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Home My WebLink About5/5/1998Citi COUJI'L/ AGENDA Tuesday, May 5,1998 4:00 p.m. Study Session/Closed 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 encourages you to do the same. PUBLIC INPUT The meetings of the Diamond Bar City Council are open to the public. A member of the public may address the Council on the subject of one or more agenda items and/or other items of which are within the subject matter jurisdiction of the Diamond Bar City Council. A request to address the Council should be submitted in writing to the City Clerk. As a general rule the opportunity for public comments will take place at the discretion of the Chair. However, in order to facilitate the meeting, persons who are interested parties for an item may be requested to give their presentation at the time the item is called on the calendar. The Chair may limit the public input on any item or the total amount of time allocated for public testimony based on the number of people requesting to speak and the business of the Council. Individuals are requested to refrain from personal attacks toward Council Members or other persons. Comments which are not conducive to a positive business meeting environment are viewed as attacks against the entire City Council and will not be tolerated. If not complied with, you will forfeit your remaining time as ordered by the Chair. Your cooperation is greatly appreciated. In accordance with Government Code Section 54954.3(a) the Chair may from time to time dispense with public comment on items previously considered by the Council. (Does not apply to Committee meetings) In accordance with State Law (Brown Act), all matters to be acted on by the City Council must be posted at least 72 hours prior to the Council meeting. In cases of emergency or when a subject matter arises subsequent to the posting of the agenda, upon making certain findings, the Council may act on an item that is not on the posted agenda. CONDUCT IN THE CITY COUNCIL CHAMBERS The Chair shall order removed from the Council Chambers any person who commits the following acts in respect to a regular or special meeting of the Diamond Bar City Council. A. Disorderly behavior toward the Council or any member of the thereof, tending to interrupt the due and orderly course of said meeting. B. A breach of the peace, boisterous conduct or violent disturbance, tending to interrupt the due and orderly course of said meeting. C. Disobedience of any lawful order of the Chair, which shall include an order to be seated or to refrain from addressing the Board; and D. Any other unlawful interference with the due and orderly conduct of said meeting. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COUNCIL Agendas for the regular Diamond Bar City Council meetings are prepared by the City Clerk and are available 72 hours prior to the meeting. Agendas are available electronically and may be accessed by a personal computer through a phone modem. Every meeting of the City Council is recorded on cassette tapes and duplicate tapes are available for a nominal charge. ADA REQUIREMENTS A cordless microphone is available for those persons with mobility impairments who cannot access the public speaking area. Sign language interpreter services are also available by giving notice at least three business days in advance of the meeting. Please telephone (909) 860-2489 between 8 a.m. and 5 p.m. Monday through Friday. HELPFUL PHONE NUMBERS Copies of Agenda, Rules of the Council, Cassette Tapes of Meetings (909) 860-2489 Computer Access to Agendas (909) 860 -LINE General Information (909) 860-2489 NOTE: ACTION MAY BE TAKEN ON ANY ITEM IDENTIFIED ON THE AGENDA. 1. Next Resolution No. 98 - 24 Next Ordinance No. 02(1998) STUDY SESSION: 4:00 p.m. CC -2 a. School Traffic Study b. Pavement Management System CLOSED SESSION: Conference with Legal Counsel - Existing Litigation (Subdivision (a) of Section 64956.9 - City of Diamond Bar vs IPS PLEDGE OF ALLEGIANCE: INVOCATION: ROLL CALL: APPROVAL OF AGENDA: Mayor Dr. Ted Martinez, Evangelical Free Church of Walnut Council Members Ansari, Huff, O'Connor, Mayor Pro Tem Chang, Mayor Herrera Mayor 3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 3.1 Proclaiming May 3 through May 9, 1998 as "Municipal Clerks Week." 3.2 Proclaiming May 6, 1998 as Diamond Bar Toastmasters Day. 3.3 Presentation of Certificates of Recognition to Margie Blouse, Community Volunteer with 500 hours; Art Logan, Ted Long and John Vaughan with 1000 hours. 3.4 Presentation of Certificates of Recognition to Miss Diamond Bar and her Court. 3.5 Presentation of Certificates of Recognition to 1998 California State Jr. Olympic Tae Kwon Do Championship Gold, Silver and Bronze Award winners. 4. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Although the City Council values your comments, pursuant to the Brown Act, the Council generally cannot take any action on items not listed on the posted agenda. Please complete a Speaker's Card and give it to the City Clerk MAY 5, 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 SOLID WASTE TASK FORCE - May 11, 1998 - 6:30 p.m., AQMD Room CC -2, 21865 E. Copley Dr. 5.2 PLANNING COMMISSION - May 12, 1998 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.3 OFF-SITE PARKING TASK FORCE - May 13, 1998 - 6:30 p.m., AQMD Room CC -2, 21865 E. Copley Dr. 5.4 TRAFFIC & TRANSPORTATION COMMISSION - May 14, 1998 - 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. 5.3 COMPOSTING WORKSHOP - May 16,1998 - 9:00 a.m. - 11:00 a.m., Sycamore Canyon Park, 22930 Golden Spgs. Dr. 5.4 CITY COUNCIL MEETING - May 18, 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 21, 1998 - Approve as submitted. 6.1.2 Regular Meeting of April 21, 1998 - Approve as submitted. Requested by: City Clerk 6.2 TRAFFIC & TRANSPORTATION COMMISSION MINUTES - Regular Meeting of March 12, 1998 - Receive & File. Requested by: Public Works Division 6.3 PARKS & RECREATION COMMISSION MINUTES - Regular Meeting March 26, 1998 - Receive & File. Requested by: Community Services Division 6.4 VOUCHER REGISTER - Approve Voucher Register dated May 5, 1998 in the amount of $655,401.34. Requested by: City Manager 6.5 DENIAL OF CLAIMS: 6.5.1 Filed by Ray Keelan on January 20, 1998. Recommended Action: It is recommended that MAY 5, 1998 PAGE 3 the City Council deny the Claim for Damages filed and refer the matter for further action to Carl Warren & Co., the City's Risk Manager. 6.5.2 Filed by John Lee on April 15, 1998. Recommended Action: It is recommended that the City Council deny the Claim for Damages filed and refer the matter for further action to Carl Warren & Co., the City's Risk Manager. Requested by: City Clerk 6.6 NOTICE OF COMPLETION FOR ADA RETROFIT AT PETERSON PARK - On June 11, 1997, Council awarded the construction contract for the ADA Retrofit at Peterson Park to MJS Construction Inc. The completed work has been determined to be in accordance with the plans and specifications approved by the City. The final construction contract amount is $189,254.50. Recommended Action: It is recommended that the City Council accept work performed by MJS Construction, Inc. and authorize the City Clerk to file the proper Notice of Completion and to release any retention amounts thirty- five (35) days after the recordation date. Requested by: Public Works Division 6.7 RESOLUTION NO. 98 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR EXTENDING THE EXISTING RED CURB ON THE EAST SIDE OF GOLDEN SPRINGS DRIVE BETWEEN SYLVAN GLEN ROAD AND SECOND DRIVEWAY TO THE CIMMARON OAKS CONDOMINIUMS BY AN ADDITIONAL FIFTEEN (15) FEET" On March 12, 1998, the Traffic & Transportation Commission recommended extension of the existing red curb on the east side of Golden Spgs. Dr. between Sylvan Glen Rd. and the second driveway to the Cimmaron Oaks condominiums by an additional 15 ft. This recommendation was based on the need to further enhance the visibility of motorists who utilize the driveway in discussion. Recommended Action: It is recommended that the City Council adopt Resolution No. 98 -XX extending the existing red curb on the east side of Golden Spgs. Dr. between Sylvan Glen Rd. and second driveway to the Cimmaron Oaks Condominiums by an additional 15 ft. Requested by: Public Works Division 6.8 MEMBERSHIP OF THE CITY OF LA PALMA INTO THE CALIFORNIA JOINT POWERS INSURANCE AUTHORITY (CJPIA) - The California Joint Powers Insurance Authority Executive Committee, at their meeting of April 17, 1998, recommended approval of the City of La Palma for membership in the Authority. MAY 5, 1998 PAGE 4 Cities applying for membership must be approved by a 2/3 majority of the current membership. Recommended Action: It is recommended that the City Council approve membership of the City of La Palma and authorize the Mayor to execute the consent form as the City's delegate to the Authority. Requested by: City Manager 6.9 PROPOSITION A LOCAL RETURN FUND, PROPOSITION C LOCAL RETURN FUND AND TRANSPORTATION DEVELOPMENT ACT AUDITS FOR THE FISCAL YEARS ENDED JUNE 30, 1997 AND 1996 - The City's Proposition A Local Return (Prop A), Proposition C Local return (Prop C) and Transportation Development Act Funds (TDA) are required to be audited on an annual basis. The audit for fiscal year ended June 30, 1997 was completed in December 1997 by Simpson & Simpson, C.P.A. The final version of the audits were received in April 1998 and are being presented to Council for their review. Recommended Action: It is recommended that the City Council receive, accept and file Proposition A Local Return Fund, Proposition C Local Return Fund and Transportation Development Act Fund Audit Reports for fiscal years ended June 30, 1997 and 1996. Requested by: City Manager 6.10 RESOLUTION NO. 98 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR THE TRAFFIC SIGNALS INSTALLATION ON DIAMOND BAR BOULEVARD AT MONTEFINO AVENUE AND QUAIL SUMMIT DRIVE IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS - The intersections of D.B. Blvd. at Montefino Ave. and Quail Summit Dr. have been prepared and are ready for City Council approval. Recommended Action: It is recommended that the City Council adopt Resolution No. 98 -XX approving plans and specifications for traffic signal construction on Diamond Bar Blvd. at Montefino Ave. and Quail Summit Dr. and authorize the City Clerk to advertise for bids. Requested by: Public Works 6.11 RESOLUTION NO. 98 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR CITYWIDE LANDSCAPE MAINTENANCE AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVED BIDS - The City currently has four landscape maintenance contracts to provide services needed throughout the City. It is recommended in the Parks Master Plan that these four contracts be consolidated MAY 5, 1998 PAGE 5 into a single City -Wide Landscape Maintenance contract, which should result in a cost savings to the City due to economy of scale. Recommended Action: It is recommended that the City Council adopt Resolution No. 98 -XX approving plans and specifications for City -Wide Landscape Maintenance and authorizing and directing the City Clerk to advertise for bids. Requested by: Community Services Division 6.12 RESOLUTION NO. 89-6C: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING RESOLUTION NO. 89-6B PERTAINING TO PUBLIC PLACES FOR POSTING OF CITY ORDINANCES AND PUBLIC NOTICES - By adoption of Resolution No. 89-5 on April 18, 1989, Council specified that all Ordinances, Resolutions and notice (including meeting agendas) required by law to be published or posted would be posted in at least public places within the City. On July 7, 1992, the City Council adopted Resolution No. 89- 6B establishing the Diamond Bar Branch Library as one of the three posting locations. Due to refurbishment of the Library's facilities beginning May 1, 1998, it is necessary to establish a temporary alternate posting location for at least three months. Recommended Action: It is recommended that the City Council adopt Resolution No. 89-6C amending Resolution No. 89-6B pertaining to public places for posting of City Ordinances and Public Notices. Requested by: City Clerk 6.13 DIAMOND RIDE BUDGET INCREASE AND CONTRACT AMENDMENT FOR DIVERSIFIED PARATRANSIT - In June 1997, Council authorized extension of the Diamond Ride contract with Diversified Paratransit in the amount of $240,000, or an average of $20,000 per month for FY 1997-98. Currently, the Diamond Ride program is averaging $20,744 per month, using 9 months of data. The increase in expenditures is due to an increase in the number of trips per month as well as an increase in out of town trips. In addition to the $12,000 requested for contract services with Diversified Paratransit, Inc., it is requested that $10,000 be allocated to personnel services and $1,000 to services and supplies. Recommended Action: It is recommended that the City Council approve a contract amendment with Diversified paratransit for $12,000 and an increase in the Diamond Ride budget of $23,000. Requested by: City Manager MAY 5, 1998 PAGE 6 6.14 AMENDMENT TO SECTION 7 OF ADVANCE AND REIMBURSEMENT AGREEMENT NO. 6 WITH THE DIAMOND BAR REDEVELOPMENT AGENCY - The Redevelopment Agency awarded a contract to O'Rourke Engineering to conduct signal warrant analysis at 16 intersections for $10,645. Subsequent to the award, the intersection of Brea Canyon Rd./Silver Bullet Dr. was added for analysis. Analysis of this intersection, which will cost $665, will be paid by the requested $500 increase with the remaining funds from the original contract of $11,000. Recommended Action: It is recommended that the City Council amend Section 7 of Advance & Reimbursement Agreement No. 6 from $11,000 to $11,500. Requested by: Public Works Division 7. PUBLIC HEARINGS: 7:00 p.m., or as soon thereafter as matters can be heard. 7.1 CONTINUED PUBLIC HEARING ON DRAFT DEVELOPMENT CODE - ZONING CODE AMENDMENT (ZCA 97-1) - ARTICLE III - SITE PLANNING AND GENERAL DEVELOPMENT STANDARDS AND THE CITYWIDE DESIGNGUTDELTNES - 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 Council land a series of 4 study sessions were conducted between January 6 through February 17, 1998. This is the 4th scheduled public hearing on the draft 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 (continued from April 21, 1998). Recommended Action: It is recommended that the City Council receive public testimony, review Article III of the draft Development Code and continue the public hearing to May 18, 1998. Requested by: Planning Division 7.2 JOINT PUBLIC HEARING WITH DIAMOND BAR REDEVELOPMENT AGENCY: - The City and the Redevelopment Agency incorporated D.B. Branch Library improvements as a part of the adopted Economic Revitalization Area Plan. The County is planning the renovation of its' D.B. library facility over the next 12 weeks. The Redevelopment Agency Economic Revitalization Area Plan listed library improvements as an infrastructure improvement project. As a result of negotiations with the County Library District, the Redevelopment Agency proposes to expend $138,440 to fund a portion of the cost of the MAY 5, 1998 PAGE 7 improvements. On April 28, 1998, the County conducted a public hearing and approved entering into an agreement with the D.B. Redevelopment Agency to fund improvements to the D.B. Branch Library. (a) RESOLUTION NO.. 98 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING PAYMENT BY THE DIAMOND BAR REDEVELOPMENT AGENCY FOR PART OF THE COST OF THE INSTALLATION AND CONSTRUCTION OF IMPROVEMENTS TO A LIBRARY OWNED BY THE COUNTY OF LOS ANGELES (b) RESOLUTION NO. RA98-XX: A RESOLUTION OF THE DIAMOND BAR REDEVELOPMENT AGENCY AUTHORIZING PAYMENT BY THE AGENCY FOR PART OF THE COST OF THE INSTALLATION AND CONSTRUCTION OF IMPROVEMENTS TO A LIBRARY OWNED BY THE COUNTY OF LOS ANGELES Recommended Action: It is recommended that the City Council and the Redevelopment Agency open their respective public hearings, receive testimony and adopt their respective resolutions, which (1) authorize the payment of monies for improvements to the County library facility in the City; 2) approve a tri -partite (City, County and Redevelopment Agency) agreement to accomplish the improvements and reimburse monies advanced (City to Agency) and direct the Mayor and Chairman to execute said agreement. Requested by: City Manager 7.3 RESOLUTION NO. 98 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING AND ADOPTING SCHEDULES OF RATES, FEES AND CHARGES FOR SERVICES PROVIDED BY THE BUILDING AND SAFETY, ENGINEERING AND PLANNING DEPARTMENTS OF THE CITY OF DIAMOND BAR - State law governs establishment and adoption of building, engineering and planning fees. The Attorney General's Office has issued an opinion that cities must show a nexus between fees collected and costs for providing services. In addition, the opinion states that a City may not charge more than the reasonable cost of providing services. The proposed fees will off -set City expenditures for processing development applications and create "actual cost" recovery. Revised fees will be effective 60 days following adoption of the Resolution (July, 1998). Recommended Action: It is recommended that the City Council adopt Resolution No. 98 -XX establishing and adopting a schedule of rates, fees and charges for services providing by the Building & Safety, Engineering, Planning and Public Works Divisions. Requested by: City Manager MAY 5, 1998 PAGE 8 8. OLD BUSINESS: 8.1 BUDGET AMENDMENT FOR FY 1997/98 - The Municipal Budget for FY 1997-98, after the mid -year budget amendment, projected General Fund resources in the amount of $11,349,882 with appropriations amounting to $10,373,433. Recommended Action: It is recommended that the City Council approve Budget Amendment #2 of the FY 1997-98 Municipal Budget. Requested by: City Manager 8.2 PROPOSED TRES HERMANOS CONSERVATION AUTHORITY JOINT EXERCISE OF POWERS AGREEMENT - This undeveloped and unplanned property is the largest land area remaining within D.B. The Tres Hermanos Ranch property is one of the largest, single owner parcels remaining in Chino Hills. Because of the proximity of the property to each of the cities, planning and conservation of the Ranch is more appropriately a cooperative and coordinated effort. To that end, the respective sub -committees of the Councils of Chino Hills and D.B. have promulgated a draft Tres Hermanos Conservation Authority joint exercise of powers agreement for each of Cities' City Councils to consider and approve. The purpose of the Tres Hermanos Conservation Authority joint exercise of powers agreement (THCA) is to provide for land use planning, transportation planning, impact mitigation planning and environmental conservation for the entirety of the Tres Hermanos Ranch property. Recommended Action: It is recommended that the City Council approve conceptually the Tres Hermanos Conservation Authority joint exercise of powers agreement and direct the Mayor to execute the joint exercise of authority of powers agreement, subject to approval of final agreement form by the City Attorney. Requested by: Mayor Herrera and Council member Huff 9. NEW BUSINESS: None RECESS OF 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 MAY 5, 1998 PAGE 9 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 Agency Secretary (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 21, 1998 - Approve as submitted. Requested by: Agency Secretary 3.2 VOUCHER REGISTER - Approve Voucher Register dated May 5, 1998 in the amount of $7,460.75. Requested by: Executive Director 3.3 AMENDMENT TO SECTION 7 OF ADVANCE AND REIMBURSEMENT AGREEMENT NO. 6 WITH THE CITY OF DIAMOND BAR AND CONTRACT AMENDMENT WITH O'ROURKE ENGINEERING FOR TRAFFIC SIGNAL WARRANT STUDY - Council awarded a contract to O'Rourke Engineering to conduct signal warrant analysis at 16 intersections for $10,645. Subsequent to the award, the intersection of Brea Canyon Rd./Silver Bullet Dr. was added for analysis. Analysis of this intersection, which will cost $665, will be paid by the requested $500 increase and the remaining funds from the original contract of $11,000. Recommended Action: It is recommended that the Redevelopment Agency amend Section 7 of the Advance & Reimbursement Agreement No. 6 as well as the agreement with O'Rourke Engineering from $11,000 to $11,500. Requested by: Public Works Division 4. PUBLIC HEARINGS: 4.1 JOINT PUBLIC HEARING WITH DIAMOND BAR CITY COUNCIL - Payment by Agency for part of the cost of installation and construction of improvements to the D.B. Branch of the County Public Library - (See Agenda No. 7.2 City Council Public Hearings). 5. OLD BUSINESS: None 6. NEW BUSINESS: None 7. AGENCY MEMBER COMMENTS: Items raised by individual Agency Members are for Agency discussion. Direction may be given at MAY 5, 1998 PAGE 10 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: To Monday, May 18, 1998 at 4:00 p.m., for Budget Study Session. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK DATE: FROM: ADDRESS: PHONE: ORGANIZATION: AGENDA #/SUBJECT: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Sign e�� I VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: FROM: ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: CITY CLERK 1130,5 2 -Tot. Be,/ DATE: S�r-/g p %'P0, f C%c�S� PHONE: dam �.'✓+PPr�-....�' 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 i J VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO CITY CLERK I=RO A: ST� DATE: a► PHONEx-p t' ORG kNIZATION: AGE? ICIA WSUBJECT: �° I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. r Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: �' DATE: hF ADDRESS: 0 'l S /�� cJ �, PHONE: ORGANIZATION: � � 0 r` L)v/1?/yI1: %/ZL AGENDA #/SUBJECT: r"�- P S9I 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 MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL/HONORABLE CHAIRMAN AND MEMBERS OF THE BOARD OF DIRECTORS FROM: TERRENCE L. BELANGER, CITY MANAGER/EXECUTIVE DIRECTOR RE: PROPOSED AGREEMENT BETWEEN THE CITY OF DIAMOND BAR, THE DIAMOND BAR REDEVELOPMENT AGENCY AND THE COUNTY OF LOS ANGELES TO PAY FOR IMPROVEMENTS TO THE COUNTY LIBRARY FACILITY IN DIAMOND BAR DATE: MAY 5, 1998 RECOMMENDATION: It is recommended that the City Council and the Redevelopment Agency approve their respective resolutions, which 1) authorize the payment of monies for improvements to County library facility in Diamond Bar, 2) approve a tri -partite (City, County and Redevelopment Agency) agreement to accomplish the improvements and reimburse monies advanced (City to Agency) and direct the Mayor and Chairman to execute said agreement. DISCUSSION: The City of Diamond Bar and the Diamond Bar Redevelopment Agency incorporated Diamond Bar Branch Library improvements as a part of the adopted Economic Revitalization Area Plan. The County of Los Angeles is planning the renovation of it's Diamond Bar library facility over the next twelve weeks. The Redevelopment Agency Economic Revitalization Area Plan listed library improvements as an infrastructure improvement project. As a result of negotiations with the County of Los Angeles Library District, the Diamond Bar Redevelopment Agency proposes to expend $138,440.00 to fund a portion of the cost of the library improvements. On April 28, 1998, the County of Los Angeles conducted a public hearing and approved the entering into an agreement with the Diamond Bar Redevelopment Agency to fund improvements to the Diamond Bar Branch Library. On May 5, 1998, the City and Redevelopment Agency are conducting a joint public hearing to consider the advance and reimbursement of monies from the City to the Agency and an agreement with the County of Los Angeles to undertake and complete the library improvements. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING PAYMENT BY THE DIAMOND BAR REDEVELOPMENT AGENCY FOR PART OF THE COST OF THE INSTALLATION AND CONSTRUCTION OF IMPROVEMENTS TO A LIBRARY OWNED BY THE COUNTY OF LOS ANGELES THE CITY COUNCIL OF THE CITY OF DIAMOND BAR HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS: Section 1. The County of Los Angeles is making improvements to the Los Angeles County Public Library -Diamond Bar, located at 1061 South Grand, Diamond Bar, California (the "Library"). The improvements include the construction of a new roof, replacement of the air conditioning system, conversion of the lighting system for energy savings, the installation of carpet and tile, the refurbishment of the circulation desk, information desk and counters, the repair or replacement of exterior signs, and the replacement of interior ceiling tiles (the "Improvements"). Due to budget constraints of the County and City and pursuant to provisions of the Community Redevelopment Law (California Health and Safety Code Section 33000, et sees.), and in particular Section 33445 and Section 33679 thereof, the Diamond Bar Redevelopment Agency (the "Agency") proposes to pay for part of the cost of the installation and construction of the Improvements. The portion of the cost of the Improvements allocated to the Agency initially will be paid by the City and will be reimbursed by the Agency pursuant to the Agreement for Payment of Tax Increment Revenues for Library Improvements by and among the Agency, the City of Diamond Bar and the County of Los Angeles, attached hereto as Exhibit A (the "Agreement"). Section 2. Following notice duly given, the City Council and the Agency have held a public hearing pursuant to California Health and Safety Code Section 33679, on the payment by the Agency for part of the cost of the installation and construction of the Improvements. Section 3. The Library serves the residents and taxpayers of the City, including the Diamond Bar Economic Revitalization Area (the "Project Area"). The Redevelopment Plan for the Project Area and the accompanying Report to City Council document, and the City Council has determined, that the Project Area is an area in which the combination of blighting conditions is so prevalent and so substantial that it causes a reduction of and lack of proper utilization of the area to such an extent that it constitutes a serious physical and economic burden on the community which cannot reasonably be expected to be reversed or 980122 10572-00001 gp 1673144 1 alleviated _by private enterprise or governmental action, or both, without redevelopment. For example, the Project Area is characterized by inadequate public improvements, depreciated and stagnant property values, impaired investments, high business vacancies, and low lease rates. The installation and construction of the proposed improvements to the Library serve a basic purpose of redevelopment, which includes the provision of structures as may be appropriate or necessary in the interest of the general welfare. The installation and construction of the proposed improvements will assist in the elimination of conditions of blight within the Project Area which are caused by inadequate public improvements and adverse economic conditions. The provision of the Library improvements will help provide a pedestrian -friendly environment for the predominately commercial and retail properties in the Project Area, which will encourage business patronage and thereby assist in stimulating the revitalization of the Project Area through private sector activity in the Project Area. Section 4. Due to budget constraints of the City and the County of Los Angeles, a portion of the cost of the Improvements has been allocated to the Agency. The County Board of Supervisors has found that unless a portion of the cost of the Improvements is allocated to the Agency, no other reasonable means of financing the total cost of the installation and construction of the Improvements is available to the County. Except for the moneys advanced by the City and to be reimbursed by the Agency pursuant to the Agreement, no moneys of the City are available to pay for the cost of the Improvements. The budget constraints of the City prevent the City from financing the installation and construction of the Improvements by any means. Traditional methods of financing, such as the issuance of general obligation bonds by the City, are unavailable as a practical matter because of the extraordinary majority voter approval requirements of two-thirds of the electorate. Special taxes also require a two-thirds vote of the electorate. Assessment financing is subject to a majority protest and may not be an appropriate method of financing a facility having the general benefits associated with a public library. Section 5. The City Council hereby finds and determines that based upon the foregoing and other information presented to the City Council: (i) the installation and construction of the proposed Improvements will be of benefit to the Project Area and to the immediate neighborhood in which the project is located; (ii) no other reasonable means of financing the installation and construction of the Improvements is available to the City or County; and (iii) the payment of funds for the installation and construction of the Improvements will 980122 10572-00001 gp 1673144 1 - 2 - assist in the elimination of blighting conditions inside the Project Area by remedying the lack of adequate public improvements, which in turn will encourage private sector investment in the Project Area and thereby assist in remedying adverse economic blighting conditions in the Project Area such as depreciated and stagnant property values, impaired investments, high business vacancies, and low lease rates, and is consistent with the Agency's implementation plan adopted pursuant to Health and Safety Code Section 33490. Section 6. The Agreement attached hereto as Exhibit A is hereby approved. The Mayor is hereby authorized and directed, for and in the name and on behalf of.the City, to execute and deliver the Agreement in substantially the form hereby approved, with such additions or changes as the City may approve, such approval to be conclusively evidenced by her execution and delivery thereof. Section 7. The City Council hereby authorizes and approves payment by the Agency for part of the cost of the installation and construction of the Improvements pursuant to the Agreement from any revenues of the Agency lawfully available therefor. PASSED, APPROVED and ADOPTED this day of 1998. AYES: NOES: ABSENT: ABSTAIN: Carol Herrera, Mayor Attest: Lynda Burgess, City Clerk 980122 10572-00001 qp 1673144 1 - 3 - RESOLUTION NO. A RESOLUTION OF THE DIAMOND BAR REDEVELOPMENT AGENCY AUTHORIZING PAYMENT BY THE AGENCY FOR PART OF THE COST OF THE INSTALLATION AND CONSTRUCTION OF IMPROVEMENTS TO A LIBRARY OWNED BY THE COUNTY OF LOS ANGELES THE DIAMOND BAR REDEVELOPMENT AGENCY HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS: Section 1. The County of Los Angeles is making improvements to the Los Angeles County Public Library -Diamond Bar, located at 1061 South Grand, Diamond Bar, California (the "Library"). The improvements include the construction of a new roof, replacement of the air conditioning system, conversion of the lighting system for energy savings, the installation of carpet and tile, the refurbishment of the circulation desk, information desk and counters, the repair or replacement of exterior signs, and the replacement of interior ceiling tiles (the "Improvements"). Due to budget constraints of the County and City and pursuant to provisions of the Community Redevelopment Law (California Health and Safety Code Section 33000, et sec.), and in particular Section 33445 and Section 33679 thereof, the Diamond Bar Redevelopment Agency (the "Agency") proposes to pay for part of the cost of the installation and construction of the Improvements. The portion of the cost of the Improvements allocated to the Agency initially will be paid by the City and will be reimbursed by the Agency pursuant to the Agreement for Payment of Tax Increment Revenues for Library Improvements by and among the Agency, the City of Diamond Bar and the County of Los Angeles, attached hereto as Exhibit A (the "Agreement"). Section 2. Following notice duly given, the City Council and Agency have held a public hearing pursuant to California Health and Safety Code Section 33679, on the payment by the Agency for part of the cost of the installation and construction of the Improvements. Section 3. The Library serves the residents and taxpayers of the City, including the Diamond Bar Economic Revitalization Area (the "Project Area"). The Redevelopment Plan for the Project Area and the accompanying Report to City Council document, and the City Council has determined, that the Project Area is an area in which the combination of blighting conditions is so prevalent and so substantial that it causes a reduction of and lack of proper utilization of the area to such an extent that it constitutes a serious physical and economic burden on the community which cannot reasonably be expected to be reversed or alleviated by private enterprise or governmental action, or both, 980122 10572-00001 gp 1673192 1 without redevelopment. For example, the Project Area is characterized by inadequate public improvements, depreciated and stagnant property values, impaired investments, high business vacancies, and low lease rates. The installation and construction of the proposed Improvements serve a basic purpose of redevelopment, which includes the provision of structures as may be appropriate or necessary in the interest of the general welfare. The installation and construction of the proposed Improvements will assist in the elimination of conditions of blight within the Project Area which are caused by inadequate public improvements and adverse economic conditions. The provision of the Improvements will help provide a pedestrian -friendly environment for the predominately commercial and retail properties in the Project Area, which will encourage business patronage and thereby assist in stimulating the revitalization of the Project Area through private sector activity in the Project Area. Section 4. Due to budget constraints of the City and the County of Los Angeles, a portion of the cost of the Improvements has been allocated to the Agency. The County Board of Supervisors has found that unless a portion of the cost of the Improvements is allocated to the Agency, no other reasonable means of financing the total cost of the installation and construction of the Improvements is available to the County. Except for the moneys advanced by the City and to be reimbursed by the Agency pursuant to the Agreement, no moneys of the City are available to pay for the cost of the Improvements. The budget constraints of the City prevent the City from financing the installation and construction of the Improvements by any means. Traditional methods of financing, such as the issuance of general obligation bonds by the City, are unavailable as a practical matter because of the extraordinary majority voter approval requirements of two-thirds ofthe electorate. Special taxes also require a two-thirds vote of the electorate. Assessment financing is subject to a majority protest and may.not be an appropriate method of financing a facility having the general benefits associated with a public library. Section 5. The Agency hereby finds and determines that based upon the foregoing and other information presented to the Agency: (i) the installation and construction of the proposed Improvements will be of benefit to the Project Area and to the immediate neighborhood in which the project is located; (ii) no other reasonable means of financing the installation and construction of the Improvements is available to the City or County; and (iii) the payment of funds for the installation and construction of the Improvements will assist in the elimination of blighting conditions inside the Project Area by remedying the lack of adequate public improvements, which in turn will 980122 10572-07001 ap 1_573292 1 - 2 - encourage private sector investment in the Project Area and thereby ass-ist in remedying adverse economic blighting conditions in the Project Area such as depreciated and stagnant property values, impaired investments, high business vacancies, and low lease rates, and is consistent with the Agency's implementation plan adopted pursuant to Health and Safety Code Section 33490. Section 6. The Agreement attached hereto as Exhibit A is hereby approved. The Chair of the Agency is hereby authorized and directed, for and in the name and on behalf of the Agency, to execute and deliver the Agreement in substantially the form hereby approved, with such additions or changes as the Agency may approve, such approval to be conclusively evidenced by his execution and delivery thereof. Section 7. The Agency hereby authorizes and approves payment by the Agency for part of the cost of the installation and construction of Improvements pursuant to the Agreement from any revenues of the Agency lawfully available therefor. PASSED, APPROVED and ADOPTED this 1998. AYES: NOES: ABSENT: ABSTAIN: Attest: Lynda Burgess, Secretary 980122 10572-00001 gp 1673142 1 - 3 day of Robert Huff, Chair NOTICE OF JOINT PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Diamond Bar (the "City Council") and the Diamond Bar Redevelopment Agency (the "Agency") will hold a joint public hearing on the payment by the Agency for part of the cost of the installation and construction of improvements to the Diamond Bar Branch of the County of Los Angeles Library, located at 1061 South Grand, Diamond Bar, California, including the construction of a new roof, replacement of the air conditioning system, conversion of the lighting system for energy savings, the installation of carpet and title; refurbishment of the circulation desk, information desk and counters; the repair or replacement of exterior signs; and the replacement of interior ceiling titles (the "Improvements"). The time, date and place of such joint public hearing is as follows: TIME: 7:00 p.m. DATE: May 5, 1998 PLACE: Council Chambers 21865 East Coply Drive Diamond Bar, California With respect to the Improvements, a summary is available to the public for inspection and copying at the office of the City Clerk of the City of Diamond Bar 21660 East Coply Drive, Diamond Bar, California. The summary includes all of the following: (i) an estimate of the amount of taxes allocated to the Agency pursuant to Health and Safety Code Section 33670(b) which the Agency will use to pay for part of the cost of the installation and construction of the Improvements, including interest payments; (ii) the facts supporting the determinations required to be made by the City Council and the Agency pursuant to Health and Safety Code 33445; and (iii) the redevelopment purpose for which such taxes are being used to pay for part of the cost of the installation and construction of the Improvements. City Clerk City of Diamond Bar [Publish for at least two successive weeks prior to the hearing] 980303 10572-00001 rdh 1573180 0 includes the provision of structures as may be appropriate or necessary -tn the interest of the general welfare. The installation and construction of the proposed Improvements will assist in the elimination of conditions of blight within the Project Area which are caused by inadequate public improvements and adverse economic conditions. The provision of the Improvements will help provide a pedestrian -friendly environment for the predominately commercial and retail properties in the Project Area, which will encourage business patronage and thereby assist in stimulating the revitalization of the Project Area through private sector activity in the Project Area. The payment of funds for the cost of the Improvements is provided for in the Agency's implementation plan adopted pursuant to Health and Safety Code Section 33490. Due to budget constraints of the City and the County, a portion of the cost of the Improvements in the amount of $138,440 has been allocated to the Agency. The County Board of Supervisors has found that unless a portion of the cost of the Improvements is allocated to the Agency, no other reasonable means of financing the total cost of the installation and construction of the Improvements is available to the County. Except for the moneys advanced by the City and to be reimbursed by the Agency pursuant to the Agreement, no moneys the City are available to pay for such costs. The budget constraints of the City prevent the City from financing the installation and construction of the Improvements by any means. Traditional methods of financing, such as the issuance of genera: obligation bonds by the City, are unavailable as a practical matter because of the extraordinary majority voter approval requirements of two-thirds of the electorate. Special taxes a:.� require a two-thirds vote of the electorate. Assessment financing is subject to a majority protest and may not be an appropriate method of financing a facility having the general benefits associated with a public library. 980303 1CS12-00001 rdh 1673181 0 - 2 - AGREEMENT FOR PAYMENT OF TAR INCREMENT REVENUES FOR LIBRARY IMPROVEMENTS This Agreement.is entered into by and among the Diamond Bar Redevelopment Agency ("Agency"), the City of Diamond Bar ("City"), and the County of Los Angeles ("County"). RECITALS WHEREAS, California Health and Safety Code section 33445 authorizes the Agency to pay for all or part of the cost of the installation and construction of certain facilities which are publicly owned; and, WHEREAS, the Agency has undertaken a program for the redevelopment of blighted areas in the City of Diamond Bar and, in that regard proposes to pay for part of the cost of the installation and construction of certain improvements to a County -owned public library, which improvements will be of benefit to the redevelopment project area; and, WHEREAS, both the City and County have made requisite findings that no other reasonable means of financing the Library improvements are available to either entity; and WHEREAS, the City, Agency and County desire to enter into this Agreement to provide for the payment of tax increment funds to the County for the installation and construction of such Library improvements, and for the installation and completion of the improvements by the County. NOW, THEREFORE, for and in consideration of the foregoing premises, the parties do hereby agree as follows: Section 1. Definitions. For purposes of this Agreement, including any Exhibit hereto, the following definitions shall govern its interpretation, unless the context requires otherwise: (a) "Improvements" shall mean the improvements to the Library as described in Exhibit A, attached hereto and incorporated herein by this reference. (b) "Library" shall mean the Diamond Bar branch of the County of Los Angeles Public Library owned by the County and located at 1061 South Grand, Diamond Bar, California. (c) "Project Area" shall mean the territory included within the Diamond Bar Economic Revitalization Area, which was adopted by the City Council of the City of Diamond Bar on by Ordinance No. 980409 10572-00001 gp 1673226 1 (d) "Tai Increment Revenues" shall mean property taxes generated within the Project Area and allocated and paid to the Agency pursuant to California Health and Safety Code section 33670. Section 2. Installation and Construction of Library Improvements. The County shall cause to be performed all necessary and required preparatory work for the Improvements and shall install and construct, or cause to be installed and constructed, the Improvements with due diligence to completion. The Improvements shall be installed and constructed in accordance with all applicable federal, State and local laws, rules and regulations by July 31, 1998. Within six (6) months of the completion of the Improvements, the County shall submit to the Agency a certification that the funds received pursuant to Section 3 were expended on the Improvements, together with a statement identifying the specific improvements funded by the Agency's contribution. Section 3. Payment. Within a reasonable time after execution of this Agreement, but in no event later than May 29, 1998, the City on behalf of the Agency shall pay the County one hundred thirty-eight thousand, four hundred forty dollars ($138,440.00), which funds shall be used for the sole purpose of installing and constructing the Improvements. No portion of this amount shall be used for the normal maintenance or operations of the Library. Section 4. Reimbursement by Agency. The Agency hereby agrees that the payment by the City to the County pursuant to Section 3 hereof constitutes a loan by the City to the Agency. The Agency hereby agrees to reimburse the City for the cost of the installation and construction of the Improvements, which costs shall not exceed one hundred thirty-eight thousand, four hundred forty dollars ($138,440.00), without an amendment to this Agreement. Such reimbursement shall be paid to the City from the proceeds of obligations of the Agency, or obligations of other public entities, secured by and payable from the Tax Increment Revenues. At the option of the Agency, the Agency may repay the City for such costs by periodic payments over a period of years, or a combination of the foregoing. The Agency shall pay interest to the City on the unpaid balance computed at the average daily rate, as determined by the Treasurer of the City, paid to the City on its funds invested in the Local Agency Investment Fund, from the date of the payment by the City to the County pursuant to Section 3 hereof. The amount of any periodic payment shall not be less than the Tax Increment Revenues available therefor after payment by the Agency of debt service and reserve requirements on all prior outstanding loans, moneys advanced to, or other indebtedness of the Agency (whether funded, refunded, assumed or otherwise) payable from the Tax Increment Revenues. Any amounts paid shall first be credited to annual interest. Section S. Nonliability of Officials and Employees. No Agency member, Council member, Board of Supervisors member, and no official, agent, or employee of the Agency, City or County shall be personally liable to the other parties, or any successor in interest, in the event of any default or breach by the Agency, City or County, or successor, or on any obligations under the terms of this Agreement. 980409 10572-00001 Qp 1673226 1 - 2 - Section S. Obligation to Refrain from Discrimination. The County covenants and agrees for itself and its successors and assigns that there shall be no discrimination against or segregation of any person, or group of persons, on account of race, color, creed, religion, marital status, sex, age, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Library nor shall the County, or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees of the Library. The covenants in this Section 6 shall remain in effect in perpetuity. Section 7. Hold Harmless. (a) The City and Agency shall jointly and severally indemnify, defend and hold the County and its officers, agents, and employees free and harmless from any costs, attorneys' fees, expenses, losses, liability, claims, damages, and causes of action whatsoever, based or asserted upon any act or omission of the City and/or Agency or their officers, agents, employees, subcontractors and independent contractors, for property damage, bodily injury or death (the City's employees included) or any other element of damage of any kind or nature relating to or in any way connected with or arising from any and all City and Agency actions taken in performance of this Agreement, and the City and Agency shall defend, at their expense, including attorneys' fees, the County and its officers, agents and employees in any legal action arising from their performance hereunder. (b) The County shall indemnify, defend and hold the City and Agency and their officers, agents, and employees free and harmless from any costs, attorneys' fees, expenses, losses, liability, claims, damages, and causes of action whatsoever, based or asserted upon any act or omission of the County or its officers, agents, employees, subcontractors and independent contractors, for property damages, bodily injury or death (the Agency's employees included) or any other element of damage of any kind or nature relating to or in any way connected with or arising from the installation, construction, operation and maintenance of the improvements and the County shall defend, at its expense, including attorneys' fees, the City and Agency and their officers, agents and employees in any legal action arising from its performance hereunder. Section 8. Employees and Agents. It is understood and agreed that all persons hired or engaged by the County in connection with the installation and construction of the Improvements shall be considered to be employees or agents of the County and not of the City or Agency. Section 9. FVture Cooperation. The parties hereto agree to take all appropriate steps and execute any documents which may reasonably be necessary or convenient to implement the intent of this Agreement. 980409 10572.00001 tp 1673226 1 - 3 - IN WITNESS WHEREOF, the County of Los Angeles, the City of Diamond Bar, and the Diamond Bar Redevelopment Agency have caused this Agreement to be executed as of the day of April, 1998. COUNTY OF LOS ANGELES By YVONNE BRATHEWAITE BURKE ATTEST TO: JOANNE STURGES Executive Officer/ Clerk of the Board of Supervisors By Deputy Approved as to Form: DE WITT W. CLINTON County Counsel By Deputy 980409 10572-00001 gp 1673226 1 - 4 - DIAMOND BAR REDEVELOPMENT AGENCY ATTEST TO: By LYNDA BURGESS, Secretary Approved as to Form: Agency Counsel By ROBERT HUFF, Chair CITY OF DIAMOND BAR By ATTEST TO: CAROL HERRERA, Mayor LYNDA BURGESS, Secretary Approved as to Form: City Attorney 980409 10572400001 8P 1673226 1 - 5 - Exhibit A The improvements to the Library include the construction of a new roof, replacement of the air conditioning system, conversion of the lighting system for energy savings, the installation of carpet and tile, the refurbishment of the circulation desk, information desk and counters, the repair or replacement of exterior signs, and the replacement of interior ceiling tiles. 980409 10572-00001 gp 1673226 1 - 6 - RICHARDS, WATSON & GERSHON Terrence L. Belanger City Manager City of Diamond Bar 21660 East Coply Drive Diamond Bar, California 91765-4177 RICHARD RICHARDS (19161984) SAN FRANCISCO OFFICE 50 CAUFORNIA STREET SURE 16W SAN FRANCISCO, CAUFORNIA 84111-4612 1416) 421-8484 FACSIMILE (416) 421-8486 0"ANOE COUNTY OFFICE NUMBER ONE CNK' CENTER CIRCLE BREA. CAUFORNM 02821 (714) 9060801 FACSIMILE (714) 900-0230 OF COUNIML WILLMM K KRAMER 1673231 OUR FILE NUMBER 10572-00001 t� c� Re: Proposed Payment by the Diamond Bar Redevelopment r, Agency for Improvements to the County Library fJ Dear Mr. Belanger: In connection with the proposed Redevelopment Agency contribution to Los Angeles County for improvements to the Diamond Bar library, enclosed are the following: 1. A resolution of the Redevelopment Agency approving the payment to the County. 2. A resolution of the City Council approving the payment to the County. 3. An agreement between the County, the City and the Agency, which is referenced as Exhibit A in the City Council and Agency resolutions. 4. A notice of a joint public hearing of the Agency and the City Council on the proposed payment. 5. A summary of the proposed payment which must be placed on file in the City Clerk's office by the date of the first publication of the notice. The notice sets May 5th as the date of the public hearing by the Agency and the City Council. The notice must be published for at least two successive weeks prior to the joint public hearing of the City Council and the Agency. ATTORNEYS AT LAW GLENN R. WATSON MICHAEL O. COLANTUONO A PROFEa/IONAL CORPORATION R06WRT O. BEVERLY a.TILDEN IOM HARRY L GH ERaDN C. EDWARD DILKES THIRTY-EIGHTH FLOOR DOUOW W. AROUE PETER M. TFIORSON MARC L LAMKEN BRENDA L DSIDERICH0 333 SOUTH HOPE STREET ERWIN E. ADLER JAMES L MARIQAAN DAROLD D. PIEPER DEBORAH R. HAKMAN LOS ANGELES, CALIFORNIA 90071-1486 ALLEN E NETr RUBIN 0. women STEVEN LcDCINSCY SAagA T. A9AMURA (213) 82648484 WILLIAM L STRAUSZ KAY9ER O. SUMS ANTHONY S.DROWAY SAUL JAPFE FACSIMILE (213) 626-0078 TIMCrrKY NEUFELO T. PWMR PKRC! IaQ/WQIaW.COT ORSOOR'Y W. fTEPANICICH DAVID R000mIffLa ROCHCLLE MIOV^M SENJAMIN SARNOUW MICHAEL JENgNS B. RUDlLL WILLIAM F. CURLEY m D. CRAIG FOD( Ap r i 1 9, 1998 QUINN C10J%0 M.W MRIOW L L HILL CAROL W. LYNCH LYNN I. NN CJEFFRECL E. JANET!. COL[SON ChRIMOYA M. Y KUN 10.JN91PIT TERlNC! R. SODA THOMAS M. THOMAS M. J DANIML L PINES AMBO SEAL BOND MRS AMANDA F. AMAMr-NDA DIA BANE ATARI OROq OCSOND G COCOON ROY A CIARIM SAYREFADIIIIES STEVE NE OM2 MONTGOMERY STEVEN K KAU MANN P40NOROXA ROSlRT A SALSUlNA GARY J.. DANS 0WkNS ERKA M.W FLESIINO JOHN J. HARRIS OLNM SUAN KEVIN O. l AMY CFIIPIO W. CHMIS ROSIN D. HARRIS - HARRIS PATRICIAOK OLIVER ESTRADA A WILSON LAUPM9MICHAEL S. WIlNER SAND SANDRA L VNLLMMS •TEVEN R OM STEVEN KACY COLLOWM KEY'S Terrence L. Belanger City Manager City of Diamond Bar 21660 East Coply Drive Diamond Bar, California 91765-4177 RICHARD RICHARDS (19161984) SAN FRANCISCO OFFICE 50 CAUFORNIA STREET SURE 16W SAN FRANCISCO, CAUFORNIA 84111-4612 1416) 421-8484 FACSIMILE (416) 421-8486 0"ANOE COUNTY OFFICE NUMBER ONE CNK' CENTER CIRCLE BREA. CAUFORNM 02821 (714) 9060801 FACSIMILE (714) 900-0230 OF COUNIML WILLMM K KRAMER 1673231 OUR FILE NUMBER 10572-00001 t� c� Re: Proposed Payment by the Diamond Bar Redevelopment r, Agency for Improvements to the County Library fJ Dear Mr. Belanger: In connection with the proposed Redevelopment Agency contribution to Los Angeles County for improvements to the Diamond Bar library, enclosed are the following: 1. A resolution of the Redevelopment Agency approving the payment to the County. 2. A resolution of the City Council approving the payment to the County. 3. An agreement between the County, the City and the Agency, which is referenced as Exhibit A in the City Council and Agency resolutions. 4. A notice of a joint public hearing of the Agency and the City Council on the proposed payment. 5. A summary of the proposed payment which must be placed on file in the City Clerk's office by the date of the first publication of the notice. The notice sets May 5th as the date of the public hearing by the Agency and the City Council. The notice must be published for at least two successive weeks prior to the joint public hearing of the City Council and the Agency. RICHARDS, WATSON & GERSHON Terrence L. Belanger April 9, 1998 Page 2 If you have any questions or if we can be of assistance, please do not hesitate to contact me. Very truly yours, /;UM *V1� Robin D. Harris RDH:gp 1673231 Encl. CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. I TO: Terrence L. Belanger, City Manager MEETING DATE: May 5, 1998 REPORT DATE: April 30, 1998 FROM: James DeStefano, Deputy City Manager TITLE: Zoning Code Amendment (ZCA 97-1) Public hearing for the draft Development Code, Article III - Site Planning and General Development S nndu& and the Citywide Desien Q'idelin_es. SUMMARY: On December 9,1997 the Planning Commission rwanmended 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 fourth scheduled public hearing 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 (continued from April 21, 1998). RECOMMENDATION: It is recommended that the City Council receive public testimony, review Article III of the draft Development Code and continue the public hearing to May 18, 1998. LIST OF ATTACHMENTS X Staff Report Resolution(s) Ordinances(s) Agreement(s) Public Hearing Notification Bid Specification (on file in City Clerk's Office) Other EXTERNAL DISTRIBUTION: The draft Development Code has been distributed to the t;hamber or t,ommerce, iocai 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: 1. Has the resolution, ordinance or agreement been reviewed N/A _Yes —No by the City Attorney? 2. Does the report require a majority or 4/5 vote? MAJORITY 3. Has environmental impact been assessed? _x–yes No 4. Has the report been reviewed by a Commission? _ Yes X–No Which Commission? 5. Are other departments affected by the report? _Yes No Report discussed with the following affected departments: REVIEWED BY: 41411v� Terrence L. Belanger City Manager kadies DeStefano Deputy City Manager CITY COUNCIL REPORT AGENDA NO. MEETING DATE: May 5, 1998 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Zoning Code Amendment (ZCA 97-1) - Continued Public Hearing on the Draft Development Code, Article III - Site Planning and General DATE : April 30, 1998 On April 21, 1998 the City Council received a presentation on Article III of the Draft Development Code. The Council commented upon several Chapters of the proposed Code and continued the public hearing to May 5, 1998. Comments were received from the City Council regarding several sections of the Code including the proposed sign, tree preservation, noise and animal regulations. Corrections to identified grammatical and typographic errors are in process. Additionally, staff has received a list of suggested discussion items for the City Council to consider. It is anticipated that responses to Council comments and action items for discussion will be prepared by Monday afternoon, May 4, 1998. It is recommended that the adopting Ordinance be considered no sooner than May 18, 1998 or upon completion of all changes necessary to the text and graphics and an internal consistency review. ACTION: It is recommended that the City Council receive public testimony, review Article III of the Draft Development Code and continue the public hearing to May 18, 1998. PREPARED BY: James DeStefano Deputy City Manager Attachments - Staff Report Dated April 21, 1998 (without previously revised pages of Article III) CITY COUNCIL REPORT AGENDA NO. FETING DATE: April 21, 1998 TO: Honorable Mayor. and Members of the City Council FFACM: 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 citvwi r9. na.4 ..,. 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. RECCHMENDATION: 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. i oi-,k g:- zo rporati.on, the City adopted the L.A. County Planning and ZoniL" Coda �o serve in the interim until the City could creat+, its ;Mrs: DeVelopr:pnt Code. In July of 1995, the City adopted its Plan wlidch outlined the City's goals for future developwLtn;:. In compliance with State law, the City must produce a conforming 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 GUIDELINEB Tonight's public hearing will address Article III and the Citywile Design Guidelines. Article III contains standards which apply t� all land uses in every zone in the City. Article III also codifies several ordinances adopted since the City's incorporaticn addressing specific community needs, such as the Hillsijo Management Ordinance and the Development Review Ordinance, or :n 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 :n conjunction with the Development Code standards. Unlike t!�. 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 I:: 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 2 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 example of how the Development Code will assist in preserving the distinctive character of the City. Article III also contain Section 22.16.070 (III -9) Opel 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 5, 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 18'. 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. DZVZLOP14ENT CODs REVISICNS 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,.':`, v`... text; PlanningCommission changes are shown by a bold extended typeface; .staff changes are &! shown by a boldcandensed typeface; stuck -out, highlighted text reflects 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 Art' and II. PREPARED BY: Catherine Johnson Senior Planner ATTACI�NTS : icles I 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 9 CITY OF DIAMOND BAR INTEROFFICE MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL VIA: TERRENCE BELANGER. CITY MANAGE FROM: JAMES DESTEFANO, DEPUTY CITY MANA SUBJECT: DRAFT DEVELOPMENT CODE, ARTICLE IN AND CITYWIDE DESIGN GUIDELINES DATE: FEBRUARY 9, 1998 INTRODUCTION The series of City Council workshops on the Development Cods 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 U303 in every =one throughout the City. Article Ill also codifies seversi 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 Trio 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 Ordinanoig 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 addressed in Article III and the Citywide Design Guidelines. primary topics ARTICLE 111 Hillside Management Chapter 22.22, Hillside Management, codifies the Management Ordinance, which was adopted in 1902. City's existing Hillside These regulations are applied to areas of the City with slopes of 10% or wester. The purpose of these regulations is to preserve m environental equilibrium of the City's hillside areas whi � beauty allowing and limited, compatible, low density residential development. This is achieved for 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 addition of a slope density formula which Plan. The purpose of this formula is to natural features of the steeper hillsides areas, on steeper slopes. Tree Preservation as originally adopted, with the Wes mandated by the General facilitate the retention of the by reducing residential density The City's current Code regulations require the preservation and oak trees over 8 inchin diameter and Protection of es 2:1 for trees that are removed. Provides for a replacement ratio of The City General to Plan Resource Management Element, Strategy 1.1.11 directs the oak, prepare a tree walnut, sycamore, preservation ordinance for s California Pedes Of- trees including Of cultural or hi stoftW Poor• Arroyo willow and significant trees value. A replacement and relocation tree removal was also required. In response, Chapter mechanism for 22.38 has been created which the General proposes Plan. the protection and preservation of trees identified by The Proposed Development Code requires the preservation of native oak, walnut, sYCOMWO, wUlOw, and naturalized California or Pe diameter of 8 inches PPw trees with a Waster. A replacement ratio' of 2:1 is required for residential propar'tWS Is" then 20,000 square feet in area and 3:1 for residential properties greater then 20,000 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. Off -Street Parkins 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, emploYe6s, 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 Parkin space for every 250 square feet of floor was. 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 area (whichever is greater). Warehouses require 1 square feet of floor g fest of floor ens. Parking for other uses, such as restaurants and square 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 hours of operations, or shared clientele, thata certain factors ��bw of different parking spaces is adequate. It is the P4upose 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. HowevK, 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 utilised. 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 garag. 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 conumporary lend uses and this information has been placed in charts for easier reference. Si m Signs" serves many essential purposes and is crucial for the business as well as residents. Signs are used for information person the location and type of business, andO identifying WON deal provide crucial advertising and visibility for a business owner. We Of the stwtsc d an integral part ape and can enhance and complement a building's architecture. If poorly designed and regulated, signs become a visual blight, damaging the appearance of the streatscape, 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 relations 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. Sa, amending the sign regulations contained within the County Code. This ordinance established a maximum height of d' 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 the privacy and residential character of the neighborhood. Protect 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 businesses. more professionals to telecommute, resulting in a proliferation of home based 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, jimt 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 tie 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 user of - hazardous materials. These standards have been created to protect the heshh, 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 lJ 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 seine four -pert text applied to si regulation must concern lawful activity,9n regulations; the interest, directly advance the assert a substantial government government interest asserted, and can be no more extensive than necessary to serve that interest. In order to be valid, zoning regulations addressing Odult-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 sit". Based on case law, zoning regulations can't be so restrictive so in a 'de facto' prohibition of aN adult businessesas to result . proximity designations must be determined on a case, zoning district and City adopting regulations. by -case basis by each 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 a(e available than the number of businesses which demand them, the number )t sites is not unreasonable.- The nreasonable.- The quality ' of the site is the second issue. The Courts have stated. property is not potentially available when it is unreasonable to located believe tnac it would ever become available to any commercial Mlterpriae'. Sites lo in manufacturing and indtflWal zones must be 'reasonably accessible o the rastructure s genegeneralpubNe, must haw proper in *fas sidewalks, roads, and lighting• and must be generally suitable for some commercial enterprise. whether or not the sat• suits the particular needs of an adult business. However, locational COWS atone may not adequately protect communities from the negative secondary side effects associated with adult-oriented businesses• Because of than, local governments can enact zoning regulations that are M*ksble . Only to adult business uses. Ucensi r applicable ng requirements. onily to such uses, are also valid. The City's current businesses within the Planning and C-3 (Unlimited Zoning Code permits adult-oriented Heavy Manufacturing), M -Z (Heavy Commercial), Manufacturing) the M-1.6 (Restricted and M-4 (Unlimited Manufacturing) zones. Conditional Usq.' Permit Adult-oriented businesses are subject to approval of a and are not permitted within a any other adult business. They are also 1,000 foot radius of subject to specific findings that N 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 public hearing, ere issued for a businesses require a subject to a renewal heart penOnot exceeding one year and are ''�. Entertainment uses must also obtain an entertainment license which is subjectto specific application requirements and a public hearing. In addition to the provisions that the City adopt$ for adult-oriented businesses, these uses wiN 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 School, City's twelve public school sites, located the Walnut Valley Elementary at the southeast corner of Street is the only school in Lemon Avenue and Lycoming which is the area. The located approximately 1 mile to closest park is Starshine Park, 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 aN 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 be presented to the City Council for review and inclusioas ' They will 0evelopment Code, as soon as the Planningrnrssion Coni part of the review and made a recommendation. has completed their CITYWIDE DESIGN GUIDELINES The purpose of these guidelines is to promote development which respects the physical and ernrirorxnentai characteristics of the site end community. and which reflects functional and attractive design. site planning and high quality The Design Guidelines we to be used in conjunction with the development standards contained within the Oevelopment 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, hardacape amenities, walls and fences, lighting concepts and signage, al applicable to every category. although not every topic s Site Planning Site Planning sddreaaes 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 WWAMe the design and appearance of the building's exterior. Landsaaolne 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. C] 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. WaNs 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. Valls 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. L Lighting is another feature with both functional and aesthetic well lighted commercial Center can Purposes. for the tenants. Lighting can be ��d�s safety for patrons and visibility Part of a hsrdscape theme to enhance the buildings architectural themes. Lighting creates ambiance and atmosphere and show 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. Wonal 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' conjuinction with architecture to reinforce and enhance a design theme. WON designed signage can enhance the appearance of a strestscape or add color and interest to a commercial building.. E 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. of the provisions in Article III implement 9 1Sg Many specific General Plan strategies. The Citywide Design Guidelines have been created as an adjunct to these development standards and are intended to guide Ci development community in creating future developmenttY and the business opportunities and provides a pleasant and �that promotes work and shop, c:oii OMSM2! 10 CITY OF DIAMOND BAR INTEROFFICE MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL VIA: TERRENCE BELANGER, CITY MANAGER FROM: JAMES DESTEFANO, DEPUTY CITY MA SUBJECT: COUNCIL COMMENTS ON ARTICLE III DATE: FEBRUARY 9, 1998 The following are Council comments on Article 111 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 s 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, wh1cn would be a circumstance under which a structure would be "moved to a /ega/ly recorded parcel This can be corrected. 2. Page 111-6, A2, what 12 considered "high winds" and whb determines the high winds? This would a judgement cal/ on the part of the construction superintsnd�lit. The City would respond to any complaints by neighbors about blowing dust and ensure that such operation cease under these conditions. 3. Page 111-7,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. odd remodeled centers, I.e., one acre vs. five acres? This was s judgment call on the par? 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 determines by staff, it would require a larger site to accommodate such a redesign effectively. S. Page III -11, A. Last sentence, what if the wall was not part of a project review? Walls that are not part of a proisct are still subject to over-th review by the Planning Division, where the e -counter compNance with height and /ocarlona/ standards and to valuated the rnaten&As rind colors are aesthet/cil/y pleasing and compatible with the residence or primary structure. 6. Page 111-11, 0, '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 Her because of the hillsides and the Potentia/for a residence to be located above a commercial development where residents could be impacted by views of unscreened roof - Mounted equipment. 7. Page 111-12, E. Could You give an example of what this is talking about? Most of the shopping centers in the C/ty have parking lots adjacent to the street. An example is the p.*hs Center on the corner of Grand and Diamond Bar BouAevard. If t/e/s Center were constructed by the propossed standards in this sect/on, screen/ng would be required. An examp/e of a Center where the parking area is below the abutting pert y (or /n d* CM the street/ is COW by H#ls Towne Cen ter, wh ere the parking lot is signifcOnt/jr below the /.vel of the street and the parking rot is notes v/s/b/e. The intent of this sect/on is ro provide the Pub* wldl vlows of /andscapft and row w&ft rather than OUR of cars. 8 Pegs I0-17,2. For dsriflcatlon can we add a reference to -"Table 3-1" in the first sentence, "The following (Table 3-1) are.."? 9. NO 0-18, d. For clarifl adon can we adda reference to "Table 3-2" in the thkd �Uncs. "The following (Table 3-2) ars.."? These nf&-WCs can be added. 10. Page ill -20, D. do we need to add the "Council" as possible reviewing the projects? Council can be added. 11. Page 111-21, 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 w8113 within these yards. "Sight distance area " refers to the area on a corner lot adiscent 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 111-23, 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 State law of of /8ws" housing end would not requires Genera/ Plan amendment. WW overrides the regulations of the loci! iur/sdiction. 13. Page 111-33, A. remove "which- from first sentence? 14. Page 111-33, B. remove "that" from first sentence? 15. Page III -33, B1, remove "which" from first sentence? These changes can be made. 18. Page III -35, A. could you please give an example? 1f a proiect is /ocoted within the Rural Residentla/ zoning district, the maximum density /s 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 111-35, B, Can the "Counclf" as welf as the Commission increase the allowable density? yes. The Punning Commission is the recommending body for subdivisions and the City Council, as the Anal decision-making body, could increase the ai/c wab/e density. 18. Page III -35, B, Inst sentence, what is "an appropriate manner"? An example would be the dsdicstion 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 ripen space. 19. Page cel -34, S. Do we have any "significant archaeologic sreas"? (Note, MY computer SIM check says archaeologlc is.misspeiled. 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 flue recorded archaeological site within the City and the sphere of influence. These 3 sites are shown on the attached map taken from the MEA. Archaeologic can be Changed to archaeological. 20. Page III -36, g, third line, should "effect" be "affect"? This will bs corrected. 21. Page 111-36, 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 "ROM 3-10 and 3-140? if not, then where are 147 Figures 111-10 and 111- Thls will be corrected. 23. Page lil-44, B5, Since you eliminated • 100 feet measured ' should we Own eN�t�inate " more restrictive' at the end of the sentence since we We only giving one option? This will be deleted. 24. Page IN451 6, Is this the description for Figure 3.167 If it 1s can we add a reference? No. This will be c1eriAed. 25. Page 11146, C1, add reference to Figure 3-17? 26. Page IN -47, 4, is this the description for Figure 3-19? If it Is can we add a reference? 27. Page IN -48, 6, Is this the description for Figure 3.207 If It is can we add a reference? 28. Page 11149, a, add reference to Figure 3-22? 29. Page IN449, 9, add referenceto Figure- 3.237 These relfar+ances w/N be added, except for iters 6 on Paye 111-48 which does not f*AWWce Agure 3-20 30. Page III -50, top two sentences. Why would we have anything in this Section that 'does not meet sound engineering standards"? This se"on W# be reworded 31. Page IN -50, Al. what is "rip rap:? ft rMP /S y Of concrete and rock laid randomly against the earth to form a baffler to rats n a slope or to prevent erosion. An example Is located with/n the P/ermerini Project on Olemond Knoll. 4 32. Page 111-51, 81, add reference to Figure 3-267 33. Page 111-56, A. add reference to Figure 3-317 34. Page 111-56, 81, add reference to Figure 3-327 35. Page 111-58, where can we reference Figure 3-347 36. Page 111-58, where can we reference Figure 3-357 These references can be added. Figures 3-34 and 3-35 can be referenced under B.1 on page 1/1--58. 37. Page 111-60, 22.22.130, How long can "sandbags" be used as retaining wails? Is It appropriate to add some language saying that sandbags are temporary only? l 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 Dlvisbn, thele is no set life for sandbags, they are replaced es required. 38. Page III -61, 83, fourth sentence, should "pian" be *Plain"? "Plan view" rafiers to the view when looking down on the plans, similar to an aerie/ view. 39. Page 111-79, C. Who determines what a "regular ma is7 intenance schedule' fis wouAY be det+arm od by the prosect app/kant under the advisemen t of the landscape architect or contractor. A will insure that the landscaping is properly maint ed.�/f tc s noted en this would be a Code violation. 40. Page 111-83, 81, What does "L50" mean? "L" refers to the noise level, the number in subscript refers to tree Percentage of dime that the noise level is being exceeded. As describea 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 -n C;,,,� anyone violating the Code is guilty of a m>sdenreanor, whkh is punishable by a Ane not exceeding $1, 000.00 or by /nWr/sonnrent not exceeding six months', or by both fine and imprisonment. /'tbr+re w, the C/ty may at their discretion determine that a violation is considered an infraction, which is subject to a fine not sxceedlhg $ fop 00 fOf the f M violation; $2O0 00 for a second violation Of the same provisions within one year, and $500. 00 for each additional violation of the same provision within one year. 42• Page 111-88, C. Now 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 111-92,'22.30.040, Can we control the $ize of the parking spaces? Some of our current shopping centers have too narrow of parking speceal 77pe size ofpao *hv spaces ere regulated by the current P/ann/ng and Zoning Cods requ/res sten ma Jt Code. The be 8 5' x 18' and compact spaces to los 8'x 15.' p g spaces to and d !//-140/ estab/Ishes a minimum 9' x 19' standard eta 1 dimension and does not allow compact spaces 7.he sin of the arkln controlled by the Code and when a new p g spaces is Planning staff or an exist>n Aro�t is reviewed by the dimensions are checked for amp/isnca with the Code e arking space gu/at/ons. 45. Page III -96, do these vehicle spaces required Include spaces for employees? Yes, these standards have been created to Include employee parking spaces Add/t/one/ly, through the discretionary approve/ process, me Director or the P/ainning Commission can require additional parking if spacites for employees or designate certain spaces for erne/ogee use only is determined to be beneficial to the oparst/on of the project. 46- Page 111-104, last block on right of Table 3-12, should "62 feet" be changed to "64 feet'? These cilculatlons w/11 be confirmed with the consultant. 47. Page 111.116, F4, should "Council" be added along with the Commission 7 Planned deve%pments ars subject to Development Review, which �s subject to review and final approval .by the Planning Commission. Unless the planned development is processed in conjunction with a subdhr/slon, the Planning Commission will be the fine/ decision making authonfty for these projects. 48. Page 01-117 All, would this Include boats and trailers? 77'13 would include Jnoperet/ve boats and tral/er& Further pinata 'Ile the parklog of motor vehicles to a garage, carport, d , , B 9. . below y other paved park/ng area.or 6 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, 82, can we add recreational vehicles, boats and trailers? S. 1 above, addresses the appropriate storage types of vehicles and parking of these 51. Page III -118, C. who enforces? The Cods Enforcement Officer, generally responding to neighborhood complaints 52. POW 111-118, 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 M-119, 8, 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, 0, who enforces? 57. Page 111-121 F, who enforces? The Code Enforcement Officer. 58. Page 111-132, E. I would like the Council to reconsider the "5096" minimum. This can be discussed at the workshop and public hearing. 59. Page 1p-134, D, should this be "C"? if so, then need to also change "E" to "D• This will be corrected. 60. Page 111-135, 2, how will this be enforced and is there any penalty? The Code Enforcement Officer ,,will generally just take the signs do wn. 61. Page 111-136, C1, last word "Ordinance", is this Development Code considered an "Ordinance"? fie Development Code will be adopted by ordinance as TWO 22 of the : Municipal Code. "0rd/n8nce " should be changed to -chapter. " 62. Page 111-141, O, can this be applied to " Political c Political campaign signs"? 4rr�osign signs are considered temporary signs and are subject to rhe provisions contained within Section 22.36.090. "O" cou/d be applied to this type of sign. 63. Page IN -167, D, who pays for the investigation and How Ion Sheriff have to complete the Investigation? 9 does the A tf"* limit has not been specifled. The cost would be charged to the applicant as part of the permit processing fee. 64. Page III -167, 01, do . we need to substitute "Sheriffs completed lnvesdgadon" for "fMng of the permit" in the sentence, "Director shall approve the appNcation within 20 days of the Sheriffs completed investigation unless one or more.. " 7hls will be changed. 66. Page I0-167, D1d, can we add a definition of "Specific Criminal Act" in Article VI? 7h1s can be added. 66- Page 111-167, D1d3, Does this mean can get s license? that It a person is appealing they This will be clarified. 67. Page 111-168, 4 topabf page, Is this a legal requirement that we must allow? The adult business regulations have been prepared in coniunction with and thonNPOV nviiwed by the City Attomey to insure compliance w,th a// aPP*R" /6W& 69. Page III -168, 2, what Is the reasonable time allowed? This will be clarified. 70. P80e 0-168. F. Is this from the outermost or closest property line or is it how dose the bu* Mgs could be? /n iccordanco with Article 1, Section 22.04.0200. (Page 1-12), separation between land uses shell be measured from the exterior proi�y boundary of the subiect sits to the exterior property boundary of the site from which such separation is required. 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 /s considered a sexuOMY-oriented business. In accordance with Article V1, Definitions, (pg VI -6), this is a business having at least 20 oriented mePercent of 'rchandfse,ts Stock dor both, evoted to sexual material, sexually_ 73. Page III -170, 10b, does this also a pply to people blocking the view? / don't believe that this would be enforceeb/e unless it was on a cons/stent basis for an extended period of t/me. 74. Page 111-170, 1:18, do we need to add further stipulation that there be separate dressing rooms for males and females? This can be specifled. 75. Page 111-171, H3, can we add "sufficient to prevent viewin from outside" to the end of the sentence? g This cin be added. 76. Page 111-173, 11b, how are we going to monitor the 20%7 77rrough undercover officers doing periodlc investlyatlon and through the Code Enforcement Officer responding to any comp/a/nts. 77. Page III -173, 12s, should "Entertainer" be added to " Sexually -Oriented Business Entertainer Permit number"? This can be added. 78. Page III -174, 2s, does this mein 20 days after the Sheriff completes his investigsdon? This will be c/ar/Aed. 79. Page 111-178. O, are you allowed to have three dogs and three cats? / 6"" that it is any combination of the two, but this will be clarified. 80. Page 111-179, A, how many children are allowed in a 'large family day- care home"? Seven to fourteen, in accordance with the Definidons Artk/e (,g. VI -12). 81. Page 111-179, A1c, why would we allow this? This will be c/arifled and can be discussed further. 9 82• Page 111-180, 64, NOW do you provide a residence with one additions! Parking space? /f there is enough room on the driveway or if the site will accommodate an addit/onsl paved area. 83- Pegs 111-180, B, reference to "Subsection Be should be "Subsection This w/// be corrected. A" 84. Page I1-183, A8, does this mean that you cannot have an employee i.e. tax service where you haw employees come into your home to help? Yes. 86. Page 111-184, 9, can we add a definition of "hazardous materials" to Article VIT This can be added. 86. Page 111-184, 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, S, remove "; and" from end of paragraph. This will be removed. 89. Page in -193, A3c, Can we add page number 111-196 to make it easier to find Table 3-157 This will be &Wod. Attachments: General Plan Archaeological Resources Map E Q yZ v s lip W 0 Z W ill (wj U= HO CITY OF DIAMOND BAR INTEROFFICE MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL FROM: JAMES DESTEFANO, DEPUTY CITY VIA: TERRENCE BELANGER, CITY MANAGER DATE: MAY 4, 1998 SUBJECT: ACTION ITEMS ON THE DEVELOPMENT CODE, ARTICLE III The following are staff responses to Council issues identified in Article III. Article III 1. Page M-60,22.22.130 Fences and Landscaping. Can we add some language concerning the use of sandbags. How long are sandbags allowed to be used as erosion control or retaining walit before permanent walls are installed' I would like to see some language that restricts the long- term use of sandbags. There is no set life for the use of sandbags. Staff recommends that we add the following language to Sections 22.34.030.F, 22.34.040.H, 22.34.050.G and 22.34.060.G as follows:: Temporary Erosion Control. Sandbags and other temporary erosion control measures may be utilized for a maximum of one year. Sandbags and other erosion control material and devices shall be maintained in good condition and replaced as necessary. 2. Page III -88 C, Gas powered blowers, How does this compare with the L.A. City ban' Staff is still in the process of researching this issue. 3. page M-89 J1, Do we want to add language dealing with who or how often we monitor the sound level of the garbage trucks' We currently enforce the noise ordinance on a complaint basis. We could investigate instituting a process requiring the waste hauler to provide the City with a noise certification annually for each vehicle. Such a provision would likely be placed in Chapter 8.16 of the Municipal Code, Solid Waste, Recyclable and Compastable Materials Collection. 4. Page M-90, Delay in Compliance. Two years is a long time to be out of sound level compliance. Add language of different time periods for the Director before it goes to the Planning Commission or Council Staff recommends that the following language be added to Section 22.28.130: The Director may grant a delay in compliance... not to exceed 60 days... neighborhood. The Planning Commission, upon conclusion of a public hearing, may grant a delay in compliance not to exceed one year. The Decision of the Director or Planning Commission may be appealed in compliance with Chapter 22.74. 5. Page HII-141 C 1, Would like some discussion about expanding the lodgings only on Freeway signs. W is researching this issue and preparing language to address freewrty oriented signs for food, fuel and lodging and including the possibility of permitting "off -premise" signage. 6. Page M-167 DIM, Need further clariMation or rewrite of sentence. Does this mean that if a person is appealing a conviction that they can get a license. City Attorney to respond. 7. Page M-170, top of page. Need further clarification. Does this mean that if the business only has restrooms for employees that they can have television monitors and video equipment in them? Staff recommends that the sentence beginning with the word "Restrooms" be reworded and relocated as the last sentence in the section as follows: No restroom shall contain television... equipment. 8. Page III -174 2a, Need to rewrite section to state that the application is not considered complete until after the Sheriff has completed their investigation. I read the sentence differently . Stcff recommends that Section 22.42.020.M.2.a be reworded to state: djter the Sher` Department's investigation is completed, the Director, within 20 days, shall approve the permit.. 9. Page III -178 D, Would like Council to reconsider restriction of only three pets made up of dogs and cats. Staff recommends that Section 22.42.030 be reworded and amended to more specifically define animal types, quantity, and requirements for animal keeping. 10. Page III-179A1c, would like further clarillcation on why we would allow this? Staff to provide clarification at Council meeting. 11. Page IQ -180 Why do we allow an employee for a large day-care center to park off-street but not an employee of another home business, ie. Page III -183 A5? Staff recommends that the following language be added after the last sentence of Section 22.42.040.A.6 as follows: All required parking spaces shall be provided on-site. 2 98 APR 1C' �'' ' 1` Mayor Herrara City of DiamonCdd 9x765 Diamond Bar, Z t Y� Diamond Bar Toastmasters c/o Catherine Schmitt{ 348 s . Prospectors Rd • . #9 �✓ Diamond Bar, CA 91765 April 10, 1998 d Dear Mayor Herrara: The Diamond Bar Toastmasters Club #168 is celebrating its twenty year anniversary on May 6, 1998• The organization's communication y have positively contributed to the and leadership training programs we are lives of more than five hundred community members.jes and signed igned pria�eothonoring py .it requQsting a club t tentyearsAttached accomplishmentsofthe is the proclamation wording. please consider joining us on May 6, 1998 from 7:15 - 9:15 pm to present the proclamation to the Diamond Bar Toastmasters Club. A If you, or your formal invitation will follow shortly. join •us on May 6th, I would representative, will not be able to j Y Ma 1st. appreciate the proclamation mailed to the address above by act me Thank you for the consideration. . I1 can be reac ed att(909) 869 - additional information 165is 83 (home) 5257 (work) or (909) Sincerely, Catherine ScC hmr esident Diamond Bar Toastmasters April 29, 1998 City of Diamond Bar 21660 E. Copley Drive, Suite 100 • Diamond Bar, CA 91765-4177 (909) 860-2489 • Fax (909) 861-3117 Internet: http://www.ci.diamond-bar.ca.us - City Online (885): (909) 860-5463 Catherine Schmitt, President Diamond Bar Toastmasters 348 S. Propospectors Rd., #9 Diamond Bar, CA 91765 Dear Ms. Schmitt: First, let me extend congratulations to the Diamond Bar Toastmasters Club #168 on their 20th Anniversary. The ability to speak effectively, listen carefully, and to think critically are among the most valuable talents a person can develop. Diamond Bar Toastmasters Club #168 provides the opportunity to develop these leadership qualities. Further, this is to confirm your attendance at the Diamond Bar City Council meeting Tuesday, May 5, 1998, to accept a certificate of recognition on behalf of the Diamond Bar Toastmasters Club #168. The meeting will be held at 6:30 p.m., at the Air Quality Management District (AQMD) auditorium, 21865 E. Copley Drive, Diamond Bar. I look forward to seeing you on May 5! Sincerely, 0/� 4vv,-- Carol Herrera Mayor CH:nw cc: City Council City Clerk R-vded paper Proclamation Diamond Bar Toastmasters Is Twenty Years old whereas, the niamond Bar Toastmasters Club x}`168 has been an active community organization within Diamond Bar for the past twenty years; and Whereas, more than 500 community members have benefited from Toastmasters International Communication and Leadership training; and Whereas, the Diamond Bar Toastmasters Club past and present members make positive contributions to our Diamond Bar community as homeowners, businesspersons and local public officials; Now therefore be it resolved on this day of May sixth, nineteen hundred and ninety eight, the City of Diamond Bar proclaim this day as Diamond Bar Toastmasters day. TOTAL P.02 Miss Diamond Bar Princess Princess Princess Princess Contact: Laurie Paz (909) 628-1355 Kimberly Dorn Ennily Chan Jennifer Javier Melinda Waggoner (wagner) Theresa Zdybel (Zybel) 2 CITY COUNCIL STUDY SESSION SCHOOL TRAFFIC STUDY 10i(N CITY MANAGER EVALUATION PROCESS APRIL 21, 1998 CALL TO ORDER: Mayor Herrera called the meeting to order at 4:12 p.m. in the South Coast Air Quality Management District, Room CC -2, 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; Michael Jenkins, City Attorney; James DeStefano, Deputy City Manager; David Liu, Deputy Director of Public Works, Bob Rose, Community Services Director; Mike Nelson, Communications & Marketing Director; Linda Magnuson, Assistant Finance Director and Tommye Nice, Deputy City Clerk. SCHOOL TRAFFIC STUDY: CM/Belanger stated that the purpose of this study session is to give uninterrupted focus time for Council to make comments and present questions and suggestions for the School Traffic Study recommendations. The matter will be continued to the May 5, 1998 Council meeting for discussion and action. DDPW/Liu presented an overview of the School Traffic Study project and introduced Cathy Lawrence, Austin -Foust Associates, Inc., who explained the study's recommendations and related costs. C/O'Connor said she met with DDPW/Liu and received answers to her questions and comments which included the following: Concerned that some of the resident's comments and concerns were not addressed. 2. How could the consultant get an adequate feeling for the concerns and problems at school sites with one or two hour on-site sessions? 3. Regarding white curbing with posted "No Parking During School Hours" signs, she stated that a white curb is for loading and unloading. If painting curbs white means that during evening hours and on weekends vehicles cannot park in the white curb area, then she would not support the recommendation to paint the curbs white. 4. Concerned that recommendations for Diamond Point Elementary School on Page 3 do not include a crossing guard. 5. Has the Deputy Sheriffs motorcycle officer program been implemented and APRIL 21, 1998 PAGE 2 COUNCIL STUDY SESSION if so, how often he is visiting the schools? (See Page 1.2 of the Introduction) DIAMOND BAR HIGH SCHOOL 6. C/O'Connor expressed concern about the fact that residents and their visitors and repair service personnel cannot park in front of their homes in the Diamond Bar High School vicinity because of the "One -Hour Parking" restriction. Believed that the City should immediately consider a permit process for affected residents. 7. Requested an update on the effectiveness of the opening of the Brea Canyon Rd. bus ingress/egress for exiting passenger vehicles. DDPW/Liu responded that the recommendation is to provide both ingress and egress. However, egress is being permitted on a trial basis only due to current pavement markings. This will be monitored until it is determined that a change needs to be initiated. It appears that the traffic flow is improving as a result and that people are getting used to the egress. Due to the number of accidents, the school has determined that they prefer not to open the bus entrance to provide ingress for passenger vehicle traffic. 8. Disagreed with the study's conclusion No. 3 to recommend diagonal parking on Brea Canyon Rd. due to safety concerns and site distance concerns for vehicles exiting left from Diamond Bar High School onto Brea Canyon Rd. DDPW/Liu explained that several issues need to be studied prior to installation of diagonal parking on Brea Canyon Rd., such as site visibility and safety concerns that would be addressed in a speed study for Brea Canyon Rd. C/Huff stated that he would like to see diagonal parking recommended for both sides of Brea Canyon Rd, which he believed would tend to slow the traffic and gain parking spaces for the high school. DDPW/Liu indicated that staff is concerned about the business area along the west side of Brea Canyon Rd. and the current two-hour parking restriction during the hours of 7:00 a.m. and 6:00 p.m. If diagonal parking is provided to accommodate high school students, the sites will be used by businesses. C/O'Connor felt it was important that high school students not be encouraged to jaywalk by placing diagonal parking along the west side of Brea Canyon Rd. 9. Suggested adding Recommendation No. 7 for Diamond Bar High School to APRIL 21, 1998 PAGE 3 COUNCIL STUDY SESSION include permit parking for residents. In response to CM/Belanger, DDPW/Liu stated that D.B.H.S. is the only school site that has a "One -Hour Parking" restriction in adjacent residential areas. M/Herrera asked if D.B.H.S. can provide incentives and promote car pooling. DDPW/Liu explained that staff spoke to high school officials about providing incentives for busing, but not car pooling. Currently, there are only about 190 on-site parking spaces provided for seniors. The school population exceeds 3,000. Most of the vehicles parked in residential areas belong to senior students. Carpooling can be suggested to the school district as a matter of policy. If Council wishes to include this recommendation, staff can discuss the matter with the school district. C/O'Connor and M/Herrera recommended that seniors be offered the incentive to park in the school parking lot only when they utilize carpooling which would reduce the number of vehicles on site. DDPW/Liu stated that, upon approval by Council, the schools will distribute information to the students regarding the proposed improvements. C/Huff asked if the study encourages pickup and dropoff on the Brea Canyon side of the high school rather than on the Evergreen Springs Dr. side where residences are located. Cathy Lawrence responded that the study recommends greater use of Brea Canyon Rd. by increasing the parking. The study did not specifically address the creation of a loading and unloading zone. C/Huff said that he would like to see a provision for encouraging loading and unloading on the Brea Canyon Rd. side as opposed to the Evergreen Springs Dr. side. DDPW/Liu indicated that some residents recommended closing the Evergreen Springs Dr. school entrance and creation of a parking prohibition for high school students on the neighboring streets. C/Huff reiterated his concern for a solution to encourage students to park in the Brea Canyon Rd. area rather than in the residential areas. M/Herrera said that, years ago, the State's concept was to locate schools sporadically throughout neighborhoods so that children living in those neighborhoods would be able to easily walk to school. C/Huff stated "it's not cool to ride the bus." If there were no cost to students, APRIL 21, 1998 PAGE 4 COUNCIL STUDY SESSION it is likely more students would ride the bus. DDPW/Liu explained that by opening up the bus entrance to vehicular traffic, some of the loading and unloading will occur within the school parking lot with vehicles exiting onto Brea Canyon Rd. and proceeding to Pathfinder Rd. He suggested that staff continue to monitor the effectiveness of this mitigation measure. If the measure is not effective, staff will investigate the feasibility of a second location for the high school. There are insufficient parking spaces at the current location to accommodate the current student population. C/Huff recommended consideration of a satellite parking structure with shuttle service to and from the school. CHAPARRAL MIDDLE SCHOOL: C/O'Connor referred Council to a letter from Gary Werner stating his comments and echoing her concerns that parents view school activities in a way that differs from what the consultant observed. The elimination of traffic through the school parking lot eliminated a good portion of the school's problems. However, it did not alleviate the problem on the City's streets. She believed Council should consider the impact on the neighboring residents as well as the safety of the students. She took exception to the consultant's statement "that complaints received regarding u -turns and double parking appear to be more a holdover from years past when access circulation dropoff/pickup was a much more serious problem than exists today." How does the consultant know that this is the case when he observed the school for one day. She stated that Mr. Werner's letter addresses the fact that the problem still exists. With respect to the parking lot speed humps and Dr. Hockwalt's comments that they are too high, although she does not know from a traffic engineer's perspective whether they are too high, she is very concerned about the children's safety - particularly on Saturdays - and she would not like to have them removed. C/Ansari explained that, on a recent visit to the school, she observed that parents speed up and go around the speed humps. She said she is also concerned about the children's safety if the speed humps are removed, especially on the weekends. C/O'Connor stated that during school hours, the parking lot is full and the speed humps are not a problem. However, the City needs to look at the situation under other circumstances such as when the school is used for weekend activities. She stated that she did not see the issue raised by concerned residents who wanted a crosswalk on Ironbark Dr. and a "No U-turn" at Aspen Knoll Dr. addressed by the consultant. DDPW/Liu responded that he believed "No U-turn" signs would be appropriate at Aspen Knoll Dr. With respect to the suggestion for a crosswalk, the consultant was APRIL 21, 1998 PAGE 5 COUNCIL STUDY SESSION concerned that installation might create a false sense of security for pedestrians. Further, although the speed humps are on school property and under the jurisdiction of the school district, if it is Council's wish, staff will relay the concerns regarding the children's safety if speed humps are removed. M/Herrera reiterated her explanation that speed humps were originally installed to prevent drag racing in the parking lot in response to concerns expressed by neighboring residents. She stated that the speed humps are high and it may be better if the height is reduced rather than eliminating them. C/Huff agreed that speed humps should remain in the parking lot. MPT/Chang said he also believed the speed humps should not be removed. C/Ansari thought perhaps the speed humps need to remain in the parking lot. Perhaps they are not the proper size or height. M/Herrera asked for comments regarding enforcement. C/Ansari said she would like to have enforcement on the street and that tickets should be given out for illegal U-turns. In response to C/O'Connor, CM/Belanger explained that the cost to hire a designated school traffic enforcement officer would be about $116,000 per year for one 40 -hour car. C/O'Connor believed that a uniformed person located in the school area would greatly improve compliance at school sites and reiterated her suggestion to have the Senior Patrol stationed at school sites during peak traffic hours to promote compliance. CM/Belanger stated the solution may be to engage civilians that are not associated with the Sheriffs Department to perform certain types of activities. M/Herrera suggested that Council request that the Walnut Valley and Pomona School Districts request their respective sheriffs and police personnel to be present and active during opening and closing of school sessions. DDPW/Liu responded to C/O'Connor's question about having crossing guards located at schools for grades other than warranted K -F (Page III -7). It is correct that the CalTrans criteria provides that crossing guards are to be provided for school ages K-6. However, other age groups may be provided crossing guard services and cited the fact that Lorbeer Middle School has a crossing guard. C/Huff asked if the study contemplated placing a stop sign at the intersection of Pecan Grove Dr. and Mountain Laurel Wy. APRIL 21, 1998 PAGE 6 COUNCIL STUDY SESSION DDPW/Liu explained that warrant studies were conducted for Spruce Tree Dr. at Mountain Laurel Wy., Aspen Knoll at Spruce Tree Dr. and Ironbark Dr. at Spruce Tree Dr. C/Huff explained why it is difficult for motorists to get back out onto Mountain Laurel Wy. from Spruce Tree Dr. during peak hours and asked for reconsideration of a stop light at Pecan Grove Dr. at Mountain Laurel Wy. in spite of the fact that it is not warranted. C/O'Connor asked if it is possible to place a temporary stop sign at that location during school hours. CM/Belanger said it can be done, but the Sheriffs Department may not be able to issue enforceable tickets for non-compliance. DDPW/Liu stated that staff can research this method of mitigation to see how it has worked in other communities. C/O'Connor liked the idea of using cones where crossing guards are located. CM/Belanger responded that by using unwarranted signage, signals and crossing guards, the City expands the scope of its liability. DDPW/Liu asked Council concurrence to direct staff to investigate the feasibility of a stop sign installation at Pecan Grove Dr. and Mountain Laurel Wy. In response to C/Huff, DDPW/Liu explained that the study includes accident history as it relates to reported accidents only. LORBEER MIDDLE SCHOOL C/O'Connor reiterated her concern about removing the red curbing so that the street can be used for parking during evening and weekend events. She suggested that right turn only indicators be painted on the parking lot surface and enforcement be recommended instead of installing a left turn barrier which would significantly reduce the cost. M/Herrera asked for consensus on the white curb issue DDPW/Liu explained that in conjunction with the white curbing, signage will be installed to indicate "Passenger Loading and Unloading Only between the hours of 7:00 a.m. and 4:00 p.m. on schooldays only." Council concurred to remove the red curbing and install white curbing with signage as well as install "right turn only" indicators. APRIL 21, 1998 PAGE 7 COUNCIL STUDY SESSION SOUTH POINT MIDDLE SCHOOL CM/Belanger spoke about the secondary access road (Diamond Lane) which will encourage residents who live toward Walnut and in the neighborhood to use the road instead of proceeding up to Black Hawk Dr. In addition, the school buses will use the new access road. The new access road should change the impacts that are occurring on Larkstone Dr., Black Hawk Dr. and Lemon -Ave. In response to C/O'Connor, CNUBelanger reported that the new access road will be open prior to the September, 1998 school session. DDPW/Liu referred the Council to Page V-4 of the study which discusses an upgrade to the pedestrian opening and stated that a traffic signal can be installed at the location by September, 1998. ARMSTRONG ELEMENTARY SCHOOL C/O'Connor stated she would like to have the white curb removed as long as signage is provided. Council concurred. CASTLE ROCK ELEMENTARY SCHOOL C/O'Connor asked about parents' concerns about moving the crossing guard on Brea Canyon Rd. and Cold Springs Ln. to Castle Rock and Cold Springs. DDPW/Liu responded that the consultant reviewed the intersection of Brea Canyon Road and Cold Springs Lane and found that it did not meet the warrant criteria for a crossing guard. C/O'Connor said she believes the warrant study requirements are quite high in this state and she is more concerned about pedestrian safety. DDPW/Liu responded to CM/Belanger that the cost of a crossing guard is about $5,500 per intersection per year. The current budget of $55,000 covers 11 intersections. He indicated that tonight's City Council meeting agenda includes a recommendation of the budgeting of $60,000 for 12 intersections for the 1998/1999 fiscal year. Castle Rock Rd. and Cold Springs Ln. is statistically warranted for a crossing guard. C/O'Connor suggested that parents be polled to determine if they would like to have the crossing guard removed or an additional crossing guard installed at Brea Canyon Rd. and Cold Springs Ln. In response to C/Huff, DDPW/Liu indicated that staff will be conducting a speed survey along Brea Canyon Rd. in connection with the street improvement project. APRIL 21, 1998 PAGE 8 COUNCIL STUDY SESSION CM/Belanger explained that this recommendation was in part based upon economy. Therefore, Council needs to determine if it is worth the $5,500 expenditure to retain the Brea Canyon Rd. crossing guard and have 2 guards instead of 1. At C/Huffs suggestion, Council concurred with the school's recommendation. DIAMOND POINT ELEMENTARY SCHOOL C/O'Connor asked that the following statement be removed from Page I: "Granted there may be a 15 minute period of congestion, but the complaint of jaywalking was not particularly evident. The school stressed that students be escorted by parents if they are crossing the street to get to cars waiting on the opposite side of Sunset Crossing Road." She said that this is an incorrect statement. In no way does the school encourage students to cross mid -block. She has discussed this matter with the school's principal and she wants the statement removed from the study. There was consensus to remove the statement. M/Herrera stated that if the statement is incorrect, she would support its removal. EVERGREEN ELEMENTARY SCHOOL C/O'Connor said that during workshops, there was considerable discussion about changing the configuration of the school's parking lot. There is no recommendation in the school traffic study. She suggested that a recommendation be include to provide for expansion of the circular drive and the parking lot. CM/Belanger suggested that the consultant speak with school officials and suggest recommending constructing a bus turnout at the westerly end of the parking lot where two buses could be stacked. He believed the site distance causes most of the problems for vehicular traffic. In addition, there should be some thought given to a set traffic pattern for the buses. MPT/Chang said that there is a small piece of grassy area that could be converted to a parking area and accommodate two buses. In this way, children could walk along the sidewalk that is adjacent to the school and not encounter street traffic. C/O'Connor referred Council to a comment made by Joe Foust during the June 12, 1997 Traffic & Transportation Commission meeting that no recommendations would be made unless the school approved them. She said that the circumstances may be that he had a recommendation for this school which school officials did not approve and; therefore, he did not include it in his recommendations. She felt that the parameters of the study should not include school officials' concurrence, but that all recommendations should be forwarded by the consultant. At that point, it would be up to Council to encourage schools to fully participate in the recommended changes. APRIL 21, 1998 PAGE 9 COUNCIL STUDY SESSION MPT/Chang suggested, as an alternative, that the grassy area could be converted to a teacher only parking lot so that school buses could enter the parking lot area for pickup and dropoff. Although teachers may object because it is a greater distance for them to transport their materials, he believed the safety of the children is more important than teachers' convenience. C/O'Connor indicated that the parents' suggestion for "No U-turn" signs did not appear to be included in the consultant's recommendations. She asked if the recommendation to "paint knuckle curve red to prohibit parking" is addressing the issue of the fire hydrant located across from the school. M/Herrera responded affirmatively. C/O'Connor reiterated her recommendation to reconstruct the Evergreen Elementary School parking area. M/Herrera recommended that the consultant speak with the principal once again to attempt to arrange a compromise for parking on the grassy area. CM/Belanger asked if Council would like permit parking considered for this area. He recommended that Council consider whether they would encourage a one-way traffic pattern at the school during dropoff/pickup hours. Council concurred to direct staff and the consultant to reconsider alternative recommendations for Evergreen Elementary School. QUAIL SUMMIT ELEMENTARY SCHOOL C/Huff commented that no recommendations have been made for this school because it is undergoing current recor contemplated, vehicles proceeding from proceed to the existing lot, turn around, proceeding north on Quail Summit Dr. dropoff/pickup and leave. struction in the parking area. As it is D.B. Blvd. toward Quail Summit Dr. will dropoff/pickup and leave, and motorists will enter the second lot, turn around, CM/Belanger stated that the Quail Summit Elementary School Principal does not support student dropoff/pickup on Forest Canyon Dr. because there is insufficient parking in the Paul C. Grow Park parking lot and there is a concern that Forest Canyon Dr. cannot accommodate additional traffic. C/Huff believed that the Forest Canyon Dr. side of the school is much safer for dropoff/pickup than Quail Summit Dr. because there is less traffic. Jerry Hamilton, 1429 Copper Mountain Dr., said this matter is as important as the Development Code currently under consideration by the City. He did not find any reference to anticipated school population increase in the report. Quail Summit APRIL 21, 1998 PAGE 10 COUNCIL STUDY SESSION Elementary School will add 60-90 students, which may similarly impact the number of vehicles at the school site. Instead of a bandaid approach, the increase should be considered at this time with improvements projected to accommodate the growth. Traffic signal installation at Quail Summit Dr. and D. B. Blvd. will mean more traffic on Quail Summit Dr. In response to C/Huff, DDPW/Liu explained that the consultant's report recommends that if the current improvements do not accommodate the vehicular. traffic, that consideration be given to implementation of a second dropoff/pickup operation in the new parking lot and to initiate a curbside dropoff/pickup operation on the north side of Forest Canyon. With respect to Mr. Hamilton's comments, the information provided by the school district indicates that with the recent expansion, the school anticipates 50 additional students. CM/Belanger asked if traffic counts were done at the right hand turns at Rolling Knoll Rd. and Countryview Dr. during the morning periods to determine how much traffic is coming to the school site from the Summitridge Dr./Longview Dr. area. DDPW/Liu did not believe that this information was included as part of the study GOLDEN SPRINGS ELEMENTARY SCHOOL C/O'Connor stated that there were concerns expressed by parents which were not addressed in the study. Regarding a statement on X-4 indicating that parents currently pickup students at the back of the school, numerous comments were made by parents that disagreed with the statement. Another statement indicated that "school staff indicates they have requested a crossing guard for EI Encino Dr. but were told that each school gets only one" which we know is not true - the City has no such policy. She recommended that Council forward a letter to the school indicating that this is not a City policy, and that the requirement for school crossing guards is based on warrant studies. She was concerned about a statement on Page 5 for a consultant to say "of course, this raises the chicken and egg question." She did not believe it was appropriate for this type of statement to be included in the report. (The reference is to putting in a crossing guard and people will use it) The study contains the statement that "the parents' reluctance to use the street (EI Encino Dr.) may simply be a lack of any adult supervision;" however, parents who spoke at the Traffic & Transportation Commission Meeting and Mr. Steve Tye's letter indicate parents do use that exit. This school may require further consideration. AYSO also uses the EI Encino Dr. access area when they play soccer at the school. The school district requested a new ladder -type crosswalk. She asked if a sign will be posted. DDPW/Liu responded that when the City installs a ladder crosswalk, a sign must be erected to supplement the pavement markings. He indicated that language will be included with the recommendation for the crosswalk that signage will be posted. APRIL 21, 1998 3 4. PAGE 11 COUNCIL STUDY SESSION In response to C/O'Connor, DDPW/Liu indicated that the recommended improvements included within the report with which the school districts and school officials have concurred will be paid for by the school districts upon approval by the school board, with the exception of Diamond Bar High School. C/Huff said he received a letter from Al Rumpilla which indicates parents dropoff and pickup students in front of his house because they are prohibited from dropoff and pickup on Golden Springs Dr. M/Herrera stated this matter will be continued to the May 5, 1998 study session for purposes of discussing Maple Hills Elementary School and Walnut Elementary School. She reminded staff about the requested changes to the report and requested that the consultant continue to talk with a couple of the schools. MPT/Chang said that the recommended changes for the schools are good minor fixes. However, major traffic problems will continue to exist. He suggested that if school bus fees were reasonable and parents could afford to transport their children in this manner, it would relieve much of the traffic problem. M/Herrera responded that it is the philosophy of the school board not to spend any education dollars for transportation. A school district is obligated to provide education and not obligated to provide transportation. When providing transportation as a convenience, the amount students are charged is the total amount of what it costs the school district for buses, maintenance and personnel based upon the number of riders. If the cost is lowered, it means the money is taken away from the classroom budget. CITY MANAGER EVALUATION PROCESS: M/Herrera distributed City Manager evaluation forms to City Council Members. She requested that the completed forms be turned in by April 30, 1998. ADJOURNMENT: 6:07 p.m. The next City Council Study Session is scheduled for 4:00 p.m. on May 5, 1998. ATTEST: Mayor TOMMYE NICE, Deputy City Clerk MINUTES OF THE CITY COUNCIL J, bf REGULAR MEETING OF THE CITY OF DIAMOND BAR APRIL 21, 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: Mayor Herrera called the meeting to order at 6:35 p.m. in the South Coast Air Quality Management District Auditorium, 21865 E. Copley Dr., Diamond Bar, California. PLEDGE OF ALLEGIANCE: Parks & Recreation Commissioner Patty Anis INVOCATION: Father Olin Mayfield, St. Denis Church ROLL CALL: Council Members Ansari, Huff, O'Connor, Mayor Pro Tem Chang, Mayor Herrera Also present were: Terrence L. Belanger, City Manager; Michael Jenkins, City Attorney; James DeStefano, Deputy City Manager; David Liu, Deputy Public Works Director; Bob Rose, Community Services Director; Mike Nelson, Communications & Marketing Director; Linda Magnuson, Assistant Finance Director and Tommye Nice, Deputy City Clerk. APPROVAL OF AGENDA: CM/Belanger recommended continuation of Agenda Item No. 8.2 regarding the Diamond Bar Ranch Festival to a future meeting. M/Herrera asked that Agenda Item No. 9.2 be brought forward for consideration following Agenda Item No. 3, Special Presentations, Certificates, Proclamations. Council concurred to amend the Agenda as requested. 3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 3.1 Proclaimed May 3 through 9, 1998 - as "Hire -A -Veteran Week." 3.2 Proclaimed May, 1998 as "Water Awareness Month." 3.3 Proclaimed April 26 to May 2, 1998 as "Child Passenger Safety Week." 3.4 Presented Certificate of Recognition to resident Sharon Butler, recently named Mrs. Los Angeles County. 4. PUBLIC COMMENTS: Alan Wilson announced that the Friends of the APRIL 21, 1998 E PAGE 2 Library would hold a Wine Tasting Soiree on Sunday, April 26, 1998 from 2:00 p.m. to 5:00 p.m. at the Shilo Hilltop, 3101 Temple Avenue. Tickets are available for $25 or can be purchased at the door for $30. Next month, the Library will be closed for renovation. Jean Witzman, 21300 Tambo PI., asked Council to consider issuing parking passes to residents who live on streets where "One Hour Parking" signs are posted. She presented a petition signed by neighborhood residents. Jerry Hamilton, 1429 Copper Mountain Dr., thanked CSD/Rose, the Sheriffs Department and the Kiwanis Club for their assistance with the April 19, 1998 Kiwanis 5K -10K Walk/Run. NEW BUSINESS: 9.2 MATTER OF APPOINTMENT TO COMMUNITY ADVISORY COMMITTEE FOR WALNUT SHERIFF'S 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 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 5. SCHEDULE OF FUTURE EVENTS: 5.1 PARKS & RECREATION COMMISSION - April 23, 1998 - 7:00 p.m., AQMD Hearing Board Room, 21865 E. Copley Dr. 5.2 DIAMOND BAR CHAMBER OF COMMERCE EGGS AND ISSUES BREAKFAST - April 24, 1998 - 7:14 a.m., D.B. Country Club - 22801 Golden Springs Dr. - speaker: Senator Mountjoy. 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. APRIL 21, 1998 PAGE 3 CM/Belanger announced that the D.B. Library will be closed from May 1, 1998 to July. 31, 1998 for renovation. The Rowland and Walnut Branch Libraries will be open. The Walnut Branch Library will extend its hours by 15 hours per week during the renovation period. The Rowland Library is open seven days (69 hours) per week. 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 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 Study Session of April 7, 1998 - As submitted. 6.2 RECEIVED AND FILED TRAFFIC & TRANSPORTATION COMMISSION MINUTES - Regular Meeting of February 12, 1998. 6.3 APPROVED 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) - Investment CD in the amount of $10,000 posted with the City on August 22, 1997 and directed the City Clerk to notify the Principal and Surety of this action. 6.5 APPROVED CONTRACT AMENDMENT WITH INTERNATIONAL CROSSING GUARD SERVICES amending the existing 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 APRIL 21, 1998 PAGE 4 UNDER GOVERNMENT CODE SECTION 34090. 6.9 REVIEWED AND APPROVED TREASURER'S STATEMENT - March, 1998. MATTERS WITHDRAWN FROM CONSENT CALENDAR: 6.1.2 City Council Minutes - Regular Meeting of April 7, 1998. C/Huff and C/O'Connor requested that their comments regarding their "No" votes on Agenda Item No. 8.2 be included in the minutes. C/Huff moved approval with corrections, C/O'Connor seconded. 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 6.6 CONTRACT AMENDMENT WITH LANDSCAPE WEST, INC. TO PROVIDE LANDSCAPE MAINTENANCE SERVICES FOR LIGHTING AND LANDSCAPE MAINTENANCE DISTRICT NO. 41. C/Huff expressed concern that Council approval of an increase of only $224 is necessary, especially when this amount has been spent for staffs time in preparing this matter for the Agenda. Following explanation and discussion, C/Huff moved, C/O'Connor seconded, to deny the request for an increase in the contract. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Huff, O'Connor, MPT/Chang, M/Herrera NOES: COUNCIL MEMBERS - Ansari 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, ARTICLE III - SITE PLANNING AND GENERAL DEVELOPMENT STANDARDS AND THE CITYWIDE DESIGN GUIDELINES. Consultant Ron Pflugrath presented a summary of previous Development Code discussions and their relationship to Article III as well as an overview of proposed Article III. In response to C/O'Connor, Mr. Pflugrath stated that with respect to paved front yard areas and other matters, the new Development Code provisions will take effect upon approval and will not apply to construction completed APRIL 21, 1998 PAGE 5 prior to approval. In response to M/Herrera, Mr. Pflugrath explained that homeowners need to obtain a Minor Conditional Use Permit from the City to complete a paved recreational vehicle parking area within the sideyard setback. C/Huff stated he would like to have the Chamber of Commerce respond in writing to the proposed Sign Ordinance; particularly with respect to signage along the freeways, which he believed could be relaxed to take advantage of freeway traffic. In response to C/Ansari, CM/Belanger reported that the Chamber of Commerce believed they should have been more extensively involved in development of the Sign Ordinance. No specific comments regarding the proposed Sign Ordinance were forthcoming. If the Council requires a written comment from the Chamber prior to approval of the Development Code, a deadline of May 5, 1998 would be recommended. In response to C/O'Connor, Mr. Pflugrath indicated that with respect to Figure 3-20 on Page 48, the figure will be referenced to positioning of structures relative to ridgelines. C/O'Connor asked that language be added to insure that sandbags do not remain on property for an unreasonable length of time and that they are not used in place of retaining walls. DCM/DeStefano stated that the reference for Figure 3-20 should be added to the bottom of Page III -44. In response to C/O'Connor, DCM/DeStefano explained that the Ordinance (Page III -88) does not specify particular devices such as leaf blowers. Rather, it pertains to the general issue of the "spike" that the noise creates throughout the day. The City measures decibel levels in response to complaints. C/O'Connor said she is concerned about enforcement of provisions contained within the Development Code as in the case of garbage trucks (Page 89). DCM/DeStefano reiterated that the city's general style of enforcement is on a reactive and complaint -generated basis. In response to C/Huff, DCM/DeStefano reported that the Planning Commission was generally concerned about the topical issue of leaf blowers and the noise they may generate. The Commission recommended approval of language that eliminates gas -powered leaf blowers within 500' of a APRIL 21, 1998 PAGE 6 residence unless that device can be kept at a decibel level described within the document. Mr. Pflugrath stated that leaf blower manufacturers are responding to public concerns by including the decibel level on their product packages. C/O'Connor said that Page 152 A. (trees, except those designated by the City Council as historical or cultural tree and trees required to be preserved, relocated or planted as a condition of approval of a Discretionary Permit Located) regarding exemptions, had not been corrected according to the approved Planning Commission minutes. She requested that the following language be added to h. 3. on Page 171: "sufficient to prevent viewing from ou i " and a clearer definition of the intent of Paragraph 2.a. on Page 174. Following discussion, Council directed staff to recommend alternative language regarding the number of pets per household and the language regarding day care centers. M/Herrera declared the continued Public Hearing open. There being no testimony offered, MPT/Chang indicated that the matter would be continued to the meeting of May 5, 1998. 8. OLD BUSINESS: 8.1 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 Resolution No. 98-22. 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 8.2 DIAMOND BAR RANCH FESTIVAL FUNDING - In accordance with staffs recommendation, Council concurred to continue this matter to an unspecified future meeting. 9. NEW BUSINESS: 9.1 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 Resolution No. 98-23. Motion carried by the following Roll Call vote: APRIL 21, 1998 PAGE 7 AYES: COUNCIL MEMBERS - Ansari, Huff, O'Connor, MPT/Chang, M/Herrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 9.3 MATTER OF OPPOSITION TO SENATE BILL 2010 - Following discussion, C/Huff moved, MPT/Chang seconded, to oppose Senate Bill 2010. Motion carried by the following Roil 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: 9:33 p.m. RECONVENE CITY COUNCIL MEETING: 9:35 p.m. 10. COUNCIL SUBCOMMITTEE REPORTS: C/Ansari reported on Regional Transportation meetings she attended for the So. Calif. Assn. of Governments (SCAG) and Contract Cities board and subcommittee meetings, Government Relations meeting. She attended the April 11, 1998 Baton Day in honor of the Philippinee veteran survivors of the Baton March. She also attended two Chamber of Commerce meetings and met the new Counsel General from China. MPT/Chang reported on his trip to Taiwan which included a visit to D.B.'s Sister City. C/O'Connor thanked CSD/Rose and his staff for their excellent work on the 9th Anniversary Celebration. C/Huff reported on the status of the Solid Waste Task Force discussions. M/Herrera reported on the status of the Off -Site Parking Task Force. 11. COUNCIL MEMBER COMMENTS: C/Ansari announced that the City of Monrovia requested the City to enter a car in its Soap Box Derby. Last night she served at a Boy Scout Board of Review. MPT/Chang spoke about the success of the 9th Anniversary Celebration. He thanked the residents, the booth operators, and CSD/Rose and his staff for their participation. All Council Members were present. C/O'Connor participated in the April 11, 1998 Lions Club Easter Egg Hunt which was attended by hundreds of children. She reported on the April 16, 1998 Disaster meeting which was attended by about 30 residents. She thanked Ann Haraksin for APRIL 21, 1998 PAGE 8 arranging participation by FEMA, OES, and SBA. She also thanked C/Ansari and M/Herrera for attending the meeting. C/Huff commented on the success of the 9th Anniversary Celebration. He reported on his attendance at the Operation Safe Community hosted by Jerry Davenport, Rowland School District Board Member. He asked staff to relay information regarding the City of LaMirada's Parking Ordinance. He asked the Off -Site Parking Task Force to remain patient and continue considering all dialogue with respect to recommendations for solving the city's parking problems. M/Herrera talked about the Off -Site Parking Task Force. She felt it was regrettable that some members had resigned because they felt they had a minority viewpoint and that their comments were not heard. She asked that all recommendations and viewpoints be forwarded to Council. She emphasized that all questions and concerns are important in the process of adopting the Development Code. She thanked staff for their participation in the success of the 9th Anniversary Celebration and announced that April is Alcohol Awareness Month. 12. ADJOURNMENT: There being no further business to discuss, M/Herrera adjourned the meeting at 10:03 p.m. ATTEST: Mayor LYNDA BURGESS, City Clerk CITY OF DIAMOND BAR MINUTES OF THE TRAFFIC AND TRANSPORTATION COMMISSION MARCH 12, 1998 CALL TO ORDER: Chair/Leonard-Colby called the meeting to order at 7:04 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, and Commissioners Istik, Morris and Lin. Commissioners Absent: Virginkar. Staff: Deputy Director of Public Works David Liu, Assistant Engineer Rose Manela, and Administrative Assistant Tseday Aberra. I. REORGANIZATION OF THE TRAFFIC AND TRANSPORTATION COMMISSION. Due to the absence of VC/Virginkar, C/Istik moved, C/Morris seconded, to continue this matter to the April 9, 1998 meeting. The motion was carried 4-0 with the following Roll Call vote: AYES: COMMISSIONERS: Istik, Lin, Morris, Chair/Leonard-Colby NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: VC/Virginkar II. APPROVAL OF MINUTES A. Minutes of February 12, 1998. C/Istik moved, C/Morris seconded, to approve the minutes of February 12, 1998 as presented. Without objections, the motion was so ordered. III. COMMISSION COMMENTS: Chair/Leonard-Colby welcomed Traffic and Transportation MARCH 12, 1998 PAGE 2 T&T COMMISSION Commissioner Scott Lin. C/Morris stated a concerned citizen asked that trash receptacles be placed at all bus stops in the City. He stated that as a result of the new school bus law students have been observed jaywalking in front of vehicles that stop in compliance with the flashing red lights. He suggested enforcement in the area of Golden Springs Elementary School. IV. PUBLIC COKKENTS: None V. CONSENT CALENDAR: None VI. OLD BUSINESS: A. Multi -gray stop signs at 10 local area intersections. AE/Manela presented staff's report. Staff recommends that the Traffic and Transportation Commission consider the consultant's recommendations and discuss further alternatives for mitigation measures and/or educational programs. Chair/Leonard-Colby asked for public comment. Carol Long, 1044 Summitridge Drive, said she did not receive a notice regarding tonight's meeting. She said she is glad a stop sign will be installed at Breckenridge Drive at Summitridge Drive, but she feels that the neighborhood needs additional stop signs at Thunder Trail and Brookwood Drive. She indicated it is too far between stop signs and vehicles travel very fast during weekday commute hours. She stated she feels the area needs more stop signs to slow down the traffic. Jesse Avella, 1124 Summitridge Drive, said he agrees that one stop sign at Breckenridge Drive will not do the job. Although the majority of motorists obey the speed limit, he said he is concerned that because some people travel at a high rate of speed he is concerned about the safety of the residents. C/Morris stated he feels the installation of a stop sign at Breckenridge Drive is a good first step. He said it is unfortunate that the Sheriff's Department is not represented this evening to provide input on this matter. He assured the residents that the MARCH 12, 1998 PACE 3 T&T COMMISSION Commission will continue to monitor the area for future needs. C/Lin said he shares the residents' concerns. He indicated that the consultant's recommendation to install a stop sign on Breckenridge Drive will not slow down the oncoming traffic on Summitridge Drive which has a speed limit of 25 MPH. He pointed out that the consultant indicated an average speed of between 35 to 45 MPH on Summitridge Drive and he believes the issue is "enforcement" and not a stop sign. C/Istik said that it is unfortunate that not as many concerned residents attended tonight's meeting as had attended the February 12, 1998 meeting. He asked if the same notices were sent out. Jesse Avella said he spoke with several of his neighbors who received the notification and they understood the meeting would take place at 7:30 p.m. which may be the reason they are not yet present. Vince Corti, 1090 Summitridge, asked if the stop sign that has been approved will face Breckenridge Drive with no stop sign on Summitridge Drive. He said he does not believe a stop sign on Breckenridge Drive will solve the problem. Summitridge Drive is the street that he is concerned about and with no stop sign, motorists will continue to speed. He stated that although speed humps may be unappealing to the neighborhood, they may enhance the safety of the residents. DDPW/Liu responded to C/Istik that residents within a 500 foot radius of the intersections of Summitridge Drive and Breckenridge Drive as well as, Longview Drive and Brookwood Drive were notified about tonight's meeting. C/Istik stated he concurs with staff's report and the fact that if stop signs are used to slow traffic, motorists tend to speed up between signs which causes them to increase speed to make up for having to stop. He indicated that although he favors consideration of speed humps where warranted to slow vehicles in residential neighborhoods, the city has decided not to pursue this form of mitigation measure at this time. He recommended NARCB 12, 1998 PAGE 4 T&T CONNI88ION enacting the staff's recommendations. Chair/Leonard-Colby said she understands the residents' concerns. There is a tendency for motorists to travel at a higher rate of speed on Longview Drive and although she feels the street may be a good test site for speed humps she believes the city should adopt a uniform policy. She indicated she agrees with the basis of the consultant's recommendations but she would like to have further restrictive mitigation measures. she suggested the city conduct a speed survey in the area. She favors stop sign installations for the intersections of Summitridge Drive and Breckenridge Drive as well as, Longview Drive and Brookwood Drive. Carol Long said now that she is clear about the recommendations before the Commission, she is not happy. She indicated that when she left the February 12, 1998 Commission meeting, the residents understood that the Commission agreed to make a recommendation for stop sign installations to the City Council and that there would be enforcement in the area. She said she has not witnessed any enforcement in the area. C/Istik explained that the Commission will make a recommendation to the City Council and the City Council may or may not adopt the recommendation. Nothing happens in the way of installation or enforcement until the City Council takes an action. Chair/Leonard-Colby explained that the Commission requested additional information from staff for consideration and continued the matter to tonight's meeting for consideration and recommendation to the City Council. DDPW/Liu responded to Carol Long that an R1 stop sign is a regulatory red stop sign. Carol Long stated she will not be happy until the traffic slows down on her street by whatever measure is necessary, including speed humps. She reiterated her concern that someone will be hit and killed. DDPW/Liu responded to Chair/Leonard-Colby that staff related the Commissions' concerns regarding enforcement in the area to the Sheriff's Department MARCH 12, 1998 PAGE 5 T&T COMMISSION representative who determines how the area in question will be incorporated into the overall enforcement provided to the City. He pointed out that the minutes of the February 12, 1998 minutes indicated that the Commission felt that prior to making its recommendation to the Council, there was a need for further study of the two intersections that are being discussed this evening. He suggested that the Commission may wish to conduct a separate an independent speed study of the two streets in question which would assist the residents and the City Council to understand the magnitude of the speeding problem. Doug Corbett, Summitridge Drive, said that when he backs out of his driveway on weekday mornings, he must,back into oncoming traffic to avoid traffic coming around the curve. He stated he is aware of two vehicle accidents and one pedestrian accident at the intersection close to his home. The hours of concern are from about 6:00 a.m. to 5:00 a.m. and 3:30 p.m. to 6:00 p.m. during weekdays. He further stated he favors stop signs at both intersections (Summitridge Drive and Breckenridge Drive, and Longview Drive and Brookwood Drive). DDP/Liu explained that the consultant's recommendation for installation of a stop sign on Breckenridge Drive at Summitridge Drive addresses the sight distance concern and does not address the speeding concern. The time necessary to complete a speed survey depends on the amount of area to be covered. C/Lin said that if installation of stop signs cause motorists decide to take alternate routes, that is okay because the residents are entitled to enjoy their neighborhood. C/Morris moved, C/Istik seconded, to recommend to the City Council the installation of a three-way Stop Sign at the intersection of Breckenridge Drive and Summitridge Drive, and install 20 feet of red curb along the west side of Longview Drive south of Brookwood Drive. The motion was carried 4-O.with the following Roll Call vote: AYES: COMMISSIONERS: Istik, Lin, Morris, Chair/Leonard-Colby MARCH 12, 1998 PAGE 6 T&T COMMISSION NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: VC/Virginkar Following extensive discussion regarding speeding traffic, safety concerns and cut -through traffic, C/Istik moved, C/Morris seconded, to invite all residents along Summitridge Drive and Longview Drive north of Grand Avenue to voice their concerns at the April 9, 1998 Traffic and Transportation Commission meeting prior to taking further action. The motion was carried 4-0 with the following Roll Call vote: AYES: COMMISSIONERS: Istik, Lin, Morris, Chair/Leonard-Colby NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: VC/Virginkar C/Lin moved, C/Istik seconded, to approve the consultant's recommendation to install a W7A warning sign on Brea Canyon Road in the vicinity of Silver Bullet Drive. The motion was carried 4-0 with the following Roll Call vote: AYES: COMMISSIONERS: Istik, Lin, Morris, Chair/Leonard-Colby NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: VC/Virginkar The Commission requested that staff provide a report including overhead exhibits of existing signage installations and locations on Summitridge Drive and Longview Drive for the April 9, 1998 Traffic and Transportation Commission meeting. B. Feasibility of installing additional mitigation measures on Goldrush Drive. DDPW/ presented staff's report. Staff recommends that the Traffic and Transportation Commission concur with staff's recommendation not to install additional mitigation measures on Goldrush Drive at this time. It is also recommended that a speed/radar trailer be periodically stationed on this street. C/Istik moved, C/Morris seconded, to concur with staff's recommendation not to install additional mitigation measures on Goldrush Drive at this time and recommend that a speed/radar trailer be MARCH 12 1998 PAGE 7 T&T CONNISSION periodically stationed on this street. The motion was carried 4-0 with the following Roll Call vote: AYES: COMMISSIONERS: Istik, Lin, Morris, Chair/Leonard-Colby NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: VC/Virginkar C. Goals and objectives of the Traffic and Transportation Commission. Chair/Leonard-Colby asked the Commissioners for their concurrence to complete the numerical prioritization of the Commission's goals and objectives for review and discussion at the April 9, 1998 meeting. VII. NEW BUSINESS: A. Request to extend existing red curb on the east side of Golden Sprinqs Drive between Sylvan Glen Road and second driveway to the condominiums. AA/Aberra presented staff's report. Staff recommends that the Traffic and Transportation Commission recommend to the City Council the extension of the existing 15 feet of red curb on the east side of Golden Springs Drive between Sylvan Glen Road and the second driveway to the condominiums by an additional 15 feet. AA/Aberra responded to C/Morris that this item was referred to staff by a resident of the condominium complex. C/Morris stated he agrees with staff's recommendation and suggested that in the future, when staff receives a request from a condominium owner that the homeowners association be contacted for concurrence. C/Morris moved, C/Lin seconded, to recommend to the City Council the extension of the existing 15 feet of red curb on the east side of Golden Springs Drive between Sylvan Glen Road and the second driveway to the condominiums by an additional 15 feet. The motion was carried 4-0 by the following Roll Call vote: XARCH 12, 1998 PAGE 8 T&T CONXISSION AYES: COMMISSIONERS: Istik, Lin, Morris, Chair/Leonard-Colby NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: VC/Virginkar VIII. STATUS OF PREVIOUS ACTION ITZKS: AA/Aberra responded to Chair/Leonard-Colby that from time to time vehicles are parked in the no parking area on Pathfinder Road bridge. These vehicles are ticketed. She stated that staff will present its recommendation to install No Parking/No Stopping signs in the area. IX. ITEMS FROM COMMISSIONERS: C/Istik asked what the traffic impacts will be to Diamond Bar city streets as a result of the City of Industry's sale of the 78 acre industrial park (the former MRF site) to Cole Development. DDPW/Liu responded that the City has retained a traffic engineering consultant to review this matter. Diamond Bar reviewed the report and did not completely agree with the findings. Diamond Bar is presently negotiating a Memorandum of Understanding for payment of impact fees. Responding to Chair/Leonard-Colby that the traffic signal installation on Diamond Bar Boulevard and Palomino Drive is slated to be completed ahead of schedule. The storage capacity for the southbound Diamond Bar Boulevard left turn queue onto Palomino Drive will be increased. The street rehabilitation project plans for Diamond Bar Boulevard from Palomino Drive northerly to Temple Avenue are currently in plan check. The street improvement is slated to commence this summer. C/Morris asked that the striping on northbound Diamond Bar Boulevard, north of Palomino Drive, also be looked into. C/Lin asked for clarification on a "One Way" sign posted on Diamond Bar Boulevard exiting the joint drive of the Post Office and the Lucky's shopping center. X. ITEMS FROM STAFF: DDPW/Liu reported that the shrubbery at the southeast corner of northbound Diamond bar Boulevard at westbound SR 60 on/off ramp was trimmed by CalTrans on February 23, MARCH 12, 1998 PAGE 9 T&T COMMISSION 1998 in accordance with VC/Virginkar's request. XI. INFORMATIONAL ITEMS: A. Offsite Parking Task Force. Chair/Leonard-Colby reported on the status of the Off -Site Parking Task Force. B. Future Agenda It4ms As presented. %II. SCHEDULE OF FUTURE CITY MEETINGS: As presented. XIII. ADJOURNMENT: There being no further business to come before the Traffic and Transportation Commission Chair/Leonard-Colby adjourned the meeting at 9:00 p.m. to April 9, 1998. Respectfully, /rs/ Davi G l.i" David G. Liu Secretary Attest: /s/ Joyce Leonard Joyce Leonard Chairperson CITY OF DIAMOND BAR MINUTES OF THE PARKS & RECREATION COMMISSION HEARING BOARD ROOM OF S.C.A.Q.M.D. 21865 Copley Drive, Diamond Bar, CA 91765 MARCH 26, 1998 CALL TO ORDER: Chairman Finnerty called the meeting to order at 7:12 p.m. PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of Allegiance by Commissioner Holder. ROLL CALL: Present: Chairman Finnerty, Vice Chairman Anis and Commissioners, Holder, Medina and Nolan Staff: Community Services Director Bob Rose, Parks and Maintenance Superintendent Don Hensley, and Community Services Supervisor Wendy Bowman MATTERS FROM THE AUDIENCE: Thom Pruitt, President of Diamond Bar Pop Warner Football and Cheerleading Association, announced that on Monday, April 6, 1998, his organization will host a Celebrity Golf Tournament fundraiser at the Via Verde Country Club, 1400 Avenida Entrada, San Dimas. Mr. Pruitt responded to CSD/Rose that his organization would appreciate volunteers to assist in the tournament. The organization needs communication radios for use during the golf tournament. An awards dinner is scheduled for 5:30 p.m. following the tournament. Cost for the dinner only is $30. CALENDAR OF EVENTS: As presented in the agenda. 1. REORGANIZATION OF COMMISSION 1.1 Election of Chairman Chair/Finnerty opened nominations for Chairman of the Parks and Recreation MARCH 26, 1998 9 Commission. Page 2 Parks & Recreation Commission Commissioner Nolan nominated Commissioner Annette Finnerty. Commissioner Pruitt seconded the nomination. There were no other nominations offered. The motion to approve Commissioner Finnerty as Chairman of the Parks and Recreation Commission was carried 5-0. 1.2 Election of Vice Chairman Chair/Finnerty opened the nominations for Vice Chairman of the Parks and Recreation Commission. Chair/Finnerty nominated Commissioner Dan Nolan. Commissioner Anis seconded the nomination. There were no other nominations offered. The motion to approve Commissioner Nolan to serve as Vice Chairman of the Parks and Recreation Commission was carried 5-0. CONSENT CALENDAR: 2.1 Approval of Minutes of February 26, 1998 Regular Meeting. 2.2 Transmittal of Information Regarding Commissioner's Workshop - April 4, 1998. 2.3 Transmittal of Letter from Charlene Goff, President of F.C.I. and City's Response. 2.4 Transmittal of Letters to Supporters of an In -House Recreation Program from City Council Member Debby O'Connor. 2.5 Transmittal of updated draft of Commission Handbook dated March, 1998. 2.6 Transmittal of Facility Use Policies for Commission Review Prior to April 23 Commission Meeting. C/Pruitt moved, C/Anis seconded, to approve Consent Calendar Items 2.1 through 2.6. The motion was carried 5-0 with C/Pruitt abstaining from Consent Calendar Item 2.1. VC/Nolan stated he will be available to attend the April 4, 1998 Commissioner's Workshop. C/Anis and C/Pruitt indicated they would also plan to attend. INFORMATIONAL ITEMS: 3. Recreation Update CSS/Bowman presented the recreation update. MARCH 26, 1998 Page 3 Parks & Recreation Commission CSD/Rose stated he received a recommendation that two additional hoops could be placed at center court for the 4 and 5 year olds to create an additional court for condensed play. Full court space is too large for that age group. The Commission discussed placement of a spanner banner to advertise contract recreation classes. CSS/Bowman responded to C/Pruitt that the City is negotiating with the computer class instructor Tom Toby who is seeking a donation of software to upgrade his instruction systems from 3.1 to Windows 95, Exel, etc. 4. 9th Anniversary Celebration Update CSD/Rose stated that the 9th Anniversary Celebration is scheduled for Sunday, April 19, 1998 from 12:00 noon to 5:00 p.m. at Peterson Park, 24142 Sylvan Glen Road. He indicated that approximately 28,000 flyers will be distributed communitywide to announce the event. Advertising is being considered for placement in 10 bus shelters at a cost of $150 each. Signs will be placed in the park, at 6 intersections throughout the City and at the park entrance. News releases have been distributed and the City is looking into a Century Cable commercial which would be shown on Channel 12 and other viewer stations. Scheduled events include a Kiwanis sponsored 5K-1 OK walk/run, DBIA Show and Shine Car Show, YMCA Craft Fair, Chamber of Commerce Health Fair, game booths, carnival rides, Heritage Park Recreation Council Raffle, Diamond Bar Senior Citizen's Bingo, a helicopter rescue demonstration by the Walnut Sheriff's Department, entertainment, cake -cutting ceremony, food booths and more. Chair/Finnerty pointed out that many residents do not know the location of Peterson Park. She suggested that on the day of the event, direction signs should be placed in strategic locations such as Diamond Bar Boulevard at Golden Springs Drive and at Diamond Bar Boulevard at Grand Avenue. CSD/Rose stated that three parking lots will be available for the event: Golden Springs Elementary School, Diamond Point Elementary School and the Park N' Ride Lot on Diamond Bar Boulevard at the SR 60 underpass. Eight shuttles will transport people from the parking lots to the park. Chair/Finnerty recommended that signs indicating the time of shuttle transport be placed at each parking location. MARCH 26, 1998 5. 6. Page 4 Parks & Recreation Commission VC/Nolan stated he has successfully negotiated a reduced rate for kids who wear uniform shirts for the 5K -10K walk/run. He said he is directing efforts toward increased participation by AYSO members. C/Pruitt suggested posting information about the 5K -10K walk/run at the high school track meets. CSS/Bowman thanked C/Holder and C/Pruitt for their assistance. Parks Master Plan Update CSD/Rose announced that at its March 17 meeting, the City Council adopted the City's first Parks Master Plan. He thanked the Commissioners and subcommittee members for their participation in the process. Status of Capital Improvement Projects. 6.1 Pantera Park CSD/Rose stated that this project is near completion . 6.2 Peterson Park ADA Retrofit CSD/Rose stated that this project has been completed. 6.3 Heritage Park/Ronald Reagan Park ADA Retrofit CSD/Rose stated that the City hired David Evans and Associates to complete these projects in the 1998/1999 Fiscal Year. 6.4 Recommended CIP Plan for 1998/1999 Fiscal Year Budget CSD/Rose reviewed the recommended CIP Plan for 1998/1999 fiscal Year Budget. The Commission discussed placement of signage, waste recepticals and dog feces receptacles during ADA retrofits. 7. Commissioner's Reports on Participation at CPRS Conference. The Commissioners concurred that the seminar was an excellent learning tool and afforded the participants the opportunity to become acquainted with each MARCH 26, 1998 Page 5 Parks & Recreation Commission other and with what is expected of them in their positions. 8. Status of RFP Process for Recreation Services Provider. CSD/Rose reported that proposals have been received from Chino Hills and Brea. In addition, an in-house report has been prepared. Interviews with Brea and Chino Hills are scheduled to take place on Wednesday and Thursday, April 1 and 2, 1998. This matter should be on the City Council meeting agenda for April 21 or May 5, 1998. OLD BUSINESS 9. Parks Maintenance Tours MS/Hensley stated that the Heritage walkthrough has been completed. All recommendations have been forwarded to CSD/Rose and will be included in the final report. The Commission concurred to schedule the Parks Maintenance Tours as follows: 3/31/98 9:00 a.m. Peterson Park Pruitt/Anis 4/7/98 10:30 a.m. Summitridge Park Pruitt/Anis 4/16/98 9:00 a.m. Sycamore Park Holder/Nolan 4/21/98 9:00 a.m. Ronald Reagan Park Holder/Nolan 4/28/98 9:OO a.m. Paul C. Grow Park Finnerty/Anis 5/5/98 9:00 a.m. Starshine Park Pruitt 10. 1998 Summer Concerts in the Park CSD/Rose presented the partial list of proposed 1998 Summer Concerts in the Park. The deadline for publishing the list in the City brochure is April 17, 1998. The final list will be presented at the April 23, 1998 Parks and Recreation Commission meeting. NEW BUSINESS: 11. Development of Commission Goals/Mission Statement . At the request of C/Nolan, the Commission concurred to develop a working list of Commission Goals for the current period. MARCH 26, 1998 Page 6 Parks & Recreation Commission C/Nolan recommended that a copy of the list be forward to the City Council for their information and that the Council and appointed Commission's adopt as an overall goal, the philosophy of creating a politically -friendly and positive community atmosphere. He suggested that this matter be continued as an agenda item for a future meeting. It was concurred by the Commission for each Commissioner to attend the April 23, 1998 meeting with ideas for implementing the Commission goals. ANNOUNCEMENTS: C/Holder reported that she has been busy with the 9th Anniversary Celebration. She suggested that the City maintain a data base of participants, contacts and community organizations and their officers. C/Anis stated she enjoyed the conference and the camaraderie. She said she would like to have a specific items to work on during the year. She offered to assist with the 9th Anniversary Celebration. C/Pruitt thanked the Commissioners for their encouragement and the Mayor for appointing her to the Commission. She said she was surprised and disappointed to have received a "Save our Hills" flyer from Evergreen Elementary School regarding the SunCal project. She stated that petitioners are stationed at the schools to collect signatures in opposition to the project. C/Nolan stated that to his knowledge, AYSO has not received a response to their $100,000 offer. for lighting the athletic fields at Pantera Park. He asked that this item be placed on the April 23, 1998 agenda for discussion. MARCH 26, 1998 Page 7 Parks & Recreation Commission ADJOURNMENT: C/Pruitt moved, C/Anis seconded, to adjourn the meeting. There being no other business to come before the Commission, Chair/Finnerty adjourned the meeting at 10:25 p.m. Respectfully Submitted, /s/ Bob Rose Bob Rose Secretary Attest: /s/ Annette Finnerty Annette Finnerty Chairman CITY OF DIAMOND BAR INTEROFFICE MEMORANDUM TO: Mayor Herrera and Councilmember O'Connor FROM: Linda G. Magnuson;Nssistant Finance Director SUBJECT: Voucher Register, May 5, 1998 DATE: April 30, 1998 Attached is the Voucher Register dated May 5, 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 May 5, 1998 have been reviewed, approved, and recommended for payment. Payments are hereby allowed from the following funds in these amounts: FUND NO, FUND DESCRIPTION AMOUNT 001 General Fund $536,460.68 010 Library Service Fund 61.28 011 Community Organization Fund 1,125.03 112 Prop A Fund -Transit Fund 11,982.01 115 Int. Waste Mgt Fund 79.69 118 Air Quality Improvement Fund 771.25 125 CDBG Fund 368.65 126 COPS Fund 922.07 138 LLAD #38 Fund 3,077.57- ,077.57139 139 LLAD #39 Fund 1,087.12 141 LLAD #41 Fund 877.56 250 CIP Fund 98.588.43 TOTAL ALL FUNDS $655,401.34 APPROVED BY: Linda G. MagrUison Assistant Finance Director Terrence L. Belanger City Manager 0Pj4Vnn_ Carol Herrera Mayor Deborah H. O'Connor Councilmember TOTAL DUE VENDOR --------) 3,213.18 AmTrak AmTrak RIJN TIME. k3:^i ?4;'_.1/98 2 80505A 01/7133 v' 0 L 7 y G I DTE . PAGE DUE THRU.............0 /0513'_. VENDOR NAME VENDOR ID. # * PREPAID * # ACCOUNT PROJ.TX-NO BATCH PO.LINEJNO. ENTRY/DUE IN'J[L;10E DES'RIPTION AMO'U'NT DATE CHECY Abari, Dr. Robin AbariRob w *001-405-1200 2 80505B 01/7114 04/29 05/05 9188 *001-2.3,60-1002 1 805058 04/2`7, 05/05 Refund Depost-5une.trdge 50.00 TOTAL DIVE VENDOR -------- 280.69 Armentrout Consultants Armentrout TOTAL DUE VENDOR --------) 50.00 Accurate Landscape Accurate 1001-4440-4040 2 805115E 01/70:.18 04/29 05/05 *139-4539-2210 2 80505E 01/6286 04/2'1 05/05 49009 Add'iMaint-Dist 1k39-5/97 120.00 *001-4319-2210 3, 80505E 36/6235A 04/.'9 05/05 497,:8 Add'1Maint-Petersn-March 2126.43 *138-4532-2210 2 30505E 01/6966 04/29 05/05 53538 Mainline Repairs-Dist #38 2,200.00 #001-4331-2210 1 80505E _K/6285A 04/29 05/05 53551 Add'1Maint-SycCynPrk3/98 182.00 *139-4539-2210 3 80505E 31/6285A 04/29 05/05 53551 Add'1Maint-Dist #39-3/98 29.56 *001-4311-2210 1 80.505E _'416285A 04/2y 05/05 53677 Add'1Maint-PGrow-March 33.20 1001-4319-2210 2 0505E-i5/6285A 04/29 05/05 53673 Add'iMaint-Petersn-March 183.52 *001-43221-2210 1 80505E 37/6285A 04/29 05105 53679 Add'1Ma:nt-RonReagan 48.04 #001-4331-22410 � ''05'JSE 33/628M L ' 04/23 05/05 53630 Add'1Malnt-SycCynPrk3/'?'2 87.30 *001-4328-2210 180505E 33/62954 04/29 05105 53750 Add'1Maint-Suemtrdge 42.88 TOTAL DUE VENDOR --------) 3,213.18 AmTrak AmTrak 1112-4360-5310 2 80505A 01/7133 04/29 05/05 Day Camp Ezcurs-8/4-Beach 98.00 05/05/98 0000-034;35 TOTAL PREPAID AMOUNT ----; 921.00 TOTAL DUE VENDOR --------> 0.00 Americana Art China Co. AmerArt *001-405-1200 2 80505B 01/7114 04/29 05/05 9188 DBar Porcelain Mugs 2.0.69 TOTAL DIVE VENDOR -------- 280.69 Armentrout Consultants Armentrout 1001-4440-4040 2 805115E 01/70:.18 04/29 05/05 Fed-Emer Prep Prof Svcs 1,OOs;.00 TOTAL DUE V6140CR--------) 1,000.00 Austin Faust Assoc Inc. AustinFaus *001-4553-4000 2 805058 01/7077 04/27 05/05 10154 OfFStePrkgSvcs-':'./98 695.00 TOTAL DUE VENDOR --------) 617't.00 Balloon & Artistic BallArtist *001-4095-2353 6 80505A 01/7162 04/29 05/05 Balloons-Annv Celeb 381.77 05/05;98 0:',00003-473' TOTAL PREPAID AMOUNT ----1 381.77 TOTAL DUE VENDOR --------) 0.00 RUN TIME: 08137 04/30/9 V O U C H E R R E 0 1 S T E R PAGE DUE THRU.............65iU5/'e VENDOR NAME VENDOR ID. ACCOUNT PROJ.TX-NO ------------------------------------------------------------------------------------------------------------------------------------ BATCH PO.LII�iNO. EN?RT/ liE iIV�0iCE EC- SUR lP7, ON AMOUNT DATE CncLk'. Barajas, Irineo BarajasI *001-2:300-1002 3 805058 04/19 05/05 Ref Lind- Deposit -Hrtge Prk 50. Ch? TOTAL DUE VENDOR --------) 50.00 Belanger, Terrence L. BelangerT *001-4030-2330 1 20505B 04/29 05/05 Remb-Nat'lleag/ICMAConf 781.34 TOTAL DUE VENDOR --------> 781.34 Bill's Lock & Safe BillsLock *001-4319-2210 1 805058 06/6132 04/29 05/05 127136 Lock Repairs -Peterson Prk 149.55 TOTAL DUE VENDOR --------> 149.55 Bon Terra BonTerra *001-2300-1011 1 805058 04/29 05/05 358 Prof Svcs-FER 96 -02 -Feb 686.10 *001-2300-1011 2 8054JB 04129 05/05 358 Prof Svcs-FER 96 -02 -Feb 11,207.49 TOTAL DUE VENDOR --------) 11,893.59 CALED CALED *001-4096-2315 1 805058 04/29 05/05 Membershp Renwl-FY 98/99 65.00 TOTAL DUE VENDOR --------) 65.00 CPOA CF% *126-4411-1200 2 80505E 01/7129 04/29 05/05 LegisUpdate/Manual-COPS 53.33 TOTAL DUE VENDOR --------) 53.33 CalMat Ceapany Calmat *250-4510-6411 099'38 4 805058 01/5958 04/29 05/05 P8#2 CIF'-StreetImprvPrj-BrCyn 21,910.50 *250-4510-6411 09958 2 34505E 01/5958 04/29 05/05 PBg3 CIP-StreetImprvPrj-BrCyn 16,615.08 *250-4510-6411 10298 6 805058 02/5958 04/29 05/05 PB#3 CIP-StreetI&pPrj-Pthfndr 35,795.48 TOTAL DUE VENDOR --------) 14,321.06 California Contract COCA *001-4010-22125 4 805058 04129 05/05 Mtg 3/26-Ansari 16.50 *001-4030-2325 2 805058 04/29 05/05 Mtgs 12/15 & 3/26-CMgr 29.50 *001-4090-2325 1 80505B 04/29 05/05 Mtg 3/26-Cty Attrny 16.50 TOTAL DUE VENDOR --------) 62.50 California Contract LCCA *001-4010-2325 5 80505B 04/29 05/05 Mtg 4/15 -Herrera 25.00 TOTAL DUE VENDOR --------) 25.00 RUN TIME: ;, �S:37 04/::0/'-18 v U C H c ti n i E DUE THRU.............G` " ` 9 - PAGE VENDOR NAME VENDOR ID. PREPAID * � ACCOUNT PROJ.TX-NO BATCH Pfl.LINc'/ND. ENTRY/DUE INVOICE DESCRIPTION flj1ft-.UNT DATE CHEC}: ------------------------------------------------------------------------------------------------------------------------------------- Calvary Chapel Pomona CalChapPom *001-2300-1002 2 305058 Carol Dennis *001-4040-4000 *001-4553-4000 *001-4553--4000 *001-4553-4000 CaroiDenni 2 80505D 01/6087 4 80505D 04/6087 6 SMD 04/6087 3 M- 05D 04/6087 Charles Abbott & Asc Inc CharlesAbb 04%29 05/05 44276 Refnd-SecrtyDepst-MplHill 50.00 049-045 Mar-Maint-SakHole-GrtBend 7,521.00 TUTAL DUE VENDOR --------`r 50.110 04/29 05/05 DBCC980404 Minutes-CCcncl Mtg 4/7 220.00 04/2'? 0•`_x/05 TT9304-04 Minutes-S1dWsteMtg 4/13 130.00 04/29 05/05 TT9804-04 Minutes-Off9tePrkg-4/8 160.00 04/29 05/05 TT5,804-04 Minutes-T&T Mtg 4/9 100.00 TOTAL DUE VENDOR --------) 660.00 *001-4510-5502 6 80505B 01/6079 04/29 05/05 049-045 Mar-Maint-SakHole-GrtBend 7,521.00 *001-4510-5502 8 80505B 01/6079 04/29 05/05 049044 Mar-Maint-SnWole-Highlnd 1,763.1-0 *001-4510-5502 4 80505B 01/6079 04/29 05/05 049046 Mar-Maint-SnkHole-Gunsoke 2,779.55 *001-4510-5502 2 305058 01/6079 04/29 05/0.5 049047 Mar-Maint-SnkHole-Lemn/GS 3,694.95 TOTAL DUE VENDOR --------> 15,764.20 Charles Abbott & Asa Inc DwightFren *001-4510-4230 2 80505B 01/C1972A 04/29 05/05 PM50U1 PvemntMgmtSystm-fn1Pymt 930.00 TU;AL DUE VENDOR --------) 9?O,cj0 Cintas Corporation Cintas *001-4310-2130 2 305058 01/6131 04/29 05/05 150157248 Uniforms-PrkStaf M/of4/6 19.0' TOTAL DUE VENDOR --------) 1-.08 Clarion Posada Royale ClarionPos *001-4010-2330 1 80505A 04/2? 05/05 SCAG Samr-4/16-Ansari 69.30 TO AL PREPAID AMOUNT ----) 69.30 TOTAL DUE VENDOR --------) 0.00 Clowning Around C1ownAroun *001-4095-2353 10 80505A 01/7121 04/29 05105 CarnvlRides-AnnvCelb 2,650.00 QSr 5 r:.G3473t TOTAL PREPAID AMOUNT ----) 2,650.00 TOTAL DUE VENDOR --------) 0.00 .Coffee Smith CoffeeSmit *001-4090-2325 3 805(58 01/6034 04/29 05/05 8152 Meeting Supplies 39.90 TOTAL DUE VENDOR --------) 39.90 RUN TIME: 08:37 C14/G0;'=8 J D U C !a E _ _IST L "GE 4 DUE THRU.............05, 5 7�3 VENDOR NAME VENDOR Ir. # * PREPAID a ACCOUNT PROJ.TX-NO BATCH PO.LINE/NO. ENTRY/DUE INVOICE DESCRIPTION AMOUNT DAM GHEC ------------------------------------------------------------------------------------------------------------------------------------ Columbia Cascade ColumbiaCa *001-4313-2210 2 80505E 01/7032 Cn munity Disposal Co. ComDisposl *001-4510-5501 2 80505E 01/6086 04/29 05/05 25381-34 Beach-HrtgPrk 1,135.00 TOTAL DUE VENDOR --------) 1,135.00 04/29 05/05 Street5weepSvcs-3/2=29 7,41'2.78 TOTAL DUE VENDOR --------1 7,412.78 Computer Applied Systems CAS +*001-4050-4030 2 80505E 01/6675A 04/79 05/05 930410 May -Computer Maint 532.00 D&J Engineering LrbjEngine *001-4220-5201 2 80505u 01/5952 G&S Multimedia's Inc D&SMulti *001-4440-2130 1 SfM58 D. B. Chamber of Cemmerce DBChamber *001-4010-2325 3 80505A D. B. Chamber of Commerce OBChamber *001-4010-325 7 80505B DCS Staff Developaent DCS *001-4010-2325 6 805058 David Evans & Assoc. DavidEvans *250-4310-6415 11798 2 80505D 01/7007 *250-4310-6415 11798 4 80t05D 02/7007 TOTAL DUE VENDOR --------} 332. U0 04/30 05/05 %DB -04 Bldg&SftySvcs-3/20-4/17 28,397.81 TOTAL DUE VENDOR --------) 23,891.81 04/29 05/05 SoundSystm-D1sAsstMtg4/16 169.90 TOTAL DUE VENDOR --------} 169.30 04/'7: 05/05 Mt9-4/24-CCncl 40.00 05x05,"' TOTAL PREPAID AMOUNT ----} 40.00 TOTAL DUE VENDOR --------} 0.00 04/29 05/05 May Mixer -5/21 -Huff 5.00 TOTAL DUE VENDOR --------} 5.00 04/29 05/:5 Mtg 5%20-Ansari/West 60.00 TOTAL JUE VENDOR --------} 60.00 04/23 05/05 DBAR0002 HrtgePrk-Retrofit-March 8,001.00 04/29 05/05 DBAR0002 RonReagnPrk-Retrofit-Marh 6,461.00 TOTAL DUE VENDOR --------> 14,462.00 4 4 4 -__ Y j -1 d 71 c^ = a r 4 4 RUN TIME: 03;37 04/30/95 V O U C H E R REGISTER FRSE ?? I I L ? ............. VENDOR NA."IE VENDOR ID. # P'REP'AID x ACCOUNT PROJ.I1-NO BATCH PO.LINE;NO. ENI'RINVOICE DESCRIPTION AMC1,14T iilE S!_D.,: ------------------------------------------------------------------------------------------------------------------------------------ Day & Night Copy Center Day&Night *001-4440-2110 1 505058 04/24 05%0.5 1002 Emer Preparedness -Flyers 25.98 TOTAL DUE VENDOR --------) 25.98 Be Stefano, Jim Destefano *001-4090-1200 2 805051 04/29 05/05 Reimh-Mtg Suppls 17.17 *0014090-2125 2 80505D 04/29 05/05 Reieb-Cell Phne Calls 20.25 *001-4210-2325 2 30505D 04/29 05/05 Staff Mtgs-11/6 & 2/20 84.69 *001-4210-2325 3 80505D 04/29 05/05 Mtg-3/6 w/Wohl Co 31.55 *001-4210-2325 4 80505D 04/29 05/05 Mtg-3/6 w/PingCommissionr 30.00 _ TOTAL DUE VENDOR --------> 183.66 Dekralite Dekralite *001-4095-2353 12 805050 01/7024 04/29 05/05 970243 Banners-AnnvCeleb 2,190.00 TOTAL DUE VENDOR --------> 2,190.00 Delta Care DeltaCare *001-2110-1004 1 80505B 04/29 05/05 May Delta Care Prems 271.4' TOTAL DUE VENDOR --------t 211.42 Degan Lundin & Assrx. Dewan *250-4510-6411 12498 8 80505D 01/5933 04/2' 05/05 0115 DesignSvcs-DBr/Pimno 3,705.00 TOTAL DUE VENDOR --------) 3,705.00 Diamond Bar Friends of OBFLibrary *011-4010-2'.f5 1 80505A 04/29 05/05 Com,.�OrgSuppAgrmnt TOTAL PREPAID AMOUNT ----) 1,125.03 TOTAL DUE VENDOR --------) 0.00 Diamond Bar Kioanis Club DBarKiwani *001-4350-4300 2 80505D 01/6635 04/29 05/05, Co-Spnsrshp-Bseball Clinc 300.00 TOTAL DUE 'v'ENDOR--------) 300.00 Diamond Bar Petty Cash PettyCash *001-4020-4021 1 305051) 04/29 05/05 City Attny Meetings 24.50 *001-4090-1200 1 30505D 04/29 05/05 Gen Govt -Supplies 6.95 *001-4090-2125 1 80505D 04/2'9 05/05 Gen Govt -Telephone 11.25 *001-4090-2200 1 30505D 04/29 05/05 Gen Govt -Equip Maint 10.00 *001-4210-1200 1 80505D 04/29 05/05 Coa Dvlp-Supplies 4.32 *001-4210-2325 1 80MI) 04/29 05,105 Com Dulp-Meetings 13.44 *001-4310-1200 1 80505D 04/'29 05/05 Cal Svcs -supplies 6.69 *115-4515-12,00 1 SOYTiD 04/29 05/05 Solid Waste ras'r. Force 7.13 TOTAL DUE VENDOR --------) 39. c RUN TIME: 09:37 04/30/98 V 0 U C H E R R E G I 5 T E R PAGE c DUE THRU.............. VENDOR NAME VENDOR ID. PREPAID + ACCOUNT PROJ.TX-NO BATCH PO.LINE'NO. ENTRY, 'UE INVOICE DESCRIPTION AMOUNT DATE CHEC} ------------------------------------------------------------------------------------------------------------------------------------ Dimond Bar Redevelopment DBarRDA *001-1315 1 805056 04/29 05/05 Reimb-5/5/98 Expenditures 7,460.75 TOTAL DUE VENDOR --------) 7,460.75 Diamond Photo DiamondPho *001-4095-2112 2 805058 01/6480A 04/29 05105 196803 PhotoFinish Svcs 24.11 TOTAL DUE VENDOR --------) 24.11 Diversified Paratransit DiversPara *1121-4553-5529 2 80505D ^1/5970 Engineering -Environmental EngEnvGeol *001-2300-1012 1 80505D *001-2'.100-1012 2 80505D Federal Express Corp. FeoExpress *001-4090-2120 1 805050 Federal Reserve Bank FedReserve *001-2110-1009 2 80505D Firestone Stores Firestone *001-4090-2200 3 805050 01/7135 Food Systews, Inc. FoodSystem *001-4090-2325 5 80505D 01/7147 *115-4515-2325 1 80505D 06/6981 *001-4553-2325 1 80505D 05/6981 Foothill Building FtBldgMatr *001-4440-1200 3 80505D 01/7149 04/29 05/05 Dial -A -Ride Svcs -3/16-31 11,104.01 TOTAL DUE VENDOR --------) 11,104.01 04,'29 051105 G707291A284 OeoTech Svcs -EN 96-166 1,561.25 04/29 05/05 610729IA284 GeaTech Svcs -EN 96-166 238.75 TOTAL DUE VENDOR --------) 1,800.07 04/29 05/05 448791545 Express Mail -Gen Govt 151.80 TOTAL DUE VEN00R --------) 151.80 04/29 05105 Savgs Bond Deductns-PP7/8 1017.00 TOTAL DUE VENDOR - ------- ) 100.00 04/29 05/05 62863732 Starter Replacement -Olds 161.25 TOTAL DUE VENDOR --------) 161.29- 61.2504/29 04/249 05/05 15250 Supplies-Cty Cncl-4/7 106.63 04/29 05/05 '22 Solid Mste Task Frce-4/13 66.57 04/29 05/05 38 OffSiteTask Force Mtg-4/8 85.52 TOTAL DUE VENDOR --------) 258.72 04/29 05/05 C15110 EmerPrep 5uppls-Sand 413.79 TOTAL DUE VENDOR --------) 41."'.79 RUN TIME: 08:37 04/30/'78 V 0 U C H E H ;, -, I S E R PAGE 7 DUE THRU .............05% a VENDOR NAME VENDOR 11). # KEPAID ACCOUNT ------------------------------------------------------------------------------------------------------------------------------------ PROD. TX -NO BATCH PO.LIWI J40, ENTF'Y/DJE INV+DICE i!EG=4.:iP' IDN AMOUNT LATE ' CHECK: Franchise Tax Board Franchiser *001-2110-1009 1 80505D 04/24 05/05 Withhold Order -558607604 611.84 TOTAL DUE VENDOR --------) 611.:34 Friends of the Bellflower FriendsBel +001-4010=2325 1 80505A 04,29 05/05 InLieu-CtyTile-CCCA Pres 511,00 05/05/98 00000:347:30 TOTAL PREPAID AMOUNT ----> 50.00 TOTAL I4JE VENDOR --------1 0.00 Gr'B-Friedrich and Assoc GFB *250-4510-6411 01495 10 M05D 011/7011 04/29 05/05 9804-04 Mar-SlurrSealSvcs-Area 1 2,100.98 *138-4538-4000 2 30505D 01/7012 04/29 05/05 57804-07 ProfSvcs-Dist 1138 -March 877.57 *139-4539-4000 2 80505D 02/7012 04/29 05/05 9804-07 Prof Svcs -Dist 1139 -March 877.56 *141-4c-41-4000 2 80505D 03/7012 04/29 05x05 9804-07 Prof Svcs -Dist 441 -March 877.56 TOTAL DUE VENOM --------) 4,7113.67 GTE California GTE *001-4090-2125 3 80505D 04/29 05/05 Gen Phone Svcs 1,748.21 TOTAL DUE VENDOR --------) 1,748,21 GTE California GTE *001-4040-2125 1 80505D 04/29 05/05 Phone Svcs-ModuaCClk 4:3.88 TOTAL ILE VENDOR --------) 4?.O8 GTE California GTE *001-4314-2125 1 805051) 04/29 05/05 Phone Svcs-Hrtg Comp-! Ctr 34.40 TOTAL Dt1£ VENDOR --------) :34.40 GTE California GTE *001-4322-2125 1 80505D 04/29 05/05 Phone Svcs -Ron Reagan 44.47 TOTAL DUE VENDOR --------) 44.41 GTE California GTE *001-4319-2125 1 805050 04/29 05/05 Phone Svcs-Petersn Prk 43.74 TOTAL DUE VENDOR --------) 4:').74 GTE California GTE *001-4316-2125 1 80505D 04/29 05/05 Phone Svcs -Maple Hill 44.47 TOTAL DUE VENDOR --------) 44.47 3 a - y Q- -: 3 Ti 3 ,r 4* f KN II!.E: i�; l 04j,0119,3 d 3 •U C H E R R__'3_ E _ r'4GE UUL IHRU .............0"i",.,Ja= VENDOR NAME VENDOR ID. * PREPAID # ACCOUNT PRUJ.TX-NO BATCH PO.LiNE/NO, ------------------------------------------------------------------------------------------------------------------------------------- ENTRY/DUE 1WOICE DESCRIPTION AMOUNT DATE CHEC^ GTE California GTE 1001-4096-2125 1 80505D 04/29 05/05 Phone Svcs -City Hotline 34.69 TOTAL ILE VE9''GR--------f 34.69 GTE California GTE }010-4355-2125 1 80505D 04/29 05/05 Phone Svcs -Library Proj 61.23 TOTAL DUE VEND --------1 61.28 Graffiti Control Systems GrafitiCon {00.1-4558-5520 2 80505D 01/5898 04/29 05/05 DB0398 GraffitiRmvl-March 780.00 TOTAL DUE VENDOR --------) 780.00 Hale, Elizabeth 2663 +001-347"0 2 805050 04/29 05/05 25069 Recreation Refund 45.00 TCIAL DUE VENDOR --------1 45.00 Hall & Foreman Hal Worem *001-4510-5227 4 805050 01/5314A 04/29 05/05 35951 Engr-I^spectn Svcs -Feb 345.55 1001-2300-1012 3 805050 04/29 05/05 35952 Prof Svcs -EN 95-69 262.50 1001-4551-5223 2 M05D 01/6562 04/29 05/05 35953 Engr-Plan Check Svcs -Feb 266.66 1001-4510-5227 2 805051) 01/6729 04/29 05/05F595. Engr-InspectnSvcs-Feb 56.25 TOTAL DUE VENDOR --------) 930.96 Hanalei Hotel Hanalei 1001-4310-2330 1 80505D 04/29 05/05 PlygrndSfty6/9-12-Hosler 87.30 TOTAL DUE VENDOR --------3 87.30 Hao, Pastor Tony HaoTony 1001-2300-1002 4 805050 04/29 05/05 42755 Refund-Depost-SuaitrdgePrk 50.00 TOTAL DUE VENDOR --------5 50.00 HighPoint Graphics HighPoint 1001-4095-2111 2 80505D 01/6099A 04/29 05/05 62109 PrePressSvcs-BusCards 25.98 *001-4095-2111 4 30505D 01/6099A 04/29 05/05 62153 PrePressSvcs-City Banner 38.97 TOTAL DUE VENDOR --------f 64.95 Huff, Robert HuffB 1001-4010-2330 2 80505D 04/29 05/05 Reimb-NatlLeagConf-3/7-10 17.48 TOTAL DUE VENDOR --------1 17.48 , RUN TIME: 08:37O4/3V/98 ;OJCHER REJlS[EK V[NXGK NAME ;EwDUR 0. * * pr, REFAlD * * ACCOUNT PROJ.TX-N0 BATCH PU.L{N[,10. BN79i/UUE ------------------------------------- - ��--_��--_ �� ICNA Retirement Trust -4'..-!' M4 CepLs 9'119.31 ��E Y[mDOR ----> 10'07.31 lCMA �t,.,eaa-r��1 IC�A40� 1C'100 PP7/ Cuntrib-401A 1,042.3* TOTAL DUE Y[NDU8 ----> 1.342.3* 8O5O5E 51S 04/29 O5/85 31502653 Pub Hrg-B&8 Fees 40.95 TONL DUE V[NU08 ----> 40.95 lnternaLimul E'Z Up Inc {oLIE'ZUp 280509,E 01/7099 64/279 05/O5 11556t, [Z-',Jp Canopy-Sherff'sDeptt 868.74 TOTAL DUE VENDOR ----> 663.74 Jack's Lock & Key Jack'»bck *001'4090-2210 2 W505E 01/7146 04/29 05/05 25762 Hekeyiog City Hal} 108.80 0TAL DU[ VENDOR ''-'--'> 1O8.80 Judicial Data Systeme JuUDataSys *001'4411'5405 1 80505E 01/5997 04/29 05/05 Mar -Parking Citations 125.8O »001-4411'5405 2 80505E 01/5rY7 04/29 05/05 Mar -Review Processing 15.00 TOTAL DUE VENDOR '-'--'-> 140.8101 K & V Blueprint Servi�e K&V8iuePrt m001-4090-2100 2 80505E 01/6359 04/29 05/05 61061 LinearFtgChrgs'8i-Annua1 71.76 TOTAL DUE VENDOR '--'--> 71.76 Kens Hardware Kens e001'4310-1200 2 80505[ 37/6126 04/29 05/05 Ger. paint Supyls'Prks'Mar 151,62 o001'4314-2210 1 OO5O5E 41/6126 04/29 05/05 Maint Supols'HrtgCumCtr 25.45 *001-4331'2210 3 80505E 40/6126 04/29 05/05 104502 @e Maint Supyls-SycCycPk 3.01 a001'4311'2210 2 90505E 39/6126 04/29 05/05 104607 Gem Maint Suppls-PDruw 21.26 *001-4319'2210 4 80505[ 42/6126 04/29 05/05 104710 Gem Maint Supp}s'Petersn 12,96 *001-4350-1200 1 80505[ 38/6126 04/29 05/05 104735 Gen Maint Supp}s'CcmmSvcs 24.11 »001'4322-220 2 80505E 44/6126 04/29 05/05 104810 Gen Maint Suppls'NmReagn 8.53 *001-4313-2210 3 80505E 40/6126 04/29 05/05 104914 Gen Maint Suppls'Heritage 9.55 RUN TIMI 08:37 04/'30i?cd 0 6 C H E i f; E ii I E R FATE li ::UE +HRU..............`; VENDOR NAME VENDOR 11 D. PRt?AIL ACCOUNT PROJ.TX-NO BATCH PO.LINE/N0. ENTRY/LUE INVOICE DESCRIPTION AMOUNT DATE CHE-k ------------------------------------------------------------------------------------------------------------------------------------ Kim, Haera 2.6'> *001-3475 5 305056 04/29 05/05 25055 Recreation Refund 3.00 TOTAL DUE VENDOR --------) 8.00 L.A. County -Sheriff's Cep LACSheriff *001-4411-5401 1 805056 04/29 05/05 9379 March Contract Services 302,704.74 TOTAL DUE VENDOR --------) 302,704.74 L.A.County Public Works LACPubWk *001-4510-5507 2 30505E 01/6053 04/29 05/05 779 Traffic Signal Maint-Aug 5,946.20 TOTAL DUE VENDOR --------) 5,946.20 L.A.County Public Warks LACPubWk *001-4510-5512 2 8(505E 01/5751 04/29 05/75 4166 StrmDrain/Ctch6asinCleang 1,529.07 TOTAL 611E VENDOR --------) 1,529.07 L.A.County Public Works LACPubWk *001-4510-5507 3 30505E 04/29 05/05 598 RoutneMaint-HwySfty-May97 5,563.43 TOTAL DUE VENDOR --------) 5,563.43 L.A.County Public Works LACPubWk *001-4510-5507 5 80505E 01/6427 04/29 05/17; 3325 TrfficSgnlAccdnt-1,/29/96 4,752.19 TOTAL DUE VENDOR --------) 4,752.19 Leighton and Associates Leighton *001-2300-1012 4 30505E 04/29 05/05 4230 GeoTechRvw-EN 95-139 724.00 *001-4510-4520 2 30505E 01/3449 04%29 05/05 4331 GeoTechRvw-Dbl.ndslde-Mar 104.00 TOTAL DUE VENDOR --------) 8218.00 Leonard Colby, Joyce LeonardJ *001-4553-4100 1-205056 04/29 05/05 T&T Coma Mtg 4/9 40.00 TOTAL DUE VENDOR --------) 40.00 Lin, Scott LinS *001-4553-4100 3 °05056 041129 05/05 T&T Come, Mtg 4/9 40.(N) TOTAL DUE VENDOR --------) 40.00 RUN TIME: 08::37 04j:;0/98 u 0 U C H E ^n R E 3 1 3 T E R PAGE 1i DUE TH;U............. 0`_ 11'"5/9=; VENDOR NAME VENDOR ID. PR'EPATo ACCOUNT PPOJ.TX-NO BATCH PO.LINE/N0. ENTRY/DUE INVOICE liFSCRIPTTONAlN�JJN? DATE CNECk ---------------------- —------------------------------------------------------------------------------------------------------------ Linscott Law & Greenspan Linscott *001-4553-5222 2 30505E 01/7180 M -S Cash Drawer M-SCash *001-4090-121W 4 80505F 02/7127 *001-4090-6230 2 80505F 01/7127 MMASC MMASC *001-4030-2325 1 80505A Main Street Tours MainStreet *001-4350-5310 4 80505E 01/6631 *001-4350-5310 6 80505E 03/6631 *112-4360-5310 6 80505E 02/6631 *001-4350-5310 2 30505E 01/6954 4112-4360-5310 4 880505E 02/6954 Maintex Maintex *001-4350-1200 3 80505E 01/6139 McGrath Rentcorp McGrathRen *001-4350-2140 2 MY 01/6601 Miracle Recreation Equip. MiracleRec *001-4328-2210 3 80505E 01/7106 *001-4310-1200 3 80505E Mirage Mirage *001-4415-7325 2 80505A 01/7020 04/29 05/05 2 MultiWay-StopSignkalys 794.58 TOTAL DUE VENDOR --------) 794.5$ 04/29 05/05 125306 Printer Ribbons-CashDrw rs 64.56 04/29 05/05 125306 CashOrawers-Printers 1,955.'-10 TOTAL DUE VENDOR --------) 2,020.46 04/29 05/05 Gen Mtg-4/29-Frtzl/Harksn 40.00 05/05/9 0000034729 TOTAL PREPAID AMOUNT ----) 40.00 TOTAL DUE VENDOR --------) 0.00 04/29 05/05 24694 Excurs-Coronado-3/21 1,034.00 04/29 05/05 24694 Excurs-Non Prop A-3/21 400.00 04/29 05/05 24694 Trnsp-CoronadoExcurs-3/21 250.00 04129 05/05 24740 Temecula Tour-4/4-Adwissns 1,040.00 04/29 05/05 24740 Transp-Tem--culaTour 4/4 530.00 TOTAL DUE VENDOR --------) 3,254.00 04/29 05/05 316106 Maint Suppls-Hrtge Prk 22.4 TOTAL DILE VENDOR --------) 22.48 04/29 05/05 73427 LeaseSycCynBldg-4/16-5/15 416.76 TOTAL DUE VEClIIDR --------) 416.76 04/29 05/05 4050519 PlygrndEquip-SmtRdgePrk 71.70 04/29 05/05 450579 PlygrndEquip-"S"Hooks 32.65 TOTAL DUE VENDOR --------) 104.35 04/29 05/05 V1trPtrlDnr-5/2-Deposit 500.00 05/05%93 0000034741 TOTAL PREPAID AMOUNT ----) 500.00 TOTAL DUE VENDOR --------) 0.00 RUN TIME: 08:37 04/20/98 V O U C H E R RiE G I S E R PAGE 112 'UE T44RLI .............1)5 VENDOR NAME VENDOR ID. * # FREF'AiD ACCOUNT FROJ.TX-NO BATCH PO.LINE/NO, ENff /DUE INVOICE DESCR.IPTIUN AMOUNT DATE CHECk ------------------------------------------------------------------------------------------------------------------------------------ Mobil Mobil *001-4090-2310 1 805056 26/6337 *001-4210-'22110 1 +305056 25/63-27 Mt, Baldy United Way UnitedWay *001-2110-1013 1 80505E Nanquil, Jane NanquilJ *'J)1-2300-1002 5 80505F Nelson, Mike NelsonMike *001-4095-2330 1 80505F 04/30 05/05 March Fuel-Prk & Ret 225.55 04/:0 (5-011. "larch Fuel -Ping 64.98 04,129 05/05 TOTAL DUE VENOM --------) 2'90.53 04/29 05/05 PP7/2 Fayroll Deductions 98.00 TOTAL PREPAID AMOUNT ---- TOTAL DUE VENDOR --------) 98.00 04/29 0;/05 94642 Refund-Deposit-Sumtrdge 50.00 Nextel Communications Nextel TOTAL DUE VENDOR --------) 50.00 04:29 05/05 Reimb-30MA Conf-3/25-26 172.86 04/29 05/05 TOTAL DUE VENDOR --------) 172.86 Nelsonics NelsonT *001-4095-2353 2 80505A 01/7141 04,129 05/05 Sound Sys -Anne Celeb-4/19 TOTAL PREPAID AMOUNT ---- TOTAL DUE VENDOR -------- Nextel Communications Nextel *001-4440-2130 3 80505F 01/6149 04/29 05/05 740901 Two Way Radio Svcs -April TOTAL DUE VENDOR -------- Office Depot OfficeDepo *001-4050-1200 2 80505E 04/29 05/05 023498687 Supplies -Finance *001-4090-1200 9 30505F 04/29 05/05 0242543,01 Supplies -Gen Govt *001-4090-1200 7 80505E 5993 04/29 05/05 024254353 Supplies-CMgr *i<i1-4040-1200 2 80505F 04/29 05/05 024254453 Supplies-CClk: *001-4090-1200 8 80505F 04/29 05/05 024391190 Supplies -Gen Govt *125-4215-1200 1 80505F 04/29 05/05 024391970 Supplies-CD86 *001-4090-1200 6 80505F 04/29 05/05 024391997 Supplies-C11gr *001-4040-1200 1 A0505F 5993 04/29 05/05 024392047 Supplies-CClk *001-4050-1200 1 80505F 04/29 05/,)5 024392072 Supplies -Finance *001-4090-1200 5 80505F 04/29 05/05 024444681 Supplies-CMgr TOTAL DUE VENDOR -------- 500.00 05/05/9'8 tOO(A)34i31 500.00 0.00 182.00 1:3-.00 35.32 84.08 213.43 5.9'a 67.13 68.65 101.50 130.58 65.57 10.:35 832.60 - . - , - ' - ' -' 'i . - - 't i i RUN TIME: 08:37 :j4/,3W,4,s J J U ri 't h n 1 u 1 � T I- r Y nLt 1. IJE VENDOR NAME VENDOR 11). PREFAID +� + ACCOUNT PROJ.TX-NO BATCH PO.L1NE%NO. ENTRY;!DUE 24XICE it �RIFf I N A!'b1L lT PATE ECk' ------------------------------------------------------------------------------------------------------------------------------------ Owen; Lee OwenLee *001-3472 1 80505F PERS Health Benefits PERSHealth *001-2110-1003 1 80505F *001-4090-0093 1 80505E Payroll Transfer PayroilTr *001-1020 1 80505A Pentamation Enterprises Pentamatn *001-4090-2340 2 80505G 01/6046 Periwinkle Productions Periwinkle *001-4095-2353 4 Mk)5A 01/710` Pitney Bowes PitneyBow2 *001-4090-2120 2 80505E Pitney Bowes PitneyBowe *001-4090-2130 2 80505E 01/6001 Pomona Judicial District PomJudDist *001-3223 1 80505F Pomona Valley Humane Soc. PVHG *001-4431-5403 2 80505F 01/6075 04/2S 05/05 44585 Refund -Baja Excursa 213.00 TOTAL DUE VENDOR --------> 213.00 04!29 05/05 May -Health Ins Prems 9,558.40 04/2 175/05 May -Admin Fee 45.98 TOTAL DUE VENDOR --------1 9,605.3 04/29 05/05 Payroll Transfer-PP08 59,3fx).00 TOTAL PREPAID AMOUNT ----) 59,.300.00 TOTAL DUE VENDOR --------} 0.00 04/29 05/05 TrngSvcs-FinSftwre-3/9-10 3,828.,; TCTAL DUE: VENDOR --------} 3,828.35 04/2'? 05/05 Rides/'Velcro Wall-CtyAnnv 550.00 ;)`:,;._;`_,;>_ .+`iGU:;473 TOTAL PREPAID AMOUNT TOTAL DUE VENDOR --------} 0.00 04129 05105 94964 Mail Equip Suppls 72.48 TOTAL DUE VENDOR --------} 72.48 04/'2') 05/05 38161KAPR9S RentMailEgp/F1dgMach-Apr 360.90 TOTAL L'UE VENDOR --------) 369.90 04129 05/05 Mar -Parking Cites 445.00 TOTAL DUE VENDOR --------) 445.00 041129 05/05 960042500008 AnimalCntrlSvcs-May 4,959.17 TOTAL DUE VENDOR --------) 4,959.17 D+ RUN HIE: 08::37 04/'30/98 V 0 6 C H E R R E 3 13 T E RJ FtiGE 14 DUE THRO.............0` .5/91= VENDOR NAME kNDOR iD. PREPAID * ' ACCOUNT PROJ.TX-NO BATCH PO.LINE/NO. ENTRY/DOE INVOICE DESCR?P ?ON AMQUNT DATE CHEC- -------------------------------------------------------------------------•---------------------------------------------------------- Project Sister ProjSister *125-4215-2:155 2 80505F 01/6068 Protection Service Ind. NorcoAlarm 4001-4331-2126 2 80505F 03/6142 '001-4314-2126 2 80505E 02/6142 Public Empl Retirement PERS '001-2110-1008 1 80505A '001-2110-1008 2 80505A 1001-2110-1008 3 80505A Public Empl Retirement PERS '001-2110-1008 4 80505F '001-2110-1008 5 80505E '001-2110-1008 6 80505F 04/2? 05/05 AssaLItTrngPrgrm-Seniors 300.00 107AL DLE VENDOR --------) 300.00 04/29 05/05 392925 SecrtySys-SycCyn-2ndQtr 82.68 04/29 05/05 392'r32 ScrtySys-HrtgCtr-2ndQtr 69.96 *001-2300-1010 TOTAL DUE VENDOR --------) 152.64 04/29 05/05 PPS -Retire Contrib-EE 3,619.66 05/J5/98 0000,0;34 42 04/29 05/05 PPS -Retire Contrib-ER 3,436.66 GJ/45/98 0000034742 04/29 05/05 PP8-Military Beneft-CMgr 509.69 05/05/988 000.34742 TOTAL PREPAID AMOUNT ----} 7,566.01 TOTAL DUE VENDOR --------) 0.00 04/29 05/05 PP9-Retire Contrib-EE 3,475.23 04/29 05/05 P119 -Retire Contrib-ER 3,660.31 04/29 05/05 PP3-Military Contrib-CMgr 509.69 TOTAL DUE VENDOR --------) 7,645.23 R & D Blueprint R&DBlue *001-4510-2110 2 80505G 10/6003A 04/29 05/05 38157 '001-4510-2110 1 80505G 09/6003A 04/29 05/05 38191 *001-2300-1010 1 805056 04/29 05/05 38192 '001-4319-2210 5 845056 04/29 05/05 38218 *250-4510-6411 12498 12 805056 01/7182 04/29 05/05 38624 Reed, Lynda 2666 *401-3478 4 805050 Repro Graphics ReproGraph *001-4090-2110 2 805056 01/6101 Robert Driver Ins Co. ' RobDriye f001-2300-1004 1 84505E 04/29 05/05 25294 04/29 05/05 8995 04/29 05/05 Blueprnt Svcs-CIP Proj Blueprint Svcs -Dist 38\39 Map -FPL 96-49 Peterson Prk Map Blueprts-DBBStrRehabProj TOTAL DUE 'VENDOR -------- Recreation Refund TOTAL DUE VENDOR --------) PrtgBvcsBusCardMasters TOTAL DUE VENDOR --------) Vendor/ContrctrLiab-Apr TOTAL DUE VENDOR --------) 61.18 40.65 42.77 11.47 262.39 418.46 17.00 17.00 89.38 89.'A 360.05 560.05 at+ amity o= P:a%ond Bar n RUN TIME: 08:37 04,'301?8 V 0 0 0 H E rR R E G I S T E GE :; DUE THRU.............05/%)5/98 VENDOR NAME VENDOR ID. & PREPAiu ACCOUNT PROJ.TX-NO ----------------------------------------------------------------------------------------------------------------------------- BATCH P'O.LINE/NO, ENTRY/DUE INVOICE DESCRIPTION AMO_!NT DAIS CSE=! — ------ Roberts, Brian RobertsB *001-4090-4000 2 SO-JO55 01/6059 04/29 05/05 Audio/VisualSvcs-4/14 105.00 TOTAL DUE VENDOR--------) 105.00 Roberts, Cindy 26f,7 +001-3470 3 80905G 04/29 05/05 25562 Recreation Refund 80.00 TOTAL DUE VENDOR--------) 80.>.i RonKranzer&Assoc C.E. Inc RKA *001-2300-1012 5 805056 04/29 05/05 6446 Prof Svcs-EN 96-167 182.00 *001-2300-1012 6 805056 04/29 00J/05 6446 Prof 1wvcs-EN 96-160 232.75 *001-2300-1012 7 80W5G 04/29 05/05 6446 Prof Svcs-EN 96-160 540.75 TOTAL DUE VENDOR--------) 955.50 San Dimas Grain SanDim6rai *001-4095-2353 8 80505A 01/7184 04/29 05/05 Hay Bales-Annv Celeb 216.07 05/05/'-K' n1Xj0034?:::4 TOTAL PREPAID AMOUNT ----) 216.07 TOTAL DUE VENENR--------) 0.00 San Gabriel Vly Tribune SGVTribune *001-4040-2115 4 80505G 01/6980 04/29 05/0,5 6625 Gen Legal Ad-B&S Fees 61.92 TOTAL DUE VEN---------) 61.92 Sarkissian, Gina Sark:issiar, *001-2300-1002 6 80505G 04/29 05/05 42758 Refund-Deposit-RonReagan 50.00 TOTAL DUE VENA--------) 50.00 Siecke, Warren C. SieckeW *250-4510-6412 10798 2 305050 01/6736 04%29 05/05 4046 TrfcSignlConst-DB/GS 2,684.00 *250-4510-6412 10598 4 805056 02/6736 04/29 05/05 4046 TrfcSignl-GS/Calbrne 1,053.00 TOTAL DUE VENDOR--------) 3,737.00 Sign Depot SignDepot *001-4095-2353 14 80505G 01/7151 04/29 05/05 16877 BannerModifictns-AnnvCelb 64.95 TOTAL DUE VENDOR --------) 64.95 Special Events SpecialEve *001-4010-2'325 2 80505A 04/29 05/05 LibryWeek8rkfst4%22-Ansri 16.00 05/05/9;; 0000034737 TOTAL PREPAID AMOUNT ----) 16.00 TOTAL DUE VENDOR--------> 0.00 f 4 G RUN TIME: 08-37 04/30/98 V 0 0 0 H E R R E G I S T E R PAGE 16 I+UE ThTNIU.............%.ci.,; E/;. VENDOR NAME VENDOn ID. * * PREPAID 4 ACCOUNT PROJ.T%-NO BATCH PO.LINEt'N0. ENTRY/DUE INVOICE DESCRIPTION AMOUNT DATE CL ECk ------------------------------------------------------------------------------------------------------------------------------------ Standard Insurance of Ore Standardln *001-2110-1005 1 805056 04/29 05/05 *001-2110-1005 2 80505G 04/29 05/05 Subway Subway *001-4090-7325 6 80505G '11/6957 04%29 05/05 *115-4515-2325 2 80505G 12/6957 04/29 05/05 Tanaka, Wanda TanakaW *001-4350-1200 4 80505G 04/29 05/05 The Gas Company SoCaGas *001-4314-2126 3 805056 04/29 05/05 The Planning Center F1ngCenter *118-409'8-4000 2 805056 01/7027 04/29 05/05 25446 Tillery, Jack Tillery) *001-3472 2 805056 04/29 05/05 44354 Time Out Personnel -Svc. TimeOut *001-4210-4000 1 80505G 04/29 05/05 2994 Total Plan Inc. TotalPlan *001-4090-4000 4 80505G 01/6965 04/29 05/05 58035 Usher, Frank UsherF *001-4440-1200 1 80505A 04/29 05/05 May Suppl Life Ins Prems 98.40 May Life Ins Prems 446.60 TOTAL DUE VENDOR --------) 545.00 Mtg Suppls-4/7/98 11.97 Mtg Sup -SW TskFrc 4/13 5.99 TOTAL DUE VENDOR --------) 17.96 Reimb-EsterEggHuntSuppls 23.38 TOTAL DUE VENDOR --------) 23.38 Gas Srvcs-Hrtg Can Ctr 196.76 TOTAL DUE VENDOR --------) 196.76 CongestnMgmtSuprtSvcs-Mar 771.25 TOTAL DUE VENDOR --------) 771.25 Refund-RamnaPageantEicur 64.00 TOTAL DUE VENDOR --------) 64.00 TeopPingSecrtry-w/end3/15 282.26 TOTAL DUE VENDOR --------) 282.26 DesignSvcs-Suites 110,150 1,100.00 TOTAL DUE VENDOR --------) 1,100.00 Reimb-Misc Supplies 168.67 05/05/5)8 0000034738 TOTAL PREPAID AMOUNT ----) 168.67 TOTAL DUE VENDOR --------) 0.00 RUN TIME: 08:37 04/30/98 V 0 U C H E R R E G I S T E R PAGE 17 DUE THkU.............�5iii� VENDOR NAME VENDOR ID. * PREPAID ACCOUNT PROJ.TX-NO BATCH PO.LINE,'NO. ENTRY/tUE INVOICE DESCRIPTION AMOUNT DATE • CHECk ------------------------------------------------------------------------------------------------------------------------------------ Vernon *001-4095-2352 Virginkar, Arun *001-4553-4100 Vernon 2 80505G 01/7000 Virginkar 2 805050 Vision Service Plan VlsionSery *001-2110-1006 1 80505G Wang, Dah 2662 *001-3478 1 805050 West Publishing Co. WestPub *001-4090-2320 2 805050 01/6157 Wright, Paul WrightP *001-4090-4000 6 80505G 01/6058 Yosemite Waters YosemWater *001-4310-2130 5 80505G 01/7088 *001-4350-1200 6 805050 02/6141 *001-4310-2130 3 805056 *001-4314-1200 2 805050 02/6140 .carate, Sonia 2668 *001-3478 6 805056 04/::9 05/05 4"269J2 Promo Keyfobs-Annv Celeb 716.55 TOTAL DUE VENDOR --------] 716.55 04/29 05/05 T&T Come Mtg 4/9 40.00 TOTAL DUE VENDOR --------) 40.00 04/29 05/05 May Vision Prees 909.16 TOTAL DUE VENDOR --------> 909.16 04/29 05/05 25115 Recreation Refund 35.00 TOTAL DUE VENDOR --------) 35.00 04/29 05/05 19599317 CA Legis Svcs Publctns 144.50 TOTAL DUE VENDOR --------] 144.50; 04/29 05/05 Audio/VisualSvcs-4%11 315.00 TOTAL DUE VENDOR --------] 315.00 04/29 05/05 Acct32645 Equip Rent-ComSvcCtr-Mar 50.00 04/29 05/05 Acct32645 Supplies-CSCenter 14.60 04/29 05/05 Acct58292 Apr -Equip Rent-HrtgCo*Ctr 7.00 04/29 05/05 Acct58292 Supplies-HrtgeCemCtr 81.24 TOTAL DUE VENDOR --------> 152.54 04/29 05/05 25256 Recreation Refund 35.00 TOTAL. DUE VENDOR --------) 35. 00 TOTAL PREPAID -----------) 73,270.85 TOTAL DUE ---- '----------) 582,130.49 TOTAL REPORT ------------) 655,401.34 TOTAL------------------------------------ ------------------------------------------------------------ ALL FUNDS 655,401.34 112,304.52 942.00 `42,154.32 RUN TIM, � �}%: t U4i 3Ui'�c V 0 U U M E R R i_ G 1 3 T E R FACE 1 =UND SUt1MAR I RF PPR DUE TNRU............. 05/Otj'98 DISBURSE G/L "-UE WILL PG'ST GJE HAS PCSTED FUTURE TRAN=AOTI�-i FUND --------------------------------------------------------------------------------------------------------------------------------------- TOTAL D1RK.PAY REVEPCE EXPENSE REVENUE EXPENSE RE'VLNUE EXPENSE 001 General Fund 536,460.65 112',304.52 '342.00 423,214.16 139 LLAD #39 Fund 1,087.12 1.C;R7.1., 1381 LLAD #38 Fund 3,077.57 3,;_71,57 112 Prop A -Transit F 11,982.01 11,982,01 126 COPS Fund 9'Z2.07 ?22,07 250 C.I.F. Fund 98,568.43 98,588.43 011 Cam Orgnztn Sup 1,125.0:3 115 Int Waste Mgmt F 79.69 79,69 141 LLAD #41 Fund ;77.56 877.56 010 Library Service 61.28 „ `o 125 CDBG Fund :368.65 115 Air Quality Imp 771.25 771.f TOTAL------------------------------------ ------------------------------------------------------------ ALL FUNDS 655,401.34 112,304.52 942.00 `42,154.32 TO: City of Diamond Bar ATTENTION: Lynda Burgess, City Clerk RE: Claim Claimant D/Event Recd Y/Office Our File April 15, 1998= 04 �,p� Vim" Keelan v. Diamond Bar Ray Keelan 11.24.97 1.20.98 S 96740 CPQ We have reviewed the above captioned claim and request that you take the action indicated below: • CLAIM REJECTION: Send a standard rejection letter to the claimant. Please provide us with a copy of the notice sent, as requested above. If you have any questions please contact the undersigned. Very truly yours !/ CARL & COMPANY 1�GG6�Q1lC� • Nu1Le Richard D. Marque cc: CJPIA Attn: Executive Director CARL WARREN & CO. CLAIMS MANAGEMENT•CLAIMS ADJUSTERS 750 The City Drive a Ste 400 . Orange, CA 92868 Mail: P.O. Box 25180 • Santa Ana, Ca 92799-5180 Phone: (714) 740-7999 • (800) 572-6900 • Fax: (714) 740-9412 '.. _A M -(„) \ CLAIM ----- TO PERSON OR PROPERTY INSTRUCTION S 1. Claims for death, injury to person or to perow.l prope-ty must be filed not later than 6 mos. after the occurrence. (Gov Ccde Sec 2. Claims for damages to real property must be filed no, late:- thus 1 year after the " 21 p'l ., occurrence. (Gov. Code Sec. 911.2) %: 52 3. Read entire claim before filing. 4. See page 2 for diagram upon which to Locate place of accideii- 5. This claim form must be signed on page 2 at bottone. 6. Attach separate sheets, if necessary, to give lull derails. SIGN EACH SHEET. 7. Claim must be filed with City Clerk. (Gov. C'cde S4. -c. S,15a) To: The City of Diamond Bar Name of Claimant — Age of Claimant (if natural person) -Zt I ��-! h (a4 Home Add ss of Claimant Cit and State V home Telephone Number �7.3� Eho r -s Lahr ' t 1� 8 /'10 -n 4/ 5; sc- Business Address of Claimant Cit and State Bursiness Tel hone Number -3 733 ,�k Ge e s ant 03 cad Wim �Gt_r%k ( tD ��o .�_— ;!!j Cls Give address to which you desire notices or communications to be sent regarding this claim. 37 33 Rho4es 2—Q^e: Bawiy, Rr_ /< CX 9/70 6 How did DAMAGE or INJURY occur? Give full particulars. _ La CLS dr;Vinq SOi�i{i� Ort �ic�rnanc� �ar �1Vcl• ihTmy N/tiaf/or�o1e�1 lU�►•-I�d -f-o-}-�rr`J �^i9►l� 6Y+'�b 6(�JL�dCi}� �QkJ t(� sa mac. pLA.f1/�q �Yl / 0 -;'ke q,; k+ - ka. PJ -� u ►^ rk l 0.r%e. Gel e r,2. /+f _%(.Z� ��i 1't e f+-� �S % Y1s k e- AN , A ' +Y'.¢ C i+/G-S ver -tj e. /cLA-e 07" 1 r�`�ii7� 1 I'4Rci¢ GGr.-�Ctc�" W;-�k When did DAMAGE or INJURY occur? Give full particulars, date, time of day: o_rla 4L n (ru j -^7 Ue 1 c , , / " L 6 Y. --A 0-1' N 0 V C m b e -e —.Z til/ / c'F 7 3:30 cJ Where did DAMAGE or INJURY occur? Describe fully, and locate on diagram on reverse side of this sheet, where appropriate, give street names and addresses and measurements from landmarks: G%a-S-�- S,�eic v�' �;o�►�►�4 BcLi, B) U4' _jus -' ho r -+k /"COII►��"Ri✓1 LG1kt Q 4k*- ' k' 4 ' ,-,- hb r.+k 0� /h o What particular ACT or OMISSION do you claim caused the injury or damage? Give names of City employees causing the injury or damage, if known: 7h e -l-r�e w oz.s s4i + V o -fo o 41- r i n4 4ive rl� 4 - %--� 41"-t- h 1 a- he., What DAM- GE cr INJURIES do you claim resulted? Give WE extent of injuries or damages claimed: The aw,^1►(�s� t S;�Q. ar� Yb oT OT Yho'iorker+1Q i"e�eiv s u c d.•J-VWC'Jc i. The et W ,-t r.�► 1�►tic� h c� t,t rQS ,s� k--,dci -e-J. What AMOUNT do you claim on account of each item of injury or damage as of date of presentation of this claim, giving basis of computation. 0/,6-5-6,6.57 Give ESTIMATED AMOUNT as far as known you claim on account of each item of prospective injury or damage, giving basis of computation: ,see_ Gz�� s-fi w.� --i-� {ro �• l�-v►� s (,t� rtn e b �a , SEE PAGE 2 (OVER) THIS CLAIM MUST BE SIGNED ON REVERSE SIDE Insurance payments received, if any, names of Insurance Company: C- )'+.,7 11S�c rcc"iG t Cun�pcti�/ Expenditures made on account of accident or injury: (Date—Item) (Aniount. X10 KIPL Name and address of Witnesses, Doctors and Hospitals: Np he, READ CAREFULLY For all accident claims place on following diagram names of streets, including North, East, South, and West; indicate place o accident by "X" and by showing house numbers or distances to street corners. If City Vehicle was involved, designate by letter "A" location of City vehicle when you first saw it, and by "B" location of yoursel or your vehicle when you first saw City vehicle; location of City vehicle at time of accident by "A-1" and location of yourseif or you: vehicle at the time of the accident by "B-1" and the point of impact by "X." NOTE: If diagrams below do not fit the situation, attach hereto a proper diagram signed by claimant. FOR AUTOMOBILE ACCIDENTS W S + ,y E 71\\ FOR OTHER ACCIDENTS J �o n S1 <-.0 f a yv o" 15 a -r ) V q . l� CURB Signature of Claimant or person filing on his behalf giving Typed Name: Date relationship to Claimant: Rcky Ke elate 7-9� CIADIS ?ST BE ILED WITH CITY CLERK (GOV. CODE SEC. 915a). ALTMANS WINNESAGO 61trT 110 op_ f `"t6T• ESTIMATE OF REPAIRS Cover Ony Oddflfama, DOrti or laver -Rich may Of Itcufr wary has b{en 00ened v0 occouonally offer tht work wotm at daneogld Parti are discovered which Ortn01 eri first imlo*C110A. flecovlt of 1hi1 Ike owye pncet Oft Aof ohd ole for irnrr+edfott occeptohce only, to all t+ IM hot tforled, ru dtml on fht OvOfonree0. TOTAL f ST11eAi ••t t I.—%%1%..%,.,\. V"—.. Tau! JU_. 'o.. r. ter ur.e re v e .. TO: City of Diamond Bar ATTENTION: Tommye Nice, Deputy City Clerk RE: Claim Claimant D/Event Rec'd Y/Office Our File April 20, 1998 93 r,,F R 2 1 C' 1' C 4 Lee v. City of Diamond Bar John Lee 18 -Oct -97 15 -Apr -98 S-97148-DBK We have reviewed the above captioned claim and request that you take the action indicated below: • CLAIM REJECTION: Send a standard rejection letter to the claimant. Please provide us with a copy of the notice sent, as requested above. If you have any questions please contact the undersigned. Very truly yours, CARL WARREN & COMPANY c Dwight J. Kunz cc: CJPIA w/enc. Attn.: Executive Director CARL WA-RREN & CO. CLAIMS MANACEMENT•CLAIMS ADJUSTERS 750 The City Drive • Ste 400 . Orange, CA 92868 Mail: P.O. Box 25180 • Santa Ana, Ca 92799-5180 Phone: (714) 740-7999 Ext. 140 • (800) 572-6900 • Fax: (714) 740-9412 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25' 26, 27' 28 CLAIM AGAINST PUBLIC ENTITY ��.. 15 TO: CITY OF DIAMOND BAR, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA JOHN LEE, hereby makes a claim against CITY OF DIAMOND BAR, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA for an amount within the Superior Court jurisdiction and makes the following statements in support of his claim. 1. Claimant's address is 758 North Trotter Court, Walnut, California 91789. 2. Notices concerning this claim should be sent to SATIN & RUSSELL, 5015 Birch Street, Newport Beach, California 92660. 3. The date and place of the occurrence giving rise to this claim are on or about October 18,1997, at or near Diamond Bar Golf Club located at or near 22751 East Golden Springs Drive, in the City of Diamond Bar, County of Los Angeles, State of California. 4. The facts giving rise to this claim are as follows: On or about the above date and location, claimant, JOHN LEE, was walking from the club house to the practice range on the subject golf course when he slipped and fell on an uneven portion of the pathway that was wet. The pathway from the club house to the practice range was dark as there were no lights to guide claimant. The above public entities are responsible for claimant's injuries due to their failure, 1 2 3 4 5 6 7 8 9 10 11. 12, 13' 14' 15i 16 171 18. 1911 20 21 22'' 23 24 25 26 27 28 among other things, to maintain said pathway in a safe and well lit condition. 5. Claimant's injuries include, but are not limited to, the following: fracture of claimant's right tibia and fibula. 6. The name of the public employee(s) causing the claimant's injuries is unknown at this time. 9 7. The claim amount claimant is reque ng is consistent with the jur�sd�ction of the Superior o Wtt DATED: ! .� (�` 1 t LAW 0 F SATIN & RUSSELL By: L� Christopher E. Russell Attorneys for Plaintiff 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) 1llW:C / y 6 : 1 I am a resident of the county aforesaid; I am over the age of eighteen (18) years and not a party to the within entitled action my business address is: SATIN & RUSSELL 5015 Birch Street Newport Beach, California 92660 On April i±, 1998, I served the within: CLAIM AGAINST PUBLIC ENTITY on all Interested Parties in said action by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the United States Mail at Orange County addressed as follows: City of Diamond Bar City Clerk 21660 E. Copley Drive, Ste. 100 Diamond Bar, CA 91765 County of Los Angeles Board of Supervisors 500 W. Temple ,383 Kenneth Hahn Bldg. Los Angeles, CA 90012 State of California State Board of Control P.O. Box 3035 Sacramento, CA 95812-3035 I declare under penalty of perjury under the laws of the State of California thattheforegoing is true and correct. Executed on April 1998, at Ne o t Beach California. Ter L. Penniston CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. & - '' TO: Honorable Mayor and Members of the City Council MEETING DATE: May 5, 1998 REPORT DATE: April 29, 1998 FROM: Terrence L. Belanger, City Manager TITLE: NOTICE OF COMPLETION FOR ADA RETROFIT AT PETERSON PARK SUMMARY: On June 11, 1997, the City Council awarded the construction contract for the ADA Retrofit at Peterson Park to MJS Construction, Inc. The completed work has been determined to be in accordance with the plans and specifications approved by the City. The final construction contract amount is $189,254.50. RECOMMENDATION: It is recommended that the City Council accept the work performed by MJS Construction, Inc. and authorize the City Clerk to file the proper Notice of Completion and to release any retention amounts thirty-five (35) days after the recordation date. EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed N/A _ Yes —No by the City Attorney? 2. Does the report require a majority or 4/5 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? _ Yes X No Report discussed with the following affected departments: REVIEWED BY: Terrence L. Belanger City Manager f9ines DeS fano Deputy City Manager David G. Liu Deputy Director of Public Works CITY COUNCIL REPORT AGENDA NO. MEETING DATE: May 5, 1998 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: NOTICE OF COMPLETION FOR ADA RETROFIT AT PETERSON PARK ISSUE STATEMENT To submit and file for recordation a Notice of Completion for the ADA Retrofit at Peterson Park. RECOMMENDATION: It is recommended that the City Council accept the work performed by MJS Construction, Inc. and authorize the City Clerk to file the proper Notice of Completion and to release any retention amounts thirty-five (3 5) days after the recordation date. FINANCIAL SUMMARY: The process of filing a Notice of Completion has no fiscal impact on the City. BACKGROUND/DISCUSSION: On June 11, 1997, the City Council awarded the construction contract for the ADA Retrofit at Peterson Park to MJS Construction, Inc. for a contract amount of $184,486.50 and a contingency amount of $15,000. The final contract amount, including one change order, is $189,254.50. On January 30, 1998, MJS Construction completed the construction of the ADA Retrofit at Peterson Park. A ninety (90) day maintenance period for the trees and landscaping installed was completed on April 30, 1998. Staff has determined that the completed work is in accordance with the specifications prepared and approved by the City. It should be noted that based on staff s meetings with MJS Construction, Inc., it was concurred that the City will waive the disputed liquidated damages due to deficiencies and lack of progress during the months of December and January. MJS has provided 100 additional five gallon shrubs along the parkway, sod along the walkway, and first base foul line fencing at no cost to the City. Prepared by: David G. Liu/Kellee A. Fritzal RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO NAME CITY OF DIAMOND BAR STREET 21660 EAST COPLEY DRIVE, STE. 100 ADDRESS crrva DIAMOND BAR CA 91765-4177 STATE ATTENTION: CITY CLERK I SPACE ABOVE THIS LINE FOR RECORDER'S USE NOTICE OF COMPLETION Notice pursuant to Civil Code Section 3093, must be tiled within 10 days after completion. Notice is hereby given that: I. The undersigned is the owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described: 2. The full name of the owner is City of Diamond Bar 3. The full address of the owner is 21660 Fast Copley Drive Suite 100 Diamond Bar A 91765 4. The nature of the interest or estate of the owner is; In fee. (Ifother than fee, strike "In fee" and insert, for exampie, "purchaser under contract of purchase," or "lessee") 5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are: NAMES ADDRESSES 6. A work of improvement on the property hereinafter described was completed on January 30. 1998 The work done was ADA Retrofit at Peterson Park 7. The name of the contractor, if any, for such work of improvement was MIS Construction. Inc June 11 1997 (If no contractor for work of improvement as a whole, insert "none") (Date of Contract) 8. The property on which said work of improvement was completed is in the City of Diamond Bar, County of Los Angeles, State of California, and is described as follows: Construction of ADA Improvements at Carlton I. Peterson Park 9. The street address of said property is 24142 East Sylvan Glen Road (If no street address has leen officially assigned, insert "none") Dated: Verification for Individual Owner CITY OF DIAMOND BAR Signature of owner or corporate officer of owner named in paragraph 2 or his agent VERIFICATION I, the undersigned, say: I am the Deputy Director fo Public Works the declarant of the foregoing ("resident of", Manager of", "A partner of", "Owner of", etc.) notice of completion: I have read said notice of completion and know the contests thereof; the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on (Date of signature) 19 _, at Diamond Bar California. (City where signed) (Personal signature of the individual who is swearing that the contents of the notice of completion are true) C \wpsou.tNDAxAr,rEntvt_wrEworccotm C:iTY Vl" Dl1'iMVND DAR AGENDA REPORT AGENDA NO. TO: Honorable Mayor and Members of the City Council MEETING DATE: May. 5, 1998 REPORT DATE: April 29, 1998 FROM: Terrence L. Belanger, City Manager TITLE: Resolution No. 98 -XX entitled: "A Resolution of the City Council of the City of Diamond Bar extending the existing red curb on the east side of Golden Springs Drive between Sylvan Glen Road and second driveway to the Cimmeron Oaks condominiums by an additional fifteen (15) feet". SUMMARY: On March 12, 1998, the Traffic and Transportation Commission recommended the extension of the existing red curb on the east side of Golden Springs Drive between Sylvan Glen Road and second driveway to the Cimmeron Oaks condominiums by an additional fifteen (15) feet. This recommendation was based on the need to further enhance the visibility distance of motorists who utilize the driveway in discussion. RECOMMENDATION: That the City Council approve Resolution No. 98 -XX entitled: "A Resolution of the City Council of the City of Diamond Bar extending the existing red curb on the east side of Golden Springs Drive between Sylvan Gen Road and second driveway to the Cimmeron Oaks condominiums by an additional fifteen (15) feet". LIST OF ATTACHMENTS: X Staff Report — Public Hearing Notification X Resolution(s) — Bid Specification (on file in City Clerk's office) — Ordinance(s) X Other: 3/12/98 T&T Commission Minutes Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been XYes — No reviewed by the City Attorney? 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? X Yes — No Which Commission? Traffic & Transportation 5. Are other departments affected by the report? N/A — Yes — No Report discussed with the following affected departments: REVIEWED BY: lib�" TerreAce L. Bel iWes DeStefan avid G. Liu City Manager t Deputy City MaAager Deputy Director of Public Works CITY COUNCIL REPORT AGENDA NO. _ MEETING DATE: May 5, 1998 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Resolution No. 98 -XX entitled: "A Resolution of the City Council of the City of Diamond Bar extending the existing red curb on the east side of Golden Springs Drive between Sylvan Glen Road and second driveway to the Cimmeron Oaks condominiums by an additional fifteen (IS) feet". ISSUE STATEMENT: Extend existing red curb on the east side of Golden Springs Drive between Sylvan Glen Road and second driveway to the Cimmeron Oaks condominiums by an additional fifteen (15) feet". RECOMMENDATION: That the City Council approve Resolution No. 98 -XX entitled: "A Resolution of the City Council of the City of Diamond Bar extending the existing red curb on the east side of Golden Springs Drive between Sylvan Glen Road and second driveway to the Cimmeron Oaks condominiums by an additional fifteen (15) feet". FINANCIAL SUMMARY: The proposed recommendation will cost $50 and will be funded by the Signing and Striping account. BACKGROUND/DISCUSSION: On March 12, 1998, the Traffic and Transportation Commission discussed the feasibility of extending the existing red curb(approximately 20 feet) on the east side of Golden Springs Drive between Sylvan Glen Road and second driveway to the Cimmeron Oaks condominiums by an additional fifteen (15) feet" (See Exhibit "A"). This request came to the Commission in order to minimize potential visibility restriction for motorists existing the driveway. To mitigate the sight visibility concern as a result of the horizontal curvature on Golden Springs Drive, the Traffic and Transportation Commission and staff request that the City Council approve the extension of the red curb in discussion. Prepared By: David G. Uu/beday Aberra MARCH 12, 1998 PAGE 6 T&T COMMISSION ABSENT: COMMISSIONERS: VC/Virginkar he Commission requested that staff provide/eding overhead bits of existing signage installations and lmmitridge Drive and ngview Drive for the April 9, 1998 Trportation Commi 'on meeting. B. Feasibility o installing additional miti tion measures on Goldrush Drive. DDPW/ presented s s report. taff recommends that the Traffic and m Transportation Com, n c9dcur with staffs recommendation not to install additional mitigation m on Goldrush Drive at this time. It is also recommended that a speortrailer be periodically stationed on this street. C/Istikd, C Tris seconded, t ncur with staffs recommendation not to install addmoveitio mitigation measures Goldrush Drive at this time and recommend a speed/radar trailer be p tl�l stationed on this street. The motion as carried 40 with the follo Call vote: AYES: COMMISSIONERS: Istik, Lin, Mo 's, Chair/Leonard-Colby NO E COMMISSIONERS: None AB COMMISSIONERS: VC/Vuginkar C. als and Objectives of the Traffic and Transportation Co mission. Chair/Leonard-Colby asked the Commissioners for their concurrenc o complete the numerical prioritization of the Commission's goals and ob ve for review and discussion at the April 9, 1998 meeting. VII. NEW BUSINESS: A. Request to extend existing red curb on the east side of Golden Springs Drive between Sylvan Glen Road and second driveway to the condominiums. AA/Aberra presented staffs report. Staff recommends that the Traffic and Transportation Commission recommend to the City Council the extension of the existing 15 feet of red curb on the east side of Golden Springs Drive between Sylvan Glen Road and the second driveway to the condominiums by an additional 15 feet. MARCH 12, 1998 PAGE 7 TAT COMMISSION AA/Aberra responded to C/Morris that this item was referred to staff by a resident of the condominium complex. C/Morris stated he agrees with staffs recommendation and suggested that in the future, when staff receives a request from a condominium owner that the homeowners association be contacted for concurrence. C/Morris moved, C/Lin seconded, to recommend to the City Council the extension of the existing 15 feet of red curb on the east side of Golden Springs Drive between Sylvan Glen Road and the second driveway to the condominiums by an additional 15 feet. The motion was carried 4-0 by the following Roll Call vote: AYES: COMMISSIONERS: Istik, Lin, Morris, Chair/Leonard-Colby NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: VCNirginkar STATUS OF PREVIOUS ACTION ITEMS: AA/Aberra responded to Chair/Leonard-Colby that from time to tim,p4ehicles are ked in the no parking area on Pathfinder Road bridge. These ehicles are ticketed. Sh ated that staff will present its recommendation to inst o Parking/No Stony' suns in the area. IX. ITEMS C/Istik asked what the tr c impacts a to Diamond Bar city streets as a result of the City of Industry's sale of 78 industrial park (the former MRF site) to Cole Development. DDPW/Liu responded that a City has r ' ed a traffic engineering consultant to review this matter. Di and Bar reviewed the ort and did not completely agree with the findings. nd Bar is presently negoti a Memorandum of Understanding f payment of impact fees. Respond' to Chair/Leonard-Colby that the traffic signal in tion on Diamond Bar Boule d and Palomino Drive is slated to be completed ahead of edule. The st a capacity for the southbound Diamond Bar Boulevard left turn eue onto Palomino Drive will be increased. The street rehabilitation project plans Diamond Bar Boulevard from Palomino Drive northerly to Temple Avenue are current in plan check. The street improvement is slated to commence this summer. RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR EXTENDING THE EXISTING RED CURB ON THE EAST SIDE OF GOLDEN SPRINGS DRIVE BETWEEN SYLVAN GLEN ROAD AND SECOND DRIVEWAY TO THE CP4M ERON OAKS CONDOMR41UMS BY AN ADDITIONAL FIFTEEN (15) FEET A. RECITALS (i) The City Council considered this matter at a public meeting on May 5, 1998. (ii) At the meeting of May 5, 1998, the City Council determined that the extension of the red curb on the east side of Golden Springs Drive between Sylvan Glen Road and second driveway to the Cimmeron Oaks condominiums by an additional fifteen (15) feet is appropriate. B. RESOLUTION. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: 1. Said action is pursuant to Section 10.08.010 of the Diamond Bar City Code, as heretofore adopted; 2. The City Council hereby finds that the public health, safety, and welfare will be best protected by the extension of the red curb on the east side of Golden Springs Drive between Sylvan Glen Road and second driveway to the Cimmeron Oaks condominiums by an additional fifteen (15) feet is herein prescribed; 3. This resolution shall not become effective until the extension of the red curb on the east side of Golden Springs Drive between Sylvan Glen Road and second driveway to the Cimmeron Oaks condominiums by an additional fifteen (15) feet is installed; and 4. The City Council of the City of Diamond Bar hereby authorize and direct the City Engineer to cause said red curb to be installed as herein defined be established. PASSED, APPROVED 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 day of ,1998 by the following vote: AYES: NOES: ABSENT: ABSTAINED: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: ATTEST: City Clerk, City of Diamond Bar CITY of DIAMOND bAK -, AGENDA REPORT AGENDA NO. TO: Terrence L, Belanger, City Manager MEETING DATE: May 5, 1998 REPORT DATE: April 23,1998 FROM: Joann M. Gitmed, Senior Accountant TITLE: Membership of the City of La Palma into the California Joint Powers Insurance Authority (CJPIA). SUMMARY: The California Joint Powers Insurance Authority Executive Committee, at their meeting of April 17, 1998, recommended approval of the City of La Palma for membership in the Authority. Cities applying for membership must be approved by a two-thirds majority of the current membership. RECOMMENDATION: Approve membership of the City of La Palma in the CJPIA and authorize Mayor Herrera to execute the consent form as the City's delegate to the Authority. LIST OF ATTACHMENTS: _ Staff Report _ Public Hearing Notification _ Resolution(s) _ Bid Specification (on file in City Clerk's Office) Ordinances(s) XX Other (MembershigAAp lic�atio_n) _ Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed —Yes XX No by the City Attorney? 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? —Yes XX No 4. Has the report been reviewed by a Commission? —Yes XX No Which Commission? 5. Are other departments affected by the report? —Yes XX No Report discussed with the following affected departments: REVIEWED BY: Terrence L. Bela ger City Manager Linda G. Magnus Assistant Finance Director CITY COUNCIL REPORT AGENDA NO. MEETING DATE: May 5,1998 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Membership of the City of La Palma in the California Joint Powers Insurance Authority ISSUE STATEMENT: RECOMMENDATION: Approve membership of the City of La Palma in the CJPIA and authorize Mayor Herrera to execute the consent form as the City's delegate. DISCUSSION: The California Joint Powers Insurance Authority Executive Committee, at thier meeting of April 17, 1998, recommended approval of the City of La Palma for membership in the Authority. Cities applying for membership must be approved by a two-thirds majority of the current membership. FINANCIAL SUMMARY: Revenue- N/A Expenditure - N/A PREPARED BY: J nn M. Gitmed, Senior Accountant CALIFORNIA A 91� 2 S, To: CALIFORNIA JPIA DIRECTOR c/o City Clerk From: Jonathan R. Shull, Assistant Executive Director Date: April 20, 1998 Subject: Approval of Membership for the City of La Palma The Executive Committee at their regular meeting of April 17, 1998, recommended the approval of the City of La Palma for membership in the CALIFORNIA JPIA, subject to the initial general liability primary deposit established at $49,914 and workers' compensation primary deposit established at $113,298. Enclosed is a Membership Consent Form for the admission of the City of La Palma along with the report of Physical Survey. We are requesting that each City Clerk deliver the enclosed materials to the CALIFORNIA JPIA Director appointed by their Council, and expedite returning the form to this office as soon as possible. If the Director is unavailable, the duly appointed Alternate may execute the Consent. The CALIFORNIA JPIA Bylaws permit the independent judgment and action of your Director (or Alternate) on this matter, so that admissions may be accomplished in a timely manner. If your procedures require Council action on the matter, please arrange for this item to be given special handling at your next council meeting. Thank you in advance for your assistance in expediting the return of the consent form by May 18, 1998. Please feel free to call me if you have any questions at (562) 467-8717. Enc. CALIFORNIA JOINT POWERS INSURANCIF AUTHORITY 4')212 lA I'AF.,MA AVENUE. IA ['ALMA CA'XH,21 FEF S62i467-8700 FAX CALIFORNIA JPIA 4952 La Palma Avenue, La Palma, California CALIFORNIA (800) 229-2343 • Fax (562) 860-4992 J F I - A Voting Member: Diamond Bar MEMBERSHIP CONSENT FORM FOR THE CITY OF LA PALMA The application of the City of La Palma for membership in the CALIFORNIA ,JOINT POWERS INSURANCE AUTHORITY, having been duly considered and recommended by the Executive Committee, is hereby: ( ) Approved ( ) Disapproved Dated this 20th day of April, 1998. Director CALIFORNIAPIA MEMBERSHIP APPLICATION 0000000 REPORT OF PHYSICAL SURVEY Of CITY OF LA PALMA 0000000 L GENERAL INFORMATION A. Date of Survey: March 18, 1998 B. Participants in Survey: 1. For CAt.¢otu LA JPIA: Jon Shull, Assistant Executive Director Patricia France, Senior Risk Manager Marek Walaszczyk, Risk Manager 2. For City: Dan Keen, City Manager Ron Kenny, Director of Rec. & Comm. Srvcs. Robbeyn Bird, Finance Manager Vince Giampa, Police Chief Jeff Kirkpatrick, Police Captain Ed Ethell, Police Lieutenant Joan Hoesterey, Planner Tami Piscotty, Sr. Management Asst. C. Description of Applicant: Located in northwest Orange County, the City of La Palma is known for its high quality of services and excellent living conditions. Located on the Artesia Freeway (State Route 91), just east of Interstate 605, the City of La Palma's 1.5 square miles are comprised of a balanced mixture of residential, retail, and business uses. -1- The City of La Palma was incorporated on October 26, 1955, as a general law city using the Council -Manager form of government. The Council is made up of five members elected at -large to four-year, over -lapping terms. The Mayor is selected annually by and among the Council Members. The city's current permanent population is approximately 16,000. The city's 1997-98 operating budget is $15,163,100 with a current employment of 56 full-time employees, and 1997-98 payroll of $3,827,111. The city has its own police department. Fire Services are provided by the Orange County Fire Authority. Programming for the city's parks is handled by the city's recreation department. La Palma's General Fund's five largest revenue sources are: Sales Tax 24%, Property Tax 16%, Utility Users Tax 16%, Interfund Transfers 14%, and Vehicle License Fees 9%. The General Fund's five largest expenditure uses are: Police 55%, Recreation 16%, Administration 13%, Public Works 4%, and Finance 4%. During the survey, city staff displayed knowledge and concern about risk management issues. This attitude was reflected in the physical plant of the city which generally appeared to be well maintained and in good working order. IL CURRENT INSURANCE PROGRAM The city is currently a member of the Orange County Cities Risk Management Authority (OCCRMA). The self-insured general liability and automobile liability program has an occurrence limit of $2,000,000, at a retention level of $150,000. An excess insurance policy purchased by OCCRMA provides coverage from $2,000,000 to $32,000,000. Carl Warren & Co. provides claims administration services for the city's liability claims. The estimated premium for 1997-1998 for claims in excess of the city's self-insured retention is $41,525. The city self -insures for workers' compensation losses for the first $275,000 of each loss. Coverage to $2,000,000 is provided with a purchased excess insurance policy through OCCRMA. Colen and Lee provides claims administration services for the city's workers' compensation claims. The estimated premium for 1997-1998 for claims in excess of the city's self-insured retention is $5,123. The city's property coverage is coordinated through Robert F. Driver, with total insured values in the amount of $33,000,000. The premium for 1997-1998 was $23,000. -2- HL EXPERIENCE AND LOSS DATA General and Automobile Liability The city has had very few liability losses over the past five years, averaging seven per year. The cost of the city's losses over this same period has been an average of $8,780 annually. This is notably low considering the city has its own police department. Workers' Compensation The city's workers' compensation losses over the past five years have been about average for a city which includes public safety within its scope of services. The city has averaged sixteen claims per year with an average cost of $68,502 per year. IV. APPLICATION FEE AND DEPOSIT COMPUTATIONS A. Application Fee: The City of La Palma has paid an application fee of $1,500. B. General Liability Deposit: The initial primary deposit covering the period July 1, 1998 through June 30, 1999 was established at $49,914. The deposit was established based upon a pro forma analysis of the City's claims history covering the period July 1, 1989 to June 30, 1996. C. Workers' Compensation Deposit: The initial deposit for the July 1, 1998 through June 30, 1999 coverage period was established at $113,298 at the $50,000 retention level. The deposit was established based upon a pro forma analysis of the City's claims history covering the period July 1, 1989 to June 30, 1996. V. PHYSICAL INSPECTION AND COMMENTS A. CIVIC CENTER COMPLEX The Civic Center Complex was constructed in 1969. The building is well maintained, includes a sufficient number of exits and is accessible to the disabled. The parking lot is sufficiently lighted and maintained. -3- B. CORPORATION YARD The public works facility houses the city's maintenance and water divisions. One of the city's two water wells is located at this facility, as is the 2.5 million gallon reservoir. The second well and a 2 million gallon reservoir is located at another location in the city. The maintenance division is responsible for facilities and parks maintenance, as well as minor street and sidewalk repair. Major infrastructure projects are performed by contractors. The public works facility demonstrated a commitment to good housekeeping. C. PARKS AND PLAYGROUNDS The City owns one park and leases another park facility located on right-of-way owned by the Southern California Edison Company. The Police Department routinely patrols both parks while they are open to the public as well as after the facilities are closed. Central Park This facility has one softball field, two tennis courts, four basketball courts, and two new playground areas. Play facilities are well maintained and are regularly inspected for wear and damage by recreation and public works employees. El Rancho Verde Park The city leases and maintains 22 acres of right-of-way from Southern California Edison. Most of this area is used as passive park area, however approximately one acre is dedicated to El Rancho Verde Park. This facility is currently being reconstructed. Two new play areas are being built which will include new equipment. The play areas will be in compliance with the Americans with Disabilities Act. D. STREETS AND SIDEWALKS Streets appeared to be well maintained as well as having adequate signs, pavement marking, and warning notices where appropriate. During the course of the survey, no indications of roadway undermining caused by surface drainage or dangerous conditions were noted. All of the streets are incorporated into the city's seven-year pavement management program. -4- All road striping and pavement markings are repainted every two years. Markings near schools are repainted annually. All city employees including those in public works and the police department are encouraged to immediately report dangerous conditions noted while driving in the city. A citizen complaint log is maintained indefinitely by the public works department. Action taken to rectify the complaints are documented. The sidewalks, footpaths, curbs and gutters on the streets as well as in the parks observed during the survey had no noticeable uplift or other dangerous conditions. Seam and crack sealing and pothole repair are performed by city maintenance crews. Major repair, maintenance or modifications are contracted on a bid basis to firms that have the requisite expertise. State traffic control standards are utilized where appropriate. VI. WATER AND OTHER UTILITIES The public works department manages a water production and distribution system. Two water wells and two reservoirs are the major components of the system. The water production and distribution facilities appear to be relatively new and in good condition. Sanitary sewer service is provided by the Orange County Sanitation District. Electrical power is provided by Southern California Edison Company. Natural gas is provided by Southern California Gas Company. Park Disposal has responsibility for refuse collection and recycling services. VII. FIRE DEPARTMENT Fire protection and medical -aid services are provided by the Orange County Fire Authority. One fire station is located in the city; directly adjacent to the Civic Center Complex. -5- VIII. POLICE DEPARTMENT The City of La Palma has its own police department with total of 25 full-time sworn officers and seven reserve officers. The police department maintains a holding facility with a capacity for two people. Inmates are kept there for no longer than six hours before they are sent to Buena Park or County jail for further processing. The police department also maintains one K-9 unit, which according to department staff has caused no liability claims. Policies have been developed and training has been implemented for "high speed pursuit," "use of force," and various other high risk, low frequency police activities. DG SUMMARY AND EVALUATION The city leadership understands and is committed to the concept of risk management and is aware that hazardous conditions need to be evaluated and addressed to reduce the city's exposure to risk/loss. It is the CALIFORNIA JPIA staffs conclusion that the loss experience, physical inspection, and interest expressed qualify the City of La Palma for consideration for membership in the CALIFORNIA JPIA. We also find that membership will benefit the city by providing reliable and economical coverage, and it will be advantageous to the CALIFORNIA JPIA by expanding its ability to spread pooled losses and costs. X. RECOMMENDATION It is recommended that the City of La Palma's application for membership in the CALIFORNIA JOINT POWERS INSURANCE AUTHORITY be approved with an initial General Liability Program primary deposit of $49,914 and an initial Workers' Compensation Program deposit of $113,298 for participation in the $50,000 retention pool. 0 CA t.1 TORN IA J , P , ► - A To: CALIFORNIA JPIA DIRECTOR c/o City Clerk From: Jonathan R. Shull, Assistant Executive Director Date: April 20, 1998 98AM2i Subject: Approval of Membership for the City of La Palma The Executive Committee at their regular meeting of April 17, 1998, recommended the approval of the City of La Palma for membership in the CALIFORNIA JPIA, subject to the initial general liability primary deposit established at $49,914 and workers' compensation primary deposit established at $113,298. Enclosed is a Membership Consent Form for the admission of the City of La Palma along with the report of Physical Survey. We are requesting that each City Clerk deliver the enclosed materials to the CALIFORNIA JPIA Director appointed by their Council, and expedite returning the form to this office as soon as possible. If the Director is unavailable, the duly appointed Alternate may execute the Consent. The CALIFORNIA JPIA Bylaws permit the independent judgment and action of your Director (or Alternate) on this matter, so that admissions may be accomplished in a timely manner. If your procedures require Council action on the matter, please arrange for this item to be given special handling at your next council meeting. Thank you in advance for your assistance in expediting the return of the consent form by May 18, 1998. Please feel free to call me if you have any questions at (562) 467-8717. Enc. C A L I I() RN I A J() IN lP O W E RS IN ti U R AN CIE A U T H C3 R I -I' Y 49S) I\ I',AI NI.1 AVi I II 1,N I'AI &A,\( N901,,'2 IFI 1S(,)46-7 8700 FAX (562)860 4992 CALIFORNIA JPIA MEMBERSHIP APPLICATION •000000 REPORT OF PHYSICAL SURVEY of CITY OF LA PALMA *a***** L GENERAL INFORMATION A. Date of Survey: March 18, 1998 B. Participants in Survey: 1. For CALIFORNIA JPIA: Jon Shull, Assistant Executive Director Patricia France, Senior Risk Manager Marek Walaszczyk, Risk Manager 2. For City: Dan Keen, City Manager Ron Kenny, Director of Rec. & Comm. Srvcs. Robbeyn Bird, Finance Manager Vince Giampa, Police Chief Jeff Kirkpatrick, Police Captain Ed Ethell, Police Lieutenant Joan Hoesterey, Planner Tami Piscotty, Sr. Management Asst. C. Description of Applicant: Located in northwest Orange County, the City of La Palma is known for its high quality of services and excellent living conditions. Located on the Artesia Freeway (State Route 91), just east of Interstate 605, the City of La Palma's 1.5 square miles are comprised of a balanced mixture of residential, retail, and business uses. -1- The City of La Palma was incorporated on October 26, 1955, as a general law city using the Council -Manager form of government. The Council is made up of five members elected at -large to four-year, over -lapping terms. The Mayor is selected annually by and among the Council Members. The city's current permanent population is approximately 16,000. The city's 1997-98 operating budget is $15,163,100 with a current employment of 56 full-time employees, and 1997-98 payroll of $3,827,111. The city has its own police department. Fire Services are provided by the Orange County Fire Authority. Programming for the city's parks is handled by the city's recreation department. La Palma's General Fund's five largest revenue sources are: Sales Tax 24%, Property Tax 16%, Utility Users Tax 16%, Interfund Transfers 14%, and Vehicle License Fees 9%. The General Fund's five largest expenditure uses are: Police 55%, Recreation 16%, Administration 13%, Public Works 4%, and Finance 4%. During the survey, city staff displayed knowledge and concern about risk management issues. This attitude was reflected in the physical plant of the city which generally appeared to be well maintained and in good working order. II. CURRENT INSURANCE PROGRAM The city is currently a member of the Orange County Cities Risk Management Authority (OCCRMA). The self-insured general liability and automobile liability program has an occurrence limit of $2,000,000, at a retention level of $150,000. An excess insurance policy purchased by OCCRMA provides coverage from $2,000,000 to $32,000,000. Carl Warren & Co. provides claims administration services for the city's liability claims. The estimated premium for 1997-1998 for claims in excess of the city's self-insured retention is $41,525. The city self -insures for workers' compensation losses for the first $275,000 of each loss. Coverage to $2,000,000 is provided with a purchased excess insurance policy through OCCRMA. Colen and Lee provides claims administration services for the city's workers' compensation claims. The estimated premium for 1997-1998 for claims in excess of the city's self-insured retention is $5,123. The city's property coverage is coordinated through Robert F. Driver, with total insured values in the amount of $33,000,000. The premium for 1997-1998 was $23,000. -2- III. EXPERIENCE AND LOSS DATA General and Automobile Liability The city has had very few liability losses over the past five years, averaging seven per year. The cost of the city's losses over this same period has been an average of $8,780 annually. This is notably low considering the city has its own police department. Workers' Compensation The city's workers' compensation losses over the past five years have been about average for a city which includes public safety within its scope of services. The city has averaged sixteen claims per year with an average cost of $68,502 per year. IV. APPLICATION FEE AND DEPOSIT COMPUTATIONS A. Application Fee: The City of La Palma has paid an application fee of $1,500. B. General Liability Deposit: The initial primary deposit covering the period July 1, 1998 through June 30, 1999 was established at $49,914. The deposit was established based upon a pro forma analysis of the City's claims history covering the period July 1, 1989 to June 30, 1996. C. Workers' Compensation Deposit: The initial deposit for the July 1, 1998 through June 30, 1999 coverage period was established at $113,298 at the $50,000 retention level. The deposit was established based upon a pro forma analysis of the City's claims history covering the period July 1, 1989 to June 30, 1996. V. PHYSICAL INSPECTION AND COMMENTS A. CIVIC CENTER COMPLEX The Civic Center Complex was constructed in 1969. The building is well maintained, includes a sufficient number of exits and is accessible to the disabled. The parking lot is sufficiently lighted and maintained. Paize -3- B. CORPORATION YARD The public works facility houses the city's maintenance and water divisions. One of the city's two water wells is located at this facility, as is the 2.5 million gallon reservoir. The second well and a 2 million gallon reservoir is located at another location in the city. The maintenance division is responsible for facilities and parks maintenance, as well as minor street and sidewalk repair. Major infrastructure projects are performed by contractors. The public works facility demonstrated a commitment to good housekeeping. C. PARKS AND PLAYGROUNDS The City owns one park and leases another park facility located on right-of-way owned by the Southern California Edison Company. The Police Department routinely patrols both parks while they are open to the public as well as after the facilities are closed. Central Park This facility has one softball field, two tennis courts, four basketball courts, and two new playground areas. Play facilities are well maintained and are regularly inspected for wear and damage by recreation and public works employees. El Rancho Verde Park The city leases and maintains 22 acres of right-of-way from Southern California Edison. Most of this area is used as passive park area, however approximately one acre is dedicated to El Rancho Verde Park. This facility is currently being reconstructed. Two new play areas are being built which will include new equipment. The play areas will be in compliance with the Americans with Disabilities Act. D. STREETS AND SIDEWALKS Streets appeared to be well maintained as well as having adequate signs, pavement marking, and warning notices where appropriate. During the course of the survey, no indications of roadway undermining caused by surface drainage or dangerous conditions were noted. All of the streets are incorporated into the city's seven-year pavement management program. -4- All road striping and pavement markings are repainted every two years. Markings near schools are repainted annually. All city employees including those in public works and the police department are encouraged to immediately report dangerous conditions noted while driving in the city. A citizen complaint log is maintained indefinitely by the public works department. Action taken to rectify the complaints are documented. The sidewalks, footpaths, curbs and gutters on the streets as well as in the parks observed during the survey had no noticeable uplift or other dangerous conditions. Seam and crack sealing and pothole repair are performed by city maintenance crews. Major repair, maintenance or modifications are contracted on a bid basis to firms that have the requisite expertise. State traffic control standards are utilized where appropriate. VI. WATER AND OTHER UTILITIES The public works department manages a water production and distribution system. Two water wells and two reservoirs are the major components of the system. The water production and distribution facilities appear to be relatively new and in good condition. Sanitary sewer service is provided by the Orange County Sanitation District. Electrical power is provided by Southern California Edison Company. Natural gas is provided by Southern California Gas Company. Park Disposal has responsibility for refuse collection and recycling services. VII. FIRE DEPARTMENT Fire protection and medical -aid services are provided by the Orange County Fire Authority. One fire station is located in the city; directly adjacent to the Civic Center Complex. -5- VIII. POLICE DEPARTMENT The City of La Palma has its own police department with total of 25 full-time sworn officers and seven reserve officers. The police department maintains a holding facility with a capacity for two people. Inmates are kept there for no longer than six hours before they are sent to Buena Park or County jail for further processing. The police department also maintains one K-9 unit, which according to department staff has caused no liability claims. Policies have been developed and training has been implemented for "high speed pursuit," "use of force," and various other high risk, low frequency police activities. DC. SUMMARY AND EVALUATION The city leadership understands and is committed to the concept of risk management and is aware that hazardous conditions need to be evaluated and addressed to reduce the city's exposure to risk/loss. It is the CALIFORNIA JPIA staff's conclusion that the loss experience, physical inspection, and interest expressed qualify the City of La Palma for consideration for membership in the CALIFORNIA JPIA. We also find that membership will benefit the city by providing reliable and economical coverage, and it will be advantageous to the CALIFORNIA JPIA by expanding its ability to spread pooled losses and costs. X. RECOMMENDATION It is recommended that the City of La Palma's application for membership in the CALIFORNIA JOINT POWERS INSURANCE AUTHORITY be approved with an initial General Liability Program primary deposit of $49,914 and an initial Workers' Compensation Program deposit of $113,298 for participation in the $50,000 retention pool. 0 CITY OF DIAMOND BAR AGENDA REPORT TO: Terrence L. Belanger, City Manager MEETING DATE: May 5, 1998 FROM: Joann M. Gitmed, Senior Accountant TITLE: AGENDA NO. REPORT DATE: April 27, 1998 Proposition A Local Return Fund, Proposition C Local Return Fund and Transportation Development Act Audits for the fiscal years ended June 30, 1997 and 1996. SUMMARY: The City of Diamond Bar's Proposition A Local Return (Prop A), Proposition C Local Return (Prcr- C) and Transportation Development Act Funds (TDA) are required to be audited on an annual basis. The audit for fiscal year ended June 30, 1997 was completed in December 1997 by Simpson & Simpson, C.P.A. The final version of the audits were received in the City offices in April 1998 and are being presented to Council for their review. RECOMMENDATION: Receive, accept and file Proposition A Local Return Fund, Proposition C Local Return Fund and Transportation Development Act Fund Audit Reports for fiscal year ending June 30, 1997 and 1996. LIST OF ATTACHMENTS: _Staff Report —Public Hearing Notification _ Resolution(s) —Bid Specification (on file in City Clerk's Office) _ Ordinances(s) XX Other (Copies of Respective Audits) _ 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 or 4/5 vote? Majority 3. Has environmental impact been assessed? Yes No 4. Has the report been reviewed by a Commission? _ Yes No Which Commission? 5. Are other departments affected by the report? Yes No Report discussed with the following affected departments: _ REVIEWED BY: o�c. �i� Terrerice L. Bela er Linda G. Magnu on City Manager Assistant Finance Director CITY OF DIAMOND BAR ANNUAL FINANCIAL REPORT OF THE PROPOSITIONA LOCAL RETURN FUND FOR THE FISCAL YEARS ENDED JUNE 30,199 7 AND 1996 CITY OF DIAMOND BAR ANNUAL FINANCIAL REPORT PROPOSITION A LOCAL RETURN FUND For the Fiscal Years Ended June 30, 1997 and 1996 TABLE OF CONTENTS P FINANCIAL SECTION Independent Auditor's Report 4 Balance Sheet 6 Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual 7 Notes to Financial Statements COMPLIANCE SECTION Independent Auditor's Report 11 SUPPLEMENTAL INFORMATION Exhibit 1 - Schedule of Expenditures - Actual and LACMTA Approved Project Budget 13 Exhibit I - Schedule of Fixed Assets 14 Exhibit 2 - Exit Conference 2 15 FINANCIAL SECTION �irk7 son isson CERTIFIED PUBLIC ACCOUNTANTS SENIOR PARTNERS Brainard C. Simpson, CPA Carl P. Simpson, CPA Frederick A. Simpson, CPA December 12, 1997 To the Honorable Members of the City Council of the City of Diamond Bar, California and the Los Angeles County Metropolitan Transportation Authority 5750 WILSHIRE BOULEVARD, SUITE 288 LOS ANGELES, CALIFORNIA 90038 TELEPHONE (213) 938-3324 FAX (213) 930-0665 We have audited the balance sheet of the Proposition A Local Return Fund of the City of Diamond Bar (City) as of June 30, 1997 and 1996, and the accompanying statement of revenues, expenditures, and changes in fund balance for the years then ended. These statements are the responsibility of the City's management. Our responsibility is to express an opinion on these statements based on our audits. We conducted our audits in accordance with generally accepted auditing standards. Those standards require that we plan and perform the audits to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audits provide a reasonable basis for our opinion. As more fully described in Note 2, the financial statements present only the Proposition A Local Return Fund and are not intended to present fairly the financial position and the results of the operations of the City's total funds in conformity with generally accepted accounting principles. In our opinion, the statements referred to in the opening paragraph present fairly, in all material respects, the financial position of the Proposition A Local Return Fund of the City as of June 30, 1997 and 1996, and the results of its operations and changes in the fund balance for the years then ended, in conformity with the Los Angeles County Metropolitan Transportation Authority (LACMTA), ProRosition A Local Return Program Guidelines. The accompanying supplemental information listed in the foregoing table of contents is not necessary for a fair presentation of the financial statements referred to in the opening paragraph, but is presented as additional analytical data. The supplemental information has been subjected to the tests and other auditing procedures applied in the audits of the 4(C95 The CPA. Never Underestimate The Value` F � im_ pson �� 1,YPsvn financial statements and, in our opinion, is fairly stated in all material respects in relation to the financial statements taken as a whole. This report is intended solely for the information and use of the City and the Los Angeles County Metropolitan Transportation Authority (LACMTA) and it should not be used for any other purpose. This restriction is not intended to limit the distribution of this report which, upon acceptance by the City and LACMTA is a matter of public record. Los Angeles, California CITY OF DIAMOND BAR PROPOSITION A LOCAL RETURN FUND BALANCE SHEET June 30 The notes are an integral part of these financial statements. 6 im 129-� ASSETS Cash $ 1,765,607 $ 1,446,391 LACMTA Receivable 51,401 51,643 Total Assets $ 1,817,008 $ 1,498,034 1,14BILITIES AND FUND BALANCE Liabilities Accounts Payable $ 61,190 $ 47,529 Accrued Payroll 533 686 Total Liabilities 61,723 48,215 Fund Balance Restricted 1,755,285 1,449,819 Total Fund Balance 1,755,285 1,449,819 Total Liabilities and Fund Balance $ 1,817,008 $ 1,498,034 The notes are an integral part of these financial statements. 6 CITY OF DIAMOND BAR PROPOSITION A LOCAL RETURN FUND STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL For the Fiscal Year Ended June 30, 1997 (With Comparative Totals for the Fiscal Year Ended June 30, 1996) Expenditures Various Projects (Exhibit 1) 484,000 632,879 (148,879) 474,596 Total Expenditures 484,000 632,879 (148,879) 474,596 Excess (Deficit) of Revenues Over Expenditures 410,270 305,466 (104,804) 358,330 Fund Balance at Beginning of Year 1,449,819 1,449,819 0 1,091,489 Fund Balance at End of Year $ 1,860,089 $ 1,755,285 $ (104,804) $ 1,449,819 The notes are an integral part of these financial statements. 7 1997 Variance Favorable (Un- 1996 Revenues Budget Actual favorable) Astual Proposition A (Note 4) $ 614,270 $ 583,759 $ (30,511) $ 556,623 Interest Income (Note 5) 65,000 89,452 24,452 70,681 Project Generated 215,000 265,134 50,134 201,622 Sale of Asset (Note 6) 0 0 0 4,000 Total Revenues 894,270 938,345 44,075 832,926 Expenditures Various Projects (Exhibit 1) 484,000 632,879 (148,879) 474,596 Total Expenditures 484,000 632,879 (148,879) 474,596 Excess (Deficit) of Revenues Over Expenditures 410,270 305,466 (104,804) 358,330 Fund Balance at Beginning of Year 1,449,819 1,449,819 0 1,091,489 Fund Balance at End of Year $ 1,860,089 $ 1,755,285 $ (104,804) $ 1,449,819 The notes are an integral part of these financial statements. 7 CITY OF DIAMOND BAR PROPOSITION A LOCAL RETURN FUND NOTES TO FINANCIAL STATEMENTS For the Fiscal Years Ended June 30, 1997 and 1996 The operations of the Proposition A Local Return Fund (PALRF) are accounted for in separate sets of self -balancing accounts that comprise its assets, liabilities, fund balance, revenue and expenditures. PALRF accounts for the City's share of the 1/2% Proposition A Local Return allocations which are legally restricted for specific purposes. PALRF is accounted for in a Special Revenue Fund, using the modified accrual basis of accounting whereby revenues are recognized when they become both measurable and available to finance expenditures of the ,current period and expenditures are generally recognized when the related fund liabilities are incurred. The budgeted amounts. presented in this report for comparison to the actual amounts are presented in accordance with generally accepted accounting principles. The financial statements are intended to reflect the financial position, results of its operations and compliance with the Proposition A Local Return Program Guidelines, published by LACMTA for the Proposition A Local Return Fund only. In accordance with Proposition A Local Return Program Guidelines, funds received pursuant to these guidelines may only be used for Proposition A Local Return programs. Proposition A revenue is the following: 1997 129- Proposition A Local Return Fund $ 583,759 $ 556,623 These notes are an integral part of the preceding financial statements. 8 CITY OF DIAMOND BAR PROPOSITION A LOCAL RETURN FUND NOTES TO FINANCIAL STATEMENTS For the Fiscal Years Ended June 30, 1997 and 1996 (Continued) The PALRF cash balance was pooled with various other City funds for deposit and investment purposes. The share of each fund in the pooled cash account was separately maintained and interest income was apportioned to the participating funds based on the relationship of their average monthly balances to the total of the pooled cash and investments. In fiscal year 1995/96, two Dodge vans were sold for $4,000 over the net book value of the assets. These notes are an integral part of the preceding financial statements. 9 COMPLIANCE SECTION 10 17,onS `son CER77FIED PUBLIC ACCOUNTANTS 1 � %WW/ SENIOR PARTNERS Bn; C. Si, pson,iwr4 CPA CPA Carl P. Simpson, INDEPENDENT A UDITOR S REPORT Car Frederick A. Simpeon, CPA December 12, 1997 To the Honorable Members of the City Council of the City of Diamond Bar, California and the Los Angeles County Metropolitan Transportation Authority 5750 WILSHIRE BOULEVARD, SUfTE 286 LOS ANGELES, CALIFORNIA 90036 TELEPHONE (213) 9383324 FAX (213) 9190-0665 We have audited the balance sheet and statement of revenues, expenditures, and changes in fund balance of the Proposition A Local Return Fund of the City of Diamond Bar (City) for the years ended June 30, 1997 and 1996, and have issued our report thereon dated December 12, 1997. Our audits were made in accordance with generally accepted auditing standards; the rules and regulations of the Los Angeles County Metropolitan Transportation Authority (LACMTA); the Proposition A Local Return Guidelines (revised 1995); and accordingly, included such tests of the accounting records and such other auditing procedures as we considered necessary under the circumstances. The management of the City is responsible for the City's compliance with the laws and regulations of LACMTA and the Proposition A Local Return Guidelines. The following projects were reviewed and tested: Recreational Transit Bus Stop Bench Program Recreational Transit (Ranch Festival) Construction of Bus Pads Transit Subsidy Holiday Ride Senior & Disabled Dial -A -Cab Park & Ride Lot Expansion Transportation Planning Based on our audits, we found that, for the items tested, the City complied with the laws and regulations governing the projects listed above. Further, based on our audits, for the items not tested, nothing came to our attention to indicate that the City had not complied with the laws and regulations governing the projects. This report is intended solely for the use of the City and LACMTA and should not be used for any other purpose. This restriction is not intended to limit the distribution of this report which, upon acceptance by the City and LACMTA is a matter of public record. WA 7 Los Angeles, California 11 CPA w The CPA. Never Underestimate The vawe:" SUPPLEMENTAL INFORMATION 12 Proj ect Code 01-270 01-140 02-140 03-140 01-290 01-250 02-130 01-160 01-150 CITY OF DIAMOND BAR PROPOSITION A LOCAL RETURN FUND SCHEDULE OF EXPENDITURES - ACTUAL AND LACMTA APPROVED PROJECT BUDGET For the Fiscal Year Ended June 30, 1997 (With Comparative Actual Amounts for Fiscal Year Ended June 30, 1996) Description Transportation Planning Recreational Transit Recreational Transit (Ranch Festival) Holiday Ride Park & Ride Lot Expansion Transit Subsidy Senior/Disabled Dial -A -Cab Bus Stop Bench Program Construction of Bus Pads Total Expenditures (1) The expenditures incurred for these projects were lower than anticipated. (2) The true variance is calculated as follows: Total Expenditures $ 344,082 Variance (265,134) LACMTA 78,948 (Over) 1996 Buil $ 7,500 $ Actual 5,600 $ Under 1,900 $ Actual 5,432 52,000 20,791 31,209 (1) 20,379 4,000 2,275 1,725 (1) 2,984 20,000 542 19,458 (1) 2,602 70,000 0 70,000 0 72,000 344,082 (272,082) (2) 264,071 205,000 209,589 (4,589) 179,128 .3,500 0 3,500 0 50,000 50,000 0 0 $ 484,000 $ 632,879 $ (148,879) $ 474,596 (1) The expenditures incurred for these projects were lower than anticipated. (2) The true variance is calculated as follows: Total Expenditures $ 344,082 Less: Project Generated Revenue (265,134) PALRF Expenditures 78,948 Less: LACMTA Budget (72,000) True Variance Over/(Under) $ 6,948 13 CITY OF DIAMOND BAR PROPOSITION A LOCAL RETURN FUND SCHEDULE OF FIXED ASSETS June 30, 1997 Date Balance Balance Acquired Description 9-7/l/96 Additions Deletions None $ 0 $ $ $ 0 Totals $ 0 $ 0 $ 0 $ 0 14 P.14 Of I CITY OF DIAMOND BAR PROPOSITION A LOCAL RETURN FUND EXIT CONFERENCE June 30, 1997 An exit conference was held on March 4, 1998, at the City of Diamond Bar. Those in attendance were: Simpson & Simpson: Representative: Tong Zhan, Auditor City's Representative: Joann Gitmed, Senior Accountant Matters Discussed: Results of the audit disclosed no significant financial or compliance issues. 15 CITY OF DIAMOND BAR ANNUAL FINANCIAL REPORT OF THE PROPOSITION C LOCAL RETURN FUND FOR THE FISCAL YEARS ENDED JUNE 30, 1997AND 1996 1111��111 Lr CITY OF DIAMOND BAR ANNUAL FINANCIAL REPORT PROPOSITION C LOCAL RETURN FUND For the Fiscal Years Ended June 30, 1997 and 1996 TABLE OF CONTENTS R= FINANCIAL SECTION Independent Auditor's Report 4 Balance Sheet 6 Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual 7 Notes to Financial Statements S COMPLIANCE SECTION Independent Auditor's Report 11 NUPPL-EMENTAL INFORMATION Exhibit 1 - Schedule of Expenditures - Actual and LACMTA Approved Project Budget 14 Exhibit IA - Schedule of Fixed Assets 15 Exhibit 2 - Exit Conference 2 16 FINANCIAL SECTION son CERTIFIED PUBLIC ACCOUNTANTS `i SENIOR PARTNERS Brainard C. Simpson, CPA Carl P. Simpson, CPA Frederick A. Simpson, CPA December 12, 1997 To the Honorable Members of the City Council of the City of Diamond Bar, California and the Los Angeles County Metropolitan Transportation Authority 5750 WILSHIRE BOULEVARD, SUITE 288 LOS ANGELES, CALIFORNIA 90038 TELEPHONE (213) 938-3324 FAX (213) 930.06M We have audited the balance sheet df the Proposition C Local Return Fund of the City of Diamond Bar (City) as of June 30, 1997 and 1996, and the accompanying statement of revenues, expenditures, and changes in fund balance for the years then ended. These statements are the responsibility of the City's management. Our responsibility is to express an opinion on these statements based on our audits. We conducted our audits in accordance with generally accepted auditing standards. Those standards require that we plan and perform the audits to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audits provide a reasonable basis for our opinion. As more fully described in Note 2, the financial statements present only the Proposition C Local Return Fund and are not intended to present fairly the financial position and the results of the operations of the City's total funds in conformity with generally accepted accounting principles. In our opinion, the statements referred to in the opening paragraph present fairly, in all material respects, the financial position of the Proposition C Local Return Fund of the City as of June 30, 1997 and 1996, and the results of its operations and changes in the fund balance for the years then ended, in conformity with the Los Angeles County Metropolitan Transportation Authority (LACMTA), PWnOcition C Local Return PPogam Guidelines. The accompanying supplemental information listed in the foregoing table of contents is not necessary for a fair presentation of the financial statements referred to in the opening paragraph, but is presented as additional analytical data. The supplemental information has been subjected to the tests and other auditing procedures applied in the audits of the 4 VA5 The CPA. Never Underestimate The value' in�psvn S Pson financial statements and, in our opinion, is fairly stated in all material respects in relation to the financial statements taken as a whole. This report is intended solely for the information and use of the City and the Los Angeles County Metropolitan Transportation Authority (LACMTA) and it should not be used for any other purpose. This restriction is not intended to limit the distribution of this report which, upon acceptance by the City and LACMTA is a matter of public record. Los Angeles, California CITY OF DIAMOND BAR PROPOSITION C LOCAL RETURN FUND BALANCESHEET June 30 ASSETS Cash LACMTA Receivable Total Assets LIABILITIES AND FUND BALANCE Liabilities Liabilities Total Liabilities . It . K I Total Fund Balance Total Liabilities and Fund Balance $ 2,027,045 $ 1,417,748 A'1 AGA AA '7 f%C $ 2,070,499 $ 1,462,143 $ 0 $ 0 0 0 2,070,499 1,462,143 2,070,499 1,462,143 $ 2,070,499 $ 1,462,143 The notes are an integral part of these financial statements. G CITY OF DIAMOND BAR PROPOSITION C LOCAL RETURN FUND STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL For the Fiscal Year Ended June 30, 1997 (With Comparative Totals for the Fiscal Year Ended June 30, 1996) Revenues Proposition C (Note 4) Interest Income (Note 5) Total Revenues Expenditures Various Projects (Exhibit 1) Total Expenditures Excess (Deficit) of Revenues Over Expenditures Fund Balance at Beginning of Year Prior Period Adjustments (Note 6) Fund Balance at Beginning of Year, Restated Fund Balance at End of Year 1997 Variance Favorable (Un- 1996 Budge 1 Actual favorable) mal $ 510,800 $ 486,792 $ (24,008) $ 469,969 60,000 98,413 38,413 77,576 1,3 78,260 103,943 1,274,317 197,867 1,378,260 103,943 1,274,317 197,867 (807,460) 481,262 1,288,722 349,678 1,462,143 1,462,143 0 1,292,465 0 (180,000) $ 781,777 $ 2,070,499 $ 1,288,722 $ 1,462,143 The notes are an integral part of these financial statements. 7 CITY OF DIAMOND BAR PROPOSITION C LOCAL RETURN FUND NOTES TO FINANCIAL STATEMENTS For the Fiscal Years Ended June 30, 1997 and 1996 The operations of the Proposition C Local Return Fund (PCLRF) are accounted for in separate sets of self -balancing accounts that comprise its assets, liabilities, fund balance, revenue and expenditures. PCLRF accounts for the City's share of the 1/2% Proposition C Local Return allocations which are legally restricted for specific purposes. PCLRF is accounted for in a Special Revenue Fund, using the modified accrual basis of accounting whereby revenues are recognized when they become both measurable and available to finance expenditures of the current period and expenditures are generally recognized when the related fund liabilities are incurred. The budgeted amounts presented in this report for comparison to the actual amounts are presented in accordance with generally accepted accounting principles. The financial statements are intended to reflect the financial position, results of its operations and compliance with the Proposition C Local Return Program Guidelines, published by LACMTA for the Proposition C Local Return Fund only. In accordance with ft.position C Local Return Program Guidelines, funds received pursuant to these guidelines may only be used for Proposition C Local Return programs. Proposition C revenue is the following: 1422 12k Proposition C Local Return Fund $ 486,792 $ 469,969 These notes are an integral part of the preceding financial statements. 8 CITY OF DIAMOND BAR PROPOSITION C LOCAL RETURN FUND NOTES TO FINANCIAL STATEMENTS For the Fiscal Years Ended June 30, 1997 and 1996 (Continued) The PCLRF cash balance was pooled with various other City funds for deposit and investment purposes. The share of each fund in the pooled cash account was separately maintained and interest income was apportioned to the participating funds based on the relationship of their average monthly balances to the total of the pooled cash and investments. The prior period adjustments in the amounts of $127,094 and $180,000 represent the reclassification to Discretionary Fund which were not properly allocated to PCLRF in fiscal years 1996/97 and 1995/96, respectively. These notes are an integral part of the preceding financial statements. 9 COMPLIANCE SECTION 10 5zon l ,r son CERTIFIED PUBLIC ACCOUNTANTS 1 SENIOR PARTNERS Brainard C. Simpson, CPA Carl P. Simpson, CPA Frederick A Simpson, CPA December 12, 1997 To the Honorable Members of the City Council of the City of Diamond Bar, California and the Los Angeles County Metropolitan Transportation Authority 5750 WILSHIRE BOULEVARD, SURE 286 LOS ANGELES, CALIFORNIA 90036 TELEPHONE (213) 938324 FAX (213) 8300665 We have audited the balance sheet and statement of revenues, expenditures, and changes in fund balance of Proposition C Local Return Fund of the City of Diamond Bar (City) for the years ended June 30, 1997 and 1996, and have issued our report thereon dated December 12, 1997. Our audits were made in accordance with generally accepted auditing standards; the rules and regulations of the Los Angeles County Metropolitan Transportation Authority (LACMTA); the Proposition C Local Return Guidelines (revised 1995); and accordingly, included such tests of the accounting records and such other auditing procedures as we considered necessary under the circumstances. The management of the City is responsible for the City's compliance with the laws and regulations of LACMTA and the Proposition C Local Return Guidelines. The following projects were reviewed and tested: Pavement Management System Diamond Bar Boulevard Rehabilitation Traffic Signal Installation Brea Canyon Road Diamond Bar Blvd. Rehabilitation NC/SR Traffic Signal Construction - DBB/Quails Traffic Signal Installation - DBB/Montefino Traffic Signal Installation - DBB/Racquet Installation of 21 New Street Light on DBB Grand Avenue Traffic Signal Based on our audits, we found that, for the items tested, the City complied with the laws and regulations governing the projects listed above. Further, based on our audits, for the items not tested, nothing came to our attention to indicate that the City had not complied with the laws and regulations governing the projects. 11 CPA The CPA. Never Underestimate The Value- impsvn f llypsvn This report is intended solely for the use of the City and LACMTA and should not be used for any other purpose. This restriction is not intended to limit the distribution of this report which, upon acceptance by the City and LACMTA is a matter of public record. Los Angeles, California 12 SUPPLEMENTAL INFORMATION 13 14 CITY OF DIAMOND BAR PROPOSITION C LOCAL RETURN FUND SCHEDULE OF EXPENDITURES - ACTUAL AND LACMTA APPROVED PROJECT BUDGET For the Fiscal Year Ended June 30, 1997 (With Comparative Actual Amounts for Fiscal Year Ended June 30, 1996) Variance Project LACMTA (Over) 1996 Code Proiect Name Budeet goal Under Actual 01-440 Diamond Bar Boulevard Rehabilitation $ 0 $ 0 $ 0 $ 46,115 01-185 Grand Ave. Synchronization 0 0 0 142,070 01-470 Pavement Management System 10,000 0 10,000 0 01-440 Brea Canyon Road 450,000 2,757 447,243 0 01-185 Traffic Signal Installation 0 0 0 9,682 01-460 Traffic Signal Installation Goldrush, Calbrn, Palamino 375,000 35,439 339,561 (1) 0 01-440 Diamond Bar Blvd. Rehab- ilitation - SR60/Northerly City Limit 75,000 5,747 69,253 +) O1-460 Traffic Signal Construction - DBB/Quails 120,000 0 120,000 02-460 Traffic Signal Construction - DBB/Montefino 130,000 0 130,000 01-460 Traffic Signal Installation - DBB/Racquet 130,000 0 130,000 01-450 Installation of 21 New Street Lights on DBB 28,260 0 28,260 02-440 Diamond Bar Blvd. Rehab- ilitation - CA/SR 60,000 60,000 0 +) Total Expenditures $ 1,378,260 $ 103,943 $ 1,274,317 $ 197,867 '(1) The City has not transferred the Proposition C Funds to the CIP Funds as of June 30, 1997. 14 CITY OF DIAMOND BAR PROPOSITION C LOCAL RETURN FUND SCHEDULE OF FIXED ASSETS June 30, 1997 Date Balance Balance Acquired Description 7/1/96 Additions Deletions 6/30/97 None $ 0 $ $ $ 0 Totals $ 0 $ 0 $ 0 $ 0 15 EXHIBIT 2 CITY OF DIAMOND BAR PROPOSITION C LOCAL RETURN FUND EXIT CONFERENCE June 30, 1997 An exit conference was held on March 4, 1998, at the City of Diamond Bar. Those in attendance were: Simpson & Simpson Representative: Ton; Zhan, Auditor City's Representative: Joann Gitmed, Senior Accountant Matters Discussed: Results of the audit disclosed no significant financial or compliance issues. 16 CITY OF DIAMOND BAR ANNUAL FINANCIAL REPORT OF THE TRANSPOR TA TION DE VEL OPMENT ACT FUND FOR THE FISCAL YEARS ENDED JUNE 30, 1997 AND 1996 1I 011 �' _� L IIfJ��11 CITY OF DIAMOND BAR ANNUAL FINANCIAL REPORT TRANSPORTATION DEVELOPMENT ACT FUND For the Fiscal Years Ended June 30, 1997 and 1996 TABLE OF CONTENTS FINANCIAL SECTION Independent Auditor's Report 4 Balance Sheet - Section 99234 6 Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual 7 Notes to Financial Statements SUPPLEMENTAL INFORMATION Schedule of Transportation Development Act Allocation for Specific Projects 1 l Schedule of Completed Projects 12 COMPLIANCE SECTION Report on Transportation Development Act Compliance 14 Schedule of Finding(s) 15 Exit Conference 2 E FINANCIAL SECTION irr� son -� S',nywn CER77FIED PUBLIC ACCOUNTANTS � SENIOR PARTNERS Brainard C. Simpson, CPA Cut P. Simpson. CPA Frederick A Simpson, CPA December 12, 1997 To the Honorable Members of the City Council of the City of Diamond Bar, California and the Los Angeles County Metropolitan Transportation Authority 5750 WILSHIRE BOULEVARD, SUITE 266 LOS ANGELES, CALIFORNIA 90036 TELEPHONE (213)93&332/ FAX (213) 900-0665 We have audited the balance sheet of the Transportation Development Act Fund of the City of Diamond Bar (City) as of June 30, 1997 and 1996, and the related statement of revenues, expenditures, and changes in fund balance for the years then ended. These statements are the responsibility of the City's management. Our responsibility is to express an opinion on these statements based on our audits. We conducted our audits in accordance with generally accepted auditing standards. Those standards require that we plan and perform the audits to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audits provide a reasonable basis for our opinion. As , more fully described in Note 2, the financial statements present only the Transportation Development Act Fund and are not intended to present fairly the financial position and the results of the operations of the City's total funds in conformity with generally accepted accounting principles. In our opinion, the financial statements referred to in the opening paragraph present fairly, in all material respects, the financial position of the Transportation Development Act Fund of the City as of June 30, 1997 and 1996, and the results of its operations and changes in the fund balance for the years then ended in conformity with generally accepted accounting principles. The accompanying supplemental information listed in the foregoing table of contents is not necessary for a fair presentation of the financial statements referred to in the opening paragraph, but is presented as additional analytical data. The supplemental information has been subjected to the tests and other auditing procedures applied in the audits of the 4 CPA The CPA. Never Underestimate The Value." TPIOn S 1- 7svn financial statements and, in our opinion, is fairly stated in all material respects in relation to the financial statements taken as a whole. This report is intended solely for the information and use of the City and the Los Angeles County Metropolitan Transportation Authority (LACMTA) and it should not be used for any other purpose. This restriction is not intended to limit the distribution of this report which, upon acceptance by the City and LACMTA is a matter of public record. Los Angeles, California CITY OF DIAMOND BAR TRANSPORTATION DEVELOPMENT ACT FUND BALANCESHEET Pertaining to Section 99234 of the Public Utilities Code June 30 ASSETS Cash (Note 3) Total Assets LIABILITIES AND FUND BALANCE Liabilities Due to LACMTA (Note 6) Total Liabilities Fund Balance Restricted - Local Total Fund Balance Total Liabilities and Fund Balance $ 27,682 $ 26,264 $ 27,682 $ 26,264 $ 16,308 $ 16,308 1 L '] A0 i -- , n o 11,374 9,956 11,374 9,956 $ 27,682 $ 26,264 The notes are an integral part of these financial statements. D CITY OF DIAMOND BAR TRANSPORTATION DEVELOPMENT ACT FUND STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL For the Fiscal Year Ended June 30, 1997 (With Comparative Totals for the Fiscal Year Ended June 30, 1996) 1997 The notes are an integral part of these financial statements. 7 Variance Favorable (Un- 1996 Budget Actual favorable) Actual Revenues Intergovernmental Allocations: Article 3 $ 0 $ 0 $ 0 $ 0 Miscellaneous: Interest 500 1,418 918 7.-55 Total Revenues 500 1,418 918 Expenditures Construction 0 0 0 12 3. t�� x> Total Expenditures 0 0 0 1 _ 3.0')01 Excess (Deficit) of Revenues Over Expenditures 500 1,418 918 (1 Other Financing Uses Excess Regional Funds to be Returned to LACMTA (Note 6) 0 0 0 (16, + , ► Excess (Deficit) of Revenues Over Expenditures and Other Financing Uses 500 1,418 918 113 2.241) ► Fund Balance at Beginning of Year 9,956 9,956 0 142,205 Fund Balance at End of Year $ 10,456 $ 11,374 $ 918 S 9,956 The notes are an integral part of these financial statements. 7 CITY OF DIAMOND BAR TRANSPORTATION DEVELOPMENT ACT FUND NOTES TO FINANCIAL STATEMENTS For the Fiscal Years Ended June 30, 1997 and 1996 Section 99234 Funds of the Transportation Development Act are pooled with other City monies in the Special Revenue Fund. The Special Revenue Fund accounts for the City's share of the Transportation Development Act allocations which are legally restricted for specific purposes. The Special Revenue Fund is accounted for by using the modified accrual basis of accounting whereby revenues are recognized when they become both measurable and available to finance expenditures of the current period and expenditures are generally recognized when the related fund liabilities are incurred. The budgeted amounts presented in this report for comparison to the actual amounts are presented in accordance with generally accepted accounting principles. Comparative total data for the prior year are presented in the accompanying financial statements in order to provide an understanding of the changes in the Transportation Development Act Fund's financial position and its operations. The financial statements are intended to reflect the financial position, results of its operations and compliance with the Transportation Development Act for the Transportation Development Act Fund only. W111 I WIMMN-J.- W.30 1 O Cash is pooled with other City's funds to maximize investment opportunities and yields. Investment income resulting from this pooling is allocated to the respective funds These notes are an integral part of the preceding financial statements. R CITY OF DIAMOND BAR TRANSPORTATION DEVELOPMENT ACT FUND NOTES TO FINANCIAL STATEMENTS For the Fiscal Years Ended June 30, 1997 and 1996 (Continued) including the Transportation Development Act Fund, based upon their average monthly cash balances. In accordance with Section 99234, Article 3 of the Public Utilities Code, funds received pursuant to this code's section may only be used for facilities provided for the exclusive use by pedestrians and bicycles. In accordance with TDA Article 3 (SB821) Guidelines, funds which will not be spent during the fiscal year have been placed on reserve in the reserve Local Transportation Fund (LTF) account with the County Auditor -Controller to be drawn down whenever the funds become eligible for a specific project and an approved draw down request is received by LACMTA. As of June 30, 1997, the City has funds of $43,362 on reserve as follows: 1995/96 Reserve $ 20,417 1996/97 Reserve 22,945 Available Reserve Balance @ 6/30/97 $ 43,362 However, $11,374 of TDA Article 3 funds that remained on hand with the City is in noncompliance with TDA Article 3 (SB821) Guidelines. In accordance with TDA Article 3 (SB821) Guidelines, all excess regional funds, including accumulated interest earned on the excess funds, from completed projects must be returned to LACMTA. As of June 30, 1997, the unexpended regional allocations in the amount of $16,308 from the completed Sidewalk/Bikeway project were recorded as due to LACMTA, These notes are an integral part of the preceding financial statements. 9 SUPPLEMENTAL INFORMATION 10 CITY OF DIAMOND BAR TRANSPORTATION DEVELOPMENT ACT FUND SCHEDULE OF TRANSPORTATION DEVELOPMENT ACT ALLOCATION FOR SPECIFIC PROJECTS For the Fiscal Year Ended June 30, 1997 Excess Regional Funds to be Returned to LACMTA (Note 6) Unexpended Interest Accumulated to Date Fund Balance @ 6/30/97 Program Y -t 1991-92 $ * See Schedule of Finding(s). 98,000 $ Totals to Date 81,692 $ 0 Unexpended Project Allocations Status 16,308 Closed $ 98,000 $ 81,692 16,308 11 (16,308) $ 11,374 * CITY OF DIAMOND BAR TRANSPORTATION DEVELOPMENT ACT FUND SCHEDULE OF COMPLETED PROJECTS For the Fiscal Year Ended June 30, 1997 Prgject Description None Interest Applied Totals 12 Totals Allocations 0 •' " 0 0 0 $ 0 $ 0 COMPLIANCE SECTION 13 � 7,on r//��/J�/�/ /� 5750 WILSHIRE BOULEVARD, SUITE 286 CERTIFIED PUBLIC ACCOUNTANTS n/ •J�J ___ _---__ ^—_ _ LOS ANGELES, CALIFORNIA 90036 TELEPHONE (213) 936-=4 FAX (213) 91340665 SENIOR PARTNERS Brainard C. SWVwz , CPA Cali P. Simpson, CPA Frederick A Simpson, CPA REPORT ON TRANSPORTATION DE VEL OPMENT ACT COMPLIANCE December 12, 1997 To the Honorable Members of the City Council of the City of Diamond Bar, California and the Los Angeles County Metropolitan Transportation Authority We have audited the balance sheet and statement of revenues, expenditures, and changes in fund balance of the Transportation Development Act Fund of the City of Diamond Bar (City) for the years ended June 30, 1997 and 1996, and have issued our report thereon dated December 12, 1997. Our audits were made in accordance with generally accepted auditing standards and were further . made to determine compliance with the Transportation Development Act (TDA); including Section 99234; the rules and regulations of the Los Angeles County Metropolitan Transportation Authority (LACMTA); the 16 tasks contained in the "Guidelines on Auditing for Conforman .P," published by LACMTA; and accordingly, included such tests of the accounting records and such other auditing procedures as we considered necessary in the circumstances. Among the items considered were determination of eligibility of the City to receive funds allocated to it, and propriety of expenditures in accordance with TDA ' and LACMTA regulations. In our opinion, our evaluation of compliance factors disclosed that the funds allocated to the City under TDA were accounted for and expended in conformance with TDA and LACMTA rules and regulations, except as explained in the Schedule of Finding(s) on the following page. This report is intended solely for the use of the City and LACMTA and should not be used for any other purpose. This restriction is not intended to limit the distribution of this report which, upon acceptance by the City and LACMTA is a matter of public record. Los Angeles, California 14 C PA _ The CPA. Never Underestimate The Value' CITY OF DIAMOND BAR TRANSPORTATION DEVELOPMENT ACT FUND SCHEDULE OF FINDING(S) For the Year Ended June 30, 1997 No. Noncompliance City Management Comments I. According to the Public Utilities Code The City of Diamond Bar was unaware that (PUC), Section 99234 and LACMTA all funds including interest earned must be Guidelines, a jurisdiction may draw down used during the fiscal year. The City has only the funds estimated to be used during budgeted to use the remaining $11,374 the fiscal year for specific bicycle and during fiscal year 1997/98. pedestrian projects. Remaining funds must be placed on reserve in the reserve The City will be sure to comply with the TDA Article 3 account with the County use of TDA Article 3 Funds and interest in Auditor -Controller and may be transferred the future. to the jurisdictions whenever they become eligible and an approved draw -down request is received at LACMTA. As of June 30, 1997, we noted that the City had excess funds of accumulated interest earned in the amount of $11,374. We recommended that the jurisdiction comply with the PUC Section 99234 which requires the return of any unexpended funds to LACMTA to be placed in the reserve Local Transportation Fund (LTF) account with the County Auditor -Controller. 15 CITY OF DIAMOND BAR TRANSPORTATION DEVELOPMENT ACT FUND EXIT CONFERENCE June 30, 1997 An exit conference was held on January 12, 1998, at the City of Diamond Bar. Those in attendance were: Simpson & Simpson Representative: Tong Zhan, Auditor City's Representative: Joann Gitmed, Senior Accountant Matters Discussed: Results of the audit disclosed a noncompliance issue related to the Public Utilities Code (PUC), Section 99234 and LACMTA guidelines. The management of the City concurred with our finding but disagreed with our recommendation that the unexpended funds be returned to LACMTA to be placed on reserve. The disagreement is due to the City's intention of expending the funds in fiscal year 1997/98. H CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Terrence L. Belanger, City Manager MEETING DATE: May 5, 1998 REPORT DATE: April 27, 1998 FROM: Joann M. Gitmed, Senior Accountant TITLE: Proposition A Local Return Fund, Proposition C Local Return Fund and Transportation Development Act Audits for the fiscal years ended June 30, 1997 and 1996. SUMMARY: The City of Diamond Bar's Proposition A Local Return (Prop A), Proposition C Local Return (Prop C) and Transportation Development Act Funds (TDA) are required to be audited on an annual basis. The audit for fiscal year ended June 30, 1997 was completed in December 1997 by Simpson & Simpson, C.P.A. The final version of the audits were received in the City offices in April 1998 and are being presented to Council for their review. RECOMMENDATION: Receive, accept and file Proposition A Local Return Fund, Proposition C Local Return Fund and Transportation Development Act Fund Audit Reports for fiscal year ending June 30, 1997 and 1996. LIST OF ATTACHMENTS: —Staff Report _ Resolution(s) _ Ordinances(s) Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: _ Public Hearing Notification Bid Specification (on file in City Clerk's Office) XX Other (Coes of Respective Audits) 1. Has the resolution, ordinance or agreement been reviewed _ Yes XX No by the City Attorney? 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? _ Yes XX No 4. Has the report been reviewed by a Commission? _ Yes XX No Which Commission? 5. Are other departments affected by the report? _ Yes XX No Report discussed with the following affected departments: REVIEWED BY: Terrerice L. Belar Linda G. Mag u on City Manager 1p Assistant Finance Director CITY OF DIAMOND BAR AGENDA REPORT AGENDA N0. (% TO: Honorable Mayor and Members of the City Council MEETING DATE: May 5,1998 REPORT DATE: April 28,1998 From: Terrence L. Belanger, City Manager TITLE: A Resolution of the City Council of the City of Diamond Bar Approving Plans and Specifications for the Traffic Signals Construction on Diamond Bar Boulevard at Montefino Avenue and Quail Summit Drive and Authorizing and Directing the City Clerk to Advertise to Receive Bids. SUMMARY: The intersections on Diamond Bar Boulevard at Montefino Avenue and Quail Summit Drive have been identified for traffic signals. Plans and specifications for the project have been prepared and are ready for City Council approval. RECOMMENDATION: It is recommended that the City Council adopt the attached Resolution to approve the plans and specifications for the Traffic Signals Construction on Diamond Bar Boulevard at Montefino Avenue and Quail Summit Drive and authorize the City Clerk to advertise the project for bids. LIST OF ATTACHMENTS: .X Staff Report _ Public Hearing Notification I Resolution X Bid Specifications («n ae in cdy cwcs orre) _ Ordinances(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 or 4/5 vote? Majority. 3. Has environmental impact been assessed? NIA —Yes I No 4. Has the report been reviewed by a Commission? NIA —Yes —No Which Commission? 5. Are other departments affected by the report? N/A —Yes I No Report discussed with the following affected departments: REVIEWED BY: lli6�n Terrence L. Belan e City Manager C:\W %OU INDAKAY\AGEN-97\DBMao[efmo.SIG awd G. Liu, P. E. Deputy Director of Public Works CITY COUNCIL REPORT AGENDA NO. MEETING DATE: May 5, 1998 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Traffic Signals Construction on Diamond Bar Boulevard at Montefino Avenue and Quail Summit Drive ISSUE STATEMENT To construct traffic signals on Diamond Bar Boulevard at Montefino Avenue and Quail Summit Drive. RECOMMENDATION: It is recommended that the City Council adopt the attached Resolution to approve the plans and specifications for the Traffic Signals Construction on Diamond Bar Boulevard at Montefino Avenue and Quail Summit Drive and authorize the City Clerk to advertise the project for bids. FINANCIAL SUMMARY: The engineer's estimate for said project is $250,000. The total allocated project budget is $250,000 of Proposition C Fund. BACKGROUND/DISCUSSION: In order to maintain the ability to effectively accommodate the existing and future traffic circulation of Diamond Bar Boulevard, the City has identified and conducted warrant study for the construction of traffic signal improvements at the intersections of Diamond Bar Boulevard at Montefino Avenue and Quail Summit Drive. Plans and specifications for the project have been prepared. Key aspects of requirements placed upon the contractor includes: * Plan and schedule to be submitted at least fourteen (14) calendar days before start of work. * Traffic control plans. * Notification to utility owners and other public agencies. * Completion of all work within ninety (90) calendar days. * Liquidated damages of $500/day for non-performance. Traffic Signals Construction on Diamond Bar Boulevard at Montefino Avenue and Quail Summit Drive May 5, 1998 Page Two All customary insurance and bonds have been included. Staff has prepared a tentative schedule for the various project activities. They are as follows: Plans and specifications to City Council May 5, 1998 for approval and authorize City Clerk to advertise for bids Bid Opening May 26, 1998 Award of Contract June 16, 1998 Notice to Proceed/Procure June 29, 1998 Start of Construction July 6, 1998 Completion of Construction October 6, 1998 Prepared By: C:\VIP6OUZ4DAYAY\CCR-98\dbMantem.sig RESOLUTION NO. _ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR THE TRAFFIC SIGNALS INSTALLATION ON DIAMOND BAR BOULEVARD AT MONTEFINO AVENUE AND QUAII. SUMMIT DRIVE IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS WHEREAS, it is the intention of the City of Diamond Bar to construct certain improvements in the City of Diamond Bar. WHEREAS, the City of Diamond Bar has prepared plans and specifications for the construction of certain improvements. NOW, THEREFORE, BE IT RESOLVED that the plans and specifications presented to the City of Diamond Bar be and are hereby approved as the specifications for the Traffic Signals Installation on Diamond Bar Boulevard at Montefino Avenue and Quail Summit Drive. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise as required by law for the receipt of sealed bids or proposals for doing of the work specified in the aforesaid plans and specifications, which said advertisement shall be substantially in the following words and figures, to wit: ► 1►►L i► 03:3 1Omega g C e ' • Pursuant to a Resolution of the City Council of the City of Diamond Bar, Los Angeles County, California, directing this notice, NOTICE IS HEREBY GIVEN that the said City of Diamond Bar will receive at the office of the City Clerk in the City Hall of Diamond Bar, on or before 1 the hour of 10:00 o'clock a.m. on the 2¢th day of May, 1998 sealed bids or proposals for the Traffic Signals Installation Project in the City of Diamond Bar. Bids will be opened and publicly read immediately in the office of the City Clerk, Suite 100, 21660 E. Copley Drive, Diamond Bar, California 91765-4177. Bids must be made on a form provided for the purpose, addressed to the City of Diamond Bar, California, marked, "Bid for the Traffic Signals Installation on Diamond Bar Boulevard at Montefino Avenue and Quail Summit Drive." PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per them wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per them 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 rates of per them 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. The Contracting Agency also shall cause a copy of such determinations to be posted at the job site. The Contractor shall forfeit, as penalty to the City of Diamond Bar, not more than twenty-five dollars ($25.00) 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. In accordance with the provisions of Section 1777.5 of the Labor Code as amended by Chapter 971, Statutes 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 and 1777.6 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 to 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: A. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of fifteen percent (15%) in the ninety (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 1/30 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 less than one apprentice to eight journeymen. The Contractor is required to make contributions 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 relative 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. 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 employ with and be governed by the laws of the State of California having to do with working hours as 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 the City of Diamond Bar, 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. 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. The bidder must submit with his proposal cash, cashier's check, certified check, or bidder's bond, payable to the City of Diamond Bar for an amount equal to at least ten percent (10%) of the amount of said bid as a guarantee that the bidder will enter into the proposed Contract if the same is awarded to him, and in the event of failure to enter into such Contract said cash, cashier's check, certified check, or bond shall become the property of the City of Diamond Bar. If the City of Diamond Bar awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the City of Diamond Bar to the difference between the low bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder. The amount of the bond to be given to secure a faithful performance of the contract for said work shall be one hundred percent (100%) of the contract price thereof, and a labor and material bond in an amount equal to one hundred percent (100%) of the contract price for said work shall be given to secure the payment of claims for any materials or supplies furnished for the performance of the work contracted to be done by the Contractor, or any work or labor of any kind done thereon, and the Contractor will also be required to furnish a certificate that he carries compensation insurance covering his employees upon work to be done under contract which may be entered into between him and the said City of Diamond Bar for the construction of said work. No proposal will be considered from a Contractor who is not licensed as a contractor at time of award in accordance with the provisions of the Contractor's License Law (California Business and Professions Code, Section 7000 et seq.) and rules and regulations adopted pursuant thereto or to whom a proposal form has not been issued by the City of Diamond Bar. The work is to be done in accordance with the profiles, plans, and specifications of the City of Diamond Bar on file in the office of the City Clerk at the City Hall, Diamond Bar, California. Copies of the plans and specifications will be furnished upon application to the City of Diamond Bar and payment of $30.00, said $30.00 is non-refundable. Upon written request by the bidder, copies of the plans and specifications will be mailed when said request is accompanied by payment stipulated above, together with an additional nonreimbursable payment of $10.00 to cover the cost of mailing charges and overhead. The successful bidder will be required to enter into a contract satisfactory to the City of Diamond Bar. In accordance with the requirements of Section 903 of the General Provisions, as set forth in the Plans and Specifications regarding the work contracted to be done by the Contractor, the Contractor may, upon the Contractor's request and at the Contractor's sole cost and expense, substitute authorized securities in lieu of monies withheld (performance retention). The City of Diamond Bar, California, reserves the right to reject any and all bids. By order of the City Council of the City of Diamond Bar, California. Dated this day of , 1998. PASSED, ADOPTED and APPROVED by the City Council of the City of Diamond Bar, California, this day of , 1998. Mayor ATTEST: City Clerk I, Lynda Burgess, City Clerk of the City of Diamond Bar, California, do hereby certify that the foregoing Resolution was duly and regularly passed and adopted by the Council of the City of Diamond Bar, California, at its regular meeting held on the day of 1998, by the following vote, to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: City Clerk, City of Diamond Bar, California C:\WP60EMAKAY\RESO-99\DBMonte6no.SIG 5 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. _ TO: Terrence L. Belanger, City Manager MEETING DATE: May 5,1998 REPORT DATE: April 28,1998 FROM: Bob Rose, Community Services Director TITLE: Resolution No. 98 -XX Approving Plans and Specifications for City -Wide Landscape Maintenance and Authorizing and Directing the City Clerk to Advertise to Receive Bids. SUMMARY: The City of Diamond Bar currently has four landscape maintenance contracts to provide services needed throughout the City. It is recommended in the Parks Master Plan that these four contracts be consolidated into a single City -Wide Landscape Maintenance contract, which should result in a cost savings to the City due to economy of scale. RECOMMENDED ACTION: Staff recommends that the City Council adopt Resolution No. 98 -XX approving the plans and specifications for City -Wide Landscape Maintenance and Authorizing and Directing the City Clerk to Advertise to Receive Bids. LIST OF ATTACHMENTS: X Staff Report X Resolutions) _ Ordinance(s) _ Agreement(s) _ Public Hearing Notification X Plans & Specifications (on fie in City Clerk's office) _ Other: EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? X Yes _ No 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 What Commission? 5. Are other departments affected by the report? _ Yes X No Report discussed with the following affected departments: n/a REVIEWED BY: IN I Lv_'� �� Terrence L. Belange City Manager James DeStefano Deputy City Manag r Bob Rose Community Services Director CITY COUNCIL REPORT MEETING DATE: May 5,1998 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Resolution No. 98 -XX Approving Plans and Specifications for City -Wide Landscape Maintenance and Authorizing and Directing the City Clerk to Advertise to Receive Bids Issue Statement The City currently has four landscape maintenance contracts. Itis recommended in the Parks Master Plan to consolidate the flour contracts into a single City -Wide landscape maintenance contract, which should result in a cost savings to the City. Recommendation It is recommended that the City Council adopt Resolution No. 98 -XX approving the plans and specifications for City -Wide Landscape Maintenance and Authorizing and Directing the City Clerk to Advertise to Receive Bids. Financial Summary There is limited expense for staff time, copying and advertising costs related to the release of this bid. Should the bids submitted in this process come in too high, the City Council is under no obligation to award a contract. The existing four contracts each contain a provision to extend the contract for another year with only a cost -of - living increase. Background The City of Diamond Bar currently has four contracts to provide for the maintenance of landscaped areas throughout the City. The current contracts include L.L.M.D. #38, L.L.M.D. #39, L.L.M.D. #41 and the City's Parks. There are currently three different landscape maintenance companies performing the work for the four contracts. Staff proposes to consolidate the four contracts into a single set of specifications to obtain a single landscape maintenance company to perform landscape maintenance services City -Wide. This action is recommended in the Parks Master Plan, which was adopted by the City Council in March,1998. The analysis provided in the Parks Master Plan indicates that there should be a cost savings to the City when a single landscape maintenance contractor is performing this work city-wide because of economy of scale. Staff believes that service levels will be improved because specialists, such as irrigation specialists, will be assigned specifically to Diamond Bar, and will work in the City five days per week, due to the work load of a city-wide contract. Currently, specialists for each of the four contracts are only in town one or two days per week. Discussion The City -Wide Landscape Maintenance specifications include L.L.M.D. #38, L.L.M.D. #39, L.L.M.D. #41 and City Parks. Pantera Park is included in the City Parks bid, however, will not be maintained under these City Council Report Community Services Dept. City -Wide Annual Landscape Maintenance Meeting Date: May 5,1998 Page 2 specifications until the park is open to the public at the end of July, 1998. It is intended that the remainder of the work included in the specifications will begin July 1, 1998, utilizing a single landscape maintenance company. Prepared by: Bob Rose Community Services Director RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR THE CITY-WIDE LANDSCAPE MAINTENANCE IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. WHEREAS, it is the intention of the City of Diamond Bar to maintain certain improvements in the City of Diamond Bar. WHEREAS, the City of Diamond Bar has prepared plans and specifications for the maintenance of certain improvements. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the plans and specifications presented to the City of Diamond Bar be and are hereby approved as the plans and specifications for the City -Wide Landscape Maintenance. SECTION 2. That the City Clerk is hereby authorized and directed to advertise as required by law for the receipt of sealed bids or proposals for doing of the work specified in the aforesaid plans and specifications, which said advertisement shall be substantially in the following words and figures, to wit: "NOTICE INVITING SEALED BIDS OR PROPOSALS" Pursuant to a Resolution of the City Council of the City of Diamond Bar, Los Angeles County, California, directing this notice, NOTICE IS HEREBY GIVEN that the said City of Diamond Bar will receive at the office of the City Clerk in the City Hall of Diamond Bar, on or before the hour of 10:OOa.m. on Thursday, June 4, 1998 sealed bids or proposals for the City -Wide Landscape Maintenance in said City. Bids will be opened and publicly read immediately in the office of the City Clerk, Suite 100, 21660 E. Copley Drive, Diamond Bar, California. Bids must be made on a form provided for the purpose, addressed to the City of Diamond Bar, California, marked, "Bid for City -Wide Landscape Maintenance in the City of Diamond Bar". PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 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 the 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 City of Diamond Bar Page 1 City -Wide Landscape Maintenance Director of the Department of Industrial Relations of the State of California is required to and has determined such general 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. The Contracting Agency 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 the City of Diamond Bar, not more than fifty ($50.00) 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. In accordance with the provisions of Section 1777.5 of the Labor Code as amended by chapter 971, Statutes 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 and 1777.6 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 to 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: 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 1/30 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 less than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the City of Diamond Bar Page 2 City -Wide Landscape Maintenance 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 relative to apprenticeship standard, 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. 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 as 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 the City of Diamond Bar, twenty-five ($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. 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. The bidder must submit with his proposal cash, cashier's check, certified check, or bidder's bond, payable to the City of Diamond Bar for an amount equal to at least 10 percent (10%) of the amount of said bid as a guarantee that the bidder will enter into the proposed contract if the same is awarded to him, and in event of failure to enter into such, contract said cash, cashier's check, or certified check, or bond shall become the property of the City of Diamond Bar. If the City of Diamond Bar awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the City of Diamond Bar to the difference between the low bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder. The amount of the bond to be given to secure a faithful performance of the contract for said work shall be one hundred percent (100%) of the contract price thereof, and an additional bond in an amount equal to one hundred percent (100%) of the contract price for said work shall be given to secure the payment of claims for any materials or supplies City of Diamond Bar Page 3 City -Wide Landscape Maintenance CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. l-0-1 L� TO: Terrence L. Belanger, City Manager MEETING DATE: May 5,1998 REPORT DATE: April 29,1998 FROM: Lynda Burgess, City Clerk TITLE: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING RESOLUTION NO. 89-613 PERTAINING TO PUBLIC PLACES FOR POSTING OF CITY ORDINANCES AND PUBLIC NOTICES SUMMARY: By adoption of Resolution 89-5 on April 18, 1989, the City Council specified that all Ordinances, Resolutions and notices (including meeting agendas) required by law to be published or posted would be posted in at least three public places within the City of Diamond Bar. On July 7, 1992, the City Council adopted Resolution No. 89-613 establishing the Diamond Bar Branch Library as one of the three posting locations. Due to refurbishment of the Library's facilities beginning May 1, 1998, it is necessary to establish a temporary alternate posting location for at least three months. RECOMMENDATION: It is recommended that the City Council adopt Resolution No. 89-6C amending Resolution No. 89-613 pertaining to public places for posting of City Ordinances and Public Notices. LIST OF ATTACHMENTS: 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 _ Yes _2L No reviewed 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 5. Which Commission? Are other departments affected by the report? X Yes _ No Report discussed with the following affected departments: Administration, Community Development, Community Services, Finance, Public Works REVIEWED BY: i Terrence L. Belanger City Manager DEPARTMENT HEAU: 4LynBurgess City Clerk RESOLUTION NO. 89 -SC A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING RESOLUTION NO. 89 -SB PERTAINING TO PUBLIC PLACES FOR POSTING OF CITY ORDINANCES AND PUBLIC NOTICES Recitals. (i) Pursuant to Resolution 89-613, the city Council established public places within the City limits for the posting of ordinances and notices as required by law. (ii) The Los Angeles County Branch Library, one of the three public places designated by the City Council for posting of ordinances and notices, will be closed for a twelve -week period beginning May 1, 1998 and will be unavailable for use as a public place for required posting. (iii) The City Council desires to establish an alternative location for posting of ordinances and notices. (iv) All legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby find, determine and resolve as follows: In all respects as set forth in the Recitals of this Resolution. 2. The Diamond Bar Chamber of Commerce located at 21450 Golden Springs Dr., Suite 14, is hereby designated as an alternative location for the posting of public notices and ordinances as required by law during such time as the Los Angeles County Branch Library, located at 1061 S. Grand Avenue, is unavailable for such posting. 3. Upon the Branch Library being again available for posting, the City Clerk shall thereafter resume posting items required by law at the Branch Library. 4. The City Clerk shall certify to the adoption of this Resolution. PASSED, ADOPTED and APPROVED this 5th day of May, 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 19_, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ATTEST: City Clerk of the City of Diamond Bar CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Honorable Mayor and Members of the City Council MEETING DATE: May 5, 1998 REPORT DATE: April 27, 1998 FROM: Terrence L. Belanger, City Manager TITLE: DIAMOND RIDE BUDGET INCREASE AND CONTRACT AMENDMENT FOR DIVERSIFIED PARATRANSIT SUMMARY: In June 1997, the City Council authorized the extension of the Diamond Ride contract with Diversified Paratransit for the amount of $240,000, or an average of $20,000 per month for Fiscal Year 1997-98. Currently, the Diamond Ride program is averaging $20,744 per month, using 9 months of data. The monthly increase in expenditures is due to the increase in the number of trips per month and the increase in out of town trips. In addition to the $12,000 requested for contract services with Diversified Paratransit, Inc., it is requested that $10,000 be allocated to personnel services and $1,000 to service and supplies. RECOMMENDATION: It is recommended that the City Council approve a contract amendment with Diversified Paratransit for $12,000 and an increase in the Diamond Ride budget of $23,000. EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed N/A — Yes —No by the City Attorney? 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? N/A _ Yes —No 4. Has the report been reviewed by a Commission? _ Yes X No Which Commission? 5. Are other departments affected by the report? _ Yes X No Report discussed with the following affected departments: REVIEWED BY: KH Terrence L. Belau City Manager Kellee A. Fritzal Assistant to the City Manager CITY COUNCIL REPORT AGENDA NO. MEETING DATE: May 5, 1998 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: DIAMOND RIDE BUDGET INCREASE AND CONTRACT AMENDMENT FOR DIVERSIFIED PARATRANSIT ISSUE STATEMENT Should the City Council approve an increase in the Diamond Ride budget and a contract amendment with Diversified Paratransit? RECOMMENDATION: It is recommended that the City Council approve a contract amendment with Diversified Paratransit for $12,000 and an increase in the Diamond Ride budget of $23,000. FINANCIAL SUMMARY: The budget increase would be funded through Proposition A - Transit Fee unallocated reserves. BACKGROUND/DISCUSSION: The City created the Diamond Ride service to provide a reliable, usable transportation system for the elderly (60 years and older) and physically challenged Diamond Bar residents. The Diamond Ride program began service in mid-April 1995. The Diamond Ride system operates 7 days, 24 hours a day within approximately a 5 mile radius (Imperial Highway, Central Avenue, Arrow Highway and Hacienda Boulevard) and 29 designated facilities (hospitals, medical offices). Diversified Paratransit, Inc. was awarded a one year contract with four (4) one year extensions to conduct an exclusive Diamond Ride system. Currently, the City has awarded two (2) one year extensions. The current contract is valid through June 30, 1998. The entire Diamond Ride budget was encumbered for Diversified Paratransit. Additional funding is required for the administration expenditures, personnel and supplies (brochures). It is estimated that $10,000 is required for personnel expenditures for the current year and $1,000 required to print brochures and maps. The 1997-98 contract budget is $240,000; which represents $20,000 per month. Currently, the Diamond Ride program is averaging $20,744 per month, using 9 months of data. Below is a general comparison within the same 9 month time frame: Category July 96 to March 97 Net cost per month $16,535 Passengers per month 1,541 Trips per month 1,293 Shared rides per month 334 Senior trips per month 1,022 Handicap trips per month 421 Trips within the City 703 Trips outside the City 838 Average miles per trip 7.01 Average cost per trip $11.63 Net cost per passenger $9.76 New cost in town $5.31 Net cost out of town $16.71 July 97 to March 98 $20,744 1,740 1,474 460 1,191 437 794 947 7.46 $12.82 $10.85 $6.52 $17.83 Attached is a matrix showing the Diamond Ride status report from January 1996 to March 1998. The City has issued a total of6$ 6 Diamond Ride Identification Cards. 3 OJW0Wavv-4 v ��VVVpt0 I. gR , o O rl N s s pp 8 O A f�T Uri C�)1 li CII J N - - C�J1 CT co (D W — N O tD OOD A A t0 Ut W 6 V T W W W W O O N o 24 N V A 01 W N N W A W N 4 jV N) pAj W (D J N N i0 W W W O Ut C7t C� M O W b9 O (D b9 O Hi O 'di EA fA O W EA T bq O O fy b9 O OWNQCn Ni vOWWW(,)gA Vi O O (O W WW �yp� W y► OD (� OO ODD �q 0 0JW tU l0 O N O d! b9 K) d! 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G� 69 fA �9 V V W V V t D Ut OOD W Vt O Cn O Ut tD W A 0 Ui W V N -+ W W N O) A O Cn CT O N V O W N (n W M W J N W V W W W W V (D W O W O J O V O J 0 - O W N T o W N o W V V J W V (n 0 UD 0 N 0 W O 0 — O OD W OV WA WDA WA 20 AA�eA?AWWWwWWWNNNDN CITY OF M&MUND BAR AGENDA REPORT AGENDA NO. � � TO: Honorable Mayor and Members of the City Council MEETINGDATE: May 5, 1998 REPORT DATE: April 29, 1998 FROM: Terrence L. Belanger, City Manager TITLE: Amendment of Advance and Reimbursement Agreement Number 6 SUMMARY: The Diamond Bar Redevelopment Agency awarded a contract to O'Rourke Engineering to conduct signal warrant analysis at sixteen (16) intersections (see attached staff report for a list) for $10,645. Subsequent to the award, the intersection of Brea Canyon Road/Silver Bullet Drive was added for analysis. Analysis of this intersection, which will cost $665, will be paid by the requested $500 increase, and the remaining funds from the original contract of $11,000. RECOMMENDATION: That the City Council amend Advance and Reimbursement Agreement Number 6 from $11,000 to $11,500. 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 _ 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? — Yes —No Which Commission? N/A 5. Are other departments affected by the report? N/A —Yes — No Report discussed with the following affected departments: REVIEWED BY: Terrence L. Belan City Manager ADeStefan Deputy City Manager Davi G. Liu Deputy Director of Public Works CITY COUNCIL REPORT AGENDA NO. MEETING DATE: May 5, 1998 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Amendment of Advance and Reimbursement Agreement Number 6 ISSUE STATEMENT: Amend Advance and Reimbursement Agreement Number 6 and the contract agreement with ORourke Engineering to include the intersections of Northbound SR 57 On -Ramp at Diamond Bar Boulevard and Brea Canyon Road at Silver Bullet Drive as part of the traffic signal warrant study. RECOMMENDATION: That the City Council amend Advance and Reimbursement Agreement Number 6 from $11,000 to $11,500. FINANCIAL SUMMARY: The approved recommendation will allocate an additional $500 from the Redevelopment Agency. BACKGROUNDMISCUSSION: On February 3, 1998, the Diamond Bar Redevelopment Agency awarded a contract, in an amount not -to -exceed $9,980 with a contingency amount of $1,000, to ORourke Engineering to conduct a signal warrant study at the following sixteen (16) intersections: L Diamond Bar Boulevard/Morning Canyon Road; 2. Diamond Bar Boulevard/Silverhawk Drive; 3. Diamond Bar Boulevard/Maple Hill Road; 4. Diamond Bar Boulevard/Clear Creek Canyon Drive; 5. Pathfinder Road/Peaceful Hills Road; 6. Brea Canyon Road/Glenbrook Drive; 7. Grand Avenue/Cleghorn Drive; 8. Grand Avenue/Cahill Place; Page Two O'Rourke Engineering May 5, 1998 9. Golden Springs Drive/Rancheria Road; 10. Golden Springs Drive/San Leandro Drive; 11. Golden Springs DrivelSylvan Glen Road; 12. Golden Springs Drive/High Knob Road; 13. Golden Springs Drive/Rapid View Drive; 14. Lemon Avenue,/Lycoming Street; 15. Southbound SR 57 On/Off-Ramps/Diamond Bar Boulevard; and 16. Northbound SR 57 On-Ramp/Diamond Bar Boulevard. The abovementioned sixteen (16) intersections will cost $10,645. Subsequent to the award of this contract, the intersection of Brea Canyon Road/Silver Bullet Drive was added for analysis. The cost of analyzing this intersection will be $665. This amount will be paid with remaining contract funds and the $500 increase that is being requested. Prepared By: David G. Liu/Teeday Aberra =7 Faraday Awrwo SuRe 120 Cari+bad Caltlomta 92ow leo 431.0763 Fa)c 760 431-0072 415 N. YUurywd Avenw► "a 2ao OnW10 CdMorrk 91764 9% 937-0721 Fax aW 937.0199 Date: April 29, 1998 To: Mr. David G. Liu, City of Diamond Bar , Fax: (909) 861-3117 Brom: Susan O'Rourke, O'Rourke Engineering Subject: Addendum #2 to the Traffic Signal Warrant Analysis Project O'Rourke Engineering is pleased to present this addendum to the Traffic Signal Warrant Analysis Project to include the intersection of Brea Canyon Road and Silver Bullet Drive in. the analysis. We will perform the same tasks for this intersection as outlined for the other 16 intersections currently included. O'Rourke Engineering will provide the services outlined above for a lump sum fee of $665.00. Upon completion of the analysis for this additional intersection, the results will be provided for you review and comment. The results of this analysis and Your comments regarding the draft report will be incorporated into a final report. Under the scope of the original contract, two copies of the report, including color photographs, will be provided to you. If additional color copies are requested, they will be available at an additional cost. b'4SU42.edd EXHIBIT "A" ADVANCE AND REIMBURSEMENT AGREEMENT NUMBER 6 FOR ADMINISTRATIVE AND OVERHEAD EXPENSES This Agreement is made as of the 17th day of February , 1998, by and between the CITY OF DIAMOND BAR (the "City") and the DIAMOND BAR REDEVELOPMENT AGENCY (the "Agency"). A. RECITALS: A. Pursuant to the Community Redevelopment Law (California Health and Safety Code Section 33000, et.sea.) the City is undertaking a program for the redevelopment of blighted areas in the City. B. The Agency is utilizing the staff and other resources of the City. The City Manager of the City serves as Executive Director of the Agency and it is anticipated that the staff of the City, the Community Development Department and the Public Works Department will devote substantial time in gathering information relating to redevelopment of blighted areas within the City, conferring with developers and potential developers of land within such blighted areas or the survey area, and conferring with public officials representing the taxing agencies and other governmental agencies regarding redevelopment. C. By providing and making available to the Agency the staff and other resources of the City, and by providing and making available to the Agency office space, equipment supplies, insurance, and other City services and facilities, the City has advanced and will continue to advance the cost of the foregoing to the Agency. D. The City and the Agency desire to enter into this Agreement to acknowledge the foregoing recitals and to provide for an appropriate method of reimbursement of such advances by the Agency to the City. NOW, THEREFORE, THE PARTIES DO HEREBY AGREE AS FOLLOWS: Section 1. The City shall make available to the Agency its staff resources, office space, equipment, supplies, insurance and other services and facilities. The Agency shall have access to the services and facilities of the Planning Commission, the Community Development Department, the Public Works Department, the City Engineer, the other departments and offices of the City and the City Attorney. Section 2. The value of the staff resources, office space, equipment, supplies, insurance and other services and facilities, as determined by the City Manager pursuant to Section 4 hereof, shall constitute a loan for the administrative expenses and overhead of the Agency to be repaid in accordance with this Agreement. Section 3. On or prior to July 1 st of each year, each of the department heads shall prepare and submit to the City Manager a detailed accounting of time spent during the immediately preceding fiscal year by department personnel on matters for or related to the Agency, the implementation of the overall program for the redevelopment of blighted areas within the City, and any undertaking in furtherance of a redevelopment plan by the City, the Agency, or any related or subordinate public entity of the foregoing. Each department head shall also prepare and submit to the City Manager a detailed accounting of the use of all office space, equipment, supplies, insurance, and other City services and facilities used by department personnel in connection with time spent on the foregoing. Section 4. Based upon the foregoing detailed accounting prepared and submitted by each of the department heads, the City Manager shall calculate the total of such time. The City Manager shall calculate the total of such time. The City Manager shall further calculate the total aggregate time spent by all City personnel during such fiscal year, and shall then determine the percentage of time spent on matters related to redevelopment as described above. The City Manager shall further determine the fair rental value of the office space and equipment, and the value of supplies, insurance, and other City services and facilities used during such fiscal year. Based upon the percentage of staff time spent on matters related to redevelopment, as calculated above, the City Manager shall determine a fair, reasonable and appropriate rental amount to charge to the Agency for the use thereof during such fiscal year. Section 5. The Agency shall pay to the City, upon demand, the time charges, and the fair rental value of office space, equipment, supplies, insurance and other City services and facilities used during such fiscal year, as determined by the City Manager in accordance with Section 2 above. The Agency shall pay such charges, rental value and other value from any funds of the Agency lawfully available therefor; provided, however, that the obligation of the Agency shall be subordinate to any bonds, notes or other obligations of the Agency issued pursuant to law, and to any other obligation of the Agency incurred prior to the date of adoption of this Agreement. Section 6. The City Manger shall review, from time to time, amounts previously paid by the Agency to the City, which amounts were intended to reimburse the City for the time spent by staff of the City, and for the use of office space, equipment, supplies, insurance and other City services and facilities by the Agency. In the event that the City Manager determines following such review that additional moneys are due and owing to the City, the City Manager shall make immediate demand therefor. In the event that the City Manager determines following such review that the City has overcharged the Agency for such use, the City Manager shall apply a credit in the amount of such overcharge to the next demand 2 or demands made to the Agency pursuant to this Agreement. Section 7. In addition to the City making available to the Agency its staff resources, office space, equipment, supplies, insurance and other services and facilities_ pursuant to Section 2 hereof, the City shall, from time to time and at the request of the Executive Director of the Agency, advance funds to the Agency in such amounts as the City Manager deems necessary for the administrative expenses and overhead of the Agency, including, but not limited to, expenses of redevelopment planning and dissemination of redevelopment information. Such amounts shall constitute a loan for the administrative expenses and overhead of the Agency. The aggregate amount which may be advanced to the Agency pursuant to this Section 7 shall not exceed $11,000.00. Section 8. Amounts not paid by the Agency to the City within 30 days of demand therefor pursuant to this Agreement shall bear interest at the average daily rate as determined by the Treasurer of the City paid to the City on its funds invested in the Local Agency Investment Fund from the date of such demand to the date of repayment. ATTEST: City Clerk ` ATTEST: secretary CITY OF DIAMOND BAR By Mayor DIAMOND BAR 7RED PMENT AGENCY B hal RESOLUTION NO. 98-7A A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING ADVANCE AND REIMBURSEMENT AGREEMENT NUMBER 6 WITH THE DIAMOND BAR REDEVELOPMENT AGENCY The City Council of the City of Diamond Bar hereby amends Section 7 of the Advance and Reimbursement Agreement Number 6 with the Diamond Bar Redevelopment Agency as follows: SECTION 7. In addition to the City making available to the Agency its staff resources, office space, equipment, supplies, insurance and other services and facilities pursuant to Section 2 hereof, the City shall, from time to time and at the request of the Executive Director of the Agency, advance funds to the Agency in such amounts as the City Manager deems necessary for the administrative expenses and overhead of the agency, including, but not limited to, expenses of redevelopment planning and dissemination of redevelopment information. Such amounts shall constitute a loan for the administrative expenses and overhead of the Agency. The aggregate amount which may be advanced to the Agency pursuant to this Section 7 shall not exceed $11,500.00 PASSED, APPROVED AND ADOPTED this day of Mayor I, Lynda Burgess, City Clerk of the City of Diamond Bar do, hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on the day of , 1998, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: Lynda Burgess, City Clerk a_w CQW"c=L ri=X�VRT 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 Devel-nt Standards and Citywide Design Guidelines. ISSUE STATENENT: 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. REC4MMENDA►TI0K: 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. t P01 irk ;-a;7poration, the City adopted the L.A. County Planning and Zoning Code 0.o serve in the interim until the City could create its owi3 Development Code. In July of 1995, the City adopted its G zbia� e l Flan outlined the City's goals for future developwun;:. In 1 compliance with State law, the City must produce a conforming 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 incorporaticn addressing specific community needs, such as the Hillsiae 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 .n 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 2 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 example of how the Development code viii assist in preserving the 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 COMISSION REVIEW The Planning Commission reviewed Article III at their August 5, 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. DEVEELOPbMNT CODS 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 4944XX°''..':" text; Planning Commission changes are shown by a bold extended typeface; ' staff changes are 4 shown by a boidcondensed typeface; stuck -out, highlighted text reflects 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 ATTACHHENTS : 1. 2. 3. Revised pages of Development Code Articles III Memorandum dated February 9, 1998 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 MANAGERI Y vIF 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 U303 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 houaesi 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 addressed in Article III and the Cityoverview of some of the primary topics wide Design Guidelines. ARTICLE III Hillside Manaoement Chapter 22.22, Hillside Management, codifies the City's existing Hillside Management Ordinance, which was adopted in 1992. applied to areas Of the City with slopes of 10% or greaterater.. regulations are The purpose of these regulations is to preserve the environmental equilibrium of the City's hillside areas while allowing and 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 s slope density formula which was Plan. The mandated by the General purpose of this formula is to facilitate the natural features of the retention of the steeper hillsides areas, by on steeper slopes. reducing residential density Tree Preservation trees identified by the General Plan. The City's current Code regulations require the preservation oak and protection of tress over 8 inches in diameter and provides 2:1 for for a replacement ratio of trees that are removed. The City General Plan Resource Management Element, Strategy to 1.1.11 directs the oak, prepare a tree walnut, preservation ordinance for species of trees including sycamore, of cultural or historical California pepper, Arroyo willow and significant trees value. A tree removal was also replacement and relocation required. In response, Chapter mechanism for 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 20,000 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. 2 Off -Street Parking and loadina 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 was. 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 18.51, 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 $tails 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. I 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. Si ra, 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 provicN crucial advertising and visibility for a business owner. Well and signs become an integral part Of the atrsetscape 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, Isndacaaping and readability as an integral part of the signage concept. Ensure that signs are integrated into the overall site and architectural dWM 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 balancid with the collective rights of the community to regulate its visual environment. In 1991 The City Council adopted Ordinance No. Ss, amending the sign regulations contained witNn the County Code. This ordinance established a maximum height of V 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 Aused in conjunction with ttie 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 811ow 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 um 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 -pert text applied to sign regulations; the regulation must concern lawful activity, assert a substantial interest, directly advance the government interest government more extensive then nece, and can be no scary t0 serve that interest. In order to be valid, zoning regulations addressing adu t -oriented businesses must provide a genuine opportunity for adult oriented businessesOperate.andOperate.nesses to establish nesses e• Th• 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 80 restrictive so as to resutt in a "de fact*" prohibition of all adult businesses. The proximity designations must be determined on a cawby ass �ba district and City adopting regulations. by each The Court 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 o 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 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 wee, we 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 -Z (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 and a public hearing. entertainment license which is subject to specific application requirements 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 U363, 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 School, located City's twelve public school sites, the Walnut Valley Elementary Street is at the southeast corner of the only school in the Lemon Avenue and Lycoming which is area. The located approximately 1 mile to closest park is Starshine Park, the South on Starshine There is one daycare center in the general area, located Road. at the southwest corner of area 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 mufti -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. 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, design. and which reflects functional and attractive site planning and high quality 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 Planrokm Site Planning addresses the arrangement and placement of buildings on a parcel of land, thak 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. Landscaoine 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. 8 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. Waft and Fences Walls, or retaining walls and fences serve many functional and aesthetic purposes within a development. They can be used to enhance a buildings architecture and to define project boundaries, and to screen unsightly uses from public view. ala 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. Llohdna 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. Sionaoe 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.. E SUMMARY Article III is the longest Article in the Development Code and addresses many issues which are crucial to the Ci hillside development, tree preservation, ty's future development, including Of the provisions in Article III implementarking standards and signage, Many C!tywide Design Guidelines have specific General Plan strategies. The development standards and been created as an adjunct to these developmentare 'mended to guide the City and the community in creating future develo business opportunities and provides a pleasant and development that promotes work and shop, beautiful place to live, 10 CITY OF DIAMOND BAR INTEROFFICE MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL VIA: TERRENCE BELANGER, CITY MANAGER FROM: JAMES DESTEFANO, DEPUTY CITY MA SUBJECT: COUNCIL COMMENTS ON ARTICLE III DATE: FEBRUARY 9, 1998 The following are Council comments on Article 111 of the Development Code. Staff's responses are shown below in italics. 1. Page III -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 al/ow 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 111-6, 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 III -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 srnma/ler Center, and allow an increase in or lot coverage on a site the flop, area by stall, that is already developed. It was determined it would require a larger site to accommodate such a redesign effectively. 5. Pape 111-11, A, Last sentence, what if the wall was not part of a project review? p t Walls that are not part of a project are stip subject to over -the -count r review by the P/arming Division, where the e comp/lence with helght and /ocatlonal standards and to ensure the reesidenc rsident e aornd colorsprimaryarestraesthetically p/easing and compatible ucture. with the 6• Page 111-11, 0, "including this meanoanviews from above the subject project" does aboveT a screen or roof has to be put on to block the view from Yes, this is an issue in Dlanrond gar because of the hillsides and the potentia/ for a residence to be located above a commercial development where residents could be impacted by vie mounted equipment. ws of unscreened roof - 7. Pape III -12, E. Could you pave an example of what this is talking aboutl of Grand and Most of the shopping centers in the C/ty have parking lots adjacent to the street, An e�rsmp/e is the Rajphs Centel on the corner Diamond Bar BouAevard. if this Center were constructed by the propoesed standards in this section, screening wou/d be required. An example of a Center whet* the parking area is be/ow the abutting property Of in i� case the stneetl /s Country H111s Towne Center, where the parking lot /s significantly be/ow the level of the street and the public w parking lot is not as visible. The intent of this section is to provide the with views of of and low wells rather then a sea of cars. 8 Pepe 111-17.2. For clarification can we add a reference to "Table 3-1" i the first sentence, "The following (Table 3-1) are..-? n 9. Page W-18, B. For dwiAcation 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" the projects? as possible reviewing Council cin be added. 2 11. Page 111-21, 1 would like to have Figure 3-5 explained (verbally is fine)? This flguie 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 111-23, 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 III -33, A. remove "which" from first sentence? 14. Page III -33, B, remove "that" from first sentence? 15. Page 111-33, B1, remove "which" from first sentence? These changes can be made. 16. Page III -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 muklpNed 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 subdiv/sions and the City Council, as the fine/ decision-making body, could increase the allowable density. 18. Page 111-35, B, last sentence, what is "an appropriate manner"? An example would be the dedication of an open space easement and a condition of approval applled to the recorded tract map restricting development in areas that the City determines should be retained as open space. 19. Page 111I-36, 6. 00 we have any "significant archaeologic areas"? (Note, MY computer sp*U check says archaeologic is,misspolled. 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 3 sites are shown on the attachT map taken from the ME can be changed to archaeological. A. Archaeologic 20. Page 111.36, 8, third line, should "effect" be ^affect^7 This will be corrected. 21. Page III -36, A, Should "Council" be added to the last line? Council can be added. 22. PaWIN-40, A. Should the reference to "Figures 111.10 and III.1 "Figures 3-10 and 3-14"7 if not, then where are Figures and 111 and IbU- 147 Thls "I be corrected, 23- Page Iii -44, 85, Since you eliminated "100 feet Measured " should w than eNminats "whichever is more restrictivee. at the end of the since we are only giving one Option? sentence This will be deleted. 24, Page IN --4S, 6, Is this the description for Flgure 3-167 If it is c a reference? an we add No. This will be clarified. 28. Page 1116, C1, add reference to Figure 3-177 26. Page IN -47, 4, is this the description for Figure 3-197 If it is can we add a reference? 27. Page IN -48, g, is this the description for Figure 3-207 if it is can we add a reforence7 28. Page 111-49, 8, add reference to Figure 3-227 29. Page 111-49, 9, add referenceto Flours 3-237 Them refenlaces will be added, except for item 6 on page 111-48 which does not reference figure 3-20 30. Page 111-50, top two sentences. Why would we have anything SGctlon that "does not meet sound engineering standards"? in this This stolon will be reworded 31. Page 111-50, All, what is "rip rap:? r*P A frMsonry or concrete and rock laid r8n0F0mjyqga1n8t the earth to loforma barrier to retaln a slope or to prevsnt Oro o . An example "s cated within the Plsrmerini proisct on Diamond Knoll, 4 32. Page 111-51, 81, add reference to Figure 3-261 33. Page 111-56, A, add reference to Figure 3-317 34. Page 111-56, 81, add reference to Figure 3-327 35. Page III -58, where can we reference Figure 3-347 36. Page 111-58, where can we reference Figure 3-357 These references can be added. Figures 3-34 and 3-35 can be referenced under S.1 on page l//--58. 37. Page III -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? l am referring to the yew -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 Dlvlslon, there is no set life for sandbags, they are replaced as required. 38. Page 111-61, 83, 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 detemwned by the protect app/kant 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 vio/atlon. 40. Page III -83, 81, What does "L50" mean? "L" refers to the noise level, the number in subscript refers to tree 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 Chepter 1.04 of the Municipal Code -P na a/tiac, riv,t Ramadlac And Awyargiihifflty, anyone violating the Code is guilty of a misdemeanor, whkh 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 exceed/ng $100.00 for the first violation; $200.00 for a second violation of the same provisions within one year; and $500.00 for each additional violation of the same provision within one year. 42. Page III -88, C, How does this compare to the L.A. City ban? This can be researched further. 43. Page 111-89, J1, Do we test the Garbage Trucks now? No. 44. Page 111-92, 22.30.040, Can we control the size of the parking spaces? Some of our current shopping centers have too narrow of parking spaces) 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 ///- 1401 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. 46. 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 COMM spaces for employee use only if it is determined to be beneficial to the operation of the project. 46. Page 111-104, last block on right of Table 3-12, should "62 feet" be changed to 064 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 subd/vlslon, 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 tral/ers. Further, B. below limits the parking of motor vehicles to a garage, carport, driveway or other paved parking area. 0 49. Page 111-117, A2, who enforces this? The Code Enforcement Officer would enforce, generally by responding to complaints of an inoperative vehicle. 50. Page III -118, 82, 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 111-118, D,. What is recourse if not maintained, who will enforce? The Code Enforcement Officer. 53. Page 111-118, Al, add recreational vehicles? This can be added. 54. Page 10-119, 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 III -119 C2, add recreational vehicle, boat? This can be added to C 1. 56. Page 111-119 D, E, F, 0, who enforces? 57. Page III -121 F, who enforces? The Code Enforcement Officer. 58. Page III -132, E. I would like the Council to reconsider the "50%" minimum. This can be discussed at the workshop and pubilc hearing. 59. Page I11-134, D, should this be "C"? If so, than need to also change "E" to "D" This will be corrected. 60. Page 111-135, 2, how will this be enforced and is there any penalty? The Code Enforcement Officer will generally just take the signs down. 61. Page 111-136, C1, last word "Ordinance", is this Development Code considered an "Ordinance"? 7 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"? Polftkal canloaign signs are considered temporary signs and are subject to the provision contained within Section 22.36.090. "D" could be applied to this type of sign. 63. Page III -167, D, who pays for the investigation and Now long does the Sheriff have to complete the Investigation? A time limit his not been specified. The cost would be charged to the applicant as part of the permit processing fee. 64. Page III -167. D1, do we need to substitute "Sheriff's completed Investigation* for 'fiNng 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. 66. Page 111-167, Old, can we add a definition of "Specific Criminal Act" in Article VI? This can be added. 66. Page III -167, D1d3, Does this mean that if a person is appealing they can get a license?. This will be clarified. 67. Page I11-168, 4 top"bf 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 Attomey to insure conwIlence with all appliceblle laws 69- Page 111-168, 2, what is the reasonable time allowed? This wiN be d edfled. 70. Page 0-168, F, is this from the outermost or closest property line or is it how close *0 buildings could be? In accordance with Article 1, Section 22.04.0200. (page 1-12), separation between land uses shall be measured from the exterior pro"Fty boundary of the subject site to the exterior property boundary Of the site from which such separation is required. 8 71. Page III -169, 2, can we require a locking device? This requirement can be added. 72. Page 111-169, 6, does.th13 apply to video rental stores which have adult movies? Only if it is considered a sexua/ly-oriented business. In accordance with Article VI, Detroit/ons, (pg VI -6), this is a business having at /east 20 percent of its stock devoted to sexually-orlented material, Sexually. oriented merchandise, or both. 73. Page III -170, 10b, does this also apply to people blocking the view? l don't belleve that this would be enforceableunless it was on a consistent basis for an extended period of tune. 74. Page 111-170, 1:1a, 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 end of the sentence? This can be added. 76. Page III -173, 11b. how are we going to monitor the 20967 Through undercover off/cers doing periodlc investigation and through the Code Enforcement Officer responding to any complaints. 77. Page 111-173, 128, 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 c/arif/ed. 79. Page 111-178, D, are you allowed to have three dogs and three cats? / b"Ove 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 DefPnitlons Article (pg. VI -121. 81. Page III -179, A1c, why would we allow this? This will be clarified and can be discussed further. 2 82. Page III -180, 68, How do you provide a residence with one additional parking space? If there is enough roan on the driveway or if the site wi// accommodate an additional paved area. 83. P890 111-180, 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 VI? Th/s can be added 86. Page 111-184, 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 111-188, 5, remove "; and" from end of paragraph. This will be removed. 89. Page III -193, A3c, can we add psge number 111-196 to make it easier to find Table 3-157 This will be added. Attachments: General Plan Archaeological Resources Map E CLtjA Z Our sa t a UR '� z 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 stated that with respect to the Parks Master Plan, misstatements have been made to the public during Redevelopment petition signature gathering. She referred the Commissioners to Exhibit 5.1 Capital Improvement Plan of the Parks Master Plan which states one of the funding sources for improvements, including recreational trail improvements, community center, sports parks, comes from the Redevelopment Agency. CONSENT CALENDAR: 1. Minutes of July 290 1997. C/Goldenberg made a motion, seconded.by C/McManus to approve the minutes of July 29, 1997 as submitted. The motion %4as approved 5-0. OLD BUSINESS: None NEW BUSINESS - None CONTINUED PUBLIC BEARING: 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 cF 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 he 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 p Development Code. roposed 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 -10. Following discussion, the Commission concurred that d,:e 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. 7`7e question would be whether the City would have the comfor- level in regulating and saying "no" to a project tha- would impact a single person's view versus the abilit: 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. Pfluqrath 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 3r, overview of Section I of Article III - General Property Development and Use standards. C/Goldenberg asked that "whenever possible" be added A.5. on Page III -6 so that it reads: "On-site road�J On-site roads shall be paved as soon as feasible, watere_J periodically with reclaimed water whenever ssible stabilized in an environmentally safe manner;'1. Mr. Pflugrath responded to Chair/Ruzicka that w; -- respect to Exterior Lighting C. on Page III -7, the ccj• does not apply to single-family residential uses: Chair/Ruzicka asked that E. 1. on Page III -7 be correcte: to read: "Light fixtures shall n2t 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 equippP with light shielda (See D Sbfeldirg.1_ to.' reduce cr eliminate light spillage beyond the project's boundaries. C/Goldenberg asked that Item E. 3. on Page III -s to corrected to read: "Light fixtures shall n2t 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 communi_t_v_ open spaces, plazas, courtyards, etc.". C/Goldenberg asked that a space be inserted near the end of the second sentence of e. open space bonuses. under Open Space for Commercial Projects on Page III -lo t� separate available and at. Chair/Ruzicka pointed out that with respect to t: -e 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 cn buildings. The Commission denied a request for a secori sign for the University of Phoenix which was overturned by the City Council. He asked how this' section wiI' 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 Sereeninq 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 S, 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. I. 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 is ..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. 5. 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 suggestedthat 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. q. 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 UHC 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 to appropriate with regard to entering agreements a -.d periodic report provisions. He indicated he will prov:ze sample language to the consultants. C/McManus suggested that the chapter include language -: the effect that this section "conforms to current Sta-.� regulations". CA/Jenkins indicated specific language is not contain.ei within the State regulations. Cities may define a enforce the regulation differently. C/Goldenberg said that in his opinion, A. Deaaity bonus. under Types of Bonuses and Incentives Allowed on 23:e III -18, is a variance without findings and he has problem with the concept. CA/Jenkins stated the reason the bonus is allowed witha.:t variance findings is that in the absence of a bonus could be argued that the developer- is being forced :Z) give up a right (being forced to use his property fcr public purpose) which would constitute a taking of h:s 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 Ci,:v 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 moreof 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 -o 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 proper-.• values will not be negatively effected. C/McManus stated he believes that no matter how caut:_., a City is in administering affordable housing, it 71. have some adverse effect on property values. CA/Jenkins explained that the discussion is not abc.- exclusive "affordable housing". The discussion is abc_- developments that contain a percentage of affordao;,► units which are disbursed throughout the project a which must have the same appearance in all respects the market rate housing. CA/Jenkins, addressing C/Goldenberg's concerns, state: that incentives are no longer available for developers building exclusively affordable housing projects. 7�7.: program is completely separate and is designed to de3. with the developer who wants to provide affordable un,, -- which are disbursed within an otherwise market -r3.4 housing development or is compelled to, by virtue of inclusionary housing program. that' the City has that compels the developer to provide a percentage affordable units in order for the City to meet its Housing Element goals called out in the City's Genera: 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 FUTURB 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. pectfu,; ly^Suj)mitted, s Deste ty City Attest: c J-Ruz cka Chairman MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION SEPTE"ZR 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 BUSINESS - None NEW BUSINESS: - None CONTINUED PUBLIC BEARINGS: 1. Draft Development Code (Zoning Code Amendment SCA 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 COMMISSION Chair/Ruzicka recommended that the following be added to the end 000sfParagraph 12) on Page 7: "..and camouflaged possible.,, ,, SP/Johnson responded to Chair/Ruzicka that height limitations as respects H. ARCATTD!ninreu� the Development Code as a standard. are contained in 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: " form and detailing, should be consistent chit M al l buildings, etc.".all 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 gga,&gs Page 22 be corrected'as follows: Pluralize increase Cn the second sentence and change "doesn't" to "do not" the fourth line so that the second sentence reads: good sign program increase& the sense of order and un: in a center and increases legibility because the eyes = have to adjust to a variety of sign styles, sizes colors. VC/Schad asked that "that be added to Paragraph 6) Page 23 so that the sentence reads: "Signage should _- appropriate for the type .of activity that the business conducts." VC/Schad asked that item RIAR"J"s on Page 24 to read not impact existing views." f) be added under A... &IL9 as follows: "Planning d=es C/Goldenberq asked that the language of item f) under &. sits planniW on Page 24 be softened to read: "Shall n:,t unecessarily impact existing views". Chair/Ruzicka asked that a comma, be added follower, plazas in the first line of Paragraph 5) on Page 25 si that the sentence reads: "Building placement which creates opportunities for plazas,. courts, or gardens is encouraged." Chair/Ruzicka recommended Paragraph 8) on Page 26 te changed to read: "Details that create shade and cast shadows can be used to provide (eliminate "d") visual relief to the building." SEPTEI4BER 9, 1997 PAGE 3 PLANNING COMMISSION. Responding to Chair/Ruzicka suggestion, SP/Johnson recommended that Paragraph 12) on Page 27 be changed to read: 'tEncoi rae.. the ueo maintenance such as, etc.". °f material with j, 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" "around" in the last sentence of Paragraph be changed to so that the sentence reads: "Concrete 8) on Page 28 r recommendedoncrete mow -strips are �L413h,$ 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, here will not be a significant amount of new tracts there future and the patterns of residential development within the City have in generally been established. While the housing stock is relatively new, as it ages, houses will be remodeled, expanded or in some cases, homes will be demolished and reconstructed on the same lot. One of the most important issues is to insure that new or remodeled LEsidantili development i existing s compatible Wjth and complementary tQ the neichborhood. Chair/Ruzicka asked that "mullet-family'o 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 gVFTn VT T1 ES Page 30 so that the third 11ne reads: M oncludd as a chapter within the new comprehensive DevelopmenteCode." Bob Zirbes asked that the first sentence of Paragraph 2) under s. Sit. P1aIInin- 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 pla sing on Page 3to o to instruct staff to mention to permit applicants that 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." SEPTEX33ER 9, 1997 PAGE 4 PLANNING COXXI8sION Chair/Ruzicka stated that he believes residential remodelinq 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 &S' part of staff's procede helps the applicant understand his responsibilities. it SP/Johnson stated she believes administration responsibilities are addressed in the Development Code. VC/Schad asked the "especially pertainin to " added to Paragraph 1) under D. Fensstrat on (Plr Privacy" Yt be IIoors and WinAnwfil 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 Gutters. nownspouts and vents on page 34 should be corrected to "properly". VC/Schad asked that ",where possible." be added to the and of Paragraph 1) undera_sioment SeTssnq G��+arm Damnspout2 and vents. Chair/Ruzicka asked that Paragraph 7) under Landscae;nQ be changed to read as follows: "Utilize trees Z= 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 AyAry 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 9uildelines, 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/DeStetano 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.'tl" 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 CO MMISSZON DCM/DeStefano referred Mr. MacDonald to Page IT -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 (5') 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 A. under Applicability on Page III -65. The Commiss::� concurred. C/Fong again discussed Paragraph A. under 22.38.06o Exemptions on Page III -148. Following discussion, t^.e Commission referred to the August 26, 1997 minutes whim state the Commission's concurrence that the -language read as follows: "Trees, except those designated by the Cit/ Council as a historical or cultural tree, and trees required to be preserved, relocated or ,planted as i condition of approval of a discretionary permit, locate] on all developed properties prior to adoption of tn:s 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, ar_ rovo willow, and naturalized. California Pepper trees with a DBH of eight inches or greater." DCM/DeStefano responded that staff will check tie 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 cf a tree trunk measured in inches at a height of 4.5 feez. 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 denberg that due to vC/Sch des request for ination regarding he Department o Fish and cam 's Code 1600 Permng Process, as i customary, copie were provi�i to,all Commisars. ZONAL ITEMS: DC /DeStefano repot ed that at its tober 7, 1997 m\en, the Cit Council appy ed distributio of a bid p!,r cons ruction of tra is signals at Golden Springe -it Calbo me Drive, and D amond Bar Boulev rd at Palomino. DCM/De efano stated he pprovedtwo new esidential ccti�:n project for JCC Developm t and a resident'al addition "T`.e Country states". DCM/DeStef no indicated tAat the Traffic and Transport a icn Commission s continuing to rsue the School Traffic Study. DCM/DeStefan revealed that a its October 7, 1997 meeting, tie City Council a reed to appoint t City Council embers, two Parks nd Recreation Commissioners, a d two members rom each schoo: d trict to a Pa ks Master Plan pr1 city and fundn implementation pl subcommitte . NOVEMBER 12, 1997 PAGE 2 PLANNING COXMISSION Project Owner/App cant: Kurt Nelson, Win ill Development, 3480 Torrance levard, Suite 30 Torrance, CA 0503 Staff reco ends that the Plann' q public arinq for VTTM 50 Coi11"ission con 'nue the Conditi al Use Permit No. 96 4► Zone Change o. 96-1, Mitiq ion Monitoring Pr ram and EZR NoOak Tree rmit o. 96-1 and 071 04) to December 9, g97. 7-1 (SCH 96 - dere was no one p sent who wZoneChange ak on this iXmber C/McManus mo d, C/Fong seccontinue Tentative Tr t Map No. 50314, Use Permi1, Oak Tr Permit No. 96-1 an96-1 to 9, 1997. The motion was carri 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 tq November 25, 1997. Chair/Ruzicka recommended that staff analyze 750 feet determine if that separation standard would bs 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, tie 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 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. Draf t 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 Novemter 12, 1997 Planning Commission meeting. Robert Zirbes, a Diamond Bar resident, said he has participated with the Commissioners on the Draft Development Code over the past few months. He indicated he came to tonight's meeting prepared to work toward the document's finality. However, he is somewhat surprised by what has .occurred this evening. He recommended that the Development Code.be held over until a full Commission is present because of its importance to the City of Diamond Bar. Don Gravdahl concurred with Mr. Zirbes that the Development Code is an important agenda item and if there is any kind of cloud over this Commission, the matter should be continued to the next meeting with the full Commission present. VC/Schad moved, C/Fong seconded, to continue the Draft Development Code discussion to November 12, 1997. The motion was carried 3-0. PUBLIC HEARINGS - None PLANNING COMMISSION ITEMS: OCTOBER 27, 1997 PAGE 9 PLANNING 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, Jam6W DeStefano, Secretary Attest: Joe, Ruzick Chairman 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 a -re frequenti- dispatched to locations within the City to inquire about products and services. DCM/DeStefano talked about the changes included in tie Hillside Management Ordinance and the corrections to the Drat Development Code Articles. Chair/Ruzicka asked that Item A. under Exemptions on t�.e October 29, 1997 revision Page III -162 be corrected to read in accordance with the change requested by the Plannir.q 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 DCH/DeStefano stated that staff intends to Commission with a completed Draft Development reCode 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 COMMISSION ITEMS: Res onding to C/) serice Station al Diam nd Bar Boulei Tree with the same Commi Sion. ong, DCM/DeStefanq the northwest cor trecies d was unable to of tree as C/Fong expressed his d sappointment that was unle to provide k trees for the project explained t t the ell r of Brea Ca yon Road nd locate or rep ace the T a ecommended by he Plannin . 1 he South Pointe developer Poly Pomona ca pus park DCM/DeSt fano responded that as a result a private ag eement, Mr. Artie o agreed to hav Valley Crest remo a trees to the a1Po.,/ site. How ver, when the oject was sold to tandard Pacifi a details of he arrangement were left out of t sales agreeme t a7� the remaini g trees were f and to be unsuita a for relocati n. C/McManus con ratulated Chan for City Cou cil. The Ci Commission's q in. INFORMATIONAL I#XS: /Ruzicka on runni g a good campa qn Council's loss is the Plann r� DCM/DeStefano pre\ino-a ed the Metri om Ricochet Mic -Cellular Ca�3 Network report fnformational urposes only, a advised �-e Commission that tity Council A ll at a future until meeting onsider entering contract t permit this type of use within a City's publicht-of-way. DC /DeStefano respond d to Chair/Ruz cka that this p ovider wit: no replace current pr vider systems. DCM/\ean o announced the November 0, 1997 East n Gabriel Valling Committe dinner. The resentation top* is to box" in the San Gabriel Valle He asked terested Comms to register y Friday, Nove bar 14, 1997. DCM/o announced at the Cit received anning CommSchad's writt n resignation from the Planning Commt 4:00 p.m. today, November 12, 1997. NOVEMBER 12, 1997 PAGE 5 PLANNING CGt1.*�ISSION 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 a:50 P.M. to Tuesday, November 25, 1997 at 7:00 p.m. Quality Management District Auditorium. in the South Coast Air Respectfully Submitted, A)es 1este ano, Secretary. Attest: Joe Ruzicka, Chairman DECEMBER 9 1997 PAGE 4 Mr. Nelson stated a U.S. Departm no objective cri eria by which th than adequate R. He said the respond and in cated they would }� indicated he oes not know what im' PLANNING COXX SSZON 1 of Fish and Wild -1 a has - can challenge MBA s more gency has been in ited to present this eve ing. He 'e can be done. Chair/Ruzicia opened the publA hearing. Q/ssee asked what 1 bilities the Citbeis approved and a gnatcatcher i y assume if ter f/Ov�d VC/stated that s is the lastprot• building as occurred. Thrin an apotiability al eady exists. =ore' the C/ oldenberg moved, VC/McManus sec ed, to rtification of EI No. 97-1 (SCH 96- 1104), ar, pproval of vTTM 50 14 based upon sta 's r4MI.. the lack of input y governmental ag cies.approved 4-0-1 wi the following Ro Call AYES: COMMI AIONERS: NOES: ABSTAIN: ABSENT: SSIONERS: SSIONERS: SSIONERS: Golden Chair/ None Tye None 4 Fong cka ecommend recommend ,dation and motion was VC/McManu C/Goldenbe moved, VC/McM /eTh ded, 'to r commend condition approval of Hill ident and Si nificar!: Ecologic Area Conditiona Us96-1 and Oak Tree Permit N 96-1 for VTTM 503 4. n was app oved 4-0-1 with th following Roll Cal vo AYES: COMMISSIONERS: Goldenbong, VC/McManus, NOES COMMISSION N a:r R ABS IN: COMMISSION : Tye AS COMMISSION S : None 2. Draft Developaent Code (aoninq Code Amendaen Neqative Declaration No. 97-3) Revity and O! all ]t SCA ZCA e! 97-1 of and the Draft Developaent Code, and Citywide Draft Desiqn 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, is appropriate. C/Goldenberg asked if the City should incorporate a minimum and/or maximum letter size for signs. DCM/DeStetano stated the Commission may establish a two to three inch minimum size. Staff generally considers lettering DECE"ER 91 1997 PAGE 3 size to be driven }� PLANNI14G cOI�I88ION width of street Y Placement, messa and other such characteristics. the of traffic C/Goldenberg reiterated the Development Code. his concerns regarding enforcement of DCM/DeStefano reactive c again stated that for items that may cent basis and the city responds quire enforcement not proactivelyon a Chair/Ruzicka look asked for public Clyde Hennessee said he comment. Centers are not adequately concerned Of the a eQuatelY si that the City's Sho xistence of local businegned and residents are not aware Respondin aware q to C/Fong. DCM - /DeStefano r4comMended that the illustrate the concept. The Commission DCM/DeStefano stated in concurred. better Develo that the graphics piont CoddescribeSeen inserted adjacent to within reclination it thin the o the specific The Commission concurred to XXX" at the end of direct staff to Pertinent regulations. insert "See Figur, C/Goldenberg recommended that should correspond, to the figures within illustration. the roman the paraerapn numerals uSed on c `' e 25�o1997sked that page I=I -44 B. 1. 25 Finished slopes shall not recommended �r Percent (2: 1) except be created °n Nove creat Pt ad scent togreater than, ed slope is limited to a �Cfmu�s 67 structure where the C/Fong asked that pa Percent (1.5:1). - "segment of a qe =Ii -44 4e b* be variable p cut or tilled slope chaAged to read: Slope ratio of less than 2:1 �Y be deal but not less than 1. (horizontal designed w i t n Commission concurre5:1 'within the following guidelines:,, �►, Following 1 • ' e discussion, DCM 44. 4. b 3) read: /Oeste!ano recommended that Page III- m°vim h. tai - ". 3 - �e The Commission concurred._ Figure asked that Page VI -49 qure 6-2 site coverage". be corrected to ., read: "see DCM/DeStefano pointed out tha be titled "Table V-1", t the Table on Page V-26 should .IV DECEMBER 9, 1997 PAGE 6 PLANNING COMMISSION DCM/D@Stefano stated that staff has analyzed the In Study and determined that this project fully supports and is an implementation measure of the City,s General Plan. VC/McManus moved, C/Goldenberg seconded, to adopt a resolution of the Planning Commission of the City of Diamond Bar recommending that the City Council of the City of Diamond Bar adopt an Ordinance establishing detailed Zoning and Land Use Regulations and Development Standards (Case No. ZCA 97-1) and Negative Declaration (ND) 97-3. The motion was approved with the following Roll Call vote AYES: COMMISSIONERS: Fong, Goldenberg, , Chair/Ruzicka VC/McManus NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: Tye ABSENT: COMMISSIONERS: Nona C/Goldenberg moved, VC/McManus seconded, to adopt Resolution No. 97 -XX recommending that the City Council adopt a Resolution establishing Citywide Design Guidelines as part of the City's Development Code. The motion was approved with the following Roll Call vote: AYES: COMMISSIONERS: Fong, Goldenberg, VC/McManus, NOES: COMMISSIONERS: Noner/Ruzicka ABSTAIN: COMMISSIONERS: Tye ABSENT: COMMISSIONERS: None PUBLIC HEARINGS: 1. Tentative Parcel xap 22997 ursuant to '.Code Section 21.04. 0) is a request for the ivision o! a 5.02 acre parcel land into three lots: t 1 is 1.32 acres and contains a existing restaurant; Lo 2 is 2.70 acres and contains an sting motel; Lot 3 is 1. acre and is vacant land. The a tin development will cin and no new development is p sed at this time. Project Address: nE%t�ide' le Spring Lane (west ids, south Ofnd Bar Boulevard) Applicant: ne., 8880 Benson Avenue, Suite lair, CA 91763 Property owner: ond .ar, 259 Gentle Spring Laamon ar, CA 91765SP/ nson presented report. aff recommends that the Pnninq Commiscommend aPpr 1 o! TPM 22987, Finding of Fact, nditions as li d within the resolutio Carl Kobbins, vil Engineer, said he and the applic read staff's report an oncur with the conditions of approva CITY OF DIAMOND BAR MEMORANDUM TO: Honorable Mayor and City Council Members FROM: Terrence L. Belanger, City Manager 1 SUBJECT: RESOLUTION NO. 98 - XX "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING AND ADOPTING SCHEDULE OF RATES, FEES AND CHARGES FOR SERVICES PROVIDED BY THE BUILDING AND SAFETY, ENGINEERING, PLANNING, PUBLIC WORKS DIVISIONS OF THE CITY OF DIAMOND BAR." MEETING DATE: May 5, 1998 DATE: April 29, 1998 ISSUE STATEMENT Should the City Council establish new rates fees and charges for development projects? 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 Establishing and Adopting Schedule of Rates, Fees and Charges for Services Provided by the Building and Safety, Engineering, Planning, Public Works Divisions of the City of Diamond Bar." FINANCIAL IMPACT The revised fees will off -set City expenditures for processing said development applications. The proposed revisions to the development fees create an "actual cost" recovery. Revised fees will be effective 60 days following the adoption of the attached Resolution (July, 1998). California State Law governs the establishment and adoption of building, engineering and planning fees. Various sections of State Law provide authority for cities to adopt these fees. The State Attorney General's Office has issued an opinion that cities must show a Nexus between the fee collected and the cost of providing a service. In addition, the Attorney General's Office states that a City may not charge more than the reasonable cost of providing a service. Sections 66016, 66017, and 66018 of the State Planning and Zoning (Title 7) Law sets forth the procedures for adopting the fees: ♦ The fee must be adopted using the public hearing process; ♦ Any fees adopted or revised will not be effective until 60 days following the final action of the City Council; ♦ The report regarding the proposed fees shall be made available to interested parties at least ten (10) days prior to the public hearing. When the City incorporated in 1989, the Los Angeles County Building and Safety, Engineering and Planning processing fees and rates were adopted. In 1991, the City consulted with Hogle- Ireland Development Consulting Group to analyze the structure of the development fees charged and make recommendations for modifications. As a result of the study, the City adopted development fees including both set rate fees and "actual cost" deposits in June, 1991. The Community & Development Services Department has conducted a full review of all fees it collects to evaluate its level of compliance with State laws. State law permits the City to collect fees to cover the cost of providing service, no more no less. The purpose of the review was to insure that the fees being charged accurately reflect the full costs associated with the processing of development projects. The City's current adopted fees reflect the philosophy that the City should not subsidize the activities of individual developers and "actual costs" of processing development projects should be charged, either through set fees or deposits. It is recommended that this philosophy be continued. As a result of the review, the City concludes that the current fee structure is not meeting the above State requirement, and cost recovery philosophy and therefore, recommends that the City Council adopt a fee structure similar to the current structure for Building and Safety, Engineering and Planning and readjust the rates to accurately reflect cost. The proposed Development Code recommends the creation of new categories for review and approval of projects. The recommended fee structure (matrix) includes the proposed new categories. DISCUSSION The decision to establish fees for services involves several choices. Should the City subsidize the cost of services to the development community or should developers pay their own way? Some cities consciously choose to collect less than the cost of the services provided in order to attract development, while other cities choose to operate as a business and have the developer pay actual costs. Currently the City's fee structure is based upon both set fee and "actual cost" rates. Set fees include: Temporary Use Permit, Lane Closures, Certificates of Occupancy, etc. There is one set fee/price for that application to be reviewed and approved. In the set fees staff review time, overhead, and all expenditures have been calculated into the fee. "Actual cost" includes: hydrology reports, zone change , etc. Typically, set/flat fees are for less complex projects, and "actual cost"/hourly rates are for more complex projects. On the "actual cost" fee system, a set deposit is received by the City, and a developer deposit account is established. All staff time and fees (public hearing notices, consultant fees, etc.) are charged to the developer deposit account. W As the deposit approaches depletion, additional funds are requested from the applicant. If, upon project completion, funds remain in the deposit account, they are refunded to the applicant. Currently, the City's hourly rate figure is $75.00. This "blended" rate is charged for all employees. Some cities have established a "tiered" system, whereas, different categories of employees are charged at different rates. The blended rate more accurately reflects the Diamond Bar situation, whereas, all staff, regardless of category, work on projects. The City staff is not large and does not have a large hierarchy to establish such a tiered system. Based upon calculation, the hourly rate is proposed to increase to $85.00 per hour. The hourly rate calculation is included as Attachment A. This increase reflects an increase in budget and line staff reviewing projects. In calculating "actual cost", the City includes overhead charges for consultant fees and studies. General City overhead refers to the cost of providing general government services to support the operating departments and activities of the City. For example operating departments and activities include Finance, City Manager's Office, and General Government (rent and utilities). The City's current overhead charge is 17.75%. The revised overhead charge is 18%. The recommended increase in the overhead rate is .25%. This increase is contributed to the overall calculation of the cost of living increase for both employees and services/supplies. The calculation for actual cost is included as Attachment B. When the fees were modified in 1991, they were based upon a survey of several cities and discussion with Consultants, due to the City having a limited history in the processing of applications. The City now has seven (7) years of knowledge regarding the processing of development applications. Several changes in the deposits for "actual cost" items have been modified based upon a review of the projects over the last several years. Currently, the fees for Building and Safety are similar to the State fee format with minor adjustments. It is recommended that this process be continued. Due to the fact that the City's last fee revision was adopted in 1991, the average increase in the Building and Safety fees are 35%. The 35% increase is below the Los Angeles County Building and Safety fee increase over the same seven year period (1991-1998). The valuation of building construction fees are based upon tables published by the International Conference of Building Officials (ICBG). It is recommended that staff continue to utilize the tables of ICBO for the construction valuation fees. Changes in the Building and Safety fees include the establishment of new categories for the extension of permits, temporary certificate of occupancy, review of electrical signs, review of septic tanks, and review of walls/fences along the public right of way. A detailed discussion of the Building and Safety function is included as Attachment C. Present and proposed fees for comparison purposes are located in the proposed Resolution matrix pages 1 through 15 as Attachment F. ENGINEERING/PUBLIC WORKS FEES The Engineering/Public Works fees are currently based upon a combination of set fees and actual costs. It is recommended that this combination of fees be continued. The creation of minimum fees have been established. Grading plan check/inspections fees have been updated to conform with L.A. County's current fees. A new category of fees include: drainage/parking lot review, septic tank review, certification of correction and time extensions. A detailed discussion of the Engineering/Public Works function is included as Attachment D. Present and proposed fees for comparison purposes are located in the proposed Resolution matrix pages 16 through 22 as Attachment F. PLANNING FEES The Planning fees are currently both set fees and actual cost. The majority of projects that require a public hearing are actual cost, and deposits are required. The projects that are handled routinely and administratively by the staff continued to be a set fee. New categories of fees are established including extension of time, deposit for annexations, Quimby Fees, and CC&R review. A discussion of the function of the Planning Division is included as Attachment E. Present and proposed fees for comparison purposes are located in the proposed Resolution matrix pages 23 through 28 as Attachment F. IMPLEMENTATION SCHEDULE The new Development Fees must be adopted through the public hearing process. The Public Hearing Notice has been published, and the report was available to interested parties. The fees will become effective 60 days following the public hearing. Attachments A - F Resolution 98 -XX Report Prepared by: James DeStefano, Deputy City Mana Kellee A. Fritzal, Assistant to the Cit Manager I�t 4 ATTACHMENT A HOURLY RATE CALCULATION It is recommended that the City continue to utilize the hourly rate/actual cost methodology. The hourly cost methodology uses an average hourly rate for "line staff' in the Building & Safety, Engineering/Public Works and Planning Division. Line staff are defined as those staff members who normally deal with the public and/or process or work on developer or City initiated projects. The hourly rate is not used for other, non -line support staff such as clerical. The cost of these support employees is considered City Overhead. One average hourly rate is used for the Building & Safety, Engineering and Planning Divisions. The budget figures used in the calculation are the 1997-98 January mid -year revised Budget. It reflects the general fund portion of the division budgets. The calculation of the hourly rate is obtained through hours worked by the line staff. The yearly hours (2,080) of an employee must be reduced to a yearly "productive" number. The productive hours take into account vacation, sick leave, holidays, training and similar time away form actual work. In the 1991 Fee Study, 1,664 hours or 80% of the annual 2,080 hours are considered productive. Based upon discussion with the line staff and review of actual time spent on projects, over the last seven years the actual hours of productive time is 83% or 1,744 hours out of the 2,080 hours available. The "unproductive" time includes holidays, sick leave, vacation and administrative leave time. The project hourly rate represents the average hourly cost of Building & Safety, Engineering or Planning line staff person working on a project. The project can be either developer or City initiated, or could be time spent answering general planning or engineering questions from residents or developers at the counter or by telephone. The hourly formula consists of total "line staff' times productive hours per employee divided by the total budget. The hourly rate total is $85.20. It is recommended that the City increase the hourly rate to $85.00. CONSULTANT SERVICES Engineering/Public Works and Planning uses extensive consultant services for plan review, technical studies, and field inspections. For these and other similar cases, it is recommended that the actual cost of consultant services, plus the 18% general city overhead be charged against the deposit for "actual cost" projects. A-1 5 Planning Division Budget $547,301 Engineering Division Budget $218,574 TOTAL $765,675 LINE STAFF BUDGETED/LESS NON PROJECT Engineering Deputy Public Works Director .60 Assist Civil Engineer .90 Intern .50 Planning 2.0 Division Total Deputy City Manager .33 Senior Planner 1.00 Associate Planner 1.00 Planning Technician 1.00 Code Enforcement Officer .75 4.08 Division Total Total 6.08 Total Line Employees (6.08) times productive hours per employee (1,744) = 10,604 productive hours Total budget (Engineering/Planning times City overhead at 18%) _ $903,497. HOURLY RATE CALCULATION Total Budget $903,497 Divided by productive hours 10,604 Hourly Rate: $ 85.20 Recommended Hourly Rate 1 85.00 A-2 6 ATTACHMENT B CITY OVERHEAD CALCULATION General City Overhead refers to the cost of providing general government services to support the operating departments and activities of the City. Included in general government services is the percentage of the City Council, City Attorney, City Manager, City Clerk, Finance, Community Relations and General Government budgets. The percent of budget is determined by the time it takes the department to assist in the development service functions. The City overhead cost is calculated using the 1997-98 January mid -year revised Budget. General Municipal Budget for Fiscal Year 1997-98: City Council 80,385 City Manager 357,525 City Clerk 184,518 City Attorney 93,000 Finance 184,345 General Government 597,237 Community Relations 83.400 TOTAL 1,580,410 Municipal administrative costs are subtracted from the 1997-98 mid -year budget (10,395,402) to allow for the complete allocation of those costs. This provides us with an adjusted City Budget. Adjusted City Budget= 8,814,992 Because of the usage of the Budget as a measure for determining the allocation rate for municipal administrative costs, an overhead rate can be established by dividing total indirect costs by the adjusted budget figure Proposed City Overhead Rate -18% The proposed new rate is an increase of .25%. The minimal increase is contributed to the increase in rent, utilities and staff over seven years. Ml ATTACHMENT C BUILDING AND SAFETY The Building and Safety Department is involved primarily with permit and inspection activities on private property. These traditional activities include plan checking prior to permit issuance and the issuance of building, plumbing, and electrical permits for buildings and structures. Permits authorize the construction to proceed, and the permit fee is intended to cover the cost of inspection and related overhead. A fee is charged for plan checking the project prior to permit issuance, and the plan check fee covers that cost plus related overhead. Building and Safety activities are regulated and controlled very closely by State Law and local ordinances. State Law specifies the codes (building, electrical, plumbing, and mechanical) that must be adopted by cities. Cities are permitted to make technical amendments to those codes only if justified by local climatic or other technical reasons. The Uniform Codes published by the International Conference of Building Officials (ICBG) plus the National Electrical Code are the codes required to be used by cities in California. However, the administrative provisions of these codes, including fees, may be amended by the adopting cities. Building permit fees historically have been calculated as a percent of construction valuation using a sliding scale. The percent decreases with increased construction cost to reflect the fact that because a building costs twice as much money to build, does not necessarily mean that twice as much inspection time is required. This method of determining permit fees obviously reflects an average cost, but has historical acceptance and has been shown to be reasonably reflective of costs. Many jurisdictions adjust these standard tables to more closely recover their actual costs. The Uniform Building Code sets a standard that 65% of the building permit fee be charged for plan checking. As the complexity of building and structure design has increased because of such things as seismic design, new materials, and new design methods, actual plan checking costs have increased to 85% or more of the building permit fee. Some cities have found that for certain building types and uses, the cost of plan checking actually exceeds the inspection cost. The City of Diamond Bar charges a plan check fee of 85% of the building permit fee. The 85% plan check fee is a standard fee for a majority of the surrounding cities. The City of Diamond Bar adopted the State Building Codes. Although the codes have been updated as required by State Law, the permit and plan check fees remain unchanged, since 1991. The updated codes are essentially the Uniform Codes plus the City's technical amendments. C-1 8 The City of Diamond Bar contracts all building and safety activities to a private consulting firm. A private consulting firm will generally provide complete plan checking, inspections, counter, and administration services for a percentage of the plan check and permit fees (typically the range is. 75 to 90%). The remainder of the fee is used by the City to cover general City costs related to the Building and Safety activities and department and City overhead. RECOMMENDATIONS It is recommended that the City continue to utilize the current fee format with an adjustment to the actual fees to reflect City costs. The valuation is determined administratively through tables published by the International Conference of Building Officials. This method is used by the majority of cities and is recommended to be continued. Due to the City not amending its fees since July, 1991, on average the Building and Safety Fees are increasing by 35%. New categories are established such as the extension of permits, temporary certificate of occupancy, review of electrical signs, inspection of septic tanks, and review of walls/fences along the public right of way. The fees have been set forth in a table showing the present fees and the proposed fees for ease of comparison. C-2 E ATTACHMENT D ENGINEERING/PUBLIC WORKS The Engineering/Public Works Department provides engineering and inspection services to private development and property, as well as being responsible for construction improvements within the public right of -way. Activities related to private development and property include: ♦ Grading permits and plan checking for private property. ♦ Retaining walls on private property that are not a part of a building. ♦ Review and input into tentative tract and parcel maps, conditional use permits and other planning processes. ♦ Final tract and parcel map analysis, easement checking, and similar activities. ♦ Review of traffic analysis. ♦ Review of hydrology reports. Activities within the public right-of-way include the plan checking and inspection of. ♦ Streets ♦ Storm drains ♦ Sewer and water lines ♦ Utility installation ♦ Off-site improvements ♦ Street vacations/dedications Currently, the City utilizes a combination of set fees for relatively minor projects such as curb cuts and driveway approaches, "actual cost" fees and deposits for various activities. The fees have not been revised since 1991. The City of Diamond Bar contracts the majority of its Engineering plan check and inspection work to a private consulting firm. The firm provides services for a percentage of the fees collected. The City adds the general overhead to the amount charged by the private consultants. RECOMMENDATIONS The engineering fee method combining set fees and "actual cost" fees is recommended. In several instances, new fee categories have been added to provide for fees and services that are not presently covered adequately. New categories include drainage/parking lot review, septic tank plan check, certificate of corrections and time extensions. The fees have been set forth in a table showing the present fees and the proposed fees for ease of comparison. D-1 10 ATTACHMENT E PLANNING The Planning Department provides the community with long and short term planning in order to coordinate and monitor growth and development. The Department develops and implements the General Plan and prepares and administers the zoning and subdivision ordinance. The Planning Department is involved with the processing of development applications, assisting the public with zoning and development issues and resolving code enforcement issues and insures that all projects receive the required environmental review in compliance with CEQA. Additionally, it provides technical support to the City Council and various planning related committees and commissions. The Planning Division maintains and updates records for the general public and coordinates projects and programs with other governmental agencies. The Planning Division is currently functioning under a fee system which has both set/rate fees and "actual cost" fees. The majority of the projects that require a public hearing before the Hearing Officer, Planning Commission or City Council are "actual" cost fees and deposits are required. Projects that are handled routinely and administratively by the planning staff have set fees. New categories of recommended fees include the extension of time fee, deposit for annexations, and CC& R review. RECOMMENDATIONS The planning fee method of combining set fees and "actual cost" fees is recommended to remain the same. In several instances, new fee categories have been added to provide for fees and services that are not presently covered adequately. The fees have been set forth in a table showing the present fees and the proposed fees for ease of comparison. E-1 11 RESOLUTION NO. 98 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING AND ADOPTING SCHEDULES OF RATES, FEES AND CHARGES FOR SERVICES PROVIDED BY THE BUILDING AND SAFETY, ENGINEERING/PUBLIC WORKS, AND PLANNING DEPARTMENTS OF THE CITY OF DIAMOND BAR A. Recitals, (i) The City Council of the City of Diamond Bar has heretofore established various schedules of rates, fees and including, but not limited to, rates, fees and charges for the processing of applications, issuance of permits and related public services. (ii) Pursuant to the provision of the California Constitution and the laws of the State of California, the City of Diamond Bar is authorized to adopt and implement rates, fees and charges for municipal services; provided, however, that such rates, fees and/or charges do not exceed the estimated reasonable cost of providing such services. (iii) California Government Code Section 66017 requires notice to be given, and data made available, at rates, fees and charges or the adoption of new rates, fees and charges, for zoning variances, zoning changes, use permits, building inspections, building permits and related planning and zoning services ("development fees" sometimes thereinafter) at a public meeting of this City Council. (iv) California Government Code Section 66018 requires notice to be published in accordance with California Government Code Section 6062a and data made available concerning rates, fees and charges prior to conducting a public hearing with respect to the adoption of increases in rates, fees and charges or the adoption of new rates, fees and charges for which no other procedures is provided by law. (v) Pursuant to California Government Code Section 66016, this City Council has held at least one public meeting and received oral and written presentations thereat, with respect to "development fees" prior to the adoption of this Resolution. (vi) Pursuant to California Government Code Section 66018, the City Council conducted and concluded a duly noticed public hearing with respect to the rates, fees and charges not included within the "development fees" described above, prior to the adoption of this Resolution. (vii) This City Council desires to adjust the rates, fees and charges and to implement new rates, fees and charges for various governmental services provided by the City of Diamond Bar as set forth herein. 12 (viii) All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond Bar as follows: In all respects as set forth in the Recitals, Part A, of this Resolution. 2. This City Council hereby finds and determines that, based upon the data, information, analyses, oral and written documentation presented to this City Council concerning the fees and charges described in Exhibit "A", attached hereto and by this reference incorporated herein, the rates, fees and charges set forth in said Exhibit "A" do not exceed the estimated reasonable cost of providing the service for which the rate, fee or charge is levied. 3. The rates, fees and charges set forth in Exhibit "A", as further described below, hereby are adopted and approved as the rates, fees and charges for the services identified for each such rate, fee and/or charge. 4. The rates, fees and charges set forth in Exhibit "A" and each of them, shall be effective and shall be implemented commencing , 1998. 5. Immediately upon the effective date of the rates, fees and charges set forth in Exhibit "A" inclusive, and previously established rate, fee and/or charge shall be, and the same hereby is, superseded by the rates, fees and charges established in said Exhibit "A". PASSED, APPROVED AND ADOPTED this day of 1998. Mayor 13 I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on day of , 1998, by the following Roll Call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAINED: COUNCILMEMBERS: ATTEST: LYNDA BURGESS, City Clerk City of Diamond Bar 14 V 4 U x bC) b6 0 � Wopo r. 00 p H W •b .5 ona�� a 'aj' W.5 a-�; U v o o W ti g o y N t+ 46 b V a tt= F 4� •:+ W � 0 0. v o n c c U G 0 CAa oU x o a C)964 _ ci 00 V ¢Q ¢Q00 o� CWJ w v��w°Ob�•3� w A O U = v O w mu aoi W U N O ,O O -Cj O d o a w F U_ %.t,� r c CA V by O W 04 a z � ¢• � N O F O F t > b cF ° ed n 0 N ° `� ° O0' o Z VV1 o Z� C �O ' ~ ° ° � F �0 ami aFi '.,' O OU o y F 42 vi ed O U O U L' C) U O. 0 4� r F 69 O o �+ c U o 0,°, >� a a� U�° dQ dC 6 d a 60464 60� V 4 U H W •b .5 ona�� a 'aj' W.5 a-�; U v o o W ti g o y N t+ 46 b V a tt= F 4� •:+ U W � 0 0. v o n ti G 0 34 V o� CWJ w v��w°Ob�•3� w A W o a w CA W 04 a z w w U VV1 Z� [7 V Hw z0"75 O OU � HW a vWWWi � � AU¢ N O O O G p C) A O v� oo r r, Oo ry 00 o O46oq Vl V VIp W Z ~ H � o y `L O A 1-4 �U o ° 0 0 0 W 0 p o o w o o p o 25 o 0 0 o p" (�•� O Ts o� an = 0 oos�,'n"90i A p •-ibfA Qq y O 'b O :g /O 0 o 64 a o o 0 0 C5 CD ioq � w � w � w � t„ 00 00 I., 00 p C) o A O a °Y' o o 6 i'so � � w �o o , c� V 00 s-, g O 0CA O a 0 Wcc(U� v U ¢ H 0 O O O O O 00 O G U C p p �_ C> r.0469 O C) wa wa �'d a C =6N4+~+69 j O yg b O O 'fid b C/1 p> c l� cd 03 Q p pEli 4 O V W .- U U U o W V4�—.iO ti C �1 r°i M t�j 0� W e� W c� W c�" w �" OHO rO� F. 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U a cd tin v� > a� ~" tj o ° cj p ai A ami abi n�i U W U U U U rs3 0 °o Ccl>,b4i d y o n Oz U U 2:1 `�$ In 3 a�i 11) tg tm -0 r�b��104 a �� PE gC2 a a zU z w Q ° w ¢ U O z.gz o < � n W-. v, ., . Wa UO a N co b 0 b G 00 N -b b oo W kn a 4&S .0 a COO Z lull -10 0 U U CU} c~O W NO ^p n ti Q^ o o78 Q, to U W " 8 b o r. z oCd0 0 o o �� 0 °b°o o� V7 69 O W)10 O v + v th "C N b e� b N O O tt b w CO .In.b a 42, C 4: a> z U a� p N U .O O 0 '� w~.2 ; c„ bo C .5V Cd CA Q' CA Q > .o a o " rJ TT.. ': E �y a 0 0 a o `o' �~ �' 2 Q A N o w�°o' ao °a, 2cb U Y u r a ., c 0.0 i .> o �' a o o o'o:F a o• bo a �+ w U Z H Q U u w > v, U P P.Q Q U U U d C'w WW E- 4 U vwi 00 N Carol Herrera Mayor Wen Chang Mayor Pro Tem Eileen R. Ansari Council Member Robert S. Huff Council Member Deborah H. O'Connor Council Member R,C,,/td P,Der April 20, 1998 City of Diamond Bar 21660 E. Copley Drive, Suite 100 • Diamond Bar, CA 91765-4177 (909) 860-2489 - Fax (909) 861-3117 Internet http://www.ci.diamond-bar.ca.us - City Online BBS,: (909) 860-5463 Frank L. Williams, Executive Officer BIA - Baldy View Chapter 9227 Haven Avenue, Suite 280 Rancho Cucamonga, CA 91730 Dear Mr. Williams: This letter is in response to my phone message of March 31, 1998 regarding the City's development fees. The Diamond Bar City Council will be conducting a public hearing regarding the review of development fees on May 5, 1998 at 7:00 p.m. Attached is a copy of the public hearing notice. If you have any questions, or would like a copy of the report, please feel free to contact Jim DeStefano, Deputy City Manager at 909/396-5676 or myself at 909/396- 5690. Sincerely, Kellee A. Fritzal Assistant to the City Manager Attachment NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN by the City of Diamond Bar that a Public Hearing will be conducted on Tuesday, May 5, 1998, at 7:00 p.m., or as soon thereafter as the matter can be heard, in the South Coast Air Quality Management District Auditorium , 21865 Copley Drive, Diamond Bar, California for the purpose of considering the following: Review the 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. ALL INTERESTED PERSONS are invited to attend said Hearing and express opinions on the matter outlined above. FURTHER INFORMATION may be obtained by calling the Office of the City Manager at (909) 396-5690 or the City Clerk's Office at (909) 860-2489. CITY OF DIAMOND BAR /s/ Lynda Burgess Lynda Burgess, City Clerk DATED: April 5, 1998 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN by the City of Diamond Bar that a Public Hearing will be conducted on Tuesday, May 5, 1998, at 7:00 p.m., or as soon thereafter as the matter can be heard, in the South Coast Air Quality Management District Auditorium, 2.1865 Copley Drive, Diamond Bar, California for the purpose of considering the following: Review the 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. ALL INTERESTED PERSONS are invited to attend said Hearing and express opinions on the matter outlined above. FURTHER INFORMATION may be obtained by calling the Office of the City Manager at (909) 396-5690 or the City Clerk's Office at (909) 860-2489. CITY OF DIAMOND BAR _I Lvn a Burges _ Lynda Burgess, City Clerk DATED: April 17, 1998 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN by the City of Diamond Bar that a Public Hearing will be conducted on Tuesday, April 21, 1998, at 7:00 p.m., or as soon thereafter as the matter can be heard, in the South Coast Air Quality Management District Auditorium, 21865 Copley Drive, Diamond Bar, California for the purpose of considering the following: Review the 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. ALL INTERESTED PERSONS are invited to attend said Hearing and express opinions on the matter outlined above. FURTHER INFORMATION may be obtained by calling the Office of the City Manager at (909) 396-5690 or the City Clerk's Office at (909) 860-2489. CITY OF DIAMOND BAR /s/ Lynda Burgess Lynda Burgess, City Clerk A. DATED: April/', 1998 February 13, 1998 Mr. Terrance Belanger City Manager City of Diamond Bar 21660 East Copley Drive, 4100 Diamond Bar, CA 91765 Dear Mr. Belanger: Baldy View Chapter Building huhthtri Association of Southern California 9227 Haven Akveniw suite 280 Rancho Cucamonga. California 91730 909.945.1884 fax 909.948.9631 litp://w sw.biabuild.cout This letter is to provide a written request, as provided for by law (Government Code § 66016 (a)), to mail to the following address fourteen (14) days before any meeting, a written notification that a meeting is being held to consider the approval of a new fee or service charge or prior to approving an increase in an existing fee or service fee: Building Industry Association/Baldy View Region, Haven Avenue, Suite 280, Rancho( -1 camonga CA 9 173 0. We represent builder companies in your city. The government code that requires a local a,ency to provide the requested notification reads in part as follows - Government Code_ 66016 "(a) Prior to levying a new fee or service charge, or prior to approving an increase in an existing fee or service charge, a local agency shall hold at least one public meeting, at which oral or written presentations can be made, as part of a regularly scheduled meeting. Notice of the time and place of the meeting, including a general explanation of the matter to be considered, and a general explanation of the matter to be considered, and a statement that the data required by this section is available, shall be mailed at least 14 days prior to the meeting; to any interested party who tiles a written request with the local agency for inailed notice of the meeting on new or increased fees or service charges. Any written request for such mailed notices shall be valid for one year from the date of which it is filed unless a renewal request is filed on or before April 1 st of each year. The legislative body may establish a reasonable charge for sending notices..." Sincerely, Frank L. Willianis Executive Officer _ - -I I . 1:..... , , - c th!;—Iia. liuddinc in,lu-t r. 1--�.0 ui�iuu CITY OF DIAMOND BAR INTEROFFICE MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF THE (CITY COUNCIL FROM: TERRENCE L. BELANGER, CITY MANAGER` � RE: FISCAL YEAR 1997-98 BUDGET AMENDMENT #2 DATE: MAY 5, 1998 RECOMMENDATION: It is recommended that the City Council approve Budget Amendment #2 of the Fiscal Year 1997- 98 Municipal Budget. DISCUSSION: GENERAL FUND: The Municipal Budget for Fiscal Year 1997-98 (FY97-98), after the mid -year budget amendment, projected General Fund resources in the amount of $11,349,882 with appropriations amounting to $10,373,433. Revenues: Amendment 42 projects FY97-98 General Fund Resources to be $11,507,982. The projected additional General Fund revenues of $158,100 is due mainly to an increase in Current Service Charges and an increase in the appropriation of fund balance reserves. The Current Service Charges category increase reflect growth in revenues related to increased activity in the building and safety area and new activities being initiated by the City's recreation program. The $70,100 increase in appropriated fund balance reserves in being added to cover the estimated cost of expenditures related to the relocation of City Hall and the possible replacement of the City's copiers. Expenditures: The FY97-98 Municipal Budget estimates General Fund expenditures in the amount of $10,373,433. The Budget Amendment #2 estimates FY97-98 expenditures to be $10,612,948 which reflects an increase of $239,515. Of this increase $95,000 is for Legal Services. This covers additional costs incurred as a result of the development code adoption process and the several lawsuits filed against the City and by the City. As stated earlier, $70,100 of this increase is due the cost of the impending relocation of City Hall and the replacement of the City's copiers. NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN by the City of Diamond Bar that a Public Hearing will be conducted on Tuesday, April 21, 1998, at 7:00 p.m., or as soon thereafter as the matter can be heard, in the South Coast Air Quality Management District Auditorium, 21865 Copley Drive, Diamond Bar, California for the purpose of considering the following: Review the 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. ALL INTERESTED PERSONS are invited to attend said Hearing and express opinions on the matter outlined above. FURTHER INFORMATION may be obtained by calling the Office of the City Manager at (909) 396-5690 or the City Clerk's Office at (909) 860-2489. CITY OF DIAMOND BAR /s/ Lya Burgess Lynda Burgess, City Clerk DATED: April4, 1998 FY 1997-98 BUDGET AMENDMENT #2 MAY 5, 1998 PAGE TWO General Fund Balance: Projected year-end (FY97-98) increase in General Fund balance will be $895,034 which is a decrease of $81,415 from the mid -year estimated change in General Fund balance. OTHER FUNDS: Gas Tax Fund: The Budget Amendment #2 projects an increase in transfers -out to the General Fund of $15,000. This will fund the additional costs related to the City's traffic signal maintenance and street signing and striping efforts throughout the City. CITY OF DIAMOND BAR BUDGET AMENDMENT #2 GENERAL FUND ESTIMATED RESOURCES 1997-98 Current AttJusftd Bud AFnendt tt of Ex tion Property Taxes: Building Fees: 001-3001 Current Secured 1,800,000 21,450 1,800,000 001-3002 Current Unsecured 130,000 1,950 130,000 001-3005 Supplemental Roll 110,000 3,080 110,000 001-3020 Misc. Property Taxes 5,000 1,300 5,000 001-3416 Industrial Waste Fee 2,045,000 0 2,045,000 Other Taxes: Permit Issuance Fee 31,250 4,050 35,300 Budget Refinement 001-3101 Sales Tax 2,200,000 970 2,200,000 001-3120 Transient Occupancy 235,000 18,200 235,000 001-3121 Franchise 650,000 650,000 001-3130 Property Transfer 120,000 120,000 001-3441 Environmental Fees 3,205,000 0 3,205,000 Subventions - State: Current Planning Fees 50,000 50,000 001-3135 Motor Veh-in Lieu 2,450,000 2,450,000 001-3145 Homeowners Exemption 30,000 30,000 001-3180 Off Highway Tax 1,700 1,700 001-3462 Engr. Permit Issuance 2,481,700--- 0 2,481,700 Fines & Forfeitures: Engr. Encroachment Fee 3,000 3,000 001-3215 Traffic Fines 90,000 90,000 001-3220 General Fines 5,D00 5,000 001-3223 Parking Fines 70,000 70,000 001-3225 Impound Fees 15,000 15,000 001-3227 False Alarm Fees 50,000 50,000 001-3230 Narcotics Seizure 500 500 001-3235 Grafitti Restitution 500 500 231,000 0 231,000 From Other Agencies 001-3340 Environmental Enhancement Pgm 200,000 200,000 001-3355 Intergovt Revenue - Other Cities 250,000 250,000 450,000 0 450,000 Current Svc. Charges: Building Fees: 001-3411 Bldg Permits 165,000 21,450 186,450 Budget Refinement 001-3412 Plumbing Permits 15,000 1,950 16,950 Budget Refinement 001-3413 Electrical Permits 23,700 3,080 26,780 Budget Refinement 001-3414 Mechanical Permits 10,000 1,300 11,300 Budget Refinement 001-3416 Industrial Waste Fee 11,000 11,000 001-3420 Permit Issuance Fee 31,250 4,050 35,300 Budget Refinement 001-3425 Inspection Fees 7,500 970 8,470 Budget Refinement 001-3430 Plan Check Fee 140,000 18,200 158,200 Budget Refinement 001-3435 SMIP Fee 2,500 2,500 Planning Fees: 001-3441 Environmental Fees 10,000 10,000 001-3443 Current Planning Fees 50,000 50,000 001-3450 Miscellaneous Permits 500 500 Engineering Fees: 001-3461 Engr. Plan Check Fees 40,000 40,000 001-3462 Engr. Permit Issuance 4,000 4,000 001-3463 Engr. Encroachment Fee 3,000 3,000 001-3464 Engr. Inspection Fees 120,000 120,000 CITY OF DIAMOND BAR BUDGET AMENDMENT #2 GENERAL FUND ESTIMATED RESOURCES 1997-98 Current Svc. Charges (cont'd): Recreation Fees: 001-3472 Community Activities 26,000 26,000 001-3473 Senior Activities 8,000 3,800 11,800 Budget Refinement 001-3474 Athletics 56,000 12,000 68,000 Budget Refinement 001-3476 Fee Programs 65,000 6,200 71,200 Budget Refinement 001-3478 Contract Classes 140,000 140,000 001-3479 Special Event Fees 70,000 70,000 998,450 73,000 1,071,450 Use of Money: 001-3610 Interest Earnings 600,000 600,000 001-3615 Returned Check Charges 500 500 001-3620 Rents 8 Concessions 15,000 15,000 001-3635 Sale/Printed Material 6,000 6,000 001-3636 Sale/Printed Material - Engineering 500 500 001-3690 Miscellaneous 5,000 5,000 001-3710 Donations 0 627,000 0 627,000 Interfund Transfers 001-3915-9111 Gas Tax 641,750 15,000 656,750 TrSgl Maint, Signing & Mkg Inc 001-3915-9113 Prop C - Transit Fund 10,800 10,800 001-3915-9126 COPs Fund 54,300 54,300 706,850 15,000 721,850 Appropriated Fund Balance 604,882 70,100 674,982 Copiers, Cabling, Furn, Mvrs GENERAL FUND TOTAL 11 348,882 158,100 11,507,982 GITY OF DIAMOND OAK FY 1997-98 BUDGET AMENDMENT #2 GENERAL FUND EXPENDITURES City Council 001-4030-1200 750 500 1,250 Budget Refinement Operating Supplies 001-4010-1200 1,500 500 2,000 Equip New Council Offices Printing 001-4010-2110 550 1,000 1,550 Business Cards/Stationary Professional Svcs 001-4010-4000 36,000 4,000 40,000 Budget Refinement Net Change - City Council 1,500 (500) 5,500 Travel - Conf & Meetings City Attorney 7,500 2,500 10,000 ICSC Promotional Items Prof Svcs - Gen[ Legal Svcs 001-4020-4020 75,000 25,000 100,000 Dev Code Adopt, B Refinement Prof Svcs - Spcl Legal Svcs 001-4020-4021 80,000 70,000 150,000 IPS, Beach-Courchesne, etc Net Change - City Attorney 95,000 CS - Building & Safety City Manager Supplies 001-4030-1200 750 500 1,250 Budget Refinement Maintenance- Equipment 001-4030-2210 800 (200) 600 Budget Refinement Fuel 001-4030-2310 1,000 250 1,250 Budget Refinement Meetings 001-4030-2325 2,000 200 2,200 Budget Refinement Net Change - City Manager 1,500 (500) 250 Travel - Conf & Meetings City Clerk 7,500 2,500 10,000 ICSC Promotional Items Phone 001-4040-2125 400 100 500 Budget Refinement Mileage 001-4040-2335 200 200 400 Budget Refinement Net Change - City Clerk 300 CS - Building & Safety General Government 250,000 31,000 281,000 Budget Refinement Postage 001-4090-2120 25,000 5,000 30,000 Increased Public Notification Maintenance of Grounds/Bldgs 001-4090-2210 17,000 300 17,300 CAM, Security Publications 001-4090-2320 2,000 100 2,100 Budget Refinement Meetings 001-4090-2325 9,000 1,200 10,200 Study Sessions, 4 Crnrs, Qtrly Shrf Professional Svcs -Data Proc 001-4090-4030 19,000 13,300 32,300 FMS, Cabling New Ofc Space Contract Services 001-4090-5000 0 3,000 3,000 Movers - City Hall Office Equipment 001-4090-6200 2,000 50,000 52,000 Xerox Machine Replacement Office Equipmnt-Furniture 001-4090-6220 64,548 6,100 70,648 Workstations -Secretaries Computer Equipment-Sftware 001-4090-6235 64,817 200 65,017 Budget Refinement (FMS) Net Change - General Govt 74,200 Communications & Marketing Operating Supplies 001-4095-1200 9,500 1,000 10,500 Budget Refinement Postage 001-4095-2120 12,000 (5,000) 7,000 Budget Refinement Net Change -Com & Marketing (4,000) Economic Development Postage 001-4096-2120 1,500 (500) 1,000 Budget Refinement Travel - Conf & Meetings 001-4096-2330 7,500 2,500 10,000 ICSC Promotional Items 001-4096-2352 8,500 1,500 10,000 -Budget Refinement Net Change -Economic Development 3,500 Building & Safety CS - Building & Safety 001-4220-5201 250,000 31,000 281,000 Budget Refinement CITY OF DIAMOND BAR FY 1997-98 BUDGET AMENDMENT #2 GENERAL FUND EXPENDITURES Community Services Admin Operating Supplies 001-4310-1200 Advertising 001-4310-2115 Rental/Lease - Equipment 001-4310-2130 Travel-Conf & Mtgs 001-4310-2330 Education & Training 001-4310-2340 Net Change - Com Svcs Admin Heritage Park Maint - Grounds & Bidgs 001-4313-2210 Heritage Park - Community Center Part Time Wages 001-4314-0030 Worker's Comp Exp 001-4314-0083 Departmental Supplies 001-4314-1200 Summitridge Park Capital Improvements 001-4328-6410 Recreation Services Operating Supplies 001-4350-1200 Concerts in Park 001-4350-5305 Excursions 001-4350-5310 Law Enforcement Crossing Guard Services 001-4411-5531 Misc Equipment 001-4411-6250 Emergency Preparedness 6,750 1,500 8,250 Budget Refinement 90 1,000 1,090 Recruitment Ads 1,450 125 1,575 Budget Refinement 3,500 800 4,300 Budget Refinement 800 1,500 2,300 Playgrd Safety, OSHA Contr Svcs - Signal Maint 4,925 104,020 4,500 1,800 6,300 Memorial Bench 25,200 9,650 34,850 Budget Refinement 2,100 700 2,800 Status Change CS Coordinator 3,000 500 3,500 Budget Refinement 10,850 5,000 (5,000) 0 Budget Refinement 44,600 14,640 59,240 New Programs 15,300 2,100 17,400 Addnl June Concert 43,200 7,500 50,700 Incr Youth Excur/Quakes Excur 24,240 55,000 5,000 60,000 Addnl Intersection Coverage 5,000 (5,000) 0 Equip to be purchased w/COPs Fd 0 Utilities 001-4440-2126 200 150 350 Budget Refinement Public Works Admin Traffic & Transportation Professional Svcs 001-4553-4000 8,500 1,500 10,000 Min Secr-Schl Stdy,Task Forces Contr Svcs - Inspections 001-4510-5227 112,054 15,000 127,054 Budget Refinement Contr Svcs - Signal Maint 001-4510-5507 104,020 5,000 109,020 Budget Refinement Contr Svcs - Marking & Signs 001-4510-0020 50,000 10,000 60,000 Budget Refinement Net Change -Public Works Admin 30,000 Engineering Education & Training 001-4551-2340 1,000 300 1,300 Tuition Reimb-Staff Contr Svcs - Plan Check 001-4551-5223 65,743 (30,000) 35,743 Budget Refinement (29,700) Traffic & Transportation Professional Svcs 001-4553-4000 8,500 1,500 10,000 Min Secr-Schl Stdy,Task Forces Total Proposed Change 239,515 Change in General Fund Resources 11,349,882 158,100 11,507,982 Change in General Fund Appropriations 10,373,433 239,515 10,612,948 Change in Fund Balance $976,449 ($81,415) $895,034 R6�EV6L�PMFNT AGENCY OF 'r"= c111 of DEQ REGULAR MEETING OF THE BOARD OF DIRECTORS APRIL 21, 1998 1. CALL TO ORDER: C/Huff called the meeting to order at 9:33 p.m. ROLL CALL: Agency Members Chang, Herrera, O'Connor, VC/Ansari, Chair/Huff Also present were: Terrence L. Belanger, Executive Director; Michael Jenkins, Agency Attorney; James DeStefano, Deputy City Manager; David Liu, Deputy Public Works Director; Bob Rose, Community Services Director; Mike Nelson, Communications and Marketing Director; Linda Magnuson, Assistant Finance Director and Tommye Nice, Deputy Agency Secretary. 2. PUBLIC COMMENTS: None offered. 3. CONSENT CALENDAR: AM/Herrera moved, AM/Chang seconded, to approve the Consent Calendar as presented. 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 April 7, 1998 - as submitted. 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: None AGENCY ADJOURNMENT: There being no further business to conduct, Chair/Huff adjourned the meeting at 9:35 p.m. ATTEST: Chairman TOMMYE NICE Deputy Agency Secretary FY 1997-98 BUDGET AMENDMENT #2 SPECIAL FUND REVENUE & EXPENDITURES ......... ... 00000 .... ........... ..... .................... ....... . . . .. ....... ................. .. ........ .......... .. .. . .... ..... ..... ......... .. MW .. .. ------------- ---- ... . ..... _ .... . GAS TAX FUND Transfer -Out General Fund 1114915-9001 641,750 15,000 656,750 -Increased Traffic Signal Maint Net Change - Gas Tax Fund 15,000 FY 1997-98 BUDGET AMENDMENT #2 SPECIAL FUND REVENUE & EXPENDITURES GAS TAX FUND Transfer -Out General Fund 111-4915-9001 641,750 15,000 656,750 Traffic Signal Maint, Signing & Strpg Net Change - Gas Tax Fund 15,000 DIAMOND BAR REDEVELOPMENT AGENCY INTEROFFICE MEMORANDUM TO: Chairman Huff and Board of Directors FROM: Linda G. Magnuson Assistant Finance Director SUBJECT: Voucher Register, May 5, 1998 DATE: April 30, 1998 Attached is the Voucher Register dated May 5, 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 $7,460.75 is hereby allowed from the Diamond Bar Redevelopment Agency Fund. APPROVED BY: xe� Li da G. a nuson Assistant Finance Director i '4WW rrence L. Belanger Executive Director Robert S. Huff Chairman Eileen R. Ansari Vice Chairman RUN TIME: 15:46 04/29/'n 0 0- E t 3 S WE T'HRO.............05,1,` 0 S VENDOR NAME VENDOR ID. * PREPAID +� ACCOUNT PROJ.TX-NO BATCH PO.LINE/NO. EN MY/WE INVOICE DESG;IPTION AMOUNT DATE - (BECK ----------------------------------------------------------------------------------------------------------------------------------- Norris-Repke Inc. NoarisRepk *002-4110-6411 R0198 2 80505A 01/7015 04/29 05/05 9703-2 CIP-BrCyn/G1dSp/Pthfdr 6,376.50 TOTAL DUE VENDOR --------) 6,376.50 O'Rourke Engineering O'Rourke }002-4110-5222 2 80505A 01/6936 04/29 05/05 2 TrfcSignalWarrntAnalys 1,084.25 TOTAL DUE VENDOR --------) 1,084.25 TOTAL PREPAID -----------) 0.00 TOTAL DUE ---------------) 7,460.75 TOTAL REPORT ------------) 7,460.75 RLW )IME' 15:46 04/29/98 V O U C H E n n E G 1 S T E R PAGE 1 FUND SUMMARY REPORT DUE THRU.............05/OS/98 DISEASE G/L UJE WILL POS.' GJE NAS POSTED FUTURE TRANSACTIONS FUND TOTAL DIRECT PAY REVENUE EXPENSE REVENUE EXPENSE REVENUE EXPENSE ------------------------------------------------------------------------------------------------------------------------------------ 002 08 Redevelopment 7,460.75 7,460.,5 TOTAL------------------------------------------------------------------------------------------------ ALL FUNDS 7,460.75 7,460.75 UILIU C U1r 'UU%MV"" Dmm AGENDA REPORT AGENDA NO. TO: Honorable Chairman and Board Members MEETING DATE: May 5, 1998 REPORT DATE: April 29, 1998 FROM: Terrence L. Belanger, Executive Director TITLE: Contract Amendment with O'Rourke Engineering for Traffic Signal Warrant Study SUMMARY: The Diamond Bar Redevelopment Agency awarded a contract to O'Rourke Engineering to conduct signal warrant analysis at sixteen (16) intersections (see attached staff report for a list) for $10,645. Subsequent to the award, the intersection of Brea Canyon Road/Silver Bullet Drive was added for analysis. Analysis of this intersection, which will cost $665, will be paid by the requested $500 increase, and the remaining funds from the original contract of $11,000. RECOMMENDATION: That the Diamond Bar Redevelopment Agency amend Advance and Reimbursement Agreement Number 6 and the contract agreement with O'Rourke Engineering from $11,000 to $11,500. 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 — 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? _ Yes — No Which Commission? N/A 5. Are other departments affected by the report? N/A — Yes — No Report discussed with the following affected departments: REVIEWED BY: fflA2_�_ Terrence L. Belanger City Manager 2es Deputy Ci Manager 4a�edGL�iu�� Deputy Director of Public Works CITY COUNCIL REPORT AGENDA NO. _ MEETING DATE: May 5, 1998 TO: Honorable Chairman and Board Members FROM: Terrence L. Belanger, Executive Director SUBJECT: Contract Amendment with O'Rourke Engineering for Traffic Signal Warrant Study ISSUE STATEMENT: Amend Advance and Reimbursement Agreement Number 6 and the contract agreement with O'Rourke Engineering to include the intersections of Northbound SR 57 On -Ramp at Diamond Bar Boulevard and Brea Canyon Road at Silver Bullet Drive as part of the traffic signal warrant study. RECOMMENDATION: That the Diamond Bar Redevelopment Agency amend Advance and Reimbursement Agreement Number 6 and the contract agreement with ORourke Engineering from $11,000 to $11,500. FINANCIAL SUMMARY: The approved recommendation will allocate an additional $500 from the Redevelopment Agency. BACKGROUND/DISCUSSION: On February 3, 1998, the Diamond Bar Redevelopment Agency awarded a contract, in an amount not -to -exceed $9,980 with a contingency amount of $1,000, to ORourke Engineering to conduct a signal warrant study at the following sixteen (16) intersections: 1. Diamond Bar Boulevard/Morning Canyon Road; 2. Diamond Bar Boulevard/Silverhawk Drive; 3. Diamond Bar Boulevard/Maple Hill Road; 4. Diamond Bar Boulevard/Clear Creek Canyon Drive; 5. Pathfinder Road/Peaceful Hills Road; 6. Brea Canyon Road/Glenbrook Drive; 7. Grand Avenue/Cleghorn Drive; 8. Grand Avenue/Cahill Place; Page Two O'Rourke Engineering May 5, 1998 9. Golden Springs Drive/Rancheria Road; 10. Golden Springs Drive/San Leandro Drive; 11. Golden Springs Drive/Sylvan Glen Road; 12. Golden Springs Drive/High Knob Road; 13. Golden Springs Drive/Rapid View Drive; 14. Lemon Avenue/Lycoming Street; 15. Southbound SR 57 On/Off-Ramps/Diamond Bar Boulevard; and 16. Northbound SR 57 On-Ramp/Diamond Bar Boulevard. The abovementioned sixteen (16) intersections will cost $10,645. Subsequent to the award of this contract, the intersection of Brea Canyon Road/Silver Bullet Drive was added for analysis. The cost of analyzing this intersection will be $665. This amount will be paid with remaining contract funds and the $500 increase that is being requested. Prepared By: David G. UuMeday Aberra r� O'ROURKE ENGINEERING MEMORANDUM Date: April 29, 1998 To: Mr. David G. Liu, City of Diamond Bar A"C Fwd.y AwnuM Fax: (909) 861-3117 Sint 120 cNii°edFrom: Susan O'Rourke, O'Rourke Engineering 790 431-0760 Fax 700 491-0672 Subject: Addendum #2 to the Traffic Signal Warrant Analysis Project a 416 N.'Aneyard z o O'Rourke Engineering is pleased to present this addendum to the Traffic Signal OrWo Warrant Analysis Project to include the intersection of Brea Canyon Road and CWHarrJa 01784 Silver Bullet Drive in the analysis. We will perform the same tasks for this 909 937.0221 Fac aw 937-0199 intersection as outlined for the other 16 intersections currently included. O'Rourke Engineering will provide the services outlined above for a lump sum fee of $665.00. Upon completion of the analysis for this additional intersection, the results will be provided for you review and comment. The results of this analysis and your comments regarding the draft report will be incorporated into a final report. Under the scope of the original contract, two copies of the report, including color photographs, will be provided to you. If additional color copies are requested, they will be available at an additional owt. b.\dk&ia2.add EXHIBIT "A" ADVANCE AND REIMBURSEMENT AGREEMENT NUMBER 6 FOR ADMINISTRATIVE AND OVERHEAD EXPENSES This Agreement is made as of the 17th day of February , 1998, by and between the CITY OF DIAMOND BAR (the "City") and the DIAMOND BAR REDEVELOPMENT AGENCY (the "Agency"). A. RECITALS: A. Pursuant to the Community Redevelopment Law (California Health and Safety Code Section 33000, et.sea.) the City is undertaking a program for the redevelopment of blighted areas in the City. B. The Agency is utilizing the staff and other resources of the City. The City Manager of the City serves as Executive Director of the Agency and it is anticipated that the staff of the City, the Community Development Department and the Public Works Department will devote substantial time in gathering information relating to redevelopment of blighted areas within the City, conferring with developers and potential developers of land within such blighted areas or the survey area, and conferring with public officials representing the taxing agencies and other governmental agencies regarding redevelopment. C. By providing and making available to the Agency the staff and other resources of the City, and by providing and making available to the Agency office space, equipment supplies, insurance, and other City services and facilities, the City has advanced and will continue to advance the cost of the foregoing to the Agency. D. The City and the Agency desire to enter into this Agreement to acknowledge the foregoing recitals and to provide for an appropriate method of reimbursement of such advances by the Agency to the City. NOW, THEREFORE, THE PARTIES DO HEREBY AGREE AS FOLLOWS: Section 1. The City shall make available to the Agency its staff resources, office space, equipment, supplies, insurance and other services and facilities. The Agency shall have access to the services and facilities of the Planning Commission, the Community Development Department, the Public Works Department, the City Engineer, the other departments and offices of the City and the City Attorney. Section 2. The value of the staff resources, office space, equipment, supplies, insurance and other services and facilities, as determined by the City Manager pursuant to Section 4 hereof, shall constitute a loan for the administrative expenses and overhead of the Agency to be repaid in accordance with this Agreement. Section 3. On or prior to July 1 st of each year, each of the department heads shall prepare and submit to the City Manager a detailed accounting of time spent during the immediately preceding fiscal year by department personnel on matters for or related to the Agency, the implementation of the overall program for the redevelopment of blighted areas within the City, and any undertaking in furtherance of a redevelopment plan by the City, the Agency, or any related or subordinate public entity of the foregoing. Each department head shall also prepare and submit to the City Manager a detailed accounting of the use of all office space, equipment, supplies, insurance, and other City services and facilities used by department personnel in connection with time spent on the foregoing. Section 4. Based upon the foregoing detailed accounting prepared and submitted by each of the department heads, the City Manager shall calculate the total of such time. The City Manager shall calculate the total of such time. The City Manager shall further calculate the total aggregate time spent by all City personnel during such fiscal year, and shall then determine the percentage of time spent on matters related to redevelopment as described above. The City Manager shall further determine the fair rental value of the office space and equipment, and the value of supplies, insurance, and other City services and facilities used during such fiscal year. Based upon the percentage of staff time spent on matters related to redevelopment, as calculated above, the City Manager shall determine a fair, reasonable and appropriate rental amount to charge to the Agency for the use thereof during such fiscal year. Section 5. The Agency shall pay to the City, upon demand, the time charges, and the fair rental value of office space, equipment, supplies, insurance and other City services and facilities used during such fiscal year, as determined by the City Manager in accordance with Section 2 above. The Agency shall pay such charges, rental value and other value from any funds of the Agency lawfully available therefor; provided, however, that the obligation of the Agency shall be subordinate to any bonds, notes or other obligations of the Agency issued pursuant to law, and to any other obligation of the Agency incurred prior to the date of adoption of this Agreement. Section 6. The City Manger shall review, from time to time, amounts previously paid by the Agency to the City, which amounts were intended to reimburse the City for the time spent by staff of the City, and for the use of office space, equipment, supplies, insurance and other City services and facilities by the Agency. In the event that the City Manager determines following such review that additional moneys are due and owing to the City, the City Manager shall make immediate demand therefor. In the event that the City Manager determines following such review that the City has overcharged the Agency for such use, the City Manager shall apply a credit in the amount of such overcharge to the next demand 2 or demands made to the Agency pursuant to this Agreement. Section 7. In addition to the City making available to the Agency its staff resources, office space, equipment, supplies, insurance and other services and facilities pursuant to Section 2 hereof, the City shall, from time to time and at the request of the Executive Director of the Agency, advance funds to the Agency in such amounts as the City Manager deems necessary for the administrative expenses and overhead of the Agency, including, but not limited to, expenses of redevelopment planning and dissemination of redevelopment information. Such amounts shall constitute a loan for the administrative expenses and overhead of the Agency. The aggregate amount which may be advanced to the Agency pursuant to this Section 7 shall not exceed $11,000.00. Section 8. Amounts not paid by the Agency to the City within 30 days of demand therefor pursuant to this Agreement shall bear interest at the average daily rate as determined by the Treasurer of the City paid to the City on its funds invested in the Local Agency Investment Fund from the date of such demand to the date of repayment. ATTEST: City Clerk ' ATTEST: Secretary CITY OF DIAMOND BAR By �,OW�k'g, Mayor DIAMOND BAR 7OPMENT AGENCY hai RESOLUTION NO. RA 98-01A A RESOLUTION OF THE DIAMOND BAR REDEVELOPMENT AGENCY AMENDING ADVANCE AND REIMBURSEMENT AGREEMENT NUMBER 6 WITH THE CITY OF DIAMOND BAR The City Council of the City of Diamond Bar hereby amends Section 7 of the Advance and Reimbursement Agreement Number 6 with the Diamond Bar Redevelopment Agency as follows: SECTION 7. In addition to the City making available to the Agency its staff resources, office space, equipment, supplies, insurance and other services and facilities pursuant to Section 2 hereof, the City shall, from time to time and at the request of the Executive Director of the Agency, advance funds to the Agency in such amounts as the City Manager deems necessary for the administrative expenses and overhead of the agency, including, but not limited to, expenses of redevelopment planning and dissemination of redevelopment information. Such amounts shall constitute a loan for the administrative expenses and overhead of the Agency. The aggregate amount which may be advanced to the Agency pursuant to this Section 7 shall not exceed $11-500.00 PASSED, APPROVED AND ADOPTED this day of Chairman I, Lynda Burgess, Secretary of the Diamond Bar Redevelopment Agency do, hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the Diamond Bar Redevelopment Agency held on the day of , 1998, by the following vote: AYES: AGENCY MEMBERS: NOES: AGENCY MEMBERS: ABSENT: AGENCY MEMBERS: ABSTAINED: AGENCY MEMBERS: Lynda Burgess, Secretary AGENDA NO. RA 4.1 SEE CITY COUNCEL AGENDA NO. 7.2 STUDY SESSION: a. b. 1. CLOSED SESSION: 2. 3. Next Resolution No. 98 - Next Ordinance No. (1998) 4:00 p.m. CC -2 School Traffic Study Pavement Management System CALL TO ORDER: PLEDGE OF ALLEGIANCE: INVOCATION: ROLL CALL: APPROVAL OF AGENDA: 6:30 p.m., May 5, 1998 Mayor Council Members Ansari, Huff, O'Connor, Mayor Pro Tem Chang, Mayor Herrera Mayor SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 3.1 Proclaiming May 3 through May 9, 1998 as "Municipal Clerks Week." 3.2 Proclaiming May 6, 1998 as Diamond Bar Toastmasters Day. 3.3 Presentation of Certificates of Recognition to Margie Brouse, Community Volunteer with 500 hours; Art Logan, Ted Long and John Vaughan with 1000 hours. 3.4 Presentation of Certificates of Recognition to Miss Diamond Bar and her Court. 3.5 Recognition of Mexican Independence Day "Cinco de Mayo." 4. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Although the City Council values your comments, pursuant to the Brown Act, the Council generally cannot take any action on items not listed on the posted agenda. Please complete a Speaker's Card and give it to the City Clerk (completion of this form is voluntary). There is a five minute maximum time limit when addressing the City C91=13-. - MAY 5, 1998 PAGE 2 5. SCHEDULE OF FUTURE EVENTS: -777 5.1 PLANNING COMMISSION May 12, 1998 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.2 TRAFFIC & TRANSPORTATION COMMISSION - May 14, 1998 - 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. 5.3 CITY COUNCIL MEETING - May 19, 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 21, 1998 - Approve as submitted. 6.1.2 Regular Meeting of April 21, 1998 - Requested by: City Clerk 6.2 VOUCHER REGISTER - Approve Voucher Register dated May 5, 1998 in the amount of Requested by: City Manager 6.3 DENIAL OF CLAIM: 6.3.1 Filed by Ray Keelan on January 20, 1998. Recommended Action: It is recommended that the City Council deny the Claim for Damages filed and refer the matter for further action to Carl Warren & Co., the City's Risk Manager. 6.3.2 Filed by John Lee on April 15, 1998. Recommended Action: It is recommended that the City Council deny the Claim for Damages filed and refer the matter for further action to Carl Warren & Co., the City's Risk Manager. Requested by: City Clerk 6.4 NOTICE OF COMPLETION - Peterson Park Recommended Action: Requested by: 6.5 NOTICE OF COMPLETION - Pathfinder/Brea Canyon Rd. Recommended Action: MAY 5, 1998 PAGE 3 Requested by: Public Works 6.6 RESOLUTION NO. 98 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR TRAFFIC SIGNAL AT MONTEFINO/QUAIL SUMMIT - Recommended Action: Requested by: Public Works 6.7 RESOLUTION NO. 98 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR CITYWIDE LANDSCAPE MAINTENANCE - Recommended Action: Requested by: Community Services Division 6.8 RESOLUTION NO. 89-6C: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING RESOLUTION NO. 89-6B ESTABLISHING PUBLIC PLACES FOR POSTING OF CITY ORDINANCES AND PUBLIC NOTICES - Recommended Action: equested by: City Clerk 7. PUBLIC HEARINGS: 7:00 p.m., or as soon thereafter as matters can be heard. 7.1 CONTINU7T0 PUBLIC HEARING OF DEVELOPMENT CODE - Recommended Action: Requested by: Planning Division 7.2 JOINT PUBLIC HEARING WITH DIAMOND BAR REDEVELOPMENT AGENCY - Payment by Agency for part of the cost of the installation and construction of improvements to the Diamond Bar Branch of the County of Los Angeles Public Library - Recommended Action: Requested by: City Manager 8. OLD BUSINESS: 8.1 RECREATION PROVIDER - fi'til`r Recommended Action: s��,� Requested by: Community Services Division MAY 5, 1998 PAGE 4 8.2 DIAMOND BAR RANCH FESTIVAL FUNDING. eco ended A io Reques y: Cit manager 9. NEW BUSINESS: 9.1 EXTENSION OF RED CURB ON GOLDEN SPRINGS AND SYLVAN GLEN 15 FEET - Recommended Action: Requested by: Public Works Division CMZ �� a d�� C�n�oa� � s l �� fie - RECESS OF REDEVELOPMENT AGENCY MEETING Next Resolution No. R-98- 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 Agency Secretary (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 21, 1998 - Approve as submitted. Requested by: Agency Secretary 3.2 VOUCHER REGISTER - Approve Voucher Register dated May 5, 1998 in the amount of Requested by: Executive Director 4. PUBLIC HEARINGS: �f G�' y?I�c, Ftrzt✓ �;- ;< J 5. OLD BUSINESS: 6. NEW BUSINESS: MAY 5, 1998 PAGE 5 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: RESOLUTION NO. RA 98-OIA A RESOLUTION OF THE DIAMOND BAR REDEVELOPMENT AGENCY AMENDING ADVANCE AND REIMBURSEMENT AGREEMENT NUMBER 6 WITH THE CITY OF DIAMOND BAR The City Council of the City of Diamond Bar hereby amends Section 7 of the Advance and Reimbursement Agreement Number 6 with the Diamond Bar Redevelopment Agency as follows: SECTION 7. In addition to the City making available to the Agency its staff resources, office space, equipment, supplies, insurance and other services and facilities pursuant to Section 2 hereof, the City shall, from time to time and at the request of the Executive Director of the Agency, advance funds to the Agency in such amounts as the City Manager deems necessary for the administrative expenses and overhead of the agency, including, but not limited to, expenses of redevelopment planning and dissemination of redevelopment information. Such amounts shall constitute a loan for the administrative expenses and overhead of the Agency. The aggregate amount which may be advanced to the Agency pursuant to this Section 7 shall not exceed $11-500.00 PASSED, APPROVED AND ADOPTED this day of Chairman I, Lynda Burgess, Secretary of the Diamond Bar Redevelopment Agency do, hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the Diamond Bar Redevelopment Agency held on the day of , 1998, by the following vote: AYES: AGENCY MEMBERS: NOES: AGENCY MEMBERS: ABSENT: AGENCY MEMBERS: ABSTAINED: AGENCY MEMBERS: Lynda Burgess, Secretary RESOLUTION NO. 98-7A A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING ADVANCE AND REIMBURSEMENT AGREEMENT NUMBER 6 WITH THE DIAMOND BAR REDEVELOPMENT AGENCY The City Council of the City of Diamond Bar hereby amends Section 7 of the Advance and Reimbursement Agreement Number 6 with the Diamond Bar Redevelopment Agency as follows: SECTION 7. In addition to the City making available: t,; the Agency its staff resources, office space, equipment, supplies, insurance and other services and facilities pursuant to Section 2 hereof, the City shall, from time to time and at the request of the Executive Director of the Agency, advance funds to the Agency in such amounts as the City Manager deems necessary for the administrative expenses and overhead of the agency, including, but not limited to, expenses of redevelopment planning and dissemination of redevelopment information. Such amounts shall constitute a loan for the administrative expenses and overhead of the Agency. The aggregate amount which may be advanced to the Agency pursuant to this Section 7 shall not exceed $11.500.00 PASSED, APPROVED AND ADOPTED this day of Mayor I, Lynda Burgess, City Clerk of the City of Diamond Bar do, hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on the day of , 1998, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: Lynda Burgess, City Clerk OD 110 0 0 w o 0 0 4.; w oIr, o_l-- � _ O00 O N O O cg � yg oo O O v7 O b9 V G Q 69 yq 69 69 EA 69 64 N 59 b9 69 O U C U Q U Q V O u O O O V U V V)CnC A O Wo00 M M N vi N W (� O bN9 0 0 0 C O � O po O Q O 69 OFA Ln O Z U U U cq b N A 4644 b9 � 69 69 50q 69 s 64 zw"-1 � 0 0 ) o v] O ° ° ° .[ °co o kn •n o 3 o g 3 d'6 o � O U e c C-0 W rary� E •� •� .S cc � •- �' a� ai U y � � 0 8 � b .� � c � •`^ � a o0 In •N A U a`i 4. O +uj v w y � > U �a. p 0 o ., I z W 3 z z ►., CIO Cil U L cn D J U OD 110 Z .d 0 � o U f.04 on co rn ON co� ,� c w `ti c `ti tpS A p• C.CQ •u I.fi U M y 1 y y O y O COO::SCC 0 5619 a = N N C14knCC:) O O O �D O Liz w w O tn O 4 0 0� N kn N O m cd 6A 69 yq C EA 69 69 EA Erg 69 F• C C 0 O to U� UO W) o, oo c C5 a z o C l0 > C o op CO =� 6. Q 3 w LT. O V � W 3 z z z � U z a a z w 3 x V)v, a co rn ON 00 rn v [n 5 v a 0 N c A � N o �� 69 �604 IIII rw l w, ! E cr 0 O 9 o E 3 2 � � N � � � � N � A.O •� M N N c 41 0 0 C) o E"" .--v� N O O •--�n N O O V� � CN 69 69 69 6946o4 N 69 69 6's O O U 'N Q U O O O OD U U O ++ V U N O U U :b O O U edp p p a O N N ed OR O� Q .fl cd p O � � C7 es 66q cis (+ u b :? > c U N o C a x y 42 rA 3.0 O a+ O t O o w w D wz ¢a uj ce Ew- �a W �U WU 00 00 rn v [n 5 v a 0 N INTEROFFICE MEMORANDUM CITY OF DIAMOND BAR TO: Mayor and City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Development Code DATE: May 1, 1998 Council Member O'Connor has provided staff with the attached list of suggested action items for consideration for the City Council meeting on Tuesday, May 5. This list is being transmitted to the Council for their information and use. . Staff is currently reviewing the material and will provide a written report to the Council on Monday afternoon addressing the items. nbw attachment To: Terry Belanger, m DeStefano From: Debby O'Connor Date: April 27, 1998 Subject: Action Items on the Development Code The following items are those that I would like to have the Council discuss for possible changes. Article I 1. Page I-15, E, should the last sentence be modified? Chapter 22.74 states- it can be appealed to the Council. Shouldn't this last sentence be modified to say, as you stated, "Unless related to a major policy decision, the Planning Commission would have final decision on these interpretations, otherwise the Council would have final decision"? Article II 1. Page H-17 (Note 5) and Page 11-21 (Note 3), I would like the Council to consider changing the "1507' to 4'600"' as required by the ABC. Article III 1. Page M-60, 22.22.130 Fences and Landscaping. Can we add some language concerning the use of sandbags. How long are sandbags allowed to be used as erosion control or retaining walls before permanent walls -am ? I wouldliketo see some language that restricts the long-term use of sandbags. 2. Page III -88 C, Gas powered blowers, How does this-empare with the'L. X City ban" 3. Page III -89 J1, Do we want to add language dealing with who or how often we monitor the sound level of the garbage trucks? 4. Page 111-90, Delay in Compliance. Two years is along time to be. out of sound level compliance. Add language of different time periods for the Director before it goes to the Planning Commission or Council. 5. Page III -141 C 1, Would like some discussion about expanding the ledgizqSsenly on Freeway signs. 6. Page III -167 DId3, Need fiuther clarification or rewrite of sentence. Does thi&-mean that if a person is appealing a conviction that they can get a license. 7. Page III -170, top of page. Need further clarification. Does this mean that if the business only has restrooms for employees that they can have television monitors and video equipmen in them? 8. Page III -174 2a, Need to rewrite section to state that the application is not considered complete until after the Sheriff has completed their investigation. I read the sentence differently . 9. Page III -178 D, Would like Council to reconsider restriction of only three pets made up of dogs and cats. 10. Page III -179A 1 c, would like further clarification on why we would allow this? 11. Page III -180 Why do we allow an employee for a large day-care center to park off- street but not an employee of another home business, i.e. Page III -183 A5? 12. Page 111-183 How are we going to enforce this section if we have no home business registration program. Won't we end up penalizing those business we know about? 13. Page III -184, 10, Vehicle Trips. What is the penalty for "clients, customers etc visiting a home business? Article VI 1. Page VI -6, 15, Does "topless" fall under this category or is "topless" not allowed at all? Does this need to be specified? 2. Page VI -11, Car Washes. It states, "Temporary car washes... conducted at a service station or other automobile -related business.. "Do we need to expand this to include temporary car washes conducted at the banks or Der Wienerschnitzel for example? 3. Page VI -12, Child Day Care Facilities. Who don't we include a facility located in a "multi -family" facility? 4. Page VI -18, Equestrian Facilities. What about personal or private facilities? 5. Page VI -26, Health/Fitness Facilities: Why are "archery and shooting rangesincluded in this definition". I suggest we move it to a different definition like Outdoor or Indoor Recreation. 6. Page VI -26, Health Care institution. Would like to change "retarded" to "mentally handicapped" 7. Page VI40, Recreational Vehicle Park. Can this be a permanent living facility or is it meant for temporary stays? Do we need to add clarifying language? I was watching the news tonight and heard reports about pornography being done in backyards. Do we need to add any language concerning pornography within the City? MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF CITY COUNCIIJHONORABLE CHAIRMAN AND MEMBERS OF THE BOARD OF DIRECTORS FROM: TERRENCE L. BELANGER, CITY MANAGER/EXECUTIVE DIRECTOR RE: PROPOSED AGREEMENT BETWEEN THE CITY OF DIAMOND BAR, THE DIAMOND BAR REDEVELOPMENT AGENCY AND THE COUNTY OF LOS ANGELES TO PAY FOR IM[PROVEM ENTS TO THE COUNTY LIBRARY FACILITY IN DIAMOND BAR DATE: MAY 5, 1998 RECOMMENDATION: It is recommended that the City Council and the Redevelopment Agency approve their respective resolutions, which 1) authorize the payment of monies for improvements to County library facility in Diamond Bar, 2) approve a tri -partite (City, County and Redevelopment Agency) agreement to accomplish the improvements and reimburse monies advanced (City to Agency) and direct the Mayor and Chairman to execute said agreement. DISCUSSION: The City of Diamond Bar and the Diamond Bar Redevelopment Agency incorporated Diamond Bar Branch Library improvements as a part of the adopted Economic Revitalization Area Plan. The County of Los Angeles is planning the renovation of it's Diamond Bar library facility over the next twelve weeks. The Redevelopment Agency Economic Revitalization Area Plan listed library improvements as an infrastructure improvement project. As a result of negotiations with the County of Los Angeles Library District, the Diamond Bar Redevelopment Agency proposes to expend $138,440.00 to fund a portion of the cost of the library improvements. On April 28, 1998, the County of Los Angeles conducted a public hearing and approved the entering into an agreement with the Diamond Bar Redevelopment Agency to fund improvements to the Diamond Bar Branch Library. On May 5, 1998, the City and Redevelopment Agency are conducting a joint public hearing to consider the advance and reimbursement of monies from the City to the Agency and an agreement with the County of Los Angeles to undertake and complete the library improvements. NOTICE OF JOINT PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Diamond Bar (the "City Council") and the Diamond Bar Redevelopment Agency (the "Agency") will hold a joint public hearing on the payment by the Agency for part of the cost of the installation and construction of improvements to the Diamond Bar Branch of the County of Los Angeles Library, located at 1061 South Grand, Diamond Bar, California, including the construction of a new roof, replacement of the air conditioning system, conversion of the lighting system for energy savings, the installation of carpet and title; refurbishment of the circulation desk, information desk and counters; the repair or replacement of exterior signs; and the replacement of interior ceiling titles (the "Improvements"). The time, date and place of such joint public hearing is as follows: TIME: 7:00 p.m. DATE: May 5, 1998 PLACE: Council Chambers 21865 East Coply Drive Diamond Bar, California With respect to the Improvements, a summary is available to the public for inspection and copying at the office of the City Clerk of the City of Diamond Bar 21660 East Coply Drive, Diamond Bar, California. The summary includes all of the following: (i) an estimate of the amount of taxes allocated to the Agency pursuant to Health and Safety Code Section 33670(b) which the Agency will use to pay for part of the cost of the installation and construction of the Improvements, including interest payments; (ii) the facts supporting the determinations required to be made by the City Council and the Agency pursuant to Health and Safety Code 33445; and (iii) the redevelopment purpose for which such taxes are being used to pay for part of the cost of the installation and construction of the Improvements. City Clerk City of Diamond Bar [Publish for at least two successive weeks prior to the hearing] 980303 10572-00001 rdh 1673180 0 SUMMARY OF PAYMENT BY THE DIAMOND BAR REDEVELOPMENT AGENCY OF PART OF THE COST OF THE INSTALLATION AND CONSTRUCTION OF IMPROVEMENTS TO THE DIAMOND BAR BRANCH OF THE COUNTY OF LOS ANGELES LIBRARY' Pursuant to the Agreement for Payment of Tax Increment Revenues for Library Improvements (the "Agreement"), which accompanies this Summary, the Diamond Bar Redevelopment Agency (the "Agency") proposes to pay for part of the cost of the installation and construction of improvements to the Diamond Bar Branch of the County of Los Angeles Library (the "Library"), owned by the County of Los Angeles (the "County"), and located at 1061 South Grand, Diamond Bar California. The improvements to the Library include the construction of a new roof, the replacement of the air conditioning system, the conversion of lighting for energy savings, installation of carpet and title; refurbishment of the circulation desk, information desk and counters; the repair or replacement of exterior signs; and the replacement of interior ceiling titles (the "Improvements"). The total estimated amount of taxes allocated to the Agency pursuant to Health and Safety Code Section 33670(b) to be used to pay for part of the cost of such Improvements is $138,44'0. The Agreement provides for the City of Diamond Bar (the "City") to advance to the County a portion of the cost of the Improvements in the amount of $138,440 on behalf of the Agency and for the Agency to reimburse the City for such cost. The Agreement also provides that the Agency may reimburse the City by periodic payments over a period of years and that the Agency shall pay interest to the City on the unpaid balance computed at the average daily rate, as determined by the Treasurer of the City, paid to the City on its funds invested in the Local Agency Investment Fund, from the date of the payment by the City to the County. The Library serves the residents and taxpayers of the City, including the Diamond Bar Economic Revitalization Area (the "Project Area"). The Redevelopment Plan for the Project Area and the accompanying Report to City Council document, and the City Council has determined, that the Project Area is an area in which the combination of blighting conditions is so prevalent and so substantial that it causes a reduction of and lack of proper utilization of the area to such an extent that it constitutes a serious physical and economic burden on the community which cannot reasonably be expected to be reversed or alleviated by private enterprise or governmental action, or both, without redevelopment. For example, the Project Area is characterized by inadequate public improvements, depreciated and stagnant property values, impaired investments, high business vacancies, and low lease rates. The installation and construction of the proposed Improvements serve a basic purpose of redevelopment, which 980303 10572-00001 rdh 1673181 0 includes the provision of structures as may be appropriate or necessary in the interest of the general welfare. The installation and construction of the proposed Improvements will assist in the elimination of conditions of blight within the Project Area which are caused by inadequate public improvements and adverse ecohomic conditions. The provision of the Improvements will help provide a pedestrian-friendly environment for the predominately commercial and retail properties in the Project Area, which will encourage business patronage and thereby assist in stimulating the revitalization of the Project Area through private sector activity in the Project Area. The payment of funds for the cost of the Improvements is provided for in the Agency's implementation plan adopted pursuant to Health and Safety Code Section 33490. Due to budget constraints of the City and the County, a portion of the cost of the Improvements in the amount of $138,440 has been allocated to the Agency. The County Board of Supervisors has found that unless a portion of the cost of the Improvements is allocated to the Agency, no other reasonable means of financing the total cost of the installation and construction of the Improvements is available to the County. Except for the moneys advanced by the City and to be reimbursed by the Agency pursuant to the Agreement, no moneys of the City are available to pay for such costs. The budget constraints of the City prevent the City from financing the installation and construction of the Improvements by any means. Traditional methods of financing, such as the issuance of general obligation bonds by the City, are unavailable as a practical matter because of the extraordinary majority voter approval requirements of two-thirds of the electorate. Special taxes als: require a two-thirds vote of the electorate. Assessment financing is subject to a majority protest and may not be an appropriate method of financing a facility having the general benefits associated with a public library. 980303 10572-00001 rdh 1673181 3 - 2 - GLENN R. WATSON ROBERT G. BEVERLY HARRY L GERBHON MARKLAO MKEN E MARK L S. ADLER DARIN G ADLER ALLELE D. PIEPER ALLEN E RENNETT STEVEN DORSEY VN IL S Z ANTHONY B. DREWR MMC14L E. ASBOT TIMOT}iY L NEUFEU A B. RL M. am W. LVI -Y A R MW M. We M.J UE BEI 1A F. a STEVENH. KAUPMArnr MARY E. GANG JOHN J. HARRIS KEVIN G. ENNIS ROBIN D. HARRIG MICHAEL EGTTMDA LAURENCE G. NAENER STEVEN R. ORR RICHARDS, WATSON & GERSHON ATTORNEYS AT LAW MICHAEL a. COLNNTUONO A PROFESNONAL CORPORATION S. TILDEN IOM THIRTY-EIGHTH FLOOR C. EDWARD L DILS PETER M. THORSON 333 SOUTH HOPE STREET SRENDAL DIEDERICHB JAMES L MARKMAN LOS ANGELES, CALIFORNIA 90071-1469 DEBORAH R. HAKMAN RUSIN D. WEMdER (213) 626-8484 SASKIA T. AXAMURA KAYOUR O. SUME FACSIMILE (213) 626-0078 SAULJAPFE ORAM9 A, ST9ELE la®rwglaw.com T. PETER PIERCE DAVID ROBERT DANIELS BENJAMIN SARNOUW WILLIMM P. CURLEY 111 D. CRAIG PDX BOYD L HILL LYNN I. SARA JANET E COLESON TERENCE R. BOG^ OAMEL L PINES LISA BOND DIANE ARKOWGROGS CLARKS ROY A R01O1NME CKA ? DIAZ MONTGOMERY ROBERT JL GALSUENA ERIKA M. FLEMING OLIVIA WM-WEN SUAN AMY W. CHP40 PATRICIA K OLIVER KEITH A. WILSON SANDRAE Wp1L1M8 KACY CELLONS I[EVB April 9, 1998 RIOH'1AR0 RICHARDS (15161958) SAN FRANCISCO OFFICE 80 CALIFORNIA STREET SUfTE 1600 SAN FRANCISCO, CAUFORNIA 54111-4512 (415) 421-8484 FACSIMILE (415) 42141485 ORANGE COUNTY OFFICE NUMBER ONE CIVIC CENTER CIRCLE BREA, CAUFORMA 52821 (714) 990-0801 FACSIMILE (714) 990-8230 DF COUNSEL WILLIAM K KRAMER 1673231 OUR FILE NUMBER 10572-00001 Terrence L. Belanger a�• City Manager City of Diamond Bar 21660 East Coply Drive Diamond Bar, California 91765-4177 Re: Proposed Payment by the Diamond Bar Redevelopment rr.a Agency for Improvements to the County Library Dear Mr. Belanger: In connection with the proposed Redevelopment Agency contribution to Los Angeles County for improvements to the Diamond Bar library, enclosed are the following: 1. A resolution of the Redevelopment Agency approving the payment to the County. 2. A resolution of the City Council approving the payment to the County. 3. An agreement between the County, the City and the Agency, which is referenced as Exhibit A in the City Council and Agency resolutions. 4. A notice of a joint public hearing of the Agency and the City Council on the proposed payment. 5. A summary of the proposed payment which must be placed on file in the City Clerk's office by the date of the first publication of the notice. The notice sets May 5th as the date of the public hearing by the Agency and the City Council. The notice must be published for at least two successive weeks prior to the joint public hearing of the City Council and the Agency. RICHARDS, WATSON & GERSHON Terrence L. Belanger April 9, 1998 Page 2 If you have any questions or if we can be of assistance, please do not hesitate to contact me. Very truly yours, 4- *V-� Robin D. Harris RDH:gp 1673231 Encl. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING PAYMENT BY THE DIAMOND BAR REDEVELOPMENT AGENCY FOR PART OF THE COST OF THE INSTALLATION AND CONSTRUCTION OF IMPROVEMENTS TO A LIBRARY OWNED BY THE COUNTY OF LOS ANGELES THE CITY COUNCIL OF THE CITY OF DIAMOND BAR HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS: Section 1. The County of Los Angeles is making improvements to the Los Angeles County Public Library -Diamond Bar, located at 1061 South Grand, Diamond Bar, California (the "Library"). The improvements include the construction of a new roof, replacement of the air conditioning system, conversion of the lighting system for energy savings, the installation of carpet and tile, the refurbishment of the circulation desk, information desk and counters, the repair or replacement of exterior signs, and the replacement of interior ceiling tiles (the "Improvements"). Due to budget constraints of the County and City and pursuant to provisions of the Community Redevelopment Law (California Health and Safety Code Section 33000, et seg.), and in particular Section 33445 and Section 33679 thereof, the Diamond Bar Redevelopment Agency (the "Agency") proposes to pay for part of the cost of the installation and construction of the Improvements. The portion of the cost of the Improvements allocated to the Agency initially will be paid by the City and will be reimbursed by the Agency pursuant to the Agreement for Payment of Tax Increment Revenues for Library Improvements by and among the Agency, the City of Diamond Bar and the County of Los Angeles, attached hereto as Exhibit A (the "Agreement"). Section 2. Following notice duly given, the City Council and the Agency have held a public hearing pursuant to California Health and Safety Code Section 33679, on the payment by the Agency for part of the cost of the installation and construction of the Improvements. Section 3. The Library serves the residents and taxpayers of the City, including the Diamond Bar Economic Revitalization Area (the "Project Area"). The Redevelopment Plan for the Project Area and the accompanying Report to City Council document, and the City Council has determined, that the Project Area is an area in which the combination of blighting conditions is so prevalent and so substantial that it causes a reduction of and lack of proper utilization of the area to such an extent that it constitutes a serious physical and economic burden on the community which cannot reasonably be expected to be reversed or 980122 10572-00001 gp 1673144 1 alleviated by private enterprise or governmental action, or both, without redevelopment. For example, the Project Area is characterized by inadequate public improvements, depreciated and stagnant property values, impaired investments, high business vacancies, and low lease rates. The installation and construction of the proposed improvements to the Library serve a basic purpose of redevelopment, which includes the provision of structures as may be appropriate or necessary in the interest of the general welfare. The installation and construction of the proposed improvements will assist in the elimination of conditions of blight within the Project Area which are caused by inadequate public improvements and adverse economic conditions. The provision of the Library improvements will help provide a pedestrian -friendly environment for the predominately commercial and retail properties in the Project Area, which will encourage business patronage and thereby assist in stimulating the revitalization of the Project Area through private sector activity in the Project Area. Section 4. Due to budget constraints of the City and the County of Los Angeles, a portion of the cost of the Improvements has been allocated to the Agency. The County Board of Supervisors has found that unless a portion of the cost of the Improvements is allocated to the Agency, no other reasonable means of financing the total cost of the installation and construction of the Improvements is available to the County. Except for the moneys advanced by the City and to be reimbursed by the Agency pursuant to the Agreement, no moneys of the City are available to pay for the cost of the Improvements. The budget constraints of the City prevent the City from financing the installation and construction of the Improvements by any means. Traditional methods of financing, such as the issuance of general obligation bonds by the City, are unavailable as a practical matter because of the extraordinary majority voter approval requirements of two-thirds of the electorate. Special taxes also require a two-thirds vote of the electorate. Assessment financing is subject to a majority protest and may not be an appropriate method of financing a facility having the general benefits associated with a public library. Section 5. The City Council hereby finds and determines that based upon the foregoing and other information presented to the City Council: (i) the installation and construction of the proposed Improvements will be of benefit to the Project Area and to the immediate neighborhood in which the project is located; (ii) no other reasonable means of financing the installation and construction of the Improvements is available to the City or County; and (iii) the payment of funds for the installation and construction of the Improvements will 980122 10572-CCO01 gp 1673144 1 2 assist in the elimination of blighting conditions inside the Project Area by remedying the lack of adequate public improvements, which in turn will encourage private sector investment in the Project Area and thereby assist in remedying adverse economic blighting conditions in the Project Area such as depreciated and stagnant property values, impaired investments, high business vacancies, and low lease rates, and is consistent with the Agency's implementation plan adopted pursuant to Health and Safety Code Section 33490. Section 6. The Agreement attached hereto as Exhibit A is hereby approved. The Mayor is hereby authorized and directed, for and in the name and on behalf of the City, to execute and deliver the Agreement in substantially the form hereby approved, with such additions or changes as the City may approve, such approval to be conclusively evidenced by her execution and delivery thereof. Section 7. The City Council hereby authorizes and approves payment by the Agency for part of the cost of the installation and construction of the Improvements pursuant to the Agreement from any revenues of the Agency lawfully available therefor. PASSED, APPROVED and ADOPTED this 1998 day of AYES: NOES: ABSENT: ABSTAIN: Attest: Lynda Burgess, City Clerk 980122 10572-00001 9P 1673144 1 - 3 - Carol Herrera, Mayor RESOLUTION NO. A RESOLUTION OF THE DIAMOND BAR REDEVELOPMENT AGENCY AUTHORIZING PAYMENT BY THE AGENCY FOR PART OF THE COST OF THE INSTALLATION AND CONSTRUCTION OF IMPROVEMENTS TO A LIBRARY OWNED BY THE COUNTY OF LOS ANGELES THE DIAMOND BAR REDEVELOPMENT AGENCY HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS: Section 1. The County of Los Angeles is making improvements to the Los Angeles County Public Library -Diamond Bar, located at 1061 South Grand, Diamond Bar, California (the "Library"). The improvements include the construction of a new roof, replacement of the air conditioning system, conversion of the lighting system for energy savings, the installation of carpet and tile, the refurbishment of the circulation desk, information desk and counters, the repair or replacement of exterior signs, and the replacement of interior ceiling tiles (the "Improvements"). Due to budget constraints of the County and City and pursuant to provisions of the Community Redevelopment Law (California Health and Safety Code Section 33000, et seg.), and in particular Section 33445 and Section 33679 thereof, the Diamond Bar Redevelopment Agency (the "Agency") proposes to pay for part of the cost of the installation and construction of the Improvements. The portion of the cost of the Improvements allocated to the Agency initially will be paid by the City and will be reimbursed by the Agency pursuant to the Agreement for Payment of Tax Increment Revenues for Library Improvements by and among the Agency, the City of Diamond Bar and the County of Los Angeles, attached hereto as Exhibit A (the "Agreement"). Section 2. Following notice duly given, the City Council and Agency have held a public hearing pursuant to California Health and Safety Code Section 33679, on the payment by the Agency for part of the cost of the installation and construction of the Improvements. Section 3. The Library serves the residents and taxpayers of the City, including the Diamond Bar Economic Revitalization Area (the "Project Area"). The Redevelopment Plan for the Project Area and the accompanying Report to City Council document, and the City Council has determined, that the Project Area is an area in which the combination of blighting conditions is so prevalent and so substantial that it causes a reduction of and lack of proper utilization of the area to such an extent that it constitutes a serious physical and economic burden on the community which cannot reasonably be expected to be reversed or alleviated by private enterprise or governmental action, or both, 980122 10572-00001 gp 1673142 1 without redevelopment. For example characterized by inadequate p � the Project Area is public improvements, depreciated and stagnant property values, impaired investments, high business and low lease rates. The installation and construction of the Improvements serve a basic purpose of redevelopment, which includes the proposed provision of structures as may be appropriate or necessary in the interest of the installation and construction of general welfare. The assist in the elimination of conditionsofsbligmprov Improvements will Project Area which are caused b and adverse economic conditions y inadequate e Improvements will help The provision therovements for the predominate) provide a pedestrian -friend) Project Area y commercial and retail properties ninrthe ent which will encourage business patronage and thereby assist in stimulating the revitalization of the Project Are through private sector activity in the Project Area. a Section 4. Due to budget constraints of the Cit Improvementsfhaosbengeles, a portion of the cost of the Y and the Count allocated to the Agency. a portion of The County Board of Supervisors has found that unless Agenc cost of the Improvements is allocated to the Y, no other reasonable means of financing the total cost of the installation and construction of the Improvements is available to the County. reimbursed Except for the moneys advanced b y the City the Cit y the Agency pursuant to the Agreement, no and to be The City re available to nts of phe Cay at the cost of the Improvements. financing the installation and constructiony prevent ofthe Improvements by any means. he Y from Traditional methods of financing,p thents issuance of general obligation bonds b such n the as a practical matter because of the extraordinary approval requirements of two-thirds of the electorate. ty/ are unavailable taxes also require a two-thirds vote of the electorate. voter Assessment financingSpecial be an a e is subject to.a majoritye. appropriate method of financing a facilityohavingest ntheay not general benefits associated with a public library. Section S. The Agency hereby finds and determines that Agency: (i) the installation and econstructionnofrthented to the Improvements will be of benefit to the Project Area and t immediate neighborhoodProposed other reasonablemeansof fiin nancing ich the project is located; (ii)noconstruction of the Improvements is the installation and County; and (iii) the paymentavailable to the City or construction of the Improvements wilOf lsassist for hinitheaeliminn and Of blighting conditions inside the Project Area b lack of adequate elimination Public improvements, which in turn rwillying the 980122 10572-00001 gP 1673142 1 - 2 - encourage private sector investment in the Project Area and thereby assist in remedying adverse economic blighting conditions in the Project Area such as depreciated and stagnant property values, impaired investments, high business vacancies, and low lease rates, and is consistent with the Agency,s implementation plan adopted pursuant to Health and Safety Code Section 33490. Section 6. The Agreement attached hereto as Exhibit A is hereby approved. The Chair of the Agency is hereby authorized and directed, for and in the name and on behalf of the Agency, to execute and deliver the Agreement in substantially the form hereby approved, with such additions or changes as the Agency may approve, such approval to be conclusively evidenced by his execution and delivery thereof. Section 7. The Agency hereby authorizes and approves payment by the Agency for part of thecost of the installation and construction of Improvements pursuant to the Agreement from any revenues of the Agency lawfully available therefor. PASSED, APPROVED and ADOPTED this 1998. day of AYES: NOES: ABSENT: ABSTAIN: Attest: Lynda Burgess, Secretary 980122 10572-00001 gp 1673142 1 - 3 _ Robert Huff, Chair 1. 3. 4 CITY OF DIAMOND BAR "QUICK CAP" MINUTES MAY 5, 1998 STUDY SESSION: 4:05 p.m., AQMD Room CC -2 a. School Traffic Study b. Pavement Management System Present: Terrence L. Belanger, City Manager; Michael Jenkins, City Attorney; James DeStefano, Deputy City Manager; David Liu, Deputy Public Works Director Mike Nelson, Communications and Marketing Director and Lynda Burgess, City Clerk. Also present: John Whitman, Charles Abbott & Associates Adjournment: 5:38 p.m. CLOSED SESSION: 5:38 p.m. - Conference with Legal Counsel - Existing Litigation (Subdivision (a) of Section 5496.9 - City of Diamond Bar vs IPS PLEDGE OF ALLEGIANCE: Martha Bruske 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; Michael Jenkins, City Attorney; James DeStefano, Deputy City Manager; David Liu, Deputy Public Works Director; Bob Rose, Community Services Director; Mike Nelson, Communications and Marketing Director; and Lynda Burgess, City Clerk. APPROVAL OF AGENDA: Mayor SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 3.1 Proclaimed May 3 through May 9, 1998 as "Municipal Clerks Week." 3.2 Proclaimed May 6, 1998 as Diamond Bar Toastmasters Day. 3.3 Presented Certificates of Recognition to Margie Blouse, Community Volunteer with 500 hours; Art Logan, Ted Long and John Vaughan with 1000 hours. 3.4 Presented Certificates of Recognition to Miss Diamond Bar and her Court. 3.5 Presented Certificates of Recognition to 1998 California State Jr. Olympic Tae Kwon Do Championship Gold, Silver and Bronze Award winners. PUBLIC COMMENTS: Bob Zirbes, President, D.B.I.A., announced their 2nd annual "Paint Your Town" event to be held on Saturday, May 16, 1998 beginning at 7 a.m. at Heritage Park. MAY 5, 1998 PAGE 2 Art O'Daly thanked Council personally and on behalf of the Chamber of Commerce Board of Directors for their attendance at the Chamber's recent retreat. Will be revising the Chamber's program of work beginning on May 6th. Congratulated City on its 9th Anniversary and the Anniversary celebration held on April 19th. The Chamber's Health Fair during the Anniversary celebration was a big success. Stan Grainger, Gold Nugget re petition re enforcement of existing ordinances. Lack of maintenance, illegal parking of vehicles, storage, etc. Hasn't noticed any changes as yet. Jack Istik - spoke regarding the presentation at the study session regarding the proposed Pavement Management System. Mrs. Murphy spoke re lack of code enforcement and loss of the Ralph's Grocery Store in the Country Hills Town Center. 5. SCHEDULE OF FUTURE EVENTS: 5.1 SOLID WASTE TASK FORCE - May 11, 1998 - 6:30 p.m., AQMD Room CC -2, 21865 E. Copley Dr. 5.2 PLANNING COMMISSION - May 12, 1998 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.3 OFF-SITE PARKING TASK FORCE - May 13, 1998 - 6:30 p.m., AQMD Room CC -2, 21865 E. Copley Dr. 5.4 TRAFFIC & TRANSPORTATION COMMISSION - May 14, 1998 - 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. 5.3 COMPOSTING WORKSHOP - May 16, 1998 - 9:00 a.m. - 11:00 a.m., Sycamore Canyon Park, 22930 Golden Spgs. Dr. 5.4 CITY COUNCIL MEETING - May 18, 1998 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Dr. 6. CONSENT CALENDAR: Moved by MPT/Chang, seconded by C/Ansari to approve Consent Calendar with the exception of items No. 6.1.1, 6.6, 6.11 and 6.14. Motion carried 5-0 by Roll Call vote. 6.1 APPROVED MINUTES: 6.1.2 Regular Meeting of April 21, 1998 - As submitted. 6.2 RECEIVED & FILED TRAFFIC & TRANSPORTATION COMMISSION MINUTES - Regular Meeting of March 12, 1998. 6.3 RECEIVED & FILED PARKS & RECREATION COMMISSION MINUTES - Regular Meeting March 26, 1998. 6.4 APPROVED VOUCHER REGISTER - dated May 5, 1998 in the amount of $655,401.34. MAY 5, 1998 PAGE 3 6.5 DENIED CLAIMS FOR DAMAGES: 6.5.1 Filed by Ray Keelan on January 20, 1998 and referred the matter for further action to Carl Warren & Co., the City's Risk Manager. 6.5.2 Filed by John Lee on April 15, 1998 and referred the matter for further action to Carl Warren & Co., the City's Risk Manager. 6.7 ADOPTED RESOLUTION NO. 98-24: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR EXTENDING THE EXISTING RED CURB ON THE EAST SIDE OF GOLDEN SPRINGS DRIVE BETWEEN SYLVAN GLEN ROAD AND SECOND DRIVEWAY TO THE CIMMARON OAKS CONDOMINIUMS BY AN ADDITIONAL FIFTEEN (15) FEET. 6.8 APPROVED MEMBERSHIP OF THE CITY OF LA PALMA INTO THE CALIFORNIA JOINT POWERS INSURANCE AUTHORITY (CJPIA) - and authorized the Mayor to execute the consent form as the City's delegate to the Authority. 6.9 RECEIVED, ACCEPTED AND FILED PROPOSITION A LOCAL RETURN FUND, PROPOSITION C LOCAL RETURN FUND AND TRANSPORTATION DEVELOPMENT ACT AUDITS FOR THE FISCAL YEARS ENDED JUNE 30, 1997 AND 1996. 6.10 ADOPTED RESOLUTION NO. 98-25: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR THE TRAFFIC SIGNALS INSTALLATION ON DIAMOND BAR BOULEVARD AT MONTEFINO AVENUE AND QUAIL SUMMIT DRIVE IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. 6.12 ADOPTED RESOLUTION NO. 89-6C: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING RESOLUTION NO. 89-6B PERTAINING TO PUBLIC PLACES FOR POSTING OF CITY ORDINANCES AND PUBLIC NOTICES - adding offices of the Chamber of Commerce as a temporary posting location for approximately three months. 6.14 ADOPTED RESOLUTION NO. 98-7A: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING ADVANCE AND REIMBURSEMENT AGREEMENT NO. 6 WITH THE DIAMOND BAR REDEVELOPMENT AGENCY - amended Section 7 of Advance & Reimbursement Agreement No. 6 from $11,000 to $11,500. MATTERS WITHDRAWN FROM CONSENT CALENDAR: MAY 5, 1998 PAGE 4 6.1.1 Study Session of April 21, 1998 - C/O'Connor asked that the words "and install white curbing" be removed from the last paragraph on Page 6. C/Huff requested that, in Paragraph 2 on Page 6, the words "stop light" should be changed to "stop sign." Moved by C/Huff, seconded by C/O'Connor to approve Minutes as corrected. Motion carried 5-0 by Roll Call vote. 6.6 NOTICE OF COMPLETION FOR ADA RETROFIT AT PETERSON PARK - Following discussion, C/Huff moved, seconded by C/Ansari to accept the work performed by MJS Construction, Inc. and authorize the City Clerk to file the proper Notice of Completion and to release any retention amounts 35 days after the recordation date. Motion carried 3-1-1 by Roll Call vote (C/O'Connor voting no; M/Herrera temporarily absent). 6.11 RESOLUTION NO. 98-26: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR CITYWIDE LANDSCAPE MAINTENANCE AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVED BIDS - The City currently has four landscape maintenance contracts to provide services needed throughout the City. It is recommended in the Parks Master Plan that these four contracts be consolidated into a single City- wide Landscape Maintenance contract, which should result in a cost savings to the City due to economy of scale. Following discussion, it was moved by C/O'Connor, seconded by MPT/Chang to adopt Resolution No. 98 - XX. Motion carried 5-0 by Roll Call vote. 6.13 DIAMOND RIDE BUDGET INCREASE AND CONTRACT AMENDMENT FOR DIVERSIFIED PARATRANSIT - In June 1997, Council authorized extension of the Diamond Ride contract with Diversified Paratransit in the amount of $240,000, or an average of $20,000 per month for FY 1997-98. Currently, the Diamond Ride program is averaging $20,744 per month, using 9 months of data. The increase in expenditures is due to an increase in the number of trips per month as well as an increase in out of town trips. In addition to the $12,000 requested for contract services with MAY 51 1998 PAGE 5 Diversified Paratransit, Inc., it is requested that $10,000 be allocated to personnel services and $1,000 to services and supplies. Following discussion, moved by C/Ansari, seconded by MPT/Chang to approve a contract amendment with Diversified paratransit for $12,000 and an increase in the Diamond Ride budget of $23,000. 7. PUBLIC HEARINGS: 7.1 CONTINUED PUBLIC HEARING ON DRAFT DEVELOPMENT CODE - ZONING CODE AMENDMENT (ZCA 97-1) - ARTICLE III - SITE PLANNING AND GENERAL DEVELOPMENT STANDARDS AND THE CITYWIDE DESIGN GUIDELINES - 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 Council land a series of 4 study sessions were conducted between January 6 through February 17, 1998. This is the 4th scheduled public hearing on the draft 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 (continued from April 21, 1998). Following discussion, continued Public Hearing to Monday, May 18, 1998. 7.2 JOINT PUBLIC HEARING WITH DIAMOND BAR REDEVELOPMENT AGENCY: - The City and the Redevelopment Agency incorporated D.B. Branch Library improvements as a part of the adopted Economic Revitalization Area Plan. The County is planning the renovation of its' D.B. library facility over the next 12 weeks. The Redevelopment Agency Economic Revitalization Area Plan listed library improvements as an infrastructure improvement project. As a result of negotiations with the County Library District, the Redevelopment Agency proposes to expend $138,440 to fund a portion of the cost of the improvements. On April 28, 1998, the County conducted a public hearing and approved entering into an agreement with the D.B. Redevelopment Agency to fund improvements to the D.B. Branch Library. M/Herrera opened the Public Hearing for the City Council. Chair/Huff called the Redevelopment Agency Meeting to order at 8:36 p.m. MAY 5, 1998 PAGE 6 Present: Agency Members Chang, Herrera, O'Connor, Vice Chairman Ansari, Chairman Huff. Chair Huff opened the Public Hearing for the Redevelopment Agency. Martha Bruske - concerned about the City's sequence of events on this matter. Allen Wilson - Project involves funding from 3-4 organizations. First renovation to the building since it was constructed in 1977. There being no further testimony offered, Chair/Huff closed the Redevelopment Agency Public Hearing. There being no further testimony offered, M/Herrera closed the City Council Public Hearing. (a) RESOLUTION NO. 98-27: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING PAYMENT BY THE DIAMOND BAR REDEVELOPMENT AGENCY FOR PART OF THE COST OF THE INSTALLATION AND CONSTRUCTION OF IMPROVEMENTS TO A LIBRARY OWNED BY THE COUNTY OF LOS ANGELES. Moved by C/Huff, seconded by MPT/Chang to adopt. Motion carried 5-0 by Roll Call vote. (b) RESOLUTION NO. RA98-04: A RESOLUTION OF THE DIAMOND BAR REDEVELOPMENT AGENCY AUTHORIZING PAYMENT BY THE AGENCY FOR PART OF THE COST OF THE INSTALLATION AND CONSTRUCTION OF IMPROVEMENTS TO A LIBRARY OWNED BY THE COUNTY OF LOS ANGELES. Moved by AM/Herrera, seconded by VC/Ansari to adopt. Motion carried 5-0 by Roll Call vote.. RECESSED REDEVELOPMENT AGENCY MEETING AT 9:07 P.M. 7.3 RESOLUTION NO. 98-28: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING AND ADOPTING SCHEDULES OF RATES, FEES AND CHARGES FOR SERVICES PROVIDED BY THE BUILDING AND SAFETY, ENGINEERING AND PLANNING DEPARTMENTS OF THE CITY OF DIAMOND BAR - M/Herrera declared the Public Hearing open. There being no testimony offered, M/Herrera closed the Pubic Hearing. Following discussion, moved by C/Ansari, seconded by MPT/Chang to adopt as amended. Motion carried MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL FROM: MAYOR HERRERA AND COUNCILMAN HUFF, CHINO HILLS/DIAMOND BAR SUB -COMMITTEE RE: PROPOSED TRES HERMANOS CONSERVATION AUTHORITY JOINT EXERCISE OF POWERS AGREEMENT DATE: MAY 5, 1998 RECOMMENDATION: It is recommended that the City Council approve conceptually the Tres Hermanos Conservation Authority joint exercise of powers agreement; and, direct the Mayor to execute the joint exercise of authority of powers agreement, subject to approval of final agreement form by the City Attorney. DISCUSSION: The 2,500 acre Tres Hermanos Ranch is located in the Cities of Chino Hills (approximately acres) and Diamond Bar (approximately 800 acres). The Tres Hermanos Ranch is owned by the Industry Urban Development Agency. This undeveloped and unplanned property is the largest land area remaining, within Diamond Bar. The Tres Hermanos Ranch property is one of the largest, single owner parcels remaining, in Chino Hills. Because of proximity of the property to each of the cities, the planning and conservation of the Tres Hermanos Ranch is more appropriately a cooperative and coordinated effort. To that end, the respective sub -committees of the Councils of Chino Hills and Diamond Bar have promulgated a draft Tres Hermanos Conservation Authority joint exercise of powers agreement, for each of Cities' City Councils to consider and approve. The purpose of the Tres Hermanos Conservation Authority joint exercise of powers agreement (THCA) is to provide for land use planning, transportation planning, impact mitigation planning and environmental conservation for the entirety of the Tres Hermans Ranch property. The THCA would be between the Cities of Chino Hills and Diamond Bar, which would considered member cities. Each member city would have two representatives on the THCA governing board. The City of Industry/Industry Urban Development Agency would be considered an Other Member (not a party to the agreement), as such Industry would have two representatives on the governing board. The governing board would have total of six members. MAY 5, 1998 PAGE 7 5-0 by Roll Call vote. (Will not be effective until 60 days from this date). 8. OLD BUSINESS: 8.1 BUDGET AMENDMENT FOR FY 1997/98 - The Municipal Budget for FY 1997-98, after the mid -year budget amendment, projected General Fund resources in the amount of $11,349,882 with appropriations amounting to $10,373,433. CM/Belanger requested an additional $40,300 for movers, phone system upgrade and 3 new workstations for secretaries for the City's new office space. Following discussion, moved by M/Herrera, seconded by C/O'Connor, to approve Budget Amendment #2, as amended, of the FY 1997-98 Municipal Budget. Motion carried 5-0 by Roll Call vote. 8.2 PROPOSED TRES HERMANOS CONSERVATION AUTHORITY JOINT EXERCISE OF POWERS AGREEMENT - This undeveloped and unplanned property is the largest land area remaining within D.B. The Tres Hermanos Ranch property is one of the largest, single owner parcels remaining in Chino Hills. Because of the proximity of the property to each of the cities, planning and conservation of the Ranch is more appropriately a cooperative and coordinated effort. To that end, the respective sub -committees of the Councils of Chino Hills and D.B. have promulgated a draft Tres Hermanos Conservation Authority joint exercise of powers agreement for each of Cities' City Councils to consider and approve. The purpose of the Tres Hermanos Conservation Authority joint exercise of powers agreement (THCA) is to provide for land use planning, transportation planning, impact mitigation planning and environmental conservation for the entirety of the Tres Hermanos Ranch property. Martha Bruske - expressed concern regarding the proposed agreement. Moved by MPT/Chang, seconded by C/Huff to approve conceptually the Tres Hermanos Conservation Authority joint exercise of powers agreement with the City of Chino Hills and bring the matter back for final approval by the City Council. Motion carried 5-0 by Roll Call vote. 9. NEW BUSINESS: None RECESS TO REDEVELOPMENT AGENCY MEETING 10:22 p.m. 1. CALL TO ORDER: Chairman Huff MAY 5, 1998 PAGE 8 ROLL CALL: Agency Members Chang, Herrera, O'Connor, C/Huff. VC/Ansari was excused. Also present were: Terrence L. Belanger, Executive Director; Michael Jenkins, Agency Attorney; James DeStefano, Deputy City Manager; David Liu, Deputy Public Works Director; Bob Rose, Community Services Director; Mike Nelson, Communications & Marketing Manager and Lynda Burgess, Agency Secretary. 2. PUBLIC COMMENTS: None offered. 3. CONSENT CALENDAR: Moved by 4 5. IN 3.1 APPROVED MINUTES - Regular Meeting of April 21, 1998 - As submitted. 3.2 APPROVED VOUCHER REGISTER - dated May 5, 1998 in the amount of $7,460.75. 3.3 ADOPTED RESOLUTION N0. RA98-01A: A RESOLUTION OF THE DIAMOND BAR REDEVELOPMENT AGENCY AMENDING ADVANCE AND REIMBURSEMENT AGREEMENT NO. 6 WITH THE CITY OF DIAMOND BAR AND CONTRACT AMENDMENT WITH O'ROURKE ENGINEERING FOR TRAFFIC SIGNAL WARRANT STUDY - Moved by AM/O'Connor, seconded by AM/Herrera to amend Section 7 of the Advance & Reimbursement Agreement No. 6 as well as the agreement with O'Rourke Engineering from $11,000 to $11,500. PUBLIC HEARINGS: 4.1 JOINT PUBLIC HEARING WITH DIAMOND BAR CITY COUNCIL - Payment by Agency for part of the cost of installation and construction of improvements to the D.B. Branch of the County Public Library - (See Agenda No. 7.2 City Council Public Hearings). OLD BUSINESS: None NEW BUSINESS: None 7• AGENCY MEMBER COMMENTS: AM/Herrera indicated that she was pleased that the Library is finally being improved. AGENCY ADJOURNMENT: 10:28 p.m. to Monday, May 18, 1998. RECONVENE CITY COUNCIL MEETING: 10:28 p.m. 10. COUNCIL SUB -COMMITTEE REPORTS: 11. COUNCIL MEMBER COMMENTS: MAY 5, 1998 PAGE 9 12. ADJOURNMENT: At 11:40 p.m. to Monday, May 18, 1998 at 4:00 p.m., for Budget Study Session. THCA MAY 5, 1998 PAGE TWO The funding of the THCA would be on an "as needed" basis, contingent upon active analyses, reports and other activities that the THCA deems necess p move studies, fund activities as appropriate. The Other Member's annual fundinresponsibility he ember Cities would equivalent of fifty percent (50%) of the sum of the Member Cities annul contributions. the The City Attorneys of Chino Hills and Diamond Bar are reviewing t tions. form. When the Attorneys approve the a 8 he agreement, as to it's then sign it, agreement as to form, the Mayors of each City would MEW TRES HERMANOS CONSERVATION AUTHORITY JOINT EXERCISE OF POWERS AGREEMENT Whereas: There exists a large, undeveloped area of real property commonly known as the Tres Hermanos Ranch area, the majority of which is owned by the City of Industry's Urban Development Agency, and which is located within the incorporated boundaries of the City of Diamond Bar and the City of Chino Hills; and, Whereas: The Tres Hermans Ranch area may serve and function as an important environmental, scientific, educational and recreational resource as well as an integral traffic/land use component of the sub -region for which future land -use and transportation decisions require careful and comprehensive planning to best serve future generations and public interests of all these jurisdictions; and, Therefore: Pursuant to the Joint Exercise of Powers Act (Government Code Section 6500 et seq.) the following public entities of the State of California executing this agreement agree as follows: PURPOSE: 1.0 The purpose of this agreement is to provide for the land use planning, transportation planning, impact mitigation planning and environmental conservation of the Tres Hermans Ranch area, through a joint powers authority known as the Tres Hermans Conservation Authority. 1.1 As a further necessary and integral purpose of this agreement, the acquisition and/or conservation of additional lands for wetlands, natural open space, educational, recreational, and infrastructure improvements is contemplated, where such acquisition, conservation and improvements can be accomplished consistent with the policies of the Tres Hermanos Conservation Authority and the planning, conservation and development policies of the respective jurisdictions in which such activities take place. 1.2 Acquisition may be by way of gift, devise, purchase, exchange, exaction or eminent domain (subject to the limitations contained in this Agreement). 2. SEPARATE ENTITY 2.0 The "Tres Hermanos Conservation Authority" (hereinafter "THCA") is hereby established as a separate public entity within the meaning, and for the purposes of, the Joint Exercise of Powers Act (Government Code Section 6500 et seq.) upon execution of this document by the two public entities within which jurisdiction lies that area known as the "Tres Hermanos Ranch ". 2.1 For the purposes of this agreement, the public entities within which jurisdiction lies that area known as the "Tres Hermans Ranch" are the City of Chino Hills and the City of Diamond Bar. . 3. GOVERNING BOARD 3.0 The THCA shall be governed by a "board constituted pursuant to the agreement" within the meaning of Government Code Section 6506. 3.1 The Governing Board of the THCA is hereby established as follows: (a) Member Cities: (1) The city council of the municipality of Chino Hills shall appoint two (2) representatives and one (1) alternate to serve on the THCA Governing Board at the pleasure of such appointing power. (2) The city council of the municipality of Diamond Bar shall appoint two (2) representatives and one (1) alternate to serve on the THCA Governing Board at the pleasure of such appointing power. (b) Other Members (1) The property owner of the majority holdings of the areas contained within the area subject to the provisions of this JPA may appoint (2) two representative and one (1) alternate to serve on the THCA Governing Board, at the pleasure of the property owner. 3.2 An alternate Governing Board member may participate or vote in the proceedings of the Governing Board only in the absence of an appointed Governing Board member. Governing Board members (and alternate Governing Board members) shall be entitled to participate and vote on matters pending before the Governing Board only if such person is physically present at the meeting of the Governing Board. No Board member or alternate may vote by proxy. 4. COMMON POWERS 4.0 The members hereto agree to exercise their common powers to the maximum extent thereof for the purposes of implementing this agreement, including, but not limited to, all the powers specified in Government Code Section 6508. 4.1 Such powers are subject to the restriction upon the manner of exercising the powers as imposed upon the City of Chino Hills and the City of Diamond Bar, as provided in, and for the purposes of, Government Code Section 6509. 4.2 The THCA shall exercise its powers only in a manner consistent with the provisions of applicable law, this Agreement and any bylaws adopted by the THCA Governing Board. 4.3 The THCA may raise revenues, pursuant to State law. 4.4 The THCA shall have the power to enact necessary ordinances, resolutions or directives that operate to obligate and/or regulate persons and/or property within and/or the propoerty of the jurisdictions of member organizations, including the power of eminent domain, which shall be subject to the restrictions provided in this agreement. 5. MEMBER CONTRIBUTIONS - Member Cities: (1) Exclusive of any grants or contributions, each member city, from time to time, may commit to studies, reports and other such activities for the THCA. Further, pursuant to THCA Board adopted by-laws, each member city shall contribute per annum, monies as determined to be needed. (2) Contribution is here defined to include monetary contributions, if any, and the reasonable value of the services of any employees of the member city loaned by it to the THCA, if any. This section shall not affect the mutual exchange of services between a member of this agreement and the THCA without payment of any consideration permitted by Section 6506 of the Government Code. (b) Other Members-. (1) Contribution is here defined to include monetary contributions, if any, and the reasonable value of the services of any employees of "Other Members" loaned by them to the THCA, if any. This section shall not affect the mutual exchange of services between member of this agreement and the THA without payment of any consideration permitted by Section 6506 of the Government Code. (2) The annual contribution of a property owner whose property is subject to the provisions of this Agreement shall be equal to 50% of the sum of all Member Cities annual contribution. 6. MEETINGS 6.1 All meetings of the THCA Governing Board shall be called, held and conducted in accordance with the provisions of the Ralph M. Brown Act and with such further rules of the THCA Governing Board as are not inconsistent therewith. 6.2 The THCA shall keep, or cause to be kept, the minutes of the THCA Governing Board's meetings, and shall as soon as possible after each meeting, forward a copy of the minutes to each member of the THCA Governing Board and to the governing body of each of the participating entities to this agreement. 7. QUORUM AND PROCEDURES 7.1 A majority of the THCA Governing Board shall constitute a quorum for the transaction of business. 7.2 The affirmative vote of a majority of those members present and voting shall constitute an action of the THCA Governing Board, except that each THCA member city shall have veto power over any singular proposed action to be taken by the THCA Governing Board. A THCA member city will exercise its veto power when, and only when, both of its representatives are physically present and both vote in opposition to any singular THCA Governing Board proposed action or motion. 7.3 Where applicable, Robert's Rules of Order, Newly Revised, shall govern the procedures of the THCA Governing Board, except when inconsistent with the other provisions of this agreement and/or the Ralph M. Brown Act. 8. COMPENSATION 8.1 Individual members of the THCA Governing Board shall serve without compensation; except, pursuant to THCA Board adopted by-laws, that a reasonable allowance or reimbursement for attendance at meetings of the TBPA Governing Board, as determined by the THCA Governing Board, may be paid an amount per meeting to the extent compatible with Government Code Section 1 126, Public Contract Code Sub -Sections 10410 and 1041 1, and any other statute. 9. ADMINISTRATION: 9.0 The THCA shall be administered jointly by members of the professional staff or consultant,when appropriate; who shall perform the functions stated in Government Code Section 6505.5 9.1 The THCA Board of Directors shall appoint an Executive Director of the THCA. The THCA shall be responsible for the compensation costs incurred pursuant to this section, through the THCA general fund created pursuant to Section 5. 9.2 The THCA Board shall appoint a treasurer or, in the alternative, a certified public accountant; and, designate the depository of the THCA. The Executive Director of the THCA may be designated as the treasurer of the THCA and shall perform the functions stated In Government Code Section 6505.5. The THCA shall be responsible for the costs incurred pursuant to this section. 9.3 The Executive Director shall perform such duties as may be imposed upon that person by provisions of applicable law, any by-laws adopted by the THCA Governing Board, or by direction of the Governing Board. 9.4 The the Executive Director of the THCA, serves at the pleasure of the THCA Board of Directors. 9.5 The THCA may select legal counsel from one of its member organizations, or it may retain independent counsel. The THCA shall reimburse the member organization providing such legal counsel for costs incurred pursuant to this section. 9.6 To implement this agreement, the member organizations may assign employees to the THCA. 9.7 To achieve the purposes of this agreement, the THCA may establish positions and fix the salaries for employees of the THCA. The Executive Director of the THCA shall appoint such other employees for positions established by the THCA Governing Board and shall be responsible for the supervision thereof. 10. FISCAL CONTROLS 10.0 The fiscal year of the THCA shall be the fiscal year of the City of Diamond Bar and the City of Chino Hills, July 1 to June 30, or as established from time to time by the THCA member cities. 10.1 To the extent funds are legally available therefore, the member organizations are hereby authorized to make payments, grants and contributions of public funds, as provided in Section 6504 of the Government Code. 10.2 The THCA shall be strictly accountable for all funds, receipts and disbursements. The THCA shall prepare an annual budget, in a form approved by the THCA Governing Board, which budget shall be submitted to the THCA Governing Board for approval by a majority vote of the members present. Public funds may not be disbursed by the THCA without approval of the adopted budget of the THCA, and all receipts and disbursements shall be in strict conformance with the adopted and approved budget. 10.3 The Treasurer of the THCA shall be the depository and have custody of all money of the THCA from whatever source. The Treasurer shall - (a.) Receive all money of the THCA and place it in the treasury of the THCA, or other appropriate account approved by the Governing Board of the THCA. (b) Be responsible on his official bond for the safekeeping and disbursement of all THCA money so held by him or her. (c.) Pay, when due, out of money of the THCA so held, all sums due on outstanding obligations approved by the THCA Governing Board. Said sums shall be paid only by warrants to the Treasurer issued by the THCA Governing Board. (d.) Verify and report in writing on a quarterly basis to the THCA Governing Board, and to the member organizations, the amount of receipts since the last report and the amount paid out since the last report. (e) Contract with a certified public accountant to make an annual audit of the accounts and records of the THCA. In each case, the minimum requirements of the audit shall be those prescribed by the State Controller for special districts under Section 26909 of the Government Code, and shall conform to generally accepted auditing standards. Such audit reports shall be filed within six months of the end of the fiscal year under examination. Any costs of the audit, including contracts with or employment of a certified public accountant, shall be borne by the THCA and charged against any unencumbered funds of the THCA. 10.4 The THCA Governing Board shall have the power to invest any money in the treasury of the THCA that is not required for the immediate necessities of the THCA, as the THCA Governing Board determines advisable, in the same manner and upon the same conditions as local agencies pursuant to Section 53601 of the Government Code. 11. BONDS 11.0 The Executive Director shall file an official bond with the THCA. When deemed appropriate by the THCA Governing Board, a master bond may be utilized as referred to in Government Code Section 1481. The bond shall be in the amount of not less than $50,000 per individual bonded. The premium shall be paid by the THCA. 12. LIABILITY 12.0 The tort liability of the THCA, all members of the Governing Board, Executive Director and all employees of the THCA shall be controlled by the provisions of Division 3.6 of the Government Code. The provisions of Division 3.6 of the Government Code relating to indemnification of public employees and the defense of actions arising out of any act or omission occurring in the scope of their employment shall apply to all members of the Governing Board, officers and employees with respect to the THCA. 12.1 The THCA Governing Board may choose to insure itself, its member organizations, the officers and employees of the THCA in a manner, form and amount appropriate and acceptable to the THCA Governing Board. The THCA may maintain such public liability and other insurance as, in its discretion, is deemed appropriate and to the extent the cost of premiums thereof are provided for in the approved budget of the THCA. 12.2 Except as provided in paragraph 13.0 and 13.1 of this agreement; neither the THCA nor the THCA Governing Board shall have the power or authority to bind the parties to this agreement, or any of them, to any debt, liability, contract, or obligation, or to employ any person on behalf of the parties, or any of them. No party to this agreement shall be responsible, directly or indirectly, for any obligation, debt or liability of the THCA whatsoever, except as provided in this agreement. 12.3 No action or omission of the THCA, THCA Governing Board, THCA Governing Board member, THCA member organizations, THCA Executive Director or THCA employee, or any of them, shall be attributable to any other parties to this agreement. 12.4 All liabilities of the THCA, THCA Governing Board, THCA Governing Board member, THCA Executive Director or THCA employee acting for or on behalf of the THCA, or any of them, shall be the liabilities of the THCA solely and not of any of the parties to this agreement. 13. ADDITIONAL MEMBERS 13.0 The Cities of Chino Hills and Diamond Bar; the City of Industry, or alternatively, the Industry Urban Development Agency may become parties to this Agreement at any time. The addition of any party not listed here shall require the approval of the THCA Governing Board. 14. WITHDRAWAL OF PARTIES 14.0 Any member organization may withdraw as a party to this Agreement provided that: (a.) At the time of withdrawal, that member organization has either discharged or arranged to the satisfaction of the remaining members of the THCA Governing Board for the discharge of any pending legal or financial obligations it has assumed under or pursuant to this Agreement; and, (b) It provides written notice of its intent to withdraw to the THCA Executive Director not less than three months prior to the effective date of its withdrawal. 14.1 This Agreement shall remain in effect so long as two or more member cities as defined in paragraph 3.1 (a.) of this agreement are parties to this Agreement. 15. DISPOSITION OF PROPERTY AND FUNDS 15.0 Upon termination of this Agreement, the THCA forthwith shall wind up its affairs, including discharging all of its outstanding legal obligations. Personal property and funds remaining in the THCA possession shall be returned to the party from which the funds or personal property were obtained, except as mutually agreed by the parties. All real property owned by the THCA shall be conveyed as the THCA Governing Board shall determine, and if no determination is made, then such real property shall be offered for sale to the State Park System. 16. NON -DIS CRIMINATION 16.0 The provisions of the State of California Non -Discrimination .Clause (Form 178) this reference, incorporated herein. 17. AMENDMENT TO THIS AGREEMENT 17.0 The provisions of this agreement shall be amended, solely, upon the adoption of a resolution to amend, by each party to the agreement. In Witness Whereof, the parties hereto have caused this agreement to be executed by their duly authorized representatives: CITY OF CHINO HILLS M CITY OF DIAMOND BAR