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HomeMy WebLinkAbout6/16/1998Cit�y IC C °enc AGENDA II Tuesday, June 16,1998 5:00 p.m. Study Session CC 3 & 5 6:30 p.m. Regular Meeting South Coast Air Quality Management District Auditorium 21865 East Copley Drive Diamond Bar, California 91765 Mayor Mayor Pro Tem 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 appy to Committee meetings) In accordance with State Law (Brown Act), all matters to be acted on by the City Council must be posted at least 72 hours prior to the Council meeting. In cases of emergency or when a subject matter arises subsequent to the posting of the agenda, upon making certain findings, the Council may act on an item that is not on the posted agenda. CONDUCT IN THE CITY COUNCIL CHAMBERS The Chair shall order removed from the Council Chambers any person who commits the following acts in respect to a regular or special meeting of the Diamond Bar City Council. A. Disorderly behavior toward the Councilor any member of the thereof, tending to interrupt the due and orderly course of said meeting. B. A breach of the peace, boisterous conduct or violent disturbance, tending to interrupt the due and orderly course of said meeting. C. Disobedience of any lawful order of the Chair, which shall include an order to be seated or to refrain from addressing the Board; and D. Any other unlawful interference with the due and orderly conduct of said meeting. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COUNCIL Agendas for the regular Diamond Bar City Council meetings are prepared by the City Clerk and are available 72 hours prior to the meeting. Agendas are available electronically and may be accessed by a personal computer through a phone modem. Every meeting of the City Council is recorded on cassette tapes and duplicate tapes are available for a nominal charge. ADA REQUIREMENTS A cordless microphone is available for those persons with mobility impairments who cannot access the public speaking area. Sign language interpreter services are also available by giving notice at least three business days in advance of the meeting. Please telephone (909) 860-2489 between 8 a.m. and 5 p.m. Monday through Friday. HELPFUL PHONE NUMBERS Copies of Agenda, Rules of the Council, Cassette Tapes of Meetings (909) 860-2489 Computer Access to Agendas (909) 860 -LINE General Information (909) 860-2489 NOTE: ACTION MAY BE TAKEN ON ANY ITEM IDENTIFIED ON THE AGENDA. **** TO ACCESS THIS AGENDA PACKET VIA THE INTERNET, PLEASE USE THE FOLLOWING: http://www.ci.diamond-bar.ca.us/dscvr2b.htm****** THIS MEETING IS BEING BROADCAST LIVE BY CENTURY COMMUNICATIONS FOR AIRING ON CHANNEL 12, AND BY REMAINING IN THE ROOM, YOU -ARE GIVING YOUR -PERMISSION TO BE TELEVISED. THIS MEETING WILL BE RE -BROADCAST ON THE SATURDAY FOLLOWING THE COUNCIL MEETING AT 10:00 A.M. ON CHANNEL 12. Next Resolution No. 98-37 Next Ordinance No. 02(1998) STUDY SESSION: 5:00 p.m.- CC -3 & 5 Discussion Re: In -House Recreation Services 1. CLOSED SESSION: 2. CALL TO ORDER: PLEDGE OF ALLEGIANCE: INVOCATION: of Diamond Bar 6:30 p.m., June 16, 1998 6 . �Is py) ra 'P,- P -h o ('e'z Pastor Larry Grigsby - Calvary Chapel ROLL CALL: Council Members Ansari, Huff, O'Connor, Mayor Pro Tem Chang, Mayor Herrera APPROVAL OF AGENDA: Mayor 3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 3.1 Presentation of Certificate of Recognition to Andrew Badger, Diamond Bar High School Graduate, for his accomplishments in Track and Field. 3.2 Staff presentation on expansion of Cal Trans Park -N -Ride at D.B. Blvd. and 60 Freeway 4. •PUBLIC COMi4ENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Although the City Council values your comments, pursuant to the Brown Act, the Council generally cannot take any action on items not listed on the posted agenda. Please complete a Speaker's Card and give it to the City Clerk (completion of this form is voluntary). There is a five minute maximum time limit when addressing the City Council. 5. SCHEDULE OF FUTURE EVENTS: 5.1 SUMMER CONCERTS IN THE PARK SERIES BEGINS - Mike Henebry Orchestra (Big Band) - June 17, 1998 - 6:30 p.m., JUNE 16, 1998 Sycamore Canyon Park PAGE 2 5.2 PLANNING COMMISSION - June 23, 1998 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.3 CONCERTS IN THE PARK - The Hodads (70's Retro Party Time) June 24, 1998 - 6:30 p.m., Sycamore Canyon Park 5.4 PARKS & RECREATION COMMISSION - June 25, 1998 - 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. 5.5 CONCERTS IN THE PARK - Long Beach Junior Concert (Patriotic) - July 1, 1998 - 6:30 p.m., Sycamore Canyon Park 5.6 JULY 4TH HOLIDAY - In observance of the July 4th Holiday, City Offices will be closed Friday, July 3, 1998. /Offices will reopen Monday, July 6, 1998 5.7 CITY COUNCIL MEETING - July 7, 1998 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Dr. 6. CONSENT CALENDAR: 6.1 APPROVAL OF MINUTES - Regular Meeting of June 2, 1998 - ���� C�\ ) Approve as submitted. Requested by: City Clerk Ui 6.2 TRAFFIC & TRANSPORTATION COMMISSION MINUTES - Regular Meeting of April 9, 1998 - Receive and file. �D' S Requested by: Public Works Division 6.3 PLANNING COMMISSION MINUTES: 6.3.1 Regular Meeting of April 28, 1998 - Receive and file. 6.3.2 Regular Meeting of May 12, 1998 - Receive and file. Requested by: Planning Division 6.4 VOUCHER REGISTER - Approve Voucher Register dated June 16, 1998 in the amount of $333,606.29.' Requested by: City Manager 6.5 MEMBERSHIP OF THE VENTURA PORT DISTRICT, GATEWAY CITIES COUNCIL OF GOVERNMENTS (COG), AND AGOURA HILLS AND CALABASAS COMMUNITY CENTER AUTHORITY (CCA) INTO THE JUNE 16, 1998 PAGE 3 CALIFORNIA JOINT POWERS INSURANCE AUTHORITY (CJPIA) - The California Joint Powers Insurance Authority Executive Committee, at their meeting of May 27, 1998, recommended approval of the Ventura Port District, Gateway Cities COG, and Agoura Hills and Calabasas CCA for membership in the Authority. Entities 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 Ventura Port District, Gateway Cities COG, and Agoura Hills and Calabasas (CCA) in the CJPIA and authorize the Mayor to execute the consent form as the City's delegate to the Authority. Requested by: City Manager 6.6 EXONERATION OF CASH DEPOSIT IN LIEU OF GRADING BOND(FAITHFUL PERFORMANCE, LABOR & MATERIAL) FOR 2653 WAGON TRAIN - The Owner, Irma Sands, requests release of her Cash Deposit in Lieu of Grading Bond for improvement security as required in accordance with the Subdivision. Map Act. The City Engineer finds that the owner performed all work as shown on the grading plan on file with the City. Recommended Action: It is recommended that the City Council approve the exoneration of Cash Deposit in the amount of $5,400 posted with the City on January 15, 1992 and that the City Clerk notify the Owner and Surety of this action. Requested by: Public Works Division 6.7 APPROVAL OF AMENDMENT NO. 3 TO CONTRACT WITH DIVERSIFIE-1 PARATRANSIT, INC. FOR MONTH-TO-MONTH DIAMOND RIDE SERVICES - The contract with Diversified Paratransit, Inc. for Dial -A -Cab services expires on June 30, 1998. (� In order to continue these services, it is proposed that the contract be modified to month-to-month with a 30 -day termination clause. Diversified has agreed to continue the service at the same rates as those currently charged. Dial-A-Cab services are included in the proposed FY 98/99 budget at $23,000 per month from Proposition A - Transit Funds. Recommended Action: It is recommended that the City Council approve Amendment No. 3 to the Agreement with Diversified Paratransit, Inc. for Dial -A -Cab Services to be continued on a monthly basis. Requested by: City Manager JUNE 16, 1998 PAGE 4 6.8 APPROVAL OF INCREASE IN CONTRACT WITH PAUL WRIGHT FOR AUDIO/VISUAL SERVICES - To enable the City to utilize the- aouth Coast Air Quality District (AQMD) Auditorium, the City must contract ,with the AQMD audio/visual specialist, Paul Wright. Mr. Wright has been providing AV and support services for Council and Planning Commission meetings. The City pays $35/hour for meetings and support services (tape duplication). Currently, the City has paid $9,805 in services to Mr. Wright through the City Council June 5, 1998 meeting. There is one City Council and two Planning Commission Meetings remaining to be invoiced. With the invoice, Mr. Wright will exceed the $10,000 City Manager's authority. Recommended Action: It is Council approve an increase Wright by $750, for a total Requested by: City Manager recommended that the City in the contract with Paul contract of $10,650. 6.9 EXTENSION OF MAINTENANCE CONTRACTS - CPO - '0 a) °( b �� CITY-WIDE STREET TREE MAINTENANCE CONTRACT WITH WEST COAST ARBORISTS, INC. - On July 5, 1994, Council awarded a contract to West Coast Arborists, Inc. for City-wide street tree maintenance. The contract allows Council to extend the duration on an annual basis if an extension is deemed to be in the best interest of the City. The contract also allows Council to determine the quantity of work to be performed by the contractor on an annual basis. GRAFFITI REMOVAL CONTRACT WITH GRAFFITI CONTROL SYSTEMS - On May 18, 1993, Council awarded a contract to Graffiti Control Systems in the amount of $16,590 ($30/site) for ?supplemental graffiti removal through June 30, 19�e. The contract allows extension on an annual basis and adjustment of the quantity of work to serve the best interests of the City. c) WEED/LITTER ABATEMENT CONTRACT WITH LANTERMAN DEVELOPMENTAL CENTER - For the past 8 years, Council has contracted with Lanterman Developmental Center for supplemental weed and litter abatement services. The contract calls for 10.8 miles of public right-of-way for litter abatement three times/month for $839.44/month and weed abatement in a variety of areas one time/month for $2,136.38/four months. JUNE 16, 1998 PAGE 5 Recommended Action: It is recommended that the City Council approve: a) extension of the contract _for City-wide street tree maintenance with West Coast Arborists, Inc. in an amount not to'exceed $60,000 for FY 98/99; b) extension of the contract for graffiti removal with Graffiti Control Systems in an amount not to exceed $35,000 ($30/site/1,160 sites); and c) approve extension of the contract with Community Industries, Lanterman Developmental Center, for supplemental weed and litter abatement for FY 98/99 for a total contract amount of $16,483. Requested by: Community Services Division ��1998, AWARD OF CONTRACT FOR LANDSCAPE MAINTENANCE = On May 5, Council adopted Resolution No. 98-26 approving Yeo plans and specifications for Citywide Landscape 0 Maintenance Services. Bids were received from three W U�l contractors, which were opened and publicly read on June 4, 1998. Accurate Landscape and Maintenance submitted the lowest responsible bid in the amount of $233,364. Accurate has been successfully providing various maintenance services for the City since 1991. Recommended Action: It is recommended that the City Council award a contract for Citywide Landscape Maintenance Services to Accurate Landscape and Maintenance in the amount of $233,364 plus a contingency Of up to $50,000 for additional necessary work, limited to those items identified in the specifications. Requested by: Community Services Division 6.11 LAWARD OF CONTRACT FOR DIAMOND BAR BOULEVARD AT MONTEFINO AND QUAIL SUMMIT TRAFFIC SIGNALIZATION: 6> a) AWARD OF CONTRACT FOR CONSTRUCTION - On May 5, 1998, Council adopted Resolution No. 98-25 approving specifications for the D.B. Blvd. at Montefino Ave. and Quail Summit Dr. Traffic Signal Installation project. Six bids were submitted and opened on May 26, 1998 and the apparent low bidder was Pro Tech Electrical. b) AWARD OF CONTRACT FOR INSPECTION SERVICES - On May 51 1998, Council adopted Resolution No. 98-25 approving specifications for the Diamond Bar Blvd. at Montefino Ave. and Quail Summit Dr. Traffic Signal Installation Project. On May 5, 1998, the Public Works Division solicited proposals for Professional Inspection Services for the Traffic Signal Installation Project. JUNE 16, 1998 PAGE 6 Recommended Action: It is recommended that the City Council award contracts to: a) Pro Tech Electrical - in an amount not to exceed $159,700 and authorize a contingency amount of $16,000 for project change orders to be approved by the City Manager, for a total authorization of $175,700; and b) award an inspection service contract to Warren Siecke in an amount not to exceed $15,732 and authorize a contingency amount of $1,600 for project change orders to be approved by the City Manager, for a total authorization of $17,332. Requested by: Public Works Division 6.12 RESOLUTION NO. 91-72C: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING RESOLUTION NO. 91-72B PRESCRIBING A METHOD OF DRAWING WARRANTS AND CHECKS UPON CITY FUNDS - Resolution No. 91-72B authorized the Mayor, City Treasurer and the Ass't. Finance Director to sign City warrants and checks. Resolution No. 91-72C adds the position of Deputy City Manager as an authorized signer of City warrants and checks. Sc�ns� C)uusc� {� Cfcf �c Recommended Action: It is recommended that the City Council adopt Resolution No. 91-72C prescribing a method of drawing warrants and checks upon City funds. Requested by: City Manager 6.13 RESOLUTION NO. 98 i A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING SPECIFICATIONS FOR SIDEWALKS AND HANDICAP RAMPS THROUGHOUT THE CITY OF DIAMOND BAR THROUGH THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) - FY 97/98 CDBG Projects are for sidewalk installation on Golden Spgs. Dr. between 21450 Golden Spgs. Dr. (Walnut Pools) and Copley Dr. and on Diamond Bar Blvd. between Steep Canyon Rd. and Golden Spgs. Dr. Hall & Foreman has prepared specifications for these projects. S Recommended Action: It is recommended that the City Council adopt Resolution No. 98 -XX approving specifications for the 97/98 CDBG Sidewalks and Handicap Ramps Project and authorize the City Clerk to advertise the project for bids. Requested by: Public Works Division 6.14 CONTRACT AMENDMENT/BUDGET ADJUSTMENT FOR D & J ENGINEERING FOR BUILDING & SAFETY SERVICES - The amended FY 97/98 Budget estimates revenues for Building & Safety 119r contract services at $443,450 and estimated expenditures of $281,000. Service expenditures are based upon a c JUNE 16, 1998 PAGE 7 percentage of the building permit, plan checking and inspection revenues received by the City. Sales of homes at -the Standard Pacific project are exceeding expectations. Requests for additional construction permits will result in a necessary increase in the budgeted revenues and expenditures for the balance of the FY 97/98. As a result of the anticipated activity, it is necessary to increase FY 97/98 revenues for building and safety contracted services by $100,000 to $543,450 and expenditures by $60,000 to $341,000. Recommended Action: It is recommended that the City Council approve a budget adjustment increasing revenues for Building & Safety Services by $100,000 and expenditures by $60,000. Requested by: City Manager 6.15 1 WARD OF CONTRACT FOR PURCHASE_ OF COPIERS Staff solicited proposals for purchase of two copies. (Ifo Following analysis, staff identified that the Xerox 5100 is (Co z�, the model which would best suit the City's current and future needs. The City has the option of purchasing two re -manufactured Xerox 5100A copiers from Xerox J Corporation for $44,382 ($20,500 plus tax each). Recommended Action: It is recommended that the City Council authorize purchase of two re -manufactured Xerox 5100A copiers from Xerox Corporation for total cost of $44,382 and authorize a one-year contract with Xerox for full service maintenance at a rate of approximately $1,121 per month. Requested by: City Manager C � �I J ^n� 6.16�APPROVAL OF PURCHASE ORDER FOR LASER RADAR GUNS - The Walnut Sheriff Station has requested the City to purchase three laser radar guns which will be used by the D.B. motorcycle patrol units. The laser radar guns will be purchased through State COPS funding, which was budgeted in the 1997-98 budget. The Sheriff's Department and City received specifications and bids from three companies. Based upon review of the specifications, it is recommended that the City purchase three Kustom Signals- Prolaser Lidar System radar guns. The Lidar system is preferred by the judicial system, due to the quality of the reading and elimination of "false" readings. The guns range from $3,125 to $3,995. Recommended Action: It is recommended that the City Council approve a Purchase Order with Kustom Signals, Inc. for $12,973.76. JUNE 16, 1998 PAGE 8 Requested by: City Manager !,�APPROVAL k OF CONTRACT WITH ARMENTROUT CONSULTANTS FOR EMERGENCY PREPAREDNESS SERVICES - The preservation of life and property is an inherent responsibility of local, state and federal governments. This is assisted through planning for emergencies and being able to respond C , adequately. In 1992, Armentrout Consultants prepared the ^� J City's Multihazard Functional Plan which serves as a basis for the City's emergency organization and operations. In 1994, coordination of Emergency Services were brought in-house. Due to re -organization, the City requested proposals/applications for an Emergency Services Coordinator in December, 1997; the City received 2 responses. Armentrout Consultants were deemed to be the most qualified and began providing emergency preparedness services to the City in February, 1998. Armentrout Consultants has prepared the draft Emergency Operations Plan and will be completing the S.E.M.S. document and training. The agreement for Armentrout Consulting contains a not -to -exceed figure of $16,640 for approximately 16 hours/week. Recommended Action: It is recommended that the City Council approve an Amendment to the Professional Services Agreement with Armentrout Consulting for Emergency Preparedness Services for one year in the amount not -to - exceed $16,640. Requested by: City Manager 7. PUBLIC SFARINGS: 7:00 p.m., or as soon thereafter as matters can be heard. 7.1 a) PUBLIC HEARING - RESOLUTION NO. 9B -,XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR LEVYING AN (��✓6 ASSESSMENT ON CITY OF DIAMOND BAR ASSESSMENT DISTRICT NO, 38 FOR THE FISCAL YEAR 1998-99 - On May 18, 1998, Council �J approved the Engineer's Report and adopted Resolution No. �aJch,ve 98-29 to declare the City's intention to levy and collect '0�. assessments for District No. 38. Council also set June (, 16, 1998 as the public hearing date on the levy of the proposed assessments on assessable lots within this District for FY 98/99. Recommended Action: It is recommended that the City Council open the public hearing, receive testimony, close the public hearing and adopt Resolution No. 98 -XX to set the assessment for FY 98/99 for Landscaping Assessment District No. 38. JUNE 16, 1998 PAGE 9 b) PUBLIC HEARING - RESOLUTION NO. 98 )�XA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR LEVYING AN c� ASSESSMENT ON CITY OF DIAMOND BAR ASSESSMENT DISTRICT NO. 39 FOR THE FISCAL YEAR 1998-99 - On May 18, 1998, Council approved the Engineer's Report and adopted Resolution No. 98-30 to declare City's intention to levy and collect assessments for District No. 39. Council also set June 16, 1998 as the public hearing date on the levy of the proposed assessments on assessable lots within this District for FY 98/99. Recommended Action: It is recommended that the City Council open the public hearing, receive testimony, close the public hearing and adopt Resolution No. 98 -XX to set the assessment for FY 1998-99 for Landscaping Assessment District No. 39. ty r) c) PUBLIC HEARING - RESOLUTION NO. 987XKI A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR LEVYING AN ASSESSMENT ON CITY OF DIAMOND BAR ASSESSMENT DISTRICT NO. 41 FOR THE FISCAL YEAR 1998-99 - On May 18, 1998, Council Sd�J approved the Engineer's Report and adopted Resolution No. (� f00C 98-31 to declare City's intention to levy and collect �O assessments for District No. 41. Council also set June 16, 1998 as the public hearing date on the levy of the proposed assessments on assessable lots within this District for FY 1998-99. Recommended Action: It is recommended that the City Council open the public hearing, receive testimony, close the public hearing and adopt Resolution No. 98 -XX to set the assessment for FY 1998-99 for Landscaping Assessment District No. 41. Requested by: Public Works Division 7.2 CONTINUED PUBLIC HEARING - MUNICIPAL BUDGET 1998-99 - Open the public hearing and take testimony on the ! following topics: 1 n l/ ��p y (a) RESOLUTION NO. 89-88A - A RESOLUTION OF THE CITY Vy,fj� COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, AMENDING RESOLUTION 89-88 APPROVING AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF DIAMOND BAR - Continued from June 2, 1998. Recommended Action: It is recommended that the City Council adopt Resolution No. 98 -XX approving an amendment to the contract with the Board of Administration of the Public Employees' Retirement System. JUNE 16, 1998 PAGE 10 (b) SECOND READING, ORDINANCE NO. 26A(1989): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMEN QING ORDINANCE NO. 26(1989), AUTHORIZING AN AMENDMENT I" lQ `� Mesa TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF Y�nO DIAMOND BAR AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. Recommended Action: It is recommended that the City Council approve the use of the County of Los Angeles population percentage change for use in calculating the FY 1998-99 Appropriations Limit and adopt Resolution No. 98 -XX, establishing the FY 98/99 Appropriations Limit at $16,482,389. Recommended Action: It is recommended that the City \)� Council approve for second reading by title only and waive full reading and adopt Ordinance No. 26A(1989) �0INVESTMENT authorizing an amendment to the Contract between the City 1� "ty �i Council of the City of Diamond Bar and the Board of Administration of the California Public Employees' Retirement System. (c) RESOLUTION NO. 98 A RESOLUTION OF THE CITY COUNCIL OF THE CITY 0 DIAMOND BAR, COUNTY OF LOS iU ANGELES, STATE OF CALIFORNIA, SETTING THE APPROPRIATIONS Chu LIMIT FOR FISCAL YEAR 1998-1999 FOR THE CITY OF DIAMOND S C BAR IN ACCORDANCE WITH THE PROVISIONS OF DIVISION 9 OF TITLE 1 OF THE GOVERNMENT CODE - Submitted for the Council's review and approval is the Appropriations Limit \�`N9 recommendation for FY 1998-99. In addition, Council is requested to approve the adjustment factors used in the calculation of the Appropriations Limit. Recommended Action: It is recommended that the City Council approve the use of the County of Los Angeles population percentage change for use in calculating the FY 1998-99 Appropriations Limit and adopt Resolution No. 98 -XX, establishing the FY 98/99 Appropriations Limit at $16,482,389. (d) RESOLUTION NO. 98--`k: A RESOLUTION OF THE CITY \)� COUNCIL OF THE CITY OF DIAMOND BAR, COUNTY OF LO -Z-, ANGELES, STATE OF CALIFORNIA, ADOPTING THE STATEMENT OF �0INVESTMENT POLICY - Submitted for the City Council's 1� "ty �i review and approval is the proposed Investment Policy for FY 98/99 and its' accompanying resolution. Recommended Action: It is recommended that the City Council adopt Resolution No. 98 -XX adopting the FY 98/99 Investment Policy. ,,rr (e) RESOLUTION NO. 98-X'X: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING AND ADOPTING A BUDGET FOR THE CITY OF DIAMOND BAR FOR THE FISCAL YEAR \�`N9 COMMENCING JULY 1, 1998 AND ENDING JUNE 30, 1999 INCLUDING MAINTENANCE AND OPERATIONS, SPECIAL FUNDS AND CAPITAL IMPROVEMENTS AND APPROPRIATING FUNDS FOR ACCOUNT, DEPARTMENTS, DIVISIONS, OBJECTS AND PURPOSES THEREIN SET �/ FORTH. 9 C- ___ JUNE 16, 1998 7.3 Recommended Action: PAGE 11 CONTINUED PUBLIC HEARING - ZONING CODE AMENDMENT (ZCA 97- 1) - DRAFT DEVELOPMENT CODE, CITYWIDE DESIGN GUIDELINES AND NEGATIVE DECLARATION 97-3 - 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 and a series of four study sessions were conducted. Public hearings on the Code began on March 17, 1998 with subsequent hearings held April 7, April 21, May 5 and May 18, 1998. At is May 18, 1998 meeting, Council completed its review of all articles and directed staff to prepare the adopting Ordinance for the Development Code and the adopting Resolution for the Citywide Design Guidelines. (a) RESOLUTION NO. 98-: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ADOPTING AND ESTABLISHING CITYWIDE DESIGN GUIDELINES AS PART OF THE CITY'S DEVELOPMENT CODE. (b) ORDINANCE NO.,C(1998): AN ORDINANCE OF THE ,CITY OF DIAMOND BAR ADOPTING A DEVELOPMENT CODE (CASE NO. ZCA 97- 1) AND AMENDING THE DIAMOND BAR MUNICIPAL CODE. Recommended Action: It is recommended that the City Council take public testimony, close the public hearing, review the revisions to the Development Code and, if appropriate, adopt Resolution No. 98 -XX establishing Citywide Design Guidelines and approve first reading by title only of Ordinance No. 0X(1998) adopting the Development Code. 8. OLD BUSINESS: None 9. NEW BUSINESS: 9.1 ORDINANCE NO. (1998): AN ORDINANCE OF THE CITY COUNCIL nik) OF THE CITY OF DIAMOND BAR AMENDING THE DIAMOND BAR C.�`� U MUNICIPAL CODE RE: HEALTH CODE (RESTAURANT RATINGS) - The County of Los Angeles has adopted an ordinance enhahcing `Y` p the current public health requirements for operation of J food establishments. City adoption would ensure Yv w� continuity with County regulations and effective enforcement. Recommended Action: It is recommended that the City Council waive full reading and approve first reading of Ordinance No. 0X(1998) by title only adopting restaurant ratings and set a public hearing for July 21, 1998. Requested by: City Manager JUNE 16, 1998 PAGE 12 RECESS TO REDEVELOPMENT AGENCY MEETING 10',2-0 e'm Next Resolution No. RA -98-06 l . CALL TO ORDER: Chairman Huff 10'� 26 e. M ROLL CALL: Agency Members Chang, Herrera, O'Connor, VC/Ansari, C/Herrera LC i (-- Us4 ✓" ribs d- 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 sive it to the Aa_ envy 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 June 2, 1998 - Approve as submitted. Requested by: Agency Secretary 3.2 VOUCHER REGISTER - Approve Voucher Register dated June 16, 1998 in the amount of $11,715. Requested by: Executive Director 4. PUBLIC HEARINGS: None 5. OLD BUSINESS: None 6. NEN BUSINESS: 6.1 RESOLUTION NO. RA -98- y A RESOLUTION OF THE DIAMOND BA REDEVELOPMENT AGENCY APPROVING AND ADOPTING A BUDGET FOG THE DIAMOND BAR REDEVELOPMENT AGENCY FOR THE FISCAL YEA= COMMENCING JULY 1, 1998 AND ENDING JUNE 30, 1999, INCLUDING THE APPROPRIATION OF FUNDS FOR ACCOUNTS, DEPARTMENTS, DIVISIONS, OBJECTS AND PURPOSES THEREIN SE-' FORTH - The Diamond Bar Redevelopment Agency budget is proposed to be $832,000. With the Economi- Revitalization Area Plan adopted and being implemented, there will be related staff costs which will be allocated to the DBRDA ($150,00). Other major expenditures are for General Counsel services ($50,000) and for the Golder. JUNE 16, 1998 PAGE 13 Spgs. Rd. - Brea Canyon Rd. to westerly city limit project ($600,000). Staff will recommend professional consgltants to prepare a commercial rehabilitation program and a business retention and attraction program. When the proposals are received and proposal amounts ascertained, staff will recommend allocation of monies necessary to complete preparation of these two programs. There could be several other capital improvement projects funded by the DBRDA, e.g., traffic signal projects in this fiscal year, depending upon the decisions of the Board of Directors. Recommended Action: It is recommended that the Redevelopment Agency adopt the Budget for FY 1998-99. Requested by: Executive Director 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 ADJOURNMZNT : ��� 3C� (� ✓� RECONVENE CITY COUNCIL MEETING: LCU : 3 U ✓�? 10. COUNCIL SUB-COW11TTEE REPORTS: 11. COUNCIL MMMER COMMENTS: Items raised by individual Council Members are for agency discussion. Direction may be given at this meeting or the item may be scheduled. for action at a future meeting. 12. ADJOURNMENT: a� a w ee% r VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: DATE: / 7 /,5 ADDRESS: /- PHONE: a 6 ORGANIZATION: f-��Z r �� ij?- L / -t t-14 VI AGENDA #/SUBJECT: o I L ftt-L- d �Z& L 7 r- s / —/1 A, L s� L-7 , <,V Zze- I t / e A LLIZ U14ST&7`J LA5&- ✓VL&J etc, �- 4,'�n1 + . I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. c12 Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: : 4 1�1� DATE: ADDRESS:- _ PHONE: ORGANIZATION: AGENDA #/SUBJECT:�- I expect to address the Council on the subject agerlda item. Please have the Council Minutes reflect my name and address as written above. r' Signature D TO: FROM: ADDRESS: ORGANIZATION: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL AGENDA #/SUBJECT: "' I CITY CLERK w� DATE61- :j4r �9 PHONE:. *\ 1-194, /"J I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Jez�17k�-1�3� ignatu e F; :0u VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: CITY CLERK DATE: =--t r �' PHONE: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: DATE: ADDRESS: PHONE: K/ -^ 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. Signa re VOLUNTARY REQUEST TO ADDRESS THE TO: CITY CLERK % FROM: ��1� //�"" DATE: ADDRESS:�� PHONE: ORGANIZATION: —A£ Ertl I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signa ure CITY OF DIAMOND BAR "QUICK CAP" MINUTES JUNE 16, 1998 STUDY SESSION: 5:00 p.m.- CC -3 & 5 a. In -House Recreation Services CALL TO ORDER: Mayor Herrera called the Study Session to order at 5:12 p.m. in AQMD Room CC -3 & 5. All Council Members were present. Also Present: Terrence L. Belanger, City Manager; James DeStefano, Deputy City Manager; Linda Magnuson, Asst. Finance Director; Mike Nelson, Communications and Marketing Director; Bob Rose, Community Services Director; Kellee Fritzal, Asst. to City Manager and Tommye Nice, Deputy City Clerk; David Liu, Deputy Director of Public Works arrived at 5:20 p.m. Michael Jenkins, City Attorney arrived at 6:00 p.m. Wendy Bowman and Ted Owens with the City of Brea also attended. CSD/Rose presented comparisons of the proposals that were received from the City of Brea and the City of Chino Hills, as well as the possibility of bringing the recreation program "In -House." Following discussion by Council and the public attending, Mayor Herrera adjourned the Study Session at 6:14 p.m. 1. CLOSED SESSION: 2. CALL TO ORDER: PLEDGE OF ALLEGIANCE Dr. Lawrence Rhodes. INVOCATION: of Diamond Bar None 6:43 p.m., June 16, 1998 The Pledge of Allegiance was led by Pastor Larry Grigsby - Calvary Chapel 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; Linda Magnuson, Asst. Finance Director; David Liu, Deputy Public Works Director; Bob Rose, Community Services Director; Mike Nelson, Communications and Marketing Director; Kellee Fritzal, Asst. to City Manager; and Tommye Nice, Deputy City Clerk. APPROVAL OF AGENDA: Mayor CM/Belanger stated that it will be staff's recommendation to continue Item 7.3, Development Code Public Hearing, due to additional textual changes that need to be done before final AAnnf i nn _ 3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 3.1 Presented Certificate of Recognition to Andrew Badger, D.B.H.S. Graduate, for his accomplishments in Track and Field. 3.2 David Liu made a presentation on expansion of the Cal Trans Park -N -Ride at D.B. Blvd. and the 60 Fwy. 4. PUBLIC CO194ENTS : Martha Bruske - Suggested that when a commissioners come to speak before the Council, that they identify themselves as commissioners and who appointed them. Lydia Plunk - Thanked the citizens who came to the aid of Eda Gahm, who was supervising the Polling Place at Lorbeer Jr. High. Alan Wilson - Asked that Council agendize the matter of banning the "Saturday Night Special" in the City and making it a Council goal to keep these guns away from children. Clyde Hennessee - Spoke against the banning of "Saturday Night Specials." He also stated that Century Cable has raised their rates and that it was not done by -the City. Carolyn Gong - Stated that USA Trash trucks are dumping oil all over the streets especially on Grand and Longview/Summitridge. Further, the walls along that area are in need of paint. She also asked that Council take a stand against homeowners who have not planted landscaping for the last 12 years. 5. SCHEDULE OF FUTURE EVENTS: 5.1 SUMMER CONCERTS IN THE PARK SERIES BEGINS - Mike Henebry Orchestra (Big Band) - June 17, 1998 - 6:30 p.m., Sycamore Canyon Park 5.2 PLANNING COMMISSION - June 23, 1998 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.3 CONCERTS IN THE PARK - The Hodads (70`s Retro Party Time) June 24, 1998 - 6:30 p.m., Sycamore Canyon Park 5.4 PARKS & RECREATION COMMISSION - June 25, 1998 - 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. 5.5 CITY OFFICES WILL BE CLOSED Friday, June 26, 1998 due to the moving of the Administrative Offices. 5.6 CONCERTS IN THE PARK - Long Beach Junior Concert (Patriotic) - July 1, 1998 - 6:30 p.m., Sycamore Canyon Park JUNE 16, 1998 PAGE 3 5.7 JULY 4TH HOLIDAY - In observance of the July 4th Holiday, City Offices will be closed Friday, July 3, 1998. Offices will reopen Monday, July 6, 1998 5.8 CITY COUNCIL MEETING - July 7, 1998 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Dr. 6. CONSENT CALENDAR: Moved by C/Huff moved, MPT/Chang seconded to approve Consent Calendar with the exception of Item Nos. 6.7, 6.9b, 6.11, 6.14, 6.15, 6.16 and 6.17. Motion carried 5-0 by Roll Call vote. 6.1 APPROVED MINUTES - Regular Meeting of June 2, 1998. 6.2 RECEIVED & FILED TRAFFIC & TRANSPORTATION COMMISSION MINUTES - Regular Meeting of April 9, 1998. 6.3 RECEIVED & FILED PLANNING COMMISSION MINUTES: 6.3.1 Regular Meeting of April 28, 1998. 6.3.2 Regular Meeting of May 12, 1998 6.4 APPROVED VOUCHER REGISTER - dated June 16, 1998 in the amount of $333,606.29. 6.5 APPROVED MEMBERSHIP OF THE VENTURA PORT DISTRICT, GATEWAY CITIES COUNCIL OF GOVERNMENTS (COG), AND AGOURA HILLS AND CALABASAS COMMUNITY CENTER AUTHORITY (CCA) INTO THE CALIFORNIA JOINT POWERS INSURANCE AUTHORITY (CJPIA). 6.6 APPROVED EXONERATION OF CASH DEPOSIT IN LIEU OF GRADING BOND(FAITHFUL PERFORMANCE, LABOR & MATERIAL) FOR 2653 WAGON TRAIN. 6.8 APPROVED INCREASE IN CONTRACT WITH PAUL WRIGHT FOR AUDIO/VISUAL SERVICES - by $750, for a total contract of $10,650. 6.7 APPROVED EXTENSION OF MAINTENANCE CONTRACTS: a) CITY-WIDE STREET TREE MAINTENANCE CONTRACT WITH WEST COAST ARBORISTS, INC. - in an amount not to exceed $60,000 for FY 98/99. c) WEED/LITTER ABATEMENT CONTRACT WITH LANTERMAN DEVELOPMENTAL CENTER - for supplemental weed and litter abatement for FY 98/99 for a total contract amount of $16,483. 6.10 AWARDED CONTRACT FOR LANDSCAPE MAINTENANCE - for Citywide Landscape Maintenance Services to Accurate Landscape & Maintenance in the amount of $233,364 plus a contingency of up to $50,000 for additional necessary work, limited JUNE 16, 1998 PAGE 4 to those items identified in the specifications. 6.12 ADOPTED RESOLUTION NO. 91-72C: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING RESOLUTION NO. 91-72B PRESCRIBING A METHOD OF DRAWING WARRANTS AND CHECKS UPON CITY FUNDS - adding the Deputy City Manager as an authorized signer of City warrants and checks. 6.13 ADOPTED RESOLUTION NO. 98-37: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING SPECIFICATIONS FOR SIDEWALKS AND HANDICAP RAMPS THROUGHOUT THE CITY OF DIAMOND BAR THROUGH THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG). MATTERS WITHDRAWN FROM CONSENT CALENDAR: 6.7 APPROVAL OF AMENDMENT NO. 3 TO CONTRACT WITH DIVERSIFIED PARATRANSIT, INC. FOR MONTH-TO-MONTH DIAMOND RIDGE SERVICES - Following presentation by CM/Belanger, and comments by Martha Bruske, C/Ansari moved, C/O'Connor seconded to approved amendment of the contract for month to month services by Diversified Paratransit, Inc. Motion carried 5-0 by Roll Call vote. 6.9 (b) GRAFFITI REMOVAL CONTRACT WITH GRAFFITI CONTROL SYSTEMS - Following discussion by staff and comments made by Martha Bruske, C/Huff moved, MPT/Chang seconded to approve an extension to the contract with Graffiti Control Systems in an amount not to exceed $35,000 ($30/site/1,160 sites). Motion carried 5-0. 6.11 AWARD OF CONTRACT FOR DIAMOND BAR BOULEVARD AT MONTEFINO AND QUAIL SUMMIT TRAFFIC SIGNALIZATION - Following discussion, MPT/Chang moved, C/Ansari seconded. Motion carried 5-0 by Roll Call vote. a) Pro Tech Electrical in an amount not to exceed $159,700 and authorize a contingency of $16,000 for project change orders to be approved by the City Manager, for a total authorization of $175,700; and b) Inspection service contract to Warren Siecke in an amount not to exceed $15,732 and authorize a contingency of $1,600 for project change orders to be approved by the City Manager, for a total authorization of $17,332. 6.14 APPROVE CONTRACT AMENDMENT/BUDGET ADJUSTMENT FOR D & J ENGINEERING FOR BUILDING & SAFETY SERVICES - increasing revenues for Building & Safety Services by $100,000 and expenditures by $60,000. C/O'Connor moved, C/Huff seconded to approve. Motion carried 5-0 by Roll Call JUNE 16, 1998 PAGE 5 vote. 6.15 AWARD OF CONTRACT FOR PURCHASE OF COPIERS - from Xerox Corporation of two re -manufactured Xerox 5100A copiers for total cost of $44,382 and authorize a one-year contract with Xerox for full service maintenance at a rate of approximately $1,121 per month. Following discussion, C/O'Connor moved, C/Huff seconded to award Xerox with a contract for the purchase of two (2) 5100A re -manufactured copiers. Motion carried 5-0 by Roll Call vote. 6.16 APPROVE PURCHASE ORDER FOR LASER RADAR GUNS - with Kustom Signals, Inc. for $12,973.76. - Following discussion, C/Huff moved, MPT/Chang seconded to approve. Motion carried 5-0 by Roll Call vote. 6.17 APPROVE CONTRACT WITH ARMENTROUT CONSULTANTS FOR EMERGENCY PREPAREDNESS SERVICES - for one year in an amount not -to -exceed $16,640. Following discussion, MPT/Chang moved, C/Ansari seconded to approve. Motion carried 5-0 by Roll Call vote. 7. PUBLIC HEARINGS: 7.1 a) PUBLIC HEARING - RESOLUTION NO. 98 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR LEVYING AN ASSESSMENT ON CITY OF DIAMOND BAR ASSESSMENT DISTRICT NO. 38 FOR THE FISCAL YEAR 1998-99 - On May 18, 1998, Council approved the Engineer's Report and adopted Resolution No. 98-29 to declare the City's intention to levy and collect assessments for District No. 38. Council also set June 16, 1998 as the public hearing date on the levy of the proposed assessments on assessable lots within this District for FY 98/99. b) PUBLIC HEARING - RESOLUTION NO. 98 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR LEVYING AN ASSESSMENT ON CITY OF DIAMOND BAR ASSESSMENT DISTRICT NO. 39 FOR THE FISCAL YEAR 1998-99 - On May 18, 1998, Council approved the Engineer's Report and adopted Resolution No. 98-30 to declare City's intention to levy and collect assessments for District No. 39. Council also set June 16, 1998 as the public hearing date on the levy of the proposed assessments on assessable lots within this District for FY 98/99. c) PUBLIC HEARING - RESOLUTION NO. 98 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR LEVYING AN ASSESSMENT ON CITY OF DIAMOND BAR ASSESSMENT DISTRICT NO. 41 FOR THE FISCAL YEAR 1998-99 - On May 18, 1998, Council approved the Engineer's Report and adopted Resolution No. JUNE 16, 1998 PAGE 6 98-31 to declare City's intention to levy and collect assessments for District No. 41. Council also set June 16, 1998 as the public hearing date on the levy of the proposed assessments on assessable lots within this District for FY 1998-99. Consultant John Friedrich made a presentation regarding LLAD Nos. 38, 39 and 41. Following discussion, M/Herrera opened the public hearing. There being no testimony offered by the public, M/Herrera moved to continue the public hearing to July 7, 1998 due to changes that need to be made to both the Engineer's Report and the proposed Resolutions. Motion carried 5-0 by Roll Call vote. 7.2 CONTINUED PUBLIC HEARING - MUNICIPAL BUDGET 1998-99 - CM/Belanger made a presentation on the FY 1998-99 Budget, noting changes. M/Herrera re -opened the public hearing. Martha Bruske spoke regarding the FY 1998-99 Budget, along with the Employee Benefit Package. There being no further testimony offered, M/Herrera closed the public hearing. (a) RESOLUTION NO. 89-88A - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, AMENDING RESOLUTION 89-88 APPROVING AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF DIAMOND BAR - M/Herrera moved, MPT/Chang seconded to adopt Resolution No. 89-88A. Motion carried 5-0 by Roll Call vote. (b) SECOND READING, ORDINANCE NO. 26A(1989): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING ORDINANCE NO. 26(1989), AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM - M/Herrera moved, MPT/Chang seconded to approve for second reading, waive full reading and adopt Ordinance No. 26A(1989). Motion carried 5-0 by Roll Call vote. (c) RESOLUTION NO. 98-38: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, COUNTY OF LOS JUNE 16, 1998 PAGE 7 ANGELES, STATE OF CALIFORNIA, SETTING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 1998-1999 FOR THE CITY OF DIAMOND BAR IN ACCORDANCE WITH THE PROVISIONS OF DIVISION 9 OF TITLE 1 OF THE GOVERNMENT CODE - MPT/Chang moved, C/Ansari seconded to adopt Resolution No. 98-38. Motion carried 5-0 by Roll Call vote. (d) RESOLUTION NO. 98-39: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ADOPTING THE STATEMENT OF INVESTMENT POLICY - C/O'Connor moved, C/Huff seconded to adopt Resolution No. 98-39 adopting the FY 98/99 Investment Policy. Motion carried 4-1 by Roll Call vote (Ansari absent). (e) RESOLUTION NO. 98-40: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING AND ADOPTING A BUDGET FOR THE CITY OF DIAMOND BAR FOR THE FISCAL YEAR COMMENCING JULY 1, 1998 AND ENDING JUNE 30, 1999 INCLUDING MAINTENANCE AND OPERATIONS, SPECIAL FUNDS AND CAPITAL IMPROVEMENTS AND APPROPRIATING FUNDS FOR ACCOUNT, DEPARTMENTS, DIVISIONS, OBJECTS AND PURPOSES THEREIN SET FORTH - MPT/Chang moved, C/Huff seconded to adopt the FY 1998-99 Budget with the changes/additions stated. Motion carried 5-0 by Roll Call vote. 7.3 CONTINUED PUBLIC HEARING - ZONING CODE AMENDMENT (ZCA 97- 1) - DRAFT DEVELOPMENT CODE, CITYWIDE DESIGN GUIDELINES AND NEGATIVE DECLARATION 97-3 - 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 and a series of four study sessions were conducted. Public hearings on the Code began on March 17, 1998 with subsequent hearings held April 7, April 21, May 5 and May 18, 1998. At is May 18, 1998 meeting, Council completed its review of all articles and directed staff to prepare the adopting Ordinance for the Development Code and the adopting Resolution for the Citywide Design Guidelines. - CM/Belanger stated that it was staff's recommendation to open the public hearing, receive testimony and continue the public hearing due to textural/substantive changes that need to be made to the Development Code. M/Herrera opened the public hearing. No public testimony was offered. CA/Jenkins stated that there were changes that needed to be made to the Ordinance. C/O'Connor felt that, since the changes are more of a JUNE 16, 1998 PAGE 8 corrective nature, Council should be able to proceed with adoption. RECESS: M/Herrera recessed the meeting at 9:37 p.m. in order that copies of the changes to be made could be distributed to Council. RECONVENE: M/Herrera reconvened the meeting at 9:51 p.m. C/Ansari left the meeting at 9:51 p.m. CA/Jenkins summarized the changes/corrections to Ordinance No. 02(1998). MPT/Chang moved, C/Huff seconded to adopt Resolution No. 98-41 and approve for first reading by title only, waive full reading and approve Ordinance No. 02(1989). Motion carried 4-1 by Roll Call vote (C/Ansari absent): (a) RESOLUTION NO. 98-41: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ADOPTING AND ESTABLISHING CITYWIDE DESIGN GUIDELINES AS PART OF THE CITY'S DEVELOPMENT CODE. (b) ORDINANCE NO. 02(1998): AN ORDINANCE OF THE CITY OF DIAMOND BAR ADOPTING A DEVELOPMENT CODE (CASE NO. ZCA 97- 1) AND AMENDING THE DIAMOND BAR MUNICIPAL CODE. B. OLD BUSINESS: None 9. NEW BUSINESS: 9.1 ORDINANCE NO. 03(1998): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING THE DIAMOND BAR MUNICIPAL CODE RE: HEALTH CODE (RESTAURANT RATINGS) - The County has adopted an ordinance enhancing the current public health requirements for operation of food establishments. City adoption would ensure continuity with County regulations and effective enforcement. DCM/DeStefano made a presentation regarding Ordinance No. 03(1998). Following discussion, MPT/Chang moved, C/Huff seconded to approve for first reading, waive full reading, and set a public hearing for July 21, 1998 at 7:00 p.m. Motion carried 4-1 by Roll Call vote (C/Ansari absent). RECESS TO REDEVELOPMENT AGENCY MEETING 1. CALL TO ORDER: Chairman Huff opened the meeting at 10:30 p.m. JUNE 16, 1998 PAGE 9 ROLL CALL: Agency Members Chang, Herrera, O'Connor, C/Herrera. VC/Ansari absent. Also present: Terrence Belanger, Executive Director; Michael Jenkins, Agency Attorney; James DeStefano, Deputy City Manager; David Liu, Deputy Public Works Director; Linda Magnuson, Asst. Finance Director; Mike Nelson, Communications and Marketing Director; Bob Rose, Community Services Director; Kellee Fritzal, Asst. to City Manager; and Tommye Nice, Deputy Agency Secretary. 2 PUBLIC COMMNTS : None 3. CONSENT CALENDAR: AM/Herrera moved, AM/Chang seconded to approve the Consent Calendar as presented. Motion carried 4-1 by Roll Call vote (VC/Ansari absent). 3.1 APPROVED MINUTES - Regular Meeting of June 2, 1998. 3.2 APPROVED VOUCHER REGISTER - dated June 16, 1998 in the amount of $11,715. 4. PUBLIC HEARINGS: None 5. OLD BUSINESS: None 6. NEW BUSINESS: 6.1 ADOPTED RESOLUTION NO. RA -98-06: A RESOLUTION OF THE DIAMOND BAR REDEVELOPMENT AGENCY APPROVING AND ADOPTING A BUDGET FOR THE DIAMOND BAR REDEVELOPMENT AGENCY FOR THE FISCAL YEAR COMMENCING JULY 1, 1998 AND ENDING JUNE 30, 1999, INCLUDING THE APPROPRIATION OF FUNDS FOR ACCOUNTS, DEPARTMENTS, DIVISIONS, OBJECTS AND PURPOSES THEREIN SET FORTH - The Redevelopment Agency budget is proposed to be $832,000. With the Economic Revitalization Area Plan adopted and being implemented, there will be related staff costs which will be allocated to the DBRDA ($150,00). Other major expenditures are for General Counsel services ($50,000) and for the Golden Spgs. Rd. Brea Canyon Rd. to westerly city limit project ($600,000). Staff will recommend professional consult- ants to prepare a commercial rehabilitation program and a business retention and attraction program. When proposals are received and amounts ascertained, staff will recommend allocation of monies necessary to complete preparation of the two programs. There could be several other capital improvement projects funded by the DBRDA, e.g., traffic signal projects in this fiscal year, depending upon the decisions of the Board of Directors. Following discussion AM/Herrera moved, AM/Chang seconded JUNE 16, 1998 PAGE 10 to adopt Resolution No. RA -98-06 approving and adopting the Budget for FY 1998-99 for the Diamond Bar Redevelopment Agency. Motion carried 4-1 by Roll Call vote (VC/Ansari absent). 7. AGENCY ME14BER COMMENTS: AGENCY ADJOURNMENT: With no further business, Chair/Huff adjourned the meeting at 10:30 p.m. RECONVENE CITY COUNCIL MEETING: at 10:30 p.m. 10. COUNCIL SUB-COWITTEE REPORTS: 11. COUNCIL MEMBER COMMENTS: M/Herrera reconvened the meeting 12. ADJOURNMENT: With no further business to conduct, M/Herrera adjourned the meeting at 10:52 p.m., in memory of C/O'Connor's father Dolph Hill, who passed away two weeks ago. INTEROFFICE MEMORANDUM TO: Honorable Mayor and Members of City Council FROM: Terrence L. Belanger, City Manager RE: FY 1998-99 Municipal Budget: General Fund, Special Funds And Capital Improvement Program DATE: May 29, 1998 General Fund Overview: The City of Diamond Bar is about to begin its tenth fiscal year, FY 1998-99. As has been reported to the Council over the past several fiscal years, the City will lose its incorporation population (74,115), which is currently used by the State of California to subvent (on a per capita basis) vehicle license fees, gas tax and other revenues, on June 30, 1999. By law (Rev.& Tax. Code, Sec. 11005.3 ), commencing with FY 1999-00 (July 1, 1999), State subventions by the State to the City will be based upon actual population, which is estimated to be 56,660. The estimated loss in General Fund revenue could be as much as $600,000 and the loss in Gas Tax revenues could be as much as $315,000. The vehicle license fee and gas tax revenue reductions are permanent. The future impacts of this revenue reduction must be mitigated through revenue expansion and/or service delivery changes. Redevelopment is another tool for mitigating the impacts of the revenue reduction. The most effective form of revenue expansion is sales tax. Increases in sales tax will come through the a higher demand for goods and services, attraction of businesses into existing commercial centers and retention of businesses in those same commercial centers. While programs to retain, attract and assist businesses in existing commercial areas are beneficial, full occupancy in those commercial areas is not going to significantly expand revenue, as compared to the projected revenue "shortfall". Revenue expansion, in the form of new retail commercial development, should be seriously considered and decisions made to implement such revenue expansion activities. If the revenue "shortfall' is to be primarily dealt with through revenue expansion policies, a very proactive approach to revenue expansion activities is essential. The need for consistent and reliable revenue sources is an even more critical issue, in FY 98-99, as the Governor, state legislators, special interest lobbyists and others continue in their attempts to eliminate vehicle license fees, a municipal revenue source that was established and has been received by cities, since the early 1930s. Vehicle license fees are the largest annual general fund revenue that the City receives ($2,450,000 est. (23%). Historically, the vehicle license fee revenue has been the most reliable revenue source available to the City. In light of the massive revenue "takebacks" ($4.4 billion) by the state legislature in the early 1990s, which involved the "taking" of "backfill' revenue (AB 8) that replaced municipal property taxes lost through Proposition 13; the promise of the state legislature to "backfill" the revenues that are at risk due MUNICIPAL BUDGET: FY 1998-99 MAY 29, 1998 PAGE TWO the irresponsible conduct of the legislators gives rise to enormous skepticism and absolutely no trust. The bottom line is that the City of Diamond Bar cannot tolerate nor absorb the reduction of almost twenty-five percent of its annual revenue. For example, the annual retail sales in Diamond Bar would have to more than double ($220,000,000 to $445,000,000) or real property values would have to more than double. The second aspect of a program for dealing with the impending revenue reduction is the reduction of annual expenditures. In the proposed FY 1998-99 Budget, staff has made several recommendations to the Council regarding reorganization, service delivery and service reduction. The overall goal is to implement the revenue enhancement activities and expenditure reduction decisions that will mitigate the impact of the "shortfall", beginning with FY 1998-99. General Fund Revenue: The FY 1998-99 General Fund Budget projects overall resources to be $10,812,050. There is a $452,100 transfer into the General Fund from the Reserve Fund related to expenditures for an architect to begin the needs assessment, space planning and design services for a civic center ($100,000), Sycamore Canyon Park slope repairs ($80,000), computer hardware ($191,000), computer software ($19,550), portable stage ($20,000), Reagan Park lighting ($15,000) and office furniture. There is also a transfer -in of $708,600 from Gas Tax Fund for street and right- of-way maintenance. And, there is a transfer -in of $120,000 from the COPS Fund for the funding of a LASO special assignment deputy (290-B car). The FY 1998-99 General Fund Budget proposes $10,447,125 in appropriations. There is a FY 98-99 projected general fund balance (June 30, 1999) of $364,925 ($964,925 with tenth year of VLF). The estimated FY 97-98 general fund balance on June 30, 1998 is $905,939. The projected fund balances will be allocated to the General Fund Reserve Fund. The City's three major revenue sources are vehicle license fees, sales tax and property tax. The FY 1998-99 budget estimates that two of these revenue sources (sales tax and property tax) will not vary significantly from FY 1997-98. As noted above, vehicle license fee revenues will decrease significantly (up to $600,000), in FY 99-00. However, as was the case last fiscal year (FY 97-98), the proposed budget utilizes the estimated FY 99-00 vehicle license fee revenue level for FY 98-99 budget planning purposes. Other changes in revenues come primarily from estimated increases in interest income and building permit processing fees. FY 1998-99 General Fund Budget Summary: The City of Diamond Bar will conclude FY 1997-98 in a strong financial position. The City will end FY 97-98 with the General Fund Reserve Fund projected to increase to $13,250,000. It is projected that the General Fund Reserve Fund will increase to $14,150,000, as of June 30, 1999 MUNICIPAL BUDGET: FY 1998-99 MAY 29, 1998 PAGE THREE The FY 1998-99 operating budget is based upon proposed service levels that would increase the total number of full-time employees by one. Thirty (30) full-time staff positions are proposed. Fourteen (14) part-time positions are also proposed, which is one less than FY 97-98. Public Safety The FY 98-99 appropriations for law enforcement services total $3,794,000, due to the increase of the two -deputy special assignment car from 20 hours per week to 40 hours per week. $10,550 has been allocated for Community Volunteer Patrol. Animal Control service are proposed to be remain at $65,000. Emergency Preparedness Services are proposed to be $43,915, which includes the cost of a part time coordinator ($16,640). The total cost for Public Safety services is $3,937,500, which approximately 36.42% of the proposed FY98-99 operating budget. COPS will fund education, training and capital outlay items. Public Works The proposed Public Works budget is $1,455,850 which is a slight decrease as compared to FY 97-98 ($1,559,545). The projected decrease is due, primarily, to reductions in professional services ($59,750), environmental services ($15,000), and personnel cost allocations ($55,000) to redevelopment. The budget reflects one-half of a Development Services Assistant that is a proposed new position. Community Development The proposed FY 98-99 allocation is $758,750, which is a slight decrease over the FY 97-98 allocation ($811,300). The decrease is due largely to the winding down of the development code preparation process, the completion of environmental review of a neighboring community's land use project; and, the allocation of salaries to other departments. These decreases are offset by an increase in Building and Safety ($98,500), due to an increase in construction and renovation activities and appropriation for the State mandated updating of the Housing Element ($15,000). Also, one-half the proposed new Development Services Assistant position is assigned to Community Development. Community Services The Community Services budget ($1,610,785) proposes an increase of 15.48% (FY98 was $1,361,480). The budget reflects increases in the recreation contract ($66,829), the maintenance of Pantera Park ($72,500) and management salaries allocation and two additional part-time Parks Maintenance Helpers. The Concerts in the Park series will feature ten (10) weekly concerts. MUNICIPAL BUDGET: FY 1998-99 MAY 29, 1998 PAGE FOUR Legislative and Management Services This combination of services includes: City Council, City Attorney, City Manager and City Clerk. The proposed allocation for these services is $835,465, which is 20.7% less than the FY98 allocation ($1,053,523). This decrease is due to the reorganization of the City Manager's Office staff through the elimination of the Deputy City Manager position ($112,080), the allocation of personnel costs to redevelopment ($40,000) and the fact there is no planned election in 1998 ($38,200). The City Attorney's Special Litigation proposes an increase ($80,000 to$90,000) to cover the costs of litigation, primarily the redevelopment area plan lawsuit. Administration & Support Services Administrative and Support Services include Communications and Marketing, Finance and General Government. The proposed appropriation for these services is $1,366,900, which is a 9.7% increase from FY 98 ($1,234,235). The increases reflect the creation of the Communications and Marketing Department, the leasing of additional City Administrative office space, and the replacement of computer hardware and upgrading of computer software. These increases are offset by the allocation of personnel costs to redevelopment and the completion of the financial management computer system changeover. Personnel Recommendation(s) Although the proposed budget does not reflect the cost impact, it is recommended that l) the employees receive a 2.0 % cost of living increase in salary, 2) the PERS contract be changed to 2%@55, from 2%@60 and 3) the cafeteria benefit amount be increased by $30 per month. Also, it is proposed that the City Council eliminate one of the Deputy City Manager (Administrative Services) positions. The related resources would be applied to Communications and Marketing personnel costs and the proposed Developmental Services Assistant position. One other new full-time position, a Transportation Clerk, is recommended in Public Works to administer the transit subsidy program and the Dial -a -Cab program. FY 1998-99 Special Funds Gas Tax Gas Tax resources available in FY 98-99 are $3,345,540. It is proposed that the Gas Tax Fund allocate $708,600 to the General Fund to fund street maintenance, street cleaning, right-of-way maintenance, marking and signs, traffic signal maintenance, curbs, gutters and sidewalk repair, utilities, engineering/inspections and staff services. MUNICIPAL BUDGET: FY 1998-99 MAY 29, 1998 PAGE FIVE The FY 98-99 Municipal Budget allocates $2,212,500 to Capital Improvement Projects to fund the following proposed projects: -Phase I - Slurry Seal/Sidewalk Program -Area 1 - Residential Street Improvement Program -Area 1 - Sidewalk Improvement Program -Meadowglen rehab and seepage mitigation -Ambushers drainage mitigation -Chinook/San Leandro seepage study -Brea Canyon@Glenbrook traffic signal -Brea Canyon@Diamond Crest traffic signal -Brea Canyon@Silver Bullet traffic signal -Diamond Bar@SR57 NB on-ramp traffic signal -Lemon@Lycoming traffic signal -Golden Springs@Rapid View traffic signal -City-wide School Safety/Traffic Improvements The Gas Tax Fund would have a year end unappropriated reserve of approximately $424,440. Air Quality Fund The FY 98-99 Budget allocates $5,000 to implement the City's Air Quality Element Implementation Plan. $7,000 has been allocated to partially fund annual membership dues for the San Gabriel Valley Council of Governments. $4,000 is allocated for City On -Line system improvements (system server upgrade). An electronic interactive public information communication system is proposed ($27,000). 25% of the Assistant to City Manager's time is allocated to this fund and 25% of the MIS Technician is allocated to this fund. The total fund budget for 1~Y 98-99 is $91,700. The unappropriated reserve would be approximately $68,800. Park Fees Fund (Quimby Act) The FY 98-99 Budget estimates resources available to be $584,700. Projects recommended are the Peterson Park irrigation and drainage project ($280,000), the Lorbeer Middle School athletic field lights ($150,000), the Heritage Park ADA retrofit project ($35,000) and the Reagan Park ADA retrofit project ($29,000). The estimated year-end Fund balance would be $90,700. Proposition C Fund The FY 98-99 Budget estimates available resources to be $1,825,400. The estimated Prop. C annual revenues are estimated to be $526,600. The Prop C Fund is proposed to fund the Golden MUNICIPAL BUDGET: FY 1998-99 MAY 29, 1998 PAGE SIX Springs - Brea Canyon Road to westerly city limits resurfacing/median construction project ($730,000), Golden Springs - Grand Avenue to Tonto Lane resurfacing project ($300,000). $130,000 is proposed to fund a traffic signal at Golden Springs and Racquet Club. The estimated year-end Fund balance would be $660,400. Proposition A Fund - Transit The Proposition A Transit Fund is being proposed to fund the following: Dial -a -Cab program ($302,000), Excursions ($37,000) and Transit subsidy program ($400,000). $7,500 is allocated for membership dues to the San Gabriel Valley COG. It is recommended that monies be allocated for concrete bus pads on Golden Springs ($100,000). $50,810 has been allocated for administrative personnel costs, including making the part-time Transportation Clerk a full-time Position, which position would be responsible for the transit pass subsidy program and the Dial -a - Cab program. The estimated Prop A Transit Fund resources, in FY 98-99, are $2,498,850. Proposed expenditures for FY 98-99 are $929,810. The estimated Fund year-end reserve balance is $1,569,040. Community Development Block Grant Fund The proposed resources for FY 98-99 is $793,800. Proposed allocations for FY 98-99 are $793,800. The annual CDBG revenue amount is $370,762. CDBG funds several community service programs, which include YMCA child care, senior programs, and others; and, several CIP projects, which include handicap access ramps ($100,000), sidewalk improvements/installations ($150,000), Heritage Park ADA retrofit ($70,000), Reagan Park ADA retrofit ($125,000) and senior/community center set-aside ($250,000). Program administrative costs are $55,650. Integrated Waste Management Fund This fund provides for the administration of the City's solid waste management activities, the implementation of programs recommended in the City's SRRE (Source Reduction and Recycling Element) and NPDES education and monitoring programs. The Public Works Department has been assigned the responsibility to manage the consultants and staff as they continue the implementation of residential sector programs: multi -family recycling, on-site composting, public education/information and monitoring. Commercial sector programs being implemented include: at -source recovery/recycling, representative waste audit, education/information and monitoring programs. The costs associated with these programs are a part of the FY 98-99 Integrated Waste Management Fund. Estimated resources are $230,000. Proposed allocated expenditures are estimated to be $97,450. The estimated year-end Fund balance reserve is $133,150. MUNICIPAL BUDGET: FY 1998-99 MAY 29, 1998 PAGE SEVEN Capital Improvement Fund (CIP) The FY 1998-99 CIP Budget proposes an expenditure program in the amount of $6,235,582. The CIP proposes $3,550,000 for street improvements, $1,140,000 for traffic control improvements, $871,700 for park and recreation improvements; and, $650,000 for miscellaneous capital improvements. You are referred to budget document (pages 131 thru 137)for more detail, on the various projects. ISTEA Fund The Intermodal Surface Transportation Efficiency Act (ISTEA) Fund provides resources for improving major transportation roadways. $600,000 are available in FY 98-99. The entire amount is allocated to the Golden Springs - Grand Avenue to Torito Lane resurfacing project. COPS Fund The Citizens Option for Public Safety (COPS) Fund has available resources in the amount of $461,390, in FY 98-99. $120,000 has been allocated to the General Fund to cover the cost of expanding the two -deputy special assignment car (290-B) from a twenty hours per week to a forty hours per week. The Los Angeles Sheriffs Department will be purchasing capital outlay items ($110,000) that will enhance and expand the LAOS'S ability to provide effective law and traffic enforcement services. $20,000 has been allocated for training and education for Diamond Bar team deputies. The projected unallocated balance is estimated to be $142,390. Narcotics Asset Seizure Fund There is a fund balance of $338,000 in the Narcotics Asset Seizure Fund. The monies in the Narcotics and Law Enforcement Fund can only be used for narcotics enforcement, substance abuse education/training, and other such law enforcement activities. $10,000 has been allocated for a reward for information that would lead to the arrest and conviction of the person(s) who murdered Diamond Bar resident Wandell Beavers. Park and Facility Development Fund There is expected to be a balance of $1,460,000, in FY 98-99. There are FY 98.99 allocations recommended for the Heritage Park ADA retrofit project ($13,500), the Reagan Park ADA retrofit project ($39,200) and the design of the Pantera Park athletic field lighting ($50,000). The unallocated fund balance is estimated to be $1,357,300. MUNICIPAL BUDGET: FY 1998-99 MAY 29, 1998 PAGE EIGHT Self -Insurance Fund: The City Council has adopted a policy, which requires the setting aside of $100,000 per year in the Self -Insurance Fund, until the Fund balance is $1,000,000. As of June 30,1998, the Self - Insurance Fund balance is estimated to be $1,105,650. Barring unforeseen adverse judgments, there will not be a need to set aside $100,000 from the unallocated General Fund reserve fund this fiscal year. However, $160,000 will be transferred -in to the Self -Insurance Fund for the payment of the annual general liability insurance premium. The estimated fund balance on June 30, 1999 is $1,032,150. Community Organization Support Fund: This Fund has been established to provide support to non-profit organizations, which contribute beneficially to the betterment of the community. The source of revenue for this fund is the salary and benefits foreborn by Councilmembers. The estimated fund amount is $15,100. Library Services Fund: The Library Services Fund has been established to supplement the quality of library services available to the residents of the community. The primary focus of supplement support in the FY 98-99 Budget is the maintenance and operation ($9,550) of the City provided computer system, as well as, the upgrading of system computer hardware and software ($8,000). The unallocated Fund balance is $90,125. Redevelopment Agency Fund: The proposed Diamond Bar Redevelopment Agency budget is proposed to be $832,000. With the Economic Revitalization Area Plan adopted and being implemented, there will be related staff costs which will be allocated to the DBRDA ($150,000). Other major expenditures are for General Counsel services ($50,000) and for the Golden Springs Road - Brea Canyon Road to westerly city limit project ($600,000). Staff will be recommending professional consultants to prepare a commercial rehabilitation program and a business retention and attraction program. When the proposals are received and proposal amounts ascertained, staff will be recommending the allocation of monies necessary to complete the preparation of these two programs. There could be several other capital improvement projects funded by the DBRDA, e.g., traffic signal projects, in this fiscal year, depending upon the decisions of the Board of Directors. CITY OF DIAMOND BAR PROPOSED ANNUAL BUDGET Fiscal Year 1998-99 CITY OF DIAMOND BAR BUDGET PHILOSOPHY AND OPERATING GUIDELINES The City of Diamond Bar's budget is designed to serve four major purposes: p definition of policy in compliance with legal requirements for General Law cities in the State of California, Governmental Accounting Standards Board (GASB) financial reporting requirements and audit standards, and fiscal directions of the City Council. p utilization as an operations guide for administrative staff in the management and control of fiscal resources. p presentation of the City's financial plan for the ensuing fiscal year, itemizing projected revenues and estimated expenditures. p illustration as a communications document for citizens who wish to understand the operations and costs of City services. 2. Departmental budgets will be originated within each department. 3. Where applicable, the department head will assign priorities to projects and activities in preparing program budgets for the department 4. Department Heads are responsible for operating within their budget amount as approved by the City Manager and authorized by the City Council. The City Council has the legal authority to amend the budget at any time during the fiscal year. The City Manager has the authority to make administrative adjustments to the budget as long as those changes will neither have a significant policy impact nor affect budgeted year-end fund balances. Current year requirements of the Capital Improvement Program (CIP) will be incorporated into annual operational budget and defined as the capital budget. 7. Fund balances will be maintained at levels which will protect the City from future uncertainties. -1- -z- City Of Diamond Bar Personnel Summary Fiscal Year 1998-99 FULL TIME 1997-98 POSITION Approved Actual 1998-99 Pro op sed Approved -City Manager 1 2 1 2 1 1 -Deputy Clty Manager 1 -Assistant Finance Director 1 1 1 -Dir.Of Community Services 1 1 1 -City Clerk 1 1 1 -Dir of Communications & Marketing 1 1 -Deputy Public Works Director 1 1 1 1 -Assistant to City Manager 1 1 1 -Associate Planner 1 1 1 -Senior Planner 1 1 1 -Senior Accountant 1 1 1 -Supt of Parks & Maint 1 1 1 -Secretary to City Manager/Office Manager 1 1 1 -Administrative Assistant 1 1 1 -Development Services Assistant 0 0 2 -Communications & Marketing Assistant 1 2 -Planning Technician 1 0 0 1 -Deputy City Clerk 1 1 3 -Administrative Secretary 3 3 2 -Secretary 2 2 1 -MIS Technician 1 1 1 -Assistant Civil Engineer 1 1 -Code Enforcement Officer 1 1 1 1 -Maintenance Worker II 1 1 -Account Clerk II 1 1 1 1 -Transportation Clerk 0 0 1 -Community Services Coordinator 1 1 30 Totals 29 29 POSITION -Administrative Assistant -Transportatin Clerk -Comm. Serv.Coordntr. -Comm. Serv. Leader II -Comm. Serv. Leader I -Parks Maint.Helper -Engineering Intern -Adminstrative Intern Totals 1997-98 Approved Actual 1 1 1 1 1 1 2 2 1 1 5 5 1 1 2 1 14 -3- Rci N 1998 - Propose Approved 1 0 1 2 1 7 1 1 14 0 CITY OF DIAMOND BAR REVENUE DESCRIPTION All revenues which, by law, do not have to be placed in a separate fund are deposited in the General Fund. All general operations of the City are charged to this fund. All expenditures must be made pursuant to appropriations which lapse annually and at the end of the fiscal year. Unexpended balances are transferred to the unappropriated reserve. Secured - Current Year Tax levied on secured' property pursuant to the revenue and taxation code. Unsecured - Current Year Tax levied on all personal property not secured by real property held in title by the same owner. Due to the transitory nature of unsecured property, a tax is levied immediately after assessed values are determined. Prior Year Uncollected Taxes paid in the current year which were due in a prior year. Interest and Penalties Interest and penalties charged for the late payment of property taxes. Sales and Use Tax Of- the 7% sales tax levied by the State of California, the City receives 1% of the amount collected within the city limits. Transient Occupancy Tax These revenues are received on a monthly basis from the hotels in the City. The hotels are required to pay a 10% tax based on the amount of their room rental revenues. -4- Franchise Fees Companies are granted special privileges for the continued use of public property, such as city streets. Such companies usually involve elements of monopoly and may require regulation. The Franchise Fees are the amounts required for the continued granting of these privileges. Franchises currently granted within the City are Electric, Gas, Cable TV, Bus Benches, and Street Sweeping. Vehicle Code Fines Amounts derived from traffic citations and fines for violations oQcurring within the city limits. Court Fines and Forfeitures Fines collected by the county courts for city code violations other than traffic, which are shared with Los Angeles County. Impound Fees Fines collected upon the release of vehicles which have been impounded/stored by the Sheriff's Department. Miscellaneous Other fines and forfeitures not included above. Building Fees Building Fees are collected in accordance with the Uniform Building Code. The revenues from these fees are used to cover the cost of providing building inspections to insure compliance with building codes. Planning and Engineering Fees These fees are levied to cover costs of special plan checks, inspections, etc. which maybe necessary in conjunction with new construction or improvements being made by contractors. -5- Recreation Fees These fees are collected by the City's contracted recreation department and City staff to cover the cost of providing recreation programs such as fee classes, Tiny Tot programs, excursions, and adult athletics. Motor Vehicle In -Lieu Tax The Motor Vehicle In -Lieu fee is equivalent to 2% of the market value of motor vehicle fees imposed annually by the state in lieu of local property tax. Gas Tax Section 2106 Section 2106(a) of the Streets and Highways Code provides that each city shall receive a fixed monthly apportionment of $400; Section 2106(c) provides for distribution on a per capita basis. Gas Tax Section 2107 A sum equal to .00725 cents per gallon is distributed monthly to the cities on a formula based per the Streets and Highways Code, Section 2107; with calculation predicated on a per capita apportionment - 8.98 x population. Gas Tax Section 2107.5 This account represents a fixed amount of revenue received from the state based on population. Gas Tax Section 2105 This newly enacted Section of the Streets and Highways Code provides for the collection and distribution of special gas tax to fund improvements for regional transportation needs. Intermodal Surface Transportation Efficiency Act (ISTEA) These funds are Federal funds administered by Ca•1Trans which are allocated to the City for improvement of streets and roadways. The funds are held in trust until qualified projects are identified. Prop A - Transit Tax The City receives twenty-five percent of the 1/2% Prop A Sales tax (approved by voters in 1980). These funds are distributed by the L.A. County Metropolitan Transportation Authority (MTA), and are distributed to Los Angeles County cities on a proportional population basis. The funds are to be used for the development of transit programs within the guidelines established by the MTA. -6- Prop C - Transit Tax The City receives twenty percent of the 1/2% Prop C'sales tax (approved by voters in 1990). These funds are distributed by the L.A. County Metropolitan Transportation Authority (MTA), and are distributed to Los Angeles County cities on a proportional population basis. The funds are to be used the improving, expanding and maintaining public transit services. These expenditures must be consistant with the County's Congestion Management Program. Prop A - Safe Parks Program Funds transfered to the City as a result of the 1992 L.A. County Safe Neighborhood Parks Act. These funds are to be used to improve, preserve and restore parks. State TDA The Transportation Development Act provides this source of funding. Derived from statewide sales tax, and allocated by formula to the County Transportation Commission, allocations are deposited in each regional entity's State Transit Assistance Fund. SB821 - Bike and Pedestrian Paths SB821 allows the City to request specifically allocated monies for the purpose of constructing bike and pedestrian paths. State Parks - Roberti-Z'Berg The California State Legislature enacted the Roberti-Z'Berg Urban Open Space and Recreation Program which provides funds to certain political subdivisions for acquiring land and developing facilities. County TDA The Transportation Development Act provides this source of funding. Derived from state sales tax and allocated by formula to the County Local Transportation Fund, allocations are available to operators for the support of public transportation systems. Prop A - Transit Discretionary Funds A 35% apportionment of the one-half cent sales tax distributed to Los Angeles County Transportation Commission and is set aside at their discretion; City's apportionment is based upon meeting performance criteria established by the Commission. -7- Community Development Block Grant (CDBG) The federal government provides funds for metropolitan areas whose population exceeds 50,000. The funds are based upon a federal formula and are to be used only within low and moderate income census tracts and/or to benefit low and moderate -income persons. Proceeds from Sale of General Fixed Assets Proceeds from the sale of fixed assets (used by governmental funds only). Damage to City Property Reimbursement to City for repairing willful or- accidental damage to city property. Generally these are associated with automobile accidents. Proceeds from: Bonds Proceeds received by City after bond issue has met all bond reserve and bond costs have been paid. Notes Proceeds forma note form the lending sector. Operating Transfers In Includes monies transferred from one fund to another. Transfers are income to recipient fund. USE OF MONEY AND PROPERTY Interest Earnings Investments Inactive City funds are .pooled and invested on a continuing basis in certain types of investments that are state approved such as time certificate of deposits, money market accounts, local agency investment fund, and bankers' acceptances. CITY OF DIAMOND BAR ESTIMATED RESOURCES 1998-99 GENERALFUND Property Taxes Other Taxes State Subventions Fines & Forfeitures From Other Agencies Current Svc Charges Use of Money & Prop Transfer4n Other Funds Appropriated Fund Bal LIBRARY SERVICES FUND Interest Revenue 1"7-98 City Manager Cilllt Cauncil Estims�tad Recomrrwndad „Approved $2,045,000 $2,061,000 3,205,000 3,220,000 2,481,700 1,881,700 231,000 206,500 450,000 48,000 998,450 1,411,950 627,000 697,200 706,850 833,600 674,982 452,100 11,419,982 10,812,050 0 6,000 6,000 Transfer4n Gen Fund 50,000 0 Fund Balance Reserve 108,716 101,676 164,716 107,676 0 COMMUNITY ORGANIZATION SUPPORT FUND Transfer -lin General Fund 8,719 15,100 Appropriated Fund Bal 8,719 15,100 0 GAS TAX FUND 378,000 285,000 Highway Use Taxes 1,118,500 964,500 Use of Money & Prop 140,000 145,000 Appropriated Fund Bal 2,586,641 2,236,040 Local Trans -Prop C 3,845,141 3,345,540 0 PROP A TRANSIT TAX FUND Local Trans -Prop A 630,150 630,150 Appropriated Fund Bal 1,755,284 1,493,700 Transit Subsidy Program 378,000 285,000 Use of Money & Prop 80,000 90,000 2,843,434 2,498,850 0 PROP C TRANSIT TAX FUND Local Trans -Prop C 526,600 526,600 Use of Money & Prop 80,000 85,000 Appropriated Fund Bal 2,042,499 1,213,800 2,649,099 1,825,400 0 ISTEA FUND ISTEA Revenue INTEGRATED WASTE MGT FUND 1,000,000 600,000 1,000,000 600,000 AB939 Admin Fees 65,500 80,000 intergovt Revenues 17,360 17,000 Use of Money & Prop 5,000 7,000 Appropriated Fund Bal 141,274 126,600 229,134 230,600 0 CITY OF DIAMOND BAR ESTIMATED RESOURCES 1998-99 1997-88 City Manager City Council Estimated Recornnwnded Approved SLTPP FUND Intergovt Revenue-SLTPP 42,500 0 42,500 0 AIR QUALITY IMP FUND Pollution Reduc Fees Use of Money & Prop Appropriated Fund Bal SB 821 FUND SB 821 Revenue Appropriated Fund Bal PARK FEES FUND Quimby Fees Use of Money & Prop Appropriated Fund Bal 45,000 45,000 7,500 7,500 116,004 108,000 168,504 160,500 0 22,950 22,500 11,375 34,325 34,325 56,825 0 250,000 250,000 20,000 40,000 428,929 294,700 698,929 584,700 0 PARK & FACILITY DEVELOPMENT FUND Appropriated Fund Bal 0 1,380,000 Use of Money & Prop 0 80,000 Sale of Fixed Assets - Land 1,300,000 1,300,000 1,460,000 0 CDBG FUND CDBG Revenue 666,060 793,800 Sale of Printed Material 200 338,205 546,065 666,260 793,800 0 CITIZENS OPTION FOR PUBLIC SAFETY FUND Intergovt Revenues 193,400 193,400 Use of Money & Prop 7,000 15,000 Appropriated Fund Balance 134,590 252,990 334,990 461,390 NARCOTICS ASSET FORFEITURE FUND Use of Money & Prop 18,000 Fund Balance Reserve 303,923 320,000 303,923 338,000 0 LANDSCAPE DIST # 38 Benefit Assessment 260,115 261,525 Use of Money & Prop 5,000 8,000 Appropriated Fund Bal 280,950 338,205 546,065 607,730 0 -10- CITY OF DIAMOND BAR ESTIMATED RESOURCES 1998-99 1997-98 City Manager City Council Estimated Recommended Approved LANDSCAPE DIST #39 Benefit Assessment 165,360 164,970 Use of Money & Prop 600 2,500 Appropriated Fund Bal 79,500 83,600 245,460 251,070 0 LANDSCAPE DIST #41 Benefit Assessment 124,141 122,157 Use of Money & Prop 10,000 10,000 Appropriated Fund Bal 238,496 233,637 372,637 365,794 0 GRAND AVE CONST FD 36,936,705 32,095,157. 0 Appropriated Fund Bal 139,131 139,131 NET CITY RESOURCES 139,131 139,131 0 CAPITAL IMP PROJECT FD Developer Fees 35,000 237,500 Trans -in Other Fds 8,457,220 5,844,200 Reserve-Traf Signls 245,387 154,152 8,737,607 6,235,852 0 SELF INSURANCE FUND Trans4n General Fund 267,500 160,000 Use of Money & Prop 30,000 40,000 Reserved Fund Bal 888,649 1,005,149 1,186,149 1,205,149 0 TOTAL RESOURCES 36,936,705 32,095,157. 0 Less Interfund Transfers (9,490,289) (6,852,900) 0 NET CITY RESOURCES $27,446,416 $25,242,257 $0 —11— -12- GENERAL FUND BUDGET -13- -14- U a� (o L mU x LL > H06 � a"'i c a CL c ii C U (1)a` o c � m m� v p Lf) O C O � U')O` O 7 O N .- U- U- r T- c C N N r O � o ♦W O V ca o O CA N � c O � O � 04 W v O 00 O OD o oo Q LL :f= ... LL J - L .. Q C W Z CL W H 0 0 0 a 06 0 M L O ao O N N .-. 0 0 00 0 Gi IV N (O O O O N f O r-: 04 O N (O M -14- -15- m E � � E 0 > O U U - a ani cn � o Q, c a> cYi a � v 0 o a� Cia) V U ^ M W (Q ( v N D1 Ch LO f` co LOti Z N �Nr W aco 0 69 W CD ' a) Z r z Cl LLX E o ~ U c M W o c LO cu U) o � U a 0 rn CDM LO ti (Np O -15- -16- CITY OF DIAMOND BAR GENERAL FUND BUDGET F.Y. 1998-99 ESTIMATED RESOURCES Property Taxes Other Taxes State Subventions Fines & Forfeitures From Other Agencies Current Svc Charge Use of Money & Prop. Transfer -in Other Funds Reserved Fund Balance Total Est. Resources APPROPRIATIONS City Council City Attorney City Manager City Clerk Finance General Government Com Svcs Center Communications & Marketing Law Enforcement Volunteer Patrol Fire Animal Control Emergency Preparedness Planning Building and Safety Community Services Public Wks/Engineering Transfer -out Other Funds Total Appropriations NET CHANGE IN FUND BALANCE 1997-98 Get Mang City Council Adjusted Budget. Recommended Approved 2,045,000 2,061,000 3,205,000 3,220,000 2,481,700 1,881,700 231,000 206,500 450,000 48,000 998,450 1,411,950 627,000 697,200 706,850 833,600 674,982 452,100 $11,419,982 $10,812,050 $0 124,175 122,530 155,000 165,000 510,750 334,500 263,598 213,435 263,350 251,300 703,185 542,950 29,800 238,660 572,650 3,699,500 3,937,500 7,850 10,500 7,530 7,360 65,000 65,000 37,100 43,915 561,301 410,250 250,000 348,500 1,361,480 1,610,785 1,559,545 1,455,850 676,219 355,100 $10,514,043 $10,447,125 $0 $905,939 $364,925 $0 -17- DrM GENERAL FUND REVENUE SUMMARY -19- CITY OF DIAMOND BAR GENERAL FUND ESTIMATED RESOURCES 1998-99 1997-1996 City mans"r City Council Adjusted Est. Recommended Approved Property Taxes: 32150 Traffic Fines 32200 30010 Current Secured 1,800,000 1,800,000 0 30020 Current Unsecured 130,000 150,000 0 30050 Supplemental Roll 110,000 110,000 0 30200 Misc. Property Taxes 5,000 1,000 0 Plan Check Fee 34350 $2,045,000 $2,061,000 $0 Other Taxes: 500 500 0 $231,000 31010 Sales Tax 2,200,000 2,200,000 0 31200 Transient Occupancy 235,000 250,000 0 31210 Franchise 650,000 650,000 0 31250 Property Transfer 120,000 120,000 0 15,000 22,200 $3,205,000 $3,220,000 $0 Subventions - State: 31350 Motor Veh-in Lieu 31450 Homeowners Exemption 31800 Off Highway Tax Fines & Forfeitures: 32150 Traffic Fines 32200 General Fines 32230 Parking Fines 32250 Vehicle Impound Fees 32270 False Alarm Fees 32300 Narcotics Seizure Revenue 32350 Graffiti Restitution From Other Agencies: 31820 FEMA Revenue 31890 Environmental Enhancement Pg 31900 Intergovt Revenue - Other Cities 33600 Economic Development Grants Current Svc. Charges: Building Fees: 34110 Bldg Permits 34120 Plumbing Permits 34130 Electrical Permits 34140 Mechanical Permits 34200 Permit Issuance Fee 34250 Inspection Fees 34300 Plan Check Fee 34350 SMIP Fee 2,450,000 1,850,000 0 30,000 30,000 0 1,700 1,700 0 $2,481,700 $1,881,700 $0 90,000 85,000 0 5,000 9,000 0 70,000 60,000 0 15,000 12,000 0 50,000 40,000 0 500 0 0 500 500 0 $231,000 $206,500 $0 30,000 200,000 18,000 0 250,000 0 0 0 $450,000 $48,000 $0 165,000 244,000 0 15,000 22,200 0 23,700 35,100 0 10,000 14,800 0 31,250 46,250 0 7,500 11,100 0 140,000 207,000 0 2,500 3,500 0 -20- CITY OF DIAMOND BAR GENERAL FUND ESTIMATED RESOURCES Planning Fees: 34410 Environmental Fees 34420 Adv. Planning Fees 34430 Current Planning Fees 34500 Miscellaneous Permits Engineering Fees: 34610 Engr. Plan Check Fees 34620 Engr. Permit Issuance Fees 34630 Engr. Encroachment Fees 34640 Engr. Inspection Fees 34665 Industrial Waste Fee Recreation Fees: 34720 Community Activities 34730 Senior Activities 34740 Athletics 34760 Fee Programs 34780 Contract Classes 34800 Special Event Fees Use of Money and Property: 36100 Interest Earnings 36600 Returned Check Charges 36610 Rents & Concessions 36630 Sale of Fixed Assets 36640 Sale of Promotional Items 36650 Sale/Printed Material 36651 Sale/Printed Material-Engr 36900 Miscellaneous Revenue Transfer In/Other Fund: 39111 Transfer In -Gas Tx Fd 39113 Transfer In-Prp C 39126 Transfer In -COPS Fd Fund Balance Reserve GENERAL FUND TOTAL 1998-99 1997-1888 Citarmanaw Pity Council Adjusted Est. Recommended. /Approved 10,000 10,000 0 0 0 0 50,000 50,000 0 500 500 0 40,000 135,000 0 4,000 4,000 0 3,000 2,000 0 120,000 185,000 0 11,000 10,000 0 26,000 26,000 0 8,000 10,000 0 56,000 75,000 0 65,000 100,000 0 140,000 150,500 0 70,000 70,000 0 $998,450 $1,411,950 $0 600,000 650,000 0 500 500 0 15,000 25,000 0 0 10,000 0 200 6,000 6,500 0 500 0 0 5,000 5,000 0 $627,000 $697,200 $0 641,750 708,600 $0 10,800 5,000 0 54,300 120,000 0 $706,850 $833,600 $0 -21- 674,982 452,100 11,419,982 10,812,050 0 -22- GENERAL FUND EXPENDITURE SUMMARY -23- CITY OF DIAMOND BAR GENERAL FUND OPERATING EXPENDITURE SUMMARY Fiscal Year 1998-99 City Council $61,230 $2,350 $22,950 $36,000 City Attorney 165,000 City Manager 351,150 1,100 20,750 1,500. City Clerk 182,320 1,950 9,165 18,000 Finance 214,000 1,500 9,750 40,550 General Government 2,200 25,250 380,500 97,000 Communications & Marketing 252,700 8,000 118,350 2,500 Law Enforcement 3,500 Community Volunteer Patrol 5,000 2,500 3,000 Fire Animal Control Emergency Preparedness 8,500 11,275 16,640 Transfers Out Community Development Planning 332,650 2,500 22,600 68,500 Building and Safety Community Services -Admin 226,300 9,000 15,290 4,400 Paul C Grow Park 33,500 Heritage Park 17,060 Heritage Park Community Ctr 39,450 4,000 20,500 Maplehill Park 17,850 Pantera Park 44,000 Peterson Park 27,800 Ronald Reagan Park 21,100 Starshine Park 11,000 Summitridge Park 29,100 Sycamore Canyon Park 32,925 Recreation Services 162,100 45,000 90,850 16,000 Public Works -Admin 123,700 2,500 55,050 16,000 Engineering 98,300 2,400 Traffic & Trans 43,200 1,600 8,000 Landscape Maintenance 500 GENERAL FUND TOTAL $2,094,300 $114,150 $1,022,365 $490,090 Percentage of Total 20.05% 1.09% 9.79% 4.69% -24- CITY OF DIAMOND BAR GENERAL FUND OPERATING EXPENDITURE SUMMARY Fiscal Year 1998-99 4,000 $122,530 1.17% 348,500 165,000 1.58% 450 6,000 (40,000) 334,500 3.20°x6 13,200 2,000 213,435 2.04% 9,000 500 (15,000) 251,300 2.41% 12,000 26,000 542,950 5.20% 10,800 21000 (20,000) 572,650 5.48°x6 3,934,000 22,000 3,937,500 37.69% 14,400 4,000 10,500 0.10% 7,360 19,500 7,360 0.07% 65,000 1,000 65,000 0.62% 18,000 7,500 43,915 0.42% 28,200 355,100 355,100 3.40% 4,000 (20,000) 410,250 3.93% 348,500 348,500 3.34% 450 6,000 261,440 2.50% 13,200 46,700 0.45% 9,000 1,000 27,060 0.26% 63,950 0.61% 10,800 10,000 38,650 0.37% 22,000 22,000 88,000 0.84% 14,400 4,000 46,200 0.44% 12,000 19,500 52,600 0.50% 6,000 1,000 18,000 0.17% 18,000 1,000 48,100 0.46% 28,200 1,000 62,125 0.59% 524,010 20,000 857,960 8.21% 794,000 1,000 (55,000) 937,250 8.97% 134,000 234,700 2.25% 10,000 62,800 0.60% 220,600 221,100 2.12% $6,187,520 $333,600 ($150,000) $10,447,125 100.00% 59.23% 3.19% 0.00% -1.44% 100.00% -25- -26- EXPENDTTURE DETAIL SECTION & DEPARTMENT -27- -28- CITY OF DIAMOND BAR COMMUNITYADMINISTRATION -29- -30- CITY OF DIAMOND BAR Department -Legislative 0 City Council ❑ City Attorney ❑ City Manager ❑ City Clerk -31- -32- CITY OF DIAMOND BAR DEPARIMM, #.egislative ESTIMATED EXPENDITURES 1998-99 Professional Svcs DIVISION"'..&ummary ACCOUNT 8: 4010.4040 0 1997-98 City Manager City Council 75,000 Adjusted Budget Recommended Approved PERSONNEL SERVICES 90,000 0 44030 40010 Salaries 493,400 415,170 0 40020 Overtime 8,000 7,000 0 40030 Wages - Part time 5,000 0 0 40070 City Paid Benefits 8,930 8,020 0 40080 Retirement 73,870 63,860 0 40083 Worker's Comp Exp. 7,925 4,100 0 40085 Medicare 7,325 6,050 0 40090 Cafeteria Benefits 111,900 90,500 0 TOTAL PERSONNEL SVCS $716,350 $594,700 $0 SUPPLIES 41200 Operating Supplies 4,100 5,200 0 41300 Small Tools & Equip 200 200 0 TOTAL SUPPLIES $4,300 $5,400 $0 OPERATING EXPENDITURES 42110 Printing 1,800 2,000 0 42112 Photography 600 0 42115 Advertising 4,900 5,000 0 42125 Telephone 2,400 1,900 0 42200 Equipment Maint. 900 600 0 42310 Fuel 1,000 1,200 0 42315 Membership & Dues 1,700 1,775 0 42320 Publications 524 790 0 42325 Meetings 6,125 6,100 0 42330 Travel -Cont 8 Mtgs 39,200 29,700 0 Mileage & Auto Allow 950 1,050 0 42340 Education 8 Training 5,000 2,100 0 42390 Elections 38,200 0 0 42395 Miscellaneous Exp 0 50 0 TOTAL OPERATING EXP. $102,699 $52,865 $0 PROFESSIONAL SERVICES 44000 Professional Svcs 47,600 55,500 0 44020 Legal Services 75,000 75,000 0 44021 Special Legal Svcs 80,000 90,000 0 44030 Prof Svcs -Data Processing 25,000 0 0 TOTAL PROF SVCS $227,600 $220,500 $0 CAPITAL OUTLAY 46200 Office Equipment 2,008 0 0 46230 Computer Equipment -Hardware 50 0 0 46235 Computer Equipment -Software 0 2,000 0 46240 Communications Equipment 516 0 0 TOTAL CAPITAL OUTLAY $2,574 $2,000 $0 Allocated Costs Allocated Costs -Redevelopment $0 ($40,000) $0 DEPARTMENT TOTAL $1,053,523 $835,465 $0 -33- CITY OF DIAMOND BAR ACTIVITY COMMENTARY 1998-99 The City Council is the legislative and policy-making body for the City of Diamond Bar. Five councilmembers are elected at -large for four-year, overlapping terms of office. The Council annually elects one of its members to serve as Mayor. The Mayor presides over all Council meetings and is the ceremonial head of the City for official functions. As Diamond Bar's elected representatives, the City Council expresses the values of the electorate in keeping pace with viable community needs and for establishing the quality of municipal services in the urban environment. The Council determines service levels and revenue obligations through the adoption of an annual budget; authorizes City contracts and expenditures; establishes City service and operating policies; and adopts such regulatory measures as may be necessary for the mutual protection of the community. Councilmembers also represent the City on various intergovernmental organizations to achieve governmental cooperation, legislation, and programs that are consistent with the needs of the community. PERSONNEL City Council Members -34- 5.0 CITY OF DIAMOND BAR ESTIMATED EXPENDITURES 199&99 SUPPLIES 41200 Operating Supplies 1,500 2,350 TOTAL SUPPLIES $1,500 $2,350 $0 OPERATING EXPENDITURES 42110 Printing 1997-98 City Manager City Council 42112 Photography Adjusted Budget Recommended Approved PERSONNEL SERVICES 100 100 40010 Salaries 27,500 24,000 40070 City Paid Benefits 3,100 2,820 40080 Retirement 3,850 4,110 40083 Workers Comp. Exp. 275 150 40085 Medicare 400 350 40090 Cafeteria Benefits 34,100 29,800 TOTAL PERSONNEL SVCS $89,225 $61,230 $0 SUPPLIES 41200 Operating Supplies 1,500 2,350 TOTAL SUPPLIES $1,500 $2,350 $0 OPERATING EXPENDITURES 42110 Printing 1,550 2,000 42112 Photography 600 42315 Membership & Dues 100 100 42320 Publications 200 200 42325 Meetings 4,000 4,000 42330 Travel-Conf & Mtge 18,500 15,000 42340 Education & Training 3,900 1,000 42395 Miscellaneous Exp 50 TOTAL OPERATING EXP. $28,250 $22,950 $0 PROFESSIONAL SERVICES 44000 Professional Svcs 25,200 36,000 TOTAL PROF. SERVICES $25,200 $36,000 $0 DIVISION TOTAL $124,175 $122,530 $0 -35- CITY OF DIAMOND BAR ACTIVITY COMMENTARY 1998-99 The City Attorney acts as the City's legal counsel, prepares resolutions, ordinances and agreements; and advises the City Council and staff on all legal matters relating to the operation o t the municipal government. This service is provided through a contract with the law offices of Richards, Watson, & Gershon. Under special legal circumstances, the City may be required or choose to contract with another firm. These services which are required in addition to the standard City Attorney contract are also included within this division. PE RSONNE L Total Positions 0.00 -36- CITY OF DIAMO ND BAR `� •iYC KY:Y:Y:Y'f: :Y'K:Y;;IYi'�l:Y.i �•:K:? ,j mow......,.; ESTIMATED EXPENDITURES 1998-97 1997-98 City Manager City Council Adjusted Budget Recommended Approved PROFESSIONAL SERVICES 44020 Legal Services 75,000 75,000 44021 Special Legal Svcs 80,000 90,000 TOTAL PROF. SVCS. 155,000 165,000 0 DIVISION TOTAL $155,000 $165,000 $0 Quit CITY OF DIAMOND BAR ACTIVITY COMMENTARY 1998-99 THe City Manager's Office budget provides for continued administrative direction to all operating departments in compliance with the City's Municipal Code. This department is responsible for the execution of Council policy and the enforcement of all laws and ordinances. The City Manager, in concert with the City Council, establishes policy, provides leadership and implements efficient and effective services. The City Manager is the director of all City personnel. As such, he establishes and maintains appropriate controls to ensure that all operating departments adhere to Council and legally mandated policies and regulations. Additionally he is responsible for the preparation and administration of the annual budget. Administrative and clerical support to the City Council members is also provided through the City Manager's office. PERSONNEL FULL TIME POSITIONS City Manager 1.00 Asst. to City Manager .45 Secretary to Cmgr/Ofc Mgr 1.00 Admin. Assistant .90 Secretary .95 Total Positions 4.30 -38- CITY OF DIAMOND BAR 1.c- rMENT. Legistative ESTIMATED EXPENDITURES Printing 250 City Manager 1998-99 Advertising A=-.. OAT. 4030 42125 Telephone 2,000 1997-98 City Manager City Council 800 Adjusted Budget Recommended Approved PERSONNEL SERVICES 1,200 42315 Membership & Dues 40010 Salaries 344,450 256,700 Publications 40020 Overtime 6,000 5,000 Meetings 40030 Wages - Part time 5,000 42330 Travel-Conf & Mtgs 40070 City Paid Benefits 3,980 3,050 Mileage & Auto Allow 40080 Retirement 53,020 41,550 Education & Training 40083 Worker's Comp Exp 6,400 3,100 TOTAL OPERATING EXP. 40085 Medicare /Social Security 5,150 3,750 40090 Cafeteria Benefits 57,500 38,000 1,400 TOTAL PERSONNEL SVCS $481,500 $351,150 $0 SUPPLIES CAPITAL OUTLAY 41200 Operating Supplies 750 1,000 41300 Small Tools & Equip 100 100 TOTAL SUPPLIES $850 $1,100 $0 OPERATING EXPENDITURES 42110 Printing 250 42115 Advertising 100 42125 Telephone 2,000 1,500 42200 Equipment Maint. 800 500 42310 Fuel 1,000 1,200 42315 Membership & Dues 1,200 1,200 42320 Publications 234 500 42325 Meetings 2,000 2,000 42330 Travel-Conf & Mtgs 17,500 12,500 42335 Mileage & Auto Allow 750 750 42340 Education & Training 600 600 TOTAL OPERATING EXP. $26,434 $20,750 $0 PROFESSIONAL SERVICES 44000 Professional Svcs 1,400 1,500 TOTAL PROF. SVCS. $1,400 $1,500 $0 CAPITAL OUTLAY 46230 Computer Equipment -Hardware 50 46240 Communications Equipment 516 TOTAL CAPITAL OUTLAY $566 $0 $0 Allocated Costs Allocated Costs - Redevelopment ($40,000) DIVISION TOTAL $510,750 $334,500 $0 -39- CITY OF DIAMOND BAR ACTIVITY COMMENTARY 1998-99 The City Clerk has a statutory duty to record the official minutes of all City Council meetings; maintain original resolutions and ordinances, and is the custodian of the City seal. Additionally, she is the chief election officer for municipal elections. The City Clerk's offige is the depository for all official documents and records. The Clerk assists and supports the public and City departments by making available the records necessary for the City to advance its administrative, legal and legislative functions. The City Clerk encourages the use of cost-saving/productivity improving records management techniques throughout the City. The City Clerk prepares all necessary documents for public hearings, posts notices and copies of ordinances as required by law and maintains and updates the Municipal Code. PERSONNEL FULL TIME POSITIONS City Clerk 1.00 Deputy City Clerk 1.00 Secretary 1.00 Total Positions 3.00 -40- CITY OF DIAMOND BAR ESTIMATED EXPENDITURES 1998-99 OPERATING EXPENDITURES 42115 Advertising 1997-98 City Manager City Council 42125 Telephone Adjusted Budget Recommended Approved PERSONNEL SERVICES Equipment Maint. 100 40010 Salaries 121,450 134,470 40020 Overtime 2,000 2,000 40070 City Paid Benefits 1,850 2,150 40080 Retirement 17,000 18,200 40083 Worker's Comp. Exp. 1,250 850 40085 Medicare/Social Security 1,775 1,950 40090 Cafeteria Benefits 20,300 22,700 0 TOTAL PERSONNEL SVCS $165,625 $182,320 $0 SUPPLIES PROFESSIONAL SVC 41200 Operating Supplies 1,850 1,850 41300 Small Tools & Equip 100 100 0 TOTAL SUPPLIES $1,950 $1,950 $0 OPERATING EXPENDITURES 42115 Advertising 4,800 5,000 42125 Telephone 400 400 42200 Equipment Maint. 100 100 42315 Membership & Dues 400 475 42320 Publications 90 90 42325 Meetings 125 100 42330 Travel -Cont & Mtgs 3,200 2,200 42335 Mileage & Auto Allow 200 300 42340 Education & Training 500 500 42390 Elections 38,200 0 TOTAL OPERATING EXP $48,015 $9,165 $0 PROFESSIONAL SVC 44000 Professional Services 21,000 18,000 44030 Prof Svcs - Data Processing 25,000 0 TOTAL PROF. SVCS $46,000 $18,000 $0 CAPITAL OUTLAY 46200 Office Equipment 2,008 46235 Computer Equipment -Software 2,000 TOTAL CAPITAL OUTLAY $2,008 $2,000 $0 DIVISION TOTAL $263,598 $213,435 $0 -41- -42- CITY OF DIAMOND BAR Department - Admin. & Support ❑ Finance ❑ General Government ❑ Communications & Marketing -43- CITY OF DIAMOND BAR aEPARTMEINT: General Govt ESTIMATED EXPENDITURES 1998-99 18,703 DtlfJSllC N �ACCOUNTA: Summary'. 4�0-96 41300 Small Tools it Equip 450 1997-98 City Manager City Council 16,000 16,000 Adjusted Budget Recomrnended Approved $34,750 PERSONNEL SERVICES Photography 1,200 500 0 40010 Salaries 199,350 341,800 2,000 0 40020 Overtime 3,000 4,000 12,500 0 40030 Wages -Part Time 4,600 11,200 40,500 0 40070 City Paid Benefits 2,760 4,700 2,500 0 40080 Retirement 29,400 47,200 25,000 0 40083 Worker's Comp Exp. 2,150 2,200 750 0 40085 Medicare 3,350 5,850 5,000 0 40090 Cafeteria Benefits 30,900 50,750 15,500 0 40093 Benefits Administration 1,200 1,200 217,500 0 TOTAL PERSONNEL SVC.0 $276,710 $468,900 0 $0 SUPPLIES 41200 Operating Supplies 18,703 18,300 0 41300 Small Tools it Equip 450 450 0 41400 Promotional Items 16,000 16,000 0 TOTAL SUPPLIES $35,153 $34,750 $0 OPERATING EXPENDITURES 42100 Photocopy 6,500 6,500 0 42110 Printing 44,500 45,500 0 42111 Pre -Press Printing 13,000 16,000 0 42112 Photography 1,200 500 0 42113 Engraving Services 2,500 2,000 0 42115 Advertising 9,900 12,500 0 42120 Postage 38,711 40,500 0 42121 Mailing Services 1,500 2,500 0 42125 Telephone 25,200 25,000 0 42126 Utilities 2,750 750 0 42128 Banking Charges 4,700 5,000 0 42130 Rental/Lease-Equip. 21,750 15,500 0 42140 Rent/Lease-Real Prop 177,100 217,500 0 42141 Rental/Show Space 3,500 0 0 42200 Equipment Maint. 9,500 8,000 0 42205 Computer Maint 7,500 7,500 0 42210 Maint-Grounds & Bldg 28,250 20,000 0 42310 Fuel 1,500 1,500 0 42315 Membership & Dues 29,300 30,750 0 42320 Publications 2,800 2,700 0 42325 Meetings 14,150 14,150 0 42330 Travel-Conf & Mtgs 14,800 14,500 0 42335 Mileage 3 Auto Allow 150 200 0 42340 Education & Training 44,800 14,800 0 42345 Employment Physicals 1,500 1,500 0 42353 Anniversary 15,000 0 0 42355 Contr-Community Grps 3,000 3,000 0 42360 Graffiti Reward Program 1,000 0 0 42395 Misc. Expenditures 450 250 0 TOTAL OPERATING EXP. $526,511 $508,600 $0 -44- CITY OF DIAMOND BARQEPA.RT.M.I.INT General Govt. ESTIMATED EXPENDITURES 2998-99 46200 D1V V; 1ACCIDUNT.41.: SuMM" 4050-96 Office Furniture 46230 1997-98 City Manager City Council 46240 Communications Equip Adjusted Budget Recommended Approved 0 PROFESSIONAL SERVICES 19,550 0 1,000 0 44000 Professional Svcs 115,675 82,500 $0 0 44010 Auditing Services 44,300 43,000 0 44030 Data Processing Svcs 51,300 14,550 0 TOTAL PROF SVCS $211,275 $140,050 $0 CONTRACT SERVICES 45000 Contract Services TOTAL CONTRACT SVCS CAPITAL OUTLAY 46200 Office Equipment 46220 Office Furniture 46230 Computer Equipment - Hardware 46235 Computer Equipment - Software 46240 Communications Equip TOTAL CAPITAL OUTLAY ALLOCATED COSTS Allocated Costs -Redevelopment 3,000 12,000 0 $3,000 $12,000 $0 25,500 500 0 70,648 26,000 19,621 191,550 0 64,817 19,550 0 1,000 0 0 $181,586 $237,600 $0 $0 ($35,000) $0 DEPARTMENT TOTAL $1,234,235 $1,366,900 $0 —45— CITY OF DIAMOND BAR ACTIVITY COMMENTARY 1998-99 The Finance Division provides accounting revenues, receivables and maintains budgetary funds. This department is responsible for custody and disbursement of all City funds. RTEWMe ZE• �� control over assets, control over all City the proper receipt, The Finance Division processes all financial transactions of the City. Specific activities include accounts payable, cash receipts, payroll, fixed assets, budget maintenance, audits, financial reporting, and the refinements and mantenance of the general accounting system. The Finance Division is also responsible for the safety, liquidity and maximization of the yields of the City's financial resources. In conjunction with the payroll function, the Finance Division is responsible for the administration of the personnel function. This includes benefit administration, personnel review and salary adjustments. PERSONNEL FULL TIME POSITIONS Asst Finance Director 1.00 Senior Accountant 1.00 Account Clerk II 1.00 Subtotal 3.00 PART TIME POSITIONS Admin. Intern .50 Total Positions 3.50 -46- CITY OF DIAMOND BAR DEPARTMENT: General Govt. ESTMUTED EXPENDITURES POWWOW:: Finance 1998-99 AOCt1EfIt 4,050 SUPPLIES 41200 Operating Supplies 1,300 1,300 41300 Small Tools & Equipment 200 200 TOTAL SUPPLIES $1,500 $1,500 $0 OPERATING EXPENDITURES 42110 Printing 1997-98 City Manager City Council 42315 Membership & Dues Adjusted Budget Recommended Approved PERSONNEL SERVICES Publications 300 40010 Salaries 146,400 149,350 40020 Overtime 3,000 4,000 40030 Wages -Part Time 4,600 11,200 40070 City Paid Benefits 2,050 2,150 40080 Retirement 20,950 20,200 40083 Wkes Comp. 1,550 1,000 40085 Medicare 2,550 3,050 40090 Cafeteria Benefits 23,050 23,050 TOTAL PERSONNEL SVCS $204,150 $214,000 $0 SUPPLIES 41200 Operating Supplies 1,300 1,300 41300 Small Tools & Equipment 200 200 TOTAL SUPPLIES $1,500 $1,500 $0 OPERATING EXPENDITURES 42110 Printing 5,000 5,000 42315 Membership & Dues 700 750 42320 Publications 300 350 42325 Meetings 150 150 42330 Travel-Conf & Mtgs 1,800 2,500 42335 Mileage & Auto Allow 150 200 42340 Education & Training 800 800 TOTAL OPERATING EXP. $8,900 $9,750 $0 PROFESSIONAL SERVICES 44000 Professional Services 2,000 5,000 44010 Auditing Services 24,300 23,000 44030 Data Processing Svcs. 19,000 12,550 TOTAL PROF SVCS $45,300 $40,550 $0 CAPITAL OUTLAY 46200 Office Equipment $3,500 $500 46230 Computer Equipment TOTAL CAPITAL OUTLAY $3,500 $500 $0 ALLOCATED COSTS Allocated Costs ($15,000) DIVISION TOTAL $263,350 $251,300 $0 -47- CITY OF DIAMOND BAR ACTIVITY COMMENTARY 1998-99 • • ,� ; _ t ;,);I IN• • • • • • This division provides f operation of City Hall. specifically identified utilities, duplicating, the purchase of general unds for the operating, re Included in this are items as one division's expen postage, etc. This divis office furniture and eaui PERSONNEL Total Positions -48- • •• ntal and general which cannot be diture, such as ion provides for nment. CITY OF DIAMOND BAR ESTIMATED EXPENDITURES 1998-99 DEPAR'O ENT; DIVISION: I ACCOUNT General Govt. General Govt. 409(I 1997-98 City Manager City Council Adjusted Budget Recommended Approved PERSONNEL SERVICES 40080 Retirement 1,000 1,000 40093 Benefits Administration 1,200 1,200 TOTAL PERSONNEL SVCS $2,200 $2,200 $0 SUPPLIES 41200 Operating Supplies 11,603 12,500 41300 Small Tools & Equip 250 250 41400 Promotionalltems 0 12,500 TOTAL SUPPLIES $11,853 $25,250 $0 OPERATING EXPENDITURES 42100 Photocopy 6,500 6,500 42110 Printing 7,500 8,000 42113 Engraving Services 2,000 42115 Advertising 1,500 2,500 42120 Postage 25,211 25,000 42125 Telephone 24,700 24,000 42126 Utilities 2,750 750 42128 Banking Charges 4,700 5,000 42130 Rental/Lease-Equip. 20,000 12,000 42140 Rent/Lease-Real Prop 175,600 212,500 42200 Equipment Maint. 9,500 8,000 42205 Computer Maint 7,500 0 42210 Maint-Grounds & Bldg 28,250 20,000 42310 Fuel 1,500 1,500 42315 Membership & Dues 26,500 26,500 42320 Publications 2,000 2,000 42325 Meetings 9,000 9,000 42330 Travel -Conferences 3,500 3,500 42340 Education & Training 44,000 10,000 42345 Employment Physicals 1,500 1,500 42395 Misc. Expenditures 250 250 TOTAL OPERATING EXP. $401,961 $380,500 $0 PROFESSIONAL SERVICES 44000 Professional Svcs 87,025 75,000 44010 Prof Svcs -Auditing 20,000 20,000 44030 Prof Svcs -Data Proc 32,300 2,000 TOTAL PROF SVCS $139,325 $97,000 $0 CONTRACT SVCS 45000 Contract Svcs 3,000 12,000 TOTAL CONTRACT SVCS $3,000 $12,000 $0 CAPITAL OUTLAY 46200 Office Equipment 22,000 46220 Office Furniture 70,648 26,000 46230 Computer Equipment -Hardware 15,421 46235 Computer Equipment -Software 64,817 46240 Communications Equipment 1,000 TOTAL CAPITAL OUTLAY $173,886 $26,000 $0 DIVISION TOTAL $732,225 $542,950 $0 -49- NOTE: This division budget totals also include amounts previously budgeted in 4091. CITY OF DIAMOND BAR ACTIVITY COMMENTARY 1998-99 5 The Communications and Marketing division provides an ongoing program of public information that is designed to inform and educate community residents. A variety of methods and materials are utilized to disseminate information about the City's activities, programs and policies. This division is responsible for the general promotion of the City, as well as the facilitation of programs that recognize the efforts of individuals and organizations that contribute to the enhancement and general well-being of the community. This includes many economic development related activities. Among the tools employed to accomplish this task is the quarterly Community Newsletter and Recreation Guide, which provides current news and information regarding City activities and recreational opportunities. This division is also responsible for the City's computer data processing and information systems. Which includes everything from the daily maintenance of the City's network systems to evaluating equipment and software for City wide usage. This fiscal year the it is anticipated that the City's computer equipment and software will be upgraded to become more state of the art. PERSONNEL FULL TIME PERSONNEL Com & Marketing Director 1.00 Com & Marketing Coordinator 2.00 MIS Technician .55 Total Positions -50- 3.55 CITY OF DIAMOND BAR ESTIMATED EXPENDITURES 199&99 DE1=AR7NT: MIS Ii�k ACCtIUt'I'C General Gfl, Com & Mkting 4495 1997-98 City Manager City Council Adjusted Budget Recommended Approved PERSONNEL SERVICES 40010 Salaries 52,950 192,450 40070 City Paid Benefits 710 2,550 40080 Retirement 7,450 26,000 40083 Worker's Comp Exp. 600 1,200 40085 Medicare 800 2,800 40090 Cafeteria Benefits 7,850 27,700 $70,360 $252,700 $0 SUPPLIES 41200 Operating Supplies 5,800 4,500 41400 PromgtionalItems 16,000 3,500 TOTAL SUPPLIES $21,800 $8,000 $0 OPERATING EXPENDITURES 42110 Printing 32,000 32,500 42111 Digital Services 13,000 16,000 42112 Photography 1,200 500 42113 Engraving Services 2,500 0 42115 Advertising 8,400 10,000 42120 Postage 13,500 15,500 42121 Mailing Services 1,500 2,500 42125 Telephone 500 1,000 42130 Rental/Lease of Equipment 1,750 3,500 42140 Rental/Lease-R Property 1,500 5,000 42141 Rental/Exhibition Space 3,500 0 42205 Computer Maintenance 7,500 42315 Membership & Dues 2,100 3,500 42320 Publications 500 350 42325 Meetings 5,000 5,000 42330 Travel -Conferences 9,500 8,500 42340 Education & Training 4,000 42353 Anniversary 15,000 0 42355 Contr Community Grps 3,000 3,000 42360 Graffiti Reward Program 1,000 0 42395 Misc. Expenditures 200 0 TOTAL OPERATING EXP. $115,650 $118,350 $0 PROFESSIONAL SVCS 44000 Professional Svcs 26,650 2,500 TOTAL PROFESSIONAL SVCS $26,650 $2,500 CAPITAL EXPENDITURES 46230 Computer Equip- Hardware 4,200 191,550 46235 Computer Equip -Software 19,550 TOTAL CAPITAL EXPENDITURES $4,200 $211,100 ALLOCATED COSTS Allocated Costs -Redevelopment ($20,000) DIVISION TOTAL $238,660 $572,650 $0 NOTE: This division budget totals also include amounts previously budgeted in 4096. -51- -52- CITY OF DIAMOND BAR Department - Public Safety ❑ Law Enforcement ❑ Community Volunteer Patrol ❑ Fire ❑ Animal Control ❑ Emergency Preparedness -53- -54- CITY OF DIAMOND BAR ESTIMATED EXPENDITURES 1998-99 DEPARTMENT: pON:,mmay ACCOU . #Et Public safety 441 -4440 45404 Contr Svcs -Fire 45403 Contr Svcs -An Contrl 1997-98 City Manager City Council Parking Citation Admin Adjusted Budget Recommended Approved TOTAL CONTRACT SVCS PERSONNEL SERVICES 65,000 0 $3,761,530 $4,006,360 40083 Worker's Comp Expenditures 0 5,000 0 0 TOTAL PERSONNEL SVCS $0 $5,000 3,500 $0 SUPPLIES 3,000 0 2,000 500 41200 Operating Supplies 9,950 10,000 $0 0 41300 Small Tools & Equipment 1,000 1,000 0 TOTAL SUPPLIES $10,950 $11,000 $0 OPERATING EXPENDITURES 42110 Printing 1,400 800 0 42115 Advertising 200 0 0 42125 Telephone 1,800 2,200 0 42126 Utilties 200 375 0 42130 Equipment Rent 2,800 2,800 0 42140 Rental/Lease - Real Property 200 100 0 42200 Equipment Maint. 12,000 4,700 0 42310 Fuel 1,200 0 0 42315 Membership & Dues 3,000 2,800 0 42320 Publications 0 1,000 0 42325 Meetings 2,000 2,000 0 42340 Education & Training 3,500 1,000 0 TOTAL OPERATING EXP. $28,300 $17,775 $0 PROFESSIONAL SERVICES 44040 Prof Svcs -Emergency Coord 6,000 16,640 0 TOTAL PROF SVCS $6,000 $16,640 $0 CONTRACT SERVICES 45401 Contr Svcs -Sheriff 45404 Contr Svcs -Fire 45403 Contr Svcs -An Contrl 45402 Contr Svcs - Sheriff Sp Evts 4540$ Parking Citation Admin 45410 CS - Crossing Guards 5,000 TOTAL CONTRACT SVCS CAPITAL OUTLAY 46100 Vehicle Equipment 46230 Computer Equipment 46240 Communications Eq 46250 Misc Equipment 46310 Bldg Impr - EOC 0 TOTAL CAPITAL OUTLAY 3,560,000 3,794,000 0 7,530 7,360 0 65,000 65,000 0 70,000 70,000 0 4,000 5,000 0 55,000 65,000 0 $3,761,530 $4,006,360 $0 6,500 0 0 500 500 0 700 3,500 0 500 3,000 0 2,000 500 0 $10,200 $7,500 $0 DEPARTMENT TOTAL $3,816,980 - $4,064,275 $0 -55- CITY OF DIAMOND BAR ACTIVITY COMMENTARY 1998-99 The City of Diamond Bar contracts with the Los Angeles County Sheriff's Department for law enforcement services. These services include general law enforcement and traffic safety. General law enforcement provides an assortment of officers to provide crime prevention via around-the-clock street patrols, narcotics prevention, special investigations, and the general enforcement of laws. Additionally, the law enforcement budget includes funds for various special events including the Concerts in the Park, and the YMCA 5-10K Walk/Run. Traffic safety provides routine traffic patrol as a means of encouraging motorists and pedestrians to comply with traffic laws and ordinances and, when necessary, issue citations and/or warnings for violations. Traffic accidents are investigated and their circumstances recorded and analyzed. This division also includes contract services for crossing guards and the administration of the City's parking citations. With the passage of AB408, Cities are now required to issue and collect their own parking citations. The City is currently under contract with Judicial Data Systems for the administration of parking citations. The following is a breakdown of the proposed contracted sheriff's service levels: TYPE OF SERVICE NUMBER General Law Units: One -Man 40 -hour (Team Leader) 1 One -Man 56 -hour 6 Two -Man 40 -hour 1 Traffic Law Units: One -Man 56 -hour 4 Motorcycle 40 -hour 3 Community Service Officer w/vehicle 2 Community Relations Officer 1 Special Assignment Car (290 -boy) 2 Narcotics Deputy (SANE) 1 Asian Task Force Deputy .50 Bicycle Patrol As Requested Special Investigations As Requested Helicopter Patrol 4 hours per month -56- CITY OF DIAMOND BAR DEPARTMENT: Public Safety ESTIMATED EXPENDITURES MOON: Law Enforcement 1998-99 ACIMUNT 4411 1997-98 City Manager City Council OPERATING EXPENDITURES Adjusted Budget Recommended Approved 4220 Equipment Maint. 10,000 3X 000 4232 Meetings 500 500 TOTAL OPERATING EXP. $10,500 $3,500 $0 CONTRACT SERVICES 4540 Contr Svcs -Sheriff 3,560,000 3,794,000 4540 Contr Svcs -Sheriff Sp Events 70,000 70,000 4540 Parking Citation Administration 4,000 5,000 4541 CS -Crossing Guards 55,000 65,000 TOTAL CONTRACT SVCS $3,689,000 $3,934,000 $0 CAPITAL OUTLAY 4625 Miscellaneous Equipment TOTAL CAPITAL OUTLAY 0 $0 $0 DIVISION TOTAL $3,699,500 $3,937,500 $0 —57— CITY OF DIAMOND BAR ACTIVITY CM44ENTARY 1998-99 The Community Volunteer Patrol Program was established in FY94-95. This program is coordinated by the Los Angeles County Sheriff's Department and provides general support to law enforcement personnel. Diamond Bar Community Volunteer Patrol members routinely patrol the community and are responsible for reporting any suspicious activity and/or problems to the Sheriff's Department. In addition to their patrol activities, other assignments performed by the Community Volunteer Patrol include: vacation checks; business security checks; park security; graffiti watch; community relations and other non -hazardous duties. It is anticipated that the Community Volunteer Patrol will be authorized to issue parking citations. To accommodate this, the budget includes an allocation for Worker's Compensation Insurance to cover these volunteers. -58- CITY OF DIAMOND BAR DEPARTMENT: Public Safety ESTIlVIATED EXPENDITURES iIQN: Coen Vol Patrol 1999-99 JA COUNT tl: 4415 1997-98 City Manager City Council Adjusted Budget Recommended Approved PERSONNEL SERVICES 40083 Worker's Comp Expenditures 0 5,000 TOTAL PERSONNEL SVCS $0 $5,000 $0 SUPPLIES 41200 Operating Supplies 2,250 2,000 41300 Small Tools & Equipment 500 500 $0 TOTAL SUPPLIES $2,750 $2,500 OPERATING EXPENDITURES 42110 Printing 200 42115 Advertising 200 1,000 1,000 42125 Telephone 1,000 500 42200 Equipment Maint. 0 42310 Fuel 1,200 42325 Meetings 1,500 1,500 $0 TOTAL OPERATING EXP $5,100 $3,000 DIVISION TOTAL $7,850 $10,500 $0 -59- CITY OF DIAMOND BAR ACTIVITY COMWNTARY 1998-99 The City is a part of the Consolidated Fire Protection District. Fire and emergency medical services are provided by the district. Upon incorporation, the City became responsible for fire protection within the City boundaries, therefore the City assumed wildland fire protection. This has required additional resources to be used by the Consolidated Fire Protection District. It is a responsibility of the City to pay annually for these added costs. -60- CITY OF DIAMOND BAR <:y �..:J,ti:JJ.vJ, t.4::J: :J:: .4. -::: ?1.3;•.::. :"'1 �: i': y:"9:'.::'.:.:"'::.:(1 D EXPENDITURES ESTIMATE 199&99 � 1997-98 City Manager City Council Adjusted Budget Recommended Approved CONTRACT SERVICES 45404 Contr Svcs -Fire $7,530 7,360 TOTAL CONTRACT SVCS $7,530 $7,360 $0 DIVISION TOTAL $7,530 $7,360 $0 -61- CITY OF DIAMOND BAR ACTIVITY COMMENTARY 1998-99 VISION TITLE: ANIMAL CONTROL DIVISION NO, 443 Animal Control provides for the care, protection, and control of animals who stray from their homes or are abused by their owners. This service, currently under contract with the Pomona Valley Humane Society, includes enforcement of leash laws and the provision of a shelter for homeless animals. In addition to the services rendered by the Humane Society, the City has been called upon to assist in the control of coyotes and skunks within the City. Additional funding has been included to fund these activities. -62- F DIAMOND BAR=.:•t.::.:..c CITY O �!i�:s.•.,rrt;�;�,:�:.:.:..:;..,.�� ,.:a ESTIMATED EXPENDITURES` = -' 199&99 .`.�•',,,•' � • �;:;:- �-�<. 1997-98 City Manager City Council Adjusted Budget Recommended Approved CONTRACT SERVICES 45403 Contr Svcs -An Contrl 65,000 65,000 TOTAL CONTRACT SVCS $65,000 $65,000 $0 DIVISION TOTAL $65,000 $65,000 $0 -63- CITY OF DIAMOND BAR ACTIVITY COMMENTARY 1998-99 EMERGENCY PREPAREDNESS The preservation of life and property is an inherent responsibility of local, state and federal governments. The City of Diamond Bar therefore, has prepared a comprehensive planning document, known as the Multihazard Functional Plan, which serves as the basis for the City's emergency organization and emergency operations. The primary objectives of this plan are to enhance the overall capabilities of government to respond to emergencies. This is accomplished by incorporating the policies, principles, concepts and procedures contained within this plan into an efficient organization capable of responding adequately in the face of any disaster. -64- CITY OF DIAMOND BAR DEPARTMENT: Public Safety ESTMUTED EXPENDITURES 46230 DMION: Emergency Prep 1998-99 46240 ACCOUNT g: 4440 3,500 46250 Misc. Equipment 1997-98 City Manager City Council Bldg Impr-EOC Adjusted Budget Recommended Approved SUPPLIES $10,200 $7,500 $0 41200 Operating Supplies 7,700 8,000 41300 Small Tools & Equipment 500 500 TOTAL SUPPLIES $8,200 $8,500 $0 OPERATING EXP. 42110 Printing 1,200 800 42125 Telephone 800 1,200 42126 Utilities 200 375 42130 Equipment Rent 21800 2,800 42140 Rent/Lease - Real Property 200 100 42200 Equipment Maintenance 1,000 1,200 42315 Membership & Dues 3,000 2,800 42320 Publications 0 1,000 42340 Education 8 Training 3,500 1,000 TOTAL OPERATING EXP $12,700 $11,275 $0 PROFESSIONAL SERVICES 44040 Prof Svcs - Emergency Coord 6,000 16,640 --- TOTAL PROF. SERVICES $6,000 $16,640 $0 CAPITAL OUTLAY 46100 Vehicle Equipment 6,500 0 46230 Computer Equipment 500 500 46240 Communications Eq. 700 3,500 46250 Misc. Equipment 500 3,000 46310 Bldg Impr-EOC 2,000 500 TOTAL CAPITAL OUTLAY $10,200 $7,500 $0 DIVISION TOTAL $37,100 $43,915 $0 —65— -66- CITY OF DIAMOND BAR COMMUNITY & DEVELOPMENT SERVICES -67- am= CITY OF DIAMOND BAR Department - Development Svcs ❑ Planning ❑ Building and Safety -70- CITY OF DIAMOND BAR DEPARTMENT:: Development Svcs ESTMATED EXPENDITURES DIVISION: Summary J 1998-99 ACCOUNT fit: 5210-5220 1997-98 City Manager City Council Adjusted Budget Recommended Approved PERSONNEL SERVICES 0 40010 Salaries 311,800 247,800 0 40020 Overtime 4,500 4,000 500 0 40030 Wages - Part time 500 3,500 0 40070 City Paid Benefits 4,050 4 3,700 33,500 0 40080 Retirement 40083 Worker's Comp Exp. 5,400 2,00 0 40085 Medicare 4,550 3,6600 0 0 40090 Cafeteria Benefits 45,550 37,750 $0 TOTAL PERSONNEL SVCS $420,050 $332,650 SUPPLIES 41200 Operating Supplies 2,500 2,500 0 TOTAL SUPPLIES $2,500 $2,500 $0 OPERATING EXPENDITURES 0 42110 Printing 7,000 6,000 0 42115 Advertising 6,00 6,000 0 42130 Equipment Rent 1,6600 0 0 42200 Equipment Maint. 1,800 1,800 0 42310 Fuel 1,000 1,000 0 42315 Membership & Dues 1,000 1,000 0 42320 Publications 1,000 1,000 0 42325 Meetings 500 300 0 42330 Travel-Conf & Mtgs 2,800 4,000 0 42335 Mileage & Auto Allow 900 500 0 42340 Education & Training 1,300 1,000 $0 TOTAL OPERATING EXP. $24,900 $22,600 PROFESSIONAL SERVICES0 44000 Professional Svcs 17,400 11,000 0 44100 Commissioner Comp. 7,000 7,000 0 44110 Com. Comp-SEATAC 500 500 0 44210 Planning -Regional 1,000 0 0 44220 General Plan -Housing Element 15,000 0 44240 Environmental Svcs 2,600 22 ,600 10,000 0 44250 Special Projects -Zone Changes 55,351 25,000 $0 TOTAL PROF SVCS $107,851 $68,500 CONTRACT SERVICES 250,000 348,500 0 45201 Contr Svcs -B & S 4,000 4,000 0 45213 Property Maint Enforcement TOTAL CONTRACT SVCS $254,000 $352,500 $0 CAPITAL OUTLAY 0 0 46250 Computer Equipment -Hardware 2,000 $0 $0 TOTAL CAPITAL OUTLAY $2,000 ALLOCATED COSTS Allocated Costs -Redevelopment $0 ($20,000) $0 DEPARTMENT TOTAL $811,301 $758,750 $0 -71- CITY OF DIAMOND BAR ACTIVITY COMMENTARY 1998-99 The Planning Division is responsible for the functions related tc current and advanced planning, building & safety, code enforcement, and economic development. It consists of two operating divisions. The Planning Division provides the community with long and short term planning in order to coordinate and monitor growth and development. It is charged with the development and implementation responsibilities of the General Plan. It prepares and administers the zoning and subdivision ordinances and reviews development projects for compliance with various development ordinances. The Planning Division insures that all projects receive the required environmental review in compliance with CEQA. Further, it provides technical support to the City Council and the various planning related committees/commissions. The Planning Division is also responsible for the development and administration of economic development. It updates and maintains records for the general public and coordinates projects and programs with other governmental agencies. PERSONNEL FULL TIME POSITIONS Deputy City Manager .45 Senior Planner 1.00 Associate Planner 1.00 Code Enforcement Officer 1.00 Dev Svcs Assistant .50 Admin. Secretary 1.00 Total Positions 4.95 -72- CITY OF DIAMOND BAR DEPARTMENT: Development Svc ESTEWATED EXPENDITURES Advertising DIVISION: Planning 1993-99 Equipment Rent ACCOUNT 1I. 5210 42200 Equipment Maint. 1,800 1997-98 City Manager City Council 1,000 Adjusted Budget Recommended Approved PERSONNEL SERVICES 1,000 42320 Publications 40010 Salaries 311,800 247,800 Meetings 40020 Overtime 4,500 4,000 Travel-Conf & Mtgs 40030 Wages - Part time 500 500 Mileage & Auto Allow 40070 City Paid Benefits 4,050 3,500 Education & Training 40080 Retirement 43,700 33,500 TOTAL OPERATING EXP 40083 Worker's Comp. Exp. 5,400 2,000 2,000 40085 Medicare/Social Security 4,550 3,600 $2,000 40090 Cafeteria Benefits 45,550 37,750 TOTAL PERSONNEL SVCS $420,050 $332,650 $0 SUPPLIES 41200 Operating Supplies 2,500 2,500 TOTAL SUPPLIES $2,500 $2,500 $0 OPERATING EXPENDITURES 42110 Printing 7,000 6,000 42115 Advertising 6,000 6,000 42130 Equipment Rent 1,600 0 42200 Equipment Maint. 1,800 1,800 42310 Fuel 1,000 1,000 42315 Membership & Dues 1,000 1,000 42320 Publications 1,000 1,000 42325 Meetings 500 300 42330 Travel-Conf & Mtgs 2,800 4,000 42335 Mileage & Auto Allow 900 500 42340 Education & Training 1,300 1,000 CAPITAL OUTLAY TOTAL OPERATING EXP $24,900 $22,600 $0 PROFESSIONAL SERVICES 44000 Professional Svcs 17,400 11,000 44100 Commissioner Comp. 7,000 7,000 44110 Com. Comp - SEATAC 500 500 44210 Planning 1,000 44220 General Plan -Housing Element 4,000 15,000 44240 Environmental 22,600 10,000 44250 Special Projects -Zone Changes 55,351 25,000 TOTAL PROF SVCS $107,851 $68,500 $0 CONTRACT SERVICES 45213 Property Maint Enforcement 4,000 4,000 $4,000 $4,000 $0 CAPITAL OUTLAY 46230 Computer Equipment 2,000 0 0 $2,000 $0 $0 ALLOCATED COSTS Allocated Costs -Redevelopment (20,000) DIVISION TOTAL $561,301 $410,250 $0 -73- CITY OF DIAMOND BAR ACTIVITY COMMENTARY 1998-99 The Building and Safety Division is responsible for the protection of public health and safety through the enforcement of the Building Code and other related codes. This division provides for Building and Safety plan check, permit issuance, and inspection services. These services are currently being provided under contract with D & J Engineering. PERSONNEL Total Positions 0.00 -74- CITY OF DIAMOND BAR DEPARTMENT: Development Svcs ESTIMATED EXPENDITURES ;DIVISION: Bldg & Safety 1998-99 ACCOUNT 0: 5220 1997-98 City Manager City Council Adjusted Budget Recommended Approved CONTRACT SERVICES 45201 Bldg & Safety 250,000 348,500 TOTAL CONTRACT SVCS $250,000 $348,500 $0 DIVISION TOTAL $250,000 $348,500 $0 -75- -76- CITY OF DIAMOND BAR Department -Community Services ❑ Park Administration ❑ City Parks Paul C. Grow Park Heritage Park Heritage Pk Com Center Maple Hill Park Pantera Park Peterson Park Ronald Reagan Park Starshine Park Summitridge Park Sycamore Canyon Park ❑ Recreation -77- CITY OF DIAMOND BAR ACTIVITY COMMENTARY 1998-99 The Community Services Department is responsible for the maintenance and operation of the City's eight parks. This includes grounds maintenance, facility upkeep, park improvements and capital projects. The Department also administers the City's community recreation program, a portion of which is provided through contracted services with the City of Brea. In addition to the contracted services, the Diamond Bar City staff currently conducts the Tiny Tots program, excursions and Senior Programs. PERSONNEL FULL TIME POSITIONS Deputy City Manager .200 Community Services Director .970 Supt of Parks & Maint .700 Maintenance Worker II .925 Admin Secretary 1.000 Community Svcs Coordinator 1.000 Sub total 6.595 PART TIME POSITIONS Community Services Leader I 1.000 Community Services Leader II 2.000 Parks Maintenance Helper 7.000 Sub total 10.000 Total Positions -78- 16.595 CITY OF DIAMOND BAR DEPARTMENT: Community Svcs ESTIMATED EXPENDITURES 1998-99 Operating Supplies DIVISION: ACCOUNTS: Summary 5314-5350 0 1997-98 City Manager City Council 1,000 Adjusted Budget Recommended Approved PERSONNEL SERVICES $58,000 $0 OPERATING EXPENDITURES 40010 Salaries 192,650 222,100 0 40020 Overtime 1,000 0 0 40030 Wages -Part Time 63,200 98,900 0 40070 City Paid Benefits 4,510 4,450 0 40080 Retirement 31,450 34,300 0 40083 Worker's Comp. Exp. 8,125 8,850 0 40085 Medicare 5,750 12,100 0 40090 Cafeteria Benefits 46,350 47,150 0 TOTAL PERSONNEL SVC $353,035 $427,850 $0 SUPPLIES 41200 Operating Supplies 54,850 57,000 0 41300 Small Tools & Equipment 0 1,000 0 45310 TOTAL SUPPLIES $54,850 $58,000 $0 OPERATING EXPENDITURES Storm Damage - Parks 450 450 42115 Advertising 781 $571,191 0 42125 Telephone 5,120 5,120 0 42126 Utilities 138,375 164,915 0 42130 Equipment Rent 1,450 1,540 0 42140 Rent/Lease-Real Prop 113,858 88,500 0 42200 Equipment Maint. 1,800 1,800 0 42210 Maint-Grounds & Bldg 62,630 66,750 0 42310 Fuel 2,500 3,000 0 42315 Membership & Dues 470 350 0 42320 Publications 100 100 0 42325 Meetings 450 550 0 42330 Travel-Conf & Meetings 3,770 6,000 0 42335 Mileage 450 450 0 42340 Education & Training 1,200 1,900 0 42353 Anniversary Celebration 0 20,000 0 TOTAL OPERATING EXP. $332,954 $360,975 $0 PROFESSIONAL SERVICES 44000 Professional Services 2,000 2,200 0 44100 Commissioner Comp 3,000 3,000 0 44300 Professional Svcs 9,620 15,200 0 TOTAL PROF SVCS $14,620 $20,400 $0 CONTRACT SERVICES 45300 Contract Services 512,241 590,610 0 45305 Concerts in the Park 15,300 17,000 0 45310 Excursions 43,200 50,000 0 45318 Storm Damage - Parks 450 450 0 TOTAL CONTRACT SVCS $571,191 $658,060 $0 CAPITAL OUTLAY 46100 Auto Equipment 1,000 1,000 0 46250 Misc. Equipment 1,330 52,000 0 46410 Capital Improvements 32,500 32,500 0 TOTAL CAPITAL OUTLAY $34,830 $85,500 $0 DEPARTMENTTOTAL $1,361,480 $1,610,785 $0 -79- CITY OF DIAMOND BAR ESTIMATED EXPENDITURES 1998-99 PERSONNEL SERVICES 40010 Salaries 40030 Wages - Part Time 40070 City Paid Benefits 40080 Retirement 40083 Wkr's Comp. Exp. 40085 Medicare / Social Security 40090 Cafeteria Benefits TOTAL PERSONAL SVCS SUPPLIES 41200 Operating Supplies 41300 Small Tools & Equipment TOTAL SUPPLIES OPERATING EXPENDITURES 42115 Advertising 42130 Equipment Rent 42200 Equipment Maint. 42210 Maint-Grounds & Bldg 42310 Fuel 42315 Membership & Dues 42320 Publications 42325 Meetings 42330 Travel-Conf & Mtgs 42335 Mileage 42340 Education & Training TOTAL OPERATING EXP PROFESSIONAL SERVICES 44000 Professional Services 44300 Prof Svcs - Special Studies TOTAL PROF SERVICES CONTRACT SERVICES 45318 Storm Damage - Parks TOTAL CONTRACT SERVICES CAPITAL OUTLAY 46100 Auto Equipment 46250 Misc. Equipment TOTAL CAPITAL OUTLAY DEPARTMENT: Community Svcs DIVISION: ParkAdmin. ACCOUNT #: 5310` 1997-98 City Manager City Council Adjusted Budget Recommended Approved 1,800 1,800 99,400 120,500 2,500 58,650 1,450 1,650 13,950 16,300 3,975 5,250 1,450 6,250 16,150 17,700 $136,375 $226,300 $0 6,750 8,000 0 1,000 0 $6,750 $9,000 $0 781 1,450 1,540 1,800 1,800 450 450 2,500 3,000 470 350 100 100 100 3,770 6,000 450 450 800 1,500 $12,571 $15,290 $0 2,000 2,200 2,120 2,200 0 $4,120 $4,400 $0 450 450 $450 $450 $0 1,000 1,000 600 5,000 $1,600 $6,000 $0 DIVISION TOTAL $161,866 $261,440 $0 -80- CITY OF DIAMOND BAR DEPARTMENT: Conmuniity Svcs ESTIMATED EXPENDITURES IACCOUNT#*. DNL*AON:L Grow Park 1998-99 831 1997-98 City Manager City Council Adjusted Budget Recommended Approved OPERATING EXPENDITURES 42126 Utilities 12,600 10,000 42140 Rental/Lease of Real Property 18,500 42210 Maint-Grounds & Bldg 4,000 5,000 -- TOTAL OPERATING EXP $16,600 $33,500 $0 CONTRACT SERVICES 45300 Com Svcs Contract Svcs 13,450 13,200 TOTAL CONTRACT SVC $13,450 $13,200 $0 DIVISION TOTAL $30,050 $46,700 $0 —81— CITY OF DIAMOND BAR DEPARTMENT: Comity Svcs ESTIMATED EXPENDITURES DIVISIOIII: Heritage Park 1998-99 ACCOUNT #: 5313 1997-98 City Manager City Council Adjusted Budget Recommended Approved OPERATING EXPENDITURES 42125 Telephone 720 720 42126 Utilities 11,275 11,840 42210 Maint-Grounds & Bldg 4,500 4,500 TOTAL OPERATING EXP $16,495 $17,060 $0 CONTRACT SERVICES 45300 Com Svcs Contract Svcs 9,200 9,000 TOTAL CONTRACT SVC $9,200 $9,000 $0 CAPITAL OUTLAY 46250 Misc. Capital Equipment $1,000 TOTAL CAPITAL OUTLAY $0 $1,000 $0 DIVISION TOTAL $25,695 $27,060 $0 —82— CITY OF DIAMOND BAR DEPARTMENT:, Community svgs ESTIMATED EXPENDITURES 800 [DIMON' H Pk Comm Center 1999-99 14,700 jACCOUNT #: 5314 5,000 TOTAL OPERATING EXP $21,570 1997-98 City Manager City Council Adjusted Budget Recommended Approved PERSONNEL SERVICES 40010 Salaries 20,250 23,850 40030 Wages - Part Time 25,200 0 40070 City Paid Benefits 510 550 40080 Retirement 2,850 3,250 40083 Worker's Comp Expense 2,100 2,400 40085 Medicare Expense 2,250 3,550 40090 Cafeteria 5,850 5,850 TOTAL PERSONNEL SERVICES $59,010 $39,450 $0 SUPPLIES 41200 Operating Supplies 3,500 4,000 TOTAL SUPPLIES $3,500 $4,000 $0 OPERATING EXPENDITURES 42125 Telephone 800 800 42126 Utilities 14,000 14,700 42210 Maint-Grounds & Bldg 6,770 5,000 TOTAL OPERATING EXP $21,570 $20,500 $0 CAPITAL OUTLAY 46250 Misc. Capital Equipment TOTAL CAPITAL OUTLAY DIVISION TOTAL 230 $230 $0 $0 $84,310 $63,950 $0 -83- CITY OF DIAMOND BAR DEPARTMENT' Community svgs ESTIMATED EXPENDITURES DMWON: 1ACCOUNT*-5316 Mapleh0i Park 1998-99 1 1997-98 City Manager City Council Adopted Budget Recommended Approved OPERATING EXPENDITURES 42125 Telephone 600 600 42126 Utilities 13,000 13,650 42210 Maint-Grounds & Bldg 3,600 3,600 TOTAL OPERATING EXP $17,200 $17,850 $0 CONTRACT SERVICES 45300 Com Svcs Contract Svcs TOTAL CONTRACT SVC CAPITAL OUTLAY 46410 Capital Improvements TOTAL CAPITAL OUTLAY DIVISION TOTAL 11,000 10,800 $11,000 $10,800 $0 12,500 10,000 $12,500 $10,000 $0 -84- $40,700 $38,650 $0 CITY OF DIAMOND BAR DEPARTMENT: Commn" Svcs ESITKATED EXPENDITURES D'IMON: 1ACCOUNT Pantera Park 1998-99 #: 53 8 1997-98 City Manager City Council Adjusted Budget Recommended Approved OPERATING EXPENDITURES 42125 Telephone 42126 Utilities 6,000 31,500 42210 Maint-Grounds & Bldg 3,000 12,500 TOTAL OPERATING EXP $9,000 $44,000 $0 CONTRACT SERVICES 45300 Com Svcs Contract Svcs 6,000 22,000 TOTAL CONTRACT SERVICES $6,000 $22,000 $0 CAPITAL OUTLAY 46250 Misc Capital Equipment 500 22,000 TOTAL CAPITAL OUT LAY $500 $22,000 $0 DIVISION TOTAL $15,500 —85— $88,000 $0 CITY OF DIAMOND BAR DEPA#tTVENT: COMUMFIity Svcs ESTEWATED EXPENDITURES bNISION: Peterson Park 1998-99 ACCOUNT 8315 OPERATING EXPENDITURES 42125 Telephone 42126 Utilities 42210 Maint-Grounds & Bldg TOTAL OPERATING EXP CONTRACT SERVICES 45300 Com Svcs Contract Svcs TOTAL CONTRACT SVC 1997-98 City Manager City Council Adjusted Budget Recommended Approved 600 600 22,000 22,000 9,200 5,200 $31,800 $27,800 $0 14,700 14,400 $14,700 $14,400 $0 CAPITAL EXPENDITURES 46410 Capital Improvements 0 4,000 TOTAL CAPITAL EXPENDITURES $0 $4,000 $0 DIVISION TOTAL $46,500 $46,200 $0 CITY OF DIAMOND BAR DEPARTMENT: Community Svcs ESTIMATED EXPENDITURES DIVISION: Reagan Park i 1998-99 IACCOUNT 3322 1997-98 City Manager City Council Adjusted Budget Recommended Approved OPERATING EXPENDITURES 42125 Telephone 600 600 42126 Utilities 16,000 16,000 42210 Maint-Grounds & Bldg 5,500 4,500 TOTAL OPERATING EXP $22,100 $21,100 $0 CONTRACT SERVICES 45300 Com Svcs Contract Svcs 12,250 12,000 TOTAL CONTRACT SVC $12,250 $12,000 $0 CAPITAL OUTLAY 46250 Misc Equipment 1,000 46410 Capital Improvement 15,000 18,500 TOTAL CAPITAL OUTLAY 15,000 19,500 0 DIVISION TOTAL $49,350 $52,600 $0 —87— CITY OF DIAMOND BAR DEPARWIENT Community Svcs ESTIMATED EXPENDITURES DIVISION: Stat -shine Parts 1998-99 ACCOUNT* 5325 OPERATING EXPENDITURES 42126 Utilities 42210 Maint-Grounds & Bldg TOTAL OPERATING EXP CONTRACT SERVICES 45300 Com Svcs Contract Svcs TOTAL CONTRACT SVC 1997-98 City Manager City Council Adjusted Budget Recommended Approved 9,000 9,000 1,610 2,000 $10,610 $11,000 $0 6,150 6,000 $6,150 $6,000 $0 CAPITAL EXPENDITURES 46250 Misc. Capital Expenditures 0 1,000 0 TOTAL CAPITAL EXPENDITURES $0 $1,000 $0 DIVISION TOTAL $16,760 $18,000 $0 -88- CITY OF DIAMOND BAR DEPARTMENT Community Svcs ESTIMA'T'ED EXPENDITURES DIVISION: Summitridge Pk 1998-99 ACCOUNT #.: 5328 OPERATING EXPENDITURES 42126 Utilities 42210 Maint-Grounds & Bldg TOTAL OPERATING EXP CONTRACT SERVICES 45300 Com Svcs Contract Svcs TOTAL CONTRACT SVC CAPITAL EXPENDITURES 46410 Capitallmpro'vement 46250 Misc. Capital Equipment DIVISION TOTAL 1997-98 City Manager City Council Adjusted Budget Recommended Approved 22,000 23,100 6,000 6,000 $28,000 $29,100 $0 18,350 18,000 $18,350 $18,000 $0 5,000 0 1,000 0 $5,000 $1,000 $0 $51,350 —89— $48,100 $0 CITY OF DIAMOND BAR DEPARTMENT: Community Svcs ESTIMATED EXPENDITURES DMS10N: Sycamore Park 1998-99 ACCOUNT 4: 5331' I OPERATING EXPENDITURES 42125 Telephone 42126 Utilities 42210 Maint-Grounds & Bldg TOTAL OPERATING EXP CONTRACT SERVICES 45300 Com Svcs Contract Svcs TOTAL CONTRACT SVC CAPITAL OUTLAY 46250 Misc. Equipment TOTAL CAPITAL OUTLAY DIVISION TOTAL 1997-98 City Manager City Council Adjusted Budget Recommended Approved 1,800 1,800 12,500 13,125 18,000 18,000 $32,300 $32,925 $0 30,950 28,200 $30,950 $28,200 $0 1,000 $0 $1,000 $0 $63,250 -90- $62,125 $0 CITY OF DIAMOND BAR DEPARTMENT Comawn4 Svcs ESTIMATED EXPENDITURES DIVISION: Recreation 1998-99 ACCOUNT Xt 5350 SUPPLIES 41200 Operating Supplies 44,600 45,000 TOTAL SUPPLIES $44,600 $45,000 $0 OPERATING EXPENDITURES 42140 Rent/Lease of Prop. 1997-98 City Manager City Council 42325 Meetings Adjusted Budget Recommended Approved PERSONNEL SERVICES - Education R Training 400 40010 Salaries 73,000 77,750 40020 Overtime 1,000 $114,708 40030 Wages -Part Time 38,000 40,250 40070 City Paid Benefits 2,550 2250 40080 Retirement 14,650 14,750 40083 Worker's Comp. Exp. 2,050 1,200 40085 Medicare 2,050 2,300 40090 Cafeteria Benefits 24,350 23,600 TOTAL PERSONNEL SVC $157,650 $162,100 $0 SUPPLIES 41200 Operating Supplies 44,600 45,000 TOTAL SUPPLIES $44,600 $45,000 $0 OPERATING EXPENDITURES 42140 Rent/Lease of Prop. 113,858 70,000 42325 Meetings 450 450 42340 Education R Training 400 400 42353 Anniversary Celebration $448,691 20,000 CAPITAL OUTLAY TOTAL OPERATING EXP $114,708 $90,850 $0 PROFESSIONAL SVCS $0 $0 44100 Commissioner Comp 3,000 3,000 44300 Prof Svcs -Com Svcs 7,500 13,000 TOTAL PROF SVCS $10,500 $16,000 $0 CONTRACT SERVICES 45300 Com Svcs Contract Svcs 390,191 457,010 45305 Concerts in the Park 15,300 17,000 45310 Excursions 43,200 50,000 TOTAL CONTRACT SVC $448,691 $524,010 $0 CAPITAL OUTLAY 46235 Computer Equip -Software $0 $0 46250 Misc Equipment 0 20,000 0 TOTAL CAPITAL OUTLAY $0 $20,000 $0 DIVISION TOTAL $776,149 $857,960 $0 -91- -92- CITY OF DIAMOND BAR Department - Public Works ❑ Public Works ❑ Engineering ❑ Traffic & Transportation ❑ Envir Enhancement Pgm ❑ Landscape Maintenance -93- CITY OF DIAMOND BAR ESTIMATED EXPENDITURES 1998-99 DEPARTMENT.. (DIVISION: ACCOUNT E: Public Works Summary 5510-5558 2,500 0 199748 City Manager City Council $2,500 $0 Adjusted Budget Recommended Approved 5,000 PERSONNEL SERVICES Printing 2,100 2,400 0 40010 Salaries 150,200 189,250 1,100 0 40020 Overtime 10,000 3,000 50,000 0 40030 Wages - Part time 11,200 11,200 600 0 40070 City Paid Benefits 2,250 2,750 300 0 40080 Retirement 21,100 25,550 1,000 0 40083 Worker's Comp Exp. 1,700 1,250 1,300 0 40085 Medicare 3,100 3,700 100 0 40090 Cafeteria Benefits 24,750 28,500 2,250 0 TOTAL PERSONNEL SVCS $224,300 $265,200 500 $0 SUPPLIES 41200 Operating Supplies 2,811 2,500 0 44100 TOTAL SUPPLIES $21811 $2,500 $0 OPERATING EXPENDITURES Pavement Mgt 10,800 5,000 42110 Printing 2,100 2,400 0 42115 Advertising 1,150 1,100 0 42126 Utilities 50,000 50,000 0 42315 Membership & Dues 525 600 0 42320 Publications 300 300 0 42325 Meetings 550 1,000 0 42330 Travel-Conf & Mtgs 950 1,300 0 42335 Mileage & Auto Allow 100 100 0 42340 Education & Training 2,000 2,250 0 42360 Graffiti Reward Program 0 500 0 0 TOTAL OPERATING EXP. $57,675 $59,550 $0 PROFESSIONAL SERVICES 44000 Professional Svcs 65,750 6,000 0 44100 Commissioner Comp 3,000 3,000 0 44230 Pavement Mgt 10,800 5,000 0 44240 Enviromental 25,000 10,000 0 44520 PW Engineering 12,581 0 0 45227 TOTAL PROF SVCS $117,131 $24,000 $0 CONTRACT SERVICES 45221 CS -Engineering 13,294 15,000 0 45222 CS -Traffic 14,214 10,000 0 45223 CS -Plan Check 35,743 110,000 0 45224 CS -Soils 2,500 2,500 0 45226 CS -Surveying 1,500 1,500 0 45227 CS -Inspection 137,054 145,000 0 45500 Contract Services 150,000 0 0 45501 CS -Street Sweeping 115,000 120,000 0 45502 CS -Road Maint 250,500 290,000 0 45503 CS -Pkwy Maint 6,500 6,500 0 45506 CS-Stp/Mk/Sign 50,000 60,000 0 45507 CS -Traffic Signals 104,020 125,000 0 45508 CS -Vegetation Control 56,000 56,000 0 45509 CS -Tree Maintenance 88,703 90,000 0 45510 CS -Tree Watering 23,000 23,000 0 45512 CS -Storm Drainage 12,000 7,000 0 45520 CS -Graffiti Removal 35,000 35,000 0 45521 CS -Litter Abatement 10,100 10,100 0 45522 CS -Right of Way Maint 39,500 40,000 0 45530 Contr Svc -Industrial Waste 12,000 12,000 0 TOTAL CONTRACT SVCS $11156,628 $1,158,600 $0 -94- CITY OF DIAMOND BAR DEPARTMENT: Public works ESTllVIATED EXPENDITURES DItSIO%Es Summary 1998-99 ACCO}; 551 Q-5558 1997-98 City Manager City Council Adjusted Budget Recommended Approved CAPITAL OUTLAY 46200 Office Equipment TOTAL CAPITAL OUTLAY ALLOCATED COSTS Allocated Costs -Redevelopment DEPARTMENT TOTAL —95— $1,000 $1,000 $0 $1,000 $1,000 $0 0 (55,000) 0 $1,559,545 $1,455,850 $0 CITY OF DIAMOND BAR ACTIVITY COMMENTARY 1998-99 -555 The Public Works Department provides information on General Engineering matters relating to City streets, public right-of-ways, City's Capital projects, utilities, traffic related issues, etc. to the general public, contractors, developers, utility companies, and other public agencies. It coordinates City projects and plans with other governmental agencies to ensure that the City's concerns are addressed (i.e. SCAG, LACTC, CalTrans, County of Los Angeles) This department manages and enforces the City's requirements for subdivisions, lot development, utilities, vehicle/pedestrian traffic, and the use of public right-of-way. All plans and projects for proposed development are reviewed and any required reports are prepared for the Planning Commission, Traffic and Transportation Ccnmission, and the City Council. The department is responsible for the City's traffic and transportation activities, grant administration, and the administration of related Capital Projects Funds. The department is also responsible for the day-to-day maintenance of all publically owned properties, including streets, curbs, gutters, sidewalks, traffic signals, signs, street lights, sewers and storm drains. The department administers the maintenance contracts to accomplish the fore mentioned items. PERSONNEL FULL TIME POSITIONS Deputy City Manager .30 Deputy Public Works Director .45 Assistant Civil Engineer 1.00 Dev Svcs Assistant .50 Admin Secretary 1.00 Sub Total 3.25 PART TIME POSITIONS Administrative Assistant .75 Intern 1.00 Total Positions 5.00 -96- PERSONNEL SERVICES 40010 Salaries 40020 Overtime 40030 Wages - Part time 40070 City Paid Benefits 40080 Retirement 40083 Worker's Comp Exp. 40085 Medicare /Social Security 40090 Cafeteria Benefits $123,700 $0 TOTAL PERSONNEL SVCS SUPPLIES 41200 Operating Supplies TOTAL SUPPLIES OPERATING EXPENDITURES 42110 Printing 42115 Advertising 42126 Utilities 42315 Membership & Dues 42320 Publications 42340 Education &Training 2,100 TOTAL OPERATING EXP. PROFESSIONAL SERVICES 78,300 83,350 10,000 3,000 11,200 11,200 1,000 1,100 11,000 11,250 900 600 2,000 2,100 11,100 11,100 $125,500 $123,700 $0 2,811 2,500 $2,811 $2,500 $0 1,200 2,000 800 1,000 50,000 50,000 225 250 300 300 1,000 11500 _ $53,525 $55,050 $0 44000 Professional Services 750 1,000 44230 Pavement Management 10,800 5,000 44240 Environmental 25,000 10,000 44520 PW Engineering 12,581 0 12,000 TOTAL PROFESSIONAL SVCS. 49,131 16,000 0 CONTRACT SERVICES 45221 Contract Svcs - Engineering 45227 Contract Svcs - Inspections 45501 Contract Svcs - Street Sweeping 45502 Contract Svcs - Road Maintenance 45506 Contract Svcs - Marking/Sign Maint. 45507 Contract Svcs - Traffic Signals 45512 Contract Svcs - Storm Drainage 45522 Contract Svcs - Right of Way Maint 45530 Contract Svcs - Industrial Waste TOTAL CONTRACT SVCS CAPITAL OUTLAY 46200 Office Equipment TOTAL CAPITAL OUTLAY ALLOCATED COSTS Allocated Costs -Redevelopment 9,294 5,000 127,054 135,000 115,000 120,000 250,500 290,000 50,000 60,000 104,020 125,000 12,000 7,000 39,500 40,000 12,000 12,000 $719,368 $794,000 $0 $1,000 $1,000 $1,000 $1,000 $0 ($55,000) DIVISION TOTAL $951,335 $937,250 $0 -97- CITY OF DIAMOND BAR JM. d�i`Y.`Y a:':;` ;4;;`� y:?.,,;,;;>a:;ca,.+'+:n:';'•":'.:: ..c'Kjc:'53.;:1 ESTIMATED EXPENDITURES 1998-99 Printing 1997-98 City Manager City Council 0 Adjusted Budget Recommended Approved PERSONNEL SERVICES 250 40010 Salaries 45,600 74,100 40070 City Paid Benefits 700 1,100 40080 Retirement 6,400 10,000 40083 Worker's Comp Exp. 500 450 40085 Medicare 700 1,100 40090 Cafeteria Benefits 7,800 11,550 TOTAL PERSONNEL SVCS $61,700 $98,300 $0 OPERATING EXPENDITURES 42110 Printing 500 0 42115 Advertising 250 0 42315 Membership & Dues 200 250 42325 Meetings 80 500 42330 Travel - Conterences & Meetings 800 800 42335 Mileage 100 100 42340 Education & Training 1,000 750 $118,373 TOTAL OPERATING EXP. $2,930 $2,400 $0 CONTRACT SERVICES 45221 Cont Svc -Engineering 4,000 10,000 45223 Cont Svc -Plan Check 35,743 110,000 45224 Cont Svc -Soils 2,500 2,500 45226 Cont Svc -Surveying 1,500 1,500 45227 CS -Inspection 10,000 10,000 TOTAL CONTRACT SVCS $53,743 $134,000 $0 DIVISION TOTAL $118,373 $234,700 $0 -98- CITY OF DIAMOND BAR?:;° ESTIMATED EXPENDITURES 1998-99 400 400 1997-98 City Manager City Council 100 Adjusted Budget Recommended Approved PERSONNEL SERVICES 100 100 40010 Salaries 26,300 31,800 40020 Overtime 42330 Travel -Conferences 40070 City Paid Benefits 550 550 40080 Retirement 3,700 4,300 40083 Worker's Comp Exp. 300 200 40085 Medicare 400 500 40090 Cafeteria Benefits 5,850 5,850 TOTAL PERSONNEL SVCS $37,100 $43,200 $0 OPERATING. EXPENDITURES 42110 Printing 400 400 42115 Advertising 100 100 42315 Membership & Dues 100 100 42325 Meetings 470 500 42330 Travel -Conferences 150 500 TOTAL OPERATING EXP. $1,220 $1,600 $0 PROFESSIONAL SERVICES 44000 Professional Svcs 15,000 5,000 44100 Commissioner Comp 3,000 3,000 TOTAL PROF SVCS $18,000 $8,000 $0 CONTRACT SERVICES 45222 Cont Svc -Traffic 14,214 10,000 TOTAL CONTRACT SVCS $14,214 $10,000 $0 DIVISION TOTAL $70,534 $62,800 $0 -99- CITY OF DIAMOND BAR DEPM ENY. Public works ESTIMATED EXPENDITURES Env Enhancemnt 1998-99 AGtiUhl' SM Envrironmental Enhancement Program - Landscaping and urban forestry of areas along Routes 57 between Brea Canyon cutoff undercrossing and Golden Springs Road and along Route 60 between 1997-98 City Manager City Council Adjusted Budget Recommended Approved Professional Services 44500 Professional Svcs 50,000 Contract Services 45500 Contract Services 150,000 DEPARTMENT TOTAL $200,000 $0 $0 -100- CITY OF DIAMOND BAR ESTIMATED EXPENDITURES 1998-9 OPERATING EXPENDITURES 42360 Graffiti Reward Program CONTRACT SERVICES 45503 CS -Pkwy Maint 45508 CS -Vegetation Cntrl 45509 CS -Tree Maintenance 45510 CS -Tree Watering 45520 CS -Graffiti Removal 45521 CS -Litter Abatement $220,600 $0 TOTAL CONTRACT SVCS 1997-98 City Manager City Council Adjusted Budget Recommended Approved 500 0 6,500 6,500 56,000 56,000 88,703 90,000 23,000 23,000 35,000 35,000 10,100 10,100 $219,303 $220,600 $0 DEPARTMENT TOTAL $219,303 $221,100 $0 -101- -102- CITY OF DIAMOND BAR Department - Transfers Out ❑ Transfers Out -103- CITY OF DIAMOND BAR ACTIVITY COMMENTARY 1998-99 VISION TITLE: TRANSFERS OUT DIVISION NO. 9915 Interfund transfers from the General Fund to other funds for Fiscal Year 98-99 consist of transfers to the Community Organization Support Fund, Self Insurance Fund and the Capital Projects Fund. During fiscal year 1997-98, the City Council created a new Community Organization Support Fund. Monies transferred to this fund are as a result of City Council compensation which has been foregone and is to be contributed to various community organizations as prescribed by the City Council. The transfers to the Self Insurance Fund includes the budgeted amount for the City's general liability insurance premiums. The transfer to the Capital Improvement Fund includes money for the design of a Civic Center and the repair of landslides located in Sycamore Canyon Park. 104 CITY OF DIAMOND BAR DEPARTMENT: Transfer out ESTIMATED EXPENDITURES DMMON: Transfer Out 1999-99 ACCOUNT #d. 9915 1997-98 City Myr. City Council Adjusted Budget Recommended Approved OPERATING TRANSFERS OUT 49010 Transfer out -Library Fund 50,000 49011 Transfer out -Com Orgnztn Fund 8,719 15,100 49250 Transfer out-CIP Fd 350,000 180,000 49510 Transfer out -Ins Fd 267,500 160,000 DEPARTMENT TOTAL $676,219 $355,100 $0 CAPITAL PROJECTS INCLUDE. 10899 Sycamore Cyn Landslides Repair 80,000 Civic Center Design 100,000 $180,000 105 106 SPECIAL FUNDS BUDGETS 107 CITY OF DIAMOND BAR FUND TYPE: General Fund SPECIAL FUNDS BUDGET FUNCTION: Library: Services 1998-99 FUND* 010 LIBRARY SERVICES FUND FUND DESCRIPTION: This fund was established in Fiscal Year 95-96 to account for revenues and expenditures related to the possibility that the City would supplement the LA County Public Library funding. In FY95-96 the City implemented a computer system in which the City has provided furniture, computers, printer, and modem access. This budget reflects the continuance of this program. The Contract Svcs line item will provide funding for refurbishment of the Library facility. FY97-98 City Manager City Council Adjusted Budget Recommended Approved ESTWATED RESOURCES: 36100 Interest Revenue 6,000 6,000 39001 Transfer -in Gen Fund 50,000 0 25500 Fund Balance Reserve 108,716 101,676 TOTAL $164,716 $107,676 $0 APPROPRIATIONS: 40010 Salaries 3,550 4,010 40070 City Paid Benefits 100 100 40080 Retirement 500 550 40083 Worker's Comp Exp 50 50 40085 Medicare 60 60 40090 Cafeteria Benefits 780 780 42125 Telephone 1,000 1,000 42205 Computer Maintenance 3,000 3,000 45300 Contr Svcs - Library 138,500 46230 Computer Equip -Hardware 3,000 5,000 46235 Computer Equip -Software 1,000 3,000 25500 Fund Balance Reserve 13,176 90,126 TOTAL $164,716 $107,676 $0 108 CITY OF DIAMOND BAR FUND'TYPE General Fund SPECIAL FUNDS BUDGET FUNCTION: Com Org Support 1998-99 FUND #: 010 COMMUNITY ORGANIZATION SUPPORT FUND FUND DESCRIPTION: This fund was established in Fiscal Year 97-98 to account for transfers and expenditures related to the City Council's policy to support various non profit community organizations which are of a benefit to the City's residents. The source of revenue for this fund is from the forebearance by City Council members of salaries and benefits which would normally be paid or provided to them for serving on the City Council. The City Council as a whole, decides how these funds are to be distributed. FY97-98 City Manager City Council Adjusted Budget Recommended Approved ESTIMATED RESOURCES: 39001 Transfer4n Gen Fund 8,719 15,100 25500 Fund Balance Reserve TOTAL $8,719 $15,100 $0 APPROPRIATIONS: 42355 Contributions- Com Groups 8,719 15,100 TOTAL $8,719 $15,100 $0 109 110 SPECIAL REVENUE FUNDS 111 CITY OF DIAMOND BAR FUNQ TYPE: Special Revenue SPECIAL FUNDS BUDGET FUNCTION: Str Wint/Const 1998-99 FUND So 111 GAS TAX FUND FUND DESCRIPTION: The City receives funds from Sections 2105, 2106, 2107, and 2107.5 of the Streets and Highway Code. State law requires that these revenues be recorded in a Special Revenue Fund, and that they be utilized solely for street -related purposes such as new construction, rehabilitation, or maintenance. 112 1997-98 City Manager City Council Adjusted Budget Recommended Approved ESTI1AATED RESOURCES: 25500 Approp. Fund Balance $2,586,641 2,236,040 31710 Gas Tax - 2106 220,600 206,600 31720 Gas Tax - 2107 435,700 435,700 31730 Gas Tax - 2107.5 7,500 7,500 31705 Gas Tax - 2105 314,700 314,700 36100 Interest Revenue 140,000 145,000 TOTAL $3,705,141 $3,345,540 $0 APPROPRIATIONS: 9915-49001 Trans out - Gen Fund 656,750 708,600 9915-49250 Trans out - CIP Fund 2,397,948 2,212,500 25500 Reserves 650,443 424,440 TOTAL $3,705,141 $3,345,540 $0 112 CITY OF DIAMOND BAR FUND TYIPIE: Special' Revenue SPECIAL FUNDS BUDGET FUNCTION:' Str MaintlGonst 1998-99 FUNp 111 GAS TAX FUND CAPITAL PROJECTS INCLUDE.- Various NCLUDE: Various Street & Signal Improvements Carry over from FY97-98: 12099 Meadowglen - Seepage 12199 Ambushers St. - Seepage 12299 Chinook - Seepage Study FY97-98 Projects 01499 Slurry Seal - #1 Area 1 -Residential Street Improvements 13099 Sidewalk Improv. - Area 1 Brea Cyn Glenbrook Brea Cyn Diamond Crest Lane Brea Cyn Q Silver Bullet Diamond Bar Bid C 57 NB Lemon C Lycoming Gldn Springs @ Rapidview City Wide School Safety/Traffic Improvements TRANSFER TO GENERAL FUND: Utilities $50,000 PW -Engineering (contract svcs) 5,000 Street Sweeping 120,000 Road Maint 290,000 Right of Way Maint 40,000 Strping/Sig ning 60,000 Storm Damage 7,000 Traffic Signals 125,000 T & T - Operating Ex 1,600 T & T - Traffic 10,000 $708,600 113 500,000 200,000 50,000 $750,000 340,000 310,000 50,000 130,000 72,500 130,000 130,000 130,000 70,000 100,000 $1,462,500 $2,212,500 FUND DESCRIPTION: The City receives Proposition A Tax which is a voter approved sales tax override for public transportation purposes. This fund has been established to account for these revenues and approved project expenditures. APPROPRIATIONS: 4090-47230 Contributions -Other Govts 385,000 FY97-98 City Manager City Council 1,760 35,100 Adjusted Budget Recommended Approved ESTIIINATED RESERVES: 40070 City Paid Benefits 50 25500 Fund Balance Reserve $1,755,284 1,493,700 31310 Local Trans Tx-Prp A 630,150 630,150 36100 Interest Revenue 80,000 90,000 34850 Transit Subsidy Prg Revenue 378,000 285,000 5360-45315 CS -Holiday Shuttle TOTAL $2,843,434 $2,498,850 $0 APPROPRIATIONS: 4090-47230 Contributions -Other Govts 385,000 Admin Asst 40010 Salaries 1,760 35,100 40030 Wages -Part Time 11,980 0 40070 City Paid Benefits 50 900 40080 Benefits 250 4,750 40083 Worker's Comp Expense 150 250 40085 Medicare Expense 950 510 40090 Cafeteria Benefits 380 9,300 5360-45310 CS-Exursions 32,000 37,000 5360-45315 CS -Holiday Shuttle 5,000 25,000 5553-42315 Membership S Dues 7,500 7,500 5553-45527 Bus Bench Maintenance 8,700 3,500 5553-45528 Public Transit Svcs. 4,000 4,000 5553-45529 Para -Transit Svcs. -Dial a Cab 240,000 302,000 5553-45553 Transit Subsidy Program 73,020 115,000 5553-45535 Transit Subsidy - Fares 378,000 285,000 5553-46220 Office Furniture (Tmst Subsidy) 1,000 9915-49250 Trans out - CIP Fund 100,000 100,000 25500 Fund Balance Reserve 1,593,694 1,569,040 TOTAL $2,843,434 $2,498,850 $0 CAPITAL PROJECTS INCLUDE. 13198 Gldn Spgs-BCR-Wstrly CLmt 50,000 13298 Gldn Spgs-Grand to Torito 50,000 100,000 PERSONNEL: Full Time: Asst to City Mgr 0.10 Admin Asst 0.10 Admin Secretary 0.05 Transportation Clerk 1.00 Total Positions 1,25 114 FUND DESCRIPTION: The City periodically receives additional allocations of State Gas Tax funds from Los Angeles County. These funds must be used for street -related purposes such as construction, rehabilitation, or maintenance. In order to receive these funds the City must submit a project to the County for approval. CAPITAL PROJECTS INCLUDE: 13199 Gldn Spgs-BCR to Wstrly City Limits 730,000 13299 Gldn Spgs-Grand to Torito Ln 300,000 12699 Gldn Spgs C Racquet Club Dr. 130,000 $1,160,000 115 1997-98 City Manager City Council Adjusted Budget Recommended Approved ES7INATED RESOURCES: 25500 Fund Balance Reserve $2,042,499 $1,213,800 31320 Transportation Tax 526,600 526,600 36100 Interest Revenue 80,000 85,000 TOTAL $2,649,099 $1,825,400 $0 APPROPRIATIONS: 9915-49001 Trans out - Gen Fund 10,800 5,000 9915-49250 Trans out - CIP Fund 1,530,000 1,160,000 25500 Fund Balance Reserve 591,637 660,400 TOTAL $2,132,437 $1,825,400 $0 CAPITAL PROJECTS INCLUDE: 13199 Gldn Spgs-BCR to Wstrly City Limits 730,000 13299 Gldn Spgs-Grand to Torito Ln 300,000 12699 Gldn Spgs C Racquet Club Dr. 130,000 $1,160,000 115 (ISTEA FUND) FUND DESCRIPTION: The 1991 Intermodal Surface Transportation Efficiency Act is a federal act which allocates resources to local agencies for the improvement of streets and roadways. The City receives their apportionment vi Cal Trans. These funds are held in trust for the City by Cal Trans until qualified projects have been identified. As a result, the esitmated revenue listed includes prior years' apportionments. ESTIMATED RESOURCES: 31840 ISTEA Revenue 36100 Interest Revenue TOTAL APPROPRIATIONS: 9915-49250 Trans out - CIP Fund 25500 Reserves TOTAL CAPITAL PROJECTS INCLUDE: 13298 Gldn Springs -Grand to Torito FY97-98 City Manager City) Council Adjusted Budget Recommended Approved 116 1,000,000 600,000 $1,000,000 $600,000 $0 1,000,000 600,000 $1,000,000 $600,000 $0 600,000 600,000 CITY OF DIAMOND BAR FUND TYPE: Special Revenue_ SPECIAL FUNDS BUDGET FUNCTION: Waste Mgt 1998-99 FUND #: 115 INTEGRATED WASTE MANAGEMENT FUND FUND DESCRIPTION: The Integrated Waste Management Fund was created during FY 90-91, to account for expenditures and revenues related to the activities involved with the City's efforts to comply with AB939. Revenues recorded in this fund are the adopted waste hauler fees. Revenues recorded in this fund also include funds received from the State for Used Oil Recycling educational purposes. 1997-98 City Manager City Council Adjusted Budget Recommended Approved ESTIMATED RESOURCES: 25500 Reserve Fund Balance ' $141,274 126,600 31870 Used Motor Oil Block Grant 17,360 17,000 34820 AB939 Admin Fees 65,500 80,000 36100 Interest Revenue 5,000 7,000 4,000 TOTAL $229,134 $230,600 $0 APPROPRIATIONS: 40010 Salaries 40070 City Paid Benefits 40080 Benefits 40083 Wkr's Comp Exp. 40085 Medicare Exp. 40090 Cafeteria Benefits 5515-41200 Operating Supplies 5515-41400 Promotional Items 5515-42110 Printing 5515-42115 Advertising 5515-42130 Rental/Lease-Equipment 42315 Membership 8 Dues 5515-42320 Publications 5515-42325 Meetings 5515-42330 Travel-Conf & Mtgs 551542340 Education 8 Training 5515-42355 Contributions -Incentives Pgm 5515-44000 Prof Svcs 5515-45500 Contract Services 25500 Reserve Fund Balance TOTAL PERSONNEL: Full Time: Deputy Public Works Dir. Admin. Secretary Total Positions $26,700 26,700 350 400 3,750 3,650 270 200 400 400 3,900 3,900 1,270 1,500 6,000 6,000 4,000 4,000 1,500 1,500 1,000 1,000 100 100 100 100 600 500 500 500 500 500 2,500 2,500 4,000 4,000 45,112 40,000 126,582 133,150 $229,134 $230,600 $0 117 .25 .25 .50 CITY OF DIAMOND BAR IFUND TYPE: special Revenue SPECIAL FUNDS BUDGET FUNCTION Str WinbConsf 1998-99 FUND #: 116 State & Local Transportation Partnership Pgm Fund FUND DESCRIPTION: The State -Local Transportation Partnership Program (SLTPP) was implemented in 1989 to encourage local agencies to fund and construct transportation improvement projects both on and off the State Highway System. SLTPP projects are nominated by local agencies and placed on a statewide list. This Fiscal Year it is anticipated that the SLTPP will help to fund the Diamond Bar Blvd Rehabilitation project. ESTIMATED RESOURCES: 31860 SLTPP Revenue TOTAL APPROPRIATIONS: 9915-49250 Transfer Out - CIP Fund 25500 Fund Balance Reserve TOTAL CAPITAL PROJECTS INCLUDE. FY97-98 City Manager City Council Adjusted Budget Recommended Approved 118 42,500 0 $42,500 $0 $0 42,500 0 $42,500 $0 $0 CITY OF DIAMOND BAR FUND TYPE: Special Revenue SPECIAL FUNDS BUDGET FUNCTION: Air Quality; 1997-98 FUND #: 118 AIR QUALITY IMPROVEMENT FUND FUND DESCRIPTION: This fund was established in FY 1991-92 to account for revenues received as a result of AB2766. AB 2766 authorizes the imposition of an additional motor vehicle registration fee to fund the implementation of air quality management plans and provisions of the California Clean Air Act of 1988. Included within this year's budget are funds for the implementation of the air quality improvement element and funding for the City on Line program. ESTIMATED RESOURCES: 25500 Approp. Fund Balance 31810 Pollution Reduc Fees 36100 Interest Revenue TOTAL APPROPRIATIONS: 40010 Salaries 40070 City Paid Benefits 40080 Benefits 40083 Wkr's Comp Exp 40085 Medicare 40090 Cafeteria Benefits 4098-42125 Telephone 4098-42205 Computer Maint 4098-42315 Membership & Dues 4098-42320 Publications 4098-42340 Education & Training 4098-44000 Professional Svcs 4098-45000 Contract Svcs 4098-46220 Office Equipment -Furniture 4098-46230 Computer Equipment-Hdware 4098-46235 Computer Equipment-Softwar 4098-46310 Building Improvements 25500 Approp. Fund Balance TOTAL 1996-97 City Manager City Council Adjusted Budget Recommended Approved $116,004 108,000 45,000 45,000 7,500 7,500 $168,504 $160,500 $0 $22,000 27,250 350 450 3,100 3,700 220 200 350 400 3,900 4,700 3,000 5,000 1,000 1,000 7,000 7,000 100 1,000 5,639 5,000 6,800 6,000 300 3,000 5,000 2,745 27,000 2,000 108,000 65,800 $168,504 $160,500 $0 Note: Computer Equipment -Software is to potentially fund an Automated Citizen's Information System pending project approval from the AQMD PERSONNEL: Asst to City Mgr 0.25 MIS Assistant 0.25 0.50 119 CITY OF DIAMOND BAR FUND TYPE: Special Revenue SPECIAL FUNDS BUDGET FUNCTION-.: Street(Paths>Imp 1998-99 FUND: 13 9 SB 821 FUND FUND DESCRIPflON. The state allocates funds to cities for the specific purpose of the construction of bike and pedestrian paths via WWI. This fund has been established to account for transactions related to the receipt and expenditure of these funds. ESTIMATED RESOURCES: 31810 SB 821 Revenue 36100 Interest Revenue 25500 CIP Reserve TOTAL APPROPRIATIONS: Trans out -Grand Ave 9915-49250 Trans out-CIP Fd 25500 CIP Reserve TOTAL 120 1997-98 City Manager City Council Adjusted Budget Recommended Approved 22,950 22,500 11,375 34,325 $34,325 $56,825 $0 34,325 56,825 $34,325 $56,825 $0 CITY OF DIAMOND BAR FUNa TYiPE Special Revenue SPECIAL FUNDS BUDGET FUNCTWN:Park Improverrmnt 1998-99 FUNDMI 122 PARK FEES FUND FUND DESCRIPTION: Within the Subdivision Map Act of the California State Constitution is a requirement that developers either contribute land or pay fees to the local municipal government to provide recreational facilities within the development. This fund is used to account for the fees received. FY 97-98 City Manager City Council Adjusted Budget Recommended Approved ESTIMATED REVENUE: 25500 Approp. Fund Balance $428,929 294,700 34560 Quimby Fees 250,000 250,000 36100 Interest Revenue 20,000 40,000 TOTAL $698,929 $584,700 $0 APPROPRIATIONS: 49250 Transfer Out-CIP Fd 430,000 494,000 25500 Reserves 268,929 90,700 TOTAL $698,929 $584,700 $0 CAPITAL PROJECTS INCLUDE: 10999 Peterson Pk -Fields Drainage 280,000 11299 Lorbeer-Athletic Field Lighting 150,000 Heritage Park ADA Retrofit 35,000 Ronald Reagan Pk ADA Retro 29,000 $494,000 121 CITY OF DIAMOND BAR FUND TYPE; SpecialRevenue SPECIAL FUNDS BUDGET FUNCTION:' Pk &, Fac Dev 1998-99 FUND #: 124 PARK & FACILITY DEVELOPMENT FUND FUND DESCRIPTION: The purpose of this fund is to provide resources for the development and enhancement of the City's parks and facilities. ESTIMATED RESOURCES: 25500 Fund Balance Reserve 36100 Interest Revenue 36630 Sale of Fbced Assets - Land TOTAL APPROPRIATIONS: 991549250 Transfer Out - CIP Fund 25500 Fund Balance Reserve TOTAL CAPITAL PROJECTS INCLUDE: Heritage Park ADA Retrofit Ronald Reagan Pk ADA Retro Pantera Pk -Ball Field Ltg FY97-88 City Manager City Council Adjusted Budget Recommended Approved 122 1,380,000 80,000 1,300,000 $1,300,000 $1,460,000 $0 102,700 1,300,000 1,357,300 $1,300,000 $1,460,000 $0 13,500 39,200 50,000 102,700 CITY OF DIAMOND BAR FUND TYPE: special Revenue SPECIAL FUNDS BUDGET FUNC 1ON Community Dev 1998-99 FUND* 125 COMMUNITY DEVELOPMENT BLOCK GRANT FUND FUND DESCRIPTION: The City receives an annual CDBG allotment from the federal government via the Community Development Commission. The purpose of this grant is to fund approved community development programs and projects benefiting low and moderate income citizens. For FY 98-99, the City has received an allocation of $370,762. This plus a projected carryover of $465,595, gives the City a total available allocation of $836,357. Since only $793,800 is being budgeted at this time, the balance of $42,557 will be carried over to FY99-00 budget. 1997-98 City Manager City Council Adjusted Budget Recommended Approved ESTIMATED RESOURCES: 25500 Approp. Fund Balance 31830 CDBG Revenue $666,060 793,800 36650 Sale of Printed Material 200 TOTAL $666,260 $793,800 $0 APPROPRIATIONS: 5215-40010 Salaries 43,000 40,450 5215-40070 City Paid Benefits 810 750 5215-40080 Retirement 6,020 5,500 5215-40083 Wkes Comp Exp. 430 250 5215-40085 Medicare Exp. 630 600 5215-40090 Cafeteria Benefits 9,150 8,100 5215-41200 Departmental Supplies 3,070 4,800 5215-42115 Advertising 700 700 5215-42120 Postage 50 100 5215-42130 Rental/Lease - Equipment 800 800 5215-42325 Meetings 250 250 5215-42355 Contrbtns-Com Groups 48,500 28,500 5215-44000 Professional Svcs 11,700 8,000 5215-45310 Senior Excursions 4,400 5915-49250 Transfer Out-CIP 539,520 695,000 TOTAL $669,030 _ $793,800 $0 PERSONNEL INCLUDES: Asst to City Mgr Secretary Deputy City Manager CS Coordinator/Seniors CAPITAL PROJECTS INCLUDE. 06799 ADA Ramps-Sch Travel Areas 13799 Swlk Impr-DBB/ClrCrk-StpCyn GS/Gateway Senior Ctr/Community Ctr Heritage Park ADA Retrofit Reagan Pk ADA Retrofit 0.20 0.05 0.05 0.75 1.05 100,000 150,000 250,000 70,000 125,000 123 $695,000 CITY OF DIAMOND BAR FUND TYPE: SpecialRevenue SPECIAL FUNDS BUDGET FUNCnON' Public Safety 1998-99 FEJND #: 126. CITIZENS OPTION FOR PUBLIC SAFETY FUND FUND DESCRIP7 ON: During fiscal year 1996-97, the City received COPS grants from both the state and federal government. The purpose of these funds are to enhance the City's public safety budget and to fund special public safety related projects. FY97-98 City Manager City Council Adjusted Budget Recommended Approved ESTIMATED RESOURCES: 31850 Public Safety Grant - Federal 62,900 62,900 31855 Public Safety Grant - State 130,500 130,500 36100 Interest Revenue 7,000 15,000 25500 Fund Balance Reserve 134,590 252,990 4411-42355 TOTAL $334,990 $461,390 $0 APPROPRIATIONS: 4411-41200 Departmental Supplies 5,000 5,000 4411-42125 Telephone 2,000 4411-42340 Education and Training 43,000 20,000 4411-41400 Promotional Items 12,000 5,000 4411-42355 Contr-Community Grps 5,000 2,000 4411-44000 Professional Services 5,000 0 4411-45401 Contr Svcs -Sheriff 45,000 0 4411-46230 Computer Equipment 14,000 10,000 4411-46250 Misc Equipment 93,000 100,000 9915-49001 Transfer -Out Gen Fund 54,300 120,000 25500 Fund Balance Reserve 58,690 197,390 TOTAL $334,990 $461,390 $0 -124- FUND DESCRIPTION: During fiscal year 1996-97, the City received Narcotics Asset Forfeiture funds from the Federal Govt. It is required that these funds be used to enhance drug and law enforcement activities. FY97-98 City Manager City Council Adjusted Budget Recommended Approved ESTIMATED RESOURCES: 36100 Interest Revenue 18,000 25500 Fund Balance Reserve 303,923 320,000 TOTAL $303,923 $338,000 $0 APPROPRIATIONS: 4411-42361 Criminal Apprehnsn Reward 10,000 10,000 25500 Fund Balance Reserve 293,923 328,000 TOTAL $303,923 $338,000 $0 125 FUND DESCRIPTION: The City is responsible for the operations of the LLAD M. This district was set up in accordance with the Landscape and Lighting Act of 1972. Property owners benefiting from this district receive a special assessment on their property taxes. This fund is to account for the cost of the operations of this special district. It is anticipated that medians on Gona Court will eventually be built with the reserves. 1997-98 City Manager City Council Adjusted Budget Reconwriended Approved ESTIMATED RESOURCES: 25500 Approp. Fund Balance 280,950 338,205 30300 Prop Tx -Sp Assessmnt 260,115 261,525 36100 Interest Revenue 5,000 8,000 TOTAL 546,065 607,730 $0 APPROPRIATIONS: Personal Services 5538-40010 Salaries 6,780 6,970 5538-40070 City Paid Benefits 100 100 5538-40080 Benefits 950 950 5538-40083 WWs Comp Exp. 280 150 5538-40085 Medicare Exp. 100 110 5538-40090 Cafeteria Benefits 1,050 1,050 Total Personal Svcs 9,260 9,330 $0 Operating Expenses 5538-42115 Advertising 700 5538-42126 Utilities 82,000 86,100 5538-42210 Maint-Grounds & Bldg 15,000 15,000 Total Operating Expense 97,000 101,800 0 Professional Services 5538-44000 Professional Svcs 5,800 25,300 Contract Services 5538-45500 Contract Svcs 41,400 50,000 Capital Outlay 5915-46410 Capital Improvements 4,500 5915-49250 Transfer to CIP Fund 54,400 300,000 Total Capital Outlay 54,400 304,500 Fund Balance Reserves 25500 Reserve for future Capital Imp 100,000 25500 Reserves 333,205 16,800 Total Fund Bal Reserves 333,205 116,800 0 TOTAL 541,065 607,730 0 PERSONNEL INCLUDES: Community Services Director 0.010 Supt. - Parks & Maintenance 0.100 Maintenance Worker II 0.025 0.135 CAPITAL PROJECTS INCLUDE: 13198 Gldn Spgs-Medians 300,000 300,000 126 FUND DESCRIPTION: The City is responsible for the operations of the LLAD #39. This district was set up in accordance with the Landscape and Lighting Act of 1972. Property owners benefiting from this district receive a special assessment on their property taxes. This fund is to account for the cost of the operations of this special district. 1997.98 City Manager City Council Adjusted Budget Recommended Approved ESTIMATED RESOURCES: 25500 Reserve Fund Balance 79,500 83,600 30300 Prop Tx -Sp Assessmdt 165,360 164,970 36100 Interest 600 2,500 TOTAL 245,460 251,070 0 Personal Services 5539-40010 Salaries 5539-40070 City Paid Benefits 5539-40080 Benefits 5539-40083 Wkes Comp Exp. 5539-40085 Medicare Exp. 5539-40090 Cafeteria Benefits 9,330 0 Total Personal Svcs Operating Expenses 5539-42115 Advertising 553942126 Utilities 5539-42210 Maint-Grounds & Bldg 6,200 Total Operating Expense Professional Services 553944000 Professional Svcs Contract Services 5539-45500 Contract Svcs Capital Outlay 553946410 Capital Improvements Fund Balance Reserves 25500 Reserve Fund Balance TOTAL 6,780 6,970 100 100 950 950 280 150 100 110 1,050 1,050 _ 9,260 9,330 0 700 55,000 57,750 15,000 15,000 70,000 73,450 0 6,200 6,200 74,400 74,400 2,000 2,000 127 83,600 85,690 245,460 251,070 0 128 FUND DESCRIPTION: The City is responsible for the operations of LLAD $41. This district was set up in accordance with the Landscape and Lighting Act of 1972. Property owners benefiting from this district receive a special assessment on their property taxes. This fund is to account for the cost of the operations of this special fund. ESTIMATED RESOURCES. 25500 Approp. Fund Balance 30300 Prop Tx -Sp Assessmnt 36100 Interest Revenue TOTAL APPROPRIATIONS: Personal Services 5541-40010 Salaries 5541-40070 City Paid Benefits 5541-40080 Benefits 5541-40083 Worker's Comp. Exp. 5541-40085 Medicare Exp. 5541-40090 Cafeteria Benefits 365,794 0 Total Personal Svcs. Operating Expenses 5541-42115 Advertising 5541-42126 Utilities 5541-42210 Maint-Grounds & Bldg Total Operating Expense Professional Services 5541-44000 Professional Svcs Contract Services 5541-45500 Contract Svcs 5541-45519 Weed/PestAbatement Total Contract Services Capital Outlay 1997-98 City Manager City Council Adjusted Budget Recommended Approved 238,496 233,637 124,141 122,157 10,000 10,000 372,637 365,794 0 6,780 6,970 100 100 950 950 280 150 100 110 1,050 1,050 9,260 9,330 0 365,794 0 . 700 60,000 63,000 10,000 10,000 70,000 73,700 0 7,340 7,340 35,400 36,100 15,000 15,000 _ 50,400 51,100 0 5541-46410 Capital Improvements 2,000 2,000 Total CapW Nnprovements 2,000 2,000 0 Fund Balance Reserves 25500 Reserve Fund Balance 233,637 222,324 TOTAL 372,637 365,794 0 PERSONNEL INCLUDES: Community Services Director 0.010 Supt. - Parks and Maintenance 0.100 Maintenance Worker II 0.025 0.135 129 130 CAPITAL PROJECTS FUNDS 131 0 0 0 0 0 M 0o 00 0o 00 LnLO 0 0 0 N r 00 O C 00 r- M V L E a Za 2.E a O a CO n� T �cnv U � coo gc c 7 a E L a U'0052QUmm� aso�oa,�o,o,a� MM �'NNNM r r O r r r r r .F CL e E 0 CL 0 00 lf� O O tf f00 M r 000000 00000 O 0 0 0 0 0 0 O 0 1 n 0 0 0 0 O O N O O O O O Mf-_MMC91-- O 0 0 0 0 0 0 0 0 0 0 0000000000 0000000000 r r r r r r r r r r a E , C a cr E a c O Y 0t `c 0 ,0 2, oc,z�� m V1 W E a J n $ m Coale v 1523- V V �_ H o � w°�,c�3mmmo m�m� C O U o, IE <o N r 132 0 0 0 0 0 0 0 0 0 c o r c 0 0 c LL o c o E 4) m D J 06 f0 C a E C O a O E co r H C l0 n o ci o. o E v o c 0 10 o o 0 0 c 0 N O O Ae N O O co M N L is U C � T o E a' o '00 o C Y n m as m m:@ O OE Z o0 N Z a v c U o d O1 w C9 m o o ca LL C 7 C07 y LL 0 0 c - a 4 t> O 0 a S C O C E v o E >U-. a � C E > � E -o O m c Ci 13 U Z. d c0 y _ v 'n -Q ►®- o �o c e 0 k. vI O J 0 H � U W 40 O O O O O o a. OO O L �tnN M Z �- C0 ZLU c ::: •c O V o>� 0 co LL O Q CL 00000000000 U — o00000 0 LO oC Q (3)c�iu) o -4 act Cl) r Q U >�x V L E a Za 2.E a O a CO n� T �cnv U � coo gc c 7 a E L a U'0052QUmm� aso�oa,�o,o,a� MM �'NNNM r r O r r r r r .F CL e E 0 CL 0 00 lf� O O tf f00 M r 000000 00000 O 0 0 0 0 0 0 O 0 1 n 0 0 0 0 O O N O O O O O Mf-_MMC91-- O 0 0 0 0 0 0 0 0 0 0 0000000000 0000000000 r r r r r r r r r r a E , C a cr E a c O Y 0t `c 0 ,0 2, oc,z�� m V1 W E a J n $ m Coale v 1523- V V �_ H o � w°�,c�3mmmo m�m� C O U o, IE <o N r 132 0 0 0 0 0 0 0 0 0 c o r c 0 0 c LL o c o E 4) m D J 06 f0 C a E C O a O E co r H C l0 n o ci o. o E v o c 0 10 o o 0 0 c 0 N O O Ae N O O co M N L is U C � T o E a' o '00 o C Y n m as m m:@ O OE Z o0 N Z a v c U o d O1 w C9 m o o ca LL C 7 C07 y LL 0 0 c - a 4 t> O 0 a S C O C E v o E >U-. a � C E > � E -o O m c Ci 13 U Z. d c0 y _ v 'n -Q ►®- o �o c e 0 m c O Q LL O SS (n N M(D �M 0080 gSo 0 00 O C tA O 00 Ln M N N + O O o O O Og� c C o aC �N W O ((OnC r r r r N (f J V W ; 0 o o c o c a N LLI 0 UJ >- Ct o0 o a 0 0 LL 0 0 O o CL >< � 0000000 0000000 0 000a c00000 00 0 (n N O h 0 0 0 0 0 0 ..J 0o0WM0- aoW0r0(nt, 000000 OLf) (nOLDLn Nrrr CO r rrN(O t d o S2 a U �a a a r n Q ct � w cn V y gt �Qx C cLL� aLL 0 0 > v E Q L a E E E 0 C 0 c n 0 a c 00 E AS 8 �. i1 0 O 40 �ma�=Wa U •- b W 7272 .� m 0xu)(nU(n C �CD cr)o =8666 8 c o a o o N i5.-�r m per 153 a FUND DESCRIPTION: During FY 89-90, the City entered into an agreement with the County of San Bernardino to settle it's Grand Ave. litigation. This agreement state that the County would provide the City with funds for improvements which are relevant to the Grand Ave. opening. The agreement state that these funds were to be held in a special fund and expenditures for improvements were to be made from this fund. This fund was established to record these activities. ESTIMATED RESOURCES: 25500 Approp Fund Balance 39111 Transfer in -Gas Tax 39119 Transfer in -Bike Trails/Path TOTAL 1997-98 City Manager Ctiy Council Adjusted Budget Recommended Approved $139,131 139,131 $139,131 $139,131 $0 APPROPRIATIONS: 5510-46411 Street Improvements 551046412 Traffic Control Improvements 991549001 Transfer to Gen Fd 25500 CIP Reserve 139,131 139,131 TOTAL $139,131 $139,131 $0 134 CITY OF DIAMOND BAR FUND TYPE: Capel Project. SPECIAL FUNDS BUDGET FUNCTION: `: Capital Project 1998-99 FUND g; 250 CAPITAL IMPROVEMENT PROJECTS FUND FUND DESCRIPTION: This fund was created to account for the City capital improvement projects which are not required to be accounted for in independent funds. The revenues in this fund will generally come from transfers -in from other funds and have been identified for specific capital projects. APPROPRIATIONS: 5510-46411 Street Improvements 4,226,890 1997-98 City Manager City Council 630,245 1,140,000 Adjusted Budget Recommended Approved ESTIMATED RESOURCES: 5510-46416 Landscape & Irr Imp 149,190 25500 CIP Reserve 245,387 154,152 34550 Developer Fees 35,000 237,500 39001 Transfer in -Gen Fd 350,000 180,000 39111 Transfer in -Gas Tx 2,359,200 2,212,500 39112 Transfer in-Prp A Transit 100,000 100,000 39113 Transfer in -Prop C 1,530,000 1,160,000 39114 Transfer in-ISTEA 1,000,000 600,000 39116 Transfer in-SLTPP 42,500 0 39122 Transfer in -Pk Fees 430,000 494,000 39123 Transfer in-Prp A Pks 2,056,000 0 39124 Transfer in -Park Development Fd 0 102,700 39125 Transfer in-CDBG 539,520 695,000 39138 Transfer in -District #38 50,000 300,000 TOTAL $8,737,607 $6,235,852 $0 APPROPRIATIONS: 5510-46411 Street Improvements 4,226,890 3,550,000 5510-46412 Traffic Control Imp 630,245 1,140,000 5310-46415 Park & Rec Imprmts 2,996,000 871,700 5510-46416 Landscape & Irr Imp 149,190 5215-46420 Misc. Capital Improvements 581,130 650,000 25500 CIP Reserve -Tref Sig 154,152 24,152 TOTAL $8,737,607 $6,235,852 $0 135 CITY OF DIAMOND BAR FUN© TYPE: Capital Project SPECIAL FUNDS BUDGET FUNCTIO , Capital Project 1998-99 FUND f: 250 CAPITAL IMPROVEMENT PROJECTS FUND FY97-98 CAPITAL MPROVEMENT PROJECTS INCLUDE: STREET IMPROVEMENTS: 130,000 Prop C 01499 Slurry Seal (Area 1) $340,000 Gas Tax Gas Tax Brea Cyn Q Diamond Crest 12099 Meadowglen - Seepage 500,000 Gas Tax (72,500) Gas Tax Brea Cyn Q Silver Bullet 12199 Ambushers St. - Seepage 200,000 136 Gas Tax 12299 Chinook - Seepage 50,000 Gas Tax 13199 GldnSpgs-BCR-Wstr1y City Limit 1,200,000 Prop C (730,000) Developer (120,000) Prop A (50,000) LLAD 38 (300,000) 13299 Gldn Spgs-Grand to Torito Ln 950,000 Prop C (300,000) Prp A (50,000) ISTEA (600,000) Area 1 -Residential Str Imprvmts 310,000 Gas Tax TOTAL STREET IMPROVEMENTS $3,550,000 TRAFFIC CONTROL IMPROVEMENTS: 130,000 12699 Gldn Spgs C Racquet Club Dr. 130,000 Prop C 130,000 Brea Cyn (g? Glenbrook 130,000 Gas Tax Brea Cyn Q Diamond Crest 130,000 Developer (57,500) Gas Tax (72,500) 130,000 Brea Cyn Q Silver Bullet 130,000 Gas Tax Diamond Bar Bid (W 57 NB 130,000 Gas Tax Lemon Ave C Lycoming 130,000 Gas Tax Gldn Spgs (a Rapidview 130,000 Gas Tax (70,000) Developer (60,000) City Wide School Sfty/Traffic Imp 100,000 Gas Tax B Cyn Cutoff Q SB57 On/Off Rmp 130,000 Developer Fee Reserves TOTAL TRAFFIC CONTROL IMPROVEMENTS 136 $1,140,000 PARK & REC IMPROVEMENTS: 10899 Sycamore Cyn -Landslides Repair 80,000 General Fund 10999 Peterson Pk -Fields Drainage Rep 280,000 Park Fees Fd 11299 Lorbeer - Athletic Field Lighting 150,000 Park Fees Fund Heritage Park ADA Retrofit 118,500 CDBG (70,000) Park Fees Fund (35,000) Park Dev Fd (13,500) Ronald Reagan Pk ADA Retrofit 193,200 CDBG (125,000) Park Fees Fund (29,000) Park Dev Fund (39,200) Pantera Park Ball Field Ltg 50,000 TOTAL PARK IMPROVEMENTS $871,700 MISCELLANEOUS IMPROVEMENTS 06799 Handicap Access Ramps-Schls $100,000 CDBG 13099 Sidewalk Improvements - Area 1 50,000 Gas Tax 13799 Swlk Imp-DBB/ClrCrk-StpCyn etc 150,000 CDBG 13898 Civic Center Design 100,000 General Fund Senior/Community Center 250,000 CDBG TOTAL MUNICIPAL BLDGS & FACILITIES IMP. $650,000 GRAND TOTAL - CAPITAL PROJECTS $6,211,700 137 138 INTERNAL SERVICE FUNDS 139 140 FUND DESCRIPTION: This fund was established in accordance with Resolution #89-53. The resolution states the City will establish a self -Insurance reserve fund. The purpose of the fund shall be to pay all self - assumed losses and related costs. Contributions to the fund shall be pro -rata from all other City funds afforded protection under the program based upon each of the funds exposure to liability 141 1997-98 City Manager City Council Adjusted Budget Recommended Approved ESTIMATED RESOURCES. 25500 Reserved Fund Bal 888,649 1,005,149 36100 Interest Revenue 30,000 40,000 39001 Transfer in -Gen Fd 267,500 160,000 TOTAL $1,186,149 $1,205,149 $0 APPROPRIATIONS: 4081-47200 Insurance Exp. 167,500 160,000 4081-47210 Insurance Deposit 13,000 13,000 25500 Self Ins Reserve 1,005,649 1,032,149 TOTAL $1,186,149 $1,205,149 $0 141 142 DIAMOND BAR REDEVELOPMENT AGENCY 143 144 Pursuant to the California Health and Safety Code Section 33000, the City of Diamond Bar established the Diamond Bar Redevelopment Agency on April 2, 1996. Redevelopment is the primary tool used by cities in California to revitalize neighborhoods & business districts. As in many cities, the purpose of the Diamond Bar Redevelopment Agency is to provide a mechanism for economic development activities. ESTWA TED RESOURCES: Loan Proceeds Tax Increment Revenue TOTAL APPROPRIATIONS: 2100 Photocopying 2110 Printing 2115 Advertising 2120 Postage 2315 Membership & Dues 2320 Publications 2325 Meetings 2330 Travel-Conf & Mtgs 2340 Education & Training 4000 Professional Services 4010 Prof Svcs -Auditing 4020 Legal Services 45222 Contract Svcs -Traffic 46411 Street Improvements 150,000 Allocated Salaries $832,000 $0 TOTAL 1997-98 Executive Director DBRDA Board Adjusted Budget Recommended Approved 413,370 832,000 $413,370 $832,000 $0 1,500 1,500 2,500 2,500 13,000 13,000 2,000 5,000 Soo 1,500 250 500 500 2,500 1,500 1,500 500 1,500 15,500 1,500 2,500 35,000 50,000 11,000 328,120 600,000 150,000 $413,370 $832,000 $0 CAPITAL IMPROVEMENTS INCLUDE: Golden Springs -BCR to Wstrly City Limit 145 $600,000 D I A M O N D B A R CHAMBER OF COMMERCE May 29, 1998 Mr. Terrence Belanger, Diamond Bar City Manager 21660 E. Copley Dr., Suite 100 Diamond Bar, CA 91765 Dear Mr. Belanger: At this time, the Chamber of Commerce is requesting the re -negotiation of the City Contract with the Chamber, and requesting the sum of $36,000 for the fiscal year 1998- 99. Yours truly, Diamond Bar Chamber of Commerce GORDON DILL , Manager I Diamond Bar Chamber of Commerce • 21450 Golden Springs Drive • Diamond Bar, CA 91789-3930 FAX (909) 595-8101 0 (909) 595-5222 D I A M O N D B A R CHAMBER OF COMMERCE June 4, 1998 Mr. Terry Belanger, Manager City of Diamond Bar 21660 E. Copley Dr., Suite 100 Diamond Bar, CA 91765 Dear Terry: Enclosed are six (6) copies of the Program of Work/Budget for 1998-99. We would appreciate it if you would distribute them to the City Councilmembers for their consideration. Sincerely, Diamond Bar Chamber of Commerce eageir N DILL GD:jd cc: Art O'Daly Diamond Bar Chamber of Commerce • 21450 Golden Springs Drive • Diamond Bar, CA 91789-3930 FAX (909) 595-8101 0 (909) 595-5222 DIAMOND BAR CHAMBER OF COMMERCE DIAMOND BAR CHAMBER OF COMMERCE DIAMOND BAR CHAMBER OF COMMERCE DIAMOND BAR CHAMBER OF COMMERCE DIAMOND BAR CHAMBER OF COMMERCE DIAMOND BAR CHAMBER OF COMMERCE DIAMOND BAR CHAMBER OF COMMERCE DIAMOND BAR CHAMBER OF COMMERCE DIAMOND BAR CHAMBER OF COMMERCE DIAMOND BAR CHAMBER OF COMMERCE DIAMOND BAR CHAMBER OF COMMERCE DIAMOND BAR CHAMBER OF COMMERCE DIAMOND BAR CHAMBER OF COMMERCE DIAMOND BAR CHAMBER OF COMMERCE 1998=99 Proposed City Budget 1998-1999 PROGRAM OF WORK AND BUDGET PROGRAM OF WORK AND BUDGET PROGRAM OF WORK AND BUDGET PROGRAM OF WORK AND BUDGET PROGRAM OF WORK AND BUDGET PROGRAM OF WORK AND BUDGET PROGRAM OF WORK AND BUDGET PROGRAM OF WORK AND BUDGET PROGRAM OF WORK AND BUDGET PROGRAM OF WORK AND BUDGET PROGRAM OF WORK AND BUDGET PROGRAM OF WORK AND BUDGET PROGRAM OF WORK AND BUDGET PROGRAM OF WORK AND BUDGET PROGRAM OF WORK AND BUDGET PROGRAM OF WORK AND BUDGET PROGRAM OF WORK AND BUDGET PROGRAM OF WORK AND BUDGET PROGRAM OF WORK AND BUDGET PROGRAM OF WORK AND BUDGET PROGRAM OF WORK AND BUDGET PROGRAM OF WORK AND BUDGET PROGRAM OF WORK AND BUDGET PROGRAM OF WORK AND BUDGET DIAMOND BAR CHAMBER OF COMMERCE PROPOSED BUDGET - WITH CITY CONTRACT 1998-99 INCOME /EXPENSE INCOME MEMBERSHIP INCOME 1. MEMBERSHIP RENEWALS - DECEMBER -BILLING S 20,646/ This is dues that were collected in December through March, and set aside. 2. MEMBERSHIP RENEWALS - DECEMBER -BILLING II - $ 9,600/ This is a residual amount left over from the December billing. For budget purposes, it is anticipated that a maximum of 50% of the membership will be lost. 3. MEMBERSHIP RENEWALS -ANNUAL $ 17,210/ For budget purposes, it is anticipated that a maximum of 20% of the membership will be lost through the economic climate, going out of business, etc. 4. COMMISSIONED SALES S 26,400/ This is for a commissioned salesperson, for the recruitment of new members. The commission rate will be 50% on new memberships. A 50% commission rate will also be given for renewal of delinquent members, which have been released to the salesperson. The commission rate will be 30% for other projects involving sales. 5. BOARD S -04 During the year, officers and members of the Board of Directors and others will be recruiting new members. 6. CHAMBER STAFF S 3,040/ Members brought in by office staff 7. MEMBERSHIP DRIVE S 4,180/ The Chamber will have a Membership Drive in October. New members are needed to expand the Chamber operation and develop additional new manpower from the new members. INCOME OTHER 8. PUBLICATION SALES S -04 The Chamber will offer the following publications for sale: Chamber Members Non -Members Business Directory 1 Free $15.00 Business 1 Free $20.00 Diamond Bar Demographics 1 Free $ 5.00 Diamond Bar Census 1 Free $ 5.00 Map 1 Free $ 1.00 Maps in Bulk Over 10-50% Disc. N/A Mailing Labels $.05 per label N/A Clubs & Org. List 1 Free $ 2.00 Diamond Bar Churches 1 Free $ 2.00 Business $ .05 per label N/A Membership List $20.00 Not for sale Certification of Origin Free $10.00 Staff -time: Staff will collect data or work on projects for members or non-members. Members: first hour free, additional hours $25.00 per hour. Non-members: $25.00 per hour. 9. INTEREST S -0-/ Interest earned on checking & savings accounts. 10. MISCELLANEOUS INCOME / Incidental income that does not fall into any major categories. 11. CITY CONTRACT $36,000/ The Chamber has presented a proposal to the City of Diamond Bar for a contract amounting to $36,000 per year_ For budget purposes. EXPENSES 20. SALARIES /$78,420 Salaries include, two employees and one part time employee. 21. OUTSIDE COMMISSIONED SALES /$13.200 This will cover the commissions for new member recruitment and delinquent members. 22. PAYROLL TAXES /$ 7,800 This covers employer's share of required payroll taxes. 23. ACCOUNTING /$ 2400 This includes monthly financial report, quarterly reports, state and federal tax returns. 24. AUTO EXPENSE /S 1,800 Staff will receive a flat rate of $150 per month. 25. BUSINESS RELATED EXPENSE /$ 1,200 Covers out-of-pocket expenses for staff members. 26. RETIREMENT PROGRAM /S 1,800 This is for Gordon Di1Ps retirement program. 27. CHAMBER OPERATIONS /$16,800 Covers all internal operations and promotional activities that do not normally bring in revenue. 28. POSTAGE /S 2,400 This includes first-class and bulk postage and all permits as well as postage meter rental. 29. TELEPHONE /S 2,700 This represents telephone service. 30. ELECTRICTY /51,320 This represents electricity service. 31. ALARM SYSTEM /S520 The Chamber needs an alarm system to protect over $8,000 in equipment. 32. INSURANCE U WORKERES COMP. /$ 1,020 33. INSURANCE - LIABILITY /S 600 34. INSURANCE -HEALTH /$1,125 This will cover health insurance for Georgia Moore 35. RENT /$11,525 Rental of Chamber office. 36. OFFICE EQUIPMENT & MAINTENANCE /$ 1,620 This will keep office equipment up-to-date and in working order. 37. DUES AND SUBSCRIPTIONS /$ 600 DUES California Chamber of Commerce Western Association of Chamber Executives Chamber of Commerce of the United States American Chamber of Commerce Executives So. Calif. Assn. of Chamber Executives SUBSCRIPTIONS Executive Networking, Pacesetter, and other related publications. 38. EDUCATION -STAFF /$1,200 Post Graduate Work at the Institutes for Organizational Management. 39. SEMINARS AND CONFERENCES /$ 3,000 This will cover management expenses at various Chamber management organizations, management meetings and conferences. The City has indicated that they would like the Chamber more involved in Clout conferences, such as trips to Sacramento for Clout and California Chamber Legislative review. 40. BANK CHARGES /$ 720 41. RESERVE - SAVING /$ 1,726 SPECIAL PROJECTS Every effort will be made to have a 25% income over expenditures. The money is to offset overhead expenses and staff -time- All income and expenditures are net figures. VIEW AND OVERVIEW The communications between the Chamber and its members are vital. Our goal is to have the best newsletter possible and to have it self-supporting by the sale of advertising. 50. VIEW $19,160/ The VIEW is the official publication of the Diamond Bar Chamber of Commerce. The tabloid -sized newspaper is published on a monthly basis. Advertising in the View will be open to Chamber members only. The Chamber will try to sell the majority of the advertising on a quarterly basis. When the ads are sold on a quarterly basis, the advertiser will have the same placement in each View. This will save much staff -time on layouts. The ads will be of a standard size. 51. OVERVIEW FLYER INSERTS S 1,440/ The OVERVIEW, a monthly publication, will carry announcements of upcoming events. With the OVERVIEW, the Chamber will continue its policy of insert advertising. Inserts are $60 per issue, for members only. 52. WELCOME NEW RESIDENTS PROJECT S 1,440/ As part of the proposed City Contract agreement, a monthly mailing will be done to approximately 45 residents. The mailing includes the Diamond Bar View; a map, a welcome letter from the mayor and president of the Chamber; and flyer insertions. To offset these costs, Chamber members will have the opportunity to piggyback this with flyers advertising their business for $120 a year. Advertising in this project will be open to Chamber members only. 53. GENERAL MEMBERSHIP MEETINGS $ -04 a. Four Seminars and/or General Membership meetings will be planned to address areas of major concern to small businesses. b. The Chamber will be setting up a series of meetings on computer education, i.e., E-mail, Internet, Web pages, etc. 54. EGGS & ISSUES S -04 The Committee will try to bring quarterly breakfast meetings featuring programs and topics of interest to the business people in legislative and political areas. 55. COMMUNITY DIRECTORY $ -0-/ The directory will list Churches, Schools, Service Clubs, City services, Social Services, etc., that are available to Diamond Bar residents. 56. DIAMOND BAR NOW S -0-/ Diamond Bar Now is a networking breakfast program, where Chamber members will have an opportunity to make presentations about their businesses. It is planned to have eight per year. 57. MIXERS $ 1,800/ The Chamber's goal is to have twelve mixers per year, which provides an opportunity for social contacts among the business community, giving good exposure for the company hosting the mixer. There is a donation of $5.00. 58. DOOR PRIZES & RAFFLES $1,200/ This line item is revenue from mixers, other than the $5.00 donation. 59. BUSINESS DIRECTORY The Diamond Bar Business Directory will be done in three parts. The first printing of the directory will be limited in scope and will have no frills. It will be a working booklet the members and city can make good use of. We believe it will meet the city contract requirements. We may sell a few ads or sponsorships to pay for the printing and mailing cost. This will be to the business community only. The first printing will be used to obtain a better census update. The second printing, again, will be limited in size and scope, and will be called "Who's Who in Diamond Bar." Once again we may sell a few ads or sponsorships to pay for the printing and mailing cost. This will be to the business community only. The third directory will contain everything about Diamond Bar. It will be a complete Community Reference Guide. Distribution will be to all businesses and residents, and can be used to recruit new businesses to Diamond Bar. Ads will be sold and will have full color available. Table of Contents would read something like this: Chamber of Commerce. President's and Mayor's Messages, City Government, City Council, City Staff, City Departments, City Commissions, City Ordinances, City Parks & Recreation, Resource Revolution, Schools, Community Service Directory, and Business & Professional Directory. 60. MEMBER ORIENTATION /$ 450 The Chamber will hold an Orientation meeting for new members twice a year. Its purpose is to orientate new members on Chamber programs and develop additional manpower. 61. GOLF TOURNAMENT $ 5,000/ This project gives members the opportunity to network in the sun, and it is a major fund-raiser for the Chamber. 62. GOLF TOURNAMENT II (November 13) S / This project gives members the opportunity to network in the sun, and it is a major fund-raiser for the Chamber. 63. ANNUAL DINNER S / A dinner is held annually for the installation of new officers and directors. This is also the annual meeting for the corporation. 64. SILENT AUCTION $ 1,500/ The Chamber will hold a silent auction where all service clubs may participate. The service clubs will be part of the auction and will donate 15% of their proceeds to the Chamber. This is a major fund-raiser for the Chamber. 65. MISS DIAMOND BAR /$220 The Diamond Bar Chamber of Commerce presents an Annual Award for Miss Congeniality in the Miss Diamond Bar Pageant. 66. CASINO NIGHT $ 1000/ This event has proven to be an excellent fund-raiser for other Chambers. 67. BOWLING $250/ The Chamber has a winter and summer bowling league. 68. BUSINESS EXPO $ 2,000/ The Chamber plans to have a Business Expo. 69. SHOP DIAMOND BAR /$3,600 Shop Diamond Bar is a campaign to stop the leakage of sales tax dollars from leaving Diamond Bar and support Chamber members. The campaign will be done in several phases. View An ad campaign in the Chamber tabloids urging Diamond Bar residents to do their shopping in Diamond Bar, which keeps a portion of the sales tax money in the community for their City, Sheriffs, Fire, and parks, etc. Shopping Diamond Bar keeps tax dollars here, in your own hometown. Shop Diamond Bar campaign. Utilize decals, ribbons, bumper stickers, window banners, and posters throughout Diamond Bar, etc. The slogan would be: SHOPPING DIAMOND BAR, MAKES GOOD CENTS! Other campaigns will be: Diamond Dollars Is part of the Shop Diamond Bar campaign and will start on July 4, running through September 30. Chamber members will be encouraged to spend a $2 bill when going out to lunch or shopping in Diamond Bar. Further, the Chamber members will be asked to take $5 bills out of their cash register and replace them with $2 bills. Bumper Stickers- The Chamber members can pass out the bumper stickers to their customers. The bumper stickers will read: "SHOP DIAMOND BAR" License Plates - In the View we will publish license plates of those who have a Shop Diamond Bar bumper sticker on their cars. When the winners come in to the Chamber to claim their prize, they will pull from a grab bag a gift certificate from a Chamber member. When they go to the member to receive the prize, the member will, then, take their picture, which will be in the next issue of the View. Shop Diamond Bar Members First - The Chamber will urge members to buy from other Chamber members. The Chamber has many members, who support the Chamber and its programs, that have businesses in a neighboring community. Member to Member Discount- The Chamber will urge members to give small discounts to fellow Chamber Members. Pro-Cards — These business -size cards will state: "Thought you'd like to know... I came here because you're a member of the Chamber of Commerce. Thanks for your continued support. A supply of these cards will be given to all Chamber members for their use. Christmas Giveaway - The participating Merchant will give a $50 Gift Certificate and the Chamber will give away $1,000 with twenty participating Merchants. The cost for a participating Merchant would be $100, plus a '/4 page ad in the View. 70. CHAMBER PUBLICATIONS /$2,400 The Chamber publishes and distributes maps, directories, newcomers guides, clubs & organization lists, master calendars, restaurant, and other types of lists and pamphlets. Any additional costs will be paid out of Chamber Operations, or sponsorships for this publication will be sold. ANNUAL REPORT - The Annual Report will center the Program of Work (goals and objectives). There is a cost to this project, which will be paid out of Chamber Operations, or sponsorships for this publication will be sold. WELCOME TO THE BOARD - This report will be given to all new Board of Directors and potential Board of Directors. There is a cost to this project, which will be paid out of Chamber Operations, or sponsorships for this publication will be sold. WELCOME TO THE DIAMOND BAR CHAMBER - This report will be given to current members and all new members. There is a cost to this project, which will be paid out of Chamber Operations, or sponsorships for this publication will be sold. CENSUS BROCHURE - A new brochure that contains all the 1990 Census data for Diamond Bar. This Census Brochure report is requested mostly from potential new businesses and Diamond Bar businesses. There is a cost to this project, which will be paid out of Chamber Operations, or sponsorships for this publication will be sold. ECONOMIC PROFILE - This report is requested mostly from potential new businesses and Diamond Bar businesses. There is a cost to this project, which will be paid out of Chamber Operations, or sponsorships for this publication will be sold. 71. RETREAT /$ 500 The Board Retreat is held annually with Board of Directors, Committee Chairmen, and City and School officials to establish goals and objectives for the Diamond Bar Chamber of Commerce. It is set for late January, 1999. There is a cost to this project, which will be paid out of Chamber Operations. 72. HEALTH FAIR $10,000/ Local medical specialists offer free health screenings. Services available at the Health Fair include: blood pressure tests, glaucoma examinations, hearing tests, dental exams, and chiropractic advice, all with the aim of improving the health of Diamond Bar residents. 73. ECONOMIC DEVELOPMENT COMMITTEE /$1,200 The Economic Development Committee will look at ways to help existing businesses, and to do a complete inventory of all empty buildings in Diamond Bar. The committee will also have the responsibility of setting up a program to attract businesses. The committee will meet once a month after the initial program has been established. 74. MISC. PROJECTS These projects are not funded, nor are they a part of the Program of Work at this time. They cannot be completed without the aid of additional staff and money. The additional staff member may not work on the project but will give current staff additional time so they can work on these projects. Every effort will be made to have a 25% income over expenditures. The money is to offset overhead expenses and staff -time. PROJECTS DROPED FROM PROGRAM OF WORK COMMUNITY SERVICE AWARDS / The Community Service Awards give the community an opportunity to thank several of its outstanding citizens who have distinguished themselves through organizational activities or individual efforts to make Diamond Bar a better place to live. These awards can be given at an Annual President's or Mayor's Thanksgiving Prayer Breakfast. PUBLIC ACCESS CORPORATION / The Chamber will participate with the Public Access Corporation in establishing several TV shows. The Chamber has a broad background in all areas through its volunteers. a. Eggs and Issues: The first priority will be to get the Eggs and Issues taped and broadcast to the residents of Diamond Bar. b. A Chamber of Commerce Show: This series of programs will be a TV version of the View. We will have interviews with the president. Chamber directors, professional people and community leaders with current topics, as well as profiles on Chamber members. c. The Taste of Diamond Bar: A cooking show where different restaurant chefs create their favorite cuisine. d. Partners in Progress: Interviews of local Chamber members, showing products and services that are available in Diamond Bar. Call-in Show: The long range plan for the Chamber is to establish a call-in show (forum) where the citizens can call-in and talk to their elected officials. AWARDS LUNCHEON FOR SHERIFFS & FIREFIGHTERS This will give the business community and citizens of Diamond Bar a way to say thank you to the Deputy Sheriffs and Firemen who serve Diamond Bar. PROJECTS FOR THE FUTURE REDEVELOPMENT AGENCY BROCHURE / A new brochure on the Redevelopment Agency is needed. This brochure should be of high quality, possibly in full color, and will be used to attract new businesses to Diamond Bar. BUSINESS DEVELOPMENT BROCHURE / This full color brochure will be used to attract new businesses to Diamond Bar. COMMUNITY BROCHURE / There is a need for a, full color brochure on Diamond Bar, the Community. COMMUNITY STATISTICS & DEMOGRAPHICS / There is a strong need for a complete and up-to-date brochure of community statistics for prospective businesses. (Traffic Counts City Services Planning, Zoning and Related fees etc) COMMUNITY ECONOMIC INDICATOR / There is a strong need for a complete and up-to-date monthly economic indicator for Diamond Bar, which includes new building construction, remodeling of residences, including swimming pools, and a list of new businesses in Diamond Bar. CITIZEN OF THE YEAR / Diamond Bar Citizen of the Year will be a program to honor one outstanding individual for his or her long- term participation in community, civic and government affairs. BLOW THE WHISTLE ON CRIME / Blow the Whistle on Crime is a personal distress signal that enables you to aid sheriffs in deterring or even preventing crime in your neighborhood. HEALTH SERVICES / Conduct a series of programs and activities, which will improve the overall health of the business community and the residents of Diamond Bar. TOURS OF BUSINESS & INDUSTRIAL PLANTS / This would give the Diamond Bar business community the opportunity to become acquainted with the business/industrial/manufacturing area of Diamond Bar. and at the same time give industry the opportunity to "show-off' their wares. RIDE SHARING EMPLOYEE ASSISTANCE ! Seminars on ride -sharing to meet with AQMD regulations. ADVERTISING COUPON BOOK / An advertising coupon book will be put together to sell. Only Chamber members may advertise. DIAMOND BAR'S COLORING BOOK / The Diamond Bar coloring book will feature Diamond Bar Chamber businesses, to be colored. Advertising in this project will be open to Chamber members only. MAP PROJECT / There is a possibility the current supply of maps will run out before this project is completed. In the past, the Chamber has contracted outside salespeople for this project. employees Interoffice Memorandum To: City Council, City Manager and all City,r�Staff From: Joann M. Gitmed, SeniorAccountan'" Date. June 2, 1998 Subject: PERS Informational Meeting In the Proposed 1998-1999 Fiscal Year Budget the City Manager is proposing chang_� to the Public Employees' Retirement System contract to be made effective with the new fiscal year. The changes being proposed are 1) Addition of Fourth Level of 1959 Survivor Benefits, and 2) 2% @ 55 Full Formula. The City of Diamond Bar's retirement contract currently does not contain any survivor benefits and is a 2% @ 60 Full Formula. Fourth Level of 1959 Survivor Benefits provide a higher level of 1959 Survivor Benefits to survivors of a member who dies prior to retirement. The benefit is paid in addition to the Basic Death Benefit (a lump sum payment of a refund of the employees contributions and up to six months pay) or the 1957 Survivor Benefit (a monthly allowance equal to 1/2 of what the employee's highest service retirement allowance would have been had he/she retired on the date of his/her death had the employee been eligible to retire on the date of his/her death). The 1959 Survivor Benefits are paid monthly to certain survivors of a member who dies before retirement. The covered member's survivors receive the following monthly allowances regardless of whether the member was eligible to retire at the time of death. The benefit amounts are: One dependent child; or surviving spouse at age 60 or older; or dependent parents - $950.00/month, Surviving spouse with one dependent child; or two dependent children alone - $1,900.00/mo, Surviving spouse with two or more dependent children; or three or more dependent children - $2,280.00/month. The City of Diamond Bar's current Pre -Retirement Death Benefits consist of: Not Eligible to Retire: Basic Death Benefit Eligible to Retire: Basic Death Benefit or 1957 Survivor Benefit The City of Diamond Bar's Retirement Benefits with Fourth Level of 1959 Survivor Benefits: Not Eligible to Retire Basic Death Benefit and 1959 Survivor Benefit Eligible to Retire Basic Death Benefit or 1957 Survivor Benefits and 1959 Survivor Benefits PERS Informational Meeting Page Two The cost to the City for the Fourth Level of 1959 Survivor Benefits is $3.50 per month per eligible employee. The cost to the employee for the benefit is $2.00 per month. It is being proposed that the employees portion of the benefit be covered via the employee's monthly benefit allotment (cafeteria allotment). PERS requires that there be an employee election before the contact amendment can be made because employee contribution amounts are affected ($2.00 per month per employee). It is not required that all employees be covered by the Survivor Benefit program. Any employee may choose not to be covered and will then have one additional opportunity to reconsider coverage approximately nine months after the contract amendment date. However, once coverage in the Survivor Benefit program is selected, it is irrevocable. 2% @ 55 Full formula provides to local miscellaneous member 2% of pay at age 55 for each year of service credited with an employer. For members who retire earlier, the percentage of pay is reduced to 1.426% at age 50 which gradually increases for each attained age to the maximum of 2.418% at age 63+. Members age 63 or older will receive the same allowance as under the 2% @ 60 formula. The current 2% @ 60 Full Formula provides a member 2% of pay at age 60 for each year of service credited with an employer. For members who retire earlier, the percentage of pay is reduced to 1.092% at age 50, gradually increasing to 2.418% at age 63+. The net cost for the addition of this benefit is 2.349% of eligible payroll. This cost would be "picked -up" by the City via the employer contribution rate (city's portion of PERS contributions). An employee election is not required for the addition of this benefit because the employee contribution is not affected. Accompanying this memo is information regarding the Fourth Level Survivor Benefit Program and the 2% @ 55 Full Formula. Additionally, a PERS representative will be here on site on June 9, 1998 for two back to back informational meetings. The meeting times are 2:00 p.m. and 3:00 p.m. Please read the accompanying information and plan to attend one of the two meetings so that you may ask, and have answered, any questions that you have may have. Public Employees Retirement System March 2% @ AGE 55 LOCAL MISCELLANEOUS MEMBER gOgA 28, 1998 Page 1. Citv 1. Alameda 2. American River 3. Anderson 4. Antioch 5. Apple Valley 6. Arcadia 7. Azusa . 8. Bakersfield 9. Barstow 10. Bell Gardens. 11. Belmont 12. Benicia 13. Berkeley 14. RishclF 15. Blythe 16. Brentwood 17. Buellton 18. Burbank • 19. Burlingame 20. Calabasas 21. California City 22. Campbell 23. Canyon Lake 24. Carlsbad 25. Cerritos City 51. Fairfield 52. Folsom 53. Fremont 54. Garden Grove 55. Gilroy 56. Glendale 57. Grass Valley 58. Hanford 59. Hayward 60. Hemet 61. Hercules 62. Highland 63. Huntington Park 64. Imperial Beach 65. Indian Wells 66. Indio 67. Industry 68. Inglewood 69. Irwindale 70. Lake Elsinore 71. Lancaster 72. La Mesa 73. La Mirada 74. La Quinta 75. La Verne . 26. Chico 76. Lemon Grove 27. Chino 77. Lemoore 28. Chula Vista 78. Lindsay 29. Commerce. 79. Livermore 30. Compton 80. Long Beach 31. Concord 81. Los Altos 32. Corning 82. Los Gatos 33. Corona 83. Madera 34. Coronado 84. Manteca 35. Crescent City 85. Martinez 36. Cudahy 86. Marysville 37. Cupertino 87. Maywood 38. Daly City 88. Menlo Park 39. Davis 89. Millbrae 40. Dixon 90. Mill Valley 41. Dos Palos 91. Montebello 42. Downey 92. Moreno Valley 43. E1 Cajon 93. Mountain View 44. E1 Centro 94. Murrieta 45. El Cerrito 95. Napa 46. E1 Monte. 96. National City 47. Escondido 97. Nevada City 48. Eureka 98. Newark 49. Exeter 99. Norco 50. Fairfax 100. Oakdale City 101. Oakland 102. Oceanside 103. Orange 104. Pacifica 105. Pacific Grove 106. Palmdale 107. Palm Desert 108. Paradise 109. Patterson 110. Placentia 111. Pleasanton 112. Port Huneme 113. Poway 114. Rancho Cucamonga 115. Red Bluff 116. Redding 117. Redondo Beach 118. Rialto 119. Richmond 120. Ridgecrest 121. Riverside 122. Rohnert Park 123. Roseville 124. San Bernardino 125. San Bruno 126. San Carlos 127. San Leandro 128. San Mateo 129. San Pablo 130. Santa Ana 131. Santa Clarita 132. Santa Cruz 133. Santa Fe Springs 134. Santa Maria 135. Santa Paula 136. -Santa Rosa 137. Sanger 13$. Santee' 139. Seal Beach 140. Seaside 141. Sebastopol 142. Shaiter 143. Solana Beach 144. Sonoma 145. Sonora 146. South Lake Tahoe 147. South San Francisco 148. Stockton 149. Suisun City 150. Sunnyvale (continued) 2Z @ AGE 55 LOCAL MISCELLANEOUS MEMBER FORM LA City 151. Temecula 152. Thousand Oaks 153. Tracy 154. Truckee 155. Tulare 156. Ukiah 157. Union City 158. Vacaville 159. Vallejo 160. Ventura 161. Vernon 162. Victorville 163. Visalia 164. West Covina 165. West Sacramento County 1. Calaveras County 2. Colusa County 3. Del Norte County 4. Humboldt County 5. Inyo County 6. Mariposa County 7. Napa County 8. Nevada County 9. Placer County 10. Plumas County City 166. Whittier 167. Willits 168. Willows 169. Woodland 170. Yountville 171. Yuba City County' 11. Riverside County 12. Santa Clara County 13. Santa Cruz County 14. Shasta County 15. Solano County 16. Sutter County 17. Yuba County Page 2. Source: Actuarial and Employer Services Division, Public Employees Retirement System. PERS Retirement Betterment Committee, Inc. Jake Petrosino, Research Director (714) 765-4439 TOTAL LOCAL AGENCIES Cities - 171 of 430 Counties - 17 of 36 Special Districts - 153 of 828 Total - 341 of 1,294 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Public Employees Retirement System 2Z @ AGE 55 LOCAL MISCELLANEOUS M MER FORMULA Special District Alameda County Mosquito Abatement District Alameda County Schools Insurance Group Alameda County Waste Management Authority Alameda County Water District American Canyon County Water District American River Fire Protection District Aptos-La Selva Fire Protection District Banning-Cabazon Cemetery District Big Bear City Airport District Broadmoor Police Protection District Brooktrails Community Services District Burney Fire District Calaveras Public Utility District Cambria Community Services District Castro Valley Sanitation District 16. Central Fire Protection District of Santa Cruz County 17. Central Marin Sanitation Agency 18. Colusa Mosquito Abatement District 19. Cordelia Fire Protection District of Solano County 20. Cotati Fire Protection District 21. Crestline -Lake Arrowhead Water Agency 22. Cucamonga County Water District 23. Delta Vector Control District 24. Diamond Springs -E1 Dorado Fire Protection District 25. Dublin -San Ramon Services District 26. Eastern Municipal Water District 27. East Bay Dischargers Authority 28. East County Fire Protection District 29. East Valley Water District 30. E1 Dorado Hills County Water District 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. Escondido Community Development Commission Estero Municipal Improvement District (Foster City) Fairfield -Suisun Sewer District Feather River Air Quality Management District Feather River Recreation and Park District Georgetown Divide Public Utility District Glen Ellen Fire Protection District Glenn County Mosquito and Vector Control District Great Basin Unified Air Pollution Control District Hayward.Area Recreation and Park District Heartland Communications Facility Humboldt Bay Municipal Water District Intergovernmental Training and Development Center Kern County Council of Governments Kern County Local Agency Formation Commission Kings Mosquito Abatement District Little Lake Fire Protection District Los Angeles City Community Redevelopment Agency Los Angeles County Sanitation District No. 2 Lower Tule River Irrigation District March 28, 1998 Page 3. (continued) Public Employees Retirement System 2Z @ AGE 55 LOCAL MISCELLANEOUS MEMBER FORMULA Special District 51. Marin County Sanitation District No. 1 52. Marin County Sanitation District No. 5 53. Marin Municipal Water District 54. Metropolitan Transportation Commission 55. Metropolitan Water District of Southern California 56. Midpeninsula Regional Open Space District 57. Mid -Placer Public Schools Transportation Agency 58. Mojave Water Agency 59. Montecito Fire Protection District 60. Monterey Peninsula Regional Park District 61. Monterey Regional Waste Management District 62. Mountain View Sanitation District of Contra Costa County 63. Murrieta Fire Protection District 64. -Napa County Mosquito Abatement District 65. Napa Sanitation District 66. National City Community Development Commission 67. Nevada Irrigation District 68. Nice Community Services District 69. North County Transit District 70. North Marin Water District 71. Northstar Community Services District 72. North State Cooperative Library District 73. North Tahoe Fire Protection District 74. Olivenhain Municipal Water District 75: Orland Cemetery District 76. Oro Loma Sanitary District 77. Otay Water District 78. Oxnard Harbor District 79. Padre Dam Municipal Water District 80. Palmdale Water District 81. Penngrove Fire Protection District 82. Placer County Resource Conservation District 83. Placer County Transportation Commission 84. Placer County Water Agency 85. Placer -Foothills Consolidated Fire Protection District 86. Pleasant Hill -Martinez Joint Facilities Agency 87. Port San Luis Obispo Harbor District 88. Rainbow Municipal Water District 89. Rancho Cucamonga Fire Protection District 90. Rancho Santa Fe Fire Protection District 91. Rescue Fire Protection District 92. Richardson Bay Sanitation District 93. Rincon Valley Fire Protection District 94. Riverside County Flood Control and Water Conservation District 95. Riverside County Law Library 96. Riverside County Transportation Commission 97. Riverside County Waste Resources Management District 98. Riverview Water District 99. Rowland Water District 100. Russian River Fire Protection District March 28, 1998 Page 4. (continued) Public Employees Retirement System 22 @ AGE 55 LOCAL MISCELLANEOUS MEMBER FORMULA S ecial District 101. Sacramento Area Council of Governments 102. Sacramento County Fire Protection District 103. Sacramento Transportation Authority 104. Sacramento-Yolo Mosquito Abatement District 105. San Andreas Sanitary District 106. San Diego Association of Governments 107. San Diego County Water Authority 108. San Diego Metropolitan Transportation Development Board 109. San Elijo Joint Power Authority 110. San Francisco Bay Area Rapid Transit District 111. San Gabriel Valley Mosquito Abatement District 112. San Joaquin County Housing Authority 113. Santa Clara County Central Fire Protection District 114. Santa Clara County Traffic Authority 115. Santa Clara County Transportation District 116. Santa Clara Valley Water District 117. Santa Cruz County Housing Authority 118. Santa Cruz County Law Library 119, Santa Cruz Local Agency Formation Commission 120. Santa Cruz Metropolitan Transit District 121. Santa Fe Irrigation District 122. Santa Maria Public Airport District 123. Saratoga Fire Protection District 124. Sausalito -Marin City Sanitation District 125. Scotts Valley Fire Protection District 126. Shasta Mosquito Abatement District 127. Sierra -Sacramento Valley Emergency Medical Services Agency 128. Solano Irrigation District 129. Solano Transportation Authority 130. South Bayside System Authority 131. South Placer Fire District 132. South San Luis Obispo County Sanitation District 133. Southern California Association of Governments 134. Stockton East Water District 135. Summit Cemetery District 136. Tahoe City Public Utility District 137. Tahoe -Truckee Sanitation District 138. Tiburon Fire Protection District 139. Truckee Fire Protection District 140. Truckee Sanitary District 141. Tuolumne Utilities District 142. Union Sanitary District 143. Vallecitos Water District 144. Vallejo Sanitation and Flood Control District 145. Valley County Water District 146. Valley -of -the -Moon Water District 147. Valley -Wide Recreation and Park District 148. Vista Irrigation District 149. West Stanislaus Irrigation District 150. West Valley Sanitation District of Santa Clara County March 28, 1998 Page 5. (continued) Public Employees Retirement System March 28, 1998 2% A AGE 55 LOCAL MISCELLANEOUS MEMBER FORMULA Page 6. Special District 151. Woodridge Rural County Fire Protection District 152. Yolo County Communications Emergency Services Agency 153. Yuba -Sutter Transit District NOTE: This listing includes new PERS agencies which have adopted the 22 @ Age 55 Local Miscellaneous Member Formula as a part of their original contract with the System, Source: Actuarial and Employer Services Division, Public Employees Retirement System. PERS Retirement Betterment Committee, Inc. Jake Petrosino, Research Director (714) 765-4439 FROM RICHARD, WATSON&GERSON 1 �� °' (TUE) 6. 16' 98 17:007.16:5910.4860153108 P 2 DISTRICT NO. 38 (iii) At said public hearing, the City Engineer presented to the City Council certain proposed modifications to the Engineer's Report_ Such modifications result in no increase in the total amount of the assessment and no increase in the amount of the assessment against any individual parcel within the District. 2. The City Council hereby orders the above-described modifications to the Engineer's Report to be made. [*** if contracts approved, replace this sentence with: "The City Council hereby orders the above-described modifications to the Engineer's Report to be made, and, in addition, orders that the estimated cost of contract services be decreased by $ , and that the reserves be increased by a corresponding amount.] The Engineer's Report is hereby approved as so modified. A copy of the Engineer's Report, as modified, shall be on file in the office of the City Clerk and open for public inspection. DISTRICT NO. 39 (iii) At said public hearing, the City Engineer presented to the City Council certain proposed modifications to the Engineer's Report. Such modifications result in no increase in the total amount of the assessment and no increase in the amount of the assessment against any individual parcel within the District. 2. The City Council hereby orders the above-described modifications to the Engineer's Report to be made. I*** if contracts approved, replace this sentence with: "The City Council hereby orders the above-described modifications to the Engineer's Report to be made, and, in addition, orders that the estimated cost of contract services be decreased by $ and that the reserves be increased by a corresponding amount.] The Engineer's Report is hereby approved as so modified. A copy of the Engineer's Report, as modified, shall be on file in the office of the City Clerk and open for public inspection. DISTRICT NO. 41 (iii) At said publin hearing, the City Engineer presented to the City Council certain proposed modifications to the Engineer's � Report. Such modifications result in no increase in the total amount of the assessment and no increase in the amount of the assessment against any individual parcel within the District_ 2_ The City Council hereby orders the above-described .modifications to the Engineer's Report to be made. [*** if contracts approved, replace this sentence with: "The City Council hereby orders the above-described modifications to the Engineer's Report to be made, and, in addition, orders that the estimated cost of contract services be decreased by $ , and that the reserves be increased by a corresponding amount:] The Engineer's Report is hereby approved as so modified. A copy of the Engineer's Report, as modified, shall be on file in the office of the City Clerk and open for public inspection. INTEROFFICE MEMORANDUM TO: Honorable Mayor and Members of City Council FROM: Terrence L. Belanger, City Manager RE: FY 1998-99 Municipal Budget: General Fund, Special Funds And Capital Improvement Program DATE: May 29, 1998 General Fund Overview: The City of Diamond Bar is about to begin its tenth fiscal year, FY 1998-99. As has been reported to the Council over the past several fiscal years, the City will lose its incorporation population (74,115), which is currently used by the State of California to subvent (on a per capita basis) vehicle license fees, gas tax and other revenues, on June 30, 1999. By law (Rev.& Tax. Code, Sec. 11005.3 ), commencing with FY 1999-00 (July 1, 1999), State subventions by the State to the City will be based upon actual population, which is estimated to be 56,660. The estimated loss in General Fund revenue could be as much as $600,000 and the loss in Gas Tax revenues could be as much as $315,000. The vehicle license fee and gas tax revenue reductions are permanent. The future impacts of this revenue reduction must be mitigated through revenue expansion and/or service delivery changes. Redevelopment is another tool for mitigating the impacts of the revenue reduction. The most effective form of revenue expansion is sales tax. Increases in sales tax will come through the a higher demand for goods and services, attraction of businesses into existing commercial centers and retention of businesses in those same commercial centers. While programs to retain, attract and assist businesses in existing commercial areas are beneficial, full occupancy in those commercial areas is not going to significantly expand revenue, as compared to the projected revenue "shortfall". Revenue expansion, in the form of new retail commercial development, should be seriously considered and decisions made to implement such revenue expansion activities. If the revenue "shortfall' is to be primarily dealt with through revenue expansion policies, a very proactive approach to revenue expansion activities is essential. The need for consistent and reliable revenue sources is an even more critical issue, in FY 98-99, as the Governor, state legislators, special interest lobbyists and others continue in their attempts to eliminate vehicle license fees, a municipal revenue source that was established and has been received by cities, since the early 1930s. Vehicle license fees are the largest annual general fund revenue that the City receives ($2,450,000 est. (23%). Historically, the vehicle license fee revenue has been the most reliable revenue source available to the City. In light of the massive revenue "takebacks" ($4.4 billion) by the state legislature in the early 1990s, which involved the "taking" of "backfill" revenue (AB 8) that replaced municipal property taxes lost through Proposition 13; the promise of the state legislature to "backfill' the revenues that are at risk due 06/16/98 Recreation Proposals Comparisions Expenditures In -House City of Brea City of Chino Hills 'Administration $163,322 $_75,834 -- $2,000 $7,0-0-0- $81750 -- - -$49,203 $48,928 $144,956 $117,945 Benefits $36,841 included in Admin. j - --- -- Milesg e $1,860 included in Admin. - - - $1,699 $3,024 $70,500 $75,867 - - $27 711 - -- Training/Memberships Contract Classes Adult Sports --- -- - - --- Youth Sports -_$40,539 $19,895 $44,417' ,Tiny Tots ------ $27,264 --------- -- $20,711 $1_7,773'. -- -- jConcerts--- iSummer Day Camp--- - $1,757 - - - - $_44,360 $1,581 $1,967 $23,308 - -$50,843 Teen Excursions $1,777 _---_ $1,357 $5,523 Teen Leadership/Training _ New Staff Coord. Programs $2,605 n/a n/a $1,105 $2,492 n/a $17,235 New Special Events_ Subtotal n/a $6,714 $506,800 $364,352 $371,511 Overhead $91,044 (18%) n/a included above $596,844 $347,806 $80,157 22%0 $74,207 (19.5%) $12,500 _ n/a $61,521 $8,650 $518,530 $454,368 $327,306 $334,051 Liability Insurance Supplies/Equipment Grand Total Costs Total Revenue Net Cost] $249,0381 $191,224L_120,317 MUNICIPAL BUDGET: FY 1998-99 MAY 29, 1998 PAGE TWO the irresponsible conduct of the legislators gives rise to enormous skepticism and absolutely no trust. The bottom line is that the City of Diamond Bar cannot tolerate nor absorb the reduction of almost twenty-five percent of its annual revenue. For example, the annual retail sales in Diamond Bar would have to more than double ($220,000,000 to $445,000,000) or real property values would have to more than double. The second aspect of a program for dealing with the impending revenue reduction is the reduction of annual expenditures. In the proposed FY 1998-99 Budget, staff has made several recommendations to the Council regarding reorganization, service delivery and service reduction. The overall goal is to implement the revenue enhancement activities and expenditure reduction decisions that will mitigate the impact of the "shortfall", beginning with FY 1998-99. General Fund Revenue: The FY 1998-99 General Fund Budget projects overall resources to be $10,812,050. There is a $452,100 transfer into the General Fund from the Reserve Fund related to expenditures for an architect to begin the needs assessment, space planning and design services for a civic center ($100,000), Sycamore Canyon Park slope repairs ($80,000), computer hardware ($191,000), computer software ($19,550), portable stage ($20,000), Reagan Park lighting ($15,000) and office furniture. There is also a transfer -in of $708,600 from Gas Tax Fund for street and right- of-way maintenance. And, there is a transfer -in of $120,000 from the COPS Fund for the funding of a LASO special assignment deputy (290-B car). The FY 1998-99 General Fund Budget proposes $10,447,125 in appropriations. There is a FY 98-99 projected general fund balance (June 30, 1999) of $364,925 ($964,925 with tenth year of VLF). The estimated FY 97-98 general fund balance on June 30, 1998 is $905,939. The projected fund balances will be allocated to the General Fund Reserve Fund. The City's three major revenue sources are vehicle license fees, sales tax and property tax. The FY 1998-99 budget estimates that two of these revenue sources (sales tax and property tax) will not vary significantly from FY 1997-98. As noted above, vehicle license fee revenues will decrease significantly (up to $600,000), in FY 99-00. However, as was the case last fiscal year (FY 97-98), the proposed budget utilizes the estimated FY 99-00 vehicle license fee revenue level for FY 98-99 budget planning purposes. Other changes in revenues come primarily from estimated increases in interest income and building permit processing fees. FY 1998-99 General Fund Budget Summary: The City of Diamond Bar will conclude FY 1997-98 in a strong financial position. The City will end FY 97-98 with the General Fund Reserve Fund projected to increase to $13,250,000. It is projected that the General Fund Reserve Fund will increase to $14,150,000, as of June 30, 1999 MUNICIPAL BUDGET: FY 1998-99 MAY 29, 1998 PAGE THREE The FY 1998-99 operating budget is based upon proposed service levels that would increase the total number of full-time employees by one. Thirty (30) full-time staff positions are proposed. Fourteen (14) part-time positions are also proposed, which is one less than FY 97-98. Public Safety The FY 98-99 appropriations for law enforcement services total $3,794,000, due to the increase of the two -deputy special assignment car from 20 hours per week to 40 hours per week. $10,550 has been allocated for Community Volunteer Patrol. Animal Control service are proposed to be remain at $65,000. Emergency Preparedness Services are proposed to be $43,915, which includes the cost of a part time coordinator ($16,640). The total cost for Public Safety services is $3,937,500, which approximately 36.42% of the proposed FY98-99 operating budget. COPS will fund education, training and capital outlay items. Public Works The proposed Public Works budget is $1,455,850 which is a slight decrease as compared to FY 97-98 ($1,559,545). The projected decrease is due, primarily, to reductions in professional services ($59,750), environmental services ($15,000), and personnel cost allocations ($55,000) to redevelopment. The budget reflects one-half of a Development Services Assistant that is a proposed new position. Community Development The proposed FY 98-99 allocation is $758,750, which is a slight decrease over the FY 97-98 allocation ($811,300). The decrease is due largely to the winding down of the development code preparation process, the completion of environmental review of a neighboring community's land use project; and, the allocation of salaries to other departments. These decreases are offset by an increase in Building and Safety ($98,500), due to an increase in construction and renovation activities and appropriation for the State mandated updating of the Housing Element ($15,000). Also, one-half the proposed new Development Services Assistant position is assigned to Community Development. Community Services The Community Services budget ($1,610,785) proposes an increase of 15.48% (FY98 was $1,361,480). The budget reflects increases in the recreation contract ($66,829), the maintenance of Pantera Park ($72,500) and management salaries allocation and two additional part-time Parks Maintenance Helpers. The Concerts in the Park series will feature ten (10) weekly concerts. MUNICIPAL BUDGET: FY 1998-99 MAY 29, 1998 PAGE FOUR Legislative and Management Services This combination of services includes: City Council, City Attorney, City Manager and City Clerk. The proposed allocation for these services is $835,465, which is 20.7% less than the FY98 allocation ($1,053,523). This decrease is due to the reorganization of the City Manager's Office staff through the elimination of the Deputy City Manager position ($112,080), the allocation of personnel costs to redevelopment ($40,000) and the fact there is no planned election in 1998 ($38,200), The City Attorney's Special Litigation proposes an increase ($80,000 to$90,000) to cover the costs of litigation, primarily the redevelopment area plan lawsuit. Administration & Support Services Administrative and Support Services include Communications and Marketing, Finance and General Government. The proposed appropriation for these services is $1,366,900, which is a 9.7% increase from FY 98 ($1,234,235). The increases reflect the creation of the Communications and Marketing Department, the leasing of additional City Administrative office space, and the replacement of computer hardware and upgrading of computer software. These increases are offset by the allocation of personnel costs to redevelopment and the completion of the financial management computer system changeover. Personnel Recommendation(s) Although the proposed budget does not reflect the cost impact, it is recommended that 1) the employees receive a 2.0 % cost of living increase in salary, 2) the PERS contract be changed to 2%@55, from 2%@60 and 3) the cafeteria benefit amount be increased by $30 per month. Also, it is proposed that the City Council eliminate one of the Deputy City Manager (Administrative Services) positions. The related resources would be applied to Communications and Marketing personnel costs and the proposed Developmental Services Assistant position. One other new full-time position, a Transportation Clerk, is recommended in Public Works to administer the transit subsidy program and the Dial -a -Cab program. FY 1998-99 Special Funds Gas Tax Gas Tax resources available in FY 98-99 are $3,345,540. It is proposed that the Gas Tax Fund allocate $708,600 to the General Fund to fund street maintenance, street cleaning, right-of-way maintenance, marking and signs, traffic signal maintenance, curbs, gutters and sidewalk repair, utilities, engineering/inspections and staff services. MUNICIPAL BUDGET: FY 1998-99 MAY 29, 1998 PAGE FIVE The FY 98-99 Municipal Budget allocates $2,212,500 to Capital Improvement Projects to fund the following proposed projects: -Phase I - Slurry Seal/Sidewalk Program -Area 1 - Residential Street Improvement Program -Area 1 - Sidewalk Improvement Program -Meadowglen rehab and seepage mitigation -Ambushers drainage mitigation -Chinook/San Leandro seepage study -Brea Canyon@Glenbrook traffic signal -Brea Canyon@Diamond Crest traffic signal -Brea Canyon@Silver Bullet traffic signal -Diamond Bar@SR57 NB on-ramp traffic signal -Lemon@Lycoming traffic signal -Golden Springs@Rapid View traffic signal -City-wide School Safety/Traffic Improvements The Gas Tax Fund would have a year end unappropriated reserve of approximately $424,440. Air Quality Fund The FY 98-99 Budget allocates $5,000 to implement the City's Air Quality Element Implementation Plan. $7,000 has been allocated to partially fund annual membership dues for the San Gabriel Valley Council of Governments. $4,000 is allocated for City On -Line system improvements (system server upgrade). An electronic interactive public information communication system is proposed ($27,000). 25% of the Assistant to City Manager's time is allocated to this fund and 25% of the MIS Technician is allocated to this fund. The total fund budget for FY 98-99 is $91,700. The unappropriated reserve would be approximately $68,800. Park Fees Fund (Quimby Act) The FY 98-99 Budget estimates resources available to be $584,700. Projects recommended are the Peterson Park irrigation and drainage project ($280,000), the Lorbeer Middle School athletic field lights ($150,000), the Heritage Park ADA retrofit project ($35,000) and the Reagan Park ADA retrofit project ($29,000). The estimated year-end Fund balance would be $90,700. Proposition C Fund The FY 98-99 Budget estimates available resources to be $1,825,400. The estimated Prop. C annual revenues are estimated to be $526,600. The Prop C Fund is proposed to fund the Golden MUNICIPAL BUDGET: FY 1998-99 MAY 29, 1998 PAGE SIX Springs - Brea Canyon Road to westerly city limits resurfacing/median construction project ($730,000), Golden Springs - Grand Avenue to Torito Lane resurfacing project ($300,000). $130,000 is proposed to fund a traffic signal at Golden Springs and Racquet Club. The estimated year-end Fund balance would be $660,400. Proposition A Fund - Transit The Proposition A Transit Fund is being proposed to fund the following: Dial -a -Cab program ($302,000), Excursions ($37,000) and Transit subsidy program ($400,000). $7,500 is allocated for membership dues to the San Gabriel Valley COG. It is recommended that monies be allocated for concrete bus pads on Golden Springs ($100,000). $50,810 has been allocated for administrative personnel costs, including making the part-time Transportation Clerk a full-time position, which position would be responsible for the transit pass subsidy program and the Dial -a - Cab program. The estimated Prop A Transit Fund resources, in FY 98-99, are $2,498,850. Proposed expenditures for FY 98-99 are $929,810. The estimated Fund year-end reserve balance is $1,569,040. Community Development Block Grant Fund The proposed resources for FY 98-99 is $793,800. Proposed allocations for FY 98-99 are $793,800. The annual CDBG revenue amount is $370,762. CDBG funds several community service programs, which include YMCA child care, senior programs, and others; and, several CIP projects, which include handicap access ramps ($100,000), sidewalk improvements/installations ($150,000), Heritage Park ADA retrofit ($70,000), Reagan Park ADA retrofit ($125,000) and senior/community center set-aside ($250,000). Program administrative costs are $55,650. Integrated Waste Management Fund This fund provides for the administration of the City's solid waste management activities, the implementation of programs recommended in the City's SRRE (Source Reduction and Recycling Element) and NPDES education and monitoring programs. The Public Works Department has been assigned the responsibility to manage the consultants and staff as they continue the implementation of residential sector programs: multi -family recycling, on-site composting, public education/information and monitoring. Commercial sector programs being implemented include: at -source recovery/recycling, representative waste audit, education/information and monitoring programs. The costs associated with these programs are a part of the FY 98-99 Integrated Waste Management Fund. Estimated resources are $230,000. Proposed allocated expenditures are estimated to be $97,450. The estimated year-end Fund balance reserve is $133,150. MUNICIPAL BUDGET: FY 1998-99 MAY 29, 1998 PAGE SEVEN Capital Improvement Fund (CIP) The FY 1998-99 CIP Budget proposes an expenditure program in the amount of $6,235,582. The CIP proposes $3,550,000 for street improvements, $1,140,000 for traffic control improvements, $871,700 for park and recreation improvements; and, $650,000 for miscellaneous capital improvements. You are referred to budget document (pages 131 thru 137)for more detail, on the various projects. ISTEA Fund The Intermodal Surface Transportation Efficiency Act (ISTEA) Fund provides resources for improving major transportation roadways. $600,000 are available in FY 98-99. The entire amount is allocated to the Golden Springs - Grand Avenue to Torito Lane resurfacing project. COPS Fund The Citizens Option for Public Safety (COPS) Fund has available resources in the amount of $461,390, in FY 98-99. $120,000 has been allocated to the General Fund to cover the cost of expanding the two -deputy special assignment car (290-B) from a twenty hours per week to a forty hours per week. The Los Angeles Sheriffs Department will be purchasing capital outlay items ($110,000) that will enhance and expand the LAO S's ability to provide effective law and traffic enforcement services. $20,000 has been allocated for training and education for Diamond Bar team deputies. The projected unallocated balance is estimated to be $142,390. Narcotics Asset Seizure Fund There is a fund balance of $338,000 in the Narcotics Asset Seizure Fund. The monies in the Narcotics and Law Enforcement Fund can only be used for narcotics enforcement, substance abuse education/training, and other such law enforcement activities. $10,000 has been allocated for a reward for information that would lead to the arrest and conviction of the person(s) who murdered Diamond Bar resident Wandell Beavers. Park and Facility Development Fund There is expected to be a balance of $1,460,000, in FY 98-99. There are FY 98-99 allocations recommended for the Heritage Park ADA retrofit project ($13,500), the Reagan Park ADA retrofit project ($39,200) and the design of the Pantera Park athletic field lighting ($50,000). The unallocated fund balance is estimated to be $1,357,300. MUNICIPAL BUDGET: FY 1998-99 MAY 29, 1998 PAGE EIGHT Self -Insurance Fund: The City Council has adopted a policy, which requires the setting aside of $100,000 per year in the Self -Insurance Fund, until the Fund balance is $1,000,000. As of June 30,1998, the Self - Insurance Fund balance is estimated to be $1,105,650. Barring unforeseen adverse judgments, there will not be a need to set aside $100,000 from the unallocated General Fund reserve fund this fiscal year. However, $160,000 will be transferred -in to the Self -Insurance Fund for the payment of the annual general liability insurance premium. The estimated fund balance on June 30, 1999 is $1,032,150. Community Organization Support Fund: This Fund has been established to provide support to non-profit organizations, which contribute beneficially to the betterment of the community. The source of revenue for this fund is the salary and benefits foreborn by Councilmembers. The estimated fund amount is $15,100. Library Services Fund: The Library Services Fund has been established to supplement the quality of library services available to the residents of the community. The primary focus of supplement support in the FY 98-99 Budget is the maintenance and operation ($9,550) of the City provided computer system, as well as, the upgrading of system computer hardware and software ($8,000). The unallocated Fund balance is $90,125. Redevelopment Agency Fund: The proposed Diamond Bar Redevelopment Agency budget is proposed to be $832,000. With the Economic Revitalization Area Plan adopted and being implemented, there will be related staff costs which will be allocated to the DBRDA ($150,000). Other major expenditures are for General Counsel services ($50,000) and for the Golden Springs Road - Brea Canyon Road to westerly city limit project ($600,000). Staff will be recommending professional consultants to prepare a commercial rehabilitation program and a business retention and attraction program. When the proposals are received and proposal amounts ascertained, staffwill be recommending the allocation of monies necessary to complete the preparation of these two programs. There could be several other capital improvement projects funded by the DBRDA, e.g., traffic signal projects, in this fiscal year, depending upon the decisions of the Board of Directors. MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL FROM: TERRENCE L. BELANGER, CITY MANAGER RE: INFORMATION MEMORANDUM DATE: JUNE 12, 1998 This memorandum is conveyed to you for your information. RECREATION SERVICES PROVIDER INFO: The Council will conducting a study session, on June 16th, to discuss the manner in which recreation services will be provided, in the future. The staff has prepared comparative information, for the Council's review. It is enclosed herewith. Also, staff has, as a matter of courtesy, informed two people who had requested notice of any Council discussion of this issue that the study session was being held. 2. COUNTRY ESTATES ASSOCIATION TTM NO. 24646: Staff has received a letter from Mr. Phillips, the Country Estates Association attorney, which indicates the Country has withdrawn it's application for Tentative Tract Map No. 24646. This TTM was a four (4) parcel subdivision of Country -owned property. A copy of the letter of withdrawal is enclosed. 3. TELE -WORKS AUTOMATED CITIZEN INFORMATION SYSTEM: As was indicated to you at the June 2nd meeting, information regarding the tele -works automated citizen information system. Staff has prepared information about this very interesting community information system. After you have had an opportunity to look at the information, please let us know your thoughts about the system. If you have any questions about the system, please let me know. 4. APPOINTMENT OF COMMUNICATION AND MARKETING COORDINATOR: It is my pleasure to inform you that Ms. Laurie A. Kajiwara has been appointed to one of the two Communications and Marketing Coordinator positions. Ms. Kajiwara will begin work, on July 6, 1998. Ms. Kajiwara has extensive public -sector and private -sector communications, public relations, media relations and marketing experience. Staff is in the process of backgrounding other candidates for the second position. The decision should be made next week (June 15th - June 19th).. INFO MEMO JUNE 12, 1998 PAGE TWO CITY COUNCIL CAFETERLVRETIREMENT BENEFITS: The Finance Committee asked the staff to research the applicable law as to the possibility of cafeteria benefit monies being eligible to "pour -over" into an ICMAIRC 457 supplemental retirement fund account. Based upon the language of the law (CGC Section 36516 (d), it would appear that the "pour -over" of unused cafeteria monies could be permitted to a 457 account, as . long as the account was deemed to a retirement account (supplemental). The requirement is that the cafeteria benefit and the 457 account be the same as and provided to the City's employees. The City Attorney has been asked to review this interpretation of the law. HP OfficeJet LX Personal Printer/Fax/Copier Identification 4845574 z z.0 Fax Log Report for City of Diamond Bar 909-861-3117 Jul -01-98 15:58 Result es LUM Date Time OK 11 Sent Jul -01 15:53 Duration Diad 00:04:30 002482030022 We've got the music... all summer long! Concerts in the Park Summer Lineup June 17th "Mike Henebry Orchestra" (Big Band) June 24th "Hodads" (70's Retro Party Time) July 1st "Long Beach Junior Concert Band" (Patriotic) July 8th "Doo Wah Riders" (Country-Western/Bluegrass) July 15th "Film at Eleven and the Late Breaking Horns" (Classic 60's) July 22nd "Mid West Coast Band" (Top 40 Contemporary) July 29th "5apad i I la" (Calypso) August 5th "Bobby Cochran and the Rock Around the Clock Show" (50's) August 12th "Alturas" (Latin Jazz) For additional • information, call the Recreation Services Division at (909) 396-5694. City of Diamond Bar • California I -888 -777 -CITY v MOM s Cover Sheet Date: t$- 7 / Time: No. of Pages: % % (including cover sheet( 0 TO: s Company: Phone: FAX: 0 FROM: l ?�'! -c-L n Division: Phone: FAX: Comments: ppmL,70 v✓ �� % v (� City of Diamond Bar 21660 E. Copley Drive, Suite 100 Diamond Bar, CA 91765-4177 909-860-2489 • 909-861-3117 (FAX) Internet., htto 1k4+w.ci.diamond-biarca.us / V ! MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL FROM: TERRENCE L. BELANGER, CITY MANAGER RE: FY 1998-99 BUDGET ISSUES DATE: JUNE 16, 1998 There additional issues to be considered by the Council related to the FY 1998-99 Municipal Budget. The following are a listing of each these items. Chamber of Commerce Request for $36,000, In FY99: The Chamber has made a request that the Council consider increasing the FY 1998-99 contract amount from $12,000 to $36,000. A copy of the Chamber's program of work and budget for FY98-99 is enclosed. The letter of request does not indicate the additional activities that the Chamber proposes to accomplish for the City, as consideration for the additional monies requested. Staff recommends that the Council Finance Committee meet with Chamber Board representatives, e.g., President, Vice President, President -Elect, etc, if the Council determines that a change to the contract be considered. 2. Staff Compensation Modification Recommendations: The staff recommends that the personnel salary ranges be increased by 2.0%, which adjustment is requested due to a 2.2% change in the cost of living index (May, 1997 through April 30, 1998). Further, it is recommended that the cafeteria benefit amount be increased, by $30.00 per month. The cost of the salary adjustment would be $39,000. The cost of the cafeteria benefit increase would be $12,600. The staff recommends a change in PERS Survivor Benefits. The proposal is to adopt the 4th Level Survivor Benefit Plan. This benefit provides additional family benefits to the survivors of the death of a PERS member. The cost for this change is $1,500. The staff recommends a change in the PERS retirement system contract, from 2%@60 to 2%@55. The cost of this proposed change is $35,000, for all members. Since cities were given the option to do so, an ever-increasing number of cities have changed their retirement systems for non-public safety members (public safety members have a 2%@50 system), from 2%@60 to 2%@55. To date, 171 cities (430 total) have made this change. Besides the obvious benefit to miscellaneous members ( lowering normal retirement age by five years), the organizational benefit is that the City will be more competitive in the employment marketplace, when the need to replace employees occurs. It should be noted that the retirement amounts are not affected by this change. BUDGET ISSUES JUNE 16, 1998 PAGE TWO Animal Control Contract: The Council has asked staff to prepare a report that compares and contrasts the current animal control provider (Inland Valley Humane Society(IVHS) and the County of Los Angeles Animal Control. Staff is preparing this report. However, it is important to note that the contract for animal control services does have a ninety day prior to the end of contract termination provision. This means that the animal control contract renews for the next year, unless the City gives at least ninety days notice of its intent to terminate. At this time, it would appear that the contract with IVHS has renewed for FY98-99. Staff has discussed this matter with the City Attorney, as to whether there is a way for the City to have discretion regarding the FY98-99 contract renewal. Staff does have concern about the manner in which actual revenues are applied vis a vis estimated revenues. For instance, the IVHS estimates a contract cost of $64,343, which is computed as follows: ($1.00/capita ($56,700) + pro -rata service cost($81,643) - estimated revenue($74,000) _ contract $($64,343). We believe that when actual revenues exceed estimated revenues that the actual amount should be applied to the contract amount to reduce same or the excess actual amount, if any, should be remitted directly to the City. The staff report will complete and transmitted to the Council, on or before June 19, 1998. 4. Dial -a -Cab Service Contract: The Council will be considering a month-to-month dial -a -cab contract, with Diversified Paratransit Services, on June 16th. The Council has requested a staff report that evaluates ridership, cost of service and rider satisfaction. The Council has also asked for a report which identifies other dial -a -cab service providers. That report will be complete and to the Council on June 19, 1998. The month-to-month contract provides the necessary time for the Council to review information and make decisions related to dial -a - cab services and the service provider. CITY COUNCIL REPORT AGENDA NO. 7.,3 MEETING DATE: _ June 16, 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, draft Citywide Design Guidelines and Negative Declaration 97-3. - ISSUE STATEMENT: On December 9, 1997 the Planning Commission recommended approval of the draft Development Code and draft 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. Public hearings on the Development Code began on March 17, 1998 with subsequent public hearings held on April 7, April 21, May 5, and May 18, 1998. At its May 18, 1998 meeting, the City Council completed their review of all Articles of the Development Code and directed staff to prepare the adopting Ordinance for the Development Code and the adopting Resolution for the Citywide Design Guidelines. This is the sixth public hearing on the draft Development Code. RECOMMENDATION: It is recommended that the City Council take public testimony, close the public hearing, review the revisions to the Development Code and, if appropriate, adopt Resolution 98 -XX establishing Citywide Design Guidelines and approve first reading by title only of Ordinance No. 0X(1998) adopting the Development Code. BACKGROUND: Upon incorporation, the City adopted the L.A. County Planning and Zoning Code to serve in the interim until the City could create its own Development Code. In July of 1995, the City adopted its General Plan which outlined the City's goals for future development. In 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 22 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 as revised by the City Council, has been 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 FINAL REVISIONS At Tuesday's public hearing, staff will present the City Council's and staff -Is final revisions to the Development Code, based on direction received at the May 18, 1998 meeting. Staff has prepared and transmitted to Council a complete draft of the Development Code, including revised pages reflecting all the Council's changes. These revised pages include a footer reflecting the date that the changes were made and are identical to those previously transmitted, but have been consolidated in this final draft for your convenience. The draft includes the most recent revisions, dated June 16, 1998, which are discussed below. The final "cleaned up" document and the electronic code will be prepared by the consultants prior to the effective date. Additionally, please note that there are several other pages, in addition to those listed below which are dated June 16, 1998. These page contain typographic corrections. The substantive changes based on the City Council's recommendations are as follows: Pg. III -88: Subsection C., regarding gas powered blowers has been deleted. Pg. III -178: The reference to white rats and mice has been deleted. Pg. IV -3: Animal permits have been added to the table of discretionary permits. Pg. VI -11: Under the definition of Car Washes, regarding temporary car washes, the third sentence has been change to read: "Temporary car washes are fund raising activities typically conducted at automotive related or other businesses where volunteers wash vehicles by hand and the duration of the event is limited to one day." Pg. VI -18: "Commercial" has been deleted from the definition of Equestrian Facilities. Pg. VI -26: Under the definition of "Health Care Institution, the term "retarded" has been changed to "mentally or physically disabled." Pg. VI -27: Archery and shooting ranges have been moved to the Indoor Amusement/Entertainment Facilities definition. Pg. VI -40: Under the definition the definition of "recreational vehicle park "temporary stays not to exceed thirty days" has been added to the end of the first sentence. Please note that there has been an additional staff change to pg. III -7B. This change was made upon the advice of one the City's consulting engineers. The standards for parking lot lighting have been for consistency with the performance criteria established by the Illuminating Engineering Society (IES) Freeway -Oriented Signs At its May 18, 1998 meeting, the Council requested that prior to making a decision regarding freeway -oriented signs, that Caltrans be contacted regarding their requirements for generic food, lodging and fuel signs along freeway off -ramps. Staff contacted Jim Fowler, Caltrans permit technician. According to the information provided, Caltrans permits generic fuel, food and lodging signs as a travelers service at major freeway interchanges in rural areas (population less than 7,500) although there is an appeal process for exceptions to these regulations. Another alternative is the adopt -a -highway program which allows a business name on a freeway sign as the "adoptee" of one mile freeway segments. Based on this information, staff is recommending that language be added to page III -142 allowing freeway oriented on and off-site signage for fuel, food and lodging with a minimum separation of 1,320 feet (1/4 mile). Initial Study Transmitted with the adopting ordinance for the Development Code and the adopting resolution for the Citywide Design Guidelines is the Initial Study for the Negative Declaration. A Negative Declaration it a written statement, accompanied by an Initial Study, explaining why a proposed project won't have a significant environmental effect. An initial study is a preliminary analysis prepared to determine whether a Negative Declaration or Environmental Impact Report (EIR) is needed. An Environmental Impact Report (EIR) and Master Environmental Assessment (MEA) were prepared for the City's General Plan to address the environmental impacts resulting from the proposed changes in land use designations, development standards, the circulation system, and other changes to the physical environment that could occur as a result of the implementation of the General Plan. The Development Code is the primary implementing tool of the General Plan, and must be consistent with the goals, objectives and strategies contained within the Plan. Therefore, there will be no environmental impacts created by the Development Code that were not been addressed within the General Plan EIR and the MEA. The attached Initial Study consists primarily of a checklist. The numbered strategies cited in this list refer to General Plan Strategies and the page numbers where the strategy appears. Adult -Oriented Businesses Staff has done a final review of the adult-oriented business regulations and the associated definitions and made minor revisions and refinements as described below. Please note that there are also several revised pages where the phrase "sexually -oriented" has been replaced with "adult-oriented", for consistency within the text. Please note that these revision pages were not included in the transmittal of the Development Code and are attached as part of this packet. All pages has been double -sided for insertion into the Code. Pg. III -167 D. and III -175 3.: Upon the direction of the City Attorney these sections have been deleted. Pg. III -171 H.1: item (iii) "specified sexual activities", has been deleted, because stating that these activities shall not be observed implies that if they can't be observed they are permitted activities. These regulations do not allow "specified sexual activities" as defined by the Code to be conducted in any business establishment in the City. Pg. III -171 H.8: "or specified sexual activities" has been added to the end of the sentence to clarify a live showing of these activities is prohibited. Pg. VI -4 3.a. This item has been amended to read "Are characterized by the simulation of specified sexual activities." Pg. VI -5 6.a, VI -6 ll.a, 12.c: Same change as above. Pg. VI -6 14: This item has been deleted. Adopting Ordinance and Resolution Attached is the adopting ordinance for the Development Code and the adopting resolution for the Citywide Design Guidelines. The Development Code contains the development regulations which must be adhered to and are therefore to be adopted by ordinance. As adopted, the new Development Code will supersede the existing Planning and Zoning Code as Title 22 of the Municipal Code, although it's important to note that the new Development Code integrates many standards contained within the existing Code and codifies the existing development -related ordinances in a single comprehensive document. The Citywide Design Guidelines, is a policy document containing guidelines with flexibility in interpretation and is therefore to be adopted by Resolution. PREPARED BY: Catherine Johnson Senior Planner ATTACHMENTS: 1. Initial Study 2. Ordinance No. 98 -XX adopting the Development Code 3. Resolution 98 -XX adopting the Citywide Design Guidelines 4. Revised Development Code pages Article III and Article VI Fcj/agdrp69 CITY OF DIAMOND BAIT ENVIRONMENTAL CHECKLIST FORM FOR INITIAL STUDY Pursuant to Guidelines for California Environmental Quality Act §15063 (f), this form, along with the Environmental Information Form completed by the applicant, meets the requirements for an Initial Study. This form is comprised of six parts: Part 1 Background Part 2 Summary of Environmental Factors Potentially Affected Part 3 Determination Part4 Evaluation of Environmental Impacts - Part 5 Discussion of Environmental Impacts Part 6 Sources PART 1 - BACKGROUND 1. City Project Title: 2. Project Address/Location: 3. Date of Form Submittal: 4. Applicant: Firm Name: Address: City/State/Zip: Phone: Fax: 5. Lead Agency: Contact: Address: City/State/Zip: Phone: Fax: 6. General Plan Designation: 7. Zoning: Development Code Entire City of Diamond Bar June 25, 1997 City of Diamond Bar City of Diamond Bar 21660 E. Copley Drive, Suite 190 Diamond Bar, California 91765 (909) 860-2489 (909) 861-3117 Community Development Department James De Stefano, Director, and Catherine Johnson, Planner Same as above Same as above Same as above Same as above Variable Variable Senior 8. Description of Project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off-site features necessary for its implementation. Attach additional sheets if necessary). The project involves the adoption and codification of the City of Diamond Bar's first new comprehensive Development Code. (See Administrative Draft copy of the Development Code, dated June 1997, attached) 1 A. The Development Code embodies the zoning and subdivision regulations and the procedures and requirements for development applications while implementing the goals, policies, and strategies of the Diamond Bar General Plan. B. The zoning regulations clearly describe the following: 1. Authority for the City to regulate zoning and related development activity in the City; 2. Zoning District provisions which include identification of the individual zoning categories (e.g., residential, commercial, industrial, special purpose, and overlay zones), and allowable land use activities, consistent with the land use designations of the 1995 General Plan; 3. Identification of the following: a. Individual zoning district development standards (e.g., height limits, minimum parcel dimensions, parcel coverage, setbacks, etc.); b. Permits and entitlements necessary to secure City authorization to implement development projects; and C. Administrative procedures for the filing, review, noticing, and conducting of public hearings, if required, appeals of City actions, and the amendment of the General Plan, the zoning map and the Development Code. C. The subdivision regulations clearly describe the following: 1. Administrative procedures for the filing, review, and processing of tentative parcel and tract maps, and related functions (e.g., certificates of compliance, mergers, and lot line adjustments) in compliance with State law (Government Code Section 66410, et seq, — Subdivision Map Act); and 2. The improvement requirements that ensure that the subdivision approvals will carry out the purpose and intent of the General Plan and Articles II (Zoning Districts and Allowable Land Uses) and V (Subdivisions) of the Development Code. D. The new Development Code will be known as Title 22 of the Diamond Bar Municipal Code. 9. Surrounding Land Uses and Setting: Briefly describe the project's surroundings. The Development Code will apply on a City-wide basis. 10. Other public agencies whose approval is required (e.^ . permits, financing approval; or participation agreement.). 2 No other public agency approvals are required. 11. List City of Diamond Bar related applications for this project that must be processed simultaneously. No other City of Diamond Bar related applications are required. 12. List prior projects for this parcel. Not applicable. 3 PART 2 - SUMMARY OF ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. 1. Land Use and Planning 2. Population and Housing 3. Geologic Problems 4. Water 5. Air Quality 6. Transportation/Circulation 7. Biological Resources 8. Energy & Mineral Resources 9. Hazards 10. Noise 11. Public Services 12. Utilities & Service Systems 13. Aesthetics 14. Cultural Resources 15. Recreation 16. Mandatory Findings of Significance All of the above listed environmental factors could be potentially affected in an extremely positive manner with the adoption of the Development Code. The Development Code will embody procedures, provisions, regulations, and standards that either preserve the status quo or clarify those in effect currently. In some cases, the new Development Code may reduce the negative impacts that would otherwise result from the approval and implementation of the existing laws and strategies. Recognizing that the new Development Code is the primary implementing tool of the City's General Plan, the answers, to the questions specified in Part 4 (Evaluation of Environmental Impacts) beginning on page 6 of this Environmental Checklist, will identify, as "Source #s," the relevant strategies from the General Plan as well as the Land Use Map (Figure I-2) on page 1-27 of the General Plan. The "Source #s" will be identified as depicted in the following example: Strategies 1.1.1 thru 1.1.10 (I-10) and the Land Use Map. The number in parenthesizes identifies the General Plan page on which the particular strategy is located. 4 PART 3 - DETERMINATION Project Number/Title: Title 22 -- Development Code to be completed by Lead Agency On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant ADVERSE effect on the environment, and a NEGATIVE DECLARATION will be prepared. 7 _ I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the MITIGATION MEASURES described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a significant effect on the environment, but at least one effect (1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and (2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impact" OR "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (1) have been analyzed adequately in an earlier EIR pursuant to applicable standards and (2) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. "Signature of Lead Agency Catherine Johnson, Senior Planner Printed Name i June 25, 1997 Date James De Stefano, Director For PART 4 - EVALUATION OF ENVIRONMENTAL IMPACTS A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g. the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards (e.g. the project will not expose sensitive receptors to pollutants, based on a project -specific screening analysis). 2. All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4. "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an affect from "Potentially Significant Impact" to a "Less than Significant Impact." The lead agency must described the mitigation measures and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross-referenced). Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063 (c)(3)(D). Earlier analyses are discussed in Section VII at the end of the checklist. 6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impact (e.g. general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. Environmental Issues - continued ENVIRONMENTAL ISSUES a. Conflict with General Plan designation or zoning? Source #s: Strategies 1.1.1 thru 1.1.10 (I-10) b. Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? Source #s: Strategy 1.2.2 (III -11) C. Be incompatible with existing land uses in the vicinity? Source #s: Strategy 2.2.1 (I-19) d. Affect agricultural resources or operations (e.g. impacts to soils or farmlands, or impacts from incompatible land uses)? Source #s: Strategy 1.1.10 (I-12) e. Disrupt or divide the physical arrangement of an established community (including a low- income or minority community)? Source #s: Strategies 1.2.1 thru 1.2.4 (I-13) a. Cumulatively exceed official regional or local population projection? Source #s: Strategies 1. 1.4 & 1. 1.5 (11-26) b. Induce substantial growth in an area either directly or indirectly (e.g. through projects in an undeveloped area or extension of major infrastructure)? Source #s: Strategy 1.1.5 (II -26) c. Displace existing housing, especially affordable housing? Source #s: Strategy 2.2.1 (II -28) Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact M X IN /� X X X 7 Environmental Issues - continued Potentially Significant Potentially Unless Significant Mitigation Impact Incorporated a. Fault rupture? Source #s: Strategies 1.1.2 & 1.1.3 (IV -9) b. Seismic ground shaking? Source #s: Strategies 1.1.2 & 1.1.3 (IV -9) c. Seismic ground failure, including liquefaction? Source #s: Strategies 1.1.2 & 1.1.3 (IV -9) d. Seiche (water tanks, reservoirs), tsunami, or volcanic hazard? Source #s: Strategies 1.1.1 thru 1.1.3 (IV -9) e. Landslides or mudflows? Source #s: Strategies 1.2.1 thru 1.2.3 (11V-9 & 10) f. Erosion, changes in topography or unstable soil conditions from excavation, grading, or fill? Source #s: Strategies 1.1.1 thru 1.1.3 (IV -9) g. Subsidence of the land? Source #s: Strategies 1.1.1 thru 1.1.3 (IV -9) h. Expansive soils? Source #s: Strategies 1.1.1 thru 1.1.3 (IV -9) i. Unique geologic or physical features? Source #s: Strategies 1.1.1 thru 1.1.3 (IV -9) a. Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? Source #s: Strategy 1.2.1 (IV -9) Less Than Significant No Impact Impact X X X X X X X X X X 8 Environmental Issues - continued Potentially Significant Potentially Unless Significant Mitigation Impact Incorporated b. Exposure of people or property to water related hazards such as flooding? Source #s: Strategies 1.2.1 thru 1.2.3 (IV -9 & 10) c. - Discharge into surface water or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? Source #s: Strategies 1.2.1 thru 1.2.3 (IV -9 & 10) d. Changes in the amount of surface water in any water body? Source #s: Strategies 1.2.1 thru 1.2.3 (IV -9 & 10) e. Changes in currents, or the course or direction of water movements? Source #s: Strategies 1.2.1 thru 1.2.3 (IV -9 & 10) f. Change in the quantity of ground waters either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability? Source #s: Strategies 1.2.1 thru 1.2.3 (IV -9 & 10) g. Altered direction or rate of flow of groundwater? Source #s: Strategies 1.2.1 thru 1.2.3 (N-9 & 10) h. Impacts to groundwater quality? Source #s: Strategies 1.2.1 thru 1.2.3 (IV -9 & 10) i. Substantial reduction in the amount of groundwater otherwise available for public water supplies? Source #s: Strategies 1.2.1 thru 1.2.3 (IV -9 & 10) Less Than Significant No Impact Impact M X EI FA X X X I 9 Environmental Issues - continued Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact a. Violate any air quality standard or contribute to an existing or projected air quality violation? Source #s: Strategies 1.9.2 & 1.9.3 (IV -12) - X b. Expose sensitive receptors to pollutants? Source #s: Strategies 1.9.1 thru 1.9.5 (IV - 12) X c. Alter air movement, moisture, or temperature, or cause any change in climate? Source #s: Strategies 1.9.2 & 1.9.3 (IV -12) X d. Create objectionable odors? Source #s: Strategies 1.9.2 & 1.9.3 (IV -12) X a. Increased vehicle trips or traffic congestion? Source #s: Strategies 1.9.4 (IV -12), 1.1.4 (V-22), & 3.2.1 (V-27) X b. Hazards to safety from design features (e.g. ; sharp curves or dangerous intersections) or incompatible'uses (e.g. farm equipment)? Source #s: Strategies 1.2.3, 1.3.1, & 1.3.3 (V-24) X c. Inadequate emergency access or access to nearby uses? Source #s: Strategies 1.2.3 & 1.3.3 (V-24) X d. Insufficient parking capacity 'on-site or off- site? Source #s: Strategies 2.1.1, 2.1.5, & 2.1.8 (V-25), & 4. 1.1 thru 4.2.4 (V-27) X 10 Environmental Issues - continued e. Hazards or barriers for pedestrians or bicyclists? Source #s: Strategies 2.1.8 (V-25) & 3.1.6 (V-26) f. Conflicts with adopted policies supporting transportation (e.g. bus turnouts, bicycle racks)? Source #s: Strategies 1.2.3 (V-24), 2.1.8 & 2.2.1 (V-25), 3.1.6 (V-26), & 3.2.1 (V-27) g. Rail, waterborne or air traffic impacts? Source #s: Strategies 2.1.4 & 2.1.9 (V-25) Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact 1.1 X X a. Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals, and birds)? Source #s: Strategies 1.2.1, 1.2.2, 1.2.3, & 1. 2.5 (III -11 & 12) X b. Locally designated species (e.g. heritage trees)? Source #s: Strategies 1.1.11, 1.1.12, & 1.2.5 (III -11 & 12) X c. Locally designated natural communities (e.g., oak forest, coastal habitat, etc.)? Source #s: Strategies 1.1.11, 1.1.12, & 1.2.5. (III -11 & 12) X d. Wetland habitat (e.g. marsh, riparian and vernal pool)? Source #s: Strategies 1.1.13 (III -11), 1.2.1, 1.2.2, 1.2.3, & 1.2.5 (I1I-11 & 12) X e. Wildlife dispersal or migration corridors? Source #s: Strategies 1.1.13 (III -11), 1.2.1, 1.2.2,1.2.3,&1.2.5(III-11&12) X 11 Environmental Issues - continued Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact a. Conflict with adopted energy conservation plans? Source #s: Strategies 2.2.1 thru 2.2. 10 (III - 15), 2.3.1 & 2.3.2, & 2.4.1 thru 2.4.4 (III -16 & 17) X b. Use non-renewable resources in a wasteful and inefficient manner? Source #s: Strategies 2.2.1 thru 2.2. 10 (III - 15), 2.3.1 & 2.3.2, & 2.4.1 thru 2.4.4 (III -16 & 17) X C. Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? Source #s: Strategy — None. Issue Analysis Number 8 (Mineral Resources) states as follows: "There are no significant, concentrated mineral resources in Diamond Bar, with the possible exceptions of oil and hydrocarbons." (III -9) X a. A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemicals or radiation)? Source #s: Strategies 2.1.2 (I-19), 2.5.2 & 2.5.10 (III -17 & 18), 1.8.1 & 1.8.2 (IV -12), & 2.3.3 (VI -7) X 12 Environmental Issues - continued b. Possible interference with an emergency response plan or emergency evacuation plan? Source #s: Strategies 1.6.1 thru 1. 8.2 (IV -11 & 12) c. The creation of any health hazard or potential health hazard? Source #s: Strategies 1.8.1 & 1.8.2 (N-12) & 2.3.3 (VI -7) d. Exposure of people to existing sources of potential health hazards? Source #s: Strategies 1.8.1 & 1.8.2 (IV -12) & 2.3.3 (VI -7) e. Increased fire hazard in areas with flammable brush, grass, or trees? Source #s: Strategies 1.4.1 & 3.3.5 (I-14 & 21), 1.1.7 (III -10), & 1.3.1 thru 1.4.2 (IV -10) a. Increases in existing noise levels? Source #s: Strategies 1.10.1 thru 1.10.12 (IV -13 & 14) b. Exposure of people to severe noise levels? Source #s: Strategies 1.10.1 thru 1.10.12 (IV -13 & 14) a. Fire Protection? Source #s: Strategies 1.3.1 thru 1.4.2 (IV - 10) b. Police Protection? Source #s: Strategies 1.5.1 & 1. 5.2 (IV -11) Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact M rA M X X i i X' X 13 Environmental Issues - continued Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact C. Schools? Source #s: Strategies 1.3.1 thru 1.3.4 (VI -5) X d. Maintenance of public facilities, including roads? Source #s: Strategies 2.3.1 & 2.3.2 (I-19), 1.1.5 & 1.1.6 (V-23), 3. 1.4 (V-26), & 2.2.1 (VI -7) X e. Other governmental services? Source #s: Strategies 2.3.1 (I-19), 1.1.1 (VI_ 4), 1.2.1, 1.2.2, 1.3.3, 1.4.1, & 1.4.3 (VI - 5), & 2.2.1 thru 2.3.3 (VI -7) X a. Power or natural gas? Source #s: Strategies 1.1.1 thru 1.1.5 (VI -4), 1.2.1 (VI -5), & 2.2.1 (VI -7) X b. Communication systems? Source #s: Strategies 1.1.1 thru 1.1.5 (VI4), 1.2.1 (VI -5), & 2.2.1 (VI -7) X c. Local or regional water treatment or distribution facilities? Source #s: Strategies 1.1.1 thru 1.1.5 (VI4), 1.2.1 (VI -5), & 2.2.1 (VI -7) X d. Sewer or septic tanks? Source #s: Strategies 1.1.1 thru 1.1.6 (VI4), 1.2.1 (VI -5), & 2.2.1 (VI -7) X C. Storm water drainage? Source #s: Strategies 1. 2.2 (IV -10), 1.1.1 thru 1.1.5 (VI4), 1.2.1 (VI -5), & 2.2.1 (VI - 7) X f. Solid waste disposal? Source #s: Strategies 2.5.1 thru 2.5. 10 (III - 17), 1.1.1 thrulz T. 1.5 (VI4), 1.2.1 (VI -5), & 2.2.1 (VI -7) X 14 Environmental Issues - continued g. Local or regional water supplies? Source #s: Strategies 1.1.1 thru 1. 1.5 (VI -4), 1.2.1 (VI -5), & 2.2.1 (VI -7) a. Affect a scenic vista or scenic highway? Source #s: Strategies 1.1.6 (I-12), 1.2.3 (I- 13), 2.6.2 (III -18), & 1. 1.9 (V-24) b. Have a demonstrable negative aesthetic effect? Source #s: Strategies 1.2.3 (I-13), 3.1.2 (I- 20), & 1.1.9 (V-24) c. Create light or glare? Source #s: Strategies 3.2.3 (I-20), 1.2.2 (III - 11), & 2.2.2 (III -15) Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact KI X X X a. Disturb paleontological resources? Source #s: Note 1. X b. Disturb archaeological resources? Source #s: Note 1. X c. Affect historical resources? Source #s: Note 1. X d. Have the potential to cause a physical change which would affect unique ethnic cultural values? Source #s: Note 1. X e. Restrict existing religious or sacred uses- seswithin withinthe potential impact area? Source #s: Note 1. X 15 Enyironmental Issues - continued Potentially Significant Potentially Unless Significant Mitigation Impact Incorporated Less Than Significant No Impact Impact Note 1 This category, entitled "14. Cultural Resources," as well as its five individual categories (a. thru e.) are not specifically addressed in the 1995 General Plan. Therefore, Strategies 1.5.6 (I-16), 1.6.4 & 2.1.1 (I-18), 3.3.4 (I-21), & 1.1.6 (I11-10) serve to provide a general framework with which to ensure that new or modified development proposals, or the installationlextension of public or private services, would not endanger, or have an adverse impact on, any of the resources identified above. a. Increase the demand for neighborhood or regional parks or other recreational facilities? Source ##s: Strategies 3.2.1 (I-20) & 1.3.1 thru 1.3.8 (III -12 & 13) X b. Affect existing recreational opportunities? Source ##s: Strategies 3.2.1 (I-20) & 1.3.1 thru 1.3.8 (III -12 & 13) X a. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or pre -history? X b. Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? X fC! Environmental Issues - continued c. Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects) d. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or 17. EARLIER ANALYSES Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact X ►:1 Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. b) Impacts adequately addressed. Identify which effects from the above checklist were within ; the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based, on the earlier analyses. c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated." describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 17 PART 5 - DISCUSSION OF ENVIRONMENTAL IMPACTS Discussions within each section may be grouped. No discussion is required since there are no apparent adverse impacts that would result from the implementation of the proposed project (Development Code) as evidenced by the answers to the questions specified in Part 4 (Evaluation of Environmental Impacts) beginning on page 6 of this Environmental Checklist, above. 1. LAND USE AND PLANNING a. b. C. d. e. 2. POPULATION AND HOUSING a. b. C. 3. GEOLOGICAL PROBLEMS a. b. C. d. e. f. 9. h. i. 4. WATER a. b. C. d. e. 9- h. i. 5. AIR QUALITY a. b. C. d. 18 6.- TRANSPORTATION/CIRCULATION a. b. C. d. e. f. 9- 7. BIOLOGICAL RESOURCES a. b. C. d. e. 8. ENERGY a. b. C. 9. HAZARDS a. b. C. d. e. 10. NOISE a. b. 19 13: AESTHETICS a. b. C. 14. CULTURAL RESOURCES a. b. C. d. e. 15. RECREATION a. b. 16. MANDATORY FINDINGS OF SIGNIFICANCE a. b. C. d. PART 6 - SOURCES 1. General Plan, City of Diamond Bar; Cotton/Beland Associates, Inc. and Charles Abott Associates; July 25, 1995. 2. Draft Development Code, City of Diamond Bar; Urban Design Studio, Jacobson & Wack, and Crawford Multari and Clark Associates; November 1997. i 20 Negative Declaration 97- 3 for City of Diamond Bar Comprehensive Development Code This form is comprised of three sections:: Section 1 Project Description and Location Section 2 Environmental Findings Section 3 Initial Study (Environmental Information and Checklist) June 25, 1997 21 ORDINANCE NO. (1998) AN ORDINANCE OF THE CITY OF DIAMOND BAR ADOPTING A DEVELOPMENT CODE (CASE NO. ZCA 97-1) ANDAMENDING THE DIAMOND BAR MUNICIPAL CODE. i. On April 18, 1989, the City of Diamond Bar was established as a duly organized municipal corporation of the State of California. Thereafter, the City Council of the City of Diamond Bar adopted its Ordinance No. 14 (1990), thereby adopting the Los Angeles County Code as the ordinances of the City of Diamond Bar. Title 22 of the Los Angeles County Code contains the Development Code of the County of Los Angeles, now currently applicable to development applications within the City of Diamond Bar. ii. The City's General Plan was adopted on July 25, 1995. Pursuant to State law, the City undertook to prepare a new zoning ordinance consistent with that General Plan and better suited than the County Code to the City's land use and development. goals and practices. iii. On July 25, 1995, the City of Diamond Bar adopted its General Plan. The City Council, after due consideration of public testimony, staff analysis and the Council's deliberation has determined that the Draft Development Code attached hereto as Exhibit "A" and incorporated by reference into this Ordinance implements the goals, objectives and strategies of the General Plan. The City Council has duly considered these issues so as to meet the City's needs in terms of the type of development envisioned by the General Plan. iv. Adult -Oriented Business regulations are included within this Draft Development Code. The Planning Commission takes legislative notice of the existence, content and findings of the following studies concerning the adverse secondary effects of sexually -oriented businesses: New York, New York (1994); Garden Grove, California (1991); Seattle, Washington (1989); Austin, Texas (1986); Oklahoma City, Oklahoma (1986); Indianapolis, Indiana (1984); Houston, Texas (1983); Beaumont, Texas (1982); Minneapolis, Minnesota (1980); Phoenix, Arizona (1979); Whittier, California (1978) Amarillo, Texas (1977); Cleveland, Ohio (1977); Los Angeles, California (1977). The City Council also takes legislative notice of the facts set forth in numerous reported court opinions regarding the adverse secondary effects of sexually -oriented businesses. See e. q. California v. La Rue, 40-9 U.S. 109 (1972) describing on -premises sexual contacts between sexually -oriented business customers and entertainers as well as on -premise occurrence of prostitution). The City Council finds that these studies and court opinions are, in whole or in part, relevant to the potential problems addressed by the City of Diamond Bar in enacting this ordinance. The City Council further finds that these studies and court opinions provide convincing evidence that sexually -oriented businesses generate adverse secondary effects including, but not limited to: depreciation of property values; increased vacancy rates in residential and commercial areas; increased criminal activity; increased litter, noise and vandalism; and interference with the enjoyment of residential property in the vicinity of such businesses. In accordance with Renton v. Playtime Theaters, Inc.., 475 U.S. 41 (1986), the Planning Commissioff has relied on these studies and court opinions, in whole or in part, in enacting these regulations. The purpose of these regulations is to regulate sexually -oriented businesses in a manner which eliminates or mitigates the adverse secondary effects on the community noted above. The City Council recognizes that non -obscene sexually -oriented materials are constitutionally protected. In enacting these regulations the City does not intend to restrict or deny access by adults to such materials, nor to deny the distributors and exhibitors of such materials to their targeted market. The -City Council finds that the zone limitations and separation requirements contained within these regulations provide a reasonable opportunity for sexually -oriented businesses to operate within the City. In the establishment of these criteria, the City Council has considered their effects on the number and suitability of locations for sexually -oriented businesses. In enacting the sexually -oriented regulations contained within these regulations, the City Council declares that the regulations are licensing provisions and do not create or regulate a criminal offense. The City has not. provided a criminal penalty for violations of these regulations. The City adopts the regulations only as a condition of issuance and maintenance of an adult-oriented business permit or entertainer permit. Violation of these regulations shall not be grounds for criminal prosecution. V. The Planning Commission of the City of Diamond Bar on July 22, 1997; July 29, 1997; August 5, 1997, August 12, 1997; August 19, 1997, August 26, 1997; September 2, 1997 ; September 6, 1997; September 9, 1997; September 23, 1997; October 14, 1997; October 27, 1997; November 12, 1997; November 25, 1997 and December 9, 1997 conducted duly noticed public hearings with regard to the Draft Development Code. vi. The City Council of the City of Diamond Bar on March 17, 1998; April 7, 1998, April 21, 1998; May 5, 1998; May 18, 1998; and June 16, 1998 conducted duly noticed public hearings with regard to the Draft Development Code. vii. The City Council hereby determines that there is no substantial evidence that the Draft Development Code will have a significant effect on the environment and therefore a Negative Declaration (ND 97-3) has been prepared, pursuant to the requirements of the California Environmental Quality Act of 1970, as amended, and the guidelines promulgated thereunder, pursuant to Section 15070 of Article 19 of Chapter 3 of Division 13 of Title 14 of the California Code of Regulations. viii. The City Council hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, there is no evidence before this City N Council that the Development Code proposed herein will have the potential of an adverse effect on wildlife resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this City Council hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations Section 2. The Diamond Bar Municipal Code is amended by adding thereto a new Title 22 to read as set forth in Exhibit A, attached hereto and incorporated herein by reference. Section 3. Title 22 is hereby repealed in its entirety. PASSED, APPROVED AND ADOPTED THIS day of 1998 BY: MAYOR I, LYNDA BURGESS, City Clerk of the City of Diamond Bar do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of -- Diamond Bar held on the 16TH day of JUNE, 1998, and was finally passed 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: ABSTAIN: COUNCIL MEMBERS: ATTEST: City Clerk, City of Diamond Bar 3� Cit co AGENDA Tuesday, June 16, 1998 5:00 p.m. Study Session CC 3 & S 6:3 0 p.m. Regular Meeting South Coast Air Quality Management District Auditorium 21865 East Copley Drive Diamond Bar, 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(x) 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 Rem that is not on the posted agenda. CONDUCT IN THE CITY COUNCIL CHAMBERS The Chair shall order removed from the Council Chambers any person who commits the following acts in respect to a regular or special meeting of the Diamond Bar City Council. A. Disorderly behavior toward the Council or any member of the thereof, tending to interrupt the due and orderly course of said meeting. B. A breach of the peace, boisterous conduct or violent disturbance, tending to interrupt the due and orderly course of said meeting. C. Disobedience of any lawful order of the Chair, which shall include an order to be seated or to refrain from addressing the Board; and D. Any other unlawful interference with the due and orderly conduct of said meeting. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COUNCIL Agendas for the regular Diamond Bar City Council meetings are prepared by the City Clerk and are available 72 hours prior to the meeting. Agendas are available electronically and may be accessed by a personal computer through a phone modem. Every meeting of the City Council is recorded on cassette tapes and duplicate tapes are available for a nominal charge. ADA REQUIREMENTS A cordless microphone is available for those persons with mobility impairments who cannot access the public speaking area. Sign language interpreter services are also available by giving notice at least three business days in advance of the meeting. Please telephone (909) 860-2489 between 8 a.m. and 5 p.m. Monday through Friday. HELPFUL PHONE NUMBERS Copies of Agenda, Rules of the Council, Cassette Tapes of Meetings (909) 860-2489 Computer Access to Agendas (909) 860 -LINE General Information (909) 860-2489 NOTE: ACTION MAY BE TAKEN ON ANY ITEM IDENTIFIED ON THE AGENDA. **** TO ACCESS THIS AGENDA PACKET VIA THE INTERNET, PLEASE USE THE FOLLOWING: http://www.ci.diamond-bar.ca.us/dscvr2b.htm****** THIS MEETING IS BEING BROADCAST LIVE BY CENTURY COMMUNICATIONS FOR AIRING ON CHANNEL 12, AND BY REMAINING IN THE ROOM, YOU ARE GIVING YOUR PERMISSION TO BE TELEVISED. THIS MEETING WILL BE RE -BROADCAST DN THE SATURDAY FOLLOWING THE COUNCIL MEETING AT 10:00 A.M. ON CHANNEL 12. Next Resolution No. 98-37 Next Ordinance No. 02(1998) STUDY SESSION: 5:00 p.m.- CC -3 & 5 Discussion Re: In -House Recreation Services 1. CLOSED SESSION: 2. CALL TO ORDER: PLEDGE OF ALLEGIANCE: INVOCATION: of Diamond Bar 6:30 p.m., June 16, 1998 Mayor Herrera Pastor Larry Grigsby - Calvary Chapel ROLL CALL: Council Members Ansari, Huff, O'Connor, Mayor Pro Tem Chang, Mayor Herrera APPROVAL OF AGENDA: Mayor 3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLA14ATIONS: 3.1 Presentation of Certificate of Recognition to Andrew Badger, Diamond Bar High School Graduate, for his accomplishments in Track and Field. 3.2 Staff presentation on expansion of Cal Trans Park -N -Ride at D.B. Blvd. and 60 Freeway 4. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Although the City Council values your comments, pursuant to the Brown Act, the Council generally cannot take any action on items not listed on the posted agenda. Please complete a Speaker's Card and give it to the City Clerk (_completion of this form is voluntary). There is a five minute maximum time limit when addressing the City Council 5. SCHEDULE OF FUTURE EVENTS: 5.1 SUMMER CONCERTS IN THE PARK SERIES BEGINS - Mike Henebry Orchestra (Big Band) - June 17, 1998 - 6:30 p.m., JUNE 16, 1998 PAGE 2 Sycamore Canyon Park 5.2 PLANNING COMMISSION - June 23, 1998 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.3 CONCERTS IN THE PARK - The Hodads (70's Retro Party Time) June 24, 1998 - 6:30 p.m., Sycamore Canyon Park 5.4 PARKS & RECREATION COMMISSION - June 25, 1998 - 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. 5.5 CONCERTS IN THE PARK - Long Beach Junior Concert (Patriotic) - July 1, 1998 - 6:30 p.m., Sycamore Canyon Park 5.6 JULY 4TH HOLIDAY - In observance of the July 4th'Holiday, City Offices will be closed Friday, July 3, 1998. Offices will reopen Monday, July 6, 1998 5.7 CITY COUNCIL MEETING - July 7, 1998 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Dr. 6. CONSENT CALENDAR: 6.1 APPROVAL OF MINUTES - Regular Meeting of June 2, 1998 - Approve as submitted. Requested by: City Clerk 6.2 TRAFFIC & TRANSPORTATION COMMISSION MINUTES - Regular Meeting of April 9, 1998 - Receive and file. Requested by: Public Works Division 6.3 PLANNING COMMISSION MINUTES: 6.3.1 Regular Meeting of April 28, 1998 - Receive and file. 6.3.2 Regular Meeting of May 12, 1998 - Receive and file. Requested by: Planning Division 6.4 VOUCHER REGISTER - Approve Voucher Register dated June 16, 1998 in the amount of $333,606.29. Requested by: City Manager 6.5 MEMBERSHIP OF THE VENTURA PORT DISTRICT, GATEWAY CITIES COUNCIL OF GOVERNMENTS (COG), AND AGOURA HILLS AND CALABASAS COMMUNITY CENTER AUTHORITY (CCA) INTO THE JUNE 16, 1998 PAGE 3 CALIFORNIA JOINT POWERS INSURANCE AUTHORITY (CJPIA) - The California Joint Powers Insurance Authority Executive Committee, at their meeting of May 27, 1998, recommended approval of the Ventura Port District, Gateway Cities COG, and Agoura Hills and Calabasas CCA for membership in the Authority. Entities 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 Ventura Port District, Gateway Cities COG, and Agoura Hills and Calabasas (CCA) in the CJPIA and authorize the Mayor to execute the consent form as the City's delegate to the Authority. Requested by: City'Manager 6.6 EXONERATION OF CASH DEPOSIT IN LIEU OF GRADING BOND(FAITHFUL PERFORMANCE, LABOR & MATERIAL) FOR 2653 WAGON TRAIN - The Owner, Irma Sands, requests release of her Cash Deposit in Lieu of Grading Bond for improvement security as required in accordance with the Subdivision Map Act. The City Engineer finds that the owner performed all work as shown on the grading plan on file with the City. Recommended Action: It is recommended that the City Council approve the exoneration of Cash Deposit in the amount of $5,400 posted with the City on January 15, 1992 and that the City Clerk notify the Owner and Surety of this action. Requested by: Public Works Division 6.7 APPROVAL OF AMENDMENT NO. 3 TO CONTRACT WITH DIVERSIFIED PARATRANSIT, INC. FOR MONTH-TO-MONTH DIAMOND RIDE SERVICES - The contract with Diversified Paratransit, Inc. for Dial -A -Cab services expires on June 30, 1998. In order to continue these services, it is proposed that the contract be modified to month-to-month with a 30 -day termination clause. Diversified has agreed to continue the service at the same rates as those currently charged. Dial -A -Cab services are included in the proposed FY 98/99 budget at $23,000 per month from Proposition A - Transit Funds. Recommended Action: It is recommended that the City Council approve Amendment No. 3 to the Agreement with Diversified Paratransit, Inc. for Dial -A -Cab Services to be continued on a monthly basis. Requested by: City Manager JUNE 16, 1998 PAGE 4 6.8 APPROVAL OF INCREASE IN CONTRACT WITH PAUL WRIGHT FOR AUDIO/VISUAL SERVICES - To enable the City to utilize the South Coast Air Quality District (AQMD) Auditorium, the City must contract with the AQMD audio/visual specialist, Paul Wright. Mr. Wright has been providing AV and support services for Council and Planning Commission meetings. The City pays $35/hour for meetings and support services (tape duplication). Currently, the City has paid $9,805 in services to Mr. Wright through the City Council June 5, 1998 meeting. There is one City Council and two Planning Commission Meetings remaining to be invoiced. With the invoice, Mr. Wright will exceed the $10,000 City Manager's authority. Recommended Action: It is recommended that the City Council approve an increase in the contract with Paul Wright by $750, for a total contract of $10,650. Requested by: City Manager 6.9 EXTENSION OF MAINTENANCE CONTRACTS - a) CITY-WIDE STREET TREE MAINTENANCE CONTRACT WITH WEST COAST ARBORISTS, INC. - On July 5, 1994, Council awarded a contract to West Coast Arborists, Inc. for City-wide street tree maintenance. The contract allows Council to extend the duration on an annual basis if an extension is deemed to be in the best interest of the City. The contract also allows Council to determine the quantity of work to be performed by the contractor on an annual basis. b) GRAFFITI REMOVAL CONTRACT WITH GRAFFITI CONTROL SYSTEMS - On May 18, 1993, Council awarded a contract to Graffiti Control Systems in the amount of $16,590 ($30/site) for supplemental graffiti removal through June 30, 1994. The contract allows extension on an annual basis and adjustment of the quantity of work to serve the best interests of the City. c) WEED/LITTER ABATEMENT CONTRACT WITH LANTERMAN DEVELOPMENTAL CENTER - For the past 8 years, Council has contracted with Lanterman Developmental Center for supplemental weed and litter abatement services. The contract calls for' 10.8 miles of public right-of-way for litter abatement three times/month for $839.44/month and weed abatement in a variety of areas one time/month for $2,136.38/four months. JUNE 16, 1998 PAGE 5 Recommended Action: It is recommended that the City Council approve: a) extension of the contract for City-wide street tree maintenance with West Coast Arborists, Inc. in an amount not to exceed $60,000 for FY 98/99; b) extension of the contract for graffiti removal with Graffiti Control Systems in an amount not to exceed $35,000 ($30/site/1,160 sites); and c) approve extension of the contract with Community Industries, Lanterman Developmental Center, for supplemental weed and litter abatement for FY 98/99 for a total contract amount of $16,483. Requested by: Community Services Division 6.10 AWARD OF CONTRACT FOR LANDSCAPE MAINTENANCE - On May 5, 1998, Council adopted Resolution No. 98-26 approving plans and specifications for Citywide Landscape Maintenance Services. Bids were received from three contractors, which were opened and publicly read on June 4, 1998. Accurate Landscape and Maintenance submitted the lowest responsible bid in the amount of $233,364. Accurate has been successfully providing various maintenance services for the City since 1991. Recommended Action: It is recommended that the City Council award a contract for Citywide Landscape Maintenance Services to Accurate Landscape and Maintenance in the amount of $233,364 plus a contingency of up to $50,000 for additional necessary work, limited to those items identified in the specifications. Requested by: Community Services Division 6.11 AWARD OF CONTRACT FOR DIAMOND BAR BOULEVARD AT MONTEFINO AND QUAIL SUMMIT TRAFFIC SIGNALIZATION: a) AWARD OF CONTRACT FOR CONSTRUCTION - On May 5, 1998, Council adopted Resolution No. 98-25 approving specifications for the D.B. Blvd. at Montefino Ave. and Quail Summit Dr. Traffic Signal Installation project. Six bids were submitted and opened on May 26, 1998 and the apparent low bidder was Pro Tech Electrical. b) AWARD OF CONTRACT FOR INSPECTION SERVICES - On May 5, 1998, Council adopted Resolution No. 98-25 approving specifications for the Diamond Bar Blvd. at Montefino Ave. and Quail Summit Dr. Traffic Signal Installation Project. On May 5, 1998, the Public Works Division solicited proposals for Professional Inspection Services for the Traffic Signal Installation Project. JUNE 16, 1998 PAGE 6 Recommended Action: It is recommended that the City Council award contracts to: a) Pro Tech Electrical in an amount not to exceed $159,700 and authorize a contingency amount of $16,000 for project change orders to be approved by the City Manager, for a total authorization of $175,700; and b) award an inspection service contract to Warren Siecke in an amount not to exceed $15,732 and authorize a contingency amount of $1,600 for project change orders to be approved by the City Manager, for a total authorization of $17,332. Requested by: Public Works Division 6.12 RESOLUTION NO. 91-72C: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING RESOLUTION NO. 91-72B PRESCRIBING A METHOD OF DRAWING WARRANTS AND CHECKS UPON CITY FUNDS - Resolution No. 91-72B authorized the Mayor, City Treasurer and the Ass't. Finance Director to sign City warrants and checks. Resolution No. 91-72C adds the position of Deputy City Manager as an authorized signer of City warrants and checks. Recommended Action: It is recommended that the City Council adopt Resolution No. 91-72C prescribing a method of drawing warrants and checks upon City funds. Requested by: City Manager 6.13 RESOLUTION NO. 98 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING SPECIFICATIONS FOR SIDEWALKS AND HANDICAP RAMPS THROUGHOUT THE CITY OF DIAMOND BAR THROUGH THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) - FY 97/98 CDBG Projects are for sidewalk installation on Golden Spgs. Dr. between 21450 Golden Spgs. Dr. (Walnut Pools) and Copley Dr. and on Diamond Bar Blvd. between Steep Canyon Rd. and Golden Spgs. Dr. Hall & Foreman has prepared specifications for these projects. Recommended Action: It is recommended that the City Council adopt Resolution No. 98 -XX approving specifications for the 97/98 CDBG Sidewalks and Handicap Ramps Project and authorize the City Clerk to advertise the project for bids. Requested by: Public Works Division 6.14 CONTRACT AMENDMENT/BUDGET ADJUSTMENT FOR D & J ENGINEERING FOR BUILDING & SAFETY SERVICES - The amended FY 97/98 Budget estimates revenues for Building & Safety contract services at $443,450 and estimated expenditures of $281,000. Service expenditures are based upon a JUNE 16, 1998 PAGE 7 percentage of the building permit, plan checking and inspection revenues received by the City. Sales of homes at _the Standard Pacific project are exceeding expectations. Requests for additional construction permits will result in a necessary increase in the budgeted revenues and expenditures for the balance of the FY 97/98. As a result of the anticipated activity, it is necessary to increase FY 97/98 revenues for building and safety contracted services by $100,000 to $543,450 and expenditures by $60,000 to $341,000. Recommended Action: It is recommended that the City Council approve a budget adjustment increasing revenues for Building & Safety Services by $100,000 and expenditures by $60,000. Requested by: City Manager 6.15 AWARD OF CONTRACT FOR PURCHASE OF COPIERS - Staff solicited proposals for purchase of two copies. Following analysis, staff identified that the Xerox 5100 is the model which would best suit the City's current and future needs. The City has the option of purchasing two re -manufactured Xerox 5100A copiers from Xerox Corporation for $44,382 ($20,500 plus tax each). Recommended Action: It is recommended that the City Council authorize purchase of two re -manufactured Xerox 5100A copiers from Xerox Corporation for total cost of $44,382 and authorize a one-year contract with Xerox for full service maintenance at a rate of approximately $1,121 per month. Requested by: City Manager 6.16 APPROVAL OF PURCHASE ORDER FOR LASER RADAR GUNS - The Walnut Sheriff Station has requested the City to purchase three laser radar guns which will be used by the D.B. motorcycle patrol units. The laser radar guns will be purchased through State COPS funding, which was budgeted in the 1997-98 budget. The Sheriff's Department and City received specifications and bids from three companies. Based upon review of the specifications, it is recommended that the City purchase three Kustom Signals- Prolaser Lidar System radar guns. The Lidar system is preferred by the judicial system, due to the quality of the reading and elimination of "false" readings. The guns ralige from $3,125 to $3,995. Recommended Action: It is recommended that the City Council approve a Purchase Order with Kustom Signals, Inc. for $12,973.76. JUNE 16, 1998 PAGE 8 Requested by: City Manager 6.17 APPRQVAL OF CONTRACT WITH ARMENTROUT CONSULTANTS FOR EMERGENCY PREPAREDNESS SERVICES - The preservation of life and property is an inherent responsibility of local, state and federal governments. This is assisted through planning for emergencies and being able to respond adequately. In 1992, Armentrout Consultants prepared the City's Multihazard Functional Plan which serves as a basis for the City's emergency organization and operations. In 1994, coordination of Emergency Services were brought in-house. Due to re -organization, the City requested proposals/applications for an Emergency Services Coordinator,in December, 1997; the City received 2 responses. Armentrout Consultants were deemed to be the most qualified and began providing emergency preparedness services to the City in February, 1998. Armentrout Consultants has prepared the draft Emergency Operations Plan and will be completing the S.E.M.S. document and training. The agreement for Armentrout Consulting contains a not -to -exceed figure of $16,640 for approximately 16 hours/week. Recommended Action: It is recommended that the City Council approve an Amendment to the Professional Services Agreement with Armentrout Consulting for Emergency Preparedness Services for one year in the amount not -to - exceed $16,640. Requested by: City Manager 7. PUBLIC HEARINGS: 7:00 p.m., or as soon thereafter as matters can be heard. 7.1 a) PUBLIC HEARING - RESOLUTION NO. 98 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR LEVYING AN ASSESSMENT ON CITY OF DIAMOND BAR ASSESSMENT DISTRICT NO. 38 FOR THE FISCAL YEAR 1998-99 - On May 18, 1998, Council approved the Engineer's Report and adopted Resolution No. 98-29 to declare the City's intention to levy and collect assessments for District No. 38. Council also set June 16, 1998 as the public hearing date on the levy of the proposed assessments on assessable lots within this District for FY 98/99. Recommended Action: It is recommended that the City Council open the public hearing, receive testimony, close the public hearing and adopt Resolution No. 98 -XX to set the assessment for FY 98/99 for Landscaping Assessment District No. 38. JUNE 16, 1998 PAGE 9 b) PUBLIC HEARING - RESOLUTION NO. 98 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR LEVYING AN ASSESSMENT ON CITY OF DIAMOND BAR ASSESSMENT DISTRICT NO. 39 FOR THE FISCAL YEAR 1998-99 - On May 18, 1998, Council approved the Engineer's Report and adopted Resolution No. 98-30 to declare City's intention to levy and collect assessments for District No. 39. Council also set June 16, 1998 as the public hearing date on the levy of the proposed assessments on assessable lots within this District for FY 98/99. Recommended Action: It is recommended that the City Council open the public hearing, receive testimony, close the public -hearing and adopt Resolution No. 98 -XX to set the assessment for FY 1998-99 for Landscaping Assessment District No. 39. c) PUBLIC HEARING - RESOLUTION NO. 98 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR LEVYING AN ASSESSMENT ON CITY OF DIAMOND BAR ASSESSMENT DISTRICT NO. 41 FOR THE FISCAL YEAR 1998-99 - On May 18, 1998, Council approved the Engineer's Report and adopted Resolution No. 98-31 to declare City's intention to levy and collect assessments for District No. 41. Council also set June 16, 1998 as the public hearing date on the levy of the proposed assessments on assessable lots within this District for FY 1998-99. Recommended Action: It is recommended that the City Council open the public hearing, receive testimony, close the public hearing and adopt Resolution No. 98 -XX to set the assessment for FY 1998-99 for Landscaping Assessment District No. 41. Requested by: Public Works Division 7.2 CONTINUED PUBLIC HEARING - MUNICIPAL BUDGET 1998-99 - Open the public hearing and take testimony on the following topics: (a) RESOLUTION NO. 89-88A - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, AMENDING RESOLUTION 89-88 APPROVING AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY' COUNCIL OF THE CITY OF DIAMOND BAR - Continued from June 2, 1998. Recommended Action: It is recommended that the City Council adopt Resolution No. 98 -XX approving an amendment to the contract with the Board of Administration of the Public Employees' Retirement System. JUNE 16, 1998 PAGE 10 (b) SECOND READING, ORDINANCE NO. 26A(1989): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING ORDINANCE NO. 26(1989), AUTHORIZING AN AMENDMENT TO TIM CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. Recommended Action: It is recommended that the City Council approve for second reading by title only and waive full reading and adopt Ordinance No. 26A(1989) authorizing an amendment to the Contract between the City Council of the City of Diamond Bar and the Board of Administration of the California Public Employees' Retirement System. (c) RESOLUTION NO. 98-XX:.A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, SETTING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 1998-1999 FOR THE CITY OF DIAMOND BAR IN ACCORDANCE WITH THE PROVISIONS OF DIVISION 9 OF TITLE 1 OF THE GOVERNMENT CODE - Submitted for the Council's review and approval is the Appropriations Limit recommendation for FY 1998-99. In addition, Council is requested to approve the adjustment factors used in the calculation of the Appropriations Limit. Recommended Action: It is recommended that the City Council approve the use of the County of Los Angeles population percentage change for use in calculating the FY 1998-99 Appropriations Limit and adopt Resolution No. 98 -XX, establishing the FY 98/99 Appropriations Limit at $16,482,389. (d) RESOLUTION NO. 98 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ADOPTING THE STATEMENT OF INVESTMENT POLICY - Submitted for the City'Council's review and approval is the proposed Investment Policy for FY 98/99 and its' accompanying resolution. Recommended Action: It is recommended that the City Council adopt Resolution No. 98 -XX adopting the FY 98/99 Investment Policy. (e) RESOLUTION NO. 98 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING AND ADOPTING A BUDGET FOR THE CITY OF DIAMOND BAR FOR THE FISCAL YEAR COMMENCING JULY 1, 1998 AND ENDING JUNE 30, 1999 INCLUDING MAINTENANCE AND OPERATIONS, SPECIAL FUNDS AND CAPITAL IMPROVEMENTS AND APPROPRIATING FUNDS FOR ACCOUNT, DEPARTMENTS, DIVISIONS, OBJECTS AND PURPOSES THEREIN SET FORTH. JUNE 16, 1998 PAGE 11 Recommended Action: 7.3 CONTINUED PUBLIC HEARING - ZONING CODE AMENDMENT (ZCA 97- 1) --DRAFT DEVELOPMENT CODE, CITYWIDE DESIGN GUIDELINES AND NEGATIVE DECLARATION 97-3 - 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 and a series of four study sessions were conducted. Public hearings on the Code began on March 17, 1998 with subsequent hearings held April 7, April 21, May 5 and May 18, 1998. At is May 18, 1998 meeting, Council completed its review of all articles and directed staff to prepare the adopting Ordinance for the Development Code and the adopting Resolution for the Citywide Design Guidelines. (a) RESOLUTION NO. 98 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ADOPTING AND ESTABLISHING CITYWIDE DESIGN GUIDELINES AS PART OF THE CITY'S DEVELOPMENT CODE. (b) ORDINANCE NO. 0X(1998): AN ORDINANCE OF THE CITY OF DIAMOND BAR ADOPTING A DEVELOPMENT CODE (CASE NO. ZCA 97- 1) AND AMENDING THE DIAMOND BAR MUNICIPAL CODE. Recommended Action: It is recommended that the City Council take public testimony, close the public hearing, review the revisions to the Development Code and, if appropriate, adopt Resolution No. 98 -XX establishing Citywide Design Guidelines and approve first reading by title only of Ordinance No. 0X(1998) adopting the Development Code. 8. OLD BUSINESS: None 9. NEW BUSINESS: 9.1 ORDINANCE NO. 0X(1998): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING THE DIAMOND BAR MUNICIPAL CODE RE: HEALTH CODE (RESTAURANT RATINGS) - The County of Los Angeles has adopted an ordinance enhancing the current public health requirements for operation of food establishments. City adoption would ensure continuity with County regulations and effective enforcement. Recommended Action: It is recommended that the City Council waive full reading and approve first reading of Ordinance No. 0X(1998) by title only adopting restaurant ratings and set a public hearing for July 21, 1998. Requested by: City Manager JUNE 16, 1998 PAGE 12 RECESS TO REDEVELOPNMNT AGENCY MEETING Next Resolution No. RA -98-06 1. CALL TO ORDER: Chairman Huff ROLL CALL: Agency Members Chang, Herrera, O'Connor, VC/Ansari, C/Herrera 2. PUBLIC CONHENTS: "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 Aaencv 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 June 2, 1998 - Approve as submitted. Requested by: Agency Secretary 3.2 VOUCHER REGISTER - Approve Voucher Register dated June 16, 1998 in the amount of $11,715. Requested by: Executive Director 4. PUBLIC HEARINGS: None 5. OLD BUSINESS: None 6. NEN BUSINESS: 6.1 RESOLUTION NO. RA -98 -XX: A RESOLUTION OF THE DIAMOND BAR REDEVELOPMENT AGENCY APPROVING AND ADOPTING A BUDGET FOR THE DIAMOND BAR REDEVELOPMENT AGENCY FOR THE FISCAL YEAR COMMENCING JULY 1, 1998 AND ENDING JUNE 30, 1999, INCLUDING THE APPROPRIATION OF FUNDS FOR ACCOUNTS, DEPARTMENTS, DIVISIONS, OBJECTS AND PURPOSES THEREIN SET FORTH - The Diamond Bar Redevelopment Agency budget is proposed to be $832,000. With the Economic Revitalization Area Plan adopted and being implemented, there will be related staff costs which will be allocated to the DBRDA ($150,00). Other major expenditures are for General Counsel services ($50,000) and for the Golden JUNE 16, 1998 PAGE 13 Spgs. Rd. - Brea Canyon Rd. to westerly city limit project ($600,000). Staff will recommend professional consultants to prepare a commercial rehabilitation program and a business retention and attraction program. When the proposals are received and proposal amounts ascertained, staff will recommend allocation of monies necessary to complete preparation of these two programs. There could be several other capital improvement projects funded by the DBRDA, e.g., traffic signal projects in this fiscal year, depending upon the decisions of the Board of Directors. Recommended Action: It is recommended that the Redevelopment Agency adopt the Budget for FY 1998-99. Requested by: Executive Director 7. AGENCY b=MZR COUNTS: 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 ADJOURNtWINT: RECONVENE CITY COUNCIL MEETING: 10. COUNCIL SUB-CONNITTEE REPORTS: 11. COUNCIL NRNBER COWUMS: Items raised by individual Council Members are for agency discussion. Direction may be given at this meeting or the item may be scheduled for action at a future meeting. 12. ADJOURN ENT : 1. 2. CITY OF DIAMOND BAR "QUICK CAP" MINUTES JUNE 16, 1998 STUDY SESSION: 5:00 p.m.- CC -3 & 5 a. In -House Recreation Services CALL TO ORDER: Mayor Herrera called the Study Session to order at 5:12 p.m., in CC- 3 & 5 of the AQMD. All Council Members were present. Also Present: Terrence L. Belanger, City Manager; James DeStefano, Deputy City Manager; Linda Magnuson, Asst. Finance Director; Mike Nelson, Communications and Marketing Director; Bob Rose, Community Services Director; Kellee Fritzal, Asst. to City Manager and Tommye Nice, Deputy City Clerk; David Liu, Deputy Director of Public Works arrived at 5:20 p.m. Michael Jenkins, City Attorney arrived at 6:00 p.m.Wendy Bowman and Ted Owens with the City of Brea also attended. CSD/Rose presented comparisons of the proposals that were received from the City of Brea and the City of Chino Hills, as well as the possibility of bringing the recreation program "In -House." Following discussion by Council and the public attending, Mayor Herrera adjourned the Study Session at 6:14 p.m. CLOSED SESSION: None CALL TO ORDER: 6:43 p.m., June 16, 1998 PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Dr. Lawrence Rhodes. INVOCATION: Pastor Larry Grigsby - Calvary Chapel of Diamond Bar 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; Linda Magnuson, Asst. Finance Director; David Liu, Deputy Public Works Director; Bob Rose, Community Services Director; Mike Nelson, Communications and Marketing Director; Kellee Fritzal, Asst. to City Manager; and Tommye Nice, Deputy City Clerk. APPROVAL OF AGENDA: Mayor CM/Belanger stated that it will be staff's recommendation to continue Item 7.3 Development Code Public Hearing due to additional textual changes that need to be done before final adoption. 3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 3.1 Presented Certificate of Recognition to Andrew Badger, Diamond Bar High School Graduate, for his accomplishments in Track and Field. 3.2 David Liu made a presentation on expansion of Cal Trans, Park -N -Ride at D.B. Blvd. and 60 Freeway. 4. PUBLIC COMMENTS: Martha Bruske - Suggested that when a commissioner come to speak before the Council, that they identify themselves as a commissioner and who appointed them. Lydia Plunk - Thanked the citizens who came to the aid of Eda *Gham, who was supervising the Polling Place at Lorbeer Jr. High. Alan Wilson - Asked that the City Council agendize the matter of banning the "Saturday Night Special" in the City and make it a goal of the Council's to keep these guns away from children. Clyde Hennessee - Spoke against the banning of "Saturday Night Special." He also stated that Century Cable has raised their rates and that it was not done by the City. Carolyn Gong - Stated that USA Trash trucks are dumping oil all over the streets especially on Grand and Longview/Summitridge. Further, the walls along that area are in need of paint. She also asked that the Council take a stand against homeowners who have not planted landscaping for the last 12 years. 5. SCHEDULE OF FUTURE EVENTS: 5.1 SUMMER CONCERTS IN THE PARK SERIES BEGINS - Mike Henebry Orchestra (Big Band) - June 17, 1998 - 6:30 p.m., Sycamore Canyon Park 5.2 PLANNING COMMISSION - June 23, 1998 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.3 CONCERTS IN THE PARK - The Hodads (70's Retro Party Time) June 24, 1998 - 6:30 p.m., Sycamore Canyon Park 5.4 PARKS & RECREATION COMMISSION - June 25, 1998 - 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. 5.5 CITY OFFICES WILL BE CLOSED Friday, June 26, 1998 due to the moving of the Administrative Offices. 5.6 CONCERTS IN THE PARK - Long Beach Junior Concert (Patriotic) - July 1, 1998 - 6:30 p.m., Sycamore Canyon Park JUNE 16, 1998 PAGE 3 5.7 JULY 4TH HOLIDAY - In observance of the July 4th Holiday, City Offices will be closed Friday, July 3, 1998. Offices will reopen Monday, July 6, 1998 5.8 CITY COUNCIL MEETING - July 7, 1998 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Dr. 6. CONSENT CALENDAR: Moved by C/Huff moved, MPT/Chang seconded to approve Consent Calendar with the exception of items No. 6.7, 6.9b, 6.11, 6.14, 6.15, 6.16 and 6,17. Motion carried 5-0 by Roll Call. 6.1 APPROVED MINUTES - Regular Meeting of June 2, 1998. 6.2 RECEIVED & FILED TRAFFIC & TRANSPORTATION COMMISSION MINUTES - Regular Meeting of April 9, 1998. 6.3 RECEIVED & FILED PLANNING COMMISSION MINUTES: 6.3.1 Regular Meeting of April 28, 1998. 6.3.2 Regular Meeting of May 12, 1998 6.4 APPROVED VOUCHER REGISTER - dated June 16, 1998 in the amount of $333,606.29. 6.5 APPROVED MEMBERSHIP OF THE VENTURA PORT DISTRICT, GATEWAY CITIES COUNCIL OF GOVERNMENTS (COG), AND AGOURA HILLS AND CALABASAS COMMUNITY CENTER AUTHORITY (CCA) INTO THE CALIFORNIA JOINT POWERS INSURANCE AUTHORITY (CJPIA). 6.6 APPROVED EXONERATION OF CASH DEPOSIT IN LIEU OF GRADING BOND(FAITHFUL PERFORMANCE, LABOR & MATERIAL) FOR 2653 WAGON TRAIN. 6.8 APPROVED INCREASE IN CONTRACT WITH PAUL WRIGHT FOR AUDIO/VISUAL SERVICES - with Paul Wright by $750, for a total contract of $10,650. 6.7 EXTENSION OF MAINTENANCE CONTRACTS: a) CITY-WIDE STREET TREE MAINTENANCE CONTRACT WITH WEST COAST ARBORISTS, INC. - in an amount not to exceed $60,000 for FY 98/99; C) WEED/LITTER ABATEMENT CONTRACT WITH LANTERMAN DEVELOPMENTAL CENTER - for supplemental weed and litter abatement for FY 98/99 for a total contract amount of $16,483. 6.10 AWARDED CONTRACT FOR LANDSCAPE MAINTENANCE - for Citywide Landscape Maintenance Services to Accurate Landscape and Maintenance in the amount of $233,364 plus a contingency of up to $50,000 for additional necessary work, limited to those items identified in the specifications. JUNE 16, 1998 PAGE 4 6.12 ADOPTED RESOLUTION NO. 91-72C: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING RESOLUTION NO. 91-72B PRESCRIBING A METHOD OF DRAWING WARRANTS AND CHECKS UPON CITY FUNDS - adding the Deputy City Manager as an authorized signer of City warrants and checks. 6.13 ADOPTED RESOLUTION NO. 98-37: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING SPECIFICATIONS FOR SIDEWALKS AND HANDICAP RAMPS THROUGHOUT THE CITY OF DIAMOND BAR THROUGH THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG). MATTERS WITHDRAWN FROM CONSENT CALENDAR: 6.7 APPROVAL OF AMENDMENT NO. 3 TO CONTRACT WITH DIVERSIFIED PARATRANSIT, INC. FOR MONTH-TO-MONTH DIAMOND RIDGE SERVICES - Following presentation by CM/Belanger, and comments by Martha Bruske, C/Ansari moved, C/O'Connor seconded to approved the Amendment of the contract for month to month services by Diversified Paratransit, Inc. Motion carried 5-0. 6.9 (b) GRAFFITI REMOVAL CONTRACT WITH GRAFFITI CONTROL SYSTEMS - Following discussion by staff and comments made by Martha Bruske, C/Huff moved, MPT/Chang seconded to approve an extension to the contract with Graffiti Control Systems in an amount not to exceed $35,000 ($30/site/1,160 sites). Motion carried 5-0. 6.11 AWARD OF CONTRACT FOR DIAMOND BAR BOULEVARD AT MONTEFINO AND QUAIL SUMMIT TRAFFIC SIGNALIZATION: Following discussion, MPT/Chang moved, C/Ansari seconded. Motion carried 5-0. a) Pro Tech Electrical in an amount not to exceed $159,700 and authorize a contingency amount of $16,000 for project change orders to be approved by the City Manager, for a total authorization of $175,700; and b) Inspection service contract to Warren Siecke in an amount not to exceed $15,732 and authorize a contingency amount of $1,600 for project change orders to be approved by the City Manager, for a total authorization of $17,332. 6.14 APPROVE CONTRACT AMENDMENT/BUDGET ADJUSTMENT FOR D & J ENGINEERING FOR BUILDING & SAFETY SERVICES - increasing revenues for Building & Safety Services by $100,000 and expenditures by $60,000. Following discussion, C/O'Connor moved, C/Huff seconded to approve the contract amendment with D & J Engineering for Building & Safety Services. Motion carried 5-0: 6.15 AWARD OF CONTRACT FOR PURCHASE OF COPIERS - from Xerox JUNE 16, 1998 PAGE 5 Corporation of two re -manufactured Xerox 5100A copiers for total cost of $44,382 and authorize a one-year contract with Xerox for full service maintenance at a rate of approximately $1,121 per month. Following discussion, C/O'Connor moved, C/Huff seconded to award Xerox with a contract for the purchase of two (2) 5100A re -manufactured copiers. Motion carried 5-0. 6.16 APPROVE PURCHASE ORDER FOR LASER RADAR GUNS - with Kustom Signals, Inc. for $12,973.76. - Following discussion, C/Huff moved, MPT/Chang seconded to approve Purchase Order for Laser Radar Guns. Motion carried 5-0. 6.17 APPROVE CONTRACT WITH ARMENTROUT CONSULTANTS FOR EMERGENCY PREPAREDNESS SERVICES - for one year in the amount not -to -exceed $16,640 - Following discussion, MPT/Chang moved, C/Ansari seconded to approve the contract with Armentrout Consultants for Emergency Preparedness Services. Motion carried 5-0. 7. PUBLIC HEARINGS: 7.1 a) PUBLIC HEARING - RESOLUTION NO. 98 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR LEVYING AN ASSESSMENT ON CITY OF DIAMOND BAR ASSESSMENT DISTRICT NO. 38 FOR THE FISCAL YEAR 1998-99 - On May 18, 1998, Council approved the Engineer's Report and adopted Resolution No. 98-29 to declare the City's intention to levy and collect assessments for District No. 38. Council also set June 16, 1998 as the public hearing date on the levy of the proposed assessments on assessable lots within this District for FY 98/99. b) PUBLIC HEARING - RESOLUTION NO. 98 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR LEVYING AN ASSESSMENT ON CITY OF DIAMOND BAR ASSESSMENT DISTRICT NO. 39 FOR THE FISCAL YEAR 1998-99 - On May 18, 1998, Council approved the Engineer's Report and adopted Resolution No. 98-30 to declare City's intention to levy and collect assessments for District No. 39. Council also set June 160, 1998 as the public hearing date on the levy of the proposed assessments on assessable lots within this District for FY 98/99. C) PUBLIC HEARING - RESOLUTION NO. 98 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR LEVYING AN ASSESSMENT ON CITY OF DIAMOND BAR ASSESSMENT DISTRICT NO. 41 FOR THE FISCAL YEAR 1998-99 - On May 18, 1998, Council approved the Engineer's Report and adopted Resolution No. 98-31 to declare City's intention to levy and collect assessments for District No. 41. Council also set June 16, 1998 as the public hearing date on the levy of the proposed assessments on assessable lots within this District for FY 1998-99. JUNE 16, 1998 PAGE 6 Consultant John Friedrich, made a presentation to the Council regarding LLAD No 38, 39 and 41. Following discussion M/Herrera opened the public hearing at 8:42 p.m. With no testimony being offered by the public, M/Herrera moved to continue the public hearing to July 7, 1998 due to changes that need to be made to both the Engineer's Report and the proposed Resolutions. Motion carried 5-0. 7.2 CONTINUED PUBLIC HEARING - MUNICIPAL BUDGET 1998-99 - CM/Belanger made a presentation on the FY 1998-99 Budget, noting changes. M/Herrera then re -opened the public hearing. Martha Bruske spoke regarding the FY 1998-99 Budget along with the Employee Benefit Package. With no further testimony being offered, M/Herrera closed the public hearing at 9:13 p.m. (a) RESOLUTION NO. 89-88A - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, AMENDING RESOLUTION 89-88 APPROVING AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF DIAMOND BAR - M/Herrera moved, MPT/Chang seconded to adopt Resolution No. 89-88A. Motion carried 5-0. (b) SECOND READING, ORDINANCE NO. 26A(1989): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING ORDINANCE NO. 26(1989), AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM - M/Herrera moved, MPT/Chang seconded to approve for second reading, waive full reading and adopt Ordinance No. 26A(1989). Motion carried 5-0. (c) RESOLUTION NO. 98-38: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, SETTING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 1998-1999 FOR THE CITY OF DIAMOND BAR IN ACCORDANCE WITH THE PROVISIONS OF DIVISION 9 OF TITLE 1 OF THE GOVERNMENT CODE - MPT/Chang moved, C/Ansari seconded to adopt Resolution No. 98-38. Motion carried 5-0. (d) RESOLUTION NO. 98-39: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ADOPTING THE STATEMENT OF INVESTMENT POLICY - C/O'Connor moved, C/Huff seconded to adopt Resolution No. 98-39 adopting the FY 98/99 Investment Policy. Motion carried 4-1 (Ansari absent). JUNE 16, 1998 PAGE 7 (e) RESOLUTION NO. 98-40: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING AND ADOPTING A BUDGET FOR THE CITY OF DIAMOND BAR FOR THE FISCAL YEAR COMMENCING JULY 1, 1998 AND ENDING JUNE 30, 1999 INCLUDING MAINTENANCE AND OPERATIONS, SPECIAL FUNDS AND CAPITAL IMPROVEMENTS AND APPROPRIATING FUNDS FOR ACCOUNT, DEPARTMENTS, DIVISIONS, OBJECTS AND PURPOSES THEREIN SET FORTH - MPT/Chang moved, C/Huff seconded to adopt the FY 1998-99 Budget with the changes/additions stated. Motion carried 5-0. 7.3 CONTINUED PUBLIC HEARING - ZONING CODE AMENDMENT (ZCA 97- 1) - DRAFT DEVELOPMENT CODE, CITYWIDE DESIGN GUIDELINES AND NEGATIVE DECLARATION 97-3 - 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 and a series of four study sessions were conducted. Public hearings on the Code began on March 17, 1998 with subsequent hearings held April 7, April 21, May 5 and May 18, 1998. At is May 18, 1998 meeting, Council completed its review of all articles and directed staff to prepare the adopting Ordinance for the Development Code and the adopting Resolution for the Citywide Design Guidelines. - CM/Belanger stated that it was staff's recommendation to open the public hearing, receive testimony and continue the public hearing due to textural/ substantive changes that need to be made to the Development Code. M/Herrera opened the public hearing. No testimony was received. CA/Jenkins stated that there are some changes that need to be made to the Ordinance. C/O'Connor felt that the Council since the changes are more of a corrective nature, the Council should be able to proceed with the adoption. RECESS: M/Herrera recessed the meeting at 9:37 p.m., in order for copies of the changes to be made are disbursed to the CounciL. RECONVENED: M/Herrera reconvened the meeting at 9:51 p.m. C/Ansari left the meeting at 9:51 p.m. CA/Jenkins went through the changes/corrections to Ordinance No. 02(1998). MPT/Chang moved, C/Huff seconded to adopt Resolution No. 98-41 and approve for first reading by title only, waive full reading and Ordinance No. 02(1989). Motion carried 4-1 (C/Ansari absent). JUNE 16, 1998 PAGE 8 (a) RESOLUTION NO. 98-41: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ADOPTING AND• ESTABLISHING CITYWIDE DESIGN GUIDELINES AS PART OF THE CITY'S DEVELOPMENT CODE. (b) ORDINANCE NO. 02(1998): AN ORDINANCE OF THE CITY OF DIAMOND BAR ADOPTING A DEVELOPMENT CODE (CASE NO. ZCA 97- 1) AND AMENDING THE DIAMOND BAR MUNICIPAL CODE. 8. OLD BUSINESS: None 9. NEW BUSINESS: 9.1 ORDINANCE NO. 03(1998): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING THE DIAMOND BAR MUNICIPAL CODE RE: HEALTH CODE (RESTAURANT RATINGS) - The County of Los Angeles has adopted an ordinance enhancing the current public health requirements for operation of food establishments. City adoption would ensure continuity with County regulations and effective enforcement - DCM/DeStefano made a presentation regarding Ordinance No. 03(1998). Following discussion, MPT/Chang moved, C/Huff seconded to approve for first reading, waive full reading, and set the public hearing for July 21, 1998 at 7:00 p.m., or as soon thereafter as may be heard. Motion carried 4-1 (C/Ansari absent). RECESS TO REDEVELOPMENT AGENCY MEETING 1. CALL TO ORDER: Chairman Huff opened the meeting at 10:30 p.m. ROLL CALL: Agency Members Chang, Herrera, O'Connor, C/Herrera. VC/Ansari absent. Also present: Terrence Belanger, Executive Director; Michael Jenkins, Agency Attorney; James DeStefano, Deputy City Manager; David Liu, Deputy Public Works Director; Linda Magnuson, Asst. Finance Director; Mike Nelson, Communications and Marketing Director; Bob Rose, Community Services Director; Kellee Fritzal, Asst. to City Manager; and Tommye Nice, Deputy City Clerk 2. PUBLIC COMMENTS: None 3. CONSENT CALENDAR: ED/Belanger presented the Consent Calendar. AM/Herrera moved, AM/Chang seconded to approve the Consent Calendar as presented. Motion carried 4-1 (VC/Ansari absent). 3.1 APPROVED MINUTES - Regular Meeting of June 2, 1998. 3.2 APPROVED VOUCHER REGISTER - dated June 16, 1998 in the amount of $11,715. JUNE 16, 1998 4. PUBLIC HEARINGS: None 5. OLD BUSINESS: None 6. NEW BUSINESS: PAGE 9 6.1 ADOPTED RESOLUTION NO. RA -98-06: A RESOLUTION OF THE DIAMOND BAR REDEVELOPMENT AGENCY APPROVING AND ADOPTING A BUDGET FOR THE DIAMOND BAR REDEVELOPMENT AGENCY FOR THE FISCAL YEAR COMMENCING JULY 1, 1998 AND ENDING JUNE 30, 1999, INCLUDING THE APPROPRIATION OF FUNDS FOR ACCOUNTS, DEPARTMENTS, DIVISIONS, OBJECTS AND PURPOSES THEREIN SET FORTH - The Diamond Bar Redevelopment Agency budget is proposed to be $832,000. With the Economic Revitalization Area Plan adopted and being implemented, there will be related staff costs which will be allocated to the DBRDA ($150,00). Other major expenditures are for General Counsel services ($50,000) and for the Golden Spgs. Rd. - Brea Canyon Rd. to westerly city limit project ($600,000). Staff will recommend professional consultants to prepare a commercial rehabilitation program and a business retention and attraction program. When the proposals are received and proposal amounts ascertained, staff will recommend allocation of monies necessary to complete preparation of these two programs. There could be several other capital improvement projects funded by the DBRDA, e.g., traffic signal projects in this fiscal year, depending upon the decisions of the Board of Directors - ED/Belanger presented the Budget for FY 1998-99 for the Diamond Bar Redevelopment Agency. Following discussion AM/Herrera moved, AM/Chang seconded to adopt Resolution No. RA -98-06 Approving and adopting the Budget for FY 1998-99 for the Diamond Bar Redevelopment Agency. Motion carried 4-1 (VC/Ansari absent). 7. AGENCY MEMBER COMMENTS: AGENCY ADJOURNMENT: With no further business, Chair/Huff adjourned the meeting at 10:30 p.m. RECONVENE CITY COUNCIL MEETING: at 10:30 p.m. 10. COUNCIL SUB -COMMITTEE REPORTS: M/Herrera reconvened the meeting 11. COUNCIL MEMBER COMMENTS: 12. ADJOURNMENT: No further business to conduct, M/Herrera adjourned the meeting at 10:52 p.m., in memory of C/O'Connor's father Dolph Hill who passed away two weeks ago. Carol Herrera Mayor Wen Chang Mayor Pro Tem Eileen R. Ansari Council Member Robert S. Huff Council Member Deborah H. O'Connor Council Member kecyded page, June 10, 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 Pastor Larry Grigsby Calvary Chapel Golden Springs 22324 Golden Springs Drive Diamond Bar, CA 91765 Dear Pastor Grigsby: This is to confirm your participation to provide the invocation at the Diamond Bar City Council Meeting on Tuesday, June 16, 1998, at 6:30 p.m. The meeting will be held in the Air Quality Management District Auditorium located at 21865 E. Copley Drive, Diamond Bar. In that we have many cultures and religions within our community, an ecumenical invocation would be appreciated. It is a pleasure to have representation from various churches within Diamond Bar participate at the City Council Meetings. Thank you for taking time out of your busy schedule to share with us. Sincerely, Marisa Somenzi, Secretary for Lynda Burgess, CMC/AAE City Clerk LB/ms LAW OFFICES OF ROBERT G. URIARTE ROBERT G. URIARTE 271 East Workman Avenue, Suite 100 b r. Covina, California 91723 June 8, 1998 P7A FACSIMILE 9091861-3117 & 1st CLASS MAIL Honorable Carol Herrera, Mayor City of Diamond Bar City Hall 21660 E. Copely, Suite 100 Diamond Bar, California 91765 Re: Request for Official Recognition of Andrew Badger Dear Mayor: ` Telephone: (626) 332-1663 Facsimile: (626) 966.5860 I have been a resident of Diamond Bar for thirteen years and write on behalf of one of our outstanding athletes, Andrew "Andy" Badger. I have known Andy for over eight years and know him to be a hardworking individual of great moral character and integrity. Andy is a soft-spoken and unassuming young man who is always willing to assist others and never boasts of his significant athletic accomplishments. Andy is a graduating Senior at Diamond Bar High School and has been a member of the Football and Soccer teams in addition to his participation with Track and Field. It is in Track and Field, specifically the Triple Jump, in which he has distinguished himself and our Community. Andy broke the Diamond Bar High School record in the Triple Jump, in 1997 with a jump of 45'11". Previously, the record had been set at 44'. In 1998, he surpassed his 1997 record, with a jump of 48' 11 3/4". Andy has competed and placed 2"d , in the Open Division and 3`d in the Invitational Division of the Mount San Antonio College Relays in 1997. Most recently, he has distinguished himself by becoming the Division 1 Champion in the C.I. F. with a jump of 47' 9", and also by qualifying at the Masters Competition, with a jump of 48'8", to go onto the State Competition at which he placed 4`h with a Jump of 48' 5". It is this Honorable Carol Herrera, Mayor City of Diamond Bar June 8, 1998 Page 2 latest competition, which earned him an invitation to compete at the U.S. Track and Field Junior Nationals. In this regard, we are in the process of raising funds to help Andy defray costs in traveling to Edwardsville, Illinois where he will compete in the Junior Nationals, sponsored by the U.S. Track and Field Association for students under 19 years of age, on June 26-29, 1998. Those individuals qualifying for competition at this event are truly the best from throughout our Nation. The top two individuals in each event from this meet are then selected to represent the United States at the World Junior National Meet to be held in France, in July of 1998. I believe it is appropriate to hold up individuals like Andy and recognize them for their achievements. I therefore respectfully request that the City Council give official recognition to Andy's accomplishments in Track and Field. Attached to the hard copy of this letter are various recent articles that chronicle Andy's accomplishments. If you need additional information, please feel free to contact me at the above number, or at home (909) 861-2904, at your convenience. Thank you for your consideration. Very truly yours, Robert G. Uriarte RGU:bu Enclosures (attachments by I' class mail only) can 0-4 : 5, Z m ` C _. 60 I,�,0.0 10yv� ,, ca: r��'' 9:'" 3 0 SCD 07 I , CW alga Bf a h m' a's' -Badger -_ wins track,` t itle ST�r,.�Parrsa -" PlOR1NAL1( � Diamond' Bar High School senior Andy Bad- ger, is, a. soft spoken sort, . a .bit reserved.even after winning the triple jump at. Friday's CIF - Southern Section Masters Meet. ButBadger's mark of 48 feet, 8 inches at Cerritos College does -plenty. of talking for him. Badger established" a personal bes.in"-the event and served notice bell be a force in his second: consecutive state -meet appearance. VW let: everyone ahead . of is bow I'm :coming," -he said, «wdanything 'can -happen." as Badger .wthe only, valley perm'' r to win an individual title, ->but area. athletes had a strong day, earning -14 entries `to::the= e'meet, to be held ne dayc and Saturday at .Whvel finishers in each event Friday -earned a state berth.. 19dnita'Juitiano, Wal ;:nut's"Ji ulfr r, _ rand. San start, so he was . left with thea 100, not his best event -, But Jones caught the guru; perfectly and held on for a. fourth -place finish in 10.95, a.; fine time and place given the=. 2.8 -mph head wind and the star studded field. . Long Beach Poly's Darrell Ri-. deaua won the race in 10.62, edging Sherman Oaks Notre., Dame's Justin Fargas' 10.68. "I got- out and made sure L; didn't jump this tine," Jones, said. "I noticed (the starter)= had a long gun, so I just stayed:, calm. It's relieving. I didn't - think I was going to make it in the 100. `Normally, I'd be overlooking; the 100. If I was running the 200, I. wouldn't be be as focused on the 100. But I said, "Phis is. all I got.' Earlier, Jones ran the second; leg on the Raiders' 400 -meter, relay team, which earned a state -meet berth with a fourth-" place finish in 41.66. Wilson's Richard Legarra qualified in both the shot put: - and discus, but wasn't pleased with his marks. He was the' F m m ROD 8 Es y N 3 IDN"mM 1 z mG�� i m 9x ?� I = m �.�� � g I�� W5 m� =Qam x p nO c T 7 Y. ((pS .f6 c Haim'?n� Omni cn ar =oca y c 16 I✓1 d ,C g = K y �2ccn0Fo np,Xc w c cs. 0 N tD 'j,1. A O w OC w vi Q, CL �. p• K p,�wm rb K co N x -ws Sm x� —in � a oaf O `•1 O K QC 4C � F m m ROD 8 Es y N 3 IDN"mM 1 z mG�� i m 9x ?� I = m �.�� � g I�� W5 m� =Qam x p nO c T 7 Y. 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O M 'CD r j M co .0 �.... p> CD MC c�D ao.w m oaTr�Zo❑ n Vi (D .Ll< o N cD :e W;4%0:;e2 5' Tv =6 PCO N N f(D CD O O .O•a w m �b� CD Co m w C ('1 0 G � O O A ry a as o o CD S mE;(' b�.n. 10 �rtM wm r7 ID OOQ E; rA fA rfr y �• 4 v ti on v' � o W Wr Z as .. eK .J L' a CD i `r d C` �CD w ~ co N x 5 x� i `r i .c�onita s luiliano shines RkAwd GOMIGZ _c RRUPONDENT 4ORWALK — David Juiliano wus busy thanking his army of coaches on Saturday, but the nation's premiere high school distance runner proba- bly was thanking his lucky stars. Juiliano, a senior at Bonita High School, capped his "rookie season" in the 800 meters with an all-out, but fu- tile, assault on Mission San Jose phenom Jonathon Ste- vens in the CIF State Track and Field Championships at Cerritos College. Stevens, nationally ranked in three distance events, bare- ly held off Juiliano to secure the second half of his 1,600.800 double, the first such title combination at the state meet in 75 years. Stevens, who ran a brilliant tactical race to win the 1,600 ear- lier nminutes, thmee outseconkicked Juiliano over the final half lap to win in 1:52.07. Juiliano, who took up the event this spring after special- izing in the intermediate hur- dles last season, was second in a lifetime -best 1.52.50, which ranks 11th in the na- tion this spring and eighth in valley history. The Bearcats standout ad- miffed the two -lap race turned more into a test of late -race speed and will instead of mid - race tactics. -(It wasn't a factor) until the last 200," he explained. "When he made a move I said 'He's going... and I'm going with him.'" No other runners were close to matching the tan. dem's finishing kick. North Monterey's Temo Trujillo was a distant thud in 1:53.36. "We kind of figured a top - three finish (was in the cards)," said Bonita coach Dave Dangleis, one of 'about 40 coaches and supporters' Juiliano thanked in victory. "Coming off the (final) SONINS Dai': e 800 rr , e r� Track and P(' 'hampions, 1p.>'itr Colle ,,The real kev , -,he i,tAXI We were hop r. Stevens would be chalenged there more than he ac ualh was." Juiliano was among five area athletes earning medals with a top -six finish. Wilson's Ricrard Legarra. Diamond Bar's Andy Badger, Covina's Sam Boswell and Walnut's Jimm' Radford also came away wit" some hard. ware. Legarra's 59-6 effort in the fifth round of the shot put was good enough for third place (Bakersfield's Van Mounts won in n6-; 1. He also had a mark of 38-9 for anoth- Ar rh ird rl a�G, . r , sh in the :9 -footer ,+ as hoplltl 9e hettei 119 �.v now, : 1d Legarra Valley rec( holder a' 'but I ha : a ,Teat se. . all in all. I c n't complain. Another athlete with no complaints was Badger, hose fourth -place mark of 48.5 was exactly one yard fatther than his best mark from last year. "My steps were slightly off, I would have liked to have been closer up (on the board)," the Brahmas senior said, "but I was pleased (with the season) overall." Pole vaulters Boswell (third in a personal best 15-2) and Radfnr� 'tied for fourth in \ she putte '`ic, ,e aus land ,)-me .earn'.3 '. i, r�-: aded performances. C, I.,().a 1; ela rankea as the meet" al standout. repeate ing the crowd 1f 11 feet bV xinning t wind aided 11.'0), hej I, - ,n, ,k.e _ \ she putte '`ic, ,e aus land ,)-me .earn'.3 '. i, r�-: aded performances. C, I.,().a 1; ela rankea as the meet" al standout. repeate ing the crowd 1f 11 feet bV xinning t wind aided 11.'0), AAV pNgado (1) Lancaster 9, Modesto 3 2155 Tennis Report 2059 - es & Schedules2160 Scoreboardes Today s Gema V. Lutheran 001 000 0 - 1 4 2 - Boxing Report 2 2 2 3 & S(hedule5 Jmdl. aLkspn 6' ono 'Ad: - San Jose at Visalia v..a•,,mo--t,clnC;on 3ucklev .-z S20ckti n at Bakersfield I `3 0 0 3 0 1 o Modesto at Lancaster Minors Lake Elsinore at High DriskillF3 Coll e _ Prep 131 a r. • __7 BASEBALL BASEBALL U10.1j Ui TORONTO D of as r het CALIFORNIA LEAGUE Firat Half p 0 Knolcn 2D 4 0 2 2 COLLEGE WORLD SERIES CIF PLAYOFFS (DUB ih1� 0 t 3 t JOCruz ct 3 rr 4 2 2 Freeway Divfatdn GB At Rosenblatt Stadium Omaha. Neo. FINALS Fridays Results 9 ,� 9 1 0 SGreen 3 2 Cnsaco n 4 ) 0 3 yy L 30 32 Pct. 384 I Friday s Resuil At Blair Field, Lonq Beach yr1UaY a[ 4 1 Slewan if 1 3 n, 0 0. COIgOo to 5 O 1 Visalia eke Elsinore 29 31 183 _ USC SU 3 Today's Game DIVISION 5 rneltl 2. Kern `/alley 11TH} G, - aql Z 1 3 Stanley ah 4 1 1 '. 2D 2 1 0 0 QUAKES 29 31 San Bernardino 25 36 .d83 - .410 5 Championship game ' 4 - Anzona State 141-22 +s_Use 48- _ DIVISION 6 3, La Verne Lutheran 1 'F4.` t q aagt2; 2 2 TFmdz 1 0 Sproule 3b 3 t 0 0 Bakersfield 23 39 371 7-5 17) 93oa'^ Grace Brethren G Today's Games Today's a4'LO[ii ' fat I , KLBvnt c 3 1 1 2 Valley Division W L PD1 GB If, H R ER BB K At Stadium EuOu AGnzU ss 4 0 6 O 11S) Toi 33 7 B fi San Jose 42 20 677 - USC 000 031 212 - 7 11 D 000 030 - 3 8 1 DIVISION t .'s, Crescents Valley 9T.�� ui ST 022- s Lancaster 34 28 33 28 .548 8 S.5 LSU 000 csperanza (21-%-" 24-3-1', 7 30 0 IT x001 S� BID 300 102- 7 High Desert 33 29 _541 9 Penney -ane 181 ane Munson Thomason. DIVISION 2 jmLk!2 P Modesto Stockton 29 33 .532 468 13 Inomasonlor, 31 ' 20 14Rse-"SC. Prversda Poly �..22-6i vs, Corona 123-7' @uUerd apna12),Lieberenal(5).SGreen Nka 2, Toronto t. LOB- 6.29---deneners In), Friday's Results QUAKES 7, San Bernardino 3 Penney. 3-4 --u ensDerq. _wwsoa uu..zaumcm. 4 30 0. m. DIVISION 3 I A 10j xa I' 1- pomp Mal (8), SGreen 112), KLBrown San Jose 7. Visalia 6 TRACK Westlake x,19-10) ':s. South HI S Q4-41. j1S 3foi '121. Stand (121. SB--Abreu Stockton 5. Bakersfield 1 ;,. m. D UD DLa pNgado (1) Lancaster 9, Modesto 3 Ip N R ER 80 SO High Desert 6. Lake Elsinore 5 Today s Gema V. Lutheran 001 000 0 - 1 4 2 Lake Elsinore at QUAKES 2 2 2 3 San Bernardino at QUAKES Jmdl. aLkspn 6' ono 'Ad: - San Jose at Visalia v..a•,,mo--t,clnC;on 3ucklev .-z S20ckti n at Bakersfield I `3 0 0 3 0 1 o Modesto at Lancaster •'- 1.3 2 2 2 Lake Elsinore at High DriskillF3 3 2 1 O 2 ku Ur TIr tMiLevn51. Sy Ggantnll ISRole i. • at Vp- Green. • • k51000) N.Y. YANKEES SAN BERNARDINO QUAKES h of so r h IN ab r h bi ao r If lei p 0 Knolcn 2D 4 0 2 2 Mom of 3 1 1 0 McClure 2b 4 0 3rasius 3b 4 0) 3 Allen n 3) 0 3 Kent 3b 4 3 2 - 0 3 0 Nein it 4 1 2 0 Gallo ss 3 3 0 2 LOYD C 5 2 3 3 7 -lurtru'o 2 0 1 1 Lailp 41 1 0 Gonzaiezon3 2 2 1 0 3WIIms of 3 1 7; Snow on 4 0 0 0 PaelareK 10 4 0 2 0 3 Slrwor an 3 1 Phoenix 8 2 0 1 0 Johnson tt 5 0 0 1 0 Cunis 1 3 1) 3 Aulerson ph 1 0 0 0 Kennedy or 4 0 1 ) o 3 it i s 3 '' 0 Saint 3b 4 0 2 1 Seal It 3 2 4 3 0 3 Solo ss 3 0 3 1 Gouge 2b 3 0 0 0 Carmona ss 4 1 2' 5 0 TOts1s 29 5 7 5 McCrottyc 2 1 1 0 000 pop 100- t Toolls 29 3 5 3 Totals 38 713 6 000 am 22:- 5 San Bernardirte 101 001 000 -3 Wuch (6). OP--Bonoa 1..'J v. QUAKES 010 102 121 -7 3onaa 3. N.Y. Yankees 9. 28- E - Gallo. Leach, Morse. DP - Quakes 1 1(5), O'Neill 1101. Gitardi 121. LDB -San Bernardino 4 Deakes 14. i) SB--BWSwms i t 11 2B-McClure,.Loyd,G0n2a1ez.Pacmrek.:B- -Poyd(7) H R ER 08 SO Carmona. SH - Allen. McClure. Carmona. SF - IP Gallo, Kern. SB - Carmona (2). 6 2-3 3 3 4 4 If, H R ER BB K 1 0 2 2 2 2 Sae Bernardino 1-3 0 0 0 2 0 Morse, L 2.9 6.0 McDonald 4 3 3 2 2 0 1 4 01 0 0 0 9] 9 5 1 Lod (Knoblauchl WP• -Fontenot 1065 (57.545). HOUSTON 101 M r k of 0 0 Biggio 2b 4 0 1 a 1 0 DeBith H 4 0 1 0 1 0 Sowell to 4 0 10 2 1 Nou It 4 0 0 0 0 0 Everett of 3 0 1 0 0 0 Spiers 3b 4 0 1 0 1 1 Glerrez ss 3 0 2 0 1' Asmus c 3 0 1 3 0 0 Schrek P 1 3 0 0 0 0 Phillips on 1 0 0 0 00Mkvrsk9 0000 odeni P 0 0 0 0 OC1ark Ph 1 0 a 0 6 3 Tom 32 0 1 0 in ON Oat- 3 en ON an- a )P -Kansas City 1: Houston 1. 6, Houston 9.28-JKing (71. ether. AUSMUI Srhourek. IP H R ER BB SO 8 7 0 0 1 I 9 a 7 2 t 1 1 Kramer OURKES Middlebrook. W 2-7 7-0 6 3 3 3 5 Maurer, S 2 2.0 0 0 0 0' Umpires- Home, Bleiberg; Bases, Head. T -2:41.A-6428. NBA on�NBA PLAYOFFS FINALS (Best -91•7) (All games televised by NBC) UTAH VS. CHICAGO (Series tied 1-1) June 3: Utah 88, Chicago 85 (OT) Friday: Chicago 93, Utah 88 Sunday: at Chicago. 4:30 p.m. Wednesday: at Chicago. 6 p.m. June 12: at Chicago. 6 p.m.. 'June 14: at Utah. 4:30 p.m. 'June 17: at Utah. 6 p m. • (it necessary) NCM -CHAMPIONSHIPS 01 At sur alo, N.Y. W aesu115 r• CaV me NCAA _..radar 'rack 130 .1 F•eid Cham: onsnros a :^t C111enlr` 311 race dsi]nces �n _OemI Mae L. 400 relay- = -9 4 sate s 's G . _�J :4 3 sru j1 d 14 UCLA_ 3 6. - rs n 39 _- c:pnra. 607. 400 hurdle-'- - 46 .4 5e.:nai. c3 - .. _Jmes ..-- ^. 742 ?3..�„ sn 800- TACev s co iso•'. _ Krummaracxer. ; ;a _ - - nod^s: a, - _arna =action. '.u...�n • .i v - _ass UCLA. - 4; -5. _ -. m. r: 34, aro 37 ) 4r on3. . 3. ,.... e. n.. 1. 47 3000 Steeplechase- an rr k nv5. = ^in 595 ec rs.") s^� Mo .zr. 'A 1c'1193n 3 40 �aam 11 Sat tar. •�o'1 34 - 10 man 3oir relL3c^^3�nd- Ortocr. i lr ?_. c 3.42 -3. + 5 -muck 5131. Ckianz 3 43.33. 3 7 -`n arse. -30"1"" 3.45. ?. 3. VllgLe, Galeaf13. Yornpa 61 .: 15 2' Hammer Throw-' ,t.r "arse tag. i'AU. ,'eel. rests :ants. Bengt Johaasstln, Use.=35-1'. 3. 3. MA ka Laino.. Anacna Sl.. 234-6- 6 4. zavler I scn. 5M11 321, 3, 5 5. Acam ConroW, Stantor J, n 27 1 Trpva Sutter. Cd1. 721-9. '_ - 'damn Eidarvall- , TE° 220-7 - 3. _ustm Stand. Stanctola. 216.9, 1 Discus -1. Casey Malone, Colorado St_ 7C0 reel. 2 ncnes. 10 points. 2, Alex Forst, LSU. 35- 7, a 3 �an Waltz. Wasnington St.. 194-10. 3. 1. Christer Hallberg, Manhattan 193.2, 5. 5. Ben L,nasev, Washington 193-1. 4- 6. Jeremv iwan. Iowa. '91-'-0, 3. 7. Luke Sullivan, UCLA. 198-1. 2. 3. Brad Snyder, South Carolina. 187.4. 1 MIS'S tam scores 1. Stanford. 39 points. 2. UCLA 27. 3. Ananias. 25 '. 2. 4, SMU. 24, 5. Texas Christian 20. b, Georgia Ten, 18. 7, LSU. 16. B. Arizona, 15. 3. Long Beach St-, 13. 10. Nebraska. 12 112. to 1 Kansas St.. 10 Colorado St.. 10. 13, Iowa. 9. tie 14_ _S'U, a- Alabama. d. Clemson. 8. Cklatloma. 3. Penn St_ 8. Wisconsm. 8. USC, 5. Michigan. 3. to 21. Minnesota. 7 Oregon. 7- tie 23. Arizona St.. 6. Colorado, 5. Fresno St.. 6. Missouri. 6. Pennsylvania. 6. Vdlanova, o. Wasnmgton St_ 6 rte 70. Florida, 5. Georgia. 5- Utah St.. 5. he 34. Boston University. 4. Tennessee. 4 Portland. 4. 'ionneast Louisiana. 4. Washington. J. 50am Caroima. tie 40 Eastern AAlcmgan, 3. Cklaho - St . 3 Florlaa International 3 Brown. ; Cdhlornia. 3. Illinois. 3. Texas. 3. tie 47 'Jona Carglma St.. 2. Vorloik St.. 2_ UT`o 2 Prnceton. 2, Hamoton, 2, Manhattan 2 :.z 62. -ri ' - Montana St.. 1 Oecatolan 1D0 teat One -1. Sam Kia,, colaue. 13 1e1- 3 54 points ?. Greg ,�onnslon. Oanmoum. 3 CHICAGO (93) t ) Pippen 7.13 7.7 21. KVkoc 6-160-2 13. 4 8 Longley 2.2 0-0 4. Jordan 14-33 9-10 37. 0 Harper 1 4 1-2 3. Rodman 1.1 1.2 3, Kerr 1- 5 4.4 7.. 3uecnier 0-0 0-0 D. Burrett 250 0 5 Narn• rgton 0-1 ",-0 0 -„tats 24.80 22-27 VISION 4 esinunster La Oumta 130.11 4s. Ocean Q'.V race pi �p� ,?0.1-31, 10 a rt. 1�1LrT1 ,t`I '17C7 V. Lutheran 001 000 0 - 1 4 2 do Brethren 111 000 I - 3 5 ,jut - find U Jmdl. aLkspn 6' ono 'Ad: - It3 v..a•,,mo--t,clnC;on 3ucklev .-z cx•ev 3eaucnamo r� :!P :^cs_� P rias 3 � � 3uc� ev r�L Ulag 7 �f1r..I 1.31 ,u�xlBv'iGd h mCspn 61 4-7 _d U0 .1a tcC'a1n SGB', ku Ur TIr SOFTBALL >q s[q , M IS10, CIF PLAYOFFS CHAMPIONSHIPS Friday s ROSUh7 A Mayfair Park. Lakewood DIVISION 2 Cuaftz rill 5, Carntos 2 DIVISION 4 ,3rora Santiago 2. Rosarv0 Today s Games At Mayfair Park, Lakewood DIVISION 1 Mater Dei 129.3) vs. Ayala (21-5.11. 7J0 P.m. DIVISION 3 Pacifica 128.3) vs. St. Lucy s (254-1). ' P.M. DIVISION 5 _ Orange Lutheran 120-10) .s Calvary Chapel 122.41. 10 a.m. DIVISION 6 , Cornerstone Chnshan (20-3) n - 119.o -t i. 4:30 p.m. TRACK AND FIELD BOYS Friday's Results GIF STATE MEET PRELIMS t Cerritos College (Too qualifier for finals. plus Intana V1uev A 'inishers. Top nine quality or boar s f finals.) loom: 1. Rideaux (Long Beach c- 10.49. 200: 1. Kelly (LB Poly) 20 99 400 : Bussey (Taft) 47.49. BOO: 1.Orosco ,Tulare, 152.90. 2. Juiliano (Bonita) 1 53 21 9 Burns (Ontario) 1 55.82- 1600" : C1av''3 (Hanford) 4:14.34: 10. CeBrunl ,Ch,no, 4:19.34. 110 hh: I. Lee lDorseyi 14 03. t2. Ellis (Damien) 14.78. 300 Ih: 1. Williams (Irvine) 37,14. 400 relay: 1. Long 8eacn Poly 40.63.1500 relay: 1. Serra 3:14 05 MJ: 1- Hazelett )Granite Bay) 5-7 'ST Achio iSan Dimas) 6.4 23T. Abanoy a a(a+ no height. LJ: Preclado (Stagg) 23-0 ' 4 TJ: 1. Jones (Clayton Valley) 49-5 2. �L40.11 3/4, 11 `lavas low 3A', 1qS ilsleln (Alta Lams) 'lewark Memorial) 15-0 SP' 1 Ames iEl Capitan) 61-0 til. VT. 1 Thurman Serrai 199-11. {1 P At a a1oi. ui51. 1 kSIT oq I aU: 'au We've got the music... all summer long! Concerts in the Park Summer Lineup June 17th "Mike Henebry Orchestra" (Big Band) June 24th "Hodads" (70's Retro Party Time) July 1st "Long Beach Junior Concert Band" (Patriotic) July 8th "Doo Wah Riders" (Co untry-Western/Bluegrass) July 15th "Film at Eleven and the Late Breaking Horns" (Classic 60's) July 22nd "Mid West Coast Band" (Top 40 Contemporary) July 29th "Sapadi I la" (calypso) August 5th "Bobby Cochran and the Rock Around the Clock Show" (50;s) August 12th "Alturas" (Latin Jazz) For additional information, call the Recreation Services Division at (909) 396-5694. City of Diamond Bar • California 1 -888 -777 -CITY v cover'I'llbeelf Date: 6--' �,�;) - i� Time: j S No. of Pages: c-, including cover sheet 0 TO: 210 0C, C,I V0g�,V br,/ D 1 COJ-�nO✓ Company: Phone: FAX: �► FROM: ✓�� e, �� Division: Phone: FAX: Comments: =)TJX n'1Qt�n� ,X ,)o b - 1 S City of Diamond Bar 21660 E. Copley Drive, Suite 100 Diamond Bar, CA 91765-4177 909-860-2489 - 909-861-31 17 (FAX) Internet., httpIA44s !ci diamond-barc3. us MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL FROM: TERRENCE L. BELANGER, CITY MANAGER RE: SUPPLEMENTAL XEROX COST INFORMATION DATE: JUNE 16, 1998 The staff prepared and transmitted a report and recommendation regarding the purchase of two (2) copiers. The staff recommended purchasing the copiers from Xerox Corporation, in the amount of $44,382.50. It was also recommended that the City enter into a maintenance agreement, in the amount of $1,212 per month. The recommended vendor's monthly maintenance amount, over a five year period, would be $249 (net). However, since the preparation of the report, the Xerox Corporation has responded to staffs request to reduce the maintenance amount. Xerox will not charge for maintenance of the two machines in the month of July, in each of the years of the maintenance agreement. The value of this forbearance is $6,063 or $101/month, over the five year comparison period. Also, the Xerox Corporation will provide the necessary phone share devices, which are used to operate the Sixth Sense System on- line equipment monitoring system ($400). With these reductions, the net maintenance cost difference is $136/month. Again, the staff recommends the purchase of two (2) 5100A copiers from Xerox Corporation, because the lower copier unit price, the advanced on-line copier maintenance system, the comparative age and actual previous copier usage and the Total Satisfaction Seven Year Guarantee; notwithstanding the difference in maintenance costs. MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR JUNE 2, 1998 CLOSED SESSION: 5:30 p.m. Conference with legal counsel regarding anticipated litigation - Significant exposure to litigation pursuant to California Government Code Section 54956.9(b) (Number of potential cases: One) Conference with legal counsel regarding existing litigation - Pursuant to California Government Code Section 54956.9(a): a. Monterey Dunes, Inc. v. City of Monterey, United States Supreme Court, Case No. 97-1235 (Amicus support requested). b. Kobzoff v. Harbor UCLA Medical Center, Case No. B099100 (Amicus support requested). ADJOURNMENT: 6:30 p.m. 2. CALL TO ORDER: Mayor Herrera called the meeting to order at 6:43 p.m. in the South Coast Air Quality Management District Auditorium, 21865 E. Copley Drive, Diamond Bar, California. The City Attorney reported that the only action taken during closed session was agreement among the Council to join in the "Friends of the Court" briefs in the cases Monterey Dunes, Inc. v. City of Monterey and Kobzoff v. Harbor UCLA Medical Center. PLEDGE OF ALLEGIANCE/ Brownie Troop 414 - Leaders: Yvonne Lawson & INVOCATION: Vivian Hemming 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 Director of Public Works; Bob Rose, Community Services Director; Mike Nelson, Communications & Marketing Director; Joann Gitmed, Senior Accountant and Lynda Burgess, City Clerk. APPROVAL OF AGENDA: CM/Belanger requested that Consent Calendar Items No. 6.6 a. and b. be moved to Item No. 7.1, discussion of the Fiscal Year 1998/1998 Municipal Budget. 3. 3MIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 3.1 Presented Certificate of Recognition to Sharron Shepard, Outgoing Diamond JUNE 2, 1998 PAGE 2 Heights Girls Softball League President. 3.2 Presented Certificate of Recognition to Dr. Gerald Zunino - Honoree, "Older Americans Recognition Day" - May 20, 1998. 3.3 Presented City Tile to Al Stone, retiring Principal, Evergreen Elementary School. 3.4 Proclaimed June 14, 1998 as "Flag Day". RECESS: M/Herrera recessed the meeting at 7:05 p.m. RECONVENE: M/Herrera reconvened the meeting at 7:16 p.m. 4. PUBLIC COMMENTS: Stuart Pompel, Pacific Crest Drum & Bugle Corps, thanked the Council for allowing his group to perform at the City's 9th Anniversary Celebration. He spoke about the group's forthcoming summer tour and competitions. Dr. Lawrence Rhodes asked Council to immediately cancel the current contract with the Pomona Valley Humane Society and contract with L.A. County Animal Control for these services. He further asked that Council place this matter on the next meeting's agenda. Clyde Hennessee asked for clarification of Consent Calendar Item No. 6.8. Bill Kee, Diamond Bar Improvement Association, asked for volunteers to participate in painting another D.B. home on Saturday, June 6, 1998. 5. SCHEDULE OF FUTURE EVENTS: 5.1 SOLID WASTE TASK FORCE - June 8, 1998 - 6:30 p.m., Room CC -2, SCAQMD, 21865 E. Copley Dr. 5.2 PLANNING COMMISSION - June 9, 1998 - 7:00 p.m., SCAQMD Auditorium, 21865 E. Copley Dr. 5.3 OFF-SITE PARKING TASK FORCE - June 10, 1998 - 6:30 p.m., Room CC - 2, 21865 E. Copley Dr. 5.4 TRAFFIC & TRANSPORTATION COMMISSION -June 11, 1998-7:00 p.m., SCAQMD Hearing Board Room, 21865 E. Copley Dr. 5.5 CITY COUNCIL MEETING - June 16, 1998 - 6:30 p.m., SCAQMD Auditorium, 21865 E. Copley Dr. JUNE 2, 1998 PAGE 3 5.6 8th ANNUAL SUMMER CONCERTS IN THE PARK SERIES BEGINS - June 17, 1998 - Mike Henebry Orchestra - 6:30 p.m., Sycamore Canyon Park. 5.7 "SPRING INTO SUMMER" CARNIVAL sponsored by Pop Warner Football - June 4 through 6, K -Mart parking lot. 5.8 WALNUT SHERIFF'S STATION OPEN HOUSE -June 6, 1998 - 10:00 a.m. to 1:00 P.M. 6. CONSENT CALENDAR: Moved by MPT/Chang, seconded by C/Huff to approve the Consent Calendar with the exception of Items No. 6.6 (moved to Agenda Item No. 7.1), 6.11 and 6.12. 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 May 18, 1998 - As submitted. 6.1.2 Adjourned Regular Meeting of May 18, 1998 - As submitted. 6.2 APPROVED VOUCHER REGISTER - dated June 2, 1998 in the amount of $931,583.38. 6.3 REVIEWED AND APPROVED TREASURER'S REPORT - for the month of April, 1998. 6.4 DENIED CLAIM FOR DAMAGES - Filed by John Santoya May 6, 1998 and referred the matter for further action to Carl Warren & Co., the City's Risk Manager. 6.5 APPROVED NOTICE OF COMPLETION FOR BREA CANYON ROAD AND PATHFINDER ROAD STREET REHABILITATION PROJECT - accepted work performed by Calmat Co. and authorized the City Clerk to file the proper Notice of Completion and release any retention amounts per previously approved plans and specifications. 6.7 a) AWARDED CONTRACT FOR CONSTRUCTION ADMINISTRATION/INSPECTION SERVICES FOR DIAMOND BAR REHABILITATION BETWEEN PALOMINO DRIVE AND NORTHERLY CITY LIMIT AT TEMPLE AVENUE - (a) authorized staff to increase the Capital Improvement Project Fund/Budget to an amended total project budget of $784,167; and (b) awarded a construction contract JUNE 2, 1998 PAGE 4 to All American Asphalt in an amount not -to -exceed $628,226 and provided a contingency amount of $63,000 for project change orders to be approved by the City Manager, for a total authorization amount of $691,226. b) AWARDED CONTRACT FOR CONSTRUCTION ADMINISTRATION INSPECTION SERVICES FOR DIAMOND BAR REHABILITATION BETWEEN PALOMINO DRIVE AND NORTHERLY CITY LIMITS AT TEMPLE AVENUE - authorized the Mayor to enter into a Professional Services Agreement with Dewan, Lundin & Associates for construction administration/inspection services in an amount not -to - exceed $36,304 and provided a contingency amount of $3,600 for project change orders to be approved by the City Manager, for a total authorization amount of $39,904. 6.8 ADOPTED RESOLUTION NO. 98-34: A JOINT RESOLUTION OF THE BOARD OF SUPERVISORS OF LOS ANGELES COUNTY GENERAL FUND, LOS ANGELES COUNTY LIBRARY, LOS ANGELES COUNTY FLOOD CONTROL, LOS ANGELES COUNTY CONSOLIDATED FIRE PROTECTION DISTRICT, LOS ANGELES COUNTY FIRE-FFW THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO. 21 OF LOS ANGELES COUNTY, AND THE GOVERNING BODIES OF CITY OF DIAMOND BAR, GREATER LOS ANGELES VECTOR CONTROL DISTRICT WVWD - IMPROVEMENT DISTRICT #3 AND #4 APPROVING AND ACCEPTING NEGOTIATED EXCHANGE OF ANNEXATION OF PROPERTY TAX REVENUES RESULTING FROM ANNEXATION TO COUNTY SANITATION DISTRICT NO. 21. 6.9 ADOPTED RESOLUTION NO. 98-35: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE INSTALLATION OF A STOP SIGN AT THE INTERSECTING LEG OF HIGH KNOB ROAD AT GREYCLOUD LANE. 6.10 EXONERATED GRADING (FAITHFUL PERFORMANCE, LABOR & MATERIAL) FOR 21951 GOLDEN SPRINGS DRIVE, COUNTRYSIDE SUITES - Bond No. 149-25-80 in the amount of $8,928 posted with the City on January 8, 1997 and directed the City Clerk to notify the Principal and Surety of this action. MATTERS WITHDRAWN FROM CONSENT CALENDAR: 6.11 CONTRACT AMENDMENT WITH J. MICHAEL HULS, R.E.A., TO INCLUDE PERFORMING EDUCATION SITE VISITS UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) MUNICIPAL STORMWATER PERMIT. JUNE 2, 1998 PAGE 5 C/Ansari asked how all the site visits can be accomplished during the month of June and what penalties would be invoked for non-compliance. Mr. Huls responded that site visits take less than an hour each to conduct and there should be no difficulty in completing the task. He explained that there is potential for fines in the event the storm water permit is not fulfilled. In addition, there is threat of litigation by environmental "watchdog" groups. C/Ansari moved, C/O'Connor seconded, to (a) authorize staff to increase the revenue and expenditure accounts in the Integrated Waste Management Fund by $3,276; and (b) authorize the Mayor to execute an amendment with J. Michael Huls, R.E.A., in an amount not -to -exceed $3,276. 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 6.12 RESOLUTION NO. 98-36: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING ADVANCE AND REIMBURSEMENT AGREEMENT NUMBER 8 WITH THE DIAMOND BAR REDEVELOPMENT AGENCY. C/Huff asked what projects are included in this resolution. CM/Belanger responded that this resolution involves preparation of site schematics for several commercial areas that are located within the Redevelopment Agency's Economic Revitalization Area as previously discussed during a City Council Study Session. The first proposal includes properties at Grand Ave. and Golden Springs Dr.; K-Mart/D.B. Village, Vons/Sav-on, Country Hills Towne Center and a fifth site to be selected by the Economic Development Committee. C/Huff moved, C/Ansari seconded, to adopt Resolution No. 98-36. MPT/Chang offered an amendment to the motion to direct that the Country Hills Towne Center be the first area schematic to be designed. C/Huff and C/Ansari accepted the amendment. Following explanation by CM/Belanger, MPT/Chang withdrew his amendment. Motion carried by Roll Call vote to adopt Resolution No. 98-36 approving Advance and Reimbursement Agreement No. 8 for retention of Urban Design Studio to prepare conceptual site planning and design in the amount of $35,000. JUNE 2, 1998 PAGE 6 $35,000. AYES: COUNCIL MEMBERS - Ansari, Huff, O'Connor, MPT/Chang, M/Herrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None PUBLIC HEARINGS: 7.1 1998-1999 MUNICIPAL BUDGET - CM/Belanger explained that the FY 98/99 General Fund Budget estimates overall resources to be $10,812,050. and proposes $10,477,125 in expenditures. The proposed Capital Improvement Program Budget is project to be $6,235,852. C/Ansari asked if the proposed budget includes an in-house recreation program. CM/Belanger responded that although an in-house proposal has been prepared, there are personnel and administrative cost considerations that have not yet been factored in and the proposal is not included in the proposed budget. The proposed budget includes a contracted recreation program. C/Ansari said she would like Council to discuss an in-house recreation program. CM/Belanger recommended a June 16, 1998 study session be conducted to discuss the matter. M/Herrera asked that staff research costs for contracting with L.A. County Animal Control prior to the next meeting. Following discussion, Council concurred to direct staff to use C.O.P.S. funds to provide overtime for Walnut Sheriffs personnel to enforce traffic regulations at school sites. M/Herrera opened the Public Hearing. Clyde Hennessee said that Council has given raises and bonuses to staff over the last few years that exceed the cost of living index and that they have a tendency to upgrade job titles in order to give staff raises. He expressed concern that taxes will increase or layoffs will occur when the City has financial difficulties. He is concerned about the cost to the City for the increase in retirement benefits. He spoke about the new franchise tax fee charged by Century Cable. JUNE 2, 1998 PAGE 7 CM/Belanger explained that the City has been providing retirement benefits through the Public Employees Retirement System (PERS) for staff since incorporation. The proposed 2% at age 55 formula merely provides for early retirement benefits. Under the current system, normal retirement age is 60. The difference in cost between the two systems is approximately $35,000 net to change from an- age 60 to age 55 system. Dr. Lawrence Rhodes recommended that the City terminate the Inland Valley Humane Society contract "for cause" so that termination could be immediate. CM/Belanger provided a report on the Special Funds. C/O'Connor suggested that the City obtain $2,100 from the Narcotics Asset Program to provide for a skateboarding display during the City's 10th Anniversary Celebration to demonstrate drug-free activities for youth. Council concurred. C/O'Connor asked that the Council consider placement of spanner -banners for community organizations to advertise their activities. C/Ansari pointed out that this year's anniversary signs were useless because they were unreadable. M/Herrera continued the Public Hearing to June 16, 1998. C/Ansari moved, MPT/Chang seconded, to approve first reading of Ordinance No. 26A (1989), amending Ordinance No. 26 (1989) and authorizing an Amendment to the contract with the Board of Administration of the California Public Employees' Retirement System. 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. OLD BUSINESS: None 9. NEW BUSINESS: None RECESS TO REDEVELOPMENT AGENCY MEETING: 9:25 p.m. RECONVENE CITY COUNCIL MEETING: 9:35 p.m. 10. COUNCIL SUB -COMMITTEE REPORTS: MPT/Chang reported on his attendance at the recent Shopping Center Convention in Las Vegas. He attended JUNE 2, 1998 PAGE 8 the Mt. SAC awards dinner. He further announced that Council and staff held a lunch meeting with members of the Walnut Sheriffs Department today. C/O'Connor spoke about the 10th Anniversary Subcommittee meeting, Finance Committee meetings, and the final Solid Waste Committee meeting which will be held on Monday, June 8, 1998. C/Huff stated that he and C/Ansari met with Walnut School District representatives to discuss items of mutual concern. He commented on the final Solid Waste Committee meeting that will be held next week. M/Herrera stated that she, MPT/Chang and C/O'Connor attended the International Council for Shopping Centers Convention in which 26,000 people participated. 11. COUNCIL MEMBER COMMENTS: C/Ansari stated that Mt. SAC will hold a Small Business Conference breakfast on June 16, 1998. MPT/Chang suggested that if an election day falls on a regular Council meeting date, Council should consider changing their meeting day so that the community can concentrate on election matters. C/O'Connor said she represented the City at the Pomona Unified School District Community Service Awards ceremony. She participated in the first annual Diamond Ranch High School Golf Tournament. The Chamber of Commerce will sponsor its golf tournament on Friday, June 5, 1998 at the D.B. Golf Course. She congratulated all graduate students and reminded residents that school will be out next week and that they should drive carefully. 12. ADJOURNMENT: There being no further business to conduct, M/Herrera adjourned the meeting at 9:47 p.m. Lynda Burgess, City Clerk ATTEST: Mayor CITY OF DIAMOND BAR MINUTES OF THE TRAFFIC AND TRANSPORTATION COMMISSION APRIL 9, 1998 CALL TO ORDER: Chair/Leonard-Colby called the meeting to order at 7:10 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 Vice Chair Virginkar. ROLL CALL: Commissioners: Chair Leonard -Colby, Vice Chair Virginkar and Commissioner Lin. Absent: Commissioners Istik and Morris Staff: David Liu, Deputy Director of Public Works; Tseday Aberra, Administrative Assistant, and Lt. Stothers, Walnut Sheriffs Department. I. REORGANIZATION OF THE TRAFFIC AND TRANSPORTATION COMMISSION. Chair/Leonard-Colby opened the nominations for Chairman of the Traffic and Transportation Commission. Vice Chair/Virginkar nominated Commissioner Leonard -Colby. Commissioner Lin seconded the nomination. There were no other nominations offered. Commissioner Leonard -Colby was elected Chairman of the Traffic and Transportation Commission by a Roll Call vote of 3-0 with Commissioners Istik and Morns being absent. Chair/Leonard-Colby opened nominations for Vice Chairman of the Traffic and Transportation Commission. APRIL 9, 1998 PAGE 2 Vice Chair Virginkar nominated Commissioner Morris to serve as Vice Chairman of the Traffic and Transportation Commission. Chair/Leonard-Colby seconded the nomination. Commissioner Morris was elected Vice Chairman of the Traffic and Transportation Commission by a Roll Call vote of 3-0 with Commissioners Istik and Morris being absent. APPROVAL OF MINUTES A. Minutes of March 12, 1998. C/Lin moved, Chair/Leonard-Colby seconded, to approve the minutes of March 12, 1998 as presented. The motion was approved with the following Roll Call vote: AYES: COMMISSIONERS: Lin, Chair/Leonard-Colby NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: Virginkar ABSENT: COMMISSIONERS: Istik, Morris M. COMMISSION COMMENTS: None IV. PUBLIC COMMENTS: None V. CONSENT CALENDAR: A. Parking Restriction on Pathfinder Road Bridge. -%ff-r=nmuaen&q that the Traffic and tranknortation Commission concur with staffs recommendation to'install'"No Stopping Anyfime"- iigns onYne notin and south sides of Pathfinder Road Bridge. C/Virginkar moved, C/Lin seconded, to concur with staffs recommendation to install "No Stopping Anytime" signs on the north and south sides of Pathfinder Road Bridge. The motion was carried 3-0 with the following Roll Call vote: AYES: NOES: ABSENT VI. OLD BUSINESS: COMMISSIONERS COMMISSIONERS: COMMISSIONERS: Lin, Virginkar, Chair/Leonard- Colby None Istik, Morris APRIL 9, 1998 PAGE 3 A. Request by Evangelical Free Church of Diamond bar to park on southbound Diamond Bar Boulevard between Cherrydale Drive and Brea Canyon Road on Wednesdays. AA/Aberra presented staffs report. Staff recommends that the Traffic and Transportation Commission concur with staff to deny the request to park on southbound Diamond Bar Boulevard between Cherrydale Drive and Brea Canyon Road on Wednesdays from 8:45 a.m. to 12:30 p.m. Chair/Leonard-Colby asked for public comment. Melinda McCubbin, Church Coordinator for Wednesday morning Bible study, stated the church is scheduled to commence construction in August, 1998 which will reduce on-site parking. The church is asking for permission to temporarily park on Diamond Bar Boulevard from 8:45 a.m. until about 12:00 noon from September to May for the next two to three years until construction is completed. There are approximately 120 women who attend the Wednesday morning Bible study group and approximately 40-50 children attend pre-school at the same time. The adjacent businesses have requested that the Church participants not park in their business parking lots on weekdays. Previous one - day requests for church participants to park on Diamond Bar Boulevard on Wednesday mornings have not caused a negative impact on the area traffic. Mark Hopper, Evangelical Free Church Pastor, said the church has received permission from the City to park on Diamond Bar Boulevard on Sundays which has been very helpful. In addition, two or three times during the year on Wednesdays, the church has been granted special event street parking. The church has not received any complaints or concerns from residents. The church has a limited amount of parking spaces. The current request is limited to non -commute hours. He said he believes the church offers a positive benefit to the community and ask for the Commission's help in granting this request. CNirginkar said that the letter received from Mark Hopper seems to request parking on Diamond Bar Boulevard on Wednesdays on a permanent basis because there was no mention about the reason explained by Mrs. McCubbin. He asked for clarification. Mark Hopper responded that regardless of the impending construction, parking will be at a premium. The church will appreciate the city allowing the women's study group to park on the street during construction. He asked that the Commission also consider Wednesday street parking on a permanent basis. He recommended the City grant a trail period of three months to determine if the APRIL 9, 1998 PAGE 4 request is feasible on a long-term or permanent basis. DDPW/Liu stated that staff was not aware of the details of the request until the applicants spoke this evening. Staff would like the opportunity to further investigate the matter and report its findings at the next meeting on May 14, 1998. He indicated that there is a consistent policy for "No Parking Anytime" on major boulevards with special dispensation. From an engineering standpoint, the bike lane is adequate to accommodate the parking request. However, staff is concerned about the site visibility around the driveways and potential conflict between bicyclists and motorists. Adoption of the proposed Development Code may require one parking space for every three people occupying the building instead of the current one parking space for every five people. The Commission concurred to continue this matter to the May 14, 1998 Traffic and Transportation Commission meeting. B. Goals and Objectives of the Traffic and Transportation Commission. DDPW/ presented staffs report. Staff recommends that the Traffic and Transportation Commission continue to numerically prioritize the attached goals and objectives for review and discussion at the next Commission meeting. CNirginkar moved, C/Lin seconded, to continue this matter to a 6:00 p.m. work session on May 14, 1998. The motion was carried 3-0 with the following Roll Call vote: AYES: COMMISSIONERS: Lin, Virginkar, Chair/Leonard- Colby NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Istik, Morris VII. NEW BUSINESS: A. Request for a stop sign at intersecting leg of High Knob Road at Greycloud Lane, and centerline striping along High Knob Road and Sylvan Glen Road. AA/Aberra presented staffs report. Staffrecommends that the Traffic and Transportation Commission recommend to the City Council the installation of a stop sign at the intersecting leg of High Knob Road at Greycloud Lane with APRIL 9, 1998 PAGE 5 warning signs along High Knob Road and Sylvan Glen Road. It is also recommended that the Commission concur with staff and deny the request to install centerline striping on High Knob Road and Sylvan Glen Road at this time. Diana Arebalo, 1113 Greycloud Lane, stated she submitted the original request for consideration of this item to the City of Diamond Bar. She requested the Commission consider installation of her original request for the centerline striping on High Knob Road and Sylvan Glen Road in addition to installation of the stop sign. Mrs. Arebalo responded to C/Lin that speed limit signs would help to reduce speeding vehicles. DDPW/Liu indicated to C/Lin that High Knob Road and Sylvan Glen Road do not meet the city's has criteria for centerline striping. DDPW/Liu responded to C/Virginkar that installation of the stop sign on High Knob Road at Greycloud Lane fulfills a provision of the California Vehicle Code and does not require a warrant. C/Lin moved, Chair/Leonard-Colby seconded, to concur with staffs recommendation to recommend to the City Council the installation of a stop sign at the intersecting leg of High Knob Road at Greycloud Lane with warning signs along High Knob Road and Sylvan Glen Road and deny the request to install centerline striping on High Knob Road and Sylvan Glen Road at this time. The motion was carried 3-0 with the following Roll Call vote: AYES: COMMISSIONERS NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: VIII. STATUS OF PREVIOUS ACTION ITEMS: Lin, Virginkar, Chair/Leonard- Colby None Istik, Moms DDPW/Liu reported that on Tuesday, April 7, 1998, Joe Foust, Austin -Foust Associates presented the School Traffic Study results and recommendations. The City Council will conduct a study session on May 1, 1998 to further discuss this matter. It is anticipated that this item will be agendized for the May 5, 1998 City Council meeting. IX. ITEMS FROM COMMISSIONERS - None APRIL 9, 1998 PAGE 6 X. ITEMS FROM STAFF: A. Monthly Traffic Enforcement Update: January and February, 1998. Lt. Stothers presented the Traffic Enforcement Update for January and February. The enforcement index for January was 49.0 and the enforcement index for February was 32.0. He stated the Sheriffs Department strives to maintain a 3 0. 0 enforcement index. The Commissioners reinforced their desire to have a Sheriffs Department representative available for the Traffic and Transportation Commission meetings. Lt. Stothers indicated he will have a representative available for subsequent meetings. ChairALeonard-Colby indicated she hears members of the public refer to Diamond Bar as a speed trap. Lt. Stothers responded that three years ago the enforcement index was in the high 60's which means that the Sheriffs Department was writing tickets without particular emphasis to reducing traffic accidents. Over the next couple of years, the Sheriff s Department focused on writing tickets toward hazardous citations which reduced the number of citations and at the same time, achieved a balance of writing good tickets. XL INFORMATIONAL ITEMS: A. Off -Site Parking Task Force Update. Chair/Leonard-Colby presented the update. B. Trash cans near bus stops along Golden Springs Drive. AA/Aberra responded to a previous question from C/Morris, that trash cans are automatically installed in bus shelters. The city is responsible for placement of trash cans which are maintained by the bus shelter advertiser. DDPW/Liu stated that if additional trash cans are installed at bus stop locations, cost, location and maintenance are the responsibility of the city. Staff recommends that no additional trash cans be installed at this time. The APRIL 9, 1998 PAGE 7 city's maintenance company provides maintenance along roadway and parkway areas. C. Illegal street crossing on Golden Springs Drive near Golden Springs Elementary School. AA/Aberra stated that based upon C/Morris' concern she reported this matter to the Sheriffs Department. D. City of Industry Development. DDPW/Liu stated that C/Istik requested information regarding the grading activities that are taking place in the City of Industry. The Industry -East Industrial Park is a 70 acre site with a total of 13 lots and 14 proposed buildings ranging in size from 60,000 square feet to 545,000 square feet. All accesses will be from Grand Avenue and no access will involve Sunset Crossing Road. The Environmental Impact Fees and the Traffic Impact Fees have been paid. E. "One Way" sign on southbound Diamond Bar Boulevard at Post Office/Rudy's Pizza driveway. DDPW/Liu responded to C/Lin's question that the one-way sign is a divided roadway indicator required by CalTrans. F. Placement of speed trailer on Gold Rush Drive. DDPW/Liu stated this matter has been referred to the Sheriffs Department for scheduling. G. Future Agenda Items. As Scheduled. XII. SCHEDULE OF FUTURE CITY MEETINGS: As presented. Chair/Leonard-Colby stated the next Off -Site Parking Task Force meeting will be held on April 22, 1998. XIII. ADJOURNMENT: There being no further business to come before the Traffic and Transportation APRIL 9, 1998 PAGE 8 Commission, CNirginkar moved, C/Lin seconded, to adjourn the meeting. Chair/Leonard-Colby adjourned the meeting at 8:25 p.m. to 6:00 p.m. on May 14, 1998. Respectfully, /s/ David G. Liu David G. Liu Secretary Attest: /s/ Joyce Leonard Joyce Leonard Chairperson MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION APRIL 28, 1998 CALL TO ORDER: Chairman McManus called the meeting to order at 7:05 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 Vice Chairman Tye. ROLL CALL: Present: Chairman McManus, Vice Chairman Tye, and Commissioners Kuo, Nelson and Ruzicka. Also Present: Deputy City Manager James DeStefano, Director of Public Works George Wentz, and Associate Planner Ann Lungu. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None APPROVAL OF AGENDA: As submitted. CONSENT CALENDAR: 1. Minutes of April 14, 1998. C/Ruzicka moved, C/Nelson seconded, to approve the minutes as presented. The motion was carried 5-0. OLD BUSINESS: 1. Planning Commissioner's Policies & Procedures Manual. AstP/Lungu presented the revised manual which included the comments and recommendations received at the April 14, 1998 Planning Commission. Staff recommends that the Planning Commission receive and file the adopted Planning Commission Policies and Procedures Manual. The Planning Commission unanimously concurred to receive and file the Planning Commission Policies and Procedures Manual as presented. NEW BIISINESS - None CONTINUED PUBLIC HEARINGS: APRIL 28, 1998 PAGE 2 1. Vesting Tentative Tract Map No. 52267, Conditional Use Permit No. 98-03, Oak Tree Permit No. 98-01 and Environmental Impact Report No. 97-2, Volume I and II for VTTX No. 52267. VTTM No. 52267 is proposed for 130 single-family detached residential dwelling units clustered on approximately 65 acres of a 339.3 acre site. The development is proposed as a private, gated community. Lots will range in size from 6,000 square feet to 26,000 square feet with an average lot size of 10,900 square feet. The gross proposed density is 0.4 dwelling units per acre with a net density of approximately 2.06 dwelling units per acre. (Continued from the February 24, 1998 meeting.) Property Address: Generally located east of Diamond Bar Boulevard and north of Grand Avenue. Property Owner: Diamond Hills Ranch Partnership 550 W. Orangethorpe Avenue Placentia, CA 92870 Applicant: Todd Kurtin, SunCal Companies 5109 E. LaPalma Avenue, Anaheim, CA AstP/Lungu presented staff's report. The alternatives include a proposal for 120 units and a second proposal for 130 units on Lot 6. The City's Environmental Consultant Tom Smith, Bontara Consulting, presented an overview of the Environmental Impact Report (EIR). He explained the differences between the two proposals. He stated that three technical areas received special studies as part of the evaluation of the Response To Comment Alternative: Grading, Hydrology and Biology. Staff recommends that the Planning Commission: Open the public hearing; receive comments on the project; close the public hearing and begin deliberations on VTTM No. 52267 and its entitlements, working toward a conclusion with recommendations for City Council's consideration; and direct staff to prepare appropriate documentation in support of the Planning Commission's recommendations. Staff is in support of the 130 unit project subject to the following: Approximately 273 acres of the project area (excluding the manufactured slopes and including the remaining natural portions of Lots 4, 5, & 7, and all of Lot 9 of Tract 31479 dedicated to the City as public open space, and a contribution to the City's Parks and Acquisitions Fund. APRIL 28, 1998 PAGE 3 DCM/DeStefano stated that all public correspondence received by the City of Diamond Bar regarding this project have been forwarded to the Planning Commission. DCM/DeStefano responded to Chair/McManus that staff has discussed a specific amount of contribution from the developer. Staff has not discussed this matter with the developer. Bruce Elieff, SunCal Companies, said it his hope that in the time this project has been before the City for consideration that the public would have the facts of the proposed development and not be confused with fiction. He stated that his company sent approximately 2,000 brochures explaining the proposed project to residents surrounding the proposed project. Return cards were enclosed with the brochure. SunCal received three completed return cards. He said that SunCal believes the 130 unit project presents the superior alternative and enables the city to take ownership of many acres of native land. He stated he read staff's report. With respect to conditions, he explained that his company will pay appropriate fees to mitigate the city's parks system. However, SunCal feels it is inappropriate to deed Lot 9 to the city at this time because it is a separate legal parcel which is not a part of this application. Lex Williman, Planning Director, Hunsaker and Associates, San Diego, gave the Planning Commission a perspective under which this project was conceieved, how it relates to the Memorandum of Understanding (MOU) and to dispel some of the rumors and misinformation that has been presented during past public hearings. He concluded stating that 273 acres is a significant amount of land to be donated to a public entity and due to its natural habitat, it is a significant benefit to the city. C/Nelson asked Mr. Williman to compare the grade of the street with the straight run down street A of approximately 750 feet with the analogous street on the Response to Comments Alternative which has a straight run of only 500 feet and incorporates curves. Mr. Williman used the overhead maps to compare the various grades and length of grades for the two plans. C/Ruzicka asked Mr. Williman to explain his statement that giving 273 acres to the city is a significant benefit when the staff report indicates it to be a minimum benefit. He stated that the canyons and hillside grades are such that it is almost impossible to build in the area without the expenditure of significant dollars. APRIL 28, 1998 PAGE 4 Mr. Williman responded that the hillside grades on the 273 acres are no different from the hillside grades on Lot 6. Therefore, the cost to build would be approximately the same. He reiterated his statement that the natural habitat is a significant benefit to the city. Chair/McManus opened the public hearing. Steve Lasser, 23403 Stirrup Drive, reiterated his concerns about "negative cashflow" to the city for the proposed dwelling units. He asked why the city needs this project. He said that "SunCal isn't giving anything back to the city that it doesn't already have. It's deed restricted and they knew it was deed restricted when they purchased it." If SunCal is allowed to build, they should be restricted to portion for which they have a right to build. Sue Page, 1333 Sims Place, said she is confused about the proposal. She has received propaganda for and against this project. She stated her concerns regarding the proposed elimination of 430 oak trees, additional traffic, and use of dynamite during construction. DCM/DeStefano stated that staff's position is that if this project is approved, there will be no dynamiting at this site. Chair/McManus responded to Sue Page that this project will tip the air quality threshold during construction only. Sue Page asked the Commission to maintain the property as open land and not allow this project. VC/Tye reiterated Lex Williman's statement that the project is proposed on privately owned vacant land and not open space. Karen Mahoney, 23834 Country View Drive, talked about the cutthrough traffic in her neighborhood. She explained that her husband was killed on Diamond Bar Boulevard and not gift of land can replace her husband. The city has enough traffic from Chino Hills. Michael Burch, 605 S. Hoss Street, said his major concern is increased traffic as a result of the proposed project. The developers right to build should not overshadow what is best for the public good and this project is not good for the public. Sam Saffari, 24075 Highcrest Drive, stated his concerns regarding visual impact, cut and fill of millions of cubic feet of dirt, the amount of dust, exhaust and noise APRIL 28, 1998 PAGE 5 generated by grading two million cubic yards of cut and fill and its impact to surrounding residents, and no significant benefit to the city. The city should follow the Hillside Development Code. The grade is steep and only a minimum number of lots should be allowed limited to 2.5 lots per acre. Lots should be contour graded to minimize disturbance. This project does not minimize grading or disturbance, and incorporates no contour grading. This project should be redesigned to comply with the city's Oak Tree Ordinance. He presented a map of Lot 6 which shows six raptor nests that will be destroyed. He stated that Lot 5 will become a 10 acre technical island. He said it is his opinion that the amount of sediment pollution from 40 acres of hillside acres to the natural water course and the plant and animal habitat, cannot be mitigated. By virtue of the fact that the land has been vacant for a long period of time, it has become an important open space for the surrounding residents. He said that if the Commission approves this project and staff says there is no dynamiting allowed, it's just something that staff says and not necessarily what will happen. He stated that there are a lot more oak trees at the project site than are being reported. If the builder is going to give this land to Diamond Bar, and the City of Diamond Bar has ownership of this land, will the city have a declaration that says it will make the area into the park and never sell it to another builder because the coffers are empty, or because the city is going out of business? Is there any guarantee that this land is ours and nobody elses - we the people of Diamond Bar own that land and there is nobody who will every have the right to build on it? He said he understands from his counsel attorney that the MOU is non-binding on the builder. There is nothing in writing that states this is a binding contract which the city has to honor. He showed a map he acquired from Los Angeles County which shows 61 residents, the map the Bramalee offered to the city. He asked that the builder not be allowed to build outside of Lot 6. He presented a 2,000 signature petition opposing the project and stated that the 2,000 signatures represent 700 households. Allen Wilson, 22809 Hilton Head Drive Unit J7, said he moved to Diamond Bar two years ago into a project that was built by a developer and if it was not for this project he would not be living in Diamond Bar and participating in such events as the Friends of the Library and the Solid Waste Task Force. He stated he is concerned about the impact of the project on traffic and solid waste removal. He said he believes the project will be good for the city. The developer is proposing to give the city almost 300 acres of land which will triple the city's open space which tracks with the General Plan. APRIL 28, 1998 PAGE 6 He believes the developer has address staff's concerns. There was debate in the last City Council campaign about open space and considering the city will triple its open space, let's not deny this opportunity. Adnan Ayoub, 23656 Gold Nugget Avenue, said the freedom for the developer to build the project should stop because his freedom starts. Therefore, he is against the project. Ron Tehrani, 745 View Lane, asked if it is correct that the city made a non-binding agreement with the developer which it does not have to follow. He said there is no benefit for the city to remove the restriction on this land and removal of the restriction is betraying the public trust. Everyone in the process will be liable. This property is restricted from any building. Dedication is not a benefit to the city. He asked that the geotechnical will not fail and if it does, that the city will not be liable. The environmental document should have been sent to the Fish and Game Department which never saw the document and did not comment on the document. He requested that the Planning Commission direct staff to review and find options to keep these areas open space permanently and have the Parks Department maintain the area. The city should look into have a special election to let the people vote on this project. Gene Mulinex spoke about his concerns regarding the increased rate of fluid flow on paved roads during rain storms and whether Sycamore Canyon will be able to handle the increased runoff. Albert Perez, Pantera Drive, stated he does not want to take away the developer's legal right to build. He said "the Planning Commission can recommend a development that is so construed that it would make it impossible for them to build what they want to build". Christina Goode, 624 Moss, stated the developer said they did not want to give up Lot 9 to the city which would make the 273 acre donation much less. She pointed out that a significant amount of air pollution of more than 10 times over the threshold resulting from construction will have deleterious effects which she believes should stop this project. Sandra Erickson said she is purchasing a home at 24008 Highcrest Drive. She asked if where the community gates will be located, what effect 200 additional cars will have on Goldrush Drive, and what streets will be used to move construction equipment to and from the site. APRIL 28, 1998 PAGE 7 Randy Nydo, Hillcrest Drive, said the fact that this issue has gone on as long as it has should make it clear to the Commission that this matter will result in a cantankerous, torturous issue that will tear the city apart. He said he believes that because the normal ratio is 1:10, 2,000 signatures means that there are actually 20,000 people who do not want project. The city should buy this land back from the developer for 2.7 million dollars, the price he paid, plus accrued interest by means of a 10 or 20 year bond. Leonard Doyle, 626 Junewood Place, said the developer has speculated on this development and they most likely have a portfolio of developments throughout California. He stated that if this development goes forward, he loses. Julie Gomez, Chandell Place, stated her daughter has severe allergies and she is concerned about the pollutants that will result from the project's grading. She asked what recourse she has against the city or developer if she is unable to live in her home during the construction period. She asked if the 273 acres that will be deeded to the city as a result of this project is usable land and suitable for a park. If the land is not developable, it is of no benefit to the developer and therefore not a benefit to the city. She asked the Commission to consider an alternative to the proposed plan and restrict the building to Lot 6. Mike Ritchie, Leyland Drive, asked for an explanation of the inconsistencies of this project with the city's General Plan stated by Mr. Smith. He is concerned about the traffic that will be generated by the proposed project. Lex Williman, in response to questions, stated that the project proposes to have two gates. The project will have private streets that are maintained by the Homeowners Association and not by the city. He explained that Lot 9 is nat included in the 273 acres the developer has agreed to deed to the city. DCM/DeStefano responded to speaker's questions and concerns. With respect to the concern about negative cash flow related to projects of this type, he estimated that a house selling for $300 - $350,000 is about a break even proposition for taxes as opposed to goods and services purchased for the household. The project is proposed to be a gate -guarded self-contained community which significantly reduces the city's associated costs. Street maintenance, street lighting, hillside maintenance and fire services costs would be borne by the association and not passed to the city. He stated that if the Planning Commission recommends approval of this project, APRIL 28, 1998 PAGE 8 staff will prepare conditions to prohibit the use of dynamite. This project will generate an insignificant amount of additional traffic on the city's streets. The access off of Tin Drive is proposed to be this development's primary access. Highcrest.Drive will be used only as a secondary emergency ingress/egress point for emergency vehicles. This project will utilize the new Pantera Elementary School as its primary point for public education in the immediate area. The Environmental Impact Report recognizes the fact that there is significant grading which generates significant particulant emissions and that has a negative impact which cannot be fully mitigated down to a level of what is termed "significance". The EIR recognizes that the aesthetic change is a significant change that cannot be mitigated down to a level of insignificance. Regarding statements that the use of grading techniques are not in compliance with the city's ordinances, staff believes that the project as proposed to use concave and convex grading and to deviate the horizontal and the vertical delineation of the grading lines to create undulation in the slopes is in compliance with the city's grading ordinance. The landscape plan requires that revegetation techniques be employed that puts the new landscaping where the existing landscaping was or may be found in nature in compliance with the city's requirements. Regarding the project's proximity to Sycamore Canyon, the area known as Sycamore Canyon is the park immediately west of Diamond Bar Boulevard across the street from the general direction of the proposed project. The canyon on the east side of Diamond Bar Boulevard and adjacent to the proposed development is sometimes referred to as Upper Sycamore Canyon or Steep Canyon. It is difficult to pull the project away from the canyon because there are landslides in that area that need to be remediated. Fish and Wildlife and authorities of the ilk were notified of this project and did comment on the project. Generally, these types of agencies are opposed to projects of this sort. However, that does not preclude their approval of projects of this nature - they do so. We live on them. These agencies require mitigation which attempts to mimic what was in place at the time of development and acquiring land for permanent open space. The project will result in the removal of about 430 oak trees and about 30 walnut trees. The City of Diamond Bar has an Oak Tree Ordinance. It does not say preserve all of the oak trees and work around them - don't build. The ordinance desires to make such a statement and it also states that if the oak trees need to be removed for development and the development is deemed appropriate, they must be replaced according to the ordinance's replacement schedule. Currently, walnut trees are not protected by any ordinance. The replacement of walnut APRIL 28, 1998 PAGE 9 trees is an additional requirement because they exist in the area. DCM/DeStefano continued his response to public testimony. He explained the history of the Memorandum of Understand regarding development of Lot 6 which was inherited by the city from the County of Los Angeles upon incorporation. The County kept the restricted property in private hands. However, the restriction could be removed through a public process with the County of Los Angeles or with the local city. Diamond Bar faces issues similar to other cities that have incorporated within the past 15 years. If the County had accepted this property as their own, they would have passed the ownership to the City of Diamond Bar along with the parks. The issue of keeping the development entirely within Lot 6 has to do with the best use of the land for Lot 6 and is the developer's proposed configuration appropriate, or is a configuration that goes beyond Lot 6 more appropriate. And if development goes beyond Lot 6, what is the benefit to the community for giving up map and deed restrictions. Those are decisions the Planning Commission must make in looking at an environment that will exist for many decades if approved on this ridgeling. Therefore, the Commission should not be looking at the constraints of Lot 6 but rather at the best land use for the ridgeling. DCM/DeStefano stated that with respect to the comment regarding the Memorandum of Understanding, the 1992 City Council approved a non-binding agreement with Bramalee for the contemplated future development of up to 135 single family units on the ridgeling. The documents that accompanied the City Council's decision to approve that non-binding agreement showed a bubble on the ridgeling - it did not show a specific development of what the 135 units might look like and did show Lot 9 as being transferred to the City of Diamond Bar along with the balance of Lots 4, 5 and 7. In addition, it showed a possible public facility or commercial use on the flat portion of property at Goldrush Drive and Diamond Bar Boulevard. The adopted 1995 General Plan said build up to 130 units on this ridgeling and for the public to be given the opportunity to capture the property for public open space which does not necessarily mean that it would be open to the public. Chair/McManus explained that there are two references to building on this property: The Memorandum of Understanding and the City's General Plan. DCM/DeStefano stated that the EIR has determined that the proposed project mitigates fluid flow based upon the connections to the storm drain systems to a level of insignificance. APRIL 28, 1998 PAGE 10 DCM/DeStefano stated that with respect to a comment about conditioning a project to the extent that it goes away, a Planning Commission, a City Council, a City's staff legally cannot knowingly condition a project in such a manner. If the decision-making bodies wish to deny a project, they must determine why the project is inappropriate for the community. DCM/DeStefano explained that with respect to the use of Highcrest Drive for transporting construction equipment, the city can and has conditioned projects to not use certain city streets. Projects are stopped by staff for non-compliance with project conditions. Chair/McManus stated in response to concerns regarding cut -through traffic that because this project proposes one gate at the terminus of Tin Drive, cut -through traffic will be non-existent in the adjacent neighborhoods as a result of this project. DCM/DeStefano stated that the Planning Commission is considering all options and not just the 120 and 130 unit proposal presented this evening. DCM/DeStefano responded to C/Nelson that in 1992 when the east leg of Grand Avenue opened the city's license plate survey concluded that 40 percent of the traffic traveling in the area was transient traffic. The proposed project will not create any noticeable change to the traffic in Diamond Bar. A far greater impact to the city's streets is presented by the 800 new residential units being built by the City of Chino annually. DCM/DeStefano confirmed to C/Ruzicka that the total acreage for Lots 4, 5, 6, 7 and 9 is approximately 400. Lot nine is approximately 83 acres and the applicant proposes to deed approximately 273 acres to the City of Diamond. The remaining 65 acres are proposed to be graded with the residential units being placed on approximately 40 of the 65 remaining acres. The remaining 25 graded acres are slated to be regraded, relandscaped slopes that would be owned by and maintained by the homeowners association. The city has the prerogative of lifting map and deed restrictions in order to insure the best use of the land and that the project is as aesthetically pleasing to the city as possible. C/Kuo said the time has come to render a decision regarding this matter with constructive and positive input from all sides of the issue. The builder has the right to request approval to build up to 130 houses. The Planning Commissioner's are charged with the responsibility of listening to all sides and making a fair decision for the good of the entire community. The APRIL 28, 1998 PAGE 11 Commission has not pre -judged this issue. The Commission is considering all input before reaching a conclusion. VC/Tye said that for some time the Commission has heard comments that this decision is being ramroded through the system. He stated he believes those present would be pleased to have a quick decision if it was a decision with which they were happy. That is a difficult thing to balance. He asked DCM/DeStefano to elaborate on the remediation of Lot 5. DCM/DeStefano stated that it is his understanding that there are significant landslides on both the north and south sides of the proposed project which impact Lots 5 and 7. In order to produce a project on this hillside, regardless of the number of homes, those landslides must be mitigated which will require significant grading to render the hillside safe. DPW/Wentz generally concurred with DCM/DeStefano that the reason for relooking at alternatives for Parcel No. 6. Because of the soils and geology for the entire area there would be significant impact regardless of the final look of the proposed tract. VC/Tye stated his understanding that the General Plan includes consideration of Lot 9. DCM/DeStefano responded that it is staff's opinion that VC/Tye's understanding is correct. The Memorandum of Understanding clearly discusses the dedication of Lot 9 in whole to the City of Diamond Bar. The 1992 version of the General Plan discusses up to 130 units on the ridgelines, a minimum of 75 percent of the balance of the property in permanent public open space and no development on Lot 9. VC/Tye asked what the significant benefit to the city would be if Lot 9 was not included in the proposal as suggested by the developer. DCM/DeStefano said that the developer stated during previous meetings that they were willing to grant approximately 50 acres of Lot 9 to the city. The issue of whether or not the city should receive only a portion of Lot 9 is ultimately a decision of the Planning Commission and the City Council. Likewise, the issue of significant benefit for the lifting of map and deed restriction is the issue of those bodies. Staff believes that the proposal should include all of Lot 9. Chair/McManus closed the public hearing. APRIL 28, 1998 PAGE 12 C/Nelson said he has concerns regarding the biological mitigation. He understands that a Biological Resource Management Plan cannot be prepared at this time because there is no project upon which to base the details. He stated he believes that the Commission should consider the following conditions for the proposed project. He said he did not see a requirement that the oak tree mitigation occur within the City of Diamond Bar. DCM/DeStefano stated it is not contained within the report. It is the city's policy to require that such mitigation be accomplished within the City of Diamond Bar and within, to the extent possible, the site that is being developed. C/Nelson stated he wants the strongest possible language stating that the mitigation will occur within the city limits of Diamond Bar. C/Nelson said that although he agrees that the loss of 410 oak trees is significant, he does not agree that the replacement of all oak trees lost at a 2:1 ratio will reduce the level of significance to less than the threshold. Based on his count, 59 trees that are between two and three feet diameter, 19 at between three and four feet and 12 over four feet in size. He suggested a sliding scale on the replacement ratio for trees above 36 inches with 3:1 between 36 and 48 inches and 4:1 above 48 inches. He indicated he has the same type of concern regarding the replacement of the 18.7 acres Coastal Sage Scrub which would be lost. He recommended a 2:1 ratio replacement. He stated he would like to see part of the funds that are being discussed for putting toward the city's Parks and Acquisitions fund, go to the study and development of a spine system that connects Sycamore Park and Summitridge Park. C/Ruzicka stated he has listen to both sides of the debate, studied all of the information that is available with respect to the proposed project and he visited the site. He further stated he takes the responsibility of his position as a City Council appointed Commissioner very seriously and his motion is couched in that responsibility. C/Ruzicka moved to direct staff to prepare a resolution recommending that the City Council approve Vesting Tentative Tract Map No. 52267, Conditional Use permit No. 98-3 and oak Tree Permit No. 98-1 as recommended by staff and including the four additional conditions of approval recommended by Commissioner Nelson. C/Nelson asked Lex Williman how realistic the limits of grading to the north and south of the project are in APRIL 28, 1998 PAGE 13 light of the landslides to the north and the south of the project shown in the 107 unit alternative (Figure V-1). Lex Williman responded to C/Nelson responded that the grading that is shown in the alternative does not reflect the remedial grading necessary to stabilize those out -of - bed slopes. C/Nelson asked Lex Williman if he could speculate as to the number of units that could be built if the grading was kept within the boundaries of Lot 6 or slightly beyond the boundaries. Lex Williman stated the approximately 70-80 units might be feasible. However, in order to determine an accurate count, a study similar to that conducted for the alternative would need to take place. Due to slope instability it may not be feasible to construct a road to the building sites. Lex Williman confirmed to VC/Tye that if there is no off- site grading the road could not go through the building site. VC/Tye said he is not comfortable considering the motion unless he understands that there is a significant benefit to the city. DCM/DeStefano responded that the Planning Commission may determine. Staff is working toward a contribution from the developer for the Parks Land Acquisition and Development fund to the effect of the Quimby funds that would normally relate to this project. The Planning Commission can recommend anything that it requires that inure to the benefit of the community and warrants the removal of map and deed restrictions needed for the 130 unit project. If the Planning Commission directs staff to prepare the legal documents that would lead to project approval, that will take a certain period of time to complete. When the documents are brought back to the Planning Commission for further discussion, staff could bring back the results of the discussion with the developer regarding funds. C/Nelson seconded C/Ruzicka's motion. The motion was carried 5-0 by the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: Kuo, Nelson, Ruzicka, VC/Tye, Chair/McManus None None RECESS: Chair/McManus recessed the meeting at 10:25 p.m. APRIL 28, 1998 PAGE 14 RECONVENE: Chair/McManus reconvened the meeting at 10:35 p.m. PUBLIC BEARING: 2. Development Review 97-7 and Parking Permit 98-1, pursuant to Code Section 22.72.020 and 22.56.990), is a request for a family restaurant in an existing commercial center. The proposal involves combining and remodeling two existing vacant units into one 2,700 square foot restaurant. This proposal also includes a request for a Parking Permit for the shared use of the existing parking within the commercial center. Project Address: 1126 S. Diamond Bar Boulevard (northeast corner of Diamond Bar Boulevard and Grand Avenue) Applicant: Johnny Chan, 123 S. Lincoln Avenue, Monterey Park, CA 91754 Property Owner: Nikko Capital Corporation, 3961 MacArthur Boulevard, Suite 105, Newport Beach, CA 92660 DCM/DeStefano presented staff's report. Staff recommends that the Planning Commission continue Development Review No. 97-7 and Parking Permit No. 98-1 to the meeting of Tuesday, April 28, 1998 to allow the applicant additional time to revise a required parking analysis. DCM/DeStefano confirmed to C/Ruzicka that staff will review the parking permit issue to insure compliance with the conditions of approval. Chair/McManus opened the public hearing. Stan Heikennen, Nikko Capital Corporation, stated he read staff's report and concurs with the conditions of approval. He stated he believes that the proposed restaurant will be a positive amenity for the community. There was no one present who wished to speak on this item. C/Kuo requested that staff indicate the number of parking spaces by zone for future projects. C/Ruzicka moved, C/Kuo seconded, to approve Development Review 97-7 in accordance with staff's recommendation. The motion was carried 5-0 with the following Roll Call vote: AYES: COMMISSIONERS: Kuo, Nelson, Ruzicka, VC/Tye, Chair/McManus APRIL 28, 1998 PAGE 15 NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 3. General Plan Amendment No. 96-1, Tentative Parcel Map No. 24646, Conditional Use Permit No. 96-14 and Oak Tree Permit No. 96-4 (pursuant to Code Sections Title 21 - Subdivision, Hillside Management Ordinance No. 7 (1992) and Part 16-22.26 Oak Tree Permit). The subject request proposes to change the General Plan land use designation for 5.88 acres within a 132 acre parcel located in a gated community identified as "The Country Estates". The land use designation will change from Open Space to Rural Residential. The remaining 126.12 acres will continue as Open Space. The proposal includes; Subdividing the 5.88 acres into four lots, each a minimum of one acre, for the eventual development of four single family custom homes; the removal and replacement of oak and walnut trees; and the removal of a map restriction. Continued from January 27, 1998. Property Address: Easterly side of Blaze Trail across from the intersection of Timbertop Lane. Property Owner/ Diamond Bar Country Estates Applicant: Association, 22615 Lazy Meadow Drive, Diamond Bar, CA 91765 DCM/DeStefano presented staff's report. Staff recommends that the Planning Commission continue the public hearing on General Plan Amendment No. 96-1, Tentative Parcel Map No. 24646, Hillside Management Conditional Use Permit No. 96-14 and Oak Tree Permit No. 96-4 to June 23, 1998. Chair/McManus opened the public hearing. There was no one present who wished to speak on this item. C/Ruzicka moved, VC/Tye seconded, to continue General Plan Amendment No. 96-1, Tentative Parcel Map No. 24646, Conditional Use Permit No. 96-14 and Oak Tree Permit No. 96-4 to June 23, 1998. The motion was carried 5-0 with the following Roll Call vote: AYES: COMMISSIONERS: Kuo, Nelson, Ruzicka, VC/Tye, Chair/McManus NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None PUBLIC HEARING: 1. Conditional Use Permit No. 98-2 and Development Review No. 98-2 (pursuant to Code Section 22.28.210 and APRIL 28, 1998 PAGE 16 22.72.020.A.1), is a request for the construction of a 38,000 square foot L.A. Fitness health club/gymnasium on a 4.6 acre vacant site. Project Location: North side of Golden Springs Drive, south of the 60 Freeway between Lemon Avenue and Brea Canyon Road. Applicant: L.A. Fitness, 100 Bayview 14000, Newport Beach, CA 92660 Project Owners: Lawrence R. Michaels, 20709 Golden Springs Drive, Suite 208, Diamond Bar, CA 91765 and, The Warren Companies, 3218 E. Holt Avenue #200, West Covina, CA 92660 DCM/DeStefano presented staff's report. Staff recommends that the Planning Commission approve Development Review No. 98-5, Findings of Fact and conditions of approval as listed within the resolution. Chair/McManus opened the public hearing. Todd Von Sprecken, L.A. Fitness, Inc., Director of Design Construction, stated there are two parcels with different owners. The option to purchase the Michaels Family Trust 35000 acre portion was not available and a compromise exchange was arranged for the Trust to acquire the most easterly 35000 acres. L.A. Fitness will own approximately 201,000 square feet and the Michaels Family Trust will assume ownership of the easterly parcel. He stated that his firm is in substantial agreement with the conditions of approval with the following exceptions. He asked that the staff be allowed to review and approve the revised site plan to accommodate a required entrance and signal installation at Rapidview Drive on Golden Springs Road which requires that the building be shifted 35 feet to the west of the proposed location. As a result of shifting the building, the height of the northerly retaining wall will be increased four to five feet which will require a change of the site plan. He asked that the review and approval of the site plan be reviewed and approved at staff level. Regarding Item 5.d. of the Resolution, he agreed to comply with the requirement to install a non -irrigated hydroseeded ground cover. Todd Van Sprecken asked that Condition 5.i. be changed to include "best effort" to reach an agreement with the property owner to the east because they do not know the property owner. Page 4 of staff's report indicates that L.A. Fitness will pay for its "fair share" of median island construction. He requested that Condition 5.q. be APRIL 28, 1998 PAGE 17 reworded to indicate that L.A. Fitness will contribute a "fair share" of construction cost. Bob Kahn, President of RKJK and Associates Traffic Engineers, asked for consideration of a "fair share" of 50 percent of the cost or a maximum amount of $60,000 or to be determined based upon the actual traffic contribution at the intersection toward for the contribution of the traffic signal installation at Rapidview and Golden Springs Road. Condition 5.t. deals with the off-site traffic contribution to intersections. He asked for consideration of a fair share contribution of these improvements in the amount of $20,000 based upon his firm's calculations instead of the $50,000 recommended by staff. DCM/Destefano stated that upon direction from the Planning Commission, staff will work with the applicant to reorient placement of the building to comply with the condition to align the driveway with Rapidview Drive. Staff is in agreement with the modifications proposed by the applicant. DPW/Wentz request that Page 8, Item H be clarified with the insertion of "after lot line adjustment or parcel merger as directed by the City's Engineer". With respect to the Item i., the second word "will" be changed to "may" be required. Regarding Item s., he stated he has no objection to changing the amount to $60,000. without having a maximum or minimum. He agreed to an amount of $20,000 for Item t. Following discussion, the applicant agreed to accept 50% of the cost of median construction as their "fair share". VC/Tye moved, C/Nelson seconded, to approve Conditional Use Permit No. 98-2 and Development Review No. 98-2 subject to the Findings of Fact and Conditions of Approval listed in the resolution as amended. The motion was carried 5-0 with the following Roll Call vote: AYES: COMMISSIONERS: Kuo, Nelson, Ruzicka, VC/Tye, Chair/McManus NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 2. Development Review No. 98-5 is a request (pursuant to Code Section 22.72.020.A.) for the construction of a 20,500 square foot, one story building to be utilized as medical offices/urgent care center. Project Location: 1514 Valley Vista Drive, (Lot 11, Tract No. 39679), Diamond Bar, CA 91765 APRIL 28, 1998 PAGE 18 Applicant: St. Jude Medical Center, 101 E. Valencia Mesa Drive, Fullerton, CA 92634 Property Owners: Diamond Bar Business Associates, 707 Wilshire Boulevard, #3030, Los Angeles, CA 90017 AstP/Lungu presented staff's report. Staff recommends that the Planning Commission approve Development Review No. 98-5, Findings of Fact and conditions of approval as listed within the resolution. Chair/McManus opened the public hearing. Steve Gilbert, St. Jude Medical Center, stated he read staff's report and concurs with the recommended conditions of approval. He further stated he believes the placement of this facility will bring technology and synergies that will allow the center to better serve the community. Debra Little Pultz and Associates, landscape architects, asked that staff concur with the applicant's intent to place 60 trees within the parking lot and approximately 50 trees within the pad area of the building. There are existing trees on the slope banks and the slope banks have been landscaped. She requested she be allowed to work with staff to determine the number of additional trees that would be required to be added to the slope banks in compliance with the Gateway Corporate Centers requirements. Dr. Doug Starr stated that he began his practice in Diamond Bar as a medical student in 1978, became an employed physician in 1980, set up his own family group medical practice in 1984 and merged and formed a non- profit agency with St. Judes Hospital four years ago. He believes the proposed facility offers Diamond Bar the opportunity of a full medical center. By increasing the space to the proposed level, the proposed facility can offer additional diagnostic services and expand urgent care. The center proposes to bring in outside sub- specialists not presently available to the community. Allen Wilson asked why the building is not proposed to be a two story facility. Steve Gilbert responded that a single story facility offers better public access and staff effectiveness. Following discussion, C/Nelson moved, C/Ruzicka seconded, to approve Development Review No. 98-5, Findings of Fact and conditions of approval as listed within the APRIL 28, 1998 PAGE 19 resolution. The motion was carried 5-0 with the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: PLANNING COMMISSION COMMENTS: None INFORMATIONAL ITEMS: Kuo, Nelson, Ruzicka, VC/Tye, Chair/McManus None None DCM/DeStefano stated that tonight he approved an Administrative Development Review for an increase in square footage from 3600 to 7200 at 2595 Wagon Train Lane in "The Country Estates". SCHEDULE OF FUTURE EVENTS as listed in the agenda. ADJOURNMENT: C/Ruzicka moved, VC/Tye seconded, to adjourn the meeting to May 12, 1998. There being no further business to come before the Planning Commission, Chair/McManus adjourned the meeting at 11:25 p.m. Respectfully Submitted, /s/ James DeStefano James DeStefano Secretary to the Planning Commission Attest: /s/ Joe McManus Joe McManus Chairman MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMNIISSION MAY 12, 1998 CALL TO ORDER: Chairman McManus called the meeting to order at 7:08 p.m. in the South Coast Air Quality Management Auditorium, 21865 East Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Commissioner Kuo. ROLL CALL: Present: Chairman Joe McManus, Vice Chairman Steve Tye, and Commissioners George Kuo, Steve Nelson and Joe Ruzicka. Also Present: James DeStefano, Deputy City Manager; George Wentz, Director of Public Works; Catherine Johnson, Senior Planner, and Ann Lungu, Associate Planner. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: Randy Nydo spoke about the SunCal project and explained why he does not believe the proposed project will result in a significant benefit to the city. He said he believes that the developer should be fairly compensated for their efforts. He asked that the Planning Commission consider recommending to the City Council that the city determine the fair market value of the property and the developer's anticipated profit, purchase the property from the developer and preserve the entire area as open space. He further recommended that the city procure funds for the purchase by means of a bond measure. Henry Porsand, 1008 Quiet Creek Lane, said he is concerned that an adequate cumulative impact analysis and adequate alternative project analysis was not done for the SunCal project. He asked what the appeal period is in the event that the City Council approves the project. He also asked if an amendment to the City's General Plan is required in order to lift the deed restriction for the project. Ron Tehrax* 745 View Lane, concurred with Mr. Porsand's statements. He agrees that the EIR did not answer many issues such as traffic impacts, pollution impacts, tree replacement, etc. as well as, the significant benefit to the city for this project. He said the grading report is not correct because the developer does not have to go outside the boundaries of Lot 6 unless they want to add more units. The grading can be done vertically in order to reach competent material. He pointed out that there is a good potential for hillside failure in the future. MAY 12, 1998 PAGE 2 George Davidson, 23426 Wagon Trail Road, asked if there was ever a proposal submitted to the Planning Commission that contained the project within Lot 6. DCM/DeStefano responded that on April 28, 1998, the planning Commission meeting public hearing for the SunCal project included an alternative proposal which identified the proposed project completely within the boundaries of Lot 6. He reminded the Commission that the public hearing for this matter was closed on April 28, 1998. Randy Nydo disagreed that the SunCal public hearing was closed on April 28, 1998. He said he believes all comments made today should be a part of the SunCal public hearing comments and remarks. DCM/DeStefano responded that the record clearly reflects that the SunCal project public hearing was closed at the April 28, 1998 Planning Commission meeting. The prior comments will be noted in these meeting minutes under Public Comments and are not a part of the official record of the SunCal project. VC/Tye stated that he takes exception to disparaging remarks about staff and implications that members of the public are being prevented from speaking. This body has followed the proper procedure. He noted that on Page 11 of the April 28, 1998 Planning Commission minutes it is clearly stated that Chair/McManus closed the SunCal public hearing. APPROVAL OF AGENDA: As submitted. CONSENT CALENDAR: 1. Minutes of April 28, 1998. C/Ruzicka moved, C/Kuo seconded, to approve the minutes of April 28, 1998 as presented. Motion carried 5-0 by Roll Call vote. OLD BUSINESS: 1. Vesting Tentative Tract Map No. 52267, Conditional Use Permit No. 98-03, Oak Tree Permit No. 98-01 and Environmental Impact Report No. 97-2, Volume I and H for VTTM No. 52267. VTTM No. 52267 is proposed for 130 single-family detached residential dwelling units clustered on approximately 65 acres of a 339.3 acre site. The development is proposed as a private, gated community. Lots will range in size from 6,000 square feet to 26,000 square feet with an average lot size of 10,900 square feet. The gross proposed density is 0.4 dwelling units per acre with a net density of approximately 2.06 dwelling units per acre. Property Address: Generally located east of Diamond Bar Boulevard and north of Grand Avenue. MAY 12, 1998 PAGE 3 Property Owner: Diamond Hills Ranch Partnership, 550 W. Orangethorpe Avenue, Placentia, CA 92870 Applicant: Todd Kurtin, SunCal Companies 5109 E. LaPalma Avenue, Anaheim, CA DCM/DeStefano presented staffs report. He reported that he was handed correspondence from Sam Safarri tonight containing preprinted letters with different signatures addressing concerns that the project should not be approved. This is the same letter that was presented to the Planning Commission on prior occasions. Staff recommends that the Planning Commission consider the proposed resolution recommending approval to the City Council of VTTM No. 52267, Conditional Use Permit No. 98-03, Oak Tree Permit No. 98-1, and Mitigation Monitoring Program and recommend certification of Environmental Impact Report No. 97-2 (SCH No. 97031005). DCM/DeStefano confirmed C/Ruzicka's statement that approximately 380 acres will be dedicated to open space as a result of the proposed project. In addition, the project will include about 25 acres of landscaped perimeter area. C/Nelson said that although he agrees with Mr. Nydo, he believes that the community would not pass a bond measure to purchase the SunCal property. The community is more likely to pass a bond measure for purchase of ballfields. DCM/DeStefano explained to C/Nelson that if the project does not permit a secondary access road at Highcrest Drive, residents would most likely exit the project at Diamond Bar Boulevard and Tui Drive, turn north and proceed to Goldrush Drive, proceed in an easterly direction on Goldrush Drive to Highcrest, with a left turn onto the small portion of Armitos Place and on to Pantera Drive. The park is situated at the corner of Bowcreek Drive and Pantera Drive and Pantera Elementary School will be located across the street from the park. DCM/DeStefano explained to C/Nelson that if the project permitted a secondary access road at Highcrest Drive, the Diamond Bar Boulevard and Goldrush Drive portions of the route would be eliminated. Staffs reason for recommending against the Highcrest Drive secondary access was the intrusion to the existing cul-de-sac neighborhood. The streets can handle the traffic capacity and there is some merit to the applicant's request. C/Ruzicka stated that this is the most thorough, exhaustive and protective resolution that he has read in some time. It incorporates the use of many professionals to insure that if the work gets started, that it gets done properly in accordance with rules, regulations and law. Who pays for all of the professionals that will insure that the work proceeds properly? MAY 12, 1995 PAGE 4 DCM/DeStefano responded that all projects are paid for by development fees that are paid for by the developer. These fees pay for staff and consultants who insure that the work progresses in accordance with the project conditions. In accordance with the city's philosophy, development pays for itself. Lex Williman, Hunsaker & Associates, asked that the Planning Commission consider a condition to allow the use of Highcrest Drive as a permanent secondary access road for the development. It is anticipated that only five percent of the traffic generated by the project will utilize the Highcrest Drive route for access to school and park facilities. Use of the secondary access road will relieve traffic on Diamond Bar Boulevard. Mr. Williman asked for consideration of the use of Highcrest Drive as an access to a "staging area" for equipment during the construction phase in order for the grading to begin at the upper portion of the project and continue down to the intersection of Diamond Bar Boulevard and Tin Drive. The Tin Drive entrance into the project area from Diamond Bar Bouelvard is a 2:1 slope. He said he is concerned that creating a one -tune move -on staging area adjacent to Diamond Bar Boulevard would place the equipment considerably further from the construction site than the Highcrest Drive location. He asked that the condition remain as written with the addition of "unless otherwise authorized by the City Engineer" in the event that the request is forthcoming. Mr. Williman; asked the Planning Commission to consider allowing the grading to begin prior to recordation of the Final Map. DPW/Wentz responded to C/Ruzicka that he favors writing the condition such that it does not "tie the city's hands" and allows some flexibility to make a determination once the applicant's final grading proposal has been submitted. It may prove to be more beneficial for the city to allow access for the staging area on Highcrest Drive or it may involve other types of problems or issues not yet determined. Mr. Williman confirmed to Chair/McManus that if the Highcrest Drive access is Pitted, the construction equipment will be removed from the site via Diamond Bar Boulevard. VC/Tye asked DCM/DeStefano to explain how Quimby Funds are generated. DCM/DeStefano responded that the city's formula contained with the City Code involves a calculation based upon the City's General Plan statement that there ought to be five acres of parkland for every 1,000 people that live in the city. (3.2 persons per household times the number of dwelling units and the amount of money paid for the property by the developer to establish a market value which generates the amount of acres or contribution of funds for purchase of or enhancement of park facilities.) The acreage calculation for this project equals 2.2. Since the city has nearby Pantera Park and the project involves a significant amount of open space dedication, the in MAY 12, 1998 PAGE 5 lieu contribution of money was deemed by staff to be more appropriate for this project. The $250,000 contribution to the City's Parks and Development Fund includes approximately $80,000 of Quimby Funds. C/Nelson stated that with respect to replacement of oak and walnut trees, he requested (as stated in the April 28, 1998 minutes) that the "strongest possible language" be used to insure that the trees are replaced within the city limits of Diamond Bar. He pointed out that the resolution does not contain such language. He requested that language be incorporated to insure replacement of all trees within the city limits of Diamond Bar. DCM/DeStefano responded with the following suggested language for tree replacement: Add Condition No. 29 on Page 14 of the Tract Map Resolution and Condition No. 29 on Page 15 of the Conditional Use Permit Resolution to read as follows: "All mitigation measures related to implementation of the Biological Resources Management Plan required by the Mitigation Monitoring Program and EIR No. 97-2 shall occur within the city limits of Diamond Bar." The Commission concurred to accept the proposed language. C/Ruzicka moved, C/Nelson seconded, to recommend to the City Council, approval of Vesting Tentative Tract Map No. 52267, Conditional Use Permit No. 98-3, Oak Tree Permit No. 98-1, and Mitigation Monitoring Program, recommend certification of Environmental Impact Report No. 97-2 (SCH No. 97031005) with inclusion of Condition No. 29 to the Tract Map Resolution and to the Conditional Use Permit Resolution (language as recommended by staff ), and permit access to Highcrest Drive for the staging area as deemed appropriate by the City's Engineer. VC/Tye stated that his statement of April 28, 1998 reflects his understanding that the General Plan includes Lot 9 as a contribution to the city's open space which is included in the applicant's proposal. He asked what the specific benefit to the city would be if Lot 9 was not included in the proposal as suggested by the developer. Prior to the motion of April 28, 1998, he stated he was not comfortable considering the motion to recommend approval unless he understood the "significant benefit" to the city. He said he does not understand, based upon what he has heard tonight, what the significant benefit is. He reiterated his concern that staffs memo seems to indicate that the applicant's contribution of $250,000 is over and above anything that is already generated by an act such as Quimby. He again asked "What is the (project's) significant benefit to the city? DCM/DeStefano stated that from staff's perspective, it is the totality of the open space and the contribution toward the City's Parks and Acquisition Fund based upon the most recent project approval wherein removal of map and deed restrictions were contemplated. Within the prior approval, there was no opportunity for the city to obtain parkland. There was an additional cash contribution proposed to a Parks Development Fund. Based upon the city's history and the policy that was set by a MAY 12, 1998 PAGE 6 Previous Planning Commission and City Council in coordination with the open space that is being proposed, staff believes that the obligation of "significant benefit to the city" has been met. Further, it is staffs view that the dwelling units proposed to be constructed outside the confines of Lot 6 and the proposed contribution are appropriate for removal of the map and deed restrictions. The ultimate decision with respect to "significant benefit to the city" rests with the Planning Commission and City Council. DCM/DeStefano responded to Chair/McManus that the removal of map and deed restrictions allows for what staff believes to be a more appropriate configuration of this future neighborhood. Staff believes that a project should be developed along this ridgeline in accordance with the City's General Plan and that the most appropriate proposal is for the 130 unit project now before the Planning Commission. The proposed project incorporates features that pulls the project significantly away from Diamond Bar Boulevard which staff believes creates a better living environment for the people living within the project. The project incorporates fencing to enclose approximately 45 acres of the project with the balance remaining natural and allowing for the movement of wildlife. Motion was carried with the following Roll Call vote: AYES: COMMISSIONERS: Kuo, Nelson, Ruzicka, Chair/McManus NOES: COMMISSIONERS: VC/Tye ABSENT: COMMISSIONERS: None RECESS: Chair/McManus recessed the meeting at 8:20 p. in, RECONVENE: Chair/McManus reconvened the meeting at 8:30 p.m. NEW BUSINESS: None CONTINUED PUBLIC HEARING: 1. Conditional Use Permit No. 98-1 and Development Review No. 98-1 (pursuant to Code Sections 22.56, Part 1 and 22.72.020A), is a request to construct and operate an unmanned Bank of America Automated Teller Machine in the Country Hills Towne Center, within an area between the existing Wherehouse Music store and the Diamond Bar Boulevard entrance to the center. Project Address: Country Hills Towne Center, Diamond Bar Boulevard, Diamond Bar, CA 91765 Applicant: Bank of America, 600 Wilshire Boulevard, Los Angeles, CA 90017 MAY 12, 1998 PAGE 7 Property Owner: M&H Realty Partners, 1721 W. Imperial Highway #G, La Habra, CA 90361 Staff recommends that the Planning Commission receive and file the applicant's letter of withdrawal. The Commission concurred. PUBLIC HEARING; 1. Development Review No. 98-4 (pursuant to Code Section 22.28.210 and 22.72.020.A.1), is a request for the construction of a 4,994 square foot, one story commercial unit on a vacant pad in an existing commercial center. Property Location: 21050 Golden Springs Drive (northeast corner of Golden Springs Road and Brea Canyon Road) Applicant: The Withee Malcolm Partnership, Architects, 1983 West 190th Street, Suite 200, Torrance, CA 90504 Property Owner: Diamond Creek Village Center, LLC, 2967 Thousand Oaks Boulevard, Suite G, Westlake Village, CA 91362 SP/Johnson presented staffs report. She stated that the city received two letters from residents who expressed concern that the permitted use not generate excess noise, etc. In addition, they expressed concern that trees be provided at the site to provide for screening their view of the project site. Staff recommends that the Planning Commission approve Development Review No. 98-4, subject to the Conditions of Approval and Findings of Fact contained within the resolution. C/Ruzicka asked if a request will come before the Planning Commission at the time a prospective tenant requests use of the facility? SP/Johnson responded that whether or not the request comes before the Planning Commission is determined by the proposed use. If the use is permitted by right of the City's Code, the applicant would go through a counter approval process for tenant's improvements. SP/Johnson explained to C/Nelson that the applicant has agreed to provide trees for screening the project site in accordance with the adjacent resident's requests and at the Planning Commission's direction, staff will add the appropriate language. SP/Johnson responded to VC/Tye that the trees would most likely be place on the applicant's property. Dan Withee said he read staffs report and concurs with the conditions of approval. He stated he believes the property owner is willing to supplement the trees on the MAY 12, 1995 PAGE 8 slope to screen the view of the project site. The project is proposed in order to complete the mall area. Mr. Withee said, in response to C/Ruzicka's question, that he is not aware of any Prospective tenant for the site. He stated that it is fairly typically to construct a shell building for future occupancy. Most shopping centers are built out in a similar fashion. This type of project would most likely attract a clothing store, boutique or similar type of occupancy. VC/Tye said he is concerned about another vacant store front in Diamond Bar. Mr. Withee responded that the center seems to have no difficulty in finding tenants. Mr. Withee indicated to Chair/McManus that the building will not be extended to the full depth of the adjacent buildings in order to provide additional parking at the rear of the building. Chair/McManus opened the public hearing. There was no one present who wished to speak on this item. Chair/McManus closed the public hearing. C/Nelson moved, C/Ruzicka seconded, to approve Development Review No. 984, subject to the Conditions of Approval and Findings of Fact contained within the resolution subject to the added Condition to plant trees determined to be suitable to screen the views between the existing residences and commercial development. The trees will be maintained by the owner of the property on which the trees are planted. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Kuo, Nelson, Ruzicka, VC/Tye, Chair/McManus NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 2. Variance No. 97-1 and Development Review No. 98-6 (pursuant to Code Section 114.a and 110.5) is a request for the installation of an off-site, freeway -oriented pole sign. Property Location: Pathfinder Road (southwest corner of Brea Canyon Road and Pathfinder Road) Applicant: Robert Fiscus Associates, 1050 S. Santa Cruz, #2100, Anaheim, CA 92805 MAY 12, 1998 rAe� a Property Owner: Denny's Restaurant, 21316 Pathfinder Road, Diamond Bar, CA 91765 In accordance with a May 11, 1998 written request from the applicant, staff recommends that the Planning Commission continue this item to the May 26, 1998. Chair/McManus opened the public hearing. There was no one present who wished to speak on this item. C/Ruzicka moved, VC/Tye seconded to continue the matter to May 26, 1998. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Kuo, Nelson, Ruzicka, VC/Tye, Chair/McManus NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None PLANNING COMMISSION COMMENTS: C/Nelson stated he appreciated Mr. Nydo's eloquent and polite presentation regarding the proposed SunCal project. He reiterated his belief that a bond measure to purchase the property for open space would not be passed by the Diamond Bar voters. He believes in open space but he does not believe that people will pay for it. He stated he believes the action that the Planning Commission took was the right thing to do. C/Ruzicka said that Mr. Nydo's presentation was a perfect example of how people can disagree without being disagreeable. Although Mr. Nydo made a rational and reasonable argument he proposed to put the city hugely in debt to obtain 420 acres. The motion that was made and passed by the Commission gets 380 of those acres for the city without going into debt at all. C/Kuo said that the Planning Commission has deliberated for many months on the SunCal proposal. He said he does not believe it is reasonable to ask the citizens to buy back the land from the developer. He hopes that residents will offer more creative suggestions and support to the City Council and not treat the Council Members and staff as their enemies. City staff and the Planning Commission has done its best to be fair to all parties involved in this matter. Chair/McManus thanked staff and the Commissioners for their time and effort in consideration of the SunCal proposal. INFORMATIONAL ITEMS: DCM/DeStefano stated that on Monday, May 18, 1998 the City Council will hold a special meeting because there will not be a quorum for the regular Tuesday, May 19, 1998 meeting. On May 18 the City Council will likely request staff to prepare final documents for adoption of the City's MAY 12, 1998 PAGE 10 Development Code on June 2, 1998. He reported that Pantera Park is near completion with the grand opening scheduled for the end of July/middle of August, 1998. At its May S, 1998 meeting, the City Council approved draft of a Joint Powers Agreement with the City of Chino Hills to examine potential uses of the 2700 acre Tres Hermanos Ranch area. DCM/IDeStefano stated that the Wireless Telecommunications Ordinance will likely come before the Planning Commission for review in June, 1998. SCHEDULE OF FUTURE EVENTS as listed in the agenda. ADJOURNMENT: C/Ruzicka moved, VC/Tye seconded, to adjourn the meeting to May 26, 1998. There being no further business to come before the Planning Commission, Chair/McManus adjourned the meeting at 9:12 p.m. Respectfully Submitted, /s/ James DeStefano James DeStefano Secretary to the Planning Commission Attest: /s/ Joe McManus Joe McManus Chairman c CITY OF DIAMOND BAR INTEROFFICE MEMORANDUM TO: Mayor Herrera and Councilmember O'Connor Co FROM: Linda G. Magnuson, Assistant Finance Director SUBJECT: Voucher Register, June 16, 1998 DATE: June 10, 1998 Attached is the Voucher Register dated June 16, 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 June 16, 1998 have been reviewed, approved, and recommended for payment. Payments are hereby allowed from the following funds in these amounts: 001 General Fund 112 Prop A Fund -Transit Fund 115 Int. Waste Mgt Fund 118 Air Quality Improvement 125 CDBG Fund 126 COPS Fund 138 LLAD #38 Fund 139 LLAD #39 Fund 141 LLAD #41 Fund 250 CIP Fund TOTAL ALL FUNDS APPROVED BY: Linda G. MdgTfuson Assistant Finance Director 11 " �ri, errence L. Bean City Manager $234,753.42 49,494.33 22.49 Fund 961.60 6,601.37 2,142.40 6,550.92 10, 814.10 2,797.02 19,468.64 $333,606.29 &A,C�ktv,_ Carol Herrera Mayor r er Deborah H. O'Connor Councilmember IN 71h; :700 VENDCR NAMEVENU 0, A 'CCQUN :-FRCj�TX-NO T TFU -------------------------------------------------------------------- ---------------------------------------------------------------- 4T T *001-4313-2210 *001-4316-2210 +001-4319-2210 *001 -4322-22jit) 40,0l-4325- 2*21u, *001-4:320-221Ci 4001-4331-2110 4C) 21-4310-120! *001-4095-2:-.53 *001-4219-2210 *001-4323-221,-) *001 -4311 -f S 412:1-4 --,19 - 5'. ..-4_22 432S Z300 "11'4''-3:-=':0 AAEKSWS *Ot -455--3-2225 *'l 17-4" 5 <,325 Anderson, Sarah *001-3474 5 142A 4KKKA 8% AA 44QKA 2 1 r- A 4f;6' 5A SOMA QKMA 80616A 4-7/625A —16A 46/6285A 2 ':06!- A 4 7 j 62---_A 5 2 806!f ---.A 48/6285A 5 06 MA 4 /KS5A 9 061166 C'l 6 1 -3f, 18 8,,616A '. 1(r2-- •=': 72:6 4 S-D616A :3j t--S5A. 20 VA ;Logo S,c.-:f /tS97L". 7, Q 7 L"'. 4 30c' 1 SA. 5 &i 7 A �lrtcuchpa 4 K-'rMA Albertson 3 80616H 30616H `5 4 3061FE Oki 0 : 06no 510 dd,"a i -ier: tagePark 4 / 98 Ad&amtAaple&lTR4/98 Adblaint-PEtamrsonPark4i98 ALctla i, -,t -RonReagan?r k 4/98 Aau'Malnt-5tarshinePrk4/98 AddMaiTtt-5ummtrdgePrk4j3L3 AnMaimt-5ycmrCpPark4/9�6 ler Par�- 3upplies �nniirsyCelebratior GarP,-4LpD!ies-PtrsnPrk ,enF'-kSp!les-SmmtrCgPrk #::-- lw7t�;05mw F0 Hili Prk Pr, M"-Eycamors :yn -7fl, —E .E,' -Z -CR -------- :j ------------ ! E :s'7 P - Recriit:��r -Rafu7d - ----------- I WK 49.,30 24.50 49.0 i 24.50 24.50 v9xo 775, C)O 98.57 %1 i.:. 1�111110 06/10 J& 11 0:00 5615 707!VS 7C7239 06/10 ANS X7299 U-6/10 j>. 7%57 06/10 )6/16 0,'410 Di,/1G 70723-3 7072�7::- 06ilO 06116 7072-3 j6 0 6,, i 6L 707-10-iD :)6/10 'C6. 16 7 v 7 0 2 7 0010 :106 Qm3up r- CKAO 0&06 ?76215 Oki 0 : 06no 510 dd,"a i -ier: tagePark 4 / 98 Ad&amtAaple&lTR4/98 Adblaint-PEtamrsonPark4i98 ALctla i, -,t -RonReagan?r k 4/98 Aau'Malnt-5tarshinePrk4/98 AddMaiTtt-5ummtrdgePrk4j3L3 AnMaimt-5ycmrCpPark4/9�6 ler Par�- 3upplies �nniirsyCelebratior GarP,-4LpD!ies-PtrsnPrk ,enF'-kSp!les-SmmtrCgPrk #::-- lw7t�;05mw F0 Hili Prk Pr, M"-Eycamors :yn -7fl, —E .E,' -Z -CR -------- :j ------------ ! E :s'7 P - Recriit:��r -Rafu7d - ----------- I WK 49.,30 24.50 49.0 i 24.50 24.50 v9xo 775, C)O 98.57 %1 i.:. 1�111110 ;04 71ME: yin: s, Patty AmsP COWMAN 806! 6D 06 A 0 00 Aq4Q, -- -------- i-etcia Pef�rd 22 -- --------- -4414i)-4040 4 E -me, Fre� -2- -2-C - ._.r 114 Back w):w- -47- 8WN Rmme 73� BROk E 2 -:4 1 '30616A cit -y Cf PreaCity A TIME: i7:5Vii,/�0�� -4� 3 DLE ..... ......... �,��.�� VENDOR NAH[ xEwDOS IJ ACCOUNT ��.�'� ��H P13—INE—NIC.��Y�� l���� � �-�Iz�� ~ -----------------------------------------------------------------`--' ��� �TE �E �yan at & 4s-r,- 165.0 AL _:!_EVENDOR ----> Bur on, �01'3�� 6 30616E 06/iV V6/16 �5�o3 Recreatmn Refund 24, `0 AL �� 1EN0] ----) 24. .'10 Cagnolat±i, Liaa 7704 *oi1'OA7O 2 8O6l6E ^ V6/1O O6/1u 25�33 Recreation Refund 34.O0 -CTAL DUE V[NDOR '''-'''> 34.00 Cal�a� Company Cainat »250-4510-6411 iO �6/16 Cl�'3rCynRdStreetProj �2 246 &9 *25O'45iO4 4"1 1O298 23 �06l6A O2/59�8 O�/lO 06/1+ C[P StreetInpPrJ-PthFnder 2`216`95 TDT�i DUE VENDOR ''-- -'> 14,463.64 CaiiFPrks&Rec��iety CPRS +VV1-43N-2315 1 8O�16A o6�10 06''16 AnembeochR.D omH M4.ox ��.J.j [�llerce, ;ic��ia Ca��ero�.V «01'230O'1�� 1� 3V��^A 06/10 36/i6 4553O e CL E r eeromPark -JT�L DUE V[HDOR ----> 5O.00 cameron, Mi�� 2u88 am134i8O6/006/16 or., 77AL r-:'-'P- VENT,`R Carol Dennis CarolDenni a01-4553 4000 4 S0616B 0/7222 06,110 CA /16 98-07Prof Sr"�s *001'4553'400V 6 90616B 04/6087 06/10 06/16 98-V7 �6inuteSocrptarY'�T L40'00 *001-4210-4000 17 80616@ 02/6087 06/10 06/16 ADR930404 Miruts'ADP.4/14 16 28 5/26 14000 �*1-4210'4VVo 0 15-80616B 02/6087 O6/1V 06/16 PC �*406 Minutes'Plng'5�'26' 'OO TOTAL DUE VENDOR ---'-''-- 720.00 Chang' Shan Hua 26YY *001'3478 4 80616E 06/10 06/16 25427 Recreation Refund 25.00 :IN AD 4 7ng ENTDIOR SHoE 'CCCUNT -------------------------------------- ------------------------- - ------------- ----------------------------------------------------- D 3 7 '4 .4 c�Wa�- ar 4=i J ce 717 �AL E VENCOF - --------- :, --4-- 4w, up V-� L Ile 7 'al i_til ii U6 on AJ f H" L LD L. E IV E Z 0 R -------- -n—LOsCir; oration Lias 0 j, :1f•"' o 6 0M, v CUE ;-mSF r� a tq '—E VENDFOP - -------- I C;7, 4 16 06 7. 7LE tINR -------- I ClubDi sney J 9. 80616A 0 1 172:2 1, 7: X C -S - t- "-7 -; -- - - - - - - - - 7 7 jEr ---"AL DUE VIENZOR -------- ----------------------------------------- r^ - _'A.L !JE ViEND, 4R --------i = r Cr:•.wford ":xren �Fa.w*crd, �+�:i.;1-�3?i�-19i?� ,' _' i i =,r'+ •: � .1 ;+. i _ _ _ � a _ L.,t,t.',Y,r.�?IOr�E'ark: �c{� "TTL _UE VENDOR --------1 W Engineering *001-455 :-45411 _ ' '. _ i `_. ✓1 CII^ a — — ---E^ EnnF'roQram t 500.09 -_ .:UE VENDOR-. --------` '-a�.•�) Ji'._ -vV j.ult_Cf .-fir - _- is 't l�1LVFI 6 0 L Lel _a _ane .ae' are ilarepr' ems =`' L FE'raID AMOUNT ----i ?i.4 T?T=.L 'D,iE VENDOR --------; :m;E�|7�52��/���� �� '�s.............�/��,�S YENDOR NAME ChDLR lJ. * * PREP2ID ' * ACCOUNT TX'mU 177h yO.LINE,�0. it �V�l�� DESCRlPT�ON �hCJNT DATE �HE�K ------------------------------------------------------------------ Jewan ��� �A�u . �*�065Q8 10 806116E 01/733--n Diamond Bar lnt2rnac1onal Diamond iar Pey Cos isfll *,_�C1-40 0-2325 PrcfSrv:s-PanteraPk *{�1'4050-�325 6B m01 -4090-]2O0 5 88u��8 *0O1'4090'2125 4,�'56.00 wJ1-4V95-2352 4 8O�16� -kfW\'4O95'2353 *0:L -431O-2330 �W1-4�51'23'-­ 89.14 -mono bar Redev lopme t �BarRDA Ci�mon� Phcts Diamor�P o D�oa �m & Assu iates 3ioraC�o Diversified Para rafisit OiversPara *112-4360'5310 4 20616B 01/7169 Eas File FasiF,le Hh��'1 PrcfSrv:s-PanteraPk 4,250.00 �0AL DUE VENDOR ----') 4,�'56.00 89.i4 T__.'AL 'JUE VENDOR -----> 89.14 CityCounci]-Meetings L.91 �0/1V (Q, -.amcel eetings 35.55 (�/0 ��16 ��6ov Sup lies 43.19 ��/�0 (m,�6 �mGovO�lephone 14.45 C*/N O6/1a P"omo iw.alSup lies 47.3Y 87.48 V6/i� ��/\6 �ecrea iuoSupp}as 1Y1.24 E�gr.'Mpet ings 15.0V s'�mf&Mtgs 3.79 VENDDR ----> 4 �J.0O ���ance-E,pendi+re�6/1� i�'T15.OV duiE VENJOR —'---'> O6/1O 06/1� 1�8�2.8��� �a grpc 6vcs 48.C� :6/1O 06/16 44 1 .�� U.,-_ VENDCR --------- --->06/4O ()I f4 - Transp'Anni��leb o6/10 O6/1 'A-RideSvcs5i1-5/15 10.148.49 '7 AL �� VENDOR ----> 12.452.49 V6/10 O6/1L 544 Supplies 18\.87 rO'AL � VENDOR ----> DUE 101.87 PUN ME�17�5OC6/1O�� �� rHRU.............�'�o�`� VENDOR NAME :EDOR [O ACCOUNT PROJ.TX'NO BATCH PO.LINE��. E:-�.''��� �\VC��E ��������?N 4MOUNT �E ----------------------------------------------------------- ------------------------------------- �eo��l Exoress Cor . FecExpress �W1-230V'01J 9 Ot��� ��1'2300 1010 l0 0�l6C QVQ Finnerty, Annette *JW1�310-233O Finnerty, Annette 00 F}annery, Bill +126'4411'%�0 F��d. Helen Foothill Traosit *112-4553-5533 «12'4553 5535 GTE California *\0'4098-2\25 o18-4098-2125 GTE California »00 -43L6'2125 *001-4316-2125 Fi nnerty.A f-517_ n^ �,�-essMa�i-FPL98-016 8.7� �/�O�/1� �1 2 - 15 14-17-'Z `JTAL �E )ENDOR ----> 147.25 Finr-rcyA \7.5V 7—�� 40.00 �� VENDOR ----> E,pressna�l-FPL96-025 pl�m��B �az~1`g'A��nce p�il'G��� vENDOR �-7mu'��l�A�armCR4��1 Fi nnerty.A 6&�l� ' �/�O�/1� �1 2 - 15 14-17-'Z `JTAL �E )ENDOR ----> 147.25 Finr-rcyA 40.00 �� VENDOR ----> 40 .00 pl�m��B �az~1`g'A��nce vENDOR �-7mu'��l�A�armCR4��1 125.00 �END�R ----> 125.0 Foo1 UlTr 6 ��16B 02/�0O C�/1O O6/z� 8017 sz7��si�f�o 8 j�16B 03/7�0 0�/0 06/L6 ��l7 ��cmm i �os an 213.66' � 6 �16D O1/730V ��N 06/16 8O17 Tru:s��Pa�es'��98 0 08.34 'GTE 2 SU16G 06/10 O6/}6 PhoneSrvcs'CityOn}ine 173.82 3 8"16G 06/1V honeSrvcs'CityHall 9V.53 TDTAL DUE VENDOR '--- --) 264.35 GTE PxoneSrvcsMap|eHiIlPrk 44.47 2 806163o6/�0 06/z6 PhoneSrvcsMupleMillPrk 44.47 rDTAL DUE VENEOR ''-'-'''} 88.94 RUN TIME: FAGE � VEMDOR NAME VEH�OR lO. _ACCOUNT____PROJ.TY�0_�ATCH_PO.LiNE'N0.__ExrR`���__��0�CE �� ����������----------------------------------------------------' R-------- ---t 0101-4322'2125 1 3061�B 06/10 06/16 Pho:eSr`zsRonReaganPrk 44.47 *nV\'4322'2125 2 B06163 0�/10 0,/16 PhonpSrvcsRonReaganPrk 4447 TOTA� DUE VENOOR '''''---> GTE California *VO1'4319-2125 06/10 06 16 PhopeSrvcsPetersonPrk 44 47 *001'4319'2125 2 8V6��B O6/10 �6/�16 �hcneSrvcsPpt�sonPrk 44'46 TOTAL DUE VBNDOR -'''---> 88.93 GTE California G�E mN1'4313-2125 1 8V6168 V6/�V /)6/16 PhnnoSrvcs�ritagePrk 57.10 r37AL CUE '/8NT;OR '-' '''> 57.10 STE cal iFornia C`E *001'4314'2125 � 8V61�9 �6/10 0�/16 Phc�eSrvcs��tgePrkCumCtr 49.12 TOTAL DUE VENDOR ---'''-'> 49.12 GTE California GTE +001'4331'2125 06/10 06/16 Phcn-_SrvcsSyc eCynPrk 63.50 �� AL r� VENDOR ''''-'- > 63.50 GTE Caiifornia 3TE *001-4331-2125 1 806168 06/10 �6/16 c�o�eSrvcsSycamurePrk 57.|O rOr4L 'DUE VENDOR ----> 57.1� GTE Calif�nia GT[ oxnl 4J14'2125 2 806168 06/10 06/11i Pho"eSrvcsHrtgeCommCtr 37.JS TCTAL :;U'r YEKDOR ----> 37.38 CalzFornia GTE *0V1'4VYV'2125 � ����B 06/1O 06/1� PhoneSr.cs8G 135.33 TDTAL rlUE VENDOR ----> 1�Z.33 LN TIME: 45E 9 �� ���:.............)«,��R8 VENDOR NAME 1ENDOR lD. ACCOUNT PROJ,TX�0 BATCH PO.LlNE�0. ��e//�� l���E DESC�lPTlON ' AM[UNT _-_____—_^____-_--________--_________---_---___'____--__--_—______---' YE Ca\iFOrn/a GTE 2 90616C Gonsalves & Som. Joe A. G-onsalves Graf iti Control Systems GrafitiCom *001-45553-5520 2 88616B 01/5898 Grand Mobil 00\- 4210-220V Graphics Uni�g 3uzows�i. �re ��L one m2�'u31�-233V -acstud' �mald �����tline 38.� �E ;ENDOR ----> 0O V6/1O Ot/16 ���sSv �-June98 3,0@.O0 TOTAL �� VENDOR -----> 3,W&.SO 06/l0 06/16 DB0598 GraffitiRmvl-05/98 2,25O.VO TOTAL DUE VENDOR --'''''> 2.254.00 O�anoM�il 3 P06168 01/7181A 06/1V ��\6 167� CodeE Rruck-Mtce �2.81 TOTAL DUE VENDOR ------> z�52.81 DraphUnite 2 0�16B 01��7 �/10 �/16 �� �1nting'C���ie�� �[�AL DGE ENDGR �_"U; z cws;1,c 19 80616B 0�/1� J�/16 45�J3 SecCepForHrt�Prk 5O.�0 T3TAL 8UE VENKDOR ' - > 50,OO xm-Coreo \ 80616C 01/6417 06/10' YO!) ;-Y, 2 80616C 01/6417 V6/1V V6/16 oFSvcs'SalesT/Audit 755.�3 -OT4L DUE VBv OR- -> L,655.63 Wana\ei 4 80616H 06/0 06/1u 174.�� ° TGTAL PREPAID AMOUNT --'> 174.6V TOTA-L DUE VENIOR ----> 0 10 '80616E 0�/10 ner-reation Re4un,4 10.1" -4040'2 15 10 ;--;0616C 01/7275 A,* LeqA 'Biva'TrafSiglnst 55.58 12 80616C 01/7275 06/0 ^omqAd'8ids'LandscpMltce 61.4`� RUN TIM[750 1300616C WE LO VENDOR NAM[ VENDOR ID. ACCOUNT PROJ.TY-NO BATCHPO.LlNE/NO. --_---___----_—_--__--_----------_----_------_--___----_--_--_---- ENIT71/DIJE IN V - ��IPTIotJ AMOUNT Da -E Harbauch. Nancy 2696 ' +0, C) 4 78 1580616E Per-rsation Refund T3��� �� VENDOR ----} 26.00 MighPodnt Graphics HighPoint 0@\-��6'2111 2 �,16C 01/6100 O6/1O 06/16 62^7J P��rp�sSvcs'EcnUvlp 3i9.9Y *601-4095-22111 4 8V�16C 01/6OY9A `6 1` C�/i� 62487 D�gib\P��ns��cs-Smm98 748.V1 *001'4095-2111 2 8V616C O1/6(m9A 06/1O V6/�6 62580 Digp~ePrpssSvcs'Bu�rds 25.Y8 7OTAL DUE VEND08'' --) 1,0Y3.98 Hydroscape Hydroscope *138'4538-220 6 8V6l6C 01/7167 06/�0 06/!6 14131/5-00 MaintBidgGrndD�t#38 311. 60 *139-4539-2210 4 80616C O2/7167 0�/11 O�/�6 14�3175-O8 Maint8ldg&mdDst#39 311.60 «141-4541-221O 48V616C 03/7\67 06/1; V6/1� 14131`5-�0 MaintBldgGrndDst#41 3il.60 *138-4538-221O 4 8V616C O1/7166l413176'00 Maint3ldgGrndDst#38 1,582.16 *\39-4539'221O 2 8�61�C 02/716� o6/1� V6/�� 1413i76 -O0 �a1ntBldgGrndDst#39 2,373.24 4141-4541 3/7166��13176'0O liaint8ldgGrndDst#41 2,373.24 *1�8-4528-221O 2 C 01/7166 Maint8\dgGrndDst038 791.*8 r_--�L DUE VENDGR ----> 8,054.52 Industry LQUipment Rent IncEquipRa *125-4 Ren� SnrFccdDr-5/28 7V.27 TOTAL JUE VENDOR 7V.27 Ink Spo�s InkSpots *001 -4O90 -210V 2 S0616C 01/7352 0�/1V V6/�� E9'�l8 Wincm-.11Art'Proc.-Certs 1V8.25 -3TAL DUE VENDOR--------> i08.25 -4040'2 15 10 ;--;0616C 01/7275 V6/1V O6/16 3l502o56 LeqA 'Biva'TrafSiglnst 55.58 12 80616C 01/7275 06/0 ^omqAd'8ids'LandscpMltce 61.4`� 1300616C Keefer, Nancy 269 �WL-3478 12 80616E O6/�O 06/1"S��17 ��rpa ion Ref�nd 24.O0 RUN TIpE; 1L51 0&/LV/Y8 VENDOR NAM[ vE*3OR �J ' ^ ^ PSYA`D * o ACCOUNT PROJ.TX'NO BATCH R].LlNE�0, AMGLNT EVE ' W^ —_'_-------_---_—_--_-------__—'_---'-_----_—_-----_—_----__--_—__--' Wm/in 7 4 010 An, 0CV20: 125.80 DUE ;E�DOR ----> 125.00 Kens�ardware <�» *001-4090'2200 7 3`0,--1 6Z 5S/6126 O�/�0 C�/�� PoclCarSu plies 324 �01'4314'2210 � 5 616C 47/6126 C6/10 06/�6 AericagePupplies 20'16 *001-4316-2210 2 ��16C 48/6126 06/10 Cm/16 � pleHiliPkS:p lies 11'l3 oSV '431Y02O 3 OU OC 46/6126 C140 OM-- petorsunPkSupp �ies =7 *0014322-2210 1 49/6126 (16. /10 O6/1� RReaganPk��p�ies 40.84 *001'4325'2210 1 50j,-61:6 06/1O;)6/16 Star»inePkSuppbe 6AP, �,OQ1'433 1 -2210 4 SC -616C 51/61It 10 0,',/16 Sy:amureCyr-.PkSupplies 29.43 *0-01'4440'1200 1 3061b "-, -'/ PS , 2 6 -;6/106/6 EM64plies 17.85 *001-431O-1200 7 MAC 45/6126 06/1O �i16 1O488C�67 Par ��ceSup lies 149.4V TOTAL DUE VENDOR ----> 238.E* L.A2ounty Public 4cr�rs �ACP-zWk *0,V1'4510'553O 6 806�6C O1/7281 0�/1; �6/16 145�6 �nc�aste�vcs'4/98 1 688.Y7 �01'4331-53O0 2 W}o��C Ol/6l�� �6,'1� �6/16 v80�0O�4407 SumpPu- mpr.tce-4/Y8 33*.---.. 62 TOr-L UuE vENDOR -------- '''''' LA LA Cellular Telephone LACeilular *001'4090-6240 -D.7�2534`� Ceii P�ones 3en Govt 246.48 ^126-4411-6240 806l6J 6 96253 Cell Phones'StateCOPS 474.�O 7%,L DUE VBNDG� ---' > 722.58 U3T Inc. LCTTInc =145M -424V 2 80616C 01/7189 06/0 06/16 562 MES 3ruchure 1.721.18 TOTAL DUE VENDOR ----> 17721.18 League of Ca, CitiRs League 'H)0i'4090-2315 1 80616C O6/10 06/16 98-1111"k 199'�/991)ues-CityDivision 925.00 TOTAL DU[ V[NOOR '''-''''> 925.00 League of Ca. Cities League *001'4030-2325 3 80616H 0690 06/16 Oen Mtg-614'Cmqr TOTAL PPEPA{O AMOUNT --> 25.0O 77-L DUE VENDOR ----> O.00 Im RUN ?IME: 50 - - o—E VENWR NAME ACCOUNT ORrIj 7 -NO _ATC+ =,. _,+�; �iC. �` = - - ,,aa x T � 3 -------------------------------------------------------------------------------------------------------------- _2inard c1u`l, :.,-455:_-4' Lewis EngraYo,Q inc. C01-4095-21 13 r 8061 bC (11 '-' 19,2 Lin, Scct} _inS *ch -JI -4553-4100 Loa Angeles County MTA LAC)1TA #112-4553-553J 2 :_06166 01 (7299 i L . X1122-4 5r 3-55,225 2 _01616C ,�;-99 Lynde Ordway .LynceOrdwa *001-4090-2200 6 30614510 01/7276 M&H Realty Partners II Lr M&Ihp rcpert *0,S_.Al- 40511-2140 2 00616D 01/6061A 06 it 0611 _� =;e.:.t-ComnvcsCtr-Jun;Aug97 :li_yr,,-A,�_�ne 2 80616D 02/6061A 06/10 06/16 -7_cmmSV-caCtr-,iunjAug97 AL -LILE VEIN11 R --------) : �. iF.i"itJ Uhji� 7 t Mt. rig _, 40.00 'CS ArchitecturaiSigns MCS M -AL JUEE VENDOR --------) 40.00 !(,j10 (}r_,/lf: `'-'";; $;. =. TraR5it5uhsicyProg-5/9� _"�6,i[ r,,; ,r.'1� a;;4r,_; TI. �ansitSubaidyPr-,g :I°;1 �, .0 __ VENDER --------i TOTAL DUE 'VENDOR --------) 1,106.00 06/10 06/16 69953 tquipMtc2-Shredder 157.50 ��`i; -4!� . '1 :'?-�''15 1 8061bD TOTAL DUE VENDOR --------) 157.50 M&H Realty Partners II Lr M&Ihp rcpert *0,S_.Al- 40511-2140 2 00616D 01/6061A 06 it 0611 _� =;e.:.t-ComnvcsCtr-Jun;Aug97 #001-4091-24i0 2 80616D 02/6061A 06/10 06/16 -7_cmmSV-caCtr-,iunjAug97 22,7:32.2 '�7AL D1E VENDOR ) 4,'321.26 'CS ArchitecturaiSigns MCS 40i;1-40951.1-62fiJ; r"0616D 01/7335 Of/ 1t .., : ;,1", __ VENDER --------i 'O'r, MMAK WABC ��`i; -4!� . '1 :'?-�''15 1 8061bD 0 1,/1r 06/ 16 `gip;;. erste.? 9'er;vi-Frtzai 41),��) -. ,. :E �. � �L >DUE; t'vULR--------- t 40, 00 Mdi.^•'eX YalnteS 4.26,1-4350-:200 7 30fS1:,D:il:`f.i "a _ `_2216 -' a.-, Su -,pis -Comm Svc Ctr a c -17 AL DUE VENDOR --------i 92.88 JE t � SAME ACMUKIT "K TO r,r -. �_ .. .. '_ - __ _. _ .. C-'�- 4p♦.... .. Cn�S.}-!"j!'tyrv'ii,tr �I)t�: vl: TOTAL :,UE VENDOR --------! Martel Electronics !MdrtelElec '7K4 ;),G/1'.:' .!1-.l'• a'! c4 - _ ` ^ r•.r Ir G1 + �ar, >ny,a_e-_.ec rERuiG 5-33.88 '-TAL DUE VENDOR -------- 5;i8'8 rr'e-promo Notebooks 41,1,_x, --:�.T •,., r,.' i, ern -. n , __ rc2r _ .___Ag -` - -- - - r,.cor, .1 .i,-. i +'ICsi i l2 Matr01?C�] 1 i c.; �'i.._--�,•'Tyj-i.�Jli 'i'i06160 01,r'70JiG ..'t om._ _=.a,11i e_- Li; F:SF: _ _,- Metroli i:: Metrolink_ 4 806116D 02/129 E;. 7 `35 ''' -^m L-, -.- RUN TiMP' - - - - - - J 14 VENDOR NAME 'ENEOR 71 ACCOUNT PROj.TX-N0 BATCH PO.L:iNE/NO. _uE is c ------------------------------------------------------------------------------------------------------------------------------------ Oj, 7 16 6 1 6E 7�eCraT ion n.eturm 7. OF - ---------- 4. ec 41 NunezJ 4 806160 , _. 1 : I , 1 an OrejelL I 00616E -- TV j+ - 71741 DUE EN77_l__!R ---------- 46. X) IOR -------- 46, X -T TIEE-DOR --------- _" 7TAL DUE DOR -------- J. --crtim mta-�, 7 E, ---------- 06/10 06/1 = MC Tramv-m-Advartre -0f, TOTAL DUE VENDOR -------- 0 6 1 6 25 7 Scr -za4 I .� n d 'ef _%; �Jv T CT. AL "LE E VENDOR --------- 20.00 � TlME. 17:-W {m/�0/98 � 3 J � * E R R E � � � T E � �ACE 14 RUN JQE��U..`.........�/�=/�� VENDOR NAM[ ACCOUNT PRW.TX-NO BATCH P0.1-lN[i'N0. EN— �;nlCE DE.0 IPUN ' AMulUrxT JATE —__---__-_-_______—_---____-----------_'____----_---_—_—___--------- �ill�s` Micne�o 269 ���-421�'231V m0�'4�10��10 Morri». Rol�m �01-4553 41V0 �oss' Millie �CTAL L3ir- vEi4LUR -------- M- 1 ---Mi ��� Plog 49.58 1 2 28/6337 el Prk & �c 219.47 palCoe «�L-3474 1 ��16E NuoezJ 4 906160 Lillian Orej \L 1 S0616E ` DUE VENDOR ----> lj�/10 T!j 40.� TJTAL DUP VENDOR ----} 40.00 06/� 06/16 7 7A �E VENDOR ----> 46.00 0 16 T�AL DUE ZNDOR ----> lk,10 06/16 251�� 9��reot`cm ReFun� 50,�* TOTAL -t lE VENDOR -------- ---O6/10 06/10 40.0O VENDOR -------- '---'O6/10 06:/1 006/16 DOJ Training -Advance TOTAL DUE VENJUR ----> 'OW.00 06/\O 06/16 ���� Recreation Refmnd 20.00 PUN TIMIE:17�50���\��� 15 �� ,��c.............�� �'.;� VENDOR NAME VENDOR ACCOUNT PROJ.TX-N0 8ATCH PO.LlwE�0. --____--__—'_---____—_____—_____—__----_--__—_____—_--___—___—__—_— UWm. Gceffrey Chuka Owu`G mm�'2300-1�� 16 ��16A ���O O6/1� Sec���c�Smm rdgprk 5V.0O 3UE ;ENDOR Parks, john 2713 *001-3474 5 80616D d 59.00 rOT�L "DUE VENDOR --'----> Payroll TraosFer PayrollTr *0OI-1V20 2 806ltH PP11'Payroll Transfer 57.500.00 �OTAL PREFA0 AMOUNT --> 57,E;00.00 TOTAL DUE V[NOUR ----> O,m) Pitney Bowes P1t71ey8nwe �01'4094-2130 6 3'0616D 01/6001, -816188 �rIMa1iEqp/FldgMach-�� 369.90 T0AL [I[ V[I�@0R -'''''-'> 369.90 PlayItAgain, Sports PlyI�AgrSp 26-4411-6250 4 8V616D �i/7374 �6/1S �6/16 Rollr ��ky Equip'C0PS 292.26 TOTAL :UE VENDOR ----> 292.26 Pomona Unif,.od 'School P�WiySch\ «Q;01'435ij'2140 7 80616H Rer+'P&R Classes -Ju L/Aug 1,263.88 TOTAL -L'UE VENDOR ''''''''> 1,263.�� Pomona Valley 'Humane Soo. PVH8 +VVi-4431'54O3 2 80616O 01/6075 06/1O 06/16 96VV425*)VV8 AnimalCntrlSvcs'Juop 4,959. 1-7 TOTAL DUE VENOM -------- 4,959.17 Pomona Valley Pipe PoWlyhpe a001-4319-2210 7 VV6124 06/10 06/16 O14362 Main, Suppls-Petersn Prk 97.43 TOTAL DUE VENDOR '''''''-> 97.43 Pruitt, Yvonne PruittY *001'4350'4100 9 80616U 06/10 06/16 P&R Comm Mtg 5/28 40.00 TOTAL DUE VENDOR '''--'-> 40.00 «&G »c= Q «ba x-4 6»3 2«23§2511 wk, y23 *00 D#7 Repro #ie 2#»&110 Rhee, wa *001-3474 SE #«:5= ) 3 6 3 e&sEwh 9 3 8NIIHI S atabE 3 2n S3: 224 S2§ Sd6 � a GQ: JJB At -«!ate ! 7 206116H 711E yZb Asn ¥2r Trak SerU£ w2 -«M-4)610 Q 80616F Gale§ 063§ 606 SanGa 6w «y2lh @ m2«bs a C2m E 8061E J30yd! !& K20 2 7612 SQe yd6 24040225 01 !E 01,","74 yae06f n&« k01-4040@115 6K1E 2 A 3de3«ai 3 ®Q Sa-bm 9& GGs iJ« w:7N TD a ----i as y ----: e:gt:= #fund as= m » VENDOR ..�----1 3 22f 5& G -E emom AL DUE 3g?----> Rm9#{e w d k yEVENDOR ----> �2yRs!Spec Fee 1240 DJE J#7----1 x2725` mr SIw 961«:AMOUNT --> `J« 2EOZOR ---------- -741 ---!3wE JEU----! &/k-9202 :61:40-R dE wplk@«2R; k:z 9fe&RIn aIM9 SI& WE' me----; ��7'�'�7'5CO6/��/�� VENDOR NAME ACCOUNT PRW.TX-`401 SATC+�.LIr4E��. --'---------------------------------------------------'-----------' ���. Kiwbe.ly 2�3 478 17 0�L6E Cm/�� (�'�^ l5i�� �sneacn�c.CV Scott, Nlancy �6O *001-j478 50�lL Recreat,.on Refund 40.00 TOTAL DUE V[INDOK -------- ---Smith, Smith,Linda Kay SmithLinda �0 1'4551'234O 1 80616F' 0 1 86/1a "RE Ir0 Spring Tuition Reimb 28.00 TOTAL �� VENDOR ----> 128.00 Sot�mLa. Edison SCL-aE150n *o�L'4311-2126 bF V 86/16 EiectricS,cs'PCrowPrk 36.07 *001'4313'2126 4 8O*1�F ��6/�`) �6/16 �Lecccs'HrtgPark 323.18 ��1-4�14'2|2b 2 8061c� ��/�0 V6/1� Eie�tr�cSvc�'Hrtg�b���r 618.69 I'4J16'2126 2 3C£�F )m�V «�/1� ��eccr�c3vcs'r�leHllPrk —5.�J �01-4319'2126 2 80��tF �6/1� 06/l', E�e�crzcSv�s-Ptrsn��k 7��.26 �ml-4322-2i26 2 �m16F ��,19 ��/�� ��*c�ricS,cs'�onReaganPrk 357.7l m0�'4325'2ll6 2 �0���f �c�^�Svcs'Stars�zrepark 12.2S 16/1C o6/1� ��e��ri�vc�'3tars:i=eperk J.33 La. Eoison _�E�ism *14L'��L'2126 1 806 6F C�/10 06e� E�ec�'�cS,cs'��#4z 112.18 VE�3OR ----) 112.�8 Sou hern Ca. Euisom SoCaEdisom *�3G'4538'2126 3 S0616F 06/10 36/16 �1ect9rvc-Dist#38 ��.59 Ewuthern Cd. Edison SmCaEdiex *l3�'4539 2126 2 80616F V6/10 0�'1� ��ec±Sr"c'Dist�39 244.73 ��E VENDOR --------- 244.79 aouthern Ca. Edison SuCaEdam *VA\ 4091'2126 151.45 ..e,Srvcs-Comm@vcsCotre TOTAL DUE VENDOR '- '--''> 151.45 PLIN TTM, 171-,,�,, E: 7.. VENDOR NAME DO Nr-. F T 71 ACCOUNT P;.,Oj,Tj-NO BATCH PO.LINE S40 1, 7 7 N A ------------------------------------------------------------------------------------------------------------------------------------ -A. Ed:sor _nCE-n-Kil I 6F I Dpsed 17one = ee Z e 7 c3rf Tme r t 1xie *001-4`:10-1 00 �9114�1':F 7-'6 Slothers, Dave Z­ tj I _26-441 1 - 234� :;u 1wa Tay'icr, Betty Ncrnn A i 1 'F' The Planning Center Pl-,,gCenter f118-4098-4000 ;10616+ The Work Station LLC T'fheWorkSta 4`61-4095-1200 4 80616H *001-4095-23353 20 80616H Tippings, Craig Tippings,C *1*26-4411-2340 Z 80616F 4 t jENMR -------- I V 7 AL _L!_E VENDOR -------- ­Advar-2 L E'EN.:... -------- J q:ENDOR --------I M ar -Apr 71TAIL DJE VENDOP - -------- 06/110 06/16 06/10 06/16 !'; �-_n1-2asyqj.qiti1CaAera 7 AAi iENDOR -------- " I 06/10 06/16 DO.J'Trng-Advance 3: 0 IV C " TOTAL DUE VENDOR -------- .300.100 ~+^ �'�y oF ]�^nzam �ar *`+ RUN TlME: 17;50 06/10/-- VENDOR NAME VENDOR ID. ACCOUNT PR8J.TX'N0 BATCH PO.Ll1E�0. ENTp|/�E l��lCE DES;�,FMlPTlON __-_---_—__-______-________---_______—_—__—_____—___--_—_--_______—_- T*ztc�ell. ��hy Twi�chell ��1'2300 1N� 11 80616F 06It '.7 ScrtyDepforHrtgCommPrk J'AL'DUE VENDOR ----> �CRExt�s1� UCRE,tensn *001'43\O'2340 3 306160 01/71219 06/10 06/16 Tree Seminar -Hensley TOTAL DUE VENDOR -------- United Parcel Service UPS '0O1'4V90'2i2o 2 80616G 06/10 06/16 96K.780027-2 ExprpssMail-GeoGuvt TOTAL DUE 'VENDOR -''- ''> UnzversaL Waste Univtklaete *001-4V95'2353 16 806166 01/7n.,9 06/110 06/16 16289 [quip Remtl'Anniv Celehrt *001 -4319-2210 2 2O6160 01/6685 06/10 1_36/116 72455 Equip Rental -Peterson Prk TDTAL DUE VENDOR -------- 'an -'---- Van nap, �r. or Mrs, VanLoanRes *VVi-3227 3 806166 06/10 06/16 005392 RfndFlseAlrmCR46663 TOTAL DUE VENDOR ----> t)aotage Point YamLa0pPoi - *Un1 409O_4�0 6 806160 01/6687 06/10 06/16 1314 VideoTapenuplctn *VV1'409O'40OO 8 806166 01/7347 06/10 06/16 11314 PrnfeaiooaiSorvicos TOTAL M VENDOR -------- Velez, Xiomora 2686 o001-3478 13 80616E 06/10 06/16 24326 Recreation Refund *001'3474 2 80616E 06/10 06/16 25403 Recreation Refund TOTAL DUE VENDOR ----> yirginkar. Arun . *(':f" -4553-4100 0 06/10 06/16 T&T Mtng 5/12 TOTAL DUE VENDOR -----> visom Service Plan VisinnSmr" *001-2110-1006 1 80616H 06/10 06/16 June -Vision Press TOTAL PREPAID AMOUNT ---- TOTAL —TOTAL DUE VENDOR -----> 14.00 �44.00 9.25 Y.25 140.00 440.W 125.00 55.� 138.99 22.00 55.00 77.00 40.00 40.00 909.16 06/16r�m@0�4�6 909.16 tl D 0. ppnj -O I 11.E,:h,11 BATCH P -------------------------------------------------------- I ----------------------------------------------------------------------- S fi Wallace inc 0,,31 1 'a -;M T f-,- 1 - 4 3, 5 0 - -,,p eln Jn -------- .— . -R w--4-ratin. .1 D --71, 71. JE VENDOR Walnut Vly Water Dist 4; 1w a *L e r D 1 s *001-4'11-2126 1 2 f 0 E - 1 F .0 *001-4316-2116 1 30616G *001-4319-2116 ::'6150 *001 61L, - *001 -4322-2126 i 10 S i LIG - 40 1-43;x 1-2116 4001-43M-2126 1 306161 Walnut Vly Water Dist WVWaterDis +1:3.3-45:_8'-1126 2 80616G Walnut Vly Water Z,15t wVWaterDiS -455'-2126 Walnut "Illy Water Dist MaterDis -kI39-45-39-212,6 i 006,160 West Coast Arborist Inc. WCArbor *601-4558-55013 15 80616H 01/5891 4."101-177518-;-5 09 16 90615H +001 - 45580-5509 is go" *001-45i:5�b-5509 20 IMIM #0111-455:'-5509 17 'M616H *001-4558-5509 19 BMUH West Publishing Co. WestPub *001-4090-2320 2 80616G 0116157 `'='f" i i i" i . %jo.'. Of " ii. sj Wt-3rvcaPaulC3rowPrk 270.53 -.Sr,qreMp1eHillPrk :373.41 W+'•:�rvicereter'sanPark 6:x1.61 .w�—Ervr-p-SmmtRdgePrk 11,529.17 wt,-z:rvceSycamoreCanyonPrk 4:310. 021 7::TAL DUE VENDOR --------- , 335.74 Wt-r5rvcDist#318 3/24-5/213 3,577.49 75TAL DUE VENDOR -------- 13,577.49 Water SVCS -Tree Wtrq DUE VENDOR -------- WtrSrvcEDst#,--'9 3/19-5/21 1,674.1 AL DUE 'VENDOR --------- 1.674.13 06. 1 f, 7rap Trim 1 8 10`..1:; (If/4' -1.e 7rim Svr :4 - Tree Trim Svcs -3/15 12 7 -pe Trim Svcs -4/15 410.Q Tree Trim Svcs -3/15 9 y ree Tr; 1. im Svcs -31,31 1 5130.,00 77DTAL 5,400.00) DUE VENDOR -------- ) 06/10 06/1i: 2124719',! CA Code Uodates, 97.97 TOTAL DUE VENDOR --------1 97.97 4' Y - RUN TIME* 17",) VENDOR NAME JET+GR Tr!, # PRcPAID ACCOUNT PRC,TX-NO HATCH PO.LINE:NO, _' E iM^�"+7 DAti= CFIE x. ____________________________________________________________________________________________________________________________________ Westbrcoj ecinmologiEs Westbrook 1001-40140-4030 2 0010616G 01/72.4 Wriqht, Paul *001-4090-4000 YMCA *115-4115-2355 $115-4215-2 55 WrightP lid 80616G of /7"766 YMCA 4 50616H 01/6067 6 3,0616H 01/7349 7;49 clTgclmaging-Ar,l5upprt 175.00 TOTAL DUE VENDOR --------) 1,275.00 061,10 016116 ProfSvcs-5/26;06/02 385,00 TOTAL CUE VENDOR --------) 385.00 06111+0 061116 AftrSchiChidcrPrgr%-Feb 3,291.09 06/10 06/16 AftrSchlChldcrePrgm-Feb 1,1-28,81 TOTAL DUE VENDOR. --------) 4,419.90 TOTAL PREPAID -----------) 58,945.16 TOTAL DUE ---------------) -274,661.13 TOTAL REPORT ------------) 'M-,646.29 D'ava"*� RUN TIME. D'5O�)6/100 PAGE � F�nD SVMMARY REpJRT �� ���............��/l��� UlSBCRS[ G/L �C Wl^� PO�� �E HAS POSTED FUTURE TR4h5ACT��� FUND TOTAL DIRECT �,Y R[YE�UE ��Ej6E �BENUE EXPENSE REVE�CE E}�E~SE �1��mi�� l�`7�.� �,7-.0� i.5�.-Y 1.41 139 LLAD #-m .814.10 i�5 �nt Naste Mgm 112 Prop AF 125 CDBG Fund 6,601.37 �.6V1.37 126 COPS Fund \18 Air �al+y lmp 961.6O o6l.60 138 LLAD K Fund 141 LLAD #41 Fund 2.797.02 TOTAL------ ------' ------ ------ ------ ------ ------ --'—'-- ALL FUNDS %B,L A) 6.29 72.��.01 1.5m.�� 25;�1v.78 GIT7 OF DIAMOND BAR AGENDA REPORT AGENDA NO.6;'. TO: Terrence L. Belanger, City Manager MEETING DATE: June 16,1998 REPORT DATE: June 1, 1998 FROM: Joann M. Gitmed, Senior Accountant TITLE: Membership of the Ventura Port District, Gateway Cities Council of Governments (COG), and Agoura Hills and Calabasas Community Center Authority (CCA) into the California Joint Powers Insurance Authority (CJPIA). SUMMARY: The Califomia Joint Powers Insurance Authority Executive Committee, at their meeting of May 27, 1998, recommended approval of the Ventura Port District, Gateway Cities COG, and Agoura Hills and Calabasas CCA for membership in the Authority. Entities applying for membership must be approved by a two-thirds majority of the current membership. RECOMMENDATION: Approve membership of the Ventura Port District, Gateway Cities COG, and Agoura Hills and Calabasas (CCA) 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 _ Resolution(s) Ordinances(s) Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: _ Public Hearing Notification Bid Specification (on file in City Clerk's Office) XX Other (Membership Application) 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: RE7W(u\-JV-1 BY: Terrence L. Belanger City Manager Linda G. Mag son Assistant Finance Director CITY COUNCIL REPORT AGENDA NO. MEETING DATE: June 16, 1998 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Membership of the Ventura Port District, Gateway Cities Council of Government (COG), and the Agoura Hills and Calabasas Community Center Authority (CCA) in the California Joint Powers Insurance Authority. ISSUE STATEMENT: RECOMMENDATION: Approve membership of the Ventura Port District, Gateway Cities COG, and the Agoura Hills and Calabasas CCA 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 their meeting of May 27,1998, recommended approval of the Ventura Port Harbor, Gateway Cities COG and the Agoura and Calabasas Community Center Authority for membership in the Authority. Entities applying for membership must be approved by a two-thirds majority of the current membership. FINANCIAL SUMMARY: Revenue- NIA Expenditure - NIA PREPARED BY; r J ann Wditmed, Senior Accountant C A L I F 0 R N I A I h ► A To: CALIFORNIA JPIA DIRECTOR c/o City Clerk From: Jonathan R. Shull, Assistant Executive Director Date: May 28,1998 Subject: Approval of Membership for the Ventura Port District, Gateway Cities Council of Governments, and Agoura Hills and Calabasas Community Center Authority The Executive Committee at their regular meeting of May 27, 1998, unanimously recommended the approval of the Ventura Port District, the Gateway Cities Council of Governments, and the Agoura Hills and Calabasas Community Center Authority for membership in the CALIFORNIA JPIA, subject to the initial primary deposits as indicated below: General Workers' Liability Compensation Ventura Port District: 26,762 6,750 Gateway Cities COG: 2,000 1,200 Agoura Hills and Calabasas CCA: 2,000 1,200 Enclosed is a Membership Consent Form for each of these prospective Members, and a report of their evaluations. We are requesting that each City Clerk deliver the enclosed materials to the CALIFORNIA JPIA Director appointed by their Council, and expedite returning the forms 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 forms by June 15, 1998. Please feel free to call me if you have any questions at (562) 467-8717. CALIFORNIA JOINT POWERS INSURANCE A U T H O R I T Y 4952 LA PALMA AVFNUt I A I'AI_MA, (:A 90h2.; TEL (862)467-8700 FAX (562)860-4992 CALIFORNIA JPIA MEMBERSHIP APPLICATION 0000000 REPORT OF EVALUATION of VENTURA PORT DISTRICT 0000000 I. GENERAL INFORMATION A. Date of Survey: April 15, 1998 B. Participants in Survey: 1. For CALIFORNIA JPIA: Jon Shull, Assistant Executive Director 2. For District: Edward G. Wohlenberg, General Manager Anita Lambie, Accountant C. Description of Applicant: The Ventura Port District was established on April 15, 1952, under Sections 6200 to 6272 of the Harbor and Navigation Code of the State of California for the purpose of acquiring, constructing and operating a small boat harbor now known as Ventura Harbor. The Ventura Port District is located approximately 60 miles north of Los Angeles, just off the Ventura Freeway (US Route 101) in the City of San Buenaventura. It is a special district that owns 274 acres of coastal property, the majority of which is leased to various commercial ventures providing business, retail, and recreational opportunities for the residents and users of the southern central coast. Page -1- The District is governed by a board of five commissioners appointed by the City Council of the City of San Buenaventura. They serve for a term of four years without compensation. The Board of Port Commissioners appoints legal counsel, an auditor, and a general manager to implement Board policies and direct operational aspects of the harbor. The District boundaries include all of the City of San Buenaventura and certain adjacent unincorporated areas. The District receives a pro rata share of the general tax levy from the County of Ventura. The District presently has outstanding voter approved General Obligation Bonds and thus a tax is currently assessed for the repayment of principal and interest upon property owners within the District's boundaries. The District also has the power of eminent domain. Two non-profit public benefit corporations were organized to own and operate the leasehold interests of a former Port District master lessee. In 1982, the District issued Certificates of Participation (COPs) to finance construction of wharf facilities which were leased to Ocean Services Corporation under a sublease purchase agreement. When Ocean Services Corp. defaulted on its obligations to the trustee for the COPs, the District entered into a settlement agreement whereby it created the Ventura Port District Public Facilities Corporation to act as the successor lessee of the property formerly leased to Ocean Services Corp. In June 1993, the District formed the Ventura Port District Public Improvement Corporation to acquire the ground sublease and leasehold improvements situated on a portion of the leasehold formerly held by Ocean Services Corp. and acquired by Great Western Bank through foreclosure. On August 19, 1993, a judgment against the District in the amount of $15,560,167 became final in a lawsuit brought against the District by Ventura Group Ventures (a successor of Ocean Services Corp.). The Ventura Group's complaint contended damages arose out of alleged actions of the District in the nature of breach of contract. Subsequently, the District filed a petition in the Bankruptcy Court under Chapter 9 of the Bankruptcy Code on August 20, 1993. The District's Plan of Debt Adjustment was confirmed by the bankruptcy court on April 9, 1998. That action effectively removes the Page -2- District from the Chapter 9 bankruptcy proceedings, so long as the adopted Plan is carried out. As the Plan is structured, the District intends to sell a $15.2 million revenue bond issue (certificates of participation) with the proceeds to be used primarily for creditor payments. In addition, the bond covenants indicate that all usual operating and maintenance costs of the District, including insurance costs, are first to be met from District revenues, then debt service on the bonds is payable from net revenues. The Plan is still subject to appeal by the creditors, and whether or not that will occur is unknown at this time. Regardless, the Plan has been confirmed by the appropriate Court and appeals are not likely to modify the Plan significantly, in the opinion of the District legal counsel. During the survey, District staff displayed knowledge and concern about risk management issues. This attitude was reflected in the physical plant of the District which generally appeared to be well maintained and in good working order. H. CURRENT INSURANCE PROGRAM The District currently purchases commercial insurance for its general liability exposures. The District has primary coverage through Reliance Insurance Company to $1,000,000 with a per claim deductible of $5,000. An excess policy with Royal Insurance Company provides coverage for claims up to $6,000,000, and an excess policy with Navigators Insurance Company provides coverage for claims up to $11,000,000. Workers' Compensation coverage is provided by State Compensation Fund. Premium for the District for the 1997-1998 coverage period was estimated to be $15,881. The District's property insurance coverage is provided by Reliance Insurance Company, with total insured values in the amount of $9,900,000 The premium for 1997-1998 was $26,678. The District intends to continue to purchase insurance for its marine liability exposures, as these are not covered by the CALIFORNIA JPIA's Memorandum of Coverage. In addition, the District intends to purchase insurance for its slips and docks as these are not currently covered through the CALIFORNIA JPIA property program. The CALIFORNIA JPIA's broker, Robert F. Driver, will be Page -3- providing competitive quotes for the District to compare with quotes provided by its current broker. III. EXPERIENCE AND LOSS DATA General and Automobile Liability The District has averaged 7.6 liability claims per year over the past five years, with losses which have averaged $12,262 annually. Workers' Compensation The District has averaged 3.0 workers' compensation claims per year over the past five years with losses which have averaged $1,873 annually. IV. APPLICATION FEE AND DEPOSIT COMPUTATIONS A. Application Fee: The Ventura Port District 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 $26,762. The deposit was established based upon a pro forma analysis of the District's claims history covering the period July 1, 1991 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 $9,003 for the $10,000 retention level. The deposit was established based upon a pro forma analysis of the District's claims history covering the period July 1, 1990 to June 30, 1997. The District's current workers' compensation coverage expires in October 1998, so the District will likely considering joining the CALIFORNIA JPIA's workers' compensation program at that time. The initial deposit would be pro rated to reflect the actual coverage period. Page -4- V. PHYSICAL INSPECTION AND COMMENTS A. ADMINISTRATION BUILDING/MAINTENANCE FACILITY The District's administration building houses administration, dispatch, vehicle and facilities maintenance, and changing rooms for maintenance and harbor patrol employees. The building is well maintained, includes a sufficient number of exits, accommodations have been made to make the facility accessible to the disabled. The parking lot is sufficiently lighted and maintained. The maintenance division is responsible for facilities and parking lot landscaping maintenance, as well as minor parking lot and sidewalk repair. Major infrastructure projects are performed by contractors. The public works portion of the administration building demonstrated a commitment to good housekeeping. B. PARKING LOTS The District owns six parking lots which are used by the public for access to the beach and commercial areas. The lots appeared to be adequately maintained with appropriate lighting, signage, and pavement markings. C. LEASED BUILDINGS The District owns nine buildings which are leased to other entities, both public and private. Building maintenance is performed under contract by a property management company. Risk transfer language favorable to the District is a part of the property management agreement. D. LEASED PROPERTY The District owns over 120 acres of land which it has leased to other entities, both public and private. Fifty-year leases have been into for the nine parcels which comprise this leased property. Risk transfer language favorable to the District is a part of the lease agreements. E. HARBOR PATROL The Harbor Patrol serves as the primary rescue and enforcement agency for the Ventura Port District. While the Patrol Officers are sworn peace officers, they are not trained or certified as police officers Page -5- or law enforcement officers in the more typical sense. The Officers do not carry weapons, but work closely with local law enforcement agencies. Harbor Patrol activities are limited to enforcement of rules, regulations and laws on boating, waterways and enforcement of parking regulations in the District parking lots. Rescue of boaters and swimmers is also a primary responsibility. While most patrol activities are conducted by boat, there is also patrolling by vehicle within the Harbor's area of responsibility. There are eight regular Ventura Harbor Patrol officers and six additional part-time officers, with Department leadership provided by the Operations Manager. VI. SUMMARY AND EVALUATION The District's 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 District's exposure to risk/loss. The District's total operations encompass a variety of activities which go beyond the scope of coverage provided by the CALIFORNIA JPIA, however, the District will continue to purchase insurance from the commercial marketplace to protect itself from these exposures. Activities in which the District participates that are more typical of existing members, are accomplished in an efficient manner with due consideration of risk management issues. It is the CALIFORNIA JPIA staff's conclusion that the loss experience, physical inspection, and interest expressed qualify the Ventura Port District for consideration for membership in the CALIFORNIA JPIA. We also find that membership will benefit the District 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. VII. RECOMMENDATION It is recommended that the Ventura Port District's application for membership in the CALIFORNIA JOINT POWERS INSURANCE AUTHORITY be approved with an initial General Liability Program primary deposit of $26,762, with coverage beginning July 1, 1998. It is further recommended that the District's participation in the Workers' Compensation Program at the $10,000 retention level be approved with a pro rated primary deposit of $6,750 for coverage period of October 1, 1998 through June 30, 1999. Page -6- CALIFORNIA -J-06, JOINT POWERS INSURANCE AUTHORITY 4952 La Palma Avenue, La Palma, California 90623 (562) 467-8700 • FAX (562) 860-4992 Ventura Port District APPLICATION FOR MEMBERSHIP INSTRUCTIONS: Please complete the following underwriting information. You may attach additional sheets, if necessary, to amplify your answers. The application should be signed by the Executive Director. Please type your answers. ORGANIZATION: ADDRESS: TELEPHONE: EXEC. DIRECTOR: FINANCE OFFICER: RISK MANAGER: 1. POPULATION: 2. AREA: Date of Application: 4/8/98 Date of Incorporation: 14.115.159 VENTURA PORT DT STRT cT COUNTY OF: [iFNTTTR A 1603 Anchors Way, Ventura CA 93001 805 642-8538 FACSIMILE: 805 658-2249 Edward G WohlenberQ - - Anita Lamb 3. BUDGET INFORMATION: VPD only of n 274 Acres * Include Redevelopment Agency and/or other covered Agencies. TOTAL* OPERATING BUDGET TOTAL* CAPITAL BUDGET TOTAL* PAYROLL FY 1996-97 3,318,992 751,500 1,225 650 FY 1995-96 3,207,560 FY 1994-95 3,830,635 855.000 1.312.902 -- 12 02FY FY 1993-94 3,076,709 FY 1992-93 1,572,000 10,000 703,000 FY 1991-92 1,950,900 110 ,000 711.0 FY 1990-91 1,565,700 FY 1989-90 1,552,200 360,000 677,000 * Include Redevelopment Agency and/or other covered Agencies. 4. EMPLOYEE CENSUS: (no. of full-time employees) Clerical Office (8810) Municipal Non -Manual (9410) All Other Municipal (9420) Fire Fighters (7706) Police Officers (7720) Bus Operators (7382) Pilots (7425) Other (Designate Class) (9019 Outside Salesmen (8742) TOTAL FULL TIME EMPLOYEES 12 1 15 CURRENT INSURANCE PROGRAM: (Or last insured year) In addition, please submit the face sheets of all current policies. A. GENERAL LIABILITY COVERAGE: (Claims Made or Occurrence, Please specify) Primary Coverage: Carrier: Reliance Insurance Company Policy Period: 06/30/97 to 06/30/98 00 -000.0 Occurrence Limit: $ 1,000,000 - - - - - Premium: $ 41.000 Deductible/ Retention: Per Claim $ 5.000 Claims Administrator: Relianc EXCESS LIABILITY COVERAGE: $5,000,000 Excess of $ 1.000.000 Carrier: Royal Insurance Compa" Policy Period: 06/30/97 to 06/30/98 Premium: $ 18.250 $ 5.000.000 Excess of $ 6,000,000 Carrier: Navigators Insurance Company Policy Period: 06/30/97 to 06/30/98 Premium: $ 10.000 Carrier: Policy Period: Premium: $ Excess of $ 2 B. WORKERS COMPENSATION COVERAGE: Primary Coverage: Carrier: Policy Period: Premium: Employers Liability Limit: Deductible/ Retention: Claims Administrator: State Compensation Fund Excess Compensation Coverage: $ Excess of $ Carrier: Policy Period: Premium: C. PROPERTY INSURANCE: 1. Coverage: (replacement cost or other, please specify) Insured values: Buildings: Contents: Vehicles: Other: Electronic Equipment Total Values $ -0- Replacement Cost $9,093,689 $ 694,373 $ -0- $ 111,879 $9,899,941 Carrier: Reliance Insurance Comfy Policy Period: 06130/97 to 06/30/98 Premium: $ 26,678 3 LOSS EXPERIENCE: (past five completed years) In addition, please submit a current loss run with summary information. See "Claims History" form. A. GENERAL LIABILITY INCURRED LOSSES: Year Number of Losses Amount of Losses 92-93 7 5,361 93-94 2 2,219 94-95 6 17,854 95-96 15 34,364 96-97 8 1,510 B. WORKERS' COMPENSATION INCURRED LOSSES: Year Number of Losses Amount of Losses 92-93 4 1,031 93-94 0 0 94-95 7 4,145 95-96 2 701 96-97 2 3,486 C. INSURED PROPERTY INCURRED LOSSES: Year Number of Losses Amount of Losses 92-93 0 0 93-94 0 0 94-95 0 0 95-96 0 0 96-97 0 0 4 CALIFORNIA JPIA MEMBERSHIP APPLICATION 000.600 REPORT OF EVALUATION of GATEWAY CITIES COUNCIL OF GOVERNMENTS 0000000 L GENERAL INFORMATION A. Date of Evaluation: May 5,1998 B. Participants in Survey: For CALIFORNIA jPIA: 2. For Gateway Cities COG: C. Description of Applicant: Jon Shull, Assistant Executive Director Linda Lowry, Fiscal Advisor The Gateway Cities Council of Governments (Gateway Cities COG) was formed in 1996 under a joint Exercise of Powers Agreement to address issues of area -wide significance. It is comprised of the Cities of Avalon, Artesia, Bell, Bellflower, Bell Gardens, Cerritos, Commerce, Compton, Cudahy, Downey, Hawaiian Gardens, Huntington Park, La Habra Heights, Lakewood, La Mirada, Long Beach, Lynwood, Maywood, Montebello, Norwalk, Paramount, Pico Rivera, Santa Fe Springs, Signal Hill, South Gate, and Vernon and the County of Los Angeles. Gateway Cities COG was initially formed for transportation purposes, but its role has expanded to address additional issues of regional concern to its members. Gateway Cities COG works in conjunction with the Southern California Association of Governments and the Metropolitan Transportation Authority to address regional transportation issues. The Council also works with other levels of government in addressing planning and economic development issues. 7. GENERAL EXPOSURES: A. Waterfront Property: B. Marinas C. Watercraft D. Cemeteries: E. Housing: F. Libraries and/or Museums: G. Parks and Playgrounds: H. Stadiums and/or Grandstands: I. Swimming Pools: J. Golf Courses: K. Police Horses: L. Police Canines: M. Auditoriums and/or Exhibition Halls: N. Community Centers: O. Buildings Leased to Others: P. Land Leased to Others: Q. Buildings and/or Land Leased by Organization: R. Hospitals: S. Airports: T. Fixed -Wing Aircraft: U. Helicopters: V. Permits: W. Construction: X. Demolition: Y. Environmental/Hazards: Z. Other: 8. VEHICLE EXPOSURES: A. General Vehicles: Passenger: Pickups/ Vans: Construction/Heavy Equipment: Other: Jeeps B . Emergency Vehicles: Police: Passenger: Motorcycles: Pickups/Vans: Fire: Passenger: Pickups/Vans: Apparatus: C. Public Transit Vehicles: Passenger: Mini Buses/Vans: Buses: E Number Number Area 9 46.30 Acres 1 12/57 Acres 3 9 9R„901 GT, ft. 9 199.11 Acres The structure of the Gateway Cities COG is similar to that of the CALIFORNIA JPIA. Gateway Cities COG is governed by a 27 -member Board of Directors composed of one Council Member from each member city and one representative from Los Angeles County. The Board of Directors meets at least annually for adoption of an annual budget and work programs and election of the 10 -member Executive Committee. The Executive Committee meets monthly and is responsible for setting operating policy and overseeing .the work of the Executive Director. The Executive Director, in turn, employs the staff necessary to carry -out the work program of the Gateway Cities COG. The Executive Committee is assisted by a City Managers Advisory Committee which meets monthly. The Gateway Cities COG's 1997-1998 operating budget is $1,053,600 with a current employment of one full-time employee and six contract employees. During the meetings with the Gateway Cities COG staff, they displayed knowledge and concern about risk management issues. This attitude was reflected in the condition of the workplace. II. CURRENT INSURANCE PROGRAM Since its formation in 1996, Gateway Cities COG has been without insurance protection due to its limited scope of operations. III. EXPERIENCE AND LOSS DATA Gateway Cities COG has had no general liability losses since its formation. Gateway Cities COG has had no workers' compensation losses since its formation. Gateway Cities COG has had no property losses since its formation. IV. APPLICATION FEE AND DEPOSIT COMPUTATIONS A. Application Fee: Gateway Cities COG has placed payment of the $1,500 application fee on its agenda for June 8, 1998. B. General Liability Deposit: The initial primary deposit covering the period July 1, 1998 through June 30, 1999 was established at $2,000. The deposit was established based upon the anticipated claims activity of the Gateway Cities COG and its anticipated payroll. C. Workers' Compensation Deposit: If Gateway Cities COG chooses to join the CALIFORNIA JPIA's workers' compensation program, the primary deposit would be $1,200. The deposit was established based upon the anticipated claims activity of the Gateway Cities COG and its anticipated payroll. V. PHYSICAL INSPECTION AND COMMENTS A. GATEWAY CITIES COG ADMINISTRATIVE OFFICES The Gateway Cities COG leases its 1,200 sq. ft. office space. The building is well maintained and sprinklered, includes a sufficient number of exits and is accessible to the disabled. The parking lot is sufficiently lighted and maintained. VI. SUMMARY AND EVALUATION Gateway Cities COG's 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 exposure to loss. It is the CALIFORNIA JPIA staff's conclusion that the loss experience, magnitude of exposures, physical inspection, and interest expressed qualify the Gateway Cities Council of Governments for consideration for membership in the CALIFORNIA JPIA. We also find that membership will be of advantage to the Gateway Cities COG 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. VII. RECOMMENDATION It is recommended that the Gateway Cities Council of Governments' application for membership in the CALIFORNIA JOINT POWERS INSURANCE AUTHORITY be approved with a General Liability Program primary deposit of $2,000 and a Workers' Compensation primary deposit of $1,200. 3 CALIFORNIA JOINT POWERS INSURANCE AUTHORITY 4952 La Palma Avenue, La Palma, California 90623 (562) 467-8700 * FAX (562) 860-4992 CAL Gateway Cities Council of Governments ] P - t • A APPLICATION FOR MEMBERSHIP INSTRUCTIONS: Please complete the following underwriting information. You may attach additional sheets, if necessary, to amplify your answers. The application should be signed by the Executive Director. Please type your answers. Date of Application: Date of Incorporation: October 31, 1996 ORGANIZATION: Gateway Cities Council COUNTYOF: Los Angeles of overnments ADDRESS: 7300 Alondra Blvd Suite 1n1, ParaMmint, CQ 90723 TELEPHONE: 562.663.6850 FACSIMILE: 562.634.8216 EXEC. DIRECTOR: Richard Powers FINANCE OFFICER Linda Lowry RISK MANAGER: Linda Lowry 1. POPULATION: N/A 2. AREA: N/A 3. BUDGET INFORMATION: * Include Redevelopment Agency and/or other covered Agencies. TOTAL* OPERATING BUDGET TOTAL* CAPITAL BUDGET TOTAL* PAYROLL FY 1997-98 $1,053,600 -0- $8,000 FY 1996-97 565,000 -0- -0- FY 1995-96 FY 199495 FY 1993-94 FY 1992-93 FY 1991-92 FY 1990-91 * Include Redevelopment Agency and/or other covered Agencies. 4. EMPLOYEE CENSUS: (no. of full-time employees) Clerical Office (8810) 1 Municipal Non -Manual (9410) All Other Municipal (9420) Fire Fighters (7706) — Police Officers (7720) — Bus Operators (7382) — Pilots (7425) — Other (Designate Class) TOTAL FULL TIME EMPLOYEES 1 Plus 6 contract employees) 5. CURRENT INSURANCE PROGRAM: (Or last insured year) none In addition, please submit the face sheets of all current policies. A. GENERAL LIABILITY COVERAGE: (Claims Made or Occurrence, Please specify) 1. Primary Coverage: Carrier: Policy Period: Occurrence Limit: Premium: Deductible/ Retention: Claims Administrator: EXCESS LIABILITY COVERAGE: Carrier: Policy Period: Premium: Carrier: Policy Period: Premium: Carrier: Policy Period: Premium: $ Excess of $ $ Excess of $ $ Excess of $ 2 B. WORKERS COMPENSATION COVERAGE: Primary Coverage: Carrier: Policy Period: $ Premium: $ Employers Liability Limit: $ Deductible/Retention: Claims Administrator: 2. Excess Compensation Coverage: $ Excess of $ Carrier: Policy Period: Premium: C. PROPERTY INSURANCE: 1. Coverage: (replacement cost or other, please specify) Insured values: $ Buildings: $ Contents: $ Vehicles: $ Other: $ Total Values Carrier: Policy Period: $ Premium: 3 LOSS EXPERIENCE: (past five completed years) In addition, please submit a current loss run with summary information. See "Claims History' form. A GENERAL LIABILITY INCURRED LOSSES: B. WORKERS' COMPENSATION INCURRED LOSSES: Year Number of Losses Amount of Losses C. INSURED PROPERTY INCURRED LOSSES: Year Number of Losses Amount of Losses 4 7. GENERAL EXPOSURES: Number Area A. Waterfront Property: B. Marinas C. Watercraft D. Cemeteries: E. Housing: F. Libraries and/or Museums: G. Parks and Playgrounds: H. Stadiums and/or Grandstands: I. Swimming Pools: J. Golf Courses: K. Police Horses: L. Police Canines: M. Auditoriums and/or Exhibition Halls: N. Community Centers: O. Buildings Leased to Others: P. Land Leased to Others: Q. Buildings and/or Land Leased by Organization: R. Hospitals: S. Airports: T. Fixed -Wing Aircraft: U. Helicopters: V. Permits: W. Construction: X. Demolition: Y. Environmental/Hazards: Z. Other: 8. VEHICLE EXPOSURES: Number A. General Vehicles: Passenger: Pickups/Vans: Construction/ Heavy Equipment: Other: B. Emergency Vehicles: Police: Passenger: Motorcycles: Pickups/Vans: Fire: Passenger: Pickups/Vans: Apparatus: C. Public Transit Vehicles: Passenger: Mini Buses/Vans: Buses: 1 1,200 sq. ft. 9. ROADWAY AND TRAFFIC EXPOSURES: A. City Streets: (miles) B . County Roads: (miles) C. State Highway: (miles) D. Traffic Signals: (number) E. Parking Lots: (number) F. Parking Meters: (number) G. Sidewalks: (miles) 10. POLICE SERVICES EXPOSURES: A. Number of Swom Officers: Full-time: Part-time: B . Number of Reserves: Level I: Level II: C. Number of Police Stations: D. Number of Jail Facilities: Number of Cells: E. Is there a Policy and Procedures Manual? F. Is there a written Pursuit Policy? G. Is there a written Policy on the use of Firearms? H. Is there a written Policy on the use of Canines? 11. FIRE SERVICES EXPOSURES: A. Number of Sworn Fire Personnel: Full-time: Part-time: Volunteers: Paramedics: B . Number of Fire Stations: 12. UTILITY SERVICES EXPOSURES: A. Water Department: Please submit an inundation map showing location and describe each dam. 1. Number of Employees: 2. Average Capacity/day: Domestic: Industrial: 3. Source of supply: 4. Dams: Number: Capacity: Type: _ r, u 5. Reservoirs: Number: Capacity: Type: 6. Storage tanks: Number: Capacity: Type: 7. Source of water supply: B. Sanitary Sewer Service: Number of employees: Average capacity/day: Level of treatment: Effluent discharged to: C. Service Suppliers: Electrical Power: Natural Gas: Telephone: Cable Television: Water: (if private) Solid Waste Disposal: 13. Please include material information not requested on this form. ACKNOWLEDGEMENT (to be completed by Executive Director): All of the above information, including attachments, has been fully disclosed. The CJPIA may rely on these answers, including attachments, when considering this application for membership. NAME: DATE: SIGNATURE: LJrl Di e . C,b W 9--( 7 CALIFORNIA JPIA MEMBERSHIP APPLICATION 0000... REPORT OF EVALUATION of AGOURA HILLS AND CALABASAS COMMUNITY CENTER AUTHORITY 0000000 L GENERAL INFORMATION A. Date of Evaluation: May 6,1998 B. Participants in Evaluation: For CALIFORNIA JPIA: Jon Shull, Assistant Executive Director 2. For AHCCCA: Audrey Brown, Director of Community Services (Agoura Hills) C. Description of Applicant: The cities of Agoura Hills and Calabasas formed the Agoura Hills and Calabasas Community Center Authority (AHCCCA) under a Joint Powers Agreement for the construction, furnishing, and operation of a community center. Located on 4.5 acres of land in the City of Calabasas, the Community Center will be a 30,000 square foot, state of the art facility that will offer a variety of recreational, social, cultural and educational programs and activities to meet the needs of the surrounding communities. Volunteers from throughout the region will contribute their time and expertise to help a professional recreation staff shape the programs offered at the Community Center. The facility will include tournament level basketball and volleyball courts, full fitness center, multi-purpose room with exterior patio, 1 kitchen for catered events, dance/exercise room, senior citizens lounge, activity rooms, meeting rooms, and outdoor play areas. The Community Center will be jointly managed by the cities of Agoura Hills and Calabasas. Funding will be provided equally by the two cities. A non-profit organization, the Community Center Alliance, has also been formed to raise funds for the construction of the Center. The AHCCCA is governed by a seven -member board consisting of one Council Member of each city, two residents of each city appointed by their respective Councils, and the President or a member of the Executive Board of the Community Center Alliance. The position of Executive Director will be filled by the City Manager of one of the participating cities. At the end of one year, the responsibility will alternated to the other City Manager. Staff from each City will also provide management direction to the AHCCCA. II. CURRENT INSURANCE PROGRAM Since its formation in 1997, AHCCCA has been without insurance protection due to its limited scope of operations. III. EXPERIENCE AND LOSS DATA AHCCCA has had no general liability losses since its formation. AHCCCA has had no workers' compensation losses since its formation. AHCCCA has had no property losses since its formation. IV. APPLICATION FEE AND DEPOSIT COMPUTATIONS A. Application Fee: AHCCCA has placed payment of the $1,500 application fee on its agenda for May 14, 1998. B. General Liability Deposit: The initial primary deposit covering the period July 1, 1998 through June 30, 1999 was established at $2,000. The deposit was established based upon the anticipated claims activity of the AHCCCA and its anticipated payroll. 2 C. Workers' Compensation Deposit: If AHCCCA chooses to join the CALIFORNIA JPIA's workers' compensation program, the primary deposit would be $1,200. The deposit was established based upon the anticipated claims activity of the AHCCCA and its anticipated payroll. VI. SUMMARY AND EVALUATION AHCCCA will provide services not unlike the services provided by most of community services departments the membershipcities wouldfthe create any CALIFORNIA JPIA- It is not anticipated that AHCCCA's exceptional or unusual exposures to the other members of the CALIFORNIA JPIA. to the AHCCCA's leadership understands ahazardous conditions need to be evaluated t of risk management and is aware and addressed to reduce exposure to loss. It is the CALIFORNIA JPIA staff's conclusion that the loss experience, magnitude of exposures, and interest expressed qualify the Agoura Hills and Calabasas Community Center Authority for consideration for membership in the CALIFORNIA JPIA. We also find that membership will be of advantage to the AHCCCA 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. VII. RECOMMENDATION It is recommended that the Agoura Hills and Calabasas Community Center Authority's application for membership in the CALIFORNIA JOINT POWERS INSURANCE AUTO Liabilitydeposit primary deposit of $2,00and a Workers' Compensation primary of $1,200. 3 CALIFORNIA JOINT POWERS INSURANCE AUTHORITY 4952 La Palma Avenue, La Palma, California 90623 (562) 467-8700 • FAX (562) 860-4992 IMIIIiIIIE CALIFORNIA Agoura Hills and Calabasas T. -P1 . A Community Center Authority APPLICATION FOR MEMBERSHIP INSTRUCTIONS: Please complete the following underwriting information. You may attach additional sheets, if necessary, to amplify your answers. The application should be signed by the Executive Director. Please type your answers. * Include Redevelopment Agency and/or other covered Agencies. 4/29/98 Date of Application: 21/24/97 Date of Incorporation: Agoura Hills/Calabasas COUNTY OF: Los Angeles ORGANIZATION: CQmnunit-y Cautar - Joint Powers Authority 30101 Agoura Court, Ste 102, Agoura Hills CA 91301 ADDRESS: TELEPHONE: (818) 597-7300 5Q7 -7l FACSIMILE: (818) 5- EXEC. DIRECTOR: Dave Adams FINANCE OFFICER: Georgette Holt RISK MANAGER: Georgette Holt 1. POPULATION: 47,100 4.5 Acres 2. AREA: 3. BUDGET INFORMATION: TOTAL * TOTAL* TOTAL* OPERATING CAPITAL PAYROLL BUDGET BUDGET FY1998-99 $202,500 $4,200,000 $63,100 Capital project is FY 1996-97 tltreugFY 1995-96 two cities, not the Authority. FY 1994-95 FY 1993-94 FY 1992-93 FY 1991-92 FY 1990-91 * Include Redevelopment Agency and/or other covered Agencies. 4. EMPLOYEE CENSUS: (no. of full-time employees) Clerical Office (8810 ) 12 Municipal Non -Manual (9410) 1 All Other Municipal (9420) Fire Fighters (7706) Police Officers (7720) Bus Operators (7382) Pilots (7425) Other (Designate Class) ( ) TOTAL FULL TIME EMPLOYEES 4 5. CURRENT INSURANCE PROGRAM: (Or last insured year) 1998-99 is the first year of operation for the Authority. In addition, please submit the face sheets of all current policies. A. GENERAL LIABILITY COVERAGE: (Claims Made or Occurrence, Please specify) 1. Primary Coverage: Carrier: Policy Period: $ Occurrence Limit: $ Premium: $ Deductible/ Retention: Claims Administrator: EXCESS LIABILITY COVERAGE: $ Excess of $ Carrier: Policy Period: Premium: Carrier: Policy Period: Premium: Carrier: Policy Period: Premium: Excess of $ Excess of $ 2 4. EMPLOYEE CENSUS: (no. of full-time employees) Clerical Office (8810) 1 Municipal Non -Manual (9410) 2 All Other Municipal (9420) 1 Fire Fighters (7706) Police Officers (7720) Bus Operators (7382) Pilots (7425) Other (Designate Class) ( ) TOTAL FULL TIME EMPLOYEES 4 5. CURRENT INSURANCE PROGRAM: (Or last insured year) 1998-99 is the first year of operation for the Authority. In addition, please submit the face sheets of all current policies. A. GENERAL LIABILITY COVERAGE: (Claims Made or Occurrence, Please specify) 1. Primary Coverage: Carrier: Policy Period: Occurrence Limit: $ Premium: $ Deductible/ Retention: $ Claims Administrator: EXCESS LIABILITY COVERAGE: $ Excess of $ Carrier: Policy Period: Premium: Carrier: Policy Period: Premium: Carrier: Policy Period: Premium: Excess of Excess of 2 5. Reservoirs: Number: Capacity: Type: 6. Storage tanks: Number: Capacity: Type: 7. Source of water supply: B. Sanitary Sewer Service: Number of employees: Average capacity/day: Level of treatment: Effluent discharged to: C. Service Suppliers: Electrical Power: Natural Gas: Telephone: Cable Television: Water: (if private) Solid Waste Disposal: 13. Please include material information not requested on this form. ACKNOWLEDGEMENT (to be completed by Executive Director): All of the above information, including attachments, has been fully disclosed. The CJPIA may rely on these answers, including attachments, when considering this application for membership. NAME: Dave Adams, Executive Officer DATE: 4/28/98 SIGNATURE: c�3 7 B. WORKERS COMPENSATION COVERAGE: 1. Primary Coverage: Carrier: Policy Period: Premium: $ Employers Liability Limit: $ Deductible/ Retention: $ Claims Administrator: 2. Excess Compensation Coverage: $ Excess of $ Carrier: Policy Period: Premium: C. PROPERTY INSURANCE: 1. Coverage: (replacement cost or other, please specify) Insured values: Buildings: Contents: Vehicles: Other: Total Values Carrier: Policy Period: Premium: 3 6. LOSS EXPERIENCE: (past five completed years) In addition, please submit a current loss run with summary information. A. GENERAL LIABILITY INCURRED LOSSES: Year Number of Losses Amount of Losses B. WORKERS' COMPENSATION INCURRED LOSSES: Year Number of Losses Amount of Losses C. INSURED PROPERTY INCURRED LOSSES: Year Number of Losses Amount of Losses 4 7. GENERAL EXPOSURES: A. Waterfront Property: B. Marinas C. Watercraft D. Cemeteries: E. Housing: F. Libraries and/or Museums: G. Parks and Playgrounds: H. Stadiums and/or Grandstands: I. Swimming Pools: J. Golf Courses: K. Police Horses: L. Police Canines: M. Auditoriums and/or Exhibition Halls: N. Community Centers: O. Buildings Leased to Others: P. Land Leased to Others: Q. Buildings and/or Land Leased by Organization: R. Hospitals: S. Airports: T. Fixed -Wing Aircraft: U. Helicopters: V. Permits: W. Construction: X. Demolition: Y. Environmental/ Hazards: Z. Other: 8. VEHICLE EXPOSURES: Number Area 1 10,000 square feet Number A. General Vehicles: Passenger: Pickups/Vans: Construction/Heavy Equipment: Other: B. Emergency Vehicles: Police: Passenger: Motorcycles: Pickups/ Vans: Fire: Passenger: Pickups/Vans: Apparatus: C. Public Transit Vehicles: Passenger: Mini Buses/Vans: Buses: 5 9. ROADWAY AND TRAFFIC EXPOSURES: A. City Streets: (miles) B. County Roads: (miles) C. State Highway: (miles) D. Traffic Signals: (number) E. Parking Lots: (number) F. Parking Meters: (number) G. Sidewalks: (miles) 10. POLICE SERVICES EXPOSURES: A. Number of Sworn Officers: Full-time: Part-time: B. Number of Reserves: Level I: Level II: C. Number of Police Stations: D. Number of Jail Facilities: Number of Cells: E. Is there a Policy and Procedures Manual? F. Is there a written Pursuit Policy? G. Is there a written Policy on the use of Firearms? H. Is there a written Policy on the use of Canines? 11. FIRE SERVICES EXPOSURES: A. Number of Sworn Fire Personnel: Full-time: Part-time: Volunteers: Paramedics: B . Number of Fire Stations: 12. UTILITY SERVICES EXPOSURES: A. Water Department: Please submit an inundation map showing location and describe each dam. 1. Number of Employees: 2. Average Capacity/day: Domestic: Industrial: 3. Source of supply: 4. Dams: Number: Capacity: Type: _ 6 5. Reservoirs: Number: Capacity: Type: 6. Storage tanks: Number: Capacity: Type: 7. Source of water supply: B. Sanitary Sewer Service: Number of employees: Average capacity/day: Level of treatment: Effluent discharged to: C. Service Suppliers: Electrical Power: Natural Gas: Telephone: Cable Television: Water: (if private) Solid Waste Disposal: 13. Please include material information not requested on this form. ACKNOWLEDGEMENT (to be completed by Executive Director): All of the above information, including attachments, has been fully disclosed. The CJPIA may rely on these answers, including attachments, when considering this application for membership. NAME: DATE: Dave Adams, Executive Officer 4/28/98 SIGNATURE: (`)� 7 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. 69. % TO: Honorable Mayor and Members of the City Council MEETING DATE: June 16, 1998 REPORT DATE: May 26, 1998 FROM: Terrence L. Belanger, City Manager TITLE: Exoneration of Cash Deposit in Lieu of Grading Bond (Faithful Performance, Labor & Material) for 2653 Wagon Train Lane in Diamond Bar. SUMMARY: The Owner, Irma Sands requests the release of her Cash Deposit in Lieu of Grading Bond for improvement security as required in accordance with the Subdivision Map Act. The City Engineer finds that the Owner performed all works as shown on the grading plan on file with the City. RECOMMENDATION: It is recommended that the City Council approve the exoneration of Cash Deposit, in the amount of $5,400.00 posted with the City on January 15, 1992 and that the City Clerk notify the Owner and Surety of this action. 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: 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? N/A _Yes _ No Report discussed with the following affected departments: REVIEWED BY: q1 tj lt. Terrence L. Belan City Manager James DeStef o Deputy City ger avid G. Liu Deputy Director of Public Works CITY COUNCIL REPORT AGENDA NO. _ MEETING DATE: June 16, 1998 TO: Honorable Mayor and Members of the City Council FROM: Terrence L.Belanger, City Manager SUBJECT: Exoneration of Cash Deposit in Lieu of Grading Bond (Faithful Performance, Labor & Material) for 2653 Wagon Train Lane in Diamond Bar. ISSUE STATEMENT Consider exoneration of Cash Deposit in Lieu of Grading Bond for improvement security as required in accordance with the Subdivision Map Act RECOMMENDATION It is recommended that the City Council approve the exoneration of Cash Deposit, in the amount of $5,400.00 posted with the City on January 15, 1992 and that the City Clerk notify the Owner and Surety of this action. FINANCIAL SUMMARY This action has no fiscal impact on the City. BACKGROUND In accordance with Section 66462 of the Subdivision Map Act, the City entered into agreement with Irma Sands to complete grading and retaining wall improvements located at 2653 Wagon Train Lane, Diamond Bar. The owner guaranteed faithful performance of this agreement by posting with the City on January 15, 1992, a Cash Deposit in lieu of a grading bond for Grading Improvements. All grading and retaining walls have been approved on May 3, 1994 by the City's Consultant, Mr. Jack Ozdere of RKA Civil Engineers. DISCUSSION The following bond is recommended for exoneration: Account Number: Cash Deposit - Check Number 4475 CR#5919 Amount: $5,400.00 Reason: All grading and retaining wall improvements have been completed and approved by the City. PREPARED BY.• ROSE AMNELA CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. J TO: Honorable Mayor and Members of the City Council MEETING DATE: June 16, 1998 REPORT DATE: June 09, 1998 FROM: Terrence L. Belanger, City Manager TITLE: APPROVAL OF MONTHLY CONTRACT WITH DIVERSIFIED PARA - TRANSIT INC. FOR DIAMOND RIDE SERVICES SUMMARY: The contract with Diversified Paratransit, Inc. for Dial A Cab services expires on June 30, 1998. In order to continue the Dial A Cab services, it is proposed that the contract with Diversified Paratransit be modified to a monthly contract with a thirty (30) day termination clause. Diversified Paratransit has agreed to continue the Dial A Cab service on the proposed monthly basis at the same rates. The City can review the Dial A Cab services provided, review options and recommend possible modifications to the program in the next few months, while not effecting the service. The Dial A Cab program is budgeted in the proposed 1998-99 at $23,000 per month funded through Proposition A - Transit Fund. RECOMMENDATION: It is recommended that the City Council approve Amendment No. 3 to the Agreement with Diversified Paratransit, Inc. for Dial A Cab Services to be continued on a monthly basis. LIST OF ATTACHMENTS: Staff Report _Public Hearing Notification _ Resolution(s) _Bid Specification _ Ordinance(s) _LOther: Letter x Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? 2. Does the report require a majority vote? 3. Has environmental impact been assessed? 4. Has the report been reviewed by a Commission? Which Commission? 5. Are other departments affected by the report? REVJEWED BY: Terrence L. Belan City Manager ; X Yes _ No X Yes _ No N/A Yes _ No Imo/ _ Yes _ No _ Yes X No Kellee A. Fritzal Assistant to the City Manager CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Terrence L. Belanger, City Manager MEETING DATE: June 16,1998 REPORT DATE: June 8,1998 FROM: Bob Rose, Community Services Director TITLE: Extension of City -Wide Street Tree Maintenance Contract. SUMMARY: On July 5, 1994, the City Council awarded a contract to West Coast Arborists, Inc. for City-wide street tree maintenance. The first year of the contract was from July 1, 1994 through June 30, 1995. The contract allows the City Council to extend the contract on an annual basis if an extension is deemed to be in the best interest of the City. The contract also allows the City Council to determine the quantity of work to be performed by the contractor on an annual basis. The contract has been extended by City Council for the past three years in the amount of $45,000 for 1995/96 and 1996/97 fiscal years and $55,000 for 1997198. Staff recommends that the extension for the 1998199 fiscal year be in the amount of $60,000 in order to complete two scheduled area flims of about 2,000 trees. West Coast Arborists, Inc. has done an excellent job servicing the City's tree maintenance needs. West Coast Arborists, Inc. has agreed to forgo a Consumer Price Index (C.P.I.) increase for the 1998/99 fiscal year contract, as they have for the past four years. RECOMMENDED ACTION: It is recommended that the City Council approve the extension of the contract for City-wide street tree maintenance to West Coast Arborists, Inc., in the amount not to exceed $60,000 for the 1998199 fiscal year. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification _ Resolution(s) _ Bid Specifications (on file in City Clerk's office) _. Ordinance(s) X Other: Letter of Agreement X Aareement(s) _ EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? 2. Does the report require a majority vote? 3. Has environmental impact been assessed? 4. Has the report been reviewed by a Commission? What Commission? 5. Are other departments affected by the report? Report discussed with the following affected departments: REVIEWED BY: Terrence L. Belanger City Manager _Utll)p - James DeStefan Deputy City Manager X Yes _ No X Yes _ No _ Yes X No _ Yes X No _ Yes X No None DEPARTM HEAD: Z� 0 ose Community Services Director WITUM a9U_I_ KNOW ALL MEN BY THESE PRESENTS: That the following agreement is made and entered into, in duplicate, as of the date executed by the City Clerk and the Mayor, by and between West Coast Arborists, Inc. hereinafter referred to as the "Contractor" and the City of Diamond Bar, California, hereinafter referred to as "City" WHEREAS, pursuant to Notice Inviting Sealed Bids or Proposals, bids were received, publicly opened, and declared on the date specified in said notice; and WHEREAS, City did accept the bid of Contractor West Coast Arborists. Inc_ and; WHEREAS, City has authorized the City Clerk and Mayor to enter into a written contract with Contractor for furnishing labor, equipment, and material for Citywide Street Tree Service as described in Exhibit "A". NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: Contractor shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for citywide street tree service. Said work to be performed in accordance with specifications and standards on file in the office of the City Manager and in accordance with bid prices hereinafter mentioned and in accordance with the instructions of the City Manager. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The aforesaid specifications are incorporated herein by -reference thereto and made a part hereof with like force and effect as if all of said documents were set forth in full herein. Said documents, the Resolution Inviting Bids attached hereto, together with this written agreement, shall constitute the contract between the parties. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the contractor whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this written agreement shall control. a. The undersigned bidder agrees to execute the contract within ten (10) calendar days from the date of notice of award of the contract or upon notice by City after ten (10) calendar days from the date of notice of award of the contract or upon notice by City after the 10 calendar days, and to complete his portion of the work within one hundred twenty (120) calendar days from the execution of the first contract. The bidder agrees further to the assessment of liquidated damages in the amount of one -hundred ( $100.00) dollars for each calendar day the work remains incomplete beyond the expiration of the completion date. City may deduct the amount thereof from any monies due or that may become due the Contractor under this contract. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages. 4. .INSURANCE: The Contractor shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the Contractor allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The contractor shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Compensation Insurance: Before beginning work, the contractor shall furnish to the Engineer a certificate of insurance as proof that he has taken out full compensation insurance for all persons whom he may employ directly or through subcontsactors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every contractor shall secure the payment of compensation to his employees. Contractor, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for worker's compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." b. For all operations of the Contractor or any subcontractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) Public Liability - Bodily Injury (not auto) S500,000 each person; $1,000,000 each accident. 2) Public Liability - Property Damage (not auto) $250,000 each person; $500,000 aggregate. 3) Contractor's Protective - Bodily Injury $500,000 each person; $1,000,000 each accident. 4) Contractor's Protective - Property Damage $250,000 each accident; $500,000 aggregate. 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 6) Automobile - Property Damage $250,000 each accident. c. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is qualified to do business in the State of California. 2) Name as additional insured the City Or Diamond Bar, its officers, agents and employees, and any other parties specified in the bid documents to by so included; 3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under said policy; 4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by City of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter. 5) Otherwise be in form satisfactory to City. d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: 1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c.(2) hereof to be listed as additional insureds in the policy of insurance -f provided for in paragraph b. by reason of any claim arising out of or connected with the operations of Contractor or any subcontractor in performing the work provided for herein; 2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to City by registered mail. The Contractor shall at the time of the execution of the contract present the original policies of insurance required in paragraphs a. and b. hereof, or present a certificate of the insurance company, showing the issuance of such insurance, and the additional insureds and other provisions required herein. 5. PREVAILING WAGE: Notice is here by 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 locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, Suite 100, 21660 E. Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. Pursuant to Labor Code Section 1775, the contractor shall forfeit, as penalty to City, not more than fifty dollars ($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. 6. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code as amended by Chapter 971, Statues of 1939, and in accordance with the regulations of the California Apprenticeship council, properly indentured apprentices may be employed in the prosecution of the work. Attention is directed to the provisions in Sections 1777.5 of the Labor Code concerning the employment of apprentices the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: 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 i. 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 contribution to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information 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. 7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the Contractor and any subcontractor under him shall comply with and be governed by the laws Or the State of California having to do with working hours set forth in Division 2, Part 7, chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon any of the work hereinbefore mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. 8. TRAVEL AND SUBSISTENCE PAY: Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 9. CONTRACTOR'S LIABILITY: The City of Diamond Bar and its officers, agents and employees shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workmen employees of the contractor of his subcontractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. The contractor shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever, except the sole negligence or willful misconduct of City, its employees, servants, or independent contractors who are directly responsible to City during the progress of the work or at any time before its completion and final acceptance. The Contractor will indemnify City against and will hold and save City harmless from any and all actions, claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of the contractor, his agents, employees, subcontractors, or invitees provided for herein, whether or not there is concurrent passive or active negligence on the part of City, but excluding such actions, claims, damages to persons or property, penalties, obligations, or liabilities arising from the sole negligence or willful misconduct of City, its employees, servants, or independent contractors who are directly responsible to City, and in connection therewith: a. The Contractor will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations, liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith. b. The Contractor will promptly pay any judgment rendered against the Contractor or City covering such claims, damages, penalties, obligations, and liabilities arising out of or in connection with such work, operations, or activities of the Contractor hereunder, and the Contractor agrees to save and hold the City harmless therefrom. c. In the event City, without fault, its made a party to any'action or proceeding filed or prosecuted against the Contractor for damages or other claims arising out of or in connection with the work, operation, or activities of the contractor hereunder, the contractor agrees to pay to City any and all costs and expenses incurred by City in such action or proceeding together with reasonable attorneys' fees. So much of the money due to the Contractor under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damage as aforesaid. 10. NON-DISCRIMINATION: No discrimination shall be made in the employment of persons upon public works because of the race, color, or religion of such persons, and every contractor for public works violating this section is subject to all the penalties imposed for a violation of Division 2, Part 7, Chapter 1 of the Labor Code in accordance with the provisions of Section 1735 of said Code. 11. CONTRACT PRICE AND PAYMENT: City shall pay to the Contractor for furnishing all material and doing the prescribed work the unit prices set forth in the Price Schedule in accordance with Contractor's Proposal dated June 281994, in the total amount of $ 37, 400.0 0 12. ATTORNEY'S FEES: In the event that any action or proceeding is brought by either party to enforce any term or provision of this Agreement, the prevailing party shall recover its reasonable attorney's fees and costs incurred with respect thereto. IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed with all the formalities required by law on the respective dates set forth opposite their signatures. State of California Contractor's License No. SLA01 V14 TtAN� 3J ►ga�4 Date APPROVED AS TO FORM City Attorney Date We. -51' GOASt ArZAM 5f INC BY: R--1-1 Title CIT IM Contractor's Business Phone 1 '-A- 13� ' S 1 1 Emergency Phone at which Contractor can be reached at any time 1 N W1 ' < < y CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. ` 1, TO: Terrence L. Belanger, City Manager MEETING DATE: June 16, 1998 REPORT DATE: June 4,1998 FROM: Bob Rose, Community Services Director TITLE: Extension of graffiti removal contract with Graffiti Control Systems. SUMMARY: On the May 18, 1993, the City Council awarded a contact to Graffiti Control Systems, in the amount of $16,590 ($30 per site), for supplemental graffiti removal in Diamond Bar through June 30, 1994. The contract allows the City Council to extend the contract on an annual basis and adjust the quantity of work to serve the best interests of the City. For the past five years the City Council has approved the extension of the contract at the same cost of $30.00 per site. There were a total of 1,024 sites of graffiti removed in the 12 months of June 1997 through May 1998. After five years of servicing this contract, Graffiti Control Systems has proven that they can satisfactorily perform the specifications of the contract Graft Control Systems has agreed to forgo a C.P.I. increase to extend the contract for the 1998/99 fiscal year. RECOMMENDED ACTION: It is recommended that the City Council approve the extension of the contract with Graffiti Control Systems for graffiti removal in Diamond Bar for fiscal year 1998/99 in an amount not to exceed $35,000. ($30 per site/1,160 sites) LIST OF ATTACHMENTS: X Staff Report _ Resolution(s) _ Ordinance(s) X Agreement(s) EXTERNAL DISTRIBUTION: _ Public Hearing Notification _ Bid Specifications (on file in City Clerk's office) X Other: Letter of Agreement 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: None Terrence L. Belang James DeStefano l 8b"ose City Manager 0 Deputy City Manager Community Services Director AGREEMENT KNOW ALL MEN BY THESE PRESENTS: That the following agreement is made and entered into, in duplicate, as of the date executed by the City Clerk and the Mayor, by and between Graffiti Control Systems hereinafter referred to as the "CONTRACTOR" and the City of Diamond Bar, California, hereinafter referred to as "City". WHEREAS, pursuant to Notice Inviting Sealed Bids or Proposals, bids were received, publicly opened, and declared on the date specified in said notice; and WHEREAS, City did accept the bid from Contractor Graffiti Control Systems and; WHEREAS, City has authorized the City Clerk and Mayor to enter into a written contract with Contractor for furnishing labor, equipment, and material for graffiti removal in the City of Diamond Bar. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: Contractor shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for graffiti removal in the City of Diamond Bar. Said work to be performed in accordance with specifications and standards on file in the office of the City Manager and in accordance with bid prices hereinafter mentioned and in accordance with the instructions of the City Manager. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The aforesaid specifications are incorporated herein by reference thereto and made a part hereof with like force and effect as if all of said documents were set forth in full herein. Said documents, the Resolution Inviting Bids attached hereto, together with this written agreement, shall constitute the contract between the parties. This contract is intended to require complete and finished work for each removal assignment and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the contractor whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this written agreement shall control. 3. TERMS OF CONTRACT a. The undersigned bidder agrees to execute the contract within ten (10) calendar days from the date of notice of award of the contract or upon notice by City after ten (10) calendar days from the date of notice of award of the contract or upon notice by City after, the 10 calendar days, and to 15 complete the work of each removal assignment within twenty- four hours of assignment. The bidder agrees further to the assessment of liquidated damages in the amount indicated in item 6 of the attachment for assignments that remain incomplete beyond the scheduled completion time. City may deduct the amount thereof from any monies due or that may become due the Contractor under this contract. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages. 4. INSURANCE: The Contractor shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the Contractor allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The contractor shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Compensation Insurance: Before beginning work, the Contractor shall furnish to the Engineer a certificate of insurance as proof that he has taken out full compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every contractor shall secure the payment of compensation to his employees. Contractor, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for worker's compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." b. For all operations of the Contractor or any subcontractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) Public Liability - Bodily Injury (not auto) $500,000 each person; $1,000,000 each accident. 2) Public Liability - Property Damage (not auto) $250,000 each person; $500,000 aggregate. 3) Contractor's Protective - Bodily Injury $500,000 each person; $1,000,000 each accident. 4) Contractor's Protective - Property Damage $250,000 each accident; $500,000 aggregate. 16 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 6) Automobile - Property Damage $250,000 each accident. C. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is qualified to do business in the State of California. 2) Name as additional insured the City of Diamond Bar, it officers, agents and employees, and any other parties specified in the bid documents to be so included; �,3) Specify it acts as primary,insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under said policy; 4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt of a registered letter." 5) Otherwise be in form satisfactory to City. d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: 1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c.(2) hereof to be listed as additional insureds in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of Contractor or any subcontractor in performing the work provided for herein; 2) Provides it shall not be canceled or altered without thirty (30) days written notice thereof given to City by registered mail. The Contractor shall at the time of the execution of the contract present the original policies of insurance required in paragraphs a. and b. hereof, or present a certificate of the insurance company, showing the issuance of such insurance, and the additional insureds and other provisions required herein. 5. 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 17 general prevailing rate of per diem wages for work of a similar character in locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the office of the City Clerk of the City of Diamond Bar, 21660 E. Copley Drive, Suite 100, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. Pursuant to Labor Code Section 1775, the Contractor shall forfeit, as penalty to City, not more than fifty dollars ($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. 6. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code as amended by Chapter 971, Statues of 1939, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the prosecution of the work. Attention is directed to the provisions in Section 1777.5 of the Labor Code concerning the employment of apprentices and 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 ration of apprentices journeymen that will be used in 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 it is replacing at least 1/30 of its membership through apprenticeship training on a 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 contribution to funds established for the administration of apprenticeship 18 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. 7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this .contract, and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him, or any, subcontractor under him, upon any of the work hereinbefore mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. S. TRAVEL AND SUBSISTENCE PAY: Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 9. CONTRACTOR'S LIABILITY: The City of Diamond Bar and its officers, agents and employees shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or,for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or property resulting.from defects or obstructions or from any cause whatsoever, except the sole negligence or willful misconduct of City, its employees, servants, or independent contractors who are directly responsible to City during the progress of the work or at any time before its completion and final acceptance. The Contractor will indemnify City against and will hold and save City harmless from any and all actions, claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of the contractor, his agents, employees, subcontractors, or invitees provided for herein, whether or not there is concurrent passive or active negligence on the part of City, but excluding such actions, claims, damages to persons or property, penalties, 19 obligations, or liabilities arising from the sole negligence or willful misconduct of City, its employees, servants, or independent contractors who are directly responsible to City, and in connection therewith: a. The Contractor will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations, liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith. b. The Contractor will promptly pay any judgement rendered against the Contractor or City covering such claims, damages, penalties, obligations, and liabilities arising out of or in connection with such work, operations, or activities of the Contractor hereunder, and the Contractor agrees to save and hold the City harmless therefrom. C. In the event City, without fault, is made a party to any action or proceeding filed or prosecuted against the Contractor for damages or other claims arising out of or in connection with the work, operation, or activities of the Contractor hereunder, the Contractor agrees to pay City any and all costs and expenses incurred by City in such action or proceeding together with reasonable attorneys' fees.. So much of the money due to the Contractor under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such action or claims for damage as aforesaid. 10. NON-DISCRIMINATION: No discrimination shall be made in the employment of persons upon public works because of the race, color, or religion of such persons, and every contractor for public works violating this section is subject to all the penalties imposed for a violation of Division 2, Part 7, Chapter 1 of the Labor Code in accordance with the provisions of Section 1735 of said Code. 11. CONTRACT PRICE AND PAYMENT: City shall pay to the Contractor for furnishing all material and doing the prescribed work the unit prices set forth in the Price Schedule in accordance with Contractor's Proposal dated March 5, 1993. 12. ATTORNEY'S FEES: In the event that any action or proceeding is brought by either party to enforce any term or provision of this Agreement, the prevailing party shall recover its reasonable attorney's fees and costs incurred with respect thereto. 13. TERMINATION: This Agreement may be terminated by the City upon the giving of a written "Notice of Termination" to Contractor at least ten (10) days prior to the date of termination specified -in said notice. In the event of such termination, Contractor shall only be paid for services rendered and expenses necessarily incurred prior to the effective date of termination. 20 IN WITNESS WHEREOF, be duly executed with all dates set forth opposite State of California Contractor's License No. Date APPROVED AS TO FORM City Atto y Date the parties hereto have caused these presents to the formalities required by law on the respective their signatures. By: '_�ClKkh �_UN47 (Title •m_m Title CITY OF DIAMOND BAR, C FORNIA By: _ Mays. By: City Clerk Contractor's Business Phone (800) 794-7384 or (818) 982-8480 Emergency Phone at which / b cttz-%4� Contractor can be reached at any time l ) l 21 Graffiti Removal Sites FY 97/98 Month Sites Sq. Ft. TotaCost- ost . Ft. July 97 97 2,585 -- $2,910.00 _$1.13 August 97 - -_ - 97 75 92 2,175 2,220 - - 2,655 $2,910.00 $1.34 September 97 $2,250.00 $2,760.00 $1.04 October 97 November 97 71 _ 1,255 2,560 $2,130.00 - $1.70 December 97 $ 65 $1,950.00 $0.76 January 98 - February 98 March 98--- _ A ril 98 -- May 98 - --81 95 - 26 127 - - 75 1231 2,585 2,5_65 $2,430.00 $2,850.00 $0.94 _ $1.11 - - 1, 312 - $780.00 $0.59 3,854 --- 2,280 4,150 -- $3,810.00 $_2,250.00 $0.99 $0.99 June 97 $3,690.001 $0.89 Totals 1,024 30,196 $30,720.00 67.02 CITY OF DIAMOND BAR AGENDA REPORT AGENDA N0. TO: Terrence L. Belanger, City Manager MEETING DATE: June 16,1998 REPORT DATE: June 8,1998 FROM: Bob Rose, Community Services Director TITLE: Extension of Weed/Litter Abatement Contract with Lanterman Development Center. SUMMARY: For the past eight years, the City of Diamond Bar has contracted with Lanterman Developmental Center for supplemental weed and litter abatement services. The contract calls for 10.8 miles of public right-of-way litter abatement three times a month for -$839.44 per month and weed abatement in a variety of areas once per month for $2,136.38 per four months. This contract provides for service in areas of Diamond Bar that are known to accumulate litter more rapidly than other areas of the community and for weed (continued on Page 2) RECOMMENDED ACTION: It is recommended that the City Council approve the extension of the contract with Community Industries Lanterman Developmental Center for supplemenal weed and litter abatement in Diamond Bar for fiscal year 1998/99 for a total contract amount of $16,483. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification Resolution(s) X Bid Specifications (on file in City Clerk's office) _ Ordinance(s) X Other: Letter of Agreement X Agreement(s) 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: None REVIEWED BY: DEPARTMENT HEAD: !v Y v Ternince L. Belanger City Manager tdw�p Jarnes DeStefano Deputy City Manager Bob Rose Community Services Director City Council Agenda Report Weed/Litter Abatement Contract Extension Meeting Date: June 16,1998 Page Two SUMMARY: (continued) control in the public right-of-way in areas not serviced by other contracts. Also, Lanterman Developmental Center has the flexibility to allow the City to subsitute emergency work for regularly scheduled work areas on an as -needed basis at no additional cost. The services provided by Lanterman Developmental Center result in a more aesihek* pleasing community and the frequency of these services is expected to provide clean, vegetation free right-of-way in the areas of service. The total annual cost of this contract is $16,483, the same amount that the City has paid to Lanterman Developmental Center for this service in fiscal years 1994/95, 1995/96, 1996/97 and 1997198. There is no increase being sought for the 1998/99 fiscal year contract extension. This proposal to the City of Diamond Bar is for the Community Industries program of Lanterman Developmental Center to provide litter and weed abatement, per attachments A and B, in the City of Diamond Bar. Community Industries will also provide: Transportation to and from job sites Insurance coverage for employees Payroll for employees Job Coach for employees to assure supervision., training andjob performance per the expectation of the City of Diamond Bar. All necessary equipment and supplies to perform designated tasks. City of Diamond Bar will provide: Compensation to Community Industries at a rate of $839.44 per month for litter abatement and $2,136.38 per four (4) months for weed abatement. Invoice will be submitted monthly for litter abatement and per service rotation for weed abatement. The City of Diamond Bar reserves the right to change assigned work locations due to emergency need, on a mile for mile basis. Timothy Hagen, lrec or Community Industries Lanterman Development Center 3530 W Pomona Blvd Popona, CA 91768 Terrence L. Belanger,�t) y Manager City of Dianbnd Bar STATE OF CALIFORNIA -DEPARTMENT CF 'lEVE,CPMEN'AL SERVICES COMMUNITY INDUSTRIES A PROGRAM OF LANTERMAN DEVELOPMENTAL CENTER ' -~ 3530 w POMONA BLVD. POMONA. CA 91760 y,1 ,7141 5951221 EXT, 2177 ATTACHMENT "A" 9-22-92 CURRENT DIAMOND BAR LITTER ABATEMENT 1• DIAMOND BAR BLVD: TEMPLE TO 60 FREEWAY MILES: WEST SIDE- 1.4; EAST SIDE- .7 c. STEEP CANYON RD.. DIAMOND BAR BLVD TO CLEAR CREEK RD MILES: NORTH SIDE- .2 3. DIAMOND BAR BLVD. TO GOLD RUSH MILES: EAST SIDE - .7 4. GRAND AVE: 57 FREEWAY TO GOLDEN SPRINGS MILES: SOUTH SIDE- .2 5. GOLDEN SPRINGS: GRAND AVE TO BREA CYN RD MILES: NORTH SIDE- 1.9 6. BREA CNYN RD: PATHFINDER TO COLIMA MILES: EAST SIDE— .7; WEST SIDE— .9 7. BREA CNYN RD: PATHFINDER TO DIAMOND BAR CITY LIMITS (SILVER BULLET DR) MILES: EAST SIDE— 1.3; WEST SIDE— 1.5 8. GOLDEN SPRINGS/ARMITOS: 60 FRWY TO FIRE STATION MILES: EAST SIDE— .5 9. PROSPECTORSt DIAMOND BAR BLVD TO ROCK RIVER DR MILES: EAST SIDE— .3; WEST SIDE— .3 10. COLD SPRINGSI DIAMOND BAR BLVD EAST UP HILL MILES: SOUTH AIDE— .1 11. SYCAMORE CANYON PARK: ALONG TRAIL IN UNDEVELOPED AREA. MILESs. .1 1839.44 PER MONTH EACH AREA SERVICED THREE (3) TIMES PER MONTH ACCREDITED BY TME COMMas:ew t -*A A0-f'sfffNTAT1/1.. S7aTE Of CAUfORNIA-0EPaRLwENT OF DEVELOPMENTAL SERVICES COMMUNITY INDUSTRIES ?� N A PROGRAM Of LANTERMAN DEVELOPMENTAL CENTER 3330 W, POMONA BLVD. POMONA, CA 91765 14(714) 3951221 EXT. 21776"'. ATTACHMENT "B" DIAMOND BAR WEED ABATEMENT JOB DESCRIPTION# 1• Clear all weds along current litter abatement stroot s. 2. Cut back growth along f@ncgs. 3. Rake leaves along sidewalk areas. 4• Swoop gutters. 3• Spray areas with Round Up (wood killer). JOB BID# $2,136-38 — ONCE EVERY FOUR MONTHS sz� �, `I`� Rick Dickerson Community Industries ACCREDITED By THE COMMISSION ON ACCREDITATION Of REMA>lWTATIeW EAPunus CITY OF DIAMOND BAR AGENDA REPORT AGENDA N0. TO: Terrence L. Belanger, City Manager MEETING DATE: June 16, 1998 REPORT DATE: June 11, 1998 FROM: Bob Rose, Community Services Director TITLE: Award of Contract for City -Wide Landscape Maintenance Services SUMMARY: At its meeting on May 5, 1998, the City Council adopted Resolution No. 98-26 approving the plans and specifications for City -Wide Landscape Maintenance services. Bids were received from three contractors, which were opened and publicly read on June 4,1998. Accurate Landscape and Maintenance submitted the lowest responsible bid for $233,364. Accurate Landscape and Maintenance has been successfully providing various maintenance services for the City of Diamond Bar since 1991. RECOMMENDED ACTION: It is recommended that the City Council award a contract for City -Wide Landscape Maintenance services to Accurate Landscape and Maintenance in an amount of $233,364, plus a contingency of up to $50,000 for additional necessary work, limited to those items identified in the contract specifications. LIST OF ATTACHMENTS: X Staff Report _ Resolution(s) — Ordinance(s) X Agreement(s) _ Public Hearing Notification X Bid Specifications (on file 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: nla REVIEWED BY: ( 14 X�v1, 4 /) Terrence L. Belang r City Manager J s DeStefano Deputy City Manager A == Bob Rose Community Services Director CITY COUNCIL REPORT MEETING DATE: June 16, 1998 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Award of Contract for City -Wide Landscape Maintenance Services Issue Statement Bids have been received from three contractors for City -Wide Landscape Maintenance services. Shall the City Council award a contract to the lowest responsible bidder, Accurate Landscape and Maintenance, whose bid was $233,364? Recommendation It is recommended that the City Council award a contract for City -Wide Landscape Maintenance services to Accurate Landscape and Maintenance in the amount of $233,364, plus a contingency of up to $50,000 for additional necessary work, limited to those items identified in the contract specifications. Financial Summary There are four funding sources for this contract: Con r Additional Work LLMD #38 $40,800 $10,000 LLMD #39 $46,800 $10,000 LLMD #41 $24,000 $10,000 General Fund/Parks $121,764 $_20,404 $233,364 $50,000 The contract amount represents an overall net savings to the City totalling $23,075.92. Funding for the additional work is already included in the proposed 1998/99 FY budget and represents maintenance tasks that have been necessary and provided in these service areas since incorporation. Background The City of Diamond Bar adopted Resolution No. 98-26 approving the plans and specifications for the City - Wide Landscape Maintenance contract on May 5, 1998. Bids were received from three qualified contractors, which were opened and publicly read on June 4,1998. Bids were received from: Contractor Bid Amoun Accurate Landscape & Maintenance $233,364 Landscape West $272,400 Mariposa Horticultural $342,120 City Council Report City -Wide Landscape Maintenance Meeting Date: June 16,1998 Page 2 Discussion Accurate Landscape and Maintenance is the lowest responsible bidder. Accurate is the current landscape maintenance contractor for the City Parks and L.L.M.D. #39. With the City -Wide Landscape Maintenance contract, Accurate will add L.L.M.D.'s #38 and #41 to their responsibilities. Accurate has consistently completed the specifications for their landscape maintenance contracts with the City in a satisfactory manner. The bid submitted by Accurate Landscape and Maintenance is very competitive and demonstrates the economy of scale achieved by combining the four landscape maintenance contracts into a single set of specifications for a city-wide contract The following chart shows that the net savings to the City for this contract is $23,075.92. The savings is even more impressive considering that the City's newest park, Pantera, is included in the new contract. *Maintenance for Pantera park is included in the new contract amount. Additional Maintenance There are several items that are included in the specifications of the City -Wide Landscape Maintenance contract but are not included in the contract amount. These items include paper products for park restrooms, repairs and replacements when the need for such work arises out of extraordinary incidents such as vandalism, for improvements to add new or renovate existing landscaping and irrigation systems, and other maintenance services that are in the best interest of the City of Diamond Bar. The total cost for these additional services should not exceed $50,000 for the 1998199 Fiscal Year. This amount is already included in the proposed 1998199 FY budget. Prepared by: Bob Rose Community Services Director Previous New Contract Amount Contract Amount City Parks $106,810.60 $121,764.00* LLMD #38 $39,833.88 $40,800.00 LLMD #39 $74,395.44 $46,800.00 LLMD #41 $35.400.00 $24,000.00 $256,439.92 $233,364.00 *Maintenance for Pantera park is included in the new contract amount. Additional Maintenance There are several items that are included in the specifications of the City -Wide Landscape Maintenance contract but are not included in the contract amount. These items include paper products for park restrooms, repairs and replacements when the need for such work arises out of extraordinary incidents such as vandalism, for improvements to add new or renovate existing landscaping and irrigation systems, and other maintenance services that are in the best interest of the City of Diamond Bar. The total cost for these additional services should not exceed $50,000 for the 1998199 Fiscal Year. This amount is already included in the proposed 1998199 FY budget. Prepared by: Bob Rose Community Services Director AGREEMENT The following agreement is made and entered into, in duplicate, as of the date executed by the Mayor and attested to by the City Clerk, by and between ACCURATE LANDSCAPE AND MAINTENANCE CORPORATION, hereinafter referred to as the "CONTRACTOR" and the City of Diamond Bar, California, hereinafter referred to as "CITY." WHEREAS, pursuant to Notice Inviting Sealed Bids or Proposals, bids were received, publicly opened, and declared on the date specified in the notice; and WHEREAS, City did accept the bid of CONTRACTOR ACCURATE LANDSCAPE AND MAINTENANCE CORPORATION and; WHEREAS, City has authorized the Mayor to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for the CiZ-Wide Landscape Maintenance NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: CONTRACTOR shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the City -Wide Landscape Maintenance. The work to be performed in accordance with the plans and specifications, dated May 5, 1998 on file in the office of the City Clerk and in accordance with bid prices hereinafter mentioned and in accordance with the instructions of the City Engineer. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY* The Plans and Specifications are incorporated herein by reference and made a part hereof with like force and effect as if set forth in full herein. The Plans and Specifications, Contractor's Proposal dated lune 4, 1998 together with this written agreement, shall constitute the contract between the parties. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the CONTRACTOR whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this written agreement shall control. 3. TERMS OF CONTRACT The CONTRACTOR agrees to execute the contract within ten (10) calendar day-, from the date of notice of award of contract or upon notice by City after ten (10) days. The CONTRACTOR agrees further to the assessment of liquidated damages in the amount of five -hundred ($500,00) dollars for each calendar day the work remains incomplete beyond the expiration of the completion date. City may deduct the amount City of Diamond Bar City -Wide Landscape Maintenance thereof from any monies due or that may become due the CONTRACTOR under this agreement. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages. 4. INSURANCE: The CONTRACTOR shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the CONTRACTOR allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The CONTRACTOR shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Workers' Compensation Insurance: Before beginning work, the CONTRACTOR shall furnish to the City a certificate of insurance as proof that he has taken out full workers' compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every CONTRACTOR shall secure the payment of compensation to his employees. The CONTRACTOR, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." b. For all operations of the CONTRACTOR or any sub -contractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) Public Liability - Bodily Injury (not auto) $500,000 each person; $1,000,000 each accident. 2) Public Liability - Property Damage (not auto) $250,000 each person; $500,000 aggregate. 3) CONTRACTOR'S Protective - Bodily Injury $500,000 each person; $ 1,000,000 each accident. 4) CONTRACTOR'S Protective - Property Damage $250,000 each accident; $500,000 aggregate. City of Diamond Bar 2 City -Wide Landscape Maintenance 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 6) Automobile - Property Damage $250,000 each accident. C. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is admitted to do business in the State of California. 2) Name as additional insured the City of Diamond Bar, its officers, agents and employees, and any other parties specified in the bid documents to be so included; 3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under the policy; 4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by City of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter." 5) Otherwise be in form satisfactory to the City. d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: 1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c. (2) hereof to be listed as additional insured in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of CONTRACTOR or any subcontractor in performing the work provided for herein; 2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to City by registered mail. e. The CONTRACTOR shall, within ten (10) days from the date of the notice of award of the Contract, deliver to the City Manager or his designee the original policies of insurance required in paragraphs a. and b. hereof, or deliver to the City Manager or his designee a certificate of the insurance company, showing the issuance of such insurance, and the additional insured and other provisions required herein. City of Diamond Bar 3 City -Wide Landscape Maintenance 5. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles I 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 works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, Suite 100, 21660 E. Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. The CONTRACTOR shall forfeit, as penalty to City, not more than fifty dollars ($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 this Agreement, by him or by any subcontractor under him. 6. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the performance of the work. The CONTRACTOR is required to make contribution to funds established for the administrative 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. 7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the CONTRACTOR and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The CONTRACTOR shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any sub- CONTRACTOR under him, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of the Labor Code. City of Diamond Bar 4 City -Wide Landscape Maintenance 8. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 9. CONTRACTOR'S LIABILITY: The City of Diamond Bar and its officers, agents and employees ("Indemnitees") shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work, or for injury or damage to any person or persons, either workmen or employees of the CONTRACTOR, of his subcontractor's or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. The CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever. The CONTRACTOR will indemnify Indemnitees against and will hold and save Indemnitees harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of the CONTRACTOR, his agents, employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive or active negligence on the part of City. In connection therewith: a. The CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith. b. The CONTRACTOR will promptly pay any judgment rendered against the CONTRACTOR or Indemnities covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of the CONTRACTOR hereunder, and the CONTRACTOR agrees to save and hold the Indemnities harmless therefrom. C. In the event Indemnities are made a party to any action or proceeding filed or prosecuted against the CONTRACTOR for damages or other claims arising out of or in connection with the work, operation or activities hereunder, the CONTRACTOR agrees to pay to Indemnities and any all costs and expenses incurred by Indemnities in such action or proceeding together with reasonable attorneys' fees. So much of the money due to the CONTRACTOR under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damages as aforesaid. This indemnity provision shall survive the termination of the Agreement and is in City of Diamond Bar 5 City -Wide Landscape Maintenance addition to any other rights or remedies which Indemnities may have under the law This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under this Agreement or any additional insured endorsements which may extend to Indemnities. CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnities, while acting within the scope of their duties, from all claims, losses and liabilities arising our of or incident to activities or operations performed. by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnities. 10. NON-DISCRIMINATION: Pursuant to Labor Code Section 1735, no discrimination shall be made in the employment of persons in the work contemplated by this Agreement because of the race, color or religion of such person. A violation of this section exposes the CONTRACTOR to the penalties provided for in Labor Code Section 1735. 11. CONTRACT PRICE AND PAYMENT: City shall pay to the CONTRACTOR for furnishing all material and doing the prescribed work the unit prices set forth in the Price Schedule in accordance with CONTRACTOR'S Proposal dated lune 4, 1998 in the total amount of $233,364.00 The City Council shall have the option to extend this Agreement up to five (5) additional one (1) year periods, subject to the same terms and conditions contained herein, by giving the Contractor written notice of exercise of this option to renew at least thirty (30) days prior to the expiration of the initial term of this Agreement, or of any additional one (1) year extensions. In the event the City Council exercises its option to extend the term of this Agreement for one or more of the additional five (5) one year periods as provided for in paragraph PARKS SP9 17.02 & L L M D P19 28.02 of specifications, the Contractor's monthly compensation shall be subject to adjustment at the commencement of the extended term and annually thereafter ("the adjustment date") as follows: Any increase in compensation will be negotiated between the City and the Contractor, with the limits being no increase to a maximum of the cost of living. The increase, if any, will be calculated with reference to cost of living during the previous year. If the increase is approved by the City Council, the increase will be calculated by adding to the Contractor's monthly compensation, the amount, if any, obtained by multiplying the contractor's compensation as of the adjustment date by the percentage by which the Consumer Price Index ("C.P.I.") for the Los Angeles - Anaheim -Riverside metropolitan area for the month immediately preceding the Adjustment Date (the "Index Month") reported by the Bureau of Labor Statistics of the United States Department of Labor, has increased over the CPI for the month one year City of Diamond Bar 6 City -Wide Landscape Maintenance prior to the Index Month. If the Index is discontinued, the Director's office shall, at its discretion, substitute for the Index such other similar index as it may deem appropriate. 12. ATTORNEY'S FEES: In the event that any action or proceeding is brought by either party to enforce any term of provision of the this agreement, the prevailing party shall recover its reasonable attorney's fees and costs incurred with respect thereto. 13. TERMINATION: This agreement may be terminated by the City, without cause, upon the giving of a written "Notice of Termination" to CONTRACTOR at least thirty (30) days prior to the date of termination specified in the notice. In the event of such termination, CONTRACTOR shall only be paid for services rendered and expenses necessarily incurred prior to the effective date of termination. IN WITNESS WHEREOF, the parties hereto have executed this Agreement with all the formalities required by law on the respective dates set forth opposite their signatures. City of Diamond Bar 7 City -Wide Landscape Maintenance Jun -09-98 09.37 City Of Diamond Bar 909-B61-3117 S(Ve Of California "CONTRAC-TpR,S" (igen," NO. 4e6 3.; `)— i Date APPROVED A_S 10 FORM: Date TITLE CITY OF DIAMOND BAR, CAI IFORNIA By: MAYOR Al reST: By: CITY CLERK CITY ATTORNEY CONTRACTOR'S Business Phone; __:Z/4v ' v;l 8'e. 51 Efnw99ncy Phone at which CONTRACTOR can be reached at anytime:_ "'7fy Jok CAV of Diamond ea. 9 Cky-Wide landscape tvUinwnanco P.09 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO.: TO: Honorable Mayor and Members of the City Council MEETING DATE: June 16, 1998 REPORT DATE: June 9, 1998 FROM: Terrence L. Belanger, City Manager TITLE: Award of Contract for the Diamond Bar Boulevard @ Montefino Avenue and Quail Summit Drive Traffic Signal Installation. SUMMARY: At the May 5, 1998 City Council meeting, Council adopted Resolution No. 98-25 approving specifications for the Diamond Bar Boulevard @ Montefino Avenue and Quail Summit Drive Traffic Signal Installation Project. Council authorized and directed the City Clerk to advertise and receive bids. Notice to bidders was published on May 11, 1998. Six (6) bids were submitted and opened on May 26, 1998 and the apparent low bidder was Pro Tech Engineering. RECOMMENDATION: That the City Council receive the bids and award the proposed contract to ProTech Engineering for the Diamond Bar Boulevard @ Montefino Avenue and Quail Summit Drive Traffic Signal Installation Project, in an amount not to exceed $159,700.00. Furthermore, it is recommended that the Council authorize a contingency amount of $16,000.00 for project change orders to be approved by the City Manager, for a total authorization of $175,700.00. LIST OF ATTACHMENTS: X Staff Report _ Resolution(s) Ordinances(s) X Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: Public Hearing Notification X Bid Specifications (on file in City Clerk's Office) Other 1. Has the resolution, ordinance or agreement been reviewed x Yes _ No by the City Attorney? 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? N/A _ Yes —No 4. Has the report been reviewed by a Commission? N/A _ Yes —No Which Commission? 5. Are other departments affected by the report? N/A _ Yes —No Report discussed with the following affected departments: REVIE D BY: �f U Terrence L. Belan City Manager J es DeStefano Deputy City Man ger Deputy Director of Public Works CITY COUNCIL REPORT AGENDA NO. MEETING DATE: June 16, 1998 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Award of Contract for the Diamond Bar Boulevard @ Montefino Avenue and Quail Summit Drive Traffic Signal Installation. ISSUE STATEMENT Traffic Signal installation on Diamond Bar Boulevard @ Montefino Avenue and Quail Summit Drive is a Capital Improvement Project for FY 1997-1998. It is proposed to award the contract to the lowest responsible bidder. RECOMMENDATION That the City Council receive the bids and award the proposed contract to ProTech Engineering for the Diamond Bar Boulevard @ Montefino Avenue and Quail Summit Drive Traffic Signal Installation Project, in an amount not to exceed $159,700.00. Furthermore, it is recommended that the Council authorize a contingency amount of $16,000.00 for project change orders to be approved by the City Manager, for a total authorization of $175,700.00. FINANCIAL SUMMARY $250,000 has been allocated in FY 1997-1998 budget from Prop C funds. BACKGROUND/DISCUSSION At the May 5, 1998 City Council meeting, Council adopted Resolution No. 98-25 approving specifications for the Diamond Bar Boulevard @ Montefino Avenue and Quail Summit Drive Traffic Signal Installation Project. Council authorized and directed the City Clerk to advertise and receive bids. Notice to bidders was published on May 11, 1998. Six (6) bids were submitted and opened on May 26, 1998 and the apparent low bidder was Pro Tech Engineering. The bids received were as follows: COMPANY BID AMOUNT Pro Tech Engineering $159,700.00 C.T. & F. Inc. $204,400.00 Macadee Electrical $206,936.00 LA Signal Inc. $213,493.00 Peek Traffic $220,420.00 CA Electrical Services $248,300.00 Pro Tech Engineering's contractor's license and bond was checked with the State Board of Contractor's Licensing and were in good standing. Six references were checked for similar traffic signal projects with city agencies. Pro Tech Engineering is near completion of two jobs, one in the City of La Palma and in the City of Anaheim. Pro Tech Engineering has also been awarded a Traffic Signal Installation project with the City of Walnut at the intersection of La Puente Road and Spur Trail Avenue. Staff has conducted a pre -award meeting with Pro Tech Engineering and Warren Siecke to clarify and discuss the bid items, the plans and specifications and the project expectations. With this understanding, Pro Tech Engineering stated that this project will be constructed in accordance with the approved plans and specifications. The project schedule is tentatively set as follows: Award of Contract Notice to Proceed Start of Construction Completion of Construction Prepared By: Rose F. Manela June 16, 1998 July 6, 1998 July 6, 1998 October 6, 1998 AGREEMENT The following agreement is made and entered into, in duplicate, as of the date executed by the Mayor and attested to by the City Clerk, by and between PRO TECH ENGINEERING CORPORATION hereinafter referred to as the "CONTRACTOR" and the City of Diamond Bar, California, hereinafter referred to as "CITY." WHEREAS, pursuant to Notice Inviting Sealed Bids or Proposals, bids were received, publicly opened, and declared on the date specified in the notice; and WHEREAS, City did accept the bid of CONTRACTOR PRO TECH ENGINEERING CORPORATION and; WHEREAS, City has authorized the Mayor to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for the TRAFFIC SIGNALS INSTALLATION ON DIAMOND BAR BOULEVARD AT MONTEFINO AVENUE AND OUAIL SUMMIT DRIVE in the City of Diamond Bar. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: CONTRACTOR shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the TRAFFIC SIGNALS INSTALLATION ON DIAMOND BAR BOULEVARD AT MONTEFINO AVENUE AND OUAIL SUMMIT DRIVE in the City of Diamond Bar. The work to be performed in accordance with the plans and specifications, dated MAY 5. 1998 (The Plans and Specifications) on file in the office of the City Clerk and in accordance with bid prices hereinafter mentioned and in accordance with the instructions of the City Engineer. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The Plans and Specifications are incorporated herein by reference and made a part hereof with like force and effect as if set forth in full herein. The Plans and Specifications, CONTRACTOR'S Proposal dated MAY 26. 1998, together with this written agreement, shall constitute the contract between the parties. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the CONTRACTOR whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this written ag eement shall control. 1 3. TERMS OF CONTRACT The CONTRACTOR agrees to complete the work within (90) NINETY calendar days from the date of the notice to proceed. The CONTRACTOR agrees further to the assessment of liquidated damages in the amount of five hundred ($500.00) dollars for each calendar day the work remains incomplete beyond the expiration of the completion date. City may deduct the amount thereof from any monies due or that may become due the CONTRACTOR under this agreement. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages. 4. INSURANCE: The CONTRACTOR shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the CONTRACTOR allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The CONTRACTOR shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Workers' Compensation Insurance: Before beginning work, the CONTRACTOR shall furnish to the City a certificate of insurance as proof that he has taken out full workers' compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every CONTRACTOR shall secure the payment of compensation to his employees. The CONTRACTOR, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." E b. For all operations of the CONTRACTOR or any sub- contractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) Public Liability - Bodily Injury (not auto) $500,000 each person; $1,000,000 each accident. 2) Public Liability - Property Damage (not auto) $250,000 each person; $500,000 aggregate. 3) CONTRACTOR'S Protective - Bodily Injury $500,000 each person; $1,000,000 each accident. 4) CONTRACTOR'S Protective - Property Damage $250,000 each accident; $500,000 aggregate. 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 6) Automobile - Property Damage $250,000 each accident. C. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is admitted to do business in the State of California. 2) Name as additional insured the City of Diamond Bar, its officers, agents and employees, and any other parties specified in the bid documents to be so included; 3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under the policy; 4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days aFter receipt by City of a written notice 3 of such cancellation or reduction of coverage as evidenced by receipt of a registered letter." 5) Otherwise be in form satisfactory to the City. d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: 1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c.(2) hereof to be listed as additional insureds in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of CONTRACTOR or any subcontractor in performing the work provided for herein; 2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to City by registered mail. e. The CONTRACTOR shall, within ten (10) days from the date of the notice of award of the Contract, deliver to the City Manager or his designee the original policies of insurance required in paragraphs a. and b. hereof, or deliver to the City Manager or his designee a certificate of the insurance company, showing the issuance of such insurance, and the additional insured and other provisions required herein. 5. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 to pay not less than the general for work of a similar character i works is performed, and not less of per diem wages for holiday a the Director of the Department of of California is required to prevailing rates of per diem w rates of per diem wages are on fi of the City of Diamond Bar, S and 2, the CONTRACTOR is required prevailing rate of per diem wages n the locality in which the public than the general prevailing rate an overtime work. In that regard, Industrial Relations of the State and has determined such general ages. Copies of such prevailing le in the Office of the City Clerk Ate 100, 21660 E. Copley Drive, Diamond Bar, California, and are available to any on request. City also shall cause a copy of such be posted at the job site. interested party determinations to The (`ONTRACTOR shall forfeit, as penalty to Cit,, 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 pre- vailing rate of wages hereinbefore stipulated for any work done under this Agreement, by him or by any subcontractor under him. 6. APPRENTICESHIP EMPLOYMENT• In accordance with the provisions of Section 1777.5 of the Labor Code, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the performance of the work. The CONTRACTOR is required to make contribution to funds established for the administrative of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other CONTRACTOR'S 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. 7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the CONTRACTOR and any sub- contractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The CONTRACTOR shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any sub - CONTRACTOR under him, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of the Labor Code. 8. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 5 9. C'ONTRACTOR'S LIABILITY: The City of Diamond Bar and its officers, agents and employees ("Idemnitees") shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workmen or employees of the CONTRACTOR, of his subcontractor's or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. The CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever. The CONTRACTOR will indemnify Indemnitees against and will hold and save Indemnitees harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of the CONTRACTOR, his agents, employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive or active negligence on the part of City. In connection therewith: a. The CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith. b. The CONTRACTOR will promptly pay any judgment rendered against the CONTRACTOR or Indemnitees covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of the CONTRACTOR hereunder, and the CONTRACTOR agrees to save and hold the Indemnitees harmless therefrom. c. In the event Indemnitees are made a party to any action or proceeding filed or prosecuted against the CONTRACTOR for damages or other claims arising out of or in connection with the work, operation or activities hereunder, the CONTRACTOR agrees to pay to Indemnitees and any all costs and expenses incurred by Indemnitees in such action or proceeding together with reasonable attorneys' fees. 2 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO.: TO: Honorable Mayor and Members of the City Council MEETING DATE: June 16, 1998 REPORT DATE: June 9, 1998 FROM: Terrence L. Belanger, City Manager TITLE: Award of Contract for the Diamond Bar Boulevard @ Montefino Avenue and Quail Summit Drive Traffic Signal Installation Professional Inspection Services. SUMMARY: At the May 5, 1998 City Council meeting, Council adopted Resolution No. 98-25 approving specifications for the Diamond Bar Boulevard @ Montefino Avenue and Quail Summit Drive Traffic Signal Installation Project. On May 5, 1998, the Public Works Division solicited proposals for Professional Inspection Services for the Traffic Signal Installation Project. RECOMMENDATION: That the City Council award the proposed inspection service contract to Warren Siecke for Professional Inspection Services for the Diamond Bar Boulevard @ Montefino Avenue and Quail Summit Drive Traffic Signal Installation Project, in an amount not to exceed $15,732.00. Furthermore, it is recommended that the Council authorize a contingency amount of $1600.00 for project change orders to be approved by the City Manager, for a total authorization of $17,332.00. LIST OF ATTACHMENTS: X Staff Report Resolution(s) _ Ordinances(s) — Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: _ _ Public Hearing Notification X Bid Specifications (on file in City Clerk's Office) Other 1. Has the resolution, ordinance or agreement been reviewed x Yes _ No by the City Attorney? 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? N/A _ Yes _ No 4. Has the report been reviewed by a Commission? N/A _ Yes _ No Which Commission? 5. Are other departments affected by the report? N/A _ Yes _ No Report discussed with the following affected departments: REVIEWED BY: r _ n Terrence L. Belanger J es DeStefan avid G. Liu City Manager Deputy City Mariager Deputy Director of Public Works CITY COUNCIL REPORT AGENDA NO. MEETING DATE: June 16, 1998 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Award of Contract for the Diamond Bar Boulevard @ Montefino Avenue and Quail Summit Drive Traffic Signal Installation Professional Inspection Services. ISSUE STATEMENT To provide construction administration/inspection services for the traffic signal installation project on Diamond Bar Boulevard @ Montefino Avenue and Quail Summit Drive. RECOMMENDATION That the City Council award the proposed inspection service contract to Warren Siecke for Professional Inspection Services for the Diamond Bar Boulevard @ Montefino Avenue and Quail Summit Drive Traffic Signal Installation Project, in an amount not to exceed $15,732.00. Furthermore, it is recommended that the Council authorize a contingency amount of $1600.00 for project change orders to be approved by the City Manager, for a total authorization of $17,332.00. FINANCIAL SUMMARY $250,000 has been allocated in FY 1997-1998 budget from Prop C funds. BACKGROUND/DISCUSSION At the May 5, 1998 City Council meeting, Council adopted Resolution No. 98-25 approving specifications for the Diamond Bar Boulevard @ Montefino Avenue and Quail Summit Drive Traffic Signal Installation Project. On May 5, 1998, the Public Works Division solicited proposals from the on-call traffic consultants for Professional Inspection Services for the Traffic Signal Installation Project. One (1) proposal was received by the due date of May 15, 1998 from Warren Siecke. As part of Warren Siecke's proposal, Mr. Siecke will work with the Los Angeles County Public Works Department to ensure that the appropriate signal timing is implemented for coordinated operation with the Diamond Bar Boulevard traffic signal system. Prepared By: Rose E. Man ela quahhell C. Qecke TRANSPORTATION AND TRAFFIC ENGINEERING June 8, 1998 Mr. David Liu, P. E. Deputy Director of Public Works City of Diamond Bar 21960 East Copley Drive, Suite 190 Diamond Bar, C. 91765-4177 SUBJECT: Traffic Signal Construction Observation Diamond Bar Boulevard and Montefino Avenue Diamond Bar Boulevard and Quail Summit Drive Pursuant to our meeting With the apparent low bidder for the construction work, 1 find it necessary to revise our proposal dated May 6, 1998- Since the contractor's bid was significantly less than the other bidders, we feel it may require more inspection to ensure he complies with the plans and specifications. Please consider this proposal instead of the previous one. We propose to provide professional traffic en-ineering services for construction observation of the subject traffic signal installation_ Mr. John Huie will be assigned as the observer. 'Mr. Huie is thoroughly familiar with traffic signal construction based on his twenty-five years experience in the field. He has gained a knowledge of city procedures and preferences through his inspection of the last several signal installations in the City. Mr. Huie's resume is attached. These signals will be part of the Diamond Bar Boulevard coordinated traffic signal system_ As part of our service, we will work with the Los Angeles County public Works Department to ensure the appropriate signal timing is implemented for coordinated operation. Our fee will be computed on a time and material basis using the category two rates in our current traffic engineering services agreement. The estimated fee breakdown is as follows ITEM TRAFFIC ENGINEER at $94.00/hr OBSERVER at $78.00/hr TOTAL COST Construction Observation 16 brs = S1,504.00 168 hrs _ $13,104.00 $14,608.00 As Builts 2 hrs = $ 188.00 12 hrs — $ 936.00 $ 11,124.00 Total 18 hrs = $1,692.00 1 170 hrs = $14,040.00 $15,732.00 if you need more information, please call me. Warren C. Siecke, P. E. Dbaranpnp 20142 CANYON DR_, YORBA LINDA. CA 92666 714?970-6247 0 FAX 714/779-1644 �LUannell C-Qecke TRANSPORTATION AND TRAFFIC ENGINEERING PROFESSIONAL EXPERIENCE JOHN C. HUIE .John Huie has over twenty-five years experience in the traffic engineering field. He has been involved in the design of over 400 traffic signals. Mr. Huie also has extensive experience in street lighting design. Most notably, he was the lead person in development of the arterial street lighting ;;iandards for the City of Culver City and the design, of street lighting on Sepulveda Boulevard, Jefferson Boulevard and Slauson Avenue. He was also a key member of the design team for the t-affic signal interconnect, signing and striping on these arterial streets. Mr. Huie has extensive knowledge of computerized traffic signal systems which was gained I Brough the design of the Multisonics systems in Arcadia, Brea and Culver City and the Econolite system in Placentia. In addition, his skills at operating these systems has been developed through Isis responsibilities for day-to-day management of the Brea, Culver City and Placentia systems. Mr. Huie was also instrumental in preparation of the city-wide interconnect master plan for the signal systems in Brea, Culver City and Placentia. Mr. Huie's knowledge of traffic operations is based on his involvement in projects from the conceptual stage through construction including project inspection. This experience includes the following representative projects: J)iamond Bar -Design and inspection of traffic signals at Grand Avenue and Rolling Knoll Drive, at Pathfinder Road and Brea Canyon Road, at Diamond Bar Boulevard and Fountain Springs Road, at Diamond Bar Boulevard and Shadow Canyon Drive, and at Diamond Bar Boulevard and Goldrush Drive. J .a Verne - Design and inspection of traffic signals at Fairplex Drive and Pudding stone Drive, at Arrow Highway and D Street, and at White Avenue and Eighth Street. (-'ulver City - Design and project management of 30 traffic signals, 3.5 miles of street lighting and 1.5 miles of traffic signal interconnect in the redevelopment area. ('omona - Inspection of traffic signal modifications at 14 intersections on Holt Avenue. (7esume aug 97 20142 CANYON DR., YORBA LINDA, CA 92666 0 714/970-6247 0 FAX 714/779-1644 CITY OF DIAMOND BAR AGENDA REPORT AGENDA N0.6. I � TO: Terrence L. Belanger, City Manager MEETING DATE: June 16, 1998 REPORT DATE: June 10, 1998 FROM: Linda G. Magnuson, Assistant Finance Director TITLE: A resolution of the City Council of the City of Diamond Bar amending Resolution No. 91-72B , prescribing a method of drawing warrants and checks upon City funds. SUMMARY: Resolution No. 91-72B, authorized the Mayor, City Treasurer and the Assistant Finance Director to sign City warrants and checks. Resolution No. 91-72C adds the position of Deputy City Manager as an authorized signer of City warrants and checks. RECOMMENDATION: It is recommended that the City Council approve Resolution No. 91-72C. LIST OF ATTACHMENTS: _ Staff Report _ Resolution(s) Ordinance(s) _ Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: Public Hearing Notification _ Bid Specification (on file in City Clerk's office) Other: 1. Has the resolution, ordinance or agreement been reviewed _ Yes _ No by the City Attorney? 2. Does the report require a majority vote? _ Yes _ No 3. Has environmental impact been assessed? _ Yes _ No 4. Has the report been reviewed by a Commission? _ Yes _ No Which Commission? 5. Are other departments affected by the report? Yes _ No REVIEWEDB9&*P� Y: tivb Terre ce L. Belangr Linda G. Magn City Manager Assistant Finance Director CITY COUNCIL REPORT AGENDA NO. MEETING DATE: June 16, 1998 TO: Honorable Mayor and Members of the City Council FROM: City Manager SUBJECT: Resolution 91-72C - A resolution of the City Council of the City of Diamond Bar amending Resolution 91-72B, prescribing a method of drawing warrants and checks upon City funds. SUMMARY: Resolution No. 91-72B, authorized the Mayor, City Treasurer and the Assistant Finance Director to sign City warrants and checks. Resolution No. 91-72C adds the position of Deputy City Manager as an authorized signer of City warrants and checks. RECOMMENDATION: It is recommended that the City Council approve Resolution 91-72C. BACKGROUND: The City Council has in place a method of drawing warrants and checks upon City funds. This method has been that all checks and warrants drawn on City funds shall be signed by any two of the following three positions: Mayor, City Treasurer, Assistant Finance Director, with all warrants and checks over $10,000 being signed by the mayor and one of the other authorized signers. It is anticipated that the Assistant Finance Director will be on medical leave for an extended period of time (approx 6-8 weeks). As a result, Resolution 91-72C recommends the addition of the Deputy City Manager position to the list of authorized signers. PREPARED BY: Linda G. Magnuson RESOLUTION NO. 91-72C A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING RESOLUTION NO. 91-72B PRESCRIBING A METHOD OF DRAWING WARRANTS AND CHECKS UPON CITY FUNDS A. Recitals. (i) Pursuant to California law, the Mayor and City Clerk are required to execute and countersign all warrants and checks issued for payment from City funds. (ii) California Government Code Section 37203 provides that the City Council may prescribe an alternative method for drawing warrants and checks. (iii) The City Council of the City of Diamond Bar desires to provide an alternative method to insure the timely drawing of warrants and checks upon City funds. (iv) All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution, NOW, THEREFORE, the City Council of the City of Diamond Bar hereby finds, determines and resolves as follows: 1. In all respects as set forth in the Recitals, Part A, of this Resolution. 2. Pursuant to the provisions of California Government Code Section 37203, all checks and warrants drawn on City funds shall be executed and countersigned by any two of the following four positions: a. Mayor b. City Treasurer c. Assistant Finance Director d. Deputy City Manager CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO.: TO: Honorable Mayor and Members of the City Council MEETING DATE: June 16, 1998 REPORT DATE: June 8, 1998 FROM: Terrence L. Belanger, City Manager TITLE: A Resolution of the City Council of the City of Diamond Bar Approving Specifications for the 1997-1998 CDBG Sidewalks and Handicap Ramps Project in Said City and Authorizing and Directing the City Clerk to Advertise to Receive Bids. SUMMARY: The 1997-1998 CDBG Projects are for sidewalk installation on Golden Springs Drive between 21450 Golden Springs Drive (Walnut Pools) and Copley Drive and on Diamond Bar Boulevard between Steep Canyon Road and Clear Creek Canyon and for handicap access ramp installation at various locations along Brea Canyon Road and Golden Springs Drive. Hall & Foreman has prepared the specifications for the project. RECOMMENDATION: That the City Council adopt Resolution No. 98 -XX approving the bid specifications for the 1997-1998 CDBG Sidewalks and Handicap Ramps Project in Diamond Bar, and authorize the City Clerk to advertise the project for bids. LIST OF ATTACHMENTS: X Staff Report X Resolution(s) _ Ordinances(s) _ Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: _ _ Public Hearing Notification X Bid Specifications (on file in City Clerk's Office) Other 1. Has the resolution, ordinance or agreement been reviewed x Yes —No by the City Attorney? 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? N/A _ Yes _ No 4. Has the report been reviewed by a Commission? N/A _ Yes _ No Which Commission? 5. Are other departments affected by the report? X Yes _ No Report discussed with the following affected departments: REVIEWED BY: - 14" Terrence L. Bel er City Manager )Ay'lp James DeStef 10 Deputy City Mana er David G. Liu Deputy Director of Public Works CITY COUNCH. REPORT AGENDA NO. MEETING DATE: June 16, 1998 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: A Resolution of the City Council of the City of Diamond Bar Approving Specifications for the 1997-1998 CDBG Sidewalks and Handicap Ramps Project in Said City and Authorizing and Directing the City Clerk to Advertise to Receive Bids. ISSUE STATEMENT To comply with ADA requirements providing for safe and contiguous pedestrian and handicap access. RECOMMENDATION That the City Council adopt Resolution No. 98 -XX approving the bid specifications for the 1997- 1998 CDBG Sidewalks and Handicap Ramps Project in Diamond Bar, and authorize the City Clerk to advertise the project for bids. FINANCIAL SUMMARY $208,250.00 of CDBG federal funds was approved and incorporated into the FY 1997-98 budget for these sidewalk and handicap access ramps improvements. BACKGROUND/DISCUSSION The 1997-1998 CDBG Projects are for sidewalk installation on Golden Springs Drive and on Diamond Bar Boulevard and for handicap access ramp installation at various locations along Brea Canyon Road and Golden Springs Drive. Specifically, as shown on the attached vicinity map, the sidewalk installation will be located on the south side of Golden Springs Drive between 21450 Golden Springs Drive (Walnut Pools) and Gateway Center and on the north side of Golden Springs Drive between Gateway Center and Copley Drive. On Diamond Bar Boulevard, sidewalk installation will be located on the east side of Diamond Bar Boulevard between Steep Canyon Road and Clear Creek Canyon. Location of handicap access ramps will be at the intersections of Brea Canyon Road at Pathfinder Road, Via Sorella, Glenbrook Drive, and Lycoming Street and at the intersection of Golden Springs Drive and El Encino. 3. Notwithstanding the provisions set forth above, any and all checks and warrants drawn on City funds payable in excess of $10,000 shall be signed by the Mayor and one of the required signatures thereof. 4. The City Council hereby authorizes and directs the execution of all documents reasonably necessary to implement the method for payment of checks and warrants set forth above, including but not limited to, execution of documents pertaining to City Bank accounts with City's banking institution(s). 5. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED 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, 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: COUNCILMEMBER: NOES: COUNCILMEMBER: ABSENT: COUNCILMEMBER: ABSTAINED: COUNCILMEMBER: LYNDA BURGESS, City Clerk City of Diamond Bar Staff has prepared a tentative schedule for the various project activities. They are as follows: Specifications to City Council June 16, 1998 for approval and authorize City Clerk to advertise for bids Bid Opening July 9, 1998 Award of Contract July 21, 1998 Notice to Proceed August 10, 1998 Start of Construction August 10, 1998 Completion of Construction August 28, 1998 Prepared By: Rose E. Manela RESOLUTION NO. 98 -_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING SPECIFICATIONS FOR THE 1997-1998 CDBG SIDEWALKS AND HANDICAP RAMPS PROJECT IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. This is a federally assisted construction contract and Federal labor standards, including the Davis Bacon requirements, will be enforced If Federal and State wage rates are applicable, then the higher of the two will prevail. "This is a Section 3 contract and bidders must address the Section 3 employment and contracting goals to be considered a Section 3 responsive bidder. The contract will be awarded to a Section 3 responsive bidder provided that the bid amount is reasonable. " 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 specifications for the 1997-1998 CDBG Sidewalks and Handicap Ramps Project. NOW, THEREFORE, BE IT RESOLVED that the specifications presented to the City of Diamond Bar be and are hereby approved as the specifications for the 1997-1998 CDBG Sidewalks and Handicap Ramps Project. 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 the work specified in the aforesaid specifications, which said advertisement shall be in the form and content as approved by the City Attorney and a copy of this Resolution shall be contained in each specification package for the work: "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 10:00 o'clock a.m. on the 9th day of July, 1998, sealed bids or proposals for the 1997-1998 CDBG Sidewalks and Handicap Ramps Project. 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, "1997-1998 CDBG Sidewalks and Handicap Ramps Project." lb Iaft , '�•�.�~. �: � k � !4 .� ' ', u 3 _d .? a j RA TV i 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 Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rate 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. The Contractor shall forfeit, as penalty to the City of Diamond Bar, not more than fifty dollars ($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 herein before 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 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 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 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 herein before 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 (1001%) of the contract price thereof, and a labor and material bond in an amount equal to one hundred (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 (Class A and/or C- 8) 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 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 specifications will be furnished upon application to the City of Diamond Bar and a non-reimbursable payment of $10.00. Upon written request by the bidder, copies of the specifications will be mailed when said request is accompanied by a non-reimbursable payment of $20.00 to cover the cost of mailing charges and overheads. 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 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 June 16, 1998. PASSED, APPROVED AND ADOPTED by the City Council of the City this 16th day of June 1998. ATTEST: CITY CLERK MAYOR 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 City Council of the City of Diamond Bar, California, at its regular meeting held on the 16th day of June, 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 CITY OF DIAMOND BAR TO: Mayor and City Council Members FROM: Terrence L. Belanger, Cit Manager g � Y g SUBJECT: Budget Adjustment for Building and Safety Contract services DATE: June 16, 1998 BACKGROUND: The amended Fiscal Year 1997-1998 Budget estimates revenues for Building and Safety Contract Services at $443,450.00 and estimated expenditures of $281,000.00. Building and Safety service expenditures are based upon a percentage of the building permit, plan checking and inspection revenues received by the City. Sales of homes at the Standard Pacific project are exceeding expectations. Requests for additional construction permits will result in a necessary increase in the budgeted revenues and expenditures for the balance of FY 1997-1998. As a result of the anticipated activity it is necessary to increase FY 97-98 revenues for building and safety contracted services by $100,000 to $543,450.00 and expenditures by $60,000.00 to $341,000.00. ION: It is recommended that the City Council approve a budget adjustment increasing revenues for Building and Safety Services by $100,000 and expenditures by $60,000.00. TB:JDS:dbm CITY OF DIAMOND BAR AGENDA REPORT AGENDA N0. TO: Honorable Mayor and Members of the City Council MEETING DATE: June 16,1998 REPORT DATE: June 3,1998 FROM: Terrence L. Belanger, City Manager TITLE: Award of Contract for Copiers SUMMARY: The City solicited proposals for the purchase of two (2) copiers. Staff analyzed the proposals and identifies that the Xerox 5100 is the model which best meets the City's current and future needs. The City has the option to purchase two (2) re- manufactured Xerox 5100A copiers from Xerox Corporation for $44,382 ($20,500+tax) RECOMMENDATION: It is recommended that the City Council authorize the purchase of two (2) re -manufactured Xerox 5100A copiers from Xerox Corporation for a total cost of $44,382 and authorize a one (1) year contract with Xerox Corporation for Full Service Maintenance at a rate of approximately $1,121.00 per month. LIST OF ATTACHMENTS: EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: X Staff Report— Public Hearing Notification _ Resolution(s) _ Bid Specification Ordinance(s) _ Other: _ Agreement(s) 1. Has the resolution, ordinance or agreement been reviewed _ Yes L No by the City Attorney? 2. Does the report require a majority vote? X Yes _ No 3. Has environmental impact been assessed? _ Yes X No 4. Has the report been reviewed by a Commission? _ Yes X No Which Commission? 5. Are other departrnents affected by the report? —Yes X No Report discussed with the following affected departments: RCj• v Terr nce L. Belanger City Manager , Anne M. Haraksin Administrative Assistant CITY COUNCIL REPORT AGENDA NO. MEETING DATE: June 16,1998 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Award of Contract for Copiers ISSUE STATEMENT: Shall the City Council authorize the purchase of two (2) re -manufactured Xerox 5100A copiers from Xerox Corporation; and approve a one (1) year maintenance agreement with Xerox Corporation for a monthly rate of approximately $1,212? RECOMMENDATION: It is recommended that the City Council authorize the purchase of two (2) re -manufactured 5100A copiers from Xerox Corporation at a total cost of $44,382 and authorize a one (1) year contract with Xerox Corporation for Full Service Maintenance at a monthly rate of $1,212.. BACKGROUNDIDISCU SSION: The City sought responses from qualified firms to provide specifications and prices for two (2) copy machines and to provide the fee for copy machine maintenance. The proposed price of the machines was to include the trade-in value of the City's two currently owned machines. Currently, the City possesses a Konica 5590 (2,172,532 copies), which was purchased October 17, 1989 for $11,798, and produces approximately 15,000 copies per month. The City also possesses a re -manufactured Xerox 1090 (4,859,727 copies), which was purchased on May 21, 1991 for $26,536. The re -manufactured Xerox 1090 produces approximately 46,000 copies per month. In order to develop specifications to include in the Request for Proposals (RFP), staff office -tested copiers manufactured by Xerox, Canon, Sharp, Minolta, Toshiba, and Konica. The City developed and mailed the copier RFP to Select Office Solutions, Image IV Systems, Minolta, International Business Equipment (IBE), OCE -USA, FKM Copier Products, IKON Office Solutions, Pitney Bowes, and the Xerox Corporation. The following four firms responded to the City's RFP: IBE, Image IV, OCE' -USA, Inc., and the Xerox Corporation. Staff reviewed the proposals and identifies Xerox's re -manufactured 5100A as the model which best meets the City's current and future needs. The machine that is the most comparable to the re -manufactured Xerox 5100A is the IBE's re -conditioned Xerox 5100. A re -manufactured copier is a copier which has been "run through" the factory production line and has been re -manufactured with the exception of major internal metal structural members and the outside casing (repainted). The two copiers that Xerox will be providing had 350,000 and 650,000 original copies made on them respectively. In essence, these are very lightly used machines. The Xerox 5100 and the Xerox 5100A copiers have the same specifications. However, the Xerox 5100A is an upgrade of the Xerox 5100, and the Xerox Corporation is the only firm authorized to sell or lease the copy machine. The Xerox 5100A has improved toner management, developer bearings, boner containment seals, consistency of solid areas, copy quality maintainability, document handling reliability, and copy paper handling. The purchase price and maintenance fee comparison of the equipment is the following: Xerox Corp. IBE Copier Xerox 5100A Xerox 5100 Purchase Price (2) $44,382.50 $50,000 Maintenance Price $1,212.65 +tx $874.66 +tx The outright purchase price of Xerox's two (2) re -manufactured Xerox 5100A copiers is $44,382, which includes tax and the trade-in value of the City's current two (2) copiers. Xerox's purchase price is $5,617.50 less than IBE's. However, the Xerox Corporation's maintenance cost is $337/month higher gross ($249/month net) than IBE's. Nevertheless, it is deemed to be in the City's best interest to purchase the Xerox equipment The Xerox 5100A equipment is of more recent original manufacture than the older 5100. It is a virtual certainty that the 5100A original equipment is more lightly used than other proposers. Xerox offers a seven year guarantee, while IBE offers a five year guarantee. It is, therefore, recommended that the City contract with Xerox for the maintenance of the acquired copiers in order to utilize the Seven Year Guarantee. The Full Service Maintenance cost of the proposed two (2) re -manufactured Xerox 5100A copiers, which includes all parts, labor, and supplies such as toner and developer is approximately $1,212 per month. Currently, the City contracts with Image IV to maintain the Konica 5590 at a price of approximately $162 per month. The City is billed $.0108 per copy. The City contracts with IBE for the maintenance of the re- manufactured Xerox 1090 for a fee of approximately $379.34 per month. The City is charged a base fee of $165, which includes 10,000 copies, and is billed $.0050 per additional copy. Attachments: 1. Request for Proposals 2. Analysis of Proposals Il1.U10NII It.11: REQUEST FOR PROPOSALS Copy Machines The City of Diamond Bar is seeking responses from qualified firms to provide prices for two (2) copy machines and to provide the fees for copy machine maintenance. GENERAL BACKGROUND The City of Diamond Bar is seeking responses from qualified firms to provide prices for two (2) copy machines and the fees for copy machine maintenance. Currently, the City possesses a Konica 5590 (2,172,532 copies), which produces approximately 15,000/copies per month, and a refurbished Xerox 1090 (4,859,727 copies), which produces approximately 46,000/copies per month. The bidding price is to include the trade-in value of the two machines. SUBMISSION PROCEDURES The proposal must include the following: • Cover letter including name, address and telephone number for the firm, background information and the name of the contact person. • Information on the proposed copy machines. • Proposed fee (for each copy machine; with trade-in discount). • Proposed billing for maintenance (for all supplies, excluding paper and staples). • At least three references. SUBMITTAL DEADLINE Interested firms must submit two copies of the proposal to: Anne Haraksin, Administrative Assistant City of Diamond Bar 21660 E. Copley Drive, Ste. 100 Diamond Bar, CA 91765 Proposals are due by: 5:00 p.m., Monday, April 20, 1998 SELECTION CRITERIA The City of Diamond Bar is not obligated to award a contract and reserves the right to reject all proposals. If the City determines to award a contract, it is not obligated to make the award to the low proposer. Other factors will be considered by the City such as, evidence of satisfactory performance under other contracts, financial condition, and such other evidence as might convince the City that any one proposal would provide the most effective, economical and reliable service to the City. In reviewing and evaluating the response to this RFP, City staff will be considering the following copier specifications: • 100 Copies Per Minute for 8 1/2 x 11, 8 1/2 x 14 • 66 Copies Per Minute for 11 x 17 • 11 x 17 Input and Output Capacity • Universal Document Handler: 100 Originals • Side Document Feeder: 5 x 5 to 11 x 17 • 3 Paper Drawers: 3,500 Sheet Capacity • 100 Stapled Sheets: Single -Staple Landscape, Single- or Dual -Staple Portrait • Total Satisfaction Guarantee • Auto Duplexing • 1 -Sided to 2 -Sided, 2 -Sided to 2 -Sided, 2 -Sided to 1 -Sided • Finisher: 1,500 Sheets Stacked or Offset Collated • Original Framing • Throughput to Include Plain Bonds, Tab Stock, Cover Stock, Index Stock, Carbonless Paper, Adhesive Labels, and Transparencies • Produce up to 3 Stocks in 1 Job • Tab Creation • Transparencies with Dividers • Document Glass: Up to 12 x 17 Image Area • Continuous Run while Loading, Automatic Tray Switching, and Automatic Paper Selection • 5 Minute Warm -Up Time • Quantity Selector: 1 - 9,999 • Zoom Reduction and Enlargement: 64-155% ADDITIONAL QUESTIONS Please direct additional questions pertaining to this RFP to Anne Haraksin, Administrative Assistant, at (909) 396-5692. 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O OL O N yUU g c ea.6 Ci t a o00W�9 wwwo � YZZ}cjC0cm w}>- Zin C O co N - � � U 8 Sc co oCL ��jj coNwQ oc!w00 0w le }N}-}=)c+1}ZZr- cl m jj C � b at oc y c LL CS J H IOL F d YjLO�s co x S CiO� Tc Q vmat> mi0) c7�a CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. !�,IC` TO: Honorable Mayor and Members of the City Council MEETING DATE: June 16, 1998 REPORT DATE: June 9, 1998 FROM: Terrence L Belanger, City Manager TITLE: APPROVAL OF PURCHASE ORDER FOR LASER RADAR GUNS SUMMARY: The Walnut Sheriff Station has requested the City to purchase three (3) laser radar guns which will be used by the Diamond Bar motorcycle patrol units. The laser radar guns will be purchased through State COPS funding, which was budgeted in the 1997-98 budget. The Sheriffs Department and City received specifications and bids from three companies. Based upon the review of the specifications, it is recommended that the City purchase three Kustom Signals - Prolaser Lidar System radar guns. The Prolaser has aluminum external housing, attached handle, red dot aiming with simultaneous speed and distance tracking. The Prolaser allows both heads -up display and built in numbering. The lidar system is preferred by the judicial system, due to the adequately of the readings and elimination of "false" readings. The laser radar guns range from $3,125 to $3,995. RECOMMENDATION: It is recommended that the City Council approve a Purchase Order with Kustom Signals, Inc. for $12,973.76. LIST OF ATTACHMENTS: X Staff Report _Public Hearing Notification _ Resolution(s) _ Bid Specification _ Ordinance(s) Other: Agreement(s) EXTERNAL DISTRIBUTION: Walnut Sheriff Station SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been N/A _ Yes _ No reviewed by the City Attorney? 2. Does the report require a majority vote? X Yes _ No 3. Has environmental impact been assessed? N/A Yes _ No 4. Has the report been reviewed by a Commission? N/ _ 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. Bel er K61 ee A. Fritzal City Manager Assistant to the City Manager COUNTY OF LOS ANGELES SHERIFF'S DEPARTMENT Date: MAY 1, 1998 File No.: I � FROM: RICHARD J. MARTINEZ, CAPTA TO: TERRY BELANGER, CITY MANAGER WALNUT/SAN DIMAS STATIONS CITY OF DIAMOND BAR SUBJECT: EXPENDITURE OF FEDERAL/STATE "COPS" MONIES This is a request to purchase three (3) laser radar guns to be used by the motorcycle patrol units with the federal or state "COPS" monies for the use of traffic enforcement. The items to be purchased are from the City Council approved list. The estimated cost of the items is approximately $3500.00 each. RJM/DES/CAT/ct cN\�memosVazer.ab CITY OF DIAMOND BAR AGENDA REPORT AGENDA NOs �_7 TO: Honorable Mayor and Members of the City Council MEETING DATE: June 16, 1998 REPORT DATE: June 5, 1998 FROM: Terrence L. Belanger, City Manager TITLE: APPROVAL OF CONTRACT WITH ARMENTROUT CONSULTANT FOR EMERGENCY PREPAREDNESS SERVICES SUMMARY: The preservation of life and property is an inherent responsibility of local, state and federal governments. This is assisted through planning for emergencies and being able to respond adequately. In 1992, Armentrout Consultants prepared the City's Multihazard Functional Plan which serves as the basis for the City's emergency organization and operations. In 1994, coordination of Emergency Services were brought in-house. Due to re -organization, the City requested proposals/applications for Emergency Services Coordinator in December, 1997; the City received 2 responses. Armentrout Consultants were deemed to be the most qualified and began providing emergency preparedness services to the City in February, 1998. Armentrout Consultants has prepared the draft Emergency Operations Plan and will be completing the S.E.M.S. document and training. The Professional Services Agreement for Armentrout Consulting is a not -to -exceed figure of $16,640 or approximately 16 hours per week. RECOMMENDATION: It is recommended that the City Council approve an Amendment to the Professional Services Agreement with Armentrout Consulting for Emergency Preparedness Services for one year in the amount not -to -exceed $16,640. LIST OF ATTACHMENTS: X Staff Report _Public Hearing Notification _ Resolution(s) _Bid Specification Ordinance(s) XOther:proDmViobassignments _ X Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been X Yes _ No reviewed by the City Attorney? 2. Does the report require a majority vote? X Yes _ No 3. Has environmental impact been assessed? N/A Yes _ No 4. Has the report been reviewed by a Commission? l/ _ Yes _ No Which Commission? 5. Are other departments affected by the report? _ Yes X No Report discussed with the following affected departments: REVIEWED BY: q1 Terre6ce L. Bela Kellee A. Fritzal City Manager Assistant to the Cit anager CONSULTING SERVICES AGREEMENT THIS AGREEMENT is made as of February 5. 1998 by and between the City of Diamond Bar, a municipal corporation ("City") and Armentrout Consultants ("Consultant"). RECITALS A. City desires to utilize the services of Consultant as an independent contractor to provide consulting services to City as set forth in Exhibit "A", job announcement. B. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: 1. Consultant's Services. A. Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit "B" the Consultant's Response, dated December 30, 1998, to the City's Request. B. Level of Services/Time of Performance. The level of and time of the specific services to be performed by Consultant are as set forth in Exhibit "B." 2. Term of Agreement. This Contract shall take effect February 5. 1998, and shall continue until June 30, 1998, unless earlier terminated pursuant to the provisions herein. 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the schedule set forth in Exhibit "B." Payment will be made only after submission of proper monthly invoices in the form specified by City. Total payment to Consultant pursuant to this Agreement shall not exceed one thousand dollars dollars ($10`00_) per month. 4. General Terms and Conditions. In the event of any inconsistency between the provisions of this Agreement and Consultant's proposal, the provisions of this Agreement shall control. 5. Addresses. City: Terrence L. Belanger Consultant: Phil Armentrout City Manager Armentrout Consultants City of Diamond Bar 5570 Avenida Del Tren 21660 East Copley Drive Yorba Linda, CA 92687 Suite 100 Diamond Bar, California 91765-4177 930525 10572-00001 iW$dl 1092677 4 6. Status as Independent Consultant.. A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. 7. Standard of Performance. Consultant shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions. 8. Indemnification. Consultant agrees to indemnify the City, its officers, agents, volunteers, employees, and attorneys against, and will hold and save them and each of them harmless from, and all actions, claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of the acts, errors or omissions of Consultant, its agents, employees, subcontractors, or invitees, including each person or entity responsible for the provision of services hereunder. In the event there is more than one person or entity named in the Agreement as a Consultant, then all obligations, liabilities, covenants and conditions under this Section 8 shall be joint and several. 9. Insurance. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company admitted to do business in California and approved by the City (1) a policy or policies of broad -form comprehensive general liability insurance with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00; (3) automotive liability insurance, with minimum combined single limits coverage of $500,000.00; %, be the resaLghm "F not INS thm ; and (5) worker's compensation insurance with a minimum limit of $500,000.00 J �- or the amount required by law, whichever is greater. City, its officers, employees, attorneys, and volunteers shall be named as additional insureds on the policy(ies) as to comprehensive general liability, property 95OS25 10572-00001 1ry/d1 1092677 4 Page 2 damage, and automotive liability. The policy (ies) as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintairied by the City shall be excess insurance only. A. All insurance policies shall provide that the insurance coverage shall not be non - renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) day's prior written notice thereof. Consultant agrees that it will not cancel, reduce ur otherwise modify the insurance coverage. B. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement; shall be issued by an insurance company which is admitted to do business in the State of California or which is approved in writing by the City; and shall be placed with a current A.M. Best's rating of no less that A VII. C. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (2) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less that one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement", or a substantially similar form which the City has agreed in writing to accept. 10. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Consultant prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Consultant's prior written consent, use the same for other unrelated projects. 11. Ownership of Materials. All materials provided by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. 12. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, director or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shat I be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 950525 10572.00001 bj 1092677 4 Page 3 13. Termination. City may terminate this Agreement with or without cause upon fifteen (15) days' written notice to Consultant. The effective date of termination shall be -upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services. 14. Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City's premises. 15. Non -Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 16. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 17. Performance Evaluation. For any contract in effect for twelve months or longer, a written annual administrative performance evaluation shall be required within ninety (90) days of the first anniversary of the effective date of this Agreement, aid each year thereafter throughout the term of this Agreement. The work product required by this Agramcnt shall be utilized as the basis for review, and any comments or complaints received by City during the review period, either orally or in writing, shall be considered. City shall meet with Consultant prior to preparing the written report. If any r.:, compliance with the Agreement is found, City may direct Consultant to correct the inadequacies, or, in the alternative, may terminate this Agreement as provided herein. 18. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 95052510572-00001 lsj sdl 1092677 4 Page 4 19. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 20. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Amt, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 21. Notices. Any notices, bills, invoices, or reports required by this Agreezie.:t shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. 22. Governing Law. This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. 23. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 24. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk: 25. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference. 950523 10572-00001 Wod 1092677 4 Page 5 written above. "City" ATTEST: IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first City Clerk Approved as to form: By: City Attomey CITY OF DIAMOND BAR By: City M "CONSULTANT" 0 95052510572.00001 loyal 1092677, Page 6 void I _9 D'_ At the direction of the City Manager, or his designee, the Emergency Preparedness Coordinator shall perform the duties described below: Development of SEMS Manual and Emergency Operations Plans (PRIORITY) Development of situation specific plans to guide the City policy and communications. (fire/earthquake/landslide/hazardous waste spill) Development of Diamond Bar Emergency checklist for specific positions/emergencies. Development of evacuation procedures for all City facilities. Create periodic training activities Tabletop exercise in City Hall EOC Tabletop exercise in Mobile EOC Field Disaster exercise (all employees/DBARS) Inventory all EOC equipment (mobile/City Hall) Prepare maintenance/equipment checklist policy. Responsible party and frequency of maintenance. Prepare checklist for control of all EOC equipment (for use of equipment in non- emergency times) Cellular phones Laptop Computers Purchase of needed equipment for City Hall/mobile unit Prepare emergency preparedness fliers Develop presentations for community group Investigate Neighborhood watch program for emergency preparedness RESUME ARMENTROUT CONSULTANTS 5570 Avenida Del Tren Yorba Linda, CA 92687 (714) 692-1067 PROFESSIONAL OBJECTIVE: Emergency Services Coordinator EDUCATION: Present 1984 1980 1981 1972 EXPERIENCE: 1993 to Present California State University, Northridge Graduate studies in Public Administration California State University, Long Beach Graduate studies in Education California State University, Los Angeles Bachelor of Science Degree in Fire Protection Administration and Management Santa Ana College Associate of Science Degree in Fire Technology Anaheim Union High School Diploma Emergency Preparedness Manager, Chino Valley Fire District • Coordinate emergency preparedness programs for Cities of Chino and Chino Hills. • Train staff and executives on S.E.M.S. • Organized multi agency training with C.S.T.I. • Planned and organized multi city/agency disaster exercises. • Organized and planned for multi agency response to "El Nino". • Developed Flood Preparedness Brochure ARMENTROUT CONSULTANTS 1995 to 1996 Emergency Services Coordinator Claremont Police Department • Developed local emergency resource list. • Developed emergency plan and checklists for Council and Staff in compliance with S.E.M.S. 1992 to 1994 Emergency Services Coordinator City of Diamond Bar, CA. • Developed an emergency plan for neighborhoods. • Developed multi -hazard functional plan adopted by Council. • Developed an emergency resource list of public and private resources. • Organized recouping of funds for storm related incident. • Assisted in the purchase and equipping of mobil E.O.C. • Prepared and presented public speaking RELATED TRAINING: engagements with community groups. 1997 • Emergency Flood Management Course, C.S.T.I. 1996 • S.E.M.S. Emergency Operations Center Course, C.S.T.I. - 1995 • S.E.M.S. Introductory, Executive, and Field Courses, C.S.T.I. 1994 • Emergency Continuity Of Government, C.S.T.I. 1993 • Developing Volunteer Resources, F.E.M.A. P-)c.P " Zi�1 ._.. RMENTROUT CONSULTANTS • Community Emergency Response Team Course, F.E.M.A. 0 Hazard Mitigation Planning F.E.M.A. • Mass Fatality Management Course, Los Angeles County • Disaster Planning, C.S.T.I. • Emergency Operations Center Design and Function, C.S.T.I. • Introduction to Emergency Management, C.S.T.I. 98y 0 Heavy Rescue, California State Fire Marshal REFERENCES Albert Grams. Fire Chief, Chino Valley Fire District 15091 La Palma Drive Chino, CA 91710 (909)597-7775 Russell Brown, Captain, Claremont Police Department 570 W. Bonita Ave. Claremont, CA 91711 (909) 399-5413 Jerry Roach, Director, Area D, Los Angeles County Office of Emergency Services 725 N. Alameda Ave. Azusa, CA 91702 (818) 969-6998 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Honorable Mayor and Members of the City Council MEETING DATE: June 16,1998 REPORT DATE: June 9,1998 FROM: Terrence L. Belanger, City Manager TITLE: Landscaping Assessment District Number 38. SUMMARY: The City Council at the May 18, 1998 meeting approved the Engineer's Report and adopted Resolution No. 98-29 to declare City's intention to levy and collect assessments for District No. 38. The Council also set June 16, 1998 as the public hearing date on the levy of the proposed assessments on assessable lots within this District for Fiscal Year 1998-99. RECOMMENDATION: It is recommended that the City Council adopt the attached Resolution to set the assessment for Fiscal Year 1998-99 for Landscaping Assessment District Number 38. LIST OF ATTACHMENTS: Staff Report _ Public Hearing Notification X Resolution _ Bid Specifications _ Ordinances(s) Other: Engineer's Report _ 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 415 vote? Majority 3. Has environmental impact been assessed? NIA —Yes —No 4. Has the report been reviewed by a Commission? NIA —Yes —No Which Commission? 5. Are other departments affected by the report? NIA —Yes —No Report discussed with the following affected departments: REVIEWED BY: ti Terrence L. Belanger City Manager C:IWP601LINDAKAUGEN-981D IST#38.616 t 11��iy Ja66sDeStefano Deputy City Manager David G. Liu Deputy Director of Public Works CITY COUNCIL REPORT AGENDA N0. MEETING DATE: June 16, 1998 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Landscaping Assessment District Number 38 ISSUE STATEMENT: The City Council at the May 18, 1998 meeting approved the Engineer's Report and adopted Resolution No. 98-29 to declare City's intention to levy and collect assessments for District No. 38. The Council also set June 16,1998 as the public hearing date on the levy of the proposed assessments on assessable lots within said District for Fiscal Year 1998-99. RECOMMENDATION: It is recommended that the City Council adopt the attached Resolution to set the assessment for Fiscal Year 1998-99 for Landscaping Assessment District Number 38. FINANCIAL SUMMARY: The revenues generated by this District will finance the cost There will be no impact on the City's General Funds. BACKG ROU N DIDISC U SSI O N : The landscaping improvements to be maintained by District 38 are the parkways along the northerly side of Grand Avenue (between Diamond Bar Boulevard and Summitridge Drive) and along the southerly side of Temple Avenue (between Diamond Bar Boulevard and Golden Springs Drive), and the medians throughout the City. This reflects a total maintenance area of 6.23 acres. The maintenance and servicing of public landscaping improvements installed and constructed in public places in the City provides a special benefit which is received by each and every lot or parcel within the District, tending to enhance their value. The estimated number of parcels within the District is 17,435 parcels. The amount assessed upon the lands within District No. 38 for Fiscal Year 1997-98 was $15.00 per parcel. The amount to be assessed for Fiscal Year 1998-99 is to remain at $15.00 per parcel. The proposed assessment is for the purpose of financing (1) operating/maintenance expenses including staff wages, and purchasing or leasing supplies, equipment or materials, and (2) Capital Improvement Projects. Landscaping Assessment District Number 38 June 16, 1998 Page 2 This proposed assessment has been determined to be exempt from the provisions of Proposition 218 as set forth in Section 5(a): Any assessment imposed exclusively to finance the capital costs or maintenance and operation expenses for sidewalks, streets, sewers, water, flood control drainage systems or vector control. Prepared By: David G. Liu C:\WP60\LI NDAKAIICCR-981D ISTN38.616 2 RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR LEVYING AN ASSESSMENT ON CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 38 FOR THE FISCAL YEAR 1998-99. A. RECITALS. (i) By its Resolution No. 98-29, this Council approved a report of the City Engineer related to City of Diamond Bar Assessment District No. 38 prepared pursuant to California Streets and Highways Code Section 22623, described the improvements thereon and gave notice of and fixed the time and place of the hearing on the question of assessment thereon for fiscal year 1998-99. A diagram of the area encompassed by said assessment district is attached hereto as Exhibit "A -l." (ii) Said hearing was duly and properly noticed, commenced at the South Coast Air Quality Management Auditorium, 21865 East Copley Drive, Diamond Bar, California on June 16, 1998, and was concluded prior to the adoption of this Resolution. (iii) All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION. NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby find, determine and order as follows: 1. The Recitals, as set forth in Part A of this Resolution, are in all respects true and correct. 2. This Council hereby expressly overrules any and all protests filed objecting to the proposed improvements specified 1 herein or the assessment levied therefor. 3. Based upon its review of the report of the City Engineer referred to hereinabove, and other reports and information, the City Council hereby finds that (i) the land within the said District will be benefitted by the improvements specified in said report, (ii) said District includes all of the lands so benefitted, and (iii) the net amount to be assessed upon the lands within said District for the 1998-99 fiscal year, in accordance with said report, is apportioned by a formula and method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements 4. The improvements specified in the report hereinabove referred to which is on file with the City Clerk of the City of Diamond Bar are hereby ordered to be completed. 5. The assessment diagram contained in the report referred to hereinabove and the assessment of $15.00 for each assessable lot located within said District are hereby adopted and confirmed and said assessment hereby is levied for the 1998-99 fiscal year. 6. The assessment is in compliance with the provisions of the Act, and the City Council has complied with all laws pertaining to the levy of an annual assessment pursuant to the Act. The assessment is levied for the purpose of paying the costs and expenses of the improvements described in the report referred to hereinabove for fiscal year 1998-99. 7. The City Treasurer shall deposit all moneys representing 0) assessments collected by the County to the credit of a special fund for use in City of Diamond Bar Assessment District No. 38. 8. The City Clerk is hereby authorized and directed to file the diagram and assessment with the County Auditor, together with a certified copy of this Resolution upon its adoption. 9. A certified copy of the assessment and diagram shall be filed in the office of the City Clerk and open for public inspection. 10. The City Clerk shall certify to the adoption of this Resolution. ADOPTED AND APPROVED this day of MAYOR 1998. I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at the regular meeting of the City Council of the City of Diamond Bar held on the day of 1998, by the following Roll Call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: assessments collected by the County to the credit of a special fund for use in City of Diamond Bar Assessment District No. 38. 8. The City Clerk is hereby authorized and directed to file the diagram and assessment with the County Auditor, together with a certified copy of this Resolution upon its adoption. 9. A certified copy of the assessment and diagram shall be filed in the office of the City Clerk and open for public inspection. 10. The City Clerk shall certify to the adoption of this Resolution. ADOPTED AND APPROVED this day of 1998. MAYOR I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at the regular meeting of the City Council of the City of Diamond Bar held on the day of 1998, by the following Roll Call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Lynda Burgess, City Clerk City of Diamond Bar C:\WP60\LINDAKAY\RESO-9B\RESOLU98.LEV P Ll SWEET 10:I$WEET mW 34 �"` tea' U '�` �`�'� • ,•, ° KC � �l�l� /fir• '�`��t .� C- - �' EXHIBIT "A-1" ASSESSMENT DIAGRAM ASSESSMENT DISTRICT N0.38 FISCAL YEAR 1998-99 for the ""NZ CITY OF DIAMOND BAR ENGINEER'S REPORT Update of ASSESSMENT DISTRICT NO. 38 Fiscal Year 1998-99 CITY OF DIAMOND BAR Preliminary: May 18, 1998 Confirmed: June 16, 1998 Prepared by: GFB-FRIEDRICH & ASSOC., INC. 6529 Riverside Avenue, Suite 230 Riverside, CA 92506 TABLE OF CONTENTS INTRODUCTION Im BOUNDARIES OF DISTRICT 2 IMPROVEMENTS 3 Landscaping FINANCIAL ANALYSIS 4 Revenue Appropriations METHOD OF APPORTIONMENT 5 6 ASSESSMENT ASSESSMENT ROLL 7 EXHIBITS Exhibit "A-1" - Assessment Diagram Exhibit "B-1" - Improvement Map INTRODUCTION Pursuant to the order of the City Council of the City of Diamond Bar, this report is prepared in compliance with the requirements of Article 4, Chapter 1, Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of the State of California. This report presents the engineering analysis for the 1998-99 Fiscal Year for the district known as: ASSESSMENT DISTRICT NO. 38 CITY OF DIAMOND BAR (Hereinafter referred to as "District"). This District, by special benefit assessments, provides funding for the maintenance of landscaped areas owned by the City of Diamond Bar which are located in public rights-of-way within the City of Diamond Bar. Section 22573, Landscaping and Lighting Act of 1972, requires assessments to be levied according to benefit rather than according to assessed value. The section states: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated special benefits to be received by each such lot or parcel from the improvements. The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 (commencing with Section 5000)) [of the Streets and Highways Code, State of California]." As the assessments are levied on the basis of benefit, they are considered a user's fee, not a tax, and, therefore, are not governed by Article XIIIA of the California Constitution. Properties owned by public agencies, such as a city, county, state or the federal government, are not assessable by law. ENGINEER'S REPORT Update of ASSESSMENT DISTRICT NO. 38 Fiscal Year 1998-99 CITY OF DIAMOND BAR Preliminary: May 18, 1998 Confirmed: June 16, 1998 Prepared by: GFB-FRIEDRICH & ASSOC., INC. 6529 Riverside Avenue, Suite 230 Riverside, CA 92506 TABLE OF CONTENTS INTRODUCTION BOUNDARIES OF DISTRICT IMPROVEMENTS Landscaping FINANCIAL ANALYSIS Revenue Appropriations METHOD OF APPORTIONMENT ASSESSMENT ASSESSMENT ROLL EXHIBITS Exhibit "A-1" - Assessment Diagram Exhibit "B-1" - Improvement Map 1 2 3 4 5 6 7 INTRODUCTION Pursuant to the order of the City Council of the City of Diamond Bar, this report is prepared in compliance with the requirements of Article 4, Chapter 1, Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of the State of California. This report presents the engineering analysis for the 1998-99 Fiscal Year for the district known as: ASSESSMENT DISTRICT NO. 38 CITY OF DIAMOND BAR (Hereinafter referred to as "District"). This District, by special benefit assessments, provides funding for the maintenance of landscaped areas owned by the City of Diamond Bar which are located in public rights-of-way within the City of Diamond Bar. Section 22573, Landscaping and Lighting Act of 1972, requires assessments to be levied according to benefit rather than according to assessed value. The section states: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated special benefits to be received by each such lot or parcel from the improvements. The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 (commencing with Section 5000)) [of the Streets and Highways Code, State of California] . " As the assessments are levied on the basis of benefit, they are considered a user's fee, not a tax, and, therefore, are not governed by Article XHIA of the California Constitution. Properties owned by public agencies, such as a city, county, state or the federal government, are not assessable by law. BOUNDARIES OF DISTRICT The boundary of the District is completely within the City limits of the City of Diamond Bar and is shown on the Assessment Diagram (on file in the office of the City Clerk at the City Hall of Diamond Bar as Exhibit "A-1"). All parcels of real property included within the District are described in detail on maps on file in the Los Angeles County Assessor's office. N IMPROVEMENTS The facilities and items of servicing and maintenance included within the District are as follows: LandscauI Servicing means the furnishing of water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements. Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of any improvement, including: 1. Repair, removal or replacement of all or any part of any landscape improvement. 2. Providing for the life, growth, health and beauty of landscaping, including without limitation, cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury - 3. The removal of trimmings, rubbish, debris and other solid waste. Improvements to be serviced and maintained include, but are not limited to, median island and parkway landscaping on major streets and thoroughfares in the City of Diamond Bar. Exhibit "B-1," attached hereto, shows the location and extent of the landscaping improvements to be maintained by the proceeds from this assessment district. 3 FINANCIAL ANALYSIS The estimated funding for maintenance and servicing of landscaping for the update of Assessment District No. 38 for the 1998-99 Fiscal Year is as follows: Appropriation Fund Balance (from FY 1997-98) $ 338,205 Property Tax and Assessments 261,525 Interest Revenue 8,000 TOTAL $ 607,730 Personal Services Salaries $ 6,970 City Paid Benefits 100 Benefits 950 Worker's Compensation Expense 150 Medicare Expense 110 Cafeteria Benefits 1,050 Operating Expenses Advertising 700 Utilities 86,100 Maintenance -Grounds & Bldg 15,000 Professional Services 25,300 Contract Services 50,000 Capital Improvements 4,500 Transfer to CIP Fund ' 300,000 Reserve for Future Capital Improvements 100,000 Reserves 16.800 TOTAL $ 607,730 Future capital improvements includes the construction of landscaped medians in Golden Springs Drive between Lemon Avenue and Gona Court (estimated cost of construction and project administration - $400,000). Plans and specifications showing the general nature, location and extent of the proposed improvements are on file in the office of the City Clerk and available for public inspection. 4 MEIHO OF PPORIIONMENT a MAW 0 jj o oeaa... .r. .-I. I'll, I h! '! I YgEJ.11"" VE V bbUK.LIC)T/1WET.#j L METHOD OF APPORTIONMENT The net amount to be assessed upon lands within the District in accordance with this report is apportioned by a formula and method which fairly distributes the amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each lot or parcel from the improvements, namely the maintenance and servicing of public landscaping improvements within such District. The maintenance and servicing of public landscaping improvements installed and constructed in public places in the City of Diamond Bar provides a special benefit which is received by each and every lot or parcel within the District, tending to enhance their value. The primary benefits of landscaping are as set forth below: Beautification of the streets which are used by all of the residents in Diamond Bar. 2. A sense of community pride resulting from well-maintained green spaces. 3. The enhancement of the value of property which results from the foregoing benefits. Existing land use information indicates that well over 90 percent of the parcels within the City of Diamond Bar are residences. Because the special benefits derived apply equally to all residents and parcels, it has been determined that all assessable parcels would receive the same net assessment. W ASSESSMENT The amount to be assessed upon the lots and parcels within the District and the amount apportioned to each assessable parcel within the District is shown in the table below. Estimated Assessment Requirements: $ 261,525 Estimated Number of Parcels: 17,435 Estimated Assessment Per Parcel: $ 15.00 1997-98 Assessment Per Parcel: $ 15.00 1998-99 Assessment Per Parcel: $ 15.00 Difference: $ 0.00 0 ASSESSMENT ROLL The individual 1998-99 assessments, tabulated by Assessor's parcel number, are shown on an Assessment Roll on file in the Office of the City Clerk of the City of Diamond Bar as Exhibit "C" and are made a part of this report by reference. (The Assessment Roll is not included in this report due to its volume.) Dated: V 41,q 6 '1998 �O yRofEssl meq( GFB-FRIEDRICH & ASSOC., INC. p . FRi f m x NO. 27861 EXP3 3/- N A. FRIE RI rf CIVIL �P OF CALIF 7 a SHEET I OF I SHEET zi- EXHIBIT "A-1" ASSESSMENT DIAGRAM ASSESSMENT DISTRICT N0.38 FISCAL YEAR 1998-99 fOF thS CITY OF DIAMOND BAR I CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO.7 I TO: Honorable Mayor and Members of the City Council MEETING DATE: June 16,1998 REPORT DATE: June 9,1998 FROM: Terrence L. Belanger, City Manager TITLE: Landscaping Assessment District Number 39. SUMMARY: The City Council at the May 18, 1998 meeting approved the Engineer's Report and adopted Resolution No. 98-30 to declare City's intention to levy and collect assessments for District No. 39. The Council also set June 16, 1998 as the public hearing date on the levy of the proposed assessments on assessable lots within this District for Fiscal Year 1998-99. RECOMMENDATION: It is recommended that the City Council adopt the attached Resolution to set the assessment for Fiscal Year 1998-99 for Landscaping Assessment District Number 39. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification Resolution _ Bid Specifications _ Ordinances(s) .X Other. Engineer's Report _ Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? 2. Does the report require a majority or 415 vote? 3. Has environmental impact been assessed? 4. Has the report been reviewed by a Commission? Which Commission? 5. Are other departments affected by the report? Report discussed with the following affected departments: REVIEWED BY: (�Ubj(uw) Terrence L. Belanger City Manager C-1WP601LINDAKAYWGEN-981DISTC9.616 James DeStefano Deputy City Manag _X Yes _ No Majority NIA —Yes —No NIA —Yes —No NIA —Yes —No David G. Liu Deputy Director of Public Works CITY COUNCIL REPORT AGENDA NO. MEETING DATE: June 16, 1998 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Landscaping Assessment District Number 39 ISSUE STATEMENT: The City Council at the May 18, 1998 meeting approved the Engineer's Report and adopted Resolution No. 98-30 to declare City's intention to levy and collect assessments for District No. 39. The Council also set June 16,1998 as the public hearing date on the levy of the proposed assessments on assessable lots within said District for Fiscal Year 1998-99. RECOMMENDATION: It is recommended that the City Council adopt the attached Resolution to set the assessment for Fiscal Year 1998-99 for Landscaping Assessment District Number 39. FINANCIAL SUMMARY: The revenues generated by this District will finance the cost. There will be no impact on the City's General Funds. BACKGROUNDIDISCUSSION: The landscaping improvements to be maintained by District 39 are the mini parks, slopes, and open space areas. This reflects a total maintenance area of 60.65 acres. The maintenance and servicing of public landscaping improvements installed and constructed in public places in the City provides a special benefit which is received by each and every lot or parcel within the District, tending to enhance their value. The estimated number of parcels within the District is 1,269 parcels. The amount assessed upon the lands within District No. 39 for Fiscal Year 1997-98 was $130.00 per parcel. The amount to be assessed for Fiscal Year 1998-99 is to remain at $130.00 per parcel. This proposed assessment has been determined to be exempt from the provisions of Proposition 218 as set forth in Section 5(b): Any assessment imposed pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment is initially imposed. Prepared By: David G. Liu C:1WP601LI NDAKAYICCR-981D IST#39.616 RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR LEVYING AN ASSESSMENT ON CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 39 FOR THE FISCAL YEAR 1998-99. A. RECITALS, , (i) By its Resolution No. 98-30, this Council approved a report of the City Engineer related to City of Diamond Bar Landscaping Assessment District No. 39 prepared pursuant to California Streets and Highways Code Section 22623, described the improvements thereon and gave notice of and fixed the time and place of the hearing on the question of assessment thereon for Fiscal Year 1998-99. A diagram of the area encompassed by said assessment district is attached hereto as Exhibit "A-2." (ii) Said hearing was duly and properly noticed, commenced at the South Coast Air Quality Management Auditorium, 21865 East Copley Drive, Diamond Bar, California on June 16, 1998, and was concluded prior to the adoption of this Resolution. (iii) All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION. NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby find, determine and order as follows: 1. The Recitals, as set forth in Part A of this Resolution, are in all respects true and correct. 2. This Council hereby expressly overrules any and all protests filed objecting to the proposed improvements specified herein or the assessment levied therefor. 1 3. Based upon its review of the report of the City Engineer referred to hereinabove, and other reports and information, the City Council hereby finds that (i) the land within the said District will be benefitted by the improvements specified in said report, (ii) said District includes all of the lands so benefitted, and (iii) the net amount to be assessed upon the lands within said District for the 1998-99 fiscal year, in accordance with said report, is apportioned by a formula and method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements 4. The improvements specified in the report hereinabove referred to which is on file with the City Clerk of the City of Diamond Bar are hereby ordered to be completed. 5. The assessment diagram contained in the report referred to hereinabove and the assessment of $130.00 for each assessable lot located within said District are hereby adopted and confirmed and said assessment hereby is levied for the 1998-99 fiscal year. 6. The assessment is in compliance with the provisions of the Act, and the City Council has complied with all laws pertaining to the levy of an annual assessment pursuant to the Act. The assessment is levied for the purpose of paying the costs and expenses of the improvements described in the report referred to hereinabove for Fiscal Year 1998-99. 7. The City Treasurer shall deposit all moneys representing assessments collected by the County to the credit of a special fund for use in City of Diamond Bar Assessment District No. 39. 2 8. The City Clerk is hereby authorized and directed to file the diagram and assessment with the County Auditor, together with a certified copy of this Resolution upon its adoption. 9. A certified copy of the assessment and diagram shall be filed in the office of the City Clerk and open for public inspection. 10. The City Clerk shall certify to the adoption of this Resolution. ADOPTED AND APPROVED this day of 1998. MAYOR I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at the regular meeting of the City Council of the City of Diamond Bar held on the day of 1998, by the following Roll Call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST• C:\WP60\LINDAKAY\RESO-98\RESOLU98.LEV Lynda Burgess, City Clerk City of Diamond Bar 3 EXHIBIT "A-2" ASSESSMENT DIAGRAM ASSESSMENT DISTRICT N0.39 FISCAL YEAR 1998-99 for the CITY OF DIAMOND BAR vs<r oalrtEw s � ' TI{ fJ1Y s e+O w — 1011 — LOT M ..11C•L „1,,.. — .919MORI PARM KAN O AS AY0100 V M A10t0 AOOIMY OPPM. IOga1001AM LOT M 1A.CTL P U10 A1r •110TwM t111 AWp01r• 1AAC1L.1.1• o+.0 � I LM A111�s COURY A•YfiOR. ! OF THE MY CLEW W THE CT' O1 O—OW 78 ANORMSTATE Of CAL/OPMA. T1.3_ 1S_ CRY CLE[ 01 THE Cm 01 OIAhKm W t q. -S COOMtY AW10K COu1rtT P lOi CA1101MA, TVW to— r CIAO[ of TW CRY M 0-4011D w GF&FRIEDRICH j & ASSOC, iNC. ENGINEER'S REPORT Update of ASSESSMENT DISTRICT NO. 39 Fiscal Year 1998-99 CITY OF DIAMOND BAR Preliminary: May 18, 1998 Confirmed: June 16, 1998 Prepared by: GFB-FRIEDRICH & ASSOC., INC. 6529 Riverside Avenue, Suite 230 Riverside, CA 92506 TABLE OF CONTENTS Rau INTRODUCTION 1 BOUNDARIES OF DISTRICT 2 IMPROVEMENTS 3 Landscaping FINANCIAL ANALYSIS 4 Revenue Appropriations METHOD OF APPORTIONMENT 5 ASSESSMENT 6 ASSESSMENT ROLL 7 EXHIBITS Exhibit "A-2" - Assessment Diagram Exhibit "B-2" - Improvement Map INTRODUCTION Pursuant to the order of the City Council of the City of Diamond Bar, this report is prepared in compliance with the requirements of Article 4, Chapter 1, Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of the State of California. This report presents the engineering analysis for the 1998-99 Fiscal Year for the district known as: ASSESSMENT DISTRICT NO. 39 CITY OF DIAMOND BAR (Hereinafter referred to as "District"). This District, by special benefit assessments, provides funding for the maintenance of landscaped areas owned by the City of Diamond Bar which are located in public rights-of-way within the City of Diamond Bar. Section 22573, Landscaping and Lighting Act of 1972, requires assessments to be levied according to benefit rather than according to assessed value. The section states: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated special benefits to be received by each such lot or parcel from the improvements. The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 (commencing with Section 5000)) [of the Streets and Highways Code, State of California]." As the assessments are levied on the basis of benefit, they are considered a user's fee, not a tax, and, therefore, are not governed by Article XIHA of the California Constitution. Properties owned by public agencies, such as a city, county, state or the federal government, are not assessable by law. BOUNDARIES OF DISTRICT The boundary of the District is shown on the Assessment Diagram (on file in the office of the City Clerk at the City Hall of Diamond Bar as Exhibit "A-2"). All parcels of real property included within the District are described in detail on maps on file in the Los Angeles County Assessor's office. 2 IMPROVEMENTS The facilities and items of servicing and maintenance included within the District are as follows: Landscaping Servicing means the famishing of water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements. Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of any improvement, including: 1. Repair, removal or replacement of all or any part of any landscape improvement. I I I 11�i Wi oc a le, 1cow , 1 auS ub limitation, cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury. 3. The removal of trimmings, rubbish, debris and other solid waste. The purpose of Assessment District No. 39 is for the maintenance and servicing of mini -parks, slopes and open spaces within the District. Exhibit "B-2," attached hereto, shows the location and extent of the landscaping improvements to be maintained by the proceeds from this assessment district. FINANCIAL ANALYSIS The estimated funding for maintenance and servicing of landscaping for the update of Assessment District No. 39 for the 1998-99 Fiscal Year is as follows: Reserve Fund Balance (from FY 1997-98) $ 83,600 Property Tax and Assessments 164,970 Interest Revenue 2-500 TOTAL $ 251,070 Personal Services Salaries $ 6,970 City Paid Benefits 100 Benefits 950 Worker's Compensation Expense 150 Medicare Expense 110 Cafeteria Benefits 1,050 Operating Expenses Advertising 700 Utilities 57,750 Maintenance -Grounds & Bldg. 15,000 Professional Services 6,200 Contract Services 74,400 Capital Improvements 2,000 Reserves 85.690 TOTAL $ 251,070 Plans and specifications showing the general nature, location and extent of the proposed improvements are on file in the office of the City Clerk and available for public inspection. 4 METHOD OF APPORTTONMFWT The net amount to be assessed upon lands within the District in accordance with this report is apportioned by a formula and method which fairly distributes the amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each lot or parcel from the improvements, namely the maintenance and servicing of public landscaping improvements within such District. The maintenance and servicing of public landscaping improvements installed and constructed in public places in the City of Diamond Bar provides a special benefit which is received by each and every lot or parcel within the District, tending to enhance their value. The primary benefits of landscaping are as set forth below: Beautification of the streets which are used by all of the residents in Diamond Bar. 2. Public parks which can be utilized and enjoyed by all residents within the District. 3. A sense of community pride resulting from well-maintained green spaces. 4. The enhancement of the value of property which results from the foregoing benefits. Existing land use information indicates that all of the parcels within the District are residences. Because the special benefits derived apply equally to all residents and parcels, it has been determined that all assessable parcels would receive the same net assessment. k, MENI ASSESSMENT The amount to be assessed upon the lots and parcels within the District and the amount apportioned to each assessable parcel within the District is shown in the table below. Estimated Assessment Requirements: $ 164,970 Estimated Number of Parcels: 1,269 Estimated Assessment Per Parcel: $ 130.00 1997-98 Assessment Per Parcel: $ 130.00 1998-99 Assessment Per Parcel: $ 130.00 Difference: $ 0.00 Al ASSESSMENT ROLL The individual 1998-99 assessments, tabulated by Assessor's parcel number, are shown on an Assessment Roll on file in the Office of the City Clerk of the City of Diamond Bar as Exhibit "C" and are made a part of this report by reference. (The Assessment Roll is not included in this report due to its volume.) Dated: V�M P 8 , 1998 RviESS/1 GFB-FRIEDRICH & ASSOC., INC. FR/,c �y 0C O Z NO. 27861 EXP1-14.9 si CIVILHN A. FRIEDRIC Q qlf Of CAIIF��a\ 7 EXHIBIT "A-2" ASSESSMENT DIAGRAM ASSESSMENT DISTRICT N0.39 FISCAL YEAR 1998-99 for the CITY OF DIAMOND BAR 4" — 01111E/1 s •"*� ' +9[ an s 91EIO919N o a- r1 w aE11 ...�1 1011 401 .o+ a 1AK11 .1n.1 M r9�OR9 411 111919E9 A9 AE901/0 n •1 f Ig66ll®Rf 0111[1. 9991as ra EAon wr w.Ana� a wo.m.. b101w10M M A99EY0119 MKII WN 011 rV � 1 LO9 AM991/ O]IMM1 Al1E9E01+ O1 n1E CRY CLUB O1 M Cr" O1 OIAY0IO c cula d n Olry O1 01—ow 9 I OF. M O9uwn AUOROII COU W las OA{101M1\ nw On1 a _u_ CRY CLARK Or TWE CT' OF 04E9nQ 9.11 GFB-F'RIEDRICH j & AISSOC., INC. EXHIBIT "B-2" ASSESSMENT DISTRICT N0.39 FISCAL YEAR 1995-99 for th• CITY OF DIAMOND BAR n�answww / • r ..• s "r SHEET t OF 1 SHEET ; wu« xn r emm ....o.. • Karts r.. wo n,F an mm W9 GFB�FRIEDRICH kl ASSOC.`INC' CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Honorable Mayor and Members of the City Council MEETING DATE: June 16,1998 REPORT DATE: June 9,1998 FROM: Terrence L. Belanger, City Manager TITLE: Landscaping Assessment District Number 41. SUMMARY: The City Council at the May 18, 1998 meeting approved the Engineer's Report and adopted Resolution No. 98-31 to declare City's intention to levy and collect assessments for District No. 41. The Council also set June 16, 1998 as the public hearing date on the levy of the proposed assessments on assessable lots within this District for Fiscal Year 1998-99. RECOMMENDATION: It is recommended that the City Council adopt the attached Resolution to set the assessment for Fiscal Year 1998-99 for Landscaping Assessment District Number 41. LIST OF ATTACHMENTS: Staff Report _ Public Hearing Notification Resolution — Bid Specifications — Ordinances(s) Other: Engineer's Report — 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 415 vote? Majority 3. Has environmental impact been assessed? N/A —Yes —No 4. Has the report been reviewed by a Commission? N/A —Yes —No Which Commission? 5. Are other departments affected by the report? N/A —Yes —No Report discussed with the following affected departments: REVIEWED BY: 1,( I � ( I �.Jl� Terrenc L. Belanger City Manager C:1WP601LINDAKAYIAGEN-981D IST#41.616 1 � !^ aj J es DeStefano Deputy City Manager David G. Liu Deputy Director of Public Works CITY COUNCIL REPORT AGENDA N0. MEETING DATE: June 16,1998 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Landscaping Assessment District Number 41 ISSUE STATEMENT: The City Council at the May 18, 1998 meeting approved the Engineer's Report and adopted Resolution No. 98-31 to declare City's intention to levy and collect assessments for District No. 41. The Council also set June 16,1998 as the public hearing date on the levy of the proposed assessments on assessable lots within said District for Fiscal Year 1998-99. RECOMMENDATION: It is recommended that the City Council adopt the attached Resolution to set the assessment for Fiscal Year 1998-99 for Landscaping Assessment District Number 41. FINANCIAL SUMMARY: The revenues generated by this District will finance the cost There will be no impact on the City's General Funds. BACKGROUNDIDISCUSSION: The landscaping improvements to be maintained by Disbict 41 are the slopes, and open space areas. This reflects a total maintenance area of 15.5 acres. The maintenance and servicing of public landscaping improvements installed and constructed in public places in the City provides a special benefit which is received by each and every lot or parcel within the District, tending to enhance their value. The estimated number of parcels within the District is 554 parcels. The amount assessed upon the lands within District No. 41 for Fiscal Year 1997-98 was $220.50 per parcel. The amount to be assessed for Fiscal Year 1998-99 is to remain at $220.50 per parcel. This proposed assessment has been determined to be exempt from the provisions of Proposition 218 as set forth in Section 5(b): Any assessment imposed pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment is initially imposed. Prepared By: David G. Liu CAWPOLINDAKAMCR-980IST#41.616 ENGINEER'S REPORT Update of ASSESSMENT DISTRICT NO. 41 Fiscal Year 1998-99 CITY OF DIAMOND BAR Preliminary: May 18, 1998 Confirmed: June 16, 1998 Prepared by: GFB-FRIEDRICH & ASSOC., INC. 6529 Riverside Avenue, Suite 230 Riverside, CA 92506 TABLE OF CONTENTS INTRODUCTION BOUNDARIES OF DISTRICT 2 IMPROVEMENTS 3 Landscaping FINANCIAL ANALYSIS q Revenue Appropriations METHOD OF APPORTIONMENT 5 ASSESSMENT 6 ASSESSMENT ROLL 7 EXHIBITS Exhibit "A-3" - Assessment Diagram Exhibit "B-3" - Improvement Map INTRODUCTION Pursuant to the order of the City Council of the City of Diamond Bar, this report is prepared in compliance with the requirements of Article 4, Chapter 1, Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of the State of California. This report presents the engineering analysis for the 1998-99 Fiscal Year for the district known as: ASSESSMENT DISTRICT NO. 41 CITY OF DIAMOND BAR (Hereinafter referred to as "District"). This District, by special benefit assessments, provides funding for the maintenance of landscaped areas owned by the City of Diamond Bar which are located in public rights-of-way within the City of Diamond Bar. Section 22573, Landscaping and Lighting Act of 1972, requires assessments to be levied according to benefit rather than according to assessed value. The section states: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated special benefits to be received by each such lot or parcel from the improvements. The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 (commencing with Section 5000)) [of the Streets and Highways Code, State of California] . " As the assessments are levied on the basis of benefit, they are considered a user's fee, not a tax, and, therefore, are not governed by Article XIIIA of the California Constitution. Properties owned by public agencies, such as a city, county, state or the federal government, are not assessable by law. BOUNDARIES OF DISTRICT The boundary of the District is shown on the Assessment Diagram (on file in the office of the City Clerk at the City Hall of Diamond Bar as Exhibit "A -Y). All parcels of real property included within the District are described in detail on maps on file in the Los Angeles County Assessor's office. 2 IMPROVEMENTS The facilities and items of servicing and maintenance included within the District are as follows: Servicing means the furnishing of water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements. Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of any improvement, including: 1. Repair, removal or replacement of all or any part of any landscape improvement. 2. Providing for the life, growth, health and beauty of landscaping, including without limitation, cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury. 3. The removal of trimmings, rubbish, debris and other solid waste. The purpose of Assessment District No. 41 is for the maintenance and servicing of mini -parks, slopes and open spaces within the District. Exhibit "13-3, " attached hereto, shows the location and extent of the landscaping improvements to be maintained by the proceeds from this assessment district. 3 FINANCIAL ANALYSIS The estimated funding for maintenance and servicing of landscaping for the update of Assessment District No. 41 for the 1998-99 Fiscal Year is as follows: 4 • . a Appropriation Fund Balance (from FY 1997-98) $ 233,637 Property Tax and Assessments 122,157 Interest Revenue 10.000 TOTAL $ 365,794 Personal Services Salaries $ 6,970 City Paid Benefits 100 Benefits 950 Worker's Compensation Expense 150 Medicare Expense 110 Cafeteria Benefits 1,050 Operating Expenses Advertising 700 Utilities 63,000 Maintenance -Grounds & Bldg 10,000 Professional Services 7,340 Contract Services Contract Services 36,100 Weed/Pest Abatement 15,000 Capital Improvements 2,000 Reserves 222.324 TOTAL $ 365,794 Plans and specifications showing the general nature, location and extent of the proposed improvements are on file in the office of the City Clerk and available for public inspection. 4 METHOD OF APPORTIONMENT The net amount to be assessed upon lands within the District in accordance with this report is apportioned by a formula and method which fairly distributes the amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each lot or parcel from the improvements, namely the maintenance and servicing of public landscaping improvements within such District. The maintenance and servicing of public landscaping improvements installed and constructed in public places in the City of Diamond Bar provides a special benefit which is received by each and every lot or parcel within the District, tending to enhance their value. The primary benefits of landscaping are as set forth below: 1. Beautification of the streets which are used by all of the residents in Diamond Bar. 2. Public parks which can be utilized and enjoyed by all residents within the District. A sense of community pride resulting from well-maintained green spaces. 4. The enhancement of the value of property which results from the foregoing benefits. Existing land use information indicates that all of the parcels within the District are residences. Because the special benefits derived apply equally to all residents and parcels, it has been determined that all assessable parcels would receive the same net assessment. 5 ASSESSMENT The amount to be assessed upon the lots and parcels within the District and the amount apportioned to each assessable parcel within the District is shown in the table below. Estimated Assessment Requirements: $122,157 Estimated Number of Parcels: 554 Estimated Assessment Per Parcel: $ 220.50 1997-98 Assessment Per Parcel: $ 220.50 1998-99 Assessment Per Parcel: $ 220.50 Difference: M ASSESSMENT ROLL The individual 1998-99 assessments, tabulated by Assessor's parcel number, are shown on an Assessment Roll on file in the Office of the City Clerk of the City of Diamond Bar as Exhibit "C" and are made a part of this report by reference. (The Assessment Roll is not included in this report due to its volume.) Ori P FR/FO�Z C� NO. 27861 EXP ' �J�l CIVIL a�Q �Of CAI IES% GFB-FRIEDRICH & ASSOC., INC. 7 EXHIBIT "A-3" ASSESSMENT DIAGRAM ASSESSMENT DISTRICT N0.41 FISCAL YEAR 1998-99 for the CITY OF DIAMOND BAR M A.p.iYNI 1AI.NlI Ia EA01 1oE a1 IAR 1w11iM M O1AIiC1 . M AJli.p111 IAN'n wArs1 Y Ayp.Y9 i. M cowry a w..wnn.wera+s awa. M L.IO Aw OHr4pM.O.4O. tOr M A.Ac6 a u.0 wryly MOR" A111.1106 AaMA A$5Auld A1u.o.tiw M awn a M �a.wwa caws .i.EYO1L L, MW N 111E ORR4 Of M CRT Dill[ Of M CT a owi-- .A11. rn1AEn a EO. AAE3W3, 19 a CAIMM� ni. w. a n_. C" a *A ... RIO w M awn OF M COW R AYOROw Ca a .! AwEEt.. sE.n CO C—POW.A 11i. Y• v u_ cry OAK OF THE cm OF 0—ow w 1if W 01.TET S M�.a1�o� GFSFRIEDRICH . EXHIBIT "B-3" ASSESSMENT DISTRICT NO. 41 FISCAL YEAR 1998-99 forth• CITY OF DIAMOND BAR �—c.nn+s �r onss..er s r r r s LEGEND -r— wEna Off 06. NCI 80U DMT Om MUSK uommu llOK7 wm yeas nw Won V. GF&FRIEDRICH ! 4 ASSOC.. INC. RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR LEVYING AN ASSESSMENT ON CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 41 FOR THE FISCAL YEAR 1998-99. A. RECITALS. (i) By its Resolution No. 98-31, this Council approved a report of the City Engineer related to City of Diamond Bar Landscaping Assessment District No. 41 prepared pursuant to California Streets and Highways Code Section 22623, described the improvements thereon and gave notice of and fixed the time and place of the hearing on the question of assessment thereon for fiscal year 1998-99. A diagram of the area encompassed by said assessment district is attached hereto as Exhibit "A-3." (ii) Said hearing was duly and properly noticed, commenced at the South Coast Air Quality Management Auditorium, 21865 East Copley Drive, Diamond Bar, California on June 16, 1998, and was concluded prior to the adoption of this Resolution. (iii) All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION. NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby find, determine and order as follows: 1. The Recitals, as set forth in Part A of this Resolution, are in all respects true and correct. 2. This Council hereby expressly overrules any and all protests filed objecting to the proposed improvements specified herein or the assessment levied therefor. 1 3. Based upon its review of the report of the City Engineer referred to hereinabove, and other reports and information, the City Council hereby finds that (i) the land within the said District will be benefitted by the improvements specified in said report, (ii) said District includes all of the lands so benefitted, and (iii) the net amount to be assessed upon the lands within said District for the 1998-99 fiscal year, in accordance with said report, is apportioned by a formula and method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements 4. The improvements specified in the report hereinabove referred to which is on file with the City Clerk of the City of Diamond Bar are hereby ordered to be completed. 5. The assessment diagram contained in the report referred to hereinabove and the assessment of $220.50 for each assessable lot located within said District are hereby adopted and confirmed and said assessment hereby is levied for the 1998-99 fiscal year. 6. The assessment is in compliance with the provisions of the Act, and the City Council has complied with all laws pertaining to the levy of an annual assessment pursuant to the Act. The assessment is levied for the purpose of paying the costs and expenses of the improvements described in the report referred to hereinabove for fiscal year 1998-99. 7. The City Treasurer shall deposit all moneys representing assessments collected by the County to the credit of a special fund for use in City of Diamond Bar Assessment District No. 41. 8. The City Clerk is hereby authorized and directed to file the diagram and assessment with the County Auditor, together with a certified copy of this Resolution upon its adoption. 9. A certified copy of the assessment and diagram shall be filed in the office of the City Clerk and open for public inspection. 10. The City Clerk shall certify to the adoption of this Resolution. ADOPTED AND APPROVED this day of 1998. MAYOR I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at the regular meeting of the City Council of the City of Diamond Bar held on the day of 1998, by the following Roll Call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: C:\WP60\LINDAKAY\RESO-98\RESOLU98.LEV Lynda Burgess, City Clerk City of Diamond Bar 9 EXHIBIT "A-3" ASSESSMENT DIAGRAM ASSESSMENT DISTRICT N0.41 FISCAL YEAR 1998-99 for the CITY OF DIAMOND BAR J suw r . ssv 01sT�T � •dt tr+sr u�.�swaeo�n n"i COwTY OF tOE FM04Ef ASMiM10FFlCE. M INS uq p..-gOq Pon "CM lOT m F� d u�p vmwM M ORTq[T NR EMOtFMON M �MSEOIYE FM(,Y Et�IE OM RS w M OFFUT OI M tOE � C'OUITIT itEEM011. INE W CLIEl1[T O M OTY O OFNO YR s sw Em sss SHEET t OF 1 SHEE1 L, MSD M TME OFF= OF THE CRY CLEM OF M R P OF00 "k CMof" AWWL STATF OF C� .w♦ OITOF E CRY cu- Or M CTTV W OUYO� W F%m M M OPPK3 OF TME OON Auwc t cd o• .? AWMJ . STm OF CAPOM+, rW y. v 1E_ CRT ClSOE OF rME Cm OF DUMCM W GF&FRIEDRICH . & ASSOC.. INC. GIT7 OP DIAMUNU BAR AGENDA REPORT AGENDA N0. 7. Z 010 TO: Terrence L. Belanger, City Manager MEETING DATE: May 19, 1998 REPORT DATE: May 7, 1998 FROM: Joann M. Gitmed, Senior Accountant TITLE: Resolution 89-88A, A Resolution of the City of Diamond Bar, California, to Approve an Amendment to Contract Between the Board of Administration of the Public Employees' Retirement System and the City Council of the City of Diamond Bar and Ordinance 26A (1989), An Ordinance of the City of Diamond Bar Authorizing an Amendment to the Contract Between the City Council of the City of Diamond Bar and the Board of Administration of the California Public Employees' Retirement System. SUMMARY: In September 1989, the City of Diamond Bar contracted with the California Public Employees' Retirement System (CaIPERS) for retirement benefits for its employees. The city's current contract is a 2% @ 60 Full formula for local miscellaneous members. There are several other provisions which are available to contracting entities. It is requested that the City Council consider adding two of these provisions at this time. They are: 1) Section 21354 - 2% @ 55 Full Formula for local miscellaneous members and 2) Section 21574 - Fourth Level of 1959 Survivor Benefits for local miscellaneous members. The cost for each benefit amendment is as follows: 1) 2% @ 55 Full Formula - an increase in the city's contribution of 2.349% resulting in an amended employer contribution rate of 8.995% (current rate is 6.646%, estimated annual cost -$35,000; 2) Fourth Level Survivor Benefits - a cost to the city of $3.50 per month per eligible employee and a cost to the employee of $2.00 per month, estimated annual cost for city's contribution - $1,500. It is being proposed that the employees' contribution be recovered from the individuals monthly cafeteria account. RECOMMENDATION: Approve Resolution 89-88A, A Resolution of the City of Diamond Bar, California, to Approve an Amendment to Contract Between the Board of Administration of the Public Employees' Retirement System and the City Council of The City of Diamond Bar and Ordinance 26A (1989), An Ordinance of the City of Diamond Bar Authorizing an Amendment to the Contract Between the City Council of the City of Diamond Bar and the Board of Administration of the California Public Employees' Retirement System LIST OF ATTACHMENTS: _ Staff Report XX Resolution(s) XX Ordinances(s) XX Agreement(s) _ Public Hearing Notification _ Bid Specification (on file in City Clerk's Office) _ Other 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? XX No 4. Has the report been reviewed by a Commission? —Yes —Yes XX No Which Commission? 5. Are other departments affected by the report? —Yes XX No Report discussed with the following affected departments: RNJIE EDY: Terr nce L. Bela gr City Manager Linda G. Magnus n Assistant Finance Director CITY COUNCIL REPORT AGENDA NO. MEETING DATE: May 19, 1998 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Resolution 89-88A, A Resolution of the City of Diamond Bar, California, to Approve an Amendment to Contract Between the Board of Administration of the Public Employees' Retirement System and the City Council of The City of Diamond Bar and Ordinance 26A (1989), An Ordinance of the City of Diamond Bar Authorizing an Amendment to the Contract Between the City Council of the City of Diamond Bar and the Board of Administration of the California Public Employees' Retirement System. ISSUE STATEMENT: Should the City of Diamond Bar amend it contract with the California Public Employees' Retirement System (CaIPERS) to include the following optional membership benefits; Section 21354 - 2% @ 55 Full Formula for Local Miscellaneous Member Section 21574 - Fourth Level 1959 Survivor Benefits for Local Miscellaneous Members RECOMMENDATION: Approve Resolution 89-88A, A Resolution of the City of Diamond Bar, California, to Approve an Amendment to Contract Between the Board of Administration of the Public Employees' Retirement System and the City Council of The City of Diamond Bar and Ordinance 26A (1989), An Ordinance of the City of Diamond Bar Authorizing an Amendment to the Contract Between the City Council of the City of Diamond Bar and the Board of Administration of the California Public Employees' Retirement System. DISCUSSION: In September 1989, the City of Diamond Bar contracted with the California Public Employees' Retirement System (CaIPERS) for retirement benefits for its employees. The city's current contract is a 2% @ 60 Full formula for local miscellaneous members. There are several other contract provisions which are available to contracting entities. It is requested that the City Council consider adding two of these provisions at this time. They are: 1) Section 21354 - 2% @ 55 Full formula for local miscellaneous members and 2) Section 21574 - Fourth Level of 1959 Survivor Benefits for local miscellaneous members. Section 21354 (2% @ 55) provides to local miscellaneous member 2% of pay at age 55 for each year of service credited with an employer. For members who retire earlier, the percentage of pay is reduced to 1.426% at age 50 which gradually increases for each attained age to the maximum of 2.418% at age 63+. Members age 63 or older will receive the same allowance as under the 2% @ 60 formula. PERS Contract Amendment Page Two Section 21574 (Fourth Level of 1959 Survivor Benefits) provides a higher level of 1959 Survivor Benefits to survivors of a member who dies prior to retirement. The benefit is paid in addition to the Basic Death Benefit (a lump sum payment of a refund of the employees contributions and up to six months pay) or the 1957 Survivor Benefit (a monthly allowance equal to 1/2 of what the employee's highest service retirement allowance would have been had he/she retired on the date of his/her death had the employee been eligible to retire on the date of his/her death). The 1959 Survivor Benefits are paid monthly to certain survivors of a member who dies before retirement. The covered member's survivors receive the following monthly allowances regardless of whether the member was eligible to retire at the time of death. The benefit amounts are: One dependent child; or surviving spouse at age 60 or older; or dependent parents - $950.00/month, Surviving spouse with one dependent child; or two dependent children alone - $1,900.00/mo, Surviving spouse with two or more dependent children; or three or more dependent children - $2,280.00/month. The City of Diamond Bar's current Pre -Retirement Death Benefits consist of: Not Eligible to Retire: Basic Death Benefit Eligible to Retire: Basic Death Benefit or 1957 Survivor Benefit The City of Diamond Bar's Retirement Benefits with Fourth Level of 1959 Survivor Benefits: Not Eligible to Retire Basic Death Benefit and 1959 Survivor Benefit Eligible to Retire Basic Death Benefit or 1957 Survivor Benefits and 1959 Survivor Benefits The cost for each benefit amendment is as follows: 1) 2% @ 55 Full Formula - An increase in the city's contribution of 2.349% resulting in an amended employer contribution rate of 8.995% (current rate is 6.646%, estimated annual cost - $35,000; 2) Fourth Level Survivor Benefits - a cost to the city of $3.50 per month per eligible employee (billed annually) and a cost to the employee of $2.00 per month, estimated annual cost for city's contribution - $1,500. It is being proposed that the employees' contribution be recovered from the individuals monthly cafeteria account. FINANCIAL SUMMARY: Revenue- N/A Expenditure - 2% @ 55 Formula - estimated to be $35, 000 annually Fourth Level 1959 Survivor Benefits - $1,500 annually (employer portion of $3.50 per month per eligible employee). It is proposed that the employees cost of $2.00 per month be recovered from individual's monthly cafeteria benefits PREPARED BY: Jo n M. Gitmed, enior Accountant RESOLUTION 89-88A A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, AMENDING RESOLUTION 89-88, APPROVING AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF DIAMOND BAR WHEREAS, the Public Employees' Retirement Law permits the participation of public agencies and their employees in the Public Employees' Retirement System by the execution of a contract, and sets forth the procedure by which said public agencies may elect to subject themselves and their employees to amendments to said Law; and WHEREAS, one of the steps in the procedures to amend this contract is the adoption by the governing body of the public agency of a resolution giving notice of its intention to approve an amendment to said contract, which resolution shall contain a summary of the changes proposed in said contract; and WHEREAS, the following is a statement of the proposed changes: To provide 2% @ 55 Full formula and Section 21574 (Fourth Level of 1959 Survivor Benefits) for local miscellaneous members. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the City of Diamond Bar does hereby give notice of intention to approve an amendment to the contract between the City of Diamond Bar and the Board of Administration of the Public Employees' Retirement System, a copy of said amendment being attached hereto, as an "Exhibit" and by this reference made a part hereof. SECTION 2. That the Mayor of the City of Diamond Bar shall sign and the City Clerk shall certify to the passage and adoption of this Resolution No. 98 - PASSED, APPROVED AND ADOPTED 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, and 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: ABSENT: ABSTAINED: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: ATTEST: City Clerk of the City of Diamond Bar EXHIBIT AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF DIAMOND BAR The Board of Administration, Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of above public agency, hereinafter referred to as Public Agency, having entered into a contract effective November 18, 1989, and witnessed October 17, 1989 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 9 are hereby stricken from said contract as executed effective November 18, 1989, and hereby replaced by the following paragraphs numbered 1 through 10 inclusive: All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 55 for local miscellaneous members. 2. Public Agency shall participate in the Public Employees' Retirement System from and after November 18, 1989 making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency. 3. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement: a. Employees other than local safety members (herein referred to as local miscellaneous members). 4. In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System: a. SAFETY EMPLOYEES. �LEASL DO NOT SIGN "EXHIBIT ONLY" 5. The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member shall be determined in accordance with Section 21354 of said Retirement Law (2% at age 55 Full). 6. Public Agency elected and elects to be subject to the following optional provisions: a. Section 20356 (Extension of Reciprocity Rights for Elective Officers). b. Section 20938 (Limit Prior Service to Members Employed on Contract Date). C. Section 21024 (Military Service Credit as Public Service), Statutes of 1976. d. Section 21574 (Fourth Level of 1959 Survivor Benefits). 7. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members of said Retirement System. 8. Public Agency shall also contribute to said Retirement System as follows: a. Per covered member, $3.50 per month on account of the liability for the 1959 Survivor Benefits provided under Section 21574 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local miscellaneous members. b. A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law. C. A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. 9. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law. 10. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board. B. This amendment shall be effective on the day of 19 BOARD OF ADMINISTRATION CITY COUNCIL PUBLIC EMPLOYEES' RETIREMENT Sy#, OF THE �Q CITY OF DIAMOND BARD BY A- BY KENNETH W. MARZION, CHI PRESIDING OFFIC ACTUARIAL & EMPLOYER VICES DIVISION PUBLIC EMPLOYEES' RE*MENT SYSTEM �Q) \� . C<e Witness Dam ta �. ~Jr Attest:,' Clerk AMENDMENT PERS-CON-702A (Rev. 8\96) EXHIBIT AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF DIAMOND BAR The Board of Administration, Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of above public agency, hereinafter referred to as Public Agency, having entered into a contract effective November 18, 1989, and witnessed October 17, 1989 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 9 are hereby stricken from said contract as executed effective November 18, 1989, and hereby replaced by the following paragraphs numbered 1 through 10 inclusive: 1. All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 55 for local miscellaneous members. 2. Public Agency shall participate in the Public Employees' Retirement System from and after November 18, 1989 making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency. 3. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement: a. Employees other than local safety members (herein referred to as local miscellaneous members). 4. In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System: a. SAFETY EMPLOYEES. Lr- EASEDG NOT SIGN "EXHIBIT ONLY" 5. The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member shall be determined in accordance with Section 21354 of said Retirement Law (2% at age 55 Full). 6. Public Agency elected and elects to be subject to the following optional provisions: a. Section 20356 (Extension of Reciprocity Rights for Elective Officers). b. Section 20938 (Limit Prior Service to Members Employed on Contract Date). C. Section 21024 (Military Service Credit as Public Service), Statutes of 1976. d. Section 21574 (Fourth Level of 1959 Survivor Benefits). 7. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members of said Retirement System. 8. Public Agency shall also contribute to said Retirement System as follows: a. Per covered member, $3.50 per month on account of the liability for the 1959 Survivor Benefits provided under Section 21574 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local miscellaneous members. b. A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law. C. A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. 9. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law. 10. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board. B. This amendment shall be effective on the day of , 19 BOARD OF ADMINISTRATION 't CITY COUNCIL PUBLIC EMPLOYEES' RETIREMENT SYM OF THE Q CITY OF DIAMOND BAR BY a�� BY _ KENNETH W. MARZION, CHI PRESIDING OFFIC ACTUARIAL & EMPLOYER VICES DIVISION PUBLIC EMPLOYEES' RE&MENT SYSTEM Witness Data, :A Attest:. a C. Y Clerk AMENDMENT PERS-CON-702A (Rev. 8\96) ORDINANCE NO. 26A (1989) AN ORDINANCE OF THE CITY OF DIAMOND BAR AMENDING ORDINANCE 26 (1989), AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ORDAINS AS FOLLOWS: SECTION 1. That an amendment to the contract between the City Council of the City of Diamond Bar and the Board of Administration, California Public Employees' Retirement System is hereby authorized, a copy of said amendment being attached hereto, marked "Exhibit", and by such reference made a part hereof as though herein set out in full. SECTION 2. The Mayor of the City Council of the City of Diamond Bar is hereby authorized, empowered, and directed to execute said amendment for and on behalf of said Agency. SECTION 3. This Ordinance shall take effect 30 days after the date of its adoption, and prior to the expiration of 7 days from the passage thereof shall be posted in at least three public places within the City of Diamond Bar and thenceforth and thereafter the same shall be in full force and effect. PASSED, APPROVED AND ADOPTED this day of , 1998. Mayor I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, certify that the foregoing ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the day of , 1998, and was finally 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: City Clerk CITY OF DIAMOND BAR AGENDA REPORT ABENdA N8. _• TO: Terrence L. Belanger, City Manager MEETING DATE: June 16, 1998 REPORT DATE: June 8, 1998 FROM: Linda G. Magnuson, Assistant Finance Director TITLE: Appropriations Limit - Fiscal Year 1998-1999 SUMMARY: Submitted for the Council's review and approval is the Appropriations Limit recommendation for Fiscal Year 1998-1999. In addition, the Council is being asked to approve the adjustment factors used in the calculation of the Appropriations Limit. RECOMMENDATION: Approve the use of the County of Los Angeles population percentage change for use in calculating the Fiscal Year 1998-1999 Appropriations Limit. Approve the use of the California Per Capita Income percentage change in calculating Fiscal Year 1998-1999 Appropriations Limit. Approve Resolution 98 -XX, which establishes the Fiscal Year 1998-1999 Appropriations Limit at $16,482,389. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification X Resolution(s) _ Bid Specification Ordinances(s) _ Other Agreement(s) SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? 2. Does the report require a majority or 4/5 vote? 3. Has environmental impact been assessed? N/A 4. Has the report been reviewed by a Commission? N/A Which Commission? 5. Are other departments affected by the report? Report discussed with the following affected departments: REVIEWE BY: _h*zy� Terrence L. Belang LindarG. Magn son City Manager Assistant Finance Director _ Yes _ No Majority Yes _ No Yes _ No Yes _ No CITY COUNCIL REPORT AGENDA NO. MEETING DATE: June 16, 1998 TO: Honorable Mayor and Members of the City Council FROM: City Manager SUBJECT: Proposed FY98-99 Appropriations Limit, and approval of limit adjustment factors. ISSUE STATEMENT: Government Code Section 7910 requires the City Council to formally adopt by resolution the Appropriations Limit for Fiscal Year 1998-99. In addition, Proposition 111 requires a recorded vote of the City Council regarding the annual adjustment factors being used in the calculation of the Appropriations Limit. RECOMMENDATION: Approve the use of the County of Los Angeles population percentage change for the use in calculating the FY98-99 Appropriations Limit. Approve the use of the California per Capita income change in calculating the FY98-99 Appropriations Limit. Approve Resolution 98- , which establishes the FY98-99 Appropriations Limit at $16,482,389. DISCUSSION: As required by Government Code Section 7910, the City Council is being asked to formally adopt by resolution the Appropriations Limit for Fiscal Year 1998-99. In addition, Proposition 111 requires a recorded vote of the City Council regarding the annual adjustment factors which are being applied for Fiscal Year 1998-99. The factors recommended are the percentage change in California per Capita income, and the percentage change in population growth for the County of Los Angeles. The price factor which may be used by the City could either be the percentage change in the California per capita personal income, or the percentage change in the local assessment roll due to the addition of local non-residential new construction. This fiscal year the California per capita personal income showed an increase of 4.15%. The net change in non-residential new construction valuation was a negative amount. The information regarding percentage change in non-residential new construction is provided by Los Angeles County. Page 2 - Appropriations Limit FY98-99 Report It is being recommended that Council adopt the percentage change California Per Capita Income for use in the adjustment of the Gann (Appropriations) Limit for fiscal year 1998-1999. Section 7901 of the Government Code allows entities to use either the population increase within the City or the increase within the County. This year, the City's population increase was 1.28% as opposed to the County wide increase of 1.39% in population. Therefore, it is recommended that the population increase within the County of Los Angeles be used. PREPARED BY: RESOLUTION NO. 98 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, SETTING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 1998-1999 FOR THE CITY OF DIAMOND BAR IN ACCORDANCE WITH THE PROVISIONS OF DIVISION 9 OF TITLE 1 OF THE GOVERNMENT CODE WHEREAS, Article XIII B of the Constitution of the State of California as proposed by the Initiative Measure approved by the people at the special statewide election held on November 6, 1979, provides that the total annual appropriations limit of such entity for the prior year be adjusted for changes in the non-residential assessed valuation and population except as otherwise specifically provided for in said Article; and WHEREAS, Section 7910 of the Government Code provides that each year the governing body of each local jurisdiction shall, by resolution, establish its appropriations limit for the following fiscal year pursuant to Article XIII B at a regularly scheduled meeting or a noticed special meeting. Prior to such meeting, documentation used in the determination of the appropriation limit shall be available to the public; and WHEREAS, Proposition 111 as approved by the voters of the State of California, requires a recorded voice vote of the City Council regarding which of the annual adjustment factors have been selected each year; and WHEREAS, Section 7902 (a) and 7902.6 of the Government Code sets forth the method for determining the appropriations limit for each local jurisdiction for the fiscal year; and WHEREAS, the City Council of the City of Diamond Bar wishes to establish the appropriation limit for fiscal year 1998-99 for the City of Diamond Bar. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond Bar, California, as follows: Section 1. That it is hereby found and determined that the documentation used in the determination of the appropriations limit for the City of Diamond Bar for fiscal year 1998-99 was available to the public in City offices of said City at least fifteen days prior to this date. Section 2. That the County of Los Angeles LAFCO, established the appropriations limit for the newly incorporated City. Section 3. That the percentage increase in California Per Capita Income and the percentage change in the population of the County of Los Angeles were selected as factors. Section 4. That the Appropriations Limit for the City of Diamond Bar as established in accordance with Section 7902(a) and Section 7902.6 of the California Government Code is $16,482,389. Section 5. That the Mayor of the City of Diamond Bar shall sign and the City Clerk shall certify to the passage and adoption of this Resolution No. 98 - PASSED, APPROVED AND ADOPTED this day of '1998. Mayor I, LYNDA BURGESS, City Clerk of the City of Diamond Ba, do th"L th o foregoing Resolution was passed, and approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on the day of , 1998, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: City Clerk of the City of Diamond Bar CITY OF DIAMOND BAR APPROPRIATIONS LIMIT WORK SHEET 1998-1999 California Per Capita Income % Change Over Prior Year Population Change % Change Over Prior Year (County) CpCPI Change Converted to a Ratio Population Change Converted to a Ratio Calculation of Growth Factor 1997-98 Appropriations Limit 1998-99 Appropriations Limit 4.15% 1.39% 1.0415 1.0139 1.055977 $15,608,665 $16,482,389 Note: The Appropriations limit is based upon a base year amount of $8,000,000 which was the amount prescribed by the LA County LAFCO. This amount is still under dispute. CITY OF DIAMOND BAR APPROPRIATIONS LIMIT WORK SHEET 1998-1999 California Per Capita Income % Change Over Prior Year Population Change % Change Over Prior Year (City) CpCPi Change Converted to a Ratio Population Change Converted to a Ratio Calculation of Growth Factor 1997-98 Appropriations Limit 1998-99 Appropriations Limit 4.15% 1.28% 1.0415 1.0128 1.054831 $15,608,665 $16,464,507 Note: The Appropriations limit is based upon a base year amount of $8,000,000 which was the amount prescribed by the LA County LAFCO. This amount is still under dispute. CITY OF DIAMOND SAR AGENDA lt6NUK'1' x��ivL� ivo. i TO: Honorable Mayor and City Council MEETING DATE: June 16, 1998REPORT DATE: June 8, 1998 FROM: Linda G. Magnuson -,/"Assistant Finance Director TITLE: F.Y. 98-99 Investment Policy 6"917 1-1C7`i; Submitted for the City Council's review and approval is the Proposed Investment Policy for Fiscal Year 1998-99, and it's accompanying resolution. RECOMMENDATION: Approve Resolution 98 - Policy. LIST OF ATTACHMENTS: XX Staff Report XX Resolution(s) _ Ordinances(s) Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: which adopts the FY98-99 Investment _ Public Hearing Notification _ Bid Spec (on file in City Clerk's Office) XX Other Investment Policy 1. Has the resolution, ordinance or agreement been reviewed X Yes_ No by the City Attorney? 2. Does the report require a majority or 4/5 vote? X Yes No 3. Has environmental impact been assessed? _ Yes_)i 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: <114 All Terrence L. Befne�r City Manager 11 L . M g uson Asst. Finance Director MEETING DATE: TO: FROM: SUBJECT: CITY COUNCIL REPORT AGENDA NO. June 16, 1998 Honorable Mayor and Members of the City Council City Manager F.Y. 1998-99 Investment Policy ISSUE STATEMENT: Annual review and approval of the 1998-99 Investment Policy. RECOMMENDATION: Approve Resolution 98- which adopts the FY 98-99 Investment Policy. BACKGROUND: Submitted for Council's review and approval is the F.Y. 98-99 Investment Policy and its accompanying resolution. The proposed investment policy states the goals of the City's investment activities, the types of investments in which the City will invest funds, and the monthly reporting requirements. This fiscal year, the City Council is being asked to re -adopt the FY 97-98 investment policy. This policy has been designed to protect the City funds from the type of activities which have caused problems for the agencies which were investing in the Orange County Investment Fund. It should be noted that the City has funds invested in the State Treasurer's Local Agency Investment Fund. The investment goals and practices of LAIF are in concurrence with the City's investment goals and objectives. Attached as Exhibit B is a description of the LAIF program. The proposed investment policy was drafted in accordance with the Government Finance Officers Association (GFOA) investment policy outline and model. The broker/dealer questionnaire was adapted from a questionnaire which was provided by the City's auditing firm of Conrad and Associates. Additionally, the proposed investment policy has been reviewed by the City's auditors. PREPARED BY: Linda G Magnuson RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ADOPTING THE STATEMENT OF INVESTMENT POLICY WHEREAS, it is the City's policy to annually adopt the City investment policy, and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond Bar that the attached Statement of Investment Policy (Exhibit A) be adopted as presented herein. PASSED, ADOPTED and APPROVED by the City of Council of the City of Diamond Bar, California, this 16th day of June, 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 Council 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: City Clerk EXHIBIT A CITY OF DIAMOND BAR INVESTMENT POLICY - FY 1998-99 This Statement is intended to provide guidelines for the prudent investment of the City's temporarily idle cash and to outline the policies for maximizing the efficiency of the City's cash management system. The ultimate goal is to enhance the economic status of the City while protecting it's accumulated cash. It is the policy of the City Council to review, update and adopt the City's Investment Policy on an annual basis. INVESTMENT OBJECTIVE The investment of funds of the City of Diamond Bar is directed to the goals of safety, liquidity and yield. The authority governing investments for municipal governments is set forth in the Government Code, Sections 53601, et. seq. 1. Safety. Safety of principal is the foremost objective of the investment program. Investments shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. The objective will be to mitigate credit risk and interest rate risk. The City will operate only in those investments that are considered very safe. A. Credit Risk is the risk of loss due to the failure of the security issuer or backer. Credit risk will be mitigated by: Limiting investments to the safest types of securities; Pre -qualifying the broker-dealers with which the City will do business. This will be done via a competitive bid and the response on a questionnaire (Appendix B) submitted by the prospective institution. In addition broker-dealers should be primary, registered investment securities dealers; Diversifying the investment portfolio in order that potential losses on individual securities do not exceed the income generated from the remainder of the portfolio. B. Interest Rate Risk is the risk that the market value of portfolio securities will fall due to a change in general interest rates. Interest rate risk will be mitigated by: Structuring the investment portfolio so that securities mature to meet cash requirements for ongoing operations, thereby avoiding the need to sell securities on the open market prior to their maturation to meet specific PAGE 2 - Investment Policy operational needs; Operating funds will be invested primarily in shorter term securities. 2. Liquidity. The investment portfolio will remain sufficiently liquid to meet all operating requirements which might be reasonably anticipated. This is accomplished by structuring the portfolio so that securities mature at the same time as cash is needed to meet anticipated demands. Additionally, since all possible cash demands cannot be anticipated, the portfolio will consist largely of securities with active secondary or resale markets. 3. Yield. Yield is the potential dollar earnings an investment can provide and sometimes is described as the rate of return. The primary objective of the investment policy of the City of Diamond Bar is SAFETY. Investments shall be undertaken to ensure the preservation of capital in the overall portfolio. The investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the investment risk constraints and cash flow characteristics of the portfolio. Return on investment is of least importance compared to the safety and liquidity objectives described above. Investments are limited to relatively low risk securities in anticipation of earning a fair return relative to the risk being assumed. Securities shall not be sold prior to maturity unless one of the following conditions exists: 1) a declining credit security could be sold early to minimize loss of principal; 2) a security swap would improve the quality of yield in the portfolio; or 3) liquidity needs of the portfolio require that a security be sold. POLICY As a General Law city, Diamond Bar operates its accumulated idle cash investments under the prudent man rule. This insures that "...investment shall be made with the exercise of that degree of judgement and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation but for investment considering the probable safety of their capital as well as the probable income to be derived." (CC #2261) This affords the City a broad spectrum of investment opportunities, so long as the investment is deemed prudent and is allowable under current law of the State of California and the regulations of the City of Diamond Bar. The City of Diamond Bar strives to maintain the level of investment of all funds as near 100% as possible, through daily and projected cash flow determinations. Cash management and investment transactions are the responsibility of the Treasurer. PAGE 3 - Tnvestment Pnli,v Investments are allowed in the following media: United States treasury bills, bonds, notes or any other obligations or securities issued by the United States treasury or any other obligation guaranteed as to principal and interest by the United States. Local Agency Investment Fund (state pool) - Demand Deposits Certificates of Deposit (or Time Deposits), placed with commercial banks and/or savings banks. Negotiable Certificates of Deposit Bankers Acceptances Commercial Paper Medium Term Corporate Notes Passbook Savings Accounts Active Deposits Money Market Funds comprised of investments rated in the highest category by Moody's Investors Services Inc. or by Standard & Poor's Corporation. Repurchase Agreements Prohibited investments include securities not listed above(unless authorized pursuant to section 53601 (L)), as well as inverse floaters, range notes, interest only strips derived from a pool of mortgages (Collateralized Mortgage Obligations), and any security that could result in zero interest accrual if held to maturity, as specified in Section 53601.6. (Zero interest accrual means the security has the potential to realize zero interest depending upon the structure of the security. Zero coupon bonds and similar investments that start at a level below the face value are legal because their value does increase.) Government and agency paper are the highest quality investments available in terms of safety and liquidity. Certificates of deposit and savings accounts are insured or collateralized. Only commercial paper, with A-1 Moody's and P-1 Standard & Poor's ratings, is authorized for purchase. Most investments are highly liquid, with the exception of collateralized and insured certificates of deposit held by banks and savings banks. Maturities are selected to anticipate cash needs, thereby eliminating the need for forced liquidation. Effective January 1, 1989 the Government Code, Section 53601 states ... "no investment shall be made in any security, other than a security underlying a repurchase or reverse repurchase agreement authorized by this section, which at the time of the investment has a term remaining to maturity in excess of five years, unless the legislative body has granted express authority to make that investment either specifically or as a part of an investment program approved no less than three months prior to the investment." Page 4 - TnveSt,,,j,L p ,l l c ,, Therefore longer-term investments (over one year) are limited to maturities of five years or less unless specifically approved by the City Council. Diamond Bar attempts to obtain the highest yield possible when selecting investments, provided that the criteria for safety and liquidity are met. Ordinarily, through a positive yield curve, (i.e., longer term investment rates are higher than those of shorter term maturities), the City attempts to ladder its maturities to meet anticipated cash needs in such a way that longer term investments carry a higher rate than is available in the extremely short term market of 30 days or less. The City is authorized to invest in the Local Agency Investment Fund based upon periodic reviews of the book to market value of the investment pool and an annual review of the goals and strategies of the investment board. If there are changes in the management of the Local Agency Investment Fund, and there is a conflict with the City's investment goals, the City may elect to discontinue investment in LAIF. It should be noted that, per LAIF's investment policy, no more than 10% of its portfolio may be invested in Reverse Repurchase Agreements. Since these types of investments are extremely sophisticated, the City of Diamond Bar chooses not to individually invest in these types of securities but will participate LAIF's investment in these as long as the percentage of the portfolio remains at l00 or less. POLICY CONSTRAINTS The City operates its investment pool with many State and self- imposed constraints. The City does not purchase or sell securities on margin. The City does not buy stocks or deal in futures or options. The City does not use Reverse Repurchase Agreements for the investment of funds. The City does not invest in Guaranteed Small Business Administration (SBA) Notes. SAFEKEEPING OF SECURITIES The City of Diamond Bar will adopt the operational practice of having all purchased securities physically delivered, versus payment to a safekeeping account at the City's depository bank. It is recognized this will be to a third party independent custodian under contractual agreement made with the Security Services Division of the chosen bank. Investment transactions will be authorized by the City Treasurer and executed by either the Accounting Manager or the Deputy City Clerk. The transactions will be verified via monthly reconciliations by the Senior Accountant. Page 5 - Investment Q ,1 ; rN, 10of*O1I-0IZfel A monthly report of investments will be provided to the City Manager. The required elements of this report are as follows: a) Type of investment b) Institution c) Date of Maturity d) Amount of deposit or cost of security e) Current market value of securities with maturity in excess of twelve months f) Statement relating the report to the Statement of Investment Policy g) Rate of interest h) Statement that there are sufficient funds to meet the next six months' obligations The basic premise underlying the City of Diamond Bar's investment philosophy is to insure that money is always available when needed. Attachment: Appendix A - Description of Investments Appendix B - Broker Dealer Questionnaire Appendix C - Local Agency Investment Fund Description Terrence L. Belanger City Manager Appendix A Description of Investments U.S. Treasury Issues are direct obligations of the United States Government. These issues are called bills, notes and bonds. The maturity range of new issues is from 13 weeks (T -Bills) to 30 years (T -Bonds). These are highly liquid and are considered the safest investment security. Federal Agency Securities are issued by direct U.S. Government agencies or quasi -government agencies. Many of these issues are guaranteed directly or indirectly by the United States Government. Examples of these securities are Federal Home Loan Bank (FHLB) notes, Federal National Mortgage Associations (FNMA) notes, Federal Farm Credit Bank (FFCB) notes, Small Business Administration (SBA) notes, Government National Bank (GNMA) notes, Federal Home Loan Mortgage Credit (FHLMC) notes and Student Loan Association (SALLMAE) notes. Investment in these types of securities is limited to 20% of the portfolio. Local Agency Investment Fund (LAIF) is a special fund in the State Treasury which local agencies may use to deposit funds for investment. There is no minimum investment period and the minimum transaction is $5,000, in multiples of $1,000 above that, with a maximum of $20 million and increasing to $30 million on July 1, 1998 for any agency. It offers high liquidity because deposits can be converted to cash in twenty-four hours and no interest is lost. All interest is distributed to those agencies participating on a proportionate share determined by the amounts deposited and the length of time they are deposited. Interest is paid quarterly via direct deposit into the agency's LAIF account. The State keeps an amount for reasonable costs of making the investments, not to exceed one-quarter of one percent of the earnings. Certificates of Deposit are investments for inactive funds issued by banks, savings and loans and credit unions. Investments of $100,000 are insured respectively by Federal Deposit Insurance Corporation (FDIC), Federal Savings and Loan Insurance Corporation (FSLIC) and the National Credit Union Share Insurance Fund (NCUSIF). Certificates of Deposit can be issued from 14 days to several years in maturity allowing the City of Diamond Bar's investment of funds to be matched to cash flow needs. For deposits exceeding $100,000 the financial institution is required to collateralize with 1100 government securities collateral. City of Diamond Bar does not accept 150% Collateral (First Trust Deeds) or 10S% Letters of Credit (L.C.) . Negotiable Certificates of Deposit are unsecured obligations of the financial institution. These securities are generally issued in bearer form and pay interest at maturity. Although negotiable, a strong secondary market exists only in the NCD's issued by the Page G - AF.7Y �i1U 17S A largest United States banks. Examples of large banks include Bank of America, Citibank, Chase Manhattan, Manufacturers Hanover, etc. These securities generally trade with minimum amounts of $1 million per trade with the average trade in the secondary market of $5 million. Investment in Negotiable Certificates of Deposit is limited to 30% of the investment portfolio per Government Code Section 53601. Bankers Acceptances are short-term credit arrangements to enable businesses to obtain funds to finance commercial transactions. They are time drafts drawn on a bank by an exporter or importer to obtain funds to pay for specific merchandise. By its acceptance, the bank becomes primarily liable for the payment of the draft at maturity. An acceptance is a high grade negotiable instrument. Acceptances are purchased in various denominations for 30 to 180 days but no longer than 270 days. The interest is calculated on a 360 day discount basis similar to Treasury Bills. Investment in Banker's Acceptances is limited to 40% of the investment portfolio per Government Code Section 53601. Commercial Paper is a short term unsecured promissory note issued by a corporation to raise working capital. These negotiable instruments may be purchased at a discount to par value or interest bearing. Commercial paper is issued by corporations such as General Motors Acceptance Corporation (GMAC), Shearson American Express, Bank of America, Wells Fargo Bank, etc. Local agencies are permitted by state law to invest in commercial paper of "prime" quality of the highest ranking or of the highest letter and numerical rating as provided by Moody's Investor's Service, Inc. or Standard & Poors Corporation. Purchases of eligible commercial paper may not exceed 180 days maturity nor exceed fifteen percent of the local agency's surplus funds. An additional fifteen percent (for a total of 30%) can be invested in Commercial Paper provided the average maturity of invested funds in Commercial Paper does not exceed 30 days. Investment in Commercial Paper is limited to 30% of the investment portfolio and 10% of the issuing corporation per Government Code Section 53601. Medium Term Corporate Notes are unsecured promissory notes issued by a corporation organized and operating in the United States. These are negotiable instruments and are traded in the secondary market. Medium Term Notes (MTN) can be defined as extended maturity commercial paper. Corporations use these MTN's to raise capital. Examples of MTN issuers are General Electric, GMAC, Citibank, Wells Fargo Bank, etc. Investment in Medium Term Corporate Notes is limited to 300 of the investment portfolio per Government Code 53601. Notes must be rated "A" or better. Page 3 - Appendix A Passbook Savings Account is a certificate of deposit issued in any amount for a non specified amount of time. Interest rate is much lower than CD's but the savings account allows flexibility. Funds can be deposited and withdrawn according to daily needs. Mutual Funds are referred to in the Government Code, Section 53601, K, as "shares of beneficial interest issued by diversified management companies". The Mutual Fund must be restricted by its by-laws to the same investments as the local agency by the Government Code. These investments are Treasury issues, Federal Agency issues, State of California and City (within California) debt obligations, Certificates of Deposit, Repurchase Agreements, Reverse Repurchase Agreements, Financial Futures and Financial Options and Medium Term Corporate Notes. The quality rating and percentage restrictions in each investment category applicable to the local agency also applies to the Mutual Fund. Additional limitations apply to such management companies or their investment advisors. The City may not invest in a mutual fund which invests in derivative types of products. The purchase price of shares of mutual funds shall not include any sales commission. Investments in mutual funds shall not exceed fifteen percent of the local agency's investment portfolio. Active Deposits are demand or checking accounts which receive revenues and pay disbursements. Money Market Funds are comprised of short term government securities, certificates of deposit and highly rated commercial paper. Average length of maturity is twenty to fifty days. Money Market Funds are 1000 liquid at any time. Repurchase Agreements and Reverse Repurchase Agreements are short term investment transactions. Banks buy temporarily idle funds from a customer by selling him U.S. Government or other securities with a contractual agreement to repurchase the same securities on a future date. Repurchase agreements are typically one to ten days in maturity. The customer receives interest from the bank. The interest rate reflects both the prevailing demand for Federal Funds and the maturity of the REPO. Some banks will execute repurchase agreements for a minimum of $100,000, but most banks have a minimum of $500,000. A reverse -repurchase agreement (reverse -repo) is exactly what the name implies. The City of Diamond Bar does NOT invest in Reverse Repurchase Agreements. Financial Futures and Financial Options are forward contracts for securities. The government code states that a local agency may Page 4 - Appendix A incur future contracts/options in any of the investment securities enumerated in Section 53601 A -N. Due to the volatility of trading in financial futures the City of Diamond Bar does NOT invest in financial futures of financial options. Derivative Products are structured products which limits, through imbedded options, the flow of principal and or interest to the note holder. This limitation could be on how fast payments are received, how much principal is returned, or how high or low a coupon can move. Derivative is also a broad term referring to any security which derives its value from another underlying asset. The City of Diamond Bar does NOT invest in derivative products. t.r-�-ss-�oxx s CITY OF DIAMOND BAR BROKER/DEALER QUESTIONNAIRE AND CERTIFICATION 1. Name of Firm: 2. Address: 3. Telephone: ( ) ( ) 4. Broker's Representative to the City (attach resume): Name: Title: Telephone: ( ) 5. Manager/Partner-in-Charge (attach resume) Name: Title: Telephone: 6. List all personnel who will be trading with or quoting securities to City employees (attach resume) Name: Title: Telephone: ( ) ( ) 7. Which of the above personnel have read the City's investment policy? 8. Is your firm a primary dealer in United States Government Securities? Yes No CITY OF DIAMOND BAR Broker/Dealer Questionnaire and Certification Name of Firm: Page Two 9. List the total volume of United States Government and Agency Securities for the last calendar year. Firm -wide $ No. of Transactions Your local office $ No. of Transactions 10. Which instruments are offered regularly by your local office? Treasury Bills Treasury Notes/Bonds BA's (domestic) BA's (foreign) Commercial Paper Agencies (specify): CMO's Bank CD's S & L CD's Repos Reverse Repos Other (specify): 11. References -- Please identify your most directly comparable public sector clients in our geographical area. Entity Contact Telephone ( ) Client Since CITY OF DIAMOND BAR Broker/Dealer Questionnaire and Certification Name of Firm: Page Three 12. Have any of your clients ever sustained a loss on a securities transaction arising from a misunderstanding or misrepresentation of the risk characteristics of the instrument? If so, explain. 13. Has your local office ever subject to a regulatory or state/federal agency investigation for alleged improper, fraudulent, disreputable or unfair activities related to the sale of securities? Have any of your employees been so investigated? If so, explain. 14. Has a client ever claimed in writing that your firm was responsible for investment losses? If so, explain. 15. Explain your normal custody and delivery process. Who audits these fiduciary systems? Can you meet safekeeping requirements? CITY OF DIAMOND BAR Broker/Dealer Questionnaire and Certification Name of Firm: Page Four 16. How many and what percentage of your transactions failed last month? Last year? 17. Describe the capital line and trading limits of the office that would conduct business with the City of Diamond Bar. 18. Does your firm participate in the S.I.P.C. insurance program If not, explain. 19. What portfolio information, if any, do you require from your clients? 20. What reports, transactions, confirmations and paper trail will the City receive? 21. Does your firm offer investment training to your clients? Yes No CITY OF DIAMOND BAR Broker/Dealer Questionnaire and Certification Name of Firm: Page Five 22. Please enclose the following: Latest audited financial statements. Samples of reports, transactions, and confirmations the City will receive. Samples of research reports and/or publications that your firm regularly provides to clients. Complete schedule of fees and charges for various transactions. ***CERTIFICATION*** I hereby certify that I have personally read the Statement of Investment Policy of the City of Diamond Bar, and have implemented reasonable procedures and a system of controls designed to preclude imprudent investment activities arising out of transactions conducted between our firm and the City of Diamond Bar. All sales personnel will be routinely informed of the City's investment objectives, horizons, outlooks, strategies and risk constraints whenever we are so advised by the City. We pledge to exercise due diligence in informing the City of Diamond Bar of all foreseeable risks associated with financial transactions conducted with our firm. Under penalties of perjury, the responses to this questionnaire are true and accurate to the best of my knowledge. Signed Title Date Countersignature* Date Title * Company president or person in charge of government securities operations. Public Employees Retirement System 2% @ AGE 55 LOCAL MISCELLANEOUS MEMBER FORMULA March 28, 1998 Page 1. (continued) City City City 1. Alameda 51. Fairfield 101. Oakland 2. American River 52. Folsom 102. Oceanside 3. Anderson 53. Fremont 103. Orange 4. Antioch 54. Garden Grove 104. Pacifica 5. Apple Valley 55. Gilroy 105. Pacific Grove 6. Arcadia 56. Glandals• 106.sa�e 7. &zusa • 57. Grass Valley 107. Palm Desert 8. Bakersfield 58. Hanford 108. Paradise 9. Barstow 59. Hayward 109. Patterson 10. Rel,l Gzrdama• 60. Hemet 110. Placentia 11. Belmont 61. Hercules 111. Pleasanton 12. Benicia 62. Highland 112. Port Huneme 13. Berkeley 63. Runtington Task 113. Poway 14. Bishop E4. Imperial Beach 114. Rancho Cucamonga 15. Blythe 65. Indian Wells 115. Red Bluff 16. Brentwood 66. Indio 116. Redding 17. Buellton 67. Indrmtry 117. -Dweeli 18. ."rhe" 68. Inglewood 118. Rialto 19. Burlingame 69. 119. Richmond 20. Calabasas 70. Lake Elsinore 120. Ridgecrest 21. California City 71. LancasteT 121. Riverside 22. Campbell 72. La Mesa 122. Rohnert Park 23. Canyon Lake 73. La MiTads 123. Roseville 24. Carlsbad 74. La Quinta 124. San Bernardino 25. Cerritos 75. La Verne 125. San Bruno 26. Chico 76. Lemon Grove 126. San Carlos 27. Chino 77. Lemoore 127. San Leandro 28. Chula Vista 78. Lindsay 128. San Mateo 29. Cmmerae- 79. Livermore 129. San Pablo 30. C+eep�toa 80. Long Beaeh 130. Santa Ana 31. Concord 81. Los Altos 131.,,<,� 32. Corning 82. Los Gatos 132. Santa Cruz 33. Corona _ 83. Madera 133. Svwt&Bye °qp'!" ttgs 34. Coronado 84. Manteca 134. Santa Maria 35. Crescent City 85. Martinez 135. Santa Paula 36. Cudahy 86. Marysville 136. -Santa Rosa 37. Cupertino 87. Maywood 137. Sanger 38. Daly City 88. Menlo Park 138. Santee . 39. Davis 89. Millbrae 139. Seal Beach 40. Dixon 90. Mill Valley 140. Seaside 41. Dos Palos 91. Montebello 141. Sebastopol 42. Downey 92. Moreno Valley 142. Shafter 43. El Cajon 93. Mountain View 143. Solana Beach 44. El Centro 94. Murrieta 144. Sonoma 45. El Cerrito 95. Napa 145. Sonora 46. Ri Monte + 96. National City 146. South Lake Tahoe 47. Escondido 97. Nevada City 147. South San Francisco 48. Eureka 98. Newark 148. Stockton 49. Exeter 99. Norco 149. Suisun City 50. Fairfax 100. Oakdale 150. Sunnyvale (continued) Public Employees Retirement System March 28, 199E 2x A AGE 55 LOCAL MISCELLANEOUS MEMBER FORMULA Page 6. Special District 151. Woodridge Rural County Fire Protection District 152. Yolo County Communications Emergency Services Agency 153. Yuba -Sutter Transit District NOTE: This listing includes new PERS agencies which have adopted the 2R @ Age 55 Local Miscellaneous Member Formula as a part of their original contract with the System, r Source: Actuarial and Employer Services Division, Public Employees Retirement System. PERS Retirement Betterment Committee, Inc. Jake Petrosino, Research Director (714) 765-4439 P-LIIQ Employees Retirement System March 28 2Z @ AGE 55 LOCAL MISCELLANEOUS MEMBER FORMULA Page 3. 1998 Special District I. Alameda County Mosquito Abatement District 2. Alameda County Schools Insurance Group 3. Alameda County Waste Management Authority 4. Alameda County Water District 5. American Canyon County Water District 6. American River Fire Protection District 7. Aptos-La Selva Fire Protection District 8. Banning-Cabazon Cemetery District 9. Big Bear City Airport District 10. Broadmoor Police Protection District 11. Brooktrails Community Services District 12. Burney Fire District 13. Calaveras Public Utility District 14. CambriaCommuz;ity Services District 15. Castro Valley Sanitation District 16. Central Fire Protection District of Santa Cruz County 17. Central Marin Sanitation Agency 18. Colusa Mosquito Abatement District 19. Cordelia Fire Protection District of Solano County 20. Cotati Fire Protection District 21. Crestline -Lake Arrowhead Water Agency 22. Cucamonga County Water District 23. Delta Vector Control District 24. Diamond Springs -E1 Dorado Fire Protection District 25. Dublin -San Ramon Services District 26. Eastern Municipal Water District 27. East Bay Dischargers Authority 28. East County Fire Protection District 29. East Valley Water District 30. E1 Dorado Hills County Water District 31. Escondido Community Development Commission 32. Estero Municipal Improvement District (Foster City) 33. Fairfield -Suisun Sewer District 34. Feather River Air Quality Management District 35. Feather River Recreation and Park District 36. Georgetown Divide Public Utility District 37. Glen Ellen Fire Protection District 38. Glenn County Mosquito and Vector Control District 39. Great Basin Unified Air Pollution Control District 40. Hayward.Area Recreation and Park District 41. Heartland Communications Facility 42. Humboldt Bay Municipal Water District 43. Intergovernmental Training and Development Center 44. Kern County Council of Governments 45. Kern County Local Agency Formation Commission 46. Kings Mosquito Abatement District 47. Little Lake Fire Protection District 48. Los Angeles City Community Redevelopment Agency 49. Los Angeles County Sanitation District No. 2 50. Lower Tule River Irrigation District (continued) c.. �v�. �� 1 1/1� ".. SCEL?.AIrEUOS ME F -R. FORMULA Cid - _ City 151. Temecula 152. Thousand Oak:3 153. Tracy 154. Truckee 155. Tulare 156. Ukiah 157. Union City 158. Vacaville 159. Vallejo 160. Ventura 161. Veeap 162. Victorville 163. Visalia 164. Weat-C�ov*M 165. West Sacramento County 1. Calaveras County 2. Colusa County 3. Del Norte County 4. Humboldt County 5. Inyo County 6. Mariposa County 7. Napa County 8. Nevada County 9. Placer County 10. Plumas County 166. Whittier 167. Willits 168. Willows 169. Woodland 170. Yountville 171. Yuba City County 11. Riverside County 12. Santa Clara County 13. Santa Cruz County 14. Shasta County 15. Solano County 16. Sutter County 17. Yuba County Page 2. Source: Actuarial and Employer Services Division, Public Employees Retirement System. PERS Retirement Betterment Committee, Inc. Jake Petrosino, Research Director (714) 765-4439 TOTAL LOCAL AGENCIES Cities - 171 of 430 Counties - 17 of 36 Special Districts - 153 of 828 Total - 341 of 1,294 Public Employees Retirement System March 28, 1998 2% @ AGE 55 LOCAL MISCELLANEOUS MEMBER FORMULA Page 5. Special District 101. Sacramento Area Council of Governments 102. Sacramento County Fire Protection District 103. Sacramento Transportation Authority 104. Sacramento -Polo Mosquito Abatement District 105. San Andreas Sanitary District 106. San Diego Association of Governments 107. San Diego County Water Authority 108. San Diego Metropolitan Transportation Development Board 109. San Elijo Joint Power Authority 110. San Francisco Bay Area Rapid Transit District 111. San Gabriel Valley Mosquito Abatement District 112. San Joaquin County Housing Authority 113. Santa Clara County Central Fire Protection District 114. Santa Clara County Traffic Authority 115. Santa Clara County Transportation District 116. Santa Clara Valley Water District 117. Santa Cruz County Housing Authority 118. Santa Cruz County Law Library 119, Santa Cruz Local Agency Formation Commission 120. Santa Cruz Metropolitan Transit District 121. Santa Fe Irrigation District 122. Santa Maria Public Airport District 123. Saratoga Fire Protection District 124. Sausalito -Marin City Sanitation District 125. Scotts Valley Fire Protection District 126. Shasta Mosquito Abatement District 127. Sierra -Sacramento Valley Emergency Medical Services Agency 128. Solano Irrigation District 129. Solano Transportation Authority 130. South Bayside System Authority 131. South Placer Fire District 132. South San Luis Obispo County Sanitation District 133. Southern California Association of Governments 134. Stockton East Water District 135. Summit Cemetery District 136. Tahoe City Public Utility District 137. Tahoe -Truckee Sanitation District 138. Tiburon Fire Protection District 139. Truckee Fire Protection District 140. Truckee Sanitary District 141. Tuolumne Utilities District 142. Union Sanitary District 143. Vallecitos Water District 144. Vallejo Sanitation and Flood Control District 145. Valley County Water District 146. Valley -of -the -Moon Water District 147. Valley -Wide Recreation and Park District 148. Vista Irrigation District 149. West Stanislaus Irrigation District 150. West Valley Sanitation District of Santa Clara County (continued) Public Employees Retirement System March 28, 1998 27. a AGE 55 LOCAL MISCELLANEOUS MEMBER FORMULA Page 4. Special District 51. Marin County Sanitation District No. 1 52. Marin County Sanitation District No. 5 53. Marin Municipal Water District 54. Metropolitan Transportation Commission 55. Metropolitan Water District of Southern California 56. Midpeninsula Regional Open Space District 57. Mid -Placer Public Schools Transportation Agency 58. Mojave Water Agency 59. Montecito Fire Protection District 60. Monterey Peninsula Regional Park District 61. Monterey Regional Waste Management District 62. Mountain View Sanitation District of Contra Costa County 63. Murrieta Fire Protection District 64. -Napa County Mosquito Abatement District 65. Napa Sanitation District 66. National City Community Development Commission 67. Nevada Irrigation District 68. Nice Community Services District 69. North County Transit District 70. North Marin Water District 71. Northstar Community Services District 72. North State Cooperative Library District 73. North Tahoe Fire Protection District 74. Olivenhain Municipal Water District 75. Orland Cemetery District 76. Oro Loma Sanitary District 77. Otay Water District 78. Oxnard Harbor District 79. Padre Dam Municipal Water District 80. Palmdale Water District 81. Penngrove Fire Protection District 82. Placer County Resource Conservation District 83. Placer County Transportation Commission 84. Placer County Water Agency 85. Placer -Foothills Consolidated Fire Protection District 86. Pleasant Hill -Martinez Joint Facilities Agency 87. Port San Luis Obispo Harbor District 88. Rainbow Municipal Water District 89. Rancho Cucamonga Fire Protection District 90. Rancho Santa Fe Fire Protection District 91. Rescue Fire Protection District 92. Richardson Bay Sanitation District 93. Rincon Valley Fire Protection District 94. Riverside County Flood Control and Water Conservation District 95. Riverside County Law Library 96. RiverFide County Transportation Commission 97. Riverside County Waste Resources Management District 98. Riverview Water District 99. Rowland Water District 100. Russian River Fire Protection District (continued) AGENDA NO. 7.2 COPY OF PROPOSED BUDGET AVAILABLE FOR PERUSAL IN THE OFFICE OF THE CITY CLERK l 0 G_ 'tom 7, zca-� RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING AND ADOPTING A BUDGET FOR THE CITY OF DIAMOND BAR FOR THE FISCAL YEAR COMMENCING JULY 1, 1998 AND ENDING JUNE 30, 1999 INCLUDING MAINTENANCE AND OPERATIONS, SPECIAL FUNDS AND CAPITAL IMPROVEMENTS AND APPROPRIATING FUNDS FOR ACCOUNTS, DEPARTMENTS, DIVISIONS, OBJECTS AND PURPOSES THEREIN SET FORTH. A. Reci a7 (i) The City Manager has heretofore prepared and presented to this City Council a proposed budget for the City's fiscal year 1998-99, including staffing and position allocations, maintenance and operations, special funds and capital improvements, including appropriations therefor (referred to the "Budget" sometimes hereinafter). (ii) The Planning Commission of the City of Diamond Bar has heretofore publicly reviewed the proposed capital improvements specified in the Budget and has rendered to the City Council its report thereon concerning conformity of the capital improvement program with the City's contemplated general plan, all as required by California Government Code Section 65401. Copies of the Budget are on file in the office of the City Clerk labeled "City of Diamond Bar 1998-99 Budget" and said Budget hereby is made a part of this Resolution. (iii) The City Council has conducted a public hearing on the entirety of the fiscal year 1998-99 Budget and concluded said hearing prior to the adoption of this Resolution. (iv) All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION. NOW THEREFORE, the City Council of the City of Diamond Bar does hereby find, determine and resolve as follows: 1. In all respects, as set forth in the Recitals, Part A, of this Resolution. 2. The City Council hereby finds and determines that the capital improvement program set forth in the Budget, and each project identified therein, is categorically exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and the guidelines promulgated thereunder pursuant to Section 15301 of Division 6 of Title 14 of the California Code of Regulations. 3. The Budget, including the changes enumerated and directed to be made by the City Council during the course of the public hearing conducted by the City Council, hereby is adopted as the Budget of the City of Diamond Bar for the fiscal year commencing July 1, 1998 and ending June 30, 1999 and consisting of the estimated and anticipated expenditures and revenues for that fiscal year. 4. There are hereby appropriated for obligations and expenditures by the City Manager the amounts shown for the various departments, divisions and objects set forth in the Budget. All obligations and expenditures shall be incurred and made in the manner provided by the provisions of State law and City ordinances and resolutions applicable to purchasing and contracting. 5. Subject to further provision of this Resolution, the appropriations made above constitute the maximum amount authorized for obligation and expenditure by the City Manager for respective departments, divisions and objects as set forth in the Budget. Each department head shall be responsible, as well as the City Manager, for seeing that said maximum amounts are not exceeded. 6. No warrant shall issue nor shall any indebtedness be incurred which exceeds the unexpended balance of the fund and department appropriations hereinabove authorized unless such appropriations shall have been amended by a supplemental appropriation duly enacted by the City Council, or by individual appropriations within any aforesaid fund or department therein, except insofar as the City Manager may authorized transfers pursuant to this Resolution. 7. Within the various funds and departments contained in the Budget, the City Manager is authorized to employ, during the fiscal year covered by said Budget, the number and classification of such full time employees as are shown in the Budget all subject to the provisions of the City's classification and compensation plans as amended and adopted by the City Council. Part time and seasonal employees are authorized as necessary by the City Manager provided that the total to be obligated and expended within any fund and department set forth in the Budget, with respect to salaries and wages therefor, shall not exceed the budgeted and appropriated amount, as the same may be amended by the City Council, from time to time. 8. The City Manager hereby is authorized to transfer funds appropriated hereby or by supplemental appropriation as follows: With respect to those classifications designated by code 1000 series, 2000 series, 4000 series, 5000 series and code 6000 series, the City Manager may transfer amounts between and within those classifications, but only within a department or fund. 9. The City Clerk shall certify to the adoption of this Resolution. PASSED, ADOPTED AND APPROVED this day of REM "M Mayor I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of Diamond bar held on the day of , 1998, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: City Clerk of the City of Diamond Bar CITY OF DIAMOND BAR INTEROFFICE MEMOkANDIIM To: Mayor and City Councilmembers Via: Terrence L. Belanger, City Manager From: James DeStefano, Deputy City Mana Subject: DRAFT DEVELOPMENT CODE - Replacement Pages Date: June 16, 1998 The attached pages of the Draft Development Code have been revised incorporating final corrections to the document. The revisions are a primarily a result of identified typographical and technical errors observed in the final draft. The City Attorney has advised that the City Council delete the. provision on page III -132 (Section 22.36.030.E.) requiring a minimum of 50 percent of the text of a sign contain English characters. It is recommended that the provision be amended requiring all businesses to provide identification signage and that the street address and name of the business be in English characters. Attachments jds CHAPTER 22.01 - ENACTMENT AND APPLICABILITY OF DEVELOPMENT CODE Sections: 22.01.010 - Title 22.01.020 - Purpose and Intent of Development Code 22.01.030 - Authority, Relationship to General Plan 22.01.040 - Applicability of the Development Code 22.01.050 - Responsibility for Administration 22.01.010 - Title Title 22 of the Diamond Bar Municipal Code is and may be cited as the Diamond Bar Development Code, hereafter referred to as "this Development Code." 22.01.020 - Purpose and Intent of Development Code The purpose of this Development Code is to implement the policies of the Diamond Bar General Plan by classifying and regulating the uses of land and structures within the City of Diamond Bar. In addition, this Development Code is adopted to protect and to promote the public health, safety, and general welfare of residents, and preserve and enhance the aesthetic quality of the City. To fulfil these purposes, it is the intent of this Development Code to; A. Provide standards for the orderly growth and development of the City, and promote a stable pattern of land uses; B. Implement the uses of land designated by the Diamond Bar General Plan and avoid conflicts between land uses; C. Maintain and protect the value of property; D. Conserve and protect the natural resources of the City; F Protect the character, and social and economic stability of residential, commercial, and industrial areas; F. Assist in maintaining a high quality of life without causing unduly high public or private costs for development or unduly restricting private enterprise, initiative, or innovation in design, and G. Provide regulations for the subdivision of land in compliance with the Subdivision Map Act, Title 7, Section 4, Division 2 of the California Government Code (Government Code Sections 66410 et seq.). Dianmmd Bar Devcl went Code Article I - Purpose and Applicability I-3 Enactment and Applicability 22.01 22.01.030 - Authority, Relationship to General Plan A. This Development Code is enacted based on the authority vested in the City of Diamond Bar by the State of California, including but not limited to: the State Constitution; the Planning and Zoning Law (Government Code Sections 65000 et seq.); the Subdivision Map Act (Government Code Sections 66410 et seq.); and the California Health and Safety Code. B. This Development Code and the Zoning Map (Section 22.06.030) are the primary tools used by the City of Diamond Bar to implement the goals, objectives, and strategies of the Diamond Bar General Plan, which is the overall policy document of the City, hereafter referred to as the "General Plan." 22.01.040 - Applicability of Development Code This Development Code applies to all land uses, structures, subdivisions, and development within the City of Diamond Bar, as provided by this Section A. New land uses or structures, changes to land uses or structures. Compliance with the requirements of Section 2202.020 (Requirements for Development and New Land Uses) or, where applicable, Chapter 22.68 (Nonconforming Uses, Structures, and Parcels), is necessary for any person F,r-p�blie�tgeriep f lto lawfully establish, construct, reconstruct, alter, or replace any use oand or structure, B. Issuance of Building or Grading Permits. The Building Official or City Engineer, as applicable, may issue building, grading, or other construction permits only when: 1. The proposed land use and/or structure satisfy the requirements of Subsection A. above, and all other applicable statutes, ordinances and regulations; and 2. The Director and City Engineer determine that the site was subdivided in compliance with "049*40" C. Subdivision of land. Any subdivision of land proposed within the City after the effective date of this Development Code shall be consistent with the minimum lot size requirements of Article II (Zoning Districts and Allowable Land Uses); pie: (6"bdiriaiesns); and all other applicable requirements of this Development Code. D. Continuatfwm of an existing land use. An existing land use is lawful only when it was legally established in compliance with all applicable regulations, and when it is operated and maintained in compliance with all applicable provisions of this Development Code, including Chapter 22.68 (Nonconforming Uses, Structures and Parcels). Existing land uses that were in violation of City zoning regulations applicable before the effective date of this Development Code, or in violation of the prior Los Angeles County Zoning Ordinance, are in violation of this Development Code. These uses shall Diamond Bar Development Code Article I - Purpose and Applicability Enactment and Applicability 22.01 continue to be in violation unless they conform to the current provisions of this Development Code. E. Effect of Development Code changes on projects in progress. A land use permit application that has been accepted by the Department as complete prior to the effective date of this Development Code or any amendment shall be processed according to the requirements in effect when the application was accepted as complete. F. Minimum requirements.applied, 'S not nlil�. The provisions of this hall be held to be the minimum requirements for the rois health, safety, and general welfare. Whenever in this iscretion is vested in a City official or body, that discretion may be exercised so as to impose more stringent requirements as mav be necessary o Dromots orderly land use development and the purposes of this XIM G. Other requirements may still apply. Nothing in this Development Code eliminates the need for obtaining any permit, approval or entitlement required by other provisions of the Municipal Code or complying with the regulations of any City department, or any County, regional, State, or Federal agency. H. Conflicting requirements. Any conflicts between different requirements of this Development Code, or between this Development Code and other regulations, shall be resolved in compliance with Section 22.03.020.D (Conflicting Requirements). 22.01.050 - Responsibility for Administration This Development Code shall be administered by the Diamond Bar City Council, Planning Commission, Gontmurtity Deveiapment Director, Hearing Officer, Deputy City Manager Director and the Community and Development Services Department, in compliance with Chapter xx 2.00 of the Municipal Code and Chapter 22.22.64 (Administrative Responsibility). Diamond Bar Development Code Article I - Purpose and Applicability ie��e I-5 Enactment and Applicability Diamond Bar Development Code Hearing Draft - December 9,1997 22.01 Article I - Purpose and Applicability I-6 CHAPTER 22.02 - DEVELOPMENT AND LAND USE APPROVAL REQUIREMENTS Sections: 22.02.010 - Purpose of Chapter 22.02.020 - Requirements for Development and New Land Uses 22.02.030 - Exemptions from Land Use Permit Requirements 22.02.040 - Temporary Uses 22.02.050 - Additional Permits or Approvals May Be Required 22.02.010 - Purpose of Chapter This Chapter sets forth the general requirements for the approval of proposed development and new land uses in the City. Land use permit requirements for specific land uses are set forth in Articles II and III. 22.02.020 - Requirements for Development and New Land Uses All uses of land and/or structures shall be established, constructed, reconstructed, altered, or replaced, in compliance with the following requirements. A. Allowable uses. The use of land shall be identified by Chapters 22.08 (Residential Zoning Districts), 22.10 (Commercial/ Industrial Zoning Districts), or 22.12 (Special Purpose Zoning Districts), as being allowable in the zoning district applied to the site. The Director may determine whether a particular land use is allowable, in compliance with Section 22.0,; .020.E - (Rules of Interpretation - Allowable Uses of Land). B. Permit/approval requirements. Any land use permit or other approval required by this Development Code shall be obtained before the proposed use is constructed, otherwise established or put into operation, unless the proposed use is listed in Section 22.02.030 (Exemptions from Development and Land Use Approval Requirements). The land use permit requirements of this Development Code are established by Chapters 22.08 (Residential Zoning Districts), 22.10 (Commercial/ Industrial Zoning Districts), or 22.12 (Special Purpose Zoning Districts). C. Development standards. The use of land and/or structure shall comply with all applicable requirements of this Development Code, including the zoning district standards of Article 11(Zoning Districts and Allowable Land Uses), and the provisions of Article III (Site Planning and General Development Standards). D. Conditions of approval. The use of land and/or structure shall comply with any applicable conditions imposed by any previously granted land use permit or other approval. Diamond Bar Development Code Article I - Purpose and Applicability R A I-7 Development and Land Use Approval Requirements 22.02 E. Legal parcel. The use of land and/or structure shall only be established on a parcel of land which has been legally created in compliance with the Subdivision Map Act and " ; _ • (Subdivisions), as applicable at the time the parcel was created. F. Development Agreements/Unilateral Contracts. The use and/or structures shall comply with any applicable Development Agreement approved by the City in compliance with Chapter 22.62 (Development Agreements), or Unilateral Contract previously approved by the City and recorded with the County of Los Angeles. 22.02.030 - Exemptions from Development and Land Use Approval Requirements The land use permit requirements of this Development Code do not apply to the activities, uses of land and/or structures identified by this Section. A. Governmental facilities. Facilities of the City, State, or the Federal Government on land owned or leased by a governmental agency, for governmental operations. B. Interior remodelling. Interior alterations that do not increase the number of rooms or the gross floor area within the structure, or change the approved use of the structure. C. Reconstruction of destroyed uses and structures. A use of land and/or structure destroyed by fire or natural disaster may be re-established as it existed, provided that it was legally established and in compliance with this Development Code before destruction. See Section 22.68.030 regarding repairs to nonconforming structures. D. Repairs and maintenance. Ordinary repairs and maintenance, if: The work does not result in any change in the approved land use of the site or structure, addition to, or enlargement/expansion of the land use and/or structure; and 2. The exterior repairs employ the same materials and design as the original construction. 22.02.040 - Temporary Uses Requirements for establishing a temporary use (e.g., construction yards, seasonal sales lots, special events, temporary office trailers, etc.) are in Chapter 22.50 (Temporary Use Permits). 22.02.050 - Additional Permits and Approvals May be Required An allowed land use that has been granted a land use permit, oris exempt from a land use approval, may still be required to obtain City permits or approvals before the use is constructed, or otherwise established and put into operation. Nothing in this Chapter shall eliminate the need to obtain any permits or approvals required by: Diamond Bar Devel pment Code Article I - Purpose and Applicability as q I-8 Development and Land Use Approval Requirements 22.02 A. Other Municipal Code provisions, including: Building, Grading or other construction permits if they are required by Chapter YA 15.00; or a business license if required by Chapter *HE 5.00; or B. Any applicable County, or any regional, State or Federal agency regulations. All necessary permits shall be obtained before starting work or establishing new uses. Dianwnd Bar Development Code Article I - Purpose and Applicability 4X•• •: Xf :.cS`: {.4.r :;;... ,, ., ipp.'iR!IEtlilt9 I-9 Development and Land Use Approval Requirements 22.02 Diamond Bar Development Code Article I - Purpose and Applicability Hearing Draft - December 9,1997 I-10 Interpretations 22.034 19. Conflicting requirements. Any conflicts between different requirements of this Development Code, or between this Development Code and other regulations, shall be resolved as follows. 1. Development Code provisions. In the event of any conflict between the provisions of this Development Code, the most restrictive requirement shall control, except in case of any conflict between the zoning district regulations of Article II (Zoning Districts and Allowable Land Uses) and the provisions of Article III (Site Planning and General Development Standards), the provisions of Article III shall control. 2. Development Agreements or Specific Plans, In the event of any conflict between the requirements of this Development Code and standards adopted as part of any Development Agreement or Specific Plan, the requirements of the Development Agreement or Specific Plan shall control. 3. Municipal Code provisions. In the event of any conflict between requirements of this Development Code and other regulations of the City, the most restrictive shall control. 4. Private agreements. mhiw-]� . The requirements menof this Development Code shall not be Interpreted as repealing, abrogating, or annulling any easement, covenant, or deed restriction imposed on private property. All land use and development shall comply with the requirements of this Development Code, regardless of the provisions of any private covenant or deed restriction. The City shall not enforce any private covenant, restriction, or agreement unless it is a party thereto. £G. Zoning Map boundaries. If there is uncertainty about the location of any zoning district boundary shown on the official Zoning Map, the following rules are to be used in resolving the uncertainty, (See also Section 22.06.040, Zoning District Regulations.) 1. Where the Zoning Map shows any lot or area within a particular zoning district, the zoning district shall extend to the centerline of any adjacent road, street, parkway, or highway. 2. If a district boundary divides a parcel and the boundary line location is not specified by distances printed on the Zoning Map, the Director shall determine the location of the boundary by using the scale appearing on'the Zoning Map. Diamond Bar Development Code Article I - Purpose and Applicability -ucrar 3i4�98 I-13 Interpretations 22.034 3. Where a public street, alley, railroad, or other public right-of-way is officially vacated or abandoned, property that was within the former right-of-way shall be deemed to be included within the zoning district applicable to the property to which the abandoned right-of-way is being attached. FH. Allowable uses of land. If a proposed use of land is not specifically listed in Article 11 (Zoning Districts and Allowable Land Uses) the use shall not be allowed, except as follows. I. Similar uses allowed. The Director may determine that a proposed use not listed in Article II maybe allowed as a permitted or conditional use, or is not allowed. in making such a determination, the Director shall first find that: a. The characteristics of, and activities associated with the proposed use are equivalent to those of one or more of the uses listed in the zoning district as allowable, and will not involve a greater level of activity, population density, traffic generation, parking, dust, noise or intensity than the uses listed in the district; b. The proposed use will meet the purpose/intent of the zoning district that is applied to the site; and c. The proposed use will be consistent with the goals, objectives and policies of the General Plan and any applicable Specific Plan 2. Applicable standards and permit requirements. When the Director determines that a proposed, but unlisted use is equivalent to a listed use, the proposed use will be treated in the same manner as the listed use in determining where the use is allowed, what permits are required and what other standards and requirements of this Development Code apply. 22.04.030 - Procedures for Interpretations Whenever flee Director determines that the meaning or applicability of any of the requirements Of this Development Code are subject to interpretation generally, or as applied to a specific case, the Director may issue an official interpretation or refer the question to the Planning Commission for determination A. Request for interpretation The request for an interpretation or determination shall be made to the Department and shall include all information described in the Instructions lbrinterprvtabon Requests, available from the Department. B. Findings, basis for interpretation. The issuance of an interpretation by the Director shall include findings stating the basis for the interpretation The basis for an interpretation may include technological changes or new industry standards. The issuance of an interpretation shall also include a finding documenting the consistency Of the interpretation with the General Plan. Diamond Bar Development Code Article I - Purpose and Applicability w #I 1-14 Interpretations 22.034 C. Record of interpretations. Official interpretations shall be: 1. Written, and shall quote the provisions of this Development Code being interpreted, and the applicability in the particular or general circumstances that caused the need for interpretations, and the determination; and 2. Distributed to the Council, Commission, City Attorney, City Clerk, and Department staff. Any provision of this Development Code that is determined by the Director to need refinement or revision will be corrected by amending this Development Code as soon as is practical. Until an amendment can occur, the Director will maintain a complete record of all official interpretations as an appendix to this Development Code, and indexed by the number of the Chapter or Section that is the subject of the interpretation D. Referral of interpretation The Director has the option of forwarding any interpretation or determination of the meaning or applicability of any provision of this Development Code directly to the Commission for consideration. L Appeals. Any interpretation of this Development Code by the Director may be appealed to the Commission as provided by Chapter 2274 (Appeals). The Commission's decision shall be final. Diamond Bar Development Code Article I - Purpose and Applicability Establishment of Zoning Districts 22.06 22.06.030 - Zoning Map Adopted The Council hereby adopts the City of Diamond Bar Zoning Map (hereafter referred to as the "Zoning Map"), which is on file with the Department. A. Inclusion by reference. The Zoning Map, together with all legends, symbols, notations, references, zoning district boundaries, and other information on the maps, has been adopted by the Council in compliance with Government Code Sections 65800 et seq., and is hereby incorporated into this Development Code by reference as though it were fully included here. B. Zoning district boundaries. The boundaries of the zoning districts established by Section 22.06.020 (Zoning Districts Established) shall be shown upon the Zoning.Map. C. Relationship to General Plan. The Zoning Map shall implement the General Plan, specifically including the Land Use Map. D. Map amendments. Amendments to the Zoning Map shall follow the process established in Chapter 22.70 (General Plan, Development Code, and Zoning Map Amendments). E. Zoning Ma irate retation. The Zoning Map shall be interpreted in compliance with Section 22. .02 (Rules of Interpretation - Zoning Map Boundaries). 22.06.040 - Zoning District Regulations A. Purpose. Chapters 22.08 through 22.14 determine which land uses are allowed in each zoning district established by Section 2=9 22.06.020 (Zoning Districts Established), what land use entitlement is required to establish each use, and the basic development standards that apply to allowed land uses in each zoning district. B. Zoning Consistency Matrix. Subsequent to the adoption of this Development Code, the City of Diamond Bar Zoning Map shall be revised to reflect consistency with the General Pian Land Use Map. In the interim period, until the revised map is adopted by the Council, the Zoning Consistency Matrix (Table 2.2) is adopted applying equivalent Development Code Standards to the City's existing zoning districts. CB. Determination of allowable land uses and permit requirements. The uses of land allowed by this Development Code in each zoning district are identified in Tables 2-3, 2-5, 2-6 and 2-8 of this Chapter as being: 1. Permitted subject to compliance with all applicable provisions of this Development Code, subject to first obtaining a Zoning Clearance (Chapter 22.46), and any Building Permit or other permit required by the Municipal Code. These are shown as "P" uses in the tables; 2. Allowed subject to the approval of a Minor Conditional Use Permit (Chapter 22.56), and shown as "MUP" uses in the tables; Diamond Bar Develment Code Article II - Zoning Districts II -5 Establishment of Zoning Districts 22.06 3. Allowed subject to the approval of a Conditional Use Permit (Chapter 22.58), and shown as "CUP" uses in the tables; Land uses that are not listed in the tables or are not shown in a particular zoning district are not allowed, except as otherwise provided by Section 22.0s.020ffiRules of Interpretation - Allowable Uses of Land), or 22.02.030 (Exemptions from Land Use' Requirements). C. Standards for parcels with multiple zoning districts. The following standards apply to the proposed development or subdivision of parcels that are or may be designated with more than one zoning district. 1. Existing parcel in multiple zoning districts. Where an existing parcel is zoned in two or more zoning districts, each portion of the parcel in a separate district shall be developed/used in compliance with the requirements of the applicable district. 2. Parcels proposed for consolidation. Where a Lot Line Adjustment or Tentative Map application proposes the consolidation of two or more parcels, so that a single parcel would be covered by two or more zoning districts, the application for adjustment or map approval shall be accompanied by an application for rezoning the lot into a single zoning district, in compliance with Chapter 22.70 (General Plan, Development Code, and Zoning Map Amendments). D. Conflicts between provisions. Rules for resolvin conflictsbetween different Development Code provisions may be found in 22. .020.: (Rules of Interpretation -Conflicting Requirements). Diamond Bar Development Code Article II - Zoning Districts ON 8 0 II -6 Commercial/ Industrial Zoning Districts TABLE 2-6 - ALLOWED USES AND PERMIT REQUIREMENTS FOR COMMERCIAL/INDUSTRIAL ZONING DISTRICTS 22.10 See standards MANUFACTURING & PROCESSING — Chemical Product zpanubwturing - - v -a A m .lemon: CUP Electronics, appliance, and equipumt manufacturing p Fabric pioduct mut p Food and beverage thanufactunng p Furniture and fixtures manttfa cabinet Gass product wAnufacturing p p Handcraft industries p Laundries and dry dearft pWVa cup Lumber and wood pwduct p Metal products fabrication, wtaddne/weking skwps p Paper prodW minukouring p Panda and tubber product p printing and pumwft P • RrAm veriding machines r r P - small collection facility it p P Research and develoment &D) p Scall scale Tmutseuring p Warehousinz wholesalinx and distribution p ICEY TO PERMIT REQUIREMENTS Notes (1) See Article VI for definitions of each of the land uses listed. (2) See for Development Review requirements for all uses. Continued M next page Diamond Bar Devel aunt Code Article II - Zoning Districts - a II -19 Commercial/ Industrial Zoning Districts 22.10 TABLE 2-6 - ALLOWED USES AND PERMIT REQUIREMENTS FOR COMMERCIAL/INDUSTRIAL ZONING DISTRICTS (Continued) CREATION, EDUCATION & PUBLIC ASSEMBLY USES standards Adul ;USUICSSW c -1C_2 C-2 C-3 I in Section: Clubs, lodges, and private meeting hails eip r 22.42.020 Community/cultural centers CUP CUP Cultural fiLdlities, libraries and museums P CUP Health/fitness facilities P P Indoor asnusement/mUertabLumt facilities icili CUP CUP Outdoor recmation CUP CUP Religious placa of wmrddp CUP CUP CUP CUP Schools - NW and rivate P P Schools - Specialized education and p p P Studios -Art, dance, nunic, etc. CUP CUP CIJP Notes: (1) See Article V1 for definitions of each of the land uses listed. (2) See Chapter 22.48 for Development Review requirements for all uses. Continued an next page Diamond Bar Develo puwnt Code Article H - Zoning Districts 111-20 Commercial/ Industrial Zoning Districts TABLE 2-6 - ALLOWED USES AND PERMIT REQUIREMENTS FOR COMMERCIAL/INDUSTRIAL ZONING DISTRICTS (Continued) 22.10 -- Alcoholic beverage sales, off-site (3) - p p %--o , m xctton• p Alcoholic beverage sales, on-site l-Np Mvp MUp Art, antique, collectable, and zift sales —P—T P Auto and vehicle sales/rental CUP Auto parts sales P P Auto sales, indoor ordy P Bakery, retail P P P Bars and nizht dubs cup cup cup Building material stares P Certified farmers market P Convenim+ce atoees P P P p Drive-in and drive-through sales CUP 07 ca Fueling statiom psolirw and electric only P P P P Furniture, bxmishbmm and appliance storesp P General retail stores P P G stores P P Mobile home and recreatioeal vehicle sales VP p Outdoor retail sales and activities P P 22.42.080 Pec P P Plant nurseries and garden supply stores P P Restaurants P P P Restaurants with outdoor dining MUp MUp MUp Second hand stores P P Shopping center CUP CUP Warehouse retail stores Ep I14:1)b el; o ff Notes: (1) See Article VI for defWtions of each of the land uses listed. (2) See Chapbr 22.48 for Development Review requirements for all uses (8) SW be a tt*Wnum of 100' from any school Continued m next page Diamond Bar Devel,patent Code Article H - Zoning Districts it d: s ct>ys j c 5,1998 H-21 Commercial/ Industrial Zoning Districts TABLE 2-6 - ALLOWED USES AND PERMIT REQUIREMENTS FOR COMMERCIAL/INDUSTRIAL ZONING DISTRICTS (Continued) SERVICE USES ".10 See standards Ambulance services . .. ...... 3�__z C-3 1 in Section: Automated teller machines (ATMs) Pr<atitesd uft Z=ft clearance required. (2) P P P CUP Utility tinu P P Telecommunicadong facilities P 22jm58 Banks and financial services P — 22A2.130 P r7 - v4dcte and kowe W.Wh. T— P cup CUP Bed and breakfast inns CUP CUP Business ripport services P P P Car wash Child day cam CUP cup CUP CUP Drivemin and 40v&4%rough sw4icso CUP CUP CUP 72.42-040 22.42.050 Equipment Mftj (CMIstruction equipawlt etc.) CUP CUP CUP Hotels and motels P P Medical nn*n - Clinics and labs — P P P Medical services - Hospitals CUP CUP CUP — Often - accessory to Printary use P P P —Offices - business and professional P P P Personal services P P P Pnwhk readers CUP CUP Public safetv facilities P P P P Public utas tv facilities P P P P Repairservicep Service Stations P P P P P Storage, outdoor Storage, indoor P P 22.42.090 P P Vehicle services - Maintmmuma/minomr repair P P P Vehicle services -Major repair/body work CUP P Veterinary clinics and animal hospitals ClipMID P TRANSPORTATION & C0hdhff1MrATVnhM ir to= r. . - See standards Heliports . .. ...... in Section: . . .... CUP Parking focilities-vehicle — Pr<atitesd uft Z=ft clearance required. (2) 22im 46 CUP CUP Utility tinu P P P P Telecommunicadong facilities P 22jm58 Transit swims UW terounob F — 22A2.130 P r7 - v4dcte and kowe W.Wh. T— cup CUP 1� M QI= JMUCMM VIL We definidens of each of the land ug" lilted. (2) Set Chapter 22AS for Development Review requirement, for an uns. M TUuswwanintinas 11M7)fugdft " be pnWftd proud to ths dMdK6 Contained within Ord=M ML 4-A 22-10.040 - Commercial/Industrial District General Development DiamondBar Devel t Code Article H - Zoning Districts M 11-22 . .. ...... ..... . .. ........ . ... ... . Clxitnre m . . .... .......... ........ . ....... . .... .... .... ... P. Pr<atitesd uft Z=ft clearance required. (2) 22im 46 use, Mince Use Permit requirecL (2) 22,a rte, CUP Caditlanai use, conditional use Permit required. (2) 22jm58 I Uft 201 d* -S& (SM =04=1; H regarding uses not listed.) 1� M QI= JMUCMM VIL We definidens of each of the land ug" lilted. (2) Set Chapter 22AS for Development Review requirement, for an uns. M TUuswwanintinas 11M7)fugdft " be pnWftd proud to ths dMdK6 Contained within Ord=M ML 4-A 22-10.040 - Commercial/Industrial District General Development DiamondBar Devel t Code Article H - Zoning Districts M 11-22 Special Purpose Zoning Districts 22.12 TABLE 245- ALLOWED USES AND PERMIT REQUIREMENTS FOR SPECIAL PURPOSE ZONING DISTRICTS See standards 0 RECRRATtrbin RnrrrA*rrnwr errs. r� . See standards ---- - Cultural facilities. libeariesandTmcreathio-n r,v w P REG in Section: P Equestrian facilities CUP p Outdoor recreation Np P Part, 4 and public facilities CUP P Recreational vehicle park P P RehgKxn lace & womllip CUP CUP Schools - Cakys and universities P P Schools - Public and ivate P P RESiDEMIAL USES See standards AG OS REC in Section: Home occupationg P P 22.42.070 Residential accessory uses and structuess P P 22A2.110 Sin famil dwell p p SERVICE USES See standards AG OS REC in Section: See standards COWAUNICATIONS USES AG OS REC in Section P P facilities p 77 Al n stn Notes (1) See Article VI for definitions of each of the land uses listed. (2) See C l apeer 22.48 for Development Review requirements for all uses. M Telawa sisMdsse IsdM in suer bsPsnN Pwsasm u tlr lumkn s ssmN A wilds wdimm rs. 4.1(1 M Diamond Bar Dewe went Code Article II _ Zoning Districts 0 44lt00p, § f Q' C9C�y,N.G Special Purpose Zoning Districts 22.12040 - Special Purpose District General Development Standards 22.12 A. General development standards. Subdivisions, new land uses and structures, and alterations to existing land uses and structures, shall be designed, constructed, and/or established in compliance with the requirements in Table 2-9, in addition to any other applicable requirements of this Chapter, and the development standards (e.g., landscaping, parldng and loading, etc.) in Article III (Site Planning and General Development Standards). B. SP (Specific Plan) district development standards. Standards for development and new land uses within the SP (Specific Plan) zoning district shall be determined by the applicable Specific Plan. Diamond Bar Development Code A-ticle U -Zoning Districts Hearing Draft - December 9, IM 13-32 General Property Development and Use Standards 22.16 C. Exhaust emissions. The South Coast Air Quality Management District (SCAQMD) has established daily and quarterly significance thresholds for construction exhaust emissions, as identified in the California Environmental Quality Act (CEQA) Air Quality Handbook. All land use activities shall be conducted in a manner consistent with the provisions of the South Coast Air Quality Management Plan. Exhaust emissions shall be calculated for each stage of grading and construction proposed. If exhaust emissions from construction activities (including fugitive dust) exceed daily or quarterly significance thresholds, the project applicant shall coordinate with the SCAQMD to determine the appropriate mitigation measures to minimize exhaust emissions, including prohibiting truck idling in excess of two minutes, and shall be subject to compliance with the SCAQMD Rules and Regulations pertaining to construction emissions (i.e., Rule 403 as amended). 22.16.040 - Environmental Resource Protection Development proposals shall be evaluated in compliance with the California Environmental Quality Act (Public Resources Code Section 21;000 et seq), City and General Plan environmental policies including, but not limited to, open space habitat, sensitive biological and botanical resources; rare, threatened and/or endangered species; air quality; mineral resources; archaeological resources; and geologic hazards. 22.16.050 - Exterior Lighting A. Exterior fixtures. Lighting fixtures shall be architecturally compatible with the character of the surrounding structure(s) and shall be energy efficient. Fixtures shall be appropriate in height, intensity, and scale to the use they are serving. Generally, pole -mounted fixtures shall be low in height (20 feet or less) and be equipped with light shields to reduce or eliminate light spillage beyond the projects boundaries. B. Intensity. The level of parking lot light projected onto any ground or wall surface shall not be an average of between one and 49s-tkarrtwo footcandles. The uniformity ratio (average to minimum) shall not exceed 6:1. rter ntere Wmn five feeteartd4erat Pedestrian walkways, plazas, and courts shall have a light level at the ground surface of one footcandle. The electrical plan or lighting plan shall demonstrate the dispersal of light on the ground surface and compliance with the requirements of this Subsection. Building - mounted decorative lights shall not exceed five footcandles measured five feet from the light source. C. Security lighting. Security lighting shall be provided in all nonresidential zoning districts at building entrances/exits. Security lighting shall provide a minimum of two footcandles and a maximum of three footcandles at the ground level of the entrance. D. Shielding. Where the light source is visible from outside the project boundary, shielding shall be required to reduce glare so that neither the light source nor its image from a Diamond Bar Development.Code Article III - Site Planning t` attticli i2evlgiime............ II[•7 General Property Development and Use Standards 22.16 reflective surface shall be directly visible from any point five feet or more beyond the property line. This requirement shall not apply to single-family residential uses, traffic safety lighting, or public street lighting. E. Recreational court lighting. The following standards shall apply to the lighting of outdoor recreational courts: 1. Light fixtures shall not be located closer than 10 feet to the nearest property line. 2. Fixtures shall be of a type that is rectangular on a horizontal plane. The outside of the fixture, arm, and supporting pole shall be coated with a dark, low reflectance material. 3. Light fixtures shall not be located more than 18 feet from the court surface. 4. Not more than one light fixture per 900 square feet of court surface is allowed, with a maximum of eight poles and fixtures per recreational court. 5. Light fixtures shall be supported by an arm extending at least 4 feet from a support pole. 6. Light fixtures shall be designed, constructed, mounted and maintained so that, with appropriate shielding, the light source is completely cut off when viewed from any point five feet or more beyond the property line. The incident light level at a property line shall not exceed one foot-candle measured from grade to a height of 12 feet. The incident light level upon any habitable building on an adjacent property shall not exceed .05 foot-candle. 7. Recreational court lighting shall not be operated between 10:00 p.m. and 7:00 a.m. on weekdays and between 11:00 p.m. and 7:00 a.m. on Saturdays and Sundays. 8. In the event that an illuminated court surface is visible from another parcel, the court surface shall be treated with a low reflectance, dark -colored coating. 9. Provisions of this Subsection may be waived or modified through the approval of a Minor Conditional Use Permit in compliancewith t 22.56. 22.16.060 - Height Measurement and Height Limit Exceptions All structures shall meet the following standards relating to height, except for fences and walls, which shall comply with IipGx 22.20 (Fences, Hedges, and Walls). A. Maximum height. The height of structures shall not exceed the standards established by the applicable zoning districts in Article II (Zoning Districts and Allowable Land Uses). Maximum height shall be measured avetage firdsted grade from the natural or finished grade adjacent to any point at each exterior wall of the structure to the highest point of the roofline, above and parallel to the Diamond Bar Development Code Article III - Site Planning !Er ty Cc ! siur jttrt lei ..7 llI- Fences, Hedges, and Walls 22.20 2. Suitable landscaping can be installed adjacent to the existing wall to supplement and enhance the desired physical separation; 3. The existing wall can be protected with wheel stops or curbs to prevent vehicle damage, if necessary; and 4. Concurrence of the adjacent property owner can be obtained, to modify the existing wall to meet the requirements of this Section. 22.20.070 - Special Wall and Fencing Requirements A. Swimming pools, spas and similar features. Swimming pools, spas and other similar features shall be fenced in compliance with requirements of the Unfform Building Code. B. Outdoor equipment, storage and work areas. Screenin of outdoor uses and equipment and activities shall be provided in compliance with .16.080 (Screening). C. Temporary fencing. Temporary fencing used during site preparation and construction shall be subject to the approval of the Director. D. Fence and wall design. Fence or wall design shall be uniform throughout Ardy+rnte type of fenee or site! 11 1 be aHow_!_I wit a multi -family or nonresidential developme or single-family subdivision. develepmere! Perimeter fences/walls adjoining public rights-of-way shall be articulated by providing a minimum three-foot deep by six-foot long landscaped recession for every 50 feet of continuous wall. The design shall include an appropriate a mix of materials and finishes that ere cosMatihle with the overall design of the project. subject to the approvei of t! te Direeter. This requirement is in addition to any parkway landscaping within the public right-of-way. 22.20.080 - Prohibited Fence Materials A. Barbed wire. Barbed wire, razor wire, and other similar materials shall not be permitted as part of any fence or wall in ; and B. Chain link. The use of chain-link fencing shall not be allowed on a residentially zoned or developed property within a required yard area Bic. ts a ptalwerty adjacent to a street. MUM wed-to-the-faBewi:ts Diamond Bar el�F!y t Code Article III - Sibe Planning 1II-29 Fences, Hedges, and Walls [��•a �.ra• w2 a -I ■hof �f• rl�-w:>.•a %r aa��tlt•al1-/� a f•l1\'�.i\-3\\t•�\��;•l7at/ aw�•a alp 22.20.090 - Authority to Waive or Modify Requirements 22.20 The Hearing Officer may waive or modify the requirements of this Section in compliance with the provisions of 22.56 (Minor Conditional Use Permits) a of. Diamond Bar Development Code Article M - Site Planning �i rEIS111-30 Conventional Landform - Pian View Landform - Oblique View Fignre 3-14 Mamaad Dar D"doramt Code Aidde ID •SiteZ l7aan e HuAng Draft - Deeemb w 1.1997 III Hillside Management 22.22 4. Use of variable slope ratios. The use of landform grading designs, creates valleys and concave indentations on building pad areas which can result in a net loss of buildable area. Two methods shall be allowed to offset this loss: a. Pad areas lost due to concave indentations will be counted towards meeting the open space or landscape area requirements for the development. b. Segments of a cut or fill slope wili be sHow may be designed with variable slope ratios less than 2:1 (horizontal to vertical), but not less than 1.5:1 within the following guidelines: 1) A geotechnical engineer shall demonstrate by analysis and certify that slopes so designed will meet standard stability requirements; 2) Overall ratio from toe to toe will be a maximum of 2:1 or greatea, and 3) Ratios greater than or less than 2:1 will also may be used in the slope design. (See Figure 3-15) B. Grading standards. 1. Finished slopes shall not be created go eatei th8t 810 Steeplev greater than 50 percent (2:1) except adjacent to a structure where the created slope is limited to a maximum of 67 percent (15�-or less. (1.5:1) 2. Grading shall be phased so that prompt revegetation or construction will control erosion. Where possible, only those areas that will be built on, resurfaced, or land- scaped shall be disturbed. Top soil shall be stockpiled during rough grading and used on cut and fill slopes whenever feasible. Revegetation of cut and fill slopes shall occu r within three months of grading completion. 3. Grading operations shall be planned to avoid the rainy season, October 15, to April 1 Grading permits may be issued any time of year when a plan for erosion control and silt retention has been approved by the City Engineer. 4. Excavation or other earth disturbance shall not be allowed on a hillside area prior to the issuance of a grading permit with the exception of drill holes and exploratory trenches for the collection of geologic and soil data. EXplOratOry trenohes and sooess roads should be property bookfllled and erosion treatment and rewgatation provided. old U! —!-- n treshnent provided where slopes exceed 20 pereent 5. No point on any structure subject to the provisions of this Chapter shall be closer to a prominent ridge than 0 feet measured vertically on a cross section, And in no case, shall the roof line or any other portion of a structure extend above the line of sight between a ridge line and any public right-of-way, whether the ridgeline is above or below the right-of-way. Diamond Bar Development Code Article III -Site Planning M-44 Hillside Management 22.22 7. Cul-de-sacs maybe allowed to a maximum of 1,000 feet in length , 8. All other street improvement standards shall conform to the standard plans and specifications for public streets of the City. 9. The Commission or Council may approve modifications to the above standards provided the modifications are in substantial conformance with the objectives stated in this Section. B. Access, trails, and roadway guidelines. 1. Roadways and driveways, where feasible, should conform to the natural landform. They should not greatly alter the physical and visual character of a hillside by creating large notches in ridgelines, defining wide straight alignments, or by building switch- backs on visually prominent hillsides. Split sections and parking bays should be utilized in the layout of hillside streets. (Figure 3-28) This Reduce grading by aligning toads along natural grades. Figure 3-28 Not This Avoid running roads counter to steep grades. 2. Where road construction is allowed. in hillside areas, the extent of vegetation disturbance and visual disruption should be minimized by the combined use of retaining structures and regrading to approximate the natural slope. The following techniques should be used where feasible. a. Utilize landform revegetation planting in order to create a natural appearance and provide a sense of privacy. b. ' Reduce the visual and safety impacts by use of terraced retaining walls and landscaping. Diamond Bar Development Code Article Ill - Site Planning M-53 Hillside Management 22.22 c. Split roadways increase the amount and appearance of landscaping and the median can be used to handle drainage. (Figure 3-29) No Parking Roadway Separa e Sidewalk Steep Slopes Stabilize and reforest distributed banks. Parking Bay Split Section Split Section ' Roadway Roadway Steep Slopes j Possible Trail Roadway Sidewalk Flatter Slope Figure 3-29 Diamond Bar Development Code Article III - Site Planning Hearing Draft - December 9,1997 Hillside Management 22.2.2 22.22.140 - Fire Protection Standards A. Development shall be constructed to reduce the potential for spread of brushfire. 1. In the case of a conflict where more restrictive provisions are contained in the Uniform Building Code or in the Fire Code, the more restrictive provisions shall prevail - 2. Roofs shall be covered with noncombustible materials as defined in the Building Code. Open eave ends shall be stopped in order to prevent bird nests or other combustible material lodging within the roof and to preclude entry of flames. I Exterior walls shall be surfaced with noncombustible or fire resistant materials. 4. Balconies, patio roofs, eaves and other similar overhangs shall be of noncombustible construction of shall be protected by fire-resistant material in compliance with the Building Code. B. All development shall be constructed with adequate water supply and pressure for all proposed development in compliance with standards established by the Fire Marshal. C. A permanent fuel modification area shall be required around development projects or portions thereof that are adjacent or exposed to hazardous fire areas for the purpose of fire protection. The required width of the fuel modification area shall be based on applicable Building and Fire Codes and a Fire Hazard Analysis Study developed by the Fire Marshal. In the event abatement is not performed, the Council may instruct the Fire Marshal to give notice to the owner of the property upon which the condition exists to correct the Prohibited condition. If the owner fails to correct the condition, the Council may cause the abatement to be performed and make the expense of the correction a lien on the property upon which the conditions exist. D. Fuel modification area shall incorporate soil erosion and sediment control measures to alleviate permanent scarring and accelerated erosion. E. If the Fire Marshal determ mes in any specific case that difficult terrain, danger of erosion, or other unusual circumistanoes make strict compliance with the clearance of vegetation undesirable or impractical, the Fire Marshal may suspend enforcement and require reasonablealternative measures designed to advance the purposes of this Chapter. F. Special construction features may be required in the design of structures where site investigations confirm potential geologic hazards. Diamond Bar Denlopment C-3de Ar&k M -'Site Planning Hearing Draft - December 9, -397 M-63 Hillside Management 22.22 22.22.150 - Evaluation of Conditional Use Permit Application The Commission shall evaluate a Development Review Conditional Use Permit application for hillside development based on the following objectives and the required findings for Conditional Uses in compliance with C= 22.4058: A. The preservation of natural topographic features and appearances by means of landform grading so as to blend manmade or manufactured slopes into the natural topography; B. The preservation of natural topographic features and appearances through restrictions on successive padding and terracing of building sites; C. The retention of major natural topographic features, drainage courses, steep slopes, watershed areas, vernal pools, view corridors, and scenic vistas; D. The preservation and enhancement of prominent landmark features, significant ridgelines, natural rock outcroppings, proatinent protected trees and woodlands 2M.38 - 7*00 X2W4&S0W9Wn1U40JM sand protection), and other areas of special natural beauty; E. The utilization of varying setbacks, building heights, foundation designs and compatible building forms, materials, and colors which serve to blend buildings into the terrain; F. The utilization of clustered sites and buildings on more gently sloping terrain so as to reduce grading alterations on steeper slopes; G. The utilization of building designs, locations, and arrangements which serve to avoid a continuous intrusive skyline effect and which afford view privacy and protection; H. The preservation and introduction of plant materials so as to protect slopes from soil erosion and slippage and minimize the visual effects of grading and construction of hillside areas; and L The utilization of street designs and improvements which serve to minimize grading alterations and harmonize with the natural contours and character of the hillsides. Diamond Bar Develooment Code Aracie M =sive-6 M4 Noise Control "??8 22.28.070 - Noise Zones Designated Receptor properties described in this Chapter are assigned to the following noise zones: A. Noise zone I, noise -sensitive area; B. Noise zone 11, residential properties; C. Noise zone III, commercial properties; and D. Noise zone IV, industrial properties. 22-28.080 - Exterior Noise Standards A. Standards for noise zones. Unless otherwise provided in this Chapter, the following exterior noise standards shall apply to all receptor properties within a designated noise zone. TABLE 3-9 EXTERIOR NOISE STANDARDs Designated Noise Exterior Zone Land Use Noise Zone (R for ) Time Interval . Noise Level (dB) I ; Noise -sensitive area Anytime 45 11 Residential properties i 10:00 p.m. to 7:00 am. 45 (nighttime) 7:00 a.m. to 10:00 p.m. 50 (daytime) III Commercial properties 10:00 P.M. to 7:00 a.m. Sg (nighttime) 7:00 a.m. to 10:00 p.m. 60 (daytime) IV Industrial properties Anvtime 70 B. Noise standards. No person shall operate or cause to be operated, a source of sound location within the City or allow the creation of a noise on property owned, leased, occupied, or otherwise controlled by a person that causes the noise level, when measured on any other property to exceed the following exterior noise standards: 1. Standard No. L Standard No. 1 shall be the exterior noise level that may not be exceeded for a cumulative period of more than 30 minutes in any hour. Standard No. 1 shall be the applicable noise level from Subsection A, or, if the ambient L50 exceeds the foregoing level, then the ambient Lm becomes the exterior noise level for Standard No. 1. Diamond Bar Development Code Article III - Site Planning Hearing Draft - December 9,1997 III -83 Noise Control 22.28 exceeds the foregoing level, then the ambient Lis becomes the exterior noise level for Standard No. 2. 3. Standard No. 3. Standard No. 3 shall be the exterior noise level that may not be exceeded for a cumulative period of more than 5 minutes in any hour. Standard No. 3 shall be the applicable noise level from Subsection A, plus 10dB; or, if the ambient l.s_3 exceeds the foregoing level, then the ambient Lea becomes exterior noise level for Standard No. 3. 4. Standard No. 4. Standard No. 4 shall be the exterior noise level that may not be exceeded for a cumulative period of more than one minute in any hour. Standard No. 4 shall be the applicable noise level from Subsection A, plus 15dB; or, if the ambient I-,,, exceeds the foregoing level, then the ambient I.1-, becomes the exterior noise level for Standard No. 4. S. Standard No. 5. Standard No. 5 shall be the exterior noise level that may not be exceeded for any period of time. Standard No. 5 shall be the applicable noise level from Subsection A, plus 2OdB; or, if the ambient 4 exceeds the foregoing level then the ambient 1,1.7, becomes the exterior noise level for Standard No. 5. C. Noise at zone boundaries. If the measurement location is on a boundary property between two different zones, the exterior noise level used in Subsection B to determine the exterior standard shall be the arithmetic mean of the exterior noise levels, as specified in Subsection A, of the subject zones. Except as provided for in this Subsection, when an intruding noise source originates on an industrial property and is impacting another noise zone, the applicable exterior noise level as designated in Subsection A shall be the daytime exterior noise level for the subject receptor property. D. Measurement of ambient noise histogram. The ambient noise histogram shall be measured at the same location along the property line utilized in Subsection B of this Section, i with the alleged intruding noise source inoperative. If for any reason the alleged intruding noise source cannot be turned off, the ambient noise histogram will be estimated by performing a measurement in the same general area of the alleged intruding noise source but at a sufficient distance so that the noise from the alleged intruding noise source is at least 10 dB below the ambient noise histogram. If the difference between the ambient noise histogram and the alleged intruding noise source is 5 to 10 dB, then the level of the ambient noise histogram itself can be reasonably determined by subtracting a one decibel correction to account for the contribution of the alleged intruding noise source. E. Abatement notice in lieu of citation. If the intrusive noise exceeds the exterior noise standards provided in Subsections B and C of this Section at a specific receptor property and the Director has reason to believe that this violation was unanticipated and due to abnormal atmospheric conditions, the Director shall issue an abatement notice in lieu of a citation. If the specific violation is abated, no citation shall be issued. If the specific violation is not abated, the Director may issue a citation. 22.28.090 - Interior Noise Standards for Residential Uses A. Noise standards for residential units. No person shall operate or cause to be operated within a residential unit, any source of sound, or allow the creation of any noise, that causes the noise level when measured inside a neighboring receiving residential unit to exceed the following standards: Diamond Bar Development Code Article III - Site planning Hearing Draft - December 9,1997 III -8g CHAPTER 22.34 - PROPERTY MAINTENANCE STANDARDS 22.34.010 - Purpose 22.34.020 - Applicability 22.34.030 - Single-family Standards 22.34.040 - Multi -family Standards 22.34.050 - Commercial Standards 22.3CO60 - Industrial Standards 223CO70 - Abatement Procedures 22.34.OM0 - Purpose This Chapter provides for the abatement of conditions that are offensive or annoying to the senses, detrimental to property values and community appearance, an obstruction to or interference with the comfortable enjoyment of adjacent property, or hazardous or injurious to the health, safety, or welfare of the general public in a manner which may constitute a nuisance. 22.34.020 - Applicability The standards for property maintenance provided in this Chapter apply to all properties within the City, except where otherwise provided in this Chapter. 22.34.030 - Single-family Standards A. Storage in front yard/side yard abutting a street. 1. The entire front yard visible from an adjacent street or sidewalk, shall be kept and maintained hu and dear of all construction and automotive materials or parts, trash, refuse, dabcb, twh storage receptacles, inoperative weber vehicles, dismounted bodies, discarded or broken materials, appliances, equipment or similar materials 2. Emmy or minor repairs to a motor vehicle owned by a person residing upon the parcel may be conducted on a meter vehicle upon a paved driveway or paved parking area. Repair shall be concluded within 10 consecutive days of the commencement thereof or up to 30 days at the discretion of the Director. 3. Interior side yard and side yards abutting a street shall be maintained in a clean and orderly gunner. & Mebee- Vehicle parking. I. Parking of mebervehicles, including recreational vehicles, on a single-hunily parcel shall occur within a garage, or carport, or upon a driveway or other allowed paved parking area. U parked on a side yard, an open pedestrian walkway at least 36 inches in width shall be maintained on one side yard for public safety access purposes. ■ Property Maintenance Standards 22.34 2. No person shall park or store a commercial vehicle, co: :nercial trailer or related commercial equipment for a period in excess of 72 he urs. No more than two commercial vehicles or trailers may be parked on a parcel at any one time. C�� 17lA 1 w ��n� 11 ✓ uuuu i� - -- _ W. , when dtey- display evidence of exterior dilapidated conditions. C. Structure maintenance. All structures shall be maintained in a structurally sound, safe manner with a clean, orderly appearance. Any physical damage or deterioration (e.g., broken windows/doors, leaking roof, etc.) peeling paint, graffiti, or other types of damage or deterioration shall be repaired as soon as possible. Graffiti shall be removed within 72 hours by the owner/occupant of the structure. D. Landscape maintenance. All landscaped areas within the front d or side yard abutting a street shall be kept in a neat and clean condition, substantiall,. -ee of debris and dead, diseased or dying vegetation, and broken or defective decorative elements of the landscaped area. Foliage in landscaped areas shall be mowed, groomed, trimmed, pruned and adequately watered so as to maintain a healthy growing condition. Irrigation systems shall be maintained to prevent public health or safety hazards. E. Fence and wall maintenance. Zorting district sitail be maintained .1 Y sound, F I free OF any te All structures shall be maintained In a structurally sound, safe manner with a clean, orderly appearance. Any physical damage or deterioration ., roopeeling paint, loose boards, graffiti, or other types of damage or deterioration shall be repaired as soon as possible. Graffiti shall be removed within 72 hours by the ownerloccupant of the structure. .19 22.34.040 - Multi -family Standards A. Storage yards. I. The entire front yard and side yard abutting a street shall be kept and maintained free and clear of all construction materials, automotive parts, trash, refuse, debris, trash storage receptacles, inoperative motor vehicles,+ boats campwo—afflger shells, discarded or broken materials, appliances, furniture, junk, equipment or similar materials. All rubbish, trash and debris shall be kept within approved trash enclosures. 2. Emergency or minor repairs of a motor vehicle owned by a person residing upon the parcel may be conducted on a motor vehicle upon a paved driveway. Repair shall be Diamond Bar.Io pa�t3e�nt Code Article M - Site Plannin 7. ..... '' f 94 III -118 Property Maintenance Standards 22.34 concluded within 10 consecutive days of the commencement thereof or a maximum of 30 days as approved by the Director. B. Storage in garages and carports. No storage of materials, including, but not limited to, trash and trash receptacles, newspapers, building and automotive materials, landscape maintenance tools, equipment, debris, inoperative motor vehicles, camper shells not mounted on motor vehicles or boats and trailers shall be permitted within a garage or carport so as to restrict the parking of an operative motor vehicle in the required parking spaces. C. Motor vehicle parking. 1. All parking of motor vehicles tdirys( shall occur only within a garage, carport, or upon a driveway or other paved parking area that is in compliance with the parking requirements of this Development Code. 2. No person shall park or store a commercial vehicle, trailer or related equipment for a period in excess of 72 hours. No more than two commercial vehicles shall be parked on a parcel at any one time. D. BuilatS Structure maintenance. A44 buildings, conditions.maintailted so 89 flat to Constitute a public All structures shall be maintained in a structurally sound, safe manner with a clean, orderly appearance. Any physical damage or deterioration (e.g., broken windows/doors, leaking roof, etc.) peeling paint, graffiti, or other types of damage or deterioration shall be repaired as soon as possible. Graffiti shall be removed within 72 hours by the owner/occupant of the structure. E. Landscape maintenance. All landscaped areas within the front yard or side yard abutting a street shall be kept in a neat and clean condition, substantially free of debris and dead, diseased or dying vegetation, (e.g., dead branches, palm fronds, lawns, etc.) and broken or defective decorative elements of the landscaped area. Foliage in landscaped areas shall be mowed, groomed, trimmed, pruned, and adequately watered so as to maintain a healthy growing condition. Irrigation systems shall be maintained to prevent public health or safety hazards. F. Fence and wall main .Ail structures shall be maintained in a structurally sound, safe manner with a clean, orderly appearance. Any physical damage or deterioration (e.g., broken windows/doors, Faking roof, etc.) peeling paint gra M, or other types of damage or debrioradon shall be nipaired as soon as possible. Graffitl shall be removed within 72 hours by the.ownedoccupant of the structure. G. Maintenance of parking and similar areas. Parking, loading, storage, driveway and vehicle maneuvering areas shall be kept and maintained so as not to detract from the Diamond Bar Development Code Article M -Site Plannin +pril 22`19E18 III -11 Property Maintenance Standards 22.34 appearance of adjacent properties and to protect the health, safety and welfare of the user, occupant and general public. Areas shall be kept in a neat and clean condition, free of trash, debris or rubbish, and free of potholes, sinkholes, standing water, cracks and/or broken areas. Parking space and pavement striping and signs shall be repainted, refurbished and/or replaced when they become faded, damaged or destroyed to an extent that they are no longer effective. Parking areas shall be periodically resurfaced or sealed to minimize seepage of water into the ground below. 22.34.050 - Commercial Standards A. Storage in yards. Storage within front, side, and rear yard areas approved in compliance with this Development Code shall be maintained in a neat and orderly fashion and shall contain only items and/or vehicles incidental to the business, or owned by the business or owner of the business. B. Motor vehicle parking. 1. Parking of motor vehicles shall occur on paved parking areas in compliance with Chapter 22.30 (Off -Street Parking and Loading Standards). 2. No person shall park or store any commercial vehicle, trailer or related equipment for a period in excess of 72 hours. No more than two commercial vehicles maybe parked on any parcel at any one time. C' Bt&'d'+S Structure maintenance. Buildings, structures and paved areas shall be kept and maintained in a manner so as not to detract from adjacent properties and to protect the health, safety and welfare of the user, occupant and general public. Buildings, structures and Pam areas shall be deemed substandard and in violation of this Chapter when they display evidence of exterior dilapidated conditions. All structures shall be maintained In a structumft sound, Oak manner with a clean, orderly appearance. Any physical damage or Isrioratlon (e.g., broken windows/doom, leaking roof, etc.) peeling Paint. graffitl, or other types of damage or deterioration shall be repaired as soon as possible. Graffid shall be removed within 72 hours by the owner/occupant of the structure. D. Landscape maintenance. All landscaped areas shall be kept and maintained in a manner so as not to detract from the appearance of adjacent properties and to protect the hea Ith, safety and welfare of the user, occupant and general public. Landscaped areas shall be kept in a neat and clean condition, free of weeds, debris, and dead, diseased, or dying vegetation, and broken or defective decorative elements of the landscaped area. Foliage in landscaped areas shall be mowed, groomed, trimmed, pruned, and watered as to keep the same in a healthy growing condition. Irrigation systems sha 11 be kept in good working condition to prevent public health hazards. Dlamond Bar Devel went Code >.>• ^>�.::�sx:�� Article III -Site Planning .:. •:..:.:.: ,:...::.::....:.�'Qip.J�;:: �..,.::,.:>�!�:: III -12 0 Property Maintenance Standards 22.34 E. Fence and wall maintenance. Fences and wails al All structures shall be maintained in a structurally sound, safe manner with a clean, orderly appearance. Any physical damage or deterioration ., broken windowsidowis, looking ocof, sto peeling paint, graffiti, or other types of damage or deterioration shall be repaired as soon as possible. Graffiti shall be removed within 72 hours by the ownerloccupant of the structure. F. 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. After one year a permanent solution shall be pursued. Diamond Bar Development Code Article III -Site Plannin W,► III -120 a Property Maintenance Standards 22.34 Maintenance of parking and similar areas. Parking, loading, storage, driveway and vehicle maneuvering areas shall be kept and maintained so as not to detract from the appearance of adjacent properties and to protect the health, safety and welfare of the user, occupant and general public. Areas shall be kept in a neat and clean condition, free of trash, debris or rubbish, and free of potholes, sinkholes, standing water, cracks and/or broken areas. Parking space and pavement striping and signs shall be repainted, refurbished and/or replaced when they become faded, damaged or destroyed to an extent that they are no longer effective. Parking areas shall be periodically resurfaced or sealed to minimize seepage of water into the ground below. 22.34.060- Industrial Standards A• Storage in yards. Storage within front, side, and rear yard areas approved in compliance with this Development Code shall be maintained in a neat and orderly fashion and shall contain only items and/or vehicles incidental to the business, or owned by the business or owner of the business. B. Motor vehicle parking. I. Parking of motor vehicles shall occur on paved parking areas in compliance with Chapter 22.30 (Off -Street Parking and Loading Standards). 2. No person shall park or store any commercial vehicle, trailer or related equipment for a period in excess of 72 hours. No more than two commercial vehicles may be parked on any parcel at any one time. C. Elai}dingStructure maintenance. BuRclings, All structures shall be maintained in a sbvcturaNy sound, rah manner with a clean, orderly appearance. Any physical damage or deterioration (e.g., broken windows/doors, leaking roof, etc.) peeling Paint, Waft or other types of damage or deterioration shall be repaired as soon as possible. Graffiti shall be removed within 72 hours by the owner/occupant of the structure. D. Landscape maintenance. All landscaped areas shall be kept and maintained in a manner SO as not to detract from the appearance of adjacent properties and to protect the health, safety and welfare of the user, occupant and general public. Landscaped areas shall be kept in a neat and clean condition, free of weeds, debris, and dead, diseased, or dying vegetation, and broken or defective decorative elements of the landscaped area. Foliage in landscaped areas shall be mowed, groomed, trimmed, pruned, and watered as to keep the same in a healthy growing condition. Irrigation systems shall be kept in good working condition to prevent public health hazards. °�Diam"dr iii wry m - Site �M i2# Property Maintenance Standards 22.34 E. Fence and wall maintenance. --Fenrese„a ,raHS At* .,...�.j a public. All structures shall be maintained in a structurally sound, safe manner with a clean, orderly appearance. Any physical damage or deterioration (e.g., broken windows/doors, leaking roof, etc.) peeling paint, graffiti, or other types of damage or deterioration shall be repaired as soon as possible. Graffiti shall be removed within 72 hours by the owner/occupant of the structure. F. Maintenance of parking and similar areas. Parking, loading, storage, driveway and vehicle maneuvering areas shall be kept and maintained so as not to detract from the appearance of adjacent properties and to protect the health, safety and welfare of the user, occupant and general public. Areas shall be kept in a neat and clean condition, free of trash, debris or rubbish, and free of potholes, sinkholes, standing water, cracks and/or broken areas. Parking space and pavement striping and signs shall be repainted, refurbished and/or replaced when they become faded, damaged or destroyed to an extent that they are no longer effective. parking areas shall be periodically resurfaced or sealed to minimize seepage of water into the ground below. E 22.34.070 - Abatement Procedures A. Public nuisance and nuisance per se. I. The authority to abate and impose sanctions. Enforcement of this Chapter shall be accomplishedd by the Director in any manner authorized by law. The procedures identified in this Chapter shall not be exclusive and shall not, in any manner, limit or restrict the City from enforcing other ordinances or abating public nuisances in any other manner provided by law. Whenever = Director determines that any condition exists in violation of this Chapter the officer shall take appropriate enforcement action in compliance with this Chapter. Notwithstanding the public nuisance abatement procedures, criminal and/ or civil remedies may be employed as determined to be necessary and provided by law. 2. Written notice. Whenever the Director has inspected the location of the alleged violation, and it has been found or determined that conditions constituting a nuisance exist, the Director shall prepare a notice and order and cause the owner of the property and the person, if other than the landowner occupying or otherwise in charge or control of property, to be notified in writing of the existence of the condition and/ or require an appearance before the Director at a stated time and place to show why the condition should not be abated by the City at the person' s expense. The notice and order to abate the determined public nuisance shall contain the following information: a. The street address and a legal description sufficient for identification of the property on which the condition exists; Diamond Bar �R"I�mmeI t Code wnide >II Site M 21 CHAPTER 22.36 - SIGN STANDARDS Sections: 22.36.010 - Purpose 22.36.020 - Applicability 22-36.030 - General Provisions for All Signs 22.36.040 - Sign Permits 22.36.0150 - Exemptions From Sign Permits 22.36.060 - Congxvhensive Sign Program 22.-'6.070 - Sign Design Guidelines 22.36.080 - Pr&&ited Signs 22.36.090 - Ncncanfcnr ing Signs 22.36.100 - Abandoned Signs 22.36.110 - IMMntWY and Abstmw t of Illegal and Abandoned Suns 2236.120 - Standards for Specific Types of Signs 2236.130 - Sign Standards by Toning District 22.36.010 - Purpose The purpose of this Chapter is to provide minimum standards to safeguard life, health, property and public welfare, and to preserve the character of the City by regulating the size, height, design, quality of materials, construction, location, lighting and sign structures not enclosed within a building,to a 8h�8 and mazntenaace of signs accomplish the following: A. Provide a reasonable and comprehensive system of sign controls; B. Encourage a desirable City character with a minimum of clutter, while recognizing the need for signs as a major form of communication; C. Provide for fair and equal treatment of sign users; D. Encourage signs that are well designed and pleasing in a incentive and latitude far variety, appearance by providing ety, good design relationship, spacing and location; E Provide for nu xbnum public convenience by properly directing people to various activities; and F. Promote public safety by providing that official traffic regulation devices be easily visible and free from nearby visual obstructions, including blinking signs, excessive number of signs, or signs resembling official traffic signs. 22.36.020 - Applicability A- The sign standards PrOVW*d in this Chapter are mtended to apply to signer in each zoning district in the City. Only signs authorized by this amper shall be allowed in that zoning district unless otherwise expressly provided in this Chapter. DiMmd Bas Development Code Ateide M •Site PLnaing Hea:ins Draft - Decembers 9,1997 III -129 Sign Standards 2236 B. If a new zoning district is created after the enactment of this Chapter, the have the authorityto make P Director shall regulations in Copliance widk determinations as to the applicability of appropriate sign PG'W (Interpretation of Development Code mvisio>ns) until this Chapter is amended to govern the new zoning district. 22.36.030 - General Provisions for All Signs A. Mairntertartce of signs„ Signs and supporting hardware, including temporary si shall be at maht'ined good repair and functioning properly at all tunes. Repairs to signs shall be of equal cc better in qualiLy of materials and design as the original 54- PL Signs which are not properly maintained and are dilapidated shall be deemed to be a public nuisan+c.. are S eigm are removed or replaced, all brackets, poles, and other supports that 1onW regtnr+ed shall be removed. Unpainted areas shall be painted to match the adjacent portion of the building or sign support stntNvre. B. h a- - Ie— —,'Of signhdgirr. S;gn height std be measured from the upper most part of the �t� Und at datermnung the area of the sign to the elevation of the 161111140 of the sign WP Of Ow nab of the public street or nursst the base of the at event on-site b& whid�ever is closer to the location of the sign Sign Is Closest to Curb Measured Sign Height Building s Street Curb' (grade level) Street Curb Sign Is Closest to Curb Measured Sign Height sign Curb • Building (grade level) ' Building (grade Measured Sign Height Sign Is Closest to Building Figure 3-43a Otenp�d : t de Ardcie ZII -.%be Pbumin III lO Tree Preservation and Protection 22.38 G. If access within the protection zone of a protected tree is required during the construction process, the route shall be covered in a six-inch mulch bed in the drip line area and the area shall be aerated and fertilized at the conclusion of the construction. H. When the existing grade around a protected tree is to be raised, drain tiles shall be laid over the soil to drain liquids away from the trunk The number of drains shall depend upon the soil material. Lighter sandy soils and porous gravelly material require fewer drains than heavy non -porous soils like clay. Dry wells shall be large enough to allow for maximum growth of the tree trunk. Dry well walls shall be constructed of materials that permit passage of air and water. 1. When the existing grade around a tree is to be lowered, either by terracing or a retaining wall, a combination may be used to lower grade. With either method, the area within the drip line shall be left at the original grade. The retaining wall shall be porous to allow for aeration. J. Trees that have been destroyed or that have received major damage during construction shall be replaced prior to final inspection. 22.38.150 - Post Decision Procedures A. Appeals. Decisions of the Director shall be considered final unless an appeal is filed in compliance with 22.74 (Appeals). The decision of the Director may be appealed to the Planning Commission. The decision of to the Commission may be appealed to the Council. B. Expiration/Extension. A Tree Removal Permit or Tree Pruning Permit shall be exercised within one year from the date of approval or other time frame that may be established wi th a discretionary permit approval. Time extensions, for up to a total of two additional years, may be granted in compliance with : ` 22.66 (Permit Implementation and Time Extensions). If a Tree Removal Permit or Tree Pruning Permit is not exercised within the established time frame, and a time- extension is not granted, the provisions of'Chapter 22.66 (Permit Implementation and Time Extensions) shall apply. C. Construction Monitoring. Monitoring of tree protection and restoration measures specified as conditions of approval shall be performed by site inspection conducted by the Director, or by an arborist. D. Revocation. A Tree Permit or Tree Pruning Permit may be revoked or modified, in compliance with. 22.76 (Revocations/Modifications), if it is found that the tree removal, relocation or protection activities: 1. Resulted from misrepresentation or fraud; 2. Has not been implemented in a timely manner; 3. Has not met, or has violated, any conditions of approval; Tree Preservation and Protection 22.38 4. Is in violation of any code, law, ordinance or statute; 5. Is detrimental to public health, safety or welfare; or 6. Constitutes a nuisance. E. Enforcement. 1. Any person who cuts, damages, or moves a protected tree in violation of this Chapter SW be deemed guilty of an infraction or misdemeanor in compliance wititi W-22.78-060 (Legal Remedies). :> 2. Violation of this Chapter during construction activity may result in an immediate stop - work order issued by the City, until permits are obtained along with proper mitigation. 22.38.160 - Tree Replacement Fund Moneys received by the City in lieu of replacement trees as provided for in22.38.13o (Tree Replacement/ Relocation Standards), or as civil penalties for violations of this Chapter shall be deposited in a Tree Replacement Fund and the City's general fund, respectively. Funds collected by the City for the Tree Replacement Fund and interest earned thereon shall be used solely for the planting of trees or other vegetation on publicly owned property. 22.38.170 - Buyers Awareness Package When a project contains trees that have been protected or planted under the requirements Of this Chapter, the developer shall provide buyers with information regarding the proper care of the trees. The information shall be specific to different tree species and include information on proper pruning techniques, pest and- disease control, fertilization requirements, watering needs, and other pertinent information about the particular tree species. Standards for Specific Land Uses 22.42 huill sity cupy Of a completed 'iUU1138 application made to of the public, above.obiltsixted available any inumbn ths hoonagatiull set foith D. Referral of application for investigation. The Deputy City Mmrqw Director shall refer the permit application to the Oty Sheriffs Department for an investigation to be made of the information as contained on the application. 1. After =the Sheriff Department's investigation, the designated head of the IaWW wilful cement Director 304114,rove the application within 20 days ofM. there unless one or more of the following findings is true; a. That the applicant, his or her employee, agent, partner, director, officer, controlling stock holder, or manager has knowingly made any false, misleading, or fraudulent statement of material fact in the application for a permit, or in any report or record required to be filed with any City or county agency or department. b. That on the data that the business for which a permit is required herein commences, or thereafter, there will be no responsible person on the premises to act as manager at all times during which the adult-oriented business is open. c. That an applicant is under 18 years of age. -Ij LOSS th= tM offeinve to, the JWV -Speci 6 296VU elapsed fled Ce 61111114M since the *Vta*" date If which of conviction the conviction dig sexon ve the date is of a isdadeniednoT 0 cr hoses eve 9 of Mean vist childe wit; I infludlow, but not limited to, dist, lbution of obscoulty, dist, lbuthan display, ov sale Standards for Specific Land Uses 22.42 III -167 a Standards for Specific Land Uses 22-42 . That the proposed business is located outside the Light Industry Zoning District or Is not in compliance with the separation requirements of Subsection F of this Section. 2. In the event that the information requested is not immediately available ,q.livlhirt >, the designated head of the law 61 force,.-* t 6-ItIty providing police so- vices to tills eftr the Sheriff's Department shall - If the application otherwise moots the requirements of this Chapter and the investigation conducted reveals none Of the factors set forth in Subsection 1., above - issue a report thereon and the permit Shall issue therefrom. Whereupon, the Director eltyrManager, or designee thereof, shall Issue the pormiL Should the information obtained materially vary from that on the application, the variance shall be cause to revoke the permit. 3. The City's decision to grant or deny the permit shall not Include information authorized or required to be kept confidential in compliance with Welfare and Institutions Code Sections 600 to 900. E. Transfer of Adult -Oriented Business Permits. 1. A permittee shall not operate an adult-oriented business under the authority of an Adult -Oriented Business Permit at any place other than the address of the adult- oriented business stated in the application for the Permit. 2. A pormittes shall not transfer ownership or control of an adult-oriented business or te 81121's, 811 Adult -no. learted business Per to another person unless and until the transferee obtains a new Permit front Hm designated hoad-of In compliance with Subsection C. 3. No Permit 1112Y be bansfened when the applicant has bomm-rotifled that the Penni 128 been 0, nmy be -suspended -p. -evoked. No permit issued in compliance with to this Chapter shall be transferrable. 4. Any attempt to transfer a permit either directly or indirectly in violation of this Section is hereby declared void, and the Permit shall be deemed revoked. F. - LocadoNseparation requirements. It Is unlawful to cause or allow the establishment of an adult arcade, adult bookstore, adult cabaret, adult motel, adult motion picture theater, adult theater, massage parlor or sexual encounter establishment within 500 feet of any other sknNara" business, religious Institution, school, or public park, or any property designated for residential use or used for residential purposes. G. Design standards. 1. No adult-sexnaffy-oriented business shall be located in any temporary or portable structure. Standards for Specific Land Uses 22.42 2. Trash dumpsters shall be enclosed by a screening enclosure fid, (` 1 lj so as not to be accessible to the public. 3. No landscaping shall exceed 30 inches in height, except trees with foliage not less than six feet above the ground. 0. All off-street parking areas and premise entries of the adult•sexually-orlented business shall be illunlnagd from dash to closing hours of operation with a lighting system which provides an average maintained horizontal illumination of one footcandle of light on parking surfaces and walkways. The lighting shall be shown on the site plan required by this Chapter. 5. The promises within which the adult- nxun t►•oriented business Is located shall provide suffidont sound -absorbing insulation so that noise generated inside said promise: shall not be audible anywhere on adjacent property, public rights-of-way or within any separate unit within the same building. I. The building entrance to the adult- sexually -oriented business shall be clearly and legibly posted with a notice indicating that persons under 18 years of age are precluded from entering the premises 7. All indoor areas of the adult•sexuaNyoriented business within which patrons are permitted. except restrooms, shall be open to view by the management at all times 8. All areas of the adult -sexually -oriented business shall be illuminated at a minimum of the following footcandles, minimally maintained and evenly distributed at ground level: S. The adult-sexua ft -c dented business shall provide and maintain separate restroom facilitles for male patrons and employees, and female patrons and employees. Male patrons and employees shall be prohibited from using the restroorn(s) for femv*w, and female patrons and employees shall be prohibited from using the restroom(s) for males, except to carry out duties of repair, maintenance and cleaning of the restroom facilities. The restrooms shall be free from adult-sexua8y- Standards for Specific Land Uses 22.42 MW The foregoing provisions of this paragraph shall not apply to a adult saudyoriented business which: () is not required to and does not provide restroom facdities to patrons or the general pubes and G) deals exclusively with sale or rental of adult•samatFv 10. Adult arcades shall comply with the following additional requirements: a. The interior of the premises shall be configured in a manner that from a manager's station there is an wwbstructed view of every area of the premises to which any patron is permitted access for any purpeee, exdudiq restrooms. If the premises has two or more designated manager's stations then the interior shall be configured in a manner that from at least one of the manager's stations there is an unobstructed view of each area of the promises to which any patron is permitted access for any purpose, excluding restrooms. The view required in this Subparagraph shall be direct line of sight from the designated manager's station. b. The view specified in Subparagraph a. shall at all times remain unobstructed by doors, walls, merchandise, display racks, or other materials. c. The wabs or partitions between viewing rooms or booths shall be maintained in good repair at all tunes. The walls or partitions between viewing rooms or booths shall not contain holes between any two rooms or booths as would allow either. G) viewing from one room or booth into another; or (ii) physical contact of any kind between the occupants of any two rooms or booths. 11. Adult cabarets and adult theaters, except for businesses regulated by the Alcoholic Beverage Control Commission, shah comply with the following additional requirements: a. Separate dress' room facilities for m0 '� entertainers, exclusively dedicated to the ....:....:... ... entertainers, use, shag be provided. b. An entrance/exit for entertainers, separate from the entrancelexit used by patrons, shall be provided. c. Access between the stage and the entertainers' dressing room facilities, completely separated from the patrons, shall be provided. If separate access is not physically feasible, a minimum thrmfoot-wide walk aisle between the entertainers, dressing room facilities, and the stage shall be provided. The walk aisle shall contain a railing, fence, or other barrier separating the patrons and the entertainers. The railing, fence, or other barrier shall be at least 30 inchaa in height and shall be sufficient to prevent any physical contact between patrons and entertainers. Standards for Specific Land Uses 22.42 emfagRngiTrvr simulating a "specified sexual activity" at the adult-oriented business. 4. No person at any adult-oriented business, regardless of whether or not said business is permitted under this Development Code, shall engage in a couch dance or straddle dance with an employee at the business who is displaying oi exposing any "specified Ainal'01116MIM di wig engagtd-in u, simulating a "specified sexual activity." 5. No employee of an adult-oriented business, regardless of whether or not a permit has been issued for said business under this, � +l o shall engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service, or solicit a service between the hours of 2:00 a.m. and 9:00 a.m. of any particular day. ON. Establishment of an adult-oriented business The establishment of an adult-oriented business shall include any of the following: 1. The opening or commencement of operation of any adult-oriented business as anew business. 2. The conversion of any existing business (whether or not an adult-oriented business) to any adult-oriented business. 3. The addition of any adult-oriented business to any existing adult-oriented businesses if the addition results in enlargement of the place of business. For the purposes of this paragraph, enlargement shall mean an increase in the size of the building within which the business is conducted by either construction or use of an adjacent building or any portion thereof, whether located on the same or an adjacent lot or parcel of land. P. Suspension or revocation of permits. Grounds for suspension or revocation. I. The Director Deputy City Managm shall suspend or revoke an Adult -Oriented Business Permit for the following causes: a. The permittee has knowingly made any false, misleading or fraudulent statement of material fact in the application, or in any report or record required to be filed with the City. b. The pormittoe, or an employee, owner, agent, partner, director, stockholder, or manager of the adult-sanally-oriented business has knowingly failed to comply with any of the requirements of this Section. L The permittee, or an employee, owner, agent, partner, director, stockholder, or manager of the adult-nnaffyoriented business has knowingly allowed' er permitted the occurrence of criminal activity on the premises of the adult•smtaftoriented business. d. The permittee, or an employee, owner, agent, partner, director, stockholder; or manager of the adrh sextrally-oriented business has committed a misdemeanor or felony in the conduct of the business Standards for Specific Land Uses 22.42 e. The permittee, or an employee, owner, agent, partner, director, stockholder, or manager of the adult•sexually-oriented business has failed to abide by any disciplinary action previously imposed by an authorized City official. f. The approved use has been substantially enlarged without City approval. 2. Procedures for revocation or modification of permits shall be as established by Article 5 Chapter 22.76, Revocation & Modification 22.42.030 - Animals as Pets A. Household pets. Animals and -fowl commonly considered as household pets W.F. dove, cats; birds; NO n ay be kept as an accessory use of residential property, provided the animals are kept in a humane and sanitary manner and in compliance with the provisions of this Section as follows: Not more than three dogs and three cats per household plus any unweaned litter from such pets not over six months old, and parrots, canaries, and other house birds of a similar nature. Fowl (other than horse birds) are prohibited. In addition, thefollowes of animals maybe kept as household pets: rabbits, hamsters, guinea pigs," mice, turtles, salamanders, newts, chameleons, not more than three nonpoisonous reptiles not over six feet long, any eot111oiaoreus toad, lizard or spider, and other animals of a similar nature as may be determined by the Director. B. Minos ee, ditio w use Ptonlit Animal Permit may be required. The keeping of animals acrd fewf other than those normally considered to be household pets, or in greater numbers or on smaller parcels than allowed by this Section, shall require the approval o . an Animal Permit in compliance with p 22.44.020. An Animal Miner ft.didenal Uss Permit shall only be issued in compliance with the following. 1. liorsas. The keeping of horses is allowed on parcels grater than 15,000 square fact One hone may be kept for eaah 5,000 $Roan foot of parcel area to a maximum of 4 bones. Offspring that increase SO tela! ENOW q= the promisee beyond the number permitted shall be removed from the premises as later iha six memtha after birth, wbjwt to oomplimee with the following standards: a. Ilersee shall net he kept within forty foot of any kabitehis drogum L Amy lu i ft nod to koeee heves (La. barns, stables) shall be located in the raw yard behind the ne.. N a the let ad shall maintain side yard sotbacke in accordance with Artieio 11. Section 22A M0 all a roar yard setback of a minimum of tam fest a. Other strrslrren reed to mcleca hones incioding womb, paddoelmand similar asleeurn may M Is"W L rear yari fin feet from side and row property lion, pnvided the forty foot distance from habit" strnetwu is maintained. L AN sI olmee benaing kemee $ball be maintained free from litter, garbage, and So accumulation of weeds sr menese. Pmmbee shall be maintained in a neat ad sanitary manner. All home rsbbg 8W amply with public health laws regarding proper can of mimais and removal of waste. Standards for Specific Land Uses 22.42 2t An Animal Mines us Permit shall not be granted if the review authority determines that the area proposed for the animal(s) to be kept is insufficient for the size/type of animal; and C. Gawrlda■al the .. The keeping of more than four hoses Ad tomer$ approval of a Conditional Use Permit in MMAIM with . 22.58. DF. Omiiatnaa K Offensive animals. No person shall keep, maintain, or have in their possession on any property owned or oontralled by them, any household pet(s) or any other animal(s) in a manner, number or kind so as to cause damage or hazard to persons or property in the vicinity or to generate offensive dust, noise, or odor. 22.42.040 - Child Day -Care Facilities This Section establishes standards for the City review of child day-care facilities, in compliance with State law and in a manner that recognizes the needs of day-care operators and at the same time minimizes the effects on surrounding properties. These standards apply in addition to the other applicable provisions of this Development Code and requirements imposed by the California Department of Social Services through its facility III -178 a Standards for Specific Land Uses 22.42 licensing procedures. Licensing by the Department of Social services is required for child day- care facilities. A. Standards for large family day-care homes. The following standards shall apply. 1. botge family dayeare Conditional Use permit required. Permit processing for large family day-care homes shall be subject to the following. Permit requirement and public notice. A large family day-care home shall require the approval of a nondiscretionary Conditional Use Permit by the Director. Property owners within 100 feet of the proposed site shall be provided notice of the application at least 10 days prior to the date of the Director's decision on the permit. A public hearing may be requested in writing by the applicant or other affected person(s). The notice shall state that the Directors determination may be appealed to the ............... Commission, in compliance with ......pt+3 22.74 (Appeals), but that the Commission may only grant the appeal and reverse or modify the determination if the Commission finds that the Director's determination was contrary to State or City laws governing large family day-care homes. b. Criteria for approval. A Conditional Use Permit shall be issued if the Director determines that the proposed large family day-care home will comply with the standards in this Section. 2. Day-care providers residence. The large family day-care home shall be the principle residence of the day-care provider and the use shall be clearly incidental and secondary to the use of the property as a residence. 3. Fire Department standards. The facility shall contain a fire extinguisher and smoke detector devices and comply with the standards established by the—Eity Fire 13epartnter+ State Fire Marshall. Noise. In order to protect adjacent residential dwellings from noise impacts, a facility within any residential zoning district may only operate up to 14 hours for each day between the hours of 6:00 A.M. and 8:00 P.M. and may only conduct outdoor activities between the hours of 7:00 A.M. and 7:00 P.M. Additionally, the facility shall be in full compliance with Ow"I", (Noise Control) for the subject zoning district. Standards for Specific Land Uses 22.42 --. Off-street parking standards. Each facility shall have the number of parking spaces required for single-family dwellings, in compliance with i.,Zhags 22.30 (Off -Street Parking and Loading Standards), one additional space for the drop-off and pick-up of the children utilizing the facility to ensure that the children are not placed at risk and street traffic is not unduly interrupted, and one additional parking space for each person working at the facility, other than a person who resides at the home. a. driveway of a care facility may serve to meet the required off-street parking spaces and/or the drop-off area. b. The drive -way parking spaces may be in tandem with the on-site garage spaces. Any facility located on an arterial street shall be provided with adequately designed off-street drop-off and pick-up areas to ensure that vehicles reentering the arterial street will be able to do so in a forward manner. -76. Separation standards. 390 feet of the parcel stibject to the applicatiert. A large family day care home shall not be located within three hundred feet of another large family day care home. An existing large family day care home nonconforming with regard to this separation requirement shall not be subject to amortization and elimination. 87. Signs prohibited. No signs shall be allowed in conjunction with a day-care facility. B. Standards for child day-care centers. The following standards shall apply, in addition to those standards contained in Subsection A. (Standards for large family day-care homes), above: 1. Fence or wall. A six foot high solid decorative fence or wall shall be constructed on all property lines, except in the front yard or within a traffic safety sight area. Fences or walls shall provide for safety with controlled points of entry in compliance with 1p 22.20 (Fences, Walls, and Hedges); 2. Indoor play areas. The facility shall be provided with indoor play areas in compliance with State requirements. Separate and clearly defined play and activity areas shall be provided for each age group, including infant, toddler, preschool and school age children; and 3. Outdoor play lot. An outdoor play lot of at least 75 square feet of useable area for each child, but not less than 450 square feet in area exclusive of the required front yard setback, shall be provided. The outdoor play lot shall be located in the rear yard. Stationary play equipment shall not be located in front and side yards. Standards for Specific Land Uses 22.42 9. Compatibility. The guest house shall be designed to ensure compatibility and visual harmony with the main dwelling on site and with other residential structures in the surrounding neighborhood; and 10. Parcel coverage. The guest house, along with the main dwelling and any other accessory structures, shall not exceed an overall parcel coverage of 40 percent; and 22.42.070 - Home -Based Businesses Home based businesses are allowed in residential zoning districts when operated in compliance with the provisions of this Subsection: A. Operational standards. Home based businesses shall comply with the following operating standards: 1. Location The location of the business shall be the principal residence of the person(s) conducting the business and shall be clearly incidental and secondary to the use of the property for residential purposes; 2. No alterations. Alterations shall not be made which would alter the character of the residence or change its occupancy classification in compliance with the Building Code; 3. Signs. Advertising sign(s), displays of merchandise or stock in trade, or other identification of the business activity shall not be provided on the premises; 4. Nuisance factors. The business shall not create levels of glare, light, noise, electrical interference, dust, heat, odor, solid waste, vibration, or other characteristics in excess of that customarily associated with similar residential uses; 5. piers Residents only. Persons engaged in the business_ shall be limited to ate persons residing on the premises 6. Size. The total floor area used for the business, including any area within accessory structures, small not exceed 20 percent of the total living space of the dwelling unit or 400 square feet, whichever is larger. The space devoted to non-commercial business vehicles under one ton carrying capacity, parked in the garage, is excluded from the total floor area devoted to the business; 7. Use to be enclosed. The business shall be conducted completely within the enclosed living space of the residence or accessory structure. If the business is conducted within a garage, the use shall not encroach within the required parking spaces for the residence. The vehicle door to the garage shall remain closed while the business activity is being conducted. S. No outside storage. Equipment, materials or products associated with the business shall not be stored outdoors. Contractors are not permitted to store landscaping, plumbing, electrical, construction or similar supplies or materials on the premises, except those contained within a single vehicle of less than three-fourths ton carrying capacity. HP Standards for Specific Land Uses 22.42 9. Hazardous materials. The business shall not involve the storage or use of explosive, flammable, or toxic materials specifically defined as hazardous materials; 10. Vehicle trips, The business shall not generate additional pedestrian or vehidular trips in excess of that customarily associated with the zoning district in which it is to be located. Clients, customers, patrons or students shall not visit or conduct business at the residence. Truck deliveries of mail or packages are not permitted to average more than two times per week; and 11. Sale and storage of merchandise. Merchandise, products or stock -in -trade shall not be sold upon the premises, and stock used by the business that is not customary to a residence shall be stored at an off-site location (e.g., storage facility or other non- residential location). Required parking spaces shall be kept clear and used only for the parking of vehicles owned by persons residing on the premises, B. Prohibited home based businesses. Home based businesses are prohibited that would: I. Not comply with the standards and criteria contained in Subsection .IC nal shall not be allowed; �. 2. Generate levels of dust, glare/light, noise, odor, or traffic which would have a significant adverse effect upon the neighborhood and environmental setting of the residential site; I Be inconsistent with the General Plan and *applicable specific plan; 4. Threaten the health and safety of the citizens of the City; and 5. Clearly represent a use that would conflict with the normal residential atmosphere of the neighborhood surrounding the subject site. 22.42.080 - Outdoor Display and Sales Standards This Section provides development and operational standards for outdoor uses, including temporary outdoor display and sales (Subsection A., below), permanent outdoor display and sales (Subsection B., below) and outdoor dining and seating areas (Subsection C., below). A. Temporary outdoor displays and sales. Temporary outdoor displays and sales may be allowed with the approval of a Temporary Use Permit, in compliance with the following standards. In approving an application for a Temporary Use Permit, the Director may impose conditions deemed necessary to ensure that the permit will be in compliance with by 2250.060 (Action by the Director). These conditions may address any pertinent factors affecting the operation of the temporary event or use, and may include the following: 1. Fixed period of time. Provision for a fixed period of time as specified by the permit, or where not specified, not to exceed 10 consecutive days; 2. Landscaping. Landscaping may be required to ensure that the event has a pleasing appearance and that the screening requirements identified in Subsection A.B., below, are satisfied, subject to the approval of the Director; Standards for Specific Land Uses 22.42 2. Refuse disposal. The facility shall maintain adequate on-site refuse containers for the disposal of nonrecyclable and nonhazardous waste materials. 22.42.110 - Residential Accessory Uses and Structures This Section provides standards for specific residential accessory uses and structures allowed in the zoning district applicable to a parcel (see $kO6n 22.08.030, Residential Zone Land Uses and Permit Requirements). Residential accessory uses include any use that is customarily related to a residence, including, but not limited to, garages, greenhouses, storage sheds, studios, swimming pools/spas and workshops. A. General requirements. Accessory uses and structures are subject to the following standards, except where more restrictive requirements are established by other provisions of this Section for specific uses. 1. Relationship of accessory use to the main use. Accessory uses and structures shall be incidental to and not alter the character of the site from that created by the main use. 2. Attached structures. An accessory structure that is attached to a main structure shall be architecturally compatible with, and made structurally a part of the main structure (e.g., share a common wall with the main structure). It shall also comply with the requirements of this Development Code applicable to the main structure, including but not limited to setbacks, heights and floor area ratio. 3. Detached structures: a. Coverage. The floor area of a single detached accessory structure shall not exceed 30 percent, nor shall the sum of the floor area(s) of the total number of detached accessory structures exceed 40 percent, of the required rear yard of the parcel. A covered patio or barbecue area shall not be construed as an accessory structure for purpose of calculating floor area. b. Design. Detached accessory structures shall be compatible with the materials and architecture of the main dwelling(s) on the property. c. Setback requirements. As provided by Table 3-15Pr..� (Required Setbacks - Accessory Uses and Structures). Accessory structures shall not be closer than three feet to any side lot line, nor within five feet of the side line of the front half of any adjoining parcel. B. Antennas. Antennas are subject to the provisions of 22.42.130 .......:.:::::;..... (Telecommunications Facilities). C. Garages. A detached accessory garage shall not occupy more than 1,000 square feet for each dwelling unit (including any workshop or storage space within the garage) unless a laW area is authorized by the Director through Development Review, in compliance with OJM 22.48. D. Greenhouses. An accessory greenhouse may occupy up to 500 square feet for each dwelling unit or 10 percent of the parcel, whichever is less. Standards for Specific Land Uses 22.42 D. Greenhouses. An accessory greenhouse may occupy up to 500 square feet for each dwelling unit or 10 percent of the parcel, whichever is less. E. Home occupations. Home occupations are subject to the requirements of Section 22.42.070. F. Swimming pools/spas/hot tubs. Private swimming pools, spas and hot tubs are allowed accessory to approved residential uses on the same parcel, subject to the following provisions: 1. Limitation on use. The pool is to be used solely by occupants of the dwelling(s) on the same parcel and their guests; and 2. Fencing. The swimming pool shall be secured by fencing and/or walls to prevent uncontrolled access by children, in compliance with the Building Code. G. Tennis and other recreational courts. Noncommercial outdoor tennis courts and courts for other sports (e.g., racquetball, etc.) accessory to a residential use are subject to the following requirements: 1. Fencing: Shall be subject to the height limits of a 22.20 (Fences, Walls, and Hedges); and 2. Lighting. Court lighting shall not exceed a maximum height of 20 feet, measured from the court surface. The lighting shall be directed downward, shall only illuminate the court, and shall not illuminate adjacent property, in compliance with ti 22.16.050 (Exterior Lighting). H. Workshops or studios. Any accessory structure intended solely or primarily for engaging in artwork, crafts, light hand manufacturing, mechanical work, etc. is subject to the following standards when located in a residential zoning district: I. Limitation on use: An accessory structure maybe constructed or used as a studio or workshop in any residential zoning district solely for the following non-commercial activities: a. Amusements or hobbies; b. Artistic endeavors (e.g., painting, photography or sculpture); c.. Maintenance of the main structure or yards; d. Maintenance or mechanical work on vehicles owned or operated by the occupants, or e. Other similar purposes. Any use of accessory workshops for any commercial activity shall meet the standards for Home -Based Businesses, in compliance with " 22.42.070; and CHAPTER 22.44 - APPLICATIONS, PROCESSING, AND FEES Sections: 22.44.010 - Purpose 22.44.020 - Authority for Land Use and Zoning Decisions 22.44.030 - Application Filing 22.44.040 - Application Fees 22.44.050 - Initial Application Review 22.44.060 - Environmental Assessment 22.44.070 - Staff Report and Recommendations 22.44.010 - Purpose This Article provides procedures and requirements for the preparation, filing, and initial processing of applications for the land use permits and other entitlements required by this Development Code. The provisions of this Article and Articl . (1=%d Use mid Development Perntit Racedwes Cods Administration) are directory only. Failure e v 22.44.020 - Authority for Land Use and Zoning Decisions Table 4-1 (Review Authority) identifies the City official or body responsible for reviewing and making decisions on each type of application, land use permit and other entitlements required by this Development Code. TABLE 4-1 REVIEW AUTHORITY #� .... > DlrectcsrCit Otier+a council ::....:;:. .... Adult -Oriented Final Appeal Appeal BuslnessJEnbrtalner Permit Administrative Development Final u►al Appeal Appeal Review Conditional Use Permits Final Appeal Revelopment Agreements Recommend Fatal Development Code Amendments Recommend Final Diamond, Bar Deve meat Code Article IV - Permit Procedures ao A N-3 Application, Processing, and Fees 22.44 TYPe of Permit or DecisionHearing I Planning I City Director Officer Commission: Council General Plan Amendments " ei Recomatend FinalIn retations Final Minor Conditional Use A A a Permits Minor Variances Final A A Planned Si Final A al A a S' P �� Final A 4 Final Pte.AppealA a] Temporary Use PermitsFinal Final Tree Pemtits A A al Variances Final A al A al Zortut Clearances Final Appeal Final ilFetea Note: 711e Director and Hearing Officer may defer action on permit applications and refer the item(s) to the Commission for the final decision 22.44.030 - Application Filing A. Application contents. Applications for land useother Pew % this Development I ar u matterson a g opment Code shall be filed with the Uep City pplicatioa form, together with all necessaryfees and/or aroner, , maps, ma��, plana, reports, and otter informa�uu� by deposits, exhibi is the Departntent,__'c 2"_10 its MWIer"al ate 10216 old iVLV0'1___r contact the Department before submitting an application toverma necessary necessary for application filing.Y trrials are B. E igibility for slim Applications may at tly be j Of PMPO, lessees of prop",-_ Mvrms ce- be filed by owners of the 0"M owners, or persons who have contracted to Purchase Mitten bY consent contingent upon P tie or lease the property the Gty, which applicatio---Ittife the ti n shof all be permits eatder-e, contract. All three wxwWanied by a copy of the file on behalf of the sin of �i� � be re�tOd bY an Zed to writing to Diamond Bar Development Code Hearing Draft - December 9,1997 Arliche>v - permit Proadures IV -4 Development Review 22.48 I PMects of a fintited size and geope-that do not meet the specific criteria identified in ".48.020 A., above. ts nmy inelude Ow feHe 1. Requirententg for open qmcev, screening and buffering of adjacent properties, f eneer, Wtd W 11-1 !1 a. Reqt&enmd9 for bi m —d! i ---td nWiWwte2tce of im 1 el eraft* It COIOM4 nteegures; S. Heqvi2enmtb for street t9 and dedientimer, reStdatiest of veidettier M"A I and egrew, 4. ReStdatient of ike.9 or oh-wr dwrectetigtieg of opereliore, S. Requiremmitg fat ataintenence of an gite Mr, 6. E9IebIWwmtt of derelepatent sdtedtAes at kinte lintits for perforataitre–or cornpletiorr, and 91. EMIter con&fimts neee�iy to �� uwmpetibifity "ith surroundhig ugeg,--to if, i2k a . . . f Oke Heariij Wficer, the appficatfAm invelveg tmtonal site 22.48.030 - Application FHkig,-Processing and Review A. Diamond Ber=Code Article IV - Permit Procedures I. 1.1 IV -13 . ...... ......... I ................... I -M Development Review 22.48 C—Review with other permits. Development Review and Administrative Development Review applications for projects that also require the approval of a another discretionary permit (eg., Conditional Use Permit, Variance, etc.) shall be acted upon concurrently with the discretionary permit and the final determination shall be made by the highest level of review authority in compliance with Table 4-1 (Review Authority). The review authority Mg:gVuve, or approve with conditions, the permit based upon the findings outlined in .48.040 (Findings and Decision). B--& Factors to be considered. in conducting the review for a particular project, the Hearing Officer or Commission shall consider the location, design, site plan configuration and the overall effect of the proposed project upon surrounding properties and the City in general. Review shall be conducted by comparing the proposed project to applicable General Plan policies, any applicable specific plan, development standards, design guidelines, and other applicable ordinances for the City. EC. Notice and hearings. An application for a Development Review or Administrative Development Review will be scheduled for a public hearing once the Department has determined the application complete. Noticing of the public hearing will be given in compliance with t 0` 22.72 (Public Hearings). FD. Record of decision. Upon completion of the public hearing, the review authority sha I1 announce and record the decision within 21 days following the conclusion of the pub I is hearing. The decision shall contain the findings required in i 22.48.040, below. A copy of the resolution shall be mailed to the applicant. 22.48.040 - Findings and Decision A Development Review or Administrative Development Review application shall be reviewed by the applicable review authority identified in >} 22.48.050 (Responsibility for Development Review), below and shall be approved, with or without condition, only if the following findings are made: A. The design and layout of the proposed development are consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g., theme areas, specific plans, community plans, boulevards or planned developments); B. The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future developments, and will not create traffic or pedestrian hazards, Diamond IN Dewe meet Code Article IV - Permit Procedures 1V-14 ' : .. .: R. ... l.:..:.. Vii....:..:... Development Review 22.48 C. The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by this Chapter, the General Plan, or any applicable specific plan; D. The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture and color, and will remain aesthetically appealin E. The proposed development will not be detrimental to the public health,, safety or welfare or materially injurious (e.g., negative affect on property values or resale(s) of Property) to the properties or improvements in the vicinity; and F. The proposed project is -has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). 22.48.050 - Responsibility for Development Review A. Development Review — Commission. The Commission is authorized to approve, approve tv mpose conditions, or disapprove Beyeiep..­t epkqicatio�13_ Gmtditivrts which may include the following: 1. Requirements for open spaces, screening and buffering of adjacent properties, fences, and walls; 2. Requirements for installation and maintenance of landscaping and erosion control measurer, 3- Requirements for street improvements and dedications, regulation of vehicular ingress and egress, and traffic circulation; 4. Regulation of hours or other characteristics of operation; 5• Requirements for maintenance of on-site improvements; 6. Establishment of development schedules or time limits for performance or completion; and 7. Other conditions necessary to ensure compatibility with surrounding uses, to preserve .!t!gublic health, safety, and welfare and necessary to make the findings required by 22.48.040 (Findings and Decision) B. Administrative Development Review — Hearing Officer. The Hearing Officer is authorized to appieve, impose conditions sport-dw apprevel which may include those areas listed in Vis: 22.48.020.A, above. Diamond Bar Development Code Article N - Permit Procedures Development Review 22.48 If, in the opinion of the Hearing Officer, the application involves unusual site development requirements or unique operating characteristics, or raises questions of development policy pertaining to applications for Administrative Development Review and that require Commission consideration, the Hearing Officer shall deferand refer the application to the Commission for review and decision.-fcrtditiam 22.48.060 - Post Approval Procedures rocedures relating to appeals, Issuance of a Building Permit, performance guarantee, and revocation as identified in Article V (Development Code Administration), in addition to those identified in �' 22.66 (Permit Implementation and timeTime Extensions), shall apply following the approval of a Development Review or Administrative Development Review application - Diamond Bar Development Code Article IV - Permit Procedures CHAPTER 22.50 - TEMPORARY USE PERMITS _:..�-•• 22.50.010 - Purpose, Applicability 22.50.020 - Exempt Temporary Uses 22.50.030 - Allowed Temporary Uses 22.50.040 - Application Filing, Processing, and Review 22.50.050 - Development Standards 22.50.060 - Action by the Director 22.50.070 - Post Approval Procedures 22.50.010 - Purpose, Applicability The purpose of this Chapter is to provide a process for reviewing proposed temporary uses to ensure basic health, safety, and community welfare standards are met, and approving suitable temporary uses with the minimum necessary conditions or limitations consistent with the temporary nature of the use. A Temporary Use Permit allows short-term activities that might not meet the not ntal dew elopment or uwstandards of -0= rdinarily applicable to the zoning district, but may otherwise be acceptable because of their temporary nature. 22.50.020 - Exempt Temporary Uses The following temporary uses are exempt from the requirement for a Temporary Use Permit. Uses that do not fall within the categories defined below shall comply with .50.030 (Allowed Temporary Uses). A. Car washes. Car washes, limited to two days each month for each sponsoring organization. Sponsorship shall be limited to educational, fraternal, religious or service organizations directly engaged in civic or charitable efforts, on non-residential properties. B. Construction yards. On-site contractors' construction yards, in conjunction with an approved construction project. The construction yard shall be removed immediately upon completion of the construction project, or the expiration of the companion Building Permit, authorizing the construction project. C. Emergency facilities. Emergency public health and safety needs/land use activities. D. Public property. Events whidtthat are to be conducted on public property, and which are approved by the Council (e.g., annual civic events, educational demonstrations, etc.). E. Similarbngorary uses. Other temporary uses which, in the opinion of the Director, are- similar to those Identified in this Section. Diamond Bar Dev t Code Article IV - Permit Procedures s oo an .. ... ..,..... Temporary Use Permits M.030 - Allowed Temporary Uses 22.50 The following temporary uses may be allowed, subject to the issuance of a Temporary Use Permit by the Director. A. Car washes. Car washes, more than two days each month for each sponsoring organization. Sponsorship shall be limited to educational, fraternal, religious or service organizations directly engaged in civic or charitable efforts. B. Construction yards. Off-site contractors' construction yards, in conjunction with an approved construction project. The permit shall expire upon completion of the eonstnution project, or the expiration of the companion Building Permit, authorizing the construction project. C. Events. Arts and crafts exhibits, carnivals, circuses, concerts, fairs, farmer0s markets, festivals, flea markets, food events, outdoor entertainment/sporting events, rode. rummage sales, second hand sales, and swap meets for ap-te a maximum of to consecutive days, or six weekends, within a 12 -month period. D. Helipads. The temporary establishment and use of a helipad for up to 3 days. E. Movie on -location filming activities. The temporary use of a specified and approved on - location site for the filming of movie(s). The Director shall find that the approval will nu t result in a frequency of use likely to create incompatibility between the temporary film in g activity and the surrounding area. F. Outside displays/sales. The temporary outdoor display/sales of merchandise, in compliance with JJM 22.42.080 (Outdoor Display and Sales). G. Residence. A mobile home as a temporary residence of the property owner when a v i d Building Permit for a new single-family dwelling is in force. The permit maybe appro% eo for up to one year, or upon expiration of the Building Permit, whichever occurs first-. H. Seasonal sales lots. Seasonal sales activities (e.g., Halloween, Thanksgiving, Christm a s including temporary residence/security trailers, on non-residential properties, for up to 30 days. I. Temporary real estate sales offices. A temporary real estate sales office may be established within the area of an approved development project, solely for the first sale o i homes. An application for a temporary real estate office may be approved for a maxim m time period of one year from the date of approval;. Diamond Bar Develapnwrit Code Article N - Permit Procedures Temporary Use Permits 22.50 J. Temporary structures. A temporary classroom, office or similar structure, including a manufactured or mobile unit, may be approved, for a maximum time period of one year from the date of approval, as an accessory use or as the first phase of a development project. An additional time period may authorized with Minor Conditional Use Permit approval, in compliance withapte . 22.56. K. Temporary work trailers. A trailer or mobile home used as a temporary work site for employees of a business: 1. During construction or remodeling of a permanent commercial or manufacturing structure, when a valid Building Permit is in force; or 2. Upon demonstration by the applicant that the temporary work site is a short-term necessity, while a permanent work site is being obtained. A permit for temporary trailer(s) may be granted for up to one year. L. Similar temporary uses. Similar Other temporary uses which, in the opinion of the Director, are similar and compatible with the zoning district and surrounding land uses. 22.50.040 - Application Filing, Processing, and Review An application for a Temporary Use Permit shall be filed in compliance with 0AW 22.44 (Applications, Processing, and Fees). It is the responsibility of the applicant to establish evidence in support of the findings required by tE 22.50.060 (Action by the Director), below. An application for a Temporary Use Permit shall be made on a form prescribed by the Director and filed with the Department. The application shall be accompanied by the following: A. Illustrations. Sketches or drawings, dimensioned and to scale, of sufficient size and clarity to show the following: size and location of the property, location of the adjacent street(s), location and approximate size of all structures on the site, signs, location and number of off-street parking spaces and drive aisles, location of entrances and exits and temporary fences or structures (e.g., canopies, lights, tents, trailers, etc.) to be installed as part of the temporary use; and B. Statement of operations. A letter describing the hours of operation, days that the temporary use will be on the site, number of people staffing the use during operation, anticipated number of people using the facility during operation, and other information about the operation of the use that pertains to the impact of the use on the community or on adjacent uses. 22.50.050 - Development Standards Standards for setbacks, heights, floor areas, off-street parking, landscaping areas, and other structure and property development standards that apply to the category of use or the zoning district of the subject site shall be used as a guide for determining the appropriate Diamond Bar Development Code Article IV - Permit Procedures Temporary Use Permits 22.50 development standards for temporary uses. However, the Director may authorize an adjustment from the specific requirements as deemed necessary or appropriate. 22.50.060 - Action by the Director A Temporary Use Permit may be approved, modified, conditioned, or disapproved by the Director, without the requirement for a noticed pubic hearing. The Director may approve, modify, or conditionally approve a Temporary Use Permit application, for up to one year, only if all of the following findings can be made: A. The establishment, maintenance or operation of the temporary use will not be detrimental to the public health, safety or welfare of persons residing or working in the neighborhood of the proposed use; B. Approved measures for removal of the use and site restoration have been required to ensure that no changes to the site will limit the range of possible future land uses otherwise allowed by this Development Code; and C. The proposed penrdtis project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). 22.50.070 - Post Approval Procedures PeraritA. - AGeneral procedures. Appeais-Procedure s relating to appeals, performance guarantee, and revocation as identified in Article VIoN (Development Code Administration), in addition to those identified in <'22.66 (Permit Implementation and Time Extensions), shall apply following the approval of a Temporary Use Permit application. i Y 1 Y t _ Diamond Bar Development. Code Article IV - Permit Procedures CHAPTER 22.52 MINOR VARIANCES Sections: 22.52.010 - Purpose 22.52.020 - Applicability 22.52.030 - Application Filing, Processing, and Review 2252.040 - Findings and Decision 2252.050 - Conditions of Approval 22.52.060 - Post Approval Procedures 22.52.010 - Purpose The purpose of this Chapter is to allow for a mino NOW of the dev m of•idwtdfNd in this Development Code. The maximum allowable are specifically identified in 1161M 22.52.020 (ADeliembilRul 22.52.020 - Applicability Ana lication fora Minor Variance maybe filed with the Department in compliance with 22.44 (Applications, Processing, and Fees), and may be considered by the Director, governing only the following development standards. A. Building site area. A decrease, of not more than 10 percent, in the required building site area, but not the pad size; B. Setback/yard area. A decrease, of not more than 20 percent, in the required setback/ya rd area for struchires, landscaping, swimming pools/spas and equipment; C. Distances between structures. A decrease, of not more than 20 percent, in the allowed distances between detached accessory structures and main structures, D. Off-street paddy.& A decrease, of not more than 20 percent, in the number of required off- street parking spaces; Diamond BOX Code Article IV - Permit Procedures -in IV -23 Minor Variances 22-52 E. Structure height. An increase, of not more than 10 percent, in the maximum allowed structure height; F. Fence or wall height. An increase, of not more than 30 percent, in the maximum allowed height of a fence or wall, in compliance with O*W 22.20 (Fences, Hedges, and Walls) and subject to City approved structural design standards. Retaining walls may be allowed an increase of up to eight feet, depending on topographic constraints and the Directors determination that the wall is needed to implement the approved Grading Plan/Permit for the subject parcel; G. Projections. An increase, of not more than 20 percent, in the allowed projection of canopies, cornices, eaves, fireplaces, landings, masonry chimneys, overhangs, raised Porches, stairways, and steps into a required setback/yard area, in compliance with Room 22.J 6.090 (Setback Regulations and Exceptions); and iia. Other standards. The Director shall also be allowed to vary other standards including minor operational/performance standards relating to dust, glare, hours of operation, landscaping, light, noise, parking, etc. A request which exceeds the limitations outlined in this Subsection shall require the filing of a Variance application, in compliance withP' 22.54. v� 22.52.030 - Application Filing, Processing, and Review A. Filing. An application for a Minor Variance shall be completed, filed, and processed in compliance with 22.44 (Applications, Processing, and Fees). It is the responsib i l: m of the applicant to establish evidence in support of the findings required by Section 22.52.040 (Findings and Decision). B. Project review procedures. Each application shall be analyzed by the Department to ensure that the application is consistent with the purpose and intent of this Chapter. 22.52.040 - Findings and Decision The Director shall record the decision in writing with the findings on which the decision ,s based, in compliance with State law, or may refer the application to the Commission. A Mine r Variance maybe approved, modified, conditioned, or disapproved by the Director, with ou the requirement for a noticed public hearing, only if all of the following findings can be m a c e A. General findings; 1. There are special circumstances applicable to the property (e.g., location, shape, s 12 r . surroundings, topography, or other conditions), so that the strict application of this Development Code denies the property owner privileges enjoyed by other propem owners in the vicinity and under identical zoning districts or creates an unnecessary Diamond Bar Development Code Article N Perrot Procedures IV -24 Minor Variances 22-52 and non -self-created, hardship or unreasonable regulation which make it obviously impractical to require compliance with the development standards; 2. Granting the Minor Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning district and denied to the property owner for which the Minor Variance is sought; 3. Granting the Minor Variance is consistent with the General Plan and any applicable specific plan; 4. The proposed entitlement would not be detrimental to the public interest, health, safety, convenience or welfare of the City; and 5. The proposed entitlement is has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). B. Findings for off-street parking reductions. A Minor Variance to reduce the required amount of off-street parking shall only be approved when the following findings can be made: 1. The intent of the parking regulations, irt compHance with 22.xx (9ff Sheet Pa. king and beading Skmdet which is to ensure that sufficient parking will be provided to serve the use intended and potential future uses of the subject site, is preserved; and 2. Stdficies,tpwidng"iHbei,,ovidedt,,ser.etitetiseii,t--.P.4---4 W-1jr--tentiniftlitu A Parking Permit Is approved in compliance with .si-dw-l'. 22.30.050 (Reduction of the subject site Off-Stroot Parking Requirements for Shared Uses). 22-52-050 - Conditions of Approval In approving a Minor Variance, the Director may impose conditions deemed necessary to ensure that the approval will be in compliance with the findings required by $R" 22-52.040 (Findings and Decision), above. 22.52.060 - Post Approval Procedures "a fOHOW"M FrOWdW rocedures relating to appeals, issuance of a Building Permit, performance guarantee, and revocation as identified in Article "Development Code Admin111611111WIL in addition to those identified in O*W 22.66 (Permit Implementation and Time Extensions), shall apply following the approval of a Minor Variance.. - application. AlTesis. :Rw decisionef the Ehrecter*aHbe tiodesse.r., Diamond Bar Devil opwent Code Article IV - Permit Procedures IV -25 Minor Variances 22.52 Dumoiid Bar Development Code Article IV • Permit Procedures hearing Draft - December 9, 1997 IV -26 be each, nisy implenualtatier :F 'eft is 5.wkw, W_ twtermiert� Dumoiid Bar Development Code Article IV • Permit Procedures hearing Draft - December 9, 1997 IV -26 CHAPTER 22.54 - VARIANCES Sections: 22.54.010 - Purpose 22.54.020 - Applicability 22.54.030 - Application Filing, Processing, and Review 22.54.040 - Findings and Decision 22.54.050 - Conditions of Approval 22.54.060 - Post Approval Procedures 22.54.010 - Purpose The purpose of this Chapter is to allow for adjustment from the development standards of this Development Code. The adjustment may only be granted when, because of special circumstances applicable to the property, including location, shape, size, surroundings, topography, or other conditions, the strict application of this Development Code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts or creates an unnecessary, and non -self created, hardship or unreasonable regulation which make it obviously impractical to require compliance with the development standards. Approved Variances shall be subject to conditions that will ensure that the Variances do not constitute a granting of special privilege(s) inconsistent with the limitations on other properties in the vicinity and zoning district in which the property is situated. 22.54.020 - Applicability An application for a -Variance may be filed with the Department in compliance with Chapter 22.44 (Applications, Processing, and Fees). A public hearing is required for all Variances, which shall be considered by the Commission. The Commission may grant a variance from the requirements of this Development Code governing only the following development standards, unless otherwise specified in th s Development Code: A. Dimensional standards. Dimensional standards including distance -separation requirements, parcel area, building site area/coverage, fence and wall requirements, landscape and paving requirements, lighting, parcel dimensions, off-street parking areas, loading spaces, open space, setbacks, structure heights, etc-, Diamond Bac Dewe meat Code Article N - Permit Procedures e r, o qax .. k'1 N-27 Variances 22.54 B. Off-street parking and loading. [Number of off-street parking spaces, loading spaces, landscaping, etc.; C. Signs. Sign regulations (other than prohibited signs); ................. D. Exceeds limits for Minor Variance. Any development standard specified in Section 22.54.020 (Applicability), where the requested adjustment exceeds the maximum limits for a Minor Variance; and E. Other standards. Other standards including dust, glare, hours of operation, landscaping, light, noise, number of employees, parking, etc. 22.54.030 - Application Filing, Processing, and Review A. Filing. An a lication for a Variance shall be completed, filed, and processed in ,. tet.. compliance with ": 22.44 (Applications, Processing, and Fees). It is the responsibility of the applicant to establish evidence in support of the findings required by �`$ 4ion 22.54.040 (Findings and Decision), below. B. Project review procedures. Each application shall be analyzed by the Department to ensure that the application is consistent with the purpose and intent of this Chapter. C. Notice and hearings. An application for a Variance will be scheduled for a public hearing once the Department has determined the application complete. Noticing of the public hearing will be given in compliance with 22.72 (Public Hearings). 22.54.040 - Findings and Decision Following a public hearing, the Commission shall record the decision in writing with the findings on which the decision is based, in compliance with State law. The Commission -may approve an application, with or without conditions, only if all of the following findings can be made: A. General findings: 1. There are special circumstances applicable to the property (e.g., location, shape, size, surroundings, topography, or other conditions), so that the strict application of this Development Code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts or creates an unnecessary and non -self created, hardship or unreasonable regulation which make it obviously impractical to require compliance with the development standards, 2. Granting the Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning district and denied to the property owner for which the Variance is sought; Diamond Bar WDevelopment Code Article IV - Permit Procedures ,�'1' 1i11 2 I9 ry-28 Variances 3. Granting the Variance is consistent with the General Plan and any applicable specific plan; - 4. The proposed entitlement would not be detrimental to the public interest, health, safety, convenience, or welfare of the City; and 5. The proposed entitlement is -has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). B. Findings for off-street parking reductions. A Variance to reduce the required amount Of off-street parking shall only be approved when; in addition to " labe" 6ked finding -3, the following findings can aim fe made: 1. The intent of the parking regulations, in emiplimtee oviot 22.xx (490 sheei pericing mtd b=&ng which Is to ensure that sufficient parking will be provided to "Of serve on use Intended and potential future us** of the subject oft, is preserved; and iA A Parking Permit is approved in compliance with $22.30.050 (Reduction of the subject -site Off -Street Parking Requirements for Shared Uses). 22.54-050 - Conditions of Approval In approving a Variance, the Commission may impose conditions deemed necessary to ensure that the approval will be in compliance with the findings required by 22.54.040 (Findings and Decision), above. 22.54.060 - Post Approval Procedures Mw feRawft preceeltnes Procedures relating to appeals, Issuance of a Building Permit, performance guarantee, and revocation as identified in Articisim (Development Code Adminlebatlorit in addition to those identified in Qoj* 22.66 (Permit Implementation and Time Extensions), shall apply following the approval of a Variance application— Diamond Bar Dive Code Article W - Permit Procedures IV -29 ... ........... ... ... NEF!—LL• • 'l,,Ll JL -1 gillt-g "1II1Iq,:Ir. 1g[j;;j71q_llKl1o] Aga I owl I l, 11 W@ Is, Plitt, IEW _A11111)(41 Diamond Bar Dive Code Article W - Permit Procedures IV -29 ... ........... ... ... Variances 22.54 • Dimond Bas Development Code Article IV • Permit Procedures Hearing Draft - Deeemba 9, IM IV -30 CHAPTER 22.56 - MINOR CONDITIONAL USE PERMITS Sections: 22.56.010 - Purpose 22.56.020 - Applicability 22.56.030 - Application Filing, Processing, and Review 22.56.040 - Findings and Decision 22.56.050 - Conditions of Approval 22.56.060 - Post Approval Procedures 22.56.010 - Purpose The purpose of this Chapter is to provide a process for reviewing Minor Conditional Use Permit applications which are intended to allow for specified activities and uses as identified in the variouszoning districts whose effect on the surrounding area cannot be determined before being proposed for a particular location. Applications for Minor Conditional Use Permits will be reviewed for the location, design, configuration and potential impacts to ensure that the proposed use will protect the public health, safety and welfare. 22.56.020 - Applicability An application for a Minor Conditional Use Permit may be filed with the Department in compliance with 22.44 (Applications, Processing, and Fees) for a specified land use that is allowed within a particular zoning district with the approval of a Minor Conditional Use Permit. A public hearing is required for all Minor Conditional Use Permits, which shall be considered by the Hearing Officer. Minor Conditional Use Permits may be granted for only the following land-asractivities, in addition to those listed in Article II (Zoning Districts and Allowable Land Uses) as requiring a Minor Conditional Use Permit: A. , Al iential struct-reg aged as guest roonts, 0. Bulk ve2hihtS • Bulk vending rnachirms, (ReeyeNfts' G. Feeffi"es)S Expansion of a use. Exterior expansion of an existing use, that normally requires the approval of a Conditional Use Permit in compliance with ;"1'% 22.58, in an existing devek4mwntwhwe there would be no change of occupancy or primary use, there would be no expansion of interior floor area, and the request would,not alter the original intent of the project or site; Diamond Bat Development Code Article IV - Permit Procedures 1 Minor Conditional Use Permits 22-56 iM- Expansion of a nonconforming structure. Expansion of a nonconforming structure, either within the existing perimeter of the structure or on adjoining portions of the subject site, in compliance with $em,: 22.68-03O.B. Artie Y (Changes to a structure); FC. Events. Arts and crafts exhibits, farmerDs markets, and Rea markets conducted at the same location on a semi regular basis (e.g., the first Sunday of each month); G. Large cal4ectimt facijities. barge ceflectiort fa-cijities- -- Reeyefing Facilities); I Uk contylimtee with 22.-- 1+13. Maintenance and repairs to a nonconforming structure. 1. Minor. Minor maintenance and repairs to a nonconforming structure, when required structural alteration work exceeds 25 percent of the appraised/replacement value of the structure, -as shown in the County Assessor's records, in compliance with sj*on 22.68.030.E. (Maintenance and repairs); and 2. Major. Major repairs to a nonconforming structure, when the cost of repairing or replacing the damaged portion of the structure exceeds 50 percent of the appraised/ replacement value of the structure, as shown in the County Assessor's records, before damage or destruction, in compliance with 86C. .:' 22 destruction). .68.050.B.2. (Termination by I-- 90kd�-'dilkift$. ()Uttieo. CH2 tit kS, ttraft f- irlay - Ehtte[Oef display of atercharafise:, K— IE* Temporary enclosed storage. Temporary enclosed storage, unrelated to construction project, that may be approved for a time period exceeding one year from the date of approval; and • Temporary structures. A temporary classroom, office, or similar structure, including a manufactured or mobile unit, which may be approved for a time period exceeding one year from the date of approval, as an accessory use or as the first phase of a development project. 22-56-030 - Application Filing, Processing, and Review A- Fling. An application for a Minor Conditional Use Permit shall be completed, filed and processed in compliance with. 22-44 (Applications, Processing, and Fees). It is the resPbnsg-lility of the applicant to establish evidence in support of the findings required by W �WL56-040 (Findings and Decision), below. Diamond Bar Development Code Article IV - Permit Procedures .......... NIM ;IM" IV -32 CHAPTER 22.58 - CONDITIONAL USE PERMITS Sections: 22.58.010 - Purpose 22.58.020 - Applicability 22.58.030 - Application Filing, Processing, and Review 22.58.040 - Findings and Decision 22.58.050 -Conditions of Approval 22.58.060 - Post Approval Procedures 22.58.010 - Purpose The purpose of this Chapter is to provide a process for reviewing Conditional Use Permit applications which are intended to allow for specified activities and uses as identified in the various zoning districts whose effect on the surrounding area cannot be determined before being proposed for a particular location. Applications for Conditional Use Permits will be reviewed for the location, design, configuration and potential impacts to ensure that the proposed use will protect the public health, safety and welfare. 22.58.020 - Applicability An application for a Conditional Use Permit may be filed with the Department, in compliance with,.` „'@�.44 (Applications, Processing, and Fees), for a specified land use that is listed in Article U (Zoning Districts and Allowable Land Uses) as requiring a Conditional Use Permit. A public hearing is required for all Conditional Use Permits, which shall be considered by the Commission. 22.58.030 - Application Filing, Processing, and Review A. Filing. An application for a Conditional Use Permit shall be completed, filed, and processed in compliance with 22.44 (Applications, Processing, and Fees). It is the respon!nbfiity of the applicant to establish evidence in support of the findings required by .58.040 (Findings and Decision), below. B. Project review procedures. Each application shall be analyzed by the Department to ensure that the application is consistent with the purpose and intent of this Chapter. C. Notice and hearings. An application for a Conditional Use Permit will be scheduled for a public hearing once the Department has determined the application complete. Noticing of the public hearing will be given in compliance with 0 22.72 (Public Hearings). Diamond Bar Devej mast CodeArticle IV - Permit Procedures '� Conditional Use Permits 22.58.040 - Findings and Decision 22.58 Following a public hearing, the Commission shall record the decision in writing with the findings on which the decision is based. The Conditional Use Permit shall be approved, with or without conditions, only if all of the following findings can be made: A. The proposed use is allowed within the subject zoning district with the approval of a Conditional Use Permit and complies with all other applicable provisions of this Development Code and the Municipal Code; B. The Proposed use is consistent with the General Plan and any applicable specific plan; C. The design, location, size, and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity; D. The subject site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints; E. Granting the Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located; and F. The proposed perndt•is project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). 22.58.050 - Conditions of Approval In approving a Conditional Use Permit, the Commission may impose conditions deemed necessary to ensure that the approval will be in compliance with the findings required by 22.58.040 (Findings and Decision), above. 22.58.060 - Post Approval Procedures A. *ppealsGeneral procedures. tn4eft at appeal is filed in cantphence Procedures relating to appals, performance guarantee, and revocation as identified in Article (Development Code Administration), in addition to those identified in 9 22me{Appee�.66 (Permit Implementation and Time Extensions), shall apply following the approval of a Conditional Use Permit application: Dianwxid Bas Devollopwamt Code Article IV - Permit Procedures 4. N-36 li�il f. Specific Plans 22.60 22.60.050 - Filing and Processing A draft specific plan shall be filed with the Department, and shall be accompanied by the fee required by the Citys Fee Resolution. The draft plan shall be processed in the same manner as required for General Plans by State law, and as follows: A. Department evaluation. After the filing of a draft specific plan, the Department shall review the draft plan to determine whether it conforms with the provisions of this Chapter. If the draft plan is not in compliance, it shall be returned to the applicant with written specification(s) as to why it does not comply, and with suggested revisions to ensure compliance. When a draft plan is returned by the applicant to the Department and the Department determines it is complete and in compliance with this Chapter, the plan shall be deemed to be accepted for processing, in compliance with 22.44 (Applications, Processing, and Fees); B. Environmental review. The draft specific plan shall be subject to environmental review as specified in .. 22.44.060 ( Environmental assessment); C. Staff report. A staff report shall be prepared for the draft specific plan which shall include detailed recommendations for changes to the text and diagrams of the specific plan, as necessary, to make it acceptable for adoption; and D. Public hearings. A proposed specific plan shall be subject to public hearings before both the Commission and Council before its adoption, as follows: L Commission. The Director shall schedule a public hearing on the proposed specific plan. The hearing shall receive public notice and be conducted in compliance with 22.72 (Public Hearings). After the hearing, the Commission shall forward a written recommendation, with appropriate findings to the Council, in compliance with n' 22.60.060 (Adoption of Specific Plan); and 2. Council. After receipt of the Commissions recommendation, a public hearing on the specific plan shall be scheduled. The hearing shall be noticed and conducted in compliance with..; 22.72 (Public Hearings). After the hearing, the Council may adopt the specific plait, may disapprove the plan or may adopt the plan with changes, with appropriate findings in compliance with Seco 22.60.060 (Adoption of Specific Plan), provided that changes to the plan that were not considered by the Commission shall be referred to the Commission for its recommendation, in compliance with State law (Government Code Section 65356). Failure of the Commission to report within 45 days after the referral, or a longer period set by the Council, shall be deemed a recommendation for the approval of the changes. Diamond Bas Drt►el matt Code Artick IV - Permit Procedures �' IV -41 22.60 22.60.060 - Adoption of Specific Plan The adoption of a proposed specific plan is entirely at the discretion of the Council. The Council shall adopt a specific plan only if it finds that the proposed plan is consistent with the General Plan and other adopted goals and policies of the City, and that the proposed speck plan ism compliance with the provisions of the California Environmental Quality Act (CEQA), 'fie specific plan shall be adopted by ordinance, or by resolution of the Council, in compliance with State law (Government Code Section 65453). 22.60.070 -Implementation and Amendments A. Development within specific plan area. After thea of a Public works specific Pte► only a p project, a tentative map or parcel map, for which a tentative map was not %required, and an amendaet,t to this Lkvelopment Code may be approved/adopted within an am caged by a specific plan if it is first found congstant with the specific plan The Council may impose a specific plan fee surcharge on development permits within the specific plan area, in compliance with State law (Government Code Section 65456). 8. Aa�e:idmenb. An adopted specific plan shall be amended through the same procedure specified by this Chapter for the adoption of a specific plan. Dlamand Dar Dene anent Code Ard& N - Permit Procedures -----7 IV-42 CHAPTER 22.62 - DEVELOPMENT AGREEMENTS 22.62.010 - Purpose 22.62.020 - Application 22.62.030 - Public Hearings 22.62.040 - Content of Development Agreement 22.62.050 - Execution and Recordation 22.62.060 - Environmental Review 22.62.070 - Periodic Review 22.62.080 - Amendment or Cancellation of Development Agreement 22.62.090 - Effect of Development Agreement 22.62.100 - Approved Development Agreements 22.62.010 - Purpose A. This Chapter outlines the procedures and minimum guidelines/requirements for the review and consideration of development agreements upon application by, or on beha if of, property owners or other persons having a legal or equitable interest in the property proposed to be subject to the agreement, Commission or Council. It is intended that the provisions of this Chapter shall be fully consistent, and in furl comp, with dw provisions of State law (Article 2.5 of Chapter 4 of Division 1 of Title 7, commencing with Government Code Section 65864), and shall be so construed. B. In construing the provisions of any development agreement entered into in compliance with this Chapter, those provisions shall be read to hilly effectuate, and to be consistent with, the language of this Chapter, State law (Article 2.5 of the Government Code, cited above), and the agreement itself. Should any apparent discrepancies between the meaning of these documents arise, reference shall be made to the following documents, and in the following order: 1. The plain terms of the development agreement itself, 2. The provisions of this Chapter, and 3. The provisions of State law (Article 2.5 of the Government Code, cited above). 22.62.020 - Application A. Application requirements, An owner of real property may request and apply through the Director to enter into a development agreement provided the following: 1. The iagreement, if approved, would be in the best interests of the City; PP DUmand Bar Deve nrent Code Article IV - Permit Procedures Development Agreements 22.62 2. The status of the applicant as an owner of the property is established to the satisfaction of the Director; I The application is made on forms approved, and contains all information required, by the Director; and 4. The application is accompanied by all lawfully required documents, materials and information. B. The Director. The Director is authorized to receive, review, process and prepare, together with recommendations for Commission and Council consideration, all applications for development agreements; and C. Processing fees. Processing fees, as established by the Citys Fee Resolution, shall be collected for any application for a development agreement made in compliance with this Chapter. Additionally, appropriate fees shall be established and collected for periodic reviews conducted by the Director in compliance with ?2.62.030.A. (Public Hearings), below. 22.62.030 - Public Hearings A. Commission. The Director, upon finding the application for a development agreement complete, shall set the app}izatiort agreement, together with recommendations, for a public hearing before the Commission in compliance withw 22.72 (Public Hearings). Following conclusion of a public hearing, the Commission shall make a written recommendation to the Council that it approve, conditionally approve or disapprove the application-agnoment. B. Council. Upon receipt of the Commission's recommendation, the City Clerk shall set the application agreement and written report of the Commission for a public hearing before the Council in compliance with f apterj; 22.72 (Public Hearings). Following conclusion of the public hearing, the Council shall approve, conditionally approve or disapprove the appficrdmt agreement. C. Notice. Notice of the hearings, outlined in Subsections A. and B., above, shall be given in the form of a notice of intention to consider approval of a-deveiopaeent-th* agreement in compliance with State law (Government Code Section 65867). D. Terms and conditions. Should the Council approve or conditionally approve the eppiieaiim agreement, it shall, as a part of the action of approval, direct the preperatim k finall=tlon of adew eicrpntent the agreement embodying the terms and conditions of eppfice ien-as approved or conditionally approved by it, as well as an ordinance authorizing execution of the deaeloprneld-agreement by the City Manager. E. Fntding& The ordinance shall be in compliance with State law (government Code Section 65867.5) and shall contain the following findings, and the facts supporting them. Diamond Bar Development Code Article 1V - Permit Procedures Awl �........... IV -44 Development Agreements 22.62 It is the responsibility of the applicant to establish evidence in support of the required findings. 1. The - greement would be in the best interests of the City, 2- The greement is consistent with the General Plan, any applicable speciRc plan and" Development Code; and 3. The Sreement would promote the public interest and welfare of the City. F. Referendum. The ordinance s subject to referendum in compliance with State law (Gove mmimt Code Section 65867.5). 22.62.040 - Content of Development Agreement A- Mandatory combats. A development agreement entered into in compliance with this Chapter shall contain the mandatory provisions specified by State law (Government Code Section 66865.2 [Agreement contents]). B. Permissive contents. A development agreement entered into m compliance with this Chapter may contain the permissive provisions specified by State law (Government Code Section 65SM-2 [Agreement contents]). 22.62.050 - Execution and Recordation A. Effective date. The City shall not execute a development agreement until on or after the date on which the ordinance approving the agreement, enacted in compliance with 22.62.030, above, becomes effective; B. Mutual consent. A development agreement may be executed only an the mutual consent of each party to the agreement; C- appravaL The provisions of this Chapter shall not be construed to prohib i t Ding Officer, Commission or Council from conditioning approval of a dise+e kKu" permit or entitlement on the execution of a development agreement where the condition is otherwise authorized by law; and D. ReeoedadmL A development agreement shall be recorded with the County Recorder no later than 10 days after it is executed, in compliance with State law. 22-62.060 - Envircrwwntal Review The approval or conditional approval of a development agreement in compliance with this Chapter shall be donned a discretionary act for purposes of the California Environmental Quality Act (SQA). Di a mond Har Deva spIcent Code Article 1V - permit Procedures Development Agreements 22.62 22.62.070 - Periodic Review A. Periodic review required. Every development agreement, approved and executed in compliance with this Chapter, shall be subject to periodic review, as specified in the agreement, by the Commission during the full term of the agreement. Appropriate fees to cover the City's cost(s) to conduct the periodic reviews shall be collected from the applicant/contracting party in compliance with $eCti* 22.62.020.C. (Application), above; B. purpose of review. The purpose of the periodic review shall be to determine whether the pplieant/contracting party or the successor -in -interest has complied in good faith with the terms and/or conditions of the development agreement. The burden of proof shall be on the app}leazttfCort"ac�appiicanticontmcdng partyor the successor to demonstrate compliance, to the full satisfaction of, and in a manner prescn'bed by, the City; and C. Compliance with the terms or conditions. If, as a result of a periodic review in compliance with this Section, the Commission finds, on the basis of substantial evidence, that the spph=tti cmttiachng-applicanUcontraeting party or the successor -in -interest has not complied in good faith with the terms or conditions of the agreement, the Commission may recommend to the Council that it order, after a noticed public hearing in compliance with'' .� 22.62.030 +�.. (Public Hearings), the agreement to be terminated or modified. 22.62.080 - Amendment or Cancellation of Development Agreement A development agreement may be amended or canceled, in whole or in part, by mutual agreement of all parties to .the agreement, or their successors in interest. The requested amendment or cancellation shall be processed in the same manner specified by this Chapter for the adoption of a development agreement. 22.62.090 - Effect of Development Agreement A. Rules, regulations, and policies. Unless otherwise provided by the development agreement, the rules, regulations, and official policies governing allowed uses of the land, density, design, improvement, and construction standards and specifications, applicable to. development of the property subject to a development agreement, are the rules, regulations, and official policies in force at the time of execution of the agreement. B: Applying new rules, regulations, and policies. Unless specifically provided for in the development agreement, the agreement does not prevent the City, in subsequent actions appLcable to the property, from applying new rules, regulations, and policies which do not conflict with those rules, regulations, and policies applicable to the property under the development agreement, nor does a development agreement prevent the City from conditionally approving or disapproving a subsequent development project application on the basis of existing or new rules, regulations, and policies. Diamond Bar Dewe want Code Article N -Permit Procedures -AQ4-l-.ee / ::' . IV -46 CHAPTER 22.66 - PERMIT IMPLEMENTATION AND TIME EXTENSIONS 22.66.010 - Purpose 22.66.020 - Effective Date of Permits 22.66.030 - Applications Deemed Approved 22.66.040 - Performance Guarantees 22.66.050 - Time Limits and Extensions 22.66.060 - Changes to an Approved Project 22.66.070 - Resubmittals 22.66.080 - Covenants for Easement 22.66.010 - Purpose This Chapter provides requirements for the implementation or "exercising" of the permits or entitlements specified by this Development Code, including time limits and procedures for granting extensions of time. 22.66.020 - Effective Date of Permits Administrative Development Review, Development Review, Minor Variances, Variances, Minor Conditional Use Permits or Conditional Use Permits shall become effective on the 11 th day following the date the decision is rendered by the appropriate review authority, provided that no appeal of the review authority's action has been filed, in compliance with Q4ter 22.74 (Appeals). Development Agreements, specific plans, and amendments to the General Plan, Zoning Map and this Development Code shall become effective on the 30th day following the date the decision is rendered by the Council. Permits, certificates and/or other entitlements shall not be issued until the effective date. The applicant shall sign the Affidavit of Acceptance or other entitlement, within 30 days of approval, indicating full understanding and concurrence with the approval and all conditions unposed by the review authority, or the entitlement will be deemed void. 22.66.030 - Applications Deemed Approved A permit application deemed approved in compliance with State law (Government Code Section 65956) shall be subject to all applicable provisions of this Development Code, which shall be satisfied by the applicant before 0. :;Building Permit is issued or a land use not requiring a Building Permit is established. 22.66:040 - Performance Guarantees A permit applicant may be required by conditions of approval or by action of the Director or Hearing Officer to provide adequate security to guarantee the faithful performance of any or all conditions of approval imposed by the review authority. The Director or Hearing Officer, in DLmaad Bar Development Code Article V - Development Code Administration Permit Implementation and Time Extensions 22.66 concert with the Building Official, shall be responsible for setting the amount of the required security. 22.66.050 - Time Limits and Extensions A. Time limits. To ensure continued compliance with the provisions of this Chapter, each approved permit or entitlement shall expire one year from the date of approval, unless otherwise specified in the permit or entitlement, if the use has not been exercised. Time extensions may be granted in compliance with C*p 22.66 (Permit Implementation and Time Extensions), if a written request is submitted by the applicant, and received by the Department, at least 30 days prior to the expiration of the permit. If a permit or entitlement has not been exercised within the established timeframe, and a time extension is not granted, the provisions of 5et-1 : 22.66.050.C. (Extensions of time), below shall deem the permit or entitlement void. & Permit implementation - exercising the permit or entitlement. I. Exercised, defined. An approved permit or entitlement shall be exercised before its expiration. The permit or entitlement shall not be deemed exercised until the permittee has: a. Obtained a Building Permit and continuous on-site construction activity including pouring of foundations, installation of utilities, or other similar substantial improvements has commenced; b. Obtained a Grading Permit and has completed a significant amount of on-site grading, as determined by the Director; C. Actually implemented the allowed land use, in its entirety, on the subject property in compliance with the conditions of approval. 2. Project phasing. a. Two or more phases. Where the permit or entitlement provides for development in two or more phases or units in sequence, the permit or entitlement shall not be approved until the review authority has approved the final phasing plan for the entire project site. The project applicant shall not be allowed to develop one phase in compliance with the pre-existing base zoning district and then develop the remaining phases in compliance with this Section, without review authority approval. Diamond Bar Development Code Article V - Development Code Administration Permit Implementation and Time Extensions 22.66 b. Commencement for each phase. If a project is to be built in pre -approved phases, each subsequent phase shall have- one year from the previous phase's date of construction commencement to the next phase's date of construction commencement to have occurred, unless otherwise specified in the permit or entitlement, or the permit or entitlement shall expire and be deemed void. c. Tentative map. If the application for the permit or entitlement also involves the approval of a tentative map, the phasing shall be consistent with the tentative map and the permit or entitlement shall be exercised before the expiration of the companion tentative map. C. Extensions of time. 1. On the applicant's own motion and on the filing of a request for extension by the applicant at least 30 days before the expiration, the original review authority may extend the time to establish an approved permit. 2. The applicant shall file a written request for an extension of time with the Department, together with the Bing fee required by the Citys Fee Resolution. The review authority shall then determine whether the permittee has made a good faith effort to establish the permit. The burden of proof is on the permittee to establish, with substantial evidence beyond the control of the permittee (e.g., demonstration of financial hardship, legal problems with the closure of the sale of the parcel, poor weather conditions in which to complete construction activities, etc.), why the permit should be extended. 3. If the review authority determines that the permittee has proceeded in good faith and has exercised due diligence in seeking to establish the permit, the review authority shall an extension for up to two successive periods, not to exceed six months each. D. Hearing on expiration/extension: If the matter originally required a noticed public hearing, the review authority shall hold a public hearing on the proposed extension of a permit or entitlement, and give notice, in compliance with :µu 22.72 (Public Hearings). Upon good cause shown, the first extension may be approved, approved with modifications or disapproved by the Director, whose decisions may be appealed to the Commission, in compliance with Y 22.74 (Appeals). Subsequent extensions ma P WOW (PPS )• �N Y be approved, approved with modifications or disapproved by the Commission, whose decisions may be appealed to the Council. The maximum number of months that a permit or entitlement may be extended shall not exceed a total of two additional six-month periods beyond the expiration of the original approval. 22.66.060 - Changes to an Approved Project A development or new land use authorized through a Temporary Use Permit, Administrative Developum t Review, Development Review, Mince Variance, Variance, Manor Conditional Use Permit or C subdosl Use Pen dwA be established only as approved by the review authority and subject to conditions of approval, except where changes to the project are approved in compliance with this Section. An applicant shall request desired changes in writing, and shall also furnish Diamond doe Development Code Article V -Development Code Administration V-9 Permit Implementation and Time Extensions 22.66 aF mate supporting materials and an explanation of the reasons for the request. Changes may be ret_ ted either before or after construction or establishment and operation of the approved use. If the matter originally required a noticed public hearing, the review authority shall hold a public hearing on the requested change(s), and give notice, in compliance with Chapter: 22.72 (Public Hearings). A. Minor changes. The Director may authorize minor changes to an approved site plan, architecture, or the nature of the approved use if the changes: L Are consistent with all applicable provisions of this Development Code and the spirit and intent of the original approval; 2. Do not involve a feature of the project that was a basis for findings in a negative declaration or environmental impact report for the project; 3. Do not involve a feature of the project that was specifically addressed or was a basis for conditions of approval for the project or that was a specific consideration by the review authority (e.g., the Director, Hearing Officer, Commission, or Council) in the approval of the permit, and 4. Do not result in an expansion of the use. B- Major matiffimtions clanges. Major changes involve features described in Subsections A.2. and A.3. (Minor changes), above, and shall only be approved by the review authority through a new entitlement applica tic n or modification, processed in compliance with this Development Code. 22.66.070 - Resubmittals *—For a period of one year following the approval, disapproval or revocation/modification of a discretionary land use permit or entitlement, no application for the same or substantially similar discretionary permit or entitlement for the same site shall be filed. The Director shall determine whether the new application is for a discretionary land use permit or entitlement which is the same or substantially similar to the previously approved or disapproved permit or entitlement. A011 = Hie prew wed penstit or . The determination of c h r Director may be appealed to the Commission, in compliance with Ctpl 22 (APPeals)• Diamond Bar Development Co�dhe Article V - Development Code Administra tion a9 ;i: wrx.;.,�sy�5 .:.. ss�...��'.�:Jt?1�,,�,. �.,�'�.',.,,�.�,IG��. V-10 Nonconforming Uses, Structures, and Parcels 22.68 Officer may approve a Minor Conditional Use Permit only if the following findings can be made, in addition to those contained in Section 22.56.040 (-Findings and Decision). ----SC. Findings. The addition, enlargement, extension, reconstruction, relocation or structural alteration of the nonconforming structure would not result in the structure becoming: Incompatible with other structures in the neighborhood; Inconsistent with the General Plan or any applicable specific plan; �3. A restriction to the eventual/future compliance with the applicable regulations of this Development Code; Detrimental to the health, safety and general welfare of persons residing in the neighborhood; and — e5. Detrimental and/or injurious to property and improvements in the neighborhood. ---dD. Nonconforming due to parking. A nonconforming structure, rendered nonconforming due to lack of compliance with current standards regarding off- street parking, may undergo changes in compliance with :;" 22.68.030 (Restrictions on Nonconforming Structures), above, without the approval of a Conditional Use Permit, subject to the following provisions: —a1. Residential rises. Additional parldng spaces or driveway paving shall not be required provided the change does not result in an increase in the number of dwelling units within the structure, nor the elimination of the only portion of the parcel which can be used for the required/existing vehicle parking or access; or —b2. None ddantW Stratturea with parking opsee deficiencies shall be permitted to be occupied by now allowed none provided that: a. The now ashas the same or lesser parking requirement as the existing or previous use. L The new use bas a greater requirement than the existing or previous we and a sufficient m a b r of additional parking spate: have been provided to aeaawodato the increased number of required spaces: or a. Tb• saw no will be undarparked by 25 percent or oars ad a parking study has base prepared to determine the required number of parking spasm —iE. Maintenance and repair. A nonconforming structure may undergo maintenance and repairs in the following manner: Mmond Ear Develops sent Code Article V - Developmmt Code Administration ," " b ��1 V-15 Nonconforming Uses, Structures, and Parcels 22-68 HnOr- Minor normal maintenance and repairs to a nonconforming gructure a. Provided no dredIrml "a*= are made (exception: am Subsection aan the d41-41 , ---, I work dean not IXCOW 25 P&V"t of the current appraisedf reploceawt Volvo ofd the structure as shown b the Canty Assessor's records In a of year period; and h. When required structural alteration work exceeds 25 parent of th@ current replacement wake of the structure. as shown 10 the County Assonoes records. subifttapprais@dl to the approval of the How1g, Officer in compliance with Permits). Ch" 22-51 (Minor Conditional Use 2* M*** Major repairs to a nonconforming structure, when the cost Of repairing or replacing the damaged portion of the structure exceeds 50 percent of the current appraised/replacement value Of the structure, as shown in the County Assessor's records destruction, in compliancewith 6.06 , before damage or . ..... t22-69-OSO.B.2. (Termination by destruction), below. ---,6F.SeIsn* rOft*fittkigIBu"V C4mk compliance. Repairs or alterations Oft"iwTequired by lato comply Shan be allowed. Reconstruction required to re'nfbrce umvbfm'ced masonry structures or ply with Building Code requirements shall be pet stru tur Rmita - I 6L- -3. . allowed without cost -7 The **Isob n*vnftg sad Code complbecs shall be limited ow"hwy to compliance with earthquake safety standards ad other applbAb Building Code requirements, Including, State law (L#.. Title 24, Cglifemb Cede of Regulations, OW. G. Othw modeTyle addition, enlargement, extension, reconstruction, or structural alteration of & Wwonbrnling structure may be allowed Provided the modification(s) is necessary to secure added safety Of to reduce the fire hazard and/or to secure aesthetic advantages through the alipfnel[C archiftture, or closer =*Mnity 10 surrounding allowed structures in the immediate neighborhood, With Kum Conditional Use Permit approval in compliance with 22.56. ca-ftsidlig we of ca -ft ndi 12 use Od!n wbe -1ila ON Of a sft actua e tj -Win ft C- l! ta2stsfe-ed, w -d Wed dme no sh -- almy be contis reqtdi atiolts, except -those I B2ceed an-21121--ofig pelceglt aft," tOW RM F'FMISIM = On Of d1c sh WW e befix e 8 Diamond Bar Devetopaunt Code Arlide V - Developmmi CWt- AdmInist=b'IM.M WE V-16 Definitions A 6. Adult-oriented theater. An establishment which, for any form of consideration, as a regular and substantial course of conduct presents live performances that either: a. Are characterized by the simulation of specified sexual activities; or b. Feature any seminude person. 1. Couch DancinglStraddle Dancing. An activity involving at least two persons where at least one of the persons Is a patron who is sitting or resting on an object or the floor and at least one of the persons is dancing or moving such that said person's genitals, pubic region, buttock or female breast, regardless of whether such body area Is covered or uncovered, is positioned for any period of time within three feet of, and at a level between, the chin and forehead of, the person(s) who islare sitting or resting on an object or the floor. 8. Entertainer. A person who, for any form of consideration, performs at an adult-oriented business. Such persons shall constitute "entertainers" reg_dIess. ofthe 'r legal relationship (e.g., employee, owner, or independent contractor) with the JJJJJJW dented business. 9. Modeling studio. An establishment that provides, for any form of consideration, semi-nude figure models or figure models who expose specified anatomical areas for the purpose of observation, sketching, photography, painting, sculpting or other depiction by persons paying such consideration. This definition shall not include the following: a. Schools maintained pursuant to standards set by the State Board of Education; and b. Schools maintained by an individual artist or group of artists, and which do not provide, permit, or make available specified sexual activities. 10. Owner. a. The sole proprietor of an adult-oriented business; b. Any general partner of a partnership that owns and operates a sexually -oriented business; and c. The owner of a controlling interest in a corporation that owns and operates a sexually -oriented business; and d. The person designated by the officers of a corporation to be the permit holder for a sexually -oriented business owned and operated by the corporation. 11. Perform at d sexaally: an adult-oriented business. To engage in or participate in any live performance at a sexually -oriented business that either. Diamond Bar Development Code Article VI Development Code Definitions V1-5 A Definitions a. Is characterized by an emphasis upon the simulation of specified sexual activities; or b. Features any seminude person. 12. Regular and substantial course of conduct and regular and substantial portion of business. Any of the following conditions: a. At least twenty percent (20°/6) of the stock -in -trade is devoted to sexually oriented material, sexually oriented merchandise, or both; provided, however, that this criteria shall not apply to mail order businesses or wholesale businesses with no patrons on the premises. b. At least twenty percent (201/4 of the total display area is devoted to sexually oriented material, sexually oriented merchandise, or both; provided, however, that this criteria shall not apply to mail order businesses or wholesale businesses with no patrons on the premises. c. The business presents any type of entertainment, live or otherwise, characterized by an emphasis on the simulation of specified sexual activities or featuring any semi-nude person on any four 14) or more separate days within any thirty (30) day period. d. At least twenty percent (200/4 of the gross receipts of the business are derived from the sale, trade, rental, display or presentation of services, products, materials or entertainment which Is characterized by an emphasis on specified sexual activities or the exposure of specified anatomical areas. IM Semi-nude. "Semi-nuds" means a state of dress in which clothing covers no more than the genitals, pubic region, buttocks, areola and nipple of the female breast, as well as portions of the body covered by supporting straps or devices. Diamond Bar Development Code Article VI Development Code Definitions VI -6 Definitions A { Sexually oriented material. "Sexually oriented material" means any book, periodical, magazine, photogra* drawing, soulpture. motion -picture film, videotape recording, or other visual represents" which is characterized by specified sexual activities or the exposure of specified anatomical areas. Sexually oriented merchandise. "Sexually oriented narchand1W moans sexually oriented implements or paraphernalia, such as. but not limited to: dildos; auto sucks; sexually oriented vibratorx edible vWwwosr, bonwo balls; inflatable orifices; anatomical bodeons with orifices; s =MW vagus and surer sexually oriented devices which we designed or marketed primarily for the stimulation of human genital organa or sadomesochlatle activity. Speoif ed Anatomical Areas. L Less than completely and opaquely covered human 1) genitals or pubic region; 2) buttocks; and 3) female breast below a point Immediately mediately above the top of the arools; b. Human nab genitals Ina discernibly turgid state, even if completely and opaquely covered: o. Any daviea, oostuaao or covering that simulates any of the body parts included in abparagrapha W or lb) above. : •• �e1ed vN9 :i• I i!i ..Y : ipesi W Sexual Asthrlt m The following activities, whether performed dirw* or Indirecity through clothing or other covering: L The foudiN or other orotic touching of human genitals, puble region. buttocks. anus, or huab broaet: b. Sex acts, actual or simulated, including intercourse, oral copulation, or sodomy; L Masturbation, actual or simulated; Diamond Bar V1 VI -7 grow { Sexually oriented material. "Sexually oriented material" means any book, periodical, magazine, photogra* drawing, soulpture. motion -picture film, videotape recording, or other visual represents" which is characterized by specified sexual activities or the exposure of specified anatomical areas. Sexually oriented merchandise. "Sexually oriented narchand1W moans sexually oriented implements or paraphernalia, such as. but not limited to: dildos; auto sucks; sexually oriented vibratorx edible vWwwosr, bonwo balls; inflatable orifices; anatomical bodeons with orifices; s =MW vagus and surer sexually oriented devices which we designed or marketed primarily for the stimulation of human genital organa or sadomesochlatle activity. Speoif ed Anatomical Areas. L Less than completely and opaquely covered human 1) genitals or pubic region; 2) buttocks; and 3) female breast below a point Immediately mediately above the top of the arools; b. Human nab genitals Ina discernibly turgid state, even if completely and opaquely covered: o. Any daviea, oostuaao or covering that simulates any of the body parts included in abparagrapha W or lb) above. : •• �e1ed vN9 :i• I i!i ..Y : ipesi W Sexual Asthrlt m The following activities, whether performed dirw* or Indirecity through clothing or other covering: L The foudiN or other orotic touching of human genitals, puble region. buttocks. anus, or huab broaet: b. Sex acts, actual or simulated, including intercourse, oral copulation, or sodomy; L Masturbation, actual or simulated; Diamond Bar V1 VI -7 Definitions A d. Excretory functions as part of, or in connection with, any of the other activities described In subparagraphs (a) through (c) of this paragraph. Substantially enlarged The increase in floor area occupied by a --oriented kutinsssly Mrs tka 10 percent of its floor area as it existed at the time aRoom riented Musinm Hermit was issued for the business Agent. A person authorized in writing by a property owner or lessee to represent and act for a property owner in contacts with City employees, committees, Commissions, and the Council, regarding matters regulated by this Development Code. Alcoholic Beverage Sales. The retail sale of beer, wine, and/or other alcoholic beverages for on or off -premise consumption Alley. A public or private roadway, generally not more than 30 feet wide that provides vehicle access to the rear or side of parcels having other public street frontage, that is not intended for general traffic circulation. Allowed Use. Land uses that are listed as permitted or conditionally permitted in Article H (Zoning Districts and Allowable Land uses), subject to compliance with all applicable provisions of this Development Code. Alteration. Any construction or physical change in the internal arrangement of rooms or the supporting members of a structure, or a change in the external appearance of any structure, not including painting. Alternative transportation modes. Any mode of travel that serves as an alternative to a single occupant vehicle, including all forms of ridesharing (i.e. carpooling, vanpooling), public transit, bicycling, walking, etc. Ambient noise histogram. The composite of all noise from sources near and far, excluding an alleged intrusive noise source. In this context, the ambient noise histogram shall constitute the normal or existing level of environmental noise at a given location. Ambulance Service. A commercial facility where ambulances are stored, and from which ambulances and emergency personnel are dispatched to emergencies. Amenity. A public benefit in excess of the minimum which is required to be provided by the developer in conjunction with a development project as a condition of approval. Examples of amenities may include permanent open space and landscaping; public art; recreational facilities; and on-site child day care facilities. Antenna. A device used in communications which transmits or receives radio signals, including the following. 1. Antenna, Dish. A dish -like antennas used to link communication sites together by wireless transmissions of voice or data. Also called microwave dish antenna. Article VI Development Code Definition V1-8 Definitions 0 DBH (diameter at breast height). The diameter of a tree trunk measured in inches at a height of 4.5 feet at the higiwst a'Wftwate® point of the natural grade or existing grade adjacent to the trunk. If a tree splits into multiple trunks below 4.5 feet, the trunk is measured at its most narrow point beneath the split. Deadwood. Limbs, branches or a portion of a tree that contains no leaves during a period of the year when leaves should be present. Decibel. A unit for measuring the amplitude of a sound, equal to 20 times the logarithm to the base of ten of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micropascals. Density. The number of housing units per net acre, unless otherwise stated, for residential uses. Density Bonus. An increase in the number of dwelling units normally allowed on a Parcel by the applicable zoning district, granted by the City in compliance with 000ft 22.18 (Affordable Housing Incentives/Density Bonus Provisions). Department. The Diamond Bar Community and Development Services Department, referred to in this Development Code as "Department." Detached. Any structure that does not have a wall or roof in common with another structure. Development Any construction activity or alteration of the landscape, its terrain contour or vegetation, including the erection or alteration of structures. New development is any construction, or alteration of an existing structure or land use, or establishment of a land use, after the effective date of this Development Code. Development Code. The Diamond Bar Development Code, Title 22 of the Diamond Bar Municipal Code, referred to herein as "this Development Code." Development Agreement A contract between the City and an applicant for a development project, in compliance with 040t0 .62 (Development Agreements) of this Development Code and Government Code Sections 65864 et seq. A development agreement is intended to provide assurance to the applicant that an approved project may proceed subject to the policies, rules, regulations, and conditions of approval applicable to the project at the time of approval, regardless of any changes to City policies, rules, and regulations after project approval. In return, the City may be assured that the applicant will provide infrastructure and/or pay fees required by a new project Diameter at breast height. See "DBH." Director. Where the term "Director" is used in this Development Code, the title shall mean the Deputy City Manager 44iftW responsible for Community and Development Services. Bar Development Code Article VI Development Code Definition 4 VI -15 D Diseased trees. Trees afflicted by but not limited to any of the following: insect infestation, heart rot, exfoliation, slime flux, crown rot, leaf which must be evaluated, treated and re-evaluated an an effort , and root fungus to restore or save the tree. Drip line. A line which may be drawn on theound a tree directly under its outermost bracich tips and which identifies that location where rainwater tends to drip from the trees. -When depicted on a map, the dripline will as an circle that follows the contour of the tree's branches as seen � ehazd Drive-in and Drive-thrn Sales. Facilities where food or other products may be purchased by motorists without having their vehicles, reThesebes include fast-food restaurants, drf"4=ugh coffee, dairy Product,photo slants, etc. Drive-in and Drive-thrn Services. Facilities where motorists without laving their vehicles. These services may be obtained l y� meows, dry d"n8m, etc Does not include: autfar xmt include &1" -UP bank teller automobile service statioms, or car washes, which are "Plin(ATMs) or Duplexes. Residential structures under single ownersltip aontatining two dwellings. Dwelling unit: Any structure designed or used Persons - for the shelter or housing of one or more Diamond Isar Developauat Code Article . I - Development Code DeEmitions Nearing Draft - December 9, IM VI-16ons Definitions [7 DBH (diameter at breast height). The diameter of a tree trunk measured in inches at a to adjacent to height of feet at the Wiest- aIVMRMWe point of the natural grade or existing grade the trunk If a tree splits into multiple trunks below 4.5 feet, the trunk is measured at its most narrow point beneath the split. Deadwood. Limbs, branches or a portion of a tree that contains no leaves during a period of the year when leaves should be present. Deabel. A unit for measuring the amplitude of a sound, equal to 20 times the logarithm to the base of ten of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micropascals. Density The number of housing units per net acre, unless otherwise stated, for residential uses. D"Lllty menus- An increase in the number of dwelling units normally allowed on a parcel by the applicable zoning district, granted by the City in compliance. with ::: `:' : ` (Affordable Housing Incentives/Density Bonus Provisions). .A1 22.18 Department. The Diamond Bar Community and Development Services Department, referred to in this Development Code as "Department." Detached. Any structure that does not have a wall or roof in common with another structure. Development. Any construction activity or alteration of the landscape, its terrain contour or vegetation, including the erection or alteration of structures. New development is any ronstruction, or alteration of an existing structure or land use, or establishment of a land use, after the effective date of this Development Code. Development Code. The Diamond Bar Development Code, Title 22 of the Diamond Bar Municipal Code, referred to herein as "this Development Code." Development Agreement. A contract between the City and an applicant for a development project, in compliance with 04002-62 (Development Agreements) of this Development Code and Government Code Sections 65864 et seq. A development amt is untended to provide assurance to the applicant that an approved project may proceed subject to the policies, rules, regulations, and conditions of approval applicable to the project at the time of approval, regardless of any changes to City policies, rules, and 1egulations after project approval. In return, the City may be assured that the applicant will Provide infrastructure and/or pay fees required by a new project. Diameter at breast height. See "DBH." mean the Director.Where the term "Director" is used in this Development Code the title shall Services. Deputy City Manager responsible for Community and Development VI -1a Definitions FV - E• Definitions, "E." The following definitions are in alphabetical order. Ecological restoration project. A project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem. Edge of roof. On a pitched roof, the lowest portion of the facia board covering the roof rafters, or if no facia board exists, the lowest point of the roof rafters. On a flat roof, the top of the parapet wall. Effective bulk. The effective visual bulk of structure when seen from a distance or from above or below. Electronics and Equipment Manufacturing. Establishments engaged in manufacturing machinery, apparatus, and supplies for the generation, storage, transmission, transformation and use of electrical energy, including: ap brass such as sW VW0vens, retrigsrators, amu, vacuum 06fCal bun0nMssion and diatributlon equipment SWCUa is OOMPOnwb and accessories, and *WnftrAWII0r*, Integrated circuits, related elsdmft Mlstrun Onts, components and equipment such as caicuW" and computers I9hWipl W"V mus WW W'rbD squiPmsr>< such as lamps and devices, vehicle lighting IndusmW controls instrturo tt for nteaturar OW, testing, analysis and c01110 a, aadch bad senses and accessories Does not include testing laboratories (soils, materials testing, etc.) (see "Business Support Services'l, or research and development facilities separate from manufa "Research and Development"). cturing (see Elevation. Height or distance above sea level. Emergency machinery, vehicle or alarm. Any machinery, vehicle or alarm used, employed, Performed or operated in an effort to protect, provide or restore safe conditions in the community or for the citizenry, or work by private or public utilities when restoring utility service. Emergency work, Work performed for the purpose of preventing or alleviating the Physical trauma or property damage threatened or caused by an emergency. Employee Pm'k'ng area- The portion of total required parking at a development used by on-site employees. Enlargement of use. The expansion of a land use activity on a site or within a structure SO that the use/activity occupies more floor or site area than before the expansion. Diseased trees. Trees afflicted by but not D infestation, heat rot limited to any of the following: insect exfoliation, slime Dux, crown rot le �h, and root which must be evaluated, treated and re-evaluated a� anfungus I or save the tree. Drip line. A line which may be drawn on theound ' O1i o� tips and which identifies thalocation wwh a t� directly under its from the tress' When ducted on a mawin rainwater tends to drip circle that follows the coaftw of the bepe,sb�� as afar 0 an h=Vjjar shaped seen frost overhead. Drive-in and Drive-turn Sales. Facilities w Purchased by nwtonsts withmt t leaving their vehicles. here food oc other Products may be restaurants, dnve-thmgh coffee, daisy ProductP tost� oz+es�� uxlude fast-food , etc and Drive-ftu Semi- Facilities where se VUMMftrisftwidmt ma V1g their vehicles. These facilities Y be obtained by windows, dry clew ms, etc. Does not include:au k bank teller autonwbile savice ststim, or car washes, which kp' (ATMs) or Dapl . ' Residential stnXtures under single own,.Np COntRhg two dwellings. Dwelling tout. Any structure designed or used for the shelter ori�,,..��� Pis• housing Of one or more Diamead Ear Davdopment Code Hearing Draft - December 9, 1997 Article VI - Development Code Definitions VI -16 Definitions E Equestrian Facilities. £'oenere ch1`Iorse, donkey, and mule facilities including horse ranches, boarding stables, riding sools and academies, horse exhibition facilities (for shows or other competitive events), pack stations, and barns, stables, corrals and paddocks accessory and incidental to these uses. Equipment Rental. Service establishments with outdoor storage/rental yards, which may offer a wide variety of materials and equipment for rental, equipment. including construction mon' The Process by which the soil and rock components of the earth's crust are worn away and removed from one place to another by natural forces such as wind and water. Estimated annual water use. The annual estimated water use of a landscape that is based upon irrigation efficiency, precipitation rates, and scheduled length of water applications. This should be expressed in inches of irrigation water per square foot of landscape area per year. Evapotranspiration. The total water loss from the soil, including that by direct evaporation and that by transpiration from the surfaces of plants. Definitions G c. Landscaping is applied in random or geometric patterns. 3. Landform. grading. See Figure 6- a. Landform grading replicates the irregular shapes of natural slopes resulting in aesthetically pleasing elevations and profiles. Landform -graded slopes are characterized by continuous series of concave and convex forms interspersed with mounds that blend into the profiles, not linear in plan view, and varying slope gradients, and significant transition zones between man-made and natural slopes. Resultant pad configurations are irregular. b. Slope down -drain devices either follow the natural line of the slopes or are tucked away in special $wale and berm combinations in order to conceal the drains from vies'.'. Exposed segments in high visibility areas are treated with natural rock. c• Landscaping becomes a revegetation process and is applied in patterns that occur in nature. trees and shrubs are concentrated largely in concave areas, while convex portions are planted mainly with groundcovers. Grand opening. A promotional activity not exceeding 30 calendar days used by newly established businesses, within two months after initial occupancy, to inform the public of their location and services available to the community. "Grand Opening" does not mean an annual or occasional promotion of retail sales by a business. Golf Courses/Country Clubs. Golf courses, and accessory facilities and uses including: clubhouses with bar and restaurant, locker and shower facilities; driving ranges; "pro shops" for on-site sales of golfing equipment; and golf cart storage and sales facilities. Granny flat. See "Secondary Residential Units." Grocery Stores. Stom where most of the floor area is devoted to the sale of food products for home preparation and consumption, which typically also offer other home care and Personal care products, and which are substantially larger and carry a broader range of merchandise than "Convenience Stores." Guest House. A detached structure of 400 square feet or more, accessory to a single- familydweUng, ac0ommodating ling/sleeping quarters, but without kitchen or cooking facilities. Definitions F09 H- Definitions, "H-" The following definitions are in alphabetical order. Handcraft Industries. Establishments manufacturing and/or assembling small products Primarily by hand, including jewelry, pottery and other ceramics, as well as small glass and metal art and craft products. Health/Fitness Facilities- Fitness centers, gymnasiums, health and athletic clubs including indoor sauna, spa or hot tub facilities; indoor tennis, handball, racquetball, and other indoor sports activities. Health care institution. A hospital, convalescent home, or other similar facility that Provides health carve, medical treatment, room, board or other services for the ffljio� I no or convalescent. Hearing Officer. The Diamond Bar Community and Development Services Department employee designated by the Community Officer, with the authority and responsibility Director as the City's Hearing ty to conduct public hearings and approve or disapprove land use permit applications in compliance with Article TV (Land Use and Development Permit Procedures). Height of Structure. See $�gpr<'.22-16.060 (Height Measurement and Height Lm:t Exceptions). Heliport. A facility for the landing and takeoff of helicopters, and associated passenger and freight loading and unloading. Hillside. A parcel of land which contains grades in excess of 10%. Home Occupation. The conduct of a business within a dwelling unit or residentia I s, t e employing occupants of the dwelling, with the business activity being subordinate to o --e residential use of the property. Hospital. See "Medical Services - Hospitals." Hotel or Motel. Facilities with guest rooms or suites, provided with or without kitchen facilities, rented to the general public for transient lodging (less than 30 days). Hote-j Provide access to most guest rooms from an interior walkway, and typically include j variety Of services in addition to lodging; for example, restaurants, meeting facilities, personal services, etc. Motels provide access to most guest rooiris from an exterior Walkway. Also includes accessory guest facilities such as swimming pools, tennis courts, indoor athletic facilities, accessory retail uses, etc. Hydrozone. A Portion of the landscaped area having plants with similar water needs tha t are served by a valve or set of valves with the same schedule. A hydrozone may be Lye Definitions H irrigated or nonirrigated. For example, a naturalized area planted with native vegetation that will not need supplemental irrigation once established is a nonirrigated hydrozone. Definitions I. Definitions, "I." The following definitions are in alphabetical order. Impulsive noise. A sound of short duration, usually less than one second and of high intensity, with an abrupt onset and rapid decay. Indoor Amusement/Entertainment Facilities. Establishments providing indoor amusement/entertainment services for a fee or admission charge, including. h01"FA o 2101P and rooms danoa hda, clubs and b@M r1 r1 s sMcaonic gww arcade fa aMMkp and roNsr sMMkp . y mart' uses (w aW chapter fWaf the Mwdclpel cods) Four or more electronic games or coin-operated amusements in any establishment, or a premises where 50 percent or more of the floor area is occupied by amusement devices, are considered an electronic game arcade as described above, three or less machines a re not considered a land use separate from the primary use of the site. Infiltration rate. The rate of water entry into the soil expressed as a depth of water per unit of time (inches per hour). Intensification of use. A change in the use of a structure or site, where the new use ;s required by, 22.30 (Off -Street Parking and Loading Standards) to have more off- street parking spaces than the former use; or a change in the operating characteristics of a use (for example, hours of operation), which generate more activity on the site. Intrusive noise. The alleged offensive noise that intrudes over and above the existing ambient noise at the receptor property. J. Definitiorm "J." No definitions of terms beginning with the letter Tate used at this time. K. Definitions, "K." The following definitions are in alphabetical order. VI -27 Definitions [A Kennels and Animal Boarding. Commercial facilities for the breeding, keeping, grooming, boarding or maintaining of four or more dogs four months of age or older, or four or more cats for commercial purposes, except for dogs or cats in pet shops. Kitchen or Kitchenette. An area designed and/or used for the preparation of food, which includes any three of the following features: 1. Cooldng or food heating equipment, including a hot plate, microwave, oven, or range; 2. A refrigerator or other device for cold storage; Vl- 27a 4. Recycling facility.R MaI• A "certified center for the collection and/orprocessing " recYclutB Processin faoli of recyclable Departrnent of Conservation as meeting g certified b3' the California Container Recycling and litter Reduction Act Of1986. A �e�ts of the California Beverage include storage containers located on a residentially,c r�3'�ll fatty does not designated- site used solely for the l y or industrially "Collection Facility^ above. 'g °f material generated on the site. See 5• Rerycling or dable, which can be Muted terial. Reusable domestic containers and glass' lass metals , reavnufactured, or reused in an altered f o� materials hazardous materials. and Plastic. Recyclable material does not include re or 6. Reverseone or m >uuhitu. An autoauted mechanical device Which Of empty beverage containers and acmPts at least redeemable cntdd slip with A value not less than the �� a cash refund or a as by State law. These v 00 s option value, glass P� boides, and other nvy aaoept aluatinn. cans, A bulk vending machine is a rev en" feed, is designed to accept mare thane v�g er at ne that is larger than 50 refund based on total weight instead of by container. at a bale, and issues a cash 7. Scrap and disc i tlin 8 yards. Outdoor establishmentr assemblin8, breaking up, sorting, and the P�"�Y engaged in myclable or reusable soap and waste ma �°�y storage and distribution of au ��, including auto wreckers engaged P�dismantling tomobiles for scrap, and � dental wholesale or vd icift includes light and heavy retail sales of (see the definftiona above). Does not include: I� facilities for recyciil,g dtxted enn+dy within buildings; pawn Shops,P1 s where these ac�vities are sale of operative Used c: or landfills or othaste other 1 u� d stores; the Rehabl;1i6ged landscape. A relandscaping ngtund Psd' �dtiding a Grading Pry that g pe res or r a component of a pati g ermit, Building Peraut, or Conditional Use Religions Places of W °shiP• Religious faclities operated by orgutizations for worshi Promodm of r activities, including ch P - and and saceseory uses on the same si synagogues, mea, etc., mizziltiess and stmt; and dnyd day cue facilities whom autho6zed te' including living quarters for the religious �� fee the full-time itself, pthe! b� bY f P�1 by time educational insfittrtipts, h0iipi operataonsapaataons (i.e., a recreational caanp) are a other according to their 't""Nh and D0v*l0Pmftt- Indoor da�op� ung of electrical,dit es for scienti>u and the design. components m advance of p�� nm oP �d mechanical that associated with a ntartuficturingfacility on the same site. Includes citieaucai and biabeclutiology research Diamond Bar DeMopment Code Hearing Draft - December 9,1997 Azdde VI - Development Code Dentitions VI -41 Definitions R and development. Does not include computer software companies (see "Offices - Production"), soils and other materials testing laboratories (see "Business Support Services"), or medical laboratories (see "Medical Services - Clinics and Labs"). Residential Accessory Uses and Structures. Anyi use and/or structure that is customarily a part of, and clearly incidental and secondary to, a residence and does not change the character of the residential use. These uses include the following detached accessory structures, and other similar structures normally associated with a residential use of property: 9WW" studios gaubm swimming pools g1 m o tennis and other al -alts spot courts spas and hot cutis wortcshops Also includes the indoor storage rif automobiles (including their incidental restoration and repair), personal recreational vehicles and other personal property, accessory to a residential use. Does not include home satellite dish and other receiving antennas for earth -based TV and radio broadcasts; see "Telecommunications Facilities." Residential Care Homes. Facilities providing residential social and personal care for children, the elderly, and people with some limits on their ability for self-care, but where medical care is not a major element. Includes children' homes; family care homes; foster homes; group homes; halfway houses; orphanages; rehabilitation centers; and similar uses. Does not include child day care facilities or family day care homes, which are separately defined (see "Child Day Care"). Residential district or zone. Any of the residential zoning districts established by :Section 22.06.020 (Zoning Districts Established). Restaurant, Counter Service. A retail business where customers are served prepared food from a walk-up ordering counter for either on- or off -premise consumption. A restaurant with drive -up or drive-through service is instead included under the definition of "Drive-in and Drive-Thru Sales." Restaurant, Table Service. A retail business selling food and beverages prepared on the site, where most customers are served food at tables for on -premise consumption. These restaurants may also provide food on a take-out basis where take-out is clearly secondary to table service. Review authority. The individual or official City body (the Community Development Director, Phmning Commission, or City Council) identified by this Development Code as having the responsibility and authority to review, and approve or disapprove the permit applications descrnbed in Article IV (Land Use and Development Permit Procedures). Ridesharing. The cooperative effort of two or more people traveling together for the purpose of getting to work Utilization of carpools, vanpools, buspools, taxipools, trains and bus and rail transit are all examples of ridesharing. Diamond Bar VI Development V1-42 Definitions f. A sign which is a traffic hazard not created by relocation of streets or highways or by acts of the City; or g. A sign that pertains to the specific event and five days have elapsed since the occurrence of the event. 24. Institutional sign. A sign used by a nonprofit, religious, or public entity (e.g., church, library, school, hospital, or government building). 25. Internally illuminated sign. A sign that has characters, letters, figures, designs, or outlines and whose light source is located in the interior of the sign so that the rays go through the face of the sign, or light source which is attached to the face of the sign and is perceived as a design element of the sign. 26. Logo. A distinctive organization or company signature, trademark, or symbol. 27. Marquee (canopy) sign. A sign which is attached to or otherwise made a part of a Permanent roof -like structure which projects beyond the building wall in the form of a large canopy to provide protection from the weather. 28. Menu board. A sign depicting the menu of a restaurant or fast-food takeout facility. 29. Monument sign. An independent, freestanding structure supported on the ground having a solid base as opposed to being supported by poles or open braces. 30. Nameplate. A small sign or plaque identifying the name and/or address of the occupant of a structure or business. 31. Nonconforming sign. An advertising structure or sign that was lawfully erected and maintained prio. to A - e, but does not now completely comply with the requirements of this Development Code. 32. Off -Site directional sign. A sign identifying a publicly owned facility, emergency facility, or a temporary subdivision sign, but excluding real estate signs. 33. Off -Site sign. Any sign identifying a use, facility, service, or product which is not located, sold, or manufactured on the same premise as the sign or which identifies a use, service, or product by a brand name which, although sold or manufactured on the premise, does not constitute the principal item for sale or manufactured on the premise. 34. Permanent sign. A sign constructed of durable materials and intended to exist for the duration of time that the use or occupant is located on the premises. 35. Political sign. A sign designed for the purpose of advertising support of or opposition to a candidate or proposition for a public election. 36. Portable sign. A sign that is not permanently affixed to a structure or the ground. Diamond Bar Development Code Article VI Development Code Definition: 8 VI -47 Definitions S 37. Projecting sign. A sign other than a wall sign suspending from, or supported by, a structure and projecting outward. 38. Promotional sign. A sign erected on a temporary basis to promote the sale of new products, new management, new hours of operation, a new service, or to promote a special sale. 39. Real estate sign A sign indicating that a property or any portion thereof is available for inspection, sale, lease, rent, or directing people to a property, but not including temporary subdivision signs. 40. Roof sign A sign constructed upon or over a roof, or placed so as to extend above the edge of the roof. 41. Special event sign/banner. A temporary sign or banner that is intended to inform the public of a unique happening, action, purpose, or occasion (i.e., grand opening or community event). 42. Temporary sign. Any sign intended to be displayed for a limited period of time and capable of being viewed from any public right-of-way, parking area or neighboring property. 43. Translucent. Surface that allows light to shine through, but is diffused to the extent that distinct images cannot be perceived. 44. Vehicle sign. A sign which is attached to or painted on a vehicle which is parked on or adjacent to any property, the principal purpose of which is to attract attention to a product sold or business located on the property. 45. Wall sign. A sign which is attached to or painted on the exterior wall of a structure with the display surface of the sign approximately parallel to the building wall. 46. Window sign. Any sign posted, painted, placed, or affixed in or on any window exposed to public view. Any interior sign which faces any window exposed to public view and is located within three feet of the window Sign area. The entire area within a perimeter defined by not more than eight straight lines joined at right angles that enclose the extreme limits of the sign's lettering, logos, trademarks, or other graphic representations, together with any background trim forming an integral part of the display and used to differentiate the sign from the supporting structure or surface upon which it is placed. Single -Family Dwellings. A building designed for and/or occupied exclusively by one family. Also includes factory -built, modular housing units, constructed in compliance with the Uniform Building Code (UBC), and mobile homes/manufactured housing on permanent foundations. May include the rental of rooms within a, dwelling also occupied by the property owner or a primary tenant. Article VI Development Code Definitions VI -48 Definitions Y Y. Definitions, "Y." The following definitions are in alphabetical order. Yard. An area between a lot line and a setback, unobstructed and unoccupied from the ground upward, except for projections permitted by this Development Code. See Sectaoz 16.090 (Setback Measurement and Exceptions) and Figure 64' (Setbacks). 1. Front yard. An area extending across the full width of the lot between the front lot line and the required setback 2. Rear yard. An area extending the full width of the lot between a rear lot line and the required setback. 3. Side yard. An area extending from the front yard to the rear yard between the nearest side lot line and the required setback Z. Definitions, "Z." The following definitions are in alphabetical order. Zoning district. Any of the residential, commercial, industrial, special-purpose, or combining districts established by Article H of this Development Code (Zoning Districts and Allowable Land Uses), within which certain land uses are allowed or prohibited, and certain site planning and development standards are established (e.g., setbacks, height limits, site coverage requirements, etc.). VI Development Code Definitions VI -57 M 28)Roof forms and materials should be stylistically consistent with the overall design theme of the building. 29)The materials and architectural details of a building should relate to each other in ways that are traditional and/or logical. For example, heavy materials should appear to support lighter materials. 30)Roof drains should be designed as an integral part of the structure and should not be exposed on building exteriors facing public streets and parking lots. 31)Decorative roof elements should not be used only in the most visible locations, but should continue all the way around the building. Roof elements should be combined with wall elements which work together to unify all sides of the building. 32)Design individual buildings to maximize natural internal lighting through interior court areas, skylights, clerestory windows and energy efficient building shapes. 33►Orient the maximum amount of glass possible toward the south, the side with the greatest amount of solar collection (heat gain potential) in combination with other measures for shading to mitigate against summer heat. 34)Use canopies and overhangs to provide shade to windows during summers months, while allowing for reflection of direct sunlight through the windows during the winter months (care should be taken to assure the overhangs and canopies do not prevent sufficient light for daytime purposes). C. PARKING AND CIRCULATION 1) Building _ and on-site circu!ation systems are located to minimize pedestrian/vehicle conflicts where possible. 13 IA �1 2) Parking ingress and egress should not interfere ' with movement or pedestrian circulation. street 3) Parking lots should be designed with a hierarchy of circulation: major access drives with no parking; major circulation drives with little or no parking; and .parking aisles with direct access to parking spaces. Small projects may need to combine components of the hierarchy. 4) Access drives, internal circulation drives, parking areas, and pedestrian walkways should be designed to convenience for motorists and Provide safety and for the physically disabled, pedestrians, and to insure access 5) Texture and color variation in paving materials should occur where pedestrian and vehicular areas overlap. concrete, stone, brick or granite The use of stamped colored concrete is encouraged pn vers, exposed aggregate, -or pedestrian safety and to minimize the parking ts to pm olargee expanses of asphalt pavement. g 6) Parking areas should be buffered from adjacent residential properties and screened from streets so that cars are not visible below the average height of the headlights. 14 7) There are two approaches for creating uniformity of signage within shopping centers: a: A single color of lettering may be selected as the unifying element, allowing the tenant flexibility in selecting a letter style. b: A consistent lettering style creates a uniform program and gives the freedom to choose colors. In no event should more than three colors be used within a uniform program. 8) Sign and lettering size should be compatible with the architecture on which it is applied. When a sign is properly fitted to its building, the entire building can be seen as a very impressive sign. 9) Walls signs should be centered between the architectural elements (Le. windows, between windows and doors, or between columns, etc.) with some wall space remaining around the sign. 10)Signs may be designed with internal or external sources of lighting. The lighting method should complement the building's architecture. 25 INDUSTRIAL DESIGN GUIDELINES Industrial development within the northwest quadrant of the Cit City is generally confined Lemon Avenue and Y north of the Pomona Freeway to the Portions of Brea Canyon and L along Diamond Bar's industrial space is well located and can sidered as `amity of IndustryYcoming Street. the City. a%re light industraial uses located The aiority of industrial b uses nwithin within business parks. According to the City's General Plan designation is intended. to the Light Industrial development and Office -based r provide firms industrial, research 111 attractive workingseeking a and environment, as well as g Pleasant and services and commercial uses requiring more land than is or busineav su General Commercial or Commercial Office areas." available in support A. Site Plann* 1) The primary elements of good industrial development are: a: Emphasis on the main building entry and landscaping b: Controlled site access c: Service areas located to the sides and rear of the building d: Convenient public a access and visitor parking. e: Screening of storage, work areas, and mechanical equipment � 0"snot Mweassafft impact wasting views. 2) A variety of building create diversity and avoid to arking setbacks should be Provided to g monotonous building facades. 26 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Terrence L. Belanger, City Manager MEETING DATE: June 16, 1998 REPORT DATE: June 9, 1998 FROM: James DeStefano, Deputy City Manager TITLE: Proposed Ordinance Adopting by reference Los Angeles County Ordinance No. 97-0071 Relating to Food Establishments. SUMMARY: The County of Los Angeles has adopted an ordinance enhancing the current public health requirements for the operation of food establishments. City adoption would ensure continuity with County regulations and effective enforcement. RECOMMENDATION: It is recommended that the City Council introduce this Ordinance and set a public hearing for July 21, 1998. LIST OF ATTACHMENTS X Staff Report _ Public Hearing Notification Resolution(s) _ Bid Specification (on file in City Clerk's Office) Ordinances(s) _ Other Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed 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? 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? _ Yes No Report discussed with the following affected departments: REVIEWED BY: Terrence L. Belan City Manager e#DeStefan Deputy City Manager CITY CnITNCI7_ 12 PnUT AGENDA NO. MEETING DATE: June 16, 1998 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: The County of Los Angeles has adopted an ordinance enhancing the current public health requirements for the operation of food establishments. City adoption would ensure continuity with County regulations and effective enforcement. ISSUE STATEMENT: This report requests approval of a proposed code amendment which would adopt by reference Los Angeles County Ordinance No. 97-0071 which relates to an inspection system for food establishments. Adoption of the Ordinance would ensure countywide enforcement. RECOMMENDATION: It is recommended that the City Council introduce this Ordinance and set a public hearing for July 21, 1998. FINANCIAL STATEMENT: N/A BACKGROUND: The City of Diamond Bar contracts with the County of Los Angeles for public health services. The County of Los Angeles has adopted Ordinance No. 97-0071 enhancing the current public health requirements for the operation of food establishments. The Ordinance sets forth an inspection scoring system requiring the posting of a letter grade card and a mandatory food handler certification for all food establishments. A copy of the ordinance has been forwarded to the City for adoption in order to ensure continuity with County regulations and to provide more effective enforcement of its provisions. It is recommended that the City Ordinance include provisions setting forth the location of the posting of the letter grade card and an opportunity for a right of reinspection by the restaurant operator. The current County Code is silent on both issues relying on County Department staff for implementation. Inclusion of the additional provisions will establish our City policy which is not subject to a unilateral policy change by County staff. Pursuant to Government Code Section 50022 a public hearing must be scheduled with notice published prior to the adoption of the Ordinance. PREPARED BY: James DeStefano Deputy City Manager attachments: 1. Draft Ordinance No. 98 -XX 2. County Ordinance No. 97-0071 ANALYSIS An ordinance amending the Los Angeles County Code, Title 8 - Consumer Protection and Title 11 - Health and Safety, relating to the operation of food establishments by: 1. Establishing a letter grade and inspection score system for all food establishments and requiring the posting of.a letter grade card or inspection score card, or both; 2.• Requiring all food establishments to keep copies of inspection reports for review by the general public; 3. Requiring all food establishments for which the public health permit has been suspended or revoked to post a notice of closure and requiring these establishments to remain closed until further action of the county health officer; 4. Requiring all food establishments to post a notice providing the address and. telephone number of the local environmental health office responsible for oversight of the establishment; 5. Establishing a food handler's. training certification program and requiring all food establishments to have a person certified in safe food handling practices on the premises 'at all times; and 6. Making other, technical changes. DE WITT W. CLINTON County Counsel tt SHARON A. REICHMAN Deputy County Counsel, Public Services Division SAR:sar 12-3-97 ORDINANCE NO.. 97-0071 An ordinance amending the Los Angeles County Code-, Title 8 - Consumer Protection. and Title 11 - Health and Safety, relating to food establishments. The Board of Supervisors of the County of Los Angeles ordains as follows: SECTION 1. Section 8.04.165 is added to read as follows: Section 8.04.165 Food Official Inspection Report. "Food Official Inspection Report" means the written notice prepared and issued by the county health officer after conducting an inspection of a food facility to determine compliance with all applicable federal, state and local statutes, orders, ordinances, quarantines, rules, regulations, or directives relating to the public health. SECTION 2. Section 8.04.225 is added to read as follows: Section 8.04.225 Grading & Letter Grade Card. A. "Grading" means the letter grade issued by the county health officer at the conclusion of the routine inspection of a food establishment. The grade shall be based upon the scoring method set forth in this section resulting from the Food Official Inspection Report and shall reflect the food establishment's degree of compliance with all applicable federal, state and local statutes, orders, ordinances, quarantines, rules, regulations, or directives relating to the public health. B. "Letter Grade Card" means a card that may be posted by the county health officer at a food establishment upon completion of a routine inspection that indicates the letter grade of the establishment as determined by the county health officer using the scoring method set forth in this section. For the purposes of this provision, a food establishment shall include a food establishment operating in conjunction with a food processing establishment. Nothing in this chapter shall prohibit the county health officer from creating and using a Letter Grade Card in combination with an Inspection Score Card. The county health officer,' in his discretion, shall determine whether to post the Letter Grade Card, the Inspection Score Card, or both. C. The county health officer, in his discretion, may immediately close any food establishment which, upon completion of the routine inspection, does not achieve a "C" grade as defined herein. Nothing in this provision shall prohibit the county health officer from immediately closing -any food establishment if, in his discretion, immediate closure is necessary to protect the public health. D. The letter grade shall be based upon the final numerical percentage score set forth in the Food Official Inspection Report, as follows: 1. A grade of "A" shall indicate a final score of ninety percent (90%) or higher as determined by—the-county health officer; 2. A grade of "B" shall indicate a final score less than ninety percent (90%) but not less than eighty percent (80%) as determined by the county health officer; 3. A grade of ".C" shall indicate a final score less than eighty percent (80%) but not less than seventy percent (7096) as determined by the county health officer. SECTION 3. Section 8.04.275 is added to read as follows: Section 8.04.275 Inspection Score Card. A. "Inspection Score Card" means a card that may be posted by the county health officer at a food establishment, upon completion of a routine inspection, that indicates the total numerical percentage score for the establishment as determined by the county health officer and as set forth in the Food Official Inspection Report. For the purposes of this provision, a food establishment shall include a food establishment operating in conjunction with a food processing establishment. Nothing in this chanter shall prohibit the county health officer from creating and using an Inspection Score Card in combination with a Letter Grade Card. The county health officer, in his discretion, shall determine whether to post the Inspection Score Card, the Letter Grade Card, or both. H. The county health officer, -in his discretion, may immediately close any food establishment which, upon completion of the routine inspection, achieves a total numerical percentage score less than seventy percent (70%) as set forth in Section 8.04.225. Nothing in this provision shall prohibit the county health officer from immediately closing any food establishment if, in his discretion, immediate closure is necessary to protect the public health. SECTION 4. Section 8.04.337 is added to read as follows: Section 8.04.337 Notice -of Closure. "Notice of Closure" means a public notice that may be posted by the county health officer at a food establishment upon suspension or revocation of the establishment's public health permit and -that results in the immediate closure of the establishment and the discontinuance of all operations of the food establishment, by order of the public health officer, because of violations of applicable federal, state an� local statutes, orders, ordinances, quarantines, rules, regulations, or directives relating to the public health. SECTION 5. Section 8.04.405 is added to read as follows: Section 8.04.405 Routine Inspection. "Routine Inspection" means a periodic, unannounced inspection of any business or occupation specified in.Section 8.04.720 to determine compliance with all applicable federal, state and local statutes, orders, ordinances, quarantines, rules, regulations, or directives relating to the public health. A Routine Inspection shall not mean an inspection conducted by the county health officer to determine compliance with a previously issued Food Official Inspection Report or any interim inspection conducted to determine compliance with specific regulations or legal requirements. SECTION 6. Section 8.04.752 is added to read as follows: Section 8.04.752 Posting Requirements - Penalty for Non- Compliance- Documents Available for Public Review. A. Upon issuance by the county health officer, the health officer shall post at every food establishment the Letter Grade Card, the Inspection Score Card, or both, as determined by the county health officer, so as to be clearly visible to the general public and to patrons entering the establishment. "Clearly visible to the general public and to patrons" shall mean: 1. Posted in the front window of the establishment within five (5) feet of the front door; 2. Posted in a display case mounted on the outside front will of the establishment within five (5) feet of the front door; or 3. Posted in a location as directed and determined in the discretion of the county health officer to ensure proper notice to the general public and to patrons. B. In the event that a food establishment is operated in the same building or space as a separately licensed or permitted business, or in the event that a food establishment shares a common patron entrance with such a separately licensed or permitted business, or in the event of both, the county health officer shall post the Letter Grade Card, the Inspection Score Card, or both, in the initial patron contact area, or in a location as determined in the discretion of the county health officer. C. The Letter Grade Card and the Inspection Score Card shall not be defaced, marred, camouflaged, hidden or removed. It shall be unlawful to operate a food establishment unless the Letter Grade Card, the Inspection Score Card, or both, as determined by the county health officer, is or are in place as set forth hereunder. Removal of the Letter Grade Card, the Inspection Score Card, or both, -is a violation of this chapter M and may result in the suspension or revocation of the public health permit and shall be punishable as specified in Section 8.04.930. D. Every food establishment shall post a legibly lettered sign which displays the following information so as to be clearly visible to the general public and to patrons entering the establishment: "Any public health concerns regarding this establishment should be directed to the County of Los Angeles, Environmental Health office located at: (local office address and telephone number to be provided by the county health officer)." E. The Food Official Inspection Report upon which the Letter Grade Card, the Inspection Score Card, or both, are based and all subsequent reports issued by the county health officer shall be maintained at the food establishment and shall be available to the general public and to patrons for review upon request. The food establishment shall keep the Food Official Inspection. Report and all subsequent reports until such time as the. -county health officer completes the next routine inspection of the establishment and issues a new Food Official Inspection Report. SECTION 7. Section 8.04.755 is added to read as follows: Section 8.04.755 Letter Grade Card & Inspection Score Card - Period of Validity. A Letter Grade Card, an Inspection Score Card, or both, shall remain valid until the county health officer completes the next routine inspection of the food establishment. SECTION 8. Section 8.04.943 is added to read as follows: Section 8.•04.943 Public Health Permit Suspension or Revocation - Notice of Closure A. Upon issuance of a written notice of suspension or revocation of the public health permit by the county health officer,'the health officer shall post a Notice of Closure at the food establishment so as to be clearly visible to the general public and to patrons. B. Upon issuance of the written notice of suspension or revocation of the public health permit by the county health officer, the food establishment shall immediately close to the general public and to patrons and shall discontinue all operations until the public health permit has been reissued or reinstated by order of the county health officer or until the establishment no longer operates as a food establishment. C. The Notice of Closure shall remain posted until removed by the county health officer. Removal of the Notice of Closure by any person other than the county health officer or the refusal of a food establishment to close upon issuance of the written notice of suspension of the public health permit is a violation of this chapter and may result in the suspension or revocation of the food establishment's public health permit and shall be punishable as specified in Section 8.04.930. SECTION 9. Chapter 11.11 is added to read as follows: Chapter 11.11 FOOD HANDLER'S TRAINING CERTIFICATION Section 11.11.010 Definitions. As used in this chapter: A. "Certified Food Handler" means an owner, operator, or any other person at least eighteen (18) years of age who supervisjs all or part of the food service operations within a Food Service Operation and is responsible for training the operation's employees in the areas set forth in Section 11.11.190. At the discretion of the Director, and upon a showing of good cause, the Director may waive the requirement that a Certified Food Handler be at least eighteen--(1$)--years--of-age. i B. "Department" means the County of Los Angeles, Department of Health Services. C. "Director" means the Director of the Department of Health Services or his duly authorized designee. D. "Food Handler's Training Certificate" means a certificate issued by the Department, certifying that a Food Handler has satisfactorily demonstrated competency in food protection and practices by passing a written examination administered by the Department or by completing a food handler's training course approved by the Director. E. "Food Service Operation" means any food service business which prepares any potentially hazardous food on the premises for sale or gift to the public and includes but is not limited to all restaurants, markets, bakeries, mobile food preparation units, commissaries, and food processing establishments. F. "Potentially Hazardous Food" shall mean those foods set forth in California Health and Safety Code section 113845 as it currently exits or hereafter may be amended: Section 11.11.020 Application & Effect. A. Within one (1) year of the effective date of this ordinance, each Food Service Operation as defined in Section 11.11.10 shall have at least one Certified Food Handler on the premises at all times during operating hours. S. Failure to have a Certified Food Service Handler on site at all times during the operating hours of the Food Service Operation and as specified in this section within one (1) year from the effective date of this ordinance shall be grounds for the suspension or revocation of the operation's public health Permit pursuant to the applicable provisions of Chapter 8.04 of this Code and shall be punishable as set forth in Section 8.04.930. Section 11.11.030 Procedure for Obtaining a Food Handler's Training Certificate. A. Every person desiring certification as a Certified Food Handler shall file with the Department an application for certification, accompanied by an application fee. Upon application, each person desiring certification shall provide: 1. Proof of successful completion of a food handler's training course approved by the Department; 2. A food handler's training certificate which indicates passage of an examination developed and administered by The Center for Occupational and Professional Assessment of the Educational Testing Service; or 3. Any other food handler's training certificate which, in the discretion of the Director, is equivalent to either (1) or ( 2 ) above. S. In the alternative to the procedure set forth in subdivision.A, any person desiring certification as a Certified Food Handler, upon payment of an examination fee, may take an examination administered by the Department. The Department shall certify only those persons who receive a score of seventy-five percent (755) or higher on its examinations. The payment of any examination fee shall be in addition to the application fee set forth in this section. Section 11.11.040 Food Handler's Training Course. Any pod handler's training course taken -=br=a `persati desiring certification as a Certified Food Handler shall be a minimum of four (4) hours in duration. The course of instruction shall include, but not be limited to, the following subject matter: microorganisms,.sources of foodborne illness -microorganisms, foodborne illness, the means by which food is contaminated by microorganisms and toxic substance, the methods for protection of food to prevent foodborne illnesses, personal hygiene for food handlers, proper utensils and equipment washing and sanitizing, and proper receiving and storage of food. Section 11.11.050 Multiple Food Service Operations. Persons who operate more than one Food Service Operation shall be required to have a Certified Food Handler at each operation at all times during operating hours. Section 11.11.060 Exemptions. Food Service Operations which deal exclusively in non -potentially hazardous prepackaged food and beverages or Food Service Operations recaired by the Department to have only temporary operating permits shall be exempt from the provisions of this chapter. Section 11.11.070 Display of Food Handler's Training Certificate. The Food Handler's Training Certificate shall be posted in a conspicuous place within the Food Service Operation, or in a location designated and approved by the Director. Section 11.11.080 Change of Certified Food Handler. A Certified Food Handler who changes his or her place of employment after obtaining a Food Handler's Training Certificate may display the certificate in any other Food Service Operation in which he or she subsequently is employed. A Food Service Operation which loses its Certified Food Handler must obtain another Certified Food Handler within thirty days. Section 11".11.090 List of Certified Food Handlers. The Department shall maintain a current list of all Certified Food Handlers within the County of Los Angeles. Section 11.11.100 Expiration. The Food Handler's Training Certificate shall be valid for four (4) years from the date of issuance. Upon the expiration of the Food Handler's Training Certificate, all persons must re -apply for a new certificate according to the procedure set forth in Section 11.11.030. Section 11.11.110 Duplicate Food Handler's Training Certificate. The Director, upon a showing of good cause, may issue duplicate Food Handler's Training Certificates upon payment of a duplicate certificate fee. Section 11.11.120 Revocation of Food Handler's Training Certificate. A. I The Director may immediately revoke any Food Handler's Traininc•Certificate when any of the following is found to exist within a Food Service Operation which is operated by or under the supervision of a Certified Food Handler: 1. Evidence indicating repeated or continuing violations of required procedures and practices in the preparation, service, storage, distribution or sale of food or beverage offered for public consumption; 2. Any condition detrimental to the public health, which shall include but not be limited to any condition that can cause food infection, food intoxication, disease transmission or any hazardous condition including but not limited to unsafe food temperature; or 3. Evidence indicating falsification of information required by the Department for issuance of the Food Handler's Training Certificate. B. The Director shall issue a notice to the Certified Food Handler setting forth the acts or omissions with which he or she is charged and informing him or her of the right to a hearing, if requested, to show cause why the certificate should be reinstated. - Section 11.11.130 Right to Appeal Following Revocation. A. Any Certified Food Handler whose certificate has been revoked may make a written request for hearing within fifteen (15) calendar days after receipt of the notice specified in Section 11.11.230 to show cause why the certificate should be reinstated. A failure to request a hearing within fifteen (15) calendarrdays after receipt of the notice shall be deemed a waiver of the right to a hearing. when circumstances warrant, the Director may order a hearing at any reasonable time within this fifteen (15) day period to expedite the certification revocation process. B. The hearing shall be held within fifteen (15) calendar days of the receipt of the request for a hearing. Upon written request of the Certified Food Handler, the Director may postpone any hearing date, if circumstances warrant such action. C. An Environmental Health Services Manager for the Department shall preside over any hearing requested under this section. Section 11.11.140 Notice of Decision. The Director shall issue a written notice of decision to the Certified Food Handler within five (5) working days of the hearing. The notice of decision shall specify the acts or omissions with which the Certified Food Handler is charged and shall specify either that the certificate remains revoked or that it has been reinstated. section 11.11.150 violation. Notwithstanding any other provision of this chapter, violation of this chapter is punishable by a fire of not more -than $500.00 or by imprisonment in the County jail for not more than six months, or both. Each day during any portion of which any violation of any provision of this chapter is committed, continued or permitted makes such violation a separate offense. Section 11.11.160 Severability. If any provision of this chapter or the application thereof -to any.person or circumstance is held anvalid, the remainder of the chapter and the application of such provision to other persons or circumstances shall not be affected thereby. [804165sr.coc] Section This crdinance srna oe published in Metrocolitan News Entercrise a newspaper printed and published in the County of cs Angeles. tea- .t ATTEST: €�ecutive Officer - Cle f the Board of Supervisors of the County of Los Angeles I hereby certify that at its meeting of December 16, 1997 , the foregoing ordinance was adopted by the Board of Supervisors of said County of Los Angeles by the following vote, to wit: es Supervisors Gloria Molina Zev Yaroslayskv Don Knabe Mike Antonovich Yvonne Brathwaite Burke Effective Date: January 16, 1998 UWMVIKUWX I hereby certify that pursuant to Section 25103 of the Government Code, aelivery of this document has been made. JOANNE SURGES Executive Officer - Clerk of the Board of Supervisors By �DEPU�Ty I -B 2 (Rev 6/97) Noes Supervisors None J ecutive Officer - Cler of the Board of Supervisors of the County of Los Angeles APPROVED AS TO FORM: DE WI CLINTON Raymond -G. Fortner, Jr. Chief Deputy County Counsel ORDINANCE NO. AN ORDINANCE OF THE CITY OF DIAMOND BAR AMENDING CHAPTER 8.24 OF TITLE 8 OF THE DIAMOND BAR CITY CODE, ADOPTING BY REFERENCE DIVISION 1 OF TITLE 8 AND DIVISION 1 OF TITLE 11 OF THE LOS ANGELES COUNTY CODE, AND REVISING THE CITY HEALTH CODE. THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 8.24 of Title 8 of the Diamond Bar City Code is hereby amended to read as follows: "CHAPTER 8.24 PUBLIC HEALTH "Sec. 8.24.010. Adoption by reference. Division 1 of Title 8 (Public Health Licenses) and Division 1 of Title 11 (the Health Code) of the Los Angeles County Code, as amended and in effect on March 1, 1998, are hereby adopted by reference and shall henceforth collectively be known as the Health Code of the City of Diamond Bar. "Sec. 8.24.020. Copies available for inspection. A certified copy of Division 1 of Title 8 and Division 1 of Title 11, as adopted in Section 8.24.010, have been deposited in the office of the City Clerk and shall be at all times maintained by the City Clerk for use and examination by the public. "Sec. 8.24.030. Division 1, Title 8 - Amendments. "(a) Section 8.04.165 amended. Notwithstanding the provisions of Section 8.24.010 of this Chapter, Section 8.04.165 of Chapter 8.04 of Division 1 of Title 8 of the Los Angeles County Code is hereby amended to read as follows: `Section 8.04.165 Food Official Inspection Report. "Food Official Inspection Report" means the written notice prepared and issued by the county health officer after conducting a routine inspection, or reinspection in the event a timely request for reinspection has been filed, of a food facility to determine compliance with all applicable federal, state and local statutes, orders, ordinances, quarantines, rules, regulations, or directives relating to the public health., "(b) Subsections A and B of Section 8.04.225 amended. Notwithstanding the provisions of Section 8.24.010 of this 980326 10572-00001 lsj 1950180.2 (2) Chapter, subsections A and B of Section 8.04.225 of Chapter 8.04 of Division 1 of Title 8 of the Los Angeles County Code are hereby amended to read as follows: `A. "Grading" means the letter grade issued by the county health officer at the conclusion of the routine inspection, or reinspection in the event a timely request for reinspection has been filed, of a food establishment. The grade shall be based upon the scoring method set forth in this section resulting from the Food Official Inspection Report and shall reflect the food establishment's degree of compliance with all applicable federal, state and local statutes, orders, ordinances, quarantines, rules, regulations, or directives relating to the public health. "LetterB. Grade Card" that may be posted by the countyhealth officer eatsad afoodestablishment upon completion of a routine inspection, or reinspection in the event a timely request for reinspection has been filed, that indicates the letter grade of the establishment as determined by the county health officer using the scoring method set forth in this section. For the purposes of this provision, a food establishment shall include a food establishment operating in conjunction with a food processing establishment. Upon completion of a routine inspection of a food establishment, the county health officer shall advise the owner or operator thereof, in writing, of the actual grading and basis therefor as determined by the health officer. Said grading shall not be utilized for purposes of preparing a Letter Grade Card or Inspection Score Card, and neither shall be posted, unless a request for reinspection is not timely filed. Nothing in this chapter shall prohibit the county health officer from creating and using an Inspection Score Card in combination with a Letter Grade Card. The county health officer, in his discretion, shall determine whether to post the Inspection Score Card, the Letter Grade Card, or both.' "(c) Section 8.04.275 amended. Notwithstanding the provisions of Section 8.24.010 of this Chapter, Section 8.04.275 of Chapter 8.04 of Division 1 of Title 8 of the Los Angeles County Code is hereby amended to read as follows: `Section 8.04.275 Inspection Score Card. A. be posted by thencountyoScore healthofficermatns a a food that may establishment, upon completion of a routine inspection, or reinspection in the event a timely request for reinspection has been filed, that indicates the total numerical 980326 10572-00001 lsj 1950180.2 (2) — 2 — percentage score for the establishment as determined by the county health officer and as set forth in the Food Official Inspection Report. For the purposes of this provision, a food establishment shall include a food establishment operating in conjunction with a food processing establishment. .Upon completion of a routine inspection of a food establishment, the county health officer shall advise the owner or operator thereof, in writing, of the actual grading and basis therefor as determined by the health officer. Said grading shall not be utilized for purposes of preparing a Letter Grade Card or Inspection Score Card, and neither shall be posted, unless a request for reinspection is not timely filed. Nothing in this chapter shall prohibit the county health officer from creating and using an Inspection Score Card in combination with a Letter Grade Card. The county health officer, in his discretion, shall determine whether to post the Inspection Score Card, the Letter Grade Card, or both. B. The county health officer, in his discretion, may immediately close any food establishment which, upon completion of the routine inspection, or reinspection where applicable, achieves a total numerical percentage score less than seventy percent (7001) as set forth in Section 8.04.225. Nothing in this provision shall prohibit the county health officer from immediately closing any food establishment if, in his discretion, immediate closure is necessary to protect the public health., "(d) Section 8.04.402 added. Notwithstanding the provisions of Section 8.24.010 of this Chapter, a new Section 8.04.402 is hereby added to Chapter 8.04 of Division 1 of Title 8 of the Los Angeles County Code to read as follows: `8.04.402 Request for Reinspection. "Request for Reinspection" means a written request, filed with the office of the county health officer within seven (7) calendar days of a routine inspection of a food establishment conducted for purposes of preparing a Food Official Inspection Report, Grade Letter Card, and/or Inspection Score Card, therein requesting reinspection of such establishment. Such reinspection shall be conducted not less than fourteen (14) calendar days following the timely filing of a request for reinspection and shall be limited to those violations and areas and items of noncompliance identified during the prior routine inspection. Following reinspection, a revised Food Official Inspection Report shall be prepared and the establishment shall be regraded based upon the revised 980326 10572-00001 lsj 1950180.2 (2) — 3 — Report. The scores obtained with respect to areas and items which were found to be in compliance during the prior routine inspection, combined with scores obtained as a result of the reinspection, shall be the sole basis upon which a Letter Grade Card and/or Inspection Score Card may be prepared and posted following reinspection. A request for reinspection may only be filed by the owner or operator of the food establishment of which such routine inspection was conducted. Said seven (7) day period within which to request reinspection shall not commence unless and until such owner or operator has been provided written notice of the actual grading and basis therefor as determined by the county health officer following the routine inspection., "(e) Subsections A and E of Section 8.04.752 amended. Notwithstanding the provisions of Section 8.24.010 of this Chapter, subsections A and E of Section 8.04.752 of Chapter 8.04 of Division 1 of Title 8 of the Los Angeles County Code are hereby amended to read as follows: `A. Upon expiration of the time within which to file a request for reinspection following a routine inspection, or immediately upon completion of a reinspection conducted pursuant to Section 8.04.402, the health officer shall post at such inspected food establishment the Letter Grade Card, the Inspection Score Card, or both, as determined by the health officer, so as to be clearly visible to the general public and to patrons entering the establishment. "Clearly visible to the general public and to patrons" shall mean posted in the following order of priority: 1. Posted in the front window of the establishment within five (5) feet of the front door. If such posting is not reasonably possible in the determination of the health officer, then posting shall occur as provided in subsection 2, below. 2. Posted in a display case mounted on the outside front wall of the establishment within five (5) feet of the front door. If such posting is not reasonably possible in the determination of the health officer, then posting shall occur as provided in subsection 3, below. 3. Posted in such location as directed and determined in the discretion of the health officer to ensure the most effective notice to the general public and to patrons., `E. The Food Official Inspection Report upon which the Letter Grade Card, the Inspection Score Card, or 980326 10572-00001 lsj 1950180.2 (2) — 4 — both, are based and all subsequent reports issued by the county health officer shall be maintained at the food establishment and shall be available to the general public and to patrons for review upon request. The food establishment shall keep the Food Official Inspection Report and all subsequent reports until such time as the county health officer completes the next routine inspection, or reinspection pursuant to Section 8.04.402, of the establishment and issues a new Food Official Inspection Report.' "(f) Section 8.04.755 amended. Notwithstanding the provisions of Section 8.24.010 of this Chapter, Section 8.04.755 of Chapter 8.04 of Division 1 of Title 8 of the Los Angeles County Code is hereby amended to read as follows: `Section 8.04.755 Letter Grade Card and Inspection Score Card - Period of Validity. A Letter Grade Card, an Inspection Score Card, or both, shall remain valid until the county health officer completes the next routine inspection, or reinspection pursuant to Section 8.04.402, of the food establishment.— SECTION 2. Penalties for Violation of Ordinance. It shall be unlawful for any person, firm, partnership or corporation to violate any provision or to fail to comply with any of the requirements of the Ordinance, Codes or portions thereof hereby adopted. Any person, firm, partnership or corporation violating any provision of this Ordinance, or the Codes or portions thereof hereby adopted, or failing to comply with any of their requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00), or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Each and every person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Ordinance, Codes or portions thereof hereby adopted, is committed, continued or permitted by such person, firm, partnership or corporation, and shall be deemed punishable therefor as provided in this Ordinance. SECTION 3. Civil Remedies. The violation of any of the provisions of the Ordinance, Codes or portions thereof hereby adopted shall constitute a nuisance and may be abated by the City through civil process by means of restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisances. 980326 10572-00001 lsj 1950180.2 (2) 5 SECTION 4. Severability. If any section, subsection, sentence, clause, portion, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining sections, subsections, sentences, clauses, portions, or phrases of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, portion, or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, portions, or phrases of the Ordinance might subsequently be declared invalid or unconstitutional. PASSED, APPROVED and ADOPTED this day of 1998. MAYOR ATTEST: (SEAL) CITY CLERK 980326 10572-00001 lsj 1950180.2 (2) — 6 — REDEVELOPMENT AGENCY OF THE CITY OF DIAMOND BAR 4)4+) REGULAR MEETING OF THE BOARD OF DIRECTORS �► JUNE 2 1998 CALL TO ORDER: Chair/Huff called the meeting to order at 9:25 p.m. ROLL CALL: Agency Members Chang, Herrera, O'Connor, Vice Chair/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 & Marketing Director; Joann Gitmed, Senior Accountant and Lynda Burgess, Agency Secretary. 2. PUBLIC COMMENTS: None offered. 3. CONSENT CALENDAR: AM/Chang moved, AM/Herrera seconded, to approve the Consent Calendar with the provision that Country Hills Towne Center be the first priority conceptual site plan design provided by Urban Design Studios under Item No. 3.3. Following discussion, AM/Chang and AM/Herrera agreed to amend the motion to remove the requirement that the contractor begin with a schematic for the Country Hills Towne Center. Motion carried by following Roll Call vote: RYES vpmri �hZIfIH�I NOES: AGENCYME�BEN6 Nope RBSENi AGENCVI�E�BERS•Nooe 3.1 ROVE RUH Poplu bliq ol Ny 1 8, I R 8s subm'N� 3.2 ADOPTED RESOLUTION NO. RA 98-04: A RESOLUTION OF THE DIAMQNQ UAh hLUEYELQFMLNT AMU APPROVING ADVANGE AND REIMBURSEMENT AGREEMENT NUMBER 8 WITH THE CITY OF JUNE 2, 1998 PAGE 2 AGENCY ADJOURNMENT: There being no further business to conduct, Chair/Huff adjourned the meeting at 9:35 p.m. ATTEST: Chairman LYNDA BURGESS, Agency Secretary DIAMOND BAR REDEVELOPMENT AGENCY INTEROFFICE MEMORANDUM TO: Chairman Huff and Board of Directors FROM: Linda G. Magnuson, Assistant Finance Director SUBJECT: Voucher Register, June 16, 1998 DATE: June 16, 1998 Attached is the Voucher Register dated June 16, 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 $11,715.00 is hereby allowed from the Diamond Bar Redevelopment Agency Fund. APPROVED BY: h /r Linda G. Mag�son Assistant Finance Director n• y v (X. r— w errence L. Belan r Executive Directo Robert S. Huff Chairman Eileen R. Ansari Vice Chairman - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ---------------- R L [17 --------------- f J M el 1- o . INTEROFFICE MEMORANDUM TO: Honorable Chairman and Members of the Board FROM: Terrence L. Belanger, City Manager q, t I RE: FY 1998-99 Diamond Bar Redevelopment Agency Budget DATE: May 29, 1998 The Diamond Bar Redevelopment Agency budget is proposed to be $832,000. With the Economic Revitalization Area Plan adopted and being implemented, there will be related staff costs which will be allocated to the DBRDA ($150,000). Other major expenditures are for General Counsel services ($50,000) and for the Golden Springs Road - Brea Canyon Road to westerly city limit project ($600,000). Staff will be recommending professional consultants to prepare a commercial rehabilitation program and a business retention and attraction program. When the proposals are received and proposal amounts ascertained, staff will be recommending the allocation of monies necessary to complete the preparation of these two programs. There could be several other capital improvement projects funded by the DBRDA, e.g., traffic signal projects, in this fiscal year, depending upon the decisions of the Board of Directors. DIAMOND BAR REDEVELOPMENT �iGENCV FUND BUDGET FUNQ TYIf*E GF?A 1998-99 FUND DESCRIPTION: Pursuant to the California Health and Safety Code Section 33000, the City of Diamond Bar established the Diamond Bar Redevelopment Agency on April 2, 1996. Redevelopment is the primary tool used by cities in California to revitalize neighborhoods & business districts. As in many cities, the purpose of the Diamond Bar Redevelopment Agency is to provide a mechanism for economic development activities. ESTIMATED RESOURCES: Loan Proceeds Tax Increment Revenue TOTAL APPROPRIATIONS: 2100 Photocopying 2110 Printing 2115 Advertising 2120 Postage 2315 Membership & Dues 2320 Publications 2325 Meetings 2330 Travel-Conf & Mtgs 2340 Education & Training 4000 Professional Services 4010 Prof Svcs -Auditing 4020 Legal Services 45222 Contract Svcs -Traffic 46411 Street Improvements 150,000 Allocated Salaries _ $832,000 $0 TOTAL 1997-98 Executive Director DBRDA Board Adjusted Budget Recommended Approved 413,370 832,000 $413,370 $832,000 $0 1,500 1,500 2,500 2,500 13,000 13,000 2,000 5,000 500 1,500 250 500 500 2,500 1,500 1,500 500 1,500 15,500 1,500 2,500 35,000 50,000 11,000 328,120 600,000 150,000 $413,370 _ $832,000 $0 CAPITAL IMPROVEMENTS INCLUDE: Golden Springs -BCR to Wstrly City Limit $600,000 RESOLUTION NO. 98- A RESOLUTION OF THE DIAMOND BAR REDEVELOPMENT AGENCY APPROVING AND ADOPTING A BUDGET FOR THE DIAMOND BAR REDEVELOPMENT AGENCY FOR THE FISCAL YEAR COMMENCING JULY 1, 1998 AND ENDING JUNE 30, 1999, INCLUDING THE APPROPRIATION OF FUNDS FOR ACCOUNTS, DEPARTMENTS, DIVISIONS, OBJECTS AND PURPOSES THEREIN SET FORTH. A. Recitals (i) The Executive Director has heretofore prepared and presented to the Diamond Bar Redevelopment Agency Board of Directors a proposed budget for the Agency's fiscal year 1998-99, including staffing, operations, and appropriations therefor (referred to the "Budget" sometimes hereinafter). (ii) Copies of the Agency Budget are on file in the office of the City Clerk labeled "Diamond Bar Redevelopment Agency 1998-99 Fund Budget" and said Budget hereby is made a part of this Resolution. The Agency has conducted a public meeting on the fiscal year 1998-99 Budget and concluded said hearing prior to the adoption of this Resolution. (iv) All legal prerequisites to the adoption of this Resolution have occurred. NOW THEREFORE, the Board of Directors of the Diamond Bar Redevelopment Agency does hereby find, determine and resolve as follows: 1. In all respects, as set forth in the Recitals, Part A, of this Resolution. 2. The Budget, including the changes enumerated and directed to be made by the Board during the course of the Agency meeting conducted by the Diamond Bar Redevelopment Agency Board, hereby is adopted as the Budget of the Diamond Bar Redevelopment Agency for the Fiscal Year commencing July, 1998 and ending June 30, 1999 and consisting of the estimated and anticipated revenues and expenditures for that fiscal year. 3. There are hereby appropriated for obligations and expenditures by the Executive Director the amounts shown in the line objects set forth in the Budget. All obligations and expenditures shall be incurred and made in the manner provided by the provisions of State law and City ordinances and resolutions applicable to purchasing and contracting, which are adopted herewith by reference. 4. Subject to further provision of this Resolution, the appropriations made above constitute the maximum amount authorized for obligation and expenditure by the Executive Director for respective line objects as set forth in the Budget. Each Agency employee shall be responsible, as well as the Executive Director, for seeing that said maximum amounts are not exceeded. S. No warrant shall issue nor shall any indebtedness be incurred which exceeds the unexpended balance of the fund and Agency appropriations hereinabove authorized unless such appropriations shall have been amended by a supplemental appropriation duly enacted by the Board, or by individual appropriations within any aforesaid line objects, except insofar as the Executive Director may authorized transfers pursuant to this Resolution. 6. The Executive Director hereby is authorized to transfer funds appropriated hereby or by supplemental appropriation as follows: With respect to those classifications designated by code 1000 series, 2000 series, 4000 series, 5000 series and code 6000 series, the Executive Director may transfer amounts between and within those classifications, but only within the Agency Fund. 7. The Secretary shall certify to the adoption of this Resolution. PASSED, ADOPTED AND APPROVED this day of Chairman I, LYNDA BURGESS, Secretary of the Diamond Bar Redevelopment Agency, do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the Board of Directors of Diamond Bar Redevelopment Agency held on the day of , 1998, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: ABSTAINED: BOARD MEMBERS: ATTEST: Secretary of the Diamond Bar Redevelopment Agency South Coast Air Quality Management ate.. 21865 E. Copley Drive. Diamond Bar, CA 91765-4182 (909) 396-2000 - http://www.agmd.gov R City of Diamond Bar 21660 E. Copley Drive, Suitt 100 Diamond Bar, CA 91765 Attn: Nancy Whitehouse Dear Nancy: District March 6,19W This letter is to confirm your recent reservation for use of the District's Conference Center facility. DATE DESCRIPTION START ME END TBE ROOM NO. CAPACITY 3/17/98 City Council Stud 3:30 om 6:30 pin CC3&5 15 4/7/98 3:30 pm 6:30 £F4- CC 8 15 4/21/98 " " 3:30 6:30 CC2 15 5/5/98 3:30 PM 6:30 pm CC2 15 5/19/98 " 3:30 pm 6:30 pm CC3dt5 15 612/98 1 643:30 pm 6:30 = CC2 15 6116198 1 69 3:30 pm 6-30-pM CC3&5 15 Please be aware, however, that should the District's need for the facility conflict with any reservations made by an outside organization, the District will be given preference. Any audio visual requirements can be made by contacting Paul Wright, the DistrieVs Audio Visual Specialist, at 909/396-2023. Coffee service and meal arrangements should be arranged by contacting the District's provider at 909/396-2019. Under no circumstances willfood be allowed in the District's main auditorium. It is the responsibility of each organization to clean up after themselves and to return the room to its original set up. . If you have any questions or if it is necessary to cancel or reschedule your reservation, plea" call 909/396-3378. , Sincerely, Deanna Davir A.,. Secretary r . 1947 • 1997 Ys^ns or Pnoonass TOWARD CLEAN AIR .}}i:. 'nf :f:•e.i }:L':} h:Lir .N .}:< . f }:%}:;:; :Aiii:YX;.y:..}.:?:::'Y1':i:y}::?:kt's:'byt;;?y;: :: }•::%ris. ,df• 5 f..f...�?... .4�:•F i�?.•• Y 4 Rfa y F`y>.?;4f:•:...f .t 1. :.,t? . Jx z 4 .:,.. . fr4s, •£li 4 f: 4r: �. 3: Y• r 4 f 5 / 4 Fr f 1F�`Ff „v - :: t :}... • �:. fF• c {•,,'f�'q w.•i::.: f.c t R f C, f`f 1 }.li :.;f`•ris::t:::: .,.}::!`.x}h"'r..:.lF:trl:n.s+::'::y;�<:sx:..: J:v.i::}`•:j ..�J... ...f:SYr•..} f. 3 £... Yf .u.. . f ..7n... f ! :��'• }yf.. t -••+}L• :'-i}:�. .��; .t;:•rx;>s»L•:L•.t;:. n.: ...4.:.-f,�, '�:•�:•'::..n::.w.-.�:..;:...f,,l,...r.....rF'Si�L�>a::Lv.L:..i }:;4:: r+a}'f F u.•: ;r4•: ::�. • r.<.+,c44:.u,..};:::t:�•: ..c4s:.:c:..u^ •.'.t 4:..f.�.rr.%�f:f' .yy:;;.J•::.Y . v Y: f,.:::.;...::.} F•:: :• x,, y.'.>£•f4`r,': f.'.:"i:c4:;,:;:::.::f}:?•i:':r,•:; r: :si:::: v::'•: f •�% ' J:ii y:fr•.y •}%l. 4i i'}C:fi:t}'.,.::{::::�:::::i:4i::;fiiit ..L. ::.. %. .. l''•t `'}." r.'}.: f ::::::. �j;icy'. . •��'%fY' Yf•.}^•,", "£ty.; •. •: Jr.:.J:, :. �:::}. /.>�t:: :•: i••. t•:i} t.:::::::;i �:i ;�v}.>.:f.-::: ,ti ..:.�•::•;c$:<;•}}t::i:"is:;:<:::Y.'/.::`f.•:%}:'�.::::.. • k 'fj.:: S.>: J-: S>•:r ::>.,.:n :.:........:::.. .::::: S ?•:;Y;;,.i:......:...: .?$•Ytitii}::..4 :.:.:.. ..:%:Y: �.4-Y}-. Y:: v .Y.h�F/. «:%:Li:iti-:: ..:.:.. :.�•: F �:} :l'. iil}: .!}' •}. 4khSr'}}•• :Ci.U.ih't '' 4:�Y£% ....... .......... ..........: ...... i ...4y;<" .::.t.: x. .. :•:b rs;....F....•r %•k;.•}:`;::....t.::>i kk . f. :•:. ..F+:.ki}. ri::Yff Y.£:$� L:L}} STUDY SESSION: Discussion Re: 1. CLOSED SESSION: 2. CALL TO ORDER: PLEDGE OF ALLEGIANCE: INVOCATION: ROLL CALL: APPROVAL OF AGENDA: Next Resolution No. 98-37 Next Ordinance No. (1998) CC -3 & 5 In -House Recreation Services Mayor Herrera, Mayor Pastor Larry Grigsby - Calvary Chapel of Diamond Bar Council Members Ansari, Huff, O'Connor, Mayor Pro Tem Chang, Mayor Herrera Mayor 3. SPECIAL PRESENT TIONS, CERTIFICATES, PROCLAMATIONS: 3 ' Q. IL ��.i'`, i:. �.,_r°'' .lsf ,�•� ,. ' l"EG4_ � C jfit: r> r ,3 �.,. f'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 F, 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 comblete a Sneaker's Card and give it to the City Clerk completion of this form is voluntary. There is a five minute maximum time limit when addressing the City Council. 5. SCHEDULE OF FUTURE EVENTS: 5.1 SUMMER CONCERTS IN THE PARK SERIES BEGINS - Mike Henebry Orchestra (Big Band) - June 17, 1998 - 6:30 p.m., Sycamore Canyon Park 5.2 PLANNING COMMISSION - June 23, 1998 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.3 CONCERTS IN THE PARK - The Hodads (70's Retro Party Time) June 24, 1998 - 6:30 p.m., Sycamore Canyon Park 5.4 PARKS & RECREATION COMMISSION - June 25, 1998 - 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. JUNE 16, 1998 PAGE 2 5.5 CONCERTS IN THE PARK - Long Beach Junior Concert (Patriotic) - July 1, 1998 - 6:30 p.m., Sycamore Canyon Park 5.6 JULY 4TH HOLIDAY - In observance of the July 4th Holiday, City Offices will be closed Friday, July 3, 1998. Offices will reopen Monday, July 6, 1998 5.7 CITY COUNCIL MEETING - July 7, 1998 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Dr. 6. CONSENT CALENDAR: 6.1 APPROVAL OF MINUTES - Regular Meeting of June 2, 1998 - Approve as submitted. Requested by: City Clerk 6.2 TRAFFIC AND TRANSPORTATION COMMISSION MINUTES - Regular Meeting of April 9, 1998 - Receive and File. Requested by: Public Works Division 6.3 PLANNING COMMISSION MINUTES: 6.3.1 Regular Meeting of April 28, 1998 - Receive and File. 6.3.2 Regular Meeting of May 12, 1998 - Receive and File. Requested by: Planning Division 6.4 VOUCHER REGISTER - Approve Voucher Register dated June 16, 1998 in the amount of Requested by: City Manager 6.5 MEMBERSHIP OF THE VENTURA PORT DISTRICT, GATEWAY CITIES COUNCIL OF GOVERNMENTS (COG), AND AGOURA HILLS AND CALABASAS COMMUNITY CENTER AUTHORITY (CCA) INTO THE CALIFORNIA JOINT POWERS INSURANCE AUTHORITY (CJPIA) - The California Joint Powers Insurance Authority Executive Committee, at their meeting of May 27, 1998, recommended approval of the Ventura Port District, Gateway Cities COG, and Agoura Hills and Calabasas CCA for membership in the Authority. Entities applying for membership must be approved by a two-thirds majority of the current membership. Recommended Action: It is recommended that the City Council approve membership of the Ventura Port District, Gateway Cities COG, and Agoura Hills and Calabasas (CCA) in the CJPIA and authorize the Mayor to execute the consent form as the City's delegate to the Authority. JUNE 16, 1998 PAGE 3 Requested by: City Manager 6.6 EXONERATION OF CASH DEPOSIT IN LIEU OF GRADING BOND(FAITHFUL PERFORMANCE, LABOR & MATERIAL) FOR 2653 WAGON TRAIN - The Owner, Irma Sands requests the release of her Cash Deposit in Lieu of Grading Bond for improvement security as required in accordance with the Subdivision Map Act. The City Engineer finds that the Owner performed all works as shown on the grading plan on file with the City. Recommended Action: It is recommended that the City Council approve the exoneration of Cash Deposit, in the amount of $5,400 posted with the City on January 15, 1992 and that the City Clerk notify the Owner and Surety of this action. Requested by: Public Works Division 6.`7 M IFICATI OF TRAFFI SIGNAL AT GOLDEN SPRINGS BREA C YON RO / Rec " en ed A ion : i' �l Requested by: P is Works Divisi 6.8 EXTENSION OF CONTRACT WITH DIVERSIFIED PARATRANSIT - Recommended Action: Requested by: City Manager 6.9 APPROVAL OF CONTRACT WITH WALNUT VALLEY UNIFIED SCHOOL DIST (WVUSD) FOR PAUL C. GROW PARK. P&MOR9 iD Ei - Recommended Action: Requested by: Community Services Division 6.10 EXTENSION OF MAINTENANCE CONTRACTS - Recommended Action: Requested by: Community Services Division 6.11 AWARD OF CONTRACT FOR LANDSCAPE MAINTENANCE - Recommended Action: Requested by: Community Services Division 6.12 RAFFI SIGNALIZATION ON DIAMOND BAR BOULEVARD AT MONTEFINO AND QUAIL SUMMIT - JUNE 16, 1998 PAGE 4 (A) AWARD OF CONTRACT FOR CONSTRUCTION - Recommended Action: (B) AWARD OF CONTRACT FOR INSPECTION SERVICES - Recommended Action: Requested by: Public Works Division 6.13 ADDITION OF DEPUTY CITY MANAGER'S SIGNATURE TO CHECKING ACCOUNT - Recommended Action: Requested by: City Manager 6.14 RESOLUTION NO. 98 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR SIDEWALKS AND HANDICAP RAMPS THROUGH6uT ,0%;r THE CITY OF DIAMOND BAR THROUGH THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) - Recommended Action: Requested by: Public Works Division 6.15 CONTRACT AMENDMENT/BUDGET ADJUSTMENT FOR D & J ENGINEERING FOR BUILDING AND SAFETY SERVICES - Recommended Action: Requested by: Planning Division 6.16 ANIMAL CONTROL CONTRACT - Recommended Action: Requested by: City Manager 6. 17 -AMENDMENT JQ, CONTR,"TH PUR 4-%- ZMSE -- comm ded A ti /� �.� R qu sted by: 6.18 PURCHASE OF TWO (2) COPY MACHINES FOR CITY HALL - Recommended Action: Requested by: City Manager 6.19 APPROVAL OF PURCHASE OF LASER RADAR GUNS - Recommended Action: JUNE 16, 1998 PAGE 5 Requested by: City Manager 7. PUBLIC HEARINGS: 7:00 p.m., or as soon thereafter as matters can be heard. 7.1 (A) LANDSCAPING ASSESSMENT DISTRICT NUMBER 38 - Recommended Action: (B) LANDSCAPING ASSESSMENT DISTRICT NUMBER 39 - Recommended Action: (C) LANDSCAPING ASSESSMENT DISTRICT NUMBER 41 - Recommended Action: Requested by: Public Works Division 7.2 CONTINUED PUBLIC HEARING - MUNICIPAL BUDGET 1998-99 - (a) RESOLUTION NO. 89-88A - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, AMENDING RESOLUTION 89-88 APPROVING AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF DIAMOND BAR - Continued from June 2, 1998. (b) SECOND READING ORDINANCE NO. 26A(1989): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING ORDINANCE NO. 26(1989), AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM - (c) RESOLUTION NO. 98 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, SETTING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 1998-1999 FOR THE CITY OF DIAMOND BAR IN ACCORDANCE WITH THE PROVISIONS OF DIVISION 9 OF TITLE 1 OF THE GOVERNMENT CODE - (d) RESOLUTION NO. 98 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ADOPTING THE STATEMENT OF INVESTMENT POLICY - (e) RESOLUTION NO. 98 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING AND ADOPTING A BUDGET FOR THE CITY OF DIAMOND BAR FOR THE FISCAL YEAR COMMENCING JULY 1, 1998 AND ENDING JUNE 30, 1999 INCLUDING MAINTENANCE AND OPERATIONS, SPECIAL FUNDS AND CAPITAL IMPROVEMENTS AND APPROPRIATING FUNDS FOR ACCOUNT, DEPARTMENTS, DIVISIONS, OBJECTS AND PURPOSES THEREIN SET FORTH - JUNE 16, 1998 PAGE 6 b h� 7.3 CONTINUED PUBLIC HEARING t -9R DEVELOPMENT CODE - (a) RESOLUTION NO. 98 -XX: (b) ORDINANCE NO. 0X(1998): 8. OLD BUSINESS: 8.1 APPROVAL OF CONTRACT WITH ARMENTROUT CONSULTANT FOR EMERGENCY PREPAREDNESS SERVICES - The preservation of life and property is an inherent responsibility of local, state and federal governments. This is assisted through ( planning for emergencies and being able to respond �. adequately, In 1992, Armentrout Consultants prepared the City's -Multihazard Functional Plan which serves as a basis for the City's emergency organization and operations. In 1994, coordination of Emergency Services were brought in-house. Due to re -organization, the City requested proposals/applications for Emergency Services Coordinator in December, 1997; the City received 2 responses. Armentrout Consultants were deemed to be the most qualified and began providing emergency preparedness services to the City in, February, 1998. Armentrout Consultants has prepared the draft Emergency Operations Plan and will be completing the S.E.M.S. document and training. The Professional Services Agreement for Armentrout Consulting is a not -to -exceed figure of $16,640 or approximately 16 hours per week. Recommended Action: It is recommended that the City Council approve an Amendment to the Professional Services Agreement with Armentrout Consulting for Emergency Preparedness Services for one year in the amount not -to - exceed $16,640. Requested by: City Manager 8.1 SCHOOL TRAFFIC STUDY - Recommended Action: Requested by: Public Works Division 9. NEW BUSI ESB: ni x 9.1 AMENDMENT TO DIAMOND BAR MUNICIPAL CODE RE: HEALTH CODE (RESTAURANT RATINGS) - Recommended Action: Requested by: City Manager 9. AWARD OF CON'I'C FOR CITYEER - Recommended Action:' JUNE 16, 1998 PAGE 7 Requested by: Public Works Division 9.3 RECREATION SERVICES PROVIDER - Recommended Action: Requested by: Community Services Division RECESS TO REDEVELOPMENT AGENCY MEETING Next Resolution No. RA -98-06 1. CALL TO ORDER: Chairman Huff ROLL CALL: Agency Members Chang, Herrera, O'Connor, VC/Ansari, C/Herrera 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 A9encv Secretarynletinn (com of thisform 1' S voluntary) . There is a five mte maximum time limit when addressing the Redevelopment Agency, 3. CONSENT CALENDAR: 3.1 APPROVAL OF MINUTES - Regular Meeting of June 2, 1998 - Approve as submitted. Requested by: Agency Secretary 3.2 VOUCHER REGISTER - Approve Voucher Register dated June 16, 1998 in the amount of Requested by: Executive Director 4. PUBLIC HEARINGS: 5. OLD BUSINESS: 6. NEW BUSINESS: 6.1 RESOLUTION NO. RA -98 -XX: FISCAL YEAR 1998-99 - Recommended Action: REDEVELOPMENT AGENCY BUDGET Requested by: Executive Director JUNE 16, 1998 PAGE 8 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 agency discussion. Direction may be given at this meeting or the item may be scheduled for action at a future meeting. 12. ADJOURNMENT: CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. (� TO: Honorable Mayor and Members of the City Council MEETING DATE: June 16, 1998 REPORT DATE: June 09, 1998 FROM: Terrence L. Belanger, City Manager TITLE: Approval of Increase in Contract with Paul Wright for Audio Visual Services SUMMARY: To enable the City to utilize the South Coast Air Quality Management District (AQMD) Auditorium, the City must contract with the AQMD audio visual specialist, Paul Wright. Mr. Wright has been providing audio-visual and support services for the City Council and Planning Commission meetings. The City pays $35.00 per hour for meetings and support services (tape duplication). Currently the City has paid $9,805 in services to Mr. Wright through the City Council June 5, 1998 meeting. There is one City Council and two Planning Commission Meetings to be invoiced. With the invoice, Mr. Wright will exceed the $10,000 City Manager's authority. RECOMMENDATION: It is recommended that the City Council approve an increase in the contract with Paul Wright for $750.00 for a total contract of $10,650. LIST OF ATTACHMENTS: __X_Staff Report _Public Hearing Notification _Resolution(s) _Bid Specification Ordinance(s) _Other: Agreements) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been N/A _ Yes _ No reviewed by the City Attorney? 2. Does the report require a majority vote? X Yes _ No 3. Has environmental impact been assessed? N/A Yes _ No 4. Has the report been reviewed by a Commission? N/A _ Yes _ No Which Commission? 5. Are other departments affected by the report? _ Yes _ No Report discussed with the following affected departments: REVIEWED BY: " q� " Terr nce L. Bela,r City Manager Kellee A. Fritzal Assistant to the City