Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
5/20/1997
Cit� COU�RiC AGENDA Tuesday, May 20, 1997 4:30 p.m. - Budget Work Session CC -8 6:30 p.m. Regular Meeting South Coast Air Quality Management District Auditorium 21865 East Copley Drive Diamond Bar, California 91765 Mayor Mayor Pro Tem Bob Huff Caro t Herrera Council Member Eileen Ansari Council Member Clair Harmony Council Member City Manager City Attorney City Clerk Gary Werner Terrence L. Belanger Michael Jenkins Lynda Burgess Copies of staff reports, or other written documentation relating to agenda items, are on file in the Office of the City Clerk, and are available for public inspection. If you have questions regarding an agenda item, please contact the City Clerk at (909) 860-2489 during regular business hours. In an effort to comply with the requirements of Title II of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodations) in order to communicate at a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting. Please refrain from smoking, eating or drinking in the Council Chambers. The City of Diamond Bar uses recycled paper and encourages you to do the same. PUBLIC INPUT The meetings 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 appy 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 Rem 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. BUDGET WORK SESSION 1. CLOSED SESSION: 2. CALL TO ORDER: PLEDGE OF ALLEGIANCE: INVOCATION: ROLL CALL: Next Resolution No. 97-35 Next Ordinance No. 02(1997) 4:30 P.M.- Room CC - 8 None 6:30 p.m. May 20, 1997 Mayor Huff Dr. Wiley, Northminster Presbyterian Church Council Members Ansari, Harmony, Werner, Mayor Pro Tem Herrera, Mayor Huff 3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 3.1 Presentation of Certificates of Recognition to Jr. Women's Club Annual Spelling Bee Contestants 3.2 Presentation of City Tile to Lanterman Developmental Center upon the celebration of their 70th Anniversary. 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 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 PARKS & RECREATION COMMISSION - May 22,1997 - 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. 5.2 PLANNING COMMISSION - May 27, 1997 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.3 CITY COUNCIL MEETING - June 3, 1997 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.4 PLANNING COMMISSION - June 10, 1997 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. MAY 20, 1997 PAGE 2 5.5 TRAFFIC & TRANSPORTATION - June 12, 1997 - 6:30 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. 6. CONSENT CALENDAR: 6.1 APPROVAL OF MINUTES 6.1.1 Town Hall Meeting of May 3, 1997 - Approve as submitted. 6.1.2 Regular Meeting of May 6, 1997 - Approve as submitted. Requested by: City Clerk 6.2 VOUCHER REGISTER - Approve Voucher Register dated May 20, 1997 in the amount of $262,528.59. Requested by: City Manager 6.3 CLAIM FOR DAMAGES - Filed by Jeannie Schmitz April 2, 1997. Recommended Action: It is recommended that the City Council reject the Claim and refer the matter for further action to Carl Warren & Co., the City's Risk Manager. Requested by: City Clerk 6.4 NOTICE OF COMPLETION FOR SUNSET CROSSING ROAD CUL-DE-SAC IMPROVEMENT PROJECT - On February 6, 1996, Council awarded a sidewalk construction contract to E.C. Construction Co. in a total amount of $28,675. The completed work has been determined to be in accordance with the specifications approved by the City. The final construction contract amount, including change order items, was $29,125. Recommended Action: It is recommended that the City Council accept the work performed by E.C. Construction Co. and authorize the City Clerk to file the Notice of Completion and to release any retention amounts 35 days after the recordation date. Requested by: City Engineer 6.5 RESOLUTION NO. 97 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE ENGINEER'S REPORT FILED PURSUANT TO SECTION 22623 OF THE CALIFORNIA STREETS AND HIGHWAY CODE WITH RESPECT TO THE CITY OF DIAMOND BAR ASSESSMENT DISTRICT NO. 38; AND DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR CERTAIN LANDSCAPING MAINTENANCE WITHIN SAID DISTRICT FOR FISCAL YEAR 1997-98; AND FIXING A TIME AND PLACE FOR A HEARING OF OBJECTIONS THEREON - Pursuant to Council direction on MAY 20, 1997 PAGE 3 March 4, 1997, staff has prepared the Engineer's Report for District No. 38 for the 1997-98 FY. Said report has been prepared pursuant to the provisions of the Landscaping & Lighting Act of 1972 of Part 2 of Division 15 of the Streets and Highway Code of the State of California. Recommended Action: It is recommended that the City Council approve the Engineer's Report, adopt Resolution No. 97 -XX declaring the City's intention to levy and collect assessments for District No. 38 and direct the City Clerk to advertise a public hearing to be held on June 17, 1997. Requested by: City Engineer 6.6 RESOLUTION NO. 97 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE ENGINEER'S REPORT FILED'PURSUANT TO SECTION 22623 OF THE CALIFORNIA STREETS AND HIGHWAY CODE WITH RESPECT TO THE CITY OF DIAMOND BAR ASSESSMENT DISTRICT NO. 39; AND DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR CERTAIN LANDSCAPING MAINTENANCE WITHIN SAID DISTRICT FOR FISCAL YEAR 1997-98; AND FIXING A TIME AND PLACE FOR A HEARING OF OBJECTIONS THEREON - Pursuant to Council direction on March 4, 1997, staff has prepared the Engineer's Report for District No. 39 for the 1997-98 FY. Said report has been prepared pursuant to the provisions of the Landscaping & Lighting Act of 1972 of Part 2 of Division 15 of the Streets and Highway Code of the State of California. Recommended Action: It is recommended that the City Council approve the Engineer's Report, adopt Resolution No. 97 -XX declaring the City's intention to levy and collect assessments for District No. 39 and direct the City Clerk to advertise a public hearing to be held on June 17, 1997. Requested by: City Engineer 6.7 RESOLUTION NO. 97 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE ENGINEER'S REPORT FILED PURSUANT TO SECTION 22623 OF THE CALIFORNIA STREETS AND HIGHWAY CODE WITH RESPECT TO THE CITY OF DIAMOND BAR ASSESSMENT DISTRICT NO. 41; AND DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR CERTAIN LANDSCAPING MAINTENANCE WITHIN SAID DISTRICT FOR FISCAL YEAR 1997-98; AND FIXING A TIME AND PLACE FOR A HEARING OF OBJECTIONS THEREON - Pursuant to Council direction on March 4, 1997, staff has prepared the Engineer's Report for District No. 41 for the 1997-98 FY. Said report has been prepared pursuant to the provisions of the Landscaping and Lighting Act of 1972 of Part 2 of Division 15 of the Streets and Highway Code of the State MAY 20, 1997 PAGE 4 of California. Recommended Action: It is recommended that the City Council approve the Engineer's Report, adopt Resolution No. 97 -XX declaring the City's intention to levy and collect assessments for District No. 41 and direct the City Clerk to advertise a public hearing to be held on June 17, 1997. Requested by: City Engineer 6.8 AWARD OF CONTRACT FOR CONSTRUCTION/RETROFIT OF HANDICAP ACCESS RAMPS IN THE CITY OF DIAMOND BAR PROFESSIONAL INSPECTION SERVICES - On April 1, 1997, Council adopted Resolution No. 97-24 approving specifications for Construction/Retrofit of Handicap Access Ramps. On May 2, 1997, the Department of Public Works solicited proposals for Inspection Services. Four proposals were received on May 9, 1997 and Hall & Foreman, Inc. was the lowest responsible bidder. Recommended Action: It is recommended that the City Council receive the bids and award the proposed inspection service contract to Hall & Foreman, Inc. in an amount not to exceed $3,700. Furthermore, it is recommended that the Council authorize a contingency amount of $500 for project change orders to be approved by the City Manager, for a total authorization amount of $4,200. Requested by: City Manager 7. OLD BUSINESS: 7.1 ORDINANCE NO. 0X(1997): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ENACTING A VOLUNTARY EXPENDITURE CEILING FOR CITY ELECTIONS - On May 6, 1997, Council adopted a Resolution establishing the number of residents of the City for the purpose of determining Voluntary Expenditure Ceilings relating to campaign fund raising and expenditures for the November 4, 1997 General Municipal Election. At that time, the Council agreed to continue the discussion regarding adoption of an Ordinance setting the amount of the Voluntary Expenditure Ceiling Limits to this meeting. Should the Ordinance be introduced tonight, second reading would be held on June 3, 1997 with the effective date of the Ordinance to take place on July 3, 1997. Recommended Action: It is recommended that the City Council consider adoption of an Ordinance establishing Voluntary Expenditure Ceilings for the November 4, 1997 General Municipal Election as an urgency measure; or direct staff as necessary. MAY 20, 1997 PAGE 5 Requested by: City Council 7.2 ORDINANCE NO. 0X(1997) AN ORDINANCE OF THE CITY OF DIAMOND BAR ESTABLISHING A MORATORIUM ON LAND USE ENTITLEMENTS FOR WIRELESS COMMUNICATIO 6,FACILITIES, ouncil DECLARING THE URGENCY THEREOF - On May ordinance directed preparation of a draft urgency of permits for establishing a moratorium on issuance wireless telecommunication facilities. The issuebefore Council is whether or not to enact the proposed ordinance. Recommended Action: It is recommended commndeandhat the staff City Council consider the urgency ordinance as appropriate. Requested by: City Council 8. NEW BUSINESS: None RECESS TO REDEVELOPMENT AGENCY MEETING NEXT RESOLUTION R-97-09 1, CALL TO ORDER: Chairman Werner Agency Members Ansari, Harmony, ROLL CALL: C/Werner Herrera, VC/Huff, 2, PUBLIC COMMENTS: "Public Comments" is the time meeting agenda to provide an reserved on each regular opportunity for members of the public to directly address the of interest to t Agency t Consent Calendar t ealreadye scheduled efor consideration rs on public that are this agenda. Although the RedevelopmenthAgency encyvalues your comments, pursuant to the Brown Act, e ly cannot take any action on items not listed on the to posted agenda. Please com _lete ^a S „eak r ,s Card ormd is give it t th-f thise Redevelopment Agenc v. 3. CONSENT CALENDAR: 3.1 APPROVAL OF MINUTES - Regular Meeting of May 6, 1997 - Approve as submitted. Requested by: Agency Secretary 3.2 VOUCHER REGISTER - Approve Voucher Register dated May 20, 1997 in the amount of $19,275.86. Requested by: Executive Director MAY 20, 1997 PAGE 6 3.3 RESOLUTION NO. R -97 -XX: A RESOLUTION OF THE DIAMOND BAR REDEVELOPMENT AGENCY APPROVING ITS REPORT TO CITY COUNCIL IN CONNECTION WITH THE PROPOSED REDEVELOPMENT PLAN FOR THE DIAMOND BAR ECONOMIC REVITALIZATION AREA OF THE AGENCY APPROVING OWNER PARTICIPATION RULES AND METHOD OF RELOCATION, AND AUTHORIZING TRANSMITTAL OF THE REPORT AND REDEVELOPMENT PLAN TO THE CITY COUNCIL - The Agency has undertaken proceedings for adoption of the Redevelopment Plan for the Diamond Bar Economic Revitalization Area. On November 19, 1996, the Agency adopted Resolution No. R-96-09 approving selection of the area within the boundaries of the Diamond Bar Economic Revitalization Area ("Project Areae) and the Preliminary Plan for the Project. Adoption of this Resolution also directed preparation of a redevelopment plan for the Project and noticing of affected taxing entities of the proposed adoption of the Diamond Bar Economic Revitalization Area. The Resolution also adopts the Rules Governing Participation and Reentry Preferences for Property Owners, Operators of Business and Business Tenants for the Diamond Bar Economic Revitalization Area and the General Relocation Rules applicable to the Diamond Bar Economic Revitalization Area. Recommended Action: It is recommended that the Diamond Bar Redevelopment Agency adopt Resolution No. R -97 -XX approving the report to City Council in connection with the Redevelopment Plan for the Diamond Bar Economic Revitalization Area and transmitting the Report to Council and the Redevelopment Plan to the City Council. Requested by: Executive Director 3.4 RESOLUTION NO. R -97 -XX: A RESOLUTION OF THE DIAMOND BAR REDEVELOPMENT AGENCY REQUESTING THE PLANNING COMMISSION TO PREPARE ITS REPORT AND RECOMMENDATION IN CONNECTION WITH EXCLUDING CERTAIN PROPERTY FROM THE PROPOSED DIAMOND BAR ECONOMIC REVITALIZATION AREA - The Diamond Bar Redevelopment Agency and the Diamond Bar City Council are undertaking proceedings to adopt a redevelopment plan for the Diamond Bar Economic Revitalization Area. The proceedings to adopt the Redevelopment Plan are now in the final steps in the process. The Agency and the City Council are scheduled to open the joint public hearing on the Redevelopment Plan and related Environmental Impact Report at this meeting for the purposes of taking public testimony on both of these documents. Recommended Action: It is recommended that the Diamond Bar Redevelopment Agency adopt Resolution No. R -97 -XX requesting that the Planning Commission prepare its report and recommendation in connection with the exclusion of territory from the proposed Diamond Bar Economic Revitalization Area. MAY 20, 1997 PAGE 7 Requested by: Executive Director RECONVENE CITY COUNCIL MEETING 9. PUBLIC HEARINGS: 7:00 P.M. or as soon thereafter as matters can be heard 9.1 ACTIONS RELATING TO THE JOINT PUBLIC HEARING IN CONNECTION WITH THE REDEVELOPMENT PLAN AND RELATED ENVIRONMENTAL IMPACT REPORT FOR THE DIAMOND BAR ECONOMIC REVITALIZATION AREA - On April 15, 1997, the Agency and City Council set the time and date for the joint public hearing and directed that all appropriate notices to be published and mailed to all required entities or persons as prescribed by the California Community Redevelopment Law, Health and Safety Code Section 33000, et seq, and authorized staff to publish and mail notices regarding the Environmental Impact Report as prescribed by California Environmental Quality Act guidelines. The Council, as well as the Agency, also authorized and consented to a joint public hearing on the proposed Redevelopment Plan in accordance with Section 33355 of the CRL. Additionally, the Council and the Agency adopted Resolution Nos. 97-27 and R-97-06, respectively, making a finding that the use of tax increment revenues, allocated for low and moderate income housing, outside of the area encompassing the Diamond Bar Economic Revitalization Area would benefit the Diamond Bar Economic Revitalization Area. Recommended Action: It is recommended that the City Council and Redevelopment Agency take the following actions: (1) Hold a joint public hearing with respect to the Redevelopment Plan for the Diamond Bar Economic Revitalization Area and the Final Environmental Impact Report related thereto; and (2) Continue the joint public hearing on the Redevelopment Plan to June 3, 1997 at 7:00 p.m. in the Council Chambers for the sole purpose of considering the exclusion of certain properties from the Diamond Bar Economic Revitalization Area. Requested by: City Council and Redevelopment Agency RECESS TO REDEVELOPMENT AGENCY - Continuation of Redevelopment Agency Agenda 5. OLD BUSINESS: None 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. MAY 20, 1997 PAGE 8 8. AGENCY SUB -COMMITTEE REPORTS: REDEVELOPMENT AGENCY ADJOURNMENT: RECONVENE CITY COUNCIL MEETING: 10. COUNCIL SUB -COMMITTEE REPORTS: 11. COUNCIL COMMENTS: Items raised by individual Councilmembers 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: The Diamond Bar City Council Extends Special Commendation and Congratulations to DIAMONDPo'INTELEME TARYSCHOOL for her 1st Place achievement in the Spelling Bee Contest on May 9, 1997, hosted by the Diamond Bar Junior Women's Club May 20, 1997 Diamond Bar City Council Robert S. Huff em}euBiS 'enoge ue:4lJM se ssaJpps pule ewleu Aw joegai selnulw Ilouno0 eyj enley asleaid 'well epue6e loefgns eqj uo Ilouno0 ey3 ssaipple of joedxe I :103mns/# `daN3 Jd :NOIiVZIN` 0UO 9'6h h 9 bs' b1:3NOHd Y(T r 1Y1 O9 :SS3a0at/ --T bl PZ/T :31VO PTTy� �y� i�,/ :Vyouj NUT10 )l.LIO :01 1IONf10O Allo 3Hl SS3aaav Ol 1S3nO38 AHVINnIOA 'anoge ueu!jm se sseippe pue eweu Aw joagai sa}nuiW Ilouno0 ayj eney aseald •waji epue6e 1091gns ay} uo llouno0 eyj sseippe of joadxe I N 21?�Y 9 �-v 73JVV� �L oa i2:3NOHd *7 i -J 1-a / © �� ► 3�S NHT10 ul0 :103f i3ns/# VGN30V :NOI-LVZIMdJHO :SS3Haatf AOH-� :Ol -1I3Nf100 Alia 3H1 ss3doov Ol 1S3no3d AbIVINmOA efnlau6lS •anoge u9111JM se ssaJppe pue aweu Aw 1oegei salnullN IlounoO 941 aAey eseeld 'well 10pu96e 10efgns eU1 uo Ilounoo eu1 ssaippe of loedxe I J 1 6 :ioa ns/# ` (1N3Jd -- :NOIlHZIN`dJbO 11'40 ,Ye.3NOHd -.-Vv 7dr*,�� Q :SS3daad 31 /4 .S /p7 f .I :WOd3 >I8310 ALIO :Ol 11ONf10O AlIO 3Hl SS3daad Ol 1S3nO3a AHVINn10A -anog8 uaUlJM s2 ssaJpps pub 9w8u Aw 13agai seinulW 113uno0 841 en8y es8ald 'Weil epueBB ioe(gns eqj uo Ilouno0 eyj sseipp8 o} }oedxe I m a?�� > > J J J � :EIN OHcl 09 :31`da WJ NU13-10 ,UIO :.L03mns/# baN3E)V :NOIJ-VZIN`dJdO :SS3UCICI ' : Vyou=i :Ol 11ONnoo Allo 3Hl SS3aaav Ol 1S3m3a AHVINnIOA w ein}eu IS -enoge ua:RiJM sE sseJppe pue eweu Aw pepi selnulW Ilouno0 eyj envy eseaid -WeII epue6e joefgns eqj uo Ilounoo eyj sseippe o} joedxe 1 IV447V J) - c ,,% -!q - Z / z 9--f & L b — <z-� -:;, s :31VC) — ;,., PC - -.f )IH3-10 Allo 1I3Nno3 A110 3H1 SS3aaav 011SM038 AHVINmOA NOI1dZI NVE)H O :SS3Haad AoH-� :ol w , i �anoge ua�unn se ssaappe pue aweu �(w jaagai sainul1N Iiouno0 aye aney aseald �9J!aepua6e �oalgns ayj uo puno0 ayj ssaappe of }oadxe I /Z/o - K/-L:3N0Hd V-7�-ls Ij S mss! — -Kf 9 J, --r L S - a2 J $- :31VO fir✓- �' b?��/� pv N)J310 Allo :103f ans/# VCIN3Jd NOIIVZI NV!DHO :SS3HCIa`d moH3 :Ol lloNnoo Allo 3Hl SSMIGOV Ol 1S3nORI AHVINn-10A emleubiS 'anoge ua?alJM se ssaJppe pue aweu Aw joagai sainulyy Ilouno0 ay} aAey eseald •we}I epue6e joefgns eqj uo IlounoO eqj sseippe of joedxe I � :lO3mns/# WIN30V �{[o -,1,9g :3NOHd GIVO NU310 Allo '11ONf100 A110 3Hl SS3aOad Ol 1SM038 AHVINn,10A : NOIJLVZ I NV!DHO :SS3H4a`d :WOHd :Ol 'anoge ua:}unn se ss9Jpp8 pue aweu Aw joegai sa}nulw Ilounoo 9141 aney aseald 'waJI epu96e 109(gns ey} uo Ilounoo eyi ssaappe of joadxa I 3 - MISIAL 1 11 5 :3NOHd -' _ 1 cyS !i :31t/0 I �d NH9-10 Allo :103mnsl# ` (IN3SV : NOIldZI NHJdO :SS3)dOad :INOdd :Ol '1IONnoo Aiio 3Hl SS3dOQ`d Ol 1S3n038 AUVINmOA C •anoq� ua�I�nn se ssaapp� pug aw�u �tw }oagai sainul1N Ilduno0 aye aney assald wadi �pua6e �oefgns ay} uo Ilouno0 ey} ssaippe of joedxe I NUT10 uIO :103rens/# ` (IN3!DV :NOI-LVZIMdJHO :SS3Haa`d :WOH3 :01 -1IONf100 ALIO 3Hl SS3d04`d Ol 1S3nO3a Adt/1Nn'10A emiudis 'anoge uaUlJM sE ssaJppe pue eweu Aw ioegai seinulw IlounoO ayl aney eseeld Ue1I epua6e 10efgns eqi uo IlounoO ey3 ssaappe of ioedxe I 1IONnoo ALIO 3H1 ss3aaad Ol 1s3no3a AHVINniOA :103mns/# VON3Jd :NOIldZINVE)UO � d S �► i► � �"-it`s •' �d 0 LIZ -i -t S NOHd "�1� ..b "�Q p•...�sso� OZ i'� :SS3E�Oad (c► b :31`da .vo --1 r-aC� :WOd-� NU310 AiIO :Ol 1IONnoo ALIO 3H1 ss3aaad Ol 1s3no3a AHVINniOA •anoge ua�Iann se ssa�ppe pue aweu �(w joagaJ sa}nulyy Ilouno0 aye envy aseaid wa�1 epueBe }oafgns eyj uo Ilouno0 eyj ssaippe of }oadxe I or,~ j e.� Z (. :103f ens/# VGN39V :NOIiVZIMdJdO Q2 25-tirsL "t7 :3NOHd Ilwrd -*dO lib :SS3Haa`d Q2(£ :31VGv 1rt�,� FWWy 'yc :WOdd N)J310 A110 :Ol '11ONf100 Ain 3H1 ss3uoab Ol 1S3f103» AHt/1Nf1'10/1 -anogE ua:Runn SE ssaappE PUB awEu Aw joagai sa}nullry Ilouno0 eLp aney aseeld -wall epua6e }oafgns etyl uo Ilouno0 eqj ssajppe of joadxa I :103mns/# d(IN3E)V .,. :NOI-LVZINdJ»O :3NOHd ,.�-.,�� ; �� a yl '� s� � q� :SS3da4`d :31da �n,a�� :wOdJ NdE110l`Uo :ol '11ONf100 Alii 3H1 SS3aoav Ol 1S3f103a Jl8`dlNfll0A w ajn}au61S 'anoga uaUlaM sa ssaappa pua awau Aw bagel salnulyy llouno0 ay} anay esaald 'w91I apue6e joalgns ayl uo llouno0 ayj ssaippe o} joedxe 1 :3NOHd :31dd NU 10 ALIO 103mns/# VGN3Jd :NOI-LVZINVMJO :SS3HOC] ' :WOud :O1 11ONf100 Am 3H1 ss3doav Ol 1s3n03U Ad`d1Nn10A ein}su618 Aw bagel se}nulw Ilouno0 e41 envy eseald -wejl epua6e loafgns ey* uO Juno la a sssseg,PPs Pus aweu o y� ppe of ioedxe I --------------- :3NOHd --------------- :3.LV0 NH3-10 A_LIC) :103mns/# VON3DV NOI.LVZINVE)HO :SS3HdOd :woH-� :01 1IONnoo ALIO 3H1 SS3daav 011S3nD38 A8b'1Nn-ioA h i I CITY OF DIAMOND BAR DIAMOND BAR ECONOMIC REVITALIZATION PLAN TOWN HALL MEETING 4?4pr MAY 3, 1997 CALL TO ORDER: Mayor Huff called the meeting to order at 9:12 a.m. in the SCAQMD Board Room, 21865 E. Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Council Member Ansari. Present: Agency Members Ansari, Harmony, Herrera, Vice Chair/Huff, Chairman Werner. Also Present were: Terrence L. Belanger, Executive Director; Frank Usher, Assistant City Manager; James DeStefano, Community Development Director; Kellee Fritzal, Assistant to the City Manager and Lynda Burgess, Agency Secretary. II. WELCOMEIINTRODUCTION: Mayor Huff welcomed everyone present and pointed out that the meeting was bring broadcast live and would be re -broadcast at a later date. Chair/Werner explained that the purpose of this meeting was to present an overview of the Redevelopment program being proposed. On May 20, the Agency and City Council will consider adoption of the Redevelopment Agency program. A discussion period will follow presentations by staff and the Redevelopment Agency's consultant firm. Jim Oswald, MIG, Inc., Facilitator, presented an agenda overview. 111. OVERVIEW OF CITY'S/AGENCY'S REDEVELOPMENT OBJECTIVES: ED/Belanger stated that redevelopment is a strategy included in the City's General Plan as a means of providing an opportunity and ability to revitalize the City's economic base and its major infrastructure. Redevelopment is an effort to take a long term view of the City's future as it relates to commercial and industrial properties which are the economic foundation and well-being of the community. Council embarked upon a somewhat lengthy process in the development of the General Plan. When the General Plan was adopted, Council began the studies necessary to determine whether redevelopment was a viable alternative to the community. About a year ago, the City retained consultants to conduct survey area and feasibility studies as well as an economic marketing study of the commercial and industrial community. The conclusion of the feasibility study was that it would appear as though redevelopment was viable in D.B. As a result, Council embarked upon a nine month process which is nearing its completion. The Redevelopment Agency has presented Council a Redevelopment Plan and preliminary report together with associated documents related to the formation of a project area. He pointed out that the Project Area Map contains primarily commercial and industrial properties. Two residential structures (one residential property in an industrial area) are included in the redevelopment project area. The primary purpose of the MAY 3, 1997 PAGE 2 TOWN HALL MEETING redevelopment area is to focus on commercial and industrial uses. As envisioned, this project area provides financial resources to renovate and revitalize a commercial and industrial base. It utilizes, as its basis, the taxes that are already being paid by property owners that the redevelopment area is designed to serve. There are no additional taxes. Whatever taxes are currently being paid would be returned to the City via the Redevelopment Agency for purposes that would benefit the Redevelopment Agency in a greater percentage than what the City currently receives. For example, currently the City receives about $.06 for every dollar paid by taxpayers. Under the redevelopment program, the Redevelopment Agency would receive $.49 of every dollar. The additional monies must be utilized to benefit the properties from which the money comes. In short, redevelopment is returning a greater amount of money that is currently paid by taxpayers back to the community to benefit the properties that generate the money. IV. PRESENTATION: AN OVERVIEW OF THE REDEVELOPMENT PLANNING PROCESS: Felice Acosta, Principal, Rosenow Spevacek Group, stated that she and Associate Hitta Mosesman, during late spring and early summer, conducted a feasibility analysis for an area which ultimately was defined as all of the commercial and industrial areas within the community. Two residential dwelling units are contained within the areas zoned commercial and/or industrial. The study results clearly indicated a significant economic decline within the designated areas. In addition, there were indications of physical and economic blight represented by a decline in property values as contrasted by the extremely healthy residential property values which showed an increase - even in a declining real estate market. Another significance is the amount of vacancies within the commercial and industrial office community that ranges from 20-40%. Vacancies are a severe problem within D. B. when compared to the surrounding communities. Because of the documented conditions and the information forwarded to Council and the Redevelopment Agency, along with the economic study results, the Agency decided to move forward with the process by which a Redevelopment Plan is adopted. The nine month process is prescribed by law and requires ongoing investigation and documentation. She further explained that redevelopment was conceived in California in the 1950's and 1960's as a response to Federal programs such as Urban Renewal. In the 1950's, a Constitutional Amendment was passed that allowed for tax increment financing - the method by which redevelopment in California is financed. Based upon the legislation, the Community Redevelopment Law was written in the 1960's, the law by which all Redevelopment Agencies within the State operate. The law is part of the California Health & Safety Code and is explicit in its language as to what Redevelopment Agencies can and cannot do, how project areas can be incorporated, how projects can be financed, etc. The law provides a method by which Redevelopment Agencies can proceed to implement revitalization activities. Primarily, the focus of Redevelopment Agencies are to plan for revitalization, implement the revitalization by site and building redesign, provide MAY 3, 1997 PAGE 3 TOWN HALL MEETING for rehabilitation of all properties within a project area, and help the area develop those properties that have not previously been developed due to some type of physical or economical constraint. Redevelopment throughout California and as it is envisioned in the law, is a cooperative effort between the community and the private sector. Redevelopment is financed through tax increment which is based upon property taxes. Property taxes are not increased as a result of redevelopment. The Agency has no power to levy property tax or assessments. Once a project area is adopted, any increase in assessed value that is created within the boundaries of the project area --the tax is generated on the increase, instead of going to the taxing agency-- will be divided with the greatest portion flowing to the Redevelopment Agency. She reiterated that tax increment financing does not raise property taxes. Tax increment financing is the improvement of the area and the value that is created by the improvement that generates the revenue. Redevelopment can enhance the physical and economical viability of the community's commercial and industrial properties, reduce commercial space, attract new business, provide for economic development opportunities to existing business and property owners within the community, provide the Agency and the City at large the funds needed to provide for public infrastructure and facilities that currently do not exist. D. B., as a relatively new City, receives less than 6% of its property taxes compared with older cities in surrounding communities which receive an average of 15-19%. A Redevelopment Plan is a legal document that sets forth the agency's powers, duties and responsibilities in implementing the Plan. Tax increment revenue is the revenue generated from property taxes as a result of the increase in property values that occurs only after plan adoption date. If the plan is favorably received and adopted at the May 20, 1997 public hearing, the Agency will not begin receiving tax increment revenue until FY 98-99. From that year forward, the Agency will receive tax increment revenue on an annual basis. Current redevelopment law describes how an area must meet the criteria to be included in a project area. There must be at least one physical or one economic blight condition defined by law and that the area must be predominately urbanized (80% must be currently or previously developed). Conditions within the law defined as physical blight conditions are deterioration, faulty or defective design or construction, substandard design, lack of parking, incompatible uses and subdivided lots of irregular shape or under multiple ownership. Economic blight conditions include depreciated property values, impaired investments such as declining building permit activity, declining retail sales tax, properties that contain hazardous waste, and abnormally high business vacancies. She felt that poor planning practices by L.A. County prior to the City's incorporation have led to declining commercial and industrial areas. Surrounding communities use redevelopment to enhance their commercial and industrial base by providing incentives, providing commercial rehabilitation loans, and providing superior space to what is available in D.B. Additionally, freeway visibility is a problem for this community. She concluded that she found sufficient evidence that the outlined areas are urbanized and meet the lauds requirements and that there is sufficient blight to present a report to Council and the Redevelopment Agency for D.B. Economic Revitalization Area adoption on May 20, 1997. MAY 3, 1997 PAGE 4 TOWN HALL MEETING CDD/DeStefano presented videography examples of redevelopment tools utilized by adjacent communities including Brea, Fullerton, and Arcadia, which might be considered for D.B. He cited examples of Redevelopment Agency loans and grants for new investment, building improvements, facade improvements, signage, etc. He showed how these tools might be used to improve sections of D. B. Other cities that have utilized such techniques include Monrovia, Covina, Burbank and other downtown areas in the immediate vicinity of the City. These are examples of public and private partnerships that can be achieved when cities, redevelopment agencies, private investors, property owners and merchants cooperate. He then presented a series of views for the Country Faire Center at Central Avenue just south of the Pomona freeway. The property previously incorporated barren parking lots with a great deal of deterioration and deferred maintenance. Through the use of redevelopment funds, it now enjoys a remodeled entry with new statements related to landscaping, signage, etc. The facelift dealt with declining retail sales in the area and improved property values. A number of new tenants were added to the shopping center. These are examples of how redevelopment can be utilized to stimulate private investment and generate new customers into some of the older dilapidated shopping centers. The most dramatic example of this effort took place in the City of Buena Park. He referred to a shopping center which underwent a complete rehabilitation, retention and expansion. It was a typical 1960's vintage shopping center much like the K -Mart Center in D. B. He showed examples of the before and after designs. Today, the shopping center is a completely modern facility with ample parking, lighting, landscaping, modern architecture, design and treatments. The redevelopment agency put all of the players together in order to coordinate the improvement. He emphasized that D.B. has characteristics of these types of facilities and the City has shopping centers that need these levels of improvement. He concluded that adoption of the project area and the use of redevelopment tools and financing can make the community's shopping centers inviting and competitive. The City is looking to retain existing businesses, expand existing opportunities, attract new businesses and reduce the overall sales tax leakage to other cities, ultimately providing additional resources for use within the community. Ms. Acosta stated that the Redevelopment Plan document is not a General Plan or Specific Plan, but is a legal document and its language reflects this fact. The document's purpose is to spell out the agency's powers, authorities, duties and responsibilities in implementing revitalization of the project area. An exhibit contains the legal description of the project area and the map and that is the method by which, legally, the areas are incorporated into a project area. The law requires that the project set forth the land use permitted within the project area. This redevelopment plan, like almost all redevelopment plans, currently --within the last 15 years --states that the land use for this redevelopment plan is in the City's General Plan as it now exists or will be amended in the future. The Redevelopment Agency defers to the City and the City's General Plan as the mechanism by which land use is determined. The Redevelopment Plan sets forth generalized goals and objectives for the purpose of revitalizing the area. The Plan contains a list of MAY 3, 1997 PAGE 5 TOWN HALL MEETING programs and potential projects for improvement. The law requires that for an agency to fund a public improvement such as street construction, community center, etc., the need must be identified at the time the Plan is adopted and the Plan must contain reference that the project is necessary. For that reason, it is customary in planning redevelopment plans that the community will look at its public infrastructure and facilities and devise a list of public improvement needs that will be envisioned in the immediate as well as in the future for the project area. Therefore, a Public Improvements List is an attachment to the Redevelopment Plan. The Redevelopment Plan also contains the method of financing (tax increment financing) and it also allows for other methods of financing such as grants from state or federal bodies and gifts or donations from the general public. The Plan also contains certain limits which are required by redevelopment law: 30 years to revitalize the project area; 20 years to incur debt, and a 45 -year limit to collect tax increment to repay the debt. In addition, the Plan contains a limit with respect to how much outstanding debt the agency may have at any one time. The goals of this plan are to stop the decline of D.B.'s commercial and industrial areas and to provide a method of financing to establish that goal given the City's current economic condition. The proposed programs identified to revitalize the area are: Commercial and industrial rehabilitation program which would address the deterioration and deferred maintenance that exists within the area; attempt to address properties with defective design or physical construction; the high business vacancies; substandard designs; decline in property values and the decline in retail sales. The proposed parking improvement program is specifically designed to address deferred and deteriorated situations, properties suffering from lack of available parking, substandard design, impaired investment, high business vacancy, declining property values and lease rates, and declining retail sales. The proposed Public Improvement and Facilities Program is an attachment to the Redevelopment Plan and is designed to address all of the physical and blighting conditions that have been identified in the area in addition to inadequate public improvements, public infrastructure and public facilities. The Plan also allows the Agency to acquire property through any legal means which includes eminent domain. It provides for the Agency to pursue owner participation to facilitate rehabilitation or expansion of properties. The Agency has the power to cooperate with public agencies such as school districts, the County and other public agencies to help revitalize the project area. The Agency has the power and the responsibility to provide for assistance to persons that, through Agency actions, may need to relocate either business or persons. In this particular project area, the concern is not to displace anyone or to create relocation. However, the law requires that the Plan contain these provisions to protect business owners and tenants. The Agency has the power to demolish property, rehabilitate property, provide public improvements, provide for the cleanup of hazardous waste and provide for seismic repair. The Agency may also sell and assist in the development of property. The Agency may improve or increase the supply of low and moderate income housing. Financing for these projects is obtained through tax increment financing. She reiterated that tax increment revenue is generated by property taxes that are created by the increase in value within the project area after the project is adopted MAY 3, 1997 PAGE 6 TOWN HALL MEETING from new construction, rehabilitation or property sales that result in an increase in value. Tax increment does not raise anyone's taxes. The tax increment that is generated within the project area will be shared with the Redevelopment Agency, the City and other taxing agencies. The law provides the formula for sharing the increased value so that the taxing agencies are not adversely impacted. In order for the Agency to collect tax increment, the Agency must have debt. Every September 30th, every redevelopment agency in the State must file a document called a Statement of Indebtedness with their County Auditor/Controller that identifies the Agencies' debt in order that they may collect the tax increment. In the case of D.B., it has borrowed money to conduct the Plan adoption. From this debt, the Agency will be able to collect the first tax increment dollars if the Plan is approved. The Redevelopment Plan also specifies that the Agency must set a debt limit. At any one time, the Agency may not have more than a certain amount of debt. The amount is usually calculated based upon tax increment projections by determining what could occur over the 30 year term of the Redevelopment Plan. Every decision to incur debt is an individual decision of the Agency and Council, usually on a project by project basis or on an annual basis. The Plan also specifies that the Agency only has 20 years to incur debt. At the end of the 20 years, the Agency cannot borrow any more money or issue any more bonds, should they chose to issue bonds. Additionally, the law requires that 20% of all tax increment revenue collected within the project area be devoted to improving or increasing the community's supply of moderate -low or very -low-income housing. Most communities use their low -and -moderate -income housing funds to provide for senior housing and first time home buyers programs. She believed the D.B. project could generate approximately $453,000,000 over the 45 year term. Of that amount of money, 20% ($90,000,000) is set aside for housing, 34% ($156,000,000) goes to the taxing agency (County, Fire District, School District, Mosquito abatement, etc. and the City) leaving a net of 46% ($206,000,000) for the Agency to use for revitalization over the 45 year period. The debt limit set within the Plan is currently $60,000,000, which means that the Agency cannot owe more than $60,000,000 at any one time. V. DISCUSSION: Martha Bruske expressed concern about certain areas of the City becoming slums by virtue of being surrounded by redevelopment. Ms. Acosta responded that the areas Ms. Bruske refers to are primarily residential areas. In looking at the City, the areas that need redevelopment the least are residential areas which had increased in value for the most part and upkeep was very good. Early on, the decision was not to include any residential in the redevelopment area. However, because of the law's requirement to set aside 20% for housing purposes, the feeling is that the City will have the resources to address any deterioration within the residential community with the use of its housing funds. Additionally, because all of the major roadways have been linked, the infrastructure problems that surround the residential communities can be addressed. Mrs. Bruske pointed out that City parks such as upper Sycamore Canyon and MAY 3, 1997 PAGE 7 TOWN HALL MEETING Sandstone Canyon are included in the proposed redevelopment map. Ms. Acosta responded that the parks are included because the Plan spans a term of 30 years. The Agency and City wanted the ability to provide for public facilities and improvements to those parks. By including the parks and certain park projects within the plan area, the City and Agency have the ability in the future to spend monies on those improvements. Chair/Werner pointed out that Upper Sycamore and Sandstone Canyon are not parks. Those are privately owned vacant properties. Mrs. Bruske stated that Gateway Corporate Center, which was not developed as it was intended, was supposed to be the City's answer to everything. ED/Belanger responded that the Gateway Corporate Center is included in the proposed Redevelopment Project Area. He explained that the relationship between commercial, industrial and residential properties will remain whether or not there is a Redevelopment Agency. The land use plan of the City's General Plan has the areas referred to by Mrs. Bruske as commercial, industrial and residential areas. Redevelopment will not change those areas. Redevelopment provides financial tools for dealing with future conditions. Left alone, the City is left with private investment to try and deal with the changing commercial and industrial environment as well as the changing residential environment. Redevelopment does not change the land use textures of the areas that are not designated as redevelopment. Those are residential areas that are currently surrounded by existing commercial and industrial properties. Chair/Werner pointed out that the green areas of the map are being referred to as commercial and industrial. Most of the area is commercial, a significant portion is roadway, and only a small portion is industrial. He asked that ED/Belanger identify the industrial areas on the map. ED/Belanger pointed out the industrially zoned properties. Currently, those properties are light industrial development (warehousing and combination retail and warehouse) along Brea Canyon Rd. off Lemon Ave. D. B. does not have the kinds of industrial properties today or in the future that currently exist in the City of Industry or cities further to the west. The areas surrounding the area referred to NAP are generally commercial areas or freeway rights -of -ways. The Redevelopment Project Area is likely to change these disconnected areas for the better. If there is no project area, the existing physical situation will continue. Ms. Acosta stated that the reality of the situation is that if the commercial areas of the City continue to deteriorate and decline, even though currently the residential areas are strong, at some point in time, the commercial areas will impact the residential areas adversely. The best thing the City can do is to improve those commercial areas to preserve the residential areas. The intent of using housing MAY 3, 1997 PAGE 8 TOWN HALL MEETING monies is to use the funds for rehabilitation within the existing areas. Moderate income for a family of four is $61,000. Housing dollars will be available citywide and not limited to the proposed project area. Paul Burmeister said he has lived in his home for 25 years and raised his family there. He believed that the proposed map is inaccurate. He did not understand how his residential area bordered by Virgil's Mobil, Carrows Restaurant, Armstrong Nursery, Moe's Liquor, a dental office, In -n -Out Burger, etc. will benefit from redevelopment. His house backs onto Via Sorella and stated that he would expect sound proofing installed to protect him from increased traffic on his street. All of the people in the "slum" areas are scared to death that the City is planning to add a low- income housing area and cause property values to decline even further. Hitta Mosesman explained that her field survey revealed that specific conditions at the intersection of Golden Springs Dr. and Brea Canyon Rd. and surrounding area have experienced vehicular access problems for several of the commercial properties. In some cases, multiple businesses have confusing access points which could be potentially hazardous in a high traffic situation. In addition, the survey found a lack of parking for some of the businesses. In particular, the strip which includes Moe's Liquor has inadequate and no off-street parking. The survey found declining property values. Although Armstrong Nursery does not appear to suffer from severe deterioration, they appear to have some design problems with the site (outdoor storage and production). The site and the building appears to be inadequate for nursery use given that production activities are being conducted outside either in the parking lot or in adjacent lots. Mr. Burmeister responded to Jim Oswald that the map is very confusing. In addition, there is no actual plan today so that the citizens can see what will happen. ED/Belanger said that what is being discussed today is creating the wherewithal to reinvest in this community. Without this avenue, our ability as a community to deal with our future is going to be severely constrained. Redevelopment provides an opportunity for this community to really take control of its destiny by having the ability to reinvest in itself. Specific plans related to that reinvestment are required by law. Ms. Acosta stated that at the time the Report to Council goes to the Agency and Council, it is required to have a very brief 5 -year implementation plan that looks at potential revenue and outlines the programs that the Agency will embark upon. It is within the first 5 years that the Agency develops those programs and sets forth guidelines, etc. At a 2 1/2 to 3 year mark, the Agency is required to have a public hearing to review the implementation plan. The Redevelopment Plan is not a plan- - it is a legal document. This City went through a very lengthy process to develop its General Plan and come up with the land uses it wants for the community. The Redevelopment Plan implementation will focus on rehabilitating and improving the commercial districts in the area. The City will look at such problems as high MAY 3, 1997 PAGE 9 TOWN HALL MEETING vacancies, business attraction and retention, low property values and do the things to the public infrastructure that will help to improve traffic problems, etc. With respect to housing, the same thing is true. The 5 -year plan will look at available funds and set forth programs which can be utilized on a citywide basis. ChairMlerner said he heard Mr. Burmeister's comments and Mrs. Bruske's comments as suggesting that the area in which Mr. Burmeister lives is a slum area. Does any of the Agency's documentation identify that area as a slum area? ED/Belanger responded that there are no residential areas in D.B. referred to as slums or anything even approximating that term. In fact, quite the opposite is true. Those residential areas were not included as part of the Redevelopment Plan because the consultant determined that the findings necessary to include such kinds of properties in a redevelopment area were not going to be able to be made. Mr. Burmeister said "it is considered low-to-medium income housing on your map in your City Hall." ED/Belanger stated that that is a land use map. What that means, is that properties in that particular area are of low and medium density which is somewhere in the neighborhood of 3-5 units per acre. It has nothing to do with income. ChairNVerner indicated that he, too, did not believe that area is a slum. However, he is familiar enough with the area to recognize that it is already impacted by noise from the freeways, traffic, etc. He indicated that the plan contains a list of projects which seem to be quite broad. He asked if the Agency is able to use some of the redevelopment revenue --if the Plan is approved --to pay for sound walls that the State has refused to put in. In other words, what we're living with are --and it's not just this neighborhood, its other neighborhoods --impacts from the freeways that the State promised to mitigate by constructing sound walls, which they did not do. ED/Belanger. . responded that redevelopment funds could be used for these purposes. The finding that one must make with relationship to the expenditure of tax increment redevelopment revenues is that the project will benefit the project area. Sound walls are the kinds of infrastructure that could be determined to be of benefit to the project area on a case by case basis. The property does not have to be in the project area for it to be found to be of benefit to the project area. Chair/Werner asked for clarification of Mr. Burmeister's statement regarding low income housing. He felt that Mr. Burmeister was concerned that this plan could infuse low income housing into an existing neighborhood. As a decision maker, he said he has concerns with that issue as well. He asked if it is likely that this may happen. ED/Belanger responded that in order to engage in certain kinds of housing activities that are not included within the project area as defined, the Redevelopment Agency MAY 3, 1997 PAGE 10 TOWN HALL MEETING would have to amend the plan. That means that the Redevelopment Agency would have to again go through the entire process. Furthermore, if the Redevelopment Agency were to amend the plan, it would have to establish what is known as a Project Area Committee to deal with housing, and people who live within that proposed project area or own property within that proposed project areas would be on the committee that would review the process and make recommendations related to and including housing within the proposed project area. The Redevelopment Agency is not in a position to move into residential areas outside of the project area and begin doing residential reconstruction or things of that nature. If individual property owners (once the plan is developed) wish to come to the agency and ask for rehabilitation monies for their properties, that can occur without a plan amendment. Mr. Burmeister said he has been in touch with CalTrans for almost two weeks regarding sound walls. He indicated his back yard is immediately adjacent to SR 57. CalTrans responded that unless the freeway is physically moved closer to the residential tract, no sound wall will be constructed. Gilbert Smith said he has resided in D.B. for 25 years and lives in Area "A." He is General Counsel for a local financial institution that is a real estate based lender, has dealt with a number of cities in terms of developing RDA agreements for residential and commercial property, and chairs the ad-hoc committee for redevelopment. He said he was not speaking as Chairman or on behalf of that cormnittee, but as a citizen. He asked that the focus of the discussion be returned to the main issue. There are individual areas within the City where monies could be utilized. He believed that one of the main issues is the community's retail vacancies and that it is important to establish an RDA to revitalize the existing business community and attract new businesses to the area. He was aware that the City faces a significant revenue shortfall in the next year or so. He cited statistics that indicate the City's commercial vacancy rate is far above that of surrounding communities. The best way to address that and to maintain the quality of City services that the citizens have grown to expect, the City must either A) cut expenditures or B) raise revenues. If the City is going to maintain its level of service, the community needs to address areas that provides the most probable ability to increase the revenues. He believed the Redevelopment Agency concept is a win-win situation. If the City can develop its economic base, it will enhance the City's revenues in the long term and permit the City to meet the shortfall and continue current level of services. The Agency will also improve the synergism within the business community so that the local business person will have the benefit of patronage not currently enjoyed. In terms of low income housing, this category usually includes first time buyers, second trust deeds, silent seconds, rehabilitation loans, etc. By the time the City has access to the 20% tax increment funds, the City will have an aging housing stock and will probably have an increased community demographics that will be on fixed income, and first time homebuyers. According to his prior experience, there will be an opportunity to utilize the 20% set aside without importing "low income housing" into the MAY 3, 1997 PAGE 11 TOWN HALL MEETING community. Clyde Hennessee believed that the retail area north and south of SR57, Arrow Highway in San Dimas is about 60% vacant. West of the exit is a full strip mall. He questioned that the City could enhance the commercial business parking on Golden Springs Rd. east of Brea Canyon Rd. He thought that businesses are beginning to come in to D.B. through City staffs efforts. He said he hates redevelopment. He understood that redevelopment monies might be needed in D.B. Glen Kennedy said he has lived on the corner of Washington St. and Brea Canyon Rd. for 42 years and bought his property when it was designated M-2, not when it was an orange grove as the Daily Bulletin misstated. He said he gets the idea that the City wants to obtain funds to put in more low income housing and loan somebody money who can't buy a house. He felt it should not be on his shoulders to raise money for such projects. Jerry Zunino, a 30 year resident, said one of the reasons he believes the City needs redevelopment money is because of badly designed and vacant shopping centers. He cited the K -Mart shopping center and The Village shopping center and the fact that even though they are adjacent, there is no vehicular access between the centers. Traffic must exit onto D.B. Blvd. or Golden Springs Rd. --both busy boulevards—to proceed from one center to the other. In addition, the parking at the Village Center is inadequate. Henry Chen asked how this plan will affect the citizens of D.B. He asked if the Agency could assist in improving the traffic problems on Grand Ave. and Golden Springs Rd. if more business moves into the community. He asked if more police will be hired to handle the increase in crime which results from increased business in the City. He asked if the City would assume the debt if redevelopment failed to attract more business to the community and if that debt would eventually be passed on to the residents. ED/Belanger responded to Mr. Chen that the Redevelopment Agency is an independent legal entity. Whatever monies it receives or whatever debts it incurs belong to the Agency. If the City had bonded indebtedness (sold bonds to investors) and somehow the redevelopment project area did not generate the kind of incremental revenue anticipated in the plan, and if the redevelopment agency went into default, the City would not be responsible for the remaining debt. One of the strategies in the City's General Plan is to deal with the traffic impacts that have occurred to this City over the years. The Redevelopment Plan includes a fairly extensive listing of infrastructure improvements. Part of those address the traffic impacts that this community has experienced, is experiencing, and can expect to experience in the future. Most of those impacts are not of the City's making. Those impacts are a function of development occurring in other cities. D.B. is left with trying to keep those impacts from adversely affecting the health and enjoyment of people who reside in this community and trying to prevent those MAY 3, 1997 PAGE 12 TOWN HALL MEETING impacts from impairing the economic base of this community. The redevelopment plan is a mechanism for creating monies to address that problem. He reiterated that the tendency is to look at these circumstances in the context of now. These Redevelopment Project Area plans are 30 year plans. He asked long time residents to think back on what has occurred around them over time. There has been significant change and there is no reason to believe there won't continue to be significant change. The change that this community has seen has been, for the most part, done with very little community input and control. The change that will occur in the future is more likely to be dealt with under the control of D.B.'s residents. Redevelopment provides this community's citizens the ability to deal with change. Part of the function of this Redevelopment Plan is to provide a financing mechanism to deal with the consequences and the impacts of change that is occurring. The City will experience a shortfall of about $600,000 in the general fund forever and about $270,000 in gas tax monies forever because the actual population in the future will be used to calculate State's subventions. As a result, the City will lose approximately $27,000,000 out of the General Fund over the 45 years. In addition, the City will lose another $12,500,000 out of gas tax funds over the next 45 years. There is no way to replace that money. There are, however, ways to mitigate these losses. One is to establish a redevelopment project area to deal with some of the capital improvements and some of the maintenance and operations activities. There will not be a convenient or politically palatable way to replace lost revenues. We as a community need to look at ways in which it can keep those monies that are currently being generated within the community without putting an additional burden on the community. Housing is not a primary function of this plan. The plan contains housing set-aside because the law says it must be included. AM/Ansari stated that she has attended many redevelopment abuse conferences. Statements are made that redevelopment will cause communities to lose police services, libraries, sewers, parks, etc. and land developers and special interest groups will get richer and the citizens will suffer, services will decline and schools will be worse off. She asked for these comments to be addressed. Ms. Acosta responded that the City currently receives only 1 % property tax revenue within the project area. Because of the mandatory pass-throughs, the City will receive 25% of the tax increment revenue. She again explained tax increment revenue. With respect to reduction in services, the City is faced with reduction of services if it does not find a method to fund necessary improvements and if it does not address the decline in retail sales revenue and property tax. For the past 5 years, the property tax revenues have decreased which means the City's revenue has already decreased without any action by anyone. Additionally, sales tax revenues have declined over a number of years. A recent City survey shows enormous sales tax leakage to surrounding communities. D.B. has the second lowest per capita sales of any surrounding jurisdictions. On a practical level, from the resources coming into the City currently, and from the expected redevelopment, her opinion is that 49% that goes to the Redevelopment Agency is not going to MAY 3, 1997 PAGE 13 TOWN HALL MEETING impact the City. If anything, it will help the City retain businesses, increase sales and increase revenue. For other jurisdictions discussing redevelopment in general, she indicated her experience has been that most redevelopment agencies and cities work together. Although a portion of the 1 % goes to the Agency as opposed to the City, it gets adjusted because in many cases, the areas where cities would have had to invest large sums of money on public improvement is now borne by the agency and; therefore, freeing up general fund money to be spent on police and fire. Regarding abuses by developers, bond counsels and consultants, she feels each situation stands on its own merits. With all forms of government there are abuses. The City needs to trust its elected officials to make decisions in the best interest of the City. Any development proposal projected to use tax increment funds must go before a joint meeting of the Council and the Redevelopment Agency at a public hearing so that the community can be heard. ED/Belanger stated that most of D. B.'s land is developed. In many communities cited as bad examples of redevelopment, a greater proportion of vacant land exists where redevelopment is undertaken which brings in new residences, new businesses and new industries which put a burden on the City's general fund. D.B.'s City Council, Agency Board and staff would not embark upon this program if any of us thought it would create an erosion in service. No one will recommend to the City that services should be reduced in order to provide for redevelopment. This is not an either/or proposition for D.B. D.B.'s proposed Redevelopment Plan is a very, very conservative plan which is intended to reinvest and renovate the community. It is not intended to transform the community. Redevelopment in this community provides an opportunity to create and enhance facilities such as libraries, community centers and public buildings. Upon incorporation, the City inherited only one public building for its 55,000 people from the County because the City had no control over the matter. If the City had had control over the matter, the community would have had more buildings for public use. The building D.B. received was a dilapidated building that had to be replaced. Every year for the last several years, Council gets inundated with requests for community centers, expansion and rehabilitation of the library, and providing public buildings for the public's use. With the exception of a City Hall which redevelopment cannot spend money on, redevelopment is a way of financing those kinds of facilities without asking the residents to pay for them. Instead of giving your tax dollars to the County, you're keeping more dollars at home. Paul Casey, Vice President, Zelman Development Company, developer and part owner, Gateway Corporate Center, believed redevelopment makes sense for D.B. Recently, a large national company that conducts business in the City decided to relocate to a neighboring community that has an aggressive and proactive redevelopment agency. The agency was able to use part of the tax increment revenues generated by a new facility for this user to incentivise them to relocate to their city. Because of that, this user will probably be relocating several hundred jobs outside of D.B. to the City of Brea. He indicated he had been involved in redevelopment projects in other cities and found it to be a very proactive way for MAY 3, 1997 PAGE 14 TOWN HALL MEETING cities to become involved in providing the types of development projects they want to see in their communities. Lillie Wu said that it is human nature to be afraid of change and understood that citizens are concerned. However, the City has done an analysis of redevelopment and it appears to be good for the City. She suggested that the City develop a hotline to help citizens better understand and cope with the issues related to redevelopment. If the City cannot find the funds to provide services, it will look to its citizens for the money. Redevelopment means changing and improving the environment in the existing commercial and industrial areas. She did not see any negative impacts with respect to the proposed Redevelopment Project Area. Dale Yoder asked for clarification of "investor." ED/Belanger responded that the term "investor" is applicable to bonded indebtedness. In other words, if the agency sells bonds, the person or entity that holds the bond is the investor. It has not been determined whether D.B. will sell bonds. Indebtedness does not have to be a function of selling bonds. Indebtedness can be in the form of a contract. The bond is repaid by tax incremental increases. The monies received from sale of the bonds are used within the project area to benefit the properties in the project area. Ms. Acosta stated that, for about the past 10 years, bonds are not issued based on projections. In order to issue bonds, the insurers, rating agencies and underwriters will look at the actual amount of revenue generated. Based on the actual revenue and the current rate of interest, they will calculate the borrowing power. Mr. Oswald stated that not all redevelopment agencies do bonds. They live by the tax increment. ED/Belanger explained that there is a limitation on the amount of debt that can be incurred through indebtedness. Over the 45 year life of the redevelopment agency, he agency could not incur more than $53,000,000 of bonded indebtedness. At this time, there are no specific plans to bond. He further stated that the primary mechanism for renovation or rehabilitation in existing areas is an owner participant agreement. By definition, the property owner and the redevelopment agency would have to reach an agreement on what and how the process would occur. A member of the audience stated that many of the people in the audience are from the tract he lives in which is not included in the Redevelopment Plan Area. He believed that what people have tried to express is that when and if the surrounding commercial areas are redeveloped or given a face lift or anything of that nature, what exactly is the Redevelopment Agency or the City going to do to buffer or to make the resident's lifestyle better. He said he would like to see a proactive win- win situation where people who have purchased homes and pay taxes in the City and whose children attend school will be considered. MAY 3, 1997 PAGE 16 TOWN HALL MEETING an industrial zone in the City. He felt it was a shame that zoning wasn't more uniform when the City was formed. With respect to revenue, if the City does nothing at all, its revenue will decline. He said he is not certain whether the taxes he pays benefit Walnut or D.B. since he has a Walnut zip code. He felt that small landowners, commercial and industrial properties should improve their properties on their own without the City having to be involved. Because this does not happen, he is happy to see that the City is taking initiative to better the tax base and the community. ED/Belanger stated that the City has retained a company to address the issue of sales tax allocations in the City's 91789 zip code area in order to insure that the State is properly attributing tax revenue to the proper agencies. In addition, the City is continuing to work with the Federal government to obtain a second zip code specifically for D.B. Don Schad said he moved to D.B. for the open space. He asked what redevelopment can do to enhance open space. Mrs. Bruske said she thought the video presentation was very helpful. However, she felt it was too pro -redevelopment. She wanted to hear the negatives as well as the positives of redevelopment. She cited the Claremont Auto Mall having failed three times as a negative example of redevelopment. The homeowners are concerned. She felt the City must go forward with redevelopment but there must be a balance in how it proceeds. Mr. Hennessee expressed concern about the City's lack of space to enhance shopping center parking. The City needs larger signs for commercial businesses. He said he has faith in the current Council. ED/Belanger indicated that in 1994, the State legislated out of existence any possibility of engaging in activities that result in the kinds of bad examples cited by some of the residents here today. The legislation under which this Agency is to be formed (if it is to be formed) prohibits auto malls. Other kinds of activities are also prohibited under the law. Large tract commercial development is prohibited under the law. This agency cannot do the kinds of things that were done by other redevelopment agencies before the law was changed in 1994. D.B.'s proposed Agency is a very modest agency by those standards and it is statutorily constrained from engaging in outrageous conduct. He emphasized that staff and Council are charged with the responsibility of making certain that the value of the community's corporation (the Agency) increases so that the value of the resident's shares (their homes and property) also increase. The citizens will hear a lot of positive input --not a lot of negative input --because the emphasis with respect to this agency is to make certain that the residents of this City benefit. In response to Mr. Hennessee, he explained that the 56,000 residents of D.B. have the power to hire and fire Council and staff. Every two years, the citizens get an opportunity to voice their opinions through their votes. MAY 3, 1997 PAGE 17 TOWN HALL MEETING Neal Alcantere asked if the redevelopment agency will address the problems the City suffers with respect to its retail market. He said the business community has received very little help from the Chamber of Commerce. Ms. Acosta responded that business retention and expansion is the basis of the redevelopment agencies pursuits. Due to lack of available funds, the City has been unable to pursue this situation in past years. It is hoped that through redevelopment financing, the City will be able to analyze the problems and address programs that will help retain businesses and help them thrive. Mr. Oswald believed that cooperation will be emphasized between the Chamber of Commerce and the Redevelopment Agency. ED/Belanger referred the participants to the last paragraph of the document entitled Diamond Bar Economic Business Revitalization and Redevelopment which states "This investment in our business community may include and not necessary be limited to expanded actions in marketing the area, advertising the area and its businesses to potential customers and clients, improvements in business facilities, etc." He said the City has been involved over the last several years in the Internet, City On -Line, Web page - electronic advertising for every business in D.B. These services would certainly be enhanced and expanded upon under a redevelopment plan. He asked the participants to read the handout materials. He announced that on May 20, 1997 at 7:00 p.m., a Redevelopment Plan public hearing will be held at the AQMD Auditorium. VI. WRAP UP: Mayor Huff felt that Mrs. Wu said it best --that people do resist change. It is important to note that change is coming to D. B. How we handle it is the important factor. Do we let it come and just react to it, or do we anticipate it and plan for it. The City has a very fiscally conservative Council which is a reflection of the community that elected it to lead. Redevelopment is this Council's effort to lead. The Council sees redevelopment as a tool that can help this City get to where it wants to be in the future --not a City of WalMarts and shopping centers but a City that has its existing business base as being successful. A City that has an ambiance that draws people to it that draws people to it --not to clog up the streets with traffic-- but to leisurely spend time or money here. D.B. does not have room to expand and incorporate projects like San Dimas. This City is basically built -out. It was because of this City's desire to proactively plan that it became a City. And that is why this community spent such a long time hammering out a compromised General Plan so that the City's direction would be clear. Ultimately, as the residents look at change, they tend to look at it in a manner that impacts them individually. The Council has to look at redevelopment with regard to how it impacts the City. He believed it is important to restate that what is being advocated through redevelopment does not change the City's General Plan. He asked the concerned residents to consider whether the types of streetscape improvements MAY 3, 1997 PAGE 18 TOWN HALL MEETING depicted in the video would increase or decrease property values. He believed the answer is that such improvements will not only increase the Golden Springs Dr. at Brea Canyon Rd. neighborhoods but the neighborhoods of the entire City. The Redevelopment Agency does not change planning --it is a tool to help implement planning. This City can have the world's greatest plan. If there is no tool for implementation, a plan is just a plan. The Redevelopment Agency is a tool for providing revenue to complete the positive things that will enhance this community. The City is looking to Redevelopment to provide the means to recapture the $1,000,000 annual revenue shortfall this community will suffer. With respect to the Boston Market, the Council, in the past 1 1/2 years, has been very proactive in trying to stimulate the business community. The Council recognizes the high vacancy rates in this community compared to surrounding communities. The first contact with Boston Markets happened at one of the shopping center conventions Council Members and staff attended. He thanked the audience participants and viewing public and invited them to contact Council Members or staff with their questions. Chair/Werner thanked City staff and the consultants for their presentations. He thanked the audience participants for their comments and questions. He said that all parties involved in this process recognize the importance of their responsibility in making these important decisions on behalf of the City. He believed that the project is a win-win situation with some risks attached. When the City incorporated 8 years ago, there were risks. So far, this City has weathered the storms. Redevelopment is not necessarily the answer to all of the City's problems. In addition to the redevelopment agency process, Mayor Huff, Council Member Ansari and Council Member Werner will travel to Sacramento to support legislation that is being proposed to help resolve the City's shortfall. The Council is also pursuing economic activities. Council and staff will continue to pursue all avenues for improving its business community and economic resources. CLOSE: Chair Werner adjourned the meeting at 12:25. ATTEST: Mayor LYNDA BURGESS, City Clerk 2. MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR MAY 6, 1997 CLOSED SESSION: 5:30 p.m., AQMD Rooms CC -3 & 5 CONFERENCE WITH REAL PROPERTY NEGOTIATOR (G.C. Section 54956.8): PROPERTY: Former Water District property, westerly side of Brea Canyon Road north of Pathfinder Road NEGOTIATING PARTIES LLA UNDER NEGOTIATION: ADJOURNMENT: p.m. City of Diamond Bar and Diamond Crest Estates Material terms of the agreement Mayor Huff adjourned the Closed Session at 6:15 CALL TO ORDER: Mayor Huff called the meeting to order at 6:37 p.m., in the SCAQMD Auditorium, 21865 E. Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: Herrera. INVOCATION: Diamond Bar ROLL CALL: The Pledge of Allegiance was led Mayor Pro Tem Pastor Rick Motz, Evangelical Free Church of Council Members Ansari, Harmony, Werner, Mayor Pro Tem Herrera and Mayor Huff. Also present were: Terrence L. Belanger, City Manager; Frank Usher, Assistant City Manager; Michael Jenkins, City Attorney; James DeStefano, Community Development Director; George Wentz, Public Works Director; Bob Rose, Community Services Director and Lynda Burgess, City Clerk. In regard to the Closed Session held earlier, CA/Jenkins announced that Council gave direction to the City Manager to extend negotiations with Diamond Crest Estates LLA. 3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 3.1 Commendation presented to Mark Tuinel, Dallas Cowboys #71 for giving his time and resources to the D.B. Pop Warner Football and Cheerleading Assn. 3.2 Commendation presented to the D.B. Pop Warner Football and Cheerleading Assn. for their continued activities toward D.B. youth. 3.3 PROCLAMATIONS: 3.3.1 Proclaimed May, 1997 as "Water Awareness Month". 3.3.2 Proclaimed May, 1997 as 'Bicycle Appreciation Month". MAY 6, 1997 PAGE 2 CITY COUNCIL 3.4 BUSINESS OF THE MONTH 3.4.1 Presented City Tile to Tony and Sadie D'Agnenica of D'Antonio's Italian Restaurant. 4. PUBLIC COMMENTS: Assistant Fire Chief Gary Lockhart reminded the public that Fire Service Day occurs May 10, 1997. Fire stations will be open to visitors during that day. Station 119 will host an exposition and activities. He then spoke about the passage of Proposition 218 and the right to vote on taxes. He indicated the Fire Department relies heavily on benefit assessments which will result in a $51 million loss beginning July 1, 1997. Passage of Measure "E" on the June 3, 1997 ballot will restore these lost funds. Dr. Lawrence Rhodes expressed support of Consent Calendar Item 6.8. With respect to Item 6.16, he requested that the City instruct the contractor to attempt to use more uniform colors of paint to cover graffiti. With respect to the item before the Traffic & Transportation Commission on Thursday, May 8, 1997, he indicated that the residents favor installation of red curbing on both sides of Washington St. at Lincoln Ave. Clyde Hennessey asked why Sunset Crossing Rd. street improvements are not on the agenda for discussion. He commended the City for installation of the Sunset Crossing Road cul-de-sac and requested stop signs at the intersection of Sunset Crossing at Prospectors Rd. Debby O'Connor thanked the Community Services Department and staff for their dedication and diligence in presenting the 8th Anniversary Celebration. 8.2 PARKS & RECREATION COMMISSION VACANCY APPOINTMENT (Continued from April 15, 1997) - CMemer nominated Karen Holder, seconded by C/Harmony. The nomination was approved by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Harmony, Werner, MPT/Herrera, M/Huff NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 5. SCHEDULE OF FUTURE EVENTS: 5.1 TRAFFIC & TRANSPORTATION COMMISSION - May 8, 1997 - 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. 5.2 PLANNING COMMISSION - May 13, 1997 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.3 CITY COUNCIL MEETING - May 20, 1997 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Dr. MAY 6, 1997 PAGE 3 CITY COUNCIL 6. CONSENT CALENDAR: C/Ansari moved, C/Werner seconded, to approve the Consent Calendar. Motion carried by the following Roll Call vote with C/Harmony abstaining on Item 6.12: AYES: COUNCIL MEMBERS - Ansari Harmony, Werner, MPT/Herrera, M/Huff NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 6.1 APPROVED MINUTES - Regular Meeting of April 15, 1997 - As submitted. 6.2 RECEIVED AND FILED TRAFFIC AND TRANSPORTATION COMMISSION MINUTES -Regular Meeting of March 13, 1997. 6.3 RECEIVED AND FILED PLANNING COMMISSION MINUTES - Regular Meeting of March 25, 1997. 6.4 RECEIVED AND FILED PARKS & RECREATION COMMISSION MINUTES - Regular Meeting of March 27, 1997. 6.5 APPROVED VOUCHER REGISTER - dated May 6, 1997, in the amount of $723,868.09. 6.6 REVIEWED & APPROVED TREASURER'S REPORT - month of March, 1997. 6.7 ADOPTED RESOLUTION NO. 97-28: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR SLURRY SEAL, AREA SEVEN IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS - CM/Belanger pointed out that these plans and specifications also include Sunset Crossing Rd. 6.8 (A) ADOPTED RESOLUTION NO. 97-29; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS OF BREA CANYON ROAD FROM GOLDEN SPRINGS ROAD TO NORTHERLY CITY LIMITS AT U.P.R.R. AND PATHFINDER ROAD FROM SHADED WOOD ROAD TO DIAMOND BAR BOULEVARD FOR THE STREET REHABILITATION PROJECT, IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. (B) APPROVED A PROFESSIONAL SERVICES AGREEMENT WITH NORRIS-REPKE, INC. FOR CONSTRUCTION ADMINISTRATION/ INSPECTION OF BREA CANYON ROAD AND PATHFINDER ROAD STREET REHABILITATION PROJECT - in an amount not to exceed MAY 6, 1997 PAGE 4 CITY COUNCIL $31,659 and provided a contingency amount of $5,000 for contract amendment(s) to be approved by the City Manager, for a total amount of $36,659. 6.9 ADOPTED RESOLUTION NO. 97-30: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF SIDEWALKS ALONG ASPEN GROVE LANE, IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. 6.10 AWARDED CONSTRUCTION CONTRACT TO VANCE CORP. FOR DIAMOND BAR BOULEVARD RECONSTRUCTION/REHABILITATION BETWEEN GRAND AVENUE AND PALOMINO DRIVE - in an amount not to exceed $932,950 and provided a contingency amount of $100,000 for project change orders to be approved by the City Manager, for a total amount of $1,032,950. 6.11 AWARDED CONTRACT FOR PETERSON PARK ADD RETROFIT TO MJS CONSTRUCTION, INC. - in the amount of $187,486.50, plus a contingency amount of $15,000. 6.12 AWARDED CONTRACT FOR GEOTECHNICAL INVESTIGATION SERVICES FOR CHINOOK PLACE/SAN LEANDRO DRIVE (AND VICINITY STREETS INCLUDING COVERED WAGON DRIVE, BALLENA DRIVE, BREGANTE DRIVE) TO CONVERSE CONSULTANTS WEST - in an amount not to exceed $16,766 and provided a contingency amount of $2,000 for contract amendment(s) to be approved by the City Manager, for a total amount of $18,766. 6.13 AWARDED CONTRACT FOR INSTALLATION OF TRAFFIC SIGNALS ON DIAMOND BAR BOULEVARD AT GOLDRUSH TO NEW WEST SIGNAL AND A CONTRACT FOR CONSTRUCTION INSPECTION SERVICES TO WARREN C. SIECKE - in the amount of $88,690 to New West Signal, and authorized a contingency amount of $9,000 for project change orders to be approved by the City Manager. Further, awarded construction inspection services to Warren C. Siecke in the amount of $5,700. 6.14 AWARDED CONTRACT FOR CONSTRUCTION/RETROFIT OF HANDICAP ACCESS RAMPS TO PERRY MANESS INDUSTRIES, INC. - in an amount not to exceed $22,410 and authorized a contingency amount of $3,000 for project change orders to be approved by the City Manager, for a total authorization of $25,410. 6.15 APPROVED AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH MICHAEL BRANDMAN ASSOCIATES (MBA) REGARDING ENVIRONMENTAL SERVICES FOR VESTING TENTATIVE TRACT MAP MAY 6, 1997 PAGE 5 CITY COUNCIL NO. 50314 (J.C.C. - WINDMILL DEVELOPMENT) - reflecting the expanded scope of services and $4,640 budget increase for VTTM 50314, bringing the total Professional Services Agreement to $48,640. 6.16 APPROVED CONTRACT AMENDMENT FOR ADDITIONAL GRAFFITI REMOVAL WORK BY GRAFFITI CONTROL SYSTEMS, INC. FOR THE 1996-1997 FISCAL YEAR - in the amount of $7,500 for additional graffiti removal work by Graffiti Control Systems, Inc. for FY 1996-1997 and approved a budget adjustment to allocate an additional $2,500 to the Citywide graffiti removal budget. 6.17 EXTENDED MAINTENANCE CONTRACTS: (A) APPROVED EXTENSION OF CONTRACT WITH MARIPOSA HORTICULTURAL ENTERPRISES, INC. FOR MAINTENANCE OF LIGHTING & LANDSCAPE DISTRICT NO. 38 - for 1997-1998 including a 1.8% C.P.I. increase, for a total contract amount of $39,833.93. (B) APPROVED EXTENSION OF CONTRACT WITH ACCURATE LANDSCAPE & MAINTENANCE CORP. FOR MAINTENANCE OF LIGHTING & LANDSCAPE DISTRICT NO. 39 - FY 1997-1998 in an amount not to exceed $74,395.44. (C) APPROVED EXTENSION OF CONTRACT WITH LANDSCAPE WEST, INC. FOR MAINTENANCE OF LIGHTING & LANDSCAPE DISTRICT NO. 41 - FY 1997-1998, in an amount not to exceed $35,400. (D) APPROVED EXTENSION OF WEED/LITTER ABATEMENT CONTRACT WITH LANTERMAN DEVELOPMENT CENTER - for supplemental weed and litter abatement for FY 1997-1998 for a total contract amount of $16,483. (E) APPROVED EXTENSION OF CONTRACT WITH ACCURATE LANDSCAPE & MAINTENANCE CORP. FOR MAINTENANCE OF EIGHT CITY PARKS - FY 1997-1998 in an amount not to exceed $106,810.60. (F) APPROVED EXTENSION OF WEED CONTROUSIDEWALK AND PARKWAY MAINTENANCE CONTRACT WITH LANDSCAPE WEST, INC. - FY 1997-1998 in an amount not to exceed $55,750. (G) APPROVED EXTENSION OF GRAFFITI REMOVAL CONTRACT WITH GRAFFITI CONTROL SYSTEMS - FY 1997-1998 in an amount not to exceed $35,000 ($30 per site/1,160). (H) APPROVED EXTENSION OF CITYWIDE STREET TREE MAINTENANCE CONTRACT WITH WEST COAST ARBORISTS, INC. - in the amount of $45,000 for FY 1997-1998. MAY 6, 1997 PAGE 6 CITY COUNCIL 6.18 APPROVED BUDGET ADJUSTMENT FOR BUILDING & SAFETY CONTRACT SERVICES - increasing expenditures for Building & Safety Services by $40,000 and revenues by $109,000. 6.19 APPROVED CONTRACT AMENDMENT FOR VENDOR SERVICES WITH HIGHPOINT GRAPHICS - authorized extension of services with Highpoint Graphics in the amount of $3,500 to be applied to miscellaneous projects through the remainder of the current fiscal year. 6.20 APPROVED PANTERA PARK CONSULTANT AMENDMENTS - amended the Professional Services Agreement with Heimberger Hirsch in an amount not to exceed $430,450; awarded purchase orders to D & J Engineering in an amount not to exceed $11,092, to Leighton & Associates in an amount not to exceed $8,620, and to Dewan Lundin & Associates in an amount not to exceed $18,960. 6.21 APPROVED CONTRACT AMENDMENT WITH VAN WINKLE & ASSOCIATES FOR VIDEOGRAPHY SERVICES - for $500 to be applied to miscellaneous projects through the remainder of the current fiscal year. 7. PUBLIC HEARINGS: None 8. OLD BUSINESS: 8.1 SECOND READING OF ORDINANCE NO. 01(1997): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING THE RENEWAL OF A CABLE TELEVISION FRANCHISE AGREEMENT BETWEEN THE CITY AND JONES INTERCABLE, INC., AND CONCURRENTLY AUTHORIZING THE ASSIGNMENT OR TRANSFER OF THAT FRANCHISE AGREEMENT BY JONES INTERCABLE, INC. TO CITIZENS CENTURY CABLE TELEVISION VENTURE - Following discussion, MPT/Herrera moved, C/Ansari seconded to approve second reading by title only, waive full reading and adopt Ordinance No. 97-01 authorizing the renewal of a cable television franchise agreement concurrently authorizing the assignment or transfer of that franchise agreement by Jones Intercable, Inc. to Citizens Century Cable Television Venture. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Werner, MPT/Herrera, M/Huff NOES: COUNCIL MEMBERS - Harmony ABSENT: COUNCIL MEMBERS - None 9. NEW BUSINESS: 9.7 DISCUSSION RE: ADOPTION OF AN URGENCY ORDINANCE TO ESTABLISH A MORATORIUM ON THE ISSUANCE OF PERMITS FOR MAY 6, 1997 PAGE 7 CITY COUNCIL TELECOMMUNICATIONS EQUIPMENT (AND ANTENNAS) FOR COMMERCIAL PURPOSES. CNVerner indicated his belief that a moratorium should be invoked until a City Ordinance pertaining to this matter is adopted. Michael Goldenberg commended the citizens for their involvement in this matter. He stated his belief that the City would continue to adequately monitor the potential installation of telecommunications equipment without imposing a moratorium. Don Schad favored imposing a moratorium. Joe Ruzicka urged Council to take whatever action necessary to work toward creation of an ordinance to address telecommunications facilities' installation. Jeff McHaddad, representing Pacific Bell Mobile Services, opposed adoption of a moratorium. Marie Labond urged Council to enact a moratorium. Martha Bruske favored a moratorium and rules and regulations governing future telecommunication installations in the City. Terry Birrell expressed concern about the City's aesthetics. She indicated there may be possible electro -magnetic radiation issues surrounding antenna installations. She supported enactment of a moratorium and development of an ordinance. Clyde Hennessey supported a moratorium. Jim Marquez, representing Cox Communications, stated that a moratorium is inappropriate because these installations do not present a "clear and present danger." He doubted that most citizens are aware of the locations of the City's approximately 20 facilities already in existence. 5� Mary Ewen state supported a moratorium. C/Harmony asked that the following items be included in the consideration of an ordinance: aesthetics, property views, site appearance, identification of alternative public sources, deed and map restriction implications, health and safety standards, standards and guidelines for applications, application process streamlining, maximum number of cell sites. He stated that he would like to see a commission formed to work with staff in creation of the ordinance. MAY 6, 1997 PAGE 9 CITY COUNCIL Jeff McHaddad asked if the City Attorney had pointed out aspects of the Federal Telecommunications Act. He indicated that Pacific Bell Mobile Services and Cox Communications held a public meeting in addition to the Planning Commission's public hearings. Mary Ewen encouraged Council to review and reconsider this matter. Eric Stone said he did not understand the need to review this matter further because it was thoroughly reviewed by the Planning Commission. Edward Lubian indicated that he attended two Planning Commission public hearings on this item. He believed the Commission thoroughly reviewed the matter and that further review is not warranted. Clyde Hennessey favored further review. Jim Marquez, Cox California PCS, stated that his client had been informed by the Federal government that they must activate their telecommunications network this year. Jo Bartley encouraged Council to review the item. C/Ansari thanked the Planning Commission for their diligent review of the project, but because Council is responsible to its constituency, she favored a Council review of the matter. C/Harmony requested a copy of the petition circulated by Eric Stone and received by the City. He also asked for a copy of the citizen's petition. C/Werner announced a letter received by Brij Sharma and stated that as a Council Member, he had an obligation to both the citizens and to the applicant and agreed that Council should review this matter. He asked why the residents are concerned about the CC&R's if, in fact, the property owner was successful in having them amended. He requested that, prior to Council review, the applicant erect a three dimensional template with markers indicating the ultimate height. Further, he wanted to know if the original signors of the petition against the project still object to the improved concept approved by the Planning Commission, or if their concerns had been satisfied. M/Huff stated that his research of this matter reveals no need to review the matter further. With respect to the means used to review, he did not find fault with the public hearing process. There was ample opportunity for community input. Meeting records indicate citizen's questions were answered. Whether or not citizens like the project at time of approval, cities cannot illegally impose conditions upon the applicant. He believed the MAY 6, 1997 PAGE 8 CITY COUNCIL In response to MPT/Herrera, CM/Belanger explained that staffs understood that Council will direct staff to prepare an Urgency Ordinance, the purpose of which would be to establish a moratorium on these types of facilities until such time that permanent guidelines, standards and policies can be formulated through the Development Code process. The Urgency Ordinance would be agendized for discussion and possible adoption. The Ordinance would be effective upon adoption by the Council. Adoption requires a super majority affirmative vote by four of five Council Members. Following discussion, C/Werner moved, C/Ansari seconded, to direct staff to prepare a draft Urgency Ordinance establishing a moratorium on the issuance of permits for telecommunications equipment and antennas for commercial purposes and to prepare a draft Ordinance (not an Urgency Ordinance) for Council's consideration at its regular May 20, 1997 meeting. 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 9.8 CONSIDERATION OF A REQUEST TO REVIEW THE DECISION OF THE PLANNING COMMISSION TO APPROVE A PROPOSED WIRELESS TELECOMMUNICATIONS FACILITY AT 24401 DARRIN DRIVE (CUP 96-10 AND DR 96-9). Don Schad suggested that Council read the information furnished in their packets regarding electromagnetic radiation. Craig Clute supported a review of this matter. He suggested that Council Members visit his home and view the installation "in his neighbor's backyard." Responding to M/Huffs request for a showing of hands, the audience indicated 12 to 7 that they supported a Council review of this matter. Terry Birrell pointed out that a number of audience members voting against the review were non-residents. She indicated the public can obtain information about telecommunications facilities through the City Manager's office. She suggested that Council continue the matter until after standards have been established. Marie LaBond said that because one meeting was cancelled, there were only three Planning Commission Public Hearings, not four. She urged Council to reconsider this matter. MAY 6, 1997 PAGE 10 CITY COUNCIL public's concerns were being met by the Planning Commission action MPT/Herrera believed the Planning Commission worked with the applicant and the neighboring residents to satisfactorily modify the project. A series of public hearings were held and, as a result of the approval, the applicant must comply with 15 conditions. She said she had faith in the Commission's ability to make decisions that are in the best interest of D.B. residents. Further, she expressed faith in staffs ability to recommend the project for approval and felt there was no need to review this matter and that the Planning Commission's Decision should stand. C/Harmony moved, C/Ansari seconded, to call for review of CUP 96-10 and DR 96-9 and set the matter for public hearing on June 3, 1997. In response to C/Werner as to whether the City needs to obtain the applicant's consent to review this matter, CA/Jenkins indicated that that was not necessary. CNl/erner asked if the Council may request that specific information from the applicant and neighboring residents. CA/Jenkins stated that this is a de novo hearing. The applicant and any public member may submit any materials they wish. The Council cannot require submission. However, lack of submission may be considered during review of the application. C/Werner asked what costs the City has incurred for this matter. CA/Jenkins indicated the only fee paid is the application fee. Since there is no appeal in this case, there is no appeal fee to be paid and that any additional costs for review would be borne by the City. In response to C/Werner, CM/Belanger responded that approximately $3,000 in costs had already been incurred for the review process. C/Werner asked for the motion to be amended to include his previous request for three items: Petition updates, a three dimensional template erection at the site and information regarding the amended CC&R's. C/Harmony and C/Ansari agreed to amend the motion. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Harmony, Werner NOES: COUNCIL MEMBERS - MPT/Herrera, M/Huff ABSENT: COUNCIL MEMBERS - None MAY 6, 1997 PAGE 11 CITY COUNCIL 9.6 CONSIDERATION OF SUPPORT OF AB 363 (BACA) REGARDING GROUP HOMES - Terry Calcaneou said she accidentally found out that a group home is located across the street from her residence. She would like for the citizens to petition the State to have all group homes removed from D.B. Martha Bruske stated that the City should support the measure and stop group homes in D.B. Craig Clute believed the City needs to deal with the group homes issue on a local level in the Development Code. He supported the bill and encouraged others to also support it. Ms. Calcaneou felt that property values would decrease as a result of the presence of group homes. Clyde Hennessey said he would like to see a couple of group homes in "The Country Estates." C/Ansari moved, C/Werner seconded to support AB 363. Without objections, the motion was so ordered. AYES: COUNCIL MEMBERS - Ansari, Harmony, Werner, MPT/Herrera, M/Huff NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None OLD BUSINESS (Continued): 8.3 1997-1998 CITY COUNCIL GOALS AND OBJECTIVES - 1996-1997 RE - RANKED CITY COUNCIL GOALS AND OBJECTIVES - MPT/Herrera moved, CNNerner seconded to approve the 1997-1998 City Council Goals and Objectives and the 1996-1997 re -ranked City Council Goals and Objectives. Motion carried by the following Roll Call vote: AYES: COUNCILMEMBERS - Ansari, Harmony, Werner, MPT/Herrera, M/Huff NOES: COUNCILMEMBERS - Werner ABSENT: COUNCIL MEMBERS - None NEW BUSINESS (Continued): 9.1 ADOPTED RESOLUTION NO. 97-31: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING ADVANCE AND REIMBURSEMENT AGREEMENT NUMBER 3 WITH THE DIAMOND BAR REDEVELOPMENT AGENCY. MAY 6, 1997 PAGE 12 CITY COUNCIL 9.2 MPT/Herrera moved, C/Werner seconded to adopt Resolution No. 97-31. Motion carried by the following Roll Call vote: AYES: COUNCILMEMBERS -Ansari, Werner, MPT/Herrera, M/Huff NOES: COUNCILMEMBERS - Harmony ABSENT: COUNCILMEMBERS - None A) ADOPTED RESOLUTION NO. 97-32: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING THE NUMBER OF RESIDENTS OF THE CITY FOR THE PURPOSE OF DETERMINING THE VOLUNTARY EXPENDITURE CEILING FOR CITY ELECTIONS - C/Harmony moved, M/Huff seconded, to adopt Resolution No. 97-32. Motion carried by the following Roll Call vote: AYES: COUNCILMEMBERS - Ansari, Harmony, MPT/Herrera, M/Huff NOES: COUNCILMEMBERS - Werner ABSENT: COUNCILMEMBERS - None B) URGENCY ORDINANCE NO. 2(1997): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ENACTING VOLUNTARY EXPENDITURE CEILINGS FOR CITY ELECTIONS AND DECLARING THE URGENCY THEREOF - Debby O'Connor asked if candidates could use unlimited personal funds to reach the population comparison ceiling. CA/Jenkins responded that candidates may use unlimited personal funds to reach the ceiling amount. Mrs. O'Connor favored adoption of the Urgency Ordinance. Jack Gutowski asked if this item includes special interest groups' contributions. CA/Jenkins responded that this Ordinance does not address expenditures by independent bodies. Mr. Gutowski did not support an expenditure ceiling. Clyde Hennessey indicated that he was in favor of expenditure ceilings. Following discussion, C/Ansari moved to adopt Ordinance No. 2(1997) with a ceiling of $10,000. C/Harmony seconded the motion and requested the motion be amended to a ceiling of $12,000. MAY 6, 1997 PAGE 13 CITY COUNCIL C/Ansari agreed to amend her motion. Motion failed by the following Roll Call vote: AYES: COUNCILMEMBERS - Ansari, Harmony NOES: COUNCILMEMBERS - Werner, MPT/Herrera, M/Huff ABSENT: COUNCILMEMBERS - None C/Harmony moved, C/Ansari seconded to approve first reading of Ordinance No. 2(1997) setting campaign expenditures limit at $15,000. Motion failed by the following Roll Call vote: AYES: COUNCILMEMBERS - Ansari, Harmony NOES: COUNCILMEMBERS - Werner, MPT/Herrera, M/Huff ABSENT: COUNCILMEMBERS - None C/Werner moved to direct staff to prepare options for a ballot measure for the November, 1997 election for future Agenda discussion by Council. Motion failed for lack of a second. M/Huff moved, MPT/Herrera seconded to continue the matter to May 20, 1997. Motion carried unanimously. 9.3 APPROVED RETENTION OF JOE A. GONSALVES AND ANTHONY D. GONSALVES FOR LEGISLATIVE ADVOCACY SERVICES - in the amount of $3,000 per month. Further, approved allocation of $6,000 to the City Council, Professional Services account, in the Fiscal Year 1996-1997 Municipal Budget. Clyde Hennessey suggested the Council negotiate the advocacy services fee. C/Werner moved to direct staff to negotiate a fee with Gonsalves and Gonsalves up to a maximum of $2,500 per month. Motion died for lack of a second. MPT/Herrera moved, M/Huff seconded to direct staff to negotiate with Gonsalves and Gonsalves for the best possible price. C/Ansari asked the maker of the motion to include a 30 -day advance termination of services clause. MPT/Herrera amended her motion. M/Huff seconded the amended motion. Motion carried by the following Roll Call vote: AYES: COUNCILMEMBERS - Ansari, Harmony, Werner, MPT/ Herrera, M/Huff NOES: COUNCILMEMBERS - None ABSENT: COUNCILMEMBERS - None MAY 6, 1997 PAGE 14 CITY COUNCIL 9.4 ADOPTED RESOLUTION NO. 97-33: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ENDORSING AND SUPPORTING AB 1226 (GRAN LUND/Ml LLER) - proposed legislation to allow newly incorporated cities to retain their incorporation population through their 1st 10 full fiscal years. C/Ansari moved, C/Werner seconded to adopt Resolution No. 97-32. Motion carried unanimously by the following Roll Call vote: AYES: COUNCILMEMBERS - Ansari, Harmony, Werner, MPT/ Herrera, M/Huff NOES: COUNCILMEMBERS - None ABSENT: COUNCILMEMBERS - None 9.5 ADOPTED RESOLUTION NO. 97-34: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR IN SUPPORT OF LOS ANGELES COUNTY BALLOT MEASURE "E" - C/Ansari moved, MPT/Herrera seconded to adopt Resolution No. 97-34 and make information regarding Measure E available to the public. Motion carried by the following Roll Call vote: AYES: COUNCILMEMBERS - Ansari, Harmony, MPT/Herrera, M/Huff NOES: COUNCILMEMBERS - Werner ABSENT: COUNCILMEMBERS - None RECESSED TO DIAMOND BAR REDEVELOPMENT AGENCY MEETING: 11:25 p.m. RECONVENE: M/Huff reconvened the City Council Meeting at 11:35 p.m. 10. COUNCIL SUB -COMMITTEE REPORTS: None 11. COUNCIL COMMENTS: None 12. ANNOUNCEMENTS: None 13. ADJOURNMENT: There being no further business to conduct, M/Huff adjourned the meeting at 11:35 p.m. ATTEST: Mayor LYNDA BURGESS, City Clerk CITY OF DIAMOND BAR I gMROFFICE MEMORANDUM TO: Mayor Pro Tem Herrera and Councilmember Ansari FROM: Linda G. Magnuson counting Manager SUBJECT: Voucher Register, May 20, 1997 DATE: May 15, 1997 Attached is the Voucher Register dated May 20, 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 May 20, 1997 have been reviewed, approved, and recommended for payment. Payments are hereby allowed from the following funds in these amounts: FUND NO. FUND DESCRIPTION AMOUNT 001 General Fund $203,622.26 010 Library Services Fund 56.02 112 Prop A Fund -Transit 27,957.05 115 Integrated Waste Mgt Fund 196.88 118 Air Quality Improvement Fund 13,317.12 125 CDBG Fund 600.00 138 LLAD #38 Fund 4,606.21 139 LLAD #39 Fund 297.54 141 LLAD #41 Fund 5,949.21 250 C.I.P. Fd 5,926.30 TOTAL ALL FUNDS $262,528.59 APPROVED BY: Linda G. M g uson Accounting Manager Terrence L. BelAnger City Manager Carol A. Herrera Mayor Pro Tem Eileen R. Ansari Councilmember a** City of Dianond Bar *** RUN TIME: 16:46 05/15/97 V O U C H E R R E G I S T E R PAGE 1 DUE THRU.............05/20/77 VENDOR NAME VENDOR ID. # PREPAID * ACCOUNT PROJ.TX-NO BATCH PO.LINE/NO. ENTRY/DUE INVOICE DESCRIPTION AMOUNT DATE CHECK ------------------------------------------------------------------------------------------------------------------------------------ A-1 Rentals A-iRental +001-4095-2130 2 70520C 01/5739 AT & T AT&T *001-4090-2125 9 70520A Adobe Systems AdobeSys *001-4090-6235 2 70520A 01/5593 Alamo Car Wash Alamo *001-4090-2200 8 70520C All City Management All City *001-4411-5531 4 70520A 01/4878 *001-4411-5531 6 70520A 01/4878 Alvarado, Marlene 2331 *001-3478 18 70520D AmeriComp AmeriComp *001-4090-2205 2 70520A 01/5535 *001-4090-1200. 4 705'W 02/5179 BIT Computer, Inc. BITComptite *118-4098-6230 2 70520A 01/5680 BearCom BearCom *001-4350-1200 9 70520A 01/5682 05/14 05/20 Equip-OdetoOBarDedictn 224.05 05/20/97 0000034402 TOTAL PREPAID AMOUNT ----) 224.05 TOTAL DUE VENDOR --------) 0.00 05/14 05/20 Long Distance Phne Svcs 15.98 TOTAL DUE VENDOR --------) 15.98 05/14 05120 6372358 Photo5hp4.OWndws-Sftwre 218.82 TOTAL DUE VENDOR --------) 218.82 05/14 05/20 Detail5vcs-FrdTaurus 59.95 05/20/97 0000034409 TOTAL PREPAID AMOUNT ----) 59.95 TOTAL DUE VENDOR --------) 0.00 05/14 05(20 2163 CrssgGrd5vcs-3/30-4/12 2,856.00 05/14 05/20 2211 CrssgGrdSvcs-4/13-26 2,627.52 TOTAL DUE VENDOR --------) 5,483.52 05/14 05/20 21483 Recreation Refund 30.00 TOTAL DUE VENDOR --------) 30.00 05/14 05/20 14258 Cleaning5vcs-LaserPrintrs 552.00 05/14 05/20 15316 Supplies -Toner Cartridges 132.'x9 TOTAL DUE VENDOR - ------- ) 684.99 05/14 05/20 9399 LapTopComputr5ystem 12,795.15 TOTAL DUE VENDOR --------) 12,795.15 05/14 05/20 813912 MotorolaHandradios(4) 947.10 TOTAL DUE VENDOR --------) 947.10 } City of Diamond Bar RUN TIME: 11:46 05/15/97 V O U C H F- R F 9 I 5 T c F; AOE DUE THRU.............05/2'/97 VENDOR NAME VENDOR ID. # PREPAID ACCOUNT PROJ.TX-NO BATCH PO.LINE/NO. ENTRY/DUE INVOICE DESCRIPTION AMOUNT DATE CHECK ------------------------------------------------------------------------------------------------------------------------------------ Best Lighting Products BestLtg *001-434—Z-221 10 1 7052OA 05/14 05/20 E7733 Lgh:Repair-RReagnPrk 45.00 *001-4.313-2210 2 70520A 01/55:35A 05/14 05/20 L/147 Maint-ScrtyLgts-HrtgPrk 455 65 Blue Fountain Pools B1ueFount ¢001-3411 1 70520A #001-3412 1 70520A *001-3413 1 70520A Brand, Gwendolyn BrandG *001-4095-2112 8 70520A 01/5327 Brea, City of BreaCity +001-4350-1200 11 70520A 01/4759 *001-4;150-5300 4 70520A 01/4188 Burgess, Lynda BurgessLyn *001-4040-2,330 1 70520A *001-4090-1200 5 70520A CLOUT CLOUT +001-4010-2325 6 70520A Cal State Fullerton CalStateFu *001-4040-7330 3 705208 01/5658 Calibur Construction Calibur +OO1-4090-2210 4 70520A 01/5758 Cambo's Welding CambosWeld *001-4090-4000 6 70520A 01/5746 TOTAL DUE VENDOR --------) 500.65 05114 OS/20 Refnd-B1dgPermit 129.40 05/14 05/20 Refnd-Plumbing Permit 13.04 05/14 05/20 Refnd-Electrcl Permit 5.60 TOTAL 'DUE VENDOR --------) 151.04 05/14 05/20 97-206 PhotogrphySvcs-SumrNwsltr 180.16 TOTAL DUE VENDOR --------) 180.16 05/14 05/20 58913 Supplies-Rec Prgrm 2,110.52 05/14 05/20 58928 April -Contract Svcs 31,749.58 TOTAL DUE VENDOR --------) 34,460.10 05/14 05/20 ReimbCtyClkConf4/24-26 39.52 05/14 05/20 Reimb-IndexDividers-CCncl 50.00 TOTAL DUE VENDOR --------) 89.52 05/14 05/20 Gen Mtq-5/22-Ansari 12.00 TOTAL OLE VENDOR --------) 12.00 05/14 05/20 57079 RcrdMgmt-6/10-11-CClk 395.00 TOTAL DUE VENDOR --------) 395.00 05/14 05/20 9075-18 Repairs-CityCnclOffice 587.00 TOTAL DUE VENDOR --------) 587.00 05/14 05/20 WeldgSvcs-OBCougar-Smtrdg 260.00 TOTAL DUE VENDOR --------> 260.00 **? C 1 t y o+ D i amond Bar *4a RUN TIME: 16:46 05/1`-,1"7O J'�iST_ O C H E R c- R 7rllj- { DUE THRU.............xj5/20/97 VENDOR NAME VENDOR ID. 'r REPAID ACCOUNT PRW.TX-NO BATCH PO.LINE/NO. ---------------------------------------------------------------------------------------------------------------- ENTRY/DUE INVOICE DESCRIPTION AMOUNT DATE CHECK Carripatel l i s Campatel l i *001-4090-2315 11 70520C 01/5742 05/14 05/20 Refrshmnts-ODEtoDBar 179.00 05/20/97 0 XX)UJ43w? - TOTAL PREPAID AMOUNT ----) 179.00 TOTAL DUE VENDOR--------) 0.00 Carol Dennis CarolDenni *001-4553-4000 2 70520B 04/4671 05/114 05/20 TT9704 Mnts-TrfaTrnsMtg-4/10 450.00 TOTAL DUE VENDOR--------) 450.00 Carrigan Enterprises Carrioan *001-4090-2130 7 70520A 01%5735 05/14 05/20 8978 SpkrSys-Odetol)BarPresentn 81.19 TOTAL DUE VENDOR--------) 81.19 Charlies Sandwich Shop Charlies *001-4210-2325 3 70520A 10/4590 05/14 05/20 10062 Supplies-Mtg 5/20-Dv1Cde 24.35 TOTAL DUE VENDOR--------1 24.35 Choice Advertising ChoiceAdve *115-4515-2352 6 70520A 01/5557 05/14 05/20 2235 Promo-UsedOilMagnets 196.88 TOTAL DUE VENDOR--------) 196.38 Cintas Corp. #640 Cintas *001-4310-2130 18 70520A 01/4630 05/14 05/20 640563007 Unifrms-PrkStaff-w/of4/28 17.85 *001-4310-2130 20 70520A 01/4630 05/14 05/20 640565267 Unifrms-PrkStaff-w/of5/5 17.85 TOTAL DUE VENDOR--------} 35.70 Clearwater Bagel Co. Clearwater *001-4090-2325 I8 7052OF 05/15 05/20 Town Hall Mtg-5/3 15.74 05/20/97 0000034400 TOTAL PREPAID AMOUNT ----> 15.74 TOTAL DUE VENDOR--------> 0.00 Coco's Coco's *001-4010-2325 8 705200 05/14 05/20 Mtg Supplies-5/6 52.20 05/20/97 0000034404 TOTAL PREPAID AMOUNT ----) 52.20 TOTAL DUE VENDOR --------) 0.00 Coffee Smith CoffeeSmit *001-4090-2325 9 70520A 01/4555 05/14 05/20 3909 Meeting Supplies "x1.80 *001-4090-2130 9 70520A 02/4555 05/14 05/20 4429 Equip Rent -May 19.00 TOTAL DUE VENDOR--------> 100.80 ><<U ,t;, of Diamond Sar x** RUNTIME: 16.4605115/97 VOUCHER RE3 I STEkF'tiC:_ c 4 IDUE THRU .............(i.t20/97 VENDOR NAME VENDOR ID. * * PREPAID * # ACCOUNT PROJ.TB-NO BATCH PO.LINE/40. --------------------------------------------------------------------------------------------------------------------------------- ENTRY/DUE INVOICE DESCRIPTION AI�OLAVT RATE CHECK Community Disposal Co. ComDisposl *001-4510-5501 4 70520A 0114958 05/14 05/:'.0 StreetSweepSvcs-3/31-4/27 7,949.88 TOTAL DUE VENDOR --------> 7,949.88 Community Industries Commindust *001-4558-5521 2 70520A 02/4620 05/14 05/20 LitterAbateSvcs-April 97 839.44 TOTAL DUE VENDOR --------) 839.44 Corporate Express CorpExpres *001-4030-1200 4 70520A 05/14 05/20 11881275 Supplies-Wristrest 15.00 TOTAL DUE VENDOR --------> 15.00 Curl, Robert 2319 *001-3478 25 705200 05/14 05/20 21106 Recreation Refund 25.00 TOTAL DUE VENDOR --------) 25.00 D&J Engineering D&JEngine *001-4090-4000 8 70520E 01/5703 05/14 05/20 P1nRvw-CougarStatue 904.85 TOTAL. DUE VENDOR --------) 904.85 D' Agnenica, Sadie DAgnenciaS *001-4090-1200 8 705208 05/14 05/20 Reimb-SupplsCougarDedictn 21.64 TOTAL DUE VENDOR --------) 21.64 D'Antonio's Ristorante D'Atonios *001-4095-1200 4 705208 05/14 05/20 GiftCertficat-Rotary6/22 25.00 TOTAL DUE VENDOR --------) 25.00 D. B. Improvement Assoc. DBIA *001-4095-2353 19 705206 01/5727 05/14 05/20 1001 StaffRefrshmnts-AnnvCeleb 72.00 TOTAL DUE VENIN --------) 72.00 Daisy Wheel DaisyWheel *001-4090-1200 7 70520E 01/5747 05/14 05/20 195989 Printer Ribbons-TI8920 109.40 TOTAL DUE VENDOR --------) 109.40 Davey, Dierdra 2:=13 *001-3478 24 70520D 05/14 05/20 20544 Recreation Refund 30.00 TOTAL DUE VENDOR --------> 30.00 City of Diamond Bar RUN TIME: 16:46 05115,"?7 V 0 U C H E R R E G I S T E R SAGE 5 DUE THRU.............05/20,97 VENDOR NAME 'VENDOR ID. # PREPAID ACCOUNT PROJ.TX-NO BATCH PO.LINE/N0. ENTRY/DUE INVOICE DESCRIPTION AMOUNT DATE CHECK ------------------------------------------------------------------------------------------------------- Day & Night Copy Center Day&Night *001-4210-2110 4 70520B 01/46.59 Defina, Mario DefinaM *001-2300-1002 3 705208 Dept of Transportation DeptTrans {001-4510-5507 4 70520B 01/4575 Dewan Lundin & Assoc. Dewan *250-4510-6411 12097 6 70520B 02/5577 *250-4510-6411 12197 4 70520B 01/5577 Diamond Bar AYSO DBarAYSO *001-4095-2115 1 70520C Diamond Bar International DBIntDeli *001-4510-2325 1 70520D 15/4589 Diamond Bar Redevelopment DBarRDA *001-1315 4 7052OF Diamond Bar Senior Club DBarSenior *001-3710 2 705208 Dianne J. Hook L.0 HookDianne *001-4350-1200 13 705208 01/5714 05/14 05/20 Photocopy Services-IMRF 58.80 TOTAL DUE VENDOR --------) 58,80 05/14 05/20 35839 Refnd-Prk0eposit-Mp1Hill 50.00 TOTAL DUE VENDOR --------) 50,00 05/14 05/20 142063 Signal/Light Maint-March 1,550.20 TOTAL DUE VENDOR --------> 1,550.20 05/14 05/20 DB010-1 SeepgeDsgnSvc-Meadwgln 2,700.00 05/14 05/20 DB0101 SeepgeDesgnSvc-Ambshrs 2,700.00 TOTAL DUE VENDOR --------) 5,400.00 05/14 05/20 Spnsrship-97CottntailTour 100,00 05/20/97 0000034407 TOTAL PREPAID AMOUNT ----) 100.00 TOTAL DUE VENDOR --------) 0.00 05/14 05/20 6069 Mtg 5/5-DBB1dDesgnSvcs 20.37 TOTAL DUE VENDOR --------) 20.37 05/15 05/20 Advance 5/20 Expenditures 19,275.86 TOTAL DUE VENDOR --------) 19,275.86 05/14 05/20 Refnd-SpaceFees-AnnvCeleb 100.00 TOTAL DUE VENDOR --------) 100.00 05/14 05/20 C1ipArtSuppls-TnyTots 160.59 TOTAL DUE VENDOR --------) 160.59 * * * C 1 t y of Diamond Bar * * * SUN TIME: 16:46 05/15/97 V O U C H E R R E G I S T E R -AGE 6 DUE THRU.............05/20/97 VENDOR NAME VENDOR ID. PREPAID # ACCOUNT PROJ.TX-NO BATCH PO.LINE/NO. ENTRY/DUE IW"ICE DESCRIPTION AMOUNT DATE CHECK: ------------------------------------------------------------------------------------------------------------------------------------ Diversified Paratransit DiversPara *112-4553-5529 2 705208 01/4576 Elfelt, Carolyn ElfeitC *001-2300-1002 9 70520E Engineering -Environmental EngEnvGeol *001-2300-1012 13 70520B *001-2300-1012 12 70520B Express Pipe & Supply ExpressPip *001-4510-1300 3 705208 F&A Federal Credit Union F&ACreditU *001-2110-1012 2 70520C F&A Federal Credit Union F&ACreditU *001-2110-1012 3 70520C Finnerty, Annette Fin nertyA *001-4350-4100 2 70520D Firestone Stores Firestone *001-4090-2200 6 705208 01/56(5 *001-4090-2200 7 705208 GTE California GTE *001-4040-2125 1 705208 05/14 05/20 DialACabSvcs-:3/1-4/15 26,945.05 TOTAL DUE VENDOR --------> 26.945.05 05/14 05/20 0,6169 Refnd-PrkDepst-Hrtge 200.00 TOTAL DUE VENDOR --------) 200.00 05/14 05/20 704251x2`54 GeoTechRvw-EN96-145 322.50 05/14 05/20 70425la284 GeoTechRvw-EN96-166 472.50 TOTAL DUE VENDOR --------> 795.00 05/14 05/20 Used Metal Shelvg-PubWks 100.00 TOTAL DUE VENDOR --------) 100.00 05/14 05/20 PP09-PayrollTransfer 3,114.75 05/20/97 000001::43'11 TOTAL PREPAID AMOUNT ----> :,114.75 TOTAL DUE VENDOR --------) 0.00 '05/14 05/20 PP10-Cr Union Deductions 3,114.75 05/20/97 OO M34402 TOTAL PREPAID AMOUNT ----) 3,114.75 TOTAL DUE VENDOR --------) 0.00 05/14 05/20 P&R Comm Mtg-4/24 40.00 TOTAL DUE VENDOR --------) 40.00 05/14 05/20 62759001 Battery -Olds 74.15 05/14 05/20 62759266 FanBelt-Olds 77.19 TOTAL DUE VENDOR --------) 151.34 05/14 05/20 PhoneSvcs-CClk-Modum 27.23 TOTAL DUE VENDOR --------) 27.23 ### C 1 t Y o f D 1 a m o n J t a r ### RUN TIME: 1x:46 05/15;'47 J 9 U C H G 1 5 T E R r GE 7 DUE THRU.............05/20/'x7 VENDOR NAME VENDOR 11). # # PREPAID # # ACCOUNT PROJ.TX-NO ------------------------------------------------------------------------------------------------------------------------------------ BATCH PO.LINE/NO. ENTRY/DUE INVOICE DESCRIPTION AMOUNT DATE CHECK GTE California GTE #001-4096-2125 2 70520B 05/14 05/20 PhoneSvcs-City Hotline 39.79 TOTAL DUE VENDOR --------) 39.79 GTE California GTE *010-4355-2125 2 70520D 05/14 05/20 PhneSvcs-LibraryPro,ject 56.02 TOTAL DUE VENDOR --------) 56.02 GTE California GTE *118-4095-2125 2 70520C 05/14 05/20 BBS-Modur Lines 521.97 TOTAL DUE VENDOR --------) 521.97 GTE California GTE *001-4319-2125 1 70520E 05/15 05/20 Phone Svcs -Peterson Prk 42.04 TOTAL DUE VENDOR --------) 42.04 GTE California GTE *001-4314-2125 3 7052OF 05/15 05/20 Phone Svcs -Heritage Prk 32.89 TOTAL DUE VENDOR --------) ;32.89 Gale Gale *001-4350-1200 26 70520E 01/5568 05/15 05/20 7062700 HumanSvcs-FundraisgPublcn 74.45 TOTAL DUE VENDOR --------) 74.45 Gasser -Olds Company Inc. GasserOlds *001-4095-2113 4 705208 01/5657 05/14 05/20 Plaques-OdetoDBarDedctn 378.23 TOTAL DUE VENDOR --------) 378.23 Girl Scout Troop 295 GirlScout *001-4095-2353 20 705208 05/14 05/20 Reimb-StaffLunchs-AnnvUl 45.00 TOTAL DUE VENDOR --------) 45.00 Goger, Marion GogerM *001-3472 1 705208 05/14 05/20 Refnd-Excursn-RmnaPagent 77.00 TOTAL DUE VENDOR --------) 77.00 Goldenberg, Michael Goldenberg *001-2300-1002 10 70520B 05/14 05/20 Refnd-ScrtyDepst-RonReagn 50.00 TOTAL DUE VENDOR --------) 50.00 * ty o I!amond Har `'UN TIME: 16:46 :15/15/97 d r.:_! = 3' E I S T E R AGE 4 DUE THRU.............05/20/97 VENDOR NAME VENDOR ID• * PREPAID � ACCOUNT PRGJ.TX-NO BATCH PO.LINE/NO. ENTRt /DUE IN'OICE DESCRIPTIDN AMOUNT DATE CHECK: --------------------------------------------------------------------------------------------------- Gorsline, Chris HaraksinA GorslineC *001-4090-2325 13 70520C 01/5752 *001-2300-100'2 11 70520E 05/14 05/20 :34687 Refnd-DepstFrkRntl-RnRgn 50.00 Suppls-TwnHallMtg5/3 2.3.86 05/20/97 0000034403 TOTAL DUE VENDOR --------> 50.00 gall & Foreman HallWorem TOTAL DUE VENDOR --------) 0.00 Henry. Vernon 2323 *001-4510-5227 6 70520B 01/4550 05/14 05/20 :3:3882 EngrinspectnSvcs-BntlyWay 135.66 *001-4551-5223 10 70520B 01/5313 05/14 05/20 33894 GrdgPlnChkG97-332 180.00 *001-4510-5227 8 705208 01/5596 05/14 05/20 33898 Engr-Inspectn5vcs 90.00 TOTAL DUE VENDOR --------) 405.66 Haraksin, Anne HaraksinA *001-4090-2325 13 70520C 01/5752 05/14 05/20 Suppls-TwnHallMtg5/3 54.61 05/20/97 0000034403 *001-4095-1200 5 70520C 05/14 05/20 Suppls-TwnHallMtg5/3 2.3.86 05/20/97 0000034403 TOTAL PREPAID AMOUNT ----) 78.47 TOTAL DUE VENDOR --------) 0.00 Henry. Vernon 2323 *001-3478 22 70520D 05/14 05/20 21039 Recreation Refund 30.00 TOTAL DUE VENDOR --------) 30.00 Image Awareness ImageAware *001-4095-2352 8 705208 01/5488 05/14 05/20 71656 City Pins 833.53 TOTAL DUE VENDOR --------) 8:33.53 Imburgia, Patrick 2322 *001-3478 23 70520D 05/14 05/20 2322 Recreation Refund 35.00 TOTAL DUE VENDOR --------) 35.00 Inland Empire InlandEmp *001-4350-5310 3 70520B 01/5498 05/14 05/20 042697 Excurs-Blln&WineFest4/26 418.50 *112-4360-5310 2 70520B 02/5498 05/14 05/20 042697 Trnsp-BallnFestvl4/26 550.00 *001-4350-5310 7 70520B 05/15 05/20 40997 NevadaLndgExc-4/9-10 315.00 *112-4360-5310 6 70520B 05/15 05/20 40997 Trnsp-NvdaLndgExcur 462.00 TOTAL DUE VENDOR --------) 1,745.50 Inland Empire Stage InEmpStage *001-4350-5310 5 70520B 01/5501 05/14 05/20 40997 NevadaLndgExc-4/9-10 315.00 *001-4350-5310 6 705208 05/15 05/20 40997 NevadaLndgExc-4/9-10 315.00 - *112 -4360-5310 4 70520B 03/5501 05/14 05/20 40997 Trnsp-NvdaLndgExcur 462.00 *112-4360-5310 5 70524B 05/15 05/20 40997 Trnsp-NvdaUdgExcur 462.00- TOTAL DUE VENDOR --------) 0.00 * * * City of D1a7,or,o Bar * * * TIME: 16:4605!15/97 VOUCHER REGISTER PAGE 9 DUE THRU.............05/2C;97 VENDOR NAME VENDOR ID. * * PREPAID * * ACCOUNT PRGJ.T%-NO BATCH PO.LINE/N0. ENTRY/DUE INVOICE DESCRIPTION AMOUNT DATE CHECK ------------------------------------------------------------------------------------------------------------------------------------ Inland Valley Dly Bulletn IVDB *250-4215-6420 06797 4 70520B 01/5708 Jack's Lock & Key Jack'sLock *001-4030-2200 2 70520B 01/5744 Judicial Data Systems JudDataSys *001-4411-5405 3 70520C 01/5504 *001-4411-5405 4 705200 01/5504 Knight, Leanne KnightL *001-.M13 -1002 13 705'208 *001-2300-1002 12 705208 L.A. County -Sheriff's Dep LACSheriff *001-4411-5404 2 70520B L.A.County Public Works LACFubWk *001-4510-5506 6 70520C 01/5686 *001-4510-5507 6 70520C 01/5687 *001-4510-5507 8 70520C 01/4573 *001-4510-5221 2 70520C 01/5445 *250-4510-6412 12797 10 70520C 01/5444 *001-4510-5530 . 2 70520C 01/4574 *001-4558-5510 2 705208 01/4553 - LA Cty Registrar Recorder LACRecardr *001-2300-1012 14 70520B 05/14 05/20 11500393 Ad-HndicapkcsRaps TOTAL DUE VENDOR -------- 05/14 05/20 23949 Rekey-DeskLocks-CMgrOffce TOTAL DUE VENDOR -------- 05/14 05/20 PrkgCtesProcessg-April 05/14 05/20 Review Processing -April TOTAL DUE VENDOR -------- 05/14 05/20 34424 05/14 05/20 36157 05/14 05/20 84131 Refnd-PrkDepst-Sumatrdge Refnd-PrkDepst-Suamtrdge TOTAL DUE VENDOR -------- TrfcCntrl-CalvChpl-March TOTAL DUE VENDOR -------- 05/14 05/20 1105 Signing/Mrkg-May/June94 05/14 05/20 4470 TraffcSignlMaint-Aug 05/14 05/20 480 Traffic Signl Maint-March 05/14 05/20 5361 LftTrnSignl-DB/Pthf 05/14 05/20 5362 CIP-TrffcCntrlSvcs 05/14 05/20 5363 IndWasteSvcs-March 05/14 05/20 9700005617 SewerPumpMaint-March TOTAL DUE VENDOR -------- 05/14 05/20 RecordatnFee-EN 94-061 TOTAL DUE VENDOR -------- 61.43 61.43 67.70 67.70 401.08 30.00 431.08 50.00 50.00 100.00 6,033.51 6,033.51 274.85 2,174.35 4,425.08 1,521.72 148.79 574.07 993.97 10,112.83 25.00 25. W League of Ca. Cities League *001-4010-2325 7 70520C 05/14 05/20 Gen Mtg-5/1-Huff 2'3.00 05/20/97 0000034397 TOTAL PREPAID AMOUNT ----! 23.00 TOTAL DUE VENDOR --------! 0.00 6** Cita :f Diamond Bar * * * RUN TIME: 16:46 05/15/97 V D U G H E R R E G I S T E R F'A=E 10 DUE THRU.............G5/'20/97 VENDOR NAME VENDOR ID. PREPAID # ACCOUNT PROJ.TX-NO BATCH PO.LINE;NO. ENTRY/SUE INVOICE DESCRIPTION AMOUNT DATE CHECK ------------------------------------------------------------------------------------------------------------------------------------ Lee, Raynond LeeR *001-3411 2 705208 05/14 05/20 Lewis Engraving Inc. LewisEngra *001-4095-2113 6 70520B 01/5230 05/14 05/20 24851 Local Government LocGovCom *001-4030-2315 1 70520B 05/14 05/20 M&H Realty Partners II LP M&HPropert *001-4091-2140 2 70520C 01/5544A 05/14 05/20 *001-4091-2210 2 70520C 02/5544A 05/14 05/20 Maintei *001-4314-1200 *001-4314-1200 *001-4314-1200 Manaktala, Meena *001-3478 Maintex 10 70520D 01/4638 8 70520D 01/4638 12 70520D 01/4638 2321 27 705200 Mariposa Horticultural Mariposa *138-4538-5500 4 70520C 01/4617 *138-4538-2210 4 70520C 01/4616 Marquis *001-4411-5401 Marquis 3 70520C 05/14 05/20 259539 05/14 05/20 259887 05/14 05/20 259808 05/14 05/20 21366 05/14 05/20 10790 05/14 05/20 10791 05/14 05/20 Maybees Maybees *001-4090-2325 17 7052OF 05/15 05/20 Refnd-B1dgPermtFees 1,491.16 TOTAL DUE VENDOR --------} 1,491.16 Engravg-Tiles-D`AntoniG's 17.32 TOTAL DUE VENDOR --------} 17.32 MembershpRnwl-FY97/98 50.00 TOTAL DUE VENDOR --------} 50.00 Com -Svc Ctr-Rent-May97 1,94.50 Cam Svc Ctr-CAM-May 341.79 TOTAL DUE VENDOR --------> 2,136.29 Cleaning Suppls-HrtgPrk 2736.16 Cleaning Suppls-HrtgPrk 74.04 Cleaning Suppls-CrMeno 151.04 - TOTAL DUE VENDOR --------} 159.16 Recreation Refund 15.00 TOTAL DUE VENDOR --------} 15.00 Maint-Dist#38-May 3,260.00 Maint-Bldg & Grounds -May 526.59 TOTAL DUE VENDOR --------} 3,786.59 CCCAConfAccom-CaptMartnez 408.09 05/20/97 0000034405 TOTAL PREPAID AMOUNT ----} 408.09 TOTAL DUE VENDOR --------> 0.00 Town Hall Mtg-5/3 25.50 05/20/97 0000034401 TOTAL PREPAID AMOUNT ----) 2'5.50 TOTAL DUE VENDOR --------} 0.00 •- T l r `d o f D i a +m o n d S a r # i RUNTIME. 1�.4 05/15119' J0UCNEF REGI :TEF: DUE THRU .............05/20/97 VE1+isOR NAME VENDOR ID. PREPATU ACCOUNT PROJ.TX-NO ------------------------------------------------------------------------------------------------------------------------------------ BATCH PO.LINE/NO. ENTRY/DUE INVOICE DESCRIPTION AMOUNT DATE CHECK Medina, Raul MedinaR *0i111-4350-4100 .3 70520D 05/14 05/20 P&R- Comm Mtg-4/24 40.O0 TOTAL DUE 'VENDOR --------) 40.00 Microage Microage *001-4090-6230 1 70520C 05%14 05/20 189'81 KeybrdCable&Veyboard 44.38 TOTAL 'IJE VENDOR --------) 44.38 Mobil Mobil *001-4210-2310 1 70520F 32/4660 05/15 05120 :Apr-' Ftiel-Plnq 115.5.7 *101-4310-2310 '052:.1 .3,x:60 :5%15 05%20 April Fuel-Prk & Rec 405.91 ¢001 -4415 -2 -;LID 1 70520F :34/4660 05/15 05/20 April Fuel-Vltr Ptrl 148.34 TOTAL DUE VENDOR --------) 669.82 Moonlight Press MoonlightP *001-4040-2115 10 70520D 01/5738 05/14 05/20 97114 Prtg-CClk Brochure 68.96 *001-4090-2110 8 70520D 01 4J00A 05/14 05/20 97119 Stationary Supplies 131.89 *001-4090-2110 6 70514% 01/5702 05/14 05/20 97120 Stationary -Envelopes 92.67 TOTAL DUE VENDOR --------) 293.52 Moore, Diane 2320 X001-3478 26 70520D 05/14 05/20 21137 Recreation Refund 15.00 TOTAL DUE VENDOR --------) 15.00 Morgan, Sherry 2:326 *001-3473 28 70520D 05/14 05/20 21129 Recreation Refund 50.00 TOTAL DUE VENDOR --------) 50.00 Nextel Communications Nextel *001-4440-2130 2 70520D 01/4913 05/14 05/20 1377204 TwoWayRadioSvcs-April. 218.10 TOTAL DUE VENDOR --------) 218.10 O'Connor, Debby OconnerD *001-4350-4100 4 705200 05/14 05/20 P&R Comm Mtg-4/24 40.00 TOTAL DUE VENDOR --------) 40.00 Office Depot OfficeDepo *001-4210-1200 5 70520D 56/4566A 05/14 05/20 020285884 Supplies -Ping 29.93 *001-4350-1200 18 70520D 51/4566A 05/14 05/20 020511613 Supplies -Comm Svcs 20.52 +001-4510-1200 2 70520D 57/4566A 05/14 05/20 020528529 Supplies-PubWks 21.11 *001-4090-1200 12 70520D 55/4566A 05/14 05/20 020528622 Supplies -Gen Govt 98.56 *001-4090-1200 11 705200 54/4566A 05/14 05/20 020571190 Supplies -Gen Govt 12.08 *001-4'350-1100 20 70520D 53/4566A 05/14 05/20 020571214 Supplies -Comm Svcs 31.67 4 4 iF C i t y o f D: a m o rt d R a r tF RUN TIME: 16:46 05/15/97 V O U C H E R R= G I S T c R AGE 12 DUE THRU .............05/2}/97 VENDOR NAME VENDOR ID. # PREPAID ACCOUNT PROJ.TX-NO ------------------------------------------------------------------------------------------------------------------------------------ BATCH PO.LINE/NO. ENTRY/DUE INVOICE DESCRIPTION AMOUNT DATE CHECK. Office Depot OfficeDepo (CONTINUED) *001-4350-1200 19 70520D 52/4566A 05/14 05/20 020571640 Supplies -Come Svcs 102.98 TOTAL DILE VENDOR --------) 316.85 Office Depot OfficeDepo *001-4510-1300 5 70520D 01/5669 05/14 05/20 020536286 CoatRack/UmbrlaHldr-PNks 123.00 *001-4090-1200 10 70520D 01/5722 05/14 05/20 020647915 Copy Paper 476.30 TOTAL DUE VENDOR --------) 599.30 PERS Health Benefits PERSHealth *001-2110-1003 1 70520C 05/14 05/20 May -Health Ins Press 10,369.88 05/20/97 0000034398 *001-4090-0093 2 70520C 05/14 05/20 May -Admin Fee 51.11 05/20/97 0000034398 TOTAL PREPAID AMOUNT ----) 10,420.99 TOTAL DUE VENDOR --------) 0.00 Parekh, Firasat ParekhF *001-2300-1002 14 705200 05/14 05/20 Refnd-PrkDepst-MapleHill 50.00 TOTAL DUE VENDOR --------) 50.00 Payroll Transfer PayrollTr *001-1020 4 70520C 05/14 095/20 PayrollTransfer-PP9 57,000.00 05/20/97 0000000009 TOTAL PREPAID AMOUNT ----) 57,000.00 TOTAL DUE VENDOR --------) 0.00 Photo Plus by Kim PhotoPlus *001-4095-2112 10 70520D 01/4649 05/14 05/20 027680 Gen Photo Process Svcs 65.38 TOTAL DUE VENDOR --------) 65.38 Public Empl Retirement PERS *001-2110-1008 1 70520C 05/14 05/20 PP08-RetireContrib-Emplye 3,696.43 05/20/97 0000034396 *001-2110-1008 2 70520C 05/14 05/20 PP08-RetireContrib-Emplyr 3,313.12 05/20/97 0000034:'x96 TOTAL PREPAID AMOUNT ----) 7,009.55 TOTAL DUE VENDOR --------> 0.00 Purchase Power PurchasePo *001-4090-2120 6 70520D 05/14 05/20 Postage Replenishment 1,015.00 TOTAL DUE VENDOR --------3 1,015.00 * * * C i t v of Diamond Bar * * * RUN TIME: 16:46 05/!5197 V O U C H E R R E G I 3 T E R PAGE 13 DUE THRU.............05/20/97 VENDOR NAME VENDOR ID. * * PREPAID # ACCOUNT PROJ.TX-NO BATCH PO.LINE/NO. ENTRY/DUE INVOICE DESCRIPTION AMOUNT DATE CHECK ------------------------------------------------------------------------------------------------------------------------------------ Ralphs Grocery Co. Ralphs +001-4350-1200 15 70520C 01/4639 Richards Watson & Gershon RichardsWa *001-4020-4021 4 70520D 01/5274 *001-4020-4021 5 70520D 01/4730 Rivcom Rivcom *001-4310-2200 4 70520D 01/5676 S.C.M.A.F. SCMAF *001-4350-1200 24 705200 01/5720 San Gabriel Vly Tribune SGVTribune *250-4215-6420 06797 6 70520C 01/5709 *250-4310-6415 06597 19 70520C 01/5613 Schmid Frazee, Carol 2329 *001-3478 21 70520D Sera, Dam Seral) *001-2300-1002 15 705240 Sheriff's Relief Assoc SheriffEep *001-4090-1200 13 70520D Shilo Inn Shilo'Inn *125-4215-4000 4 70520C 01/5745 05/14 05/20 Misc-BingoSuppls-Snrs 36.20 TOTAL DUE VENDOR --------) 26.20 05/14 05/20 91662 SpeclglSvcs-CableFrnchse 1,315.07 05/14 05/20 91664 Special Legal Svcs -IPS 1,656.35 TOTAL DUE VENDOR --------) 3,471.42 05/14 05/20 97102881 MotoralaRadiaRepair 6x3.00 TOTAL DUE VENDOR --------) 68.00 05/14 05/20 7161 -IN V1lyballLgeRegistrtion 28.00 TOTAL DUE VENDOR --------) 28.00 05/14 05/20 06506 Ad-HndicapkcsRmps 191.52 05/14 05/20 14513 Ad-ExtnsnPntraPrkPrj 124.56 TOTAL DUE VENDOR --------) 316.08 05/14 05/20 21124 Recreation Refund 20.00 ,TOTAL DUE VENDOR --------) 20.00 05/14 05/20 Refnd-SecrtyDepst-Hrtge 200.00 TOTAL DUE VENDOR --------) 200.00 05/14 05/20 NameBadge-B1dgInsp-JLynch 10.76 TOTAL DUE VENDOR --------) 10.76 05/14 05/20 SnrMothersDay0inner-5/13 600.00 05/20/97 0000034406 TOTAL PREPAID AMOUNT ----) 600.00 TOTAL DUE VENDOR --------) 0.00 TOTAL DUE VENDOR --------} 297.54 City of Diamond bar *** RUN TIME: 16:46 05/15/97 V O U C H E R R E G I S T E R PAGE 14 DUE THRU.............0-5/20/97 VENDOR NAME VENDOR ID. * * PREPAID t ACCOUNT PROJ.TX-ND PATCH PO.LINE/NO. ------------------------------------------------------------------------------------------------------------------------------------ ENTRY/DUE INVOICE DESCRIPTION AMOUNT DATE CHECK. Shively, Cindy 2327 *001-3474 1 705201) 05/14 05/20 21516 Recreatin Refund 28.00 TOTAL DUE VENDOR --------} 28.00 Sir Speedy Sir Speedy *001-4090-2110 9 70520D 05/14 05/20 21257 Copies-CougarDedication 13.70 TOTAL DUE VENDOR --------} 13.70 Southern Ca. Edison SoCaEdison *001-4311-2126 1 70520D 05/14 05/20 Electric Svcs-PaulGrow 45.13 *001-4313-2126 1 70520D 05/14 05/20 Electric Svcs-HrtgPrk 546.31 *001-4314-2126 2 70520D 05/14 05/20 Electric Svcs-HrtgCommCtr 698.12 *001-4316-2126 1 70520D 05/14 05/20 Electric Svcs-MapleHill 350.60 *001-4319-2126 1 70520D 05/14 05/20 Electric Svcs -Peterson 93.56 *001-4322-2126 1 70520D 05/14 05/20 Electric Svcs-RonReagan 417.10 *001-4325-2126 1 70520D 05/14 05/20 Electric Svcs-Starshine 13.44 *001-4328-2126 1 70520D 05/14 05/20 Electric Svcs-Summtrdge 190.16 *001-4331-2126 1 70520D 05/14 05/20 Electric Svcs-SycCynPrk 320.70 TOTAL DUE VENDOR --------} 2,675.12 Southern Ca. Edison SoCaEdison *001-4091-2126 1 70520C 05/14 05/20 Electric Svcs-CommSvcCtr 42.47 *001-4091-2126 2 705240 05/14 05/20 Electric Svcs-ComSvcCtr 96.93 TOTAL DUE VENDOR --------} 139.40 Southern Ca. Edison ScCaEdison *001-4510-2126 1 70520D 05/14 05/20 Electric Svcs-Trfc Cntrl 4,711.66 TOTAL DUE VENDOR --------I 4,711.66 Southern Ca. Edison SoCaEdison *138-4538-2126 2 705200 05/14 05/20 Electric Svcs -Dist #38 322.42 TOTAL DUE VENDOR --------} 322.42 Southern Ca. Edison SoCaEdison *141-4541-2126 1 705200 05/14 05/20 Electric Svcs -Dist #41 141.32 TOTAL DUE VENDOR --------> 141.32 Southern Ca. Edison SoCaEdison *139-4539-2126 1 705200 05/14 05/20 Electric Svcs -Dist #39 297.54 TOTAL DUE VENDOR --------} 297.54 a** C:tv of Diamond Bar #** UN TIME: 16:46-,5/1511197 iuuChER E I:3TEk =;E 15 DUE THRU.............05/20/'a7 VENDOR NAME VENDOR ID. * PREPAID # # ACCOUNT PROJ.TX-NO BATCH PO.LINE/N0. ENTRY/DUE INVOICE DESCRIPTION AMOUNT DATE CHECK: ------------------------------------------------------------------------------------------------------------------------------------ Spicers Paper Spicers X001-4350-1200 22 70520D 01/5244 Sportime ChimeTime *001-4350-1200 17 70520C 01/5659 State of California EDD *001-4090-0080 1 70520D Subway Subway *001-4090-2325 15 70520D 01/4947 Traffic Specialties TraffSpecl *001-4095-2353 22 70520D 01/5643 Tye, Steven *001-4350-4100 US Postal Service *001-4090-2120 Uriate, Robert *001-2300-1002 TyeS 1 70520D USPostSery 7 70520E UriateR 16 705200 Velazquez, Elaine 2330 *001-3473 20 70520D Virgil's Mobil Service Virgils 05/14 05/20 37017 Special Paper -Flyers 22.17 TOTAL DUE VENDOR --------) 22.17 05/14 05/20 4031300001 Music Set-TinyTots 100.24 TOTAL DUE VENDOR --------) 100.24 05/14 05/20 UnesplymtInsurnce-Pmblton 324.00 TOTAL DUE VENDOR --------) 324.00 05/14 05/20 Mtg Supplies -5/5/97 11.97 TOTAL DUE VENDOR --------) 11.97 05/14 05/20 896777 SafetyEquip-AnvCeleb 240.00 TOTAL DUE VENDOR --------) 240.00 05/14 05/20 P&R Come Mtg-4/24 40.00 TOTAL DUE VENDOR --------) 40.00 05/14 05/14 Postage Replenishment 1,500.00 TOTAL DILE VENDOR --------) 1,500.00 05/14 05/20 Recreation Refund 50.00 IOTAL DUE VENDOR --------) 50.00 05/14 05/20 21551 Recreation Refund 50.00 TOTAL DUE VENDOR --------) 50.00 *001-4030-2310 2 7052OF 09/4661B 05/15 05/20 April Fuel-CMgr 37.39 *001-4090-2310 1 7052OF 11/46618 05/15 05/20 April Fuel -Gen Govt 54.68 *001-4310-2310 1 7052OF 10/46618 05/15 05/20 April Fuel-Prk & Rec 15.51 TOTAL DUE 'VENDOR --------) 107.58 # City of Diamond gar## PUN TIME: 16:46 0`ri`;'' 1 D U C ti E R G G I C T E R ';DE 16 DUE THRU .............05/20/`7 VENDOR NAME VENDOR 1D. PREPAID # ACCOUNT PROJ.TR-NO BATCH PO.LINE/N0. ------------------------------------------------------------------------------------------------------------------------------------ ENTRY/DUE INVOICE DESCRIPTION AMOUNT DATE CHECk: Walnut Vly Water Dist WVWaterDis *001-4440-2140 1 70520E 05/14 05/20 8x87 Jan/Apr-EstgeCommRsvrSite 52.44 TOTAL DUE VENDOR --------) 59.44 Walnut Vly Water Dist WVWaterDis *001-4322-2126 2 70520E 05/14 05/20 Water Usage -Ron Reagan 818.37 *001-4325--2126 2 70520E 05/14 05/20 Water Usage-Starshine 746.35 TOTAL DUE VENDOR --------) 1,564.72 Walnut Vly Water Dist WVWaterDis }138-4538-2126 3 70520E 05/14 05/20 Water Usage -Dist #38 497.20 TOTAL DUE VENDOR --------) 497.20 Walnut Vly Water Dist WVWaterDis *141-4541-2126 2 70520E 05/14 05/20 Water Usage -Dist #41 5,807.89 TOTAL DUE VENDOR --------) 5,807.89 Walnut, City of 2325 *001-3474 2 70520D 05/14 05/20 21177 Recreation Refund 75.00 TOTAL DUE VENDOR --------1 75.00 Wang, Jennifer 2:328 *001-3478 19 70520D 05/14 05/20 21305 Recreation Refund 15.00 TOTAL DUE VENDOR --------) 15.00 Warren, James Warren) 4001-4415-2325 1 70520E 05/14 05/20 Reimb-V1trPtr1DnrSuppls 28.00 TOTAL DUE VENDOR --------1 28.00 Waste Management WasteMmag *001-4095-2353 24 70520E 01/%24 05/14 05/20 826435060 AnnvCeleb-PrtblRestrooms 570.00 TOTAL DUE VENDOR --------) 570.00 West Coast & Associates WCoastAssc *001-4095-2115 3 70520E 01/5579 05/14 05/20 0154 Ad-BthAnnvCeleb 1,060.85 TOTAL DUE VENDOR --------) 1,060.85 *** City o+ D i a m a n d Bar RUN TIME: 16:46 05/15/97 V O U C H E R R E G I S T E R z=AGE 17 DUE THRU.............05/20/97 VENDOR NAME VENDOR ID. PREPAID ACCOUNT PROJ.TX-NO BATCH PO.LINE/NO. ------------------------------------------------------------------------------------------------------------------------------------ ENTRY/DUE INVOICE DESCRIPTION AMOUNT DATE CHECK West End Uniforms WestEndUni *001-4415-1200 3 70520E 01/5325 05/14 05/20 44156 Val Patrl-Uniforms 135.77 TOTAL DUE VENDOR --------) 135.77 Whole Enchilada WholeEnchl *001-4090-2325 16 70520E 05/14 05/20 914514 ChamberMir-3/18 375.00 TOTAL DUE VENDOR --------) 375.00 Wright, Madelene WrightM *001-2300-1002 17 70520E 05/14 05/20 Refnd-PrkDepst-Petrsn 50.00 TOTAL DUE VENDOR --------) 50.00 Yan, Susan YanS *001-2300-1002 18 70520E 05/14 05/20 34679 Refnd-PrkDepst-RnReagn - 50.00 TOTAL DUE VENDOR --------) 50.00 TOTAL PREPAID -----------) 82,426.04 TOTAL DUE ---------------) 180,102.55 TOTAL REPORT ------------) 262,528.59 4#* C 1 t y 0 f D i a m o n d G a r * * * RUN TIME: 16:46 05115137 V O U C H E R R E G I S T E R PAGE 1 FUND 3UMMAR9 REPORT DUE THRU.............05/20/97 OISSbRSE 3/L 3JE WILL OST GJE HAS POSTED FUTvRE TRANSACTI'NS FUND TOTAL DIRECT PAY REVENUE EXPENSE REVENUE EXPENSE REVENUE EXPENSE ----------------------------------------------------- ------------------------------------------------------------------------------ 001 General Fund 203,622.26 101,554.79 2,237.20 99,830.27 113 Air Quality Imp 13,317.12 13.317.12 115 Int Waste Mgmt F 196.88 196.88 250 C.I.P. Fund 5,926.30 5,926.30 112 Prop A -Transit F 27,957.05 27,957.05 010 Library Service 56.02 56.02 138 LLAD #38 Fund 4,606.21 4,606.21 125 CDBG Fund 600.00 600.00 141 LLAD #41 Fund 5,949.21 5,949.21 139 LLAD #39 Fund 297.54 297.54 TOTAL------------------------------------ ------------------------------------------------------------ ALL FUNDS '262,528.59 101,554.79 2,237.20 158,736.60 TO: City of Diamond Bar Attn.: Tommye Nice, Deputy City Clerk RE: Principal Date of Incident Rec'd Y/Office Claimant Our File May 1, 1997 97 MAY - 2 PH 3: 4 b SCJPIA/Diamond Bar 02/28/97 04/02/97 Jeannie Schmitz S 93915 DBK We have reviewed the above captioned claim and request that you take the action indicated below: e CLAIM RUECTION: Send a standard rejection letter to the claimant. Please provide us with a copy of the notice sent, as requested above. If you have any questions please contact the undersigned. Very truly yours, CARL WARREN,4 COMPANY Deborah Been cc: SCJPIA CARL WARREN & COO CLAIMS MANACEMENT•CLAIMS,ADJUSTERS 750 The City Drive • Suite 400. Orange. CA 92868 Mail: P.O. Box 25180 • Santa Ana, Ce 92799-5180 Phone: (714) 740-7999 a (800) 572-8900. Fax: (714) 740-7992 �—'w �.o—J-t ,V. W % ,./-\1VIA 0 �J TO PERSON OR PROPERTY INTSTRUCTIONS 1. Claims for death, injury to person or to personal property nust be filed not later than ( mos. after the occurrence. (Gov Code Sec. 91I.::) 2. Claims for damages to real property must be filed not later than 1 year after the occurrence. (Gov. Code Sec. 911.2) 3. Read entire claim before filing. 4. See page 2 for diagram upon which to locate place if ac:ident. 5. This claim form must be signed on page 2 at Fot:on,. ,5 --,Attach separate sheets, if necessary, to give full details SIGN EACH SHEET. laim must be filed with City Clerk. (Gov. Code Seer. 915a) Name of Claimaot. Business Address l you desire notices or ;rW/-,#— C, When did DAMAGE or INJURY occur? Give to be sent regaining 'Sc COP �-d particulars, date, time of CLAIM No. Where did DAMAGE or INJURY occur? Describe fully, and loca on diagram on re ersp side of this shoat 1werl appropriate, give Stet m'es-and addjresses ind, mtasutgnents from landmarks- l ar� CpQJq What particular ACT or OMISSION d you claim caused �thje injury or damage? Give A-1 n}ammes�of City employees causing the injury or damage, if known: C�j ( Q -v � G S 1.1 t T' �X (' lX' What DAIM-? E or INJURIES do yo µ clo r salted? Give full �extept of inJurl s or damages claimed: What AMOUNT do y ciai qn count of c em of injury or damage as of date of resentat. of this claim, giving basis of computation: ! } 1�F'1� I �`' W 0 , ^ V l 1 1Ii✓JJ f G (U ,1-j[_ f , V' z J (ad9 Wtl� Give ESTIMATED AMOUNT as far as known you claim on account of each item of prospective injury or damage,' giving basis of computation: , ^ Q© ' l J SEE PAGE 2 (OVER) THIS CLAIM MUST BE SIGNED ON REVERSE SIDE Insurance payments received, if any, a. .lames of Insurance Company: CSA Expenditures made on account of accident or (L)ate — Item) Name and address of Witnesses, Doctors and Hospitals: (Amount) READ CAREFULLY For all accident claims place on following diagram names of streets, including North, East, South, and West; indicate place of accident by "X" and by showing house numbers or distances to street corners. If City Vehicle was involved, designate by letter "A" location of City vehicle when you first saw it, and by "B" location of yourself or your vehicle when you first saw City vehicle; location of City vehicle at time of accident by "A-1" and locatio:, of yourself or your vehicle at the time of the accident by "B-1" and the point of impact by "X." "•CTE' if d:^ a.. bele., de of Et the rituatic- tt2ch hz�e• d: ..gr Z_ - z-•-- -_ •o F::prr . „-'rz signed :,y �......ca:.:. FOR AUTOMOBILE ACCIDENTS Lj 7A\ FOR OTHER ACCIDENTS sl Sok Signature of Claimant or person ' ing on his behalf giving Typed Name: ate . relationship to Claimant: 6/1W jrj'�2a CLAMMSW!��JIL�DT WITH , r,(C '. )cDDE SEC. t5a) . DAMAGE HEF,UH r ti�.vHiy1l 1.` 03/19/97 at 14:C-"6 D. R. _`J1 4-tG10LiQ'.7 +tD AJ14*2013 Est : C. (H '1 T �i R RC.IW C31 F-- C'C 1L -L I E -i I Citq GF-r4-1-Ei: H FHX # ` 09-._90-2865 i 4�1 B AUTO! CENTER Dl ! iNTAR} l Ci, LA 91-761-- k 709 ) 390-3882 Owner: JEANNIE '::5CHMITZ Address: Day Phone:- Uther Ph: - Deductible: $ N/A Insurance Lo.: Phone: Claim No.: Adj.: ,130 OLDS LUTLASS SUPREME BROUGHAM ED BLUE 6-:3.8L-2 vin: 3R47NAR506886 License: IASJO15 CA Prod Date: 7/80 Odometer." Automatic transmission Power steering Power brakes Clear coat paint Metallic paint ----------------------------------------------------------------------------- PART NO. 0P. DESCRIPTION OF DAMAGE QTY COST LABOR PP iN i m i, -,L --------------------------------------------------------------------------------- i QUARTER PANEL E* Repr LT Outer panel Salon 1 4.0 1. 7 3 Add for Clear Coat 1 wi•% 4 Add for Edges -1 Q1 . 5 Add for Lock Pillar 1 0•=' 6* R&I NEC. EXT. TRIM 1 1.0 7* Ref in RESTRIPE- AS NEC. 8* COLORMATCH _0. 9* COVER CAR 1 _ 0.5. r.. ---- __.... 10* COLORSAND/PALISH 1 1.0 11* ENV I ROMENTAL: COMPLIANCE FEE 1 ------------------------ X.-- ._._.__------------------------------------------------------------------------------ -------------------------------------------- 5ubt of a i s Subt -------- ===> 0.00 :J. 5 J. ` 6 7. f to N C. r. Page: 1 D—PMRGL -7 ,t 14: AJ 142013 D. R. E.,51c,-:'4-0k100 4t, L. RAMIREZ I NJ f_:.1:_ M 1_U I 1 Lj $ b AL110 uENILM OR Lifll i-1HIIJ, LA y 1 1b 1 - Fart s 0. 00 Body Labor, 5.5 units @ $1-60-00 i6�5• V10 Paint Labor 5.2 units C@ $.0.00 Inb.00 Paint/Materials 5.2 units @ $aO.00 IV) 4.100 Sublet /Mi sc ---------------- SUBTOTAL $ 49 2. 5k7 Tax on f 109.00 at 7.7500% 4'J GRAND TOTAL Zvlo. �D --------------------=----------------------- INSURANCE POYS $ _ V,0. `j,`; !HIS ESTIMATE IS BASED LIN WR INSPECTION AND DOES WIT COVER ADDITILKX PARTS UR LAM WHICH MAY W RFUUIRFD AFTFR THF WiRK HAS BFFN STARTED. AVER THE WORK HAS STARTED, WAN OR DAM46ED PARTS WHICH WERE NUT EVIDENT ON THE FIRST INSPECTIfjN MAY BE DU'A'D ERC -0. NATIM Ai LY, THIS ESTIMATE LANNUT LAVER S10 CDNTINIENCIFS. Estimate based on MOTUR CRASH ESTINRTI* 6011F. Nan -asterisk(*) items are derived from the buioe DOIDCBW. Datatese Date 1195 Double asterisk(**) items indicate part supplied by a supplier other than the original equipment manufacturer. LAPA items have been ceftified for fit and finish by the Certified Auto Parts Association. EZEst - A product of CCC Information Services Inc. Paye. CrTY OF DIAMOND BAR AGENDA REPORT AGENDA NO. ` TO: Honorable Mayor and Members of the City Council MEETING DATE: May 20, 1997 REPORT DATE: May 14, 1997 FROM: Terrence L. Belanger, City Manager TITLE: Notice of Completion for Sunset Crossing Road Cul -de -Sac Improvement Project. SUMMARY: On February 6, 1996, City Council awarded the sidewalk construction contract to E.C. Construction Company for a total amount of $28,675.00. The completed work has been determined to be in accordance with the specifications approved by the City. The final construction contract amount, including change order items, was $29,125.00. RECOMMENDATION: It is recommended that the City Council accept the work performed by E.C. Construction Company and authorize the City Clerk to file the proper Notice of Completion and to release any retention amounts thirty-five (35) days after the recordation date. LIST OF ATTACHMENTS: X Staff Report _ Resolution(s) _ Ordinances(s) _ Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: Public Hearing Notification _ Bid Specification (on file in City Clerk's Office) x Other: Notice of Completion 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? 2. Does the report require a majority or 4/5 vote? 3. Has environmental impact been assessed? 4. Has the report been reviewed by a Commission? Which Commission? 5. Are other departments affected by the report? Report discussed with the following affected departments: REVIEWED BY: Terrence L. Belanger City Manager N/A —Yes —No Majority N/A _ Yes _ No N/A _ Yes _ No N/A _ Yes _ No Frac . UA er George A. Wentz Assistant City Manager City Engineer CITY COUNCIL REPORT AGENDA NO. _ MEETING DATE: May 20, 1997 TO: Honorable Mayor and Members of the City Council FROM: Terrence L.Belanger, City Manager SUBJECT: Notice of Completion for the Sunset Crossing Road Cul -de -Sac Improvement Project. ISSUE STATEMENT Submit and file for recordation a Notice of Completion for the Sunset Crossing Road Cul-de-sac Imrpovement Project. RECOMMENDATION It is recommended that the City Council accept the work performed by E.C. Construction Company and authorize the City Clerk to file the proper Notice of Completion and to release any retention amounts thirty-five (35) days after the recordation date. FINANCIAL SUMMARY This process of filing Notice of Completion has no fiscal impact on the City. BACKGROUND/DISCUSSION On February 6, 1996, City Council awarded the sidewalk construction contract to E.C. Construction Company for a total amount of $28,675.00. The City's final acceptance of the completed work was made on May 8, 1997 and has been determined to be in accordance with the specifications approved by the City. An additional $450.00 was approved for the installation of eighteen (18) recycled wheel stops for additional parking spaces striped in the parking lot. The final construction contract amount, including this change order item, is $29,125.00. PREPARED BY. - ROSE MANELA CITY OF DIAMOND BAR y! AGENDA REPORT AGENDAN0' TO: Honorable Mayor and Members of the City Council MEETING DATE: May 20,1997 REPORT DATE: May 6,1997 FROM: Terrence L. Belanger, City Manager TITLE: Landscaping Assessment District Number 38 SUMMARY: Pursuant to the City Council's direction of March 4,1997 staff has prepared the Engineer's Report for District Number 38 forthe 1997-98 Fiscal Year. Said report has been prepared pursuant to the provisions of the Landscaping and Lighting Act of 1972 of Part 2 of Division 15 of the Streets and Highway Code of the State of California. RECOMMENDATION: It is recommended that the City Council approve the Engineer's Report, adopt the attached Resolution to declare the City's intention to levy and collect assessments for District Number 38 and direct the City Clerk to advertise the public hearing before the Council at the second regular meeting of June, 1997. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification X Resolution(s) _ Bid Specifications (o, file in City ClerWs Office) _ Ordinances(s) X Other. Engineer's Report _ Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed NIA 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? NIA _ Yes X No 4. Has the report been reviewed by a Commission? N/A _Yes X No Which Commission? 5. Are other departments affected by the report? N/A X Yes _ No Resort discussed with the following affected deaartments: Communitv Services V:01: k, W 4-11 Terrence L. Belanger City Manager C:1WP601LINDAKAUGEN-9ADIST#38.520 Frank M. Ushef "rge A. Wb Assistant City Manager City Engineer CITY COUNCIL REPORT AGENDA NO. MEETING DATE: May 20,1997 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Landscaping Assessment District Number 38 ISSUE STATEMENT: Pursuant to the City Council's direction of March 4,1997, staff has prepared the Engineer's Reportfor District Number 38 for the 1997-98 Fiscal Year. RECOMMENDATION: It is recommended that the City Council approve the Engineer's Report; adopt the attached Resolution to declare City's intention to levy and collect assessments for District Number 38; and direct the City Clerk to advertise the public hearing before the Council on the question of the levy of the proposed assessments on assessable lots within District Number 38. FINANCIAL SUMMARY: The revenues generated by these Districts are proposed to pay for it There will be no impact on the City's General Funds. BACKGROUNDMISCUSSION: The attached Engineer's Reportfor the City's Landscaping Assessment District Number 38, which is prepared pursuant to provisions of the Landscaping and Lighting Act of 1972 of Part 2 of Division 15 of the Streets and Highway Code of the State of California, includes authority for the report, estimated costs of improvements, a diagram for the District and the assessments. The estimated number of parcels within the existing District is 17,436 parcels. The amount assessed upon the lands within District Number 38 for Fiscal Year 1996-97 was $15.00 per parcel. The amount estimated to be assessed for Fiscal Year 1997-98 is to remain at $15.00 per parcel. The assessments will be utilized towards the general maintenance of City's medians and parkways, and to fund Phase II of the Golden Springs Drive Landscape Medians between Lemon Avenue and Gona Court This proposed assessment has been determined to be exempt from the provisions of Proposition 218 as set forth in section 5 (a): Any assessment imposed exclusively to finance the capital costs or maintenance and operation expenses for sidewalks, streets, sewers, water, flood control drainage systems or vector control. Prepared By: David G. Liu C:IWP601L1 NDAKAY=R-97%DIST#M.520 ENGINEER'S REPORT CITY OF DIAMOND BAR Update of ASSESSMENT DISTRICT NO. 38 Fiscal Year 1997-98 May 20, 1997 Prepared by: GFB-FRIEDRICH & ASSOC., INC. 6529 Riverside Avenue, Suite 230 Riverside, CA 92506 TABLE OF CONTENTS INTRODUCTION BOUNDARIES OF DISTRICT IMPROVEMENTS Landscaping FINANCIAL ANALYSIS Revenue Appropriations METHOD OF APPORTIONMENT ASSESSMENT ASSESSMENT ROLL EXHIBITS Exhibit "A-1" - Assessment Diagram Page 1 2 3 4 5 6 7 INTRODUCTION Pursuant to the order of the City Council of the City of Diamond Bar, this report is prepared in compliance with the requirements of Article 4, Chapter 1, Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of the State of California. This report presents the engineering analysis for the 1997-98 Fiscal Year for the district known as: CITY OF DIAMOND BAR ASSESSMENT DISTRICT NO. 38 (Hereinafter referred to as "District") This District, by special benefit assessments, provides funding for the maintenance of landscaped areas owned by the City of Diamond Bar which are located in public rights-of-way within the City of Diamond Bar. Section 22573, Landscaping and Lighting Act of 1972, requires assessments to be levied according to benefit rather than according to assessed value. The section states: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated special benefits to be received by each such lot or parcel from the improvements. The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 (commencing with Section 5000)) [of the Streets and Highways Code, State of California]." As the assessments are levied on the basis of benefit, they are considered a special benefit assessment, not a tax, and, therefore, are not governed by Article XIIIA of the California Constitution. Properties owned by public agencies, such as a city, county, state or the federal government, are not assessable by law. BOUNDARIES OF DISTRICT The boundary of the District is completely within the City limits of the City of Diamond Bar and is shown on the Assessment Diagram (on file in the office of the City Clerk at the City Hall of Diamond Bar as Exhibit "A-1"). The lines and dimensions of all parcels of real property included within the District are described in detail on maps on file in the Los Angeles County Assessor's office. IMPROVEMENTS The proposed improvements are generally described as the maintenance and servicing of streets and sidewalks within the District, including the installation, maintenance and servicing of landscaping and appurtenant facilities that are located in, on and along such streets and sidewalks. Servicing Servicing means the furnishing of electric current or energy, gas or other illuminating agent for the lighting or operation of any improvement, and water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements. Maintenance Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of any improvement, including: 1. Repair, removal or replacement of all or any part of any improvement. 2. Providing for the life, growth, health and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury. 3. The removal of trimmings, rubbish, debris and other solid waste. 4. The cleaning, sandblasting and painting of walls and other improvements to remove or cover graffiti. Plans and Specifications Plans and specifications showing the general nature, location and extent of the proposed improvements are on file in the office of the City Clerk and available for public inspection. 3 FINANCIAL ANALYSIS The estimated funding for maintenance and servicing of landscaping for the update of Assessment District No. 38 for the 1997-98 Fiscal Year is as follows: 1997-98 Recommended Budget Revenue: Appropriation Fund Balance (from FY 1996-97) $ 209,385 Property Tax and Assessments 261,540 Interest Revenue 5,000 TOTAL $ 475,925 Appropriations: Personal Services Salaries $ 6,630 City Paid Benefits 100 Benefits 930 Worker's Compensation Expense 270 Medicare Expense 100 Cafeteria Benefits 970 Operating Expenses Utilities 82,000 Maintenance -Grounds & Bldg 15,000 Professional Services 5,000 Contract Services 50,700 Capital Improvements * 4,400 Reserves 309.825 TOTAL $ 475,925 * Capital Projects Include: Brea Canyon Road Parkway Improvements from Fountain Springs Road to Cool Springs Drive $50,000 4 METHOD OF APPORTIONMENT The net amount to be assessed upon lands within the District in accordance with this report is apportioned by a formula and method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each lot or parcel from the improvements, namely the maintenance and servicing of public landscaping improvements within such District. The maintenance and servicing of public landscaping improvements installed and constructed in public places in the City of Diamond Bar provides a special benefit which is received by each and every lot or parcel within the District, tending to enhance their value. The primary benefits of landscaping are as set forth below: 1. Improved aesthetic appeal of nearby parcels. 2. Improved erosion resistance. 3. Improved dust control. 4. Beautifies and makes safer flood control facilities that would otherwise be unsightly and potentially dangerous. S. Improved ingress to and egress from properties. Existing land use information indicates that well over 90 percent of the parcels within the City of Diamond Bar are residences. Because the special benefits derived apply equally to all residences and other parcels within the District.. it has been determined that all assessable parcels would receive the same net assessment. E ASSESSMENT The amount to be assessed upon the lots and parcels within the District and the amount apportioned to each assessable parcel within the District is shown in the table below. Net Amount to be Assessed: $ 261,540 Number of Parcels: 17,436 Proposed 1997-98 Assessment Per Parcel: $ 15.00 1996-97 Assessment Per Parcel: $ 15.00 Difference: 0 $ 0.00 ASSESSMENT ROLL The individual 1997-98 assessments, tabulated by Assessor's parcel number, are shown on an Assessment Roll on file in the Office of the City Clerk of the City of Diamond Bar as Exhibit "B" and are made a part of this report by reference. Reference is made to the Los Angeles County Assessment Roll for a description of the parcels within the District. (The Assessment Roll is not included in this report due to its volume.) Dated: , 1997 P NO7E �4�!!�T, if)V (,AI %i GFB-FRIEDRICH & ASSOC., INC. %I EXHIBITS aE � 8c ge �x ex wM CIO Zw CC ti ca Z t i p a 2F.> g LL W ul LU i N y V V) W LL. V) U) a RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE ENGINEER'S REPORT FILED PURSUANT TO SECTION 22623 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE WITH RESPECT TO THE CITY OF DIAMOND BAR ASSESSMENT DISTRICT NO. 38; AND DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR CERTAIN LANDSCAPING MAINTENANCE WITHIN SAID DISTRICT FOR FISCAL YEAR 1997-98; AND FIXING A TIME AND PLACE FOR A HEARING OF OBJECTIONS THEREON. A. RECITALS. (i) Heretofore, the City of Diamond Bar Assessment District No. 38 was created pursuant to Part 2 of Division 15 of the California Streets and Highways Code (§§ 22500, et. seq.). (ii) The City Engineer has prepared, filed with the City Clerk and presented to this Council a report relating to said assessment district pursuant to the provisions of the California Streets and Highways Code § 22623. (iii) All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION. NOW, THEREFORE, THE City Council of the City of Diamond Bar does hereby find, determine and resolve as follows: 1. The Recitals, as set forth in Part A of this Resolution, are in all respects true and correct. 2. The above-described report submitted by the City Engineer relating to City of Diamond Bar Assessment District No. 38 is hereby approved as filed. 3. This Council hereby declares its intention to levy and collect assessments during fiscal year 1997-98 pursuant to Part 2 of Division 15 of the Streets and Highways Code of the State of 1 California, known as the "Landscaping and Lighting Act of 1972," within that area designated "City of Diamond Bar Assessment District No. 38," as shown on Exhibit "A-1" attached hereto and incorporated herein by reference. 4. A general description of the improvements proposed for the aforementioned district is as follows: The installation, maintenance and servicing of landscaping and any facilities which are appurtenant thereto or which are necessary or convenient for the maintenance and servicing thereof, including but not limited to, repair, removal or replacement, grading, clearing, removal of debris, pruning, fertilization, pest control and weed control, and the installation or construction of appurtenant facilities, including curbs, gutters, walls, sidewalks or paving, or water, irrigation, drainage, or electrical facilities. Said installation, maintenance and servicing of the landscaping and installation, maintenance and servicing of related work shall be within the area of Assessment District No. 38 as shown on Exhibit "A-1." S. Reference is hereby made to the report of the City Engineer relating to the said assessment district hereinabove approved. Said report is on file with the City Clerk of the City of Diamond Bar and contains a full and detailed description of the improvements, the boundaries of the assessment district and contains the proposed assessments upon assessable lots and parcels of land within City of Diamond Bar Assessment District No. 38 for E fiscal year 1997-98. Said proposed assessment per lot is the amount of $15.00, the same amount which was levied in fiscal year 1996-97. 6. This Council hereby fixes 7:00 p.m. on June 17, 1997 in the South Coast Air Quality Management District Auditorium, 21865 East Copley Drive, Diamond Bar, California, as the time and place for a hearing before this Council on this question of the levy of the proposed assessments on assessable lots with City of Diamond Bar Assessment District No. 38 for fiscal year 1997-98 and hereby gives notice of said hearing. 7. The City Council hereby determines and declares that the proposed assessments constitute a continuation of assessments existing on the effective date of Article XIIID of the California Constitution, that the assessments are imposed exclusively to finance the capital costs and maintenance and operation expenses for streets and sidewalks and that the assessments are exempt from the requirements of Article XIIID, Section 4 of the California Constitution. 8. The City Clerk shall: (a) Certify to the adoption of this Resolution; and (b) Cause a true and correct copy of this Resolution to be published pursuant to California Government Code § 6061. PASSED, ADOPTED AND APPROVED this day of 1997. Mayor 3 I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at the regular meeting of the City Council of the City of Diamond Bar held on the day of the following Roll Call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Lynda Burgess, City Clerk City of Diamond Bar El 1997, by FINANCIAL ANALYSIS The estimated funding for maintenance and servicing of landscaping for the update of Assessment District No. 38 for the 1997-98 Fiscal Year is as follows: Revenue. Appropriation Fund Balance (from FY 1996-97) Property Tax and Assessments Interest Revenue TOTAL Appropriations Personal Services Salaries City Paid Benefits Benefits Worker's Compensation Expense Medicare Expense Cafeteria Benefits Operating Expenses Utilities Maintenance -Grounds & Bldg Professional Services Contract Services Capital Improvements ' Reserves TOTAL Capital Projects Include: 1. Brea Canyon Road Parkway Improvements from Fountain Springs Road to Cool Springs Drive 2. Golden Springs Drive Median Improvements between Lemon Avenue and Gona Court 71> 4 1997-98 Recommended Budget $ 209,385 261,540 5.000 $ 475,925 $ 6,630 100 930 270 100 970 82,000 15,000 5,000 40,700 313,400 10,825 $ 475,925 $350,000 `--) CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO TO: Honorable Mayor and Members of the City Council MEETING DATE: May 20,1997 REPORT DATE: May 6,1997 FROM: Terrence L. Belanger, City Manager TITLE: Landscaping Assessment District Number 39 SUMMARY: Pursuant to the City Council's direction of March 4,1997 staff has prepared the Engineer's Report for District Number 39 for the 1997-98 Fiscal Year. Said report has been prepared pursuant to the provisions of the Landscaping and Lighting Act of 1972 of Part 2 of Division 15 of the Streets and Highway Code of the State of California. RECOMMENDATION: It is recommended that the City Council approve the Engineer's Report, adopt the attached Resolution to declare the City's intention to levy and collect assessments for District Number 39 and direct the City Clerk to advertise the public hearing before the Council at the second regular meeting of June, 1997. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification X Resolution(s) _ Bid Specifications con file in Cry Clerks office) _ Ordinances(s) X Other: Engineer's Report Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed N/A 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? IIIA —Yes X No 4. Has the report been reviewed by a Commission? NIA _Yes X No Which Commission? 5. Are other departments affected by the report? N/A X Yes _ No Reuort discussed with the following affected departments: Community Services REVIEWED BY: Terrence L. Belanger Fr nk M. Ushe rge A. Wen City Manager Assistant City Manager City Engineer C:\WP6KlNDAKAYMGEN-9TDISTM39.520 CITY COUNCIL REPORT AGENDA NO. MEETING DATE: May 20,1997 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Landscaping Assessment District Number 39 ISSUE STATEMENT: Pursuantto the City Council's direction of March 4,1997, staff has prepared the Engineer's Report for District Number 39 for the 1997-98 Fiscal Year. RECOMMENDATION: It is recommended that the City Council approve the Engineers Report; adopt the attached Resolution to declare City's intention to levy and collect assessments for District Number 39; and direct the City Clerk to advertise the public hearing before the Council on the question of the levy of the proposed assessments on assessable kits within District Number 39. FINANCIAL SUMMARY: The revenues generated by these Districts are proposed to pay for it There will be no impact on the City's General Funds. BACKGROUNDIDISCUSSION: The attached Engineers Report for the City's Landscaping Assessment District Number 39, which is prepared pursuantto provisions of the Landscaping and Lighting Act of 1972 of Part 2 of Division 15 of the Streets and Highway Code of the State of CaNfornia, includes authority for the report, estimated costs of improvements, a diagram for the District and the assessments. The estimated number of parcels within the existing District is 1,270 parcels. The amount assessed upon the lands within District Nurnber 39 for Fiscal Year 1996-97 was $130.00 per parcel. The amount estimated to be assessed for Fiscal Year 1997-98 is lo remain at $130.00 per parcel. The assessments will be utilized towards general maintenance of slopes, open space areas and the five (5) mini parks within District 39. This proposed assessment has been determined to be exempt from the provisions of Proposition 218 as set forth in section 5 (b): Any assessment unposed pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment is initially imposed. Prepared By: David G. Liu C:\W P601LI NDAKAYICCR-9TDISTM.520 ENGINEER'S REPORT CITY OF DIAMOND BAR Update of ASSESSMENT DISTRICT NO. 39 Fiscal Year 1997-98 May 20, 1997 Prepared by: GFB-FRIEDRICH & ASSOC., INC. 6529 Riverside Avenue, Suite 230 Riverside, CA 92506 TABLE OF CONTENTS INTRODUCTION BOUNDARIES OF DISTRICT IMPROVEMENTS Landscaping FINANCIAL ANALYSIS Revenue Appropriations METHOD OF APPORTIONMENT ASSESSMENT ASSESSMENT ROLL EXHIBITS Exhibit "A-2" - Assessment Diagram Page 1 2 3 4 5 6 7 INTRODUCTION Pursuant to the order of the City Council of the City of Diamond Bar, this report is prepared in compliance with the requirements of Article 4, Chapter 1, Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of the State of California. This report presents the engineering analysis for the 1997-98 Fiscal Year for the district known as: CITY OF DIAMOND BAR ASSESSMENT DISTRICT NO. 39 (Hereinafter referred to as "District") This District, by special benefit assessments, provides funding for the maintenance of landscaped areas owned by the City of Diamond Bar which are located in public rights-of-way within the City of Diamond Bar. Section 22573, Landscaping and Lighting Act of 1972, requires assessments to be levied according to benefit rather than according to assessed value. The section states: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated special benefits to be received by each such lot or parcel from the improvements. The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 (commencing with Section 5000)) [of the Streets and Highways Code, State of California]." As the assessments are levied on the basis of benefit, they are considered a special benefit assessment, not a tax, and, therefore, are not governed by Article XIIIA of the California Constitution. Properties owned by public agencies, such as a city, county, state or the federal government, are not assessable by law. BOUNDARIES OF DISTRICT The boundary of the District is shown on the Assessment Diagram (on file in the office of the City Clerk at the City Hall of Diamond Bar as Exhibit "A-2"). The lines and dimensions of all parcels of real property included within the District are described in detail on maps on file in the Los Angeles County Assessor's office. 2 IMPROVEMENTS The proposed improvements are generally described as the maintenance and servicing of landscaping and appurtenant facilities that are located in mini -parks, landscaped slopes and open spaces within the District. Servicing Servicing means the furnishing of electric current or energy, gas or other illuminating agent for the lighting or operation of any improvement, and water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements. Maintenance Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of any improvement, including: 1. Repair, removal or replacement of all or any part of any improvement. 2. Providing for the life, growth, health and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury. 3. The removal of trimmings, rubbish, debris and other solid waste. 4. The cleaning, sandblasting and painting of walls and other improvements to remove or cover graffiti. Plans and Specifications Plans and specifications showing the general nature, location and extent of the proposed improvements are on file in the office of the City Clerk and available for public inspection. 3 FINANCIAL ANALYSIS The estimated funding for maintenance and servicing of landscaping for the update of Assessment District No. 39 for the 1997-98 Fiscal Year is as follows: 1997-98 Recommended Budget Revenue: Reserve Fund Balance (from FY 1996-97) $ 35,849 Property Tax and Assessments 165,100 Interest Revenue 600 TOTAL $ 201,549 Personal Services Salaries $ 6,630 City Paid Benefits 100 Benefits 930 Worker's Compensation Expense 270 Medicare Expense 100 Cafeteria Benefits 970 Operating Expenses Utilities 55,000 Maintenance -Grounds & Bldg. 15,000 Professional Services 5,400 Contract Services 73,080 Capital Improvements 2,000 Reserves —42,069 TOTAL $ 201,549 Plans and specifications showing the general nature, location and extent of the proposed improvements are on file in the office of the City Clerk and available for public inspection. 4 METHOD OF APPORTIONMENT The net amount to be assessed upon lands within the District in accordance with this report is apportioned by a formula and method which fairly distributes the amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each lot or parcel from the improvements, namely the maintenance and servicing of public landscaping improvements within such District. The maintenance and servicing of public landscaping improvements installed and constructed in public places in the City of Diamond Bar provides a special benefit which is received by each and every lot or parcel within the District, tending to enhance their value. The primary benefits of landscaping are as set forth below: Improved aesthetic appeal of nearby parcels. 2. Improved erosion resistance. 3. Improved dust control. 4. Provides potential playground facilities for neighborhood. 5. Beautifies and makes for safer flood control facilities that would otherwise be unsightly and potentially dangerous. 6. Enhancement of the value of property which results from the foregoing benefits. Existing land use information indicates that all of the parcels within the District are residences. Because the special benefits derived apply equally to all residents and parcels, it has been determined that all assessable parcels would receive the same net assessment. ASSESSMENT The amount to be assessed upon the lots and parcels within the District and the amount apportioned to each assessable parcel within the District is shown in the table below. Net Amount to be Assessed: $ 165,100 Number of Parcels: 1,270 Proposed 1997-98 Assessment Per Parcel: $ 130.00 1996-97 Assessment Per Parcel: $ 130.00 Difference: 3 ASSESSMENT ROLL The individual 1997-98 assessments, tabulated by Assessor's parcel number, are shown on an Assessment Roll on file in the Office of the City Clerk of the City of Diamond Bar as Exhibit "B" and are made a part of this report by reference. Reference is made to the Los Angeles County Assessment Roll for a description of the parcels within the District. (The Assessment Roll is not included in this report due to its volume.) Dated: 1997 GFB-FRIEDRICH & ASSOC., INC. 1� P, fi3l�r��nFyy r O Z T \� NO. 27861 * HN FRI DR CH .�Ix CIVIL 7 EXHIBITS RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE ENGINEER'S REPORT FILED PURSUANT TO SECTION 22623 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE WITH RESPECT TO THE CITY OF DIAMOND BAR ASSESSMENT DISTRICT NO. 39; AND DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR CERTAIN LANDSCAPING MAINTENANCE WITHIN SAID DISTRICT FOR FISCAL YEAR 1997- 98; AND FIXING A TIME AND PLACE FOR A HEARING OF OBJECTIONS THEREON. A. RECITALS. (i) Pursuant to a petition signed by the persons owning all of the parcels subject to the assessment, the City of Diamond Bar Assessment District No. 39 was created pursuant to Part 2 of Division 15 of the California Streets and Highways Code (§§ 22500, et. seq.). (ii) The City Engineer has prepared, filed with the City Clerk and presented to this Council a report relating to said assessment district pursuant to the provisions of the California Streets and Highways Code § 22623. (iii) No substantial changes in existing improvements are proposed for said Assessment District No. 39. (iv) All legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, THE City Council of the City of Diamond Bar does hereby find, determine and resolve as follows: 1. The Recitals, as set forth in Part A of this Resolution, are in all respects true and correct. 2. The above-described report submitted by the City Engineer relating to City of Diamond Bar Assessment District No. 39 is hereby approved as filed. 3. This Council hereby declares its intention to levy and collect assessments during fiscal year 1997-98 pursuant to Part 2 of Division 15 of the Streets and Highways Code of the State of California, known as the "Landscaping and Lighting Act of 1972," within that area designated "City of Diamond Bar Assessment District No. 39," as shown on Exhibit "A-2" attached hereto and incorporated herein by reference. 4. A general description of the improvements proposed for the aforementioned district is as follows: The maintenance and servicing of landscaping and any facilities which are appurtenant thereto or which are necessary or convenient for the maintenance and servicing thereof, including but not limited to, repair, removal or replacement, grading, clearing, removal of debris, pruning, fertilization, pest control and weed control, and the installation or construction of appurtenant facilities, including curbs, gutters, walls, sidewalks or paving, or water, irrigation, drainage, or electrical facilities. Said maintenance and servicing of the landscaping and installation, maintenance and servicing of related work shall be within the area of Assessment District No. 39 as shown on Exhibit "A-2." 5. Reference is hereby made to the report of the City Engineer relating to the said assessment district hereinabove approved. Said report is on file with the City Clerk of the City of Diamond Bar and contains a full and detailed description of the improvements, the boundaries of the assessment district and contains the proposed assessments upon assessable lots and parcels of land within City of Diamond Bar Assessment District No. 39 for fiscal year 1997-98. Said proposed assessment per lot is the amount of $130.00, the same amount which was levied in fiscal year 1996-97. 6. This Council hereby fixes 7:00 p.m. on June 17, 1997 in the South Coast Air Quality Management District Auditorium, 21865 East Copley Drive, Diamond Bar, California, as the time and place for a hearing before this Council on this question of the levy of the proposed assessments on assessable lots with City of Diamond Bar Assessment District No. 39 for fiscal year 1997-98 and hereby gives notice of said hearing. 7. The City Council hereby determines and declares that the proposed assessments constitute a continuation of assessments existing on the effective date of Article XIIID of the California Constitution, that the assessments are imposed pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment was initially imposed and that the assessments are exempt from the requirements of Article XIIID, Section 4 of the California Constitution. 8. The City Clerk shall: (a) Certify to the adoption of this Resolution; and (b) Cause a true and correct copy of this Resolution to be published pursuant to California Government Code § 6061. PASSED, 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 the regular meeting of the City Council of the City of Diamond Bar held on the day of , 1997, by the following Roll Call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Lynda Burgess, City Clerk City of Diamond Bar C:\W%0\LINDAKAY\RESO-97\DISTN39.520 EXHIBIT "A-2" ASSESSMENT DIAGRAM ASSESSMENT DISTRICT N0.39 FISCAL YEAR 1997-98 for the CITY OF DIAMOND BAR GAEL LMr uvtts n M qM1 n f ALFiID YP SHEET10FISHEET FM [AM ,O, DII L.cu�i.Kusuw'L aFKe MENSIONS FOII EACH LOT EER IAFKFL OE UM) WRIIIN fN0 WN ON 1NE ASSFSSM'F IARCFI MAK DH FAE M K LOd ANDELE6 COWTv ASf[KSM E Oi THE CRY CLERK OF THE CRY OF DIAMOND oS ANGELES, STATE OF CALIFORMA, THIS _ u_ CITY CLERK DF THE CITY DF dAMOND - I OF THE COUNTY ALUTDR. COUNTY OF LOS F CALIFORMA, TMS DAY OF — 1S_ CITY CIERA OF TN[ CITY Di .AMOND KAR cr►s rN�i:nKicii ' a atiux., INC. CITY OF DIAMOND BAR AGENDA REPORT AGENDA N0LL TO: Honorable Mayor and Members of the City Council MEETING DATE: May 20,1997 REPORT DATE: May 6,1997 FROM: Terrence L. Belanger, City Manager TITLE: Landscaping Assessment District Number 41 SUMMARY: Pursuant to the City Council's direction of March 4,1997 staff has prepared the Engineer's Report for District Number 41 for the 1997-98 Fiscal Year. Said report has been prepared pursuant to the provisions of the Landscaping and Lighting Act of 1972 of Part 2 of Division 15 of the Streets and Highway Code of the State of Califomia. RECOMMENDATION: It is recommended that the City Council approve the Engineer's Report, adopt the attached Resolution to declare the City's intention to levy and collect assessments for District Number 41 and direct the Citic Clerk to advertise the public hearing before the Council at the second regular meeting of June, 1997. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification Resolution(s) _ Bid Specifications (on file in Cly CWVs Offices _ Ordinances(s) .X Other: Engineer's Repel _ Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed N/A X Yes _ No by the City Atlomey? 2. Does the report require a majority or 415 vote? Majority 3. Has environmental impact been assessed? NIA _Yes X No 4. Has the report been reviewed by a Commission? N/A —Yes X No Which Commission? 5. Are other departments affected by the report? N/A X Yes _ No Report discussed with the followina affected deoarlments: Community Services Terrence L. Belanger City Manager C:IWP60LINDAKAMGEN-971DISTN41.520 rank M. ditWr Assistant City Manager CITY COUNCIL REPORT AGENDA NO. MEETING DATE: May 20,1997 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Landscaping Assessment District Number 41 ISSUE STATEMENT: Pursuant iD the City Council's direction of March 4, 1997, staff has prepared the Engineer's Report for District Number 41 for the 1997-98 Fiscal Year. RECOMMENDATION: It is recommended that the City Council approve the Engineer's Report; adopt the attached Resolution to declare the City's intention to levy and collect assessments for District Number 41, and direct the City Clerk to advertise the pubic hearing before the Council on the question of the levy of the proposed assessments on assessable lots within District Number 41. FINANCIAL SUMMARY: The revenues generated by these Districts are proposed to pay for it There will be no impact on the City's General Funds. BACKGROUNDIDISCUSSION: The attached Engineer's Report forthe City's Landscaping Assessment District Number 41, which is prepared pursuant to provisions of the Landscaping and Lighting Act of 1972 of Part 2 of Division 15 of the Streets and Highway Code of the State of Cakfomia, includes authority for the report, estimated costs of improvements, a diagram for the District and the assessments. The estimated number of parcels within the existing District is 554 parcels. The amount assessed upon the lands within District Number 41 for Fiscal Year 1996-97 was $220.50 per parcel. The amount estimated to be assessed for Fiscal Year 1997-98 is b remain at $220.50 per parcel. The assessments will be utilized towards general maintenance of mini parks, slopes, and open space areas within District 41. This proposed assessment has been determined to be exempt from the provisions of Proposition 218 as set forth in section 5 (b): Any assessment imposed pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment is initially imposed. Prepared By: David G. Liu QXWPMUNDAKAY=R-971D13T#41.52D ENGINEER'S REPORT CITY OF DIAMOND BAR Update of ASSESSMENT DISTRICT NO. 41 Fiscal Year 1997-98 May 20, 1997 Prepared by: GFB-FRIEDRICH & ASSOC., INC. 6529 Riverside Avenue, Suite 230 Riverside, CA 92506 TABLE OF CONTENTS INTRODUCTION BOUNDARIES OF DISTRICT IMPROVEMENTS Landscaping FINANCIAL ANALYSIS Revenue Appropriations METHOD OF APPORTIONMENT ASSESSMENT ASSESSMENT ROLL EXHIBITS Exhibit "A-3" - Assessment Diagram Page 1 2 3 4 5 6 7 INTRODUCTION Pursuant to the order of the City Council of the City of Diamond Bar, this report is prepared in compliance with the requirements of Article 4, Chapter 1, Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of the State of California. This report presents the engineering analysis for the 1997-98 Fiscal Year for the district known as: CITY OF DIAMOND BAR ASSESSMENT DISTRICT NO. 41 (Hereinafter referred to as "District"). This District, by special benefit assessments, provides funding for the maintenance of landscaped areas owned by the City of Diamond Bar which are located in public rights-of-way within the City of Diamond Bar. Section 22573, Landscaping and Lighting Act of 1972, requires assessments to be levied according to benefit rather than according to assessed value. The section states: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated special benefits to be received by each such lot or parcel from the improvements. The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 (commencing with Section 5000)) [of the Streets and Highways Code, State of California]." As the assessments are levied on the basis of benefit, they are considered a special benefit assessment, not a tax, and, therefore, are not governed by Article XIIIA of the California Constitution. Properties owned by public agencies, such as a city, county, state or the federal government, are not assessable by law. BOUNDARIES OF DISTRICT The boundary of the District is shown on the Assessment Diagram n (ofi and din hmensions oe office off all City Clerk at the City Hall of Diamond Bar as Exhibit) parcels of real property included within the District are described in detail on maps on file in the Los Angeles County Assessor's office. 2 IMPROVEMENTS improvements are generally described as the maintenance n mini -parks, landscaped slopes and open Servicing of The proposed landscaping and appurtenant facilities that are located i spaces within the District. Servicing agent for Servicing means the furnishing of electric current or energy, gas or other illuminating S g g landscaping, the lighting or operation of any improvement, and of er f other improvements. rrigat ny p g the operation of any fountains, or the maintenance Maintenance for and usual Maintenance means the furnishing of services dmate ialuding; ls the ordinary maintenance, operation and servicing of anyimprovement, 1. Repair, removal or replacement of all or any part of any improvement. 2_ Providing for the life, growth, health and beauty of landscaping, including cultivation, ispraying, fertilizing, or treating for disease or injury. irrigation, trimming, 3. The removal of trimmings, rubbish, debris and other solid waste. o remove or 4. The cleaning, sandblasting and painting of walls and other improvements t cover graffiti. Plans and Specifications proposed Plans and specifications showing the general y Clerk land tavailab e for public inspection. improvements are on file in the office of the City 3 FINANCIAL ANALYSIS The estimated funding for maintenance and servicing of landscaping for the update of Assessment District No. 41 for the 1997-98 Fiscal Year is as follows: 1997-98 Recommended Budget Revenue: Appropriation Fund Balance (from FY 1996-97) $ 218,731 Property Tax and Assessments 122,157 Interest Revenue 10.000 TOTAL $ 350,888 Appropriations: Personal Services Salaries $ 6,630 City Paid Benefits 100 Benefits 930 Worker's Compensation Expense 270 Medicare Expense 100 Cafeteria Benefits 970 Operating Expenses Utilities 60,000 Maintenance -Grounds & Bldg 10,000 Professional Services 5,700 Contract Services Contract Services 35,400 Weed/Pest Abatement 15,000 Capital Improvements 2,000 Reserves 213,788 TOTAL $ 350,888 4 METHOD OF APPORTIONMENT The net amount to be assessed upon lands within the District in accordance with this report is apportioned by a formula and method which fairly distributes the amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each lot or parcel from the improvements, namely the maintenance and servicing of public landscaping improvements within such District. The maintenance and servicing of public landscaping improvements installed and constructed in public places in the City of Diamond Bar provides a special benefit which is received by each and every lot or parcel within the District, tending to enhance their value. The primary benefits of landscaping are as set forth below: Improved aesthetic appeal of nearby parcels. 2. Improved erosion resistance. Improved dust control. 4. Provides potential playground facilities for neighborhood. Beautifies and makes for safer flood control facilities that would otherwise be unsightly and potentially dangerous. 6. Enhancement of the value of property which results from the foregoing benefits. Existing land use information indicates that all of the parcels within the District are residences. Because the special benefits derived apply equally to all residents and parcels, it has been determined that all assessable parcels would receive the same net assessment. 5 ASSESSMENT The amount to be assessed upon the lots and parcels within the District and the amount apportioned to each assessable parcel within the District is shown in the table below. Net Amount to be Assessed: $122,157 Number of Parcels: 554 Proposed 1997-98 Assessment Per Parcel: $ 220.50 1996-97 Assessment Per Parcel: $ 220.50 Difference: In ASSESSMENT ROLL The individual 1997-98 assessments, tabulated by Assessor's parcel number, are shown on an Assessment Roll on file in the Office of the City Clerk of the City of Diamond Bar as Exhibit "B" and are made a part of this report by reference. Reference is made to the Los Angeles County Assessment Roll for a description of the parcels within the District. (The Assessment Roll is not included in this report due to its volume.) Dated: 1997 GFB-FRIEDRICH & ASSOC., INC. �OFESS/pyq n=Aev NO. 27861 N A. F RI H EXP.: CIVIL / a 7 EXHIBITS SHEET 10F 1 SHEET EXHIBIT "A-3" ASSESSMENT DIAGRAM ASSESSMENT DISTRICT N0.41 FISCAL YEAR 1997-98 for the CITY OF DIAMOND BAR M.E. F.E. .. IS -�. r� IE toil 'oR. I SCALE, .300 ` 1 -ENEEft.` ER �, FILED IN TNT OFFICE OF THE CITY CLERK OF THE CITY K, BAP, COUNTY OF LOS ANGELES STATE OF CALIFORNIA,CALIFORNIA,A, A, THIS IS _ ' OAY OF 19_ • QS CITY CLERK OF THE CIT' OF DIAMOND EAR FILED IN THE OFFICE OF THE COUNTY AUCRTOR. COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, THIS DAY OF 19_ CITY CLERK OF THE CITY OF DIAMOND EAR THE ASSESSMENT NUMEER FOR EACH AACEL w HIN THE OSTRICT IE THE A85FEEOR'S NRCELHNWMPRAE A69H:NE0 N THE COUNTY OF LOS ANGELES AEEEEEOR'S OFFICE. TNM LINES AND DNENSIg1F FDR EACH LOT OR PARCEL OF LAND WITHIN h^ THE DRITRICT ARE EHOwN ON TNM ARESSORi PARCEL MAK ON HLF M THE OFFICE OF THE LOS AREELES COMETY wSSbBpR. t IMP _EY DF & ASSOC. „INCH TNT nn D' nEmEER GFB-FR/EDRI .Do Imo RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE ENGINEER'S REPORT FILED PURSUANT TO SECTION 22623 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE WITH RESPECT TO THE CITY OF DIAMOND BAR ASSESSMENT DISTRICT NO. 41; AND DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR CERTAIN LANDSCAPING MAINTENANCE WITHIN SAID DISTRICT FOR FISCAL YEAR 1997-98; AND FIXING A TIME AND PLACE FOR A HEARING OF OBJECTIONS THEREON. A. RECITALS. (i) Heretofore the City of Diamond Bar Assessment District No. 41 was created pursuant to Part 2 of Division 15 of the California Streets and Highways Code (§§ 22500, et. seq.). (ii) The City Engineer has prepared, filed with the City Clerk and presented to this Council a report relating to said assessment district pursuant to the provisions of the California Streets and Highways Code § 22623. (iii) No substantial changes in existing improvements are proposed for said Assessment District No. 41. (iv) All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION. NOW, THEREFORE, THE City Council of the City of Diamond Bar does hereby find, determine and resolve as follows: 1. The Recitals as set forth in Part A of this Resolution, are in all respects true and correct. 2. The above-described report submitted by the City Engineer relating to City of Diamond Bar Assessment District No. 41 is hereby approved as filed. 1 3. This Council hereby declares its intention to levy and collect assessments during fiscal year 1997-98 pursuant to Part 2 of Division 15 of the Streets and Highways Code of the State of California, known as the "Landscaping and Lighting Act of 1972," within that area designated "City of Diamond Bar Assessment District No. 41," as shown on Exhibit "A-3" attached hereto and incorporated herein by reference. 4. A general description of the improvements proposed for the aforementioned district is as follows: The maintenance and servicing of landscaping and any facilities which are appurtenant thereto or which are necessary or convenient for the maintenance and servicing thereof, including but not limited to, repair, removal or replacement, grading, clearing, removal of debris, pruning, fertilization, pest control and weed control, and the installation or construction of appurtenant facilities, including curbs, gutters, walls, sidewalks or paving, or water, irrigation, drainage, or electrical facilities. Said maintenance and servicing of the landscaping and installation, maintenance and servicing of related work shall be within the area of Assessment District No. 41 as shown on Exhibit "A-3." 5. Reference is hereby made to the report of the City Engineer relating to the said assessment district hereinabove approved. Said report is on file with the City Clerk of the City of Diamond Bar and contains a full and detailed description of the improvements, the boundaries of the assessment district and E contains the proposed assessments upon assessable lots and parcels of land within City of Diamond Bar Assessment District No. 41 for fiscal year 1997-98. Said proposed assessment per lot is the amount of $220.50, the same amount which was levied in fiscal year 1996-97. 6. This Council hereby fixes 7:00 p.m. on June 17, 1997 in the South Coast Air Quality Management District Auditorium, 21865 East Copley Drive, Diamond Bar, California, as the time and place for a hearing before this Council on this question of the levy of the proposed assessments on assessable lots with City of Diamond Bar Assessment District No. 41 for fiscal year 1997-98 and hereby gives notice of said hearing. 7. The City Council hereby determines and declares that the proposed assessments constitute a continuation of assessments existing on the effective date of Article XIIID of the California Constitution, that the assessments are imposed pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment was initially imposed and that the assessments are exempt from the requirements of Article XIIID, Section 4 of the California Constitution. 8. The City Clerk shall: (a) Certify to the adoption of this Resolution; and (b) Cause a true and correct copy of this Resolution to be published pursuant to California Government Code § 6061. 3 contains the proposed assessments upon assessable lots and parcels of land within City of Diamond Bar Assessment District No. 41 for fiscal year 1997-98. Said proposed assessment per lot is the amount of $220.50, the same amount which was levied in fiscal year 1996-97. 6. This Council hereby fixes 7:00 p.m. on June 17, 1997 in the South Coast Air Quality Management District Auditorium, 21865 East Copley Drive, Diamond Bar, California, as the time and place for a hearing before this Council on this question of the levy of the proposed assessments on assessable lots with City of Diamond Bar Assessment District No. 41 for fiscal year 1997-98 and hereby gives notice of said hearing. 7. The City Council hereby determines and declares that the proposed assessments constitute a continuation of assessments existing on the effective date of Article XIIID of the California Constitution, that the assessments are imposed pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment was initially imposed and that the assessments are exempt from the requirements of Article XIIID, Section 4 of the California Constitution. 8. The City Clerk shall: (a) Certify to the adoption of this Resolution; and (b) Cause a true and correct copy of this Resolution to be published pursuant to California Government Code § 6061. 3 PASSED, ADOPTED AND APPROVED this day of , 1997. Mayor EXHIBIT "A-3" ASSESSMENT DIAGRAM ASSESSMENT DISTRICT N0.41 FISCAL YEAR 1997-98 for the CITY OF DIAMOND BAR TM RSt[SSYtN:NwBfR FDR [wCN LO IAPCFi W DiSTw[i K !K 65[SSDP'S PRRCEi N T RRRB R66iGnED S� ln[ CONnTr V lOB ANSt[[6 A66E65d1'6 d�[EE r PMt AND pip[Nvont sOR fRCN[OT WPRRCEIMUND wiTN�N TK DKTR�[TRPf µO TK RSSESSM't LRRH MRK ON Fitt �N TK dfNa a iK l06 — ANC[i[b C-11 RSSESSORC L. SHEET I OF I SHEET LVED EN mt MHct M THE aTr CLERE or TK aTr a aAAEorro BAR. COUNTv OL LDS ANDflLS, STATE a CAL■OS A, T S DAY M B_ 9T CLERL Of THE cnT or dAMOND SRR HIED IN TNf MHC[ M TK COUNTY AMTOR, CoE v M LOS ANO A. STATE Of LRLNOMVA. 1NIS 1B DAV M aTv CEERt M -- c— Of dANiDNO BAR TR CfO Coln. O w OUA10 W w [G8A,11-1 AGENDA REPORT AGENDA NO.: TO: Honorable Mayor and Members of the City Council MEETING DATE: May 20, 1997 REPORT DATE: May 1, 1997 FROM: Terrence L. Belanger, City Manager TITLE: Award of Contract for Construction/Retrofit of Handicap Access Ramps in the City of Diamond Bar Professional Inspection Services. SUMMARY: At the April 1, 1997 City Council meeting, Council adopted Resolution No. 97-24 approving specifications for the Construction/Retrofit of Handicap Access Ramps in the City of Diamond Bar. On May 2, 1997, the Department of Public Works solicited proposals for Professional Inspection Services for the Construction/Retrofit of Handicap Access Ramps in the City of Diamond Bar. Four (4) proposals were received on May 9, 1997 and Hall and Foreman, Inc. was the lowest responsible bidder. RECOMMENDATION: That the City Council receive the bids and award the proposed inspection service contract to Hall & Foreman, Inc. for Professional Inspection Services for the Construction/Retrofit of Handicap Access Ramps in the City of Diamond Bar, in an amount not to exceed $3,700.00 Furthermore, it is recommended that the Council authorize a contingency amount of $500.00 for project change orders to be approved by the City Manager, for a total authorization amount of $4,200.00. LIST OF ATTACHMENTS: X Staff Report _ Resolution(s) _ Ordinances(s) x Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: Public Hearing Notification X Bid Proposals (on file in City Clerk's Office) Other 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? 2. Does the report require a majority or 4/5 vote? 3. Has environmental impact been assessed? 4. Has the report been reviewed by a Commission? Which Commission? 5. Are other departments affected by the report? Report discussed with the following affected departments: Community Development Dept. & City Manager REVIEWED BY: Terrence L. Belanger City Manager Frank M. Usher Assistant City Manager X Yes No Majority _ Yes X No Yes X No X Yes —No l�David G. Liu Deputy Director of Public Works CITY COUNCIL REPORT AGENDA NO. MEETING DATE: May 20, 1997 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Award of Contract for Construction/Retrofit of Handicap Access Ramps in the City of Diamond Bar Professional Inspection Services. ISSUE STATEMENT The City proposes to award a contract for professional inspection services for the Construction/Retrofit of Handicap Access Ramps in the City of Diamond Bar to Hall & Foreman, Inc. the lowest responsible bidder. RECOMMENDATION That the City Council receive the bids and award the proposed contract to Hall & Foreman, Inc. for the Construction/Retrofit of Handicap Access Ramps in the City of Diamond Bar in an amount not to exceed $3,700.00 Furthermore, it is recommended that the Council authorize a contingency amount of $500.00 for project change orders to be approved by the City Manager, for a total authorization amount of $4,200.00. FINANCIAL SUMMARY $37,000.00 of CDBG federal funds has already been approved and incorporated into the FY 1996-97 budget for the constructionlretrofit of handicap access ramps project. BACKGROUND/DISCUSSION At the April 1, 1997 City Council meeting, Council adopted Resolution No. 97-24 approving specifications for the ConstructionMetrofit of Handicap Access Ramps in the City of Diamond Bar. On May 2, 1997, the Department of Public Works solicited proposals for Professional Inspection Services for the Construction/Retrofit of Handicap Access Ramps in the City of Diamond Bar. Four (4) proposals were received on May 9, 1997 and Hall and Foreman, Inc. was the lowest responsible bidder. The bids received were as follows: COMPANY BID AMOUNT 1. Hall & Foreman, Inc. $3,700.00 2. Charles Abbott Associates $4,500.00 3. GFB-Friedrich & Associates $5,504.00 4. Dewan, Lundin & Associates $5,865.00 The firms were asked to identify their scope of work and anticipated number of hours per day to provide adequate oversight and observation. Based on these responses, the four proposals were reviewed and compared to determine the most qualified firm. Included in their scope of work are: participation in the pre -construction meeting, construction observation and oversight (particularly sawcuts, subgrades, forms, slope requirements, finished surface), preparation of punch -list and recommendation for City's final acceptance. Hall & Foreman, Inc. has complied with all CDBG regulations and has signed the attached CDBG Consulting Services Agreement. Prepared By: Rose E Manela AGREEMENT FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CONSULTING SERVICES THIS AGREEMENT is made as of May 20. 1997 by and between the City of Diamond Bar, a municipal corporation ("City") and Ball & Forman- Inc_ ("Consultant"). RECITALS A. City desires to utilize the services of Consultant as an independent contractor to provide consulting services to City as set forth in Exhibit "A", the City's Request for Proposals dated May 2 - 1997. B. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: 1. Consultant's Services. A. Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit "B" the Consultant's Response, dated May 9 , 1997 to the City's Request for Proposals. B. Level of Services/Time of Performance. The level of and time of the specific services to be performed by Consultant are as set forth in Exhibit "B." 2. Term of Agreement. This Contract shall take effect Mw -2&, , 1997, and shall continue until hAy 2- 1997 unless earlier terminated pursuant to the provisions herein. 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the schedule set forth in Exhibit "B." Payment will be made only after submission of proper invoices in the form specified by City. Total payment to Consultant pursuant to this Agreement shall not exceed nm Thousand Seven Himdmd dollars ($-3jQQ,2L)• 4. General Terms and Conditions. In the event of any inconsistency between the provisions of this Agreement and Consultant's proposal, the provisions of this Agreement shall control. 5. Addresses. City: City Manager Consultant: City of Diamond Bar 21660 East Copley Drive Suite 100 Diamond Bar, California 91765-4177 Hall & Foreman, Inc. 13821 Newport Ave., Suite 200 Tustin, CA 92680-7803 6. Status as Independent Consultant. A. Consultant is, and shall at all tunes remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall filly comply with the workers' compensation law regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. 7. Standard of Performance. Consultant shall perform all work at the standard of care andskill ordinarily exercised by members of the profession under similar conditions. 8. Indemnification. Consultant agrees to indemnify the City, its officers, agents, volunteers, employees, and attorneys against, and will hold and save them and each of them harmless from, and all actions, claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of the acts, errors or omissions of Consultant, its agents, employees, subcontractors, or invitees, including each person or entity responsible for the provision of services hereunder. In the event there is more than one person or entity named in the Agreement as a Consultant, then all obligations, liabilities, covenants and conditions under this Section 8 shall be joint and several. 9. Insurance. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company admitted to do business in California and approved by the City (1) a policy or policies of broad -form comprehensive general liability insurance with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00; (3) automotive liability insurance, with minimum combined single limits coverage of $500,000.00; (4) professional liability insurance (errors and omissions) to cover or partially cover damages that may be the result of errors, omissions, or negligent acts of Consultant, in an amount of not less than $1,000,000 per occurrence; and (5) 2 worker's compensation insurance with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. City, its officers, employees, attorneys, and volunteers shall be named as additional insureds on the policy(ies) as to comprehensive general liability, property damage, and automotive liability. The policy (ies) as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. A. All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage. B. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement; shall be issued by an insurance company which is admitted to do business in the State of California or which is approved in writing by the City; and shall be placed with a current A.M. Best's rating of no less that A VII. C. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (2) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less that one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement", or a substantially similar form which the City has agreed in writing to accept. 10. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Consultant prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Consultant's prior written consent, use the same for other unrelated projects. 11. Ownership of Materials. All materials provided by Consultant in the performance of this Agreerrrent shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. 12. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, director or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 13. Termination. Either party may terminate this Agreement with or without cause upon fifteen (15) days' written notice to the other party. However, Consultant shall not terminate this Agreement during the provision of services on a particular project. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services. 14. Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City's premises. 15. Non -Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. The CONSULTANT will take affirmative action to ensure that applicants are employed, and that employees are treated during employments without regard to their race, creed, sex, color or national origin. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the CITY setting forth the provisions of this non-discrimination clause. B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. D. The consultant will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. E. The CONSULTANT will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the CITY and the Secretary of 4 Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. F. In the event of the CONSULTANTS non-compliance with the equal opportunity clauses of the Agreement or with any such rules, regulations or orders, this Agreement may be cancelled, terminated, or suspended in whole or in part and the CONSULTANT may be declared ineligible for further government contracts in acordance with prowdures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation, or as otherwise provided by law. G. The CONSULTANT will include the provisions of paragraphs (a) through (f) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The CONSULTANT will take such action with respect to any subcontract or purchase order as the CITY may direct as a means of enforcing such provisions including sanctions for non-compliance; provided, however, that in the event the CONSULTANT becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such directions by the CITY, the CONSULTANT may request the United States to enter into such litigation to protect the interests of the United States. 16. Civil Rights Act of 1964. Under Title VI of the Civil Rights Act of 1965, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. 17. Section 109 of the Housing and Community Development Act of 1974. No person in the United Sates shall, on the grounds of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. 18. Age Discrimination Act of 1975 and Rehabilitation Act of 1973. Any prohibition against discrimination of the basis of age under the Age Discrimination Act of 1975, or with respect to an otherwise qualified handicapped individual, as provided in Section 504 of the Rehabilitation Act of 1973, shall also apply to any such program or activity. 19. "Section 3" Compliance in the Provision of Training, Employment and Business Opportunities. A. The work to be performed under this Agreement is on a project assisted under a program providing direct federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. Section 3 requires that, to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the project area and contract for work in connection with the project be awarded to business concerns which are located in or owned in substantial part by persons residing in the area of the project. B. The parties to this Agreement will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this Agreement. The parties to this Agreement certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. C. The CONSULTANT will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, in any, a notice advising the said labor organization of workers' representatives of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization of workers' representatives of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. D. The CONSULTANT will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations under 24 CFR Party 135 will not let any subcontract unless subcontractor has first provided him with a preliminary statement of ability to comply with the requirements of these regulations. E. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of the contract, shall be a condition of the federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors, and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its contractors and subcontractor, its successors and assigns to those sanctions specified by the grant or loan agreement or contract through which federal assistance is provided, and to such sanctions as are specified by 24 CFR Part 135. 20. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 21. Performance Evaluation. For any contract in effect for twelve months or longer, a written annual administrative performance evaluation shall be required within ninety (90) days of the first anniversary of the effective date of this Amt, and each year dx=afker throughout the term of this Agreement. The work product required by this Agreement shall be utilized as the basis for review, and any comments or complaints received by City during the review period, either orally or in writing, shall be considered. City shall meet with Consultant prior to preparing the written report. If any noncompliance with the Agreement is found, City may direct Consultant to correct the inadequacies, or, in the alternative, may terminate this Agreement as provided herein. 22. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 23. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 24. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or NOW Hall & foreman, Inc. Nair a Civil Engineering • Planning • Surveying • Public Works May 9, 1997 Ms. Rose Manela City of Diamond Bar 21660 East Copley Drive, Suite 100 Diamond Bar, CA 91765-4177 Subject: Fee Proposal for Inspection Services for 1996-97 CDBG Construction/Retrofit of Handicap Access Ramps in Diamond Bar Dear Ms. Manela: Hall & Foreman, Inc. is pleased to provide this letter proposal for the subject project. We have reviewed the Project Specifications and discussed the parameters of the services to be provided with you. It should be noted that the APWA Standards referred to in the Project Specifications do not meet current ADA requirements. Current standards call for the use of truncated domes in certain situations and the deletion of the scoring in the middle of the ramp. Every attempt should be made to not exceed the maximum ramp slopes suggested by ADA. The City has the authority to waive the requirements where, due to physical constraints, the site of the project would not allow compliance without creating an unreasonable hardship. The definition of "unreasonable hardship" should be determined by the City prior to construction marking. The construction package requires the contractor to select the type of ramp to be placed at each location. We believe it is in the best interest of the City to have either city staff or the inspector determine the proper ramp type for each location. The contractor may be tempted to choose the ramp which requires the minimal amount of removals and construction, which may not be the ramp that best meets the ADA requirements. In order to remain competitive we will provide a fee estimate for strictly oversight and observation and another fee estimate which includes selection of ramp type for each location. PROPOSED SCOPE OF SERVICES Option 1 Attend preconstruction meeting. Oversight and Observation of construction including three separate site visits: 1. Check sawcut lines 2. Check subgrade and forms prior to placement of concrete 3. Check finish surface of each ramp and cleanup of site 13821 Newport Avenue Suite 200 Tustin, California 92780-7803 Tel 714;544-3404 Fax 714!544-3155 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. 7.1 TO: Honorable Mayor and Council Members MEETING DATE: May 20,1997 REPORT DATE: May 16,1997 FROM: Terrence L Belanger, City Manager TITLE: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ENACTING VOLUNTARY EXPENDITURE CEILINGS FOR CITY ELECTIONS SUMMARY: On May 6,1997, the City Council adopted a Resolution establishing the number of residents of the City for the purpose of deterrnining Voluntary Expenditure Ceilings relating to campaign fund raising and expenditures for the November 4, 1997 General Municipal Election. At that time, the Council agreed to continue the discussion regarding adoption of an Ordinance setting the amount of the Voluntary Expenditure Ceiling Limits to this meeting. Should the Ordinance be introduced tonight, second reading would be held on June 3, 1997 with the effective date of the Ordinance to take place on July 3, 1997. RECOMMENDATION: It is recommended that the City Council direct staff as necessary. LIST OF ATTACHMENTS: Staff Report _ Public Hearing Notification _ Resolution(s) _ Bid Specification (on file in City Clerk's office) X Ordinance(s) _ Other: _ Agreement(s) 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 vote? X Yes _ No 3. Has environmental impact been assessed? N/A _ Yes _ No 4. Has the report been reviewed by a Commission? N/A _ Yes _ 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 City Manager Frank M. sher LyrKra Burgess Assistant City Manager City Clerk ORDINANCE NO. (1997) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ENACTING A VOLUNTARY EXPENDITURE CEILING FOR CITY ELECTIONS THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES HEREBY ORDAIN AS FOLLOWS: Section 1: "The California Political Reform Act of 1996" passed by the voters as Proposition 208 on November 5, 1996, permits cities to establish voluntary expenditure ceilings for candidates for elective office and the controlled committees of such candidates. Pursuant to California Government Code Section 85400(c), effective January 1, 1997, such a local voluntary expenditure ceiling may be established in any amount not to exceed one dollar ($1) per resident of the jurisdiction. Section 2: Chapter 2.06 is hereby added to Title 2 of the Diamond Bar City Code, to read as follows: "Chapter 2.06. City Council Election Campaigns. Sec. 2.06.10. Voluntary Expenditure Ceiling. (a) Pursuant to Government Code Section 85400(c), a voluntary expenditure ceiling is hereby established for each election for Member of the City Council in an amount equal to one dollar ($1) per resident of the City. (b) The City Council shall determine the number of residents in the City for the purposes of this Section by resolution adopted not less than seven (7) months prior to each regular City election. The time frame specified in this subsection (b) shall not apply to the November 4, 1997 general municipal election. (c) Prior to accepting any contributions after the effective date of this ordinance, each candidate for City Council shall file with the City Clerk a statement of acceptance or rejection of the voluntary expenditure ceiling established herein. (d) No candidate for Member of the City Council who accepts the voluntary expenditure ceiling established herein and no controlled campaign committee of such a candidate shall make campaign expenditures cumulatively in excess of the voluntary expenditure ceiling established herein. (e) Each candidate for Member of the City Council who rejects the voluntary expenditure ceiling established herein shall be subject to the contribution limit set forth in Government Code Section 85301, as the same may be amended from time to time. (f) Each candidate for Member of the City Council who accepts the voluntary expenditure ceiling established herein shall be subject to the contribution limit set forth in Government Code Section 85402, and not the contribution limit set forth in Government Code Section 85301, as either section may be amended from time to time. In addition, as to each such candidate the City Clerk shall: 1. Cause to be printed in the City sample ballot materials, at the option of the candidate, a candidate's statement at no charge to the candidate, including one translation thereof, if requested or required by law. 2. Provide notification to voters that the candidate has accepted the voluntary expenditure ceiling established herein, as required by Government Code Section 85602 and any applicable regulations. (g) Except as provided herein, the provisions of the California Political Reform Acts of 1974 and 1996, Government Code Sections 81000, et seg. (collectively, "the Acts"), and applicable regulations adopted pursuant thereto, as the same may be amended from time to time, shall govern the interpretation and application of this Section. (h) The penalties and remedies for violations of this Section shall be those set forth in the Acts. Section 3. The City Council finds that it is necessary to give full effect to its provisions and to avoid conflict with the provisions of Proposition 208, "The California Political Reform Act of 1996," which was approved by the voters on November 5, 1996 and which took effect on January 1, 1997. Proposition 208 establishes a system of contribution limits that took effect January 1, 1997, the level of which will be affected by the adoption of this Ordinance. Further, Proposition 208 established a campaign fundraising period which begins on May 4, 1997. Such limits, and this Ordinance, will apply to City elections to be held on November 4, 1997. Significant administrative and criminal penalties may be imposed for violations of such limits. Section 4. The City Clerk shall cause this Ordinance to be published at least once in a newspaper of general circulation published and circulated in the City within fifteen (15) days after its passage, in accordance with Section 36933 of the Government Code, shall certify to the adoption of this ordinance, and shall cause this ordinance and her certification, together with proof of publication, to be entered in the Book of Ordinances of the Council of this City. PASSED, APPROVED and ADOPTED this 20th day of May, 1997. Mayor I, Lynda Burgess, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the _ day of , 1997, and was finally passed 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: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAINED: COUNCILMEMBERS: ATTEST: City Clerk of the City of Diamond Bar 3 CITY OF DIAMOND BAR �7 AGENDA REPORT AGENDA NO. / TO: Terrence L. Belanger, City Manager MEETING DATE: May 20, 1997 REPORT DATE: May 16, 1997 FROM: James DeStefano, Community Development Director TITLE: CONSIDERATION OF O O��S � T�oI'I��GCATIONRFACILITIESTORIUM ON LAND USE ENTITLEMENT SUMMARY: On May 6, 1997 the City Council directed the preparation of a draft urgency ordinance establishing a moratorium on the issuance of permits for wireless telecommunication facilities. The issue before the City Council is whether or not to enact the proposed ordinance. RECOMMENDATION: It is recommended that the City Council consider the urgency ordinance and direct staff as appropriate. LIST OF ATTACHMENTS:X Staff Report _ Public Hearing Notification Resolution(s) _ Bid Specification (on file in City Clerk's Office) X Ordinances(s) — Agreement(s) X Wireless Telecommunication Facilities Map 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? 4X Yes No 3. Has environmental impact been assessed? — — 4. Has the report been reviewed by a Commission? — Yes X No Which Commission? 5. Are other departments affected by the report? —Yes X No Report discussed with the following affected departments: REVIEWED BY: Terrence L. Belanger City Manager Frank M. Sher James DeStefano Assistant City Manager CommunityDevelop ent Director CITY OF DIAMOND BAR MEMORANDUM TO: Mayor and City Council Members VIA: Terrence L. Belanger, City Manager FROM: James DeStefano, Community Development Dire 4SUBJECT: CONSIDERATION OF AN ORDINANCE ESTABLISHING A NOIAORIUM ON LAND USE ENTITLEMENTS FOR WIRELESS TELECOMMUNICATION FACILITIES DATE: May 15, 1997 BACKGROUND: On May 6, 1997 the City Council directed the preparation of a draft urgency ordinance establishing a moratorium on the issuance of permits for wireless telecommunication facilities. The issue before the City Council is whether or not to enact the proposed ordinance. DISCUSSION: There are presently seventeen wireless communication facilities constructed or approved within the City. Two applications are pending to upgrade or expand facilities at existing sites. In addition, development applications are in process for proposed facilities at two new locations. Inquires and applications continue regarding the siting of wireless telecommunications facilities within the City of Diamond Bar. The City does not presently have coordinated or detailed requirements responding to issues related to the placement, location, and design of such facilities. Project applications are reviewed on a case by case basis. All applications for wireless telecommunication facilities require Development Review approval and most require Conditional Use Permit approval, however, there are no standards or guidelines responding to this rapidly growing land use. The City is currently in the process of preparing a comprehensive Development Code, scheduled for adoption in December 1997, which will include regulation addressing the placement of these facilities. The proposed interim ordinance would guide the development of wireless telecommunication facilities for the City until such time as amendments to the existing Zoning Ordinance are adopted and effective. Memorandum to Mayor and City Council May 15, 1997 page 2 The proposed interim ordinance, as crafted, would prohibit consideration of all four pending and any new application for wireless facilities until such time as a new ordinance is adopted and effective. The City Council may wish to examine the effect the proposed ordinance will have upon the pending projects (see map exhibit for listing and location). Exemptions include the construction of facilities for which approval was received, and made effective, prior to the establishment of the proposed ordinance. In accordance with Section 65858 of the Government Code the urgency ordinance requires approval by a four-fifths vote of the City Council. The interim ordinance shall be of no further force and effect forty-five (45) days from its date of adoption. Upon conclusion of a noticed public hearing the Council may, by a four-fifths vote, extend the interim ordinance. The City Attorney and staff have prepared the attached draft urgency ordinance as a result of comments and direction received at the City Council meeting of May 6, 1997. The Council may consider and modify the proposed urgency ordinance as deemed appropriate. RECOMMENDATION: It is recommended that the City Council consider adoption of the urgency ordinance and direct staff as appropriate. Attachments - Proposed Urgency Ordinance - Wireless Telecommunication Facilities Map TB/JDS:dbm ORDINANCE NO. AN ORDINANCE OF THE CITY OF DIAMOND BAR ESTABLISHING A MORATORIUM ON LAND USE ENTITLEI(ENTS FOR WIRELESS COMMUNICATION FACILITIES AND DECLARING THE URGENCY THEREOF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES HERESY ORDAIN AS FOLLOWS: Section 1. Findings. A. Wireless telecommunications is a rapidly growing and developing technology that has led to a significant demand for wireless communication towers, antennas, related equipment and facilities within the City of Diamond Bar. There are presently seventeen wireless telecommunication facilities constructed or approved within the City of Diamond Bar, including both monopole facilities and roof -mounted facilities; B. The City presently requires development review approval for every proposed wireless telecommunication facility. In addition conditional use permit approval is required for all wireless communication facility applications proposed within Agricultural, Residential, and certain Commercial and Industrial zones. Wireless telecommunication facilities and towers are permitted by right within the Restricted Heavy Manufacturing zone. The City does not have any detailed standards to properly regulate and control the location, placement, and design of such facilities; C. Due to evolving technology and changes in federal regulations in the wireless communications industry, the'demand for new and modified wireless communication facilities will continue to occur and proliferate within the near future; D. Evolving technology and transmitting needs have resulted in continuing changes and adaptations in the design and appearance of wireless communication facilities, and these circumstances have created a need to study the type of wireless communication facilities that are anticipated to be proposed and their impacts on the community, and to further determine how these facilities may best be regulated and controlled to protect the public health, safety, and welfare within the limits of current State and Federal laws and regulations; E. One of the stated goals of the Diamond Bar General Plan is to assure an appropriate balance of land uses with respect to the location, intensity and quality of development; the adoption of this ordinance will serve to advance l:\v0L1\MJ\D8NMA7 the achievement of this goal as well as other goals of the General Plan; F. Based on the statements cited above, the City Council believes that the current zoning regulations do not provide sufficient standards to properly regulate and control wireless communication facilities; and that a need therefore exists to develop a new comprehensive ordinance to ensure that wireless communication facilities are properly located, designed, and screened, and that proper conditions are placed on the construction and operation of such facilities; G. Consideration of further applications for new or modified wireless communication facilities prior to the adoption of such an ordinance could result.in negative impacts that might otherwise be avoided or be more effectively mitigated, and therefore consideration of further applications should be discontinued until such time as a new ordinance is adopted; H. Based on the statements cited above, the City Council finds that the current absence of controls on the design and construction of wireless communication facilities poses an immediate threat to the public health, safety, and welfare, and that the establishment of new and modified wireless.communication facilities would result in that threat to the public health, safety, and welfare; I. It is the intent of the City Council to establish a moratorium on new and modified wireless communication facilities by means of adopting this ordinance as an interim urgency ordinance pursuant to the provisions of Government Code Section 65858. it is intended that this moratorium remain in effect only until such time as other permanent zoning measures may be studied, considered,and adopted. Section 2. M._ora%or_ ium declared. Except as otherwise provided in Section 4 hereof, the City of Diamond Bar hereby declares a moratorium on the issuance of building,permits, grading permits, conditional use permits, variances, zone changes, and any other development permits and entitlements for the use, development or modification of wireless communication facilities within the City. .Section 3. Moratorixm defin d. Except as otherwise provided in Section a hereof, notwithstanding any other ordinance or Code of the City of Diamond Bar, no application for a building permit, grading permit, demolition permit, conditional use permit, variance, zone change, development permit or other permit or entitlement 'for establishment, development, use or modification of wireless communication facilities shall be accepted, processed or issued; no environmental.assessment, environmental impact report, negative declaration or categorical exemption shall be prepared in connection with any such -2 - W \vat MA00 0 application, permit or entitlement; and no building, structure, or facility shall be constructed, reconstructed, established, erected or placed during the term of the moratorium declared in Section 2 hereof. For purposes of this ordinance, a "wireless communication facility" is defined as a structure that supports commercial antennae, microwave dishes and/or other related equipment that sends and/or receives radiofrequency sie structure or whether mounted on the ground or on any portion building. erection 4. yxe7wtjons. The moratorium or limitation provided for in sections 2 and 3 hereof shall not be applicable to any of the (a) Repairs or maintenance of existing structures or facilities within the original footprint of the existing facilities and which do not increase the facility size or height; (b) Establishment or construction of facilities for which final approval was received by thePlanning ctor and commission or the Community Development effective prior to the effective date of this ordinance; (c) Minor modifications to an existing structure or facility required by law to be const ucted in order for the structure or facility to comply wiicable fire, building or other safety requirements. Nothing contained in this section shall exempt or except any exempt construction or use from any requirement or regulation of the Building Code, Zoning Ordinance, or other ordinance of the city of Diamond Bar. In the event that Mork is permitted to proceed under the terms of this ordinance, all required permits shall be posted on site. severability. If any part or provision of �� this Ordinance, or the application to any person or circumstance, is held invalid, the remainder of the Ordinance, including the application of such part or provision to other persons or ull force andneffect shall thiseend, thedand shall provisions of thisein ordinance force and are severable. section _6, Penalty. violation of any provision of be this ordinance shall constitute a misdemeanor and shall me punishable by a fine not to exceed $l,000 or by imprisonment such County jail for not to exceed six (6) months, or by fine and imprisonment. Each and every day such a violation exists shall constitute a separate and distinct violation of f this ordinance. In addition to the foregoing, any is -3- l:\V0Li\NJ\080WAT MINUTES OF REGULAR MEETING OF THE BOARD vF uimcvTvmo REDEVELOPMENT AGENCY OF THE CITY OF DIAMOND BAR MAY 6, 1997 Vpll CALL TO ORDER: Chairman Werner 2. ROLL CALL: Agency Members Ansari, Harmony, Herrera, Vice Chairman Huff, Chairman Werner Also present were: Terrence L. Belanger, Executive Director; Frank Usher, Assistant City Manager; Amanda Susskind, Assistant Agency Attorney; James DeStefano, Community Development Director; George Wentz, Public Works Director; Bob Rose, Community Services Director and Lynda Burgess, Agency Secretary. 2. PUBLIC COMMENTS: Jack Gutowski suggested consideration of a policy barring staff and Council Members from benefiting for some period of time from the Redevelopment Agency after terminating their employment relationships with the City. C/Werner asked ED/Belanger to provide a response to Mr. Gutowski's comment at the next scheduled meeting. 3. CONSENT CALENDAR: AM/Herrera moved, VC/Huff seconded to approve the Consent Calendar. Motion carried by the following Roll Call vote: AYES: AGENCYMEMBERS - Ansari, Herrera, VC/Huff, C/Werner NOES: AGENCYMEMBERS - Harmony ABSENT: AGENCYMEMBERS - None 3.1 APPROVED MINUTES - Regular Meeting of April 15, 1997 as submitted. 3.2 APPROVED VOUCHER REGISTER - dated May 6, 1997 in the amount of $38,344.80. 4. PUBLIC HEARINGS: None 5. OLD BUSINESS: 5.1 ADOPTED RESOLUTION NO. R-97-08: A RESOLUTION OF THE DIAMOND BAR REDEVELOPMENT AGENCY APPROVING ADVANCE AND REIMBURSEMENT AGREEMENT NUMBER 3 WITH THE CITY OF DIAMOND BAR - AM/Ansari moved, AM/Herrera seconded to (a) adopt Resolution No. R-99-08 approving Advance and Reimbursement Agreement No. 3 with the City of Diamond Bar in the amount of $50,000; (b) approve adjustment in the budget for FY 1996-1997 adding $25,000 to the Advertising account and adding $20,000 to the Legal Services account; (c) approve amendment to the professional services agreement with Rosenow, Spevacek Group, Inc. (R.S.G.), increasing the contract amount by $25,000 to a total of $100,980. Motion carried by the following MAY 6, 1997 PAGE 2 REDEV. AGENCY Roll Call vote: AYES: AGENCYMEMBERS - Ansari, Herrera, VC/Huff, C/Werner NOES: AGENCYMEMBERS - Harmony ABSENT: AGENCYMEMBERS - None 6. NEW BUSINESS: None 7. AGENCY MEMBER COMMENTS: None 8. AGENCY SUB -COMMITTEE REPORTS: None 9. ADJOURNMENT: There being no further business to conduct, Chair/Werner adjourned the Redevelopment Agency meeting at 11:35 p.m. LYNDA BURGESS, Agency Secretary ATTEST: Chairman DIAMOND BAR REDEVELOPMENT AGENCY INTEROFFICE MEMORANDUM TO: Chairman Werner and Board of Directors FROM: Linda G. Magnuson, Accounting Manager SUBJECT: Voucher Register, May 20, 1997 DATE: May 15, 1997 Attached is the Voucher Register dated May 20, 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 totalling $19,275.86 is hereby allowed from the Diamond Bar Redevelopment Agency Fund. APPROVED BY: Linda G. M uson Accounting Manager Gary H. Werner Chairman Ter ence L. BEAanger Robert S. Huff Executive Director Vice Chairman ^;UN T mE7 .:747 -`ii°, U - - - - DUE THPU.............0512w, 7 VENDOR NAME VENDOR 1D. PREP.AID b ACCOUNT PROJ.TK-NO BATCH PO.LINE/NO. ENTRY/DUE INVOICE CtbCRIF'TION AMOUNT DATE ,CHEC ------------------------------------------------------------------------------------------------------------ Clearwater Baqel Clearwater D. B. Tmprovement Assoc. DBIA *002-4110-2115 2 70520E 01/5503 05/14 05/14 1242 Day & Night Copy Center Day&Night *002-4110-2110 4 705�'OE 01/5755 05/14 05/10 0320 *002-4110-2110 7 10520E 05/14 05./20 0320 *002-4110-2110 8 70520E 05114 05/20 0320 *002-4110-2110 6 70520E 01/51153 05/14 05/20 0333 L.A. County Auditor - LACAudCntl *002-4110-4000 12 70520E 01/5775 Maybees Maybees Richards Watson & Gershon RichardsWa *002-4110-4020 2 70520E 01!5300 05,15 05/15, 97057 05/15 05!20 51665 TOTAL PREPAID AMOUNT ----} 0.00 TOTAL .DUE VENDOR --------} !1. (IX) TownHallMtg-Ad 420.00 TOTAL DUE VENDOR --------) 420.00 Copies-RDAPrelimReprts 320.00 Copies-RDAPrelimRprt 320.00- Copies-RDAPrelimRprt 235.39 Copies-RDAPrelimRprt 1,550.14 TOTAL DUE VENDOR --------) 1,785.53 Base'fr Assessed Valuation 6,460.44 TOTAL DUE VENDOR --------) 6,460.44 TOTAL PREPAID AMOUNT ----} 0.00 TOTAL DUE VENDOR --------} 0.00 LegalSvcs-Rdvlpmnt 10,609.39 TOTAL DUE VENDOR --------) 10,609.89 TOTAL PREPAID -----------) 0.00 TOTAL INE ---------------} 19,275.36 TOTAL REPORT ------------} 15,275.86 4 4 D 1 7 m❑ :'i d o a r A 4* RUN TIME: 16:47 05/15/97 V 0U C H E R R E G I S T E R. PAGE 1 FUND SUMMARY REPORT [SUE THRU............. 05:201?? DISBURSE GiL GJE WILL PAST GJE HAS POSTED FUTURE TRANSACTIONS FUND TOTAL DIRECT PAY REVENUE EXPENSE REVENUE EXPENSE REVENUE EXPENSE ----------------------------------------------------------------------------------------------------------------------•-------------- 002 1?, 275. S6 1'a um TOTAL-----------------------------------------------------------=------------------------------------ ALL FUNDS 1a,27l s 19,275.86 TO: Honorable Chairman and Agency Members FROM: Terrence L. Belanger, Executive Director DATE: May 20, 1997 SUBJECT: Resolution Approving the Report to City Council on the proposed Redevelopment Plan for the Diamond Bar Economic Revitalization Area and Authorizing Transmittal to the City Council, and related actions Recommendation: That the Diamond Bar Redevelopment Agency ("Agency") adopt a resolution approving the Report to City Council ("Report to Council") in connection with the Redevelopment Plan for the Diamond Bar Economic Revitalization Area ("Redevelopment Plan") and transmitting the Report to Council and the Redevelopment Plan to the City Council. The attached resolution also adopts the Rules Governing Participation and Reentry Preferences for Property Owners, Operators of Businesses and Business Tenants for the Diamond Bar Economic Revitalization Area ("Owner Participation Rules") and the General Relocation Rules (Method of Relocation required by Section 33411 of the California Community Redevelopment Law) applicable to the Diamond Bar Economic Revitalization Area ("General Relocation Rules"). Background The Agency has undertaken proceedings for the adoption of the Redevelopment Plan for the Diamond Bar Economic Revitalization Area. On November 19, 1996, the Agency adopted Resolution No. R-96-09 approving the selection of the area within the boundaries of the Diamond Bar Economic Revitalization Area ("Project Area") and the Preliminary Plan for the Project. The adoption of this Resolution also directed the preparation of a redevelopment plan for the Project and the noticing of affected taxing entities of the proposed adoption of the Diamond Bar Economic Revitalization Area. The City Council initiated the formation of an Ad -Hoc Advisory Committee ("AHAC") in order to obtain input from the business community in the Project Area and the affected taxing entities. A total of seven AHAC members were appointed by the City Council on December 19, 1996. This committee consisted of representatives of businesses and business organizations, and affected governnustal agencies. Three of the members are long term residents of Diamond Bar. The AHAC reviewed the Redevelopment Plan and other documents during the total of five meetings held during this process between January 28 and May 13, 1997. On May 13, 1997, the AHAC unanimously voted to approve all documents and to provide a recommendation to the Agency to adopt the proposed Redevelopment Plan. RESOLUTION NO. A RESOLUTION OF THE DIAMOND BAR REDEVELOPMENT AGENCY APPROVING ITS REPORT TO CITY COUNCIL IN CONNECTION WITH THE PROPOSED REDEVELOPMENT PLAN FOR THE DIAMOND BAR ECONOMIC REVITALIZATION APPROVING OWNER PARTICIPATION RULE METHOD OF RELOCATIONpAND AUTHORIZING TRANSMITTAL OF THE REPORT AND REDEVELOPMENT PLAN TO THE CITY COUNCIL THE DIAMOND BAR REDEVELOPMENT AGENCY HEREBY FINDS, ORDERS, DETERMINES AND RESOLVES AS FOLLOWS: Section 1. Pursuant to the Community Redevelopment Law (Health and Safety Code Section 33000, gt seQ.), the Diamond Bar Redevelopment Agency (the "Agency") has prepared a proposed Redevelopment Plan (the "Redevelopment Plan") for the Diamond Bar Economic Revitalization Area. In connection therewith, the Agency has prepared the Agency's Report to City Council (the "Report"), which is the reports and information required by Health and Safety Code Section 33352. The Redevelopment Plan and Report are on file in the office of the City Clerk and available for public inspection. Section 2. Health and Safety Code Section 33345 provides that the Agency must adopt and make available for public inspection rules to implement the operation of owner participation in connection with the proposed Redevelopment Plan. Health and Safety Code Section 33339.5 provides that the Agency must adopt and make available for public inspection rules regarding the extension of reasonable preferences to persons who are engaged in business in the Project Area to reenter in business within the redeveloped area if they otherwise meet the requirements prescribed in the Redevelopment Plan. Pursuant to Health and Safety Code Sections 33345 and 33339.5, the Agency previously prepared and approved draft rules governing participation and preferences by property owners and business occupants (the "Owner Participation Rules") which are on file in the office of the City Clerk and available for public inspection. Section 3. Health and Safety Code Section 33411 provides that the Agency must prepare a method of relocation for families, persons and nonprofit local community institutions who may be temporarily or permanently displaced from the Project Area. Pursuant to Health and Safety Code Section 33411, the Agency previously prepared and approved a draft method of relocation for the Project Area (the "Method of Relocation") which is on file in the office of the City Clerk and available for public inspection. Section 4. The Agency hereby finally approves and adopts the Owner Participation Rules and the Method of Relocation. 970515 10572-00001 rd► 1672875 1 Honorable Umm an and Agency Members May 20, 1997 Page 2 On March 18, 1997, the Agency approved the Draft Redevelopment Plan, the Draft Owner Participation Rules, and the Draft General Relocation Rules by Resolution Nos. R-97-1, R-97-2, and R-97-5, respectively. Additionally, the Agency approved the Preliminary Report for the Redevelopment Plan at this same meeting, by Resolution No. R-97-4. The Redevelopment Plan and the Preliminary Report were transmitted to all of the affected taxing agencies on March 19, 1997, in compliance with the California Community Redevelopment Law, Health and Safety Code Section 33000, gL mg, ("CRL"). At this time, staff began the process of consulting with those affected taxing agencies who requested information regarding the Project. These consultations will continue to occur through the adoption and implementation of the Redevelopment Plan. On April 15, 1997, the City Council and the Agency adopted Resolution Nos. 97-27 and R-97-6, respectively, fording that the use of tax increment generated from the Project for low and moderate housing opportunities outside the Project Area would be a benefit to the Project. At this meeting, the City Council and the Agency also adopted Resolution Nos. 97-26 and R-97-5, respectively, calling for and setting the joint public hearing for May 20, 1997. Agency staff also held a public town hall meeting to insure that there was adequate opportunity for public input throughout the Project Area. Published and mailed notice was provided to all property owners, businesses, residents, community organizations, as well as other interested parties, within the Project Area. The meeting was held on May 3, 1997 at 9:00 AM at the South Cosa Air Quality Managenient District Auditorium. Comments provided from the town hall meeting were noted and incorporated into the documents pertaining to the redevelopment plan adoption process, where appropriate. The proceedings to adopt the Redevelopment Plan are now at the final step in the process. Prior to City Council consideration of the final Redevelopment Plan and the adoption of the ordinance, a public hearing must be held to hear all testimony for and against the proposed Redevelopment Plan and related Environmental Impact Report. The CRL provides that when a city council serves as the governing board of the redevelopment agency, or in this case, the Dwnond Bar Redevelopment Agency, both bodies: may hold a joint public hearing to receive testimony on a redevelopment plan. The notice of the joint public hearing was completed by the following actions: 1) the publication of the notice in both the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin on April 22, April 29, May 6, and May 13, 1997; 2) a mailed notice to all affected taxing agencies via certified mail, return receipt requested sent on April 17, 1997; and 3) a mailed notice to all affected property owners, businesses, and residents and community organizations on April 17, 1997, more than 30 days prior to the hearing, via first-class mail. The following discussion provides a description and/or summary of the related redevelopment plan adoption documents to be considered at this meeting. rtp*�rsuv chairman and Agcnuy MemUers May 30, 1997 Page 3 M0517 -it IH�0 The CRL requires that property owners must be extended a reasonable opportunity to participate in the redevelopment of project area properties, and persons engaged in business within the Project Area must be extended reasonable preferences to reenter in business within the Project Area if they meet the requirements prescribed by the Redevelopment Plan. Although not required by the CRL, it is reasonable to include the business preference rules in the same set of rules addressing owner participation. Persons engaged in business refers to operators of businesses or business tenants. The Owner Participation Rules provide guidelines for the participation of property owners, operators of business and business tenants in the Project Area. More specifically, in the event the Agency wishes to rehabilitate, redevelop, or develop a property in the Project Area or a property owner, business operator or business tenant wishes to participate in the redevelopment process, the Owner Participation Rules outline the procedures to be followed to ensure that both the rights of the participant in the redevelopment process are preserved and the goals stated in the Redevelopment Plan are achieved. General Relocation Rules The General Relocation Rules (Method of Relocation pursuant to Section 33411 of the CRL) are a plan for the relocation of families, persons, and nonprofit local community institutions who may be temporarily or permanently displaced from the Project Area. The General Relocation Rules have been prepared pursuant to Section 33411 of the CRL. As a state agency, the Agency is required to adhere to California State Relocation Law ("Relocation Law") and California Relocation Assistance and Real Property Acquisition Guidelines ("Guidelines"). Therefore, the proposed General Relocation Rules incorporate both the Guidelines and Relocation Law as the Agency's General Relocation Rules applicable to the Project. The General Relocation Rules are contained in Section F (Method of Relocation) in the attached Report to City Council. Draft Redevelopment Plan The Redevelopment Plan is essentially a legal document (rather than a "plan") that sets forth the Agency's goals, powers, duties, and obligations to implement the redevelopment program within the Project Area. This is underscored by the language in paragraph two on page one, which describes the Redevelopment Plan as presenting a process and framework within which specific development plans will be presented, priorities for specific projects will be established, and specific solutions will be proposed, and by which tools are provided to the Agency to fashion, develop, and proceed with such specific plans, projects and solutions. TUA6*-&WCksw� « J ASowvr Mcu�bcr� May 20, 1997 Page 4 Generally, the Redevelopment Plan provides a framework which allows the Agency to : 1) fund property rehabilitation programs; 2) provide for affordable housing opportunities in conjunction with the City's Housing Element; 3) construct public facility and infrastructure improvements (attached as Exhibit C to the Redevelopment Plan); 4) acquire property for sale or lease within the Project Area; 5) collect tax increment revenue to fund rehabilitation programs, public improvements, and other Agency activities; and 6) sell bonds to fund, in whole or in part, rehabilitation programs, public improvements, and other Agency activities. The Redevelopment Plan will remain in effect for 30 years and the Agency will have the ability to collect tax increment revenues for a total of 45 years, provided that debt service payments on outstanding bonds are required after the 30 year term of the Redevelopment Plan has expired. -1• When the Agency submits the proposed Redevelopment Plan to the City Council for the joint public hearing required by the CRL, the Agency must also submit a 14 -part report on the Redevelopment Plan, entitled the Report to City Council. The purpose of this Report to City Council is to provide in one document all information, documentation, and evidence regarding the Project to assist the City Council in its consideration of the proposed Redevelopment Plan and in making various findings and determinations that are legally required to adopt the Redevelopment Plan. This Report to City Council has been prepared in accordance with all requirements of Section 33352 of the CRL and includes the reasons for selection of the Project Area; a description of proposed projects and programs and how these projects and programs will improve or alleviate blighting conditions identified in the Report; a description of, and a map showing, the physical and economic conditions existing in the Project Area; an implementation plan describing specific projects and programs which will alleviate or improve blighting conditions; the method of financing; the Project's method of relocation; an analysis of the Preliminary Plan for the Project; the report and recommendation of the Planning Commission on the Redevelopment Plan; a record of the public participation process; the EN, the report of the county fiscal officer; a neighborhood impact report; and an analysis of the county fiscal officer's report and a summary of consultations with affected taxing agencies. By adopting the attached resolution, the Executive Director of the Agency will be directed to transmit the Report to City Council and the Redevelopment Plan to the Diamond Bar City Council. Section 5. The Agency hereby approves the Report and authorizes and directs the Executive Director of the Agency to transmit the Report and the Redevelopment Plan to the City Council. PASSED, APPROVED and ADOPTED this day of 1997. ATTEST: Secretary Chairman I, LYNDA BURGESS, Secretary of the Diamond Bar Redevelopment Agency, do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the Board of Directors of Diamond Bar Redevelopment Agency held on the 20th day of May, 1997, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: ABSTAINED: BOARD MEMBERS ATTEST: Secretary of the Diamond Bar Redevelopment Agency 970515 10572-00001 rdi 1672875 1 - 2 - RULES GOVERNING PARTICIPATION AND REENTRY PREFERENCES FOR PROPERTY OWNERS, OPERATORS OF BUSINESSES, AND BUSINESS TENANTS FOR THE DIAMOND BAR REDEVELOPMENT AGENCY DIAMOND BAR ECONOMIC REVITALIZATION AREA SECTION I. (100) INTRODUCTION California Community Redevelopment Law (Health and Safety Code Sections 33000 et se .) Section 33345 requires that the Diamond Bar Redevelopment Agency (the "Agency") establish and make known to property owners, businesses, and business tenants within the Diamond Bar Economic Revitalization Area (the "Project Area") the Agency's rules and guidelines for implementing owner participation opportunities in the Project Area, which is subject to the Redevelopment Plan for the Diamond Bar Economic Revitalization Area. These are the Rules Governing Participation and Reentry Preferences for Property Owners, Operators of Businesses, and Business Tenants for the Project Area. These rules are based upon the following objectives: 1. The Agency's commitment to afford maximum participation to existing property owners who will be affected by the Agency's activities within the Project Area, and 2. The Agency's commitment to extend reasonable preferences to existing property owners and persons who are engaged in business within the Project Area, in the redevelopment, rental, or ownership of new industrial, commercial, or residential uses within the Project Area. These rules set forth the process for owner participation in the Project Area. SECTION II. (200) GENERAL DEFINITIONS The following definitions will be used generally in the context of these Rules Governing Participation and Reentry Preferences for Property Owners, Operators of Businesses, and Business Tenants, unless otherwise specified herein. A. "Agency" means the Diamond Bar Redevelopment Agency. B. "City" means the City of Diamond Bar. C. "Redevelopment Law" means the California Community Redevelopment Law (Health and Safety Code Sections 33000 et seq.). Rosenow Spevacek Group, Inc. Diamond Bar Redevelopment Agency May, 1997 1 Owner Participation Rules D. "Owner Participation Agreement" means an agreement entered into between the Agency and an owner of real property, persons engaged in business, or a tenant doing business within the Project Area, in accordance with the provisions of the Plan and the Rules as described herein which contains the specific responsibilities and obligations of each party regarding a specific implementation of property improvements and land use. E. "Plan" means the Redevelopment Plan for the Diamond Bar Economic Revitalization Area. F. "Project" means the Diamond Bar Economic Revitalization Area. G. "Project Area" means the area within the boundaries of the Diamond Bar Economic Revitalization Area which is subject to the Plan. H. "Rules" mean the Rules Governing Participation and Reentry Preferences for Property Owners, Operators of Businesses, and Business Tenants in the Diamond Bar Economic Revitalization Area. SECTION III. (300) GENERAL These Rules have been adopted by the Agency specifically to implement the provisions of the Plan and the Redevelopment Law regarding participation and the exercise of reentry preferences for property owners, tenants, and businesses located in the Project Area. Persons and businesses desiring to exercise their owner participation rights and preferences shall abide by these Rules. The Agency would prefer that all property owners, tenants, and businesses in the Project Area become actively involved in improvement and community development within the Project Area. Therefore, the Agency shall extend preference to such property owners, tenants and businesses to continue in or, if the Agency acquires the land of an owner or the land on which a person engaged in business is located, to reenter the Project Area if any such owner or such person otherwise meets the requirements prescribed in the Plan and in these Rules. Owners of real property in the Project Area shall, as feasible, be given the opportunity to participate in the Project by retaining all or a portion of their properties, by purchasing adjacent or other properties in the Project Area or by selling their properties to the Agency and purchasing other properties in the Project Area. The Agency desires and urges participation in the growth, development, and redevelopment of each of the parcels encompassed within the Project Area by as many property owners, tenants, and operators of businesses as possible. In view of the pattern of land use and development envisioned by the Plan, qualified persons, whenever feasible, as determined by the Agency, will be encouraged to take advantage of such participation and preference opportunities as described herein, subject to and limited by factors such as the following: Rosenow Spevacek Group, Inc. Diamond Bar Redevelopment Agency May, 1997 2 Owner Participation Rules 1. The appropriateness of some land uses (i.e., compatibility with existing and planned uses in the area). 2. The realignment, widening, opening, and/or elimination of public rights-of-way per the City's General Plan, as it now exists or is hereafter amended. 3. The removal, relocation, and/or installation of public utilities and public facilities. 4. The ability of participants to finance and/or complete proposed acquisitions and developments. 5. The change in orientation and character of the Project Area. 6. The necessity to assemble areas for public and/or private development. The Plan authorizes the Agency to establish reasonable priorities and preferences among participants; accordingly, the following order of priorities is established: 1. Existing property owners and tenants desiring to participate in their same location in compliance with the Plan and these Rules, and desiring to build new commercial, industrial, or residential developments. 2. Owner -occupants relocating within the Project Area in accordance with and as a result of an implementation project which may cause the temporary displacement of a property owner. 3. Existing tenants relocating within the Project Area in accordance with and as a result of Plan implementation. The Agency may, in its discretion, decline any offer of owner participation, resolve conflicting proposals between owners interested in redeveloping the property, or resolve conflicting proposals between owners and others interested in redeveloping the property based upon a number of considerations including, without limitation, the following: 1. Conformity of proposals with the intent and objectives of the Plan. 2. Whether the proposal will be in the public interest. 3. The amount of sales tax revenue, tax increment revenue, and other economic benefit accruing to the City and the Agency from the proposal. Rosenow Spevacek Group, Inc. Diamond Bar Redevelopment Agency May, 1997 3 Owner Participation Rules 4. Employment retention and generation and other economic benefits to the community which can be expected if the proposal is accepted. 5. Size and configuration of the parcel proposed for owner participation. 6. Ability of persons desiring to develop or redevelop the property to implement the proposed project, taking into consideration the developer's financial capability, prior experience with similar development, ability to obtain financing, and ability to abide by Agency design standards and development controls. 7. The time schedule for completion of a proposed project. The estimated cost of public and Agency services required if the proposal is accepted. SECTION IV. (400) PARTICIPATION BY OWNERS OF REAL PROPERTY A. (40 1) Participation in the Same Location In appropriate circumstances, as determined by the Agency, where such action would foster the goals and objectives of the Plan, an owner may participate in substantially the same location either by retaining all or portions of his/her property and purchasing adjacent property if needed and available for development; rehabilitating or demolishing all or part of his/her existing buildings or structures; initiating new development; and selling property or improvements to the Agency. B. (402) Participation in a Different Location When necessary to accomplish the objectives of the Plan as determined by the Agency, the Agency may buy land and improvements at fair market value from existing owners and offer real property for purchase to prospective owner -participants within the Project Area. SECTION V. (500) PARTICIPATION BY TENANTS Pursuant to these Rules, nonproperty owners who are tenants engaged in business in the Project Area will be given opportunities to remain or to obtain reasonable preferences to reenter in business within the Project Area if they otherwise meet the requirements prescribed by the Plan and these Rules. Rosenow Spevacek Group, Inc. Diamond Bar Redevelopment Agency May, 1997 4 Owner Participation Rules SECTION VI. (600) TYPES OF PARTICIPATION A. (60 1) Certificate of Conformance If the Agency determines that the use of specific real property within the Project Area meets the requirements of the Plan, and the owners of such properties desire to continue such use or uses, the owner and the Agency may execute a Certificate of Conformance. A Certificate of Conformance shall provide, among other things, that the owners shall continue to operate and use the real property in accordance with the requirements of the Plan. B. (602) Owner Participation Agreements The Agency is authorized to enter into an Owner Participation Agreement regarding properties not purchased or not to be purchased by the Agency and not included in an Agency determination of conformance. Each agreement will contain provisions necessary to ensure that the participation proposal will be carried out and that the subject property will be developed or used in accordance with the conditions, restrictions, rules, and regulations of the Plan and the agreement. Each agreement will require the participant to join in the recordation of such documents as the Agency may require in order to ensure such development and use. C. (603) Statement of Interest Before making offers to purchase property in the Project Area, the Agency shall notify the owners of any such properties by certified mail, return receipt requested, that the Agency is considering the acquisition of such property. The Agency shall include a form entitled "Statement of Interest In Participating" (see Appendix), herein referred to as "Statement," with the notification. Within 30 days of receipt of such notification, any owner interested in participating in the Project Area shall file a "Statement of Interest In Participating." The Agency may disregard any Statements received after such 30 -day period. Any owner or tenant may also submit such a Statement at any time before such notification. The Agency shall consider such Statements as are submitted on time and seek to develop reasonable participation for those submitting such Statements whether to stay in place, to move to another location, to obtain preferences to reenter the Project Area, etc. SECTION VII. (700) ENFORCEMENT In the event a property is not developed or used in conformance with the Plan, or in conformance with a Certificate of Conformance or an Owner Participation Agreement, then the Agency is authorized to (1) acquire the property, (2) acquire any interest in the property sufficient to obtain conformance, or (3) take any other appropriate action to obtain such conformance. Rosenow Spevacek Group, Inc. Diamond Bar Redevelopment Agency May, 1997 5 Owner Participation Rules SECTION VIII. (800) PROCEDURES FOR AMENDING PARTICIPATION RULES The Agency may amend these Rules at any meeting held after their adoption. Rosenow Spevacek Group, Inc. Diamond Bar Redevelopment Agency May, 1997 6 Owner Participation Rules APPENDIX STATEMENT OF INTEREST FOR PARTICIPATION IN THE DIAMOND BAR REDEVELOPMENT AGENCY DIAMOND BAR ECONOMIC REVITALIZATION AREA I hereby express my interest in participating in the Diamond Bar Economic Revitalization Area: 1. Name of Property Owner/Tenant: Phone: 2. Home Address: 3. Address of Property owned or rented in the Project Area: 4. Name of business in the Project Area: Phone: 5. I own ( ); am a tenant ( ); and wish to rehabilitate ( ); build ( ); sell ( ) my present property. If tenant, indicate: month-to-month ( ); or lease ( ); expiration date of lease:_ 6. My present type of business is: 7. Nature of proposed participation: I understand that submission of this Statement of Interest does not in any way obligate me to participate in the Project. Signed: Return to: Diamond Bar Redevelopment Agency Title: 21660 East Copley Drive, Suite 100 Diamond Bar, California 91765-4177 Date: AGENDA ITEM NO. 3.3 THE FOLLOWING DOCUMENTATION IS AVAILABLE FOR INSPECTION IN THE OFFICE OF THE CITY CLERIC: "REPORT TO COUNCIL" "REDEVELOPMENT PLAN" "OWNER PARTICIPATION RULES" "GENERAL RELOCATION RULES" 3.3 SEE ATTACHED BINDER RESOLUTION NO. A RESOLUTION OF THE DIAMOND BAR REDEVELOPMENT AGENCY APPROVING ITS REPORT TO CITY COUNCIL IN CONNECTION WITH THE PROPOSED REDEVELOPMENT PLAN FOR THE DIAMOND BAR ECONOMIC REVITALIZATION AREA, APPROVING OWNER PARTICIPATION RULES, AND METHOD OF RELOCATION, AND AUTHORIZING TRANSMITTAL OF THE REPORT AND REDEVELOPMENT PLAN TO THE CITY COUNCIL THE DIAMOND BAR REDEVELOPMENT AGENCY HEREBY FINDS, ORDERS, DETERMINES AND RESOLVES AS FOLLOWS: Section 1. Pursuant to the Community Redevelopment Law (Health and Safety Code Section 33000, It j=.), the Diamond Bar Redevelopment Agency (the "Agency") has prepared a proposed Redevelopment Plan (the "Redevelopment Plan") for the Diamond Bar Economic Revitalization Area. In connection therewith, the Agency has prepared the Agency's Report to City Council (the "Report"), which is the reports and information required by Health and Safety Code Section 33352. The Redevelopment Plan and Report are on file in the office of the City Clerk and available for public inspection. Section 2. Health and Safety Code Section 33345 provides that the Agency must adopt and make available for public inspection rules to implement the operation of owner participation in connection with the proposed Redevelopment Plan. Health and Safety Code Section 33339.5 provides that the Agency must adopt and make available for public inspection rules regarding the extension of reasonable preferences to persons who are engaged in business in the Project Area to reenter in business within the redeveloped area if they otherwise meet the requirements prescribed in the Redevelopment Plan. Pursuant to Health and Safety Code Sections 33345 and 33339.5, the Agency previously prepared and approved draft rules governing participation and preferences by property owners and business occupants (the "Owner Participation Rules") which are on file in the office of the City Clerk and available for public inspection. Section 3. Health and Safety Code Section 33411 provides that the Agency must prepare a method of relocation for families, persons and nonprofit local community institutions who may be temporarily or permanently displaced from the Project Area. Pursuant to Health and Safety Code Section 33411, the Agency previously prepared and approved a draft method of relocation for the Project Area (the "Method of Relocation") which is on file in the office of the City Clerk and available for public inspection. Section 4. The ly approv adopts theOwnerPartic patiioncRuleseandby ithelMethod of es and Relocation. 970516 10572-00001 rdh 1672875 2 Section 5. The Agency hereby approves the Report and authorizes and directs the Executive Director of the Agency to transmit the Report and the Redevelopment Plan to the City Council. PASSED, APPROVED and ADOPTED this day of 1997. chairman ATTEST: Secretary I, LYNDA BURGESS, Secretary of the Diamond Bar Redevelopment Agency, do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the Board of Directors of Diamond Bar Redevelopment Agency held on the 20th day of May, 1997, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: ABSTAINED: BOARD MEMBERS ATTEST: Secretary of the Diamond Bar Redevelopment Agency 970516 10572-00001 rdh 1672875 2 — 2 — TO: Honorable Chairman and Agency Members FROM: Terrence L. Belanger, Executive Director DATE: May 20, 1997 SUBJECT: Resolution Requesting that the Planning Commission Prepare a Report and Recommendation in Connection with Excluding Territory from the Proposed Diamond Bar Economic Revitalization Area Recommendation: That the Diamond Bar Redevelopment Agency ("Agency") adopt a resolution requesting that the Planning Commission prepare its report and recommendation in connection with the exclusion of territory from the proposed Diamond Bar Economic Revitalization Area. Background: The Diamond Bar Redevelopment Agency ("Agency") and the Diamond Bar City Council ("City Councils') are undertaking proceedings to adopt a redevelopment plan for the Diamond Bar Economic Revitalization Area ("Redevelopment Plan"). The proceedings to adopt the Redevelopment Plan are now in the final steps in the process. The Agency and the City Council are scheduled to open the joint public hearing on the Redevelopment Plan and related Environmental Impact Report ("EW') at this meeting for the purposes of taking public testimony on both of these documents. However, prior to the joint public hearing, staff recommends that the boundaries of the Project Area be changed to exclude certain properties, as shown on Exhibit A to the attached resolution, prior to the adoption of the Redevelopment Plan. These properties were originally included due to public facilities/infrastructure deficiencies and for the purposes of effective reuse and redevelopment. However, after considerable analysis of these properties, it has been determined that the inclusion of these properties may not further the Agency's abilities to meet the goals outlined in the Redevelopment Plan and the Diamond Bar General Plan. Additionally, the proposed improvements may be completed even if the properties are not in the Diamond Bar Economic Revitalization Area. In order to fulfill the requirements of the California Community Redevelopment Law, Health and Safety Code Section 33000, gk. M. ("CRL"), the Agency must submit changes to the boundaries of the Diamond Bar Economic Revitalization Area ("Project Area") to the Diamond Bar Planning Commission ("Planning Commission") for its report and recommendation. It is requested that the Planning Commission act on this matter at its May 27, 1997 regular meeting. Honorable Chairman and Agency Membe,-a May 20, 1997 Page 2 The Agency and the City Council will proceed with the opening of the joint public hearing for the purposes of receiving public testimony on the Redevelopment Plan and related EM but then continue the joint public bearing on the Redevelopment Plan to June 3, 1997 for the sole purpose of allowing the Planning Commission to act on the above mentioned matter. On June 3, 1997, the Agency and City Council will re -open the joint public hearing for the sole purpose of taking public testimony only on the exclusion of territory and proceed with activities related to the adoption of the Redevelopment Plan for the Diamond Bar Economic Revitalization Area. Attached for Agency consideration is a Supplemental Report to City Council ("Supplemental Report") (Exhibit B to the attached resolution). This Supplemental Report presents all changes to informatioa required by Section 33352 of the CRL, and previously submitted to the Agency in the original Report to City Council, resulting from the proposed exclusion of property from the Project Area. More specifically, the Supplemental Report includes revised information for the following sections of the Report to City Council: 1) the percentage of physical and economic blighting conditions in the Project Area, 2) the analysis of the economic feasibility of the Project; 3) the urbanization analysis; 4) the implemi ntation plan; and the neighborhood impact report. Additionally, the Supplemental Report contains a revised map of the Project Area and, upon transmittal, will include revised in€armation regarding the Planning Commission action on May 27, 1997. As shown in the Supplemental Report, the exclusion of properties does not significantly impact any aspect of the Redevelopment Plan adoption process. RESOLUTION NO. A RESOLUTION OF THE DIAMOND BAR REDEVELOPMENT AGENCY REQUESTING THE PLANNING COMMISSION TO PREPARE ITS REPORT AND RECOMMENDATION IN CONNECTION WITH EXCLUDING CERTAIN PROPERTY FROM THE PROPOSED DIAMOND BAR ECONOMIC REVITALIZATION AREA THE DIAMOND BAR REDEVELOPMENT AGENCY HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS: Section 1. The City Council of the City of Diamond Bar and the Diamond Bar Redevelopment Agency are undertaking proceedings to adopt a redevelopment plan for the Diamond Bar Economic Revitalization Area (the "Project Area"). Section 2. The City Council proposes to change the boundaries of the Project Area to exclude from the Project Area certain property as shown on Exhibit A, attached hereto. Section 3The Agency hereby requests the Planning Commission of the City of Diamond Bar to make its report and recommendation to the City Council and Agency regarding the proposed exclusion from the Project Area of the property shown on Exhibit A, attached hereto. _Section 4. In connection with the proposed exclusion of certain property from the Project Area, the Agency has prepared a supplemental report to the City Council, which supplemental report is attached hereto as Exhibit B and is on file in the office of the City Clerk and available for public inspection. The Agency hereby approves the supplemental report and authorizes and directs the Executive Director of the Agency to transmit the supplemental report to the City Council. PASSED, APPROVED and ADOPTED this day of , 1997. Chairman ATTEST: Secretary I, LYNDA BURGESS, Secretary of the Diamond Bar Redevelopment Agency, do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the Board of Directors of Diamond Bar Redevelopment Agency held on the 20th day of May, 1997, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: ABSTAINED: BOARD MEMBERS ATTEST: Secretary of the Diamond Bar Redevelopment Agency 970515 10572-00001 rdh/gp 1672877 2 — 2 — 3.4 SEE ATTACHED BINDER MITIGATION MONITORING PROGRAM FOR DIAMOND BAR ECONOMIC REVITALIZATION AREA The California Environmental Quality Act (CEQA) requires public agencies to verify the completion of adopted mitigation measures in accordance with CEQA Section 21081.6 which states in part that a public agency must: ...adopt a reporting or monitoring program for these changes to the project which it has adopted or made a condition of project approval... in order to mitigate... significant effects on the enviromnent. The reporting or monitoring program shall be designed to ensure compliance during project implementation. The Mitigation Monitoring Program for the Diamond Bar Revitalization Program is presented herein. It will be submitted to the Diamond Bar Redevelopment Agency and the City of Diamond Bar, along with the Final Environmental Impact Report and other findings, prior to the Agency's and City's action on the proposed project. E N aU w a, a 0 U O F O O F• d a W F Z Ow Av„ p7°' o Od ��� UR1� UfA�Ca zb w z.= 0 o" G o -s .s Am d Co ° W �, co Q U Rl C] U o°' N =� U a` U ' L N d� •y y a==� �� d O p y d uH w U 1O OG A z � O N •_, Fz N w U a w a 0 U O F O Ca E% d Oza_ zt" F v U W a� 1.5- a! Q- zd W yega� UPUL7 C7 a� o Aw o C7 a o v > A o c' c m'S E'A.- Y w ai u b C a $ C.G 0,0 C o � W y >,t=^gw .ow ce0b �e2 EM'S3 c �0 Z o p N o b gqin g� mE £ mo c". a [ice o bw "^a"i c o N C ^ to L V O C 7 O °� F• c u� u b� g °°c°'i > to� W U W w O' - Q M Q z Q Z M H M P, kip w � U d a a 0 V O EW - z e 0 c N m Od �� a UIQ b G 0 W U OAC Ll U PG F� aw o� cd ;a 15 c, � o �e „ p e�io oy�w• c �.c a� � � � 3 E � y E o 40,'a _ a, � .a� �a � L C c w 0 �4, ;« y:-' y aui o°p aci°'`d°'n-°�BpQ°c0. 0.0.M 5o 8.-E&baxi�o z w�,o yt �wc doE�"• o.°:;>� oy° � �sra O b G..� 3 N Obo C Y ttl ❑> O £ bq Ge�7 a`ny;oaci°7a_c °c�E°?�ve°oo,.00� 10m ON E v wv°or.� 7'c E $YJ^'v a'o ° c c og o �.2❑ o i E�oo°K- t vov°K°o°e�d>a.� .atb-•Eav E3� u N In W U w o,- a� x Q '; ¢In c z o z F r- w �U .a a0. O U O F O C N U W a 0� H� " UWLI UW z w y, U W U W U W U W o o coy v z� 3�yC>0a °H U° 'x �o AG w ;� w H c c y v '�y H ya 0'a c o>> c v o c p .g o 3 �� o E T � aaEt7 oCE .. `a c .0 asw o> c>c v as c v Q oa �L 7� .v rGir E: ° e ouE3 a�iy v Q-aye@o o ED�v o ao B.oC7 ° o arra;, �° E`° r x A@o.5�bo.5 vCGv� C7oo a°HC7 v�p4�a � N M w U z az U wv rn M A z F kn r!' r U OG a � a O U O F z c 0 F e U OG c� U U z G7 F c4, tin � UW z w y, U � O� He Fc z c c W UW UW C7 F _ ° � o r o � a b 3 o 0 t� W � w �``.. ai m ami d a o 7 ?-0z U b at q50 y oS °w aai aEi �� E v�o OC �Qv� a a°i �'tLou� �a� d� A c 0 d° o c i Fl..• a C7 a � .c 3 � m a°, n, e� � �_ u v of cd s men E a� � o.'y � v W U z w as U F M F M F M A z F_ rj- 0-47 10 U a a a i 0 U O [W. O A F d u w � c7 UW UW U U w ej Q F c F c 6T. z � � W U Gil U W aW s s z � 0 0 o o N� L G y .0--o c ° A d �'cct9 W �QcCd°c?e Ld� eU gyp(, cra c c ,9 L y � °U w 3a y aoa°n`a3 M W U z x F M F M A z O� N Uz H 10 nv7><rn>rm 11 NftMotlJ Dar Mevelopmen4 'kaenoy G100V r-ast lAP1Cy 1mve, �)U1LC IUU Diamond Bar, CA 91765-4177 (909) 396-5666 Gawral RuWs PW#md of • •►; 1 • I • ♦ I • •' I CalbmiaCommunity Adopted on: _ Resolution No. Prepared by: Rosenow Spevacek Group, Inc. 540 North Golden Circle, Suite 305 Santa Ana, CA 92705 (714) 541-4585 (619)967-6462 by METHOD OF RELOCATION FOR THE DIAMOND BAR REDEVELOPMENT AGENCY DIAMOND BAR ECONOMIC REVITALIZATION AREA In the adoption and implementation of the Redevelopment Plan for the Diamond Bar Economic Revitalization Area (the "Plan"), the Diamond Bar Redevelopment Agency, operating as a redevelopment agency (herein referred to as "Agency") is the public agency responsible for relocation. The Diamond Bar Economic Revitalization Area (the "Project Area") includes areas generally bounded by Highland Valley Road on the north, the southernmost City limits on the south, Summitridge Drive on the east, and the City limits on the west. Sections 33352(f) and 33411 of the California Community Redevelopment Law (the "Redevelopment Law") require that the Agency prepare a method or plan for the relocation of families and persons who may be temporarily or permanently displaced from housing facilities located within the Project Area, and nonprofit local community institutions to be temporarily or permanently displaced from facilities actually used for institutional purposes in the Project Area. The Agency will meet its relocation responsibilities through the use of its staff and consultants, supplemented by assistance from local realtors, social agencies, and civic organizations. The Agency does not anticipate that implementation of the Plan will dislocate businesses, residents, or local community institutions; however, it may be necessary for the Agency to undertake relocation actions at some time during project implementation. Specific businesses, residents, or local community institutions to be relocated cannot be identified at this time. If relocation activities are undertaken, the Agency will handle those relocation cases which result from project activities on an individual case-by-case basis. As provided in Section 33411.1 of the Redevelopment Law, the Agency shall not displace persons or families of low and moderate income unless and until there is a suitable housing unit available and ready for occupancy by such displaced person or family at rents comparable to those at the time of their displacement. If relocation is necessary, all site residents will be rehoused with a minimum of hardship; in accommodations which are decent, safe, sanitary and suitable to their individual needs; located in areas not less desirable than the Project Area in regard to public utilities and public and commercial facilities; reasonably accessible to their places of employment; and priced within their financial means. The Agency is required to adhere to the State Relocation Law (Government Code 7260 through 7277) and follow the California Relocation Assistance and Real Property Acquisition Guidelines ("State Guidelines") as established in the California Code of Regulations, Title 25, Chapter 6. In 1989, the State Relocation Law was amended by Assembly Bill 324 to conform the State Relocation Law with federal regulations. Rosenow Spevacek Group, Inc. Diamond Bar Redevelopment Agency May, 1997 1 General Relocation Rules Therefore, in conformance with Sections 33352(f) and 33411 of the Redevelopment Law, the Agency adopts, as its "Method of Relocation," the State Guidelines and the State Relocation Law. A copy of the State Guidelines and the State Relocation Law is on file in the offices of the City Clerk/Agency Secretary and attached hereto as Exhibit A and Exhibit B and incorporated herein by reference. Prior to commencement of any acquisition activity which will cause substantial displacement of residents, the Agency will adopt a specific relocation plan in conformance with the State Guidelines. To the extent appropriate, the Agency may supplement those provisions provided in the State Guidelines to meet the particular relocation needs of a specific project. Such supplemental policies will not involve reduction, but instead enhancement, of the relocation benefits required by State Law. Rosenow Spevacek Group, Inc. Diamond Bar Redevelopment Agency May, 1997 2 General Relocation Rules EXHIBIT A STATE GUIDELINES Barclays Oficial CALIFORNIA CODE OF REGULATIONS Title 25. Housing and Community Development Division 1. Housing and Community Development Chapter 6. Department of Housing and Community Development Programs Vol. 33 Published by BARCLAYS LAW PUBLISHERS 400 Oyster Point Boulevard Post Office Box 3066 South San Francisco, CA 94080 (415)244-6611 Tide 25 Department of Housing and Community Development Prograrm Table of Contents Chapter 6. Department of Housing and Community Development Programs TABU OF CON-r..,7S Page Page Subchapter 1. Relocation Assistance § 8098. Aftemate Payments -Individuals and Real Property and Families. Acquisition Guidelines 261 § 8100• Alternate Payments --Businesses and Farm Operations. Article 1. General 261 § 8102. Replacement Housing Payments § 6000. Order of Adoption. for Homeowners. § 5002. Statement of Purpose and Policy. § 5104. Replacement Housing Payments § 6004. Applicability and Supersedure. for Tenants and Certain Others. § 6006. Regulations. § 5106. Proration of Payments. § 6008. Definitions. § 6108. Condition of Replacement § 6010. Prior Determinations. Dwelling. § 5012. citizen Participation. § 8110. Certificate of Eligibility. § 5014. Prerequisite to Displacement § 6112. Mobile Homes. § 6016. Remedies. § 6114. Affected Property. § 5016. § 6020. Priority of Federal Law. Severability. Article 4. Last Resort Housing 274 § 8120. Purpose. Article 2. Relocation Assistance § 6122. Determination of Need for Last Advisory Program and Resort Housing. Assurance of Comparable § 6124. Development of Replacement Replacement Housing 254 Housing Plan. § 6030. Purpose. § 5126. Submission of Plan for § 6032. Relocation Assistance Advisory § 6128. Comment Determination by Displacing § 6034. Program. Eligibility. Public Entity of Feasibility and § 5036. Rehabilitation, Demolition, Code § 6130. Compliance. Implementation of the § 6038. Enforcement. Mentation Plan. Replacement Housing Plan. § 6040. Minimum Requirements of § 6132. § 6134. Housing Production. Jointly Sponsored Development. Relocation Assistance Advisory Program § 6136. Last Resort Housing In lieu of § 6042. Replacement Housing Prig to § 6138. Payments. Conformity with the Act and Displacement; Notices to Displaced Persons. Other Statutes, Policies and § 6044. Temporary Move. Procedures. § 6046. Informational Program. Article 5. Grievance Procedures 275 § 6048. Survey and Analysis of § 6150. Purpose. Relocation Needs. § 6152. Right of Review. § 6050. Failure to Conduct Timely and § 6154. Notification to Complainant Effective Survey. § 6156. Stages of Review by a Public § 5052. Survey and Analysis of Available Entity. Relocation Resources. S5158. Formal Review and § 5054. Last Resort Housing. Reconsideration by the Public § 6058. Termination of Relocation Entity. Assistance. § 6180. Refusals to Waive Time § 6058. Eviction. Limitation. § 6060. Evaluation of Relocation. § 6162. Extension of Time Limits. Article 3. Relocation Payments 268 § 6164• Party. ndations by Third §6080. § 6082. Purpose. Relocation Payments b5 Public § 6166. � Review of Files by Claimant Entity. § 6168. Effect of Determination on Other § 5084. Basic Eligibility Conditions. § 6170. Persons. Right to Counsel. § 6086. § 6088. Notice of Intent to Displace. Filing of Claims; Submission of § 6172. Stay of Displacement Pending § 6090. Tax Returns. Actual Reasonable Moving § 6174. Review. Joint Complainants. Expenses. § 6176. Judicial Review. § 6092. Actual Direct Losses of Tangible Article 6. Acquisition Policies 276 Personal Property. § 6180. Purpose. § 6094. Actual Reasonable Expenses in § 6182. Acquisition. Searching for a Replacement § 6184. Notice of Decision to Appraise. Business or Farm. § 6186. Tune of Offer. § 6096. Moving Expenses -Outdoor § 6188. Notice of Land Acquisition Advertising Businesses. Procedures. Table of Contents S CALIFORNIA CODE OF REGULATIONb --,Le :.5 Page Page § 8190. Notice of Public: Entity's Decision Subchapter a. Housing Element Guidelines 279 § 8192. Not to xrx Incidentaltaf ExpHrbes. Subchapter 5. Department of Housing and § 819d. § 8195. Short Tenn Rental. Pubic informadon. Community Development---Conflict of § 8196. Service of 40doe. Interest Code 279 § 6198. NonpMessorf Interest §65W. General Provisions. Exoeption. Appendix A 280 Subchapter 2. California Low—Income Appendix B 280 Home Management Training Program 279 Subchapter 3. Housing Element Guidelines 279 L - Page U (12-31-q3) Title 2.5 Department of Housing and Community Development Pmr;ams § 60Q Chapter 6. Department of Housing and Community Development Programs Subchapter 1. Relocation Assistance and Real Property Acquisition Guidelines Article 1. General § 6804. Ordef of Adoption. This subchapter (hccinafter referred to as the "Guidelines") is adopted pursuant to the provisions of Section 41135, Health and Safety Code, in orderto implement, interpret and to make specific provisions of Division 7, commencing with Section 7260 of the Government Code (hereinafter referred to as the "Act"), relating to relocation assistance, last resort housing and real property acquisidon. Non- Authaity cited for C4apter 6: Sections 41134,4113S. and 412`6, Health and Safety Code. Reference: Section 7260 et seq., Gcvcr=cnt Code; 41134, 411.35, and 41226, Health and Safety Code. HISTORY 1. Amendment riled 11-5-76 as an emergency; designated efrective 11-27= 6 (Register 76, No. 44). For prior history, we Register 76, No. 44. 2. Redesignation of Chapter 6 (Sections 6000-6198, not consecutive) to Cbaptcr 6, Su bchap ter I (Sc-c6ons 6000-6199. not consecutive) Oiled 1-28-77 as proce - dural and orgsnizatienal; effective upon filing (Register 77 No. 5). 3. Arriendrnentfiled 1-23-77 as procedural and organizational; effective upon fil- ing (Register 77, No. 5). A. Certificate of Cornplianr_ as to filing of 11-5-76 filed 2-16-77 (Register 77, No. 8). ¢ 6002. Ststement of Purpose and Pollcy. (a) The purpose of the Guidelines is to assist public entities in the de- velopment of regulations and procedures implementing the Act. (b) The Guidelines arc designed to carry out the following policies of the Act (1) To ensure that uniform, fair and equitable treatment is afforded per- sons displaced from their homes, businesses or farms as a result of the ac- tions of a public entity in order that such persons shall not suffer dispro- portionatc injury as a result of action taken for the benefit of the public as a whole; and (2) in the acquisition of real property by a public entity, to ensure con- sistent and fair treatment for owners of real property to be acquired, to encourage and expedite acquisition by agreement with owners of such property in order to avoid litigation and relieve congestion in courts, and to promote confidence in public land acquisition. (c) A public entity shall not participate in or undertake a project that will displace individuals from their homes unless comparable replace- ment dwellings (see subsection 6008(c)) will be available within a rea- sonable period of time prior to displacement. (d) The Guidelines are intended to establish only minimum require- ments for relocation assistance and payments.Thc}T not be con- strued to limit airy other authorityor obligation which a public —errdty may have to provide additional assistance and payments. (e) The Act and the Guidelines are intended fox the benefit of displaced persons, to ensure that such persons receive fair and equitable treatment and do not suffer disproportionate injuries as the result of programs de- signed for the benefit of the public as a whole. The Act, Guidelines and all applicable regulations on which determinations are based shall be con- strued to effect this intenL 16004. Applicability and Supersedure. (a) (1) Except as otherwise noted in this section, the Guidelines are applicable to all displacement and acquisition occurring on or after their effective date, January 1, 1977. A public entity may determine that the Guidelines shall at an earlier date be applicable to its displacement and acquisition. (2) With respect both to redevelopment activities undertaken ptasuant to a plan or amendment adopted prior to January 1, 19-76 and to the acqui- sidon of real property located within the California coastal zone (as de- fined in Public Rcseurces Code, Section 30103, Stake. 1976, c. 1330) for use as park lands or open space, the provisions of the Guidelines specifi- cally relating to last resort housing shall not be effective until January 1, 1978. (b) These Guidelines supersede those adopted by the Commission of Housing and Community Development on October 17, 1973. The guide- lines so superseded shall net apply to any displacement or acquisition oc- curring on or after the effective date of these Guidelines. Any such dis- placement or acquisition shall be governed solely by these Guidelines. The provisions of these Guidelines, however, shall not be construed rea-loaetively to apply to action(s) undertaken by a public entity prior to their effective date where the purpose of the action was to fulfill obliga- tions imposed by the Act and the action is in compliance with the require- ments of the Act and the existing Guidelines. Fcrthe purpose of this V,' - don the term "action" shall include but is not limited to: the provision of information, notice, other assistance, comparable replacement housing, payments and other benefits; the preparation of relocation and last resort housing plans, including the survey and analysis ofneeds and resources; the processing of S;rievances; and the various steps taken in connection with the acquisition of property for public use. HL7m;ty 1. Auxndmeot of subsection (b) filed 11-5-76 as an emergency; designated ef- fcctive 11-27-76 (Register 76, No. 44). 2. Certificate of Compliance filed 2-16-77 (Register 77, No. 8). § 6006. Regulations. (a) Each public entity before undertaking or participating in activity which will result in the displacement of persons shall adopt rules and reg- ulations that implement the requirements of the Act, are in accordance with the provisions of the Guidelines, and prescribe additional procc- dusrs and requirements that are appropriate to the particular activities of the public entity and not inconsistent with the Act or Guidelines. (b) Rules and regulations issued under this section shall be promptly revised as necessary, to conform to any amendment of the Act or Guide- lines. § 6008. Definitions. The following terms shall mean: (a) Acquisition. Obtaining ownership or possession of property by Iawful means. (b) Business. Any lawful activity, ezeept a farm operation, conducted primarily: (1) For the purchase, sale, lease, or rental of personal and real property, and for the manufacture, processing, or marketing of products, commodi- ties, or any other personal property; (2) For the sale of services to the public; (3) By a nonprofit organization; or (4) Solely for the purpose of a moving expense payment (see section 6090), for assisting in the purchase, sale, resale, manufacture, process- ing. or marketing of products, commodities, personal property, or ser- vices by the crecdcn and maintenance of an outdoor advertising display, whether or not such display is located on the promises on which any of the above activities aro conducted. (c) Comparable Replacement Dwelling. A dwelling which satisfies each of the following standards: (1) Decent, safe and sanitary (as defined in subsection 6008(d)), and comparable to the acquired dwelling with respect to number of rooms, habitable living space and type and quality of construction, but not lesser in rooms or living space than necessary to accommodate the displaced person. (2) In an area not subjected to unreasonable adverse environmental conditions from either natural or manmade sources, and not generally pate ?61 r 16008 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 25 less desirable than the acquired dwelling with respect to public utilities, public and commercial facilities and neighborhood conditions, including schools and municipal services, and reasonably accessible to the dis- placed person's present or potential place of employment; provided that a potential place of employment may not be used to satisfy the accessibil- ity requirement if the displaced person objects. The Act and Guidelines do not require that the replacement dwelling be generally as desirable as the acquired dwelling withrespect to environ- mental charactcristics. Though a displaced person does not have to accept a dwelling subject to unreasonable adverse emironmcnW conditions, neither is a public entity required to duplicate environmental characteris- tics, such as scenic vistas or proximity to the ocean, lakes, rivers, forests or other nate ral phenomena. If the displaced person so wishes, every reasonable effort shall be made to relocate such person within or near to his existing neighborhood. Whenever practicable the replacement dwelling shall be reasonably close to relatives, friends, services or organizations with whom there is an existing dependency relationship. (3) Available on the private market to the displaced person and avail- able to an persons regardless of race, color, sex, marital status, religion, or national origin in a manner consistent with Title VIII of the Civil Rights Act of 1968. (4) To the extent practicable and when consistent with paragraph (c)(1) of this section, functionally equivalent and substantially the same as the acquired dwelling, but not excluding newly constructed housing. (5) Within the Financial Means of the Displaced Person. A replace. ment dwelling is within the financial means of a displaced person if the monthly housing cost (including payments for mortgage, insurance and property taus) or rental cost (including utilities and other reasonable re- curring expenses) minus any replacement housing payment available to the person (as provided in sections 6102 and 6104) does not exceed twen- ty-five percent (25%) of the person's average monthly income (as de- fined in subsection 60080)). Areplacement dwelling is within the finan- cial means of a displaced person also if the purchase price of the dwelling including related increased interest costs and other reasonable expenses (as described in section 6102) docs not exceed the total of the amount of just compensation provided for the dwelling acquired and the replace- ment housing payment available to the person (as provided in section 6102). If a drivelling which satisfies these standards is not available the public entity may consider a dwelling which exceeds them. (d) Decent, Safe and Sanitary. (1) Housing in sound -clean and weather dghtcondition, in good repair and adequately maintained, in conformance with the applicable state and local building, plumbing, electrical, housing and occupancy codes or similar ordinances or regulations and which meets the following mini- mum standards: (A) Each housekeeping unit shall include akitchcn with a fully usable sink a stove or connection for a stove, a separate and complete bathroom. hot and cold running water in both bathroom and kitchen, an adequate and safe wiring system for lighting and other electrical smites and heating as required by climatic conditions and local codes. (B) Each nonhousekeeping unit shall be inconformance with state and local code standards for boarding houses, hotels and other dwellings for congregate living. (2) When the term decent, safe and sanitary is interpreted, under local, state or federal law, as establishing a higher standard, the elements of that higher standard, which exceed the provision of paragraph (1) of this sub- section, are incorporated herein. (c) Department. Department of Housing and Community Develop- ment- (f) evelop- ment(f) Displaced Person. Any person who moves from real property, or who moves his personal property from real property. either as a result of the acquisition of such nal property, in whole or in part, by a public entity orby any person having an agreement with oracting on behalf of a public entity, or as the result of a wri=n order from a public entity to vacate the real property, for public use. This definition shall be construed so that persons displaced as a result of public action receive relocation benefits in cases where they art dis- placed as a result of an owner participation agreement or an acquisition carried out by a private person for or in connection with a public use where the public entity is otherwise empowered to acquire the property to cavy out the public use. (g) Dwelling. The place of permanent or customary and usual abode of a person, including a single-family dwelling, a single-family unit in a two-family dwelling, multi. -family err multipurpose dwelling, a unit of a condominium or cooperative housing project, a nonhousekeeping unit, a mobilehome, or any other residential unit which either is considered to be real property under State law or cannot be moved without substantial damage or unreasonable cost A residence nerd not be decent, safe and sanitary to be a dwelling. A second home shall be considered to be a dwelling only for the pur- pose of establishing eligibility for payment for moving and related ex- penscs (as provided in section 6090). (h) Economic Rent. The amount of rant a tenant or homeowner would have to pay for a dwelling similar to the acquired dwelling in a compara- ble arta. (i) Elderly Household. A household in which thr head of household or spouse is 62 years or older. (j) Family. Two or mom individuals who by blood. marriage, adoption, or mutual consent live together as a family unit. (k) Farm Operation. Any activity conducted solely or primarily for the production of one or more agricultural products or commodities, includ- ing timber, for sale or home use, and customarily producing such prod. ucts or commodities in sufficient quantity to be capable of contributing materially to the operator's support. (1) Gross Income. Gross income means the total annual income of an individual, or when a family is displaced total annual income of the par- ents or adult heads of household, less the following: (1) A deduction of $500 for each dependent in excess of three. (2) A deduction of ten percent (10%) of total income for an elderly or handicapped household. (3) A deduction for recurring, extraordinary medical expenses, de- fined for this purpose to mean medical expenses in excess of du= percent of total income, when not compensated for or covered by insurance or other sources, such as public assistance or tart recovery. (4) A deduction of reasonable amounts paid for the care of children or sick or incapacitated family members when determined to be necessary to employment of the head or spouse, except that the amount deducted shall not exceed the amount of income received by the person thus re- leased. Gross income is divided by twelve to ascertain the average monthly income. Relocation and property acquisition payments are not to be con- sidcrrd as income for the determination of financial means. (m) Handicapped Household. A household in which any member is handicapped or disabled. (n) Initiation of Negotiations. The initial written offer made by the ac- quiring entity to the owner of real property to be purchased, or the own- er's repmscntative. (o) Mobile Home. A structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used as a dwell- ing with or without a permanent foundation when connected to the re- quired utilities, and includes the plumbing, heating, aur -conditioning, and electrical systems contained therein. A self-propelled vehicle is not a mobile home. (p) Mortgage. Such classes of liens as are commonly given to secure advances on, or the unpaid purchase price of, real property, together with the credit instruments, if any, secured thereby. (q) Ownership. Holding any of the following interests in a dwelling, or a contract to purchase one of the first six interests: Page 262 (A-r-vo) T.tle :5 Dtpartrnetzt of Housing and Corrunnnity Developrrent P grams � 5130 (1) A fee title. (2) A life estate. (3) A 50-yearlease. (4) A lease with at least 20 years to run from the date of acquisition of the prcpc'y. (5) A propne'sry interest in a cooperative housing project which in- c!udes the right to occupy a dwelling. (6) A proprietary interest in a mobilehome. (7) A leasehold intemt with an option to purchase. In the case of one who has succe4ded to any of the foregoing interests by devise, bequest, iahritance or operation of law, the tenure of ow ner- ship, but not occupancy, of the succeeding owner shall include the tenure of the preceding owner. (r) Parson. Any individual, family, partnership, corporation, or associ- ation. (s) Public Entity. Includes the state, the Regents of the University of California, a county, city, city and county, district, public authority, pub- lic agency, and any other political subdivision orpublic corporation in the state wren acquiring real property, or any interest therein, or ordering that acquired property be vacated, in any city or county for public use. (t) Public Use. A use for which property may be acquired by eminent domaim (u) Tenant. A person who rents or is otherwise in lawful possession of a dwelling, including a sleeping room, which is owned by another. ¢ 6010. Prior Determinations. (a) Ll'splacement. No public entity may pt-occed with any phase of a pro e� orothcr activity which will result in the displacement of any per- son, business or farm until it makes the following determinations_ (1) Fair and reasonable relocation payments will be provided to eligi- ble pawns as required by Article 3 of the Guidelines. (2) A relocation assistance program offering the acrviccs dear bed in Article 2 of the Guidelines will be established. (3) Eligible persons will be adequately informed of the assistanoc. benefits, policies, practices and procedures, including grievance proce- dures, provided for in these Guidelines. (4) Based upon recent survey and analysis of both the housing needs of persons who will be displaced and available replacement housing and considering competing demands for that housing, comparable replace- ment dwellings will be available, or provided, if necessary, within a rea- sonablc period of time prior to displacement sufficient in number, site and cost for the eligible persons who require them. (5) Adequate provisions have been made to provide orderly, timely, and efficient relocation of eligible persons to comparable replacement housing available without regard to race, color, religion, sex, marital sta- tus, or national origin with minimum hardship to those affected. (6) A relocation plan meeting the requirements of section 6038 has been prepared. (b) Acquisition. No public entity may proceed with any phase of a proj- cct er any othcrsctivity which will resuitin the acquisition of real proper- ty until it determines that with respect to such acquisition and to the great- est extent practicable, (1) Adequate provisions have been made to be guided by the provi- sions of Article 6 of the Guidelines, and (2) Eligible persons will ',c informed of the pertinent bcncfi,.s, policies and requirements of the Guideac& HLrrouv 1. Anrevdmcut of subsection (b) filed 11-5-76 ss an emergency; designated ef- fectrve 11-27-76 (Register 76, No. 44). 2. Certificate of Compliance filed 2-16-77 (Register 77, No. g). 16012- Citizen Participation. (a) All persons who will be displaced, neighborhood groups and any relocation committee shall be given an opportunity and should be encour- aged fully and meaningfully to participate in reviewing the relocation plan and monitoring the relocation assistance program. (b) W'l cn a substantial numbcrr cf pc7sons will be displaced �7cm t_hc: dwellings the public entity shall encourage the residents and community organizations in the displaczment area to fern a relocation committee. The committee shall include, when applicable, residential owner occu. pants, residential tenants, businesspeople, and members ofexisting orga- nizations within the arca. In'.icu of initiating a new proccss of citizen par. ticipation, public en dtics which have conducted or are conducting a citizen participation --recess as par, of an existing development program may substitute such process if it satisfies the requirements of this section. If a substantial number of persons will not be displaced from their dwellings. the public entity shall at least consult with and obtain the ad. vice of residents and cotnmunity organizations and make the relocation plan available to such persons and organizations prior to submitting itto the legislative body for approval. (See section 6038.) (c) At a minimum the displacing entity shall guarantee the following: (1) Tune!y and full access to all documents relevant to the relocation program. A public entity may reasonably restrict access to material where its confidentiality is prot=cd bylaw crits disclosure is prohibited by law. The displacing entity shall ensure that the information in documents the provision of which would result in disclosure of the identity of eligible persons is provided in a manner designed to avoid such disclosure. This obligation to avoid improper disclosure shall not affect the right of the person to which the information rtlates (or any other person authorized in wTiting by such person) to inspect such documents. (2) The provision of technical assistance necessary to interpret ele. ments of the relocation plan and other pertinent materials. (3) The right to submit '7itten or oral comments and objections, in- cluding the right to submit written comments on the relocation plan and to have these comments attached to the plan when it is forwarded to the local legislative body or the head of the state agency for approval. (4) Prompt, wnucn response to any'written objections or criticisms. ¢ 6014. Prerequlslte to Displacement No person shall be displaced until the public cntityhas fulfilled the ob- ligations imposed by the Act and Guidelines. § 6016. Remedles. (a) If the public entity has not fulfilled or is not substantially fulfilling its relocation responsibilities, it shall cease displacement until such time as its responsibilities art fulfilled. When appropriate project implemen- tation shall be suspended or terminated. (b) Eligible persons who move without offers of assistance and bene- fits, after the public entity was required to offer assistance or benefits, shall be provided such assistance and payments and, when appropriate, compensation for additional costs incurred. The displacing entity shall make eve -y effort to identify and locate such persons. (c) A public entity may pay a complainant's attorney's fees and costs and is encouraged to consider doing so when a complainant institutes a successful administrative appeal cr judicial action. (d) The enumeration of remedies in this section is not intended to dis- courage or preclude the use of other remedies consistent with the intent of the Act and Guidelines. Rather a public entity is encouraged to consid- er and adopt other remedies. ¢6018. Priority of Federal Law. Lra public entity undertakes a project with federal financial assistance and consequently must provide relocation assistance and benefits as re- quired by federal law, the provisions of the Act and Guidelines shall not apply; but if an obligation to provide relocation assistance and benefits is not imposed by federal law the provisions of the Act and Guidelines shall apply. 6020. 3everabI14. If any provision of the Guidelines or the application thereof is held in- valid, such invalidity shall not affect other provisions or applications of the Guidelines which can be given effect without the invalid provision or application, and to this end the provisions of the Guidelines are severable. Page 263 (L -t-90) § 6030 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 25 Article 2. Relocation Assistance Advisory Program and Assurance of Comparable Replacement Housing 16030. Purpose. The purpose of this part is to set forth requirements with respect to the development and implementation of a relocation assistance advisory pro- gram for the provision of specified services and to prescribe the obliga- tion of a public entity not to displace or cause the displacement of any per- son from his dwelling without adequate notice and unless compar%ble replacement housing is available. ¢ 6032. Relocation Assistance Advisory Program. Public entities shall develop and implement a relocation assistance ad- visory program which satisfies the requirements of this article and of Title VI of the Civil Rights Act of 1964,Tidc VIII of the Civil Rights Act of 1968, the Unruh Civil Rights Act and the Rumford Act Such program shall be administered so as to provide advisory services which offer max- imum assistance to minimize the hardship of displacement and to ensure that (a) all persons displaced from their dwellings are relocated into hous- ing meeting the criteria for comparable replacement housing, and (b) all persons displaced from their places of businm or farm operations aro as- sisted in reestablishing with a minimum of delay and loss of earnings. § 6034. Eligibility. (a) Relocation assistance and benefits shall be available to: (1) Any person who occupies property from which he will be dis- placed. (2) Any person who will move from real property or will move his per- sonal property from real property, because he will be displaced from oth- er real property on which he conducts a business or farm operation. (3) Any person who moves frommal property as a result of its acquisi- tion by a public entity whether the move is voluntary or involuntary. (4) Any person who, following the initiation of negotiations, moves as the result of the pending acquisition. Such a person is eligible if the prop- erty is subsequently acquired by the public entity-. if this is not acquired, such a person, at the discretion of the public entity, may be declared eligi- ble. (5) Any person who moves as the result of pending acquisition by a public entity either following receipt of a Notice of Intent to Displace (see section 6086) or as a result of inducement cr encouragement by the public cn city. (b)(1) Post -acquisition tenants, those who lawfully occupy property only after a public cntity acquires it, arc not eligible for assistance and benefits if. before occupying the property, they arc informed by the pub- lic entity that the property has been acquired for a public use and will be available as housing only in the interim between acquisition and develop- ment and that development for such use may result in termination of the tenancy sooner than would otherwise be expected. When post-ecquisi- tion tenants arc so informed that they aro not eligible even though they move as the result of a written order from the public entity to vacate the real property. A public entity shall inform prospective tenants regarding the pro- jected date of displacement and, periodically, should inform post-9cqui- sition tenants of any changes in this projection. Persons who become post -acquisition tenants after the effective date of the Guidelines, who are not so informed and who move as the result of a written order from the public entity to vacate are eligible for assis- tance and benefits, except where they are evicted in accordance with the provisions of section 6058. (2) When the displacement of a post -acquisition tenant causes a hard- ship for that person because of a critical housing shortage, age, handicap, infrrmiry, lack of financial means or other circumstance, the displacing entity may provide relocation assistance and benefits. In such hardship situations a public entity is encouraged to provide assistance and payment for moving expenses. (3) Where a public entity, or property it owns, is making housing avail- able on a permanent basis (i.e.. not pending development), a postacqui- sition tenant who moves as the result of a written order from the public entity to vacate is eligible for relocation assistance and benefits if the or- dcr to vacate is related to a plan to demolish or rehabilitate such units. Sale of such units to a private person establishes eligibility without need for a written order to vacate. ¢ 6036. Rehabilitation, Demolition, Code EnforcanmL If a public entity undertakes a rehabilitation or demolition program or enforcement of building codes and as a result a person or business is dis- placed from privately owned property. the public cntity may provide as- sistance and benefits, but it is not required to do so. If a person or business is displaced by such an undertaking from property acquired by a public entity, the public entity shall provide assistance and benefits. ¢ 6038. Relocation Plan. (a) As soon as possible following the initiation of negotiations and prior to proceeding with any phase of a project or other activity that will result in displacement a public entity shall prepare a Relocation Plan and submit it for approval to the local legislative body, or in the case of a state agency, the head of the agency. When the public entity's action will only result in an insignificant amount of non-tcsidential displacement, the re- quirements of this section need not be satisfied. (b) A Relocation Plan shall include the following: (1) A diagrammatic sketch of the project area. (2) Projected dates of displacement. (3) A written analysis of the aggregate relocation needs of all persons to be displaced (as required by section 6048) and a detailed explanation as to how these needs are to be met. (4) A written analysis of relocation housing resources (as required by section 6052). (5) A dctai.lcd description of the relocation advisory services program, including specific procedures for locating and referring eligible persons to comparable replacement housing. (6) A description of the relocation payments to be made (pursuant to Article 3) and a plan for disbursement (7) A cost estimate for carrying out the plan and identification of the source of the necessary funds. (8) A detailed plan by which any last resort housing (as described in section 6054 and Article 4) is to be built and financed. (9) A standard information statement to be sent to all persons to be dis- placed (as required by section 6046). (10) Temporary relocation plans, if any. (11) A description of relocation office operation procedures. (12) Plans for citizen participation. (13) An enumeration of the coordination activities undertaken (pur- suant to section 6052). (14) The comments of the relocation committee, if any (pursuant to section 6012). (15) A written determination by the public entity that the necessary re- sources will be available as required. (c) A Plan prepared by a local public entity shall be consistent with the local housing element (prepared pursuant to California Administrative Code, Title 25, Chapter 6, Subchapter 3.) (d) In the event of delay of implementation of the relocation program, the plan shall be updated annually. (c) (1) Copies of the plan shall be submitted formview to thereloeation committee and the department 30 days prior to submission to the local legislative body or head of state agency for approval. Copies shall be available to the public upon request. (2) General notice of the plan shall be provided. Notice shall be de- signed to reach the occupants of the property. it shall be in accordance Page 263 Title 25 Department of Non5ing and Community Development Programs 4 6444 with the provisions of paragraph 6046(a)(3) and subsection 6046(b); and it shall be provided 30 days prior to submission to the local legislative body or head of state agency for approval. HLMIty 1. Amendment of subsection (c) filed 1-28-77 a procedural %nd orgm izationsh. effective upon filing (Register 77, No. 5). § 8040. Minimum Requirements of Relocation Assistance Advisory Program. (a) Each relocation assistance advisory program undertaken pursuant to this Article shall include, at a minimum, such measures, facilities or services as may be necessary or appropriate in order to: (1) Fully inform eligible persons under this Article within 15 days fol- lowing the initiation of negotiations for a parocl as to the availability of relocation benefits and assistance and the eligibility requirements them - for, as well as the procedures for obtaining such benefits and assistance, in accordance with the requirements of section 6046. (2) Determine the extent of the need of each such eligible person for relocation assistance in accordance with the requirements of section 6048. (3) Assure eligible persons that within a reasonable period of time prior to displacement there will be available comparable replacement housing, meeting the criteria described in section 6008(c), sufficient in number and kind for and available to such eligible persons. (4) Provide current and continuing information on the availability. prices, and rentals of comparable sales and rental housing, and of compa- rable commercial properties and locations, and as to security deposits, closing costs, typical down payments, interest rates, and terms for resi- dential property in the area. (5) Assist each eligible person to complete applications forpavments and benefits. (6) Assist each eligible, displaced person to obtain and move to a com- parable replacement dwelling. Only adequate inspection will insure that a particular unit meets this standard. If a displaced person occupies a unit to which he is rrfcrrzd by the public entity and the unit does not satisfy the comparable replacement dwelling standard, the public entity has not fulfilled its obligation to assist the displaced person to obtain such a dwelling. Whenever this occurs the public entity shall offer to locate such a dwelling for the displaced person and to pay again all moving and related expenses. If the displaced person chooses not tomovc from the unit that he occupied following referral, the public entity shall not assert that he is ineligible to receive relocation as- ristance and benefits on the basis of that unit's failure to satisfy the com- parable replacement dwelling standard. (7) Assist each eligible person displaced from his business or farm op- cration in obtaining and becoming established in a suitable replacement location. (8) Provide any services required to insure that the relocation process does not result in different or separate treatment on account of race, color, religion, national origin, sex, marital status or other arbitrary circum- stanccs. (9) Supply to suchcligiblc persons informationconceming federal and state housing programs, disaster loan and other programs administered by the Small Business Administration, and other federal or state pro- grams, offering assistance to displaced persons. (10) Provide other advisory assistance to eligible persons in order to minimize their hardships. It is rtcommcnded that, as needed, such assis- tsrrec include counseling and refctisls with regard to housing, financing, employment, training, health and welfare, as well as other assistance. (1 l) Inform all persons who are expected to be displaced about the eviction policies to be pursued in carrying out the project, which policies shall be in accordance with the provisions of section 5058. (b) Relocation Office. When a substantial number of persons will be displaccd and the rcloca- tion staff's office is not easily accessible to those persons, a displacing entity is encouraged to establish at Ieast one appropriately equipped site office which is accessible to all the area residents who may be displaced and is staffed with Gained or experienced relocation personnel. Office hours should be scheduled to accommodate pe. -sorts unable to visit the of- fice during normal business hours. (c) Each displacing entity shall establish and maintain a formal grev- ance procedure for use by displaced perscns seeking administrative rU view of the entity's detcr=ations. The procedure shall be in accordance with the requircmcrnts of Article S. 6042. Replacement Housing Prior to Dlsplacament; Notices to Displaced Persons. (a) No eligible person shall be required to move from his dwelling un- less within a reasonable period of time prior to displacement comparable replacement dwellings (as defined in subsection 6008(c)) or, in the case of a temporary move (as defined in section 6044), adequate replacement dwellings (as defined in subsection (b) below) are available to such per. son. (b) The criteria for adequate replacement dwellings arc in all respects identical to those for comparable replacement dwellings, except that an adequate replacement dwelling, with respect to the number of rooms, habitable living space and type of construction, mord be only adequate not comparable. (c) Reasonable Offer of Replacement Housing. The requimments of this section shall be deemed to have been satisfied if a person is offered and refuses withoutjustification reasonable choices of specifically identified comparable replacement dwellings which fully satisfy the criteria set forth in the Guidelines. The offers shall be in writ- ing, in a language understood by the displaced person. The number ofof. fcrs determined to be reasonable should be not less than three. (d) Notice. No eligible person occupying property shall be required to move from a dwelling or to move a business or farm operation, without at least 90 days written notice from the public entity requiring the displacements. Public entities shall notify each individual tenant to be displaced as well as each owner -occupant. (These requirements are in addition to those contained in sections 6040 and 6046.) (e) Waiver. The requirement in subsection (a) above may be waived only when im- mediate possession of real property is of crucial importance and by one of the following circumstances: (1) When displacement is necessitated by a major disaster as defined in Section 102(2) of the "Disaster Relief Act of 1974" (88 Stat. 143, 42 U.S.C. 5121). (2) During periods of declared national or state emergency. 6044. Temporary Wove. (a) General. (1) A public entity shall be required to minimize to the greatest extent feasible the use of temporary relocation resources (as defined in section 6042) but, when a project plan anticipates moves back into completed project accommodations, temporary relocation mso=cs may be used, at the displaced person's election for a limited period of time. (2) Temporary relocation docs not diminish the responsibility of the pubic entity to provide relocation assistance, services and benefits de- signed to achieve permanent relocadon of displaced persons into compa- rable replacement dwellings. (b) Requirtments. (I) Temporary replacement housing may not be relied upon if compa- rable replacement housing will not be available to the displaced person within 12 months of the date of the temporary move. (2) Prior to the move, the public entity shall have determined and have provided written assurance to each displaced person that: (A) Comparable replacement housing will be made available at the earliest possible time but in any event no later than 12 months from the date of the move to temporary housing. Temporarily housed persons may agree to extend the 12 month limitation but. if they do not, the public enti- Pace 26-7 § b0M BARCLAYS CALIFORNIA CODE OF REGU"L.ATIONS ty shall ensurt thatccmparsble replacement dwellings are available with- in the 12 month period. (B) Comparable rtplaccment housing will be made available, on a priority basis, to the individual or family who has been temporarily re- housed. (C) The move to temporary housing will not affect a claimant's eligi- bility for a replacement housing payment nor deprive him of the same choice of replacement housing units that would have been made available had the temporary move not been made and the costs of a temporary move will not be considered as all or a part of the relocation payments to which a displaced person is entitled. (D) If a project plan anticipates moves back into replacement housing accommodations in the project or program area, the person who has been temporarily displaced will be given priority opportunity to obtain such housing accommodations. (E) The public entity will pay all costs in connection with the move to temporary housing, including increased housing costs. 16046. Informational Program. (a) Basic Requirements. The displacing entity shall establish and maintain an information pro- gram that provides for the following: (1) Preparation and distribution of infor-madoral material as early as practicable, to each occupant of the property. This material shall be dis- tributed within 15 days following the initiation of negotiations (see para- graph 6040(a)(1)) and not Im than 90 days in advance of displacement except for those situations described in subsection 6042(e). Where ap- propriate, separate informational statements shall be prepared for rtsi- dential and for non—residential occupants. (2) Conducting personal interviews and maintaining personal contacts with occupants of the property to the maximum extent practicable. (3) Utilizing meetings, newslcncrs, and other mechanisms, including local media available to all persons, for kecping ocr-upants of the property informed on a continuing basis. The criterion for selecting among various alternatives shall be the likelihood of actually communicating informa- tion to such persons. Legal publications, legal ads in local newspapers of general circulation and similar means which may go unnoticed are deemed to be inadequate. (b) Language. Informational material should be prepared in the lan- gua8e(s) most easily understood by the recipients. In displacement arras where there are significant concentrations of persons who do not read, write, or understand English fluently, the native language of the people should be used and all informational material should be provided in the native language(s) and English. (c) Method of Dclivery. To assure receipt of the informational materi- al, the local agency should arrange to have the material cithcrhand—dcliv- ered to each occupant of the property with a request for a written r=ip4 or sent by certified mail, return receipt requested. (d) General and Specific Information. In addition to disseminating general information of the type described in this section, the displacing entity shall also provide each person with individual, written notification as soon as his eligibility status has been established. (e) Content of Informational StalemenL Attachment A identifies the kinds of information required to be included in statements distributed to occupants of the property. The figure lists minimum requirements. The displacing entity should include any additional information that it be- lieves would be helpful. (Sec Attachment A.) HISrt7RY 1. Amendment of subsection (0(1) filed 11-5-76 u an emergency: deaipiated effective 11-27-76 (Register 76, No. 44). 2. Certificate of ConTlianee filed 2-16-77 (Register 77, No. 8). Title 2,5 which to plan for housing and other accommodations, as well as counscl- ing and assistance needs. (2) Coordination with Other Agencies. other agencies may also be conducting surveys in the area at the same time. Coordination will be nec- essary to avoid duplication and to ensure that necessary information is available at the appropriate time. Surveys utilized to gathrdata for social service refcrrals should be planned in cooperation with social srvice agencies and a referral system should be established. (3) Information to Persons to Be Displaced. The local agency shall carefully explain and discuss fully with each person interviewed the pur- pose of the survey and the nattim and extent of relocation payments and assistance that will be made available. All persons shall be advised and encouraged to visit the relocation office for information and assistance. (4) Relocation Records. Based on information obtained during the sur- vey and other sources as applicable, the local agency shall prepare and maintain an accurate relocation record for each person to be displaced. The record shall contain a description of the pertinent characteristics of the persons to be displaced and the assistance deemed to be necessary. (b) The survey shall be by direct. personal interview, except where re- peated efforts indicate that is not possible. When a person cannot be inter- viewed or the interview does not produce the information to be obtained reasonable efforts shall be trade to obtain the information by other means. Eligible persons should be encouraged to bring any change in tt:eir needs to the attention of relocation of"ficials.The survey shall be up- dated at least annually. (c) A public entity shall endeavor to obtain the following information: income; whether a person is elderly or handicapped, size of family; age of children; location of job and factors limiting accessibility; area of pre- fcmd relocation; type of unit preferred; ownership or tenant preference; nccd for social and public services, special schools and other services; eligibility for publicly assisted housing; and with reference to the present dwelling, the rent, the type and quality of constrxtion, the number of rooms and bedrooms, the amount of habitable living space, and locational factors including among others public utilities, public and commercial facilities (including transportation and schools) and neighborhood condi- tions (including municipal services). Othermatters that concern a house- hold as its members contemplate relocation should also be included. (d) A written analysis of relocation housing needs shall be prepared. It shall be prepared in sufficient detail to enable determination of the availability for all potential displaces of housing which meets the stan- dards set forth in the de finition of comparable replacement housing. The information concerning home ownership and rental units shall be pro- vidcd separately. The number of units needed shall be identified by cost for each size category. The needs of elderly and handicapped households shall be shown separately and shall include information on the number of such households requiring special facilities and the nature of such faci- litics. The statement of relocation housing needs shall include a description of the locational characteristics of the displacement area neighborhoods corresponding to the requirements of comparable replacement housing. Information shall be provided concerning proximity to present employ- ment sources, medical and recreational facilities, paries, community cen- ters, shopping, transportation and schools. Information concerning prox. unity to other relevant needs and amenities is essential to ensuring that no residents arc incapacitated by the relocation and such information also should be provided. g 6048. Survey and Analysls of Relocation Needs. (a) (1) Requirement. Immediately following the initiation of negoti- ations interview all eligible persons, business concems, including non- profit organizations, and farm operations to obtain information upon §6050. Failure to Conduct Timely and Effective Survey. When a survey is not conducted in a timely and effective manner, the public entity shall be obligated to make every effort to locate all eligible persons who have moved so that their needs can be included in the survey and the impact on the housing stock in the community can be mors accu- rately determined. The public entity shall offer such persons all reloca- tion assistance and benefits for which they otherwise qualify and, in addi- tion, shall compensate such persons for all costs occasioned by the Page 266 Title 25 Department of Housing and Community Development Programs $ 60rg entity's failure to provide timely notice and offer of relocation usis- tancc and bcncats. 4 6052. Survey and Analysis of Available Relocation Resources. (a) (1) To enable a public entity rea3onably to dere: mine that the requi- rite comparable replacement dwellings will be available, the public enti- ty, within 15 days following the initiation of negotiations, shall initiate a survey and analysis of available comparable relocation resources. If a recent survey that provides the information identified in this sec- tion is not available, the public entity shall conduct a survey and analysis of the housing market. If a recent survey is available, but it docs not reflect mots recent, significant changes in housing market conditions, the sur- vey shall be updated or it shall not be relied upon. (2) When more than 25 households will be displaced, survey results shall be submitted for review to local housing, development and planning agencies and shall be compared to other existing information on housing availability. (3) The survey shall be updated at least annually. (b) The survey area shall be reasonably related to the displacement area and to the needs and preferences of the persons to be displaced, as indicated in the written analysis prepared pursuant to section 6048. The survey area shall have relevant characteristics (see subsection 6008(c)) which equal or exceed those of the neighborhood from which persons are to be displaced. (c) A written analysis of relocation housing resources shall be pre- pare.f in sufficient detail to enable determination of the availability for all potential displacccs of housing which meets the standards set forth in the definition of comparable replacement housing. The information con- cerning homeownership and rental units shall be provided separately. The number of units available shall be identified by cost for each size category. Resources available to meet the needs of elderly and handi- capped households shall be shown separately and shall include informa- tion on the number of units with special facilities and the nature of such facilities. The analysis of resources shall include a description of the locational characteristics of the survey area neighborhoods corresponding to the re- quiremcnts of comparable replacement housing. Information shall be provided concerning proximity to present employment sources (w ith the consent of the displaced person a potential employer may be substituted), medical and recreational facilities, parks, community centers, shopping, transportation and schools. Information concerning proximity to other relevant needs and amenities is essential to ensuring that residents ars not incapacitated by the relocation and such information should also be pro- vidcd. (d) (1) Units which do not satisfy the standards of oomparablc mpl3ce- ment housing• including the locational criteria,, shall not be counted as a relocation resource. (2) Uncompleted new construction or rehabilitation shall not be in- cluded in the gross figure unless there is a substantial likelihood that the units will be available when needed and at housing or rental costs within the financial means of the prospective occupants. (3) In addition to the othermquirements of this section,the gross figtct representing the number of units available shall be discounted to reflect both concur-ent displacement and the extent to which turnover is rcpre- sented. Concurrent displacement by the federal government and its agcn- cies, including federally–assisted projects, as well as displacement by other public entities shallbe taken into account. Turnover is the dynamic operation by which occupancy changes occurwithin a standing inventory over a period of time and theoretically could occur in the complete ab- sence of vacancies on a person to person basis. The use of turnover for relocation is notpermissible. The displacing entity shall assume that four percent of the rental and one percent of the ownership units which meet the standards of comparable replacement dwellings (see section 6008(c)) represents tumovcr. The displacing entity shall use a higher percentage figtrre if such figure is more accurate. The displacing entity may use a lower fig= if it establishes that the lower figure is a mere accurate as. gumption. (4) Publicly subsidized housing, including public housing, shall not be counted as a resource unless it reasonably can be established that: (A) Tac units will be available when needed; (B) The governmental body providing the subsidy has made, in writ. ing, a reasonably binding commitment of amistaxe; and (C) The units have been inspected and dacrmincd to be decent, safe and sanitary and the income ceilings, rent ranges and age restrictions, if any, have been considered. (D) The numb.-- units available in the community exceeds the num- be of households in need of the units. This requirement may be waived by the department if the public entity can establish that such units will be rtplaced by last resort housing within two years. To establish that last re- sort housing will be developed as required the public entity must have site control with permissive zoning, preliminary plans and conditional com- mitments for subsidy and financing or the equivalent. Tax public entity also must identify ownership. (c) Uncompleted new construction or rehabilitation which is subsi- dized by public finds shall not be counted as a relocation resource unless the units are being subsidized to provide relocation resources. 6054. Last Resort Housing. (a) No eligible person shall be required to move &am his dwelling be- cause of the action of a public entity unless comparable replacement housing is available to him. (b) If on the basis of its survey and analysis of relocation needs and rt- sourccs a public entity cannot determine that comparable replacement housing will be available as required, the public entity may not proceed with any phase of a project or other activity which will result in displace- ment unless it provides such housing. (See Article 4.) (c) If the action of a public entity has resulted or is resulting in displace- ment and comparable replacement housing is not available as needed, the public entity shall use its funds, or funds authorized forthc project to pro.- vide ro-vide such housing (see Article 4), or shall terminate or suspend further implementation of the project activity in accordance with the provisions of section 6018. (d) Temporary relocation resources may be relied upon in the interim only if the provisions of section 6004 arc satisfied. § 6056. Termination of Relocation Assistance. A public entity's relocation obligations ctme under the following cir- cumstances: (a) A displaced person moves to a comparable replacement dwelling and receives all assistance and payments to which he is crtided. (b) The displaced person moves to substandard housing, refuses rea- sonable offers of additional assistance in moving to a decent, safe and sanitary replacement dwelling and receives all payments to which he is entitled. (c) All reasonable efforts to trace a person have failed. To ensure that the action of a public entity does not reduce the housing supply in critical categories or locations, unsuccessful efforts to trace a particular dis- placed person shall not lessen the obligation to provide last resort hous- ing. (See Article 4.) (d) The business concern or farm operation has received all assistance and payments to which it is entitled and has been successfully relocated or has ceased operations. (c) A person displaced &omhis dwelling, business or farm refuses rea- sonable offers of assistance, payments and comparable replacement housing. 16058. Eviction. (a) Eviction is permissible only as a last resort. It in no way affects the eligibility of evicted displaced persons for relocation payments. Rcloca- tion records must be documented to reflect the specific circumstances surrounding the eviction. J 6060 BARCLAYS CALIFO&NIA CORE QF UQVLr1Ti4.N§ (b) Eviction shall be undertaken only for one or more of the following reasons: (1) Failure to pay rent, except in those cases whom the failure to pay is due to the lessor's failure.to kzcp the premises in habitable condition, is the result of harassment or retaliatory action or is the result of disconti- nuation or substantial interruption of services. (2) Performance of a dangerous, illegal act in the unit. (3) Material breach of the rental agreement and failure to correct breach within 30 days of notice. (4) Maintenance of a nuisance and failure to abate within a reasonable time following notice. (5) Refusal to accept one of a reasonable number of offers of replace- mern dwellings. (6) The eviction is required by State or local law and cannot be pre- vented by reasonable efforts on the part of the public entity. GW. Evaluation of Relocation. (a) A public entity is encouraged to evaluate its relocation program, as- sessing the quality and quantity of services provided as well as displacee satisfaction. to determine the adequacy of program planning and to ascer- tain whether any persons have been denied the full benefits and services to which they are on titled. The oval uation should be based upon an annual or continual inspection of files and records, case interviews, and inspec- doo of replacement housing and business and farm replacement locations and discussions with local individuals or organizations familiar with re- location issues. A written evaluation should be prepared at least annually. (b) The files and records of displaced persons and property owners should be selected at random. The review should include any cases that were identified by previous monitoring as requiring corrective action and should assess the public entity's progress in taking corrective action. Both relocation and acquisition activities should be covered by the re- view. (1) The relocation sample should include casae in which all payments have been completed and cases in which the person has been displaced but all payments have not yet been made. The sample should provide a basis forthe reviewer to determine not only whether payments were com- puted properly and made promptly, but also whether displaced persons received proper notice of the full range of relocation assistance and ser- vices to which they are entitled. Priority attention should be given to cases in which a grievance has been filed or the agency has determined that a person is ineligible for relocation benefits. (2) The acquisition sample should be based on cases in which settle- ment has been completed. However, if necessary to provide a represcnta- tive sample of acquisition activities, the reviewer should include incom- plete transactions in which negotiations have been initiated. (c) After the records and files have been reviewed, the reviewer should select cases for further evaluation through personal interviews with dis- placed persons and/or owners and the inspection ofhousing to which per- sons have moved. The interviews and housing inspections should serve both to spot chock the autuacy of the information obtained in the exami- nation of the records and files and give the reviewer a better perspective on the agency's performance. T= number and type of cases for which interviews and housing in- specdons are to be carried out should reflect the reviewer's judgment based on the information he has just reviewed. Generally, an interview and inspection should be carried out for at least one of every five cases forwhich the files and records have been reviewed Only where the num- ber of persons displaced is less than 25 should the number of interviews and inspections be less than 10. In no case should the number of inter- views and inspections be lower than the lesser of five and the number of persons displaced. To the extent possible, the interviews should cover a representative cross section of the types of cases in the agency's work- load. e.g., relocation cases involving families of various sizes as well as individuals and business concerns (including both owners and tenants), Title and acquisition transactions involving residential, commercial and in- dustrial properties. (d) In addition to the above, the following factors are among those which should be considered: (1) The effectiveness of efforts to provide relocation services to dis- placed persons, including timeliness of notice and correctness of eligibil- ity determinations. (2) The satisfaction of relocated families, individuals and business concerns in their new locations. (3) The extent to which self --moves to substandard housing have been minimized. (4) The effectiveness of efforts to provide mlocation services to busi- ness concerns, including counseling services and SBA loans to aid in their reestablishment. (5) The promptness of processing claims and the making of payments, including the amounts, delivery, and use of relocation payments. (6) The number and magnitude of rent increases following acquisition and displacement. (7) The effectiveness of methods used to resolve difficulties experi- enced by site occupants. (8) no effectiveness of the public entity's grievance procedures. (9) The extent of resident involvement in planning the relocation pro- gram. (10) The effectiveness in assuring equal opportunity for displaced per- sons and in reducing patterns of minority—group concentration. (11) The effectiveness of relocation in upgrading the housing and overall environmental conditions of persons displaced. (12) The effectiveness of the social service program, including coun- scling smites, in helping residents adjust to relocation and in helping solve individual and family problems. (13) The impact on those segments of the housing market serving the income groups displaced. Article 3. Relocation Payments ¢ 6080. Purpose. The purpose of this Article is to set forth the types of, and specific eligi- bility criteria for, relocation payments to displaced persons. Basic eligi- bility conditions are set forth in section 6084. Specific conditions relating to particular payments are described in later sections. ¢ 6082. Relocation Payments by Public Entity. A public entity shall make relocation payments to or on behalf of eligi- ble displaced persons in accordance with and to the full extent permitted by this Article. The obligations described in this Article are in addition to those in Article 6. ¢ 6084. Basic Eligibility Conditions. A person establishes basic eligibility forrclocation payments if he sat- isfies the conditions described in section 6034. A person who moves from real property or who moves his personal property from real property be- cause he will be displaced from other real property on which he conducts a business or farm operation, establishes eligibility on the basis of the move from such other property only for payments made pursuant to sec- tion 6090. ¢ 6086. Notice of Intent to Displace. A public entity may issue a written Notice of Intent to Displace at any time after forming a reasonable expectation of acquiring real property. Such a notice, by establishing eligibility prior to acquisition, will enable a public entity to respond to hardship and other situations. 16088. Ficins of Claims; Submission of Tax Returns. All claims filed with the public entity shall be submitted within eigh- teen months of the date on which the claimant receives final payment for the property or the date on which he moves, whichever is later. The dis- Page 268 (.- I-") Title 25 Department of Housing and Community Development Programs g 6092 placing entity may extend this period upon a proper showing of good cause. Except where specifically provided otherwise a claimant shall not be required to submit a copy of his tax returns in support of a claim for rclo- cation payments. j 6090. Actual Reasonable Moving Expenses. (a) Goner al. A public entity shall make apayment to a displaced person who satisfies the pertinent eligibility requirements of section 6084 and the requirements of this section, for actual reasonable expenses specified Wow and subject to the limitations set forth in subsection (c) of this sec- tion formoving himself, his fs.mily, business, farm operation or other per- sonal property. In all cases the amount of a payment shall not exceed the reasonable cost of aceomplishing the activity in connection with which a claim has been filed. The moving and related expenses for which claims may be filed shall include: (1) Transportation of persons and property not to exceed a distsacc of 50 miles from the site Brom which displaced, except where relocation be- yond such distance of 50 miles is justified; (2) Packing, crating, unpacking and unc:ating personal property (3) Such storage of personal property, for a period generally not to ex- ceed 12 months, as determined by the public entity to be necessary in con- nection with relocation; (4) Insurance of personal property while in storage or transit; and (5) The reasonable replacement value of property lost, stolcn or dam- aged (not through the fault or negligence of the displaced person, his agent, or employee) in the process of moving, where insurance covering such loss, theft or damage is not reasonably available. (6) Thc cost of disconnecting, dismantling, removing, reassembling, reconnecting and reinstalling machinery, equipment or other personal property (including goods and inventory kept for sale) not acquired by t,,c public entity, including connection charges imposed by public uali- tics for starting utility service. (b) Actual Reasonable Moving Expenses—Displaced Business Con- cerns and Farm Operations. In addition to those compensable expenses ser forth in subsection (a) of this section, a displaced business concern err farm operation may file a claim for the following moving and related expenses: (1) The cost, directly related to displacement and subject to the limita- tion imposed by paragraph (b)(2), of: (A) Any addition, improvement, alteration or other physical change in or to any structure or its premises in connection with the reassembling, reconnection or reinstallation of machinery, equipment or other personal property. A public entity, at its discretion, may compensate a displaced business or farm for any addition, improvement, alteration or othcrphysi- cal change otherwise required to render such structure, premises, or equipment suitable for the business or farm's use. (B) Modifying the machinery, equipment, or other personal property to adopt it to the replacement location or to utilities available at the re- placement location or modifying the power supply. (2) Claims forpaymcnt under this subsection shall be sub,;ect to the fol- lowing limitations: (A) Reimbursable costs shall be reasonable in amount. (B) The cost shall be found by the public entity to be required by law or ordinance or to be otherwise necessary to the reestablishment of the dspiwed business or farm - (C) The cost coald not be avoided or substantially reduced at an alter- nate available and suitable site to which the business was referred. (D) The public entity shall deduct, on the basis of a reasonable esti- mate, the amount, if any, realized by the displaced business concern as compensation for comparable additions, improvements, alterations or other physical changes to the structure and premises acquired, as part of the payment made for the acquisition of such structure and premises. (3) The cost of any license, permit or c- dfication required by a dis- placed business cencem to the extent such cost is necessary to the rtes- tablishment of its operation at a new locution. (4) The reasonable cost of any pmfcssiersl services (including butnot limited to, architects', attorneys' or enginccr,' fees, or consultants' charges) necessary for planning the move of pcmcrral property, moving the personal property, orinstalLation of relocated pe: conal property at the replacement site. (5) Where an item of personal property which is used in tonne„ -tion with any business or farm operation is not moved but is replaced with a comparable item, reimbursement in an amount not to exceed (1) the re- placement cost, minus any net proceeds received fiom its sale, or (2) the estimated cost of moving, whichever is less. (c) Advance Payments. A displaced person may be paid for his antici- pated moving expenses in advance of the actual move. A public entity shall provide advance payment whenever lair, payment would result in financial hardship. Particular consideration shall be given to the financial limitations and difficulties experienced by low and moderate income per- sons and small farm and business operations. (d) The specific provisions contained in this section are not intended to preclude a public entity's reliance upon other reasonable means of ef- fecting a move, including contracting moves and arranging for assign- ment of moving expense payments by displaced persons. (e) Sclf-moves. Without documentation of moving expenses actually incurred, a displaced person electing to self -move may submit a claim for his moving expenses to the public entity in an amount not to exceed an acceptable low bid or an amount acceptable to the displacing entity. (f) Personal Property of Crow Value and High Bulk—Business orFanm Operation. Where, in the judgment of the public entity, the cost of moving any item of personal propcty of low value and high bulk which is used in connection with any business or farm operation would be dispropor- tionate in relation to its value, the allowable reimbursement for the ex- pcnse of moving such property shall not exceed the difference between the cost of replacing the same with a comparable item available on the market and the amount which would have been received forsuch proper- ty on liquidation. This provision may in appropriate situations be applied to claims involving the moving of junkyards, stockpiles, sand gravel, minerals, metals and similar property. (g) Documentation in Support of a Claim. (1) General. Except in the case of a displaced person conducting a self - move as provided in subsection (c) above, a claim for a payment under this section shall be supported by a bill or other evidence of expenses in- curred. By prearrangement between the public entity, the site occupant, and the mover, evidenced in writing, the claimant or the mover may pres- ent an unpaid moving bill to the public entity, and the public entity may pay the mover directly. (2) Business and Farm Operations. Each claim in excess of 51,000 for the costs incurred by a displaced person for moving his business or farm operation shall be supported by competitive bids in such number as are practical. If the public entity determines that compliance with the bid re- quirement is impractical or if estimates in an amount of less than 51,000 art obtained, a claim may be supported by estimates in lieu of bids. (h) Whenever a public entity must pay the actual cost of moving a dis- placed person the costs of such move shall be exempt from regulation by the Public Utilities Commission as provided by section 7262(c) of the Act The public entity may solicit competitive bids from qualified bidders for performance of the work. Bids submitted in response to such solicita- tions shall be exempt fromrcgulaton by the Public Utilities Commission. 6092. Actual Direct Losses of Tangible Personal Property. (a) General. A public entity shall make a paymentto a displaced person who satisfies the eligibility requirements of section 6090 and this section, for actual direct losses of tangible personal proper y as a result of moving Pace =b9 errs 1 -9�01 4 6094 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 25 or discontinuing a business or farm operation. in an amount determined by the public entity to be in accordance with the provisions of this section. (b) Determining Actual Direct Loss of Property. Actual dirtct loss of property shall be determined on the basis of the lesser of the following: (1) The fair market value of the property for continued use at its loca- tion prior to displacement (2) The estimated reasonable costs of relocating the property. The public entity may require that time owner first make a bona fide ef- fort to sell the property or it may permit the owner not to do so. The pro- ceeds rtalized from any We of all or part of the property shall be deducted from the determination of loss. In calculating payment under this section doe reasonable cost of an effort to sell shall be added to the determination of loss. (c) Documentation to Support Claim. A claim for payment hereunder shall be supported by written evidence of loss which may include apprais- als, crrtifred prices, bills of sale, receipts, cancelled checks, copies of ad- vertisements, offers to sell, auction records, and other records appropri- atc to support the claim or the public entity may agree as to the value of the property left in plact. 4 6094. Actual Reasonable Expenses In Searching for a Replacement Business or Farm. A displaced person who satisfies the pertinent eligibility requirements of section 6090 with respect to actual reasonable moving expenses, shall be eligible for a payment in an amount not to exceed 5500, in searching for a replacement business or farm, including expenses incurred for. (a) Transportation; (b) Meals and lodging away from home; (e) Time spent in searching, based on the hourly wage rate of the salary orearnings of the displaced person or his representative, but not tocxcccd S 10 per hour, and (d) Fees paid to a real estate agent or broker to locate a replacement business or farm. §6096. Moving Expenses, --Outdoor Advertising Businesses. A displaced person who conducts a lawful activity primarily for assist- ing in the purchase, sale, resale, manufacture, processing, or marketing of products, commodities, personal property, or services by the erection and maintenance of outdoor advertising displays is entitled to payment for the reasonable cost of moving such displays or their in-place value, whichever is lesser. § 6098. Alternate Payments—lndlviduais and Families. A person or family, who is displaced from a dwelling and is eligible fora payment for actual reasonable moving expenses under section 6090, may elect to receive and shall be paid, in lieu of such payment: (a) A moving expense allowance not to exceed S300 and determined in accordance with established Federal Highway Administration sched- ules maintained by the California Department of Transportation, and (b) A dislocation allowance of $200. HIsmity 1. Ameodment of subsection (a) filed 11-5-76 as an emergency; designated ef- fective 11-27-76 (Register 76, No. 44). 2. Certificate of Compliance filed 2-16-77 (Register 77, No. g). § 6100. Alternate Payments-8uslne3ses and Farm Operations. (a) General. (1) A person who is displaced from his place of business or farm opera- tion and is eligible for payments under sections 6090, 6092, 6094, or 6096, and complies with the requirementsof this section, may elect to re- ceive and shall be paid, in lieu of such payments, a payment equal to the average annual net earnings of the business or farm operation (but not in- cluding a business as described in section 6096) as determined in accor- dance with subsection (b) below, except that such payment shall be not less than $2,500 nor more than S 10,000. For purposes of this section, the dollar limitation specified in the proceding sentence shall apply to a single business, regardless of whether it is carried on under one or more legal entities. (2) Loss of Goodwill. When payment under this section will precede settlement of a claim for compensation for loss of goodwill under the Em- incnt Domain Law, the public entity before tendering payment shall state in writing what portion of the payment, if any, is considered to be com- pensation for loss of goodwill and shall explain in writing that any pay- ment made pursuant to Code of Civil Procedure, Sections 1265.510 er seq. (the Eminent Domain Law, Chapter 9, Article 6—"Compensation for Loss of Goodwill") will be reduced in the same amount. The portion considered to be compensation for loss of goodwill shall not exceed the difference between the payment made under this section and an amount which reasonably approximates the payments for which the displaced person otherwise would be eligible under Sections 6090, 6092, 6094, and 6006. Failure to provide such written statement and explanation shall constitute a conclusive indication that no portion of the payment is con- sidered to be compensation for loss of goodwill for the purposes of that portion of the Code of Civil Procedure referenced above. (b) Requirements—Businesses. Payment shall not be under this sea tion unless the public entity determines that• (1) The business cannot be relocated without a substantial loss of its existing patronage, based on a consideration of all pertinent circum- stances including such factors as the type of business conducted, the na- ture of the clientele, the relative importance to the displaced business of its present and proposed location, and the availability of a suitableroloca- tion site; (2) The business is not part of a commercial enterprise having another establishment which is not being acquired for a project and which is en- gaged in the same or similar business. Whenever the sole remaining facil- ity of a business which has been displaced from its principal location: (A) Has been in operation for less than two years; (B) Has had average annual gross receipts of less than 52,000 during the two taxable years prior to displacement of the major component of the business; or (C) Has had average annual net earnings of less than S 1,000 during the two taxable years prior to the displacement of the major component of the business, the remaining facility will not be considered another"estab- lishment" for purposes of this section; and (3) The displaced business: (A) Had average annual gross receipts of at ]cast $2,000 during the two taxable years prior to displacement; or (B) The displaced business had average annual net earnings of at least S 1,000 during the two taxable years prior to displacement; or (C) The displaced business contributed at ]east 33 1/3 percent of the total gross income of the owner(s) during each of the two taxable years prior to displacement. If in any case the public entity determines that the two year period prior to displacement is not representative of average re- ceipts, carvings or income, it may make use of a more representative peri- od. (c) Determination of Number of Businesses. In determining whether one or more legal entities, all of which have been acquired, constitute a single business, the following factors among others shall be considered: (1) The extent to which the same premises and equipment aro shared. (2) The extent to which substantially identical or intimately interre- lated business functions are pursued and business and financial affairs are commingled. (3) The extent to which such entities are held out to the public, and to those customarily dealing with such entities, as one business. (4) The extent to which the same person or closely related persons own, control or manage the affairs of the entities. (d) Requirements—Farms. In the case of a farm operation, no payment shall be made under this section unless the public entity determines that the farm met the definition of a farm operation prior to its acquisition. If the displacement is limited to only partof the farm operation, the operator Page 270 Tisk 25 Department of Housing and Corrmunity Development Pragams 16102 sn11 be considered to have been displaced from a farm operation if: the part taken met the definition of a farm operation prior to the taldng and the taking caused such a substantial change in the nanm of the erasting firm operation as to constitute a displacement. (e) Requirements—Nonprofit Organizations. In the case of a nonprof- it c rganization, no payment shall be made under this section unless the public entity determines that: (1) The nonprofit organization cannot be relocated without a substan- dal loss of its existing patronage (the term "existing patronage- as used in connection with a nonprofit organization includes the membership, persons, community, or clientele served or affected by the activities of the nonprofit organization); and (2) The nonprofit organisation is not a part of an enterprise having at Ieasz one other establishment not being acquired which is engaged in the same or similar activity. (f) Net Earnings. The term "average annual net earnings" as used in this section means one --half of any net earnings of the business or farm operation, before federal and state income taxes, during the two tat able years immediately preceding the taxable year in which the business or farm operation moves from the real property acquired for such project, or during such other period as the head of the public entity determines to be mors equitable forestablishing such earnings, and includes any com- pauation paid by the business or farm operation to the owner, his spouse or his dependents during such period. The tern "owner" as used in this vection includes the sole proprietor in a sole proprietorship, the principal partners in a partnership, and the principal stockholders of s corporation, as determined by the public entity. For purposes of determining a princi- pal stockholder, stock held by a husband, his wife and their dependent children shall be treated as one unit. (g) Lf a displaced person who conducts a business or farm operation electsto receive a fixed payment under this section, he shall provide proof of his earnings from the business or farm operation to the agency con- cerned. Proof of earnings may be established by income tax returns, fi- nancial statcmentsand accounting rzcordsorsimilarevicicnce acceptable to the public entity. KMRY 1. Amendment of subsection (e)(2) filed 11-5-76 as an emergenci; designated effective 11-27-76 (Register 76, No. 44). 2. Certificate of Compliance filed 2-16-7' (Register 77, No. 8). §6102. Replacement Housing Payments for Homeowners. (a) General. A public entity shall make to a person who is displaced from a dwelling and who satisfies the pertinent eligibility requirements of section 6084 and the conditions of subsection (b) of this section, a pay- ment not to exceed a combined total of 515,000 for. (1) The amount., if any, which when added to the acquisition cost of the dwelling acquired for the project equals the reasonable cost, as detc,- mined in accordance with subsection (c), of a comparable replacement d%-cl ing. This amount shall not c xceed the difference between the acqui- sition price of the acquired dwelling and the actual purchase price of the replacement dwelling, except where a displaced person, in the C='um_ described in paragraph 6108(a)(1), is willing to use the extra money to improve the condition of the dwelling. (2) The amount, if any, to compensate the displaced person for any m- cmased interest costs, as determined in accordance with subsection (c), he is required to pay forfinancing the acquisition of areplacement dwell- ing. The payment shall not be made unless the dwelling acquired by the public entity was encumbered by a bona fide mortgage which was a valid Lien on the dwelling for not less than 180 days prior to the initiation of nc- gotiabons for acquisition of such dwelling. (hiss time requirement may be modified in accordance with the provisions of subsection (b) below.) (3) Reasonable expenses, determined in accordance with subsection (c) of this section, incurred by the displaced person incident to the pur- chssc of the replacement dwelling. (4) Ln accordance with section 6106, the cost of rehabilitating a dwell- ing which does not satisfy the decent, safe and sanitary standard. (b) Eligibility Conditions. (1) A displaced person is eligible for pay Went under this section if such person: (A) Is displaced from a dwelling that is acquired; (B) Has actually owned and occupied such dwelling for not less than 180 days prior to the initiation of negetist-:cns for its acquisition; and (C) Purchases and occupies a replacement dwelling within one year subsequent to the date on which he received final payment from the pub- lic entity of all costs of the acquired dwelling or the date on which he moves from the acquired dwelling, whichever is later. (2) If an owner satisfies all but the 180 day requirement and can estab- lish to the satisfaction of the public endtythat he bought the dwelling with the intention of making it his place of residence, that the move was not motivated by a desire to receive relocation assistance and benefits, and that he neither knew nor should have known that public acquisition was intended the public entity may reduce the requirement as necessary, (3) Where forreasons beyond the control of the displaced person com. pletion of construction, rehabilitation, or relocation of a replacement dwelling is delayed beyond the date by which occupancy is required, the public entity shall determine the date of occupancy to be the date the dis. placed person enters into a contract for such construction, rehabilitation, or relocation or for the purchase, upon completion, of a dwelling to be constructed or rehabilitated, if, in fact, the displaced person occupies the replacement dwelling when the construction or rehabilitation is com. plcted. (4) Where, for reasons of hardship or circumstances beyond the con. trol of the displaced person, such person is unable to occupy the replace. ment dwelling by the required date, the public entity may extend the dead. line as necessary. If by the deadline the displaced person has contracted to purchase a replacement dwelling, the public entity should extend the deadline. (5) No person otherwise eligible for a payment under this section or under section 6104 shall be denied such eligibility as a result of his being unable, because of a major state or national disaster, to meet the occupan- cy requirements. (c) Computation of Replacement Housing Payment. (1) Cost of Comparable Replacement Dwelling. (A) In determining the reasonable cost of a comparable replacement dwelling, the public entity concerned shall use one of the following meth- od s: 1. Comparative Mcthod. On a case-by-case basis by determining the listing price of dwellings which have been selected by the public entity and which are most representative of the acquired dwelling unit and meet the definition of comparable replacement dwelling set out in subsection 6008(c). Whenever possible the listing price of at least three dwellings shall be considered. 2. Schedule Method. Where tic public entity determines that the com- parative method is not feasible, it may establish a schedule of reasonable acquisition costs for the various types of comparable replacement dwell- ings. Lf more than enc entity is administering a project causing displace- ment in the area, it shall cooperate with the other entities in establishing a uniform schedule for the area. The schedule shall be based on a current analysis of the market to determine a reasonable cost far each type of dwelling to be purchased. In large urban areas this analysis may be con- fined to the sub-ama from which persons ate displaced or may cover scv- crsl different sub -areas, if they satisfy or exceed the criteria listed in sub- scction 6008(c). To assure the greatest comparability of dwellings in any analysis, the analysis shall be divided into classifications of the type of construction, number of bedrooms, and price ranges. 3. Alternative Method. Where the public entity determines that neither the schedule, nor comparative method is feasible in a given situation, by the use of another resonablc method. (B) Whichever method is selected the cost shall be updated to within three months of the date of purchase of the replacement dwelling. pug" '_71 ,') 6104 BARCLAYS CALIFORNIA COLE OF REGULATIONS (2) Interest Payments. Interest payments shall be equal to the dis- counted present value of the diffcrzace between the aggregate interest applicable to the amount of the principal of the mortgage on the acquired dwelling over its remaining term at the time of acquisition, and other debt service costs, and the aggregate interest paid on the mortgage on the rz- placement dwelling, and other debt service costs. The term and amount of the mortgage on the replacement dwelling for purposes of this pan - graph shall be the lesser of the remaining term and amount of the mort- gage on the acgtared dwelling, or the actual tern and amount of the mort- gage on the replacement dwelling. The amount of the debt service cost with respect to the replacement dwelling shall be the lesser of the debt scr- vice cost based on the cost required foracomparable dwelling, or the debt service cost based on the actual cost of the replacement dwelling. Prepaid interest or "points" shall be considered in the determination of aggregate interest. In calculating the amount of compensation, increased interest cost shall be reduced to discounted present value using the prevailing interest rate paid on savings deposits by commercial banks in the general area in which the replacement dwelling is located. (3) Expenses Incident to the Purchase of the Replacement Dwelling. Payment under this section shall include the amount necessary to reim- burse the displaced person for actual costs incurred by him incident to the purchase of the replacement dwelling, including but not limited to the fol- lowing: legal, closing, and related costs including title search, preparing conveyance contracts, notary fees, surveys, preparing drawings or plats, and charges paid incident to recordation; lender, FHA, VA or similar ap- praisal eosC FHA, VA or similar application fee; cost for certification of structural soundness; credit report charges; charge for owner's and mon- gagee's evidence or assurance of title; escrow agent's fee; and sales or transfer taxes. Payment for any such expenses shall not exceed the amount attrributablc to the purchase of a replacement dwelling. Such ex- penses shall be reasonable and legally required or customary in the com- munity. Reimbursement shall not be made under the provisions of this para- graph for any fee, cost, charge, or expense which is determined to be a part of the debt service or finance charge under Title I of the Truth in Lending Act (Pub. L. 90-321), and Regulation Z issued pursuant thereto by the Board of Governors of the Federal Reserve System. Any such sum should be considered in the determination of interest payments. (d) hiulti-family Dwelling. In the case of a displaced homeowner who is required to move from a one -family unit of a multi -family building which he owns, the replacement housing payment shall be based on the cost of a comparable one -family unit in a multi -family building of ap- proximately the same density or if that is not available in a building of the next less density, or, if a comparable one -family unit in such a multi- family building is not available, the cost of an otherwise comparable sing- le-family structure. (e) Owner Retention. (1) If a displaced homeowner elects to retain, move, and occupy his dwelling, the amount payable underthis section is the difference between the acquisition price of the acquired property and the sum of the moving and restoration expenses, the cost of correcting decent, safe, and sanitary deficiencies, if any, and the actual purchase price of a comparable reloca- tion site. A public entity may limit the payment made under this subsec- tion to the amount of the replacement housing payment for which the homeowner would otherwise be eligible. (2) The payment shall not exceed $15,000. (f) Provisional Payment Pending Condemnation. If the exact amount of a replacement housing payment cannot be deter- mined because of a pending condemnation suit, the public entity con- omT4d may make a provisional replacement housing payment to the dis- placed homeowner equal to the difference between the public entity's maximum offer for the property and the reasonable cost of a comparable replacement dwelling, but only if the homeowner enters into an agree- ment that upon final adjudication of the condemnation suit the replace - Title 25 merit housing payment will be recomputed cn the basis of the acquisition price determined by the court If the acquisition price as determined by the court is greater than the maximum offer upon which the provisional replacement housing payment is based. the difference will be refunded by the homeowner to the public entity. If the acquisition price as deter. mined by the court is less than the maximum offer upon which the provi- sional replacement housing payment is based, the difference will be paid to the homeowner. (g) Lease of Condominium. For the purposes of this section, the leas- ing of a condominium for a 99 -year period, or for a term which exceeds the life expectancy of the displaced person as determined by the most re- cent life tables in Vital Statistics of the United States, as published by the Public Health Service of the Department of Health, Education and Wel- fr_, shall be deemed a purchase of the condominium. §610.4. Replacement Housing Payments for Tenants and Certain Others. (a) General. A public endry shall make to a displaced person who sads- 5es the eligibility requirements of section 6084 and the conditions of sub- section (b) below, a payment not to exceed $4,000 for either. (1) An amount, computed in accordance with paragraph (d)(1) of this section, necessary to enable such person to lease or rent a replacement dwelling for a period not to exceed 4 years; or (2) An amount, computed in accordance with paragraph (d)(2) of this cation, necessary to enable such person to make a downpayment on the purchase of a replacement dwelling (including incidental expenses de- sciibed in section 6102). If such amount exceeds 52,000, the displaced person shall equally match any such amount in excess of $2,000 in mak- ing the downpayment. (b) Eligibility Conditions. A displaced person is eligible forthe payments specified in subsection (a) if he satisfies the following conditions: (1) Has occupied the dwelling from which he is displaced for a period of not less than 90 days priortothe initiation of negotiation foracquisition of such dwelling. (2) Is not eligible to receive a replacement housing payment for home- owners under section 6102 or elects not to receive such payment. Where the displaced person is the owner -occupant of the dwelling, the payment made under paragraph 6104(a)(2) shall not exceed the amount of pay- ment to which the person would be eligible under section 6102. (3) Whenever a payment under subsection (a)(2) is sought the dis- placed person shall within one year from the date of displacement pur- chase and occupy a replacement dwelling. (c) The provisions in subsection 6102(b) formodifying the conditions of eligibility also apply to this section. (d) Computation of Payment. (1) Rentals. The amount of payment necessary to lease cr rent a com- parable replacement dwelling, under subsection (a)(1), shall be com- puted by subtracting 48 times the base monthly rental of the displaced person (as determined in accordance with this subsection), from 48 times the monthly rental for a comparable replacement dwelling (as deter- mined in accordance with this subsection): Provided, that in no case may such amount exceed the difference between 48 times the base monthly rental as dct,-rnuned in accordance with this subsection and 48 times the monthly rental actually required for the replacement dwelling occupied by the displaced person. (A) Base Monthly Rental. The base monthly rental shall be the lesser of the average monthly rental paid by the displaced person for the 3 -month period prior to initiation of negotiations and 25 percent of the displaced person's average monthly income. (See subsection 6008(1).) ';;'here the displaced person was the owner of the dwelling from which he was displaced or was not required to pay rent fcrthat dwelling, the eco- nomic rent (see subsection 6008(h)) shall be used in lieu of the average monthly rental to calculate base monthly rental. Page 272 (4-1-90) Title 25 Department of Housing and Community Development Programs $ 6112 (B) Comparable Rental. The monthly rental for a comparable replace- ment dwelling shall be the amount of rent determined by the public entity by one of the methods described in paragraph 6102(c)(1), considering rental charges instead of listing price or acquisition cost. (C) Whichever method is selected the cost shall be updated to within three months of the date of rental of the replacement dwelling. (2) Downpayment. The downpayment for which a payment specified under paragraph (a)(2) of this section may be made, together with any matching share which may be required, shall not exceed the amount of a reasonable downpayment for the purchase of a comparable replace- ment dwelling where such purchase is financed, plus expenses incident to the purchase of a replacement dwelling computed in accordance with Section 6102. The full amount of a downpayment under this section shall be applied to the punhasc of the replacement dwelling and shall be shown on the closing statement or other document acceptable to the public enti- ty. (e) Rental Payments for Displaced Owners and Dependents. (1) Owners. A displaced owner who elects to rent rather than purchase a replacement dwelling and who meets the eligibility conditions speci- fied in subsection (b) is eligible for the payment specified in paragraph (a)(1). (2) Dependents. A dependent who is residing separate and apart from the person cr family providing support, whether such separate residence is permanent or temporary, shall be entitled to payment under this sec- tion, but such payment shall be limited to the period during which the dis- placed dependent resides in the replacement dwelling. At the time the dis- placed dependent vacates that dwelling, no further payment under this section shall be made to such person. For the purposes of this paragraph a'dcpendcnt' shall be a person who derives fifty --one percent or more of his income in the form of gifts from any private person or any academic scholarship or stipend. Full-time students shall be presumed to be depen- dents but may rebut this presumption by demonstrating that fifty percent or more of their income is derived from sources other than gifts from another private person or academic scholarships or stipends. Dependents residing with the family of which they are a part shall not be entitled to any payment except as a part of the family. (f) Disbursement. Except where specifically provided otherwise, the public entity shall have the authority to disburse payments under this scc- tion in a lump sum, monthly or at other intervals acceptable to the dis- placed person. ¢ 6106. Proratlon of Payments. Forthe purpose of calculating an alternate payment under section 6098 or a replacement housing payment under section 6102 or 6104, two or more individuals (whether they are members of one family or not) living together in and displaced from a single dwelling shall be regarded as one person. Where a tenant is sharing a singlo-family dwelling with an owner-oc- larrtantBnJ nsvitigthtnwtr*-cert}nant.rrnr.fn*Shr,nrt-atrbcr, lit: &%aznr inZ nal oe eniltieb-to more than ono- haft dr (ne rental supplement ofhcr- wise payable. The owner-occu pant shall not be required to share the pay- mcnt to which he is entitled or accept a prorated amount. HvWMY 1. Amendment died 11-5-76 as an emergency; designated effective 11-27-76 (Register 76, No. 4e). 2. CertiScate of Compliance filed 2-16-77 (Register 77, o. 8). 16108. Condition of Replacement Dwelling. (a) When a displaced person qualifies for a replacement housing pay. ment (under section 6102 or 6104) by purchasing or renting a replace- ment dwelling, the unit, as a general rule, must be decent, safe and sani- tary. There an three exceptions. One is described in paragraph 6040(x)(6). The others are: (1) If the purchase of such a dwelling is the result of the public entity's failure to identify a reasonable number of comparable replacement dwellings as require -d or if the dwelling is one to which the person was refined by the public entity, the condition of the dwelling does not sff= eligibility for a replacement housing payment. (2) If the purchase of such a dwelling is act the result of a public enti- ty's referral or failure to refcr, the otherwise eligible person qualifies for a replacement housing payment if the unit is brought into compliance with the docent, safe and sanitary standard. In this situation payment shall be limited to the amount that would be provided in connection with the purchase of a similar, comparable replacement dwelling or the sum of the actual costs of acquisition (including related expenses) and rehabilita- tion, whichever is less. (b) A public entity shall not induce or encourage a displaced person to acquire a dwelling which docs not satisfy the comparable replacement housing standard. (See section 6008(c).) 16110. Certificate of Eligibility. Upon request by a displaced homeowner or tenant who has not yet pur- chased and occupied a replacement dwelling, but who is otherwise eligi- ble for a replacement housing payment, the public entity concerned shall certify to any interested party, financial institution, or lending agency, that the displaced homeowner or tenant will be eligible for the payment of a specific sum if he purchases and occupies a dwelling within the time Limits prescribed. ¢ 6112. Mobile Hames. (a) General. A mobile home is i dwelling. (See subsection 6008(8).) A person displaced from a mobile home must satisfy the same eligibility requirements and must be provided the same assistance, assurance and payments as a person displaced from a conventional dwelling. (b) Moving Expenses. If a mobile home is moved to another site, the displaced person shall be compensated for moving expenses in accor- dance with sections 6090 and 6092. The provisions of these sections which generally apply only to businesses and farms shall also apply to displaced persons who move a mobile home. (c) Replacement Housing Payments. (1) A person who owns a mobile home and site and as a replacement purchases both a dwelling and site shall be provided a replaoementhous- ing payment in accordance with section 6102. A person who owns a mo- bile home and site, and as a replacement rents both a dwelling and site, shall be provided a payment in accordance with section 6104. (2) A person who rents a mobile home and site, and as a replacement rents or purchases a dwelling and site, shall be provided a payment in ac- cordance with section 6104. (3) A person who owns a mobile home and site, and as a replacement purchases a dwelling and rents a site, shall be provided a payment in ac- cordancc with sections 6102 and 6104. The payment shall be limited to the lesser of: (A) The amount necessary to purchase a conventional comparable re- placement dwelling; and � ?, 71k-anwaint,x ser l t^�ruta hrsra.srn(asrmrnr mnhilr.hnme din accordance wiih section 61U2) plus the amount necessary to rent a re- placement site (in accordance with section 6104). In calculating this amount. the economic rent for the site shall be used in lieu of average monthly rental to determine the base monthly rental (as provided in para- graph 6104(d)(1))- (4) A person who owns a site from which he moves a mobile home shall be provided a replacement housing payment under section 6102 if he purchases a replacement site and under section 6104 if he rents a re- placement site. (5) A person who owns a mobile home which is acquired and rents the site shall be provided payment as follows: (A) If a mobile home is not available the amount required to purchase a conventional replacement dwelling (in accordance with section 6102); (B) The amount neocssary to purchase a replacement mobile home (in accordance with section 6102) plus the amount necessary to lease, rent or make a downpayment on a replacement site (in accordance with sec- tion 6104); or Pave 273 161-14 BARCLAYS CALIFORNIA CODE OF REGULATIONS (C7 If he elects to reit a replacement mobile home and site, the amount required to do so in accordance with section 6144. In calculating this pay- ment, due average monthly rental shall equal the economic rent for the mobile home plus the actual rent for the site. (6) Similar principles shall be applied to other possible combinations of ownership and tenancy upon which a claim for payment might be based. $114. Affected Property. (a) In addition to the payments required by Section 7262 of the Act (see sections 6090, 6092, 6094, 6096, 6098 and 6100), as a cost of acquisition. the public entity shall make a payment to any affected property owner meeting the requirements of this section. (b) Such affected property is immediately contiguous to property ac- quired for airport purposes and the owner shall have owned the property a.ffcaed by acquisition by the public entity not less than Igo days prior to the initiation of negotiation for acquisition of the acquired property. (c) Such payment, not to exceed fifteen thousand dollars ($15,000). shall be the amount, if any, which equals the actual decline in the fair mar- ket value of the property of the affected property ownercaused by the ac- quisition by the public entity for airport purposes of other real property and a change in the use of such property. (d) The amount, if any, of actual decline in fairmarket value of affected property shall be determined according to rules and regulations adopted by the public entity. Such rules and regulations shall limit payment under this section only to such circumstances in which the decline in fair market value of affected property is reasonably related to objective physical change in the use of acquired property. (c) "Affected property" means any real property which actually de- clines in fair market value because of acquisition by a public entity for public use of other ria] property and achange in the use of the real proper- ty acquired by the public entity. Article 4. Last Resort Housing 6120. Purpose. The purpose of this part is to set forth the criteria and procedures for assuring that if the action of a public entity results, or will result in dis- placement, and comparable replacement housing will not be available as needed. the public entity shall use its funds or funds authorized for the project to provide such housing. ¢ 6122. Determination of Need for Last Resort Housing. If on the basis of data derived from surveys and analyses which satisfy the requirements of sections 6048 and 6052, the public entity is unable to demonstrate that comparable replacement housing will be available as required, the head of the public entity shall determine whether to use the public entity's funds or the funds authorized for the project to provide such necessary replacement housing or to modify, suspend or tcrurinate the project or undertaking. 6124. Development of Replacement Housing Plan. (a) General. (1) Following the determination pursuant to section 6122, the head of the displacing public entity shall develop or cause to be developed a re- placement housingplan to produce a sufficient numberof comparable re- placement dwellings. The plan shall specify how, when and where the housing will be provided, how it will be financed and the amount of funds to be diverted to such housing, the prices at which it will be rented or sold to the families and individuals to be displaced, the arrangements forhous- ing management and social services as appropriate, the suitability of the location and environmental impact of the proposed housing, the arrange- ments for maintaining rent levels appropriate for the persons to be re- housed, and the disposition of proceeds from rental, sale, orresale of such housing. If a referendum requirement orzorang presents an obstacle, the issue shall be addressed. Title 25 (2) All contracts and subcontracts for the construction, rehabilitation or management of last resort housing shall be let without discrimination as to race, sex, marital status, color, religion. national origin, ancestry or other arbitrary cirwmstancc and pursuant to an affirmative action pro- gram. The public entity shall encourage participation by minority per- sons in all levels of construction, rehabilitation, planning, financing and management of last resort housing. When the housing will be located in an area of minority concentration, the public entity shall seek to secure significant participation of minorities in these activities. The public entity shall require that, to the greatest extent feasible, opportunities for training and employment arising in connection with the planning, construction, rehabilitation, and operation of last resort housing be given to persons of low income residing in the area of such housing and shall determine and implement means to secure the participation of small businesses in the performance of contracts for such work. (b) Citizen Participation. (1) If the need for last resort housing exceeds 25 units, the head of the displacing public entity shall establish a commute which will consult with and provide advice and assistance to the displacing public entity in the development of the plan. The committee should include appointed representatives of the displacing entity and state and local agencies knowledgeable regarding housing in the arca, including but not limited to the local housing authority and the central relocation agency, if any. In addition, the committee should include representatives of other appro- priate public groups (for example, local and areswide planning agencies) and private. groups knowledgeable regarding housing and the problems of housing discrimination. (2) The committee shall include representatives of the residents to be displaced. These representatives may be appointed by the displacing en. tity or elected by the residents, as the residents wish. Resident representa- tives shall, at a minimum, constitute one-third of the committee member- ship. Votes shall be allocated so that the total votes of resident mpres,entatives shall equal one-half of the total votes of the committee membership. (3) The plan must be approved by the vote of a simple majority of the committee membership. In the event the committee fails to approve the plan, the local governing body or, where the displacing entity is a state agency, the head of the state agency may substitute its approval. (c) Consultation with Other Housing Agencies and Organizations. The head of the displacing public entity may consult or contract with the department, a local housing authority, or other agency or organization having experience in the administration or conduct of housing programs to provide technical assistance and advice in the development of the re- placement housing plan. 1 6126. Submission of Plan for Comment. Tic head of the displacing public entity shall submit the plan and all significant amendments to the department and local housing and plan- ning agencies for comment and to assuro that the plan accurately reflects housing conditions and needs in the relocation area. Reviewing agencies shall have 30 calendar days following receipt of the plan to prepare their comments. Copies of all comments received shall be forwarded to the committee and available to all interested persons. General notice of the plan shall be provided. Notice shall be designed Lo teach the residents of the relocation area; it shall be in accordance with the provisions of paragraph 6046(a)(3) and subsection 6046(b); and it shall be provided 30 days prior to submission to the committee, or the lo- cal goveming body or head of state agency for approval. 16128. Determination by Displacing Public Entity of Feasibility and Compliance. Upon receipt and consideration of the comments, the displacing public entity shall detcminc whether or not: (a) The plan is feasible. (b) Tie plan complies with applicable environmental standards and procedures. Page 274 c4— t—M Tide 25 Department of Housiag and Community Development Programs 6156 (c) The plan is compatible with the kcal General plan and housing ele- ment and the a,cawide housing plan or strategy. If any of tux above determinations by the displacing public entity is negative the displacing public entity shall revise the plan as neccsary. Substantial modifications in the plan shall be submitted for review and comment as provided in section 6126. If necessary for timely implemen- tadon of the plan or execution of the project, the head of the displacing public entity may shoran the time allowed in section 6126 for review of modifications. ¢ 8130. Implementation of the Replacement Housing Plan. Upon making the determinations required by section 6123, the head of the displacing entity may expend funds and take such other actions as necessary to provide, rehabilitate, or constr= replacement housing pur- suant to the approved replacement housing plan through methods includ- ing but not limited to the following: (a) Transfer of funds to state and local housing agencies. (b) Contract with organizations experienced in the development of housing. (c) Dircct construction by displacing public entity. Wheneverptacticable, the head of the displacing public entity should utilize the services of federal, state, or local housing agencies, or other agencies having experience in the administration or conduct of similar housing programs. ¢ 6132. Housing Production. The head of the displacing public entity shall monitor the production of the last resort housing to ensure that it is in accordance with the plan. § 6134. Jointly Sponsored Development Where several agencies are administering programs resulting in resi- dential displacement, opporurubcs shall be sought for joint development and financing to aggrsgatc resources in order most efficiently to provide replacement housing in sufficient quantity to satisfy the aggregate needs of such programs. § 6136. Last Resort Housing In Ueu of Payments. A public entity shall not rcquirc a displaced person to accept a dwelling provided pursuant to this Article in lieu of the displaced person's acquisi- tion payment, if any, for the real property from which he is displaced or the relocation payments for which he may be eligible. § 6138. Conformity with the Act and Other Statutes, Policies and Procedures. (a) Civil Rights and Othcr Acts. The administration of this Article shall be in accord with the provisions of the Unruh Civil Rights Act (Civil Code, Sections 51 ct scq.), the Rumford Act (Health and Safety Code, Section 35700 ct scq.), Scction 1 of the Civil Rights Act of 1866 (42 U.S.C. 1982), Title VI of the Civil Rights Act of 1964. Title VIII of the Civil Rights Act of 1968, the Environmental Quality Act of 1970 (Public Resources Code, Section 21 100 et seq.) and regulations issued pursuant thereto. (b) Dwelling and Relocation Standards. Determinations made pur- suant to section 61 ^' and any plan developed and implemented for pro- viding replacement housing and all such housing provided the:.under shall be in coafo=ty with the standards established in the Act and Guidelines. Article 5. Grievance Procedures 16150. Purpose. The purpose of this article is to set forth guidelines for processing ap- peals from public entity determinations as to eligibility, the amotunt of payment- and for processing appeals from persons aggrieved by a public entity's failure to refer them to comparable permanent or adequate tcm- porary replacement housing. Public entities shall establish procedLn to implement the provisions of this Article. ¢ 8152. Right of Review. (a) Any complainant, that is any person who believes himself erg_ grieved by a determination as to eligibility, the amount of payment, the failure of the public entity to provide comparable permanent or adequate temporary replacement housing or the public entity's property manage- ment pmcdces may, at his election, have his claim tvicwed and mcon- sidcred by the head of the public entity or an authcrzed designee (other than the person who made the determination in question) in accordance with the procedures set forth in this article, as supplemented by the proce- dures the public entity shall establish for such review and reconsidera- tion. (b) A person or organization directly affected by the relocation plan may petition the department to review the final relocation plan of a public entity to determine if the plan is in compliance with state laws and guide- lines orreview the implementation of aralocadon pian to determine if the public entity is acting in compliance with its relocation plan. Review un. dertaken by the department under this section may be informal or may follow the procedures outlined in Government Code, Sections 11130 ct scq. Before conducting an investigation under the Government Code sec- tions, the department should attempt to constrain disputes between par. ties. Failure to petition the department shall not limit a complainant's right to seek judicial review. (c) If a relocation appeals board has been established pursuant to Sec- tion eo-tion 33417.5 of the Health and Safety Code, a city by ordinance may des. ignate the board to hear appeals from local public entities which do not have an appeal process. In the absence of such an ordinance, public end - tics shall establish proceduresto implement the provisions of this Article. § 6154. Notification to complainant. if the public entity denies or refuses to consider a claim the public enti- ty's notification to dire complainant of its determination shall inform the complainant of its reasons and the applicable procedures for obtaining re- view of the decision. If necessary, such notification shall be printed in a language other than English in accordance with section 6046. ¢ 6156. 3tages of Review by a Public Entity. (a) Request for Further Written Information. A complainant may re- quest the public entity to provide him with a full written explanation of its determination and the basis therefore, if he feels that the explanation accompanying the payment of the claim ornodoc of the entity's determi- nation was incorrect or inadequate. The public entity shall provide such an explanation to the complainant within three weeks of its receipt of his request (b) Informal Oral presentation. A complainant may request an infor- mal oral presentation bcfort seeking formal review and reconsideration. A request for an informal oral presentation shall be filed within the period descTibcd in subsection (d) of this section, and within 15 days of the rc- quest the public entity shall afford the complainant the opportunity to make such presentation. The complainant may be represented by an artor- ncy or other person of his choosing. This oral prrsentation shall enable the complainant to discuss the claim with L< c head of the public entity or a designer (o(her chart the person who made the initial determination) having authority to revise the initial determination on the claim. The pub- lic entity shall make a summary of the matters discussed in the oral pre- sentation to be included as part of its file. The right to formal review and reconsideration shall not be conditioned upon requesting an oral presen- tation. (c) Written Request for Review and Reconsideration. At any time within the period descTibcd in subsection (d) a complainant may file e written request for formal review and reconsideration. The complainant may include in the request for review any statement of fact within the complainant's knowledge or belief or other material which may have s bearing on the appeal. If the complainant requests more time to gathcrand prepare additional material forconsideration orreview and demonstratcs a reasonable basis thc-,cfcr, the complainant's request should be granted. ID -1. 114 16158 BARCLAYS CALIFORNIA CODE OF REGULATIONS (d) Time Limit for Requesting Review. A complainant desiring either an informal oral presentation or seeking a formal review and reconsidem- tion shall make a request to the public entity within eighteen months fol- lowing the date he moves from the property or the date he receives final compensation for the property, whichever is later. ¢ 6158. Formai Review and Reconsideration by tete Public Entity. (a) General. The public entity shall consider the request for review and shall decide whether a modification of its initial determination is txces- sary. This review shall be conducted by the head of the public entity or an suthoeaed, impartial dcsigr=. (The designee may be a committee). A designee shall have the authority to revise the initial determination or the determination of a previous oral presentation. The public entity shall consider every aggrieved person's complaint regardless of form, and shall. if necessary provide assistance to the claimant in preparing the arinert claim. When a claimant socks review, the public entity shall in- form him that he has the right to be represented by an attorney, to present his case by oral or documentary evidence, to submit rebuttal evidence, to conduct such cross—examination as may be required for a full and true disclosure of facts, and to sock judicial review once he has exhausted ad- ministrative appeal. (b) Scope of Review. The public entity shall review and reconsider its initial determination of the claimant's case in light of: (1) All material upon which the public agency based its original deter- mination including all applicable rules and regulations, except that no cv- idcnce shall be relied upon where a claimant has been improperly denied an opportunity to controvert the evidence or cross—examine the witness. (2) The reasons given by the claimant for requesting review and rccon- sidcration of the claim. (3) Any additional written or relevant documentary material submitted by the claimant. (4) Any further information which the public entity in its discretion, obtains by request, investigation, or research, to ensure fair and full re- view of the claim. (c) Determination on Review by Public Entity. (1) The determination on review by the public entity shall include, but is not limited to: (A) The public entity's decision on reconsideration of the claim (B) The factual and legal basis upon which the decision rests, including any pertinent explanation or rationale. (C) A statement to the claimant of the right to further administrative appeal, if the public entity has such an appeal structure, or if not, a state- ment to the claimant that administrative remedies have been exhausted and judicial review may be sought. (2) The determination shall be in writing with a copy provided to the claimant. (d) Time Limits. (l) The public entity shall issue its determination of review as soon as possible but no later than 6 weeks from receipt of the last material sub- mitted for consideration by the claimant of the date of the hearing, which- ever is later. (2) In the case of complaints dismissed for untimeliness or for any oth- er reason not based on the merits of the claim, the public entity shall fur- nish a written statement to the claimant stating the reason for the dismiss- al of the claim as soon as possible but no later than 2 weeks from r=ipt of the last material submitted by the claimant or the date of the hearing, whichever is later. §6160. Refusals to Waive Time Umitatlon. Whenever a public entity rejects a request by a claimant for a waiver of the time limits provided in section 6088, a claimant may file a written request for review of this decision in accordance with the procedures set forth in sections 6156 and 6158, except that such written request for re- view shall be filed within 90 days of the claimant's receipt of the public entity's determination. Title 25 16162. Extension of Time Limits. The time limits specified in Section 6156 may be extended for good cause by the public entity. 16164. Recommendations by Third Party. Upon agreement between the claimant and the public entity, a mutual- ly acceptable third party or parties may review the claim and make advi- sory recommendations thereon to the head of the public entity for its final determination. In reviewing the claim and making recommendations to the public entity, the third party or parties shall be guided by the provi- sions of this Article. Except to the extent the confidentiality of material is protected by law or its disclosure is prohibited by law, a public entity shall permit the claimant to inspect all files and records bearing upon his claim or the prosecution of the claimant's grievance. If a claimant is improperly de- nicd access to any relevant material bearing on the claim, such material may not be relied upon in reviewing the initial determination. ¢ 6166. Review of Flies by Clain -Ant. Except to the extent the confidentiality of material is protected by law or its disclosure is prohibited by law, a public entity shall permit the claimant to inspect all files and records bearing upon his claim or the prosecution of the claimant's grievance. If a claimant is improperly de- nied access to any relevant material bearing on the claim, such material may not be relied upon in reviewing the initial determination. §61M Effect of Determination on Other Persons. The principles established in alldeterminations by a public entity shall be considered as precedent for all eligible persons in similar situations m- gardless of whether or not a person has filed a written request for review. All written determinations shall be kept on file and available for public review. § 6170. Right to Counsel. Any aggrieved party has a right to representation by legal or other counsel at his expense at any and all stages of the proceedings set forth in these sections. ii 6172. Stay of Displacement Pending Review. If a complainant seeks to prevent displacement, the public entity shall not require the complainant to move until at least 20 days after ithas made a determination and the complainant has had an opportunity to seek judi- cial review. In all cases the public entity shall notify the complainant in writing 20 days prior to the proposed new date of displacement. § 6174. Joint Complainants. Where more than one person is aggrieved by the failure of the public entity to refer them to comparable permanent or adequate temporary re- placement housing the complainants may join in filing a single written request forreview. A determination shall be made by the public entity for each of the complainants. ¢ 6176. Judicial Review. Nothing in this Article shall in any way preclude or limit a claimant from smking judicial review of a claim upon exhaustion of such adminis- trative remedies as are available under this Article. Article 6. Acquisition Policies 5 6180. Purpose. The purpose of this Article is to set forth the practices to be followed with respect to acquisition of real property by a public entity. Public enti- ties shall, to the greatest extent practicable, be guided by these practices. 16182. Acqulsltlon. (a) A public entity shall make every reasonable effort to acquire prop- erty by negotiation and to do so expeditiously. (b) Before negotiations arc initiated (sce subsection 6008(n)) a public entity shall: Page 276 !A -1-M) Title 2S Department of Housing and Commanity Development Programs 1 6182 (1) Have the property appraised, giving the owner or his representative designated in writing an opportunity, by reasonable advance written no - rice, to accompany the appraiser during the inspection of the property- (2) roperty(2) If the owner of real property is also the owner of a business con- ducted on the teal property to be acquired or on the remainder, inform him of his possible right to compensation for loss of goodwill. The public enti- ty should include a copy of the pertinent provisions of the Eminent Do- main Law (Code of Civil Procedure Sections 1230.010 et seq.). (3) Establish an amount it believes to be just compensation for the properly, which amount shall, in no event, be loss than the public entity's approved appraisal of the fair market value of the property as improved. (c) The determination of just compensation shall be based upon con- sidcration of. (1) The rest property being acquired; (2) Where the real property acquired is part of a largerpatccl, the inju- ry, if any, to the remainder, and (3) Loss of goodwill, where the owner of the real property is also the owner of a business conducted upon the property to be acquired or on the remainder and where the provisions of the Eminent Domain Law pertain- ing to compensation for loss of goodwill are satisfied. Goodwill consists of the benefits that accrue to a business as a result of its location, reputa- tion for dependability, skill or quality, and any other circumstances re- sulting in probable retention of old or acquisition of new patronage. (d) As soon as possible cher the amount of just compensation is estab- lished, the public entity shall offer to acquire the property for the full amount so established and shall provide the owner with a written statc- ment of the basis for determination of just compensation. The statement shall include the following: (1) A general statement of the public use for which the property is to be acquired. (2) A description of the location and extent of the property to be taken, with sufficient detail for rtasonablc identification, and the interest to be acquired. (3) An inventory identifying the buildings, structures, fixtures, and other improvements. (4) A recital of the amount of the offer and a statement that such amount: (A) Is the full amount believed by the public entity to be justcompensa- tion for the property taken; (B) Is not less than the approved appraisal of the fair market value of the property as improved; (C) Disregards any decrease or increase in the fair market value of the real property to be acquired prior to the date of valuation caused by the public improvement for which the property is to be acquired for such pub- lic improvement, other than that due to physical deterioration within the reasonable control of the owner or occupant; and (D) Docs not reflect any consideration of or allowance for any reloca- tion assistance and payments or other benefits which the ownais entitled to receive under an agreement with the public entity, except for an amount to compensate the owner forthat portion of loss of goodwill pro- vided in accordance with Section 6100. (5) If the real property is a portion of a larger parcel, the statement shall include an apportionment of the total estimated just compensation for the partial acquisition betwccn the value of the property being taken and the amount of damage, if any, to the remainder of the larger parcel from which such property is taken. (6) If the owner of the real property to be acquired is also the owner of a business conducted upon the property or the remainder, the statement shall include an indication of the amount of compensation for loss of goodwill. (c) At the initiation of negotiations (see subsection 6008(n)) a public entity shall provide written notification to the owner of a business con- ducted on the real property to be acquired Cron the remainder, who is not also the owner of the real property, concerning his possible right to com- pensation for loss of goodwill. The public entity should include a copy of the pc=cnt provisions of the Eminent Domain Law (Code of Civil Procedure, Section 1230.010 ct req.). (f) (1) If after receiving the public entity's offerthe owner requests ad- ditional information regarding the determination of just compensation, the public entity shall provide the following information to the extent that the dctczmination of just compensation is based thereon: (A) no date of valuation used. (B) The highest and best use of the property. (C) The applicable zoning. (D) Identification of some of the sales, contra= to sell and purchase, and leases supporting the determination of value. (E) If the property is a portion of a larger parcel, a description of the larger parcel, with sufficient detail for reasonable identification. (2) With respect to each We, contract, orlease provided in accordance with (1)(D) above, the following data should be provided: (A) The names and business or residence addresses, if known, of the parties to the transaction. (B) The location of the property subject to the transaction. (C) Ile date of transaction. (D) The price and other significant terms and circumstances of the transaction, if known. In lieu of stating the other terms and circum- stances, the public entity may, if the document is available for inspection, state the place where and the times when it is available for inspection. (3) The requirements of this subsection do not apply to requests made alta an eminent domain proceeding is commenced. (g) Whenever a part of a parcel of property is to be acquired by a public entity for public use and the remainder, or a portion of the remainder, will be left in such size, shape or condition as to constitute an uneconomic remnant the public entity shall offer to acquire the remnant if the owner so desires. For the purposes of these Guidelines an "uneconomic rem- nant" shall be a parcel of real property in which the ownerretains an inter- est after partial acquisition of his property and which has little or no utility or value to such owner. (Nothing in this subsection is intended to limit a public entity's authority to acquire real property.) (h) Nothing in this section shall be construed to deprive a tenant of the right to obtain payment for his property interest as otherwise provided by law. (i) (1) Prior to commencement of an eminent domain proceeding the public entity shall make reasonable efforts to discuss with the owner its offer to purchase the owner's real property. Tiro owner shall be given a reasonable opportunity to present material which he believes to be rele- vant as to the question of value and to suggest modification in the pro- posed terms and conditions of the purchase, and the public entity shall carefully consider the owner's presentation. (2) Prior to commencement of an eminent domain procccding, if the evidence presented by an owner or a material change in the character or condition of the property indicates the need for a new appraisal crif a sig- nificant delay has occurred since the determination of just compensation, the public entity shall have its appraisal updated. If a modification in the public entity's determination of just compensation is warranted, an ap- propriate price adjustment shall be made and the new amount determined to be just compensation shall be promptly offered in writing to the owner. (j) (1) In no event shall the public entity either advance the time of con- dcmnation, ordefer negotiations orcondemnation on the deposit of funds in court for the use of the owner, or take any other action coercive or mis- leading in nature, in order to compel or induce an agreement on the price to be paid for the property. (2) If any interest in property is to be acquired by exercise of the power of eminent domain, the public entity shall promptly institute formal con- demnation proceedings. No public entity shall intentionally make it nec- essary for an owner to institute legal proceedings to prove the fact of the taking of this real property. Pate 277 ,moi-�o: 16194 BARCLAYS CALIFOP-NIA CODE OF REGULATIONS Title 25 6184. Notice of Decision to Appraise. The public entity shall provide the ownerwith written notice of its de. rasion to appraise the real property as soon as possible after the decision to appraise has been reached. The notice shall state, as a minimum, that: (a) A specific area is being considered for a particular public rise; (b) The owner's property has been determined to be located within the arca; and (c) The owner's property, which shall be generally described, may be acquired in connection with the public use. 6186. Time of Offer. The public entity shall make its first written offer as soon as practicable following service of the Notice of Decision to Appraise. (Sec section 6184.) 16i88. Notice of Land Acquisition Procedures. (a) At the time the public entity notifies an owner of its decision to ap- praise teal property it shall furnish the owner a written explanation of its land acquisition procedures, describing in non-technical, understand- able terms the public entity's acquisition procedures and the principal rights and options available to the owner. (b) The notice shall include the following: (1) A description of the basic objective of the public entity's land ac- quisition program and a reference to the availability of the public entity's statement covering relocation benefits for which an owner -occupant may be eligible; (2) A statement that the owner or his representative designated in writ- ing shall be given the opportunity to accompany each appraiser during his inspection of the property. (3) A statement that if the acquisition of any part of real property would leave the owner with an uneconomic remnant as defined in subsection 6182(8) the public entity will offer to acquire the uneconomic remnant; if the owner so desires; (4) A statement that if the owncr is not satisfied with the public entity's offer of just compensation he will be given a reasonable opportunity to present relevant material, which the public entity will carefully consider, and that if a voluntary agreement cannot be reached the public entity, as soon as possible, will either institute a formal condemnation proceeding against the property or abandon its intention to acquire the property, giv- ing notice of the latter as provided in section 6190. (5) A statement that construction or development of a project shall be so scheduled that no person lawfully occupying real property shall be re- quired to move from a dwelling (assuming a replacement dwelling as re- quired by these Guidelines will be available) or to move his business or farm operation without at least 90 days written notice from the public en- tity of the date by which the move is required; and (6) A statement that, if arrangements are made to rent the property to an owner or his tenant fora short term or fora period subject to termina- tion by the public entity on short notice, the rental willnotexceed the less- er of the fair rental value of the property to short term occupier or the pro rata portion of the fair rental value for a typical rental period. If the owner or tenant is an occupant of a dwelling, the rental for the dwelling shall be within his financial means. (See subsection 6008(c).) § 6190. Notice of Public Entity's Decision Not to Acquire. Whenever a public entity which has forwarded a Notice of Decision to Appraise or has made a firm offer subsequently decides not to acquire the property, the public entity shall serve a notice in writing on the owner, all persons occupying the property and all other persons potentially eligi- blc for relocation payments and assistance. This notice shall state that the public entity has decided not to acquire the property. It shall be served not later than 10 days following the date of the public entity decision not to acquire. J 6192. Incidental Expenses. If the real property is acquired by purchase, the public entity shall pay all reasonable expenses incident to transfer. Among the expenses requir- ing payment arc: recording fees, transfer fees and similar expenses inti. dent to the conveyance of real property, and the pro rata portion of charges for public service such as water, sewage and trash collection which are allowable to a period subsequent to the date of transfer of title to the public entity or the effective date of possession of such property by the public entity, whichever is earlier. The public entity shall inform the owner that he may apply for a Lobate of the pro rata portion of any real property taxes paid. H=oRY 1. Aaxadt ent Sled 11-5-76 is an emergency; designated effective 11-27-76 (Reg ister76, No. 44). 2. Certificate of Compliance filed 2-16-77 (Register 77, No. 8). 16194. Short Term Rental. (a) If the public permits an owner or tenant to occupy the teal property acquired on a rental basis for a short-term or for a period subject to termi- nalion by the public entity on short notice, the amount of rent required shall not exceed the lesser of the fair rental value to a short-term occupier or the pro tats portion of the fair rental value for a typical cental period. If the owner or tenant is an occupant of a dwelling, the rental for the dwelling shall be within his financial means. (Sec subsection 6008(c).) (b) A post -acquisition tenant who occupies real property acquired on a rental basis for a short term and who is informed that the property has been acquired for a public use shall be given not less than 30 days notice of termination of the tenancy. Hts7oRY 1. Amendment of subsection (b) filed 11-5-76 as an emergency: designated ef- fectivc 11-21-76 (Register 76, No. 44). 2. CxrtXjcate of Compliance filed 2-16-77 (Register 71, No. 8). ¢ 6195. Public Information. The purchase price and other consideration paid by the public entity is public information and shall be made available upon request. ¢ 6196. Service of Notice. Service of all notices required by this article shall be made either by first class mail or by personal service upon the person to be notified. ¢ 6198. Nonpossessory Interest Exception. The provisions of 6182(b), (c), (d)(4), and (f) and 6188 shall not apply to the acquisition of any casement, right-of-way, covenant or other non - possessory interest in real property to be acquired for the construction, reconstruction. alteration, enlargement, maintenance, renewal, repair or replacement of sub -surface sewers, waterlines or appurtenance, drains, septic tanks, or storm water drains. Attachment A Minimum Contents of Informational Statements) Page 278 (� I _X) For Distribution To Business Displaced Concerns Item To Be Inch ded Persons and Others 1. General description ofthe nature and types of octi- vitics that will be uodcrtakca, including an iden- tificatim of areas which may involve displace- ment. A diagrammatic sketch of the project area should be attached. x x 2. Statement that public action may result in displace- ment but that no ore lawfully occupying proper- ty will be required to surrender possession with out at least 90 days' written notice from the pub. lic entity and no one will be requited to trove un- til 90 days after the provision of information. x x 3. Assutanee that families and individuals will not be requited to move before reasonable offers of de- cent, safe, sanitary and otherwise oompamble housing within their financial means have been made, except for the causes set forth in the local agency's eviction policy (which shall be in accor- dance with section 6058.) x Page 278 (� I _X) Title 25 Department of Housing and Community Development Programs § 6=00 Item To Be Included 4. General description of types ofrelocation payments available. including general eligibility criteria and a caution agamst premature moves that might re- sult in loss of eligibility for a payment. 5. Identification of the agency's relocation program and a description of the relocation services and aids that will be available. 6. Encouragement to visit the agency's relocation of- fice and cooperate with the staff. The address. telephone number, and hours of the relocation of- fice should be specified. 7. Informauon on replacement housing, including: a. Brief description of what constitutes compara- ble replacement housing. including physical standards. b. Laymen's description of Federal fair housing law (Title Vill of Civil Rights Act of 1968). and applicable State and local fair housing law's, as well as rights under Title IV of the Civil Rights Act of 1964. c. Statement that the public entity (or its agent) will identify comparable replacement dwellings within the financial means of and other -vise avail- able to displaced persons and will provide assis- tance to persons in obtaining housing of their choice, including assistance in the referral ofcom- piainis ofdisenmination to the appropriate Feder. al. Sure or local fair housing enforcement agency. d. Statement that persons may seek their own housing accommodations and urging them, if the y do so, to notify the relocation office prior to mak- ing a commitment to purchase or occupy the property. S. Statement that the public entity will provide maxi mum assistance in locating relocation accommo. dations.inchrding consultation with the Small Business Administration and other governmental agencies which might be of assistance. 9. Statement describing requirement for prior noeii- cation to the agency of the business concern's in- tention to move. 10. Summary of the local agency's eviction policy. which shall be in accordance with the provisions of section 6058. L 1. Statement describing the agency's grievance pro- cedure, its purpose, and how it maybe used, which procedure shall be in accordance with the provi- sions of Article 5. For Distribution 3. New Subchapter 3. Articles 1-3 (Sections 6:00-6350. not consecutive) refiled To 8-2-77 as an emergency. designated effective 8-3-77 (Register 77, No, 32) Bu51nes3 4. Certificate of Compliance filed 11-29-77 (Registcr77, No. 49). 5. Repealerof Displaced Concerns Subchapter 3 (Sections 6300--6350, not consecutive) filed 6-9-82; effretive Persons and Others thirtieth day thereafter (Register 82 No. 24). 5. Repealer of Subchapter 3 (Sections 6300-6350, nctconsecutive) filed 6-9-87; effective thirtieth day thereafter (Register 82. No. 24). x z Subchapter 4. Housing Element Guidelines x z Nom. Authority cited: Section 50459. Health and Safety Code, and Section 65302(c), Government Code. Reference: Section 65302(c), Government Code. HISTORY z x 1. New Subchapter 4 (Sections 6400-6478) filed 12-7-77: effective thirtieth day thereafter (Register 77, No. 50). 2. Amendment filed 5-1-79 as an emergency: effective upon fnlmg (Register 79. No. 18). X 3. Amendment filed 8-28-79 as an emergency: effective upon filing (Re.ister 79. No. 35). A Certificate of Compliance must be filed within 120 days or emer- gency language will be repealed on 12-26-79. 4. Certificate ofCompLiance filed 10-23-79 (Register 79.1`o.43). 5. Repealer of Subchapter 4 (Sections 6400-6480. not consecutive) filed 6-9-82; x effective thirtieth day thereafter (Register 82, No. 24). For prior history, see Register 80. No. 18. Subchapter 5. Department of Housing and Community Development ---Conflict of X Interest Code x x X x Subchapter 2. California Low-income Home Management Training Program NOTE Authority cited: Sections 41226 and 50626. Health and Safety Code. Ref- erence: Sections 41220-41229 and 50625-50629. Health and Safety Code. HI STOR Y 1. Renumbering from Chapter 1, Subchapter 4 (Sections 1500-1520, not consecu- tive) to Chapter 6. Subchapter 2 (Sections 6200-6220, not consecutive) filed 1-28-77 as procedural and organizational- effective upon tiling (Register 77. No. 5). For prior history, see Register 76, No. 18. 2. Repealer of Subchapter 2 (Articles 1-2, Sections 6201-6220, not consecutive) filed 6-19-80; effective thirtieth day thereafter (Register 80, No. 25). Subchapter 3. Housing Element Guidelines NOTE: Authority cited: Section 50459. Health and Safety Code; and Section 65302(c), Government Code. Reference: Section 65302(c), Government Code. H15TORY 1. Renumbering from Chapter 1. Subchapter 5 (Sections 1600-1650, not consecu- tive) to Chapter 6, Subchapter 3 (Sections 6301-6350, not consecutive) filed 1-28-77 as procedural and organizationah effective upon filing (Register 77, No. 5). For prior history, see Register 76. No. 50. 2. New Subchapter 3, Articles I-3 (Sections 6300-6.350, not consecutive) refiled 4-1-77 as an emergency, designated effective 4-5-77 (Register 77, No. 14). 6500. General Provislons. The Political Reform Act, Govemment Code Sections 81000. et seq_ requires state and local government agencies to adopt and promulgate Conflict of Interest Codes. Tae Fair Political Practices Commission has adopted a regulation. 2 Adm. Code of Regs. Section 18730, which con- tains the terms of a standard Conflict of Interest Code, which can be in- corporated by reference, and which maybe amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act after public notice and hearings. Therefore, the terms of 2 Cal. Code ofRegs.Sectioa 18730 and any amendments to it duty adoptedby the Fair Political Practices Commission, along with the attached Appendix in which officials and employees are designated and disclosure categories are set forth. are hereby incorporated by reference and constitute the Con- flict of Interest Code of the Department and Commission of Housing and Cornmunity Development. Designated employees shall file statements of economic interests with the agency who will make the statements available for public inspection and reproduction. (Gov. Code Section 81008). Upon receipt of the state- ments of the Director, the agency shall make and retain a copy and for- ward the original of these statements to the Fair Political Practices Com- mission. Nom Authority cited: Section 87300. Government Code. Reference: Sections S 1001, 37300 and 87311. Government Code. HISTORY 1. Nein subchapter 5 (sections 6500-6510 and Appendices A. B and C) filed 2-17-78; effective thirtieth day thereafter. Approved by Fair Political Practices Commission 10-4-77 (Register 78. No. 7). 2. Repealer of subchapter 5 (sections 6500-6510 and Appendices A -C) and new subchapter 5 (section 6500 and Appendix) filed 2-261; effective thirtieth day thereafter. Approved by Fair Political Practices Commission 12-1-80 (Register 81, No. 9). 3. Repealer of subchapter 5 (section 6500 and Appendix) and new subcbapter 5 (section 6500 and Appendices A and B) filed 3-1945; effective upon filing pursuant to Government Code section 11346.2(d). Approved by Fair Political Practices Commission 2-13-85 (Register 85, No. 12). 4. Amendment of Appendices A and B filed 11-17419: operative 12-17-89• AP - proved by Fair Political Practices Commission 5-25-89 (Register 69,No.47). 5. Amendment filed 2-13-92. operative 3-19-91. Submitted toOAL for prinung only. Approved by Fair Poliucalpractices Commission 12-17-91 (Pegistcr92• No. 12). and 6. Change without tcgulatory effect amending second paragraph of section, amending Appendix A and B filed 6-27-96 pursuant to section 100, title 1, Cal- Pg2e 2-9 R_-, R x. vo. _ti s -- -=e § 6=00 BARCLAYS CALIFORNU CODE OF REGULATIONS Tide 25 ifomia Code of Regulations (Register 96, No. 26). Approved by Fair Political Practices Commission 5-4-96. Appendix A Designated Positions Persons in the follow ingclasses or positions are designated employees and shall make the types of disclosures set forth in the disclosure category listed opposite the position. DISCLOSURE CLASS OR POSITION CATEGORY Oce of the Director Director. Chief Deputy Director: Deputy, Directors; Assistant to the Directs. Assistant Director for External Affairs. Assistant for Policy Development: I Staff Services Manager (all levels); Associated Governmental Program Analyst 3 Legal Office Chief CounseLDeputy Director. Staff Counsel (all levels) :.............. 1 Division ofAdministration and.1fanagement Deputy Director ................................................ 1 Staff Services Managers (all levels); Data Processing Manager (all levels); StaffPrograrnmer Analyst: Staff lnfonnation Systems Analyst: Associate Programmer Analysts (Spec. & Supv.) Assoc. Information Systems Analysts (Spec. & Supv.) Accounting Administrators (all levels); Accounting Officers (all levels); Accounting Analysts (all levels); Business Service Officers (all levels); Business Service Assistant Associate Govcmmental Program Analysts: Staff Services Analysts (except in the Personnel Office); Management Services Technician: Business Management: ............... 3 LegisLotive Division Deputy Director, Assistant Deputy Director ........................... l Staff Services Managers (all levels); Associate Governmental Program Analyst, Staff Services Analyst ........................................ 2& 3 Audit Division Chief, Staff Management Auditor, Staff Services Management Auditor, Associate Management Auditors ..... 5 Housing Policy Development Division Deputy Director, Assistant Deputy Director, Housing and Community Development Managers (all levels); Housing and Community Development Specialists (all levels); Housing and Community Development Representatives (all levels); ....... I Codes and Standards Division Deputy Diector. Assistant Deputy Director; Assistant Chief ............ I Civil Engineers (all levels); Codes and Standards Administrators (all levels); District Representatives (all Levels); Stall Services Manager I; Associate Architect; Mobilehome Registration Manager, Mobilehome Registration Supervisor 111; Mobilehome Registration Specialist: ............................... 4 Community Affairs Division Deputy Director. Assistant Deputy Director. Special Assistant to the Deputy Director ............................ l Housing and Community Development Representatives (all levels); Housing and Commuairy Development Specialists (all levels); California Indian Housing Representatives (all levels); California Indian Housing Managers (all levels); Housing and Community Development :Managers (all levels); Associate Governmental Program Analysts; Management Services Technicians; Staff Services Analysts; Housing Construction and Rehabilitation Specialists; Loan and Grant Committee Members ........................ . ...... Consultants' *Consultants shall disclose pursuant to the broadest disclosure category in the code subject to the following limitation: The Director may determine in writing that a particuLtr cansultant, although a -designated position', is hired to perform a ranee ofdudes that is limited in scope and thus is not required to fully comply with the disclosure requirements in this section. Such written determination shall include a desciption of the consultant duties and based upon that description, a statement of the extent of disclosure re- quirements. The Director's determination is a public record and shall be retained for public inspection in the same manner and locations as this conflict of interest code.- Nom- Authority cited: Section 87300, Government Code. Reference: Sections 87100-87311. Government Code. Appendix B Disclosure Categories Financial interests of employees holding positions designated in this section are to be reported in statements of economic interests as follows: Designated Employees in Category 1 must report (a) All investments and anybusiness positions in anybusiness entity; (b) All sources of income: (c) All interests in real property (excluding one's primary personal res. idence). Designated Employees in Category 2 must report (a) All investments, business positions in, or sources of income from any entity of the type which has, in any manner. been affected by or sub- ject to departmental regulations or policies (excluding regulations or po- licies regarding building or energy standards). (b) All investments, business positions in or sources of income from any entity engaged in the design of, development or rehabilitation of, sale or purchase of, or investment in real property. manufactured or factory— built housing. (c) All investments, business positions in or sources of income from any entity engaged in the design. development. rehabilitation, or con- struction of public facilities. (d) Any interest in real property (excluding one's primary personal residence) situated in any jurisdiction receiving or eligible for funding from or through the section to which the designated employee is assigned. (e) Investments, business positions, or sources of income from any en- titywhich is situated ordoungbusinessinanyjurisdicdonreceiving oreli- gible for funding from or through the section to which the designated em- ployee is assigned. Designated Employees in Category 3 must report: Investments, business positions in, or sources of income from any business entity of the type which contracts with the department to provide or obtain supplies. materials, services, machinery, or equipment - Designated Employees in Category 4 must report Investments, business positions, or sources of income from any busi- ness entity which has been subject to or affectedby any regulations or po- licies of the department relating to mobilebomes, manufactured homes, factory—built housing, mobilehome parks, labor camps. recreational ve- hicles, commercial coaches, or any other programs or policies adminis- tered by the division. Designated Employees in Category 5 must report: Investments in, income from, andpositionsheld with businessentitites which were the subject of an audit during the reporting period. If the em- ployer has not participated in an audit during the reporting period. If the employee has not participated in an audit during the course of the report- ing period in which he or she has a financial interest, then the employee shall sign a statement to that effect under penalty of perjury. Such state- ment shall be filed and processed as though it were the disclosure state- ment required by the Standard Code. An employee who participated in an audit in which he or shebas a financial interest shall disclose that inter- est as described above, but such statement shall be delivered to the filing offer who will file the statement as a public record. NOTE Authority cited: Section 87300, Government Code. Reference: Sections 87300-87311, Government Code. Page 280 Rn;a o6, fo. 26: 6_2f 96 EXHIBIT B STATE RELOCATION LAW Government Code Sections 7260 - 7277 (Relocation Law) 7260. As used in this chapter: (a) 'Public entity' includes the state, the Regents of the University of California, a county, city, city and county, district, public authority, public agency, and any other political subdivision or public -corporation in the state or any entity acting on behalf of these agencies when 0 Strad ing, Yocca, cuism & R—th, 1995 A-27 acquiring real property, or any interest therein, in any city or county for public use and any person who has the authority to acquire property by eminent domain under state law. (b) 'Person" means any individual, partnership, corporation, limited liability company, or association. (c) (1) "Displaced person" means both of the following: (A) Any person who moves from real property, or who moves his or her personal property from real property, either: (i) As a direct result of a written notice of intent to acquire or the acquisition of the real property, in whole or in part, for a program or project undertaken by a public entity or by any person having an agreement with or acting on behalf of a public entity. (ii) As a direct result of the rehabilitation, demolition, or other displacing activity as the public entity may prescribe under a program or project undertaken by a public entity, of real property on which the person is a residential tenant or conducts a business or farm operation, in any case in which the public entity determines that the displacement is permanent. For purposes of this subparagraph, 'residential tenant' includes any occupant of a residential hotel unit, as defined in subdivision (b) of Section 50669 of the Health and Safety Code, and any occupant of employee housing, as defined in Section 17008 of the Health and Safety Code, but shall not include any person who has been determined to be in unlawful occupancy of the displacemdnt dwelling. (B) Solely for the purposes of Sections 7261 and 7262, any person who moves from real property, or moves his or her personal property from real property, either: (i) As a direct result of a written notice of intent to acquire or the acquisition of other real property, in whole or in part, on which the person conducts a business or farm operation, for a program or project undertaken by a public entity. (ii) As a direct result of the rehabilitation, demolition, or other displacing activity as the public entity may prescribe under a program or project undertaken by a public entity, of other real property on which the person conducts a business or farm operation, in any case in which the public entity determines that the displacement is permanent. (2) The definition contained in this subdivision shall be construed so that persons displaced as a result of public action receive relocation benefits in cases where they are displaced as a result of an owner participation agreement or an acquisition carried out by a private person for or in connection with a public use where the public entity is otherwise empowered to acquire the property to carry out the public use. Except persons or families of low and moderate income, as defined in Section 50093 of the Health and Safety Code, who are occupants of housing which was made available to them on a permanent basis by a public agency and who are required to move from the housing, a "displaced person" shall not include any of the following: (A) .. Any person who has been determined to be in unlawful occupancy of the displacement dwellings. 0 Stradling, Yocca, Carlson & Rsuth, 1995 A-28 (B) Any person whose right of possession at the time of moving arose after the date of the public entity's acquisition of the real property. (C) Any person who has occupied the real property for the purpose of obtaining assistance under this chapter. (D) In any case in which the public entity acquires property for a program or project (other than a person who was an occupant of the property at the time it was acquired), any person who occupies the property for a period subject to termination when the property is needed for the program or project. (3) (A) Notwithstanding Section 7265.3 or any other provision of law, a person who is temporarily displaced for not more than 180 days, and who is offered occupancy of a comparable replacement unit located within the same apartment complex that contains the unit from which he or she has been displaced, shall not be deemed a 'displaced person' for the purposes of this chapter. This paragraph shall be applicable only if all of the following conditions are complied with: (i) All other financial benefits and services otherwise required under this chapter are provided to the tenants temporarily displaced from their units. (ii) The resident is offered the right to return to his or her original unit, with rent for the first 12 months subsequent to that return being the lower of the following: up to 5 percent higher than the rent at the time of displacement; or up to 25 percent of household income. (iii) The temporary unit is not unreasonably impacted by the effects of the construction, taking into consideration the ages and physical conditions of the members of the displaced household, and the estimated period of displacement is reasonable. (iv) The property is a qualified affordable housing preservation project. (B) For the purposes of this paragraph: (i) "Apartment complex' means four or more residential rental units subject to common ownership and financing that are also located on the same or contiguous parcels. (ii) 'Qualified affordable housing preservation project" is any complex of four or more units whose owners enter into a recorded regulatory agreement, having a term for the useful life of the project, with any entity for the provision of project rehabilitation financing. For this purpose, the regulatory agreement shall require of the owner and all successors and assigns of the owner, as long as the regulatory agreement is in effect, that at least 49 percent of the tenants in the project shall have, at the time of the recordation of the regulatory agreement required by this section, incomes not in excess of 60 percent of the area median income, adjusted by household size, as determined by the appropriate agency of the State of California. In addition, a project shall be defined as a qualified affordable housing preservation project only if the beneficiary of the regulatory agreement elects this designation by so indicating on the regulatory agreement. SYCR 1994 A-29 (d) 'Business" means any lawful activity, except a farm operation, conducted for any of the following: (1) Primarily for the purchase, sale, lease, or rental of personal and real property, and for the manufacture, processing, or marketing of products, commodities, or any other personal property. (2) Primarily for the sale of services to the public. (3) Primarily by a nonprofit organization. (4) Solely for the purpose of Section 7262 for assisting in the purchase, sale, resale, manufacture, processing, or marketing of products, commodities, personal property, or services by the erection and maintenance of an outdoor advertising display, whether or not the display is located on the premises on which any of the above activities are conducted. (e) "Farm operation" means any activity conducted solely or primarily for the production of one or more agricultural products or commodities, including timber, for sale or home use, and customarily producing these products or commodities in sufficient quantity to be capable of contributing materially to the operator's support. (f) "Affected property" means any real property which actually declines in fair market value because of acquisition by a public entity for public use of other real property and a change in the use of the real property acquired by the public entity. (g) "Public use" means a use for which real property may be acquired by eminent domain. (h) "Mortgage" means classes of liens that are commonly given to secure advances on, or the unpaid purchase price of, real property, together with the credit instruments, if any, secured thereby. (i) "Comparable replacement dwelling' means any dwelling that is all of the following: (1) Decent, safe, and sanitary. (2) Adequate in size to accommodate the occupants. (3) In the case of a displaced person who is a renter, within the financial means of the displaced person. A comparable replacement dwelling is within the financial means of a displaced person if the monthly rental cost of the dwelling minus any replacement housing payment available to the person does not exceed 25 percent of the person's average monthly income. (4) Comparable with respect to the number of rooms, habitable space, and type and quality of construction. Comparability under this paragraph shall not require strict adherence to a detailed, feature -by -feature comparison. While a comparable replacement dwelling need not possess every feature of the displacement dwelling, the principal features shall be present. (5) 1n an area not subject to unreasonable adverse environmental conditions. SYCR 1994 A-30 (6) In a location generally not less desirable than the location of the displaced persons dwelling with respect to public utilities, facilities, services, and the displaced person's place of employment. 0) 'Displacing agency" means any public entity or person carrying out a program or project which causes a person to be a displaced person for a public project. (k) "Appraisal" means a written statement independently and impartially prepared by a qualified appraiser setting forth an opinion of defined value of an adequately described property as of a specific date, supported by the presentation and analysis of relevant market information. (1) 'Small business' means a business as defined in Part 24 of Title 49 of the Code of Federal Regulations. (m) "Lead agency" means the Department of Housing and Community Development. 7260.5. (a) The Legislature finds and declares the following: (1) Displacement as a direct result of programs or projects undertaken by a public entity is caused by a number of activities, including rehabilitation, demolition, code enforcement, and acquisition. (2) Relocation assistance policies must provide for fair, uniform, and equitable treatment of all affected persons. (3) The displacement of businesses often results in thew closure. (4) Minimizing the adverse impact of displacement is essential to maintaining the economic and social well-being of communities. (5) Implementation of this chapter has resulted in burdensome, inefficient, and inconsistent compliance requirements and procedures which may be improved by establishing a lead agency. (b) This chapter establishes a uniform policy for the fair and equitable treatment of persons displaced as a direct result of programs or projects undertaken by a public entity. The primary purpose of this chapter is to ensure that these persons shall not suffer disproportionate injuries as a result of programs and projects designed for the benefit of the public as a whole and to minimize the hardship of displacement on these persons. (c) The Legislature intends all of the following: (1) Public entities shall carry out this chapter in a manner which minimizes waste, fraud, and mismanagement and reduces unnecessary administrative costs. SYCR 1994 A-31 (2) Uniform procedures for the administration of relocation assistance shall, to the maximum extent feasible, assure that the unique circumstances of any displaced person are taken into account and that persons in essentially similar circumstances are accorded equal treatment under this chapter. (3) The improvement of housing conditions of economically disadvantaged persons under this chapter shall be undertaken, to the maximum extent feasible, in coordination with existing federal, state, and local government programs for accomplishing these goals. (4) The policies and procedures of this chapter shall be administered in a manner which is consistent with fair housing requirements and which assures all persons their rights under Title VIII of that act of April 11, 1968 (Public Law 90-284), commonly known as the Civil Rights Act of 1968 and Title VI of the Civil Rights Act of 1964. 7260.7. Notwithstanding any other provision of law, in furtherance of the goal set forth in paragraph (3) of subdivision (c) of Section 7260.5*, nonprofit facilities subsidized pursuant to any federal or state program for the benefit of low-income tenants that restrict rent increases based on operating cost increases, and that also receive state funds for renovation and rehabilitation involving the temporary relocation of those tenants, shall be exempt from any restrictions on rents imposed pursuant to this chapter. 7261. (a) Programs or projects undertaken by a public entity shall be planned in a manner that (1) recognizes, at an early stage in the planning of the programs or projects and before the commencement of any actions which will cause displacements, the problems associated with the displacement of individuals, families, businesses, and farm operations, and (2) provides for the resolution of these problems in order to minimize adverse impacts on displaced persons and to expedite program or project advancement and completion. The head of the displacing agency shall ensure the relocation assistance advisory services described in subdivision (c) are made available to all persons displaced by the public entity. If the agency determines that any person occupying property inunediately adjacent to the property where the displacing activity occurs is caused substantial economic injury as a result thereof, the agency may make the advisory services available to the person. (b) In giving this assistance, the public entity may establish local relocation advisory assistance offices to assist in obtaining replacement facilities for persons, businesses, and farm operations which find that it is necessary to relocate because of the acquisition of real property by the public entity. (c) This advisory assistance shall include those measures, facilities, or services which are necessary or appropriate to do all of the following: (1) Determine and make timely recommendations on the needs and preferences, if any, of displaced persons for relocation assistance. SYCR 1994 A-32 (2) Provide current and continuing information on the availability, sales prices, and rentals of comparable replacement dwellings for displaced homeowners and tenants, and suitable locations for businesses and farm operations. (3) Assure that, within a reasonable time period prior to displacement, to the extent that it can be reasonably accomplished, there will be available in areas not generally less desirable in regard to public utilities and public and commercial facilities, and at rents or prices within the financial means of displaced families and individuals, decent, safe, and sanitary dwellings, sufficient in number to meet the needs of, and available to, those displaced persons requiring those dwellings and reasonably accessible to their places of employment, except that, in the case of a federally funded project, a waiver may be obtained from the federal government. (4) Assure that a person shall not be required to move from a dwelling unless the person has had a reasonable opportunity to relocate to a comparable replacement dwelling, except in the case of any of the following: Act of 1974. (A) A major disaster as defined in Section 102(2) of the federal Disaster Relief (B) A state of emergency declared by the President or Governor. (C) Any other emergency which requires the person to move immediately from the dwelling because continued occupancy of the dwelling by the person constitutes a substantial danger to the health or safety of the person. (S) Assist a person displaced from a business or farm operation in obtaining and becoming established in a suitable replacement location. (6) Supply information concerning other federal and state programs which may be of assistance to those persons in applying for assistance under the program. (7) Provide other advisory services to displaced persons in order to minimize hardships to those persons. (d) The head of the displacing agency shall coordinate its relocation assistance program with the project work necessitating the displacement and with other planned or proposed activities of other public entities in the community or nearby areas which may affect the implementation of its relocation assistance program. (e) Notwithstanding subdivision (c) of Section 7260, in any case in which a displacing agency acquires property for a program or project, any person who occupies the property on a rental basis for a short term or a period subject to termination when the property is needed for the program or project, shall be eligible for advisory services to the extent determined by the displacing agency. 7261.5. In order to prevent unnecessary expenses and duplications of functions, and to promote uniform and effective administration of relocation assistance programs for displaced persons under this chapter, a public entity may enter into a contract with any individual, firm, association, or corporation for services in connection with such program, or may carry out its functions under SYCR 1994 A-33 this chapter through any federal, state, or local governmental agency having an established organization for conducting relocation assistance programs. Any public entity may, in carrying out its relocation assistance activities, utilize the services of state or local housing agencies or other agencies having experience in the administration or conduct of similar housing assistance activities. 7262. (a) Whenever a program or project to be undertaken by a public entity will result in the displacement of any person, the displaced person is entitled to payment for actual moving and related expenses as the public entity determines to be reasonable and necessary, including expenses for all of the following: (1) Actual and reasonable expenses in moving himself or herself, his or her family, business, or farm operation, or his or her, or his or her family's, personal property. (2) Actual direct losses of tangible -personal property as a result of moving or discontinuing a business or farm operation, but not to exceed an amount equal to the reasonable expenses that would have been required to relocate the property, as determined by the public entity. (3) Actual and reasonable expenses in searching for a replacement business or farm, not to exceed one thousand dollars ($1,000). (4) Actual and reasonable expenses necessary to reestablish a displaced farm, nonprofit organization, or small business at its new site, but not to exceed ten thousand dollars ($10,000). (b) Any displaced person eligible for payments under subdivision (a) who is displaced from a dwelling and who elects to accept the payments authorized by this subdivision in lieu of the payments authorized by subdivision (a) shall receive a moving expense and dislocation allowance which shall be determined according to a schedule established by the head of the lead agency. The schedule shall be consistent with the Residential Moving Expense and Dislocation Allowance Payment Schedule established by Part 24 of Title 49 of the Code of Federal Regulations. (c) Any displaced person who moves or discontinues his or her business or farm operation and elects to accept the payment authorized by this subdivision in lieu of the payment authorized by subdivision (a), shall receive a fixed relocation payment in an amount equal to the average annual net earnings of the business or farm operation, except that the payment shall not be less than one thousand dollars ($1,000) nor more than twenty thousand dollars ($20,000). In the case of a business, no payment shall be made under this subdivision, unless the public entity is satisfied that the business cannot be relocated without substantial loss of patronage and is not part of a commercial enterprise having at least one other establishment not being acquired, engaged in the same or similar business. For purposes of this subdivision, the term 'average annual net earnings' means one-half of any net earnings of the business or farm operation before federal, state, and local income taxes during the two taxable years immediately preceding the taxable year in which the business or farm operation moves from the real property being acquired, or during any other period as the public entity determines to be more equitable for establishing earnings, and includes any compensation paid by the business or farm operation to the owner, his or her spouse, or his or her dependents during the two-year or other period. To be eligible for the payment authorized by this subdivision, the business or farm operation shall make available its state income tax records, financial statements, and SYCR 1994 A-34 accounting records, for confidential use pursuant to an audit to determine the payment pursuant to this subdivision. In regard to an outdoor advertising display, payment pursuant to this subdivision shall be limited to the amount necessary to physically move, or replace that display. Any displaced person eligible for payments under subdivision (a) who is displaced from the person's place of business or farm operation and who is eligible under criteria established by the public entity, may elect to accept a fixed payment in lieu of the payment authorized by subdivision (a). The fixed payment shall not be less than one thousand dollars ($1,000) nor more than twenty thousand dollars ($20,000). A person whose sole business at the displacement dwelling is the rental of the property to others shall not qualify for a payment under this subdivision. (d) Whenever the acquisition of real property used for a business or farm operation causes the person conducting the business or farm operation to move from other real property, or to move his or her personal property from other real property, the person shall receive payments for moving and related expenses under subdivision (a) or (b) and relocation advisory assistance under Section 7261 for moving from the other property. (e) Whenever a public entity must pay the cost of moving a displaced person under paragraph (1) of subdivision (a), or subdivision (d): (1) The costs of the move shall be exempt from regulation by the Public Utilities Commission. (2) The public entity may solicit competitive bids from qualified bidders for performance of the work. Bids submitted in response to the solicitations shall be exempt from regulation by the Public Utilities Commission. (f) No provision of this chapter shall be construed to require a public entity to provide any relocation assistance to a lessee if the property acquired for a program or project is subject to a lease for purposes of conducting farm operations and the public entity agrees to assume all of the terms of that lease. 7262.5. (a) Notwithstanding Section 7265.3 or any other provision of law, tenants residing in any multifamily rental project of four or more units who are displaced from the project for a period of 180 days or less as part of a rehabilitation of that project, that is funded in whole or in part by a public entity, shall not be deemed permanently displaced if all of the following criteria are satisfied: (1) All other financial benefits and services otherwise required under this chapter are provided to the tenants temporarily displaced from their units, including relocation to a comparable replacement unit. (2) The resident is offered the right to return to his or her original unit, with rent for the first 12 months subsequent to that return being the lower of the following: up to 5 percent higher than the rent at the time of displacement; or up to 25 percent of household income. SYCR 1494 A-35 (3) The estimated time of displacement is reasonable, and the project is a qualified affordable housing preservation project. (b) For the purposes of this section, 'qualified affordable housing preservation project' shall have the meaning set forth in subparagraph (B) of paragraph (3) of subdivision (c) of Section 7260. 7263. (a) In addition to the payments required by Section 7262, the public entity, as a part of the cost of acquisition, shall make a payment to the owner of real property acquired for public use which is improved with a dwelling actually owned and occupied by the owner as a permanent or customary and usual place of abode for not less than 180 days prior to the initiation of negotiation for the acquisition of that property. (b) The payment, not to exceed twenty-two thousand five hundred dollars ($22,500), shall be based on the following factors: (1) The amount, if any, which, when added to the acquisition cost of the dwelling acquired by the public entity equals the reasonable cost of a comparable replacement dwelling. (2) The amount, if any, which will compensate the displaced owner for any increased interest costs which the owner is required to pay for financing the acquisition of a comparable replacement dwelling. The amount shall be paid only if the dwelling acquired by the displacing agency was encumbered by a bona fide mortgage which was a valid lien on the dwelling for not less than 180 days immediately prior to the initiation of negotiations for the acquisition of the dwelling. All of the mortgages on the acquired dwelling shall be used to compute the payment. The amount shall be computed using the lesser of the principal balance of the mortgage on the replacement dwelling or the outstanding principal balance of the mortgage on the acquired dwelling and the lesser of the remaining term on the acquired dwelling or the actual term of the new mortgage. The present value of the increased interest costs shall be computed based on the lesser of the prevailing interest rate or the actual interest rate on the replacement property. The amount shall also include other reasonable debt service costs incurred by the displaced owner. For the purposes of this subdivision, if the replacement dwelling is a mobilehome, the term "mortgage," as defined in subdivision (h) of Section 7260, shall include those liens as are commonly given to secure advances on, or the unpaid purchase price of, mobilehomes, together with the credit instruments, if any, secured thereby. (3) Reasonable expenses incurred by the displaced owner for evidence of title, recording fees, and other closing costs incident to the purchase of the replacement dwelling, but not including prepaid expenses. (c) The additional payment authorized by this section shall be made only to a displaced owner who purchases and occupies a decent, safe, and sanitary replacement dwelling within one year from the later of the following: SYCR 1994 A-36 (1) The date thedisplaced person receives final payment for the displacement dwelling, or in the case of condemnation, the date the full amount of estimated just compensation is deposited in court. (2) The date the displacing agency fulfills its obligation to make available at least one comparable replacement dwelling to the displaced person. However, the displacing agency may extend the period for good cause. Also, the displaced owner and the public entity may agree in writing that the displaced owner may remain in occupancy of the acquired dwelling as a tenant of the public entity on the conditions that the displaced owner shall only be entitled to the payment authorized by this section on the date on which the owner moves from the acquired dwelling and that the payment shall be in an amount equal to that to which the owner would have been entitled if the owner had purchased and occupied a replacement dwelling one year subsequent to the date on which final payment was received for the acquired dwelling from the public entity. (d) In implementing this chapter, it is the intent of the Legislature that special consideration be given to the financing and location of a comparable replacement dwelling for displaced persons 62 years of age or older. 7263.5. For purposes of Section 7263, the leasing of a condominium for a 99 -year period, or for a term which exceeds the life expectancy of the displaced person as determined from the most recent life tables in Vital Statistics of the United States, as published by the Public Health Service of the Department- of Health, Education, and Welfare, shall be deemed a purchase of the condominium. 7264. (a) In addition to the payments required by Section 7262, as a part of the cost of acquisition, the public entity shall make a payment to any displaced person displaced from any dwelling not eligible to receive a payment under Section 7263 which was actually and lawfully occupied by the person as a permanent or customary and usual place of abode for not less than 90 days prior to the initiation of negotiation by the public entity for the acquisition of the dwelling, or in any case in which displacement is not a direct result of acquisition, or any other event which the public entity shall prescribe. (b) The payment, not to exceed five thousand two hundred fifty dollars ($5,250), shall be the additional amount which is necessary to enable the person to lease or rent a comparable replacement dwelling for a period not to exceed 48 months. However, publicly funded transportation projects shall make payments enabling the person to lease or rent a comparable replacement dwelling for a period not to exceed 42 months, including compensation for utilities, as provided in subdivision (b) of Section 24.402 of Part 24 of Title 49 of the Code of Federal Regulations. Payments up to the maximum of five thousand two hundred fifty dollars ($5,250) shall be made in a lump sum. Should an agency pay pursuant to Section 7264.5 an amount exceeding the maximum amount, payment may be made periodically. Computation of a payment under this subdivision to a low-income displaced person for a comparable replacement dwelling shall take into account the person's income. SYCR 1994 A-37 (c) Any person eligible for a payment under subdivision (a) may elect to apply the payment to a down payment on, and other incidental expenses pursuant to, the purchase of a decent, safe, and sanitary replacement dwelling. The person may, at the discretion of the public entity, be eligible under this subdivision for the maximum payment allowed under subdivision (b), except that, in the case of a displaced homeowner who has owned and occupied the displacement dwelling for at least 90 days but not more than 180 days immediately prior to the initiation of negotiations for the acquisition of the dwelling, the payment shall not exceed the payment which the person would otherwise have received under subdivision (b) of Section 7263 had the person owned and occupied the displacement dwelling 180 days immediately prior to the initiation of the negotiations. (d) In implementing this chapter, it is the intent of the Legislature that special consideration shall be given to assisting any displaced person 62 years of age or older to locate or lease or rent a comparable replacement dwelling. 7264.5. (a) If a program or project undertaken by the public entity cannot proceed on a timely basis because comparable replacement housing is not available and the public entity determines that comparable replacement housing cannot otherwise be made available, the public entity shall take any action necessary or appropriate to provide the dwellings by use of funds authorized for the project. This section shall be construed to authorize the public entity to exceed the maximum amounts which may be paid under Sections 7263 and 7264 on a case -by --we basis for good cause as determined in accordance with rules and regulations adopted by the public entity. Where a displacing agency is undertaking a project with funds administered by a state agency or board, and where the displacing agency has adopted rules and regulations in accordance with Section 7267.8 for the implementation of this chapter, the determination of payments to be made pursuant to this subdivision shall be pursuant to those rules and regulations. (b) No person shall be required to move from his or her dwelling because of its acquisition by a public entity, unless comparable replacement housing is available to the person. (c) For purposes of determining the applicability of subdivision (a), the public entity is hereby designated as a duly authorized administrative body of the state for the purposes of subdivision (c) of Section 408 of the Revenue and Taxation Code. (d) Subdivision (b) shall not apply to a displaced owner who agrees in writing with the public entity to remain in occupancy of the acquired dwelling as provided in subdivision (c) of Section 7263. 7265. (a) In addition to the payments required by Section 7262, as a cost of acquisition, the public entity shall make a payment to any affected property owner meeting the requirements of this section. (b) The affected property shall be immediately contiguous to property acquired for airport purposes and the owner shall have owned the property affected by acquisition by the public entity not less than 180 days prior to the initiation of negotiation for acquisition of the acquired property. SYCR 1994 A-38 (c) The payment, not to exceed twenty-two thousand five hundred dollars ($22,500), shall be the amount, if any, which equals the actual decline in the fair market value of the property of the affected property owner caused by the acquisition by the public entity for airport purposes of other real property and a change in the use of the property. (d) The amount, if any, of actual decline in fair market value of affected property shall be determined according to rules and regulations adopted by the public entity pursuant to this chapter. The rules and regulations shall limit payment under this section only to those circumstances in which the decline in fair market value of affected property is reasonably related to objective physical change in the use of acquired property. 7265.3. (a) A public entity may make payments in the amounts it deems appropriate, and may provide advisory assistance under this chapter, to a person who moves from a dwelling or who moves or discontinues his business, as a result of impending rehabilitation or demolition of a residential or commercial structure, or enforcement of building, housing, or health codes by a public entity or because of systematic enforcement pursuant to Section 37924.5 of the Health and Safety Code, or who moves from a dwelling or who moves or discontinues a business as a result of a rehabilitation or demolition program or enforcement of building codes by the public entity, or because of increased rents to result from such rehabilitation or code enforcement. Payments prescribed by subdivision (b) of Section 7264 may also be made to persons who remain in a dwelling during rehabilitation. Payments authorized by this section and made pursuant to subdivision (b) of Section 7264 may, at the option of the public entity, be computed and reviewed annually based on actual rental increases, and may be paid monthly or annually. A public entity may also give priority to a person who moves from a dwelling, or who remains in a dwelling during rehabilitation, in utilization of local, state, or federal rental assistance programs, either to enable the person to pay increased rents or to move to other suitable housing. A public entity assisting in the financing of rehabilitation may provide some or all of the payments authorized by this section as part of the loan for rehabilitation costs, provided that the public entity makes payments directly to the person who moves or who remains in the dwelling during rehabilitation. (b) A public entity shall make payments in the amounts prescribed by this chapter, and shall provide advisory assistance under this chapter, to persons and families of low or moderate income, as defined in Section 50093* of the Health and Safety Code, whose rent, within one year after the rehabilitation of their dwelling is completed, is increased to an amount exceeding 25 percent of their gross income, or who move from their dwelling, as the result of a rehabilitation program in which the rehabilitation work is wholly or partially financed or assisted with public funds provided by or through the public entity. (c) A public entity shall provide temporary housing for up to 90 days to persons displaced by rehabilitation work which is wholly or partially financed or assisted with public funds provided by or through the public entity. (d) A person displaced by rehabilitation work which is wholly or partially financed or assisted with public funds provided by or through the public entity shall, as a condition of the SYCR 1994 A-39 financing or assistance, be given the option of relocating, after rehabilitation, in the dwelling from which the person was displaced: (e) A public entity may limit the amounts of payments made pursuant to subdivision (b), otherwise calculated pursuant to subdivision (b) of Section 7264, to the lesser of: (i) the difference between the increased rent and 25 percent of gross income; or (ii) the difference between the increased rent and the rent immediately before the rehabilitation which was greater than 25 percent of gross income. (f) The payments and advisory assistance as required in this section shall be mandatory only if federal or state funds are available. However, nothing shall preclude the public entity from using local funds. 7265.4. In addition to the payments required by Section 7262, as a cost of acquisition, the public entity, as soon as practicable after the date of payment of the purchase price or the date of deposit in court of funds to satisfy the award of compensation in a condemnation proceeding to acquire real property, whichever is the earlier, shall reimburse the owner, to the extent the public entity deems fair and reasonable, for expenses the owner necessarily incurred for recording fees, transfer taxes, and similar expenses incidental to conveying such real property to the public entity. 7266. (a) If a relocation appeals board has been established pursuant to Section 33417.5 of the Health and Safety Code, a city by ordinance may designate the board to hear appeals from all public entities, except those state agencies which have an appeal process on the eligibility for, or the amount of, a payment authorized by this chapter. (b) Any person aggrieved by a determination as to eligibility for, or the amount of, a payment authorized by this chapter may have the application reviewed by the public entity or by the relocation appeals board if authorized under subdivision (a). The review of a determination by a community redevelopment agency may only be made by a relocation appeals board established pursuant to Section 33417.5 of the Health and Safety Code. 7267. In order to encourage and expedite the acquisition of real property by agreements with owners, to avoid litigation and relieve congestion in the courts, to assure consistent treatment for owners in the public programs, and to promote public confidence in public land acquisition practices, public entities shall, to the greatest extent practicable, be guided by the provisions of Section 7267.1 to 7267.7, inclusive, except that the provisions of subdivision (b) of Section 7267.1 and Section 7267.2 shall not apply to the acquisition of any easement, right-of-way, covenant, or other nonpossessory interest in real property to be acquired for the construction, reconstruction, alteration, enlargement, maintenance, renewal, repair, or replacement of subsurface sewers, waterlines or appurtenances, drains, septic tanks, or storm water drains. 7267.1. (a) The public entity shall make every reasonable effort to acquire expeditiously real property by negotiation. SYCR 1994 A-40 (b) Real property shall be appraised before the initiation of negotiations, and the owner, or the owner's designated representative, shall be given an opportunity to accompany the appraiser during his or her inspection of the property. However, the public entity may prescribe a procedure to waive the appraisal in cases involving the acquisition by sale or donation of property with a low fair market value. 7267.2. (a) Prior to adopting a resolution of necessity pursuant to Section 1245.230 and initiating negotiations for the acquisition of real property, the public entity shall establish an amount which it believes to be just compensation therefor, and shall make an offer to the owner or owners of record to acquire the property for the full amount so established, unless the owner cannot be located with reasonable diligence. The offer may be conditioned upon the legislative body's ratification of the offer by execution of a contract of acquisition or adoption of a resolution of necessity or both. In no event shall the amount be less than the public entity's approved appraisal of the fair market value of the property. Any decrease or increase in the fair market value of real property to be acquired prior to the date of valuation caused by the public improvement for which the property is acquired, or by the likelihood that the property would be acquired for the improvement, other than that due to physical deterioration within the reasonable control of the owner or occupant, shall be disregarded in determining the compensation for the property. The public entity shall provide the owner of real property to be acquired with a written statement of, and summary of the basis for, the amount it established as just compensation. Where the property involved is owner occupied residential property and contains no more than four residential units, the homeowner shall, upon request,- be allowed to review a copy of the appraisal upon which the offer is based. Where appropriate, the just compensation for the real property acquired and for damages to remaining real property shall be separately stated. (b) Notwithstanding subdivision (a), a public entity may make an offer to the owner or owners of record to acquire real property for less than an amount which it believes to be just compensation therefor if (1) the real property is offered for sale by the owner at a specified price less than the amount the public entity believes to be just compensation therefor, (2) the public entity offers a price which is equal to the specified price for which the property is being offered by the landowner, and (3) no federal funds are involved in the acquisition, construction, or project development. (c) As used in subdivision (b), "offered for sale" means any of the following: (1) Directly offered by the landowner to the public entity for a specified price in advance of negotiations by the public entity. (2) Offered for sale to the general public at an advertised or published, specified price set no more than six months prior to and still available at the time the public entity initiates contact with the landowner regarding the public entity's possible acquisition of the property. 7267.3. The construction or development of a public improvement shall be so scheduled that, to the greatest extent practicable, no person lawfully occupying real property shall be required to move from a dwelling, assuming a replacement dwelling will be available, or to move his business SYCR 1994 A-41 or farm operation, without at least 90 days' written notice from the public entity of the date by which such move is required. 7267.4. If the public entity permits an owner or tenant to occupy the real property acquired on a rental basis for a short term, or for a period subject to termination by the public entity on short notice, the amount of rent required shall not exceed the fair rental value of the property to a short-term occupier. 7267.5. In no event shall the public entity either advance the time of condemnation, or defer negotiations or condemnation and the deposit of funds in court for the use of the owner, or take any other action coercive in nature, in order to compel an agreement on the price to be paid for the property. 7267.6. If any interest in real property is to be acquired by exercise of the power of eminent domain, the public entity shall institute formal condemnation proceedings. No public entity shall intentionally make it necessary for an owner to institute legal proceedings to prove the fact of the taking of his real property. 7267.7. (a) If the acquisition of only a portion of a property would leave the remaining portion in such a shape or condition as to constitute an uneconomic remnant, the public entity shall offer to acquire the entire property if the owner so desires. (b) A person whose real property is being acquired in accordance with this chapter may, after the person has been fully informed of his or her right to receive just compensation for the property, donate the property, any part thereof, any interest therein, or any compensation paid therefor to a public entity determined by the person. 7267.8. (a) All public entities shall adopt rules and regulations to implement payments and to administer relocation assistance under this chapter. These rules and regulations shall be in accordance with the rules and regulations adopted by the Department of Housing and Community Development. (b) Notwithstanding subdivision (a), with respect to a federally funded project, a public entity shall make relocation assistance payments and provide relocation advisory assistance as required under federal law. [See also Health and Safety Code, Section 50460*] 7267.9. (a) Prior to the initiation of negotiations for acquisition by a public entity or public utility of nonprofit, special use property, as defined by Section 1235.155 of the Code of Civil Procedure, the acquiring public entity or public utility shall make every reasonable effort to seek alternative property which is other than nonprofit, special use property. However, this requirement shall not SYCR 1994 A42 apply to properties acquired by public entities for transportation purposes, including, but not limited to, the construction, expansion, or improvement of streets, highways, or railways. (b) This section does not apply to actions or proceedings commenced by a public entity or public utility to acquire real property or any interest in real property for the use of water, sewer, electricity, telephone, natural gas, or flood control facilities or rights-of-way where those acquisitions neither require removal or destruction of existing improvements, nor render the property unfit for the owner's present or proposed use. 7269. (a) No payment received by any person under this chapter or as tenant relocation assistance required by any state statute or local ordinance shall be considered as income for the purposes of the Personal Income Tax Law, Part 10 (commencing with Section 17001) of Division 2 of the Revenue and Taxation Code, or the Bank and Corporation Tax Law, Part 11 (commencing with Section 23001) of Division 2 of the Revenue and Taxation Code. (b) No payment received by any person under this chapter shall be considered as income or resources to any recipient of public assistance and such payments shall not be deducted from the amount of aid to which the recipient would otherwise be entitled under any other provisions of law. 7269.1. Where a recipient of relocation benefits payments under federal or state law is also a general assistance recipient under Part 5 (commencing with Section 17000) of Division 9 of the Welfare and Institutions Code and two or more rent schedules apply to the recipient, the highest shall prevail and any excess amount over lower rent schedule shall not be counted as income or resources for general assistance purposes under Part 5 (commencing with Section 17000) of Division 9 of the Welfare and Institutions Code. 7270. Nothing contained in this chapter shall be construed as creating in any condemnation proceedings brought under the power of eminent domain any element of damages not in existence on the date of enactment of this chapter. 7271. If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. 7272. If under any other provision of law of this state the owner or occupant of real property acquired by a public entity for public use is given greater protection than is provided by Sections 7265.3 to 7267.8, inclusive, the public entity shall also comply with such other provision of law. 7272.3. It is the intent of the Legislature, by this chapter, to establish minimum requirements for relocation assistance payments by public entities. This chapter shall not be construed to limit any other authority which a public entity may have to make other relocation assistance payments, or to make any relocation assistance payment in an amount which exceeds the maximum amount for such payment authorized by this chapter. SYCR 1994 A-43 (b) At the time of making an offer to acquire property under subdivision (a), public entities shall notify the property owner in writing, of the following: - (1) The public entity's plans for developing the property to be acquired or the surrounding property. (2) Any relocation assistance and benefits provided pursuant to state law which the property owner may be foregoing. _r SYCR 1494 A-45 V (b) At the time of making an offer to acquire property under subdivision (a), public entities shall notify the property owner in writing, of the following: - (1) The public entity's plans for developing the property to be acquired or the surrounding property. (2) Any relocation assistance and benefits provided pursuant to state law which the property owner may be foregoing. _0 SYCR 1494 A-45 V S89b-It,9/t,IL 9OLZ6 LTTIIOPIRD ` UV MuuS SOE ol!nS 1a13110 uaploJ uUoN OtIS •oul `dnoif) 3laoignadS mouaso-d :,.q panda.Td 9995-96£ (606) LLIti-99LI6 L'MJOJIWD `.Mg puouWTQ 001 altnS `anuQ Saldoo Ing 0991 Z Xoua2V juauzdolanapo-d reg puomula :.Toj paredaad — oN oommi jp Aq L66I ` :paldopd L661 'SUIN VaHV NOI,LVZI'IKI/IAaH DIWON033 HVEI QNOYVIQ 21HJL HOd NVrlcl ZN2lWclO'IHAa(IaH TABLE OF CONTENTS SECTION I. (100) INTRODUCTION..........................................................................1 A. General..............................................................................................................1 SECTION II. (200) GENERAL DEFINITIONS..........................................................1 SECTION III. (300) PROJECT AREA BOUNDARIES...............................................3 SECTION IV. (400) REDEVELOPMENT PLAN GOALS..........................................3 SECTION V. (500) REDEVELOPMENT ACTIONS.................................................4 A. General..............................................................................................................4 B. Property Acquisition .................. C. Participation by Owners and Persons Engaged in Business .............................7 D. Implementing Rules..........................................................................................9 E. Cooperation with Public Bodies.......................................................................9 F. Property Management.......................................................................................9 G. Payments to Taxing Agencies..........................................................................9 H. Relocation of Persons Displaced by a Project................................................10 I. Demolition, Clearance, Public Improvements, Site Preparation and Removal of Hazardous Waste..............................................10 J. Rehabilitation, Moving of Structures by the Agency andSeismic Repair.........................................................................................12 K. Property Disposition and Development..........................................................13 L. Provision for Low and Moderate Income Housing........................................16 SECTION VI. (600) USES PERMITTED IN THE PROJECT AREA .....................20 A. Map and Uses Permitted.................................................................................20 B. Major Land Uses ............................................ C. Public Uses.....................................................................................................20 D. Conforming Properties....................................................................................21 E. Nonconforming Uses......................................................................................21 F. Interim Uses....................................................................................................22 G. General Controls and Limitations...................................................................22 H. Design for Development.................................................................................24 I. Building Permits.............................................................................................25 SECTION VII. (700) METHODS FOR FINANCING THE PROJECT ....................25 A. General Description of the Proposed Financing Methods..............................25 B. Tax Increment Revenue..................................................................................26 C. Agency Bonds................................................................ .................................27 D. Other Loans and Grants..................................................................................28 E. Rehabilitation Loans, Grants and Rebates......................................................28 SECTION VIII. (800) ACTIONS BY THE CITY..........................................................28 SECTION IX. (900) ADMINISTRATION AND ENFORCEMENT ..................... 29 SECTION X. (1000) PLAN LIMITATIONS................................................................29 A. Effectiveness of the Plan .................................................................................29 B. Limitation on Incurring Debt .......................... C. Limitation on Receipt of Tax Increment and Payment of Indebtedness ......... 30 D. Limitation on the Amount of Bonded Indebtedness.......................................30 SECTION XI (1100) PROCEDURE FOR AMENDMENT.........................................31 Exhibit A: Project Area Map Exhibit B: Legal Description Exhibit C: Public Facilities and Infrastructure Improvements Projects REDEVELOPMENT PLAN FOR THE DIAMOND BAR REDEVELOPMENT AGENCY DIAMOND BAR ECONOMIC REVITALIZATION AREA SECTION I. (100) INTRODUCTION A. (10 1) General This is the Redevelopment Plan for the Diamond Bar Economic Revitalization Area ("Plan"), located in the City of Diamond Bar, County of Los Angeles, State of California. It consists of the text (Sections 100 through 1100), the Project Area Map of the Diamond Bar Economic Revitalization Area ("Project Area") (Exhibit A), the legal description of the Project Area boundaries (Exhibit B), and a listing of the proposed projects, public facilities, and infrastructure improvement projects (Exhibit Q. This Plan has been prepared by the Diamond Bar Redevelopment Agency ("Agency") pursuant to the California Community Redevelopment Law (Health and Safety Code Section 33000, et seg.), the California Constitution and all applicable laws and ordinances. It does not present a specific plan for the redevelopment, rehabilitation and revitalization of any area within the Project Area; instead, it establishes a process and framework within which specific development plans will be presented, priorities for specific projects will be established, and specific solutions will be proposed and by which tools are provided to the Agency to fashion, develop and proceed with such specific plans, projects and solutions. This Plan is based upon the Preliminary Plan formulated and adopted by the Diamond Bar Planning Commission and the Agency on October 28, 1996 and November 19, 1996, respectively. SECTION II. (200) GENERAL DEFINITIONS The following definitions will be used generally in the context of this Plan unless otherwise specified herein: A. "Agency" means the Diamond Bar Redevelopment Agency. B. "Agency Board" means the governing body of the Agency. C. "Adopting Ordinance" means Ordinance No. adopted by the City Council on , 1997, adopting this Plan for the Diamond Bar Economic Revitalization Area. D. "City" means the City of Diamond Bar, California. Diambar\redplan 1 05/13/97 E. "City Council" means the legislative body of the City. F. "County" means the County of Los Angeles, California. G. "Disposition and Development Agreement" means an agreement between a developer and the Agency that sets forth terms and conditions for improvement and redevelopment. H. "General Plan" means the City's General Plan, a comprehensive and long- term General Plan for the physical development of the City as provided for in Section 65300 of the California Government Code. I. "Map" means the Map of the Project Area attached hereto as Exhibit A. J. "Method of Relocation" means the methods or plans adopted by the Agency pursuant to Sections 33352(f) and 33411 of the Redevelopment Law for the relocation of families, persons, businesses, and nonprofit local community institutions to be temporarily or permanently displaced by actions of the Agency. K. "Owner Participation Agreement" means an agreement between the Agency and a property owner or tenant which sets forth terms and conditions for improvement and redevelopment. L. "Owner Participation Rules" means the Rules Governing Participation and Reentry Preferences by Property Owners, Operators of Businesses, and Business Tenants for the Diamond Bar Economic Revitalization Area. M. "Person" means an individual(s), or any public or private entities. N. "Plan" means the Redevelopment Plan for the Diamond Bar Economic Revitalization Area. O. "Project" means the Diamond Bar Economic Revitalization Area. P. "Project Area" means the Diamond Bar Economic Revitalization Area, which is the territory this Plan applies to, as shown on Exhibit A. Q. "Redevelopment Law" means the California Community Redevelopment Law (Health and Safety Code, Sections 33000, et seq.). R. "State" means the State of California. Diambar\redplan 2 05/13/97 SECTION III. (300) PROJECT AREA BOUNDARIES The boundaries of the Project Area are illustrated on the map attached hereto and incorporated herein as Exhibit A. The legal description of the boundaries of the Project Area is as described in Exhibit B attached hereto and incorporated herein. SECTION IV. (400) REDEVELOPMENT PLAN GOALS Implementation of this Plan is intended to achieve the following goals: 1. Implement the policies, goals, objectives and strategies as presented in the General Plan for the City of Diamond Bar. 2. Eliminate and prevent the spread of conditions of blight, including but not limited to: underutilized properties and deteriorating buildings, incompatible and uneconomic land uses, deficient infrastructure and facilities, obsolete structures, parking deficiencies and other economic deficiencies, in order to create a more favorable environment for commercial, industrial, office, residential, and recreational development. 3. Provide opportunities for retail and other non-residential commercial and office uses. 4. Promote the economic development of the Project Area by providing an attractive, well -serviced, well -protected environment for all residents and visitors. 5. Improve public facilities and public infrastructure to provide adequate infrastructure facilities and public services. 6. Promote local job opportunities in the community. 7. Encourage the cooperation and participation of residents, businesses, business persons, public agencies, and community organizations in the economic revitalization of the Project Area. 8. Implement design and use standards to assure high aesthetic and environmental quality, and provide unity and integrity to developments within the Project Area. 9. Preserve and enhance the unique, open space resources in the community. Diambar\redplan 3 05/13/97 10. Provide and regulate the provision of the supply of parking to meet the needs of both residents and commercial businesses. 11. Remove imp ediments to land disposition and development through the assembly of property into reasonably sized and shaped parcels served by improved infrastructure and public facilities. 12. Recycle and/or develop underutilized parcels to accommodate higher and better economic uses while enhancing the City's financial resources. 13. Increase, improve, and preserve the supply of housing affordable to very low, low and moderate income households. SECTION V. (500) REDEVELOPMENT ACTIONS A. (501) General The Agency proposes to eliminate and prevent the recurrence of blight, and improve the economic base of the Project Area by: 1. Acquiring, installing, developing, constructing, reconstructing, redesigning, planning, replanning, or reusing streets, curbs, gutters, sidewalks, traffic control devices, utilities, flood control facilities and other public improvements and public facilities. 2. Rehabilitating, altering, remodeling, improving, modernizing, clearing, or reconstructing buildings, structures and improvements. 3. Rehabilitating, preserving, developing or constructing affordable housing in compliance with State law. 4. Providing the opportunity for owners and tenants presently located in the Project Area to participate in redevelopment projects and programs, and extending preferences to occupants to remain or relocate within the redeveloped Project Area. 5. Providing relocation assistance to displaced residential and nonresidential occupants, if necessary. 6. Facilitating the development or redevelopment of land for purposes and uses consistent with this Plan. Diambar\redplan 4 05/13/97 7. Acquiring real property by purchase, lease, gift, grant, request, devise or any other lawful means (including eminent domain), after the conduct of appropriate hearings. 8. Combining parcels and properties where and when necessary. 9. Preparing building sites and constructing necessary off-site improvements. 10. Providing for open space. 11. Managing property owned or acquired by the Agency. 12. Assisting in procuring financing for the construction of residential, commercial, and office buildings to increase the residential and commercial base of the Project Area, and the number of temporary and permanent jobs in the City. 13. Disposing of property including, without limitation, the lease or sale of land at a value determined by the Agency for reuse in accordance with this Plan. 14. Establishing controls, restrictions or covenants running with the land, so that property will continue to be used in accordance with this Plan. 15. Vacating or abandoning streets, alleys, and other thoroughfares, as necessary, and dedicating other areas for public purposes consistent with the objectives of this Plan. 16. Providing replacement housing, if any is required. 17. Applying for and utilizing grants, loans and any other assistance from federal or State governments, or other sources. 18. Taking actions the Agency determines are necessary and consistent with State, federal and local laws to make structural repairs to buildings and structures, including historical buildings, to meet building code standards related to seismic safety. 19. Taking actions the Agency determines are necessary and consistent with State, federal and local laws to remedy or remove a release of hazardous substances on, under or from property within the Project Area or to remove hazardous waste from property. DiambaAredplan 5 05/13/97 20. From time to time preparing and carrying out plans for the improvement, rehabilitation, and redevelopment of blighted areas, disseminating redevelopment information and creating a variety of economic development programs which will help build a stronger economic base within the Project Area. An Agency program may consist of assisting businesses with the following: advertising in brochures, promoting trade fairs, creating displays, developing videos, and any other appropriate media which will attract other businesses and consumers to the area. The Agency may also assist with job training programs, moving expenses, and providing other incentives to attract industrial type businesses to the area such as tax credits. 21. Assisting businesses in the Project Area with facade improvements and general rehabilitation by providing loans and grants. 22. Adopting specific design guidelines for projects to ensure a consistent design theme which will guide rehabilitation, new development, developers, architects, and builders. To accomplish these actions and to implement this Plan, the Agency is authorized to use the powers provided in this Plan, and the powers now or hereafter permitted by the Redevelopment Law and any other State law. The Agency will not pursue one or more public projects which will displace a substantial number of low-income persons or moderate -income persons, or both. B. (502) Property Acquisition (503) Acquisition of Real Property The Agency may acquire real property, any interest in property, and any improvements on it by any means authorized by law including, without limitation, by gift, grant, exchange, purchase, cooperative negotiations, lease, option, bequest, devise or eminent domain. To the extent required by law, the Agency shall not acquire real property on which an existing building is to be continued on its present site and in its present form and use without the consent of the owner, unless: (1) such building requires structural alteration, improvement, modernization or rehabilitation; or (2) the site or lot on which the building is situated requires modification in size, shape or use; or (3) it is necessary to impose upon such property any of the standards, restrictions and controls of this Plan and the owner fails or refuses to participate in the Plan by executing an Owner Participation Agreement. 05/13/97 Diambaftedplan 6 Except as otherwise provided herein, or otherwise provided by law, no eminent domain proceeding to acquire property within the Project Area shall be commenced after twelve (12) years following the date of adoption of the Adopting Ordinance. Such time limitation may be extended only by amendment of this Plan. 2. (504) Acquisition of Personal Property Where necessary in the implementation of this Plan, the Agency is authorized to acquire personal property in the Project Area by any lawful means. C. (505) Participation by Owners and Persons En a gLd in Business I. (506) Owner Participation This Plan provides for participation in the redevelopment of property in the Project Area by the owners of all or part of such property if the owners agree to participate in the redevelopment in conformity with this Plan. Opportunities to participate in the redevelopment of property in the Project Area may include without limitation the rehabilitation of property or structures; the retention of improvements; the development of all or a portion of the participant's property; the acquisition of adjacent or other properties from the Agency; purchasing or leasing properties in the Project Area; participating with developers in the improvement of all or a portion of a participant's properties; or other suitable means consistent with objectives and proposals of this Plan and with the Agency's rules governing owner participation and re-entry. In addition to opportunities for participation by individual persons and firms, participation, to the extent it is feasible, shall be available for two or more persons, firms or institutions, to join together in partnerships, corporations, or other joint entities. The Agency desires participation in redevelopment activities by as many owners and business tenants as possible. However, participation opportunities shall necessarily be subject to and limited by such minimum factors as the expansion of public or public utilities facilities; elimination and changing of land uses; realignment of streets; the ability of the Agency and/or owners and business tenants to finance acquisition and development activities in accordance with this Plan; and whether the proposed activities conform to and further the goals and objectives of this Plan. Diambar\redplan 7 05/13/97 2. (507) Reentry Preferences for Persons Engaged in Business in the Project Area The Agency shall extend reasonable preferences to persons who are engaged in business in the Project Area to relocate and reenter in business in the redeveloped area, if they otherwise meet the requirements prescribed by this Plan and the Agency's rules governing owner participation and re- entry. 3. (508) Owner Participation Agreements Under an Owner Participation Agreement, the participant shall agree to rehabilitate, develop, or use the property in conformance with this Plan and be subject to the provisions hereof. Pursuant to the Owner Participation Agreement, participants who retain real property shall be required to join in the recordation of such documents as are necessary to make the provisions of this Plan applicable to their properties. In the event a participant breaches the terms of an Owner Participation Agreement, the Agency may declare the Agreement terminated and may acquire the real property or any interest therein, and may sell or lease such real property or interest therein for rehabilitation or development in accordance with this Plan. If conflicts develop between the desires of participants for particular sites or land uses, the Agency is authorized to establish reasonable priorities and preferences among the owners and tenants. Where the Agency determines that a proposal for participation is not feasible, is not in the best interests of the Agency or City, or that redevelopment can best be accomplished without affording a participant an opportunity to execute an Owner Participation Agreement, the Agency shall not be required to execute such an agreement. D. (509) Implementing Rules The provisions of Sections 505-508 of this Plan shall be implemented according to the Owner Participation Rules adopted by the Agency prior to the adoption of the Adopting Ordinance, which may be amended from time to time by the Agency. Such Owner Participation Rules allow for Owner Participation Agreements with the Agency. DiambarVedplan 8 05/13/97 E. (5 10) Cooperation with Public Bodies Certain public bodies are authorized by State law to aid and cooperate, with or without consideration, in the planning and implementation of activities authorized by this Plan. The Agency shall seek the aid and cooperation of such public bodies and shall attempt to coordinate the implementation of this Plan with the activities of such public bodies in order to accomplish the purposes of redevelopment and to achieve the highest public good. The Agency is authorized to acquire real property devoted to public use through eminent domain, but property of a public body shall not be acquired without its consent. The Agency shall seek the cooperation of all public bodies which own or intend to acquire property in the Project Area. Any public body which owns or leases property in the Project Area will be afforded all the privileges of owner and business tenant participation if such public body is willing to enter into an Owner Participation Agreement with the Agency. All plans for development of property in the Project Area by a public body shall be subject to Agency approval. The Agency may impose on all public bodies the planning and design controls contained in and authorized by this Plan to ensure that present uses and any future development by public bodies will conform to the requirements of this Plan. The Agency is authorized, to the extent permissible by law, to financially (and otherwise) assist public bodies in the cost of public land, buildings, facilities, structures or other improvements (within or outside the Project Area) where such land, buildings, facilities, structures, or other improvements are of benefit to the Project Area. F. (511) Property Management During such time as property, if any, in the Project Area is owned by the Agency, such property shall be under the management and control of the Agency. Such properties may be rented or leased by the Agency pending their disposition. G. (512) Payments to Taxing Agencies The Agency may pay, but is not required to pay, in any year during which it owns property in the Project Area that is tax exempt, directly to any City, County or district, including, but not limited to, a school district, or other public corporation for whose benefit a tax would have been levied upon such property had it not been tax exempt, an amount of money in lieu of taxes that may not exceed the amount of money the public entity would have received if the property had not been tax exempt. The Agency will also be required to make statutory pass-through payments to affected taxing entities in accordance with Redevelopment Law. DiambarVedplan 9 05/13197 E. (510) Cooperation with Public Bodies Certain public bodies are authorized by State law to aid and cooperate, with or without consideration, in the planning and implementation of activities authorized by this Plan. The Agency shall seek the aid and cooperation of such public bodies and shall attempt to coordinate the implementation nthei purposes of redevelopment and to of such public bodies in order to accomplishP achieve the highest public good. The Agency is authorized to acquire real property devoted to public use through eminent domain, but property of a public body shall not be acquired without its consent. The Agency shall seek the cooperation of all public body which owns or ich own or intend to acquire property in the Project Area. Any public leases property in the Project Area will be afforded all the privileges of owner and willingis wner business tenant participation if such blic od plansfor development o property Participation Agreement with t Agency. Y v shall be subject to Agency approval. in the Project Area by a public bod The Agency may impose on all public bodies the planning and design controls contained in and authorized by this Plan to ensure that present uses and any future development by public bodies will conform to the requirements of this Plan. The Agency is authorized, to the extent permissible by law, to financially (and otherwise) assist public bodies in the cost of public land, buildings, facilities, structures or other improvements (within or outside the Project Area) where such land, buildings, facilities, structures, or other improvements are of benefit to the Project Area. F. (511) Property Management During such time as property, if any, in the Project Area is owned by the Agency, such property shall be under the management and control of the Agency. Such properties may be rented or leased by the Agency pending their disposition. G. (512) Payments tofaxing�cies pay, but is not required to pay, in any year during which it owns The Agency may p , , Cit Count or property in the Project Area that is tax exempt, directly to any y� Y district, including, but not limited to, a school district, or other public crtnot been oration for whose benefit a tax would have been levied upon such property hadtax exempt, an amount of money in have received if the property hadxes that may not a of bethe e mount of money the public entity would exempt. The Agency will also be required to make statutory pass-through payments to affected taxing entities in accordance with Redevelopment Law. 05/13/97 DiambarVedplan 9 H. (513) Relocation of Persons Displaced by a Project 1. (514) Relocation Program In accordance with the provisions of the California Relocation Assistance Law (Government Code Section 7260, et seq.), the guidelines adopted and promulgated by the California Department of Housing and Community Development (the "Relocation Guidelines") and the Method of Relocation adopted by the Agency, the Agency shall provide relocation benefits and assistance to all persons (including families, business concerns and others) displaced by Agency acquisition of property in the Project Area or as otherwise required by law. Such relocation assistance shall be provided in the manner required by the Method of Relocation. In order to carry out a redevelopment project with a minimum of hardship, the Agency will assist displaced households in finding decent, safe and sanitary housing within their financial means and otherwise suitable to their needs. The Agency shall make a reasonable effort to relocate displaced individuals, families, and commercial and professional establishments within the Project Area. The Agency is also authorized to provide relocation for displaced persons outside the Project Area. 2. (515) Relocation Benefits and Assistance The Agency shall provide all relocation benefits required by law and in conformance with the Method of Relocation, Relocation Guidelines, Relocation Assistance Act, the Redevelopment Law, and any other applicable rules and regulations. I. (516) Demolition, Clearance, Public Improvements, Site Preparation and Removal of Hazardous Waste 1. (517) Demolition and Clearance The Agency is authorized, for property acquired by the Agency or pursuant to an agreement with the owner of property, to demolish, clear or move buildings, structures, or other improvements from any real property as necessary to carry out the purposes of this Plan. DiambarVedplan 10 05/13/97 2. (518) Public Improvements To the extent permitted by law, the Agency is authorized to install and construct or to cause to be installed and constructed the public improvements and public utilities (within or outside the Project Area) necessary to carry out the purposes of this Plan. Such public improvements include, but are not limited to: over or underpasses; bridges; streets; curbs; gutters; sidewalks; street lights; sewers; storm drains; traffic signals; electrical distribution systems, natural gas distribution systems; cable TV systems; water distribution systems; parks; plazas; playgrounds; motor vehicle parking facilities; landscaped areas; schools; libraries; civic, cultural, and recreational facilities; pedestrian improvements, or other improvements allowed by Redevelopment Law. A list of proposed public facilities and infrastructure improvement projects is included in the projects list set forth in Exhibit C and incorporated herein by reference. The Agency, as it deems necessary to carry out the Plan and subject to the consent of the City Council, may pay all or part of the value of the land for and the cost of the installation and construction of any building allowed by Redevelopment Law, facility, structure or other improvement which is publicly owned either within or outside the Project Area, upon both the Agency Board and the City Council making the applicable determinations required pursuant to the Redevelopment Law. When the value of such land or the cost of the installation and construction of such building, facility, structure or other improvement, or both, has been, or will be, paid or provided for initially by the City or other public corporation, the Agency may enter into a contract with the City or other public corporation under which it agrees to reimburse the City or other public corporation for all or part of the value of such land or all or part of the cost of such building, facility, structure or other improvements, or both, by periodic payments over a period of years. Any obligation of the Agency under such contract shall constitute an indebtedness of the Agency for the purposes of carrying out this Plan. 3. (519) Preparation of Building Sites The Agency may develop as a building site any real property owned or acquired by it. In connection with such development it may cause, provide, or undertake or make provisions with other agencies for the installation, or construction of streets, utilities, parks, playgrounds and other public improvements necessary for carrying out this Plan in the Project Area. Diambar\redplan 11 05/13/97 4. (520) Removal of Hazardous Waste To the extent legally allowable, the Agency may take any actions which the Agency determines are necessary and which are consistent with other State and federal laws, to remedy or remove a release of hazardous substances on, under, or from property within the Project Area. J. (521) Rehabilitation, Moving of Structures by the Agency and Seismic Repairs (522) Rehabilitation and Conservation The Agency is authorized to rehabilitate and conserve, or to cause to be rehabilitated and conserved, any property, building or structure in the Project Area owned by the Agency. The Agency is also authorized to advise, encourage, and assist (through a loan program or otherwise) in the rehabilitation and conservation of property, buildings or structures in the Project Area not owned by the Agency to the extent permitted by the Redevelopment Law. The Agency is authorized to acquire, restore, rehabilitate, move and conserve buildings of historic or architectural significance. It shall be the purpose of this Plan to allow for the retention of as many existing businesses as practicable and to enhance the economic life of these businesses by a program of voluntary participation in their conservation and rehabilitation. The Agency is authorized to conduct a program of assistance and enforcement to encourage owners of property within the Project Area to upgrade and maintain their property consistent with this Plan and such standards as may be developed for the Project Area. The extent of rehabilitation in the Project Area shall be subject to the discretion of the Agency based upon such objective factors as: a. Compatibility of rehabilitation with land uses as provided for in this Plan. b. Economic feasibility of proposed rehabilitation and conservation activity. C. Structural feasibility of proposed rehabilitation and conservational activity. DiambarVedplan 12 05/13/97 d. The undertaking of rehabilitation and conservation activities in an expeditious manner and in conformance with the requirements of this Plan and such property rehabilitation standards as may be adopted by the Agency. e. The need for expansion of public improvements, facilities and utilities. f. The assembly and development of properties in accordance with this Plan. The Agency may adopt property rehabilitation standards for the rehabilitation of properties in the Project Area. 2. (523) Moving of Structures As necessary in carrying out this Plan, the Agency is authorized to move, or to cause to be moved, any building, structures or other improvements from any real property acquired which can be relocated to a location within or outside the Project Area, and rehabilitated. 3. (524) Seismic Repairs For any project undertaken by the Agency within the Project Area for building rehabilitation or alteration in construction, the Agency may, by following all applicable procedures which are consistent with local, State, and federal law, take those actions which the Agency determines are necessary to provide for seismic retrofits. K. (525) Property Disposition and Development 1. (526) Real Property Disposition and Development a. (527) General For the purposes of this Plan, the Agency is authorized to sell, lease, exchange, subdivide, transfer, assign, pledge, encumber by mortgage or deed of trust, or otherwise dispose of any interest in real property. To the extent permitted by law, the Agency is authorized to dispose of real property by negotiated sale or lease without public bidding. Except as otherwise permitted by law, before any interest in property of the Agency acquired in whole or in part, directly or indirectly, with tax increment moneys is sold or DiambarVedplan 13 05/13/97 leased for development pursuant to this Plan, such sale or lease shall be first approved by the City Council after public hearing. Except as otherwise permitted by law, no real property acquired by the Agency, in whole or in part, directly or indirectly, with tax increment, or any interest therein, shall be sold or leased for development pursuant to the Plan for an amount less than its fair market value, or the fair reuse value at the use and with the covenants, conditions and development costs authorized by the sale or lease. Unless otherwise permitted by law, the real property acquired by the Agency in the Project Area shall be leased or sold, except property conveyed by the Agency to the community or any other public body. Any such lease or sale shall be conditioned on the redevelopment and use of the property in conformity with the Redevelopment Plan. Real property may be conveyed by the Agency to the City, and where beneficial to the Project Area, to any other public body without charge or for an amount less than fair market value. All purchasers or lessees of property from the Agency shall be obligated to use the property for the purposes designated in this Plan, to begin and complete improvement of such property within a period of time which the Agency fixes as reasonable, and to comply with other conditions which the Agency deems necessary to carry out the purposes of this Plan. During the period of redevelopment in the Project Area, the Agency shall ensure that all provisions of this Plan, and other documents formulated pursuant to this Plan, are being observed, and that development of the Project Area is proceeding in accordance with applicable development documents and time schedules. All development, whether public or private, must conform to this Plan and all applicable federal, State, and local laws, including without limitation the City's planning and zoning ordinances, building, environmental and other land use development standards. Such development must receive the approval of all appropriate public agencies. DiambarVedplan 14 05/13/97 b. (528) Purchase and Development Documents To provide adequate safeguards to ensure that the provisions of this Plan will be carried out and to prevent the recurrence of blight, all real property sold, leased, or conveyed by the Agency, as well as all property subject to Owner Participation Agreements, shall be made subject to the provisions of this Plan by leases, deeds, contracts, agreements, declarations of restrictions, provisions of the planning and zoning ordinances of the City, conditional use permits, or other means. Where appropriate, as determined by the Agency, such documents or portions thereof shall be recorded in the office of the Recorder of the County. Leases, deeds, contracts, agreements, and declarations of restrictions of the Agency may contain restrictions, covenants, covenants running with the land, rights of reversion by the owner, or any other provisions necessary to carry out this Plan. The Agency shall reserve such powers and controls in Disposition and Development Agreements or similar agreements as may be necessary to prevent transfer, retention, or use of property for speculative purposes and to ensure that redevelopment is carried out pursuant to this Plan. The Agency shall obligate purchasers and lessees of real property acquired in redevelopment projects and owners of property improved as part of a redevelopment project to refrain from discrimination or segregation based upon race, color, creed, religion, national origin, ancestry, sex, or marital status in the sale, lease, sublease, transfer, use occupancy, tenure or enjoyment of property in the Project Area. All property sold, leased, conveyed, or subject to Disposition and Development Agreements shall be expressly subject by appropriate documents to the restriction that all deeds, leases, or contracts for the sale, lease, sublease or other transfer of land in the Project Area shall contain such nondiscrimination and non -segregation clauses as are required by law. 2. (529) Personal Property Disposition For the purposes of this Plan, the Agency is authorized to sell, lease, exchange, subdivide, transfer, assign, pledge, encumber, or otherwise dispose of personal property. DiambarVedplan 15 05/13/97 L. (530) Provision for Low and Moderate Income Housing 1. (53 1) Definition of Terms Unless otherwise permitted or required by law, the terms "affordable housing cost", "replacement dwelling unit", "persons and families of low or moderate income", "substantially rehabilitated dwelling units" and "very low income households" as used herein shall have the meanings as now defined by the Redevelopment Law, or may hereafter be amended, and other State and local laws and regulations pertaining thereto. 2. (532) Authority Generally The Agency may, inside or outside the Project Area: acquire real property, buildings sites, buildings or structures, donate real property, improve real property or building sites, construct or rehabilitate buildings or structures, and take any other such actions as may be permitted by the Redevelopment Law, in order to provide housing for persons and families of low or moderate income. 3. (533) Replacement Housing Except as otherwise permitted by law, whenever dwelling units housing persons and families of low or moderate income are destroyed or removed from the low and moderate income housing market as part of a redevelopment project, the Agency shall, within four years of such destruction or removal, rehabilitate, develop or construct, or cause to be rehabilitated, developed or constructed, for rental or sale to persons and families of low or moderate income, an equal number of replacement dwelling units which have an equal or greater number of bedrooms as those destroyed or removed units at affordable housing costs within the territorial jurisdiction of the Agency. Except as otherwise permitted by law, seventy-five percent (75%) of the replacement dwelling units shall replace dwelling units available at affordable housing costs in the same income level of very low income households, lower income households, and persons and families of low and moderate income as the persons displaced from those units destroyed. The Agency may replace destroyed or removed dwelling units housing persons and families of low or moderate income with a fewer number of replacement dwelling units if the replacement dwelling units have a greater or equal number of bedrooms and are affordable to the same income level of households as the destroyed or removed units to the extent permissible by law as it now exists or may hereafter be amended. DiambarVedplan 16 05/13/97 4. (534) New or Rehabilitated Dwelling Units Developed Within the Project Area Unless otherwise permitted by law, at least thirty percent (30%) of all new and substantially rehabilitated dwelling units developed by the Agency shall be available at affordable housing cost to persons and families of low or moderate income and of such thirty percent (30%), not less than fifty percent (50%) shall be available to and occupied by very low income households. Unless otherwise permitted by law, at least fifteen percent (15%) of all new and substantially rehabilitated dwelling units developed within the Project Area by public or private entities or persons other than the Agency shall be available at affordable housing cost to persons and families of low or moderate income and of such fifteen percent (15%), not less than forty percent (40%) shall be available at affordable housing cost to very low income households. The percentage requirements set forth in this Section 534 shall apply independently of the requirements of Section 533 of this Plan and in the aggregate to the supply of housing to be made available pursuant to this Section 534 and not to each individual case of rehabilitation, development or construction of dwelling units. Pursuant to Section 33413(b)(4) of the Redevelopment Law, the Agency shall prepare and adopt a plan to comply with the requirements set forth above, for the Project Area. The plan shall be consistent with, and may be included within the Housing Element of the City's General Plan. Unless otherwise permitted by law, the plan shall be reviewed and, if necessary, amended at least every five (5) years in conjunction with the housing element cycle. Unless otherwise permitted by law, the plan shall ensure that the requirements of this section are met every ten (10) years. Except as otherwise permitted by law, the Agency shall require, by contract or other appropriate means, that whenever any low and moderate income housing units are developed within the Project Area, such units shall be made available on a priority basis for rent or purchase, whichever the case may be, to persons and families of low or moderate income displaced by the Project; provided, however, that failure to give such priority shall not affect the validity of title to the real property upon which such housing units have been developed. 5. (535) Duration of Dwelling Unit Availability Unless otherwise permitted by law, the Agency shall require the aggregate number of dwelling units rehabilitated, developed or constructed pursuant to Sections 533 and 534 of this Plan to remain available at affordable housing cost to very low income, low income, and moderate income households for the longest feasible time, as determined by the Agency, but Diambaftedplan 17 05/13/97 for not less than the period of the residential land use controls established in Section X of this Plan. 6. (536) Relocation Housing If insufficient suitable housing units are available in the City for use by persons and families of low or moderate income displaced by a Project, the Agency may, to the extent of that deficiency, direct or cause the development, rehabilitation or construction of housing units within the City, both inside and outside the Project Area. 7. (537) Increased and Improved Sunnly Except as otherwise permitted by law, not less than twenty percent (20%) of all taxes which are allocated to the Agency pursuant to subdivision (b) of Section 33670 of the Redevelopment Law and Section 702(2) and (3) of this Plan shall be used by the Agency for the purposes of increasing, improving and preserving the City's supply of low and moderate income housing available at affordable housing cost as defined by Section 50052.5 of the California Health and Safety Code, to persons and families of low or moderate income, as defined in Section 50093 of the California Health and Safety Code, and very low income households, as defined in Section 50105 of the California Health and Safety Code, unless one or more applicable findings are made pursuant to the Redevelopment Law. The funds for this purpose shall be held in a separate Low and Moderate Income Housing Fund until used. Any interest earned by such Low and Moderate Income Housing Fund shall accrue to the Housing Fund. In implementing this Section 537 of the Plan, the Agency may exercise any or all of its powers including, but not limited to, the following: 1. Acquire real property or building sites. 2. Improve real property or building sites with on-site or off- site improvements. Donate real property to private or public persons or entities. 4. Finance insurance premiums. Construct buildings or structures. 6. Acquire buildings or structures. DiambarVedplan 18 05/13/97 7. Rehabilitate buildings or structures. 8. Provide subsidies to, or for the benefit of, very low income households, as defined by Section 50105 of the California Health and Safety Code, lower income households, as defined by Section 50079.5 of the California Health and Safety Code, or persons and families of low or moderate income, as defined by Section 50093 of the California Health and Safety Code, to the extent those households cannot obtain housing at affordable costs on the open market. Housing units available on the open market are those units developed without direct government subsidies. 9. Develop plans, pay principal and interest on bonds, loans, advances, or other indebtedness or pay financing or carrying charges. 10. Preserve the availability to lower income households of affordable housing units in housing developments which are assisted or subsidized by public entities and which are threatened with imminent conversion to market rates. The Agency may use these funds to meet, in whole or in part, the replacement housing provisions in Section 533 of this Plan. These funds may be used inside or outside the Project Area; however, these funds may be used outside the Project Area only if findings of benefit to the Project Area are made pursuant to the Redevelopment Law. 8. (538) Duration of Affordability Except as provided in Section 33334.3 of the Redevelopment Law, or as otherwise permitted by law, all new or substantially rehabilitated housing units developed or otherwise assisted with moneys from the Low and Moderate Income Housing Fund pursuant to an agreement approved by the Agency shall be required to remain available at affordable housing cost to persons and families of low or moderate income and very low income households for the longest feasible time, but for not less than the following periods of time: a. Fifteen years for rental units. However, the Agency may replace rental units with equally affordable and comparable rental units in another location within the City if (i) the replacement units are available for occupancy prior to the displacement of any persons and families of low or moderate income residing in the units to be replaced and (ii) the comparable replacement units are not developed with moneys from the Low and Moderate Income Housing Fund. Diambarlredplan 19 05/13/97 b. Ten years for owner -occupied units. However, the Agency may permit sales of owner -occupied units prior to the expiration of the 10 -year period for a price in excess of that otherwise permitted under this subdivision pursuant to an adopted program which protects the Agency's investment of moneys from the Low and Moderate Income Housing Fund. SECTION VI. (600) USES PERMITTED IN THE PROJECT AREA A. (60 1) Map and Uses Permitted The Map, attached hereto as Exhibit A and incorporated herein, illustrates the location of the Project Area boundaries, the immediately adjacent streets, and existing public rights-of-way. The land uses permitted by this Plan shall be those permitted by the General Plan and City zoning ordinances as they now exist or may hereafter be amended. B. (602) Major Land Uses (as now provided in the General Plan) Major land uses permitted within the Project Area shall include: Commercial, Industrial, Office, Parks/Schools/Public Facilities, Open Space, Vacant Land, and Residential. The areas shown on the plan maps may be used for any of the various kinds of uses specified for or permitted within such areas by the General Plan and zoning ordinances as they exist or are hereafter amended in the future. C. (603) Public Uses 1 (604) Public Street Layout, Rights -of -Way and Easements The public street system for the Project Area is illustrated on the Project Area Map identified as Exhibit A. The street system in the Project Area shall be developed in accordance with the Circulation Element of the General Plan. Primary streets in the Project Area include: Brea Canyon Road Colima Road Diamond Bar Boulevard Golden Springs Drive Grand Avenue Lemon Avenue Pathfinder Road DiambarVedplan 20 05/13/97 E. (607) Nonconforming Uses The Agency is authorized but not required to permit an existing use to remain in an existing building in good condition if the use does not conform to the provisions of this Plan, provided that such use is generally compatible with existing and proposed developments and uses in the Project Area. The Agency may, but is not required to, authorize additions, alterations, repairs or other improvements in the Project Area for uses which do not conform to the provisions of this Plan where, in the determination of the Agency, such improvements would be compatible with surrounding Project Area uses and proposed development. F. (608) Interim Uses Pending the ultimate development of land by developers and participants, the Agency is authorized to use or permit the use of any land in the Project Area for interim uses not in conformity with the uses permitted in this Plan. Such interim use, however, shall conform to all applicable sections of the City codes other than permitted uses. G. (609) General Controls and Limitations All real property in the Project Area is hereby made subject to the controls and requirements of this Plan. No real property shall be developed, redeveloped, rehabilitated, or otherwise changed after the date of the adoption of this Plan except in conformance with the goals and provisions of this Plan and all applicable City codes and ordinances. The land use controls of this Plan shall apply for the periods set forth in Section X below. The type, size, height, number and use of buildings within the Project Area will be controlled by the applicable City planning and zoning ordinances as they now exist or may hereafter be amended. 1. (610) New Construction All construction in the Project Area shall comply with all applicable State and local laws in effect from time to time. In addition to applicable City codes, ordinances, or other requirements governing development in the Project Area, additional specific performance and development standards may be adopted by the Agency to control and direct improvement activities in the Project Area. DiambarVedplan 22 05/13/97 2. (611) Rehabilitation Any existing structure within the Project Area which the Agency shall approve for retention and rehabilitation shall be repaired, altered, reconstructed, or rehabilitated in such a manner that it will meet the following requirements: be safe and sound in all physical respects, be attractive in appearance and not detrimental to the surrounding uses. 3. (612) Number of Dwelling The total number of dwelling units in the Project Area shall be regulated by the General Plan. As of the date of adoption of the Adopting Ordinance, there are two dwelling units in the Project Area. 4. (613) Open Space and Landscaping The approximate amount of open space to be provided in the Project Area is the total of all areas so designated in the Land Use Element of the General Plan and those areas in the public rights-of-way or provided through site coverage limitations on new development as established by the City and this Plan. Landscaping shall be developed in the Project Area to ensure optimum use of living plant material in conformance with the standards of the City. 5. (614) Limitations on Type, Size and Height of Buildings The limits on building intensity, type, size and height, shall be established in accordance with the provisions of the General Plan and the zoning ordinances, as they now exist or are hereafter amended. 6. (615) Si ns All signs shall conform to the City's requirements. Design of all proposed new signs shall be submitted prior to installation to the appropriate governing bodies of the City and/or the Agency for review and approval pursuant to the Municipal Code of the City and procedures permitted by this Plan. New signs must contribute to a reduction in sign blight. 7. (616) Utilities The Agency shall require that all utilities be placed underground whenever physically possible and economically feasible. Diambar\redplan 23 05/13/97 8. (617) Incompatible Uses No use or structure which is by reason of appearance, traffic, parking, smoke, glare, noise, odor, or similar factors incompatible with the surrounding areas, structures, or uses shall be permitted in any part of the Project Area, except as otherwise permitted by the City. 9. (618) Subdivision of Parcels No parcels in the Project Area, including any parcel retained by a participant, shall be consolidated, subdivided or re -subdivided without the approval of the City, and, if necessary for purposes of this Plan, the Agency. 10. (619) Minor Variations The Agency is authorized to permit minor variations from the limits, restrictions and controls established by this Plan. In order to permit any such variation, the Agency must determine all of the following: a. The application of certain provisions of this Plan would result in practical difficulties or unnecessary hardships inconsistent with the general purposes and intent of this Plan. b. There are exceptional circumstances or conditions applicable to the property or to the intended development of the property which do not apply generally to other properties having the same standards, restrictions, and controls. c. Permitting a variation will not be materially detrimental to the public welfare or injurious to property or improvements in the area. d. Permitting a variation will not be contrary to the objectives of this Plan. No such variation shall be granted which permits other than a minor departure from the provisions of this Plan. In permitting any such variation, the Agency shall impose such conditions as are necessary to protect the public health, safety, or welfare, and to assure compliance with the purposes of this Plan. Diambarlredplan 24 05/13/97 H. (620) Design for Development Within the limits, restrictions, and controls established in this Plan, and subject to the provisions of Sections 601 and 609 herein, the Agency is authorized to establish heights of buildings, land coverage, setback requirements, parking requirements, design criteria, traffic circulation, traffic access, and other development and design controls necessary for proper development of both private and public areas within the Project Area. No new improvement shall be constructed, and no existing improvement shall be substantially modified, altered, repaired, or rehabilitated except in accordance with this Plan and any such controls approved by the Agency. In the case of property which is the subject of a Disposition and Development Agreement or an Owner Participation Agreement with the Agency, such property shall be developed in accordance with the provisions of such Agreement. One of the objectives of this Plan is to create an attractive and pleasant environment in the Project Area. Therefore, such plans shall give consideration to good design, open space and other amenities to enhance the aesthetic quality of the Project Area. The Agency shall not approve any plans that do not comply with this Plan except as permitted by Section 619 of this Plan. I. (62 1) Building Permits Any building permit that is issued for the rehabilitation or construction of any new building or any addition, construction, moving, conversion or alteration to an existing building in the Project Area from the date of adoption of this Plan must be in conformance with the provisions of this Plan, any design for development adopted by the Agency, any restrictions or controls established by resolution of the Agency, and any applicable participation or other agreements. The Agency is authorized to establish permit procedures and approvals required for purposes of this Plan. A building permit shall be issued only after the applicant for same has been granted all approvals required by the City and the Agency at the time of application. Diambar\redplan 25 05/13/97 SECTION VII. (700) METHODS FOR FINANCING THE PROJECT A. (701) General Description of the Proposed Financing Methods Upon adoption of this Plan by the City Council, the Agency is authorized to finance implementation of this Plan with assistance from local sources, the State and/or the federal government, property tax increment, interest income, Agency bonds, donations, loans from private financial institutions or any other legally available source. The Agency is also authorized to obtain advances, borrow funds, issue bonds or other obligations, and create indebtedness in carrying out this Plan. The principal and interest on such indebtedness may be paid from tax increment revenue or any other funds available to the Agency. Advances and loans for survey and planning and for the operating capital for administration of this Plan may be provided by the City until adequate tax increment revenue or other funds are available to repay the advances and loans. The City or other public agency, as it is able, may also supply additional assistance through issuance of bonds, loans and grants and in- kind assistance. Any assistance shall be subject to terms established by an agreement between the Agency, City and/or other public agency providing such assistance. The Agency may issue bonds or other obligations and expend their proceeds to carry out this Plan. The Agency is authorized to issue bonds or other obligations as appropriate and feasible in an amount sufficient to finance all or any part of Plan implementation activities. The Agency shall pay the principal and interest on bonds or other obligations of the Agency as they become due and payable. B. (702) Tax Increment Revenue All taxes levied upon taxable property within the Project Area each year by or for the benefit of the State, County, City or other public corporation (hereinafter called "Taxing Agency" or "taxing agencies") after the effective date of the Adopting Ordinance, shall be divided as follows: 1. That portion of the taxes which would be produced by the rate upon which the tax is levied each year by or for each of said Taxing Agencies upon the total sum of the assessed value of the taxable property in the Project Area as shown upon the assessment roll used in connection with the taxation of such property by such Taxing Agency, last equalized prior to the effective date of the Adopting Ordinance, shall be allocated to and when collected shall be paid to the respective Taxing Agencies as taxes by or for said Taxing Agencies on all other property are paid (for the purpose of allocating taxes levied by or for any Taxing Agency or Agencies Diambar\redplan 26 05/13/97 which did not include the territory in the Project Area on the effective date of the Adopting Ordinance but to which such territory has been annexed or otherwise included after such effective date, the assessment roll of the County last equalized on the effective date of the Adopting Ordinance shall be used in determining the assessed valuation of the taxable property in the Project Area on said effective date). 2. That portion of said levied taxes each year in excess of such amount shall be allocated to, and when collected shall be paid into, a special fund of the Agency to pay the principal of and interest on loans, monies advanced to, or indebtedness (whether funded, refunded, assumed, or otherwise) incurred by the Agency to finance or refinance in whole or in part, the redevelopment project. Unless and until the total assessed valuation of the taxable property in the Project Area exceeds the total assessed value of the taxable property in the Project Area as shown by the last equalized assessment roll referred to in paragraph (1.) hereof, all of the taxes levied and collected upon the taxable property in the Project Area shall be paid to the respective Taxing Agencies. When said loans, advances, and indebtedness, if any, and interest thereon, have been paid, all monies thereafter received from taxes upon the taxable property in the Project Area shall be paid to the respective Taxing Agencies as taxes on all other property are paid. 3. That portion of the taxes in excess of the amount identified in paragraph (1.) above which is attributable to a tax rate levied by a Taxing Agency for the purpose of producing revenues in an amount sufficient to make annual repayments of the principal of and interest on any bonded indebtedness for the acquisition or improvement of real property shall be allocated to, and when collected shall be paid into, the fund of that Taxing Agency. This paragraph (3.) shall only apply to taxes levied to repay bonded indebtedness approved by the voters on or after January 1, 1989. The Agency is authorized to make pledges as to specific advances, loans and indebtedness as appropriate in carrying out the Project. The portion of taxes allocated and paid to the Agency pursuant to subparagraph (2.) above is irrevocably pledged to pay the principal of and interest on loans, monies advanced to, or indebtedness (whether funded, refunded, assumed, or otherwise) incurred by the Agency to finance or refinance, in whole or in part, the redevelopment program for the Project Area. DiambarVedplan 27 05/13/97 C. (703) Agency Bonds The Agency is authorized to issue bonds and other obligations from time to time, if it deems it appropriate to do so, in order to finance all or any part of Plan implementation activities. Neither the members of the Agency nor any persons executing the bonds are liable personally on the bonds or other obligations by reason of their issuance. The bonds and other obligations of the Agency are not a debt of the City or the State; nor are any of its political subdivisions liable for them; nor in any event shall the bonds or obligations be payable out of any funds or properties other than those of the Agency; and such bonds and other obligations shall so state on their face. The bonds and other obligations do not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction. The amount of bonded indebtedness, to be repaid in whole or in part from the allocation of taxes pursuant to Section 33670 of the Redevelopment Law, which can be outstanding at one time shall not exceed the limit as stated in Section 1004 of this Plan, except by amendment to this Plan. D. (704) Other Loans and Grants Any other loans, grants, guarantees or financial assistance from the federal government, the State, or any other public or private source will be utilized, if available, as appropriate in carrying out this Plan. In addition, the Agency may make loans as permitted by law to public or private entities for any of its redevelopment purposes. E. (705) Rehabilitation Loans, Grants, and Rebates The Agency and the City may commit funds from any source to rehabilitation programs for the purposes of loans, grants, or rebate payments for self -financed rehabilitation work. The rules and regulations for such programs shall be those which may already exist or which may be developed in the future. The Agency and the City shall seek to acquire grant funds and direct loan allocations from State and federal sources, as they may be available from time to time, for the carrying out of such programs. Diambaftedplan 28 05/13/97 SECTION VIII. (800) ACTIONS BY THE CITY The City shall aid and cooperate with the Agency in carrying out this Plan and shall take all reasonable actions necessary to ensure the continued fulfillment of the purposes of this Plan and to prevent the recurrence or spread in the Project Area of conditions of blight. Actions by the City may include, but shall not be limited to, the following: 1. Institution and completion of proceedings for opening, closing, vacating, widening, or changing the grades of streets, alleys, and other public rights-of-way, and for other necessary modifications of the streets, the street layout, and other public rights-of-way in the Project Area. Such action by the City shall include the requirement of abandonment and relocation by the public utility companies of their operations in public rights-of-way as appropriate to carry out this Plan, provided that nothing in this Plan shall be deemed to require the cost of such abandonment, removal, and relocation to be borne by others than those legally required to bear such costs. 2. Institution and completion of proceedings necessary for changes and improvements to publicly -owned parcels and utilities in the Project Area. 3. Performance of the above, and of all other functions and services relating to public health, safety, and physical development normally rendered in accordance with a schedule which will permit the redevelopment of the Project Area to be commenced and carried to completion without unnecessary delays. 4. Imposition, whenever necessary, of appropriate design controls within the limits of this Plan in the Project Area to ensure proper development and use of land. 5. Provisions for administration/enforcement of this Plan by the City after completion of development. 6. The undertaking and completion of any other proceedings necessary to carry out the Project. 7. The expenditure of any City funds in connection with redevelopment of the Project Area pursuant to this Plan. 8. Revision of the City zoning ordinance, adoption of specific plans or execution of statutory development agreements to permit the land uses and facilitate the development authorized by this Plan. Diambarlredplan 29 05/13/97 SECTION IX. (900) ADMINISTRATION AND ENFORCEMENT Upon adoption, the administration and enforcement of this Plan or other documents implementing this Plan shall be performed by the City and/or the Agency, as appropriate. The provisions of this Plan or other documents entered into pursuant to this Plan may also be enforced by litigation or similar proceedings by either the Agency or the City. Such remedies may include, but are not limited to, specific performance, damages, re- entry onto property, power of termination, or injunctions. In addition, any recorded provisions which are expressly for the benefit of owners of property in the Project Area may be enforced by such owners. SECTION X. (1000) PLAN LIMITATIONS A. (1001) Effectiveness of the Plan Except for the non-discrimination and non -segregation provisions which shall run in perpetuity, and except as otherwise provided herein, the provisions of this Plan shall be effective, and the provisions of other documents formulated pursuant to this Plan shall be effective for thirty (30) years from the effective date of adoption of the Adopting Ordinance approving this Plan. After the time limit on the effectiveness of the Plan has expired, the Agency shall have no authority to act pursuant to the Plan except to pay previously incurred indebtedness and to enforce existing covenants or contracts. However, if the Agency has not completed its housing obligations pursuant to Section 33413 of the Redevelopment Law, the Agency shall retain its authority to implement requirements under 33413, including the ability to incur and pay indebtedness for this purpose, and shall use this authority to complete these housing obligations as soon as is reasonably possible. B. (1002) Limitation on Incurring Debt The time limit on the establishing of loans, advances, and indebtedness to be paid with the proceeds of property taxes received pursuant to Section 33670 of the Redevelopment Law to finance in whole or in part the redevelopment project is twenty (20) years from the date of adoption of the Adopting Ordinance approving this Plan. This limit, however, shall not prevent the Agency from incurring debt to be paid from the Low and Moderate Income Housing Fund or establishing more debt in order to fulfill the Agency's housing obligations under Section 33413 of the Redevelopment Law. The loans, advances, or indebtedness may be repaid over a period of time longer than this time limit as provided herein. No loans, advances or indebtedness to be repaid from the allocation of taxes shall be established or incurred by the Agency beyond this time limitation. This limit shall not prevent the Agency from refinancing, refunding, or restructuring Diambarlredplan 30 05/13/97 aVIW Vauv iaaroua V ZISIHXa EXHIBIT B LEGAL DESCRIPTION EXHIBIT B DIAMOND BAR REDEVELOPMENT AGENCY DIAMOND BAR ECONOMIC REVITALIZATION AREA LEGAL DESCRIPTION ALL THOSE CERTAIN TRACTS AND PARCELS OF LAND SITUATED LYING AND BEING IN THE CITY OF DIAMOND BAR, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SECTION 29, TOWNSHIP 2 SOUTH, RANGE 9 WEST, SAN BERNARDINO BASE AND MERIDIAN, THENCE NORTHERLY ALONG THE WEST LINE OF SAID SECTION 29 N00'51'0711W, 574.63 FEET TO THE SOUTHERLY CORNER OF PARCEL 2 OF PARCEL MAP NO. 15513 AS SHOWN ON A MAP RECORDED IN BOOK 180, PAGES 26 THROUGH 30 OF PARCEL MAPS ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY; THENCE NORTHEASTERLY ALONG THE EASTERLY BOUNDARY OF SAID PARCEL THE FOLLOWING COURSES: N56.20'23"E, 140.44 FEET; THENCE N79'25'23"E, 329.61 FEET; THENCE N38'19'27"E, 133.61 FEET; THENCE N09°44'06"W, 328.23 FEET; THENCE N20'05'43"E, 87.31 FEET; THENCE N64'10'42"E, 154.70 FEET TO THE BOUNDARY OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN DIRECTORS DEED TO ARCIERO AND SONS, INC., RECORDED AS INSTRUMENT NO. 86-817906 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG SAID LAST MENTIONED BOUNDARY S75'49118"E, 184.43 FEET; THENCE N27'15120"E, 981.64 FEET TO A TANGENT CURVE CONCAVE NORTHWEST AND HAVING A RADIUS OF 2,970.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 03'10'54" AN ARC LENGTH OF 164.93 FEET TO A POINT ON A COMPOUND CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 720.00 FEET, A RADIAL THROUGH SAID POINT BEARS S65'53'34"E; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 23'28'09" AN ARC LENGTH OF 294.93 FEET TO A TANGENT LINE; THENCE ALONG SAID LINE N00'36117"E, 342.10 FEET; THENCE N01°45'0311E, 56.35 FEET TO A TANGENT CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 452.00 FEET; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 36°32'19" AN ARC LENGTH OF 288.25 FEET TO THE EASTERLY BOUNDARY OF SAID PARCEL 2; THENCE N47'36133"E, 27.22 FEET; THENCE NO3'18'53"W, 117.42 FEET; THENCE N86'41107"E, 17.86 FEET; THENCE N68°01'24"E, 70.79 FEET TO A POINT ON A NON - TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 13.00 FEET; THENCE NORTHERLY AND EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 97'52'30" AN ARC LENGTH OF 22.21 FEET TO A TANGENT LINE AND THE SOUTH RIGHT OF WAY LINE OF FALLOW FIELD DRIVE (64.00 FEET WIDE) ; THENCE ALONG SAID LINE N82 -34100"E, 58.59 FEET TO A TANGENT CURVE CONCAVE NORTH AND HAVING A RADIUS OF 782.00 FEET; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 08°57'39" AN ARC LENGTH OF 122.30 FEET TO A POINT ON THE EASTERLY LINE OF LOT 71 OF TRACT NO. 33104 AS PER MAP RECORDED IN BOOK 920, PAGES 1 THROUGH 6, RECORDS OF SAID COUNTY, A RADIAL THROUGH SAID POINT BEARS 516'23139"E; THENCE ALONG SAID EASTERLY LINE S22°59'40"E, 207.32 FEET TO THE SOUTHEASTERLY CORNER OF SAID LOT 71; THENCE ALONG THE EASTERLY LINE OF SAID TRACT NO. 33104 THE Doc:96010.LEG . 1 FOLLOWING COURSES: N53°24'50"E, 3.44 FEET; THENCE N53'26'06"E, 111.48 FEET; THENCE N48'54153"E, 419.75 FEET; THENCE N39°17'14"E, 550.11 FEET; THENCE N33°40'22"E, 150.00 FEET; THENCE N32°08'42"E, 300.11 FEET; THENCE N35'12'02"E, 300.11 FEET; THENCE N33'40'22"E, 564.00 FEET; THENCE N45'25'46"W, 3.29 FEET TO A POINT ON THE EASTERLY LINE OF SAID FALLOW FIELD DRIVE AND TRACT NO. 25988 AS PER MAP RECORDED IN BOOK 714, PAGES 83 AND 84, RECORDS OF SAID COUNTY; THENCE ALONG SAID LINE N33'18'22"E, 371.70 FEET TO A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 2,890.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 06'27'25" AN ARC LENGTH OF 325.69 FEET TO A POINT ON THE NORTHEASTERLY BOUNDARY OF SAID TRACT NO. 259881, A RADIAL THROUGH SAID POINT BEARS S63'09'03"E; THENCE ALONG THE SOUTHEASTERLY PROLONGATION OF SAID BOUNDARY S56'40'14"E, 4.13 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 2,886.00 FEET, A RADIAL THROUGH SAID POINT BEARS S63*01'05"E, SAID CURVE ALSO BEING ON THE WESTERLY LINE OF LAND CONVEYED TO THE STATE OF CALIFORNIA PER DEED RECORDED JULY 23, 1964 AS INSTRUMENT NO. 1276 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE NORTHERLY ALONG SAID WESTERLY LINE THE FOLLOWING COURSES: NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 03'22'03" AN ARC LENGTH OF 169.52 FEET; THENCE N13°31'22"W, 338.82 FEET; THENCE N16'26'51"E, 135.25 FEET; THENCE N49'33'07"E, 291.04 FEET; THENCE N21'32'37"W, 320.13 FEET; THENCE N15'40'27"W, 253.33 FEET; THENCE N01'51'44"E, 44.16 FEET; THENCE N40'09'39"E, 121.75 FEET; THENCE N01'30'09"E, 184.36 FEET; THENCE N28'53'22"E, 176.65 FEET; THENCE N15'05'59"W, 376.51 FEET; THENCE N35'58105"W, 143.37 FEET; THENCE N79'16'53"W, 136.25 FEET; THENCE N35'24'22"W, 65.16 FEET; THENCE N13'15'36"E, 145.79 FEET; THENCE N38'47115"W, 124.54 FEET; THENCE N69'25'16"W, 263.86 FEET; THENCE N87'05'10"W, 240.11 FEET; THENCE N17'05'38"W, 87.77 FEET TO A POINT ON THE SOUTHERLY LINE OF PATHFINDER ROAD; THENCE ALONG SAID LINE S81'10'29"W, 96.40 FEET TO A TANGENT CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 175.48 FEET; THENCE WEST ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 14'02'11" AN ARC LENGTH OF 42.99 FEET TO A TANGENT LINE; THENCE ALONG SAID LINE N84'47'20"W, 41.23 FEET TO A TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 159.48 FEET; THENCE WEST ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 14'02'11" AN ARC LENGTH OF Doc:96010.LEG 39.07 FEET TO A TANGENT LINE OF SAID SOUTH LINE OF PATHFINDER ROAD (80.00 FEET WIDE); THENCE ALONG SAID LINE S81°1012911W, 1,798.12 FEET TO A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 1,170.00 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04°02'50" AN ARC LENGTH OF 82.65 FEET TO A POINT ON A COMPOUND CURVE CONCAVE SOUTHEAST AND HAVING A RADIUS OF 13.00 FEET, A RADIAL THROUGH SAID POINT BEARS N12'52121"W; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 92°13'44" AN ARC LENGTH OF 20.93 FEET TO A POINT ON THE EAST LINE OF PEACEFUL HILLS ROAD (64.00 FEET WIDE) ; THENCE ALONG SAID LINE AND TANGENT TO SAID CURVE S15°06'05"E, 92.91 FEET TO A TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 448.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 12'03'41" AN ARC LENGTH OF 94.31 FEET TO A TANGENT LINE; THENCE ALONG SAID LINE S27°09146"E, 108.87 FEET TO A TANGENT CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 632.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 26°23'32" AN ARC LENGTH OF 291.12 FEET TO A POINT ON SAID CURVE, A RADIAL THROUGH SAID POINT BEARS N89°13146"E; THENCE ALONG SAID RADIAL S89°13'46"W, 64.00 FEET TO THE SOUTHEAST CORNER OF LOT 117 OF TRACT NO. 43162 AS PER MAP RECORDED IN BOOK 1046, PAGES 5 THROUGH 14, RECORDS OF SAID COUNTY; THENCE ALONG THE SOUTH LINE OF SAID LOT 117 N88°00'23"W, 848.85 FEET TO A POINT ON THE SOUTHERLY LINE OF PATHFINDER ROAD; THENCE N59"12156"W, 80.00 FEET TO A POINT ON A NON -TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 1,250.00 FEET, SAID CURVE ALSO BEING THE NORTHERLY LINE OF PATHFINDER ROAD; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 50°23'25" AN ARC LENGTH OF 1,099.35 FEET TO A TANGENT LINE; THENCE ALONG SAID LINE AND NORTHERLY LINE OF PATHFINDER ROAD N81°10'29"E, 1,196.02 FEET TO A POINT ON THE SOUTHERLY PROLONGATION OF THE EAST LINE OF SHADED WOOD ROAD (64.00 FEET WIDE); THENCE ALONG SAID PROLONGATION AND EAST LINE OF SAID ROAD N08'49'31"W, 378.33 FEET TO THE NORTHWEST CORNER OF LOT NO. 44 OF TRACT NO. 31053 AS PER MAP RECORDED IN BOOK 921, PAGES 21 THROUGH 27, RECORDS OF SAID COUNTY; THENCE ALONG THE NORTH LINE OF SAID LOT N81°10'29"E, 646.88 FEET; THENCE N51°46141"E, 269.45 FEET TO A POINT ON THE EASTERLY LINE OF LOT NO. 45 OF SAID TRACT NO. 31053; THENCE ALONG SAID EASTERLY LINE THE FOLLOWING FOUR (4) COURSES: N31'12'54"E, 121.59 FEET; THENCE N06'43'07"E, 188.29 FEET; THENCE N71°16'03"E, 177.41 FEET; THENCE NO2°34'44"E, 307.29 FEET TO THE NORTH LINE OF SAID LOT 45; THENCE ALONG SAID LINE S85°18151"W, 1,046.50 FEET TO THE SOUTHWESTERLY CORNER OF LOT 53 OF TRACT NO. 35742 AS PER MAP RECORDED IN BOOK 927, PAGES 23 THROUGH 27, RECORDS OF SAID COUNTY; THENCE ALONG THE SOUTHWESTERLY BOUNDARY OF SAID LOT 53 THE FOLLOWING COURSES: N04°41109"W, 92.70 FEET; THENCE N32°48'43"W, 243.12 FEET; THENCE S43°21'53"W, 176.78 FEET TO A POINT ON A NON -TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 332.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19 ° 58' 35" AN ARC LENGTH OF 115.75 FEET TO A POINT ON A NON -TANGENT LINE, A RADIAL THROUGH Doc:96010.LEG SAID POINT BEARS N23°23118"E; THENCE ALONG SAID RADIAL LINE N23°23'18"E, 160.00 FEET; THENCE N69°36115"W, 169.70 FEET TO A POINT ON THE SOUTHEASTERLY BOUNDARY LINE OF LOT 49 OF TRACT NO. 32576 AS PER MAP RECORDED IN BOOK 921, PAGES 28 THROUGH 31, RECORDS OF SAID COUNTY; THENCE ALONG THE SOUTHEASTERLY AND SOUTHERLY BOUNDARY OF SAID LOT 49 THE FOLLOWING COURSES: S79°33'45"W, 256.33 FEET; THENCE S51°56121"W, 244.42 FEET; THENCE S28°12'06"W, 203.58 FEET; THENCE S16°59127"W, 249.95 FEET; THENCE S89°18'03"W, 1,141.47 FEET TO THE WEST LINE OF SECTION 20, TOWNSHIP 2 SOUTH, RANGE 9 WEST, SAN BERNARDINO MERIDIAN; THENCE ALONG SAID WEST LINE N00°41'57"W, 1,234.71 FEET; THENCE N00°2315111W, 81.43 FEET TO THE NORTH LINE OF SAID SECTION 20; THENCE ALONG SAID LINE N89°51'17"E, 840.00 FEET TO THE SOUTHEASTERLY CORNER OF TRACT NO. 30893 AS PER MAP RECORDED IN BOOK 954, PAGES 16 THROUGH 19, RECORDS OF SAID COUNTY; THENCE ALONG THE EASTERLY BOUNDARY OF SAID TRACT N22°51'58"E, 710.00 FEET; THENCE N17°16106"W, 279.60 FEET; THENCE N10°05'54"E, 247.47 FEET TO THE MOST SOUTHWESTERLY CORNER OF TRACT NO. 33636 AS PER MAP RECORDED IN BOOK 904, PAGES 86 THROUGH 90, RECORDS OF SAID COUNTY; THENCE ALONG THE SOUTH LINE OF SAID TRACT N84°51'49"E, 146.61 FEET; THENCE S75'08111"E, 175.00 FEET; THENCE N73°53122"E, 784.95 FEET TO THE SOUTHWESTERLY CORNER OF TRACT NO. 32091 AS PER MAP RECORDED IN BOOK 897, PAGES 72 THROUGH 78, RECORDS OF SAID COUNTY; THENCE ALONG THE SOUTH LINE OF SAID TRACT N69°51'49"E, 400.06 FEET TO A POINT ON THE WESTERLY LINE OF TRACT NO. 33257 AS PER MAP RECORDED IN BOOK 918, PAGES 91 THROUGH 99, RECORDS OF SAID COUNTY; THENCE ALONG SAID LINE S31'34138"E, 155.87 FEET TO THE SOUTH LINE OF SAID TRACT; THENCE ALONG SAID LINE S79°30'23"E, 1,242.75 FEET TO THE WEST LINE OF BREA CANYON ROAD, SAID LINE BEING DISTANT WEST 40.00 FEET FROM THE CENTERLINE OF SAID ROAD; THENCE ALONG SAID LINE N13°55150"E, 95.72 FEET TO A TANGENT CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 1,460.00 FEET; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 27°33'00" AN ARC LENGTH OF 702.02 FEET TO A TANGENT LINE; THENCE ALONG SAID LINE N13°37'10"W, 761.51 FEET TO A TANGENT CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 1,460.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 03'04'24" AN ARC LENGTH OF 78.36 FEET TO THE SOUTHEAST CORNER OF LOT 135 OF SAID PREVIOUSLY MENTIONED TRACT NO. 33257, A RADIAL THROUGH SAID CORNER BEARS N73°18126"E; THENCE LEAVING SAID WESTERLY LINE OF BREA CANYON ROAD AND ALONG THE SOUTH LINE OF SAID LOT 135 S81°55'49"W, 561.90 FEET; THENCE S80°39'51"W, 135.28 FEET; THENCE S81°55149"W, 132.00 FEET TO THE WEST LINE OF SAID LOT; THENCE ALONG SAID LINE N07'30'55"W, 541.16 FEET TO THE SOUTHERLY LINE OF COLIMA ROAD (100.00 FEET WIDE); THENCE ALONG SAID LINE S80'4810311W, 942.52 FEET TO A TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 1,950.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 18'49'06" AN ARC LENGTH OF 640.46 FEET TO A TANGENT LINE; THENCE ALONG SAID LINE S61"58'57"W, 1,128.29 FEET TO A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 1,950.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 08°0423" Doc:96010.LEG AN ARC LENGTH OF 274.76 FEET TO A POINT ON THE WEST LINE OF SECTION 17, TOWNSHIP 2 SOUTH, RANGE 9 WEST, SAN BERNARDINO MERIDIAN, A RADIAL THROUGH SAID POINT BEARS N36°05126"W; THENCE ALONG SAID LINE N00'08'4411W, 376.88 FEET TO THE MOST SOUTHERLY CORNER OF C.N. EARL'S SUBDIVISION AS PER MAP RECORDED IN BOOK 42, PAGE 31, RECORDS OF SAID COUNTY; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID SUBDIVISION N38°59'33"W, 420.79 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF TRACT NO. 25391 AS PER MAP RECORDED IN BOOK 731, PAGES 93 THROUGH 96, RECORDS OF SAID COUNTY, SAID LINE ALSO BEING THE SOUTHERLY RIGHT OF WAY LINE OF STATE HIGHWAY ROUTE 60 (POMONA FREEWAY); THENCE ALONG SAID LINE S78°53128"W, 1,420.97 FEET TO THE INTERSECTION WITH THE FORMER WESTERLY LINE OF WALNUT DRIVE (40.00 FEET WIDE); THENCE ALONG SAID LINE N06°52'32"E, 220.84 FEET TO AN ANGLE POINT THEREON; THENCE N32°32157"E, 437.84 FEET TO A POINT ON THE SOUTHWESTERLY LINE OF PARCEL MAP NO. 8695 AS RECORDED IN PARCEL MAP BOOK 89, PAGE 52, RECORDS OF SAID COUNTY; THENCE ALONG SAID LINE AND ITS NORTHWESTERLY PROLONGATION N39'00'13"W, 767.75 FEET TO THE NORTHWESTERLY RIGHT OF WAY LINE OF THE LOS ANGELES AND SALT LAKE RAILROAD RIGHT OF WAY (100.00 FEET WIDE); THENCE ALONG SAID RIGHT OF WAY LINE N61°09'53"E, 518.89 FEET TO THE NORTHWESTERLY PROLONGATION OF THE NORTHEASTERLY LINE OF SAID PARCEL MAP; THENCE ALONG SAID PROLONGATION AND NORTHEASTERLY LINE S39°00113"E, 634.06 FEET TO THE NORTH LINE OF SAID WALNUT DRIVE; THENCE ALONG SAID LINE N47°47'57"E, 187.97 FEET; THENCE N52°10110"E, 348.14 FEET TO THE NORTHEASTERLY LINE OF PARCEL MAP NO. 59 AS RECORDED IN PARCEL MAP BOOK 60, PAGE 54, RECORDS OF SAID COUNTY; THENCE ALONG SAID LINE N39°00'13"W, 334.42 FEET TO THE NORTHWESTERLY LINE OF LOT 11 OF C.N. EARL'S SUBDIVISION; THENCE ALONG SAID LINE N52'10110"E, 620.73 FEET TO THE SOUTHEASTERLY LINE OF THE LOS ANGELES AND SALT LAKE RAILROAD RIGHT OF WAY (100.00 FEET WIDE); THENCE ALONG SAID RIGHT OF WAY LINE N61°09'53"E, 806.79 FEET; THENCE LEAVING SAID LINE S00°25'50"E, 328.90 FEET TO THE NORTH LINE OF LYCOMING STREET (60.00 FEET WIDE); THENCE ALONG SAID LINE N89'59'55"E, 1,300.94 FEET TO THE EAST LINE OF THE SWAN SUBDIVISION AS PER MAP RECORDED IN BOOK 3, PAGES 39 AND 40, RECORDS OF SAID COUNTY; THENCE ALONG SAID EAST LINE N00°05105"W, 1,038.50 FEET TO THE SOUTHEASTERLY RIGHT OF WAY LINE OF THE LOS ANGELES AND SALT LAKE RAILROAD RIGHT OF WAY (100.00 FEET WIDE); THENCE ALONG SAID LINE N62'59'55"E, 1,110.46 FEET TO THE CENTERLINE INTERSECTION OF BREA CANYON ROAD; THENCE CONTINUING ALONG SAID RIGHT OF WAY LINE N60°53'14"E, 700.37 FEET TO A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 2,914.93 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 01°02'13" AN ARC LENGTH OF 52.75 FEET TO A POINT ON THE EAST LINE OF PARCEL MAP NO. 16640 AS RECORDED IN PARCEL MAP BOOK 81, PAGES 74 AND 75, RECORDS OF SAID COUNTY, A RADIAL THROUGH SAID POINT BEARS S30'08 159"E; THENCE LEAVING SAID RIGHT OF WAY LINE AND ALONG SAID EAST LINE S00' 23' 05"E, 681.15 FEET TO THE SOUTH LINE OF WASHINGTON STREET (80.00 FEET WIDE); THENCE ALONG SAID LINE S89°36'55"W, 60.24 FEET TO A TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 1,460.00 FEET; THENCE WEST ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 03°48'43" AN ARC LENGTH OF 97.14 FEET TO A TANGENT LINE; THENCE ALONG SAID LINE S85°48112"W, 201.01 FEET TO Doc:96010.LEG 5 A TANGENT CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 1,540.00 FEET; THENCE WEST ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 03°48'43' AN ARC LENGTH OF 102.46 FEET TO A TANGENT LINE; THENCE ALONG SAID LINE S89°36'55"W, 123.00 FEET TO A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 27.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89 " 59' 25" AN ARC LENGTH OF 42.41 FEET TO A TANGENT LINE BEING THE EAST LINE OF BREA CANYON ROAD (100.00 FEET WIDE); THENCE ALONG SAID LINE S00°2213011E, 868.31 FEET TO A TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 1,450.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 05'21'59" AN ARC LENGTH OF 135.81 FEET TO A POINT ON THE SOUTH LINE OF LOT 11 OF TRACT NO. 27390 AS PER MAP RECORDED IN BOOK 824, PAGES 19 THROUGH 21, RECORDS OF SAID COUNTY, A RADIAL THROUGH SAID POINT BEARS S84°15'31"W; THENCE ALONG SAID SOUTH LINE N89°37'05"E, 181.64 FEET TO THE WEST LINE OF LOT 12 OF SAID TRACT; THENCE ALONG THE WEST LINE OF LOTS 12 AND 20 OF SAID TRACT AND THE SOUTHERLY PROLONGATION THEREOF S00'22'30"E, 269.00 FEET TO THE SOUTH LINE OF LYCOMING STREET (60.00 FEET WIDE); THENCE ALONG SAID LINE N89°37'05"E, 16.69 FEET TO THE WESTERLY BOUNDARY LINE OF TRACT NO. 33069 AS PER MAP RECORDED IN BOOK 924, PAGES 1 THROUGH 7, RECORDS OF SAID COUNTY; THENCE ALONG SAID LINE S33°53'51"E, 92.71 FEET TO A POINT ON THE SOUTHERLY LINE OF LOT 80 OF SAID TRACT, SAID POINT BEING ON A NONOTANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 267.50 FEET, A RADIAL THROUGH SAID POINT BEARS S35°15146"W; THENCE EASTERLY ALONG SAID CURVE AND SOUTHERLY LINE OF LOT 80 THROUGH A CENTRAL ANGLE OF 22°05'46" AN ARC LENGTH OF 103.16 FEET TO A TANGENT LINE; THENCE ALONG SAID LINE S76'50'00"E, 714.77 FEET TO A TANGENT CURVE CONCAVE NORTH AND HAVING A RADIUS OF 656.00 FEET; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 09'44'00" AN ARC LENGTH OF 111.44 FEET TO A TANGENT LINE; THENCE ALONG SAID LINE S86°34100"E, 558.13 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF STATE OF CALIFORNIA FREEWAY ROUTE 60 (POMONA FREEWAY); THENCE ALONG SAID RIGHT OF WAY LINE THE FOLLOWING COURSES: N77°14'39"E, 63.36 FEET; THENCE N82°20'09"E, 89.00 FEET; THENCE N84°46'38"E, 258.23 FEET; THENCE N86°35'50"E, 255.71 FEET; THENCE N80°00'02"E, 374.83 FEET; THENCE N87°46'35"E, 126.57 FEET; THENCE N82°42'01"E, 144.00 FEET; THENCE N84'48'07"E, 249.13 FEET; THENCE N45°58'54"E, 181.25 FEET; THENCE N48°03'03"E, 128.19 FEET; THENCE N51°11'42"E, 196.00 FEET; THENCE N60'52'03"E, 183.95 FEET; THENCE N65°23105"E, 95.73 FEET; THENCE N72'42'28"E, 217.25 FEET; THENCE N68°43111"E, 319.74 FEET; THENCE N64°32'26"E, 126.20 FEET; THENCE N60°02'39"E, 131.01 FEET; THENCE N52°12'30"E, 46.15 FEET; THENCE D00:96010.LEG 6 N66°53'27"E, 35.00 FEET; THENCE N47°27'03"E, 148.76 FEET TO A POINT ON A NON—TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 9,964.00 FEET, A RADIAL THROUGH SAID POINT BEARS S39°18108"E; THENCE NORTHEASTERLY ALONG SAID CURVE AND RIGHT OF WAY LINE THROUGH A CENTRAL ANGLE OF 10°40'56" AN ARC LENGTH OF 1,856.67 FEET TO A TANGENT LINE; THENCE ALONG SAID LINE N40°00'56"E, 607.44 FEET; THENCE N10'48116"W, 63.62 FEET TO A POINT ON THE WESTERLY BOUNDARY OF PARCEL MAP NO. 15625 AS PER MAP RECORDED IN PARCEL MAP BOOK 250, PAGES 5 THROUGH 7, RECORDS OF SAID COUNTY, THENCE ALONG THE BOUNDARY OF SAID PARCEL MAP S40°00'56"W, 30.23 FEET TO A POINT ON A NON—TANGENT CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 330.00 FEET, A RADIAL THROUGH SAID POINT BEARS S87°07116"E; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 14°34'43" AN ARC LENGTH OF 83.97 FEET TO A TANGENT LINE; THENCE ALONG SAID LINE N11°41'59"W, 457.01 FEET TO A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 270.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90°00'00" AN ARC LENGTH OF 424.12 FEET TO A TANGENT LINE; THENCE ALONG SAID LINE N78°18'01"E, 10.00 FEET TO A TANGENT CURVE CONCAVE SOUTHWEST AND HAVING A RADIUS OF 40.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90°00'00" AN ARC LENGTH OF 62.83 FEET TO A TANGENT LINE BEING THE WEST LINE OF GRAND AVENUE (100.00 FEET WIDE); THENCE ALONG SAID LINE S11°41159"E, 509.08 FEET TO A POINT ON THE ORIGINAL NORTHWESTERLY LINE OF BREA CANYON ROAD; THENCE LEAVING SAID BOUNDARY OF PARCEL MAP NO. 15625 AND ALONG SAID NORTHWESTERLY LINE N40°00'56"E, 1,580.56 FEET TO THE WEST LINE OF THE F.E. LEWIS CURRIER RANCH AS SHOWN ON RECORD OF SURVEY RECORDED IN BOOK 76, PAGES 51 THROUGH 56; THENCE ALONG SAID LINE N00°15'34"W, 30.17 FEET TO THE NORTHWESTERLY RIGHT OF WAY LINE OF STATE OF CALIFORNIA FREEWAY ROUTE 60 (POMONA FREEWAY); THENCE ALONG SAID RIGHT OF WAY THE FOLLOWING COURSES: N33°50'25"E, 1,810.09 FEET; THENCE N33°03'55"E, 506.36 FEET; THENCE N32°22'14"E, 77.94 FEET; THENCE N29°58'20"E, 244.69 FEET; THENCE N29°56'44"E, 123.65 FEET; THENCE N18°23'11"E, 60.52 FEET; THENCE N26°36'02"E, 180.00 FEET; THENCE N28°21'02"E, 127.60 FEET; THENCE N60°58'11"E, 45.98 FEET; THENCE N09°32'50"E, 80.01 FEET; THENCE N34°03'18"E, 165.54 FEET; THENCE N28°47'38"E, 143.00 FEET; THENCE N25°27'58"E, 101.00 FEET; THENCE N65°35'53"W, 8.17 FEET; THENCE N29°46'01"E, 180.07 FEET TO A POINT ON A NON -TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 2,428.00 FEET, A RADIAL THROUGH SAID POINT BEARS S67°23'10"E; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 12°24'11" AN ARC LENGTH TO A POINT ON A NON -TANGENT LINE, A RADIAL THROUGH SAID POINT BEARS S79°47121"E; THENCE CONTINUING ALONG SAID RIGHT OF WAY ALONG THE TION -TANGENT LINE THE FOLLOWING COURSES: Doc:96010.LEG N10°04104"E, 401.25 FEET; THENCE N06°45'42"E, 211.92 FEET; THENCE N16°45118"E, 59.23 FEET; THENCE N10°46'47"E, 627.96 FEET; THENCE N09°48144"W, 31.90 FEET; THENCE N13'59'34"E, 35.89 FEET; THENCE N16°03148"E, 306.31 FEET TO A POINT ON A THE SOUTHERLY LINE OF SUNSET CROSSING ROAD (80. 00 FEET WIDE) , SAID LINE ALSO BEING A NON- TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 1,106.97 FEET, A RADIAL THROUGH SAID POINT BEARS S29"20121"W; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 01027123" AN ARC LENGTH OF 31.36 FEET TO A TANGENT LINE; THENCE ALONG SAID LINE N59°02116"W, 261.77 FEET; THENCE AT RIGHT ANGLES TO SAID ROAD N30°57'44"E, 80.00 FEET; THENCE N42°40100"E, 50.19 FEET; THENCE N29°20'19"E, 136.74 FEET; THENCE N24°24142"E, 66.09 FEET; THENCE N31'11'33"E, 40.84 FEET TO THE COMMON BOUNDARY OF THE CITY OF DIAMOND BAR AND CITY OF POMONA; THENCE ALONG SAID BOUNDARY S51°20'35"E, 583.25 FEET TO A POINT ON THE WESTERLY LINE OF DIAMOND BAR BOULEVARD, SAID LINE ALSO BEING A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 10,064 FEET, A RADIAL THROUGH SAID POINT BEARS N69°17159"W; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00'39'10" AN ARC LENGTH OF 115.05 FEET TO A POINT ON A RADIAL LINE; THENCE ALONG SAID LINE S68°38141"E, 10.00 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 10,054.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 01'54'33" AN ARC LENGTH OF 335.01 FEET TO A RADIAL LINE; THENCE ALONG SAID LINE S66°44108"E, 10.00 FEET TO A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 10,044.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00'22'19" AN ARC LENGTH OF 65.20 FEET TO A POINT ON A RADIAL LINE; THENCE ALONG SAID LINE N66°21'49"W, 10.00 FEET TO A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 10,054.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 05°38'32" AN ARC LENGTH OF 990.07 FEET TO A TANGENT LINE; THENCE ALONG SAID LINE N29°16'43"E, 970.56 FEET TO A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 3,754.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 09°08'34" AN ARC LENGTH OF 599.03 FEET TO A RADIAL LINE; THENCE LEAVING SAID WESTERLY LINE OF DIAMOND BAR BOULEVARD AND ALONG SAID RADIAL LINE S51°34'43"E, 104.00 FEET TO A NON- TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 27.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 92°41'05" AN ARC LENGTH OF 43.68 FEET TO A TANGENT LINE AND THE NORTH LINE OF HIGHLAND VALLEY ROAD (64.00 FEET WIDE); THENCE ALONG SAID LINE S54°15'54"E, 71.18 FEET TO A TANGENT CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 853.00 FEET, THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 18°17'11" AN ARC LENGTH OF 272.24 FEET TO A RADIAL LINE; THENCE LEAVING SAID NORTH LINE AND ALONG SAID RADIAL LINE S17°26'55"W, 64.00 FEET TO THE NORTHEASTERLY CORNER OF LOT 18 OF TRACT NO. 34803 AS PER MAP RECORDED IN BOOK 925, PAGES 14 THROUGH 16, RECORDS OF SAID COUNTY; THENCE ALONG THE EASTERLY LINE OF SAID LOT S29°16'28"W, 563.73 FEET TO A POINT ON Doc:96010.LEG 8 THE NORTHERLY LINE OF LOT 17 OF SAID TRACT; THENCE ALONG SAID LINE S60°43132"E, 292.29 FEET TO A POINT ON THE EASTERLY BOUNDARY LINE OF SAID TRACT NO. 34803; THENCE ALONG SAID BOUNDARY THE FOLLOWING COURSES: S67°41138"W, 1.27 FEET; THENCE S72°47'02"W, 148.66 FEET; THENCE 556'10109"W, 226.32 FEET; THENCE S41°51'18"W, 257.77 FEET; THENCE 529'49'18"W, 370.00 FEET; THENCE S30°56'17"W, 381.24 FEET; THENCE S27°24'43"W, 311.31 FEET; THENCE S60°53119"E, 30.00 FEET; THENCE S29'0614111W, 39.32 FEET TO THE NORTHEASTERLY CORNER OF TRACT NO. 28853 AS PER MAP RECORDED IN BOOK 772, PAGES 12 AND 13, RECORDS OF SAID COUNTY; THENCE ALONG THE EASTERLY BOUNDARY OF SAID TRACT THE FOLLOWING COURSES: S29'06'41"W, 46.68 FEET; THENCE S45°00'00"W, 30.00 FEET; THENCE S29'00100"W, 38.00 FEET; THENCE S06°00100"E, 36.00 FEET; THENCE S34°11101"E, 93.40 FEET TO A POINT ON THE WESTERLY LINE OF SUNSET CROSSING ROAD, A RADIAL LINE THROUGH SAID POINT BEARS S47°53119"E; THENCE ALONG SAID RADIAL LINE S47°53'19"E, 64.00 FEET TO A POINT ON THE EASTERLY LINE OF SAID SUNSET CROSSING ROAD, SAID LINE ALSO BEING A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 532.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 06°43'56" AN ARC LENGTH OF 62.51 FEET TO A TANGENT LINE; THENCE ALONG SAID LINE S48'50'37"W, 494.03 FEET TO A TANGENT CURVE CONCAVE NORTH AND HAVING A RADIUS OF 382.00 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 40°12'22" AN ARC LENGTH OF 268.06 FEET TO A POINT ON THE WESTERLY LINE OF TRACT NO. 28305 AS PER MAP RECORDED IN BOOK 817, PAGES 8 THROUGH 12, RECORDS OF SAID COUNTY; THENCE ALONG SAID LINE S00°5710111E, 291.44 FEET TO THE BOUNDARY LINE OF TRACT NO. 27530 AS PER MAP RECORDED IN BOOK 714, PAGES 76 THROUGH 80, RECORDS OF SAID COUNTY; THENCE ALONG SAID BOUNDARY THE FOLLOWING COURSES: S41°12'39"W, 293.12 FEET; THENCE 517'25'23"W, 81.67 FEET; THENCE 501'54'41"W, 160.95 FEET; THENCE S18°46'00"E, 80.74 FEET; THENCE S35°14'08"E, 160.46 FEET; THENCE S60°04'40"E, 160.38 FEET; THENCE N86°21'43"E, 173.35 FEET; THENCE N74°40'43"E, 227.07 FEET TO THE NORTH RIGHT OF WAY LINE OF STATE OF CALIFORNIA FREEWAY ROUTE 60 (POMONA FREEWAY); THENCE ALONG SAID RIGHT OF WAY THE FOLLOWING COURSES: N71°25'51"E, 135.03 FEET; THENCE N76'40'58"E, 599.11 FEET; THENCE N70°06'53"E, 649.74 FEET; THENCE N82°55'00"E, 437.14 FEET; THENCE N74"12'38"E, 389.91 FEET; THENCE N67°59'47"E, 736.66 FEET; THENCE Doc:96010.LEG N77°38'22"E, 406.42 FEET; THENCE N83°51'46"E, 187.07 FEET; THENCE N88°06'24"E, 121.07 FEET; THENCE N84°33'35"E, 147.67 FEET; THENCE N82'15100"E, 122.14 FEET TO A POINT ON THE WEST LINE OF GOLDEN SPRINGS DRIVE (80.00 FEET WIDE), BEING A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 1,760.00 FEET, A RADIAL THROUGH SAID POINT BEARS S85°45129"E; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 13°15'11" AN ARC LENGTH OF 407.10 FEET TO A RADIAL LINE; THENCE ALONG SAID RADIAL LINE N80°59120"E, 80.00 FEET TO A NON- TANGENT CURVE CONCAVE NORTHEAST AND HAVING A RADIUS OF 13.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 88°36'30" AN ARC LENGTH OF 20.11 FEET TO A TANGENT LINE BEING THE NORTH LINE OF SYLVAN GLEN ROAD (64.00 FEET WIDE); THENCE ALONG SAID LINE N82°22'50"E, 510.07 FEET TO A TANGENT CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 468.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 37'09'50" AN ARC LENGTH OF 303.56 FEET TO A RADIAL LINE; THENCE ALONG SAID LINE S44°47'00"E, 64.00 FEET TO A NORTHERLY CORNER OF LOT 8 OF TRACT NO. 43756 AS PER MAP RECORDED IN BOOK 1076, PAGES 61 THROUGH 63, RECORDS OF SAID COUNTY; THENCE ALONG THE BOUNDARY OF SAID LOT 8 THE FOLLOWING COURSES: S25°35'00"E, 72.00 FEET; THENCE 545'15'00"E, 473.25 FEET; THENCE N53°05'00"E, 176.21 FEET; THENCE SO4°29'11"E, 224.56 FEET; THENCE S22°39'25"E, 326.00 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF STATE OF CALIFORNIA FREEWAY ROUTE 60 (POMONA FREEWAY); THENCE S22°04'53"W, 370.09 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF SAID ROUTE 60; THENCE ALONG SAID RIGHT OF WAY LINE THE FOLLOWING COURSES: N67°55'07"W, 113.20 FEET; THENCE S59°16116"W, 76.28 FEET; THENCE N36'59'18"W, 68.37 FEET; THENCE N71°35'29"W, 386.12 FEET; THENCE S89'29157"W, 336.15 FEET TO A POINT ON THE EASTERLY LINE OF THAT CERTAIN EASEMENT FOR STORM DRAIN PURPOSES LYING OVER LOT 51 OF TRACT NO. 42584 AS PER MAP RECORDED IN BOOK 1024, PAGES 6 THROUGH 14, RECORDS OF SAID COUNTY; THENCE ALONG SAID EAST LINE S23°51'02"E, 186.97 FEET; THENCE 565'2911611E, 38.00 FEET; THENCE S24°30'44"W, 27.00 FEET; THENCE S20°29116"E, 129.00 FEET TO A POINT ON THE NORTHERLY LINE OF ARMITOS PLACE (60.00 FEET WIDE), ALSO BEING A CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 528.00 FEET, A RADIAL THROUGH SAID POINT BEARS N07'47101"W; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 35°01138" AN ARC LENGTH OF 322.74 FEET TO THE SOUTHWEST CORNER OF LOT 66 OF SAID TRACT NO. 42584, A RADIAL THROUGH SAID CORNER BEARS N27°14137"E; THENCE ALONG THE BOUNDARY OF SAID LOT N56°51'28"E, 118.77 FEET; THENCE S83°07'57"E, 152.13 FEET; THENCE S12°19120"W, 209.79 FEET TO A POINT ON THE SOUTH LINE OF SAID ARMITOS PLACE; THENCE ALONG SAID LINE N77°40'40"W, 29.91 FEET TO A TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 382.00 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19 ° 04' 10" AN ARC LENGTH Doc:96010.LEG 10 OF 127.14 FEET TO A TANGENT LINE; THENCE ALONG SAID LINE N58°36'30"W, 66.80 FEET TO A TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 468.00 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 31°01'36" AN ARC LENGTH OF 416.79 FEET TO A POINT ON A COMPOUND CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 318.00 FEET, A RADIAL THROUGH SAID POINT BEARS N19°38106"W; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11°15'44" AN ARC LENGTH OF 62.51 FEET TO A RADIAL LINE; THENCE ALONG SAID LINE N30°53'49"W, 60.00 FEET TO THE SOUTHEASTERLY CORNER OF LOT 53 OF TRACT NO. 29889 AS PER MAP RECORDED IN BOOK 738, PAGES 45 THROUGH 49, RECORDS OF SAID COUNTY; THENCE ALONG THE NORTHEASTERLY LINE OF SAID LOT N43'19'57"W, 137.00 FEET TO A POINT ON A NON -TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 1,480.00 FEET, A RADIAL THROUGH SAID POINT BEARS S60 -57100"E; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04°15115" AN ARC LENGTH OF 109.89 FEET TO A POINT ON THE NORTHEASTERLY LINE OF CARPIO DRIVE (56.00 FEET WIDE), A RADIAL THROUGH SAID POINT BEARS 556'41'45"E; THENCE S42'07125"W, 56.00 FEET TO A POINT ON THE SOUTHWESTERLY LINE OF SAID CARPIO DRIVE, SAID LINE ALSO BEING A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 322.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 07°52'25" AN ARC LENGTH OF 44.25 FEET TO A TANGENT LINE; THENCE ALONG SAID LINE N55°45100"W, 164.11 FEET TO A TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 25.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 87°35156" AN ARC LENGTH OF 38.22 FEET TO A POINT ON A REVERSE CURVE CONCAVE NORTHWEST AND HAVING A RADIUS OF 1,240.00 FEET, SAID CURVE ALSO BEING THE SOUTHERLY RIGHT OF WAY LINE OF GOLDEN SPRINGS DRIVE (80.00 FEET WIDE); THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 22'10'32" AN ARC LENGTH OF 479.93 FEET TO A TANGENT LINE; THENCE CONTINUING ALONG SAID RIGHT OF WAY LINE THE FOLLOWING EIGHT (8) COURSES: S58"49136"W, 1,874.68 FEET TO A TANGENT CURVE CONCAVE NORTHWEST AND HAVING A RADIUS OF 1,790.00 FEET; THENCE SOUTHWEST ALONG SAID CURVE THROUGH.A CENTRAL ANGLE OF 10'00'24" AN ARC LENGTH OF 312.62 FEET TO A TANGENT LINE; THENCE ALONG SAID LINE S68°58'00"W, 401.24 FEET TO A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 535.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 43'43'00" AN ARC LENGTH OF 408.20 FEET TO A TANGENT LINE; THENCE ALONG SAID LINE S25°07'00"W, 400.61 FEET TO A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 1,040.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 31°33'00" AN ARC LENGTH OF 572.68 FEET TO A TANGENT LINE; THENCE ALONG SAID LINE S56°40'00"W, 31.26 FEET TO A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 25.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90 ° 00' 00" AN ARC LENGTH OF 39.27 FEET TO A TANGENT LINE BEING THE EASTERLY LINE OF DIAMOND BAR BOULEVARD (120.00 FEET WIDE); THENCE ALONG SAID LINE S33°20'00"E, 166.63 FEET TO A TANGENT CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 2,560.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 47°30100" AN ARC LENGTH OF 2,122.22 FEET TO A TANGENT LINE; THENCE ALONG SAID LINE Doc:960I0.LEG 11 514'10'00"W, 500.00 FEET; THENCE AT RIGHT ANGLES TO SAID LAST MENTIONED COURSE N75'5010011W, 10.00 FEET TO A POINT ON SAID EASTERLY LINE OF DIAMOND BAR BOULEVARD (100.00 FEET WIDE); THENCE ALONG SAID LINE S14°10'00"W, 289.10 FEET TO A TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 3,950.00 FEET; THENCE SOUTH ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00°26113" AN ARC LENGTH OF 30.13 FEET TO THE NORTHWEST CORNER OF LOT 6 OF TRACT NO. 31479 AS PER MAP RECORDED IN BOOK 998, PAGES 7 THROUGH 17, RECORDS OF SAID COUNTY, A RADIAL THROUGH SAID CORNER BEARS N76°16113"W, THENCE ALONG THE PERIMETER OF SAID LOT 6 THE FOLLOWING COURSES: N76°56114"E, 489.34 FEET; THENCE N72°3015611E, 419.38 FEET; THENCE N85°19'28"E, 269.90 FEET; THENCE S43"32159"E, 335.28 FEET; THENCE N44°52111"E, 558.76 FEET; THENCE N17°57118"W, 203.41 FEET; THENCE N46°22114"E, 73.91 FEET; THENCE N86'33'59"E, 100.18 FEET; THENCE N73°24'29"E, 233.38 FEET; THENCE N55'17'12"E, 250.86 FEET; THENCE S29°41'31"E, 81.44 FEET; THENCE 560'18'29"W, 48.03 FEET; THENCE S29°4113111E, 81.12 FEET; THENCE S45'05'04"W, 351.24 FEET; THENCE 512'33'42"E, 476.39 FEET; THENCE S60'32'19"W, 75.23 FEET; THENCE N80°55131"W, 291.65 FEET; THENCE S22°22101"W, 235.20 FEET; THENCE S27°37128"W, 155.80 FEET; THENCE S11°42'37"W, 163.87 FEET; THENCE S31'54'18"W, 302.74 FEET; THENCE SOUTH 143.00 FEET; THENCE WEST 300.00 FEET; THENCE SOUTH 200.00 FEET; THENCE WEST 270.00 FEET; THENCE NORTH 220.00 FEET; THENCE N76'27159"W, 442.28 FEET; THENCE 570'15'52"W, 424.96 FEET; THENCE WEST 200.11 FEET TO THE EASTERLY LINE OF SAID DIAMOND BAR BOULEVARD (100.00 FEET WIDE); THENCE ALONG SAID LINE S02'43'00"W, 170.81 FEET TO A TANGENT CURVE CONCAVE WEST AND HAVING A RADIUS OF 3,050.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 22°22'40" AN ARC LENGTH OF 1,191.23 FEET TO A TANGENT LINE; THENCE ALONG SAID LINE S25°05'40"W, 398.85 FEET TO A TANGENT CURVE CONCAVE NORTHEAST AND HAVING A RADIUS OF 13.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 85'00'00" AN ARC LENGTH OF 19.29 FEET TO A TANGENT LINE BEING THE NORTHERLY LINE' OF CLEAR CREEK CANYON DRIVE (64.00 FEET WIDE); THENCE ALONG SAID LINE S59'54'20"E, 21.75 FEET TO A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 382.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 41°54'20" AN ARC LENGTH OF 279.39 FEET TO A POINT ON A REVERSE CURVE CONCAVE Doc:96010.LEG 12 NORTHEASTERLY AND HAVING A RADIUS OF 318.00 FEET, A RADIAL THROUGH SAID POINT BEARS N72°0010011E; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 48°03'55" AN ARC LENGTH OF 266.77 FEET TO A RADIAL LINE; THENCE ALONG SAID RADIAL LINE S23°5610511W, 64.00 FEET TO THE WESTERLY BOUNDARY LINE OF TRACT NO. 35026 AS PER MAP RECORDED IN BOOK 919, PAGES 31 THROUGH 37, RECORDS OF SAID COUNTY; THENCE ALONG SAID BOUNDARY LINE S01°23'55"W, 65.74 FEET; THENCE S13°14'47"W, 62.82 FEET; THENCE S25°05140"W, 577.06 FEET TO THE NORTHERLY LINE OF GRAND AVENUE (100.00 FEET WIDE); THENCE ALONG SAID LINE AND THE SOUTHERLY LINE OF SAID TRACT NO. 35026 S64°54120"E, 641.47 FEET TO A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 1,250.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 13'59'57" AN ARC LENGTH OF 305.42 FEET TO A TANGENT LINE; THENCE ALONG SAID LINE S50°54123"E, 897.74 FEET TO A TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 1,150.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 26°03'04" AN ARC LENGTH OF 522.88 FEET TO A TANGENT LINE; THENCE ALONG SAID LINE S76°57'27"E, 741.37 FEET TO THE WEST LINE OF LOT 3 IN TRACT NO. 31479 AS PER MAP RECORDED IN BOOK 998, PAGES 7 THROUGH 17, RECORDS OF SAID COUNTY; THENCE ALONG SAID LINE N24°04'29"E, 320.00 FEET; THENCE N06°03'21"W, 728.03 FEET TO THE NORTHERLY LINE OF SAID LOT; THENCE ALONG SAID LINE N76°55106"E, 1,135.47 FEET TO THE WESTERLY CORNER OF LOT 51 OF TRACT NO. 42560 AS PER MAP RECORDED IN BOOK 1040, PAGES 70 THROUGH 75, RECORDS OF SAID COUNTY; THENCE ALONG THE PERIMETER OF SAID LOT 51 N45'48'25"E, 150.63 FEET; THENCE 587'47'51"E, 130.10 FEET; THENCE S48°18'19"E, 131.04 FEET; THENCE S50°36146"E, 50.00 FEET TO THE EASTERLY LINE OF SUMMIT RIDGE DRIVE BEING A VARIABLE WIDTH FROM 60.00 FEET TO 70.00 FEET, SAID EASTERLY LINE BEING A CURVE CONCAVE EAST AND HAVING A RADIUS OF 668.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 23°01134" AN ARC LENGTH OF 268.46 FEET TO A TANGENT LINE; THENCE ALONG SAID LINE S16°21'40"W, 105.08 FEET TO A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 532.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 42°37'20" AN ARC LENGTH OF 395.75 FEET TO A TANGENT LINE; THENCE ALONG SAID LINE S58°59100"W, 176.43 FEET TO A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 468.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 49°48'01" AN ARC LENGTH OF 406.73 FEET TO A POINT ON A COMPOUND CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 282.19 FEET, A RADIAL THROUGH SAID POINT BEARS S80°49101"W; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 17'27'10" AN ARC LENGTH OF 85.96 FEET TO A POINT ON A REVERSE CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 539.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 07' 43' 34" AN ARC LENGTH OF 72.69 FEET TO A RADIAL LINE; THENCE ALONG SAID RADIAL LINE S89°27'23"W, 4.00 FEET TO A POINT ON A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 535.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 13°35'10" AN ARC LENGTH OF 126.86 FEET TO A TANGENT LINE; THENCE ALONG SAID LINE S13°02'33"W, 66.52 FEET TO A TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 13.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90°00100" Doc:96010.LEG 13 AN ARC LENGTH OF 20.42 FEET TO A POINT ON THE NORTH LINE OF GRAND AVENUE (100.00 FEET WIDE); THENCE AT RIGHT ANGLES TO SAID LINE S13°02'33"W, 100.00 FEET TO THE SOUTH LINE OF SAID GRAND AVENUE; THENCE ALONG SAID LINE N76°57'27"W, 1,522.67 FEET TO A TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 1,250.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 26°03'04" AN ARC LENGTH OF 568.35 FEET TO A TANGENT LINE; THENCE ALONG SAID LINE N50'54123"W, 897.74 FEET TO A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 1,150.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 13'59'57" AN ARC LENGTH OF 280.98 FEET TO A TANGENT LINE; THENCE ALONG SAID LINE N64'54120"W, 641.47 FEET TO THE SOUTHEASTERLY LINE OF PARCEL MAP NO. 14429 AS PER MAP RECORDED IN BOOK 98, PAGE 76 OF PARCEL MAPS, RECORDS OF SAID COUNTY; THENCE ALONG SAID LINE 525'0514011W, 330.00 FEET TO THE SOUTHWESTERLY LINE OF SAID PARCEL MAP; THENCE ALONG SAID LINE N64'54'20"W, 660.50 FEET TO THE EASTERLY LINE OF DIAMOND BAR BOULEVARD (120.00 FEET WIDE); THENCE ALONG SAID LINE 525'15145"W, 1,557.98 FEET TO A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 6,060.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 25'03'15" AN ARC LENGTH OF 2,649.90 FEET TO A TANGENT LINE; THENCE ALONG SAID LINE 550'09'00"E, 2,850.97 FEET TO A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 5,940.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 15'28'22" AN ARC LENGTH OF 1,604.10 FEET TO A POINT ON A TANGENT; THENCE ALONG SAID LINE AND CONTINUING ALONG SAID EASTERLY LINE OF DIAMOND BAR BOULEVARD S34°40138"W, 1,351.31 FEET; THENCE AT RIGHT ANGLES TO SAID LINE N55' 19' 22"W, 10.00 FEET TO A POINT ON SAID EASTERLY LINE OF DIAMOND BAR BOULEVARD (100.00 FEET WIDE) AND BEING A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 6,050.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 06'06140" AN ARC LENGTH OF 645.29 FEET TO A TANGENT LINE; THENCE ALONG SAID LINE S40'47'18"W, 1,347.81 FEET TO A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 5,950.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 07'28156" AN ARC LENGTH OF 777.01 FEET TO A TANGENT LINE; THENCE ALONG SAID LINE S33'18'22"W, 1,000.08 FEET TO A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 2,051.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 28' 34' 19" AN ARC LENGTH OF 1,022.78 FEET TO A POINT ON THE WESTERLY BOUNDARY LINE OF TRACT NO. 32974 AS PER MAP RECORDED IN BOOK 873, PAGES 50 THROUGH 56, RECORDS OF SAID COUNTY, A RADIAL THROUGH SAID POINT BEARS 528'07'19"E; THENCE ALONG SAID WESTERLY LINE S28'06'35"E, 568.67 FEET TO AN ANGLE POINT IN SAID BOUNDARY; THENCE CONTINUING ALONG SAID BOUNDARY AND THE NORTHWESTERLY BOUNDARY LINE OF TRACT NO. 34160 AS PER MAP RECORDED IN BOOK 900, PAGES 20 THROUGH 25, RECORDS OF SAID COUNTY S48°00'28"W, 979.86 FEET TO AN ANGLE POINT; THENCE S56°00'28"W, 389.80 FEET TO AN ANGLE POINT; THENCE N33'59'32"W, 40.00 FEET TO A POINT ON A NON -TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 40.00 FEET, SAID CURVE BEING THE CUL-DE-SAC CURVE FOR PASADO DRIVE AS SAID STREET IS SHOWN ON TRACT NO. 25989 AS PER MAP RECORDED IN BOOK 714, PAGES 5 THROUGH 7, Doc:96010.LEG 14 RECORDS OF SAID COUNTY; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 180°00'28" AN ARC LENGTH OF 125.67 FEET TO A POINT ON THE NORTHERLY LINE OF SAID TRACT, A RADIAL THROUGH SAID POINT BEARS N34'00'00"W; THENCE ALONG SAID NORTHERLY LINE N71°00'13"W, 580.00 FEET TO AN ANGLE POINT THEREON; THENCE N59°18'42"W, 235.80 FEET TO THE EASTERLY LINE OF THE BREA CANYON CHANNEL (50.00 FEET WIDE) AS SHOWN ON TRACT NO. 27577 AS PER MAP RECORDED IN BOOK 702, PAGES 22 THROUGH 25, RECORDS OF SAID COUNTY; THENCE ALONG SAID LINE S30°41'18"W, 96.06 FEET; THENCE AT RIGHT ANGLES TO SAID LINE N59°18'42"W, 50.00 FEET TO THE NORTHERLY LINE OF LOT 39 OF SAID TRACT NO. 27577; THENCE ALONG SAID LINE N45' 57' 52 "W, 91.07 FEET TO A POINT ON A CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 35.00 FEET, SAID CURVE BEING THE CUL-DE-SAC CURVE FOR CASTLE ROCK ROAD; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 182'47'21" AN ARC LENGTH OF 111.16 FEET TO THE NORTHERLY LINE OF LOT 40 OF SAID TRACT NO. 27577; THENCE ALONG SAID LINE N32°09'07"W, 12.63 FEET TO A POINT ON THE EASTERLY LINE OF BREA CANYON ROAD (80.00 FEET WIDE); THENCE ALONG SAID LINE S57°30'53"W, 267.48 FEET TO A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 961.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 29'17138" AN ARC LENGTH OF 491.34 FEET TO A TANGENT LINE AND WHERE THE ROAD IS NOW 103.00 FEET WIDE; THENCE ALONG SAID TANGENT LINE S28°33'03"W, 940.84 FEET TO A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 5,064.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 09°11'12" AN ARC LENGTH OF 812.01 FEET TO A POINT ON A COMPOUND CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 2,053.00 FEET, A RADIAL THROUGH SAID POINT BEARS S52°15145"E; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00 ° 49' 57" AN ARC LENGTH OF 29.83 FEET TO A POINT ON A REVERSE CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 15.00 FEET, A RADIAL THROUGH SAID POINT BEARS N51°25'48"W; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 17°45'53" AN ARC LENGTH OF 4.65 FEET TO A TANGENT LINE; THENCE ALONG SAID LINE S20°4811911W, 123.60 FEET TO A POINT ON A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 2,095.00 FEET, A RADIAL THROUGH SAID POINT BEARS S48°04149"E; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 02 ° 32' 55" AN ARC LENGTH OF 93.19 FEET TO A POINT ON THE SOUTH LINE OF SAID PREVIOUSLY MENTIONED SECTION 29, A RADIAL THROUGH SAID POINT BEARS S45'31154"E; THENCE ALONG SAID SECTION LINE S88°19117"W, 403.27 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE FOLLOWING NINE (9) EXCEPTIONS: EXCEPTION NO. 1: BEGINNING AT THE CENTERLINE INTERSECTION OF DIAMOND BAR BOULEVARD AND PATHFINDER ROAD; THENCE ALONG THE CENTERLINE OF SAID DIAMOND BAR BOULEVARD S34°40'38"W, 91.14 FEET; THENCE AT RIGHT ANGLES TO SAID CENTERLINE N55°19'22"W, 60.00 FEET TO A POINT ON THE WESTERLY LINE OF DIAMOND BAR BOULEVARD (120.00 FEET WIDE), SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE ALONG SAID LINE Doc:96010.LEG 15 S34'40'38"W, 886.35 FEET; THENCE S55'19122"E, 10.00 FEET TO A POINT ON A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 5,950.00 FEET, SAID CURVE ALSO BEING THE WESTERLY LINE OF SAID DIAMOND BAR BOULEVARD (100.00 FEET WIDE); THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 06°06'40" AN ARC LENGTH OF 634.62 FEET TO A TANGENT LINE; THENCE ALONG SAID LINE S40°4711811W, 992.81 FEET TO A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 25.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90°00'00" AN ARC LENGTH OF 39.27 FEET TO A TANGENT LINE AND THE SOUTHWESTERLY LINE OF FOUNTAIN SPRINGS ROAD (60.00 FEET WIDE); THENCE ALONG SAID LINE N49°12142"W, 550.00 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF THE BREA CANYON CHANNEL (50.00 FEET WIDE); THENCE ALONG SAID LINE S40°47118"W, 376.60 FEET TO A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 6,625.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 07'23'56" AN ARC LENGTH OF 865.16 FEET TO A TANGENT LINE; THENCE ALONG SAID LINE 533'13'22"W, 244.0 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 180.00 FEET, SAID CURVE ALSO BEING THE SOUTHWESTERLY LINE OF COLD SPRINGS LANE (60.00 FEET WIDE); THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 40'00'00" AN ARC LENGTH OF 125.66 FEET TO A TANGENT LINE; THENCE ALONG SAID LINE 516`41138"E, 438.79 FEET TO A TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 240.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 40°00'00" AN ARC LENGTH OF 167.55 FEET TO A TANGENT LINE; THENCE ALONG SAID LINE S56°41'38"E, 2.00 FEET TO A TANGENT CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 25.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90 ° 00' 00" AN ARC LENGTH OF 39.27 FEET TO A TANGENT LINE AND THE WESTERLY LINE OF DIAMOND BAR BOULEVARD (100.00 FEET WIDE); THENCE ALONG SAID LINE S33°18'22"W, 398.28 FEET TO A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 1,950.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 32'45'31" AN ARC LENGTH OF 1,114.90 FEET TO A TANGENT LINE; THENCE ALONG SAID LINE S66°03'53"W, 875.89 FEET TO A TANGENT CURVE CONCAVE NORTH AND HAVING A RADIUS OF 950.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 20°25'35" AN ARC LENGTH OF 338.68 FEET TO A POINT ON THE NORTHWESTERLY LINE OF THE BREA CANYON CHANNEL (50.00 FEET WIDE), A RADIAL THROUGH SAID POINT BEARS S03°30132"E; THENCE ALONG SAID LINE N30°41'18"E, 129.38 FEET TO A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 975.00 FEET; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 06°32'36" AN ARC LENGTH OF 111.35 FEET TO A TANGENT LINE; THENCE ALONG SAID LINE N24°08'42"E, 148.26 FEET TO A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 825.00 FEET; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 02'25'50" AN ARC LENGTH OF 35.00 FEET TO A POINT ON THE SOUTHERLY BOUNDARY LINE OF TRACT NO. 25991 AS PER MAP RECORDED IN BOOK 702, PAGES 16 THROUGH 21, RECORDS OF LOS ANGELES COUNTY; THENCE ALONG SAID LINE AND RADIAL TO SAID LAST MENTIONED CURVE N63°25'28"W, 166.74 FEET TO THE EASTERLY LINE OF BREA CANYON ROAD (80.00 FEET WIDE) AS SHOWN ON SAID TRACT; THENCE ALONG SAID LINE N04°05'40"E, 154.44 FEET TO A TANGENT CURVE Doc:96010.LEG 16 CONCAVE EAST AND HAVING A RADIUS OF 960.00 FEET; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 29'12'42" AN ARC LENGTH OF 489.45 FEET TO A TANGENT LINE BEING THE SAME EASTERLY LINE OF BREA CANYON ROAD WHICH WIDENS TO 103.00 FEET AT THIS POINT; THENCE ALONG SAID LINE N33°18'22"E, 1,153.99 FEET TO THE NORTHERLY BOUNDARY LINE OF SAID TRACT NO. 25991; THENCE ALONG SAID LINE 556'41'38"E, 277.00 FEET TO A POINT ON THE WESTERLY BOUNDARY LINE OF TRACT NO. 25985 AS PER MAP RECORDED IN BOOK 678, PAGES 63 THROUGH 65, RECORDS OF SAID COUNTY; THENCE ALONG SAID LINE N33°18'22"E, 524.00 FEET TO THE SOUTHWESTERLY LINE OF LOTS 1 THROUGH 4 IN SAID TRACT NO. 25985; THENCE ALONG SAID LINE N56°41'38"W, 277.00 FEET TO THE EASTERLY LINE OF SAID BREA CANYON ROAD (103.00 FEET WIDE) ; THENCE ALONG SAID LINE N33"18'22"E, 576.88 FEET TO A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 2,053.00 FEET; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 29°16;05: AN ARC LENGTH OF 1,048.72 FEET TO A POINT ON A REVERSE CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 25.00 FEET, A RADIAL THROUGH SAID POINT BEARS N85°57143"W; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 32°26'17" AN ARC LENGTH OF 14.15 FEET TO A TANGENT LINE; THENCE ALONG SAID LINE N36°23'34"E, 90.30 FEET TO A POINT ON A NON -TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 15.00 FEET, A RADIAL THROUGH SAID POINT BEARS S47°15140"W; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 44°03'11" AN ARC LENGTH OF 11.913 FEET TO A POINT ON A REVERSE CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 2,109.00 FEET, A RADIAL THROUGH SAID POINT BEARS N88°40'59"W; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 02°19'58" AN ARC LENGTH OF 85.62 FEET TO A POINT ON THE NORTHERLY BOUNDARY LINE OF TRACT NO. 25986 AS PER MAP RECORDED IN BOOK 689, PAGES 40 THROUGH 44, RECORDS OF SAID COUNTY; THENCE LEAVING SAID EAST LINE OF BREA CANYON ROAD AND ALONG SAID NORTHERLY LINE S86°47'22"E, 246.77 FEET; THENCE S75'48129"E, 178.94 FEET TO A POINT ON THE NORTHWESTERLY BOUNDARY LINE OF SAID TRACT; THENCE ALONG SAID LINE N40°47'18"E, 186.01 FEET TO A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 1,425.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 32 ° 05' 20" AN ARC LENGTH OF 798.08 FEET TO A TANGENT LINE; THENCE ALONG SAID LINE N72'52'38"E, 91.78 FEET TO A POINT ON THE WESTERLY LINE OF LOTS 17 THROUGH 27 OF TRACT NO. 25987 AS PER MAP RECORDED IN BOOK 694, PAGES 24 THROUGH 28, RECORDS OF SAID COUNTY; THENCE ALONG SAID LINE N22 ° 07' 22"W, 773.44 FEET TO AN ANGLE POINT THEREON; THENCE N19 °25' 17"W, 95.75 FEET; THENCE ALONG THE NORTH LINE OF SAID LOT 27 AND ITS EASTERLY PROLONGATION N77°09'16"E, 175.00 FEET TO A POINT ON A CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 170.00 FEET, SAID CURVE BEING THE EASTERLY LINE OF EVERGREEN SPRINGS DRIVE (60.00 FEET WIDE); THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 29°34'27" AN ARC LENGTH OF 87.75 FEET TO A TANGENT LINE; THENCE ALONG SAID LINE N16°43143"E, 57.35 FEET TO A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 25.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90°41'20" AN ARC LENGTH OF 39.57 FEET TO A POINT ON A COMPOUND CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 4,600.00 FEET, SAID Doc:96010.LEG 17 CURVE ALSO BEING THE SOUTH LINE OF PATHFINDER ROAD (100.00 FEET WIDE), A RADIAL THROUGH SAID POINT BEARS N17°25103"E; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 07 ° 15' 35" AN ARC LENGTH OF 582.85 FEET TO A TANGENT LINE; THENCE ALONG SAID LINE S65°19122"E, 1,299.27 FEET TO A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 25.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 100°00'00" AN ARC LENGTH OF 43.63 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTION NO. 2: BEGINNING AT THE CENTERLINE INTERSECTION OF DIAMOND BAR BOULEVARD AND PATHFINDER ROAD; THENCE ALONG THE CENTERLINE OF PATHFINDER ROAD (100.00 FEET WIDE) N65°19'22"W, 85.68 FEET; THENCE AT RIGHT ANGLES TO SAID CENTERLINE N24°40'38"E, 50.00 FEET TO A POINT ON THE NORTHERLY LINE OF SAID PATHFINDER ROAD, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE ALONG SAID LINE N65°19122"W, 1,313.06 FEET TO A TANGENT CURVE CONCAVE SOUTH AND HAVING A RADIUS OF 4,500.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 23°58'21" AN ARC LENGTH OF 1,882.80 FEET TO A TANGENT LINE; THENCE ALONG SAID LINE N89°17143"W, 19.67 FEET TO THE SOUTHWEST CORNER OF LOT 3 OF TRACT NO. 27036 AS PER MAP RECORDED IN BOOK 683, PAGES 9 AND 10, RECORDS OF LOS ANGELES COUNTY; THENCE ALONG THE WEST LINE OF SAID LOT N12°23'00"E, 32.50 FEET TO THE SOUTH LINE OF LOT 4 OF SAID TRACT; THENCE ALONG SAID SOUTH LINE N82°39'43"W, 147.60 FEET TO THE WEST LINE OF SAID TRACT; THENCE ALONG SAID LINE NO2°01'57"E, 453.99 FEET TO A POINT ON THE WESTERLY BOUNDARY LINE OF TRACT NO. 28579 AS PER MAP RECORDED IN, BOOK 862, PAGES 40 THROUGH 46, RECORDS OF SAID COUNTY; THENCE ALONG SAID BOUNDARY LINE THE FOLLOWING COURSES: N31°58'04"W, 297.02 FEET; THENCE N16°06'05"W, 221.24 FEET; THENCE N01'11'15"E, 113.54 FEET; THENCE N88'48'45"W, 36.08 FEET; THENCE N16'06'05"W, 155.49 FEET; THENCE N81'07'00"E, 182.89 FEET; THENCE N08'53'00"W, 148.00 FEET TO A TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 1,178.00 FEET; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 06°25'13" AN ARC LENGTH OF 132.00 FEET; THENCE NON -TANGENT TO SAID CURVE THE FOLLOWING COURSES: S87°32'13"W, 146.44 FEET; THENCE N01°11115"E, 478.25 FEET; THENCE N23°12'30"E, 25.52 FEET; THENCE S84°07'10"E, 41.99 FEET TO A POINT ON A NON -TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 1,278.00 FEET, A RADIAL THROUGH SAID POINT BEARS N88°32153"W; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 12°11'26" AN ARC LENGTH OF 271.91 FEET; THENCE N76°16'24"W, 10.54 FEET; THENCE N09°15156"E, 13.30 FEET; THENCE N12`09'22"E, 32.81 FEET TO THE SOUTHWESTERLY CORNER OF PARCEL MAP NO. 13634 AS RECORDED IN PARCEL MAP BOOK 138, PAGES 35 THROUGH 39, RECORDS OF SAID COUNTY; THENCE ALONG THE WESTERLY Doc:96010.LEG 18 BOUNDARY LINE OF SAID PARCEL MAP N12'09122"E, 383.20 FEET; THENCE N30'31115"E, 97.09 FEET; THENCE N66'28156"E, 284.70 FEET; THENCE N11'54'04"E, 43.38 FEET TO THE SOUTHWESTERLY BOUNDARY LINE OF TRACT NO. 39679 AS PER MAP RECORDED IN BOOK 1083, PAGES 14 THROUGH 21, RECORDS OF SAID COUNTY; THENCE ALONG SAID BOUNDARY THE FOLLOWING COURSES: S60°45119"E, 30.00 FEET; THENCE N77010'46"E, 502.31 FEET; THENCE N59°10'13"E, 326.02 FEET; THENCE S78°25'49"E, 326.76 FEET; THENCE N07'12'19"E, 512.11 FEET; THENCE N46024'06"E, 1,199.85 FEET; THENCE N61'57'41"E, 1,085.02 FEET; THENCE N52°48'28"E, 324.61 FEET; THENCE N29"28'18"E, 653.02 FEET; THENCE N78°47'22"E, 308.65 FEET; THENCE N46°38'32"E, 635.40 FEET; THENCE N08°28'15"W, 360.11 FEET TO A NON -TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 1,033.02 FEET, SAID CURVE ALSO BEING THE SOUTHERLY LINE OF GOLDEN SPRINGS DRIVE (BEING OF VARIABLE WIDTH FROM 80.00 FEET TO 95.00 FEET); THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 24`06'27" AN ARC LENGTH OF 434.65 FEET TO A TANGENT LINE; THENCE ALONG SAID LINE N57'25'18"E, 70.25 FEET TO THE SOUTHWESTERLY BOUNDARY LINE OF PARCEL 2 OF SAID PREVIOUSLY MENTIONED PARCEL MAP NO. 13634; THENCE ALONG SAID BOUNDARY LINE THE FOLLOWING COURSES; S27'39'57"E, 1,219.61 FEET; THENCE S22°34'44"W, 151.24 FEET; THENCE S54°13'08"E, 273.65 FEET; THENCE N60"49'56"E, 246.22 FEET; THENCE S88'17'22"E, 289.68 FEET; THENCE N07°30'00"E, 6.95 FEET; THENCE N84'14'30"E, 201.88 FEET TO A POINT ON THE NORTHWESTERLY BOUNDARY LINE OF LOT 11 OF TRACT NO. 40972 AS PER MAP RECORDED IN BOOK 981, PAGES 82 THROUGH 85, RECORDS OF SAID COUNTY; THENCE ALONG SAID BOUNDARY LINE THE FOLLOWING COURSES: N12'55'04"W, 332.87 FEET; THENCE N21°54'59"E, 98.42 FEET; THENCE 572'17'25"E, 171.13 FEET; THENCE N47°19'44"E, 386.35 FEET; THENCE N14'36'59"W, 95.04 FEET; THENCE NO2'25'03"W, 118.07 FEET; THENCE N74'42133"E, 87.10 FEET; THENCE N05°48'16"E, 138.66 FEET; THENCE N52"31'29"E, 146.20 FEET; THENCE N05'52'10"E, 398.17 FEET TO A POINT ON A NON -TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 3,050.00 FEET, SAID CURVE ALSO BEING THE SOUTHERLY LINE OF GRAND AVENUE (100.00 FEET WIDE), A RADIAL THROUGH SAID POINT BEARS S23°13122"W; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 03' 07' 42" AN ARC LENGTH OF 166.55 FEET TO A TANGENT LINE; THENCE ALONG SAID LINE 564'54'20"E, 946.43 FEET TO A TANGENT CURVE CONCAVE SOUTHWESTERLY Doc:96010.LEG 19 AND HAVING A RADIUS OF 13.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90'00'00" AN ARC LENGTH OF 20.42 FEET TO A TANGENT LINE BEING THE WESTERLY LINE OF MONTEFINO AVENUE (66.00 FEET WIDE); THENCE ALONG SAID LINE S25°05140"W, 50.01 FEET TO A TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 433.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 32°08'13" AN ARC LENGTH OF 242.87 FEET TO A TANGENT LINE; THENCE ALONG SAID LINE S07°02'33"E, 77.60 FEET TO A TANGENT CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 718.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00'46'21" AN ARC LENGTH OF 9.68 FEET TO A POINT ON THE WESTERLY PROLONGATION OF THE SOUTH LINE OF LOT 12 OF SAID TRACT NO. 40972, A RADIAL THROUGH SAID POINT BEARS N83"43'48"E; THENCE ALONG SAID PROLONGATION AND SOUTH LINE N85 ° 45' 08"E, 224.03 FEET TO THE NORTHEASTERLY LINE OF LOT 10 OF SAID TRACT NO. 40972; THENCE ALONG SAID LINE S64°54120"E, 434.14 FEET; THENCE S25°05140"W, 272.50 FEET; THENCE S15°08107"E, 264.52 FEET; THENCE S25°06122"W, 454.22 FEET TO A POINT ON A NON -TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 318.00 FEET, SAID CURVE ALSO BEING THE NORTHEASTERLY LINE OF MONTEFINO AVENUE (64.00 FEET WIDE), A RADIAL THROUGH SAID POINT BEARS S08°4815911W; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 17°22'16" AN ARC LENGTH OF 96.41 FEET TO A TANGENT LINE; THENCE ALONG SAID LINE N63°48'45"W, 156.36 FEET TO THE NORTHERLY PROLONGATION OF THE WESTERLY LINE OF LOT 9 OF SAID TRACT; THENCE ALONG SAID PROLONGATION AND WEST LINE S26°11'15"W, 403.63 FEET TO THE SOUTHWESTERLY BOUNDARY LINE OF SAID LOT 9; THENCE ALONG SAID BOUNDARY LINE THE FOLLOWING COURSES: S35°50'12"E, 29.15 FEET; THENCE S25°44'00"E, 152.06 FEET; THENCE S03°40'02"E, 190.01 FEET; THENCE S28'10'37"W, 10.57 FEET; THENCE S64°41'26"E, 295.14 FEET TO A POINT ON THE WESTERLY LINE OF DIAMOND BAR BOULEVARD (120.00 FEET WIDE), SAID POINT ALSO BEING THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 5,940.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 25'03'15" AN ARC LENGTH OF 2,597.43 FEET TO A TANGENT LINE; THENCE ALONG SAID LINE 550'09'00"W, 2,850.97 FEET TO A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 6,060.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 15°28'22" AN ARC LENGTH OF 1,636.51 FEET TO A TANGENT LINE; THENCE ALONG SAID LINE S34°40138"W, 300.06 FEET TO A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 40.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 80°00'00" AN ARC LENGTH OF 55.85 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTION NO. 3: BEGINNING AT THE CENTERLINE INTERSECTION OF GOLDEN SPRINGS DRIVE AND GRAND AVENUE; THENCE ALONG THE CENTERLINE OF SAID GOLDEN SPRINGS DRIVE (80.00 FEET WIDE) S55°39'58"W, 74.50 FEET; THENCE AT RIGHT ANGLES TO SAID CENTERLINE N34'20'02"W, 40.00 FEET TO A POINT Doc:96010.LEG 20 ON THE WESTERLY LINE OF SAID GOLDEN SPRINGS DRIVE AND THE TRUE POINT OF BEGINNING; THENCE S55°39158"W, 15.48 FEET TO A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 1,190.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 31'49'52" AN ARC LENGTH OF 661.11 FEET TO A TANGENT LINE; THENCE ALONG SAID LINE S23'50'06"W, 250.00 FEET TO A TANGENT CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 1,110.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 74'33'09" AN ARC LENGTH OF 1,444.32 FEET TO A POINT ON THE SOUTHWESTERLY LINE OF THAT CERTAIN LAND DESCRIBED PER DEED RECORDED SEPTEMBER 7, 1962 AS INSTRUMENT NO. 5660 OFFICIAL RECORDS OF LOS ANGELES COUNTY, A RADIAL THROUGH SAID POINT BEARS S08°23115"W; THENCE ALONG SAID LINE N64°20'38"W, 758.38 FEET TO A POINT ON THE SOUTHEASTERLY RIGHT OF WAY LINE OF THE STATE OF CALIFORNIA FREEWAY ROUTE 60 (POMONA FREEWAY); THENCE ALONG SAID RIGHT OF WAY LINE THE FOLLOWING COURSES: N44"51'19"E, 339.39 FEET; THENCE N47"27'03"E, 463.09 FEET; THENCE N47°05124"E, 128.83 FEET; THENCE N42'34'23"E, 314.95 FEET; THENCE N45°01155"W, 15.00 FEET; THENCE N42'30'51"E, 415.23 FEET; THENCE N45°24'27"E, 468.10 FEET; THENCE N47°03112"E, 235.01 FEET; THENCE N48°19'40"E, 96.93 FEET; THENCE N18'15'07"E, 36.92 FEET; THENCE N44°53124"E, 180.00 FEET; THENCE S87°12'09"E, 41.82 FEET; THENCE N48°19'40"E, 82.40 FEET TO A POINT ON A NON -TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 550.00 FEET, SAID CURVE ALSO BEING THE SOUTHWESTERLY LINE OF GRAND AVENUE (BEING OF VARIABLE WIDTH IN THIS AREA), A RADIAL THROUGH_SAID POINT BEARS N52'54129"E; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 14°01'49" AN ARC LENGTH OF 134.68 FEET TO A TANGENT LINE; THENCE ALONG SAID LINE S23°03'42"E, 374.45 FEET TO A TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 3,050.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 08'29'20" AN ARC LENGTH OF 451.89 FEET TO A POINT ON A REVERSE CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 27.00 FEET, A RADIAL THROUGH SAID POINT BEARS N58°26158"E; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 87°13'00" AN ARC LENGTH OF 41.10 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTION NO. 4: BEGINNING AT THE CENTERLINE INTERSECTION OF BREA CANYON ROAD AND COLIMA ROAD AS SAID INTERSECTION IS SHOWN ON PARCEL MAP NO. 4739 AS PER MAP RECORDED IN PARCEL MAP BOOK 5, PAGE 8, RECORDS OF LOS ANGELES COUNTY; THENCE ALONG SAID CENTERLINE OF BREA CANYON ROAD S33°52'32"E, 374.98 FEET; THENCE AT RIGHT ANGLES TO SAID CENTERLINE N56°07'28"E, 50.00 FEET TO THE EASTERLY LINE OF BREA CANYON ROAD AND THE TRUE POINT OF BEGINNING, ALSO BEING THE NORTHWESTERLY Doc:96010.LEG 21 CORNER OF TRACT NO. 27264 AS PER MAP RECORDED IN BOOK 722, PAGES 91 THROUGH 95, RECORDS OF SAID COUNTY; THENCE ALONG THE PERIMETER BOUNDARY OF SAID TRACT THE FOLLOWING COURSES: N13°21110"E, 54.49 FEET; THENCE N82°36'41"E, 337.50 FEET; THENCE N38°22'06"E, 273.67 FEET; THENCE N56'29'07"E, 122.54 FEET; THENCE N76007'08"E, 310.00 FEET; THENCE N82'37'40"E, 433.76 FEET; THENCE S18°16'20"E, 709.03 FEET; THENCE S40°14'3911W, 700.52 FEET; THENCE S82'36'20"W, 454.28 FEET; THENCE N28°11'47"E, 108.36 FEET; THENCE S83°46150"W, 68.31 FEET TO THE NORTHEAST CORNER OF LOT 1 OF TRACT NO. 35336 AS PER MAP RECORDED IN BOOK 1076, PAGES 44 AND 45, RECORDS OF SAID COUNTY; THENCE ALONG THE PERIMETER BOUNDARY OF SAID LOT 1 THE FOLLOWING COURSES: S12°08'33"W, 11.05 FEET; THENCE S35°19137"W, 62.36 FEET; THENCE S23°36'34"W, 42.50 FEET; THENCE S07°48109"W, 32.85 FEET; THENCE S35°08'04"W, 64.57 FEET; THENCE S72°19'55"W, 27.23 FEET; THENCE N55'45'35"W, 60.75 FEET; THENCE N32°50'04"W, 56.25 FEET; THENCE N14'23'10"W, 41.06 FEET; THENCE N08°05'30"E, 98.29 FEET; THENCE N82'02'37"W, 104.27 FEET; THENCE S76°09'57"W, 74.57 FEET TO A POINT ON THE EASTERLY LINE OF BREA CANYON ROAD (100.00 FEET WIDE) AS SHOWN ON SAID TRACT NO. 35336; THENCE ALONG SAID LINE N13'37'34"W, 102.76 FEET TO A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 1,550.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 20'15130" AN ARC LENGTH OF 548.04 FEET TO A TANGENT LINE; THENCE ALONG SAID LINE N33'52'32"W, 60.37 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTION NO. 5: BEGINNING AT THE CENTERLINE OF LYCOMING STREET AND BREA CANYON ROAD AS SAID INTERSECTION IS SHOWN ON TRACT NO. 27394 AS PER MAP RECORDED IN BOOK 703, PAGES 3 THROUGH 6, RECORDS OF LOS ANGELES COUNTY; THENCE ALONG SAID CENTERLINE OF LYCOMING STREET S89°59'55"W, 208.96 FEET; THENCE AT RIGHT ANGLES TO SAID CENTERLINE S00'00'05"E, 30.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE ALONG THE PERIMETER BOUNDARY OF SAID TRACT THE FOLLOWING COURSES: S00°00'05"E, 170.00 FEET; THENCE N89°59'55"E, 252.83 FEET; THENCE S33°52'37"E, 84.30 FEET TO A NON -TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 1,550.00 FEET, A RADIAL THROUGH SAID POINT BEARS S65°20'14"W; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 09"1251" AN ARC LENGTH OF 249.26 FEET TO A TANGENT LINE; THENCE ALONG SAID LINE THE FOLLOWING Doc:96010.LEG 22 COURSES: S33'52137"E, 13.53 FEET 502'26'43"E, 105.47 FEET S34°35'30"W, 91.23 FEET S64°59'20"W, 145.17 FEET S67651'32"W, 380.45 FEET TO THE MOST SOUTHERLY CORNER OF LOT 50 OF SAID TRACT NO. 27394, SAID CORNER BEING A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF THE STATE OF CALIFORNIA FREEWAY ROUTE 60 (POMONA FREEWAY); THENCE ALONG SAID RIGHT OF WAY LINE S67°51132"W, 218.43 FEET; THENCE 574'27123"W, 328.83 FEET; THENCE S78°54124"W, 1,151.53 FEET TO THE EAST LINE OF CURRIER DRIVE (60.00 FEET WIDE); THENCE ALONG SAID EAST LINE N00°07'48"W, 1,232.18 FEET TO A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 15.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90 ° 07' 43" AN ARC LENGTH OF 23.60 FEET TO THE SOUTH LINE OF LYCOMING STREET (60.00 FEET WIDE); THENCE ALONG SAID LINE N89 -59'55"E, 1,739.63 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTION NO. 6: BEGINNING AT THE CENTERLINE INTERSECTION OF GRAND AVENUE AND DIAMOND BAR BOULEVARD AS SHOWN ON TRACT NO. 30367 AS PER MAP RECORDED IN BOOK 888, PAGES 9 AND 10, RECORDS OF LOS ANGELES COUNTY; THENCE ALONG THE CENTERLINE OF GRAND AVENUE N64'541120"W, 410.00 FEET; THENCE AT RIGHT ANGLES TO SAID CENTERLINE N25°05140"E, 50.00 FEET TO THE NORTHERLY LINE OF SAID GRAND AVENUE (100.00 FEET WIDE); THENCE ALONG SAID LINE N64'54120"W, 1,795.53 FEET TO A TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 2,950.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 25'20'58" AN ARC LENGTH OF 1,305.11 FEET TO A POINT ON THE SOUTH LINE OF PARCEL MAP NO. 8663 AS RECORDED IN PARCEL MAP BOOK 95, PAGES 91 AND 92, RECORDS OF SAID COUNTY, A RADIAL THROUGH SAID POINT BEARS S50'26138"W; THENCE ALONG SAID LINE S87°04138"E, 568.17 FEET TO THE SOUTHERLY CORNER OF THE BOUNDARY OF TRACT NO. 36346 AS PER MAP RECORDED IN BOOK 962, PAGES 51 THROUGH 58, RECORDS OF SAID COUNTY; THENCE ALONG THE PERIMETER BOUNDARY OF SAID TRACT THE FOLLOWING COURSES: N30°48'58"W, 367.98 FEET; THENCE N01°55'12"W, 340.67 FEET; THENCE N55°39'57"E, 1,310.85 FEET TO A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 2,540.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 03'59'33" AN ARC LENGTH OF 176.99 FEET TO A POINT, A RADIAL THROUGH SAID POINT BEARS S38°19136"E; THENCE S30°21'49"E, 484.87 FEET; THENCE S62°54'20"E, 113.25 FEET; THENCE S52°36'15"E, 256.81 FEET; THENCE S42'29'35"E, 128.82 FEET; THENCE S38'07'23"W, 390.29 FEET; THENCE S60°29'49"W, 787.85 FEET TO THE WESTERLY PROLONGATION OF THE NORTH LINE OF TRACT NO. 32457 AS PER MAP RECORDED IN BOOK 989, PAGES 12 THROUGH 14, RECORDS OF SAID COUNTY; THENCE ALONG SAID PROLONGATION Doc:96010.LEG 23 AND NORTH LINE S87°18'31"E, 378.68 FEET TO AN ANGLE POINT THEREON; THENCE S77°47'38"E, 772.06 FEET TO AN ANGLE POINT THEREON; THENCE CONTINUING ALONG SAID NORTH LINE AND ITS EASTERLY PROLONGATION N88°45158"E, 1,266.95 FEET TO A POINT ON A NON -TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 2,950.00 FEET, A RADIAL THROUGH SAID POINT BEARS S72°05'45"E, SAID CURVE ALSO BEING THE WESTERLY LINE OF DIAMOND BAR BOULEVARD (100.00 FEET WIDE); THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 07°11'25" AN ARC LENGTH OF 370.21 FEET TO A TANGENT LINE; THENCE ALONG SAID LINE S25°05'40"W, 438.31 FEET TO A POINT ON THE CENTERLINE OF CLEAR CREEK CANYON DRIVE (64.00 FEET WIDE) AS SHOWN ON SAID PREVIOUSLY MENTIONED TRACT NO. 30367; THENCE ALONG SAID CENTERLINE AND ITS NORTHWESTERLY PROLONGATION N64°5412011W, 704.00 FEET TO THE NORTHWESTERLY LINE OF PARCEL 1 OF PARCEL MAP NO. 6525 AS PER MAP RECORDED IN PARCEL MAP BOOK 76, PAGES 3 AND 4, RECORDS OF SAID COUNTY; THENCE ALONG SAID LINE 525'0514011W, 298.32 FEET TO THE SOUTHWESTERLY LINE OF SAID PARCEL 1; THENCE ALONG SAID LINE S64°54'20"E, 344.00 FEET TO THE SOUTHEASTERLY LINE OF PARCEL 2 OF SAID PARCEL MAP; THENCE ALONG SAID LINE S25' 05' 40"W, 660.00 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTION NO. 7: BEGINNING AT THE CENTERLINE INTERSECTION OF GOLDEN SPRINGS DRIVE AND DIAMOND BAR BOULEVARD AS SAID INTERSECTION IS SHOWN ON TRACT NO. 26203 AS PER MAP RECORDED IN BOOK 687, PAGES 71 AND 72, RECORDS OF LOS ANGELES COUNTY; THENCE ALONG THE CENTERLINE OF DIAMOND BAR BOULEVARD S33'20'00"E, 67.00 FEET; THENCE AT RIGHT ANGLES TO SAID CENTERLINE S56°40100"W, 60.00 FEET TO THE SOUTHWESTERLY LINE OF SAID DIAMOND BAR BOULEVARD (120.00 FEET WIDE); THENCE ALONG SAID LINE S33°20'00"E, 164.63 FEET TO A TANGENT CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 2,440.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 47°30'00" AN ARC LENGTH OF 2,022.84 FEET TO A TANGENT LINE; THENCE ALONG SAID LINE S14°10'00"W, 500.00 FEET; THENCE AT RIGHT ANGLES S75°50100"E, 10.00 FEET TO A POINT ON THE WESTERLY LINE OF SAID DIAMOND BAR BOULEVARD (100.00 FEET WIDE); THENCE ALONG SAID LINE S14°10'00"W, 289.10 FEET TO A TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 4,050.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11'27'00" AN ARC LENGTH OF 809.35 FEET TO A TANGENT LINE; THENCE ALONG SAID LINE S02°43'00"W, 379.26 FEET TO A TANGENT CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 2,950.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 03°34'25" AN ARC LENGTH OF 184.00 FEET TO A POINT ON THE SOUTHERLY BOUNDARY LINE OF TRACT NO. 31141 AS PER MAP RECORDED IN BOOK 827, PAGES 83 THROUGH 88, RECORDS OF SAID COUNTY, A RADIAL THROUGH SAID POINT BEARS S83°42135"E; THENCE ALONG SAID BOUNDARY LINE THE FOLLOWING COURSES: N89°55'49"W, 145.84 FEET; THENCE N83°22'03"W, 86.58 FEET; THENCE N41°42'58'W, 172.82 FEET; THENCE N67'44'07"W, 459.24 FEET; THENCE N60°39'53"W, 70.05 FEET TO THE SOUTHWESTERLY BOUNDARY LINE OF TRACT Doc:96010.LEG 24 NO. 31139 AS PER MAP RECORDED IN BOOK 817, PAGES 38 THROUGH 41, RECORDS OF SAID COUNTY; THENCE ALONG SAID BOUNDARY LINE THE FOLLOWING COURSES: N60°39'53"W, 68.75 FEET; THENCE N52°07'30"W, 307.85 FEET; THENCE N45°33'32'W, 289.93 FEET; THENCE S70°37'49"W, 135.68 FEET; THENCE N50°21'56"W, 257.10 FEET; THENCE N12°31144"W, 110.63 FEET; THENCE N29°061531E, 81.53 FEET; THENCE N48°3115111W, 339.99 FEET TO A POINT ON A NON -TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 2,540.00 FEET, A RADIAL THROUGH SAID POINT BEARS S48°32'03"E, SAID CURVE ALSO BEING THE EASTERLY LINE OF GOLDEN SPRINGS DRIVE (80.00 FEET WIDE); THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 22033'00" AN ARC LENGTH OF 992.28 FEET TO A TANGENT LINE; THENCE ALONG SAID LINE N19°04157"E, 930.13 FEET TO A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 2,160.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 37'35'03" AN ARC LENGTH OF 1,416.89 FEET TO A TANGENT LINE; THENCE ALONG SAID LINE N56°40'00"E, 157.77 FEET TO A TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 27.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90°00'00" AN ARC LENGTH OF 42.41 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTION NO. 8: BEGINNING AT THE CENTERLINE INTERSECTION OF GOLDEN SPRINGS DRIVE AND GRAND AVENUE AS SAID INTERSECTION IS SHOWN ON PARCEL MAP NO. 8663 AS PER MAP RECORDED IN PARCEL MAP BOOK 95, PAGES 91 AND 92, RECORDS OF LOS ANGELES COUNTY; THENCE ALONG THE CENTERLINE OF GOLDEN SPRINGS DRIVE N55'39'57"E, 79.69 FEET; THENCE AT RIGHT ANGLES TO SAID CENTERLINE N34°20'03"W, 40.00 FEET TO A POINT ON THE WESTERLY LINE OF GOLDEN SPRINGS DRIVE (80.00 FEET WIDE), SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING AND THE BEGINNING OF A CURVE TANGENT TO SAID WESTERLY LINE, SAID CURVE BEING CONCAVE NORTHERLY AND HAVING A RADIUS OF 27.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 92°55'49" AN ARC LENGTH OF 43.79 FEET TO A POINT ON A COMPOUND CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 2,950.00 FEET, SAID CURVE ALSO BEING THE NORTHEASTERLY LINE OF GRAND AVENUE, A RADIAL THROUGH SAID POINT BEARS S58`35'46"W; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 14°46'37" AN ARC LENGTH OF 760.82 FEET TO A POINT ON A NON -TANGENT LINE, A RADIAL THROUGH SAID POINT BEARS S73°22123"W; THENCE ALONG SAID LINE N73°24100"E, 34.43 FEET; THENCE N10°25'00"W, 239.94 FEET TO A POINT ON THE SOUTHEASTERLY RIGHT OF WAY LINE OF THE STATE OF CALIFORNIA FREEWAY ROUTE 60 (POMONA FREEWAY); THENCE ALONG SAID RIGHT OF WAY LINE THE FOLLOWING COURSES: N21`06'45"E, 150.47 FEET; THENCE N68°53'18"W, 2.00 FEET; THENCE N21"06'45'E, 65.73 FEET; THENCE Doc:96010.LEG 25 N28°02'19"E, 40.13 FEET TO A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 2,948.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 03'19'23" AN ARC LENGTH OF 170.98 FEET TO A POINT ON A NON -TANGENT LINE, A RADIAL THROUGH SAID POINT BEARS N58°38'18"W; THENCE ALONG SAID LINE N29°24129"E, 173.55 FEET TO A POINT ON A NON -TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 3,002.00 FEET, A RADIAL THROUGH SAID POINT BEARS S47'10156"E; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04°15157" AN ARC LENGTH OF 223.51 FEET TO A POINT ON A NON -TANGENT LINE, A RADIAL THROUGH SAID POINT BEARS N51°26153"W; THENCE ALONG SAID LINE N38'47145"E, 393.05 FEET TO A NON -TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 9,998.00 FEET, A RADIAL THROUGH SAID POINT BEARS S50-1313111E,- THENCE 50°13'31"E;THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 02°27112" AN ARC LENGTH OF 428.10 FEET TO A POINT ON A NON -TANGENT LINE, A RADIAL THROUGH SAID POINT BEARS S52°40143"E; THENCE ALONG SAID LINE S55°29159"E, 2.00 FEET TO A POINT ON A NON -TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 10,113.00 FEET, A RADIAL THROUGH SAID POINT BEARS S53°53153"E; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04' 10' 46" AN ARC LENGTH OF 737.70 FEET TO A TANGENT LINE; THENCE ALONG SAID LINE THE FOLLOWING COURSES: N31°55121"E, 307.15 FEET; THENCE N34°28'03"E, 270.27 FEET; THENCE N34'29'31'E, 134.09 FEET; THENCE N40°00'56"E, 1,353.33 FEET TO A POINT ON THE NORTHEASTERLY LINE OF THAT CERTAIN PARCEL RECORDED IN DEED BOOK D1749, PAGE 949 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG SAID LINE S33°20100"E, 425.81 FEET TO A POINT ON THE SOUTHWESTERLY LINE OF PROSPECTORS ROAD (64.00 FEET WIDE); THENCE ALONG A RADIAL LINE N57'44'41"E, 64.00 FEET TO A POINT ON A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 793.00 FEET, SAID CURVE BEING THE NORTHEASTERLY LINE OF SAID PROSPECTORS ROAD; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 32°03'10" AN ARC LENGTH OF 443.63 FEET TO A POINT ON THE NORTHWESTERLY LINE OF PARCEL 4 OF PARCEL MAP NO. 4269 AS PER MAP RECORDED IN PARCEL MAP BOOK 49, PAGE 6, RECORDS OF SAID COUNTY, A RADIAL THROUGH SAID POINT BEARS S89°47151"W; THENCE ALONG SAID LINE N56°40100"E, 494.74 FEET TO THE NORTHEASTERLY LINE OF SAID PARCEL 4; THENCE ALONG SAID LINE S33'20'00"E, 711.00 FEET TO THE SOUTHEASTERLY LINE OF SAID PARCEL 4; THENCE ALONG SAID LINE S51°19149"W, 551.44 FEET TO A POINT ON THE NORTHEASTERLY LINE OF SAID PROSPECTORS ROAD; THENCE AT RIGHT ANGLES TO SAID ROAD S32°3921"W, 80.00 FEET TO A POINT ON THE NORTHEASTERLY LINE OF TRACT NO. 26203 AS PER MAP RECORDED IN BOOK 687, PAGES 71 AND 72, RECORDS OF SAID COUNTY; THENCE ALONG SAID LINE 557'20'39"E, 448.83 FEET TO A POINT ON A NON -TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 2,240.00 FEET, A RADIAL THROUGH SAID POINT BEARS N57°20139"W, SAID CURVE ALSO BEING THE WESTERLY LINE OF GOLDEN SPRINGS DRIVE (80.00 FEET WIDE); THENCE SOUTHWESTERLY ALONG SAID LINE THROUGH A CENTRAL ANGLE OF 19°34'24" AN ARC LENGTH OF 530.65 FEET TO A TANGENT LINE; THENCE ALONG SAID LINE S19°04157"W, 930.13 FEET TO A TANGENT CURVE CONCAVE Doc:96010.LEG 26 NORTHWESTERLY AND HAVING A RADIUS OF 2,460.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 36 ° 35' 00" AN ARC LENGTH OF 1,570.71 FEET TO A TANGENT LINE; THENCE ALONG SAID LINE S55'39'57"W, 1,949.91 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTION NO. 9: BEGINNING AT THE POINT OF INTERSECTION OF THE SOUTHERLY RIGHT OF WAY LINE OF THE STATE OF CALIFORNIA FREEWAY ROUTE 60 (POMONA FREEWAY) WITH THE NORTHWESTERLY LINE OF GOLDEN SPRINGS DRIVE (80.00 FEET WIDE) AS SAID INTERSECTION IS SHOWN ON TRACT NO. 24731 AS PER MAP RECORDED IN BOOK 678, PAGES 94 AND 95, RECORDS OF LOS ANGELES COUNTY, SAID NORTHWESTERLY LINE BEING A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 1,160.00 FEET, A RADIAL THROUGH SAID POINT OF BEGINNING BEARS S71°21148"E; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 40°11'24" AN ARC LENGTH OF 813.68 FEET TO A TANGENT LINE; THENCE ALONG SAID LINE 558'49'36"W, 1,874.68 FEET TO A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 1,710.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10°00'24" AN ARC LENGTH OF 298.65 FEET TO A TANGENT LINE; THENCE ALONG SAID LINE S68°50'00"W, 400.89 FEET TO THE SOUTHWESTERLY LINE OF LOT 18, 19 AND 20 OF TRACT NO. 24725 AS PER MAP RECORDED IN BOOK 655, PAGES 66 THROUGH 68, RECORDS OF SAID COUNTY; THENCE ALONG SAID LINE N21°1010011W, 174.70 FEET TO THE NORTHERLY CORNER OF THAT CERTAIN PARCEL AS RECORDED IN DEED BOOK D3303, PAGE 792, OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG THE NORTHWESTERLY LINE OF SAID PARCEL S51°29'20"W, 191.13 FEET TO THE SOUTHWESTERLY LINE OF SAID PARCEL; THENCE ALONG SAID LINE S35°07'10"E, 140.00 FEET TO A POINT ON A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 615.00 FEET, SAID CURVE ALSO BEING THE NORTHWESTERLY LINE OF GOLDEN SPRINGS DRIVE (80.00 FEET WIDE); THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 29°45'50" AN ARC LENGTH OF 319.48 FEET TO A TANGENT LINE; THENCE ALONG SAID LINE S25°0710011W, 388.74 FEET TO THE SOUTHWESTERLY LINE OF TRACT NO. 50519 AS PER MAP RECORDED IN BOOK 1205, PAGES 86 THROUGH 88, RECORDS OF SAID COUNTY; THENCE ALONG SAID LINE N64°53'00"W, 150.00 FEET TO AN ANGLE POINT; THENCE S51°35113"W, 120.00 FEET TO A POINT ON A NON -TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 170.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 05°42'50" AN ARC LENGTH OF 16.96 FEET TO A TANGENT LINE BEING THE SOUTHWESTERLY LINE AND ITS SOUTHERLY PROLONGATION OF TRACT NO. 24724 AS PER MAP RECORDED IN BOOK 647, PAGES 7 THROUGH 9, RECORDS OF SAID COUNTY; THENCE ALONG SAID PROLONGATION AND SOUTHWESTERLY LINE N33°20'00"W, 1,004.76 FEET TO A POINT ON THE SOUTHERLY LINE OF PALOMINO DRIVE (60.00 FEET WIDE); THENCE ALONG SAID SOUTHERLY LINE N58°13'48"E, 191.40 FEET; THENCE AT RIGHT ANGLES TO SAID STREET N31°46'12"W, 60.00 FEET TO A POINT ON THE EASTERLY BOUNDARY LINE OF PARCEL MAP NO. 1749 AS PER MAP RECORDED IN PARCEL MAP BOOK 27, PAGE 57, RECORDS OF SAID COUNTY; THENCE ALONG SAID BOUNDARY LINE THE FOLLOWING COURSES: N13'10'58"W, 112.51 FEET; THENCE Doc:96010.LEG 27 N54'09'46"E, 40.89 FEET; THENCE S65'341341E, 9.04 FEET; THENCE N17'03'46"E, 303.90 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF THE STATE OF CALIFORNIA FREEWAY ROUTE 60 (POMONA FREEWAY); THENCE ALONG SAID RIGHT OF WAY LINE THE FOLLOWING COURSES: N69°28'14"E, 338.59 FEET; THENCE N50'51109"E, 105.62 FEET; THENCE N71-19'47"E, 2,106.80 FEET; THENCE N65'38'45"E, 600.07 FEET; THENCE N89°361341E, 490.07 FEET; THENCE N88°29134"E, 370.07 FEET TO THE POINT OF BEGINNING. CONTAINING: 1,454.303 ACRES, MORE OR LESS. Doc:96010.LEG 28 EXHIBIT C PROPOSED PROJECTS, PUBLIC FACILITIES, AND INFRASTRUCTURE IMPROVEMENT PROJECTS EXHIBIT C DIAMOND BAR ECONOMIC REVITALIZATION AREA PROGRAMS AND PROJECTS ESTIMATED COST PROGRAMS (1997 DOLLARS) Commercial/Industrial Rehabilitation Program The Commercial/Industrial Rehabilitation Program will provide assistance, in the forms of low interest loans and grants, to businesses in the Project Area to encourage and assist in restoring, modemizing, and improving commercial and industrial structures. This reinvestment in our business community may include rehabilitation and enhancement of deteriorated buildings, facade enhancement, and sign improvements. TOTAL Business Expansion and Retention Program To support the commercial and economic program, the Agency proposes a proactive Business Expansion and Retention Program that would encourage new business to locate within the boundaries of the Project Area, and assist in the retention of existing businesses. This investment in our business community may include expanded actions in marketing the area, advertising the area to potential customers and clients, improvements to business facilities to meet the needs of new technology, and other actions to stop sales tax leakage. TOTAL Parking Improvements Program The Agency proposes the implementation of a Parking Improvements Programs that includes rehabilitation, beautification, and new construction components in order to improve the inadequate parking distribution with the Project Area. These reinvestments in our business community are intended to correct deficiencies in design, and to provide improvements in lighting and ingress and egress to our commercial areas. TOTAL Di—bwVed-h. $50,000,000 $50,000,000 $80,000,000 $80,000,000 $10,000,000 $10,000,000 PUBLIC FACILITIES/INFRASTRUCTURE ASSISTANCE PROJECTS ESTIMATED COST PROGRAMS (1997 DOLLARS) Streetscane Improvements Streetscape improvements are proposed within the public rights-of-way to identify major City entrance points and unique areas along major thoroughfares. These reinvestments and public assets generally include undergrounding of overhead utilities, enriched pavement treatments, decorative concrete and brick crosswalks, sidewalk improvements, landscaping enhancements, including the use of specimen trees, accent and pedestrian oriented lighting, street furniture, bollards, area signage and graphics. Diamond Bar Bl., at north City limits - entry statement $350,000 Diamond Bar Bl., btw Highland Valley & Sunset Crossing - streetscape 2,000,000 Diamond Bar Bl., at Sunset Crossing - intersection treatment 350,000 Diamond Bar B1., btw Gentle Springs & Golden Springs - streetscape 900,000 Diamond Bar B1., at Goldrush/Frontage Road (west side) - streetscape 90,000 Diamond Bar Bl., btw Clear Creek Canyon & Mountain Laurel - 3,000,000 streetscape Diamond Bar Bl., at Grand Ave. - streetscape, landscape, intersection 650,000 treatment Diamond Bar Bl., at Mountain Laurel/Frontage Road (west side) - 75,000 streetscape Diamond Bar Bl., btw Fountain Springs & Cold Springs - streetscape, 950,000 landscape Diamond Bar Bl., btw Crooked Creek & Brea Canyon Rd. - streetscape, 900,000 landscape Diambar\redexhc 2 ESTIMATED COST PROGRAMS (1997 DOLLARS) Streetscape Improvements, continued Brea Canyon Rd., btw north & south City limits - parkway improvements 1,000,000 Brea Canyon Rd., at north City limits - streetscape, entry statement 350,000 Brea Canyon Rd., at Glendale - ditch/drainage improvements 200,000 Brea Canyon Rd., at Pathfinder Rd. - streetscape 350,000 Brea Canyon Rd., at south City limits - streetscape, entry statement 350,000 Lemon Ave., at Lycoming - entry statement 350,000 Lemon Ave., north of Golden Springs Dr. - median 200,000 Golden Springs Dr., at west City limits - entry statement 350,000 Golden Springs Dr., at Lemon - streetscape 350,000 Golden Springs Dr., btw Lemon & Gona Ct - median 250,000 Golden Springs Dr., at Brea Canyon Rd. - streetscape, landscape, 650,000 intersection treatment Golden Springs Dr., at Adel - landscape 50,000 Golden Springs Dr., btw Gateway Center & Copley - streetscape, 500,000 sidewalks Golden Springs Dr., at Grand Ave. - streetscape, landscape intersection 650,000 treatment Golden Springs Dr., along Diamond Bar Golf Course - parkway 150,000 improvements Golden Springs Dr., btw Prospectors & Torito - streetscape, intersection 950,000 treatment Diambar4edexhc J ESTIMATED COST PROGRAMS (1997 DOLLARS) Streetscape Improvements, continued Golden Springs Dr., at Rancheria/frontage Road (south side) - streetscape 60,000 Golden Springs Dr., btw Platina & El Encino/frontage Road (north side) - 120,000 streetscape Golden Springs Dr., at Ballena/frontage Road (south side) - streetscape 50,000 Grand Ave., at west City limits - streetscape, landscape, entry statement 450,000 Grand Ave., along Diamond Bar Golf Course - parkway improvements 65,000 Grand Ave., at Golden Springs - streetscape, landscape, intersection 650,000 treatment Grand Ave., at 800 S. Grand - streetscape 250,000 Grand Ave., btw Summit Ridge & Longview - streetscape, landscape 1,100,000 (-2,000') Grand Ave., at east City limits - streetscape, landscape, entry statement 350,000 Pathfinder Rd., at west City limits - entry statement 300,000 Pathfinder Rd., btw west City limits and Diamond Bar Bl. - median 500,000 Pathfinder Rd., at Evergreen Springs/Frontage Road - streetscape 50,000 Walnut Dr., at west City limits - entry statement 250,000 and other similar improvements which may be of benefit to the Diamond Bar Economic Revitalization Area. TOTAL $20,160,000 Di mb.,V.de,hc 4 ESTIMATED COST PROGRAMS (1997 DOLLARS) Signalization and Circulation Improvements To facilitate and maintain the ability to effectively and safely mitigate the future traffic circulation needs. These investments and public assets generally include street intersection modifications, signalization/signal modifications, right/left turn lanes, and access improvements. Route 57 Fwy, NB on-ramp at Diamond Bar B1./Sunset Crossing - $20,000 signalization Route 57 Fwy, SB off -ramp at Sunset Crossing - signalization 125,000 Diamond Bar Bl., at Highland Valley - left -turn signal 50,000 Diamond Bar B1., at Sunset Crossing - left -turn signal 50,000 Diamond Bar B1., at Gentle Springs - left -tum signal 50,000 Diamond Bar B1., at K -Mart entrance - left turn signal 50,000 Diamond Bar B1., Golden Springs Dr. - signal modification 350,000 Diamond Bar Bl., at Tin/Highcrest - signalization 130,000 Diamond Bar Bl., at Goldrush - left -turn signal 50,000 Diamond Bar Bl., at Steep Canyon - signalization 130,000 Diamond Bar B1., Clear Creek Canyon - signalization 130,000 Diamond Bar Bl., at Ralph's/Pic-N-Save intersection - signalization 130,000 Diamond Bar Bl., at Montefino - signalization 130,000 Diamond Bar B1., at Quail Summit - signalization 130,000 Diamond Bar Bl., at Maple Hill - signalization 130,000 Diamond Bar Bl., at Acacia Hill - signalization 130,000 Diamond Bar B1., at Kiowa Crest - left -turn signal 50,000 DiambarVedexhc 5 ESTIMATED COST PROGRAMS (1997 DOLLARS) Sianalization and Circulation Improvements continued Diamond Bar Bl., at Silver Hawk - signalization 130,000 Diamond Bar B1., at Morning Canyon - signalization 130,000 Diamond Bar Bl., at Shadow Canyon - protected left -turn signal 30,000 Diamond Bar Bl., at Fountain Springs - protected left -turn signal 50,000 Diamond Bar Bl., at Sugarpine - protected left -turn 50,000 Diamond Bar Bl., at Cold Springs - protected left -turn 50,000 Diamond Bar B1., at Crooked Creek - signalization 130,000 Diamond Bar B1., at Brea Canyon Rd. - intersection modification 350,000 Brea Canyon Rd., at Washington - left -turn signal 50,000 Brea Canyon Rd., at Lycoming - left -turn signal 50,000 Brea Canyon Rd., at Golden Springs Dr./Route 60 Fwy - intersection 350,000 modification Brea Canyon Rd., at Via Sorella/Glenbrook - signalization 250,000 Brea Canyon Rd., at Diamond Crest Estates access - signalization 150,000 Brea Canyon Rd., at South Pointe Middle School access - signalization 200,000 Brea Canyon Rd., at Pathfinder Rd. - left -turn signal 50,000 Brea Canyon Rd., at Fountain Springs - signalization 130,000 Brea Canyon Rd., at Cold Springs - signalization 130,000 Brea Canyon Rd., at Cool Springs - signalization 130,000 DiambuVedezhc 6 Dismbar\redexhc 7 ESTIMATED COST PROGRAMS (1997 DOLLARS) Sinalization and Circulation Improvements continued Brea Canyon Rd., at Silver Bullet - signalization 130,000 Lemon Ave., at Lycoming - signalization 130,000 Lemon Ave., at Walnut - signalization 130,000 Lemon Ave., at Earlgate/WVUSD Education Center - signalization 250,000 Lemon Ave., at Golden Springs Dr. - left -turn signal 50,000 Brea Canyon Cutoff Rd., at Fallow Field - left -turn signal 50,000 Brea Canyon Cutoff Rd., at Route 57 Fwy SB on & off -ramps - 130,000 signalization Golden Springs Dr., at Calbourne/Arkley - signalization 250,000 Golden Springs Dr., at Rapid View - signalization 150,000 Golden Springs Dr., at Adel - signalization 150,000 Golden Springs Dr., at Caltrans Yard - signalization 130,000 Golden Springs Dr., at Grand Ave. - intersection modification 250,000 Golden Springs Dr., at Raquet Club/Golf Course - signalization 250,000 Golden Springs Dr., at Golden Prados - left -turn signal 50,000 Golden Springs Dr., at Prospectors - left -turn signal 50,000 Golden Springs Dr., at Rancheria - signalization 130,000 Golden Springs Dr., at Platina - signalization 130,000 Golden Springs Dr., at San Leandro - signalization 130,000 Dismbar\redexhc 7 ESTIMATED COST PROGRAMS (1997 DOLLARS) Signalization and Circulation Improvements continued Golden Springs Dr., at Ballena - left -turn signal 50,000 Golden Springs Dr., at Carpio - left -turn signal 50,000 Golden Springs Dr., at Sylvan Glen - signalization 130,000 Golden Springs Dr., at High Knob - signalization 130,000 Grand Ave., at apartments/800 S. Grand - left -turn signal 50,000 Grand Ave., at Cahill - signalization 150,000 Grand Ave., at Cleghorn - signalization 150,000 Grand Ave., at Country View - signalization 150,000 Grand Ave., at Shotgun - left -turn signal 50,000 Pathfinder Rd., at Peaceful Hills - signalization 150,000 Pathfinder Rd., at Evergreen Springs - left -turn signal 50,000 Preparation of a traffic signal system master plan for all streets which may 50,000 be of benefit to the Diamond Bar Economic Revitalization Area. Assistance in construction of circulation improvements which may be of benefit to the Diamond Bar Economic Revitalization Area. and other similar improvements which may be of benefit to the Diamond Bar Economic Revitalization Area. TOTAL $8,075,000 DiambaAredmhc 8 ESTIMATED COST PROGRAMS (1997 DOLLARS) Sewer/Storm Drain Improvements $100,000 Preparation of a sewer master plan for all property within the Diamond Bar Economic Revitalization Area. Preparation of a storm drain master plan for all property within the Diamond Bar Economic Revitalization Area. $100,000 and other similar improvements which may be of benefit to the Diamond Bar Economic Revitalization Area. TOTAL $200,000 Public Facilities Improvements Park development (Site D) - eg. buildings, recreation facilities, ball fields $10,000,000 Summit Ridge Park (expansion) - eg. buildings, senior center, recreation 5,000,000 facilities, ball fields Heritage Community Center (expansion) - eg. 1,000 sq. ft. meeting room 150,000 Sycamore Canyon Park (improvements) - eg. multi-user bandshell/gazebo 250,000 shell, portable replacement, picnic shelter, corporate yard improvements Ronald Regan Park (improvements) - eg. tennis and basketball courts, light 100,000 fixtures replacement Peterson Park (expansion) - eg. parking, lighted tennis and basketball 100,000 courts Larkstone Park (development) 500,000 Diamond Bar High School, South Pointe Middle School - 450,000 lighting improvements, tennis and basketball courts, ball fields Diambarkedexhc 9 ESTIMATED COST PROGRAMS (1997 DOLLARS) Public Facilities Improvements, continued Diamond Ranch High School, Lorbeer Middle School - lighting improvements, tennis and basketball courts, ball fields Library (expansion/development) - retrofit and other similar improvements which may be of benefit to the Diamond Bar Economic Revitalization Area, TOTAL Diambw\r.de he 10 450,000 250,000 $17,250,000 TO: Honorable Mayor and Members of the City Council Honorable Chairman and Agency Members FROM: Terrence L. Belanger, City Manager / Executive Director DATE: May 20, 1997 SUBJECT: Actions Relating to the Joint Public Hearing in Connection with the Redevelopment Plan and related Environmental Impact Report for the Diamond Bar Economic Revitalization Area Recommendation: That the Diamond Bar City Council ("City Council") and the Diamond Bar Redevelopment Agency ("Agency") take the following actions 1. Hold a joint public hearing with respect to the Redevelopment Plan for the Diamond Bar Economic Revitalization Area ("Redevelopment Plan") and the Final Environmental Impact Report CEW') related thereto. 2. Continue the joint public hearing on the Redevelopment Plan to Jule 3, 1997 at 7:00 PM in the Council Chambers for the sole purpose of considering the exclusion of certain properties from the Diamond Bar Economic Revitalization Area. Background: On April 15, 1997, the Agency and City Council set the time and date for the joint public hearing and directed that all appropriate notices to be published and mailed to all required entities or persons as prescribed by the California Community Redevelopment Law, Health and Safety Code Section 33000, CL ga. ("CRL"), and authorized staff to publish and mail notices regarding the Environmental Impact Report as prescribed by California Environmental Quality Act ("CEQA") guidelines. The City Council, as well as the Agency, also authorized and consented to a joint public hearing on the proposed Redevelopment Plan in accordance with Section 33355 of the CRL. Additionally, the City Council and the Agency adopted Resolution Nos. 97-27, and R-97- 06, respectively, making a finding that the use of tax increment revenues, allocated for low and moderate income housing, outside of the area encompassing the Diamond Bar Economic Revitalization Area ("Project Area") would benefit the Diamond Bar Economic Revitalization Area ("Project"). Prior to the opening of the joint public Participation Preferences for Property Owners adopted General Relocation Rules; approved D6mbwkk*&ek hearing, the Agency adopted Rules Governing , Operators of Businesses, and Business Tenants; the Redevelopment Plan and the Report to City Uonor,w64 AAwyor osadof &I— Ci&y Ovwvii Honorable Chairs and Agency Members May 20, 1997 Page 2 Council for the Redevelopment Plan for the Diamond Bar Economic Revitalization Area ("Report to City Council") and directed the transmittal of this document to the City Council. Although no formal action will be taken by the City Council on the Report to City Council itself, it is being submitted to assist the City Council in the consideration of the proposed Redevelopment Plan, and to make various findings and determinations. The Report to City Council contains information such as the reasons for selection of the area within the boundaries of the Project, a description of physical and economic conditions in the Project, programs proposed as part of the Project, and the method of financing the Project. In addition, the Report to City Council contains a comprehensive administrative record of all redevelopment plan adoption activities including consultations with the Ad -Hoc Advisory Committee ("AHAC"), property owners, businesses, community organizations, and affected taxing agencies. Staff and consultants will provide a presentation on this document during the joint public hearing. The Agency has also followed the appropriate environmental review process, pursuant to the California Environmental Quality Act ("CEQA'), with respect to the adoption of the Ralevelopment Plan. On November 19, 1996, the Initial Study/Notice of Preparation was transmitted to all taxing agencies and responsible agencies, commencing the 30 day circulation period of this document. AH comments on the Initial Study/Notice of Preparation were incorporated into the Draft OR, which was prepared and transmitted to all required public agencies, the Planning Commission, and other entities on March 11, 1997. The Notice of Coaapietioec and Availability for the Draft E1R was also posted and circulated on March 11, 1997. The Notice of Completion initiated the mandatory 45 day review period for the Draft EK which extended through April 25, 1997. The Planning Commission conducted a noticed public hearing on April 8, 1997 for the purpose of taking public testimony on the Draft EIR. All comments received on the Draft E13L during this 45 day review period have been incorporated into the Final EK pursuant to the requirements of CEQA. The Agency and the City Council have received the Final EIR and will hear public testimony related thereto during the joint public hearing. Staff and consultants will provide a presentation on this document during the joint public hearing. The Mitigation Monitoring Program and a Statement of Overriding Considerations are included as part of the Find EIR and sets forth measures to be taken by the City Council which will ensure that significant environmectal effixts or impacts resulting from the implementation of the Redevelopment Plan will be mitigated or avoided. The joint public hearing is intended to provide a forum for the receipt of public comment on the Redevekgmw t Plan and Final EIR Once public testimony is received, the Agency and City CWncil will c ontiaw the joint public hearing until June 3, 1997, in order to allow the Diamond Bar Planning Commission ("Planning Commission") to prepare its report and recommendations regarding the exclusion of territory from the Project Area. Pursuant to the action taken by the Agency prior to the opening of the joint public hearing, the Agency requested that the Planning Commission consider and ad on this matter on May 27, 1997. Once the Planning Commission provides a recommendation, the Agency may recommend to the City Council that these certain properties be excluded from the Project Area on June 3, 1997. The joint public hearing on the Honorable Mayor and Members of the City Council Honorable Chairman and Agency Members May 20, 1997 Page 3 Redevelopment Plan would be continued for the purposes of taking public testimony only on the exclusion of properties and the City Council may formally approve the exclusion of these properties from the Project Area, certify the Final EIR, and give the first reading of the ordinance adopting the Redevelopment Plan. 9.1 SEE ATTACHED BINDER SOLUTION NO. A RESOLUTION OF THE DIAMOND BAR REDEVELOPMENT AGENCY APPROVING ITS REPORT TO CITY COUNCIL IN CONNECTION WITH THE PROPOSED REDEVELOPMENT PLAN FOR THE DIAMOND BAR ECONOMIC REVITALIZATION AREA OF THE AQENCY AND AUTHORIZING ITS TRANSMITTAL THE DIAMOND BAR REDEVELOPMENT AGENCY BPJMY FINDS, ORDERS, DETERMINES AND RESOLVES AS FOLLOWS: Section 1. Pursuant to the Community Redevelopment Law (Health and Safety Code Section 33000, 9L no.), the Diamond Bar Redevelopment Agency (the "Agency") has prepared,& proposed Redevelopment Plan (the "Redevelopment Plan") for the Diamond Bar Economic Revitalization Area. In connection therewith, the Agency has prepared the Agency's Report to City Council (the "Report"), which is the reports and information raquired by Health and Safety code Section 33352. The Redevelopment Plan and Report are on file in the office of the City Clerk and available for public inspection Section 2. Health and Safety Code Section 33345 provides that the Agency must adopt and make available for public inspection rules to implement the operation of owner participation in .connection with the proposed Redevelopment Plan. Health and Safety Code Section 33339.5 provides that the Agency must adopt and make available for public inspection rules regarding the extension of reasonable preferences to persons who are engaged in business in the Project Area to reenter in business within the redeveloped area if they otherwise meet the requirements prescribed in the Redevelopment Plan. Pursuant to Health and Safety Code Sections 33345 and 33339.5, the Agency previously prepared and approved draft rules governing participation and preferences by property owners and business occupants (the "Owner Participation Rules") which are on file in the office of the City Clark and available for public inspection. Section 3. Health and Safety Code Section 33411 provides that the Agency must prepare a method of relocation for families, persons and nonprofit local community institutions to be temporarily or permanently displaced from the Project Area. Pursuant to Health and Safety Code Section 33411, the Agency previously prepared and approved a draft method.of relocation for the Project Area (the "Method of Relocation") which is on file in the office of the City Clark and available for public inspection. $S"ien 4. The Agency hereby finally approves and adopts the Owner Participation Rules and the Method of Relocation. Section S. The Agincy hereby approves the Report and authorizes and directs the Executive Director of the Agency to 970612 10672-00401 rdh 1672195 0 0 transmit the Report and the Redevelopment Plan to the City Council. PASSED, APPROVED and ADOPTED this day of 1997. C irman ATTEST: Secretary 970!11 10672-00001 zdb 1972873 0 " 2 RESOLUTION NO. A RESOLUTION OF THE DIAMOND BAR REDEVELOPMENT AGENCY P-2022TING THE PLANNING COMMISSION TO PREPARE ITS REPORT AND RECOW=DATION IN CONNECTION WITS EXCLUDING CERTAM PROPMTY FROM Tan DIAMOND BAR ECONOMIC REVITALISATION AREA THE DIAMOND BAR REDEVELOPMENT AGENCY HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS: Section 1. The City Council of the City of Diamond Bar and the DiaaoMd Dar Redevelopment Agency are undertaking proceedings to adopt a redevelopsent plan for the Diamond Bar Economic Revitalisation Area (the wProjct Ares■). Section 2. The City Council proposes to change the boundaries of the Project Area to exclude from the Project Area certain property as shown on Exhibit A, -attached hereto. Section 3. The Agency hereby requests the Planning Commission of the City of Diamond Bar to make its report and recommendation to the City Council and Agency regarding the proposed exclusion fors the Project Area of the property shown on Exhibit A, attached hereto. Section t. In connection with the proposed exclusion of certain property from the Project Area, the Agency has prepared a supplemental report to the City Council, which supplemental report is attached hereto as Exhibit 8 and is on file in the office of the City Clerk and available for public inspection. The Agency hereby approves the supplemental report and authorises and directs the Executive Director of the Agency to transmit the supplemental report to the City Council. PASSED, APPROVED and ADOPTED this day of , 1997 chairman ATTESTt Secretary 97 13 10sn- W H " PWIP 16rJW t RESOLUTION NO. A RESOLUTION OF THE PLANNING COH MISSION OF THE CITY OF DIAMOND BAR HARING ITS REPORT AND RECOQARDATION IN CONNECTION WITH EXCLUDING CBRTA31H PROPERTY FROM T= PROPOSED DIAMOND BAR ECOPCWMC REVITALIZATION AREA THE PLANKING COOiISSION OF THE CITY OF DIAMOND BAR HEREBY FINDS, DBTZM9INBS, RESOLVES AND ORDERS AS FOloWWS t 6action 14 The City Council of the City of Diamond Sar (the "City Council") and the Diamond Har Redevelopment Agency (the "Agency") are undertaking proceedings to adopt a redevelopment plan (the "Redevelop mnt Plan") for the proposed Diamond Bar Economic Revitalisation Area (the "Project Area"). Section Z. The City Council proposes to change the boundaries of the project Area to exclude from the Project Area certain property as shown on Exhibit A, attached hereto. jinction I. In connection with the proceedings for the adoption of the proposed Redevelopment Plan, the Agency and the Planning Commission cooperated in the preparation of a preliminary plan, which is on filo in the offico'of the City Clark. The Planning Commission hereby finds and determines that such preliminary plan requires modification to change the description of the boundaries of the Project Area to reflect the exclusion of the property shown on F.nhibit A, attached hereto, and hereby finds and determines that the preliminary plan, as so modified, is sufficient and does not requ re further modifications or changes. The planning Commission hereby approves the preliminary plan, as so modified. Such preliminary plan, as modified, is now on file in the office of the City Clerk. Section 4. In connection with the proceedings for the adoption of the proposed Redevelop wnt Plan, the Planning Commission, pursuant to its Resolution No. prepared and approved a report on the conformity of the Redevelopment Plan with the General plan of the City of Diamond Sar. The Planning Commission hereby finds and determines, following the exclusion of the property shown on Exhibit A. attached hereto, that the Radevelopusut Plan is in conformity with the General Plan of the city of DiatWd Har and that the Planning commission's report pursuant to its Resolution No. , is sufficient and does not require modifications or changes. Section S. The Planning Counission hereby recoumends that the City Council exclude the property shown on Exhibit A, attached hereto, from the boundaries of the Project Area. 970513 10572.00007 rdh/gp 16rAM 2 PASSED, APPROVED and ADOPTED this day of 1997 by the followinq vote, to wit: AYES: NOES% ABSENT: ABSTAIN: Chairman ATTEST: Secretary 9MIS 10M-09001 rdVjp IMAM 2 - 2 RESOLUTION NO. A RESOLUTION OF TIM DIAMOND BAR REDEVEL0PNENT AGCY APPROVAL BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR OF THE EXCLUBION OF CERTAIN PROPERTY FROM THE PROPOBED DIAMOND BAR ECONOMIC REVITALSZATION AREA THE DIAMOND BAR REDEVELOPNM AQENCY HMMY FINDS, , RESOLVES AND ORD228 AS FOLUMB: section 1. The City Council of the City of Diamond Bar (the "City Council•) and the Diamond Bar Redevelopment Agency (the "Agency") are undertaking proceedings to adopt a redevelop unt plan (the "Redevelopment Plan") for the Diamond Bar Economic Revitalization Area. Section 2. The City Council proposes to change the boundaries of the Project Area to exclude from the Project Area certain property as shown on the map attached hereto as Exhibit A. section 3. The Planning Commission of the City of Diamond Bar has recommended changing the boundaries of the Project Area to exclude the property shown on the map attached hereto as Exhibit A. Section 4. The Agency hereby recommends that the City Council change the boundaries of the Project Area to exclude the property shown on the sap attached hereto as Exhibit A. By previous resolution, the Agency approved its supplemental report to the City Council in connection with the proposed exclusion of property frooe the Project Area and the Executive Director of the Agency transmitted such supplemental report to the City Council. seatioa s. In connection with the proceedings for the adoption of the proposed Redevelopment Plan, the Agency and the Planning Commission cooperated in the preparation of a preliminary plea, which is on file in the office of the City Clerk." The Agency hereby finds and determines that such preliminary plan requires modification to change the description of the boundaries of the Project Area to reflect the exclusion of the property shownu an the map attached hereto as Exhibit A, and hereby linft and determines that the preliminary plan, as so modified, is sufficient and does not require further modifications or changes. The Agency hereby approves the prelim1nairy plan, as so modified. such preliminary plan, as modified, is now on file in the office of the City Clerk. WM13 10SM-60111 Wsp unpg 1 PASSED, APPROVED and ADOPTED thisday of 1997 by the following vote, to wit` AYES: NOES: ASSENT: ABSTAIN: ATTEST: secretary -� 970513 10572-00001 ro/@p 167M9 1 - 2 - Cha raan RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING TNR EXCLUSION OF CERTAIN PBOPaRTT FROM TAS PROPOSED DIANOMD BAR RCDNQKIC RZVITALISATION AREA THS CITY COUNCIL OF TRS CITY OF DIAMOND BAR HERESY FINDS, DETERMINES, RESOLVES AND ORDZRS AS FOLLOWS: Section 1. The City Council of the City of Diamond Har (the "City Council") and the Diamond Bar Redevelopa"t Agency (the "Agency") are undertaking proceedings to adopt a redevelopuent plan (the Oledevelopment Plan•) for the proposed Diamond Bar Econcaic Revitalization Area, (the "Project Area"). Sectian 2. The City Council desires to approve a change of boundaries of the Project Area by excluding property from the Project Area. The property to be excluded is shown on the map attached hereto as Exhibit A. Section 3. The Agency and the Planning Co ission of the City of Diamond Bar have recaaaanied excluding the property shown on the map attached hereto as Exhibit A from the Project Area. Section A. The City Council and the Agency have considered the change in boundaries of the Project Area at a joint public hearing reopened for such limited purpose. seetien s. The City Council hereby changes the boundaries of the Project Area by excluding from the Project Area the property shown on the map attached hereto as Exhibit A. PASSED, APPROWD and ADOP22D this day of , 1997 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Mayo ATTEST: city clarx 9MV 10srt-Mm rdh 1rge 0 JOINT PUBLIC HEARING PROCEDURES THE PROPOSED REDEVELOPHINT PLAN FOR THE DIAMOND BAR ECONOMIC RBVITALIZI'1'IOM ARBA AND THE MV ROMIENTAL IMPACT REPORT PREPARED IN CONNECTION THERENITR May 20, 1997 A. Agency considers Resolution approving Owner Participation Rules, Method of Relocation, and the Agency's Report to the City Council and transmitting the Report and proposed Redevelopment Pian to the City Council. B. Agency considers Resolution Requesting the Planning Commission to Prepare Its Report and Reooamendation in connection with Excluding Certain Property from the Proposed Diamond Bar tic Revitalisation Area Mayos: "I now declare the joint public hearing of the Diasw:d Bar City Council and the Diamond Bar foror thel Diamond BniaonosicpRevr talizaatti/on Aromiaatan dlan the Envirommmental Impact Report prepared in connection therewith open.. The poste of this joint public bearing is to considsrp the proposed adoption of the Redevelopment Plan for the Diamond Bar mimic Revitalisation Area, the Final Environrsutal Impact Report on the Rsdevelop•ent Plan and the proceedings relating thereto. This evening the Agency staff and consultants will present evidence and testimony ragardiaq the Redevelopment Plan and the Environmental Impact Report. Further we will tabs public testimony in aauieotion with the Redevelopment Plan and the Environmental ImQaat Report. Under the law it is my responsibility to. preside over this joint public hearinq. The State law under which ewer ars I W R F -ding is Part 1 of Division 24 of the Hemlth and Safety Co", commencing with Section 33000 (commonly referred to as the 'Cam�unity Redevelopment LWO) and the California Environmental Quality Act, Co MCIW with Section 21000 of the Public Resources Coal (commonly referred to as ' Com') . The following documents will be under consideration and made•a part of the record of the joint public hearing: PM13 :asst--sm rdj/s Kann 1 (1) The proposed Redevelopment Plan for the Diamond Bar Economic Revitalization area, and (2) The Agency's Report to the City Council, which includes, among other information, the Final Environmental Impact Report on the Redevelopment Plan. Tonight the Agency adopted a resolution requesting the Planning Commission to prepare its report and recommendation in connection with excluding certain territory from the Project Area. The Plannit Commission will consider a resolution mats report and recommendation on the exclusion ol,.terrigtory from the Project Area at its meeting of May 27th. The Agency's staff and consultants will aesariba the territory proposed to be excluded from the Project Area during their presentations tonight. Following the taking or public testimony tonight, the joint public hearing will be continued to June 3, 1997 for the sola purpose of considering the exclusion of territory from the Project Area. Mayor: "The order of procedure tonight for the joint Public hearing will be as lollowst (1) The Redevelopment Agency staff and consultants will present the proposed Redevelopment Plan, the Final 14tvir0nmsntal lapaot, and other st evid0mm and teimony regard the Redevelopment Plan and final Environmental Impact Report. (2) The City Council and Redevelopment Agency will receive any written eamm u ts. (3) The City Council and Redevelopment Agency will receive any evidence or oral testimony from those Final P ni the Redevellct oortp•ent plan or the twir Citg Clerk: "The notice of the joint public hearing was published and sailed to property owners, residents and affected taxing agencies in accordance with the Community Redevelopment. Law." 9M13 10572-00 Wgp 1672M 1 � 2 - A. 8x*cutive Director: Staff Report and introduction of Participants. B- Rosencw Spevacek Group, Inc. ("RSG"): (1) SuXMarY of proposed Redevelopment Plan. (2) summary of the Report to the City Council. (3) S'n mart' of Property proposed to be excluded from the Project Area C. Cotton/eeland/Associates, Inc. (*CottOn/BQland»): (1) Summary of the Final Saviromental Impact Report. 6 • written cominents A. RSG: Stmary of any Written comments regarding the Redevelopsant plan which sball'be made part of the record of the joint public hearing. B- Cctton/Beland: Summary of any written comments regarding the Final Environmental Impact Report Which shall be made part of the record of the joint public hearing. A. Mayor: Zxplain rules governing public testimony. wAll Persons desiring tO speak on the proposed Redevelopaent plan or Final Environmental Impact Report Will be given the OppOrtunity to speak.* 8. Public testimony regarding the Redevelopment Plan or Final Environmental Impact Report. C. Mayor: *Does anyone else desire to make a statement or present testimony concerning the Redevelop ant plan or Final Esvironaental Impact Report?* D. Additional public testimony, if any - and *The joint public hearing of the city Council .m the Revelopaant Agency is continued to June 3, 1997 at 6930 P•m• in the city Council Chambers, for the sole purpose of considering the exclusion of certain territory from the Project Area ~ 970513 lost -S M rdVop 1672M 1 - 3 For posting on the door of the City Council Chambers Within 24 hours following the Nay 20th City Council and Agency meetings: Notice of Continuance of Joint public Nearing of the City Council of the City of Diamond Har and the Diamond Har Redevelopment Agency NOTICE 19 HZRM GIVEN that the joint public hearing regarding the Proposed Rsdevelop%Mt plan for the Diamond Har Economic Revitalisation Area and the Environmental Impact Report Prepared in connection therewith scheduled for Lay 20, 1997 at 6:30 p.m. in the Council Chambers was continued to the following date, time and place: Time: 6:30 p.m. Data: June 3, 1997 Place: Comncil Chambers 21865 East Copley Drive Diamond Bar, California The joint public hearing was continued for the sole.purpose of considering the ewolusion of certain property from the proposed Diamond gar Economic Revitalization Area. VMS 10572.0000t rr 16rAw 0 TOTAL P.15 CITY OF DIAMOND BAR INTEROFFICE MEMORANDUM Date: May 16, 1997 To: Honorable Mayor and City Council From: Terrence L. Belanger, City Manager Subject: Fiscal Year 1997-98 Municipal Budget: General Fund, Special Funds and Two Year Capital Improvement Program. Submitted for your review and discussion is the preliminary Fiscal Year 1997-98 Municipal Budget. This document includes budgets for the General Fund, Special Funds and a Two Year Capital Improvement Program. A more detailed budget message will be completed and submitted to you prior to the budget workshop scheduled for May 20, 1997. The following addresses some of the highlights of the proposed budget as submitted at this time. General Fund Resources for FY97-98 amount to $10,403,900, which is down slightly from the current fiscal year revenue estimates. In FY97-98, the Motor Vehicle in Lieu and Gas Tax revenue estimates have been reduced to reflect the reduction in the per capita allocation of revenues from the State. Fines and Forfeitures Revenue has been reduced in FY97-98. The FY96-97 budget for this revenue was higher due to the one time receipt of Narcotics Seizure funds. Reflected in the From Other Agencies Revenue amount is $650,000 from the proposed sale of Prop A Transit Tax funds. It is proposed that the City partially fund both the construction of Pantera Park($600,000) and the refurbishment of the Library($50,000) with these funds. The amount reflected in Reserved Fund Balance includes $100,000 for architectural services for a new civic center, $100,000 for the annual transfer to the Self Insurance Fund, and $50,000 for Sycamore Canyon landslide repairs. Total General Fund Expenditures for FY97-98 appear to be slightly higher. This is due to $750,000 for Transfer -Out to the Capital Improvement Fund. This line item includes transfers for Pantera Park, Civic Center Design, and Sycamore Canyon repairs. With these exclusions the General Fund expenditure budget has been reduced by approximately 8.4%. Increases in the City Manager's Division budget is due to the reallocation of personnel to more properly reflect where hours should be charged. The increase in the City Clerk's Division budget is due to anticipated election costs for the November 1997 election. The Building and Safety budget has been increased this year to reflect an increase in these activities. Page Two - FY97-98 Budget Transmittal Memorandum The increase in these costs are offset by a requisite increase in Building and Safety revenues. The significant decrease in the Economic Development budget is due to the anticipation that these efforts will be funded primarily by the Redevelopment Agency in the future. This budget also includes a Two Year Capital Improvement Plan. Several of the proposed street improvement projects will take two years to complete. Therefore, they have been noted as such on the Capital Improvement Plan. The budgets for the two year projects will be split evenly between FY97-98 and FY98-99. The CIP budget and Special Funds budgets reflect only the FY97-98 amounts. Prepared by: Linda G. Magnuson. Accounting Manager CITY OF DIAMOND BAR GENERAL FUND BUDGET F.Y. 1997-98 ESTIMATED RESOURCES Property Taxes Other Taxes State Subventions Fines & Forfeitures From Other Agencies Current Svc Charge Use of Money & Prop. Transfer -in Other Funds Reserved Fund Balance Total Est. Resources APPROPRIATIONS City Council City Attorney City Manager City Clerk Finance General Government Com Svcs Center Community Relations Economic Development Planning Building and Safety Community Services Law Enforcement Volunteer Patrol Fire Animal Control Emergency Prepardness Public Wks/Engineering Transfer -out Other Funds Total Appropriations NET CHANGE IN FUND BALANCE 19-W- 97 Cly Manager city Counci M!god Bud vat RAcommsnded. Approved 2,040,000 2,035,000 3,180,000 3,180,000 2,487,500 1,881,700 465,825 241,000 5,000 650,000 890,560 933,450 544,500 626,000 738,230 606,750 190,000 250,000 10,541,615 10,403,900 0 122,750 115,800 150,000 150,000 442,480 452,760 246,251 254,685 247,420 237,050 541,600 412,150 39,300 28,550 141,340 123,850 125,010 62,510 579,650 468,100 200,000 250,000 1,461,755 1,294,255 3,806,750 3,704,500 8,805 7,550 7,530 7,530 65,850 65,000. 30,350 28.100 1,384,114 1,312,875 322,525 1,067,500 9,923,480 10,042,765 0 618,135 361,135 0 -1- CITY OF DIAMOND BAR GENERAL FUND ESTIMATED RESOURCES 1997-98 Property Taxes: 001-3001 Current Secured 001-3002 Current Unsecured 001-3005 Supplemental Roll 001-3020 Misc. Property Taxes Other Taxes: 001-3135 001-3101 Sales Tax 001-3120 Transient Occupancy 001-3121 Franchise 001-3130 Property Transfer Subventions - State: 001-3135 Motor Veh-in Lieu 001-3136 Mobile Home In -Lieu 001-3145 Homeowners Exemption 001-3180 Off Highway Tax Fines & Forfeitures: 001-3215 Traffic Fines 001-3220 General Fines 001-3223 Parking Fines 001-3225 Vehicle Impound Fees 001-3227 False Alarm Fees 001-3230 Narcotics Seizure Revenue 001-3235 Graffiti Restitution From Other Agencies: 001-3355 Intergovt Revenue - Other Cities 001-3360 Economic Development Grants Current Svc. Charges: Building Fees: 001-3411 Bldg Permits 001-3412 Plumbing Permits 001-3413 Electrical Permits 001-3414 Mechanical Permits 001-3416 Industrial Waste Fee 001-3420 Permit Issuance Fee 001-3425 Inspection Fees 001-3430 Plan Check Fee 1898-9? C4 Mansgec City.. Council Adjustsd Est;. Reoo wnan f' Approved 1,800,000 1,800,000 120,000 120,000 110,000 110,000 10,000 5,00b 2,040,000 2,035,000 0 2,200,000 2,200,000 210,000 210,000 650,000 650,000 120,000 120,000 3,180,000 3,180,000 0 2,450,000 1,850,000 1,000 0 30,000 30,000 1,500 1,700 2,482,500 1,881,700 0 100,000 15,000 5,000 85,000 70,000 15,000 15,000 50,000 50,000 300,325 500 500 500 465,825 241,000 0 650,000 5,000 5,000 650,000 0 120,000 165,000 12,000 15,000 19,000 23,700 8,000 10,000 10,000 11,000 25,000 31,250 7,500 7,500 100,000 140,000 -2- CITY OF DIAMOND BAR Recreation Fees: GENERAL FUND ESTIMATED RESOURCES Community Activities 001-3473 1997-98 001-3474 Athletics 001-3476 1928-97 001-3478 City Manager City Council 001-3479 Special Event Fees 933,450 0 Ad _ ted Est Recnmcne WWa Ap ed 001-3435 SMIP Fee 2,500 2,500 Planning Fees: 5,000 1,000 001-3441 Environmental Fees 10,000 10,000 001-3442 Adv. Planning Fees 500 0 001-3443 Current Planning Fees 40,000 25,000 001-3450 Miscellaneous Permits 500 500 Engineering Fees: 001-3461 Engr. Plan Check Fees 70,000 70,000 001-3462 Engr. Permit Issuance Fees 5,000 4,000 001-3463 Engr. Encroachment Fees 4,000 3,000 001-3464 Engr. Inspection Fees 75,000 50,000 001-3465 Engr. Soils Review Fees Recreation Fees: 001-3472 Community Activities 001-3473 Senior Activities 001-3474 Athletics 001-3476 Fee Programs 001-3478 Contract Classes 001-3479 Special Event Fees Use of Money and Property: 001-3610 Interest Earnings 001-3615 Returned Check Charges 001-3620 Rents & Concessions 001-3635 Sale/Printed Material 001-3636 Sale/Printed Materiai-Engr 001-3690 Miscellaneous Revenue Interfund Transfers Fund Balance Reserve GENERAL FUND TOTAL 26,000 26,000 8,000 8,000 82,560 56,000 65,000 65,000 130,000 140,000 70,000 70,000 890,560 933,450 0 500,000 600,000 1,000 500 25,000 15,000 6,500 5,000 1,000 500 11,000 5,000 544,500 626,000 0 738,230 606,750 190,000 250,000 10,536,615 10,403,900 0 -3- CITY OF DIAMOND BAR DEPARTMENT Legislative ESTIMATED EXPENDITURES DIVISIOI[: Summary 1997-98 ACCOUNT ilk: 4010-4040 1996-97 City Manager City Council Adjusted Budget Recommended Approved PERSONNEL SERVICES 0010 Salaries 0020 Overtime 0030 Wages - Part time 0070 City Paid Benefits 0080 Retirement 0083 Worker's Comp Exp. 0085 Medicare 0090 Cafeteria Benefits 2320 TOTAL PERSONNEL SVCS SUPPLIES 1200 Operating Supplies 1300 Small Tools & Equip TOTAL SUPPLIES OPERATING EXPENDITURES 2110 Printing 2115 Advertising 2120 Postage 2125 Telephone 2130 Rental/Lease-Equip. 2200 Equipment Maint. 2310 Fuel 2315 Membership & Dues 2320 Publications 2325 Meetings 2330 Travel-Conf & Mtgs 2335 Mileage & Auto Allow 2340 Education & Training 2390 Elections 0 TOTAL OPERATING EXP. PROFESSIONAL SERVICES 444,250 470,450 0 7,000 2,000 0 25,250 10,950 0- 8,780 9,150 0 67,550 70,700 0 7,520 7,730 0 8,250 7,700 0 95,200 99,300 0- $663,800 $677,980 $0 4,500 3,600 0 1,000 200 0- $5,500 $3,800 $0 1,000 500 0 4,200 2,100 0 100 0 0 2,500 2,400 0 200 0 0 1,150 1,100 0 1,000 1,000- 0 1,750 1,700 0 1,100 790 0 7,650 6,125 0 29,500 23,200 0 1,250 950 0 2,000 1,000 0 18,681 35,000 0 $72,081 $75,865 $0 4000 Professional Svcs 40,100 40,600 0 4020 Legal Services 75,000 75,000 4021 Special Legal Svcs 75,000 75,000 4030 Prof Svcs-DataProcessing 30,000 25,000 TOTAL PROF SVCS $220,100 $215,600 $0 DEPARTMENT TOTAL $961,481 $973,245 $0 -4- CITY OF DIAMOND BAR ESTIMATED EXPENDITURES 1997-98 DEPARTMENT: DIVISION: ACCOUNT M. Legislative City Council 4010 1998-97 City Manager City Council Adjusted Budget Recornrnended Approved PERSONNEL SERVICES 0010 Salaries 30,000 30,000 0070 City Paid Benefits 3,400 3,400 0080 Retirement 4,200 4,200 0083 Workers Comp. Exp. 300 300 0085 Medicare 450 450 0090 Cafeteria Benefits 34,200 34,200 TOTAL PERSONNEL SVCS $72,550 $72,550 $0 SUPPLIES 1200 Operating Supplies 1,500 1,000 TOTAL SUPPLIES $1,500 $1,000 $0 OPERATING EXPENDITURES 2110 Printing 500 250 2315 Membership & Dues 100 100 2320 Publications 400 200 2325 Meetings 5,000 4,000 2330 Travel-Conf & Mtgs 17,000 12,500 2340 Education & Training 500 0 TOTAL OPERATING EXP. $23,500 $17,050 $0. PROFESSIONAL SERVICES 4000 Professional Svcs 25,200 25,200 TOTAL PROF. SERVICES $25,200 $25,200 DIVISION TOTAL $122,750 $115,800 $0 -5- CITY OF DIAMOND BAR ESTIMATED EXPENDITURES 1997-98 DEPARTMENT:_ DIVISION: ACCOUNT #-- Legislative CityAttorney 4020 1996-97 City Manager City Council Adjusted Budget Recommended Approved PROFESSIONAL SERVICES 4020 Legal Services 75,000 75,000 4021 Special Legal Svcs 75,000 75,000 TOTAL PROF. SVCS. 150,000 150,000 0 DIVISION TOTAL $150,000 $150,000 $0 Ism CITY OF DIAMOND BAR ESTI MATED EXPENDITURES 1997-98 DEPARTMENT: DIVISION: ACCOUNT 8: Legisiabve. City Manager 4030 1996-97 City Manager City Council Adjusted Budget Recommended Approved PERSONNEL SERVICES 0010 Salaries 288,250 314,450 0020 Overtime 5,000 0030 Wages - Part time 25,250 10,950 0070 City Paid Benefits 3,330 3,700 0080 Retirement 45,700 48,850 0083 Worker's Comp Exp 5,950 6,160 0085 Medicare /Social Security 5,950 5,400 0090 Cafeteria Benefits 40,100 44,200 TOTAL PERSONNEL SVCS $419,530 $433,710 $0 SUPPLIES 1200 Operating Supplies 1,000 750 1300 Small Tools & Equip 500 100 TOTAL SUPPLIES $1,500 $850 $0 OPERATING EXPENDITURES 2110 Printing 500 250 2115 Advertising 200 100 2120 Postage 100 0 2125 Telephone 2,000 2,000 2130 Equipment Rent 200 0 2200 Equipment Maint. 1,000 11000 2310 Fuel 1,000 1,000 2315 Membership & Dues 1,200 1,200 2320 Publications 600 500 2325 Meetings 2,500 2,000 2330 Travel-Conf & Mtgs 9,000 7,500 2335 Mileage & Auto Allow 750 750 2340 Education & Training 1,000 500 TOTAL OPERATING EXP. $20,050 $16,800 $0 PROFESSIONAL SERVICES 4000 Professional Svcs 1,400 1,400 TOTAL PROF. SVCS. $1,400 $1,400 DIVISION TOTAL $442,480 $452,760 $6- -7- CITY OF DIAMOND BAR DEPARTMENT. Legislative ESTIMATED EXPENDITURES DIV 4QW City Clerk 1997-98 ACCOUNT ilk: 4040 1996-97 City Manager City Council Adjusted Budget Recommended Approved PERSONNEL SERVICES 0010 Salaries 0020 Overtime 0070 City Paid Benefits 0080 Retirement 0083 Worker's Comp. Exp. 0085 Medicare/Social Security 0090 Cafeteria Benefits 2335 TOTALPERSONNELSVCS SUPPLIES 1200 Operating Supplies 1300 Small Tools & Equip TOTAL SUPPLIES OPERATING EXPENDITURES 2115 Advertising 2125 Telephone 2200 Equipment Maint. 2315 Membership & Dues 2320 Publications 2325 Meetings 2330 Travel-Conf & Mtgs 2335 Mileage & Auto Allow 2340 Education & Training 2390 Elections $171,720 TOTAL OPERATING EXP PROFESSIONAL SVC 4000 Professional Services 4030 Prof Svcs - Data Processing TOTAL PROF. SVCS 126,000 126,000 2,000 2,000 2,050 2,050 17,650 17,650 1,270 1,270 1,850 1,850 20,900 20,900 $171,720 $171,720 $0 2,000 1,850 500 100 $2,500 $1,950 $0 4,000 2,000 500 400 150 100 450 400 100 90 150 125 3,500 3,200 500 200 500 500 18,681 35,000 $28,531 $42,015 $0 13,500 14,000 30,000 25,000 $43,500 $39,000 $0 DIVISION TOTAL $246,251 $254,685 $0 -8- CITY OF DIAMOND BAR I DEPARTMENT: General Govt. ESTIMATED EXPENDITURES 1997-98 VISION: Summary ZCOUNTM4050-96' 1996-97 City Manager City Council Adjusted Budget Recommended Approved PERSONNEL SERVICES 0010 Salaries 175,050 177,200 0 0020 Overtime 3,000 3,000 0 0070 City Paid Benefits 2,760 2,760 0 0080 Retirement 24,900 26,300 0 0083 Worker's Comp Exp. 1,920 1,850 0 0085 Medicare 2,650 2,700 0 0090 Cafeteria Benefits 28,490 28,500 0 0093 Benefits Administration 1,200 1,200 0 TOTAL PERSONNEL SVCS $239,970 $243,510 $0 SUPPLIES 1200 Operating Supplies 24,050 20,050 0 1300 Small Tools & Equip 1,200 450 0 TOTAL SUPPLIES $25,250 $20,500 $0 OPERATING EXPENDITURES 2100 Photocopy 7,500 5,000 0 2110 Printing 57,800 43,500 0 2111 Pre -Press Printing 12,000 13,500 0 2112 Photography 1,500 1,200 0 2113 Engraving Services 2,450 2,500 0 2115 Advertising 9,000 8,900 0 2120 Postage 30,000 28,500 0 2121 Mailing Services 2,000 1,500 0 2125 Telephone 28,200 25,200 0 2126 Utilities 3,000 2,750 0 2128 Banking Charges 1,700 1,700 0 2130 Rental/Lease-Equip. 14,000 11,000 0 2140 Rent/Lease-Real Prop 190,300 177,100 .0 2141 Rental/Show Space 3,000 3,000 0 2200 Equipment Maint. 10,200 9,500 0 2205 Computer Maint 9,000 7,500 0 2210 Matnt Grounds & Bldg 46,000 25,000 0 2310 Fuel 1,500 1,500 0 2315 Membership & Dues 29,150 29,300 0 2320 Publications 2,100 1,800 0 2325 Meetings 13,150 12,650 0 2330 Travel-Conf & Mtgs 19,300 14,800 0 2335 Mileage & Auto Allow 150 150 0 2340 Education & Training 2,000 1,800 0 2345 Employment Physicals 2,000 1,500 0 2352 Promotional Items 15,000 11,000 0 2353 Anniversary 10,000 10,000 0 2355 Contr-Community Grps 5,000 3,000 0 2360 Graffiti Reward Program 2,500 1,000 0 2395 Misc. Expenditures 750 450 0 TOTAL OPERATING EXP. $530,250 $456,300 $0 -9- CITY OF DIAMOND BAR DEPARTMENT., General Govt. ESTIMATED EXPENDITURES DIVISION: Summary 1997-98 AICCOUNT #: 4050.96 DEPARTMENT TOTAL $1,094,670 $864,110 $0 -10- 1996-97 City Manager City Council Adjusted Budget Recommended Approved PROFESSIONAL SERVICES 4000 Professional Svcs 89,000 78,000 0 4010 Auditing Services 48,500 49,300 0 4030 Data Processing Svcs 12,550 13,000 0 TOTAL PROF SVCS $150,050 $140,300 $0 CONTRACT SERVICES 5090 Contract Svcs -Econ Development 50,000 0 0 TOTAL CONTRACT SVCS. $50,000 $0 $0 CAPITAL OUTLAY 6200 Office Equipment 3,050 3,500 0 6220 Office Furniture 5,000 6230 Computer Equipment - Hardware 28,200 0 0 6235 Computer Equipment - Software 56,500 6250 Misc Equipment 5,000 0 0 6310 Building Improvements 1,400 0 0 TOTAL CAPITAL OUTLAY $99,150 $3,500 $0 DEPARTMENT TOTAL $1,094,670 $864,110 $0 -10- CITY OF DIAMOND BAR ESTIMATED EXPENDITURES 1997-98 DEPARTMENT: DIVISlOI : ACCOUNT #: General Govt. Finance 4o5a' 1996-97 City Manager City Council PERSONNEL SERVICES Adjusted Budget Recommended Approved _ 0010 Salaries 133,500 135,650 0020 Overtime 3,000 3,000 0070 City Paid Benefits 2,050 2,050 0080 Retirement 18,050 19,450 0083 Wkr's Comp. 1,470 1,400 0085 Medicare 2,000 2,050 0090 Cafeteria Benefits 21,250 21,250 TOTAL PERSONNEL SVCS $181,320 $184,850 $0 SUPPLIES 1200 Operating Supplies 1,450 1,300 1300 Small Tools & Equipment 200 x200 TOTAL SUPPLIES $1,650 $1,500 $0 OPERATING EXPENDITURES 2110 Printing 4' 800 4,000 '700 2315 Membership & Dues 650 2320 Publications 400 300 2325 Meetings 150 150 2330 Travel-Conf & Mtgs 2,000 1,800 2335 Mileage & Auto Allow 150 150 2340 Education & Training 1,000 800 TOTAL OPERATING EXP. $9,150 $7,900 $0 PROFESSIONAL SERVICES 4000 Professional Services 13,000 2,000 4010 Auditing Services 23,500 24,300 4030 Data Processing Svcs. 12,550 13,000 TOTAL PROF SVCS $49,050 $39,300 $0 CAPITAL OUTLAY 6200 Office Equipment 3,050 $3,500 6230 Computer Equipment 3,200 TOTAL CAPITAL OUTLAY $6,250 $3,500 $0 DIVISION TOTAL $247,420 $237,050 $0 Office Equipment proposed: Burster to burster to separate checks, purchase orders & timecrds -11- CITY OF DIAMOND BAR DEPARTMENT: General Govt. ESTIMATED EXPENDITURES DIVISION: General Govt. 1997-99 ACCOUNT M 4090 PERSONNEL SERVICES 0080 Retirement 0093 Benefits Administration TOTAL PERSONNEL SVCS SUPPLIES 1200 Operating Supplies 1300 Small Tools & Equip TOTAL SUPPLIES OPERATING EXPENDITURES 2100 Photocopy 2110 Printing 2115 Advertising 2120 Postage 2125 Telephone 2126 Utilities 2128' Banking Charges 2130 Rental/Lease-Equip. 2140 Rent/Lease-Real Prop 2200 Equipment Maint. 2205 Computer Maint 2210 Maint-Grounds & Bldg 2310 Fuel 2315 Membership & Dues 2320 Publications 2325 Meetings 2330 Travel -Conferences 2340 Education & Training 2345 Employment Physicals 2395 Misc. Expenditures 1,500 TOTAL OPERATING EXP. PROFESSIONAL SERVICES 4000 Professional Svcs 4010 Prof Svcs -Auditing 4030 Prof Svcs -Data Proc TOTAL PROF SVCS CAPITAL OUTLAY 1998-97 City Manager City Council Adjusted Budget Recommended Approved 1,000 1,000 1,200 1,200 $2,200 $2,200 $0 11,200 10,000 500 250 $11,700 $10,250 $0 7,500 5,000 8,500 7,500 500 500 15,000 15,000 25,000 24,000 1,000 750 1,700 1,700 12,000 10,000 175,800 160,000 10,200 9,500 9,000 7,500 24,000 15,000 1,500 1,500 26,500 26,500 1,700 1,500 8,000 7,500 4,800 3,500 1,000 1,000 2,000 1,500 500 250 $336,200 $299,700 $0 75,000 75,000 25,000 25,000 $100,000 $100,000 $0 6220 Office Furniture 5,000 6230 Computer Equipment -Hardware 25,000 6235 Computer Equipment -Software 56,500 6250 Misc Equipment 5,000 TOTAL CAPITAL OUTLAY $91,500 $0 $0 DIVISION TOTAL $541,600 $412,150 $0 -12- CITY OF DIAMOND BAR DEPARTMENT General Govt. ESTIMATED EXPENDITURES 1997-98 Telephone DIVISION: IACCOUNT&- Corn Svcs Ctr 4091 2126 1996-97 City Manager City Council 2140 Adjusted Budget Recommended Approved SUPPLIES Maint-Grounds & Buildings 22,000 10,000 1200 Operating Supplies 200 250 $28,300 $0 1300 Small Tools & Equip 500 6310 TOTAL SUPPLIES $700 $250 $0 OPERATING EXPENDITURES 2125 Telephone 700 700 2126 Utilities 2,000 2,000 2140 Rent/Lease-Real Prop 12,500 15,600 2210 Maint-Grounds & Buildings 22,000 10,000 TOTAL OPERATING EXP. $37,200 $28,300 $0 CAPITAL OUTLAY 6310 Building Improvements 1,400 TOTAL CAPITAL OUTLAY $1,400 $0 $0 DIVISION TOTAL $39,300 $28,550 $0 -13- CITY OF DIAMOND BAR DEPARTMENT: General Govt, ESTMUTED EXPENDITURES DIVISION; Com. Relations 1997-98 ACCOUNT #: 4095 1996-97 City Manager City Council Adjusted Budget Recommended Approved PERSONNEL SERVICES 0010 Salaries 0070 City Paid Benefits 0080 Retirement 0083 Worker's Comp Exp. 0085 Medicare 0090 Cafeteria Benefits SUPPLIES 1200 Operating Supplies TOTAL SUPPLIES OPERATING EXPENDITURES 2110 Printing 2111 Pre -Press Printing 2112 Photography 2113 Engraving Services 2115 Advertising 2120 Postage 2121 Mailing Services 2130 Rental/Lease of Equipment 2315 Membership & Dues 2330 Travel -Conferences 2352 Promotional Items 2353 Anniversary 2355 Contr Community Grps 2360 Graffiti Reward Program 2395 Misc. Expenditures $76,400 $0 TOTAL OPERATING EXP. 29,050 29,050 500 500 4,100 4,100 300 300 450 450 5,040 5,050 $39,440 $39,450 $0 8,700 8,000 8,700 $8,000 34000 . 27,000 12,000 6,000 1,500 1,200 ' 2,450 2,500 1,000 900 12,000 12,000 2,000 1,500 2,000 1,000 500 600 2,500 2,000 7,500 7,500 10,000 10,000 5,000 3,000 2,500 1,000 250 200 $93,200 $76,400 $0 DIVISION TOTAL $141,340 $123,850 $0 -14- CITY OF DIAMOND BAR DEPARTMENT: General Govt. ESTIMATED EXPENDITURES DlNI$ION: Economic Dev. 1997-98 CCOUNT #: 4098 PERSONNEL SERVICES 0010 Salaries 0070 City Pak! Benefits 0080 Retirement 0083 Worker's Comp Exp. 0085 Medicare 0090 Cafeteria Benefits SUPPLIES 1200 Operating Supplies TOTAL SUPPLIES OPERATING EXPENDITURES 2110 Printing 2111 Pre -Press Printing 2115 Advertising 2120 Postage 2126 Telephone 2140 Rental/Lease Real Property 2141 Rental/Exihibition Space 2315 Membership/Dues 2325 Meetings 2330 Travel-Conf & Meetings 2352 Promotional items TOTAL OPERATING EXP. PROFESSIONAL SVCS 4000 Professional Services TOTAL PROF SVCS CONTRACT SERVICES 5000 Contract Services 5090 Contract Svcs -Econ Development DIVISION TOTAL 1996-97 City Manager City Council Adjusted Budget Recommended Approved 12,500 12,500 210 210 1,750 1,750 150 150 200 200 2,200 2,200 $17,010 $17,010 $0 2;500 500 $2,500 $500 12,500 5,000 7,500 7,500 7,500 3,000 1,500 2,500 500 2,000 1,500 3,000 3,000 11500 1,500 5,000 5,000 10,000 7,500. 7,500 3,500 $54,500 $44,000 $0 1,000 11000 $1,000 $1,000 $0 0 50,000 $0 $50,000 $0 $0 -15- $125,010 $62,510 $0 CITY OF DIAMOND ESTIMATED EXPENDITURES 1997-98 BAR DEPARTMENT: DIVISION: ACCOUNT* Community Dev. Summary 4210-4220 0 1996-97 City Manager City Council 7,000 Adjusted Budget Recommended Approved PERSONNEL SERVICES 500 0 4210 0010 Salaries 284,350 286,750 0 0020 Overtime 1,500 1,500 0 0030 Wages - Part time 500 500 0 0070 City Paid Benefits 4,000 4,050 0 0080 Retirement 39,800 40,150 0 0083 Worker's Comp Exp. 3,870 5,100 0 0085 Medicare 4,200 4,200 0 0090 Cafeteria Benefits 41,550 41,950 0 TOTAL PERSONNEL SVCS $379,770 $384,200 $0 SUPPLIES 1200 Operating Supplies 3,000 2,500 1300 Small Tools & Equip TOTAL SUPPLIES $3,000 $2,500 $0 OPERATING EXPENDITURES 2110 Printing 3,500 3,000 0 2115 Advertising 5,000 4,000 0 2130 Equipment Rent 1,500 1,600 0 2200 Equipment Maint. 2,000 1,800 0 2310 Fuel 1,000 1,000 0 2315 Membership & Dues 1,000 1,000 0 2320 Publications 500 11000 0 2325 Meetings 300 300 0 2330 Travel-Conf & Mtgs 4,000 4,000 0 2335 Mileage & Auto Allow 1,000 900 0 2340 Education & Training 11500 1,300 0 TOTAL OPERATING EXP. $21,300 $19,900 $0 PROFESSIONAL SERVICES 4000 Professional Svcs 9,000 9,000 0 4100 Commissioner Comp. 7,000 7,000 0 4110 Com. Comp-SEATAC 500 500 0 4210 Planning -Regional 1,500 1,000 0 4220 General Plan 15,000 . 15,000 0 4240 Environmental Svcs 31,580 25,000 0 4250 Special Projects-Dev Code 101,000 0 0 TOTAL PROF SVCS $165,580 $57,500 $0 CONTRACT SERVICES 5201 Contr Svcs -B & S 200,000 250,000 5211 Contr Svcs -Code Enforcement 5213 Property Maint Enforcement 5,000 4,000 TOTAL CONTRACT SVCS $205,000 $254,000 $0 CAPITAL OUTLAY 6250 Computer Equipment -Hardware 5,000 0 TOTAL CAPITAL OUTLAY $5,000 _ $0 DEPARTMENT TOTAL $779,650 $718,100 $0 -16- CITY OF DIAMOND ESTIMATED EXPENDITURES 1997-98 BAR DEPARTMENT; DIVISION: jACCOUNT #: Community Dev. Planning 4210 J 7,000 1996-97 City Manager City Council 500 Adjusted Budget Recommended Approved PERSONNEL SERVICES 15,000 15,000 4240 Environmental 0010 Salaries 284,350 286,750 101,000 0020 Overtime 1,500 1,500 $57,500 $0 0030 Wages - Part time 500 500 5211 Cont Svcs - Code Enf Prosecution 0070 City Paid Benefits 4,000 4,050 5,000 0080 Retirement 39,800 40,150 $4,000 $0 0083 Worker's Comp. Exp. 3,870 5,100 6230 Computer Equipment 0085 Medicare/Social Security 4,200 4,200 5,000 0090 Cafeteria Benefits 41,550 41,950 TOTAL PERSONNEL SVCS $379,770 $384,200 $0 SUPPLIES 1200 Operating Supplies 3,000 2,500 1300 Small Tools & Equip TOTAL SUPPLIES $3,000 $2,500 $0 OPERATING EXPENDITURES 2110 Printing 3,500 3,000 2115 Advertising 5,000 4,000 2130 Equipment Rent 1,500 1,600 2200 Equipment Maint. 2,000 1,800 0 2310 Fuel 1,000 1,000 2315 Membership & Dues 1,000 1,000 2320 Publications 500 1,000 2325 Meetings 300 300 2330 Travel -Cont & Mtgs 4,000 4,000 2335 Mileage & Auto Allow 1,000 900 2340 Education &Training 11500 1,300 TOTAL OPERATING EXP $21,300 $19,900 $0 PROFESSIONAL SERVICES 4000 Professional Svcs 9,000 9,000 4100 Commissioner Comp. 7,000 7,000 4110 Com. Comp - SEATAC 500 500 4210 Planning 1,500 1,000 4220 General Plan 15,000 15,000 4240 Environmental 31,580 25,000 4250 Special Projects-Dev. Code 101,000 0 TOTAL PROF SVCS $165,580 $57,500 $0 CONTRACT SERVICES 5211 Cont Svcs - Code Enf Prosecution 5213 Property Maint Enforcement 5,000 4,000 $5,000 $4,000 $0 CAPITAL OUTLAY 6230 Computer Equipment 5,000 0 5,000 0 DIVISION TOTAL $579,650 $468,100 $6- -17- CITY OF DIAMOND BAR DEPARTMENT: Community Dev. ESTIMATED EXPENDITURES DIVISION: Bldg & Safety 1997-98 kACCOUNT #: 4220 1996-97 City Manager City Council Adjusted Budget Recommended Approved CONTRACT SERVICES 5201 Bldg & Safety 200,000 250,000 TOTAL CONTRACT SVCS $200,000 $250,000 DIVISION TOTAL $200,000 $250,000 -18- CITY OF DIAMOND BAR DEPARTMENT: Community Svcs ESTMATED EXPENDITURES DIVISION: Summary> 1997-98 ACCOUNT #: 4310.4350 OPERATING EXPENDITURES 2115 Advertising 1996-97 City Manager City Council 2125 Telephone Adjusted Budget Recommended Approved PERSONNEL SERVICES Utilities 129,645 138,375 0010 Salaries 168,700 168,700 0 0020 Overtime 1,500 1,000 0 0030 Wages -Part Time 88,210 83,000 0 0070 City Paid Benefits 4,510 4,510 0 0080 Retirement 30,860 30,900 0 0083' Worker's Comp. Exp. 8,350 8,000 0 0085 Medicare 7,260 6,860 0 0090 Cafeteria Benefits 42,450 42,700 0 0 TOTAL PERSONNEL SVC $351,840 $345,670 $0 SUPPLIES 2335 Mileage 500 1200 Operating Supplies 59,906 55,000 0 1300 Small Tools & Equipment 0 0 0 $284,285 TOTAL SUPPLIES $59,906 $55,000 $0 OPERATING EXPENDITURES 2115 Advertising 100 90 0 2125 Telephone 6,200 5,120 0 2126 Utilities 129,645 138,375 0 2130 Equipment Rent 1,150 950 0 2140 RenULease-Real Prop 118,000 70,000 0 2200 Equipment Maint. 2,000 1,800 0 2210 Maint-Grounds & Bldg 64,245 60,250 0 2310 Fuel 2,800 2,500 0 2315 Membership & Dues 350 350 0 2320 Publications 127 100 0 2325 Meetings 750 450 0 2330 Travel -Cont & Meetings 5,000 3,500 0 2335 Mileage 500 450 0 2340 Education & Training 400 350 0 TOTAL OPERATING EXP. $331,267 $284,285 $0 PROFESSIONAL SERVICES 4000 Professional Services 2,500 2,200 0 4100 Commissioner Comp 3,000 3,000 0 4300 Professional Svcs 114,400 7,500 0 TOTAL PROF SVCS $119,900 $12,700 $0 -19- CONTRACT SERVICES 5300 Contract Services 5305 Concerts in the Park 5310 Excursions 5318 Storm Damage - Parks 23,675 TOTAL CONTRACT SVCS CAPITAL OUTLAY 6100 Auto Equipment 6230 Computer Equipment 6250 Misc. Equipment 6410 Captial Improvements TOTAL CAPITAL OUTLAY DEPARTMENT TOTAL 492,600 503,050 13,000 15,300 43,200 43,200 500 450 $549,300 $562,000 0 0 0 $0 20,000 1,000 3,500 0 0 2,367 1,100 0 23,675 32,500 0 $49,542 $34,600 $0 $1,461,755 -20- $1,294,255 $0 CITY OF DIAMOND BAR DEPARTMENT: Community Svcs ESTEWATED EXPENDITURES DIVISION: Park Admin. 1997-98 ACCOUNT * 4310'. PERSONNEL SERVICES 0010 Salaries 0020 Overtime 0070 City Pail Benefits 0080 Retirement 0083 WWs Comp. Exp. 0085 Medicare / Social Security 0090 Cafeteria Benefits 2325 TOTAL PERSONAL SVCS SUPPLIES 1200 Operating Supplies 1300 Small Tools & Equipment TOTAL SUPPLIES OPERATING EXPENDITURES 2115 Advertising 2130 Equipment Rent 2200 Equipment Maint. 2210 Maint-Grounds & Bldg 2310 Fuel 2315 Membership & Dues 2320 Publications 2325 Meetings 2330 Travel-Conf & Mtgs 2335 Mileage 2340 Education & Training TOTAL OPERATING EXP PROFESSIONAL SERVICES 4000 Professional Services 4300 Prof Svcs - Special Studies TOTAL PROF SERVICES CONTRACT SERVICES 5318 Storm Damage - Parks TOTAL CONTRACT SERVICES 1996-97 City Manager City Council Adjusted Budget Recommended Approved 97,200 97,200 500 950 1,450 1,450 13,650 13,650 3,890 3,890 1,410 1,410 14,900 14,900 $133,000 $132,500 $0 7,077 7,000 0 $7,077 $7;000 $0 100 90 1,150 950 2,000 1,800 500 450 2,800 2,500 350 350 127 100 250 5,000 3,500 500 450 400 350 $13,177 $10,540 $0 2,500 2,200 106,000 0 $108,500 $2,200 $0 -21- 500 450 $500 $450 $0 CAPITAL OUTLAY 6100 Auto Equipment 6230 Computer Equipment - Hardware 6250 Misc. Equipment TOTAL CAPITAL OUTLAY DIVISION TOTAL 20,000 1,000 2,500 0 596 600 $23,096 $1,600 $285,350 —22— $154,290 $0 $0 CITY OF DIAMOND BAR DEPARTMENT: Community Svcs ESTIMATED EXPENDITURES DIVI3113N, Grow Park. 1997-98 ACCOUNTS: 4311 1996-97 City Manager City Council Adjusted Budget Recommended Approved OPERATING EXPENDITURES 2125 Telephone 720 0 2126 Utilities 12,600 12,600 2210 Maint-Grounds & Bldg 4,500 4,000 TOTAL OPERATING EXP $17,820 $16,600 $0 CONTRACT SERVICES 5300 Com Svcs Contract Services 13,200 13,450 TOTAL CONTRACT SVC $13,200 $13,450 DIVISION TOTAL $31,020 $30,050 $0 -23- CITY OF DIAMOND BAR DEPARTMENT Community Svcs ESTIMATED EXPENDITURES DIVISION. Heritage Park 1997-98 ACCOUNT 4313< 1996-97 City Manager City Council Adjusted Budget Recommended Approved OPERATING EXPENDITURES 2125 Telephone 720 720 2126 Utilities 11,275 11,275 2210 Maint-Grounds & Bldg 5,000 4,500 TOTAL OPERATING EXP $16,995 $16,495 $0 CONTRACT SERVICES 5300 Com. Svcs. contract TOTAL CONTRACT SVC CAPITAL OUTLAY 6250 Misc. Capital Equipment TOTAL CAPITAL OUTLAY DIVISION TOTAL 9,000 9,200 $9,000 $9,200 $0 $0 $0 $25,995 -24- $25,695 $0 $0 CITY OF DIAMOND BAR DEPARTMENT. Community Svcs ESTIMATED EXPENDITURES DIVISION; H PK tom' Center 1997-98 ACCOUNT 4, 4314 SUPPLIES 1200 Operating Supplies TOTAL SUPPLIES OPERATING EXPENDITURES 2125 1996-97 City Manager City Council PERSONNEL SERVICES Adjusted Budget Recommended Approved 0010 Salaries TOTAL OPERATING EXP 0030 Wages - Part Time 50,210 45,000 0070 City Paid Benefits 510 510 0080 Retirement 2,800 2,800 0083 Worker's Comp Expense 2,450 2,060 0085 Medicare Expense 3,850 3,450 0090 Cafeteria 5,150 5,400 TOTAL PERSONNEL SERVICES $64,970 $59,220 $0 SUPPLIES 1200 Operating Supplies TOTAL SUPPLIES OPERATING EXPENDITURES 2125 Telephone 2126 Utilities 2130 RentaULease of Equipment 2210 Maint-Grounds & Bldg 0 TOTAL OPERATING EXP CAPITAL OUTLAY 6230 Computer Equipment 6250 Misc. Capital Equipment TOTAL CAPITAL OUTLAY DIVISION TOTAL 3,200 3,000 $3,200 $3,000 800 800 14,145 14,000 9,400 7,000 $24,345 $21,800 $0 1,000 0 $1,000 $0 $0 $93,515 $84,020 $0 -25- CITY OF DIAMOND BAR DEPARTMENT. Cor'rxnunity Svcs ESTIMATED EXPENDITURES DIVtSIO Mopalhl" Park' 1997-98 AGC©UNT Ih 43.1.8, 1996-97 City Manager City Council Adopted Budget OPERATING EXPENDITURES ' Recommended Approved 2125 Telephone 720 600 2126 Utilities 14,250 13,000 2210 Maint-Grounds & Bldg 4,000 3,600 TOTAL OPERATING EXP $18,970 $17,200 $0 CONTRACT SERVICES 5300 Com. Svcs. contract TOTAL CONTRACT SVC CAPITAL OUTLAY 6410 Capital Improvements TOTAL CAPITAL OUTLAY 10,800 11,000 $10,800 $11,000 12,700 12,500 $12,700 $12,500 $0 DIVISION TOTAL $42,470 $40,700 $0 -26- CITY OF DIAMOND BAR ESTIMATED EXPENDITURES 1996-97 OPERATING EXPENDITURES 2125 Telephone 2126 Utilities 2210 Maint-Grounds & Bldg TOTAL OPERATING EXP CONTRACT SERVICES 5300 Contract Services TOTAL CONTRACT SERVICES CAPITAL OUTLAY 6250 Misc Capital Equipment TOTAL CAPITAL OUT LAY DIVISION TOTAL DEPARTMENT.Community Svcs DIVISION: Penters Parts ACCOUNT * 4318 1995-96 City Manager City Council Adjusted Budget Recomrnended Approved -27- 6,000 2,000 3,000 $2,000 $9,000 $0 $0 $6,000 $0 500 $0 $500 $0 $2,000 $15,500 $0 CITY OF DIAMOND BAR DEPARTMENT:; Community Svcs ESTIMATED EXPENDITURES DEVISIO I: Petenort Park 1997-99 ACCOUNT #: 4319' 1996-97 City Manager City Council Adjusted Budget Recommended Approved OPERATING EXPENDITURES 2125 Telephone 720 600 2126 Utilities 16,675 22,000 2210 Maint-Grounds & Bldg 10,190 6,200 TOTAL OPERATING EXP $27,585 $28,800 $0 CONTRACT SERVICES 5300 Cont Svcs - Community Svcs 14,400 14,700 TOTAL CONTRACT SVC $14,400 $14,700 $0 DIVISION TOTAL $41,985 $43,500 $0 -28- CITY OF DIAMOND BAR DEPARTMENT. Community Svcs ESTEWATED EXPENDITURES DfVISION: Reagan Park; 1997-98 ACCOUNT: 4322 1998-97 City Manager City Council Adjusted Budget Recommended Approved OPERATING EXPENDITURES 2125 Telephone 720 600 2126 Utilities 16,000 16,000 2210 Maint-Grounds & Bldg 6,095 5,500 TOTAL OPERATING EXP $22,815 $22,100 $0 CONTRACT SERVICES 5300 Com. Svcs. contract TOTAL CONTRACT SVC CAPITAL OUTLAY 6410 Capital Improvement TOTAL CAPITAL OUTLAY 12,000 12,250 $12,000 $12,250 $0 6,835 15,000 6,835 15,000 DIVISION TOTAL $41,650 $49,350 $0 -29- CITY OF DIAMOND BAR DEPARTMENT: Cornrnunfty Svcs ES11MATED EXPENDITURES DIVISION! Starshtne Parr 1997-99 ACCOUNT*.: 4326 1996-97 City Manager City Council Adjusted Budget Recommended Approved OPERATING EXPENDITURES 2126 Utilities 9,400 9,000 2210 Maint-Grounds & Bldg 3,000 2,000 TOTAL OPERATING EXP $12,400 $11,000 $0 CONTRACT SERVICES 5300 Com. Svcs. contract 6,000 6,150 TOTAL CONTRACT SVC $6,000 $6,150 $0 DIVISION TOTAL $18,400 $17,150 $0 -30- CITY OF DIAMOND BAR DEPARTMENT: Community Svcs ESTIMATED EXPENDITURES DIVISION: Sumndtridge Pk. 1997-98 ACCOUNT & 4328 OPERATING EXPENDITURES 2126 Utilities 2210 Malnt-Grounds & Bldg TOTAL OPERATING EXP CONTRACT SERVICES 5300 Com. Svcs. contract TOTAL CONTRACT SVC CAPITAL EXPENDITURES 6410 Capital improvement DIVISION TOTAL 1996-97 City Manager City Council Adjusted Budget Recommended Approved 22,700 22,000 7,060 6,000 $29,760 $28,000 $0 18,000 18,350 $18,000 $18,350 $0 4,140 5,000 $4,140 $5,000 $0 $51,900 -31- $51,350 $0 CITY OF DIAMOND BAR DEPARTMENT: Comrr ;inity Svcs ESTMUTED EXPENDITURES a►iVlslQa. Sycamore Park 1997-98 ACCOUNT 4331 OPERATING EXPENDITURES 2125 Telephone 2126 Utilities 2210 Maint-Grounds & Bldg TOTAL OPERATING EXP CONTRACT SERVICES 5300 Com. Svcs. contract TOTAL CONTRACT SVC CAPITAL OUTLAY 6250 Misc. Equipment TOTAL CAPITAL OUTLAY DIVISION TOTAL 1996-97 City Manager City Council Adjusted Budget Recommended Approved 1,800 1,800 12,600 12,500 12,500 18,000 $26,900 $32,300 $0 28,200 30,950 $28,200 $30,950 $0 $0 $0 $0 $55,100 $63,250 $0 -32- CITY OF DIAMOND BAR DEPARTMENT* Community Svcs ESTIMATED EXPENDITURES DIVISION: Recreation 1997-98 ACCOUNT # 4360 PERSONNEL SERVICES 0010 Salaries 0020 Overtime 0030 Wages -Part Time 0070 City Paid Benefits 0080 Retirement 0083 Worker's Comp. Exp. 0085 Medicare 0090 Cafeteria Benefits $153,950 $0 TOTAL PERSONNEL SVC SUPPLIES 1200 Operating Supplies TOTAL SUPPLIES OPERATING EXPENDITURES 2140 Rent/Lease of Prop. 2325 Meetings TOTAL OPERATING EXP PROFESSIONAL SVCS 4100 Commissioner Comp 4300 Prof Svcs -Com Svcs TOTAL PROF SVCS CONTRACT SERVICES 5300 Com. Svcs. contract 5305 Concerts in the Park 5310 Excursions TOTAL CONTRACT SVC CAPITAL OUTLAY 6250 Misc Equipment TOTAL CAPITAL OUTLAY 1986-97 City Manager City Council Adjusted Budget Recommended Approved 71,500 71,500 1,000 1,000 38,000 38,000 2,550 2,550. 14,410 14,450 2,010 2,050 2,000 2,000 22,400 22,400 $153,870 $153,950 $0 49,629 45,000 $49,629 $45,000 $0 118,000 70,000 500 450 $118,500 $70,450 $0 3,000 3,000 8,400 7,500 $11,400 $10,500 $0 381,000 381,000 13,000 15,300 43,200 43,200 $437,200 $439,500 $0 1,771 0 $1,771 $0 $0 DIVISION TOTAL $772,370 $719,400 $0 -33- CITY OF DIAMOND BAR DEPARTMENT: PubHcSafety ESTIMATED EXPENDITURES DIVISION: Summary 1997-98 ACCOUNT #* 4411-4440 SUPPLIES 1200 Operating Supplies 1300 Small Tools & Equipment TOTAL SUPPLIES 1998-97 City Manager City Council Adjusted Budget Recommended Approved 8,250 7,250 0 500 1,000 0 $8,750 $8,250 $0 OPERATING EXPENDITURES 5401 Contr Svcs -Sheriff 5402 2110 Printing 1,250 1,400 0 2115 Advertising 250 200 0 2125 Telephone 3,250 2,000 0 2126 Utilties 200 200 0 2130 Equipment Rent 2,800 2,800 0 2140 Rental/Lease - Real Property 100 200 0 2200 Equipment Maint. 18,000 12,000 0 2310 Fuel 1,500 1,200 0 2315 Membership & Dues 3,000 3,000 0 2325 Meetings 1,500 1,700 0 2330 Travel - Conferences 305 0 0 2340 Education & Training 3,250 3,500 0 TOTAL OPERATING EXP. $35,405 $28,200 $0 PROFESSIONAL SERVICES 4040 Prof Svcs -Emergency Coord 6,000 3,000 TOTAL PROF SVCS $6,000 $3,000 CONTRACT SERVICES 5401 Contr Svcs -Sheriff 5402 Contr Svcs -Fire 5403 Contr Svcs -An Contrl 5404 Contr Svcs - Sheriff Sp Evts 5405 Parking Citation Admin 5531 CS - Crossing Guards 4,000 TOTAL CONTRACT SVCS CAPITAL OUTLAY 6100 Vehicle Equipment 6230 Computer Equipment 6240 Communications Eq 6250 Misc Equipment 6310 Bldg Impr - EOC 0 TOTAL CAPITAL OUTLAY 3,645,250 3,560,000 0 7,530 7,530 65,850 65,000 70,000 70,000 0 5,000 4,000 0 66,000 55,000 0 $3,859,630 $3,761,530 $0 0 3,000 0 2,500 500 0 1,000 700 0 6,000 5,500 0 0 2,000 0 $9,500 $11,700 $0 DEPARTMENT TOTAL $3,919,285 $3,812,680 $0 -34- CITY OF DIAMOND BAR DEPARTMENT: Public Safety ESTIMATED EXPENDITURES DIVISIONLaw` Enforcement 1997-99 ACCOUNT # 4411 1996-97 City Manager City Council Adjusted Budget Recommended Approved OPERATING EXPENDITURES 2200 Equipment Maint. 15,000 10,000 2325 Meetings 500 500 TOTAL OPERATING EXP. $15,500 $10,500 $0 CONTRACT SERVICES 5401 Contr Svcs -Sheriff 3,645,250 3,560,000 5404 Contr Svcs -Sheriff Sp Events 70,000 70,000 5405 Parking Citation Administration 5,000 4,000 5531 CS -Crossing Guards 66,000 55,000 TOTAL CONTRACT SVCS $3,786,250 $3,689,000 $0 CAPITAL OUTLAY 6250 Miscellaneous Equipment DIVISION TOTAL -35- 51000 5,000 $5,000 $5,000 $3,806,750 $3,704,500 $0 CITY OF DIAMOND BAR DEPARTMENT: Public Safety ESTIMATED EXPENDITURES DIVISION: Comm. Vol. Patro 1997-98 ACCOUNT M 4415 SUPPLIES 1200 Operating Supplies 1300 Small Tools & Equipment TOTAL SUPPLIES OPERATING EXPENDITURES 2110 Printing 2115 Advertising 2125 Telephone 2200 Equipment Maint. 2310 Fuel 2325 Meetings 2330 Travel - Conferences 1,200 TOTAL OPERATING EXP 1996-97 City Manager City Council Adjusted Budget Recommended Approved 2,250 2,250 500 500 $2,750 $2,750 $0 250 200 250 200 1,250 1,000 1,500 1,000 1,500 1,200 1,000 1,200 305 0 $6,055 $4,800 $0 CAPITAL OUTLAY 6230 Computer Equipment -Hardware 6240 Communications Equipment 0 TOTAL CAPITAL OUTLAY $0 $0 DIVISION TOTAL $8,805 $7,550 $0 -36- CITY OF DIAMOND BAR DEPARTMENT. Public Safety ESTIMATED EXPENDMJRES D1YtStaNt Fire 1997-98 ACCOUNT: 4421 1998-97 City Manager City Council Adjusted Budget Recommended Approved CONTRACT SERVICES 5402 Contr Svcs -Fire $7,530 $7,530 TOTAL CONTRACT SVCS 7,530 7,530 DIVISION TOTAL $7,530 $7,530 -37- CITY OF DIAMOND BAR DEPARTMENT: Public safety ESTEWATED EXPENDITURES DIVISION: Animat Control 1997-98 ACCOUNT #: 4431 1996-97 City Manager City Council CONTRACT SERVICES Adjusted Budget Recommended Approved 5403 Contr Svcs -An Contri 65,850 65,000 TOTAL CONTRACT SVCS $65,850 $65,000 DIVISION TOTAL $65,850 $65,000 -38- CITY OF DIAMOND BAR DEPARTMENT: Public Safety ESTIMATED EXPENDITURES 1997-98 Printing DIVISION: /ACCOUNT M Emergency Prep 4440 2125 1996-97 City Manager City Council 2126 Adjusted Budget Recommended Approved SUPPLIES Equipment Rent 2,800 2,800 1200 Operating Supplies 6,000 5,000 200 1300 Small Tools & Equipment Equipment Maintenance 500 1,000 TOTAL SUPPLIES $6,000 $5,500 $0 OPERATING EXP. 2110 Printing 1,000 1,200 2125 Telephone 2,000 1,000 2126 Utilities 200 200 2130 Equipment Rent 2,800 2,800 2140 Rent/Lease - Real Property 100 200 2200 Equipment Maintenance 1,500 1,000 2315 Membership & Dues 3,000 3,000 2340 Education & Training 3,250 3,500 TOTAL OPERATING EXP $13,850 $12,900 $0 PROFESSIONAL SERVICES 4040 Prof Svcs - Emergency Coord 6,000 3,000 TOTAL PROF. SERVICES $6,000 $3,000 $0 CAPITAL OUTLAY 6100 Vehicle Equipment 3,000 6230 Computer Equipment 2,500 500 6240 Communications Eq. 1,000 700 6250 Misc. Equipment 1,000 500 6310 Bldg Impr-EOC 2,000 TOTAL CAPITAL OUTLAY $4,500 $6,700 $0 DIVISION TOTAL $30,350 $28,100 $0 -39- CITY OF DIAMOND BAR DEPARTMENT: Public Works ESTINIATED EXPENDITURES 1997-98 Professional Svcs DIVISION: ACCOUNT* Summary 4510-4558 4100 Commissioner Comp 1996-97 City Manager City Council Pavement Mgt 10,930 Adjusted Budget Recommended Approved 0 PERSONNEL SERVICES 4520 PW Engineering 129,660 125,000 0 0010 Salaries 151,000 142,650 $156,750 0 0 0020 Overtime 1,100 0 62,500 0 0030 Wages - Part time 11,000 11,000 110,000 0 0070 City Paid Benefits 2,400 2,250 260,000 0 0080 Retirement 21,210 20,100 6,500 0 0083 Worker's Comp Exp. 1,650 1,600 50,000 0 0085 Medicare 3,050 2,950 60,000 0 0090 Cafeteria Benefits 24,500 22,800 56,000 0 TOTAL PERSONNEL SVCS $215,910 $203,350 65,000 $0 SUPPLIES CS -Tree Watering 22,000 22,000 0 1200 Operating Supplies 3,196 2,000 7,000 0 1300 Small Tools & Equipment 500 0 0 0 TOTAL SUPPLIES $3,696 $2,000 35,000 0 OPERATING EXPENDITURES CS -Litter Abatement 10,100 10,100 0 2110 Printing 3,500 2,400 30,000 0 2115 Advertising 1,700 1,150 11,000 0 2126 Utilities 50,000 50,000 $892,100 0 2315 Membership & Dues 700 525 0 2320 Publications 500 300 $0 0 2325 Meetings 275 250 0 0 2330 Travel-Conf & Mtgs 1,225 950 0 0 2335 Mileage & Auto Allow 200 100 $0 0 2340 Education & Training 3,500 2,000 0 TOTAL OPERATING EXP. $61,600 $57,675 $0 PROFESSIONAL SERVICES 4000 Professional Svcs 4,500 3,750 0 4100 Commissioner Comp 3,000 3,000 4230 Pavement Mgt 10,930 0 0 4240 Enviromental 0 25,000 0 4520 PW Engineering 129,660 125,000 0 5226 TOTAL PROF SVCS $148,090 $156,750 0 CONTRACT SERVICES 5221 CS -Engineering 15,085 13,000 0 5222 CS -Traffic 29,208 10,000 5223 CS -Plan Check 67,576 60,000 0 5224 CS -Soils x,000 2,500 0 5226 CS -Surveying 2,500 1,500 0 5227 CS -Inspection 65,967 62,500 0 5501 CS -Street Sweeping 110,000 110,000 0 5502 CS -Road Maint 260,000 260,000 0 5503 CS -Pkwy Maint 6,500 6,500 0 5506 CS-Stp/Mk/Sign 50,000 50,000 0 5507 CS -Traffic Signals 65,290 60,000 0 5508 CS-Veg Control 56,000 56,000 0 5509 CS -Tree Maintenance 90,000 65,000 0 5510 CS -Tree Watering 22,000 22,000 0 5512 CS -Storm Drainage 7,800 7,000 0 5513 CS -Bridge Maint 4,000 0 0 5520 CS -Graffiti Removal 35,000 35,000 0 5521 CS -Litter Abatement 10,100 10,100 0 5522 CS -Right of Way Maint 38,100 30,000 0 5530 Contr Svc-Ind.Waste 12,000 11,000 0 TOTAL CONTRACT SVCS $952.126 $892,100 $0 CAPITAL OUTLAY 6200 Office Equipment $1,192 $1,000 $0 6230 Computer Equip -Hardware 1,500 0 0 TOTAL CAPITAL OUTLAY $2,692 $1,000 0 DEPARTMENT TOTAL $1,384,114 _an_ - --- $1,312,875 $0 CITY OF DIAMOND BAR DEPARTMENT: Public Works ESTIMATED EXPENDITURES DIVISION: Public Works1996-97 ACCOUNT #: 4510 PERSONNEL SERVICES 0010 Salaries 0020 Overtime 0030 Wages - Part time 0070 City Paid Benefits 0080 Retirement 0083 Worker's Comp Exp. 0085 Medicare /Social Security 0090 Cafeteria Benefits $107,350 $0 TOTAL PERSONNEL SVCS SUPPLIES 1200 Operating Supplies 1300 Small Tools & Equipment TOTAL SUPPLIES OPERATING EXPENDITURES 2110 Printing 2115 Advertising 2126 Utilities 2315 Membership & Dues 2320 Publications 2340 Education &Training 1,900 TOTAL OPERATING EXP. PROFESSIONAL SERVICES 1996-97 City Manager City Council Adjusted Budget Recommended Approved 78,450 72,250 600 750 11,000 11,000 1,100 11000 11,000 10,150 900 850 2,000 1,900 11,450 10,200 $116,500 $107,350 $0 3,196 2,000 500 $3,696 $2,000 $0 2,000 1,500 1,000 800 50,000 50,000 250 225 500 300 1,500 1,000 $55,250 $53,825 $0 4000 Professional Services 1,000 750 4230 Pavement Management 10,930 0 4240 Environmental 25,000 4520 PW Engineering 129,660 125,000 TOTAL PROFESSIONAL SVCS. 141,590 150,750 0 CONTRACT SERVICES 5221 Contract Svcs - Engineering 10,085 9,000 5227 Contract Svcs - Inspections 48,907 52,500 5500 Contract Svcs - Public Wks 5501 Contract Svcs - Street Sweeping 110,000 110,000 5502 Contract Svcs - Road Maintenance 260,000 260,000 5506 Contract Svcs - Marking/Sign Maint 50,000 50,000 5507 Contract Svcs - Traffic Signals 65,290 80,000 5512 Contract Svcs - Storm Drainage 7,800 7,000' 5513 Contract Svcs - Bridge Insp Maint 4,000 5522 Contract Svcs - Right of Way Maint 38,100 30,000 5530 Contract Svcs - Industrial Waste 12,000 11,000 TOTAL CONTRACT SVCS $606,182 $609,500 $0 CAPITAL OUTLAY 6200 Office Equipment 1,192 $1,000 6230 Computer Equipment -Hardware 1,500 $0 TOTAL CAPITAL OUTLAY $2,692 $1,000 $0 DIVISION TOTAL $925,910 $924,425 $0 -41- CITY OF DIAMOND ESTIMATED EXPENDITURES 1997-98 BAR DEPARTMENT: DIVISION: ACCOUNT #: Public Works Engineering 4551 2115 1996-97 City Manager City Council 2315 Adjusted Budget Recommended Approved PERSONNEL SERVICES Meetings 275 250 0010 Salaries 44,650 44,650 800 0070 City Paid Benefits 700 700 100 0080 Retirement 6,300 6,300 1,000 0083 Worker's Comp Exp. 450 450 $3,100 $0 0085 Medicare 650 650 0090 Cafeteria Benefits 7,200 7,200 TOTAL PERSONNEL SVCS $59,950 $59,950 $0 OPERATING EXPENDITURES 2110 Printing 1,000 500 2115 Advertising 500 250 2315 Membership & Dues 250 200 2325 Meetings 275 250 2330 Travel - Conterences & Meetings 1,000 800 2335 Mileage 200 100 2340 Education & Training 2,000 1,000 $162,311 TOTAL OPERATING EXP. $5,225 $3,100 $0 CONTRACT SERVICES 5221 Cont Svc -Engineering 5,000 4,000 , 5223 Cont Svc -Plan Check 67,576 60,000 5224 Cont Svc -Soils 5,000 2,500 5226 Cont Svc -Surveying 2,500 1,500 5227 CS -Inspection 17,060 10,000 TOTAL CONTRACT SVCS $97,136 $78,000 $0 DIVISION TOTAL $162,311 $141,050 $0 —42— CITY OF DIAMOND BAR DEPARTMENT: Public works ESTIMATED EXPENDITURES ;DIVISION: Traffic & Trans 1997-98 (ACCOUNT #: 4553 PERSONNEL SERVICES 0010 Salaries 0020 Overtime 0070 City Paid Benefits 0080 Retirement 0083 Worker's Comp Exp. 0085 Medicare 0090 Cafeteria Benefits $36,050 $0 TOTALPERSONNELSVCS OPERATING EXPENDITURES 1996-97 City Manager City Council Adjusted Budget Recommended Approved 27,900 25,750 500 400 600 550 3,910 3,650 300 300 400 400 5,850 5,400 $39,460 $36,050 $0 2110 Printing 500 400 2115 Advertising 200 100 2315 Membership & Dues 200 100 2330 Travel -Conferences 225 150 TOTAL OPERATING EXP. $1,125 $750 $0 PROFESSIONAL SERVICES 4000 Professional Svcs 4100 Commissioner Comp TOTAL PROF SVCS CONTRACT SERVICES 5222 Cont Svc -Traffic TOTAL CONTRACT SVCS 3,500 3,000 3,000 3,000 $6,500 $6,000 $0 29,208 10,000 $29,208 $10,000 $0 DIVISION TOTAL $76,293 $52,800 $0- -43— CITY OF DIAMOND ESTIMATED EXPENDITURES 1997-98 BAR DEPARTMENT: (DIVISION: [[ACCOUNT #: Public Works Landscape Malnt 4558 1996-97 City Manager City Council CONTRACT SERVICES Adjusted Budget Recommended Approved 5503 CS -Pkwy Maint 6,500 6,500 5508 CS -Vegetation Cntrl 56,000 56,000 5509 CS -Tree Maintenance 90,000 65,000 5510 CS -Tree Watering 22,000 22,000 5520 CS -Graffiti Removal 35,000 35,000 5521 CS -Litter Abatement 10,100 10,100 TOTAL CONTRACT SVCS $219,600 $194,600 $0 DEPARTMENT TOTAL $219,600 $194,600 $0 -44- CITY OF DIAMOND BAR ESTIMATED EXPENDITURES 1997-98 DEPARTMENT: DIVISION. ACCOUNT* Transfer out Transfer Out 4915 1996-97 City Mgr. City Council Adjusted Budget Recommended Approved OPERATING TRANSFERS OUT 9010 Transfer out -Library Fund 50,000 9250 Transfer out-CIP Fd 62,525 750,000 9510 Transfer out -Ins Fd 260,000 267,500 DEPARTMENT TOTAL $322,525 $1,067,500 $0 CAPITAL PROJECTS INCLUDE. Pantera Park 600,000 Civic Center Design 100,000 Sycamore Cyn - Landslide Repair 50,000 750,000 —45— CITY OF DIAMOND BAR FUND TYPE; General Fund SPECIAL FUNDS BUDGET FUNCTION. Library Services 1997-98 FUND M 010 LIBRARY SERVICES FUND FUND DESCRIPTION: This fund is being established this Fiscal Year to account for revenues and expenditures related to the possibility that the City would supplement the LA County Public Library funding. In FY95-96 the City implemented a computer system in which the City has provided furniture, computers, printer, and modem access. This budget reflects the continuance of this program. ESTIMATED RESOURCES: 3610 Interest Revenue 3915-9001 Transfer -in Gen Fund 2550 Fund Balance Reserve TOTAL APPROPRIATIONS: 4099-0010 Salaries 4099-0070 City Paid Benefits 4099-0080 Retirement 4099-0083 Worker's Comp Exp 4099-0085 Medicare 4099-0090 Cafeteria Benefits 4355-2125 Telephone 4355-2205 Computer Maintenance 4355-5300 Contr Svcs - Library 4355-6220 Office Equipment -Furniture 4355-6230 Computer Equip -Hardware 4355-6235 Computer Equip -Software 4355-6250 Misc Equipment 2550 Fund Balance Reserve TOTAL FY96-97 City Manager City Council Adjusted Budget Recommended Approved 3,000 6,000 50,000 106,904 96,904 $109,904 $152,904 $0 3,400 3,450 100 100 500 500 50 50 50 50 700 750 1,500 1,000 4,000 3,000 138,500 5,000 3,000 2,500 1,000 96,904 1,504 $109,904 $152,904 $0 -46- CITY OF DIAMOND BAR SPECIAL FUNDS BUDGET 1997-98 TRAFFIC SAFETY FUND FUND DESCRIPTION: FUND TYPE: Special Revenue FUNCTION: Traffic Safety FUND #: 110 The City receives traffic fines levied by local courts. California Penal Code (section 1463(b)) requires that these funds are to be used for traffic safety purposes. These funds are recorded in the Traffic Safety Fund and then are consequently transferred to the General Fund for traffic safety purposes. FY96-97 City Manager City Council Adjusted Budget Recommended Approved ESTIMATED RESOURCES: 3215 Vehicle Code Fines 100,000 3610 Interest Revenue 11000. TOTAL $101,000 $0 $0 APPROPRIATIONS: 4915-9001 Trans out - Gen Fund 101,000 TOTAL $101,066 -47- CITY OF DIAMOND BAR FUND TYPE: Special Revenue SPECIAL FUNDS BUDGET FUNCTION: Sir MaintlConst 1997-98 [ FUND # t t 1 j GAS TAX FUND FUND DESCRIPTION: The City receives funds from Sections 2105, 2106, 2107, and 2107.5 of the Streets and Highway Code. State law requires that these revenues be recorded in a Special Revenue Fund, and that they be utilized solely for street -related, purposes such as new construction, rehabilitation, or maintenance. ESTIMATED RESOURCES: 2550 Approp. Fund Balance 3171 Gas Tax - 2106 3172 Gas Tax - 2107 3173 Gas Tax - 2107.5 3174 Gas Tax - 2105 3610 Interest Revenue $3,084,565 $0 TOTAL APPROPRIATIONS: 1996-97 City Manager City Council Adjusted Budget Recommended Approved $2,497,827 $1,980,065 274,200 206,600 577,000 435,700 7,500 7,500 417,250 314,700 110,000 140,000 $3,883,777 $3,084,565 $0 4915-9001 Trans out - Gen Fund 613,600 606,750 4915-9225 Trans out - Grand Av 18,600 0 4915-9250 Trans out- CIP Fund 2,271,512 2,387,500 2550 Reserves 980,065 90,315 TOTAL $3,883,777 $3,084,565 $0 -48- CITY OF DIAMOND BAR SPECIAL FUNDS BUDGET 1997-98 GAS TAX FUND CAPITAL PROJECTS INCLUDE. Various Street & Signal Improvements Carry over from FY96-97 10298 Pathfinder Rehab -Shaded Wrl to DBB 12498 D8 Bid Rehb - Palomino to No City Limit (2 -yr prof 12098 Meadowglen - Seepage (May Increase) 12198 Ambushers St. - Seepage 12298 Chinook - Seepage Study FY97-98 Projects 01498 Slurry Seal - #1 08998 Rule 20A Undergrounding - Pedestals Gkin Spgs-BCR-Westerly City Limits (2 -yr proj) Gldn Spgs-Grand to Torko Lane (2 -yr prof) BCR-Gkin Spgs/Pathfinder (design) BCR-Pthfinder-Srthly City Llmit (design) Lemon-Gkin Spgs to No City Limit (design) Sunset Xing Streetscape Design 12998 BCR Pkwy Imp-Ftn Spgs to Cool Spgs 13098 Sidewalk Improv. - Area 1 TRANSFER TO GENERAL FUND. Utilities $50,000 PW -Engineering (contract Svcs) 9,000 Street Sweeping 110,000 Road Maint 260,000 Right of Way Maint 30,000 Strping/Signing 50,000 Storm Damage 7,000 Traffic Signals 80,000 T & T - Operating Ex 750 T & T - Traffic 10,000 $606,750 -49- FUND TYPE: Special Revenue IFUNCTION: Str Maint/Const ;FUND # 111 $350,000 102,500 500,000 150,000 300,000 $1,402,500 240,000 40,000 150,000 150,000 50,000 70,000 30,000 25,000 180,000 50,000 $985,000 $2,387,500 CITY OF DIAMOND BAR ,FUND TYPE: Special Revenue SPECIAL FUNDS BUDGET AMENDMENT ;FUNCTION: Pub Trnsprtn 1997-98 FUND # 112 PROP A TRANSIT FUND FUND DESCRIPTION: The City receives Proposition A Tax which is a voter approved sales tax override for public transportation purposes. This fund has been established to account for these revenues and approved project expenditures. Budgeted expenditures for this fiscal year include the sale of $1,000,000 In Prop A Reserves. The proceeds from this sale will help to fund the refurbishment of the Library and partial funding of the Pantera Park construction project. ESTIMATED RESERVES: 2550 Fund Balance Reserve 3110 Local Trans Tx-Prp A 3610 Interest Revenue 3485 Transit Subsidy Prg Revenue 4099-0080 TOTAL APPROPRIATIONS: 4090-7230 Contributions -Other Govts 4099-0010 Salaries 4099-0030 Wages -Part Time 4099-0070 City Paid Benefits 4099-0080 Benefits 4099-0083 Worker's Comp Expense 4099-0085 Medicare Expense 4099-0085 Cafeteria Benefits 4360-5310 CS-Exursions 4360-5315 CS -Holiday Shuttle 4553-2315 Membership & Dues 4553-5527 Bus Bench Maintenance 4553-5528 Public Transit Svcs. 4553-5529 Para -Transit Svcs. -Dial a Cab 4553-5533 Transit Subsidy Program 4553-5535 Transit Subsidy - Fares 4553-6220 Office Furniture (Trans Subs) 4915-9250 Trans out - CIP Fund 2550 Fund Balance Reserve 58,200 TOTAL CAPITAL PROJECTS INCLUDE: 12498 DBB Rehb-Palomino-NCity Lmt (2 - Year Project) 09698 DB Park & Ride Expansion PERSONNEL INCLUDES: Full Time: Admin Secretary Part Time: Transportation Clerk FY96-97 City Manager City Council Adjusted Budget Recommended Approved $1,281,779 $1,719,889 614,270 614,270 65,000 80,000 215,000 330,000 $2,176,049 $2,744,159 $0 1,000,000 8,100 1,720 6,700 11,750 170 50 1,160 250 100 150 670 950 1,300 350 32,000 32,000 20,000 5,000 7,500 7,500 3,500 3,500 4,000 4,000 205,000 235,000 72,000 58,200 215,000 330,000 1,000 120,000 100,000 1,479,519 952,739 $2,176,719 $2,744,159 $0 30,000 70,000 100,000 0.05 0.50 -50- CITY OF DIAMOND BAR SPECIAL FUNDS BUDGET 1997-98 PROPOSITION C FUND FUND DESCRIPTION: FUND TYPE: Special Revenue FUNCTION: Str MaintlConst FUND #: 1113' The City periodically receives additional al"tions of State Gas Tax funds from Los Angeles County. These funds must be used for street -related purposes such as construction, rehabilitation, or maintenance. In order to receive these funds the City must submit a project to the County for approval. ESTIMATED RESOURCES: 2550 Fund Balance Reserve 3112 Transportation Tax 3610 Interest Revenue TOTAL APPROPRIATIONS: 4090-6100 510,800 4915-9001 Trans out - Gen Fund 4915-9250 Trans out - CIP Fund 2550 Fund Balance Reserve TOTAL 1996-97 City Manager City Council Adjusted Budget Recommended Adopted $1,589,237 $1,515,037 510,800 510,800 60,000 80,000 $2,160,037 $2,105,837 $0 10,000 1,220,000 1,530,000 930,037 575,837 $2,160,037 0,105,837 $0 CAPITAL PROJECTS INCLUDE.- 12498 NCLUDE.12498 DBB Rehab - Palomino - No City Limit (2 -yr Proj) Gidn Spgs-BCR to Wstry City Limits (2 -yr Proj) Gldn Spgs-Grand to Tonto Ln (2 -yr Pro)) 10598 Golden Spgs (M Calborne 10798 DB Blvd @ Pabrr*WGnb Spgs 12598 DS Blvd Q Montefino 8 Quail Summd 12698 Gldn Spgs C Racquet Club Dr. -51- 325,000 275,000 300,000 125,000 125,000 250,000 130,000 $1,530,000 CITY OF DIAMOND BAR FUNDTYPE: Special Revenue SPECIAL FUNDS BUDGET FUNCTION;: Str Maint/Const 1997-98 FUND Jft 114 INTERMODAL SURFACE TRANSPTN EFFICIENCY ACT FUND (ISTEA FUND) FUND DESCRIPTION: The 1991 intermodal Surface Transportation Efficiency Act is a federal act which allocates resources to local agencies for the Improvement of streets and roadways. The City receives their apportionment v Cal Trans. These funds are held in trust for the City by Cal Trans until qualified projects have been identified. As a result, the esitmated revenue listed includes prior years' apportionments ($645,181) as well as the current fiscal year's apportionment ($414,819). This Is the final year of the program. ESTIMATED RESOURCES: 3331 ISTEA Revenue 3610 Interest Revenue TOTAL APPROPRIATIONS: 4915-9250 Trans out- CIP Fund 2550 Reserves TOTAL FY96-97 Clty Manager City Council Adjusted Budget Recommended Approved -52- 1,000,000 0 $11000,000 $0 $0 1,000,000 0 $1,000,000 $0 $0 CITY OF DIAMOND BAR FUND TYPE: Special Revenue SPECIAL FUNDS BUDGETFUNCTION: Waste Mgt 1997-98 FUND INTEGRATED WASTE MANAGEMENT FUND FUND DESCRIPTION. The Integrated Waste Management Fund was created during FY 90-91, to account for expenditures and revenues related to the activities involved with the City's efforts to comply with AB939. Revenues recorded In this fund are the adopted waste hauler fees. Revenues recorded in this fund also include funds received from the State for Used Oil Recycling educational purposes. 1998-97 City Manager City Council Adjusted Budget Recommended Approved ESTIMATED RESOURCES: 4099-0010 Salaries 2550 Reserve Fund Balance $119,545 $116,895 3340 Intergovt Revenues 18,600 17,360 3482 AB939 Admin Fees 65,500 65,500 3610 Interest Revenue 1,500 5,000 TOTAL $205,145 $204,755 $0 APPROPRIATIONS: 4099-0010 Salaries 4099-0070 City Paid Benefits 4099-0080 Benefits 4099-0083 Wkes Comp Exp. 4099-0085 Medicare Exp. 4099-0090 Cafeteria Benefits 4515-1200 Operating Supplies 4515-2110 Printing 4515-2115 Advertising 4515-2130 Rental/Lease-Equipment 4315-2315 Membership & Dues 4515-2320 Publications 4515-2325 Meetings 4515-2330 Travel-Conf & Mtgs 4515-2340 Education & Training 4515-2352 Promotionalltems 4515-2355 Contributions -Incentives Pgm 45154000. Prof Svcs 4515-5500 Contract Services 2550 Reserve Fund Balance $204,755 $0 TOTAL PERSONNEL: Full Time: Deputy Public Works Dir. Admin. Secretary Total Positions $22,000 $24,700 350 350 3,100 3,460 350 250 350 360 3,300 3,600 1,500 1,500 5,000 4,000 1,500 1,500 1,000 1,000 100 100 100 100 100 100 500 500 500 500 6,000 6,000 2,500 2,500 5,000 4,000 35,000 36,000 116,895 114,235 $205,145 $204,755 $0 M&C .25 .25 .75 CITY OF DIAMOND BAR FUND TYPE: Special Revenue SPECIAL FUNDS BUDGET FUNCTION Str Maint/Const 1997-98 FUND: 116 SLTPP FUND FUND DESCRIPTION: FY96-97 City Manager City Council Adjusted Budget Reconwnended Approved ESTIMATED RESOURCES: 3XXX Intergovt Revenue-SLTPP 42,500 TOTAL $0 $42,500 $0 APPROPRIATIONS: 4915-9250 Transfer Out - CIP Fund 42,500 2550 Fund Balance Reserve TOTAL $0 $42,500 $0 -54- CITY OF DIAMOND BAR FUND TYPE: Special Revenue SPECIAL FUNDS BUDGET FUNCTION; AU (Quality 1997-98 FUND i� 118 AIR QUALITY IMPROVEMENT FUND FUND DESCRIPTION. This fund was established in FY 1991-92 to awount for revenues received as a result of AB2766. AB 2766 authorizes the imposition of an additional motor vehicle registration fee to fund the implementation of air qualityy, management plans and provisions of the California Clean Air Act of 1988. Included within this year's budget are funds for the implementation of the air quality improvement element and funding for the City on Line program. ESTIMATED RESOURCES: 2550 Approp. Fund Balance 3315 Pollution Reduc Fees 3610 Interest Revenue TOTAL APPROPRIATIONS: 4099-0010 Salaries 4099-0030 Wages - Part Time 4099-0070 City Paid Benefits 4099-0080 Benefits 4099-0083 WWS Comp Exp 4099-0085 Medicare 4099-0090 Cafeteria Benefits 4098-1200 Operating Supplies 4098-2110 Printing 4098-2125 Telephone 4098-2205 Computer Maint 4098-2315 Membership & Dues 4098-2320 Publications 4098-2340 Education & Training 4098-4000 Professional Svcs 4098-5000 Contract Svcs 4098-6100 Equipment - Vehicle 4098-6230 Computer Equipment Hdware 4098-6235 Computer Equipment -Software 4098-7250 Employee Computer Purchase 4915-9250 Transfer -Out - CIP 2550 Approp. Fund Balance TOTAL PERSONNEL: Asst to City Mgr MIS Assistant 1996-97 City Manager City Council Adjusted Budget Recommended Approved $128,380 $85,430 45,000 45,000 6,500 7,500 $179,880 $137,930 $0 $19,450 $19,750 350 350 2,750 2,800 200 200 300 300 3,300 3,600 500 1,000 2,500 3,000 1,000 1,000 7,000 7,000 •100 100 500 1,000 5,500 5,000 6,500 5,000 20,000 21,000 3,000 2,500 2,500 10,000 75,430 83,330 $179,880 $137,930 $0 -55- 0.25 0.25 0.50 CITY OF DIAMOND BAR FUND TYPE: Special Revenue SPECIAL FUNDS BUDGET FUNCTION: Street/Paths. imp 1997-98 FUND * 119> SB 821 FUND FUND DESCRIPTION: The state allocates funds to cities for the specific purpose of the construction of bike and pedestrian paths via S13821. This fund has been established to account for transactions related to the receipt and expenditure of these funds. 1998-97 City Manager City Council Adjusted Budget Recommended Approved ESTIMATED RESOURCES: 3350 From Other Agencies 22,950 22,950 3610 Interest Revenue 500 2550 CIP Reserve 28,550 TOTAL $52,000 $22,950 $0 APPROPRIATIONS: 4915-9225 Trans out -Grand Ave 4915-9250 Trans out-CIP Fd 52,000 2550 C I P Reserve 22,950 TOTAL $52,000 $22,950 $0 -56- CITY OF DIAMOND BAR FUND TYPE: Special Revenue SPECIAL FUNDS BUDGET AMENDMENT FUNCTION: Park Improvemnt 1997-98 FUND: 122' PARK FEES FUND FUND DESCRIPTION: Within the Subdivision Map Act of the California State Constitution is a requirement that developers either contribute land or pay febs to the local municipal government to provide recreational facilities within the development. This fund is used to account for the fees received. ESTIMATED REVENUE: 2550 Approp. Fund Balance 3456 Quimby Fees 3610 Interest Revenue TOTAL APPROPRIATIONS: 9001 Transfer Out -Gen Fd 9250 Transfer Out-CIP Fd 2550 Reserves TOTAL CAPITAL PROJECTS INCLUDE: 06598' Pantera Park Development 10998' Peterson Pk -Fields Drainage 11298' Lorbeer-Athletic Field Lighting FY 96-97 City Manager City Council Adjusted Budget Recommended Approved $316,307 $344,702 225,000 250,000 20,000 20,000 $561,307 $614,702 $0 $11,225 635,380 430,000 (85,298) 184,702 $561,307 $614,702 $0 $130,000 200,000 100,000 $430,000 'Denotes Carryover Projects from FY96-97 -57- CITY OF DIAMOND BAR FUND TYPE: Special Revenue SPECIAL FUNDS BUDGET FUNCTION; Park improvemnt 1997-98 FUND #: 123 PROP A - SAFE PARKS ACT FUND DESCRIPTION: The Los Angeles County Safe Neighboncc3d Parks Act was passed in 1992. This act provides funds to Cities to improve, preserve, and restore parks. For FY93-94, the City of Diamond Bar was awarded $2,040,000 for this purpose. Since the development of Pantera Park and the Peterson Park light project has not been completed, the remaining balances are being carried forward into FY96-97. W-49 1996-97 City Manager City Council Adusted Budget Recommended Approved ESTIMATED REVENUE: 3320 Park Grants $1,925,884 $1,780,000 TOTAL $1,925,884 $1,780,000 APPROPRIATIONS. 4915-9250 Transfer Out-CIP Fd 1,925,884 1,780,000 2550 Reserves TOTAL $1,925,884 $1,780,000 $0 CAPITAL PROJECTS INCLUDE: 06598' Pantera Park - Development $1,780,000 $1,780,000 W-49 CITY OF DIAMOND BAR FUND TYPE: Special Revenue SPECIAL FUNDS BUDGET I FUNCTION: Community Dev 1997-98 FUND #• 125 COMMUNITY DEVELOPMENT BLOCK GRANT FUND FUND DESCRIPTION: The City receives an annual CDBG allotment from the federal government via the Community Development Commission. The purpose of this grant is to fund approved community development Programs and projects benefiting low and :,ioderate income citizens. PERSONNEL INCLUDES: Asst to City Mgr 0.300 1996-97 City Manager City Council Com Dev Director 0.050 Adjusted Budget Recommended Approved ESTIMATED RESOURCES: 1.650 2550 Approp. Fund Balance 3330 CDBG Revenue $522,835 $555,750 3635 TOTAL ------200 $522,835 $555,950 $0 APPROPRIATIONS: 4215-0010 Salaries 39,700 40,100 4215-0070 City Paid Benefits 740 4215-0080 Retirement 5,600 810 5,650 4215-0083 Wkr's Comp Exp. 400 4215-0085 Medicare Exp. 575 410 4215-0090 Cafeteria Benefits 8,500 590 8,440 4215-1200 Departmental Supplies 2,750 2,800 4215-2115 Advertising 700 700 4215-2120 Postage 50 4215-2130 Rental/Lease - Equipment 519 50 4215-2315 Membership & Dues 50 800 4215-2325 Meetings 250 0 250 4215-2355 Contrbtns-Com Groups 64,200 46,000 4215-4000 Professional Svcs 11,231 11,700 4215-5310 Senior Excursions 5,000 4,400 4215-6250 Misc Capital Equip 1,300 0 4915-9250 Transfer Out-CIP 381,270 433,250 2550 Reserves TOTAL $522,835 $555,950 $0 PERSONNEL INCLUDES: Asst to City Mgr 0.300 Clerk Typist 0.100 Com Dev Director 0.050 CS Coordinator/Seniors 0.750 1.650 CAPITAL PROJECTS INCLUDE.- 11798 NCLUDE.11798 Park ADA Retrofit 225,000 06798 Handicap Access Ramps 8,250 11598 Sidewalk Impr-Aspen Grove Swlk Impr-DBB/ClrCrk-StpCyn GS/Gateway 200,000 $433,250 -59- CITY OF DIAMOND BAR FUND TYPE: special Revenue SPECIAL FUNDS BUDGET FUNCTION: Public Safety 1997-98 FUND #: 126 CITIZENS OPTION FOR PUBLIC SAFETY FUND FUND DESCRIPTION: During fiscal year 1996-97, the City received COPS grants from both the state and federal government. The purpose of these funds are to enhance the City's public safety budget and to fund special public safety related projects. FY96-97 City Manager City Council Adjusted Budget Recommended Approved ESTIMATED RESOURCES: 3326 Public Safety Grant - Federal 61,900 3340 Public Safety Grant - State 130,300 2550 Fund Balance Reserve 90,000 TOTAL $192,200 $0 $0 APPROPRIATIONS: 4411-1200 Departmental Supplies 6,000 5,000 4411-2340 Education and Training 23,000 23,000 4411-2352 Promotional Items 7,000 7,000 4411-4000 Professional Services 7,500 5,000 4411-6100 Vehicles 62,000 4411-6230 Computer Equipment 17,000 4411-6250 Misc Equipment 69,700 50,000 2550 Fund Balance Reserve TOTAL $992,200 $90,000 $0 .= CITY OF DIAMOND BAR FUND TYPE: Special Revenue SPECIAL FUNDS BUDGET FUNCTION; Public Safety 1997-98 FUND #: 127 NARCOTICS ASSET FORFEITURE FUND FUND DESCRIPTION. During fiscal year 1996-97, the City received Narcotics Asset Forfeiture funds from the Federal Govt. It is required that these funds be used to enhance drug and law enforcement activities. FY96-97 City Manager City Council Adjusted Budget Recommended Approved ESTIMATED RESOURCES: 2550 Fund Balance Reserve 295,000 TOTAL $0 $295,000 $0 APPROPRIATIONS: 4411-1200 Departmental Supplies 4411-2340 Education and Training 4411-2352 Promotional Items 4411-4000 Professional Services 4411-6100 Vehicles 4411-6230 Computer Equipment 4411-6250 Misc Equipment 2550 Fund Balance Reserve 295,000 TOTAL $0 $295,000 $0 -61- CITY OF DIAMOND BAR ;FUND TYPE: Special Revenue SPECIAL FUNDS BUDGET FUNCTION. Landscape 1997-98 FUND #:1 138 LANDSCAPE MAINTENANCE - DIST. #38 FUND FUND DESCRIPTION: The City Is responsible for the operations of the LLAD #38. This district was set up in accordance with the Landscape and Lighting Act of 1972. Property owners benefiting from this district receive a special assessment on their property taxes, This fund Is to account for the cost of the operations of this special district. It is anticipated that medians on Gone Court will eventually be built with the reserves. 1996-97 City Manager City Council ESTIMATED RESOURCES: Adjusted Budget Recommended Approved 2550 Approp. Fund Balance $147,970 $209,385 3015 Prop Tx -Sp Assessmnt 260,115 260,115 3610 Interest Revenue 2,000 5,000 TOTAL $410,085 $474,5W $0 APPROPRIATIONS: Personal Services 4538-0010 Salaries 4538-0070 City Paid Benefits 4538-0080 Benefits 4538-0083 Wkr's Comp Exp. 4538-0085 Medicare Exp. 4538-0090 Cafeteria Benefits Total Personal Svcs Operating Expenses 4538-2126 Utilities 4538-2210 Maint-Grounds & Bldg Total Operating Expense Professional Services 4538-4000 Professional Svcs Contract Services 4538-5500 Contract Svcs Capital Outlay 4915-9250 Capital Improvements Fund Balance Reserves 2550 Reserves TOTAL PERSONNEL INCLUDES: Community Services Director Supt. - Parks & Maintenance Maintenance Worker II $6,630 $6,630 100 100 930 930 270 270 100 100 970 970 $9,000 $9,000 $0 $83,100 $82,000 15,300 15,000 $98,400 $97,000 $0 3,800 5,000 39,500 41,400 50,000 4,400 209,385 317,700 $410,085 $474,500 $0 0.010 0.100 0.025 0.135 CAPITAL PROJECTS INCLUDE: 12997 BCR Pky Imp-FtnSpg-CoolSpg 50,000 50,000 -62- CITY OF DIAMOND BAR FUND TYPE: Special Revenue SPECIAL FUNDS BUDGET FUNCTION: Landscape 1997-98 IFUND 0: 139 LANDSCAPE MAINTENANCE - DIST. #39 FUND FUND DESCRIPTION: The City Is responsible for the operations of the LLAD #39. This district was set up in accordance with the Landscape and Lighting Act of 1972. Property owners benefiting from this district receive a special assessment on their property taxes. This fund Is to account for the cost of the operations of this special district. -63- 1996-97 City Manager City Council Adopted Budget Recommended Approved ESTIMATED RESOURCES: 2550 Reserve Fund Balance $32,344 $35,849 3015 Prop Tx -Sp Assessmnt 165,360 165,360 3610 Interest 300 600 TOTAL $198,004 $201,809 $0 Personal Services 4539-0010 Salaries $6,525 $6,630 4539-0070 City Paid Benefits 100 100 4539-0080 Benefits 915 930 4539-0083 WWs Comp Exp. 260 270 4539-0085 Medicare Exp. 95 100 4539-0090 Cafeteria Benefits 880 970 Total Personal Svcs $8,775 $9,000 $0 Operating Expenses 4539-2126 Utilities 58,900 55,000 4539-2210 Maint-Grounds & Bldg 16,000 15,000 4539-7200 Insurance Expense Total Operating Expense 74,900 70,000 0 Professional Services 4539-4000 Professional Svcs 5,400 5,400 Contract Services 4539-5500 Contract Svcs 73,080 74,400 Capital Outlay 4539-6410 Capitallmprovements 2,000 Fund Balance Reserves 2550 Reserve Fund Balance 35,849 41,009 TOTAL $198,004 $201,809 $0 -63- CITY OF DIAMOND BAR FUND TYPE: Special Revenue SPECIAL FUNDS BUDGET FUNCTION: Landscape 1997-98 FUND * 141 LANDSCAPE MAINTENANCE - DIST. #41 FUND FUND DESCRI ION: The City is responsible for the operations ^.f LLAD #41. This district was set up in accordance with the Landscape and Lighting Act of 1972. Property owners benefiting from this district receive a special assessment on their property taxes. This fund is to account for the cost of the operations of this special fund. ESTIMATED RESOURCES: 2550 Approp. Fund Balance 3015 Prop Tx -Sp Assessmnt 3610 Interest Revenue TOTAL APPROPRIATIONS: Personal Services 4541-0010 Salaries 4541-0070 City Paid Benefits 4541-0080 Benefits 4541-0083 Worker's Comp. Exp. 4541-0085 Medicare Exp. 4541-0090 Cafeteria Benefits 62,000 Total Personal Svcs. Operating Expenses 4541-2126 Utilities 4541-2210 Maint-Grounds & Bldg Total Operating Expense Professional Services 4541-4000 Professional Svcs Contract Services 4541-5500 Contract Svcs 4541-5519 Weed/Post Abatement Total Contract Services Capital Outlay 4541-6410 1996-97 _Adjusted Budget City Manager City Council Recommended Approved $225,465 $216,731 124,141 124,141 3,000 10,000 $352 606 $350,872 $0 6,525 6,630 , 100 100 915 930 260 270 95 100 880 970 $8,775 $9,000 $0 62,000 60,000 10,000 10,000 $72,000 $70,000 $0 5,700 5,700 35,400 35,400 14,000 15,000 $49,400 $50,400 $0 Capital Improvements 2,000 Total Capital Improvements $0 $2,000 $0 Fund Balance Reserves 2550 Reserve Fund Balance TOTAL PERSONNEL INCLUDES: Community Services Director Supt. - Parks and Maintenance Maintenance Worker ii -64- 216,731 213,772 $352.606 $350,872 $0 0.010 0.100 0.025 0.135 J H U IX' m0 ce z °-�� 0 z gL Lu ac p LU 0 000°' a� UJ Q U 0000 0 0 0 0 0 O 0000 ud C O to N O O O (D O NMC4)00 qt �o O 0 0000 0000 o c 0 0 0 0 L 0000 O to O to o to 00 00 th qq l7 O N �- cl J �- yVV: v .o E o IL ZJ�Cja. Aug 0 0 0 0 0 0 C 0 v- 0 0 rn ECL M U) c m m c r- M NDUC7 1 R t0 0 0 0 0 0 0000 0000 0 0 0 0 0 0000 0 $ c 0000 0 u0 LO o to to to 0 00 0 0) Go 0 M wz 0000 0 0 0 0 0 O 0000 ud C O to N O O O (D O NMC4)00 qt �o O 0 0000 0000 o c 0 0 0000 0 0000 O to O to N ui 1- O go to 1� th qq l7 O N �- cl J �- yVV: v .o E o IL ZJ�Cja. Aug Ili C ac N ~O a. .. 3 > ►- o , Oa� c v- ammc CD rn ECL rn F- Q6 U) c m m c r- NDUC7 1 R t0 d } N 3^ H o$000000 oo8pQ$cpQ$$$�$ of �Ov�vt�tit07N s§8888§o$§ oo C000tn N a �OW)1f-MN c arc CD io 0 0 c co o io 25 8 O O o c o$ I C tD to N tV gs_ooppo C j m O O O O o$ I gs_ooppo C qq l7 O M Ncmwm cl 0 �- � %- N r tp .- Ili vi ui E co !9p m'8 c c k -zt E g 1 zea} o w X4.6° 1 co _ r m c� co �yy� g � r N �U�G`��rAOC 1 L �O O 00 00 00 O d! >0 C) O -65- c rn U c CL m�� '" O } IL c � o MES 0 1 0 �coIE � o OR cmm r- 32 w im 32 32wm32 HC9�OC9 1 L CO 00 CO 6 C�0NN O CL E a C tll�OON IN N �rj m o� J Ccs LL a m Q R0mo 005 LocoCSN� .LY co 0 0 O R CL O O gg N N 0 0 0 0 0 0 ug O O O O V) t!f 25 g S 25 0 O Z5 Q O N N N O co P' C; P' $ cc C US tll�OON IN N �rj m o� J Ccs LL a m Q R0mo 005 LocoCSN� .LY co 0 0 O R CL O O gg N N 0 0 0 0 0 0 ug CITY OF DIAMOND BAR FUND TYPE: Capital Project SPECIAL FUNDS BUDGET FUNCT1OW, Capital Project 1997-98 FUND gy 250'' CAPITAL IMPROVEMENT PROJECTS FUND FUND DESCRIPTION: This fund was created to account for the City capital Improvement projects which are not required to be accounted for in independent funds. The revenues in this fund will generally come from transfers4n from other funds and have been identified for specific capital projects. ESTIMATED RESOURCES: 2550 CIP Reserve-Traf Sig 3325 FEMA Reimbursement 3455 Developer Fees 3915-9001 Transfer in -Gen Fd 3915-9111 Transfer in -Gas Tx 3915-9112 Transfer in-Prp A Transit 3915-9113 Transfer In -Prop C 3915-9114 Transfer in-ISTEA 3915-9119 Transfer in-SB821 3915-9122 Transfer in -Pk Fees 3915-9123 Transfer in-Prp A Pks 3915-9125 Transfer in-CDBG 3915-9138 Transfer in -District #38 3915-9XXX Transfer In-SLTPP TOTAL APPROPRIATIONS: 4510-00xx Salaries & Benefits 4510-6411 Street Improvements 4510-6412 Traffic Control Imp 4310-6415 Park & Rec Imprmts 4510-6416 Landscape & Irr Imp 4215-6420 Municipal Bldg & Fac 2550 CIP Reserve -Tref Sig 0 TOTAL 1996-97 City Manager City Council Adjusted Budget Recommended Approved 160,023 160,023 20,000 630,000 153,000 35,000 62,525 750,000 2,271,512 2,387,500 120,000 100,000 1,376,246. 1,530,000 1,000,000 0 52,000 0 638,730 430,000 1,925,864 1,780,000 381,270 433,250 50,000 42,500 $8,211,170 $7,648,273 $0 3,869,693 3,130,000 815,565 630,000 3,030,139 3,120,000 57,500 180,000 278,270 428,250 160,023 160,023 $8,211,190 $7,648,273 $0 -67- CITY OF DIAMOND BAR FUND TYPE: Capital Project SPECIAL FUNDS BUDGET FUNCTION: Capital Project 1997-98 FUND: 250 CAPITAL IMPROVEMENT PROJECTS FUND FY97-98 CAPITAL Il"ROVEMENT PROJECTS INCLUDE: STREET IMPROVEMENTS: 01498 Slurry Seal (Area 1) $240,000 Gas Tax 08998 Rule 20A Undergrounding-Peds 40,000 Gas Tax 10298 Pthfndr Rehab -Shaded Wd-DB B 350,000 Gas Tax 12498 DB Blvd Resurf-Pakom-No City L 500,000 (2 -Year Project) Prop C (325,000) Gas Tax (102.500) SLTPP (42,500) Prp A Trans (30,000) 12098 Meadowgien - Seepage 500,000 Gas Tax 12198 Ambushers St. - Seepage 150,000 Gas Tax 12298 Chinook - Seepage 300,000 Gas Tax GkinSpgs-BCR-Wstry City Limit 425,000 (2 -Year Project) Prop C (275,000) ' Gas Tax (150,000) Gldn Spgs-Grand to Torko Ln 450,000 (2 -Year Project) Prop C (300,000) Gas Tax (150,000) BCR-Gldn SpgslPthflnder (design 50,000 Gas Tax BCR-Pthfdr-Srthy City Lmt(desig 70,000 Gas Tax Lemon-GSpg-No City Lmt (design 30,000 Gas Tax Sunset Xing Street Scape-Design 25,000 Gas Tax TOTAL STREET IMPROVEMENTS $3,130,000 -68- CITY OF DIAMOND BAR FUND TYPE: Capital Project SPECIAL FUNDS BUDGET FUNCTION" Capital Project. 1997-98 FUND S: 250; CAPITAL IMPROVEMENT PROJECTS FUND TRAFFIC CONTROL IMPROVEMENTS: 10598 Gl do Spgs @ Calbourne 125,000 Prop C 10798 Giro Spgs @ Palomino/GenSprgs 125,000 Prop C 12598 DB Blvd @ Monteflno & Quail Su 250,000 Prop C 12698 Gkdn Spgs @ Racquet Club Dr. 130,000 Prop C TOTAL TRAFFIC CONTROL IMPROVEMENTS $830,000 PARK & REC IMPROVEMENTS: 06598 Pantera Pk-Design & Dev $2,545,000 Prop A-Safe Pks (1,780,000) Quimby (130,000) General Fund (600,000) Developer Fees (35,000) 10898 Sycamore Cyn-Landslide Repair 50,000 General Fund 10998 Peterson Pk-Fields Drainage Rep 200,000 Park Fees Fd 11298 Lorbeer - Athletic Field Lighting 100,000 Park Fees Fund 11798 Park ADA Retrofit 225,000 CDBG TOTAL PARK IMPROVEMENTS $3,120,000 MUNICIPAL BUILDINGS & FACILITIES: 06798 Handicap Access Ramps $8,250 CDBG 09698 Diamond Bar Park & Ride Expans 70,000 Prop A 13098 Sidewalk Improvements - Area 1 50,000 Gas Tax Swlk Imp-DBB/ClrCrk-StpCyn;GS/ 200,000 Gateway CDBG Civic Center Design 100,000 General Fund TOTAL MUNICIPAL BLDGS & FACILITIES IMP. -- -69- $428,250 CITY OF DIAMOND BAR FUND TYPE: Capital Project SPECIAL FUNDS BUDGET FUNCTION: Capital Project 1997-98 FUND 4: 250 CAPITAL IMPROVEMENT PROJECTS FUND LANDSCAPE AND IRRIGATION PROJECTS: 12998 BCR Pkwy Imp-Ftn Spr/Cool Spg 180,000 Gas Tax TOTAL LANDSCAPE AND IRRIGATION IMP. $180,000 GRAND TOTAL - CAPITAL PROJECTS -70- $7,488,250 CITY OF DIAMOND BAR FUND TYPE: Internal Svc SPECIAL FUNDS BUDGET FUNCTION: Self Insurance 1997-98 FUND # 510 SELF INSURANCE FUND FUND DESCRIPTION. This fund was established In accordance with Resolution #89-53. The resolution states the City will establish a self-insurance reserve fund. The purpose of the fund shall be to pay all self - assumed losses and related costs. Contributions to the fund shall be pro -rata from all other City funds afforded protection under the program based upon each of the funds exposure to liability. -71- 1996-97 City Manager City Council Adjusted Budget Recommended Approved ESTIMATED RESOURCES: 2550 Reserved Fund Bal 749,610 794,610 3610 Interest Revenue 15,000 30,000 3915-9001 Transfer in -Gen Fd 260,000 267,500 TOTAL $1,024,610 $1,092,110 $0 APPROPRIATIONS: 4810-7200 Insurance Exp. 160,000 167,500 4810-7210 Insurance Deposit 70,000 13,000 2550 Self Ins Reserve 794,610 911,610 TOTAL $1,024,610 $1,092,110 $0 -71- REVISED CITY OF DIAMOND BAR GENERAL FUND BUDGET F.Y. 1997-98 APPROPRIATIONS 199641 City'Managet City Couocif- City Council I Adjusted Budget Recommends � AppE ved1 ESTIMATED RESOURCES 150,000 150,000 Property Taxes 1 2,040,000 2,035,000 Other Taxes 3,180,000 3,180,000 State Subventions 2,487,500 1,881,700 Fines & Forfeitures 465,825 241,000 From Other Agencies 5,000 250,000 Current Svc Charge 890,560 933,450 Use of Money & Prop. 544,500 626,000 Transfer -in Other Funds 738,230 606,750 Reserved Fund Balance 190,000 250,000 Total Est. Resources 10,541,615 10,003,900 0 APPROPRIATIONS City Council 122,750 115,800 City Attorney 150,000 150,000 City Manager 442,480 452,760 City Clerk 246,251 254,685 Finance 247,420 237,050 General Government 541,600 412,150 Com Svcs Center 39,300 28,550 Community Relations 141,340 123,850 Economic Development 125,010 62,510 Planning 579,650 468,100 Building and Safety 200,000 250,000 Community Services 1,461,755 1,294,255 Law Enforcement 3,806,750 3,704,500 Volunteer Patrol 8,805 7,550 Fire 7,530 7,530 Animal Control 65,850 65,000 Emergency Prepardness 30,350 28,100 Public Wks/Engineering 1,384,114 1,312,875 Transfer -out Other Funds 322,525 667,500 Total Appropriations _ 9,923,480 _ 9,642,765 0 NET CHANGE IN FUND BALANCE 618,135 361,135 0 -1- CITY OF DIAMOND BAR GENERAL FUND ESTIMATED RESOURCES 1997-98 Property Taxes: 001-3001 Current Secured 001-3002 Current Unsecured 001-3005 Supplemental Roll 001-3020 Misc. Property Taxes Other Taxes: 001-3135 001-3101 Sales Tax 001-3120 Transient Occupancy 001-3121 Franchise 001-3130 Property Transfer Subventions - State: 001-3135 Motor Veh-in Lieu 001-3136 Mobile Home In -Lieu 001-3145 Homeowners Exemption 001-3180 Off Highway Tax Fines & Forfeitures: 001-3215 Traffic Fines 001-3220 General Fines 001-3223 Parking Fines 001-3225 Vehicle Impound Fees 001-3227 False Alarm Fees 001-3230 Narcotics Seizure Revenue 001-3235 Graffiti Restitution From Other Agencies: 001-3355 Intergovt Revenue -Other Cities 001-3360 Economic Development Grants Current Svc. Charges: Building Fees: 001-3411 Bldg Permits 001-3412 Plumbing Permits 001-3413 Electrical Permits 001-3414 Mechanical Permits 001-3416 Industrial Waste Fee 001-3420 Permit Issuance Fee 001-3425 Inspection Fees 001-3430 Plan Check Fee 001-3435 SMIP Fee REVISED 1996-87" City Managi City Councili:. Adjusted Est. Recommended: Approved. 1,800,000 1,800,000 120,000 120,000 110,000 110,000 10,000 5,000 2,040,000 2,035,000 0 2,200,000 2,200,000 210,000 210,000 650,000 650,000 120,000 120,000 3,180,000 3,180,000 0 2,450,000 1,850,000 1,000 0 30,000 30,000 1,500 1,700 2,482,500 1,881,700 0 100,000 15,000 5,000 85,000 70,000 15,000 15,000 50,000 50,000 300,325 500 500 500 465,825 241,000 0 250,000- 5,000 5,000 250,000 0 120,000 165,000 12,000 15,000 19,000 23,700 8,000 10,000 10,000 11,000 25,000 31,250 7,500 7,500 100,000 140,000 2,500 2,500 -2- CITY OF DIAMOND BAR GENERAL FUND ESTIMATED RESOURCES 1997-98 Planning Fees: 001-3441 Environmental Fees 001-3442 Adv. Planning Fees 001-3443 Current Planning Fees 001-3450 Miscellaneous Permits Engineering Fees: 001-3461 Engr. Plan Check Fees 001-3462 Engr. Permit Issuance Fees 001-3463 Engr. Encroachment Fees 001-3464 Engr. Inspection Fees 001-3465 Engr. Soils Review Fees Recreation Fees: 001-3472 Community Activities 001-3473 Senior Activities 001-3474 Athletics 001-3476 Fee Programs fit 11f1 Miscellaneous Revenue 544,500 626,000 0 WIN holl 1,10 s�115IVm Use of Money and Property: 001-3610 Interest Earnings 001-3615 Returned Check Charges 001-3620 Rents & Concessions 001-3635 Sale/Printed Material 001-3636 Sale/Printed Material-Engr 001-3690 Miscellaneous Revenue Interfund Transfers Fund Balance Reserve REVISED j 1996-97: City Managed, 'CW 0ouncit Adjusted Est. Recommendedk ;'Approve 10,000 10,000 500 0 40,000 25,000 500 500 70,000 70,000 5,000 4,000 4,000 3,000 75,000 50,000 26,000 26,000 8,000 8,000 82,560 56,000 65,000 10000 65,000 11101 10000 500,000 600,000 1,000 500 25,000 15,000 6,500 5,000 1,000 500 11,000 - 5,000 544,500 626,000 0 738,230 606,750 190,000 250,000 GENERAL FUND TOTAL 10,536,615 10,003,900 0 CITY OF DIAMOND BAR ESTBIATED EXPENDITURES 1997-98 OPERATING TRANSFERS OUT 9010 Transfer out -Library Fund 9250 Transfer out-CIP Fd 9510 Transfer out -Ins Fd DEPARTMENT TOTAL REVISED DEPARTMENT: Transferout. DMSIOH Transfer Ont IACCOUI T#. 40 1996-97 City Mgr. City Council Adjusted Budget Recommended Approved 50,000 62,525 350,000 260,000 267,500 $322,525 $667,500 $0 CAPITAL PROJECTS INCLUDE: Pantera Park 200,000 Civic Center Design 100,000 Sycamore Cyn - Landslide Repair _ 50,000 350,000 —45— REVISED CITY OF DIAMOND BAR ;FUND TYPE: Special Revenue SPECIAL FUNDS BUDGET AMENDMENT ;FUNCTION: Pub Trnsprtn 1997-98 IFUNa # 112 PROP A TRANSIT FUND FUND DESCRIPTION: The City receives Proposition A Tax which is a voter approved sales tax override for public transportation purposes. This fund has been established to account for these revenues and approved project expenditures. Budgeted expenditures for this fiscal year include the sale of $385„000 in Prop A Reserves. The proceeds from this sale will help to fund the refurbishment of the Library and partial funding of the Pantera Park construction project. ESTIMATED RESERVES: 2550 Fund Balance Reserve 3110 Local Trans Tx-Prp A 3610 Interest Revenue 3485 Transit Subsidy Prg Revenue _ $2,744,159 $0 TOTAL APPROPRIATIONS: 4090-7230 Contributions -Other Govts 4099-0010 Salaries 4099-0030 Wages -Part Time 4099-0070 City Paid Benefits 4099-0080 Benefits 4099-0083 Worker's Comp Expense 4099-0085 Medicare Expense 4099-0085 Cafeteria Benefits 4360-5310 CS-Exursions 4360-5315 CS -Holiday Shuffle 4553-2315 Membership 8 Dues 4553-5527 Bus Bench Maintenance 4553-5528 Public Transit Svcs. 4553-5529 Para -Transit Svcs. -Dial a Cab 4553-5533 Transit Subsidy Program 4553-5535 Transit Subsidy - Fares 4553-6220 Office Furniture (Trans Subs) 4915-9250 Trans out - CIP Fund 2550 Fund Balance Reserve TOTAL CAPITAL PROJECTS INCLUDE. 12498 DBB Rehb-Palomino-NCity Lmt (2 - Year Project) 09698 DB Park 8 Ride Expansion PERSONNEL INCLUDES: Full Time: Admin Secretary Part Time: Transportation Clerk FY96-97 City Manager City Council Adjusted Budget _ Recommended Approved -50- $1,281,779 $1,719,889 614,270 614,270 65,000 80,000 215,000_ 330,000 $2,176,049 _ $2,744,159 $0 385,000 8,100 1,720 6,700 11,750 170 50 1,160 250 100 150 670 950 1,300 350 32,000 32,000 20,000 5,000 7,500 7,500 3,500 3,500 4,000 4,000 205,000 235,000 72,000 58,200 215,000 330,000 1,000 120,000 100,000 1,479,519 1,567,739 $2,176,719 $2,744,159 $0 30,000 70,000_ 100,000 0.05 0.50 REVISED CITY OF DIAMOND BAR iFUNDTYPE,, Sped Revenue SPECIAL FUNDS BUDGET ;FUNCTION:- StrMaiiltlGonst'i 1997-98 `FUND*..11 SLTPP FUND FUND DESCRIPTION: FY96-97 City Manager City Council Adjusted Budget Recommended Approved ESTIMATED RESOURCES: 3XXX Intergovt Revenue-SLTPP 42,500 TOTAL $0 $42,500 $0 APPROPRIATIONS: 4915-9250 Transfer Out - CIP Fund 42,500 2550 Fund Balance Reserve---_ $0 - - - $42,500 $0 TOTAL CAPITAL PROJECTS INCLUDE: 12498 DB Blvd Rehab -Palomino to N City Limit $42,500 —54— REVISED CITY OF DIAMOND BAR FUND'TYPE: SpeciaLRev®nue' SPECIAL FUNDS BUDGET !FUNCTION,.*:F�atCrtnProvertitni- 1997-98 FUNQ'# i21- ; PROP A - SAFE PARKS ACT FUND DESCRIPTION: The Los Angeles County Safe Neighborhood Parks Act was passed in 1992. This act provides funds to Cities to improve, preserve, and restore parks. For FY93-94, the City was awarded $2,040,000 for this purpose. In 1996 an addtional $275,250 was allocated for the same purpose. The balance of available funds will be used to complete the construction of Pantera Park. 1996-97 City Manager City Council Adusted Budget Recommended Approved ESTIMATED REVENUE: 3320 Park Grants $1,925,884 $2,056,000 TOTAL $1,925,884 $2,056,000 APPROPRIATIONS: 4915-9250 Transfer Out-CIP Fd 1,925,884 2,056,000 2550 Reserves TOTAL $1,925,884 $2,056,000 $0 CAPITAL PROJECTS INCLUDE: 06598' Pantera Park - Development $2,056,000 $2,056,000 —58— REVISED ITY OF DIAMOND BAR ;FUND TYPEt special Revenuef SPECIAL FUNDS BUDGET FUNCTIOAjsk Str liU60000 1997-98 [FUNDAP.,'' PARK & FACILITY DEVELOPMENT FUND FUND DESCRIPTION. The purpose of this fund is to provide resources for the development and enhancement of City's parks. FY96-97 City Manager City Council Adjusted Budget Recommended Approved ESTIMATED RESOURCES: 3630 Sale of Fixed Assets - Land 1,300,000 TOTAL $0 $1,300,000 $0 APPROPRIATIONS: 2550 Fund Balance Reserve 1,300,000 TOTAL $0 $1,300,000 $0 —58A— A w H J F- it W 3 Q O m Z O Zi a LU jr Q ani 0; _ REVISED CITY OF DIAMOND BAR FUND TYPE: Capital Project SPECIAL FUNDS BUDGET FUNCTION > Capitat'Project 1997-98 IF UND CAPITAL IMPROVEMENT PROJECTS FUND LANDSCAPE AND IRRIGATION PROJECTS: 12998 BCR Pkwy Imp-Ftn Spr/Cool Spy 180,000 Gas Tax TOTAL LANDSCAPE AND IRRIGATION IMP. $180,000 GRAND TOTAL - CAPITAL PROJECTS —70— $7,364,250 07 01 01 O7 Q8� O O O O O I i tjopp N I f0 I OD r r IN7i ! fJi r�� m � 3 � g c � a I d Q ! y Q OJl Ovi 01 OI Ol 07 01 01 O7 Q8� O O O O O I i tjopp N I f0 I OD r r IN7i ! fJi r�� W 47 a a O S p N a O 101 m O'Ij O I Or OI O1W V V OJl Ovi 01 OI Ol S O O O O 07 01 01 O7 Q8� O O O O O 1 c�W Q o CO) co � O O TM N rnrn w 4 I i " s' tjopp I i 1 N a O 101 m O'Ij O I Or OI O1W V V OJl Ovi 01 OI Ol S O O O O i a a O P1 Of O a t L P QI 01 W Ol O OI 88 88 pQ88 88 � I •� a o A C w cn OOP1t, ¢ � t 1C> P _ P L u w P U N Of j #Z II {p Oo v I p pI_. W N Y1IA� L �p W a y a O 01 i O O O O O O� x l � I pp O r I Q N V (aji (a(pp Of V N OD W V 8 1 Or (Nn�'' V /0 10 OD V i0 N W I O !P 1 i I V V V V V 1 c�W Q o CO) co � O O TM N rnrn w 4 I i 1 I,�r S O O O O i a a O P1 Of O a t L P QI 01 W Ol O OI 88 88 pQ88 88 •� a o A C w cn OOP1t, ¢ � t 1C> P _ P L u w P U N O O O C O #Z II 1 c�W Q o CO) co � O O TM N rnrn w 4 I i 98 pp {�{�N. I A 't j w+ Ivo A w Of V V I Ol O IJ O N �. A (p N L' O.'N pl W V; Of A V IAO i CA o a 25 25 25 g OfOOD p o', Ell 1p1 V i V p� fA W (p/� L fT a W j fT Imo` N�N N' SIN OD N O1 L {DIN pNj V V V VO V O ((�� ~• V i N N N N N Or a s A QI IJ {D QQAD jJyQi {(VJp1 y S OD (Q�l1 N N V fVJ N V qppO1 rV O N O 8 Oo VI ii(�.1hi I j fn N Of fail .N.• O N m y N p N jp i O w t0 W L N IVD jI O •. O O V V po f�Vpp fpfp���� N �! Co CO w W OjN v p Em cm I i i I N N O O> W N N a Or tJ� W dig gIg!g +�_N s' g �NIsso W w 1 N N N j fD W �N{p W w to V .a.• a to A N v In GI 1J A W a� �. o id `Q'.. d m c u N a a j W a fn m ' C c^ O G CN 1 p I:J .r o s 1 c c a o o t o > Qg0 N N 7 6; N fTl ? a m (0 I i 98 pp {�{�N. I A 't j w+ Ivo A w Of V V I Ol O IJ O N �. A (p N L' O.'N pl W V; Of A V IAO i CA o a 25 25 25 g OfOOD p o', Ell 1p1 V i V p� fA W (p/� L fT a W j fT Imo` N�N N' SIN OD N O1 L {DIN pNj V V V VO V O ((�� ~• V i N N N N N Or a s A QI IJ {D QQAD jJyQi {(VJp1 y S OD (Q�l1 N N V fVJ N V qppO1 rV O N O 8 Oo VI ii(�.1hi I j fn N Of fail .N.• O N m y N p N jp i O w t0 W L N IVD jI O •. O O V V po f�Vpp fpfp���� N �! Co CO w W OjN v p Em cm I i i I N N O O> W N N a Or tJ� W dig gIg!g +�_N s' g �NIsso W w 1 N N N j fD W �N{p W w to V .a.• a to A N v In GI 1J A W a� �. o id `Q'.. d m c u N a a j W a fn m ' C c^ O J J P r r r N y V) � I� � C 0 � � � � N C N C D d a a Z _n m N' If O'O 0 0 OHIO 0 0 Oi0 0 0 — 0 0 0 0 0 0 ` ECA 0 N S O v1'71N S O U N O f N S O �.. ul p� 'y -0) i pW{m�� m a� Cb OIC 00 O IN W WiN V w O tD!W {pyo O v Qy v �I 2 V � C O �0 O W- N Oo OD V+ O a O1 QI m N NCD 1 N 0 A �p �7 O� V i N D I "ted N N W O) (71 (N71 OD 0 V\ Cr OG m IWD V 0.V V 00 Oj N 1J N N W wv N a o O Q I � Pj V N U W V V1 V V co f � 1 A I � L. -. Ul OI O Oi O' N N j A I I W i O ��--- � _ W W I N N N po Q1 :01 d a a A a W ld 0 V f0 Q V p f7i d A d N d 1p (�l� N y N (aO j. N Ja U A a N V r Qr r a N I � I 1 W W y m N N C N P _� m L W L W 0) a W N L L L tP U it � R v L V, ;P L - L i a W City Of Diamond Bar Personnel Summary Fiscal Year 1997-98 FULL TIME 1996-97 POSITION Approved Actual -City Manager 1 1 -Assistant City Manager 1 1 -Community Develop. Dir 1 1 -Dir.Of Community Services 1 1 -City Clerk 1 1 -Accounting Manager 1 1 -Deputy Public Works Director 1 1 -Assistant to City Manager 1 1 -Associate Planner 0 0 -Senior Planner 1 1 -Senior Engineer 0 0 -Senior Accountant 1 1 -Supt of Parks & Maint 1 1 -Secretary to City Manager 1 1 -Administrative Assistant 2 2 -Community Relations Officer 1 1 -Deputy City Clerk 1 1 -Administrative Secretary 3 3 -Secretary 0 0 -Assistant Planner 1 1 -Assistant Civil Engineer 1 1 -Code Enforcement Officer 1 1 -Maintenance Worker II 1 1 -Community Services Coordinator 0 1 -Clerk Typist 1 1 Totals 24 25 PARI T TIU POSITION 1996-97 Approved Actual -Account Clerk 1 1 -Clerk Typist 1 1 -MIS Assistant 1 1 -Planning Technician 1 1 -Comm. Serv.Coordntr. 2 1 -Comm. Serv. Leader II 2 2 -Comm. Serv. Leader 1 1 1 -Parks Maint.Helper 5 5 -Engineering Intern 1 1 -Planning Intern 0 0 -Adminstrative Intern 1 1_ Totals 16 15 1997-98 Proposed Approved 0 0 1997-98 Proposed Approved 0 0 j N N U1 CJ1 w 0 O 3 c N CD V j O O A � � N O cCP o 3 CD c w m CD � rt o � CD c Q (7 O m CDr� C (D 4 w N A Cn 0 v r (Q ((D Q m z m r mn c co z (Do V M tD xOD m z v c X m CA INTEROFFICE MEMORANDUM TO: Honorable Mayor and Members of City Council FROM: Terrence L. Belanger, City Manager 1 C_ RE: FY 1997-98 Municipal Budget: General Fund, Special Funds And Capital Improvement Program DATE: May 20, 1997 General Fund Overview: The City of Diamond Bar is about to begin its ninth fiscal year (FY 1997-98). As has been reported to the Council over the past several fiscal years, the City will lose its incorporation population (74,115), which is currently used by the State of California to subvent (on a per capita basis) motor -in -lieu, gas tax and other revenues. By law (Rev.& Tax. Code, Sec. 11005.3 ), commencing with FY 1997-98, State subventions by the State to the City will be based upon actual population, which is estimated to be 56,659. The estimated loss in General Fund revenue could be as much as $600,000 and the loss in Gas Tax revenues could be as much as $315,000. The revenue reduction is permanent. The future impacts of this revenue reduction must be mitigated through revenue expansion and/or service delivery changes. Redevelopment is another tool for'mitigating the impacts of the revenue reduction. The effective form of revenue expansion is sales tax. Increases in sales tax will come through the attraction of businesses into existing commercial centers and retention of businesses in those same commercial centers. While programs to retain, attract and assist businesses in existing commercial areas are beneficial, full occupancy in those commercial areas is not going to significantly expand revenue, as compared to the projected revenue "shortfall". Revenue expansion, in the form of new retail commercial development, should be seriously considered and decisions made to implement such revenue expansion activities. If the revenue "shortfall" is to be primarily dealt with through revenue expansion policies, a very proactive approach to revenue expansion activities is essential. The second aspect of a program for dealing with the impending revenue reduction is the reduction of annual expenditures. In the proposed FY 1997-98 Budget, staff has made several recommendations to the Council regarding reorganization, service delivery and service reduction. The overall goal is to implement the revenue enhancement activities and expenditure reduction decisions that will mitigate the impact of the "shortfall", beginning with FY 1997-98. BUDGET: FY 1997-98 MAY 20, 1997 PAGE TWO General Fund Revenue: The FY 1997-98 General Fund Budget prcjects overall resources to be $10,003,900. There is a $250,000 transfer into the General Fund from the Reserve Fund related to expenditures for an architect to begin the needs assessment, space planning and design services for a civic center ($100,000), Sycamore Canyon Park slope repairs ($50,000) and the transfer of monies to the self-insurance fund ($100,000). Also, $250,000 in revenue is projected through the sale of Proposition A Transit reserves ($385,000). This revenue is to be allocated to a Diamond Bar Branch Library building renovation project, with the County of Los Angeles ($50,000) and to Pantera Park where additional monies are needed to fund the total project costs ($200,000). The FY 1997-98 General Fund Budget proposes $9,642,765 in appropriations. There is projected fund balance (June 30, 1998) of $361,135. The estimated fund balance on June 30, 1997 is $618,136. The projected fund balances will be allocated to the General Fund Reserve Fund. The City's three major revenue sources are motor -in -lieu, sales tax and property tax. The FY 1997-98 budget estimates that two of these revenue sources (sales tax and property tax) will not vary significantly from FY 1996-97. As noted above, motor -in -lieu revenues will decrease significantly (up to $600,000). Other changes in revenues come primarily from estimated increases in interest income and building permit processing fees. FY 1997-98 General Fund Budget Summary: The City of Diamond Bar will conclude FY 1996-97 in a strong financial position. The City ended FY 94-95 with a General Fund balance of $8,178,372. At the end of FY 95-96, the General Fund Reserve Fund is projected to increase by 21.14%, to 9,907,000 (June 30, 1996). It is projected that the General Fund balance will increase by 4.1% to $10,335,140, as of June 30, 1997. The FY 1997-98 operating budget is based upon existing levels of service. Twenty-five (25) full-time staff positions are proposed. Fifteen (15) part-time positions are also proposed. Public Safety The FY 97-98 appropriations for law enforcement services total $3,704,500, due to cost reductions of service items. $7,550 has been allocated for Community Volunteer Patrol. It is recommended that $5,000 be allocated for CSTI training for deputies.. Animal Control services are proposed to be $65,000. Emergency Preparedness Services is proposed to be $37,100, which includes the cost of a part time coordinator ($12,000). The total cost for Public Safety services is $3,812,680, which approximately 39.5% of the proposed FY97-98 operating budget. COPS will fund capital outlay items. BUDGET: FY 1997-98 MAY 20, 1997 PAGE THREE Public Works The proposed Public Works budget is $1,3 12,875 which is a 5.4% decrease as compared to FY97 ($1,384,114). The projected decrease is due, primarily, to reductions in tree maintenance ($25,000), traffic engineering ($18,000), and personnel cost allocations ($12,500). Community Development The proposed FY 97-98 allocation is $718,100, which is a 8.6% decrease over the FY97 allocation ($779,650). The decrease is due largely to the winding down of the development code preparation process. There is an increase in Building and Safety. ($50,000), due to an increase in construction and renovation activities. Community Services The Community Services budget ($1,294,255) proposes a decrease of 12.9% (FY97 was $1,461,755). The budget reflects decreases in the recreation contract classes room rentals ($48,000) and the winding down of the parks and facilities master plan preparation process ($107,000). The Concerts in the Park series, which in FY97-98 will feature ten (10) weekly concerts, will be conducted for the seventh year. Legislative and Governmental Services This combination of services includes: City Council, City Manager, City Clerk, Finance, Community Relations, Economic Development and General Government. The proposed allocation for these services is $1,837,355, which is 11.1% less than -the FY97 allocation ($2,056,151). Personnel Recommendation(s) Although the proposed budget does not reflect the cost impact, it is recommended that the employees receive a cost of living increase in salary. It is proposed that a merit pay pool be created ($25,000) so that exceptional performers can be rewarded. It is also recommended that the cafeteria benefit amount be increased by $50 per month. Also, it is proposed that the City Council consider the adoption of a reorganization proposal (also, not in the proposed budget), which would eliminate the position of Assistant City Manager and create two Deputy City Manager position, who would head the newly created departments of Development Services and Administrative Services (all City services would incorporated into one of these two departments). It is also proposed that non -fee City Engineering services be eliminated. Instead, it is proposed that City Engineering and related fee-based engineering services be contracted to a single BUDGET: FY 1997-98 MAY 20, 1997 PAGE THREE Public Works The proposed Public Works budget is $1,312,875 which is a 5.4% decrease as compared to FY97 ($1,384,114). The projected decrease is due, primarily, to reductions in tree maintenance ($25,000), traffic engineering ($18,000), and personnel cost allocations ($12,500). Community Development The proposed FY 97-98 allocation is $718,100, which is a 8.6% decrease over the FY97 allocation ($779,650). The decrease is due largely to the winding down of the development code preparation process. There is an increase in Building and Safety ($50,000), due to an increase in construction and renovation activities. Community Services The Community Services budget ($1,294,255) proposes a decrease of 12.9% (FY97 was $1,461,755). The budget reflects decreases in the recreation contract classes room rentals ($48,000) and the winding down of the parks and facilities master plan preparation process ($107,000). The Concerts in the Park series, which in FY97-98 will feature ten (10) weekly concerts, will be conducted for the seventh year. Legislative and Governmental Services This combination of services includes: City Council, City Manager, City Clerk, Finance, Community Relations, Economic Development and General Government. The proposed allocation for these services is $1,837,355, which is 1 1.1% less than -the FY97 allocation ($2,056,151). Personnel Recommendation(s) Although the proposed budget does not reflect the cost impact, it is recommended that the employees receive a cost of living increase in salary. It is proposed that a merit pay pool be created ($25,000) so that exceptional performers can be rewarded. It is also recommended that the cafeteria benefit amount be increased by $50 per month. Also, it is proposed that the City Council consider the adoption of a reorganization proposal (also, not in the proposed budget), which would eliminate the positionof Assistant City Manager and create two Deputy City Manager position, who would head the newly created departments of Development Services and Administrative Services (all City services would incorporated into one of these two departments). It is also proposed that non -fee City Engineering services be eliminated. Instead, it is proposed that City Engineering and related fee-based engineering services be contracted to a single BUDGET FY 97-98 MAY 20, 1997 PAGE FOUR Personnel Recommendations (cont): engineering firm. This change will save over $100,000 in direct costs and "free -up" 30 to 40 % of the Assistant Civil Engineers time. There are several recommended classification changes and related compensation changes, which haven't been reflected in the proposed budget. These revised classifications and compensation (see attached memorandum), reflect the organizational needs of the City and the marketplace costs of attracting and retaining of employees. FY 1997-98 Special Funds Gas Tax Estimated Gas Tax resources available in FY 97-98 are $3,084,565. It is proposed that the Gas Tax Fund allocate $606,750 to the General Fund to fund street cleaning, parkway maintenance, curbs, gutters and sidewalk repair, inspections and staff services. The FY 97-98 Budget allocates $2,387,500 to Capital Improvements to fund the following proposed projects: -Pathfinder Road rehab (Shaded Wood to DB Blvd) -Diamond Bar BI rehab (Palomino to Temple) (Two year project) -Golden Springs (Brea Cyn to west City limit) (Two year project) -Golden Springs (Grand to Torito) (Two year project) -Brea Cyn rehab (Golden Springs to Pathfinder) (design) -Brea Cyn rehab (Pathfinder to south City limit) (design) -Lemon rehab (Golden Springs to north City limits (design) -Sunset Crossing streetscape (west of SR57) (design) -Brea Cyn streetscape (Cool Springs to Fountain Springs) -Phase I - Slurry Seal/Sidewalk Program -Meadowglen rehab and seepage mitigation -Ambushers seepage mitigation -Chinook/San Leandro seepage study -Rule 20A Utilities Undergrounding - Pedestals -Sidewalk improvements The Gas Tax Fund would have a year end unappropriated reserve of approximately $90,315. BUDGET FY 97-98 MAY 20, 1997 PAGE SIX Community Development Block Grant Fund The proposed revenue for FY 97-98 is $555,950. Proposed allocations for FY 97-98 are $555,950. CDBG funds several community service programs, which include YMCA child care, senior programs, Project Sister training program, and others; and, several CIP projects, which include handicap access ramps, sidewalk improvements/installations and City park ADA retrofits. Integrated Waste Management Fund This fund provides for the administration of the City's solid waste management activities and the implementation of programs recommended in the City's SRRE (Source Reduction and Recycling Element). Recently, the Public Works Department has been assigned the responsibility to manage the consultants and staff as they continue the implementation of residential sector programs: multi -family recycling, on-site composting, public education/information and monitoring. Commercial sector programs being implemented include: at -source recovery/recycling, representative waste audit, education/information and monitoring programs. The costs associated with these programs are already a part of the FY 97-98 Integrated Waste Management Fund. Estimated resources are $204,755. Proposed allocated expenditures are estimated to be $90,520. The estimated year-end Fund balance reserve is $114,235. Proposition A - Safe Parks Act Fund This fund will provide resources to build Pantera Park. A total of $2,200,500 has been committed from Prop A 1992 & 1996, with the remaining $2,056,000 allocated for FY 97-98. The total estimated cost of Pantera Park is $2,792,392, other funds will provide necessary monies beyond those allocated from Prop A, which include park fees ($320,000), developer fees ($72,636) and Prop A Transit reserves sale $200,000. Capital Improvement Fund (CIP) The FY 1997-98 CEP Budget proposes an expenditure program in the amount of $7,364,250. The CIP proposes $2,996,000 for street improvements, $630,000 for traffic control improvements, $3,120,000 for park and recreation improvements; and, $608,250 for miscellaneous capital improvements. You are referred to budget document for more detail, on the various projects. BUDGET FY 1997-98 MAY 20, 1997 PAGE SEVEN ISTEA Fund The Intermodal Surface Transportation Efficiency Act (ISTEA) Fund provides resources for improving major transportation roadways. 'No monies are available in FY 97-98. COPS Fund It is anticipated that the Los Angeles Sheriffs Department will provide a list of specific capital outlay items that the LASO would like to have acquired, in FY 97-98. Narcotics Asset Seizure Fund There is a fund balance of $294,000 in this fund. The monies in the Narcotics and Law Enforcement Fund can only be used for narcotics enforcement, substance abuse education/training, and law enforcement activities. Park and Facilities Development Fund There is expected to be a balance of $1,300,000, in FY 97-98. There are FY 97-98 allocations recommended, at this time. Redevelopment Agency Fund To be determined. However, if the Economic Revitalization Area Plan is adopted, related staff costs would be allocated to the DBRDA ($115,000). There would also be other operational expenditures budgeted. There would be several capital improvement projects funded by the DBRDA, e.g., Diamond Bar Branch Library renovation, street rehabilitation projects, traffic signal projects and others. I N T E R MEMO O F F I C E To: TERRANCE BELANGER, CITY MANAGER From: RICHARD J. MARTINEZ, CAPTAIN Subject: CRIME & TRAFFIC SUMMARY FOR 97/98 BUDGET SESSION Date: MAY 19, 1997 The following is a summary of relevant information for consideration at the budget workshop tomorrow. This crime and arrest data compares calendar year 1996 to 1995 and, also, compares the first quarter of 1997 to the first quarter of 1996. The traffic summary compares the past 12 months to the previous 12 months (5/96 thru 4/97 vs. 5/95 thru 4/96). The Special Problems Unit, Community Volunteer Program, and the State/Federal monies are referred to by attachment. PART I CRIMES: 1996 +8% (Attachment "A") 1997 1st Quarter -35% (Attachment "A") ARRESTS - PART I ONLY -17% (Attachment "B") ARRESTS - ALL OFFENSES -6% (Attachment "C") TRAFFIC ACCIDENTS +3% (Attachment "D") SPECIAL PROBLEMS (Attachment "E") UNIT (290B) COMMUNITY VOLUNTEER (Attachment "F") PATROL -FEDERAL, STATE, & (Attachment "G") FORFEITURE MONIES RJM/DES/ad CITY OF DIAMOND BAR ANALYSIS OF CRIME TRENDS ABSTRACT: A trend analysis was completed on data for the past three years on all Part I Crimes and other selected offenses. The data used was from the Bureau of Criminal Statistics and not the Crime Analysis Unit Statistics. The analysis examined data for the period January 1, 1994 until December 31, 1996 It revealed four important points. First, there were fluctuations in the total number of Part I Crimes during this period. Second, the analysis revealed that fluctuations were also evident in the yearly totals for several Part I Crimes. Third, one of the Part I Crimes reflected a steady increase in the yearly totals while one of the other selected offenses showed a steady decline. Four, we expect that these fluctuations will continue in the future. City of Diamond Bar Part I Totals (1994 - 1996) 1800 1500- %1200 500%1200 E 900- z 800 300 0- 1894 1885 1886 Year ❑ Part I Total Trend Figure I Total Part I Crimes In 1994, the total number of Part I Crimes was 1,702 while the total number of Part 1, Crimes in 1995 was 1,598. This represented a 6 percent decrease in the total number of Part I Crimes from 1994 to 1995. However, in 1996, the total number of Part I Crimes increased to 1,730, that represented an 8 percent increase from 1995 to 1996. Of the Part I Crimes, larceny theft was the only one to show a steady increase over the three years period. In 1994, the total number of larceny theft incidents was 675 while the total for 1995 was 723. The increase in the number of larceny theft incidents continued with 757 incidents in 1996. From 1994 until 1996 there was a steady decline in the number of narcotics' incidents. We reported 131 incidents in 1994, while we reported 99 incidents in 1995. Our records show that we reported 96 incidents in 1996. CONCLUSION: Based on the trend shown for the past three years, we expect that fluctuations in the total number of Part I will continue in the future. The first quarter report for 1997 showed a decrease in the total number of Part I Crimes. Prepared by the Crime Analysis Unit - May 19,199 7 - M. 17TREArD29. WPD 0477 CWM&o07- "A** CITY OF DIAMOND BAR FIRST QUARTER From January 1, 1997 until March 31, 1997 Research showed a 35 percent decrease in the total number of Part I Offenses for the first quarter of 1997, when compared with the first quarter of 1996. Please refer to Figure 1. During the first quarter of 1996, the total number of Part I Offenses was 512. The total for the fust quarter of 1997 was 335. PART I OFFENSES: ♦ Homicide - Our records show that there was no change in the number of homicides reported during the first quarter of 1997. We reported one homicide during both quarters. ♦ Rape - In the first quarter of 1996, there was no rape reported. However, during the first quarter of 1997, two rapes were reported. ♦ Robbery - There was a 26 percent decrease in the number of reported robberies in 1997 when compared with 1996. Twenty-three incidents were reported in 1996, while there were seventeen incidents in 1997. City of Diamond Bar First Quarter - Total Part I Offenses 600 500 0 400 E 300 z' 200 100 0 Totals Year ❑ 1996 1997 Figure 1 -Total Part I Offenses ♦ Aggravated Assaults - In the first quarter of 1997, the number of aggravated assaults decreased 32.7 percent compared with the first quarter of 1996. There were 58 incidents in 1996 while there were 39 in 1997. ♦ Burglary - During the first quarter of 1997, the number of reported burglaries decreased 41.1 percent compared with the first quarter of 1996. In 1996, 119 burglaries were reported while 70 were reported in 1997. ♦ Larceny Theft - The number of larceny theft incidents decreased 24 percent during the first quarter of 1997 when compared with the first quarter of 1996. In 1996, there were 206 incidents while in 1997 there were 156 incidents. ♦ Grand Then Vehicle - Research showed that there was a 51.9 percent decrease in the number of grand theft vehicle incidents during the first quarter. One hundred two incidents were reported in 1996 while there 49 incidents in 1997. ♦ Arson - During the first quarter of 1997 the number of incidents decreased from three to one. OTHER OFFENSES: ♦ Narcotics - During the first quarter the number of incidents decreased from thirty-three to fifteen. ♦ Felonies Miscellaneous - The number of incidents increased from five to nineteen. ♦ Felony Sea Crimes - In the first quarter of 1997, the number of incidents decreased from six to two. ♦ Misdemeanor Sea Crimes - Two incidents were reported during the first quarter of 1997 while six were reported in 1996. ♦ Vandalism - Our records showed 87 incidents during the fust quarter of 1996 and 75 in 1997. Prepared by the Crime Analysis Unit - May 19, 1997 M.1971 Q292. WPD aA// LOS ANGELES COUNTY SHERIFF'S DEPARTMENT WALNUT REGIONAL STATION *CRIME STATISTICS - CITY OF DIAMOND BAR TEAM - 292 - QUARTERLY REPORT PART I OFFENSES QUARTER QUARTER JAN - MARCH 97 JAN - MARCH 96 HOMICIDE 1 1 RAPE 2 0 ROBBERY 17 23 AGGRAVATED ASSAULTS 39 58 BURGLARY 70 119 LARCENY THEFT 156 206 GRAND THEFT VEHICLE 49 102 ARSON 1 3 TOTAL 335 512 Percent Change -34,6% OTHER OFFENSES NARCOTICS 15 33 FELONIES MISCELLANEOUS (kidnapping +) 19 5 FELONY SEX CRIMES 2 6 MISD. SEX CRIMES 3 6 VANDALISM 75 87 'BUREAU OF CRIMINAL STATISTICS DATA USED, NOT THE C -CAP STATISTICS R A/t J Q H 0 H A O 2 m LL C 10 U) W N 2 w U. LL. O H 9 O r V h co O N O N 0 Z N w Q Z n O O T t0 W UUn) v_) Z U w m U 0 Q mC9� cn = 0 Z 000 fam (.D O LLLL2> a O O 0 0 0 0 0 0 0 O O r to N N O O O r Q O O O r O T O to to Cn N O t0 00 0 0 to T a it C a Y_ LU N 0 Z _ w Q Z w w F W = LL w LL U- O V cniU� w r¢}}� U a w 0 W UUn) v_) Z U w m U 0 Q mC9� cn = 0 Z 000 fam (.D O LLLL2> a it 9 O Z O a+ CL m m LL m N w N Z W W W O a c w � Q U � w N O w w W = tz w} H w W O (n XVX W Ux w >— gZ U mpp r W �u1y w v H Ir 2 0 0 0 O LU w LL LL NI IIIYIIYIIY �INIIII�I IIIR� c w � Q U � w N O w w W = tz w} H w W O (n XVX W Ux w >— gZ U mpp r W �u1y w v H Ir 2 0 0 0 O LU w LL LL H Z W F K a 0 H LL W z a 0 U W J W O J Q 0 a u 0 a Q C A N W N Z W LL 0 a IL LLI U W 0 W Q= ViJ �_ wz (QJZ �> p wt-L1L W UMC (DV LU = W } p W W Z Q LL 0 W C/) w N X Cl) Z 2 p 0 0 o o °W Ir LOS ANGELES COUNTY SHERIFF'S DEPARTMENT WALNUT REGIONAL STATION *ARRESTS STATISTICS - CITY OF DIAMOND BAR TEAM - 292 CITY AREA TOTAL 1995 1996 658 616 PERCENT CHANGE -6.38% 1st QUARTER 1st QUARTER 1996 1997 219 107 -51.14% LOS ANGELES COUNTY SHERIFF'S DEPARTMENT TRAFFIC COLLISION REPORT DIAMOND BAR 05/01/96 TO 04/30/97 DATE: 05/19/97 COLLISIONS TOTAL NON -INJURY & PRIVATE PROP COLLISION REPORTS ............. 508 TOTAL INJURY & FATAL COLLISIONS .............. TOTAL COLLISIONS (INJURY+NON-INJURY)." " " " " " ' 195 703 DUI COLLISIONS -------------- NUMBER OF DUI COLLISIONS WITH FATALITIES........... NUMBER OF DUI COLLISIONS WITH INJURIES........ 0 NUMBER OF DUI COLLISIONS INVOLVING PROPERTY DAMAGE........ 8 TOTAL NUMBER OF DUI COLLISION DEATHS ............... 2 TOTAL NUMBER OF DUI COLLISION INJURIES ................... ,.. 10 TOTAL NUMBER OF DUI COLLISION ARRESTS........ TOTAL NUMBER OF DUI ARRESTS (BASED ON CITATIONS ISSUED),,.,,,, 23 NON -DUI COLLISIONS ------------------ NUMBER OF NON -DUI COLLISIONS WITH FATALITIES .................. 1 NUMBER OF NON -DUI COLLISIONS WITH INJURIES..... NUMBER OF NON -DUI COLLISIONS INVOLVING PROPERTY DAMAGE........ 506 TOTAL NUMBER OF NON -DUI COLLISION DEATHS..... TOTAL NUMBER OF NON -DUI COLLISION INJURIES... 1 ................. 290 VEHICLE/PEDESTRIAN COLLISIONS ----------------------------- NUMBER OF VEHICLE/PEDESTRIAN COLLISIONS WITH FATALITIES....... 0 NUMBER OF VEHICLE/PEDESTRIAN COLLISIONS WITH INJURIES......... 15 TOTAL NUMBER OF PEDESTRIAN FATALITIES..... TOTAL NUMBER OF PEDESTRIAN INJURIES...... " ' 0 15 VEHICLE/BICYCLE COLLISIONS -------------------------- NUMBER OF VEHICLE/BICYCLE COLLISIONS WITH FATALITIES.......... 0 NUMBER OF VEHICLE/BICYCLE COLLISIONS WITH INJURIES............ 7 TOTAL NUMBER OF VEHICLE/BICYCLE COLLISION FATALITIES.......... 0 TOTAL NUMBER OF VEHICLE/BICYCLE COLLISION INJURIES............ 7 AtT-r-"_AhV2C-,JT 11 A // PAGE 2 HIT & RUN COLLISIONS -------------------- TOTAL NUMBER OF HIT AND RUN FATALITIES ........................ 0 TOTAL NUMBER OF HIT AND RUN INJURIES .......................... 13 TOTAL NUMBER OF PDO HIT & RUN COLLISIONS ...................... 42 TRAFFIC CITATIONS ----------------- TOTAL NUMBER OF RADAR CITATIONS ISSUED ........................ 4885 TOTAL NUMBER OF BICYCLE CITATIONS ISSUED ...................... 9 TOTAL NUMBER OF PEDESTRIAN CITATIONS ISSUED ................... 4 TOTAL NUMBER OF SAFETY BELT VIOLATIONS ........................ 290 TOTAL NUMBER OF FINANCIAL RESPONSIBILITY CITATIONS............ 196 TOTAL NUMBER OF CHILD RESTRAINT CITATIONS ISSUED .............. 29 TOTAL NUMBER OF HAZARDOUS CITATIONS ISSUED .................... 6285 TOTAL NUMBER OF NON -HAZARDOUS CITATIONS ISSUED .....:.......... 546 TOTAL NUMBER OF CITATIONS ISSUED .............................. 6831 PARKING CITATIONS ----------------- TOTAL NUMBER OF PARKING CITATIONS ISSUED ...................... 1410 MISCELLANEOUS ------------- CHILD IN PASSENGER SEAT OR BELTS,NUMBER OF FATALITIES......... 0 CHILD IN PASSENGER SEAT OR BELTS,NUMBER OF INJURIES........... 0 CHILD NOT IN PASSENGER SEAT OR BELTS,NUMBER OF FATALITIES..... 0 CHILD NOT IN PASSENGER SEAT OR BELTS,NUMBER OF INJURIES....... 0 NUMBER OF CODE 3 OR PURSUIT COLLISION FATALITIES .............. 0 NUMBER OF CODE 3 OR PURSUIT COLLISION INJURIES ................ 0 NUMBER OF PATROL VEHICLE, REAREND COLLISIONS WITH AMBER ON.... 1 TOTAL NUMBER OF HAZ-MAT SPILLS ................................ 5 -------------------------------------------------------------------------- ENFORCEMENT INDEX ............................................ 32.3 -------------------------------------------------------------------------- i% b t/ LOS ANGELES COUNTY SHERIFF'S DEPARTMENT TRAFFIC COLLISION REPORT DIAMOND BAR 05/01/95 TO 04/30/96 DATE: 05/19/97 COLLISIONS TOTAL NON -INJURY & PRIVATE PROP COLLISION REPORTS ............. TOTAL INJURY & FATAL COLLISIONS.502 TOTAL COLLISIONS (INJURY+NON-INJURY)" " " " " " ' 176 .................. DUI COLLISIONS 678 NUMBER OF DUI COLLISIONS WITH FATALITIES ............... NUMBER OF DUI COLLISIONS WITH INJURIES..,,, 0 NUMBER OF DUI COLLISIONS INVOLVING PROPERTY DAMAGE...,,,.. 6 TOTAL NUMBER. OF DUI COLLISION DEATHS...... 9 TOTAL NUMBER OF DUI COLLISION INJURIES........ 0 TOTAL NUMBER OF DUI COLLISION ARRESTS ......................... 6 TOTAL NUMBER OF DUI ARRESTS (BASED ON CITATIONS ISSUED)....... 38 NON -DUI COLLISIONS ------------------ NUMBER OF NON -DUI COLLISIONS WITH FATALITIES .............. NUMBER OF NON -DUI COLLISIONS WITH INJURIES...., 3 NUMBER OF NON -DUI COLLISIONS INVOLVING PROPERTY DAMAGE ... 167 493 TOTAL NUMBER OF NON -DUI COLLISION DEATHS......... ............. TOTAL NUMBER OF NON -DUI COLLISION INJURIES ............. 3 ••••••. 242 VEHICLE/PEDESTRIAN COLLISIONS ----------------------------- NUMBER OF VEHICLE/PEDESTRIAN COLLISIONS WITH FATALITIES....... 2 NUMBER OF VEHICLE/PEDESTRIAN COLLISIONS WITH INJURIES........ 15 TOTAL NUMBER OF PEDESTRIAN FATALITIES ............. TOTAL NUMBER OF PEDESTRIAN INJURIES... 2 16 VEHICLE/BICYCLE COLLISIONS -------------------------- NUMBER OF VEHICLE/BICYCLE COLLISIONS WITH FATALITIES...... NUMBER OF VEHICLE/BICYCLE COLLISIONS WITH INJURIES............ 5 TOTAL NUMBER OF'VEHICLE/BICYCLE COLLISION FATALITIES.......... 0 TOTAL NUMBER OF VEHICLE/BICYCLE COLLISION INJURIES...... PAGE 2 HIT & RUN COLLISIONS -------------------- TOTAL NUMBER OF HIT AND RUN FATALITIES..... TOTAL NUMBER OF HIT AND RUN INJURIES.......... 0 TOTAL NUMBER OF PDO HIT & RUN COLLISIONS.. .... S 34 TRAFFIC CITATIONS ----------------- TOTAL TOTAL NUMBER NUMBER OF RADAR CITATIONS ISSUED... CHILD CHILD TOTAL OR BELTS,NUMBER OF INJURIES...... IN PASSENGER SEAT OR BELTS,NUMBER OF FATALITIES..... IN OF BICYCLE CITATIONS ISSUED...... ........... 6524 TOTAL NUMBER OF PEDESTRIAN CITATIONS ISSUED....... •• 17 TOTAL NUMBER NUMBER OF SAFETY BELT VIOLATIONS ........................ 26 TOTAL NUMBER OF FINANCIAL RESPONSIBILITY CITATIONS............ 651 TOTAL NUMBER OF OF CHILD RESTRAINT CITATIONS ISSUED..... HAZARDOUS " " 69 48 TOTAL NUMBER OF CITATIONS ISSUED...... " .......... NON -HAZARDOUS CITATIONS 8690 TOTAL NUMBER OF ISSUED........... CITATIONS ISSUED ••••• ........................... 582 9272 PARKING CITATIONS TOTAL NUMBER OF PARKING CITATIONS ISSUED..... MISCELLANEOUS " '"'• " " "•••• 1264 LANEOUS------------- CHILD CHILD IN IN PASSENGER SEAT OR BELTS,NUMBER OF FATALITIES......... PASSENGER SEAT 0 CHILD CHILD NOT NOT OR BELTS,NUMBER OF INJURIES...... IN PASSENGER SEAT OR BELTS,NUMBER OF FATALITIES..... IN NUMBER OF PASSENGER SEAT OR BELTS,NUMBER OF INJURIES...., CODE 3 OR PURSUIT 0 0 NUMBER NUMBER OF COLLISION FATALITIES....... CODE 3 OR PURSUIT COLLISION INJURIES,. 0 OF PATROL VEHICLE, REAREND COLLISIONS WITH AMBER ON.... TOTAL NUMBER OF HAZ-MAT 0 SPILLS..... 0 ...................... 0 ENFORCEMENT INDEX ......... .--------------------------------------------- ----------------------------------------------------------------49-------- AbN SPECIAL PROBLEMS UNIT - 290B FUNDED 7/l/95 7/1/95 THRU 4/27/97 ARRESTS: 102 CITES: ... 95 F.I.s: .....142 OBS...... 956 ASSISTS. . 79 NOTEWORTHY ACTIVITY 1995 1. Six gangmembers arrested for possession of cloned phones. 2. Developed information from homeowners re drug sales house for a search warrant. 3 search warrants served: Meth lab discovered; 4 oz. of finished product, 5 guns, stolen property recovered from neighborhood burgs. 3. 13 Bahala Na' (filipino gang) and Westside Criminals arrested in Sept. 4. 18 -year-old male DB resident/Wah Ching (Kenside) arrested for conspiracy to commit 187. 5. 7 Trigger Street arrested in Januray for 459, guns, GTA. 1996 6. Worked Krikorian Theater re 415 gangs/shooting. 7, Arrested Escapee from Oregon. 8. 1 from Sarzana for 187 questioning. 9. Answered call to assist fire dept: discovered computer fraud ring. 5 Asians. 10. Acting on info from C/I, discovered meth lab at 1334 Glenthorpe. 3 suspects. 11. 1 Aryan Brotherhood for possession meth for sales. 12. Located residence of significant Filipino gang "Marka Dimonio" (Mark of the Beast). 13. 2 San Gabriel gangbangers for 459 while casing a house in DB. 14. 1 Skinhead for meth. 15. FI'd Asian Family, Bahala `Na, & Sarzana gangbangers out looking for rival gangs. 16. "Concert in the Park". 1 Sarzana for CCW -metal shank, FI'd & tossed out 5 Sarzana looking for trouble. 17. Stopped alcohol sales to minors at "Sunshine Market". 18. 1 for ADW at Walnut/DB football game. 19. Led surveillance team re auto burgs in N/E. 1 arrest. Auto burgs stopped. 1997 20. Assembled "Probationer/Parolee Book"Program in March 1997 and is continuing. Program is to conduct searches and to follow up on known criminals. Several arrests made already.. 21. Established close contact with area schools including DBHS. Several arrests/cites at DBHS. 22. Undercover stakeout (vagrant dress) for taggers at Maple Hill and Heritage Parks. Arrested the primary suspect who has been tagging Maple Hill Park.' DES/ad aAjust290b.rev COUNTY OF LOS ANGELES SHERIFF'S DEPARTMENT Date: JANUARY 14, 1997 File No.: OFFICE CORRESPONDENCE FROM: DAVID E. STOTHERS, LIEUTENANT WALNUT/SAN DIMAS STATIONS SUBJECT: SUPPLEMENTAL FUNDING, AB 3229 TO: LARRY L. WALDIE, CAPTAIN WALNUT/SAN DIMAS STATIONS The following is the updated list of proposed items for purchase for the City of Diamond Bar through the AB 3229 monies this fiscal year. The items are not ranked by any particular order of importance. Description Approximate Number of Items Total Cost 1. Video recording systems for patrol vehicles Five (5) 2. Non-linear video editing system One (1) 3. Vehicle, undercover detective (plain) Two (1) 4. Vehicle, community relations (plain) One (1) 5.- Camera, 35 mm. SLR, with lenses One (1) 6. Computer identi-kit system One (1) 7. Locking radar holders Four (4) 8. Night -vision scopes Two (2) 9. Computers,with printers Three (3) 10. Training 11. Youth Athletic League funding (after-school programs) 12. Community relations promotional items 13. Television and VCR system One (1) 14. Binoculars Two (2) 15. Video recorder, with surveillance attachments One (1) 16. 480 Radios (with spare batteries and charger) Three (3) 17. Portable breathalyzers Ten (10) DES/ad dA Memos\ab3229 $25,000.00 $15,000.00 $45,000.00 $25,000.00 $ 2,000.00 $ 4,000.00 $ 300.00 $ 3,000.00 $12,000.00 $20,000.00 $ 5,000.00 $ 5,000.00 $ 1,000.00 $ 300.00 $ 1,500.00 $ 7,000.00 $1,000.00 $0 0a Q3a \\�ƒ\}moi CL 3/�■%���< 22�2g� {�Qes � ± I "C4-3;$_- \ % �t=§ R I j # , m I t f � 7 k § � § @ % . § a �« ^°��� & ■ n m � #42c a E \ 2 | ƒ � X45 � § �t=§ R I j # , m I t f k K d @ t \ 2 | ƒ § s & f � p $ 20-d -AVS PUOWULQ »o k4�3 �0 \\ §k k% z 0 aLf-j!� \ a- / VI:EI LEi-oz-,K-w CITY OF DIAMOND BAR MEMORANDUM TO: Terrence L. Belanger, City Manager FROM: Kellee A. Fritzal, Assistant to the City Manager �0111 SUBJECT: PANTERA PARK CONSTRUCTION EXPENDITURES DATE: May 19, 1997 Six bids were received for the Pantera Park Project which opened on May 8, 1997. The Engineer's Estimate for the base bid was $2,180,000 (not including contingency). Base Bid Totals om an Base Bid 7.5% Contingency Total 1) Terra -Cal Construction $2,079,288 2) Valley Crest Construction $2,096,003 Bid Alternatives Valley Crest Activity Room 126,360 Vertical Backstop 30,600 Hydroseed, instead of Hydrostolanization (1-755 $155,205 Base Bid/Alternatives and 7.S% Contingency 1) Valley Crest Construction 2) Tena -Cal Construction $155,946 $2,235,234 $157,200 $2,253,203 Terra -Cal 130,000 44,000 12,000 $186,000 $2,420,048 $2,435,184 Project expenditures to date, encumbrances and additional anticipated expenditures (utilities) total is $373,188. The total project cost including all alternatives is $2.793.236 Matrix attached. REVENUE Safe Parks Grant 92 $1,924,500 Safe Parks Grant 96 $ 276,000 Quimby $ 320,000 Developer Fees $ 73,000 Prop A Transit Sale $ 200,000 $2.793,500 cc: Pantera Park Team PANTERA PARK CONSTRUCTION PROJECT TO DATE EXPENDITURES Actual Expenditures 1993-94 34,833.00 1994-95 18,189.00 1995-96 105,616.00 1996-97 YTD 19,545.84 Subtotal 178,183.84 PROJECT ENCUMBRANCES Hunsaker 652.00 RJM 9,880.00 Heimberger 53,040.00 Heimberger 30,450.00 D & J 11,092.00 DLA 18,960.00 Leighton 8,620.00 Subtotal 132,694.00 ADDITIONAL ANTICIPATED EXPENDITURES Utility Hook-ups Water Dept 50, 360.00 Preparing LLA to decrease amount Estimates Edison 10,000.00 No greater than, proposed at $5,000 Storm Drain/Sewer 1,200.00 Signs 750.00 Subtotal 62,310.00 GRAND TOTAL Base Bid Contigency cQ 7.5% Total Base Bid Bid Alternatives: CONSTRUCTION BIDS Valley Terra - Cal Crest 2,079,288 2,096,003 155,946 157,200 2,235,234 2,253,203 Activity Room 130,000 126,360 Vertical Backstop 44,000 30,600 Hydroseed in lieu 12,000 (1,755) Total Alternatives 186,000 155,205 Contigency Q 7.5% 13,950 11,640 Total Alternatives Bid 199,950 166,845 Total Contract w/alt 2,435,184 2,420,048 Exp, Enc, & Addnl 373,188 373,188 Project Totals with Alternatives 2,808,372 2,793,236 Project Totals w/out Alternatives 2,608,422 2,626,391 373,168 INTEROFFICE MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL .A FROM: TERRENCE L. BELANGER, CITY MANAGER RE: REORGANIZATION AND CLASSIFICATION CHANGES DATE: FEBRUARY 21, 1997 ISSUE: Creating a more cost effective, more responsive and more productive organization is imperative, in view of the financial reality (several hundred thousands of dollars) confronting the City, on July 1, 1997. DISCUSSION: The City of Diamond Bar will experience a significant revenue "shortfall", on July 1, 1997. The "shortfall" is the result of a State statutory provision, which requires the use of actual population, rather than population at the time of incorporation, as the basis for State revenue subventions. This statutory provision becomes effective in the fiscal year following the eighth full fiscal year of a newly. incorporated city's existence. For Diamond Bar, the effective year is fiscal year 1997-1998. The estimate of revenue loss is up to $600,000 per annum, in the General Fund. The estimated revenue loss in the Gas Tax Fund is $315,000 per annum. The annual loss of revenue in the Gas Tax Fund will be mitigated by extending the time frame within which projects are funded, e.g., a project that is scheduled to be completed in FY97-98 would be pushed back to FY98-99. No such flexibility exists as regards the General Fund. As a general rule, the General Fund expenditures are funded with annual revenues, not General Fund reserves (savings). Using General Fund reserves to fund annual maintenance and operations is to engage in deficit spending. The mitigation of the anticipated General Fund "shortfall" will be accomplished by either increasing revenues, reducing expenditures or both. The following proposal is a plan that is intended, in part, to reduce expenditures through reorganizing the existing organization staffing structure and allocating personnel costs to funds other than the General Fund. SHORTFALL MITIGATION FEBRUARY 21, 1997 PAGE TWO REORGANIZATION: The existing City organization consists of an Assistant City Manager and five (5) departments (Community Development, Community Services, Management Services, Public Safety and Public Works). The total all funds cost for employees is $2,000,288. The total cost for General Fund allocated personnel expenditures is $1,840,613. The proposed reorganization eliminates the positions of Assistant City Manager ($108,723), Community Development Director ($102,776) and the City Engineer/Public Works Director (contract/$125,000 (non -fee related). The reorganization also proposes to reduce the number of operating departments from five to two: Development Services and Administrative Services. The two departments would be managed by a Deputy City Manager/Development Services and Deputy City Manager/Administrative Services ($217,446 total comp). A City Engineer would be retained strictly for plan checking and other such development fee based services. On-call plan checking contracts would be eliminated. Public Works activities would be managed by Development Services Department employees. The above changes would result in an estimated savings of $119,000. The proposed Development Services Department would include Building&Safety, Planning, Engineering, Public Works and Parks Divisions. The proposed Administrative Services Department would include City Clerk, Community Services, Public Safety, Finance, Community Relations, Personnel and Management Information Systems Divisions. The Diamond Bar Redevelopment Agency would be managed by the City Manager/Executive Director. Salaries related to the management of the DBDRA would be allocated, which would result in an estimated minimum General Fund reduction of $115,000. The following classification and/or compensation changes are proposed: Accounting Manager to Assistant Finance Director ($55,680 to $63;300 ($7,620); Community Services Director ($62,952 to $63,300 ($348); Assistant Public Works Director ($64,296 to $70,188 ($5,892); City Clerk ($60,528 to $63,300 ($2,772); Assistant to City Manager ($44,628 to $51,792 ($7,164); Community Relations Officer to Community Relations Manager ($41,472 to $51,792 ($10,320). The total General Fund savings realized through reorganization and additional allocations is $234,000. The additional compensation costs are $45,794. Total net General Fund savings would be $188,206. � � � u c 0 .ZZ; � .� � � � L � L � � � � 0 E .ct � %4- 0 u Q 2 7 IL § % ° J � 2 U ' U- 1 & # �2 7 \ § �k 1/E %3 a p� ƒ 6 $ 2 I k k � O � � E I a @ 6 $ c � � � 2 ° # n u7 ) c { > e o E ¢ § E § \ \ 0 od /3$ "0ƒƒ ƒ/// % U k® / 2{ » a f 0 7 7 % 2 f « « E 9 to e e o 6 O \ j 2 § 0 U — Q IL § % ° J � 2 U ' U- 1 & # �2 7 \ r/ 2 m �k 1/E %3 a p� ƒ 6 $ 2 I � ) , 2%S $ 2 I k k � O � � E I a @ � I ¢ � � � 2 ° # U t { > e o . f 0 \ « @ \ ±