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HomeMy WebLinkAbout7/1/1997CitC OUTIC1,( AGEND,. Tuesday, July 1, 1997 6:30 p.m. Regular Meeting South Coast Air Quality Management District Auditorium 21865 East Copley Drive Diamond Bar, California 97 765 Mayor Mayor Pro Tem Council Member Council Member Council Member City Manager City Attorney City Clerk Bob Huff Caro l Herrera Eileen Ansari Clair Harmony 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 O City Clerk, and are available for public inspection. If you have questions regarding an agenda please contact the City Clerk at (909) 860-2489 during regular business hours. In an effort to comply with the requirements of Title Il of the Americans with Disabilities Act of 1 the City of Diamond Bar requires that any person in need of any type of special equipment, assistal accommodation(s) in order to commu-nicate at a City public meeting, must inform the City Clej 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 th 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 th City Clerk. As a general rule the opportunity for public comments will take place at the discretion of the Chair. However, order to facilitate the meeting, persons who are interested parties for an item may be requested to give th r presentation at the time the item is called on the calendar. The Chair may limit the public input on any item or t total amount of time allocated for public testimony based on the number of people requesting to speak and t business of the Council. Individuals are requested to refrain from personal attacks toward Council Members or other persons. Commen which are not conducive to a positive business meeting environment are viewed as attacks against the entire C' Council and will not be tolerated. If not complied with, you will forfeit your remaining time as ordered by the Char. Your cooperation is greatly appreciated. In accordance with Government Code Section 54954.3(a) the Chair may from time to time dispense with public comment on items previously considered by the Council. (Does not apply to Committee meetings) In accordance with State Law (Brown Act), all matters to be acted on by the City Council must be posted at least 72 hours prior to the Council meeting. In cases of emergency or when a subject matter arises subsequent tot e posting of the agenda, upon making certain findings, the Council may act on an item that is not on the posted agenda. CONDUCT IN THE CITY COUNCIL CHAMBERS The Chair shall order removed from the Council Chambers any person who commits the following acts in respe ct to a regular or special meeting of the Diamond Bar City Council. A. Disorderly behaviortoward the Council or any member of the thereof, tending to interrupt the due and orde ly 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 pu Iic speaking area. Sign language interpreter services are also available by giving notice at least three business d iys in advance of the meeting. Please telephone (909) 860-2489 between 8 a.m. and 5 p.m. Monday through Fric ay. 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. THIS..MEETING IS.. BEI:NG BROADCAST .LIVE BY JONES INTERCABLE FOR AIRING'ON CHANNEL 121 AND BY3REMAINING IN THE ROOM,: YOU ARE GIVING YOUR:PERM.ISSIQN TO BE 'TELEVISED. :THIS MEETING WILL BE RE-BROADCASTON THE SATURDAY FOLLOWING THE COUNCIL MEETING AT. ',10.,00:A.M ON_CHANNEL 12 1. CLOSED SESSION: 2. CALL TO ORDER: PLEDGE OF ALLEGIANCE: INVOCATION: ROLL CALL: Next Resolution No. 97 - 4 Next Ordinance No. 03(1997 Following Regular Meeting 6:30 P.M. July 1, 1997 Presentation of Colors by JROTC - Ganesha High Schoo: Council Members Ansari, Harmony, Werner, Mayor Pro Herrera, Mayor Huff 3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 3.1 BUSINESS OF THE MONTH: 3.1.1 Presentation of City Tile to Charlie and Ricotta, owners of Charlie's Sandwich Sho 3.1.2 Presentation of Certificates of Recognitic the members of the Diamond Bar Econ Revitalization Ad Hoc Committee. CONVENE TO JOINT MEETING WITH THE REDEVELOPMENT AGENCY CALL TO ORDER: Chairman Werner ROLL CALL: Agency Members Ansari, Herrera, VC/Huff, C/Werner SPECIAL PRESENTATION BY TWO GUEST SPEAKERS ON THE SUBJ REDEVELOPMENT 3. OLD BUSINESS: (ITEMS 3.1 THROUGH 3.6 ARE CONTINUED JUNE 10, 1997) the L Tem ry e. to is any, OF 3.1 RESOLUTION NO. 97 -XX: A RESOLUTION OF THE DIAMOND BAR REDEVELOPMENT AGENCY RECOMMENDING APPROVAL BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR OF THE EXCLUSIO9 OF CERTAIN PROPERTY FROM THE PROPOSED DIAMOND BAR ECONOMIC REVITALIZATION AREA. Recommended Action: It is recommended that the Redevelopment Agency Board of Directors adopt Resolution No. 97 -XX recommending approval by the City Council of the exclusion of certain property from the proposed Economic Revitalization Area. JULY 1, 1997 PAGE 2 Requested by: Redevelopment Agency 3.2 RESOLUTION NO. 97 -XX: A RESOLUTION OF THE CITY COU CIL OF THE CITY OF DIAMOND BAR APPROVING THE EXCLUSIO OF CERTAIN PROPERTY FROM THE PROPOSED DIAMOND BAR ECONOMIC REVITALIZATION AREA. Recommended Action: It is recommended that the ity Council adopt Resolution No. 97 -XX approving the exclusion of certain property from the proposed Economic Revitalization Area. Requested by: City Council 3.3 RESOLUTION NO. 97 -XX: A RESOLUTION OF THE CITY COU CIL OF THE CITY OF DIAMOND BAR ADOPTING WRITTEN FINDINGS IN RESPONSE TO ORAL AND WRITTEN OBJECTIONS, COMMUNICATIONS AND SUGGESTIONS IN CONNECTION WITH THE PROPOSED REDEVELOPMENT PLAN FOR THE DIAMOND BAR ECONOMIC REVITALIZATION AREA OF THE DIAMOND BAR REDEVELOP ENT AGENCY. Recommended Action: It is recommended that the ity Council adopt Resolution No. 97 -XX adopting written findings in response to oral and written objections, communications and suggestions in connection with the proposed Redevelopment Plan. Requested by: City Council 3.4 RESOLUTION NO. R -97 -XX: A RESOLUTION OF THE DIAMOND BAR REDEVELOPMENT AGENCY CERTIFYING THE FINAL ENVIRONME TAL IMPACT REPORT FOR THE DIAMOND BAR ECONOMIC REVITALIZA ION AREA; ADOPTING THE MITIGATION MONITORING PROGRAM; ADOPTING THE FINDINGS AND FACTS IN SUPPORT OF FINDING3 AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS AND APPROVING THE REDEVELOPMENT PLAN. Recommended Action: It is recommended that the Redevelopment Agency adopt Resolution No. R -97 -XX certifying the final Environmental Impact Report for the Diamond Bar Economic Revitalization Area, adopting the Mitigation Monitoring Program, adopting the findings and facts in support of findings as required by The California Environmental Quality Act, adoptin a statement of Overriding Consideration and approving the Redevelopment Plan. Requested by: Redevelopment Agency 3.5 RESOLUTION NO. 97 -XX: A RESOLUTION OF THE CITY COUPCIL OF THE CITY OF DIAMOND BAR CERTIFYING THE F NAL JULY 1, 1997 PAGE 3 ENVIRONMENTAL IMPACT REPORT FOR THE DIAMOND BAR ECON MTC REVITALIZATION AREA; ADOPTING THE MITIGATION MONITORING PROGRAM; ADOPTING THE FINDINGS AND FACTS IN SUPPORT OF FINDINGS AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, APPROVING THE REDEVELOPMENT PLAN AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH. Recommended Action: It is recommended that the City Council adopt Resolution No. 97 -XX certifying the Environmental Impact Report for the Diamond Bar Economic Revitalization Area, adopting the Mitigation Monitoring Program, adopting the findings and facts in support of findings as required by the California Environ ..etal Quality Act, adopting a Statement of Overri ing considerations, approving the Redevelopment Plan and making certain findings in connection therewith. Requested by: City Council 3.6 FIRST READING OF ORDINANCE NO. XX (1997): AN ORDIN NCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND PAR, CALIFORNIA, APPROVING AND ADOPTING THE REDEVELOPMENT LAN FOR THE DIAMOND BAR ECONOMIC REVITALIZATION AREA. Recommended Action: It is recommended that the ity Council approve first reading by title only of Ordin nce No. XX (1997) approving and adopting the Redevelop ent Plan for the Diamond Bar Economic Revitalization Ar a. Requested by: City Council ADJOURNMENT TO REGULAR MEETING 8. OLD BUSINESS: 8.1 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-)) - On May 6, 1997, Council voted to call for review of the decision of the Planning Commission approving Conditional Use Permit (CUP) 96-10 and Development Review (DR) 6-9 for installation of a wireless telecommunications facility at 22401 Darrin Dr. The issue before the Council is whether or not to uphold the decision of the Commission. Continued from June 17, 1997. Recommended Action: It is recommended that the City Council review the decision of the Planning commission and direct staff as appropriate. Requested by: Community Development Director 8.2 ORDINANCE NO. XX(1997): AN ORDINANCE OF THE CITY OF DIAMOND BAR ESTABLISHING A MORATORIUM ON LAND I USE JULY 1, 1997 PAGE 4 ENTITLEMENT FOR WIRELESS COMMUNICATION FACILITIES AND DECLARING THE URGENCY THEREOF - On May 6, 1997, Coullcil directed preparation of a draft urgency ordinance establishing a moratorium on the issuance of permits for wireless telecommunication facilities. On May 20, 1997, Council received public testimony, discussed the prop sal and continued the matter. The issue before Council is whether or not to enact the proposed ordinance. continued from June 17, 1997. Recommended Action: It is recommended that the City Council consider the urgency ordinance and direct staff as appropriate. Requested by: Community Development Director 4. PUBLIC COMMENTS: "Public Comments" is the ime 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 mavimnm time limit when addressing the city Coun il. 5. SCHEDULE OF FUTURE EVENTS: 5.1 CONCERT IN THE PARK - Forte (Patriotic - Independenc Day Show) July 2, 1997 - 6:30 - 8:00 p.m., - Sycamore Canyon Park, 22930 Golden Spgs. Dr. 5.2 PLANNING COMMISSION - July 8, 1997 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.3 CONCERT IN THE PARK - July 9, 1997 - Country Westerr Doo Wah Riders - 6:30 - 8:00 p.m., Sycamore Canyon ark, 22930 Golden Spgs. Dr. 5.4 TRAFFIC & TRANSPORTATION COMMISSION - July 10, 1997 - 7:00 p.m., AQMD Board Hearing Room, 21865 E. Cople Dr. 5.5 CITY COUNCIL MEETING - July 15, 1997 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Dr. 6. CONSENT CALENDAR: 6.1 APPROVAL OF MINUTES: 6.1.1 Regular Meeting of June 3, 1997 - Approve as submitted. 6.1.2 Regular Meeting June 10, 1997 - Approve as JULY 1, 1997 PAGE 5 submitted. 6.1.3 Regular Meeting June 17, 1997 - Approve as submitted. Requested by: City Clerk 6.2 PLANNING COMMISSION MINUTES - Regular Meeting of May 27, 1997 - Receive and file. Requested by: Community Development Director 6.3 TRAFFIC & TRANSPORTATION COMMISSION MINUTES - Reglar Meeting of April 10, 1997 - Receive and file. Requested by: City Engineer 6.4 VOUCHER REGISTER - Approve Voucher Register dated July 1, 1997 in the amount of $767,969.79. Requested by: City Manager 6.5 TREASURER'S REPORT - Receive and approve Treasurer's Report for the month of May, 1997. Requested by: City Manager 6.6 RESOLUTION NO. 97 -XX: A RESOLUTION OF THE CITY CO NCIL OF THE CITY OF DIAMOND BAR, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ADOPTING THE STATEMENT OF INVESTMENT POLICY - Submitted for Council's review and approval is the proposed Investment Policy for FY 1997-98 anc its accompanying resolution. Continued from June 17, 997. Recommended Action: It is recommended that the City Council adopt Resolution No. 97 -XX adopting the FY 7-98 Investment Policy. Requested by: City Manager 6.7 RESOLUTION NO. 97 -XX: A RESOLUTION OF THE CITY CO NCIL OF THE CITY OF DIAMOND BAR APPROVING THAT CERTAIN AGREEMENT ENTITLED "JOINT POWERS AGREEMENT OF THE SELF- INSURANCE AUTHORITY FOR EFFECTIVE RISK MANAGEMENT" -The California Contact Cities Association (COCA), on hehalf of its members, has negotiated with the County of L.A. in an effort to reach agreement on how the law enforcement and public works risk liability pool would be funded and managed. After years of discussion, the CCCA is recommending to its member cities that a joint ex rcise of powers agreement (JPA) be entered into by those cities which contract for law enforcement and/or public works services with the County of L.A. The JPA would create a self-insurance pool that would be controlled by the member cities and administered by the California JPIA. JULY 1, 1997 PAGE 6 The proposed JPA would be the preferred alternative to having the County collect liability pool monies arid to administer same. Recommended Action: It is recommended that the City Council adopt Resolution No. 97 -XX approving that certain agreement entitled "Joint Powers Agreement of the elf - Insurance Authority for Effective Risk Management.' Requested by: City Manager 6.8 RESOLUTION NO. 96-53C: "RESOLUTION OF THE CIT OF DIAMOND BAR SETTING FORTH PERSONNEL RULES AND REGULA IONS REGARDING THE PAYMENT OF SALARIES, SICK LEAVE, VACAT ONS, LEAVES OF ABSENCES AND OTHER REGULATIONS" AND B DGET ADJUSTMENT - At the June 17 meeting, Council approved the 1997-98 budget, including the reorganization Flan. Included in the budget package was the recommendation that all employees receive a cost of living increase in salary and increase of $50.00 per month in the cafeteria benefit amount. The reorganization plan included the creation of several new positions (Deputy City Manager, Asst. Finance Director, Community Relations Officer, Secretary to the City Manager/Office Manager). The salary resolution reflects a 2.1% cost of living increase as determined by the State of California Department of Finance, $50 increase in cafeteria benefits and the ewly created positions. Recommended Action: It is recommended that theity Council adopt Resolution No. 96-53C setting f rth personnel rules and regulations regarding the payment of salaries, sick leave, vacations, leaves of absences and other regulations and budget adjustment. Requested by: City Manager 6.9 EXTENSION OF CONTRACT FOR MINUTE SECRETARY SERVICES - The City utilizes the services of a contract secretary to transcribe minutes for the City Council, Planling Commission, Parks & Recreation Commission and Traffic & Transportation Commission. These services allow clerical staff more opportunities to effectively handle contact with the public, answer phones, complete agendas, ost notices, complete mailings for hearings, and other duties as required. It has been proven that it is more cost effective to utilize the services of an outside Mi ute Secretary than to have staff prepare minutes. An agreement with Carol A. Dennis for these services was approved by the City Council on July 16, 1996 with a ne- year option for renewal. Ms. Dennis has perfo med outstandingly in preparing Minutes for all four gr ups and has kept turn -around times to a minimum. Recommended Action: It is recommended that the 4ity JULY 1, 1997 PAGE 7 Council authorize the City Manager to extend the agreement with Carol A. Dennis for Minute Secretary services for City Council, Planning Commission, Parks & Recreation and Traffic & Transportation Commission meetings in the amount of $23,000 for the period Ju'y 1, 1997 through June 30, 1998, with a one-year reewal option for the City. Requested by: City Clerk 6.10 PURCHASE OF GENERAL SUPPLIES FOR FY 1997-98 - The City, on an annual basis, sends bid packages out to va ious supply companies to review pricing on items that are most frequently used. In June, 1997, the City sent out 18 bid packages to various suppliers. The bid list encompassed approximately 112 products that the City uses regularly. If the City uses a specific brand, the brand was specified on the bid forms. However, if a specific brand is not required, no brand was specified and the vendor was free to quote the price of a brand of their choice. 5 packages were returned. Staff reviewed each packa e to determine which company proposed the highest numbe of lowest and second lowest prices. Recommended Action: It is recommended that the city Council establish an open purchase order in the a -mount of $15,000 for Office Depot for the purchase of gen ral office supplies for FY 1997-98. The majority of everyday "consumable" products will be purchased from this vendor; however, larger items (office equipment) will continua to be awarded based upon several informal bids. Requested by: City Manager 6.11 ANIMAL CARE AND CONTROL AGREEMENT WITH POMONA VALLEY HUMANE SOCIETY - The City has contracted for animal are and control services with the Humane Society of Pomona Valley since July 1, 1989. The services provided by the Humane Society have well met the needs of the City. Annually, it is necessary to approve an agreement for the succeeding fiscal year. The agreement for FY 1997-98 is in the amount of $59,510, the same amount as the agreement for the previous fiscal year. This is within the amount approved by in the budget for FY 1997 Recommended Action: It is recommended that the City Council approve an agreement with the Pomona Valley Humane Society for FY 97-98 in the amount of $59,51C. Requested by: City Manager 6.12 (a) RESOLUTION NO. 97 -XX: A RESOLUTION OF THE ITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA APPROING FINAL TRACT MAP NOS.52203 AND 53304, FOR THE SUBDIVI ION ON BREA CANYON ROAD, DIAMOND BAR CALIFORNIA - JULY 1, 1997 PAGE 8 (b) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA APPROVING FINAL TRACT MAP NOS. 32400 AND 52228, FOR THE SUBDIVISION ON BREA CANYON ROAD, DIAMOND BAR, CALIFORNIA - The Final Tract Maps have been submitted to the City for approval. Recommended Action: It is recommended that the City Council (1) approve Final Tract Map Nos. 32400, 5 203, 52204, 52228 (2) authorize the Mayor to execute the Subdivision Agreement; (3) adopt Resolution No. 7 -XX approving Final Tract Map Nos. 52203 and 52204 for the Subdivision on Brea Canyon Rd, and 97 -XX approving final Tract Map Nos. 32400 and 52228 for the Subdivision on Brea Canyon Rd.;(4) authorize the City Engineer to sign the maps upon all improvement plans being complete; and (5) authorize the City Clerk to certify and process the map and CC&Rs for recordation after signature by the City Engineer. Requested by: City Engineer 6.13 BUDGET ADJUSTMENT FOR BUILDING & SAFETY CONTRACT SERVICES - The adjusted City Budget for FY 1996-97 estimated an expenditure for Building & Safety Contract Service at $240,000 and estimated revenues of $400,500. Building & Safety service expenditures are based upon a perce age of the building permit, plan checking and inspec ion revenues received by the City. As a result of a continued increase in residential construction activ'ty, specifically, a seismic retrofit of the Monte ino Condominium complex, revenues and expenditures are expected to exceed the adjusted estimates. It is necessary to increase FY 96-97 expenditures for Buil ing & safety contracted services by $24,000 and revenue by $40,000. Recommended Action: It is recommended that the city Council approve a budget adjustment increasing expenditures for Building & Safety Services by $24,000 and revenues by $40,000. Requested by: Community Development Director 7. PUBLIC HEARINGS: 7:00 p.m. or as soon thereafter as maters can be heard. None 8. OLD BUSINESS (Cont'd.) 8.3 AMENDMENT NO. 5 TO LEASE AGREEMENT DATED AUGUST 18, J 89, WITH DIAMOND BAR BUSINESS ASSOCIATES FOR SPACE LOCATEE AT 21660 E. COPLEY DRIVE, SUITES 100 AND 190 CONSISTING OF APPROXIMATELY 7,025 RENTABLE SQ. FT. - Shall the City continue to lease office space for City Hall functions and services in the Gateway Corporate Center. JULY 1, 1997 PAGE 9 Recommended Action: It is recommended that the City Council approve a three-year lease for Suites 100 an 190 at 21660 E. Copley Drive. Requested by: City Manager 9. NEW BUSINESS: 9.1 PROPOSED REWARD FOR INFORMATION LEADING TO THE ARRESTAND CONVICTION OF THE INDIVIDUAL(S) RESPONSIBLE FOR THE DEATH OF WANDELL BEAVERS - D.B. resident Wandell Beavers was murdered in her home earlier this year. Law enforc ment officials believe that the offer of a reward could assist in acquiring information that would lead to the a rest and conviction of the individual(s) responsible fol the murder. Recommended Action: It is recommended that the City Council offer a reward of $10,000 for information le ding to the arrest and conviction of the individual(s) responsible for the death of Wandell Beavers. It is further recommended that the reward be funded from the Narcotics Assets Confiscation Fund. Requested by: City Manager 9.2 BUDGET REQUEST BY DIAMOND BAR CHAMBER OF CO Discussion of request by the Diamond Bar Ch Commerce of a proposed "Contract of Services." Recommended Action: It is recommended that the Council discuss the Diamond Bar Chamber of Con proposal and direct staff accordingly. Requested by: City Manager RECESS TO REDEVELOPMENT AGENCY MEETING Next Resolution R-97-- 1. CALL TO ORDER: Chairman Werner ROLL CALL: of ity �rce Agency Members Ansari, Harm�ny, Herrera, VC/Huff, C/Werner 2. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Agency on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Although the Redevelopment Agency values comments, pursuant to the Brown Act, the Agency generlour 11y cannot take any action on items not listed on the poted agenda. Please com lete a S eaker"s Card and criva it t�*i%, JULY 1, 1997 PAGE 10 t Redevelopment Agency. 3. CONSENT CALENDAR: 3.1 APPROVAL OF MINUTES: 3.1.1 Regular Meeting of June 3, 1997 - Appro�e as submitted. 3.1.2 Regular Meeting of June 17, 1997 - submitted. Requested by: Executive Director 4. OLD BUSINESS: None 5. PUBLIC HEARINGS: None 6_ NEW BUSINESS: 6.1 a as RESOLUTION NO. R -97 -XX: A RESOLUTION OF THE DIAMOND BAR REDEVELOPMENT AGENCY APPROVING AND ADOPTING A BUDGET FOR THE DIAMOND BAR REDEVELOPMENT AGENCY FOR THE FISCAL YEAR COMMENCING JULY 1, 1997 AND ENDING JUNE 30, 1998, INCLUDING THE APPROPRIATION OF FUNDS FOR ACCOU TS, DEPARTMENTS, DIVISIONS, OBJECTS AND PURPOSES THEREIN SET FORTH - Submitted for approval and adoption is the Diamond Bar Redevelopment Agency Budget for FY 97-93. Recommended Action: It is recommended that the ity Council adopt Resolution No. 97 -XX adopting the FY 97-98 Diamond Bar Redevelopment Agency Budget. Requested by: Executive Director 7. AGENCY MEMBER COMMENTS: Items raised by individual Ag Members are for Agency discussion. Direction may be give this meeting or the item may be scheduled for action future meeting. 8. AGENCY SUB -COMMITTEE REPORTS: AGENCY ADJOURNMENT: RECONVENE CITY COUNCIL MEETING: 10. COUNCIL SUB -COMMITTEE REPORTS: �ncy i at t a 11. COUNCIL COMMENTS: Items raised by individual Councilmemers are for Council discussion. Direction may be given at meeting or the item may be scheduled for action at a fujuis re meeting. JULY 1, 1997 PAGE 11 CLOSED SESSION: Room CC -8 CONFERENCE WITH REAL PROPERTY NEGOTIATOR (G.C. Section 54956.8): Property: westerly side of Brea Former Canyon Road Water north District prop of Pathfinder rty, Road Negotiating Parties: City of Diamond Bar and Diamond Crest Estates LLC Under Negotiation: Material terms of the agreemen 12. ADJOURNMENT: CITY OF DIAMOND BAR NOTICE OF PUBLIC MEETING AND AFFIDAVIT OF POSTING STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF DIAMOND BAR ) The Diamond Bar City Council will hold a Regular Meetin in the AQMD Auditorium, located at 21865 E. Copley Drive, Diamo d Bar, California at 6:30 p.m, on July 1, 1997. I, LYNDA BURGESS declare as follows: I am,the City Clerk in the City of Diamond Bar; that a of the agenda for the Regular Meeting of the Diamond Bar Cit Council, to be held on July 1, 1997 was posted at their prop locations. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct an that this Notice and Affidavit was executed this 27th day of June, 1997, at Diamond Bar, California. /S/ -Lynda Bur ess Lynda Burgess, City Clerk City of Diamond Bar { 1. CLOSED SESSION: 2. CALL TO ORDER: 3. VI T'} F LTAMO'1D �P JULY 1, 199/ PLEDGE OF ALLEGIANCE: Pledge of Allegiance INVOCATION: Fellowship None 6:39 P.M. C/Ansari led the audience i1n the Reverend John Song, Harvest ROLL CALL: Council Members Ansari, Har}neny, Werner, Mayor Pro Tem Herrera, Mayor Huff II Also present were: Terrence L. Belanger, City Manager; Ainanda Susskind, Assistant City Attorney; Frank Usher, Deputy City Manager; James DeStefano, Deputy City Manager; Bob Rose, Community Services Director, Linda Magnuson, Assistant Finance Director and Lynda Burgess, City Clerk. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 3.1 BUSINESS OF THE MONTH: 3.1.1 Presented City Tile to Charlie and Mary Ricotta, owners of Charlie's Sandwich Sh ppe. 3.1.2 Presented Certificates of Recognition tc the members of the Diamond Bar Eco omic Revitalization Ad Hoc Committee. CONVENE TO JOINT MEETING WITH THE REDEVELOPMENT AGENCY CALL TO ORDER: 6:48 p.m. ROLL CALL: Agency Members Ansari, Harony, Herrera, VC/Huff, C/Werner SPECIAL PRESENTATION BY TWO GUEST SPEAKERS ON THE SUBJECT OF REDEVELOPMENT - Murray Kane, Kane, Ballmer & Berkman - Op osed to redevelopment in D.B. Demanded that the City demonstrate the type of blight required by law. Presented a video displaying areas to be included in the redevelopment area. Heinz Gehner, President, D.B. Chamber of Commerce - as a ocal business person and as a representative of the Chamber - poke in favor of the concept of redevelopment. AM/Ansari noted that the speaker in favor of redevelopmendid not utilize all of his time. We have another spe ker interested --may he utilize the rest of the 12 minutes? ACA/Susskind stated that the Council specified only I one speaker ANT/�n_sari asked if the open space in the Gateway center area would be considered urbanized or blighted? Felice Acosta explained that the law allows for 20, of v cant land to be included as "urbanized." Some of this pro erty was designated as "vacant and urbanized" and some were designated "un -urbanized." The fact that this property had been subdivided and not been developed in 9 to 10 yea s is evidence of economic blight. This project meets the test of the law. AM/Ansari - What about loss of $20 million from the C ty' s General Fund? Ms. Acosta - Property values in the area have declined ir. the past three years. The City will receive a pass-through to help offset loss of tax revenue. will still receive property taxes from the properties in the redevelopment area but not the increase in taxes and the property values incr ase. Approximately 35% will go to various taxing agencies incl ding the City. The remainder will go to the Redevelopment A ency to fund other projects. You can expect the properties w'thin the boundaries to continue to decline and may even get orse if the City does nothing. Have very healthy residential Ereas but very depressed commercial areas. AM/Harmony - Regarding Eric Stone's property - why wa it included in the Plan? CM/Belanger stated that the property on Golden Spring is included but the portion on Armitos is not included. These are two separate parcels. Ms. Acosta - Mr. Stone acknowledged that there are two parcels -the one included contains a large flood control channel which is problematic for development. These are two legal assessor's parcel lots. AM/Harmony - Bramalea property - why was it removed from the project area? Ms. Acosta - originally included because we wanted to facilitate access from the commercial areas. Howeverwe later learned that public access would not be permitted and property did not then meet the criteria. Roads already designated would be private and would not have public access. AM/Harmony - Sandstone Canyon - development project already approved with private access - why leave it in? Ms. Acosta - Because of severe geotechnical problems associated with it. AM/Harmony - This is not the Patel property but that clos� to South Pointe School and the City Engineer ras d- a area gectechnically .afe. PWD/Wentz explained that in reviewing the .Arciero proec as the drainage plans were unfolding, there was, alon. roadway access, some areas of potential landslide mitigation measures were addressed. Measures were review the County, etc. Remains in the redevelopment area due t potential landslides. AM/Harmony - what about the Patel property? That's included - why? Ms. Acosta - because of the geotechnical problems. identified properties that have problems associated with which may be rectified by redevelopment. = ani Lhe and �d by the also Have them AM/Herrera - Please clarify the 200 obligation for low income housing. Ms. Acosta - Redevelopment Agencies are required to set side 200 of redevelopment dollars for low income housing unless it is proven that no such need exists. Assistance can be provided as rehabilitation, first-time homebuyer prog ams, senior housing and funds can be allocated to the L.A. Ho sing Authority. AM/Herrera - don't really have large area within the City to construct low/moderate income housing so funds can be use for improvements, etc. C/Werner - If process fails, who pays? Use of bond money vs. "pay as you go" means of creating improvements - can the Redevelopment Plan be restricted in any way as to preclude future bond financing? Can eminent domain powers be restricted in the Plan or even prohibited? CM/Belanger - Who pays if the agency fails? Loans City has made to the Agency would be debts of the Agency and incre ent would be used to repay those debts as increments be ome available. Debt of the Agency is not a debt of the City. Ms. Acosta - If the Agency chooses to issue bonded debt, i is an Agency debt, not the City's. The risk -taker is the bond buyer, the investor. Many Agencies will insure their bondt by paying extra bonds or enter into Letters of Credit with 'Local banks to insure them. ACA/Susskind - Plan currently contains customary emi ent domain but it could be changed to remove the power of emi ent domain and would require a full noticed hearing after adoption of the Ordinance or could adopt Resolution stating a po icy not to use eminent domain. Bonds could also be handled the same way but they often have a very effective use. Won't ave a market for your bonds until you have an increment flowin in to guarantee the bonds. II,!/Belanger - Agency has ability to lower L__Ie limit _ o r- e expended by the Agency. AM/Ansari - Please identify the one building in the pro osed project area which requires extensive rehabilitation. Identify which buildings, if any, are unsafe or unhealth for persons to live or work in. If any unsafe or unhe lthy buildings are identified, why didn't City's Building & S fety Dept. abate them? Can we remove eminent domain from Plan tonight? What types of businesses would be condemned anc how would it work? If we choose to continue the Plan for an ther six to seven months, would it be more successful? What cities have had successful redevelopment? Ms. Acosta -- the building requiring extensive rehabilitation is located on Washington Ave. Unsafe buildings include those with sagging roofs, exposed wiring, broken windows, etc. Displayed photos contained within the report to Council show some of these problems. ACA/Susskind - she recommended if desired. In accordance with the Health & Safety Cde, adoption then amendment. Can wait six mon hs, AM/Ansari - what communities have been most successful and the most community participation? Ms. Acosta - In Carson, for example, had town hall meeting did not have ad hoc committee - have had success redevelopment since 1971. Completed project adoption Burbank which included approximately 200 residential un: had a project area committee with few comments from community. Fontana took approximately 2 1/2 years to apps their plan but the delay adversely impacted the success of Plan. had but sful in Lts, the :ove the AM/Harmony - why don't we just ask people to fix up their properties? Enforce property maintenance ordinance instead. $90 million for low and very -low income properties --feel this would impact the community. Gateway Corporate Center prop rty is so valuable that it won't be sold until the market c mes back up. Not in a hurry to develop them. "Pay as you go" doesn't make sense. Ms. Acosta - The project area not only exhibits deterioration and deferred maintenance, but also demonstrates very strong economic blight --can't address this with propexty maintenance enforcement. Gateway Corporate Center is actively marketing the sites and has recently dropped their sales price by 100 because they are so concerned about the lack of value of the property. Retail sales in D.B. have declined when compared to other communities and the funds are going to other communities rather than to the City's own merchants. AM/Herrera - Clarify blight ---does every single building wit in the project area need to be blighted? Ms. Acosta - Those is opposition have fo,, Jed r t,a deterioration aspect of bliq t. Physical blight has a rgber of characteristics such as poor design, lack of parking, etc High vacancies represents economic blight. Law says area :rust contain at least one physical and one economic bli kited condition in to order qualify for redevelopment. Pro erty included in a project area that is not blighted is only there because it is required for effective redevelopment. AM/Herrera - money will not necessarily be spent on very building in the project area? Ms. Acosta - Will have to prioritize spending money- have never known of any project area to include funds seen on every building. AM/Herrera - Felt that the plan would be of great benefi the City --most shopping centers need some form rehabilitation. Agencies allows the City to enter into partnerships, perhaps with school districts, could be used more sports lighting, to build a senior center, etc. E city surrounding D.B. has a redevelopment agency. Ii expect to compete with other cities, we must have an age Taxpayers will have to pay extra somewhere down the lin Pay for the projects that redevelopment could provide. C/Huff - Spoke regarding a two-page FAX being sent around anonymously. 3. OLD BUSINESS: (ITEMS 3.1 THROUGH 3.6 ARE CONTINUED FROM JUNE 10, 1997) 3.1 ADOPTED RESOLUTION NO. R-97-11�, A RESOLUTION DIAMOND BAR REDEVELOPMENT AGENCY RECOMMENDING APP THE CITY COUNCIL OF THE CITY OF DIAMOND BAR EXCLUSION OF CERTAIN PROPERTY FROM THE PROPOSED PAR ECONOMIC REVITALIZATION AREA. to of -are for ery we cy. to own OF THE 2VAL BY OF THE DIAMOND Moved by VC/Huff, seconded by AM/Herrera to aopt Redevelopment Agency Resolution No. R -97 -ll. Me ion carried 4-1 by Roll Call vote (AM/Harmony voted no). 3.2 ADOPTED RESOLUTION NO. 97-49: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE EXCLUSION OF CERTAIN PROPERTY FROM THE PROPOSED DIAMOND BAR ECONOMIC REVITALIZATION AREA. Moved by C/Werner, seconded by MPT/Herrera to adopt City Resolution No. 97-49. Motion carried 4-1 by Roll C 11 vote (C/Harmony voted no). 3.3 ADOPTED RESOLUTION NO. 97-50: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ADOPTING WRITTEN FINDINGS IN RESPONSE TO ORAL AND WRITTEN OBJECTIO S, COMMUNICATIONS AND SUGGESTIONS IN CONNECTION WITH THE PROPOSED REDEVELOPMENT PLAN FOR THE DIAMOND BAR ECONOMIC JULY" =, 19'7 PAGc� c REVITALIZATION AREA OF THE DIAMOND BAR R.EDEVELO DMENT AGENCY. Moved by C/Werner, seconded by MPT/Herrera to adopt City Resolution No. 97-50. Motion carried 3-2 by Roll Call vote (C/Harmony and C/Ansari voted no). 3.4 ADOPTED RESOLUTION NO. R-97-: A RESOLUTION OF THE DIAMOND BAR REDEVELOPMENT AGENCY CERTIFYING THE INAL ENVIRONMENTAL IMPACT REPORT FOR THE DIAMOND BAR ECO OMIC REVITALIZATION AREA; ADOPTING THE MITIGATION MONIT RING PROGRAM; ADOPTING THE FINDINGS AND FACTS IN SUPPO T OF FINDINGS AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS AND APPROVING THE REDEVELOPMENT PLAN. Moved by VC/Huff, seconded by AM/Herrera to adopt Redevelopment Agency Resolution No. R-97-12. M tion carried 3-2 by Roll Call vote (AM/Harmony, AM/A sari voted no). 3.5 ADOPTED RESOLUTION NO. 97-51: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE DIAMOND BAR ECONOMIC REVITALIZATION AREA; ADOPTING THE MITIGATION MONITORING PROGRAM; ADOPTING THE FINDINGS AND FACTS IN SUPPOR OF FINDINGS AS REQUIRED BY THE CALIFORNIA ENVIRONME TAL QUALITY ACT, ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, APPROVING THE REDEVELOPMENT PLAN AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH. Moved by C/Werner, seconded by MPT/Herrera to adopt ity Resolution No. 97-51. Motion carried 3--2 by Roll all vote (C/Harmony, C/Ansari voted no). 3.6 APPROVED FIRST READING OF ORDINANCE NO. 03 (1997): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND EAR, CALIFORNIA, APPROVING AND ADOPTING THE REDEVELOPMENT PLAN FOR THE DIAMOND BAR ECONOMIC REVITALIZATION AREA. Moved by C/Harmony, seconded by C/Ansari to direct staff to prepare the necessary documents to place the issuE of Redevelopment on the next available ballot for v ter approval. Motion carried 3-2 (M/Huff, MPT/Herrera v ted no) . Moved by MPT/Herrera, seconded by C/Werner to waive f reading and approve first reading by title only Ordinance No. 3 (1997). Motion carried 4-1 by Roll C vote (C/Harmony voted no). ADJOURNMENT TO REGULAR MEETING - 9:30 p.m. ull of all JULY 1, 199-/ 8. OLD BUSINESS: PAGE 7 8.1 REQUEST TO REVIEW THE DECISION OF THE PLANNING COMMI SION TO APPROVE A PROPOSED WIRELESS TELECOMMUNI CA" IONS FACILITY AT 24401 DARRIN DRIVE (CUP 96-10 AND DR 96--9) - Both applicants agreed to waive the Permit Streamlining Act and requested continuance of this matter until July 15, 1997. Moved by MPT/Herrera, the matter to July 15, by Roll Call vote. RECESS: 9:38 p.m. RECONVENE: 9:51 P.M. 4. seconded by C/Ansari to can ince 1997. Motion carried unanim usly ORDINANCE NO. XX(1997): AN ORDINANCE OF THE CITY OF DIAMOND BAR ESTABLISHING A MORATORIUM ON LAND USE ENTITLEMENT FOR WIRELESS COMMUNICATION FACILITIES AND DECLARING THE URGENCY THEREOF - Motion by C/An ari, seconded by C/Werner to continue the matter to Jul 15, 1997. Motion carried unanimously by Roll Call vote. PUBLIC COMMENTS: Jerry Hamilton reminded all about Independence Day and encouraged all to vote in all future elections. Clyde Hennessee - Did not believe the City should support the Chamber. Barbara Beach-Courchesne - Was not duly notified of Pu lic Hearing on Redevelopment on May 20, 1997, nor was the Pathfinder Homeowners Assn. Demanded that actions t ken tonight be rescinded and that a properly -noticed pu lic hearing be held. When will Agency repay the money given t it so far? Dr. Lawrence Rhodes - Never has received any official no ice Of upcoming City events. There are a number of trees on Washington that need attention. Would like to review the City's investment plan. Terry Birrell - re: Voucher Register - what happene to Finance subcommittee meeting? Continue this for 2 week so public may review. Lydia Plunk - Spoke regarding Proposition A and the Wildife Corridor Conservation Authority. Frank Dursa - agreed that the Voucher Register should he continued to the next meeting. II JULY 1, 1997 PAGE 8 5. SCHEDULE OF FUTURE EVENTS: 5.1 CONCERT IN THE PARK - Forte (Patriotic - Independent Day Show) July 2, y-997 - 6:30 - 8:00 p.m., - Sycamore Canyon Park, 22930 Golden Spgs. Dr. 5.2 PLANNING COMMISSION - July 8, 1997 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.3 CONCERT IN THE PARK - July 9, 1997 - Country Westerzi Doo Wah Riders - 6:30 - 8:00 p.m., Sycamore Canyon Tark, 22930 Golden Spgs. Dr. 5.4 TRAFFIC & TRANSPORTATION COMMISSION - July 10, 197 - 7:00 p.m., AQMD Board Hearing Room, 21865 E. Cople Dr. 5.5 CITY COUNCIL MEETING - July 15, 1997 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Dr. 6. CONSENT CALENDAR: Moved by C/Ansari, seconded by c/Wernc r to approve the Consent Calendar with the exception of Iteu No. 6.12. Motion carried unanimously by Roll Call vote. 6.1 APPROVED MINUTES: 6.1.1 Regular Meeting of June 3, 1997 - As submitted. 6.1.2 Regular Meeting June 10, 1997 - As approved. 6.1.3 Regular Meeting June 17, 1997 - As corrected. 6.2 RECEIVED & FILED PLANNING COMMISSION MINUTES - Reg lar Meeting of May 27, 1997 6.3 RECEIVED & FILED TRAFFIC & TRANSPORTATION COMMIS 3ION MINUTES - Regular Meeting of April 10, 1997. 6.4 VOUCHER REGISTER -- Approve Voucher Register dated JuJ7 1, 1997 in the amount of $767,969.79. 6.5 RECEIVED & APPROVED TREASURER'S REPORT - For month of May, 1997. 6.6 ADOPTED RESOLUTION NO. 97-52: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ADOPTING THE STATEMEN OF INVESTMENT POLICY. 6.7 RESOLUTION NO. 97-53: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THAT CERTAIN AGREEMENT ENTITLED "JOINT POWERS AGREEMENT OF THE SELF- INSURANCE AUTHORITY FOR EFFECTIVE RISK MANAGEMENT." 6.8 ADOPTED RESOLUTION NO. 96-53C: "RESOLUTION OF THE C TY OF DIAMOND BAR SETTING FORTH PERSONNEL RULES ND REGULATIONS REGARDING THE PAYMENT OF SALARIES, S CK LEAVE, VACATIONS, LEAVES OF ABSENCES AND OT ER 7ULY i, i�97 PAGE '9 REGULATIONS" AND BUDGET ADJUSTMENT 6.9 EXTENDED CONTRACT FOR MINUTE SECRETARY SERVICES - with Carol A. Dennis for City Council, Planning Commis ion, Parks & Recreation and Traffic & Transportation Commission meetings in the amount of $23,000 fol the period July 1, 1997 through June 30, 1998, with a one- year renewal option for the City. 6.10 APPROVED PURCHASE OF GENERAL SUPPLIES FOR FY 1997-98 - to establish an open purchase order in the amount of $1 ,OOC for Office Depot for the purchase of general o fice supplies for FY 1997-98. The majority " of eve yday consumable" products will be purchased from this ve dor; however, larger items (office equipment) will Contin e to be awarded based upon several informal bids. 6.11 APPROVED ANIMAL CARE AND CONTROL AGREEMENT WITH P MONA VALLEY HUMANE SOCIETY - for FY 97-98 in the amounit of $59,510. 6.13 APPROVED BUDGET ADJUSTMENT FOR BUILDING & SAFETY CONRACT SERVICES - increasing expenditures for Building & Safety Services by $24,000 and revenues by $40,000. MATTERS WITHDRAWN FROM CONSENT CALENDAR: 6.12 (a) ADOPTED RESOLUTION NO. 97-54: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFO NIA APPROVING FINAL TRACT MAP NOS.52203 AND 53304, FOR THE SUBDIVISION ON BREA CANYON ROAD, DIAMOND BAR CALIFORNIA. (b) ADOPTED RESOLUTION NO. 97-55: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA APPROVING FINAL TRACT MAP NOS. 32400 AND 52228, FOR THE SUBDIVISION ON BREA CANYON ROAD, DIAMOND BAR, CALIFORNIA Moved by C/Harmony, seconded by MPT/Herrera to (1) approve Final Tract Map Nos. 32400, 52203, 52204, 5 228 (2) authorize the Mayor to execute the Subdivi ion Agreement; (3) adopt Resolution No. 97-53 approving Final Tract Map Nos. 52203 and 52204 for the Subdivision on Brea Canyon Rd. and 97-54 approving Final Tract Map Nos. 32400 and 52228 for the Subdivision on Brea Canyon d.; (4) authorize the City -Engineer to sign the maps upon ail improvement plans being complete; and (5) authorize the City Clerk to certify and process the map and CC&Rs for recordation after signature by the City Engineer. 7. PUBLIC HEARINGS: 7:00 p.m. or as soon thereafter as mattrs can be heard. None JULX 1, 1997 8. OLD BUSINESS (Cont'd.) AGE 8.3 APPROVED AMENDMENT NO. 5 TO LEASE AGREEMENT DATED AIJGUST 18, 1989, WITH DIAMOND BAR BUSINESS ASSOCIATES FOR PACE LOCATED AT 21660 E. COPLEY DRIVE, SUITES 100 ANE 190 CONSISTING OF APPROXIMATELY 7,025 RENTABLE SQ. FT. - a three-year lease for Suites 100 and 190 at 21660 E. Copley Drive. Moved by C/Werner, seconded by C/Ansari to appove. Motion carried unanimously by Roll Call vote, 9. NEW BUSINESS: 9.1 PROPOSED REWARD FOR INFORMATION LEADING TO THE ARRES AND CONVICTION OF THE INDIVIDUAL(S) RESPONSIBLE FOR THE EATH OF WANDELL BEAVERS. Martha Bruske felt that this would set a precedent and recommended that it not be done. Moved by C/Herrera, seconded by C/Ansari to appy ve. Motion carried 4-0-1 (C/Werner abstained) by Roll all vote. 9.2 BUDGET REQUEST BY DIAMOND BAR CHAMBER OF COMMERCE - Moved by C/Herrera, seconded by C/Werner to direct the Economic Development Committee to review the matter and brincr it back on July 15, 1997. Motion carried 4-1 (C/Hariniony voted no). RECESS TO REDEVELOPMENT AGENCY MEETING 11:10 p.m. 1. 2. 3. Next Resolution R-97-ji CALL TO ORDER: Chairman Werner ROLL CALL: Agency Members Ansari, Harmony, Herrera, VC/Huff, C/Werner PUBLIC COMMENTS: None CONSENT CALENDAR: Moved by AM/Herrera, seconded by AM/Ansri to continue all Redevelopment Agency matters to July 15, 19 7. -'CJTT T 1, 19 9 i PAGE l i 3.1 APPROVAL OF MINUTES: 3. i. Regular Meeting of June 3, 1997 - Appro e as submitted - Continued to July 15, 1997. 3.1.2 Regular Meeting of June 17, 1997 - Appro e as submitted - Continued to July 15, 1997. 4. OLD BUSINESS: None 5. PUBLIC HEARINGS: None I NEW BUSINESS: 6.1 RESOLUTION NO. R -97 -XX: A RESOLUTION OF THE DIAMOND BAR REDEVELOPMENT AGENCY APPROVING AND ADOPTING A BUDGET FOR THE DIAMOND BAR REDEVELOPMENT AGENCY FOR THE FISCAL EAR COMMENCING JULY 1, 1997 AND ENDING JUNE 30, 1)98, INCLUDING THE APPROPRIATION OF FUNDS FOR ACCOU TS, DEPARTMENTS, DIVISIONS, OBJECTS AND PURPOSES THEREIN SET FORTH - Continued to July 15, 1997. 7. AGENCY MEMBER COMMENTS: S. AGENCY SUB -COM KITTEE REPORTS: AGENCY ADJOURNMENT: RECONVENE CITY COUNCIL MEETING: 10- COUNCIL SUB-CObR4ITTEE REPORTS: 11 . COUNCIL COMMENTS: CLOSED SESSION: Not Held CONFERENCE WITH REAL PROPERTY 54956.8): NEGOTIATOR (G.C. Sect on Property: westerly side of Brea Former Canyon Road Water District proper y, north of Pathfinder Road Negotiating Parties: Estates LLC City of Diamond Bar and Diamond Cr st Under Negotiation: Material terms of the agreement 12. ADJOURNMENT: 11:13 p.m. Robert S. Huff Mayor Carol Herrera Mavor Pro Tem Eileen R. Ansari Council Member Clair W. Harmony Council Member Gary H. Werner Council Member X—ded paper June 23, 1997 City of Diamond Bar 21660 E. Copley Drive, Suite 100 • Diamond Bar, CA 91715-4177 (909) 860-2489 • Fax (909) 861-3117 City Online (885); (909) 860-5463 • Internet. http://www,ci.diamond- ar.ca.us Charlie and Mary Ricotta Charlie's Sandwich Shoppe 20651 Golden Springs Diamond Bar, CA 91789-3860 Dear Mr. and Mrs. Ricotta: First, let me express appreciation for contribution Charlie's Sandwich Shoppe has made to the City of Diamond Bar and its local economy. All too often we only hear the negatives, but it is a pleasure to acknowledge you firm as a positive, productive business servicing the community. Further, the Diamond Bar City Council would like to formally recognize Charlie's Sandwich Shoppe at the City Council meeting Tuesday, July 1, 1 The meeting is held at 6:30 p.m., at the Air Quality Management District (AQMD) auditorium, 21865 E. Copley Drive, Diamond Bar. I look forward to seeing on July 1! Sincerely, WIO/1 Robert S. Huff Mayor RSH: nbw cc: City Council City Clerk TO: FROM: ADDRESS: ORGANIZATION: AGENDA #/SUBJECT VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL CITY CLERK 71, DATE: + PHONE: I expect to address the Council on the subject agenda item. Please have the Council Mir utes reflect my name and address as written above. ,e l - Sin ` g atuCeJ VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: �r r; ADDRESS: DATE: PHON, ORGANIZATION: AGENDA #/SUBJECT: F I expect to address the Council on the subject agenda item. Please have the Council Min name and address as written above. Signature reflect my VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: Joe M I wo r.j E DATE: T-1 ADDRESS: k460 E. PHONE: S 2988-C63 ORGANIZATION: M eT'Rl CDM AGENDA #/SUBJECT: I expect to address the Council on the subject agenda item. Please have the Council Mi utes reflect my name and address as written above. Signature F� VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: FROM: ADDRESS: ORGANIZATION: AGENDA #/SUBJECT CITY CLERK DATE: PHONE:..r I expect to address the Council on the subject agenda item. Please have the Council Miutes reflect my name and address as written above. Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: FROM: ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: CITY rCLERK / DATE: PHONE. 7 I expect to address the Council on the subject agenda item. Please have the Council Mi utes reflect my name and address as written above. Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK -J FROM: FROM: DATE: p ADDRESS: PHONE: J ".3Z ORGANIZATION: Y,A o AGENDA #/SUBJECT: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: FROM: ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: CITY CLERK DATE: U7 z 7v Sz/ JCJ� SCJ PHONE: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. / Signature D/,IP VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: ' 7 � , DATE: 0 r ADDRESS: PHONE:. ORGANIZATION: AGENDA #/SUBJECT: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature L —1 TO: FROM: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: ( !Tv ri cov DATE:: PHOt e ! expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: FROM: ADDRESS: ORGANIZATION: AGENDA #/SUBJECT CITY CLERK liq C 2 DATE: PHONE: �, I - 3-G. l.vc-r-0Slvk!!� I expect to address the Council on subject agenda item. Please have the Council M nutes reflect my name and address as written above. ignature IN REcoGNUT1OT Th)ODIdmond'var Gly counell and community alond a 'SPECIAL THANKS" to NISH /L MONTG Off E Yl YD REEPRES IF TIVE, For your support, commitment, and gffort,5 on the Dlamond,Dar C—GOnomlC l?,CvitaliZation ?9roa PIan 29d Hoe ?1dvl,60ry Gcommill" July 11 1997. Robert S. Huff Mayor Carol Herrera Clair W. Harmony Mayor Pro Tena Council Member EileenR. Ansari Council Member Gary H. Council hVf RECOI1IO Th,o Diamond Sar City Council and eommunity'Xtiond a to CC MA YTON CHA PUT For your support, commitment, and gffort,5 on the Diamond Bar Oconomic 20vitdlizalion 29rea plan �9d Hoe 29dvigory Committ;OO July r, 1.qw- RobertS. Huff Mayor Carol Herrera Clair W. Harmony Moyor Pro Tem Council Member Eileen R. Ansari Gary H. Wi Council Member Council Me AGENDA ITEMS NO. 3.1 THROUGH 3.6 ARE A CARRY-OVER FROM THE JUNE 17, 1997 MEETING - PLEASE BRING THESE MATERIALS WITH YOU July 1, 1997 Agend MURRAY O. KANE BRUCE D. 8ALLMER GLENN F, WASSERMAN R. 6RUCE TEPPER, JR. JOSEPH W. PANNONE ROYCE K. JONES STEPHANIE R. SCHER PRINCIPALS The Honorable Mayor KANE, BALLMER & BEAKMAN A LAW CORPORATION SIS SOUTH FIGUEROA STREET, SUITE 1850 LOS ANGELES, CALIFORNIA 90071 TELEPHONE (2I3y 617-0480 FAX 12131 625-0931 and Members of the City Council City of Diamond Bar The Honorable Chair and Members July 1, 1997 of the Diamond Bar Redevelopment Agency 21660 East Copley Drive, Suite 100 Diamond Bar, California 91765 ROBERT P.TERKMAN RET1 ED EUGENE B.IJACOB5 A PROFE5SIONAL CORPORATION OF COU SEL Re: Written Objections on behalf of Affected Property Owners and Others To (1) The Proposed Redevelopment Plan for the Diamond Bar Economic Revitalization Area and (2) The Failure to Adequately Conduct and Close the Joint Public Hearing Dear Honorable Mayor and Members of the City Council, and Honorable Chair and Members of the Diamond Bar Redevelopment Agency: The following written objections are hereby submitted on behalf of a number of affected pi owners and other interested persons represented by the undersigned, as identified in part in written objections filed by the undersigned dated June 10, 1997, in opposition to (1) the Proposed Redevelopment Plan for the Diamond Bar Economic Revitalization Area (the "Pi Area") and (2) the failure of the City Council and Redevelopment Agency to properly cond and close the joint public hearing. ect Since the public hearing on this matter was not closed written objections to the Project Area are now timely, and a good faith written response to these written objections is demanded in accordance with applicable provisions of law not sooner than one week from this date and p 'or to any action of the Agency and City Council on the proposed Redevelopment Plan. This written objection is based on the failure of the City Council first to conduct an adequ joint public hearing on this matter as required by law and then to close the joint public he, required by law. The public hearing itself has been widely criticized for its inadequacy in as 4 The Honorable Mayor and Members of the City Council The Honorable Chair and Members of the Redevelopment Agency 2 July 1, 1997 comments and testimony received by the Agency and City Council at its meetings held on after May 20, 1997, which comments and testimony are incorporated herein by this referen Notable among such objections are: Inadequate notice of the hearing to major property owners Refusal of the Chair to view videotapes relevant to the proceedings, even when the various speakers' time had not expired, and refusal to even act on such requests Provision of a ridiculously brief time period for speakers to comment during the pi hearing (five (5) minutes) despite the subject matter involving 1300 acres, the new of Agency eminent domain for at least 12 years, and the receipt by the Agency of a one half billion dollars over the next 45 years lic Rigid adherence to the 5 minute time limit even at an Agency/Council meeting devoted to the subject of the proposed Redevelopment Plan and even though the meeting prematurely ended more than 2 hours before most Agency/Council meetings end due to such rigid adherence The illegal continuance of the public hearing for the purported limited purpose of considering exclusions from the project area only, without any statutory authoriza therefor The even more rigid characterization of the continued hearing as purportedly only involving the exclusion of six certain parcels of property, even though the motion to continue the hearing was not so limited The Chair not following his own stated criteria for extensions of time from the said minute time limit, first indicating that new substantive testimony would be permitte beyond the 5 minutes and then cutting off speakers at the 5 minute point despite the ongoing presentation of important new substantive information The Chair not following the normal custom and practice of all City Council meeting, refusing to permit separate public discussion on separate agenda or action items, and instead requiring testimony on six separate actions within the 5 minute limit of the continued joint public hearing (while simultaneously limiting debate to discussion or the six parcel exclusion) in ly of r r The Honorable Mayor and Members of the City Council The Honorable Chair and Members of the Redevelopment Agency July 1, 1997 The basis for the written objections to the failure to adequately close the public hearing is 1 on the fact that the motion made to close the public hearing on June 10, 1997 made by Ma, Pro Tem/Agency Vice -Chair Herrerra and seconded by Councilmember/Agency Chair We did not pass. The joint public hearing is therefore still open, with all attendant legal consequences. used The May 20, 1997, June 3, 1997 and June 10, 1997 written objections previously submitte by the undersigned are hereby incorporated herein by this reference, including all exhibits and Videotape evidence referred to therein. For these and many other reasons demonstrated in the Videotapes and otherwise during the joint public hearing and continued joint public hearing, it is overwhelmingly clear that the proposed redevelopment project would be an illegal and invalid project, that the Exclusion does not result in a legally valid proposed Project Area, and that the legally required procedures for the ap rova of the proposed redevelopment project have not been followed. It is respectfully requested that the Proposed Redevelopment Project be rejected by the Council of the City of Diamond Bar. Sincerely, KANE, BALLMER & BERKMAN Murray O. Kane R. Bruce Tepper By — d , 4_ - Murray O. e Counsel for Affected Property Owners And Other Interested Persons DIAMOND BAR REDEVELOPMENT AGENCY AGENDA REPORT AGENDA NO TO: Honorable Chairman and Board Members — —. F MEETING DATE: July 1, 1997 REPORT DATE: June 26, 1997 FROM: Terrence L. Belanger, Executive Director TITLE: A Resolution of the Diamond Bar Redevelopment Agency Approving and Adopting a Budget for the Diamond Bar Redevelopment Agency forthe Fiscal Year Commencing July 1, 1997 and Ending June 30, 1998 f icluding Appropriation of Funds for Accounts, Departments, Divisions, Objects and Purposes Therein Set Forth. SUMMARY: Submitted for your approval and adoption is the Diamond Bar Redevelopment Agency Budget for F� 97-98. RECOMMENDATION: Approve Resolution R 97 -XXX, adopting the FY 97-98 Diamond Bar Redevelopment Agency Budge LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification X Resolution(s) _ Bid Specification (on file in City Clerk's office) _ Ordinance(s) _ Other: _ Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed Yes No by the City Attorney? 2. Does the report require a majority vote? Yes No 3. Has environmental impact been assessed? Yes No 4. Has the report been reviewed by a Commission? Yes No Which Commission? 5. Are other departments affected by the report? Yes No Report discussed with the following affected departments: _ REVIEWED BY: JL� Terrence L. Belanger Executive Director 0 Linda G. Magnuso DEPARTMENT HEAD: 0 RESOLUTION NO. R97 - A RESOLUTION OF THE DIAMOND BAR REDEVELOPMENT AGENCY APPROVING AND ADOPTING A BUDGET FOR THE DIAMOND BAR REDEVELOPMENT AGENCY FOR THE FISCAL YEAR COMMENCING JULY 1, 1997 AND ENDING JUNE 30, 1998, INCLUDING THE APPROPRIATION OF FUNDS FOR ACCOUNTS, DEPARTMENTS, DIVISIONS, OBJECTS AND PURPOSES THEREIN SET FORTH. A. Recitals (i) The Executive Director has heretofore prepared and presented to the Diamond Bar Redevelopment Agency Board of Directors a proposed budget for the Agency's fiscal year 1997-98, including staffing, operations, and appropriations therefor (referred to the "Budget" sometimes hereinafter). (ii) Copies of the Agency Budget are on file in the office of the City Clerk labeled "Diamond Bar Redevelopment Agency 1997-98 Fund Budget" and said Budget hereby is made a part of this Resolution. (iii) The Agency has conducted a public meeti g on the fiscal year 1997-98 Budget and concluded said hearing pri r to the adoption of this Resolution. (iv) All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION_ NOW THEREFORE, the Board of Directors of the Diamond Redevelopment Agency does hereby find, determine and resolvE follows: 1. In all respects, as set forth in the Recitals, Bar as ?art A, of this Resolution. 2. The Budget, including the changes enumerated and directed to be made by the Board during the course of the Rgency meeting conducted by the Diamond Bar Redevelopment Agency Board, hereby is adopted as the Budget of the Diamond Bar Redevel pment Agency for the Fiscal Year commencing July, 1997 and ending June 30, 1998 and consisting of the estimated and anticipated re enues and expenditures for that fiscal year. 3. There are hereby appropriated for obligations and expenditures by the Executive Director the amounts shown i the line objects set forth in the Budget. All obligationE and expenditures shall be incurred and made in the manner provided by the provisions of State law and City ordinances and resolutions applicable to purchasing and contracting, which are ad pted herewith by reference. 4. Subject to further provision of this Resolution the appropriations made above constitute the maximum amount autha ized for obligation and expenditure by the Executive Director for respective line objects as set forth in the Budget. Each Agency employee shall be responsible, as well as the Executive Dire tor, for seeing that said maximum amounts are not exceeded. 5. No warrant shall issue nor shall any indebtedne s be incurred which exceeds the unexpended balance of the fund and Agency appropriations hereinabove authorized unless such appropriations shall have been amended by a supplem ntal 11 appropriation duly enacted by the Board, or by individual appropriations within any aforesaid line objects, except inso ar as the Executive Director may authorized transfers pursuant to this Resolution. 6. The Executive Director hereby is authoriz d to transfer funds appropriated hereby or by supplemental appropriation as follows: With respect to those classifications designated by code 1000 series, 2000 series, 9000 series, 5000 series anc code 6000 series, the Executive Director may transfer amounts between and within those classifications, but only within the Agency Fund. 7. The Secretary shall certify to the adoption of this Resolution. PASSED, ADOPTED AND APPROVED this da of , 1997. Chairman I, LYNDA BURGESS, Secretary of the Diamond Bar Redevelopment Agency, do hereby certify that the for going Resolution was passed, adopted and approved at a regular meeting of the Board of Directors of Diamond Bar Redevelopment Agency h ld on the day of , 1997, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: ABSTAINED: BOARD MEMBERS: ATTEST: Secretary of te Diamond Bar Redevelopment Igency DIAMOND BAR REDEVELOPMENT AGENC FUND BUDGET FUND TYPE: CRA FUNCTION: Redev+ 1997-98 FUND #: FUND DESCRIPTION: Pursuant to the California Health and Safety Code Section 33000, the City of Diamond Bar est, the Diamond Bar Redevelopment Agency on April 2, 1996. Redevelopment is the primary tool cities in California to revitalize neighborhoods & business districts, As in many cities, the purpc Diamond Bar Redevelopment Agency is to provide a mechanism for economic development a Current funding for the Agency is being provided by a $125,000 loan from the City. It is anticip this obligation will be repaid from tax increment revenues. 1996-97 Executive Director DBF Adjusted Budget Recommended A ESTIMATED RESOURCES: 2550 Reserve Fund Balance Loan Proceeds 327,050 23,750 3610 Interest Revenue TOTAL $327,050 $23,750 APPROPRIATIONS: 1200 Operating Supplies 10 $0 2100 Photocopying 1,500 1,500 2110 Printing 4,450 1,500 2115 Advertising 26,000 1,000 2120 Postage 450 500 2320 Publications 250 250 2325 Meetings 490 500 2330 Travel-Conf & Mtgs 400 1,500 2340 Education & Training 0 500 2352 Promotional Items 0 1,500 4000 Professional Services 231,500 0 4020 Legal Services 62,000 15,000 4100 Director Compensation 0 0 TOTAL $327,050 $23.750 blished ised by se of the that Board I 1 2 3. MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR JUNE 3, 1997 CLOSED SESSION: None CALL TO ORDER: Mayor Huff called the meeting to order at 6:39 p.m. in the SCAQMD Auditorium, 21865 E. Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Cuncil Member Harmony. INVOCATION: Reverend Mark Hopper, Evangelical Free ghurch ROLL CALL: Council Members Ansari, Harmony, Warner, Mayor Pro Tem Herrera and Mayor Huff. Also present were: Terrence L. Belanger, City Manager; Frank Usher, Assistant City Manager; Amanda Susskind, Assistant City Attorney; James DeStefano, Community Development Director; George Wentz, Public Works Director; Bob Rose, Community Services Director and Tommye Nice, Deputy City Clerk. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 3.1 Presented City Tile to Ruth Avila, owner of Xavier's Florist. 3.2 Presented Certificate of Recognition to Felix Giles, D.B. resident, for hi 4 work with youth in helping to educate them against drug abuse and gan and street violence. 4. PUBLIC COMMENTS: Bob Zirbes, D.B. Improvement Asso iation President, asked the Council to place the Property Maintenance Standards issue on the November ballot, grant the Code Enforcement Officer citation authori y and adopt a proactive property maintenance standards approach. He presented property maintenance standards survey results from the Windmill publicatin and asked that the matter be placed on the June 17, 1997 agenda for discussi 3 . Barbara Beach-Courchesne stated that as an affected property owner, she w s not notified about the May 20, 1997 Joint Public Hearing. She asked for a list of ntified residents. Clyde Hennessee inquired about Voucher Register items. He wanted to know in what part of the City the 200 survey respondents live. Heinz Gehner, D.B. Chamber of Commerce President, asked Council to support a contract for services between the City and the Chamber. JUNE 3, 1997 PAGE 2 CITY COUNCIL 5. SCHEDULE OF FUTURE EVENTS: 5.1 PLANNING COMMISSION - June 10, 1997 - 7:00 p.m., AQMD Audit rium, 21865 E. Copley Dr. 5.2 TRAFFIC & TRANSPORTATION COMMISSION - June 12, 1997 - 7:00 P.M., AQMD Board Room, 21865 E. Copley Dr. 5.3 CITY COUNCIL MEETING - June 17, 1997 - 6:30 p.m., AQMD Audit rium, 21865 E. Copley Dr. 5.4 CONCERTS IN THE PARK - "Film at Eleven" Classic 60's & 70's - Jur e 25, 1997 - 6:30 to 8:30 p.m., Sycamore Canyon Park, 22930 E. Golden Srrings Dr. 6. CONSENT CALENDAR: CM/Belanger asked that Council consider inclusion of an item from the SCJPIA regarding membership of the Cities of Rolling Hills and LaQuinta in the Authority. This matter came to the attention of the City within the last 72 hours and there is a need to act immediately. C/Werner moved, MPT/Herrera seconded, to approve the inclusion of membE rship request by the SCJPIA. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Harmony, Werner, MPT/Herre a, MIH uff NOES- COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None C/Werner moved, MPT/Herrera seconded, to approve the Consent Calends with the exception of Items No. 6.8 and 6.9 and inclusion of 6.10 (SCJPIA). otion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Harmony, Werner, MPT/Herre a, M/H uff NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 6.1 PLANNING COMMISSION MINUTES: 6.1.1 Regular Meeting of April 22, 1997 - Received and filed. 6.1.2 Regular Meeting of May 13, 1997 - Received and filed. 6.2 APPROVED VOUCHER REGISTER - dated June 3, 1997, in the amo nt of $856,701.74. 6.3 RECEIVED AND APPROVED TREASURER'S REPORT - Month of pril, 1997.. II 6.4 RECEIVED, ACCEPTED AND FILED PROPOSITION A LOCAL REURN FUND, PROPOSITION C LOCAL RETURN FUND AND TRANSPORTA ION DEVELOPMENT ACT AUDITS FOR THE FISCAL YEARS ENDED JUN 30, JUNE 3, 1997 PAGE 3 CITY COUNCIL 1996 AND 1995. 6.5 EXONERATED CASH DEPOSIT IN LIEU OF GRADING BOND (FAITHFUL PERFORMANCE, LABOR & MATERIAL) FOR 2194 INDIAN CREEK ROAD. 6.6 ADOPTED RESOLUTION NO. 97-38: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, RESCINDING RESOLUTIONS 89-11 AND 89-11A AND APPROVING COVERAGE OF ALL OFFICERS AND EMPLOYEES UNDER ONE MASTER FAITHFUL PERFORMANCE BOND. 6.7 AWARDED CONTRACT FOR DESIGN SERVICES FOR STREET IMPROVEMENTS ON DIAMOND BAR BOULEVARD BETWEEN PALOMINO DRIVE AND NORTHERLY CITY LIMIT AT TEMPLE AVENUE - to Dewan Lundin & Assoc. in an amount not to exceed $44,960 with a contingency of $3,000. 6.10 APPROVED MEMBERSHIP OF THE CITIES OF LA QUINTA AND RO LING HILLS TO THE SOUTHERN CALIFORNIA JOINT POWERS INSUR NCE AUTHORITY and authorized C/Werner to sign. MATTERS WITHDRAWN FROM CONSENT CALENDAR: 6.8 AWARD OF CONSTRUCTION CONTRACT FOR PANTERA PARK - Following discussion, ClWerner moved, ClAnsari seconded to award a construction contract for Pantera Park to Valley Crest Landscape, Inc. in an amount not to exceed $2,251,208 and provide a contingency of $168,840 for project change orders to be approved by the City Manager, for a total authorization of $2,420,048. Motion carried by the following Roll Cal vote: AYES: COUNCIL MEMBERS - Ansari, Werner, MPT/Herrera, NOES: COUNCIL MEMBERS - Harmony ABSENT: COUNCIL MEMBERS - None 6.9 ONE YEAR EXTENSION OF CONTRACT WITH DIVERSIFIED PARATRANSIT FOR DIAMOND RIDE SERVICES - Following disco sion, MPT/Herrera moved, ClAnsari seconded, to approve a one year extension of the contract with Diversified Paratransit for Diamond Ride Services in the amount of $240,000. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Harmony, Werner, M Herrera, M/Huff NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 7. PUBLIC HEARINGS: JUNE 3, 1997 PAGE 4 CITY COUNCIL 7.1 REQUEST TO REVIEW THE DECISION OF THE PLANNING COMMI SION TO APPROVE A PROPOSED WIRELESS TELECOMMUNICATIONS FACILITY AT 24401 DARRIN DRIVE (CUP 96-10 AND DR 96-9) - Jeff McHaddad, Pacific Bell Mobile Communications, in response to CIA sari, stated that the installation had been lowered 2'. Responding to C/Harrnony, he said there was no grading at the site. Top soil was imported for the mockup. He referred Council to the presentation folder. Also in response to C/Harmony, Mr. McHaddad stated that the applicant had not reque ted a tract amendment for removal of the access restriction. There will be foot traffic only to the site once or twice monthly and no vehicular access o the project site. He clarified that the project involves the attachmeni of 2 antennas to each of 3 pipes. The visual impact is minimal. He indi ated there are two existing facilities in D.B. that exist in residential zones (D.B. High School). He further stated that although several locations, incl ding Peterson Park, were considered for this installation, the proposed site rants the best line of site and presents no visual impact to surrounding residences. The applicant never proposed a tower with flashing red light. The site will not interfere with television, radio or wireless telephone communications. The resident's concerns regarding EMF's have been addressed by the appl cant. Mr. McHaddad also indicated that a resident requested a 5' berm instead of the proposed 3' berm and that the applicant is willing to extend the berm to 5', if necessary. He pointed out that an independent real estate appraiser's opinion is that installations of this type add valuable services to the area and do not contribute to declining real estate values. He believed the app icant had responded positively to the concerns of the residents, the Planning Commission and Council. The proposed installation will add a val able service to the community. Dr. Jerry Bushberg explained that he conducted broad banned MRF exposure surveys of the mockup facility. Maximum levels measured were approximately less than .2% of the allowed standard. Bernie Garcia, 3748 Woodhurst Dr., Covina, Real Estate Appraiser, stated that he holds a Senior Designation with the American Society of Appraisers, a Senior Designation with the National Association of Indepencleni Fee Appraisers, and a Senior Designation with the American Association of Certified Appraisers. He indicated he served for three years on the Appraisal Qualifications Board, a five member board in Washington, D -C., with the Appraisal Foundation whose function it is to determine education and experience for Licensed Certified Appraisers throughout the country He inspected the subject property to determine whether or not there would be a decline in value of properties approximate or adjacent to the proposed site. Sales of Residential property, one in 1993 (prior to the D.B. High School cellular site installation) not in the vicinity of the High School site, and one in January, 1997 which occurred immediately adjacent to the D.B. High S hoof site, revealed no negative impact to property values as a result the installation. JUNE 3, 1997 PAGE 5 CITY COL NCIL Mr. McHaddad stated that the applicant's landscape plan had been upg aded to include additional vegetation and berming. He asked that Council approve the project with appropriate enhancements or modifications. Responding to C/Werner, Mr. McHaddad indicated the existing trees hich camouflage the antenna shown on the plans were slated to be removed; however, since the Planning Commission hearing, the trees will now be trimmed and not removed. Existing plans are relevant only to the exterit that the conditions imposed by the Planning Commission's approval are applicable. CMlerner asked what condition provides that the trees will not be removed. He asked the proposed height of the commercial metering pedestI and wanted to know how the structure will look. Mr. McHaddad verified to ClWerner that the dashed line represents the lease line. Grey gravel will be placed in the lease area so that weeds do not grow. Further, he confirmed that the gravel will not be visible from the surrounding area and that the center antenna on the plans should be labeled "Cox". Each pole will have two antennas, the dimensions of which differ slightly between the two carriers. The antenna, point in a specific direction, half pointed uphill and half pointed downhill, all pointed away from the residences in order to cover the freeway corridor. Technically, this site has not been left opan for a third provider. The Planning Commission asked if the applicants wotild be opposed to letting another provider consider co -locating at the site. H said they are not opposed to a third provider co -locating at the site provided they obtain the City's permission and conform to the conditions of the approval. The cabinets proposed for the site are for Cox/Sprint PBS (one carrie) and Pacific Mobile Services (a second carrier). Further, he stated that the chain link fencing can be green vinyl or light brown vinyl with current plr to provide a green vinyl fencing. The block wall is proposed to be slump stone colored to blend with the surrounding vegetation. In response to MPT/Herrera, Mr. McHaddad responded that current , the antenna are proposed to be placed 2' below pad grade. The dravvings provided to Council show the antennas flush with the pad. The mockup antenna are 2' below the pad. The applicant's engineers would prefer the tops of the antenna be flush with pad grade in order to provide more effective coverage. In response to C/Harmony, Mr. McHaddad stated that due to the radius, highway, and topography, the Peterson Park site does not offer hand ff line of site to other digital installations. He indicated that the equipment sites are fenced for security purposes. In addition, the site requires a 220 watt/100 AMP power source. The antenna and fencing are grounded and do nt give off electrical shock during transmission. Responding to CANerner's prior question, Mr. McHaddad statep the JUNE 3, 1997 PAGE 6 CITY COONCIL commercial metering pedestal is proposed to be a cabinet approximately 36 inches high and 18 inches in diameter. In response to MIHuff, Mr. McHaddad explained that the Planning Commission approved the antenna tip height at grade. Since Comm ssion approval, the applicant has lowered the antenna 2' below grade. The Commission approved the project without the berm. He indicated th front page of the notebook provided to the Council shows a 1 112 to 2' berm The actual height of the tallest antenna is 24' with the 2' reduction. In response to MIHuff, ACA/Susskind responded that the law state3 that wireless telecommunications providers must meet Federal requirements which are not subject to interpretation by cities, counties or states. She stated that although cities may not disallow providers, distance requirements. zoning and other limitations may be imposed. MIHuff opened the public hearing. Joe Ruzicka, Planning Commission Chairman, fully understood Council's concern for this controversial issue and its decision to review the Planning Commission's determination. Nothing that has to do with the maintenance of the City should be taken lightly. However, the Planning Commission as a whole, abided by this maxim when it received for consideratio the installation of this facility. The end product of the Commission's deliber tions took into account the health and safety of the neighborhood, potential disruption of views, maintenance of property values due to aesthetics f the project, and the rights of both the citizens and the applicant. Hes id he personally called five agencies that deal with telecommunications fac lities, the Environmental Protection Agency, the National Institute of Heait 1, the National Institute of Environmental Health Services, the Federal Communications Commission, and the Motorola Consortium. He indi ated the research information he received was made available to the Council Members through the City's Planning Department. He further stated that his fellow Commissioners conducted extensive research on this matter. As a result of citizen and Planning Commission concerns, the final p oject proposal was completely changed from the initial submission. In view of this thorough review process, he requested that Council confirm the Pla ning Commission's 4-1 approval decision. Don Schad, Planning Commission Vice Chairman, stated he voted "NO" on this project. He said he feels the City Council has an obligation to honor the citizens' wishes to not permit this project in their neighborhood. He indi ated he has received inconsistent information from the applicant regardi g the facility's power usage. He pointed out that CIVVerner's question regardir g the antenna dimensions was not answered by the applicant. He further stated he is concerned about the applicant pruning black walnut trees on the site. Mary Yuen asked why the project is deemed appropriate to be placed on a JUNE 3, 1997 PAGE 7 CITY COUNCIL hillside and indicated the applicant previously stated the antennas could not be placed below top of grade and now they are advocating it is okay to lace them Z below grade. She is concerned that the applicant will come back to the City after installation to say the antennas do not work at the instal ation level and need to be raised. She expressed concern about inconsiste cies voiced by the applicant and indicated that she had contacted a couple of realtors who told her it was possible that property values could be jeopardized due to antenna installations. Also, she was concerned about setting a precedent by placing these types of antenna in resid ntial neighborhoods. The installation is visible from her property which is L p the hill from the site and she was concerned that antenna waves could reach her property. The residents have no financial interest in this project. HoA ever, the people who have spoken previously have a financial interest and ale not residents of the City. She said it is important that the Council listen o the concerns of its citizens. Denise Delgado said they purchased their view lot 11 years ago. He Ith of her children is her number one concern. She said she and her neig lbors were not previously aware that 60 people signed a CC&R amenc ment allowing this installation. The site is visible from her home. She expressed concern about the applicant's inconsistent statements. Ellen Stepada, Jan Court, said she was not notified about the project and expressed concern about the potential health effects of these types of installations and property values. She complained that the appraisal offered by the applicant had no bearing on the proposed site in her neighborhood. She felt that the City will be sorry if the project is approved becau e the residents have not been properly notified. Dr. Lawrence Rhodes asked how this, project will be affected if thq City Council passes a moratorium on these types of facilities (Agenda Ite No. 8.3). Rose Madunnen, Carpio, believed that it was wrong for a commercial establishment to be allowed in a residential area. Mr. McHaddad said the residents gain a utility service with the instal lat on of this system like any other utility service such as the gas company, the television cable company, the telephone company, etc. Location of this type of installation in a residential neighborhood is not precedent setting. This is not a commercial establishment. He asked Council to uphold the Planning Commission's approval. There being no further testimony offered, MIHuff closed the public hearing. C/Harmony believed protecting the City's neighborhoods is at i sue. Telephone pole installations are a blight on neighborhoods. Ther are currently 18 telecommunications facilities in the City and the City ne ds to JUNE 3, 1997 PAGE 8 CITY COONCIL gain control of these types of installations. Council has proposed a moratorium on these types of installations until guidelines are establishE d. He said he was not satisfied with answers regarding map restrictions ar d the original intent for use of the proposed site. He questioned a review f the CC&Rs for the entire neighborhood and indicated his discomfo with inconsistencies in the applicant's proposal. He suggested Council de y the project without prejudice and recommend that the applicant reapply o the City after guidelines are established. In response to C/Ansari regarding 60 signatures obtained for the QC&R amendment, CDD/DeStefano explained that the applicant sought and obtained an amendment to the CC&Rs that control his property and some surrounding homes within the tract. The amendment permits the t pe of application he has placed before the City for consideration. An amendment to the CC&Rs requires 75% approval of property owners within the tract, which he has obtained according to the recorded document. Reside is of the specific Tract Map would have been notified. For instance, Jan Court is a different tract and those residents would not have been notified abo t the CC&R amendment. In response to C/Ansari regarding raising of the berm to 5' and lowerir g the antenna 2', Mr. McHaddad responded that the berm does not affect the radio waves because it is behind the antennas and serves only to mitiga a the visual impact of the antenna. C/Ansari said she visited the site. The installation is on the far side of the property next to the fire station and surrounded by substantial opens ace. She was concerned with setting a precedent in residential neighbor oods and the potential impact to the neighbors; however, she believed this p oject would have a minimal impact on the neighbors. She disagreed wit the project as she viewed it last night with the 1 112' berm. Mr. McHaddad explained the project plan's color representations to C/Werner. I In response to C/Werner, CDD/DeStefano read the language of the R1 Single Family Residential Zone, Section 22.20.100, which describes permitted property uses under which this project was considered. There is no ownership distinction. Other R1 land uses that require Conditiona Use Permits and could be construed as commercial activities include Adul Day Care Facilities, Airports, Golf Courses, Heliports, Libraries, Sc ools, Cemeteries, Museums, etc. Home based businesses do not require a Conditional Use Permit. He was not aware of any D.B. ordinance spec fying or regulating numbers of uses in addition to primary use. C/Werner stated that the Planning Commission apparently mad an extraordinary effort in its review process. The only "NO" vote is based pon the EMF's, a subject which the City is not able to regulate. JUNE 3, 1997 PAGE 9 CITY COUNCIL In response to CN1lerner, ACA/Susskind explained that the City could insert wording into the finding that if the FCC later determines that these kinds of uses are found to be of health risk, and if the government releas s the clause, the City would be able to retroactively remove the site on the basis of health risk. C/Werner stated that the applicant's incomplete plans render a decision difficult. In addition, there are no Planning Commission conditions of approval indicating no trees shall be removed from the site. He asked that the applicant provide conforming plans for Council's consideration. MPT/Herrera stated that it is never easy to make a decision that is controversial, but Council has an obligation to make decisions based upon the overall good to the City and behave in a proper business sense. She did not believe it communicates a good message about the City and how it wants to conduct business when it changes rules in the middle of the game. t this time, D.B. is making a concerted effort to promote economic development. The economic well-being of D.B. depends on economic development. If the City continues to chase away business, it will fall upon the backs of the homeowners to support the City and its facilities and services. Fu ther, Council has an obligation to consider resident's concerns and views, end to modify projects accordingly while meeting the City's financial obligations. M/Huff agreed with ClWerner regarding the view. Council cannot ma a an informed decision without complete and accurate project plans. With re 5pect to property values, the applicant hired a professional appraiser whom de a good faith comparison effort. It is difficult to obtain comparables wil hin a portion of the community where no facilities exist. He suggeste the applicant be asked to provide a complete mockup with a 5' berm in place. ClWerner moved, M/Huff seconded, to continue the matter to June 17, 997, and request the applicant provide Council with complete and accurate site plans and mockup. C/Harmony offered a substitute motion to overturn the Plarining Commission's approval and deny the application without prejudice.tion IT died for lack of a second. ClWerner continued with his motion to include that the following information be provided by the applicant: Height of antennas, precise location relative to the flat pad, where the gravel is proposed to be placed and what color it will be, location of the lease line, length of the property lease and wheth r the lease constitutes a subdivision of land, provide accurate and complete d tails of projected tree maintenancelremoval, provide precise landscape Ian, provide mockup of the commercial metering pedestal placed further away from the right-of-way, and provide evidence that the site is not visib a as stated by the applicant. JUNE 3, 1997 PAGE 10 CITY COUNCIL ACA/Susskind suggested this meeting be adjourned to a time and specific for purposes of visiting the site in accordance with the Brc CA/Verner amended his motion to include a site visit at 5:30 p.m. on Ju 1997. C/Harmony moved, C/Ansari seconded to amend C/Werner's mot include a written legal opinion/analysis of map restrictions. Furth requested an analysis of L.A. County's intent with respect to the original approval with respect to CC&Rs as the provisions relate to open s Motion to amend C/Werner's motion failed by the following Roll Call AYES: COUNCIL MEMBERS - Ansari, Harmony NOES: COUNCIL MEMBERS - Werner, MPT/Herrera, M/Huff ABSENT: COUNCIL MEMBERS - None M/Huff called for the question on C/Werner's motion to continue this i June 17, 1997 to 5:30 p.m. for a site visit. Motion carried by the foll Roll Call vote, AYES: COUNCIL MEMBERS - Ansari, Werner, MPT/Herrera, NOES: COUNCIL MEMBERS - Harmony ABSENT: COUNCIL MEMBERS - None 8. OLD BUSINESS: 8.1 RESOLUTION NO. 97-32A: A RESOLUTION OF THE CITY COUNCI THE CITY OF DIAMOND BAR AMENDING RESOLUTION NO. (RELATING TO THE VOLUNTARY EXPENDITURE CEILING FOR ELECTIONS) - Following discussion, C/Ansari moved, M/Huff second( adopt Resolution No. 97-32A. Motion failed by the following Roll Call AYES: COUNCIL MEMBERS - Ansari, M/Huff NOES: COUNCIL MEMBERS - Harmony, MPT/Herrera ABSTAIN: COUNCIL MEMBERS - Werner ABSENT: COUNCIL MEMBERS - None 8.2 SECOND READING OF ORDINANCE NO. 02(1997): AN ORDINANC THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ENACTII VOLUNTARY EXPENDITURE CEILING FOR CITY ELECTIONS - CIA moved, MIHuff seconded, to approve second reading by title only, wai% reading and adopt Ordinance No_ 02(1997). Motion failed by the follc Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, M/Huff NOES: COUNCIL MEMBERS - Harmony, MPT/Herrera ABSTAIN: COUNCIL MEMBERS - Werner ABSENT: COUNCIL MEMBERS - None Act. 17, I to he ract to ng uff L OF 17-32 CITY :d, to vote: OF GA ]sari full Wring JUNE 3, 1997 PAGE 11 CITY COgNCIL 0 8.3 ORDINANCE NO. XX(1997): AN ORDINANCE OF THE CITY OF DIAMOND BAR ESTABLISHING A MORATORIUM ON LAND USE ENTITLEM NTS FOR WIRELESS COMMUNICATION FACILITIES AND DECLARIN THE URGENCY THEREOF - Continued to June 17, 1997. NEW BUSINESS: 9.1 FISCAL YEAR 1997-1998 MUNICIPAL BUDGET - Barbara B ach- Courchesne expressed concern that the City was not addressing the shortfall. She asked how the City can entice new business when it cannot retain old business. D.B. is not suitable to be a large commercial sita and she believed the people do not want commercial development in thE City. Further, she did not agree with proposed staff salary increases. RegE rding donation to the Chamber of Commerce, she felt that it would be illegal to do so and felt that redevelopment would take money from the City. Debby O'Connor asked for consideration of a budget item for secuity at Diamond Ranch High School. Council concurred to continue the matter to June 17, 1997. RECESSED TO DIAMOND BAR REDEVELOPMENT AGENCY MEETING: 10:4$ p.m. RECONVENE: M/Huff reconvened the Joint Public Hearing at 11:05 p.m. 7. PUBLIC HEARINGS (Con't.) 7.2 CONTINUED JOINT PUBLIC HEARING -CITY COUNCIL/REDEVELOPMENT AGENCY. 7.2.1 RESOLUTION NO, 97 -XX: A RESOLUTION OF THE CITY CO NCIL OF THE CITY OF DIAMOND BAR APPROVING THE EXCLUSION OF CERTAIN PROPERTY FROM THE PROPOSED DIAMOND BAR ECONOMIC REVITALIZATION AREA. Council concurred to continue the Joint Public Hearing to June 10, 1997 at 6:30 p.m. 9. NEW BUSINESS: 9.2 JOINT CITY COUNCILIREDEVELOPMENT AGENCY NEW BUSINESS. 9.2.1 RESOLUTION NO. 97 -XX: A RESOLUTION OF THE CITY CO NCIL OF THE CITY OF DIAMOND BAR ADOPTING WRITTEN FINDINGS IN RESPONSE TO ORAL AND WRITTEN OBJECT ONS, COMMUNICATIONS AND SUGGESTIONS IN CONNECTION WITH THE PROPOSED REDEVELOPMENT PLAN FOR THE DIA OND BAR ECONOMIC REVITALIZATION AREA OF THE DIAMON BAR JUNE 3, 1997 PAGE 12 CITY COUNCIL REDEVELOPMENT AGENCY - Continued to June 10, 1997. 9.2.2 RESOLUTION NO. R -97 -XX: A RESOLUTION OF THE DIA OND BAR REDEVELOPMENT AGENCY CERTIFYING THE F INAL ENVIRONMENTAL IMPACT REPORT FOR THE DIAMOND BAR ECONOMIC REVITALIZATION AREA; ADOPTING THE MITIGATION MONITORING PROGRAM; ADOPTING THE FINDINGS AND F CTS IN SUPPORT OF FINDINGS AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS AND APPROVING THE REDEVELOPMENT PLAN - Continued to June 10, 1997. 9.2.3 RESOLUTION NO. 97 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR CERTIFYING THE RINAL ENVIRONMENTAL IMPACT REPORT FOR THE DIAMOND BAR ECONOMIC REVITALIZATION AREA; ADOPTING THE MITIGATION MONITORING PROGRAM; ADOPTING THE FINDINGS AND FACTS IN SUPPORT OF FINDINGS AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, APPROVING THE REDEVELOPMENT PLAN AND MAKING CERTAIN FINDIN S IN CONNECTION THEREWITH - Continued to June 10, 1997. 9.2.4 FIRST READING OF ORDINANCE NO. XX (1997): AN ORDIN NCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING AND ADOPTING THE REDEVELOPMENT PLAN FOR THE DIAMOND BAR ECONOMIC REVITALIZATION AREA - Continued to June 10, 1997. RECONVENE CITY COUNCIL MEETING: 11:06 p.m. 10. COUNCIL SUB -COMMITTEE REPORTS: None 11. COUNCIL COMMENTS: None 12. ANNOUNCEMENTS: None 13. ADJOURNMENT: There being no further business to conduct, MIHuff adjo Arned the meeting at 11:06 p.m. to June 10, 1997 at 6:30 p.m. Tommye Nice Deputy City Cllerk JUNE 3, 1997 PAGE 13 CITY COUNCIL Mayor i MINUTES OF THE CITY COUNCIL ADJOURNED REGULAR MEETING OF THE CITY OF DIAMOND BAR JUNE 10, 1997 1. CALL TO ORDER: Mayor Pro Tem Herrera called the m eting to order at 7:40 p.m. in the SCAQMD Auditorium, 21865 E. Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was lead by Council Member Werner, ROLL CALL: Council Members Ansari, Harr>hony, Werner and Mayor Pro Tem Herrera. Mayor Huff was excused. II Also present were: Terrence L. Belanger, City Manager; Frank Usher, Assi tant City Manager; Amanda Susskind, Assistant City Attorney; James DeSte no, Community Development Director and Lynda Burgess, City Clerk. RECESS TO JOINT MEETING WITH THE REDEVELOPMENT AGENCY: 7:41 p. 1. CALL TO ORDER: Chairman Werner ROLL CALL: Agency Members Ansari, H Herrera, and Chairman Werner. Vice Chairman Huff was excused. 2. PUBLIC COMMENTS: Wilbur Smith, referring to CMIBelan er's opening budget statement on June 3, 1997, asked why the City would pursus full commercial occupancy if it is not going to take care of the City's shortfall He believed that if filling the vacancies will not cover the $1,000,000 shortfall, thE City should be pursuing something that will achieve that goal. Clyde Hennessee indicated that his few objections to redevelopment include creative financing, taking of property, and the lack of people's right to vote on taxes. He expressed faith in the current Council but he was concerned about who might be sitting in the Council seats in future years. Don Schad read a portion of a publication entitled Garden Cities 21 regarding loss of suitable wildlife habitats. He suggested Council obtain a copy of the booklet for their use. He believes it is a tragedy that California has lost more of its natural resources than any other state in the Union. 3. CONTINUED JOINT PUBLIC HEARING - CITY COUNCILlREDEVELOPM ENT AGENCY - Agency Chair/Werner declared the Joint Public Hearing open and turned the gavel over to MPT/Herrera. MPT/Herrera declared the Joint P blic Hearing open and turned the gavel over to Chair/Werner to preside. 3.1 RESOLUTION NO. 97 -XX: A RESOLUTION OF THE DIAMOND BAR REDEVELOPMENT AGENCY RECOMMENDING APPROVAL BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR OF THE EXCLUSION OF CERTAIN PROPERTY FROM THE PROPOSED DIAMOND 3AR JUNE 10, 1997 PAGE 2 ECONOMIC REVITALIZATION AREA - Continued to June 17, 1997. 3.2 RESOLUTION NO. 97 -XX: A RESOLUTION OF THE CITY COUNCI OF THE CITY OF DIAMOND BAR APPROVING THE EXCLUSION OF CERTAIN PROPERTY FROM THE PROPOSED DIAMOND BAR ECONOMIC REVITALIZATION AREA - Continued to June 17, 1997. 3.3 RESOLUTION NO. 97 -XX: A RESOLUTION OF THE CITY COUNCI OF THE CITY OF DIAMOND BAR ADOPTING WRITTEN FINDINGS, IN RESPONSE TO ORAL AND WRITTEN OBJECTIONS, COMMUNICATIONS AND SUGGESTIONS IN CONNECTION WITH THE PROP SED REDEVELOPMENT PLAN FOR THE DIAMOND BAR ECONOMIC REVITALIZATION AREA OF THE DIAMOND BAR REDEVELOP ENT AGENCY - Continued to June 17, 1997. 3.4 RESOLUTION NO, R -97 -XX: A RESOLUTION OF THE DIAMOND BAR REDEVELOPMENT AGENCY CERTIFYING THE FINAL ENVIRONME TAL IMPACT REPORT FOR THE DIAMOND BAR ECONOMIC REVITALIZATION AREA; ADOPTING THE MITIGATION MONITORING PROGRAM; ADOPTING THE FINDINGS AND FACTS IN SUPPOR OF FINDINGS AS REQUIRED BY THE CALIFORNIA ENVIRONMEIN TAIL QUALITY ACT, ADOPTING A STATEMENT OF OVERRIDING CONSIDERATION AND APPROVING THE REDEVELOPMENT P N - Continued to June 17, 1997. 3.5 RESOLUTION NO. 97 -XX: A RESOLUTION OF THE CITY COUNCI OF THE CITY OF DIAMOND BAR CERTIFYING THE FINAL ENVIRONMEf ITAL IMPACT REPORT FOR THE DIAMOND BAR ECON MIC REVITALIZATION AREA; ADOPTING THE MITIGATION MONITORING PROGRAM; ADOPTING THE FINDINGS AND FACTS IN SUPPOR OF FINDINGS AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, APPROVING THE REDEVELOPMENT PLAN ND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH - Conti ued to June 17, 1997, 3.6 FIRST READING OF ORDINANCE NO. XX (1997): AN ORDINANC OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING AND ADOPTING THE REDEVELOPMENT PLAN FOR THE DIAMOND BAR ECONOMIC REVITALIZATION AREA - Continued to.lune 17, 1997. ACA/Susskind stated that at the May 20, 1997 Regular Meeting, Co ncil voted on a motion to continue the public hearing for the limited purpose of considering exclusion of territory. It is clear from the comments made during the motion that it was the Council's intent to limit the remainder of the JUNE 10, 1997 PAGE 3 hearing to the exclusion of the six parcels. Having listened to the tape recently, she indicated it was Council Member Harmony who objected t D the continuance for the limited purpose specifically on the grounds that it would limit the hearing only to the discussion of the six parcels. If public spei kers wish to speak on other exclusions it is not worth having a debate r. bout whether that exclusion relates to the six parcels and whether their obje ions to the exclusion of any other territory is distinguishable from their obje tion to the six parcels under consideration as long as the testimony is limit d to exclusions in general to the 5 minutes allowed. A full and complete staff presentation was conducted with respect to the Redevelopment Plan EIR and exclusion of the six parcels. Staff and consultants are present to answer questions with respect to the six parcel exclusions. The Pla ping Commission recommended approval of the Redevelopment Plan wit the exclusion of the six parcels, the subject of the current public hearing. In response to C/Werner, ACA/Susskind stated that all action item4 are included in the public hearing and there is no requirement to ha e a separate five minute comment session for each action item. AM/Harmony moved, AMIAnsari seconded to limit debate to 5 mini Motion failed by the following vote: AYES: AGENCY MEMBERS - Herrera, Chair/Werner NOES: AGENCY MEMBERS - Ansari, Harmony ABSENT: AGENCY MEMBERS - Huff ACA/Susskind stated that the only items listed under Agenda Item No. 3 are action items for which there has been a public hearing open since May 20, 1997. At the end of the discussion on May 20, 1997, that hearing was closed with the exception of the exclusion of certain territories. Each of the items under Agenda Item No. 3 are combined. There is no need or ri ht of the public to speak to each of the sub items individually as a separate matter. The public had an opportunity to speak on May 20, 1997. Richard Toombs recommended the Agency revise the exclusion Resoll ition to include Summitridge Park in the project area. He disagreed with Plar ning Commission Resolution No. 97-5 dated May 27, 1997. Modifications are necessary. He believed the lower grassy portion of the Park shout J be developed into a model leash -free dog area. He presented a 2 -minute video tape of his proposal. Martha Bruske indicated that she had talked to many local merchants Dver the years about why so many vacancies exist Citywide. She asked why property owners should receive monies to renovate so that they can vitt tenants from their buildings. Further, she complained that Council had not addressed the Alameda Corridor matter. She recommended voters decide JUNE 10, 1997 PAGE 4 whether the City will undertake a redevelopment program. Don Schad asked what happens if the Redevelopment Agency process fails and the City has to write off the $400,000,000 spent over a 45 -year time frame. Who pays this money and where does the bond money come from. Further, he wanted to know why there are not more citizens repress ting D.B. in this process. Barbara Beach-Courchesne complained that Council changed the rules for public comments to not allow speakers the time to address each item o i the agenda. She protested the manner in which the hearing was conducted because she felt her civil rights were violated. With respect to exclusi n of Property No. 1, she indicated that the information was not included i i the public hearing and believed the hearing must be renoticed and reOpE ned. She asked for clarification whether Property No. 1 to be excluded fror 1 the plan belongs to the Pathfinder Homeowners Association. She requests the exclusion of all open spaces and specifically, Sandstone Car yon, specifically the 139 acres that is private property. She asked how brir ging more traffic into D.B. addresses bullet #3 of the Vision Statement of unmitigated congestion in this City. She indicated that responses giv n to the public's stated objections are general and vague. They dc not appropriately respond to the detailed information that was presentEd to Council. She requested that the entire City be excluded from any Redevelopment Agency until the Council can adequately address what light means and what urbanization means. Mary McCormick -Busse expressed concern about Site D and referre to a letter dated February 26, 1991 which advised of the initial public he iring scheduled for March 4 and March 11, 1991 regarding Site D. He iring results indicated at that time that 85% of respondents wanted a park on Site D. Her concern was that Site D had not been excluded frory, the Redevelopment Project Area and is not designated as park facilities. The General Plan indicates that Site D's land use designation is Public Facil ties. She requested that Site D, along with other City parks, be excluded from the Revitalization Project Area. She asked if the citizens have any recoura to pursue having a park placed on Site D. Murray Kane, speaking on behalf of affected property owners and other interested persons, said he filed with the City Clerk tonight, written objections on behalf of those affected property owners to the exclusion and to the Redevelopment Plan. He protested the 5 -minute limit and the narrowness of the hearing. He indicated that MPT/Herrera was told that 6% of the property is vacant and urbanized. He pointed to the urbanization map and pointed out certain areas that were not included in the 6%thal are vacant and designated as urbanized. He showed a picture of the 139 acre wilderness area which is included in the Redevelopment Area that staff did JUNE 10, 1997 not include when they made the statement that 6% was vacant. He showed a picture of Site D that was not included as part of the vacant land which is designated as urbanized land. He showed a picture of vacant land in the Gateway Corporate Center which is in the project area and is designat d as urbanized. He said that this is a blatant attempt to avoid the legal limit on how much vacant land a city can get away with putting in a Redevelopment Project. These parcels have been declared part of a blighted area. 11 his opinion, there is no economic or physical blight. This is urbanized vacant land that does not belong in the project area. It renders the project area illegal. He said he asked during the May 20, 1997 hearing to be showr one unsafe, unhealthy building. He said he received a response wherein staff said the City has unsafe, unhealthy buildings which includes thingE like sagging roofs and exposed wiring. Staff has not identified what building they are talking about. Only 8.8% of buildings within the project area require anything but a coat of paint or nothing and yet, staff says it is predominately blighted. For $300,000, the citizens have been given a bunch of lieand Council is being asked to make findings based upon these lies. He ited staff's statistics. He introduced into evidence a 24 minute vide tape excluding the six properties to be excluded, the June 10, 1997 memorar dum of written objects in opposition to, the City Manager's Information Regarding Redevelopment. Wilbur Smith stated that with respect to Item 3.1, he requested that Site D be designated as a park or recreational area. He understood that S to D belongs to the school district. He believed that Mr. Kane was not adequ 3tely responded to with respect to items 3 and 7 of his objections. Terry Birrell believed the City should exclude all undeveloped parcels from the Redevelopment Area and that the properties in the developed por.ions of the Redevelopment Area, with one exception, are not blighted and II of those areas should also be excluded. She asked that her 24 minute ideo be shown to demonstrate her points. She indicated that the study is a lear out of date and that many of the so-called faults which clearly do not ri a to the level of blight have already been corrected. She referred to the parcel at the corner of Lemon Ave. and Golden Springs Rd. The City has s )ent $300,000 for consultant's reports which she has heard no response fro the City Attorney or the City Manager denying or showing any reas ned response to the points made that this Redevelopment Agency is absolutely against the law. In her opinion, there has been no reason for the Council's/Agency's actions in trying to quash everybody except f r a complete disregard of the truth, for complete disregard of the Comm nity Redevelopment Act, for a complete disregard of the wishes of the residents and the businesses of D.B. Jack Gutowski stated that although he is not a foe of redevelopment, �e is in this particular instance. He believed that the appearance of fairne s is JUNE 10, 1997 PAGE 6 very important in a discussion of this magnitude. He reminded Counci 1, that it has an obligation to the future residents of D.B. He again recommended that in the event redevelopment is invoked, legislation be initiated to prohibit any Council Members from having a relationship with organizations cr the City for 5 years after ending their term of office. The citizens need to vote on this issue, Frank Dursa read from an article pertaining to another city's Redevelop ent Agency. He said the article points out that one Council Member can change what is happening in a city. Why should D.B. incur bond debt for 30 pr 35 years. There is nothing in this City that requires redevelopment. Wilbur Smith felt that Mr. Kane's video should be shown to the public because it might contain helpful information. Mr. Hennessee supported showing Mr. Kane's video. There being no further testimony offered, Chair/Werner closed the p blic hearing for the Redevelopment Agency. There being no further testimony offered, MPT/Herrera closed the pblic hearing for the City Council. Council concurred to direct staff to place the Redevelopment Agency ag nda toward the beginning of the June 17, 1997 meeting agenda and allow 12 minutes for opponents and proponents each to speak on the general top of redevelopment. ACA/Susskind reminded the Agency and Council that the public hearir been closed. She reiterated the Agency and Council intent to hax Redevelopment Agency action items be continued to June 17, 1997, th items be placed at the beginning of the calendar, and that the Agenc Council invited Mr. Kane to make a 12 minute presentation after which may be a question and answer period with the Agency and Council, an the Agency and Council are inviting one member of the public to reb Kane's presentation. She suggested the rebuttal be made by a staff mE or consultant. 4. AGENCY MEMBER COMMENTS. AM/Harmony stated E Susskind earlier indicated that the public could speak on other properties might wish to have excluded from redevelopment. He suggested that the City a reserve account of $11,000,000 and can buy its own bonds. He had been tol other redevelopment professionals that the question is open as to who has tc in the event a redevelopment agency goes bankrupt. He said he would hav( entire article Mr. Dursa read on the BBS tomorrow, has the the and that Mr. has J by pay the JUNE 10, 1997 PAGE 7 AM/Ansari said that she would like questions asked during public comments to iight to be answered at the beginning of the next meeting. She would have preferred more Town Hall meetings for the purpose of discussing redevelopment. She suggested another Town Hall meeting be held and if there is negativity voiced she felt the matter should go to public vote. Public perception is important. AM/Herrera indicated that several residents of D.B. served on the redevelop ent committee and believed the City and consultants have defined blight during the numerous meetings regarding redevelopment. She believed it is importarit for everyone to remember that Side D property belongs to WVUSD. The City cannot make any plans for the use of the property excluding the consent of the School District. She believed there had been a lot of confusing statements made c, bout how redevelopment is funded. Property taxes will not be raised. She askec that the public be aware that 9 individuals spoke tonight in opposition of redevelopment. There are 56,000 residents of this community. A number of local businesse are looking forward to participating in redevelopment. The Redevelopment Agencl. F can greatly benefit this City. She urged individuals to obtain the facts rega ding redevelopment. ChairNVerner agreed with staffs recommendation that the City proceed on a pay- as-you-go approach and not issue bonds. He believed the "taking of property" issue needed to be further deliberated by Council and the Agency. With respect to voting on taxes, he stated he would be concerned if the City did not pur ue a redevelopment program so that it could benefit the City and its taxpayers r ther than continuing to allow property tax revenues to leave the City. He commended Mr. Toombs presentation and felt it may benefit the City to have a selected area within a park. He said it is not significant whether such a facility is located inside or outside of a redevelopment area. He responded to Mrs. Bruske that he doe not believe redevelopment was a hidden agenda at time of City incorporation. As a matter of fact, redevelopment was included in all of the General Plan proposals presented and considered. He relies on staffs comments that in the event the Redevelopment Agency fails, the debt of the Agency would not be paid by D.B. taxpayers. With regard to Mrs. Beach-Courchesne's comments, he felt that the Redevelopment Plan is consistent with the General Plan. He does not envisioii nor has he ever pursued the subject of big box shopping centers in D.B. ACA/Susskind indicated that staff understands that responses will be made tc� oral comments received during this meeting. 5. AGENCY SUBCOMMITTEE REPORTS: None ADJOURNMENT: AM/Ansari moved, AM/Herrera seconded, to adjourn the meeting to June 17, 1997 and continue the action items on the agenda as previ usly directed. Chair/Werner adjourned the Joint Meeting with the Redevelopment Agency at 10:00 P.M. JUNE 10, 1997 PAGE 8 RECONVENE CITY COUNCIL MEETING: 10:00 P.M. 6. COUNCIL SUBCOMMITTEE REPORTS: ClAnsari reported on the r cent Economic Redevelopment meeting she attended and announced that two new business have recently located in Diamond Bar. The City supported AB323 which would give more local control to residences housing 6 and under unrelated persons which did not make it through the committees. The issue had been turned i to a pilot project in 4 counties. SCAG will hold a meeting for Congressmen on F iday, August 22, 1997 at USC. This Friday's meeting on Integrated Waste in theear 2000 will be held in the City of Industry. 7. COUNCIL COMMENTS: C/Harmony said he will pu Mr. Kane's 10 page letter on City -On -Line. ClAnsari announced that she is the new chairperson for the Contract ities Association and she will also be CLOUT's new chairperson. She said she h Dpes her participation will help encourage more businesses to locate in the San G briel Valley. On June 25, 1997, the first of 10 "Concerts in the Park" will be hE Id at Sycamore Canyon Park from 5:30 p.m. to 8:30 p.m. She thanked the Pa ks & Recreation Commission for putting together a good concert series. She wish d all fathers a Happy Father's Day. MPTIHerrera explained that she was late in arriving at this meeting becaus she was representing the City at the East San Gabriel Valley Consortium (LAWorks) in Irwindale. She suggested that citizens unite to recite the Pledge of Allegiance to the flag at 7:00 p.m. standard time (4:00 p.m. locally) on Flag Day, June 14, 1997. She read the "Pause for the Pledge of Allegiance" proclamation. 8. ADJOURNMENT: There being no further business to conduct, C/Werner moved, C/Ansari seconded, to adjourn the meeting to 5:30 p.m., June 17, 1997, to the Darrin Drive cell site, to be followed by the Regulai City Council Meeting at 6:30 p.m. in the SCAQMD Auditorium. Meeting adjourned at 10:50 P.M. LYNDA BURGESS, City Clerk ATTEST: Mayor Pro Tem MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR JUNE 17, 1997 44 1. COUNCIL FIELD TRIP: 5:30 p.m. site visit to view proposed site �ar a wireless telecommunication facility - 24401 Darrin Drive. 2. CALL TO ORDER: Mayor Pro Tem Herrera called the meeti g to order at 6:47 p.m., in the SCAQMD Auditorium, 21865 E. Copley Drive, Diaand Bar, California. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Commander Larry Waldie, L.A. County Sheriffs Department. INVOCATION: Pastor Rick Motz, Evangelical Free Church of Diamond Bar. ROLL CALL: Council Members Ansari, Harmony, Werner, and Mayor Pro Tem Herrera. Mayor Huff was excused. Also present were: Terrence L. Belanger, City Manager; Frank Usher, Assistant City Manager; Mike Jenkins, City Attorney; James DeStefano, Community Development Director; George Wentz, Public Works Director; Bob Rose, Community Services Director and Lynda Burgess, City Clerk. 3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 3.1 Presented City Tiles to Sgt. Brett Bodenstadt and Commander Larry Waldie (formerly Captain of the Walnut Station) for their services to the residents of D. B. 3.2 Presented Certificate of Recognition to Jennifer Purpero, Recipient af the Daniel T. Fraembs Memorial Scholarship. 3.3 Captain Richard Martinez introduced Craig Tippings, the new Walnut Sheriffs Department Team Leader. 3.4 Presentation made by Paul Gonzales, CalTrans, regarding the ROLite 71 construction closure. Riverside portion (3 mile stretch near Prada Darn) will be closed July 15, 1997 through November 15, 1997. CONVENE TO JOINT MEETING WITH THE REDEVELOPMENT AGENCY - 7:15 P.M. 1. CALL TO ORDER: Chairman Werner 2. ROLL CALL: Agency Member Ansari, Harmony, H rrera, Chairman Werner. Vice Chairman Huff was excused. Also present were: Terrence L. Belanger, Executive Director; Frank Usher, Assistant City Manager; Mike Jenkins, Agency Attorney; James DeStefano, Community Development Director; George Wentz, Public Works Director; Bob Rose, Community Services Director, and Lynda Burgess, Agency Secretary. JUNE 17, 1997 PAGE 2 3 2.1 SPECIAL PRESENTATION BY TWO GUEST SPEAKERS ON THE SUBJECT OF REDEVELOPMENT Due to the absence of the Mayo", the Agency Members and City Council concurred to continue these presentations and Old Business matters 3.1 through 3.6 to July 1, 1997 at the beginning of the meeting. OLD BUSINESS: (ITEMS 3.1 THROUGH 3.6 ARE CONTINUED FROM UNE 10, 1997) 3.1 RESOLUTION NO, R -97 -XX: A RESOLUTION OF THE DIAMOND REDEVELOPMENT AGENCY RECOMMENDING APPROVAL BY THE COUNCIL OF THE CITY OF DIAMOND BAR OF THE EXCLUSIOI CERTAIN PROPERTY FROM THE PROPOSED DIAMOND ECONOMIC REVITALIZATION AREA - Continued to July 1, 1997. 3.2 BAR CITY J OF BAR RESOLUTION NO. 97 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE EXCLUSION OF CERTAIN PROPERTY FROM THE PROPOSED DIAMOND BAR ECONOMIC REVITALIZATION AREA - Continued to July 1, 1997. 3.3 RESOLUTION NO. 97 -XX: A RESOLUTION OF THE CITY COUNC L OF THE CITY OF DIAMOND BAR ADOPTING WRITTEN FINDIN S IN RESPONSE TO ORAL AND WRITTEN OBJECTIONS, COMMUNICATIONS AND SUGGESTIONS IN CONNECTION WITH THE PROPOSED REDEVELOPMENT PLAN FOR THE DIAMOND BAR ECONOMIC REVITALIZATION AREA OF THE DIAMOND BAR REDEVELOPMENT AGENCY - Continued to July 1, 1997. 3.4 RESOLUTION NO. R -97 -XX: A RESOLUTION OF THE DIAMOND BAR REDEVELOPMENT AGENCY CERTIFYING THE FINAL ENVIRONME TAL IMPACT REPORT FOR THE DIAMOND BAR ECON MIC REVITALIZATION AREA; ADOPTING THE MITIGATION MONITORING PROGRAM; ADOPTING THE FINDINGS AND FACTS IN SUPPORT OF FINDINGS AS REQUIRED BY THE CALIFORNIA ENVIRONMENITAL QUALITY ACT, ADOPTING A STATEMENT OF OVERRIDING CONSIDERATION AND APPROVING THE REDEVELOPMENT PLAN - Continued to July 1, 1997. 3.5 RESOLUTION NO. 97 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE DIAMOND BAR ECONOMIC REVITALIZATION AREA; ADOPTING THE MITIGATION MONITORING PROGRAM; ADOPTING THE FINDINGS AND FACTS IN SUPPO T OF FINDINGS AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPTING A STATEMENT OF OVERR DING CONSIDERATIONS, APPROVING THE REDEVELOPMENT PLAN AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH - Con inued to July 1, 1997. JUNE 17, 1997 PAGE 3 3.6 FIRST READING OF ORDINANCE NO. XX (1997): AN ORDINANC THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFOF APPROVING AND ADOPTING THE REDEVELOPMENT PLAN FOR DIAMOND BAR ECONOMIC REVITALIZATION AREA - Continued tc 1, 1997. ADJOURNMENT TO REGULAR CITY COUNCIL MEETING - 7:32 p.m. 8. OLD BUSINESS: OF ;NIA, THE July 8.1 REQUEST TO REVIEW THE DECISION OF THE PLANNING COMMIS ION TO APPROVE A PROPOSED WIRELESS TELECOMMUNICAT ONS FACILITY AT 24401 DARRIN DRIVE (CUP 96-10 AND DR 9E-9) - CM/Belanger reported that the applicant requested that this itein be continued to July 1, 1997. CANerner requested that this item be moved to the beginning of the July 1, 1997 Meeting agenda to be discussed immediately after reconvenin Jeff McHaddad, representing PacBell Mobile, indicated his employer \j ould prefer the matter be continued to July 1, 1997 rather than July 15, 19P7. C/Ansari moved, C/Werner seconded, to continue Agenda Item No.�.1 to July 1, 1997. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Harmony, Werner, MPI/ Herrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - M/Huff 8.2 ORDINANCE XX (1997): AN ORDINANCE OF THE CITY OF DIA OND BAR ESTABLISHING A MORATORIUM ON LAND USE ENTITLEMENT FOR WIRELESS COMMUNICATION FACILITIES AND DECLARING THE URGENCY THEREOF. C/Ansari moved, C/Werner seconded, to co tinue the matter to July 1, 1997. Motion carried by the following Roll Call ote: AYES: COUNCIL MEMBERS - Ansari, Harmony, Werner, MP 1 Herrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - M/Huff 4. PUBLIC COMMENTS: Jerry Hamilton objected to the City Council's behavior during the June 10, 1997 City Council meeting. Martha Bruske stated that four City Council Members constitute a quorum. Barbara Beach-Courchesne believed the Brown Act mandates that the publi� may speak on any item not on the agenda. She indicated she was not notified b mail JUNE 17, 1997 PAGE 4 regarding the May 20, 1997 public hearing and requested a listing of all pe notified by mail. Clyde Hennessee felt Council is reverting to past behavior patterns. He alsof�It the public should be able to voice their feelings. Jerry Hamilton, regarding Item 6.7, asked Council to do away with conti amounts on City contracts. Martha Bruske, in regard to Item 6.8, stated that the City should have a poli y for supervisorial review of cellular telephone bills and who and under what circumstances staff can make' judgement calls" about financial matters. Regarding Item 6.12, the Diversified Paratransit contract increase, she asked if Prop A funds could be used for transportation and bus stop maintenance. Don Schad reiterated that his 40 redevelopment questions had not been ans ered. Regarding Item 6.9, he recommended that Council add to the contract fora inual removal for the next six years of the Mediterranean Thistle from the City's freE ways and on -ramps, and parks and recreation areas. He said the thistle is harrrful to domestic and wildlife, and the thorns are painful to children. He also asked th t the City consider adding Mediterranean Thistle removal to the CalTrans agreemnt for rehabilitation of the area between Brea Canyon Rd. and Grand Ave. Barbara Beach-Courchesne stated that she objected to any more funds Bing loaned to the Redevelopment Agency and expressed confusion about the $4 ,000 expenditure requested in Item 6.13. 5. SCHEDULE OF FUTURE EVENTS: 5.1 PLANNING COMMISSION - June 24, 1997 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.2 PARKS MASTER PLAN - June 24, 1997 - 7:00 - 9:00 p.m., Heritage Park, 2900 S. Brea Canyon Rd. 5.3 CONCERTS IN THE PARK - "Film at Eleven" Classic 60's & 70's - Juile 25, 1997 - 6:30 p.m_ to 8:00 p.m. - Sycamore Canyon Park, 22930 E. Golden Springs Rd. 5.4 PARKS & RECREATION COMMISSION -June 26, 1997 - 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. 5.5 CITY COUNCIL MEETING - July 1, 1997 - 6:30 p.m. AQMD Auditorium, 21865 E. Copley Dr. 6. CONSENT CALENDAR: C/Werner moved, C/Ansari seconded to aprove the Consent Calendar with the exception of Items 6.5, 6.7, 6.8, 6.9, 6.10 an 6.13. Motion was carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Harmony, Werner, MPT/He NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - MIHuff JUNE 17, 1997 PAGE 5 6.1 APPROVED MINUTES - Regular Meeting of May 20, 1997 - As submitted. 6.2 RECEIVED & FILED PARKS & RECREATION COMMISSION MIN Regular Meeting of April 24, 1997, 6.3 APPROVED VOUCHER REGISTER - dated June 17, 1997, in the mount of $281,291.99. 6.4 ADOPTED RESOLUTION NO. 97-39: RESOLUTION GRAN ING CONSENT JURISDICTION TO THE COUNTY OF LOS ANGELES IN THE MATTER OF COUNTY LIGHTING MAINTENANCE DISTRICT 10006 AND COUNTY LIGHTING DISTRICT LLA -1 CITY OF DIAMOND BAR PROJECT NO. 90-83 - for street lights along 800 S. Grand Ave. 6.6 AWARDED CROSSING GUARD SERVICES CONTRACT TO INTERNATIONAL SERVICES, INC. - in an amount not to exceed $55,000 per year for three (3) consecutive school years commencing 11997-1998 with the option to renew said contract for two (2) additional school years. 6.11 INCREASED CONTRACT AMOUNT WITH RICHARDS, WATS N & GERSHON FOR CABLE TELEVISION RE -FRANCHISING SERVICES - in the amount of $210. 6.12 INCREASED CONTRACT AMOUNT WITH DIVERSIFIED PARATR NSIT INC. FOR DIAMOND BAR DIAL -A -RIDE CAB SERVICES - in an amou t not to exceed $15,000. Funding is available through Prop A -Transit F es. 6.14 APPROVED LETTER OF AGREEMENT WITH CITY OF BRE TO PROVIDE RECREATION SERVICES FOR CITY OF DIAMOND BAR FOR 1997-1998 FISCAL YEAR - with projected expenditures of $390,191 and estimated revenues of $255,570 and authorized the Mayor to sign the etter of Agreement. MATTERS WITHDRAWN FROM CONSENT CALENDAR: 6.5 APPROVED CONTRACT FOR AERIAL PHOTOGRAPHY SERVICES - Moved by C/Ansari, seconded by C/Werner to award a contract to Airborne Services, Inc. in the amount of $14,525. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Harmony, Werner, MPT/ Herrera NOES: COUNCIL MEMBERS - None NONE: COUNCIL MEMBERS - M/Huff 6.7 (A) AWARDED CONTRACT FOR 1996-1997 SLURRY SEAL A EA 7 PROJECT - Following discussion, C/Ansari moved, MPT/Herrera secnded, to award a contract to Roy Allen Slurry, Inc. for the 1996-1997 Slurr Seal JUNE 17, 1997 PAGE 6 Area 7 Project, in an amount not to exceed $297,175 and authori ed a contingency amount of $29,000 for project change orders, to be approv d by the City Manager, for a total authorization of $326,175. Motion carried by the following Roll Call vote: (C/Harmony expressed disapproval of the contingency amount). AYES: COUNCIL MEMBERS - Ansari, Harmony, Werner, M Herrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - M/Huff 6.8 APPROVED PURCHASE OF FINANCIAL MANAGEMENT SYST M - Following discussion, C/Werner moved, C/Ansari seconded, to enter nto a contract with Pentamation Government Systems for purchase of a Financial Management System in the amount of $125,042. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Werner, MPT/Herrera NOES: COUNCIL MEMBERS - Harmony ABSENT: COUNCIL MEMBERS -M/Huff 6.9 APPROVED AGREEMENT BETWEEN THE CITY OF DIAMOND BAF AND THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE ENVIRONMENTAL ENHANCEMENT PROGRAM - Foll wing discussion, MPT/Herrera moved, ClWerner seconded, to enter into an agreement with CalTrans for administration of the Environmental Enhancement & Mitigation Program. Motion carried by the following Ro 1 Call vote: AYES: COUNCIL MEMBERS - Ansari, Harmony, Werner, MP 1 Herrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - M/Huff 6.10 APPROVED BREA CANYON ROAD AND PATHFINDER ROAD STREET REHABILITATION PROJECT - Following discussion, MPT/Herrera moved, C/Ansari seconded, to award a contract to Cal Mat Co. and direct staff to prepare a contingency analysis report at its earliest convenience. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Harmony, Werner, MP--/ Herrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - M/Huff 6.13 ADOPTED RESOLUTION NO. 97-40: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING ADVANCE: AND REIMBURSEMENT AGREEMENT NUMBER 4 WITH THE DIAMOND BAR JUNE 17, 1997 PAGE 7 REDEVELOPMENT AGENCY - Following discussion, C/Ansari m C/Werner seconded, to adopt Resolution No. 97-40 approving Advanc Reimbursement Agreement No. 4 with the D.B. Redevelopment Agei the amount of $48,000. Motion carried by the following Roll Call vote AYES: COUNCIL MEMBERS - Ansari, Werner, MPTIHerrera NOES: COUNCIL MEMBERS - Harmony ABSENT: COUNCIL MEMBERS - MIHuff 7. PUBLIC HEARINGS: ted, and :v in 7.1 (A) RESOLUTION NO. 97-41: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR LEVYING AN ASSESSMENT ON CITY OF DIAMOND BAR ASSESSMENT DISTRICT NO. 38 FOR THE FISCAL YEAR 1997-1998. MPT/Herrera opened the Public Hearing. There being no public testimony offered, MPT/Herrera closed the �ublic Hearing. C/Ansari moved, CANerner seconded, to adopt Resolution No. 97-41 o set the assessment for FY 97-98 for Landscaping Assessment District N . 38. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Harmony, Werner, MP 1 Herrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - MIHuff (B) RESOLUTION NO. 97-42: A RESOLUTION OF THE CITY CO NCIL OF THE CITY OF DIAMOND BAR LEVYING AN ASSESSMENT ON CITY OF DIAMOND BAR ASSESSMENT DISTRICT NO. 39 FOR THE FISCAL YEAR 1997-1998. MPT/Herrera opened the Public Hearing. There being no public testimony offered, MPT/Herrera closed the r ublic Hearing. C/Ansari moved, CA(Verner seconded, to adopt Resolution No. 97-42 to set the assessment for FY 97-98 for Landscaping Assessment Districto. 39. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Harmony, Werner, M Herrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - MIHuff JUNE 17, 1997 PAGE 8 (C) RESOLUTION NO. 97-43: A RESOLUTION OF THE CITY COU CIL OF THE CITY OF DIAMOND BAR LEVYING AN ASSESSMENT ON 7,ITY OF DIAMOND BAR ASSESSMENT DISTRICT NO. 41 FOR THE FISCAL YEAR 1997-1998. MPT/Herrera opened the Public Hearing. There being no public testimony offered, MPT/Herrera closed the I ublic Hearing. C/Ansari moved, C/Werner seconded, to adopt Resolution No. 97-43 to set the assessment for FY 97-98 for Landscaping Assessment District N. 41. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Harmony, Werner, Herrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - MIHuff C/Werner requested that the record reflect that the City received no�erbal or written objections to the above-mentioned landscape district assess ents. 8. OLD BUSINESS (Cont'd) 8.3 RESOLUTION NO. 97-44: A RESOLUTION OF THE CITY COUNC L OF THE CITY OF DIAMOND BAR APPROVING AND ADOPTING A BUDGET FOR THE CITY OF DIAMOND BAR FOR THE FISCAL EAR COMMENCING JULY 1, 1997 AND ENDING JUNE 30, 1998 INCLUDING MAINTENANCE AND OPERATIONS, SPECIAL FUNDS AND CA ITAL IMPROVEMENTS AND APPROPRIATING FUNDS FOR ACCOUNTS, DEPARTMENTS, DIVISIONS, OBJECTS AND PURPOSES THEREIN SET FORTH. Brent Shields, Sir Speedy Printing, representing the Chamber of Commerce, felt that the Chamber and the City should work together for the good of the City and its businesses. Orion Pagan expressed concern regarding empty businesses in the Ci y and urged Council to consider assisting the Chamber of Commerce by pro iiding $36,000 in funding. Gordon Dill, Chamber of Commerce Executive Director, explainEd the Chamber program and budget packets recently forwarded to C unci) members. He explained the Chamber's request for funds, new programming proposed for FY 97-98 and its position on ballot issues. Art O'Daly reminded Council that the Chamber is seeking a contr ct for services and not a subsidy. JUNE 17, 1997 PAGE 9 Martha Bruske believed the Chamber of Commerce contract for se ices should be a separate Council agenda item open to discussion. With respect to the budget, she asked if the City had conducted a survey to deterrr ine if the residents are satisfied with the City's contract services. She felt th City should be a proactive community. Further, she was dissatisfied witl the Sheriff Dept.'s services and complained that she had not been contacted about her budget concerns with respect to the Sheriff and the Volunteer Patrol. Sgt. Mark St. Amant advised that the City of Walnut requested full tim use of the "290 -Boy" Sheriffs vehicle. Following discussion, C/Ansari moved, C/Werner seconded, to adopt Resolution No. 97-44 approving and adopting a Budget for the City for FY 97- 98 and continuing the discussion regarding the Chamber of Commerce, the "290 -Boy" Sheriffs vehicle budget and reorganization items to July 1, 1997. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Harmony, Werner, MP /Huff NOES: COUNCIL MEMBERS - None ABSENT- COUNCIL MEMBERS - M/Huff 8.4 RESOLUTION NO. 97-45: A RESOLUTION OF THE CITY COUNC L OF THE CITY OF DIAMOND BAR, COUNTY OF LOS ANGELES, STA -1E OF CALIFORNIA, SETTING THE APPROPRIATIONS LIMIT FOR FI CAL YEAR 1997-1998 FOR THE CITY OF DIAMOND BAR IN ACCORDANCE WITH THE PROVISIONS OF DIVISION 9 OF TITLE 1 OF THE GOVERNMENT CODE - C/Werner moved, C/Ansari seconded, to approve use of the County population percentage change for use in calculating t e FY 97-98 Appropriations Limit; approve use of the California Per Capita Income percentage change in calculating FY 97-98 Appropriations Limit; and adopt Resolution No. 97-45 establishing the FY 97-98 Appropriations Li it at $15,608,665. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Harmony, Werner, MPT/ Herrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - M/Huff 8.5 RESOLUTION NO. 97 -XX: A RESOLUTION OF THE CITY COUNC IL OF THE CITY OF DIAMOND BAR, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ADOPTING THE STATEMENT OF INVESTMENT PO ICY - Continued to July 1, 1997. 9. NEW BUSINESS: JUNE 17, 1997 PAGE 10 9.1 ADOPTED RESOLUTIONS PERTAINING TO GENERAL MUNICIPAL ELECTION TO BE HELD NOVEMBER 4, 1997 - (A) RESOLUTION NO. 97-46: A RESOLUTION OF THE CITY COU CIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTIO q TO BE HELD ON TUESDAY, NOVEMBER 4, 1997, FOR THE ELECTIO q OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES. (B) RESOLUTION NO. 97-47: A RESOLUTION OF THE CITY COL NCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 4, 1997, WITH THE SCHOOL ELECTION TO BE HEL ON THE DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE. (C) RESOLUTION NO. 97-48: A RESOLUTION OF THE CITY CO NCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, ADO TING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTA NING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS IT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 1997. C/Werner moved, C/Ansari seconded, to adopt Resolution Nos. 97-46,�7-47 and 97-48. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS -Ansari, Harmony, Werner, M Herrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - M/Huff ADJOURN TO REDEVELOPMENT AGENCY MEETING - 10:25 p.m. RECONVENE CITY COUNCIL MEETING - MPT/Herrera reconvened the City Meeting 10:35 p.m. ncil 10_ COUNCIL SUB -COMMITTEE REPORTS: C/Ansari reported on her atte ante at the Waste 2000 conference last Friday which is promoting a 50% source reduction_ She indicated the NPDES water drainage and storm runoff conference will be held to explain the permitting process. She and MPT/Herre and C/Harmony attended the installation ceremonies for Laura Lee, incoming Pr sident of the Chinese Community. She thanked John Chung, outgoing President. 11. COUNCIL COMMENTS: C/Harmony recommended that the q of redevelopment be placed on the ballot. JUNE 17, 1997 PAGE 11 12. ANNOUNCEMENTS: None 13. ADJOURNMENT: There being no further business to MPT/Herrera adjourned the meeting at 10:39 p.m. LYNDA BURGESS, City Clerk ATTEST: Mayor Pro Tem MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION MAY 27, 1997 CALL TO ORDER: Chairman Ruzicka called the meeting to order at 7:10 p.m. It the South Coast Air Quality Management Auditorium, 21865 East opley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Community Devel pment Director DeStefano. ROLL CALL: Present: Chairman Ruzicka, Vice Chairman Schad and Commissioners, Fong, Goldenberg and McM nus. Also Present: Community Development Director James DeStefano, Senior Planner Catherine Johnson, Assistant Planner Ann Lungu, Assistant City Attorney Robin Harris and Consultant Felise Acosta. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: Clyde Hennessey said the Planning Commissioners did the right thing by voting the way they did during the last meeting. CONSENT CALENDAR: 1. Minutes of May 13, 1997. C/McManus made a motion, seconded by C/Fong, to approvo the minutes of May 13, 1997 as presented. The motion was app oved 5-0. OLD BUSINESS - None NEW BUSINESS: 1. Review of Fiscal Year 97-98 Capital ImprovementPr gram (CIP) for conformity with the General Plan pursues t to Section 65401 of the Government Code. AstP/Lungu presented the staff report. C/Goldenberg asked if the 1995/1996 projects included in the list have been funded or are to be funded in 1997/1998. CDD/DeStefano responded that some projects are ully funded but not yet completed, several are multi year projects and carried forward. All projects liste are funded. HAY 27, 1997 Page 2 PLANNING COMMIISSION C/Goldenberg asked if the current 1997/1998 Fisca Year budget totals include dollars for funded projects CDD/DeStefano responded that the budget follows prjects carried forward from prior years. C/Fong asked if projects can be added to the list CDD/DeStefano responded that projects have been developed by the Public Works and Community Services staff, The Commission may comment on the list and suggest projects for the Council's consideration. C/Fong suggested the following items be considered for addition to the CIP list: Seepage problems or Cold Springs Lane between Diamond Bar Boulevard and Arby Lane and replacement of deteriorating wrought iron fencing along Diamond Bar Boulevard between Brea Canyon Road and Cold Springs Lane. CDD/DeStefano responded that with respect to the vrought iron fencing, an issue previously raised by C/Golds berg, that the walls reside on private property and therefore cannot be included in the City's CIP inventory. Th City is researching a means by which it can assure the all's proper maintenance throughout the community. CDD/DeStefano suggested that if the Commission wishes to do so, it may recommend that the City Council appropriate funds within the proposed Capital Improvement Project budget for a seepage study in the Cold Springs Lane area. C/Goldenberg asked for ownership clarification ofItem Item No. 26, Park 'N Ride. II CDD/DeStefano responded that the property is own d by CalTrans. Diamond Bar is participating in the construction effort through the use of funding pr vided to the City. VC/Schad moved, C/McManus seconded to approve the Resolution finding General Plan conformity of the Fiscal Year 1997/98 Capital Improvement Program. The moti n was carried with the following roll call vote: AYES: COMMISSIONERS: VC/Schad, McManus, Fong, Chair/Ruzicka NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: Goldenberg ABSENT: COMMISSIONERS: None 2. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR MODIFYING THE PRELIMINARY REDEVELOPMENT PLAN MAY 27, 1997 Page 3 PLANNING COMMJBSION TO AMEND THE BOUNDARIES OF THE PROJECT AREA TO E CLUDE CERTAIN PROPERTY FROM THE PROPOSED DIAMOND BAR EC NOMIC REVITALIZATION AREA. CDD/DeStefano presented the staff report. C/Fong requested explanation of the basis for recommending deletion of area from the SunCal property. ACA/Hall responded that legal counsel referred with the consultants and staff for the Redevelopment Agency. Although the properties were originally included n the project area, it was determined that inclusion wo ld no longer be necessary to further the purposes of the Redevelopment Plan. Redevelopment Law illows improvements to be made to parks that benefit the project area. It is not required to keep the parks inside the project area in order to complete park improvements. C/McManus asked if Grand Avenue going up to Summit Ridge Park is proposed to be excluded. CDD/DeStefano responded that the only portion of Grand Avenue east of Diamond Bar Boulevard excluded is the portion immediately adjacent to commercial area to Cleghorn Drive. VC/Schad asked if pocket parks are included in the project area. CDD/DeStefano responded that the pocket parks have never been included in the project area. VC/Schad asked if Pantera Park will be included. CDD/DeStefano responded that Pantera Park will nt be included. C/Goldenberg asked for verification that with the modifications made to the revitalization area, thera are only two residential homes contained in the project area. CDD/DeStefano confirmed C/Goldenberg's statement that only two homes located in non-residential zone are included in the project area. C/Fong asked how the Redevelopment Plan would be eff if the recommended properties were not excluded. Felise Acosta responded that project area evaluation indicates that the SunCal area recommended for exclusion did not meet the criteria for redevelopment. S aff, consultants and legal counsel feel the parks do not need MAY 27, 1997 Page 4 PLANNING COMMISSION to be included because findings can be made to provide for necessary improvements for redevelopment to enhance the community and enhance the project area without inclusion. Inclusion of the park properties could be misconstrued by the community. Ms. Acosta confirmed to C/Goldenberg that if, in the future the SunCal property is developed, the property would generate tax increment that would flow to the Redevelopment Agency. By deleting the property from the Project Area, revenues will not flow to the Redevelopment Agency because it is not included in the project. C/Goldenberg asked if all properties within the City would contribute to the Redevelopment Agency if the agency becomes a reality. Ms. Acosta responded to C/Goldenberg that only properties included within the boundaries of the project area would be able to generate tax increment revenue that would be allocated to the Redevelopment Agency. Tax increment from properties outside the project area continue to flow to taxing agencies as they have in the past. The financing base for the revitalization efforts is limited to the tax increment or increase in value, an the resulting revenue from the increase in value from properties within the project boundaries that. are allocated to the Redevelopment Agency. C/McManus asked if on the other hand redevelopment funds can flow only to those projects within the redevelpment area. Ms. Acosta confirmed C/McManus' statement with the exception of public improvements and public projects that are identified on the projects list. She stated her understanding that only businesses within the redevelopment area are eligible for redevelopment funds. ACA/Hall confirmed Ms. Acosta's statements. Public projects may be located inside or outside of a poject area if they are of benefit to the project area. VC/Schad asked if the upper portion of Sycamore Canyon could fall under redevelopment and if funds could used to extend the lower Sycamore Canyon trail under Diamond Bar Boulevard and into the upper areas of the Canyon. CDD/DeStefano stated the SunCal property is identified on Exhibit A map. The area contemplated for deletion from the project area is the SunCal property. The upper portion of the canyon is owned by SunCal and is part of SunCal's proposal to provide that acreage to the City in MAY 27, 3997 Page 5 PLANNING COMMJSSION accordance with the adopted General Plan. The developer is proposing to build 130 homes on the ridgeline and that the balance of approximately 300 acres is to be given to the City of Diamond Bar for open space. He indicated that it is highly unlikely that redevelopment funds would be used for trail development. C/Goldenberg asked how the Arciero project differs from the SunCal property since they are both contemplated to be gated communities. CDD/DeStefano indicated the Arciero property and the school property have severe geotechnical problems In addition, school access, improvements to Brea Canyo Road and other such activities are contemplated. These properties appear to require redevelopment to insure successful development. Chair/Ruzicka asked for public testimony. There was no one present who wished to speak on this item. C/Goldenberg stated his concerns regarding the rationale for eliminating the SunCal property and, at the same time, including the Arciero and school property. He is concerned that the Redevelopment Agency will lose sufficient tax increment dollars by eliminating the SunCal property. He stated he is not clear about the reasons for eliminating the SunCal property and no the Arciero and school property, and that Redevelo ment monies will be spent correcting land slippage. He said it seems feasible that either both properties are eliminated or that both properties are left i the project area. Ms. Acosta responded that the recommendation before the Planning Commission stems from the requirements for Redevelopment Law. For example, documenting reasons for inclusion of individual properties within the project area boundaries. The recommendation to delete the SimCal property is based upon the fact that the consultanti and staff initially believed the property could be inc uded for "effective redevelopment", as opposed to having specific characteristics of blighting, now believe that there is a much weaker case for inclusion than F-xcli sion of the property. As a result, inclusion of the SidnCal property may weaken the entire project area. With respect to the Arciero property, it was determined that because of the geotechnical problems the property should be included. There is no relationship between the inclusion of this property and anticipated expendit a of redevelopment funds. Even though these problems are MAY 27, 1997 Page 5 PLANNING COMMISSION identified, redevelopment does have the potent al to address the site's problems. That does not mean, however, that the Redevelopment Agency is required to, or will, expend redevelopment dollars to cure or to improve that particular piece of land. C/Goldenberg asked for legal opinion as to w y the Redevelopment Agency would include one tract and n t the other tract. He suggested the Commission continua this item to June 12 for further consideration of the acts. VC/Schad asked if redevelopment funds could be u ed to acquire the Arciero property as part of an open space Sandstone Canyon park. He suggested that the slift area west of South Point Middle School be used by the City as a research and development area for replanting of vegetation. CDD/DeStefano stated that the City Council and Agency Board specifically requested the Planning Commiss on to consider the six areas contemplated for deletion fr m the revitalization project area. Discussion regardi g any other portion of the proposed Redevelopment Plan may be useful but somewhat out of context with the charge efore the Commission. Consultants and legal staff beli ve it appropriate to delete the SunCal property fron the proposed project area and that it has character stics that are uniquely different than the larger lan mass that surrounds and includes the Arciero project and properties. The SunCal property is an isolated piece which was contemplated to complete the circulation system for the area. The South Point Middle School/ ciero property has geotechnical, drainage, landslide, and flood control problems. The opportunity exists to implement the General Plan in that area that specifically discusses the opportunity for the school district property to be used as an open space park resource for the development of Larkstone Park. Within the Redevelopment Plan which the Planning Commission has recommended for appro al, a public improvements program is included which su gests signalization, streetscape improvement, and completion of Larkstone Park in the area. VC/Schad moved, Chair/Ruzicka seconded, to adopt a Resolution modifying the preliminary Redevelopment Plan amending the boundaries of the Project Area excluding certain property from the proposed Diamond Bar Economic Revitalization Area. C/Goldenberg reiterated his request for written legal opinion relating to the propriety or impropriety of retaining or excluding the SunCal property and the MAY 27, 1997 Page 7 PLANNING CONXiSSION Arciero property. He said he is not prepared to v to on the matter at this time. CDD/DeStefano stated the inclusion or exclusion of the Arciero and SunCal properties are matters for consideration by the City Council and not the P1 nning Commission. ACA/Hall concurred with staff's recommendation to adopt the Resolution and that the matter was brought t3 the Planning Commission at the request of the Redevelopment Agency and the City Council. The matter will be returned to the City Council to determine that the boundaries of the Project Area are appropriate and that the condi ions of redevelopment have been met. Addressing C/Goldenberg's concerns, ACA/Hall outlined the requirements for inclusion of properties ander Redevelopment Law. Ms. Acosta responded to C/Goldenberg that the Agenc was not able to demonstrate that the SunCal pr rt has depreciated in value. ACA/Hall explained to VC/Schad that with respect to the Arciero property, Redevelopment Law includes as a condition of blight, factors that prevent or substantially hinder the economically viable use of the property. CDD/DeStefano responding to C/Fong again spoke abou� Arciero property. He indicated that Arciero has difficulty receiving the required permits from Angeles County because the County wants assurance the drainage problems will not impact the balance o: property. In essence, the County is asking the deve to mitigate problems that it did not mitigate durinc 30 or 40 years of development in the area prior tc City's incorporation. These circumstances are unigi the City and that is why the property has been inc: in the project area. Chair/Ruzicka called for the question. The motior carried with the following roll call vote: AYES: COMMISSIONERS: V C /Schad , F o Chair/Ruzicka NOES: COMMISSIONERS: Goldenberg ABSTAIN: COMMISSIONERS: McManus ABSENT: COMMISSIONERS: None PUBLIC HEARING - None the had Los that the Loper r the ► the to to .uded was ng, MAY 27, 1997 Page 8 PLANNING COMMISSION PLANNING COMMISSION ITEMS: 1. List of Planning Commission Projects for Fiscal Year 1997-1998 - Received and Filed. INFORMATIONAL ITEMS: C/McManus referenced Mr. Hennessey's public comment and stated that Mr. Hennessey would not be privy to how he might vote on issues before the Commission and that he is certain that the same holds true for the balance of the Planning Commission. SCHEDULE OF FUTURE EVENTS: CDD/DeStefano reminded the Commission that on June 3, 199 , the City Council will review the Darrin Drive cellular site Pr t and continue the discussion regarding a moratorium for wi eless telecommunications facilities. ADJOURNMENT: There being no further business to come before the Commission, VC/Schad moved, C/Fong seconded, to adjc meeting. Chair/Ruzicka adjourned the meeting at 8:45 p.m. 10, 1997. Respectfully Submitted, /s/ James DeStefano James DeStefano Community Development Dire Attest: /s/ Joe Ruzicka Joe Ruzicka Chairman Pl nning ur the to June CITY OF DIAMOND BAR MINUTES OF THE TRAFFIC AND TRANSPORTATION COMMISSION APRIL 10, 1997 CALL TO ORDER: Chair/Leonard called the meeting to order at 7:07 P.M. at South Coast Air Quality Management District Hearing Room, East Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE The audience was led in the Pledge of Allegiance by Chair/Leonard. ROLL CALL: L e 2 865 Commissioners: Chair/Leonard, Vice Chair/Virginkar, and Commissioners Istik and Nice Staff: Deputy Director of Public Works David Li, Assistant Engineer Rose Manela, Administrative Assistant Tseday Aberra, Deputy Clark. I• APPROVAL OF MINUTES A. Minutes of March 13, 1997. C/Nice moved, VC/Virginkar seconded, to apr the minutes of March 13, 1997 as presented, motion was approved 4-0 by roll call vote. II. COMMISSION COMMENTS - None III. PUBLIC COMMENTS: L; ind e Craig Clute asked that agenda items between City Council and the Traffic and Transportation Commission be coordinated in a more timely and accurate fashion. He asked if public comments made during the Traffic: and Transportation Commission meeting are included in the meeting minutes. He asked for an update on the Bra Canyon project. IV. CONSENT CALENDAR - None APRIL 10, 1997 PAGE 2 T&T COKMII SSION V. OLD BUSINESS: A. Evaluation of Heritage Tract Signing/Stripi Improvements. DDPW/Liu presented the staff report. Staff recommends that the Traffic and Transportatio Commission discuss the evaluation of Heritage Tract signing and striping improvements and forward to the City Council its recommendatio remove_ the "No Left Turn" sign at the Country Hills Towne Center Fountain Springs Road driv and remove 170 feet of red curbing and retain feet of red curbing along Fountain Springs Ro between Diamond Bar Boulevard and Crooked Cre Drive. Mario Sanchez, DKS Associates, presented the mitigation measures survey results. He state survey results indicate an eight -three percen citizen approval of Plan I mitigation measure implementation. He indicated that a majority residents do not want a "No Left Turn" sign p at the Fountain Springs Driveway of the count Hills Towne Center. DKS Associates recommend that a total of 170 feet of red curbing be re from Fountain Springs Driveway between Diamon Boulevard and Crooked Creek Drive. With resp to school traffic circulation mitigation meas he cited a lack of enforcement. Mr. Sanchez referred the Commission to the Institute of Transportation Engineer publication entitled Residential Street Design and Traffic Control the definition of cut through traffic vs. loco traffic which DKS Associates used as a guide the Heritage Neighborhood Traffic Study. He explained the method used for the license plat survey. Mr. Sanchez responded to Chair/Leonard that t] license plate surveys were conducted at the intersections of Pathfinder Road at Evergreen Springs Drive, Fountain Springs Road at Diamoi Bar Boulevard, Cold Spring Lane at Diamond Baa Boulevard, Crooked Creek Road at Diamond Bar Boulevard, Cool Springs Drive at Brea Canyon l Cold Spring Lane at Brea Canyon Road, Fountaii to way 160 I the of )sted .y loved � Bar pct .res, for 1 or e e APRIL 10, 1997 PAGE 3 T&T COMM16BI014 Springs Road at Brea Canyon Road, and Founta Springs Road at Diamond Bar Boulevard. C/Istik, commenting on the recommendation to remove additional red curbing along Fountain Springs Road, stated Dr. Cho's building at th corner of Diamond Bar Boulevard and Fountain Springs Road does not provide sufficient park'ng for the tenants. As a result, the recommendation is to move red curbing that was installed to address site and safety concerns. He stated his concerns regarding the City's potential liability in the event the red curbing is removed to accommodate a land use deficiency. Leo Lee, DKS Associates, stated that the reason for reconsideration of removing additional re curbing from the westerly side of Fountain Springs Drive north of Diamond Bar Boulevard was due 40 the reduction of right turn traffic anticipated at the Country Hills Towne Center exit because o4 the City Council's action to remove the "No Lefturn" sign. Mr. Sanchez commented that removal of the additional red curbing on Fountain Springs R will allow for parking of an additional four five vehicles. C/Istik stated he hopes the City is not init a policy of allowing commercial parking on p streets due to the fact that patrons are not provided sufficient on-site parking. DDPW/Liu responded to C/Nice that he is not a% of the specific three non compliance items involving Dr. Cho's building at the corner of Diamond Bar Boulevard and Fountain Springs Roa Potential parking deficiencies are considered enforcement issues and are addressed by the Ci Planning Department. The additional street parking is considered residential street parki and is not specifically provided for Dr. Cho's building. ting lic 's C/Nice reiterated his concern that because Dr. Cho is out of compliance with respect to parking APRIL 10, 1997 PAGE 4 T&T COMIKiSSION City is attempting to provide on -street park ng for his tenants' clients. He indicated he m y have voted differently with respect to remov 1 of red curbing on the south side of Fountain Sp ings Drive between Rising Star Drive and Crooked reek Drive if he had been aware of the use permit violations. Chair/Leonard opened public testimony. Sherry Liebe, W/NA Dance Studio, said she doe believe she is in violation of her lease agreement. She reminded the Commission that addition to conducting a private studio, she offers classes through the City of Diamond Ba The installation of the red curbing has cause to stop offering Mommie and Me Dance Classes through the City because the parking is inade and the younger children must have on-site ad supervision. She indicated she and her stude now must park on Rising Star Drive and walk a Fountain Springs Drive which she believes is hazardous than parking on the westerly side o Fountain Springs Drive. She feels that she i being penalized for having a successful busin If she maintains a maximum eight students per class she will be forced to close her busine& She asked the Commission to consider a comproi in order to accommodate overflow parking. Dr. John Fonmin, 2707 S. Diamond Bar Boulevar( asked the Commission to remove the red curbinc the west side of Fountain Springs Drive betwei Diamond Bar Boulevard and the Country Hills Ts Center driveway to assist his clients in react his office. Dr. Cho, 21842 Tenderfoot Way, said he suffer: monetary loss on his building rentals because the inadequate parking. His building was permitted before Diamond Bar was a City. He indicated visitors to the adjacent residentia: community use his building's parking lot and removal of the red curbing will give not only building additional parking availability, it also accommodate the adjacent residential neighborhood. He asked the Commission to cone S not in r. d her :nate Lilt ,its gross nore E ass. wise on �n �wne ing a of his ill ider APRIL 10, 1997 PAGE 5 T&T CONXIbSION a compromise for the benefit of the residential and business community. Roger Meyer, 2634 Crooked Creek Drive, said h lived in the neighborhood for many years and not aware of any parking problem prior to the installation of the red curbing and the "No L Turn" sign at the Country Hills Towne Center driveway on Fountain Springs Drive. He indic that the residents do not want the "No Left T sign and the red curbing. Earl Cox, 3051 Crooked Creek Drive, indicated stop signs have mitigated the speeding traffi his neighborhood. He said he believes the Tr and Transportation Commission owes it to the citizens of Diamond Bar to determine if the purpose of Fountain Springs Road is to accomm commercial traffic. The traffic study was requested in order to reduce the number of vehicles that travel on Fountain Springs Road According to the traffic survey results, traf has not decreased on Fountain Springs Road. suggested the dance studio could move into a vacant space in the Country Hills Towne Cente where adequate parking exists. He favors the curbing on Fountain Springs Road. Craig Clute, 21217 Fountain Springs Road, sail that on the basis of the original study, the curbing should not be removed until Dr. Cho's building complies with building parking requirements. He asked that DKS Associates correct the report's reference to the street classification for Fountain Springs Road from Residential Collector to Residential in accor( with the City's General Plan. He questioned 1 effectiveness of the Heritage Tract Traffic S1 Phase I mitigation measures. He stated the 9 Left Turn" sign was not in place long enough 1 determine whether it was an effective mitigat: measure. He asked why Fountain Springs Road : expected to accommodate 10,000 vehicles from 1 Country Hills Towne Center. He said his understanding of the matter is that the shopp: center traffic is suppose to exit onto Diamonc Boulevard and travel via Pathfinder Road and has Fas :ft .ted .rn" the in ffic date is e red ed uay 0 0 on s he ng Bar APRIL 10, 1997 PAGE 6 T&T COXMJSSION Diamond Bar Boulevard. He indicated that Te Cross, Heritage tract resident said that in is absence, he echoes Mr. Clute's comments. Elizabeth Beard, 21652 Birch Hill Drive, said traffic problems on her street are a result c high school traffic. The "No Parking" signs Evergreen Springs Drive between Pathfinder Rc and Birch Hill Drive are ignored by the stude She recommended "No Stopping" signs replace t "No Parking" signs and that Birch Hill Drive the high school to Castlerock Road should be posted for one hour parking on school days. but one of the signs at Lost River Drive on t east side of Evergreen Springs Drive have bee stolen. On school days, approximately 50 stu vehicles are parked on Birch Hill Drive. She recommended that the entire length of Birch H Drive and all of Lost River Drive be posted f one hour parking from 7:00 a.m. to 3:00 p.m. Monday through Friday during the school year. stated that no business or public entity has right to turn residential streets into parkin lots. Don Tice, 21341 Fountain Springs Road, said h pleased with the Phase I mitigation measures. concurs with removing additional red curbing Fountain Springs Road as recommended by staff the consultant. He believes Diamond Bar Boul and Pathfinder Road were designed to accommod commercial and through traffic. He is concer about the designation for his street and how consultant classified traffic traveling to an exiting from the shopping center via Fountain Springs Road. Chair/Leonard closed public testimony. DDPW/Liu spoke to the resident's concerns. Hi stated the General Plan Circulation Element classifies Fountain Springs Road as a resident street (25 mph speed limit). He indicated sty is not recommending red curbing be eliminated Fountain Springs Road to accommodate Dr. Cho. Staff has determined that removal of the red curbing will not result in additional safety the f the on ad nts. he from All le n lent Lll ar She I I a is He 3n and avard ste :ial off on APRIL 10, 1997 PAGE 7 T&T COMMISSION concerns. The "No Left Turn" at the Country fills Towne Center was in place for a six week peri d. Upon installation of the sign, City Hall and ity Council Members received numerous complaints. City Council responded by instructing staff t cover the sign. Reflected in the subsequent consultant's survey, 83 percent of the respondents favor deletion of the sign. The matter of missing and vandalized signs on Birch Hill Drive is a item of discussion with Diamond Bar High School as part of the School Traffic Circulation Study. Mr. Lee stated in response to Mr. Clute that there is an incorrect reference to Fountain Springs Road as a Residential Collector in one area of the report and it will be corrected. This reference does not effect the substance of the report. C/Istik stated he believes that at the same t the City Council was considering the street speeds, they were looking at the General Plan order to allow these streets to be 25 mph, th Council dropped the Residential Collector cat to Residential to allow radar to be used for traffic enforcement. DDPW/Liu stated that there have been many v of the General Plan. The current approved contains no reference to Residential Collec C/Istik stated he feels the parking non-compl issue and the matter of eliminating a portion the red curbing on Fountain Springs Road are related. If the Traffic and Transportation Commission recommends removal of the red curb he hopes that Dr. Cho will compromise by limi the building's on street parking. He does no support removal of the red curbing. With res to the "No Left Turn" sign, he favors install" of a "porkchop" intersection to physically restrict the shopping center driveway to a "R. Turn only" ingress/egress. VC/Virginkar stated he previously recommended removing the red curbing on both sides of Fou Springs Road just north of Diamond Bar Boulev Due to safety concerns, he agreed to recommen In gory ions sion ance of ng, ing ect tion M. 'a tain APRIL 10, 1997 PAGE 8 TAT COMMJSSION removing red curbing only on the west side o Fountain Springs Road. He is pleased with t recommendation to remove additional red curb and the traffic study and implemented mitiga measures. He said, however, that since he h served on the Commission, more and more stop signs, double striping, and other restrictiv traffic measures have been initiated. Mr. Sanchez responded to VC/Virginkar that a portion of red curbing will remain immediately to the north and south of the shopping center driveway to preserve adequate site distance for exiting vehicles. VC/Virginkar stated he supports the majority residents who favor elimination of the "No L Turn" sign at the shopping center driveway. C/Nice asked if the City is establishing pre dent by removing red curbing and allowing commerci 1 parking on a residential street. DDPW/Liu reiterated that the parking situatio Dr. Cho's building is an ongoing compliance i and has no bearing on the Fountain Springs Ro red curbing issue. A re-evaluation of the tr mitigation study reveals that the issue of commercial and cut -through traffic on Fountai Springs Road has been mitigated by stop sign installations. Therefore, removal of the red curbing will not compromise the effectiveness the traffic study mitigation measures and wil effect the overall circulation pattern consis with the original intent of traffic movement and out of Fountain Springs Road. C/Nice stated that according to his survey, Fountain Springs Road residents are concerned about traffic turning left when exiting the shopping center. He asked if alternative mitigation measures could be considered to alleviate the traffic resulting from the shopl center ingress/egress on Fountain Springs Roai Mr. Lee responded to C/Nice that traffic stud, follow-up reveals Fountain Springs Road there at sue fic of not ent ging was APRIL 10, 1997 PAGE 9 T&T COMMIiSION not previously and is not currently, a signif cant amount of cut -through traffic. The street's traffic volumes are within the guidelines of residential street. C/Istik questioned DKS Associates definition cf cut -through traffic as traffic coming from Brea Canyon Road to Fountain Springs Road, in thro gh the Country Hills Town Center driveway, and t en exiting the tract in that manner up to Pathfi der. The DKS report indicated that this type of tr ffic is local traffic. He indicated he believes t at if this type of traffic was considered to becut- through traffic, the report would identify the existence of a cut -through traffic problem. He reiterated his concern that the report contai ing the error in classification of Fountain Sprin s Road be corrected by DKS Associates. Mr. Sanchez stated the Residential Collector statement is an oxymoron. DDPW/Liu responded to C/Nice that the shoppin center is not the sole generator of traffic o Fountain Springs Road. Diamond Bar High School students frequently use the street to avoid the Pathfinder Road traffic. Country Hills Towne Center was notified of tonight's meeting regaing the neighborhood traffic study. C/Nice, speaking to the issue of sign vandalis on Birch Hill Drive, asked for increased enforce nt. DDPW/Liu stated staff will replace the stolen signs and request enforcement assistance from Sheriff's Department. Responding to Chair/Leonard, DDPW/Liu indicate that in order to make restrictive changes, leg 1 authority and procedure must be invoked. Chair/Leonard stated she concurs with the majo of survey respondents who wish to have the "No Left Turn" shopping center driveway sign remov With respect to removal of the red curbing. Craig Clute reiterated his concern that the ity APRIL 10, 1997 PAGE 10 T&T COMKIISSION Commission is considering supporting Dr. Cho' non-compliance by removing red curbing on Fou Springs Road. He suggested the Commission recommend that the Planning Commission review non-compliance issue prior to taking action t remove the red curbing. He said he wants Fou Springs Road to remain residential in charact and volume. He is concerned that if the shop center reaches a leased out level of 90 perce the street traffic will reach an unbearable 1 He disagreed with the traffic study's definit of through traffic. He stated that in his opinion, the "No Left Turn" sign was not pres for a long enough period to determine whether not it was effective in eliminating cut-throu traffic on Fountain Springs Road. He also st that he disagreed with the language of the tr study survey question regarding the "No Left sign. Roger Myer reminded the Commission that Los Angeles County designated Fountain Springs Ro for a greater number of vehicles that current travel the street. A "No Left Turn" sign at shopping center driveway would necessitate th installation of a "No U -Turn" sign at Rising Drive. He indicated that as a result of sury the neighborhood residents, he determined tha there are, in fact, a greater number of Fount Springs Road residents who do not want the "N Left Turn" sign at the shopping center drivew Earl Cox disagreed with methods and definitio used in the neighborhood traffic survey. He not believe a "Right Turn Only" at the shoppi center driveway would be a legitimate alterna to the "No Left Turn" sign. He favors retent of the red curbing on the west side of Founta Springs Road north of Diamond Bar Boulevard. Mr. Lee responded to Mr. Cox that the neighbo traffic study reference to cut -through traffi local traffic is the "Residential Street Desi and Traffic Control Manual" published by the Institute of Transportation Engineers. Mr. Lee stated that a "Right Turn Only" tain the tain r ing t, vel. nt or ted ffic --If ying in Y• oes g ive on n hood and APRIL 10, 1997 PAGE 11 T&T COMMIiSION ingress/egress shopping center driveway would force vehicles to turn right onto Fountain Spzings Road, right onto Diamond Bar Boulevard and richt turn back into the neighborhood which would c eate cut -through traffic on Cold Springs Lane. Dr. Cho asked the City for its consideration f the business community as well as the residen ial community. DDPW/Liu stated he will place the compliance 'ssu regarding Dr. Cho's building on the May 8, 1997 meeting agenda as an Informational Item. DDPW/Liu responded to C/Istick and Chair/Leonard that Part II of the Neighborhood Traffic Stud improvements includes a recommendation for the right turn in/right turn out driveway configuration at the Country Hills Town Center in the event that Part I improvements are deemed to be inadequate. Staff recommended implementation -of Part I only. The Traffic and Transportation Commission recommended implementation of Part I and Part II. City Council voted to implement Par I only. VC/Virginkar moved, Chair/Leonard seconded, t concur with staff's recommendation to remove the "No Left Turn" sign at the Country Hills Towne Center driveway on Fountain Springs Road. The motion failed with the following Roll Call vote: AYES: COMMISSIONERS: VC/Virginkar, Ch ir/ Leonard NOES: COMMISSIONERS: Istik, Nice ABSENT: COMMISSIONERS: None VC/Virginkar moved, Chair/Leonard seconded, to concur with staff's recommendation to remove 170 feet of red curb and retain 160 feet red curb along Fountain Springs Road between Diamond Ba Boulevard and Crooked Creek Drive. The motion failed with the following Roll. Call vote: AYES: COMMISSIONERS: VC/Virginkar, Ch ir/ Leonard NOES: COMMISSIONERS: Istik, Nice APRIL 10, 1997 PAGE 12 T&T COXNII BION ABSENT: COMMISSIONERS: None C/Nice moved, C/Intik seconded, to remove the "No Left Turn" sign at the Country Hills Towne Ce ter driveway on Fountain Springs Road between Dia and Bar Boulevard and Crooked Creek Drive conting nt upon DKS Associates reporting back to the Tra fic and Transportation Commission with alternativs to address the traffic volumes on Fountain Sprin s Road relative to changes to the Ingress/Egres configuration at the shopping center driveway DDPW/Liu responded to Chair/Leonard that a re uest to have DKS Associates follow up with alterna ives to address traffic volumes on Fountain Spring Road relative to changes to the Ingress/Egres configuration at the shopping center driveway is not within their Scope of Work. C/Istik suggested the Commission request the City Council to implement Phase II of the plan. Chair/Leonard stated she feels it is inappropriate to implement Phase II when Phase I is mitigating the neighborhood traffic concerns address in the Neighborhood Traffic Study. The motion failed with the following Roll Cal vote: AYES: COMMISSIONERS: Nice, Istik NOES: COMMISSIONERS: VC/Virginkar, C air/ Leonard ABSENT: COMMISSIONERS: None VC/Virginkar asked that the following Neighbo7 Traffic Study items be forwarded to Foust & Associates for incorporation in the School Tri Circulation Study: Page 18, Paragraph 2, regarding no student dropoff lane on Pathfind( Road, Page 18, last paragraph, "DKS staff obs( the parents vehicles cue from the parking lot Evergreen Springs Drive causing a virtual gric when school ends in the afternoon, and Mrs. Beard's comments regarding school traffic in t neighborhood. ffic onto lock APRIL 10, 1997 PAGE 13 T&T COMMISSION DDPW/Liu indicated staff will forward its recommendation to the City Council. He state that the City Council was very clear in its direction that this item was to be discussed Dy the Traffic and Transportation Commission witi a recommendation back to the Council. The Commission concurred to continue discussion of the Neighborhood Traffic Study to the June 12 1997 Traffic and Transportation Commission agenda for discussion regarding the completeness of the study and effectiveness of the implemented mitigation measures, and to forward its findi gs and recommendations to the City Council. H. Multi -way stop sign Warrant Analysis at the intersection of Mountain Laurel Way and Pecan Grove Drive. DDPW/Liu presented the staff report. Staff recommends that the Traffic and Transportatiori Commission concur with staff's recommendation that a multi -way stop sign is not warranted on Mountain Laurel Way at Pecan Grove Drive, and to install W7A side road warning signs on Mountain Laure Way in the vicinity of Pecan Grove Drive. Chair/Leonard opened public testimony. Jeff Ross, 22724 White Fir Lane, stated he fa staff's recommendations. Robert Martin, 1508 S. Pecan Grove Drive, sai the vehicle speeding problems are caused by neighborhood residents. He does not believe stop signs should be installed and feels the warni g signs would serve no purpose. Visitors to the neighborhood abide by the law and posted speed. He recommended speed bumps be installed on Mountain Laurel Way in the vicinity of Pecan Grove Drive instead of warning signs. C/Istik responded to Mr. Martin that the City has a "No Speed Hump" policy. John Mayerski, 22756 White Fir Lane, concurre wholeheartedly with staff's recommendation not to APRIL 10, 1997 VI. PAGE 14 T&T install a multi -way stop sign on Mountain Way at Pecan Grove Drive. Dorrie Gartzke, 1525 Pecan Grove Drive (the c of Pecan Grove Drive at Mountain Laurel Drive stated she concurs with all previous comments She indicated she is unable to leave her driv for a twenty minute time periods during the morning and afternoon when school traffic and buses are present. C/Istik moved, VC/Virginkar seconded, to con with staff's recommendation that a multi -way sign is not warranted on Mountain Laurel Way Pecan Grove Drive and to install W7A, side r warning signs on Mountain Laurel Way in the vicinity of Pecan Grove Drive. The motion w approved with the following Roll Call vote: AYES: COMMISSIONERS: Istik, VC/Virgi Nice and Chair/ Leonard NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None SION el rner way top t DDPW/Liu responded to VC/Virginkar that this tem will be addressed in the School Traffic Circulation Study. NEW BUSINESS - None VII, STATUS OF PREVIOUS ACTION ITEMS: DDPW/Liu presented an update on the Brea Canyon parkway improvements. DDPW/Liu stated that on April 3, 1997, staff and consultant Joe Foust met with available school principals and Walnut Valley Unified School Distric and Pomona Unified School District staff to kickof] Diamond Bar City-wide School Safety Study requester the Traffic and Transportation Commission. All participants were informed that individual meeting: will be held with each school principals to colleci traffic conditions information (parking, pickup/dre points, circulation, etc.) along with followup meet to discuss possible cooperative mitigation measures the by ff as APRIL 10, 1997 PAGE 15 T&T COMMISSION between the City and the schools. The Walnut Sher'ff's Department will be an integral part of the entire process. School traffic conditions will be video taped. The consultant is preparing a schedule of site visits. Scheduling and study results information will be presented to the Traffic and Transportation Commission as it becomes available. Chair/Leonard suggested information packets be distributed to parents prior to community workshopl. DDPW/Liu responded that any individuals and groups may participate in the process. Mr. Foust expects to complete data collection prior to the summer break VC/Virginkar suggested public meetings be held at schools. DDPW/Liu referred the Commissioners to DPW/Wentz's memorandum regarding Sunset Crossing Road Cul-de-sac. DDPW/Liu responded to C/Istik that the Sunset Crossing Road Cul-de-sac area has been identified as a future possible park site within the City's Parks Master lan. Therefore, no additional engineering action will b taken at this time. Chair/Leonard asked that the Sunset Crossing Road de -sac be placed on the May 8, 1997 agenda. VIII. ITEMS FROM COMMISSIONERS - None IB. ITEMS FROM STAFF: A. Monthly Traffic Enforcement Update: March, 1997. Deputy Clark presented the March Traffic Enforcement Update. The March Enforcement was 26.5. B. Future Agenda Items: Included in Commissioner packets X. INFORMATIONAL ITEMS: ex APRIL 10, 1997 PAGE 15 T&T COMMIOSION SI. ADJOURNMENT: There being no further business to come before the Traffic and Transportation Commission, C/Istik mov d, C/Nice seconded, to adjourn the meeting. The moti n carried 4-0. Chair/Leonard adjourned the meeting at 11:15 p.m. to May 8, 1997. Respectfully, David G. Liu Secretary Attest: Joyce Leonard Chair CITY OF DIAMOND BAR INTEROFFICE MEMORANDUM TO: Mayor Pro Tem Herrera and Councilmember Ansari FROM: Linda G. MagnusonA� counting Manager SUBJECT: Voucher Registers, July 1, 1997 DATE: June 26, 1997 Attached are the Voucher Registers dated July 1, 1996. You will notice there are two voucher registers. This is due to the Fiscal Year ending June 30. There is a register for expenditures allocated to FY96-97 and one for FY97-98. As requested, the Finance Department is submitting the voucher registers for the Finance Committee's review and approval prior to their entry o the Consent Calendar. The checks will be produced after any recommendations and thefinal approval is received. Please review and sign the attached. CITY OF DIAMOND BAR VOUCHER REGISTER APPROVAL The attached listings of vouchers dated July 1, 1997 have been reviewed, approved, and recommended for payment. Payment are hereby allowed from the following funds in these amounts: FUND NO. FUND DESCRIPTION 001 General Fund 112 Prop A Fund -Transit 118 Air Quality Improvement Fund 125 CDBG Fund 126 COPS Fund 138 LLAD #38 Fund 250 CIP Fund 510 Self Insurance Fund TOTAL ALL FUNDS APPROVED BY: Linda G. Ma son Accounting Manager Terrence L. Belanger City Manager AMOUNT $567,897.08 14,611.79 4,204.91 4,581.00 36.00 149.90 9,030.11 167,459.00 $767,969.79 - 4a' 44v'_ Carol A. Herrera Mayor Pro Tem Eileen R. Ansari Councilmember +► City of D i a m a n d Bar RUN TIME: 11:31 06/26/97 V O U C H E R R E G I S T E R PAGE i DUE THRU.............07/01/97 VENDOR NAME VENDOR ID. 1 +* PREPAID +� + ACCOUNT PROJ.T%-NO BATCH PO.LINE/NO. ENTRY/DUE INVOICE DESCRIPTION AMOUNT DATE CHECK ---------------------------------------------------------------------------------------------------------- ----------------------- All City Management All City *001-4411-5531 6 70701A 01/4878 AmeriCamp AaeriCoW *001-4090-1200 10 70701A 07/5179 *001-4090-1200 9 70701A 06/5179 *001-4090-1200 8 70701A 05/5179 B.Chaeberlain Consulting BCharber *001-4090-4030 3 70701A 03/57% *001-4090-4030 2 70701A 0215786 Bales, Sandra 2362 +001-3478 20 70701C CEWAER CEWAER *001-4010-2330 4 70701A Carol Dennis CaralDenni +001-4210-4000 11 70701A 02/4671 *001-4040-4000 12 70701A 01/4671 +001-4210-4000 9 70701A 02/4671 Cathcart/Begin Associates Cathcart 06/25 06/30 2355 CrssgGrdSvcs-5/25-6/7 TOTAL DUE VENDOR -------- 06/25 06/30 15533 Suppls-TonerCartridges 06/25 06/30 15573 Suppls-TonerCartridges 06/25 06/30 15591 Suppls-TonerCartridges TOTAL DUE VENDOR -------- 06125 06/30 9503226 "tr5etUp-614,5,6 06125 06/30 9503232 "trSetUp-6/9,12 TOTAL DUE VENDOR -------- 06/25 06/30 21167 Recreation Refund TOTAL DUE VENDOR -------- 06/25 06/30 Receptn-LeagueConf-Ansari TOTAL PREPAID AMOUNT ---- TOTAL DUE VENDOR -------- 06/25 06/30 ADR9705 06/25 06/30 OBCC9707 06/25 06/30 PC9707 +250-4310-6415 10997 31 70701C 02/4907 06/26 06/30 1191 *250-4310-6415 02497 35 70701C 01/4907 06126 06/30 1191 *250-4310-6415 10997 33 70701C 02/4907 06/26 06/30 1235 *250-4310-6415 02497 34 70701C 01/4907 06126 06/30 1235 Charles Abbott t Asc Inc CharlesAbb *001-4510-5502 6 70701C 01/5750 06/25 06/30 049-224 *401-4510-5502 4 70701A 01/4538 06/25 06/30 049212 *001-4510-5506 6 70701A 01/5931 06/25 06/30 049212 *001-4510-5522 4 70701A 01/4540 06/25 06/30 049212 MntSctryADR-5/13,27-6/10 MntSecrtry-M5/20-6/3,10 MntSctryPing-5/13,27-6/10 TOTAL DUE VENDOR --------} Irrigatn/Specs-Peterson PetersonPrkLightg Irrigtn/Specs-Peterson PetersonPrkLightg TOTAL PREPA10 AMOUNT ---- TOTAL DUE VENDOR -------- 2,817.92 2,817.92 132.99 68.14 73.56 274.69 425.00 340.00 765.00 38.00 38.00 15.00 I5.00 0.00 140.00 560.00 360.00 1,060.00 7,495.50 171.36 458.25 500.00 8,625.11 0.00 Road Maint-SnstCrsg-May 35,000.00 RaadMaint-May 19,508.50 Markg/SigningMaint-May 4,122.02 RightofWayMaint-May 4,625.00 TOTAL DUE VENDOR --------} 63,255.52 0000034442 0004034437 0400034437 0000034437 0040034437 * * * City of Diamond Bar * * * RUN TINE: 11:31 06/26/97 V O U C H E R R E G I S T E R PAGE 2 DUE THRU.............07/01/97 VENDOR NAME VSM ID. PREPAID + ACCOUNT PROJ.TX-NO BATCH PO.LINE/NO. ENTRY/DUE INVOICE DESCRIPTION AMOUNT DATE CHECK Cintas Corporation Cintas *001-4310-2130 14 70701A 01/4630 Community Industries CDsmindust *001-4558-5521 2 70701A 02/4620 MJ Engineering D&JEngine *001-4220.5201 7 70701A 01/5841 Day & Night Copy Center Day&Night *001-4096-2110 2 70701A 01/5937 *001-4090-2110 4 70701A 01/5938 De Stefano, Jim Destefano *001-4210-2330 3 70701A Department of Motor DMV *126-4411-1200 1 70701A Diamond Bar/walnut YMCA DBWa1YMCA *125-4215-2355 13 70701C 01/4603 Diana Cha & Associates DianaDw *125-4215-4000 3 70701A 01/4578 Diversified Paratransit DiversPara *112-4553-5529 6 70701A 01/4576 06/25 06/30 150103801 Unifrms-PrkStaff-w/of 6/9 17.85 TOTAL DUE VENDOR --------) 17.85 06M 06130 LitterAhateSvcs-May 839.44 TOTAL DUE VENDOR --------) 839.44 06/25 06/30 97DB-06 Bldg&SftySvts-5/20-6/10 11,784.38 TOTAL DUE VENDOR --------) 11,784.38 06/25 06130 384 CopyCrittenden$ook-ICSC 321.83 06/25 06/30 400 Prtg-StaffRptCCMtg6/3 313.33 TOTAL DUE VENDOR --------) 635.16 06/25 06/30 APA-Nat'1CDnf-4(7-Reimh 261.20 TOTAL PREPAID AMI]UNT ----) 261.20 TOTAL DUE VENDOR --------) 0.00 06/25 06/30 ElectVehclCdeSftw-e-COPS 36.00 TOTAL DUE VENDOR --------} 36.00 06/25 06/30 CDBDPrg-Chldcare-May 3,905.00 TOTAL DUE VENDOR --------) 3,905.00 06/25 06/30 May Prof Svcs-CDBG 676.00 TOTAL DUE VENDOR --------) 676.00 06/25 06/30 DialWa6Svcs-5115-5/31 8,941.79 TOTAL DUE VENDOR --------) 8,941.79 /97 0000034443 �►* City of Diamond Bar *+* RUN TIME: 11:3106/26i97 VOUCHER REGISTER DUE THRU.............07/01/97 VENDOR NAME VENDOR ID. ACCOUNT PROJ.T%-NO BATCH PO.LINE/NO. ENTRY/DUE INVOICE DESCRIPTION AMOUNT ------------------------------------------------------------------------------------------------------------------ F&A Federal Credit Union F&ACreditU +001-2110-1012 3 70701A 06/25 06/30 PP13-CrUnionDeductions 3,139.75 N TOTAL PREPAID AMOUNT ----) 3,139.75 TOTAL DUE VENDOR --------) 0.00 Folsom Labe Ford Folsoml-ake *001-4310-6100 2 70701A 02/5510 06/25 06/30 72909 Ford254PickUp7rk-P&M 17,973.43 TOTAL DUE VENDOR --------) 17,973.43 Fong, Franklin FongF *001-4210-4100 9 707018 06/25 06/30 P1ngCammMtgs-5/13,27 120.00 TOTAL DUE VENDOR --------) 120.00 Food Systems, Inc. FaWSystem *001-4090-2325 13 70701A 06/25 06/30 13855 Mtg Supplies -5/23 4-Crnrs 29.23 TOTAL DUE V£NDGR--------) 29.23 GTE California GTE *WI -4210-1200 10 70701A 01/5287 06/25 06/30 StreetAddressDirctry-Ping 76.82 TOTAL DUE VENDOR --------) 76.82 GTE California GTE *001-4090-2125 11 70701A 06/25 06/30 Phone Svcs -Gen Govt 1,966.82 TOTAL DUE VENDOR --------) 1,966.82 GTE California GTE *118-4098-2125 3 70701A 06/25 06/30 Phone Svcs -City On Llne 235.91 TOTAL DUE VENDOR --------) 235.91 Goldenberg, Michael Goldenberg *001-4210-4100 6 70701E 06/25 06/30 PingCommMtg-5/13,17 120.00 TOTAL DUE VENDOR --------) 120.00 Graffiti Control Systems GrafitiCon *001-4558-5520 4 70701A 01/5192 06/25 06/30 D80597 Graffiti Removal -May 1,710.00 TOTAL DUE VENDOR --------) 1,710.00 PAGE 3 * PREPAID E CHECK -------------- /30/97 0040034445 * City of D i a a a n d Bar + * RUN TIME: 11:31 06/26f97 V O U C H E R R E G I S T E R PAGE 4 DUETHRU.............07/01/97 VENDOR NAME VENDOR ID. 06/25 06/30 016774 March Copy Charges 319.96 * * PREPAID * * ACCOUNT ------------------------------------------------------------------------------------------------------------------ PROJ.TX-NO BATCH PO.LINE/NO. ENTRY/DUE INVOICE DESCRIPTION AMOUNT DATE CHECK ----------------- Granato, Bob GranatoB TOTAL DUE VENDOR --------) 3,440.78 Inland Valley Diy Bulletn IVDB 06/25 06/30 *001-2300-1001 1 70701A 06/25 06/30 *001-4040-1115 RefndDepst-GradingBond 4,140.00 /30/97 0000034438 Legal Ad -Dist #38 254.48 *001-4040-2115 4 707018 02/5844 TOTAL PREPAID AMOUNT ----) 4,140.00 Legal Ad -Dist 039 280.80 *001-4040-2115 6 70701B 03/5644 06/25 06/30 TOTAL DUE VENDOR --------) 0.00 280.80 Hall & Foreman Hall&Forem 06/25 06/30 11191A Credit Memo 211.70 - *001-4510-5227 14 70701A 01/5314 06/25 06/30 34139 Engrinspectn5vcs-TR47850 465.81 IstikJ *001-4551-5223 5 70701A 01/$313 06/25 06/30 34140 GradingPinChk-697332 143.00 06/23 06/30 *001-4510.5227 16 70701A 01/5565 06/25 06/30 34142 Engr-InspctnSvcs-TR47850 1,227.62 TOTAL DUE VENDOR --------) 40.00 TOTAL DUE VENDOR --------) 1,836.43 Herrera, Carol HerreraC *001-4010-2330 5 70701A 06/25 06/30 Reimb-CCCA Conf-5/15-18 60.14 TOTAL DUE VENDOR --------! 60.14 Hinderliter De Llamas Hinderlitr 06/25 06/30 016774 March Copy Charges 319.96 *001-4090-4010 2 70701A 04/4841A 06/25 06/30 2101 SalesTaxAudit-2ndQtr97 3,440.78 *001 -4090-2200 11 70701A 01/4763 06/25 06/30 016774 TOTAL DUE VENDOR --------) 3,440.78 Inland Valley Diy Bulletn IVDB 06/25 06/30 016774 Monthy Copy Svcs -June 165.00 *001-4040-1115 2 707018 01/5M 06/25 06/30 02501560 Legal Ad -Dist #38 254.48 *001-4040-2115 4 707018 02/5844 06125 06/30 2501561 Legal Ad -Dist 039 280.80 *001-4040-2115 6 70701B 03/5644 06/25 06/30 2501562 Legal Ad -Dist #41 280.80 TOTAL DUE VENDOR --------) 616.08 Intl Business Equipment InBusEquip *001-4090-2100 4 70701A 02/4763 06/25 06/30 016774 March Copy Charges 319.96 *001-4090-2100 9 70701A 02/4763 06/25 06/30 016774 Credit Memo 482.54 - *001 -4090-2200 11 70701A 01/4763 06/25 06/30 016774 CopyMaint5vcs-Apr 165.00 *001-4040-2200 15 70701A 01/4763 06/25 06/30 016774 Monthy Copy Svcs -June 165.00 *001-4090-2100 6 70701A 0214763 06/25 06/30 017289 April -Copy Charges 207.77 *001-4090-2200 13 70701A 01/4763 06/25 06/30 017289 Monthy Copy Svcs -May 165.00 *001-4090-2100 7 70701A 02/4763 06/25 06/30 017802 Copy Charges -May 260.72 *001-4090-2100 11 70701A 02/4763 06/25 06/30 11191A Credit Memo 211.70 - TOTAL DUE VENDOR --------) 599.21 Istik, Jack IstikJ *001-4553-4100 6 70701C 06/23 06/30 T&T Con Mtg-6/12 40.00 TOTAL DUE VENDOR --------) 40.00 4 City of Diamond Bar +�+� RUN TIME: 11:31 06/26/97 V O U C H E R R E G I S T E R DUE THRU.............07/01/97 VENDOR NAME VENDOR ID. ACCOUNT PROJ.TX-NO BATCH PO.LINE/ND. ENTRY/DUE INVOICE DESCRIPTION AMOUNT ------------------------------------------------------------------------------------------------------------------ Kens Hardware *001-4310-1200 *001-4314-2210 *001-4316-2210 *001-4322-2210 #001-4325-2210 *001-4331-2210 Kens 11 707018 14/5341 7 70701B 18/5341 3 707018 19/5341 10 70701B 15/5341 5 70701B 17/5341 6 70701B 16/5341 L.A. County -Sheriff's Dep LACSheriff #001-4411-5401 2 70701B L.A. County -Sheriff's Dep LACSheriff *001-4411-5401 3 707018 L.A.County Public Woks LACPubWk *001-4510-5507 8 70701B 01/5946 LA Cty Registrar Retarder LACRecordr *001-4040-2325 1 70701A Lewis Engraving Inc. LewisEngra *001-4553-2110 1 70701B Lopez, Carlo *001-3478 Maintex #001-4314-1200 2358 22 70701C Maintei 6 70701E 01/4638 06/25 06/30 Misc-Gen Park Supplies 411.52 06/25 06/30 Suppls-Heritage Prk 11.57 06/25 06/30 Suppls-Maple Hill Prk 15.12 06/25 06/30 Suppls-Ran Reagan Prk 62.67 06/25 06/30 Suppls-Starshine Prk 36.63 06/25 06/30 Suppls-Sycaewre Cyn 22.16 TOTAL OLE VENDOR --------) 559.67 06/25 06/30 84988 May Contract Svcs 299,473.99 TOTAL DUE VENDOR --------) 299,473.99 06/25 06/30 84512 March -Helicopter Svcs 398.64 TOTAL DUE VENDOR --------) 398.64 06/25 06/30 97000002065 *e-Trfrkcdnt5/28 7,166.25 TOTAL DUE VENDOR --------) 7,166.25 06/25 06/30 ElectnSust-7/9BurgessNice 24.00 06 TOTAL PREPAID AMOUNT ----) 24.00 TOTAL ME VENDOR --------) 0.00 06/25 06/30 25414 Nave Plate-RolandMorris 10.94 TOTAL DUE VENDOR --------) 10.94 06/25 06/30 21954 Recreation Refund 50.00 TOTAL DUE VENDOR --------) 50.00 06/25 06130 26350 Cleaning Suppls-Hrtg 116.06 TOTAL DUE VENDOR --------) 116.08 L { PAGE 5 * PREPAID DATE CHECK ------------------ %30/97 0000034444 J +++ City of Diamond Bar +++ RUN TIME: 11:31 06/26/97 V O U C H E R R E G I S T E R FACE 6 DUE THRU.............07/01/97 VENDOR NAME VENDOR ID. + + PREPAID + + ACCOUNT PROJ.TX-ND BATCH PO.LINE/NO. ------------------------------------------------------------------------------------------------------------------------------------ 1_NTRY/DLE INVOICE DESCRIPTION AMOUNT DATE CHECK McManus, Joseph McManusJ +001-4210-2330 2 70701A 06/25 06/30 Reimb-P1nrslnst-3/12-13 165.73 /30/97 0000034440 TOTAL PREPAID AMOUNT ----) 165.73 TOTAL OLE VENOM --------) 0.00 McManus, Joseph McManusJ +001-4210-4100 8 707018 06/25 06/30 P1ngComoMtgs-5/13,27 120.00 TOTAL OLE VENDOR --------) 120.DO Moonlight Press mon IightP +001-4210-2110 3 70701B 01/5912 06/25 06/30 97161 Stationary -Envelopes 175.63 TOTAL DUE VENDOR --------) 175.63 Morris, Roland MorrisR +001-4553-4100 8 70701C 06/25 06/30 T&T Comm Mtg-6/12 40.00 TOTAL DUE VENDOR --------) 40.00 Nice, Stephen NiceS +001-4553-4100 7 70701C 06/25 06/30 T&T Comm Mtg-6/12 40.00 TOTAL DUE VENDOR --------) 40.00 Office Depot OfficeDepo +001-4510-1200 4 70701B 72/4566A 06/25 06/30 020788186 Supplies -Pub Mks 267.63 +001-4350-1200 14 707018 78/4566A 06/25 06/30 020788192 Supplies -Comp Svcs 88.93 +001-4350-1200 13 70701B 77/4566A 06/25 06/30 020788198 Supplies -Coma Svcs 64.95 +001-4030-1200 4 70701B 73/4566A 06/25 06/30 020831048 Supplies -Credit Memo 5.90- +001-4350-1200 12 707018 71/4566A 06/25 06/30 0208779% Supplies -Cama Svcs 12.99 +001-4090-1200 i1 707018 74/4566A 06/25 06/30 021023971 Supplies -Gen Govt 244.37 +001-4350-1200 15 70701B 79/45W 06/25 06/30 021024580 Supplies -Comm Svcs 127.67 *001-4210-1200 11 70701B 8014566A 06/25 06/30 021024606 Supplies -Ping 403.18 +001-4090-1200 12 707018 75/4566A 06/25 06/30 021024627 Supplies -Gen Govt 100.87 +001-4050-1200 1 707018 81/4566A 06/25 06/30 021024643 Supplies -Finance 12.91 +001-4040-1200 2 70701B 76/4566A 06/25 06/30 021024652 Supplies-CClk 51.96 TOTAL DLA VENDOR --------) 1,369.56 Payroll Transfer -PayrollTr +001-1020 3 70701A 06/25 06130 Payroll Transfer-PP12 52,800.00 0060000012 TOTAL PREPAID AMOUNT ----) 52,800.00 1/30197 TOTAL OLE VENOM --------> 0.00 *f* City of Diamond Bar *f* RUN TIME; 11.31 06/26/97 V O U C H E R R E G I S T E R PAGE 7 DUE THRU.............07/01/97 VENDOR NAME VENDOR ID. f f PREPAID f ACCOUNT PROJ.TX-NO BATCH PO.LINE/NO. ENTRY/DUE INVOICE DESCRIPTION AMOUNT DATE CHECK Photo Plus by Kim PhotoPlus +001-4095-2112 8 707018 01/4649 06/25 06/30 027694 PhotographicSvcs/FilmPr(x 8.65 *001-4095-2112 10 707018 01/4649 06/25 06/30 027699 Photographic5vcs/FilmProc 5.40 TOTAL DILE VENDOR --------F 14.05 Public Empi Retirement PERS 1001-2110-1008 7 70701A 06/25 06/30 PP12-Retire Contrib-EE 3,736.10 4 /30/97 0000034446 *001-2110-1008 8 70701A 06/25 06/30 PP12-Retire Contrib-ER 3,348.69 N /30/97 0000034446 TOTAL PREPAID AMOUNT ----) 7,084.79 TOTAL DUE VENOM --------) 0.00 Purklss Rose -RSI Purkiss +250-4310-6415 11797 29 707018 01/4906 06/25 06/30 8983 CIP-CDBGADAPrkRetrFt 405.00 TOTAL DUE VENDOR --------) 405.00 R & 0 Blueprint R&DBlue *001-4553-2110 3 70701C 01/5932 06/25 06/30 35625 PrtgSchlSftyTrfcStdy 86.19 TOTAL DUE VENDOR --------) 86.19 R.H.F. Inc. RHFInc *001-4411-2200 2 707010 01/5919 06/25 06/30 22100 HandleRepair-RadarGun 146.18 TOTAL DUE VENDOR --------) 146.18 Repro Graphics ReproGraph *001-4095-2110 6 707010 01/5858 06/25 06130 8412 Prtg-Cow,-J%sltr(Sumw) 6,067.85 TOTAL DUE VENDOR --------) 6,067.85 Richards Watson S Gershon RichardsWa 1001-4020-4021 5 70701C 01/5966 06/25 06/30 92141 Spec-LegalSves-CableTV 142.40 TOTAL DUE VENDOR --------1 142.40 RonKranzer&Assoc C.E. Inc RKA +001-4510-5227 26 70701C 06/25 06/30 4998 InspctnSvcs-Ridgeline 112.50 *001-4510-5227 27 70701C 06/25 06/30 5000 Inspctn/Grading5vcs 224.05 *001-4510-5227 28 70701C 06/25 06130 5001 Inspctn/GradingSvcs 286.88 *001-4510-5227 29 70701C 06/25 06/34 5204 EngrInspectnSvcs 848.51 1001-4510-5227 31 70701C 0114333 06(25 06/30 5204 InspKtnSvcs-Rdgline 14.62 +001-4510-5727 25 70701C 06/25 06/30 5318 InspctnSvcs-StplChse/DKnl 225.00 +001-4510-5227 18 70701C 01/5395 06/25 06(30 5319 Engr-InspctnSvcs 98.32 *001-4510-5227 20 707010 01/4333 06/25 06/30 5319 InspectnSvcs-DKnoll 3.75 *001-4510-5227 22 70701C 0114333 06(25 06/34 5319 lnspectn5vcs-ShadyRdge 15.00 1401-4510-5227 24 70741C 01/43.33 06/25 06/30 5319 InspectnSvcs-ShadyRdge 22.50 TOTAL DUE VENDOR --------) 1,851.13 +++ City of D i a * o n d Sar *++ RUNTIME: 11:3106/26/97 VOUCHER R E C I S T E R DUE THRU.............07/01/97 VENDOR NAME VENDOR ID. ACCOUNT PROJ.TX-NO BATCH PO.LINE/NO. ENTRY/DUE INVOICE DESCRIPTION AMOUNT ---------------------------------------------------------------------------------------------------- Ruzicka, Joseph T. RuzickaJ *001-4210-2330 1 70701A 06/25 06/30 Reimb-Plnrslnst-3/12-13 74.88 a TOTAL PREPAID AMOINVT ----) 74.88 TOTAL DLE VENDOR --------) 0.00 Ruzicka, Joseph T. Ruzicka) *001-4210-4100 7 707018 06/25 06/30 P1ngCoWtgs-5/13,27 120.00 TOTAL IM VENDOR --------} 120.00 San Gabriel Valley City %MMA *001-4030-2325 4 70701A 06/25 06/30 97 Annual Likshp-6/19-Cligr 50.00 N TOTAL PREPAID APUNT ----} 50.00 TOTAL DLIE VENDOR --------} 0.00 San Gabriel Vly Tribune SGVTribune +001-4040-2115 10 70701C 02/5843 06/25 06/30 05333 Legal Ad -Dist 439 534.96 *001-4040-2115 12 70701C 03/5843 06/25 06/30 06748 Legal Ad -Dist 441 534.96 +001-4040-2115 B 70701C 01/5843 06/25 06/30 13590 Legal Ad -Dist #38 444.96 TOTAL DL1E VENDOR --------) 1,514.88 Schad, Dan SchadD *001-4210-4100 10 707018 06/25 06/30 PingCommMtgs-5/13,27 120,00 TOTAL DUE VENDOR --------) 120.00 Secretary of State SecreState +001-4090-2395 1 70701C 06/25 06/30 Fee-LobbyinfirektRprt 50.00 TOTAL DLiE VENDOR --------} 50.00 Sir Speedy SirSpeedy *001-43.50-5305 6 70701C 01/5682 06/25 06/30 21345 ConcertlnPrk-Flyers 201.76 TOTAL ME VENDOR --------) 201.76 Tie's Mobil Ti*ftil *001-4415-2200 1 70701C 06/25 06/30 15484 OilChnge-VltrPtrlVehcle 38.48 TOTAL DUE VENDOR --------) 38.48 Time Out Personnel Svc. TimeOut *001-4040-4030 16 70701C 01/5673 06/25 06/30 2219 Temp5vcs-DocmntScang-5/30 63.00 TOTAL ME VENOM --------} 63.00 r - PAGE 8 t + PREPAID + + DATE CHECK ----------------- /30/97 0000034439 /30/97 0000034441 a++ City 0 0 1 a a o n d Bar +++ RUN TIME: 11:31 06/26/97 VOUCHER REGISTER DUE TH2U.............07i01/97 VENDOR NAME VENDOR ID. ACCOUNT PROJ.TX-NG BATCH PO.LINE/NO. ENTRY/DUE INVOICE DESCRIPTION AMOUyT ------------------------------------------------------------------------------------------------------------------ Tioga Construction Inc. TiogaInc +001-4326-2210 6 70701C 01/5822 06/25 06/30 ChainLnkfenceRpr-Wdge 322.00 TOTAL DUE VENDOR --------) 322.00 United Parcel Service UPS +001-4090-2120 3 70701C 06/25 06/30 96327800272 Express Mail -Gen Govt 40.00 TOTAL DUE VENDOR --------) 40.00 Walnut Vly Nater Dist WlhlaterDis +138-4538-2126 4 70701C 06/25 06/30 Nater Usage -Dist #38 149.90 TOTAL DUE VENDOR --------) 149.90 West Publishing Co. WestPub +001-4090-2320 3 707010 01/5948 06/25 06/30 93249161 CaCnde/Supplant-Publctn 97.97 +001-4090-2320 4 70701C 06/25 06/30 93554852 CaCode/Supplant-Publctn 51.42 TOTAL DUE VENDOR --------) 149.39 Wright, Paul WrightP +001-4090-4000 10 707010 01/4599 06/25 06/30 Audio/VisualSvcs-June 885.00 TOTAL DUE VENDOR --------) 885.00 Yu, Alice 2357 +001-3478 21 70701C 06/25 06/30 21155 Recreation Refund 38.00 TOTAL DUE VENDOR --------) 38.00 TOTAL PREPAID -----------) 76,380.46 TOTAL DUE ---------------) 445,987.57 TOTAL REPORT ------------) 522,368.03 PACS 9 + + PREPAID �► + DATE CHECK i * * City of Biaa❑nd Bar RUN TIME: 113106/26/97 VOUCHER REGISTER PAG I FUND SUMMARY REPORT DUE THRU.............07/01/97 DIS9IIRSE G/L GJE WILL POST GJE HAS POSTED FUTIRE TRANSACTIONS FUND ------------------------------------------------------------------------------------------------------------------ TOTAL DIRECT PAY REVENUE EXPENSE REVENUE EXPENSE REVS &E ----------------- EXPENSE 001 General Fuad 499,393.32 67,164.54 126.00 432,102.78 250 C.I.P. Fund 9,030.11 9,030.11 126 COPS Fund 36,00 36.00 125 CDBG Fund 4,581.00 4,581.00 112 Prop A -Transit F 8,941.79 8,941.79 118 Air Quality Imp 235.91 235.91 138 LLAD #38 Fund 149.90 149.90 TOTAL------------ ------------ ------------------------------------------------ -------- --- ------------ ALL FUNDS 522,368.03 67,164.54 126100 455,077.49 i +++ City 0f Diamond Bar +++ RUN TIME: 11:30 06/26/97 V O U C H E R R E G I S T E R DUE THRU.............07/01/97 VENDOR NAME VENDOR ID. ACCOUNT PROJ.TX-N0 BATCH PO.LINE/NO. ENTRT/M INVOICE DESCRIPTION AMOUNT ------------------------------------------------------------------------------------------------------------------- American Storage LTD AwStorag 001-4090-2130 4 70701A 01/5760 06/25 07/01 StrgeRent-UnitM92,112C 2,035.00 TOTAL DUE VEER --------) 2,035.00 BonTerra Bon Terra 001-2300-1011 1 707018 06/25 07/01 98 -IN Prof Svcs-FER-96-02 35,912.29 TOTAL DUE VENDOR --------) 35,912.29 California Joint Powers CJPIA 001-4030-2330 1 70701A 06/25 07/01 RskMgrtCnf-9/30-10/l-Crgr 120.00 TOTAL DUE VENDOR --------) 120.00 California Joint Powers CJPIA 510-4810-7200 1 70701A 06/25 07/01 GenLiablityDepst-97/98 167,459.00 TOTAL DLE VENDOR --------) 167,459.00 California Journal CaJournai 001-4010-2315 1 70701A 06/25 07/01 SubscriptionRnwl-97/98 29.95 TOTAL ELLE VENDOR --------} 29.95 Doubletree Hotel Doubletree 001-4030-2330 2 70701A 06/25 07/01 MMASC Cvnf-8/6-8-Haraksin 151.80 TOTAL ME VENDOR --------) 151.80 Doubletree Hotel Doubletree 001-4030-2330 3 70701A 06/25 07/01 MMASC Conf-8/6-8-Fritzal 151.80 TOTAL DLE VENDOR --------) 151.80 Federal Reserve Bank Fedk-Arve 001-2110-1009 1 70701E 06/25 07/01 PP11/12SvgsBcndDeductions 100.00 TOTAL DUE VENDOR --------) 100.00 Fess Parker's Doubltree FessParker 001-4030-2330 4 70701A 06/25 07/01 CJPIAConf-CMgr-9/30-10/1 215.60 TOTAL ME VENDOR --------) 215.60 Forte Forte 001-4350-5305 23 707018 01/5884 06/25 07/01 Band-Conlnf'rk-7/2 500.00 TOTAL ME VENDOR --------) 500.00 PAGE i + t PREPAID + + DATE CHECK +++ Citof Diaa++ RUy nnd BN TIME: 11:30 06/26/97 V O U C H E R R E G I S T E R a + DUE THRU.............07/01/97 VENDOR WE VENDOR ID. ACCOUNT PROJ.TX-NO BATCH PO.LINIE/NG. ENTRY/DUE INVOICE DESCRIPTIENI AMOUNT ------------------------------------------------------------------------------------------------------------------ Franchise Tax Board FranchiseT 001-2110-1009 2 707018 Franchise Tax Board FranchiseT 001-2110-1009 3 70701E Henderson, Linda Henderson 001-2300-1002 1 707018 ICMA Conf Registration ICWeg 001-4030-2330 6 70701A ICMA Retirement Trust -457 ICMA 001-2110-1007 1 70701E 001-4030-0080 1 707018 001-4090-0090 1 70701B ICMA Retirement -401 1CMA401 001-2110-1007 2 70701B ICSC Registration Dept ICSCRegist 001-4030-2330 5 70701A Inland Valley Dly Bulletn IVDD 001-2300-1010 3 707018 001-2300-1010 1 707018 001-2300-1010 2 707018 Ken Liebenson KenLiebsen 001-4350-5305 15 70701A 01/5885 06/25 07/01 PP13WithholdOrdr32140%90 50.00 TOTAL DUE VENDOR --------! 50.00 06/25 07/01 PP13WithholdOrdr558607604 370.44 TOTAL DUE VENDOR --------! 370.44 06/25 07/01 37084 Refund-SecrtyDepost 50,40 TOTAL DUE VENDOR --------! 50.00 06/25 07/01 Conf-9/12-17-CMgr 648.00 TOTAL ME VENDOR --------f 648.00 06/25 07/01 PP12/13-PayrollDeductions 276.00 06/25 07/01 July -Contract Contrbs 400.00 06/25 07/01 July-Contrb-AllDepts 9,393.12 TOTAL DUE VENDOR --------) 10,069.12 06/25 07/01 PP12/13-DefCspContrbDeduc 1,123.06 TOTAL DUE VENDOR --------? 1,123.06 06/25 07/01 Wstrn5tsConf-9/24-26-CMgr 190.00 TOTAL DUE VENDOR --------1 190.00 06/25 07/01 LegalAd-FPL 97-16 51.67 06/25 07/01 02501302 LegalAd-FPL 97-12 51.60 06/25 07/01 02501302 LegalAd-FPL 97-14 51.68 TOTAL DUE VEWDOR--------! 155.03 06/25 07/01 Bund-7/9-ConInPrk 800,00 TOTAL DUE VENDOR --------> 800.00 F'AGE 2 + + PREPAID + + DATE CHECK 4 # City of D i a m a n d Bar * * RISNTIME, 11:3006/26,97 VOUCHER REGISTER DUE THRU.............07/01/97 VENDOR NAME VENDOR ID. AGCOMT PROJ JX -NO BATCH PO.LINE/ND. ENTRY/DLE INVOICE DESCRIPTION AMOUNT I -------------------------------------------------------------------------------------------------------------------- League of Ca. Cities League 001-4010-2330 170701A League of Ca. Cities League 001-4090-2315 1 70701A MMASC 001-4030-2330 MMASC 001-4030-2330 Magical Events 001-4350-5305 WA SC2 7 70701A M M1ASC2 8 70701A MagicEvent 19 70701A 01/5886 Mid hest Coast Band MidNestCoa 001-4350-5305 21 70701A 01/5888 Mike Henehry Orchestra MikeHenGry 001-4350-5305 17 70701A 01/5905 Mt. Baldy United Way UnitedWay 001-2110-1013 1 707018 Nelsonics 001-4350-5305 Nelsonics 001-4350-5305 NelsmT 25 707010 0115899 NelsonT 27 707018 01/5899 06/25 07/01 Conf-7/23-26-Ansari 615.00 TOTAL. DUE VENDOR --------) 615.00 06/25 07/01 97-1022 LACntyDivision Dues -97/98 925.00 TOTAL DUE VENDOR --------! 925.00 06/25 07/01 Conf-8/7,8-Haraksin 205.00 TOTAL ME VENDOR --------) 205.00 06/25 07/01 Conf-8/7,8-Fritial 205.00 TOTAL DUE VENDOR --------) 205.00 06/25 07/01 Band-7/16ConInPrk 1,050.00 TOTAL DUE VENDOR --------) 1,050.00 06/25 07/01 Band-7/30-ConInPrk 700.00 TOTAL DUE VENDOR --------) 700.00 06/25 07/01 Band-ConInPrk-7/23 800.00 TOTAL DILE VENDOR --------) 800.00 06/25 07/01 Payroll Deductions -P12/13 55.00 TOTAL DUE VENDOR --------) 55.00 06/25 07/01 Sound5ysConInPrk-7/2 435.00 TOTAL ME VENDOR --------) 435.00 06/25 07/01 SoundSys-CmInPrk-7/9/97 435.00 TOTAL DILE VENDOR --------) 435.00 PAGE 3 * PREPAID + �► ATE CHECK t } City of 0 1 a a o n d Bar ++4 itl1NTIME: 11::3006/26/97 VOUCHER R E 6 1 8 T E R DUE THRU.............07/01/47 VEND WE VENDOR ID. ACCOUNT PROJ.TI-NO BATCH PO.LINE/NO. ENTRY/DUE INVOICE DESCRIPTION AMOUNT ------------------------------------------------------------------------------------------------------------------- Nelsonics NelsonT 001-4350-5305 29 707018 0115899 06/25 07/01 SoundSys-ConInPrk-7116 435.00 TOTAL DUE VENDOR --------) 435.00 Nelsonics NelsonT 001-4350-5305 31 707018 01/5899 06/25 07/01 Saund5ys-ConInPrk-7/23 435.00 TOTAL DUE VENDOR --------) 435.00 Nelsonics NelsonT 001-4350-5305 33 707018 01/5899 06/25 07101 SoundSys-CunInPrk-7(30 435.00 TOTAL DUE VENDOR --------) 435.00 Nelsonics NelsonT 001-4350-5305 35 70701B 01/5899 06/25 07/01 SaundSys- Con InPrk-6/6 435.00 TOTAL DUE VENDOR --------) 435.00 Nelsonics NelsonT 001-4350-5305 37 70701B 01/5894 06/25 07/01 Sound5ys-ConlnPrk-8113 435.00 TOTAL DUE VENDOR --------) 435.00 Nelsonics NelswT 001-4350-5305 39 707018 01/5599 06/25 07/01 Sound5ys-ConlnPrk-6/20 435.00 TOTAL DUE VENDOR --------) 435.00 Nelsonics NelsonT 001-4350-5305 41 70701B 01/5699 06/25 07/Oi 11022 SoundSys-Con1nPrk-6/27 435.00 TOTAL DUE VEND --------) 435.00 SCACEO SCACE'01 001-4210-2315 1 707018 06/25 07/01 Annual Dues -FY 97/95 30.00 TOTAL DUE VENDOR --------) 30.00 SGV Council of Government SGVCofGov 001-4090-2315 2 70701B 06/25 07/01 Dues -FY 97/96 -Gen Fund 2,250.00 112-4553-2315 1 70701B 06/25 07/01 Dues -FY 97/95-PrpA,C 5,670.00 118-4096-2315 1 70701B 06/25 07/01 Dues -FY 47/96-AB2766 3,969.00 TOTAL DUE VENDOR --------) 11,589.00 PA0E 4 PREPAID DATE CHECK {+ City of Diamond Har++ RUNTIME: 11:3006/26/97 VOUCHER REGI ST ER DUETHRU.............07101/97 VENDOR NAME VENDOR ID. ACCOUNT PROJ.TX-ND BATCH PO.LINE/NO. ENTRY/M INVOICE DESCRIPTION AMOUNT ------------------------------------------------------------------------------------------------------------------- San Gabriel Vly Tribune SGVTribune 001-2300-1010 9 707018 001-2300-1010 10 707018 001-2300-1010 11 707010 001-2300-1010 12 70701E 001-2300-1010 13 707018 001-2304-1010 14 70701B 001-2300-1010 8 70701B Tucker, ,ferry Tucker) 001-2300-1002 2 70701B Tyrone Anthony Band TyroneAnth 001-4350-5305 10 70701A 01/5890 US Postal Service 001-4090-2120 upstream 001-4354-5305 USPostGery 1 70701B Upstream 13 70701A 01/5887 Waterfront Centre Hotel Waterfront 001-4030-2330 9 707010 06/25 07/01 Legal Ad -FPL 97-14 114.48 06/25 07/01 06134 Legal Ad -FPL 97-12 58.56 06/25 07/01 06134 Legal Ad-FP1- 97-14 58.56 06/255 07/01 06134 Legal Ad -FPL 97-09 58.56 06/25 07/01 06442 Legal Ad -FPL 97-018 62.28 06/25 07/01 06442 Legal Ad -FPL 92-021 62.28 06/25 07/01 18649 Legal Ad -FPL 96-053 118.80 TOTAL DUE VENDOR --------) 533.52 06/25 07/01 Refnd-SecrtyDepst-SsRdge 50.00 TOTAL DUE VENDOR --------) 50.00 06/25 07/01 Band-ConinPrk-8/20 800.00 TOTAL DUE MEOW --------) 800.00 06/25 07/01 Postage Replenishment 1,500.00 TOTAL. DUE VENDOR --------) 1,500.00 06/25 07/01 Band-ConlnPrk-8/13 800.00 TOTAL DUE VENDOR --------) 800.00 06/25 07/01 ICMA Conf-9/12-17-CMgr 1,398.15 TOTAL. OLE VENDOR --------) 1,398,15 TOTAL PREPAID -----------) 0.00 TOTAL DUE ---------------) 245,601.76 TOTAL REPORT ------------) 245,601.76 PACYE 5 * PREPAID t DATE CHECK *** City of Diamond Bar * * * RUN TIME: 11:30 06/26/97 V 0 U C H E R R E G I 5 T E R PAGE 1 FUND SUMMARY REPORT DUE THRU.............07/01/97 DISBURSE G/L GJE WILL POST GJE HAS POSTED FU URE TRANSACTIONS FUND TOTAL DIRECT PAY REVENUE EXPENSE REVENUE EXPENSE EXPENSE 001 General Fund 68,503.76 38,675.34 510 Self Insurance F 167,459.00 112 Prop A -Transit F 5,670.00 118 Air Gluaiity Imp 3,969.00 TOTAL ------------ ----------- ALL FUNDS 245,601.76 38,675.34 29,828.42 167,459.00 5,670.D0 3,969.00 206,926.42 --------------------{---------------- CITY OF DIAMOND BAR AGENDA REPORT AGENDA N0, TO: Terrence L. Belanger, City Manager MEETING DATE: July 1, 1997 REPORT DATE: June 24, 1997 FROM: Linda G. Magnuson, Accounting Manager TITLE: Treasurer's Report - May 31, 1997 SUMMARY: Submitted for the City Council's review and approval is the Treasurer's Statement for the month of May, 1997. RECOMMENDATION: Review and approve. LIST OF ATTACHMENTS: X Staff Report _.. Public Hearing Notification _ Resolution (s) _ Bid Specification (on file in City Clerk's office) Ordinance(s) — Other: _ Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed Yes No by the City Attorney? 2. Does the report require a majority vote? _ 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? N/A _ Yes No Report discussed with the following affected departments: REVIEWED BY: DEPARTMENT HEAD: Terrence L. Belanger` Frank M. Usher Linda G. Magnuson City Manager Assistant City Manager Accounting Manager CITY COUNCIL REPORT AGENDA NO. MEETING DATE: July 1; 1997 TO: Honorable Mayor and Members of the City Council FROM: City Manager SUBJECT: Treasurer's Statement- May 31, 1997 ISSUE STATEMENT: Per City policy, the Finance Department presents the monthly Treasurer's Statement for the City Council's review and approval, RECOMMENDATION: Approve the May, 1997 Treasurer's Statement. FINANCIAL SUMMARY: No fiscal impact. BACKGROUND: Submitted for the Council's review and approval is the Treasurer's Statement for the month of May, 1997. This statement shows the cash balances for the various funds, with a breakdown of bank account balances, investment account balances and the effective yield earned from investments. The City's Deferred Compensation balances which are managed by ICMA are also being reporte . The City receives ICMA statements on a quarterly basis. The balances reported are as of March 31, 1997. PREPARED BY: Linda G. Magnuson . CITY OF DIAMOND BAR TREASURER'S MONTHLY CASH STATEMENT May 31,1997 GENERAL FUND $12,150,410.78 $1,378,949.13 $1,480,336.21 $12,049,023.70 LIBRARY SERVICES FUND 108,106.43 449.20 107,657.23 TRAFFIC SAFETY FUND 5,010.96 5,010.96 GAS TAX FUND 2,615,385.18 103,348.85 2,718,734.03 TRANSIT TX(PROP,A) FD 1,762,071.52 121,348.00 58,984.65 1,824,434.87 TRANSIT TX (PROP C) FD 1,996,482.23 75,057.00 2,071,53913 INTEGRATED WASTE MGT FD 131,551.85 3,208.71 6,583.04 128,177.52 AIR QUALITY IMPRVMNT FD 122,229.99 15,535.92 106,694.07 TRAILS 8 BIKEWAYS FD (SB 821) 26,156.40 26,156.40 PARK FEES FUND 379,193.58 379,193.58 S PARKS GRANT (PRP A) FD (9,163.39) (9,163.39) COM DEV BLOCK GRANT FD (37,365,37) 11,571.66 (48,937.03) CITIZENS OPT -PUBLIC SAFETY F 189,136.31 101.00 16,562.70 172,674.61 LANDSCAPE DIST #38 FD 295,048.26 23,493.94 10,312.90 308,229.30 LANDSCAPE DIST #39 FD 95,443.54 13,038.11 14,232.24 94,249.41 LANDSCAPE DIST 041 FD 256,390.09 14,152.01 11,965.75 258,576.35 GRAND AV CONST FUND 139,130.78 139,130.78 CAP IMPROVEMENT PRJ FD 156,899.40 13,233.14 143,666.26 SELF INSURANCE FUND 598,948.99 598,948.99 TOTALS 20,981,067.53 $1,T32,696-751,639,767-41 0.00 2 ,073,996.87 SUMMARY OF CASH: DEMAND DEPOSITS: GENERAL ACCOUNT $69,899.72 PAYROLL ACCOUNT 13,698.29 CHANGE FUND 175.00 PETTY CASH ACCOUNT 500.00 TOTAL DEMAND DEPOSITS $84,273.01 INVESTMENTS: US TREASURY SWEEP ACCOUNT $1,041,528.23 TIME CERTIFICATES 0.00 COMMERCIAL PAPER 0.00 LOCAL AGENCY INVESTMENT FD 19,948,195.63 TOTAL INVESTMENTS $20,989,723.86 TOTAL CASH S21 ms gas A7 Note: The City of Diamond Bar is invested in the State Treasurer's Local Agency Investment Fund. All funds are avail for withdrawal within 24 hours. Investment in the Local Agency Investment Fund is allowed under the City's forr adopted investment policy. In May, 1997, the City's amount of investable surplus exceeded the LAIF limit of $20,000,000. As a result, the i invest money in an alternative investment option. While other investments options are being evaluated, these f been invested in a US Treasury sweep account through Wells Fargo Bank. These funds are "swept" on a daily the City's bank accounts and invested overnight into an investment pool of US Treasury notes. Interest will be to the City's bank account on a monthly basis, L.A.I.F - Effective Yield for April 1997 5.612% L.A.I.F -Effective Yield for May 1997 5.634% i had to Is have sis from litied CITY OF DIAMOND BAR TREASURER'S MONTHLY CASH STATEMENT May 31, 1997 INVESTMENT: DEFERRED COMPENSATION ACCOUNT (AS OF 03131197) ICMA Retirement Corporation.- 457 Plan: AGGRESSIVE OPPORTUNITY FUND 8,100.67 INTERNATIONAL FUND 8,000.35 GROWTH STOCK FUND 85,116.02 BROAD MARKET FUND 28,508.96 EQUITY INCOME FUND 3,840.38 ASSET ALLOCATION FUND 27,709.39 SOCIAL RESPONSIBILITY FUND 0.00 CORE BOND FUND 7,164.94 US TREASURY FUND 3,234.20 CASH MANAGEMENT FUND 749.82 PLUS FUND 294,013.36 GUARANTEED FUND 0.00 TRADITIONAL GROWTH 10,273.18 MS CAPITAL APPRECIATION 3,659.03 MS GROWTH & INCOME 3,742.91 TOTAL OF DEPOSITS 484,113.21 Note: These investment options are at the discretion of the employees Due to the complexity of the funds, which are solely handled by ICMA, the City is only reporting the balances in the various instruments The reporting period reflects the most current quarter reported by ICMA to the City. TOTAL CASH AND INVESTMENTS $21,558,110.08 All investments are placed in accordance with the City of Diamond Bar's Investment Policy. The above summary provides sufficient cash flow liquidity to meet the next six month's estimated expenditures. Terrence L. Belanger, Treasurer e in POOLED MONEY INVESTMENT ACCOUNT SUMMARY OF INVESTMENT DATA A COMPARISON OF MAY 1997 WITH MAY 1996 (Dollars in Thousands) MAY 1997 MAY 1996 Average Daily Portfolio $29,650,040 $27,431,144 + $2,218,896 Accrued Earnings $141,871 $127,826 +$14,045 Effective Yield 5.634 5.502 132 Average Life --Month End (in days) 212 267 _ 55 Total Security Transactions Amount $13,994,820 $16,342,438 - 52.347,618 Number 330 403 Total Time Deposit Transactions Amount Number $372,200 5109,700 + S262,500 25 25 0 Average Workday Investment Activity $684,144 $747,824 -$63,680 Prescribed Demand Account Balances For Services $137,672 $146,919 -$9,247 For Uncollected Funds $2.19,037 $273,022 - $53,985 LOCAL AGENCY INVESTMENT FUND* SUMMARY OF ACTIVITY MAY 1997 BEGINNING BALANCE DEPOSITS WITHDRAWALS MONTH END BALANCE $11,205,662,261,07 $1,004,341,000.00 $1,113,410,418.19 $11,096,592,842.88 *Local Agency Investment Fund Invested Through Pooled Money Investment Account Estimated Market Value Including Accrued Interest $ 29,998,191,231.97 Repurchase Agreements, Time Deposits, AB 55 & General Fund loans, and Reverse Repurchase agreements are carried at portfolio book value (carrying cost). Certificates of Deposit (CDs), Bank Notes (BNs), and Commercial Paper (CPs) less than 90 days are carried at portfolio book value (carrying cost). Interest accrued from the date of purchase on CDs and BNs under 90 days is not included. Pooled State of California Money Investment Account Market Valuation 5/31197 Description Carrying Cost Plus Accrued Interest Purch. Estimated Market Value Accrued Interest United States Treasury: Bills $ 1,067,730,791.34 $ 1,096,178,250.00 N Strips $ 121,604,450.00 $ 148,487,500.00 N Notes Federal Agency: $ 5,487,892,529.99 $ 5,441,516,330.00 $ 77,6 1,499.89 Bonds $ 908,789,860.09 $ 904,997,709.80 $ 15,3 7,197.00 Floaters $ 219,985,164.30 $ 220,110,200.00 $ 1,9 7,993.75 MSS GNMA SBA FHLMC PC Discount Notes $ $ $ $ $ 154,420,206.72 3,016,832.73 218,776,049.01 29,248,420.93 262,702,244.45 $ $ $ $ $ 150,175,187.85 3,377,800.24 221,538,091.29 31,286,775.48 274,018,236.80 $ $ $ $ 9 2,099.64 9,204.41 2,1 8,324.94 4 9,827.72 N Bankers Acceptances $ 533,829,736.40 $ 533,900,918.18 N Corporate: Bonds Floaters $ $ 1,324,342,828.12 425,561,466.77 $ $ 1,320,515,595.10 425,550,440.00 $ $ 23,0 6,837.10 3,4 2,715.17 CDs $ Bank Notes $ Repurchase A reements $ 7,847,153,751.53 781,020,449.70 35,600,000.00 $ $ $ 7,846,347,363.11 781,017,290.67 35,600,000.00 $ $ 9,2 7,630.28 406,270.83 N Time Deposits AB 55 & GF Loans $ $ 517,795,000.00 2,031,654,839.00 $ $ 517,795,000.00 2,031,654,839.00 N N Commercial Paper $ 8,177,474,690.88 $ 8,180,137,563.09 N Reverse Repurchase $ 299,942,000.00 $ 299,942,000.00 ($951,459.38 TOTAL $ 29,848,657,311.96 $ 29,864,263,090.61 $ 133,9 8,141.35 Estimated Market Value Including Accrued Interest $ 29,998,191,231.97 Repurchase Agreements, Time Deposits, AB 55 & General Fund loans, and Reverse Repurchase agreements are carried at portfolio book value (carrying cost). Certificates of Deposit (CDs), Bank Notes (BNs), and Commercial Paper (CPs) less than 90 days are carried at portfolio book value (carrying cost). Interest accrued from the date of purchase on CDs and BNs under 90 days is not included. CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Honorable Mayor and City Council MEETING DATE: July 1, 1997 REPORT DATE: June 11997 FROM: Linda G. Magnuson, Accounting Manager TITLE: F.Y. 97-98 Investment Policy Submitted for Council's review and approval is tr Investment Policy for Fiscal Year 1997--98, and it's resolution. RECOMMENDATION: Approve Resolution 97 - Policy. LIST OF ATTACHMENTS: XX Staff Report XX Resolution(s) _ Ordinances(s) Agreement(s) which adopts the FY97-98 — Public Hearing Notification Bid Spec (on file in City Clei XX Other Investment Policy Proposed mpanying Investment k's Office) 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? X Yes_ No 3. Has environmental impact been assessed? Yes X No 4. Has the report been reviewed by a Commission? Yes —X No Which Commission? 5. Are other departments affected by the report? Yes X No Report discussed with the following affected department REVIEWED BY: Terrence L. langeg rank er City Manager Assistant City Manager la L nda G. uson Accounting anaqer CITY COUNCIL REPORT AGENDA NO. MEETING DATE: July 1, 1997 TO: Honorable Mayor and Members of the City Council FROM: City Manager SUBJECT: F.Y. 1997-98 Investment Policy ISSUE STATEMENT: Annual review and approval of the 1997-98 Investment Policy. RECOMMENDATION: Approve Resolution 97- which adopts the FY 97-98 Investment BACKGROUND: )licy. Submitted for Council's review and approval is the F.Y. 97-98 Investment Policy and its accompanying resolution. The proposed investment policy states the goals of the City's ivestment activities, the types of investments in which the City will invest f nds, and the monthly reporting requirements. This fiscal year, the City Council is being asked to adopt a slightly revised investment policy. The new policy is basically the same as the FY96-97 investment policy with a couple of changes as requested by the City's auditors. On page three a paragraph has been inserted to itemize specific prohibited investments. In addition on page 9 of Exhibit A, there was a statement that LAIF does not invest in derivatives. According to the City's auditor's interpretation, there is very small percentage of the LAIF investment portfolio which could be classified as a derivative product. Once these investments mature, it is understood that there will no longer be investments of this nature in the fund. This policy has been deigned to protect the City funds from the type of activities which have caused problems for the agencies which were investing in the Orange County Investm nt Fund. It should be noted that the City has funds invested in the State Treasurer's Local Agency Investment Fund. The investment goals and practices of LAIF are in concurrence with the City's investment goals and objectives. Attached as Exhibit B is a description of the LAIF program. The proposed investment policy was drafted in accordance with the Government Finance Officers Association (GFOA) investment policy outline and model. The broker/dealer questionnaire was adapted from a questionnaire which was provided by the City's auditing firm of Conrad and Associates. Additionally, the proposed investment policy has been reviewed by the City's auditors. PREPARED BY: Linda G. Maqnuson RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ADOPTING THE STATEMENT OF INVESTMENT POLICY WHEREAS, it is the City's policy to annually adoptlthe City investment policy, and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond Bar that the attached Statement of Investment Policy (Exhibit A) be adopted as presented herein. PASSED, ADOPTED and APPROVED by the City of Counci of the City of Diamond Bar, California, this 1st day of July, 197. Mayor I, LYNDA BURGESS, City Clerk of the City of Diamond Aar, do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council of the City Council of Diamond Bar held on the day of 1997, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: City Clerk EXHIBIT A CITY OF DIAMOND BAR INVESTMENT POLICY - FY 1997-98 PURPOSE This Statement is intended to provide guidelines for the I investment of the City's temporarily idle cash and to outli policies for maximizing the efficiency of the City's cash manE system. The ultimate goal is to enhance the economic status of tt while protecting it's accumulated cash. It is the policy of the City Council to review, update and a City's Investment Policy on an annual basis. INVESTMENT OBJECTIVE rudent ie the gement e City t the The investment of funds of the City of Diamond Bar is directed to the goals of safety, liquidity and yield. The authority governing investments for municipal governments is set forth in the Government Code, Sections 53601, et. seq. 1. Safety. Safety of principal is the foremost objective of the investment program. Investments shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. The objective will be to mitigate credit risk and interest rate risk. The City will operate only in those investments that are considered very safe. A. Credit Risk is the risk of loss due to the failureof the security issuer or backer. Credit risk will be mitig ted by: Limiting investments to the safest types of securities; Pre -qualifying the broker --dealers with which the ity will do business. This will be done via a competi ive bid and the response on a questionnaire (Appendix B) submitted by the prospective institution. In addi ion broker-dealers should be primary, registered investment securities dealers; Diversifying the investment portfolio in order hat potential losses on individual securities do not exceed the income generated from the remainder of the portfo io. B. Interest Rate Risk is the risk that the market value of portfolio securities will fall due to a change in general interest rates. Interest rate risk will be mitigated by: Structuring the investment portfolio so that securities mature to meet cash requirements for ongoing operatins, thereby avoiding the need to sell securities on the pen market prior to their maturation to meet specific PAGE 2 - Investment Policy operational needs; Operating funds will be invested primarily in s term securities. rter 2. Liquidity. The investment portfolio will remain suffici ntly liquid to meet all operating requirements which might be reasonably anticipated. This is accomplished by structuring the portfolio so that securities mature at the same time as cash is needed to meet anticipated demands. Additionally, since all possible cash de ands cannot be anticipated, the portfolio will consist largely of securities with active secondary or resale markets. 3. Yield. Yield is the potential dollar earnings an invest can provide and sometimes is described as the rate of return. primary objective of the investment policy of the City of Dia Bar is SAFETY. Investments shall be undertaken to ensure preservation of capital in the overall portfolio. The invest portfolio shall be designed with the objective of attaining a ma rate of return throughout budgetary and economic cycles, taking account the investment risk constraints and cash characteristics of the portfolio. Return on investment is of 1 importance compared to the safety and liquidity objectives descr above. Investments are limited to relatively low risk securitie anticipation of earning a fair return relative to the risk b assumed. Securities shall not be sold prior to maturity unless of the following conditions exists: 1) a declining credit secu could be sold early to minimize loss of principal; 2) a secu swap would improve the quality of yield in the portfolio; o: liquidity needs of the portfolio require that a security be so POLICY As a General Law city, Diamond Bar operates its accumulated cash investments under the prudent man rule. This insures ..investment shall be made with the exercise of that degre, judgement and care, under circumstances then prevailing, w persons of prudence, discretion and intelligence exercise in management of their own affairs, not for speculation but investment considering the probable safety of their capital as as the probable income to be derived." (CC 42261) This affords City a broad spectrum of investment opportunities, so long as investment is deemed prudent and is allowable under current la, the State of California and the regulations of the City of Diai Bar. The City of Diamond Bar strives to maintain the level of investr of all funds as near 100% as possible, through daily and proje( cash flow determinations. Cash management and investr transactions are the responsibility of the Treasurer. ient The fond the ten t 'ket .nto 'low !ast bed in i n g one ity ity 3) d. dle hat of ich the for ell the the of and tent :ted tent PAGE 3 - Investment Policy Investments are allowed in the following media: United States treasury bills, bonds, notes or any c obligations or securities issued by the United States treE or any other obligation guaranteed as to principal interest by the United States. Local Agency Investment Fund (state pool) - Demand Depos Certificates of Deposit (or Time Deposits), placed with commercial banks and/or savings banks. Negotiable Certificates of Deposit Bankers Acceptances Commercial Paper Medium Term Corporate Notes Passbook Savings Accounts Active Deposits Money Market Funds comprised of investments rated highest category by Moody's Investors Services Inc. Standard & Poor's Corporation. Repurchase Agreements ther sury and its in I the o by Prohibited investments include securities not listed above(u less authorized pursuant to section 53601 (L)), as well as inverse floaters, range notes, interest only strips derived from a pool of mortgages (Collateralized Mortgage Obligations), and any security that could result in zero interest accrual if held to maturity, as specified in Section 53601.6. (Zero interest accrual means the security has the potential to realize zero interest depending upon the structure of the security. Zero coupon bonds and similar investments that start at a level below the face value are legal because their value does increase.) Government and agency paper are the highest quality invest nts available in terms of safety and liquidity. Certificates of deposit and savings accounts are insured or collateralized. Only commercial paper, with A-1 Moody's and P-1 Standard & Poor's ratings is authorized for purchase. Most investments are highly liquid, with the exception of collateralized and insured certificates of deposit held by banks and savings banks. Maturities are selected to anticipate cash ne ds, thereby eliminating the need for forced liquidation. Effective January 1, 1989 the Government Code, Section 5 601 states ... "no investment shall be made in any security, other than a security underlying a repurchase or reverse repurchase agree ent authorized by this section, which at the time of the investment has a term remaining to maturity in excess of five years, unless the legislative body has granted express authority to make -hat investment either specifically or as a part of an investment pro ram approved no less than three months prior to the investment." age 4 - Investment Policy Therefore longer-term investments (over one year) are limited to maturities of five years or less unless specifically approved by the City Council. Diamond Bar attempts to obtain the highest yield possible when selecting investments, provided that the criteria for safetj, and liquidity are met. Ordinarily, through a positive yield c rve, (i.e., longer term investment rates are higher than those of sh rter term maturities), the City attempts to ladder its maturities to meet anticipated cash needs in such a way that longer term investor nts carry a higher rate than is available in the extremely short term market of 30 days or less. The City is authorized to invest in the Local Agency Investment Fund based upon periodic reviews of the book to market value of the investment pool and an annual review of the goals and strategi s of the investment board. If there are changes in the management of the Local Agency Investment Fund, and there is a conflict with the City's investment goals, the City may elect to disconince investment in LAIF. It should be noted that, per LAIF's investment policy, no more than 10$ of its portfolio may be invested in Reverse Repurchase Agreements. Since these types of investments are extremely sophisticated, the City of Diamond Bar chooses not to individually invest in these types of securities but will participate L IF's investment in these as long as the percentage of the port alio remains at 100 or less. POLICY CONSTRAINTS The City opera es its imposed constraints. investment pool with many State and slelf- The City does not purchase or sell securities on margin. The City does not buy stocks or deal in futures or options. The City does not use Reverse Repurchase Agreements for investment of funds. the The City does not invest in Guaranteed Small Business Administration (SBA) Notes. SAFEKEEPING OF SECURITIES The City of Diamond Bar will adopt the operational practic of having all purchased securities physically delivered, versus payinent to a safekeeping account at the City's depository bank. It is recognized this will be to a third party independent custodian under contractual agreement made with the Security Services Divisio of the chosen bank. Investment transactions will be authorized by the City Treasurer and executed by either the Accounting Manager or the Deputy City Cl rk. The transactions will be verified via monthly reconciliations by the Senior Accountant. Page 5 - Investment Policy D V DnD R+ T'Kli- A monthly report of investments will be provided to the Icity Manager. The required elements of this report are as follows: a) Type of investment b) Institution c) Date of Maturity d) Amount of deposit or cost of security e) Current market value of securities with maturitj in excess of twelve months f) Statement relating the report to the Statement of Investment Policy g) Rate of interest h) Statement that there are sufficient funds to meet the next six months' obligations The basic premise underlying the City of Diamond Bar's investment philosophy is to insure that money is always available when ne ded. Attachment: Appendix A - Description of Investments Appendix B - Broker Dealer Questionnaire Appendix C - Local Agency Investment Fund Descri tion errence L. Belange City Manager Appendix A Description of Investments U.S. Treasury Issues are direct obligations of the United States Government. These issues are called bills, notes and bonds. The maturity range of new issues is from 13 weeks (T -Bills) to 30 ears (T -Bonds). These are highly liquid and are considered the safest investment security. Federal Agency securities are issued by direct U.S. Government agencies or quasi -government agencies. Many of these issues are guaranteed directly or indirectly by the United States Government. Examples of these securities are Federal Home Loan Bank (FHLB) notes, Federal National Mortgage Associations (FNMA) notes, Federal Farm Credit Bank (FFCB) notes, Small Business Administration (SBA) notes, Government National Bank (GNMA) notes, Federal Home Loan Mortgage Credit (FHLMC) notes and Student Loan Association (SAL ) notes. Investment in these types of securities is limited to 20% of the portfolio. Local Agency Investment Fund (LAIF) is a special fund in the State Treasury which local agencies may use to deposit funds for investment. There is no minimum investment period and the minimum transaction is $5,000, in multiples of $1,000 above that, with a maximum of $20 million for any agency_ It offers high liquidity because deposits can be converted to cash in twenty-four hours and no interest is lost. All interest is distributed to those agen ies participating on a proportionate share determined by the amo nts deposited and the length of time they are deposited. Interes is paid quarterly via direct deposit into the agency's LAIF accou t. The State keeps an amount for reasonable costs of making the investments, not to exceed one-quarter of one percent of the earnings. Certificates of Deposit are investments for inactive funds issuei by banks, savings and loans and credit unions. Investments of $100,000 are insured respectively by Federal Deposit Insurance Corpora ion (FDIC), Federal Savings and Loan Insurance Corporation (FSLIC) and the National Credit Union Share Insurance Fund (NCUS F). Certificates of Deposit can be issued from 14 days to several years in maturity allowing the City of Diamond Bar's investment of funds to be matched to cash flow needs. For deposits exceeding $100,000 the financial institution is required to collateralize with 100 government securities collateral. City of Diamond Bar does not accept 150% Collateral (First Trust Deeds) or 105% Letters of Cr dit (L.C.). Negotiable Certificates of Deposit are unsecured obligations of the financial institution. These securities are generally issuet in bearer form and pay interest at maturity. Although negotiabl , a strong secondary market exists only in the NCD's issued by the largest United States banks. Examples of large banks include ank Page 2 - Appendix A of America, Citibank, Chase Manhattan, Manufacturers Hanover, These securities generally trade with minimum amounts of $1 mi] per trade with the average trade in the secondary market o million. etc. lion E $5 Investment in Negotiable Certificates of Deposit is limited tc 300 of the investment portfolio per Government Code Section 53601.1 Bankers Acceptances are short-term credit arrangements to enable businesses to obtain funds to finance commercial transactions. They are time drafts drawn on a bank by an exporter or importer to obtain funds to pay for specific merchandise. By its acceptance, the bank becomes primarily liable for the payment of the draft at maturity. An acceptance is a high grade negotiable instrument. Acceptances are purchased in various denominations for 30 to 180 days but no longer than 270 days. The interest is calculated on a 360 day discount basis similar to Treasury Bills. Investment in Banker's Acceptances is limited to 40% of the investment portfolio per Government Code Section 53601. Commercial Paper is a short term unsecured promissory note issued by a corporation to raise working capital. These negotiable instruments may be purchased at a discount to par value or interest bearing. Commercial paper is issued by corporations such as General Motors Acceptance Corporation (GMAC), Shearson American Express, Bank of America, Wells Fargo Bank, etc. Local agencies are permitted by state law to invest in commer ial paper of "prime" quality of the highest ranking or of the hig est letter and numerical rating as provided by Moody's Investor's Service, Inc. or Standard & Poors Corporation. Purchases of eligible commercial paper may not exceed 180 days maturity nor exceed fifteen percent of the local agency's surplus funds. An additional fifteen percent (for a total of 30%) can be investej in Commercial Paper provided the average maturity of invested fund3 in Commercial Paper does not exceed 30 days. Investment in Commercial Paper is limited to 30$ of the invest ent portfolio and loo of the issuing corporation per Government ode Section 53601. Medium Term Corporate Notes are unsecured promissory notes issue( a corporation organized and operating in the United States. T] are negotiable instruments and are traded in the secondary mar] Medium Term Notes (MTN) can be defined as extended matui commercial paper. Corporations use these MTN's to raise capii Examples of MTN issuers are General Electric, GMAC, Citibank, WE Fargo Bank, etc. Investment in Medium Term Corporate Notes limited to 300 of the investment portfolio per Government C 53601. Notes must be rated "A" or better. 3 by iese 'et. 'ity :al. gills is :ode Page 3 - Appendix A Passbook Savings Account is a certificate of deposit issued ir any amount for a non specified amount of time. Interest rate is much lower than CD's but the savings account allows flexibility. Funds can be deposited and withdrawn according to daily needs. Mutual Funds are referred to in the Government Code, Section 53601, K, as "shares of beneficial interest issued by diversified management companies". The Mutual Fund must be restricted by its by-laws to the same investments as the local agency by the Government Code. These investments are Treasury issues, Federal Agency issues, State of California and City (within California) debt obligations, Certificates of Deposit, Repurchase Agreements, Reverse Repurchase Agreements, Financial Futures and Financial Options and Medium Term Corporate Notes. The quality rating and percentage restrictions in each investment category applicable to the local agency also applies to the Mutual Fund. Additional limitations apply to such manage ent companies or their investment advisors. The City may not invest in a mutual fund which invests in derivative types of products. The purchase price of shares of mutual funds shall not include sales commission. Investments in mutual funds shall not exceed fifteen percent of local agency's investment portfolio. any the Active Deposits are demand or checking accounts which recive revenues and pay disbursements. Money Market Funds are comprised of short term government securities, certificates of deposit and highly rated commercial paper. Average length of maturity is twenty to fifty days. M ney Market Funds are 1000 liquid at any time. Repurchase Agreements and Reverse Repurchase Agreements are short term investment transactions. Banks buy temporarily idle funds from a customer by selling him U.S. Government or other securities With a contractual agreement to repurchase the same securities on a future date_ Repurchase agreements are typically one to ten days in maturity. The customer receives interest from the bank. The interest rate reflects both the prevailing demand for Federal F nds and the maturity of the REPO. Some banks will execute repurcliase agreements for a minimum of $100,000, but most banks have a minimum of $500,000. A reverse -repurchase agreement (reverse -repo) is exactly what the name implies. The City of Diamond Bar does NOT invest in Reverse Repurc ase Agreements. Financial Futures and Financial Options are forward contractsfor securities. The government code states that a local agency may incur future contracts/options in any of the investment securi ies Page 4 - Appendix A enumerated in Section 53601 A -N. Due to the volatility of trading in financial futures the City of Diamond Bar does NOT invest in financial futures of financial options. Derivative Products are structured products which limits, through imbedded options, the flow of principal and or interest to the note holder. This limitation could be on how fast payments are received, how much principal is returned, or how high or low a coupon can move. Derivative is also a broad term referring to any securitywhich derives its value from another underlying asset. The City of Diamond Bar does NOT invest in derivative productsl. APPENDIX B CITY OF DIAMOND BAR BROKER/DEALER QUESTIONNAIRE AND CERTIFICATION 1. Name of Firm: 2. Address: 3. Telephone: ( ) ( ) 4. Broker's Representative to the City (attach resume): Name: Title: Telephone: ( ) 5. Manager/Partner-in-Charge (attach resume) Name: Title: Telephone: ( ) 6. List all personnel who will be trading with or quoting securities to City employees (attach resume) Name: Title: Telephone: ( ) ( ) 7. Which of the above personnel have read the City's investor nt policy? 8. Is your firm a primary dealer in United States Government Securities? Yes No CITY OF DIAMOND BAR Broker/Dealer Questionnaire and Certification Name of Firm: Page Two 9. List the total volume of United States Government and Securities for the last calendar year. Firm -wide $ No. of Transactions Your local office $ No. of Transactions 10. Which instruments are offered regularly by your local office? Treasury Bills CMO's Treasury Notes/Bonds Bank CD's BA's (domestic) S & L CD's BA's (foreign) Repos Commercial Paper Reverse Repos Agencies (specify): Other (specify 11. References -- Please identify your most directly comparable public sector clients in our geographical area. Entity Contact Telephone ( ) { ) Client Since CITY OF DIAMOND BAR Broker/Dealer Questionnaire and Certification Name of Firm: Page Three 12. Have any of your clients ever sustained a loss on a securities transaction arising from a misunderstanding or misrepresentation of the risk characteristics of the instrument? If so, explain. 13. Has your local office ever subject to a regulatory or state/federal agency investigation for alleged improper, fraudulent, disreputable or unfair activities related to the sale of securities? Have any of your employees been so investigated? If so, explain. 14. Has a client ever claimed in writing that your firm was responsible for investment losses? If so, explain. 15. Explain your normal custody and delivery process. Who auits these fiduciary systems? Can you meet safekeeping requirements? CITY OF DIAMOND BAR Broker/Dealer Questionnaire and Certification Name of Firm: Page Four 16. How many and what percentage of your transactions failed ast month? Last year? 17. Describe the capital line and trading limits of the offi that would conduct business with the City of Diamond Bar 18. Does your firm participate in the S.I.P.C. insurance pro ram If not, explain. 19. What portfolio information, if any, do you require from clients? 20. What reports, transactions, confirmations and paper trailrill the City receive? 21. Does your firm offer investment training to your clients Yes No CITY OF DIAMOND BAR Broker/Dealer Questionnaire and Certification Name of Firm: Page Five 22. Please enclose the following: Latest audited financial statements. Samples of reports, transactions, and confirmations the City will receive. Samples of research reports and/or publications that firm regularly provides to clients. Complete schedule of fees and charges for various transactions. ***CERTIFICATION*** I hereby certify that I have personally read the Statement of Investment Policy of the City of Diamond Bar, and have impleme ted reasonable procedures and a system of controls designed to preclude imprudent investment activities arising out of transactions conducted between our firm and the City of Diamond Bar. All sales personnel will be routinely informed of the City's investrient objectives, horizons, outlooks, strategies and risk constraints whenever we are so advised by the City. We pledge to exercise due diligence in informing the City of Diamond Bar of all foresee ble risks associated with financial transactions conducted with our firm. Under penalties of perjury, the responses to this questionnaire are true and accurate to the best of my knowle ge. Signed Date Title Countersignature* Date Title * Company president or person in charge of government securities operations. Appendix B THE LOCAL AGENCY INVESTMENT FUND The Local Agency Investment Fund (LAIF), a voluntary program, created by statute, began under the Jesse Unruh Administration in 1977 as an investment altem for California's local governments and special districts. The enabling legislation for the LAW is Section 16429.1,2,3. This program offers participating agencies the opportur ity to participate in a major portfolio which daily invests hundred of millions of dollars, using the investment expertise of the Treasurer's Office Investment staff at no additional cost to the taxpayer. This in-house management team is comprised of civil servants. The LAIF is part of the Pooled Money Investment Account (PMIA). The PMIA began in 1953 and has oversight provide by the Pooled Money Investment Board (PMIB) and an in -ho se Investment Committee. The PMIB Board members are the State Treasurer, Director of Finance, and State Controller. The LAW has oversight by the Local Investment Advisory Board. The LAIF Board consists of five members a: designated by Statute. The Chairman is the State Treasurer, or his designated representative. Two members qualified by training and experience in the field of investment or finance, and two members who are Treasurers, finance or fisc officers or business managers, employed by any County, City or local district or municipal corporation of this state, are appointed by the State Treasurer. The term of each appointment is two years, or at the pleasure of the appointing authority. All securities are purchased under the authority of the Government Code Section 16430 and 16480.4. The State Treasurer's Office takes delivery of all securities purchased on delivery versus payment basis to a third party custodian. All investments are purchased at market, and a market valuation i conducted quarterly. Additionally, the PMIA has Policies, Goals and Objective! for the portfolio to make certain that our goals of Safety, Liquidi and Yield are not jeopardized and prudent management prevails. These policies are formulated by investment staff ani reviewed by both the PMIB and the Local Investment Advisory Board on an annual basis. The State Treasurer's Office is audited by the Departmen of Audits on an annual basis. Department of Audits also has a continuing audit process throughout the year. All investment and LAIF claims are audited on a daily basis by the State Controller's Office as well as an in-house audit process involving three separate divisions. It has been determined that the State of California canno declare bankruptcy under Federal -regulations, thereby allowing the Government Code Section 16429.3 to stand. This Section states that "money placed with the state treasurer for deposit in the LAW shall not be subject to impoundment or seizure by an state official or state agency." The LAIF has grown from 293 participants and $468 million in 1977 to 2,200 participants and $8.9 billion in 1995. MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL FROM: TERRENCE L. BELANGER, CITY MANAGER'' RE: ESTABLISHMENT OF SELF-INSURANCE AUTHORITY FOR EFFEC RISK MANAGEMENT (SAFER) DATE: JULY 1, 1997 ISSUE: Shall the City of Diamond Bar enter into a joint exercise of powers agreement to forr the Self -Insurance Authority for Effective Risk Management (SAFER)? RECOMMENDATION: It is recommended that the City Council approve RESOLUTION NO. 97 -XX " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THAT CERTAIN AGREEMENT ENTITLED "JOINT POWERS AGREEMENT OF THE SELF-INSURANCE AUTHORITY FOR EFFECTIVE MANAGEMENT DISCUSSION: The California Contract Cities Association (CCCA), on behalf of its members, has negotiated with the County of Los Angeles in an effort to reach agreement on how tile law enforcement and public works risk liability pool would be funded and managed. After years of discussion, the CCCA is recommending to its member cities that a joint exer ise of powers agreement (JPA) be entered into by those cities, which contract for law enforcement and/or public works services with the County of Los Angeles. The JP would create a self-insurance pool that would be controlled by the member cities and administered by the California JPIA. The proposed JPA would be the preferred alternative to having the County collect liability pool monies and to administer same. RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THAT CERTAIN AGREEMENT ENTITLED "JOINT POWERS AGREEMENT OF THE SELF-INSURANCE AUTHORITY FOR EFFECTIVE RISK MANAGEMENT" THE CITY COUNCIL DOES HEREBY RESOLVE AS FOLLOWS; SECTION 1, The City of Diamond Bar does hereby find, determine, and declare as a. Applicable law, including, without limitation, California Government Code Section 6500 et seq. provides that two or more public agencies may by agreement jointly exercise any powers which are common to the contracting parties. Applicable law, including without limitation, California Government Code Section 990.4, permits a local public entity to self -insure; to purchase insuran through an authorized carrier; to purchase insurance through a surplus lines broker, and/or to do any combination of the above. C, The public interest, convenience and necessity will be best served by the execution and implementation of the Joint Powers Agreement of the Self - Insurance Authority for Effective Risk Management ("SAFER") (the "Agreement") which will allow the parties hereto to pool their self-insured losses, purchase excess insurance and provide for administrative services in connection with a joint protection program; the City Council, based upon staff reports have found that it is economically feasible and practical for the parties to the Agreement to do so. SECTION 2. The City Council hereby approves the Agreement and authorizes the Mayor to execute the Agreement on behalf of the City in substantially the form attached h+ as Exhibit A. SECTION 3. The City Council hereby appoints Council Member serve as the City's principal appointee to the SAFER Board of Directors ("Representative"). SECTION 4. The City Council hereby appoints Council Member serve as the City's Alternate Representative to the SAFER Board of Directors in the the regular Representative. to to of r CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Honorable Mayor and Members of the City Council MEETING DATE: July 1, 1997 REPORT DATE: June 20, 1997 FROM: Terrence L. Belanger, City Manager TITLE: "Resolution 96-53C - A Resolution of the City of Diamond Bar setting forth personnel rules and regulations regarding the payment of salaries, sick leave, vacations, leaves of abs nces and other regulations" and budget adjustment. SUMMARY: At the June 17 Meeting, the City Council approved the 1997-98 budget, includin the reorganization plan. Included in the budget package was the recommendation that all employees receive a cost of living increase in salary and increase of $50.00 per month in the cafeteria benefit amount. The reorganization plan included the creation of several new positions (Deputy City Manager, Assistant Finance Director, Community Relations Officer, Secretary to the City Manager/Office Manager). The attached jalary resolution reflects a 2.1% cost of living increase as determined by the State of California Departm nt of Finance, $50 increase in cafeteria benefits and the newly created positions. RECOMMENDATION: Resolution 96-53C -A Resolution of the City of Diamond Bar setting forth pers nnel rules and regulations regarding the payment of salaries, sick leave, vacations, leaves of absences and other regulations and budget adjustment. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification X Resolution(s) _ Bid Specification (on file in CityClerk's office) Ordinance(s) X Other: Position Allocation Chart — Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been N/A _ Yes _ No reviewed 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: 101MIA a0*-yi F Terrence L. Bel n er Frank M. Usher , Kellee A. Fritzal City Manager Assistant City Manager Assistant to the City Manager City Of Diamond Bar Personnel Summary Fiscal Year 1997-98 FULL TIME 1996-97 1997-98 POSITION Aooroved Actual Proposed Appr -City Manager 1 1 1 1 -Assistant City Manager 1 1 0 C -Deputy City Manager 0 0 2 -Community Develop.Dir 1 1 0 -Assistant Finance Director 0 0 1 -Dir.Of Community Services 1 1 1 -City Clerk 1 1 1 -Accounting Manager 1 1 0 -Deputy Public Works Director 1 1 1 -Assistant to City Manager 1 1 1 -Associate Planner 0 0 1 -Senior Planner 1 1 1 -Senior Engineer 0 0 0 -Senior Accountant 1 1 1 -Supt of Parks & Maint 1 1 1 -Secretary to City Manager 1 1 0 I -Secretary to City Manager/Office Manager 0 0 1 -Administrative Assistant 2 2 1 -Community Relations Officer 1 1 0 I -Community Relations Manager 0 0 1 -Planning Technician 0 0 1 -Deputy City Clerk 1 1 1 -Administrative Secretary 3 3 3 -Secretary 0 0 1 -Assistant Planner 1 1 0 -Assistant Civil Engineer 1 1 1 -Code Enforcement Officer 1 1 1 -Maintenance Worker II 1 1 1 -Account Clerk II 1 1 1 -Community Services Coordinator 1 1 1 -Clerk Typist 1 1 0 Totals 26 26 26 PART TIME POSITION 1996-97 1997-98 Approved Actual Proposed AAM -Administrative Assistant 1 1 1 -Clerk Typist 1 1 1 -MIS Assistant 1 1 1 -Planning Technician 1 0 0 -Transportatin Clerk 1 1 1 -Comm. Serv.Coordntr. 2 1 1 -Comm. Serv. Leader II 2 2 2 -Comm. Serv. Leader 1 1 1 1 -Parks Maint.Helper 5 5 5 -Engineering Intern 1 1 1 -Planning Intern 0 0 0 -Adminstrative Intern 2 2 1 Totals 18 16 15 RESOLUTION NO. 96-53C RESOLUTION OF THE CITY OF DIAMOND BAR SETTING FORTH PERSONNEL R AND REGULATIONS REGARDING THE PAYMENT OF SALARIES, SICK LEAV VACATIONS, LEAVES OF ABSENCES, AND OTHER REGULATIONS THE CITY COUNCIL OF THE CITY OF DIAMOND BAR HEREBY RESOLVES, ORDERS, AND DETERMINES AS FOLLOWS: WHEREAS, the City Council has determined that it is necessary to the efficient ope tion and management of the City that rules and regulations be maintained prescribing sick 1 ave, vacation, leaves of absences, and other regulations for the officers and employees of the Cit ; and WHEREAS, it is necessary from time to time to establish comprehensive wage and schedules and to fix the rates of compensation to be paid to officers and employees of the ( NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Diamond Bar, California, as follows: SECTION 1. COMPREHENSIVE WAGE AND SALARY PLAN There is hereby established a Comprehensive Wage and Salary Plan for employees f the City of Diamond Bar. The Comprehensive Wage and Salary Plan is designed to provide for a fair and efficient framework for the administration of wages and is based upon the recommendations of the City Manager. SECTION 2. SALARY SCHEDULE Pursuant to Ordinance 21 (1989), the Diamond Bar City Council hereby establishes the salaries and the various full-time positions of the City of Diamond Bar. As of the pay period which is paid on July 11, 1997, the compensation of the various classes of positions shall be as shoi vn on Schedule A and B (attached). SECTION 3. FULL-TIME SALARY SCHEDULE GUIDELINES New employees shall be hired at the entry step or any step at the discretion of the City Manager and must successfully complete a one year probation period, At the end of six montl s, the employee will be given a performance evaluation and may be eligible for the next step. EveP7 year thereafter, employees shall be given a performance evaluation and shall move to each succ ssive step, so long as the employee's performance is satisfactory or above. RESOLUTION 96-53 C Page Two SECTION 4. PROBATION In an effort to monitor newly -hired employees, the probation period for newly -1 employees is one year. SECTION 5. MILEAGE REIMBURSEMENT Private automobiles are not to be used for the City business except as authorized. The Manager may authorize such use at the reimbursement rate equal to that set forth by the Int Revenue Service. Payments shall be based upon the most direct route to and from the destine and garage and parking expenses shall be paid in addition to the current rate, upon submissii paid receipts. aired City -real of SECTION 6. HEALTH, DENTAL, VISION, LIFE, DEFERRED COMPENSATfON, LONG TERM DISABILITY AND UNEMPLOYMENT INSURANCE. All full-time employees and designated permanent part time employees are eligible to re eive group health, dental, vision, life, deferred compensation, disability insurance and unemployment insurance within the City's group insurance carrier(s), with the administrative cost and premiums paid by the City to a maximum established in Section 7, after 30 days of employment. Depen ents of employees are eligible for health, dental and vision insurance. SECTION 7. FRINGE BENEFIT PACKAGE An employee benefit program is authorized wherein all officers, full-time employee and designated permanent part-time have a choice of medical and/or fringe benefits, as described in Section 6, in an amount not to exceed $620.00 a month, paid by the City. A. Employees, defined as Management shall receive an additional $30.00 per month to be applied as described in Section 6. B. All employees shall participate in the Life, Dental and Vision Insurance programs. The City shall pay the cost of the employee in addition to the benefit program described in Section 6 or Section 7(A). Monies in excess of the City's 457 Plan shall be paid off annually d ring each December. C. All eligible employees may participate in the City's 401(A) deferred compensation SECTION 8. PART-TIME EMPLOYMENT Hourly compensation for the various part-time positions shall be as set forth in Schedle B (attached). RESOLUTION 96-53 C Page Three SECTION 9. STATUS OF EMPLOYMENT All employees serve under the City Manager, pursuant to Government Code Section 31856. Per Government Code Section 36506, nothing in these rules and regulations shall be constru d to provide employees with any tenure or property interest in employment. SECTION 10. PUBLIC EMPLOYEES' RETIREMENT SYSTEM - DEFE COMPENSATION The City of Diamond Bar shall pay the employee contribution of said employee salary State Public Employees' Retirement System (PERS) as deferred income. SECTION 11. PAY PERIODS The compensation due to all officers and employees of the City shall be on a bi-weekly I SECTION 12. PAY DAYS Warrants or checks in the payment of compensation shall be made available by the C employees and officers of the City on the Friday succeeding the close of any given pay perio an event that pay day falls on a holiday, all warrants or checks in payment of compensation sh made available to the City employee on the last work day preceding the holiday. SECTION 13. WORKING HOURS AND OVERTIME A. Eight (8) hours, exclusive of lunch period, shall constitute a day's work for all full employees. 12 the )asis. ity to 1. In ill be time The official work week of the City of Diamond Bar shall be five (5) working days of eight (8) hours each It shall be the duty of each Department Head to arrange the work of their Department so that each employee therein shall not work more than five (5) days in each calendar week. The City Manager may require an employee to temporarily perform s rvice in excess of five (5) days per week when public necessity or convenience so requirej, C Whenever an employee, other than an Management employee, shall be required to w rk overtime, beyond 40 hours per week, such person shall receive compensation for such overtime worked at one and one-half (1 112) times the regular rate of pay, provided they have completed a full 40 hour work week. RESOLUTION 96-53 C Page Four D. Any full time employee, other than an Management Team Member, who is required work on an observed holiday beyond the regular 40 hour work week, shall be entitle pay at the rate of two (2) times the regular rate of pay provided they have worked a hour work week. E. There is nothing contained within this Section to exclude the City from implementi 4-10 Pian at their option. SECTION 14. ANNUAL VACATION A. A full time employee, after twelve (12) months continuous service with the City of Diamond Bar, shall be entitled to a vacation of ten (10) work days per year, to be a+ at a rate of 3.08 hours per pay period. YEARS OF SERVICE VACATION ACCRUAL 10 days 15 days 20 days B. Vacation time may be accumulated to a maximum of twenty (20) days (160 hours). City Manager may approve vacation time accruals exceeding twenty (20) days. to a C. The total vacation allowance shall be computed to the nearest whole day, based upo� the number of full months of City service. D. In the event one or more municipal holidays follow accumulated vacation leave, suc days shall not be charged as vacation leave and the vacation leave shall be extended accordingly for those employees eligible for such holidays. E. An employee shall take vacation at such time during the calendar year based upon regard to the needs of the employee's services and the work schedule. F. Vacation shall be taken during the year following which the vacation privilege has earned. G. The time set for the vacation of the City Manager shall be subject to the approval of City Council. H. Employees who terminate shall be paid the salary equivalent to all accrued vacation earned after one (1) year of service has been completed, prior to the effective date of termination. the RESOLUTION 96-53 C Page Five All vacation requests shall be made at least ten (10) days in advance and prior must be given by employee's supervisor and Department Head. If an employee does not request time off in advance and simply does not show up for work, the City Manager may deny the use of vacation time or other benefit for the tin off, and said employee is subject to disciplinary action including discharge. K. Management employees, for the purpose of accrual, shall be credited with previous municipal experience, up to five (5) years of service. SECTION 15. SICK LEAVE A. Sick leave with pay shall be accrued by full-time employees at a rate of 3.08 hours pay period. B. After six (6) months of continuous service the employee is eligible to use sick leave. C. Unused sick leave may be accumulated to a maximum total not to exceed 160 hours. Absence or illness may not be charged to sick leave if not already accrued and/or accumulated. D. Each full time employee shall be paid one-half (112) of the unused balance of the annually accrued sick leave, accrued during a given accrual year, when the then annual accrual results in sick leave in excess of the maximum allowable accumulation of 16 hours. The sick leave payout shall only apply to the amount which is in excess of the maximum allowable accumulated amount of 160 hours. The annual accrued sick leave, over the maximum accumulation, shall be paid once a year, at the employee's curren wage at the time of payment. Said payment is to be made on the first day in Decem er, or at such other time as the City Manager may determine, at his/her absolute discretion, as appropriate. E. Sick leave shall be allowed only in case of necessity and actual sickness or disability of the employee or dependent family members, as determined by the City Manager. In order to receive sick leave with pay, the employee shall notify the Department Head prior to or within two (2) hours after the time set for beginning daily duties. The City Manager may, if he/she deems necessary, require the employee to file a Physician's Certifscat or a Personal Affidavit stating the cause of absence. F. Sick leave shall not accrue to any employee for any month in which that employee i on unpaid leave and does not work a minimum of ten (10) eight (8) hour working days n any one month or combination thereof. RESOLUTION 96-53 C Page Six G. If an employee does not show up for work and does not call in within two hours, the Manager may deny use of sick leave for the unauthorized time off, and employee is subject to disciplinary action. H. Employees using all accumulated sick leave may be deemed to have abandoned their employment. After five (5) years of service, when an employee retires, resigns or terminates in goc standing, that employee will be paid all accumulated sick leave at a rate of one-half of the employee's current rate of pay at his/her date of termination. SECTION 16. BEREAVEMENT LEAVE When circumstances are such and the City Manager determines that conditions warn three (3) paid bereavement leave days may be granted in the event of death of a relative of a time employee. "Relative" is defined as spouse, parents, children, step -children, brother, sisi grandparents, grandchildren, half-brothers, half-sisters, aunts, uncles, or other individuals rel by blood or marriage. SECTION 17. UNAUTHORIZED LEAVE If an employee does not show up for work for three consecutive work days without notifying said employee's supervisor or Department Head, said employee shall be conside have voluntarily terminated employment with the City. SECTION 18. ON-THE-JOB INJURY Whenever a person is compelled to be absent from employment with the City on ac( of injury arising out of or in the course of that employee's employment as determined by the Workers' Compensation Act, the employee may elect to apply pro -rated accrued sick leave, any, to such absence to receive compensation of an amount of the difference between the compensation received under the Workers' Compensation Act and that employee's regular not to exceed the amount of the employee's earned sick leave. An employee in such instant also elect to use any earned vacation time in like manner after sick leave is exhausted. The will pay the employee up to three (3) days of that employee's regular salary as it relates to a the -job injury and if not covered by Workers' Compensation. )ty /2) to may ity on- RESOLUTION 96-53 C Page Seven SECTION 19. JURY DUTY If a full-time employee is called for jury duty, such person shall receive regular pay actually performing jury service, however, any amount received by such employee as paym+ for services as juror shall be reimbursed to the City. All mileage paid to the employee as a j1 shall not be considered as a reimbursable item to the City. SECTION 20. ATTENDANCE Full time employees shall be in attendance at their work in accordance with the rules regarding hours of work, holidays, and leave. Departments shalt keep attendance records of employees. Absence of any employee without leave may result in possible disciplinary actic including discharge. SECTION 21. HOLIDAYS lQl lel A. Holidays which fall on Saturday shall be observed on the preceding Friday, and holi ays which fall on Sunday shall be observed on the following Monday. Paid holidays are only for the observed days. B. The City of Diamond Bar's observed paid holidays are as follows: 1. New Year's Day (January 1) 2. Washington's Birthday (observed the third Monday in February) 3. Memorial Day (observed the last Monday in May) 4. Independence Day (July 4) 5. Labor Day (observed first Monday in September) 6, Veteran's Day (November 11) 7. Thanksgiving Day 8. Day following Thanksgiving Day 9. Christmas Eve (December 24) 10. Christmas Day (December 25) 11. Two (2) Floating Holidays SECTION 22. FLOATING HOLIDAYS A, Each full time employee is allowed two (2) floating holidays (8 hours each) per cal year, January through December. B. Floating Holidays are not cumulative and must be used during the above period or s id employee will lose the allocated hours. RESOLUTION 96-53 C Page Eight C. Each employee must submit a request in advance, and approval must be giv the employee's supervisor and Department Head. D. A full time employee is eligible to use a floating holiday after 30 days of continuous employment. E. by Floating Holidays may be used in lieu of sick leave only if all other benefit tine has been exhausted. SECTION 23. TRAINING PLAN The City Manager and employees of the City are eligible to request specialized training in form of symposiums, special courses, forums, etc., at the City's expense. SECTION 24. LEAVE OF ABSENCE Leave of absence without pay may only be granted by the City Manager. SECTION 25. RESIGNATION An employee wishing to terminate employment in good standing shall file a written resignation with the City Manager stating the effective date and reasons for leaving, at least tw (2) weeks prior to the resignation. Failure to give such notice shall mean the employee did lot terminate in good standing, unless by reason of hardship and upon that employee's request, he City Manager has waived the two week notice requirement. SECTION 26. ANTI -NEPOTISM PROVISION A Relatives of those listed below may not be employed anywhere in the City organizaion: 1. City Council Members; 2. Standing Board and Commission members; 3. Management Team Members of the City; 4. Employees of the City Manager's Department; or 5. Employees of the Personnel Department. The employment of a relative within a department is prohibited when they: 1. Perform joint duties; 2. Share responsibility of authority, 3. Function in the same chain of command; and 4. Work on the same shift at the same work site. RESOLUTION 96-53 C Page Nine C. for business reasons of supervision, safety, security or morale, the City may refuse to place one spouse under the direct supervision of the other spouse. D. For business reasons of supervision, safety, security or morale, an employer may ret place both spouses in the same department, division, or facility if the work involves potential conflicts of interest or other hazards greater for married couples than other persons. E. "Relative" means child, step -child, parent, grandparent, grandchild, brother, sister, f brother, half-sister, aunt, uncle, niece, nephew, parent -in-law, brother -in law, sister - law, or another individual related by blood or marriage. F. "Employee" means any person who receives a City paycheck for services rendered to City. SECTION 27. NON-DISCRIMINATION The City of Diamond Bar does hereby affirm to adopt and support a policy of non- discrimination with regard to all phases of personnel recruitment, selection and appointment. The City further declares that it will not exclude from participation in, deny the benefits to, c subject to discrimination any person on the basis of race, religion, nationality, sex, age or handicap, thereby affirming the City of Diamond Bar's posture as an equal opportunity empl SECTION 28. EMPLOYEE PERFORMANCE EVALUATION APPEALS PROCEDURES It is the intent of the City to offer fair and equitable appeals procedures for emp performance evaluations. Below are the official guidelines. A. Employee and supervisor meet to review and discuss the employee's performance evaluation. B. The employee may respond in writing to the contents of the evaluation. This respon must be submitted to the Department Head within five (5) working days immediate]: following the evaluation. ;e to f - the C. The Department Head, as the reviewing official, shall respond in writing to the emp] yee within five (5) working days. This response becomes an official part of the evaluation. D. If the employee chooses to continue to appeal following the response from the reviewing official, the employee must submit an additional written response to the Personnel Ifficer within five (5) working days after receipt of the reviewing official's response. RESOLUTION 96-53 C Page Ten E. The Personnel Officer shall review the evaluation appeal within five (5) days with t employee, supervisor and Department Head. Every effort will be made at this level resolve the appeal. F. If the matter is not settled, a written appeal may be submitted to the City Manager by he employee within five (5) working days following the decision rendered in writing by he Personnel Officer. G. The City Manager shall review the appeal with the employee, supervisor, Departmen head and Personnel Officer. The decision shall be rendered in writing within five (5) working days by the City Manager, and the decision of the City Manager shall be fin SECTION 29. POST OFFER PHYSICAL EXAMS All individuals who become a candidate for City employment must successfully pass post -offer physical and substance abuse exams and are subject to fingerprinting and a background investigation. The candidates being considered for employment will be sent to a City authorized physician at the City's expense. SECTION 30. EMERGENCY CALL -OUT POLICY The following Emergency Call -Out Policy shall be adhered to: A. When a full time employee or permanent part-time, other than an Managemetit employee, is called out for a City emergency, the employee shall be given a minimum of two hours pay, regardless of the amount of time it takes to rectif y the problem. B. The employee shall be paid overtime per Section 13. SECTION 31. ADMINISTRATIVE LEAVE Management employees are allowed two (2) days of administrative leave per fiscal a Additional days of leave may be authorized by the City Manager, based on the number of to al hours the individual works over and above 40 hours per week. A. Management employees do not receive paid overtime, and this leave is to recognize hose employees who work over and above 40 hours per week. RESOLUTION 96-53 C Page Eleven B. Following is a list of Management Team Member positions: Assistant City Manager Assistant to the City Manager Assistant Finance Director Assistant Public Works Director City Clerk City Engineer/Director of Public Works Deputy City Manager Deputy Public Works Director Director of Community Development Director of Community Services Accounting Manager Administrative Assistant Assistant Civil Engineer Assistant Planner Associate Engineer Associate Planner Community Relations Officer Community Relations Manager Secretary to the City Manager Secretary to the City Manager/Office Manager Senior Accountant Senior Engineer Senior Planner Superintendent of Parks & Maintenance C. Administrative leave may not be accumulated and carried over to the following year, must be used by June 30 of each fiscal year. Leave maybe granted in hourly increm Requests shall be submitted to employee's immediate supervisor for approval, then forwarded to the City Manager for approval. Administrative leave will be authorizec the convenience of the City and the work schedule. SECTION 32. MEDICARE Pursuant to Revenue Billing 86-68 of the Internal Revenue Code, all employees after March 31, 1987 will have 1.45 percent of their base salary deducted from their pa, be paid to Medicare. The City will match the 1.45 percent as mandated by law. It ,nt at to RESOLUTION 96-53 C Page Twelve SECTION 33. IMMIGRATION REFORM AND CONTROL ACT OF 1986 In compliance with the Immigration Reform and Control Act of 1986, all new empl must verify identity and entitlement to work in the United States by providing required documentation. SECTION 34. EXTENDED BENEFITS - COBRA The Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) provides f the continuation of health care coverage to certain employees who terminated employment beneficiaries of employees who die, become disabled or are divorced. Employees become eligible for continued coverage upon termination of service, whether voluntary or not (other termination for gross misconduct), retirement or reduction in hours worked. For these emph and their dependents, continued coverage is available for 18 months, at their expense. SECTION 35. TUITION REIMBURSEMENT Subject to Council fiscal year budget authorization, each employee shall be entitled ti reimbursement in the amount of $500 per fiscal year, for college -level or university -level educational courses (including tuition and related books), which have been approved by the personnel Officer or his/her designate as being job-related and of value to the City. Reimbursement under this Section is contingent upon the verification of the attainment of a 1 grade of "C" or better, or in those cases where no letter grade is given, verification of comph of the course with a "Pass" or "Credit" grade and submittal of a receipt for registration bearir the name of the course, for which reimbursement is being requested. In the case of reimbursement for books for any approved/verified course; a syllabus, course reading list or course outline showing the book as being required for the course, plus a receipt bearing the t of the book shall be submitted. SECTION 36. PART TIME EMPLOYEES' RETIREMENT Effective July 1, 1991, part time, seasonal and temporary employees will be covered retirement system, under Social Security (OASDI). An employee's contribution rate shall bE 6.2% on wages up to $61,200. The employer's tax rate is the same. Election workers and emergency workers are excepted from coverage, under this section. han etter by a RESOLUTION 96-53 C Page Thirteen ADOPTED AND APPROVED THIS day of 11997 Mayor I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on the day of 1997, by th following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ATTEST: LYNDA BURGESS, City Clerk of the City of Diamond Bar CITY OF DIAMOND BAR SALARY RANGES BY POSITION FY 1997-98 (2.1% Increase) JOB TITLE A B C D E F Receptionist 834 8.34 8.75 _ 9.19 9.65 10.13 10.64 1,444.98 1,517.23 1,593.09 1,672.74 1,756.38 1,844.20 Account Clerk I 17,339.74 18,206.73 19,117.06 20,072.92 21,076.56 22,130.39 Jr. Clerk Typist 965 9.65 10.13 10.64 11.17 11.73 12.32 1,672.74 1,756.38 1,844.20 1,936.41 2,033.23 2,134,89 A duunstrative 20,072.93 21,076.57 22,130.40 23,236.92 24,398.77 25,618.71 Community Services 967 9.67 10.15 10.66 11.19 11.75 12.34 Coordinator 1,675.94 1,759.73 1,847.72 1,940.11 2,037.11 2,138.97 20,111.25 21,116.81 22,172.65 23,281.29 24,445.35 25,667.62 Clerk Typist 1037 10.37 10.89 11.44 12.01 12.61 13.24 1,798.21 1,888.12 1,982.52 2,081.65 2,185.73 2,295.02 21,578.48 22,657.40 23,790.27 24,979.78 26,228.77 27,540.21 Account Clerk I 1037 10.37 10.89 11.44 12.01 12.61 13.24 1,798.21 1,888.12 1,982.52 2,081.65 2,185.73 2,295.02 21,578.48 22,657.40 23,790.27 24,979.78 26,228.77 27,540.21 A duunstrative 1136 11.36 11.93 12.53 13.15 13.81 14.50 Analyst 1,969.51 2,067.99 2,171.39 2,279.96 2,393.96 2,513.65 23,634.16 24,815.87 26,056.66 27,359.49 28,727.47 30,163.84 Secretary 1141 11.41 11.98 12.58 13.20 13.87 14.56 1,977.19 2,076.05 2,179.85 2,288.85 2,403.29 2,523.45 23,726.29 24,912.60 26,158.23 27,466.14 28,839.45 30,281.42 Account Clerk 11 1141 11.41 11.98 12.58 13.20 13.87 14.56 1,977.19 2,076.05 2,179.85 2,288.85 2,403.29 2,523.45 23,726.29 24,912.60 26,158.23 27,466.14 28,839.45 30,281.42 Code Enforcement 1193 11.93 12.53 13.15 13.81 14.50 15.23 Offrcer 2,068.11 2,171.52 2,280.09 2,394.10 2,513.80 2,639.49 24,817.34 26,058.20 27,361.11 28,729.17 30,165.63 31,673.91 Parks Maintenance 1203 12.03 12.63 13.26 13.93 14.62 15.35 Worker H 2,085.34 2,189.61 2,299.09 2,414.04 2,534.75 2,661.48 25,024.1.0 26,275.31 27,589.08 28,968.53 30,416.96 31,937.80 Deputy City Clerk 1257 12.57 13.20 13.86 14.55 15.28 16.04 2,179.08 2,288.03 2,402.44 2,522.56 2,648.69 2,781.12 26,148.96 27,456.41 28,829.23 30,270.69 31,784.23 33,373.44 Administrative 1257 12.57 13.20 13.86 14.55 15.28 16.04 Secretary 2,179.08 2,288.03 2,402.44 2,522.56 2,648.69 2,781.12 26,148.96 27,456.41 28,829.23 30,270.69 31,784.23 33,373.44 Schedule A G 11.17 1,936.41 23,236.91 12.93 2,241.64 26,899.64 12.96 2,245.92 26,951.00 13.90 2,409.77 28,917.22 13.90 2,409.77 28,917.22 15.23 2,639.34 31,672.03 15.29 2,649.62 31,795.49 15.29 2,649.62 31,795.49 15.99 2,771.47 33,257.60 16.12 2,794.56 33,534.69 16.85 2,920.18 35,042,11 16.85 2,920.18 35,042.11 CITY OF DIAMOND BAR SALARY RANGES BY POSITION FY 1997-98 (2.1% Increase) JOB TITLE A B C D E F _ Adiui►ristrative 1257 12.57 13.20 13.86 14.55 15.28 16.04 Assistant 2,179.08 2,288.03 2,402.44 2,522.56 2,648.69 2,781.12 26,148.96 27,456.41 28,829.23 30,270.69 31,784.23 33,373.44 Management 1257 12.57 13.20 13.86 14.55 15.28 16.04 Information System 2,179.08 2,288.03 2,402.44 2,522.56 2,648.69 2,781.12 (MIS) Assistant 26,148.96 27,456.41 28,829.23 30,270.69 31,784.23 33,373.44 Engineering 1519 15.19 15.95 16.75 17.59 18,47 19.39 Technician 2,633.35 2,765.02 2,903.27 3,048.44 3,200.86 3,36090 31,600.25 33,180.26 34,839.27 36,581.24 38,410.30 40,330.81 Plan.nilig 1519 15.19 15.95 16.75 17.59 18,47 I9.39 Technician 2,633.35 2,765.02 2,903.27 3,048.44 3,200.86 3,360.90 31,600.25 33,180.26 34,839.27 36,581.24 38,410.30 40,330.81 Comn►unity Relations 1519 15.19 15.95 16.75 17.59 18.47 19.39 Coordinator 2,633.35 2,765.02 2,903.27 3,048.44 3,200.86 3,360.90 31,600.25 33,180.26 34,839.27 36,581.24 38,410.30 40,330.81 Secretary to the 1635 16.35 17.16 18.02 18.92 19.87 20.86 City Manager 2,833.35 2,975.02 3,123.77 3,279.96 3,443.96 3,616.16 34,000.23 35,700.25 37,485.26 39,359.52 41,327.50 43,393.87 Assistant Civil 1635 16.35 17.16 18.02 18.92 19.87 20.86 Engineer 2,833.35 2,975.02 3,123.77 3,279.96 3,443.96 3,616.16 34,000.23 35,700.25 37,485.26 39,359.52 41,327.50 43,393.87 Assistant Planner 1635 16.35 17.16 18.02 18.92 19.87 20.86 2,833.35 2,975.02 3,123.77 3,279.96 3,443.96 3,616.16 34,000.23 35,700.25 37,485.26 39,359.52 41,327.50 43,393.87 Sec to the City Mgr/ 1890 18.90 19.84 20.83 21.88 22.97 24.12 Office Manager 3,275.60 3,439.38 3,611.35 3,791.92 3,981.51 4,180.59 39,307.22 41,272.58 43,336.21 45,503.02 47,778.17 50,167.08 Schedule A G 16.85 2,920.18 35,042.11 16.85 2,920.18 35,042.11 20.36 3,528.95 42,347.35 20.36 3,52895 42.347.35 20.36 3,528 95 42,347.35 21.91 3,796.96 45,563.56 21.91 3,796.96 45,563.56 21.91 3,796.96 45,563.56 25.32 4,389.62 52,675.43 Community Relations 1897 18.97 19.92 20.92 21.96 23.06 24.21 25.42 Manager 3,288.38 3,452.80 3,625.44 3,806.71 3,997.05 4,196 9 4,406.74 39,460.55 41,433.58 43,505.25 45,680.52 47,964.54 50,362.7 52,880.91 Assistant to the 1897 1897 19.92 20.92 21.96 23.06 24.21 25.42 City Manager 3,288.38 3,452.80 3,625.44 3,806.71 3,997.05 4,196.9 4,406.74 39,460.55 41,433.58 43,505.25 45,680.52 47,964.54 50,362.7 52,880.91 Superinteudent of 1897 18.97 19.92 20.92 21.96 23.06 24.21 25.42 Parks/Maintenance 3,288.38 3,452.80 3,625.44 3,806.71 3,997.05 4,196.9 4,406.74 39,460.55 41,433.58 43,505.25 45,680.52 47,964.54 50,362.7 52,880 91 Schedule A CITY OF DIAMOND BAR SALARY RANGES BY POSITION FY 1997-98 (2.1% Increase) JOB TITLE Senior Accountant A 1897 18.97 B 19.92 C 20.92 D 21.96 E 23.06 _F 24.21 G_ 25.42 3,288.38 3,452.80 3,625.44 3,806.71 3,997.05 4,196.90 4,406.74 39,460.55 41,433.58 43,505.25 45,680.52 47,964.54 50,362.77 52,880.91 Associate Planner 1987 19.87 3,444.32 20.86 3,616.54 21.91 3,797.36 23.00 3,987.23 24.15 4,186.59 25.36 4,395.92 26.63 4,615.72 41,331.84 43,398.43 45,568.35 47,846.77 50,239.11 52,751.06 55,388.62 Associate Engineer 1987 19.87 3,444.32 20.86 3,616.54 21.91 3,797.36 23.00 3,987.23 24.15 4,186.59 25.36 4,395.92 26.63 4,615.72 41,331.84 43,398.43 45,568.35 47,846.77 50,239.11 52,751.06 55,388.62 Transportation 1987 19.87 3,444.32 20.86 3,616.54 21.91 3,797.36 23.00 3,987.23 24.15 4,186.59 25.36 4,395.92 26.63 4,615.72 Planner 41,331.84 43,398.43 45,568.35 47,846.77 50,239.11 52,751.06 55,388.62 Accounting Manager 2039 20.39 3,535.01 21.41 3,711.76 22.48 3,897.34 23.61 4,092.21 24.79 4,296.82 26.03 4,511.66 27.33 4,737.25 42,420.08 44,541.08 46,768.14 49,106.54 51,561.87 54,139.96 56,846.96 Senior Planner 2136 21.36 3,702.64 22.43 3,887,78 23.55 4,082.16 24.73 4,286.27 25.96 4,500.59 27.26 4,725.62 28.63 4,961.90 44,431.72 46,653.30 48,985.97 51,435.27 54,007.03 56,707.38 59,542.75 Senior Engineer 2136 21.36 3,702.64 22.43 3,887.78 23.55 4,082.16 24.73 4,286.27 25.96 4,500.59 27.26 4,725.62 28.63 4,961.90 44,431.72 46,653.30 48,985.97 51,435.27 54,007.03 56,707.38 59,542.75 Assistant Finance 2319 23.19 24.35 25.56 26.84 28.18 29.5 31.07 Director 4,018.95 4,219.90 4,430.89 4,652.43 4,885.06 5,129.31 5,385.78 48,227.38 50,638.75 53,170.69 55,829.22 58,620.68 61,551.71 64,629.30 City Clerk 2319 23.19 24.35 25.56 26.84 28.18 29.51 31.07 4,018.95 4,219.90 4,430.89 4,652.43 4,885.06 5,129.3 5,385.78 48,227.38 50,638.75 53,170.69 55,829.22 58,620.68 61,551.7 64,629.30 Community Services 2319 23.19 4,018.95 24.35 4,219.90 25.56 4,430.89 26.84 41652.43 28.18 4,885.06 29.5 5,129.3 31.07 5,385.78 Director 48,227.38 50,638.75 53,170.69 55,829.22 58,620.68 61,551.7 64,629.30 Deprrty PW Director 2571 25.71 2699 28.34 29.76 31.25 32.8 34.45 4,456.27 4,679.08 4,913.04 5,158.69 5,416.62 5,687.4 5,971.83 53,475.25 56,149.01 58,956.46 61,904.29 64,999.50 68,249.4 71,661.95 Comm. Development 2985 29.85 31.34 32.91 34.56 36.28 38.1) 40.00 Director 5,174.27 5,432.98 5,704.63 5,989.86 6,289.36 6,603.82 6,934.01 62,091.22 65,195.78 68,455.57 71,878.35 75,472.26 79,245.89 83,208.17 Schedule A CITY OF DIAMOND BAR SALARY RANGES BY POSITION FY 1997-98 (2.1% Increase) _ JOB TITLE City Etrg/Pu61ic 2985 A 29.85 B C D E F G 40.00 31.34 32.91 34.56 36.28 38.10 Works Director 5,174.27 5,432.98 5,704.63 5,989.86 6,289.36 6,603.82 6,934.01 62,091.22 65,195.78 68,455.57 71,878.35 75,472.26 79,245.88 83,208.17 Deputy City Manager 3172 31,72 5,498.49 33.31 5,773.41 34.97 6,062.08 36.72 6,365.19 38.56 6,683.45 40.49 7,017.62 42.51 7,368.50 65,981.86 69,280.95 72,745.00 76,382.25 80,201.36 84,211.43 88,422,00 8,056.00 City Manager 96,672.00 JOB TITLE C0n111r. Svcs Leader Community Svcs Leader H Intern/Part-Tinge Parks Mtce Helper Transportation Clerk Counter Clerk/Permit Tech REVISED CITY OF DIAMOND BAR SALARY RANGES BY POSITION FY 1997-98 PART TIME/ HOURLY (2.1% Increase) A B C _ D E G 5.37 5.92 6.45 6.99 7.53 8.06 8.59 7.53 8.06 8.59 9.13 9.67 10.21 10.74 7.53 8.06 8.59 9.13 9.67 10.21 10.74 7.53 8.06 8.59 9.13 9.67 10.21 10.74 8.59 9.02 9.47 9.94 10.44 10.96 11.51 13.43 14.10 14.81 15.55 16.32 17.14 18.00 CITY OF DIAMOND BAR AGENDA REPORT DA NO. TO: Honorable Mayor and Members of the City Council MEETING DATE: July 1, 1997 REPORT DATE: Ju e 17, 1997 FROM: Lynda Burgess, City Clerk TITLE: EXTENSION OF CONTRACT FOR MINUTE SECRETARY SE SUMMARY: The City utilizes the services of a contract secretary to transcribE City Council, Planning Commission, Parks & Recreation Commission and Traffic & Commission. These services allow clerical staff more opportunities to effectively handle public, answer phones, complete agendas, post notices, complete mailings for hearings, anc required. It has been proven that it is more cost effective to utilize the services of an outside h than to have staff prepare minutes. An agreement with Carol A. Dennis for these services v, the City Council on July 16, 1996 with a one-year option for renewal. Ms. Dennis has perform( in preparing Minutes for all four groups and has kept turn -around times to a minimum. RECOMMENDATION: It is recommended that the City Council authorize the City Manac agreement with Carol A. Dennis for Minute Secretary services for City Council, Planning Col & Recreation and Traffic & Transportation Commission meetings in the amount of $23,000 fo 1, 1997 through June 30, 1998, with a one-year renewal option for the City. EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? 2. Does the report require a majority vote? Majority 3. Has environmental impact been assessed? NIA 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: Services, Public Works REVIEWED BY: Y Terrence L. Bela ra k . Usher City Manager Assistant City Manager ICES minutes for the Transportation ;ontact with the other duties as inute Secretary as approved by d outstandingly ,r to extend the mission, Parks the period July _ Yes X No _Yes _ No _Yes No _ Yes X No X Yes _ No Community Developme t, Community DEPARTMENT H Lyn,Oa Burgess City Clerk Eileen R. Ansari Mayor Robert S. Huff +",iyor Pro Tem Clair W. Harmony Council Member Carol Herrera Council Member Gary H. Werner Council Member Recycled paper July 18, 1996 City of Diamond Bar 21660 E. Copley Drive, Suite 100 • Diamond Bar, CA 9175 4177 Carol A. Dennis 23246 Antler Drive Diamond Bar, CA 91765 (909) 860-2489 - Fax (909) 861-3117 Internet: http://www.ci.diamond-bar.ca.us Re: AGREEMENT FOR SECRETARY SERVICES - CITY COUNCIL, PLANNING COMMISSION, PARKS & RECREATION COMMISSION AND TRAFFIC & TRANSPORTATION COMMISSION MEETINGS Dear Ms. Dennis: It is the intent of this letter to enter into a contractual agreement between ( Dennis (hereinafter Dennis) and the City of Diamond Bar (hereinafter City) Minute Secretary Services (hereinafter Project). The services to be completed under this agreement will be compensated at tl Standard Hourly Rate of $20 per hour. The annual not -to -exceed maximum are: A. Seven Thousand Dollars ($7,000) for City Council meetings Nine Thousand Dollars ($9,000) for Planning Commission meetings Two Thousand Five Hundred Dollars ($2,500) for Parks & Recreation Commissinn meetings Three Thousand Dollars for Traffic & Transportation Commission m etings This agreement is for the period of August 1, 1996, through June 30, I997. invoices submitted must include a detailed accounting of the services rendere total time spent on each task. In no event should your billing exceed the not exceed maximum amount without prior written authorization by the City. This letter of agreement is tendered to you for your signature. Please sign of agreement at the space provided and return the original to this office. and letter Letter of Agreement - Carol A. Dennis July 18, 1996 Page Two A copy of this correspondence and a Purchase Order will be mailed to you for your records. Should you have any questions or need further clarification regarding this matter, please contact my office, 909/396-5666, at your convenience. ASinrely, e erre rrence L. Belanger City Manager TB:LB: nw Accepted: G Carol A. Dennis 7/i q +.0 w L) x J cn = 0 j 0 h- m F- E u O O W O tD ri U I �a.I Ln Ir (D, Oa w o. ~ wLul• x 7� p o 'c! ©l U d CDw Z w W oU. a s a L O LLJ 43 ILL O C Q R O D F- a 0` z ¢ W - N L W a 4x • ha ILL cE N M �_ °a Wm O ip OI (D FQ M w O a U U N m U Z U J Mn fl y O 2 yyi ai (D � v w u u m -Lu �1 w 2-1a� aa= ) L 21 04 m cl V N Q Z V V u u u O O O O O O O O W g " e/i W CS O O O • 0 00 0 Q UO F= Q MCL O O Z 9 w w� w �� O W W(' ZWm w u Ju Q W Ncco 07510 ocoo Ua �ti Qw ¢- ooco mC3 a0 c.oNa CL z Q Z W c o Dmw • o aL gaQ �Zaf Evm aco�°0, m°a ' o w o e- o ui a LU Z ce .- .� r` ,� 0 0 0 0 O E $ • ca no E0 �O0 Uc�0 Uci0 °ZZ LU q +.0 w L) x J cn = 0 j 0 h- m F- E u O O W O tD Z.: CO a - N N w o. O o o O O o O O 0 0 0 0 0 0 o O O o -* 0 P O N ri W! dl M M! C O O O O O O O O O (n O It 17 IT IT O O O V) r 10 U) O N Cl) U) �- C O O O O O O O I� W Z.: ..:_ O x d d W I' O O Z W - N W a N N N • ha rr °a Wm O ip OI FQ M o U J y yyi ai (D � v w u u m 2-1a� aa= ) L 21 04 m cl V N Q Z V V u u u g " y N N to Q r Z rte+ rte+ +0+ W W O o o O O o O O 0 0 0 0 0 0 o O O o -* 0 P O N ri W! dl M M! C O O O O O O O O O (n O It 17 IT IT O O O V) r 10 U) O N Cl) U) �- C O O O O O O O I� CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. T0: Terrence L. Belanger, City Manager MEETING DATE: July 1, 1997 REPORT DATE: June 25, 1997 FROM: Joann M. Gitmed, Senior Accountant TITLE: Purchase of General Office Supplies for FY 1997-98 RECOMMENDATION: After reviewing proposals from five (5) supply companies, it is being recommend 3d that the City establish an open purchase order in the amount of $15,000 to Office Depot for 1he purchase of general office supplies for the fiscal year 1997-98. The majority of everyda "consumable" products will be purchased from this vendor, however, larger items (office quipment) will continue to be awarded based upon several informal bids. SUMMARY: The City, on an annual basis, sends bid packages out to various supply companies to review pricing on items that are most frequently used by the City. In June 1997, th3 City sent out eighteen (18) bid packages to various suppliers. The bid list encompassed approximately 112 products that the City uses regularly. If the City uses a specific brand name, the brand was specified on the bid forms. However, if a specific brand is not required, no brand was specified and the vendor was free to quote the price of a brand of their choice. (Continued next page) - LIST OF ATTACHMENTS _ Staff Report — Public Hearing Notification _ Resolution(s) — Bid Specification (on file in City Cles Office) Ordinances(s) XX Other (Vendor List) — Agreement(s) 7' SUBMITTAL CHECKLIST 1. Has the resolution, ordinance or agreement been reviewed Yes Nc by the City Attorney? 2. Does the report require a majority or 415 vote? Majority 3. Has environmental impact been assessed? Yes Nc 4. Has the report been reviewed by a Commission? _ Yes Nc Which Commission? 5. Are other departments affected by the report? Yes Report discussed with the following affected departments: _N( REjL D BY: Terr ce L. Belang r Frank M. sher City Manager Assistant City Manager Linda G. Maghdso Accounting Manag r Office SLpplies Page Two SUMMARY: (cont'd) Five (5) packages were returned to the City. The bid forms were laid out side by coded for lowest and second lowest bid on each item. Staff reviewed each packac which company proposed the highest number of lowest and second lowest prig are as follows: # of Lowest # of 2nd Lowest Perces Company Prices Prices of T Office Depot 45 39 72 Gordon's Inc. 40 26 56 Corporate E=xpress 21 35 48 Office Specialties, Inc. 3 9 10 Reliable Office Supply 1 1 2 side and color e to determine �s. The results ge il* *Percentage of Total equals the total number of lowest and second lowest bids divided by the total number of products bid on (117). Office Depot has the highest percentage of total lowest and second lowest prices (72%). The City has conducted business with Office Depot for the last several years and has been satisfied with their customer service, product quality and low pricing. Staff is recommending that for fiscal year 1997-1993 one purchase order for Office Depot in the amount of $15,000 be opened for the purchase of general office supplies Attached is a list of vendors who were supplied with a bid package for supplies. Vendor Listing for Informal Bid Packages: Angelus Business Systems, Inc. Burbank, CA BT Office Products, Inc. Irvine, CA (Returned - no forwardin address) Best Office Products Pomona, CA Boise Cascade Office Products Rancho Dominquez, CA (Returned - no forwarding address) Business Products Distributors Los Alamitos, CA Business System Supply Orange, CA Canyon Office Supplies Brea, CA Commerce Stationers & Printers Co. Commerce, CA Corporate Express Colton, CA Gordon's Office Supplies Industry, CA Hi -Towers Office Supply EI Monte, CA Office Depot Signal Hill, CA Office Products Co., Inc. Pomona, CA Office Solutions Yorba Linda, CA Office Specialties, Inc. Buena Park, CA Office Supplies Warehouse Diamond Bar, CA Reliable Office Supply & Equipment Commerce, CA Staples Industry, CA CITY COUNCIL REPORT AGENDA NO. MEETING DATE: July 1, 1997 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Purchase of General Office Supplies for FY 1997-98 ISSUE STATEMENT: Request for open purchase order with Office Depot for the purchase of g neral office supplies for the fiscal year 1997-1998 RECOMMENDATION: After reviewing informal proposals from five (5) supply companies, it is being recommended that the City establish an open purchase order in the amoun of $15,000 with Office Depot for the purchase of general office supplies for fiscal year 1997-98. DISCUSSION: In evaluating the informal bid packages presented by five suppliers, one company ranked highest in the total number of lowest and second lowest prices. This compz ny is Office Depot. For approximately the last six years, the City has had a business relat onship with Office Depot (formerly Eastman). During this time Office Depot's commitment o customer service, product quality and low prices has been excellent. It is because of he success of the past few years (in addition to their low pricing) that staff wishes to contiue with this relationship. FINANCIAL SUMMARY: Revenue - Expenditure - $15,000 - General Fund PREPARED BY: J ann M. Gitmed, Senior Accountant 1 CITY OF DIAMOND BAR SUPPLY LIST FY 1997 - 1998 UNIT ITEM of MEASURE COST ITEM # / CO NTS (BRAND) Adding Machine Rolls -single ply IRecycled Non -Recycled — ------- Adhesive Tape: —� Scotch Magic 810 Transp Tape (3/4" x 36 yds) Casseste tapes: 3M -� 90 minute Sony 90 minute Polariod 600 Pius Film (Twin -Pack) Liquid Paper Products Multi -Use Liquid Pentel Fine Point Correction Pen Diskettes - 2S/HD (3 112"): j Verbatim 3M Sony Other `Zip Disks - 100 MB - Formatted Iomega Maxell Paper Clips: Medium Jumbo Paper Clamps: Small Large 'Binder Clips: Small - 314"W; 3/8"Ca Medium - 1114"W; 5/8"Ca Large - 2"W; I" Cap Staples - Standard/Chisel Point I e , i J CITY OF DIAMOND BAR SUPPLY LIST FY 1997 -1998 UNIT ITEM „F x,rE1 • C7roc Sheet Protectors -Non -Glare •i'lio tnKAIYUJ To Loading (Polypropylene _ Side Loading (Polypro)ylene) Pre -Inked Stamps (X-Stampers) Refill Ink - Red/BlueiRik File Labels: -- Avery - Self -Adhesive File Labels 9/16" x 3 7116" - All Colors Tabbies - Type on Index (TA58802) Smead Filing System Products: Numeric Color Code Labels (DCCRN-A) (1 114" x 1") - Assorted Numeric Color Code Labels (ETSN-ADU) 1/2" - Assorted Seal/View Label Protectors (SMD CLL) File Folders: 1/3 cut - letter size - manila 1/3 cut - legal size - manila File Folders: Smead Filing System Folders Legal, straight cut, end tab, 2" fasteners (2BET2-150C-1 Legal, straight cut, end tab, manila pockets: #1514C #1524E #1516C #1526E langing File Folders: Letter Size - 115 cut Legal Size - 115 cut 2 Non- CITY OF DIAMOND BAR SUPPLY LIST FY 199' - 1998 UNIT ITEM of MEAST TRF. rncT Expandable File Pockets - Letter Expansion - (Red Fiber) E31 Expansion - (Red Fiber) 5 1/4" Expansion - (Red Fiber) Recycled Non -Recycled Recycled Non -Recycled Recycled Non -Recycled Expandable File Pockets - Legal 1 314" Expansion - (Red Fiber) 3 112" Expansion - (Red Fiber) Recycled Non -Recycled Recycled Non -Recycled 5 114" Expansion - (Red Fiber) E andable File Pockets -End Tab -Letter Recycled Non -Recycled 1 314" Expansion - (Manila) Recycled Non -Recycled 3 112" Expansion - (Manila) Recycled Non -Recycled 5 114" Expansion - (Manila) Recycled Non -Recycled E andable File Pockets -End Tab -Legal 1 314" Expansion - (Manila) Recycled Non -Recycled 3 112" Expansion - (Manila) Recycled Non -Recycled 5 1/4" Expansion - (Manila) Recycled Non -Recycled Envelopes: —� Clasp Envelopes Sub 28 - brown - 7.5" x 10.5" Sub 28 - brown - 9" x 12" Sub 28 - brown - 10" x 13" 3 Ring Binders (Regular): — I" capacity - All Colors 1 112" capacity - All Colors 2" capacity - All Colors 3" Capacity - All Colors 3 -- — 1 1 M CITY OF DIAMOND BAR SUPPLY LIST FY 1997 - 1998 UNIT ITEM of MRASURP rnC'r rrL1 3 Ring Binders (View Binders): 1 " ca aciry - All Colors 1 1/2" capacity - All Colors 2" ca aciry - All Colors 3" Ca aciry - All Colors Pens: Bic Micro Metal Point (blue/blk) Papennate Flexigrip Pens - Roller Micro Point (red/blue/bik) Bic/PaperMate Round Stick Ballpoint Pen -� fine int -black, blue, red medium point -black, blue, red Pencils: No. 2 Lead Post -It Products: Post -It Tae Flags - All Colors (2 k) Post -It Products: Post -It Pads - 1 1/2" x 2" (12 pk) Recycled Non -Recycled - Post -It Pads - 3" x 3" Post -It Pads - 3" x 5" Recycled Non -Recycled Recycled Non -Recycled Post -It Pads (Lined) - 4" x 6" Post -It Pop -Up Pads - 3" x 3" (12 pk) Rec cled Non -Recycled Recycled Non -Recycled Writing Pads: Perforated Pads -Ruled both sides Letter size - white - wide -ruled Legal size - white - wide -ruled 5" x 8" - canary Recycled Non -Recycled Recycled Non -Recycled Recycled Non -Recycled Stena Notebook- Gregg, 80 pages 4 Recycled Non -Recycled ~ CITY OF DIAMOND BAR SUPPLY LIST FY 1997 - 1998 UNIT ITEM of MEASURE COST ITEM Y ! r"n %Prc Mn • 71M� Co ter Pa r Colored Co ier Paper - 20## - All Colors Astrobrite Colored Paper - 500 sheet/rm Geobri ht Colored Paper - 1.75 sheetlpk Linen Paper Southworth -24 lb -Recycled -Ivory - 500 sheet/bx Duplicating Phone Record Book: Avery Desk Saver "While You Were Out" -- Glue Sticks - 1.25oz Batteries Energizer/Duracell - AAA Batteries - 8 pack Energizer/Duracell - AA Batteries - 8 pack Energizer/Duracell - 9 Volt Batteries Columnar Pads --i Wilson Jones Columnar Pad - 4 Column Wilson Jones Columnar Pad - 5 Column - LedgerSheets Wilson Jones - 5" x 8 112" (WJ758-50) Rubber Bands #/117 (7"L x 1/8"W) - I pound #i34 (3 1/2"L x 1/4"W) - I pound — Wilson Jones Data Binders - Pressboard 9 112" x 1 l" for Unburst Sheets Desk Calendar Refills - Loose Leaf 6 112" x 3 112" - 2 pages per weekday Recycled Non -Recycled Typewriter/Printer Cartridges - HP Officejet LX Print Cartridge (HP51626A) IBM Wheeiwriter Ribbon (IBM1380999) —� IBM Wheeiwriter Lift -Off Tape (IBM 1337765) 5 CITY OF DIAMOND BAR JENNIFER LAP, ` ACCOUNT MANAGES -a SUPPLY LIST 1012 COOLS DRIVE 51jI t_ , COLTON. CA IFORNIA 51232 FY 1997 - 1998 (900) 266-6224 AX: (909) 824 _ Ij L'. I- -- UNIT ITEM of MEASURE COST ITEM # 1 C011 Adding Machine Rolls - single ply gL .115 Epp- 5 3 15 L Non-Rec cled Adhesive Tape: Scotch Magic 810 ND1'E- SA1�Ie Casseste tapes: 3M 90 minute Sony _ 90 minute y I ArriP-2`77; nsp Ta (314" x 36 yds) (Z L J.�1 rnmm-g�G vL• (� Opt Rp ues fi L 55 m m ri, loZGY p1.33 m m r► -3 - 5 A Ola Cnt.l - U (BRAND) Arne Polariod 600 Plus Film (Twin -Pack) KEE oltzR io Liquid P2per Products Mufti -Use Liquid A . '77 PA P• 5 30 J PA A ' Pentel Fine Point Correction Pen e -A ZL 31 W('Pert iCL) Diskettes - 25/1HHID (3,112" , a 13 M L°_`. _ilium . Jumbo Cif Verbatim 1(too VC -P -_7141d Ue�(3�fin, 3M f33 .7 3 mmrn- y7 (3M Sony � oj-IUM17DZ DCF So�1 Other 3� 3.2g BAS- G BI+sF Zip Disks - 100 MB - Formatted ---I Iome a 60 .5 14 28pMaxeil 3-5 C 2 . S �_,.atali - 314"W; 3/8"Cap Z ACL -'72D20 Pari ,r Clins- w-.edium - l 1/4"W; 5/8"Cap Large L4Lf L°_`. _ilium . Jumbo Cif ACC -'7 3gC Z Z Paier Clamps:. L'3 7a11 ACC - 72 2C Birder Clips: �_,.atali - 314"W; 3/8"Cap Z ACL -'72D20 w-.edium - l 1/4"W; 5/8"Cap Large L4Lf ACL-'7ZOSb - 2"W; 1 "Cap Z Staples - Standard/Chisel Point . 3S s W T . 5 V R,22 RUAd4b/_- 7e!&2 rJe f Cys/���Xy , Gt/Ilts s �f 1 PKC.o s W,ny, ne_1 64 CITY OF DIAMOND BAR ACCOUN I 1012 COOLS DRIVE, SUPPLY LIST COLTON, CALIFORNIA FY 1997 - 1998 (800) 266-6224 EAX (909) 82 17TEM UNIT of MEASURE COST ITEM # / COND IENTS (BRAND) Sheet Protectors -Non -Glare To �L",o�ading(Pol ro ylene) 56 dY d i$L � . pIc�Side(Poly C • L4 ropylene) 5b � •a I AV'c_- s N Pre -Inked Stam m (X-Stars) e A 3 "] $� • Z 2 1125 BLt�� Refill Ink - Redl$[ue/$lk Rec sled 15)4 YST Z Z 1 I I 99-6File Labels: Non -Recycled H.S X Sr 2211 Z Avery - Self-Adhve File Labels ---.All X (�}( 3.9 t 5 - 'T 5 21 CTE 9116" x 3 7116' Colors -f U $rY1Q-15 S" -A D TabbieE-Type onIndex (TA58802) ' I S g 7. Li (? e51-15313 A Pj - Sp(AQ Z File Folders: Numeric Color Code Labels (DCCRN-A) AI D W 7- 31C 5 3. -20 "5 FU1.oL " Sm - DGCRN - Ac (1 114" x 1") - Assorted Numeric Color Code labels (ETSN-AD TS N -A �u 1/2" - Assorted Recycled 64 W3 3. SS Seal/View label Protectors (SMD CLL) Non -Recycled ) tOU SYl1 Ll_ I File Folders: Rec sled 15)4 ,19 Smo - C 2514 l/3 cut - letter size - manila Recycled Non -Recycled H.S 5 m 0 - ! S 3 L Srv�,q,d Non-Rec cied 1/3 cut - legal size - manila Rec cied X (�}( 3.9 t 5 - 'T 5 21 CTE -f U $rY1Q-15 S" -A D Non-Rec cied 5.22 e51-15313 ESSrr rt1± File Folders: 5mead Filing System Folders Le al, straight cut, end tab, ers (2BE15a 0C-1&3)- SM0 3`7115 (bl� 2.4'7 SMQ- 3'7115 SmeA� straight cut,tb, tmanila ockets:12.30 SMQ-ISit,{C 13 rY1s1�r #1526E .rl amp -151 Cf SrY1p. i52 E Hanging File Folders: Letter Size - 115 cut Recycled 64 W3 3. SS Legal Size - 1/5 cut Non -Recycled � � , 2 S5 -q S 7.5- as 5E a~7E Rec sled 15)4 ,19 Smo - C 2514 Non -Recycled 0 3. 47-- X55 -0!535 ;1✓sy61 re N ITEM , x andable File Pockets - Letter 1 3/4" Expansion - (Red Fiber) 3 1/2' Expansion - (Red Fiber) 5 114" Expansion - (Red Fiber) andable File Pockets - Legs 13/4" Expansion - (Red Fiber) 3 112" Expansion - (Red Fiber) 5 114" Expansion - (Red Fiber) CITY OF DIAMOND BAR - SUPPLY LIST 1012 COOLEY DRIVE, SbirE a FY 1997 - 1998 COLTON, CAI FORMA 92324 1800) 266-6224 • (909) 824-7865 UNIT of MEASURE COST ITEM / l D - 15 e -A y 3 s m D - 14 �1 y5sm�_, 0 ngc1ed Srn0-15 NRSmD -15Z NRe,+4 . S �-{ Srv10 -1 s 31.1 tL R (BRAND) Expandable File Pockets -End Tab -Letter Rec cled SrnD- E f M I i 4C 1 314" Expansion - (Manila) Non -Recycled 3 112" Expansion - (Manila) Rec cled e A 'I La SM0 - it T M I S Z t✓ Non -Recycled — - 5 1/4" Expansion - (Manila) Recycled eQ 1,3-2 Smv -E71rA C 1 54G Non-Rec cled >; andable File Pockets -End Tab -Legal 1 314" Expansion - (Manila) Rec cled '51 S 15 16 C i Nan-Rec cled 3 1/2" Expansion - (Manila) Rec cled C,r� .9 ,3 5M - �TYYti 1 S Non-Rec clad 5 114" Expansion -(Manna) Rec cled Non-Rec cled e-sp.- 1 .42 S yrlD - is-:rm C 536G �— Envelo I Clas Envelo s 1aG (5 Sub 28 - brown - 7.5" x 10.5' Sub 28 - brown - 9" x 12' K 1310 S - 3 7590 - 3 k Sub 28 - brown - 10" x 13' 3 Ring Bindersn (Regular): 1 " ca aci - All Colors + N 1112" capacity - All Colors 2" capacity - All Colors 3" Canar_iry - Am r m... e. A e_A 1 1.50 1, 99 WL73•3f 304H W L" 7. 3 Al W L-7 - 3(o a q u [3L Aq Ng � _>' L, WLJ-3toi)tial 1+S/JQ1A3L 3 ITEM -_ ,ENNIEE � t S 6Y1 ,yQ �3 Ring Binders (View Binders): ;t.,,ta.• I' capacity - All Colors r QL 1 1/2' capacity - All Colors j% .: 2" capacity - All Colors (909) 824 3" Capacity - All Colors a Pens: Wt -.7- 3(02 w Bic Micro Metal Point (blue/blk) 3.12 Pa rmate Flexi rip Pens - Roller 6 Micro Point (red/blue/blk) 1c—>;s✓M I I r; Bic/Pa rMate Round Stick Ballpoint Pen fine int -black, blue, red 4 medium int -black, blue, red PAP 33811 3 11 Pencils: .79 No. 2 Lead -39 f _ 7Q30e Post -it Products: Post -It Tape Flags - All Colors (2 k) Post -It Products: Post -It Pads - 1 1/2" x 2" (12 pk) V G1161� Post -It Pads - 3" x 3' j eAlp W Post -It Pads - 3" x 5" � el l o w Post -It Pads (Lined) - V x 6" \4 Post -It Pop-U� Pads - 3- x 3- (12 pk) lipM NEo414(Ny-rLi +Vritin Pads: Perforated Pads -Ruled both sides Letter size - white - wide -ruled Legal size - white - wide -ruled 5" x 8" - canary Steno Notebook -Gregg, 80 pages CI CITY OF DIAMOND BAR SUPPLY LIST FY 1997 - 1998 UNIT of MEASURE COST m LP Recycled K Non-Recvcled IC Cr -_ ,ENNIEE � t S 6Y1 ,yQ ACCOUNT ;t.,,ta.• 1012 COOLEY DRIVE, S„ - COLTON, CALIFORNIA j% .: (8001266-6224 FAX: (909) 824 ITEM # I CO NTS BRAND ti o arc -tQ s 241 I•o3 � t S 6Y1 ,yQ Kon-Rwycled DZ 2. q9 3M- Us '3 QPU- 39 3M - (0539 vui .59 _1a3 LJ - 3& Z3 w a I.% Wt -.7- 3(02 w e 3.12 WLJ- 3(, 2S w 6 � 1c—>;s✓M I I r; K .53 PAP_ 9876i g1,0 , 4 .79 PAP 33811 3 11 3 3`7 l l .79 AP 33311 01 R-z"j ti o arc -tQ s 241 I•o3 3m- (c SO I Kon-Rwycled DZ 2. q9 3M- Us '3 QPU- 2_9 3M - (0539 vui .59 3M-- sy P w Non -Recycled 77 am-c�ss12 Lj R cled ss I.2L) - 71x8.0 ,Non -Recycled 3 - O .59 3m. R330 -f .-II I 3m- K336KiPL Recycled —P -L q.,iq I; f P- 7 (o 11 Kon-Rwycled DZ L4 -?8 EPP - 7 (p 11 O Recycled P 7 - Non -Recycled to - 3$ E P P_ 7 61 O R cled D2- 3.5b - 71x8.0 ,Non -Recycled D 2,90 i; P f - MoZ00 Rec cled e r J .50 _ -] Non -Recycled -39 f _ 7Q30e M 1: CITY OF DIAMOND BAR SUPPLY LIST FY 1997 - 1998 ITEM UNIT of MEASURE COST ITEM # / CO NTS (BRAND) Co ier Pa r Colored Co ier Paper - 20p - All Colors R rv1 3.29 E Astrobrite Colored Paper - 500 sheet/rm ryl Geobri ht Colored Pa r - 175 sheet/k K Linen Paper i Southworth -24 ib -Recycled- Ivo - 500 sheet/bx K 2 Z Sbt�- PS &L4 Duplicating Phone Record Book: Ave Desk Saver "While You Were Out" Glue Sticks - 1.25oz fp = e S f Batteries � o t,- O+�rS�d) i2 1L 1 t�5 K Ener iter/Duracell -AAA Batteries - k* t Z � P le- S. U Ib u 2 - VYl w V Ener iter/Duracell - AA Batteries - 8 pack i[ �}. 70 fl LlQ YAM I OU Q �' EnergizerlDuracell - 9 Volt Batteries eI� ) S IYiN f 4 y . u�, Columnar Pads Wilson Jones Columnar Pad - 4 Column C Wilson Jones Columnar Pad - 5 Column ePr Z Ant S 5- Led er Sheets Wilson Jones - 5" x 8 1/2" (W7758-50) 3. Rubber Bands #117 (7"I. x 1/8"W) - 1and [�ti( S ALL- 17 6 (3 1/2"L x 114"W) - 1 tutd Wilson Jones Data Binders - Pressboard 9 112" x I I" for Unburnt Sheets k U) l-7- C 1 S } ] 9111— QLDesk DeskCalendar Refills - Loose Leaf 6 1/2" x 3 112" - 2 pages per weekday Recycled C, l_ R Non -Recycled �y�} , '16 _ -7! SO t Ty writer/Printer Cartridge HP Office et LX Print Cartridge (HP51626A) . SoP- ISM Wheelwriter Ribbon (IBMi380999) P.t► 3. �� -136099 IBM Wheelwriter Lift -Off Ta (IBM 1337765) Pi✓� 3 .zli M 5 M 1: CITY OF DIAMOND BAR SUPPLY LIST FY 1997 -1998 UNIT ITEM of 11EASURE COST r MX4 B r --. � --A- Adding Machine Rolls - single ply Rec cled 44-88 13.53 IOM -10021 MAX -580005 — ---1 - Iotn a Maxell iNon-Noncled EA .28 � UNV-35715 Adhesive Ta --j Medium C Scotch Magic 810 Trans Ta (314" x 36 yds) RL 1 .29 MMM -81 C RL .59 MMNi-620 - - Casseste to es: 3M EA 1 .39 R1 _M-542-90 90 minute —� Large ----� Son EA .99 SON -43131 90 minute -� Binder Clips: Polariod 600 Plus Film (Twin -Pack) PR 20.48- POL 604448 i Liquid Paper Products -fficemate Medium - 1 114"w; $/8"Ca DZ Multi -Use Liquid EA , 39 PAP -28411 Pentel Fine Point Correction Pen EA 1 .65 PEN-ZL62W Staples - Standard/Chisel Point BX ,42 UW -79000 Diskettes - 2S/HD (3 1/211): Verbatim BX 4.76 VER -87410 3M BX 4.64 MMM -12881 j Sony BX 5.17 SON -43416 Other BX 3.75 USO -00501 ,zip Disks - 100 MB - Formatted Iomega Maxell PK of 3 EA 44-88 13.53 IOM -10021 MAX -580005 — ---1 - Iotn a Maxell Pa r Clips: --j Medium C .04 UNV-72210 - Officemate Jumbo C .19 UNV-72220 - Officemate ,Paper Clamps: --j 3 Small BX .59 ACC --72620 —� Large BX .35 ACC -72610 Binder Clips: -- Small - 314"W; 318"Ca DZ .21 UNV-10200 -fficemate Medium - 1 114"w; $/8"Ca DZ .39 UNV-10210 - Dfficemate Large - 2"W; I *Cap DZ 1.39 UNV-10220 - DfficEffate Staples - Standard/Chisel Point BX ,42 UW -79000 -stitch 1 M CITY OF DIAMOND BAR SUPPLY LIST FY 1997 - 1998 UNIT ITEM of MEASURE COST ITEM # / CO N I'S (BRAND) Top Loading (Pol pro ylene) 13X of 100 5.74 AVE—PV119E Side Loading (Polypropylene) &Y of 100 3.99 CLI -03213 Pre -Inked Stam (X-Stampers) EA 4.79 Refill Ink - Red/Blue/Bik EA 2.35 SHA -22311 , 2113, 221 i 2 File Labels: Avery - Self -Adhesive File Labels PK .59 AVE—FF-3 4116" x 3 7116" - All Colors Tabbies - T on Index (TA58802) BX 10.23 TAB -58802 Smead Filing System Products: Numeric Color Code Labels (DCCRN-A) (1 114" x 1") - Assorted L Numeric Color Code Labels (ETSN-ADCs 13X BX 51.42 26.96 SMD—DCCRN—A SM—ETSN—AD 1/2" - Assorted Sea]/View Label Protectors (SMD CLC.) File Folders: 1/3 cut -letter size -manila 113 cut - legal size - manila Recycled Non -Recycled Recycled Non -Recycled BX BX BX 10.24 3.95 5.29 SMD—CLL SMD -153L SMD -1 53C 5 PK/BX File Folders: Smead FilinSstem Folders cut, end tab, Pi�'fas�teners 2BET2-1500-1&3} Legal, straight cut, end tab, manilapockets: #1514C #1524E #1516C #1526E BX EA EA EA EA 12.04 .51 .59 .61 .69 SPID-2BEI'2150 SMD -1514C SMD -1524E SMD -1516C SMD -1526E 13 Han File Folders: Letter Size - 1/5 cut Recycled Non -Recycled BX 3.55 SMD -05H Legal Size - 1!5 cut 2 Rec clad Non -Recycled BX 4.79 SMD—C25H m CITY OF DIAMOND BAR SUPPLY LIST FY 1997 - 1998 UNIT ITEM of MEASURE COST ITEM # / (RRAN I Expandable File Pockets - Letter 1 314" Expansion - (Red Fiber) 3 1!2" Expansion - (Red Fiber) Recycled EA .50 SMD -1514C Non -Recycled Recycled EA .58 SMD -1524E Non -Recycled 5 114" Expansion - (Red Fiber) RecycledEA "69 SMD -1534G Nott -Recycled Ex andable File Pockets - Legal - 1 3/4" Expansion - (Red Fiber) Recycled EA .63 SMD -1516C Non -Recycled 3 1/2" Expansion - (Red Fiber) Recycled EA .67 SMD -1526E Non -Recycled 5 114" Expansion - (Red Fiber) Recycled EA "75 SMD -1536G Non -Recycled f i Expandable File Pockets -End Tab -Letter 1 314" Expansion - (Manila) .Non Recycled EA .81 SKID—ETM1514 -Recycled 3 1/2" Expansion - (Manila) Recycled EA .89 SMD—ETM1524 ~ Non -Recycled 5 114" Expansion - (Manila) �Non-Recycled Recycled EA 1.48 SMD -75174 Expandable File Pockets -End Tab -Le al l 3/4" Expansion - (Manila) Recycled EA .89 SMD—EIM1516 Non -Recycled 1 3 112" Expansion - (Manila) Recycled EA 1.01 1 SMD—ETM1526E Non -Recycled 5 1/4" Expansion - (Manila) Recycled Non -Recycled Envelo Clasp Envelopes EA 1.58 i SMD -76174 J i =Sub 28 - brown - 7.5" x 10.5" BX 5.36 QUA -37875 Sub 28 - brown - 9" x 12" BX 4.95 QUA -37890 Sub 28 - brown - 10" x 13" BX 5"89 QUA -37897 3 Ring Binders (Regular).. t I" capacity - All Colors 1 112" capacity - All Colors 2" capacity -All Colors EA EA EA .93 1.59 1.88 AVE—K31110 AVE—K31115 AVE—K31120 _ 3" Ca achy - All Colors 3 EA #.35 AVE—K31125 J CITY OF DIAMOND BAR SUPPLY LIST FY 1997 - 1998 UNIT ITEM of MEASURE COST ITEM # / COND IENTS (BRAND) 3 Ring Binders (View Binders): 1' capacity - All Colors � 1 l/2" capacity -All Colors 2" ca aci All Colors 3" Ca aci - AI] Colors FA EA EA EA 1.53 1.94 2.14 3.44 AVE—VB1110 AVE—VB1115 AVE—VB1120 AVE—VE1125 Pens: , ]3K 98701 Bic Micro Metal Point (blue/blk) DZ 4.75 BIC—REM11- Pa rmate Flexigrip Pens - Roller Micro Point (red/blue/blk) DZ 7.34 PAP -98201, S13601, Bic/PaperMate Round Stick Ballpoint Pen fine int -black, blue, red medium point -black, blue, red DZ DZ .89 .89 PAP -33811 PAP -33311 33111, 3611 33711 j 33211 Pencils: No. 2 Lead Post -It Products: DZ .55 FAB -12201 Post -It Tape Flags - All Colors (2 k) EA (I/PK)- 1.16 MMM -6$0 Post -It Products: Post -It Pads - 1 1/2" x-2" (12 pk) Recycled BX 3.35 NM-653—RP— Non-Rec cled PK 1.32 MMM -6539 Post -It Pads - 3" x 3" Post -It Pads - 3" x 5" Post -It Pads (Lined) - 4" x 6" Recycled 'Non-Res cled Recycled Non -Recycled Rec sled Non-Rec cled PD PD PD PD PD PD .69 .25 .91 .34 1.35 1.29 MMM-654—RP— MMM -6549 MMM-655—RP—ry MMM -6559 MMM-660—RP—YW MMMT-660-YW Post -It Pop -Up Pads - 3" x 3" (12 pk) Rec cled PD .65 MMM—R--330—YW Non -Recycled PD .79 MMM—R-330—NP Writing Pads: Perforated Pads -Ruled both sides Rec cled Letter size - white - wide -ruled Legal size -white -wide-ruled 5" x 8" - canary —Won Non-Rec cled DZ 6.00 UNV-10630 Rec sled Non -Recycled DZ 3.90 UNV-40000 Rec cled -Recycled DZ 3.90 UNV-46200 Steno Notebook -Gregg, 80 pages lRecycled Non -Recycled DZ 7.09 UNV-86920 �� i< ITEM CITY OF DIAMOND BAR SUPPLY LIST FY 1997 - 1998 UNIT of MEASURE COST I'T'EM # / CO NTS (BRAND) :.copier Paper Colored Copie Paper - 20# - All Colors RM 3.39 Astrobrite Colored Paper - 500 sheet/rm RM 8.11 Geobri ht Colored Pa r - 175 sheeU k PK 2.84 Linen Paper i Southworth-24 Ib-Recycled-Ivory - 500 sheeuox Duplicating Phone Record Book: RM 13.57 S0U-564C —� Ave Desk Saver "While You Were Out. Avery Message Book EA EA 3.16 2.28 AVE-50-276 AVE-50-176 Glue Sticks - I.25oz EA .94 OIC-50003 Batteries Energizer/Duracell - AAA Batteries - 8 pack Ener izerlDuracell - AA Batteries - 8 pack Energizer/Duracell - 9 Volt Batteries PK PK EA 4.63 4.39— 1 .39 RAY-824-8 RAY 815-8 RAY—A1604-1 —I a .Columnar Pads Wilson Jones Columnar Pad - 4 Column Wilson Jones Columnar Pad - 5 Column Led er Sheets Wilson Jones - 5" x 8 112" (WJ758-50) Rubber Sands PD PD PK .99 .99 3.04 WL7—G7204 WLJ—G7205 WLJ-758-50 #117 (7"L x !!8"W) - 1 pound #34 (3 112"L x 1/4"W) - ! pound Wilson Jones Data Binders - Pressboard LB LB 1.73 1 .73 UNV-01117 UW-00164 �I 9 112" x 1 l" for Unburst Sheets Desk Calendar Refills - Loose Leaf 6 112" x 3 112" - 2r es a weekday 2pages � Y Typewriter/Printer Cartridges HP Office'et LX Print Cartridge (HP51626A) IBM Wheelwriter Ribbon (IBMI380999) IBM Wheelwriter Lift-Off Tape (IBM1337765) EA Rec cled EA Non-Recycled EA EA EA EA 1.81 1.05 .79 21.75 4.02 3.25 WLJ-149511 N KEI—E717R-50 KEI—E717-50 HEW-51626A IBM-1380999 IBM-1337765 � r RELIABLE OFFICE SUPPLY& EQUIPMENT Co. CITY OF DIAMOND BAR 6438 CORVETTE STREET COMMERCE, CALIFORNIA 90040 (213) 725-7800 ON) 953-8877 FAX (213) 722-6086 ITEM Adding Machine Rolls - single ply SUPPLY LIST FY 1997 - 1998 UNIT of MEASURE COST Nnn-12r0VrIPA IPAC�/inn ! ccn nn ITEM # 1 LIST PRICE: r5 (BRAND) Adhesive Ta e: - Scotch Ma is 810 Trans Ta (314" x 36 yds) 12/PK EACH�$l OR SUB: UNIVERSAL BRAND Casseste to es: " "83436 $ 2.59 3M $ 3 90 minute EACH E$2 9 542-90 Son 90 minute EACH $ 2.49 SON 43136 $ 3,19 OR SUB UNIVERSAL BRAND Polariod 600 Plus Film (Twin -Pack) IF BOUGHT IN LARGER QUANTITIES (CAS Liquid Paper Products EACH PACK S) WE CAN GET A BETT $ .99 $29.03 R PRICE !UNV 02290 POL 604448 FR THE FACTORI. $ $30. 2.19 751 Multi -Use Liquid EACH $ .99 IPAP 563-01 $ 1.951 Pentel Fine Point Correction Pen Diskettes - 2S/HD (3 1121t): Verbatim EACH $ 2.27 PEN ZL31-W $ 3.50, -- --.-, 3M FORMATTED IBM Sony 'Other 10 BOX " $ 8.15 $ 4.99 MMM SON UNV 43416 00350 10I8 95 UNIVERSAL BRAND OF DISKETTES CERTIF ED ERROR REE AND 10 % GUARANTE D. -_ Zi Disks - 100 MB -Formatted come a EACH $21.04 IOM 10020 — - Maxell IOMEGA 10/PACK Paper Clips: EACH PACK $11.27 $143.94 'MAX IOM 580005 10028 Medium. 'REGULAR SIZE #1 Jumbo BOX OF 1C $ .10 $ .32 -XC C ACC 72380 (0 72580 SUB) $ �.31 $ -.98, Paper Clamps: -- Small 50/BX large 12/BX BOX BOX $ 1.19 $ .87 ACC ACC 72620 72610 $ 1.63' $1 06 Binder Clips: - r Small - 314"W; 318"Ca Medium - 1 1/4"W; 5/8 -Cap" 12/BX BOX BOX $ . 44 $ .83 UNV UNV 10200 10210 $ :991 $ $ 1.95; 25 g Large - 2"W; l"Ca " BOX $ 2.99 UNV 10220 Staples - Standard/Chisei Point 5M/BX BOX $ .62 UNV 79000 $ _2 -.015 CITY OF DIAMOND BAR 21124 21124 21121 (VARIOUS ESS $ $ $ 8.00 8.00 5.50 AL RELIABLE 6438 CORVETTE STREET OFFICE SUPPLY LIST #'S) $ 6.49 COMMERCE, CALIFORNIA 90040 FY 1997 1998 Non -Recycled $14.05 SUPPLY & (2 [3) 725-7800 - $ 21.8 EQUIPMENT Co. (800) 453-8877 FAX (213) 722-6086 UNIT ITEm of MEASURE COST Sheet Protectors -Non -Glare 50/BX BOX $ 5.98 To Loadin (Polypropylene) 50/BX BOX $ 5.98 Side Loading (Polypropylene) " BOX $ 3.89 tam (X-Stampers)SUB: UNIVERSAL 7RZ-11::�� EACH $ 4.29 Red/Blue/Blk " " EACH $ 2.25 File Labels: Avery - Self -Adhesive File Labels SUB: MACO BOX $ 1.10 9/I6" x 3 7/16" - All Colors Tabbies - T on Index (TA58802) PACK $ 1.16 Smead Film S stem Products: Numeric Color Code Labels (DCCRN-A) (FACTORY ORDER) SET $75.78 (1 1/4" x l") - Assorted Numeric Color Code Labels (ETSN-ADU) (FACTORY ORDER) SET $39.73 112" - Assorted Seal/View Label Protectors (SMD CLL) PACK $ 2.70 File Folders: 1/3 cut - letter size - manila I Recycled BOX/ 100 $ 3.50 Non -Recycled 1/3 cut - legal size - manila Recycled I BOX/ 100 $ 4. 50 File Folders: Smead Filing System Folders Legal, straight cut, end tab,_ 2" fasteners (2BE72-15OC- Legal, straight cut, end tab, m_ � anilaoocckets: #1514C #1524E #1516C #1526E fan&g File Folders: Letter Size - 115 cut Legal Size - 115 cut 2 IMUM ORDER 5 BOXES) (FACTORY ORD R) BOX $17. SEE NEXT AGE 0N UPLICATE NUMBERS ON THESE ILE POCKET N KERS. ITEM # I COMI MNTS (BRAND) UNV UNV UNV UNV 21124 21124 21121 (VARIOUS ESS $ $ $ 8.00 8.00 5.50 Non -Recycled Recycled $11.97 $ 6.99 #'S) $ 6.49 UNV $ 22.3 Non -Recycled $14.05 3.50 MAC (VARIOUS #'S) $ 4.29 TAB 58802 $ 1.45 SKID DCCRN-A $108.25 SMD ETSN-ADU $ 56.75 SMD CLL $ 3.85i SMD 153L V 13.. SMD 153C $ 17. Recycled BOX/25 $ 4.59 ESS 91525 $ 17.4 Non -Recycled Recycled $11.97 $ 6.99 ESS ESS 415 215 91535 18.5 $ 22.3 Non -Recycled $14.05 ESS 415315 $ 21.8 CITY OF DIAMOND BAR RELIABLE 6438 CORVETTE STREET SUPPLY LIST OFFICE COMMERCE, CALIFORNIA 90040 FY 1947 - 1"S SUPPLY & (213) 725-7800 EQUIPMENT Co. (800) 953-8877 FAX (213) 722-6086 UNIT ITEM of MEASURE COST ITEM # / COMMENTS (BR&ND) Expandable File Pockets - Letter IF BOUGHT IN ASE QUANTITIES OR LA GER; PRICI G WILL REFLECT . 1 314" Expansion -(Red Fiber) Recycled EACH $ 1.11 SMD 1514C $ 1.35 Non-Recycled 3 112" Expansion - (Red Fiber) Recycled EACH Non-Recycled 5 114" Expansion - (Red Fiber) Recycled EACH $ 1.49 SMD 1534G $ 1.8 Non-Recycled Expandable File Pockets - Legal i 314" Expansion - (Red Fiber) Recycled EACH $ 1.29 SMD 1516C $ 1.6 Nan-Recycled 3 112" Expansion - (Red Fiber) Recycled EACH $ 1.49 SMD 1526E 1.8 Non-Recycled 5 1/4" Expansion - (Red Fiber) Recycled EACH $ 1.59 SMD 1536E Non-Recycled Expandable File Pockets-End Tab-Letter 13/4' Expansion - (Manila) Recycled EACH $ 1.34 SMD _ETM15j4C_____T_-J,6-7 Non-Recycled I 3 112" Expansion - (Manila) Recycled EACH $ 1 .48 SMDETM152 E 1.84 Non-Recycled 5114"Expansion -(Manila) FACTORY ORDER Recycled BOX/10 $20.34/BX SMD ETMC1534 $28.33 CASE OF 50 EACH/MINIMUM Non-Recycled TYVEK GUSSET ON SIDES Expandable File Pockets-End Tab-Legal 1 314" Expansion - (Manila) Recycled EACH $ 1.49 SMD ETM1516C $ 1.8 Non-Recycled 3 112" Expansion - (Manila) Recycled. EACH $ 1.70 SMD ETM1526E 2.14 Non-Recycled 1 5 114" Expansion -(Manila) FACTORY ORDER Recycled MINIMUM ORDER CASE OF 50 EACH' Non-Recycled BOX/ 10 $21.82/BX SMD ETMC 1536 $ 30.39 Envelop!!: i Clas Envelo s Sub 28 - brown - 7.5" x 10.5" BOX/ 100 $ 8.25 UNV 35262 $ 18.5 Sub 28 -brown - 9" x 12" " $ 6.90 UNV 35264 $ 19.9 Sub 28 - brown - I0" x 13" $ 6.80 UNV 35267 $ 23.18 3 Ring Binders (Regular): VERY GOOD QUALITY 2INDERS (N T REALLY A BUDGET LINE) 1" capacity - All Colors EACH $ .99 ESS 88-73 3ERIES 1 112" capacity - All Colors EACH $ 1.99 ESS 88-7315 3ERIE3.1 2" ca acity - All Colors EACH $ 2.49 ESS 88-7320 ERIES 3" Capacity - All Colors EACH $ 4.79 ESS 88-7330 ERIES 3 RELIABLE OFFICE SUPPLY & EQUIPMENT Co. CITY OF DIAMOND BAR 6438 CORVETTE STREET COMMERCE, CALIFORNIA 90040 (213)725-7800 (800) 953-8877 FAX (213) 722-6086 it I SUPPLY LIST FY 1997 - 199$ UNIT of &4v A Ci mIm 'Post -It Products: NON -3M BRAND (UNIVERSAL) IS LESS E PENSIVE(AN GOOD QUAL TY ALSO) . Post -It Pads - 1 112" x 2" (12 pk) Recycled PACK $ 5.19 MMM 653RP-YW $ 6. 5 L_ trtnn-Qor A.A P A r ..Ti Post -It Pads - 3" x 3" - ----- EACH •••,= Akira r r I, U NIS (BRAND) 3 Ring Binders (View Binders) - inders):ca IV $ U. -)y 1.27 Non-Rec c[ed EACH $ .62 capacity aci - All Colors EACH $ 4.89 ESS 022-12SP SERIES $ 1 l/2*capacity -All Colors EACH $ 5.75 ESS 022-112S SERIES��' EACH 2" capacity - All Colors EACH $ 7.98 ESS 022-2SP FRIES Rec cled 3" Capacity - All Colors EACH $ 9.99 ESS 022-35P ERIES ECONOMY VIEW BINDERS AVAILABLE I BLACK OR WHITE ONLY (FOR LESS ONEY) MMM 660-YW Pens: 2.5 Post -It Pop -Up Pads - 3" x 3" (12 pk) COLORS ARE: Recycled EACH $ 64 MMM Bic Micro Metal Point (bluelblk) EACH $ .86 BIC REM11 SE IES $ 1.39 Papennate Flezigrip Pens - Roller EACH $ 1.00 PAP 980 SERI S $4151 Micro Point (red/bluelblk) EACH $ 1.00 PAP 980 SERIES $ 1.4 Bic/PaperMate Round Stick Ballpoint Pen Letter size - white - wide -ruled Eine int -black, blue, red DOZEN $ 1.45 BIC GSF SERI S $ medium point -black, blue, red it $ 1.45 BIC GSM SERI S $ 3.60 Pencils: LESS EXPENSIVE PENCILS ARE AVA LABLE BUT NOT RECOMM NDED DUE T QUALITY OF MANUFACTURE. Legal size - white - wide -ruled No- 2Lead TICONDEROGA BRAND DOZEN $ 1.59 DIX 13882 $ 3.4 UNIVERSAL BOSTONIAN BRAND IF $ 1.39 UNV 55520 9.10 UNV Post -It Products: 22 , 5" x 8" - canary Rec cled - Post -It Tape Flags -All Colors SINGLES EACH $ 1.45 /EA MMM 680 SERIES $ 2.D Non -Recycled DOZEN $ 4.55 UNV 46200 'Post -It Products: NON -3M BRAND (UNIVERSAL) IS LESS E PENSIVE(AN GOOD QUAL TY ALSO) . Post -It Pads - 1 112" x 2" (12 pk) Recycled PACK $ 5.19 MMM 653RP-YW $ 6. 5 L_ trtnn-Qor A.A P A r ..Ti Post -It Pads - 3" x 3" Rec cled EACH $ -- .69 ---- MMM --- 11, 654RP-YW IV $ U. -)y 1.27 Non-Rec c[ed EACH $ .62 MMM 654-YW $ 1.22 Past -It Pads - 3" x 5" Recycled EACH $ 1.32 MMM 655RP-YW $ 1.6 Non -Recycled EACH $ .85 MMM 655-YW $ 1.6 Post -It Pads (Lined) - 4" x 6" Rec cled EACH $ NOT AVAILABLE IN 3M BO AND EACH $ 1.39 MMM 660-YW $ 2.5 Post -It Pop -Up Pads - 3" x 3" (12 pk) COLORS ARE: Recycled EACH $ 64 MMM R330 (BE R PK) $ 1. 2 Non -Recycled EACH $ .69 MMM R330-YW $ 1.27 Writing Pads: Perforated Pads -Ruled both sides Letter size - white - wide -ruled Recycled -� Non -Recycled DOZEN $ 6.15 UNV 20630 $ 16.5 Legal size - white - wide -ruled Rec cled Non -Recycled DOZEN $ 9.10 UNV 45000 22 , 5" x 8" - canary Rec cled Non -Recycled DOZEN $ 4.55 UNV 46200 Steno Notebook -Gregg, 80 pages Rec sled Non -Recycled EACH $ .99 UNV 86920 $ 1 _ M 4 fly CITY OF DIAMOND BAR RELL4BLE 6438 CORVETTE STREET SUPPLY LIST OFFICE COMMERCE, CALIFORNIA 9W40 FY 1997 " 1998 SUPPL Y & (2I3) 725-7800 EQUIPMENT Co. (800) 953-8877 FAX (213) 722-6086 UNIT ITEM of MEASURE f (1RT ren r H f ! nx. Copier Paper I �vir TMIN 1a to KAIN V) Colored Copier Paper - 20# - All Colors Astrobrite Colored Paper - 500 sheet/rm (RIVERSID BRAND) REAM/500 " $ 6.05 $16.40 UNV 11200 SE RIV (VARIOUS IES $ 1 6 # I S) $20.50 Geobri hl Colored Pa r - 175 sheet! k �- Linen Paper i Southworth -24 Ib-Recycled-lvory - 500 sheet/bx QUOTED AT PLACING 0 TIME OF ER. CLUB ITEM/FA ORDER. TORY OR SPECT Du iicating Phone Record Book: Avery Desk Saver "While You Were Out" EACH $ 2.47 AVE 47-296 ( INGLE) $ 3.50, Glue Sticks - 1.25oz DIXON 1.270Z SIZE STANDARD OFFICE SUPPLY SIZE IS 1OZ R SMALLER EACH EACH $ 6.60 $ 2.00 AVE 50-226 ( DIX 15091 OUBLE)$ 8.25 $ 2.49', Batteries Energizer/Duracell - AAA Batteries - 8 pack Energizer/Duracell - AA Batteries - 8 pack Ener izer/Duracell - 9 Volt Batteries Columnar Pads WilsonJones Columnar Pad - 4 Column Wilson Jones Columnar Pad - 5 Column Ledger Sheets Wilson Jones - 5" x 8 I/2" (WJ758 50) PACK PACK PACK OF 4 EACH SAME AS 4 PACK/ 100 $ 7.99 $ 6.99 $ 9.98 $ 1.85 COLUMN PAD $ 6.05 DUR MN240OB8 DUR MN150OB8 DUR MN1604V4 WLJ 7200/750 WLJ 758-50 10 . $ 1 8 $ 15.59i - SERIES 4.391 7 , 56 Rubber Bands #117 (7"L x 118"W) - 1 pound #34 (3 112"L x 114"W) - 1 pound POUND it $ 2.59 $ 2.59 _ UNV 01117 UNV 00164 1 $ 4 . 391 $ 4.39 ABOVE SIZE IS WRONG/SHOULD BE 1664 Wilson Jones Data Binders - Pressboard 9 112" x ll" for Unburst Sheets WITH HANGING H OKS) OR SUB UNIVERSAL SERIES LT.BLUE/BLU /GRAY/RED Desk Calendar Refills - Loose Leaf 6 1/2" x 3 1!2" - 2 pages per weekday Rec cled PRICES GET BETTER IF LARGER QUANTIT on -Recycled [T�yp�ewriter/Frinter Cartrid es HP Off,LX Print Cartrid a (HP51626A) EACH EACH EACH EACH EACH $ 3.50 $ 1.98 $ 2.15 $ 1.25 $26.36 WLJ C11-9511 UNV 15400 SE KEI E717R-50 KEI E717-50 HEW 51626A SERIES$ 5.30 IES $ 4.45 $ 5.30 $ 4.45 32, 9 IBM Wheeiwriter Ribbon (IBM1380999) EACH IBM Wheelwriter Lift -Off Tape (IBM1337765) BOX/6 HEW 51626A ARE $24.99 IN QUANTITIES OF 5 OR MORE. IBM RIBBONS MAY BE CHEAPER IN LARGER (BOX) QUANTITIES 5 $ 6.49 $ 4.50 ALSO. IBM 1380999 IBM 1337765 $ 6.45 CITY OF DIAMOND BAR SUPPLY LIST FY 1997 - 1998 UNIT 1T1✓ I of MEA.10TOw r1r10m adding Machine Rolls - single -- -- _•• ••o a I n1n ff r COMM ENTS (BRAND) ply Rec cled -- --1 Non-Rec cled — I ><dhesive Ta Scotch Magic 810 Trans Ta (3/4" x 36 R L 1.25 3 M 810 3 41 — -- yds) 'asseste tapes: 3M EA 1.40 90 minute Son MMM 5 4 2 9_{ 90 minute .95 SON C90HFB 'olariod 600 Plus Film (Twin -Pack) PK — PO ARIOD .i uid Paper Products Multi -Use Liquid EA Pentel Fine Point Correction Pen EA 15_63-01 1.25 PENTEL ZL3 W )iskettes - 2S/HD (3 1/2"): Verbatim 3M 4.40 VER86269 — BX 6.99 MMM12883 Son BX 8.10 SON43416 — Other BX �! 5 USOP000501 ,ip Disks - 100 MB - Formatted Iomega BX Maxell 14.50 MAX580005 'aper Clips: � Medium 7titnbo C -04 CHARLES LEONARD C .15 CHARLES LE HARD 'a r Clamps: — Small BX .21 ACCO 72610 Large BX .42 ACCO 7 2 6 2 0 cinder Clips: NARD -� CHARLES LF Smail - 3I4"W; 3/8"Cap DZ .10 Medium - L 1/4"W; 5/8"Cap DZ Lar e- 2"W'; 1 "Ca _DZ 1.09 to ies - Standard/Chisel Point BX .32 SWIHGLINE 51Q8 - I 5 r CITY OF DIAMOND BAR L •3 . 7 v SUPPLY LIST andable File Pockets -End Tab -I a al FY 1997 - 1998 ITEM 1 314' Expansion - (Manila) UNIT of MEASURE COST ITEM # / CONMD andable File Pockets - Letter Non -Recycled BX I 314" Expansion - (Red Fiber) SMD ETMC1516C Rec cled 3 1/2" Expansion - (Manila) g SMEAD 1514 Non-Rec cled Rec sled EA EA .39 . 4 2 SMEAD 1514 SMEAD 15 2 4 3 112" Expansion - (Red Fiber) Non -Recycled 5 i/4' Expansion -(Manila) Recycled 5 1/4' Expansion - (Red Fiber) 17.40 Rec cled EA .49 SMEAD 15241; SMEAD 15 3 4 Non -Recycled EA .49 SMEAD 1534 avelo xpandable File Pockets - Legal �.� l 314" Expansion - (Red Fiber) Recycled EA .44 SMD1516C Non -Recycled EA .44 SMD151 C 3 1/2' Expansion - (Red Fiber) Recycled Sub 28 - brown - 9" x 12" M D 15 2 6 E Non -Recycled EA .48 SMD1526E 5 1/4" Expansion - (Red Fiber) Rec cled EA .59 SMD15 3 6 G Non -Recycled EA . 59 SMD RinBinders (Re lar): x andable File Pockets -End Tab -Letter 1" ca aci - All Colors EA .85 1 3/4" Expansion - (Manila) Recycled BX —1-9-44 SMD ETM 3 112" Expansion - (Manila) Non -Recycled Recycled BX BX --11. .44 21.40 SMD ETM151 C SMD ETM152 E Non-Rec cled BX 4 0 SMD ETM -1 5 2 z E 5 114" Expansion - (Manila) Rec cled k--a-x--. WIT TONF." WILSON JONES ET �.r,,.,-De.. ,.l -a � . - - 0 (BRAND) _. --- L •3 . 7 v � L"1 V 1;11 l l_. l 7 4 V andable File Pockets -End Tab -I a al 1 314' Expansion - (Manila) Recycled BX 23.60 SMD E TMC 1516 C Non -Recycled BX 23.60 SMD ETMC1516C 3 1/2" Expansion - (Manila) R sled BX 26.80 SMD ETMC15 2 6 E Non-Rec cled26.80 5 i/4' Expansion -(Manila) Recycled BX 17.40 ' ^ 6 E SMD ETMC15 6G Non -Recycled BX 17.40 SMD ETMC15 6G avelo �.� Clasp Envelo s Sub 28 - brown - 7.5" x 10.5" BX 26—.00 Sub 28 - brown - 9" x 12" —a Sub 28 - brown - 10" x 13" BX 9.95 UA 41465 BX 12-50 QUA 416 6 5 RinBinders (Re lar): 1" ca aci - All Colors EA .85 WILSON JONE l 1/2" capacity -All Colors EA 1.58 WILSON JONES 2" capacity - All Colors --- — 3" Capacity -All Colors EA 3.15 WIT TONF." WILSON JONES CITY OF DIAMOND BAR SUPPLY LIST FY 1997 - 1998 irN1T of M]EASURE COST ITEM # 1 (BRAND) Colored Copier Paper - 20# - All Coiors Astrobrite Colored Pa r - 500 sheedrm RM 3.25 6.35 UHV 11201 ASTRO Geobri ht Colored Paper - 175 sheet/k S Linen Paper Southworth -24 16 -Recycled -Ivory - 500 sheet/bx BX 11-90 SOU 5-64C Duplicating Phone Record Book: EA 2.20 AVE 5 0 0 7 & Ave Desk Saver "While You Were Out" Glue Sticks - 1.25oz .75 AVE00196 Batteries Energizer/Duracell - AAA Batteries - 8 pack -- �, Ener tg'zer/Duracell - AA Batteries - 8 pack PK .49 3.95 DUR MN240 B8 �y Energizer/Duracell - 9 Volt Batteries EA 2.29 DUR MN150 B8 DUR MN16 0 B --I Columnar- Pads — Wilson Jones Columnar Pad -4 Column PD .89 WLJ G7204 Wilson Jones Columnar Pad - 5 Column Pn1 Ledger Sheets - Wilson Jones - 5" x 8 112" (W1758-50) — tubber Bands #117 (7"L x 1/8"W) - I pound #34 (3 1/2"L x 1/4"W) - 1 pound 29 LED — Wilson Jones Data Binders - Pressboard — 9 1/2" x I l" for Unburst Sheets )esk Calendar Refills - Loose Leaf 6 1/2" x 3 1/2" - 2 pages per weekday Recycled Non -Recycled .79 KEI F.717-5)-98 _8 'y writer/Printer Cartridges — HP Office ct LX Print Cartridge (HP51626A) EA 22.00 heelwrter Ribbon (IBMI380999) tIDBM�WheelwriterLift -Off Tape (1BM1337765) EA IBM 138099 — cul Rins Binders ('View Binders): 1' capacity - All Colors 1 1/2" ca aci - All Colors 2" capacity - All Colors 3' Capacity - All Colors ens: Bic Micro Metal Point (blue/blk) Papermate Flexigrip Pens - Roller Micro Point (red/blue/blk) Bic/PaperMate Round Stick Ballpoint Pen fine int -black, blue, red medium int -black, blue, red encils: No. 2 Lead ost-It Products: Post -It Ta Flags - All Colors (2 k) ] ost-It Products: Post -1t Pads - 1 1/2' x 2" (12 k) Post -It Pads - 3" x 3" Post -It Pads - 3" x 5" Post -It Pads (Lined) - 4" x 6' ?ost-It Pop -Up Pads - 3" x 3" (12 pk) Titin Pads: "erforated Pads -Ruled both sides Letter size - white - wide -ruled Legal size - white - wide -ruled 5" x 8" - canary iteno Notebook -Gregg, 80 pages CITY OF DIAMOND BAR SUPPLY LIST FY 1997. 1998 UNIT of MEASURE COST ITEM # ! (BRAND) EA EA 1.30 1.55 WLJ 362-10G WLJ 362-34 G 20170 EA 2.99 WLJ 362-49tAG AMP EA EA .47 BIC REM11B BK PAP 98101 DZ DZ .79 .79 ICZPAPERM E BIC PAPERMA E DZ .79 BIC/PAPERMA E Recycled DZ .40 FABER 12132 20254 Non -R cled DZ AMP 20264 Recvcled EA .94 3M Recycled PK 2.95 3M 653RP Non -Recycled R2gcled PK 1.10 3M 6 5 3 9 Y E L Non -Recycled Recycled FQ PD .21 .75 3M 6 5 4 9 Y E L 3M 655RP Non -Recycled R cled M 660RP Non -Recycled R cled P D PD 1.12 1.27 3M 6 6 0 Y E L 3M R330 (BRAND) Non -Recycled EA .55 AVE 36-746 u4 b . 30 AMP 20170 Non-Rec cled D Z 3.755 AMP 20360 Recycled I Non -Recycled Recycled DZ .15AMP 20254 Non -R cled DZ AMP 20264 Recvcled I _ _ __ _ _ _ _ - Non -Recycled EA .55 AVE 36-746 0 ITEM sheet Protectors -Non -Glare TopLoadin (Polypropylene) Side Loading (Polypropylene) Te -Inked Stamps (x-Stampers) Refill Ink - Red/BlueBlk 'ile Labels: Avery - Self -Adhesive File Labels 9116" x 3 7/I6" - All Colors Tabbies - lype on index (TA58802) mend Filing System Products: Numeric Color Code Labels (DCCRN-A) (l 114" x 1") - Assorted Numeric Color Code labels (ETSN-ADU) 1/2' - Assorted SealNiew Label Protectors (SMD CLL) He Folders: 1/3 cut - letter size - manila 1/3 cut - legal size - manila ile Folders: Smead Filing System Folders Legal, straight cut, end tab, 2' fasteners (2BET2-lW-18x3) Legal, straight cut, end tab, manilapockets: CITY OF DIAMOND BAR SUPPLY LIST FY 1997 -1998 UNrr of MEASURE COST ITEM # / COM BX, 2.50 C—LINE 62 BX .9-9 — C—LINE 2 EA 1. BX .59 PK .70 EA 50.90 EA 29.15 EA 1,98 1.89 C 1.89 3.18 BX 1 12.40 TA58802 SMEAD DCCR —A SMEAD CLL SMEAD 153L SMEAD 153L SMEAD 1530 EAD (BRAND) —1 +715140 #1524E #15I6C #1526E an ' g File Folders: - - _,etter Size - 115 cut Recycled BX 2.75 SMEAD C15HR i1 Non -Recycled BX 2.75 SMEAD C15HR gal Size - 115 cut Recycled Non 5 SMEAD C25HI2 -Recycled BX 3.45 SMEAD C25EIR CITY OF DIAMOND BAR SUPPLY LIST FY 1"7-1998 LNn 97 .l0,1 20 24 ,Addict; Maehgme Rdle - &inils piy IR=ycJed PK 3.10 — -- ' -- — Dieketta - 281i1D (3 112"): Non Rec leo EA .19 AdbWve Ta BX 4.00 Scotch Magic 810 Trinsp Te (314' x 36 de) RL 1.35 sow Other I BX BX 5.10 3.30 Cumme to $X 36 3M 90 mute EA 1.30 -- LA 1 1.41 1 Dieketta - 281i1D (3 112"): BX .20 V4cbatim BX 4.00 3M BX 3.25 sow Other I BX BX 5.10 3.30 Sta lee - Sta dW&C hiaei Point $X 36 izio DWte -109 M$ - Formatted IDe 101PK 108-10 Ms�e11 ! EA 10.58 t 9/2'd - HdWlSld3 Wd96:T0 L6. 0 wnr NbWae Cli $mail - 314-W: 318-Cp I BX .20 Medium - 1 114-W; 518'Cap BX .44 lAme I'Cap i BX 1.20 Sta lee - Sta dW&C hiaei Point $X 36 t 9/2'd - HdWlSld3 Wd96:T0 L6. 0 wnr CITY OF DIAMOND BAR SUPPLY LIST FY IM -IM um rrm or MEA.4M COST rrnf 0 / CO BRAND) Sh�e1 Ptateetwo-N "b" nv ; �e a�ru. a� - icowaiucraa EA 1 1.70 cycled BX Law Sita . 113 cut triR File I.o6ela: - clod 7.50 A - Self-Adheaive File Labels Legal Size - 115 cut Recycled BX 3.71 9116' x 3 7116' - All Colors FK 1.23 Tabblea - an bdu (TA58802) p SMMd fVift Synont PreduMs: Numeric Color Code Labels CRN -A) Q I14- x I') - Assorted Numeric Color Code Labels (ETSN-ADU) 112' - Assorted BX 24.26 1 Sestiview Label Protectors MD CLL) BG 1.65 File Folders: 113 cut - letter site - maalls 113 cut - legal size - e wW& ted By Non- BX Recycled BX No*-Pftyckd BX 3.22 1 3.90 4.00 16.00 1 File Foiden: 9MM4 Mft Enum Folders T"21 ■I.s:.M ..r r.. � r.w 2' Fasteners RA EA .35 .39 File Folders: cycled BX Law Sita . 113 cut triR 2.85 - clod 7.50 Legal Size - 115 cut Recycled BX 3.71 Non-Reeyeied BX 8.73 2 9i8 d HbuISd3 WdzC:TO z6. 02Nflt CITY OF DIAMOND BAR SUPPLY GIST FY 1997 -1998 vNrr rrBM or NCEASURE COST rrEM 0 / COMME 1 314' Expansion - (Manila)led I EA ffg MRAND) k Rk PadmIs-1,eftw .71 N/A 13/4' Expansion -{Red Fiber) RccycW EA .35 Non -Recycled SLA RX 3 112' Expansion - (Manila) 3 1 /2' Expansion - (Red Fiber) Recycled )r.4 .39 .78 N A Non -R led I N/A 5 114' Expansion - (Rod Aber) Recycled EA —.44 EA Non -Roc led N/A 3 Rim Rude (itesular): PSIS lockeh - iwteal g .89 1314- Expansion - (Red Fiber) Recycled EA .40 EA Nom- N/A 3 112" Expansion - (Red Fiber) Recycle! EA .44 EA Non -R led N A 3- Capacity - All Colon 5 114' Expansion - (Red Fiber) Remlod .54 Rewcled Non -Ree clodXYA Sub 28 - brown - 7.5- x 10.5" Non -Recycled 4.54 .71 N/A Sub 28 - brawn - 9" x 12" RX 3 112' Expansion - (Manila) Rdcyclei Non- ed EA .78 N A 4.55 5 114' Expansion - (Manila) ed Non -R ed EA N/q 3 Rim Rude (itesular): 1' capacicY - All Colon g .89 8 M PUe lockets -End Tab-LeBpl 1 112" capaci -All Calors EA 1.50 13/4' Expeesion - (Manila) Recycled Non- cled EA .79 N / A 3- Capacity - All Colon EA 3 1/2" Expansion - (Mamie) Rewcled Non -Ree clodXYA EA .90 j 5 iW Expansion - (Manila) IRecyckd Non -Recycled EA 1.39 N/A Sub 28 - brown - 7.5- x 10.5" BX 4.54 Sub 28 - brawn - 9" x 12" RX 3.74 Sub 28 - brown - 10" x 13- SX 4.55 3 Rim Rude (itesular): 1' capacicY - All Colon g .89 1 112" capaci -All Calors EA 1.50 2"capacity - All Colors EA 1.7 3- Capacity - All Colon EA 2- 92 3 9/r d NUAisti3 WdLE -To 26. @ wnf CITY of DLAMOND BAR SUPPLY LIST FY 1997-1999 rrx�n o1 NZASM COST r1EM +/ 1 CO (BRAND) Legal bixe - while - wide-rnitd Non- ed PK 3 Rkm Bit> m (View Rndikm); Post -it Pads - 3' x 3' Recycled Non-RacycWt 1- opwity - hilt Color EA 1-35 Stena NOWMIr-Gregg, 84 Pam 1 1/2* 2SEfty - All Colors EA 1.61 .70 3.6 0 2- CUWAIY - All Colon EA 1 1.88 RecycW 3' Ca . All Colors EA 3.08 Nan-IRacycled EA 1.06 i Post -It POP-UP Pads - Y x 3- (12 pk) Reqrcled Pte.: ' 6.36 NOn-ROCyClcd Bic Mkra Meta! Point (blue/blk) EA 34 Papamma Piexiarip Peas - Rollsr Micro Point IIWbIk) EA .52 BWPIW NjW Routed Stick Ballvoim Pen i line int -black, blue, red DZ .75 medium inc-black. blue, and DZ .75 Pmels: � No, 2 Lead D2 .45 1Port-11 Prodacm: Pm -It Tree Flies . All Crinn 12 n1r) Pon -it Pads - t 1R' x 2' (12 Pk) Rccydod 4 Legal bixe - while - wide-rnitd Non- ed PK 1.16 Post -it Pads - 3' x 3' Recycled Non-RacycWt E PK s 2.76 Stena NOWMIr-Gregg, 84 Pam Pon -it Pads - 3' x S' iNon-Awycled EA PK .70 3.6 0 Poll -11 Pads akoaa) - 4" x 6' RecycW NIA Nan-IRacycled EA 1.06 Post -It POP-UP Pads - Y x 3- (12 pk) Reqrcled PK ' 6.36 NOn-ROCyClcd N/A Letter size - white . ,rids -tided RQeycled EA .50 Non- EA .35 Legal bixe - while - wide-rnitd Recycled EA T 166 Non- ed .49 s• x a• - eutttyRayded EA .30 Non -Ret [ed EA .23 Stena NOWMIr-Gregg, 84 Pam Racy4cd EA .52 Nan -R led EA_ .37 4 9"S, d WUWlSd3 WdLS : ti0 26, 02 qnr CITY OF DIAMOND BAR SUPPLY LIST FY 1997 -1998 UNrr rrRM of MEASURE C09r MM 0 !COMMKI rrg (BRAND) CoDier Pawi Colored Copier Paw - 2W - All Colon Astmbrile cow" Pam - 500 ibwjrrn RM 5.35 OmftCdorad - 173 sheet/ PR 2.32 Linen Southwordl-24 lb-Recycled-lvory - 500 9=0x RM 10.01 I Pheue Record Hook: Avm Deet Saver 'Wit You Wert Cox' EA 3.30 Glue Slidw-1.2Sas 7.-A iacJDuraull - AAA Bmries - 8 pwk 9 4 PK 2.31 Ener ' !Duracell - AA Hanariea - 8 8/?K 4.3 2 Fmzgiz r/Duraacll - 9 volt Bowles 1/PK 1.93 Columnar•Pads Wilson lonas Coiumoar Pad - 4 Colmm PB .93 WHwn Jones Coiunuw Pad - s Coltuml PD .93 Led Sheets Wilwa Jonas - 5' x ! 112' (WMI-50) BX 2.44 Rubber Bands #117 (7'L x 1/8" - 1 ppuW ax 1.20 #34 (3 112'L x I14'W) - 1 pouW BX 1.20 Witroo Iona Dam Bbdm - Prmboard 9112' x 11' for Unbnnt Specs EA 1.25 Desk Calendar Rdit - Laaee Leat 6 112" x 3 14' - 2 pages per weekday Ret ed EA Non-Racycled .76 N / A lCarlPlioifr Cartriidsss HP O LX Print Caryiditc, P51626A EA 20.21 IDM Wheelwritar Ribbon (IBM 1380999) A 3. It LIBM Wheelwrimr Lift -OK Tape (MMI 337765) EA 2.77 9/9 cl NtUISd3 Wd8S : TO 16, 02wnf MEMORANDUM TO: Honorable Mayor and Members of Council VIA: Terrence L. Belanger, City Manager FROM: Frank M. Usher, Assistant City Manager,-- DATE: anager-"DATE: July 1, 1997 SUBJECT: Animal Care and Control Agreement with Pomona Valley Humane Society Recommendation: That the City Council approve an Animal Care and Control Agreement between the City of Diamond Bar and the Humane Society of Pomona Valley, for the period from July 1, 1997 through June 30, 1998. Background: The City of Diamond Bar has contracted for animal care and control services from the Humane Society of Pomona Valley since .July 1, 1989. The services provided by the Humane Society have well met the needs of the City. Annually, it is necessary to approve an agreement for the succeeding fiscal year. The agreement for Fiscal Year 1997-1998 is in the amount of $59,510, the same amount as the agreement for the previous fiscal year. This is within the amount approved by the City Council in the budget for Fiscal Year 1997-1998. Approval is respectfully recommended. CITY OF DIAMOND BAR AGENDA REPORT AGENDA Nd. T TO: Honorable Mayor and Members of the City Council MEETING DATE: July 1, 1997 REPORT DATE: June 2 , 1997 FROM: Terrence L. Belanger, City Manager TITLE: Resolution 97 -XX of the City Council of Diamond Bar for approval of Final Tract Map Nos. 132400, 52203, 52204, 52228 located on Brea Canyon Road (south of Golden Springs) in the City of Diam nd Bar (Owner: Diamond Crest Estates, Inc., Arciero & Sons, Inc.) SUMMARY: The Final Tract Maps have been submitted to the City of Diamond Bar for approval. RECOMMENDATION: It is recommended that the City Council (1) approve the attached Final Tract Map Nos. 32400, 52203, 52204, 52228; (2) authorize the Mayor to execute the Subdivision Agreement; (3) adopt Resolution No. 97 -XX; (4) authorize the City Engineer to sign the maps upon all improvement plans being complete; and (5) authorize the City Clerk to certify and process the map and C.C.& R's for recordation after signature by the City Engineer. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification X Resolution _ Bid Specification (on file in City Clerks Office) _ Ordinances(s) X Other: Subdivision Agreement EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed _ Yes X No by the City Attorney? 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? X Yes No 4. Has the report been reviewed by a Commission? _ Yes X No Which Commission? 5. Are other departments affected by the report? X Yes —No Report discussed with the following affected REVIEWED BY: >r J� Terrence L. Belang City Manager ` f c:1wp6O' LINDAKAYIAGEN-9-A32400F IN.MAP Planning Deoartnhent Frank M. Ushers Ge*ageA. Assistant City Manager City Engineer CITY COUNCIL REPORT AGENDA NO. MEETING DATE: June 25, 1997 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Tract Map Nos. 32400, 52203, 52204, 52228 ISSUE STATEMENT Approve Final Tract Map Numbers 32400, 52203, 52204, 52228 located on Brea Road in the City of Diamond Bar. RECOMMENDATION It is recommended that the City Council (1) approve the attached Final Tract Map Nitubers 32400, 52203, 52204, 52228; (2) authorize the Mayor to execute the Sub vision Agreements; (3) adopt Resolution Nos. 97 -XX (4) authorize the City Engineer to sin the maps upon all improvement plans being complete; and (5) authorize the City Cl rk to certify and process the maps for recordation after signature by the City Engineer. FINANCIAL SUMMARY Approval of the maps has no negative impact on the City budget. The develop -r has submitted $308,716.00 for payment of the required Quimby, traffic and environmental mitigation fees. In addition, recordation of the Final Maps will conclude the sale of excess public property to the applicant resulting in the receipt of $1,300,000 for placement in a parks and facilities development fund. BACKGROUNDIDISCUSSION At the May 24, 1993 Planning Commission Meeting Resolution No. 93-16 recommending approval of Vesting Tentative Tract Map No. 32400 was approved. At the Septemb r 23, 1996 Planning Commission Meeting Resolution No. 96-15 recommending approval of Vesting Tentative Tract Map No. 52203 was approved. At the October 18, 1994 City Council meeting, Council adopted Resolution No. 94-49 approving Vesting Tentative Tract No. 32400. At the November 5, 1996 City Council Meeting, Council adopted Resolution No. 96-72 approving Vesting Tentative Tract No. 52203. The applicant has divided the two (2) tentative tract maps into four (4) final maps. Vesting Tentative Map 32400 represented by Final Map 32400 and Final Map 5222 , and Final Maps 32400, 52203, 52204, 52228 June 25, 1997 Page 2 Vesting Tentative Map 52203 represented by Final Map 52203 and Final Map 52204. approach affords the applicant the ability to phase the overall project and is permitted the Subdivision Map Act, Section 66456.1 The conditions of approval require that certain improvements be constructed fi development. As the improvements have not been completed at this time, the Sub is prepared to enter into an agreement with the City to construct these improvemi a condition precedent to approval of the final map and has offered surety bonds to his performance. The subdivision agreement provides for the construction improvements and setting of subdivision monuments within 2 years. This under �r this as ire all The Final Tract Maps have been reviewed by the appropriate agencies and have been found to be technically correct and conform substantially to the approved vesting tentative tract maps. The project in question still requires final plans to be signed for drainage, sewer and water. However, all agencies reviewing those plans are formally approved. The applicant has asked to process the final maps with the understanding that they will of be permitted to record until all required plans are complete. No grading permit will be issued until final plans are approved. The final maps meet all other requirements and con itions of approval. The applicant has submitted final maps that are in substantial conformance wit Tentative Tract Maps and has complied with the conditions of approval, Staff recomi that the City Council authorize processing the Final Maps subject to the conditions by staff. Prepared By: By George A. Wentz C:1WP601LIKDAKAYICCR 97132400FIN.MAP h the nends noted 2 RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA APPROVING FINAL TRACT MAP NOS. 52203 and 52204, FOR THE SUBDIVISION ON BREA CANYON ROAD, DIAMOND BAR, CALIFORNIA. A. Recitals. (i) Diamond Crest Estates, Inc., (the "Appli hereinafter), has heretofore filed an application approval of Final Tract Map Nos. 52203 and 52204, "Application" hereinafter), as described in the title of Resolution. :ant" for {the this (ii) On September 23, 1996 the Planning Commision of the City of Diamond Bar conducted a duly noticed p blic hearing on the subject matter of the Vesting Tentative Tract Map and, upon conclusion of said public hearing on September 23, 1996 the Planning Commission adopted it's Resolution No. 96-15 recommending that the City Council approve Ve ting Tentative Tract Map No. 52203. (iii) On November 5, 1996, the Council of the City of Diamond Bar conducted a duly noticed public hearing on the Vesting Tentative Tract Map and concluded said public hearing on November 5, 1996. Council moved to adopt Resolution No. 96-72 approving Vesting Tentative Tract No. 52203. (v) All legal prerequisites to the adoptior of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is found, determined and resolved by 1 the J City Council of the City of Diamond Bar as follows: 1. This City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based on substantial evidence presented to this Council regarding the Application, this Council finds the Final Tract Map Nos. 52203 and 52204 to be in substantial conformance with the approved Vesting Tentative Tract Map No. 52203 and this Council hereby specifically approves Final Tract Map Nos. 52203 and 52204 and authorizes and directs the Mayor and City Clerk to execute the Subdivision Agreement for installation of public improvements required thereby. 3. The City Council hereby specifically finds and determines that, based upon the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, no significant adverse environmental effects will occur. 4. The City Clerk is hereby directed to: a. Certify to the adoption of this 2 Resolution; anc b. Transmit a Resolution to Inc. ADOPTED AND APPROVED this certified copy of this Diamond Crest Est tes, Of July, 1997. MAYOR I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the day of , 199 by the following vote: 11 AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: City Clerk, City of Diamond Bar C:\WP60\LINDAKAY\RESO-97\52203FIN.AMP 3 RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA APPROVING FINAL TRACT MAP NOS. 32400 and 52228, FOR THE SUBDIVISION ON BREA CANYON ROAD, DIAMOND BAR, CALIFORNIA. A. Recitals. (i) Diamond Crest Estates, Inc., (the "Applii hereinafter), has heretofore filed an application approval of Final Tract Map No. 32400 and 52228, "Application" hereinafter), as described in the title of Resolution. :ant" for (the this (ii) On May 24, 1993 the Planning Commission of the City of Diamond Bar conducted a duly noticed public he ring on the subject matter of the Vesting Tentative Tract Map and, upon conclusion of said public hearing on May 24, 1993 the Planning Commission adonti-d ;r,Q Roc„i„};„r ? n I recommending that the City Council approve Vesting Tent4ive Tract Map No. 32400. (iii) On October 18, 1994, the Council of the City of Diamond Bar conducted a duly noticed public hearing on the Vesting Tentative Tract Map and concluded said public hea ina on October 18, 1994. Council moved to adopt Resolution No. 94-49 approving Vesting Tentative Tract No. 32400. (v) All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is found, determined and resolved by 1 the City Council of the City of Diamond Bar as follows: 1. This City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based on substantial evidence presented to this Council regarding the Application, this Council finds the Final Tract Map Nos. 32400 and 52228 to be in substantial conformance with the approved Vesting Tentative Tract Map No. 32400 and this Council hereby specifically approves Final Tract Map Nos. 32400 and 52228 and authorizes and directs the Mayor and City Clerk to execute the subdivision Agreement for installation of public improvements required thereby. 3. The City Council hereby specifically finds and determines that, based upon the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, no significant adverse environmental effects will occur. 4. The City Clerk is hereby directed to: a. Certify to the adoption of this 2 Resolution; and b. Transmit a certified copy of this Resolution to Diamond Crest Estates, Inc. ADOPTED AND APPROVED this of July, 1997_ MAYOR I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the day of , 199 , by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST• City Clerk, City of Diamond B C:\WPbO\LINDAKAY\RESO-97\32400FIN.AMP 3 1 Subdivision Agreement THIS SUBDIVISION IMPROVEMENT AGREEMENT ("Agreement" her is made and entered into by and between the City of Diamond Bar, a municipal corporation ("City" herein), and the Subdivider whose name and address is set in the Subdivision Reference Data attached herein as Attachment A. RECITALS A. Subdivider has presented to the City for approval a Tract Map, identified above in the Subdivision Reference Data, of a proposed subdivision pursuant to the Subdivision Map Act of the State of California and the City's ordinances and regulations relating to the filing, approval and recordation of subdivision maps (collectively referred to herein as the "Subdivision Laws"). B. The Subdivision Laws establish, as a condition precedent to the approval of a Tract Map, that the Subdivider comply with the City Council's Resolution of Approval and either (i) complete, in compliance with City standards, all of the improvements and land development work required by the Subdivision Laws and the City Council's Resolution of Approval; or (ii) enter into a secured agreement with the Citv to complete the improvements and land development work within a period of Eme specified by the City. C. In consideration of approval of the Tract Map for the Subdivision by the City Council, Subdivider desires to enter into this Agreement whereby Subdivider promises to install and complete, at its sole expense, all public and private improvement work required by the City for the proposed Subdivision. Subdivider has secured this Agreement by improvement security required by the Subdivision Laws and approved by the City. D. Improvement Plans, and related specifications, numbered as designated above in the Subdivision Reference Data, for the construction, installation and completion of the Improvements identified in Schedule A heret , have been prepared by the Subdivider, approved by the City Engineer, and are on file in the City's Department of Public Works. The i mprovment Plans, and related specifications, are incorporated herein by this reference. NOW, THEREFORE, in consideration of the approval by the City Council f the Tract Map of the Subdivision, Subdivider and. City agree as follows: SUBDIVID1rR'S OBLIGATION TO CONSTRUCT IMPROVEMENTS A. Subdivider shall, at its sole expense, and in compliance with provisions of the Subdivision Laws, the Improvement flans, and all applicable C Standards, furnish, construct, install and guarantee the Improvements generally described in Schedule A attached hereto. B. Subdivider shall acquire and dedicate, or pay the cost of acquisition by City of, all rights-of-way, easements and other interests in real property for the construction or installation of the Improvements, free and clear all liens and encumbrances. The Subdivider's obligations with regard to the acquisition by City of off-site rights-of-way, easements and other interests in real property shall be subject to a separate agreement between Subdivider and City. C. Subject to any time extensions granted in accordance with Section 4, Subdivider shall commence construction of the Improvements as set forth above in the Subdivision Reference Data following the heading "Commencement of Improvement Work," and shall complete all Improvement! within the "Completion Period" specified in the Subdivision Reference Data; provided, however, that if the City Engineer reasonably determines that accelerate construction of the Improvements is essential in order to protect the public healt: welfare and safety, the City Engineer shall give Subdivider not less than 30 days' prior written notice to commence or accelerate installation and construction of tr Improvements, or any portion thereof. The notice shall describe the work to be done by Subdivider, the time within which work shall commence, and the perio within which the work .%-ill be completed. All or any portion of Improvements r be required to be constructed or completed at a specified time. If the Subdivider objects to the commencement or acceleration of the Improvements as spedfied b, the City Engineer, Subdivider may appeal the decision of the City Engineer to the City Council. Any such appeal shall be filed with the City Clerk within 20 days a receipt by Subdivider of the written notice from the City Engineer. D. If the Improvements to be constructed by Subdivider include monumentation, such monumentation shall be installed not later than sixty (60 days after the City's acceptance of all other Improvements pursuant to Section 2. used herein, "monumentation" shall mean the setting of survey monuments ar tie points in accordance with the Subdivision Laws, and the delivery to the City Engineer of tie notes for the points. E. Subdivider shall, at its sole expense, replace or repair all publ: improvements, public utlity facilities, and surveying or subdivision monurneni which are destroyed or damaged as a result of any work under this Agreement. 2 such replacement or repair shall be subject to the approval of the City Engineer. K VA 9 VA er ,ny F. Until any category of Improvements is accepted by the City, Subdivider shall be responsible for the care and maintenance of such ImprovemE and shall bear all risks of loss or damage to the Improvements. Neither City, nor officers, agents and employees, shall have any liability for any accident, loss or damage to the Improvements prior to their completion and acceptance by the Cit; its is G. Subdivider shall, at its sole expense, obtain all necessary per is and licenses for the construction and installation of the Improvements, give all necessary notices, and pay all fees required by City ordinance or resolution and al taxes required by law. E. Not less than ten (10) days prior to commencement of work c the Improvements, Subdivider shall give written notice to the City Engineer of t) date fixed for such commencement of work in order that the City Engineer shall have adequate time to schedule all necessary inspections. 2. INSPECTION OF WORK AND FINAL ACCEPTANCE A. Subdivider shall at all times maintain proper facilities and s access for inspection o; the Improvements by the City Engineer and other City personnel. B. Upon completion of the work on all or any category of the Improvements specified in Schedule A, the Subdivider may request a final inspection by the City Engineer. If the City Engineer determines that all or any specified category of the Improvements have been completed in accordance with this Agreement and in compliance with the Improvement Plans and all apphcab City standards, then the City Engineer shall certify to the City Council the completion of such Improvements. Subdivider shall bear all costs of inspection certification for acceptance. C. Acceptance of all or any specified category of the Improveme. by the City Council shall be made upon recommendation and certification of the City Engineer following inspection of the improvements pursuant to subparagra B above. The City Council shall act upon the City Engineer's recommendation within thirty (30) days following certification by the City Engineer that such Improvements have been completed. Acceptance by the City Council shall not constitute a waiver by the City of any defects in the Improvements. GUARANTEE AND WARRANTY OF THE IMPROVEMENTS A. If, within a period of one (1) year following acceptance by the Council of the last of Improvements specified in Schedule A, any Improvement part of any Improvements furnished, installed or constructed by the Subdivider, k, is h �:ity or or any of the work performed under this Agreement, fails to comply with any requirements of this Agreement, or the Subdivision Laws, or the Improvement Plans and related specifications, the Subdivider shall, without delay and without cost to the City, repair, replace or reconstruct any defective or otherwise unsatisfactory part or parts of the Improvements. Subdivider's obligations hereunder shall include the repair, replacement or reconstruction of all irrigation systems and all trees, shrubs, ground cover and landscaping for such one year period. B. Should the Subdivider fail or refuse to act promptly cr in accordance -with subparagraph A above, or should the exigencies of the situation require repair, replacement, or reconstruction to be undertaken before the Subdivider can be notified, then the City may, in its discretion, make the necessa repairs or replacements or perform the necessary reconstruction. if the Subdivide 's improvement security does not cover the total cost of such repair, replacement or reconstruction, the Subdivider shall reimburse the City for any excess costs incurr d. C The security furnished for the faithful performance of the Subdivider's obligation to construct and install the Improvements desmlaed shall include Subdividers liability hereunder for the one year guarantee and warranty of the Improvements. 4. TIME EXTE\SIONS A_ Upon a showing by the Subdivider of good cause therefor, the date for commencement of work on the Improvements, or the duration of the Completion Period, may be extended by the City Engineer, with the written concurrence of the City lvfanager. As used herein, "good cause" may include, without limitation, delay resulting from an act of the City; acts of God or force majeure; and strikes, boycotts or similar job actions by employees or labor organizations which prevent the conduct of the work- B. ork b. A time extension may be granted without notice to any s7arety sureties of the Subdivider and shall not affect the validity of this Agreement nor release the surety or sureties on any bond given as an improvement security pursuant to this Agreement. C. As a condition of any time extension provided for herein, the City Engineer, with the written concurxence of the City Manager, may reQuire the Subdivider to furnish new or modified improvement security guaranteeing performance of this Agreement, as extended, in an increased amount as necessary compensate for any projected increase in the Estimated Total Cost of Tmprovemei as determined by the City Engineer. 4 or to its, IMPROVEMENT SECURITY A. Prior to City's execution of this Agreement, Subdivider shall provide as security to the City: i) For Performance and Guarantee: Security in an amount equal to one hundred percent (100 %) of the Estimated Total Cost of the Improvements, Grading and Monumentation as set forth above in the Subdivision , the form of which shall be subject to Cies prion Reference Data. With this security approval, the Subdivider assures faithful performance under this Agreement, and guarantees the Improvements for one year after the completion and acceptance of the last of such Improvements against any defective workmanship or materials or any unsatisfactory performance, pursuant to Section 3 hereof. ii) For Payment: Security in an amount equal to fifty percer (50%) of the Estimated Cost of the Improvements (excluding Grading and Monumentation) as set forth above in the Subdivision Reference Data_ With this security, the form of which shall be subject to City s prior approval, the Subdivider guarantees payment to contractors, subcontractors, and persons renting equipment or furnishing labor or materials to them or to the Subdivider. If rnonumentation i involved, this improvement security shall also guarantee to the Subdivider's engineer or suzveyor payment of the Estimated Total Cost of setting monuments a! required by Government Code Section 66497. B. if the improvement security is a corporate surety bond and in the opinion of the City, any surety or sureties thereon become insufficient, the Subdivider shall renew or replace any such surety bond with good and sufficient surety within thirty (30) days after receiving from City written dernand therefor. C. Improvement security consisting of corporate surety bonds sha be kept on file with the City Engineer. If a corporate surety bond is replaced by another approved bond, the replacement shall be filed with the City Engineer and, upon filing, shall be deemed to have been made a part of and incorporated into th. Agreement. Upon filing and approval by the City Engineer of a replacement bond the former improvement security shall be released. D. Modifications of the Improvement Plans and related specifications, and modifications of the Improvements, not exceeding ten percent (107o) of the original Estimated Total Cost of the Improvements, shall not relieve release any improvement security furnished by Subdivider pursuant to this Agreement. If any such modifications exceed ten percent (10%) of the Estimated Total Cost of the Improvements, Subdivider shall furnish additional improveme security for performance and guarantee, and for payment as required by 5 or subparagraph A above, for one hundred percent 100% of the revised Estimated T Cost of the Improvements_ b. REDUCTION OR RELEASE OF IMPROVEMENT SECURITY A. Partial releases or reductions in the Subdivider's improvem security may be authorized prior to the City's acceptance of all Improvements required hereunder, as provided in this Section b. B. Upon acceptance of all or any specified category of the Improvements by the City Council, and upon request of the Subdivider, the improvement security may be reduced or released as follows: i) Security for Performance and Guarantee: Unless Subdivider submits new or additional security in an amount equal to one hundre percent (10070) of the Estimated Total Cost of the Improvements, the security for performance and guarantee shall not be reduced or released in an amount greater than fifty percent (5070) of the aggregate principal amount thereof prior to the expiration of the one year guarantee and warranty period specified in Section 3.A, nor until any claims filed during the one year warranty period have been settled. ii) Security fox Pavment: Security furnished to se -cure payment to contractors, subcontractors, and to persons providing labor, materials equipment shall, three (3) months after acceptance of all of the Improvements, be reduced to an amount equal to the total amount claimed by all claimants for whc liens have been filed and of which notice has been given to the City, plus an amount reasonably determined by the City Engineer to be required to assure the performance of any other obligations secured by the security. The balance of the security shall be released upon settlement or release of all claims and obligations which the security was given. C. If Subdivider's obligations relating to any Improvements, suc: as the water system, are subject to the approval of another governmental agency, City shall not release the improvement security therefor until the obligations are performed to the satisfaction of such other governmental agency. Such agency sh have two (2) months after Subdivider's performance of the obligation to register i satisfaction or dissatisfaction. If at the end of that period it has not registered its satisfaction or dissatisfaction, it shall be conclusively deemed that the Subdivider performance of the obligation was done to its satisfaction. y. INDEMNIFICATION OF CITY BY SUBDIVIDER A. Neither the City, nor its officers, agents and employees, shall 1 liable or responsible for any accident, injury, loss or damage to either property or 31 .i or all person attributable to or arising out of the construction or installation of the Improvements. Subdivider shall indemnify, hold harmless and defend the City, i officers, agents and employees, from and against any and all losses, claims, costs, expenses, liabilities, damages, actions, causes of action and judgments, including reasonable attorneys' fees, arising out of or attributable to Subdivider's performan. under this Agreement. B. Subdivider's obligations under this Section 7 are not conditioned or dependent upon whether the City, or its officers, agents and employees, prepared, supplied or reviewed any Improvement Plans or related specifications in connection with the Subdivision or the Improvements, or has insurance or other indemnification covering any of these matters. C. Subdivider's obligation to indemnify, hold harmless and defer the City shall extend to injuries to persons and damages to or alleged taking of property resulting from the design or construction of the Subdivision, and the Improvements required herein, and shall likewise extend to adjacent property owners asserting claims based upon the diversion of waters caused by the Subdivider's design or construction of public drainage systems, streets, and other public facilities or improvements. The City's acceptance of the Improvements sha not constitute an assumption by the City of any responsibility or liability for any damage or alleged taking of property referenced herein. City shall not be responsit or liable for the design or construction of the Subdivision or the Improvements constructed or installed pursuant to the approved Improvement Plans or the Fina Map, regardless of any act or omission by the City in approving the Improvement Plans or the Final Map, unless the particular Improvement design was required by the City over the written objection of the Subdivider, which objection stated that t: Improvement design was potentially dangerous or defective and set forth an alternative design. After City's acceptance of the Improvements, the Subdivider shall remain obligated to correct or eliminate all dangerous conditions created by defects in design or construction; provided, however, that Subdivider shall not be responsible for routine maintenance. Subdivider's obligations hereunder shall remain in effect for two (2) years following acceptance of the Improvements by the City Council. Subdivider acknowledges and agrees that Subdivider shall be responsible and liable for the design and construction of the Improvements and other work done pursuant to this Agreement, and City shall not be liable for any ac or omissions in approving, reviewing, checking, correcting or modifying any Improvement Plans or related specifications, or in inspecting, reviewing or approving any work or construction of Improvements. The Subdivider's improvement security shall not be required to secure the Subdivider's obligations under this subparagraph C beyond the one year guarantee and warranty period. If, in any judicial proceeding involving rights or obligations of indemnity hereunder any statutory immunity under the Tort Claims Act (Government Code sections 81, et sem.) asserted by the City, or its officers, agents or employees, is determined by a 7 court of competent jurisdiction to be inapplicable or unavailable to immunize the City, or its officers, agents or employees, from potential liability for any alleged act: or omissions under this Section TC, then such rights or obligations of indemnity hereunder shall be governed by principles of comparative fault. S. INSURANCE A. Prior to commencement of work on the Improvements, the Subdivider shall obtain, and shall maintain throughout the period or construction, at its sole expense, policies of general liability insurance covering an, and all damages or claims for damages for injuries to persons (including death) or property in an amount not less than $1,000,000.00 for any one person, and, subject the same limit for each person, in an amount not less than $1,000,000.00 on accou of any one incident, and in an amount not less than $1,000,000.00 .for property damage. Such policies shall be in form and substance satisfactory to the City, shall name the City, its officers, agents and employees as additional insureds, and shall contain provisions that prohibit cancellation or lapse without thirty (30) days' written notice first having been delivered to the City. Both the type and amount c insurance required by this subparagraph A may be adjusted during the term of thi. Agreement as may be deemed reasonably necessary by the City Engineer. B_ The Subdivider shall maintain on file with the Citv Engineer during the term of this Agreement a certificate or certificates of insuran evidencing the coverage and provisions set forth above in subparagraph A_ 9, OWNERSHIP OF THE IMPROVEMENTS Ownership of all or any category of the Improvements cons`ucted a installed by the Subdivider pursuant to this Agreement shall vest either in the Ci or in the Homeowners Association created as a condition of the Subdivision, or other specified governmental agency(s), as appropriate, upon acceptance of the Improvements by the City Council and recordation of a Notice of Completion. 10. DEFAULT AND BREACH BY THE SUBDIVIDER AND REMEDIES OF THE CITY A. Upon the occurrence of any of the following events, Subdivider shall be deemed to be in default under this Aveement: i) Subject to any time extensions granted in accordance with Section 4, failure to commence construction and installation of the Improvements by the commencement date set forth above in the Subdivision Reference Data; ii) Failure to correct or cure any defect in the Improvements during the one year guarantee and warranty period as required by Section 3-A; iii) Subject to any time extensions granted in accordant( with Section 4, failure to perform substantial construction work, after commencement of work on the improvements, for a period of thirty (30) days aft( written notice thereof from the City; iv) Insolvency, appointment of a receiver, or the fik of any petition in bankruptcy, whether voluntary or involuntary, and such is not cured or discharged within a period of thirty (30) days; v) Commencement of a foreclosure action against t- Subdivision or any porton thereof, or any conveyance by the Subdivider in lieu c in avoidance of foredo -sure; or �-i) Failure to maintain the improvement security required by Section S in effect during all times required by this Agreement, including failure to renew the improvement security no later than fifteen (15) da prior to any expiration date; or vii) Failure to perform any other obligations in accordance with the terms and provisions of this Agreement within thirt%, (30) da after written notice thereof from the City. B. City reserves to itself all remedies available to it at law or in equity for any breach of Subdivider's obligations under this Agreement- City shall have the right, without limitation of other rights or remedies, to draw upon or utilize any improvement security furnished hereunder to mitigate City's damage in the event of Subdivider's default. C_ The City may serve written notice of any default upon e surety on any corporate surety bond furnished as improvement security hereunder, and request that the surety take over and complete the Improvements herein specified. If such surety, within thirty (30) days after service of such notice of defa It does not give the City written notice of its intention to perforin this Agreement, c r does not commence such performance within thirty (30) days after notice to the ty of such intention to pexform, the City may take over the work and prosecute the same to completion, by contract or by any other method the City deems advisable, for the account and at the expense of the Subdivider and its surety. D. Subdivider acknowledges that the Estimated Total Cos we and improvement security amounts set forth herein may not reflect the actual cost of construction or installation of the Improvements, and, consequently, City's damages for Subdivider's default shall be measured by the cost of completing the required Improvements. If the damages incurred by the City in taking over and completing the Improvements exceeds the principal amount of the improvement security, then Subdivider shall reimburse the City in the amount of such excess. E. City may, without liability for so doing, take possession c and utilize in completing the Improvements, such materials, appliances, plant and other property belortging to Subdivider as may be on the site of the work and necessary for the performance of the work. Subdivider hereby consents to entry by the City and its forces, including contractors, upon any real property in the Subdivision owned by Subdivider or by any assignee of this Agreement, in the event the City elects to maintain or complete the work on the Improvements following Subdivider's default. F. Subdivider acknowledges and agrees that, upon approva of the Final Map for the Subdivision, City will confer substantial rights upon the Subdivider, including the right to sell, lease or finance lots within the Subdivision and that such approval constitutes the final act necessary to permit the division of land within the Subdivision. As a result, City will be damaged to the extent of the cost of construction or installation of the improvements upon Subdivider's failure to perform its obligations under this Agreement. Subdivider further acknowledge that any detern-dnati.on as to whether a reversion to acreage or rescission of approval of the Subdivision constitutes an adequate or necessary remedy for Subdivider's default shall be within the sole discretion of the City. G. The City's failure to take an enforcement action with xespect to a default, or to declare a default or breach, shall not be construed as a waiver of that default or breach or any subsequent default or breach of the Subdivider. H. If City sues to compel Subdivider's performance of this Agreement, or to recover damages or costs incurred in completing or maintainin the work on the Improvements, Subdivider agrees to pay all attorneys' fees and other costs and expenses of litigation incurred by the City in connection therewit'. even if Subdivider subsequently resumes and completes the work. al. RELATIONSHIP OF THE PARTIES Neither Subdivider, nor any of Subdivider's contractors, employees agents, are or shall be deemed to be, agents of the City in connection with the performance of Subdivider's obligations under this Agreement. 10 f, 12. ASSIGNMENT A. Subdivider shall not assign this Agreement without th prior written consent of the City. Any attempted or purported assignment in violation of this subparagraph A shall be null and void and shall have no force of effect. B. The sale or other disposition of the Subdivision shall n, relieve Subdivider of its obligations hereunder. If Subdivider intends to sell the Subdivision, or any portion thereof, to any other person or entity, the Subdivider may request a novation of this Agreement and a substitution of improvement security. Upon the City's approval of the novation and substitution of improvement security, the Subdivider may request a release or reduction of the improvement security furnished pursuant to this Agreement. 13. NOTICES All notices required or provided for in this Agreement shall be in writing, delivered in person or by mail, postage prepaid, and addressed a3 follc If to the City: City of Diamond Bar, City Clerk 21660 East Copley Drive, Ste. 100 Diamond Bar, CA 91765-4177 If to the Subdivider: STANDARD PACIFIC CORP. 9565 West MacArthur Boulevard Costa Mesa, CA 92626 Notice shall be effective on the date that it is delivered in person, or, if mailed, the date of deposit in the United States Mail. 14. ENTIRE AGREEMENT This Agreement constitutes the entire agreement of the parties wi respect to its subject matter. All modifications, amendments, or waivers of any terms of: this Agreement shall be in writing and signed by the duly authorized representatives of the parties. In the case of the City, the duly authorized representative, unless otherwise specified herein, shall be the City Engineer. 15. SEVERABILITY The provisions of this Agreement are severable. If any portion of is Agreement is held invalid by a court of competent jurisdiction, the remainder o the Agreement shall remain in full force and effect. 1 I. 16. INCORFORATION OF SUBDIVISION REFERENCE DATA AND RECITALS The Subdivision Reference Data, the Recitals and Schedule A are incorporated into this Agreement. 17. GOVERNING L.AW This Agreement shall be governed by laws of the State of 18. EFFECTIVE DATE OF THE AGREEMENT This Agreement shall be and become effective as of the date that it executed by a duly authorized officer or employee of the City, it being the inten of the parties that the Subdivider shall first execute this Agreement and thereat submit it to the City. The City shall insert the effective date in the Subdivision Reference Data in all counterparts of this Agreement and shall transmit a fully executed counterpart to the Subdivider. IN WITNESS WHEREOF, the panties have caused this Agreement o be executed by their respective officers, thereunto duly authorized, as of the dates t forth below their respective signatures. "SUBDIVIDER" - STANDARD PACIFIC CORP. :7) << r �, r de t Aut_h rrized Representat�y_,- Date: O I o�y 9-7 Date: "CITY"- THE CITY OF DI ..MOND BAR, A MUNICIPAL CORPORATION By: Robert Huff, Mayor Date: Attest By City Clerk Date: Approved as to form: By: City Attorney Date: 12 ATTACHMENT A CITY OF DIAMOND BAR LOS ANGELES COUNTY, CALIFORNIA sumvISION REFERENCE DATA FINAL TRACT MAP NO. 52204 ("Final Map" herein) Tract No. 5220+ "Subdivision" herein. Subdivider: STANDARD PACIFIC CORP. Subdivider Address: 1565 West MacArthur Boulevard Costa Mesa. CA 92626 CM COUNCIL RESOLUTION OF APPROVAL NO. 96-72 ("Resolution Of Approval" herein) IMPROVEMENT PIANS NO. see Schedule A "Improvement flans" herein) IMPROVEMENTS: SEE SCHEDULE A ESTIMATED TOTAL COSTS: GPSkMM - $ SEWER, STQMDKVM5, STREETS - $ 269,239 (Street & I�D�F�sI�1�xSA��P�(I',Ei$xS1c- ffi $ ixAD>x&ad9cYIG�I�! - $ MONUMENTATION _ $ 26,250 ]FORM OP Im?ROV12MF—NT SECURITY: :r1. NAME & ADDRESS OF CORPORATE SURETY: The American Insurance Company 1.7542 E 17th St Tustin CA 92780 SURETY BOND NUMSERs: 111 3331 7674 111 3331 7682 ,EFFECTIVE DATE OF AGREEMENT: COMMENCEMENT OF IMPRovL%fENT WORK: 180 CALENDAR DAYS AFTER EFFECTIVE DATE OF AGREEMENT COMPLETION PERIOD: 24 MONTHS AFTER EFFECTIVE DATE OF AGREEMENT 13 !rl GRADING PLANS FOR TRACT No. R.C.E. No. , DATED SCHEDULE A TRAcT MAP NO. 52204 ( ) SHEETS, PREPARED BY UNDER SUPERVISION OF . AND APPROVED STORM DRAIN IMPROVEMENT PLANS FOR TRACT No. - UNDER SUPERVISION Of R.C.P. NO. DATED AND APPROVED SHEETS) PREPAREY BY STREET IMPROVEMENT PIANS FOR TRACT NO. 52204 ( 4 SHFETS) PREPARED BY Hunsaker & Associates Irvine, Inc. UNDER SUpERV15ION OF Phi 1 i D. Dowt R.C.E. No. 42038 DATED 1-27-97 AND APPROVED SANITARY SEWFR PLANS, P.C. NO. FOR TRACT NO. 52204 ( 1 SH PREPARED BY Hunsaker & Assoc. l rvi ne I I ncUNDER SUPErVISION OF Phi 1 i p D. Dowty R-C.E. NO. 42038 DATED 2-10-97 AND APPROVED DOMESTIC WATER DISTRIBUTION SYSTEM IMPROVEMENT PLANS PR'EPAI.ED BY WALK' VALLEY WATER DISTRICT, UNDER SUPERVISION OF R.C.P. NO. DATED AND APPILOVED PLANTING AND IRRIGATION PLAN PREPARED BY DATED AND APPROVED RECLAIMED WATER SYSTEM DISTRIBUTION PLANS, TO BE PREPARED AND APPROVED THE CITY ENGINEER AND THE WALNUT VALLEY WATER DISTRICT. 14 Subdivision Agreement THIS SUBDIVISION IMPROVEMENT AGREEMENT ("Agreement" hex is made and entered into by and between the City of Diamond Bar, a municipal corporation ("City" herein), and the Subdivider whose name and address i.s set in the Subdivision Reference Data attached herein as Attachment A. RECITALS A. Subdivider has presented to the City for approval a Tract Map, identified above in the Subdivision Reference Data, of a proposed subdivision pursuant to the Subdivision Map Act of the State of California and the City's ordinances and regulations relating to the filing, approval and recordation of subdivision maps (collectively referred to herein as the "Subdivision Laws"). B. The Subdivision Laws establish, as a condition precedent to the approval of a Tract Map, that the Subdivider comply with the City Council's Resolution of Approval and either (i) complete, in compliance with City standar s, all of the improvements and land development work required by the Subdivision Laws and the City Council's Resolution of Approval; or (ii) enter into a secured agreement with the City to complete the improvements and land development work within a period of tune specified by the City. C. In consideration of approval of the Tract Map for the Subdi,,vision by the City Council, Subdivider desires to enter into this Agreement whereby Subdivider promises to install and complete, at its sole expense, all public and private improvement work required by the City for the proposed Subdivision. Subdivider has secured this Agreement by improvement security required by the Subdivision Laws and approved by the City. D. Improvement Plans, and related specifications, numbered as designated above in the Subdivision Reference Data, for the construction, installation and completion of the Improvements identified in Schedule A hereto, have been prepared by the Subdivider, approved by the City Engineer, and are on file in the City's Department of Public Works_ The Improvement Plans, and relat d specifications, are incorporated herein by this reference. NOW, THEREFORE, in consideration of the approval by the City Council f the Tract Map of the Subdivision, Subdivider and City agree as follows: SUBDIVIDER'S OBLIGATION TO CONSTRUCT IMPROVEMENTS A. Subdivider shall, at its sole expense, and in compliance with provisions of the Subdivision Laws, the Improvement Plans, and all appLcable t Standards, furnish, construct, install and guarantee the Improvements generally described in Schedule A attached hereto. B. Subdivider shall acquire and dedicate, or pay the cost of acquisition by City of, all rights-of-way, easements and other interests in real property for the construction or installation of the Improvements, free and clear all liens and encumbrances. The Subdivider's obligations with regard to the acquisition by City of off-site rights-of-way, easements and other interests in real property shall be subject to a separate agreement between Subdivider and City. C. Subject to any time extensions granted in accordance with Section 4, Subdivider shall commence construction of the Improvements as set forth above in the Subdivision Reference Data following the heading "Commencement of Improvement Work," and shall complete all Improvement.- within mprovement:within the "Completion Period" specified in the Subdivision Reference Data; provided, however, that if the City Engineer reasonably determines that accelerate construction of the improvements is essential in order to protect the public healtl welfare and safety, the City Engineer shall give Subdivider not less than 30 days' prior written notice to commence or accelerate installation and construction of th Improvements, or any portion thereof. The notice shall describe the work to be done by Subdivider, the time within which work shall commence, and the perio, within which the work v,-iE be completed. All or any portion of Improvements n be required to be constructed or completed at a specified time. If the Subdivider objects to the commencement or acceleration of the Improvements as specified by the City Engineer, Subdivider may appeal the decision of the City Engineer to the City Council. Any such appeal shall be filed with the City Clerk within 10 days of receipt by Subdivider of the written notice from the City Engineer. D. If the Improvements to be constructed by Subdivider include monumentation, such monumentation shall be installed not later than sixty (60) days after the City's acceptance of all other Improvements pursuant to Section 2. used herein, "monumentation" shall mean the setting of survey monuments an tie points in accordance with the Subdivision Laws, and the delivery to the City Engineer of tie notes for the points. E. Subdivider shall, at its sole expense, replace or repair all public improvements, public utility facilities, and surveying or subdivision monument which are destroyed or damaged as a result of any work under this Agreement. A such replacement or repair shall be subject to the approval of the City Engineer. N y er E. Until any category of Improvements is accepted by the City, Subdivider shall be responsible for the care and maintenance of such Improvem and shall bear all risks of loss or damage to the Improvements. Neither City, non officers, agents and employees, shall have any liability for any accident, loss or damage to the Improvements prion' to their completion and acceptance by the Cit nts its G. Subdivider shall, at its sole expense, obtain all necessary per its and licenses for the construction and installation of the Improvements, give all necessary notices, and pay all fees required by City ordinance or resolution and al taxes required by law. I -i. Not less than ten (10) days prior to commencement of work the Improvements, Subdi-,-ider shall give written notice to the City Engineer of t date fixed for such commencement of work in order that the City Engineer shall have adequate time to schedule all necessary inspections. 2. INSPECTION OF WORK AND FINAL. ACCEPTANCE A. Subdivider shall at all times maintain proper facilities and access for inspection of the Improvements by the City Engineer and other City personnel. B. Upon completion of the work on all or any category of the Improvements specified in Schedule A, the Subdivider may request a final inspection by the City Engineer. If the City Engineer determines that all or any specified category of the Improvements have been completed in accordance with this Agreement and in compliance with the Improvement Plans and all applicable City standards, then the City Engineer shall certify to the City Council the completion of such Improvements. Subdivider shall bear all costs of inspection and certification for acceptance. C. Acceptance of all or any specified category of the 1mvrovemer by the City Council shall be made upon recommendation and certification of the City Engineer following inspection of the Improvements pursuant to subparagra] B above. The City Council shall act upon the City Engineer's recommendation within thirty (30) days following certification by the City Engineer that such Improvements have been completed. Acceptance by the City Council shall not constitute a waiver by the City of any defects in the Improvements. 3. GUARAN-fEE AND WARRANTY OF TETE IMPROVEMENTS A. If, within a period of one (1) year following acceptance by the Council of the last of Improvements specified in Schedule A, any Improvement part of any Improvements furnished, installed or constructed by the Subdivider, 3 is rel ity or any of the work perforated under this Agreement, fails to comply with any requirements of this Agreement, or the Subdivision Laws, or the Improvement Plans and related specifications, the Subdivider shall, without delay and without cost to the City, repair, replace or reconstruct any defective or otherwise unsatisfactory part or parts of the Improvements. Subdivider's obligations hereunder shall include the repair, replacement or reconstruction of all irrigation systems and all trees, shrubs, ground cover and landscaping for such one year period. B. Should the Subdivider fail or refuse to act promptly or in accordance with subparagraph A above, or should the exigencies of the situation require repair, replacement, or reconstruction to be undertaken before the Subdivider can be notified, then the City may, in its discretion, make the necessarr repairs or replacements or perform the necessary reconstruction. If the Subdivide 's improvement security does not cover the total cost of such repair, replacement or reconstruction, the Subdivider shall reimburse the City for any excess costs incurr d. C The security furnished for the faithful performance of the Subdivider's obligation to construct and install the Improvements described he shall include Subdivider's liability hereunder for the one year guarantee and warranty of the Improvements. 4_ TIME EXTENSIONS A. Upon a showing by the Subdivider of good cause therefor, the date for commencement of work on the Improvements, or the duration of the Completion Period, may be extended by the City Engineer, with the written concurrence of the City Manager. As used herein, "good cause" may include, without limitation, delay resulting from an act of the City; acts of God or force majeure; and strikes, boycotts or similar job actions by employees or labor organizations ti l-dch prevent the conduct of the work- B- ork B_ A time extension may be granted without notice to any surety sureties of the Subdivider and shall not affect the validity of this Agreement nor release the surety or sureties on any bond given as an improvement security pursuant to this Agreement. C. As a condition of any time extension provided for herein, the City Engineer, -,v-ith the written concurrence of the City Manager, may require the Subdivider to furnish new or modified improvement security guaranteeing performance of this Agreement, as extended, in an increased amount as necessary compensate for any projected increase in the Estimated Total Cost of Improvemen as determined by the City Engineer. M 5. IMPROVEMENT SECURITY A. Prior to City's execution of this Agreement, Subdivider shall provide as security to the City: i) For Performance and Guarantee: Security in an amount equal to one hundred percent (1.00 %) of the Estimated Total Cost of the Improvements, Grading and Monumentation as set forth above in the Subdivision Reference Data. With this security, the form of which shall be subject to City's Frio] approval, the Subdivider assures faithful performance under this Agreement, and guarantees the Improvements for one year after the completion and acceptance of the last of such Improvements against any defective workmanship or materials or any unsatisfactory performance, pursuant to Section 3 hereof. ii) For Payment: Security in an amount equal to fifty perce: (50%) of the Estimated Total Cost of the Improvements (excluding Grading and Monumentation) as set forth above in the Subdivision Reference Data. With this security, the form of which shall be subject to City's prior approval, the Subdivider guarantees payment to contzactors, subcontractors, and persons renting equipment or furnishing labor or materials to them or to the Subdivider. If monumentation i involved, this improvement security shall also guarantee to the Subdivider's engineer or surveyor payment of the Estimated Total Cost of setting monurnents a required by Government Code Section 66497. B. If the improvement security is a corporate surety bond and in the opinion of the City, any surety or sureties thereon become insufficient, the Subdivider shall renew or replace any such surety bond with good and sufficient surety within thirty (30) days after receiving from City written demand therefor. C_ Improvement security consisting of corporate surety bands sl be kept on file with the City Engineer. If a corporate surety bond is replaced by another approved bond, the replacement shall be filed with the City Engineer an( upon filing, shall be deemed to have been made a part of and incorporated into t Agreement. Upon filing and approval by the City Engineer of a replacement bon the former improvement security shall be released. D. Modifications of the Improvement flans and related specifications, and modifications of the Improvements, not exceeding ten percent (10%) of the original. Estimated Total Cost of the Improvements, shall not relieve release any improvement security furnished by Subdivider pursuant to this Agreement. If any such modifications exceed ten percent (10%) of the Estimated Total Cost of the Improvements, Subdivider shall fumish additional improveme security for performance and guarantee, and for payment as required by 5 subparagraph A above, for one hundred percent 1009o' of the revised Estimated T( Cost of the Improvements. REDUCTION OR RELEASE OF IMPROVEMENT SECURITY A. Partial releases or reductions in the Subdivider's improvement security may be authorized prior to the City's acceptance of all Improvements required hereunder, as provided in this Section 6. B. Upon acceptance of alt or any specified category of the Improvements by the City Council, and upon request of the Subdivider, the improvement security may be reduced or released as follows: i) Security for Performance and Guarantee: Unless Subdivider submits new or additional security in an amount equal to one hundrE d percent (1007c) of the Estimated Total Cost of the Improvements, the security for performance and guarantee shall not be xeduced or released in an amount greate than fifty percent (507o) of the aggregate principal amount thereof prior to the expiration of the one year guarantee and warranty period specified in Section 3.A, nor until any claims filed during the one year warranty period have been settled. ii) Security for _Payment: Security furnished to secure payment to contractors, subcontractors, and to persons providing labor, materials or equipment shall, three (3) months after acceptance of all of the Improvements, be reduced to an amount equal to the total amount claimed by all claimants for whom liens have been filed and of which notice has been given to the City, plus an amount reasonably determined by the City Engineer to be required to assure the performance of any other obligations secured by the security. The balance of the security shall be released upon settlement or release of all claims and obligations Jor which the security was given. C. If Subdivider's obligations relating to any Improvements, such as the water system, are subject to the approval of another governmental agency, he City shall not release the improvement security therefor until the obligations are performed to the satisfaction of such other governmental agency. Such agency shall have two (2) months after Subdivider's performance of the obligation to register i s satisfaction or dissatisfaction. If at the end of that period it has not registered its satisfaction or dissatisfaction, it shall be conclusively deemed that the Subdivider' performance of the obligation was done to its satisfaction. T INDEMNIFICATION OF CITY BY SUBDIVIDER A. Neither the City, nor its officers, agents and employees, shall liable or responsible for any accident, injury, loss or damage to either property or person attributable to or arising out of the construction or installation of the Improvements. Subdivider shall indemnify, hold harmless and defend the City, officers, agents and employees, from and against any and all losses, claims, costs, expenses, liabilities, damages, actions, causes of action and judgments, including reasonable attorneys' fees, arising out of or attributable to Subdivider's per -forma under this Agreement. B. Subdivider's obligations under this Section 7 are not conditioned or dependent upon whether the City, or its officers, agents and employees, prepared, supplied or reviewed any Improvement Plans or related specifications in connection with the Subdivision or the Improvements, or has insurance or other indemnification covering any of these matters. C. Subdivider's obligation to indemnify, hold harmless and defer the City shall extend to injuries to persons and damages to or alleged taking of property resulting from the design or construction of the Subdivision, and the Improvements required herein, and shall likewise extend to adjacent property owners asserting claims based upon the diversion of waters caused by the Subdivider's design or construction of public drainage systems, streets, and other public facilities or improvements. The City's acceptance of the Improvements sha Pot constitute an assumption by the City of any responsibility or liability for any damage or alleged taking of property referenced herein. City shall not be responsili or liable for the design or construction of the Subdivision or the Improvements constructed or installed pursuant to the approved Improvement Plans or the Fina Map, regardless of any act or omission by the City in approving the Improvement Plans or the Final Map, unless the particular Improvement design was required by the City over the written objection of the Subdivider, which objection stated that t' Improvement design ryas potentially dangerous or defective and set forth an alternative design. After City's acceptance of the Improvements, the Subdivider shall remain obligated to correct or eliminate all dangerous conditions created by defects in design or construction; provided, however, that Subdivider shall not be responsible for routine maintenance. Subdividex's obligations hereunder shall remain in effect for two (2) years following acceptance of the Improvements by the City Council. Subdivider acknowledges and agrees that Subdivider shall be responsible and liable for the design and construction of the Improvements and other work done pursuant to this Agreement, and City shall not be liable for any ac or omissions in approving, reviewing, checking, correcting or modifying any Improvement Plans or related specifications, or in inspecting, reviewing or approving any work or construction of Improvements. The Subdivider's improvement security shall not be required to secure the Subdivider's obligations under this subparagraph C beyond the one year guarantee and warranty period. If, in any judicial proceeding involving rights or obligations of indemnity hereunder, any statutory immunity under the Tort Claims Act (Government Code sections 8V et sec.) asserted by the City, or its officers, agents or employees, is determined by a 7 1.5 le court of competent jurisdiction to be inapplicable or unavailable to immunize thi City, or its officers, agents or employees, from potential liability for any alleged act or omissions under this Section TC, then such rights or obligations of indemnity hereunder shall be governed by principles of comparative fault. 8. INSURANCE A. Prior to commencement of work on the Improvement %. the Subdivider shall obtain, and shall maintain throughout the period of construction, at its sole expense, policies of general liability insurance covering any and all damages or claims for damages for injuries to persons (including death) o property in an amount not less than $1,000,000.00 for any one person, and, subject to the same limit for each person, in an amount not less than $1,000,000.00 on accot nt of any one incident, and in an amount not less than $1„000,000.00 for property damage. Such policies shall be in form and substance satisfactory to the City, shaI name the City, its officers, agents and employees as additional insureds, and shall contain provisions that prohibit cancellation or lapse without thirty (30) days' written notice first having been delivered to the City. Both the type and amountf insurance required by this subparagraph A may be adjusted during the term of th" Agreement as may be deemed reasonably necessary by the City Engineer_ B_ The Subdivider shall maintain on file with the City Engineer during the term of this Agreement a certificate or certificates of insuran evidencing the coverage and provisions set forth above in subparagraph A. 9. OWNERSHIP OF THE IMPROVEMENTS Ownership of all or any category of the Improvements constructed ai installed by the Subdivider pursuant to this Agreement shall vest either in the Cit or in the Homeowners Association created as a condition of the Subdivision, or other specified governmental agency(s), as appropriate, upon acceptance of the Improvements by the City Council and recordation of a Notice of Completion. 10. DEFAULT AND BREACH BY THE SUBDIVIDER AND REMEDIES OF THE CITY A. Upon the occurrence of any of the following events, the Subdivider shall be deemed to be in default under this Agreement: i) Subject to any time extensions granted in accordance with Section 4, failure to commence construction and installation of the Improvements by the commencement date set forth above in the Subdivision Reference Data; 0 ii) Failure to correct or cure any defect in the Improvements during the one year guarantee and warranty period as required Section 3.A; iii) Subject to any time extensions granted in accordan(e with Section 4, failure to perform substantial construction work, after commencement of work on the Improvements, for a period of thirty (30) days afl er written notice thereof from the City; iv) Insolvency, appointment of a receiver, or the fil of any petition in bankruptcy, whether voluntary or involuntary, and such is no cured or discharged within a period of thirty (30) days; v} Commencement of a foreclosure action against Subdivision or any portion thereof, or any conveyance by the Subdivider in lieu in avoidance of foreclosure; or vi) Failure to maintain the improvement security required by Section 5 in effect during all times required by this Agreement, including failure to renew the improvement security no later than fifteen (15) da prior to any expiration date; or vii) Failure to perforrn any other obligations in accordance with the terms and provisions of this Agreement within thirty (30) after written notice thereof from the City. B. City reserves to itself all remedies available to it at law r in equity for any breach of Subdivider's obligations under this Agreement_ City shall have the right, without limitation of other rights or remedies, to draw upon or utilize any improvement security furnished hereunder to mitigate City's damages in the event of Subdivider's default. C The City may serve written notice of any default upon e surety on any corporate surety bond furnished as improvement security hereund , and request that the surety take over and complete the Improvements herein specified_ If such surety, within thirty (30) days after service of such notice of default does not give the City written notice of its intention to perform this Agreement, r does not commence such performance within thirty (30) days after notice to the C. ty of such intention to perform, the City may take over the work and prosecute the same to completion, by contract or by any other method the City deems advisable for the account and at the expense of the Subdivider and its surety. D. Subdivider acknowledges that the Estimated Total Cos P] and improvement security amounts set forth herein may not reflect the actual cos of construction or installation of the Improvements, and, consequently, City's damages for Subdivider's default shall be measured by the cost of completing the required Improvements. If the damages incurred by the City in taking over and completing the Improvements exceeds the principal amount of the improvernen security, then Subdivider shall reimburse the City in the amount of such excess. E. City may, without liability for so doing, take possession and utilize in completing the Improvements, such materials, appliances, plant an other property belonging to Subdivider as may be on the site of the work and necessary for the performance of the work. Subdivider hereby consents to entryb} the City and its forces, including contractors, upon any real property in the Subdivision owned by Subdivider or by any assignee of this Agreement, in the event the City elects to maintain or complete the work on the Improvements following Subdivider's default. F. Subdivider acknowledges and agrees that, upon approv, of the Final Map for the Subdivision, City will confer substantial rights upon the Subdivider, including the right to sell, lease or finance lots within the Subdivisior and that such approval constitutes the final act necessary to permit the division of land within the Subdivision. As a result, City will be damaged to the extent of the cost of construction or installation of the Improvements upon Subdivider's €ailur to perform its obligations under this Agreement. Subdivider further acknowledge that any deterrrdnation as to whether a reversion to acreage or rescission of approval of the Subdivision constitutes an adequate or necessary remedy for Subdivider's default shall be within the sole discretion of the City. G. The City's failure to take an enforcement action with ,respect to a default, or to declare a default or breach, shall not be construed as a waiver of that default or breach or any subsequent default or breach of the Subdivider. H. If City sues to compel Subdivider's performance of this Agreement, or to recover damages or costs incurred in completing or maintainin the work on the Improvements, Subdivider agrees to pay all attorneys' fees and other costs and expenses of litigation incurred by the City in connection therewit] even if Subdivider subsequently resumes and completes the work. 11. RELATIONSHIP OF THE PARTIES Neither Subdivider, nor any of Subdivider's contractors, employees agents, are or shall be deemed to be, agents of the City in connection with the performance of Subdivider's obligations under this Agreement. 10 12. ASSIGNMENT A. Subdivider shall not assign this Agreement without prior written consent of the City. Any attempted or purported assignment in violation of this subparagraph A shall be null and void and shall have no force effect. B. The sale or other disposition of the Subdivision shall relieve Subdivider of its obligations hereunder. If Subdivider intends to sell the Subdivision, or any portion thereof, to any other person or entity, the Subdivide may request a novation of this Agreement and a substitution of improvement security. Upon the City's approval of the novation and substitution of improvement security, the Subdivider may request a release or reduction of the improvement security furnished pursuant to this Agreement. 13. NOTICES All notices required or provided for in this Agreement shall be in writing, delivered in person or by mail, postage prepaid, and addressed as follo If to the City. City of Diamond Bar, City Clerk 21660 East Copley Drive, Ste. 100 Diamond Bar, CA 91765-4177 If to the Subdivider: STANDARD PACIFIC CORP. 1565 West MacArthur Boulevard Costa Mesa. CA 92626 Notice shall be effective on the date that it is delivered in person, or, if mailed, the date of deposit in the United States Mail. 14. ENTIRE AGREEMENT This Agreement constitutes the entire agreement of the parties with respect to its subject matter. All modifications, amendments, or waivers of any terms of this Agreement shall be in writing and signed by the duly authori_?ed representatives of the parties. In the case of the City, the duly authorized representative, unless otherwise specified herein, shall be the City Engzneer. 15. SEVERABILITY The provisions of this Agreement are severable. if any portion of th Agreement is held invalid by a court of competent jurisdiction, the remainder of Agreement shall remain in full force and effect. 11 is the 16. INCORPORATION OF SUBDIVISION REFERENCE DATA AND RECITALS The Subdivision Reference Data, the Recitals and Schedule A are incorporated into this Agreement. 17. GOVERNING LAW This Agreement shall be governed by laws of the State of Cali 18. EFFECTIVE DATE OF THE AGREEMENT This Agreement shall be and become effective as of the date that it executed by a duly authorized officer or employee of the City, it being the inters of the parties that the Subdivider shall first execute this Agreement and thereaf submit it to the City. The City shall insert the effective date in the Subdivision Reference Data in all counterparts of this Agreement and shall transmit a fully executed counterpart to the Subdivider. IN WITNESS WHEREOF, the parties have caused this Agreement o be executed by their respective officers, thereunto duly authorized, as of the dates t forth below their respective signatures. "SUBDIVIDER" - STANDARD PACIFIC CORP. ------------------------------------- Authorized RepresemuLavu Au ori zed Representative Date: _ 1sk �� L -Date: pti, Z - t hl "CITY"- THE CM of DIA.MOi,ID BAR, A MUNICIPAL CORPORATION By: Robert Huff, Mayor Date: Attest By City Clerk Date: 12 Approved as to form: By: City Attorney Date: ATTACHMENT A. CITY OF DIAMOND BAR LOS ANGELES COUNTY, CALIFORNIA SUBDIVISION REFERENCE DATA FINAL TRACT MAP NO. - 32404 __ ("Final Map" herein) Tract No. 32400 "Subdivision" herein. Subdivider: STANDARD PACIFIC CORP. Subdivider Address: 1565 West MacArthur Boulevard Costa Mesa, CA 92626 CITY COUNCIL RESOLUTION OF ArmovAL No. 9449 ("Resolution of Approval" herein) IMPROVEMENT PLANS No. see Schedule A "Improvement flans" herein) IMPROVEMENTS: SEE SCHEDULE A ESTIMATED TOTAL COSTS: (IMUR X $ SEWER, 5tV +WXIS, STREETS - $ 543,674 (Street RSI 4%kXcSHIM- $ $ 9,375 MONUMENTATION - $ FORM OP 1mFr ovp.MEN r SECURITY: Bond NAME & ADDRESS OF CORPORATE SURETY: The American Insurance Company 17542 E 17th St Tustin, CA 92780 SURETY BOND NUMBERS: 111 4160 9146 ill 4160 9153 EFFECTIVE DATE OF AGREEMENT: COMMF1NCEN4F- IT OF IMPROVEMENT WORx: 180 CALENDAR DAYS AFTER EFFECTIVE DATE OF AGREEMENT COMPLETION PERIOD: 24 MONTHS AFTER EFFECTIVE. DATE OF AGREEMENT 13 & Sevier) SCHEDULE A TRACT MAP NO. 32400 GRADING PLANS FOR TRACT NO. ( ) SHEETS, PREPARED BY UNDER SUPERVISION OF R.C.E. NO-_____, DATED , AND APPROVED STORM DRAIN IMPROVEMENT PLANS FOR TRACT NO. SHEETS) PREPARE Do BY _ UNDER SUPERVI5ION Op R.C.E. NO. ,DATED_ . AND APPROVED STREET IMPr.OvEMENT PLANS FOR TRACT NO. 32400 ( 5 SHEETS) PRr,.PA)REE BY Hunsaker & Associates Irvine, Inc. , UNDER SUPERVISION OF Philip D. Dowt R.C.E- No- 42038 r DATED 1-27-97 AND APPROVED SANITARY SEWER FLANS, P.C. No. FOR TRACT No. 32400 ( 3 SHE FTS) PREPARED BY Hunsaker & Assoc. Irvine, Inc.UNDER SUPERVISION OF Phi 1 i p D. Dowty R_C.E. No. 42038 DATED 2-10-97 AND APPROVED DOMESTIC WATER DISTRIBUTION SYSTEM IMPROVEMENT PLANS PREPARED BY WALNI T VALLEY WATER DISTRICT, UNDER SUPERVISION OF R.C.E. No. . DATED AND APPROVED PLANTING AND IRRIGATION PLAN PREPARED BY DATED AND APPROVED RECLAIMED WATER SYSTEM DISTRIBUTION PLANS, TO BE PREPARED AND APPROVED THE CITY ENGINEER AND THE WALNUT VALLEY WATER DISTRICT. 14 Subdivision Agreement THIS SUBDIVISION IMPROVEMENT AGREEMENT ("Agreement" her is made and entered into by and between the City of Diamond Bar, a municipal corporation ("City" herein), and the Subdivider whose name and address is set in the Subdivision Reference Data attached herein as Attachment A. RECITALS A. Subdivider has presented to the City for approval a Tract Map, identified above in the Subdivision Reference Data, of a proposed subdivision pursuant to the Subdivision Map Act of the State of California and the City's ordinances and regulations relating to the filing, approval and recordation of subdivision maps (collectively referred to herein as the "Subdivision Laws"). nt B. The Subdivision Laws establish, as a condition precedent to the approval of a Tract Map, that the Subdivider comply with the City Coundl's Resolution of Approval and either (i) complete, in compliance with City standar s, all of the improvements and land development work required by the Subdivision Laws and the City Council's Resolution of Approval; or (ii) enter into a secured agreement with the City to complete the improvements and land develo-pment work within a period of time specified by the City. C. In consideration of approval of the Tract Map for the Subdivision the City Council, Subdivider desires to enter into this Agreement whereby Subdivider promises to install and complete, at its sole expense, all public and private improvement work required by the City for the proposed Subdivision. Subdivider has secured this Agreement by improvement security required by t Subdivision Laws and approved by the City. D. Improvement Plans, and related specifications, numbered as designated above in the Subdivision Reference Data, for the construction, installation and completion of the Improvements identified in Schedule A here o, have been prepared by the Subdivider, approved by the City Engineer, and are o file in the City's Department of Public Works. The Improvement Plans, and related specifications, are incorporated huein by this reference. NOW, THEREFORE, in consideration of the approval by the City Council the Tract Map of the Subdivision, Subdivider and City agree as follows: SUBDIVIDER'S OBLIGATION TO CONSTRUCT IMPROVEMENTS A. Subdivider shall, at its sole expense, and in compliance with provisions of the Subdivision Laws, the Improvement Plans, and all applicable C Standards, furnish, construct, install and guarantee the Improvements generally described in Schedule A attached hereto. B. Subdivider shall acquire and dedicate, or pay the cost of acquisition by City of, all rights-of-way, easements and other interests in real property for the construction or installation of the Improvements, free and clear all liens and encumbrances. The Subdivider's obligations with regard to the acquisition by City of off-site rights-of-way, easements and other interests in real property shall be subject to a separate agreement between Subdivider and City. C. Subject to any time extensions granted in accordance with Section 4, Subdivider shall commence construction of the Improvements as set forth above in the Subdivision Reference Data following the heading "Commencement of Improvement Work, and shall complete all Improvement within the "Completion Period" specified in the Subdivision Reference Data; provided, however, that if the City Engineer reasonably determines that accelerat d construction of the Improvements is essential in order to protect the public health, welfare and safety, the City Engineer shall give Subdivider not less than 30 days' prior written .notice to commence or accelerate installation and construction oft e Improvements, or any portion thereof. The notice shall describe the work to be done by Subdivider, the time within which work shall commence, and t�ne perio within which the work v,,ill be completed. All or any portion of improvements may be required to be constructed or completed at a specified time. If the Subdivider objects to the commencement or acceleration of the Improvements as spedfied b the City Engineer, Subdivider may appeal the decision of the City Engineer to the City Council. Any such appeal shall be filed with the City Clerk within ID days a ter receipt by Subdivider of the written notice from the City Engineer_ D. If the Improvements to be constructed by Subdivider include rnoriumentation, such monumentation shall be installed not later than sixty (60 days after the City's acceptance of all other Improvements pursuant to Section 2. used herein, "monumentation" shall mean the setting of survey monuments ar tie points in accordance with the Subdivision Laws, and the delivery to the City Engineer of tie notes for the points. E. Subdivider shall, at its sole expense, replace or repair all publ. improvements, public utility facilities, and surveying or subdivision monument which are destroyed or damaged as a result of any work under this Agreement. such replacement or repair shall be subject to the approval of the City Engineer. 2 .ny F. Until any category of Improvements is accepted by the City, Subdivider shall be responsible for the care and maintenance of such Improvements and shall bear all risks of loss or damage to the Improvements. Neither City, nor its officers, agents and employees, shall have any liability for any accident, loss or damage to the Improvements prior to their completion and acceptance by the Cit . G. Subdivider shall, at its sole expense, obtain all necessary perrr its and licenses for the construction and installation of the Improvements, o ve all necessary notices, and pay all fees required by City ordinance or )resolution and al taxes required by law. H. Not less than ten (10) days prior to commencement of work on the Improvements, Subdivider shall give written notice to the City Engineer of ffie date fixed for such commencement of work in order that the City Engineer small have adequate time to schedule all necessary inspections. 2. INSPECTION OF WORK ANTD FINAL ACCEPTANCE. A. Subdivider shall at all times maintain proper facilities and sa access for inspection of the Improvements by the City Engineer and Other City personnel. B. Upon completion of the work on all or any category of the Improvements specified Ln Schedule A, the Subdivider may request a final inspection by the City Engineer. If the City Engineer determines that all or any specified category of the Improvements have been completed in accordance with this Agreement and in compliance with the Improvement Plans and all apphca le City standards, then the City Engineer shall certify to the City Council the completion of such Improvements. Subdivider shall bear all costs of inspection and certification for acceptance. C. Acceptance of all or any specified category of the Improveme; by the City Council shall be made upon recommendation and certification of the City Engineer following inspection of the Improvements pursuant to subparagra B above. The City Council shall act upon the City Engineer's recommendation within thirty (30) days following certification by the City Engineer that such Improvements have been completed. Acceptance by the City Council shall not constitute a waiver by the City of any defects in the Improvements. 3. GUARANTEE AND WARRANTY OF THE IMPROVEMENTS A. If, within a period of one (1) year following acceptance by the Council of the last of Improvements specified in Schedule A, any Improvemeni part of any Improvements furnished, installed or constructed by the Subdivider, 3 is ph City S or or any of the work performed under this Agreement, fails to comply with any requirements of this Agreement, or the Subdivision Laws, or the Improvement Plans and related specifications, the Subdivider shall, without delay and without cost to the City, repair, replace or reconstruct any defective or otherwise unsatisfactory part or parts of the improvements. Subdivider's obligations hereunder shall include the repair, replacement or reconstruction of all irrigation systems and all trees, shrubs, ground cover and landscaping for such one year period. B. Should the Subdivider fail or refuse to act promptly or in accordance with subparagraph A above, or should the exigencies of the situation require repair, replacement, or reconstruction to be undertaken before the Subdivider can be notified, then the City may, in its discretion, make the necessar repairs or replacements or perform the necessary reconstruction. If the Subdivid is improvement security does not cover the total cost of such repair, replacement o reconstruction, the Subdivider shall reimburse the City for any excess costs incur d. C The security furnished for the faithful performance of the Subdivider's obligation to construct and install the Improvements described h shall include Subdivider's liability hereunder for the one year guarantee and warranty of the Improvements. 4. TIME EXTE\SIONS A. Ripon a showing by the Subdivider of good cause therefor, th date for commencement of work on the Improvements, or the duration of the Completion Period, may be extended by the City Engineer, with the written concurrence of the City Manager. As used herein, "good cause" may include, without limitation, delay resulting from an act of the City; acts of God or force majeure; and strikes, boycotts or similar job actions by employees of labor organizations which prevent the conduct of the work- B. ork B. A time extension may be granted without notice to any surety or sureties of the Subdivider and shall not affect the validity of this Agreement nor release the surety or sureties on any bond given as an improvement security pursuant to this Agreement. C. As a condition of any time extension provided for herein, th City Engineer, with the written concurrence of the City Manager, may reciuire th Subdivider to furnish new or modified improvement security guaranteeing performance of this Agreement, as extended, in an increased amount as necessai compensate for any projected increase in the Estimated Total Cost of Improvern as determined by the City Engineer. In to kts, IMPROVEMENT SECURITY A. Prior to City's execution of this Agreement, Subdivider shall provide as security to the City: i) For Performance and Guarantee: Security in an amount equal to one hundred percent (100 %) of the Estimated Total Cost of the Improvements, Grading and yionumentation as set forth above in the Subdivision Reference Data. With this security, the form of which shall be subject to CiiY's p1101 approval, the Subdivider assures faithful performance under this Agreement, and guarantees the improvements for one year after the completion and acceptance of the last of such Improvements against any defective workmanship or materials or any unsatisfactory performance, pursuant to Section 3 hereof. ii) For F439n--nt-Security in an amount equal to fifty pence; (50%) of the Estimated Total Cost of the Improvements (excluding Grading and Monumentation) as set forth above in the Subdivision Reference Data. With this security, the form of which shall be subject to Citv,s prior approval, the Subdivider guarantees payment to contractors, subcontractors, and persons renting equipment or furnishing labor or materials to there or to the Subdivider. If rnonumentation involved, this improvement security shall also guarantee to the Subdivider's engineer or surveyor payment of the Estimated Total Cost of setting monuments a required by Government Code Section 66497. B. If the improvement security is a corporate surety bond and in the opinion of the City, any surety or sureties thereon become insufficient, the Subdivider shall renew or replace any such surety bond with good and sufficient surety within thirty (30) days after receiving from City written demand therefor. C. Improvement security consisting of corporate surety bonds sh,' be kept on file with the City Engineer. If a corporate surety bond is replaced by another approved bond, the replacement shall be filed with the City Engineer and upon filing, shall be deemed to have been made a part of and incorporated into t1, Agreement. Upon filing and approval by the City Engineer of a replacement boric the former improvement security shall be released. D. Modifications of the Improvement flans and related specifications, and modifications of the Improvements, not exceeding ten percent (10%) of the original. Estimated Total Cost of the Improvements, shall not relieve release any improvement security furnished by Subdivider pursuant to this Agreement. If any such modifications exceed ten percent (107o) of the Estimated Total Cost of the Irnprovements, Subdivider shall furnish additional improvemi security for performance and guarantee, and for payment as required by 5 ill or subparagraph A above, for one hundred percent 100% of the revised Estimated T Cost of the Improvements. 6. REDUCTION OR RELEASE OF IMPROVEMENT SECURITY A. Partial releases or reductions in the Subdivider's improvem security may be authorized prior to the City's acceptance of all Improvements required hereunder, as provided in this Section 6. B. Upon acceptance of all or any specified category of the Improvements by the City Council, and upon request of the Subdivider, the improvement security may be reduced or released as follows: i) Security for Performance and. Guarantee: Unless Subdivider submits new or additional security in an amount equal to one hundre percent (10070) of the Estimated Total Cost of the Improvements, the security for performance and guarantee shall not be reduced or released in an amount greater than fifty percent (50%) of the aggregate principal amount thereof prior to the expiration of the one year guarantee and warranty period specified in Section 3.A, nor until any claims filed during the one year warranty period have been settled. 0 ii) Security for_Paymeni: Security furnished to secure payment to contractors, subcontractors, and to persons providing labor, materials or equipment shall, three (3) months after acceptance of all of the Improvements, be reduced to an amount equal to the total amount claimed by all claimants for wh m liens have been filed and of which notice has been given to the City, plus an amount reasonably determined by the City Engineer to be required to assure the performance of any other obligations secured by the security. The balance of the security shall be released upon settlement or release of all claims and obligations or which the security was given. C. If Subdivider's obligations relating to any Improvements, suc as the water system, are subject to the approval of another governmental agency, thE City shall not release the improvement security therefor until the obligations are performed to the satisfaction of such other governmental agency. Such agency sl all have two (2) months after Subdivider's performance of the obligation to register its satisfaction or dissatisfaction. If at the end of that period it has not registered its satisfaction or dissatisfaction, it shall be conclusively deemed that the Subdividers performance of the obligation was done to its satisfaction. 7. INDEM\IIFICATION OF CITY BY SUBDIVIDER A. Neither the City, nor its officers, agents and employees, shall l liable or responsible for any accident, i.njuxy, loss or damage to either property or G person attributable to or arising out of the construction or installation of the Improvements. Subdivider shall indemnify, hold harmless and defend the City, officers, agents and employees, from and against any and all losses, claims, costs, expenses, liabilities, damages, actions, causes of action and judgments, including reasonable attorneys' fees, arising out of or attributable to Subdivider's performa under this Agreement. B. Subdivider's obligations under this Section 7 are not conditioned or dependent upon whether the City, or its officers, agents and employees, prepared, supplied or reviewed any Improvement Plans or related specifications in connection with the Subdivision or the Improvements, or has insurance or other indemnification covering any of these matters. C. Subdivider's obligation to indemnify, hold harmless and defe, the City shall extend to injuries to persons and damages to or alleged taking of property resulting from the design or construction of the Subdivision, and the Impmvements required herein, and shall likewise extend to adjacent property owners asserting claims based upon the diversion of waters caused by the Subdivider's design or construction of public drainage systems, streets, and other public facilities or improvements. The City's acceptance of the Improvements sh: not constitute an assumption by the City of any responsibility or liability for any damage or alleged taking of property referenced herein. City shall not be responsi or liable for the design or construction of the Subdivision or the Improvements constructed or installed pursuant to the approved Improvement Plans or the Fim Map, regardless of any act or omission by the City in approving the Improvement Plans or the Final Map, unless the particular Improvement design was required b: the City over the written objection of the Subdivider, which objection stated that Improvement design was potentially dangerous or defective and set forth an alternative design. After City's acceptance of the Improvements, the Subdivider shall remain obligated to correct or eliminate all dangerous conditions created by defects in design or construction; provided, however, that Subdivider shall not be responsible for routine maintenance. Subdivider's obligations hereunder shall remain in effect for two (2) years follotving acceptance of the Improvements by th City Council. Subdivider acknowledges and agrees that Subdivider shall be responsible and liable for the design and construction of the Improvements and other work done pursuant to this Agreement, and City shall not be liable for any or omissions in approving, reviewing, checking, correcting or modifying any Improvement Plans or related specifications, or in inspecting, reviewing or approving any work or construction of Improvements. The Subdivider's improvement security shall not be required to secure the Subdivider's obligation: under this subparagraph C beyond the one year guarantee and warranty period_ Il in any judicial proceeding involving rights or obligations of indemnity hereunde any statutory immunity under the Tort Claims Act (Government Code sections 8 et seq.) asserted by the City, or its officers, agents or employees, is determined by a 7 court of competent jurisdiction to be inapplicable or unavailable to immunize the City, or its officers, agents or employees, from potential liability for any alleged acts or omissions under this Section 7.C, then such rights or obligations of indemnity hereunder shall be governed by principles of comparative fault. 8. INSURANCE A. Prior to commencement of work on the Improvements, the Subdivider shall obtain, and shall maintain throughout the period of construction, at its sole expense, policies of general liability insurance covering an, and all damages or clahns for damages for injuries to persons (including death) or property in an amount not less than $1,000,000.00 for any one person, and, subject the same limit for each person, in an amount not less than $1,000,000.00 on accou of any one incident, and in an amount not less than $1,000,000.00 for property damage. Such policies shall be in form and substance satisfactory to the City, shall name the City, its officers, agents and employees as additional insureds, and shall contain provisions that prohibit cancellation or lapse without thirty (30) days' written notice first having been delivered to the City. Both the type and amount c insurance required by this subparagraph A may be adjusted during the term of thi- Agreement as may be deemed reasonably necessary by the City Engineer. B_ The Subdivider shall maintain on file with the City Engineer during the term of this Agxeernent a certificate or certificates of insuran evidencing the coverage and provisions set forth above in subparagraph A. 9. OWNERSHIP OF THE IMPROVEMENTS Ownership of all or any category of the Improvements constucted a: installed by the Subdivider pursuant to this Agreement shall vest either in the Cii or in the Homeowners Association created as a condition of the Subdivision, or other specified governmental agency(s), as appropriate, upon acceptance of the Improvements by the City Council and recordation of a Notice of Completion_ 10_ DEFAULT AND BREACH BY THE SUBDIVIDER AND REMEDIES OF THE CITY A. Upon the occurrence of any of the following events, the Subdivider shall be deemed to be in default under this Agreement: i) Subject to any time extensions granted in accordance with Section 4, failure to commence construction and installation of the Improvements by the commencement date set forth above in the Subdivision Reference Data; ii) Failure to correct or cure any defect in the Improvements during the one year guarantee and warranty period as required by Section 3.A; iii) Subject to any time extensions granted in accordance with Section 4, failure to perforin substantial construction work, after commencement of work on the Improvements, for a period of thirty (30) days aft written notice thereof from the City; iv) Insolvency, appointment of a receiver, or the fili of any petition in bankruptcy, whether voluntary or involuntary, and such is not cured or discharged within a period of thirty (30) days; v) Commencement of a foreclosure action against Subdivision or any portion thereof, or any conveyance by the Subdivider in lieu in avoidance of foreclosure; or vi) Failure to maintain the improvement security required by Section 5 in effect during all times required by this Agreement, including failure to renew the improvement security no later than fifteen (15) da prior to any expiration date; or vii) Failure to perform any other obligations in accordance with the terms and provisions of this Agreement within thirty (30) das after written notice thereof from the City. 13. City reserves to itself all remedies available to it at law r in equity for any breach of Subdivider's obligations under this Agreement_ City shall have the right, without limitation of other rights or remedies, to draw upon or utilize any improvement security furnished hereunder to mitigate City's damage in the event of Subdivider's default. C The City may serve written notice of any default upon I surety on any corporate surety bond furnished as improvement security hereund and request that the surety take over and complete the Improvements herein specified. if such surety, within thirty (30) days after service of such notice of defa does not give the City written notice of its intention to perform this Agreement, c does not commence such performance within thirty (30) days after notice to the C of such intention to perform, the City may take over the work and prosecute the same to completion, by contract or by any other method the City deems advisable, for the account and at the expense of the Subdivider and its surety. D. Subdivider acknowledges that the Estimated Total Cost! 9 and improvement security amounts set forth herein may not reflect the actual cost of construction or installation of the Improvements, and, consequently, City's damages for Subdivider's default shall be measured by the cost of completing the required Improvements. If the damages incurred by the City in taking over and completing the Improvements exceeds the principal amount of the improvement security, then Subdivider shall reimburse the City in the amount of such excess. E. City may, without liability for so doing, take possession c and utilize in completing the Improvements, such materials, appliances, plant an( other property belonging to Subdivider as may be on the site of the work and necessary for the performance of the work. Subdivider hereby consents to entry by the City and its forces, including contractors, upon any real property in the Subdivision owned by Subdivider or by any assignee of this Agreement, in the event the City elects to maintain or complete the work on the Improvements following Subdivider's default. F. Subdivider acknowledges and agrees that, upon approv< of the Final Map for the Subdivision, City will confer substantial rights upon the Subdivider, including the right to sell, lease or finance lots within the Subdivisior and that such approval constitutes the final act necessary to permit the division of land within the Subdivision. As a result, City will be damaged to the extent of the cost of construction or installation of the Improvements upon Subdivider's failur to perform its obligations under this Agreement. Subdivider further ackncwledge that any determination as to whether a reversion to acreage or rescission of approval of the Subdivision constitutes an adequate or necessary remedy for Subdivider's default shall be within the sole discretion of the City. G. The City's failure to take an enforcement action with respect to a default, or to declare a default or breach, shall not be construed as a waiver of that default or breach or any subsequent default or breach of the Subdivider. H. If City sues to compel Subdivider's performance of this Agreement, or to recover damages or costs incurred in completing or maintainin, the work on the Improvements, Subdivider agrees to pay all attorneys' fees and other costs and expenses of litigation incurred by the City in connection therewitt even if Subdivider subsequently resumes and completes the work. Il. RELATIONSHIP OF THE PARTIES Neither -Subdivider, nor any of Subdivider's contractors, employees agents, are or shall be deemed to be, agents of the City in connection with the performance of Subdivider's obligations under this Agreement. 1 0 12. ASSIGNMENT A. Subdivider shall not assign this Agreement without tl- prior written consent of the City. Any attempted or purported assignment in violation of this subparagraph A shall be null and void and shall have no force o effect. B. The sale or other disposition of the Subdivision shall relieve Subdivider of its obligations hereunder. If Subdivider intends to sell the Subdivision, or any portion thereof, to any other person or entity, the Subdivide may request a novation of this Agreement and a substitution of improvement security. Upon the City's approval of the novation and substitution of improvement security, the Subdivider may request a release or reduction of the improvement security furnished pursuant to this Agreement. 13. NOTICES All notices required or provided for in this Agreement shall be in writing, delivered in person or by mail, postage prepaid, and addressed as follc if to the City: City of Diamond Bar, City Clerk 21660 East Copley Drive, Ste. 104 Diamond Bar, CA 91765-4177 If to the Subdivider: STANDARD PACIFIC CORP. 1565 West MacArthur Boulevard Costa Mesa, CA 92626 Notice shall be effective on the date that it is delivered in person, or, if mailed, o the date of deposit in the United States Mail. 14. ENTIRE AGREEMENT This Agreement constitutes the entire agreement of the par -des wi respect to its subject mater. All modifications, amendments, or waivers of any terms of this Agreement shall be in writing and signed by the duly authorized representatives of the parties. In the case of the City, the duly authorized representative, unless othenvise specified herein, shall be the City Engineer. 15. SEVERABILITY The proti-isions of this Agreement are severable. If any portion of t Ageement is held invalid by a court of competent jurisdiction, the remainder o Agreement shall remain in full force and effect. 11 16. INCORPORATION OF SUBDIVISION REFERENCE DATA AND RECITALS The Subdivision Reference Data, the Recitals and Schedule A are incorporated into this Agreement. 17. GOVERNING LAW This Agreement shall be governed by laws of the State of C 18. EFFECTIVE DATE OF THE AGREEMENT This Agreement shall be and become effective as of the date that it executed by a duly authorized officer or employee of the City, it being the inten of the parties that the Subdivider shall first execute this Agreement and thereat submit it to the City. The City shall insert the effective date in the Subdivision Reference Data in all counterparts of this Agreement and shall transmit a fully executed counterpart to the Subdivider. IN WITNESS WHEREOF, the parties have caused this Agreement executed by their respective officers, thereunto duly authorized, as of the dates forth below their respective signatures. "SUBDIVIDER" - STANDARD PACIFIC CORP. i Authorized Representative - t tttharized Reprdsen a vs - Date: _—Date. oj 14lei � "CITY"- THE C rY OF DIAMOND BAR, A MUNICIPAL CORPORATION B y: Robert Huff, Mayor Date: Attest By City Cleric Date: 12 Approved as to form: By: City Attorney Date: ATTACHMENT A. CITY OF DIAMOND BAR LOS ANGELES COUNTY, CALIFORNIA SUBDIVISION REFERENCE DATA FINAL TRACT MAP NO. 52228 ('Final Map" herein) Tract No. 522228 Subdivider: Subdivider Address: "Subdivision" herein. STANDARD PACIFIC CORP. 1565 West MacArthur Boulevard Costa Mesa. CA 92626 CITY COUNCIL RESOLUTION OF AFPROVAL No. 94-49 ("Resolution of Approval" herein) IMPROVEMENT PLANS No. (see Schedule A "Improvement Plans" herein) IMPROVEMENTS: SEE SCHEDULE A ESTIMATED TOTAL COSTS: Go 1 L STREET & SEWER $ 484,023 $7FArW STORM DRAINS, STREETS - $ 736,639 DOMESTIC WATER SYSTEM - $ 535,000 RECLAIMED WATER SYSTEM - $ 195,000 L-NDSCAPE & IRRIGATION - $ 369,846 MONUMENTATION - $ 31,250 BREA CANYON ROAD - $ 131,451 FORM Of IMPROVEMENT SECUiz1TY: _ Bond NAME & ADDRESS OF CORPORATE SURETY: THe American InmjjanCe ComnalL 17542 E 17th St Tustin, CA 92780 SURETY $OND NUMBERS: 111 3331 7633 111 3331 _7625 1 1 1 _1311 7617 111 3331 7609 Ill 3331 7591 111 3331 5352 ....... 11JJJ1 JJVV EFFECTIVE DATE OF AGREEMENT: COMMENCEMENT OF IMPROVEMENT WORK: 180 CALENDAR DAYS AFTER EFFECTIVE DATE OF AGREEMENT COMPLETION PERIOD_ 261 MONTHS AFTER EFFECTIVE DATE OF AGREEMENT 13 GRADING PLANS FOR TRACT NO R.C.E. No__ , DATED SCHEDULE A TRACT MAI' No. 52228 ( ) SHEETS, PREPARED BY UNDER SUPERVISION OF AND APPROVED STORM DRAIN l;VIPROVI MENT PLANS FOR TRACT NO.32400 (1 2 SHEETS PREPARE BY _Hunsaker & Associates Irvine, Inc. UNDER SUPERVISION OF Gary A. Martin R.C.P. NO. 50318 DATED1-28-97 , AND APPROVED STREET IMPROVEMENT PLANS FOR TRACT NO. 52228 ( 8 SHEETS) PREPARED BY Hunsaker & Associates Irvine, Inc. , UNDER SUPERVISION Of Philip D. Dovvt R.C-E_ NO, 42038 J DATED 1-27-97 AND APPROVED SANITARY SEWER PLANS, P.C. NO. FOR TRACT NO. 52228 ( 3 SHE TS) PREPARED BY Hunsaker & Assoc. Irvine, Inc.UNDF-R SUPERVISION OF Phi I p D. Dowt R.C.E. NO. 42038 DATED 2-10-97 AND APPROVED DOMESTXC WATER DISTRIBUi'ION SYSTEM IMPROVEMENT PLANS PREPARED BY W VALLEY WATER DISTRICT, UNDER SUPERVISION OF R.C_E. No. . DATFD AND APPROVED PLANTING AND IRRIGATION PLAN PREPARED BY Professional Design Associates DATED 12-13-96 AND APPROVED RECLAIMED WATER SYSTEM DISTRIBUTION PLANS, TO BE PREPARED AND APPROVED THE CITY ENGINEER AND THE WALNUT VALLEY WATER DISTRICT. 14 Subdivision Agreement THIS SUBDIVISION IMPROVEMENT AGREEMENT ("Agreement" herei ) is made and entered into by and between the City of Diamond Bar, a municipal corporation ("City" herein), and the Subdivider whose name and address is set fo h in the Subdivision Reference Data attached herein as Attachment A. RECITALS A. Subdivider has presented to the City for approval a Tract Map, identified above in the Subdivision Reference Data, of a proposed subdivision pursuant to the Subdivision Map Act of the State of California and the City's ordinances and regulations relating to the filing, approval and recordation of subdivision maps (collectively referred to herein as the "Subdivision Laws"). B. The Subdivision Laws establish, as a condition precedent to the approval of a Tract Map, that the Subdivider comply with the City Council's Resolution of Approval and either (i) complete, in compliance with City standard, all of the improvements and land development work required by the Subdivision Laws and the City Council's Resolution of Approval; or (ii) enter into a secured agreement with the City to complete the improvements and land development work within a period of time specified by the City. C. In consideration of approval of the Tract Map for the Subdivision by the City Council, Subdivider desires to enter into this Agreement whereby Subdivider promises to install and complete, at its sole expense, all public and private improvement work required by the City .for the proposed Subdivision. Subdivider has secured this Agreement by improvement security required by the Subdivision Laws and approved by the City. D. Improvement Plans, and related specifications, numbered as designated above in the Subdivision Reference Data, for the construction, installation and completion of the Improvements identifiedin Schedule A hereto, have been prepared by the Subdivider, approved by the City Engineer, and are on file in the City's Department of Public Works. The Improvement Plans, and relate specifications, are incorporated herein by this reference. NOW, THEREFORE, in consideration of the approval by the City Council of the Tract Map of the Subdivision, Subdivider and City agree as follows: SUBDIVIDER'S OBLIGATION TO CONSTRUCT ]IMPROVEMENTS A. Subdivider shall, at its sole expense, and in compliance with provisions of the Subdivision Laws, the Improvement pians, and all applicable C Standards, furnish, construct, install and guarantee the improvements generally described in Schedule A attached hereto. B. Subdivider shall acquire and dedicate, or pay the cost of acquisition by City of, all rights-of-way, easements and other interests in real property .for the construction or installation of the Improvements, free and clear all liens and encumbrances. The Subdivider's obligations with regard to the acquisition by City of off-site rights-of-way, easements and other interests in real property shall be subject to a separate agreement between Subdivider and City. C. Subject to any time extensions granted in accordance writh Section 4, Subdivider shall commence construction of the Improvements as set forth above in the Subdivision Reference Data following the heading "Commencement of Improvement Work," and shall complete all Improvement: within the "Completion Period" specified in the Subdivision Reference Data; provided, however, that if the City Engineer reasonably determines that acceleratE construction of the Improvements is essential in order to protect the public healtl welfare and safety, the City Engineer shall give Subdivider not less than 30 days' prior written notice to commence or accelerate installation and construction of th Improvements, or any portion thereof. The notice shall describe the work to be done by Subdivider, the time within which work shall commence, and the perio� within which the work will be completed. All or any portion of Improvements n be required to be constructed or completed at a specified time. If the Subdivider objects to the commencement or acceleration of the Improvements as specified by the City Engineer, Subdivider may appeal the decision of the City Engineer to the City Council. Any such appeal shall be filed with the City Clerk within 10 days of receipt by Subdivider of the written notice from the City Engineer. D. If the Improvements to be constructed by Subdivider include monumentation, such monumentation shall be installed not later than sixty (60) days after the City's acceptance of all other Improvements pursuant to Section 2. used herein, "monumentation' shall mean the setting of survey monuments an tie points in accordance with the Subdivision Laws, and the delivery to the City Engineer of tie notes for the points. E. Subdivider shall, at its sole expense, replace or repair all pubo improvements, public utility facilities, and surveying or subdivision monument which are destroyed or damaged as a result of any work under this Agreement. such replacement or repair shall be subject to the approval of the City Engineer. 11 M pi y er y F. Until any category of Improvements is accepted by the City, Subdivider shall be responsible for the care and maintenance of such Improvem and shall bear all risks of loss or damage to the Improvements. Neither City, not officers, agents and employees, shall have any liability for any accident, loss or damage to the Improvements prior to their completion and acceptance by the Cit nts its G. Subdivider shall, at its sole expense, obtain all necessary per its and licenses for the construction and installation of the Improvements, give all necessary notices, and pay all fees required by City ordinance or resolution and all taxes required by law. H. Not less than ten (10) days prior to commencement of work Dn the Improvements, Subdivider shall give written notice to the City Engineer oft e date fixed for such commencement of work in order that the City Engineer shall have adequate time to schedule all necessary inspections. 2. INSPECTION OF WORK ANTD FINAL ACCEPTANCE A. Subdivider shall at all times maintain proper facilities and access for inspection or the Improvements by the City Engineer and other City personnel. B. Upon completion of the work on all or any category of the Improvements specified in Schedule A, the Subdivider may request a final inspection by the City Engineer. If the City Engineer determines that all or any specified category of the Improvements have been completed in accordance with this Agreement and in compliance with the improvement Plans and all applicab City standards, then the City Engineer shall certify to the City Council the completion of such Improvements. Subdivider shall bear all costs of inspection certification for acceptance. C. Acceptance of all or any specified category of the Improvemez by the City Council shall be made upon recommendation and certification of the City Engineer following inspection of the Improvements pursuant to snbparagra B above. The City Council shall act upon the City Engineer's recommendation within thirty (30) days following certification by the City Engineer that such Improvements have been completed. Acceptance by the City Council shall not constitute a waiver by the City of any defects in the Improvements. 3. GUARANTEE AND WARRANTY OF THE IMPROVEMENTS A. If, within a period of one (1) year following; acceptance by the Council of the last of Improvements specified in Schedule A, any Improvement part of any Jmprovements furnished, installed or constructed by the Subdivider, 3 is h ity or any of the work performed under this Agreement, fails to comply with any requirements of this Agreement, or the Subdivision Laws, or the Improvement Plans and related specifications, the Subdivider shall, without delay and withou cost to the City, repair, replace or reconstruct any defective or otherwise unsatisfactory part or parts of the Improvements. Subdividers obligations hereunder shall include the repair, replacement or reconstruction of all irrigatio: systems and all trees, shrubs, ground cover and landscaping for such one year period. B. Should the Subdivider fail or refuse to act promptly or in accordance with subparagraph A above, or should the exigencies of the situation require repair, replacement, or reconstruction to be undertaken before the Subdivider can be notified, then the City may, in its discretion, make the necessary repairs or replacements or perform the necessary reconstruction. if the Subdivid is improvement security does not cover the total cost of such repair, replacement o reconstruction, the Subdivider shall reimburse the City for any excess costs incur ed. C The security furnished for the faithful performance of the Subdivider's obligation to construct and instal]. the Improvements described h shall include Subdivider's liability hereunder for the one year guarantee and warranty of the Improvements. 4. TIME EXTENSIONS A. Upon a showing by the Subdivider of good cause therefor, date for commencement of work on the Improvements, or the duration of the Completion Period, may be extended by the City Engineer, with the wriuen concurrence of the City Manager. As used herein, "good cause" may include, without limitation, delay resulting from an act of the City; acts of God or force majeure; and strikes, boycotts or similar job actions by employees w labor organizations which prevent the conduct of the work- B. ork B. A time extension may be granted without notice to any surety sureties of the Subdivider and shall not affect the validity of this Agreement nor release the surety or sureties on any bond given as an improvement security pursuant to this Agreement. C. As a condition of any time extension provided for herein, the City Engineer, with the written concurrence of the City Manager, may require the Subdivider to furnish new or modified improvement security guaranteeing performance of this Agreement, as extended, in an increased amount as necessary compensate for any projected increase in the Estimated Total Cost of Improvemel as determined by the City Engineer. 0 or to As, 5. IMPROVEMENT SECURITY A. Prior to City's execution of this Agreement, Subdivider shall provide as security to the City: i) For Performance and Guarantee: Security in an amoun equal to one hundred percent (100 %) of the Estimated Total Cost of the Improvements, Grading and Monumentation as set forth above in the Subdivisio7 Reference Data. With this security, the form of which shall be subject to City's prig approval, the Subdivider assures faithful performance under this Agreement, and guarantees the Improvements for one year after the completion and acceptance of the last of such Improvements against any defective workmanship or materials or any unsatisfactory performance, pursuant to Section 3 hereof. ii) For Payment: Security in an amount equal to fifty perce (50%} of the Estimated Total Cost of the Improvements (excluding Grading and Monumentation) as set forth above in the Subdivision Reference Data. With this security, the form of which shall be subject to City's prior approval, the Subdivider guarantees payment to contractors, subcontractors, and persons renting equipment or furnishing labor or materials to them or to the Subdivider. If monumentation involved, this improvement security shall also guarantee to the Subdivider's engineer or surveyor payment of the Estimated Total Cost of setting monuments required by Government Code Section 66497. B. If the improvement security is a corporate surety bond and in the opinion of the City, any surety or sureties thereon become insufficient, the Subdivider shall renew or replace any such surety bond with good and sufficient surety within thirty (30) days after receiving from City written demand therefor. C. Improvement security consisting of corporate surety bonds be kept on file with the City Engineer. If a corporate surety bond is replaced by another approved bond, the replacement shall be filed with the City Engineer a: upon filing, shall be deemed to have been made a part of and incorporated into Agreement. Upon filing and approval by the City Engineer of a replacement be the former improvement security shall be released. D. Modifications of the Improvement Plans and related specifications, and modifications of the Improvements, not exceeding ten percent (10%) of the original. Estimated Total Cost of the Improvements, shall not relieve release any improvement security furnished by Subdivider pursuant to this Agreement. If any such modifications exceed ten percent (10%) of the Estimated Total Cost of the Improvements, Subdivider shall furnish additional improvemE security for performance and guarantee, and for payment as required by 5 or subparagraph A above, for one hundred percent 100% of the revised Estimated T� Cost of the Improvements. 6. REDUCTION OR RELEASE OF IMPROVEMENT SECURITY A. Partial releases or reductions in the Subdivider's improve security may be authorized prior to the City's acceptance of all Improvements required hereunder, as provided in this Section 6. B. Upon acceptance of all or any specified category of the Improvements by the Cite Council, and upon request of the Subdivider, the improvement security may be reduced or released as follows: i) Securitv for Performance and Guarantee: Unless Subdivider submits new or additional security in an amount equal to one hundre percent (100%) of the Estimated Total Cost of the Improvements, the security for performance and guarantee shall not be reduced or released in an amount greater than fifty percent (507o) of the aggregate principal amount thereof prior to the expiration of the one year guarantee and warranty period specified in Section 3-A, nor until any claims filed during the one year warranty period have been settled. ii) Security for Pa ent: Security furnished to secure payment to contractors, subcontractors, and to persons providing labor, materials equipment shall, three (3) months after acceptance of all of the Improvements, be reduced to an amount equal to the total amount claimed by all claimants for whc liens have been filed and of which notice has been given to the City, plus an amount reasonably determined by the City Engineer to be required to assure the performance of any other obligations secured by the security. The balance of the security shall be released upon settlement or release of all claims and obligations f which the security was given. C. If Subdivider's obligations relating to any Improvements, sucl as the water system, are subject to the approval of another governmental agency, City shall not release the improvement security therefor until the obligations are performed to the satisfaction of such other governmental agency. Such agency sh have two (Z) months after Subdivider's performance of the obligation to register i satisfaction or dissatisfaction. If at the end of that period it has not registered its satisfaction or dissatisfaction, it shall be conclusively deemed that the Subdivider' performance of the obligation was done to its satisfaction. 7. INDEMNIFICATION OF CITY by SUBDIVIDER A. Neither the City, nor its officers, agents and employees, shall liable or responsible for any accident, injury, loss or damage to either property or C person attributable to or arising out of the construction or installation of the Improvements. Subdivider shall indemnify, hold harmless and defend the City, officers, agents and employees, from and against any and all losses, claims, costs, expenses, liabilities, damages, actions, causes of action and judgments, including reasonable attorneys' fees, arising out of or attributable to Subdivider's performa under this Agreement_ B. Subdivider's obligations under this Section 7 are not conditioned or dependent upon whether the City, or its officers, agents and employees, prepared, supplied or reviewed any Improvement Plans or related specifications in connection with the Subdivision or the Improvements, or has insurance or other indemnification covering any of these matters. C. Subdivider's obligation to indemnify, hold harmless and defe the City shall extend to injuries to persons and damages to or alleged taldng of property resulting from the design or construction of the Subdivision, and the Improvements required herein, and shall likewise extend to adjacent property owners asserting claims based upon the diversion of waters caused by the Subdivider's design or construction of public drainage systems, streets, and other public facilities or improvements. The City's acceptance of the Improvements shy not constitute an assumption by the City of any responsibility or liability for any damage or alleged taking of property referenced herein. City shall not be responsil or liable for the design or construction of the Subdivision or the Improvements constructed or installed pursuant to the approved Improvement Plans or the Fina Map, regardless of any act or omission by the City in approving the Improvement Plans or the Final Map, unless the particular Improvement design was required bl the City over the written objection of the Subdivider, which objection stated that t Improvement design was potentially dangerous or defective and set forth an alternative design. After City's acceptance of the Improvements, the Subdivider shall remain obligated to correct or eliminate all dangerous conditions created by defects in design or construction, provided, however, that Subdivider shat not be responsible for routine maintenance. Subdivider's obligations hereunder shall remain in effect for two (2) years following acceptance of the Improvements by thi City Council. Subdivider acknowledges and agrees that Subdivider shall be responsible and liable for the design and construction of the Improvements and other work done pursuant to this Agreement, and City shall not be liable for any a or omissions in appzoving, reviewing, checking, correcting or modifying any Improvement Plans or related specifications, or in inspecting, reviewing or approving any work or construction of Improvements. The Subdivider's improvement security shall not be required to secure the Subdivider's obligations under this subparagraph C beyond the one year guarantee and warranty period_ If, in any judicial proceeding involving rights or obligations of indemnity hereunder any statutory immunity under the Tort Claims Act (Government Code sections 81 et seq.) asserted, by the City, or its officers, agents or employees, is determined by a 7 ce court of competent jurisdiction to be inapplicable or unavailable to immunize the City, or its officers, agents or employees, from potential liability for any alleged act or omissions under this Section 7.C, then such rights or obligations of indemnity hereunder shall be governed by principles of comparative fault. INSURANCE A. Prior to commencement of work on the Improvements the Subdivider shall obtain, and shall maintain throughout the period of construction, at its sole expense, policies of general liability insurance covering an and all damages or claims for damages for injuries to persons (including death) o property in an amount not less than $1,000,000.00 for any one person, and, subject to the same limit for each person, in an amount not less than $1,000,000.00 on account of any one incident, and in an amount not less than $1,000,000.00 for property damage. Such policies shall be in form and substance satisfactory to the City, shall name the City, its officers, agents and employees as additional insureds, and small contain provisions that prohibit cancellation or lapse without thirty (30) days' written notice first having been delivered to the City. Both the type and amount c f insurance requited by this subparagraph A may be adjusted during the term of thi Agreement as may be deemed reasonably necessary by the City Engineer. B_ The Subdivider shall maintain on file u,-ith the City Engineer during the term of this Agreement a certificate or certificates of insuran evidencing the coverage and provisions set forth above in subparagraph A. 9. OWNERSHIP OF THE IMPROVEMENTS Ovrnership of all or any category of the Improvements constructed a installed by the Subdivider pursuant to this Agreement shall vest either in the Ci or in the Homeowners Association created as a condition of the Subdivision, or other specified governmental agency(s), as appropriate, upon acceptance of the Improvements by the City Council and recordation of a Notice of Completion. 10. DEFAULT AND BREACH BY THE SUBDIVIDER AND REMEDIES OF THE CITY A. Upon the occurrence of any of the following events, the Subdivider shall be deemed to be in default under this Agreement: i) Subject to any time extensions granted in accordance with Section 4, failure to commence construction and installation of the Improvements by the commencement date set forth above in the Subdivision Reference Data; 0 ii) Failure to correct or cure any defect in the Improvements during the one year guarantee and warranty period as required Section 3.A; iii) Subject to any time extensions granted in accorda with Section 4, failure to perform substantial construction work, after commencement of work on the Improvements, for a period of thirty (30) days written notice thereof from the City.- iv) ity; iv) lnsolvencv, appointment of a receiver, or the fil ng of any petition in bankruptcy, whether voluntary or involuntary, and such is no cured or discharged within a period of thirty (30) days; v) Commencement of a foreclosure action against Subdivision or any portion thereof, or any conveyance by the Subdivider in lieu in avoidance of foreclosure; or vi) Failure to maintain the improvement security required by Section 5 in effect during all times required by this Agreement, including failure to renew the improvement security no later than fifteen (15) da prior to any expiration date; or vii) Failure to perform any other obligations in accordance with the terms and provisions of this Agreement within thirty (30) da s after written notice thereof from the City. B. City reserves to itself all remedies available to it at law or in equity for any breach of Subdivider's obligations under this Agreement_ City shall have the right, without limitation of other rights or remedies, to draw upon or utilize any improvement security furnished hereunder to mitigate City's damage in the event of Subdivider's default. C. The City may serve written notice of any default upon The surety on any corporate surety bond furnished as improvement security hereund and request that the surety take over and complete the Improvements herein specified. if such surety, within thirty (30) days after service of such notice of defa alt does not give the City written notice of its intention to perform this Agreement, cr does not cornmence such performance within thirty (30) days after notice to the Qty of such intention to perform, the City may take over the work and prosecute the same to completion, by contract or by any other method the City deems advisable, for the account and at the expense of the Subdivider and its surety. D. Subdivider acknowledges that the Estimated Total Cost! 9 and improvement security amounts set forth herein may not reflect the actual co of construction or installation of the Improvements, and, consequently, City's damages for Subdivider's default shall be measured by the cost of completing the required Improvements. If the damages incurred by the City in taking over and completing the Improvements exceeds the principal amount of the improvemer security, then Subdivider shall reimburse the City in the amount of such excess. E. City may, without liability for so doing, take possession of, and utilize in completing the Improvements, such materials, appliances, plant an other property belonging to Subdivider as may be on the site of the work and necessary for the performance of the work. Subdivider hereby consents to entry b the City and its forces, including contractors, upon any real property in the Subdivision owned by Subdivider or by any assignee of this Agreement, in the event the City elects to maintain or complete the work on the Improvements following Subdivider's default. F. Subdivider acknowledges and agrees that, upon approv of the Final Map for the Subdivision, City will confer substantial rights upon the Subdivider, including the right to sell, lease or finance lots within the Subdivisiol and that such approval constitutes the final act necessary to permit the division of land within the Subdivision_ As a result, City will be damaged to the extent of the cost of construction or installation of the Improvements upon Subdivider's failui to perforin its obligations under this Agreement. Subdivider further ackncwledgE that any determination as to tivhether a reversion to acreage or rescission of approval of the Subdivision constitutes an adequate or necessary remedy for Subdivider's default shall be within the sole discretion of the City. C. The City's failure to take an enforcement action with respect to a default, or to declare a default or breach, shall not be construed as a waiver of that default or breach or any subsequent default or breach of the Subdivider. H. If City sues to compel Subdivider's performance of this Agreement, or to recover damages or costs incurred in completing or maintainin; the work on the Improvements, Subdivider agrees to pay all attorneys' fees and other costs and expenses of litigation incurred by the City in connection therewitl even if Subdivider subsequently resumes and completes the work. IL RELATIONSHIP OF THE PARTIES Neither Subdivider, nor any of Subdivider's contractors, employees agents, are or shall be deemed to be, agents of the City in connection with the performance of Subdivider's obligations under this Agreement. 10 12. ASSIGNMENT A. Subdivider shall not assign this Agreement without prior written consent of the City. Any attempted or purported assignment in violation of this subparagraph A shall be null and void and shall have no force effect. B. The sale or other disposition of the Subdivision shall i relieve Subdivider of its obligations hereunder. if Subdivider intends to sell the Subdivision, or any portion thereof, to any other person or entity, the Subdivide; may request a novation of this Agreement and a substitution of improvement security. Upon the City's approval of the novation and substitution of improvement security, the Subdivider may request a release or reduction of the improvement security furnished pursuant to this Agreement. 13. NOTICES All notices required or provided for in this Agreement sha?1 be in writing, delivered in person or by mail, postage prepaid, and addressed as follo If to the City_ City of Diamond Bar, City Clerk 21660 East Copley Drive, Ste. 100 Diamond Bar, CA 91765-4177 If to the Subdivider: STANDARD PACIFIC CORP. 1565 West MacArthur Boulevard Costa Mesa, CA 92626 Notice shall be effective on the date that it is delivered in person, or, if mailed, oa the date of deposit in the United States Mail. 14. ENTIRE AGREEMENT This Agreement constitutes the entire agreement of the parties wi respect to its subject matter. All modifications, amendments, or waivers of any terms of this Agreement shall be in writing and signed by the duly authorized representatives of the parties. In the case of the City, the duly authorized representative, unless otherwise specified herein, shall be the City Engineer. 15. SEVERABILITY The provisions of this Agreement are severable. If any portion of Agreement is held invalid by a count of competent jurisdiction, the remainder Agreement shall remain in full force and effect. 11 the « . , 16. INCORPORATION OF SUBDIVISION REFERENCE DATA AND RECITALS The Subdivision Reference Data, the Recitals and Schedule A are incorporated into this Agreement. 17. GOVERNING LAW This Agreement shall be governed by laws of the State of Cali 18. EFFECTIVE DATE OF TETE AGREEMENT This Agreement shall be and become effective as of the date that it executed by a duly authorized officer or employee of the City, it being the i.nten of the parties that the Subdivider shall first execute this Agreement and thereaf submit it tc the City. The City shall insert the effective date in the Subdivision Reference Data in all counterparts of this Agreement and shall transmit a fully executed counterpart to the Subdivider. IN WITNESS WHEREOF, the parties have caused this Agreement executed by their respective officers, thereunto duly authorized, as of the dates forth below their respective signatures. "SUBDIVIDER" - STANDARD PACIFIC CORP. AAW-rized Representative OLi'LAW ------------------ 1 u "CITY THI: Cry OF DIP-moND BAR, A MUNICIPAL CORPORATION By: Robert Huff, Mayor Date: Attest By City Clerk Date: 12 Approved as to form: By: City Attorney Date: be t 4 1 1 ATTACHMENT A CITY OF DIAMOND BAR LOS ANGELES COUNTY, CALIFORNIA SUBDIVISION REFERENCE DATA FINAL TRACT MAP NO. 52203 ("Final Map" herein) Tract No. 52203 "Subdivision" herein. Subdivider: STANDARD PACIFIC CORP. Subdivider Address 1565 West MacArthur Boulevard Costa Mesa, CA 92626 CITY COUNCIL RESOLUTION OF APPROVAL NO. 96-72 ("Resolution of Approval" herein) IMPROVEMENT PLANS NO. (See Schedule A "Improvement Plans" herein) IMPROVEMENTS: SEE SCHEDULE A ESTIMATED TOTAL COSTS: GMYM - $ SEWER, St k k fitkid)d$, STREETS - $ 98,169 (Street & sewe il�SxTEi� - $ ]1caIEDc�xS�- $ IX �I`YISCkA1�F�(81s7IDC3%i®%� - $ MONUMENTATION - $ 8,750 FORM Of IMPROVEMENT SECURITY: Bond NAME & ADDRESS OF CORPORATE SURETY: The American Insurance Company 17542 E 17th St Tustin, CA 92780 SURETY BOND NUMBERS: 111 3331 7658 111 4160 9161 EFFECTIVE DATE OF AGREEMEINT: COMMENCEMEI 1T OF IMPROVEitifENT WORK: 1$0 CALENDAR DAYS AFTER EFFECTIVE DATE OF AGREEMENT COMPLETION PERIOD: 24 MONTHS AFTER EFFECTIVE. DATE OF AGREEMENT 13 V 1L SCHEDULE A TRACT MAP NO. 52203 GRADING PLANS FOR TRACT NO. ( ) SHEETS, rREPARED BY _ ,UNDER SUPERVISION OF R.C.E. NO._ , DATED _ AND APPROVED STORM DRAIN IMPROVEMENT PIANS FOR TRACT NO. UNDER SUPERVISION OF R.C.E. NO. . DATED , AND APPROVED STREET IMPrOVEMENT PIANS FOr, TRACT NO. 52203 ( 2 Hunsaker & Associates Irvine, Inc. , UNDER SUPERVISION OF R.C.E. No. 42038 , DATED 1-27-97 AND APPROVED SHEETS) PREPARE BY SHEETS) PREPARE BY Philip D. Dowtv SANITARY SEWER PLANS, P.C. NO. FOR TRACT NO_ 52203 ( 1 SHE T&) PREPARED BY Hunsaker & Assoc. Irvine, Inc -UNDER SUPERVISION OF Philip D. Dowty_ R.C.E. NO. 42038 , DATED 2-10-97 AND APPROVED DOMESTIC WA'T'ER DISTRIBUTION SYSTEM IMPROVEMENT PLANS PREPARED BY WALLA VALLEY WATER DISTRICT, UNDER SUPERVISION OP R-C.E. No. DATED AND APPROVED PLANTING AND IRRIGATION PLAN PREPARED BY DATED , AND APPROVED RECLAIMED WATER SYSTEM DISTRIBUTION PLANS, TO BE PREPARED AND APPROVED B' THE CITY ENGINEER AND THE WALNUT VALLEY WA'T'ER DISTRICT. 14 MEMORANDUM CITY OF DIAMOND BAR TO: Mayor and City Council Members FROM: Terrence L. Belanger, City Manager '0& SUBJECT: Budget Adjustment for Building and safety Contract Services DATE: June 24, 1997 BACKGROUND: The adjusted City Budget for Fiscal Year 1996-1997 estimated an expenditure for Building and safety Contract Services at $240,000 and estimated revenues of $400,500. Building and Safety service expenditures are based upon a percentage of the building permit, plan checking and inspection revenues received by the City. As a result of a continued increase in residential construction activity specifically, a seismic retrofit of the Montefino Condominium complex, revenues and expenditures are expected to exceed the adjusted estimates. It is now necessary to increase FY 96-97 expenditures for building and safety contracted services by $24,000 and revenues by $40,000. RECOMMENDATION: It is recommended that the City Council approve a budget adjustment increasing expenditures for Building and Safety Services by $24,000 and revenues by $40,000. JDS:dbm CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO TO: Honorable Mayor and City Council MEETING DATE: June 17, 1997 REPORT DATE: June 11, 195 7 FROM: Terrence L. Belan er, City Mana er TITLE: City Council call for review of the decision of the Planning Commission to a prove a proposed wireless telecommunications facility located at 24401 Darrin Drive,( UP 96- 10 and DR 96-9) Continued from June 3, 1997. SUMMARY: On June 3, 1997, the City Council concluded their public hearing and continued the call for review of the decision of the Planning Commission approving Conditional Us Permit (CUP) 96-10 and Development Review (DR) 96-9 to provide the applicant time I o obtain information requested by the Council. The issue before the City Council is wl ether or not to uphold the decision of the Planning Commission approving CUP 96-10 and DR 96-9 for the installation of a wireless telecommunications facility at 24401 Darrii i Drive. RECOMMENDATION: It is recommended that the City Council review the decision of the Planning Commission and direct staff as appropriate. LIST OF ATTACHMENTS: --X– Staff Report _ Public Hearing Notification Resolution(s) Bid Specification _ Ordinance(s) --X– Other: (see staff report attachme Agreement(s) EXTERNAL DISTRIBUTION: Applicants SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed N/A _ Yes No by the City Attorney? — 2. Does the report require a majority vote? ,2L Yes N 3. Has environmental impact been assessed? _ X Ye N 4. Has the report been reviewed by a Commission? _ -2L Yes N Which Commission? PLANNING COMMISSION _ 5. Are other departments affected by the report? _Yes –2L N Report discussed with the following affected departments: REVIEWED BY: r Terrence L. Belange Frank she James DeStefano City Manager Assistant City Manager Community Development Memorandum to the City Council June 17, 1997 Page 2 also directed to provide accurate and complete details of projecte tree maintenance and removal, a precise landscape plan, evidence thr the site is not visible from surrounding properties, and construct mock-up of the commercial metering pedestal placed farther awa form the right-of-way. DISCUSSION: The applicant has outlined their response to the City Council' requests in the attached letter from JM Consulting, dated June 11, 1997 and has submitted revised plans for the Council's review. The revised plans depict the height and location of the antennas; tI proposed landscaped area, the size and location of existing on-si trees, the relocation of the metering pedestal and includes mo detailed elevations of the project site and equipment cabinets. Pursuant to the Planning and Zoning Code 22.60.250 upon initiating a call for review, the City Council may affirm, modify or deny t e action of the Planning Commission or refer the matter back to t e Commission for further review. The City Council's decision m y address all aspects of the project, including the addition or deletion of any conditions. Once a decision is made, the Council shall direct staff to develop a resolution with the appropriate findings to te brought back to the next meeting. RECOMMENDATION: It is recommended that the City Council review the decision of t Planning Commission and direct staff as appropriate. Attachments: City Council Staff Report Dated June 3, 1997 (Incorporating Planni Commission Staff Report Date April 22, 1997 Planning Commission Resolution No. 97-6 Letter from JM Consulting Dated June 11, 1997 Revised Plans Dated June 12, 1997 CITY OF DIAMOND BAR INTEROFFICE MEMORANDUM TO: . HONORABLE MAYOR AND CITY COUNCIL FROM: TERRENCE L. BELANGER, CITY MANAGER SUBJECT: CALL. FOR REVIEW OF THE DECISION OF THE PLANNING COMMISSION TO APPROVE A PROPOSED WIRELESS TELECOMMUNICATIONS FACILITY AT 24401 DARRIN DRIVE (CUP 96-10 AND DR 96-9) (CONTINUED FROM JUNE 3, 1997) DATE: JUNE 17, 1997 SUMMARY: On June 3, 1997, the City Council concluded their public hearing and continued the call for review of the decision of the Planning Commission approving Conditional Use Permit (CUP) 96-10 and Development Review (DR) 96-9 to provide the applicant time to obtain information requested by the Council. The issue before the City Council is whether or not to uphold the decision of the Planning Commission approving CUP 96-10 and DR 96-9 for the installation of a wireless telecommunications facility at 24401 Darrin Drive. BACKGROUND: On May 6, 1997 the City Council called for review the Planning Commission's decision approving CUP 96-10 and DR 96-9 as outlined within Section 22.60.200 of the Planning and Zoning Code. On June 3, 1997, the Council voted to continue this item to 5:30 p.m. June 17, 1997. This was to provide the Council the opportunity to visit the mock-up of the facility installed at the subject site and to allow the applicant time to provide the following information: The height of the antennas and their precise location relative to the flat pad; the color and location of the gravel; the location of the lease line, the length of the property lease and whether the lease constitutes a subdivision of land. The applicant was Page 2 Mayor and Council Members 24401 Darrin Drive approximately five to seven feet off the top of this tree. The tree w be maintained at a height of approximately 16 feet above the ground. Q-3: What color of gravel will be used for the foot path around the an and equipment enclosure? A-3: There will be no gravel. Instead we will use pressure treated, green colored wood beams. These beams will be placed in the earth to provide a sturdy naturalized step path around the antenna and alorig the side of the equipment enclosure. Q-4: What is the boundary of the lease area? A-4: The lease references the site plan as the use area. The boundary of the initial lease area has been increased to inscribe the telecommunication facility improvements and landscaping area as shown on the revised landscaping drawings. This area is delineated n Sheet A-1, Location Plan, of the architectural drawings - Q -5: What is the term of the lease? A-5: The Lease has an initial term of five (5) years. Cox has the right to extend the Term for five (5) additional periods of five (5) years e h. Pacific Bell Mobile Systems has a similar lease. Also, both Cox and PBMS have the right to terminate their lease at ny time. Q-6: What degree of trimming will be done to the trees surrounding �he antenna? A-6: As noted above, the trees adjacent to the antenna will be trimmed five to seven feet. In this manner the antenna may transmit with ut interference and the companies will be able to maintain the height by pruning on a biannual basis. Q-7: Does the lease constitute a subdivision of land? A-7: The lease with the property owner defines the use of the property as an easement for telecommunication purposes. No specific leased land Consulting Group, Inc. June 11, 1997 Mr. Bob Huff, Mayor and Council Members City of Diamond Bar 21660 East Coply Drive, Suite 100 Diamond Bar, CA 91765-4177 Re: Responses to City Council Queries Hillside Telecommunication Facility 24401 Darrin Drive Dear Honorable Mayor and Council Members: .,7 111 7 ' 1 This is a response to queries, of the City Council pertaining to physical placement and design of the telecommunication facility proposed to be located on the north facing hillside along Armitos Place and lying west of the residence at 24410 Darrin Drive, Diamond Bar, CA in a R-1 zone. Q-1: What is the desired height of the antenna? A-1: The antenna will be two (2) feet below the existing flattened pad off Armitos Place. Two antennas owned by Cox will be placed directly east of the level pad and they will have heights of 19 feet and 22 feet. One antenna owned by Pacific Bell Mobile Systems, (PBMS) will be located farthest from the flattened pad will have a height of 24 feet. Q-2: What is the precise location of the antenna? A-2: The antenna will be placed at the elevations shown on the applicants site plan. Their exact location will be per the plans and will be located pursuant to citing by a licensed civil engineer / surveyor. The middle (Cox, 22') and the most easterly (PBMS) poles will be within the southeast spread of the existing walnut tree located down slope from the flattened pad. This placement requires the trimming of Page 4 Mayor and Council Members 24401 Darrin Drive currently have partial views of the mock equipment enclosure antenna. A windshield and pedestrian reconnaissance of the area was made. it revealed that views from the streets were not visible because hom s and foreground features such as the flattened pad block any direct vie of the mock facility. With regards to views from the sidewalk along Armitos Place, a partial view of the mock antenna poles is visible from the sidewalk just w st of Mr. Stone's residence. Plant materials along the property edge eliminate this view. Views from the residences along the opposite side of Armitos Place will be completely shielded with the installation Df the three to four foot high berm and plants. Landscaping plans reflct an upscale design for this neighborhood. Examination of the potential for views from the front yards oft ie homes along the opposite side of Armitos Place revealed that while t e homes sites and floor levels are higher than the subject antenna location, the views are not visible because the angle -of -view is interrupted by the flattened pad and will be completely shielded with the installation of the three to four foot high berm and plants. Upon completion the plants in their design will be a tranquil setting that should be effective in establishing a nice impression. Examination of the views from the residences along Darrin Drive revealed these properties look down and across. Partial views are available from their rear fences. Persons must look over their fence to see downwards. The distance from the rear of the properties lim is visibility. Brush and sloping terrain block views. Views from second story windows are blocked by distant objects such as fences, existing plantings and down sloping terrain. In locations wh re partial views are visible the camouflage and distance will lessen the awareness to a level of acceptability. These home sites are over 300 feet away from the antenna. The visiblity of a camouflage painted 10" wide 50" long three antenna panels extending six to eight feet above the top of shrubs needs to be sought and focused. Or lost. Views from the freeway are restricted. The degree of planting around the antenna, its camouflage paint and extended distance from Jhe Page 3 Mayor and Council Members 24401 Darrin Drive mentioned. In this manner the owner is not precluded from using the land for any other purpose nor does the lease create a lot by meets and bounds. Q-8: Can we provide a precise landscaping plan? A-8: A precise landscaping plan has been prepared. The plan shows placement of trees, shrubs, ground covers, fencing, earthen - berm and telecommunication facilities. Plant materials are drought tolerant. All planting areas shall be provided with a permanent irrigation system. The plan shows a three to four foot earth berm on top of the flattened pad, location of the antenna, equipment enclosure, electric metering pedestal, wood fence and pedestrian areas. Plants are shown to reflect an upscale pattern consistent with residential uses in the surrounding area. Plants are positioned to shield views of the facility from Armitos Place. Plants placed around the antenna shield views from the freeway. Q-9: What will the electrical meter pedestal look like? A-9: The electrical meter pedestal is a metal clad cabinet and houses the electrical and other such meters providing service to the facility. It is approximately handrail height (36") and measures two feet square. A set of specification will be provided separately. The color is institutional gray with a beige tone. This earthen coloring is chosen as it is characteristically a blending color for this setting. To ensure aesthetic computability with the neighboring homes the electrical meter will be located at the northwest corner of the site adjacent and east of the existing pine tree adjacent to the Fire Station. In this manner the pedestal is below the sidewalk grade. Wooden steps will be placed in the earth to provide an all weather path for meter reader people. Q-10: Will the facility be visible from any of the residences? A-10: Yes. Some of the residences lying southwest along the opposite side of Armitos Place and southeast with frontage on Darrin Drive, may Page 5 City Council Queries 24401 Darrin Drive freeway edge mitigate the impression of the facility to a level c insignificance. The use of pressure treated wooden steps and earthe tone equipment enclosure fencing surrounded by shrubs and treE mitigate the impression that these features even exist. The applicants will be in attendance at the site at 5:30 p.m. Tuesday, June 1�, 1997 to answer questions and provide information on the modified design. Sincerely, arm Ma uez, Senior Planner cc, J. cHaddad, Caraway for PBMS CITY OF DIAMOND BAR INTEROFFICE MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL FROM: TERRENCE L. BELANGER, CITY MANAGER SUBJECT: CALL FOR REVIEW OF THE DECISION OF THE PLA COMMISSION TO APPROVE A PROPOSED WIRELESS TELECOMMUNICATIONS FACILITY AT 24401 DARRIN DRIVE (CUP 96-10 AND DR 96-9) DATE: JUNE 3, 1997 SUMMARY: On May 6, 1997 the City Council voted to call for review i decision of the Planning Commission approving CUP 96-10 and 1 96-9 for the installation of a wireless telecommunications facility 24401 Darrin Drive. The issue before the City Council is whether not to uphold the decision of the Planning Commission. BACKGROUND: The Planning Commission conducted public hearings for the propos on January 28, 1997, February 25, 1997, March 25, 1997 and Ar 22, 1997. On April 22, 1997 the Planning Commission completed public hearing approving CUP 96-10 and DR 96-9 by a 4 to 1 vc and adopting Resolution No. 97-6. IG at or The Planning Commission approval permits the construction of a wireless telecommunications facility on a site adjacent to and below Armitos Place. As proposed, the facility will consist of equipment cabinets and antennas, all located below the street, not visible from Armitos Place, designed with landscaping and screening to blend in o the hillside site as viewed from above and the Pomona Freeway. On May 6, 1997 the City Council voted to call for review tl decision of the Planning Commission approving CUP 96-10 and C 96-9. Councilman Harmony requested that the Planning Commission decision be called up for review as. outlined within Section 22.60.2( of the Planning and Zoning Code. CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Honorable Mayor and City Council MEETING DATE: June 3, 1997 REPORT DATE: May 28, 1997 FROM: Terrence L. Belanger, City Manager TITLE: Call for review of the decision of the Planning Commission to approve a proposed wireless telecommunications facilty located at 24401 Darrin Drive, (CUP 96-10 and DR 96-9) SUMMARY: On May 6, 1997 the City Council voted to call for review the decision of the Planning Commission approving Conditional Use Permit (CUP) 96-10 and Development Review (DR) 96-9 for the installation of a wireless telecommunications facility at 24401 Darrin Drive. The issue before the City Council is whether or not to uphold the decision of the Planning Commission. RECOMMENDATION: It is recommended that the City Council review the decision of the Planning Commission and direct staff as appropriate. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification Resolution(s) Bid Specification _ Ordinance(s) X Other: (see staff report attachments) Agreement(s) EXTERNAL DISTRIBUTION: Applicants SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed NIA _ Yes _ No by the City Attorney? 2. Does the report require a majority vote? X Yes _ No 3. Has environmental impact been assessed? X Yes — No 4. Has the report been reviewed by a Commission? X Yes —No Which Commission? PLANNING COMMISSION 5. Are other departments affected by the report? _Yes X No Report discussed with the following affected departments: REVIEWED BY: Terrence L. Be n ger City Manager Frank M. Usher ' Jariws DeStefano Assistant City Manager Community Developm nt Director Memorandum to the City Council June 3, 1997 Page 2 Pursuant to the Planning and Zoning Code Sec. 22.60.40, notification of the City Council hearing was made in the San Gabriel V Iley Tribune on May 13, 1997 and in the Inland Valley Daily Bulletir on May 14, 1997. Approximately 275 property owners within a i001 radius of the exterior boundaries of Tract 42584 were notified of the public hearing by mail on May 14, 1997. At the request of the City Council the applicant has constructed a 3 dimensional mock-up of the proposed telecommunications facility on the subject site, which can be viewed by the Council and mem ers of the public. Pursuant to the Planning and Zoning Code 22.60.250 upon initiatin call for review, the City Council may affirm the action of Planning Commission, refer the matter back to the Commission further review, or take any action that in the opinion of the Cou; is indicated by the evidence. The City Council's decision i address all aspects of the project, including the addition or deletior any conditions. Once a decision is made, the Council shall di staff to develop a resolution with the appropriate findings to brought back to the next meeting. RECOMMENDATION: It is recommended that the City Council review the decision of Planning Commission and direct staff as appropriate. Attachments: Planning Commission Staff Report dated April 22, 1997 Planning Commission Resolution No. 97-6 Approved Development Plans Minutes of the City Council Meeting of May 6, 1997 Minutes of Planning Commission Meetings of January February 25, 1997, March 25, 1997 and April 22, 1997. Letter dated. April 29, 1997 from Councilman Harmony Petitions from Residents dated 2/25/97 and 4/15/97 First Amendment to the CC&R's for Tract 42584 2 28, . 1 1 a the for Icil, nay of be the SUMMARY - The applicant is proposing the construction of an unmanned wire telecommunications facility by two service providers. This use conditionally permitted within the Single Family Residential (R-1) zc The proposed antennas and equipment cabinets will be located on sloped area of the subject property, below street level, facing a, from the residences. The facility will not be visible from surrounding residential neighborhood and will be screened from view of freeway travelers. The project will not generate signific additional traffic, create noise or light, or impair views. The fac is required to comply with federal regulations regarding r. frequency emissions. Staff therefore recommends approval of proposed telecommunications facility. BACKGROUNWHISTORY: ss is the vay the the ant idio the The property owners, Eric and Robin Stone, and the applicants, Cox California PCS, and Pacific Bell Mobile Services (PBMS) are requesting approval of Conditional Use Permit #96-10 and Development Rev ew #96-9 This request involves the placement of three antennas and equipment cabinets to be placed on the sloped portion of a residentially zoned parcel. This project also includes a request for an amendment to Tract Map 42584, removing a restriction from said map prohibiting vehicular ingress and egress to Armitos Place. This project was originally scheduled for the January 28, 19917 Planning Commission meeting. Notification was sent to all property owners within a 500' radius of the subject site pursuant to the Planning and Zoning Code notification requirements for conditional use permits. Because the project included a request to remove a restriction from a tract map, the City Attorney advised staff, thal in addition to the customary notice, notice to all property owners within he boundaries of the tract map and within a 500` radius of the exterior boundary of the tract would be required. Based on this determination, the project was renoticed and schedi for the February 25, 1997 Planning Commission meeting. At time the applicant was proposing the telecommunications facility o barn to be located on the site's flat pad area fronting on Arm Place. 2 led hat I tos City of Diamond Bar PLANNING COMMISSION Staff Report AGENDA ITEM NUMBER: 6.1 REPORT DATE: April 16, 1997 MEETING DATE: April 22, 1997 CASE/FILE NUMBER: Conditional Use Permit No. 96-10 Development Review No. 96-9 APPLICATION REQUEST: A request for the co -location of -- telecommunications facility by two service providers on a residential property and a request for an amendment to Tract Map 42584, removing a restriction from said map prohibiting vehicular ingress and egress to Armitos Place. PROPERTY LOCATION: 24401 Darrin Drive APPLICANTS: Cox California PCS, Inc. 2381 Morse Avenue Irvine, CA 92714 Pacific Bell Mobile Services 5959 W. Century Boulevard Los Angeles, CA 90045 PROPERTY OWNERS: Eric and Robin Stone 24401 Darrin Drive Diamond Bar CA 91765 1 The project site is relatively flat along its Armitos Place and D rrin Drive frontage. It trends downward at an approximately 2:1 slope (at its steepest point) to a canyon and then slopes upwards towards the northerly property boundary adjacent to the freeway. There is an existing 1,400 square foot single family residence on the site ith frontage and access on Darrin Drive. With the exception of the residence, the site is undeveloped. Vegetation consists primarily of sage scrub plants typically found on the lower slopes of the City. The site also contains scattered tees believed to be oak and walnut. These trees will be retained alth ugh two walnuts may need to be trimmed to insure adequate line-of-ight for the antennas. The subject site is Lot 51 of Tract 42584. There are easements the site for storm drain and storm drain ingress and egress public utility purposes. Additionally, there is a map restriction on subject property granting the County of Los Angeles (u incorporation this right was transferred to the City) the right restrict vehicular ingress and egress to Armitos Place. Project Proposal The current proposal consists of three (3) antennas and equipr cabinets. The facility is proposed on the subject site's nortt slope, facing the freeway below the undeveloped area between fire station and the dwelling unit. on and the pon to ent Orly the Each antennas sector consists of three (3) panel antennas measuring 5.5' wide, 2" thick and 51 " high. The antennas will be mourited back-to-back on three separate vertical poles placed in an angled r w, going up the slope. The first antenna (PBMS) will be placed approximately 40' from the northerly property line adjacent to the 60 Freeway. This antenna will be placed at the lowest elevation on the slope and will be 26.5.' The next antenna (Cox) is 24' and will be placed 10' south, above of the first antenna, going up the slope. The third antenna will be placed 10' south of the second antenna and will be 22' in height. All three antennas will rise to the s me height and at their highest point will be approximately level with the flat, street level portion of the site. Within the R-1 zoning district the height limit for buildings is stories or 35.' However, these height limits don't apply conditionally permitted uses such as the proposed facility. For tl 4 to ese Staff had specific concerns regarding the size and aesthetics of the barn. It was determined that the barn would be incompatible with the architecture of the homes in the surrounding neighborhood. There were also concerns that the barn may have partially blocked the views of the residents on the other side of Armitos Place. As a result, the applicant requested continuance of this project to allow time to prepare and submit an alternative design addressing these concerns. The Planning Commission granted a continuance to the meeting of March 25, 1997. At this meeting the applicant requested additional time to finalize the project design and prepare plans. The Planning Commission granted an additional continuance to the meeting of April 22, 1997. The site's General Plan designation is Low Density Residential (RL) and it is zoned Single Family Residential (R-1-10,000). The proposed use is conditionally permitted within this zone pursuant to the Planning and Zoning Code Section 22.20.100. The land uses surrounding the subject site include the Pomona Freeway (SR 60) to the north, and single family residential development to The south, east and west. The proposed facility will be part of a national wireless Personal Communication Services (PCS) telecommunication system by Cox California PCS, Inc. and Pacific Bell Mobile Services. Since the City's incorporation, eighteen (18) cell sites have been approved within the City. Generally, these sites are located adjacent to or near the freeways or heavily roadways in order to capture the maximum number of users. This is the first cell site to be proposed within residential neighborhood, although there are facilities located at Diamond Bar High School, which has a residential zoning designation.. APPLICATION ANALYSIS: Subject Site The subject property is an irregularly shaped lot located at the northwest corner of Armitos Place and Darrin Drive, south of the 60 Freeway. The site is approximately 6.87 net acres, surrounding a 25,270 square foot parcel owned by the County and occupied by a fire station. '93 environmental effects of radio frequency emissions as long as facilities comply with FCC regulations. However, that does not preclude cities from requiring that telecommunication providers submit documentation showing safety caller to receive the signal standard compliance. As an example, to ensure that this occurs, from staff could require that the applicant submit a radio frequency and sites must be located radiation (RFR) field measurement study to the Planning Division buildings, large bodies of water) verifying compliance with FCC emission standards. poor communication quality. adio Locational Criteria The design and location of telecommunication facility sites is determined by several factors. Sites must be close enough to the caller to receive the signal generated by a half -watt portable ph ne. Sites must be far enough from one another to eliminate cross talk and sites must be located away from sources of interference (i.e. tall buildings, large bodies of water) which will cause signal distortion and poor communication quality. adio frequency standpoint that had a landlord that was willing to lease Height is one of the most important considerations when locati g a site because telecommunications facilities function on a line -of- fight transmissions. Antennas must be placed at precise heights in relation to one another in order to transmit and receive signals. There ore, topography plays a major role when determining antenna heights. Other considerations include availability of road access, electric power, land based telephone lines and/or microwave link capability, structural capacity for equipment and maximum coverage in the desired area with minimal sites. According to a representative from Pacific Bell Mobile Ser ices (PBMS), the proposed project fills a gap in cellular coverage for approximately 112 to 1 mile along the 60 Freeway and the adjacent communities. According to this representative, the project location was chosen because it was one of the few sites which was viable from a adio frequency standpoint that had a landlord that was willing to lease to PBMS. Correspondence received from PBMS (see Exhibit 1 attached) describes the alternate sites that were considered and dismissed. R.. projects, the maximum height is determined by the hearing officer, in this case, the Planning Commission. As proposed, the antennas will be approximately 150' from the nearest residence and as conditioned the antennas will not be visible from the street level along Armitos Place. The antennas will be visible (although screened) from the 60 Freeway. The facility will also involve the placement of equipment cabinets on a concrete slab located south and perpendicular to the antennas. The slab will be placed into an area cut into the side of the hill and oriented parallel to the existing contours. Retaining walls not to exceed 6' in height will be used to accommodate the necessary cut. Each cabinet will occupy an area of 2'5' x 2'5' and will be 5' in height. The slab area will be 280 square feet in size. There will also be a coaxial cable run underground from the equipment cabinets to the antennas. The equipment cabinets will be enclosed with a 6' high chain link fence. The antennas, equipment cabinets and other support hardware will be painted to match the existing vegetation. The applicant is proposing access to the site via a 15' wide easement extending from the curb to concrete steps going down to the equipment cabinet enclosure. Maintenance visits to the facility will be required approximately 2-3 time per year and will require a maximum of two hours per visit. ISSUES Radio Frequency Emissions/Health Impacts The Federal Communications Commission (FCC) requires that all cellular and PCS providers comply with safety standards for radio frequency electromagnetic fields. The American National Standards Institute (ANSI) and Institute of Electrical and Electronic Engineers (IEEE) have established standards for safe human exposure to radio frequency electromagnetic fields. The Telecommunications Reform Act of 1996 prohibits local governments from allowing one carrier and excluding another and bars state and local governments from regulating facilities because of the k Strategy 2.2.4 of the General Plan states "Require that new developments be designed so at to respect the views of existing developments..." The applicant has redesigned the project, eliminating the barn, because it was determined that it was incompatible in its size and appearance with the existing neighborhood and bet use neighbors had expressed a concern that the barn would block heir views. The proposed facility will not be visible from the street of the residential neighborhood and will not block the view of the hillsid3 to the north of the 60 Freeway. Therefore, in terms of its appear nce it will not be incompatible with the existing neighborhood. Aesthetics The redesigned project proposes to move the antennas away from the flat pad area, to the slopes below and has proposed painting the antennas a concealing color and providing landscaped screening. The equipment cabinets are proposed to be screened by a chainlink fence painted to match the surrounding landscaping and topography. The redesigned project represents a significant aesthetic improvement over the barn. Staff has reviewed the project and is proposing several enhancements and modifications should the project be approved. The first modification is to the antennas. A condition of ap roval has been included requiring that the individual antenna height be reduced so that they are approximately six feet (6') below the grade of the flat pad area. This will provide additional assurance tha the antennas are far enough away from the street and the residents so they will not be visible when viewed from the street. To further ensure that the antennas are screened, a berm will be required to be created at the northerly boundary of the pad area. This berm will be a minimum of 4' in height, and will be landscaped with tree for additional screening. The flat pad area fronting on Armitos Place will also be requir d to be landscaped, enhancing its appearance and creating an amenit for the neighborhood. A condition has also been included requiring replacement of proposed chain link fence with a block wall painted to matct 0 the the Land Use Compatibility Telecommunications facilities, including antennas are conditionally permitted within the Single Family Residential zone. According to the Planning and Zoning Code Sec. 22.56.010, a conditionally permitted use is a use which, because of specific characteristics such as size, technological processes, or location, requires "special consideration" to "ensure proper integration with other existing or permitted uses in the same zone..." Conditional uses are generally approved with conditions ensuring that this integration is achieved. Uses permitted by right in the R-1 zone are single family residences, accessory structures, such as garages, guest houses workshops, storage sheds, etc. Conditionally permitted uses in the R-1 zone include, adult day care facilities, churches, golf courses, fire stations, libraries and other uses determined to be appropriate in a residential zones, subject to the imposition of conditions ensuring compatibility. Land uses within the neighborhood surrounding the subject property consists of single family residences and a fire station. A land use that had the potential to increase crime, produced excessive noise or light, emitted a hazardous substance, generated excessive traffic or negatively impacted the appearance of a residential neighborhood would be considered an incompatible use. It is unlikely that the proposed use would generate or have the potential to cause additional crime within the neighborhood, because the facility is unmanned and there will be no activities associated with this use, other than infrequent site maintenance visits. The antennas and equipment cabinets will not be lighted and will not generate any noise. Health hazards are addressed by the Telecommunications Act, which, as previously stated, prohibits the City from disapproving telecommunications facilities because of the environmental effects of radio frequency emissions as long as the facilities comply with FCC regulations. The proposed use will generate minimal amounts of additional traffic within the neighborhood. 7 Categorically Exempt from the provisions of CEQA, pursuant Section 15303. PUBLIC NOTIFICATION to Notification of the public hearing for this project has been mad in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers on January 7, 1997, February 4, 1997 and April 11, 1997. Ninety-six (96) property owners within a 500' radius of the project site were notified by mail on January 8, 1997. 494 property owners within a 500' radius of the exterior boundaries of Tract 42584 were notified by mail on February 4, 1997 and April 11, 1997. RECOMMENDATION: The staff recommends that the Planning Commission approve Conditional Use Permit 96-10, and Development Review 96-9 su 3ject to the Conditions of Approval contained within Planning Commission Resolution 97 -XX. ALTERNATE RECOMMENDATIONS: The Planning Commission may direct staff to prepare a resolution of denial or continue the project to a date certain for further discussion. REQUIRED CONDITIONAL USE PERMIT FINDINGS: 1. The proposed project is in compliance with the General Pian 2. The requested use at the location proposed will not: (a) Adversely. affect the health, peace, comfort or welfaa of persons residing or working in the surrounding area or (b) Be materially detrimental to the use, enjoymeni or valuation of property of other persons located in the vicinity of the of site, or (c) Jeopardize, endanger or otherwise constitute a menaa to the public health, safety or general welfare; and 3. The proposed site is adequate in size and shape to accommodate the yards, walls, fences, parking and to ding 10 topography and additional landscaping along the wall as further screening. ll To screen the antennas fromfreeway, the irlatrees auant'rty and bpatternirwhich to be planted in between the antennas creates the appearance of a natural grove. Staff believes, that the project, with the recommended conditions will not have a negative aesthetic impact hen°n the viewedr fromntial the freeway. hood, or have a negative visual impact Access Part of the original project application was a request to remove the map restriction prohibiting vehicular ingress and egress on Armitos Place. Any decision to remove map restrictions must be supported by findings that the removal is of significant benefit to the City. Vehicular access to the project site would be utilized a fewSince the year for maintenance of the telecommunications facility. equipment cabinets and antennas I#�eaioaave Y the slope, On street parkSng by foot would be necessary even w not restricted in this area, and therefore the maintenance crews could park their trucks on the street for the limited time that service visits require. the Vehicular access to the site Idw sold Further, a of benefit cuts on Armtos telecommunications service Prov Place would detract from the appearance of the streetscape. Public Response Since the time when this project was originally advertised, staff has received correspondence fro�me form neighborhood a °let letter, ea d petitions expressingnts whic opposition to this project m t were submitted to the Planning Commission t nheAFebruary � 5, 19997 97pril meeting and most recently receivedY which are included as part of the project package as Exhibit 2. ENVIRONMENTAL ASSESSMENT: Act Pursuant to the terms of �hmineall that thisEnvironmentalproject ottilll have no (CEQA), the City has dete significant impact on the environment and has been determined to be 0 FINDINGS FOR REMOVAL OF MAP RESTRICTION: 1. The removal of the map restriction is of significant benefit to the City. PREPARED BY: - a Catherine Johnson, Senior Planner ATTACHMENTS: Application Plans Exhibit 1 - Correspondence from Pacific Bell Mobile Services Exhibit 2 - Resident's petitions Draft Resolution of Approval for Conditional Use Permit 9610, Development Review 96-9 12 facilities, landscaping and other development features, or as is otherwise required in order to integrate said use in the surrounding area; 4. The proposed site is adequately served: (a) By highways or streets of sufficient width and improved as necessary to carry the kind and quantity of traffic such use would generate; and (b) By other public or private service facilities as are required. REQUIRED DEVELOPMENT REVIEW FINDINGS: 1. The design and layout of the proposed project is consistent with the applicable elements of the City's general plan, design guideline of the appropriate district, and any adopted architectural criteria for the specialized area, such as designated historic districts, theme area, specific plans, community plans, boulevards, or planned developments; 2. Approval of the design and layout of the proposed project is compatible with the characteristics of the surrounding neighborhood and will maintain the harmonious, orderly attractive development contemplated by Chapter 22.72 of Development Review Ordinance No. 5 (1990) and the City's General Plan; 3. The architectural design of the proposed project will not unreasonably interfere with the use and enjoyment of neighboring existing or future development and will not create traffic or pedestrian hazards; 4. The design of the proposed project would provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of material texture and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance. 5. The proposed project will not be detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. 11 FILE No. .162 04/16 '87 12:36 ID: EXHIBIT Pacific Bell Mobile Services History of Candidate Search -- Search Ring LA -462-00 Pacific Bell Mobile Services' proposed antenna facility at 24401 Darrin Drive (LA -462-02) is part of the company's wireless PCS network in the LA basin. It is designed to cover approximately one nil le of hilly terrain of the 60 Freeway and the adjacent coMMUnities. Connecting sites include I.A-208 located at 2 Rancho Road in Pomona and site LA -211 located at 249 Gentle Springs Lane in Diamond Bar. The Da in Drive project fills what would otherwise be a coverage hole for approximately 112 to 1 mile atlong the 60 Freeway and the adjacent communities. PBNf3' contract site acquisition team pursued a number of options before ultimately leasing and submitting for land use approval the Darrin Drive site. LA County Fire Station #121 at 346 Armitos Place: The Fire Station was the primary candidate. When approached in March, 1996, with a request to lease space for a communications site, the Fire Department declined, citing conflict of interest because the Fire Department was in negotiations with PBMS for use of microwave links. Carlton Peterson Park (North Side of Freeway): The park was consid:red by PBMS' contract site acquisition team. However, because of the topography (hills) blocking a portion of freeway, it was ruled out as not viable from a radio frequency standpoint. Vacant Lots (Residential): PBMS' contract site acquisition team contracted two institutional owners of residentially -zoned that abuts the 60 Freeway. Both landlords declined to enter into a lease agreement with PBMS. One of the parcels is owned by the City of Industry. Carl Burnett representing the City, industry declined to lease to PBMS, saying the City did not wish to encumber the property and inhibit future development. Another parcel is owned by the Pomona Unified School District. Joann Lersng and Ron Young, representing the District mentioned the landlord had pians for the property and there would be no interest in leasing to PB1vfS for the foreseeable future. 24401 Darrin Drive: This location was chosen because of it is one of the few sites viable from a radio frequency standpoint that will provide coverage to the area and had a landlord willing to lease to PBMS. The property was leased and submitted for land use Approval because two small antennas could be mounted atop a single post with minimal visual impact to the surrounding area. MINUTES OF THE CITY COUNCIL �' REGULAR MEETING OF THE CITY OF DIAMOND BAR ;� MAY 6, 1997 1. CLOSED SESSION: 5:30 p.m., AQMD Rooms CC -3 & 5 CONFERENCE WITH REAL PROPERTY NEGOTIATOR (G.C. Section 154956.8): PROPERTY: Former Water District property, westely side of Brea Canyon Road north of Pathfinder Road NEGOTIATING PARTIES: City of Diamond Bar and Diamond Cret Estates LLA UNDER NEGOTIATION: Material terms of the agreement ADJOURNMENT: Mayor Huff adjourned the Closed Sess�on at 6:15 p.m. 2. CALL TO ORDER: Mayor Huff called the meeting to ord�r at 6:37 p.m., in the SCAQMD Auditorium, 21865 E. Copley Drive, Diamond Bar, alifornia. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led May Pro Tem Herrera. INVOCATION: Pastor Rick Motz, Evangelical Free hurch of Diamond Bar ROLL CALL: Council Members Ansari, Harmony Werner, Mayor Pro Tem Herrera and Mayor Huff. Also present were: Terrence L. Belanger, City Manager; Frank Ust er, Assistant City Manager; Michael Jenkins, City Attorney; James DeStefa lo, Community Development Director; George Wentz, Public Works Dire or, Bob Rose, Community Services Director and Lynda Burgess, City Clerk. In regard to the Closed Session held earlier, CA/Jenkins announced th t Council gave direction to the City Manager to extend negotiations with Diam nd Crest Estates LLA. 3./3-Commendation ESENTATIONS, CERTIFIC TES, PRO/dB NS: endation presented to rk Tuinel, Dalla# - for giving his d resources to the D Pop Wainer Foorlea ing Assn. presen d to the D.B. er Fo ball and eading Assn. f heir continued activiti.B. yo th. LAMATIONS: Proclaimed ay, 1997 as "Water Awarth".3.3.2 Proclaime May, 1997 as "Bicycle Apponth". ITS MAY 6, 1997 PAGE 8 In resp se to MPT/Herrera, CM/Belan that unci) will direct staff to prepare of Oich would be to establish a moral s,fch time that permanent rmulated through the L Ordinance would be agendi; Ordinance would be effe.0 requires a super majoritAfl gu CITY COUNCIL �xplained that staffs understood fi Urgency Ordinance, the purp e um on these types of facilitie ntil standards and policies n be w pmeni Code process. for discussion and possible /e upon adoption by the Cou rmative vote by four of five Following disc us. , C/Werner moved, C/Ansari to prepare a dra rgency Ordinance estabGshi issuance of commercial Ordinance) ji Motion caAe FA 7 Th rgency a ption. The il. Adoption uncil Members. 06nded, to direct staff a moratorium on the 51 its for telecommunications a pmerit and antennas for poses and to prepare a dra rdinance (not an Urgency Council's consideration at its gular May 20, 1997 meeting. by the following Roll Call e: COUNCIL MEMBERS-/nsari, Harmony, Wer MPT/Herrera, M/Huff COUNCIL MEMBEF� - None COUNCIL MEMB S - 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 Cfute 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/Huff's 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. 2-C4-- MAY 6, 1997 PAGE 10 CITY COUNCIL public's concerns were being met by the Planning Commission a MPT/Herrera believed the Planning Commission worked with the z pplicant and the neighboring residents to satisfactorily modify the project. 4, series of public hearings were held and, as a result of the approval, the E pplicant must comply with 15 conditions. She said she had faith in the Comr iission's ability to make decisions that are in the best interest of D.B. reE idents. Further, she expressed faith in staffs ability to recommend the pr Dject 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 90-10 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 ob ain the applicant's consent to review this matter, CA/Jenkins indicated thathat was not necessary. C/Wemer asked if the Council may request that specific informationrom the applicant and neighboring residents. CA/Jenkins stated that this is a de nova hearing. The applicant nd any public member may submit any materials they wish. The Counci cannot require submission. However, lack of submission may be considere 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 approimately $3,000 in costs had already been incurred for the review process. C/Werner asked for the motion to be amended to include his I request for three items: Petition updates, a three dimensional t erection at the site and information regarding the amended CC&R' C/Harmony and C/Ansari agreed to amend the motion. Motion following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Harmony, Werner NOES: COUNCIL MEMBERS - MPT/Herrera, M/Huff ABSENT: COUNCIL MEMBERS - None late by the MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION JANUARY 28, 1997 CALL TO ORDER: Chairman Goldenberg called the meeting to order at 7:04 p.m. South Coast Air Quality Management Auditorium, 21865 East Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by C/Schad. ROLL CALL: Present: Chairman Goldenberg, Vice Chairman and Commissioners, McManus and Schad Absent: Commissioner Fong - Also Present: Community Development Director DeSterano, Senior Planner Catherine and Assistant Planner Ann Lungu. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS - None CONSENT C2_LENDAR: 1. Minutes of January 14, 1997. VC/Ruzicka made a motion, seconded by C/Schad, to apps minutes of January 14, 1997 as presented. Without obje the motion was so ordered. OLD BUSINESS - None NEW BUSINESS: I. Wireless Telecommunications Facilities. at the Copley zicka, James ohnson, ve the tions, Responding to the Planning Commission's request, CDD/D Stefano presented a report regarding wireless telecommunications facilities. With the cooperative effort of neighborina cities staffs and telecommunications carriers LA Cellular, Cox California and the Keith Companies, staff compiled the report. CDD/DeStefano explained the three currently utilized ireless telecommunications facilities known as the Cellular Systems, the Personal Communications Services (PCS) digital ystems, and Enhanced Specialized Mobile Radio (ESMR) analog digital systems. Transmission signals replicate and ampli y voice messages carried from transmitting antennas to r ceiving antennas. He pointed out the advantages and disadvantages of the systems. Presently, five providers serve the Southern California area: AirTouch, LA Cellular, NexTel, PacB 1 Mobile Services, and Cox Communications. There are seventeen JANUARY 28, 1997 PAGE 2 PLANNING COMMISSION cellular sites in the City of Diamond Bar. Two additional applications are pending approval with the City. He presented a graphic indicating the cellular site locations. Staff believes that a cellular site master plan exists based upon provider's needs. Some sites accommodate several cellular providers. CDD/DeStefano responded to VC/Ruzicka that the City's ridgeline elevation is not appropriate to accommodate the reception and quality of desired service. At this time, it is not anticipated that single family residences will be asked to accommodate these kinds of services. CDD/DeStefano presented background and historical information regarding communications systems monitored by the Federal Communications Commission (FCC). He spoke about neighboring cities ordinances which provide for wireless facilities incorporated within free standing art such as a clock tower. CDD/DeStefano stated Diamond Bar regulates wireless telecommunications sites through the existing Planning and Zoning Code which allows for use by right in some zones and for use via Conditional Use Permit in other zones. Every zone requires a discretionary review by the Hearing officer for Administrative Development Review or by the Planning Commission. He talked about the review and approval process with respect to Diamond Bar cellular site installations. Staff determined through general information provided by the telecommunications carriers that property owners who provide cellular site accommodations can expect to receive from $500 to $1200 per month. In addition, many cellular carriers provide additional amenities to the property owner such as property improvements and signage. C/Schad asked if a topographical map indicating line of site installations would prevent interference by proposed construction. He suggested light standards be used for cellular site installations in order to provide income for the City. He also suggested bouncing signals over and around structures. CDD/DeStefano responded that with respect to potential conflicts between property owners and cellular communications carriers; carriers need to locate sites they believe will not be blocked in the future. He stated the City probably would not allow a cellular site facility to dictate potential land use decisions. Chair/Goldenberg recommended tonight's presentation be given to the City Council with emphasis on the permit approval process and developer created master pian. JANUARY 28, 1997 PAGE 3 PLANNING COWIISSION PUBLIC HEARING: 1. Conditional Use Permit 96-10 and Development Review 96-9 (pursuant to Code Section 22.20.100) is a request for an unmanned, wireless telecommunications transmission facilities for two service providers consisting of antennas to be located on a proposed 1,152 square foot barn with equipment cabinets located within and adjacent to the barn. This P170POSal includes an amendment to Tract Map 42584, removing aneasement from said Map restricting vehicle ingress and egress to Armitos Place. Project Address: 24401 Darrin Drive (northwest corner Darrin Drive and Armitos Place) Applicant: Cox California PCS, Inc., 1840 Von Karman Avenue, Suite 100, Irvie, CA 92612 Owner: Eric and Robin Stone, 24401 Darrin Drive, Diamond Bax, CA 91765 CDD/DeStefano presented the staff report. He indicat d that in order to provide adequate advertising of this Public Hearing item, staff recommends that the Planning Commission take no action on this item tonight and direct staff to readvertise Conditional Use Permit No. 96-10 and Development Review No. 96-9 when appropriate. VC/Ruzicka moved, C/Schad seconded, to continue Conditional Use Permit No. 96-10 and Development Review No. 96-9, PLANNING COMMISSION ITEMS - None INFORMATIONAL ITEMS: 1. Development Code - I ormational Update. D/DeStefano presente a status update on t Development C e project. He refer ed the Commissioners t the indmill De lopment Code survey sults summary enclosure Th City's Gen ral Plan is the basi for the Development C e ocument whic may account for the ow percentage of publi r sponse. The rst Town Hall Meets g is tentatively sch u ed for Satur y, March 8, 1997. VC/Ruzi a asked if colleg\ students could as"'st in soliciti community response_ C/McManus\lsequested copies of the survey and survey re p ses. C/Schad reitrated his concerns regarding implementtioof the DevelopmerlL Code and more partic arly, the Tree Q din ce MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION FEBRUARY 25, 1997 CALL TO ORDER: Vice Chairman Ruzicka called the meeting to order at 7:07 p.m. at the South Coast Air Quality Management Auditorium, 21865 East Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by C/McManus. ROLL CALL: Present: Vice Chairman Ruzicka, and Commissioners, Fong, McManus and Schad. Chairman Goldenberg arrived at 7:17 p.m. Also Present: Community Development Director James DeStefano, Senior Planner Catherine Johnson, and Assistant Planner Ann Lungu. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS - None CONSENT CALENDAR: 1. Minutes of February 11, 1997. C/Schad made a motion, seconded by C/McManus, to approve the minutes of January 28, 1997 as presented. Without objection, the motion was so ordered. OLD BUSINESS - None NEW BUSINESS - None PUBLIC HEARING: I. conditional Use Permit 96-10 and Developmen!� acview 96-9, a request for the co -location of unmanned, wireless telecommunications transmission facilities by two service providers consisting of antennas to be located on a proposed barn, and equipment cabinets to be located within the barn and also next to the barn behind a fenced enclosure. This proposal also includes an amendment to Tract map 42584 removing an easement from said Map restricting vehicle ingress and egress to Armitos Place. Project Address: 24401 Darrin Drive (northwest .corner Darrin Drive and Armitos Place) Applicants; Cox California PCS, Inc., 18200 Von Karman Avenue, Suite 100, Irvine, CA 92612, and Pacific Bell Mobile Services, 5959 W. Century Boulevard, Los Angeles, CA 90015 FEBRUARY 25, 1997 PAGE 2 PLANNING COHM$SSION Property owners: Eric and Robin Stone, 24401 DarrinDrive, Diamond Bar, CA 91765 CDD/DeStefano presented the staff report. Pursuant to applicant's request to continue the item to March 11, 1997, staff recommends that Conditional Use permit No. 96-20 and Development Review No. 96-9 be continued to March 25, 1997. Chair/Goldenberg arrived and assumed the Chair. James Bartley, 411 Carpio Drive, stated that he feels the previously proposed barn structure is unsightly. He doas not understand why antennas have to be placed in a residential area. Horacio Briz, 420 Carpio Drive, asked the height cf the antenna, whether the City has conducted studies related to the impact on the neighborhood, and if night lighting is proposed. He stated that the project will impact the neighborhood and the residents do not want the type of building that has been proposed to be located in the neighborhood. The res'dents will fight against the project. Mel Davis, 419 Carpio Drive, stated he is against the project which conflicts with the General Plan zoning. He indicated that he purchased his property 20 years ago primarily for the view of the hills and mountains, not a view of any antennas which may or may not have blinking red lights due to excessive height. He asked if the City has imposed a height anJ size limit for antennas, and if not, why not? He said he does not understand why the City would want to place antennas above ground less than one mile from a City beautification project that involves undergrounding utilities. He further stated he is concerned about the City proposing to remo and ingress/egress map restriction to Armitos Place. He suggested the City consider a Golden Springs Road ingress/egress or a westerly access road which would parallel the SR60 fre way to the Diamond Ranch High School. If the applicaiiLs feel this facility is necessary they should consider placing it on the Diamond Ranch High School property in order to financially benefit the community. He said he understands the property contains a deed restriction which requires the property owner to secure written approval from a percentage of neighborhood property owners prior to development of the property. He asked if such an approval had been submitted to the City. He urged the Commission to deny the project. Pat H., 540 Macenta Lane, asked if the proposed project will create additional interference with her television transmission. Mary and Doug Yuen, 379 Armitos Place, stated they are �pposed to the project. She presented a petition con aining FEBRUARY 25, 1997 PAGE 3 PLANNING COMMISSION signatures of five neighbors residing adjacent to the project. She indicated her neighbors are concerned that their views will be obstructed by the barn structure. In addition, the residents are concerned about the long term health impacts from constant low level radiation exposure and about the reduction of property values. She asked the Commission not to set a precedent by allowing residents to place antennas in their back yards. She indicated that neighboring city officials told her antennas would not be allowed on residential properties in their communities. She asked the Commission to follow a policy of "prudent avoidance" such as the one practiced by San Diego which states that "wireless communications facilities, due to perceived concerns about health impacts, should not be located in areas where people would be exposed to them for prolonged periods of time". She suggested the antennas be placed on City property in order for the City to benefit from the lease payments. She asked the Commission to deny the project. Marie Nguyen, 367 Armitos Place, expressed concerns about her children's health. She is also concerned about property values. She pleaded with the Commission not to allow the antennas to be placed on residential property. She suggested the antennas be placed on City owned property instead. Joe Serrano, 365 Carpio Drive, stated he agrees with previous speakers. James Golondzinier, 24339 Northview Place, stated he has no problem with the owner placing a barn on his property. He voiced his concerns that the 19 foot high antennas may need to be higher in the future as technology advances. He asked if the approval will state the maximum number of antennas and the maximum height, width and diameter that will be allowed. He said that his employer (Los Angeles County Fire Department) is concerned about health and safety ls:. yes related to EMF I S . If any EMF's will be emitted from the proposed site, the project should not be placed in a residential area. C/Schad asked Mr. Golondzinier if there is a possibility of frequency. impediment with respect to the adjacent fire station's communications equipment. Mr. Golondzinier stated he does not know the specifics and is not before the Planning Commission as a representative of the Los Angeles Fire Department. He suggested C/Schad contact his employer's communication department. Bruj Sharma, 24356 Darrin Dri,-�, spoke against the project. He stated he believes the party who selected the project site has no regard for the residents. Studies regarding EMF radiation safety concerns are inconclusive. He asked if the applicant can guarantee that residents will not be adversely FEBRUARY 25, 1997 PAGE +4 PLANNING COMMISSION 2. impacted. He concurs with other neighborhood residents who feel property will be devalued in the area and that the antennas could be raised to a significantly greater height in the future. He said he believes it is inhumane f or the property owner to consider placing antennas in a residential neighborhood for personal financial gain. Edward Le Van, 24365 Darrin Drive, stated he would like to have cellular service in the area. He believes people are objecting to the project out of fear. He said he feels the project should go forward. Helen Britt, 24313 Vista Buena Drive, stated that as a nurse practitioner, she believes it is unconscionable that the City is considering this project. Research indicates that this type of radiation effects children and causes cancer. The incidents of cancer in children is much greater than that of adults. This item should not be continued- because it is totally wrong. chair/ Goldenberg explained that a project is approv with certain conditions. An applicant must apply to the City if he/she wishes to make changes to the project after the fact. C/Schad stated some of the citizen's concerns are valid. The type of antennas proposed are very high frequency line- f -site installations that do not pose a significant emission risk. He suggested that in addition to southerly and westerly exposure, this location could accommodate northerly transmission. He said that in his opinion, this f orm of communication would not be detrimental to individual health and safety. He asked to know the frequency and power transmission. He suggested the existing light towers be considered as facilities for housing communication antennas. If the antenna structures were placed closer together, the power conditions could be reduced by about 75 percent C/Fong encouraged the applicant to locate an alternate roject site. VC/Ruzicka moved, C/Schad seconded, to continue Public earing Conditional Use Permit 96-10 and Development Review 6-9 to March 25, 1997. Without objections, the motion was so ordered. Develo ment Review No. 7-�1, a request (Pu scant o Code Sectio 22.72.010 and 2 72.020(4) to conve an xisting Unocal ervice station to an unattended retai gas station with the existing service aye remaining oper tions . The fueling f ction of the fac lity will be opera t completely without a tendant partici ation similar to commercial "cardlock" pe facilities. he site will be mon to ed by a "host site" ich is available o assist customers a d bly via MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION MARCH 25, 1997 CALL TO ORDER: Chairman Ruzicka called the meeting to order at 7:07 p.m. at the South Coast Air Quality Management Auditorium, 21865 East Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by C/Goldenberg. ROLL CALL: Present: Chairman Ruzicka, Vice Chairman Schad, and Commissioners, Fong, Goldenberg, and McManus. Also Present: Community Development Director James DeStefano, Senior Planner Catherine Johnson, and Assistant Planner Ann Lungu. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS - None CONSENT CALENDAR: 1. Minutes of March 11, 1997. VC/Schad made a motion, seconded by C/Fong, to approve the minutes of February 25, 1997 as presented. Without objection, the motion was approved 5-0. OLD BUSINESS - None CONTINUED PUBLIC HEARING: 1. Conditional Use Permit 9610 and Development Review 96-9 (pursuant to Code Section 22.20.100) is a request for unmanned, wireless telecommunications transmission facility for two providers consisting of antennas to be located on a proposed 1,152 square foot barn with equipment cabinets located within and adjacent to, the barn. This proposal includes an amendment to Tract Map 42584, removing an easement from said Map restricting vehicle ingress and egress to Armitas Place. Continued from February 25, 1997. Project Address: 24401 Darrin Drive (northwest corner Darrin Drive and Armitos Place) Applicants: Cox California PCS, Inc., 18200 Von Karman Avenue, Suite 100, Irvine, CA 92612, and Pacific Bell Mobile Services, 5959 W. Century Boulevard, Los Angeles, CA 90015 MARCH 25, 1997 Property Owners: PAGE 2 PLANNING CO ISSION Eric and Robin Stone, 24401 Darrin Drive, Diamond Bar, CA 91765 CDD/DeStefano presented the staff report. He in icated the applicant has requested this item be continued to April 22, 1997. Staff recommends that the Planning Commission continue Conditional Use Permit No. 96-10 and Development Review No. 96-9 to April 22, 1997, and renotice the public hearing. Marie Nguyen, 367 Armitos Place, stated she has acquired 125 signatures from area residents who oppose this project as presented. she indicated the signatory stated that in several instances, they did not receive the public hearing notice. She asked that the April 22, 1997 public hearing be renoticed. CDD/DeStefano responded to Chair/Ruzicka that public hearing notices were mailed to all property owners within 500 feet of the applicant's property at 24401 Darrin Drive. In addition, because the property o ner is requesting a modification to the original tra t map, notices went to all residents within the boundar of the subdivision. Approximately 300 residents wee sent notices. C/Goldenberg asked Mrs. Nguyen what, in her opinion, is the major objection of the neighboring residents o this project. Mrs. Nguyen responded to C/Goldenberg that the roject property is zoned residential and there is concerned that it is being rezoned. The residents are concerned about the increased traffic, potential safety concerns for children, and a reduction of property values. Armando Gonzales, 24380 Vista Buena Drive, said he received notice of the February 25, 1997 public bearing. However, he did not receive a notice with respect to tonight's meeting. He concurred that it would be more appropriate to discuss this item when the revised plans are available for review. He indicated he is c ncerned about the proposed project's visual impact on the surrounding properties, how the property values will be effected, and whether the health of people living in the area will be adversely effected. He said he is not opposed to the project. He believes the towers sould be located in another area. CDD/DL''tefano responded to C/Goldenberg that if the Planning Commission approved a six foot high antenna structure and the applicant wished to exceed the six foot MARCH 25, 1997 PAGE 3 PLANNING COMMISSION limit, they would have to reapply for the change and proceed through the public hearing process for approval. C/Goldenberg stated the fire station has been located next to the proposed project location for approximately 10 years and carries a wider range band limit than is proposed for the cellular site. With respect to the resident's safety concerns, several cell sites are located at the Diamond Bar High School. He agreed that the City should be concerned about real and not perceived safety issues with respect to EMF's. He stressed the need for the Planning Commission to make an informed decision based upon the facts of the situation. C/McManus moved, C/Goldenberg seconded, to continue Conditional Use Permit No. 96-10 and Development Review No. 96-9 to April 22, 1997 and direct staff to renotice the public hearing. The motion was approved 5-0. BUSINESS: 1. Transmittal of the Draft Redevelopment Plan, Pre 'urinary Report, and D ft Environmental I act Report r the Diamond Bar Ec omic Revitalization Area. CDD/DeSte€ano resented the staf report. aff recommends that he Planning Commissi n receive and 'le the report. CDD/DeStefano re onded to VC/Schad hat staff wool welcome a list of questions in advanc of the April 8, 1997 Planning Co ission meeting int order for the environmental and development consultts and staff to prepare responses. CDD/DeStefano expla',.ned to C/Goldenbkrg that the ' redevelopment plan c' ers a term of 45 yeiars. The lisp consists of projects that could be completed within the if etime of the redevelopment project area. As an ample, he cited the current Diamond Sar Boulevard R abilitation Project ich will again be reconstructed du ing the lifetime of a redevelopment project area. In uding such projects t this time will ,negate the nec city of future plan mgdifications. The project list is rrently being revidFed by staff foto possible modif cation. PLANNING COMMZSS N ITEMS: C/Fong commented at the information ar shared at the Pl_�r's Institute Seminar was valuable. He state the Commissioner's were able to spend quality time together whit allowed them to become better acquainted. APRIL 22, 1997 PAGE 2 PLANNING CO$IMISSION restriction from said map prohibiting vehicular ingress and egress to Armitos Place. Continued from March 25, 1997. Project Address: 24401 Darrin Drive (northwest corner Darrin Drive and Armitos Pl ce) Applicants: Cox California PCS, Inc. 1 200 Von Karman Avenue, Suite 100, Irvine, CA 92612 and Pacific Bell Mobile Services, 5959 W. Century Boulevard, Los Angeles, CA 90045 -Property Owners: Eric and Robin Stone, 2440 Darrin Drive, Diamond Bar, CA 917615 SP/Johnson presented the staff report. Staff recommends that the Planning Commission approve Conditional Use Permit No. 96-10 and Development Review No 96-9, Findings of Fact and conditions as listed wi hin the resolution. SP/Johnson responded to Chair/Ruzicka that requ sts for antenna(s) in excess of the three proposed antenna would be subject to the public hearing process. A condition of approval proposes the top of the antennas will be six feet below the top of the hill. Jeff McKay, Pacific Bell Mobile Services, explained why the carriers chose the proposed site to co -locate their antennas. He presented slides showing antenna p acement below grade and indicating the lack of visual impact to neighboring residences. He asked that the Planning Commission approve the project and delete the condition requiring construction of a berm. He indicated the carriers held a public meeting to address citizen's concerns. Mr. McKay responded to C/McManus that the Iclosest resident to the proposed facility is the applicawho is approximately 150 feet from the facility. Responding to C/McManus, Jim Marquez, Cox Communications, stated the antennas are not visible to residences. Therefore, the additional landscaping will miti ate any opportunity for visual impact. A berm will have no additional mitigating effect. C/Fong asked if the antenna will create visual im�aact for the residences east of the proposed site. Mr. Marquez responded to C/Fong that thenearest residence is 150 feet from the proposed insta lation. MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION APRIL 22, 1997 CALL TO ORDER: Chairman Ruzicka called the meeting to order at 7:08 p.m. at the South Coast Air Quality Management Auditorium, 21865 East Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by C/McManus. ROLL CALL: Present: Chairman Ruzicka, Vice Chairman Schad, and Commissioners, Fong, Goldenberg and McManus. Also Present: Community Development Director James DeStefano, Senior Planner Catherine Johnson, and Assistant Planner Ann Lungu. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: Craig Clute stated his concerns regarding the Heritage Tract Neighborhood Traffic Study's definition of "through traffic" and elimination of the red curbing on the west side of Fountain Springs Road between Diamond Bar Boulevard and the Country Hills Towne Center driveway. C/McManus asked Mr. Clute for the two definitions of cut -through traffic. Mr. Clute responded to C/McManus that the traffic study indicates that all country Hills Towne Center traffic is "expected" traffic in the neighborhood. CONSENT CALENDAR: 1. Minutes of April 8, 1997. VC/Schad made a motion, seconded by C/McManus, to approve the minutes of April 8, 1997 as presented. The motion was approved 5-0. OLD BUSINESS -'None NEW BUSINESS - None CONTINUED PUBLIC HEARING: 1. Conditional Use Permit 96-10 and Development Review 96-9 (pursuant to Code Section 22.20.100) is a request for the co -location of a telecommunications facility by two service providers on a residential property and a requests for an amendment to Tract Map 42584, g APRIL 22, 1997 PAGE 4 PLANNING cojimissioN staff's conditions, he feels a four foot high berm may distract from the aesthetic qualities. Responding to C/McManus, Mr. Zirbes indicated he believes the additional landscaping would be warranted without the berm. Mel Davis stated that he spoke against the project at the February Planning Commission meeting. With the =urrent revisions, he is still opposed to the project. He indicated he is concerned about a potential prolif aration of antennas at the site. He asked who will provide the ongoing landscape maintenance for the site and if the neighborhood residents will be expected to pay or the maintenance. He urged the Planning Commission to reject the proposed facility. Armando Gonzales stated he feels the revised proposal addresses the visual impact concerns of the neig boring residents. He said he has some concerns about the future use of the site and the controlled growth of communication devices. He indicated he hopes the City will be more active with respect to the overall ubject of communication device installations. Frank Schabarum, JM Consulting Group, asked that the Planning Commission approve the project as presented. He indicated that the planting and ongoing maintenance of the project site landscaping is provided by the property owner, Pacific Bell Mobile services and Cox Communications. Dr. Jerrold Bushberg representing Pacific Bell Mobile Services, concurred with Chair/Ruzicka's StiLtement regarding EMF's. The current FCC standard which will become effective September 1, 1997, applies to all existing as well as, new facilities, and provides a 50 fold safety margin. The proposed facility utilizes approximately one microwatt which is about 100 times less than the standard. Dr. Bushberg responded to VC/Schad that the of ective radiated power of the systems proposed for PBMS i about 300 watts. Collectively, the radiated system power is about 900 watts. The system must provide a minimum signal to insure minimum quality strength of the signature at the fringe of the curvature. Currently, there are no antennas that allow multiplexing. Dan Noland told the Planning Commission about a public safety incident that occurred in the area of the p oposed site. He favors the proposed communication facility. APRIL 22, 1997 PAGE 3 PLANNING COMMISSION Landscaping will camouflage the site thereby eliminating any visual impact. Mr. McKay responded to C/Fong that the proposed antennas are 6 inches wide. Responding to VC/Schad, Mr. McKay reiterated that the demonstration pole indicates the maximum antenna height. He stated his understanding of the restriction removal precludes the applicant from conducting activities in addition to those allowed under the CUP and existing zoning. The owner is providing split rail fencing around the entire property. The applicant will provide security fencing around the facility. VC/Schad indicated he would like for the applicant to ground the security fence. Mr. McKay explained to VC/Schad that some of the native walnut trees may have to be thinned to provide line -of - site transmission. A condition of approval indicates the applicants will provide ongoing maintenance for the site. The applicants intend to provide drought tolerant landscaping such as holly oak. A 200 AMP panel with a one 20 AMP breaker will be provided at the site. Water will be provided to the site for vegetation maintenance only. Anthony Greer, Cox Communications, responded to VC/Schad that each carrier uses approximately 300 watts of power. Chair/Ruzicka reopened the public hearing. Craig Clute asked the applicant to explain how the landscaping will be irrigated until it takes hold and to what extent the trees will be thinned, cut or removed. He warned the residents to be concerned about visual impact. He asked if the site property could be sold, divided or improved at any time. He stated his concerns regarding EMF health risks. He asked what kind of backup system will be provided for the facility. Chair/Ruzicka stated that because he is also concerned about safety risks with respect to EMF's, he contacted The Environmental Protection Agency, The National Institute of Health, The National Institute of Environmental Health Services, Federal Communications Commission, and The Motorola Consortium. He further stated that all EMF studies indicate there is no information available that EMF's are dangerous to humans. Robert Zirbes stated he reviewed the project plans. He indicated that although he agrees with the majority of APRIL 22t 1997 PAGE 6 PLANNING COIKISSION a berm and that the antennas do not have to belowered any further than six feet below the top of the ill. Mr. Marquez responded to C/Fong that Pacific Bel Mobile Services and Cox Communication would not be op osed to co -locating other companyrs antennas at the site. Future applicants would need to prove that they would not interfere with the current installation and present their project to the City for public hearing. Responding to VC/Schad, Mr. Marquez indicated 4 volt closed cell batteries will provide the backup s stem. C/Goldenberg asked what provisions are made to tie City upon expiration of the applicant's two year laidscape maintenance bond. He indicated to Mrs. Eisen thit many commercial ventures are located in the CityyIs resi lences. He requested an explanation of the citizens p tition against the project. CDD/DeStefano responded to C/McManus that if the Planning Commission approves this project and a future applicant wishes to place antennas at the site, the res lution provides an amendment to the Conditional Use Permit is subject to the Planning Commission public hearing process. CDD/DeStefano responded to C/Fong that the CUP resolution does not require the applicants to cooperate with other cellular service providers. Chair/Ruzicka closed the public hearing. C/Goldenberg moved, C/McManus seconded, to approve Conditional Use Permit No. 96-10 and development Review No. 96-9, Findings of Fact and conditions as listed within the resolution subject to the following corrections and amendments: Page 4, Finding J, s ntence one to read as follows: "The proposed removal of the map restriction is not of significant benefit to the City." Modify Condition K on Pages 6 and 7 to eliminate the berm, retain the landscaping conditions language. Add the following to Condition B, Page 5: "the permanent maintenance of the landscaping by the applicant.' C/Fong proposed the motion be amended to provide a binding agreement in the resolution that the appicants cooperate with future cellular providers to co locate their facilities at the site. Mr. Marquez stated the tri -lateral lease provides non - exclusivity. Other similar types of business are not restricted from enjoying the property aspects He APRIL 22, 1997 PAGE 5 PLANNING COMMISSION Mary Ewen stated she is concerned that the project installation will cause a negative precedent. She asked that the Planning commission consider a moratorium against antenna installations while the City considers the matter. She does not believe the installation will benefit the City. She asked the transmission direction of the antennas. Tom Jackson stated he believes the project presents no adverse visual impact to the surrounding residences and that the best possible technology should be made available to the citizens. Bill Rafferty approves of the project and feels that Diamond Bar should have improved technology available to accommodate public needs. Robin Stone stated she and her husband believe the proposed project will benefit the Diamond Bar area and present no safety risks to her children or to the families that live in her community. The low impact project design as revised will present no adverse, aesthetic impact to the surrounding residents and visitors to the area. The location of the site will provide critical cellular phone needs. Helen Arlene Britt said she feels the City and the applicants have worked to accommodate the resident's needs. She believes the revised plans are an improvement over the previous plans which incorporated* a barn structure. She stated that EMF studies have not been completed and she is concerned that a proliferation of antennas may present a public safety concern. She asked that the City provide for the installation of allergy free plants. Mrs. Britt responded to C/Goldenberg that she has reservations and concerns. However, she can accept the revised project because the applicant has made an effort to do the right thing. Mr. Greer indicated the antennae are pointed up and down the 50 Freeway and away from homes. Mr. Marquez stated cellular installations are no more considered a commercial than cable television or telephone installations. The proposed installation will benefit subscribers and emergency services. He asked that the Planning Commission approve the project with conditions listed by staff with the exception that the only condition relating to visual impact will be the added vegetation with no importing of additional soil for APRIL 22, 1997 PAGE 7 PLANNING COMMISSION offered to provide evidence to the City's Planning Division and suggested that the condition be subject to the review of the Director of the City's Planning Division, that the applicant can provide evidence that they are receptive to co -location. C/Goldenberg stated he wishes to let the motion stand as stated since the applicants have provided for co location within their lease. He favors incorporating acity-wide cellular site plan rather than encouraging additional installations at this time. C/Goldenberg responded to C/Fong that it is in the best interests of the applicants to encourage other vendors to co -locate their facilities. With respect to additional sites, the City should consider a cell site plan within the City. Mr. Marquez asked if Condition K, Pages 6 a d 7, is sufficiently amended to provide for the elimintion of Condition L on Page 7. la Mr. Marquez responded to VC/Schad that the applicant's engineers have indicated that the top of the antennas should be placed no lower than flat pad level and that lower installations would not be effective. CDD/DeStefano restated the motion. Mr. Marquez reiterated to Chair/Ruzicka tat the equipment will not operate at a point six feet helow the flat pad without significant reduction of transmission levels. Responding to VC/Schad, Mr. Marquez indicated the applicant will accept lowering the top of the antennas to flat pad level. C/McManus stated his understanding that the applicant's proposed antenna would not be below six feet below grade and that the poles depicted in the photographs were placed at grade level. The poles placed at the leight of grade level were not visible at grade level and the landscaping is proposed to mitigate any potential visual impact. C/McManus proposed that the motion under consideration be amended to include the elimination of Condition L, Page 7. C/Goldenberg agreed to amend his motion to incude the elimination of Condition L, Page 7. APRIL 22, 1997 PAGE 8 PLANNING COMMISSION CDD/DeSte€ano restated the motion as follows: To approve Conditional Use Permit No. 96-10 and Development Review No. 96-9, Findings of Fact and conditions as listed within the resolution subject to the following amendments: Amend Page 4, Finding J, regarding the map restriction; amendment to Condition 5. (b) on Page 5 adding the "permanent maintenance of the property and landscaping"; amendment to Condition K, Page 6 and 7, eliminating the two sentences that discuss berming; elimination of Condition L, Page 7; and re -alphabetize the conditions accordingly. C/Goldenberg responded to C/Fong that in his opinion, appropriate landscaping will provide a much improved aesthetic view over the proposed four foot high berm. CDD/DeStefano responded to C/Fong that the applicant has indicated that earth removed from the equipment pad would be utilized to create a small berm on the flat pad at the top of the hill. C/Goldenberg agreed to amend his motion to amend Condition K to provide that the earth removed from the equipment pad will be used to create a small berm on the flat pad at the top of the hill. C/Fong stated that the condition pertaining to tree thinning should specifically stipulate that the shape of the trees will not be significantly altered. Referring to plan drawing A-1, he asked why certain trees are slated for removal. Mr. Marquez stated the tree thinning is at the discretion of the City's Director of Planning. No trees are slated to be removed. The motion was approved with the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: PLANNING COMMISSION ITEMS - None INFORMATIONAL ITEMS - None SCHEDULE OF FUTURE EVENTS: As presented in the meeting agenda. Goldenberg, McManus, Fong, Chair/Ruzicka VC/Schad None From: Clan W. Narmooy To: Date: 4,29197 Time: 46:05:48 Pape 2 Or 2 From IL CAKE of Clair W. harmonq Cifty Councilman, G',iamond Gan, CA 4"29.'97 City of Diamond Bar Ann. Terry Belanger, City Manager 21660 E. Copley Drive Suite 100 Diamond Bar. CA 91765 RE: Conditional User Permit %-10 and Development Review %09 Dear Mr. Belanger: Under Ciri, Council procedure. per City Attorney- Michael Jenkins opinion, I formerly request that tate above referenced Planning Commission action be placed on next Tuesday's May 6, 1997, City Council Agenda for Council determination as to whethe it is %villing to reconsider the Commission action. (Jenkins can give you the proper terminology.) Conditional Use Permit 96-10 and Development Review 9&9 (pursuant to Code Section 22.20.100) is a request for the co -location of a telecommunic atiom facility by two se -ice prmiders on a residential property and a request for an amendment to Tract Map 42584, removing a restriction from said map prohibiting vehicular ingress and egress to Armitos Plane. A substantial contingency of Horne Owner Association members for the affects development have convinced me that the issue of placement of antenna facilities residential neighborhoods needs to be examined, in all deference to the Pias Commission's fine efforts, from a policy perspective by the City Council for bo public health & welfare reasons, commercial/residential mixed uses, and open spas issues. Councilwoman Ansan has joined me in requesting this item be placed on Tuesday's Agenda. I have discussed our request with Mayor Huffy who you work in planning agendas. Signed. w Clair W. Harmonv G.O.Ba 415.3, Gq—.d E�, CA 9ri65 C)DU (909) 86G-.3ae,3, FAX. (909) Se,_S 81 [N.1 NJ F« a 9).k. Es.. -..1 From: Cfar W- Harmony To: Oa1e: 4r29197 Time: 16:05:22 Page 1 of 2 FACSIMILE COVER PAGE To: Time: 76:03:14 From: Clair W. Harmony Date: 04/29/97 Subject: Microsoft Word - Document2 Pages (including cover): 2 Please review and take appropriate actions. Clair ,r Ir '1 r r April 15, 1997 '97 AN ] 5 7'; :56 To the City of Diamond Bar. Attached are copies of the signed petitions that we have gathered from some of our neighbors that are opposed to the proposed project, Conditional Use Permit 96-10 an Development Review 96--9. Also attached is a copy of the minutes of a recent Planning Commission meeting (meeting of March 24, 1997) from the city of Thousand Oaks regarding the unman wireless telecommunications facility. We, the Citizen Committee, would like to have them forwarded to the Planning Commission and the City Council for their review. 4 Thank you for your cooperation Sincerely, Mr. Jim Bartley Mrs. Jo Bartley Ms. Helen Arlene Britt Mr. HMBriz Mr. Mel Davis Mr. Armando Gonzalez Mrs. Marie Levan -Nguyen Mr. Brij Sharma Mr. Doul Yuen Mrs. Mary Yuen �� _- �o_- y w U s` _ c L.5 _— Hol c y c cn'�- �ore c) Ln c v QJ A, ry ° >. .r o,� ro0. ,x Eai EF C,0 d i '-• 0,0= h C y 'Ci C C% C al v� �.• C' , c C Z CY N i. Q7 �razuCrop .oC�'� v°C,C'.�''>`�p3 ro me �•^�� QcicyEvAea d�oaioo>�n•Gc ro u o msFr-C'm v1 yaw u Q�`3u Oy•° uC�'� z Z`rte"LU UQl ti CC= Q7 -: C n C n cn V2 y C, Y L ^ .r h �_4112 DIV j roa53inrc L bs Qi 0. o QC1 o R +� p C fa r v L)V) a, > CL �, ° `O a, m c c c E o c (V ci > m. c � = to C� 3(j.` CriC��•ai v n., '_c c~3 C`!:;CV =C �3Ec_c e3 ur c. CD c ago "�ormc<at cc Y rv� cn a c G� E c� E` 3 E c r N re 2 �e y p^ 1 Cd '.�_ C, �'a aciaco= CE a) C C f" u C .0 �' V °a= > `0. ,o'er hu 7-4 teC_ q c c)- Eat Ln ep a� c ra C, E� C a� C fc 3 C N `= C 0 � 'E ma c .� c a. C o c 0 t a ti m C�aC.om 3m3 'c r G '��Ac 3ti ca ox 131Ln i _— Dy1=� pp— p c��°oe vp r W .�^ a rn ^ ..] H G _� ti G _� QJ C' G G rc 4 •C U 2 G ti t, C V '.` ` > C ra —LZ Q �s�=-���a�L]� eo o 00 IC C b a a `- C Q) Uu o v >CD G �+ — �� _- �o_- y w U s` _ c L.5 _— Hol c y c cn'�- �ore c) Ln c v QJ A, ry ° >. .r o,� ro0. ,x Eai EF C,0 d i '-• 0,0= h C y 'Ci C C% C al v� �.• C' , c C Z CY N i. Q7 �razuCrop .oC�'� v°C,C'.�''>`�p3 ro me �•^�� QcicyEvAea d�oaioo>�n•Gc ro u o msFr-C'm v1 yaw u Q�`3u Oy•° uC�'� z Z`rte"LU UQl ti CC= Q7 -: C n C n cn V2 y C, Y L ^ .r h �_4112 DIV j roa53inrc L bs Qi 0. o QC1 o R +� p C fa r v L)V) a, > CL �, ° `O a, m c c c E o c (V ci > m. c � = to C� 3(j.` CriC��•ai v n., '_c c~3 C`!:;CV =C �3Ec_c e3 ur c. CD c ago "�ormc<at cc Y rv� cn a c G� E c� E` 3 E c r N re 2 �e y p^ 1 Cd '.�_ C, �'a aciaco= CE a) C C f" u C .0 �' V °a= > `0. ,o'er hu 7-4 teC_ q c c)- Eat Ln ep a� c ra C, E� C a� C fc 3 C N `= C 0 � 'E ma c .� c a. C o c 0 t a ti m C�aC.om 3m3 'c r G '��Ac 3ti ca ox 131Ln i _— Dy1=� p c��°oe vp r W .�^ a rn ^ ..] H G _� ti G _� QJ C' G G rc 4 •C U 2 G ti t, C V '.` ` > C ra —LZ Q �s�=-���a�L]� eo o 00 IC C b a a `- C Q) Uu o v >CD G 04-09-1997 09=06AM FROM LAM OFFICES OF E 3 ACOSTA TO 1310814453 P.E3 Services and Case B - DP 96-726/Pacific Bell Mobile Services 7. Letter dated 3119197 from David W. Wolkwitz (pro) re: Case A - DP 96-727/AT&T Services and Case B - DP 96-726/Pacific Bell Mobile Services Postcard rec'd from Wade Zimmerman (con) re: Case A - DP 96-727/AT&T Services and Case B - DP 96-726/Pacific Bell Mobile Services 9. Note dated 3118/97 from Jill Barker (pro) re: Case A - DP 96-727/AT&T Wireless Srvi and Case B - DP 96-726/Pacific Bell Mobile Services 1 o. Letter dated 3/24197 from Drew Oliver (pro) re: Case A - DP 96-727/AT&Tfireless Services and Case B - DP 96-726/Pacific Bell Mobile Services PUBLICISCII 1- N:- Doll.- Pres. of Greater Shadow Oaks HOA., 338 E. Sidlee St., T.O.; unhappy with re made at the 3/14/97 meeting that HOA was not an active and viable organization; requested from Commission and was extended by Chair Powers. gy tCa y Y,ch, 571 Westminster St., T.O., wanted to make comments regarding paint colors at The Promenade (PCR 182); Chair Powers requested that she delay her comments until the Corm mssion had an opportunity to review the report which was inadvertently absent from the packet; copy of report given to Ms. Koch. Nick Quidwai, N.P., encouraged support for the Animal Crackers running for Grand Marsh ; paint colors at The Promenade appears to be well received by the community; felt Council sho d have approved the Commission's attendance of APA conference in San Diego on April 3-9. PUBLIC HEARINGS: SERVICESELY) Speaker cards: D. Lane I repres. AT&T, 2927 de la Vina, Santa Barbara, pro; Teff ddad repres. Pacific Bell, 5959 W. Century Blvd., L.A, pro; Stevgn Isbellradio freq. cons.; 5959 C entury Blvd., 9200, LA, pro, David B c repres. AT&T, 1109 Bath S.B., pro; Fred _D_ Burkhardt, repres. Chamber of Commerce, 625 W. Hillcrest Dr., T.O_, pro; lames T. Aidukas, 1395 Oakridge Ct, T.O., coq Carrie 3421 Indian Mesa Dr., T.O., pro.; Robert Phipps, 1439 Wilder St., T.O., con, Dave Carpenter. 1743 La Granada Dr., T.O., con; Roger Barker, 1394 Oalaidge Ct., T.Q., coa; T—m Aidukas 1395 Oakridge Ct., T.O., con; Paul Palkovic, 1629 Shadow Oaks, T.O., ton; Debbv Carlon, 1859 Sapra St., T.O., con; Ken Bloch 1625 Shadow Oaks Pl., T.O., con; ll Pepoernga 1748 Country Oaks, T.O., con; Dana Kr er 1784 Country Oaks Ln., T -O., cor; Mark Sandstrom, 3421 Indian Mesa, T.O., pro; Bruce McCunnev. 1912 V iAonte Dr., T.O., co PCDA40 4TOLUL044-97 2 B4-09-199? 09'06AM FROM LAW OFFICES OF E J ACOSTA TO 13168144523 P.02 MINUTES OF THE REGULAR MEETIN,- OF THE PLANNING COMMISSION MY OF THOUSAND OAKS MEETING OF MARCH 24,1997 The regular meeting of the Planning Commission was called to order at 7:02 p.m- by Chair Powers in the Council Chambers, 2100 Thousand Oaks Boulevard, Thousand Oaks, California with Commissioners Anderson, Carpenter, Frields, and Polansid present. Also present were Staff Members: Assistant City Attorney Schreiner Deputy Director Sangster Principal Engineer Reithmayr Associate Planner Burgess Associate Planner Young Consultant Jonathan Kramer, M.K. Wyatt & Assoc. VCFD Larry Williams CRPD Representative Gilmore TOPD Sergeant Matson Sr. `Administrative Secretary Sepe WR=N COMMENTS/ANNOT NCEMENTS/CONMUANCE 1. Letter dated 3118197 from Susan & Robin Perrenoud (con) re: Case A - DP 96-727/AT&T Wireless Services and Case B - DP 96-726/Pacific Bell Mobile Services 2. Letter dated 3/18/97 from Richard & Margot Ball (pro) re: Case A - DP 96-727/AT&T Wireless Services and Case B - DP 96-726/Pacific Bell Mobile Services 3. Letter dated 3/20/97 from Jon E. Morris, Real Estate Mgr for AT&T re: Case A - DP 96- 727/AT&T Wireless Services 4. Letter dated 3/18/97 from Jacqueline Rachman (con) re: Case A - DP 96-727/AT&T Wireless Services and Case B - DP 96-726/Pacific Bell Mobile Services 5. Letter dated 3/17197 from James G., Roxanne C. & Vivian A. Horning (con) re: Case A - DP 96-727/AT&T Wireless Services and Case B - DP 96-726/Pacific Bell Mobile Services 6. Letter received 3124197 from Vito Covino (pro) re: Case A - DP 96-727IAT&T Wireless PCD -4406 VuJM40-2497 04-09-1997 09:08AM FROM LAW OFFICES OF E J ACOSTA TO 13108 DP 96.727 - AT&T Marks Servic Res. 12-97 726. [a% Should an appeal be filed, the Commission recommends that the following revisions to condit ons be incorporated: Condition No. 19 (AT&T) and No. 54 (Pacific Bell) revised: Condition No. 3 5 (AT&T) and No. 70 (Pacific Bell) revised: •,��yy�_'�i. ��• .w • .e - • • ■ 1 l tl J 7 ? ��.r..,ii•,�:rifi!:1! I�1 MAL Condition No 14 (AMT) and • • (Pacific revised: lines as a ou my from sting trees. zyTc= endwigm■ w. Condition No. 30 and No. 65 revised: Any expansion or modification of the facility shall require the filing of a �i mo application to be reviewed by the Commission. Add new condition under DESI section for both AT&T and Pacific Bell: PCn:44"Wn*fMin3,7"7 4 04-09-199'7 09:07RM FROM LAW OFFICES OF E J ACOSTA TO 13108144523 P.04 Statement cards: J. Michael & Pamela B. Sipple, 1875 Sapra St., T.O., cot,; Tim & Hildburg Burke, 1790 Country Oaks Lane, T.O., con; Karen Phipps, 1489 Wilder St., T.O., con; Ron & Lyn Koller, 1868 Sapra St., T.O., con; Frances Clohessy, 1492 Valley Haigh Ave., T.O., con; Richard & Judy Masters, 1867 Sapra St., T.O., con; Tim Masters, 1678 Shadow Oak, T.O., con; Chong W. Lee, 1687 Shadow Oaks PI., T.O., con; Josh Leach, 47 Ocean View, 910, S.B., pro; Maureen Faulkner, 1629 Shadow Oaks P1., T.O., con; Susan Perrenoud, 1657 Shadow Oaks Pl., T.O., con; Bradley Hess, 1810 Chapala St., 48, S.B., pro; Kurt Sauter, 1516 EI Dorado Dr., T.O., con; Ingrid Orr, 1860 Sapra St., T.O.. con; Bob Perrenoud, 1657 Shadow Oaks Pl., T.O., con; J. T. Huang, 1378 Oakridge Ct., T.O., con; Ron Mrddler, 1605 Shadow Oaks PI., T.O., con; Joseph R.aboy, 1648 Shadow Oaks PI., T.O., con; Paul Laroche, 1892 Shaw Ct., T.O., con. Motio by Commissioner CWenter pas ed (3-2 rields and Powers o�ose_d),to deny the Mitigated N Vie De laratio M subject to the following findings: Aesthetics - inadequacy of mitigation from roadways and park site, cumulative impacts. DP 96-726 - Pacific BMI Res. 11.97 Mot on by Commissioner Carpenter Passed (3-2 Frields and Powers ovDo�ed) to deny- a reauesS aonstruct an unmanned wire ess telecommunications facifily cdApprord S+ 800 fest north of Shadow Oaks Place and 300 feet east of Church Road_ subject to the folIgnd findings The granting of this request would be detrimental to the public welfare and enjoyment of private property by the residents immediately adjacent to the proposed site. 2. The granting of the permit is not consistent or in compliance with all provisions of the Scenic Highways Element and the intent and purpose of the Protected Ridgeline Policies. 3. Approval of this request would set a precedent for attracting additional wireless telecommunication facilities in this location. 4. There are alternative sites available that could provide necessary coverage with less environmental impact. 5. There will be a negative visual impact from this development as viewed from the adjacent Old Meadows Park and the proposed picnic pavilion on the plateau below the site. 6. There will be a negative impact on the proposed lookout site for recreational users. 7. There will be a negative impact on the property values of adjacent residences due to the perceived potential health effects of this facility. a. There will be a negative impact on the surrounding residential neighborhood due to visual intrusion on the protected ridgeline within their immediate view corridors. 1'[D-.g40.42/an4ie, z.2a-97 n== ac , r -r . - . . - 04-•-09-1997 09=09AM FRAM LAW OFFICES OF E J ACOSTA TO 131081445$3 P.07 AD OU N—ENT: at 11:25 p.m. to 7:00 p.m. on Monday, April 7, 1997, for a special 7 hp Powers, Chair Panning Commission 4--7-4?'1 Datc Approved PCD:444-A] i- 1-24-Wn 6 P.27 04-09-1997 09:09W FROM LAI" OFFICES OF E J ACOSTA TO 13108144523 P.06 LD 669IMF PD 96-506 - FRANK McDONALD TRUST R The mm ion unanim a eed to Contin to ril 7 I9o7' 111"low he t t s11 wit n o � fol ;nto four 4 arc is f re _ - -- — _ __� __.......4: ntoly feet s ut f oa . Speaker cards: Joseph Blanco, repres. App., 2695 E. Dominquez St., Carson, pro; Jack Roy, repres. App., 2695 E. Dominguez St., Carson, pro. The C rnm ion rani ou l= a reed o continu ^to*A p l 7, 1.91L4 _reest rc f r an existislrz #o t an jn roved East Th usan O s B ul r . SCELLANEOTTS ITEMS CORRESFO EN E AND REFERRAL -S: (Continued to Meeting of 417197) A. Arroyo Conejo Bikeway/Greenbelt Project (HA) B. On -building Sign Design Guidelines for Commercial Development (PJK C. PCR 140 - Moorpark Village (Caruso Holdings) Building Sign Design (BR) D PCR 182 - paint Colors at The Promenade (BR) PLANNING pMECTog REPORTS AND REFERRALS: None. l�S: Minutes of March 14, 1997, approvers (5-0) as amended. COMMIS ION DI CUSSL N: None. PCD>4ea.a'7,—.AA;- 14-74-W 5 PETITION AGAINST CONDITIONAL USE PER '97 9'd -ib ATSM DEVELOPMENT REVIEW 96-9 The subject discussed is the co -location of an unmanned, wirel�ss telecommunications transmission facilities/ antennas in our residential neighborhood. We, the undersigned resident / property owner within the 500 foot radius of the subject property within Tract 42584 and owners within a 500 foot radius of exterior boundaries of Tract 42584 within the city limit of Diamond Bar, California, do hereby by signing this petition request the Planning Commission of the city of Diamond Bar to reject the provision of state law and the city of Diamond Bar zoning code regarding Conditional Use Permit 96-10 and Development Review 96-9. The main reason for the opposition is that the subject property i located in a residential zone which we feel should not be chane to another use. C_ 6rtr9 7 Resident / Property Owner Name (Printed) A �e Z,4f L4w, 7 -�- Signature Residence Address ( Number, Street) Diamond Bar, Ca 91765 L6. PE J -7 )N AGAINST COT 96-10 vD DEVE. 41 t ITION E PERMIT X 96-9 The subject discussed is the co -location of an unmanned, wireless telecommunications transmission facilities /antennas in our residential neighborhood. We, the undersigned resident / property owner within the 500 foot radius of the subject property within Tract 42584 and owners within a 500 foot radius of exterior boundaries of Tract 42584 within the city limit of Diamond Bar, California, do hereby by signing this petition request the Planning Commission of the city of Diamond Bar to reject the provision of state law and the city of Diamond Bar zoning code regarding Conditional Use Permit 96-10 and Development Review 96-9. The main reason for the opposition is that the subject property is located in a residential zone which we feel should not be changed to another use. Resident / Property' Owner Name (Printed) —LA�2, ,-6 � �ti v S' enature Residence Address { Number, Street) L6. Diamond Bar, Ca 91765 PETITION AGAINST CONDITIONAL USE PERM 96-10 AND DEVELOPMENT REVIEW 96-9 The subject discussed is the co -location of an unmanned, wirele telecommunications transmission facilities /antennas in our residential neighborhood. We, the undersigned resident / property owner within the 500 ft of radius of the subject property within Tract 42584 and owners within a 500 foot radius of exterior boundaries of Tract 42584 within the city limit of Diamond Bar, California, do hereby by signing this petition request the Planning Commission of the cit of Diamond Bar to reject the provision of state law and the city Df Diamond Bar zoning code recardinc, Conditional Use Permit 96-10 and Development Review 96-9. The main reason for the opposition is that the subject property i� located in a residential zone which we feel should not be chana d to another use. J0 /L i ro ,41Z,,4 le Z Resident / Property Owner Name (Printed) Sig atur 3 7- 3 7 /- /7) - 3 P'(/, Residence Address ( Number, Street) Diamond Bar, Ca 91765 CD s PETITION AGAINST CONDITIONAL USE PERMIT 96-10 AND DEVEOPMENT REVIEW 96-9 We, the undersigned resident / property owner within the 500 foot radius of the subject property within tract 42584 and owners within a 500 foot radius of exterior boundary of tract 42584 within the city limit of Diamond Bar, California, do hereby by signing this petition request the Planning Commission of the city of Diamond Bar to reject the provision of state law and the city of Diamond Bar zoning code retarding Conditional Use Permit 96-10 and Development Review 96-9. The main reason for the opposition is that the subject property is located in a residential zone which we feel should not be changed to another use. Resident 1 Property Owner Name (Printed) S1Lyn ature Residence Address ( Number, Street) s Diamond Bar, Ca 91765 a PETITION AGAINST CONDITIONAL USE PERT 96-10 AND DEVELOPMENT REVIEW 96-9 The subject discussed is the co -location of an unmanned, wireless telecommunications transmission facilities /antennas in our residential neighborhood. We, the undersizned resident / property owner within the 500 f of radius of the subject property within Tract 42584 and owners within a 500 foot radius of exterior boundaries of Tract 42584 within the city limit of Diamond Bar, California, do hereby by signing this petition request the Planning Commission of the cit of Diamond Bar to reject the provision of state law and the city of Diamond Bar zoning code regarding Conditional Use Permit 96 10 and Development Review 96-9. The main reason for the opposition is that the subject property i located in a residential zone which we feel should not be chane d to another use. /bb,/- (7 Z Resident f Property Owner Name (Printed) Sianat re 373 ZZ 1,;7; 7� s �- Residence Address ( Number, Street) Diamond Bar, Ca 91765 PETITION AGAINST CONDITIONAL USE PERMIT 96-10 AND DEVEOPMENT REVIEW 96-9 We, the undersigned resident / property owner within the 500 foot radius of the subject property within tract 42584 and owners within a 500 foot radius of exterior boundary of tract 42554 within the city limit of Diamond Bar, California, do hereby by signing this petition request the Planning Commission of the city of Diamond Bar to reject the provision of state law and the city of Diamond Bar zoning code regarding Conditional Use Permit 96-10 and Development Review 96-9. The main reason for the opposition is that the subject property is located in a residential zone which we feel should not be changed to another use. Resident / Property Owner Name (Printed) ysinature Residence Address ( Number, Street) Diamond Bar, Ca 91765 0v'. lY� �j &%J L6. PETITION AGAINST CONDITIONAL USE P 96-10 AND DEVEOPMENT REVIEW 96-9 We, the undersigned resident / property owner within the 500 fo t radius of the subject property within tract 42584 and owners wit in a 500 foot radius of exterior boundary of tract 42584 within the city limit of Diamond Bar, California, do hereby by signing thi petition request the Planning Commission of the city of Diamond Bar to reject the provision of state law and the city of Diamond Bar zoning code regarding Conditional Use Permit 96-10 and Development Review 96-9. The main reason for the opposition is that the subject property i; located in a residential zone which we feel should not be changE to another use. Resident 1 Property Owner Name (Printed) _ Signature 'I E-� P C C"� P L i, C -e Residence Address ( Number, Street) Diamond Bar, Ca 91765 N AG CONDITIONAL 96-14 AND DEV] MENT REVIEW 96-9 We, the undersigned resident 1 property owner within the 500 foot radius of the subject property within tract 42584 and owners within a 500 foot radius of exterior boundary of tract 42584 within the city limit of Diamond Bar, California, do hereby by signing this petition request the Planning Commission of the city of Diamond Bar to reject the provision of state law and the city of Diamond Bar zoning code regarding Conditional Use Permit 96-10 and Development Review 96 -9 - The main reason for the opposition is that the subject property is located in a residential zone which we feel should not be changed to another use. Resident / Property Owner Name (Printed) Signat e g C-7 h R k-',- 7 `S ? �- Residence Address ( Number, Street) Diamond Bar, Ca 91765 Ls - PETITION AGAINST CONDITH N 96-10 AND DEVELOPMENT REVIEW 96-9 The subject discussed is the co -location of an unmanned, wirel ss telecommunications transmission facilities/ antennas in our residential neighborhood. We, the undersigned resident / property owner within the 500 fc of radius of the subject property within Tract 42584 and owners within a 500 foot radius of exterior boundaries of Tract 42584 within the city limit of Diamond Bar, California, do hereby by signing this petition request the Planning Commission of the cit of Diamond Bar to reject the provision of state law and the city f Diamond Bar zoning, code regarding Conditional Use Permit 96-10 and Development Review 96-9. The main reason for the opposition is that the subject property is located in a residential zone which we feel should not be chanQc to another use. Resident / Pp(:�pp�ty Owner Nam (Printed) �J f Signature Residence Address ( Number, Street) Diamond Bar, Ca 91765 C PETITION AGAINST CONDITIONAL USE PERMIT 96-10 AND DEVEOPMENT REVIEW 96-9 We, the undersigned resident / property owner within the 500 foot radius of the subject property within tract 42584 and owners within a 500 foot radius of exterior boundary of tract 42584 within the city limit of Diamond Bar, California, do hereby by signing this petition request the Planning Commission of the city of Diamond Bar to reject the provision of state law and the city of Diamond Bar zoning code regarding Conditional Use Permit 96-10 and Development Review 96-9. The main reason for the opposition is that the subject property is Located in a residential zone which we feel should not be changed to another use. Resident / Property Owner Name (Printed) - 70 Sisinature ti- i� A-a�-k 1 cos L Residence Address ( Number, Street) Diamond Bar, Ca 91765 PETITION AGAINST CONDITIONAL I 96-10 AND DEVEOPMENT REVIEW 96-9 We, the undersigned resident / property owner within the 500 fo radius of the subject property within tract 42584 and owners wit: a 500 foot radius of exterior boundary of tract 42584 within the city limit of Diamond Bar, California, do hereby by signing thi: petition request the Planning Commission of the city of Diamon( Bar to reject the provision of state law and the city of Diamond I zoning code regarding Conditional Use Permit 96-10 and Development Review 96-9. The main reason for the opposition is that the subject property is located in a residential zone which we feel should not be change( to another use. Respeiit� / Property Owner Name (Printed) Sicrnature �3 A'Ct(1 TOS /`C Residence Address ( Number, Street) Diamond Bar, Ca 91765 M1 PETITION AGAINST CONDITIONAL USE PERMIT 96-10 AND DEVELOPMENT REVIEW 96-9 The subject discussed is the co -location of an unmanned, wireless telecommunications transmission facilities /antennas in our residential neighborhood. We, the undersigned resident / property owner within the 500 foot radius of the subject property within Tract 42584 and owners within a 500 foot radius of exterior boundaries of Tract 42584 within the city limit of Diamond Bar, California, do hereby by signing this petition request the Planning Commission of the city of Diamond Bar to reject the provision of state law and the city of Diamond Bar zoning code regarding Conditional Use Permit 96-10 and Development Review 96-9. The main reason for the opposition is that the subject property is located in a residential zone which we feel should not be changed to another use. Resident / Property Owner Name (Printed) Signa Residence Address ( Number, Street) Diamond Bar, Ca 91765 f PETITION AGAINST CONDITIONAL USE 96-1GA ND E,VELOPMENT REVIEW 96-9 The subject discussed is the co -location of an unmanned, lvirele s telecommunications transmission facilities/antennas in our residential neighborhood_ We, the undersigned resident l property owner within the 500 ft radius of the subject property within Tract 42584 and owners within a 500 foot radius of exterior boundaries of Tract 42584 within the city limit of Diamond Bar, California, do hereby by signing this petition request the Planning Commission of the cit of Diamond Bar to reject the provision of state law and the city Diamond Bar zoning code regarding Conditional Use Permit 9( and Development Review 96-9. The main reason for the opposition is that the subject property located in a residential zone which we feel should not be chap, to another use. Resident / Property Owner Name (Printed) f ;/7 X Signature i Residence Address ( Number, Street) Diamond Bar, Ca 91765 t 10 PETITION AG 96-10 T CONDITION AND DEVELOPME LL USE PER IEW - The subject discussed is the co -location of an unmanned, wireless telecommunications transmission facilities / antennas in our residential neighborhood. We, the undersigned resident 1 property owner within the 500 foot radius of the subject property within Tract 42584 and owners within a 500 foot radius of exterior boundaries of Tract 42584 within the city limit of Diamond Bar, California, do hereby by signing this petition request the Planning Commission of the city of Diamond Bar to reject the provision of state law and the city of Diamond Bar zoning code regarding Conditional Use Permit 96-10 and Development Review 96-9. The main reason for the opposition is that the subject property is located in a residential zone which we feel should not be changed to another use. I-0* s P� Resident / Property Owner Name (Printed) — — �sP__ . � � � -- Signature Residence Address ( Number, Street) Diamond Bar, Ca 91765 PETITION AGAINST ;ONDITIONAL USE PERK 96-107AND-DE ELOPMENT REVIEW 96-9 The subject discussed is the co -location of an unmanned, wireldss telecommunications transmission facilities/ antennas in our residential neighborhood. We, the undersigned resident / property owner within the 500 foot radius of the subject property within Tract 42584 and owners within a 500 foot radius of exterior boundaries of Tract 42584 within the city limit of Diamond Bar, California, do hereby by signing this petition request the Planning Commission of the city of Diamond Bar to reject the provision of state law and the city of Diamond Bar zoning code regarding Conditional Use Permit 9 -10 and Development Review 96-9. The main reason for the opposition is that the subject property located in a residential zone which we feel should not be chan, to another use. L Z - Resident / Property Owner Name (Printed) Si nature Residence Address ( Number, Street) Diamond Bar, Ca 91765 -97 .?R 15 n.:.n2 PETITION AGA 96-10 'T CONDITIONAL USE PE DEVELOPMENT REVIEW 96-9 The subject discussed is the co -location of an unmanned, wireless telecommunications transmission facilities /antennas in our residential neighborhood. We, the undersigned resident / property owner within the 500 foot radius of the subject property within Tract 42584 and owners within a 500 foot radius of exterior boundaries of Tract 42584 within the city limit of Diamond Bar, California, do hereby by sianina this petition request the Planning Commission of the city of Diamond Bar to reject the provision of state law and the city of Diamond Bar zoning code reaardina Conditional Use Permit 96-10 and Development Review 96-9. The main reason for the opposition is that the subject property is located in a residential zone which we feel should not be changed to another use. l Resid nt troperty Owner Name (Printed) r Signatur Residence Address ( Number, Street} Diamond Bar, Ca 91765 19� ��' ) TITION AGAINST CONDITIONAL USE 96-10 AND DEVELOPMENT REVIEW 96-9 The subject discussed is the co -location of an unmanned, wirele, telecommunications transmission facilities/ antennas in our residential neighborhood. We, the undersigned resident 1 property owner within the 500 fc radius of the subject property within Tract 42584 and owners within a 500 foot radius of exterior boundaries of Tract 42584 within the city limit of Diamond Bar, California, do hereby by signing this petition request the Planning Commission of the cit of Diamond Bar to reject the provision of state law and the city of Diamond Bar zoning code regarding Conditional Use Permit 96-10 and Development Review 96-9. The main reason for the opposition is that the subject property is located in a residential zone which we feel should not be changc to another use. w [ L - n /� -� 14 - Resident / Property Owner Name (Printed) /V ��2�L Signature U 3 G 1 A- P- �Ai -Tcs ? L /]-c & Residence Address ( Number, Street) Diamond Bar, Ca 91765 0 G 101 INST CONDITIONAL USE PEE DEVELOPMENT REVIEW 96-9 The subject discussed is the co -location of an unmanned, wireless telecommunications transmission facilities/ antennas in our residential neighborhood. We, the undersigned resident / property owner within the 500 foot radius of the subject property within Tract 42584 and owners within a 500 foot radius of exterior boundaries of Tract 42584 within the city limit of Diamond Bar, California, do hereby by signing this petition request the Planning Commission of the city of Diamond Bar to reject the provision of state law and the city of Diamond Bar zoning code regarding Conditional Use Permit 96-10 and Development Review 96-9. The main reason for the opposition is that the subject property is located in a residential zone which we feel should not be changed to another use. Resident I Property Owner Name (Printed) .V! 1.. Signature' Residence Address ( Number, Street) Diamond Bar, Ca 91765 PETITION AGAINST CONDITIONAL USE PE 96-10 ANDPE LGP-MENT.REVIEW 96-9 The subject discussed is the co -location of an unmanned, wireless telecommunications transmission facilities / antennas in our residential nein hborhood. We, the undersigned resident / property owner within the 500 ft radius of the subject property within Tract 42584 and owners within a 500 foot radius of exterior boundaries of Tract 42584 within the city limit of Diamond Bar, California, do hereby by signing this petition request the Planning Commission of the cit of Diamond Bar to reject the provision of state law and the city f Diamond Bar zoning code regarding Conditional Use Permit 96 10 and Development Review 96-9. The main reason for the opposition is that the subject property is located in a residential zone which we feel should not be chanac to another use. Resident / Property Owner Name (Printed) _nature [' SZ .Je Ae1 r' a S P/ Residence Address ( Number, Street) Diamond Bar, Ca 91765 ral PETITION AGAINST CONDITIONAL USE PERMIT 96-10 AND DEVELOPMENT REVIEW 96'9 T,FR I r : Ir - The subject discussed is the co -location of an unmanned, wireless telecommunications transmission facilities /antennas in our residential neighborhood. We, the undersigned resident 1 property owner within the 500 foot radius of the subject property within Tract 42584 and owners within a 500 foot radius of exterior boundaries of Tract 42584 within the city limit of Diamond Bar, California, do hereby by signing this petition request the Planning Commission of the city of Diamond Bar to reject the provision of state law and the city of Diamond Bar zoning code regarding Conditional Use Permit 96-10 and Development Review 96--9. The main reason for the opposition is that the subject property is located in a residential zone which we feel should not be changed to another use. Resident 1 Property Owner Name (Printed) Si-znature 4(1-,-,-, TJ C IL�V - Residence Address (Number, Street) Diamond Bar, Ca 91765 PETITION AGAINST CONDITIONAL USE PERMIT 96-10 AND DEVELOPMENT REVIEW 96-9 SPR 15 rll , :02 The subject discussed is the co -location of an unmanned, wirele s telecommunications transmission facilities /antennas in our residential nein hborhood. We, the undersigned resident / property owner within the 500 foot radius of the subject property within Tract 42584 and owners within a 500 foot radius of exterior boundaries of Tract 42584 within the city limit of Diamond Bar, California, do hereby by signing this petition request the Planning Commission of the cit of Diamond Bar to reject the provision of state law and the city of Diamond Bar zoning code regarding Conditional Use Permit 96-10 and Development Review 96-9. The main reason for the opposition is that the subject property is located in a residential zone which we feel should not be change to another use. k [Ilk -AJ Resident / Property Owner Name (Printed) Signature 3I 7 To -- Residence Address ( Number, Street) Diamond Bar, Ca 91765 raJ PETITION AG. ►T CONDITIONAL US 96-10 AND DEVELOPMENT REVI_EW 9 t9 �-TR 15 P11-02 The subject discussed is the co -location of an unmanned, wireless telecommunications transmission facilities/ antennas in our residential neighborhood. We, the undersigned resident / property owner within the 500 foot radius of the subject property within Tract 42584 and owners within a 500 foot radius of exterior boundaries of Tract 42584 within the city limit of Diamond Bar, California, do hereby by signing this petition request the Planning Commission of the city of Diamond Bar to reject the provision of state law and the city of Diamond Bar zoning code regarding Conditional Use Permit 96-10 and Development Review 96-9. The main reason for the opposition is that the subject property is located in a residential zone which we feel should not be changed to another use. 7� , , ---jr ,4tiL-c- C�JG�t Resident / Property Owner Name (Printed) SianAure �✓" Residence Address ( Number, Street) Diamond Bar, Ca 91765 PETITION AGAINST CONDTTIONAL USE PERMIT 96-10 AND DEVELOPMENT REVIEW 96T9 rp.o ; 02 The subject discussed is the co -location of an unmanned, wirele s telecommunications transmission facilities / antennas an our residential neighborhood. We, the undersigned resident / property owner within the 500 fo t radius of the subject property within Tract 42584 and owners within a 500 foot radius of exterior boundaries of Tract 42584 within the city limit of Diamond Bar, California , do hereby by sianina this petition request the Planning Commission of the cit of Diamond Bar to reject the provision of state law and the city c f Diamond Bar zoning code reaardina Conditional Use Permit 96-10 and Development Review 96-9. The main reason for the opposition is that the subject property is located in a residential zone which we feel should not be chance to another use. S 111- �1 Z�l -1;0 i7-5 Resident / Property Owner Name (Printed) /l Si nature r 7 Residence Address ( Number, Street) Diamond Bar, Ca 91765 PETITION AG 1 A AND REVEL ONDITIONAL USE P OPMENT REVIEW 9 "IT -9. '02 The subject discussed is the co -location of an unmanned, wireless telecommunications transmission facilities /antennas in our residential neighborhood. We, the undersigned resident / property owner within the 500 foot radius of the subject property within Tract 42584 and owners within a 500 foot radius of exterior boundaries of Tract 42584 within the city limit of Diamond Bar, California, do hereby by signing this petition request the Planning Commission of the city of Diamond Bar to reject the provision of state law and the city of Diamond Bar zoning code regarding Conditional Use Permit 96-10 and Development Review 96-9. The main reason for the opposition is that the subject property is located in a residential zone which we feel should not be changed to another use. T— AL C /1/--, j15 Resident 1 Property Owner Name (Printed) Signature Residence Address ( Number, Street) Diamond Bar, Ca 91765 PETITION AGAIN �. ^ r CONDITIONAVU, SE PERA41 96-10 AND DEVELOPMENT REV' X96-9�1I:: 3 The subject discussed is the co -location of an unmanned, wireless telecommunications transmission facilities /antennas in our residential neighborhood. We, the undersigned resident / property owner within the 500 foot radius of the subject property within Tract 42584 and owners within a 500 foot radius of exterior boundaries of Tract 42584 within the city limit of Diamond Bar, California, do hereby by signing this petition request the Planning Commission of the city of Diamond Bar to reject the provision of state law and the city of Diamond Bar zoning code regarding Conditional Use Permit 9 -10 and Development Review 96-9. The main reason for the opposition is that the subject property i located in a residential zone which we feel should not be chang to another use. Resident / Property Owner Name (Printed) Signature 0 Residence Address ( Number, Street) Diamond Bar, Ca 91765 r PETITION AGAINST CONDITIONAL USE 96-10 AND DEVELOPMENT REW-EW The subject discussed is the co -location of an unmanned, wireless telecommunications transmission facilities /antennas in our residential neighborhood. We, the undersigned resident / property owner within the 500 foot radius of the subject property within Tract 42584 and owners within a 500 foot radius of exterior boundaries of Tract 42584 within the city limit of Diamond Bar, California, do hereby by signing this petition request the Planning Commission of the city of Diamond Bar to reject the provision of state law and the city of Diamond Bar zoning code regarding Conditional Use Permit 96-10 and Development Review 96-9. The main reason for the opposition is that the subject property is located in a residential zone which we feel should not be changed to another use. 17 Resident / Property Owner Name (Printed) Signature Residence Address ( Number, Street) Diamond Bar, Ca 91765 PETITION AGAIN' T CONDITIONAL USE PE IT 96-I0 AND DEVELOPMENT REVIEWD6.4 The subject discussed is the co -location of an unmanned, wireh ss telecommunications transmission facilities/ antennas in our residential neighborhood. We, the undersigned resident / property owner within the 500 f radius of the subject property within Tract 42584 and owners within a 500 foot radius of exterior boundaries of Tract 42584 within the city limit of Diamond Bar, California, do hereby by X1.1 :0 signing this petition request the Planning Commission of the city of Diamond Bar to reject the provision of state law and the city of Diamond Bar zoning code regarding Conditional Use Permit 96-10 and Development Review 96--9. The main reason for the opposition is that the subject property i located in a residential zone which we feel should not be chang, to another use. Resident / Property Owner Name (Printed) Sianature < Residence Address ( Number, Street) Diamond Bar, Ca 91765 r 1 71,,1. .i PETITION AGAINST CONDITIONAL USE PERMIT: 96-10 AND DEVELOPMENT REVIEW 96-9 �1 771, 5 Pill ;03 The subject discussed is the co -location of an unmanned, wireless telecommunications transmission facilities/ antennas in our residential neighborhood. We, the undersigned resident 1 property owner within the 500 foot radius of the subject property within Tract 42584 and owners within a 500 foot radius of exterior boundaries of Tract 42584 within the city limit of Diamond Bar, California, do hereby by signing this petition request the Planning Commission of the city of Diamond Bar to reject the provision of state law and the city of Diamond Bar zoning code regarding Conditional Use Permit 96-10 and Development Review 96-9. The main reason for the opposition is that the subject property is located in a residential zone which we feel should not be changed to another use. /1 R18� Resident I Property Owner Name (Printed) S i gnatur - 26 Residence Address ( Number, Street) Diamond Bar, Ca 91765 PETITION AGAINST CONDITIONAL. USE. PE_ RST 96-10 AND DEVELOPMENT REVIEW.96-9,R ; .03 The subject discussed is the co -location of an unmanned, wirele s telecommunications transmission facilities/ antennas in our residential neighborhood. We, the undersigned resident / property owner within the 500 foot radius of the subject property within Tract 42584 and owners within a 500 foot radius of exterior boundaries of Tract 42584 within the city limit of Diamond Bar, California, do hereby by signing this petition request the Planning Commission of the cit of Diamond Bar to reject the provision of state law and the city of Diamond Bar zoning code regarding Conditional Use Permit 96 10 and Development Review 96-9. The main reason for the opposition is that the subject property is located in a residential zone which we feel should not be chan2c to another use. Resident / Property Owner Name (Printed) S i �,ature ' J Residence Address ( Number, treet) Diamond Bar, Ca 91765 PETITION AGAINST ONDITIONAL USE-PERNIIT 6_1 n AND DEVELOPMENT ,Mbr-9 '1 '03 The subject discussed is the co -location of an unmanned, wireless telecommunications transmission facilities/ antennas in our residential neighborhood. We, the undersigned resident / property owner within the 500 foot radius of the subject property within Tract 42584 and owners within a 500 foot radius of exterior boundaries of Tract 42584 within the city limit of Diamond Bar, California, do hereby by signing this petition request the Planning Commission of the city of Diamond Bar to reject the provision of state law and the city of Diamond Bar zoning code regarding Conditional Use Permit 96-10 and Development Review 96-9. The main reason for the opposition is that the subject property is located in a residential zone which we feel should not be changed to another use. Resident / Property Owner Name (Printed) -- Signature Residence Address ( Number, Street) Diamond Bar, Ca 91765 PETITION AGAINST CONDITIONAL USE PERMIT 96-10 AND DEVELOPMENT REVIEW 9699 �, D n, :3 The subject discussed is the co -location of an unmanned, wirele s telecommunications transmission facilities /antennas in our residential neighborhood. We, the undersigned resident / property owner within the 500 foot radius of the subject property within Tract 42584 and owners within a 500 foot radius of exterior boundaries of Tract 42584 within the city limit of Diamond Bar, California, do hereby by sianing this petition request the Planning Commission of the cit of Diamond Bar to reject the provision of state law and the city of Diamond Bar zoning code regarding Conditional Use Permit 96-10 and Development Review 96-9. The main reason for the opposition is that the subject property i, located in a residential zone which we feel should not be chan�rE to another use. Resident / Property Owner Name (Printed) S' nature 2 ?'�- � F, m i '� .. PL Residence Address ( Number, Street) Diamond Bar, Ca 91765 J BION AGAINST CONDITIONAL 96-10 AND DEVI NT REVIEW -9 ?:n3 The subject discussed is the co -location of an unmanned, wireless telecommunications transmission facilities / antennas in our residential neighborhood. We, the undersigned resident 1 property owner within the 500 foot radius of the subject property within Tract 42584 and owners within a 500 foot radius of exterior boundaries of Tract 42584 within the city limit of Diamond Bar, California, do hereby by signing this petition request the Planning Commission of the city of Diamond Bar to reject the provision of state law and the city of Diamond Bar zoning code regarding Conditional Use Permit 96-10 and Development Review 96-9. The main reason for the opposition is that the subject property is located in a residential zone which we feel should not be changed to another use. Resident / Property Owner Name (Printed) Signature j Residence Address { Number, Street) Diamond Bar, Ca 91765 PETITION AGAINST C( NDITIONAL USE PERM 96-10 AND DEVELOPMENT REVIE,V 196=9 03 The subject discussed is the co -location of an unmanned, ivirele4s telecommunications transmission facilities/ antennas in our residential neighborhood. We, the undersigned resident / property owner within the 500 fo t radius of the subject property within Tract 42584 and owners within a 500 foot radius of exterior boundaries of Tract 42584 within the city limit of Diamond Bar, California, do hereby by signing this petition request the Planning Commission of the cit of Diamond Bar to reject the provision of state law and the city of Diamond Bar zoning code regarding Conditional Use Permit 96 10 and Development Review 96-9. The main reason for the opposition is that the subject property is located in a residential zone which we feel should not be chance to another use. 67 Resident / Property Owner Name (Printed) Signature Residence Address ( Number, Street) Diamond Bar, Ca 91765 PETITION AGAINST CONDITIONAL USE PERMIT 96-10 AND DEVELOPMENT REVIEW ..96,9 71:03 The subject discussed is the co -location of an unmanned, wireless telecommunications transmission facilities / antennas in our residential neighborhood. We, the undersigned resident / property owner within the 500 foot radius of the subject property within Tract 42584 and owners within a 500 foot radius of exterior boundaries of Tract 42584 within the city limit of Diamond Bar, California, do hereby by signing this petition request the Planning Commission of the city of Diamond Bar to reject the provision of state law and the city of Diamond Bar zoning code regarding Conditional Use Permit 96-10 and Development Review 96-9. The main reason for the opposition is that the subject property is located in a residential zone which we feel should not be changed to another use. Resident / Property Owner Name (Printed) Signature Residence Address ( Number, Street) Diamond Bar, Ca 91765 PETITION AGAINST CONDITIONAL I E PE 96-10 AND DEVELOPMENT REVIEW 6 - The subject discussed is the co -location of an unmanned, wirelss telecommunications transmission facilities/ antennas in or residential neighborhood. We, the undersigned resident / property owner within the 500 fc of radius of the subject property within Tract 42584 and owners within a 500 foot radius of exterior boundaries of Tract 42584 within the city limit of Diamond Bar, California, do hereby by signing this petition request the Planning Commission of the cit of Diamond Bar to reject the provision of state law and the city f Diamond Bar zoning code regarding Conditional Use Permit 96-10 and Development Review 96-9. The main reason for the opposition is that the subject property i located in a residential zone which we feel should not be chain, d to another use. Resident / Property Owner Name (Printed) Si anature Residence Address ( Number, Street) Diamond Bar, Ca 91765 PETITION AGAINST CONDITIONAL USE PERMIT- • : 96-10 AND DEVELOPMENT REVIEW 96-9,� , :03 The subject discussed is the co -location of an unmanned, wireless telecommunications transmission facilities/ antennas in our residential neighborhood. We, the undersigned resident I property owner within the 500 foot radius of the subject property within Tract 42584 and owners within a 500 foot radius of exterior boundaries of Tract 42584 within the city limit of Diamond Bar, California, do hereby by signing this petition request the Planning Commission of the city of Diamond Bar to reject the provision of state law and the city of Diamond Bar zoning code regarding Conditional Use Permit 96-10 and Development Review 96-9. The main reason for the opposition is that the subject property is located in a residential zone which we feel should not be changed to another use. ResidentlTroperty Owner Name (Printed) i fes. Signature --� JResidence Address ( Number, Street) Diamond Bar, Ca 91765 PETITION AGAINST CONDITIONAL I 96-10 AND DEVELOPMENT REVIEW 9# 9,, 15 ;' '03 The subject discussed is the co -location of an unmanned, ivirele�s telecommunications transmission facilities/ antennas in our residential neighborhood. We, the undersigned resident / property owner within the 500 foot radius of the subject property within Tract 42584 and owners within a 500 foot radius of exterior boundaries of Tract 42584 within the city limit of Diamond Bar, California, do hereby by signing this petition request the Planning Commission of the cit of Diamond Bar to reject the provision of state law and the city of Diamond Bar zoning code regarding Conditional Use Permit 96-10 and Development Review 96-9. The main reason for the opposition is that the subject property h located in a residential zone which we feel should not be chanEc to another use. Resident I Property Owner Name (Printed) S i anature Residence Address ( Number, Street) Diamond Bar, Ca 91765 PETITION AGAINST CONDITIONAL USE PER 96-10 AND DEVELOPMENT REVIEW 96-9 i cz 'n3 The subject discussed is the co -location of an unmanned, wireless telecommunications transmission facilities / antennas in our residential neighborhood. We, the undersigned resident 1 property owner within the 500 foot radius of the subject property within Tract 42584 and owners within a 500 foot radius of exterior boundaries of Tract 42584 within the city limit of Diamond Bar, California, do hereby by signing this petition request the Planning Commission of the city Bar to reject the provision of state law and the city of of Diamond Diamond Bar zoning code regarding Conditional Use Permit 96-10 and Development Review 96-9. The main reason for the opposition is that the subject prep rty is located in a residential zone which we feel should not b ed to another use. Resident / Property Owner Name (Printed) S i an ature Residence, Address ( Number, Street) Diamond Bar, Ca 91765 PETITION AGAINST CONDITIONAL USE 96-10 AND DEVELOPMENT REVIEW 96-9°R The subject discussed is the co -location of an unmanned, wire telecommunications transmission facilities/ antennas in our residential neighborhood. J Oxy We, the undersigned resident I property owner within the 500 f of radius of the subject property within Tract 42584 and owners within a 500 foot radius of exterior boundaries of Tract 42584 within the city limit of Diamond Bar, California, do hereby b signing this petition request the Planning Commission of the ci y of Diamond Bar to reject the provision of state law and the city of Diamond Bar zoning code regarding Conditional Use Permit 9 -10 and Development Review 96-9. The main reason for the opposition is that the subject property located in a residential zone which we feel should not be chant to another use. Resident /-Property Owner Name (Printed) r Signature Residence Address ( Number, Street) Diamond Bar, Ca 91765 s ed 96-10 DEVEOPMENT REVIEW I We, the undersigned resident I property owner within the 500 foot radius of the subject property within tract 42584 and owners within a 500 foot radius of exterior boundary of tract 42584 within the city limit of Diamond Bar, California, do hereby by signing this petition request the Planning Commission of the city of Diamond Bar to reject the provision of state law and the city of Diamond Bar zoning code regarding Conditional Use Permit 96-10 and Development Review 96-9. The main reason for the opposition is that the subject property is located in a residential zone which we feel should not be changed to another use. -nk/ Pro ert r ame (Printed) P Y . ; Signature Residence Address ( Number, Street) Diamond Bar, Ca 91765 PETITION AGAINST CONDITION 96-10 AND DEVELOPMENT REVIEW 96-9 The subject discussed is the co -location of an unmanned, wireless telecommunications transmission facilities /antennas in our residential neighborhood. We, the undersigned resident / property owner within the 500 ft radius of the subject property within Tract 42584 and owners within a 500 foot radius of exterior boundaries of Tract 42584 within the city limit of Diamond Bar, California , do hereby by signing this petition request the Planning Commission of the cit of Diamond Bar to reject the provision of state law and the city f Diamond Bar zoning code regarding Conditional Use Permit 96 10 and Development Review 96-9. The main reason for the opposition is that the subject property i. located in a residential zone which we feel should not be chancy( to another use. ?2' G X-6 Re � t / Property Own ame (Printed) Sicynat e Residence Addre s ( Number, Street) Diamond Bar, Ca 91765 rel 7,1 :03 PETITION AGAINST CONDITIONAL PERMIT �,, . 3 96-10 AND DEVELOPMENT REVIEW 9 The subject discussed is the co -location of an unmanned, wireless telecommunications transmission facilities/antennas in our residential neighborhood. We, the undersigned resident / property owner within the 500 foot radius of the subject property within Tract 42584 and owners within a 500 foot radius of exterior boundaries of Tract 42584 within the city limit of Diamond Bar, California, do hereby by signing this petition request the Planning Commission of the city of Diamond Bar to reject the provision of state law and the city of Diamond Bar zoning code regarding Conditional Use Permit 96-10 and Development Review 96-9. The main reason for the opposition is that the subject property is located in a residential zone which we feel should not be changed to another use. Resident / Property Owner Name (Printed) Signature -///� �ACP16 IM, Residence Address ( Number, Street) Diamond Bar, Ca 91765 PETITION AGAINST CONDITIONAL USE PFR YT• 96-10 AND DEVELOPMENT REVIEW 96-9 •9a� �� ,1 :03 The subject discussed is the co -location of an unmanned, wirel ss telecommunications transmission facilities / antennas in our residential neighborhood. We, the undersigned resident / property owner within the 500 fc of radius of the subject property within Tract 42584 and owners within a 500 foot radius of exterior boundaries of Tract 42584 within the city limit of Diamond Bar, California , do hereby by signing this petition request the Planning Commission of the cit of Diamond Bar to reject the provision of state law and the city f Diamond Bar zoning code regarding Conditional Use Permit 96 10 and Development Review 96-9. The main reason for the opposition is that the subject property ill located in a residential zone which we feel should not be chance to another use. 11615 el�Sft Resident / Property Owner Name (Printed) Signa re 42,C Residence Address ( Number, Street) Diamond Bar, Ca 91765 PETITION AGAINST CO 96-10 AND DEVELO ONAL The subject discussed is the co -location of an unmanned, wireless telecommunications transmission facilities / antennas in our residential neighborhood. We, the undersigned resident l property owner within the 500 foot radius of the subject property within Tract 42584 and owners within a 500 foot radius of exterior boundaries of Tract 42584 within the city limit of Diamond Bar, California , do hereby by signing this petition request the Planning Commission of the city of Diamond Bar to reject the provision of state law and the city of Diamond Bar zoning code regarding Conditional Use Permit 96-10 and Development Review 96-9. The main reason for the opposition is that the subject property is located in a residential zone which we feel should not be changed to another use. *PRZesient / Property Owner Name (Printed) Signature frC. ?W'Plo Residence Address ( Number, Street) Diamond Bar, Ca 91765 ON AGAINST CONDITIONAL 1 96-10 AND DEVEOPMENT REVIEW 96-9 We, the undersigned resident / property owner within the 500 fo radius of the subject property within tract 42584 and owners wit a 500 foot radius of exterior boundary of tract 42584 within the city limit of Diamond Bar, California , do hereby by signing thi petition request the Planning Commission of the city of Diamon+ Bar to reject the provision of state law and the city of Diamond 1 zoning code regarding Conditional Use Permit 96-10 and Development Review 96-9. The main reason for the opposition is that the subject property is located in a residential zone which we feel should not be change to another use. Jo '30'uoU Resident / Property Owner Name (Printed) i natoe I 0 Residence Address ( Number, Street) Diamond Bar, Ca 91765 gar PE N AGAINST CONDITION 96-10 AND DEVEOPMENT REVIEW 96-9 We, the undersigned resident 1 property owner within the 500 foot radius of the subject property within tract 42584 and owners within a 500 foot radius of exterior boundary of tract 42584 within the city limit of Diamond Bar, California, do hereby by signing this petition request the Planning Commission of the city of Diamond Bar to reject the provision of state law and the city of Diamond Bar zoning code regarding Conditional Use Permit 96-10 and Development Review 96-9. The main reason for the opposition is that the subject property is located in a residential zone which we feel should not be changed to another use. Resident / Property Owner Name (Printed) Signature Residence Address ( Number, Street) Diamond Bar, Ca 91765 1 PETITION AGAINST CONDITIONAL 1 96-10 AND DEVEOPMENT REVIEW 96-9 We, the undersigned resident / property owner within the 500 fo radius of the subject property within tract 42584 and owners wit; a 500 foot radius of exterior boundary of tract 42584 within the city limit of Diamond Bar, California, do hereby by signing thi. petition request the Planning Commission of the city of Diamon( Bar to reject the provision of state law and the city of Diamond I zoning code regarding Conditional Use Permit 96-10 and Development Review 96-9. The main reason for the opposition is that the subject property is located in a residential zone which we feel should not be chaneei to another use. . ?-/q v i" F) J � L, V-� VU Reside t -/-Property Owner Name (Printed) Signature r Residence Address ( Number, Street) Diamond Bar, Ca 91765 PETITION AGAINST CONDITIONAL USE PI 96-10 AND DEVEOPMENT REVIEW 96 - We, the undersigned resident / property owner within the 500 foot radius of the subject property within tract 42584 and owners within a 500 foot radius of exterior boundary of tract 42584 within the city limit of Diamond Bar, California, do hereby by signing this petition request the Planning Commission of the city of Diamond Bar to reject the provision of state law and the city of Diamond Bar zoning code regarding Conditional Use Permit 96-10 and Development Review 96-9. The main reason for the opposition is that the subject property is located in a residential zone which we feel should not be changed I- to another use. o�0 Uhf( Resident / Property Owner Name (Printed) Signature Residence Address {� umber, Street} Diamond Bar, Ca 91765 PETITION AGAINST CONDITIONAL USE 96-10 AND DEVEOPMENT REVIEW 96-9 We, the undersigned resident / property owner within the 500 f( radius of the subject property within tract 42584 and owners wi a 500 foot radius of exterior boundary of tract 42584 within the city lin-Lit of Diamond Bar, California, do hereby by signing the petition request the Planning Commission of the city of Diamor Bar to reject the provision of state law and the city of Diamond zoning code recyardincy Conditional Use Permit 96-10 and Development Review 96-9. The main reason for the opposition is that the subject property i located in a residential zone which we feel should not be chancy to another use. Ar, Z� Resident 1 Property Owner Name (Printed) Sicynature J/-/1 ",Z) /40 o ✓� Residence Address ( Number, Street) Diamond Bar, Ca 91765 of Is id 11010 PETITION AGAINST CONDITIONAL USE 96-10 AND DEVEOPMENT REVIEW 96-9 We, the undersigned resident / property owner within the 500 foot radius of the subject property within tract 42584 and owners within a 500 foot radius of exterior boundary of tract 42584 within the city limit of Diamond Bar, California, do hereby by signing this petition request the Planning Commission of the city of Diamond Bar to reject the provision of state law and the city of Diamond Bar zoning code regarding Conditional Use Permit 96-10 and Development Review 96-9. The main reason for the opposition is that the subject property is located in a residential zone which we feel should not be changed to another use. Resident / Property Owner Name (Printed) eE 7 Signature Residence Address ( Number, Street) Diamond Bar, Ca 91765 i PETITION AGAINST CONDITIONAL USE PE 96-10 AND DEVEOPMENT REVIEW 96-9 We, the undersigned resident 1 property owner within the 500 fc of radius of the subject property within tract 42584 and owners wi hin a 500 foot radius of exterior boundary of tract 42584 within the city limit of Diamond Bar, California, do hereby by signing th petition request the Planning Commission of the city of Diamor Bar to reject the provision of state law and the city of Diamond zoning code regarding Conditional Use Permit 96-10 and Development Review 96-9. The main reason for the opposition is that the subject property i located in a residential zone which we feel should not be chang to another use. Resident / Property Owner Name (Printed) Signature Residence Address'/( Number, Street) Diamond Bar, Ca 91765 ar PETITION AGAINST CONDITIONAL USE PERMIT 96-10 AND DEVEOPMENT REVIEW 96-9 We, the undersigned resident / property owner within the 500 foot radius of the subject property within tract 425$4 and owners within a 500 foot radius of exterior boundary of tract 42584 within the city limit of Diamond Bar, California, do hereby by signing this petition request the Planning Commission of the city of Diamond Bar to reject the provision of state law and the city of Diamond Bar zoning code regarding Conditional Use Permit 96-10 and Development Review 96-9. The main reason for the opposition is that the subject property is located in a residential zone which we feel should not be changed I- to another use. 'x/L Resident / Property Owner Name (Printed) ISianature u Residence Address ( Number, Street) %6 Diamond Bar, Ca 91765 PETITION AG ST CONDITIONAL USE PERMIT 96-10 AND DEVEOPMENT REVIEW 96-9 We, the undersigned resident / property owner within the 500 fc radius of the subject property within tract 42584 and owners wi a 500 foot radius of exterior boundary of tract 42584 within the city limit of Diamond Bar, California, do hereby by signing th petition request the Planning Commission of the city of Diamox Bar to reject the provision of state law and the city of Diamond zoning code regarding Conditional Use Permit 96-10 and Development Review 96-9. The main reason for the opposition is that the subject property located in a residential zone which we feel should not be chant to another use. 7, i Resident / Pro'erty Owner Name (Printed) Siq/nature Residence Address ( iilrber, Strekt Diamond Bar, Ca 91765 Is id Bar s PETITION AGAINST CONDITIONAL USE PERMIT 96-10 AND DEVEOPMENT REVIEW 96-9 We, the undersigned resident / property owner within the 500 foot radius of the subject property within tract 42584 and owners within a 500 foot radius of exterior boundary of tract 42584 within the city limit of Diamond Bar, California, do hereby by signing this petition request the Planning Commission of the city of Diamond Bar to reject the provision of state law and the city of Diamond Bar zoning code regarding Conditional Use Permit 96-10 and Development Review 96-9. The main reason for the opposition is that the subject property is located in a residential zone which we feel should not be changed to another use. Resident 1 Property Owner am= -(Printed) Signature Residence Address ( Number, Street) Diamond Bar, Ca 91765 PETITION AGAINST CONDITION 96-10 AND DEVEOPMENT REVIEW 96-9 A We, the undersigned resident / property owner within the 500 foo radius of the subject property within tract 42584 and owners wi h a 500 foot radius of exterior boundary of tract 42584 within the city limit of Diamond Bar, California, do hereby by signing th s petition request the Planning Commission of the city of Diamond Bar to reject the provision of state law and the city of Diamond B zoning code regarding Conditional Use Permit 96-10 and Development Review 96-9. The main reason for the opposition is that the subject property located in a residential zone which we feel should not be chan to another use. 1 r 1 ` 5 Resident / Property Owner .Name (Printed) Signature Residence Address ( Number, Street) Diamond Bar, Ca 91765 t ar no a PETITION AGAINST CONDITIONAL USE PEI 96-10 AND DEVEOPMENT REVIEW 96-9 We, the undersigned resident / property owner within the 500 foot radius of the subject property within tract 42584 and owners within a 500 foot radius of exterior boundary of tract 42584 within the city limit of Diamond Bar, California, do hereby by signing this petition request the Planning Commission of the city of Diamond Bar to reject the provision of state law and the city of Diamond Bar zoning code regarding Conditional Use Permit 96-10 and Development Review 96-9. The main reason for the opposition is that the subject property is located in a residential zone which we feel should not be changed to another use. N,�.�i ismer/��,E Resident 1 Property Owner Name (Printed) Signature Residence Address ( Number, Street) Diamond Bar, Ca 91765 PETITION AGAINST CONDITIONAL USE PERK 96-10 AND DEVEOPMENT REVIEW 96-9 We, the undersigned resident / property owner within the 500 fc radius of the subject property within tract 42584 and owners wit a 500 foot radius of exterior boundary of tract 42584 within the city limit of Diamond Bar, California, do hereby by signing thi petition request the Planning Commission of the city of Diamon Bar to reject the provision of state law and the city of Diamond zoning code regarding Conditional Use Permit 96-10 and Development Review 96-9. The main reason for the opposition is that the subject property is located in a residential zone which we feel should not be change to another use. Resident / Property Owner Name (Printed) Signature ./-/4 �;- C "I�P i c -2v le- . Residence Address ( Number, Street) Diamond Bar, Ca 91765 a PRTITION AGAINST CONDITION 96-10 AND DEVEOPMENT REVIEW 96-9 We, the undersigned resident 1 property owner within the 500 foot radius of the subject property within tract 42584 and owners within a 500 foot radius of exterior boundary of tract 42584 within the city limit of Diamond Bar, California, do hereby by signing this petition request the Planning Commission of the city of Diamond Bar to reject the provision of state law and the city of Diamond Bar zoning code regarding Conditional Use Permit 96-10 and Development Review 96-9. The main reason for the opposition is that the subject property is located in a residential zone which we feel should not be changed to another use. Resident / Property Owner Name (Printed) Signature Residence Address ( Number, Street) f Diamond Bar, Ca 91765 PETITION AGA] >T CONDITIONAL 96-10 AND DEVELOPMENT REVIEW 96-9 The subject discussed is the co -location of an unmanned, wirele telecommunications transmission facilities/ antennas in our residential neighborhood. We, the undersigned resident / property owner within the 500 fc of radius of the subject property within Tract 42584 and owners within a 500 foot radius of exterior boundaries of Tract 42584 within the city limit of Diamond Bar, California, do hereby by signing this petition request the Planning Commission of the cit of Diamond Bar to reject the provision of state law and the city of Diamond Bar zoning code regarding Conditional Use Permit 96-10 and Development Review 96-9. The main reason for the opposition is that the subject property located in a residential zone which we feel should not be chan to another use. Resident l Property Own6r Name (Printed) '_S _nature Residence Address ( Number, Street) Diamond Bar, Ca 91765 F PETITION A 0 AINST COND x-10 AND DEVELOP ONAL USE PER 'T REVIEW 96-9 The subject discussed is the co -location of an unmanned, wireless telecommunications transmission facilities/ antennas in our - residential neighborhood. We, the undersigned resident / property owner within the 500 foot radius of the subject property within Tract 42584 and owners within a 500 foot radius of exterior boundaries of Tract 42584 within the city limit of Diamond Bar, California, do hereby by signing this petition request the Planning Commission of the city of Diamond Bar to reject the provision of state law and the city of Diamond Bar zoning code regarding Conditional Use Permit 96-10 and Development Review 96-9. The main reason for the opposition is that the subject property is located in a residential zone which we feel should not be changed to another use. Resident / Property Owner �ame (Printed) S L -nature Residence Address ( Number, Street) Diamond Bar, Ca 91765 PETITION AGAINST CONDITIONAL USE 96-10 AND DEVEOPMENT REVIEW 96-9 We, the undersigned resident / property owner within the 500 foot radius of the subject property within tract 42584 and owners wi hi a 500 foot radius of exterior boundary of tract 42584 within the city limit of Diamond Bar, California, do hereby by signing the petition request the Planning Commission of the city of Diamor Bar to reject the provision of state law and the city of Diamond zoning code regarding Conditional Use Permit 96-10 and Development Review 96-9. The main reason for the opposition is that the subject property located in a residential zone which we feel should not be chan to another use. t 2 Resident / Property Owner Name (Printed) S -i nature -� Z7Z Residence Address ( Number, Street) Diamond Bar, Ca 91765 PETITION M 6-10 AINST CONDITIONAL USE PERMIT D DEVEOPMENT REVIEW 96-9 We, the undersigned resident / property owner within the 500 foot radius of the subject property within tract 42584 and owners within a 500 foot radius of exterior boundary of tract 42584 within the city limit of Diamond Bar, California, do hereby by signing this petition request the Planning Commission of the city of Diamond Bar to reject the provision of state law and the city of Diamond Bar zoning code regarding Conditional Use Permit 96-10 Development Review 96-9. The main reason for the opposition is that the subject property is located in a residential zone which we feel should not be changed to anod-ler use. /�� _. Resident 1 Property Owner Name (Printed) Signature Residence Address ( Number, Street) Diamond Bar, Ca 91765 PETITION AGAINST CONDITIONAL USE PE 96-10 AND DEVEOPMENT REVIEW 96-9 We, the undersigned resident / property owner within the 500 fc radius of the subject property within tract 42584 and owners wit a 500 foot radius of exterior boundary of tract 42584 within the city limit of Diamond Bar, California, do hereby by signing thi petition request the Planning Commission of the city of Diamon Bar to reject the provision of state law and the city of Diamond zoning code regarding Conditional Use Permit 96-10 and Development Review 96-9. The main reason for the opposition is that the subject property i! located in a residential zone which we feel should not be change to another use. 14f Z7 /W 113 Resident / Property Owner Name (Printed)- ��� / rrii&��1�ltl S i anature Residence Address ( Number, Street) Diamond Bar, Ca 91765 ar PETITION AGAINST CONDITIONAL USE PEI 96-10 AND DEVEOPMENT REVIEW 96-9 We, the undersigned resident / property owner within the 500 foot radius of the subject property within tract 42584 and owners within a 500 foot radius of exterior boundary of tract 42584 within the city limit of Diamond Bar, California, do hereby by signing this petition request the Planning Commission of the city of Diamond Bar to reject the provision of state law and the city of Diamond Bar zoning code regarding Conditional Use Permit 96=10 and Development Review 96-9. The main reason for the opposition is that the subject property is located in a residential zone which we feel should not be changed to another use. Resident / Property Owner Name (Printed) Sianature Residence Address ( Number, Stree Diamond Bar, Ca 91765 PETITION AGAINST CONDITIONAL USE PE IT 96-10 AND DEVEOPMENT REVIEW 96-9 We, the undersigned resident / property owner within the 500 f o radius of the subject property within tract 42554 and owners wi h a 500 foot radius of exterior boundary of tract 42584 within the city limit of Diamond Bar, California, do hereby by signing th s petition request the Planning Commission of the city of Diamor d Bar to reject the provision of state law and the city of Diamond zoning code regarding Conditional Use Permit 96-10 and Development Review 96-9. The main reason for the opposition is that the subject property i located in a residential zone which we feel should not be chang to another use. 6DC�JC Resident / Property Owner Name (Printed) Signature Residence Address ( Number, Street) Diamond Bar, Ca 91765 t M PETITION AGAINST CONDITIONAL USE PEI 96-10 AND DEVEOPMENT REVIEW 96-9 We, the undersigned resident / property owner within the 500 foot radius of the subject property within tract 42584 and owners within a 500 foot radius of exterior boundary of tract 42584 within the city limit of Diamond Bar, California, do hereby by signing this petition request the Planning Commission of the city of Diamond Bar to reject the provision of state law and the city of Diamond Bar zoning code regarding Conditional Use Permit 96-10 and Development Review 96-9. The main reason for the opposition is that the subject property is located in a residential zone which we feel should not be changed to another use. Resident / Property Owner Name (Printed) Signature Residence Address ( Number, Street) Diamond Bar, Ca 91765 PETITION AGAINST CONDITIONAL USE 96-10 AND DEVEOPMENT REVIEW 96-9 We, the undersigned resident / property owner within the 500 fc radius of the subject property within tract 42584 and owners wi a 500 foot radius of exterior boundary of tract 42584 within the city limit of Diamond Bar, California, do hereby by signing the petition request the Planning Commission of the city of Diamor Bar to reject the provision of state law and the city of Diamond zoning code regarding Conditional Use Permit 96-10 and Development Review 96-9. The main reason for the opposition is that the subject property i! located in a residential zone which we feel should not be chanaf to another use. Resident / Property Owner Name (Printed) Si mature Residence Address ( Number, Street) Diamond Bar, Ca 91765 ar PETITION AGAINST CONDITIONAL USE PERMIT 96 -IO AND DEVEOPMENT REVIEW 96-9 We, the undersigned resident I property owner within the 500 foot radius of the subject property within tract 42584 and owners within a 500 foot radius of exterior boundary of tract 42584 within the city limit of Diamond Bar, California, do hereby by signing this petition request the Planning Commission of the city of Diamond Bar Bar to reject the provision of state law and the city of Diamond zoning code regarding Conditional Use Permit 96-10 and Development Review 96-9. erty is The main reason for the opposition is that the subje pr located located in a residential zone which we feel should not be to another use. Resident /Property Owner Name (Printed) Signature Residence Address ( Number, Street) Diamond Bar, Ca 91765 PETITION AGAINST CONDITIONAL USE PERA 96-10 AND DEVEOPMENT REVIEW 96-9 We, the undersigned resident / property owner within the 500 radius of the subject property within tract 42584 and owners v a 500 foot radius of exterior boundary of tract 42584 within t city limit of Diamond Bar, California, do hereby by signing i petition request the Planning Commission of the city of Diami Bar to reject the provision of state law and the city of Diamon zoning code regarding Conditional Use Permit 96-10 and Development Review 96-9. thin Is id Bar The main reason for the opposition is that the subject propertys located in a residential zone which we feel should not be chap e to another use. w -t E rS Resident / Property Owner Name (Printed) Signature ,2(,'1-7(z- -r /L E -f- Residence Address ( Number, Street) Diamond Bar, Ca 91765 PETITION AGAINST CONDITIONAL USE PERMIT 96-10 AND DEVEOPMENT REVIEW 96-9 We, the undersigned resident 1 property owner within the 500 foot radius of the subject property within tract 42584 and owners within a 500 foot radius of exterior boundary of tract 42584 within the city limit of Diamond Bar, California, do hereby by signing this petition request the Planning Commission of the city of Dnd om d Bar Bar to reject the provision of state law and the city of D zoning code regarding Conditional Use Permit 96-10 and Development Review 96-9. The main reason for the opposition is that the subject property is located in a residential zone which we feel should not be changed to another use. Resident I Property Owner Name (Printed) Signature will I Residence Address ( Number, Str et) Diamond Bar, Ca 91765 PETITION AGAINST C INDITIONAL USE PERN�IT 96-10 AND DEVEOPMENT REVIEW 96-9 We, the undersigned resident 1 property owner within the 500 foot radius of the subject property within tract 42584 and owners wi hin a 500 foot radius of exterior boundary of tract 42584 within the city limit of Diamond Bar, California, do hereby by signing this petition request the Planning Commission of the city of Diamond Bar to reject the provision of state law and the city of Diamond Bar zoning code regarding Conditional Use Permit 96-10 and Development Review 96-9. The main reason for the opposition is that the subject property located in a residential zone which we feel should not be chap, to another use. f� Resident,/ Property Owner Name (Printed) Signature Residence Address ( Number, Street) Diamond Bar, Ca 91765 PETITION AGAINST CONDITIONAL USE PERMIT 96-10 AND DEVEOPMENT REVIEW 96-9 We, the undersigned resident / property owner within the 500 foot radius of the subject property within tract 42584 and owners within a 500 foot radius of exterior boundary of tract 42584 within the city limit of Diamond Bar, California, do hereby by signing this petition request the Planning Commission of the city of Diamond Bar to reject the provision of state law and the city of Diamond Bar zoning code reaardina Conditional Use Permit 96-10 and Development Review 96-9. The main reason for the opposition is that the subject property is located in a residential zone which we feel should not be changed to another use. J � Resident / Property Owner Name (Printed) S i Qnature Residence Address ( Number, Street) Diamond Bar, Ca 91765 PETITION AGAINST )NDITIONAL USE V 9610 AND DEVEOPMENT REVIEW 96-9 We, the undersigned resident / property owner within the 500 foot radius of the subject property within tract 42584 and owners within a 500 foot radius of exterior boundary of tract 42584 within the city limit of Diamond Bar, California, do hereby by signincy t s petition request the Planning Commission of the city of Diamoiid Bar to reject the provision of state law and the city of Diamond Bar zoning code retarding Conditional Use Permit 96-10 and Development Review 96-9. The main reason for the opposition is that the subject property s located in a residential zone which we feel should not be changed to another use. Resident / Property Owner Name (Printed) S i anature Residence Address ( Number, Street) Diamond Bar, Ca 91765 _C V, PETITION AGAINST CONDITIONAL USE PERMIT 96-10 AND DEVEOPMENT REVIEW 96-9 We, the undersigned resident / property owner within the 500 foot radius of the subject property within tract 42584 and owners within a 500 foot radius of exterior boundary of tract 42584 within the city limit of Diamond Bar, California, do hereby by signing this petition request the Planning Commission of the city of Diamond Bar to reject the provision of state law and the city of Diamond Bar zoning code regarding Conditional Use Permit 96-10 and Development Review 96-9. The main reason for the opposition is that the subject property is located in a residential zone which we feel should not be changed to another use. Resident /Property ; wn Na e (Printed) Signature Residence Address ( Number, Street) Diamond Bar, Ca 91765 PETITION AGAINST CONDITIONAL USE 96-10 AND DEVEOPMENT REVIEW 96-9 We, the undersigned resident 1 property owner within the 500 foot radius of the subject property within tract 42584 and owners within a 500 foot radius of exterior boundary of tract 42584 within the city limit of Diamond Bar, California, do hereby by signing this petition request the Planning Commission of the city of Diamor d Bar to reject the provision of state law and the city of Diamond Bar zoning code regarding Conditional Use Permit 96-10 and Development Review 96-9. The main reason for the opposition is that the subject property 1 located in a residential zone which we feel should not be chang to another use. Resident / Prope�ty Owner N me (Printt4 J Signat re Residence Address ( Number, Street) Diamond Bar, Ca 91765 PETITI 96-10 AND DEVEOPMENT REVIEW 96-9 )N AGAINST CONDITIONAL USE PE We, the undersigned resident / property owner within the 500 foot radius of the subject property within tract 42584 and owners within a 500 foot radius of exterior boundary of tract 42584 within the city limit of Diamond Bar, California, do hereby by signing this petition request the Planning Commission of the city of Diamond Bar to reject the provision of state law and the city of Diamond Bar zoning code regarding Conditional Use Permit 96-10 and Development Review 96-9. The main reason for the opposition is that the subject property is located in a residential zone which we feel should not be changed to another use. Resident / Property Owner Name (Printed) �J Signature Residence Address ( Number, Street) Diamond Bar, Ca 91765 PETITION AGAINST CONDITION �,L USE PERK 96-10 AND DEVEOPMENT REVIEW 96-9 We, the undersigned resident / property owner within the 500 f c radius of the subject property within tract 42584 and owners wil b a 500 foot radius of exterior boundary of tract 42584 within the city limit of Diamond Bar, California, do hereby by signing th s petition request the Planning Commission of the city of Diamorid Bar to reject the provision of state law and the city of Diamond zoning code regarding Conditional Use Permit 96-10 and Development Review 96-9. The main reason for the opposition is that the subject property i located in a residential zone which we feel should not be chane to another use. Resident / Property Owner Name (Printed) Signature Residence Address ( Number, Street) Diamond Bar, Ca 91765 in ar PETITION AGAINST CONDITIONAL U 96-10 AND DEVEOPMENT REVIEW 96-9 We, the undersigned resident / property owner within the 500 foot radius of the subject property within tract 42584 and owners within a 500 foot radius of exterior boundary of tract 42584 within the city limit of Diamond Bar, California, do hereby by signing this petition request the Planning Commission of the city of Diamond Bar to reject the provision of state law and the city of Diamond Bar zoning code regarding Conditional Use Permit 96-10 and Development Review 96-9. The main reason for the opposition is that the subject property is located in a residential zone which we feel should not be changed to another use. Resident / Property Owner Name (Printed) Signature Residence Address ( Number, Street) Diamond Bar, Ca 91765 CITY OF DIAMOND BAR MEMORANDUM TO: Mayor and City Council Members VIA: Terrence L. Belanger, City Manager FROM: James DeStefano, Community Development Dir SUBJECT: CONSIDERATION OF AN ORDINANCE ESTABLISHING AFORA LAND USE ENTITLEMENTS FOR WIRELESS TELECOmMUN CAT FACILITIES (continued from June 3, 1997) DATE: June 11, 1997 BACKGROUND: On May 6, 1997 the City Council directed the preparation of urgency ordinance establishing a moratorium on the issuance Permits for wireless telecommunication facilities. On May the City Council received public testimony, discussed the p and continued the matter to June 3, 1997 The June 3, 1997 discussion was postponed to June 17, 1997. The issue befor City Council is whether or not to enact the proposed ordina: DISCUSSION: There are presently seventeen wireless communication facili constructed or approved within the City. Two applications pending to upgrade or expand facilities at existing sites Hotel, Torito Lane office building). Development applicati in process for proposed facilities at two new locations (Da Drive, Peterson Park). In addition, Metricom has submitted proposal to utilize existing street light poles for a wirel communications service. Inquires and applications continue regarding the siting of w telecommunications facilities within the City of Diamond Bar City does not presently have coordinated or detailed require responding to issues related to the placement, location, and of such facilities. Project applications are reviewed on a case basis. All applications for wireless telecommunication facilities require Development Review approval and most requ Conditional Use Permit approval, however, there are no stan guidelines responding to this rapidly growing land use. The currently in the process of preparing a comprehensive Develo� Code, scheduled for adoption in December 1997, which will ins regulations addressing the placement of these facilities. T; proposed UM ON a draft of 0, 1997 oposal, the ce. ies re adisson ns are rin s data reless The ents design ase by re ards or City is ment lude CITY OF DIAMOND BAR AGENDA REPORT AGENDA N0. 7,"-- TO: ,L TO: Terrence L. Belanger, City Manager MEETING DATE: June 17, 1997 REPORT DATE: June 11, 1997 FROM: James DeStefano, Community Development Director TITLE: CONSIDERATION OF AN ORDINANCE ESTABLISHING A MORATORIUM ON LAND USE ENTITLEMENTS FOR WIRELESS TELECOMMUNICATION FACILITIES 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. On May 20, 1997 the City Council received public testimony, discussed the proposal, and continued the matter to June 3, 1997. The issue before the City Council is whether or not to enact the proposed ordinance. (Continued from June 3, 1997 ) RECOMMENDATION: It is recommended that the City Council consider adoption of 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) . Ordinance(s) Other. (see staff report attachmenis_ _ Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed �. Yes _ No by the City Attorney? 2. Does the report require a majority vote? 415 3. Has environmental impact been assessed? X Yes No 4. Has the report been reviewed by a Commission? _ Yes X No Which Commission? 5. Are other departments affected by the report? — Yes X No Report discussed with the following affected departments: REVIEWED BY: DEPARTMENT HEAD: r Terrence L. glanger Frank M. Us r J4s DeStefano City Manager Assistant City Manager Community DeveloprrWnt Director GRDINANCE NO. AN ORDINANCg OF THE CITY OF ON LAND U58 ENTI DIAMOND &" ESTABLISHING A TLE"NTS FOR WIRELESS CO�ICATION M RATORIL':�i AND DECLXRZNG :HE URGENCY THEggoF Fa C ZL.1TrES 7" CITY c0UNCIL of m CITY OF DIAXOND am DOES HEREbY FOLLOWS: and develoA. Wireless telocosm for w p q technology that hasiletions is a rapidly q; ireless cOMunication towers led to a significant d, and facilities Within the Cit antennas presently. There are Y a! Diamond h�rrelated equij seventeen wireless telecommunication facilities constructed or approved wit both monopole facilities and hin n the the City Of Diamond cunted�facilities, in g• The city presently requires approval for eve quires development rev In addition condition., wireless wireless ca Permit a telecommunication fac mmunication facility aPPlipcasions3s required fo zoricultural, Residential, and certain Commercial with, zonas. Wireless teleco Permitted b mmnnication facilities and towers ai zone. Y right within the Restricted Hoa rl4ujate andicontrol the to atiodoes not have n detailed s andards;tourer facilities, placement p�rc and design o! C. Due to evolving tachnolo regulations in the wiraisss communicationsa d changes in fe for now and modified wireless communication continue to occur and facilities Proliferate Within the near future, resulted D. Evolvinq technology and a in continuing changes aadaptationstinnt needs hl Ppearance of wireless communication facilities, and'thoa�� circ stances haus created a need to coamsunication facilities that are ant Stupatedeto be their imM� on the eoamunitosed YDe Of vire] these facilities Y. and to finer determine ho, the public health, s best be regulated and controlled to pre current Stats and 'ysafety' and welfare within the adoral laws and regulations, limits o! e Ot Plan is toassureas appropriate stated ppropriate balance of 1 the Diamox Bar G°1 respect to the location, intensity and land uses with the adoption of this ordinance will serve toty Ofde eloPmeni L : \VOt 1\fj WWMUj wAIN AS awing Stand Stent :ILadinc, ew lity. all n trial. St )erl y Such ve and and oral Memorandum to the Mayor and City Council June 11, 1997 page 2 interim ordinance telecommunication amendments to the effective. would guide the development of wireless facilities for the City until such time as existing Zoning Ordinance are adopted and The proposed interim ordinance, as crafted, would prohibit consideration of all four pending aplications and any new proposal 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 five 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 TB/JDS:dbm - Proposed Urgency Ordinance - Wireless Telecommunication Facilities Map appiication, Permit or entitlement; and no building, stru ture, or facility shall be constructed, reconstructed, astablis ed, greeted or placed during the term of the moratorium dacla ed in Section 2 hereof. For purposes of this Ordinance, a �@wir leas communication facilityn is defined as a structure that au orts commercial antannae, microwave dishes and/or other relat equipment that sends and/or receives radio frequency Signa s whether mounted on the ground or on any portion of a sture Oz buildinq. ru 5ectio� 4. The moratorium or limit tion Arovided for in Sections 2 and 3�hereof shall not ba appli able to any of the following: (a) Repairs or maintenance of existing atru t or facilities within the original footprint of t a existing facilities and which do not increase th facility sine or height; (b) Establishment or construction of facilities for which final approval vas received b commission or the community DevelopmentY the Pla inq effective prior to the effective fDires or and ordinance] (c) Minor modifications to an existing structure or facility required by law to be constructed in order for the structure or facility to comply with applicable fire, building or other safety requirements. Nothing contained in this section shall exempt o 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 Sar. In the event that work is permitted to proceed under the terms of this Ordinance, all required permits shall be posted on site. this OrdinZV"19 -2- applicatioo-,to f any part or provisi is held invalid, the remainder of the Ordinance, including or s application of such part or provision to other persons or circumstances, shall not be effected and shall continue in force and effect. To this and, the provisions of this Ordi. are severable. Sar -tion is. may. violation of any provision this Ordinance shall constitute a misdemeanor and shall be Punishable by a fine not to exceed $1,000 or by isprisonmen+ County jail for not to exceed six (5) months, or by both sus fine and imprisonment. Each and every day such a violation exists shall constitute a separate and distinct violation 01 Ordinance. In addition to the foregoing, any violation of 1 -3- L AVM 11Md\09WftAT . of 11 in this is the achievement of :his goal General plan; as w*ll as other goals of the F• Based on the statements cited Council believes that the current zoning re aatio the City provide sufficient standards to properly9 gvlations do not wireless c�nication facilitie; ndatlate and control exists to develop a now comprehensive ordinanceto ensure thatess and scraecommunication facilities arenod, and that Properly designed dconstruction Properconditions are placed an' operation t , such the modified wireless ncommunican Of tion further applications for now or Of such an ordinance could result facilities n Prior to P otherwise be avoided negative impacts thadoption therefore consider;tion of furs effectively mitigated, and might discontinued until such time a further ttancs isoado be Er. adopted; Council finds Basad on the statements cited above, the City and construction aabsence Of wirelessncommu icatof controls on immediate threat to the facilities the design Public health, sale Poses an that the es would l resut or new and modified wireless commmlunican' facilities would result in that wireless and welfare, and safety, and welfare; threat to the public health, ion 1• 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 communication an interim Section 8g8s8anca pursuant to the provisions of Government Code effect onlyisucht is intended that this moratoriums remain in may be Studied, derodeand ad.pteOther d.rm'"ont zoning measures provided fn Saction•4 hereof, Ad Except as otherwise Di declares a moratorium on ths�i suanc�yo! builad#nd Har hereby grading permits, conditional us• ng,permits, changes, and any other development 0* variances;, zone the ease, development or Modificationoofiwirelleessncomaunicationr facilities within the City. providedIn 3eeHaraterium defined. Except as otherwise or Cods of t City 4 hereof, notwithatandinq any other ordinance Of Diamond Har, no application for a building permit, grsdinq permit, demolition permit, variance, =ons Permit, conditional use or sntitl�nt'for estabic iishssent�vasvalopmeent at�y'=eor othbr modification of wireless communication facilities mor be permit accepted, processed or issuedt no envfror>aseental assessment, environmental impact report, no declaration or categorical exemption shall be prepared in connection with any such L:140L1Vy\owjMAT -2- Ordinance shall constitute a public nuisance and shall b 4 S to abatement as provided by all applicable provisions of 1'atlb7ect 3w, Stiction 7. St ateMent of BUKROS As set forth in the findings contained in Section 1 abov n the City of Diamond Bar intends to Conduct studies forthwith as to appropriate standards and regulations governing wireless communication facilities, and, if appropriate, to prepare and adopt amendments to the zoning ordinance regardinq same. Pending such studies, and the preparation and adoption of the amended zoning regulations, it is necessary for the immediate preservation of the public peace, health, safety and welfare that no nov or expanded wireless communication facilities be constructed or developed and that this ordinance take off immediately. ct If this ordinance does not take effect immedi teiy, wireless communication facilities will be undertaken whit may be in conflict with the zoning regulations which are to b• s udied and adopted as above mentioned, incompatible with propose uses of adjacent property, and detrimental to the proper plann'ng of the community. Due to the foregoing circumstances, there is a current and immediate threat to the public health, safety, and welfare. The approval of additional land use permits, variances, building, grading or demolition permits, or any other applicable entitlement for construction or modification of wireless communication facilities would result in a threat to theubiic health, safety, and welfare. Therefore, it is necessary or the preservation of the public peace, health, safety and wolf re that this ordinance take effect immediately. This ordinance i an interim ordinance and shall expire forty-five (45) days a ter the adoption thereof unless extended pursuant to the provisic s of Section 65858 of the Government Code. This is an interim measure, adopted pursuant to the authorization of state law in order to maintain the status pending the completion of the studies and adoption of ams dedo zoning regulations, or sooner. It is not a final disposition as to development of any particular parcel of property withig the City. PALS5801 APPROVED AND ADOPTED this day of , 1997. ATTEST: CITY CLERK -4- l: %WQL1 NXJ%Ae1=T MAYOR 07AL P.35 FILE No. 044 07/01 '97 16:12 ID: PAGE 2 JUL. -01' 97 (TUE) 14:33 TEL:5529811675 P. 00i Consulting Group, Inc. TELFf,0MMUNi('iil 1t -%KS July 1, 1997 Mr. Bob Huff, Mayor and Council Members City of Diamond Bar 21660 East Coply Drive, Suite 100 Diamond Bar, CA 91763-4177 Re: Continued 14+MeLting on Council Review of C p 96-10 and DR 96-9 Telecommunication Facility 24401 Darrin Drive Dear Honorable Mayor and Council Members: This is a request of the City Council of the. City of Diamond Bar to continue the public hearing on Planning Commission Resolution Number 97-6 approving Conditional Use Permit (CUP) No. 96.10 and Development Review CDR) No. 96-9 for a wireless talecornmstnication facility at the property at 24410 Darrin Drive, Diamond Bar, CA in an R-1 zone. The reason for the continuance is to permit the `co applicants` additional time to respond to the latest questions of the City Council. Thank you. Sin're'u 1 M uez, Senior Planner cc; J. Mr -Haddad, Caraway for PBMS R. Lingle, Cox/Sprint LemgBLacholfira:i16CIKisovAirp—Way,tiuiw44C • Lum..,B-nh,Clhfl-041938Cb-Trlejvhrnci(96Z) til -3666 fid (`5?i98 3fEicco lot5 scstc. S:En Fnt c aco, San J,� , Sanm Potshard, lrvint f srl,had olid Sna C i *,N FILE No. 044 07/01 '97 16:11 ID: Fax Memo Pages 2 Date: July 1, 1997 To: Jaynes DeStefano Planning Director City of Diamond Isar Pax: 9091861-3117 From: Kristi Wright for Jeffrey McHaddad Government Relations Director/Land Use ,Planning Manager u Phone: 3101342-1658 Fax: 31.01342-1615 `— Re: Continuance Notice Deliver to the above mention party as soon as possible! PAGE 1 PETITION AGAINST CONDITIONAL US 96-10 AND DEVEOPMENT REVIEW 96-9 We, the undersigned resident / property owner within the 500 foot radius of the subject property within tract 42584 and owners within a 500 foot radius of exterior boundary of tract 42584 within the city limit of Diamond Bar, California, do hereby by signing this petition request the Planning Commission of the city of Diamond Bar to reject the provision of state law and the city of DiamondBar zoning code regarding Conditional Use Permit 96-10 and Development Review 96-9. The main reason for the opposition is that the subject property i located in a residential zone which we feel should not be chang to another use. Resident / Property Owner Name (Printed) 'Sic,nature - Residence Address ( Number, Street) Diamond Bar, Ca 91765 PETITION AGAINST CONDITIONAL USE PERMIT 96-10 AND DEVEOPMENT REVIEW 96-9 We, the undersigned resident / property owner within the 500 foot radius of the subject property within tract 42584 and owners within a 500 foot radius of exterior boundary of tract 42584 within the city limit of Diamond Bar, California, do hereby by signing this petition request the Planning Commission of the city of Diamond Bar to reject the provision of state law and the city of Diamond.Bar zoning code regardina Conditional Use Permit 96--10 and Development Review 96-9. The main reason for the opposition is that the subject property is located in a residential zone which we feel should not be changed to another use. !% Resident 1 Property Owner Name (Printed) Signature �l rL t Residence Address ( Number, Street)' Diamond Bar, Ca 91765 ETITION AGAINST CONDITIONAL US 96-10 AND DEVEOPMENT REVIEW 96-9 We, the undersigned resident I property owner within the 500 radius of the subject property within tract 42584 and owners a 500 foot radius of exterior boundary of tract 42584 within 1 city limit of Diamond Bar, California, do hereby by signing petition request the Planning Commission of the city of Diam Bar to reject the provision of state law and the city of Diamox zoning code regarding Conditional Use Permit 96-10 and Development Review 96-9. The main reason for the opposition is that the subject property i located in a residential zone which we feel should not be chap to another use. S -. Resident / Property Owner Name (Printed) Signature f Residence Address ( Number, Street) Diamond Bar, Ca 91765 is id Bar ON 1❑ 96-10 AND DEVEOPMENT REVIEW 96-9 We, the undersigned resident / property owner within the 500 foot radius of the subject property within tract 42584 and owners within a 500 foot radius of exterior boundary of tract 42584 within the city limit of Diamond Bar, California, do hereby by signing this petition request the Planning Commission of the city of Diamond Bar to reject the provision of state law and the city of Diamond Bar tional Use Permit 96-10 and zoning code regarding Condi Development Review 96-9. The main reason for the opposition is that the subject property is located in a residential zone which we feel should not be changed to another use. Resident I Property Owner Name (Printed) Signature Residence Address ( Number, Street) Diamond Bar, Ca 91765 PETITION A ►J 96-10 AND DEVEOPMENT REVIEW 96-9 We, the undersigned resident 1 property owner within the 500 fc radius of the subject property within tract 42584 and owners wi a 500 foot radius of exterior boundary of tract 42584 within the city limit of Diamond Bar, California, do hereby by signing this petition request the Planning Commission of the city of Diamond Bar to reject the provision of state law and the city of Diamond Bar zoning code regarding Conditional Use Permit 96-10 and Development Review 96-9. The main reason for the opposition is that the subject property is located in a residential zone which we feel should not be chang d to another use. Resident I Property Owner Name (Printed) Signature Residence Address ( Number, Street) Diamond Bar, Ca 91765 PETITION AGAINST CONDITIONAL USE PERMIT 96-10 AND DEVEOPMENT REVIEW 96-9 We, the undersigned resident / property owner within the 500 foot radius of the subject property within tract 42584 and owners within a 500 foot radius of exterior boundary of tract 42584 within the city limit of Diamond Bar, California, do hereby by signing this petition request the Planning Commission of the city of Diamond Bar to reject the provision of state law and the city of Diamond Bar zoning code regarding Conditional Use Permit 96-10 and Development Review 96--9. The main reason for the opposition is that the subject property is located in a residential zone which we feel should not be changed to another use. �tl Resioperty Owner Name (Printed) Signature - 3 c ..,j Q,12 Residence Address ( Number, Street) Diamond Bar, Ca 91765 PETITION AGAINST CONDITIONAL USE PE 96-10 AND DEVEOPMENT REVIEW 96-9 We, the undersigned resident / property owner within the 500 radius of the subject property within tract 42584 and owners i a 500 foot radius of exterior boundary of tract 42584 within t city limit of Diamond Bar, California, do hereby by sinning petition request the Planning Commission of the city of Diam Bar to reject the provision of state law and the city of Diamor zoning code regarding Conditional Use Permit 96-10 and Development Review 96-9. thin Rod The main reason for the opposition is that the subject property is located in a residential zone which we feel should not be changed to another use. / Property Owner Name (Printed) signature Residence Address ( Number, Street) Diamond Bar, Ca 91765 PETITION AGAINST CONDITIONAL USE PERMIT 96-10 AND DEVEOPMENT REVIEW 96-9 We, the undersigned resident f property owner within the 500 foot radius of the subject property within tract 42584 and owners within a 500 foot radius of exterior boundary of tract 42584 within the city limit of Diamond Bar, California, do hereby by signing this petition request the Planning Commission of the city of Diamond Bar to reject the provision of state law and the city of Diamond Bar zoning code regarding Conditional Use Permit 96-10 and Development Review 96--9. The main reason for the opposition is that the subject property is located in a residential zone which we feel should not be changed to another use. Resident l Property Owner Name (Printed) SiLynature .3y2 - Residence Address ( Number, Street) Diamond Bar, Ca 91765 PETITION A ONDITIONAD USE 96-10 AND DEVEOPMENT REVIEW 96-9 We, the undersigned resident / property owner within the 500 foot radius of the subject property within tract 42584 and owners wi hin a 500 foot radius of exterior boundary of tract 42554 within the city limit of Diamond Bar, California, do hereby by signing th s petition request the Planning Commission of the city of Diamor d Bar to reject the provision of state law and the city of Diamond Bar zoning code regarding Conditional Use Permit 96-10 and Development Review 96-9. The main reason for the opposition is that the subject property i located in a residential zone which we feel should not be chang to another use. Resident / Property Owner Name (Printed) . r Sianature "6 Residence Address ( Number, Street) a. _ Diamond Bar, Ca 91765 PETITION AGAINST CONDITIONAL USE PERMIT 96-10 AND DEVEOPMENT REVIEW 96-9 We, the undersigned resident f property owner within the 500 foot radius of the subject property within tract 42584 and owners within a 500 foot radius of exterior boundary of tract 42584 within the city limit of Diamond Bar, California, do hereby by signing this petition request the Planning Commission of the city of Diamond Bar to reject the provision of state law and the city of Diamond Bar zoning code regarding Conditional Use Permit 96-10 and Development Review 96-9. The main reason for the opposition is that the subject property is located in a residential zone which we feel should not be changed to another use. Resident l Prop rty Owner Name (Printed) Signature a Residence Address ( Number, Street) Diamond Bar, Ca 91765 r PETITION AG 96-I0 AND DEVEOPMENT REVIEW 96-9 We, the undersigned resident / property owner within the 500 f radius of the subject property within tract 42584 and owners wi a 500 foot radius of exterior boundary of tract 42584 within th city limit of Diamond Bar, California, do hereby by signing th petition request the Planning Commission of the city of Diamo Bar to reject the provision of state law and the city of Diamond zoning code regarding Conditional Use Permit 96-10 and Development Review 96-9. s The main reason for the opposition is that the subject property f s located in a residential zone which we feel should not be changed to another use. Resident / Property Owner Name (Printed) Signature j S Residence Address ( Number, Street) �. = Diamond Bar, Ca 91765 PETITION AGAINST CONDITIONAL USE PERMIT 96-10 AND DEVEOPMENT REVIEW 96-9 We, the undersigned resident / property owner within the 500 foot radius of the subject property within tract 42584 and owners within a 500 foot radius of exterior boundary of tract 42584 within the city limit of Diamond Bar, California , do hereby by signing this petition request the Planning Commission of the city of Diamond Bar to reject the provision of state law and the city of Diamond Bar zoning code regarding Conditional Use Permit 96-10 and Development Review 96-9. The main reason for the opposition is that the subject property is located in a residential zone which we feel should not be changed to another use. Resident I Property Owner Name (Printed) Signature %1!ii% �iZ� 1�yr � C/`./ _L��.�<<•�r�;� eau �� � - -. ,a Residence Address ( Number, Street) U Diamond Bar, Ca 91765 PETITION AGAINST CONDITION 96-10 AND DEVEOPMENT REVIEW 96-9 We, the undersigned resident / property owner within the 500 foot radius of the subject property within tract 42584 and owners within a 500 foot radius of exterior boundary of tract 42584 within the city limit of Diamond Bar, California, do hereby by signing this petition request the Planning Commission of the city of Diamond Bar to reject the provision of state law and the city of Diamond Bar zoning code regarding Conditional Use Permit 96-10 and Development Review 96-9. The main reason for the opposition is that the subject propertys located in a residential zone which we feel should not be change to another use. , V Resident / Property Owner Name (Printed) Sigriature Residence Address ( Number, Street) _ l - Diamond Bar, Ca 91765 1 PETITION AGAINST CONDITIONAL USE PERMIT 96-10 AND DEVELOPMENT REVIEW 96-9 The subject discussed is the co -location of an unmanned, wireless telecommunications transmission facilities/ antennas in our residential neighborhood. We, the undersigned resident / property owner within the 500 foot radius of the subject property within Tract 42584 and owners within a 500 foot radius of exterior boundaries of Tract 42584 within the city limit of Diamond Bar, California, do hereby by sianing this petition request the Planning Commission of the city of Diamond Bar to reject the provision of state law and the city of Diamond Bar zoning code regarding Conditional Use Permit 96-10 and Development Review 96-9. The main reason for the opposition is that the subject property is located in a residential zone which we feel should not be changed to another use r'�- L--„ A , �A�" L Resident / Property Owner Name (Printed) Signature a Residence Address ( Dumber, Street) v� Diamond Bar, Ca 91765 ON AGAINST CONDITIONAL U 96-14 AND DEVELOPMENT REVIEW 96-9 The subject discussed is the co -location of an unmanned, wireless telecommunications transmission facilities / antennas in our residential neighborhood. We, the undersigned resident / property owner within the 500 f of radius of the subject property within Tract 42584 and owners within a 500 foot radius of exterior boundaries of Tract 42584 within the city limit of Diamond Bar, California , do hereby b signing this petition request the Planning Commission of the city of Diamond Bar to reject the provision of state law and the city of Diamond Bar zoning code regarding Conditional Use Permit 96-10 and Development Review 96-9. The main reason for the opposition is that the subject property -s located in a residential zone which we feel should not be changed to another use. _ -f� /� 4� Resident / Property Owner Name (Printed) Signature Residence Address ( Number, Street) Diamond Bar, Ca 91765 PETITION AGAINST CONDITIONAL USE PERMIT 96-10 AND DEVEOPMENT REVIEW 96-9 We, the undersigned resident / property owner within the 500 foot radius of the subject property within tract 42584 and owners within a 500 foot radius of exterior boundary of tract 42584 within the city limit of Diamond Bar, California, do hereby by signing this petition request the Planning Commission of the city of Diamond Bar to reject the provision of state law and the city of Diamond Bar zoning code regarding Conditional Use Permit 96-10 and Development Review 96-9. The main reason for the opposition is that the subject property is located in a residential zone which we feel should not be changed to another use. �rnld�w Resident / Property weer Name (Printed) Signature Residence Address ( Number, Street) Diamond Bar, Ca 91765 Ab A4�L�)\V' Ole- -11171,5771 ON AGAINST C 96-10 AND DEVELOPMENT REVIEW 96-9 The subject discussed is the co -location of an unmanned, wirel ss telecommunications transmission facilities/antennas in our residential neighborhood. We, the undersigned resident / property owner within the 500 foot radius of the subject property within Tract 42584 and owners within a 500 foot radius of exterior boundaries of Tract 42584 within the city limit of Diamond Bar, California, do hereby by signing this petition request the Planning Commission of the cit of Diamond Bar to reject the provision of state law and the city pf Diamond Bar zoning code regarding Conditional Use Permit 96 m 10 and Development Review 96-9. The main reason for the opposition is that the subject property i; located in a residential zone which we feel should not be change to another use. Resident / Property Owner Name (Printed) Signature =r�^3 f Residence Address (Number, Street) Diamond Bar, Ca 91765 PE 'ITION AGAINST CONDITION 96-10 AND DEVELOPMENT R The subject discussed is the co -location of an unmanned, o wireless � telecommunications transmission facilities /antennas in residential neighborhood. We, the undersigned resident I property owner within then 500foot d owers radius of the subject property within Tract 42584Tract 42584 within a 500 foot radius of exterior boundaries 0 within the city limit of Diamond Bar, California, do hereby he b i signing this petition request the Planning Co e missawion and the city of of Diamond Bar to reject the provision of state Diamond Bar zoning code regarding Conditional Use Permit 96-10 and Development Review 96-9. The main reason for the opposition is that the subject property is located in a residential zone which we feel should not b g to another use. �� Ll 1`1! � .� •f � 1 lf� �! s nt l Property Owner Na . z (Printed) . '� ;e Signature Residence Address ( Number, Street) Diamond Bar, Ca 91765 PETITION AGAINS 96-10 AND DEVELOPMENT REVIEW 96-9 The subject discussed is the co -location of an unmanned, wireless telecommunications transmission facilities /antennas in our residential neighborhood. We, the undersigned resident / property owner within the 500 o1 radius of the subject property within Tract 42554 and owners within a 500 foot radius of exterior boundaries of Tract 42584 within the city limit of Diamond Bar, California, do hereby b signing this petition request the Planning Commission of the cil y of Diamond Bar to reject the provision of state law and the city of Diamond Bar zoning code regarding Conditional Use Permit and Development Review 96-9. The main reason for the opposition is that the subject property i located in a residential zone which we feel should not be chang. to another use. 14 Resident / Property Owner Name (Printed) C� d Signature , t 7-i3&c> f5Jer-1A Residence Address ( Number, Street) Diamond Bar, Ca 91765 10 ION AGAINST CONDITIONAL USE PERMIT 6-10 AND DEVEOPIVIENT REVIEW 96-9 We, the undersigned resident 1 property owner within the 00 foot radius of the subject property within tract 42584 and owners a 500 foot radius of exterior boundary of tract 42554 within the city limit of Diamond Bar, California, do hereby by signing thud petition request the Planning Commission of the city of DiamoBar Bar to reject the provision of state law and the city o f Diamond zoning, code regarding Conditional Use Permit 96-10 and Development Review 96-9. The main reason for the opposition is that the subject property is ed located in a residential zone which we feel should not be C to another use. Resident 1 roperty Owner Name (Printed) V . ' Sitgna ure �" Residence Address ( Number, Street) Diamond Bar, Ca 91765 PETITION A GAINS T CO E 96-10 AND DEVEOPMENT REVIEW 96-9 We, the undersigned resident / property owner within the 500 radius of the subject property within tract 42584 and owners a 500 foot radius of exterior boundary of tract 42584 within t city limit of Diamond Bar, California, do hereby bysigning ' petition request the Planning Commission of the city of Diam Bar to reject the provision of state law and the city of Diamon zoning code regarding Conditional Use Permit 96-10 and Development Review 96-9. thin • r • The main reason for the opposition is that the subject propertys located in a residential zone which we feel should not be chap e to another use. Resident / Property Owner Name (Printed) vlza� Signature Residence Address ( Number, Street) Diamond Bar, Ca 91765 TION AGAINST CONDITIONAL USS9 96-10 AND DEVEOPMENT REVIEW 9. We, the undersigned resident 1 property owner within the 00 foot radius of the subject property within tract 42584 and owners ithin a 500 foot radius of exterior boundary of tract 42584 withinnthe his city limit of Diamond Bar, California , do hereby by si'gnin , petition request the Planning Commission of the city of Diamond Bar law and the city of Diamond Bar to reject the provision of state zoning code regarding Conditional Use Permit 96-10 and Development Review 96-9. The main reason for the opposition is that the subjectproperty s located in a residential zone which we feel shod not b to another use. 5 i gnaiure Residence Address ( Number, Street) Diamond Bar, Ca 91765 PETITION AG MND C PE_ 96-10 AND DEVEOPMENT REVIEW 96-9 We, the undersigned resident / property owner within the 500 foot radius of the subject property within tract 42584 and owners within a 500 foot radius of exterior boundary of tract 42554 within the city limit of Diamond Bar, California , do hereby by signing this petition request the Planning Commission of the city of Diamon d Bar to reject the provision of state law and the city of Diamond Bar zoning code regarding Conditional Use Permit 96-10 and Development Review 96-9. The main reason for the opposition is that the subject property 1.1 located in a residential zone which we feel should not be changE to another use. cl��1Jr� L Resident / Property Owner Name (Printed) l Signature ZVI� Residence Address ( Number, Street) Diamond Bar, Ca 91765 PETITION AGAINST CONDITION 10 AND D W 95-9 We, the undersigned resident 1 property owner within the 500rs foot radius of the subject property within tract 42584258 witehin the ithin a 500 foot radius of exterior boundary of tract city limit of Diamond Bar, California, do hereby by signing this petition request the Planning Commission of the city of Diamond Bar to reject the provision of state law and the city of Diamond Bar zoning code regarding Conditional Use Permit 96-10 and Development Review 96-9. The main reason for the opposition is that the subject prop rtyis located in a residential zone which we feel should not be changed to another use. S7" F � N'' Resident 1 Property Owner Name (Printed) Sianature V Residence Address ( Number, Street) �z Diamond Bar, Ca 91765 PETITIO N 6-1 AGAINST CONDITIONAL USE AND DEVELOPMENT u'FtrrL-txr 32 The subject discussed is the co -location of an unmanned, wire telecommunications transmission facilities /antennas in our residential neighborhood. We, the undersigned resident / property owner within the 500 f of radius of the subject property within Tract 42584 and owners within a 500 foot radius of exterior boundaries of Tract 42584 within the city limit of Diamond Bar, California, do hereby by signing this petition request the Planning Commission of the city of Diamond Bar to reject the provision of state law and the city of Diamond Bar zoning code regarding Conditional Use Permit 96 10 and Development Review 96-9. The main reason for the opposition is that the subject property is located in a residential zone which we feel should not be changc to another use. Resident /Property Owner Name (Printed) Signature Residence Address ( Number, Street) Diamond Bar, Ca 91765 ION AGAINST C( 6-10 AND DEVEO We, the undersigned resident I property owner within the 500 foot radius of the subject property within tract 42584 and owners within a 500 foot radius of exterior boundary of tract 42584 within city limit of Diamond Bar, California, do hereby by signing this petition request the Planning Commission of the city of Diamond Bar to reject the provision of state law and the city of Diamond Bar zoning code regarding Conditional Use Permit 96-10 and Development Review 96-9. The main reason for the opposition is that thesubjectbct pop rty is d located in a residential zone which we feel should to another use. Resident 1 Property Owner Name (Printed) Signature 2�f/S�l f�j-1'LU�Ii/11d �iZ Residence Address ( Number, Street) Diamond Bar, Ca 91765 PETITION AGAINST CONDITIONAL I 96-10 AND DEVELOPMENT REVIEW 96-9 The subject discussed is the co -location of an unmanned, wireless telecon nzunications transmission facilities /antennas in our - residential nein hbor hood. We, the undersigned resident / property owner within the 500 foot radius of the subject property within Tract 42584 and owners within a 500 foot radius of exterior boundaries of Tract 42584 within the city limit of Diamond Bar, California, do hereby by signing this petition request the Planning Commission of the city of Diamond Bar to reject the provision of state law and the city of Diamond Bar zoning code regarding Conditional Use Permit 96-10 and Development Review 96-9. The main reason for the opposition is that the subject property is located in a residential zone which we feel should not be changed to another use. Resident / Property Owner Name (Printed) Signatur Residence Address (Number, Street) Diamond Bar, Ca 91765 :TION AGAINST CO 96-10 AND DEVELO W %-9 The subject discussed is the co -location of an unmanned, wireless telecommunications transmission facilities/ antennas in o residential neighborhood. owner within the 500 foot We, the undersigned resident Iw thin Tract 42584 and owners radius of the subject property within a 500 foot radius of exterior boundaries of Tract eb 8b within the city limit of Diamond Bar, California, dhereby the city sianina this petition request the Planning Commission of Diamond Bar to reject the provision of state law and the city Of reg Conditional Use Permit 96-10 Diamond Bar zoning code re and Development Review 96-9. The main reason for the opposition is that the subject property is located in a residential zone which we feel should not be chancred to another use. Resident 1 Property Owner 'me (Printed) S- Residence Address ( Number, Street) Diamond Bar, Ca 91765 PETITION AGAINST CO 96-10 AND DEVELO. NT RFVIF.w 96_ The subject discussed is the co -location of an unmanned, wireless telecommunications transmission facilities/ antennas in our residential neighborhood. We, the undersigned resident / property owner within the 500 ffiot radius of the subject property within Tract 42584 and owners within a 500 foot radius of exterior boundaries of Tract 42584 within the city limit of Diamond Bar, California, do hereby b signing this petition request the Planning Commission of the ci y of Diamond Bar toreject the provision of state law and the city of Diamond Bar zoning code regarding Conditional Use Permit 9 -10 and Development Review 96-9. The main reason for the opposition is that the subject property located in a residential zone which we feel should not be chan to another use. W 1"Resident / Propert Ownerinted) Signature k� M es -k' Residence Address ( Number, Street) Diamond Bar, Ca 91765 ION AGAEVST CONDITIONAL USE Y,1 6-10 AND DEVEOrMENT REVIEW 96-9 We, the undersigned resident / property owner within thn500within foot rs radius of the subject property within tract 42584 and owe a 500 foot radius of exterior boundary of tract 42584 within the city limit of Diamond Bar, California, do hereby by signing this petition request the Planning Commission of the city of Diamond Bar to reject the provision of state law and the city of Diamond Bar zoning, code regarding Conditional Use Permit 96-10 and Development Review 96-9. The main reason for the opposition is that the subject ct pr prty not be is located in a residential zone which we feel should ed to another use. n � L'Icc l Lrw p weer Name (Printed) Resident 1 Pro p �n Signature i Residence Address ( Number, Street) Diamond Bar, Ca 91765 PETITION AGAINST 96-10 AND DEVEOPMENT REVIEW 96-9 We, the undersigned resident / property owner within the 5001 radius of the subject property within tract 42554 and owners w a 500 foot radius of exterior boundary of tract 42584 within th city limit of Diamond Bar, California, do hereby by signing tr petition request the Planning Commission of the city of Diamo: Bar to reject the provision of state law and the city of Diamond zoning code regarding Conditional Use Permit 96-1.0 and Development Review 96-9. The main reason for the opposition is that the subject property i located in a residential zone which we feel should not be chane to another use. '+ r 9n C ' Resident /f-9perty Owner Name (Printed) n i ignature f Residence Address ( Number, Street) Diamond Bar, Ca 91765 .-H PETITION AGAINST CONDITIONAL USE VIEW 96-9 96-10 ❑C We, the undersigned resident / property owner within the 500 foot radius of the subject property within tract 42584 and owners within a 500 foot radius of exterior boundary of tract 42584 within the city limit of Diamond Bar, California, do hereby by signing this petition request the Planning Commission of the city of Dia mond Bar Bar to reject the provision of state law and the city of Diamond zoning, code regarding, Conditional Use Permit 96-10 and Development Review 96--9. The main reason for the opposition is that the subject property is located in a residential zone which we feel should not be changed to another use. Resident / Property Owner Name (Printed) 3icy, ture Residence Address ( Number, Street) Diamond Bar, Ca 91765 PETITION AGAINST CONDITIO W 96-10 AND DEVELOPMENT REVIEW 96-9 The subject discussed is the co -location of an unmanned, wirel ss telecommunications transmission facilities/ antennas in our residential neighborhood. We, the undersigned resident / property owner within the 500 f of radius of the subject property within Tract 42584 and owners within a 500 foot radius of exterior boundaries of Tract 42584 within the city limit of Diamond Bar, California, do hereby b signing this petition request the Planning Commission of the ci y of Diamond Bar to reject the provision of state law and the city of Diamond Bar zoning code regarding Conditional Use Permit 9 -10 and Development Review 96-9. The main reason for the opposition is that the subject property i located in a residential zone which we feel should not be chane. to another use. Resident / Prokey Owner Name (Printed) J Sianatgree� 1 Ste/ ��t1'TU Residence Address ( Number, Street) Diamond Bar, Ca 91765 ION AGAINST C b-10 AND DEVE( 96-9 Wethe undersigned resident 1 property owner within the 500 000 within , radius of the subject property within tract 42584 and owners a 500 foot radius of exterior boundary of tract 42584 within the cithis limit of Diamond Bar, California , do hereby by signinmond y petition request the Planning Commission of the city of Bar Bar to reject the provision of state law and the city zoning code regarding Conditional Use Permit 96-10 and Development Review 96-9. The main reason for the opposition is that the subject prop yed is located in a residential zone which we feel should not be to another use. lL f - L.Z t c3S Resident 1 Property Owner Name (Printed) Signature d Residence Address ( Number, Street) Diamond Bar, Ca 91765 PETITION M NDITIONAL IT 96-10 AND DEVEOPMENT REVIEW 96-9 We, the undersigned resident / property owner within the 500 f radius of the subject property within tract 42584 and owners w a 500 foot radius of exterior boundary of tract 42584 within th city limit of Diamond Bar, California , do hereby by signing ti: petition request the Planning Commission of the city of Diamo: Bar to reject the provision of state law and the city of Diamond zoning code regarding Conditional Use Permit 96-10 and Development Review 96-9. The main reason for the opposition is that the subject property i located in a residential zone which we feel should not be change to another use. Resident / Property Owner Name (Printed) Signature ` Residence Address ( Number, Street) Diamond Bar, Ca 91765 m PETITION AGAINST CONDITIONAL USE ] 96-10 AND DEVEOPMENT REVIEW 96 We, the undersigned resident 1 property owner within the 500 foot radius of the subject property within tract 42584 and ownersith' a 500 foot radius of exterior boundary of tract 42584 wit hin city limit of Diamond Bar, California, do hereby by signing this petition request the Planning Commission of the city of Diamond Bar to reject the provision of state law and the city of Diamond Bar zoning code regarding Conditional Use Permit 96-10 and Development Review 96-9. The main reason for the opposition is that the subject property is located in a residential zone which we feel should not be to another use. Resident ! Property Owner Name (Printed) SiLynature Residence Address ( Number, Street) Diamond Bar, Ca 91765 __ PETITION AG T CONDITIONAL USE PE 96-10 AND DEVEOPMENT REVIEW 96-9 We, the undersigned resident / property owner within the 500 f radius of the subject property within tract 42584 and owners w a 500 foot radius of exterior boundary of tract 42584 within th city limit of Diamond Bar, California, do hereby by signing th petition request the Planning, Commission of the city of Diamoi Bar to reject the provision of state law and the city of Diamond zoning code regarding Conditional Use Permit 96-10 and Development Review 96-9. The main reason for the opposition is that the subject property located in a residential zone which we feel should not be chan to another use. �� r• -� tv ,9 1 Resident / Property Owner Name (Printed) Signature Residence Address ( Number, Street) Diamond Bar, Ca 91765 PETITION AGAINST CONDITIONAL USE Y -L] 96-10 AND DEVEOPMENT REVIEW 96-9 the undersigned resident / property owner within the 500 foot We, radius of the subject property within tract 425$4 and owne nehin a 500 foot radius of exterior boundary of tract 42584 with city limit of Diamond Bar, California, do hereby by signing this petition request the Planning Commission of the city of Diamond Bar Bar to reject the provision of state law and the city o aDnam zoning code regarding Conditional Use Permit 96 Development Review 96-9. The main reason for the opposition is that the subjectr p rty is located in a residential zone which we feel should not to another use. Resident 1 Property Owner Name (Printed) Signature . -afN LR,,Residence Address (Number, Street) Diamond Bar, Ca 91765 PETITION AGAINST CO 96-10 AND DEVELOPMENT REVIEW 96-9 The subject discussed is the co -location of an unmanned, wire ess telecommunications transmission facilities / antennas in our residential neighborhood. We, the undersigned resident / property owner within the 500 f oot radius of the subject property within Tract 42584 and owners within a 500 foot radius of exterior boundaries of Tract 42584 within the city limit of Diamond Bar, California, do hereby b signing this petition request the Planning Commission of the ci y of Diamond Bar to reject the provision of state law and the city of Diamond Bar zoning code regarding Conditional Use Permit 91- The 10 and Development Review 96-9. main reason for the opposition is that the subject property i located in a residential zone which we feel should not be chant to another use. Resident / Pro{ /—//_1 0 S1 Name (Printed) Signat ure /� 7-S cf tCM Residence Address ( Number, Street) Diamond Bar, Ca 91765 -10 AND DEVEOPMENT REVIEW 96-9 We, the undersigned resident 1 property owner within the 500 foot radius of the subject property within tract 42584 and owners within tin a 500 foot radius of exterior boundary of tract 42584 withis he city limit of Diamond Bar, California, do hereby by signing petition request the Planning Commission of the city of Diamond Bar Bar to reject the provision of state law and the city of Dl amond zoning code regarding Conditional Use Permit 96--10 and Development Review 96-9. The main reason for the opposition is that the subject property is located in a residential zone which we feel should not be changed to another use. Resident 1 Property owner Name Printed) AA Signature i - �a Residence Address ( Number, Street) _ Diamond Bar, Ca 91765 PETITION A(TAllv EDpMENT REVIEW 96-.9 96-10 AND DE We, the undersigned resident / property owner within the 500 fo, radius of the subject property within tract 42584 and owners wit a 500 foot radius of exterior boundary of tract 42584 within the city limit of Diamond Bar, California, do hereby by signing thi petition request the Planning Commission of the city of Diamon Bar to reject the provision of state law and the city of Diamond zoning code regarding Conditional Use Permit 96-10 and Development Review 96-9. The main reason for the opposition is that the subject property i! located in a residential zone which we feel should not beb to another use. Resident !Property Owr/er Name (Printed) Signature- Residence Ad'ress ( Number, Street) Diamond Bar, Ca 91765 ar TION AGAINST CONDITIONAL USE PE] 96-10 AND DEVEOPMENT REVIEW 96-9 We, the undersigned resident / property owner within the 500 foot radius of the subject property within tract 42584 and owners within a 500 foot radius of exterior boundary of tract 42584 within the city limit of Diamond Bar, California, do hereby by signing this petition request the Planning Commission of the city of Diamond Bar to reject the provision of state law and the city of Diamond Bar zoning code regarding Conditional Use Permit 96-10 and Development Review 96-9. The main reason for the opposition is that the subject property is located in a residential zone which we feel should not be changed to another use. Resident / Property Owner Name (Printed) A Signature Residence Address ( Number, Street) Diamond Bar, Ca 91.765 � = j A ON AGAIN I LVirLl -10 AND DEVEOPMENT REVIEW 96-9 We, the undersigned resident 1 property owner within the 500 foo radius of the subject property within tract 42584 and owners it n a 500 foot radius of exterior boundary of tract 42584 winhrn this city limit of Diamond Bar, California, do hereby by sig petition request the Planning Commission of the city of Dim ond Bar to reject the provision of state law and the city o regardinond IB ar g Conditional Use Permit 96-10 and zoning code Development Review 96-9. The main reason for the opposition is that the subj ctpbechan erty located in a residential zone which we feel should to another use. Resident 1 Property owner Name (Printed) Signature Residence Address ( Number, Street) Diamond Bar, Ca 91765 Du ONDITIO 96-10 AND DEVEOPMENT REVIEW.96-9 We, the undersigned resident / property owner within the 500 foot radius of the subject property within tract 42584 and owners within a 500 foot radius of exterior boundary of tract 42584 within the city limit of Diamond Bar, California, do hereby by signing this petition request the Planning Commission of the city of Diamond Bar to reject the provision of state law and the city of Diamond Bar zoning code regarding Conditional Use Permit 96-10 and Development Review 96-9. The main reason for the opposition is that the subject property is located in a residential zone which we feel should not be changed to another use. Resident / Property Owner Name (Printed) Signature Residence Addre `s ( Number, Street) Diamond Bar, Ca 91765 :)N AGAINST -10 AND DEV D We the undersigned resident I property owner within the 500 foot ' within tract 42584 and owner radius of the subject property f tract 42584 within the ithi a 500 foot radius of exterior boundary of hereby by signing this city limit of Diamond Bar, California,mission of the city of Diamond petition request the Planning Bar to re�ject the provision of state law and the city of Diamond B zoning code regarding Conditional Use Permit 96-10 and Development Review 96-9. The main reason for the opposition is that the subject property is located in a residential zone which we feel should not bechange( to another use. TQYM eo(Mb � Resident I Property Owner Name (Printed) Signature Residence ddress ( Number, Street) Diamond Bar, Ca 91765 ON -10 DE ITI M We, the undersigned resident / property owner within the 500 foot radius of the subject property within tract 42584 and owners within a 500 foot radius of exterior boundary of tract 42584 within the city limit of Diamond Bar, California, do hereby by signing this petition request the Planning Commission of the city of Diamond Bar to reject the provision of state law and the city of Diamond Bar zoning code regarding Conditional Use Permit 96-10 and Development Review 96-9. The main reason for the opposition is that the subject property is located in a residential zone which we feel should not be changed to another use. r A P o�- -J -- L-A I-) C' Resident / Property Owner Name (Printed) Signature Residence Address ( Number, Street) - Diamond Bar, Ca 91765 V 11 9b-1 DE ONDITION all The subject discussed is the co -location of an unmanned, w3reles: telecommunications transmission facilities /antennas in o residential neighborhood. We, the undersigned resident 1 property owner within the 500 fc ers radius of the subject property within Tract 42584 and Ta° 42584 within a 500 foot radius of exterior boundaries oaf r hereby by within the city limit of Diamond Bar, California, signing this petition request the Planning Commission oehcl �� of Diamond Bar to reject the provision of state law and y Diamond Bar zoning code regarding Conditional Use Permit 9( and Development Review 96-9. The main reason for the opposition is that the subject property located in a residential zone which we feel should not be chan to another use. XV0 12 Resident / Property Owner Name (Printed) S' nature Residence Address ( Number, Street) Diamond Bar, Ca 91765 10 PETITION A 96-I0 Ar J LINST CONDITION DEVELOPMENT R E The subject discussed is the co -location of an unmanned, wireless telecommunications transmission facilities / antennas in our residential neighborhood. We, the undersigned resident / property owner within the 500 foot radius of the subject property within Tract 42584 and owners within a 500 foot radius of exterior boundaries of Tract 42584 within the city limit of Diamond Bar, California, do hereby by signing this petition request the Planning Commission of the city of Diamond Bar to reject the provision of state law and the city of Diamond Bar zoning code regarding Conditional Use Permit 96-10 and Development Review 96-9. The main reason for the opposition is that the subject property is located in a residential zone which we feel should not be changed to another use. 71 Resident / Property Owner Name (Printed) kd ignature a Residence Address ( Number, Street) - Diamond Bar, Ca 91765 ON AGAINST CONDITIO 96-10 AND DE The subject discussed is the co -location of an unmanned, w reles, ur telecommunications transmission facilities/ antennas in o residential neighborhood. rty owner within the 500 fo t We, the undersigned resident 'w thpn Tract 42584 and owners radius of the subject propertY X584 within a 500 foot radius of exterior boundaries of Tract 2 b California, doh Y Y within the city limit of Diamond Bnn�ing Commission of the cit signing this petition request th of Diamond Bar to reject the provision of state law and the city f 96 Diamond Bar zoning code regardin-10 g Conditional Use Permit and Development Review 96-9. The main reason for the opposition is that the subject property located in a residential zone which we feel should not be chap to another use. r �r Resi ent 1 Property Owner Name �(Brinted ) .A� Signature Residence Address ( Number, Street) Diamond Bar, Ca 91765 PETITION AGAi 96-10 AND D T CONDITIO TLOPMENT W 96- T17' subject discussed is the co -location of an unmanned, wireless telecommunications transmission facilities/ antennas in our residential neighborhood. We, the undersigned resident / property owner within the 500 fo radius of the subject property within Tract 42584 and owners of within a 500 foot radius of exterior boundaries of Tract 42584 Within the city limit of Diamond Bar, California , do hereby b S igning this petition request the Plannin¢ y y of Diamond Bar to reject the provision of statemission of the city Diamond Bar zoning code reaardin� lam' and the city of b Conditional Use Permit 96.10 and Development Review 96.-9 The main reason for the opposition is that the subject Property is not Iocated in a residential zone which we feel should be than e to another use. b d Resident/ Property Owner Name (Printed) - Signature Residence Address ( Number, Street) J Diamond Bar, Ca 91765 PETITION AGAINST CO 96-I0 AND DEVEOPMENT REVIEW 96-9 We, the undersigned resident / property owner within the 500 fc radius of the subject property within tract 42584 and owners wi a 500 foot radius of exterior boundary of tract 42584 within the city limit of Diamond Bar, California, do hereby by signing the petition request the Planning Commission of the city of Diamor. Bar to reject the provision of state law and the city of Diamond zoning code regarding Conditional Use Permit 96-10 and Development Review 96-9. The main reason for the opposition is that the subject property i located in a residential zone which we feel should not be change to another use. 96W qlaorp, a At Res' d nt / r perty Owner Name (Printed) Signature 14,114 PCS Residence Address ( Number, Street) Diamond Bar, Ca 91765 Ui on I AM OPPOSSED TO THE CONSTRUCTION OF THE WIRELESS TELECOMMUNICATION TRANSMISSION FACILITIES AT 24401 DARRIN DRIVE FOR THE FOLLOWING REASONS: REDUCED VIEW APPEARANCE OF NEIGHBORHOOD � POTENTIAL HEALTH HAZARD s� REDUCTION OF PROPERTY VALUES REVISED CONSTRUCTION PLANS (Original Plan Was To Have Antennas Placed Down In The Gully Where They Would Not Be Seen From Armitos Place. The New Plan Places The Antennas In A Two Story Building On Armitc Place At Street Level). OTHER (Please Specify) Print Name Signature - ).' -z- -- - -- - Z! /" Addressy $ S "u��`` V�2 to p,U. 2 I I AM OPPOSSED TO THE CONSTRUCTION OF THE WIRELESS TELECOMMUNICATION TRANSMISSION FACILITIES AT 24404 DARRIN DRIVE FOR THE FOLLOWING REASONS: V REDUCED VIEW APPEARANCE OF NEIGHBORHOOD POTENTIAL HEALTH HAZARD V REDUCTION OF PROPERTY VALUES REVISED CONSTRUCTION PLANS (Original Plan Was To Have Antennas Placed Down In The Gully Where They Would Not Be Seen From Armitos Place. The New Plan Places The Antennas In A Two Story Building On Armitos Place At Street Level). OTHER (Please Specify) Print Name -DOO Signature Address 10 Dipmorjo GRK C/A Q17(05 I AM OPPOSSED TO THE CONSTRUCTION OF THE WIRELESS TELECOMMUNICATION TRANSMISSION FACILITIES AT 24404 DARRIN DRIVE FOR THE FOLLOWING REASONS: REDUCED VIEW APPEARANCE OF NEIGHBORHOOD POTENTIAL HEALTH HAZARD REDUCTION OF PROPERTY VALUES REVISED CONSTRUCTION PLANS (Original Plan Was To Have Antennas Placed Down In The Gully Where They Would Not Be Seen From Armitos Place. The New Plan Places The Antennas In A Two Story Building On Armitc Place At Street Level). OTHER (Please Specify) f Print Name z `� L rr z Signature Address T) 14 4Z A SSA 1 r• I AM OPPOSSED TO THE CONSTRUCTION OF THE WIRELESS TELECOMMUNICATION TRANSMISSION FACILITIES AT 24401 DARRIN DRIVE FOR THE FOLLOWING REASONS: ZREDUCED VIEW APPEARANCE OF NEIGHBORHOOD POTENTIAL HEALTH HAZARD V1 REDUCTION OF PROPERTY VALUES REVISED CONSTRUCTION PLANS (Original Plan Was To Have Antennas Placed Down In The Gully Where They Would Not Be Seen From Armitos Place. The New Plan Places The Antennas In A Two Story Building On Armitos Place At Street Level). OTHER (Please Specify) Print Name MAf)R -t ). L-W)o_ 91 QGV�Ef\j Signature ,("z Address 3 `7 ! R Mi `C L� s {� L LD ( d I AM OPPOSSED TO THE CONSTRUCTION OF THE WIRELESS TELECOMMUNICATION TRANSMISSION FACILITIES AT 24401 DARRIN DRIVE FOR THE FOLLOWING REASONS: J REDUCED VIEW _se� APPEARANCE OF NEIGHBORHOOD POTENTIAL HEALTH HAZARD REDUCTION OF PROPERTY VALUES REVISED CONSTRUCTION PLANS (Original Plan Was To Have Antennas Placed Down In The Gully Where They Would Not Be Seen From Armitos Place. The New Plan Places The Antennas In A Two Story Building On Armito: Place At Street Level). OTHER (Please Specify) Print Name Z— ZE7pn/ ? 1A - Signature la" S �^ Address '?6/ �'' M ' 5 P, D1 A l --Lo v1) BHR, Cry 1176.- al C. Section 2.07 of the Original Declaration sets forth certain restrictions on antennae and rooftop appliances. The undersigned Owners, by ex( Of this First Amendment, desire to amend Section2.07 of the Original Declaration certain respects with regard to Lot 51 only, subject to certain conditions as set fol below. D. Capitalized terms set forth in these recitals and the operative Provisions set forth below shall have the same meaning as such terms set forth and , in the Original Declaration. NOW, THEREFORE, the undersigned Owners of seventy-five pe (759/o) or greater of the Lots within Tract 42584 do hereby amend the Original Declaration in the following respects only: follows: 1. Section 2.07 of the Original Declaration is amended to read "Section 2.07 Amennae, Rootton AAppliances_ With t exception of one (1) television antenna installed in a manner designed to mitigate the obstruction of views and avoid unnecessary aesthetic impact, no radio antenna, aerial, C.B. antenna, television antenna or other facilities for the reception transmission of radio or television signals or other means of communication shall be erected, installed or maintained on ani except totally within a Dwelling Unit with no exterior evidence thereof or in underground conduits. A master antenna or cablevision antenna may be provided for the use of all Owners. Grantor may grant easements for such purposes. In addition, 1 improvements, appliances or other installation shall be permiat the roofs of Dwelling Units, unless installed in a manner so as I to be visible from. other Lots or streets, and approved in writin; the Committee. Notwithstanding the foregoing provisions of tj Section 2.07 and Section 2. 10, installation of commercial wires telecommunication facilities may be permitted on Lot 51. 2. In all other respects, all other Covenants, Conditions and Restrictions contained in the Original Declaration shall remain in o force and effect. 3. This First Amendment may be executed in counterparts with appropriate notarial jurat affixed thereto. (SIGNATURES AND NOTARIES APPEAR ON FOLLOWING PAGES) -2- Lot, and D I on Dt by Recording Requested by: ems' c.—- '� When Recorded Mail To: 2"�'A p 1 err, (Space Above this Line for Recorder's Use) FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS AND RESERVATION OF EASEMENTS FOR SOUTH COUNTRY TRACT 42584 THIS FIRST AMENDMENT TO DECLARATION OF COVENANT'S, CONDITIONS AND RESTRICTIONS AND'RESERVATION OF EASMENTS FOR SOUTH COUNTRY TRACT NO. 42594 ("First Amendment") is made by the undersigned Owners of seventy-five percent (75%) or greater of lots 1 through 65, inclusive, of tract No. 42584, as shown on a Subdivision Map recorded on October 27, 1983 in book 1024, pages 6 to 14, Inclusive of Maps, in the Office of the Los Angeles County Recorder (`tract 42584"). This first Amendment is made with respect to the following facts: PREAMBLE A. On February 24,1984, South Country Corp., a California corporation, caused to be recorded a Declaration of Covenants, Conditions 84 as Instrument Restrictions and Reservation of Easements for South Country Tract No. 84-233763 in the Official Records of the Recorder's Office, Los Angeles County, California C Original Declaration"} for lots 1 through 65 of Tract 42584. B. Pursuant to Section 6.01 of the Original Declaration, the covenants, conditions and restrictions contained in the Original Declaration run with the project, as defined in the Original Declaration, and are binding and enforceable by all Lot Owners of Tract 42584 for a period of fifty (50) years after the recordation of the Original Declaration and shall be automatically extended for a successive ten (10) year periods unless, by a written instrument signed by the Owners of seventy-five percent (75%) of the Lots and at any time thereafter Recorded, the Owners determine to change the Original Declaration in whole or in part. 17 LA 'Da—ter— Date ate Date Owner of Lot 2- 6 Owner of Dat Ssnature Owner of Dat Signa/.tuye/ f� STATE OF CALIFORNIA ) COUNTY OF ) ss - On C� – �Q before me, Public, personally appeared Owner of IMM personally known tonne or proved to me on the basis of satisfactory evidence to bet e with person(s) whose name(s) iaare subscribed to the in me that l e/they executed the same in �ftheir authorized ed� acit and a (ies), acknowledge to Of which the person(s) acted, executed the instrument. p ty(ies), and b hall WITNESS my hand and official seal. w Bobbi D. Haynes 3 Signature of Notary [S Comm. *1099938 NOTARY PUBLIC CAUFORNIAn LOS ANGELES COUNTY Comm. Exp. Jane S. 2000 ji>4Deat '- D I- Dat 10 /V I Date Date Owner of Lot f 4qSignej Signatu�2 re Owner of Lot12- VL Signature Owner of Lot Signature Owner of Lot STATE OF CALIFORNIA ) ss. COUNTY OF 4 --A ` r 1 ) before me, `f E of Notary On personally appeared r TO OV LIM personally known to me or proved to me on the basis of satisfactoryand acknowledged to whose name(s) flare subscribed to the within instaum person(s) res and behalf me that kelthey executed the same inel�tt i authorized capacity( ), of which the person(s) acted, executed WITNESS my hand and official seal. Signature of Notary [Se :B:obbiD. Haynes. #10099F�NtA� iLiC GAU38Ltss 0pUNTv ;CP -June 6.2000 Z"'. � z,r •l a4 Date ' Signature Owner of 4, F td Date Date Date ]fir Signature Owner of Lot / ) Signature Owner of Signature Owner of STATE OF CALIFORNIA ) COUNTY OF ) ss. Onbefore me, Public, personally aPP- �ed k z e � Personally Down to me or proved to me on the basis of satisfactory evidence to be Person(s) whose name(s) is/are subscribed to the within instrument and aclmowledg me that l/they executed the same in l/their authorized capacity(ies), and of which the person(s) acted, executed the ihstrument. WITNESS my hand and official seal. [Seal Barbi D. Haynes Comm. *1044938 NOTARY PUBLIC CAUFOANIAX LCS ANa�LE9 CGUNTY �% COMM' pxo, JUM to LI 2 +� 7 L Date 7&�Signature is Dat Date Date Owner of Lot 5) Signature� owner of Lot Signature Signature STATE OF CALIFORNIA ) } ss. COUNTY OF Los Owner of Lot Owner of Lot before ,—� a Notary me, Public, personally appeared �; —f -t& t " - a ^ �t — Personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Mare subscribed to the within instrument and acknowledged to me that beL�kefthey executed the same in bdrgqverltheir authorized capacity(ies), and behalf of which the person(s) acted, executed the instrurnent- yITNESS my hand and official seal. 1 Signature of Notary [Se 6obbi D. Haynes P, Comm. #1066638 0 S NOTA" Puawr. QALiFCRK1A;; Lor Af10[Lib COUNTY irDFnm. Exd. JURi16.8000 04 L '6 Date Signature Owner of; 1 v 2 L! ki M Y 'Date ignature Date Signature Date Signature STATE OF CALIFORNIA ) COUNTY OF 41, ) ss. - - Q beforeme, Public, personally appeared ri Owner of Owner personalty known to me or proved to me on the basis of satisfactory evidence to be Person(s) whose name(s) Ware subscribed to the within instrument and aclmowled� me that h@�e hey executed the same in homer/their authorized capacity(ies), and of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. [Seat] r U ,,... Bobbi D. Haynes Comm. 01099938 0 ' NCTAAY PUBLIC CAWFORNt L LOS ANOELES COUNTY `7 Comm. SO. Juno 8, 2060 i Signature of Notary 33 5.7 to r Owner of Lot Date ignatu Date Signature Owner of Lot Date Signature Owner of Lot Date Signature Owner of Lot STATE OF CALIFORNIA ) ss. COUNTY OF c On_ before e, a Notary Public, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the i, I e q�d to the within instrument and acknowledged to person(e) whose named me that k�she/t��executed the same in his/her authorized capacity(.i*, and behalf of which the person(A-j acted, executed the instrument_ WITNESS my hand and official seal. ��. Bobbi l3. Haynes Signature of Notary GommAtnag938 [Seal] a KOSARY ou4UG cA�s�aR""" LOS AMI rose coulm Comm. Exp. Juno s, 2000 + � CI/ -t Date`y Signature Owner Date Signature Owner Date Signature Owner Date Signature Owner of STATE OF CALIFORNIA COUNTY OF) ss. Onbe are me, Public, personally appeared 1r1.` E1 personalty known to me or proved to me on the basis of satisfactory evidence to be tie person(} whose name(.) ism -subscribed to the within instrument and acknowledged to me that h�she executed the same in hi&%CrftltM authorized ca aci erson act P tY(, and b half of which the P (sj ed, executed the rent. WTI'NESS my hand and official seal. [S Signature of Notary Bobbi D. Haynes � v Comm. *i c* NOTARY PUBIEC CALIFBRNi�, LOS ANGEM COUNTY tJ Comm_ 9Xp. June 6, 2000 1 r Owner of Lot3 44 Date Signature �41rx� Si�t�, Owner of Lots Date` Date Signature Owner of Lot Date Signature Owner of Lot STATE OF CALIFORNIA ) ss. COUNTY OF Le ) on , before me, — Notary public, person y app aced L. G 1 of satisfactory evidence to pars nally known to me or proved to me on the basis and acknowledged ged theto person(s) whose names)-i4are subscribed to the within instrument and behalf me that keAsWthey executed the same in l erftheir authorized capacity(ies), of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. 1 Signature of Notary [Seal] U Bobbi D. Haynes CGmm, 0/060038 �y Q NOTAMY PUDLIC G"iFORKI ; 6G6ANOGLI LINTY SII Comm. fixe, du" C 2000 "k 2 b�'(" Date 6 Date Date Date Signature Signature Signature STATE OF CALIFORNIA } COUNTY OF ) ss. on —1-!Q-` � before me, Public, personally appeared ,• n ; , Owner of L t 35( Owner of Lc t .3 0 Owner ofLo Owner of Lot 10 Personally known to me or proved to me on the basis of satisfactory evidence to be person(s) whose name(s) is/are subscribed to the within in.Strutnent and acknowledF me that 4644e/they executed the same in li"�/their authorized capacity(les and Of which the person instrument{s) acted, executed the )° . WITNESS my hand and official seal. Bobbi D. Haynes Comm. #1099938 "s NOTARY PUBLIC CALIFCRNT LW ANGELES COUNTY iJ COMM- Exn. Jun& B, i000 'L Signature of Notary to Owner of Lot t Dae Si afore 2�'yu.1,, `"`"�� Owner of Lot _Z-3 Date Signature Signature Owner of Lot Date Date Signature Owner of Lot STATE OF CALIFORNIA } S5. COUNTY OF ) _ a Notary On q Cobeforeme, public, personally appeared evidence to be personally known to me or proved to me on wewithin instrumentasis of me acknowledgedto persons) whose name(s)i's(are subscribed to theaci ies and behalf me that he4k/they executed the lame in instrument - WITNESS authorized cap ty(), of which the person(s) acted, executed WITNESS my hand and official seal. Bobbi D. Haynes a 2,3938 'NOT AY PUBLIC CWFORNI Q LOS ANG"S =INTY l] �comm. Bxp..Eune d, iOGQ Signature of Notary [7 t- I Date' Lzl� Signature Owner of 1 Date Signature Owner of L 1 Date i Owner of L+ Date Signature Owner of Lc STATE OF CALIFORNIA COUNTY OF ) ss. On 1 � before me, ��-� Public personally appeared Nc IRA 4L IZ Personally Imown to me of proved to me on the basis of satisfactory evidence to bet e person(s) whose name(s) Ware subscribe,& the within me that/they executed the same went and acknowledg to Of which the person(s) acted, executed the instrument.authorized capacity(res), and b hal WITNESS my hand and official sea]. [Se" Bobbi D. Haynes Signature of Notary ,�.. Comm. #1099938 NOTARY PUBUG CAUFORN! p LOS ANGELEI COUNTY W �s.•• Comm. Exp. June S. 2000 � r , Owner of Lot Date Signature ( v + i- Owner of Lot -37 Date Signature Date Signature Owner of Lot Date Signature Owner of Lot STATE OF CALIFORNIA ) ) ss- coUNTY OF — ) On G - G - G G before me, Notary Public, personally appeared 2 0'.��#^-, personally known to me or proved to me on the basis of satisfactory evidence to be the person{) whose name(@) is/sr.& subscribed to the within instrument and acknowledged behalf me that helms executed the same in him authorized capacity( ), of which the persons}acted, executed the instrument. WITNESS my hand and official seal. T t.a;, .. oob B! D. Haynes -C Comm, �It 090438 [Seal] NOTAAv PUGUC GAUKAN115 p LCp ANCUNG COUNTY .o + Q4 MMq. Signature of Notary /�� Date Date Signature Owner of L t Signature Owner of G Dat r, �., gnature Owner of Lo 7" Date Signature Owner STATE OF CALIFORNIA ) COUNTY OF OnG - C- � before me, ��dt� v hti a N Public, personally appeared 4 ri7 personally known to me or proved to me o the basis of satisfactory evidence to be e person(s) whose name(s) mare subscribed to the within instrument and acknowledged to me that 4e4h /they executed the same in-h64wltheir authorized capacity(ies), and b hal: of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. bi D. Haynes ; Signature of Notary Bob [Seal] y:.••. Camra, M1090938 Py BLIC r. 2' BLOS ANORLi8 DOtJNTYN Comm. 8xp. luno 0, loco + Owner of Lot ZZ Date Signature Date Signature Owner of Lot Date Signature Owner of Lot Date Signature Owner of Lot STATE OF CALIFORNIA ) ) ss. COUNTY OF t A �-T '=:I ` t On N � � G —before me, _ 1 = a Notary Public, personally appeared ',3 a% -vv -s personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that he4ie/they executed the same in h ke their authorized capacity(ies), and behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary [Se 41 Bobbi D. Haynes 3 U te; waC l COMM. 09099938 PUBLIC CAwFORNIl�w `f» NOTARY LOS ANGELES =my t+ Exp. Jure 8.2000 i Comm. Date Si gaa e Owner of "Z Date 10 �2c Date Date Owner Owner of Signature Owner STATE OF CALIFORNIA } COUNTY OF ) ss. � S PuOn Z Q, — 9 C before ane, N( m Public, personally appeared :,rte -4- \ G r- 1.p ...0 ,i personally known to me or proved to me on the basis of satisfactory evidence to be tite Person(s) whose name(s) ifVare subscribed to the within instrument and acknowledget to me that he�/they executed the same in�/their authorized capacity(ies), and b hat of which the person(s) acted, executed the instrument. WITNESS my hand and official seal_ Bobbi D. Haynes [Seal] comm. 1110999$8 11�� Signature of ..a = NOTARY CALIFORNIA;; OS ANGELS& MUNTYV Comm. EXP. June 8, 2000 j, v;1 1 Owner of Lot 1 D to i ignature L 1-2 ZL�- ate j Signature Owner of Lot O ate 'Signature Owner of Lot Date Signature Owner of Lot STATE OF CALIFORNIA ) } ss. COUNTY OF ) On - - before✓e, �a Notary Public, personal appeared � �%fi'�' J 4 ✓� - personally known to me or proved to ane on the basis of satisfactory evidence to be the person(s) whose name(s) is(are subscribed to the within instrument and acknowledged to me that hewe/they executed the same in lrt*iref/their authorized capacity(ies), and behalf of which the person(s) acted, executed the instrument_ WITNESS my hand and official seat. r °.. Bobbi D. Haynes Signature of Notary �g Comm. #1084938 NOTARY PUBLIC C/uFGRNU4 IAS ANGELES COUNTY `Ill Comm. E:P..tuno 5, 2000 i 114-A, to T—qt—e---r- 11/1 Date Date ` Date V MMAJA MM, Signature STATE OF CALIFORNIA COUNTY OF personally appeared �- c �'L � r e .rAd PersonallY known to me or pr ved to me on the basis of satisfactory evidence to be t person(s) whose name(s) i!/are subscribed to the within instrument and acknowledge me that 4&4im/they executed the same in }few/their authorized capacity(ies), and b of which the person(s) acted, executed the instrument. Owner of L t Owner of L t t Owner of Owner of Nc WITNESS my hand and official seal. Bobbi 0. Haynes 3 Comm. a�asssae ISe ` NOTAAYALlaLiC tlALtFOANI Signature of Notary LOQ ANOILIs MNTV 15 o Comm. &9p, Juno 8. IID00 � to Signature Owner of Lot Da Si ' tore Owner of Lot C3 Date' Date Signature Owner of Lot�� Owner of Lot' .Jute Signature STATE OF CALIFORNIA ) ss_ COUN7Y OF 1.1 On -- before mei, tic, personally_ appeared C ' evidence to oe the personally known to me or proved to me on the basis of satisfactory person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that 4*4he4they executed the same in4-j& (/their authorized capacity(ies), and behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. r Bobbi D. Haynes Signature of Notary Comm. 01099938 4 NOTARY Pu4LM CA61FORNI [ LOS ANGELES COUNTY tl Comm. E:a. puna E. 2000 i t I z q D to Signature Owner of of TI Date Signature Owner of L of -� Date Owner of L t � L Dae Si re Owner STATE OF CALIFORNIA ) COUNTY OF) ss. On M;eme�Public, personallyappearedv��' personally known to me or proved to me on the basis of satisfactory evideLE nce to be he Person(s) whose names) flare subscribed to the within instrument and ac%nowledg d to me that he4ke/they executed the same in i,�heir authorized capacity(ies), and ehal of which the person(s) acted, executed the instrument. WITNESS my hared and official seal. Bobbi D. Haynes Signature of Notary [Sea] 0 Comm. NS09fi438 ` N07ARY 01i 114 ar►uFORN LoisANOILIAI:GUWtr Camrtl.v- luno t, 4000 '� i t � L D to Date Date Signature Owner of Lot Z� Signature Signature Signature STATE OF CALIFORNIA ) ) ss. COUNTY OF -- ) Owner of Lot Z Z - Owner of Lot Owner of Lot On _ before me, — a Notary Public, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the person{.&) whose name) iske"ubscribed to the within instrument and acknowledged to me that helsbeAhey executed the same in hi&%ff4h& authorized capacity(tes), and behalf of which the person(} acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Bobbi D. Haynes Comm. 91099838 NOTARY PUBLIC CALIFORNIA LOS ANGELES COUNW (} x- Comm ryn Jun.6.2000 s c Date Signature Owner of a Date Si Lure ;.-� Owner of Date Signature j Owner of i Date Si azure '1 Owner of I SUBSCRIBING WITNESS: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) ss. On- —C( Q-� before me, Bobbi D. Haynes, a No < personally appeared Eric Stone personally � Public for the , p nally known to me to be the person whose subscribed to the within instrument, as witness thereto, who, b by me duly si deposes and says that he was present and saw A4f.a t�L �� � z Lz� is the same persons described in and whose names are subscribed the within and ann Ked instrument as a party thereto execute the same, and that said affiant subscribed his name to t�n uzstrum t as witness at the requ of WITNESS my hand and official seal. U =, Bobbi D. Haynes r Bobbi D. Comm. #x1000038 Haynes } NO?ApY F'UOLUC CALIFQgJ�� d cnsANQ2LUCOUhrY COMM- POP. Juna d, 2000 r Date Si!�re Date Signature Owner of Lot k - Owner of Lot �q_ � r 4 Da a Signature wner of Lot VAO I � Da e SUBSCRIBING WITNE II reQwner of Lot STATE OF CALIFORNIA } ) ss. COUNTY OF LOS ANGELES ) On 1, — S 1_ -� before me, Bobbi D. Haynes, a Notary Public for the State, personally appeared Eric Stone, personally lrnown to me to be the person whose name is subscribed to the within instrument, as witness th reto, w , being b d ly sworn, deposes and says that he was Present and saw the same persons described in and whose names are subscribed to the within and annexed instrument as a parry thereto execute the same, and at sai ant subscribh e c4 the within instrument as witn Sss at the re�[uest o c �jQ WITNESS my hand and official seal. Bobbi D. Haynes Bobbi D. Haynes Comm.#1099938 JTARV PUBUG CWFORNi LDS ANGILIS COUNTY Comm. Exp. June 8, 2000 Ci Date Signature Owner of i[ (` qL L Date �`;� Signature Owner of i 1 �� Dat Signature Owner of I STATE OF COUNTY OF LOS ANGELES ss. Owner of On 1 1 - c before me, Bobbi D. Haynes, a Notary Public for the Personally appeared Eric Stone, personally blown to me to be the subscribed to the within instrument, as witness thereto, who, beingperson whose de and says tha was resent and saw by me duly s% 3g is 44=1. D4",c Persons described in and whose names are subscribed to the within and annexced instrument as a Party thereto execute the same, and hat said affiant su scribed his n the `� uistrum nt as witness at the reque of � t e to C, r�t_� iC3 �. WITNESS my hand and official seal. ;�.:. Babbi D. Haynes Comm. #11099938 Q l.' NOTARY AUSUC$ "WORNI 6 LO$ ANGELSCOLfNTY Bobbi D. Haynes - comm. 8xa. June S. 2000 543 Date Signature Owner of Lot Date Signature F{ Date IIa Date SUBSCRIBING STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES ) f Owner of Lot lam` Owner of Lot Owner of Lot J 7 On -_qLLbefore me, Bobbi D. Haynes, a Notary Public for the State, personally appeared Eric Stone, personally known to me to be the person whose name is subscribed to the within instrument, as witnessreto, who, being by me duly sworn, deposes and says that he was present and saw 4� the same persons described in and whose names are subscribed to the within and annexed instrument as a party thereto execute the same, and -94t said affiant subscribed his name to t 'thin' trument as witness t the request of C-1 h2 .n WITNESS my hand and official seal. _ D_ Haynes Bobbi D. Haynes q comm. #1099M WAY PllBU LOS ANCiSLES U0 i Comm P. ;j 61 00 Date Za2at Dat Dt SUBSCRIBING Signature STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss Owner of L ot Owner of 4t Owner of L t v Owner of L4 On - } } , before me, Bobbi D. Haynes, a Notary public for the , Personally appeared Eric Stone, Personally known to me to be the person whose subscribed to the within instrument, as witness o de s and says he was present and saw , who, being by„�ne duly s, -Ii_ the same. � Pia escribed in and whose names are subscribed to the withinand a instrument as a party thereto execute the same, an said affiant subscriW his fe 1hin instrument as witness at the request of WITNESS my }land and official seal. U ya ynes Carom. #1099938 -.. = NOTARY PUBLIC C�WFORN Bobbi D. Haynes Los AN3ELE8 AUFOR Carom. Exp. �8 COUNTY g is to 12 I Date c? at Owner of Lot Y' 3 Owner of Lot q3 Date Si a Owner of Lot . -L 1 --1 /1 Dat SUBSCRIBING ignature ; Owner of Lot WITNE Eric S STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES ) On_ _ before me, Bobbi D. Haynes, a Notary Public for the State, personally appeared Eric Stone, personally known to me to be the person whose name is subscribed to the within instrument, as witness theret, who, being by mV�%;3 y sworn, that he was present and saw _ -mz - d� �s e s an d! Ms 1t the same persons described in and whose names esu6scribea to the within and annexed instrument as a party thereto execute the same, and that idd affiant sum e his � e to the..within instrument as witness at the request of WITNESS my hand and official seal. T Bobbi D. Haynes Gomm.01 099938 N87AFY P1l8L1C C�iFORN�A� LO6 ANGEL jun6e05 X000 Cpmm. �oDbbi D. Haynes DaL�L te Si re Owner Z Date Si , ture Owner �a ILO g� DateSignature Owner i Da STATE OF COUNTY OF LOS ANGELES ss_ Owner - before me, Bobbi D. Ha ynes, a Notary Pubfic for the .4 personally appeared Eric Stone, personally known to me to be the person whose subscribed to the within instrument, as witness f`�l o, who bein by me duly s{ de ores ys that he was present and saw 4 IQ Q ��] the same persons described in and whose names are subscribed to the within and a instrument as a parry thereto execute the same, an that said t�within Instriuri eq la,,=,,cribed his � ent as witness at the r nest of + Au 0-00-�h.- WITNE S S my hand and official seal. } r $obb?I �. Haynes Comm. #1099938 D. Haynes NOTARV au04ic CALIFOANI L LOS AuN7r Comm Exa 1u�a a is to 41te�-- griatur 9L Dat >< Dat mature ,- � C-�� J�P- Dist SUBSCRIBING STATE OF CALIFORNIA ) ) ss. COUNTYOF LOS ANGELES ) Owner of Lot ��-7 Owner of Lot 7� Owner of Lot � ' Owner of Lot y� on � before me, Bobbi D. Haynes, a Notary Public for the State, personally appeared Eric Stone, personally known to me to be b he person whose name is theretoSubscribed to the within instrument, an witness a 'who, 21 r 17o riPnnces and GAYS t at_he was present _ _ \ _ ♦ i. \� D AP the same perso described in and whose names are instrument as a parry thereto execute the same, and t i } t as R+itness at the request pf tgh 1�t �' WITNESS my hand and official seal. Bobbi D. Haynes xd to the within and annexed �e s �11 his name to Comm. 01099938 OTARY PUBLIC CALIFORNI LOB ANGEM COUNTY Comm. Exp. June 9, 2000 !I t o `? Date Si a Owner o 4 Dat Signa e Owner of ate ignature Owner of Dat STATE OF CALIFORNIA } COUNTY OF LOS ANGELES ss. Owner of Lot On ' C� before me, Bobbi D. Haynes, a personally appeared Eric Stone Notary Public far the State, subscribed to the within , p� nally known to me to be the person whose name de odes � instrumeirt, as witaess thereto he �o, w�o, me d sworn, (� I , Ys at he . p present and saw , \ I -. n�y... ' the same persons described in and whose names are subscribed to the within and anne instrument as a party thereto execute the same, and the skid affian bscribed his nar, as ess at the request o z J � WITNESS my hand and official seal. Bobbi D. Haynes comm. #1099M j NOTARY A&L& G119FOAN Bobbi D. Haynes LOS Ea. Jura fi 2aoo y� is to I O 1. C� at lure Dat6 Signature '4aiiza'— Hate Si nature : ' E' STATE OF SS. COUNTY OF LOS ANGELES Owner of Lot Owner of Lot S Owner of Lot Ll Owner of Lot 1 I On l ZL before me, Bobbi D. Haynes, a Notary Public for the State, personally appeared Eric Stone, personally known to me to be the person whose name is subscnbed to the within instrument, as witness thereto, who, by me duly sworn, r dfposes M�nrd sa s tha�j he was present and saw D� the same persons described in and whose names are subscribed to the within and annexed instrument as a parry thereto execute the same, and diat said affiant suubuibed his name to tie wi as witness at the requeq WITNESS my hand and official seal. �•ss Bobbi D. Haynes Comm, #1062938 MAY OUBUC CAUFORNE X LOB ANQEM COUNTY W COMM. EXP. Juno E. 2000 :1, 7--3 INTEROFFICE MEMORANDUM CITY OF DIAMOND BAR TO: Mayor and City Council FROM: Terrence L. Belanger, City Manager, SUBJECT: City Hall Office Space DATE: July 1, 1997 'ISSUE: Shall the City lease office space, if so, for what term of years; and, to plan for the building of a center or city hall? RECOMMENDATION: It is recommended that the City Council approve a three (3) year lease for Suites 100 and 190, a 21660 E. Copley Drive. The FY 1997-98 lease amount would be $139,095; FY 98-99 would b $147,52.5 ; and, FY 99 -00 would be $155,955. It is noted that the City Council has budgeted monic (FY97-98) to retain an architect to do a needs analysis, a space study and building/site planning for a civic center or city hall. Further, the staff continues to evaluate the feasibility of increasing office space, at the 21660 E. Copley location. nbw attachment ORDINANCE NO. AN ORDINANCE OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING AND ADOPTING THE REDEVELOPMENT PLAN FOR THE DIAMOND BAR ECONOMIC REVITALIZATION AREA THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The Diamond Bar Redevelopment Agency (the "Agency") has prepared a Redevelopment Plan (the "Redevelop ent Plan") for the Diamond Bar Economic Revitalization Area (the "Project Area") and has recommended approval of the Redevel pment Plan by the City Council of the City of Diamond Bar (the "City Council"). SECTION 2. The Redevelopment Plan entitled "Redevelopment Plan for the Diamond Bar Economic Revitaliza ion Area," which is on file in the office of the City Clerk of he City of Diamond Bar, is hereby incorporated by this referen e. SECTION 3. As established in the Redevelopment Plan, the purposes and intent of the City Council with respect to the Project Area are to eliminate the conditions of blight existing in the Project Area and to prevent the recurrence of blighted conditions within the Project Area by undertaking all appropriate redevelopment projects pursuant to the Community Redevelopment Law, California Health and Safety Code Section 33000, et seg. (the "Community Redevelopment Law"), including but not—limited to, providing public improvements and community facilities, providing for the rehabilitation of commercial structures, encouraging employment opportunities, and increasing, improving or preserving low and moderate income housing. SECTION 4. Based upon the record of the joint pu lic hearing on the Redevelopment Plan, and the various reports And other information provided to the City Council, the City Council hereby finds and determines that: A. The Project Area is a blighted area, the redevelopment of which is necessary to effectuate the public purposes declared in the Community Redevelopment Law. The Project Area is characterized by a combination of conditions that are so prevalent and so substantial that it causes a reduction of, and lack of, proper utilization of the area to such an extent that it constitutes a serious physical And .economic burden on.the community which cannot be expected to be reversed or alleviated by private enterprise or governmental action, or both, without redevelopment. Approximately 65 percent of all buildings and 58 percent of all parcels suffer from one or more physical blighting condition. Approximately 49 percent of all buildings nd 39 percent of all parcels suffer from one or more economi 970527 10572-00001 OWS 1600169 blighting condition. Overall, approximately 90 percent of all buildings and 71 percent of all parcels suffer fro7 one or more physical and/or economic blighting conditions. In addition, the Project Area is characterized by economic blighting conditions which are not site specific, such as declining building permit activity and retail sales to revenues. Conditions in the Project Area include, but are not li ited to, the following described physical and economic conditions that cause blight: Approximately 62 percent of the buildings (46 percent of the parcels) in the Project Area are in need of maintenance ranging from deferred maintenance to extensive rehabilitation. 132 buildings (53 percent) are in need of deferred maintenance; 21 buildings (over 8 percent) are in need of moderate rehabilitation, and one building is in need of extensive rehabilitation. Conditions of deterioration include damaged exterior building materials, deteriorated roofing material and eaves, sagging roofs, broken windows, nonstructural damage, chipped and peeling paint, exposed wiring and outdoor storage of materials and debris. These conditions cause the buildings to be unsafe or unhealthy for persons to live or work and reflect a lack of investment by property owners to maintain or improve their properties in standard condition. The process of deterioration can be self-perpetuating; the presence of properties which ex ibit signs of deterioration deter owners of neighboring properties from improving or maintaining their properti s. Approximately 27 percent of all buildings (17 percent of all parcels) in the Project Area exhibit one or more conditions of defective design, including inadequate vehicular access, substandard building materials and inadequate loading areas. Inadequate vehicular access plagues the majority of the smaller retail centers in the Project Area. Typically, these centers provide very limited access points for business patrons. In addition, lack of or inadequate loading areas results in trucks loading and unloading i parking lots, often impeding access to businesses and restricting traffic flow, and resulting in potentially hazardous situations for business patrons. These conditions also limit the potential for private sector development and redevelopment to effectively utilize properties sufferi g from high vacancies, deterioration and defective design. 24 percent of the buildings (17 percent of the parcels) in the Project Area have one or more characteristic of substandard design, including obsolescence and outdoor storage and/or production. Commercial retail centers in the Project Area are isolated, with virtually no freeway or major right-of-way visibility and limited access. The obsolete nature of the Project Area's strip retail centors 970527 10572-00001 ows 1600109 -- 2 - and shopping centers (which are primarily smaller unanchored strip centers constructed in the 1970's and 1980's wit little or no improvements or upgrades) has resulted in high vacancies, high turnovers, profitability problems, and limited shopping opportunities for Diamond Bar residents. These limited opportunities have led to residents purcacing goods and services outside of the City, causing signif cant retail sales leakage. Approximately 20 percent of the buildings (16 percent of parcels) in the Project Area do not have parking which is adequate to effectively conduct business and many of the older commercial buildings are built to the property 1'nes. In addition to negatively affecting business operations, the lack of parking interferes with vehicular and pedestrian circulation_ Many of the light industrial and commercial uses located in the Project Area also lack sufficient off street parking and, as a result, employees and patrons are forced to park along the streets, and in some cases residential streets, adjacent to these uses. Geotechnical hazards and problems, such as landslides and critical flood control and drainage deficiencies, have impeded the adequate utilization of the land. Improvements are required to mitigate potential landsliding, tloodiiig and drainage problems, thereby discouraging investment in the properties. 12 parcels are incompatible to adjoining or nearby uses. For instance, industrial uses surrounding Walnut Eleme tart' School have resulted in a number of problems such as traffic and noise. The large volume of industrial traffic poses significant safety threats to school children traveling to and from school. 48 parcels (15 percent) located throughout the Project Area are irregularly formed and shaped and under multiple ownership. These parcels are a barrier to development because they are frequently difficult or impossible to use without combining with other parcels. 10 of the 15 retail shopping centers (66 percent) are in multiple ownershi . Because of diversity of ownership, as well as small lots sizes, it is unlikely that the reuse or private redevelopment of deteriorated and obsolete properties vill be possible without a land assembly effort. Secured assessed property values in the Project Area decreased by 11 percent from 1993-94 to 1996-97, compa ed to a 3 percent increase in assessed valuation City-wide a d a two percent decrease County -wide. Approximately 32 pe cent of all parcels in the Project Area have experienced decreases in property values over this same time perio Land prices throughout the Gateway Corporate Center hae dropped by 50% per square foot in the last year. 970527 10572-00001 ows 1600109 - 3 - From 1994 through 1996 only two building permits have een issued for new construction in the Project Area, with total value of only $365,000. During this same time period, 9 building permits were issued in the City of San DimaE with a total value of approximately $16 million, 55 buildin permits for new construction were issued in the City o Pomona with an approximate value of $20 million, and3 building permits for new construction were issued in t e City of Brea with an approximate value of $26 million. 6 sites in the Project Area have been identified by th California State Water Resources Control Board as having leaking underground storage tanks. The high cost of remediation, particularly if the site is considered foi a change of land use, makes the private development of t ese sites costly and problematic. The majority of the commercial businesses in the City are located within the boundaries of the Project Area. Ta able retail sales per capita in the City in 1994 was $3,023, which is among the lowest in the San Gabriel .Valley re ion. The retail sales per -capita in surrounding cities, suc as Brea, Chino and West Covina were $16,646, $6,895, and $6,722, respectively, representing per capita taxable sales that are approximately 100 percent to 500 percent higher. The City is experiencing significant retail leakage. number of surveyed residents of Diamond Bar believe that existing retail centers require improvements or upgrades. 67 buildings (27 percent), including over 150 tenant s aces, are partially or 100 percent vacant. Of these, 22 are commercial office, 13 are light industrial, and 32 are commercial retail. Retail, industrial and office vacancy rates in Diamond Bar are higher than in surrounding communities. Overall, the average vacancy rate for al Project Area retail centers is 24 percent while office vacancy rates range from 20 to 40 percent. The Project Area is characterized by inadequate public infrastructure,_ improvements and facilities, which contributes to the stagnation of the area's development and limits the use and reuse of existing commercial and industrial structures. Existing landscaping, streetscaping, and public facilities are in need of upgrading or expanding to provide a pedestrian -friendly environment that encourages business patronage and private sector investment. The conditions described above are causing and will increasingly cause a reduction of and lack of proper utilization of the Project Area to such an extent that it constitutes a serious physical and economic burden on t e community (including decreased property tax revenues and 970527 10572-00001 ows 1600109 - 4 - sales tax revenues) which cannot be expected to be rev rsed or alleviated by private enterprise or governmental action, or both, without redevelopment. B. The Redevelopment Plan would redevelop the Project Area in conformity with the Community Redevelopment Law and in the interests of the public peace, health, safety and welfare. The implementation of the Redevelopment Plan will assist in the elimination of conditions of blight within the Pro ect Area and prevent their reoccurrence. The Redevelopment Plan provides for the installation and construction of public improvements. The Redevelopment Plan also provides for the rehabilitation of public and private structures. These improvements are essential to encouraging private investment and eliminating the conditions of blight in the Project: Area and preventing their reoccurrence. C. The adoption and carrying out of the Redevelopment Plail is economically sound and feasible. Under the Redevelopment Plan, the Agency will be authorized to seek and utilize a variety of potential financing resources, including property tax increment revenues; the nature and timing of redevelopment activities will depend on the amount and availability of such financing resources, including to increment revenue generated in the Project Area; no redevelopment activity will be undertaken unless the Agency can demonstrate that it has adequate revenue to fina=4 the activity; and sufficient public and private financial resources, when taken together with tax increment revenue, will be available to carry out the proposed redevelopm nt activities of the Agency. The Agency will issue its tax increment bonds or other obligations payable from tax increment revenues only when such revenues are projeCtEtd to be available to the Agency in amounts sufficient to pa for the principal of, and interest on, such bonds. In.add'tion, there are available to the Agency other methods of financing its redevelopment activities, including but not limitec to bonds issued pursuant to Health and Safety Code Sectio 33750 or Section 33641(d). The Agency may receive financial assistance from the County of Los Angeles, State of California, the federal government, and any other public agency. As available, other funds also may be used to pay the costs of the Agency's redevelopment activities, including, but not limited to, Community Development Bock Grant funds. D. The Redevelopment Plan is consistent with the General Elan of the City of Diamond Bar, including, but not limited to the General Plan's Housing Element, which substantial) complies with the requirements of Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of TitlE 7 of the Government Code, as set forth in the findings of t e Planning Commission in its PC Resolution No. 97-5, ado ted on April 8, 1997 and its PC Resolution No. 97-9, adopt d on 970527 10572-00001 ows 1600109 - 5 - May 27, 1997. The Redevelopment Plan proposes land us s and public improvements contemplated by the General Plan a d the goals and objectives of such Plan. E. The carrying out of the Redevelopment Plan would promote the public peace, health, safety, and welfare of the City of Diamond Bar and would effectuate the purposes and policies of the Community Redevelopment Law. The implementatiori of the Redevelopment Plan will assist in the elimination of conditions of blight within the Project Area. The Redevelopment Plan provides for the installation and con- struction of public improvements, the rehabilitation o public and private structures, the removal of obsolete and substandard structures, and the assemblage of land into parcels suitable for modern, integrated development. Under the Redevelopment Plan the improvement of the public infrastructure, including the street and traffic circuation system improvements will correct existing deficiencies F. The condemnation of real property is necessary to the execution of the Redevelopment Plan, and adequate provisions have been made for payment for property to be acquired as provided by law. The assemblage of parcels for develo ment and the completion of the proposed public improvements may involve real property acquisition. No real property will be condemned without the payment of compensation as requi ed by law. Further, adequate moneys will be budgeted by the Agency for the acquisition of real property required b the implementation of the Redevelopment Plan. G. Although the Agency intends to accomplish all redevelopment pursuant to the Redevelopment Plan with as little displacement of families and persons as possible, the Agency has a feasible method or plan for the relocation of families and persons displaced from the Project Area if the Redevelopment Plan may result in the temporary or permanent displacement of any occupants of housing facilities in the Project Area. The Agency has adopted a method of relocation for the Project Area which incorporates the California Relocation Assistance and Real Property Acquisition Guidelines. H. If any displacement occurs as the result of implementation of the Redevelopment Plan, there are, or shall be provided, in the Project Area or in other areas not generally leEs desirable in regard to public utilities and public and commercial facilities and at rents or prices within the financial means of.the families and persons who may be displaced from the Project Area, decent, safe, and sanitary dwellings equal in number to the number of, and availa le to, such displaced families and persons and reasonably accessible to their places of employment. 970527 10572-00001 ows 1600109 — 6 — I. Families and persons shall not be displaced prior to the adoption of a relocation plan pursuant to Sections 3341.1 and 33411.1 of the Community Redevelopment Law. Dwelling Units housing persons and families of low or moderate income shall not be removed or destroyed prior to the adoption of a replacement housing plan pursuant to Sections 33334.5, 33413 and 33413.5 of the Community Redevelopment Law. The A ency has adopted a method of relocation for the Project Are which incorporates the California Relocation AssistanCE and Real Property Acquisition Guidelines. The method provides that no persons or families of low and moderate income shall be displaced unless and until there is a suitable housing unit available and ready for occupancy by such displac d person or family at rents comparable to those at the time of their displacement. Section 533 of the Redevelopment Plan provides that whenever dwelling units housing persons End families of low or moderate income are destroyed or reoved from the low and moderate income housing market as par of a redevelopment project, the Agency shall, within four y ars of such destruction or removal, rehabilitate, develop cr construct, or cause to be rehabilitated, developed or constructed, for rental or sale to persons and familieE of low or moderate income,. an equal number of replacement dwelling units at affordable housing costs within the territorial jurisdiction of the Agency. 75 percent of the replacement dwelling units shall replace dwelling unit available at affordable housing cost in the same incom 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 dent oyed. J. There are no noncontiguous areas of the Project Area. K. Inclusion of any lands, buildings, or improvements which are not detrimental to the public health, safety, or welfa e is necessary for the effective redevelopment of the area cf which they are a part; any such area included is necessary for effective redevelopment and is not included for the purpose of obtaining the allocation of tax increment revenues from such area pursuant to Section 33570 of t e Community Redevelopment Law without other substantial justification for its inclusion. Any such lands, buildings or improvements are an integral part of the Project Area and their proximity to substandard lands, buildings or improvements requires their inclusion within the Project Area to ensure proper and comprehensive planning and redevelopment. Since conditions of blight are prevale t throughout the Project Area, it is not feasible to exc ude the lands, buildings, or improvements which are not detrimental to the public health, safety and welfare. L. The elimination of blight and the redevelopment of the Project Area could not be reasonably expected to be accomplished by private enterprise acting alone without the 970527 10572-00001 owS 1600109 — 7 — aid and assistance of the Agency. Substantial public improvements must be constructed to assist in the elimination of the conditions of blight in the Project Area. The extent of the required public improvements cannot De accomplished by private enterprise acting alone. The detrimental conditions of inadequate infrastructure gr atly impede the Project Area's proper utilization and its a ility to develop and address conditions of blight. Further, the combined effects of the conditions of blight in the Pr jest Area, such as the deficient buildings, inadequate infrastructure and the negative, non -motivational inve tment environment and lack of economic motivation caused by excessive costs, all contribute to the conclusion that conditions of blight will not be eliminated in the Project Area by private enterprise acting alone. The cost of rehabilitation is prohibitive, especially when property values are falling. The existence of irregularly shaped and inadequately sized parcels in multiple ownership discourages private investment because new development cannot meet current zoning, building and design standards and reparcelization of land by the Agency may be necessary In addition, incompatible land uses within the Project Ara cannot be eliminated without the aid and assistance of the Agency. M. The Project Area.is predominately urbanized, as defined by subdivision (b) of Section 33320.1 of the Community Redevelopment Law. Of the approximately 1,300 acres in the Project Area, approximately 1,225 acres are developed for urban uses or are an integral part of one or more area developed for urban uses which are surrounded or substantially surrounded by parcels which have been or are developed for urban uses. within the Project Area the e are approximately 75 acres of vacant, nonurbanized land, o six ,percent of the total area in the Project Area. Therefre, 94 percent of the Project Area is predominantly urbani ed. N. The time limitations that are contained in the Redevelopment Plan are reasonably related to the proposed projects to be implemented in the Project Area and to the ability of he Agency to eliminate blight in the Project Area. The total estimated cost of the public projects, programs and improvements needed to redevelop the Project Area is approximately $181 million. It is estimated that over the life of the Redevelopment Plan, approximately $405 million in tax increment revenues will be generated from the Project Area and up to $183 million will be available after paying statutory pass-through amounts and depositing 20 perce t of the tax increment into the Low and Moderate Income Housing Fund. In the event that bonds are issued, up to $174 million of tax increment will remain after paying debt service on approximately $47 million of bond principal This amount could be available to pay for Agency proje is and may provide a hedge against likely cost inflation. 970527 10572-00001 ows 1600109 - 8 - Therefore, the total cumulative revenues available for projects is estimated to be approximately $183 million The 30 -year duration of the Redevelopment Plan, the 20 --yea limit on the establishing of loans, advances and indebtedness, and the 45 -year limit on the repayment o indebtedness are necessary in order to assure sufficie t time to generate adequate tax increment revenues from he Project Area to implement the redevelopment activities and to repay debt, including bonded debt. O. The City Council is satisfied that permanent housing facilities will be available within three years from t1le time occupants of the Project Area may be displaced an that, pending the development of such facilities, there will be available to such occupants who may be displaced adequate temporary housing facilities at rents comparable to th se in the City of Diamond Bar at the time of their displacem nt. SECTION 5. The Redevelopment Plan is hereby appr ved and adopted and is hereby designated as the official redevelopment plan for the Diamond Bar Economic Revitalizat on Area of the Diamond Bar Redevelopment Agency. SECTION 6. The City Clerk is hereby authorized a d directed to certify to the passage of this Ordinance by the City Council and shall cause it to be published as required by 1 w. SECTION 7. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held tc be invalid or unconstitutional by the decision of any court of competent jurisdiction., such decision shall not affect the validity of the remaining portions of the Ordinance. The City Council hereby declares that it would have passed this Ordi ance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. PASSED, APPROVED and ADOPTED this day of . 1997. MAYOR ATTEST: CITY CLERK 970527 19572-00001 ows 1600109 — 9 — I, LYNDA BURGESS, City Clerk of the City of Diamond Baic, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Ear held on the 1st day of July, 1997 and was finally passed at a regular meeting of the City Council of the City of Diamond Far held on the 15th day of July, 1997, by the following vote: AYES: COUNCIL MEMBERS: Ansari, Werner, MPT/Herrra and M/Huff NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Harmony ABSTAINED:COUNCIL MEMBERS: None Lynda Burgess, City Clerk City of Diamond Bar as duly and regularly passed and adopted by the City Council of the City of Diamond Bar, California, at its regular meeting held on the day of 1997, by the following vote to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: City Clerk, City of Di California 970527 10572-00001 ows 1600109 — 10 — Bar MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL FROM: TERRENCE L. BELANGER, CITY MANAGER A�y RE: REWARD FOR INFORMATION LEADING TO THE ARREST AND CONVICTION OF THE INDIVIDUAL(S) RESPONSIBLE FOR THE DE TH OF WANDELL BEAVERS DATE: JULY 1, 1997 RECOMMENDATION: It is recommended that the City Council offer a reward of $10,000.00 for informatiol which leads to the arrest and conviction of the individual(s) responsible for the death Wandell Be6vers. It is further recommended that the reward be funded from the Narcotics Assets Confiscation Fund. DISCUSSION: Diamond Bar resident WandeIl Beavers was murdered in her home, earlier this year. Law enforcement officials believe that the offer of a reward could assist in the acqui of information that would lead to the arrest and conviction of the individual(s) responsible for the murder of Wandell Beavers. D I A M O N D B A R CHAMBER OF COMMERCE June 13, 1997 Robert S. Huff, Mayor & Council members City of Diamond Bar 21660 E. Copely Drive Suite 100 Diamond Bar, CA 91765-4177 Dear Mayor Huff & Council members: To add to my letter of June 4, 1997 and the Diamond Bar Chamber of Commerce' proposed "Contract of Services," I am herewith submitting for your review, the Chamber's 1997/98 B along with our very ambitious Program of Work for this year. I am hopeful that these documents along with the previously submitted documents, will give the necessary information to give our request for a Contract with the City of Diamond Bar, positive consideration. If you have any questions, please don't hesitate to call me. Sincerely yours, Heinz J. Gehner President Diamond Bar Chamber of Commerce cc: Terry Belanger SUITE ONE, RADISSON INN ® 21725 EAST GATEWAY CENTER DRIVi; ® DIAMOND BAR, CALIFORNIA 91765 (909) 861-2121 ® FAX (909) �i�1-1753 CITY OF DIAMOND BAR/DIAMON'D BAR CHAMBER OF COMMER AGREEMENT THIS AGREEMENT, made by and between the City of Diamond Bar, California, a Muni ipal Corporation, hereinafter termed the "City". and the Diamond Bar Chamber of Commerce. a non-profit corporation, hereinafter termed the "Chamber". WITNESSETH WHEREAS, the City is desirous of promoting the existing commercial and Indus 'al businesses and the desirability of disseminating information to said existing commercial and industrial businesses, and of properly following up and giving consideration to inquiries for assistance to existing businesses made from time to time relative to various promotional opportunities in said City- and WHEREAS, the Government Code authorizes the expenditures of monies accruing to the General Fund for such activities; and WHEREAS, the Chamber is organized for and equipped to carry on the promotio of existing commercial and industrial businesses on behalf of said City and to publicize and assist these businesses to their best advantages, NOW, THEREFORE, in consideration of the premises and covenants and promises, hereinafter set forth, the parties hereto do hereby agree as follows: 1. The Chamber will undertake the following programs in implementation of the above promotional activities on behalf of the existing businesses community of the City of Diamond Bar as follows: a. To employ a full time competent professional manager or executive director to properly carry out this Agreement and other tasks and programs considered appropriate by the Ch ber membership. b. To promptly give assistance relative to the existing commercial and industrial business advantages and opportunities in the City, and to disseminate information by correspondence, media promotion and publicity, and personal contacts favorably advertising such advantages ind opportunities of existing businesses. c. To plan, organize, find, coordinate, and implement educational programs, seminars. d activities for the purpose of assisting local businesses in maximizing productivity and profitability. d. To educate, promote, and inform the business community through the preparation f a monthly Chamber Newsletter. e. To compile and publish a directory of service and social organizations including offic rs, addresses, etc. f. To compile and make available an Annual updated Commercial and Industrial Busir ess Directory, listing pertinent data on all commercial and industrial firms located within the comm ty for use as requested. J g. To provide input to the City on matters pertaining to the status of businesses within the City. h. To establish and promote fund raising and/or other programs designed to promote existM g businesses within the City. i. Provide a "Welcome" type program designed to acquaint all new residents with the Ci 's business community and City private and government services. 2. Chamber shall render a full and accurate accounting for all expenditures made by it pursuan to this Agreement. 3. That in consideration of the services provided herein, the City shall pay annually $36,000 In twelve equal payments of $3.000. 4. As further consideration for the covenant aforesaid of the City to pay said funds to the Charuber, the Chamber hereby covenants that it will not use its name or funds, or permit or suffer its narr e or funds to be used, in connection with the election, nomination, support, publicity, endorsement, or appointment of any officer or employee of the City or of any other governmental agency. And, furthermore, the Chamber shall refrain from participation in the distribution of pamphlet or handbills of any kind favoring or opposing any candidate for election to any City office or tc the office of any quasi -municipal agency of which the City area is a part. 5. The Chamber shall furnish periodic reports of its activities to the City. 5. The City Council or the Chamber of Commerce, upon thirty (30) days written notice, nay terminate this Agreement. 7. This Agreement supersedes all previous agreements between the City of Diamond Bar anthe Diamond Bar Chamber of Commerce. Unless renewed by mutual execution, this agreement all expire June 30, 1998, IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by properly authorized officers on this 00 day of May, 1997. City of Diamond Bar Mayor City Clerk APPROVED AS TO FORM: City Attorney Diamond Bar Chamber of Commerce President Executive Director DIAMOND BAR CHAMBER OF COMMERCE DIAMOND BAR CHAMBER OF COMMERCE DIAMOND BAR CHAMBER OF COMMERCE DIAMOND BAR CHAMBER OF COMMERCE DIAMOND BAR CHAMBER OF COMMERCE DIAMOND BAR CHAMBER OF COMMERCE DIAMOND BAR CHAMBER OF COMMERCE DIAMOND BAR CHAMBER OF COMMERCE DIAMOND BAR CHAMBER OF COMMERCE DIAMOND BAR CHAMBER OF COMMERCE DIAMOND BAR CHAMBER OF COMMERCE DIAMOND BAR CHAMBER OF COMMERCE DIAMOND BAR CHAMBER OF COMMERCE DIAMOND BAR CHAMBER OF COMMERCE '997=98 PROPOSED BUDGET Revised 6/14/97 PROGRAM OF WORK AND BUDGET PROGRAM OF WORK AND BUDGET PROGRAM OF WORK AND BUDGET PROGRAM OF WORK AND BUDGET PROGRAM OF WORK AND BUDGET PROGRAM OF WORK AND BUDGET PROGRAM OF WORK AND BUDGET PROGRAM OF WORK AND BUDGET PROGRAM OF WORK AND BUDGET PROGRAM OF WORK AND BUDGET PROGRAM OF WORK AND BUDGET PROGRAM OF WORK AND BUDGET PROGRAM OF WORK AJND BUDGET PROGRAM OF WORK AND BUDGET PROGRAM OF WORK AND BUDGET PROGRAM OF WORK AND BUDGET PROGRAM OF WORK AND BUDGET PROGRAM OF WORK AND BUDGET PROGRAM OF WORK AND BUDGET Diamond Bar Chamber of 21725 E. Gateway Center Dri Diamond Bar, CA 91765 FAX (9©9)861-1'753 9 (909) 1-2121 DIAMOND CHAMBER OFC®'MMERCE I 0 • Community Development Department GOAL To obtain balanced community development and establish good social and cultural programs by im- plementing the following activities: 1. Hello, Diamond Bar: Hello, Diamond Bar is a networking breakfast program, where Chamber members will have an oppor- tunity to make presentations on their businesses. 2. Mixer Committee: To provide a monthly social gathering of the membership to stimulate and increase business development within a relaxed atmosphere. 3. Community Service Awards: Community Service Awards give the community an opportunity to thank several of its outstand- ing citizens who have distinguished themselvesthrough organiza- tionaI activities or individual efforts to make Diamond Bar a better place to live. 4. Golf Tournament Committee: Responsible for planning the annual Golf Tournaments. 5. General Membership Meetings: To provide an opportunity for a close relationship between business leaders through luncheon meetings and breakfasts based on a timely topic of interest to the general membership. 5. Fun Projects: Should provide a social gathering of the mem- bership to stimulate and increase business development and give the opportunity for closer relationships between business and the residents of Diamond Bar. These fun projects such as the City Birth day Celebration, Ranch Festival, Silent Auction. and Las Vegas Night have proven to be excellent PR and fund-raisers for the Chamber. 7. Awards Luncheon for Sheriffs & Firefighters: This will give the business community and citizens of Diamond Bar a way to say thank you to the Deputy Sheriffs and Firemen who serve Diamond Bar. 8. Health Faire: Local medical specialists offer free screenin'. Services that are available at the Health Faire include: blood pressure test, glaucoma examination, hearing test, dental exams and chiropractic advice. All with the aim to improve the health of the Diamond Bar residents. 9. Study and evaluate the following projects: Business -Educa- tion project, Health Faire, Classic Auto Show. 10. The Ambassadors: They serve as the viable and visible "goodwill arm" of the Chamber. Business Development Departnent GOAL To create a favorable business climate and insure economic growth for Diamond Bar by im lementing the following activities 1. Shop Diamond Bar: Shop In Diamond Bar is a campaign to stop the leakage of sales tax dollars from leaving Diamond Bar. 2. Visitor & Conventions Development: Workin-conjunction with Fairplex, lodging, restaurants, etc. 3. Public Access Corporation: The Chamber will participate with the Public Access Corporation in establishir g several TV shows. The Chamber has a broad background in all areas through its volunteers. 4. Seminars and Conferences Committee: The Chamber will put on a series of seminars on timely topics ab ut which the community may have an interest. 5. Chamber Services Committee: This commi ee will study current Chamber services and cost, and took at addi ional services that the Chamber may offer to its members. b. Certificates of Origin: For those businesses e porting goods out of the country. 7. Business Expo: Have a Business Expo in D' and Bar in. 1997-98. 8. The Economic Development: Committee wil I look at ways to help existing businesses, and to do a complete inventory of all empty buildings in Diamond Bar. The committee wi I also have the responsibility of setting up a program to attract businesses to Diamond Bar. 9. Co-op Advertising Programs Committee: Sti dy and evalu- ate the Chamber putting together co-op advertising rograms that will advertise Chamber businesses in the least expensive way. 10. Super Saver Card: Study and evaluate the 2hamber pro- viding a discount card to Chamber members; to rec ive discounts from participating Chamber members. 11. Welcome New Residents: This program will acquaint new residents with the city's business community, and private and government services. 1997-98 Program of Work Business -Government Department GOAL To obtain the best possible legislation and govern- ment that affects the Diamond Bar area by imple- menting the following activities: 1. Legislative Committee: Study legislation affecting the local Business Community and make recommendations to the Board of Directors for possible action. 2. Eggs & Issues- Promote breakfast meetings featuring pro- grams and topics of interestto the business person in legislation and political areas. 3. Legislative Column: Column in the Diamond Bar View on legislation, and encourage Chamber members to correspond with their elected officials. 4. Planning Retreat Committee: The Planning Retreat is a get-together of people in Diamond Bar to isolate some of the problem areas that the community should work on and come up with solutions. 5. Membership Meetings: Six Seminars and/or General Mem- bership meetings will be planned to address areas of major concern to small businesses. Internal Operations Department GOAL To develop a strong membership of business f iirms, inform them on items of interest, enhance the success of he Chamber by implementing the following activities: 1. Program of Work Committee: Establishes g als & objec- tives for the Chamber. 2. Budget and Financing Committee: Establish s the budget and ensures adequate financing for the Chamber. 3. Nomination & Election Committee: Seeks qi alified nomi- nees fiom the membership for the Board of Directo , and nomi- nates, from the Directors, the officers. Supervises elections. 4. New Members Orientation Committee: Me is with new members to explain the Chamber and develop additional new manpower from the new members. 5. By-laws Committee: Studies and makes chang s to By-laws as needed. 5. Policy & Procedures Manual Committee: Review policies & procedures. 7. Evaluation of City Contract Committee: is committee will study and make recommendations for a City Cc tract. DIAMOND BAR CHAMBER OF COMMERCE PROPOSED BUDGET 1997-98 INCOME / EXPENSE INCOME MEMBERSHIP INCOME 1. MEMBERSHIP RENEWAL DUES S 5,5001 This is the residual dues left over after converting to an annual billing. This amount does not inc any additional money coming from an increase in dues. For budget purposes, it is anticipated a maximum of 35% of the membership will be lost through the economic climate, going o; business, etc. 2. COMMISSION SALES 531,680/ A commissioned salesperson for the recruitment of new members for membership and reteni The commission rate will be 50% on new memberships. The commission rate will be 30% fc other projects. 3. BOARD S -0-/ During the year, officers and members of the Board of Directors and others will be recruiting members. 4. CHAMBER STAFF 51,815/ These members are brought in by office staff. 5. MEMBERSHIP DRIVE S -0-/ The Chamber will have a one -day membership drive sometime during the year. INCOME OTHER 6. PUBLICATION SALES S -0-/ The Chamber will offer the following publications for sale: of all Chamber Members Non -Members Business Directory I Free $15.00 Business Packet 1 Free $20.00 Diamond Bar Demographics 1 Free $5.00 Diamond Bar Census 1 Free 55.00 Map 1 Free $1.00 Maps in Bulk Over 10-50% Disc. N/A Mailing Labels (5 -Cents Per Label) Clubs & Org. labels I Set Free $2.00+$.05 per label Diamond Bar Churches 1 Set Free $2.00 +$.05 per label Diamond Bar Business labels $25.00- $25.00+$.05 per label Membership Labels $25.00 Not for sale Certification of origin Free $10.00 Staff -time: Staff will collect data or work on projects for members or non-members. Members: hour free, additional hours $25.00 per hour. Non-members: $25.00 per hour. of all 7. INTEREST $ -04 Interest earned on checking & savings accounts. 8. MISCELLANEOUS INCOME S-04 Incidental expenses that do not fall into any major categories. 9. CITY CONTRACT $27,000/ The Chamber has presented a proposal to the City of Diamond Bar for a contract with the Cil $36,000 per year. If passed and is effective July 1, 1997, $27,000 would be the amount receive this fiscal year. EXPENSE 20. SALARIES /$39,600 Salaries include Executive Director, Office Secretary. Current Staff will work a four day work week, from 9:00 a.m. to 4:00 p.m. 21. OUTSIDE COMMISSIONED SALES /S15,840 This will cover the commissions for new member recruitment and membership retention. 22. PAYROLL TAXES /S 3,930 This covers employer's share of required payroll taxes. 23. ACCOUNTING /$ 900 This includes monthly preparation of financial reports; and payroll, state and federal tax i 24. AUTO EXPENSE /S 1,200 Staff will receive a flat rate of $100 per month. 25. BUSINESS RELATED EXPENSE /S 420 Covers out-of-pocket expenses for staff members. 26. CHAMBER OPERATIONS /$ 8,700 Covers all internal operations and promotional activities that do not normally bring in rev 27. POSTAGE /$ 3,817 This includes first --class and bulk postage and all permits as well as postage meter rental. 28. TELEPHONE /S 2,700 This represents telephone service. 29. INSURANCE - DIREC'T'ORS LIABILITY IS 2,030 30. INSURANCE - WORKERS COMPENSATION /S 600 31. INSURANCE - LIABILITY /S 600 32. RENT /510,788 Rental of Chamber office. 33. OFFICE EQUIPMENT & MAINTENANCE /S 1.200 This will keep office equipment up-to-date and in working order. 34. DUES AND SUBSCRIPTIONS /$ 600 DUES California Chamber of Commerce Western Association of Chamber Executives Chamber of Commerce of the United States American Chamber of Commerce Executives So. Calm Assn. of Chamber Executives SUBSCRIPTIONS Pacesetter and other related publications for for 35. EDUCATION -STAFF 51,170 Post Graduate Work at the Institutes for Organizational Management. 36. SEMINARS AND CONFERENCES /S 3000 This will cover management expenses at various Chamber management organizations, managE meetings and conferences, such as trips to Sacramento with Clout. 37. BAND CHARGES $ 960/ 38. MISCELLANEOUS EXPENSE /$3,430 Incidental expenses that do not fall into any major categories. Pay off back rent. 1996 Tournament bills, etc. SPECIAL PROJECTS Every effort will be made to have a 25% income over expenditures. The money is to off -set overl lead expenses and staff -time. All income and expenditures are net figures. VIEW AND ®VER VIEW The communications between the Chamber and its members are vital. Our goal is to have the est newsletter possible and to have it self-supporting by the sale of advertising. 44. VIEW S22,000/ The VIEW is the official publication of the Diamond Bar Chamber of Commerce. The tabloid -s ed newspaper is published on a monthly basis. Advertising in the View will be open to Chamber members only. The Chamber will try to sell the majority of the advertising on a quarterly b sis. When the ads are sold on a quarterly basis, the advertiser will have the same placement in each View. This will save much staff -time on lav -outs. The ads will be of a standard size. 45. OVERVIEW FLYER INSERTS S 6001 The OVERVIEW, a monthly publication, will carry announcements of upcoming events. Wi the OVERVIEW, the Chamber w -ill continue its policy of insert advertising. Inserts are 560.00 per issue, for members only. 46. WELCOME NEW RESIDENTS PROJECT S -0-/ As part of the proposed City Contract agreement, a monthly mailing will be done approximatel y to approximately 50 new homeowners per month. Mailing labels can be purchased. The cost of m ' ing each piece will be . This does not include staff time for inserting and preparing the envelopes for mailing_ The mailing includes the Diamond Bar View; a map; a welcome letter from the m yor and president of the Chamber; and fiver insertions. To off -set these costs the Chamber will eive Chamber members the opportunity to piggyback this with fivers advertising their business for 120 a year. Advertising in this project will be open to Chamber members only. Costs beyond the income from this project will be charged to Welcome New Residents and postage accounts. 47. GENERAL MEMBERSHIP MEETINGS S -0-I Six Seminars and/or General Membership meetings will be planned to address areas ofjor concern to small businesses. 48. EGGS & ISSUES S -04 The Committee will attempt to bring quarterly breakfast meetings, featuring programs and to ics of interest in legislative and political areas, to the business people. 49. AWARDS LUNCHEON FOR SHERIFFS & FIREFIGHTERS S -0-I This will give the business community and citizens of Diamond Bar a way to say thank you tc the Deputy Sheriffs and Firemen who serve Diamond Bar. 50. HELLO, DIAMOND BAR S -04 Hello, Diamond Bar is a networking breakfast program, where Chamber members will havc an opportunity to make presentations on their businesses. 51. MIXERS S 720/ The Chamber's goal is to have a minimum of nine mixers per year which provides an opportupity for social contacts among the business community, giving good exposure for the company hosi ing the mixer. There is a donation of $5.00. 52. DOOR PRIZES & RAFFLES S -0-/ This line item is revenue from mixers, other than the $5.00 donation.. 53. COMMUNITY SERVICE AWARDS /S 250 The Community Service Awards gives the community an opportunity to thank several of its outstanding citizens who have distinguished themselves through organizational activities or individual efforts to make Diamond Bar a better place to live. These awards can be given al an Annual President's or Mayor's Prayer Thanksgiving Breakfast. 54. MEMBER ORIENTATION /S 250 The Chamber will have an Orientation meeting for new members twice a year. Its purpose 13 to orientate members on Chamber programs and develop additional manpower. 55. GOLF TOURNAMENT S 2,500/ This project gives members the opportunity to network in the sun and it is a major fund-raiser for the Chamber. 56. ANNUAL DINNERS 100/ A dinner is held annually for the installation of new officers and directors. This is also the meeting for the corporation. 57. SILENT AUCTION 510,000/ The Chamber will hold a silent auction where all service clubs may participate. The service c will be part of the auction and will donate 15% of their proceeds to the Chamber. The auction be televised over cable TV on Thursday, September 19, 1997 from 4 - 10 p.m. This is a major f raiser for the Chamber. 58. COLORING BOOK S -0- / The Diamond Bar coloring book will feature Diamond Bar Chamber businesses, to be Advertising in this project will be open to Chamber members only. 59. CASINO NIGHT S 1000 / This event has proven to be an excellent fund-raiser for other Chambers. 60. RANCH FESTIVAL S -0- / This is an annual event for Diamond Bar. 61. BUSINESS EXPO S 1,000 / The Chamber plans to have a Business Expo. 62_ SHOP DIAMOND BAR /S 400 Shop Diamond Bar is a campaign to stop the leakage of sales tax dollars from leaving Diamond 13ar` __ The campaign will be done in several phases. An ad campaign in the Chamber tabloids urging Diamond Bar residents to do their shopping in Diamond Bar, which keeps a portion of the sales tax money in the community for their parks, schools, etc. Shopping Diamond Bar keeps tax dollars here in your own home town. A flyer could be inserted in the bank statements of customers of the local banks advertising the SHOP Diamond Bar campaign. Utilize decals, ribbons, bumper stickers, window banners, and posters throughout Diamond Bar, etc. The slogan would be: SHOPPING DIAMOND BAR MAKES GOOD CENTS! 63. CHAMBER PUBLICATIONS /$ 550 The Chamber publishes and distributes maps, directories, newcomers guides, clubs & organization lists, master calendars, restaurant and other types of lists and pamphlets_ Any additional costs will be paid out of Chamber Operations or sponsorships for this publication will be sold. ANNUAL REPORT - The Annual Report will center the Program of Work (goals and objectives). There is a cost to this project which will be paid out of Chamber Operations or sponsorships for this publication will be sold. WELCOME TO THE BOARD - This report will be given to all new Board of Directors and potential Board of Directors. There is a cost to this project which will be paid out of Chamber Operations or sponsorships for this publication will be sold. WELCOME TO THE DIAMOND BAR CHAMBER - This report will be given to mem ers and all new members. There is a cost to this project which will be paid out of Chamber Operat ons or sponsorships for this publication will be sold. CENSUS BROCHURE A new brochure that contains all the 1990 Census data for Diarr and Bar. This Census Brochure report is requested mostly from potential new businesses and Dian and Bar businesses. There is a cost to this project which will be paid out of Chamber OperatioEs or sponsorships for this publication will be sold. ECONOMIC PROFILE - This report is requested mostly from potential new businesses and Diamond Bar businesses. There is a cost to this project which will be paid out of Chamber Operations or sponsorships for this publication will be sold. 64. RETREAT /$ 750 The Board Retreat is held annually with Board of Directors, Committee Chairmen, City and Sc ool officials to establish goals and objectives for the Diamond Bar Chamber of Commerce. It is se for late January, 1998. There is a cost to this project which will be paid out of Chamber Operatiol is. 65. HEALTH FAIRE S -0- / Local medical specialists offer free screening. Services that are available at the Health Faire incl de: blood pressure test, glaucoma examination, hearing test, dental exams and chiropractic advice All with the aim to improve the health of the Diamond Bar residents. 66. PUBLIC ACCESS CORPORATION /S 230 The Chamber will continue its program of interviews with Community groups about their progr, s, and still focus on interviews of Chamber members. The Chamber hopes to participate with the Public Access Corporation in establishing several TV shows. The Chamber has a broad background in all areas through its volunteers. a. Eggs and Issues: The first priority will be to get the Eggs and Issues taped and broadcast tc the residents of Diamond Bar. b. A Chamber of Commerce Show: This series of programs wall be a TV version of the View. We will have interviews with the president, chamber directors, professional people and community leaders with current topics, and profiles on chamber members. c. The Taste of Diamond Bar: A cooking show where different restaurant chefs create their fav rite cuisines. d. Partners in Progress: Interviews of local chamber members, showing products and services that are available in Diamond Bar. e. Call-in Show: The long range plan for the chamber is to establish a call-in show (forum)re the citizens can call-in and talk to their elected officials. Revised 6114/97 2 6 3 El 5. A 7. i MINUTES OF THE DIAMOND BAR REDEVELOPMENT AGENCY REGULAR MEETING OF THE BOARD OF DIRECTORS JUNE 3, 1997 CALL TO ORDER: Chairman Werner ROLL CALL: Agency Members Ansari, Harmony, H 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 Tommye Nice, Deputy Agency Secretary. PUBLIC COMMENTS: None offered. CONSENT CALENDAR: AM/Herrera moved, AM/Ansari seconded, approve Consent Calendar. Motion carried by the following Roll Call vote: AYES: AGENCY MEMBERS - Ansari, Herrera, VC/Huff, Chair/Werne NOES: AGENCY MEMBERS - Harmony ABSENT: AGENCY MEMBERS - None 3.1 APPROVED VOUCHER REGISTER - dated June 3, 1997 in the of $2,174.80. OLD BUSINESS: None NEW BUSINESS: 5.1 RESOLUTION NO. 97 -XX: A RESOLUTION OF THE DIAMOND BA REDEVELOPMENT AGENCY RECOMMENDING APPROVAL BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR OF THE EXCLUSION OF CERTAIN PROPERTY FROM THE PROPOSED DIAMOND BAR ECONOMIC REVITALIZATION AREA - AM/Ansari moved, AM/Herrer seconded, to continue the matter and all related items to June 10, 19 7 at 6:30 p.m. for public hearing and continue Council deliberation and ac ion to June 17, 1997. Motion carried by the following Roll Call vote: AYES: AGENCY MEMBERS - Ansari, Herrera, Harmony, NOES: AGENCY MEMBERS - None ABSTAIN: AGENCY MEMBERS - VC/Huff ABSENT: AGENCY MEMBERS - None PUBLIC HEARINGS: None AGENCY MEMBER COMMENTS: None JUNE 3, 1997 PAGE 2 REDEV. AGENCY 8. AGENCY SUBCOMMITTEE REPORTS: None 9. ADJOURNMENT: C/Werner adjourned the Redevelopment Agency meetin at 11:05 p.m. TOMMYE NICE, Deputy Agency Secretary ATTEST: Chairman REDEVELOPMENT AGENCY OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE BOARD OF DIRECTORS JUNE 17, 1997 CALL TO ORDER: Chairman Werner 2. ROLL CALL: Agency Members Ansari, Harmony, Herre Chairman Werner. Vice Chairman Huff w excused. Also present were: Terrence L. Belanger, Executive Director; Frank Usher, Assistant City Manager; Mike Jenkins, Agency Attorney; James DeStefano, Community Development Director; George Wentz, Public Works Director; Bob Rose. Community Services Director and Lynda Burgess, Agency Secretary. 3. CONSENT CALENDAR: AM Ansari moved, AM/Herrera seconded, approve the Consent Calendar. Motion carried by the following Roll Call vc AYES: AGENCY MEMBERS - Ansari, Herrera, CAVerner NOES: AGENCY MEMBERS - Harmony ABSENT; AGENCY MEMBERS - VC/Huff 3.1 , APPROVED MINUTES - Regular Meeting of May 20, 1997 - As submitted. 3.2 APPROVED VOUCHER REGISTER -dated June 17, 1997, in the aunt of $34,509,30. 3.3 ADOPTED RESOLUTION NO. R-97-10: A RESOLUTION OF THE DIAMOND BAR REDEVELOPMENT AGENCY APPROVING ADVANCE AND REIMBURSEMENT AGREEMENT NUMBER 4 WITH THE CITY OF DIAMOND BAR - in the amount of $48,000; approved an adjustment i the budget for FY 96-97 adding $1,000 to the Photocopying account, adding $29,000 to the Professional Services account and adding $18 000 to the Legal Services account; approved an amendment to the Professional Services Agreement with Rosenow, Spevacek Group, Int, (R.S.G.), increasing the contract amount by $27,500 to a total of $128,480 and approved an amendment to the Professional Services Agreement with Cotton Beland Assoc., increasing the contract amou by $1,500 to a total of $55,835. Motion carried by the following Rall Call vote: AYES: AGENCY MEMBERS - Ansari, Herrera, C/Werner NOES: AGENCY MEMBERS - Harmony ABSENT: AGENCY MEMBERS - VC/Huff 4. OLD BUSINESS: 5. NEW BUSINESS: None JUNE 17, 1997 PAGE 2 REDEV. 5. PUBLIC HEARINGS: None 7. AGENCY MEMBER COMMENTS: AM/Ansari urged her fellow Agency Members to consider holding proactive forums on redevelopment. AM/Harmony believed the issue of redevelopment should be placed on the 4allot for public vote after a specific plan has been developed. He suggested the power of eminent domain be eliminated. AM/Herrera indicated redevelopment can assist communities in accomplishing many positive and beneficial changes. She understood that it is a complicat d issue and many residents fear the unknown, She asked residents to trust in their elected officials to research the matter and make decisions that benefit the City and stated that the Council Members and Agency Members will not engge in practices that put the City and its residents at risk. ' r C/Werner stated that Council has, for the past 8 years, recognized the loss f revenue confronting the City. Several options and opportunities have been investigated. The community continues to voice its desire for increased se ice and facilities. There has been a significant decrease in the City's business activity and a lack of public improvements. As a result, Council has pursuec an economic and redevelopment plan to solve these problems, At this time, thf re appear to be no other viable options. He noted that a large employer (Ave Dennison) has opted to leave D.B. and relocate in Brea because Brea has redevelopment. The question of redevelopment for D.B. is still open for deb te. He indicated he is attempting to remain open-minded on the issue. 8. AGENCY SUBCOMMITTEE REPORTS: None ADJOURNMENT: CNVerner adjourned the Redevelopment Agency meeting at 1 i :35 p.m. ATTEST: Chairman LYNDA BURGESS, Agency Secretary