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HomeMy WebLinkAbout4/21/1998Cit�y co'anclf AGENDA Tuesday, April 21,199 8 4:00 p.m. Study Session CC -2 6:30 p.m. Regular Meeting South Coast Air Quality Management District Auditorium 21865 East Copley Drive DiamondBar, California 91765 Mayor Mayor Pro Tem Council Member Council Member Council Member City Manager City Attorney City Clerk Carol Herrera Wen Chang Eileen Ansari Bob Huff Debby O'Connor Terrence L. Belanger Michael Jenkins Lynda Burgess Copies of staff reports, or other written documentation relating to agenda items, are on file in the Office of the City Clerk, and are available for public inspection. If you have questions regarding an agenda item, please contact the City Clerk at (909) 860-2489 during regular business hours. In an effort to comply with the requirements of Title II of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting. Please refrain from smoking, eating or drinking in the Council Chambers. The City of Diamond Bar uses recycled paper and encouragesyou to do the same. PUBLIC INPUT The meetings of the Diamond Bar City Council are open to the public. A member of the public may address the Council on the subject of one or more agenda items and/or other items of which are within the subject matter jurisdiction of the Diamond Bar City Council. A request to address the Council should be submitted in writing to the City Clerk. As a general rule the opportunity for public comments will take place at the discretion of the Chair. However, in order to facilitate the meeting, persons who are interested parties for an item may be requested to give their presentation at the time the item is called on the calendar. The Chair may limit the public input on any item or the total amount of time allocated for public testimony based on the number of people requesting to speak and the business of the Council. Individuals are requested to refrain from personal attacks toward Council Members or other persons. Comments which are not conducive to a positive business meeting environment are viewed as attacks against the entire City Council and will not be tolerated. If not complied with, you will forfeit your remaining time as ordered by the Chair. Your cooperation is greatly appreciated. In accordance with Government Code Section 54954.3(x) the Chair may from time to time dispense with public comment on items previously considered by the Council. (Does not appy to Committee meetings) In accordance with State Law (Brown Act), all matters to be acted on by the City Council must be posted at least 72 hours prior to the Council meeting. In cases of emergency or when a subject matter arises subsequent to the posting of the agenda, upon making certain findings, the Council may act on an item that is not on the posted agenda. CONDUCT IN THE CITY COUNCIL CHAMBERS The Chair shall order removed from the Council Chambers any person who commits the following acts in respect to a regular or special meeting of the Diamond Bar Cit Council A. Disorderly behavior toward the Council or any member of the thereof, tending to interrupt the due and orderly course of said meeting. B. A breach of the peace, boisterous conduct or violent disturbance, tending to interrupt the due and orderly course of said meeting. C. Disobedience of any lawful order of the Chair, which shall include an order to be seated or to refrain from addressing the Board; and D. Any other unlawful interference with the due and orderly conduct of said meeting. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COUNCIL Agendas for the regular Diamond Bar City Council meetings are prepared by the City Clerk and are available 72 hours prior to the meeting. Agendas are available electronically and may be accessed by a personal computer through a phone modem. Every meeting of the City Council is recorded on cassette tapes and duplicate tapes are available for a nominal charge. ADA REQUIREMENTS A cordless microphone is available for those persons with mobility impairments who cannot access the public speaking area. Sign language interpreter services are also available by giving notice at least three business days in advance of the meeting. Please telephone (909) 860-2489 between 8 a.m. and 5 p.m. Monday through Friday. HELPFUL PHONE NUMBERS Copies of Agenda, Rules of the Council, Cassette Tapes of Meetings (909) 860-2489 Computer Access to Agendas (909) 860 -LINE General Information (909) 860-2489 NOTE: ACTION MAY BE TAKEN ON ANY ITEM IDENTIFIED ON THE AGENDA. ****** TO ACCESS THIS AGENDA PACKET VIA THE INTERNET, PLEASE USE THE FOLLOWING: http://www.ci.diamond-bar.ca.us/dscvr2b.htm****** THIS MEETING IS BEING BROADCAST LIVE BY CENTURY COMMUNICATIONS FOR AIRING ON CHANNEL 12, AND BY REMAINING IN THE ROOM, YOU ARE GIVING YOUR PERMISSION TO BE TELEVISED. THIS MEETING WILL BE RE -BROADCAST ON THE SATURDAY FOLLOWING THE COUNCIL MEETING AT 10:00 A.M. ON CHANNEL 12. Next Resolution No. 98-20 Next Ordinance No. 02(1998) STUDY SESSION: 4:00 p.m., Room CC -2 a. School Traffic Study b. City Manager Evaluation Process 1. CLOSED SESSION: None 2. CALL TO ORDER: 6:30 p.m. April 21, 1998 PLEDGE OF ALLEGIANCE: Mayor INVOCATION: Father Olin Mayfield, St. Denis Catholic Church ROLL CALL: Council Members Ansari, Huff, O'Connor, Mayor Pro Tem Chang, Mayor Herrera APPROVAL OF AGENDA: Mayor 3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 3.1 Proclaiming May 4-8, 1998 - as "Hire -A -Veteran Week." 3.2 Proclaiming May, 1998 as "Water Awareness Month." 3.3 Proclaiming April 26 to May 2, 1998 as "Child Passenger Safety Week." 3.4 Presentation of Certificate of Recognition to Sharon Butler, recently named Mrs. Los Angeles County. 4. PUBLIC C004ENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Although the City Council values your comments, pursuant to the Brown Act, the Council generally cannot take any action on items not listed on the posted agenda. Please complete a Speaker's Card and give it to the City Clerk APRIL 21, 1998 PAGE 2 (completion of this form is voluntary). There is a five minute maximum time limit when addressing the City Council 5. SCHEDULE OF -FUTURE EVENTS: 5.1 PARKS & RECREATION COMMISSION - April 23, 1998 - 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. 5.2 FRIENDS OF THE LIBRARY WINE TASTING SOIREE - April 26, 1998 - 2:00 to 5:00 p.m., Shilo Hilltop, 3101 Temple Ave. 5.3 SPRING CLEAN-UP - April 25, 1998. 5.4 PLANNING COMMISSION - April 28, 1998 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.5 CITY COUNCIL MEETING - May 5, 1998 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Dr. 6. CONSENT CALENDAR: 6.1 APPROVAL OF MINUTES: 6.1.1 Study Session of April 7, 1998 - Approve as submitted. 6.1.2 Regular Meeting of April 7, 1998 - Approve as submitted. Requested by: City Clerk 6.2 TRAFFIC & TRANSPORTATION COMMISSION MINUTES - Regular Meeting of February 12, 1998 - Receive and file. 6.3 VOUCHER REGISTER - Approve Voucher Register dated Apri'_ 17, 1998 in the amount of $557,695.79. Requested by: City Manager 6.4 EXONERATION OF LANDSCAPING BOND (FAITHFUL PERFORMANCE, LABOR & MATERIALS) FOR 669 LEYLAND DRIVE (LOT 17, TRACT 31977) IN DIAMOND BAR - The Principal, Alex Liang, requests a release of his Cash Deposit in Lieu of Landscaping Bond in the amount of $10,000. The Principal has performed all work as required per the landscape plan, on file with the City. Recommended Action: It is recommended that the City Council approve exoneration of the Investment CD in the amount of $10,000 posted with the City on August 22, 1997 and direct the City Clerk to notify the Principal and Surety of this action. APRIL 21, 1998 PAGE 3 Requested by Planning Division 6.5 CROSSING GUARD SERVICES CONTRACT AMENDMENT- As a result of the D.B. School Safety/Traffic Study, the intersection of Sunset Crossing Rd. and Del Sol Ln. received crossing guard services on March 23, 1998. This brings the total number of intersections with crossing guards to 12. The current contract amount needs to be amended from $55,000 to $57,200, an increase of $2,200, in order to cover costs for the remainder of the school year (15 weeks). Recommended Action: It is recommended that the City Council authorize the Mayor to amend the existing crossing guard contract agreement with International Services, Inc. from $55,000 to $57,200, an increase of $2,200 to provide service at the intersection of Sunset Crossing Rd. and Del Sol Ln. Requested by: Public Works Division 6.6 CONTRACT AMENDMENT WITH LANDSCAPE WEST, INC. TO PROVIDE LANDSCAPE MAINTENANCE SERVICES FOR LIGHTING AND LANDSCAPE MAINTENANCE DISTRICT NO. 41 - The City currently has a contract with Landscape West, Inc. to provide annual landscape maintenance services for L.L.M.D. #41 for $35,400. Landscape West recently requested an increase of $56 per month ($224 for the remainder of the 1997/98 FY) due to the Federal increase of the minimum wage to $5.75 per hour on March 1, 1998. Even though Landscape West has had the option of receiving a Consumer Price Index increase each of the past 2 times its contract has been extended, they have refused those increase opportunities to remain financially competitive. Recommended Action: It is recommended that the City Council approve a contract amendment with Landscape West, Inc. to increase the contract for landscape maintenance services in L.L.M.D. No. 41 to $35,624, for a total annual increase of $224 for the 1997/98 FY, effective March 1, 1998. Requested by: Community Services Division 6.7 RESOLUTION NO. 98 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE APPLICATION OF GRANT FUNDS FROM THE LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT PER PARCEL DISCRETIONARY GRANT PROGRAM FOR PANTERA PARK - Through the 1996 Proposition A Safe Parks Act, the City was awarded a per parcel discretionary grant of $275,246. When Council awarded the Pantera Park construction project June 3, 1997, the funding included the 1996 discretionary grant. At the APRIL 21, 1998 PAGE 4 award of the construction contract, the L.A. County Regional Park and Open Space District did not have the 1996 policies and procedures completed. The procedures have been completed, and a resolution is required for the City to be able to receive the funding for the Pantera Park project. The City is not required to adopt a Youth Employment Program at this time. Recommended Action: It is recommended that the City Council adopt Resolution No. 98 -XX approving the application for grant funds from the Los Angeles County Regional Park and Open Space District per parcel discretionary grant program for Pantera Park. Requested by: City Manager 6.8 RESOLUTION NO. 98 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE DESTRUCTION BY THE CITY CLERK OF CITY RECORDS AND DOCUMENTS WHICH ARE NO LONGER REQUIRED AS PROVIDED UNDER GOVERNMENT CODE SECTION 34090 - G.C. Section 34090 provides that, "with the approval of the legislative body by resolution written consent of the city attorney the head of a city department may destroy any city record, document, instrument, book or paper, under his charge without making a copy thereof, after the same is no longer required." Destruction of the materials referenced in Exhibit "A" attached to the proposed resolution is determined necessary in order to conserve storage space, reduce staff time, expense and confusion in handling information and informing the public. Recommended Action: It is recommended that the City Council adopt Resolution No. 98 -XX approving the destruction of certain records which are no longer required as provided by Government Code Section 34090. Requested by: City Clerk 6.9 TREASURER'S STATEMENT - Submitted for City Council review and approval is the Treasurer's Statement for March, 1998. Requested by: City Manager 7. PUBLIC HEARINGS: 7:00 p.m., or as soon thereafter as matters can be heard. 7.1 CONTINUED PUBLIC HEARING ZONING CODE AMENDMENT (ZCA 97- 1)PUBLIC HEARING FOR THE DRAFT DEVELOPMENT CODE, ARTICLE III - SITE PLANNING AND GENERAL DEVELOPMENT STANDARDS AND THE CITYWIDE DESIGN GUIDELINES - On December 9, 1997, the APRIL 21, 1998 PAGE 5 Planning Commission recommended approval of the draft Development Code and Citywide Design guidelines. In December these documents were transmitted to Council and a series of four study sessions were conducted from January 6, 1998 to February 17, 1998. This is the third of four scheduled public hearings on the draft Development Code. Article III contains the development standards applicable to all zoning districts and standards for specific land uses. The Citywide Design Guidelines are to be utilized in conjunction with these standards to achieve a built environment of superior design consistent with the goals of the General Plan. Recommended Action: It is recommended that the City Council review Article III of the draft Development Code and the draft Citywide Design Guidelines make an informal recommendation on these documents and continue the public hearing until May 5, 1998 for review of all Articles of the Development Code and the Citywide Design Guidelines. Requested by: Planning Division 8. OLD BUSINESS: 8.1 RESOLUTION NO. 98 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR OPPOSING JUNE 2, 1998 BALLOT MEASURE PROPOSITION 223 - Proposition 223, which is on the June 2, 1998 ballot, prohibits school districts from spending more than 5% of their funds for administrative costs. This measure is another in a series of measures that remove local control from community school districts and severely restrict local school boards' ability to allocate resources in accordance with constituents' demands Recommended Action: It is recommended that the City council adopt Resolution No. 98 -XX opposing the June 2, 1998 Ballot Measure, Proposition 223. Requested by: City Manager 8.2 DIAMOND BAR RANCH FESTIVAL FUNDING. Recommended Action: It is recommended that the City Council direct staff as desired. Requested by: City Manager 9. NEW BUSINESS: 9.1 RESOLUTION NO. 98 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR OPPOSING THE ELIMINATION OF APRIL 21, 1998 PAGE 6 VEHICLE LICENSE REVENUE AS PROPOSED IN AB1677, SB1723 AND SB2001. Recommended Action: It is recommended that the City Council adopt Resolution No. 98 -XX opposing the elimination of Vehicle License Revenue as proposed in AB 1776, SB1723 and SB2001. Requested by: City Manager 9.2 MATTER OF APPOINTMENT TO COMMUNITY ADVISORY COMMITTEE FOR WALNUT SHERIFF STATION. Recommended Action: It is recommended that the City Council direct staff as necessary Requested by: City Council 9.3 MATTER OF OPPOSITION TO SENATE BILL 2010 - SB2010 proposes to expand the area over which the existing Santa Monica Mountains Conservancy has the ability to acquire and protect lands. Currently, the Conservancy can acquire and protect lands within the Santa Monica 'Mountains zone. SB2010 would rename the Conservancy to the Santa Monica Mountains and Rivers Conservancy and expand the area in which the Conservancy can acquire and protect lands to include the Santa Ana River and the San Gabriel River watersheds. The City opposes any expansion of the Santa Monica Mountains Conservancy beyond the Santa Monica Mountains zone. Recommended Action: It is recommended that the City Council express its opposition to SB2010 to the State Legislature and government. Requested by: Mayor Herrera RECESS TO REDEVELOPMENT AGENCY MEETING Next Resolution No. R-98-04 1. CALL TO ORDER: Chairman Huff ROLL CAIS.: Agency Members Chang, Herrera, O'Connor, VC/Ansari, C/Huff 2. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Agency on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Although the Redevelopment Agency values your APRIL 21, 1998 PAGE 7 comments, pursuant to the Brown Act, the Agency generally cannot take any action on items not listed on the posted agenda. Please complete aSpeaker's Card and give it to the City Clerk .(completion of this form is voluntary) There is a five minute maximum time limit when addr ssina the Redevelopment Aaen 3. CONSENT CALENDAR: 3.1 APPROVAL OF MINUTES - Regular Meeting of April 7, 1998 - Approve as submitted. Requested by: Agency Secretary 3.2 VOUCHER REGISTER - Approve Voucher Register dated April 21, 1998 in the amount of $12,781.00. Requested by: Executive Director 4. PUBLIC HEARINGS: None S. OLD BUSINESS: None 6. NEW BUSINESS: None 7. AGENCY MEMBER COMMENTS: Items raised by individual Age.---,' Members are for Agency discussion. Direction may be given a~ this meeting or the item may be scheduled for action at a future meeting. AGENCY ADJOURNMENT: RECONVENE CITY COUNCIL FETING: 10. COUNCIL SUB-CCNKITTEE REPORTS: 11. COUNCIL MEMBER COMENTS: Items raised by individual Counci: Members are for Council discussion. Direction may be given a-- this _this meeting or the item may be scheduled for action at a future meeting. 12. ADJOURNMENT: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK i � V V FROM: � i( ( (� DATE: ADDRESS: o1A;F6C( A'Prik ��c �� PHONE: 9y`7 �6e -04 7 ORGANIZATION: AGENDA #/SUBJECT: r� Svcre� 4Ls 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: CITY CLERK FROM: --� -� � J '� a NJ \p� DATE: ADDRESS: O PHONE:—.SfO 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. �—� TO: FROM: ADDRESS: ORGANIZATION: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL AGENDA #/SUBJECT: CITY CLERK DATE:, � //C7, / Z2, -94-� el zle-11 411,(l /C-� /r -- I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. 21i,(� 4,/ t-eA /, Signature �. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL &a TO: FROM: ADDRESS: ORGANIZATION: �CITY CLERK DATE: _ 2 2 Cj Z D 5'�c�2 r PHONE: AGENDA #/SUBJECT: L/C /040ftf e,04- / co d4 — U G✓ /A rte c. a o i ti 7L'o i✓ 1j v 2 c Z 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 CITY OP DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Terrence L. Belanger, City Manager MEETING DATE: April 21, 1998 REPORT DATE: April 13, 1998 FROM: James DeStefano, Deputy City Manager WILE: Zoning Code Amendment (ZCA 97-1) Public hearing for the draft Development Code, Article iii - Si Plannin and [general I)evelWment Standardc and the Citywide D&sign Gui elin S. --a e•. e>t e s 1 O i 00.1/ - 1 •' 1 i 1 N. 1 D 1 • 1 1 O s � • 1 1 • � t suq �s �nrrgerrvsz• ` .I'�"-•: S�O[IIIJ� GOg6 dW61ygjuj-= 4: iSG'V' a`1 -T% - ?m CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. %, / TO: Terrence L. Belanger, City Manager MEETING DATE: April 21, 1998 REPORT DATE: April 13, 1998 FROM: James DeStefano, Deputy City Manager TITLE: Zoning Code Amendment (ZCA 97-1) Public hearing for the draft Development Code, Article Iii -Si Planning and Greneral Development Ctandardc and the Citymdde Design (Tiddellne-Q. SUMMARY: On December 9, 1997 the Planning Commission recommended approval of the draft Development Code and Citywide Design Guidelines. In December these documents were transmitted to the City Council and a series of four study sessions were conducted from January 6, 1998 to February 17, 1998. This is the third of four scheduled public hearings on the draft Development Code. Article III contains the development standards applicable to all zoning districts and standards for specific land uses. The Citywide Design Guidelines are to be utilized in conjunction with these standards to achieve a built environment of superior design consistent with the goals of the General Plan. RECOMMENDATION: It is recommended that the City Council review Article III of the draft Development Code and the draft Citywide Design Guidelines, make an informal recommendation on these documents and continue the public hearing until May 5, 1998 for review of all Articles of the Development Code and the Citywide Design Guidelines. LIST OF ATTACHMENTS X Staff Report — Public Hearing Notification Resolution(s) — Bid Specification (on file in City Clerk's Office) — Ordinances(s) X Other - Revised pages of Articles III of the Development Code. Agreement(s) EXTERNAL DISTRIBUTION: The draft Development Code has been distributed to the Chamber of Commerce, local builders and developers, surrounding local jurisdictions and other interested parties and has been available for public review at the Library and City Hall. SUBMITTAL CHECKLIST: Has theresolution, ordinance or agreement been reviewed N/A _Yes -X No by the City Attorney? Does the report require a majority or 4/5 vote? Has environmental impact been assessed? Has the report been reviewed by a Commission? Which Commission? Are other departments affected by the report? Report discussed with the following affected departments: 2. 3. 4. 61 MAJORITY X Yes _ No Yes -X No Yes -X No CIT= cvvrrc=r, s%MPOL%W AGENDA NO. MEETING DATE: April 21, 1998 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Zoning Code Amendment (ZCA) 97-1, Public Hearing for draft Development Code, Article III - Site Planning and General Development Standards and Citywide Design Guidelines. ISSUE STATEMENT: On December 9, 1997 the Planning Commission recommended approval of the draft Development Code and Citywide Design Guidelines. In December, these documents were transmitted to the City Council and a series of four study sessions were conducted from January 6, 1998 to February 17, 1998. This is the third of four scheduled public hearings on the draft Development Code. Article III contains the development standards applicable to all zoning districts and standards for specific land uses. The Citywide Design Guidelines are to be utilized in conjunction with these standards to achieve a built environment of superior design consistent with the goals of the General Plan. RECOMMENDATION: It is recommended that the City Council review Articles III of the draft Development Code and the draft Citywide Design Guidelines, make an informal recommendation on these documents and continue the public hearing until May 5, 1998 for review of all Articles of the Development Code and the Citywide Design Guidelines. BACKGROUND: Upon incorporation, the City adopted the L.A. County Planning and Zoning Code to serve in the interim until the City could create its own Development Code. In July of 1995, the City adopted its General Plan which outlined the City's goals for future development. In 1 compliance with stare law, Lne ciLy must. Prvduc,c - ��n�o=mins Development Code that is consistent with and implements the policies of the General Plan. The draft Development Code that is presented for pubic hearing tonight is the result of a 20 month joint effort by the City Council, Planning Commission, City staff and consultants. It has been created to supersede the existing Planning and Zoning Code (Title 21 of the Municipal Code). The draft Development Code will be specifically tailored to meet the needs of the City of Diamond Bar, while responding to current case law and legislation. The proposed Development Code utilizes and integrates existing portions of the current Planning and Zoning Code and ordinances, expanded to include tree preservation regulations, development standards for specific land uses and Citywide Design Guidelines. The draft Development Code is organized in the following manner: ARTICLE I: Purpose and Applicability of the Development Code ARTICLE II: Zoning Districts and Allowable Land Uses ARTICLE III: Site Planning and General Development Standards ARTICLE IV: Land Use and Development Permit Procedures ARTICLE V: Development Code Administration ARTICLE VI: Development Code Definitions ARTICLE III AND CITYWIDE DESIGN GUIDELINES Tonight's public hearing will address Article III and the Citywide Design Guidelines. Article III contains standards which apply to all land uses in every zone in the City. Article III also codifies several ordinances adopted since the City's incorporation addressing specific community needs, such as the Hillside Management Ordinance and the Development Review Ordinance, or in response to the mandates of State law, such as the Water Efficient Landscape Regulations or the Trip Reduction Ordinance. The Citywide Design Guidelines have been created to be used in conjunction with the Development Code standards. Unlike the Development Code and Subdivision Ordinance, they will be adopted by resolution, rather than by ordinance because they are advisory rather than mandatory. A more detailed discussion of Article III and the Citywide Design Guidelines is contained in the attached memo dated February 9, 1998. Of all the Articles within the Development Code, Article III in conjunction with the Citywide Design Guidelines have offered the City its best opportunity to implement the goals, objectives and strategies of the General Plan because these standards and guidelines will shape the appearance of future development within K the City. As stated in the General Plan Land Use Element "It is the overall goal of the Land Use Element to ensure that the land uses and development decisions of Diamond Bar maintain and enhance the quality of life for its residents. While the Development Code includes enforceable standards which implement the General Plan, design guidelines have been created as a further measure to assist in the creation of a built environment of a quality and superiority in design beyond what can be achieved simply by the adherence to development standards. General Plan Objective 3.2 states "Ensure that new development and the intensification of existing development yields a pleasant living, working or shopping environment, and attracts the interest of residents, workers, shopper, and visitors as a result of consistent exemplary design. The Center for Livable Communities has established guidelines for community development entitled "Economic Development for the 21st Century: A Set of Principles" one of these principles, entitled "Distinctive Communities" states, Having a distinctive identity will help communities create a quality of life that is attractive for business retention and future residents and private investment. Community economic development should help to create and preserve each community's sense of uniqueness, attractiveness, and history, and cultural and social diversity, and include public gathering places and a strong local sense of place." Diamond Bar's distinctiveness is inherent in its hillsides and open spaces. The process of creating a Development Code that is based on the specifics needs of the City is an important step in the preservation and enhancement of this distinctive identity. There are many examples in the proposed Code of how the City's unique character will be preserved and enhanced. The purpose of the Hillside Management regulations (Chapter 22.22, III -31) is to preserve the beauty and environmental equilibrium of the City's hillside areas while allowing for limited, compatible, low density residential development. through standards and guidelines which address site design, architecture, landscaping, grading, drainage, access, trails and roadways. The tree preservation regulations, while implementing the General Plan, also help to ensure that the unique character of Diamond Bar is preserved through requirements for the retention and replacement of species of trees which are part of the City's natural resources. The View Protection standards (III -20, Section 22.16.130) created by staff at the request of the Planning Commission and which are also included in the Citywide Design Guidelines are an excellent 3 excullp1C Vf hUW Lhc DCVClvpnlcnt Cade will aul iat iii prcocrvir,g b�o distinctive character of the City. Article III also contain Section 22.16.070 (III -9) Open Space for Commercial Projects. The section provides requirements and incentives for the provision of pedestrian -oriented open spaces and amenities for newly developed or redeveloped commercial centers throughout the City. The intent of these provision is to provide opportunities for "public gathering places" through open spaces plaza, courtyards, and outdoor dining and seating areas. City staff is in the process of creating standards regulating telecommunications facilities. These regulations will contain design standards that ensure that these facilities are concealed as much as possible and do not mar the beauty of the community. PLANNING COMMISSION REVIEW The Planning Commission reviewed Article III at their August 51 August 12, August 19, August 26, October 14, and November 12, 1997 meetings (see attached minutes). The proposed parking provisions were among those topics discussed. Currently, the City requires standard parking spaces to be a minimum of 8.5 x 181. The this was discussed by the Planning Commission and it was determined that a larger minimum size (9' x 19) would better accommodate vehicular parking and are more in line with the standards if other communities. The tree preservation and protection regulations addressed in Chapter 22.38 were also discussed. Language was added to these provisions (III -152, Section 22.38.060) clarifying that trees located on all developed property prior to adoption of the Development Code are exempted from these regulations. Another significant issue was English language requirements for commercial signage. The current sign code requires that sign copy in non-Latin/Roman numerals or alphabet characters include a generic description in English. The Planning Commission revised these regulations to require that a minimum of 50% of sign copy be in English character (III -132, Section 22.36.030.E.) The Citywide Design Guidelines were discussed at the September 9, 1997 Planning Commission meeting (minutes attached). These guidelines were discussed and public input was received although there were no substantive changes made to the document. DEVELOPMENT CODE REVISIONS In the process of reviewing the Development Code, both the Planning Commission and the staff made changes to the draft document. At the study sessions the Council also made preliminary revisions, which are included within the attached revised pages for Articles IV and V. These changes are noted in the following manner: City Council changes are shown by xz`..A,.V fY ,.,. text; Planning Commission changes are shown by a bold extended typeface; staff changes are 4 shown ny a UUIUUUHUUHSUU ryperaee; Stuux—out. Yai gt» i �rirPa text refl Pets City Council deletions; Planning Commission deletions are shown by a strike -out with an asterisk where not accompanied by revised text; and staff deletions are shown by struck -out text. Please note that these revised pages are double -sided for insertion and that these changes also include additional revisions to Articles I and II. PREPARED BY: Catherine Johnson Senior Planner ATTACHMENTS: 1. Revised pages of Development Code Articles III 2. Memorandum dated February 9, 1998 3. Planning Commission minutes: August 5, August 12, August 19, August 26, September 9, October 14, and November 12, December 9, 1997. Fcj/agdrpdc3 5 CITY OF DIAMOND BAR INTEROFFICE MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL VIA: TERRENCE BELANGER, CITY MANAGER vi FROM: JAMES DESTEFANO, DEPUTY CITY MANA SUBJECT: DRAFT DEVELOPMENT CODE, ARTICLE III AND CITYWIDE DESIGN GUIDELINES DATE: FEBRUARY 9, 1998 INTRODUCTION The series of City Council workshops on the Development Code will conclude on February 17, 1998 with review and discussion of Article III, Site Planning and General Development Standards, and the Citywide Design Guidelines: Article III is important because it contains standards which apply to all land uses in every zone throughout the City. Article III also codifies several ordinances adopted since the City's incorporation to address specific community needs, such as the Hillside Management Ordinance and the Development Review Ordinance, or in response to the mandates of State law, such as the Water Efficient Landscape Regulations or the Trip Reduction Ordinance. A chapter is also incuded which provides standards for specific land uses such as guest houses; child daycare facilities, and secondary housing units. The Citywide Design Guidelines have been created to be used in conjunction with the Development Code standards. Unlike the Development Code and Subdivision Ordinance they will be adopted by resolution, rather than by ordinance because they contain guidelines, which are advisory, rather than mandatory standards. The Citywide Design Guidelines have been created to assist City staff, the decision makers and the development community in achieving a high quality of aesthetic and functional design throughout the City. Although these guidelines are expected to be followed, they are general and may be interpreted with some flexibility in order to encourage creativity on the part of the project designer. The following report provides and overview of some of the primary topics addressed in Article III and the Citywide Design Guidelines. ARTICLE III Hillside Management Chapter 22.22, Hillside Management, codifies the City's existing Hillside Management Ordinance, which was adopted in 1992. These regulations are applied to areas of the City with slopes of 10% or greater. The purpose of these regulations is to preserve the beauty and environmental equilibrium of the City's hillside areas while allowing for limited, compatible, low density residential development. This is achieved through the application of the standards and guidelines contained within this chapter, which address site design, architecture, landscaping and revegetation, grading, drainage, access, trails and roadways. Generally, these standards have been retained as originally adopted, with the addition of a slope density formula which was mandated by the General Plan. The purpose of this formula is to facilitate the retention of the natural features of the steeper hillsides areas, by reducing residential density on steeper slopes. Tree Preservation The City's current Code regulations require the preservation and protection of oak trees over 8 inches in diameter and provides for a replacement ratio of 2:1 for trees that are removed. The General Plan Resource Management Element, Strategy 1.1.11 directs the City to prepare a tree preservation ordinance for species of trees including oak, walnut, sycamore, California pepper, Arroyo willow and significant trees of cultural or historical value. A replacement and relocation mechanism for tree 'removal was also required. In response, Chapter 22.38 has been created which proposes the protection and preservation of trees identified by the General Plan. The proposed Development Code requires the preservation of native oak, walnut, sycamore, willow, and naturalized California Pepper trees with a diameter of 8 inches or greater. A replacement ratio of 2:1 is required for residential properties less than 20,000 square feet in area and 3:1 for residential properties greater than 20,00.0 square feet and commercial and industrial properties. This chapter also provides the Director or Commission with the authority to require additional replacement trees on a case by case basis depending on site specific characteristics and needs. FA Off -Street Parking and Loading Standards Establishing parking requirements which adequately meeting the needs of residents and local businesses is of critical importance, to the City. Properties with inadequate parking for patrons, employees, or residents, or unsatisfactory vehicular and pedestrian access may experience diminishing economic value. Surrounding residents are also negatively impacted by increased traffic, noise and reduced on -street parking. The City's current parking regulations establish the number of parking spaces required for specific land uses. Commercial land uses and medical offices require 1 parking space for every 250 square feet of floor area. General offices require 1 space for every 400 square feet of floor area. Provisions for industrial uses are based on employees per use and the number of vehicles utilized, or 1 space for every 500 square feet of floor area (whichever is greater). Warehouses require 1 space per 1,000 square feet of floor area. Parking for other uses, such as restaurants and places of assembly (including churches) are based on occupancy. Single family residences require a minimum of two covered parking spaces. Multi -family parking requirements are determined by the number of bedrooms. Guest parking is also required. For unspecified uses, the Director may require as many parking spaces as deemed necessary to accommodate patrons and ensure adequate on-site circulation. The current Code also allows compact spaces for up to 40% of the required parking and contains provisions allowing certain uses to reduce the number of required parking spaces, subject to approval of a Parking Permit. Parking Permits may allow two or more commercial uses on the same site to share parking if it is demonstrated by certain factors, such as different hours of operations, or shared clientele, that a reduced number of parking spaces is adequate. It is the purpose of the Parking Permit provisions to conserve land and promote efficient' land uses. The draft Development Code retains the parking ratios for commercial and office uses, and the provisions for Parking Permits because, based on staff and consultant research, they were found to still be appropriate for the City. However, strengthened requirements have been included for shopping centers and general industrial uses. Parking for restaurant uses is proposed to be based on square footage rather than occupancy, which will be easier to implement. Several changes are proposed by the draft Development Code, representing significant improvements over the current Code. Among those changes is an increase in the size of standard parking stalls from 8' x 18.5', to 9' x 19', and the elimination of the provisions for compact spaces. When the requirements of other jurisdiction were reviewed, 3 it was found that the City's standard parking stalls were smaller than typical. The provisions for compact spaces were eliminated because compact spaces are also too small and are generally not utilized. The draft Code also strengthens the parking requirements for residential uses. The current Code requires two "covered" standard parking spaces for single family uses. The proposed Code specifies that these spaces must be in a garage and establishes minimum interior dimensions for garage spaces, which is not addressed in the current Code. Strengthened requirements for multi- family uses, requiring 2 garage spaces for apartments with one bedroom or more are also proposed. Additionally, the list of required parking for specific land uses has been updated to reflect contemporary land uses and this information has been placed in charts for easier reference. Signs Signage serves many essential purposes and is crucial for the businessperson as well as residents. Signs are used for information purposes, identifying the location and type of business, and provide crucial advertising and visibility for a business owner. Well designed signs become an integral part of the streetscape and can enhance and complement a building's architecture. If poorly designed and regulated, signs become a visual blight, damaging the appearance of the streetscape, businesses and the community's image. General Plan Strategy 3.2.7: states, "Ensure that commercial developments are designed with a precise concept for adequate signage, including provisions for sign placement and number, as well as sign scale in relationship to the building, landscaping and readability as an integral part of the signage concept. Ensure that signs are integrated into the overall site and architectural theme of commercial developments." Creating effective sign regulations is traditionally one of the most challenging parts of a development code because the free speech rights of individuals must be balanced with the collective rights of the community to regulate its visual environment. In 1991 The City Council adopted Ordinance No. 5a, amending the sign regulations contained within the County Code. This ordinance established a maximum height of 6' for freestanding signs (except freeway oriented signs for lodging), prohibited pole signs, and established standards for planned sign programs for commercial centers. This . ordinance also established an amortization schedule for the eventual discontinuation of legal nonconforming signs. 4 The proposed Development Code codifies and reformats the existing Sign Ordinance and organizes much of the information in charts, for ease of implementation. However, the general provisions of the current Sign Ordinance have been retained, including the provision for a maximum height of 6' for freestanding signs. Home Based Businesses General Plan Strategy 1. 3.4 states, "Residentially, compatible home occupations, where consistent with other provision of the General Plan and Development Code should be allowed subject to standards enacted to protect the privacy and residential character of the neighborhood. Home based businesses, or "home occupations" are becoming more and prevalent within the Country. Technological advances in computers and electronic communications systems not only allow the decentralization of office functions from the Los Angeles County core, but allow more and more professionals to telecommute, resulting in a proliferation of home based businesses. The primary issue for home occupations is ensuring that these businesses don't adversely impact existing residential neighborhoods. Potential adverse impacts include excessive traffic (vehicular or pedestrian), noise, odor, and the alteration of a residence to look like a commercial use. Typically, cities with home occupation regulations prohibit certain uses, limit on-site employees, regulate the size of vehicles used in conjunction with the business, and limit the area devoted to the home business. The City's current Code does not address home based businesses and the County doesn't require business licenses for these uses. It has been the City's policy to allow home based businesses unless there are complaints by neighbors of excessive noise or traffic or evidence of on-site employees. The draft Development Code includes provisions for home-based businesses including operational standards which address the number of employees, signage and vehicular traffic and prohibits outdoor storage and the storage or use of hazardous materials. These standards have been created to protect the health, safety and welfare of local residents and preserve the integrity of single family residential neighborhoods. Adult -Oriented Businesses Like sign regulations, adult businesses are protected under the First Amendment. The negative secondary effects associated with adult-oriented businesses (i.e. noise, congestion, deteriorating property values, etc.) have been recognized by the United States Supreme Court as a legitimate basis 5 to regulate adult uses, provided that the regulations include basic constitutional safeguards for activities protected by the First Amendment. This means that the regulations must be "content neutral," i.e. the secondary impacts may be regulated, but the activity itself must be permitted as an ,expression of free speech. In determining the constitutionality of adult-oriented business regulations, the Supreme Court uses the same four-part text applied to sign regulations; the regulation must concern lawful activity, assert a substantial government interest, directly advance the government interest asserted, and can be no more extensive than necessary to serve that interest. In order to be valid, zoning regulations addressing adult-oriented businesses must provide a genuine opportunity for adult oriented businesses to establish and operate. The determination of validity is a function of two interrelated "issues, the quality of the sites and the quantity of the sites. Based on case law, zoning regulations can't be so restrictive so as to result in a "de facto" prohibition of all adult businesses. The zoning district and proximity designations must be determined on a case-by-case basis by each City adopting regulations. The Courts have not provided any set formula as to how many locations must be available for adult-oriented businesses in order for the regulations to be constitutional. At least two courts have held that if more sites are available than the number of businesses which demand them, the number of sites is not unreasonable. The quality of the site is the second issue. The Courts have stated, "property is not potentially available when it is unreasonable to believe that it would ever become available to any commercial enterprise". Sites Located in manufacturing and industrial zones must be "reasonably accessible to the general public, must have proper infrastructure such as sidewalks, roads, and lighting" and must be generally suitable for some commercial enterprise. whether or not the site suits the particular needs of an adult business. However, locational criteria alone may not adequately protect communities from the negative secondary side effects associated with adult-oriented businesses. Because of this, local governments can enact zoning regulations that are applicable only to adult business uses. Licensing requirements, applicable only to such uses, are also valid. The City's current Planning and Zoning Code 'permits adult-oriented businesses within the C-3 (Unlimited Commercial), the M-1.5 (Restricted Heavy Manufacturing), M-2 (Heavy Manufacturing) and M-4 (Unlimited Manufacturing) zones. Adult-oriented businesses are subject to approval of a Conditional Use. Permit and are not permitted within a 1,000 foot radius of any other adult business. They are also subject to specific findings that C the use is 500 feet from a place of worship, school park, playground or similar use, is sufficiently buffered from residentially zoned areas; and that the external appearance of the structure is consistent with other commercial structures within the area so as to not cause blight or diminish property values. In addition to the current Planning and Zoning Code requirements, adult- oriented business are subject to the business licensing requirements of Los Angeles County. Business licenses for adult-oriented businesses require a public hearing, are issued for a period not exceeding one year and are subject to a renewal hearing. Entertainment uses must also obtain an entertainment license which is subject to specific application requirements and a public hearing. In addition to the provisions that the City adopts for adult-oriented businesses, these uses will continue to be subject to County business licensing requirements. The draft Development Code proposes limiting adult-oriented businesses to the Light Industrial (1) General Plan land use designation. These areas are located north of the 60 Freeway, generally adjacent to the City's northwest boundary. This area is separated from the majority of the City's residential uses, schools, churches, daycare centers, parks and playgrounds. Further, 'the proximity of the freeway provides a boundary for the industrial area, separating it physically, and by locational identity, from the bulk of the City east of the 57 freeway. Of the City's twelve public school sites, the Walnut Valley Elementary School, located at the southeast corner of Lemon Avenue and Lycoming Street is the only school in the area. The closest park is Starshine Park, which is located approximately 1 mile to the South on Starshine Road. There is one daycare center in the general area, located at the southwest corner of Brea Canyon Road and Lycoming Street. After considering several alternative distances and the legal requirement that a reasonable number of viable sites be provided, a 500' separation requirement from all schools and daycare centers, single and multi -family residences, parks, playgrounds, places of worship and other adult-oriented businesses is proposed. The- provisions also include requirements for approval of an Adult -Oriented Business Permit, an Adult -Oriented Entertainer Permit and includes procedures and requirements for applications, investigation, design standards and performance standards. Like the rest of the Code, the adult-oriented business regulations have been thoroughly reviewed by the City Attorney. 7 Telecommunications Facilities Currently, telecommunications facilities are regulated by Ordinance No. 4-A. This extended the previously adopted Ordinance No. 4, establishing a moratorium on the application for or approval of new telecommunication facilities (with certain exceptions) until July 17, 1998 or upon the effective date of a new ordinance, whichever is sooner. The Planning staff is in the process of drafting these regulations. They will be presented to the City Council for review and inclusion as part of the Development Code, as soon as the Planning Commission has completed their review and made a recommendation. CITYWIDE DESIGN GUIDELINES The purpose of these guidelines is to promote development which respects the physical and environmental characteristics of the site and community, and which reflects functional and attractive site planning and high quality design. The Design Guidelines are to be used in conjunction with the development standards contained within the Development Code. The Guidelines are divided into the categories of Commercial, Industrial, Residential and View Protection. Within these categories, specific design elements are addressed, including site planning, architecture, landscaping, hardscape amenities, walls and fences, lighting concepts and signage, although not every topic is applicable to every category. Site Planning Site Planning addresses the arrangement and placement of buildings on a parcel of land, their relationship to surrounding developments and the design of the parking lot and the placement of drive aisles. Architecture Architecture refers to the appearance of the outside of the building, focusing on how the shapes of the buildings, construction materials, color and other features combine to enhance the design and appearance of the building's exterior. Landscaping Landscaping serves many purposes within a development. It is used to enhance architectural design, soften hard building edges, and to separate parking areas and buildings from the street and other land uses. It is also used to screen parking lots from view and to provide shade for parked cars. 1.1 In residential uses it is used to provide privacy and shade and to enhance and define property boundaries. Hardscape Elements Hardscape elements are applied to commercial and industrial development and includes street furniture such as benches, trash receptacles, paving treatment, water features and sculptures. WaVe and Fences Walls, or retaining walls and fences serve many functional and aesthetic purposes within a development. They can be used to enhance a building's architecture and to define project boundaries, and to screen unsightly uses from public view. Walls are used to provide a sense of security and safety and enhance privacy. Retaining walls are used in conjunction with grading to support slopes and to created useable yard areas. The design of walls and fences as an integral part of a development is important. Construction material and colors should be consistent with the project architecture. The material, style and height of walls and fences should provide an element of visual continuity. Where applicable fencing should also be sensitive to adjacent property uses, providing screening and buffering. Lighting Lighting is another feature with both functional and aesthetic purposes. A well lighted commercial Center can provides safety for patrons and visibility for the tenants. Lighting can be used as part of a hardscape theme to enhance the buildings architectural themes. Lighting creates ambiance and atmosphere and allow outdoor recreational and business activities to be conducted in the evening as well as daytime hours. Adequate, well placed lighting is an asset to commercial and residential developments. Si na e Signage provides, identify and visibility to a business -owner and provides crucial information to patrons. Sign height, color and letter style can be used in conjunction with architecture to reinforce and enhance a design theme. Well designed signage can enhance the appearance of a streetscape or add color and interest to a commercial building.. 9 SUMMARY Article III is the longest Article in the Development Code and addresses many issues which are crucial to the City's future development, including hillside development, tree preservation, parking standards and signage. Many of the provisions in Article III implement specific General Plan strategies. The Citywide Design Guidelines have been created as an adjunct to these development standards and are intended to guide the City and the development community in creating future development that promotes business opportunities and provides a pleasant and beautiful place to live, work and shop. c:ci/ccrosm29 10 CITY OF DIAMOND BAR INTEROFFICE MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL VIA: TERRENCE BELANGER, CITY MANAGER FROM: JAMES DESTEFANO, DEPUTY CITY MA R SUBJECT: COUNCIL COMMENTS ON ARTICLE III DATE: FEBRUARY 9, 1998 The following are Council comments on Article III of the Development Code. Staff's responses are shown below in italics. 1. Page 111-5, 22.16.020, by striking out "or moved to" does that mean that we will not allow a structure to be moved to another location? No. State law requires that cities allow the installation of manufactured housing on lots zones for single family residential dwellings, which would be a circumstance under which a structure would be "moved to " a legally recorded parcel. This can be corrected. 2. Page III -6, A2, what is considered "high winds" and who determines the high winds? This would a judgement call on the part of the construction superintendent. The City would respond to any complaints by neighbors about blowing dust and ensure that such operation cease under these conditions. 3. Page III -7,A, is 20 feet a standard height? According to the Building and Safety Division 20' is a standard height. 4. Page 111-10, C, Why is the acreage different for new centers vs. old remodeled centers, i.e., one acre vs. five acres? This was a judgment call on the part of staff. The primary intent of this section is to provide opportunities for new projects to integrate pedestrian open space into the original design of a new commercial project, even in smaller center. However, it would be more difficult to retrofit an existing smaller Center, and allow an increase in the floor area or lot coverage on a site that is already developed. it was determined by staff, it would require a larger site to accommodate such a redesign effectively. 5. Page III -11, A, Last sentence, what if the wall was not part of a project review? Walls that are not part of a project are still subject to over-the-counter review by the Planning Division, where they are evaluated for compliance with height and locational standards and to ensure the materials and colors are aesthetically pleasing and compatible with the residence or primary structure. 6. Page III -11, B, "including views from above the subject project" does this mean a screen or roof has to be put on to block the view from above? Yes, this is an issue in Diamond Bar because of the hillsides and the potential for a residence to be located above a commercial development where residents could be impacted by views of unscreened roof - mounted equipment. 7. Page III -12, E. Could you give an example of what this is talking about? Most of the shopping centers in the City have parking lots adjacent to the street. An example is the Ralphs Center on the corner of Grand and Diamond Bar Boulevard. if this Center were constructed by the propoesed standards in this section, screening would be required. An example of a Center where the parking area is below the abutting property for in this case the street) is Country Hills Towne Center, where the parking lot is significantly below the level of the street and the parking lot is not as visible. The intent of this section is to provide the public with views of landscaping and low walls rather than a sea of cars. , 8 Page III -17,2. For clarification can we add a reference to "Table 3-1 " in the first sentence, "The following (Table 3-1) are.."? 9. Page III -18, B. For clarification can we add a reference to "Table 3-2" in the third sentence, "The following (Table 3-2) are.."? These references can be added. 10. Page 111-20, D. do we need to add the "Council" as possible reviewing the projects? Council can be added. 11. Page III -21, 1 would like to have Figure 3-5 explained (verbally is fine)? This figure illustrates graphically the location of required yards and the height limits for walls within these yards. "Sight distance area" refers to the area on a corner lot adjacent to the roadway, which is required to be clear of obstructions which may block the view of motorists, potentially creating a traffic hazard. 12. Page III -23, 22.18.010, Would the "25% more residential units" require a General Plan amendment? No, this exception is required by State law to encourage the provision of affordable housing and would not require a General Plan amendment. State law overrides the regulations of the local jurisdiction. 13. Page I11-33, A, remove "which" from first sentence? 14. Page III -33, B, remove "that" from first sentence? 15. Page III -33, 61, remove "which" from first sentence? These changes can be made. 16. Page 111-35, A, could you please give an example? If a project is located within the Rural Residential zoning district, the maximum density is 1 unit per acre. If the slope area is 26% to 30%, in accordance with Table 3-4, it would be subject to a density reduction factor of 0.9. This would be multiplied by the 1 acre, resulting in a Permitted density of .9 units per acre, reduced from 1 unit per acre. 17. Page III -35, B, Can the "Council" as well as the Commission increase the allowable density? Yes. The Planning Commission is the recommending body for subdivisions and the City Council, as the final decision-making body, could increase the allowable density. 18. Page III -35, B, last sentence, what is "an appropriate manner"? An example would be the dedication of an open space easement and a condition of approval applied to the recorded tract map restricting development in areas that the City determines should be retained as open space. 19. Page 111-36, 6. Do we have any "significant archaeologic areas"? (Note, my computer spell check says archaeologic is misspelled. Should it be "archaeological" instead?) According to the Master Environmental Assessment (MEA) which was adopted by the City Council in July of 1992, there are five recorded archaeological site within the City and the sphere of influence. These 7 sites are shown on the attached map taken from the MEA. Archaeologic can be changed to archaeological. 20. Page III -36, B, third line, should "effect" be "affect"? This will be corrected. 21. Page III -36, A, Should "Council" be added to the last line? Council can be added. 22. Page 111-40, A. Should the reference to "Figures 111-10 and 111-14" be "Figures 3-10 and 3-14"? If not, then where are Figures 111-10 and 111- 147 This will be corrected. 23. Page lit -44, B5, Since you eliminated "100 feet measured " should we then eliminate "whichever is more restrictive" at the end of the sentence since we are only giving one option? This will be deleted. 24. Page 111-45, 6, is this the description for Figure 3-167 If it is can we add a reference? No. This will be clarified. 25. Page I11-46, C1, add reference to Figure 3-17? 26. Page III -47, 4, Is this the description for Figure 3-197 if it is can we add a reference? 27. Page III -48, 6, Is this the description for Figure 3-207 If it is can we add a reference? 28. Page 111-49, 8, add reference to Figure 3-22? 29. Page 111-49, 9, add reference to Figure 3-237 These references will be added, except for item 6 on page 111-48 which does not reference figure 3-20 30. Page III -50, top two sentences. Why would we have anything in this Section that "does not most sound engineering standards"? This section will be reworded 31. Page III -50, Al, what is "rip rap:? Rip rap is masonry or concrete and rock laid randomly against the earth to form a barrier to retain a slope or to prevent erosion. An example is located within the Piermarini project on Diamond Knoll. 4 32. Page III -51, 61, add reference to Figure 3-267 33. Page III -56, A, add reference to Figure 3-31? 34. Page III -56, 61, add reference to Figure 3-32? 35. Page III -58, where can we reference Figure 3-34? 36. Page 111-59, where can we reference Figure 3-35? These references can be added. Figures 3-34 and 3-35 can be referenced under B.1 on page 111-58. 37. Page 111-60, 22.22.130, How long can "sandbags" be used as retaining walls? Is it appropriate to add some language saying that sandbags are temporary only? i am referring to the year-round sandbags that are used on Golden Springs between Copley and Grand. Sandbags are intended for use as erosion control, not as a retaining walls and would not be addressed in this section. According to the Public Works Division, there is no set life for sandbags, they are replaced as required. 38. Page 111-61, 63, fourth sentence, should "plan" be "plain"? "Plan view" refers to the view when looking down on the plans, similar to an aerial view. 39. Page III -79, C, Who determines what a "regular maintenance schedule" is? This would be determined by the project applicant under the advisement of the landscape architect or contractor. A regular maintenance schedule will insure that the landscaping is properly maintained. if it is not then this would be a Code violation. 40. Page III -83, 61, What does "L50" mean? "L" refers to the noise level, the number in subscript refers to the percentage of time that the noise level is being exceeded. As described in the text, the noise level standard may not be exceed -more than 30 minutes in any hour. 41. Page 111-84, E, If a citation is issued, what is the penalty? According to Chapter 1.04 of the Municipal Code -Penalties, civil Remadieanyone violating the Code is guilty of a misdemeanor, which is punishable by a fine not exceeding $1, 000.00 or by imprisonment not exceeding six months, or by both fine and imprisonment. However, the City may at their discretion determine that a violation is considered an infraction, which is subject to a fine not exceeding 8100.010 for the first violation, $200.00 for a second violation of the same provisions within one year; and $500.00 for each additional 5 violation of the same provision within one year. 42. Page 111-88, C, How does this compare to the L.A. City ban? This can be researched further. 43. Page III -89, J1, Do we test the Garbage Trucks now? No. 44. Page III -92, 22.30.040, Can we control the size of the parking spaces? Some of our current shopping centers have too narrow of parking spacesl The size of parking spaces are regulated by the Development Code. The current Planning and Zoning Code requires standard parking spaces to be 8.5'x 18' and compact spaces to be 8'x 15. ' The proposed Code (Page /I1--140) establishes a minimum 9' x 19' standard stall dimension and does not allow compact spaces. The size of the parking spaces is controlled by the Code and when a new project is reviewed by the planning staff or an existing project is modified, the parking space dimensions are checked for compliance with the Code regulations. 45. Page III -98, do these vehicle spaces required include spaces for employees? Yes, these standards have been created to include employee parking spaces. Additionally, through the discretionary approval process, the Director or the Planning Commission can require additional parking spaces for employees or designate certain spaces for employee use only if.it is determined to be beneficial to the operation of the project. 46. Page III -104, last block on right of Table 3-12, should "62 feet" be changed to "64 feet"? These calculations will be confirmed with the consultant. 47. Page III -116, F4, should "Council" be added along with the Commission? Planned developments are subject to Development Review, which is subject to review and final approval by the Planning Commission. Unless the planned development is processed in conjunction with a subdivision, the Planning Commission will be the final decision making authority for these projects. 48. Page III -117 A1, would this include boats and trailers? This would include inoperative boats and trailers. Further, B. below limits the parking of motor vehicles to a garage, carport, driveway or other paved parking area. Z 49. Page III -117, A2, who enforces this? The Code Enforcement Officer would enforce, generally by responding to complaints of an inoperative vehicle. 50. Page III -118, B2, can we add recreational vehicles, boats and trailers? B. 1 above, addresses the appropriate storage and parking of these types of vehicles. 51. Page III -118, C, who enforces? The Code Enforcement Officer, generally responding to neighborhood complaints 52. Page III -118, D, What is recourse if not maintained, who will enforce? The Code Enforcement Officer. 53. Page III -118, Al, add recreational vehicles? This can be added. 54. Page III -119, B, does this mean that we have to have on-site parking if our garage is full of wonderful treasures that we can't part with? yes. 55. Page 111-119 C2, add recreational vehicle, boat? This can be added to C 1. 56. Page 111-119 D, E, F, G, who enforces? 57. Page III -121 F, who enforces? The Code Enforcement Officer. 58. Page 111-132, E, I would like the Council to reconsider the "50%" minimum. This can be discussed at the workshop and public hearing. 59. Page III -134, D, should this be "C"? If so, then need to also change "E" to "D" This will be corrected. 60. Page III -135, 2, how will this be enforced and is there any penalty? The Code Enforcement Officer will generally just take the signs down. 61. Page III -136, C1, last word "Ordinance", is this Development Code considered an "Ordinance"? The Development Code will be adopted by ordinance as Title 22 of the Municipal Code. "Ordinance" should be changed to "chapter. " 62. Page 111-141, D, can this be applied to "political campaign signs"? Political campaign signs are considered temporary signs and are subject to the provisions contained within Section 22.36.090. "D" could be applied to this type of sign. 63. Page 111-167, D, who pays for the investigation and How long does the Sheriff have to complete the investigation? A time limit has not been specified. The cost would be charged to the applicant as part of the permit processing fee. 64. Page 111-167, D1, do we need to substitute "Sheriff's completed investigation" for "filing of the permit" in the sentence, "Director shall approve the application within 20 days of the Sheriff's completed investigation unless one or more.." This will be changed. 65. Page III -167, D1d, can we add a definition of "Specific Criminal Act" in Article VI? This can be added. 66. Page 111-167, D1d3, Does this mean that if a person is appealing they can get a license?. This will be clarified. 67. Page 111-168, 4 top of page, Is this a legal requirement that we must allow? The adult -business regulations have been prepared in conjunction with and thoroughly reviewed by the City Attorney to insure compliance with all applicable laws. 69. Page III -168, 2, what is the reasonable time allowed? This will be clarified. 70. Page 111-168, F, Is this from the outermost or closest property line or is it how close the buildings could be? In accordance with Article 1, Section 22.04.020D. (page 1-12), separation between land uses shall be measured from the exterior property boundary of the subject site to the exterior property boundary of the site from which such separation is required. 3 71. Page III -169, 2, can we require a locking device? This requirement can be added. 72. Page 111-169, 6, does ,this apply to video rental stores which have adult movies? Only if it is considered a sexually -oriented business. /n accordance with Article Vl, Definitions, (pg VI -6), this is a business having at least 20 percent of its stock devoted to sexually -oriented material, sexually - oriented merchandise, or both. 73• Page 111-170, 10b, does this also apply to people blocking the view? l don't believe that this would be enforceable unless it was on a consistent basis for an extended period of time. 74. Page III -170, 11a, do we need to add further stipulation that there be separate dressing rooms for males and females? This can be specified. 75. Page 111-171, H3, can we add "sufficient to prevent viewing from outside" to the and of the sentence? This can be added. 76• Page 111-173, 11b, how are we going to monitor the 20967 Through undercover officers doing periodic investigation and through the Code Enforcement Officer responding to any complaints. 77. Page III -173, 12a, should "Entertainer" be added to " Sexually -Oriented Business Entertainer Permit number"? This can be added. 78. Page 111-174, 2a, does this mean 20 days after the Sheriff completes his investigation? This will be clarified. 79. Page III -178, D, are you allowed to have three dogs and three cats? / believe that it is any combination of the two, but this will be clarified. 80. Page III -179, A, how many children are allowed in a "large family day- care home"? Seven to fourteen, in accordance with the Definitions Article (pg. V1- 12). 81. Page 111-179, A1c, why would we allow this? This will be clarified and can be discussed further. 9 82. Page III -180, 6a, How do you provide a residence with one additional parking space? If there is enough room on the driveway or if the site will accommodate an additional paved area. 83. Page III -180, B, reference to "Subsection B" should be "Subsection A" This will be corrected. 84. Page 111-183, A5, does this mean that you cannot have an employee i.e. tax service where you have employees come into your home to help? Yes. 85. Page 111-184, 9, can we add a definition of "hazardous materials" to Article VI7 This can be added. 86. Page III -184, 10, How does this affect businesses such as Avon, Tupperware, etc. Yes. 87. Page 111-184, 81, do we know what the "Subsection 9.xx.xxx" is? This should be changed to "subsection A. above" 88. Page III -188, 5, remove "; and" from end of paragraph. This will be removed. 89. Page III -193, A3c, can we add page number III -196 to make it easier to find Table 3-157 This will be added. Attachments: General Plan Archaeological Resources Map E FAI Z X37 � ZN O O"' 35 7 a Z Lif d� CX� i 5 MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION AUGUST 5, 1997 CALL TO ORDER: Chairman Ruzicka•called the meeting to order at 6:07 P.M.' in the South Coast Air Quality Management Board Room, 21865 East Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Recording Secretary Dennis. ROLL CALL: Present: Chairman Ruzicka, Vice Chairman Schad, Commissioners Fong, Goldenberg and McManus Also Present: Deputy City Manager James DeStefano, Senior Planner Catherine Johnson, Associate Planner Ann Lungu and City Attorney Jenkins. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: Debbie O'Connor sta misstatements have petition signature Exhibit 5.1 Capital states one of the recreational trail comes from the Rede CONSENT CALENDAR: ted that with respect to the Parks Master Plan, been made to the public during Redevelopment gathering. She referred the Commissioners to Improvement Plan of the Parks Master Plan which funding sources for improvements, including improvements, community center, sports parks, :velopment Agency. 1. Minutes of July 29, 1997. C/Goldenberg made a motion, seconded by C/McManus to approve the minutes of July 29, 1997 as submitted. The motion was approved 5-0. OLD BUSINESS: None NEW BUSINESS - None CONTINUED PUBLIC HEARING: 1. Draft Development Code (Zoning Code Amendment ZCA 97-1) Article III - Site Planning and General Development Regulations, and Article IV - Land Use and Development Permit Procedures. Bruce Jacobson, Jacobson & Wack, presented an overview of Article IV - Land Use and Development Permit Procedures. AUGUST 5, 1997 PAGE 2 PLANNING COMMISSION DCM/DeStefano left the meeting at 6:25 p.m. to attend the City Council meeting. C/Goldenberg was excused from the meeting at 6:30 p.m. to participate in City Council ceremonies. C/Goldenberg returned to the Planning Commission dais at 6:50 p.m. C/Fong asked if the Development Code spells out the maximum retaining wall height. Mr. Pflugrath responded that retaining wall information is discussed in Article III - Hillside Management. C/Fong requested that the Planning Commission discuss retaining walls during the Article III presentation. Chair/Ruzicka asked if an enclosure on top of a room addition at the rear of a residential structure would fall under Minor Conditional Use Permits. He asked if residential property room additions are considered under minor Conditional Use Permits. Mr. Jacobson responded that if the room additions are proposed to be within the allowable building envelope and not intruding into the allowable setback or exceeding the allowable height, no discretionary permits would be required. SP/Johnson responded to VC/Schad that the Development Code is interpreted to balance the rights of neighbors and the rights of the property owner. It is difficult to disapprove a project when the property owner is constructing within the setbacks and height requirements. Chair/Ruzicka said he believes staff should caution property owners to act prudently. SP/Johnson responded to C/McManus that surrounding property owners would be notified about projects that are subject to Administrative Development Review. Mr. Jacobson stated that if the project is allowable and does not describe the need for discretionary review, no notice will be given and the neighbors may not be aware of the project until construction begins. During review of Article III, it is incumbent upon the Commission to look at the standards and decide which, if any, may need to be revised. Chair/Ruzicka reiterated his concern for staff to include questions or statements to the property owner contemplating room additions such as, whether the AUGUST 5, 1997 PAGE 3 PLANNING COMMISSION property owner has asked his neighbors if the proposed room addition might adversely effect them. Mr. Jacobson suggested that building envelope numbers could be tightened to more frequently trigger a discretionary permit for certain types of activities such as rear yard accessory structures. If the property owner builds within what is proposed in the document before the Commission, the addition is non -discretionary. The standards could be changed through this public hearing review process to limit the amount of building on a residential or commercial site. There are many ways to regulate building coverage and minimize view and privacy intrusion. Bob Zirbes complimented the consultants on their proposed Development Code. Mr. Jacobson responded to Mr. Zirbes that the City does not enforce CC&R's. Mr. Jacobson stated definitions for both "Neighborhood or Area Plans" and CC&R's will be provided in Chapter VII. Mr. Zirbes asked for an expanded definition of "materially injurious" such as "due to its design, appearance or use" found on Page IV -13, Item E. Mr. Zirbes asked for inclusion of a definition of "view" called out in Item 7. on Page IV -lo. Following discussion, the Commission concurred that due to the City's unique topography, "view" is an important issue and should be more thoroughly discussed in the Development Code document. Mr. Jacobson indicated that in order to protect "views" an element would need to be added to Article III. The question would be whether the City would have the comfort level in regulating and saying "no" to a project that would impact a single person's view versus the ability for the landowner to use the land in the way the City's General Plan allows them to use the land. SP/Johnson pointed out that the City's Planning Department and Planning Commission have discretionary authority and can exercise sensitivity in the negotiation of projects. Mr. Pflugrath indicated the consultants will work with staff to provide the Commission with documentation and copies of other city's ordinances for perusal. C/Fong asked if staff has read the document and has any suggestions to offer. AUGUST 5, 1997 PAGE 4 PLANNING COMMISSION SP/Johnson again explained that the version of the Development Code now before the Commission is a result of cooperative effort between the consultants and the Building and Safety, Engineering and Planning staff. Staff has had ample opportunity to include recommendations and offer corrections to the document. The existing review thresholds are codified -in the current document. She asked the Commission to consider the current thresholds for the review process and whether it wishes to make changes. Chair/Ruzicka stated he is comfortable with the thresholds contained in the document. SP/Johnson responded to C/Fong that the Development Code is meant to be a fluid document. The Commission concurred to accept Article IV with recommended changes and additions. Mr. Pflugrath requested the Commissioners forward their recommendations with respect to punctuation, spelling, grammar and syntax of the document to staff. Ron Plugrath, AICP, Urban Design Studio, present an overview of Section I of Article III - General Property Development and Use Standards. C/Goldenberg asked that "whenever possible" be added to A.5. on Page III -6 so that it reads: "On-site roads. On-site roads shall be paved as soon as feasible, watered periodically with reclaimed water whenever possible, or stabilized in an environmentally safe manner;". Mr. Pflugrath responded to Chair/Ruzicka that with respect to Exterior Lighting C. on Page III -7, the code does not apply to single-family residential uses: Chair/Ruzicka asked that E. 1. on Page III -7 be corrected to read: "Light fixtures shall not be located closer than 10 feet to the nearest property line.". Chair/Ruzicka stated he believes the code should address security lighting for single-family residential use. C/Goldenberg asked that the last sentence under Exterior Lighting A. on Page III -7 be changed to read: "Generally, pole -mounted fixtures shall be low in height or equipped with liaht shields (See D Shielding.)_ to-' reduce or eliminate light spillage beyond the project's boundaries. C/Goldenberg asked that Item E. 3. on Page III -8 be corrected to read: "Light fixtures shall Dg -t be located more than 18 feet from the court surface.". AUGUST 5, 1997 PAGE 5 PLANNING COMMISSION C/Goldenberg ask if commercial lighting, such as golf course lighting, should be included in Item E. 6. on Page III -8. C/Goldenberg asked if the hours of operation should be expanded to include weekends and/or holidays under Item E. 7. on Page III -8. C/Goldenberg asked for inclusion of a graphic explanation of the "Height Measurement and Height Limit Exceptions" Chapter on Pages III -8 and III -9. Mr. Pflugrath indicated that a graphic will be provided within the Hillside Ordinance in addition to this chapter. C/Goldenberg asked that "community" be added in place of "public in line 4 of the opening statement of the Open Space for Commercial Projects chapter on Page III -9 so that the last sentence reads: "The intent is to make the pedestrian environment more pleasant through the provision of community open spaces, plazas, courtyards, etc.". C/Goldenberg asked that a space be inserted near the end of the second sentence of C. Open space bonuses. under Open Space for Commercial Projects on Page III -10 to separate available and at. Chair/Ruzicka pointed out that with respect to the Screening and Buffering section, the Gateway Corporate Center is in full view of several homes along the ridgeline. He stated he is concerned about neon signs on buildings. The Commission denied a request for a second sign for the University of Phoenix which was overturned by the City Council. He asked how this's.ection will protect the homeowners from blight due to rooftop signs and apparatus such as air conditioning units, antennas, etc. when the center is built out. Mr. Pflugrath stated this section can provide that rooftop mounted equipment must blend architecturally with the structure. He indicated language would be added to Screening and Buffering B. Mechanical equipment. on Page III -10, to require consideration of views from above the structure. The Sign ordinance addresses glare and light emission from signs. C/McManus.stated he believes parapet roofing would be the best solution for screening equipment. He further stated that in his opinion, there should be no rooftop signage in the Gateway Corporate Center. AUGUST 5, 1997 PAGE 6 PLANNING COMMISSION Mr. Pflugrath responded to C/McManus that this section of the Code deals mainly with new construction. C/Goldenberg asked that the Commission give further consideration to camouflage with respect to Page III -11, Item E. 2. Fences. VC/Schad said he is concerned about sidewalk safety with retail store doors opening directly into the parking lot. Mr. Pflugrath suggested inclusion of a requirement to provide a separation of a designated number of feet between vehicular travel lanes and front building entries. C/McManus suggested that commercial buildings build the front entrance out and provide entry through the side rather than from the front. Mr. Pflugrath responded to C/Fong that the requirement for commercial parking lot landscaping is contained within the Parking section. Chair/Ruzicka asked for inclusion of a setback chart or graphic. C/Goldenberg asked if Section B. 1. a. refers to the roof overhang or the structure as the nearest point. Mr. Pflugrath responded that the measurement is from the face of the wall. C/Goldenberg requested the first sentence, line 2 of B. 4. b. on Page III -12 be correct to read "...parallel to and at a maximum distance from the front lot line.... etc." C/Goldenberg requested that Item B. S. Nonparallel lot lines be stated more clearly or eliminated entirely. Chair/Ruzicka asked Mr. Pflugrath to reconsider paragraphs B. 4. b. and S. on Page III -12 for further clarification (chart or graphic) or rewrite. Mr. Pflugrath concurred with C/McManus that "and" should be changed to "or" near the end of the third line of Paragraph B. S. on Page III -12. Mr. Pflugrath explained to C/Fong that the side yard and rear yard setback requirements are contained in Article II - Property Development Standards. AUGUST 5, 1997 PAGE 7 PLANNING COMMISSION. Following discussion, Chair/Ruzicka recommended "as defined in Article II" be added at the end of B. S. on Page III -12. C/Goldenberg suggested minimums of three feet be included in Section D. 2. c. and 3. b. 3) on Page III -13. The Commission and the consultants concurred that the Code should address "solar devices" as a separate category. See Item D. 2. on Page III -13 continued from page III -12. C/Goldenberg asked for reconsideration of Item D. 4. d. 2) on Page III -13. Mr. Pflugrath suggested that the sentence be rewritten as follows: "The height of guard rails shall be as required by the Uniform Building Code (UBC)". Mr. Pflugrath responded to C/Fong that satellite dishes and antennae is covered under the Telecommunications Chapter. Usually, such devices are not allowed within a setback area. RECESS: Chair/Ruzicka recessed the meeting at 8:30'p.m. RECONVENE: Chair/Ruzicka reconvened the meeting at 8:40 p.m. C/Goldenberg pointed out that D. 4. g. 2. on Page III -14 should be corrected by eliminating "and" at the end of the paragraph and ending the paragraph with a period following "parcel". Craig Clute asked if the code section referring to Exterior Lighting applies to school sites. Chair/Ruzicka responded that school districts are not governed by City statutes. Mr. Clute recommended that the Code state that no duct work can be mounted on residential rooftops. Mr. Pflugrath stated the Code currently allows duct work to be mounted on rooftops as long as it is compatible with the building aesthetics. Following discussion of D. 4. g. Retaining walls, the Commission concurred that the Code should refer to the UBC Code where applicable throughout the document. Ron Pflugrath presented an overview of Section II of Article III - Affordable Housing Incentives/ Density Bonus Provisions discussion. AUGUST 5, 1997 PAGE 8 PLANNING COMMISSION C/Goldenberg asked how the City will enforce and monitor the provisions contained in Eligibility for Bonus and Incentives B. 1. 2. and 3. CA/Jenkins responded that typically, a property owner is obliged to enter into an agreement with the City which compels them to make the percentage of units affordable (rental or for -sale units) and an annual report to the City that would evidence price and eligibility based on income requirements for rental units. In the case of for -sale units, a deed restriction would be required to be placed against the title of the property so that it could not be sold for more than the original price plus a certain inflation factor so that the qualifying buyer could not make a huge profit by selling it at a market rate so as to insure the affordability of the unit for a specified number of years (20 or 30 years). City staff will monitor the development to insure that the units are being used for their proper purposes. C/Goldenberg asked if additional language should be included in the code to explain the procedure. CA/Jenkins indicated that some additional language may be appropriate with regard to entering agreements and periodic report provisions. He indicated he will provide sample language to the consultants. C/McManus suggested that the chapter include language to the effect that this section "conforms to current State regulations". CA/Jenkins indicated specific language is not contained within the State regulations. Cities may define and enforce the regulation differently. C/Goldenberg said that in his opinion, A. Density bonus. under Types of Bonuses and Incentives Allowed on Page III -18, is a variance without findings and he has a problem with the concept. CA/Jenkins stated the reason the bonus is allowed without variance findings is that in the absence of a bonus it could be argued that the developer is being forced to give up a right (being forced to use his property for public purpose) which would. constitute a taking of his property. The 25 percent figure is mandated by .State law. C/Goldenberg stated that in his opinion, Section B. 1. could lead to "junk development" and how does the City protect property values in the surrounding neighborhoods. He further stated he believes that in addition to the City Council, the Planning Commission should have input AUGUST 5, 1997 PAGE 9 PLANNING COMMISSION with respect to the approval of one or more of the incentives (see the last paragraph under B. Other incentives on Page III -18). CA/Jenkins responded that there is discretion in terms of what incentives may be required. Therefore, the Commission can have input with respect to what incentives would be most appropriate and what incentives would not be appropriate. A discretionary approval would be required by the Planning Commission. C/Goldenberg asked that specific language be included within the last paragraph under B. Other incentives on Page III -18 that property values of surrounding neighborhoods are to be protected in the event that incentives are granted. SP/Johnson stated that new development is subject to Development Review. The Development Review ordinance requires high quality of development and compatibility with the surrounding neighborhood. Chair/Ruzicka reiterated the Commission's concern to have language incorporated which specifies that property values will not be negatively effected. C/McManus stated he believes that no matter how cautious a City is in administering affordable housing, it may have some adverse effect on property values. CA/Jenkins explained that the discussion is not about exclusive "affordable housing". The discussion is about developments that contain a percentage of affordable units which are disbursed throughout the project and which must have the same appearance in all respects to the market rate housing. CA/Jenkins, addressing C/Goldenberg's concerns, stated that incentives are no longer available for developers building exclusively affordable housing projects. This program is completely separate and is designed to deal with the developer who wants to provide affordable units which are disbursed within an otherwise market -rate housing development or is compelled to, by virtue of an inclusionary housing program that the City has that compels the developer to provide a percentage of affordable units in order for the City to meet its Housing Element goals called out in the City's General Plan. C/Goldenberg asked that C. 5. under Processing of Bonus Requests on Page III -19 be defined. AUGUST 5, 1997 PAGE 10 PLANNING COMMISSION PLANNING COMMISSION ITEMS: C/Goldenberg commended the staff, consultants and his fellow Commissioners for their attention to the Development Code document. INFORMATIONAL ITEMS: SCHEDULE OF FUTURE EVENTS: As presented in the agenda. ADJOURNMENT: There being no further business to come before the Planning Commission, C/McManus moved, C/Goldenberg seconded, to adjourn the meeting. Chair/Ruzicka adjourned the meeting at 9:50 p.m. to 6:00 p.m. August 12, 1997 in the South Coast Air Quality Management Auditorium. ectfuA ly^Submitted, s DeStefanb ty City MaAager Attest: c -�� / �- % -_2----D Ruz'cka Chairman OCTOBER 27, 1997 PAGE 8 PLANNING COMMISSION Chair/Ruzicka asked VC/Schad if he was recusing himself from this item. There was no response for the record. Chair/Ruzicka asked for advise with respect to continuing this matter. DCM/DeStefano stated that the Commission has lost its quorum and its ability to discuss this matter. Chair/Ruzicka asked if the Commission can continue to discuss any other items on the agenda. DCM/DeStefano stated the Commission may not continue unless VC/Schad returns to the dais thus restoring a quorum. RECESS: Chair/Ruzicka recessed the meeting at 7:55 p.m. RECONVENE: Chair/Ruzicka reconvened the meeting at 8:13 p.m. DCM/DeStefano explained that due to lack of quorum, the Commission does not have the ability to make any decision regarding Continued Public Hearing Item No. 1. Therefore, staff recommends that the Commission move to the next item on its agenda. 2. Draft Development Code (Zoning Code Amendment 2CA 97-1 and Negative Declaration No. 97-3). Review of all Articles of the Draft Development Code, Draft Subdivision Code, and Draft Design Guidelines. Staff recommends that this matter be continued to the November 12, 1997 Planning Commission meeting. Robert Zirbes, a Diamond Bar resident, s -aid he has participated with the Commissioners on the Draft Development Code over the past few months.* He indicated he came to tonight's meeting prepared to work toward the document's finality. However, he is somewhat surprised by what has ,occurred this evening. He recommended that the Development Code.be held over until a full Commission is present because of its importance to the City of Diamond Bar. Don Gravdahl concurred with Mr. Zirbes that the Development Code is an important agenda item and if there is any kind of cloud over this Commission, the matter should be continued to the next meeting with the full Commission present. VC/Schad moved, C/Fong seconded, to continue the Draft Development Code discussion to November 12, 1997. The motion was carried 3-0. PUBLIC HEARINGS - None PLANNING COMMISSION ITEMS: OCTOBER 27, 1997 PAGE 9 PLANNING COMMISSION DCM/DeStefano asked for consideration of the following meeting dates for the Planning Commission: November 12, 1997, November 25, 1997, December 9, 1997 and December 23, 1997. Following discussion, the Commission concurred to continue discussion of November and December meeting dates at its regularly scheduled November 12, 1997 meeting. C/Fong asked for status of the -proposed relocation of the Australian Tea Leaf tree at the Shell Station site on the northwest corner of Diamond Bar Boulevard at Brea Canyon Road. DCM/DeStefano responded that staff will research the matter and advise the Commission. INFORMATIONAL ITEMS: SCHEDULE OF FUTURE EVENTS as listed in the agenda. ADJOURNMENT: There being no further business to come before the Planning Commission, Chair/Ruzicka adjourned the meeting at 8:28 p.m. to Wednesday, November 12, 1997 at 7:00 p.m. in the South Coast Air Quality Management District Auditorium. Respectfully Submitted, 4Jam'DeaStefano, Secretary Attest: Joe 'Ruzick Chairman MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION SEPTEMBER 9, 1997 CALL TO ORDER: Chairman Ruzicka called the meeting to order at 6:00 p.m. in the South Coast Air Quality Management Auditorium, 21865 East Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Chairman Ruzicka. ROLL CALL: Present: Chairman Ruzicka, vice Chairman Schad, and Commissioners Goldenberg and McManus Absent: Commissioner Fong Also Present: Acting Planning Commission Secretary Catherine Johnson. Deputy City Manager and Associate Planner Ann Lungu joined the meeting at 7:15 p.m. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS - None CONSENT CALENDAR: 1. Minutes of August 26, 1997. C/McManus requested that his article entitled "Trees are a Danger in Diamond Bar" be included verbatim within the August 26, 1997 minutes.' C/McManus moved, VC/Schad seconded, to approve the August 26, 1997 minutes as amended. The motion was carried 4-0. OLD BIISINESS - None NEW BUSINESS: - None CONTINUED PUBLIC HEARINGS: 1. Draft Development Code (Zoning Code Amendment ZCA 97-1) Review of all Articles of the Draft Development Code and Draft Design Guidelines. Staff recommends that the Planning Commission review the Draft Design Guidelines and make an informal recommendation. SP/Johnson presented the Draft Design Guidelines. The following amendments -and corrections were offered: SEPTEMBER 9, 1997 PAGE 2 PLANNING COMIMISSION Chair/Ruzicka recommended that the following be added to the end of Paragraph 12) on Page 7: "..and camouflaged where possible." SP/Johnson responded to Chair/Ruzicka that height limitations as respects B.'ARCHIT CTURN are contained in the Development Code as a standard. Chair/Ruzicka pointed out that "amount" should be corrected to "along" in the second line of Paragraph 15) on Page 10 so that the line reads: " ..architectural form and detailing, should be consistent along all buildings, etc.". Chair/Ruzicka suggested the end of Paragraph 21) on Page 11 be changed to "ie. skyline" instead of (skyline). C/McManus pointed out that the first line of Paragraph 24) on Page 12 should be eliminated from Paragraph 24 and included as the first line of Paragraph 25) on.Page 12. Chair/Ruzicka asked that Paragraph 1) under Signage on Page 22 be corrected as follows: Pluralize increase in the second sentence and change "doesn't" to "do not" in the fourth line so that the second sentence reads: "A good sign program increase.2 the sense of order and unity in a center and increases legibility because the eyes Sig not have to adjust to a variety of sign styles, sizes and colors. VC/Schad asked that "that be added to Paragraph 6) on Page 23 so that the sentence reads: "Signage should be appropriate for the type of activity that the business conducts." VC/Schad asked that item f) be added under Jk, Site Planning on Page 24 to read as follows: "Planning does not impact existing views." C/Goldenberg asked that the language of item f) under 8: Site Planning on Page 24 be softened to read: "Shall not unecessarily impact existing views". Chair/Ruzicka asked that a comma be added following plazas in the first line of Paragraph 5) on Page 25 so that the sentence reads: "Building placement which creates opportunities for plazas, courts, or gardens is encouraged." Chair/Ruzicka recommended Paragraph 8) on Page 26 be changed to read: "Details that create shade and cast shadows can be used to provide (eliminate "d") visual relief to the building." SEPTEMBER 9, 1997 PAGE 3 PLANNING COMMISSION• Responding to Chair/Ruzicka suggestion, SP/Johnson recommended that Paragraph 12) on Page 27 be changed to read: "Encourage the use Of material with IQW maintenance such as, etc.". Chair/Ruzicka asked that the first word in the second line of Paragraph 16) be pluralized to "features". VC/Schad corrected the second line of Paragraph 2) on Page 28 as folllows: "...plants is encouraged... etc". Chair/Ruzicka recommended that "and" be changed to "around" in the last sentence of Paragraph 8) on Page 28 so that the sentence reads: "Concrete mow -strips are recommended aroma shrub areas." Chair/Ruzicka and Bob Zirbes recommended the last paragraph on Page 29 be rewritten as follows: "Because the City is largely built out, there will not be a significant amount of new tracts in the future and the patterns of residential development within the City have generally been established. While the housing stock is relatively new, as it ages, houses will be remodeled, expanded or in some cases, home.& will be demolished and reconstructed on the same lot. One of the most important issues is to insure that .new or remodeled residential development is compatible with and complementary ±LQ the existing neighborhood. Chair/Ruzicka asked that "mullet -family" in the last sentence of the first paragraph on Page 30•be corrected to "multi -family development. Chair/Ruzicka asked that "an" be corrected to "a" in the last paragraph under RESIIDZIJIM on Page 30 so that the third line reads: " ..included as a chapter within the new comprehensive Development.Code." Bob Zirbes asked that the first sentence of Paragraph 2) under site Planning be corrected to. read: "Compatibility with adjacent uses is the primary consideration." Chair/Ruzicka asked for inclusion of a short statement within Paragraph 1) under A. site Planninc on Page 30 to instruct staff to mention to permit applicants that "How the proposed design impacts the surrounding property owners should be a major priority." SP/Johnson suggested the paragraph begin with the statement "Staff will work with the property owners to ensure that proposed design impacts are minimized with respect to the surrounding property owners." SEPTEMBER 9, 1997 PAGE 4 PLANNING COMMISSION Chair/Ruzicka stated that he believes residential remodeling does not occur in a vacuum and can effect the surrounding neighborhood in a positive or negative manner. IF the statement "how the proposed design impacts the surrounding property owners should be a major priorty" is mentioned as part of staff's procedure it helps the applicant understand his responsibilities. SP/Johnson stated she believes administration responsibilities are addressed in the Development Code. VC/Schad asked the "especially pertaining to privacy" be added to Paragraph 1) under D. Fenestration (placement of Doors and Windows) on Page 33. SP/Johnson reiterated that this guideline emphasizes the design. Privacy is addressed as a separate issue. The Commission did not concur to add VC/Schad's recommended language. Chair/Ruzicka pointed out that "property" in the second line of Paragraph 1) under E. E 1iV=nt Screening Gutters, DownsQouts and vents on Page 34 should be corrected to "properly". VC/Schad asked that ",where possible." be added to the end of Paragraph 1) under E. FaNiRment screening Gutters_ Downspouts and Vents. Chair/Ruzicka asked that Paragraph 7) under g_, Landscapinc be changed to read as follows: "Utilize trees f-Qr canopy and shade, creating areas which provide opportunities for shaded play areas or passive outdoor recreation." VC/Schad recommended "each" be changed to "every" in the third line of Paragraph 3) on Page 37 so that it reads: " ..frequently than every fourth house." SP/Johnson distributed Draft View Protection Guidelines for the Commission consideration. This item will be agendized for discussion at the September 23, 1997 Planning Commission meeting. The Planning Commission will be asked to recommend adoption at that time. Responding to Mr. Zirbes regarding inclusion of the Laguna Beach View Protection guildelines, SP/Johnson stated it is not staff's role to create a board or method for mediation. Staff's role is to establish standards and guidelines. Mediation is a civil matter. OCTOBER 14, 1997 PAGE 8 PLANNING COMMISSION 4. Draft Development Code (Zoning Code Amendment 2CA 97-1 and Negative Declaration No. 97-3). . Review of all Articles of the Draft Development Code, Draft Subdivision Code, and Draft Design Guidelines. DCM/DeStefano explained that the Subdivision Code will be presented at a future Commission meeting as a separate document. Chair/Ruzicka reminded staff that the following items were discussed and agreed upon by the Commission: Adult Businesses - the Commission concurred that the code should be the most restrictive code permitted by law; Signs - that signs should include the maximum amount of English permitted under the law; View Protection - the Commission concurred that the Laguna Beach Ordinance was appropriate to Diamond Bar; and, with respect to Tree Preservation and Protection, Item A. under Exemptions on Page III -131 was revised to the following language (See August 26, 1997 Planning Commission minutes): "Trees, except those designated by the City Council as a historical or cultural tree, and trees required to be preserved, relocated or planted as a condition of approval of a discretionary permit, located on all developed properties prior to adoption of this Development Code." SP/Johnson presented the updated Draft Development Code and explained the document revisions. C/Goldenberg said he believes the Commission agreed to require 4" inch digits with respect to address numbers (Article III - Page 117, Table 3-X, Section I "Additional Requirements"). DCM/DeStefano responded to Chair/Ruzicka that the 4" requirement does not effect any other portion of the Development Code. C/McManus asked about the standard required for curbside digits. Following discussion, the Commission concurred to require 9.'0" x 19'0" (nine feet by nineteen feet) commercial parking spaces with no provisions for compact parking spaces. Bob Zirbes said he supports the Commission's recommendation for larger parking stalls. Ed MacDonald suggested that the Commissioner consider a 10 foot residential side yard setback to allow for additional on-site parking. OCTOBER 14, 1997 PAGE 9 PLANNING COMMISSION DCM/DeStefano referred Mr. MacDonald to Page II -11 of the proposed Development Code. The table suggests a minimum residential side yard setback of five (5) feet on one side and 10 feet on the other side with a minimum requirement of 15 feet between dwelling units. In addition, a minimum three (3) feet safety clearance is required. C/Fong asked that cross-references - pages to figures and figures to pages - be cited in connection with (Figures). ie, Page III -13, 22.16.090 Setback Regulations and Exceptions 4. b., last line (Figure 3-3). C/Fong asked that dimensions be included in the Figures. ie, figure at the top of Page III -14 appears to lack an indication of a five (s') Imaginary Rear Property Line setback. C/Fong asked that the following be in Paragraph 4.under B. Grading standards on Page III -44: "Exploratory trenches and access roads should be properly backfilled and erosion treatment and revegetation be provided." The Commission concurred. C/Fong asked that ",.except individual detached single- family residences be removed from the first sentence of A. under Applicability on Page III -65. The Commission concurred. C/Fong again discussed Paragraph A. under 22.38.060 Exemptions on Page III -148. Following discussion, the Commission referred to the August 26, 1997 minutes which state the Commission's concurrence that the -language read as follows: "Trees, except those designated by the City Council as a historical or cultural tree, and trees required to be preserved, relocated or planted as a condition of approval of a discretionary permit, located on all developed properties prior to adoption of this Development Code." VC/Schad asked that consistent with the General Plan, "arroyo" be included in Paragraph B. under 22.38.030 Protected Trees so that it reads: "Native oak, walnut, sycamore, arroyo willow, and naturalized. California Pepper trees with a DBH of eight inches or greater." DCM/DeStefano responded that staff will check the paragraph and advise if the insertion is appropriate. The Commission concurred with C/Fong to change the second sentence of the second paragraph entitled DBH under D. Definitions, "D". to read as follows: 'The diameter of a tree trunk measured in inches at a height of 4.5 feet at the average point of the natural grade, etc." OCTOBER 14, 1997 PAGE 10 PLANNING COMMISSION VC/Schad again asked that Paragraph 3, Item B. under 22.38.130 - Tree Replacement Relocation Standards be changed to include certified arborist. DCM/DeStefano referred VC/Schad to the Definitions Chapter Article VI, Page VI -5 of the Development Code. C/Goldenberg reminded the Commission that it had requested staff to provide them with a copy of the Laguna Beach View Protection Ordinance for possible adoption. DCM/DeStefano responded that the matter was most recently discussed by the Laguna Beach City Council on October 7, 1997 for first reading of the Ordinance. The council was concerned that the proposed ordinance was a potential "bureaucratic nightmare". He indicated staff will review the matter and present the Commission with an update at its October 27, 1997 meeting. VC/Schad moved, C/McManus seconded, to continue the Draft Development Code, Draft Citywide Design Guidelines, and Negative Declaration No. 97-3, and, if appropriate, adopt the Resolutions recommending City Council approval, and continue the Hearing Subdivision Code review to October 27, 1997. PUBLIC HEARING - None PLANNING COMMISSION ITEMS: DCM/DeStefano responded to C/G ldenberg that due to VC/Sch d's request for in rmation regarding he Department o Fish and Gam 's Code 1600 Permit ing Process, as i customary, copie were provid to�all Commissio ers. NFORMATIONAL ITE DC /DeStefano repor ed that at its tober 7, 1997 m eting, the Cit Council appro ed distributio of a bid pa kage for cons ruction of tra is signals at Golden Springs Drive at Ca me Drive, and D'amond Bar Boulev rd at Palomino D ive. DCM/De tefano stated he pproved two new esidential cons ruction project for JCC Developm t and a resident'al addition with'n "The Country states". DCM/DeStef no indicated t t the Traffic and Transporta ion Commission 's continuing to ursue the School Traffic Study. DCM/DeStefan revealed that a its October 7, 1997 meeting, the City Council a reed to appoint t o City Council embers, two Parks nd Recreation Commissioners, a d two members rom each school d trict to a Pa ks Master Plan pr i rity and fundin implementation pl subcommitte . NOVEMBER 12, 1997 PAGE 2 PLANNING COMMISSION ProXrecoends pp 'cant: Kurt Nelson, Win ill Development, 3480 Torrance levard, Suite 30 , Torrance, CA 0503 Stads that the Plann' g Commission.con nue thepubfor VTTM 50 4, Zone Change o. 96-1,ConPermit No. 96 Oak Tree Permit o. 96-1 andMititoring Pr ram and EIR No. 7-1 (SCH 96- 071ember 9, 997. ere was no one p sent who wished to eak on this item. /_C/McManus mo v d. C/Fong seconde to continue Vesti Tentative Tr t Map No. 50314, Con tional Use Permit No. 6- 1, Oak Tr Permit No. 96-1 and one Change 96-1 to De ember 9, 1997. The motion was carri d 3-0. 2. Draft Development Code (Zoning Code Amendment 2CA 97-1 and Negative Declaration No. 97-3). Review of all Articles of the Draft Development Code, Draft Subdivision Code, and Draft Design Guidelines. DCM/DeStefano presented staff's report. Staff recommends that the Planning Commission discuss the information contained within the staff report addressing sign regulations, adult business regulations, view protection and Negative Declaration No. 97-3 and continue discussion of this item t9 November 25, 1997. Chair/Ruzicka recommended that staff analyze 750 feet to determine if that separation standard would be a sufficient number of feet to accommodate this land use. The Commission concurred. DCM/DeStefano stated staff will bring a proposed Ordinance before the Commission for its consideration as well as, the 750 foot analysis. Steve Tye asked if with the 500 foot limitation the Corporate Center is prevented from accommodating -adult businesses. DCM/DeStefano responded that the Corporate. Center is prevented from having these types of businesses because it is not an industrially zoned area. Mr. Tye asked what would happen if a church wished to locate in the immediate area of an existing adult business. DCM/DeStefano stated that if the existing adult business was legally established it is considered to be non -conforming and may remain in place if a church chooses to move into the immediate area. DCM/DeStefano confirmed Mr. Tye's statement that because the accommodating land use zone is confined to 13 City acres, it NOVEMBER 12, 1997 PAGE 3 PLANNING COMMISSION does not mean that an adult business could consume the entire 13 acre area. Mr. Tye commented that it will be easier for the City to prevent adult businesses from entering the City than to remove them after the fact and he asked the Commission to provide the most restrictive ordinance possible at the outset. He asked the Commission to consider City's enacted ordinances as well as, other City's pursuits of eliminating adult business. Clyde Hennessee asked if the proposed ordinance can exceed the City's boundaries for enforcement purposes. DCM/DeStefano stated that the proposed ordinance is confined to the City of Diamond Bar. Mr. Hennessee asked how the City of Los Angeles is able to limit the number of liquor stores that can be built in certain areas. He said he is concerned about stores that offer drug related paraphernalia locating in the City. DCM/DeStefano stated that stores offering drug related paraphernalia is a different type of land use from adult businesses. DCM/DeStefano explained that whether or not a business is considered an adult business is dependent upon the percentage of business related materials offered for public consumption such as the amount of adult magazines or adult videos offered at a liquor store, for instance. With respect to on-site and off-site alcoholic beverage sale, staff is considering a land use ordinance appropriate to Diamond Bar. DCM/DeStefano responded to C/McManus that in order to determine proper land use, City code enforcement personnel and under -cover Sheriff's Department officers are frequently dispatched to locations within the City to inquire about products and services. DCM/DeStefano talked about the changes included in the Hillside Management Ordinance and the corrections to the Draft Development Code Articles. Chair/Ruzicka asked that Item A. under Exemptions on the October 29, 1997 revision Page III -162 be corrected to read in accordance with the change requested by the Planning Commission at its August 26, 1997 meeting. The correct wording reads as follows: (inserted from the August 26 1997 meeting minutes, Page 4, Paragraph 6) "Trees, except those designated by the city Council as a historical or cultural tree, and trees required to be preserved, relocated or planted as a condition of approval of a discretionary permit, located on all developed properties prior to adoption of this Development code." NOVEMBER 12, 1997 PAGE 4 PLANNING COMMISSION DCM/DeStefano stated that staff intends to present the Commission with a completed Draft Development Code for discussion and action on November 25, 1997. There was no one present who wished to speak on the Development Code. C/Fong moved, C/McManus seconded, to continue the Draft Development Code discussion to November 25, 1997. The motion was carried 3-0. PUBLIC HEARINGS - None NG COMMISSION ITEMS: Res onding to C/ ong, DCM/DeStefan explained t t the ell Ser ice Station a the northwest cor er of Brea Ca yon Road nd Diam nd Bar Boulev rd was unable to elocate or rep\ace the T a Tree with the same ecies of tree as ecommended byPlannin Commision. C/Fong expressed his d'sappointment that he South Poieveloper was una le to provide k trees for the C 1Poly Pomonpus park project DCM/DeSt fano responded that as a result a private ag Bement, Mr. Arcie o agreed to hav Valley Crest rem - e trees to the alPoly site. How ver, when the p oject was sold to Standard Pacifi , the details of he arrangement were left out of t sales agreeme t and the remain g trees were f and to be unsuita a for relocati n. C/McManus con ratulated Chai /Ruzicka on runni g a good campa'gn for City Cou cil. The Ci Council's loss is the Plan n ng Commission's g in. INFORMATIONAL ITEMS: DCM/DeStefano pre ented the Metr1 om Ricochet Mick -Cellular Data Network report fo informational urposes only. e advised the Commission that th City Council w'll at a future uncil meeting nsider entering in o a contract to permit this type of use within e City's public ri ht -of -way. DC/DeStefano respondd to Chair/Ruz cka that this p ovider will not replace current pr vider systems. DCM/fkeStefano announced the November 0, 1997 East n Gabriel Valle Planning Committe dinner. The resentation top'c is "big box" -tail in the San Gabriel Valle He asked terested Commiss'oners to register y Friday, Nove ber 14, 1997. DCM/DeSt ano announcedat the Citk received Nanning Commissio r Schad's writtn resignation\ from the Planning Commission t 4:00 p.m. today, November 12, 1997. NOVEMBER 12, 1997 PAGE 5 PLANNING COMMISSION SCHEDULE OF FUTURE EVENTS as listed in the agenda. ADJOURNMENT: There being no further business to come before the Planning Commission, Chair/Ruzicka adjourned the meeting at 8:50 p.m. to Tuesday, November 25, 1997 at 7:00 p.m. in the South Coast Air Quality Management District Auditorium. Respectfully Submitted, � 1 q#mes DeSte ano, Secretary Attest: Joe Ruzicka Chairman DECEMBER 9, 1997 PAGE 4 PLANNING COMMIssION Mr./essee on stated he U.S. Departmen of Fish and Wildl' a has no tive cri eria by which the can challenge MBA s more thaquate R. He said the gency has been in ited to resnd in cated they would a present this eve ing. He indd he oes not know what ore can be done. Chazic a opened the publ'c hearing. Clyessee asked what 1' bilities the Cit y assume if thet is approved and a gnatcatcher is ter foundbe t?VC/s stated that s is the last par in an app ovedprowhere building as occurred. Th fore, the ity'spot liability al eady exists. C/ oldenberg moved, VC/McManus sec ed, to ecommend c rtification of EI No. 97-1 (SCH 96- 1104), an recommend pproval of VTTM 50 14 based upon sta 's recomm dation and the lack of input y governmental ag cies. T motion was approved 4-0-1 wi the following Ro Call vo AYES: COMMI IONERS: Goldenber , Fong VC/McManus, Chair/Ru cka NOES: CO SSIONERS: None ABSTAIN: CO ISSIONERS: Tye ABSENT: CO ISSIONERS: None C/Goldenbe g moved, VC/McM us sec ded, 'to r commend condition approval of Hill ide Mana ement and Si nificant Ecologic Area Conditiona Use Per it 96-1 and Oak Tree Permit N . 96-1 for VTTM 503 4. The tion was app oved 4-0-1 with th following Roll Ca 1 vote: AYES: COMMISSIONERS: Goldenber , Fong, VC/McManus, Chair Ru *cka NOES COMMISSIONER s No e ABS AIN: COMMISSIONE Tye AB NT: COMMISSION S: None r 2. Draft Development Code (Zoning Code Amendment ZCA 97-1 and Negative Declaration No. 97-3) Review of all Articles of the Draft Development Code, and Citywide Draft Design Guidelines. DCM/DeStefano pointed out the Draft Development Code corrections and changes. Staff recommends that the Planning Commission discuss the information contained within the staff report and take action to recommend City Council adoption, if appropriate. C/Goldenberg asked if the City should incorporate a minimum and/or maximum letter size for signs. DCM/DeStefano stated the Commission may establish a two to three inch minimum size. Staff generally considers lettering DECEMBER 9, 1997 PAGE 5 PLANNING COMMISSION size to be driven by placement, message, speed of traffic, width of street and other such characteristics. C/Goldenberg reiterated his concerns regarding enforcement of the Development Code. DCM/DeStefano again stated that the City responds on a reactive code enforcement basis and does not proactively look for items that may require enforcement. Chair/Ruzicka asked for public comment. Clyde Hennessee said he is concerned that the City's Shopping Centers are not adequately signed and residents are not aware of the existence of local businesses. Responding to C/Fong, DCM/DeStefano recommended that the graphic on Pace III -9 be 'mnrnAd to show he ima g. ,nar parallel to grade follow he y eta grade in order to better illustrate the concept. The Commission concurred. DCM/DeStefano stated that the graphics contained within the Development Code have been inserted adjacent to the specific regulation it describes. The Commission concurred to direct staff to insert "See Figure XXX" at the end of pertinent regulations. C/Goldenberg recommended that the figures within the paragraph should correspond to the roman numerals used on the illustration. C/Fong asked that Page III -44 B. 1. as recommended on November 25, 1997: "Finished slopes shall not be created greater than 50 percent (2:1) except adjacent to a structure where the created slope is limited to a maximum of 67 percent (1.5:1).^ C/Fong asked that Page III -44 4. b. be changed to read: "segment of a cut or filled slope may be designed with variable slope ratio of less than 2:1 (horizontal to vertical) but not less than 1.5:1 within the following guidelines:" The Commission concurred. Following discussion, DCM/DeStefano recommended that Page III - 44, 4. b 3) read: "greater than or less than 2.1 may be used in slope design ---See Figure 3-15" • insert the g aphi c and move the Figure 3-15 presently on Page TTT 45 to the blank spot where there ,s no graphic and relabelit Figure 3-16- The Commission concurred. C/Fong asked that Page VI -49 be corrected to read: "See Figure 6-9- site coverage". DCM/DeStefano pointed out that the Table on Page V-26 should be titled "Table V-111. DECEMBER 91 1997 PAGE 6 DCM/Destefano stated that and determined that this lamentation measure of PLANNING COMKISS staff has analyz su t 1 and is the Initial study project fully supports the City's General Plan. imp C/Goldenberg seconded, to adopt a resolution VC/McManus moved, of Diamond Bar of the Planning Commission of the City recommending that the City Council of the City of Diamonnd d Bar Use adopt an ordinance establishing detailed Zoning Regulations and Development Standards (Case No. ZCA 97-1) and CalNp 97-3. The motion was approved with Negative Declaration oll l)vote: the following : Goldenberg, VC/McManus, AYES: COMMISSIONERS: FanChair/Ruzicka NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: ABSENT: SSIONERS• None C/Goldenberg moved, VC/McManus seconded, to adopt Resolution commending that the City Council adopt a 97 -XX reas No. ide yw Design art of Resolution establishingCit n Guideli roved with the the City's Development Code. The motion was app following Roll Call vote: COMMISSIONERS:.Fong, Goldenberg, VC/McManus, AYES: Chair/Ruzicka NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: Tye ABSENT: COMMISSIONERS: None PUBLIC HEARINGS: 1. Tentative Parcel Map 22987 ursuant to Code Section 21.04. 0) is a request for the bdivision of a 5.02 acre to three lots: t 1 is 1.32 acres and parcel land inrestaurant; Lo 2 is 2.70 acres and contains a existing acre and is vacant fisting motel; Lot 3 is 1. contains an • ting development will main and no new land. The e development is p osed at this time. Project Address: 2 Gentle Spring Lane west ide, south of mond Bar Boulevard) Suite C.T.K. nc., 8880 Benson Avenue, Applicant: 100, Mon lair, CA 91763 SX Dd ring La iamonar, 259 Gentle Sp \ Property Owner: ,134, Diamon ar, CA 91765 resented staff's report. taff recommends that SP/ neon p of TPM 22987, the P nning Commission recommend appy 1 d within the Finding of Fact, and conditions as li resolutio read 'vil Engineer, said he and the applic Carl Kobbins, rova staff's report an concur with the conditions of app CHAPTER 22.16 - GENERAL PROPERTY DEVELOPMENT AND USE STANDARDS Sections: 22.16.010 - Purpose and Applicability 22.16.020 - Access 22.16.030 - Air Emissions 22.16.040 - Environmental Resources Protection 22.16.050 - Exterior Lighting 22.16.060 - Height Measurement and Height Limit Exceptions 22.16.070 - Open Space for Commercial Projects 22.16.080 - Screening and Buffering 22.16.090 - Setback Regulations and Exceptions 22.16.100 - Solid Waste/Recyclable Materials Storage 22.16.110 - Undergrounding of Utilities 22.16.120 - Vibrations 22.16.130 - View Protection 22.16.010 - Purpose and Applicability A. Purpose. The purpose of this Chapter is to ensure that new or modified uses and development -produce an environment of stable and desirable character which is harmonious with existing and future development, and protects the use and enjoyment of neighboring properties, consistent with the General Plan. B. Applicability. The standards of this Chapter apply to more-thwt we aU zoning districts (e.g., residential, commercial, manufacturing, etc.), and therefore, are combined in this Chapter. These standards shall be considered in combination with the standards for each zoning district in Article II (Zoning Districts and Allowable Land Uses). Where there may be a conflict, the standards specific to the zoning district shall override these general standards. All new or modified structures and uses shall conform with the standards of this Chapter as determined applicable by the Director, except as specified in 22.68 (Nonconforming Uses, Structures and Parcels). 22.16.020 - Access Every structure shall be constructed upon a legally recorded parcel with a permanent means of access to a public street or road or a private street or road, conforming to adopted City standards. All structures shall be located to provide safe and convenient access for servicing, fire protection and required off-street parking. Any parcel located on a private street or road which was legally established prior to the effective date of this Development Code, is exempt from the required compliance with the latest adopted City standards for private streets or roads. Diamond Her 2ejel=ment Code Article M - Site Planning III -5 General Property Development and Use Standards 22.16 Access driveways shall be provided as required in compliance with 22.30 (Off -Street Parking and Loading Standards) 22.16.030 - Air Emissions A. Dust and dirt emissions. Land use activities that may create dust emissions (e.g., construction, grading, etc.) shall be conducted to create as little dust or dirt emission beyond the boundary line of the parcel as possible including, but not limited to, the following: 1. Scheduling. Grading activities shall be scheduled to ensure that repeated grading will not be required, and that implementation of the proposed land use will occur as soon as possible after grading; 2. Operations during high winds. Clearing, earth -moving, excavation operations, or grading activities shall cease in high wind conditions when dust blows and control methods are no longer effective; 3. Area of disturbance. The area disturbed by clearing, demolition, earth -moving, excavation operations, or grading shall be the minimum required to implement the allowed use; 4. Dust control. During clearing, demolition, earth -moving, excavation operations, or grading, dust emissions shall be controlled by regular watering, paving of construction roads or other dust -preventive measures (e.g., hydroseeding, etc t. subject to the approval of the Building Official and City Engineer; a. Material(s) excavated or graded shall be sufficiently watered or covered to prevent excessive amounts of dust. Watering, with complete coverage of the disturbed area, shall occur at least twice daily preferably in the late morning and after work is done for the day. Reclaimed water shall be used when available. b. Material(s) transported off-site shall not be loaded higher than six inches belo% the top of the trailer and either sufficiently watered with reclaimed water when available, or securely covered to prevent dust. S. On-site roads. On-site roads shall be paved as soon as feasible, watered periodicall with reclaimed water, whenever possible, or stabilized in an environmentally safe manner; 6. Revegetation. Graded areas shall be revegetated as soon as possible in compliance with the approved landscape plan and any conditions of approval; and 7. Fencing. Appropriate fences or other means may be required by the Director to contain dust and dirt within the parcel. B. Odor emissions. Land use activities that may produce odors or noxious matter (e.g., fumes, gases, vapors, etc.) shall comply with SCAQMD's Rules and Regulations, including Rule 402 which prohibits the formation .of an odor nuisance. Diamond Bar Devt•'opment Code Article III - Site Planning Hearing Draft - De, ember 9, 1997 III -6 General Property Development and Use Standards 22.16 2. Canopies, cornices, eaves and roof overhangs. Cantilevered architectural features on the main structure, including, but not limited to, balconies, bay windows, canopies, cornices, eaves and solar devices, which do not increase the floor area enclosed by the structure, may extend into required yards as follows: a. Front yard setback: Up to three feet into the required front yard; b. Side yard setback: Up to 30 inches into a required side yard, but no closer than three feet to a side property line; and c. Rear yard setback: Up to five feet into the required rear yard but not closer than 10 feet to the rear property line. 3. Porches and stairways. The following standards shallapply to porches and stairways: a. Porches. Covered, unenclosed porches, located at the same level as the entrance floor of the structure; and b. Stairways. Outside stairways and landings, that are not attached to a deck, are not enclosed and do not extend above a ground floor entrance, may extend into required yards as follows: 1) Front yard setback: Up to six feet into a required front yard; 2) Side yard setback: Up to 30 inches into a required side yard, but no closer than three feet to a side property line; , 3) Rear yard setback: Up to six feet into a required rear yard. Max. Ae�; • . Max. - ' Minimum Required Yard Figure 3-4 ' Diamond Bar Development Code Article III - Site Planning Hearing Draft - December 9,1997 III -15 General Property Development and Use Standards 4. Setback requirements for specific structures: 22.16 a. Dwelling groups. An inner court providing access to a dwelling group (constructed and located face-to-face) shall provide a minimum width of 15 feet between rows for single -story structures with an additional five feet of width for each additional floor above the first floor. b. Planters. Planter boxes and masonry planters shall be allowed in all required setbacks not to exceed a height of 42 inches. c. Swimming pools and spas. Swimming pools and spas are allowed in side and rear setbacks provided they are not closer than five feet to any property line. d. Guard railings. Guard railings or fences for safety protection around depressed ramps may be located in required setbacks provided: 1) That an open-work railing or fence is used; and 2) That the height of the railing or fence complies with the requirements of the Uniform Building Code. e. Drives, walkways, and decks. Driveways, walkways, patio slabs, and wooden decks shall be allowed in required setbacks provided they do not exceed one foot above finished grade. This provision shall not exclude the use of steps providing access between areas of different elevation on the same property. f. Equipment. Ground -mounted equipment (e.g., air conditioners, swimming pool pumps, heaters, filters, and fans, etc.) Shall be allowed in required side or rear setbacks, provided: 1) The equipment is not located closer than 42 inches to a lot line; and 2) The equipment does not exceed a height of six feet measured from the finished grade at the base of the unit. g. Retaining walls. 1. Walls up to 42 inches. Retaining walls up to 42 inches in height are exempt from setback requirements. 2. Up to six feet. Retaining walls up to six feet in height may be located within a required setback provided the exposed side of the wall faces into the subject parcel. 22.16.100 - Solid Waste/Recyclable Materials Storage This Section provides standards for the construction and operation of solid waste and recyclable material storage areas in compliance with State law (California Solid Waste Reuse and Recycling Access Act, Public Resources Code Sections 42900 through 42911). Diamond Bar Development a 4�e - Site Planning III -16 General Property Development and ase Standards 22.16 A. Multi -family projects. Multi -family residential projects with five or more dwelling units, shall provide solid waste and recyclable material storage areas in the following manner: 1. Individual unit storage requirements. Each dwelling unit shall include an area with a minimum of six cubic feet for the storage of solid waste and recyclable material indoors. A minimum of three cubic feet shall be provided for the storage of solid waste and a minimum of three cubic feet shall be provided for the storage of recyclable material; and 2. Common storage requirements. The following are minimum requirements for common solid waste and recyclable material storage areas for multi -family developments, which may be located indoors or outdoors as long as they are readily accessible to all residents. These requirements apply to each individual structure. All required areas are measured in square feet. Diamond Bar Development Code Article M - Site Planning III -17 General Property Development and Use Standards TABLE 3-1 MULTI -FAMILY DEVELOPMENT . 22.16 B. Nonresidential structures and uses. Nonresidential structures and uses within all zoning districts shall provide solid waste and recyclable material storage areas. The following MM are minimum storage area requirements. These requirements apply to each individual structure. All required areas are measured in square feet. TABLE 3-2 NONRESIDENTIAL STRUCTURES MINIMUM STORAGE AREAS REQUIRED fSO.FPI Diamond Bar Develo ment Code Article III - Site Planning III -1g e as 0-5,000 12 12 24 51001-10,000 24 24 48 10,001-25,000 48 48 96 25,001-50,000 96 96 192 50,001-75,000 144 144 288 75,001-100,000 192 192 384 100,001+ Every additional 25,000 sq.ft. shall require an additional 48 sq.ft. for solid waste and 48 sq -ft. for recyclables. Diamond Bar Develo ment Code Article III - Site Planning III -1g General Property Development and Use Standards 22.16 C. Location requirements. Solid waste and recyclable materials storage areas shall be located in the following mariner: Solid waste and recyclable material storage shall be adjacent/ combined with one another. They shall be located inside a specially -designated structure, on the outside of a structure in an approved fence/wall enclosure, a designated interior court or yard area with appropriate access, or in rear yards and interior side yards. Exterior storage area(s) shall not be located in a required front yard, street side yard, parking area, landscaped or open space area or area(s) required by the Municipal Code to be maintained as unencumbered. Existing developments shall comply with these standards to the greatest degree feasible at the time of any expansion or additions subject to approval of the Director. 2. Storage area(s) shall be accessible to residents and employees. Storage areas within multi -family residential developments shall be located within 250 feet of an access doorway to the dwellings which they are intended to serve; and 3. Driveways or aisles shall provide unobstructed access for collection vehicles and personnel and provide at least the minimum clearance required by the collection methods and vehicles utilized by the designated collector. Where a parcel is served by an alley, exterior storage area(s) shall be directly accessible to the alley. D. Design and construction. The design and construction of the storage area(s) shall: 1. Be compatible with the surrounding structures and land uses; 2. Be properly secured to prevent access by unauthorized persons, while allowing authorized persons access for disposal of materials; 3. Provide a concrete pad within the fenced or walled area(s) and a concrete apron which facilitates the handling of the individual bins or containers; 4. Protect the areas and the individual bias or containers provided within from adverse environmental conditions which might render the collected materials unmarketable; and 5. The storage area(s) shall be appropriately located and screened from view on at lefts t1wee sides. The design shall be architecturally compatible with the surrounding structures and subject to the approval of the Director. 22.16.110 - Undergrounding of Utilities All on-site electric and telephone facilities, fire alarm conduits, lighting wiring, cable television, and other wiring conduits and similar facilities shall be placed underground at the time of development. Projects located within approved underground utility districts shall be subject to the requirements of Chapter 13.04 of the Municipal Code. Diamond Bar Development Code Article III - Site Planning Hearing Draft - December 9,1997 III -19 General Properly Development and Use Standards 22.16.120 - Vibrations 22.16 The owner of a use that generates vibrations at levels that constitute a nuisance, in compliance with the Munidpd Cods , shall abate the nuisance. If the nuisance is not abated in a timely manner, the City will abate the nuisance in compliance with Section 15.00.2.830 of the Municipal Code. 22.16.130 - View Protection A. For the purpose of this Section, a 'view" means a vista of significant features, including mountains, ridges, hillside terrain, canyons, geologic features, and community amenities (e.g., parks, landmarks, permanent open space). The term does not mean an unobstructed panorama of these features. B. The development of new projects shall respect the views of existing residential uses. New structures shall be located In a manner that preserves views by creating view corridors. C. New developments that are within the viewshed of existing residential uses shall be kept as low as possible to reduce or eliminate the possibility of blocking views. D. In reviewin ro ects with potential view blockage Impacts, shall refer to the View Protection guidelines in the City's 'Citywide Design Guidelines' manual. Diamond Bar Devel meat Code Article III - Site Planning IlI-20 Hillside Management 22.22 A. Natural features map. A natural features map, hall identify all existing slope banks, ridgelines, canyons, natural drainage courses, federally recognized blue line streams, nick outcroppings, and existing vegetation. Also depicted shall be landslides and other existing geologic hazards. B. Grading plan. A conceptual grading plan4*shall include the following items: 1. A legend with appropriate symbols Mshall include the following items: top of wall, top of curb, high point, low point, elevation of significant trees, spot elevations, pad and finished floor elevations, and change in direction of drainage, 2. A separate map with proposed fill areas colored in green and cut areas colored in red, with areas where cut and fill exceed depths established in the hillside development guidelines and standards clearly shown Additionally, the area of cut and fill, calculated as a percentage of the total site area, shall be included on the plan; and 3. Contours for existing and natural land conditions and proposed work. Existing contours shall be depicted with a dashed line with every fifth contour darker, and proposed contours shall be depicted as above except with a solid line. Contours shall be shown at maximum five foot intervals above 20 percent slope. C. Drainage map. A conceptual drainage and flood control facilities map describing planned drainage improvements. D. Slope analysis map. A slope analysis map for the purpose of determining the amount and location of land as it exists in its natural state falling into each slope category as specified below. For the slope map, the applicant shall use a base topographical map of the subject site, prepared and signed by a registered civil engineer or licensed land surveyor, which shall have a scale of not less than one inch to 100 feet and a contour interval of not more than two feet provided that the contour interval may be five feet when the slope is more than 20 percent. The base topographical map shall include all adjoining properties within 150 feet of the site boundaries. Delineate slope bands in the range of 0-10 percent, 11-15 percent, 16-20 percent, 21-25 percent, 26-30 percent, 31-35 percent, and 36 percent or greater. Also included shall be a tabulation of the land/area in each slope category specified in acres. E Slope profiles. Provide a sufficient number of slope profiles as required by the City Engineer to clearly illustrate the extent of the proposed grading. The slope profiles shall: 1. Be drawn at the same scale and indexed, or keyed, to the grading plan, and project site map; 2. Show existing and proposed topography, structures, and infrastructure. Proposed topography structures, and infrastructure shall be drawn with a solid, heavy line. Existing topography and features shall be drawn with a thin or dashed line. 3. The slope profile shall extend far enough from the project site boundary to dearly show impact on adjacent property, within at least 150 feet. Diamond BarDevel went Code Article M - Site Planning IIIINIIIIII III -33 Hillside Management 22.22 4 The profiles shall be drawn along those locations of the project site where: a. The greatest alteration of existing topography is proposed; b. The most intense or dense development is proposed; c. The site that is most visible from surrounding land uses; and d. At all site boundaries illustrating maximum and minimum conditions. 5. At least two of the slope profiles shall be roughly parallel to each other and roughly perpendicular to existing contour lines. At least one other slope profile shall be roughly at a 45 degree angle to the other slope profiles and existing contour lines. F. Certification required. The slope profiles shall be stamped and signed by either a registered landscape architect, civil engineer, or land surveyor indicating the datum, source, and scale of topographic data used in the slope profiles, and attesting to the fact that the slope profiles have been accurately calculated and identified. G. Environmental studies. A geologic and soils report, prepared by an approved soils engineering firm and in sufficient detail to substantiate and support the design concepts presented in the application. Additional environmental studies and investigations (e.g., hydrologic, seismic, access/circulation, and biota research) may also be required in order to help in the determination of the buildable area of a site. H. Ownership/maintenance. A statement of conditions for ultimate ownership and maintenance of all parts of the development including streets, structures and open spaces. I. Custom lot subdivision. In the event that no grading is proposed, (i.e., custom lot subdivision), a statement to that effect shall be filed with a plan which shows possible future house plotting, lot grading, driveway design, and location for each parcel proposed, to be prepared on a topographic map drawn at the same scale as the conceptual grading plan. J. Elevations required. When unit development is proposed, illustrative building elevations, that show all sides of the proposed structure(s) and which accurately depict the building envelope for each lot, shall be provided. K. Additional items. The following items may be required if determined necessary to aid in the analysis of the proposed project to illustrate existing or proposed conditions or both: 1. A computerized or topographic model; 2. A line of sight or view analysis; 3. Photographic renderings; and 4. Any other illustrative technique determined necessary to aid in review of a project. Diamond Bar Development Code Article III - Site Planning Hearing Draft - December 9, 1997 III -34 Hillside Management 22.22.040 - Density 22.22 The maximum number of dwelling units that may be allowed on a given parcel shall be the calculated in compliance with the requirements of this Section. Also, an additional number of units may be eliminated due to environmental constraints as determined through the Development Review process. A. Maximum density calculation. In order to retain natural features of the hillsides, densities shall be reduced as slope increases in compliance with Table 3-4. Each property to be developed shall be divided into cells of similar slope, utilizing the slope ranges listed below. The maximum density of the base zoning is multiplied by the relevant reduction factor assigned to each cell. The result of this calculation is the maximum allowable density for each cell. TABLE 3-4 ALLOWABLE RESIDENTIAL DENSITY j Average Slope Range Density Open Reduction I Space Factor 0% to 25% None None 26% to 30% 0.9 10% 31% to 35% 0.8 20% 36% to 40% 0.6 30% Greater than 40% Development 40% may be extremely limited B. Density transfer. To encourage the clustering of residential units away from steeper slopes to areas with more gentle slopes, a transfer of density may be .allowed when development is transferred from one slope category to a lower slope category. When density is transferred from a higher slope category to a lower category (e.g., from the 31- 35 percent category to the 26-30 percent category), the Commission may increase the allowable density of the lower category to compensate for not developing in areas with steeper slopes. The total number of units allowed for a project shall not exceed the number of units that would have been allowed without any transfer of density. Areas from which density is transferred shall be restricted from future development in an appropriate manner. C. Environmental constraints. The maximum number of residential dwelling units may also be affected by the impact of the following development constraints: 1. Land areas subject to inundation during a 100 -year storm; Diamond Bar Development Code Article III - Site Planning Hearing Draft - December 9,1997 M-35 Hillside Management 2. Land areas that are above the hillside view line; 22.22 3. Land areas that he within a federally recognized blue line stream, or that contain significant riparian stream bed habitats or other established plant formations that constitute a significant natural feature or ecosystem or that contain rare or endangered species; 4. Significant Ecological Areas (SEA); 5. Land areas that are within 100 feet of a prominent ridgeline or hiking trail; and 6. Land areas containing significant sites. 22.22.050 - Hillside Development Standards and Guidelines A. General. The.hillside development standardp and guidelines are intended to ensure the appropriate management of hillside areas. The standards are requirements for the use, development, or alteration of land in hillside areas. The guidelines are to be utilized to provide direction to encourage development that is sensitive to the uru characteristics common to the hillside areas. The guidelines shall be used by the Commission in evaluating development proposals that propose to deviate from the minimum standards contained in this Chapter. B. Exceptions. Exceptions to the standards in this Chapter may be approved through the Conditional Use Permit rocess, when the Commission determines that the exceptions would not materially the intent of the standards and guidelines. In approving a Conditional Use Permit, the Commission shall make appropriate findings Wtd facts supporting the determination in compliance with 22.58 (Conditional Use Permits). Where development is proposed for a parcel that adjoins one or more vacant, developable parcels, cooperation of the respective property owners is encouraged in the planning of the road network, utilities plan, and open space network for the area as a whole. The City may consider variations from the strict application of the provisions of this Chapter as may be needed to achieve cooperation among all contiguous property owners to the extent that the variations may better achieve the objectives of this Chapter. 2222.060 - Landform Grading and Revegetation Standards Incorporation of the basic principles of the landform grading and revegetation concept in the design and construction of hillside development projects is required so that they will be in harmony with the natural topography and reflect existing plant distribution patterns. The general principles of landform grading and revegetation include the following elements: Diamond Bar Devei went Code Article III - Site Planning III -36 Hillside Management TABLE 3-5 SLOPE CATEGORIES 22.22 e Lo Natural Slope Site Standards (Percents e) 1. 10% to 24.9% Special hillside architectural and design techniques that minimize grading are required in this slope category. 2. 25% to 39.9% Structures shall conform to the natural topography and natural grade by using appropriate techniques, including split-level foundations, stem walls, stacking, and clustering. Conventional grading may be considered for limited portions of a project when its plan includes special design features, extensive open space, or significant use of greenbelts. 3. 40% to 49.9% Development within this category shall be restricted to those sites where it can be demonstrated that safety will be maximized while environmental and aesthetic impacts will be minimized. Use of large lots, variable setbacks and variable building structural techniques (e.g., stepped foundations) are expected. Structures shall be designed to minimize the visual impact of their bulk and height. The shape, materials, and colors of structures shall blend with the natural environment. The visual and physical impact of driveways and roadways shall be minimized by eliminating sidewalks, and reducing their widths to the minimum required for emergency access and following natural contours, using grade separations where necessary and otherwise minimizing the need for grading. 4. 501/6 and over This is an excessive slope condition mid developntertt (Fenditiaita4 Use Petweit is approved in comphame with 22:56- and it is anticipated that residential subdivisions will not be developed in these areas. If residential development is pursued in these areas, lot sizes may be considerably larger than the minimum allowed by the underlying zoning district in order to comply with the standards and guidelines of this Chapter. Actual lot size shall be determined through the Conditional Use Permit process. Diamond Bar Development Code A_ticle III - Site Planning Hearing Draft - December 9, 1997 III -39 Hillside Management `�O 5:1 20 11 3:1 33 18 2:1 50 25 Figure 3-9 22.22.080 - Grading PP``oQO`�c� 1.5:1 67 34 1:1. 100 45 22.22 A. Landform grading techniques. The following standards define basic grading techniclues that are consistent with the intent of this Chapter and avoid unnecessary cut and fill. 'talions on project grading amounts and configurations will be decided on a case-by-case basis under the Conditional Use P*rmit process. Landform grading design standards include: 1. Ridgeline cuts. When convex shaped natural features (e.g., protruding ridgelines) a re cut, the residual landform shall not be a flat slope face, but rather should be restored to resemble the original. This will require more than just rounding at the edges but, in effect, reconfiguring it so the final result will give the appearance of a protruding ridgeline. (Figure 3-10) Acceptable Ridgeline Cut US,/ —� 100 Round off cut edges to conform to the natural grade. Figure 3-10 Unacceptable Standard cut Into nose or ridgellne. Diamond Bar Devel ment Code Article III - Site Pl f g Hillside Management 22.22 Conventional II E► 11 f� Landform - Plan View Landform - Oblique View Figure 3-14 Diamond Bar Development Code Article III - Site Planning Hearing Draft - December 9, 1997 III -43 Hillside Management 01*1ki 4. Use of variable slope ratios. The use of landform grading designs, creates valleys and concave indentations on building pad areas which can result in a net loges of buildable area. Two methods shall be allowed to offset this loss: a. Pad areas lost due to concave indentations will be counted towards meeting the open space or landscape area requirements for the development. b. Segments of a cut or fill slope wiH be s4ewed to maybe designed with variable slope ratios less than 2:1 (horizontal to vertical), but not less than 1.5:1 within the following guidelines: 1) A geotechnical engineer shall demonsb ab by analysis and certify that slopes so designed will meet standard stability requirements, 2) Overall ratio from toe to toe willbe a maximum of 2:1 or -greeter, -al 3) Ratios greater than or less than 2:1 wiH abe maybe used in the slope design. (See Figure 3-15) B. Grading standards. 1. Finished slopes shall not be created greater that -are -atQeper greater than 50 percent (2:1) except adjacent to a structure where the nweinttwt created slope is limited to a maximum of 67 percent (16.1) or (1.5:1) 2. Grading shall be phased so that prompt revegetation or construction will control erosion. Where possible, only those areas that will be built on, resurfaced, or land- scaped shall be disturbed. Top soil shall be stockpiled during rough grading and used on cut and fill slopes whenever feasible. Revegetation of cut and fill slopes shall occur within three months of grading completion. 3. Grading operations shall be planned to avoid the rainy season, October 15, to April 15. Grading permits may be issued any time of year when a plan for erosion control and silt retention has been approved by the City Engineer. 4. Excavation or other earth disturbance shall not be allowed on a hillside area prior to the issuance of a grading permit with the exception of drill holes and exploratory trenches for the collection of geologic and soil data. Exploratory trenches and excess roads should be properly backfilled and erosion treatment and revegetation provided. treetntatt provided where siopes exceed 20 pereent 5. No point on any structure subject to the provisions of this Chapter shall be closer to a prominent ridge than feet measured vertically on a cross section, And in no case, shall the roof line or any other portion of a structure extend above the line of sight between a ridge line and any public right-of-way, whether the ridgeline is above or below the right-of-way. Diamond Bar Develo went Code Article M - Site Planning 41 M-44 Hillside Management V 1A ;\ rLl."�CM CQA�N �` � 1 � ' •moi 4�_�,. � . .01 •_. ....+► a.. � `'- •� . ter• .J_• - int �AIUC'M ''E'r: r� �� o Figure 3-15 6. Lot pad grading is limited to the boundaries of the structure's foundation, vehicle parking space and a front, rear, and side yard areas as shown on the approved gradingplan, and in compliance with the setback requirements of Article II, (Zoning Districts and Allowable Land Uses). For all lots subject to this Chapter, building setbacks shall be measured from the edge of the building pad. 5o' Figure 3-16 7. Retaining wails associated with lot pads are Rmited to: a. WpsleFe (frein the structure),wYaRs not to exceed four feet. in heigM. Terrace feet and appropriate land3caping. shall not to exceed four feet in height. Where an additional retained portion is necessary due to unusual or extreme conditions, Diamond Bar Develo ment Code Article III - Site Planning III -45 Hillside Management 22.22 (e.g., lot configuration, steep slope, or road design) the use of terraced retaining structures shall be considered on an individual lot basis. Terraced walls shall-rcat emixed tieft feet in height mtd *& be separated by a minimum of few three feet with appropriate landscaping. Terracing Terraced retaining walls shall not be used as a typical solution within a development and shall be limited to the minimum required subject to approval of the Director. 8. Lot lines shall be placed two feet beyond top of major slope areas within public view corridors to help ensure their maintenance by the Nowniull owner. C. Grading guidelines. 1. Where possible, graded areas should be designed with manufactured slopes located on the uphill side of structures, thereby, hiding the slope behind the structure. us This Not This OCT irlr'S' Roadway Roadway Slopes should be rounded to provide ■ more natural appeersnca. Large rhhanufactured slopes should be located on the uphill side o/ the structure to reduce the rppeerance of grading from the roadway. Retaining wells may be used. r rigure 3-17 2. Terraced retaining structures up to four feet in height may be utilized when separated by a minimum of 3 feet and appropriate landscaping. (Figure 3-18) This Terraced retaining walls break up mass and are easier to screen. Figure 3-18 Not This Single retaining wall makes a massive scar on hillside and is difficult to screen. Diamond Bar Develo ment Code Article III - Site Planning M-46 Hillside Management 22.22 3. On lots sloping with the street, and other configurations not discussed above, one retaining wall, not to exceed 42 inches feet in height may be used in a side yard where necessary. 4. Retaining walls that are an integral part of the structure may exceed four feet in height; however, their visual ict m shall be mitigated through contour grading and landscape techniques. Figure 3-19 5. The following factors shall be taken into consideration in the design of a project: a. When space and proper drainage requirements can be met with approval by the City Engineer, rounding of slope tops and bottoms shall be accomplished: b. When slopes cannot be rounded, vegetation shall be used to alleviate a sharp, angular appearance. c. A rounded and smooth transition shall be made when the planes of man-made and natural slopes intersect. d. When significant landforms are "sliced" for construction, the landforms shall be rounded to blend into natural grade. e. Manufactured slope faces shall be varied to avoid excessive "flat -planed" surfaces. (Figure 3-15) Diamond BarDevel melt Code Article M _ Site planning 1II47 Hillside Management 22.22 6. No manufactured slope shall exceed 30 feet in height between terraces or benches. This Structure should fall below top of ridge elevation. ® n >� Figure 3-20 Not This Over -emphasized vertical stUetwes dlsrupt the nak" silftouette of the hiNsido. 7. Where cut or fill conditions are created, slopes would be varied rather than left at a constant angle which may be unstable or create an unnatural, rigid, "engineered - appearance. (Figure 3-21) Not This This Varying cut or fill slope creates more natural appearance. Figure 3-21 Diamond Bar Development Code Article III - Site Planning Hearing Draft - December 9, 1997 III -48 Hillside Management A. Drainage Standards. 1. Debris basins, rip rap, and energy dissipating devices shall be provided where necessary to reduce erosion when grading is undertaken. Except for necessary flood control facilities, significant natural drainage courses shall be protected from grading activity. In instances where crossing is required, a natural crossing and bank protection shall be preferred over steel and concrete systems. Where brow ditches are required, they shall be naturalized with plant materials and native rocks. 2. Terrace drains where required shall follow landform slope configuration. Down drains shall not be placed in exposed positions. All down drains shall be hidden in swales diagonally or curvilinear across a slope face. In this manner they will be built into the overall landform of the slope. (Figure 3-24) Landform J Figure 3-24 Conventional L 3. Building and Grading Permits shall not be issued for construction on any site without an approved location for disposal of runoff waters, (e.g., a drainage channel, public street or alley, or private drainage easement). 4. The use of cross lot drainage shall be subject to Commission and Council review and may be approved after demonstration that this method will not adversely affect the proposed lots or adjacent properties, and that it is absolutely required in order to minimize the amount of grading which would result with conventional drainage practices. Where cross lot drainage is utilized, the following shall apply: a. Project interiors. One lot may drain across one other lot if an easement is provided within either an improved, open V-swale gutter, that has a naturalized appearance, or within a dosed drainage pipe that shall be a minimum 12 inches in diameter. In both cases, an integral wall, shall be constructed. This drainage shall be conveyed to either a public street or to a drainage easement. If drainage is conveyed to a private easement, it shall be maintained by a homeowners association, otherwise Diamond Bar Develo went Code Article III - Site Planning Im ffi-50 Hillside Management 2222 the drainage shall be conveyed to a public easement. The easement width shall be determined on an individual basis and shall be dependent on appropriate hydrologic studies and access requirements. b. Project boundaries. On-site drainage shall be conveyed in an improved open V- swale, gutter, which has a naturalized appearance, or within an underground pipe in either a private drainage easement, which is to be maintained by a homeowner's association, or it shall be determined on an individual basis and shall be dependent on appropriate hydrologic studies and access requirements. (Figure 3-25) This Variable Use of native rocks naturalize man- made brow ditch. Figure 3-25 B. Drainage guidelines. Not This Typical brow ditch with A.C. or concrete liner. 1. Where possible, drainage channels should be placed in inconspicuous location, and more importantly, they should receive a naturalizing treatment including native rock, colored concrete and landsca ing, so that the structure appears as an integral part of the environment., Locate plant material in swales to� simulate the natural condition. Figure 3-26 Diamond Bar Develoment Code Article III - Site Planning III -51 Hillside Management This • Roiadwa Round off cut slope to conform to the natural contour of the hill. • a RoAdw Round off cut slopes. Remove small knobs on roadway cut to conform to the natural grade. . • Roa W Roadway- :, Round off cut slopes. Split roadway• sections to accommodate grade change. 22.22 Not This Unnatural edge condition. Cut slope into hillside. Cut too steep for plants to become established. Knob remaining from roadway cut. Mass grading to accommodate one level', arterial highway. Figure 3-30 3. Trails are an integral part of a hillside area and provide recreation areas for equestrian, hiking and biking uses. They can also function as a means to convey drainage. 4. In hillside areas, it is not always necessary to provide full improvements for trails. A more natural experience may be achieved, and the amount of grading required can be reduced, by providing minimal improvements in appropriate areas (e.g., undevelopable, steep slopes and wildlife migration corridors). Diamond Bar Development Code Article III - Site Planning Hearing Draft - December 7,1997 III -55 Hillside Management 22.22.110 - Site Design 22.22 A. Site design standards. The dimensions of a structure parallel to the direction of the slope shall be maximized in order to limit the amount of cutting and filling and to better fit the house to the natural terrain. This Not This Terraced docks do not increase building bulk. Effective, Bulk , Building correctly Tits' into the ground and minimizes the effect on the hillside. Use low '-'•r- levN docks and side decks. Terracing reduces bulk. Smaller overhangs for individual floors or windows help break up mass and protect against excessive sunlight B. Site design guidelines. Effeetive Bulk ; Effective Bulk Figure 3-31 Overhanging docks make bWktirge seem more massive. H41% profits building stands out on the hillside. Avoid decks hergh from the downhill side. Cantilever makes building appear taller, mon nwnurnente1. Excessive roof overhang results in additional visual bulk. 1. Design of building sites should be sensitive to the natural terrain Structures should be located in ways as to minimize necessary grading and to preserve natural features (e.g., knolls or ridgelines). 2. Views of significant visual features as seen from both within and outside a hillside development should be preserved. The following provisions shall be taken into consideration a. Dwellings should be oriented to allow view opportunities, even if views are limited. Residential privacy should not be unreasonably. sacrificed. b. Any significant public vista or view corridor as seen from a secondary, collector, or major arterial should be protected and enhanced where feasible. Diamond Bar Develo meet Code Article M - Site Planning nuw—aore-xwr: M-56 Hillside Management 22 22 3. Projects should incorporate variable setbacks, multiple orientations, and other site planning techniques to preserve open spaces, protect natural features, and offer views to residents. This 22.22.120 - Architecture A. Architecture standards. Not This Figure 3-32 1. The maximum structure height shall be 35 feet as measured from natural or finished grade at the front setback, extending towards the rear of the parcel. The maximum height at the side setback shall be 25 feet extending up to the center of the lot at a 45 degree angle to a maximum height of 35 feet as measured from natural grade or finished grade. (Figure 3-33) Downhill Section Figure 3-33 45° � �I N Street Elevation Diamond Bar Development Code Article III - Site Planning Hearing Draft - December 9,1997 I1I-57 Hillside Management This Not This Large Root Sections to Parallel the Average slope I �•� Building Envelope-- ., Maximum l Height Limit softening of Largey vertical Surfaces r J � I _T . J. •� �- Rigid Vertical IN ENmerit Figure 3-34 2. Structures shall be terraced to follow the natural slope. 22.22 3. Architectural treatment shall be provided to all sides of the structure visible from a public street. 4. Exterior structural supports and undersides of floors and decks not enclosed by walls shall be permitted provided fire safety and aesthetic considerations have been adequately addressed. 5. Exterior flood lighting for safety shall be located and shielded so as not to shine on adjacent properties. Decorative lighting to highlight a structure is prei&iied allowed when properly shielded. B. Architecture guidelines. 1. The form, mass, and profile of the individual structures and architectural features should be designed to blend with the natural terrain and preserve the character and rofile of the natural slope. Some techniques that should be considered include: a. Split pads, stepped footings, and grade separations to permit structures to step up the natural slope. b. Detaching parts of a dwelling (e.g., garage). c. Avoid the use of gable ends on downhill elevations. The slope of the roof should be oriented in the same direction as the natural slope and should not exceed natural slope contour by 20 percent. 2. Avoid excessive cantilevers on downhill elevations. 3. Excavate underground or utilize below grade rooms to reduce effective bulk and to provide energy efficient and environmentally desirable spaces. However, the visible area of the structure shall be minimized through a combined use of regrading and landscaping techniques. Diamond Bar Develo went Code ode M - Site Planning III58 Off -Street Parking and Loading Standards D. Parking space and lot dimensions. 22.30 1. General requirements for residential uses. Minimum parking dimensions shall be as indicated in Table 3-11. TABLE 3-11 MINIMUM PARKING STALL DIMENSIONS RESIDENTIAL USES Standard Stall Com act Stall Length Width Len Width Garage (interior dimension) 20 feet 10 feet. N/A N/A Uncovered Spaces Spaces shall conform to the standards in Table 3-12. N/A N/A Diamond Bar Development Code Article III - Site Planning Hearing Draft - December 9,1997 III -103 Off -Street Parking and Loading Standards 22.30 2. General requirements for nonresidential uses. Minimum parking dimensions shall be as indicated in Table 3-12 and as illustrated by Figure 343. TABLE 3-12 MINIMUM PARKING STALL AND LOT DIMENSIONS One -Way Traffic and Double -Loaded Aisles 30 46 17.5 feet 12 feet 44 47 feet 45 49 20 feet 44 13 feet 52 33 feet 60 20 21 feet 20 16 feet 60 feet 90 46 19 feet 26 feet 62 64 feet Two -Way Traffic and Double -Loaded Aisles 3. Parallel parking spaces. Parallel parking spaces shall have minimum width of 9 feet and a minimum length of 24 feet. Aisle widths shall be 12 feet for one-way traffic and 26 feet for two-way traffic. E. Drainage. 1. Surface water from parking lots shall not drain over sidewalks or adjacent parcels; and 2. Parking lots shallbe designed in compliance with the storm water quality and quantity standards of the City s Best Management Practices. Diamond Bar bevel meat Code Article III -Site Planning III -104 30 16 17.3 feet 26 feet -W 61 feet 45 19 20 feet 26 feet -6466 feet 60 20 21 feet 26 feet -66AS feet 90 18 110 feet 26 feet eet 3. Parallel parking spaces. Parallel parking spaces shall have minimum width of 9 feet and a minimum length of 24 feet. Aisle widths shall be 12 feet for one-way traffic and 26 feet for two-way traffic. E. Drainage. 1. Surface water from parking lots shall not drain over sidewalks or adjacent parcels; and 2. Parking lots shallbe designed in compliance with the storm water quality and quantity standards of the City s Best Management Practices. Diamond Bar bevel meat Code Article III -Site Planning III -104 CHAPTER 22.34 - PROPERTY MAINTENANCE STANDARDS Sections: 22.34.010 -Purpose 22.34.020 - Applicability 22.34.030 - Single-family Standards 22.34.040 - Multi -family Standards 22.34.050 - Commercial Standards 22.34.060 - Industrial Standards 22.34.070 - Abatement Procedures 22.34.010 - Purpose This Chapter provides for the abatement of conditions that are offensive or annoying to the senses, detrimental to property values and community appearance, an obstruction to or interference with the comfortable enjoyment of adjacent property, or hazardous or injurious to the health, safety, or welfare of the general public in a manner which may constitute a nuisance. 22.34.020 - Applicability The standards for property maintenance provided in this Chapter apply to all properties within the City, except where otherwise provided in this Chapter. 22.34.030 - Single-family Standards A. Storage in front yard/side yard abutting a street. 1. The entire front yard visible from an adjacent street or sidewalk, shall be kept and maintained free and clear of all construction and automotive materials or parts, trash, refuse, debris, trash storage receptacles, inoperative motor vehicles, dismounted camper bodies, discarded or broken materials, appliances, equipment or similar materials. 2. Emergency or minor repairs to a motor vehicle owned by a person residing upon the parcel may be conducted on a motor vehicle upon a paved driveway or paved parking area. Repair shall be concluded within 10 consecutive days of the commencement thereof or up to 30 days at the discretion of the Director. 3. Interior side yard and side yards abutting a street shall be maintained in a clean and orderly manner. B. Motor vehicle parking. 1. Parking of mgtor vehicles, including recreational vehicles, on a single-family parcel shall occur within a garage, or carport, or upon a driveway or other allowed paved Diamond Bar Development Code Article III - Site Planning Hearing Draft - December 9, 1997 III -117 Property Maintenance Standards 2MV 2. No person shall park or store a commercial vehicle, commercial trailer or related commercial equipment for a periodin excess of 72 hours. No more than two commercial vehicles or trailers may be parked on a parcel at any one time. C. Structure maintenance. All structures shall be maintained In a structurally sound, safe manner with a clean, orderly appearance. Any physical damage or deterioration (e.g., broken windows/doors, leaking roof, etc.) peeling paint, graffiti, or other types of damage or deterioration shall be repaired as soon as possible. Graffiti shall be removed within 72 hours by the owner/occupant of the structure. D. Landscape maintenance. All landscaped areas within the front yard or side yard abutting a street shall be kept in a neat and clean condition, substantially free of debris and dead, diseased or dying vegetation, and broken or defective decorative elements of the landscaped area. Foliage in landscaped areas shall be mowed, groomed, trimmed, pruned and adequately watered so as to maintain a healthy growing condition. Irrigation systems shall be maintained to prevent public health or safety hazards. E. Fence and wall maintenance. books, w, urdsaing pots and few of Vieffid. acesiottocomkitttkegtptblic!LUism All structures shall be maintained in a structurally sound, safe manner with a clean, orderly appearance. Any physical damage or deterioration ., broke,, windowsidoovs, !making oof, etc.) peeling paint, loose boards, graffiti, or other types of damage or deterioration shall be repaired as soon as possible. Graffiti shall be removed within 72 hours by the owner/occupant of the structure. 22.34.040 - Multi -family Standards A. Storage yards. 1. The entire front yard and side yard abutting a street shall be kept and maintained free and clear of all construction materials, automotive arts, trash, refuse, debris, trash storage receptacles, inoperative motor vehicles, boats, camper shells, discarded or broken materials, appliances, furniture, junk, equipment or similar materials. All rubbish, trash and debris shall be kept within approved trash enclosures. 2. Emergency or minor repairs of a motor vehicle owned by a person residing upon the parcel may be conducted on a motor vehicle upon a paved driveway. Repair shall be Diamond Bar Develo ment Code Article M - Site Planning III -118 Property Maintenance Standards 22.34 concluded within 10 consecutive days of the commencement thereof or a maximum of 30 days as approved by the Director. B. Storage in garages and carports. No storage of materials, including, but not limited to, trash and trash receptacles, newspapers, building and automotive materials, landscape maintenance tools, equipment, debris, inoperative motor vehicles, camper shells not mounted on motor vehicles or boats and trailers shall be permitted within a garage or carport so as to restrict the parking of an operative motor vehicle in the required parking spaces. C. Motor vehicle parking. 1. All parking of motor vehicles shall occur only within a garage, carport, or upon a driveway or other paved parking area that is in compliance with the parking requirements of this Development Code. 2. No person shall park or store a commercial vehicle, trailer or related equipment for a period in excess of 72 hours. No more than two commercial vehicles shall be parked on a parcel at any one time. D. Building Structure maintenance. , All structures shall be maintained in a structurally sound, safe manner with a clean, orderly appearance. Any physical damage or deterioration (e.g., broken windows/doors, leaking roof, etc.) peeling paint, graffiti, or other types of damage or deterioration shall be repaired as soon as possible. Graffiti shall be removed within 72 hours by the owner/occupant of the structure. E. Landscape maintenance. All landscaped areas within the front yard or side yard abutting a street shall be kept in a neat and clean condition, substantially free of debris and dead, diseased or dying vegetation, (e.g., dead branches, palm fronds, lawns, etc.) and broken or defective decorative elements of the landscaped area. Foliage in landscaped areas shall be mowed, groomed, trimmed, pruned, and adequately watered so as to maintain a healthy growing condition. Irrigation systems shall be maintained to prevent public health or safety hazards. F. Fence and wall maintenance. Fences wtd waHs required for sere a es Anil be ntainbairted in a nwwdwr Hutt impienterft the 9ereer&% '. All structures shall be maintained in a structurally sound, safe manner with a clean, orderly appearance. Any physical damage or deterioration (e.g., broken windows/doors, leaking roof, etc.) peeling paint, graffiti, or other types of damage or deterioration shall be repaired as soon as possible. Graffiti shall be removed within . 72 hours by the owner/occupant of the structure. G. Maintenance of parking and similar areas. Parking, loading, storage, driveway and vehicle maneuvering areas shall be kept and maintained so as not to detract from the Diamond Bar Develo went CodeArticle M - Site Planning III -119 Property Maintenance Standards 22.34 appearance of adjacent properties and to protect the health, safety and welfare of the user, occupant and general public. Areas shall be kept in a neat and clean condition, free of trash, debris or rubbish, and free of potholes, sinkholes, standing water, cracks and/or broken areas. Parking space and pavement striping and signs shall be repainted, refurbished and/or replaced when they become faded, damaged or destroyed to an extent that they are no longer effective. Parking areas shall be periodically resurfaced or sealed to minimize seepage of water into the ground below. 22.34.050 - Commercial Standards A. Storage in yards. Storage within front, side, and rear yard areas approved in compliance with this Development Code shall be maintained in a neat and orderly fashion and shall contain only items and/or vehicles incidental to the business, or owned by the business or owner of the business. B. Motor vehicle parking. 1. Parking of motor vehicles shall occur on paved parking areas in compliance with Chapter 22.30 (Off -Street Parking and Loading Standards). 2. No person shall park or store any commercial vehicle, trailer or related equipment for a period in excess of 72 hours. No more than two commercial vehicles may be parked on any parcel at any one time. C. Building Structure maintenance. Buildings, structures and paved areas shall be kept and maintained in a manner so as not to detract from adjacent properties and -to protect the health, safety and welfare of the user, occupant and general public. Buildings, structures and paved areas shall be deemed substandard and in violation of this Chapter when they display evidence of exterior dilapidated conditions. All structures shall be maintained Jn a structurally sound, safe manner with a clean, orderly appearance. Any physical damage or deterioration (e.g., broken windows/doors, leaking roof, etc.) peeling paint, graffiti, or other types of damage or deterioration shall be repaired as soon as possible. Graffiti shall be removed within 72 hours by the owner/occupant of the structure. D. Landscape maintenance. All landscaped areas shall be kept and maintained in a manner so as not to detract from the appearance of adjacent properties and to protect the health, safety and welfare of the user, occupant and general public. Landscaped areas shall be kept in a neat and clean condition, free of weeds, debris, and dead, diseased, or dying vegetation, and broken or defective decorative elements of the landscaped area. Foliage in landscaped areas shall be mowed, groomed, trimmed, pruned, and watered as to keep the same in a healthy growing condition. Irrigation systems shall be kept in good working condition to prevent public health hazards. E. Fence and wall maintenance. user,innsame Fel- se and to protect the heetith, safety and welfare of the . All structures shall be maintained in a structurally sound, safe manner with a clean, orderly appearance. Any physical damage or deterioration (8.g., Diamond Bar Development Code Article III - Site Planning Hearing Draft - December 9,1997 III -120 Sign Standards 22.36 C. Temporary sign permit bond. To ensure the removal of temporary signs in a timely manner, the Director may require that the applicant post a bond in an amount sufficient to cover the cost of removing the temporary sign and restoring the premises to its proper condition. D. Approval of sign permits. A Sign Permit application shall be approved by the Director provided that the proposed sign is consistent with the intent and provisions of this Chapter. Review of the Sign Permit shall include consideration of size, color, material, illumination, location, and other elements of design in compliance with the Sign Design Guidelines (22.36.070). E. Revocation of sign permits. The Director may revoke or modify a Sign Permit, in compliance with Chapter 22.76 (Revocations and Modifications) if it is found that the sign(s) has been erected, altered, reconstructed, or is being maintained in a manner that is inconsistent with the approved Permit. 22.36.050 - Exemptions From Sign Permits Sign Permits shall not be required for the signs listed in this Section. Exempt signs shall not be included in the determination of the total allowable number of signs or total allowable sign area for a site/ use. A. Permanent signs with no without specific size limitation. The following signs are exempt from Sign Permit review subject to the follciwing limitations: 1. Signs located within shopping centers or similar areas where the signs are not visible from any point on the boundary of the premises; 2. Official and legal notices required by a court or governmental agency; 3. A sign erected and maintained in compliance with and in discharge of a governmental function or required by a law, ordinance or governmental regulation, including signs erected by a public utility; 4. Signs on licensed commercial vehicles, including trailers; provided, however, that vehicles /trailers shall not be used as parked/ stationary outdoor display signs; 5. Bench and other signs located at designated public transit locations; and 6. Change of copy within an approved Comprehensive Sign Program that conforms to the provisions of the Comprehensive Sign Program. (22.36.060). B. Permanent signs limited by maximum size. The following signs are exempt from Sign Permit review subject to the following limitations: Diamond Bar Development Code Article III - -ite Planning Hearing Draft - December 9,1997 III -133 Sign Standards 22.36 1. Occupant name, street number, and street name signs not exceeding two square feet in area per single-family or multi -family unit. Street address signs shall have Arabic numbers a minimum of three inches in height; 2. Signs for commercial, office and industrial uses not exceeding two square feet and limited to business identification, hours of operation, address and emergency information; 3. Vehicle oriented safety and directional signs solely for the purpose of guiding traffic, parking, and loading on private property, and not bearing advertising materials. Maximum sign area shall be four square feet in residential zoning districts and six square feet in commercial zoning districts. Maximum height for freestanding signs shall be four feet. Taller signs may be approved by the Director, if visibility will not be impaired, 4. Affiliation signs for auto -related uses, motels, and hotels that slow notices of services provided or required by law, trade affiliations, credit cards accepted, and similar signs provided they are attached to an otherwise approved freestanding sign, or structure. Signs or notices shall not exceed one-half square foot in area per sign, and no more than six signs are allowed per business; 5. Gasoline pump signs identifying the brand, types, and octane rating provided the signs do not exceed two square feet per pump face; 6. Names of structures, commemorative plaques, tables, dates of construction, and the like when carved in stone, concrete, or similar materials or made of bronze, aluminum, or other similar permanent material and mounted permanently on a structure. These signs shall not exceed four square feet in area and five feet in height; and 7. Official flags of a nation, the State of California, other states of the Nation, and municipalities provided that the pole height shall not exceed 25 feet in residential zoning districts and 35 feet in nonresidential zoning districts. The length of the flag shall not be more than 1/4 of the height of the pole. Larger flags may be approved subject to approval by the Director. is Menu boards for drive-through restaurants shall not exceed a height of six feet and shall be placed within a landscaped area. Only two menu signs shall be allowed for each restaurant. G. Temporary signs limited by size and period of display. 1. Real estate signs. Real estate signs offering property for sale, lease, or rent are allowed on private property in any zoning district subject to the owner's permission and the following limitations: a. For single-family dwellings, one sign per street frontage not to exceed four square feet in area and six feet in height. In addition, up to four "open house" signs not exceeding two square feet each are allowed when a sales agent or owner is present at the site. Signs shall be removed when the open house ends. Diamond Bar Develo meet Code Article M - Site Planning III -134 Standards for Specific Land Uses 22.42 D. Referral of application for investigation. The Deputy eity Manage, Director shall refer the permit application to the designated head of do law enforcement agency providingpolicesomicis to the eity Sheriff's Department for an investigation to be made of the information as contained on the application. 1. After an the Sheriff. Department's investigation, die designated head of tits law 9, for coins, it age, icy providl, ig police so, vices to tits Deputy elty manager.the tion within 20 days of the unless one or more of the following findings is, true; a. That the applicant, his or her employee, agent, partner, director, officer, controlling stock holder, or manager has knowingly made any false, misleading, or fraudulent statement of material fact in the application for a permit, or in any report or record required to be filed with any City or county agency or department. b. That on the date that the business for which a permit is required herein commences, or thereafter, there will be no responsible person on the premises to act as manager at all times during which the adult-oriented business is open. c. That an applicant is under 18 years of age. d. That an applicant has been convicted of a "Speck Criminal Act" for which: 1) Less than two years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a misdemeanor offense for the "Specified Criminal Acts" which are sexual crimes against children; sexual abuse; rape; or crimes connected with another adult-oriented business including, but not limited to, distribution of obscenity; distribution, display, or sale of material harmful to minors; prostitution; or pandering. 2) Less than five years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the convictions are of two or more misdemeanors for the "Specified Criminal Acts" which are sexual crimes against children; sexual abuse; rape; or crimes connected with another adult-oriented business including, but not limited to, distribution of obscenity; distribution, display, or sale of material harmful to minors; prostitution; or pandering; or conviction of any such offense occurring within 24 months prior to application. 3) The fact that a conviction is being appealed shall have no effect on disqualification of the applicant. Diamond Bar Development Code Article III - Site Planning City Council Revisions April 21,1998 111-167 Standards for Specific Land Uses 22.42 4) An applicant who has been convicted of any of the above described "Specified Criminal Acts" may qualify to own, operate, or manage an adult- oriented business only when the required time period has elapsed. e. That the proposed business is located outside the Ught Industry Zoning District or Is not in compliance with the separation requirements of Subsection F of this Section. 2. in the event that the Information requested Is not immediately available services to ft eity the Sheriff's Department shall - If the application otherwise meets the requirements of this Chapter and the investigation conducted reveals none of the factors set forth In Subsection 1., above - issue a report thereon and the permit shall Issue therefrom. Whereupon, the Director Eity-Manager, or designee thereof, shall Issue the permit. Should the information obtained materially vary from that on the application, the variance shall be cause to revoke the permit. 3. The City's decision to grant or deny the permit shall not Include information authorized or required to be kept confidential in compliance with Welfare and Institutions Code Sections 600 to 900. E. Transfer of Adult -Oriented Business Permits. 1. A permittee shall not operate an adult-oriented business under the authority of an Adult -Oriented Business Permit at any place other than the address of the adult- oriented business stated in the application for the Permit. 2. A permittee shall not transfer ownership or control of an adult-oriented business or to another person unless and until the transferee obtains an amendment to the a new Permit honi tim designated hand -of the law enforcesnent agency providing police services fow the e9ty stating that the tgalisforee 'a now the pennittee. Such an amendment army be obtained only If the t, a, isfe, ee floss an application In compliance with Subsection C. 3. No Pennitniny be transferred Mien the applicant has beennotifled that the Permit No permit Issued in compliance with e trans to this Chapter shall bferrable. 4. Any attempt to transfer a permit either directly or indirectly in violation of this Section is hereby declared void, and the Permit shall be deemed revoked. F. Locationiseparation requirements. It Is unlawful to cause or allow the establishment of an adult arcade, adult bookstore, adult cabaret, adult motel, adult motion picture theater, adult theater, massage parlor or sexual encounter establishment within 500 feet of any other similar adult business, religious institution, school, or public park, or any property designated for residential use or used for residential purposes. G. Design standards. 1. No sexually -oriented business shall be located in any temporary or portable structure. Diamond Bar Development Code Article IH - Site Planning City Council Revisions April 21,1998 1111-191 Standards for Specific Land Uses 22.42 2, Trmb dumpsters shall be enclosed by a screening enclosure so as not to be accessible to the public. 3. No landscaping shall exceed 30 Inches in height, except trees with foliage not less than six feet above the ground. 4. All off-street parking areas and premise entries of the sexually -oriented business shall be Illuminated from dusk to closing hours of operation with a lighting system which provides an average maintained horizontal Illumination of one footcandle of light on parking surfaces and walkways. The lighting shall be shown on the site plan required by this Chapter. 5. The premises within which the sexually -oriented business is located shall provide sufficient sound -absorbing insulation so that noise generated Inside said premises shall not be audible anywhere on adjacent property, public rights- of-way or within any separate unit within the same building. 6. The building entrance to the sexually -oriented business shall be clearly and legibly posted with a notice indicating that persons under 18 years of age are precluded from entering the premises. 7. All Indoor areas of the sexually -oriented business within which patrons are permitted, except restrooms, shall be open to view by the management at all times. 8. All areas of the sexually -oriented business shall be illuminated at a minimum of the following footcandles, minimally maintained and evenly distributed at ground level: 9. The sexually -oriented business shall provide and maintain separate restroom facilities for male patrons and employees, and female patrons and employees. Male patrons and employees shall be prohibited from using the restroom(s) for females, and female patrons and employees shall be prohibited from using the restroom(s) for males, except to carryout duties of repair, maintenance and cleaning of the restroom facilities. The restrooms shall be free from sexually- in- Standards for Specific Land Uses 22.42 oriented material and sexually -oriented merchandise. Restrooms shall not contain television monitors or other motion picture or video projection, recording or reproduction equipment. The foregoing provisions of this paragraph shall not apply to a sexually -oriented business which: (1) is not required to and does not provide restroom facilities to patrons or the general public; and (11) deals exclusively with sale or rental of sexually -oriented material or sexually -oriented merchandise which is not used or consumed on the premises. 10. Adult arcades shall comply with the following additional requirements: a. The interior of the premises shall be configured in a manner that from a manager's station there is an unobstructed view of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. If the premises has two or more designated manager's stations then the interior shall be configured in a manner that from at least one of the manager's stations there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose, excluding restrooms. The view required in this Subparagraph shall be direct line of sight from the designated manager's station. b. The view specified in Subparagraph a. shall at all times remain unobstructed by doors, walls, merchandise, display racks, or other materials. c. The walls or partitions between viewing rooms or booths shall be maintained In good repair at all times. The walls or partitions between viewing rooms or booths shall not contain holes between any two rooms or booths as would allow either: (1) viewing from one room or booth into another; or (11) physical contact of any kind between the occupants of any two rooms or booths. 11. Adult cabarets and adult theaters, except for businesses regulated by the Alcoholic Beverage Control Commission, shall comply with the following additional requirements: a. Separate dressing room facilities for entertainers, exclusively dedicated to the entertainers, use, shall be provided. b. An entrancelexit for entertainers, separate from the entrancelexit used by patrons, shall be provided. c. Access between the stage and the entertainers' dressing room facilities, completely separated from the patrons, shall be provided. If separate access is not physically feasible, a minimum three-foot=wide walk aisle between the entertainers, dressing room facilities, and the stage shall be provided. The walk aisle shall contain a railing, fence, or other barrier separating the patrons and the entertainers. The railing, fence, or other barrier shall be at least 30 inches in height and shall be sufficient to prevent any physical contact between patrons and entertainers. Standards for Specific Land Lases 22.42 licensing procedures. Licensing by the Department of Social services is required for child day-care facilities. A. Standards for large family day-care homes. The following standards shall apply. 1. Large family day-care permit required. Permit processing for large family day-care homes shall be subject to the following. a. Permit requirement and public notice. A large family day-care home shall require the approval of a nondiscretionary Large Family Day -Care Permit by the Director. Property owners within 100 feet of the proposed site shall be provided notice of the application at least 10 days prior to the date of the Director's decision on the permit. A public hearing may be requested in writing by the applicant or other affected person(s). The notice shall state that the Director's determination may be appealed to the Commission, in compliance with 22.74 (Appeals), but that the Commission may only grant the appeal and reverse or modify the determination if the Commission finds that the Director's determination was contrary to State or City laws governing large family day-care homes. b. Criteria for approval. A Large Family Day -Care Permit shall be issued if the Director determines that the proposed large family day-care home will comply with the standards in this Section. c. Discretionary Conditional Use Permit. The Commission may approve a Conditional Use Permit, in compliance with 22.58, authorizing operation of a large family day-care home that does not comply with and/or cannot be operated in compliance with the standards in this Section. 2. Day-care provider's residence. The large family day-care home shall be the principle residence of the day-care provider and the use shall be clearly incidental and secondary to the use of the property as a residence. 3. Fire Department standards. The facility shall contain a fire extinguisher and smoke detector devices and comply with the standards established by' the City Fire Department. 4. Health and safety standards. Each facility shall be inspected by the City for compliance with the Housing Code and any regulations adopted by the State Fire Marshal concerning health and safety standards which are applicable to care facilities. 5. Noise. In order to protect adjacent residential dwellings from noise impacts, a facility within any residential zoning district may only operate up to 14 hours for each day between the hours of 6:00 A.M. and 8:00 P.M. and may only conduct outdoor activities between the hours of 7:00 A.M. and 7:00 P.M. Additionally, the facility shall be in full compliance with 22.28 (Noise Control) for the subject zoning district. Diamond Bar Development Code Article III - Site Planning Hearing Draft -December 9,1997 III -179 Standards for Specific Land Uses 22.42 6. Off-street parking standards. Each facility shall have the number of parking spaces required for single-family dwellings, in compliance with 22.30 (Off -Street Parking and Loading Standards), one additional space for the drop-off and pick-up of the children utilizing the facility to ensure that the children are not placed at risk and street traffic is not unduly interrupted, and one additional parking space for each person working at the facility, other than a person who resides at the home. a. Where the facility has less than 22 feet of on -street parking along the frontage of the parcel, the facility shall be provided with one additional parking space. The driveway of a care facility may serve to meet the required off-street parking spaces and/or the drop-off area. b. The drive -way parking spaces may be in tandem with the on-site garage spaces. Any facility located on an arterial street shall be provided with adequately designed off-street drop-off and pick-up areas to ensure that vehicles reentering the arterial street will be able to do so in a forward manner. 7. Separation standards. A residential parcel shall not be bordered on more than one side by a care facility and a care facility shall not be legally operated on a parcel within 300 feet of the parcel subject to the application. 8. Signs prohibited. No signs shall be allowed in conjunction with a day-care facility. B. Standards for child day-care centers. The following standards shall apply, in addition to those standards contained in Subsection 11. (Standards for large family day-care homes), above: 1. Fence or wall. A six foot high solid decorative fence or wall shall be constructed on all property lines, except in the front yard or within a traffic safety sight area. Fences or walls shall provide for safety with controlled points of entry in compliance with 22.20 (Fences, Walls, and Hedges); 2. Indoor play areas. The facility shall be provided with indoor play areas in compliance with State requirements. Separate and clearly defined play and activity areas shall be provided for each age group, including infant, toddler, preschool and school age children; and 3. Outdoor play lot. An outdoor play lot of at least 75 square feet of useable area for each child, but not less than 450 square feet in area exclusive of the required front yard setback, shall be provided. The outdoor play lot shall be located in the rear yard. Stationary play equipment shall not be located in front and side yards. 22.42.050 - Drive -In and Drive -Through Facilities Retail trade or service uses providing drive-in/drive-through facilities shall be designed and operated to effectively mitigate problems of traffic, congestion, excessive pavement, litter, noise and unsightliness in the following manner: M_ Standards for Specific Land Uses 22.42 9. Compatibility. The guest house shall be designed to ensure compatibility and visual harmony with the main dwelling on site and with other residential structures in the surrounding neighborhood; and 10. Parcel coverage. The guest house, along with the main dwelling and any other accessory structures, shall not exceed an overall parcel coverage of 40 percent; and 22:42.070 -Home-Based Businesses Home based businesses are allowed in residential zoning districts when operated in compliance with the provisions of this Subsection: A. Operational standards. Home based businesses shall comply with the following operating standards: 1. Location. The location of the business shall be the principal residence of the person(s) conducting the business and shall be clearly incidental and secondary to the use of the property for residential purposes; 2. No alterations. Alterations shall not be made which would alter the character of the residence or change its occupancy classification in compliance with the Building Code; 3. Signs. Advertising sign(s), displays of merchandise or stock in trade, or other identification of the business activity shall not be provided on the premises; 4. Nuisance factors. The business shall not create levels of glare, light, noise, electrical interference, dust, heat, odor, solid waste, vibration, or other characteristics in excess of that customarily associated with similar residential uses; 5. Family ment Residents only. Persons engaged in the business. shall be limited to ittentbets ei Rhe family persons residing on the premises; 6. Size. The total floor area used for the business, including any area within accessory structures, shall not exceed 20 percent of the total living space of the dwelling unit or 400 square feet, whichever is larger. The space devoted to non-commercial business vehicles under one ton carrying capacity, parked in the garage, is excluded from the total floor area devoted to the business; 7. Use to be enclosed. The business shall be conducted completely within the enclosed living space of the residence or accessory structure. If the business is conducted within a garage, the use shall not encroach within the required parking spaces for the residence. The vehicle door to the garage shall remain closed while the business activity is being conducted. S. No outside storage. Equipment, materials or products associated with the business shall not be stored outdoors. Contractors are not permitted to store landscaping, plumbing, electrical, construction or similar supplies or materials on the premises, except those contained within a single vehicle of less than three-fourths ton carrying capacity. Diamond Bar Development Code Article III - Site Plannirg Hearing Draft -December 9,1997 III -1^o3 Standards for Specific Land Uses 22.42 9. Hazardous materials. The business shall not involve the storage or use of explosive, flammable, or toxic materials specifically defined as hazardous materials, 10. Vehicle trips. The business shall not generate additional pedestrian or vehicular trips in excess of that customarily associated with the zoning district in which it is to be located. Clients, customers, patrons or students shall not visit or conduct business at the residence. Truck deliveries of mail or packages are not permitted to average more than two times per week; and 11. Sale and storage of merchandise. Merchandise, products or stock -in -trade shall not be sold upon the premises, and stock used by the business that is not customary to a residence shall be stored at an off-site location (e.g., storage facility or other non- residential location). Required parking spaces shall be kept clear and used only for the parking of vehicles owned by persons residing on the premises. B. Prohibited home based businesses. Home based businesses are prohibited that would: 1. Not com 1 with the standards and criteria contained in Subsection i �� shall not be allowed; 2. Generate levels of dust, glare/light, noise, odor, or traffic which would have a significant adverse effect upon the neighborhood and environmental setting of the residential site; 3. Be inconsistent with the General Plan andnoapplicable specific plan; 4. Threaten the health and safety of the citizens of the City; and 5. Clearly represent a use that would conflict with the normal residential atmosphere of the neighborhood surrounding the subject site. 22.42.080 - Outdoor Display and Sales Standards This Section provides development and operational standards for outdoor uses, including temporary outdoor display and sales (Subsection A., below), permanent outdoor display and sales (Subsection B., below) and outdoor dining and seating areas (Subsection C., below). A. Temporary outdoor displays and sales. Temporary outdoor displays and sales may be allowed with the approval of a Temporary Use Permit, in compliance with the following standards. In approving an application for a Temporary Use Permit, the Director may impose conditions deemed necessary to ensure that the permit will be in compliance with the findings required by 2250.060 (Action by the Director). These conditions may address any pertinent factors affecting the operation of the temporary event or use, and may include the following: 1. Fixed period of time. Provision for a fixed period of time as specified by the permit, or where not specified, not to exceed 10 consecutive days; Standards for Specific Land Uses 22.42 c. Supervision. The dining area shall be supervised by a restaurant employee to ensure compliance with laws regarding on-site consumption of alcoholic beverages. 2. Parking requirements. Outdoor dining and seating areas shall comply with the following off-street parking requirements: a. Parking calculations. Off-street parking requirements shall be calculated in compliance with 22.30 (Off -Street Parking and Loading Standards). The Director may reduce or waive parking requirements for outdoor dining areas less than 400 square feet in area that are operated on a seasonal basis; and b. Additional off-street parking. Outdoor dining areas that are not part of a specific restaurant, but are used in common with several restaurants or tenants within a commercial center shall not be required to provide additional off-street parking for these common outdoor areas. 3. Clean-up facilities. Outdoor dining areas, whether part of a restaurant or seating in common, shall provide adequate clean-up facilities, and associated procedures, in the following manner: a. Cleaning schedule. Outdoor dining areas shall be cleaned on a continual basis for removal of litter and food items which constitute a nuisance to public health and safety; and b. Waste receptacles. Outdoor dining areas shall contain waste receptacles for use by the public and/or restaurant employees. 4. Design compatibility. Outdoor dining and seating areas are subject to Development Review in compliance with 22.48. To ensure compatibility with surrounding uses and a high standard of design quality, the following standards shall be implemented: a. Compatible elements. Outdoor dining and seating areas and associated structural elements, awnings, covers, furniture, umbrellas or other physical elements which are visible from the public rights-of-way, shall be compatible with the overall design of the main structure(s); b. Entertainment. Outdoor dining and seating areas that provide dancing, entertainment or amplified music shall require the preparation of a noise analysis with appropriate mitigation measures to ensure that noise levels will not exceed those specified in 22.28. (Noise Control); c. Pedestrian experience. The use of awnings, plants, umbrellas and other human scale elements is encouraged to enhance the pedestrian experience; d. Potential impacts. Outdoor dining and seating areas and their relation to churches, hospitals, public schools and residential uses shall be considered by the review authority. Proper mitigation measures shall be applied to eliminate potential impacts related to glare, light, loitering and noise; Diamond Bar Development Code Article III - Site Planning Hearing Draft -December 9,1997 I1I-187 Standards for Specific Land Uses 22.42 e. Obstructions. Outdoor dining and seating areas shall not obstruct vehicular or pedestrian traffic flow and not necessitate the removal of existing pedestrian or vehicular movement areas; f. Separation requirements. Outdoor dining and seating areas shall be separated from residential uses, at a minimum distance of 200 feet, except in mixed-use projects; g. Setbacks. Outdoor dining and seating areas shall be setback a minimum of five feet from property lines or parking lots; h. Waste receptacles. Waste receptacles shall be provided in outside seating areas, where and when appropriate. 5. One year review required. Conditional Use Permits for outdoor dining and seating areas are subject to review after one year, at which time the Director shall conduct a study to determine if adverse impacts have resulted from the use. If none are found, then a permanent Conditional Use Permit may be granted 22.42.090 - Outdoor Storage or Work Activities This Section establishes standards for the location, screening, and operation of outdoor storage areas. A. Outdoor storage areas. Where allowed by Article II (Zoning Districts and Allowable Land Uses), outdoor storage areas shall be entirely enclosed and screened by a solid fence or wall a minimum of six feet in height in conjunction with landscape screening. B. Review and approval required. Uses proposing outdoor storage or work activities shall be subject to review and approval by the Director in compliance with 22.48 (Development Review). 22.42.100 - Recycling Facilities This Section establishes standards and procedures for the siting and operation of various types and sizes of commercial recycling facilities. Standards for Specific Land Uses F KIN 2. Refuse disposal. The facility shall maintain adequate on-site refuse containers for the disposal of nonrecyclable and nonhazardous waste materials. 22.42.110 - Residential Accessory Uses and Structures This Section provides standards for specific residential accessory uses and structures allowed in the zoning district applicable to a parcel (see 22.08.030, Residential Zone Land Uses and Permit Requirements). Residential accessory uses include any use that is customarily related to a residence, including, but not limited to, garages, greenhouses, storage sheds, studios, swimming pools/spas and workshops. A. General requirements. Accessory uses and structures are subject to the following standards, except where more restrictive requirements are established by other provisions of this Section for specific uses. 1. Relationship of accessory use to the main use. Accessory uses and structures shall be incidental to and not alter the character of the site from that created by the main use. 2. Attached structures. An accessory structure that is attached to a main structure shall be architecturally compatible with, and made structurally a part of the main structure (e.g., share a common wall with the main structure). It shall also comply with the requirements of this Development Code applicable to the main structure, including but not limited to setbacks, heights and floor area ratio. 3. Detached structures: Coverage. The floor area of a single detached accessory structure shall not exceed 30 percent, nor shall the sum of the floor area(s) of the total number of detached accessory structures exceed 40 percent, of the required rear yard of the parcel. A covered patio or barbecue area shall not be construed as an accessory structure for purpose of calculating floor area. b. Design. Detached accessory shmctures shall be compatible with the materials and architecture of the main dwelling(s) on the property. c. Setback requirements. As provided by Table 3-1 (Required Setbacks - Accessory Uses and Structures). Accessory structures shall not be closer than three feet to any side lot line, nor within five feet of the side line of the front half of any adjoining parcel B. Antennas. Antennas are subject to the provisions of 22.42.130 (Telecommunications Facilities). C. Garages. A detached accessory garage shall not occupy more than 1,000 square feet for each dwelling unit (including any workshop or storage space within the garage) unless a larger area is authorized by the Director through Development Review, in compliance with 22.48. HM Standards for Specific Land Uses 22.42 D. Greenhouses. An accessory greenhouse may occupy up to 500 square feet for each dwelling unit or 10 percent of the parcel, whichever is less. E. Home occupations. Home occupations are subject to the requirements of 22.42.070. F. Swimming pools/spas/hot tubs. Private swimming pools, spas and hot tubs are allowed accessory to approved residential uses on the same parcel, subject to the following provisions: 1. Limitation on use. The pool is to be used solely by occupants of the dwelling(s) on the same parcel and their guests; and 2. Fencing. The swimming pool shall be secured by fencing and/or walls to prevent uncontrolled access by children, in compliance with the Building Code. G. Tennis and other recreational courts. Noncommercial outdoor tennis courts and courts for other sports (e.g., racquetball, etc.) accessory to a residential use are subject to the following requirements: 1. Fencing: Shall be subject to the height limits of 22.20 (Fences, Walls, and Hedges); and 2. Lighting. Court lighting shall not exceed a maximum height of 20 feet, measured from the court surface. The lighting shall be directed downward, shall only illuminate the court, and shall not illuminate adjacent property, in compliance with 22.16.050 (Exterior Lighting). H. Workshops or studios. Any accessory structure intended solely or primarily for engaging in artwork, crafts, light hand manufacturing, mechanical work, etc. is subject to the following standards when located in a residential zoning district: 1. Limitation on use: An accessory structure may be constructed or used as a studio or workshop in any residential zoning district solely for the following non-commercial activities: a. Amusements or hobbies; b. Artistic endeavors (e.g., painting, photography or sculpture); c. Maintenance of the main structure or yards; d. Maintenance or mechanical work on vehicles owned or operated by the occupants; or e. Other similar purposes. Any use of accessory workshops for any commercial activity shall meet the standards for Home -Based Businesses, in compliance with 22.42.070; and Diamond Bar Development Code Article III - Site Planning Hearing Draft -December 9, 1997 III -194 1. 2. CITY OF DIAMOND BAR "QUICK CAP" MINUTES APRIL 21, 1998 STUDY SESSION: a. School Traffic Study - M/Herrera called the Study Session to order at 4:12 p.m. CM/Belanger made a brief comment, and then turned the meeting over to DDPW/Liu and Cathy Lawrence, consultant with Austin -Faust. Jerry Hamilton, 1429 Copper Mountain asked that the Council look into what the increase in the school population will be in the future in order to alleviate the traffic congestion around the school. Following discussion, the School Traffic Study matter was continued to May 5, 1998. b. City Manager Evaluation Process - M/Herrera passed out forms to Council for evaluating the City Manager. She asked that these forms be turned in by April 30. M/Herrera adjourned the Study Session at 6:07 p.m. CLOSED SESSION: CALL TO ORDER: PLEDGE OF ALLEGIANCE: INVOCATION: Catholic Church None 6:35 p.m. April 21, 1998 Parks & Recreation Commission Patty Anis Father Olin Mayfield, St. Denis ROLL CALL: Council Members Ansari, Huff, O'Connor, Mayor Pro Tem Chang, Mayor Herrera Also present were Terrence Belanger, City Manager; James DeStefano, Deputy City Manager; Michael Jenkins, City Attorney; David Liu, Deputy Director of Public Works; Bob Rose, Community Services Director; Linda Magunson, Assistant Finance Director; Mike Nelson, Communication and Marketing Director; and Tommye Nice, Deputy City Clerk. APPROVAL OF AGENDA: CM/Belanger stated that it was staff's recommendation to continue Item No. 8.2 - Diamond Bar Ranch Festival to a future meeting. M/Herrera asked that Item No. 9.2 Appointment to the Community Advisory Committee for Walnut Sheriff Station - be brought forward following Special Presentations. 3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: APRIL 21, 1998 PAGE 2 3.1 Proclaimed May 4-8, 1998 - as "Hire -A -Veteran Week." 3.2 Proclaimed May, 1998 as "Water Awareness Month." - C/Ansari presented Proclamation to Ed Layton, Board Member of the Walnut Valley Water District. 3.3 Proclaimed April 26 to May 2, 1998 as "Child Passenger Safety Week." 3.4 Both MPT/Chang and M/Herrera presented a Certificate of Recognition to Sharon Butler, recently named Mrs. Los Angeles County. 4. PUBLIC COMMENTS: Alan Wilson, announced that the Friends of the Library was holding their "Wine Tasting Soiree on Sunday, April 26, 1998 from 2:00 to 5:00 p.m., at the Shilo Hilltop, 3101 Temple Ave. Tickets are still available for $25.00 and at the door for $30.00. Jean Witzman - 21300 Tambo Pl. asked Council to look into the possibility of issuing parking passes to the residents in her neighborhood due to the "Parking One-hour" signs. She also presented the Council with a petition signed by the residents in her neighborhood. Jerry Hamilton, 1429 Copper Mountain, thanked all the agencies involved in the Kiwanis 5-10K Walk/Run on Sunday, April 19. 9. NEW BUSINESS: 9.2 MATTER OF APPOINTMENT TO COMMUNITY ADVISORY COMMITTEE FOR WALNUT SHERIFF STATION - M/Herrera nominated Ed Hain and Mary Matson to the Community Advisory Committee. C/O'Connor moved, C/Ansari seconded to approve the nomination. Motion carried 5-0 by Roll Call vote. 5. SCHEDULE OF FUTURE EVENTS: 5.1 PARKS & RECREATION COMMISSION - April 23, 1998 - 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. 5.2 EGGS & ISSUES BREAKFAST (Diamond Bar Chamber of Commerce)- April 24, 1998 - 7:14 a.m., Diamond Bar Country Club - 22801 Golden Springs Dr. - Sen. Mountjoy to speak. 5.2 FRIENDS OF THE LIBRARY WINE TASTING SOIREE - April 26, 1998 - 2:00 to 5:00 p.m., Shilo Hilltop, 3101 Temple Ave. 5.3 SPRING CLEAN-UP - April 25, 1998. 5.4 PLANNING COMMISSION - April 28, 1998 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. APRIL 21, 1998 PAGE 3 5.5 CITY COUNCIL MEETING - May 5, 1998 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Dr. 6. CONSENT CALENDAR: MPT/Chang moved, C/Huff seconded to approve the Consent Calendar with the exception of Items No. 6.1.2 and 6.6 Motion carried 5-0 by Roll Call vote. 6.1 APPROVED MINUTES: 6.1.1 Study Session of April 7, 1998 6.2 RECEIVED & FILED TRAFFIC & TRANSPORTATION COMMISSION MINUTES - Regular Meeting of February 12, 1998. 6.3 APPROVED AMENDED VOUCHER REGISTER - dated April 17, 1998 in the amount of $555,631.56. 6.4 EXONERATED LANDSCAPING BOND (FAITHFUL PERFORMANCE, LABOR & MATERIALS) FOR 669 LEYLAND DRIVE (LOT 17, TRACT 31977) IN DIAMOND BAR. 6.5 APPROVED CONTRACT AMENDMENT WITH INTERNATIONAL CROSSING GUARD SERVICES amending the existing crossing guard contract agreement with International Services, Inc. from $55,000 to $57,200, an increase of $2,200 to provide service at the intersection of Sunset Crossing Rd. and Del Sol Ln. 6.7 ADOPTED RESOLUTION NO. 98-20: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE APPLICATION OF GRANT FUNDS FROM THE LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT PER PARCEL DISCRETIONARY GRANT PROGRAM FOR PANTERA PARK. 6.8 ADOPTED RESOLUTION NO. 98-21: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE DESTRUCTION BY THE CITY CLERK OF CITY RECORDS AND DOCUMENTS WHICH ARE NO LONGER REQUIRED AS PROVIDED UNDER GOVERNMENT CODE SECTION 34090 6.9 REVIEWED AND APPROVED TREASURER'S STATEMENT - for March, 1998. MATTERS WITHDRAWN FROM CONSENT CALENDAR: 6.1.2 Regular Meeting of April 7, 1998 - Both C/Huff and C/O'Connor requested that their comments be included in the Minutes in regards to Item No. 8.2 as to the reason for their vote. 6.6 DENIED CONTRACT AMENDMENT WITH LANDSCAPE WEST, INC. TO PROVIDE LANDSCAPE MAINTENANCE SERVICES FOR LIGHTING AND LANDSCAPE MAINTENANCE DISTRICT NO. 41- to increase the contract for landscape maintenance services in L.L.M.D. No. 41 to $35,624, for a total annual increase of $224 APRIL 21, 1998 PAGE 4 for the 1997/98 FY, effective h 1, 1998. Following discussion, C/Huff moved, C/ACIN seconded to deny the request for an increase in their contract. Motion carried 4-1 C/Ansari voting No. 7. PUBLIC HEARINGS: 7:00 p.m., or as soon thereafter as matters can be heard. 7.1 CONTINUED PUBLIC HEARING ZONING CODE AMENDMENT (ZCA 97- 1)PUBLIC HEARING FOR THE DRAFT DEVELOPMENT CODE, ARTICLE III - SITE PLANNING AND GENERAL DEVELOPMENT STANDARDS AND THE CITYWIDE DESIGN GUIDELINES - Following a presentation by consultant, M/Herrera opened the Public Hearing. Following discussion by Council, M/Herrera continued the Public Hearing to review Article III and the Citywide Design Guidelines to May 5, 1998. 8. OLD BUSINESS: 8.1 ADOPTED RESOLUTION NO. 98-22: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR OPPOSING JUNE 2, 1998 BALLOT MEASURE PROPOSITION 223. C/Huff moved, C/O'Connor seconded to adopt. Motion carried 5-0 by Roll Call vote. 8.2 DIAMOND BAR RANCH FESTIVAL FUNDING - Continued to a future meeting. 9. NEW BUSINESS: 9.1 ADOPTED RESOLUTION NO. 98-23: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR OPPOSING THE ELIMINATION OF VEHICLE LICENSE REVENUE AS PROPOSED IN AB1776, SB1723 AND SB2001 - M/Herrera moved, MPT/Chang seconded to adopt. Motion carried 5-0 by Roll Call vote. 9.3 MATTER OF OPPOSITION TO SENATE BILL 2010 - Following discussion by Council, C/Huff moved, MPT/Chang seconded to oppose Senate Bill 2010. Motion carried 5-0 by Roll Call vote. RECESS TO REDEVELOPMENT AGENCY MEETING Next Resolution No. R-98-04 1. CALL TO ORDER: Chairman Huff ROLL CALL: Agency Members Chang, Herrera, O'Connor, VC/Ansari, C/Huff 2. PUBLIC COMMENTS: None 3. CONSENT CALENDAR: AM/Herrera moved, AM/Chang seconded to approve Consent Calendar. Motion carried 5-0 by Roll Call vote. APRIL 21, 1998 PAGE 5 3.1 APPROVED MINUTES - Regular Meeting of April 7, 1998. 3.2 APPROVED VOUCHER REGISTER dated April 21, 1998 in the amount of $12,781.00. 4. PUBLIC HEARINGS: None 5. OLD BUSINESS: None 6. NEW BUSINESS: None 7. AGENCY MEMBER COMMENTS: AGENCY ADJOURNMENT: 9:35 p.m. RECONVENE CITY COUNCIL MEETING: 9:35 p.m. 10. COUNCIL SUB -COMMITTEE REPORTS: 11. COUNCIL MEMBER COMMENTS: 12. ADJOURNMENT: M/Herrera announced that the Month of April is Alcohol Awareness Month. There being no further business to conduct, M/Herrera adjourned the meeting at 10:03 p.m. INTEROFFICE MEMORANDUM CITY OF DIAMOND BAR TO: Fellow Council Members FROM: Mayor Carol Herrera SUBJECT: Appointments to Sheriffs Community Advisory Committee DATE: April 21, 1998 After a lengthy process involving 13 applications, I am happy to announce the final candidates. I believe the selection process was a fair one where input was received from all Council on the 13 applicants. I reviewed all of the input and selected 4 finalists. They were interviewed, and I have selected the final 2 applicants. They are enthusiastic and eager to work with the community and the Sheriffs Department to create better relationships. I know that these 2 individuals will have a positive impact on our community_ I am pleased to present: Ms. Mary Matson and Mr. Ed Hain, for your approval. Their applications and the Sheriffs Department Mission Statement are attached. nbw attachments cc: City Manager :00 (approx 2 hours) Walnut Sheriff's Station LOS ANGELFJ COUNTY SHERIFFS DEPART UM WALNUTI%4N DIMAS STATTONS 21695 EAST VALLEYBOULE'irlRD WAI•NUT CA 91789 (818) 913-1715 (909) S915-2264 C0A0IUA77YADVISORY COAU4777EE MISSION STATl:WNT To act as a liaison to the Wa&WlSan Dimas Sheriffs Stations, through personal contact h the communities we serve in determiniwit ng the focus for law enforicement' direction To advise the Station Commander on ,natters relating to the public perception of law enforcement issues. To enlist community interest in, and support for our station's law enforcement activities, To represent the views of the citizens wee serve relating to law enforcement plans, programs and future needs commuTo assist nity staff j` members in understanding program which are uniquely suited to our unity s need To establish community partnerships through both public and private networking and assisting in the education of the community to the needs and goals of law enforcement. THE COAfAffr .E WILL NOT HAVE THE AUTHORITY To dictate station or depxwonentai po&, To set goals, To intervene in any deputy involved situations or evaluate any deportment personnel peramance I CITY OF DIAMOND BAR APPLICATION FOR CITIZEN SERVICE COMPLETE AND SUBMIT TO CITY CLERIC'S OFFICE ommissieN/COMKITTEE DESIRED: qi 00 (approx 2 hour;) Walnut Sheriff's Station LOIS ANGELES COUNTY SHERIFFS DEPARTMENT WALNVTI%W DIMAS STATIONS 2105 EAST VALLEYBOULE'VARD WALAVT CA 917M (818) 913-1715 MR) S95 -22M COMMAW YADVISORY COMMM . MISSIONSTATEAMAT To act as a liaison to the Wabwt/San Dimas Sheriffs Stations, through per contact with the commurnmes we serve in determining the focus for law enforcement's direction To advise the Station Commander on matters relating to the public perception of law enforcement issues. To enlist community Interest u; and ,Upport for our station's law enforcement activities To represent the views of the citizens we serve relating to law enforcement plans, program and future needs To assist station staff' members in understanding programs which are uniquely suited to our community's needs To establish community partnerahi th"Wh both public and private networking and assisting in the education of the community to the needs and goals of law enforremem THE COAfIKI7M WILL NOT HAVE THE AU7WOR17Y To dictate station or dial policy. To set goals To intervene in any deputy involved situations or evaluate any department personnel performance N CITY OF DIAMOND BAR APPLICATION FOR CITIZEN SERVICE COMPLETE AND SUBMIT TO CITY CLERX'S OFFICE COMMI-SS!eNf COMMITTEE DESIRED: NAME: ADDRESS: Ji/7 CLm✓vs ,2,:F,< 7- l�.2ide= /�� �• 64 HOME PHONE: 90-960-3B3'6 BUSINESS PHONE: OCCUPATION: 10---g4L E.STA?c EDUCATION: (List highest year completed and all degrees) lB S1 '4 Are there any evenings you could not meet? Yes X No If so, please list: Why are you interested in this position? �;1,,,,,,o ;� ; GAsaft-!? Post 71 kl E .QcZ.47la s 097n lf�) TNS n�n4--J%aLZC AAAA TNc` &.16,4 L a47-i.✓l-VllJ� L Oia TNF rl/ate.- IV 0412540 0611 A +� l�L.a.� �''�J/i/ /_inn Dft/��111,.15 C.4,✓y r= �'2,m ' �}ssi T �aCJ �- �-✓ l�riaQ 4k✓�� r✓ r C n'Jc�.✓i r�i�� Glx./Ct EX/.Ir'CT �!�/r7 El1C/j GaT/iC � — What do you consider to be,your major qualifications? REFERENCES: 1. TAtiL dMo< 2. 5 7-1,4,J 3. =2 Please attach a written statement containing any additional information you feel would be helpful to the City Council. My background includes 10 years as a public relations practitioner at a senior level for a major international bank. The major portion of this work involved community relations, crisis communications, as well as media and government relations both in the United States and in Asia. This included experience working with Asian cultures from India to Guam and from China to Australasia. Having also served a portion of this time in southern California, I am conversant with local issues as well. I also lived, for 12 years, in Japan, which is an excellent model for good neighborhood relations between the police and the public. I believe that my work history and personal history overlays perfectly with the duties of the Sheriff s Community Advisory Committee. This coupled with a graduate education and subsequent experience in marketing make me an ideal candidate for a position on the committee. January 19, 1998 Mayor Carol Herrera City of Diamond Bar 21680 E. Copley Dr. Diamond Bar, CA 91765 Re: Advisory Board Los Angeles County Sheriffs Department Dear Mayor Herrera: I am applying for the vacant position on the Advisory Board for the Los Angeles County Sheriffs Department. I have lived in the City of Diamond Bar from 1977-80 and 1989 to present. I am interested in the community in which I live. I believe in volunteering for the community to help make it a better place to live. I feel that I have the time and enegery to be a good devoted board member. Law Enforcement has always been my phoity. I am a retired Police Officer, and have two children in law enforcement. I have the personal endorsement of Commander Larry Waldie, ex Capt. of Walnut Station for this position. I have worked closely with Sgt. Scheer and other Sheriffs Personnel. I am respected by all those people that I have worked with and get along with everyone. I am presently a nine year volunteer with the Walnut Sheriffs Dept. I have served in this capacity in marry various capacities, working on such programs as the Booster Club Golf Tournament, DARE Golf Tournament, Kid Print, Roll Player (Patrol School, Academy, Laser Village) Sheriffs Benefit Dinners, F.A.I. R. Program, SRA Picnic, just to name a few of the things I do as a volunteer. I volunteer whenever or wherever I am needed. I am past president and active member of the Women's Chib. Past member and counselor of Project Sister. I feel that I could be a valued member of the Board and would like the opportunity to serve my community. Thank you for your consideration and time. Sincerely fMaryMat 1310 So. Diamond Bar Bl. Apt A Diamond Bar, CA 91765-5450 (909) 396-0518 PETITION FOR RESIDENTIAL AND VISITOR USE OF STREETS SURROUNDING DIAMOND BAR HIGH SCHOOL�Cwe��c�,�m._(�(Yl ���� 1 bA\AG, SOLUTION: PASSES ISSUED BY CITY HALL FOR RESIDENTIAL AND VISITOR USE. SIGNATURE ON THIS PETITION IS TO LET THE CITY COUNCIL AND PARKING COMMITTEE KNOW WE WANT ACTION TAKEN TO HELP RESOLVE OUR RESTRICTED PARKING SITUATION NAME ADDRESS .v\/l h`" T)IG\ LS`1 � I��lt �Gt P` 1 mac: o \ V-w� �bo 4'L-- . 77'(, W n c� m O n N m O C) m r n m — V M o' rt CO = n 5t00m o m O CO m o a ca 3 m m �rn _m m m a a CD m m m CD m 3 CD s 2 CD o a ° m CD o U co O N C/)o v co v - D �= 0 fA rn 4A pfit CA z ZzC CD 0 S S 0o $ c o1TD d� N N ' A 0 0 0 400. N O Vo O -4 �p N co R ^ r IV O O Cl O O VI Co O OD CA O N O O tll O O (D O O cn O CT O tT O O co O O Cil O O C> / /) lJJ 0 0 Cl,o 0 0 C. 0 0 0 0 0 0 0 0 0 0 0 0 0 a„ o S y oTEEN= � Ln o C L w 44 o rip o S o $ o S o 0 o S S CA o o $ o o a o o o S o o 0 0 o m �TT m rA N CA CD.0 0 5 o 0 o S c o S S a S S S S S S .......... m m 44 _ O Z O O O O O V/ O S O O O n H iA C7/ O 0 O c. J 0 0 = z 0 r c m fn a 0 z 0 T n 0 K 0 ipn 2 m z T 0 m z z T 0 u 0 Cf) m 0 0 D 0 z 0 D 0 0 0 r n m n 0 -D 0 m m z cn 0 0 --i DIAMOND BAR SCHOOLS STARTING & DISMISSAL TIMES 4/17/98 SCHOOL SCHOOL START TIME DISIVHSSAL DISTRICT WALNUT VALLEY DIAMOND BAR 7:25 a.m. 2:25 p.m. WVUSD HIGH SCHOOL WALNUT VALLEY CHAPARRAL 7:45 a.m. 1:56 p.m. WVUSD MIDDLE SCHOOL POMONA LORBEER M 8:55 a.m. 2:15 p.m. PUSD MIDDLE SCHOOL T -F 7:55 a.m. 2:15 p.m. WALNUT VALLEY SOUTH POINTE 8:00 a.m. 2:15 p.m. WVUSD MIDDLE SCHOOL POMONA ARMSTRONG K-3 8:30 a.m. 2:25 p.m. PUSD ELEMENTARY SCHOOL 4-6 8:30 a.m. 2:55 p.m. WALNUT VALLEY CASTLE ROCK 9:00 a.m. 3:15 p.m. WVUSD ELEMENTARY SCHOOL POMONA DIAMOND POINT K 8:20 a.m. 11:40 a.m. PUSD ELEMENTARY SCHOOL K 11:45 a.m. 3:05 p.m. 1-3 8:20 a.m. 2:25 p.m. 4-6 8:20 a.m. 2:55 p.m. WALNUT VALLEY EVERGREEN 8:50 a.m. 3:05 p.m. WVUSD ELEMENTARY SCHOOL POMONA GOLDEN SPRINGS K 8:00 a.m. 11:25 a.m. PUSD ELEMENTARY SCHOOL K 11:30 a.m. 2:50 p.m. W 10:00 a.m.-1:20 p.m. 1-3 8:20 a.m. 2:25 p.m. W 1:25 p.m. 4-6 8:20 a.m. 2:55 p.m. W 1:25 p.m. WALNUT VALLEY MAPLE HILL 8:00 a.m. 2:30 p.m. WVUSD ELEMENTARY SCHOOL WALNUT VALLEY QUAIL SUMMIT 8:20 a.m. 2:45 p.m. T-1:45 p.m. WVUSD ELEMENTARY SCHOOL WALNUT VALLEY WALNUT K 8:00 a.m. 11:20 a.m. WVUSD ELEMENTARY SCHOOL K 11:20 a.m. 2:40 p.m. W 10:05 a.m.-1:25 p.m. 1-6 8:15 a.m. 2:40 p.m. W 1:20 p.m. C:\WP60U,n,TDAKAY\MEMO-98%CHOOLnME.417 ORDINANCE NO. 2003 AN ORDINANCE OF THE CITY COUNCIL OC THE C1'lY ' OF WEST COVINA REOARDR IG JUVENILE TRAFFIC i SAFETY AND DECLARING THF, URGENCY THEREOF The City Council of West Covina does ordain as follows: i Section 1. T indin s i i 1. The City Council finds that children arc endangered and a safety h,Azard his been created w-iihin the City when parents and others load of unload juvenile students across the street from school sins in areas without a crosswalk or traffic signal and students then cross the itieet through traffic. 2. Parents blame the School District and the City if a child is injured. 3. An urgency ordinance is necessary. Section 2. Section 22-199 is added to the West Covina Municipal Code to read as follows: i 22-199 -Loading and Unloading of Juvenile Passengers - (a) No operator of a motor vehicle shall stop or park to load or unload juvenile passengers where such loading or unloading is ip a location which would cause the juvenile to cross the strect unattended without a crosswalk or signal; (i) where there is no crosswalk or signal within 100 feet; (ii) w•he,e such loading or unloading is prohibited by signage; (iii) in an intersection, private driveway, or traffic lane; (iv) is a manner that plates passengers in a hazardous situation, including but not limited to beckoning juvenile to cross the street in violation of this section. (b) Notwithstanding, subsection (a) shall not apply when the operator is directed to stop or park and passengers to unload at the directiori of a peace officer. (c) As used herein, "juvenile" means children twelve (12) years of age or younger. Section 3. Sections 1-37.1 and 1-37.2 hereby are amended to add a section which is an inftitction for which a citation may be written. i ection 4. Effective Date. This ordinance shall be effective imrncdiately fob the preservation of public saftty. PASSED, APPROVED AND ADOPTED this 23rd day of September ,1997. MAY00 i A ST: _ E•� is - - "��'' - r - f i �• r �a i I hereby certify that the foregoing Ordinance was duly adopted by the City Council of the City of West Covina at a regular meeting thereof held on the ljday of 1997b the following.vote , ote of'the Council: y ' AYES: Herfert, Howard, 7ouhey, ?lelendei NOES: hone ABSENT: Wong — ':'"•�'' + i CITY CLERK-:.-,. i APPROVED AS TO FORM: AfTTORN�EY�� DIAMOND BAR SCHOOLS SAFETY STUDY VIDEO TAPES SCHOOL DISTRICT SCHOOL VIDEO TAPE DATE NUMBER WALNUT VALLEY :DIAMOND BAR 1 APRIL - JUNE 1997 WVUSD HIGHSCHOOL 5 T&T DEMO WALNUT VALLEY CHAPARRAL 2 APRIL - JUNE 1997 WVUSD MIDDLE SCHOOL 5 T&T DEMO POMONA LORBEER 4 APRIL - JUNE 1997 PUSD MIDDLE SCHOOL 5 T&T DEMO WALNUT VALLEY SOUTH POINTE 4 APRIL - JUNE 1997 WVUSD MIDDLE SCHOOL 5 T&T DEMO POMONA ARMSTRONG 3 APRIL - JUNE 1997 PUSD ELEMENTARY SCHOOL 7 T&T DEMO WALNUT VALLEY CASTLE ROCK 3 APRIL - JUNE 1997 WVUSD ELEMENTARY SCHOOL 7 T&T DEMO POMONA DIAMOND POINT 1 APRIL - JUNE 1997 PUSD ELEMENTARY SCHOOL 6 T&T DEMO WALNUT VALLEY EVERGREEN 4 APRIL - JUNE 1997 WVUSD ELEMENTARY SCHOOL 7 T&T DEMO POMONA GOLDEN SPRINGS 2 APRIL - JUNE 1997 PUSD ELEMENTARY SCHOOL 6 T&T DEMO WALNUT VALLEY MAPLE HILL 3 APRIL - JUNE 1997 WVUSD ELEMENTARY SCHOOL 6 T&T DEMO WALNUT VALLEY QUAIL SUNMT 1 APRIL - JUNE 1997 WVUSD ELEMENTARY SCHOOL 7 T&T DEMO WALNUT VALLEY WALNUT 2 APRIL - JUNE 1997 WVUSD ELEMENTARY SCHOOL 6 T&T DEMO WVUSD & PUSD ALL SCHOOLS 8 PRESENTED 4/7/98 AT CITY COUNCIL, 7:29 MIN. WVUSD & PUSD ALL SCHOOLS 9 25 MIN., NO SOUND C:\WP60\LINDAKAY\MEMO-98\SCHOOLVIDEO.420 COUNTY OF LOS ANGELES SHERIFF'S DEPARTMENT DATE: April 14, 1998 OFFICE CORRESPONDENCE FROM: RICHARD J. MARTINEZ, CAPTAIN : TERRENCE L. BELANGER WALNUT REGIONAL STATION DIAMOND BAR CITY MANAGER SUBJECT: Diamond Bar High School Traffic Citations This is in response to Councilmember Ansari's request at the April 7, 1998 City Council meeting. There were 289 parking citations issued on the streets around Diamond Bar High School in 1997. The primary violation was overtime parking. Pathfinder Rd. 93 Brea Canyon Rd. 56 Evergreen Springs Dr. 89 Birch Hill Dr. 41 Lost River Dr. 3 Fern Hollow Dr. 7 There were 222 moving violation citations issued around Diamond Bar High School in 1997. The primary violations were excessive speed and illegal left/U-Turns. Pathfinder Rd. 98 Brea Canyon Rd. 39 Evergreen Springs Dr. 85 :7 RJM/DES/MSA April 7, 1998 Mayor Carol Herrera and Councilmembers City of Diamond Bar 21660 Copley Drive Diamond Bar, CA 91765 Honorable Mayor and Councilmembers: 1-9 W I am unable to attend to tonight❑s meeting and hereby resort to this letter as a means by which I may offer comment on the School/Traffic study relative to Chaparral Middle School. My family and I live across the street from Chaparral Middle School. I offer these comments as an affected resident, frustrated traveler on the local roads and observer of the traffic congestion that impacts our neighborhood twice daily throughout the school year. The school Os efforts to shift the drop-off/pick-up from their parking lot to an on -street operation has not reduced the extent of problems in the neighborhood. How could such a statement even be made? When drop-off and pick-up were conducted on-site traffic lined up on the street waiting to enter the parking lot resulting in street congestion. Now the cars line up on the street to drop-off the students and still create congestion; but also increase the frequency of street crossings by the kids. Obviously, the impact and hazard has been shifted from the school to the City. Every morning and afternoon parents drop-off or pick-up their students by parking at the curb or mid -street. When they are performing these activities on the street they are double-parking to the extent that an emergency vehicle could not access this neighborhood if it had to. In addition, parents block the local driveways and kids litter the lawns with their potato chips bags and candy wrappers. When teacher❑s are outside directing traffic they invariably stop the street traffic which has the right-of-way in favor of emptying the parking lot of its traffic. While this may satisfy the teachers it is frustrating to local residents; and violates the street right-of-way provisions. Why remove the speed bumps in the school❑s parking lot? It wonOt do any good in terms of enhancing traffic now. If the school wants to remove them let it pay for this unnecessary cost themselves. No mention is made of the Ono U-turn❑ signs installed a few years ago. Has it ever been enforced? My observation is that it has not. It is also my observation that they dont prevent U-turns. My recommendation is that they be removed. I also request that if the City is going to pay toward any traffic enhancement it pay for the teachers who are enforcing the City❑s traffic laws on City streets to be educated by our Sheriff❑s Department or equivalent so they are able to recognize which vehicles have the right-of-way; and which vehicles must yield. If teachers are not properly trained for this function, then the City should not allow them to be in the street controlling the traffic flow and risking the kids safety. The School should also take responsibility for the traffic problems it creates and periodically send home reminders to the parents that double parking, blocking driveways and littering the neighborhood should be avoided. The City should encourage the School to consider staggering its start time and end time so that drop-off and pick-up can be accomplished with less congestion thus allowing for an emergency vehicle to access the neighborhood, if necessary. Finally, there is one annual event that results in mega -congestion, and that is the annual congestigraduation ceremony. Parents attending with their students drive to the site in their vehicles (or limousines). There are simply not enough parking spaces both in the parking lot and on the street to go around. As a result, the neighborhood becomes totally frozen. Perhaps the School District can use the their busses and provide a shuttle bus arrangement using other school facilities as parking lot staging areas. Thank you for your consideration. Gary H. Werner 22861 Ironbark Drive Diamond Bar, CA 91765 "CHILD PASSENGER SAFETY WEEK" APRIL 26 - MAY 2, 1998 WHEREAS, the number one preventable cause of death and injury of children and young adults is the automobile collision; and WHEREAS, approximately 200 children under sixteen are killed and over 28, 000 injured in automobile collisions each year in California; and WHEREAS, up to 71% of these children would be alive today if they had been properly restrained in crash -tested car safety seats or sc{fety belts; and WHEREAS, only about 60% of children in this age group are protected by proper restraint use; and WHEREAS, the State of California has ruled that until children are both four years of age and forty pounds or more, they must be restrained in child sgfety seats and that all other motor vehicle occupants must use safety belts, and WHEREAS, the goal of SafetyBeltSafe U.S.A. is to further the right of every child to protection from injury or death while being transported in a motor vehicle. NOW, THEREFORE, the City Council of the City of Diamond Bar hereby proclaims April 26 to May 2, 1998 as "CHILD PASSENGER SAFETY WEEK. " DATE. April 21, 1998 MAYOR ATTEST: LYNDA BURGESS, City Clerk SafetyBeltSafe U.S.A. BOARD OF DIRECT ORS 1124 West Carson Street, REI, Building B4, Torrance, CA 90502 Il lam Housman SakfvS a,C sw Post Office Box 553 • Altadena, CA 91003 VICE PRESaDF.NT/MEMBE.RSlHI' 3111/222-6860 • 800/745 -SAFE • 8(10/747-SANO • FAX 3111/222-6862 Alicia Hair -7233 J SECRETARY Heidi Heflin, RN, hIN MEMBERS-Ar-r.ARGI: March 28, 1998 .7 California c. "'`rry Win'" 'Loxia Chciuk Honorable Carol Herrera Pam Davis Mayor, Diamond Bar loan Hugj %o n .loan Jackson 21660 E. Copley Dr. #100 1 TruiseNichols Diamond Bar CA 91765 i Karen Proctor, CPNP Glen Spearman Becky'rhams Florida: Susan Hulcher Dear Mayor Herrera, Minnesota: Julie K. Prom North Dakota: Carol Holzer Washington:KathrynKruger You can help save child rom suffering tragic injuries by making Wisconsin- ElaineKizxwvski Child Passenger Safety Week, April 26 to May 2, a major event in your ADVISORY BOARD city_ SafetyBeltSafe U.S.A. is holding a special event to kick off the Sherman Blodk,ShtmIT Week- Safety Seat Checkup Day on Sunday, April 26, from 10:00 a.m. County Chars Angelos Seg�rur Charles, M]), aA:'1P, PA to 2:00 p•. g mat Los Angeles Zoo South Parking Lot. Founder Physicians for Automotive Safety Donna Bryce On April 26, families who want to participate in the Safety Seat Edge'releservices Checkup will drive to a designated area where trained volunteers will Emie Garcia sergeant, Southern Division conduct a detailed inspection of their safety seats and the way they are California Highway Patrol Davidnorowitz, being used. Parents will be told if the safety seats have been recalled Fiat sack' Produakms or need replacement parts and shown how to use them correctly. Charles A. Hurley National Safety Council Ray Johnson,riminautustice exan Safet BeltSafe U.S.A. is available to you as a resource for posters, CJtiice of'Criminal Justice Planning y Ellen R. Knell, PhD pamphlets, films, speakers, program ideas, and information about Harvey Ci. Knell NancyLiebermmn-Cline California buckle -up laws. Lisa lrwhurst Corporate Relations Manager Mitsubishi Motors Here are some suggestions for promoting child passenger safety in Robert K. Merton, Ph1) Columbia University your community. Michael J. Puntorieno, Painter Arthur Andersen &Co. . Issue a proclamation for Child Passenger Safety Week (sample Teresa Samaniego Public Affairs Director,KABC-n enclosed)_ Send your proclamation to us in advance for display at Arthur en Southam, ""' Safety Seat Checkup Day on April 26. President and Chief lixcxutive CJYiicxr Health Na Joseph P. Troy • Encourage local enforcement agencies to increase the percentage Troy &Gould of citations issued for violations of child safety seat and safety belt John D. Uphold, VD, FACED Beverly Emergency Medical Group laws during Special Enforcement Week (April 19 to April 25). Robert S. Vinetz, MD, FAAP Friendly lfillsHealthcare Network , Distribute posters and pamphlets, available from SafetyBeltSafe Prank W. Wylie, AYR, ProfessorEmerihu Calif<rniaState University, Long Beach U.S.A., through city agencies and employees. Put up our permanent "Buckle Up" parking lot signs. STAFF Stephanie PvL Tombrel Io, ►.CSW Please share your plans for Child Passenger Safety Week with us. Evactrtive Director Cheryl A- Kim aconsultant n rely �;Seb _ Technical Consultant Maria M. Vargas Program C:ow ul ant Stephani M. Tombrello, L.C.S.W. Execu a Director Safe tyB le I tSafe U.S.A. Safety Seat Checkup Day Sunday, April 26 • 10:00 a.m. to 2:00 p.m. _ Los Angeles Zoo South Parking Lot 11:30 a.m. Kickoff of Child Passenger Safety Week & Recognition of Notable Guests Buckling up is a family affair Child Passenger Safety Week April 26 -May 2 Corporate Sponsors Chrysler Corporation Toyota Motor Sales, U.S.A. Major Supporters Burbank Parent Education Council Los Angeles Zoo _ Peace Officers Association of Los Angeles County FREE SAFETY SEAT CHECKUP (90% had mistakes last year!) Meet Bucklebear and his friends. Silent Auction of special items for families. Helo save children's lives with your tax-deductible support. SafetyBeltSafe U.S.A. 9 Box 553 • Altadena, CA 91003 • (800)745 -SAFE SafetyBeltSafe U.S.A. is the national, non-profit, member -supported organization for child passenger safety. SafetyBeltSafe U.S.A. El dia de revision de sillas de seguridad domingo, 26 de abril • 10:00 a.m. a 2:00 p.m. EN EL ESTACIONAMIENTO SUR DEL ZOOLOGICO DE LOS ANGELES 11:30 a.m. Comienzo de la semana de "seguridad del pasajero menor" y "reconocimiento de invitados de honor" aseguranaose es un asunw ue id mnmia La semana de "La seguridad del pasajero menor" 26 de abril a 2 de mayo, 1998 Companias Patrocinadoras Chrysler Corporation Toyota Motor Sales, U.S.A. Apoyadores Principales Burbank Parent Education Council Los Angeles Zoo Peace Officers Association of Los Angeles County INSPECCION GRATIS DE SILLAS DE SEGURIDAD (;EL ANO PASADO, 90% DE LAS SILLAS DE SEGURIDAD INSPECCIONADAS, MOSTRARON MAL USO!) Conozca al oso "Bucklebear" y a sus amiguitos."Subasta Silenciosa" de objetos especiales para la familia. Ayude a salvar la vida de niiios, por medio de su donacion, la cual puede ser deducible de sus impuestos. SafetyBeltSafe U.S.A. • Box 553 • Altadena, CA 91003 • (800)747-SANO SafetyBeltSafe U.S.A. es una organizacion nacional, no lucrativa, dedicada a la seguridad de los pasajeros menores, sostenida por sus miembros. S'afeiyBelff afe U. S.A. 1124 West Carson St., REI, Building B-4, Torrance, CA 90502 Post Office Boa 553 ♦ Altadena, CA 91003 (310)222-6860 (800)745 -SAFE ♦ FAX (310)222-6862 RESOURCES FOR YOUR PROGRAMS BROCHURES IN COLOR: May be ordered in quantity for distribution by your group. ** Donation: 15¢ each, plus shipping and handling. Single copies free. 1. "Protect Your Baby Now ... And Later." Shows the pregnant woman why she should wear her safety belt for her baby's sake. Explains how to select and properly use safety seats for newborns. English and Spanish available. 2. "The Perfect Gift." Describes how to choose and use car safety seats correctly, including a list of current models available. English & Spanish available. 21st edition (revised 1997). 3. "Safety Belt Roulette." Humorous drawings; quiz on passenger safety myths. 4th grade through adult. MULTI-LINGUAL BROCHURES: "Keep Your Children Safe Buckle Them Un!" Low reading level, basic informational brochures in English, Spanish, Chinese, Vietnamese, Cambodian, Japanese, Korean, Russian, Hmong, Laotian, Armenian, Farsi, and Samoan. Additional languages under development. ** Donation: 10¢ each, plus shipping and handling. Single copies free. To receive a Shopping Guide List of Safety Seats in English and Spanish to insert in each brochure, add 5¢ each. CHILD PASSENGER REFERENCE MANUAL Reference and Teaching Guide, which is used in the eight-hour SafetyBeltSafe Educator Workshop, contains curricula for health professionals, statistics, information on laws and regulations, sample speech outlines, resource lists, sample program materials, and up-to- date technical information. Also includes companion guides to safety seat distribution program development, special needs transport, and early childhood programs. AND Comprehensive Guide to Car Safety Seats has a simple, one-page description in words and pictures for each safety seat model made since 1981. A separate pictorial guide is provided to help practitioners identify uncommon and older safety seats. ** Donation: $50.00, plus $7.50 postage and handling. Updated at least annually. ** Supplemental Color Pictorial of Safety Seats -- additional donation of $30.00 plus $5.00 postage and handling. PASSENGER SAFETY TO YOUNG CHILDREN (Bucklebear) by Dillman, Leonard, and Chang (4th Edition) -- This guide presents a comprehensive program for teaching passenger safety to nursery school age children (3 to 5 years) -- and to their parents. The program was developed at UCLA with an innovative grant from NHTSA. Restraint use doubled at schools participating in the pilot program, and the curriculum was enthusiastically received by children, parents, teachers, and administrators. Described activities can be easily adapted to existing materials. The Guide can also be used with the material in the commercially available "Riding with Bucklebear" materials from Weiner/Seaman Productions. ** Donation: $9.00 in binder; $7.00 loose pages; $3.00 postage and handling. ORDER FORM ON OTHER SIDE. F_ AMOUNT OF SUGGESTED DONATION SUBJECT TO CHANGE. #101-D (1/98) black GET IT TOGETHER <-1 ..0 A.EI►SE BU= a uv BLUE AND BLACK ON WHITE REFLECTORIZED ALUMMUM SICENS Suggested donation: clue $18* or $25* or $40*, K shipping and handling ($7.50 each). 12" x 12" 24" x 24" $18 (donation) $25 SAFETY <--,black BELT LAW ENFORCED 24" x 24" 36" x 36" $25 (donation) $40 Hardware and posts available for additional donation. *Current SafetyBeltSafe U.S.A. members may reduce donation by 10%. BUMPER STICKERS: Love Your Kids? Buckle 'Em Up! "Donation: $1.00/bumper sticker LICENSE PLATE FRAMES: Reflective message: "THINK SAFETY. BUCKLE UP." Also in Spanish. "SEA PRECAVIDO. ABROCHESE EL CINTURON." ** Donation: $3.00 each In lots of 50: $75.00; $4.00 postage and handling ($8.00 east of Mississippi) MUGS -- "SafetyBeltSafe U.S.A. for Children and Adults" OR "Buckle Up ... Somebody needs you!" ** Donation: $5.00 each, plus $3 shipping STRAPETS -- 10 -inch -long cuddly, washable bunny with velcro closure. ** Donation: $10.00 each, plus $3.00 shipping TRAVEL PILLOW -- covered foam attaches to shoulder belt with velcro for comfort when dozing in shoulder/lap belt. ** Donation: $15 each, plus $4 postage and handling Name Address Telephone (h) _ Visa/Mastercard # Signature Quantity ORDER FORM MAIL TO: SafetyBeltSafe U.S.A., Box 553, Altadena, CA 91003 Item Please help us save Organization City/State/Zip Telephone (w) Expiration Date Donation Shippine ioinine SafetvBeltSafe U.S Total ❑ $500 Major Corporation ❑ $100 Contributing ❑ $5,000 Benefactor ❑ $200 Hospital ❑ $2,500 Patron ❑ $100 Small Business/ Prof. Group ❑ $ 40 Supporting ❑ $1,000 Sustaining ❑ $ 40 Community Organization U $ 25 Basic ❑ $ Other SafetyBeltSafe U.S.A. is a 501(c)(3) non-profit corporation; all contributions are tax deductible. Federal I.D. #95-3676040 #101-D (1/98) MEMBERS -AT -LARGE California: Merry Banks Zosia Chciuk Pam Davis Joan Hksonn PROCLAMATION Joan Jackson Louise Nichols Karan Proctor, CPNP Glen Spearman Becky Tharns WHEREAS, the number one preventable cause of death and injury of children Florida: Susan Hulcher and young adults is the automobile collision; and Minnesota: Julie K. Prom North Dakota: Carol Holzer Washington: Kathryn Kruger Wisconsin: Elaine Kizewski WHEREAS, approximately 200 children under sixteen are killed and over S'afetyBeltS'afe U.S.A. BOARD OF DIRECTORS 1124 West Carson Street, REI, Building B-4, Torrance, CA 90502 PRESIDENT Post Office Box 553 - Altadena, CA 91003 Elaine Housman Sachs, properly restrained in crash -tested car safety seats or safety belts; and VICE PRESIDENT/MEMBBERER SHIP 310/222-6860 . 800/745 -SAFE - 800/747-SANO - FAX 310/222-6862 Alicia Hair SECRETARY WHEREAS, infants and young children are not capable of initiating action to Heidi Heflin, RN, MN use proper restraints and are not protected adequately by automatic belts or MEMBERS -AT -LARGE California: Merry Banks Zosia Chciuk Pam Davis Joan Hksonn PROCLAMATION Joan Jackson Louise Nichols Karan Proctor, CPNP Glen Spearman Becky Tharns WHEREAS, the number one preventable cause of death and injury of children Florida: Susan Hulcher and young adults is the automobile collision; and Minnesota: Julie K. Prom North Dakota: Carol Holzer Washington: Kathryn Kruger Wisconsin: Elaine Kizewski WHEREAS, approximately 200 children under sixteen are killed and over STAFF THAT APRIL 26 TO MAY 2, 1998 BE DECLARED Stephanie M. Tombrello, LCSW Executive Director CHILD PASSENGER SAFETY WEEK. Cheryl A. Kim Senior Program Consultant #130.procl (3/98) Deborah D. Stewart Technical Consultant Maria M. Vargas Program Consultant 28,000 injured in automobile collisions each year in California; and ADVISORY BOARD sny Block sheriff Cou Countty of Los Angeles WHEREASto 71 % of these children be alive today if the had been , u p ren would y y Seymour Charles, MD, FAAP, PA properly restrained in crash -tested car safety seats or safety belts; and Founder Physicians for Automotive Safety EdgeTryce Eeleservices Edge T WHEREAS, infants and young children are not capable of initiating action to Ernie Garcia use proper restraints and are not protected adequately by automatic belts or Sergeant, Southern Division California Highway Patrol air bags; and David Horowitz Fight Bads! Productions Charles A. Hurley WHEREAS, only about 60% of children in this age group are protected by National Safety Council Ray Johnson, Executive Director proper restraint use; and Office of Criminal Justice Planning Ellen R. Knell, PhD Harvey G. Knell WHEREAS, crash -tested safety seats are moderately priced and widely Nancy Lieberman -Cline Lisa Lowhurrst available for purchase at retail stores and for rent or at low cost from car safety Corporate Relations Manager seat loan programs throughout California; and Mitsubishi Motors Robert K. Merton, PhD MichaelColumbiaPuniversity Michael J. Phmtoriero, Partner o, WHEREAS, the State of California has ruled that until children are both four Arthur Andersen & Co. years of age and forty pounds or more, they must be restrained in child safety Teresa Samaniego Public Affairs Director, KABC-TV seats and that all other motor vehicle occupants must use safety belts; and Arthur M. Southam MD President and Chief Executive Officer Health Net WHEREAS, the goal of SafetyBeltSafe U.S.A. is to further the right of every Jh F. Troy Troy&Gould child to protection from injury or death while being transported in a motor John D. Uphold, MD, FACEP vehicle: Beverly Emergency Medical Group Robert S. Vinetz, MD, FAAP Friendly Hills Healthcare Network Frank W. Wylie, APR, Professor Emeritus NOW BE IT PROCLAIMED BY THE CITY OF California State University, Long Beach STAFF THAT APRIL 26 TO MAY 2, 1998 BE DECLARED Stephanie M. Tombrello, LCSW Executive Director CHILD PASSENGER SAFETY WEEK. Cheryl A. Kim Senior Program Consultant #130.procl (3/98) Deborah D. Stewart Technical Consultant Maria M. Vargas Program Consultant Fact Sheet: Sa"BeltSafe U.S.A. SafetyBeltSafe U.S_A_ is the national non-profit organization dedicated to protecting children from deaths and injuries resulting from riding unrestrained in motor vehicles. Founded in 1980 by fifteen safety advocates in the Los Angeles area, SafetyBeltSafe U.S.A. is nationally recognized for technical expertise and program excellence. Services Provided • Safe Ride Helpline: counseling for parents who need help choosing or correctly installing safety seats. Technical consultation and materials review for professionals. • Training: more than 150 eight-hour SafetyBeltSafe Educator Workshops have been attended by 5500 advocates and professionals since 1980. Approximately 100 participants have attended the advanced, three-day seminar for Child Passenger Safety Specialists. • Consultation and training for car seat distribution programs; program referrals for the public. • Collaboration with representatives of local, state, and national agencies. Presentations at national and state conferences on traffic safety, injury control, and public health. • Public awareness campaigns: press releases, public service announcements, posters. Special activities for annual Child Passenger Safety Week, including Safety Seat Checkup Day. • Publications and technical resources: bimonthly newsletter, brochures, reference guides, and technical updates. • Audiovisual library and speakers' bureau: presentations and exhibits at meetings and community events. Legislative and Regulatory Efforts • Successfully petitioned NHTSA to require shoulder belts in the rear seats of all post -1989 passenger vehicles. • Assisted the California Senate Transportation Committee in writing the 1983 child restraint law. • Discovered a counterfeit, illegally imported car seat in the late 1980s. Worked with the Los Angeles Police Department and City Attorney in the investigation, which led to confiscation of thousands of dangerous products, and the subsequent public awareness campaign. • Currently petitioning the Federal Aviation Administration to protect children under age two by requiring that they be properly restrained on aircraft. Honors and Achievements Executive Director Stephanie M. Tombrello, L.C.S.W., has been involved in the field since the early 1970s and was invited by the National Highway Traffic Safety Administration (NHTSA) to testify on van design in 1979. She attended the signing of a special funding bill for child passenger safety in the White House Rose Garden in 1984. NHTSA awarded Ms. Tombrello the national Award for Public Service in 1983 and selected her as primary consultant for development of a national training program. She serves on the National Blue Ribbon Panel on Safety Seat/Safety Belt Incompatibility. Nationwide Insurance selected SafetyBeltSafe U.S.A. as one of three national winners of the 1996 On Your Side highway safety award, recognizing the "Family Safety in the Car" education program for violators as an exemplary program. Also in 1996, SafetyBeltSafe U.S.A. received the Company Achievement Award from the Society of Consumer Affairs Professionals in Business, Greater Los Angeles Area Chapter. SafetyBeltSafe U.S.A. P. O. Boz 553, Altadena, CA 91003 (800) 745 -SAFE English (800) 747-SANO Spanish #103 (2-7-97) "HIRE -A -VETERAN WEEK" MAY 3-991998 WHEREAS, the people of our city wish to express our gratitude to those men and women who served in the armed forces to preserve our freedom and honor; and WHEREAS, many veterans, particularly the Vietnam -era veterans have suffered great hardship, emotional stress and physical pain, and upon discharge, have experienced difficulty making the readjustment to civilian life;oand ,� WHEREAS, veterans possess special qualities, skills and self-discipline that make them ideal candidates for employment that will accelerate their readjustment; and WHEREAS, each local office of the California Employment Development Department has programs and veterans employment representatives to ensure that veterans receive the services to which they are entitled and to promote employer interest in hiring veterans. NOW, THEREFORE, the City Council of the City of Diamond Bar hereby proclaims May 3-9,1998 as "Hire -A -Veteran Week" and calls on local employers, organized labor, veterans organizations and state and local government to lend their support to this drive. Dated: April 21, 1998 Mayor ATTEST: Lynda Burgess, City Clerk "'11 9 the people of Calif °rnia March 12,1998 Refer To: John Gili, L VER Honorable Ms. 2, 6YGor, City O f 1). Herrera L)'arno ci COple y, Site arrIOnd Bar Ear, fall f 100 or it Honorable Ms. Herrera: The first full week in May is annually observed in California as "Hire A Veteran Week." Although the Employment Development Department (EDD) continually puts forth a concerted effort to assist veterans in obtaining employment, during this particular period, special efforts are made to stress to employers those qualities which make former servicemen and servicewomen good candidates for employment. In keeping with this observance, we ask that you consider issuance of a proclamation declaring May3rd through 9th as "Hire A Veteran Week" in your city. Please feel free to call Mr. John Gili if you have any questions. Attached is a copy of a proclamation issued by your office last year to use as an example. Your cooperation will be greatly appreciated by the veterans in your community. Should you need to contact Mr. Gili, you can reach him by calling 909-392--2682. Sin ely, Sin Ed ards Manager Atch: Copy of Last Year's Proclamation Employment Development Department 160 E. Arrow Hwy Pomona, CA 91767 (909) 392-2698 'rocla "HIRE -A- VETERAN WEA . MAY 6-12, 1996 WHEREAS, the people of our city wish to gratitude to those men and women who served in the to preserve our freedom and honor; and WHEREAS, many veterans, particularly the V veterans who have suffered great hardship, emotional physical pain, and who, upon discharge, have experie. difficulty making the readjustment to civilian life; WHEREAS, veterans possess special qualitl self-discipline that make them ideal candidates for that will accelerate their readjustment; and WHEREAS, each local office of the Cali fo R:K �n Development Department has programs and veterans representatives to ensure that veterans receive th erv' +s'�0 which they are entitled and to promote employer in at, z hiring veterans; and r ,4 2 NOW, THEREFORE, the City Council of the CCi f Diamond Bar hereby proclaims May 6-12, 1996, as 'Hire A -Vele .. Wee*" • and call on local employers, organized labor, veteranig" oradWzaticis, and state and local government to lend their sup h`i drive .- , DATED: April 30, 1996 r<..' I SUGGES I ED LOCAL PROCLAMATION "IIIRE-A-VETERAN WEEK" MAY 3- 9, 1998 • WHEREAS, the people or our community have great appreciation and admiration for the many lucal mere and women tvho served their country in the armcd forces to protect and prresove the freedoms enjoyed by our community and by all Americans; and WHEREAS, some veterans, including Victnam arrd Uescrt Storm veterans, have encountered obstacles in readjusting to civilian life; and WHEREAS, veterans, many of them disabled, represent a significant share of our state's homeless population; and W1IEREAS, vctcrans possess a wide variety of valuable job qualifications and skills, Including experience, maturity, leadership, and loyalty, that make thein ideal candidalet for employment; anti WI IEREAS, Local Veterans Employment Representatives assigned to Enq,luyrnent Development'Department offices are committed to ensuring that vctcrans receive the services ani 1.nu8rauo to which they are entitled, and to promoting employer interest in hiring vctcrans; NOW, THEREFORE, 1, _.Jaatae1, (title) do hereby proclaim May 3-9, 1998, as 1•I1re-3-Veteran Week in _ (city or WynJ4 and urge all local empluyers, organize(! labor, veterans organizations, and other government leaders to.sup11)u11. this worthy campaign to increase employment opportunities for the men and women who have faithfully served vur rndtiun in the military. 041 CITY COUNCIL STUDY SESSION A41 STRATEGIC PLANNING APRIL 7 1998 ;�Cp CITY OF DIAMOND BAR CM/Belanger announced that a Closed Session would be necessary this evening due to potential initiation of litigation by the City. He explained that the Brown Act does not require disclosure of the name of the proposed litigation. Moved by C/Huff, seconded by M/Herrera to place the matter on the agenda for Closed Session discussion. Motion carried 5-0 by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Huff, O'Connor, MPT/Chang, M/Herrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None CALL TO ORDER: Mayor Herrera called the meeting to order at 5:10 p.m., in the South Coast Air Quality Management District Hearing Board Room CC -8, 21865 Copley Drive, Diamond Bar, California. Present: Council Members Ansari, Huff, O'Connor, Mayor Pro Tem Chang and Mayor Herrera. Also present were: Terrence L. Belanger, City Manager; Amanda Susskind, Assistant City Attorney; James DeStefano, Deputy City Manager; Bob Rose, Community Services Director; Kellee Fritzal, Assistant to the City Manager and Lynda Burgess, City Clerk. 2. Strategic Planning. CM/Belanger stated that the #1 City Council goal, of the 24 goals that were identified, is development of a Economic Strategic Plan. Also on the list, although rated somewhat lower, is a Strategic Plan for the Community. He presented an overview of a "Strategic Plan" and the "Strategic Planning Process" and discussed implementation of flow charts for creation of an Economic Strategic Plan developed by the City of Burbank some years ago. He referred the Council to the document entitled. What Is Strategic Planning? Strategic Plans incorporate the following activities: Finance, public safety, economic development, housing, land use and quality of life, etc. In general, a community develops a Strategic Plan by adopting policies that are set forth in its General Plan. In response to C/O'Connor, CM/Belanger explained that a Strategic Plan addresses both short term and long term issues. In response to M/Herrera, CM/Belanger stated that Brea utilizes consulting services in nearly all cases. It does not make sense for Cities to employ staff economists. He believed that Brea employed the well respected firm of Gobar Associates to accomplish the economic analysis. Most cities develop specific strategic plans for individual economic areas. The plan should specifically focus APRIL 7, 1998 Page 2 on what the City wants to achieve in a particular area of the community and how it wants to achieve those strategies. CM/Belanger talked about opportunities and constraints of the community and how the City can maximize positive aspects as a means of attracting investments to the area. He stated that D.B. is strategically located and offers a better geographical opportunity than other successful communities in the immediate vicinity. He pointed out that land decisions made prior to the City's incorporation have contributed to restricted community growth. In response to M/Herrera, CM/Belanger stated that the next step after adoption of City Council Goals, which includes the #1 goal of developing an Economic Development Strategic Plan, is to include a budget item for the 1998/1999 Fiscal Year to retain a consultant/consultants to revisit the City's marketplace. In response to C/O'Connor, CM/Belanger indicated that the 1995 study was conducted to determine the feasibility of a Redevelopment Agency Project Area. He further stated that an analysis will determine the existing demand and the growth potential - what is the possibility of the community's ability to attract the demand to the community? 3. ADJOURNMENT: There being no further business to conduct, Mayor Herrera adjourned the study session at 6:00 p.m. to Closed Session. ATTEST: Mayor LYNDA BURGESS, City Clerk DRAF!" "WATER AWARENESS MONTH" MAY 1997 WHEREAS, water is California's most precious natural resource; and WHEREAS, the drought years of 1987-1993 taught Californians the importance of conserving water for the health and welfare of the state; and WHEREAS, residents, local government, and business have successfully decreased the use of water in California; and WHEREAS, all Californians need to continue to conserve water and to use water wisely; and WHEREAS, during the month of May, the CITY OF DIAMOND BAR joins with the WALNUT VALLEY WATER DISTRICT and the CALIFORNIA WATER AWARENESS CAMPAIGN (composed of various urban and agricultural water agencies, cities, farm bureaus and other organizations) to work to increase understanding of water and to make water conservation a way of life. NOW, THEREFORE, BE IT RESOLVED, that the CITY COUNCIL OF THE CITY OF DIAMOND BAR hereby proclaims May, 1998 as Water Awareness Month and urges all citizens to join in supporting local water organizations in the effort to help Californians "Use Water Wisely -It's a Way of Life." DATE: April 21, 1998 BOARD OF DIRECTORS Richard C. Engdahl President Election Division II Keith K. Gunn Vice President Election Division V Edward N. Layton Vice President Election Division III William G. Wentworth Assistant Treasurer Election Division I Donald L. Nettles Director Election Division IV STAFF: Karen J. Powers General Manager Secretary Bernadette Galindo Treasurer WALNUT VALLEY WATER DISTRICT 271 South Brea Canyon Road • P.O. Box 508 Walnut California 91789-3002 • (909) 595-1268 • (626) 964-6551 FAX (909) 594-9532 March 16, 1998 Mr. Terry Belanger City Manager City of Diamond Bar 21660 East Copley Drive, Suite 100 Diamond Bar, California 91765 RE: Water Awareness Month — May 1998 Dear Mr. Belanger: LEGAL COUNSEL: H. Jess Senecal Enclosed is a sample proclamation in support of Water Awareness Month, May 1998, similar to the one which will be considered by our Board of Directors for adoption at our March 17, 1998 meeting and which we would appreciate your submitting to your Council for endorsement. If the Council responds favorably to this request, please notify us of the date and time of the meeting at which the action will be taken, so that a representative of our District can be present to accept the proclamation. As 1998 marks the 24th anniversary of the Safe Drinking Water Act and our commitment to provide the highest quality water at the lowest cost possible in an environmentally responsible manner, we sincerely appreciate the ongoing support received from the City. To thank you for this support, we would like to extend an invitation to the Council and City staff to be our guest at our District Open House to be held on Thursday, May 14, 1998, at 5:30 P.M. Kindly RSVP to Ms. Jo Ann Angelico of our Community Relations staff on or before May 5, 1998. Very truly yours, WALNUT VALLEY WATER DISTRICT L;�� &Z --- SANDRA OLSON Assistant to the General Manager SO:ew Enclosure SAMPLE WATER AWARENESS MONTH PROCLAMATION WHEREAS, water is California's most precious natural resource, and; WHEREAS, the drought years of 1987 — 1993 taught Californians the importance of conserving water for the health and welfare of the state, and; WHEREAS, residents, local government, and business have successfully decreased the use of water in California, and; WHEREAS, all Californians need to continue to conserve water and to use water wisely, and; WHEREAS, during the month of May, the CITY OF DIAMOND BAR joins with the Walnut Valley Water District and the California Water Awareness Campaign, (composed of various urban and agricultural water agencies, cities, farm bureaus and other organizations,) to work to increase understanding of water and to make water conservation a way of life. NOW, THEREFORE, BE IT RESOLVED, that the CITY OF DIAMOND BAR does hereby proclaim May 1998 as Water Awareness Month and urges all citizens to join in supporting local water organizations in their effort to help Californians "Use Water Wisely -It's a Way of Life." C. My Documentsl'98 MAY WATER AWARENESS MONTHIProclamation '98.doc _��o �Tp c oo$W �����o �� �� ro C a o o _`F m v_ m n rn w r H y C n a a 'p n� N (c S �_ o o n c > n 0 "='� 19-0 ? co g o (o W Z n m c n'_n u!�J,a � G %dNCsN � -> ap0::°°1x�- ac��novm�Gf we o =C –� -`5 m g�OD Z R fop Ctox rco �f o 0 'ID' �� _m �pG? nN Q N^ N c '� C ,-. n c [�•, s N N A Q (�D-V f° p (�D f g O_ 0p� O N f�7 a O fND O Z_ N m � o m �M. G r. �� n� =_ v O� a N ooh cQ �mw r —..� N W m� o d CD Oo N :��� �`� 3 O _ 3_ (p c f) (ND O ^ � m� �o o' m m �' C p' c D _ G C C C 2 N n (D C N (C O 8.(3 fD n G to O 7 rn (p r Oa TTc K� K � � � c � o.a E o -ml� -" = �a Pte' ii C7� 5' cnm =c oc r� �! • 1.��_ °opL tz CD W mc(a"cc'o'� c �!=3cQoc'se r-". 5 = c a��€ (co�2�p�vo��oocon�ao 'coo�n.,-a r��r^Testi, ;?- ��,F:�yCC ^Qar�D �C�'b���TOCiO H `Y 2 � c c �c � a.^�':hr. ¢ � c �Gz� �v .� �v _ m esn m (t �. -0': ,�,.. � OG £ `G "i '•G `Y pID �• C p, G• .+ p; � cC 7 � fD . - � i�+� E. (� C < Lk ^' w_ '•G 5 (� C A� 'e (L( �' ^ O m •o,..,� _, r G a 3 (o„et C!� 04, o-* MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR APRIL 7, 1998 STUDY SESSION: Strategic Planning, 5:00 p.m. Adjourned to Closed Session at 6:00 p.m. CLOSED SESSION: G.C. Section 54956.9, discussion of proposed initiation of litigation by the City. ACA/Susskind announced that direction was given to staff by Council but that no action was taken. 2. CALL TO ORDER: Mayor Herrera called the meeting to order at 6:43 p.m., in the SCAQMD Auditorium, 21865 E. Copley Dr., Diamond Bar, California. PLEDGE OF ALLEGIANCE: Thom Pruitt INVOCATION: Dr. Ted Martinez, Evangelical Free Church of Walnut ROLL CALL: Council Members Ansari, Huff, O'Connor, Mayor Pro Tem Chang, Mayor Herrera Also present were: Terrence L. Belanger, City Manager; Amanda Susskind, Assistant City Attorney; James DeStefano, Deputy City Manager; David Liu, Deputy Public Works Director; Bob Rose, Community Services Director; Communications and Marketing Director Mike Nelson; Linda Magnuson, Assistant Finance Director and Lynda Burgess, City Clerk. APPROVAL OF AGENDA: As presented. 3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 3.1 Presented Certificates of Recognition to Parks Master Plan Subcommittee Members. 3.2 Presented Certificates of Recognition to Sponsors of the "Friends of the Library Wine Tasting Soiree." 3.3 Proclaimed April 19 through April 26, 1998 as "Children of the Holocaust: Their Memories, Our Legacy." 3.4 Proclaimed April 19 through April 25, 1998 as "National Library Week." 3.5 Proclaimed April as "Earthquake Preparedness Month." 3.6 Walnut Sheriff Captain Richard Martinez introduced the new D.B. Team Sergeant, Bill Flannery. 4. PUBLIC COMMENTS: Dr. Lawrence Rhodes spoke in opposition 621 and SB 2102 relating to dog and cat breeding and sales. He encouraged citizens to write to their legislators requesting defeat of these bills. APRIL 7, 1998 PAGE 2 Thom Pruitt, D.B. Pop Warner Football and Cheerleading Organization, thanked City officials and staff for their support of the April 6, 1998 Invitation Golf Tournament fundraiser. He invited City officials to participate in the group's April 24, 1998 chili cook -off which will be held at Kick's Sports Bar at 7:00 p.m. He stated that his organization would be participating in the City's 9th Anniversary Celebration. 5. SCHEDULE OF FUTURE EVENTS: 5.1 OFF-SITE PARKING TASK FORCE - April 8, 1998 - 6:30 p.m., AQMD CC -2, 21865 E. Copley Dr. 5.2 TRAFFIC & TRANSPORTATION COMMISSION - April 9, 1998 -7:00 p.m., AQMD Hearing Board Room, 21865 E. Copley Dr. 5.3 SOLID WASTE TASK FORCE - April 13, 1998 - 6:30 p.m., CC -2, 21865 E. Copley Dr. 5.4 PLANNING COMMISSION - April 14, 1998 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.5 HOUSEHOLD HAZARDOUS WASTE ROUNDUP - Saturday, April 18, 1998 - 9:00 a.m. to 3:00 p.m. Gateway Corporate Center, 1300 Bridge Gate Dr. 5.6 9TH ANNUAL ANNIVERSARY CELEBRATION - Sunday, April 19, 1998 - 12:00 p.m., (Noon) to 5:00 p.m., Peterson Park, 24142 E. Sylvan Glen Dr. 5.7 CITY COUNCIL MEETING - April 21, 1998 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.8 FRIENDS OF LIBRARY WINE TASTING SOIREE - April 26, 1998 - 2:00 p.m. to 5:00 p.m., Shilo Hilltop, 3101 Temple Ave. 6. CONSENT CALENDAR: MPT/Chang moved, C/Ansari seconded, to approve the Consent Calendar, with the exception of Items No. 6.6 and 6.8. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Huff, O'Connor, MPT/Chang, M/Herrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 6.1 APPROVED MINUTES: 6.1 .1 Regular Meeting of March 3, 1998 - As corrected. 6.1.2 Study Session of March 17, 1998 - As corrected. 6.1.3 Regular Meeting of March 17, 1998 - As corrected. 6.1.4 Special Meeting of March 24, 1998 - As submitted. 6.2 RECEIVED AND FILED PARKS & RECREATION COMMISSION MINUTES - Regular Meeting of February 26, 1998. 6.3 APPROVED VOUCHER REGISTER - dated April 7, 1998 in the amount of APRIL 7, 1998 $671,927.86. PAGE 3 6.4 REVIEWED AND APPROVED TREASURER'S REPORT - for February, 1998. 6.5 DENIED CLAIM FOR DAMAGES - Filed by Indradi Agusaputra on March 16, 1998 and referred the matter for further action to Carl Warren & Co., the City's Risk Manager. 6.7 APPROVED CONTRACT AMENDMENT FOR PETERSON PARK IMPROVEMENTS WITH CATHCART/BEGIN ASSOCIATES FOR PROFESSIONAL SERVICES; CONTRACT AMENDMENT FOR D & J ENGINEERING FOR PROFESSIONAL SERVICES - in the amount of $1,300 for reimbursable expenditures for Cathcart/Begin Assoc. and a contract amendment with D & J Engineering for $3,000 for inspection services. 6.9 AUTHORIZED ADDITIONAL TEMPORARY SERVICES WITH TIME OUT PERSONNEL SERVICES - in the amount of $6,000 to be provided by Time Out Personnel Services for secretarial services in the Planning Division. MATTERS WITHDRAWN FROM CONSENT CALENDAR: 6.6 RESOLUTION NO. 98-19: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR THE DIAMOND BAR BOULEVARD STREET REHABILITATION PROJECT FROM PALOMINO DRIVE TO THE NORTHERLY CITY LIMIT AT TEMPLE AVENUE, IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS - C/O'Connor requested information from staff regarding notification to the area businesses to be affected by the project. CM/Belanger stated that notices will be prepared and sent as soon as bids are let. Signage will be located in the area directing the public to the affected businesses. Residents will not be notified because they are not directly affected. C/O'Connor asked that notices of the proposed construction date be sent to the businesses as soon as possible. CM/Belanger reported that meetings will be held with affected business owners to keep them apprised of construction plans and potential interference with ingress/egress as they may occur. Following discussion, C/Huff moved, MPT/Chang seconded, to adopt Resolution No. 98-19 and notify the affected businesses as soon as possible. Motion carried by the following Roll Call vote: APRIL 7, 1998 PAGE 4 AYES: COUNCIL MEMBERS - Ansari, Huff, O'Connor, MPT/Chang, M/Herrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 6.8 APPROVED AMENDMENT OF AGREEMENT FOR MINUTE SECRETARY SERVICES - in the amount of $1,500 to include minutes for Off -Site Parking and Solid Waste Standards Task Forces. C/O'Connor asked who approves the task force minutes. M/Herrera did not believe it is necessary for the minutes to be approved because the minutes are for the City Council's information only. C/O'Connor stated that she has received calls from the Off -Site Parking task force members who are concerned that there is no approval process. C/Ansari stated that she has received complaints from the Traffic and Transportation Commission that their minutes do not always project the essence statements. She has also experienced this with respect to the transcription of her statements. She recommended that Council discuss this matter. M/Herrera stated that perhaps meeting minutes should be "action" minutes only in order to eliminate context -related transcription problems. CM/Belanger explained that task force minutes are not required and approval of the minutes may be decided by the task force members. M/Herrera explained that the task forces are temporary and are not the same type of bodies as the official Commissions. Following discussion, MPT/Chang moved, C/Huff seconded, to authorize the City Manager to amend the existing contract agreement with Carol A. Dennis for Minute Secretary services from $23,000 to $24,500, an increase of $1,500, to include minutes for Off -Site Parking and Solid Waste Standards Task Forces. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Huff, MPT/Chang, M/Herrera NOES: COUNCIL MEMBERS - O'Connor ABSENT: COUNCIL MEMBERS - None 7. PUBLIC HEARINGS: 7.1 CONTINUED PUBLIC HEARING ZONING CODE AMENDMENT (ZCA 97-1) PUBLIC HEARING FOR THE DRAFT DEVELOPMENT CODE, ARTICLES IV AND V - DCM/DeStefano reported that on December 9, 1997, the APRIL 7, 1998 PAGE 5 Planning Commission recommended approval of the draft Development Code and Citywide Design Guidelines. In December, these documents were transmitted to Council and a series of 4 study sessions were conducted. This is the 2nd of 4 public hearings on the Draft Code. Articles IV and V discuss development permit procedures and Development Code administration. Consultant Bruce Jacobson presented an overview of Articles IV and V. M/Herrera opened the public hearing. Jerry Hamilton, 1429 Copper Mountain Dr., asked Council to carefully consider the contents of the Development Code. There being no further testimony offered, M/Herrera continued the public hearing to April 21, 1998 for review of Article III. 8. OLD BUSINESS: 8.1 RESOLUTION NO. 98 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE FOLLOWING IMPROVEMENTS AS PART OF THE DIAMOND BAR SCHOOL SAFETY STUDY AT ARMSTRONG ELEMENTARY SCHOOL, CASTLE ROCK ELEMENTARY SCHOOL, CHAPARRAL MIDDLE SCHOOL, DIAMOND BAR HIGH SCHOOL, DIAMOND POINT ELEMENTARY SCHOOL, GOLDEN SPRINGS ELEMENTARY SCHOOL, LORBEER MIDDLE SCHOOL, MAPLE HILL ELEMENTARY SCHOOL, QUAIL SUMMIT ELEMENTARY, SOUTH POINTE MIDDLE SCHOOL AND WALNUT ELEMENTARY SCHOOL. DPWD/Liu presented staffs report. Joe Foust, Austin -Foust Associates, Inc. presented an overview of the study process. CM/Belanger listed the following recommendations for each school: A. DIAMOND BAR HIGH SCHOOL Open up the Brea Canyon Road Driveway to all traffic both in and out. 2. Extend red curb on the east side of Brea Canyon Road south of Pathfinder Road to 140 feet south of the crosswalk to lengthen the northbound right -turn pocket. 3. Install diagonal parking on the east side of Brea Canyon Road between Pathfinder Road and Fountain Springs Road and remove parking restrictions on Brea Canyon Road. 4. Post additional "One -Hour Parking, 7:00 a.m. to 4:00 p.m. on School Days" signs on Evergreen Springs Drive, Birch Hill Drive and Lost River Drive; on Evergreen Springs Drive, west APRIL 7, 1998 PAGE 6 and east sides to Birch Hill Drive, the existing "No Parking, 7:00 a.m. to 3:00 p.m. School Days Only" signs should be changed to "No Parking, 7:00 a.m. to 4:00 p.m., on School Days", on Evergreen Springs Drive from Birch Hill Drive to Sunbright Drive, and on Birch Hill Drive and Lost River Drive, the existing "One -House Parking, 7:00 a.m. to 3:00 p.m., School Days Only" signs should be changed to "One -House Parking, 7:00 a.m. to 4:00 p.m., on School Days". 5. Add east -west left -turn phasing and north -south split phasing to Brea Canyon Road and Pathfinder Road signal. 6. Add east west left -turn phasing to Evergreen Springs Drive and Pathfinder Road signal. TOTAL ESTIMATED COST: $62,600. B. CHAPARRAL MIDDLE SCHOOL 1. Remove speed humps in parking lot. 2. Repaint existing crosswalk on Spruce Tree Drive in front of the school as yellow ladder -type crosswalk. 3. Review and re -time the existing traffic signal at Diamond Bar Boulevard and Mountain Laurel Way. TOTAL ESTIMATED COST: $850. C. LORBEER MIDDLE SCHOOL 1. Create a passenger loading zone in front of the school on Diamond Bar Boulevard by installation of "School Passenger Loading Zone, 7:00 a.m. to 4:00 p.m. on School Days" signs and painting the curb white, while retaining a portion of red curb to serve as a right -turn lane into the driveways. 2. Prohibit left -turn movement from the parking lots onto Diamond Bar Boulevard by installation of physical barriers. 3. Widen lower parking lot driveway by moving the gatepost out of the travelway. TOTAL ESTIMATED COST: $10,300. D. SOUTH POINTE MIDDLE SCHOOL 1. Install a new ladder -type crosswalk across Blackhawk Drive at Lemon Avenue. 2. Upgrade existing crosswalk across Lemon Avenue at Blackhawk Drive to the ladder -type. APRIL 7, 1998 PAGE 7 TOTAL ESTIMATED COST: $500. E. ARMSTRONG ELEMENTARY SCHOOL 1. Install painted crosswalk across the north leg of Prospectors Road at Beaverhead Drive. 2. Install painted crosswalk with high -visibility yellow ladder -type marking across Clearview Crest Drive beside the school at Chicora Drive. 3. Repaint existing crosswalk on Beaverhead Drive at Cottonwood Cove Drive with high -visibility ladder -type marking. 4. Replace existing "No Parking" signs on Beaverhead Drive with "School Passenger Loading Zone, 7:00 a.m. to 4:00 p.m., on School Days" signs and repaint white curb. TOTAL ESTIMATED COST: $1,050. F. CASTLE ROCK ELEMENTARY SCHOOL 1. Post "No U-turn" signs along Castle Rock Road in front of the school. 2. Move the crossing guard on Brea Canyon Road to Castle Rock Road in front of the school and install a ladder -type crosswalk to facilitate students to cross the street. 3. Install 10 feet of red curb on both sides of the parking lot southern driveway to allow buses the right to exit. 4. Install protective barriers (i.e., guard railing) outside the supervised back gate on Brea Canyon Road to separate parked cars from waiting children. 5. Repaint white curb in front of school and install "School Passenger Loading Zone, 7:00 a.m. to 4:00 p.m., on School Days" signs. TOTAL ESTIMATED COST: $2,050. G. DIAMOND POINT ELEMENTARY SCHOOL 1. Re -time the existing signal timing to red at Golden Springs Drive and Sunset Crossing Road. 2. Post "No Student Loading/Unloading" signs on Golden Springs Drive. 3. Post "School Passenger Loading Zone, 7:00 a.m. to 4:00 p.m. on School Days" signs in front of school. 4. Add 7:00 a.m. to 4:00 p.m. on School Days" to existing "No Parking" signs on Sunset Crossing Road. APRIL 7, 1998 PAGE 8 TOTAL ESTIMATED COST: $700. H. EVERGREEN ELEMENTARY SCHOOL 1. Prohibit left -turns into the parking lot from 7:00 a.m. to 4:00 p.m. on school days. 2. Paint knuckle curve curb red to prohibit parking. TOTAL ESTIMATED COST: $400. GOLDEN SPRINGS ELEMENTARY SCHOOL 1. Post "No Student Loading/Unloading" signs to supplement the red curb on the west side of Golden Springs Drive at Ballena Drive to prevent any passenger loading/unloading. 2. Install a yellow ladder -type crosswalk across EI Encino Drive at Meadowfalls Drive at the rear of the school. 3. Both the existing as well as the new school crosswalk installed adjacent to the school grounds be ladder -type. 4. Repaint the existing white passenger loading zone on Ballena Drive and supplement with curb legends "School Passenger Loading Zone, 7:00 a.m. to 4:00 p.m., on School Days". 5. Re -time the existing signal at Golden Springs Drive and Ballena Drive. 6. Pave the area in front of the access gate on EI Encino Drive. TOTAL ESTIMATED COST: $2,400. J. MAPLE HILL ELEMENTARY SCHOOL 1. Remove existing crosswalk from location north of school parking lot driveway and relocate existing crossing guard to a consolidated student crossing directly in front of the school on Maple Hill Road and install a new ladder -type crosswalk directly in front of the school on Maple Hill Road. 2. Relocate existing crossing guard to the new crosswalk on Maple Hill Road. 3. Prohibit U -Turns on Eaglefen Drive. 4. Periodically use radar speed trailer on Maple Hill Road. TOTAL ESTIMATED COST: $850. K. QUAIL SUMMIT ELEMENTARY SCHOOL No improvements recommended at this time. Circulation and dropoff/pickup operation should be re-evaluated after the APRIL 7, 1998 PAGE 9 construction is completed. L. WALNUT ELEMENTARY SCHOOL Remove existing crosswalk on Glenwick Avenue and relocate to the south side of the parking lot exist driveway painted with high visibility ladder -type markings. TOTAL ESTIMATED COST: $500. CM/Belanger stated that school officials and principals reviewed the recommendations and expressed support of the improvements. The total estimated cost for all proposed improvements is about $100,000. Dr. Ron Hockwalt, Walnut Valley Unified School District Superintendent, spoke in support of the consultant's recommendations. He commended Austin -Foust Associates, Inc. and DPWD/Liu for their efforts. In response to C/Huffs comments that the City can never fully accommodate the school's needs during the 10 morning and afternoon minutes that the facilities are affected, he stated that the schools and roads were built to serve community neighborhoods with students walking to the facilities. In lieu of this, the City and the schools must now compensate for unintended uses. In his opinion, the final recommendations are reasonable. Dr. Hockwalt responded to M/Herrera's concern regarding the recommendation to remove the speed bumps at Chaparral Middle School stating that the speed bumps are too high and cause a disruption in traffic flow at peak hours. C/O'Connor said she cannot concur with the recommendation to remove the speed humps because of the extreme safety hazard to the youth who participate in evening activities. Clay Chaput, Pomona Unified School District Superintendent, spoke in support of the School Traffic Study recommendations. Audrey Hamilton, 1249 Copper Mountain Dr., expressed concern regarding the Quail Summit Elementary School drive-through and lack of off-street parking. She explained that, instead of parking on the street to pick up their children, parents remain in the drive-through area which causes vehicular and bus traffic to back up and impede traffic flow on Quail Summit Drive. She suggested that parents park on Meadowglen Road and Winterwood Lane, walk to school property, pick up their children and walk back to their cars. She believed that if the school closed the parking lot, the traffic flow would improve. APRIL 7, 1998 PAGE 10 Mr. Hamilton said that if people are breaking the law at school sites, they should be ticketed. He is very concerned that a fatal accident will occur at Quail Summit Elementary School because people become anxious and when they pass vehicles parked on the street, they enter the oncoming traffic lane on a blind curve. Keith Cunde, Harmony Hill Dr., said that he cannot get out of his driveway between 8:30 a.m. and 9:00 a.m. on school mornings. Harmony Hill Dr. is a very narrow street with cars parked on both sides. He believed the Sheriffs Department should write more tickets in the area. He suggested that the City give Proposition A funds to the school districts to subsidize bus charges and allow more students to ride the buses. Jack Istik, 22607 Dry Creek Rd., said Mr. Foust presented items for which he had received concurrence from the officials. He believed the school districts have a moral obligation to the citizens to provide safe ingress and egress for the students. CM/Belanger responded to Mr. Cunde that Proposition A and C funds are restricted and cannot be used to supplement bus fees. C/O'Connor stated that Walnut Valley Unified School District provides bus service for D.B. students but that Pomona Unified does not. C/Ansari asked how many parents were issued tickets for illegal parking in front of schools during the past year. Mr. Hamilton said the videotapes are not accurate. Mr. Cunde suggested that school districts stagger school hours. Dr. Hockwalt responded that school hour staggering was eliminated with the institution of longer school hours. He said the District believes that, by staggering classes, parents may have to make more than one trip to the school. C/Ansari said she would like to know the school session times for Evergreen Elementary School and Diamond Bar High School to determine if scheduling can be adjusted to help the traffic flow. M/Herrera stated this information will be available for the City Council Study Session. CM/Belanger explained to C/O'Connor that white curbing is intended to be used for loading and unloading. Signage in conjunction with the white curbing indicates the hours of restriction and allows enforcement. Gas tax APRIL 7, 1998 PAGE 11 monies and possibly Proposition C funds could be used to subsidize some activities related to the street such as striping. He indicated that these matters will be fully explained during the City Council's Study Session. The Chaparral Middle School speed humps are located on school property and are, therefore, the property of the school. If the City chose to involve itself in any onsite activities, it would be a cooperative venture between the school and the City. The school does not need the City's approval to eliminate the speed bumps. C/O'Connor thanked the City for implementing the school crossing guard at Del Sol Ln. and Sunset Crossing Rd. for Diamond Point Elementary School. CM/Belanger explained that certain recommendations have been implemented. Issues that concern the areas outside of school property need to be considered by Council. Mr. Cunde suggested that the school districts should initiate an educational program to encourage school bus use. C/O'Connor moved, C/Ansari seconded, to continue the matter to a 4:00 p.m. City Council Study Session on Tuesday, April 21, 1998. Motion carried with the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Huff, O'Connor, MPT/Chang, M/Herrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None CM/Belanger pointed out that the City received a letter of comments on this matter from Gary Werner. 8.2 INLAND VALLEY CAPITAL CORPORATION (IVCC). C/O'Connor asked what commitments the IVCC had received to date. Blanca Arrellano responded that the City of Pomona and Fontana have each committed $50,000 for IVCC administrative and operation costs. With a commitment from D.B., IVCC would have the financial startup capital to begin application for lender's licensing. The banks will not commit absent the community participation. The cities provide the administrative and operating funds; the banks/lending institutions loan the monies to businesses (the loan pool). Riverside, Orange and San Diego Counties have contributed grant monies toward the formation of the IVCC. C/O'Connor read a statement of opposition from resident Al Rumpilla. C/Ansari moved, M/Herrera seconded, to approve a non-binding expression APRIL 7, 1998 PAGE 12 of interest in the Inland Valley Capital Corporation in the amount of $25,000. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, MPT/Chang, M/Herrera NOES: COUNCIL MEMBERS - Huff, O'Connor ABSENT: COUNCIL MEMBERS - None 9. NEW BUSINESS: 9.1 COUNCIL GOALS AND OBJECTIVES. C/Huff moved, MPT/Chang seconded, to adopt the 1998-1999 City Council Goals and Objectives priority rankings. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Huff, O'Connor, MPT/Chang, M/Herrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 9.2 MATTER OF OPPOSITION TO PROPOSITION 223, "SCHOOLS, SPENDING LIMITS ON ADMINISTRATION" - Dr. Ron Hockwalt, WVUSD Superintendent, explained why the school district opposes the measure and asked for the City's support in defeating this proposition. C/Huff moved, C/Ansari seconded, to direct staff to prepare a Resolution of Opposition for consideration at the April 21, 1998 City Council meeting. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Huff, O'Connor, MPT/Chang, M/Herrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None RECESS TO REDEVELOPMENT AGENCY MEETING: 10:20 p.m. RECONVENE CITY COUNCIL MEETING: 10:23 p.m. 10. COUNCIL SUB -COMMITTEE REPORTS: MPT/Chang welcomed Standard Bank to the community. The bank donated $1,000 to the Friends of the Library for the Mother's Day drawing and offers use of its conference rooms to the city's non-profit organizations at no charge. C/O'Connor reported that she attended the CLOUT Technology in School's conference held at Chaffee College. She encouraged everyone to attend the 9th Anniversary Celebration on April 19, 1998. C/Huff stated that on March 26 he and M/Herrera met with Chino Hills officials to APRIL 7, 1998 PAGE 13 discuss the formation of a Joint Planning Agency for D.B., Chino Hills and Industry. On March 27, he presented testimony in South EI Monte regarding the Alameda Corridor East's impact on the San Gabriel Valley. On March 28, he attended the South Pointe "Music at the Pointe" as liaison to the Walnut School District and indicated that all Council Members attended the Chamber of Commerce Installation. He congratulated incoming Chamber President Art O'Daly. M/Herrera reported on the Economic Development Committee activities which included attendance at the International Council for Shopping Centers workshop in Long Beach and the League of Cities meeting. 11. COUNCIL MEMBER COMMENTS: C/Ansari spoke about meeting with Congressmen in Washington D.C. to encourage approval of a regional transportation plan proposed by the Six Counties Association of Government. She attended the Maple Hills Elementary School's Open House of Careers and a Cal Poly Pomona meeting. She thanked the citizens for their suggestions to improve the community. MPT/Chang spoke about the negative financial impact that AB 1776 and 2001 will have on D.B. and other cities. He urged citizens to express their opposition in writing and recommended that this matter be placed on the April 21, 1998 meeting agenda. C/O'Connor stated that on March 19 she participated in the Rotary golf tournament fundraiser. She and other Council Members attended the "Miss Diamond Bar Pageant." She asked that Council invite the new court to a future meeting. She participated in the Pop Warner Football and Cheerleading Association golf tournament fundraiser. On March 30, all Council Members met in Sacramento with Legislators to discuss proposed Legislative Bills and support the City's lobbyists. On March 31, she attended a Waste Management Action Plan meeting in Rosemead regarding how cities will cope with the closing of landfills. On Sunday, April 5, she and M/Herrera attended the Law Enforcement Appreciation Day sponsored by the Calvary Baptist Church in San Dimas. Also on Sunday, April 5, she assisted the Lions Club in coloring 6,000 eggs. The Club will co-sponsor, with the City, an Easter egg hunt at 10:00 a.m. on Saturday, April 11 at Summitridge Park. She welcomed "The Work Station", a new D.B. business which will hold its grand opening on Thursday, April 8. She encouraged residents to support all new D.B. businesses. C/Huff welcomed Bob Marvin back home following surgery. M/Herrera said that many Council Members attend the same functions. She spoke about why the Legislative Bills highlighted by MPT/Chang should be opposed. She seconded MPT/Chang's request to have staff prepare Resolutions of opposition and place the matter on the April 21, 1998 City Council meeting. CITY OF DIAMOND BAR MINUTES OF THE TRAFFIC AND TRANSPORTATION COMMISSION FEBRUARY 12,1998 CALL TO ORDER: Chair/Leonard-Colby called the meeting to order at 7:02 p.m. at the South Coast Air Quality Management District Hearing Board Room, 21865 East Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE The audience was led in the Pledge of Allegiance by Chair/Leonard-Colby. ROLL CALL: Commissioners: Chair Leonard -Colby, Vice Chair Virginkar and Commissioners Istik, Morris and Nice. Staff: Deputy Director of Public Works David Liu, Assistant Engineer Rose Manela, and Administrative Assistant Tseday Aberra. L APPROVAL OF MINUTES A. Minutes of January 8, 1998. C/Morris moved, VC/Virginkar seconded, to approve the minutes of January 8, 1998 as presented. Without objections, the motion was so ordered. H. COMMISSION COMMENTS: Chair/Leonard-Colby explained that C/Nice had throat surgery and will be keeping his comments to a minimum. M. PUBLIC COMMENTS - None IV. CONSENT CALENDAR - None V. OLD BUSINESS - None FEBRUARY 12. 1998 PAGE 2 T&T COMMISSION VI. NEW BUSINESS: A. Request for a centerline striping on Armitos Place from Carpio Drive to Leyland Drive. AA/Aberra presented staffs report. Staff recommends that the Traffic and Transportation Commission receive public input, discuss the matter and recommend appropriate action. There was no one present who wished to speak on this item. Following discussion of mitigation measures including use of centerline striping, Botts dots for centerline delineation, installation of warning signs, C/Istik moved, C/Morris seconded, to recommend no striping at this time, recommend as an initial mitigation measure the installation of warning signs to regulatespeed as determined by staff scheduled placement of the Walnut Sheriffs Department speed trailer at stop sign near the fire station on Armitos Place, and monitor the area for effectiveness. The motion was carried 5-0 by the following Roll Call vote: AYES: COMMISSIONERS: Istik, Morris, Nice, VC/Virginkar, Chair/Leonard-Colby NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None B. Multi -way stop signs at 10 local area intersections. DDPW/Liu presented staffs report. Staff recommends that the Traffic and Transportation Commission receive public input and continue the matter to March 12, 1998. Carol Long, 1044 Summitridge Drive, said she is concerned about safety on her street. She asked the reason the City has recommended against installing speed humps. She requested installation of a stop sign or some appropriate measure to slow the vehicle traffic on Summitridge Drive at Breckenridge Court. DDPW/Liu explained the criteria for warranting of stop signs. Vince Corti, 1090 Summitridge Drive, said that he feels a stop sign is desperately needed at Summitridge Drive and Breckenridge Court which is a blind corner. He expressed his concern for family member's safety when FEBRUARY 12, 1998 PAGE 3 T&T COMMISSION attempting to back out of their driveway. Fred Ying, 1438 Summitridge Drive, asked for installation of a stop sign at Summitridge Drive and Breckenridge Court. He said that he must assist his wife in backing out of the driveway onto the street because he is afraid an accident will occur. He stated that he cannot let his children go outside of the house because the vehicles are travelling at a high rate of speed. He indicated he does not feel safe to travel at the posted speed limit and feels in jeopardy when he makes a turn into his driveway. He implored the Commission to do anything to slow the traffic. Jesse Avella, 1124 Summitridge Drive, echoed the need for a stop sign at Summitridge Drive and Breckenridge Court. He presented photographs of accidents that have occurred in front of his home. Barry Long, 1044 Summitridge Drive, spoke in favor of a stop sign installation at the intersection of Summitridge Drive and Breckenridge Court. He said he is concerned for the safety of the residents as well as the City's liability since the City has been notified about the problem. The Commission discussed mitigation measures recommended as a result of traffic studies conducted in the City (speed humps and traffic separators) as well as the benefits of stop sign installations to slow vehicular traffic speed in the neighborhood tract. Chair/Leonard-Colby thanked the audience members for their comments and invited them to return for the March 12, 1998 Traffic and Transportation Commission meeting. She encouraged them to follow the process through the City Council's consideration. Following discussion, the Commission concurred to continue the matter to March 12, 1998, schedule a public hearing with notification to the residents, and recommended consideration of the following: Increased enforcement in the area of Summitridge Drive and Breckenridge Court; scheduled placement of the speed trailer in the area, and promotion of a neighborhood public awareness campaign. C. Goals and Objectives of the Traffic and Transportation Commission. Chair/Leonard-Colby asked the Commissioners to forward their rankings of the goals and objectives to staff. The revised list will be presented to the Commission at the March 12, 1998. FEBRUARY 12, 1998 PAGE 4 T&T CONMISSION VII. STATUS OF PREVIOUS ACTION ITEMS: DDPW/Liu stated the final draft of the School Traffic Safety Study will be forwarded to the City Council in March for its recommendation. He further stated that at its January 20, 1998 meeting, the City Council approved removal of the "No Left Turn" sign and red curbing and installation of "No Truck Parking" signs on the south side of Fountain Springs Road between the Country Hills Town Center driveway and Diamond Bar Boulevard. VIII. ITEMS FROM COMMISSIONERS: Chair/Leonard-Colby pointed out that she has observed vehicles parked within the ladder striping area on the Pathfinder Bridge. AA/Aberra indicated that the Sheriffs Department is aware of the problem and has been ticketing the offending vehicles. C/Morris asked that in connection with next month's public hearing on the matter of multi -way stop signs at 10 local area intersections study include consideration of and recommendations for a stop sign installation at the intersection of Summitridge Drive and Longview Drive. C/Istik stated he feels that speed humps could be useful on Summitridge Drive and Longview Drive. C/Morris reiterated his concern that a speed hump policy should be given careful citywide consideration. C/Nice stated he believes that if a speed hum policy is considered, the policy should include two-thirds approval by neighborhood residents and 100 percent approval of residents living at the site of the installation. VCNirginkar reminded the Commission that the direction to staff regarding no speed humps in the City of Diamond Bar has been very clear. He pointed out the legal implications and the impediment to fire department and sheriffs department services. DDPW/Liu stated that staff is concerned about the safety issues in the Summitridge area and the City's traffic consultant is researching the area along with many other areas in the City for recommendation. The completed study and mitigation recommendations will be presented at the March meeting. FEBRUARI 12, 1998 PAGE 5 T&T COMMISSION IX. ITEMS FROM STAFF: DDPW/Liu stated that the street name sign at the intersection of Coyote Springs Drive and Sand Ridge Road has been replaced. The signal timing for the eastbound Grand Avenue;/northbound Summitridge Drive green arrow was reported to Los Angeles County on January 22, 1998. The request to trim shrubbery at the southeast corner of northbound Diamond Bar Boulevard at westbound SR 60 on/offramp was forwarded to CalTrans on January 23, 1998. X. INFORMATIONAL ITEMS: DDPW/Liu explained that a consultant will be selected to complete the Grand Avenue Bike Lane Study. Chair/Leonard-Colby reported on the first Off -Site Parking Task Force meeting held on February 11, 1998. She encouraged the Commissioners to attend one or two of the meetings held on the 2nd and 4th Wednesdays from 6:30 p.m. to 8:30 p.m. in Room CC -2 of each month through June, 1998. Chair/Leonard-Colby announced that Sgt. Rawlings will be retiring from the Walnut Sheriffs Department. Chair/Leonard-Colby congratulated AA/Aberra on her recent marriage. DDPW/Liu pointed out that in response to C/Istik's inquiry, the Commission was furnished a memo from AstP/Lungu regarding the billboard sign located at 1220 Brea Canyon Road. XL SCHEDULE OF FUTURE CITY MEETINGS: As presented. FEBRUARY 12, 1998 PAGE 6 TiT COMMISSION XII. ADJOURNMENT: C/Istik moved, C/Morris seconded to adjourn the meeting. There being no further business to come before the Traffic and Transportation Commission Chair/Leonard- Colby adjourned the meeting at 8:50 p.m. to March 12, 1998. Respectfully, /s/ David G.Liu David G. Liu Secretary Attest: /s/ Joyce Leonard -Colby Joyce Leonard -Colby Chair CITY OF DIAMOND BAR INTEROFFICE MEMORANDUM TO: Mayor Herrera and CCoouncilmember O'Connor ; FROM: Linda G. MagnusonAssistant Finance Director SUBJECT: Voucher Register, April 21, 1998 DATE: April 20, 1998 Attached is the Voucher Register dated April 21, 1998. As requested, the Finance Department is submitting the voucher register for the Finance Committee's review and approval prior to its entry on the Consent Calendar. The checks will be produced after any recommendations and the final approval is received. Please review and sign the attached. CITY OF DIAMOND BAR VOUCHER REGISTER APPROVAL The attached listing of vouchers dated April 21, 1998 have been reviewed, approved, and recommended for payment. Payments are hereby allowed from the following funds in these amounts: 001 General Fund 112 Prop A Fund -Transit Fund 115 Int. Waste Mgt Fund 118 Air Quality Improvement 125 CDBG Fund 126 COPS Fund 138 LLAD #38 Fund 139 LLAD #39 Fund 141 LLAD #41 Fund 250 CIP Fund TOTAL ALL FUNDS APPROVED BY: Linda G. Mag son Assistant Finance Director I/ V,� 0 - � Terrence L. Belanger City Manager $249,808.34 7,566.36 33.63 Fund 279.28 147.84 445.84 5,081.32 1,220.16 3,607.04 287,441.75 $555,631.56 — &4� 4mou� Carol Herrera Mayor Deborah H. O'Connor Councilmember CITY OF DIAMOND BAR INTEROFFICE MEMORANDUM TO: Mayor Herrera and Councilmember O'Connor Co FROM: Linda G. Magnuson, Assistant Finance Director SUBJECT: Voucher Register, April 21, 1998 DATE: April 16, 1998 Attached is the Voucher Register dated April 21, 1998. As requested, the Finance Department is submitting the voucher register for the Finance Committee's review and approval prior to its entry on the Consent Calendar. The checks will be produced after any recommendations and the final approval is received. Please review and sign the attached. c --tell 3«0§ or" ouc n ers 7. for —r -L` -5y .311aed from be Followlmg furlds in t-les@6 G - AL S", /7 57 2§353 1-2 71766.2's 115 i"N'TICUO-ATCD TE MIUT E&; 118 «R QL I T ! FD !AB2766l .d :9.7. 12 I DEV T �j,,j 1, U JRA 147.84 IS f'T T f 7 ?T-c,IEIC PFT,,;v 4-4-64 44'-f.,:4 Im 'LAD 4`8 ,jlqT'l \7u2 -32 LLAG Cj� F!Llhiil! t4l LL41.1 418q N w 2n6 3. !i1agnusj,, NON LWUMV '7 250 - n4_ _E 00 inhon RZA NAVY% 1172- ITAL FOWLS AL KIM C&I-A710— 44mb nAmb! U AL GAINIS WREMP WEN3 VEDIS ?wk0>QD5__ 7 :2 'W_L Ann N'NIF 7RS 'KOK FLOW 44'_5 1 4:3 77AL :AFAU:': 4n 407 A409442121- nyl _A —ME = EE 0.11: TWAL RABLY3 A.K' Vc -.T 4-__CIATES :tNC '14L KU A TI in 7A US fix' CARz' 10 &%!:- JQ n.,-, jo. -,l.' NON LWUMV '7 _L7 . 110 : AL OWES 2634 _ --•ci^.�^cry .�� - 7TAL 7R1E`AID ,0. HEXI-z 55 X0 77A. r : . tr r 001-20010— —' _ "._ . ,OF T.i Ti L ?M6 _ J6 15 . ; / TL i ri_ '41t HERS L, t'rJL 02 TTAL 02 RQ.;R _';12 02 "•.+ TOTAL c 4ENDOR ^i _ ;_ S OW -;ENSS GTAL ,l 'L.FtS 2_8.09 ' ,TPL __P ,ENMR ..; s .•Ji p �7�t, iSEEK CANS M5 07 TSL Rimy,:)75L ... OUC7E,;3 e , ,s :2 L L:UL..�`, c,.'.`- 125..._1. • _��..J 121, . 10 AW 115,30 .31 464 ::�l ATEART As NELSON Ac MA 00521042310- 710L hE AY10 180.00 OUS, :214KI-4230-- MVO�4 V AMUD, !�,O.CO TITAL FREFAIDS 00.11.10 Tyl- K&M. TITAL VE AMOR 150. 00 WEN CUNO Oi.140!0-42i30-- 3/30 65. 00 7YAL `,EFAIDS .00 TOTAL VO_CF'ERS 6500 714L ICE EKS� 6530 -LES ABKTT m'KfjClA T IS :..'C 0015710-4ft,02-- 7w 04 1 _y12, 7!:ENANILH- M.71,77-Li 17,770.50 2_255I._-4F` 2f-- s cl_"-' 370-F Mp-iAR C'10. -^jO 4, 4,525.02 7,402.tO C, RCH 1 14 77 M4L BE VGL 32,279,26 I MARZ 001-34720- 2 FE�E.--� ;EP'2%D 24XO TOTAL 7,-PAM TOTAL Y0,'J'Clii.PS 2400 TOTAL DUEVt'���'3R. X 00 MNS UFM91ON 001535>42130-- 61131 1 Nj 1 --!66,� x:131 ;?_^__3 -3,;23 3 TOTAL P�'EFAIDS .00 MAL -i,'--IH ERS 2204 TOTAL ME VENMR, :38,34 Nf 7'-'r 4L S 00 717AL 12 JNQ�,' 'L:2P7j-S-,.L -AL Toncow- 7 . A, D'1 AL I luJ uC+i 5 rJ-41<0;,-- _ . _ _>4'=:, E. tiii^4u "aaVtC�o**-FLNG COMM 21 a5b 01521r,.�i na-- ,!� `_.�:. _TTCrIA� .r.V.J_F'lMif• 4.'.iQ C.ht...,... DS ! Ci AL 2li-c- VE�r`OICR G4. 66 ,01`> 1C-411-- SE4;Ni^n-r/7-CE5'EFAyG i'?S.Do 'STA± =Rt='si':iiS GG TOTAL ,n:r• •- .r , he t L IL E IE hC Aj 'ENGINEEKNG �.-'v'53iC,-4Fi15- 4E3tic C016 RET1ON SGN ryr:K: AiA RETiiF1T ,i. is 5 1.J ` ' Cf; _.7- 'a:i.0.; UH.�F ;y :. 0 Co TOT: - Vr+U"t+E� r O a 00 -;^H_L' VL VE IU.1} —0 •VV _J : 'ITS _ F. r.TI-Q 6/7') l%CU(tv'.�y-"r `.,-.gin-;=. 1v11 BICE 20.4 . 'JVi4�i7.' 4.i53" 70o6 !:]sNitJ-L+C�..7"Jt, ULS 448. iv ^>'_r`-41, 111,0 - LIi0 G _'1 _- -RAFRT _,_; �(r uc_ =±,51 _ :L`��i�?-4�iil�-- ,'i�'J J{�:i�I(l♦JI FIE'NT COLIC CopIES _ �� ',r`.L •: 6J] (_(,.: 1.17 �+ �y.• l: vL"•(• i�:M ... i 1''e _-�h..'Ni i% ILL - a'J ... •._ TDiAL i-, , - ERs 724.87 TOT A, 1:1-t-2- VENLZR, i ,7 34.:-'7 -41SL3V-- ..tet i.'i •. _•i6., DUI+.;cr� a,'?".�•i,_:. 3TAL r.,,;r>y1JS LFlTA LE.N iL �7 440 PWriYrI AU H jr, 7C-I T 'a L 42 L C Tl"r. I 145?*�.'LISHTING �,AIINT—FU J, --o I .-HER 7= L JE—INDOR 4 )o V IJO 4.1-1 42.2"— N NU L _ii N I A N S P, R I L E r.f-. c c - p"D 4 -96- - At 2 41 c, 4 '4 - "TCNCL M, 3 7 2 T"! AL :.10 7rrL! T C r L PRE -FH I U"-- jtj 717 aL D -C !::'ilium 4' NN! G vv 5 y 0014090-2395 GEN GOVT—MISC EXP 6.97) 'G'AL '-t. Q :!Ji -1- v 4.1-1 42.2"— N NU L _ii N I A N S P, R I -464 r S. E 47 :i i47 ijQ vv1JJ.0-YLJL _i" ., :�1 _-_u � ...G �m�.•. `1L ._/..J __._ j,'.� _.. -ail] • %� -_�Uci'fi Li L'�JLL. 3 rL GJ C, . ... 444--)- 41 _. .. _ _.. _ _, y� •_?1��.:t '.'1i X111•., _ _Y ��.. ii 11114!)- Y 12"'" _'�1 �,^moi, :�_F -�i�J .,:(', iD l' -6.9c" :4%Gli .'`v .... i'f't.'JL'ty-41.:+. T OT AL A UJ i,14! C, li_'-�-. 171 'rCOTHILL''W%NSIT ONE . 1 12--3-55,�- 4453-3,-- -,r..';�- _GF�,7�ir Tn:uf� ' 1, .10 U'+- 7�T Al TGi� _i _ CC __ 35.,-412 v 7130 _t _4; 1 AL TO iiTE CALIFC- NIA 1,LJ-bL.JU 1 ]itl-LI i .�+.... �'J1 53: 1 -'f 1 5-- f11 :'1=i ii, .Yii r' r ii, 15 - -- '5'";8-421 4 T SIAL F rc FA 'D S 37% 0" A L jLE C :R «ice RQ 27-7EN '-AN-CCMPUTER ROOM -k "P -g-9% PRK -;U' L PRE: Fe A 1 US 2T& D TA L D:�!� T- 99x7 %1« 3yHw5 % —TALFnEFF.24111[1113 — i Tr. I I 2!% -E' IMMSgd« STx 5023 SIG' 7 -LLE7' 1 ;'.j - - - ;. 'U 4 1�, T - .tom 11C`tAL -i EPDX 248,35 090-4<L�.'1-- �_':ia .: G1tl� ��r`:.li ''� L"jiCGJ-tii%L 105.00 _ . AL r _. ICHERS 41.:.35 r r pin I S• "KES NIEMinT CPiFiL �_Ehv,ur-a IV+C 0014411-4~410-- 6,1 +:_:+L a:i+ `!iV%':-"Ah ;; b,' C'' .'in; TOIAL tr qq OS 1C T HL ; GE 'IvENMR 6,'=`9.9S LA I_E_LLI AR itJi}4090-4 1 .`_:-- [E'LL'ULhii ;:VCS-;VCSGG"'T I'S.62 IJ14f:'r'+1-4i.rC__ .4J r.`.�....LMIt �'VL.J�:L�� '_UvT 7r�•��'•J —LULhiy. J`l l..A-;,l,Gfi v3. a, x:4415 4 :�= - cL--LAR='I�'S"'''Li- r.T;;L • 4 ,!. -,I „i rHERS .45 36 .45 415`41-45'5 0-- cC.-4 :AI r—a.iS"^I;.,T TU N'S 'v _LncRS ,'"5!1. J 72 00 uF CA CITIES 1;.14090, 42 G'-- �i 5 "! ;ti^ vi La% 'L.? DO TOTAL 1, r CCN 'a --N!_F.AV 1NG 1tZ nn{4 �b'35 :� � iL` Glia-^.nVi. VC r 4.j__ J4.0 TOTAL :LiAIUS; iJ L PW 9:-�CFX(SP8N IUT?-;L YUl1421ER�=�•'J'J 14411 -4541.4-- .:ri Tn; "_ tJT;- -�;N ;L'd C; FFL 4 0.._ -AL 7-:-E IVENTJOR ,,I r-4Drl NO 0614€.)10-42110+--STA±.4NERr-_CNC'_ 321.L AL F,EPRIL'S ..30 u�I-HERE —1— `C i I UE '' ENi_Cfi 12 tE ELLr.CTRI_?L �IMu; iLv'i?N 510-46411-i 17>c-46412 6%=7 1c, 7 .RFC CI'01I-CALBGL'FNE ntC k-ENTL SF,F'GL"'VO x,:•45.« TUi.HL rr!tCF�i1LC .U(,i _aJ4'.G Mril�'�1 .7L't PLC-,: iiE r.rn'K. __..10 r TD" Uv'1±?CiiS J..V . C 1 OEN C - •' TAL ^:Cf �aIUS r i T('T .Il). -4 i 11 IE I IG,n1 v n5.' IJti�S�Q"f MARLH MAINT-LLAD7.'�r7 I J TA L VLiLCHERS ,i , :i 19 4•' MIT -D -ELL iESI CONTROL INC cc:i„ :1.>a. 4..J -r lq"Ii 71059 i`n,� �:} T Y : T r - TREE C;': p r ,.:__ �i..t .REE ,.;;F Iwu 12=... ;�.:.,-_� 4_ �,,! 7011 :,�:c,2SL; �rT, w.�C �;E _�.�:�rlNc t,.: v. :0 10 AL ^-;'1I S Clio iC TAL VOLC;' �.c 2, r 1 . 1U TO". ?L C+UE VENDOR 2,71'15.00 ='ETT I CKNE 0�15.1.v4i.�J(� -- 1 171 ? 7 IN c�l4�s;G:Au=0w r«cv ?..E ! �IT& TC 'SOCK 'C 'ii.C%•F'AF'R LI,L 4 Ga4G 1''YL PtLi MiLIJ ING FAO :1':. h ;EFUNi 77 A its. n M. TO WRAL TMAR' _74L 4022S 07 cit. WC TA 0 �L AE VY'R r_L��3 REETI,�LIICNT X -211 .617.1 CA/21117 _ :u: _ - 5 ",4/'*2lil�9!3 '4725 .7� 707AL TREFAIGS 7 ':-�s 1. *'-'� TOTA WDY'S A 7JAL :LE VE%,L.5R 7 .99 1�ri.j. 60 '5 WL HS"N'S .00 I f)) I - 42 1 AL� M EVC CTR Tj'4L A TT A- A 11TAL W A _if314 42 3 -OTT, T-jQ:D7 All TMAL VUST3, 6000 AMS owMRY WAY 1200— 20. Qw5mwuTw__ 6 !3 7 f. 1173 TO AL 1 :`S 00 TUI�L 49 A� 2a 'i ELME. 11141 7 ',,4 4 1.6l LS .L VC10 �C' _ ,f 471.81 _TPL M YFUR 242471 ;109 Mn"KWE M 50 N 44 41-25L 5aWA3 4 2-4 I C I T 1 7 C JUI T 1 RA.C' LET 1 1B 4- --4 7 7- PL L CA 7 C 0 4 T 0- 1 AS. VOUIC;!'C-PS Jv ' 1� TAL '1111 VEN20R 2,q .34 '.MBERT F. DRIVER AMIAIES 00!-23004-- '-PEC E-Y:ENT INS -JAN -MARCH 4? .+(l p T 0 1 AL REF A US C, TOTAL YAL OLE VENLOu R 41K. vO RUTH :LARK PHUCERAPHY :3014010-41'200--:3014010-41'200-- 711` S120 u:6, IL PROTRAIT ';EPLCMNT 97.43 70TAL LS TOTAL VOUCHERS 97.43 .L DlUE VENDOR SAN GAFRAIEL VALLE ,,NIB" Tl I UNE 0101— -3 1 709 L-.�� V 1 10 9 ;Z-FFL 38-08 64.96 L -UAL AC, -FPL 96-53 7U. c0 L" Kk -;' -FPL )4 1 0,1 - 2,,,',, 1 ". L - 0 A All9':;-<'3 -:HP L -j 06304 L'C- 5 A L 'O -FPL 'y7-0-48 1124.16 TOTAL FREPAIDS TOTAL VOUCHERS 506.,K6 TOTAL DUE VENDOR. _ SCAN NATOA OJI4030-42325— .OTAL r"REPATDS IDI 00 TOTAL VOUCHERS 91? .00 TOTAL DUE VEINUOR 31, Co 0014090-44000-- 6197 4084 BANK CUiRIER SRVCS-APRIL 1 .6, 0 00 TOTAL PRE P A 1 D S TOTAL VOUCHERS61 0 TOTAL "LtE "VENDOR 80. 00 3IR SFEEiY lC!40*rj-42110-- . -CTIUNITY CALENDR COPIES 6820 24855 73.07 TOTAL P�Ef A I U3 TOTAL VOUC'.-4E}�'Q 721 7 TOTAL: -2 V-CNDCR .01 0 CALIKI �4 u L . L :014095-4:1'11-- Q- Y RU NEWS' 7 - 1C -,GI TC' 'AL I EIR co! 4 --f1TKC1",,N CALTFDRNIA -;AS iu,TAL FRET FAIJS I TOTk -C. 6 7 --_-T -1 TN_ERNATINIAL ...-I w L 5 TDT:�L 111�1_-`LRS Z7� -Al Ck-,C 1,711 76 ltfl-42 -2 jV -7l;'IE ENSATION INIKRANCLE FijND 4,l� -J 41 421.,.- - 8: 4;` �":LEIL 11- -31"T 441 t 5 4 2 Mp 40 1 764 36 7Z 407 .`6 "IT 7 L F`4 N 411 17 4 q:--4 — ECT 42 1 -S - R, .-4 "j, 4' ECT 5 85 FPK 71 7CTDVL­ LE F, I LL `:6.49 4 2 Lnf_�" N-4; C 4 r "T :--w C -P�'':iL GROW .5 A. 3_:�i:-,JMT 'IT 7,Gr 61 K —4-421 f 7 �; T iL y Oluckr r_ A 1) T07;`L ELIE VPNDC�� --f1TKC1",,N CALTFDRNIA -;AS iu,TAL FRET FAIJS I TOTk -C. 6 7 --_-T -1 TN_ERNATINIAL L 5 TDT:�L 111�1_-`LRS -Al jV -7l;'IE ENSATION INIKRANCLE FijND F 11EI 1141 8: 4;` Mp 40 1 764 36 7Z 407 .`6 T Jya :_O'l ..a r,1J Lnf_�" N-4; C 4 4 �4, 'rl.L r' D 7C E-7-4 CT-ZR�C,_Er' T L N 4 0, 7 7 L 5 63 "C"! 411 cUPFL-4/11 -5120.94 04/21/19-n 34710 71-,l FRE; "1 D3 320.94 TO -,; A - L volJr- HE5, -- .130 ,,::yam -.;L.c'YEDIAMCUP 520 .94 ��qTUY FECS T ' NE, ZEP 0-RON REAGN U '10 TOOT Al L v06-r'HbxS 50.00 7jl? L 150.00 T; 1ME �DUT PE-520NNEL 1 4040-440,-,,- :M' -F'ELEFNST-2/23-27 ?°' l . 60 :.4! j i -,-m—TRY2 �23-3/1 p !C -:)EL 395.17 FPEP�� TrS00 7 7 7 Af- ILE ,E ti -17 0-41' L Cl T A L tEi; T D S T 2; AL '21-E a. -j �ooEED FiNANCIAL SHvi.:E i-36610— 3 4i./ 60 PUND 'wFOUSIT-STAFF I 4 1, 1 1 1 3 4276- REND tHLRTTY 'UPOSIT 00 0" 1 - Z3- 0 4 - - jwrF1' 1 T - 1 INSURANCE RUNE vs 195. I j: AL J It 0 rA,l ZjC�ERS 816.'5 It n,,TA.L '-l-E vEN`Ctl� -jN:T,c-D KA-ir'-S PIGSTAL SERVICE 14090-4212' E' I--'Nl,- u *;IER 01TAL SEFADS) T -LIT T'T4L iiG P 'V;7 V-r'ES 1111 101 4414 SULK MAIL PIERMT RE T,', T A L VMCHERS 85.00 1— A `7"L DL"E l,,-P4D0R VALLET CREST ".;C. %l ELP' PA x-'GNcTP R 16, 4'32 .97 hC Ch, ANm'--'RA P-r,,K-CCN'STr'% S�XS 14 07 i J Tri '4AN Wt N{. -LL A -r- F ILi AT. E3 "N' C E 0 ORP101 � A T I CN 1�1-! -4&1.•. - ". f3?? I4I1 Oil .9 MCPL "rill 3 5538-4221 '26 - - ILI �6 -- I !'.L2-42 126-- - LILLTIAN WAN 901 -347801-- -:A,*ES WARREN 001-3,4730— wEiLLS FARGO r:,t,,NK � 6-42325-- 4 --42K5-- MT 9- DEI- E SA T ELE - 2 CHPNG 94.78 04!' 1`411 M153-C'MM '�'24. 21 C'4j21 i 7 rt: 4 : ---� — / - 7 - - I - , 47� _'4'7113 3VC3 47Li,-:A TOTAL `,"E 1 "13' I 2161. TOTAL 'L -E VENUCR 71 NAL F? 2 -L �,E-CCNS-Fll NAL PIT 4'- 981 -3 3 4 0 TfOTAL FREPIA I DS 00 T -T& lj r'CHEPS ,L;,. L � 0,� — 4'3,918'3 4:) i AL TOT' ZbE VENr'nOR '3 7:. 43,' . .40 V10k,13 T11 -E DuPLTCAT11QN 17.75 OTAL PREPAIDS .11,10 TOTAL. VOUCHERS 17.75 ILE VEIKOR 17.7v CFEN FUEL PARi:S-FEP -3' -OFEN IPJEL 5EN GOVT F:B 'A 6-31*36 - Or EN F -;E-1 n-ITY MCN -F -E? 11'7.'9 I OT TAL I r FREPAID us GO TCF' "'L VOUCHES MAL 11E TREE 441YERIN13 2/28--,3/3-11 5:: WATER - P.4fjCRA 0ARK WATER MIS -DIST 38 11488.33 ,�47ER - ]'YC,MORE PARK 144.90 WATER "HOS- LIST 39 742.00 AVER -153tiMMITRIDGE ';RK :.Io WATER - PETERSON BARK 114.21 TOTAL PREPAIDS QO TOTAL VOUCHERS 2,W80.45 TOTAL -,.t[E ZNEOR 2,9`'•0.45 2657 R`ECR'EAT I'GN REFUND X0.00 TOTAL FREFAIDS .00 TOTAL VOUCHERS 30.00 TOTAL DUE 4ENDCR S,0.00 44279 RECREATION REFFUNE-AARP CL 111.00 TOTAL PREFFf A IDS � 1 0 TOTAL VOUCHERS 11.00 T 'J, I A. L DUE li'MOR 11.00 MT 9- DEI- E SA T ELE - 2 CHPNG 94.78 04!' 1`411 M153-C'MM '�'24. 21 C'4j21 i 7 rt: 4 : ---� — / - 7 - - I - , MT M vi,!Flk 4 OL PA RRL �fny 1VE 1 s DIV. --- UNFORMS 64 -74L ,L Aim. Al TO Ta. wKNERS :34711� AL ,EN Uk 21 MUM 0:77 7STRIKIM; 1 Tz 7AL FKPA—DS 00 MT M vi,!Flk REPORT TOTAL 557, W. N 4 OL PA RRL 4,. --- UNFORMS 64 -74L ,L Aim. Al TO Ta. wKNERS 4164 AL ,EN Uk 1324 MUM 0:77 7STRIKIM; Tz 7AL FKPA—DS 00 5N S - MNL 12 W., T TIAL -REPAIDS AL ,' CU! 7: H Eir.. 3 '711 M WER-5 12, 00 Mow AM& 41275 LOSM MPOWLYMS vvy.-I FRUTIS 707AL -jUH v_ii �.'GR 51 N AV X - WPAL SIS TOAL MUMS 525.50 TM AL LL. E V C� no 1 3b.00 TO! '. --',L V 0 j'--, i E R 3520 71- J.7 AL �-L;E STIR 1540 REPORT TOTAL 557, W. N _All?V,8P elAlusuD PJAA AGENDA REPORT AGENDA N0. TO: Honorable Mayor and Members of the City Council MEETING DATE: April 21,1998 REPORT DATE: April 14,1998 FROM: James DeStefano, Deputy City Manager TITLE: Exoneration of Landscaping Bond (Faithful Performance, Labor & Materials) for 669 Leyland Drive (Lot 17, Tract 31977) in Diamond Bar. SUMMARY: The principal, Alex Liang, requests a release of his Cash Deposit in Lieu of Landscaping Bond in the amount of $10,000. The Principal has performed all work as required per the landscape plan on file with the City. RECOMMENDATION: It is recommended that the City Council approve the exoneration of Investment CD, in the amount of $10,000 posted with the City on August 22, 1997 and direct the City Clerk tb notify the Principal and Surety of this action. LIST OF ATTACHMENTS: _X_ Staff Report _ Resolution(s) Ordinance(s) X Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: Public Hearing Notification Bid Specification (on file in City Clerk's office) Other. 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? N/A Yes _No 2. Does the report require a majority or a 415 vote? Majority 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? NIA —Yes _ No Report discussed with the following affected departments: REVIEWED BY: e]_ Terrence L. Bela ger J eStefano City Manager Deputy City Manager CITY COUNCIL REPORT AGENDA NO. MEETING DATE: April 21,1998 TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, Deputy City Manager SUBJECT: Exoneration of Landscaping Bond (Faithful Performance, Labor & Material) for 669 Leyland Drive (Lot 17, Tract 31977) in Diamond Bar. ISSUE STATEMENT Consider exoneration of Cash Deposit in Lieu of Landscaping Bond for improvement security as required with the conditions for Administrative Development Review 95-14 (ADR Resolution 95-17). RECOMMENDATION It is recommended that the City Council approve the exoneration of the Investment CD, in the amount of $10,000 posted with the City on August 22, 1997 and that the City Clerk notify the Principal and Surety of this action. FINANCIAL SUMMARY This action has no fiscal impact on the City. BACKGROUND The applicant received approval of Administrative Development Review 95-14 on May 8, 1995 to construct a two-story, 5,000 square foot single family residence at 669 Leyland Drive. The City entered into an agreement with Alex Shuming Liang to complete landscaping localed at 669 Leyland Drive, Diamond Bar. The owner guaranteed faithful performance of this agreement by posting with the City on August 22, 1997 a cash deposit for landscaping. The installed landscaping has been approved by the City on January 27, 1998. DISCUSSION The following bond is recommended for exoneration: Account Number: Investment CD, Cash Deposit in Lieu of Grading Bond (Acct No. 11978293, EastWest Bank branch 0009014) Amount $10,000.00 Reason: All landscaping has been completed and approved by the City. PREPARED BY Gp6A,:54, Catherine Johnson Senior Planner February 27, 1998 Planning Department City of Diamond Bar 21660 E. Copley Drive Suite 100 Diamond Bar, CA 91765-4177 Re: Cash Landscaping Bond on Lot 17 Tract 31977 I hereby request to release the cash deposit of $10,000 of the landscaping bond on my property located on Lot 17, Tract 31977, aka 669 Leyland Drive. A copy of acknowledgement of the financial institute attached for your reference. Sincerely yours,, Alex Shuming Liang Property Owner 669 Leyland Drive Diamond Bar, CA 91765 CASH DEPOSIT LST LIEU OF L&NDSCAPL iG BOND Last 17, Tract 31977, ala 669 Leyland DrWe, Diamond Bar knMFLZ PERF,OILMANCF�, LABOR & I�ATERI�3LS' ,k-NO`�EDGENi�+-T �,YD COYSE�i'f OF F iA.NCLAL rjSTTn-T10N �Jnrrei atter• 'Financial Institution'} hereby ac owied�es :,at Ale ung, 1"fi25 Mail tiNine Street. E'i 1�ionw, C1 91"x- (hereinafter 'De_vositor') has demoted with Financial Institution the sum of 510,000_ F mon acknowiedges and agees that the foregoinco g deposit stands in the haute of the Cuv of Diamond Bar. a California muddPal corPoration (hereinafter the 'City'), and that the City is the owner of such account- No funds shall be withdrawn from said w=mt without the express, written consseat of me C: -,v: ?rovided, that any interest earned on the deposit shall beiong o the Depositor. The Fiaanciai institution further aclMOwiedg'es and ams that upon written instructions ;rom the at,, F�cj2j Insunmon shall immediatdy pay to the City such amount (not exceeding, in the ag ie, the sum specified above) as may be nested by City. Financial Institution further aclmowledges and agr.es that such fi=cs shall be paid to :he Ctv notwithstanding anv contrary instructions '-tat tnav have been ?iver, by he Finan.:aiaszimtion 2DIe.Sen:5 :o C tv and ',"mTanLs mat :.e '.IlIIIe ait:ollIIt of the ?rII1C,:ie On cecosit as �_: . cec _e.�in is in_s�;er Mrougl ::.e `edema ^eros t fish.-ancr Coroo� on i ICS or :e weai SaN:^,oc a;,c �oan Insuraz. ce Corporation �FSSI.IC}. IM 3.. `N�� CRE, this acimowledgement and consent is �..ec Md this 22 day of F-LNANUAL LNSTITL�ITON: UST—.VEST BANK 379 S DUMND BAR BLVD. DiAUM BAR, CA 91755 n =r7 BAN Aczmx't M c: a f R ^G^e S Aczutm Aum Lc --ns AUTHCOZED SKMATUM MATESFAM rjvcrdr ft cn FM NURL Z (313) 799-5, Co FDIC -A = --,,s =oLrt-ow aid r= -w--T c7 -e bods a Banc -ESTOP FLNAINCIAL CEYrER yOLR ON r — 7 Z—L Svines Ac,—.== tz'k' 7 cgrdfx=E Ac um vi senice C--ticc-_on -%-,rice 7 7-: 7- Tr --,6 xcks a -1 Servict -c Bv) m Businm Chccknf- Ac-ttmts - Satz -L � book -Acre'. Cr6-s Czmme. Lzam A C--rd-C=c iz-xts �- Cub R ^G^e S Aczutm Aum Lc --ns 'Hoffle rjvcrdr ft cn NURL Z (313) 799-5, Co FDIC :: = = = r — 7 Z—L tz'k' 7 �7- 7 7-: 7- a CITY Ur lllAMvrrD 0111iR AGENDA REPORT AGENDA NO. TO: Honorable Mayor and Members of the City Council MEETING DATE: April 21, 1998 REPORT DATE: April 15, 1998 FROM: Terrence L. Belanger, City Manager TITLE: Crossing Guard Services Contract Amendment SUMMARY: As a result of the Diamond Bar School Safety/Traffic study, the intersection of Sunset Crossing Road and Del Sol Lane began to receive a crossing guard service on March 23, 1998. This intersection brings the total number of intersections to twelve (12). The current contract amount needs to be amended from $55,000 to $57,200, an increase of $2,200, in order to cover costs for the remainder of the school year (15 weeks). RECOMMENDATION: That the City Council authorize the Mayor to amend the existing crossing guard contract agreement with International Services, Inc. from $55,000 to $57,200, an increase of $2,200 to provide service at the intersection of Sunset Crossing Road and Del Sol Lane. LIST OF ATTACHMENTS: X Staff Report — Public Hearing Notification _ Resolution(s) — Bid Specification (on file in City Clerk's office) — Ordinance(s) X Other: Amendment No. 1 — Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been — Yes — No reviewed by the City Attorney? N/A 2. Does the report require a majority vote? Majority —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: Terrence L. Belan r James DeStefano David G. Liu City Manager Deputy City Manager Deputy Director of Public Works CITY COUNCIL REPORT AGENDA NO. _ MEETING DATE: April 21, 1998 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Crossing Guard Services Contract Amendment ISSUE STATEMENT: Amend existing contract agreement for crossing guard services to provide service at the intersection of Sunset Crossing Road and Del Sol Lane. RECOMMENDATION: That the City Council authorize the Mayor to amend the existing crossing guard contract agreement with International Services, Inc. from $55,000 to $57,200, an increase of $2,200, to provide service at the intersection of Sunset Crossing Road and Del Sol Lane. FINANCIAL SUMMARY: For the remainder of the school year (15 weeks), crossing guard service for one intersection is estimated to cost $2,200. This amount will be funded through Public Safety - Law Enforcement account. BACKGROUND/DISCUSSION: As part of the Diamond Bar School Safety/Traffic Study, the intersection of Sunset Crossing Road and Del Sol Lane, near Diamond Point Elementary School, was identified as an area warranted for a crossing guard. As a result, International Services, Inc. began to provide service at this intersection beginning on March 23, 1998, bringing the total number of intersections covered to twelve (12). Since the FY 1997-98 budget allows for eleven (11) intersections, the addition of an intersection requires the current budget be adjusted. Staff estimates the cost of providing service at one intersection to be $2,200 for the months of April, May, June, and half of July, 1998. This amount is based on a 15 -week schedule with a minimum of three (3) hours of coverage per day (Monday through Friday) at an hourly rate of $9.45. Prepared By: David G. Liu/Tseday Aberra AFlr=1S-9B 11:25 City of Diamond Bar 909-861-3117 P-01 AMB,NDMFNT NO, I TO THE M Y'S PROFLSSIONAL SZAVICRS AFOR CROSSING GUARD SZRVYCEB This Agfoctn a (Annesndmesnt No. l) is trade and entered into this _ day cf 1999, between the CITY OF DIAMOND HAIL. a Muaic O C0gW4tion(hW6iA5ftW "famed to as "CITY") and International Services. Inc. (hereinafter referred to as "CONSULTANT") - A. Recitals: (i) The CITY atered into an Ag eanmu with fateraatienal Savices, IMK- to provide Crossing Grafi Services, which the Agreenont was dated Aurae 17, 1997 (hereinafter r 6 Led to as "A MMnnt"). (u) The CITY requestod for additional asin oag Ward rewires to inciyda the intersection of Sunset Crossing Road and Del Sol Lane. (iii) The CONSULTANT agreed to provide crossing guard services at the intcrsoctim of Sunset Crossing Road and Det Sol Lane in accordance anth the term int the A,gfeettnent, and said xwvkn shall be provided for s novo-excaed amount otS2,200 for the Months of April, May. hoe, and July, 1991. (iv) h is in the CrMs boat interest to MMW the ASrOwn4ed for the services in erder to amore comdaay and w,bn,;ty of the services already being provided by CONSULTANT. Now, THEREFORE, it is agreed by and between CITY and CONSULTANT: Section 1: Section 3 of the Agreement is hereby amended to nand as follows: "3. Compens*tion. CITY agrees to Compensate Cotaultant for each setvioe which CONSULTANT pa fW= to the satisfaction of City in compliance with the schedule ad forth in FAWks "B". Payment will be made only attar wbmissien of proper monthly invoices in the form apvdSed by City. Taal payment to CONSULTANT pursuant to this Al reemexnt sbdl not exceed FiM4KVEN THOUSAND TWO HUNDRED DOLLARS (S57,2A0)_" Section 2. Each party to this Amendment No. I sclmowledges that no representation by any party which is not embodied herein not any other aVVCM WK, dstetAWWM or promise not conukwd in this Ammkoent No. 1 shall be valid wd binding. Any modification of this AmandmeM No. 1 shall be effective only if it is in waiting signed by the parties. Apr -15-98 11:26 City of Diamond Bar 909-8$1-3117 P-02 IN W1T qM wHERROF, the parties hereto have executed this Amendawit No. I as of the day and year first set forth above. APPROVED AS TO FORM: By: City Attorney ATTEST: CONSULTANT: INTERNATIONAL SERVICES, INC- 2u3cixtrd DeLong Vice President CITY OF DIAMOND BAR City Clerk Carol Herrera Mayor BATE; 2 -Apr -=15-98 11=25 City of Diamond Bar 909-861-3117 P_01 AMENDMENT NO. 1 TO THE CMTS PROFESSIONAL SERVICES AGRI M"M FOR CROSSING GUARD SERVICES Haig AgrMnynt (Amendment No. 1) is made and entered into this _ day of�, 1998, between the CITY OF DIAMOND BAR, a Municipal Cotporation(hea rvin4of re wand to as "CITY") and Intereational Services. Inc. (hereinafter referred to as "CONSULTANT"). A. Recitals: (i) The CITY entered into an Agreement with International Seavices, Inc. to provide Crossing Guard Services, which the Agreement was dated June 17, 1997 (hereinafter referred to as "Affeemow"). (ii) The CITY requested for additional crossing guard services to include the intersection of Sunset Crossing Road and Del Sol Lane. (iii) The CONSULTANT agreed to provide crossing guard services at the intersection of Sunset Crossing Road and Del Sol Lane in aecordanee with the term% in the Agrmm mut, end said auvice shell be provided for a tot -to -atoned amount of 52,200 for the nwaths of April. May, June, atad July, 1998. (iv) It is in the Cl1 Y's best interest to amend the Agreement for the servioee in order to onsure consistency and continuity of the sa vices already being Provided by CONSULTANT. NOW, THEREFORE, it is agreed by and between CITY and CONSULTANT; Section 1: Section 3 of the Agreement is hereby amended to read as follows: "3. Compew mtion. CITY agrees to compemte COMWtant fof each service which CONSULTANT performs to the satisfaction of City in compliance with the schedule set forth in Exhibits "B". Payment will be made only alta submission of proper monthly invoices in the fearer spoa5ed by City. Total payment to CONSULTANT pursuant to this Agreement shall not exceed FIM -SEVEN THOUSAND TWO HUNDRED DOLLARS (S57,2N)." Section 2. Each party to this Ar+nondtnent No. 1 acicnowlodges that no representation by any party which is teat embodied herein not any other agnmuent, "Ment, of prwtise tact contained in this Anvsk tteettt No- 1 *vJ1 be valid and binding. Any modification of this Ami No. 1 shall be effective only if it is in writing signed by the panics. CITY OF DIAMOND BAR AGENDA REPORT AGENDA N0. TO: Terrence L. Belanger, City Manager MEETING DATE: April 21,1998 REPORT DATE: April 13,1998 FROM: Bob Rose, Community Services Director TITLE: Contract Amendment with Landscape West, Inc. to provide Landscape Maintenance Services for Lighting and Landscape Maintenance District #41. SUMMARY: The City of Diamond Bar currently has a contract with Landscape West, Inc. to provide landscape maintenance services for L.L.M.D. #41 for the annual cost of $35,400. Landscape West, Inc. recently submitted a letter requesting an increase of $56 per month ($224 for the remainder of the 1997198 Fiscal Year) due to the Federal increase of the minimum wage to $5.75 per hour on March 1, 1998. Landscape West, Inc. has had the L.L.M.D. #41 contractwith the City of Diamond Bar since the 1995/96 FY, Even though Landscape West, Inc. has had the option to receive a Consumer Price Index (C.P.I.) increase each of the past two times its contract has been extended, Landscape West, Inc. has refused those increase opportunities to remain financially competitive in Diamond Bar. Landscape West, Inc. is requesting an increase at this time because of the actual cost ramifications to Landscape West, Inc. due to the hike in the Federal minimum wage. RECOMMENDED ACTION: It is recommended that the City Council approve the contract amendment with Landscape West, Inc. to increase its contract for landscape maintenance services in L.L.M.D. #41 to $35,624, or a total annual increase of $224 for the 1997/98 FY, effective March 1, 1998. LIST OF ATTACHMENTS: X X EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: Staff Report _ Public Hearing Notification Resolution(s) X Specifications (on file in City Clerk's office) Ordinance(s) X Other: Contract Amendment Agreement(s) Letter Requesting Increase 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? 2. Does the report require a majority vote? 3. Has environmental impact been assessed? 4. Has the report been reviewed by a Commission? What Commission? 5. Are other departments affected by the report? Report discussed with the following affected departments: n/a REVIEWED BY: U�"b- Terrence L. Belang City Manager i Jame estefano Deputy City Manager X Yes _ No X Yes _ No _ Yes X No Yes X No Yes X No Bob Rose Community Services Director A, LANDSCAPE WEST, INC. February 6, 1998 Mr. Bob Rose CITY OF DIAMOND BAR 21660 E. Copley Drive, Suite 100 Diamond Bar, CA 91765 Re: Public Landscape Maintenance Prevailing Wage Increase Dear Mr. Rose: WAV RECEIVED q 1U FL8 12 Fli { 3 DIAMOND BAR COMMUNITY SERVICES In 1996, the Industrial Welfare Commission was instructed by the State of California to institute the Living Wage Act of 1996 as set forth by the State of California and the Federal Government. Until March 1, 1998, the act will not have an effect on Landscape West, Inc.'s employees who work on our contract with your agency. When we entered into the Landscape Maintenance agreement with your agency, the prevailing wage was $5.50 per hour. We have paid at least the prevailing wage and we continue to pay the same under the terms of our agreement. On March 1, 1998, the minimum wage will increase to $5.75 per hour. This will be the new minimum wage until the State Industrial Welfare Commission sets a new prevailing wage for Public Works Contract Employees. The new minimum wage now exceeds the prevailing wage as stated in our contract. Since the inception of our current agreement, Landscape West, Inc., has averaged 2,344 work hours per year. Since the minimum wage has increased $.25 per hour per employee and average hours per •year is 2,344, the additional yearly contract amount for this line item will be (2,344 x $.25) $586.00. As an employer in the State of California, we pay workers compensation taxes and employer related payroll taxes. These taxes increase payroll an average of 14.6%. The additional cost for this is ($586.00 x 14.6%=) $85.55. By adding the increase in hourly pay and payroll taxes the additional cost to your'contract per year will be $671.55. Landscape West, Inc., is requesting an increase to our contract in the amount of $671.55 per year effective March 1, 1998. 950 N. Tustin Avenue, Anaheim, CA 92807 • 714/632-9770 • FAX 714/632-9477 Page Two Asyou can see this is not an amount that Landscape West, Inc., can absorb as we have with the previous raises in the prevailing/minimum wage increases. At your earliest convenience, we need to resolve this situation in a fair and equitable manner. Sincerely, Barry L. Konier President BLK/mvw enclosures: Please note: Enclosures on file in Conmiunity Services Division office. 1. Industrial Welfare Commission Minimum Wage Order, effective March 1, 1998 2. General Prevailing Wage Determination - Date February 22, 1995 3. General Prevailing Wage Determination - Date February 22, 1990 cc: Don Hensley Terrence Belanger S:\SHARED\WPDOC\ROBERT\DB-INC.WPD City of Diamond Bar 21660 E. Copley Drive, Suite 100 • Diamond Bar, CA 91765-4177 (909) 860-2489 . Fax: (909) 861-3117 • City Online (BBS): (909) 860.5463 Internet: hnp://www.ci.diamond-bar.ca.us R,yded paper April 7, 1997 Barry Konier, President Landscape West, Inc. 950 N. Tustin Avenue Anaheim, CA 92807 RE: MAINTENANCE OF LIGHTING AND LANDSCAPE DISTRICT NO. 41 Dear Mr. Kon ier: This is to inform you that the City of Diamond Bar is interested in extending the District No. 41 Maintenance Contract with Landscape West, Inc. from July 1, 1997 through June 30, 1998. The contract will remain the same amount as the 1996/97 contract, $2,950 per month or $35,400 per year. Upon approval of this contract extension by the Diamond Bar City Council, a purchase order in the amount not to exceed $35,400 will be processed and forwarded to you. Robert S. Huff Mayor Sincerely, Carol Herrera Mayor Pro Tem Eileen R. Ansari Bob Rose, Director Council Member Community Services Department Clair W. Harmony By signing below, the parties agree to the above terms. Council Member Gary H. Werner Council Member M yor ate President Date City of Diamond Bar Landscape West, Inc. Attest: Approved as to Form: 1, r t. fz/ City Clerk Date ity Attorney Date R,yded paper KNOW ALL MEN BY THESE PRESENTS: That the following agreement is made and entered into, in duplicate, as of the date executed by the City Clerk and the Mayor, by and between LANDSCAPE WEST, INC., hereinafter referred to as the "CONTRACTOR" and the City of Diamond Bar, California, hereinafter referred to as "City". WHEREAS, pursuant to Notice Inviting Sealed Bids or Proposals, bids were received, publicly opened, and declared on the date specified in said notice; and WHEREAS, City did accept the bid of Contractor LANDSCAPE WEST, INC. and; WHEREAS, City has authorized the City Clerk and Mayor to enter into a written eontrwt with Contractor for furnishing labor, equipment, and material for Annual Landscape Maintenance for lighting & Landscape Maintenance District No. 41 in the City of Diamond Bar. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: Contractor shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the Annual Landscape Maintenance for Lighting & Landscape Maintenance District No. 41 in the City of Diamond Bar. Said work to be performed in accordance with specifications and standards on file in the office of the City Manager and in accordance with bid prices hereinafter mentioned and in accordance with the instructions of the City Manager. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The aforesaid specifications are incorporated herein by reference thereto and made a part hereof with like force and effect as if all of said documents were set forth in full herein. Said documents, the Resolution Inviting Bids attached hereto, together with this written agreement, shall constitute the contract between the parties. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the contractor whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this written agreement shall control. 3. TERMS OF CONTRACT a. The undersigned bidder agrees to execute the contract within ten (10) calendar days from the date of notice of award of the contract or upon notice by City after ten (10) calendar days, and to complete the City of Diamond Bar L. L. M.D. #41 installation of the work within sixty (60) calendar days from the execution of the first contract. The bidder agrees further to the assessment of liquidated damages in the amount of one -hundred ($100.00) dollars for each calendar day the work remains incomplete beyond the expiration of the completion date. City may deduct the amount thereof from any monies due or that may become due the Contractor under this contract. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages. 4. INSURANCE: lice Contractor shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the Contractor allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The contractor shall take out and maintain at all times during the life of this contract the following policies of insurance: a. n'ncarinn Invirance• Before beginning work, the Contractor shall furnish to the Engineer a certificate of insurance as proof that he has taken out full compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full fora and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every contractor shall secure the payment of compensation to his employees. Contractor, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for worker's compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." b. For all operations of the Contractor or any subcontractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) Public Liability - Bodily Injury (not auto) 5500,000 each person; $1,000,000 each accident. 2) Public Liability - Property Damage (not auto) $250,000 each person; 5500,000 aggregate. City of Diamond Bar 2 L. L. M. D. #41 3) Contractor's Protective - Bodily Injury 5500,000 each person; $1,000,000 each accident. 4) Contractor's Protective - Property Damage $250,000 each accident; $500,000 aggregate. 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 6) Automobile : Property Damage $250,000 each accident. C. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is qualified to do business in the State of California 2) Name as additional insured the City of Diamond Bar, its officers, agents and employees, and any other parties specified in the bid documents to be so included; 3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under said policy; 4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by City of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter. " 5) Otherwise be in form satisfactory to City. d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: 1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c.(2) hereof to be listed as additional insured in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with .the operations of Contractor or any subcontractor in performing the work provided for herein; City of Diamond Bar 3 L. L.M.D. #41 2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to City by registered mail. The Contractor shall at the time of the execution of the contract present the original policies of insurance required in paragraphs a. and b. hereof, or present a certificate of the insurance company, showing the issuance of such insurance, and the additional insured and other provisions required herein. 5. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor code, Division 2, Pan 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rata of per diem wages. Copies of such prevailing rates of per diem wages are on file in the office of the City Clerk of the City of Diamond Bar, Suite 100 21660 E. Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. Pursuant to Labor Code Section 1775, the contractor shall forfeit, as penalty to City, not more than fifty dollars (550.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. 6. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code as amended by Chapter 971, Statues of 1939, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the prosecution of the work. Attention is directed to the provisions in Sections 1777.5 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: City of Diamond Bar 4 L. L. M. D. #41 a. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request for certificate, or b. When the number of apprentices in training in the area exceeds a ratio of one to five, or C. When the trade can show that it is replacing at least 1730 of its membership through apprenticeship training on an annual basis statewide or locally, or d. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not lens than one apprentice to eight journeymen. The Contractor is required to make contribution to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relativc to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon any of the work hereinbefore mentioned. for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. 8. TRAVEL AND SUBSISTENCE PAY: Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 9. CONTRACTOR'S LIABILITY: The City of Diamond Bar and its officers, Ciry of Diamond Bar 5 L.L.M.D. #41 agents and employees shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workmen employees of the contractor or his subcontractors or the public, or for damage• to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. The contractor shall be responsible for any damage or injury to any person or property resulting from defects or obstruction or from any cause whanoever, except the sole negligence or willful misconduct of City, its employees, servants, or independent contractors who are directly responsible to City during the progress of the work or at any time before its completion and final acceptance. The Contractor will indemnify City against and will hold and save City harmless from any and all actions, claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of the contractor, his agents, employees, subcontractors, or invitees provided for herein, whether or not there is concurrent passive or active negligence on the part of City, but excluding such actions, claims, damages to persons or property, penalties, obligations, or liabilities arising from the sole negligence or willful misconduct of City, its employees, servants, or independent contractors who are directly responsible to City, and in connection therewith: a. The Contractor will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations, liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith. b. The Contractor will promptly pay any judgment rendered against the Contractor or City covering such claims, damages, penalties, obligations, and liabilities arising out of or in connection with such work, operations, or activities of the Contractor hereunder, and the Contractor agrees to save and hold the City harmless therefrom. C. In the event City, without fault, is made a parry to any action or proceeding filed or prosecuted against the Contractor for damages or other claims arising out of or in connection with the work, operation, or activities of the contractor hereunder, the contractor agrees to pay to City any and all costs and expenses incurred by City in such action or proceeding together with reasonable attorneys' fees. So much of the money due to the Contractor under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damage as aforesaid. City of Diamond Bu 6 L.L.M.D. #41 10. NON-DISCRIMINATION: No discrimination shall be made in the employment of persons upon public works because of the race, color, or religion of such persons, _and every contractor for public works violating this section is subject to all the penalties imposed for a violation of Division 2, Part 7, Chapter 1 of the Labor Code in accordance with the provisions of section 1735 of said Code. 11. CONTRACT PRICE AND PAYMENT: City shall pay to the Contractor for furnishing all material and doing the prescribed work the unit prices set forth in the Price Schedule in accordance with Contractor's Proposal dated NWvh 22, 1995, in the total amount of $35,400. The City Council shall have the option to extend this Agreement up to five (5) additional one (1) year periods, subject to the same terms and conditions contained herein, by giving Contractor written notice of exercise of this option to renew at least thirty (30) days prior to the expiration of the initial term of this Agreement, or of any additional 1 year extensions. In the event the City Council exercises its option to extend the term of this Agreement for toe or more of the additional five (5) one year periods as provided for in paragraph 28.02 of specifications. the Contractor's monthly compensation shall be subject to adjustment at the commencement of the extended term and annually thereafter ("the adjustment date") as follows: Any increase in compensation will be negotiated between the City and the contractor, with the limits being no increase to a maximum of the cost of living. The increase, if any, will be calculated with reference to cost of living during the previous year. If the increase is approved by the City Council, the increase will be calculated by adding to the Contractor's monthly compensation, the amount, if any, obtained by multiplying the contractor's compensation as of the adjustment date by the percentage by which the Consumer Price Index ("CPI") for the Los Angeles - Anaheim -Riverside metropolitan area for the month immediately preceding the Adjustment Date (the "Index Month") reported by the Bureau of Labor Statistics of the ' United States Department of Labor, has increased over the CPI for the month one year prior to the Index Month. If the Index is discontinued, the Director's office shall, as its discretion, substitute for the Index such other similar index as it may deem appropriate. 12. A17ORNEY'S FEES: In the event that any action or proceeding is brought by either parry to enforce any term or provision of this Agreement, the prevailing party shall recover its reasonable attorneys' fees and costs incurred with respect thereto. City of Diamond Bar 7 L. L. M. D. #41 13. TERMINATION: This Agreement may be terminated by City upon the giving of a written "Notice of Termination" to contractor at least thirty (30) days prior to the date of termination specified in said notice. In the event of such termination, contractor shall only be paid for services rendered and expenses necessarily incurred prior to the effective date of termination. IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed with all the formalities required by law on the respective dates set forth opposite their signatures. State of California Contractor's License No. 417103' Date APPROVED AS TO FORM By: Title CITY OF DIAMOND BAR, CALIFORNIA By: 6.. Mayor • �y 1f Date Contractor's Business Phone Emergency Phone at which 77/ Y _ j 9i _ 7,0 (— Contractor can be reached at any time City of Diamond Bar 8 L.L.M.D. X41 crTr or 0.01Q AGENDA REPORT AGENDA NO. ��. � TO: Honorable Mayor and Members of the City Council MEETING DATE: April 19, 1998 REPORT DATE: April 15, 1998 FROM: Terrence L Belanger, City Manager TITLE: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT PER PARCEL DISCRETIONARY GRANT PROGRAM FOR PANTERA PARK " SUMMARY: Through the 1996 Proposition A Safe Parks Act, the City was awarded a per parcel discretionary grant of $275,246. When the City Council awarded the Pantera Park construction project June 3, 1997, the funding included the 1996 discretionary grant funding in the project. At the award of the construction contract, the Los Angeles County Regional Park and Open Space District did not have the 1996 policies and procedures completed. The procedures have been completed, and the attached resolution is required for the City to be able to receive the funding for the Pantera Park project. The City is not required to adopt a Youth Employment Program, at this time. RECOMMENDATION: It is recommended that the City Council adopt Resolution No. 98 - XX " A Resolution of the City Council of the City of Diamond Bar approving the application for grant funds from the Los Angeles County Regional Park and Open Space District per parcel discretionary grant program for Pantera Park." 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 N/A _ Yes _, No reviewed 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? X _Yes _ No Report discussed with the following affected departments: Finance RFVIFWFn RY- l' V Terrence L. Be ger City Manager -A� J es DeStefa o Deputy City Manager Kellee A. Fri Assistant to City Manager CITY COUNCIL REPORT AGENDA NO. MEETING DATE: April 15, 1998 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT PER PARCEL DISCRETIONARY GRANT PROGRAM FOR PANTERA PARK " ISSUE STATEMENT: Should the City Council approve the utilization of the 1996 Per Parcel Discretionary Grant for Pantera Park? RECOMMENDATION: It is recommended that the City Council adopt Resolution No. 98 - XX " A Resolution of the City Council of the City of Diamond Bar approving the application for grant funds from the Los Angeles County Regional Park and Open Space District per parcel discretionary grant program for Pantera Park." FINANCIAL SUMMARY: The Pantera Park budget included the 1996 Per Parcel Discretionary Grant. BACKGROUND/DISCUSSION: The funding for Pantera Park includes the 1992 Safe Park Specific and Discretionary funding, 1996 Discretionary funding, Quimby Fees, Developer Fees and revenue from selling Proposition A Transit Funds. The attached Resolution, formalizes the City's use of the 1996 Per Parcel Discretionary Grant for Pantera Park. The Los Angeles Regional Parks and Open Space District has reviewed the plans, specifications and application and approved Proposition A funding of Pantera Park. The City's use of 1996 Safe Parks Act for Pantera Park, will not mandate the City to adopt a Youth Employment Program and meet the goals established by the Board of Supervisors. If the City applies for maintenance funding through the 1996 Safe Parks Act, the City will be required to adopt a Youth Employment Plan and meet the established goals. PREPARED BY: Kellee A. Fritzal Assistant to the City Manager shall be spent on the site of the Los Angeles Zoo and in accordance with tate Los Angeles Zoo Master Plan. (11) Two million five hundred thousand dollars ($2,500,000) to the City of Whittier for restoration and rehabilitation of the Pio Pico State Historic Park, in accordance with the Pio Pico State Historic Park General Plan. (12) One trillion dollars ($1,000,000) to the City of Same Clarita for the acquisition and development of lands for the Santa Clara Riva Park in accordance with the Santa Clara River Water and Recreation Features Plan. (13) One million three hundred My thousand dollars (S1,350,0W) to the Departnneat of Parks and Recreation for gener it itaprovements to fae0ities at the South Coast Botanical Gardens. (14) Ten million dollars (510,000,000) to the Wildlife Corridor Conservation Audwrity far acquisitio% improvement, and/or restoration of park and natural lands in the Puente Hills WiIX& Corridor east of Colima Road. -3. (c) One hundred thirty-one million five hundred fifty thousand dollars ($131,550,000) to the Department ofParks and Recreation for grants to incorporated cities within the District and the Connery for tits acgeri con, development, i Mwev tut, rehabilitation or restoration of real property for parks and perk safety, senior recreation facilities, gang prevention, beeches, recreation, community or cultural facilities, trails, wildlife habitat or natural lands in accordance with the: following schedule: (1) Thirty five million dollars ($35,000,000) for grants to all incorporated cities within the District and to the County on a per parcel basis, including funds on a per parcel basis to the County for the unincorporated attic of the County. (2) Ninety-six million five hundred fifty thousand dollars ($96,550,000) for direct grants to cities in accordance with the following schedule: A. Five hundred thousand dollars ($500,000) to the City of Agoura ]:Tills for the development of a regional community center and gymnasium in partnership with the City of Calabasas. B. Six hundred thousand dollars (5600,000) to the City of Alhambra for the rehabilitation and development of a walking/jogging trail system at Almansor Paris. Resolution 98 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT PER PARCEL DISCRETIONARY GRANT PROGRAM FOR PANTERA PARK WHEREAS, the people of the County of Los Angeles on November 3, 1992 and on November 5, 1996, enacted Los Angeles County Proposition A, Safe Neighborhood Parks, Gang Prevention, Tree Planting, Senior and Youth Recreation, Beach and Wildlife Protection (the Proposition), which, among uses, provides funds to public agencies and nonprofit organizations in the County for the purposes of acquiring and/or developing facilities and open space for public recreation; and WHEREAS, the Proposition also created the Los Angeles County Regional Park and Open Space District (the District) to administer said funds; and WHEREAS, the District has set forth the necessary procedures governing applications for grant funds under the Proposition; and WHEREAS, the District procedures require the Applicant to certify, by resolution, the approval of the application before submission of said applicant to the District; and WHEREAS, the application form contains assurances that the Applicant must comply with; and WHEREAS, the Applicant certifies through this resolution; that the application is approved for submission to the District; and WHEREAS, the Applicant will enter into a Project Agreement with the District for the performance of the project as described in the applicant; NOW THEREFORE, BE IT RESOLVED THAT THE CITY OF DIAMOND BAR HEREBY: 1. Approves the filing of an application with Los Angeles County Regional Park and Open Space District for funds allocated under Section 3(c)(1) of the Proposition for the above-named Project; and 2. Certifies that said Applicant understands the assurances and certifications in the application form; and 3. Certifies that said Applicant understands its obligations to operate and maintain the property in perpetuity; and 4. Certifies that said Applicant will sign and return within 30 days, both copies of the project agreement sent by the District for authorizing signature; and 5. Authorizes the City Manager, or designee, as agent of City of Diamond Bar to conduct all negotiations, and to execute and submit all documents including, but not limited to, applications, agreements, amendments, payment requests and so forth, which may be necessary for completion of the project as described in the application. Approved and Adopted this day of , 1998. Mayor I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, California do hereby certify that the foregoing Resolution Number 98- was duly and regularly passed and adopted by the City Council of the City of Tiamond Bar, California, at its adjourned regular meeting held on the day of 1998, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Lynda Burgess, City Clerk City of Diamond Bar Resolution No. 98 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT PER PARCEL DISCRETIONARY GRANT PROGRAM FOR PANTERA PARK WHEREAS, the people of the County of Los Angeles on November 3, 1992 and on November 5, 1996, enacted Los Angeles County Proposition A, Safe Neighborhood Parks, Gang Prevention, Tree Planting, Senior and Youth Recreation, Beach and Wildlife Protection (the Proposition), which, among uses, provides funds to public agencies and nonprofit organizations in the County for the purposes of acquiring and/or developing facilities and open space for public recreation; and WHEREAS, the Proposition also created the Los Angeles County Regional Park and Open Space District (the District) to administer said funds; and WHEREAS, the District has set forth the necessary procedures governing applications for grant funds under the Proposition; and WHEREAS, the District procedures require the Applicant to certify, by resolution, the approval of the application before submission of said applicant to the District; and WHEREAS, the application form contains assurances that the Applicant must comply with; and WHEREAS, the Applicant certifies through this resolution; that the application is approved for submission to the District; and WHEREAS, the Applicant will enter into a Project Agreement with the District for the performance of the project as described in the applicant; NOW THEREFORE, BE IT RESOLVED THAT THE CITY OF DIAMOND BAR HEREBY: 1. Approves the filing of an application with Los Angeles County Regional Park and Open Space District for funds allocated under Section 3(c)(1) of the Proposition for the above-named Project; and 2. Certifies that said Applicant understands the assurances and certifications in the application form; and 3. Certifies that said Applicant understands its obligations to operate and maintain the property in perpetuity; and CITY COUNCIL REPORT AGENDA NO. 91 MEETING DATE: April 7, 1998 TO: Honorable Mayor and Members of the City Council '� FROM: Terrence L. Belanger, City Manage SUBJECT: MATTER OF OPPOSITION TO PROPOSITION 223, "SCHOOLS, SPENDING LIMITS ON ADMINISTRATION" ISSUE STATEMENT: Proposition 223, which is on the June 2, 1998 ballot, prohibits school districts from spending more than 40 of its funds for administrative costs. This measure is another in a series of measures that remove local control from community school districts and severely restrict local school boards' ability to allocate resources in accordance with constituents' demands. RECOMMENDATION: It is recommended that the City Council take a position in opposition to Proposition 223, "Schools, Spending Limits on Administration." FINANCIAL STATEMENT: N/A TLB: lb RESOLUTION NO. 98 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR OPPOSING JUNE 2, 1998 BALLOT MEASURE PROPOSITION 223 WHEREAS, a ballot measure has been placed on the June 2, 1998 State primary election ballot, known as Proposition 223 the so=called "95-5" initiative; and WHEREAS, Proposition 223 would mandate that no more than five percent (5%) of all funds received by school districts shall be expended on administrative costs, as defined by the measure; and WHEREAS, Proposition 223 would penalize every school district which fails to comply with any provision of the initiative by a State Board of Education fine of an amount equal to five (5%) of the basic per -ADA revenue limit times total ADA; and WHEREAS, Proposition 223 includes in the five percent (5%) limit: school police, school bus maintenance and operations, curriculum development, supervision of instruction, staff development, data processing, payroll, accounting, personnel, bulk purchasing and warehousing, as well as, general school district administration (Board and Superintendent); and WHEREAS, Proposition 223 is another attempt to effectively destroy local governance, in California and in Diamond Bar, by eliminating the discretion of locally elected officials to allocate community resources in the manner demanded by the community; and WHEREAS, Proposition 223 is another in an ever-increasing line of statewide measures, which abuse and despoil the intent of initiate, referendum and recall that were envisioned by the early 1900's reformers as last resort direct democracy alternatives; not as political office campaign marketing tools; and WHEREAS, Proposition 223 is an example of the unsettling proclivity of political entrepreneurs to circumvent our democratic republic governmental form as evidenced by the fact that between 1917 and 1978 there were about a total of ten (10) statewide propositions; but, between 1978 and 1998 there have been two hundred twenty (220) statewide propositions; and WHEREAS, Proposition 223 is the most egregious form of local governance circumvention because it destroys the very foundation upon which our system of governance has been built, i.e., the right of locally elected officials to make decisions on behalf of those that elect them; and WHEREAS, Proposition 223 deserves to be and should be soundly defeated on June 2, 1998; and NOW THEREFORE BE IT RESOLVED that the City Council of the City of Diamond Bar does and hereby opposes the passage of statewide measure Proposition 223, at the June 2, 1998 State primary election. PASSED, APPROVED AND ADOPTED this day of , 1998. Mayor I, TOMMYE NICE, Deputy City Clerk of the City of Diamond Bar do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council of the City of Diamond Bar held on the 21 st day of April, 1998, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: Deputy City Clerk of the City of Diamond Bar Schools. Spending Limits on Administration. Initiative Statute. Official Title and Summary Prepared by the Attorney General SCHOOLS. SPENDING LIIVIITS ON ADAHNISTRATION. INITIATIVE STATUTE. Prohibits school districts from spending more than five percent of funds from all sources for costs of general administration, instructional resources supervision, and supervision of instruction, beginning fiscal year 1999-2000. • Regiiires State Board of Education to fine districts failing to comply. Requires districts to publish percentage of funds expended on administrative costs annually, report expenditure information to State Board of Education, and undertake performance audits and fiscal efficiency reviews every five years. • Requires districts to develop systems which indicate the intended contribution of each projected expenditure to the achievement of specific performance objectives. Summary of Legislative Analyst's Estimate of Net State and Local Government Fiscal Impact: • This measure would require school districts to reduce administrative costs (as defined by the measure) by up to $700 million. To comply with this requirement, districts could more accurately account for administrative costs, move operations from central locations to school sites, and reduce administrative spending. • The measure also would result in costs of around $10 million annually for performance based budgeting, and around $20 million every five years for auditing requirements. Analysis by the Legislative Analyst Background California's 994 public school districts receive funds from federal, state, and local sources to provide kindergarten through twelfth grade (K-12) education. In the 1996-97 fiscal year, K-12 public schools spent about $34 billion from all sources. Each year, school districts provide information on how they spend their funds to the State Department of Education—including amounts spent on administrative costs. In general, districts determine what portion of their funds will be spent on administration. Proposal The proposition has two main provisions. First, it limits the amount each school district can spend on administrative costs. Second, it establishes new performance budgeting requirements. Limit on Administrative Costs. The proposition requires each school district, beginning in 1999-00, to limit certain administrative costs to 5 percent of all funds received. These funds include all federal, state, and local support. The remaining funds, which would be at least 95 percent of the total, must be spent on "direct services." The proposition defines these terms as follows: • Administrative Costs. Activities involving central school district management—such as general district administration and central data collection. • Direct Services. Services that directly serve students, school site employees, and school facilities—such as salaries of classroom teachers., Some expenses are easy to classify according to the proposition's definitions. For example, the salaries of classroom teachers would always be considered a direct service, and school board and superintendent expenses would be considered administrative costs. Other expenses are harder to classify. For instance, printing and duplication expenses would be considered an administrative cost if a district duplicates or prints materials for a school site at a central location. However, if the same materials were duplicated or printed at a school site, the expense would be considered a direct service. Performance Budgeting. This measure also requires each school district, beginning in 1998-99, to link its annual budget to specific outcome objectives related to improving student performance. The measure does not detail how this performance budgeting would 16 P98 BALLOT MEASURES. APPLICATION. Legislative Constitutional Amendment Put on the Ballot by the Legislature COURTS. SUPERIOR AND MUNICIPAL COURT CONSOLIDATION. Legislative Constitutional Amendment Put on the Ballot by the Legislature BALLOT MEASURE SUMMARY Requires statewidellocal ballot measure to apply in all parts of jurisdiction, regardless of how parts of jurisdiction voted, Prohibits alternative versions of a measure from becoming law based upon specified vote percentage. Fiscal Impact: The number of measures this proposition would affect in the future, and the resulting fiscal impact, cannot be estimated. Provides for consolidation of superior and municipal courts in county upon approval by majority of county's superior and municipal court judges. Makes related changes to court system. Fiscal Impact: Potential annual net savings to the state, in the range of millions to tens of millions of dollars in the long term, to the extent that most superior and municipal courts consolidate. SUBORDINATE This measure grants Commission on JUDICIAL Judicial Performance discretionary OFFICERS. authority to discipline subordinate DISCIPLINE. judicial officers according to same Legislative standards as judges, as apec�fled, by California Supreme Constitutional subject to review Court. Fiscal Impact: Probably minor, if Amendment any, costs to the state. Put on the Ballot by the Legislature MURDER. PEACE OFFICER VICTIM. SENTENCE CREDITS. Legislative Imtiativb Amendment Put on the Ballot by the Legislature SCHOOLS. SPENDING LEMT 'S ON ADMINISTRATION. Initiative Statute Put on the Ballot by Petition Signatures Provides second degree murder of peace officer on duty is punishable by life in prison without parole where agmavating factors are present. Eliminates duplicative provision. Disallows person convicted of murder from earning credits to reduce the prison sentence. Fiscal Impact: Probably minor additional state costs. Prohibits school districts from spending more than five percent of funds from all sources for administrative costa. Authorizes fines for failure to comply. Fiscal Impact: Requires school districts to reduce administrative costs (as defined byy the measure) by up to $700 million. comply with this requirement, districts could more accurately account for administrative costs, move operations from central locations to school sites, and reduce administrative spending. AYES vote on this measure means: State and local ballot measures would apply in the same way in all parts of the jurisdiction (that is, the state or a local government) affected by the measure, regardless of how any individual pail of that urisdiction voted. In addition, allot measures could not contain different provisions that would be enacted depending on the percentage of votes cast in favor of the measure. A YES vote on this measure means: Superior and municipal courts within a county could consolidate into a single superior court if approved by a m ority of superior court juges and a majority of municipal court judges in the county. A YES vote on this measure means: The California Commission on Judicial Performance could, at its discretion, oversee and discipline court commissioners and referees. A YES vote on this measure means: Persons convicted of murder would no longer be eligible to receive credits for good: conduct or participation in work or education programs that reduce the time they must stay in prison. Also, a law enacted last year by the Legislature and Govsmor establishing a penalty of life imprisonment without possibility of parole for the second degree murder of a peace officer under certain circumstances would be replaced by a virtually identical law enacted by the voters. AYES vote on this measure means: School districts could spend no more than 5 percent on central administrative coats. The remaining money, at least 95 percent of total funds, would have to be spent on direct services to students, schoor site employees, and school facilities. A NO vote on this measure means: Current laws affecting ballot measures would not be changed. A NO vote on this measure means: Superior and municipal courts would remain separate. A NO vote on this measure means: Presiding judges of local courts would continue to be responsible fot oversight and discipline of court commissioners and referees. A NO vote on this measure means: Most persons convicted of murder would continue to be eligible for credits that reduce the time they stay in prison. Also, a law enacted last year by the Legislature and Governor establishing a penalty of life imprisonment without possibility of parole for the second degree murder of a peace officer under certain circumstances would not be replaced by one enacted by the voters. A NO vote on this measure means: School districts would continue to decide what portion of their budgets is spent on central administration and direct services. P98 work in school districts. Districts would be required to obtain an independent evaluation of the impact of performance budgeting every five years beginning in 2004-05. Penalty for Noncompliance. Any school district that fails to comply with the administrative expenditure limit or performance budgeting requirements would be fined by the State Board of Education. Based on the provisions in the measure, the penalty would be about $175 per student. Fiscal Effect Based on available information and current reporting practices, school districts spend an average of 7.3 percent on administrative costs. This is about $700 million more than permitted under the proposition. About 95 percent of school districts have administrative costs exceeding 5 percent. These districts would have three basic options to come into compliance with the 5 percent cap, and thus avoid any penalties: • More Accurately Account for Administrative Costs. Districts would want to ensure they were accurately accounting for administrative costs. For instance, a district might now be accounting for an administrator's time entirely within central administration even if the person spends time providing direct services at schools. If this proposition passes, the district would probably more precisely track the time employees work on direct service and administrative tasks. • Move Operations to Schools. In addition, districts above the 5 percent cap could consider moving central office duties to the school -sites. For example, districts could move centralized facilities management or printing to the schools. Generally speaking, this option would not change the tasks that a district currently performs, but it would change how and where those tasks are done. • Reduce Spending on Administration. Districts still over the cap would have to make real reductions in spending on administration. Since administration consists primarily of personnel costs, districts would have to eliminate and/or combine positions. Districts would spend any savingson direct services at schools. Given the size of the penalty for being over the 5 percent cap, we think it is unlikely that many districts would exceed the limit. Thii is especially true after a year or two, after districts had sufficient time to adjust to the cap. however, districts that are unable to meet the 5 percent cap would: pay a penalty of approximately $175 per student, presumably from the instructional portion of their budget. Any penalty funds collected would be redistributed to schools by the Legislature as part of the annual budget process. Performance Budgeting. We estimate costs of around $10 million annually for the implementation of performance budgeting. The actual cost of the yearly performance budgeting requirements would depend on how school districts address these provisions. In addition, we estimate costs of around $20 million every five years for school districts to obtain the independent performance audits .required by the measure. Generally speaking, all of these new costs would have to be accommodated within the 5 percent portion of the new expenditure cap. This means that school districts would have to provide funds for these new requirements by eliminating or reducing some other activities within the 5 percent portion. For the text of Proposition 223 see page 68 P98 17 lbxt of Proposed Tawe—Continued shall suffer death, confinement in the state prison for life without the possibility of parole, or confinement in the state prison for a term of 26 years to life. The penalty to be applied shall be determined as provided in Sections 190.1, 190.2, 190.3, 190.4, and 190.5. Except as provided in•.subdfvision (b) or (e) , (c), or (d) , every person guilty of murder in the second d shall suffer confinement m on the state- for a team ofears to life. E:cep! as preYided in-a+ebdirisies (�eaceng �vibb 63eebien 9989E sf �apter � e!'�tle � of Parb S shall apti$' to reduce team of ifr W, or 26 yam M the sbabbe *Me seebiesr; but the perbe released w parole prior to that aimec (b) Except as provided in subdivision (e), eve person.$uilty of murder in the second degree shall suffer confinement to the state prison.for a term of ZS years to liftithe victim was a peace officer, as defined in subdivision (a) of Section 830.1, subdivision (a) or (b) of Section 830.2, or Section 830.5, who was killedwhile ennggaagged in the per/ormance his or her duties, and the defendant knew, or reasonably should have known, that the victim was such a peace of icer engaged in the performance of his or her duties. (bl (c) Every person guilty of murder in the second degree shall suffer confinement in the state prison for a term of 416 years is life without the posaibi, o,�'palvlr if the victim was a peace officer, as defined ins vision (a) of Section 830.1, subdivision (a) or (b) of Section 890.2, or Section 890.6, �►ho was killed while engaged in the performance of his or her dunce, and the defendant knew, or reasonably shoo_ ld have known, that the victim was such a peace officer eatlaged in the performance of his or her duties ,and any of the iloowing foots has been charged and found true: (1) The defendant specifically intended to kill the peace officer (2) The defendant specifically intended to inflict great bodily injury, as defined in Section 12022.7, on a peace officer. (3) The defendant personally used a dangerous or deadly weapon in the commission of the offense, in violation of subdivision (b) of Section 12022. (4) The defendant personally used a firearm in the commission of the offense, in violation of Section 12022.5 . Aatiele 41:6 (commenting with 6eetiea 9989) of Ghepber -7 of Title -1 of Part $ shall net apply to redttee any term of 416 years is the ebnte prison M hen bbe person is gailty of anurder is the Second degree and the viebim was a peace ef4`eeer, as defined in this Subdivision, and the person shall not be released prier to Sewing" 416 years eeafinemenb: W (d) Every person guilty of murder in the second degree shall suffer confinement in the state prison for a term of 20 years to life if the killing was perpetrated by means of shooting a firearm from a motor vehicle, intentionally at another person outside of the vehicle with the intent to inflict great bodily injury - (e) 2.5 (commencing with Section 2930) of Chapter 7 of Title 1 of Part 3 Shell does not apply to reduce any minimum term of 90 years in the si11 prison when blse Peram is i of murder it a eeeend de6ree anal ie enbjeet to this but the perces( sob ebheSe be releaSeel en parole prier to that time: a sentence imposed pursuant to this section. A person sentenced pursuant to this section may not be released on parole prior to serving the minimum term of confinement prescribed by this section. Proposition 223: Text of Proposed Law This initiative measure is submitted to the people in accordance with the provisions of Article. II, Section 8 of the Constitution. This initiative measure adds sections to the Education Code; therefore, new provisions proposed to be added are printed in italic type to indicate that they are new. PROPOSED LAW EDUCATIONAL EFFICIENCY INITIATIVE SECTION 1. Part 26.2 (commencing with Section 46650) is added to the Education Code, to read: PART 26.2. EDS EFFICIENCY TME CHAPM 1. DiMGNANON 46650. This act shall be known as the California Educational Efficiency Act. CHAPm 2. Pvxross 46651. It is the intent of this initiative to require that no less than ninety five cents ($0.95) of each dollar appropriated for elementary and secondary public education be contributed in an accountable manner to the academic value of the actual in -school educational experience of pupils so that ninety-five cents ($0.95) of each dollar is nt on direct services to pupils, schoolaite employees, and achoel tea. It is the further intent of this initiative to do all of the Mowing: schools. reduce the cost of non -school administration in public (b) 7b mandate that existing state educational funds be efficiently spent to educate our children. (c) 7b allow increased school effectiveness without additional taxes. (d) To allow a decrease in student/teacher ratio without additional taxes. (e) 7b guarantee that any additional newfunding for public education will go to schools and classrooms f r t. (f) 7b increase'the accountability of the school districts to the citizens of California. (9) 7b sanction school districts that fail to be efficient. (h) 7b give the community greater decisionmaking authority over their schools. CHAFFER 3. DEFINmoNs 46652. (a). The term "categorical program" means all those programs set forth in the Education Code that provide funding for special programs, including, but not limited to, programs established for technical schools, youth and adult offenders, adult education, science achievement, environmental education, healthy start program, parenting education, pregnant minors, summer school for the arts, early ,primary education, academic partnership, school libraries, Native American education, child nutrition allowances, school integration, year-round schools, staff development, new careers, mentor teacher, ethics and civic valises, readers for blind teachers, international studies, bilingual office employees, counseling, opportunity schools and classes, nutrition, breakfast and lunch programs, learning disabilities, educational improvement. 'Categorical program" .shall also include "orical programs receiving federal funds, including, but not limited to, special education programs (Part 30 (commencing with Section 56000) of the Education Code). (b) `Direct services to pupils" means professional services rendered directly to pupils by certificated or licensed personnel,. including, but not limited to, teachers, supervisory personnel, nurses, physicians, psychologists, counselors, audiologists, audiometrists, librarians, and other support services personnel, or all instances where pupils are the direct beneficiaries of immediate and unbrokered servicesrovided to them, such as transportation, cafeteria services, safety and security personnel protection services, and the services of a school supervisor or princif al. (c) Direct services to schoolsite employees" means immediate and unbrokered services to achoolsite employees, such as actual training or professional development sessions or classes, pobice services, school -assigned personnel providing management functions and support to the school supervisor or principal, and the services of the school supervisor or principal. (d) Direct services to school facilities" means the labor and material costs o the actual physical deamaintenance, and improvement of school nschool facilities exclusive otany central district 68 P98 handling, administration, or overhead costs, and services of the school -assigned plant manager, if any. (e) "General administration" means those activities involving the governing board of a school district, activities relating to the executive responsibility of the school district, activities associated with central data p'roeessing, central support, activities associated with fiscal services, and other general administrative services. For purposes of the definition of general administration, the following terms have the following meanings: (1) "Board" means the activities of the elected body that has been created under the applicable provisions of law and that has responsibility for the educational activities over which the elected body has jurisdiction. These activities may include; but are not limited to, supervision over services of the board, services related to the election of members of the board, services related to property tax assessment and collection, and services related to empployee relations and negotiations. (2) "Central data processin "includes, but is not limited to, in-house services provided from a mainframe computer or minicomputer as well as the costs of centralized services provided by another agency. Central data processing does not include smaller specialized units such as microcomputers or personal computers. (3) "Central support" means activities relating to paying, transporting, exchanging, and maintaining goods and services for the school district. These activities include,'but are not limited to, planning, research development and evaluation services; the provision of public information; purchasing; warehousing and distribution; andrinting, publishing, and duplicating. For purposes of the definition of central support, the ffollowing terms have the follows meanings: (A) "Development services" include, but are not limited to, activities relating to the deliberate evolving process of improving educational programs, such as activities using the products of research. (B) `Evaluation services" include, but are -not limited to, activities relating to ascertaining or judging the value or amount of an action or an outcome through the careful appraisal of previously specified data in light of the particular situation and the goals previously established (C) Planning services" include, ' but are not limited to, . activities relatiig to the selection or identification of the overall, long-range goals and priorities of the school district and the formulation of various courses of action needed to achieve those goals through the identification of needs and relative costs and benefits of each course of action. (D) Printing, publishing, and duplicating" means activities relating to the printing and publishingg o administrative publications, such as annual reports, sch001directories, and manuals. These activities also include centralized services for duplicating school materials and instruments, such as school bulletins, newsletters, and notices. (E) "Public information" means activities relating to the writing, editing, and other preparation necessary to disseminate educational and administrative information to the. public through various news media or through personal contact. (F) Purchasing" means activities relating to the purchasing, of supplies, furniture, equipment and materials used in schools or a school district. (G) "Research services" include, but are not limited to, activities relating to the systematic study and investigation of the* various aspects of education undertaken to establish facts and rinciples. ( "Warehousing and distribution" means the receipt, storage, and distribution of supplies, furniture, equipment, materials, and mail. (4) 'Executive" means the activities relating to the executive responsibility of a school district, including, but not limited to, services pertaining to the o#1ce, of the county superintendent of schools, to community relations, and to state and federal relations. (5) "Fiscal services" means activities relating to the fiscal operations of a school district. Fiscal operations include, but are not limited to, budgeting, receiving and disbursing funds, P98 Text of Proposed Laws—Continued financial and property accounting, payroll, inventory control, internal auditing, and managing funds. For purposes of the definition of fiscal services, the following terms have the following meaning: (A) Budgeting" means activities relating to the supervision of budget planning, formulating, control, and analysis. (B) `Financial accounting" means activities relating to the maintenance of records of the financial operations and transactions of the school district, including, but not limited to, accounting and interpreting financial transactions and account records. (C) "Internal auditing" means activities relating to the verification of account records, including the evaluation of the adequacy of the internal control system, such as verification and safeguarding. (D) Payroll" means activities relating to the periodic payment of individuals entitled to remuneration for services rendered to a school district (E) `Property accounting" means activities relating to the preparation and maintenance of current inventory records of land, buildings, and equipment owned or leased by a school district as used for equipment control and acilities planning. (F) "Receiving and disbursing funds" means activities relating to taking in and paying out money, including, but not limited to, the current audit of receipts, the preaudit of requisitions or purchase orders to determine whether the amounts are within the budgetary allowance and to determine that the disbursements are lawful expenditures of a school or a school district, and the management of school funds. (6) "Personnel" means activities relating to the maintenance Of an efficient staff' for schools under the jurisdiction of a school district. (7) "Other general administrative services" means other general administrative services of a school district not defined in this section. (17 `Instructional resources sic ervision" means overall management and maintenance of the resources to instruct pupils and activities and materials used by pupils to enhance learning (g) Supervision of instruction" means activities undertaken primarily to assist instructional stay' in pini developing, nd and the process. of providing learnaning experiencefor pupils. These activities include curriculum develapatent, instructional research, instructional staff' development, instructional supervision, and the organizing and comminating o training o staff`' in techniques for instruetim child development and understanding: For purposes of the de Ndhon of supervision of instruction, the following terms how the following meanings: (1) "Curriculum development" meani activities that aid teachers in developing the curriculum,prepaying and utilising special curriculum materials, and understanding and appreciating the various techniques that stimulate and motivate pupils. (2) "Instructional research" means activities associated with assessing programs and instruction based on research. (3) `Instructional staff' development" means activities that contribute to the professional. or occupational growth and competence of members, of the instructional staff during the time of their service to a. school or school district. These activities include the coordination of services which guide teachers in the use of instructional materials, "m nistenng sabbaticals, and providing the environment for in-sovice training. W "Instructional aupervum.mp means. activities associated with directing, managing, -and supervising instruction services. CeArrsie 4. AUocArr(�v AND SmiIVDmm or Scaooe FUNDS 46653. For the 1999-20M fiscal, year and each fiscal year thereafter,: each school district shall allocate and expend not more than 5 percent of the total aggregate amount of all funds received from state, federal, and local sources, including, but not limited to, all state and, fedesral fiends received for categorical programs, for administrative costa. Administrative costs means the sum of expenditures. under, the following categories as defined in this part: A Heat of Proposed "we—Continued (1) General administration. (2) Instructional resources supervision. (3) Supervision of instrucdwtt. CHAPTER.S. Racer. ADJWMr U1Y0N 46654. Notwithstanding an stherprpvision of law, for the 1,998-99 focal year and oathoul dear thereafter, each school district shall develop as.jxut of ift-'*udget a system that indicates the intended contribution each arojected expenditure to the achievement of ,a speci fic performance outcome objective pursuant to the school district's effort to improve puppil achievement. 46655. Rr the 2004-05 yearend every. five fiscal years thereafter, the governing of each school district shall contract to have an independent general organizational management audit which &hall include a performance audit and fiscal efficiency review undertaken to determine the degree to. which the school district has complied with this part, including the effect upon pupil achievement of the expenditures of the school district. CHAPm 6. RaPoxTnva Rwvma awn 46656. (a) For the 1996-97 fiscal yearand each fiscal year thereafter through the 1999-2040 fiscal year, each school district shall report to the State Board of Education the total expenditures under the following repor UV categories as defined by the State Department of Education:.. (1) District administration as reported in column 3 of Form J380 (XDP Nos. 400 and 401) as that form existed on June 30, 1994 or any equivalent successor to this reporting category or any subsequent form(s) which report the- same class of expenditures. (2) Instructional administration as reported in column 3 of Form J380 (EDP No. 375) as that form existed on June 30, 1994 or any equivalent successor to this reporting category or any subsequent form(s) which report the same class of expenditures. (3) Special projects administration and direct support costs as reported in column 3 of Form J380 (EDP No. 398) as that form existed on June 30, 1994 or any equivalent successor to this reporting category or any subsequent form(s) which report the same class of expenditures. (4) Centralized data process; as reported in column 3 of Form J380 (EDP No. 402) as 90form.existed on June 30, 1994 or any equivalent successor to this reporting category, or any subsequent form(s) which report the same class of expenditures. (5) Maintenance and operations administration (EDP No. 40816) as that form existed on June 30, 1994 or any equivalent successor to this reporting eategory.or any subsequent form(s) which report the same class of aures. (b) For the 1996-97 fiscal year and each fiscalear thereafter through the 1999-2000 fiscal year, .ewA schooldistrictshall compute the perceentgge of funds expended in each fiscal year for the categories set forth in subdivision (a) to the total aggregate expenditures of all funds received from state, federal, and local sources, including, but not limited to, all state and federal funds received for categorical programs. Eaeh.school district annually shall publish the percentage calculated under this subdivision in a form that is easily understood by the general public and shall make the publication readily available to the general public. (c) For purposes of this section and notwithstanding Section 46652 or an other provision of law, a school district may use the standardized account code structure published by the- State Department of Education pursuant to Chapter 237 of the Statutes of 1993. (d) For the 2000-01 fiscal year and each fiscal year theraeaf ter, each school district shall compute the sum of expenditures under general administra"tion, supervision of Lnstruction, and instructional resources supervision as defined in Section 46652 as a percentage of the total aggregate expenditures of all funds received from state, federal and local sources, including, but not limited to, all state and federal funds received for categorical programs. Each school district annually shall publish the percentage calculated under this subdivision in a form that is easily understood by* the general public and shall make the publication readily available to the general public. CHAP= 7. SANC77ONS 46657. Any school district that fails to comply with this part shall be su1ject to -sanctions as described in this chapter. The State Board of Education shall fine each school district 25 dollars per unit of ADA, or fine percent of basic per -ADA revenue limit times total ADA, whichever is the greater, computed on the ADA basis of the fiscal year preceding thending of noncompliance. There shall be public notice of violafitions at a regular governing board meeting. GENERAL PROVISIONS SEC. 2. IMPLEMENTATION The provisions of this initiative shall be implemented as quickly as possible. Agencies of the state are prohibited from taking any action which delays implementation of this initiative or of any provision thereof. Any delay in implementation shall not invalidate this initiative or any provision thereof. The Le slature may amend this act only to further its purpose by a bill passed by a vote of two-thirds of the Le ''slature and sign b the Governor. SEC. 3. LIMITATION OF ACTIONS Any action or proceeding contesting the validity of this initiative, say provision of this initiative or the adoption of this initiative shall be commenced within six months. of the date of the election at which this initiative is approved; otherwise this initiative and all of its provisions shall be held valid, legal and uncontestable. However, this limitation shall not of itself preclude an action or proceeding to challenge the application of this initiative ar any of its provisions to a particular person or circumstance. SEC. 4. SEVERABILITY If any provision of this initiative or the application thereof to any person or circumstance is held invalid, the remaining provisions and their applications shall remain in force. To this end, the provisions of this initiative are severable. Proposition 224: Teat of Proposed Law This initiative measure is submitted to the people in accordance with the provisions of Article II, Section B of the Constitution. This initiative measure expressly amends the Constitution by adding a section thereto; therefore, new provisions proposed to be added are printed in italic type to indicate that they are new. PROPOSED AMENDMEw To ARTICLE vii SECTION 1. TITLE This measure shall be known and may be cited as the Government Cost Savings and Taxpayer Protection Amendment. SECTION 2. PURPOSE AND INTENT It is the intent of the People of the State of California in enacting this measure that engineering, architectural, and similar services provided by the State and certain other entities 70 be furnished at the lowest cost to taxpayers, consistent with quality, health, safety, and the public interest; that contracts for such services be awarded through a competitive bidding process, free of undue political influence; and that contractors be held fully responsible for the performance of their contracts. SECTION 3. REQUIREMENTS FOR CONTRACTS FOR ENGINEERING, ARCHITECTURAL, AND SIMILAR SERVICES Section 12 is added to Article VII of the Constitution, to read: SEC. 12. (a) This section shall apply to contracts for engineering, architectural, landscape architectural, surveying, environmental, or engineering geology services awarded by the State of California or by any state agency to any public or private entity. As used in this section, "state agency" means every state office, officer, agency, department, division, bureau, board, and commission but does not include the University of OE C-) WALNUT VALLEY UNIFIED SCHOOL DISTRICT vo 964 INITIATIVE RESOLUTION NO- WVUSD W-13 WHEREAS, Me so-called "95-5" Initiative has qualified for the next statewide ballot; and WHEREAS, the Initiative proposes that, beginning in the 1999-2000 fiscal year. and every year thereafter, no more than five percent of all funds received by school districts (all federal, state and local revenue) shall be expended on administrative costs, as defined by the measure; and WHEREAS, the Initiative proposes that, beginning in the 1998-99 fiscal year and every year. thereafter, each school district shall include in its budget a system indicating the contribution of each expenditure to the achievement of a specific performance objective pursuant to the district's effort to improve pupil performance; and WHEREAS, the Initiative states that every district failing to comply with any provision of the initiative shall be fined by the State Board of Education an amount equal to five percent of the basic per -ADA revenue limit times total ADA; and WHEREAS, the penalty for the Walnut Valley Unified School District would total approximately $550,000 if the district was to be found out of compliance; and WHEREAS, the Initiative includes in the five percent , and thus subject to reduction, certain school district costs that protect the safety of students, such as school bus maintenance and repair; and WHEREAS, the Initiative includes in the five percent, and thus subject to reduction,ain school districts costs that provide and protect the quality of educational services provided to studen , such as curriculum development, staff development, and supervision of instruction; and WHEREAS, the Initiative reduces fiscal efficiency by reducing district services provided to school sites, such as data processing, payroll, accounting, bulk purchasing, and warehousing; and WHEREAS, the Initiative will increase administrative costs at school sites as they assume more administrative responsibilities from the district and WHEREAS, the Initiative will increase administrative costs in school districts as they carry out the mandates contained in the Initiative; WHEREAS, the Initiative is opposed by several major statewide educational organizations, including the California State PTA, California School Boards. Association, Association of California School Administrators, California School Employees Association, Service Employees International Union, California County Superintendents Educational Services Association, California Association of School Business Officials, and Superintendent of Public Instruction Delaine Eastin; now therefore, be it RESOLVED that the Governing Board of the Walnut Valley Unified School District this twenty- first day of January, OPPOSES THE SO-CALLED 9515 INITIATIVE. APPROVED, and adopted this 21st day of January, 1998, by unanimous vote of the Board of Trustees of the Walnut Valley Unified School District I, Ronald W. Hockwalt, Secretary of the Walnut Valley Unified School District, State of California, do hereby certify the foregoing to be a true and correct copy of a resolution adopted by the governing body of the aforesaid school district at a regular meeting held on the 21st day of January, 1998, as the same appears on record in my office. Dated: January 21, 1998 Ronald W. Hockwalt, Ed. D. -Secretary AGENDA NO. 8.2 NO DOCUMENATION AVAILABLE Diamond Mir Ranch Festival Carol Herrera, Mayor City of Diamond Bar Diamond Bar Ca. 91765 Dear Carol. Due to personal family ditticulties. I am askinq for a continuance to April for the Ranch Festival Financial information requested. Thank you for your consideration. Sin IV, Steve Jo nson Past Pr ident Diamond Bar Ranch Festival rn OD 1249 So. Diamond Bar Boulevard, #249 e Diamond Bar, CA 91765 * (909) 860-2969 e Fax (909) 861-1219 A California Non-profit Public Benefit Corporation wYb RESOLUTION NO. 98 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR OPPOSING THE ELIMINATION OF VEHICLE LICENSE REVENUE AS PROPOSED IN AB 1776, SB1723 AND SB2001 WHEREAS, vehicle license fee revenue annually provides three billion seven hundred million dollars ($3.7 billion) to cities and counties, in California; and WHEREAS, the City of Diamond Bar annually receives two million five hundred thousand dollars ($2,500,000), which represents twenty-five percent (25%) of the City's General Fund revenues; and WHEREAS, legislation proposed (AB1776, SB1723 and SB2001) in the 1998 State legislative session would eliminate vehicle license fee revenue as a source of revenue for local government; and WHEREAS, vehicle license fee (VLF) revenue, which is the only state revenue received by Diamond Bar for general fund purposes, is a constitutionally protected revenue source for cities and counties, as result VLF revenue is a reliable source of revenue; and WHEREAS, AB1776 and SB1723 would eliminate. VLF revenue and proposes to provide an alternative revenue source of unknown reliability, amounts, timeframe and type, with no constitutional guarantees; while, SB2001 eliminates VBLF completely with no revenue alternatives; and WHEREAS, all three legislative proposals are "copycat" attempts to utilize the legislation as campaign marketing tools for those seeking political office, without regard for the financial stability of local government or the capability of people in local communities to engage in "homerule" self -governance; and WHEREAS, if the legislations' disingenuous proponents do sincerely believe that $3.7 billion tax relief is feasible and necessary, then they should propose legislation that provides such relief from exclusive State revenue sources: personal and corporate income taxes; not local governmental revenue sources. NOW THEREFORE BE IT RESOLVED that the City Council of the City of Diamond Bar does and hereby expresses its opposition to AB1776, SB1723 and SB2001. PASSED, APPROVED AND ADOPTED this day of 51998. Mayor I, TOMMYE NICE, Deputy City Clerk of the City of Diamond Bar do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council of the City of Diamond Bar held on the 21 st of April, 1998, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: Deputy City Clerk of the City of Diamond Bar AGENDA NO. 9.2 NO DOCUMENATION AVAILABLE REDEVELOPMENT AGENCY OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE BOARD OF DIRECTORS APRIL 7, 1998 1. CALL TO ORDER: Chairman Huff called the meeting to order at 10:20 p.m. in the SCAQMD Auditorium, 21865 E. Copley Dr., Diamond Bar, California. ROLL CALL: Agency Members Chang, Herrera, O'Connor, VC/Ansari, C/Huff 2. PUBLIC COMMENTS: None offered. 3. CONSENT CALENDAR: AM/O'Connor moved, AM/Chang seconded, to approve the Consent Calendar. Motion carried by the following Roll Call vote: AYES: AGENCY MEMBERS - Chang, Herrera, O'Connor, VC/Ansari, Chair/Huff NOES: AGENCY MEMBERS - None ABSENT: AGENCY MEMBERS - None 3.1 APPROVED MINUTES - Regular Meeting of March 17, 1998 - as submitted. 3.2 APPROVED VOUCHER REGISTER - dated April 7, 1998 in the amount of $268.42. 4. PUBLIC HEARINGS: None 5. OLD BUSINESS: None 6. NEW BUSINESS: None 7. AGENCY MEMBER COMMENTS: None AGENCY ADJOURNMENT: There being no further business to conduct, C/Huff adjourned the meeting at 10:23 p.m. ATTEST: Chairman LYNDA BURGESS, Agency Secretary DIAMOND BAR REDEVELOPMENT AGENCY INTEROFFICE MEMORANDUM TO: Chairman Huff and Board of Directors FROM: Linda G. Magnuson, Finance Director SUBJECT: Voucher Register, April 21, 1998 DATE: April 16, 1998 Attached is the Voucher Register dated April 21, 1998 for the Diamond Bar Redevelopment Agency. The checks will be produced after any recommendations and the final approval is received. Payment of the listed vouchers in the amount of $12,781.00 is hereby allowed from the Diamond Bar Redevelopment Agency Fund. APPROVED BY: Linda G. Ma son Assistant Finance Director Terrence L. Belanger Executive Director Robert S. Huff Chairman Eileen R. Ansari Vice Chairman 4" ; 000-_-----'f I "j-.6- Al f -Feb Tr—I :E tSN"R -------- 2 7 -4111C-52221 4 42 I.n L :3 1 :'mEFAIJ AMOUNr ...... 7,5764.00 TOT -1 DUE VENf," -------- o.cd) `2 41 0 - 0 1 412 1, 1,�97.50 T 01 T A L -vUr, V6430R -------- 1,69 .50 IIEPAID ------------ rR 7 9' 4. Xj 'Ai uE--------------- 317.00 STUDY SESSION: School Traffic Study 1. CLOSED SESSION: 2. CALL TO ORDER: PLEDGE OF ALLEGIANCE: INVOCATION: ROLL CALL: Next Resolution No. 98 - Next Ordinance No. (1998) 4:00 p.m., Room CC -2 6:30 p.m. April 21, 1998 Mayor Father Olin Mayfield, St Denis Catholic Church Council Members Ansari, Huff, O'Connor, Mayor Pro Tem Chang, Mayor Herrera APPROVAL OF AGENDA: Mayor 3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 3.1 Proclaiming May 4-8, 1998 - as "Hire -A -Veteran Week." 3.2 Proclaiming May, 1998 as "Water Awareness Month." 3.3 Proclaiming April 26 to May 2, 1998 as "Child Passenger Safety Week." 3.4 Presentation of Certificate of Recognition to Sharon Butler, recently named Mrs. Los Angeles County. 3.5 Presentation of Certificates of Recognition to Miss Diamond Bar and her Court. 4. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Although the City Council values your comments, pursuant to the Brown Act, the Council generally cannot take any action on items not listed on the posted agenda. Please complete a Sneaker's Card and give it to the City Clerk 5. SCHEDULE OF FUTURE EVENTS: APRIL 21, 1998 PAGE 2 5.1 PARKS & RECREATION COMMISSION - April 23, 1998 - 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. 5.2 FRIENDS OF THE LIBRARY WINE TASTING SOIREE - April 26, 1998 - 2:00 to 5:00 p.m., Shilo Hilltop, 3101 Temple Ave. 5.3 SPRING CLEAN-UP - April 25, 1998 - 5.4 PLANNING COMMISSION - April 28, 1998 - 7:00 p.m., AQMD Auditorium, 21865 E.'Copley Dr. 5.5 CITY COUNCIL MEETING - May 5, 1998 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Dr. 6. CONSENT CALENDAR: 6.1 APPROVAL OF MINUTES: 6.1.1 Study Session of April 7, 1998 - Approve as submitted. 6.1.2 Regular Meeting of April 7, 1998 - Approve as submitted. Requested by: City Clerk 6.2 TRAFFIC & TRANSPORTATION COMMISSION MINUTES - Regular Meeting of February 12, 1998 - Receive and file. 6.3 VOUCHER REGISTER - Approve Voucher Register dated April 17, 1998 in the amount of Requested by: City Manager 6.4 RELEASE OF CASH BOND OF $10,000 FOR INSTALLATION OF LANDSCAPING AT 669 LEYLAND DRIVE (LOT 17, TRACT 31977, REQUESTED BY ALEX SHUMING LIANG, OWNER Recommended Action: Requested by Planning Division 6.5 CONTRACT AMENDMENT WITH INTERNATIONAL SERVICES FOR CROSSING GUARD SERVICES - Recommended Action: Requested by: Public Works Division 6.6 CONTRACT AMENDMENT WITH LANDSCAPE WEST - Recommended Action: Requested by: Community Services Division APRIL 21, 1998 PAGE 3 6.7 RESOLUTION NO. 98 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR "SAFE, PARKS ACT" / PANTERA PARK - Recommended Action: Requested by: City Manager 6.8 RESOLUTION NO. 98 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE DESTRUCTION BY THE CITY CLERK OF CITY RECORDS AND DOCUMENTS WHICH ARE NO LONGER REQUIRED AS PROVIDED UNDER GOVERNMENT CODE SECTION 34090 - G.C. Section 34090 provides that, "with the approval of the legislative body by resolution written consent of the city attorney the head of a city department. may destroy any city record, document, instrument, book or paper, under his charge without making a copy thereof, after the same is no longer required." Destruction of the materials referenced in Exhibit "A" attached to the proposed resolution is determined necessary in order to conserve storage space, reduce staff time, expense and confusion in handling information and informing the public. Recommended Action: It is recommended that the City Council adopt Resolution No. 98 -XX 'approving the destruction of certain records which are no longer required as provided by Government Code Section 34090. Requested by: City Clerk 7. PUBLIC HEARINGS: 7:00 p.m., or as soon thereafter as matters can be heard. 7.1 CONTINUED PUBLIC HEARING ZONING CODE AMENDMENT (ZCA 97-1_ PUBLIC HEARING FOR THE DRAFT DEVELOPMENT CODE, ... Recommended Action: Requested by: Planning Division 7.2 AOF RATES, FEES AND CHARGES FOR SERVICES PROVIDED BY THE BUILDING AND SAFETY, ENGINEERING, PUBLIC WORKS AND PLANNING DIVISIONS RELATED TO THE PROCESSING OF PLANNING, ZONING, BUILDING AND ENGINEERING PROJECTS, MAPS AND OTHER SUCH ACTIVITIES - Recommended Action: Requested by: Planning Division 8. OLD BUSINESS: 8.1 RESOLUTION NO. 98 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR OPPOSING PROPOSITION 223, APRIL 21, 1998 PAGE 4 "SCHOOLS, SPENDING LIMITS ON ADMINISTRATION" - Recommended Action: Requested by: City Manager 8.2 RANCH FESTIVAL FUNDING - Recommended Action: Requested by: City Manager 8.3 MID -YEAR BUDGET ADJUSTMENT - Recommended Action: Requested by: City Manager 9. NEW BUSINESS: 9.1 RESOLUTION NO. 98 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR OPPOSING SENATE BILL 1723 (SB 1723), SENATE BILL 2001(SB 2001) AND ASSEMBLY BILL 1677 (AB 1677) - Recommended Action: Requested by: City Manager RECESS TO REDEVELOPMENT AGENCY MEETING Next Resolution No. R-98-04 1. CALL TO ORDER: Chairman Huff ROLL CALL: Agency Members Chang, Herrera, O'Connor, VC/Ansari, C/Huff 2. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Agency on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Although the Redevelopment Agency values your comments, pursuant to the Brown Act, the Agency generally cannot take any action on items not listed on the posted agenda. Please complete a Speaker's Card and give it to the City Clerk (completion of this form is voluntary) There is a five minute maximum time limit when addressing the Redevelopment Agency. 3. CONSENT CALENDAR: 3.1 APPROVAL OF MINUTES - Regular Meeting of April 7, 1998 - Approve as submitted. APRIL 21, 1998 PAGE 5 Requested by: Agency Secretary 3.2 VOUCHER REGISTER - Approve Voucher Register dated April 21, 1998 in the amount of Requested by: Executive Director 4. PUBLIC HEARINGS: 5. OLD BUSINESS: 6. NEW BUSINESS: 7. AGENCY MEMBER COMMENTS: Items raised by individual Agency Members are for Agency discussion. Direction may be given at this meeting or the item may be scheduled for action at a future meeting. AGENCY ADJOURNMENT: RECONVENE CITY COUNCIL MEETING: 10. COUNCIL SUB -COMMITTEE REPORTS: 11. COUNCIL MEMBER COMMENTS: Items raised by individual Council Members are for Council discussion. Direction may be given at this meeting or the item may be scheduled for action at a future meeting. 12. ADJOURNMENT: CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO; TO: Honorable Mayor & Members of the City Council MEETING DATE: April 21,1998 REPORT DATE: April 10, 1998 FROM: Lynda Burgess, City Clerk TITLE: RESOLUTION NO. 98-XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE DESTRUCTION BY THE CITY CLERK OF CITY RECORDS AND DOCUMENTS WHICH ARE NO LONGER REQUIRED AS PROVIDED UNDER GOVERNMENT CODE SECTION 34090 SUMMARY: Government Code Section 34090 provides that, "with the approval of the legislative body by resolution and the written consent of the city attorney the head of a city department may destroy any city record, document, instrument, book or paper, under his charge, without making a copy thereof, after the same is no longer required." Destruction of the materials referenced in Exhibit "A" attached to the proposed resolution is determined necessary in order to conserve storage space, reduce staff time, expense and confusion in handling information and informing the public. RECOMMENDATION: It is recommended that the City Council adopt Resolution No. 98 -XX approving the destruction of certain records which are no longer required as provided by Government Code Section 34090. EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed X Yes _ No by the City Attorney? 2. Does the report require a majority vote? X Yes _ No 3. Has environmental impact been assessed? _ Yes X No 4. Has the report been reviewed by a Commission? _ Yes X No Which Commission? 5. Are other departments affected by the report? _ Yes X No Report discussed with the following affected departments: REVIEWED BY: DEPARTMENT HEAD: Terrence L. Belar Lynda Burgess g City Manager City Clerk RESOLUTION NO. 98 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE DESTRUCTION OF CITY RECORDS AND DOCUMENTS WHICH ARE NO LONGER REQUIRED AS PROVIDED UNDER GOVERNMENT CODE SECTION 34090 WHEREAS, it has been determined that certain City records under the charge of the following City Department are no longer required for public or private purposes: CITY CLERK WHEREAS, it has been determined that destruction of the above-mentioned materials is necessary to conserve storage space and reduce staff time, expense and confusion in handling, and informing the public; and WHEREAS, Section 34090 of the Government Code of the State of California authorizes the head of a City department to destroy any City records and documents which are over two years old under his or her charge, without making a copy thereof, after the same are no longer required, upon the approval of the City Council by resolution and the written consent of the City Attorney; and WHEREAS, it is therefore desirable to destroy said records as listed in Exhibit "A" attached hereto and made a part hereof, in storage, without making a copy thereof, which are over two years old; and WHEREAS, said records have been approved for destruction by the City Attorney. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond Bar as follows: SECTION 1. That approval and authorization is hereby given to destroy those records described as Exhibit "A" attached hereto and made a part hereof. Resolution. SECTION 2. That the City Clerk shall certify to the adoption of this PASSED, ADOPTED AND APPROVED this day of .1998. Mayor I, LYNDA BURGESS, City Clerk of the City of Diamond Bar do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of Diamond Bar held on the day of 1998, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: City Clerk of the City of Diamond Bar N m O �y4 cc W v C Z 00 .0 Q v O � L O O C- T- �I U \p cACO fA N C C •� c •O) c 01 O O O O L cc ca co co m ¢T Ct N O ClJ CO mmmm 00mma) m rn CL CL Cc U=) �Cl 000C']lf mmmmm� \\\\\ N C C C c O,O,O,O +� +� O NCO ct m m m m m 7 o I- (D (D CO fD 00000 •6.6.5.5 p52C?CU c c c c mmmmm �Om�NN� ommmmm (1) (1) a0i , �¢¢¢¢ { 00000 I � p aaaao.ct9 Cyg� wwww N N n00o0Lo°� Qw w w w E E E t o o `o `o `o ¢¢¢ m¢ n w w w w w cl L L L C L -Y Y Y Y c c c c 11 u -0 "0 "0 -0 -0 cNq cNQ (NQ cN¢ cN QEE CCJUUC.JUCJCCOmO�mL"lmmmmm 1 I 1 1 J i CiZ x J N a 0 U a) 0= U .0 7 a 46 0 c 0 U L N Q) L N O N 0- a] al m T- a N m c N m c O U� Q�7 T L co N CC C ❑ LO +� ~ o ° U) q CL U o� co co 11 CD CO LL ° rn �_ L U m CU �0-j m o \ UmmN CZ � O\ ai c aS c co Cl)c c a� 8 [1 ~ �CUCy7O� LL cCUm\ .� cLo0om O \C � °+� C O C oo In � O c � \\\ CD CO CD 000 00 0O O- '\ C 1 00 o C o N "m -V. c m ac m cc° -ul 0 c C a m u O m o fN > a� +� m . +V r ca ro C C= N\ Q U) 0 mmm 0 z °' E � 0 C C C +N C �'a U a a c �gN4 M E U N vrno tUfl N N `9 E (j) N m Q d 000 c: m L N N N� C9 -ac ° Esq 'G C) �O -- m ffpp CJ�JPJ� ccpp Q) 0) 0) m m� 07 N +� \ j�Co O 0 �� m Qp E N N O Q E Ec� c�R cD��.�m umi\LO\c m Cr] CD qc \ '61 \ \OCc33\a)tn� O c V CU F O \Q\ � L co -o O • v o_ M�M EEE �p E _ C16 cusr-•°p M. � 007 c °Cr7 co m C\CCi cc+7 0CY) C\ � c_p �C0 CC CC) cN o.Q .m w� �\u�� uN�'� OF-HI-O_C�ODUF-Qco0- -O2Q�QO�� �-OO(DOa:Oc!) 0 �r 0- 0) ai c U3 N N ng a .r � s. o ' � Cv N' p� CD CU COD CT � C� G� CD O Str CD m 0 m -o c Cr CCD O Q N CS CD CL N 0 a 0 CD o� CD rn FF UY C CD CD C1 CD cr CD CD O fD CL 0 0 F- 3 3 CD CD N c Q 3 9 O I CL N c O v c c n� El 9 CD m 0 0 2 N Q or. 0 c� s a c m -0:0 a3-0 m c N A O 0 CD cNt c c0 -r O O O c Q 0 1) CD 0 0 a N W 33'�'Sn�nn� 0 UUUUaa% c m m m m m m �o CD CD CD CD m CD N N N N N N :; a 3300000 Z 00m fEDJN�00\\\ \ cD(D\\mmOD pW NCOru D A a� N c a0 O D. 0 cn -0:0 a3-0 m c N A O 0 CD cNt c c0 -r O O O c Q 0 1) CD 0 0 a N RPR -10-1998 14:11 909 861 311? P.06 TOTAL P.02 4 d � 0. 06 U Q C .4 ri � D v d D N U m a N �L d C � G N n G U AM) C 909 861 311? P.06 TOTAL P.02 USER no: 2513 RICHARDS, wATSON & GERSHON Attorneys at Law 333 South Hope Street - 38th Floor Los Angeles, California 90071 Telephone: (213) 626-8484 Fax: (213) 626-0078 ------------------------------------------------------------- DATE: April 19, 1996 TO: Linda Burgess city of Diamond Bar RECEIVING TELECOPYING NO.: 909-861-3117 FROM: Michael Jenkins OUR FILE NO.: 10572.00001 TOTAL PAGES: (including this cover sheet) 2 DOCUMENT: signature page - Request for Destruction of Public Records (If you have difficulty receiving any pages, please telephone our service center at (213) 253-0420) Attention Fax Operator and Other Recipients This fax contains privileged and confidential information intended only for the use of the intended recipient named above. If you are not the intended recipient, you are hereby notified that any copying of this fax or dissemination of it or its contents to anyone other than the intended recipient is strictly prohibited. If you have received this fax in error, please immediately notify us by telephone to.arrange its return to us at our expense. sent: date time by CITY OF DIAMOND OAK AGENDA REPORT AGENDA N0. TO: Terrence L. Belanger, City Manager MEETING DATE: April 21, 1998 REPORT DATE: April 10, 1998 FROM: Linda G Magnuson, Assistant Finance Director TITLE: Treasurer's Report - March 31, 1998 SUMMARY: Submitted for the City Council's review and approval is the Treasurer's Statement for the month of March, 1998. 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? NIA —Yes —No 4. Has the report been reviewed by a Commission? NIA _ Yes —No Which Commission? 5. Are other departments affected by the report? NIA _ Yes —No Report discussed with the following affected departments: REVIEWED BY: DEPARTMENT HEAD: Terrence L. Belanger Linda G. Magn6sdA 0 City Manager Assistant Finance Director CITY COUNCIL REPORT AGENDA NO. MEETING DATE: April 21,1998 TO: Honorable Mayor and Members of the City Council FROM: City Manager SUBJECT: Treasurer's Statement - March 31, 1998 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 March, 1998 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 March, 1998. 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 reported. The City receives ICMA statements on a quarterly basis. The balances reported are as of December 31,1997. PREPARED BY: Linda G. Maanuson CITY OF DIAMOND BAR TREASURER'S MONTHLY CASH STATEMENT GENERAL FUND LIBRARY SERVICES FUND TRAFFIC SAFETY FUND GAS TAX FUND TRANSIT TX (PROP A) FD TRANSIT TX (PROP C) FD ISTEA FUND INTEGRATED WASTE MGT FD AIR QUALITY IMPRVMNT FD TRAILS & BIKEWAYS FD (SB 821) PARK FEES FUND S PARKS GRANT (PRP A) FD FACILITIES & PARK DEVEL. FD COM DEV BLOCK GRANT FD CITIZENS OPT -PUBLIC SAFETY FD NARCOTICS ASSET SEIZURE FD LANDSCAPE DIST #38 FD LANDSCAPE DIST #39 FD LANDSCAPE DIST #41 FD GRAND AV CONST FUND CAP IMPROVEMENT PRJ FD SELF INSURANCE FUND TOTALS SUMMARY OF CASH: DEMAND DEPOSITS: INVESTMENTS: March 31, 1998 $12,370,028.38 $1,057,518.90 $910,818.32 ($200,000.00) $12,316,728.96 109,326.45 434.13 108,892.32 11.11 11.11 2,531,902.06 200,671.70 2,732,573.76 1,596,411.46 80,743.30 63,062.90 1,614,091.86 2,098,607.74 48,495.00 (88,970.21) 2,058,132.53 10,280.43 10,280.43 165,375.55 4,024.82 161,350.73 109,650.56 13,499.32 1,442.65 121,707.23 28,459.55 28,459.55 572,207.12 (130,852.88) 441,354.24 (2,083,874.96) 1,603,211.00 25,566.64 (455,097.32) 1,319,637.84 1,319,637.84 (84,817.38) 4,118.15 (140.00) (89,075.53) 266,634.73 266,634.73 310,778.89 310,778.89 360,953.91 6,054.64 354,899.27 102,951.94 20.61 8,260.24 94,712.31 259,627.26 7,698.65 251,928.61 139,130.78 139,130.78 191,171.44 448,110.58 394,396.45 137,457.31 737,741.55 737,741.55 $21,112,196.41 $3,004,159.83 $1 454,025.08$0.00 $22,662,331.16 GENERALACCOUNT PAYROLL ACCOUNT CHANGE FUND PETTY CASH ACCOUNT TOTAL DEMAND DEPOSITS US TREASURY Money Market Acct. TIME CERTIFICATES COMMERCIAL PAPER LOCAL AGENCY INVESTMENT FD TOTAL INVESTMENTS TOTAL CASH $1,664,160.94 696.50 200.00 500.00 $1,002,886.24 0.00 0.00 19,993,887.48 $1,665,557.44 $20,996,773.72 $22,662,331.16 Note: The City of Diamond Bar is invested in the State Treasurer's Local Agency Investment Fund. All funds are available for withdrawal within 24 hours. Investment in the Local Agency Investment Fund is allowed under the City's formally 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 City had to invest money in an alternative investment option. While other investments options are being evaluated, these funds have been invested in a US Treasury sweep account through Wells Fargo Bank. These funds are "swept" on a daily basis from the City's bank accounts and invested overnight into an investment pool of US Treasury notes. Interest will be creditied to the City's bank account on a monthly basis. L.A.I.F - Effective Yield for February 1998 5.720% Money Market -Effective Yield for February 1998 4.436%. CITY OF DIAMOND BAR TREASURER'S MONTHLY CASH STATEMENT March 31, 1998 INVESTMENT: DEFERRED COMPENSATION ACCOUNT (AS OF 3/31/98) ICMA Retirement CQrDOration - 457 Plan: AGGRESSIVE OPPORTUNITY FUND 8,471.70 INTERNATIONAL FUND 9,691.33 OVERSEAS EQUITY INDEX FUND 6,493.72 GROWTH STOCK FUND 123,497.81 MID/SMALL CO. INDEX 9,389.51 BROAD MARKET FUND 21,029.85 500 STOCK INDEX FUND 3,294.96 EQUITY INCOME FUND 12,566.10 ASSET ALLOCATION FUND 46,672.38 SOCIAL RESPONSIBILITY FUND 0.00 CORE BOND FUND 20,458.58 US TREASURY FUND 9,547.15 CASH MANAGEMENT FUND 3,223.54 PLUS FUND 364,309.28 GUARANTEED FUND 0.00 CONSERVATIVE GROWTH 1,590.51 TRADITIONAL GROWTH 14,824.55 MS MOMTM GROWTH 3,274.48 MS CAPITAL APPRECIATION 8,736.40 MS GROWTH 2,558.82 MS CONTR GROWTH 3,437.44 MS GROWTH & INCOME 12,204.27 MS SP SITUATION 3,465.64 TOTAL OF DEPOSITS 688,738.02 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 available in in the various instruments The reporting period reflects the most current quarter reported by ICMA to the City. TOTAL CASH AND INVESTMENTS $23,351,069.18 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 STATE OF CALIFORNIA MATT FONG, Treasurer OFFICE OF THE TREASURER SACRAMENTO a LOCAL AGENCY INVESTMENT FUND P.O. BOX 942809 Date: 02/28/98 SACRAMENTO, CA 94209-0001 Page: 01 FEBRUARY, 1998 STATEMENT ACCOUNT NUMBER: 98-19-249 CITY OF DIAMOND BAR ATTN: MANAGER 21660 E. COPLEY DRIVE SUITE 100 DIAMOND BAR, CA 91165 EFFECTIVE TRANSACTION TRAN CONF AU`I'H TlRANSACTION DATE DATE TYPE NO CAL.,ER AMOUNT BALANCE BEGINNING BALANCE - REG r=gryy?;E?81 1g ENDING BALANCE - REG GRAND TOTAL $19,993,88a.�'8 SUMMARY .IRAN COUNT TOTAL DEPOSIT AMT TOTAL WITHDRAWAL AMT REG 0 $0.00 $0.00 1,; POOLED MONEY INVESTMENT ACCOUNT SUMMARY OF INVESTMENT DATA A COMPARISON OF FEBRUARY 1998 WITH FEBRUARY 1997 (Dollars in Thousands) ate, FRU'Y I ,- CHANGE Average Daily Portfolio $31,140,429 $30,379,056 +$761,373 Accrued Earnings $136,647 $129,929 +$6,718 Effective Yield 5.720 5.575 +.145 Average Life—Month End (in days) 207 260 - 53 Total Security Transactions Amount $28,614,910 $21,643,428 +$6,971,482 Number 633 502 -131 Total Time Deposit Transactions Amount $806,200 $450,700 +S355.500 Number 47 38 .9 Average Workday Investment Activity $1,634,506 $1,227,451 +5407.055 Prescribed Demand Account Balances For Services $230,513 $139,307 + S91,206 For Uncollected Funds $160,258 $194,631 S34.377 3 LOCAL AGENCY INVESTMENT FUND* SUMMARY OF ACTIVITY FEBRUARY 1998 BEGINNING BALANCE DEPOSITS WITHDRAWALS $11,354,332,644.45 $987,609,000.00 $936,935,090.45 *Local Agency Investment Fund Invested Through Pooled Money Investment Account MONTH END BALANCE $11,405,006,554.00 Estimated Market Value Including Accrued Interest $ 30,270,027,481.03 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 2/28/98 United States Treasury: Bills $ 2,563,542,117.81 $ 2,601,988,888.80 NA Strips $ 73,184,450.00 $ 93,984,750.00 NA Notes $ 5,134,844,231.06 $ 5,138,525,840.00 $ 43,953,553.72 Federal Agency: Bonds $ 1,593,911,758.03 $ 1,593,264,304.70 $ 19,672,222.92 Floaters $ 265,000,000.00 $ 264,972,450.00 $ 1,791,862.40 MBS $ 141,232,317.66 $ 141,019,278.00 $ 833,462.73 GNMA $ 2,497,152.33 $ 2,895,066.60 $ 24,606.31 SBA $ 229,127,242.68 $ 230,457,445.21 $ 2,291,902.97 FHLMC PC $ 24,309,320.98 $ 26,018,922.89 $ 390,311.89 Discount Notes $ 1,105,132,495.34 $ 1,125,519,952.50 NA Bankers Acceptances $ 329,100,821.85 $ 329,227,786.29 NA Corporate: Bonds $ 945,153,839.97 $ 944,646,984.00 $ 20,347,967.33 Floaters $ 530,157,560.87 $ 529,719,215.00 $ 4,280,418.71 CDs $ 6,463,216,592.45 $ 6,457,790,444.37 $ 57,728,313.87 Bank Notes $ 1,075,000,000.00 $ 1,074,636,389.75 $ 12,119,722.24 Repurchase Agreements $ - $ - NA Time Deposits $ 1,222,295,000.00 $ 1,222,295,000.00 NA AB 55 & GF Loans $ 1,346,448,930.00 $ 1,346,448,930.00 NA Commercial Paper $ 7,221,958,046.25 $ 7,230,610,784.07 NA Reverse Repurchase $ 245,700,000.00 $ 245,700,000.00 $1,729,296.25 TOTAL $ 30,020,411,877.28 $ 30,108,322,432.18 $ 161,705,048.85 Estimated Market Value Including Accrued Interest $ 30,270,027,481.03 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.