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HomeMy WebLinkAbout1/19/1999Cit C coull AGENDA Tuesday, January 19,1999 4:00p.m., Closed Session CC -8 5:00 p.m., Study Session CC -8 6:30 p.m., Regular Meeting South Coast Air Quality Management District Auditorium 21865 East Copley Drive Diamond Bar, California 91765 Mayor Mayor Pro Tem Council Member Council Member Council Member City Manager City Attorney City Clerk Wen Chang Debby O'Connor Eileen Ansari Carol Herrera Bob Huff 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. DIAMOND BAR CITY COUNCIL RULES (ALSO APPLIES TO COIIMSSION AND COhaUTTEE MEETINGS) 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 interest which are within the subject matter jurisdiction of the Diamond Bar City Council. A request to address the Council should be submitted in person to the City Clair. 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 sten 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 towards Council Members or other citizens. 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. Your cooperation is greally appreciated In accordance with Government Code Section 34954.3(a) the Chair may from time to time dispense with public comment on items previously considered by the Council. (Does not apply to Committee meetings.) In accordance with State law (Brown Act), all matters to be acted on by the City Council must be posted at least 72 hours prior to the Council meeting. In case of emergency, or when a subject matter arises subsequent to the posting of the agenda, upon nuking 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 Som 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 ofthe staffthereof tending to interrupt the due and orderly course of said meeting B. A breach ofthe peace, boisterous conductor violent disturbance, tending to interrupt the due and orderly course of said meeting. C. Disobedience of any lawful order ofthe 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 ofthe 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 ofthe meeting Please telephone (909) 860-2489 between 8 am and 5 p.m Monday through Friday. HELPFUL PHONE NUMBERS Copies of Agenda, Rules ofthe 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. Next Resolution No. 99-01 Next Ordinance No. 04(1999) 1. CLOSED SESSION: 4:00 p.m., AQMD Room CC -8 a) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (California Government Code, of Section 54956.9(a) relating to the matter Barbara Beach Courschene, et al vs. Diamond Bar Redevelopment Agency, Case No. BC 175655 b) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (California Government Code Section 59456.9(b)relating to the matter The Dolezal Co. vs. City of Diamond Bar, Case No. KC09327 and Dolezal Family Trust vs. City of Diamond Bar, Case No. KS005104. STUDY SESSION: 2. CALL TO ORDER: PLEDGE OF ALLEGIANCE: 5:00 p.m., CC -8 Goals And Objectives 1999 6:30 p.m., January 19, 1999 Mayor INVOCATION: Reverend Ted Meyers, Shepard of the Hills Lutheran Church ROLL CALL: Council Members Ansari, Herrera Huff, Mayor Pro Tem O'Connor, Mayor Chang APPROVAL OF AGENDA: Mayor 3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 3.1 Presentation by D.B. Rotary Club of check in the amount of $2,000 for furniture, fixtures or equipment for Pantera Park Concession Stand. BUSINESS OF THE MONTH: 3.2 Presentation of City Tile to Dr. Bill Coker, DDS 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 JANUARY 19, 1999 PAGE 2 V.4 11110111 11 - kip IM94174 4zFr'qrqr4r4M3 I 5. SCHEDULE OF FUTURE EVENTS: 5.1 COMMUNITY CENTER/CIVIC CENTER TASK FORCE - January 20, 1999, 6:30 p.m., AQMD, 21865 E. Copley Dr. 5.2 HAZARDOUS WASTE ROUND -UP - January 23, 1999 - 9:00 a.m. - 3:00 p.m., Mt.Sac College, Gate W., 1100 N. Grand Avenue, Walnut. 5.3 PLANNING COMMISSION MEETING - January 26, 1999 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.4 PARKS & RECREATION COMMISSION MEETING - January 28, 1999 - 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. 5.5 CITY COUNCIL MEETING - February 2, 1999 - 6:30 p.m., AQMD AUDITORIUM, 21865 E. Copley Dr. 6. CONSENT CALENDAR: 6.1 APPROVAL OF MINUTES: 6.1.1 Regular Meeting of December 15, 1998 - Approve as submitted. 6.1.2 Study Session of January 5, 1999 - Approve as submitted. 6.1.3 Regular Meeting of January 5, 1999 - Approve as submitted. Requested by: City Clerk 6.2 VOUCHER REGISTER - Approve Voucher Register dated January 19, 1999 in the amount of $136,395.54. Requested by: City Manager 6.3 CONTRACT AMENDMENT FOR GFB-FRIEDRICH & ASSOCIATES FOR ENGINEERING SERVICES FOR AREA 1 SLURRY SEAL PROJECT - Council awarded the Slurry Seal Area 1 Project design services contract to GFB-Friedrich & Assoc., in an amount not to exceed $21,626. Since the award of this original contract, the City has been redivided into 5 areas in order to have a better maintained system and much less deterioration over time. This redivision of the City has enlarged the limits of Area 1. Slurry Seal Area 1 originally consisted of 2,418,000 sq. ft. of pavement. An additional 1,392,000 sq. ft. of pavement area (+58%) was added, for a new total pavement area of 3,810,000. Also, an additional 4 residential streets in the newly JANUARY 19, 1999 PAGE 3 created Area 1 have been identified for pavement rehabilitation. These streets are: D.B. Blvd. frontage road between Goldrush Dr. and Kidd Dr., Cleghorn Dr. between Grand Ave. and Clear Creek Dr., Golden Prados Dr. between Golden Spgs. Dr. and Bridle Dr., and Great Bend Dr. between Tin Dr. and Stirrup Dr. Recommended Action: It is recommended that the City Council authorize the Mayor to execute a contract amendment with GFB-Friedrich & Assoc. for the Slurry Seal Area 1 Project design services in an amount not to exceed $22,118. Requested by: Engineering Division 6.4 INCREASE OF AUDIT CONTRACT WITH CONRAD AND ASSOCIATES FOR SUPPLEMENTAL AUDIT SERVICES IN THE AMOUNT OF $2,854 - On December 16, 1997, Council awarded a contract extension for auditing services through FY99. The contract amount for the current fiscal year is $24,480. Since this is in excess of $10,000, any additional auditing services necessary must be approved by Council. Additional services were required related to impound fees, transit revenues, senior/community activities and recreation fees, and planning fees. Recommended Action: It is recommended that the City Council ratify and approve an additional $2,854 for additional services related to impound fees, transit revenues, senior/community activities and recreation fees, and planning fees as provided by Conrad and Assoc., L.L.P. Requested by: City Manager 6.5 AMENDMENT NO. 1 TO A PROFESSIONAL SERVICES AGREEMENT WITH MICHAEL BRANDMAN ASSOCIATES REGARDING MITIGATION MONITORING SERVICES FOR TM NO. 32400 - Requesting approval of an amendment to an existing consulting services agreement with Michael Brandman Assoc. in order to provide mitigation monitoring services for the habitat mitigation project at Sycamore Canyon Park. Recommended Action: It is recommended that the City Council approve an amendment to the agreement with Michael Brandman Assoc. in the amount of $18,350. Requested by: Planning Division 6.6 BUDGET ADJUSTMENT FOR BUILDING & SAFETY SERVICES - Building & Safety revenues and expenditures for FY 98-99 are projected to exceed budgeted estimates as a result of residential and office development activity. A budget adjustment is necessary to document the anticipated increases and compensate the Building & Safety services JANUARY 19, 1999 PAGE 4 contractor. Recommended Action: It is recommended that the City Council approve a budget adjustment increasing revenues for Building & Safety Services by $330,000 and expenditures by $198,000. Requested by: Planning Division 6.7 AMENDMENT TO AGREEMENT FOR CITY MANAGER SERVICES AND PROVIDING FOR A SALARY INCREASE - Based upon the recent performance evaluation of the City Manager, Council has proposed a salary increase of 5% for the City Manager. This is a step increase from Step D to E, or from $8,056 to $8,458.80 per month, effective July 1, 1998. Recommended Action: It is recommended that the City Council approve an amendment to the agreement with Terrence L. Belanger for City Manager services and authorize the Mayor to execute the amendment to the Agreement. Requested by: City Manager 7. PUBLIC HEARINGS: 7:00 p.m., or as soon thereafter as matters may be heard. 7.1 (A) PUBLIC HEARING - RESOLUTION NO. 99 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR SETTING FEES FOR PREFERENTIAL PARKING AND TWENTY-FOUR HOUR PARKING PERMITS - The proposed Resolution establishes fees for Preferential Parking Permits and 24 -Hour Parking Permits. Section 10.16.1290 of the Municipal Code authorizes Council to establish fees for Preferential Parking Permits, and Section 22507 of the California Vehicle Code authorizes Council to establish fees for 24 - Hour Parking Permits. Recommended Action: It is recommended that the City Council open the public hearing, receive public testimony and adopt Resolution No. 98 -XX Setting Fees for Preferential Parking and 24 -Four Hour Parking Permits. Requested by: City Manager (B) SECOND READING OF ORDINANCE NO. 02(1999): AN ORDINANCE OF THE CITY OF DIAMOND BAR ESTABLISHING A PERMIT SYSTEM FOR THE PARKING OF UNATTACHED TRAILERS AND SEMITRAILERS AND AMENDING SECTION 10.16.190 OF THE DIAMOND BAR MUNICIPAL CODE - The Final Report and Recommendation of the Off -Site Parking Task Force has been forwarded to Council for review and discussion. This Ordinance relates to the Task Force's Motion #5 to "Consider Dispensation/Permit Program for Parking Unattached Trailers and Boats on City Streets for a JANUARY 19, 1999 PAGE 5 Period of Twenty -Four Hours." After review of Motion #5 at the Council Study Session on September 1, 1998 and the Town Hall Meeting on November 7, 1998, staff recommends that Council consider this Ordinance to amend Section 10.16.190 of the Municipal Code and to administer 24 -Hour parking permits for unattached trailers and semitrailers. Council approved first reading of the Ordinance on January 5, 1999. Recommended Action: It is recommended that the City Council waive full reading, approve second reading by title only and adopt Ordinance No. 02(1999) establishing a permit system for parking of unattached trailers and semitrailers and amending Section 10.16.190 of the Municipal Code. Requested by: City Manager (C) SECOND READING OF ORDINANCE NO. 03(1999): AN ORDINANCE OF THE CITY OF DIAMOND BAR CREATING PREFERENTIAL PARKING DISTRICT NUMBERS ONE AND TWO AND AMENDING THE MUNICIPAL CODE IN ACCORDANCE THEREWITH - Division 6 of Chapter 10.16 of the Municipal Code authorizes Council to create preferential parking districts, wherein vehicles displaying a valid permit shall be exempt from parking restrictions. A shortage of on -street parking exists on certain streets within the City and parking restrictions have been imposed to facilitate short term parking and the efficient use of street parking spaces. The creation of preferential parking districts is recommended in order to meet the needs of the residents living where parking is restricted. On January 5, 1999, Council approved first reading of the Ordinance to create Preferential Parking District Numbers One and Two and amending the Municipal Code to administer Annual and Temporary Parking Permits. Recommended Action: It is recommended that the City Council waive full reading, approve second reading by title only and adopt Ordinance No. 03(1999) creating Preferential Parking District Numbers One and Two and amending the Municipal Code. Requested by: City Manager 7.2 PUBLIC HEARING - RESOLUTION NO. 99 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR FISCAL YEAR 1999-2000 - The City scheduled a public hearing to discuss programs and the allocation of Community Development Block Grant (CDBG) funds. The City will receive $372,858 in federal funds as a participant in the 1999-2000 Los Angeles Urban County CDBG Program. In addition, the City has $29,764 in unallocated funds, for a total allocation of $402,622. The funds may be JANUARY 19, 1999 PAGE 6 used for a variety of Community Development activities which develop a viable urban community, principally for persons of low and moderate income levels. The City may only allocate 150 or $55,929 of the 1999-00 allocation towards community public service programs. Recommended Action: It is recommended that the City Council open the public hearing, receive testimony and adopt Resolution No. 99 -XX approving the City's Community Development Block Grant Program for FY 1999-2000, and authorize the City Manager to execute all CDBG documents required for the implementation of the program. Requested by: City Manager 8. OLD BUSINESS: 8.1 SECOND READING OF ORDINANCE NO. 01(1999): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ADOPTING A SUBDIVISION ORDINANCE AND AMENDING THE DIAMOND BAR MUNICIPAL CODE - A subdivision of land for the purpose of sale, lease or finance is governed by the California Subdivision Map Act. Upon incorporation, the City adopted the L.A. County Subdivision Code to guide citizens, developers and decision -makers through the process of land subdivision. An Ordinance has been specifically tailored for the City. Council concluded its Public Hearing review and approved first reading of the Ordinance as amended on January 5, 1999. Recommended Action: It is recommended that the City Council waive full reading and approve second reading by title only of Ordinance No. 1(1999): An Ordinance of the City of Diamond Bar Adopting a Subdivision Ordinance and Amending the Diamond Bar Municipal Code. Requested by: Planning Division 8.2 APPROVAL OF ANIMAL CONTROL CONTRACT WITH INLAND VALLEY HUMANE SOCIETY FROM JANUARY 1, 1999 THROUGH JUNE 30, 2000 - Continued from January 5, 1999. The City contracts with the Inland Valley Humane Society to provide animal control services. Council reviewed an amendment to the contract on December 15, 1998, and directed staff to develop an Agreement with further information. An Agreement for Animal Control Services for eighteen (18) months has been prepared, and the contract amount will increase billings by $402.75 each month. The increase provides for full-time Health Care staff, which consists of a licensed veterinarian and registered veterinarian technician and provides for a 1.2% cost of living increase for all staff for the 97-98 year. Termination for the contract remains as a ninety (90) day notice, prior to the conclusion of the contract. The Inland Valley Humane Society is a non-profit organization, which JANUARY 19, 1999 PAGE 7 develops its annual budget based upon the prior year's services level to the nine agencies that contract for service. Therefore, the Inland Valley Humane Society Board of Directors will not alter the termination procedures in the Agreement. Recommended Action: It is recommended that the City Council approve an agreement for Animal Control Services and authorize the Mayor to sign the contract. Requested by: City Manager 8.3 (A) FINANCE DEPARTMENT REORGANIZATION - The City recently received notification from the Senior Accountant of her decision to leave the City's employment. With this occurrence, City management is taking the opportunity to look at the Finance Department organization and propose some changes to assist and improve the department. (B) RESOLUTION NO. 96-53H: RESOLUTION OF THE CITY OF DIAMOND BAR SETTING FORTH PERSONNEL RULES AND REGULATIONS REGARDING THE PAYMENT OF SALARIES, SICK LEAVE, VACATIONS, LEAVES OF ABSENCES, AND OTHER REGULATIONS. Recommended Action: It is recommended that the FY98-99 Municipal Budget Personnel Summary be amended to approve and authorize the positions of Finance Director, Accountant II and Senior Account Clerk and delete authorizations for Asst. Finance Director, Senior Accountant and Administrative Intern. It is also recommended that the City Council adopt Resolution No. 96-53H: Resolution of the City of Diamond Bar setting forth Personnel Rules and Regulations regarding the payment of Salaries, Sick Leave, Vacations, Leaves of Absences, and other regulations which adds the positions of Finance Director, Accountant II and Senior Account Clerk to the salary chart. Requested by: City Manager 8.4 RESOLUTION NO. 91-72D: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING RESOLUTION NO. 91-72C PRESCRIBING A METHOD OF DRAWING WARRANTS AND CHECKS UPON CITY FUNDS - Resolution No. 91-72C authorized the Mayor, City Treasurer and the Assistant Finance Director to sign City warrants and checks. Resolution No. 91-72D changes the position of Asst. Finance Director to Finance Director as an authorized signer of warrants and checks. Recommended Action: It is recommended that the City Council adopt Resolution No. 91-72D prescribing a method of drawing warrants and checks. Requested by: City Manager JANUARY 19, 1999 PAGE 8 9. NEW BUSINESS: 9.1 CONSIDERATION OF A POLICY TO INSTALL SPANNER BANNERS - The City currently utilizes vertical banners posted on utility poles to advertise community events such as Concerts in the Park and the City Anniversary Celebration. At its meeting on June 25, 1998, the Parks & Recreation Commission reviewed the effectiveness of this type of advertising. Their conclusion was that the vertical banners are not large enough to be read, and, therefore, are an ineffective method to advertise community events. The Commissioners noted that other cities in the area utilize banners that span the boulevard (therefore, the term "spanner" banner), and that these are much easier to read. The Commission then voted to recommend to Council the installation of four sets of poles on which to post spanner banners to advertise community events. If a policy to install spanner banners is approved, it is requested that the Council direct staff to release an RFP for an engineer to design plans and specifications. It is further recommended that Council direct staff to develop policies regarding the utilization of spanner banners. Recommended Action: It is recommended by the Parks & Recreation Commission that the City Council approve a policy to install spanner banners. It is further recommended that Council direct staff to (a) release an RFP to obtain an engineer to design plans and specifications and (b) to develop policies regarding the utilization of spanner banners. Requested by: Community Services Division 9.2 CONSIDERATION OF RE -PRIORITIZING CONSTRUCTION OF A SKATEBOARD PARK - The Parks Master Plan list of priorities for Capitol Improvement Projects (C.I.P.) states that a skateboard park should be built in the City by FY 2007/08. The Parks & Recreation Commission recently received a petition containing 160 signatures requesting that the priority of a skateboard park be raised. The Commission reviewed this request at their December 17, 1998 regular meeting, which was attended by about 30 supporters of a skateboard park. After reviewing this issue and receiving public testimony, the Commission voted to recommend to Council that design work for a skateboard park should start immediately and that construction should be completed during FY 1999/2000. Recommended Action: It is recommended by the Parks & Recreation Commission that the City Council raise the priority of construction of a skateboard park to FY 1999/2000 from 2007/2008 in the Parks Master Plan. The Commission further recommends that funds be allocated in the current FY 1998/99 budget to immediately fund the JANUARY 19, 1999 PAGE 9 design of a skateboard park. Requested by: Community Services Division 9.3 PROPOSED AMENDED TRES HERMANOS CONSERVATION AUTHORITY JOINT EXERCISE OF POWERS AGREEMENT - This undeveloped and unplanned property is the largest land remaining within D.B. The property is also one of the largest, single owner parcels remaining in Chino Hills. Because of the proximity of the property to each City, planning and conservation is most appropriately a cooperative and coordinated effort. To that end, the respective sub- committees of the Councils of Chino Hills and D.B. promulgated a draft Tres Hermanos Conservation Authority joint exercise of powers agreement. In May 1998, the D.B. Council approved a draft of the proposed agreement. Following review by both City Attorneys, an amended agreement has been prepared. The purpose of the agreement is to provide for land use, transportation and impact mitigation planning and environmental conservation for the entirety of the Tres Hermanos Ranch property. Each member City would have two representatives on the THCA governing board. The City of industry/ Industry Urban Development Agency has indicated that it does not wish to be a member of the joint powers authority. Instead, Industry has indicated that it would participate in the planning process through a Memorandum of Understanding. Funding would be on an "as needed" basis contingent upon active studies, analyses, reports and other activities that the THCA deems necessary. The member Cities would fund activities as appropriate. Recommended Action: It is recommended that the City Council approve the amended Tres Hermanos Conservation Authority joint exercise of powers agreement and direct the Mayor to execute the agreement on behalf of the City. Requested by: Mayor Chang and Council Member Herrera RECESS TO REDEVELOPMENT AGENCY: Next Resolution No. RA99-01 1. CALL TO ORDER: Chairman ROLL CALL: Agency Members, Chang, Herrera, O'Connor, VC/Huff, C/Ansari 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 JANUARY 19, 1999 PAGE 10 cannot take any action on items not listed on the posted agenda. please complete a Sneaker's Card and wive it to the Agency Secretary (completion of this form is voluntary). There is a five minute maximum time limit when addressing the Redevelopment Agency, 3. CONSENT CALENDAR: 3.1 APPROVAL OF MINUTES: 3.1.1 Regular Meeting of December 15, 1998 - Approve as submitted. 3.1.2 Regular Meeting of January 5, 1999 - Approve as submitted. Requested by: Agency Secretary 3.2 VOUCHER REGISTER - Approve Voucher dated January 19, 1999 in the amount of $18,754.67. Requested by: Executive Director 4. PUBLIC HEARINGS: None 5. OLD BUSINESS: None 6. NEW BUSINESS: None 7. AGENCY MEMBER COMMENTS: Items raised by individual Agency Members are for agency discussion. Direction may be given at this meeting or the item may be scheduled for action at future meeting. 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 future meeting. 12. ADJOURNMENT: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY/CLERK FROM:.. DATE ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: ,, 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: L R t1m L L Oji DATE: J - ADDRESS: 3 cl N S%D PHONE: ORGANIZATION: AGENDA #/SUBJECT: , G' il/ 6 L! C I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Sig ature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK � FROM: �Ig�" DATE: (l ADDRESS: / / PHONE: ORGANIZATION: AGENDA #/SUBJECT: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature D TO: FROM: ADDRESS: ORGANIZATION: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL CITY CLERK > p Lc DATE: l'�O Z (--) ik PHONE:.f��% AGENDA #/SUBJECT: Cs 7 I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. �j gnature TO: FROM: ADDRESS: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL CITY CLERK 1 ° DATE: PHONE: AGENDA #/SUBJECT: 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: �1 /G�`' DATE: ADDRESS: 2 3 K 6�00yTiU 51WW,6t J PHONE: ORGANIZATION: AGENDA #/SUBJECT: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: DATE: ADDRESS: %HONE -60 9t( ORGANIZATION: AGENDA #/SUBJECT: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above, Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: �� f '�wx �.� DATE: ADDRESS: PHONE: ORGANIZATION: AGENDA #/SUBJECT: z I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: k\ L) +I 1 -1 eZ, S C� i DATE: / ADDRESS: �'� r��� �,��;n d:' . !� �� PHONE:b ORGANIZATION: AGENDA #/SUBJECT: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: DATE: ADDRESS: ORGANIZATION: t AGENDA #/SUBJECT: 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 > C� FROM: hiz la ` —� DATE: �1 " ADDRESS: PHONE: ORGANIZATION: AGENDA #/SUBJECT: G•f I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Sigkature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK Q FROM: , �z. - DATE: ADDRESS: PHONE4,/-f�"f � ORGANIZATION: AGENDA #/SUBJEC cJ�" ^��.s,. P✓ I expect to address the Council on subject agenda item. Please have the name and address as written above. Signature '4� ' rT' )u mutes reAect my CITY OF DIAMOND BAR "QUICK CAP" MINUTES JANUARY 19, 1999 1. CLOSED SESSION: Called to order at 5:00 p.m. in Room CC -8 of the AQMD. a) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (California Government Code Section 54956.9(a) relating to the matter Barbara Beach Courschene, et al vs. Diamond Bar Redevelopment Agency, Case No. BC 175655. b) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (California Government Code Section 54956.9(b) relating to the matter The Dolezal Co. vs. City of Diamond Bar, Case No. KC09327 and Dolezal Family Trust vs. City of Diamond Bar, Case No. KS005104. STUDY SESSION: Called to order at 5:44 p.m. in Room CC8 of the AQMD. Regarding: 1999 Goals and Objectives. Present: Council Members Ansari, Herrera, Huff, Mayor Pro Tem O'Connor and Mayor Chang. Also present were: Terrence L. Belanger, City Manager; Amanda Susskind, Assistant City Attorney; James DeStefano, Deputy City Manager; David Liu, Deputy Public Works Director; Bob Rose, Community Services Director; Mike Nelson, Communications & Marketing Director; Linda Magnuson, Assistant Finance Director and Lynda Burgess, City Clerk. 2. CALL TO ORDER: Mayor Chang called the meeting to order at 6:45 p.m. in the Auditorium at the South Coast Air Quality Management District, 21865 E. Copley Dr., Diamond Bar, California. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Bill Coker, D.D.S. INVOCATION: The Invocation was given by Reverend Ted Meyers, Shepard of the Hills Lutheran Church. ROLL CALL: Council Members Ansari, Herrera, Huff, Mayor Pro Tem O'Connor, Mayor Chang. Also present were: Terrence L. Belanger, City Manager; Amanda Susskind, Assistant City Attorney, James DeStefano, Deputy City Manager; David Liu, Deputy Public Works Director; Bob Rose, Community Services Director; Mike Nelson, Communications & Marketing Director; Linda Magnuson, Assistant Finance Manager and Lynda Burgess, City Clerk. APPROVAL OF AGENDA: At the request of CM/Belanger, Consent Calendar Item 6.7 was continued to the next meeting and Item 9.3 will be moved forward following Public Comments. 3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 3.1 Jeff Lowe, Treasurer of the D.B. Rotary Club presented a check in the amount of $2,000 to the City to be used toward purchase of furniture, fixtures or equipment for the Pantera Park Concession Stand. BUSINESS OF THE MONTH: 3.2 Presented City Tile to Dr. Bill Coker, D.D.S. 4, PUBLIC COMMENTS - Martha Bruske - 6.3 - happy that City will be doing slurry seal work. Complained that the paving materials used are too noisy. Expressed concerns about traffic control and the lack of speed limit signs on Great Bend. School traffic problem exists on frontage road of Diamond Bar Blvd. Near Kidd Dr. Re: 6.5 - asked what the Habitat Mitigation Project at Sycamore Canyon Pk. CM/Belanger - As a result of Tract Map No. , Sycamore Canyon was selected for creation of a replacement habitat. Martha Bruske - re 6.7 - what will you get back for this salary increase? We have no Code Enforcement. Have serious traffic problems around the schools—are just going to continue ignoring. No neighborhood sheriff patrol. Ought to have expectations for something in return. Clyde Hennessee - re 6.6 – wants explanation. 6.7 expressed concern about providing salary increase in light of the fact that City will suffer a loss of income within the next year. AI Rumpilla - re: parking regulations - clarification needed. Task Force wanted increased enforcement—not new laws. Re: increase for employees—should not exceed cost of living that senior citizens receive for social security. Dr. Lawrence Rhodes - Asked when he will get his animals back that were impounded by the Humane Society. As requested by MPT/O'Connor, CM/Belanger explained the events that occurred surrounding the impound of Dr. Rhode's dogs. The City has no authority over the L.A. County Court to help Dr. Rhodes. 5. SCHEDULE OF FUTURE EVENTS: 5.1 COMMUNITY CENTER/CIVIC CENTER TASK FORCE - January 20, 1999, 6:30 p.m., AQMD, 21865 E. Copley Dr. 5.2 HAZARDOUS WASTE ROUND -UP - January 23, 1999 - 9:00 a.m. - 3:00 p.m., Mt. Sac College, Gate W., 1100 N. Grand Ave., Walnut. 5.3 PLANNING COMMISSION MEETING - January 26, 1999 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.4 PARKS & RECREATION COMMISSION MEETING - January 28, 1999 - 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. 5.5 CITY COUNCIL MEETING - February 2, 1999 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Dr. 9.3 PROPOSED AMENDED TRES HERMANOS CONSERVATION AUTHORITY JOINT EXERCISE OF POWERS AGREEMENT - This undeveloped and unplanned property is the largest land remaining within D.B. The property is also one of the largest, single owner parcels remaining in Chino Hills. Because of the proximi8ty of the property to each City, planning and conservation is most appropriately a cooperative and coordinated effort. To that end, the respective sub- committees of the Councils of Chino Hills and D.B. promulgated a draft Tres Hermanos Conservation Authority joint exercise of powers agreement. In May, 1998, the D.B. Council approved a draft of the proposed agreement. Following review by both City Attorneys, an amended agreement has been prepared. The purpose of the agreement is to provide for land use, transportatio9n and impact mitigation planning and environmental conservation for the entirety of the Tres Hermanos Ranch property. Each member City would have two representatives on the THCA governing board. The City of Industry/Industry Urban Development Agency has indicated that it does not wish to be a member of the joint powers authority. Instead, Industry has indicated that it would participate in the planning process through a Memorandum of Understanding. Funding would be on an "as needed" basis contingent upon active studies, analyses, reports and other activities that the THCA deems necessary. The member Cities would fund activities as appropriate. Clyde Hennessee - Concerned that the City of Industry is not willing to join the JPA. Felt that an MOU with Industry would be meaningless. Moved by C/Huff, seconded by C/Herrera, to approve the amended Tres Hermanos Conservation Authority joint exercise of powers agreement and directed the Mayor to execute the agreement on behalf of the City. 6. CONSENT CALENDAR: Moved by C/Huff, seconded by C/Ansari to approve the Consent Calendar with the exception of Items No. 6.5 and 6.7. Motion carried 5-0 by Roll Call vote. 6.1 APPROVED MINUTES: 6.1.1 Regular Meeting of December 15, 1999 - as submitted. 6.1.2 Study Session of January 5, 1999 - as corrected. 6.1.3 Regular Meeting of January 5, 1999 - as corrected. 6.2 APPROVED VOUCHER REGISTER dated January 19, 1999 in the amount of $136,395.54. 6.3 APPROVED CONTRACT AMENDMENT FOR GFB- FRIEDRICH & ASSOCIATES FOR ENGINEERING SERVICES FOR AREA 1 SLURRY SEAL PROJECT - for design services in an amount not to exceed $22,118. 6.4 APPROVED INCREASE OF AUDIT CONTRACT WITH CONRAD AND ASSOCIATES FOR SUPPLEMENTAL AUDIT SERVICES IN THE AMOUNT OF $2,854 - for additional services related to impound fees, transit revenues, senior/community activities and recreation fees and planning fees. 6.6 APPROVED BUDGET ADJUSTMENT FOR BUILDING & SAFETY SERVICES - increasing revenues by $330,000 and expenditures by $198,000. 6.7 AMENDMENT TO AGREEMENT FOR CITY MANAGER SERVICES AND PROVIDING FOR A SALARY INCREASE - Continued to February 2, 1999. MATTERS WITHDRAWN FROM CONSENT CALENDAR: 6.5 AMENDMENT NO. 1 TO A PROFESSIONAL SERVICES AGREEMENT WITH MICHAEL BRANDMAN ASSOCIATES REGARDING MITIGATION MONITORING SERVICES FOR TM NO. 32400 - Requesting approval of an amendment to an existing consulting services agreement with Michael Brandman Assoc. in order to provide mitigation monitoring services for the habitat mitigation project at Sycamore Canyon Park. Following discussion, it was moved by C/Herrera, seconded by C/Ansari to approve an amendment with Michael Brandman Assoc. in the amount of $18,350. 7. PUBLIC HEARINGS: Moved by MPT/O'Connor, seconded by C/Herrera to discuss Items 7.1 B) and C) prior to discussion of A). Motion carried 5-0 by Roll Call vote. B) SECOND READING OF ORDINANCE NO. 02(1999): AN ORDINANCE OF THE CITY OF DIAMOND BAR ESTABLISHING A PERMIT SYSTEM FOR THE PARKING OF UNATTACHED TRAILERS AND SEMITRAILERS AND AMENDING SECTION 10.16.190 OF THE DIAMOND BAR MUNICIPAL CODE - Armando Zamacona - against charging residents for parking fees. Moved by C/Huff, seconded by C/Herrera to waive full reading and adopt Ordinance No. 02(1999). Motion carried 5-0 by Roll Call vote. c) SECOND READING OF ORDINANCE NO. 03(1999): AN ORDINANCE OF THE CITY OF DIAMOND BAR CREATING PREFERENTIAL PARKING DISTRICT NUMBERS ONE AND TWO AND AMENDING THE MUNICIPAL CODE IN ACCORDANCE THEREWITH - Clyde Hennessee - against charging residents a fee to park but a free permit should be put into place. Moved by C/Ansari, seconded by C/Herrera to waive full reading and adopt Ordinance No. 03 (1999) with recommended changes. Motion carried 5-0 by Roll Call vote. A) PUBLIC HEARING - RESOLUTON NO. 99-01: A RESOLUTION OF THR CITY COUNCIL OF THE CITY OF DIAMOND BAR SETTING FEES FOR PREFERENTIAL PARKING AND TWENTY-FOUR HOUR PARKING PERMITS - M/Chang opened the Public Hearing. Al Rumpilla - asked that permits be free for the residents Jean Witzman - against charging residents for permits. Shouldn't have to pay for visitors to be able to park in front of her home. Clyde Hennessee - Complained about staffs use of comparisons with other cities to justify their own recommendations. Felt the costs to the City are nominal and the City should give that to the residents. C/Huff recommended a free two- or three-year permit or a free temporary parking permit. Recommended the fee for parking unattached trailers or boats for outfitting be in the area of $2-3 for 24 hours. Also recommended the permit revocation appeal be increased from $30 to $50. MPT/O'Connor recommended only charging for unattached trailers or boats, not for residential parking. There being no further testimony offered, M/Chang closed the Public Hearing. Moved by C/Herrera, seconded by C/Huff to adopt Resolution No. 99-01 setting fees for preferential parking and 24 -four hour parking permits. Motion carried 5-0 by Roll Call vote. 7.2 PUBLIC HEARING - RESOLUTION NO. 99-02: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR FISCAL YEAR 1999-2000 - The City scheduled a Public Hearing to discuss programs and the allocation of Community Development Block Grant (CDBG) funds. The City will receive $372,858 in federal funds as a participant in the 1999-2000 L.A. Urban County CDBG program. In addition, the City has $29, 764 in unallocated funds, for a total allocation of $402,622. The funds may be used for a variety of Community Development activities which develop a viable urban community, principally for persons of low and moderate income levels. The City may only allocate 15% or $55,929 of the 1999-00 allocation toward community public service programs. M/Chang opened the Public Hearing Following presentations by various groups requesting funding and there being no further testimony offered, M/Chang closed the Public Hearing. Motion by C/Herrera to provide $5,000 for the Center for Independent Living, and reduce City Senior Program by $5,000 and recommend that Project Sister be funded through the COPs program. Motion by MPT/O'Connor to adopt Resolution No. 99-02 approving the City's CDBG program for FY 99-2000, authorize the City Manager to execute all CDBG documents, remove $50,000 from Minnequa Landslide and add those funds to the Community Center/Civic Center Project, seconded by C/Huff. Motion carried 4-0 by Roll Call vote (C/Ansari voted no). 8. OLD BUSINESS: 8.1 SECOND READING OF ORDINANCE NO. 01(1999): AN ORDINANCE OF THR CITY COUNCIL OF THE CITY OF DIAMOND BAR ADOPTING A SUBDIVISION ORDINANCE AND AMENDING THE DIAMOND BAR MUNICIPAL CODE - A subdivision of land for the purpose of sale, lease or finance is governed by the California Subdivision Map Act. Upon incorporation, the City adopted the L.A. County Subdivision Code to guide citizens, developers and decision - makers through the process of land subdivision. An ordinance has been specifically tailored for the City. Council concluded its Public Hearing review and approved first reading of the Ordinance, as amended, on January 5, 1999. On the recommendation of staff, this matter was continued to February 2, 1999. 8.2 APPROVAL OF ANIMAL CONTROL CONTRACT WITH INLAND VALLEY HUMANE SOCIETY FROM JANUARY 1, 1999 THROUGH JUNE 30, 2000 - Continued from January 5, 1999. The City contracts with the Inland Valley Humane Society to provide animal control services. Council reviewed an amendment to the contract on December 15, 1998, and directed staff to develop an Agreement with further information. An Agreement for Animal Control Services for eighteen months has been prepared and the contract amount will increase billings by $402.75 each month. The increase provides for full-time health care staff, which consists of a licenses veterinarian and registered veterinarian technician and provides for a 1.2% cost of living increase for all staff for the 97-98 fiscal year. Contract termination remains as a ninety day notice, prior to the conclusion of the contract. The Inland Valley Humane Society is a non-profit organization, which develops its annual budget based upon the prior year's services level to the nine agencies that contract for service. Therefore, the Inland Valley Human Society Board of Directors will not alter the termination procedures in the Agreement. Janet Clark, a volunteer with the Inland Valley Humane Society, spoke in support of the Society's programs. Dr. Lawrence Rhodes - Would prefer going back to services provided by the County. MPT/O'Connor requested that staff update the City's Animal Control Ordinance as requested by the Humane Society. M/Chang requested that the Humane Society provide the City with a barking code asap. C/Ansari requested that the Humane Society conduct a customer satisfaction survey. C/Ansari moved, seconded by MPT/O'Connor to approve an agreement for Animal Control Services with the Inland Valley Humane Society for 18 months and authorize the mayor to execute the contract. Motion carried 5-0 by Roll Call vote. 8.3 A) FINANCE DEPARTMENT REORGANIZATION - The City recently received notification from the Senior Accountant of her decision to leave the City's employment. With this occurrence, City management is taking the opportuni8ty to look at the Finance Department organization and propose some changes to assist and improve the department. B) RESOLUTION NO. 96-53H: RESOLUTON OF THE CITY OF DIAMOND BAR SETTING FORTH PERSONNEL RULES AND REGULATIONS REGARDING THE PAYMENT OF SALARIES, SICK LEAVE, VACATIONS, LEAVES OF ABSENCES AND OTHER REGULATIONS. MUVUU ray NIFMO-Connor, seconded uy GfAnsari to amend the FY98-99 Municipal Budget Personnel Summary to authorize the positions of Finance Director, Accountant II and Senior Account Clerk and delete authorizations for Asst. Finance Director, Senior Accountant and Administrative Intern. Further, to adopt Resolution No. 96-53H setting forth Personnel Rules and Regulations regarding the payment of salaries, sick leave, vacations, leaves of absences and other regulations which adds the position of Finance Director, Accountant II and Senior Account Clerk to the salary chart. Motion carried 5-0 by Roll Call vote. 8.4 RESOLUTION NO. 91-72D: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING RESOLUTION NO. 91-72C PRESCRIBING A METHOD OF DRAWING WARRANTS AND CHECKS UPON CITY FUNDS - Resolution No. 91-72C authorized the Mayor, City Treasurer and the Assistant Finance Director to sign City warrants and checks. Resolution No. 91-72D changes the position of Asst. Finance Director to Finance Director as an authorized signer of warrants and checks. Moved by MPT/O'Connor, seconded by C/Huff to adopt Resolution No.91- 72D prescribing a method of drawing warrants and checks upon City funds. 9. NEW BUSINESS: 9.1 CONSIDERATION OF A POLICY TO INSTALL SPANNER BANNERS - The City currently utilizes vertical banners posted on utility poles to advertise community events such as Concerts in the Park and the City Anniversary Celebration. At its meeting on June 25, 1998, the Parks & Recreation Commission reviewed the effectiveness of this type of advertising. Their conclusion was that the vertical banners are not large enough to be read and, therefore, are an ineffective method to advertise community events. The Commissioners noted that other cities in the area utilize banners that span the boulevard (therefore, the term "spanner banner"), and that these are much easier to read. The Commission then voted to recommend to Council the installation of four sets of poles on which to post spanner banners to advertise community events. If a policy to install spanner banner id approved, it is requested that the Council direct staff to release an RFP for an engineer to design plans and specifications. It is further recommended that Council direct staff to develop policies regarding the utilization of spanner banners. Martha Bruske spoke in opposition to this proposal. Jeff Kuntz, Exec. Dir., D.B. Chamber of Commerce - supported the proposal to advertise events for other groups as well as the City. M/Chang suggested soliciting telecommunications firms for assistance to the City. Moved by MPT/O'Connor, seconded by C/Ansari to approve a policy to install spanner banners and direct staff to release an RFP to obtain an engineer to design plans and specifications and develop policies regarding utilization of spanner banners. Motion 3-2 (C/Herrera and C/Huff voted no). 9.2 CONSIDERATION OF RE -PRIORITIZING CONSTRUCTION OF A SKATEBOARD PARK - The Parks Master Plan list of priorities for Capitol Improvement Projects (C.I.P.) states that a skateboard park should be built in the City by FY 2007/08. The Parks & Recreation Commission recently received a petition containing 160 signatures requesting that the priority of a skateboard park be raised. The Commission reviewed this request at their December 17, 1998 regular meeting, which was attended by about 30 supported of such a park. After reviewing this issue and receiving public testimony, the Commission voted to recommend to Council that design work for a skateboard park should start immediately and that construction should be completed during FY 99/2000. Martha Bruske objected to this proposal. Allen Wilson expressed concern that such a facility would no longer be necessary in 10 years or so. Annette Finnerty, Parks & Recreation Commissioners - The Commission has been asked for such a park for a number of years. C/Ansari moved, seconded by C/Huff to re -prioritize the construction of a skateboard park to FY 99/2000 from 2007/2008 in the Parks Master Plan and allocate funds in the current FY98/99 budget to immediately fund the design. RECESS TO REDEVELOPMENT AGENCY: CALL TO ORDER: ROLL CALL: Agency Members Chang, Herrera, O'Connor, VC/Huff, C/Ansari Also present were: Terrence L. Belanger, Executive Director; Amanda Susskind, Assistant Agency Attorney; James DeStefano, Deputy City Manager; David Liu, Deputy Public Works Director; Bob Rose, Community Services Director; Mike Nelson, Communications & Marketing Director; Linda Magnuson, Assistant Finance Director and Lynda Burgess, Agency Secretary. 2. PUBLIC COMMENTS: None offered. 3. CONSENT CALENDAR: Moved by AM/Chang, seconded by AM/Chang to approve the Consent Calendar. Motion carried 5-0 by Roll Call vote. 4. PUBLIC HEARINGS: None 5. OLD BUSINESS: None 6. NEW BUSINESS: None 7. AGENCY MEMBER COMMENTS: None AGENCY ADJOURNMENT: 11:42 RECONVENE CITY COUNCIL MEETING: 11:42 10. COUNCIL SUB -COMMITTEE REPORTS: None 11. COUNCIL MEMBER COMMENTS: None 12. ADJOURNMENT: In memory of M/Chang's mother at 11:43 p.m. MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR } ` DECEMBER 15, 1998 1. CLOSED SESSION: 5:00 p.m., Room CC -8 City Manager Evaluation 2. CALL TO ORDER: Mayor Chang called the meeting to order at 6:45 p.m. in the Auditorium of the South Coast Air Quality Management District, 21865 E. Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Cub Scout Troop 730. INVOCATION: Ab Kastl, Diamond Canyon Christian Church. ROLL CALL: Council Members Ansari, Herrera, Huff, Mayor Pro Tem O'Connor, Mayor Chang Also present were: Terrence L. Belanger, City Manager; Michael Jenkins, City Attorney; James DeStefano, Deputy City Manager; Bob Rose, Community Services Director; Mike Nelson, Communications & Marketing Director; Linda Magnuson, Assistant Finance Manager; Rose Manela, Assistant Civil Engineer and Lynda Burgess, City Clerk. APPROVED AGENDA: As presented. 3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 3.1 Presented Certificate of Recognition to Tom Van Winkle, graduate of North Orange County Leadership Institute, Class of 1998. 3.2 Presented Certificate of Recognition to Shirley Leon -Seymour, member of the Community Volunteer Patrol. 3.3 Presentation by Airtouch Cellular of two cell phones to the Community Volunteer Patrol - Continued to a later date. 3.4 Video presentation by Diamond Bar Improvement Association (Bob Zirbes and Michael Goldenberg) regarding "Paint Our Town." Mr. Zirbes presented a plaque to Council as an expression of appreciation for the City's support. BUSINESS OF THE MONTH: 3.5 Presentation of City Tile to Dr. Bill G. Coker, D.D.S. - Continued to January 5, 1999. 4. PUBLIC COMMENTS: Jeff Koontz, Exec. Dir., D.B. Chamber of Commerce, stated that on December 16, 1998 from 12:00 noon to 6:00 p.m., a blood drive would be held at the Pomona Valley Red Cross, 675 N. Park Ave., Pomona, a Chamber Mixer would be held on December 17 at the Scoreboard Sports Bar & Restaurant next to the Shilo Inn beginning at 5:00 p.m. Admission is a stuffed animal. At 7:30 a.m. on January 22, 1999 a State of the City address will be held DECEMBER 15, 1998 PAGE 2 at St. Denis Church. Admission is $15. On February 12, a gala auction will be held in the grand ballroom at the Shilo Inn in cooperation with the D.B. Chinese Assn. Proceeds will go to community events sponsored by both groups. Tickets are $35 and include a full meal and admission to the auction. On March 12-15, the Chamber will conduct a strategic planning retreat aboard a cruise ship to Ensenada. Tickets are $400 per person double occupancy. A legislative meeting will be held on the second Thursday at 7:30 a.m. at the D.B. Golf Course. He announced that the Chamber will be formulating a business registry. An application form will be included in the January edition of The View. There is no charge for the listing. Advertising will be sold to offset the cost of the registry. 5. SCHEDULE OF FUTURE EVENTS: 5.1 PARKS & RECREATION COMMISSION - December 17, 1998 - 7:00 P.M., SCAQMD Hearing Board Room, 21865 E. Copley Dr. 5.2 CHRISTMAS HOLIDAY - City Offices will be closed Thursday, December 24 and Friday, December 25, 1998 in observance of Christmas Holidays. Will reopen Monday, December 28, 1998. City Hall will also be closed Friday, January 1, 1999 for New Year's Day and will reopen January 4, 1999. 5.3 HOLIDAY TREE RECYCLING - January 4-18,1999 - Recycling of holiday trees through your disposal company. 5.4 CITY COUNCIL MEETING - January 5, 1999 - 6:30 p.m., SCAQMD Auditorium, 21865 E. Copley Dr. 6. CONSENT CALENDAR: C/Ansari moved, C/Herrera seconded, to approve the Consent Calendar as submitted. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Herrera, Huff, MPT/O'Connor, M/Chang' NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 6.1 APPROVED MINUTES: 6.1.1. Joint Study Session with Parks & Recreation Commission - As corrected. 6.1.2 Regular Meeting of November 17, 1998 - As submitted. 6.1.3 Regular Meeting of December 1, 1998 - As submitted. 6.2 RECEIVED & FILED PARKS & RECREATION COMMISSION MINUTES: 6.2.1. Regular Meeting of September 24, 1998. 6.2.2 Regular Meeting of October 22, 1998. 6.3 APPROVED VOUCHER REGISTER - dated December 15, 1998 in the amount of $706,055.86. DECEMBER 15, 1998 PAGE 3 6.4 RECEIVED & FILED TRANSMITTAL OF COMPREHENSIVE ANNUAL FINANCIAL REPORT AND FINAL AUDIT REPORTS FOR THE YEAR ENDED JUNE 30, 1998. 6.5 DENIED CLAIM FOR DAMAGES - filed by David Edwards on November 20, 1998 and referred the matter for further action to the City's Risk Manager. 6.6 ADOPTED RESOLUTION NO. 98-69: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR PARK IMPROVEMENTS AND ADA UPGRADES FOR RONALD REAGAN PARK AND HERITAGE PARK, IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. 6.7 ADOPTED RESOLUTION NO. 89-107A: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING RESOLUTION NO. 89-107, ESTABLISHING A DEFERRED COMPENSATION PLAN FOR THE EMPLOYEES OF THE CITY OF DIAMOND BAR. 6.8 ADOPTED RESOLUTION NO. 98-70: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING ADVANCE AND REIMBURSEMENT AGREEMENT NO. P2 WITH THE DIAMOND BAR REDEVELOPMENT AGENCY IN THE AMOUNT OF $34,695. 7. PUBLIC HEARING: 7.1 CONTINUED PUBLIC HEARING - REVIEW OF DRAFT SUBDIVISION ORDINANCE. M/Chang reopened the Public Hearing. There being public testimony offered, M/Chang continued the Public Hearing to January 5, 1999. 8. OLD BUSINESS: 8.1 AMENDMENT NO. 1 TO THE RECREATION CONTRACT WITH THE CITY OF BREA MPT/O'Connor moved, C/Ansari seconded, to approve Amendment No. 1 to the Recreation Contract with the City of Brea and authorized the Mayor to sign the Letter of Understanding for approval of a contingency in the amount of $10,000 (1.9% of the total contract). Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Herrera, Huff, MPT/O'Connor, DECEMBER 15, 1998 PAGE 4 M/Chang NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 8.2 EXTENSION OF CONTRACT FOR VENDOR SERVICES WITH THE CITY OF BREA Following discussion, C/Huff moved, C/Ansari seconded, to approve Extension of Contract for Vendor Services with the City of Brea and authorized an additional $4,800 for information technology technical support. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Herrera, Huff, M/Chang NOES: COUNCIL MEMBERS - MPT/O'Connor ABSENT: COUNCIL MEMBERS - None 8.3 DISCUSSION OF OFF-SITE PARKING RECOMMENDATIONS 1 AND 5 - 8.3 (a) RESOLUTION NO. 98-71: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING CODE ENFORCEMENT OFFICERS OF THE CITY OF DIAMOND BAR TO ENFORCE CITY PARKING REGULATIONS - Task Force Motion No. 1. Dr. Lawrence Rhodes, Fibre Ct., said that there is inadequate parking on his street which goes against the new Codes but which is acceptable to the residents. He asked Council to determine a solution to this matter. C/Huff said he is pleased that the Council is addressing citizen's concerns by considering increased enforcement of the current laws. He asked how much time $830 buys. DCM/DeStefano responded that $830 represents one overtime shift for the next two quarters at $415 per quarter. In response to C/Huff, CM/Belanger explained that currently, most of the City's parking enforcement is taking place during the time that CSOs are assigned. In many cases, those violations that are referred to as "parking violations" are vehicles that are parked and have expired registrations or some other type of disability. The proposal is intended to be a pilot program with a dedicated car working the evening hours in order to get a sense of the types of parking violations that occur during those hours. C/Huff was opposed to spending more money on enforcement and DECEMBER 15, 1998 PAGE 5 believed that six months is too long for a test period. CM/Belanger explained that if Council wishes to approach this matter differently, COPS funds are available and Council has flexibility from a financial standpoint. C/Huff recommended that the pilot program be initiated for one month with a report back to Council. He requested that staff obtain information from newly -elected Sheriff Baca regarding his expectations. He stated that, prior to his election, Sheriff Baca indicated to him that he was open to the concept of freeing up Community Volunteer Patrols to, within reason, reflect the various City Council wishes. MPT/O'Connor expressed concern about the proposal to extend overtime for six months. She was not certain that a nighttime patrol is what the Off -Site Parking Task Force intended. She believed that the Task Force was more concerned about enforcement of 72 -hour parking violations and standalone boats and trallers. CM/Belanger responded that staff proposed authorization of two evening shifts in order to ascertain the kinds of violations that exist during those hours when the CSOs are not on duty. Responding to C/Herrera, CM/Belanger stated that if the volunteers are not permitted to write parking citations, staff would propose to create a civilian volunteer organization whose members are certified and whose focus is non -Vehicle Code parking enforcement. Following discussion, C/Huff moved, MPT/O'Connor seconded, to accelerate overtime expenditure for the next month with a report to Council by February 16, 1999, seek to establish contact with Sheriff Baca for clarification of use of the existing Volunteer Patrol, and adopt Resolution No. 98-71 authorizing Code Enforcement Officers to enforce City Parking Regulations. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Herrera, Huff, MPT/ O'Connor, M/Chang NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None b) ORDINANCE NO. 0X(1998): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING A PARKING PERMIT PROGRAM - Task Force Motion No. 5. DECEMBER 15, 1998 PAGE 6 Allen Wilson asked how the permit system would allow parking in his homeowners association complex where no such parking is currently permitted. CM/Belanger responded that the proposed program applies only to public streets. The City has no authority or jurisdiction over private streets. In response to C/Ansari, CM/Belanger explained that the permit would be issued on an annual basis and would be color -coded. DCM/DeStefano read a facsimile from Roy Wilkes and responded to his questions and concerns. MPT/O'Connor asked that the language on Pg. 6 be changed to reflect that the annual and temporary 24 hour parking permits will be displayed on the specific vehicle designated on the permit. DCM/DeStefano acknowledged MPT/O'Connor's request for a language change on Pg. 6. In response to MPT/O'Connor, DCM/DeStefano explained that garage, carport and driveway spaces are intended to be used for the parking of vehicles. CA/Jenkins reported that the City has limited authority to tell people how they will use their garage space, such as preventing a property owner from using the garage for living space. MPT/O'Connor suggested that the Council consider changing the permit requirement that residents be able to park vehicles in their garages before they are allowed to park vehicles on the street. C/Ansari recommended that the Temporary Parking Permit be offered for $5 rather than $10. C/Huff suggested that the City look into the feasibility of setting up an automatic permit dispensing system. Following discussion, Council concurred to set January 5, 1999 for First Reading of Ordinance No. XX(1998) establishing a Parking Permit Program. 8.4 APPROVAL OF ANIMAL CONTROL CONTRACT WITH INLAND VALLEY HUMANE SOCIETY FOR JANUARY 1, 1999 THROUGH JUNE 30, 2001. DECEMBER 15, 1998 PAGE 7 Mr. Harford, Inland Valley Humane Society, responded to Council's questions and concerns. MPT/O'Connor requested that staff conduct a cost analysis for increased Humane Society patrol throughout the City. C/Ansari suggested that the City's contractor providing right-of-way service should make certain that the streets are kept free of dead animals. Mr. Harford confirmed that animal remains are not supposed to be picked up by City waste haulers. Dr. Lawrence Rhodes stressed that people should not handle dead animals because they may transmit disease. He asked Council to consider an ordinance requiring that all dogs within the City be inoculated for rabies and kennel cough. He spoke about past problems he experienced with the Inland Valley Humane Society and recommended that Council consider a short term contract with a 60 -day termination clause. Following discussion of concerns voiced by Council Members, C/Herrera moved, C/Huff seconded, to continue the matter to January 5, 1999 with changes to include an 18 month contract, a shorter termination provision, and that copies of the original contract be provided to Council Members for review. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Herrera, Huff, MPT/O'Connor, M/Chang NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 9. NEW BUSINESS: 9.1 CONSIDERATION OF A POLICY TO INSTALL VENDING MACHINES IN CITY PARKS. Following discussion, MPT/O'Connor moved, C/Herrera seconded, to approve a policy to install vending machines in the City's Parks and to direct that any revenue generated by these machines be utilized to offset parks maintenance and operations costs. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Herrera, Huff, MPT/O'Connor, M/Chang NOES: COUNCIL MEMBERS - Ansari ABSENT: COUNCIL MEMBERS - None DECEMBER 15, 1998 PAGE 8 9.2 RESOLUTION NO. 98-72: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING THE LOS ANGELES COUNTY SHERIFF'S DEPARTMENT VOLUNTEERS AND EXPLORERS TO DIRECT TRAFFIC. Dr. Lawrence Rhodes supported the concept as long as the volunteers are properly trained and that they have the support of the Sheriffs Department. C/Ansari moved, C/Herrera seconded, to adopt Resolution No. 98-72 authorizing L.A. County Sheriff Department Volunteers to direct traffic and allocated an additional $2,000 for Workers' Compensation insurance. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Herrera, Huff, MPT/O'Connor, M/Chang NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - Ansari 9.3 AUTHORIZATION TO THE CITY MANAGER TO PURCHASE TWO VEHICLES, AND CITY COUNCIL APPROVAL OF A BUDGET ADJUSTMENT IN THE AMOUNT OF $65,000. C/Herrera moved, C/Ansari seconded, to authorize the City Manager to purchase two vehicles and approve a budget adjustment in the amount of $65,000. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Herrera, Huff, MPT/O'Connor, M/Chang NOES: COUNCIL MEMBERS -None ABSENT: COUNCIL MEMBERS -None 9.4 CITY COUNCIL APPOINTMENTS TO COMMITTEES, SUBCOMMITTEES, AD HOC COMMITTEES AND TASK FORCES. Council unanimously ratified the following Committee, Subcommittee, Ad Hoc Committee and Task Force Committee Mayoral appointments: COMMITTEE California Contract Cities Assn. Calif. Joint Powers Insurance Authority CLOUT East San Gabriel Valley Planning Comm Foothill Transit Zone Four -Corners Trans. Policy Committee League of Calif. Cities - L.A. Div. L.A. County Sanitation District No. 32 DELEGATE ALTERNATE O'Connor Ansari Chang Ansari Herrera DeStefano Huff Ansari Huff Chang Chang Herrera Chang Huff DECEMBER 15, 1998 PAGE 9 L.A. County City Selection Committee San Gabriel Valley Economic Partnership of Commerce & Cities Greater L.A. County Vector Control District So. Calif. Assn. of Governments (SCAG) Wildlife Corridor Cons. Authority (WCCA) CITY COUNCIL AD HOC COMMITTEES Finance City On Line Technical Cable TV Franchise Sister City WVUSD/City PUSD/City Economic Development Redevelopment City Council Goals/City Manager Evaluation Liaison Committee to Surrounding Cities Chamber of Commerce Liaison Senior Citizen Liaison Legislative City Anniversary Liaison Lanterman Expansion Community/Civic Center Task Force RECESS TO REDEVELOPMENT AGENCY MEETING: Chang O'Connor Ansari Herrera MacBride Chang O'Connor O'Connor Huff Herrera/O'Connor O'Connor/Huff Herrera/Chang Huff/Ansari Huff/Ansari O'Connor/Chang Chang/Herrera Ansari/Huff Chang/O'Connor Chang/Herrera O'Connor/Ansari Ansari/Herrera Ansari/Herrera O'Connor Herrera/O'Connor Huff/O'Connor 10:55 p.m. RECONVENE CITY COUNCIL MEETING: WChang reconvened the City Council meeting at 11:00 p.m. 10. COUNCIL. SUB -COMMITTEE REPORTS AND COUNCIL MEMBER COMMENTS: C/Herrera thanked the Mayor for her committee assignments. She looked forward to participating on behalf of the City. She commented that the relationship among the cities of Chino Hills, City of Industry and D.B. is improving and expects that a Joint Powers Agreement will be approved and that a Memorandum of Understanding is forthcoming. She thanked C/Huff for his perseverance in pursuing a JPA. C/Huff stated that on December 4, he and MPT/O'Connor played golf on behalf of the YMCA and attended swearing-in ceremonies for Sheriff Lee Baca on December 7. Also on December 7, he initiated a study through the Council of Governments regarding the impacts of increased port capacity to the San Gabriel Valley which led to an implementation plan to mitigate increased traffic. He was appointed by the COG to be a member of the Construction Authority of the JPA of the corridor cities, 2 CITY OF DIAMOND BAR CITY COUNCIL STUDY SESSION DISCUSSION OF SUBDIVISION ORDINANCE , GOALS FOR 1999-2000 JANUARY 5, 1999 CITY COUNCIL CALL TO ORDER: Acting Mayor O'Connor called the meeting to order at 4:50 p.m. in South Coast Air Quality Management District Room CC -8, 21865 E. Copley Drive, Diamond Bar, California. ROLL CALL: Council Members Ansari, Herrera, Huff, and Acting Mayor O'Connor. Mayor Chang was excused. Also present were: Terrence L. Belanger, City Manager; Michael Jenkins, City Attorney; James DeStefano, Deputy City Manager; David Liu, Deputy Public Works Director; Bob Rose, Community Services Director; Mike Nelson, Communications & Marketing Director, Linda Magnuson, Assistant Finance Manager; Kellee Fritzal, Assistant to the City Manager; Anne Haraksin, Administrative Assistant and Lynda Burgess, City Clerk. 3. DISCUSSION OF SUBDIVISION ORDINANCE: (NOTE: DUE TO TECHNICAL DIFFICULTIES WITH THE RECORDING SYSTEM, PREVIOUS DISCUSSION IS UNAVAILABLE.) Bruce Jacobson continued responding to questions regarding the Subdivision Code elicited in the memorandum dated December 10. He stated that, with respect to Item 9 on Page III -14, staff and engineering feel that a 50 -year standard rather than a 100 year standard for flood frequency is most appropriate. On Page III -14, Item 3. a. speaks appropriately to a 100 -year flood high water mark, a different measure standard than the 50 -year flood channel. Under Item 3.c., the words "for any conduit exceeding 30 inches," the paragraph has been rewritten to better explain its content. He asked if it would help to have "drainage" precede "conduit." Regarding Item 13, he referred to Page 111-17 and stated that the term "exaction" has been defined and added to the Definitions Section on Page IV -5. He explained the application of "exactions." With respect to Item 18, the last comment on Page III -31 under "Survey, Procedure and Practice", Section 21.36.020, Item c., he requested that the title "Geodetic Monument" be changed to "System of Coordinates. He explained that geodetic is a method of survey primarily dictated through the State Business and Professionals Code which relies on the Surveyor's Act that speaks to the method of doing surveys. He further stated that the typographical errors have been corrected and the sections have been appropriately renumbered. AM/O'Connor asked why the document indicates that under Tentative Map Time Extensions under Council/Council instead of Decision on Page 1-6, Table 1-1, Authority. DCM/DeStefano responded that, under Certificates of Compliance, it states that the Director would recommend a Hearing Officer decision, which should be corrected JANUARY 5, 1999 PAGE 2 COUNCIL STUDY SESSION to indicate "Director decision," which is consistent with Article II, Page 32. Likewise, with Conditional Certificate of Compliance, the document should state "Director decision." Therefore, the column entitled "Hearing Officer" contained within the table can be removed. Tentative Map Time Extensions should more accurately state "Commission recommend Council decision." AM/O'Connor stated that she would discuss other typographical errors with DCM/DeStefano. In response to AM/O'Connor, Mr. Jacobson explained that Item e.2. on Page II -14 should be changed to indicate 66498.1 to coincide with Item e.1. AM/O'Connor asked for an explanation of the D.B. Development Improvement Standards, Requirements and Guidelines (Page III -3). DCM/DeStefano responded that these standards, requirements and guidelines are those utilized for street improvement, sewer, storm drain facilities, etc. Currently, the City utilizes a booklet provided by the American Public Works Assn. as its guide. Different parts of the City have different standards. For instance, Gateway Corporate Center has a slightly different standard for development. DCM/DeStefano concurred with AM/O'Connor that on Page III -19 and 20, "Master Plan of Parks" should be changed to "Parks Master Plan." CSD/Rose recommended that the complete title "Citywide Comprehensive Parks Master Plan" be inserted. DCM/DeStefano concurred with AM/O'Connor that items regarding the Parks Master Plan such as bikeways and trails should be changed to indicate "Citywide Comprehensive Parks Master Plan" on Page III -23. CM/Belanger responded to AM/O'Connor that staff will provide an amended document for the Second Reading. Mr. Jacobson explained that there are no substantive differences between the proposed Subdivision Code and the Subdivision Map Act that the City currently operates under. 4. GOALS FOR 1999-2000: CM/Belanger submitted information regarding the Council's current listing of Goals and Objectives and recommended that the Council begin deliberation regarding proposed 1999-2000 Goals and Objectives. He asked Council to complete the form indicating the items they wish to have placed on the list and that each item be ranked in terms of priorities. JANUARY 5, 1999 5. PAGE 3 COUNCIL STUDY SESSION C/Huff responded to AM/O'Connor that he would prefer to list the items for future discussion. He asked for an update regarding the status of items contained within the 1998-1999 Goals and Objectives listing. He said he would also like the list to be quantifiable. C/Herrera stated she would like to include a discussion regarding switching from a fiscal year to a calendar year for the City's business. CM/Belanger explained that historically, fiscal years were set as a function of the election of City Public Officials. Fiscal year served cities well until the laws were changed. Under State law, cities are required to file financial documents that presume a fiscal year of June 30. Jeff Koontz, Executive Director, D.B. Chamber of Commerce, explained why he prefers to operate with a fiscal year as well as, an operational year (calendar year) for planning and budgeting. C/Herrera asked how Council would resolve the matter of evaluating the City Manager based on one-half of one year and one-half of another year. CM/Belanger indicated that staff can assist Council by providing time lines and tracking. AM/O'Connor asked Council to present their list to staff by Monday or Tuesday in order that a matrix can be compiled for discussion at the January 19, 1999 study session. CM/Belanger asked that Council turn in their proposed list to staff by Monday, January11. Staff will provide an update with respect to the 1998-1999 Goals and Objectives. ADJOURNMENT: There being no further business to conduct, Acting Mayor O'Connor adjourned the Study Session at 6:09 p.m. ATTEST: Acting Mayor LYNDA BURGESS, City Clerk MINUTES OF THE CITY COUNCIL 1474 REGULAR MEETING OF THE CITY OF DIAMOND BAR JANUARY 5, 1999 CLOSED SESSION: 4:00 p.m., AQMD Room CC -8 Continuation of City Manager Evaluation (G.C. 54957 - Public Employee Performance Evaluation) STUDY SESSION: 4:50 p.m., AQMD Room CC -8 a) Discussion of Subdivision Ordinance b) Goals for 1999-2000 2. CALL TO ORDER: Acting Mayor O'Connor called the meeting to order at 6:40 p.m. in the Auditorium of the South Coast Air Quality Management District, 21865 E. Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Council Member Ansari. INVOCATION: Monsignor Loughnane, St. Denis Catholic Church. ROLL CALL: Council Members Ansari, Herrera, Huff, Acting Mayor O'Connor. Mayor Chang was excused. Also present were: Terrence L. Belanger, City Manager; Michael Jenkins, City Attorney; James DeStefano, Deputy City Manager; David Liu, Deputy Public Works Director; Bob Rose, Community Services Director; Mike Nelson, Communications & Marketing Director; Linda Magnuson, Assistant Finance Manager and Lynda Burgess, City Clerk. APPROVAL OF AGENDA: Council concurred to continue Item No. 8.2 (Inland Valley Humane Society Contract) to January 19, 1999. 3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 3.1 Presented Certificates of Recognition to D.B. High School Football Team members for winning the CIF Division II Football 1998 Championship. 3.2 Received presentation of two cellular telephones from Airtouch Cellular on behalf of the Community Volunteer Patrol. 3.3 Captain Richard Martinez, Walnut Sheriff Station, presented Certificates of Participation AM/O'Connor, C/Huff and CM/Belanger for their participation in the L.A. County Sheriff/City Council Sheriffs Academy. 4. PUBLIC COMMENTS: Jerry Hamilton promoted senior citizen programs sponsored by the City including the bowling program held at Oak Tree Lanes. The Fall League begins on January 26. Jim Maiers, Vista Buena Dr., presented a letter regarding what he felt was the JANUARY 5, 1999 PAGE 2 CITY COUNCIL illegal towing of his son's vehicle. Dr. Lawrence Rhodes complained about the way he was treated on December 10 by the Walnut Sheriff Officers during a confrontation with animal control officers. He reported that his three dogs were picked up and held by the Humane Society during which time one of his dogs died. He said he feared for his life. Jeff Koontz, D.B. Chamber of Commerce Executive Director, announced Chamber events scheduled through April, 1999. 5. SCHEDULE OF FUTURE EVENTS: 5.1 HOLIDAY TREE RECYCLING - January 4-16,1999 - Recycling of holiday trees through your disposal company. 5.2 FIELD TRIP - Community Center/Civic Center Task Force - January 9, 1999 - 7:30 a.m. - 6:00 p.m. 5.3 PLANNING COMMISSION - January 12, 199 7:00 p.m., SCAQMD Auditorium, 21865 E. Copley Drive. 5.4 TRAFFIC & TRANSPORTATION COMMISSION - January 14, 1999 - 7:00 p.m., SCAQMD Hearing Board Room, 21865 E. Copley Drive. 5.5 CITY COUNCIL MEETING - January 19, 1999 - 6:30 p.m., SCAQMD Auditorium, 21865 E. Copley Drive. 5.6 COMMUNITY CENTER/CIVIC CENTER TASK FORCE - January 20,11999 6:30 0,19996:30 p.m., SCAQMD Room CC -2, 21865 E. Copley Drive. 6. CONSENT CALENDAR: C/Huff moved, C/Ansari seconded, to approve the Consent Calendar with the exception of Items No. 6.6 and 6.7. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Herrera, Huff, AM/O'Connor NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - M/Chang 6.1 APPROVED MINUTES - Study Session of November 17, 1998 - As submitted. 6.2 RECEIVED & FILED PLANNING COMMISSION MINUTES: 6.2.1 Regular Meeting of October 27, 1998. 6.2.2 Regular Meeting of November 10, 1998. 6.3 RECEIVED & FILED PARKS & RECREATION COMMISSION MINUTES - Regular Meeting of November 19, 1998. 6.4 APPROVED VOUCHER REGISTER - dated January 5, 1999 in the amount of $944,968.41. JANUARY 5, 1999 PAGE 3 CITY COUNCIL 6.5 RECEIVED & FILED TREASURER'S REPORT - for November, 1998. MATTERS WITHDRAWN FROM CONSENT CALENDAR: 6.6 AUTHORIZATION TO THE CITY MANAGER TO PURCHASE A 1999 DODGE CARAVAN - Three vendors listed on the Statewide Purchasing Vendor List provided price quotes for a 1999 Dodge Caravan. Pursuant to the City's Purchasing Ordinance, Council must grant approval for the City Manager to sign the necessary purchasing documents because cost exceeds $10,000. With Council approval, staff intends to purchase a mini- van from Lasher GMC/Dodge in the amount of $21,088.18. Staff recommends consideration of the purchase of a Dodge Grand Caravan in an amount not to exceed $25,000. C/Huff explained that the Grand Caravan is more appropriate than a regular sized Caravan for transporting adults. C/Huff moved, C/Herrera seconded, to authorize the City Manager to purchase a Dodge Grand Caravan in an amount not to exceed $25,000. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Herrera, Huff, AM/O'Connor NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - M/Chang 6.7 AWARD OF CONTRACT TO BIEBER LIGHTING CORPORATION FOR REPLACEMENT OF TENNIS/BASKETBALL COURT LIGHTING FIXTURES AT RONALD REAGAN PARK - There are 22 lighting fixtures mounted on 14 poles at Ronald Reagan Park for lighting of three tennis courts and one basketball court. In order to re-establish the lighting levels necessary for safe night-time play and reduce the glare experienced by residents who live adjacent to the park, it is necessary to replace the existing fixtures. In order to obtain a qualified contractor to provide this maintenance work, staff released a Request for Proposals. There was one response to the RFP, which was from Bieber Lighting. After checking references, staff is recommending an award of contract to Bieber Lighting. Bieber Lighting supplied 90 references that represents lighting work on over 700 tennis courts nationwide. Comments received from references indicate that Bieber Lighting does excellent work and that they are experts at controlling light glare. Following discussion, C/Ansari moved, C/Herrera seconded, to award a contract to Bieber Lighting Corporation for replacement of tennis/basketball court lighting fixtures at Ronald Reagan Park in the amount of $16,556 and appropriated $1,556 from General Fund reserves to fully fund the cost. Motion carried by the following Roll Call vote: JANUARY 5, 1999 PAGE 4 CITY COUNCIL AYES: COUNCIL MEMBERS - Ansari, Herrera, Huff, AM/O'Connor NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - M/Chang 7. PUBLIC HEARINGS: 7.1 CONTINUED PUBLIC HEARING - REVIEW OF DRAFT SUBDIVISION ORDINANCE NO. 01(1999): AN ORDINANCE OF THE CITY OF DIAMOND BAR ADOPTING A SUBDIVISION ORDINANCE AND AMENDING THE DIAMOND BAR MUNICIPAL CODE - subdivision of land for the purpose of sale, lease or finance is governed by the Calif. Subdivision Map Act. Upon incorporation, the City adopted the L.A. County Subdivision Code to guide citizens, developers and decision makers through the process of land subdivision. A Draft Subdivision Ordinance has been prepared specifically tailored for the City. The Planning Commission reviewed the Ordinance and recommended adoption by Council. The Ordinance was presented at a Council Public Hearing on December 1, 1998. The Hearing was continued to December 15, 1998. On December 15, 1998, Council continued the Hearing to January 5, 1999 and scheduled a study session for January 5, 1999 at 5:00 p.m. Bruce Jacobson, consultant, explained the process for adoption of the proposed ordinance. DCM/DeStefano presented eight proposed amendments to the Draft Ordinance: 1) On Page 1-6, Table 1-1, change Certificates of Compliance and Conditional Certificate of Compliance to be decided upon by the "Director" as opposed to "Hearing Officer," and amend "Tentative Map Time Extension" to indicate that the Planning Commission recommends to the City Council for final decision-making authority. 2) On Page 1-9, Subdivision Map Approval Requirements Process, Section 21.03.020, amend the first sentence as follows: Strike the word generally and add to the end of the sentence "...except as otherwise provided in this chapter." 3) On Page II -14, Subsection e.2. has a California State Map Act section that should be re-identified as 66498.1 instead of 66474.2. 4) On Page III -5, Section 21.30.030, relocate Subsection b. as Section g, on Page III -8 and renumber the remaining subsections. 5) On Page III -15, Section 21.30.160, subsection 3.b., add the word drainaae to the discussion regarding width of easements so that JANUARY 5, 1999 PAGE 5 CITY COUNCIL subsection 3.b. reads as follows: "Constructed Channels. The minimum width of any drainage easement for a closed drainage conduit system shall be 10 feet and the minimum width for any open system shall be 20 feet." 6) On Page III -19, Section E.1.a. and 20, Section 4 A. and 6 E., the reference to Master Plan of Parks shall be changed to the "The Citywide Comprehensive Parks Master Pian". 7) On Page 111-23, discussion regarding right of way designations at the top of the page referring to the Parks and Recreation or Bikeways Master Plans shall be changed to refer to "The Citywide Comprehensive Parks Master Plan". 8) On Page III -31, Section 21.36.020, Subsection C. entitled "Geodetic Monuments" should be re-identified as "System of Coordinates." AM/O'Connor reopened the Public Hearing. There being no testimony offered, AM/O'Connor closed the Public Hearing. C/Herrera moved, C/Ansari seconded, to approve first reading by title only and waive full reading of Ordinance No. 01(1999). Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Herrera, Huff, AWO'Connor NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - M/Chang 8. OLD BUSINESS: 8.1 (A) ORDINANCE NO. 0X(1999): AN ORDINANCE OF THE CITY OF DIAMOND BAR ESTABLISHING A PERMIT SYSTEM FOR THE PARKING OF UNATTACHED TRAILERS AND SEMITRAILERS AND AMENDING SECTION 10.16.190 OF THE DIAMOND BAR MUNICIPAL CODE - The final report and recommendations of the Off -Site Parking Task Force were forwarded to Council for review and discussion. The Ordinance relates to the Task Force's motion #5 to "Consider dispensation/Permit Program for Parking Unattached Trailers and Boats on City Streets for a Period of Twenty -Four Hours." After review of Motion #5 at the Study Session on September 1, 1998 and at the Town Hall Meeting on November 7, 1998, staff recommends that Council consider this Ordinance to amend Section 10.16.190 of the D.B. Municipal Code and to administer 24 -Hour Parking Permits for parking of unattached trailers and semitrailers. Roger Myer asked if the permit applies only to overnight parking. JANUARY 5, 1999 PAGE 6 CITY COUNCIL CM/Belanger stated that the proposed permit allows for parking of unattached trailers and semitrailers for a period of 24 hours. Estella Olin asked whether this type of permit would allow the owner to leave the item parked for more than a 24-hour period. She asked if the items could be used to accommodate overnight guests. CM/Belanger stated that the permit is designed only for 24-hour periods. The primary purpose is to allow people who own a boat or trailer an opportunity to clean or provision the item. It is not presumed that this permit would be available for longer periods of time. The use of trailers for purposes of habitation is prohibited on City streets. Following discussion, C/Huff moved, C/Herrera seconded, to waive full reading and approve first reading of Ordinance No. 2(1999) establishing a permit system for parking of unattached trailers and semitrailers and amending Section 10.16.190 of the Municipal Code. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Herrera, Huff, AM/O'Connor NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - M/Chang (B) ORDINANCE NO. OX(1999): AN ORDINANCE OF THE CITY OF DIAMOND BAR CREATING PREFERENTIAL PARKING DISTRICT NUMBERS ONE AND TWO AND AMENDING THE MUNICIPAL CODE IN ACCORDANCE THEREWITH - Division 6 of Chapter 10.16 of the D.B. Municipal code authorizes Council to create preferential parking districts, wherein vehicles displaying a valid permit shall be exempt from parking restrictions. A shortage of on -street parking exists on certain streets within the City and parking restrictions have been imposed to facilitate short-term parking and the efficient use of street parking spaces. Creation of preferential parking districts is recommended in order to meet the needs of residents living where parking is restricted. Armando Zamacona, 20940 Pasco Ct., favored the ordinance because a business located in the area uses the street as a parking lot. The vehicles parked at the intersection of Pasco Ct. and Fallowfield Dr. present a site hazard to residents departing Pasco Ct. He was opposed to residents being asked to pay a fee for a parking permit. If the business is allowed to purchase permits for their employees, what purpose would this permit process serve. John Sebenius, 2602 Rising Star Dr., expressed concern about establishing parking districts and asked if, as a result, the City has a right to restrict parking and establish parking fees. He suggested that the City install JANUARY 5, 1999 PAGE 7 CITY COUNCIL vending machines which will allow citizens to purchase permits at any time Roger Myer, 2634 Crooked Creek Dr., did not understand why his street is included in Zone 1. He said that for the more than 20 years he has lived in his home, he has never experienced a parking problem. The problem on Crooked Creek Dr. stems from parents dropping off and picking up students at the end of his street. He believed the problem could be alleviated by establishment of a "no drop off or pickup zone." He did not believe it is right for the City to force citizens to pay to have the same rights that they have enjoyed for many years and felt that the City should name only the streets that have problems and issue permits without charge. Eileen Lazarre, 21358 Broken Arrow Dr., believed the residents are sufficiently restricted at this point in history. Her street is very small and on - street parking is rare. There are currently one-hour parking restrictions on both sides of the street, which has deterred high school students from parking on the street. She felt that the high school should provide parking spaces for students. She stated that the problem is that the school buses park on her street daily and during evening games. The buses are left running and emit foul fumes which are disruptive to her and her neighbors. She has asked Walnut School District for their cooperation to no avail. Janice Roller, 789 Windwood Dr., said that although she does not live within either zone, she has visited Mrs. Lazarre at times during the past eight years and must move her vehicle during those visits to comply with the one-hour restriction. She lived in the City of Walnut for a time and found it very easy to obtain a permit for visitors at no charge through the Walnut Sheriffs Station. She suggested D.B. consider a similar remedy because she believed that taxes paid by residents are sufficient to provide this service. If parking regulations are not currently being enforced, would the parking permit revenue go to other areas of the City that are not sufficiently funded. Perhaps the City should target the students of D.B.H.S. who drive rather than the residents because the restrictions are in the proximity of the school. Martha Bruske felt that residents should not be required to have parking permits to park in front of their homes. If this is a problem with the high school, the school district should take responsibility for fixing the problem. She asked if the permit policy would continue indefinitely and how it would be enforced. She did not believe the Off -Site Parking Task Force, of which she was a member, made this recommendation to Council. However, the Task Force felt that lack of enforcement is a major problem in the City and further data should be collected before a decision regarding on -street parking put into effect. Marla Perez, First Mortgage Corp., stated that her company has requested that the two-hour parking limitation signs be removed in front of their building JANUARY 5, 1999 PAGE 8 CITY COUNCIL on Fallowfield Dr. She indicated that First Mortgage received a letter from Chairman Knabe, L.A. Board of Supervisors, stating that he would support a recommendation for removal of the signs which would open up approximately 50 parking spaces for employees. She further stated her company is concerned that if the signs are removed, the parking spaces will be taken up by people who carpool. She asked Council for their assistance in resolving the on -street parking problem. Ernie Rodriguez, 20920 Pasco Ct., felt that there was a problem with First Mortgage Corp. employee parking and enforcement of the on -street parking on Fallowfield Dr. and Pasco Ct. He believed that allowing preferred parking will create another agenda. Temporary parking permits would allow anyone to park on Fallowfield Dr. He also believed that the Sheriff Department has better things to do than enforce parking. He asked Council not to install vending machines because they would allow anyone to obtain a permit which might invite crime into his neighborhood. Walter Binney, 2163.8 Birch Hill Dr., said he has a business in his home and that, from time to time, people park in front of his house. He would not want to be bothered to obtain a permit for this temporary situation. He suggested that the City allow one student to park in front of each house on his street, which would provide plenty of parking opportunities. Kathy Bandick, Fallowfield Dr., stated that although there is no parking permitted on Fallowfield Dr. between 6:00 a.m. and 8:00 a.m., there is no enforcement unless a resident calls the Sheriffs Department. She asked if the City will allow First Mortgage Corp. to purchase permits to allow their employees to park on the street. Debby Zamacona said her understanding of this ordinance is that it is being instituted due to the fact that there is excessive parking on the streets by non-residents. She believed that residents are being penalized because First Mortgage Corp. may be allowed to purchase permits to allow their employees to park on the street. She felt that a no fee permit issued to the residents would work well for D.B. and be a friendlier solution for the residents. Christine Walters, First Mortgage Corp., said she counsels new employees that they may not park in front of neighboring residences. There are no residences in front of First Mortgage and the company should be allowed to obtain parking permits for employees to park in this location. Carpoolers take up the spaces immediately in front of First Mortgage that do not have a two-hour restriction, which forces employees to park across the street and into the neighborhood. She explained that First Mortgage is sympathetic to the concerns of the neighborhood and are trying to work with the residents to resolve the issue. JANUARY 5, 1999 PAGE 9 CITY COUNCIL In response to C/Huff, Ms. Walters explained that First Mortgage needs approximately 30 on -street parking spots. If the County spaces on the southerly side of Brea Canyon Cut-off could be reserved for employees, it would help to resolve the situation. If carpoolers were prevented from parking directly in front of First Mortgage, employees could use those 10 spaces as well. Currently, there is no signage to prevent carpool parking. In response to C/Ansari, Ms. Walters indicated that it is rare for clients to visit First Mortgage except on the 1 st and 16th of the month and the visits rarely exceed 5 minutes. Visitor spaces within the parking lot are reserved for these visits. Eileen Lazarre said that when a vehicle is parked in front of her mail box, the mail carrier will not deliver the mail. Debby Zamacona stated that the parking spaces on the County side of Fallowfield Dr. back up to her home and on several occasions, trash has been left on the slopes. C/Ansari asked that Mrs. Woodsman's letter be placed into the record. C/Huff indicated that he would like the City to work with the County to establish a permit system which will allow employees of First Mortgage to park on Fallowfield Dr. in front of its business. He would not favor any type of permit that would allow employees to park in front of residences. He suggested to First Mortgage that, as a good will gesture, they instruct their cleaning people to clean the slopes. In response to C/Huff, CM/Belanger stated that this ordinance is proposed as a result of Motion #5 (restricted parking) recommended by the Off -Site Parking Task Force. The primary concern put forth by the Task Force was for boats and trailers. As a result of discussions regarding creation of a system to allow residents who live in restricted parking areas an opportunity to obtain permits to allow them to park on the street at any time, this recommendation was created. CA/Jenkins explained that the Vehicle Code refers to "districts" as a defined area of streets upon which this privilege is conferred upon residents. Proposition 218 does not allow for assessments to be imposed without a majority vote of the properties being assessed. The only fee that may be imposed is for the issuance of a permit to allow a resident or the resident's guest the privilege of parking on the street, not withstanding the restrictions. That fee is limited by law to the cost to the City of processing the permit. C/Herrera explained that Council is responding to residents around D.B.H.S. who have complained that they and their guests are unable to park in front JANUARY 5, 1999 PAGE 10 CITY COUNCIL of their residences. She further explained how the school is beyond its capacity, which creates problems that flow beyond the school boundaries and affects City streets. In response to C/Herrera, CM/Belanger explained that residents are not obligated to acquire a permit. This is an elective process. C/Herrera stated that businesses and their employees as well as carpoolers would not be eligible to acquire permits to park in front of residences. AWO'Connor asked if staff has anticipated recommending installation of red curbing at the intersection of Pasco Ct. and Fallowfield Dr. in response to safety concerns. In response to AM/O'Connor, DDPW/Liu stated that staff was not previously advised of any site safety concerns at the intersection of Pasco Ct. and Fallowfield Dr. However, staff considered the intersection of Brea Canyon cutoff and Fallowfield Dr. where a limited amount of red curb has been installed on the business side of the intersection. AM/O'Connor asked staff to look at the site distance issues involving Pasco Ct. and Fallowfield Dr. She also asked staff to discuss with the Walnut School District the matter of school buses parking away from residential streets while waiting for students. CM/Belanger indicated that if the school district is unable to determine an alternative to parking on residential streets, the City may choose to limit the weight of vehicles on the street. AM/O'Connor agreed with C/Huff that the City should work with Chairman Knabe to resolve the Corporate Terrace Drive parking concern. CM/Belanger again read the proposed ordinance for the benefit of concerned citizens and stated that staff is currently investigating the feasibility of electronic systems for facilitating permit issuance. Following discussion, C/Herrera moved, C/Ansari seconded, to waive full reading and approve first reading of Ordinance No. 03(1999) creating Preferential Parking District Numbers One and Two and amending the Municipal Code in accordance therewith. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Herrera, Huff, AM/O'Connor NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - M/Chang JANUARY 5, 1999 PAGE 11 CITY COUNCIL CA/Jenkins stated that DDPW/Liu pointed out that the enabling ordinance that has been contained within the code for some time contemplates the creation of districts. Therefore, it will be necessary for staff to provide another ordinance indicating a global change for the reference from districts to areas. 8.2 APPROVAL OF ANIMAL CONTROL CONTRACT WITH INLAND VALLEY HUMANE SOCIETY FROM JANUARY 1, 1999 THROUGH JUNE 30, 2000 - The City contracts with the Inland Valley Humane Society to provide animal control services. Council reviewed an amendment to the contract on December 15, 1998 and directed staff to develop an Agreement with further information. A proposed agreement for 18 months has been prepared with an increased contract amount in monthly billings by $402.75/month. The increase provides for full-time health care staff consisting of a licensed veterinarian and registered veterinarian technician and provides for 1.2% cost of living increase for all staff for the 1997-98 year. The termination clause remains as a required 90 -day notice prior to conclusion of the contract. The Inland Valley Humane Society is a non-profit organization which develops its annual budget based upon the prior year's service level to the nine agencies that contract for service. Therefore, the Inland Valley Humane Society Board of Directors will not alter termination procedures in the City's Agreement - Continued to January 19, 1999. 9. NEW BUSINESS: 9.1 AWARD OF CONTRACTS TO LPA AND THE ROTH GROUP FOR THE NEEDS ASSESSMENT, SPACE ALLOCATION ANALYSIS, CONCEPTUAL DESIGN AND PUBLIC INPUT PROCESS FOR THE PROPOSED CIVIC CENTER COMPLEX - Council has established a task force to consider development of a Civic Center complex that may include but is not limited to, a City Hall building, community center and public library. The Task Force has been assigned the tasks of performing a needs assessment and space allocation analysis to determine which facilities should be a part of the proposed Civic Center complex. After the needs assessment and space allocation analysis are completed, the Task Force will then consider potential sites. The Task Force will conclude its work by submitting a final report, which will include recommendations, conceptual drawings and a conceptual massing model. A consultant team is necessary to assist the Task Force with this scope of work and to facilitate the public input process. Scope of work for the consultant team will include eight task force meetings, two open community meetings, needs assessment, space allocation analysis, evaluation of potential sites, determination of facilities and square footage of building proposed to be included in the complex, development of a building massing model, development of construction cost estimates and a final report to Council with the recommendations of the Task Force. Staff interviewed 6 consultant firms that responded to the RFP for this project. JANUARY 5, 1999 PAGE 12 CITY COUNCIL Martha Bruske expressed concern that the matter had progressed to this point. Following discussion, AM/O'Connor moved, C/Huff seconded, to award contracts to LPA in the amount of $46,990 and to the Roth Group in the amount of $41,357 for a needs assessment, space allocation analysis, conceptual design and public input process for the proposed Civic Center complex. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Herrera, Huff, AM/O'Connor NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - M/Chang 9.2 CONSIDERATION OF ESTABLISHMENT OF A 501(c)(3) NON-PROFIT FOUNDATION TO RAISE FUNDS FOR PARK PROJECTS AND RECREATIONAL NEEDS - The Parks Master Plan recommended establishment of a 501(c)(3) non-profit foundation as a method to solicit funding for park capital improvement projects. The Parks & Recreation Commission discussed the issue at their August 27 and September 24, 1998 meetings and agreed to recommend establishment of a non-profit foundation to Council. Martha Bruske did not understand why the Council is considering a non- profit foundation. She believed that the City has enough money for parks. She recommended that a needs assessment be conducted regarding implementation of a non-profit foundation. AM/O'Connor asked that "...for a one year term" be deleted from Page 2, Article V, Section 2. C/Huff asked that the following sentence be deleted from Page 2, Article V, Section 4: "The Parks & Recreation Commission shall present a list of recommendations to the City Council in January for consideration." Following discussion, C/Herrera moved, C/Huff seconded, to approve the By -Laws, as amended, establishing a 501(c)(3) non-profit foundation with proceeds dedicated to implementation of the Parks Master Plan and support of the cultural, recreational and human service needs of the City. Council further directed staff to forward the Articles of Incorporation and By -Laws to the City Attorney for approval as to form. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Herrera, Huff, AM/O'Connor NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - M/Chang JANUARY 5, 1999 PAGE 13 CITY COUNCIL RECESS TO REDEVELOPMENT AGENCY MEETING: AM/O'Connor recessed the City Council Meeting to the Redevelopment Agency at 10:19 p.m. RECONVENE CITY COUNCIL MEETING: AM/O'Connor reconvened the City Council meeting at 10:21 p.m. 10. COUNCIL SUB -COMMITTEE REPORTS AND COUNCIL MEMBER COMMENTS: Chuff spoke about his father's passing and thanked those who extended their condolences and attended the funeral. C/Herrera asked that citizens pray for full recovery of Mayor Chang's mother who is very ill. She requested that this meeting be adjourned in memory of Cecil Huff, father of Council Member Robert Huff. C/Ansari attended an Inland Valley Group meeting on Wednesday, December 30. She recommended that the City have a liaison with the Walnut Valley Water District and with the Three Valleys Water District. Next week, Council will attend the Contract Cities Legislation meeting in Sacramento. She extended her condolences to Council Member Huff on the loss of his father. At the request of AM/O'Connor, Deputy Perkins reported on the outcome of two safety check points recently conducted in the City. AM/O'Connor thanked the Sheriffs Department for conducting the safety check points and the citizens for the participation. On Sunday, December 20 she attended the Walnut/Diamond Bar Theater Group performance. She extended her sympathy to Council Member Huff on the loss of his father. 11. ADJOURNMENT: There being no further business to discuss, AM/O'Connor adjourned the meeting at 10:33 p.m. in memory of Cecil Huff. LYNDA BURGESS, City Clerk ATTEST: Acting Mayor CITY OF DIAMOND BAR INTEROFFICE MEMORANDUM TO: Mayor Pro Tem O'Connor and Councilmember Herrera FROM: Linda G. Magnuson, Assistant Finance Director �1 SUBJECT: Voucher Register, January 19, 1999 DATE: January 14, 1998 Attached is the Voucher Register dated January 19, 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 +he attached listing of vouchers dated January 19, 1999 have been reviewed, approved, and recommended for payment. Payments are hereby allowed from the following funds in these amounts FUND DESCRIPTION 001 GENERAL FUND 010 LIBRARY SERVICES 112 PROP A - TRANSIT FUND 11:: AIR QLTY IMPR FD (AB2766) 1'.�5 COM DEV BLI-1" GRANT FUND 1-26 CITIZENS OPT -PUBLIC SFTY 1:= LLAD # FUND 139 LLAD #39 FUND 141 LLAD #41 FUND REPORT FOR ALL FUNDS APPROVED BY Linda. G. KA n+_+son Assistant Finance Director Terrence L. Belanner City Manager PREPAID VOUCHERS TOTAL F.F.,016.27 62,832.98 1 _c:,849.25 .0o -2,31.14 2:31 .14 +ci 1'27. 50 127.50 416. ,710 416.98 .o(-' 1 , 076.25 1 , 076S. 7.0 174.96 174.96' C) C) :61.:_6 261.96 .(-)o 4 , =�5 :. 5:, 4 , 5/86.512 717 , :,7,- .27 136,395.5A Deborah H. 0-'C(annt-)r Mayor Pro Tern Carol Herrera C OUnCi I.member ,ITI OF DIAMOND BAK. RUN DATE: 01/14/1999 09:20:08 VOUCHER REGISTE'=�. PAGE: 1 DUE THRU: 01/19/1999 PREPAID -r4,IND/SECT-ACCT-PRDJECT-ACCT PO # INVOICE DESORIFTIDN AMOUNT DATE CHECK. ACCURATE LANDSCAPE 0015319-42210-- 7543/13133 DEC -ADD' MAINT PETERSN 108.00 0015316-42210-- 7543/13133 DEC-ADD'L MAINT MAPLE HL 54.00 0015325-42210-- 7543/13133 DEC -ADD'.. MAINT STARSHNE 81.00 0015328-42210-- 7543/13133 DEC-ADD'L MAINT SUMTRDGE 108.00 0015331-42210-- 7543/13133 DEC -ADD'_ MAINT SYC CYN 108.00 0015310-41200-- 8017 13140 PAPER SUPPLS-PARKS 790.00 0015322-42210-- 75,43/13133 DEC -ADD' MAINT RN REAGN 108.00 0015311-42210-- 7543/13133 DEC-ADD'L MAINT P GROW 54.00 0015314-42210-- 7543/13133 DEC-ADD`L MAINT HRTGE 54.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,465.00 TOTAL DUE VENDOR 1,465.00 AMERICOMP IMAGING SYSTEMS 0014095-42205-- 7880. 18323 TONER CARTRIDGES -PRINTERS 181.05 TOTAL PREPAIDS .00 TOTAL VOUCHERS 181.05 TOTAL DUE VENDOR 181.05 AT&T 0014090-42125-- LONG DISTANCE PHNE SVCS 178.23 0014090-42125-- LONG DISTANCE PHNE SVCS 23.11 TOTAL PREPAIDS .00 TOTAL VOUCHERS 201.34 TOTAL DUE VENDOR 201.34 L JANET BERRY �pSS 0014040-42330-- 981237 REIMS-CCLK. SMR -12/1-4 126.03 -5p TOTAL PREPAIDS .00 IuM GAG �7 TOTAL VOUCHERS 126.03 TOTAL DUE VENDOR 126.03 JANE CHIH 001-34780-- 29060 RECREATION REFUND 35.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 35.00 TOTAL DUE VENDOR 35.00 CHINESE -DAILY NEWS 0014090-42320-- 8273 ANNUAL SUBSCRIPTION 176.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 176.00 TOTAL DUE VENDOR 176.00 CITY OF DOWNEY 0015350-42325-- WKSHP-1/15-DREJEL/ROSE 24.00 01/19/1999 35242 TOTAL PREPAID 24.00 TOTAL VOUCHERS .00 - TOTAL DUE VENDOR 24.00 CAROL DENNIS 0015350-44300-- 7757 PRR9811 MINUTES-P&R MTG 12/17 180.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 180.00 TOTAL DUE VENDOR 180.00 .,iAMOND DAR BUSINESS ASSOCIATES #1' 0014090-4214- 7830 085CIT03 ,.'1 C- Y.Ar:!.N:_ iW. 17,361.30 RUN DATE: 01/14/1999 09:20:08 Yl=C ER IfEE15TE- PAGE: 2 TOTAL VOUCHERS 17,361.30 Olk: THRU; 01111/1'?a') TOTAL DUE VENDOR 17,361.30 DIAMOND -BAR CHAMBER OF COMMERCE PREPAID 0014030-42325-- -BUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DES 11F113N AMOUNT DATE CHECK CPRS GEN MTG-1122-CCNCL 45.00 TOTAL PREPAIDS 0015310-42330-- .00 AWARDS BST -1,133E 40.00 01/19/1999 35244 0015310-42330-- AWARDS 6GT-D&R COMMSNRS 200.00 01/19/1994 35244 0015553-42330-- AWARDS ECT -1 -IJ 40.00 01/19/1999 35244 0014010-42330-- 18.25 AWARDS BQT-2/20-CCNCL 120.00 01/19/1999 35244 0015210-42330-- 1255215-42120-- AWARDS E21-JESTEFANO 40.00 01/19/1999 35244 00140:30-42330-- 472758813 AWARDS BDT-:M3R 40.00 01/19/1999 35244 470214173 EXPRESS MAIL -GEN GOVT TOTAL PREPAIDS 480.00 470214173 EXPRESS MAIL -FPL 98-52 22.50 TOTAL VOUCHERS .00 EXPRESS MAIL -FPL 98-39 18.25 001-23010-- TOTAL DUE VENDOR 480.00 12.50 CREATIVE COMPUTERS 470214173 EXPRESS MAIL -FPL 98-50 36.50 001-23010-- 0014095-46235-- 221` P42408810001 ADOBE PACEMAKER -SOFTWARE 1,046.3E 472758813 0014095-46235-- 8215 P4240881000*2 ADOBE PAGEMAKER-SOFTWARE 5,584.61 EXPRESS MAIL -FPL 98-56 0014095-46235-- 8215 P42408810003 ADOBE PAGEMAKER-SOFTWARE 317.15 343.50 TOTAL PREPAIDS TOTAL PREPAIDS .(r? TOTAL VOUCHERS TOTAL VOUCHERS 6,948.12 TOTAL DUE VENDOR 1;200.50 TOTAL DUE VENDOR 6,948.12 CAROL DENNIS 0015350-44300-- 7757 PRR9811 MINUTES-P&R MTG 12/17 180.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 180.00 TOTAL DUE VENDOR 180.00 .,iAMOND DAR BUSINESS ASSOCIATES #1' 0014090-4214- 7830 085CIT03 LEASE -SUITES 100,190 17,361.30 TOTAL PREPAIDS .00 TOTAL VOUCHERS 17,361.30 TOTAL DUE VENDOR 17,361.30 DIAMOND -BAR CHAMBER OF COMMERCE 0014030-42325-- GEN MTG-1J2'/-CMGR 15.00 b 0014010-42325-- GEN MTG-1122-CCNCL 45.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 60.00 TOTAL DUE VENOM 60.00 FEDERAL EXPRESS 001-23010-- 472758813 EXPRESS MAIL -FPL 98-59 18.25 001-'r301u-- 472758813 EXPRESS MAIL -FPL 98-58 27.50 1255215-42120-- 470214173 EXPRESS MAIL -COB, 23.25 001-23010-- 472758813 EXPRESS MAIL -FPL 92-30 17.25 0014090-42120-- 470214173 EXPRESS MAIL -GEN GOVT 613.75 001-Y6U10-- 470214173 EXPRESS MAIL -FPL 98-52 22.50 001-23010-- 470214173 EXPRESS MAIL -FPL 98-39 18.25 001-23010-- 472758813 EXPRESS MAIL -FPL 98-54 12.50 001-23010-- 470214173 EXPRESS MAIL -FPL 98-50 36.50 001-23010-- 470214173 EXPRESS MAIL -FPL 96-49 29.75 -"1-23010-- 472758813 EXPRESS MAIL -FPL 98-57 25.00 1-23010-- 47275881: RUN DATE: 01/14/1999 09:20:08 VOUCHER IZEuI:TE=' PAGE. 3 �X1E: TH U; 01/1 I/1'?59 PREPAID -r,M /SECT-ACCT-PROJECT-ACCT PO # INVOICE DES ?IP17:N1 AMOUNT DATE CHECK GTE CALIFORNIA 0015331-42125-- PHONE 3v i-'=YC CYN PRY.: 61.42 0015331-42125-- PM SVCS-.;YC CYN PRY. 36.09 0015331-42125-- PHONE: SVr'S-!;Y!: CYN 57.09 0014040-42125-- PHONE SVCS-',C-K MODEM 37.40 1185098-42125-- PHONE SVCS-l;BS MODEM 85.34 0015314-42125-- PHONE SVGS-HRTG COM CTR 68.38 0014090-42125-- PHONE SVCS-11LDG & SFTY 241.20 1185098-42125-- PHONE SVCS-'.ITY ON LINE 331.64 0105355-42125-- PHONE SVCS-LIBRARY PROJ 231.14 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,149.70 TOTAL DUE VENDOR 1,149.70 HIGHPOINT 0014095-42111-- 7514 64433 PREPRESS SR'1CS-BUS CARDS 21.65 TOTAL PREPAIDS .00 TOTAL VOUCHERS 21.65 TOTAL DUE VENDOR 21.65 HOME DEPOT 0015328-42210-- 7534/3140247 MISC SUF'PLS-SUMTRDGE 86.33 0015316-42210-- 7534/3140247 MISC SUF'PLS-MAPLE HILL 15.59 TOTAL PREPAIDS .00 TOTAL VOUCHERS 101.92 TOTAL DUE VENDOR 101.92 CHI LIN HUANG 001-34760-- 21,844 RECREATION REFUND 7200 TOTAL PREPAIDS .00 TOTAL VOUCHERS 72.00 TOTAL DUE VENDOR 72.00 INDUSTRY LIFT 0015310-42130-- 8250 iL136788 FORKLFT-MAINT t PANTERA 127.50 112555_,-45527-- 8250 1L136782 FORKLFT-BUS STOP BENCHES 127.50 TOTAL PREPAIDS 00 TOTAL VOUCHERS 255.00 TOTAL DUE VENDOR 255.00 F'AULETTE INFANTE 0+11-34760-- 28972 RECREATION REFUND 72.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 7200 TOTAL DUE VENDOR 72.00 JOE A GONSALVES & SON 0014010-44000-- 7797 PROF LEGISLTVE SVCS-JAN 3,00().00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 3,000.00 TOTAL DUE VENDOR 3,000.00 CITY OF DIAMOND BAR RUN DATE: 01/14/1999 09:20:08 VOUCHER REGISTER PAGE: 4 DUE THRU: 01/19/1999 PREPAID -MIND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK LA CELLULAR 0014090-42125-- 80.85 014440-42125-- CELL SVCS-EMER PREP 84.79 014415-42125-- CELL SVCS-VLTR PATROL 71.89 1254411-42125-- CELL SVCS -SHERIFF'S 174.96 0014030-42125-- CELL SVCS-CMGR 125.4E 014010-42125-- CELL SVCS-CCNCL 53.90 TOTAL PREPAIDS .00 TOTAL VOUCHERS 591.85 TOTAL DUE VENDOR 591.85 LEAGUE OF CA CITIES 0014090-42315-- ANNUAL DUES-9`� 6,998.00 01/19/1999 35241 TOTAL PREPAIDS 8,998.00 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 8,998.00 DIANE LEE 01-34760-- 29144 RECREATION REFUND 35.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 35.00 TOTAL DUE VENDOR 35.00 LINSCOTT LAW t: GREENSPAN J551-45221-- 30% 2 TRAFFIC ANALYS-GRAND AVE 2,30.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 2,30.00 TOTAL DUE VENDOR 2,30.0 LOS ANGELES COUNTY PUBLIC WORKS 0015331-45300-- 7534 99000003135 SUMP PUMP MAINT-NOV 514.16 TOTAL PREPAIDS .00 TOTAL VOUCHERS 514.16 TOTAL DUE VENDOR 514.16 LYNDA BURGESS 0014040-42330-- REIMB-CCLK SMNR-12/1-4 91.85 TOTAL PREPAIDS .00 TOTAL VOUCHERS 91.85 TOTAL DUE VENDOR 91.85 MOBIL 015310-42310-- 7857/OPEN NOV FUEL-P&R 217.40 0015310-42310-- 7357/OPEN CORRECTION -217.40 0015310-42310-- 7857/OPEN NOV FUEL-P&R 217.44 TOTAL PREPAIDS .00 TOTAL VOUCHERS 217.44 TOTAL DUE VENDOR 217.44 'BILE MOLAR MANAGEMENT GROUP .5350-42140-- 8117 71085 LEASE-SYC CYN BLDG -JAN 460.06 TOTAL PREPAIDS .00 TOTAL VOUCHERS 460.0E TOTAL DUE VENDOR 460.06 PAGE: 5 PREPAID AMOUNT DATE CHECK, 16.00 .00 16.00 16.00 29.77 24.29 -4.52 49.54 49.54 65.00 .00 655.00 65.00 55,700.00 01/19/1999 1 55,700.00 .00 55,700.00 134.19 20.07 .00 154.26 154.26 -5.00 65.00 200.00 .00 260.00 260.00 1,086.15 .00 1,086.15 1,086.15 198.26 55.28 .00 253.54 253.54 CITr OF DIAMOND bAR RUA DATE: 01/14/1999 09:20:08 VOUCHER REGISTER DUE THRU: 011'15/19,:+9 -FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION SONIA OCAMPO 001-34730-- 49219 REFND-AARP CLASS TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR OFFICE DEPOT 0014090-41200-- 766E -OPEN SUPPLS-GEN GOVT 0014030-41200-- 7666 -OPEN SUPPLS-CMGR 0014090-41200-- 7W, -OPEN CREDIT MEMO -GEN GOVT TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR HYESUN PARK. 001-34780-- 29282 RECREATION REFUND TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR PAYROLL TRANSFER 001-10200-- PAYROLL TRANSFER -PPI TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR PENTAMATION ENTERPRISES INC 0014090-42340-- 16092 TRNO-6/10-12-BURESS 0014090-42125-- 11-120800 NOV-DATA LINE CHARGES TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR LONG PRAM 001-34720-- 49183 ADMIN FEE 001-23004-- 49183 REFND/INSURANCE-PANTERA 001-23002-- 49183 REFND/DEPST-PANTERA TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR RECOGNITION INC 0014090-41400-- 7937 981237 CITY SEAL TILE AWARDS TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR REINBERGER PRINTWERKS INC 00140'i5-42110-- 8257 9460 PRTG-ATTACHMENT SLIPS -")14090-42110-- 7499A 9482/9489 BUS CARD IMPRINTS/MASTERS TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR PAGE: 5 PREPAID AMOUNT DATE CHECK, 16.00 .00 16.00 16.00 29.77 24.29 -4.52 49.54 49.54 65.00 .00 655.00 65.00 55,700.00 01/19/1999 1 55,700.00 .00 55,700.00 134.19 20.07 .00 154.26 154.26 -5.00 65.00 200.00 .00 260.00 260.00 1,086.15 .00 1,086.15 1,086.15 198.26 55.28 .00 253.54 253.54 PAGE: 6 PREPAID AMOUNT DATE CHECK 506.80 418.11 367.43 .00 1,292.34 1,292.34 1.053.00 7,445.79 2,760.00 .00 11,258.79 11,258.79 35.63 51.36 71.28 .00 158.27 158.27 15.00 01/19/1999 35243 15.00 .00 15.00 187.00 .00 187.00 187.00 55.00 .00 55.00 55.00 66.00 .00 66.00 66.00 30.00 .00 30.00 30.00 RUN DATE: 01/14/1999 09:20:08 VOUCH==R RE3I:(EI DUE THRU' 'i i 10/ 19?9 -FUND/SECT-ACCT-PRDJECT-ACCT PO # INVOICE DEStIP1IJN HEMEDY 0015210-44000-- 8168 087037 TEMP W/E 12/13 0015210-44000-- 8168 068799 TEMFSVCS-*W-W/E 11/8 0015210-44000-- 8168 0083219 TEMP SVCS-PWI�'L W/E 12/6 TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR RICHARDS, WATSON & GERSHON 1255215-44000-- OCT-LEGA; SVCS-CDBG 0014020-440K-- OCT-GEN LEGAL SVCS 0014020-44020-- OCT-LEGAL SVCS-TRFC/PRKG TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR SAM'S MOBIL 0015310-42310-- 7856/OPEN NOV FUEL-PRK & REC 0015210-42310-- 7856/OPEN NOV FUEL-PLNG 0014090-42310-- 7856/OPEN NOV FUEL-GEN OOVT TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR 'N GABRIEL VALLEY ENGINEERS ASSC. _.15551-42:325-- GEN MTO-1/11-LIU TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR SECTRAN SECURITY 0014090-440(X)-- 7870 1096 BANK COURIER SVCS-JAN TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR SMART & FINAL 0015:150-41200-- 7522 289445 ROSE PARADE EXCURS SUPPLE TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR LINDA KAY SMITH 0015551-42340-- TUITION REIMB-FALL 98 TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR SO CA CITY CLERKS ASSN `44040-42325-- GEN MTG-1/21/99-CCLK TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR PAGE: 6 PREPAID AMOUNT DATE CHECK 506.80 418.11 367.43 .00 1,292.34 1,292.34 1.053.00 7,445.79 2,760.00 .00 11,258.79 11,258.79 35.63 51.36 71.28 .00 158.27 158.27 15.00 01/19/1999 35243 15.00 .00 15.00 187.00 .00 187.00 187.00 55.00 .00 55.00 55.00 66.00 .00 66.00 66.00 30.00 .00 30.00 30.00 RUN DATE: 01/14/1999 09.2008 'AXJCHER RED TE:' PAGE: 7 Dl#: THRU: J i l l;/ I i"9 PREPAID BUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE IiESDilF"lON AMOUNT DATE CHECK -0 CALIFORNIA BINDERY & MAILING 0014095-42121-- 7500 23574 WINTR NWSLT�-MAIL SVCS 253.99 TOTAL PREPAIJS •00 TOTAL VOUCHERS 253.99 TOTAL DUE VENDOF 253.99 SOUTHERN CALIFORNIA EDISON 0015313-4126-- FLECT SVCS-HRTG PRK 740.21 0015311-42126-- ELECT SVCS -PAUL GROW 42.69 1385538-42126-- ELECT SVCS -DIST #38 255.71 0015510-42126-- ELECT SVCS -TRAFFIC CNTRL 4,956.63 0015314-42126-- ELECT SVCS-HRTG COM CTR 1,241.40 B18558-42126-- FLECT SVCS -DIST #38 12.87 0015331-42126-- ELECT SVCS-SYC CYN 333.66 1395539-42126-- ELECT SVCS -DIST #39 261.96 0015510-4126-- ELECT SVCS -TRAFFIC SIGNL 303.36 0015328-42126-- ELECT SVCS-SUMMTRDGE 231.29 0015316-42126-- ELECT SVCS -MAPLE HILL 315.54 0015325-42126-- ELECT SVCS-STARSHINE 27.21 0015319-42126-- ELECT SVCS -PETERSON 1,730.07 0015318-42126-- ELECT SVCS-PANTERA 1,085.32 1415541-42126-- ELECT SVCS -DIST #41 271.11 0015322-42126-- ELECT SVCS-RON REAGAN 427.79 01/19/1999 TOTAL PREPAIDS •00 GONSLVS CONE-11/20-CMGR TOTAL VOUCHERS 12,236.82 35239 TOTAL. DUE VENDOR 12,236.822 UNITED PARCEL SERVICE 0014095-42121-- 963278002751 FREIGHT -RETURNED COMP ELS 85.95 TOTAL PREPAIDS .00 TOTAL VOUCHERS 35.95 TOTAL DUE VENDOR 85.95 WALNUT VALLEY WATER DI5TRRICT 00153,25-42126-- WATER SVCS-STARSHINE 615.31 iai � 15322-42126-- WATER, SVCS-RON REGAN 370.53 1415541-42126-- WATER USAGE -DIST #41 4,717.81 TOTAL PREPAIDS •00 TOTAL VOUCHERS 5,703.65 TOTAL DUE VENDOR 5,703.65 WELLS FARGO BANK 0014030-42310-- FUEL-CMGR 61.26 01/19/1999 35239 0014090-42325-- 12/8 ORAL BRD ADM-CMGR 101.30 01/19/1999 352;,'9 0014030-42325-- GEN MTGS-NOV-CMGR 201.15 01/19/1999 35239 0014030-42330-- GONSLVS CONE-11/20-CMGR 207.40 01/19/1999 35239 0014030-41200-- FLORIST/STAFF-HERRERA 51.42 01/19/1999 35237 00141330-42325-- GEN MTGS-10/6,10-OCONNOR 45.17 01/19/1999 35240. 0014030-42325-- GEN MTG-11/24-HERRERA 120.70 01/19/1999 35237 -"f,14090-42128-- FINANCE CHRG-CREDIT -18.26 01/19/1999 35240 .4030-42310-- MTG-11/12-ANSARI 29.13 01/19/19?9 35236 TOTAL PREPAIDS 799.27 TOTAL VOUCHERS •00 TOTAL DUE VENDOR 799.27 LiTT OF DIAMOND PAR RLM DATE: 01/14/1999 09:20:08 VOUCHER REGISTER: PAGE: 8 DUE TIRU; 01/19/1949 _FUND/SE1--ACCT-PROJECT-ACCT vAUL WRIGHT 0014090 -44000 -- PO # INVOICE DESCRIPTION 7584 AUDIO NIS SVCS -JAN TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR REPORT TOTAL PREPAID.S REPORT TOTAL VOUCHERS REPORT TOTAL PREPAID AMOUNT DATE CHECK 350.00 .00 350.00 350.00 66,016.27 70,379.27 136,395.54 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO.: TO: Honorable Mayor and Members of the City Council MEETING DATE: January 19, 1999 REPORT DATE: January 12, 1999 FROM: Terrence L. Belanger, City Manager TITLE: Contract Amendment for GFB-Friedrich & Associates for Engineering Services for Area 1 Slurry Seal Project. SUMMARY: The City Council awarded the Slurry Seal Area 1 Project design services contract to GFB-Friedrich & Associates, in an amount not to exceed $21,626.00. Since the award of this original contract, the City has been redivided into 5 areas in order to have a better maintained system and much less deterioration over time. This redivision of the City has enlarged the limits of Area 1. Slurry Seal Area 1 originally consisted of 2,418,000 square feet of pavement. An additional 1,392,000 square feet of pavement are (+58%) was added, for a new total pavement area of 3,810,000. (See attached map). Also, an additional 4 residential streets in the newly created Area 1 have been identified for pavement rehabilitation. These streets are: Diamond Bar Boulevard frontage road between Goldrush Drive and Kidd Drive, Cleghorn Drive between Grand Avenue and Clear Creek Drive, Golden Prados Drive between Golden Springs Drive and Bridle Drive, and Great Bend Drive between Tin Drive and Stirrup Drive. RECOMMENDATION: That the City Council approve and authorize the Mayor to execute the contract amendment with GFB-Friedrich & Associates for the Slurry Seal Area 1 Project design services, in an amount not to exceed $22,118.00. LIST OF ATTACHMENTS: X Staff Report __ Public Hearing Notification Ordinances(s) x Other: 12/8/98 Proposal and x Agreement(s) Contract Amendment SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed x Yes _ No by the City Attorney? 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? N/A _ Yes _ No 4. Has the report been reviewed by a Commission? N/A _ Yes _ No 5. Are other departments affected by the report? _ Yes x No REVIEWED BY: 1 Terrence L. Belang James DeStedager a G. Liu City Manager Deputy City Deputy Director of Public Works CITY COUNCIL REPORT AGENDA NO. MEETING DATE: January 19, 1999 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Contract Amendment for GFB-Friedrich & Associates for Engineering Services for Area 1 Slurry Seal Project. ISSUE STATEMENT Consideration of an amendment to an existing contract for professional engineering services for the Slurry Seal Program - Area 1. RECOMMENDATION That the City Council approve and authorize the Mayor to execute the contract amendment with GFB-Friedrich & Associates for the Slurry Seal Area 1 Project design services, in an amount not to exceed $22,118.00. FINANCIAL SUMMARY For FY 98-99: • $340,000.00 Gas Tax Fund has been allocated for Area 1 Slurry Seal, • $50,000.00 Gas Tax Fund has been allocated for sidewalk improvements in Area 1; and • $310,000.00 Gas Tax Fund has been allocated for certain residential streets in Areal. For a total of $700,000.00 allocated budget for Area 1. BACKGROUND/DISCUSSION The City Council awarded the Slurry Seal Area 1 Project design services contract to GFB- Friedrich & Associates, in an amount not to exceed $21,626.00. Previously, the City was divided into seven areas and this project will begin the second cycle of street maintenance/slurry activities on a Citywide basis. The project originally was to complete approximately 18 miles of residential and collector streets and to remove/repair damaged A.C. pavement, curbs and gutters, and sidewalks as determined by field conditions, all within the original Area 1. Since the award of this original contract, the City has been redivided into 5 areas (from the original 7 areas) in order to have a better maintained system and much less deterioration over time. This redivision of the City has enlarged the limits of Area 1. (See attached map). Slurry Seal Area 1 originally consisted of 2,418,000 square feet of pavement. An additional 1,392,000 square feet of pavement are (+58%) was added, for a new total pavement area of 3,810,000. Also, as a result of the updated Pavement Management System with an emphasis on addressing the rehabilitation needs in residential areas, an additional 4 residential streets in the newly created Area 1 have been identified for pavement rehabilitation. These streets are: Diamond Bar Boulevard frontage road between Goldrush Drive , and Kidd Drive, Cleghorn Drive between Grand Avenue and Clear Creek Drive, Golden Prados Drive between Golden Springs Drive and Bridle Drive, and Great Bend Drive between Tin Drive and Stirrup Drive. The entire project shall be incorporated within one set of project drawings, specifications and bid document package. The addition to the original scope of work will require an additional $22,118.00, for a total project cost of $43,744.00. Anticipated timeline for the project milestones is as follows: Completion of plans, specification and bid documents February 1999 Approval of Plans and Specifications March 16, 1999 Notice to Bidders March 16, 1999 Bid Opening April 6, 1999 Award of Construction Contract April 20, 1999 Prepared By: David Liu✓Rose Manela ti EWMZy TI, *.# A 1p. " a a N ISITA I 172 �112 CITY OF DLkNI0ND BAR LOCAL _STREET MILEAGE CITY OF DIAMOND BAR PAVEMENT MANAGEMENT SYSTEM February 1998 AMENDMENT NO. 1 TO THE CITY'S CONSULTING SERVICES AGREEMENT This Agreement (Amendment No. 1) is made and entered into this 19th day of January, 1999, between the CITY OF DIAMOND BAR, a Municipal Corporation (hereinafter referred to as "CITY") and GFB-Friedrich & Associates, Inc. (hereinafter referred to as "CONSULTANT"). A. RECITALS: (i.) The CITY entered into an Agreement, with GFB-Friedrich & Associates to provide Professional Engineering Services, which the Agreement was dated February 17, 1998. (ii.) CONSULTANT submitted a proposal, a full, true and correct copy of which is attached hereto as Exhibit "D" to increase the contract amount by $22,118.00. NOW, THEREFORE, it is agreed by and between CITY and CONSULTANT: Section 1: Section 1. A. Scope of Services of the Agreement is hereby amended to read as follows: "A. Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibits `B", "C" and "D" the Consultant's Responses, dated November 12, 1997, January 19, 1998 and December 8. 1998 to the City's Request for Proposals." Section 2: Section 1. B. Level of Services/Time of Performance of the Agreement is hereby amended to read as follows: "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 Exhibits `B", "C" and "D." Section 3: Section 3 Compensation of the Agreement is hereby amended to read as follows: "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 Exhibits `B", "C" and "D." Payment will be made only after submission of proper invoices in the form specified by City. Total payment to Consultant pursuant to this Agreement shall not exceed Forty Three Thousand Seven Hundred Forty Four dollars ($41744.00). Section 4: Each party to this Amendment No. 1 acknowledges that no representation by any party which is not embodied herein nor any other agreement, statement, or promise not contained in this Amendment No. 1 shall be valid and binding. Any modification of this Amendment No. 1 shall be effective only if it is in writing signed by the parties. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 as of the day and year first set forth above: APPROVED AS TO FORM: By: City Attorney ATTEST: City Clerk DATE: CONSULTANT: GFB-FRIEDRICH & ASSOCIATES, INC. John Friedrich Principal CITY OF DIAMOND BAR Mayor CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Honorable Mayor and City Council MEETING DATE: January 19, 1999 REPORT DATE: January 4, 1999 FROM: Terrence L Belanger, City Manager TITLE: Increase of audit contract with Conrad and Associates for supplemental audit services in the amount of $2,854. SUMMARY: On December 16, 1997, City Council awarded a contract extension for auditing services through fiscal year 1999. The contract amount for the current fiscal year is $24,480. Since this is in excess of $10,000, any additional auditing services necessary must be approved by the City Council. Additional services were required related to impound fees, transit revenues, senior/community activities and recreation fees, and planning fees. RECOMMENDATION: It is recommended that the City Council ratify and approve an additional $2,854 for additional services related to impound fees, transit revenues, senior/community activities and recreation fees, and planning fees as provided by Conrad and Associates, L.L.P. LIST OF ATTACHMENTS:_ Staff Report _ Public Hearing Notification _ Resolution(s) — Bid Specification (on file in City Clerk's office) _ Ordinance(s) — Other: — Agreement(s) SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed — Yes — No by the City Attorney? 2. Does the report require a majority vote? X Yes s No 3. Has environmental impact been assessed? — Yes X No 4. Has the report been reviewed by a Commission? — Yes X No Which Commission? 5. Are other departments affected by the report? — Yes X No REVIEWED BY: 14 Terrence L. Be tker City Manager J � 1c ?.,t.iAA— Linda G. Magn son Asst. Finance Director YXSSOCIATES, L.L.P A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS Honorable Mayor and Members of the City Council City of Diamond Bar c/o Terrence L. Belanger, City Manager 21660 E. Copley Drive, Suite 100 Diamond Bar, California 91765-4177 Dear Mayor and Members of the City Council: CERTIFIED PUBLIC ACCOUNTANTS November 6, 1997 1100 MAIN STREET, SUITE C IRVINE, CALIFORNIA 92614 (714) 474-2020 Conrad & Associates, L.L.P. is desirous of an ongoing relationship in serving as independent auditors for the City of Diamond Bar. Our firm was selected as independent auditors through a competitive proposal process in 1995. During each of the past three years, we have been present at the City Council meeting where the various audit reports of the City and Redevelopment Agency have been presented. We have also provided constructive comments relating to internal control and reports on internal control and compliance with laws and regulations that could have a direct and material effect on the financial statements of the City of Diamond Bar. During fiscal years ended June 30, 1995 and 1996, the City submitted their Comprehensive Annual Financial Report to the California Society of Municipal Finance Officers (CSMFO) and to the Government Finance Officers Association (GFOA) and received the Certificate of Achievement for Excellence in Financial Reporting from GFOA and Certificate of Award for Outstanding Financial Reporting from CSMFO. Each of these awards were through the efforts of the City of Diamond Bar Finance staff and Conrad & Associates, L.L.P. audit staff. Conrad & Associates, L.L.P. has cooperatively worked with the finance staff of the City of Diamond Bar in areas of technical accounting pronouncements as well as compliance and internal control issues. All professional consultation throughout the year has been included in the fixed fee for the City's audit without additional billing to the City. The level of professional effort by our firm requires approximately 440 hours annually to perform the City of Diamond Bar and related entities audit examination. We are. proposing a two year extension to our contract for services for the years ended June 30, 1998 and 1999 as follows: MEMBERS OF AICPA AND CALIFORNIA SOCIETY OF CERTIFIED PUBLIC ACCOUNTANTS MEMBER OF AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS PRIVATE COMPANIES PRACTICE SECTION Honorable Mayor and Members of the City Council City of Diamond Bar November 6, 1997 Page Two Audit of the City of Diamond Bar, including CAFR preparation and A-133 Single Audit of grant programs Financial and Compliance Audit of the Diamond Bar Redevelopment Agency Quarterly reviews and agreed-upon procedures - purchasing system Agreed-upon procedures - Gann Limit Not to Exceed Maximum Fiscal Year Endiniz June 30 1998 1999 $18,700 19,074 1,500 1,530 3,400 3,468 400 408 $24,000 24,480 The above fee reflects no increase from your 1997 fee to the 1998 fee. The 1999 fees reflect a small 2% cost of living adjustment, and all fees include all out of pocket expenses. Should the City desire services that would be outside the scope of the audit examination, the following hourly rates would be in effect during the entire term of the extension: Classification Hourly Rate Partner $125 Manager 85 Supervisor 75 Senior Accountant 62 Staff Accountant 52 In order to provide continuity of staffing, Mr. Michael A. Harrison will serve as Engagement Partner as he has done in previous years and Ms. Robbeyn Bird will serve as Field Supervisor. We will conduct our planning and interim audit in May of each year. The final examination will continence in mid-August and a draft copy of the CAFR will be delivered by approximately October 20 of each year. All reports will be finalized for a November City Council meeting each year. The City has insurance certificates on file for our firm and all such certificates will be updated prior to the commencement of the 1998 audit examination. Honorable Mayor and Members of the City Council City of Diamond Bar November 6, 1997 Page Three We value the City of Diamond Bar as an important client of our firm and look forward to continuing our services,over the extension of our contract for 1998-1999. If the foregoing terms meet with your understanding, you may sign and return the enclosed duplicate of this letter. We will be pleased to execute a formal contract for auditing services. Very truly yours, CONRAD & ASSOCIATES, L.L.P. 1�2,-44aa Az6�� Michael A. Harrison, C.P.A. Partner MAH:dac Enclosure Accepted: CITY OF DIAMOND BAR Title: Mayor Date: December 19. 1997 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Terrence L. Belanger, City Manager MEETING DATE: January 19, 1999 REPORT DATE: January 14, 1999 FROM: James DeStefano, Deputy City Manager TITLE: Amendment No. 1 to a Professional Services Agreement with Michael Brandman Associates regarding Mitigation Monitoring Services for Tract No. 32400 (Standard Pacific). SUMUgARY: Michael Brandman Associates is currently under contract to provide environmental mitigation monitoring services to the City for the Standard Pacific (Tract 32400) 107 home project under construction adjacent to Brea Canyon Road. The project approval included conditions to mitigate the loss of the streambed and habitat area at the development site. This report requests an amendment to the existing consulting services agreement to provide a five year monitoring of the habitat mitigation project at Sycamore Canyon Park. RECOMPYIENDATION: It is recommended that the City Council approve an amendment to the agreement between the City and Michael Brandman Associates in the amount of $18,350.00. EXTERNAL DISTRIBUTION: Michael Brandman Associates 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? X 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: Community Services Department REVIEWED BY: 1 Terrence L. Belan a James DeStefano City Manager Deputy City Manager MEETING DATE: TO: FROM: SUBJECT: CITY COUNCIL REPORT AGENDANO, January 19, 1999 Honorable Mayor and Members of the City Council Terrence L. Belanger, City Manager Amendment No. 1 to a Professional Services Agreement with Michael Brandman Associates regarding Mitigation Monitoring Services for TM No. 32400 ISSUE STATEMENT: This report requests approval of an amendment to an existing consulting services agreement with Michael Brandman Associates in order to provide mitigation monitoring services for the habitat mitigation project at Sycamore Canyon Park. RECOMMENDATION: It is recommended that the City Council approve an amendment to the agreement between the City and Michael Brandman Associates in the amount of $18,350.00. FINANCIAL STATEMENT: Costs associated with processing the project are funded by developer fees paid by the project applicant to the City. The developer has deposited funds with the City for payment of costs associated with the consultant services. BACKGROUND: In March 1997 the City entered into a contract for $28,310.00 with Michael Brandman Associates (MBA) to provide mitigation monitoring services for Tract Map No. 32400 (Arciero/ Standard Pacific). The construction of the 107 home Standard Pacific project adjacent to Brea Canyon Road incorporated the removal of approximately 3 acres of streambed and riparian habitat at the base of the canyon. The approved subdivision map (TM No. 32400) and environmental impact report incorporated numerous conditions and mitigation measures to mitigate the environmental impacts associated with the development. The City directed the developer to fully mitigate the loss of the streambed, riparian habitat and woodland within the city limits. The east side of Sycamore Canyon Park offered the best opportunity for such mitigation. The streambed within Sycamore Canyon Park supports a significant riparian habitat including sycamores, arroyo willows and black willows. An undisturbed coast live oak woodland is located nearby the streambed. City Council Report January 19, 1999 page 2 The Sycamore Canyon Park mitigation plan, as approved by the California Department of Fish and Game, will establish approximately 3.9 acres of willow -mule fat scrub and oak woodland adjacent to the existing creek as compensation for the loss of habitat at the development site. Specifically, 0.45 acres of willow -mule fat scrub habitat will be created south of the creek and 3.45 acres of oak woodland will be planted on the adjacent slopes. Planting plans indicate the installation of 370 trees comprised- of california walnut, western sycamore, coast live oak, black willow and arroyo willow. Approximately 1500 shrubs will be planted which include mulefat, toyon, sugar bush, black sage and mexican elderberry. A hydroseed mix containing yarrow, aster, croton, fuchsia and black sage will be dispersed throughout the 3.9 acre area. Site preparation for the habitat expansion project has begun with the completion of minor grading, clearance of weed species, construction of terraced basins and installation of the irrigation systems. Construction activities have been monitored and inspected by Charles Abbott Associates and the City staff. The expansion of services with MBA will provide the City with a qualified biologist to monitor the health and growth performance of the vegetation over the five year establishment period. MBA will conduct site visits and document their findings. A monitoring report will be prepared following each site visit and annual reports will be prepared and provided to the City, State, and Army Corps of Engineers in compliance with the mitigation monitoring measures outlined within the environmental impact report. PREPARED BY: James DeStefano Deputy City Manager Attachments: Amendment No. 1 to the Consulting Services Agreement Exhibit "A" - Original Scope and Budget Exhibit "B" - Augmentation 7uL81iD1[SNT No. 1 To TKI COYBULTXNG 88RVICR8 AGRZZKZNT FOR RliYIR0Ii1[SN'1'AL MITIGATION XOMITORIWQ SZRVICE This Amendment No. 1 to the Agreement is made and entered into this 19th day of wary, 1999, between the CITY OF DIAMOND BAR, a Municipal Corporation (hereinafter referred to as "CITY") and num 1220CZATM (hereinafter referred to as "CONSULTANT"). A. Recitals: (i) The CITY has heretofore entered into an Agreement, with MICHMM BRXMMMN &SgW1AT=Y to provide professional consulting services for the TUS2400 Mitigation monitoring Ilan, dated March, 4, 1997 (as amended, the "Agreement"). (ii) The CONSULTANT has submitted a proposal ("PROJECT" hereinafter), a full, true and correct copy of which is attached hereto as Exhibit "B" to provide additional required service to complete the services of monitoring for an amount Not -To -Exceed cost of $18,350.00. NOW, THEREFORE, it is agreed by and between CITY and CONSULTANT: "2. Teres of Agreement. This Contract shall take effect January 19, 1999 and shall continue until full and final completion of said project described in "Agreement" and Exhibit "A" and Exhibit "B", to the satisfaction of the City, 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 "Agreement", Exhibit "A" and Exhibit "B". Payment will be made only after submission of proper monthly invoices in the fora specified by City. Total payment to CONSULTANT pursuant to this Agreement shall not exceed VmTY-SIXTHOURAM RIZ HUNDRLD RiZTY DOLLARS (846,660,001-H Each party to this Supplemental Agreement acknowledges that no representation by any party which is not embodied herein nor any other agreement, statement, or promise not contained in this Supplemental Agreement shall be valid and binding. Any modification of this Supplemental Agreement shall be effective only if it is in writing signed by the parties. Supplemental Agreement as of the day and year first set forth above: APPROVED AS TO FORM: By: City Attorney ATTEST: City Clerk DATE: C:\WP6mIlMAKAY\ACAM&991MMNIMBA.I is 2 CONSULTANT: HICBAEL BDJLNDKAN ABSOCIAT88 MICHAEL BRANDMAN ASSOCIATES Principal CITY OF DIAMOND BAR Mayor January 29, 1997 James DeStefano Director of Community Development 21660 E. Copley Drive, Suite 190 Diamond Bar, California 91765 ) V\1RON! NLN IA1. SF. V!i.;ic P!.1X\3`G NX[ JRAI RI=cC1t:ZC.'ES 1\1nNiCi.rviFK i SUBJECT: Prbposal for Mitigation Monitoring for Tract 32400 Dear Mr. DeStefano: Michael Brandmau Associates (MBA) is pleased to provide this proposal for mitigation monitoring for Tract 32400. Basket on our meeting on January 24, 1997, MBA understands that the project applicant bas retain Ultrasy�cros Environmental Incorporated (Ultrasystems) to conduct specific activities related to mitigation monitoring. MBA is proposing to provide oveasight of the completion of all mitigation measures and conditions of approval that have been approved for Tract 32400. MBA understands that the Addendum that was certified in 19% for the South Pointe Master Plan did not result in any alterations to the mitigation measures or conditions of approval for Tract 32400- ?he following is the scope of work, schedule, and fee for mitigation monitoring. SCOPE QF WORK TASK I: PROJECT MANAGEMENT!COORDINATIONIM1EE"T1NGS The MBA project IManager will provide oversigbt for the implementation. of all mitigation measures and conditions of approval and ensure that reporting and implementation (R&n forms are prepared. It is anticipated that the MBA Project Manager will require 30 hours for management and meetings with the City, Ultrasystems, construction superintendent, and equipment operators to discuss monitoring procedures, mitigation monitoring reporting, and schedules of construction activities. The MBA team who will provide oversight of construction monitoring will consist of environmental, biological, and cdltural (paleontological) monitors. The MBA monitors will attend a preconstruction meeting to oversee construction procedures as they relate to measures in the mitigation monitoring program. TASK H; REVIEW OF PROJECT PLANS AND REPORTS FOR COMPLIANCE WITH APPROVED MITIGATION MEASURES The MBA environmental, biological, and cultural (paleontological) resources monitors will provide a brief review of applicole plans and reports submitted by the applicant to the City to ensure compliance with the approved mitigation measures and related conditions of approval. MBA will complete R&I forms 310 Rc ed If.JL1�•mic, 5„ �,e 210, !!Fine. WForrtia 92(114-56,32 'i'; . ii�l . 5`i� �� '71 1 4, 'iV 5i56 1100 Ciendon Peluhosse 1S, Los 11n,cln. California 90024- i52F, 311',-445-2370 Eta 310.44) . 2 i 2 A James DeStefano January 29, 1997 Page 2 to record all reviets of the plans and reports. Any non-compliance with specific mitigation measures will be docutnemed on the RW forms. Following is a list of plans and reports that will need to be reviewed by each monitor.' virtaunm •1 Monitor It is assumed that �he environmental monitor will require 9 hours in reviewing the following plans and reports to ensure loompliance with the approved mitigation measures and applicable conditions of approval. Some o the plans and reports listed below will require review by City personnel in accordance with standard City procedures; in these cases, the environmental monitor will contact the City reviewer (I.c., City Eng' ) to ensure compliance with applicable mitigation measures. In these situations, the environmental monitor will only coordinate with City staff and may not need to review the plans and reports. • NPDES Stormwater Permits/Documentation • Grading P1anslSafety Plan (to minimize school disruptions)/Soils and Geology Re�oit/Erosion Control Plan • Building Plans • Stteet Improvement Plans • Landscape Plans • Acoustical Analysis • Sanitary Sewer Plans • $dyers Awareness Package • Ciltrans/Flood Control District Permits ces Monitor It is assumed that lthe biological monitor will spend up to 16 hours in reviewing the following plans and reports to ensure Compliance with the approved mitigation measures. • Section 404, 1600 Permits/Documentation • Buyer Awareness Package • Feral Pet Trapping Program 0 Raptor Nest Mitigation Program Jame& DeStefano January 29, 1997 Page 3 • Fire Hazard Reduction]Fuel Management Plan • Biological Resource Removal Program • Oak Tree Permit • Grading Plan (reviewing location of preserved native vegetation at grading limits) • Landscape Plan (reviewing plant palette for project common areas, buffers, irrigation, end fuel modification zones). • Water Plan for newly planted areas • Repegetation Program for Coast Live Oak Woodland and habitats created that are associated with the 404 permit and 1603 Agreetnent'(reviewing selected site locations and copditions, surface runoff management, planting densities, plant sizes, planting ratios, plAnting palettes, long-term maintenance and monitoring guidelines, and performance standards). 939MEM ERMPIAMMNliostii r It is assumed that, the cultural monitor will spend 2 hours in reviewing the following plan to ensure compliance with the approved mitigation measures. • Chading Plan TASK III: PRF�CONMUCTION MONITORING Prior to initiation of onsite clearing and grading, the MBA biological resources monitor will meet with Ultrasystems' biol�?gical monitor to spot check the completion of the following tasks. These tasks would preserve and protect appropriate resources as specified in the monitoring program. • Sot check the site to ensure that all grading limits are well defined so that construction personnel can recognize them during construction activities. • Spot check the site to ensure that trees (i.e., oaks and walnuts) that are located outside thg grading limits can be easily recognized by construction personnel during construction activities. If! grading (clearing and grubbing) activities occur on the project site after March 15, 197, MBA will spot check the site after a survey is conducted by Ultrasystems for the presence of any raptor nests. James DeSt ado January 29, 1997 Page 4 TASK IV: CONSTRUCTION MONTTORIIVG MBA will provide oversight of construction monitoring activities performed by Ultrasystems throughout an assumed 6 -month construction period (assumes 4 weeks for clearing/grubbing and 20 weeks, 5 months, for mass grading). The frequency of the spot-check monitoring Will depend on the We of construction activities and onsite locations. The biological and cultural resources monitors ace expected to conduct a majority of the spte visits to spot-check compliance with biological and cultural mitigation measures. The environmental monitor is expected to conduct fewer spot-check site visits to ensure compliance with other mitigation measures. There will be some opportunities for the biological monitor to function as the environmental monitor. following are estimates of time for each monitor to oversee construction monitoring. • Environmental Monitor - 24 hours (assumes an average of 4 hours per month during the 64ionth monitoring period) • Biological Monitor - 54 hours (assumes an average of 6 hours per week during the 4 - wick clearing/grubbing of native vegetation and an average of 3 hours per 2 -week period during the remaining 20 -week grading activities) • Cultural (paleontological) Monitor - 46 hours (assutnes an average of 4 hours per week duIing the 4 -week clearing/grubbing of native vegetation and an average of 3 hours per ea�2-week period during the remaining 20 -week grading activities) TASK V: MIDNI T03UNG REPORTS The MBA Projcpt Manager will prepare one monitoring report following completion of the clearing/grubbing hof native vegetation and one monitoring report following completion of the 20 -week mass grading of the project site. The monitoring reports will consist of R&I forms that will be completed based on discussions with Ultrasystems during spot-check site visits. If during spot-check visits, there is non-compliance with specific mitigation measures, the City of Diamond Bar .and Ultrasystems will be notified and remedial measures will be recommended when necessary. TASK VI: PbST-CONSTRUCTION MONrMMG MBA understandslthat post -construction monitoring will be required for the rcvegetation program for the coast live oak wooLd�land habitat and habitats created that are associated with the 404 permit and 1603 Agreement. The MOA biological resources monitor will conduct spot-check site visits during a 5 -year revegetation program. the revegetation program is assumed to be conducted by Ultrasystems. During post -cons coon monitoring, the MBA biological resources monitor will review the annual reports that are asumed to be prepared by Ultrasystems. The annual reports should include an evaluation of the survival rake of the revegetated area and identify the need to conduct additional plantings, if necessary. Subsequent to the review of the annual reports, MBA will submit comments to the City of Diamond Bar. James DeStefano January 29, 1997 Page 5 As an optional task i MBA would provide post -construction monitoring for offsite mitigation requirements associated with Trrct 32400. A definitive scope of work and fee estimate can be provided when requested by the City of Diamond Bar. Following is the specific scope of work for this task. • MBA will require 50 hours over a five year period to perform project management activities, and attend up to three meetings with resource agency personnel, the City of Diamond Bar, the landowner/applicant, and/or other appropriate entities. • MBA personnel will expend an additional 56 hours providing 6 spot-check site visits the firit year of monitoring and two spot-check site visits per year during the remaining 4 years of monitoring. MBA will prepare a monitoring report for each spot-check site visit to identify compliance with the revegetation program. MBA will have the authority, delegated by the City of Diamond Bar, to require any necessary corrections by the landscape contractor to ensure compliance with the revegetation program requirements and specifications. a City of Diamond Bar will be notified by telephone (followed by written memoranda if necessary) of 1pecifications. any corrective measures necessary to ensure compliance with implementation requirements and MBA will overs the progress of the onsite revegetation and mitigation sites during the first 5 years following planting to facilitate the successful establishment of native plant species and compliance with required growth=efirrst ormance standards. MBA will conduct 6 spo"beck site visits (once every two months) during year, and two (semi-annual) spot heck site visits for the following 4 years (16 site visits). For this scope o� work, we have assumed a contract period of 6 months for Tasks I through V commencing in March 1997, Task VI would be conducted over a 5 -year period following completion of Task TV in the call of 1997. PROPOSED _p E The following is tate fee schedule for the tasks described above. Task Hours Fees Task I: oject Management/Coordination/Meetings 30 $2,700 Task ll: Review Project Plans for Compliance with Approved Mitigation Measures 26 1,930 Tack III: Pio-Construction Monitoring 9 560 James DeStefano January 29, 1997 Page 6 Task IV: Construction Monitoring 124 9,460 32 2.240 Task V: Monitoring Reports Suototal Labor 220 $16,890 Reimbursable Expenses (mileage, materials) 1.500 Total Tasks IN 518,390 Task VI: Pot -Construction Monitoring (5 yrs.) 106 8,420 Reimbursable Expenses 1.500 Tqtal Task V1 $9,920 326 $28,310 We have reviewed the City's current contract provisions and find them acceptable, including the indemnification acid insurance coverage sections. We recommend that the City also consider incorporating a cost of living clause into the contract for the Task VI mitigation monitoring work, allowing the Task VI budget under this contract to be increased by 3 percent on the lst and 3rd anniversary ofw act execution. Tbank you for providing an additional opportunity for MBA to assist the City of D' nd Bar in ensuring environmental clearance associated with project development activities. If you , ave any questions, please call me. Sincerely, MICHAEL BRA$DMAN ASSOCIATES Michael E. Houlihan, AICP Senior Project M4nager Michael Brandman Associates ENVIRONMENTAL SERVICES • PLANNING • N.�TL'R.aL REsm-RCE,, \L-vr: November 9, 1998 James DeStefano Director of Community Development City of Diamond Bar 21660 East Copley Drive, Suite 190 Diamond Bar, CA 917654177 VXT1R5M' �A; SUBJECT: Augment to Provide Mitigation Monitoring for Sycamore Canyon Site Dear Mr. DeStefano: Michael Brandman Associates (MBA) is pleased to provide this augment proposal to provide mitigation monitoring for the Sycamore Canyon site. This site has been identified as the offsite habitat mitigation site for Tract 32400 to satisfy the requirements of the U.S. Army Corps of Engineers (USACE) and the California Department of Fish and Game (CDFG). The Sycamore Canyon site encompasses approximately four acres. MBA understands that the mitigation plan for this site will create 0.45 acre of riparian habitat and 3.45 acres of oak woodland. MBA is proposing to provide monitoring oversight during installation activities as well as long-term monitoring to ensure the implementation of a successful mitigation plan. The following is the scope of work, schedule, and fee for mitigation monitoring. SCOPE OF WORK TASK 1: PROJECT MANAGEMENTICOORDINATION The MBA Project Manager will coordinate all monitoring activities and ensure that the monitoring reports are prepared. It is anticipated that the MBA Project Manager will require 50 hours for management and meetings with the City and construction superintendent to discuss monitoring procedures and the monitoring reports. TASK 2: INSTALLATION MONITORING MBA will briefly review the revegetation plans and monitor the installation of the plant material throughout the installation period. MBA assumes that installation could be completed within four weeks. It is anticipated that the biological monitor will conduct 6 site visits and require 34 hours during the 4 -week monitoring period. One monitoring report will also be prepared after the completion of the installation. 15901 Red Hill Avenue, wire 200, Tustin, CA 92780-7318 i 14 . 258. 8100 FAX '14.258-8900 ,00 S. Flosser Streer, Hes,enth Floor, Los Angeles, CA 90017 213. 892 .6.323 ",chcindman,con 11VI mNC,brandman.com November 9, 1998 Mr. James DeStefano Page 2 TASK 3: POST -INSTALLATION MONITORING MBA understands that post -installation monitoring will be required for the revegetation program for the riparian and oak woodland habitats that are associated with the 404 permit and 1603 Agreement. The MBA biological resources monitor will conduct site visits during the 5 -year revegetation program. The site will be visited once every 1.5 months during the first 12 months (8 visits), and quarterly for the following 4 years (16 site visits). Monitoring will include: a. Establishing belt transects and randomly tag trees to perform quantitative surveys once a year as a means of determining average tree heights and tree trunk diameters and to more precisely determine percent coverage, species survival rates, and species composition for the planted species. b. Photographing the site's progress utilizing the photodocumentation stations. C. Performing qualitative surveys during all site visits to assess the fitness and health of the planted species, wildlife species use of the site, native species recruitment, pest problems, irrigation coverage and performance, weed establishment, plant mortality, and overall growth performance. d. Determining necessary maintenance measures such as re -planting, re -seeding, weed removal, and irrigation system adjustment to facilitate compliance with all performance goals. One monitoring report will be prepared for the revegetation site following each site visit. For those site visits occurring at the end of each year, an annual report will be prepared. The annual reports will be submitted to the City of Diamond Bar, USACE, and CDFG. SCHEDULE For this scope of work, MBA has assumed a contract period of four weeks for the installation monitoring and 5 -years for the post -installation monitoring. It is assumed that the installation monitoring will begin within one month. FEE TASK Hours Fee Task 1: Project Management/Coordination 50 4,250 Task 2: Installation Monitoring 34 2,890 Task 3: Post -Installation Monitoring 126 10,710 Total Labor WLTR/09030027.DOC 17,850 November 9, 1998 Mr. James DeStefano Page 3 . 500 Direct Costs (mileage, postage, reprographics, telephone) ]8,350 TOTAL FEES ring and report preparation activities for the Sycamore The above fees assume that the monito Canyon site will be completed in conjunction with the monitoring and report Prepazation activities y the installation associated with Tract 32400. MBA assumes that tfi first year will not be associated Junction with the monitoring and four monitoring visits during theY aration for Tract 32400 activities associated with Tract 32400 because monitoring and report prep will only be quarterly in 1999. If you have any questions, please call me. Sincerely, MICHAEL BRANDMAN ASSOCIATES Michael E. Houlihan, AICP Manager of Environmental Services WLTR109030027.DOC CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. k , �r TO: Terrence L. Belanger, City Manager MEETING DATE: January 19, 19998 REPORT DATE: January 14, 1999 FROM: James DeStefano, Deputy City Manager TITLE: Budget Adjustment for Building and Safety Services SUMMARY: Building and Safety revenues and expenditures for Fiscal Year 1998-1999 are projected to exceed budgeted estimates as a result of residential and office development activity. A budget adjustment is necessary to document the anticipated increases and compensate the Building and Safety services contractor. RECOMMENDATION: It is recommended that the City Council approve a budget adjustment increasing revenues for Building and Safety Services by $330,000.00 and expenditures by $198,000.00. EXTERNAL DISTRIBUTION: D&J Engineering SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been _ Yes No reviewed by the City Attorney? N/A _ 2. Does the report require a majority vote? 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 5. Are other departments affected by the report? X Yes _ No Report discussed with the following affected departments: _ Finance Division REVIEWED BY: Terrence L. Belang City Manager James DeStefano Deputy City Manager MEMORANDUM CITY OF DIAMOND BAR TO: Mayor and City Council Members FROM: Terrence L. Belanger, City Manager SUBJECT: FY 1998-1999 Budget Adjustment for Building and Safety Contract Services DATE: January 19, 1999 BACKGROUND: The Fiscal Year 1998-1999 City Budget estimates revenues for Building and Safety Services at $580,450.00. The revenue amount is based upon an evaluation of construction trends and an examination of recently approved projects. The Budget estimates expenditures of $348,500.00. Building and safety services are provided via contract with D&J Engineering. Building and Safety service expenditures are based upon a percentage of the building permit, plan checking and inspection revenues received by the City. The construction and sale of homes at the Standard Pacific project continue to exceed projections. The construction of multi -story office buildings by Opus (Allstate Insurance) and Tooley & Company (Travelerfs Insurance) will further increase revenues and expenditures beyond budgeted amounts. An amendment is necessary to increase the projected revenues and expenditures budgeted for FY 1998-1999 and to compensate the contractor. It is requested that FY 98-99 revenues for building and safety services be increased by $330,000.00 to $910,450.00 and that expenditures be increased by $198,000.00 to $546,500.00. RECOMMENDATION: It is recommended that the City Council approve a budget adjustment increasing revenues for Building and Safety Services by $330,000.00 and expenditures by $198,000.00. TB:JDS:dbm CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. �0 7 TO: Honorable Mayor and Members of the City Council MEETING DATE: January 19, 1999 REPORT DATE: January 14, 1999 FROM: Terrence L. Belanger, City Manager TITLE: Amendment to the Agreement for City Manager Services, which Provides for a Salary Increase SUMMARY: Based upon the recent performance evaluation of the City Manager, the Diamond Bar City Council has proposed a salary increase for the City Manager. The salary increase is for 5%, salary step increase from Step D to Step E, which is from $8,056.00 to $8,458.80 per month. The salary is effective July 1, 1998. RECOMMENDATION: It is recommended that the City Council approve an amendment to the agreement with Terrence L. Belanger for City Manager services, and the Mayor be authorized and directed to execute the amendment to the Agreement. LIST OF ATTACHMENTS: _ Staff Report _ _ Resolution(s) _ _ Ordinance(s) _ X 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 N/A _ Yes _ No reviewed by the City Attorney? 2. Does the report require a majority vote? N/A _ Yes _ No 3. Has environmental impact been assessed? N/A _ Yes _ No 4. Has the report been reviewed by a Commission? N/A _ Yes _ No Which Commission? 5. Are other departments affected by the report? _ Yes X No Report discussed with the following affected departments: REVIEWED BY: Terrence L. Belanger City Manager AMENDED AGREEMENT FOR EMPLOYMENT OF CITY MANAGER That Agreement for the Employment of the City Manager entered into on September 15, 1992 ("the Agreement" hereinafter), by and between the CITY OF DIAMOND BAR, a municipal corporation ("CITY" hereinafter) and TERRENCE L. BELANGER ("MANAGER" hereinafter) is hereby amended as of July 1, 1998, as follows: SECTION 4. SALARY is hereby amended to read, in words and figures, as follows: SECTION 4. SALARY. Commencing July 1, 1998, MANAGER shall receive a monthly salary in the amount of Eight Thousand Four Hundred Fifty Eight Dollars and Eighty Cents ($8,458.80) which is Step E of the Manager's Salary Range. 2. Other than as expressly amended herein, the Agreement, and each and every term and provision thereof, shall remain in full force and effect. WHEREFORE, the parties hereto have executed this Amended Agreement for the Employment of the City Manager as of the dates set forth below opposite the name of each party. Dated: Dated: 17-1 J CITY OF DIAMOND BAR A Municipal Corporation Un Un Wen Chang, Mayor Lynda Burgess, City Clerk TERRENCE L. BELANGER B: y. &tv � City Manager 0 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Honorable Mayor and Members of the City Council MEETING DATE: January 19, 1999 REPORT DATE: January 12, 1999 FROM: Terrence L. Belanger, City Manager TITLE: Resolution No. (1999) "A Resolution of the City Council of the City of Diamond Bar Setting Fees for Preferential Parking and Twenty -Four Hour Parking Permits." SUMMARY: The proposed Resolution establishes fees for Preferential Parking Permits and Twenty -Four Hour Parking Permits. Section 10. 16.1290 of the Diamond Bar Municipal Code authorizes the City Council to establish fees for Preferential Parking Permits, and Section 22507 of the California Vehicle Code authorizes the City Council to establish fees for Twenty -Four Hour Parking Permits. RECOMMENDATION: It is recommended that the City Council adopt Resolution No. (1999) "A Resolution of the City Council of the City of Diamond Bar Setting Fees for Preferential Parking and Twenty -Four Hour Parking Permits." LIST OF ATTACHMENTS: X Staff Report X Public Hearing Notification X Resolution(s) _ Bid Specification Ordinance(s) _ Other Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed XYes —No by the City Attorney? 2. Does the report require a majority vote? X Yes —No 3. Has environmental impact been assessed? N/A _ Yes —No 4. Has the report been reviewed by a Commission? N/A _ Yes —No 5. Are other departments affected by the report? _ Yes X No REVIEWED BY: Terrence L. Belanger James DeStefano City Manager Deputy City Manager David G. Liu Deputy Director of Public Works CITY COUNCIL REPORT AGENDA NO. MEETING DATE: January 19, 1999 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Resolution No. (1999) "A Resolution of the City Council of the City of Diamond Bar Setting Fees for Preferential Parking and Twenty -Four Hour Parking Permits." ISSUE STATEMENT: To set fees for Preferential Parking and Twenty -Four Hour Parking Permits as set forth in the attached Resolution. RECOMMENDATION: It is recommended that the City Council adopt Resolution No. _(1 999) "A Resolution of the City Council of the City of Diamond Bar Setting Fees for Preferential Parking and Twenty -Four Hour Parking Permits." FINANCIAL SUMMARY: Staff recommends that the Preferential Parking Permit and Twenty -Four Hour Parking Permit fees be the following: Annual Parking Permit/$15.00 Temporary Parking Permit/$5.00 Twenty -Four Hour Parking Permit for Unattached Boats and Trailers/$5.00 Replacement Parking Permit/$5.00 Permit Revocation Appeal/$30.00 The revenue generated from the application fees will offset the cost of administering the Parking Permit Program. The cost of administering the program includes the cost of purchasing the permits and parking signs and administrative costs (sale, distribution, recordkeeping duties). Section 10.16.1300 of the Diamond Bar Municipal Code stipulates that all fees collected shall be paid into the "treasury of the city, and deposited in the preferential parking program fund." BACKGROUND/DISCUSSION: The proposed Resolution establishes fees for Preferential Parking Permits and Twenty -Four Hour Page 2 Permit Fee Resolution January 19, 1999 Parking Permits. Section 10. 16.1290 of the Diamond Bar Municipal Code authorizes the City Council to establish fees for Preferential Parking Permits, and Section 22507 of the California Vehicle Code authorizes the City Council to establish fees for Twenty -Four Hour Parking Permits. Staff surveyed cities in order to compare the cost of Annual and Temporary Parking Permits. Staff contacted four (4) cities which have established Preferential Parking Districts, and gathered the following information: CRYL Cost of Permit Anaheim Resident/$10.00 Cerritos Guest/$10.00 Hermosa Beach Resident/$28 LaVerne Guest/$28 Orange Resident/$3.00 West Hollywood Resident/$6 (1); $15 (2) Walnut Guest/$6 (1); $15 (2) 1 Day Pass/No charge Restrictions No Expiration No Expiration Valid for 1 yr/1 sticker per registered veh. Valid for 1 yr Valid for 3 yrs./May purchase 7 permits Annual: May purchase 4 resident permits Annual: May purchase 2 guest permits May obtain up to 50 permits. The staff of Anaheim and Orange stated that their permit fee does not offset the cost of the program and recommend that Diamond Bar charge a fee higher than their cities' fee. Staff is unable to locate other cities, which make available to residents, permits for unattached boats and trailers. For comparison purposes, an Overnight Parking Permit would be the closest permit to a permit for unattached boats and trailers. Staff surveyed the following cities and the parking permit fee information is as follows: E4 Cost of Permit Brea $5 Cerritos $6 Claremont No fee LaVerne $55 (new);$25 (renew) San Dimas $24 Annual $2 per night/Temporary Walnut $52 Annual $26 Semi -Annual Temp/No fee Restrictions Purchased annually Semi-annual (6 months)/l per household Valid for up to 72 hours Purchased annually Purchased annually $2 per night up to 6 days Purchased annually Purchased semi-annually Valid for 5 days Page 3 Permit Fee Resolution January 19, 1999 Staff also surveyed cities in order to compare fees for the Permit Revocation Appeal. The cities responded as follows: Uix Cost for Permit Revocation Appeal Brea Appeal Process/$30; Temporary Permit Bond/$50 Hermosa Beach Pay amount of ticket as a bond ($20) Orange Pay amount of ticket as a bond West Hollywood Pay amount of ticket as a bond ($100) Staff recommends that Diamond Bar charge the resident the amount of $30 for the Permit Revocation Appeal. This amount will help defray the cost of the administrative hearing before the city engineer or his/her designated representative. Section 10. 16.1290 of the Diamond Bar Municipal Code states that "The fee for a preferential parking permit shall be established by order of the city council. In the absence of any such order, the fee shall be $2.00." Therefore, in the absence of a Resolution, such as the one which is recommended, the fee shall be $2.00. Staff recommends that the fees be higher in order to cover permit costs, parking sign costs, and costs associated with the administration process. Prepared by: Anne M. Haraksin RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR SETTING FEES FOR PREFERENTIAL PARKING AND TWENTY-FOUR HOUR PARKING PERMITS. WHEREAS, the City Council of the City of Diamond Bar has adopted Ordinance No. 3 creating Preferential Parking Districts in accordance with Division 6 of Chapter 10.16 of the Diamond Bar Municipal Code (the "Code") and Section 10.16.1290 of that Division authorizes the City Council to set the fees for preferential parking permits; and WHEREAS, the City Council of the City of Diamond Bar has adopted Ordinance No. 2 authorizing the availability of Twenty -Four Hour Parking Permits for unattached boats and trailers in accordance with CVC 22507 and the City Council has the authority to set the fees for such permits. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council hereby establishes the following parking permit fees: A. The fee for each Annual Parking Permit issued pursuant to Division 6 of Chapter 10.16 of the Code shall be Fifteen Dollars ($15.00). B. The fee for each Temporary Parking Permit issued pursuant to Division 6 of Chapter 10.16 of the Code shall be Five Dollars ($5.00). C. The fee for each Twenty -Four Hour Parking Permit for unattached trailers and boats issued pursuant to Division 6 of Chapter 10.16 of the Code shall be Five Dollars ($5.00). D. The fee for a Replacement Parking Permit issued pursuant to Division 6 of Chapter 10.16 of the Code shall be Five Dollars ($5.00). E. The fee for the Permit Revocation Appeal pursuant to Division 6 of Chapter 10.16 of the Code shall be Thirty Dollars ($30.00). SECTION 2. The fees set forth in Section 1 adequately reflect and do not exceed the cost of processing and issuing the respective parking permits. PASSED, ADOPTED, and APPROVED by the City Council of the City of Diamond Bar, California, this day of '1999. Mayor I, LYNDA BURGESS, City Clerk 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 , by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST 2 Lynda Burgess, City Clerk City of Diamond Bar Wen Chang Mayor Deborah H. O'Connor Mayor Pro Tem Eileen R. Ansari Council Member Carol Herrera Council Member Robert S. Huff Council Member Recvded paper 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 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN by the City of Diamond Bar that a public hearing will be held by the City Council on Tuesday, January 19, 1999 at 7:00 p.m., or as soon thereafter as the matter can be heard, in the AQMD Auditorium, 21865 E. Copley Drive, Diamond Bar, California, for the purpose of considering: A Resolution of the City Council of the City of Diamond Bar Setting Fees for Preferential Parking and Twenty -Four Hour Parking Permits. ALL INTERESTED PERSONS are invited to attend the hearing and express opinions on the matter outlined above. FURTHER INFORMATION may be obtained by calling the City Clerk's Office (909) 860-2489. DATED PUBLISH January 4, 1999 January 7, 1999 i S4l LYN A BURGESS, tity Clerk City of Diamond Bar CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. 1. L3 TO: Honorable Mayor and Members of the City Council MEETING DATE: January 19, 1999 REPORT DATE: January 12, 1999 FROM: Terrence L. Belanger, City Manager TITLE: Ordinance No. 2 (1999) An Ordinance of the City of Diamond Bar Establishing a Permit System for the Parking of Unattached Trailers and Semitrailers and Amending Section 10. 16.190 of the Diamond Bar Municipal Code." SUMMARY: The Final Report and Recommendations of the Off -Site Parking Task Force have been forwarded to the City Council for review and discussion. This Ordinance relates to the Task Force's Motion 45 to "Consider Dispensation/Permit Program for Parking Unattached Trailers and Boats on City Streets for a Period of Twenty -Four Hours. After review of Motion 45 at the City Council Work Study Session on September 1, 1998, and at the Town Hall Meeting on November 7, 1998, staff recommends that the City Council consider this Ordinance to amend Section 10.16.190 of the Diamond Bar Municipal Code and to administer Twenty -Four Hour Parking Permits for parking of unattached trailers and semitrailers. The City Council approved the first reading of the Ordinance on January 5, 1999. RECOMMENDATION: It is recommended that the City Council approve the second reading and adopt Ordinance No. -2-(1999) An Ordinance of the City of Diamond Bar Establishing a Permit System for the Parking of Unattached Trailers and Semitrailers and Amending Section 10.16.190 of the Diamond Bar Municipal Code." LIST OF ATTACHMENTS: X Staff Report _Public Hearing Notification Resolution(s) _ Bid Specification X Ordinance(s) X Other: Parkina Permit Application Agreement(s) and Guidelines EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed XYes _ No by the City Attorney? 2. Does the report require a majority vote? XYes _ No 3. Has environmental impact been assessed? N/A _ Yes —No 4. Has the report been reviewed by a Commission? N/A _ Yes _ No 5. Are other departments affected by the report? _ Yes X No REVIE BY: lit 4 4 Terrenc L. Belang James DeStefano avid G. Liu City Manager Deputy City Manager Deputy Director of Public Works MEETING DATE: FROM: CITY COUNCIL REPORT AGENDA NO. January 19, 1999 Honorable Mayor and Members of the City Council Terrence L. Belanger, City Manager SUBJECT: Ordinance No. 2 (1999) "An Ordinance of the City of Diamond Bar Establishing a Permit System for the Parking of Unattached Trailers and Semitrailers and Amending Section 10. 16.190 of the Diamond Bar Municipal Code." ISSUE STATEMENT: To meet the parking needs of the residential neighborhoods, an amendment to Section 10. 16.190 has been proposed, and a Parking Permit Program for unattached trailers and semitrailers has been developed. RECOMMENDATION: It is recommended that the City Council approve the second reading and adopt Ordinance No. 2 (99) "An Ordinance of the City of Diamond Bar Establishing a Permit System for the Parking of Unattached Trailers and Semitrailers and Amending Section 10. 16.190 of the Diamond Bar Municipal Code." FINANCIAL SUMMARY: If Section 10.16.190 of the Municipal Code is amended and the Parking Permit Program is established, it will be necessary for the City to purchase parking permits. If the City were to purchase 1000 permits, the fee would be approximately $640. The fee for the permits will approximately be the following: Permit Type of Permit Cost per 1000 24 Hour Sticker $.64 each = $640 Total $640 Page 2 Parking Permit Ordinance January 19, 1999 It is intended that the cost of implementing the Parking Permit Program (permits and administrative costs) will be offset by the revenue generated from the applicant's fee for obtaining a permit. It is suggested that the application fee be the following: Twenty -Four Hour/$5.00. The Department of Community and Development Services will administer the Parking Permit Program, which will entail the sale and distribution of the permits and the recordkeeping duties. BACKGROUND/DISCUSSION: At the City Council Meeting on July 21, 1998 the Final Report and Recommendations of the Off -Site Parking Task Force were forwarded to the City Council for review and discussion. This Ordinance relates to the Task Force's Motion #5 to "Consider Dispensation/Permit Program for Parking Unattached Trailers and Boats on City Streets for a Period of Twenty -Four Hours." After review of Motion #5 at the City Council Work Study Session on September 1, 1998, and at the Town Hall Meeting on November 7, 1998, staff recommends that the City Council consider this Ordinance to amend Section 10. 16.190 of the Diamond Bar Municipal Code and to administer Twenty -Four Hour Parking Permits. Section 10. 16.190 of the Municipal Code (Exhibit "A") restricts trailers and semitrailers from parking upon any highway, street, alley, public way or public place unless the trailer or semitrailer is attached to a vehicle, which is capable of moving the trailer or semitrailer in a normal manner upon the highway, street, alley, public way or public place. The citation fee for violating DBMC Section 10. 16.190 and for parking a trailer or semitrailer upon any highway, street, alley, public way or public place is $47.00. The California Vehicle Code (CVC) defines a trailer as "a vehicle designed for carrying persons or property on its own structure and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon any other vehicle." The CVC defines a semitrailer as "a vehicle designed for carrying persons or property, used in conjunction with a motor vehicle, and so constructed that some part of its weight and that of its load rests upon, or is carried by, another vehicle." The proposed Ordinance will allow for residents and guests to park unattached trailers and semitrailers upon any residential street for a period not to exceed twenty-four hours with a valid and properly displayed Twenty -Four Hour Parking Permit (Example of permit is displayed on Exhibit "B"). The amendment entails the following modifications: a). Modification of subsection (a) in Section 10.16.190 b). Modification of subsection (b) in Section 10.16.190 c). Addition of subsection (c) in Section 10. 16.190 Page 3 Parking Permit Ordinance January 19, 1999 a). As it is currently written, subsection (a) in Section 10. 16.190 specifies that no trailer or semitrailer is authorized to be parked on a highway, street, alley, public way or public place unless the trailer or semitrailer is attached to a vehicle which is capable of moving the trailer or semitrailer in a normal manner. The modified verbiage will allow a resident or a guest of a resident to park a trailer or semitrailer on a residential street with a Twenty -Four Hour Parking Permit. b). As subsection (b) of Section 10.16.190 is currently written, subsection (a) does not apply to a trailer or semitrailer, which is in the process of loading or unloading or which is disabled. The amendment would strike the portion of the clause relating to a trailer or semitrailer in the process of being loaded and unloaded. The clarification will allow for trailers and semitrailers, which are in the process of loading or unloading, to apply for a Twenty -Four Hour Parking Permit. c). The amendment adds a subsection (c) to Section 10.16.190, which authorizes residents and guests of residents to park unattached trailers and semitrailers on public streets for a period not to exceed twenty-four hours with a valid permit. Subsection (1) within subsection (c) designates the city engineer or his/her designee as the processor of the permits and stipulates that the permit fee will be set by a Resolution. Subsection (2) within subsection (c) indicates the number of permits to be allocated to each resident and where the permit must be displayed. Subsection (3) within subsection (c) identifies the permit revocation procedures. Staff has developed the attached Parking Permit Application and Guidelines (Exhibit "C"). Within the Parking Permit Application and Guidelines the following definitions and criteria are outlined for the permit: Twenty --Four Hour Parking Permit • Permit is city-wide for applicants, who intend to park an unattached trailer or semitrailer on residential streets. • Applicant must either reside at the address for which the permit is being applied, or must be visiting a resident at the address for which the permit is being applied. • Permit is valid for a period not to exceed twenty-four hours. • No limit to the number of permits, which may be issued. • Fee for a Twenty -Four Hour Parking Permit is Five Dollars ($5.00). • Permit will be a sticker, which must be affixed to the left side of the rear bumper. At the City Council Meeting on December 15, 1998, the City Council expressed concern regarding verbiage within the Parking Permit Application and Guidelines. Staff has taken into consideration the City Council's input and has modified the Parking Permit Application and Guidelines accordingly. Specifically, staff has made the following modifications: Corrected verbiage on page 6 in order to clarify that the permit must be displayed on an approved vehicle and that the permit is non -transferable; Changed "the port side of the bow" on page 9 to read "left side of the rear bumper"; Page 4 Parking Permit Ordinance January 19, 1999 Changed the fee for Temporary Permits from $10.00 to $5.00; Deleted the verbiage on the requirement that all garage and driveway space must be utilized before a permit is issued; and modified the Permit Revocation Procedure in order to make the procedure consistent with Section 10. 16.1320 of the Municipal Code; and Researching the purchase of a parking permit dispenser machine. Staff also intends to re -design the parking permits, in order to allow for the printing of the applicant's address. The City Council approved the first reading of the Ordinance on January 5, 1999. It is recommended that the City Council approve the second reading and adopt the Ordinance. Therefore, staff will have authorization to implement the Parking Permit Program by March 1, 1999. Prepared by: Anne M. Haraksin ORDINANCE NO. 2 (1999) AN ORDINANCE OF THE CITY OF DIAMOND BAR ESTABLISHING A PERMIT SYSTEM FOR THE PARKING OF UNATTACHED TRAILERS AND SEMITRAILERS AND AMENDING SECTION 10.16.190 OF THE DIAMOND BAR MUNICIPAL CODE. WHEREAS, in accordance with Section 22507 of the California Vehicle Code, the Diamond Bar Municipal Code prohibits the parking of unattached trailers and semitrailers on residential streets thereby improving traffic safety and increasing the limited amount of on -street parking available; and WHEREAS, the City desires to authorize residents and their guests to park unattached trailers and semitrailers for up to twenty-four hours for the purpose of loading and unloading. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES HEREBY ORDAIN AS FOLLOWS: Section 1 Section 10. 16.190 of Division 6 of Title 10 of the Diamond Bar Municipal Code is hereby amended to modify subsections (a) and (b) and to add subsection (c) to read as follows: 10.16.190 Trailers or Semitrailers, Parking Requirements. (a). No person shall park any trailer or semitrailer upon any highway, street, alley, public way or public place unless the trailer or semitrailer is at all times while so parked attached to a vehicle capable of moving the trailer or semitrailer in a normal manner upon the highway, street, alley, public way or public place, except with a Twenty -Four Hour Parking Permit as provided below. (b). This section shall not apply to trailers or semitrailers which are disabled in such a manner and to such an extent that it is impossible to avoid stopping and temporarily leaving the disabled trailer or semitrailer on that portion of highway, street, alley, public way or public place ordinarily used for vehicular parking. (c). Notwithstanding subsection (a), a resident or a guest of a resident may, for the purpose of loading and unloading, park an unattached trailer or semitrailer upon any residential street for a period not to exceed twenty-four hours with a valid and properly displayed permit, in accordance with the following procedures: (1). In order to obtain a Twenty -Four Hour Parking Permit, the resident must submit an application, which shall be prepared by the city engineer or his/her designee. Each application shall be accompanied by a permit fee, which shall be set by Resolution of the City Council. (2). The permit must be affixed to the left side of the rear bumper of the vehicle when the vehicle is parked and unattached. There is no limit upon the number of Twenty -Four Hour Parking Permits which may be issued to a resident. (3). Any person issued a permit shall comply with the provisions of this section and the provisions of subsections (b), (c) and (d) of section 10.16.1310 of this Code. Any person in violation of those provisions shall be subject to the permit revocation procedures set forth in section 10. 16.1320 of this Code. Section 2. The City Clerk is directed to certify to the passage and adoption of the Ordinance and to cause it to be published or posted as required by law. Section 3 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 any 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 without regard to whether any other section, subsection, sentence, clause, portion, or phrase of the Ordinance would be subsequently declared invalid or unconstitutional. PASSED, APPROVED AND ADOPTED this day of , 1999. Mayor 2 I, Lynda Burgess, the 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 California, held on the day of , 1999, and was finally passed at a regular meeting of the City Council of the City of Diamond Bar, held on the day of , 1999, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: LYNDA BURGESS, City Clerk City of Diamond Bar 4a -c ( LiI T u 6 " VEHICLES AND TRAFFIC § 10.16.210 within the provisions o 'cle is equipped with a flashing red light visible to app is m eac (Ord. No. 14(1 , § 2(15.64.090), 6.27.89) * •Sec. 10.16.190. Trailers or semitrailers; parldng requirements. X - (a) A person shall not park any trailer or, semitrailer upon any highway, street, alley, public way or public place unless the trailer or semitrailer is at all times while so parked attached to a vehicle capable of moving the trailer or semitrailer in a normal manner upon the highway, street, alley, public way or public place. (b) This section shall not apply to trailers or semitrailers in the process of being loaded or unloaded, nor shall it apply to any trailer or semitrailer which is disabled in such a manner and to such an extent that it is impossible to avoid stopping and temporarily leaving the disabled trailer or semitrailer on that portion of the highway, street, alley, public way or public place ordinarily used for vehicular parking. (Ord. No. 14(1989), § 2(15.64.100), 6.27-89) Sec. 0.16.200. Passenger loading. (a) operator shall not park or stop for any purpose other than a stop of to exceed three minute load or unload passengers at any time in any of the folio ' g places when there shall be ' lace appropriate markings or signs so placed by a ority of the city engineer in accord with this title: (1) For a distance of$Q feet along any curb at the main enyrfince to any hotel; (2) At any curb in front of apy portion of the main en5r.6ce and outside vestibule of any theater during any time su'tk theater is open f public performance; and (3) In any passenger loading zone (b) The city engineer may place curb pi (a)(1) and (a)(2) of this section and shall pl the city council finds that traffic co tic feasible. (Ord. No. 14(1989), § 2(15.64.1 , 6.27-89) Sec. 10.16.210. limits. the city engineer. kings at the places specified by subsections such ih4krkings at those other locations at which are such s to make passenger loading zones A driver shaWhot park or stop in any alley for any purpose other thaih,,the loading or unloading of Passengers or materials, or both. Such driver shall not stop for timlloading or unloading,0 passengers for more than three minutes or for the loading or unloads of ma- terials more. than 20 minutes at any time in any alley. (Or o. 14(1989), § 2(15.64.130), 6-27-89) CD10:27 24 -Hour Parking Permit (Sticker) A41:_ 111A!lllNll BAR PARKING.PERMIT 0000 Valid on: Issue Date: Issuer: CITY OF DIAMOND BAR APPLICATION FOR PARKING PERMIT Please return to Diamond Bar City Hall, 21660 East Copley, Suite 190, with cash, check or money order for each permit (Annual/$15.00; Temporary/$5.00; 24 Hour/$5.00). The legal owner of the non-commercial, non -recreational vehicle must either reside at or be a visitor at the address shown on this form. All vehicles must have current license plates. This permit is revocable if the conditions of the application are violated. Permit (Please Check): New Renewal_ Replacement_ Name: Date: Address: Phone No.: Vehicle for Street Parking: License No. Make of Car: Year Color Type of Permit (Please Check): Annual Temporary24 Hour Reason for Requesting this Permit: (Why Vehicle can't be Parked Off Street) Statement to be Signed by Applicant: I Understand that 1. All parking areas should be utilized for parking before issuance of a permit. 2. If parking space is available at a later date, I should use it. 3. If I change my address or sell this vehicle, this permit becomes void. 4. If the permit is granted, the vehicle must be parked within 300 feet of my address. 5. The permit fee is non-refundable, if permit is not issued. Signature of Applicant For City Use Only: Permit Begins On: Date Paid: Date Expires On: Amount $ Permit Issued By: Permit No.: PARKING PERMIT STANDARDS I . The parking permit(s) must be displayed at all times when a vehicle is parked in the street. 2. A parking permit(s) shall only be displayed in a vehicle identified as "APPROVED" on the application and shall be non -transferable. 3. The parking permit(s) shall not be used on any approved vehicle when it is more than 300', from the applicant's residence. 4. The parking permit is not an authorization to violate any association, local, state or federal parking regulations. 5. The Annual Parking Permit must be affixed to the vehicle's rear-view mirror, and must clearly be seen from the driver's front window (windshield). Nothing shall be placed in the vehicle or on the glass which will obstruct the visibility of the permit from the street. 6. The Temporary Parking Permit must be affixed to the vehicle's rear-view mirror, and must clearly be seen from the driver's front window (windshield). Nothing shall be placed in the vehicle or on the glass which will obstruct the visibility of the permit from the street. 7. The Twenty -Four Hour Parking Permit (sticker) must be displayed on the left side of the rear bumper. Nothing shall be placed on the vehicle which will obstruct the visibility of the permit from the streetside of the vehicle. PERMIT APPLICANT OUALIFICATION 1. The applicant must be of legal age to operate a motor vehicle. 2. The applicant must possess a valid drivers license. 3. For an Annual Parking Permit, the applicant must have his/her principal residence within the City of Diamond Bar. 4. For an Annual Parking Permit, the applicant must reside at the address for which the permit is being applied. 5. For a Temporary and Twenty -Four Hour Parking Permit, if the applicant is a visitor, he/she must write the address where he/she is visiting. 6. The vehicle must be a non -recreational and non-commercial vehicle. 7. The property must be zoned for residential use. STATEMENT OF PERMIT QUALIFICATION I, the undersigned, certify that under the provisions of the City of Diamond Bar's Parking Permit Program I am entitled to the number of permits requested by this application. I have reviewed the Parking Permit Policies and Procedures Manual. I understand the regulations pertaining to the use of a parking permit, and I agree to comply with said regulations. Further, I understand that failure to comply with these regulations may result in some form of legal action by the City. Such action may include, but are not limited to, the revocation of any permits, issuance of parking citations, the filing of a criminal complaint or any combination of these actions. Applicant' s Signature — Date PARKING PERMIT APPLICATION GUIDELINES These instructions are being provided to assist you in filling out the application form correctly, therefore, minimizing the processing time required to review your request. Incomplete or incorrect information will result in significant delays in completing the review process and will likely result in the denial of a parking permit. INSTRUCTIONS Permit - mark the appropriate box indicating whether this is a new permit, renewal of an existing permit, or a replacement of a lost or damaged permit. Applicant's Name - name of person requesting permit. Date - date application is submitted for review. Applicant's Address - residential address of person requesting permit (for an Annual Permit, the permit will be assigned to this address only). Phone No. - indicate telephone number where applicant can be reached during the day. Vehicle License No. - indicate the vehicle's license number. Vehicle Year - indicate the model year of the vehicle. . Vehicle Make - indicate the manufacturer of the vehicle to be permitted. Vehicle Color - indicate the color of the vehicle to be permitted. Type Of Permit - mark the appropriate box indicating whether this is an Annual, Temporary, or Twenty -Four Hour Permit. Reason For Requesting Permit - indicate why the vehicle cannot be parked off street. Applicant's Signature/Date - the person applying for the permit must sign and date the form. NOTICE Applicant assumes responsibility for the accuracy of all information provided on the application and compliance with all parking permit requirements. Should it be determined that any information is incorrect or the permit requirements are being violated after permit(s) have been issued, the City may suspend or revoke said permit(s). Applications which have not been completely filled out will be returned to the applicant for completion prior to issuance of any permits. 2 iso i. •._ The following definitions have been developed to help clarify the intentions of the Parking Permit. These definitions shall apply only to this policy and may not be consistent with similar definitions in other City regulations. APPLICANT The person whose name appears on the parking permit application. For an Annual Parking Permit, the applicant must be a resident of Diamond Bar, reside at the address shown on the application, be in legal possession of the vehicle(s) for which a permit is being requested, and be of legal age to operate the vehicle. For a Temporary and Twenty -Four Hour Permit, the vehicle need not be registered to a resident of Diamond Bar. APPROVED VEHICLE Any non -recreational and non-commercial currently registered vehicle. The vehicle must be in compliance with the most current California Vehicle Code requirements for operating on public streets, and have as its primary function the transportation of people from place to place. MULTIPLE FAMILY RESIDENCE One or more structures containing a total of two or more dwelling units on a parcel of land and which was designed for and intended for use by two or more families. NON -ACCESSIBLE PARKING SPACE Those parking areas which are designed and intended for the parking of vehicles but are not actually available for parking due to actions by the property owner/tenant. Typically these actions would include, among other things, the conversion of garage or carport'space to other uses, using the parking area for storage of goods or materials, construction of walls or fences across parking areas, storage/parking of non -approved vehicles in such a manner that they block access to other vacant parking spaces. PARKING AREA Those hard surface areas including garages, carports, driveways, and parking pads whose primary design and intended use is a place for vehicles to park. PERMIT OFFICER A member of the City staff designated to coordinate the day to day activities of the program. RECREATION VEHICLE Any vehicle which is designed for and intended to be used primarily for recreational purposes, or is being used for recreational purposes, including but not limited to such vehicles as motor homes, camping trailers, boats, or any type of vehicle designed for competitive racing. SINGLE FAMILY RESIDENCE A single structure containing one dwelling unit occupying a parcel of land and which was designed for and intended to be used by one family. STORED VEHICLE Any vehicle which remains standing in one approved parking space for seventy-two (72) hours or more without any evidence of being moved and providing some benefit to the owner. 4 PERMIT TYPES OF PERMITS The Parking Permit Program has established the "Annual Permit", the "Temporary Permit", and the "Twenty -Four Hour Permit" to provide a flexible permit process which serves the unique needs of various parking situations. Anyone considering applying for a permit should review the permit descriptions below, and determine the most appropriate permit to address their specific situation. Applying for the wrong permit could result in a permit being declared null and void after it is issued. If there are any questions regarding which type of permit is appropriate for a specific situation, contact the Permit Officer, at (909) 396-5671. ANNUAL PERMIT The permit is for applicants who live on residential streets in specific designated areas, where parking is restricted. The permit does not supersede parking restrictions on street sweeping days and/or trash collection days. The annual permit is used to identify a vehicle which cannot park on private property due to a parking area which is not sufficiently large enough to meet the property owner/tenant's long term needs. This permit will be issued to the property based on the information provided on the application. The parking permit must be affixed to any approved vehicle at that address which is in compliance with all of the conditions and restrictions set forth in this manual. To apply for a permit the property owner/tenant must fill out an application and submit it along with the processing fee to the Permit Officer. The application will be evaluated for completeness and accuracy of the information provided, and those found to be acceptable will be processed. Upon completion of the processing, the permit will be mailed to the address on the application with instructions regarding the display of the permit. TEMPORARY PERMIT The permit is for applicants who live on residential streets, or for applicants who are visiting residents who live on residential streets, in specific designated areas, where parking is restricted. The permit does not supersede parking restrictions on street sweeping days and/or trash collection days. The Temporary Permit is used to identify a vehicle, which cannot park on private property due to a temporary condition which does not allow the available parking area to meet the property owner/tenant's needs. Typically, the Temporary Permit allows for use of the parking area when the applicant has visitors and when on-site parking is unavailable. To apply for a permit, the property owner/tenant must fill out an application and submit it along with the processing fee to the Permit Officer. The permit application will be evaluated for completeness and accuracy of the information provided and those found to be acceptable will be processed. Upon completion of the processing, a temporary permit (24 hours to 5 days) will be given to the applicant with instructions regarding the display of the permit. 5 24-HOUR PERMIT The parking of unattached trailers and boats is restricted citywide. Therefore, the Twenty -Four Hour Parking Permit is for applicants who wish to park an unattached trailer or boat on the public street. Typically, a Twenty -Four Hour Parking Permit allows for the loading/unloading of trailers and boats on any public street for a period not to exceed 24 hours. The permit does not supersede parking restrictions on street sweeping days and/or trash collection days. To apply for a permit, the property owner/tenant must fill out an application and submit it along with the processing fee to the Permit Officer. The permit application will be evaluated for completeness and accuracy of the information provided and those found to be acceptable will be processed. Upon completion of the processing, a Twenty -Four Hour Parking Permit will be given to the applicant with instructions regarding the display of the permit. PERMIT PROCESS Any person of legal age to operate a motor vehicle who is a resident of the City of Diamond Bar may apply for an Annual Parking Permit. Any person of legal age to operate a motor vehicle who is either a resident of the City of Diamond Bar or who is visiting a resident of the City of Diamond Bar, may apply for a Temporary or Twenty -Four Hour Parking Permit. The applicant should evaluate the different types of permits and complete an application form for the permit which meets their specific need. The completed form along with the processing fee and any required deposit may be hand delivered Monday -Friday between the hours of 8:00 a.m. to 5:00 p.m. to the Permit Officer in the Public Works Division at the City of Diamond Bar, 21660 E. Copley Drive, Suite 190, Diamond Bar, CA 91765. All applications received will be evaluated for completeness and accuracy of the information related to the type of permit requested. Those applications not found to be complete will be rejected and the applicant informed of the reason(s) for the rejection. The applicant may submit a revised application for re-evaluation. When an application is determined to be complete, the permit(s) requested will be presented to the applicant or mailed to the address to which it has been assigned. The Annual, Temporary, and Twenty -Four Hour Parking Permits may be displayed on the approved vehicle at that address in accordance with the established standards for displaying the permit. Proper placement and attachment of the permit shall be the responsibility of the applicant. Failure to properly display the permit may result in a citation being issued. Should a permit be lost, stolen, damaged, or defaced during the period of time for which it was issued, the original applicant may apply for a new permit. The applicant shall verify that the information on the original application is still accurate or provide information regarding any changes in status. Upon paying the replacement fee the replacement application will be processed and a new permit issued. 0 PARKING PERMIT QUALIFICATION CRITERIA The following criteria has been established as the requirements for qualification of any individual and property desiring to obtain a parking permit to park on any public street. General 1. The applicant must be of legal age to operate a motor vehicle. 2. The applicant must have a valid drivers license. For an Annual Parking Permit, the applicant must reside at the address for which the permit is being applied. For a Temporary and Twenty -Four Hour Parking Permit, the applicant must either reside at the address for which the permit is being applied, or must be visiting a resident at the address for which the permit is being applied. 4. Only properties zoned for residential use shall be eligible for a permit. Properties zoned for residential use but occupied by some other use shall not be entitled to any permit. 7 PARKING PERMIT RESTRICTIONS The following restrictions have been established for the use and display of parking permits on any vehicle which is parked on any public street. 1. The permit shall be displayed in accordance with the Permit Display Standards. 2. The permit shall only be displayed on the vehicle identified as approved during the application review process. The permit shall only be displayed on a vehicle when the vehicle is within 300 feet of the property to which the permit is assigned. The permit shall not be transferred to or used in conjunction with any property except the property to which it is issued. S. The permit shall not authorize the applicant or any other individual to violate any other parking regulations adopted by any other governing body including any homeowner association, local, state or federal agency. 6. The permit shall be valid for the time period indicated on the permit unless a written notice is given by the City of Diamond Bar changing the time period. 7. The permit shall not be valid until all required fees established by the City Council have been paid. 8. The maximum number of permits which will be issued to an address shall be as follows: a) single family residence - 2 permits b) each multi -family residence unit - 1 permit C) for temporary and 24-hour permits there is no limit to the number of permits that may be issued. However, each request will be considered separately and each request must comply with all of the permit requirements stated above. d) requests for additional permits will be evaluated to establish need prior to issuance of additional permits. 8 PERMIT DISPLAY STANDARDS The following standards have been developed to define how and where the permit must be displayed. Failure to comply with these standards could result in the issuance of a parking citation even though a property has been issued a permit and the permit may be within the vehicle. The requirements for display include: 1. The parking permit must be continuously displayed in the vehicle while it is parked on any public street within the neighborhood to which the permit is assigned: The Annual and Temporary Parking Permit shall be considered displayed when it complies with all of the following criteria: a) the permit is affixed to the rear-view mirror. b) nothing is placed in or on the vehicle which will obscure the visibility of the permit from the front side of the vehicle. C) nothing shall be done to the permit to deface or obscure the permit. 3. The Twenty -Four Hour Parking Permit shall be considered displayed when it complies with all of the following criteria: a) the permit is located on the left side of the rear bumper. b) nothing is placed in or on the vehicle which will obscure the visibility of the permit from the street side of the vehicle. C) nothing shall be done to the permit to deface or obscure the permit. 4. Display of a permit which has expired or been declared null and void may result in the issuance of a citation. (a) Any permittee who has violated the provisions of subsections (b), (c) or (d) of section 10.16.1310 shall be subject to having the permit revoked, and shall be notified in writing of the permit revocation. Upon notification of such revocation, the permittee shall, within 15 working days of receipt of such notice, either surrender the permit to the city engineer or request, in writing, a hearing before the city engineer or designated representative. z (b) A timely request for a hearing made within 15 days of the receipt of the notice of revocation shall stay any revocation until five working days after the hearing decision is rendered. (c) A hearing shall be held by the city engineer or designated representative, unless continued by agreement, within five working days of the request for a hearing. At the hearing, any person may present evidence or argument as to whether the permittee has violated any provisions of this division and whether the permit should be revoked. (d) A decision shall be rendered, by the city engineer or designated representative within five working days after the close of the hearing. (e) The city engineer or designated representative may give oral notice of the decision at the close of the hearing, or may send notice of the decision by mail to the permittee. The decision of the city engineer or designated representative shall be final and conclusive. (f) If the revoked permit is not rendered, the sheriffs department shall be notified so that appropriate enforcement action may be taken against the vehicle with the revoked permit the same as any other vehicle parking in the district without the permit. 10 EXHIBIT "A" PARKING PERMIT FEES New annual permit application $15.00 New temporary permit application $5.00 New 24 hour permit application $5.00 Replacement permit application $5.00 Appeal process $30.00 11 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. 7J C, TO: Honorable Mayor and Members of the City Council MEETING DATE: January 19, 1999 REPORT DATE: January 12, 1999 FROM: Terrence L. Belanger, City Manager TITLE: Ordinance No. 3 (1999) "An Ordinance of the City of Diamond Bar Creating Preferential Parking District Numbers One and Two and Amending the Municipal Code in Accordance Therewith." SUMMARY: Division 6 of Chapter 10.16 of the Diamond Bar Municipal Code authorizes the City Council to create preferential parking districts, wherein vehicles displaying a valid permit shall be exempt from parking restrictions. A shortage of on -street parking exists on certain streets within the City and parking restrictions have been imposed to facilitate short term parking and the efficient use of street parking spaces. The creation of preferential parking districts is recommended in order to meet the parking needs of the residents living where parking is restricted. On January 5, 1999, the City Council approved the first reading of the Ordinance to create Preferential Parking District Numbers One and Two and to amend the Municipal Code in order to administer Annual and Temporary Parking Permits. Therefore, staff recommends that the City Council approve the second reading and adopt this Ordinance. RECOMMENDATION: It is recommended that the City Council approve the second reading and adopt Ordinance No. 3 (1999) "An Ordinance of the City of Diamond Bar Creating Preferential Parking District Numbers One and Two and Amending the Municipal Code in Accordance Therewith." LIST OF ATTACHMENTS: X Staff Report _ Resolution(s) X Ordinance(s) _ 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? 5. Are other departments affected by the report? 09� � p REVI<gI l r l Yp I A Terrence L. Belanger n / James DeStefano City Manager Deputy City Manager _Public Hearing Notification Bid Specification X Other: Parking Permit Application and Guidelines XYes —No X Yes —No N/A _ Yes _ No N/A _ Yes —No _ Yes X No Mvid G. Liu Deputy Director of Public Works MEETING DATE: TO: FROM: CITY COUNCIL REPORT AGENDA NO. January 19, 1999 Honorable Mayor and Members of the City Council Terrence L. Belanger, City Manager SUBJECT: Ordinance No. 3 (1999) "An Ordinance of the City of Diamond Bar Creating Preferential Parking District Numbers One and Two and Amending the Municipal Code in Accordance Therewith." ISSUE STATEMENT: To meet the parking needs of specific residential neighborhoods, Preferential Parking Districts One and Two have been created and a Parking Permit Program has been developed accordingly. RECOMMENDATION: It is recommended that the City Council approve the second reading and adopt Ordinance No. --L(1999) "An Ordinance of the City of Diamond Bar Creating Preferential Parking District Numbers One and Two and Amending the Municipal Code in Accordance Therewith." FINANCIAL SUMMARY: If Preferential Parking Districts One and Two are created and a Parking Permit Program is implemented, it will be necessary for the City to purchase parking permits and additional parking signs. If the City were to purchase 1000 of each of the two permits, Annual and Temporary, the fee would be approximately $2,350. The fees for the permits will approximately be the following: Permit Tyne of Permit Cost per 1000 Annual Plastic/mirror hanger $1.35 each — $1,350 Temporary Cardstock/mirror hanger $1.00 each — $1,000 Total $2,350 Additional parking signs are necessary in order to identify the streets, whereas, parking is permitted with a permit. Specifically, the City would need to purchase 120 signs, which would be placed underneath the existing signs. The signs, including installation, cost approximately Page 2 Preferential Parking District Ordinance January 19, 1999 $50.00 each. Therefore, it would cost the City approximately $6,000 to properly identify the streets, whereas, parking is permitted with a permit. It is intended that the cost of implementing the Parking Permit Program (permits, parking signs, administrative costs) will be offset by the revenue generated from the applicant's fee for obtaining a permit. It is suggested that the application fees be the following: Annual/$15.00; and Temporary/$5.00. The Department of Community and Development Services will administer the Parking Permit Program, which will entail the sale and distribution of the permits and the recordkeeping duties. BACKGROUND/DISCUSSION: Currently, two (2) residential neighborhoods in Diamond Bar have parking restrictions, whereas, the residents are unable to park in front of their own homes. Signs, which restrict parking, are posted, and the citation fee for such violation is $50.00. Staff is suggesting the utilization of Preferential Parking Districts as the means to allow residents to park in the specified restricted areas. Division 6 of Chapter 10.16 of the Diamond Bar Municipal Code (Exhibit "A") authorizes the City Council to create preferential parking districts at its discretion. The section defines a preferential parking district as " a residential area with streets or boundaries designated by the ordinance establishing the district, wherein vehicles displaying a valid permit shall be exempt from parking restrictions." Therefore, staff recommends that the City Council consider this Ordinance to create Preferential Parking Districts One and Two and amend the Municipal Code in order to develop and administer Annual and Temporary Parking Permits. The proposed Ordinance involves the following modifications to the Diamond Bar Municipal Code: a). Modification of Subsection (a) of Section 10. 16.1250 b). Addition of Section 10.16.1350 c). Addition of Section 10.16.1360 a). Section 10. 16.1250 of the Municipal Code refers to the permit parking exemption. Specifically, Subsection (a) stipulates the proper placement of the permits. As the code is currently written, the permit must be affixed to the vehicle's left side of the rear bumper. However, staff intends to modify the section so that the permit is displayed on the rear-view mirror of the vehicle. b). The addition of Section 10.16.1350 refers to the creation of Diamond Bar Preferential Parking District No. 1 (Exhibit "B"). The area bounded as described in the Ordinance designates Diamond Bar Preferential Parking District No. 1 to include the following: Beginning at the intersection of the centerlines of Diamond Bar Boulevard and Pathfinder Road; then westerly along the centerline of Pathfinder Road to Presado Drive; then northerly along the Page 3 Preferential Parking District Ordinance January 19, 1999 centerline of Presado Drive to Chestnut Creek; then north-westerly along the centerline of Chestnut Creek to Bella Pine Drive; then westerly along the centerline of Bella Pine Drive to Autumn Glow Drive; then southerly along Fern Hollow Drive, including Tambo Place, to Pathfinder Road; then southerly along Brea Canyon Boulevard to the centerline of Fountain Springs Road; then easterly along Fountain Springs Road to Diamond Bar Boulevard; then northerly to the point of beginning. Section 10.16.1350 also stipulates that residents living at the following locations may obtain Annual and/or Temporary Parking Permits (Exhibit "C") to park, regardless of the current posted restrictions (No parking for more than one (1) hour from 7:00 a.m. to 4:00 p.m. on school days): Street Location Evergreen Springs Drive: Both sides of the street from Sunbright Drive to 2017 Evergreen Springs Drive (2017 to 2338 Evergreen Springs Drive). Lost River Drive: Both sides of the street from Evergreen Springs Drive to Castle Rock Road (21504 to 21612 Lost River Drive). Birch Hill Drive: Both sides of the street from Evergreen Springs Drive to Castle Rock Road (21515 to 21651 Birch Hill Drive). Cazadero Place: Both sides of the street from Evergreen Springs Drive to the end of the cul de sac (21503 to 21519 Cazadero Place). Viento Verano Drive: Both sides of the street from Evergreen Springs Drive to 1980 Viento Verano Drive (1980 - 2035 Viento Verano Drive). Broken Arrow Drive: Both sides of the street from Viento Verano Drive to 21453 Broken Arrow Drive/ Both sides of the street from Fern Hollow Drive to 21364 Broken Arrow Drive. Tambo Place: Both sides of the street from Pathfinder Road to the end of the cul de sac (21305 to 21325 Tambo Place). Fern Hollow Drive: Both sides of the street from Pathfinder Road to Los Cerros Drive (1953 - 2036 Fern Hollow Drive). Pathfinder Road: Both sides of the street from Evergreen Springs Drive to the end of (Frontage Road) the cul de sac (21501 to 21536 Pathfinder Road). c). The addition of Section 10.16.1360 refers to the creation of Diamond Bar Preferential Parking District No. 2. The area bounded by the Ordinance describes Diamond Bar Preferential Parking District No. 2 as the area bounded by the following: Beginning at the intersection of Silver Cloud Drive and Fallow Field Drive; then southerly along Fallow Field Drive to the centerlines of Fallow Field Drive and Brea Canyon Cutoff Road; including the entire street of Pasco Court. Section 10.16.1360 also stipulates that residents living at the following locations may obtain Annual Page 4 Preferential Parking District Ordinance January 19, 1999 and/or Temporary Parking Permits to park, regardless of the current posted restrictions (No parking for more than two (2) hours from 8:00 a.m. to 5:00 p.m. Monday through Friday): Street Location Fallow Field Drive Both sides of the street from Malad Court to Brea Canyon Cutoff (3 100 to 3230 Fallow Field Drive). Pasco Court Both sides of the street from Fallow Field Drive to the end of the cul de sac (20900 - 20965 Pasco Court). The total number of homes encompassed in Preferential Parking Districts One and Two is 669 (619 in District 1; 50 in District 2). The number of homes, whereas, residents may purchase permits, is 158 (Exhibit "D"). In accordance with Division 6 of Title 10 of the Municipal Code, staff has developed the attached Parking Permit Application and Guidelines (Exhibit "E"). Within the Parking Permit Application and Guidelines the following definitions and criteria are outlined for each permit: Annual Parking Permit • Permit is for applicants who live on residential streets in specific designated areas, where parking is restricted. • The permit is for non-commercial and non -recreational vehicles. • Resident must reside at the address for which the permit is being applied. • Permit is valid for one year. • A single family residence may purchase two permits; a multi -family residence unit may purchase one permit. • Fee for an Annual Parking Permit is Fifteen Dollars ($15.00) • Permit will be of plastic material and must be affixed to the vehicle's rear-view mirror. Temporary Parkin Pg ermit • Permit is for applicants who live on residential streets in specific designated areas, where parking is restricted. • Applicant must either reside at the address for which the permit is being applied, or must be visiting a resident at the address for which the permit is being applied. • Permit is valid for non-commercial and non -recreational vehicles. • Permit is valid for twenty-four hours to five days. • No limit to the number of permits, which may be issued. • Fee for a Temporary Parking Permit is Five Dollars ($5.00). • Permit will be of card -stock material and must be affixed to the vehicle's rear-view mirror. Page 5 Preferential Parking District Ordinance January 19, 1999 At the City Council Meeting on December 15, 1998, the City Council expressed concern regarding verbiage within the Parking Permit Application and Guidelines. Staff has taken into consideration the City Council's input and has modified the Parking Permit Application and Guidelines accordingly. Specifically, staff has made the following modifications: Corrected verbiage on page 6 in order to clarify that the permit must be displayed on an approved vehicle and that the permit is non -transferable; Changed "the port side of the bow" on page 9 to read "left side of the rear bumper"; Changed the fee for Temporary Permits from $10.00 to $5.00; Deleted the verbiage on the requirement that all garage and driveway space must be utilized before a permit is issued; Modified the Permit Revocation Procedure in order to make the procedure consistent with Section 10. 16.1320 of the Municipal Code; and Researching the purchase of a parking permit dispenser machine. Staff has also made additional modifications to the parking program. After careful review of the twelve (12) streets listed in the staff report of the December 15, 1998 City Council Meeting, staff deleted Glenwick Avenue. Glenwick Avenue was deleted because the street has no residential parking restrictions. The only posted restrictions involve the side of the street adjacent to Walnut Elementary School. In addition to the aforementioned street deletion, staff also intends to re -design the parking permits, in order to allow for the printing of the applicant's address. The first reading of the Ordinance was approved on January 5, 1999. It is recommended that the City Council approve the second reading and adopt the Ordinance. Therefore, staff will be authorized to implement the Parking Permit Program by March 1, 1999. Prepared by: Anne M. Haraksin ORDINANCE NO. —.L-(1999) AN ORDINANCE OF THE CITY OF DIAMOND BAR CREATING PREFERENTIAL PARKING DISTRICT NUMBERS ONE AND TWO AND AMENDING THE MUNICIPAL CODE IN ACCORDANCE THEREWITH. WHEREAS, there is a shortage of on -street parking on certain residential streets within the City, and parking restrictions have been imposed to facilitate short term parking and the efficient use of street parking spaces; and WHEREAS, the City wishes to increase the availability of street parking spaces for residents and their guests as permitted by Section 22507 of the California Vehicle Code; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES HEREBY ORDAIN AS FOLLOWS: Section 1 Division 6 of Chapter 10.16 of Title 10 of the Diamond Bar Municipal Code is hereby amended to modify Subsection (a) of Section 10.16.1250 and to add thereto new Sections 10.16.1350 and 10.16.1360 to read as follows: 10.16.1250 Permit Parking Exemption (a) A motor vehicle on which is displayed a valid parking permit affixed to the vehicle's rear-view mirror shall be permitted to stand or be parked in the preferential parking district for which it is issued without being limited by parking restrictions established pursuant to this division. Except as provided in subsection (b) of this section, all other motor vehicles parked within a preferential parking district shall be subject to the parking restrictions and penalties as provided in this division. 10.16.1350 Diamond Bar Preferential Parking District No. 1 (a) Diamond Bar Preferential Parking District No. 1, Purpose. The purpose of Diamond Bar Preferential Parking District No. 1 is to reduce noise, litter, blockage of residential driveways, and to allocate residential and commuter parking in the residential area, thereby increasing availability of parking spaces for residents. (b) Diamond Bar Preferential Parking District No. 1, Boundary. The area bounded as described below shall be designated the Diamond Bar Preferential Parking District No. 1: Beginning at the intersection of the centerlines of Diamond Bar Boulevard and Pathfinder Road; then westerly along the centerline of Pathfinder Road to Presado Drive; then northerly along the centerline of Presado Drive to Chestnut Creek; then north-westerly along the centerline of 1 Chestnut Creek to Bella Pine Drive; then westerly along the centerline of Bella Pine Drive to Autumn Glow Drive; then southerly along Fern Hollow Drive, including Tambo Place, to Pathfinder Road; then southerly along Brea Canyon Boulevard to the centerline of Fountain Springs Road; then easterly along Fountain Springs Road to Diamond Bar Boulevard; then northerly to the point of beginning; and are more specifically delineated by a plot set forth on Exhibit "A" attached hereto and by this reference incorporated herein. (c) Diamond Bar Preferential Parking District No. 1, Parking Restrictions. No parking for more than one (1) hour from 7:00 a.m. to 4:00 p.m. on school days except with an Annual or Temporary Parking Permit: Street Location Evergreen Springs Drive: Both sides of the street from Sunbright Drive to 2017 Evergreen Springs Drive (2017 to 2338 Evergreen Springs Drive). Lost River Drive: Both sides of the street from Evergreen Springs Drive to Castle Rock Road (21504 to 21612 Lost River Drive). Birch Hill Drive: Both sides of the street from Evergreen Springs Drive to Castle Rock Road (21515 to 21651 Birch Hill Drive). Cazadero Place: Both sides of the street from Evergreen Springs Drive to the end of the cul de sac (21503 to 21519 Cazadero Place). Viento Verano Drive: Both sides of the street from Evergreen Springs Drive to 1980 Viento Verano Drive (1980 - 2035 Viento Verano Drive). Broken Arrow Drive: Both sides of the street from Viento Verano Drive to 21453 Broken Arrow Drive/ Both sides of the street from Fern Hollow Drive to 21364 Broken Arrow Drive. Tambo Place: Both sides of the street from Pathfinder Road to the end of the cul de sac (21305 to 21325 Tambo Place). Fern Hollow Drive: Both sides of the street from Pathfinder Road to Los Cerros Drive (1953 - 2036 Fern Hollow Drive). Pathfinder Road: Both sides of the street from Evergreen Springs Drive to the end of (Frontage Road) the cul de sac (21501 to 21536 Pathfinder Road). (d) Diamond Bar Preferential Parking District No. 1, Permit Types. The following are the types of permits that will be issued in the Diamond Bar Permit Parking District No. 1: (1). Annual Permit, renewed annually; available only to residents. (2). Temporary Permit, valid for up to (5) five days; available to residents for their use or for the use of their guests. (e) Diamond Bar Preferential Parking District No. 1, Number of Permits. No more than 2 two Annual Permits shall be issued per single family residence; no more than one Annual Permit shall be issued per multi -family residence; an unlimited number of Temporary Permits may be allocated to residents within the District. 10.16.1360 Diamond Bar Preferential Parking District No. 2 (a) Diamond Bar Preferential Parking District No. 2, Purpose. The purpose of the Diamond Bar Preferential Parking District No. 2 is to reduce noise, litter, blockage of residential driveways, and to allocate residential and commuter parking in the residential area, thereby increasing availability of parking spaces for residents. (b) Diamond Bar Preferential Parking District No. 2, Boundary. The area bounded as described below shall be designated the Diamond Bar Preferential Parking District No. 2: Beginning at the intersection of Silver Cloud Drive and Fallow Field Drive; then southerly along Fallow Field Drive to the centerline of Fallow Field Drive and Brea Canyon Cutoff Road; then including the entire street of Pasco Court; and are more specifically delineated by a plot set forth on Exhibit "A" attached hereto and by this reference incorporated herein. (c) Diamond Bar Preferential Parking District No. 2, Parking Restrictions. No parking for more than two (2) hours from 8:00 a.m. to 5:00 p.m. Monday through Friday except with an Annual or Temporary Parking Permit: Street Location Fallow Field Drive Both sides of the street from Malad Court to Brea Canyon Cutoff Road (3 100 to 3230 Fallow Field Drive). Pasco Court Both sides of the street from Fallow Field Drive to the end of the cul de sac (20900 - 20965 Pasco Court). (d) Diamond Bar Preferential Parking District No. 2, Permit Types. The following are the types of permits that will be issued in the Diamond Bar Permit Parking District No. 2: (1). Annual Permit, renewed annually; available only to residents. (2). Temporary Permit, valid for up to (5) five days; available to residents for their use or for the use of their guests. (e) Diamond Bar Preferential Parking District No. 2, Number of Permits. No more than two Annual Permits shall be issued per single family residence; no more than one Annual Permit shall be issued per multi -family residence; An unlimited number of Temporary Permits may be allocated to residents within the District. 3 Section 2. The City Clerk is directed to certify to the passage and adoption of the Ordinance and to cause it to be published or posted as required by law. Section 3 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 any 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 without regard to whether any other section, subsection, sentence, clause, portion, or phrase of the Ordinance would be subsequently declared invalid or unconstitutional. PASSED, APPROVED AND ADOPTED this day of , 1999. Mayor I, Lynda Burgess, the 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 California, held on the day of , 1999, and was finally passed at a regular meeting of the City Council of the City of Diamond Bar, held on the day of , 1999, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: LYNDA BURGESS, City Clerk City of Diamond Bar 4 .t�aO� A Woe CITY OF INDUSTRY w LEr l 57 �4 a NroH tr � ES'�� O 5 W e &VT � y a a 4� r, A .• 5T ou DIAMON BAR �RA�RREG CMFER DR ii AFT E $E oR SAW.( Y DEER 7- -go 1—ERR g KVERP I, @ r IFN NV 1 Jo � a E tq0 0 lh 1 ol T V.J'♦ -hl Jar C►`" c EEE .y ;� ..+� k fR R as f �, � fN •ti,c,. '�.4J � o v' .,S-•.�i r i LN REN Oyu R �rEw Mr 1 'b TV""I nup GMVOI 4 . CITY OF DIAMOND BAR PREFERENTIAL PARKING DISTRICT NUMBERS 1 AND 2 JANUARY, 1999 EXRtl5kT A § t`t. 16.1030 DIAMOND BAR CODE Sec. 10.114030. Notice to owner of removed vehicle. Whenever a sheriff removes a vehicle from a highway as authorized by this divisi0 d he knows or is a e to ascertain from the registration records in the vehicle or m. the registration records the state department of motor vehicles the name and a ess of the owner thereof, the she immediately shall notify in writing such owner of a fact of such removal, the grounds the , and of the place to which such vehicle has n removed. If any such vehicle is stored in a pub ' garage, he shall deliver a copy of su otice to the proprietor of the. garage. (Ord. No. 14(1989), § 2(15.64.530), 7-89) Sec. 10.16.1040. Notice to departmenhpf motor v 'cles required in certain circum. stances. Whenever the sheriff removing a ve:100fl a highway under this division does not know and is not able to ascertain thenhe er of such vehicle, as provided in this division, and if the vehicle is not re to the owner thin a period of 120 hours, then and _ in that event the sheriff immedia shall send a written rt of such removal by mail to the department of motor vehicles Sacramento, and shall file copy of such notice with the proprietor of any public ge in which the vehicle may be sto . He shall make such report on a form furnished by ch department. The report shall include a mplete description of the vehicle, the date, t' a and place from which removed, the grounds fo uch removal, and the name of the or place where the vehicle is stored. (Ord. No. 1 89), § 2(15.64.540), 6-27-89) Secsl10.16.1050-10.16.1200. Reserved. DIVISION 6. PREFERENTIAL PARKING -+ Sec. 10.16.1210. Definitions. The following words, terms and phrases, when used in this division, shall have the mean- ings ascribed to them in this section, except where the context clearly indicates_ a different meaning: Dwelling unit means a house, apartment, condominium, mobilehome or other type of residence, in conformance with'the city's zoning ordinance and related zoning maps, having an address assigned consistent with the house numbering maps maintained by the city. Apart- ments having numbers or letters assigned in addition to the -street address shall be deemed as a dwelling unit. Employee of merchant means any person employed by a merchant within a preferential parking district. Guest means any person visiting or intending to visit; for any purpose, either a resident or merchant located in a preferential parking district. CD10:36 VEHICLES AND TRAFFIC § 10.16.1250 Merchant means a person who, as proprietor, operates a commercial business involved in the retailing of goods or services within a preferential parking district. Preferential parking district or district means a residential area with streets or boundaries designated by,the ordinance establishing the district, wherein vehicles displaying a valid permit shall be exempt from parking restrictions established pursuant to this division. Resident means a person who lives in a dwelling unit located in a preferential parking district. (Ord. No. 14(1989), § 2(15.64.600), 6-27-89) Cross reference—Definitions generally, § 1.00.070. Sec. 10.16.1220. Designation of districts. The city council may, by ordinance, at its discretion or upon receipt of a petitionsigned by residents or merchants living or working in two-thirds of the dwelling units or businesses comprising not less than 50 percent of the developed frontage of the area proposed for desig- nation, designate a certain area to be a preferential parking district. (Ord. No. 14(1989), § 2(15.64.610), 6-27-89) Sec. 10.16.1230. Issuance of permits. (a) Parking permits for preferential parking districts shall be issued by the city engineer. (b) The number of permits to be issued to any one dwelling unit or to any merchant's business establishment, including its employees, shall be determined by the parking condi- tions within each district and set forth in the ordinance establishing the district. (c) Parking permits may be issued only to the following persons: residents, merchants, employees of merchants, or guests within the prescribed preferential parking district. (Ord. No. 14(1989), § 2(15.64.620), 6-27-89) Sec. 10.16.1240. Posting signs in permit parldng area. Upon the adoption by the city council of an ordinance designating a preferential parking district and the specified parking regulations applicable thereto, the city engineer shall cause appropriate signs to be erected in the district, indicating prominently thereon the parking limitation, period of the day for its application, and the fact that motor vehicles with valid permits shall be exempt therefrom. (Ord. No. 14(1989), § 2(15.64.630), 6-27-89) Sec. 10.16.1250. Permit parldng exemption. (a) A motor vehicle on which is displayed a valid parking permit affixed to the left side of the rear bumper shall be permitted to stand or be parked in the preferential parking district for which it is issued without being limited by parking restrictions established pursuant to this division. Except as provided in subsection (b) of this section, all other motor vehicles parked CD10:37 § 10.16.1250 DIAMOND BAR CODE within a preferential parking district shall be subject to the parking restrictions and penalties as provided in this division. (b) A preferential parking permit shall not guarantee or reserve to the holder thereof an on -street parking space within the designated preferential parking district. (Ord. No. 14(1989), § 2(15.64.640), 6-27-89) Sec. 10.16.1260. Exemption of certain vehicles. No person shall, without a permit therefor, park or leave standing any vehicle or trailer in a preferential parking district in excess of the parking restrictions authorized pursuant to this division, except for the following: (1) Repair, maintenance, refuse, utility, fuel or delivery vehicles doing business in the preferential parking district; and (2) Vehicles delivering life-support and health commodities to residential areas and schools located in the preferential parking district. (Ord. No. 14(1989), § 2(15.64.650), 6-27.89) Sec. 10.16.1270. Exemption of emergency vehicles. The provisions of the state exemption of emergency vehicles shall apply in preferential parking districts. (Ord. No. 14(1989), § 2(15.64.660), 6.27-89) Sec. 10.16.1280. Application for and duration of permit. Except as otherwise provided, each parking permit issued by the city engineer shall be valid -for the period set forth in the ordinance establishing the district. Permits may be re- newed upon reapplication in the manner prescribed by the city engineer. (Ord. No. 14(1989), § 2(15.64.670), 6-27-89) Sec. 10.16.1290. Permit fees. The fee for a preferential parking permit shall be established by order of the city council. In the absence of any such order, the fee shall be,$2.00. (Ord. No. 14(1989), § 2(15.64.680), 6-27-89) Sec. 10.16.1300. Deposit of permit fees. 1 Permit fees collected under the provisions of this division shall be paid into the treasury of the city, and deposited in the preferential parking program fund. (Ord. No. 14(1989), § 2(15.64.690), 6-27-89) Sec. 10.16.1310. Penalty provisions. (a) Unless exempted by provisions of this division, no person shall stand or park a motor vehicle in any preferential parking district established pursuant to this division in violation CD10:38 VEHICLES AND TRAFFIC 110-16.1330 of any parking restrictions established pursuant to this division. A violation of this section shall constitute an infraction. (b) No person shall falsely represent himself as eligible for a parking permit or furnish false information to the city engineer in an application for a preferential parking permit. (c) No permit issued pursuant to this division shall thereafter be assigned, transferred or used for any consideration, monetary or otherwise. (d) No person shall copy, produce or create a facsimile or counterfeit parking permit, nor shall any person use or display a facsimile or counterfeit preferential parking district permit. (Ord. No. 14(1989), § 2(15.64.700), 6-27-89) Sec. 10.16.1320. Permit revocation procedure. (a) Any Permittee who has violated the provisions of subsections (b), (c) or (d) of section 10.16.1310 shall be subject to having the permit revoked, and shall be notified in writing of the permit revocation. Upon notification of such revocation, the permittee shall, within 15 working _ days of receipt of such notice, either surrender the permit to the city engineer or request, in writing, a hearing before the city engineer or designated representative. (b) A timely request for a hearing made within 15 days of the receipt of the notice of revocation shall stay any revocation until five working days after the hearing decision is rendered. (c) A hearing shall be held by the city engineer or designated representative, unless continued by agreement, within five working days of the request for a hearing. At the hearing, any person may present evidence or argument as to whether the permittee has violated any provisions of this division and whether the permit should be revoked. (d) A decision shall be rendered, by the city engineer or designated representative within five working days after the close of the hearing. (e) The city engineer or designated representative may give oral notice of the decision at the close of the hearing, or may send notice of the decision by mail to the permittee. The decision of the city engineer or designated representative shall be final and conclusive. (f) If the revoked permit is not surrendered, the sheriffs department shall be notified so that appropriate enforcement action may be taken against the vehicle with the revoked permit the same as any other vehicle parking in the district without a permit. (Ord. No. 14(1989), § 2(15.64.710), 6.27-89) Sec. 10.16.1330. Visitor permits. The rules governing the issuance of visitor permits shall be specified in the ordinance establishing the district. (Ord. No. 14(1989), 12(15.64.720), 6-27-89) CD10:39 § 10.16.1340 DIAMOND BAR CODE Sec. 10.16.1340. Dissolving a district. The designation process as set forth in this division shall be utilized by the city council in determining whether to dissolve a preferential parking district. (Ord. No. 14(1989), § 2(15.64.730), 6.27-89) 10.20. ABANDONED OR INOPERATIVE VEHICLES* Sec. 10.20.010. Vehicles deemed public nuisance in certain cases; statutory ..a:_ In addition to\tions: ccordance with the determination made and the auttled rfty granted by the state under Code § 22660 to remove abandoned, wrecked, dis or inop- erative vehicles orhereof as public nuisances, the city council her y makes the fol- lowing findings antions: The accumulation and storage of oned, wrecked, dj3. mantled or inoperahi s or parts thereof on private or public perty, not including highways, is foundte a ndition tending to reduce the val a of private property, to promote blight andration, invite plundering, to createhazards, to constitute an attractive nuisanceg a haz to the health and safety o ors, to create a harborage for rodents and inseto be inj ous to the health, safet and the presence of an abandoned, wrecked, general welfare The fore private or public property, not includin chapter, is declared to constitute a public n with the provisions of this chapter. (Ord. No. 14(1989), § 2(15.80.010), 6-27-89) Sec. .10.20.020. Definitions. The following words, terms and p] ings ascribed to them in this section, meaning: / re , nantled or ino ative vehicle, or parts thereof, on highways, a ept as expressly permitted in this Nsance w ' may be abated as such in accordance when us in this chapter, shall have the mean- t where the ntext clearly indicates a different Owner of land m/0-020), er of the land on which a vehicle, or parts thereof, is located, as shown on zed assessment roll. Owner of vehicle t registered owner and legal o er of record. (Ord. No. 14(1989), § -27-89) Cross referenceenerally, § 1.00.070. Sec. 10.20.030. 9dapter provisions not exclusive. This chap is not the exclusive regulation of abandoned, wrecked, dis tied or inop- erative vehi es within the city. It shall supplement and be in addition to the oth r regulatory *Cr reference—Solid waste, recyclable and compostable materials, ch. 8. 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EN 7 r CWY �•�.'��J.;j� ..a +., C.P faILONS � w+w viEw Fows YE BMW IESFNVAIOV L TONNE% CITY OF DIAMOND BAR PREFERENTIAL PARKING DISTRICT NUMBERS 1 AND 2 JANUARY, 1999 act -%t gt T C, Annual Parking Permit (Plastic) 111,1�11AD BAR' PARKING -PERMIT 0000 Month ::YEr. Temporary Parking Permit (Cardstock) n►,��ii►�n afar: TEMPORARY PARKING PERMIT 0000 Valid from to Issue Date: Issuer: EVERGREEN SPRINGS DRIVE LOST RIVER DRIVE BIRCH HILL DRIVE CAZADERO PLACE VIENTO VERANO DRIVE BROKEN ARROW DRIVE TAMBO PLACE FERN HOLLOW DRIVE PATHFINDER ROAD FALLOW FIELD DRIVE PASCO COURT TOTAL HOMES IN DISTRICT 1 AND 2 HOMES IN DISTRICT 1 HOMES IN DISTRICT 2 17 14 26 7 3 24 7 12 5 30 13 669 619 50 (< 4)%IT D CITY OF DIAMOND BAR APPLICATION FOR PARUNG PERMIT Please return to Diamond Bar City Hall, 21660 East Copley, Suite 190, with cash, check or money order for each permit (Annual/$15.00; Temporary/$5.00; 24 Hour/$5.00). The legal owner of the non-commercial, non -recreational vehicle must either reside at or be a visitor at the address shown on this form. All vehicles must have current license plates. This permit is revocable if the conditions of the application are violated. Permit (Please Check): New Renewal_ Replacement_ Name: Date: Address: Phone No.: Vehicle for Street Parking: License No. Make of Car: Year Color Type of Permit (Please Check): Annual Temporary24 Hour Reason for Requesting this Permit: (Why Vehicle can't be Parked Off Street) Statement to be Signed by Applicant: I Understand that 1. All parking areas should be utilized for parking before issuance of a permit. 2. If parking space is available at a later date, l should use it. 3. If I change my address or sell this vehicle, this permit becomes void. 4. If the permit is granted, the vehicle must be parked within 300 feet of my address. 5. The permit fee is non-refundable, if permit is not issued. Signature of Applicant Date For City Use Only: Permit Begins On: Expires On: Date Paid: Amount $ Permit Issued By: - Permit No.: PARKING PERMIT STANDARDS The parking permit(s) must be displayed at all times when a vehicle is parked 1. in the street. 2. A parking permit(s) shall only be displayed in a vehicle identified as "APPROVED" on the application and shall be non -transferable. 3. The parking permit(s) shall not be used on any approved vehicle when it is more than 300', from the applicant's residence. 4. The parking permit is not an authorization to violate any association, local, state or federal parking regulations. 5. The Annual Parking Permit must be affixed to the vehicle's rear-view mirror, and must clearly be seen from the driver's front window (windshield). Nothing shall be placed in the vehicle or on the glass which will obstruct the visibility of the permit from the street. 6. The Temporary Parking Permit must be affixed to the vehicle's rear-view mirror, and must clearly be seen from the driver's front window (windshield). Nothing shall be placed in the vehicle or on the glass which will obstruct the visibility of the permit from the street. 7. The Twenty -Four Hour Parking Permit (sticker) must be displayed on the left side of the rear bumper. Nothing shall be placed on the vehicle which will obstruct the visibility of the permit from the streetside of the vehicle. PERMIT APPLICANT QUALIFICATIONS 1. The applicant must be of legal age to operate a motor vehicle. 2. The applicant must possess a valid drivers license. 3. For an Annual Parking Permit, the applicant must have his/her principal residence within the City of Diamond Bar. 4. For an Annual Parking Permit, the applicant must reside at the address for which the permit is being applied. 5. For a Temporary and Twenty -Four Hour Parking Permit, if the applicant is a visitor, he/she must write the address where he/she is visiting. 6. The vehicle must be a non -recreational and non-commercial vehicle. 7. The property must be zoned for residential use. STATEMENT OF PERMIT QUALIFICATION I, the undersigned, certify that under the provisions of the City of Diamond Bar's Parking Permit Program I am entitled to the number of permits requested by this application. I have reviewed the Parking Permit Policies and Procedures Manual. I understand the regulations pertaining to the use of a parking permit, and I agree to comply with said regulations. Further, I understand that failure to comply with these regulations may result in some form of legal action by the City. Such action may include, but are not limited to, the revocation of any permits, issuance of parking citations, the filing of a criminal complaint or any combination of these actions. Applicant' s Signature Date PARKING PERMIT APPLICATION GUIDELINES These instructions are being provided to assist you in filling out the application form correctly, therefore, minimizing the processing time required to review your request. Incomplete or incorrect information will result in significant delays in completing the review process and will likely result in the denial of a parking permit. INSTRUCTIONS Permit - mark the appropriate box indicating whether this is a new permit, renewal of an existing permit, or a replacement of a lost or damaged permit. Applicant's Name - name of person requesting permit. Date - date application is submitted for review. Applicant's Address - residential address of person requesting permit (for an Annual Permit, the permit will be assigned to this address only). Phone No. - indicate telephone number where applicant can be reached during the day. Vehicle License No. - indicate the vehicle's license number. Vehicle Year - indicate the model year of the vehicle. , Vehicle Make - indicate the manufacturer of the vehicle to be permitted. Vehicle Color - indicate the color of the vehicle to be permitted. Type Of Permit - mark the appropriate box indicating whether this is an Annual, Temporary, or Twenty -Four Hour Permit. Reason For Requesting Permit - indicate why the vehicle cannot be parked off street. Applicant's Signature/Date - the person applying for the permit must sign and date the form. NOTICE Applicant assumes responsibility for the accuracy of all information provided on the application and compliance with all parking permit requirements. Should it be determined that any information is incorrect or the permit requirements are being violated after permit(s) have been issued, the City may suspend or revoke said permit(s). Applications which have not been completely filled out will be returned to the applicant for completion prior to issuance of any permits. 2 DEFINITIONS The following definitions have been developed to help clarify the intentions of the Parking Permit. These definitions shall apply only to this policy and may not be consistent with similar definitions in other City regulations. APPLICANT The person whose name appears on the parking permit application. For an Annual Parking Permit, the applicant must be a resident of Diamond Bar, reside at the address shown on the application, be in legal possession of the vehicle(s) for which a permit is being requested, and be of legal age to operate the vehicle. For a Temporary and Twenty -Four Hour Permit, the vehicle need not be registered to a resident of Diamond Bar. APPROVED VEHICLE Any non -recreational and non-commercial currently registered vehicle. The vehicle must be in compliance with the most current California Vehicle Code requirements for operating on public streets, and have as its primary function the transportation of people from place to place. MULTIPLE FAMILY RESIDENCE One or more structures containing a total of two or more dwelling units on a parcel of land and which was designed for and intended for use by two or more families. NON -ACCESSIBLE PARKING SPACE Those parking areas which are designed and intended for the parking of vehicles but are not actually available for parking due to actions by the property owner/tenant. Typically these actions would include, among other things, the conversion of garage or carport space to other uses, using the parking area for storage of goods or materials, construction of walls or fences across parking areas, storage/parking of non -approved vehicles in such a manner that they block access to other vacant parking spaces. PARKING AREA Those hard surface areas including garages, carports, driveways, and parking pads whose primary design and intended use is a place for vehicles to park. PERMIT OFFICER A member of the City staff designated to coordinate the day to day activities of the program. RECREATION VEHICLE Any vehicle which is designed for and intended to be used primarily for recreational purposes, or is being used for recreational purposes, including but not limited to such vehicles as motor homes, camping trailers, boats, or any type of vehicle designed for competitive racing. SINGLE FAMILY RESIDENCE A single structure containing one dwelling unit occupying a parcel of land and which was designed for and intended to be used by one family. STORED VEHICLE Any vehicle which remains standing in one approved parking space for seventy-two (72) hours or more without any evidence of being moved and providing some benefit to the owner. 4 PERMITS TYPES OF PERMITS The Parking Permit Program has established the "Annual Permit", the "Temporary Permit", and the "Twenty -Four Hour Permit" to provide a flexible permit process which serves the unique needs of various parking situations. Anyone considering applying for a permit should review .the permit descriptions below, and determine the most appropriate permit to address their specific situation. Applying for the wrong permit could result in a permit being declared null and void after it is issued. If there are any questions regarding which type of permit is appropriate for a specific situation, contact the Permit Officer, at (909) 396-5671. ANNUAL PERMIT The permit is for applicants who live on residential streets in specific designated areas, where parking is restricted. The permit does not supersede parking restrictions on street sweeping days and/or trash collection days. The annual permit is used to identify a vehicle which cannot park on private property due to a parking area which is not sufficiently large enough to meet the property owner/tenant's long term needs. This permit will be issued to the property based on the information provided on the application. The parking permit must be affixed to any approved vehicle at that address which is in compliance with all of the conditions and restrictions set forth in this manual. To apply for a permit the property owner/tenant must fill out an application and submit it along with the processing fee to the Permit Officer. The application will be evaluated for completeness and accuracy of the information provided, and those found to be acceptable will be processed. Upon completion of the processing, the permit will be mailed to the address on the application with instructions regarding the display of the permit. TEMPORARY PERMIT The permit is for applicants who live on residential streets, or for applicants who are visiting residents who live on residential streets, in specific designated areas, where parking is restricted. The permit does not supersede parking restrictions on street sweeping days and/or trash collection days. The Temporary Permit is used to identify a vehicle, which cannot park on private property due to a temporary condition which does not allow the available parking area to meet the property owner/tenant's needs. Typically, the Temporary Permit allows for use of the parking area when the applicant has visitors and when on-site parking is unavailable. To apply for a permit, the property owner/tenant must fill out an application and submit it along with the processing fee to the Permit Officer. The permit application will be evaluated for completeness and accuracy of the information provided and those found to be acceptable will be processed. Upon completion of the processing, a temporary permit (24 hours to 5 days) will be given to the applicant with instructions regarding the display of the permit. 24-HOUR PERMIT The parking of unattached trailers and boats is restricted citywide. Therefore, the Twenty -Four Hour Parking Permit is for applicants who wish to park an unattached trailer or boat on the public street. Typically, a Twenty -Four Hour Parking Permit allows for the loading/unloading of trailers and boats on any public street for a period not to exceed 24 hours. The permit does not supersede parking restrictions on street sweeping days and/or trash collection days. To apply for a permit, the property owner/tenant must fill out an application and submit it along with the processing fee to the Permit Officer. The permit application will be evaluated for completeness and accuracy of the information provided and those found to be acceptable will be processed. Upon completion of the processing, a Twenty -Four Hour Parking Permit will be given to the applicant with instructions regarding the display of the permit. PERMIT PROCESS Any person of legal age to operate a motor vehicle who is a resident of the City of Diamond Bar may apply for an Annual Parking Permit. Any person of legal age to operate a motor vehicle who is either a resident of the City of Diamond Bar or who is visiting a resident of the City of Diamond Bar, may apply for a Temporary or Twenty -Four Hour Parking Permit. The applicant should evaluate the different types of permits and complete an application form for the permit which meets their specific need. The completed form along with the processing fee and any required deposit may be hand delivered Monday -Friday between the hours of 8:00 a.m. to 5:00 p.m. to the Permit Officer in the Public Works Division at the City of Diamond Bar, 21660 E. Copley Drive, Suite 190, Diamond Bar, CA 91765. All applications received will be evaluated for completeness and accuracy of the information related to the type of permit requested. Those applications not found to be complete will be rejected and the applicant informed of the reason(s) for the rejection. The applicant may submit a revised application for re-evaluation. When an application is determined to be complete, the permit(s) requested will be presented to the applicant or mailed to the address to which it has been assigned. The Annual, Temporary, and Twenty -Four Hour Parking Permits may be displayed on the approved vehicle at that address in accordance with the established standards for displaying the permit. Proper placement and attachment of the permit shall be the responsibility of the applicant. Failure to properly display the permit may result in a citation being issued. Should a permit be lost, stolen, damaged, or defaced during the period of time for which it was issued, the original applicant may apply for a new permit. The applicant shall verify that the information on the original application is still accurate or provide information regarding any changes in status. Upon paying the replacement fee the replacement application will be processed and a new permit issued. 6 PARKING PERMIT QUALIFICATION CRITERIA The following criteria has been established as the requirements for qualification of any individual and property desiring to obtain a parking permit to park on any public street. General The applicant must be of legal age to operate a motor vehicle. 2. The applicant must have a valid drivers license. For an Annual Parking Permit, the applicant must reside at the address for which the permit is being applied. For a Temporary and Twenty -Four Hour Parking Permit, the applicant must either reside at the address for which the permit is being applied, or must be visiting a resident at the address for which the permit is being applied. 4. Only properties zoned for residential use shall be eligible for a permit. Properties zoned for residential use but occupied by some other use shall not be entitled to any permit. 7 PARKING PERMIT RESTRICTIONS The following restrictions have been established for the use and display of parking permits on any vehicle which is parked on any public street. The permit shall be displayed in accordance with the Permit Display Standards. 2. The permit shall only be displayed on the vehicle identified as approved during the application review process. 3. The permit shall only be displayed on a vehicle when the vehicle is within 300 feet of the property to which the permit is assigned. 4. The permit shall not be transferred to or used in conjunction with any property except the property to which it is issued. S. The permit shall not authorize the applicant or any other individual to violate any other parking regulations adopted by any other governing body including any homeowner association, local, state or federal agency. 6. The permit shall be valid for the time period indicated on the permit unless a written notice is given by the City of Diamond Bar changing the time period. 7. The permit shall not be valid until all required fees established by the City Council have been paid. 8. The maximum number of permits which will be issued to an address shall be as follows: a) single family residence - 2 permits b) each multi -family residence unit - 1 permit C) for temporary and 24-hour permits there is no limit to the number of permits that may be issued. However, each request will be considered separately and each request must comply with all of the permit requirements stated above. d) requests for additional permits will be evaluated to establish need prior to issuance of additional permits. PERMIT DISPLAY STANDARDS The following standards have been developed to define how and where the permit must be displayed. Failure to comply with these standards could result in the issuance of a parking citation even though a property has been issued a permit and the permit may be within the vehicle. The requirements for display include: The parking permit must be continuously displayed in the vehicle while it is parked on any public street within the neighborhood to which the permit is assigned: 2. The Annual and Temporary Parking Permit shall be considered displayed when it complies with all of the following criteria: a) the permit is affixed to the rear-view mirror. b) nothing is placed in or on the vehicle which will obscure the visibility of the permit from the front side of the vehicle. C) nothing shall be done to the permit to deface or obscure the permit. The Twenty -Four Hour Parking Permit shall be considered displayed when it complies with all of the following criteria: a) the permit is located on the left side of the rear bumper. b) nothing is placed in or on the vehicle which will obscure the visibility of the permit from the street side of the vehicle. C) nothing shall be done to the permit to deface or obscure the permit. 4. Display of a permit which has expired or been declared null and void may result in the issuance of a citation. PERMIT REVOCATION PROCEDURE (a) Any permittee who has violated the provisions of subsections (b), (c) or (d) of section 10.16.1310 shall be subject to having the permit revoked, and shall be notified in writing of the permit revocation. Upon notification of such revocation, the permittee shall, within 15 working days of receipt of such notice, either surrender the permit to the city engineer or request, in writing, a hearing before the city engineer or designated representative. (b) A timely request for a hearing made within 15 days of the receipt of the notice of revocation shall stay any revocation until five working days after the hearing decision is rendered. (c) A hearing shall be held by the city engineer or designated representative, unless continued by agreement, within five working days of the request for a hearing. At the hearing, any person may present evidence or argument as to whether the permittee has violated any provisions of this division and whether the permit should be revoked. (d) A decision shall be rendered, by the city engineer or designated representative within five working days after the close of the hearing. (e) The city engineer or designated representative may give oral notice of the decision at the close of the hearing, or may send notice of the decision by mail to the permittee. The decision of the city engineer or designated representative shall be final and conclusive. (f) If the revoked permit is not rendered, the sheriffs department shall be notified so that appropriate enforcement action may be taken against the vehicle with the revoked permit the same as any other vehicle parking in the district without the permit. 10 EXHIBIT "A" PARKING PERMIT FEES New annual permit application $15.00 New temporary permit application $5.00 New 24 hour permit application $5.00 Replacement permit application $5.00 Appeal process $30.00 11 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. �. Z TO: Honorable Mayor and Members of the City Council MEETING DATE: January 19, 1999 REPORT DATE: January 13, 1999 FROM: Terrence L. Belanger, City Manager TITLE: PUBLIC HEARING AND CONSIDERATION OF THE 1999-2000 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM SUMMARY: The City scheduled a public hearing to discuss programs and the allocation of Community Development Block Grant (CDBG) funds. The City will receive $372,858 in federal funds as a participant in the 1999-2000 Los Angeles Urban County CDBG Program. In addition, the City has $29,764 in unallocated funds, for a total allocation of $402,622. The funds may be used for a variety of Community Development activities which develop a viable urban community, principally for persons of low and moderate income levels. The City may only allocate 15% or $55,929 of the 1999-00 allocation towards community public service programs. The purpose of the public hearing is to solicit public testimony and to have presentations from public service organizations and residents requesting funds. RECOMMENDATION: It is recommended that the City Council open the public hearing, receive testimony and adopt Resolution 99 -XX "A Resolution Approving the City's Community Development Block Grant Program for Fiscal Year 1999-2000", and authorize the City Manager to execute all CDBG documents required for the implementation of the program. LIST OF ATTACHMENTS: X Staff Report X Public Hearing Notification Resolution(s) _ Bid Specification Ordinance(s) X Other: CDBG Proposals 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? N/A _ Yes _ No 3. Has environmental impact been assessed? N/A _ Yes _ No 4. Has the report been reviewed by a Commission? _ Yes X No 5. Are other departments affected by the report? X Yes _ No Report discussed with the following affected departments: REVIEWED BY Terre6e L. Bela r Ja es DeStefan Kellee A. Fritzal City Manager Deputy City Manager Assistant to City Manager CITY COUNCIL REPORT MEETING DATE: January 19, 1999 Agenda No. TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manger SUBJECT: PUBLIC HEARING AND CONSIDERATION OF THE 1999-2000 COMMUNITY DEVELOPMENT BLOCK GRANT ISSUE STATEMENT As required by Federal regulations the City must solicit public participation through advertisements and public hearings prior to the adoption of the Community Development Block Grant program. RECOMMENDATION It is recommended that the City Council open the public hearing, receive testimony and adopt Resolution 99 -XX "A Resolution Approving the City's Community Development Block Grant Program for Fiscal Year 1999-2000", and authorize the City Manager to execute all CDBG documents required for the implementation of the program. FINANCIAL SUMMARY Approval of the 1999-2000 CDBG budget will be incorporated into the 1999-2000 City budget. The CDBG Program does not impact the General Fund budget of the City. BACKGROUND The City of Diamond Bar, through a Cooperative Agreement, is part of the Los Angeles County Community Development Commission - Community Development Block Grant (CDBG) program. The CDBG program was established through the Housing and Community Development Act of 1974. The primary program of each grantee under the Act must involve the development of viable urban communities, by providing decent housing and a suitable living environment and expanding economic opportunities, principally for persons of low and moderate income. The use of CDBG funds must meet at least one of the following primary national objectives: Benefitting low and moderate income persons; or Addressing slums or blight; or Meeting a particular urgent community development need. Page Two CDBG Report The projects must also meet one of the eligible activity categories: Acquisition of real property for an eligible use; Acquisition, construction, and rehabilitation of public facilities; Demolition and clearance of deteriorated buildings; Community service for low -and moderate -income households; Removal of barriers that restrict the mobility for elderly or handicapped persons or: Special economic development activities. CDBG funds may be used for a variety of community development activities such as public services, administration and public works projects. The funds may only be used within low and moderate income census tracts (of which the City has none) and/or to benefit low and moderate income persons and/or presumed eligible persons. The City's approved projects and budget must be submitted to the Los Angeles CDC by February 1, 1999. The City of Diamond Bar's projects and budget will ultimately become part of the Los Angeles County's CDBG program application to the U.S. Department of Housing and Urban Development (HUD). DISCUSSION Of the City's total allocation, a portion (15%) may be allocated towards community service projects. Due to the Los Angeles Riots, there was a five (5) year exception to the 15% public service cap, increasing it to a 25% public service cap. The 25% public service cap exception reached the sunset clause in Fiscal Year 1997-98. The Federal Government authorized the Greater Los Angeles Area to utilize a 25% Public Service Cap for the 1999-2000 year. However, the authorization included the requirement that a nexus be developed and a report forwarded to HUD regarding the Los Angeles Riots and the program funded with the additional 10% Public Service. There have been two interpretations of the legislation, and the length of the additional Public Service Cap. Was the legislation for 1998-99 or for the year 1999-2000? The County is trying to clarify the Public Service Cap when and if, HUD, makes a determination for Los Angeles County. The Community Development Commission has informed cities to plan on a 15% Public Service Cap. Local cities and the County of Los Angeles have been lobbying to create the permanent retention of the 25% public service cap with no additional reporting requirements. In addition, the League of California Cities is recommending additional flexibility in the use of all CDBG funds. The City sent out a Request For Proposals to all interested organizations and placed legal advertisements "Notice of Availability of CDBG Funds". Based on the proposals received by agencies and City Departments, past history of applicants and the availability of funds, funding recommendations have been developed. Prior to a project being funded, eligibility is determined and the subrecipients must meet the Federal regulations/requirements. The regulations include determining eligible of participants, submitting back-up financial documentation, and retention of all records for a three year Page Three CDBG Report period. The City provides support to the projects that receive funding with technical assistance and monitoring to insure compliance. The City is responsible for overseeing the operations of all the subrecipients' supported activities including compliance with all applicable Federal requirements and performance goals. As part of the application process, the City must describe the programs which are currently being implemented and how the programs are meeting the goals and objectives that have been established by the City. CURRENT 1998-99 CDBG PROJECTS AND ALLOCATION YMCA Childcare ($15,000) To provide after school childcare for twenty (20) families monthly. To date, the YMCA has provided childcare for an average of twenty (20) children monthly. Currently, the YMCA will expend all the funds by March; however, they will continue to serve the children. YMCA Summer/Off Tract ($6,500) To provide summer/off tract day camp for up .to twenty (20) families monthly. This project has expended all of the allocated funding twenty-three (23) families were provided summer day camp. The YMCA expended all funds by the month of August and could not provide CDBG funded services to the Armstrong Day Camp and Christmas Camp. City Senior Program ($34,115) To provide senior activities, classes, referrals and special events to seniors. The City provides various senior activities, including insurance to various senior clubs, and truck rental for food distributions. Project Administration ($37,077) To provide program support to all projects including monitoring, required reporting, and Davis -Bacon construction compliance. Sidewalk Installation 97 ($100,000) Installed sidewalks along Golden Springs Drive Adel to Copley Avenue. Handicap Access Ramps 97 ($8,250) Installed handicap access ramps at intersections along Brea Canyon Road and Golden Springs which did not meet the ADA requirements. Park Retrofit 97 ($225,000) To provide plans and specifications for Ronald Reagan and Heritage Parks and construction of Heritage Park ADA improvements. Plans and Specifications have been developed, and the bids will be opened on January 19, 1999. Page Four CDBG Report Handicap Access Ramps 98 ($100,000) To provide 89 Handicap Access Ramps at various intersections along the path of travel to Diamond Bar school locations. The City has developed a Request For Proposals to hire a Consultant to design the plans and specifications. Minnequa Landslide Emergency Assistance ($110,000) The City received approval in November, 1998 for Interim Assistance of the landslide, which affected five lots on Minnequa and Sunset Crossing. The City retained a soils/geotechnical engineer consultant to perform the necessary study to develop plans and specifications for the repair of the landslide. The consultant prepared the preliminary report and is currently developing plans and specifications. Funds which are not utilized in the prior year's program will be carried over into a contingency fund which can be reprogrammed into the 1999-2000 program year. PROPOSED PROJECTS AND ALLOCATIONS FOR THE 1999-2000 PROGRAM YEAR In planning for the 1999-2000 CDBG process the City published public notice to announce the availability of CDBG funds, and mailed letters and applications to all existing subrecipients and interested parties requesting proposals for use of the CDBG funds. Due to limited available funding in the public service category, staff recommends providing funding to three projects with the available 15% allocation. However, if the public service cap is increased to 25%, staff would recommend funding for additional projects. The funding for the additional 10% public service cap would be from the Handicap Access Ramp project. The City has allocated $250,000 from the 1998-99 Program year towards the construction of a senior/community center. It is recommended that in Program Year 1999-2000 $150,000 be allocated towards the constructions of the senior/community center for a total of $400,000. Based upon Federal regulations, CDBG funds must be allocated and spent within three years. In addition, Cities are strongly encouraged by the Community Development Commission to allocated all monies as soon as feasible. The Community Development Commission does not recognize the "saving of funds for a future project as "allocating funds". To assist with the construction of public works, Cities can apply for a Section 108 Loan. A Section 108 loan will "front" the City the necessary funds with an agreement that the City will pay back the loan using future allocations of CDBG funding. Page Five CDBG Report Based upon the applications received, the subrecipents' past performance was reviewed, and eligibility of the proposed projects was determined. Based upon this review the following funding recommendations are recommended by staff: Public Service City Senior Program Request $51,594 Recommend $34,429 The City's senior program will include several of the activities and supplies as requested by the Diamond Bar Senior Club, Diamond Bar Chinese Association Seniors Sunshine Seniors Group . The City will provide insurance to all groups and truck rental for food distributions. The City will coordinate senior activities with all groups to ensure that programs are being offered to assist all seniors. Diamond Bar YMCA Childcare Requested $34,000 Recommend $15,000 To provide after school childcare for twenty (20) low and moderate income families monthly. The project allows for parents to work while their children are in a safe environment. The program has been very successful and meets all federal regulations. Diamond Bar YMCA Summer Camp Requested $15,000 Recommend $6,500 To provide summer/off-tract day camp for up to twenty (20) families monthly. This project provides summer camp and off -tract camp for low and moderate income families. The program has been very successful and meets all federal regulations. Project Sister Sexual Assault Prevention Requested $1,515 Recommend $0 To provide sexual assault prevention education to seniors. The City has funded this program for two years. Last year an alternative program was funded from State COPS funding. The City would recommend that the $1,515 be funded from the State COPS funds. Service Center for Independent Living Requested $5,000 Recommended $0 To provide for independent living services, newsletter, and community forums on disability issues. This is an eligible project; however, due to limited funding staff does not recommend funding at this time. Sub -total Requested $107,109 Recommended $55,929 Page Six CDBG Report Administration Program Administration Requested $37,285 Recommended $37,285 To provide overall CDBG program administration including contract compliance services. Sub -total Requested $37,285 Public Works Handicap Access Ramps Requested $100,000 Recommended $37,285 Recommended $81,908 To provide Handicap Access Ramps at various intersections along the path of travel to Diamond Bar school locations. Park Retrofit Requested $180,000 Recommended $20,000 The request is for ADA Retrofit at Sycamore Canyon Park at $20,000 to provide plans and specifications and $160,000 for the construction. It is recommended that this become a two-year project with design plans and specifications funded this year and construction funded next year. Paint the Town Requested $7,500 Recommended $7,500 To assist the Diamond Bar Improvement Association in the rehabilitation of six homes. Senior/Community Center Requested $150,000 Recommended $150,000 To provide for the saving of CDBG funds for the construction of a senior/community center. Minnequa Landslide Recommended $50,000 The City has approved $110,000 for the investigation and development of plans and specifications. To date the City has allocated $30,000 for the soils report and plans and specifications. The construction would be approximately $100,000. Due to the estimated cost, the City would need an additional $50,000 for the construction, inspections, and videography. Sub -total Requested $543,140 Recommended $309,408 TOTAL REQUESTED $687,534 RECOMMENDATION $402.622 Page Seven CDBG Report CONCLUSION The purpose of the public hearing is to solicit public testimony and receive presentations from the public service organizations requesting funds. It is an opportunity for the City Council to question the proposed public service organizations, as well as City staff, regarding the applications under consideration. The public hearing has been advertised in the San Gabriel Tribune and the Daily Bulletin. Attachments Matrix of Projects/Recommended Funding Resolution 99 -XX CDBG Project Applications RESOLUTION 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR FISCAL YEAR 1999-2000 WHEREAS, on August 22, 1974, the President of the United States signed into law the Housing and Community Development Act of 1974 (Act); and WHEREAS, the primary goals of Title I of the Act are the development of viable urban communities by providing decent housing and a suitable living environment, and expanding economic opportunities, principally for persons of low and moderate income; and WHEREAS, the City of Diamond Bar has received notification of the availability of $372,858 in federal Community Development Block Grant (CDBG) funds to further the attainment of these goals during Fiscal Year 1999-2000; and WHEREAS, the City has $29,764 in CDBG funds from previous fiscal years that need to be allocated to specific projects/programs; and WHEREAS, suggestions have been requested from residents, community organizations, City Departments for the utilization of these funds; and WHEREAS, the City has published information regarding eligible activities under the Act and met with all interested groups and conducted a public hearing to solicit comments and suggestions from the community for the utilization of these funds. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond Bar as follows: Section 1. The funding allocation for the 1999-2000 CDBG Program year shall be: Public Service City Senior Program YMCA Childcare YMCA Day Camp Administration Public Works $34,429 $15,000 $ 6,500 ADA Access Ramps $ 81,908 ADA Park Retrofit $ 20,000 DBIA Paint the Town $ 7,500 $55,929 $37,285 $309,408 Senior/Community Center $150,000 Minnequa Landslide $ 50,000 Section 2. That the City Manager is authorized and directed to submit the City's final Cost Summary for Fiscal Year 1999-2000 to the County of Los Angeles, reflecting the funding allocations set forth herein. Should the City's final allocation vary by more than twenty-five percent (25%) from the figures contained herein, the City Manager is authorized to allocate the additional funds to eligible activities. Section 3. That the City Manager is authorized to execute the contractual and related documents to be prepared by the County of Los Angeles that are required for the implementation of the projects/programs set forth herein. Section 4. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED, AND ADOPTED this th day of 1999. Mayor I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, California do hereby certify that the foregoing Resolution Number 99- was duly and regularly passed and adopted by the City Council of the City of Diamond Bar, California, at its adjourned regular meeting held on the day of , 1999, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Lynda Burgess, City Clerk City of Diamond Bar, California CITY OF DIAMOND BAR COMMUNITY DEVELOPMENT BLOCK GRANT 1999-00 PROGRAM YEAR 99-00 CDBG Allocation $ 372,858. Unallocated CDBG funds $29,764 Total Estimated Allocation $402,622 Service 1998-99 Requested Staff City Council -..Agency Provided Allocation Funds Recommendations Allocation City of Diamond Bar Senior $34,115 $51,594 $34,429 Services Diamond Bar/Walnut Child Care $15,000 $34,000 $15,000 YMCA Day Camp $6,500 $15,000 $6,500 Project Sister Prevention $0 $1,515 $0 for seniors Service Center for Disability $0 $5,000 $0 Independent Living Services Sub -total $55,615 $107,109 $55,929 $0 City of Diamond Bar Admin. $37,077 $37,285 $37,285 Sub -total $37,077 $37,285 $37,285 ..,E 34 Eng/Public Works Sidewalks 97 $100,000 $0 $0 Eng/Public Works Ramps 97 $8,250 $0 $0 Ramps 98 $100,000 $0 $0 Ramps 99 $105,640 $81,908 Community Service Park Retro 97 $225,000 $0 Park Retro 98 $150,000 $0 Park Retro 99 $180,000 $20,000 Diamond Bar Paint the $6,000 $7,500 $7,500 Improvement Assoc. Town Senior/Community Encumbrance $250,000 $250,000 $150,000 Center Minnequa Landslide Emergency $56,100 $50,000 $50,000 (total authorized $110,000) $53,900 Sub -total $949,250 $543,140 $309,408 Interoffice M E M O R A N D U M To: Kellee Fritzal, Assistant To The City Manager j From: Bob Rose, Community Services Director Date: January 5, 1999 Re: CDBG Request A. Senior Program Request: Please find attached the back-up documentation for the Senior Program CDBG request for FY 1999/2000. Following is the summary of the Senior Program request (Please note that some items were added during meetings with the senior organizations. The added items are listed in the summary below, but are not in the back-up information): I. City Senior Program: a. Special Events $ 3,570 b. Excursions $ 4,004 c. Senior Coordinator $32,100 Sub -total $39,674 II. Diamond Bar Chinese Association Seniors: a. Insurance $1,000 b. Visit Sick/Elderly $ 500 c. Medical Seminars $ 500 d. English Language Classes $1,000 e. Mixers with other Seniors $1,000 f. Travel Programs $1,000 Sub -total $5,000 III. Sunshine Seniors Group: a. Medical Seminars $1,000 b. Travel Program $1,000 c. English Classes $1,000 d. Insurance 1,000* Sub -total $4,000 IV. Diamond Bar Senior Club: a. Liability Insurance $1,000** b. Diamond Bar Chamber $ 120 of Commerce Dues c. Misc. Supplies $1,000 d. Truck Rental 800* Sub -total $2,920 * Added item (not on back-up documentation) ** Different Amount (Higher than on back-up documentation) Grand Total Senior Program Request $51,594 B. Public Works Request For Community Services: I. Design of ADA Retro -fit for Sycamore Canyon Park $ 20,000 II. Construction of ADA Retro -fit of Sycamore Canyon Park $160,000 Grand Total Public Works Request $180,000 Please let me know when we can meet to discuss this CDBG funding request. cc: Jim DeStefano, Deputy City Manager CITY OF DIAMOND BAR COMMUNITY DEVELOPMENT BLOCK GRANT REQUEST FOR PROPOSALS 1999-2000 PROGRAM YEAR Funding is contingent upon the project's eligibilityunder the 1974 Housing and Community Development Act as amended. This application must be completed, and supplemental information regarding the organization and proposed project may be attached. APPLICATION DEADLINE: January S. 1999 S: MP m. APPLICATION SUMMARY Organization: City of Diamond Bar Project Name: Senior Programming Amount Requested: 3WA Location of Project: 2900 S. Brea Canyon Road (Heritage Park Community Center) Funds would be used to: Conduct Senior programming that will enrich the lives of local Seniors. Activities that would include information referrals, meals, dances, classes, movie days and craft classes. GENERAL INFORMATION Organization Address: 21660 E. Copley Dr., Ste 100 City: Diamond Bar Telephone/Fax Number: 909/396-5694 E-mail Address: bob.rose@ci.diamond-bar.ca.us Contact Person/Title: Bob Rose, Community Services Director Officials authorized to represent organization and expend funds: Name: . Wang Chang Name: Terrence L. Belanger Federal I.D. Number/Non-Profit Status: Title: Mayor Title: City Manager Page Two CDBG Application This application is proposing a new _ existing X project. (check) Has the project received past funding from the City of Diamond Bar? yes If yes, please identify the year/amount and source of funding: $34,115.00 C.D.B.G. 1998/99 GOALS AND OBJECTIVE OF PROJECT Provide a detailed description of the proposed project by describing precisely what is to be accomplished with the requested funds. Provide daily senior drop-in programs for up to 160 per day. Develop and conduct a variety of recreation classes and programs for Seniors on a pay -for service basis, which meets the diverse needs of the seniors in Diamond Bar. Develop and conduct referral service based on requests of seniors in Diamond Bar. Describe the specific purpose of the project, identify the problems the project is intended to solve, and the age group of those to be served. Meet the special recreational and human service needs of a diverse group of seniors with a variety of needs and diverse cultural backgrounds. The age group to be served would be seniors 55 years of age and over. Identify and describe the geographic boundaries of the target area. (attach a map if appropriate). The primary area of service is the City of Diamond Bar. However, the make-up of current senior programs in the city indicates there is some service provided to residents of adjacent communities. Page Three CDBG Application PROJECT CLIENT PROFILE Diamond Bar clients assisted in previous year: 180 Diamond Bar clients assisted which meet the low/moderate income requirements: Diamond Bar clients expected to be assisted in new project year 200 Describe the characteristics of client population in target area, including age, sex, income level, and ethnic background. Relate how the project will meet the federal requirement of benefitting low/moderate income persons: Seniors 55 years of age and over, variety of ethnic backgrounds (ie: 20% Asian/Americans, 60% Caucasion, 20% other). The percentage of females served should be a little higher than males - 86% female and 14% male. Is your organization familiar with the CDBG reporting requirements? yes FINANCIAL INFORMATION Please attach a proposed budget of the project. Include all items that CDBG funds are being requested to be used for. Include all other sources of funding and the total budget of the organization. I hereby certify that if funds are granted to our organization they will be used to benefit low/moderate incom residents of the City of Diamond Bar. We understand that the formal agreement withAieXitV will define other reporting provisions and federally required assurances. Signature: Title: Date: i IC- 1999 - 2000 Budget Process Senior Program Events AUGUST HAWAIIAN LUNCHEON DANCE Estimated Attendance: 90 Seniors Dinner $4.00 P.P. 360.00 Entertainment 150.00 150.00 Decorations/papergoods =C0.00 100.00 TOTAL REVENUE CDBG 3.00 P.P. 610.00 270.00 340.00 OCTOBER: HALLOWEEN PARTY Lunch 5.00 P.P. 450.00 Entertainment 100.00 100.00 Decorations/Papegoods 10D.00 100.00 TOTAL 650.00 REVENUE 3.00 P.P. 270.00 CDBG 380.00 DECENIDER: CHRISTMAS BREAKFAST Breakfast 5.00 P.P. Entertainment 250.00 Decorations 60.00 TOTAL REVENUE CDBG 3.00 P.P. 450.00 250.00 60.00 760.00 270.00 490.00 FEBRUARY: VALENTINE LUNCHEON Lunch 5.00P.P. 450.00 Entertainment 200.00 200.00 Decorations 60.00 60.00 TOTAL 710.00 REVENUE 4.00 P.P. 360.00 CDBG 350.00 MAY: MOTHER'S DAY LUNCHEON Dinner: 5.00 P.P. 45C.00 ENTERTAINMENT: 100.00 100.00 Papergoods 75.00 75.00 TOTAL 625.00 REVENUE 3.00 P.P. 270.00 CDBG 355.00 JUNE: FATHER'S DAY WESTERN LUNCHEON Lunch 5.00 450.00 Entertainment 100.00 100.00 Decor./papergoods 75.00 75.00 TOTAL 625.00 REVENUE 3.00 P.P. 270.0C CDBG 355.00 FRIDAY BINGO (52) FRIDAYS BINGO CARDS 1,000.00 REFRESHMENTS 500.00 TOTAL 1,500.00 REVENUE (CARDS) SENIOR CLUB PAYS 500.00 CDBG 1,000.00 CRAFT CLASSES SUPPLIES 300.00 CDBG 300.00 GRAND TOTAL ESTIMATED 5780.00 REVENUE 2210.00 CDBG 3570.00 1999 - 2000 Senior Excursion Proposal 44 Attendance July Candlelight Pavilion Package 36.00 p.p. Prop A 425.00 Revenue Per Person 22.00 CDBG $616.00 August: Del Mar Thoroughbred Horse Races Package 19.00 P.P. 836.00 Prop A 302.40 Revenue Per Person 15.00 CDBG $176.00 September: Danish Days In Solvang Package 22.00 p.p. Prop A 302.00 Revenue Per Person 11.00 CDBG $484.00 1584.00 968.00 660.00 968.00- 484.00 October: Julian Package Prop A Revenue Per Person CDBG $308.00 19.00 P.P. 836.00 302.40 $12.00 528.00 December Palm Springs Follies Package 43.00 P.P. 1892.00 Prop A 457.00 Revenue Per Person 30.00 1320.00 CDBG $572.00 December Christmas Is... Package 26.00 p.p. 1144.00 Prop A 371.00 Revenue Per Person 22.00 968.00 CDBG $176.00 January Pechanga Entertainment Center -Temecula Package No Fee No Fee Prop A None Revenue Per Person 4.00 176.00 CDBG None February Lawrence Welk Theatre Package 31.00 p.p. 1364.00 Prop A 302.40 Revenue Per Person 19.00 836.00 CDBG $528.00 March White House Luncheon at The Reagan Presidential Library Package 34.00 1496.00 Prop A 370.00 Revenue Per Person 23.00 1012.00 CDBG $484.00 April Santa Anita Horse Races Package 15.00 p.p. 660.00 Prop A 371.00 Revenue Per Person 15.00 660.00 CDBG 0 may The Citrus Singer's Springtime Spectacular "00" Package 26.00 p.p. 1144.00 Prop A 371.00 Revenue Per Person 19.00 836.00 CDBG $308.00 June The Getty Center with Lunch at Lawry's Package 30.00 p.p. 1320.00 Prop A 435.00 Revenue Per Person 22.00 968.00 CDBG 352.00 GRAND TOTAL ESTIMATED EXPENSES 13, 420.00 TOTAL REVENUE 9,416.00 C.D.B.G. 4,004.00 TOTAL PROP. A 4,009.20 d� 1tv CITY OF DIAMOND} -B -D COMMUNITY DEVELOPME P11� BLS( CC GR�NT REQUEST FOR PROPOSALS 1999-2000 PROG"-ARJ� a :, a v fC �LS Funding is contingent upon the project's eligibility under the 1974 Housing and Community Development Act as amended. This application must be completed, and supplemental information regarding theorganization and proposed project may be attached. APPLICATION DEADLINE. ,Lanuaa 5.1999 S: 00 p. m. APPLICATION SUMMARY Organization: Project Name: Location of Project: Funds would be used to: Amount Requested U i GENERAL INFORMATION Organization Address: /�/ 161 i►/Ga City• *�'�407t­ Telephone/Fax Number: ('�P& Contact Person/Title: E-mail Address: Officials authorized to represent organization and expend funds: Name: /$*W Title: zve gym) Name: ��� e1 lJCIL�ff�d'� Title:.4-�u,��it--� Federal I.D. Number/Non-Profit Status: Page Two CDBG Application This application is proposing a new //existing project. (check) Has the project received past funding from the City of Diamond Bar? If yes, please identify the -year/amount and source of funding: GOALS AND OBJECTIVE OF PROJECT Provide a detailed description of the proposed project by describing precisely what is to be accomplished with the requested funds. Describe the specific purpose of the project, identify the problems the project is intended to solve, and the age group of those to be served. Identify and describe the geographic boundaries of the target area. (attach a map if appropriate). Page Three CDBG Application PROJECT CLIENT PROFILE Diamond Bar clients assisted in previous year: - Diamond Bar clients assisted which meet the low/moderate income requirements: Diamond Bar clients expected to be assisted in new project year Describe the characteristics of client population in target area, including age, sex, income level, and ethnic background. Relate how the project will meet the federal requirement of benefitting low/moderate income persons: Is your organizatio iliac with the CDBG reporting requirements. FINANCIAL INFORMATION Please attach a proposed budget of the project. Include all items that CDBG funds are being requested to be used for. Include all other sources of funding and the total budget of the organization. I hereby certify that if funds are granted to our organization they will be used to benefit low/moderate income residents of the of Diamond Bar. We understand that the formal agreement with the City will define er repo, provisions and federally required assurances. Signature: Title: Date: CITY OF DIAMOND BAR COMMUNITY DEVELOPMENT BLOCK GRANT REQUEST FOR PROPOSALS 1999-2000 PROGRAM YEAR Funding is contingent upon the project's eligibility under the 1974 Housing and Community Development Act as amended. This application must be completed, and supplemental information regarding the organization and proposed project may be attached. APPLICATION DEADLINE: Jamar 5, 1999 5:00p -m. APPLICATION SUMMARY DIAMOND BAR CHINESE ASSOCIATION Organization: Project Name: CHINESE EVERGREEN SENIORS CLUB Amount Requested: $5,000.00 Location of Project: HERITAGE PARK - DIAMOND BAR Fends would be used to: 1. INSURANCE FOR ACTIVITIES $1,000 2. VISIT SICK & ELDERLY $500 3. MEDICAL SEMINARS $500 4. ENGLISH LANGUAGE CLASSES $1,000 5. MIXERS WITH OTHER SENIORS $1,000 6. TRAVEL PROGRAMS $1,000 GENERAL INFORMATION Organization Address: P. 0. BOX 5618 Telephone/Fax Number: 909-612-0151 DIAMOND BAR City: E-mail Address: N/A Contact Person/Title: MR. ANDREW HSU Officials authorized to represent organization and expend funds: Name: MR. ANDREW HSU Name: MR. LIN TIN KWANG Title: PRESIDENT Title: ©FF I c- t✓ C Federal I.D. Number/Non-Profit Status: NON-PROFIT ORGANIZATION Page Two CDBG Application This application is proposing anew — existing project. (check) Has the project received past funding from the City of Diamond Bar? . NO If yes, please identify the year/amount and source of funding: N/A GOALS AND OBJECTIVE OF PROJECT Provide a detailed description of the proposed project by describing precisely what is to be accomplished with the requested funds. PLEASE SEE ATTACHED PAPER LISTED ON PAGE 4 Describe the specific purpose of the project, identify the problems the project is intended to solve, and the age group of those to be served. PLEASE SEE ATTACHED PAPER LISTED ON PAGE 5. Identify and describe the geographic boundaries of the target area. (attach a map if appropriate). ALL SERVICE WILL BE PROVIDED TO SENIORS IN DIAMOND BAR Page Three CDBG Application PROJECT CLIENT PROFILE Diamond Bar clients assisted in previous year: 208 SENIOR MEMBERS Diamorid Bar clients assisted which meet the low/moderate income requirements: 208 MEMBERS Diamond Bar clients expected to be assisted in new project year 300 MEMBERS Describe the characteristics of client population in target area, including age, sex, income level, and ethnic background. Relate how the project will meet the federal requirement of benefitting low/moderate income persons: PLEASE SEE ATTACHED PAPER LISTED ON PAGE 6. Is your organization familiar with the CDBG reporting requirements? No FINANCIAL INFORMATION Please attach a proposed budget of the project. Include all items that CDBG funds are being requested to be used for. Include all other sources of -funding and the total budget of the organization. PLEASE PROVIDE A LIST OF CDBG FUNDING AND REPORTING REQUIREMENT FOR REFERENCE. I hereby certify that if funds are granted to our organization they will be used to benefit low/moderate income residents of the Ciof Diamond Bunderstand that the formal nf a agreement with the City will defiS; repoping provr=d federally required assurances. Signature: Title: 4 S t Date: mac=e . (s i 9 9 Y- Page Four 12-15-1998 CITY OF DIAMOND BAR COMMUNITY DEVELOPMENT BLOCK GRANT Submitted by Diamond Bar Chinese Association Provide a detailed description of the proposed project by describing precisely what is to be accomplished with the requested funds. 1. Insurance for activities: $1,000.00/annually 12 monthly meetings held at heritage park. 52 English language lessons to be held if grant is permitted 2. Visit sick & elderly: $500.00/annually 20 visits to seniors who are mentally or physically handicapped and need occasional visits by the Senior club members. 3. Medical Seminars: $500.00/annually To provide medical and health care related seminars in both Chinese and English; such as: High Blood Pressure, Take Care of Diabetes, Diet control, Back problems, How to eat healthy food, Alzheimer .... 4. English Language & American Cultural classes: $1,000.00/annually To provide weekly classes to Chinese Seniors so that they can learn English for daily conversation. Classes will include speaking, reading writing and comprehension. American Cultural classes will also be included in the language classes. 5. Mixers with other Seniors: $1,000/annually To meet with seniors with different ethnicity and background. To help seniors to make more friends within the neighborhood who speak different languages. 6. Travel Programs: $1,000/annually To provide educational and recreational programs with traveling. Such as the July 4th fireworks, Octoberfest, Thanksgiving Festival... Page Five 12-15-1998 Describe the specific purpose of the project, identify the problems the project is intended to solve, and the age group of those to be served. The projects are intended to serve the Chinese-American Seniors who are less proficient in English. There are 208 registered members in the Diamond Bar Chinese Seniors Club; 125 female and 84 male. They are all 55 years or older. This group of residents is relatively isolated from the community due to language barrier. The proposed project will help the Chinese Seniors, as one of the low/moderate income group in the city of Diamond Bar, on following aspects: * To help them to improve their English. * To improve their adaptation to the American life. * To acquire more information on the medical and health care related knowledge. * To enlarge their isolated social activities. Page Six 12-15-1998 Describe the characteristics of client population in target area, including age, sex, income level, and ethnic background. Relate how the project will meet the federal requirement of benefiting low/moderate income persons: Diamond Bar Chinese Senior Club is one of the three subdivisions of The Diamond Bar Chinese Association (DBCA). DBCA currently has 1,200 members who are all Diamond Bar residents, among which, 208 are seniors. Senior sex ratios are: 84 male members and 124 female members. All of them are over 55 years of age. All of them are retired, low income, or no income individuals. Ethnic background is Chinese -Americans. Senior Club was officially organized in 1993, with its own by-law and election of officers. They meet once a month at Heritage Park for monthly meetings, seminars, luncheon, birthday celebrations, and some bingo. The proposed project will help the Chinese Seniors, as one of the low/moderate income group in the city of Diamond Bar, on following aspects: * To help them to improve their English * To improve their adaptation to the American life. * To acquire more information on the medical and health care related knowledge. * To enlarge their isolated social activities. DIAMOND BAR SENIOR CITIZEN CLUB REQUEST FOR PROPOSAL 1998/2000 Liability Insurance $263.00 2. Diamond Bar Chamber of Commerce Membership Dues $120.00 3. Supplies for the Weekly Meetings $1000.00 Coffee, napkins, cups, paperplates, plastic silverware, cream, and sugar Total Request for 1999/2000 $17383.00 CITY OF DIAMOND BAR COMMUNITY DEVELOPMENT BLOCK GRANT REQUEST FOR PROPOSALS 1999-2000 PROGRAM YEAR Funding is contingent upon the project's eligibility under the 1974 Housing and Community Development Act as amended. This application must be completed, and supplemental information regarding the organization and proposed project may be attached. APPLICATION DEADLINE: January 5. 1999 5: 00 p. m. APPLICATION SUMMARY Organization: Diamond Bar/Walnut YMCA Project Name: After School Care Amount Requested: $34,000.00 Location of Project: 22600 Sunset Crossing Rd., Diamond Bar Funds would be used to: subsidize weekly enrollment fees for children ages 5-15 from low and moderate income families. Kindergarten fees are $75.00 per week, and 1-8 grades are $65.00 per week. Membership fees are $44.00 annually, equipment fees are $25.00 and registration fee is $15.00. GENERAL INFORMATION Organization Address: 22600 Sunset Crossing Road City: Diamond Bar 909-860-9622 Telephone/Fax Number: 909-860-3957 (FAX) E-mail Address: Contact Person/Title: Alison Meyers, Child Care Director �- 00 c.� Officials authorized to represent organization and expend funds: e Name: Jerry White Title: Branch Director Name: Paul Andresen General Director Title: - X Federal I.D. Number/Non-Profit Status: 95-1641976 Page Two CDBG Application This application is proposing a new _ existing y project. (check) Has the project received past funding from the City of Diamond Bar? Yes If yes, please identify the year/amount and source of funding: CDBG 1992/93 - $34,000; 1993/94 - $26,000; 1994/95 - $30,000; 1995/96 - $34,000; 1996/97 - $28,000; 1997/98 - $28,000; 1998/99 - 15,000. GOALS AND OBJECTIVE OF PROJECT Provide a detailed description of the proposed project by describing precisely what is to be accomplished with the requested funds. The requested funds will allow children from low and moderate income families to have a safe, quality, affordable and fun place to be during hours after school while parents are still at work. This project provides a necessary service to the community and families. The children are involved in activities that build character with values including respect, caring, responsibility, and honesty. Without these funds these children would be home alone. With no super- vision, they would not be safe and possibly could cause problems in the community. The funds requested go directly to pay program fees. Each family is required to make a partial payment with the larger portion paid through CDBG. The par- tial payment provides ownership and pride for participating families. Describe the specific purpose of the project, identify the problems the project is intended to solve, and the age group of those to be served. The children in this program are involved in healthy activities that help them grow with positive role models. They receive help with homework, perform community service projects, learn social and practial skills to be better members of our community. Identify and describe the geographic boundaries of the target area. (attach a map if appropriate). All of Diamond Bar. Page Three CDBG Application PROJECT CLIENT PROFILE Diamond Bar clients assisted in previous year: 37 Diamond Bar clients assisted which meet the low/moderate income requirements: 37 Diamond Bar clients expected to be assisted in new project year 55 Describe the characteristics of client population in target area, including age, sex, income level, and ethnic background. Relate how the project will meet the federal requirement of benefitting low/moderate income persons: The children we serve range in age from 5-15. Family incomes vary from low income ($10,757 - $17,950) to moderate income ($17,951 - $28,750). 46% of the children were girls, 54% boys. Ethnic background is as follows: 24% Caucasian, 38% Black, 22% Hispanic, 16% Asian. Is your organization familiar with the CDBG reporting requirements? Yes FINANCIAL INFORMATION Please attach a proposed budget of the project. Include all items that CDBG funds are being requested to be used for. Include all other sources of funding and the total budget of the organization. I hereby certify that if funds are granted to our organization they will be used to benefit low/moderate income residents of the City of Diamond Bar. We understand that the formal agreement with the Cid will define other reporting provisions and federally required assurances. Signature: Title: Date: /- --/- After School Budget 1998/99 Revenue Grants $34,000.00 Equipment Fee 600.00 Program Fees 125,149.00 Total Revenue $159,749.00 Expenses Salaries $94,223.00 Health Insurance/Retirement 4,500.00 Payroll Taxes/Worker's Compensation 13,925.00 Data Processing/Accounting 4,234.00 Supplies 4,200.00 Media 400.00 Telephone 1,200.00 Postage 242.00 License and Permits 1,200.00 Occupancy/Rent 8,200.00 Equipment Maintenance 3,500.00 Insurance 13,986.00 Program Advertising/Promotion 400.00 Food Cost - Program/Trans 8,450.00 Training Expense 1,000.00 Memembership Dues 200.00 Total Expense $159,860.00 Net (111.00) CITY OF DIAMOND BAR COMMUNITY DEVELOPMENT BLOCK GRANT REQUEST FOR PROPOSALS 1999-2000 PROGRAM YEAR Funding is contingent upon the project's eligibility under the 1974 Housing and Community Development Act as amended. This application must be completed, and supplemental information regarding the organization and proposed project may be attached. APPLICATION DEADLINE: January 5. 1999 5.-00-,2.m* APPLICATION SUMMARY Organization: Diamond Bar/Walnut YMCA Project Name: Low Income Day Camp Program Amount Requested: 15,000.00 Location of Project: Diamond Bar/Walnut YMCA, 22600 Sunset Crossing Road Funds would be used to: Financially assist low-income Day Camp program participants. GENERAL INFORMATION Organization Address: 22600 Sunset Crossing road City: Diamond Bar 909-860-9622 Telephone/Fax Number: 909-860-3957 ( Fax) E-mail Address: Contact Person/Title: Alison Meyers, Child Care Director Officials authorized to represent organization and expend funds: Name: Jerry White Title: Branch Director Name: Paul Andresen Title: General Director Federal I.D. Number/Non-Profit Status: 95-1641976 co r7 ca Cn N Page Two CDBG Application This application is proposing a new _ existing X project. (check) Has the project received past funding from the City of Diamond Bar? Yes If yes, please identify the year/amount and source of fundinCDBG 1992/93 - $11,674; 1993/94 - $11,500; 1994/95 - �_1 ; 1995/96 - $15,000; 1996/97 - $13,000; 1997/98 - $13,000; 1998/99 - $6,500. GOALS AND OBJECTIVE OF PROJECT Provide a detailed description of the proposed project by describing precisely what is to be accomplished with the requested funds. The Diamond Bar/Walnut YMCA provides families with a safe place and quality care for children of working and single parents. The requested funds will be used to subsidize the day camp fee of moderate to low income families in Diamond Bar. Each family is required to make a partial payment with the larger portion paid through CDBG. The partial payment provides ownership and pride for participating families. Day camp fees are $96.25 per week, membership is $15.00, equipment fee is $25.00 and registration fee is $10.00. The requested funds go directly to pay program fees. Describe the specific purpose of the project, identify the problems the project is intended to solve, and the age group of those to be served. We serve over 200 families in the area throughout the year. Day camp is for children going into kindergarten through eighth grade. Without day camp, these children would be at home as latch key kids. It solves the problem parents face with what to do with their children on year round programs, summer vaca- tion, winter and spring breaks. Our program is unique in that not only do we provide safe, healthy quality care, but we work with the whole family to build strong kids, strong families, and strong communities. We encourage participants to grow as a family unit and individuals to participate in values education, physical fitness, and community service they may not otherwise receive. The requested funds allow families from low or moderate incomes to participate in day camp. Identify and describe the geographic boundaries of the target area. (attach a map if appropriate). All of Diamond Bar. Page Three CDBG Application PROJECT CLIENT PROFILE Diamond Bar clients assisted in previous year: j32 Diamond Bar clients assisted which meet the low/moderate income requirements: #32 Diamond Bar clients expected to be assisted in new project year 50 Describe the characteristics of client population in target area, including age, sex, income level, and ethnic background. Relate how the project will meei the federal requirement of benefitting low/moderate income persons: Children's ages range from 5-15 years; 63% were boys, 37% were girls. Income ranges from low income ($10,751 - $17,950) to moderate income ($17,951 - $28,750). Ethnic backgroud is as follows: 19% Caucasian, 31% Black, and 25% Hispanic, and Asian 25%. Is your organization familiar with the CDBG reporting requirements? Yes FINANCIAL INFORMATION Please attach a proposed budget of the project. Include all items that CDBG funds are being requested to be used for. Include all other sources of funding and the total budget of the organization. I hereby certify that if funds are granted to our organization they will be used to benefit low/moderate income residents of the City of Diamond Bar. We understand that the formal agreement with the C,4y will define other reporting provisions and federally required assurances. Signature: Title:e�/ Date: Day Camp Budget 1998/99 Revenue Grants $15,000.00 Program Fees 68.186.00 Total Revenue $83,186.00 Expenses Salaries $43,454.00 Health Insurance/Retirement 3,531.00 Payroll Taxes 5,132.00 Data Processing and Accounting 1,871.00 Supplies $10,325.00 Telephone 633.00 Postage 289.40 Occupancy/Rent 2,582.00 License and Permits 250.00 Equipment Maintenance 1,000.00 Program Advertising/Promotion 150.00 Food Cost - ProgramTrans 4,980.00 Transportation Rental 2,500.00 Insurance 5,071.00 Training Expense 778.00 Membership Dues 83.00 Total Expense $ 82,629.00 Net ($ 557.00) 111 SEXUAL ASSAULT CR'SIS & PREVENTICN SERVICES December 29, 1998 Terrence L. Belanger City Manager City of Diamond Bar 21660 E. Copley Drive, Suite 100 Diamond Bar, CA 91765-4177 Dear Terry: P.O. BOX 621, CLAREMONT, CA 91711 2001 N. GAREY AVE., POMONA, CA 91767 24 HOUR HOTLINE. 909 -626 -HELP BUSINESS OFFICE: 909-621 1611) FAX NiJMBER: 901)-622 8180 Enclosed please find an application for a CDBG grant for the 1999-2000 Fiscal Year. Project Sister Sexual Assault Crisis & Prevention Services is pleased to present this proposal, as it has been our honor to serve the residents of the City of Diamond Bar for over 25 years. If there is any further information that you need please do not hesitate to contact me. We look forward to being able to discuss this proposal with representatives of the City of Diamond Bar. Sincerely, Linda Shestock Executive Director SH`VI NG, AZUSA, BALINVIN PARK, BASSET -I (HARIER OAK C 11\(), l.I.AnLN10N1', I ,AIN;1 I)IA �Mi1NI) IIA I. 117\ I,�%A t.LE NL)()RA, }I AC'IENI),1 HEI(,Il Iti YL)U51RY, IRWINIIALE. LA PIIF�N "TIS I.A VERNE. LYTI E. CRFFK, MONTCLAIR, MIIU%:T HALUY, ONTARIO POMONA, RANG: 110 ('UC AMON(:A K()V.I. ANI) 1!EI(AIT1, tiAN DIMAti, UI'_AND, VALI J)A WALNU WEST COVINA, WHITTILI: CITY OF DIAMOND BAR COMMUNITY DEVELOPMENT BLOCK GRANT REQUEST FOR PROPOSALS 1999-2000 PROGRAM YEAR Funding is contingent upon the project's eligibility under the 1974 Housing and Community Development Act as amended. This application must be completed, and supplemental information regarding the organization and proposed project may be attached. APPLICATION DEADLINE: January 5. 1999 S: 00 p. m. APPLICATION SUMMARY Organization: Project Sister Sexual Assault Crisis & Prevention Services Project Name: Senior Safety Program Amount Requested: 1 1 Location of Project: Diamond B a r Funds would be used to: Provide prevention education trainings to Senior Citizens in order to assist th ,r, to protect themselves, their homes and their possessions from scams perpetuated to exploit or injure them andfrom sexual assault. GENERAL INFORMATION Organization Address: 2001 N . Carey Ave. City: Pomona , Ca 91767 Telephone/Fax Number: 909-623-1619 E-mail Address: ContactPerson/Title: Linda Shestock, Executive Director Officials authorized to represent organization and expend funds: Name: Linda Shestock Title: Executive Director Name: Carolyn nom; nguPz, Title: AdTnJ rJ strat ve Assist- Federal scist Federal I.D. Number/Non-Profit Status: 5C)] ((-) (�) Page Two CDBG Application This application is proposing a new _ existing Xy project. (check) Has the project received past funding from the City of Diamond Bar? Y e s If yes, please identify the year/amount and source of funding: c D B G Funds 1995/96.1996/97.1997/98 GOALS AND OBJECTIVE OF PROJECT Provide a detailed description of the proposed project by describing precisely what is to be accomplished with the requested funds. utilizing a training booklet, other handouts, videos, whistles, sample locks and door/window locks, Project Sister will provide hands on training in avoidance of dangerous situations and potential assailants. While some physical resistance will be taught, the majority of the trainings will be focused on recognizing and avoiding perpetrators. Special emphasis will be placed on avoiding home intrusion robberies/assaults, making banking transactions, safety in their cars, safety in walking,safe use of public transportation I and other daily life activities to assist them to significantly reduce their vulnerability to assault, robbery and exploitation. Describe the specific purpose of the project, identify the problems the project is intended to solve, and the age group of those to be served. This project is designed to address the needs of senior citizens, one of the most vulnerable age groups to sexual assault, robbery, purse snatching, car jacking, burglary, and financial exploitation. Our goal is to address the dangers from perpetrators which may exist for seniors, helping them to look realistically at the potential risks and to help them empower themselves through simple tasks and changes in behavior to greatly reduce their risks of being assaulted, robbed or exploited. Identify and describe the geographic boundaries of the target area. (attach a map if appropriate). The geographic boundaries of this project include the city limits of the city of Diamond Bar. The trainings will be offered to senior citizen luncheon programs, senior living centers, seniors at churches or other meetings or environments where a majority of seniors congregate or live. Page Three CDBG Application PROJECT CLIENT PROFILE Diamond Bar clients assisted in previous year: 8 2 (3 2 other residents in other services) Diamond Bar clients assisted which meet the low/moderate income requirements: 82 seniors Diamond Bar clients expected to be assisted in new project year 1 o o seniors Describe the characteristics of client population in target area, including age, sex, income level, and ethnic background. Relate how the project will meet the federal requirement of benefitting low/moderate income persons: This project is for seniors who are automatically CDBG eligible due to their ages Is your organization familiar with the CDBG reporting requirements? Y e s FINANCIAL INFORMATION Please attach a proposed budget of the project. Include all items that CDBG funds are being requested to be used for. Include all other sources of funding and the total budget of the organization. I hereby certify that if funds are granted to our organization they will be used to benefit low/moderate income residents of the City of Diamond Bar. We understand that the formal agreement with City will define other reporting provisions and federally required assurances. Signature: Title: Executive Director Date: December 30, 1998 City of Diamond Bar Proposed Budget for Senior Citizen Safety Program Outreach & Education Coordinator $865 50 Hours @ 17.30 hr. Benefits @ 17.3% 150 Educational Materials, locks, $500 & whistles & video Total $1,515 Project Sister Sexual Assault Crisis and Prevention Services Revised Budget for 9899pro3Sheet6 12/16/98 1998-99 Fiscal Year Income Revised - 98/99 Budget OCJP 1996-97/1997-98 - OCJP 1997-98 (7/1/98-9/30/98) 49,489.00 OCJP 1998-99 (10/1198-6/3.0/99) 207,133.50 United Way 48,673.00 Pomona CDBG 9,500.00 Chino CDBG 2,000.00 West Covina CSBG - Claremont General Fund 11000.00 Montclair General Fund 1,700.00 Diamond Ontario _ 319,495.50 Program Service Fees 4,000.00 Friends of Project Sister 13,500.00 Board Pledges 4,000.00 Foundations/Corporate 20,000.00 Service Clubs 3,780.00 United Way Designated 500.00 Fund Raising Events 27,100.26 Investment Income 831.41 73,711.67 Total Income 393,207.17 Revised Budget for 9899pro3Sheet6 12/16/98 1998-99 Fiscal Year Project Sister Sexual Assault Crisis and Prevention Services 9899pro3Sheet6 12/16/98 Revised Budget for 1998-99 Fiscal Year Worker's Comp GVYI .YV 2,429.91 Health Insurance 18,720.00 41, 985.89 Consulting Fees Total Personnel 279,745.07 Accounting/Computer Consultant 5,000.00 Self Defense Teachers 3,000.00 Therapist 10,800.00 Bi -Lingual SpanishHotline Backup 4,800.00 Audit 2,675.00 26, 275.00 Operating Expenses Answering Service 5,500.00 Awards 500.00 Bank/Payroll Service Fees 500.00 Computer Equipment 10,000.00 Conference (OCJP) 650.00 Community Information 5,000.00 Crisis Intervention Supplies 2,000.00 Depreciation 21000.00 - Employment Ads 500.00 Equip Lease & Maint (Copier) 4,170.48 Equipment Repair 500.00 Insurance 4,500.00 Meeting Expense 1,000.00 Membership Dues 680.00 Mileage 3,400.00 Miscellaneous 1,000.00 Office Supplies 3,000.00 _ Postage 3,853.00 Prevention Program Supplies Printing 2,000.00 3,000.00 - Prior Year Expense Adjustment - Pub & Subscriptions 500.00 Rent -Main Office 14,800.00 Rent -Outreach Space - Special Event Expense 500.00 Telephone 5,000.00 Training-Staff/Board 2,000.00 Volunteer Recognition 1,200.00 ----- — ___ — Total Expenses P - 77,753.48 383,773.55 __ Net Income/Expense 9,433.62 9899pro3Sheet6 12/16/98 Revised Budget for 1998-99 Fiscal Year SERVICE CENTER FOR INDEPENDENT LIVING P.O. BOX 1296 CLAREMONT, CA 91711-1296 1-800-491-6722 December 17, 1998 Kellee Fritzal City of Diamond Bar 21660 E. Copley Dr. Suite 100 Diamond Bar, CA 91765-3117 Dear Ms. Fritzal: Enclosed please find SCIL's CDBG proposal and budget attachment. Please notify me if you need anything further (909)621-6722. Thank you for your assistance. I look forward to talking with you further. Sincerely, Carol :ane'Presi et/CEO 415 W. FOOTHILL BLVD SUITE 118& 120 CLAREMONT. CA 91711 (909) V()i(`F 963 WEST BADILLO STREET COVINA, CA 91722 (818j 967-0995 VOICE (818) 967-4401 TDD CITY OF DIAMOND BAR COMMUNITY DEVELOPMENT BLOCK GRANT REQUEST FOR PROPOSALS 1999-2000 PROGRAM YEAR Funding is contingent upon the project's eligibility under the 1974 Housing and Community Development Act as amended. This application must be completed, and supplemental information regarding the organization and proposed project may be attached. APPLICATION DEADLINE: January S. 1999 5:00,2. m. APPLICATION SUMMARY Organization: Services Center for Independent Living Diamond Bar Disability Project Name: Services & Education Proj ectAmount Requested: $ 5,000 963 W Badillo St. Covina Location of Project: 109 S Spring St. Claremont Funds would be used to: Provide direct services to persons with disabilities and conduct outreach and education activities concerning disability awareness and issues within Diamond Bar. GENERAL INFORMATION Organization Address: PO Box 1 296 City: Claremont 91711 (909)621-6722 Telephone/FaxNumber: ( 909 ) 445-0727 fax E-mail Address: scilclmt@tstonramp.com ContactPerson/Title: Cindee Feliz/Admin Officer or Carol Lane/CEO Officials authorized to represent organization and expend funds: Name: Carol Lane Name: Title: President/CEO Title: Federal I.D. Number/Non-Profit Status: 95-3536676/501(c)3 Page Two CDBG Application This application is proposing a new x existing project. (check) Has the project received past funding from the City of Diamond Bar? no If yes, please identify the year/amount and source of funding: N/A GOALS AND OBJECTIVE OF PROJECT Provide a detailed description of the proposed project by describing precisely what is to be accomplished with the requested funds. A $5,000 contract would allow SCIL to provide 143 hours of service to the City of Diamond Bar to be invoiced at the rate of $35 per hour. Following is an approximate breakdown of the 143 hours of service. 1. Provide approximately 60 hrs. of Attendant Care Referral, Housing Assistance, Benefits Advocacy, Peer Counseling, Independent Living Skills Training, Information & Referral, Self -Advocacy Training, and Interpreting for the Deaf at $35/hr for approximately 10 Diamond Bar residents with disabilities (an average of 6 hrs. each) 2. Produce quarterly newsletter for persons with disabilities, organizations and other interested residents. 8 hours each x 4 newsletters = 32 hrs. 3. Approximately 4 training, outreach or education events averaging 13 hours each for staff preparation and event participation. This may include such opportunities as city staff training on disability issues, a community forum on a disability related topic, outreach and education to church and other community groups. Describe the specific purpose of the project, identify the problems the project is intended to solve, and the age group of those to be served. See Attachment A Identify and describe the geographic boundaries of the target area. (attach a map if appropriate). SCIL's service area includes all of Diamond Bar Page Three CDBG Application PROJECT CLIENT PROFILE Diamond Bar clients assisted in previous year: 10 Diamond Bar clients assisted which meet the low/moderate income requirements: 10 Diamond Bar clients expected to be assisted in new project year 10 Direct Beneficiaries 3388 Indirect SCIL's outreach & education activities will benefit all 3388 (1990 Uescriibelge dhRaeR Aiics or cl entlpopuiat onin target arealirgluc ing age, sex, income level, and ethnic background. Relate how the project will meet the federal requirement of benefitting low/moderate income persons: SCIL provides services to persons with disabilities without regard to age, ethnicity or gender. Federal Register Title 24, subtitle A, Part 44, Subpart C, Section 570.208 identifies handicapped persons as a clientele generally presumed to be low and moderate income persons. Is your organization familiar with the CDBG reporting requirements? yes FINANCIAL INFORMATION Please attach a proposed budget of the project. Include all items that CDBG funds are being requested to be used for. Include all other sources of funding and the total budget of the organization. I hereby certify that if funds are granted to our organization they will be used to benefit low/moderate income residents of the City of Diamond Bar. We understand that the formal agreement with the Cq will definy other reporting provisions and federally required assurances. Signature: Title: President/ Date: % // / qp, ATTACHMENT A GOALS AND OBJECTIVES OF PROJECT The nature and scope of the problem or situation to be addressed. SCIL's project was designed and is reviewed and updated annually by individuals with disabilities to address specific problems common to us all. Persons with disabling conditions face a variety of problems and obstacles that must be overcome just to perform the basic functions of daily life. The nature of the problems we face are as varied and unique as we are individual, and the type and degree of our disability. In the following description of our services, the problem being addressed by each service is in bold italics and the service in bold. Description of the proposed project - what is to be accomplished with the requested funds. Mobility and motor functions are a problem for many of us who face a two hour ordeal just to get out of bed and ready for work or to look for work, each day. The assistance of a personal care attendant is required to accomplish the task, so Independent Living Centers provide Attendant referral services. Housing is a universal problem, made even worse for the poor, and worse yet for those who are poor, disabled, and vulnerable to crime by virtue of a disabling condition. This makes finding accessible, affordable, and safe housing very difficult, yet necessary for people with disabilities. Housing assistance is an essential service which SCIL and all Independent Living Centers offer. Poverty and powerlessness are problems for a vast majority of persons with disabilities. Regardless of the income level prior to becoming disabled, the costs of treatment, rehabilitation and equipment quickly exhaust any tangible assets, and most frequently result in unemployment and real poverty. Entitlement programs and benefits such as Social Security and Disability Insurance, have eligibility and filing requirements which are burdensome and often overwhelming to the inexperienced applicant. Appealing an adverse ruling on SSI or SSDI is now so complex, the average person is advised to seek legal representation. Generally legal assistance is unaffordable, so, SCIL provides Advocacy services to assist individuals with the application through the appeals process for benefits and preparations for filing a discrimination or other suit related to ADA violations. Appropriate resources are needed for products or services unique to persons with disabilities. Accurate information and referral to these resources is only available through independent living services networks. SCIL provides both information and referral services to several thousand individuals with disabilities each year, carrying out our purpose to 'educate, empower and enable'. Support and hope are critical to the recovery of individuals diagnosed with an illness or injury that results in severe disability, as they are to those who have years of experience with the daily consequences of disability. In each case there is need for the comfort and reassurance of someone with a similar experience; therefore the peer counseling service is considered one of the five core services provided by Independent Living Centers (ILC's). Communication is a fundamental aspect of daily living. For those who are deaf, who have never "heard" or otherwise learned the English language, there is no way to understand the information being exchanged and shared by the hearing world. More important, is the need for communication of critical information, which directly affects the individual, whether social, legal, or medical. SCIL provides sign language interpreting and other forms of facilitated communications. Nutrition, cooking, cleaning, budgeting, and banking along with problem solving, hiring and managing an attendant/employee, negotiating terms and asserting ones -self are but a few of the basic skills which many persons with disabilities must learn in order to retain control over decisions and live in one's own home. SCIL, like all other ILC's, offers Independent Life Skills training to address this need. ATTACHMENT A SCIL -1999-2000 Diamond Bar Project Budget Categories Total Revenue Revenue Expenditures Other Sources From City SALARIES AND BENEFITS $5,883 $883 $5,000 SUPPLIES 280 280 RENT & UTILITIES 1,753 1,753 COMMUNICATIONS (PHONE, POSTAGE) 900 900 TRAVEL 160 160 INSURANCE 276 276 CONSULTANTS 98 98 AUDITS 450 450 STAFF TRAINING 100 100 ACCOUNTING 100 100 PRINTING, OFFICE EXPENSE 200 200 REPAIR AND MAINTENANCE 123 123 DUES & SUBSCRIPTIONS 50 50 EQUIPMENT 250 250 TOTAL EXPENSES: $10,624 $5,624 $ 5,000 Note: CDBG money will be used towards salaries of service providers only. CITY OF DIAMOND BAR INTEROFFICE MEMORANDUM DATE: January 4, 1999 TO: James DeStefano, Deputy City Manager Kellee A. Fritzal, Assistant to the City Manager FROM: David G. Liu, Deputy Director of Public Works #J Rose Manela, Assistant Engineer SUBJECT: 1999-2000 CDBG APPLICATION - PROPOSED ADA HANDICAP ACCESS RAMPS Please find attached Public Works' application for the 1999-2000 CDBG Program funding. The projects applied for will upgrade existing street intersections within the vicinity of public facilities to current ADA standards, allowing handicap access to existing sidewalk areas for school crossings. Proposed project locations will be in the vicinity of some public schools and City owned public parks and also along the City's major arterial, Grand Avenue. Please see attachment for locations and recommended improvements. Costs per ramp had increased after submittal of last year's proposal from the originally estimated $750 to $1200 for each ramp. All school locations previously approved for 98-99 CDBG funds will be bid and included during the 98-99 CDBG project, however, due to the cost increase, it may be necessary to postpone a few schools to the 99-00 CDBG application. Should this be necessary, it is requested that this list will be Phase 2 and may include some ramps from last year's submission. Phase 1 will be completed as part of the 1998-1999 CDBG Program funding and Phase 2 is being requested for the 1999-2000 CDBG Program funding. ENGINEER'S CONSTRUCTION COST ESTIMATE. $67,200.00 20% CONTINGENCY.- $13,440.00 ENGINEER'S DESIGN& CONSTRUCTION INSPECTION ESTIMATE. $ 20,000.00 ESTIMATED ADMINISTRATION COSTS: $ 5,000.00 __ TOTAL ENGINEER'SESTIMATE : $105,640.00 =.--_ NEW=. - 13 AI CITY OF DIAMOND BAR COMMUNITY DEVELOPMENT BLOCK GRANT REQUEST FOR PROPOSALS 1999-2000 PROGRAM YEAR funding is contingent upon the pngject's eligibility under the 1974 Housing and Community Development Act as amended. 7 -his application must he completed. and supplemental information regarding the organization and propused pr(iect may be attached. APPVC A7Y()N l)F.4DLlNE. JA MUin, S. 1." 1 -t)0) m. APPLICATION SUMMARY Organization - Project No4 iIOU .. LOG'llion of prulect: 17A Funds wouid he used (u:pa� 1 GENERAL INFORMATION Organization P - Address: 0 �D8'S� Cit}�; l e- g iw;CA Tclephone/Fax Number O Email Address: Conluel Persolt/Title: ;& S Uf(icials authorized to represent orgmizutiun and expend funds: N,;nte A itle: 09J Gty_r� Name - Federal 1.1). NumberlNon-Profit SIMLIS: Page Two CnRCi Application Thi. application is propiosing a new rxia(i» projcet. (check) I las the projc�:i received Fast funding from the City of Diamond Bar? LAWS If yes, please idcntily the year/amount and source of funding: (i ACSANDORACTIVE OF PROJECT Provide a detailed description of the proposed project by describing precisely what is to be accomplished with the requested funds. , y 4 1k n home I W i AXJ3,k , SkR je c*d ta„c1 Pt -3 ria ,L)\aY,A s tA6 jjl PAcA.4YA... s4mb rj i 4S CA4—ld4 sv+.� Describe the specific pulpose of the pri iect, ide111ifv 111h: PrOblrms the project i. intended us solve, and the age group ul'thnse to be served --F 4tP�l Sk 4(LL- sty'} n.� C) �- Lac -0 fb mod 4t4k-� I t1 Q'61�� r\g7N�� tl�s �ttl1'}� In In l Identify and describe the geographic boundaries ol'the target area, Witachh,a map ifappropriatc). (� t`f`�.� n `�-'�-�- �,; �--aJI� ►�.:, pilge Thrce C'UBG Application PR4J1FCT C'LIF.NT PROFILE Diamond Bar 6C1115 asgiatcct in precious year: �-11�L dYrRdyJ 7L2 (Z g Diamond Hitr e.lients assisted which meta the low/moderate incomc requirements: Diamond liar clients expected to be assisted in new project year � � Describe the characteristics of client population in target area, including age. sex, illconle leveI. and ethnic bockground- Relate how the project %vill mer, Ihr letlrral requirement t,f hrnrfitting low/moderate incomc persons_ oy\CO��, I n Si-j(e�SS a-� S7J, �eS=r it4 rn tiri i�flQ i Us t V-) A- 1 �� � `�Tl� � ')� 0-��'lit•►n ah� �. Is your organization familiar with the Q)Eio repotling requiremetlts:S. FINANCIAL INFORMATION PlCase attach a proposed budget of the project. Include all items that fC' requested tUii(; funds arc being o hr used tncttxir allanther sources of funding; and the total budget of the ��rt:anizallon. I hereby certify that if fiords are granted to our organization they will be used to benefit luw/muderatr ina,me residents 01 -the. City ol'Dinmond Bar. We undersland that ,he fOrmal agreement with the City will define other reporting provisions and federally tcquircd assurances, "ignature: Title: CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. Honorable Mayor and City Council MEETING DATE: January 19, 1999 REPORT DATE: January 14, 1999 FROM: Terrence L. Belanger, City Manager TITLE: Ordinance No. 01 (1999): An Ordinance of the City of Diamond Bar Adopting a Subdivision Ordinance and Amending the Diamond Bar Municipal Code SUMMARY: A subdivision of land for the purpose of sale, lease or finance is governed by the California Subdivision Map Act. Upon incorporation the City adopted the Los Angeles County Subdivision Code to guide citizens, developers and decision makers through the process of land subdivision. A Subdivision Ordinance has been prepared specifically tailored for the City of Diamond Bar. The City Council concluded its public hearing review and approved first reading of the Ordinance as amended on January 5, 1999. RECOMMENDATION: It is recommended that the City Council approve the second reading and adopt Ordinance No. 1 (1999): An Ordinance of the City of Diamond Bar Adopting a Subdivision Ordinance and Amending the Diamond Bar Municipal Code. LIST OF ATTACHMENTS: X Staff Report _ Resolution(s) a X Ordinance(s) _ Agreement(s) Public Hearing Notification Bid Specification Other: EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed X Yes _ No by the City Attorney? 2. Does the report require a majority vote? X Yes _ No 3. Has environmental impact been assessed? X Yes _ No 4. Has the report been reviewed by a Commission? X Yes _ No Which Commission? Planning Commission 5. Are other departments affected by the report? X Yes _ No Report discussed with the following affected departments: Public Works Division REVIEWED BY: Terrence L. Belanger City Manager Jamrs DeStefano Deputy City Manager MEETING DATE: TO: F4i 1434E CITY COUNCIL REPORT AGENDA NO. January 19, 1999 Honorable Mayor and Members of the City Council Terrence L. Belanger, City Manager SUBJECT: ORDINANCE NO. 1 City of Diamond ordinance and Municipal Code DATE: January 14, 1999 BACKGROUND: (1999): An Ordinance of the Bar Adopting a Subdivision Amending the Diamond Bar A subdivision of land for the purpose of sale, lease or finance is governed by the California Subdivision Map Act. Upon incorporation the City adopted the Los Angeles County Subdivision Code to guide citizens, developers and decision makers through the process of land subdivision. A new Subdivision Code has been drafted specifically tailored for the City of Diamond Bar. The City Council concluded its public hearing review and approved first reading of the Ordinance on January 5, 1999. The City Council directed staff to modify the Subdivision Ordinance to reflect minor changes as outlined by the Council. The consultant is currently in the process of preparing the final document for printing and distribution. RECOMMENDATION: It is recommended that the City Council approve second reading and adopt Ordinance No. 1 (1999): An Ordinance of the City of Diamond Bar Adopting a Subdivision Ordinance and Amending the Diamond Bar Municipal Code. Attachments: - Ordinance No. 1 (1999) - Subdivision Ordinance (previously transmitted) jds ORDINANCE NO. 01 (1999) AN ORDINANCE OF THE CITY OF DIAMOND BAR ADOPTING A SUBDIVISION ORDINANCE AND AMENDING THE DIAMOND BAR MUNICIPAL CODE A. RECITALS. 1. 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 21 of the Los Angeles County Code contains the Subdivision Code of Los Angeles County now currently applicable to the subdivisions within the City of Diamond Bar. 2. On July 25, 1995, the City of Diamond Bar adopted its General Plan. The General Plan establishes goals, objectives and strategies to implement the community's vision for its future. 3. The City of Diamond Bar has determined that the existing subdivision regulations contained within the County of Los Angeles Subdivision Code are outdated and ill-suited to meet the City's needs in terms of the type of development envisioned by the General Plan. 4. The Planning Commission of the City of Diamond Bar conducted duly noticed public hearings with regard to the Draft Subdivision Ordinance. The public hearings were held on August 26, September 2, September 6, September 9, September 23, October 14, October 27 and November 12, 1997; and January 27, and February 10, 1998. 5. The City Council of the City of Diamond Bar conducted duly noticed public hearing with regard to the Draft Subdivision Ordinance. The public hearings were held on December 1, December 15, 1998 and January 5, 1999. 6. The City Council considered, individually and collectively, the four draft articles comprising the City of Diamond Bar's Draft Subdivision Ordinance established pursuant to the Subdivision Map Act, Section 66410 et seq of the California Government Code. The Subdivision Ordinance consists of the following four draft articles: I. Purpose and Applicability of Subdivision Ordinance; II. Subdivision Review Procedures; III. Subdivision Design and Development; and 1 IV. Subdivision Ordinance Definitions. The Subdivision Ordinance is intended to supersede Title 21 of the Los Angeles County Code now applicable to subdivisions within the City of Diamond Bar. 7. The City Council, after due consideration of public testimony, staff analysis and the Council's deliberations has determined that the Subdivision Ordinance attached hereto as Exhibit "A" implements the goals of the City and is consistent with the Diamond Bar General Plan. 8. Notification of the public hearing for this project was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers on November 10, 1998 in a one eighth page legal advertisement. 9. All legal prerequisites to the adoption of this Ordinance have occurred. 10. The City Council hereby finds that there is no substantial evidence that the Subdivision Ordinance will have a significant effect on the environment and therefore Negative Declaration No. 97-3 has been prepared, pursuant to the requirements of the California Environmental Quality Act (CEQA) of 1970, as amended, and guidelines promulgated thereunder, pursuant to Section 15070 of Article 19 of Chapter 3, Title 14 of the California Code of Regulations. 11. The City Council hereby specifically finds and determines that, having considered the record as a whole, including the finding set forth below, there is no evidence before this City Council that the Subdivision Ordinance proposed herein will have the potential of an adverse effect on the 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. B. Ordinance. NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby ordain as follows: 1. The Subdivision Ordinance attached hereto as Exhibit "A" is hereby adopted as Title 21 of the Diamond Bar Municipal Code. 2. The Los Angeles County Subdivision Code is hereby repealed in it entirety. PASSED, APPROVED AND ADOPTED THIS 19TH DAY OF JANUARY 1999, BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR. BY: MAYOR I, Lynda Burgess, City Clerk of the City of Diamond Bar do hereby certify that the foregoing Ordinance was duly introduced, passed, and adopted by the City Council of the City of Diamond Bar, at a regular meeting of the City Council held on the 19th day of January 1999, by the following vote: ATTEST: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Lynda Burgess, City Clerk, City of Diamond Bar 3 Hearing Draft Subdivision Ordinance Hearing Draft January 5, 1999 Plawting C-onmissions'deleti-...-jrv�.- . -t strikeout with an asterisk Staff's changes appear in condensed, bold typeface Planning Commission ohanges appear in bold extended typefaoe City Council changes a1212ear as underlined text Diamond Bar Subdivision Ordinance Table of Contents ARTICLE I - Purpose and Applicability of Subdivision Ordinance Chapter 21.01- Enactment and Applicability of Subdivision Ordinance ........... I-3 21.01.010 - Title......................................................... I-3 21.01.020 -Purpose ...................................................... 1-3 21.01.030- Authority .................................................... I-3 21.01.040 - Applicability ...................................... I-3 21.01.050 - Compliance with other Regulations Required ........... I-4 21.01.060 - Conflicting Provisions ......................................... I-4 Chapter 21.02 - Administration of Subdivision Ordinance ........................ I-5 21.02.010 - Purpose of Chapter ............................... 1_5 21.02.020 - Responsibility for Administration ............................... I-5 21.02.030 - Advisory Agency................................I-5 21.02.040 - Authority for Subdivision Decisions ............... 1-6 21.02.050 -Enforcement .................................................. I-6 Chapter 21.03 - Subdivision Map Approval Requirements ........................ I-9 21.03.010 - Purpose of Chapter ............................ I-9 21.03.020 - Type of Subdivision Approval Required ........ I-9 21.03.030 - Exemptions from Subdivision Approval Requirements . ... • • • ... I-11 21.03.040 - Applications Deemed Approved ................. .. I-12 21.03.050 - Exceptions to Subdivision Standards ................ I-12 21.03.060 - Application Fees ............................................. I-14 ARTICLE II - Subdivision Review Procedures Chapter 21.20 - Tentative Map Filing and Processing ........ . II -3 • . • . • • ....... 21.20.010 - Purpose Chapter of ............................. 21.20.020 - Tentative Map Preparation, Application Contents II -3 .... 21.20.030 - Tentative Map Filing, Initial Processing .............. II -3 II -3 21.20.040 - Evaluation of Application ................. 21.20.050 - Commission Review and Decision II -5 ............ 21.20.060 - Council Review and Decision II -5 ...................... 21.20.070 - Tentative Map Public Hearings II -6 ................. 21.20.080 - Tentative Map Approval or Disapproval II -6 ..... ..... • ...... 21.20.090 - Conditions Approval II -7 of ...................... ._• II -10 21.20.100 - Effective Date of Tentative Map Approval ..... II -11 21.20.110 - Changes to Approved Tentative Map or Conditions II -11 21.20.120 - Completion of Subdivision Process ............................ II -12 Diamond Bar Subdivision Ordinance Table of Contents Hearing Draft - January 5,1999 Page 1 Contents 21.20.130 - Vesting Tentative Maps ...................................... 11-13 21.20.148 Tentative Map:Firm Eftnits ................................... 11-15 21.20.1540 - Expiration of Approved Tentative Map ........................ 11-15 21.20.1650 - Extensions of Time for Tentative Ma .......................... 11-16 Chapter 21.22 - Parcel Maps and Final Maps .................................. 11-17 21.22.010 - Purpose of Chapter .......................................... II -17 21.22.020 - Parcel Maps ................................................ 11-17 21.22.030 - Waiver of Parcel Map ........................................ H-17 21.22.040 - Parcel Map Form and Content ................................ H-20 21.22.050 - Filing and Processing of Parcel Maps .......................... 1I-20 21.22.060 - Parcel Map Approval ........................................ U-20 21.22.070 -Final Maps ................................................. U-21 21.22.080 - Final Map Form and Content ................................. H-21 21.22.090 - Filing and Processing of Final Maps ........................... II -21 21.22.100 - Final Map Approval ......................................... II -22 21.22.110 - Supplemental Information Sheets .............................. 11-23 21.22.120- Recordation of Maps ......................................... II -24 21.22.130 Effeeto'Relo"edhlaF ...................................... II -24 21.22.1430 - Amendments to Recorded Maps ............................. 11-24 Chapter 21.24 - Condominiums and Condominium Conversion ................. II -27 21.24.010 - Purpose of Chapter .......................................... II -27 21.24.020 - Condominiums ............................................. II -27 21.24.030 - Condominium Conversions .................................. II -27 Chapter 21.26 - Lot Line Adjustments ........................................ 11-31 21.26.010 - Purpose of Chapter .......................................... H-31 21.26.020 - Applicability ............................................... 11-31 21.26.030 - Adjustment Application and Processing ........................ H-31 21.26.040 - Approval or Denial of Adjustment ............................. H-32 21.26.050 - Completion of Adjustment ................................... U-32 Chapter 21.28 - Certificates of Compliance .................................... II -35 21.28.010 - Purpose of Chapter .......................................... II -35 21.28.020 - Applicability ............................................... II -35 21.28.030 - Application Contents ........................................ II -35 21.28.040 - Review and Approval ........................................ II -35 21.28.050 - Conditional Certificates of Compliance ......................... II -36 Diamond Bar Subdivision Ordinance Table of Contents Hearing Draft - January 5, 1999 Page 2 ARTICLE III - Subdivision Design and Development Chapter 21.30 - Subdivision Design and Improvement Requirements ........... III -3 21.30.010 - Purpose of Chapter .......................................... III -3 21.30.020 - Applicability of Design and Improvement Standards ............. IlI-3 21.30.030 - Access, Circulation, Streets ................................... H14 21.30.040 - Energy Conservation ........................................ III -8 21.30.050 -Fire Hydrants ............................................... III -8 21.30.060 - Grading, Erosion, and Sediment Control ....................... III -8 21.30.070 -Landscaping ................................................ 111-9 21.30.080 - Major Structures ............................................ III -9 21.30.090- Monuments ................................................ 111-9 21.30.100 - Parcel and Block Design ..................................... III -10 21.30.110 - Public Utilities and Utility Easements ......................... III -12 21.30.120 - Residential Density ......................................... III -13 21.30.130 - Sewage Disposal ........................................... III -13 21.30.140 - Street Lighting ............................................. III -13 21.30.150 - Street Names .............................................. 111-13 21.30.160 - Storm Drainage and Watercourses ............................ III -14 21.30.170 - Traffic Safety Devices ....................................... III -15 21.30.180 - Water Supply .............................................. III -15 Chapter 21.32 - Dedications and Exactions ................................... III -17 21.32.010 - Purpose of Chapter ......................................... III -17 21.32.020 - Applicability ........................... I .................. 111-17 21.32.030 - Findings Required for Dedications and Exactions ............... III -17 21.32.040 - Park Land Dedications and Fees .............................. III -17 21.32.050 - Right -of -Way Dedications ................................... 111-22 Chapter 21.34 - Improvement Plans and Agreements .......................... ffi-25 21.34.010 - Purpose of Chapter ......................................... III -25 21.34.020 - Improvement Plans ......................................... III -25 21.34.030 - Installation of Improvements ................................ III -26 21.34.040 - Improvement Agreements and Security ....................... III -27 Chapter 21.36 - Surveys and Monuments .................................... III -31 21.36.010 - Purpose of Chapter ......................................... 111-31 21.36.020 - Survey Procedure and Practice ............................... III -31 21.36.030- Monuments ............................................... III -31 21.36.040 - Survey Information on Final or Parcel Map ..................... III -33 ARTICLE IV - Subdivision Ordinance Definitions Chapter 21.40 - Definitions ................................................ IV -3 21.40.010 - Purpose of Chapter .......................................... IV -3 21.40.020 - Definitions of Specialized Terms and Phrases .................. IV -3 Diamond Bar Subdivision Ordinance Table of Contents Hearing Draft - January 5,1999 Page 3 ARTICLE I Purpose and Applicability of Subdivision Ordinance Chapter 21.01- Enactment and Applicability of Subdivision Ordinance ........... I-3 21.01.010-Title......................................................... I-3 21.01.020-Purpose......................................................I-3 21.01.030- Authority....................................................I-3 21.01.040 - Applicability................................................. I-3 21.01.050 - Compliance with other Regulations Required ..................... I-4 21.01.060 - Conflicting Provisions ......................................... I-4 Chapter 21.02 - Administration of Subdivision Ordinance ........................ I-5 21.02.010 - Purpose of Chapter ............................................ I-5 21.02.020 - Responsibility for Administration ............................... I-5 21.02.030- Advisory Agency.............................................I-5 21.02.040 - Authority for Subdivision Decisions ............................. I-6 21.02.050 - Enforcement .................................................. I-6 Chapter 21.03 - Subdivision Map Approval Requirements ........................ I-9 21.03.010 - Purpose of Chapter ............................................ I-9 21.03.020 - Type of Subdivision Approval Required .......................... I-9 21.03.030 - Exemptions from Subdivision Approval Requirements ............ I-11 21.03.040 - Applications Deemed Approved ............................... I-12 21.03.050- Exceptions to Subdivision Standards ............................ I-12 21.03.060 - Application Fees ............................................. I-14 Diamond Bar Subdivision Ordinance Article I - Purpose and Applicability Hearing Draft - January 5, 1999 I-1 Contents Diamond Bar Subdivision Ordinance Article I - Purpose and Applicability Hearing Draft - January 5, 1999 I-2 CHAPTER 21.01- ENACTMENT AND APPLICABILITY OF SUBDIVISION ORDINANCE Sections: 21.01.010 - Title 21.01.020 - Purpose 21.01.030 - Authority 21.01.040 - Applicability 21.01.050 - Compliance with other Regulations Required 21.01.069 Notice of judicial Chftllenge 22.01.060 - Conflicting Provisions 21.01.010 - Title This Title shall be known as the City of Diamond Bar Subdivision Ordinance, hereafter referred to as "this Title." 21.01.020 - Purpose The provisions of this Title are intended to supplement, implement, and work with the Subdivision Map Act, Sections 66410 et seq. of the California Government Code (hereafter referred to as the "Map Act"). This Title is not intended to replace the Map Act, and must be used in conjunction with the Map Act in the preparation of applications, and the review, approval, and construction of proposed subdivisions. 21.01.030 - Authority This Title is adopted in compliance with the Map Act as a "local ordinance," as the term is used in the Map Act. All provisions of the Map Act and future amendments to the Map Act not incorporated in this Title shall, nevertheless, apply to all subdivision maps and proceedings under this Title. 21.01.040 - Applicability A. Subdivision approval required. All subdivisions within the City shall be authorized through the approval of a map or other entitlement in compliance with Chapter 21.03 (Subdivision Map Approval Requirements), and all other applicable provisions of this Title. • • . • • • •1 • • A l� l 11.. f.1•/ �... ■ 1 •.1.1•/. Diamond Bar Subdivision Ordinance Article I - Purpose and Applicability Hearing Draft -January 5, 1999 1-3 Enactment and Applicability 21.01 E B. Conflicts with Map Act. In the event of any conflicts between the provisions of this Title and the Map Act, the Map Act shall control. 21.01.050 - Compliance with other Regulations Required The approval or conditional approval of a subdivision map shall not authorize or be deemed to authorize an exception or deviation from any zoning regulation in Title 22 of the Municipal Code (the Development Code), or as an approval to proceed with any development in violation of other applicable provisions of the Municipal Code or other applicable ordinances or regulations of the City. 21.01.060 - Conflicting Provisions In the event of any conflict between the provisions of this Title and the Map Act, the Map Act shall control In the event of any conflict between the provisions of this Title and Title 22 of the Municipal Code (the Development Code) or between this Title and other provisions of the Municilal Code the most restrictive provision shall control. Diamond Bar Subdivision Ordinance Article I - Purpose and Applicability Hearing Draft - January 5,1999 1-4 CHAPTER 21.02 - ADMINISTRATION OF SUBDIVISION ORDINANCE Sections: 21.02.010 - Purpose of Chapter 21.02.020 - Responsibility for Administration 21.02.030 - Advisory Agency 21.02.040 - Review Authority for Subdivision Applications 21.02.050 - Enforcement 21.02.010 - Purpose of Chapter This Chapter assigns the responsibility and authority for the administration and enforcement of this Title, and the processing, review, approval or disapproval of the subdivision applications required by this Title. 21.02.020 - Responsibility for Administration The Community Development Director, hereafter referred to as the 'Director," is authorized and directed to administer and enforce the provisions of this Title and applicable provisions of the Map Act for subdivisions within the City, except as otherwise provided by this Title. 21.02.030 - Advisory Agency An advisory agency as described in the Map Act is hereby established, and shall be assigned authority and duties as provided by this Section. A. Composition of advisory agency. The advisory agency shall be the Planning Commission, hereafter referred to as the "Commission," as determined by Section 21.02.040 (Authority for Subdivision Decisions). B. Authority and duties. The advisory agency shall: Recommend to the Cijy Council, hereafter referred to as the "Council' the approval, conditional approval, or disapproval of all Tentative Maps, exeeptt me where a and requests is made to modify the design and improvement standards of this Title in compliance with Section 21.03.050 (Exceptions to Subdivision Standards); Diamond Bar Subdivision Ordinance Article I - Purpose and Applicability Hearing Draft - January 5,1999 I-5 .�P-G. Diamond Bar Subdivision Ordinance Article I - Purpose and Applicability Hearing Draft - January 5,1999 I-5 Administration of Subdivision Ordinance 21.02 3 2. Recommend modifications of the requirements of this Title; 4 3. Review and make recommendations concerning proposed subdivisions in the unincorporated areas of Los Angeles County in compliance with the provisions of the Map Act when the advisory agency (Los Angeles County) has elected tale so requests such review; 3 4. Approve, conditionally approve, or disapprove Parcel Map waiver applications in compliance with Section 21.22.030 (Waiver of Parcel Map); and 6 5. Perform additional duties and exercise additional authorities as prescribed by law and by this Title. 21.02.040 - Authority for Subdivision Decisions Table 1-1 (Authority for Subdivision Decisions) identifies the City official or authority responsible for reviewing and making decisions on each type of subdivision application and other decision required by this Title. TABLE 1-1 AUTHORITY FOR SUBDIVISION DECISIONS 21.02.050 - Enforcement A. Notice of Violation. Any City officer or employee who has knowledge that a real property has been divided in violation of the Map Act or this Title, shall immediately notify the Gorrkmvr6ty Development Director. Upon receipt of the information, the Diamond Bar Subdivision Ordinance Article I - Purpose and Applicability Hearing Draft - January 5, 1999 I-6 1tQle'iof Replerx Autiorl Type of Subdivision Application H@Ailllg orDecision Director Officer ComutiBsion > cbundl Certificates of Compliance Recommend Decision Appeal Appeal Conditional Certificates of Compliance Recommend Decision Appeal Appeal Lot Line Adjustments Decision ReemT=m d 9M igien Appeal Appeal Parcel Map Waivers Recommend Recommend Decision Tentative Mas Recommend Recommend Decision Tentative Map Time Extensions Recommend I Council Parcel and Final Mas Recommend L Decision 1) 21.02.050 - Enforcement A. Notice of Violation. Any City officer or employee who has knowledge that a real property has been divided in violation of the Map Act or this Title, shall immediately notify the Gorrkmvr6ty Development Director. Upon receipt of the information, the Diamond Bar Subdivision Ordinance Article I - Purpose and Applicability Hearing Draft - January 5, 1999 I-6 Administration of Subdivision Ordinance Director shall file a notice in compliance with the Map Act. The Director shall also schedule a hearing before the Commission for the purpose of determining whether a final notice of violation shall be recorded in compliance with the Map act. The owner of the real property shall be notified of the time, date, and place of the hearing, of his/her right to present evidence at the hearing, and shall be advised that if the Commission determines a violation to have occurred, a final notice of violation shall be recorded no sooner than 60 days following receipt by the property owner of a copy of the first recorded notice. The decision of the Planning Commission may be appealed to the City Council. B. Permit issuance prohibited. No commission, officer, or employee of the City shall issue any certificate or permit, or grant any approval necessary to develop any real property within the City if it is known or suspected that the property was divided, or resulted from a division, in violation of the provisions of the Map Act or this Title. Diamond Bar Subdivision Ordinance Article I - Purpose and Applicability Hearing Draft - January 5,1999 1-7 Administration of Subdivision Ordinance 21.02 Diamond Bar Subdivision Ordinance Article I - Purpose and Applicability Hearing Draft - January 5,1999 I-8 CHAPTER 21.03 - SUBDIVISION MAP APPROVAL REQUIREMENTS Sections: 21.03.010 - Purpose of Chapter 21.03.020 - Type of Subdivision Approval Required 21.03.030 - Exemptions from Subdivision Approval Requirements 21.03.040 - Applications Deemed Approved 21.03.050 - Exceptions to Subdivision Standards 21.03.060 - Application of Fees 21.03.010 - Purpose of Chapter This Chapter determines when City approval of a Tentative Map, Parcel or Final Map is required. 21.03.020 - Type of Subdivision Approval Required Any subdivision of an existing parcel into two or more parcels shall generally require approval by the City in compliance with the provisions of this Title. In general, the procedure for subdivision first requires the approval of a Tentative Map, and then the approval of a Parcel Map or Final Map to complete the subdivision process. The Tentative Map review process is used to evaluate the compliance of the proposed subdivision with the standards of this Title, and the appropriateness of the proposed subdivision design. Parcel and Final Maps are precise engineering documents that detail the location and dimensions of all parcel boundaries in an approved subdivision and, after approval, are recorded in the office of the County Recorder. A. Tentative Map requirements. Map Act Section 66426 requires that any subdivision or resubdivision of land shall require the filing and approval of a Tentative Map (see Chapter 21.20, Tentative Map Filing and Processing), except as otherwise provided by Section 21.03.030 (Exemptions from Subdivision Approval Requirements), and except for the following, which shall require the filing and approval of a Parcel Map without a Tentative Map: 1. The original, unsubdivided parcel contains less than five acres, each proposed parcel abuts upon a maintained public street, and no dedications or improvements are required by this Title; or Each parcel created by the division has a gross area of 20 acres or more and has approved access to a maintained public street; or Diamond Bar Subdivision Ordinance Article I - Purpose and Applicability Hearing Draft - January 5, 1999 I-9 Subdivision Map Approval Requirements 21.03 The parcel(s) have approved access to a public street which comprises part of a tract of land zoned for industrial or commercial development, and which has City approval for street alignments and widths; or 4. Each parcel has a minimum gross area of 40 acres, or is not less than a quarter of a quarter Section; or 5. Until January 1, 2003, the land being subdivided is solely for the creation of an environmental subdivision in compliance with Map Act Section 66418.2. B. Parcel and Final Map requirements. A Parcel or Final Map shall be required as follows: 1. Parcel Map. The filing and approval of a Parcel Map (Chapter 21.22) shall be required for a subdivision creating four or fewer parcels, with or without a designated remainder in compliance with Chapter 1, Article 2 of the Map Act, except for the following subdivisions: a. Public agency or utility conveyances. Any conveyance of land, including a fee interest, an easement, or a license, to a governmental agency, public entity, public utility or a subsidiary of a public utility for rights-of-way, unless the Director determines based on substantial evidence that public policy necessitates a Parcel Map in an individual case; b. Rail right-of-way leases. Subdivisions of a portion of the operating right-of- way of a railroad corporation as defined by Section 230 of the California Public Utilities Code, which are created by short-term leases (terminable by either party on not more than 30 days' notice in writing); or c. Waived Parcel Map. A subdivision that has been granted a waiver of Parcel Map requirements in compliance with Section 21.22.030 (Waiver of Parcel Map). 2. Final Map. The filing and approval of a Final Map (Chapter 21.22) shall be required for a subdivision of five or more parcels; except where a Parcel Map without a Tentative Map is instead required by Subsection A. above (Tentative Map Requirements). C. C-onflicts with Map Act. In the event of j I . d conflicts b0weert the . (Note: deleted L . . of this Title anti the Map Act, the Map Act shall subsection is replaced with more comprehensive Section 21.01.060.1 Diamond Bar Subdivision Ordinance Article I - Purpose and Applicability Hearing Draft - January 5,1999 I-10 Subdivision Map Approval Requirements 21.03 21.03.030 - Exemptions from Subdivision Approval Requirements As provided by Article 1, Chapter 1 of the Map Act, the following. subdivisions do not require the filing or approval of Tentative, Parcel or Final Maps. A. Agricultural leases. Leases of agricultural land for the cultivation of food or fiber, or the grazing or pasturing of livestock. B. Cellular antenna facilities. The leasing or licensing of a portion of a parcel, or the granting of an easement, Use Permit, or similar right on a portion of a parcel, to a telephone corporation as defined in Public Utilities Code Section 234, exclusively for the placement and operation of cellular radio transmission facilities, including antenna support structures, microwave dishes, structures to house cellular communications transmission equipment, power sources, and other incidental equipment. C. Cemeteries. Land dedicated for cemetery purposes under the Health and Safety Code. D. Commercial/industrial financing or leases. The financing or leasing of: 1. Offices, stores or similar spaces within commercial or industrial buildings; existing separate commercial or industrial buildings on a single parcel; or 2. The financing or leasing of any parcel or portion of a parcel, in conjunction with the construction of commercial or industrial buildings on the same site, if Article II of the Development Code (Zoning Districts and Allowable Land Uses) requires a Use Permit for the project, or Chapter 22.48 of the Development Code requires Development Review. E. Condominium conversions. The conversion of: A community apartment project or a stock cooperative to condominiums, if the conversion satisfies the requirements of Map Act Sections 66412(g) or 66412(h), respectively; or 2. The conversion of certain mobile home parks to condominiums as provided by Map Act Section 66428(b). F. Lot Line Adjustments. A Lot Line Adjustment processed in compliance with Chapter 21.26. G. Mineral leases. Mineral, oil or gas leases. H. Public agency or utility conveyances. Any conveyance of land, including a fee interest, an easement, or a license, to a governmental agency, public entity, public utility or a subsidiary of a public utility for rights-of-way. Diamond Bar Subdivision Ordinance Article I - Purpose and Applicability Hearing Draft - January 5, 1999 I-11 Subdivision Map Approval Requirements 21.03 I. Rail right-of-way leases. Short-term leases (terminable by either party on not more than 30 days' notice in writing) of a portion of the operating right-of-way of a railroad corporation as defined by Section 230 of the California Public Utilities Code, unless the Director determines in an individual case, based on substantial evidence, that public policy necessitates the application of the subdivision regulations of this Title to the short-term lease. J. Small, removable commercial buildings. Subdivisions of four parcels or less for the construction of removable commercial buildings having a floor area of less than 100 square feet. K. Residential financing or leases. The financing or leasing of: apartments, or similar spaces within apartment buildings, mobile home parks or trailer parks; or "granny" units or residential second units in compliance with Government Code Sections 65852.1 or 65852.2, respectively. L. Separate assessments. Any separate assessment under Section 2188.7 of the Revenue and Taxation Code. M. Wind energy conversion systems (WECS). The leasing of, or granting of an easement to a parcel or portion of a parcel in conjunction with the financing, installation, and sale or lease of a WECS, if the project is subject to discretionary action by the City. 21.03.040 - Applications Deemed Approved Any subdivision application deemed approved in compliance with Section 65956 of the Government Code or Article 2 of Chapter 3 of the Map Act (Government Code Sections 66452 et seq.), shall be subject to all applicable provisions of this Title which shall be satisfied by the subdivider before any Building Permits or land use permits are issued. Parcel or Final Maps filed for record after their Tentative Map is deemed approved shall remain subject to all the mandatory requirements of this Title and the Map Act, including but not limited to Government Code Sections 66473, 66473.5 and 66474. The antiterity to re-rie-ov, wtd approve Tentative Maps, Parcel and Firm! Metps, bot I -in Please note �that Review Authority has been moved to Table 1-1, I-6. 21.03.050 - Exceptions to Subdivision Standards An exception to any of the provisions of this Title may be requested by a subdivider in compliance with this Section. An exception shot4d shall not be used to waive or modify provisions of the Map Act, or any provision of this Title that is duplicated or paraphrased from the Map Act. Diamond Bar Subdivision Ordinance Article I - Purpose and Applicability Hearing Draft - January 5,1999 I-12 Subdivision Map Approval Requirements 21.03 A. Application. An application for an exception shall be submitted on forms provided by the Department together with the required filing fee. The application shall include a description of each standard and requirement for which an exception is requested, together with the reasons why the subdivider believes the exception is justified. B. Filing and processing. A request for an exception may be filed with the Tentative Map application to which it applies, or after approval of the Tentative Map. An exception shall be processed and acted upon in the same manner as the Tentative Map, concurrently with the Tentative Map if the exception request wasfiled at the same time. The approval of an exception shall not -be,eorkstr l not constitute approval of the Tentative Map and shall not extend the time limits for expiration of the map established by Section 21.20.150 (Expiration of Approved Tentative Map). C. Approval of exception. The OrCouncil shall not grant an exception unless all the following findings are first made: 1. There are exceptional or extraordinary circumstances or conditions applicable to the proposed subdivision, including size, shape, topography, location, or surroundings; 2. The exceptional or extraordinary circumstances or conditions are not due to any action of the subdivider subsequent to the enactment of this Title; 3. The exception is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the vicinity and zoning district and denied to the proposed subdivision; 4. Granting the exception will not be materially detrimental to the public welfare nor injurious to the property or improvements in the vicinity and zoning district in which the property is located; and 5. The exception will not affect the consistency of the proposed subdivision with the General Plan or any applicable Specific Plan. In granting an exception, the review authority shall secure substantially the same objectives of the regulations for which the exception is requested and shall impose whatever conditions it deems necessary to protect the public health, safety, general welfare and convenience, and to mitigate any environmental impacts in compliance with CEQA. Diamond Bar Subdivision Ordinance Article I - Purpose and Applicability Hearing Draft - January 5, 1999 I-13 .......... Diamond Bar Subdivision Ordinance Article I - Purpose and Applicability Hearing Draft - January 5, 1999 I-13 Subdivision Map Approval Requirements 21.03.060 - Application Fees 21.03 The Council shall, by resolution, establish a schedule of fees for the subdivision applications required by this Title. The schedule of fees may be changed or modified from time -to -time by resolution of the Council. The City's processing fees are cumulative. For example, if an application for a Lot Line Adjustment also requires a Variance in compliance with Title)? of the Municipal Code (Development Code), both fees will be charged. Processing shall not commence on any application until all required fees/ deposits have been paid. Diamond Bar Subdivision Ordinance Article I - Purpose and Applicability Hearing Draft - January 5,1999 I-14 ARTICLE II Subdivision Review Procedures Chapter 21.20 - Tentative Map Filing and Processing ........................... II -3 21.20.010 - Purpose of Chapter ........................................... II -3 21.20.020 - Tentative Map Preparation, Application Contents ................ II -3 21.20.030 - Tentative Map Filing, Initial Processing ......................... II -3 21.20.040 - Evaluation of Application ..................................... II -5 21.20.050 - Commission Review and Decision .............................. II -5 21.20.060 - Council Review and Decision .................................. II -6 21.20.070 - Tentative Map Public Hearings ................................ II -6 21.20.080 - Tentative Map Approval or Disapproval ........................ II -7 21.20.090 - Conditions of Approval ...................................... II -10 21.20.100 - Effective Date of Tentative Map Approval ...................... II -11 21.20.110 - Changes to Approved Tentative Map or Conditions ............. II -11 21.20.120 - Completion of Subdivision Process ............................ II -12 21.20.130 - Vesting Tentative Maps ...................................... II -13 21.20.140 Tentative Met,, Time Limi ................................... II -15 21.20.1540 - Expiration of Approved Tentative Map ........................ II -15 21.20.1650 - Extensions of Time for Tentative Ma .......................... II -16 Chapter 21.22 - Parcel Maps and Final Maps .................................. II -17 21.22.010 - Purpose of Chapter .......................................... II -17 21.22.020 - Parcel Maps ................................................ II -17 21.22.030 - Waiver of Parcel Map ........................................ II -17 21.22.040 - Parcel Map Form and Content ................................ II -20 21.22.050 - Filing and Processing of Parcel Maps .......................... II -20 21.22.060 - Parcel Map Approval ........................................ II -20 21.22.070 -Final Maps ................................................. II -21 21.22.080 - Final Map Form and Content ................................. II -21 21.22.090 - Filing and Processing of Final Maps ........................... II -21 21.22.100 - Final Map Approval ......................................... II -22 21.22.110 - Supplemental Information Sheets .............................. II -23 21.22.120 - Recordation of Maps ......................................... II -24 ...................................... II -24 21.22.1430 - Amendments to Recorded Maps ............................. II -24 Chapter 21.24 - Condominiums and Condominium Conversion ................. II -27 21.24.010 - Purpose of Chapter .......................................... II -27 21.24.020 - Condominiums ............................................. II -27 21.24.030 - Condominium Conversions .................................. II -27 Chapter 21.26 - Lot Line Adjustments ........................................ II -31 21.26.010 - Purpose of Chapter .......................................... II -31 Diamond Bar Subdivision Ordinance Article II - Subdivision Review Procedures Hearing Draft - January 5, 1999 II -1 Contents 21.26.020 - Applicability ............................................... II -31 21.26.030 - Adjustment Application and Processing ........................ II -31 21.26.040 - Approval or Denial of Adjustment ............................. II -32 21.26.050 - Completion of Adjustment ................................... II -32 Chapter 21.28 - Certificates of Compliance .................................... II -35 21.28.010 - Purpose of Chapter .......................................... II -35 21.28.020 - Applicability ............................................... II -35 21.28.030 - Application Contents ........................................ II -35 21.28.040 - Review and Approval ........................................ II -35 21.28.050 - Conditional Certificates of Compliance ......................... II -36 Diamond Bar Subdivision Ordinance Article II - Subdivision Review Procedures Hearing Draft - January 5, 1999 II -2 CHAPTER 21.20 - TENTATIVE MAP FILING AND PROCESSING Sections: 21.20.010 - Purpose of Chapter 21.20.020 - Tentative Map Preparation, Application Contents 21.20.030 - Tentative Map Filing, Initial Processing 21.20.040 - Evaluation of Application 21.20.050 - Commission Review and Decision 21.20.060 - Council Review and Decision 21.20.070 - Tentative Map Public Hearings 21.20.080 - Tentative Map Approval or Disapproval 21.20.090 - Conditions of Approval 21.20.100 - Effective Date of Tentative Map Approval 21.20.110 - Changes to Approved Tentative Map or Conditions 21.20.120 - Completion of Subdivision Process 21.20.130 - Vesting Tentative Maps 21.20.1540 - Expiration of Approved Tentative Map 21.20.1650 - Extensions of Time for Tentative Maps 21.20.1760 - Applications Deemed Approved 21.20.010 - Purpose of Chapter This Chapter establishes requirements for the preparation, filing, approval or disapproval of Tentative Maps, consistent with the requirements of the Map Act. 21.20.020 - Tentative Map Preparation, Application Contents Tentative Map submittal shall include the application forms, and all information and other materials prepared as required by the Department. 21.20.030 - Tentative Map Filing, Initial Processing A. General filing and processing requirements. Tentative Map applications shall be submitted to the Department for processing, be reviewed for completeness and accuracy, referred to affected agencies, reviewed in compliance with the California Environmental Quality Act (CEQA) where applicable, and evaluated in a staff report in compliance with Chapter 22.44 (Applications, Processing, and Fees) of the Development Code. B. Property owner list. In addition to the information and materials required for a Tentative Map application by Subsection A., above, the subdivider shall file a fast, certified to be correct by an affidavit or by a statement made under penalty of perjury Diamond Bar Subdivision Ordinance Article II - Subdivision Review Procedures Hearing Draft - January 5,1999 II -3 Tentative Map Filing and Processing 21.20 in compliance with Code of Civil Procedure Section 2015.5, of the names and addresses of all persons who are shown on the latest Los Angeles County equalized assessment role as owners of the site proposed for subdivision, and all real property within a distance of 500 feet from the exterior boundaries of the site. The subdivider shall also file a map, in the form required by the Department, showing the location of each ownership represented on the list of owners. C. Referral to affected agencies. In addition to the procedures outlined in Chapter 22.44 (Applications, Processing, and Fees) of the Development Code, a Tentative Map application shall be referred to the agencies outlined in this Subsection as required by the Map Act, as well as any other City department, County, State or Federal agency, or other individual or group that the Director believes may be affected by the subdivision, or may have information useful to the City about issues raised by the proposed subdivision. 1. Time limits for referrals. As required by Map Act Sections 66453 through 66455.7, referral shall occur within five days of the Tentative Map application being determined to be complete in compliance with Section 22.44.050 (Initial Application Review - Completeness Review) of the Development Code. An agency wishing to respond to a referral shall provide the Department with its recommendations within 15 days after receiving the Tentative Map application. 2. Required referrals. The Director shall refer Tentative Map applications for review and comment to each of the following agencies, which will be expected to provide service to the proposed subdivision. a. Caltrans. The California Department of Transportation shall be referred any Tentative Map located within an area shown on a territorial map filed with the City in compliance with Map Act Section 66455. b. Fire department. The Fire Department shall be referred any Tentative Map, Conditional Certificate of Compliance, or Lot Line Adjustment. c. Other cities and local agencies. Other cities and other local agencies, shall be referred any Tentative Map or Conditional Certificate of Compliance application that is located within the area shown on a territorial map filed with the City in compliance with Map Act Section 66453, and within three miles of their official boundaries. d. Public utilities, water and sewer agencies. Public utility companies and other service agencies which will be expected to provided service to the proposed subdivision, including providers of gas, electrical, telephone, and cable television services, shall be referred any Tentative Map or Conditional Certificate of Compliance within their respective jurisdictions. g. Public Works Department. The Public Works Department shall be referred all Tentative Maps, Conditional Certificates of Compliance, and Lot Line Diamond Bar Subdivision Ordinance Article II - Subdivision Review Procedures Hearing Draft - January 5, 1999 II -4 Tentative Map Filing and Processing 21.20 Adjustments, for review and comment regarding proposed easements, public improvements, streets, and other relevant issues. h. School districts. Tentative Maps shall be referred to the governing board of any elementary, middle school, high school, or unified school district within which the property to be subdivided is located. i. State Department of Education. The State Department of Education shall be notified of any Tentative Map that includes a proposed public school site. Along with the subdivision application referral, the Department shall include notification that if no written response to the referral is received within 15 calendar days of receipt by the Department, the City shall presume that no recommendations or comments are forthcoming. 21.20.040 - Evaluation of Application After completion of the initial processing and the application being deemed complete in compliance withAE4tttpter Section 22.44.050 of the Development Code, the Director shall: A. Review and evaluate each Tentative Map as to its compliance and consistency with applicable provisions of this Title, the Development Code, the General Plan, any applicable Specific Plan, and the Map Act, B. Determine the extent to which the proposed subdivision complies with the findings in Section 21.20.080 (Tentative Map Approval or Disapproval), and recommend to the Commission the approval, approval with specified conditions, or disapproval of the Tentative Map application; and C. Prepare a staff report to the Commission in compliance with Section 21.20.070 (Tentative Map Public Hearings), describing the conclusions of the Director's evaluation, and providing recommendations for Commission approval or disapproval of the proposed subdivision. 21.20.050 - Commission Review and Decision After review of a Tentative Map application by the Director, (Section 21.20.040, above), the Commission shall be responsible for the following: A. Hearing and review. The Commission shall: Conduct a public hearing on a proposed Tentative Map, and shall consider the Director's recommendations, and any agency providing comments on the Tentative Map in compliance with Section 21.20.030.0 (Tentative Map Filing, Initial Processing). The public hearing shall be scheduled and notice provided in compliance with Section 21.20.070 (Tentative Map Public Hearings); and Diamond Bar Subdivision Ordinance Article II - Subdivision Review Procedures Hearing Draft - January 5, 1999 II -5 Tentative Map Filing and Processing 21.20 2. Review and evaluate each Tentative Map as to its compliance and consistency with applicable provisions of this Title, the Development Code, the General Plan, any Specific Plan, and the Map Act. The Commission's evaluation shall be based on the staff report (Section 21.20.040), information provided by an initial study or environmental impact report (EIR), where applicable, and any public testimony received. B. Recommendations to Council. Within 50 days of the Tentative Map application being deemed complete, the Commission shall determine the extent to which the proposed subdivision complies with the findings in Section 21.20.080 (Tentative Map Approval or Disapproval), and shall recommend to the Council the approval, approval with specified conditions, or disapproval of the Tentative Map. Any recommended conditions of approval shall comply with Section 21.20.090 (Conditions of Approval). 21.20.060 - Council Review and Decision After receiving a recommendation on a Tentative Map from the Commission, the Council shall: A. Conduct a public hearing on a proposed Tentative Map in compliance with Section 21.20.070 (Tentative Map Public Hearings), and consider the recommendations of the Commission and any public testimony; and B. Within 50 30 days after of et ner the filing of the report and recommendation of the Commission with the Council, approve, conditionally approve or disapprove the Tentative Map. Approval or conditional approval of a Tentative Map shall be granted only after the Council has first made all findings required by Section 21.20.080 (Tentative Map Approval or Disapproval). The Council may impose conditions of approval in compliance with Section 21.20.090 (Conditions of Approval). 21.20.070 - Tentative Map Public Hearings When a public hearing is required by this Title for a Tentative Map, orem appeal -of-a decision,Tentative Map the hearing shall be scheduled and conducted in compliance with this Section, in addition to public notice being provided in compliance with Chapter 22.72 (Public Hearings) of the Development Code. Diamond Bar Subdivision Ordinance Article II - Subdivision Review Procedures Hearing Draft - January 5, 1999 II -6 Tentative Map Filing and Processing 21.20 A. Scheduling of hearing, decision action. A public hearing on a Tentative Map -or appeal shall be scheduled, and a-decisierr-action shall be -reached taken, within the following time limits. A public hearing on a Tentative Map shall be scheduled and action shall be taken with 50 days after the Tentative Map application has been deemed complete. A hearing by the Council shall be scheduled within 30 days after the filing of the Commission report and recommendation on a Tentative Map with the Council, or within 30 days after the certification of an environmental impact report, adoption of a negative declaration, or a determination by the City that the project is exempt from the requirements of CEQA, whichever is later. B. Distribution of staff report. The staff report on the Tentative Map shall be mailed to the subdivider (and each tenant of the subject property, in the case of a condominium conversion (Chapter 21.24) at least +6 3 days before any hearing or action on the Tentative Map by the Commission or Council. 21.20.080 - Tentative Map Approval or Disapproval In order to approve a Tentative Map and conditions of approval, or to disapprove a Tentative Map, the review authority shall first make the findings required by this Section. In determining whether to approve a Tentative Map, the City shall apply only those ordinances, policies, and standards in effect at the date the Department determined that the application was complete in compliance with Section 21.20.030 (Tentative Map Filing, Initial Processing), except where the City has initiated General Plan, Specific Plan or Development Code changes, and provided public notice as required by Map Act Section 66474.2. A. - Required findings for approval. The Commission may recommend approval, and the Council may approve a Tentative Map, only when it shall first find that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan, and any applicable Specific Plan, and that none of the findings for disapproval in Subsection -D. C. can be made. The findings shall apply to each proposed parcel as well as the entire subdivision, including any parcel identified as a designated remainder in compliance with Map Act Section 66424.6. Diamond Bar Subdivision Ordinance Article II - Subdivision Review Procedures Hearing Draft - January 5,1999 II -7 Tentative Map Filing and Processing 21.20 B. Supplemental findings. In addition to the findings required for approval of a Tentative Map by Subsection A. above, the review authority shall not approve a Tentative Map unless it can also make the following findings, when they are applicable to the specific subdivision proposal. • • .• .. .w .. 1. Construction of improvements. It is in the interest of the public health and safety, and it is necessary as a prerequisite to the orderly development of the surrounding area, to require the construction of road improvements within a specified time after recordation of the Parcel Map, where road improvements are required. 2. Condominiums. Any applicable findings required by Section 21.24.030 for condominium conversions. 3. Dedications or exactions. Any applicable findings required by Section 21.32.030 (Findings Required for Dedications or Exactions), if dedications or exactions are required. 4. Waiver of Parcel Map. The findings required by Section 21.22.030 (Waiver of Parcel Map), if waiver of a Parcel Map has been requested with the Tentative Map application. E. C. Findings requiring disapproval. A Tentative Map shall be denied if the Council makes any of the following findings: 1. The proposed subdivision including design and improvements is not consistent with the General Plan or any applicable Specific Plan; Diamond Bar Subdivision Ordinance Article II - Subdivision Review Procedures Hearing Draft - January 5,1999 II -8 .w E. C. Findings requiring disapproval. A Tentative Map shall be denied if the Council makes any of the following findings: 1. The proposed subdivision including design and improvements is not consistent with the General Plan or any applicable Specific Plan; Diamond Bar Subdivision Ordinance Article II - Subdivision Review Procedures Hearing Draft - January 5,1999 II -8 Tentative Map Filing and Processing 21.20 2. The site is not physically suitable for the type or proposed density of development, I The design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or injure fish or wildlife or their habitat; 4. The design of the subdivision or type of improvements is likely to cause serious public health or safety problems; 5. The design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large for access through or use of, property within the proposed subdivision. This finding may not be made is the review authority finds that alternate easements for access or use will be provided, and that they will be substantially equivalent to ones previously acquired by the public. This finding shall apply only to easements of record, or to easements established by judgement of a court of competent jurisdiction, and no authority is hereby granted to the review authority to determine that the public at large has acquired easements of access through or use of property within the proposed subdivision; 6. The discharge of sewage from the proposed subdivision into the community sewer system would result in violation of existing requirements prescribed by the California Regional Water Quality Control Board; 7. A preliminary soils report or geological hazard report indicates adverse soil or geological conditions and the subdivider has failed to provide sufficient information to the satisfaction of the City Engineer or Council that the conditions can be corrected in the plan for the development; or 8. The proposed subdivision is not consistent with all applicable provisions of this Title, the Development Code, any other applicable provisions of the Municipal Code, and the Subdivision Map Act. Y Diamond Bar Subdivision Ordinance Article II - Subdivision Review Procedures Hearing Draft - January 5, 1999 II -9 Tentative Map Filing and Processing 21.20.090 - Conditions of Approval 21.20 Along with the approval of a Tentative Map, the adoption of conditions of approval shall occur in compliance with this Section, provided that all conditions shall be consistent with the requirements of the Map Act. A. Mandatory conditions. The review authority shall adopt conditions of approval that will: 1. Require that parcels, easements or rights-of-way be provided for streets, water supply and distribution systems, sewage disposal systems, storm drainage facilities, solid waste disposal, and public utilities providing electric, gas and communications services, as may be required to properly serve the subdivision. Easements for public utilities shall be limited to those needed to provide service to present and future development; 2. Mitigate or eliminate environmental problems identified through the environmental review process, !design of the stibelivisiorr-P&-ft except where a Statement of Overriding Consideration has been adopted in compliance with CEO.A; 3. Carry out the specific requirements of Chapters 21.30 (Subdivision Design and Improvement Requirements) and Chapter 21.34 (Improvement Plans and Agreements) of this Title; 4. Secure compliance with the requirements of this Title and the General Plan; and 5. Require that any designated remainder parcels not be subsequently sold or further subdivided unless a certificate or conditional certificate of compliance (Chapter 21.28) is obtained before recordettion of it Final or Parcel Niftp in compliance with this Deveioprrtent GMe Title. 6. Require the dedication of additional land for bicycle paths, local transit facilities, (including bus turnouts, benches, shelters, etc.), sunlight easements, and school sites, in compliance with Map Act Chapter 4, Article 3, where required by the General Plan; B. Optional conditions. The review authority may also require as conditions of approval: Diamond Bar Subdivision Ordinance Article II - Subdivision Review Procedures Hearing Draft - January 5, 1999 II -10 Tentative Map Filing and Processing 21.20 1. The waiver of direct access rights to any existing or proposed streets; facilities, (including bus ht.-tants, bertches, shelters, etc.), strnfight easements, and school General Pimr, '.r.- 2. The reservation of sites for public facilities, including fire stations, libraries, and other public uses in compliance with Map Act Chapter 4, Article 4; 4-3. Time limits or phasing schedules for the completion of conditions of approval, when deemed appropriate; or rr 4. Any other conditions deemed necessary by the review authority to achieve compatibility between the proposed subdivision, its immediate surroundings, and the community, or to achieve consistency with City ordinances or state law. 21.20.100 - Effective Date of Tentative Map Approval The approval of a Tentative Map shall become effective for the purposes of . . U, reeerdntien filing a Parcel or Final Map, including compliance with conditions of approval, immediately after the adoption of the resolution of decision by the Council. 21.20.110 - Changes to Approved Tentative Map or Conditions A subdivider may request changes to an approved Tentative Map or its conditions of approval before recordation of a Parcel or Final Map in compliance with this Section. Changes to a Parcel or Final Map after recordation are subject to Section 21.22.140 (Amendments to Recorded Maps). A. Limitation on allowed changes. Changes to a Tentative Map that may be requested by a subdivider in compliance with this Section include major adjustments to the location of proposed lot lines and improvements, and reductions in the number of approved lots (but no increase in the number of approved lots), and any changes to the conditions of approval, consistent with the findings required by Subsection D. of this Section. Other changes shall require the filing and processing of a new Tentative Map. B. Application for changes. The subdivider shall file an application and filing fee with the Department, using the forms furnished by the Department, together with the following additional information: A statement identifying the Tentative Map number, the features of the map or particular conditions to be changed and the changes requested, the reasons why the changes are requested, and any facts that justify the changes; and 2. Any additional information deemed appropriate by the Department. Diamond Bar Subdivision Ordinance Article II - Subdivision Review Procedures Hearing Draft - January 5, 1999 II -11 Tentative Map Filing and Processing 21.20 C. Processing. Proposed changes to a Tentative Map or conditions of approval shall be processed in the same manner as the original Tentative Map, except as otherwise provided by this Section. D. Findings for approval. The review authority shall not modify the approved Tentative Map or conditions of approval unless it shall first find that the change is necessary because of one or more of the following circumstances, and that all of the applicable findings for approval required by Sections 21.20.080.A and B. can still be made: 1. There was a material mistake of fact in the deliberations leading to the original approval; 2. There has been a change of circumstances related to the original approval; and 3. A serious and unforeseen hardship has occurred, not due to any action of the applicant subsequent to the enactment of this Title. E. Effect of changes on time limits. Approved changes to a Tentative Map or conditions of approval shall not be considered as approval of a new Tentative Map, and shall not extend the time limits provided by Section 21.20.150 (Expiration of Approved Tentative Map). 21.20.120 - Completion of Subdivision Process A. Compliance with conditions, improvement plans. After approval of a Tentative Map pursuant to this Chapter, the subdivider shall proceed to fulfill the conditions of approval within any time limits specified by the conditions and the expiration of the map and, where applicable, shall prepare, file and receive approval of improvement plans pursuant to Chapter 21.34 (Improvement Plans and Agreements, Dedications), before constructing any required improvements. B. Parcel or Final Map preparation, filing and recordation. 1. A Parcel Map for a subdivision of four or fewer parcels shall be prepared, filed, processed and recorded as set forth in Chapter 21.22 (Parcel Maps and Final Maps), to complete the subdivision, unless a Parcel Map has been waived in compliance with Section 21.22.030 (Waiver of Parcel Map). 2. A Final Map for a subdivision of five or more parcels shall be prepared, filed, processed and recorded as set forth in Chapter 21.22 (Parcel Maps and Final Maps), to complete the subdivision. Diamond Bar Subdivision Ordinance Article II - Subdivision Review Procedures Hearing Draft -January 5, 1999 11-12 Tentative Map Filing and Processing 21.20 21.20.130 - Vesting Tentative Maps This Section establishes procedures to implement the Vesting Tentative Map requirements of state law, Sections 66498.1 et seq. of the Map Act. A. Applicability. Whenever this Neve Title requires that a Tentative Map be filed, a Vesting Tentative Map may instead be filed, provided that the Vesting Tentative Map is prepared, filed and processed in compliance with this Section. A Vesting Tentative Map may be filed for either residential, commercial or industrial developments. B. Procedures for processing a Vesting Tentative Map. A Vesting Tentative Map shall be filed in the same form, have the same contents and accompanying data and reports and, shall be processed in the same manner as set forth by this Chapter as a Tentative Map, except as follows. 1. Application content. The Vesting Tentative Map shall include the following information in addition to that required by Section 21.20.020 (Tentative Map Preparation, Contents): a. Title. The Vesting Tentative Map shall be prepared with the words "Vesting Tentative Map" printed conspicuously on its face; and b. Intended development. The Vesting Tentative Map application shall include accurately drawn, preliminary floor plans and architectural elevations for all buildings and structures intended to be constructed on the property after subdivision. 2. Findings for approval. The approval of a Vesting Tentative Map shall not be granted unless the review authority first determines that the intended development of the subdivision is consistent with the zoning regulations applicable to the property at the time of filing, in addition to all other findings required for Tentative Map approval by Section 21.20.080 (Tentative Map Approval or Disapproval). Diamond Bar Subdivision Ordinance Article II - Subdivision Review Procedures Hearing Draft - January 5, 1999 II -13 ,. .. IN B. Procedures for processing a Vesting Tentative Map. A Vesting Tentative Map shall be filed in the same form, have the same contents and accompanying data and reports and, shall be processed in the same manner as set forth by this Chapter as a Tentative Map, except as follows. 1. Application content. The Vesting Tentative Map shall include the following information in addition to that required by Section 21.20.020 (Tentative Map Preparation, Contents): a. Title. The Vesting Tentative Map shall be prepared with the words "Vesting Tentative Map" printed conspicuously on its face; and b. Intended development. The Vesting Tentative Map application shall include accurately drawn, preliminary floor plans and architectural elevations for all buildings and structures intended to be constructed on the property after subdivision. 2. Findings for approval. The approval of a Vesting Tentative Map shall not be granted unless the review authority first determines that the intended development of the subdivision is consistent with the zoning regulations applicable to the property at the time of filing, in addition to all other findings required for Tentative Map approval by Section 21.20.080 (Tentative Map Approval or Disapproval). Diamond Bar Subdivision Ordinance Article II - Subdivision Review Procedures Hearing Draft - January 5, 1999 II -13 Tentative Map Filing and Processing 21.20 C. Expiration of Vesting Tentative Map. An approved Vesting Tentative Map shall be subject to the same time limits for expiration as are established for Tentative Maps by Sections 21.20.140 et seq. (Tentative Map Time Limits). _ D. Changes to approved map or conditions. The subdivider may apply for an amendment to the Vesting Tentative Map or conditions of approval at any time before the expiration of the Vesting Tentative Map. An amendment request shall be considered and processed through the same procedures as a new application, in compliance with this Section and pursuant to the provisions of the Subdivision Map Act Section 66498.2. E. Development rights vested. 1. The approval of a Vesting Tentative Map shall confer a vested right to proceed with development of the subdivided lots in substantial compliance with the ordinances, policies and standards (excluding fees) described as provided in Map Act Section 66474.2 66498. 1. 2. If Map Act Section 66474.2 is repealed, approval of a Vesting Tentative Map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies and standards in effect at the time the map is approved or conditionally approved. 3. Subsequent land use permits, building permits, extensions of time or other entitlements filed on parcels created by the subdivision may be conditioned or denied only if the review authority determines that: a. A failure to do so would place the residents of the subdivision or the immediateierea community, or both, in a condition dangerous to their health or safety, or both; or b. The condition or denial is required, in order to comply with state or federal law. 4. Fees charged for building or land use permits, filed after the approval of a Vesting Tentative Map shall be as required at the time the subsequent permit applications are filed, including any related utility or development impact fees (e.g., sewer/water hookup fees, traffic mitigation fees, etc.). Application contents shall be as required by ordinance requirements in effect at the time the subsequent application is filed. F. Duration of vested rights. The development rights vested by this Section shall expire if a Parcel Map or Final Map is not approved before the expiration of the Vesting Tentative Map in compliance with Sections 21.20.140 et seq. (Tentative Map Time Limits). If the Parcel or Final Map is approved and recorded, the development rights shall be vested for the following periods of time. Diamond Bar Subdivision Ordinance Article II - Subdivision Review Procedures Hearing Draft - January 5, 1999 II -14 Tentative Map Filing and Processing 21.20 1. An initial time period of 24 months from the date of recordation of the Parcel or Final Map. Where several Final Maps are recorded on various phases of a project covered by a single Vesting Tentative Map, this initial time period shall begin for each phase when the Final Map for that phase is recorded. 2. The initial 24 months shall be automatically extended by any time used for processing a complete application for a grading permit or for design or architectural review, if processing exceeds 30 days from the date the application is accepted for processing as complete. 3. The subdivider may apply for a one-year extension at any time before the initial 24 months expires. Application for an extension shall be submitted to the Department and shall be accompanied by the required fee. ieny my request for extertsion. if 14 -re extension is dertied by -+e 22.e (AMft1sr The Council shall approve or deny any request for extension. 4. If the subdivider submits a complete application for a building permit during the periods of time specified in Subsections F.1 and F.2 above, the vested rights shall continue until the expiration of the building permit, or any extension of that permit. 21.20.1540 - Expiration of Approved Tentative Map The expiration date of a Tentative Map is determined by Map Act Sections 66452.6, 66452.11, 66452.13, and 66463.5. An approved Tentative Map or vesting Tentative Map is valid for -60 36 months after its effective date (Section 21.20.100). At the end of that time, the approval shall expire and become void unless: A. A Parcel or Final Map, and related bonds and improvement agreements, have been filed with the City Engineer in compliance with Chapter 21.22 (Parcel Maps and Final Maps); or B. An extension of time has occurred in compliance with Section 21.20.1650. A Tentative Map appLeval shetil be deemed to have expired ff a Parcel or Final Map has n beert recorded rrig-rin the tinte hinits estetb4ished by, this Section or withilt an extension o time approved in comphemm with Section 21.20.1 Expiration of an approved Tentative Map or vesting Tentative Map shall terminate all proceedings. The application shall not be reactivated unless a new Tentative Map application is filed. Diamond Bar Subdivision Ordinance Article II - Subdivision Review Procedures Hearing Draft - January 5, 1999 II -15 Tentative Map Filing and Processing 21.20 21.20.1650 - Extensions of Time for Tentative Maps When a subdivision subdivider has not been completed all Tentative Map conditions of approval and filed a Parcel or Final Map with the City within the time limits established by Section 21.20.140, time extensions may be granted in compliance with this Section. Extension requests shall be in writing and shall be filed with the Department on or before the date of expiration of the approval or previous extension, together with the required filing fee. A. Tentative Maps. The Council may gran xtensions to the initial time limit up to a maximum total of three years, only after finding that: 1. There have been no changes to the provisions of the General Plan, any applicable Specific Plan, this Title, or the Development Code applicable to the project since the approval of the Tentative Map; 2. There have been no changes in the character of the site or its surroundings that affect how the policies of the General Plan or other standards of this Title or the Development Code apply to the project; and 3. There have been no changes to the capacities of community resources, including but not limited to water supply, sewage treatment or disposal facilities, roads or schools so that there is no longer sufficient remaining capacity to serve the project. B. Tentative Maps with multiple Final Maps. Where a subdivider is required to expend more than $125,000 on improvements as specified in Map Act Section 66452.6 and multiple Final Maps are filed covering portions of a single approved Tentative Map, each filing of a Final Map shall extend the expiration of the Tentative Map by an additional 36 months from the date of its expiration, or the date of the previously filed Final Map, whichever is later. Provided tha4 The total of all extensions shall not extend the approval of the Tentative Map more than 10 years from its approval. C. Vesting Tentative Maps. The C-brmrussion Council may gran , one year extensions for a maximum total of three years to the initial time limit in compliance with Subsection A. of this Section. Arty rights conferred by Section 22.xx.xxx (Vesting Tentative Nlaps) shetil expire if et Finet! Map ig not approved and recorcled before dw expiration of the Yesting , Te, ttative Map. 21. 20.160 - Applications Deemed Approved Any subdivision application deemed approved in compliance with Government Code Section 65956, or Map Act Sections 66452 et seq., shall be subject to all applicable provisions of this the Development Code (Title 22 of the Municipal Code), which shall be satisfied by the subdivider before any Building Permits or other land use entitlements are issued. Parcel or Final Map filed for record after the automatic approval of their Tentative Map shall remain subject to all the mandatory requirements of -+&s -the Development Code and the Map Act, including, but not limited to Map Act Sections 66473, 66473.5 and 66474. Diamond Bar Subdivision Ordinance Article II - Subdivision Review Procedures Hearing Draft - January 5, 1999 II -16 CHAPTER 21.22 - PARCEL MAPS AND FINAL MAPS Sections: 21.22.010 - Purpose of Chapter 21.22.020 - Parcel Maps 21.22.030 - Waiver of Parcel Map 21.22.040 - Parcel Map Form and Content 21.22.050 - Filing and Processing of Parcel Maps 21.22.060 - Parcel Map Approval 21.22.070 - Final Maps 21.22.080 - Final Map Form and Content 21.22.090 - Filing and Processing of Final Maps 21.22.100 - Final Map Approval 21.22.110 - Supplemental Information Sheets 21.22.120 - Recordation of Maps 21.22.130 - Effect of Recorded Map 21.22.140 - Amendments to Recorded Maps 21.22.010 - Purpose of Chapter This Chapter establishes requirements for the preparation, filing, approval and recordation of Parcel and Final Maps, consistent with the requirements of the Map Act. 21.22.020 - Parcel Maps As required by Sections 21.03.020 (Type of Subdivision Approval Required), and 21.20.120 (Completion of Subdivision Process), a Parcel Map shall be filed and approved to complete the subdivision process for a subdivision of four or fewer parcels, except when the requirement for a Parcel Map is waived as set forth in Section 21.22.030. A Parcel Map shall be prepared, filed and processed as set forth in Sections 21.22.040 through 21.22.060. 21.22.030 - Waiver of Parcel Map A subdivider may request waiver of a Parcel Map, and the Council may grant the waiver in compliance with this Section. A. When waiver is allowed. Waiver of a Parcel Map may be requested by a subdivider and granted by the Council for a subdivision that results in the creation of ordy, t-vro pttreels where the following circumstances exist, and the boundaries of the original parcel have been previously surveyed and a map -recorded, and are certain as to location. Diamond Bar Subdivision Ordinance Article II - Subdivision Review Procedures Hearing Draft - January 5,1999 II -17 Parcel Maps and Final Maps 21.22 The original, unsubdivided parcel contains less than five acres, each proposed parcel abuts upon a maintained pubic street and no dedications and improvements are required by this Title; or 2. Each parcel created by the division has a gross area of 20 acres or more and has approved access to a maintained public street; or 3. The parcel(s) have approved access to a public street which comprises part of a tract of land zoned for industrial or commercial development, and which has City approval for street alignments or width; or 4. Each parcel has a minimum gross area of 40 acres, or is not less than a quarter of a quarter Section; or 5. Until January 1, 2003, the land being subdivided is solely for the creation of an environmental subdivision in compliance with Map Act Section 66418.2. B. Application processing and approval. A request for waiver of Parcel Map shall be submitted with the Tentative Map application, together with the required filing fee. The waiver request shall be processed and acted upon concurrently with the Tentative Map application. The Council may grant a requested waiver if: 1. The proposed Tentative Map satisfies all findings required for approval by Section 21.20.080 (Tentative Map Approval or Disapproval); and 2. The proposed subdivision complies with all applicable requirements of the Map Act and this Title as to lot area, improvement and design, drainage, flood control, appropriate improved public roads, sanitary disposal facilities, water supply availability, and environmental protection. C. Expiration of waiver. An approved waiver of Parcel Map shall be subject to the same time limits and opportunities for extension of time as the accompanying Tentative Map, in compliance with Sections 21.20.150 (Expiration of Approved Tentative Map) and 21.20.160 (Extensions of Time for Tentative Maps), and Subsection D. of this Section, following. D. Completion of subdivision. A subdivision for which a Parcel Map has been waived shall be completed by the subdivider satisfying all conditions of approval, and by then filing and obtaining approval of a certificate of completion in compliance with this Section. I Preparation and filing of certificate. The subdivider shall submit an application for a certificate of completion to the City Engineer for review and approval, including the following information. a. A diagram or exhibit illustrating the configuration and dimensions of the parcels described in the legal descriptions submitted with the certificate of completion. Diamond Bar Subdivision Ordinance Article II - Subdivision Review Procedures Hearing Draft - January 5,1999 II -18 Parcel Maps and Final Maps 21.22 b. A statement signed by the subdivider under penalty of perjury that no change in the ownership of the subject property has occurred since the submittal of the title report with the Tentative Map application. If a change in ownership has occurred, the subdivider shall submit a new title report issued within 60 days before the filing of the certificate of completion application. c. A statement by a registered civil engineer, licensed land surveyor, or title company verifying that any required access easements extend to a publicly maintained road. d. A certificate of completion in the form required by the City Engineer, prepared for recording, including: (1) A list of all requirements imposed as conditions of approval of the Tentative Map, including but not limited to any requirements for the construction of offsite and onsite improvements; (2) A statement signed by the owner under penalty of perjury attesting that all of the conditions of approval of the Tentative Map have been met or provided for under the terms of an acceptable subdivision agreement secured by appropriate surety as prescribed by the Map Act; and (3) A legal description of each parcel created in substantial conformance with the approved Tentative Map, prepared by a registered civil engineer or licensed land surveyor. e. Any required recordation fees. 2. Review and approval of certificate. The City Engineer shall review, approve or disapprove, and complete the processing of a certificate of completion by examining the materials submitted and performing other investigations as necessary to ensure that: a. All record title owners have consented to the subdivision; b. The certificate of completion accurately describes the conditions of approval, and that the conditions of approval have been satisfactorily completed; and c. The legal descriptions on the certificate are accurate, and are in substantial conformance with the approved Tentative Map. If the City Engineer is satisfied that the certificate of completion and materials submitted with it comply with the above requirements, the City Engineer shall place an endorsed approval upon the face of the certificate and shall file it with the County Recorder. Upon recording, the subdivision shall be deemed Diamond Bar Subdivision Ordinance Article II - Subdivision Review Procedures Hearing Draft - January 5,1999 II -19 Parcel Maps and Final Maps 21.22 completed, and the parcels created by the subdivision may be conveyed or otherwise transferred. 21.22.040 - Parcel Map Form and Content A Parcel Map shall be prepared by or under the direction of a qualified, registered civil engineer or licensed land surveyor, registered or licensed by the State of California. Parcel Map submittal shall include the application forms, and all information and other materials prepared as required by the Department. 21.22.050 - Filing and Processing of Parcel Maps A. Filing with the City Engineer. The Parcel Map, together with all data, information and materials required by Section 21.22.040 above shall be submitted to the City Engineer. The Parcel Map shall be considered submitted when it is complete and complies with all applicable provisions of this Title and the Map Act. B. Review of Parcel Map. The City Engineer shall: Determine whether all applicable provisions of this Title and the Map Act have been complied with, that the map is technically correct, and that it is in substantial compliance with the approved Tentative Map; and 2. Obtain verification from the Department that the Parcel Map conforms to the approved Tentative Map and that any conditions of approval for which that office is responsible have been completed. If the Parcel Map does not conform as required above, the subdivider shall be notified, and given the opportunity to make necessary changes and resubmit the Parcel Map, together with all required data if the Tentative Map has not expired. The 50- day tihn-dt shali -tot include atty time needed by the st+divider to ntake wTy necessary me changes. 21.22.060 - Parcel Map Approval After determining that the Parcel Map is in compliance and is technically correct in compliance with Section 21.22.040, the City Engineer shall approve the Parcel Map and forward the map to the County Recorder for filing in compliance with Section 66450 of the Map Act. except as folleovs. If a dedication or offer of dedication is required on the Parcel Map, the City Engineer shall forward the Parcel Map to the Council. The map shall then be placed on the City Council consent agenda for final acceptance. After action by the Council approving the Parcel Map, it shall be transmitted by the City Engineer to the County Recorder for filing. Diamond Bar Subdivision Ordinance Article II - Subdivision Review Procedures Hearing Draft - January 5,1999 II -20 Parcel Maps and Final Maps 21.22 21.22.070 - Final Maps As required by Section 21.03.020 (Type of Subdivision Approval Required), a Final Map shall be filed and approved to complete the subdivision process for a subdivision of five or more parcels. A Final Map shall be prepared, filed and processed as set forth in Sections 21.22.080 through 21.22.100. 21.22.080 - Final Map Form and Content A Final Map shall be prepared by or under the direction of a qualified registered civil engineer or licensed land surveyor, registered or licensed by the State of California. Final Map submittal shall include all information and other materials prepared as required by the Department. A Final Map submittal shall also include a digital copy of the Final Map, prepared using computer software and standards specified by the City Engineer. 21.22.090 - Filing and Processing of Final Maps A. Filing with City Engineer. The Final Map, together with all data, information and materials required by Section 21.22.060 above shall be submitted to the City Engineer. The Final Map shall be considered submitted when it is complete and complies with all applicable provisions of this Title and the Map Act. B. Review of Final Map. The City Engineer shall review the Final Map and all accompanying materials, and shall: 1. Determine whether all applicable provisions of this Title and the Map Act have been complied with, that the map is technically correct, and that it is in substantial compliance with the approved Tentative Map; and Diamond Bar Subdivision Ordinance Article II - Subdivision Review Procedures Hearing Draft - January 5,1999 II -21 Parcel Maps and Final Maps 21.22 2. Obtain verification from the Department that the Final Map conforms to the approved Tentative Map and that any conditions of approval for which that office is responsible have been completed. If the Final Map does not conform as required above, the subdivider shall be notified, and given the opportunity to make necessary changes prior to Tentative Map expiration and resubmit the Parcel Map, together with all required data. The56-cls+ C. Multiple Final Maps. The subdivider may file multiple Final Maps on the approved Tentative Map if the subdivider either included a statement of intention with the Tentative Map or, if after the filing of the Tentative Map, the Director approved the request. 21.22.100 - Final Map Approval After determining that the Final Map is in compliance and is technically correct in compliance with Section 21.22.080, the City Engineer shall execute the City Engineer's certificate on the map in compliance with Map Act Section 66442, and forward the Final Map to the Council for action, as follows. A. Review and approval by Council. The Council shall approve or disapprove the Final Map at its next regular meeting after the City Clerk receives the map, or at its next regular meeting after the meeting at which it receives the map. ' --' - -t noevent unless that time limit is extended with the mutual consent of the City Engineer and the subdivider. 1. Criteria for approval. The Council shall approve the Final Map if it conforms to all the requirements of the Map Act, all provisions of this Title that were applicable at the time that the Tentative Map was approved, and is in substantial compliance with the approved Tentative Map. 2. Waiver of errors. The Council may approve a Final Map that fails to meet any of the requirements of this Title or the Map Act applicable at the time of approval of the Tentative Map, when the Council finds that the failure of the map is a technical or inadvertent error which, in the determination of the Council does not materially affect the validity of the map. 3. Approval by inaction. If the Council does not approve or disapprove the map within the prescribed time or any authorized extension, and the map conforms to all applicable requirements and rulings, it shall be deemed approved, and the City Clerk shall certify its approval on the map. B. Map with dedications. If a dedication or offer of dedication is required on the Final Map, the Council shall accept, accept subject to improvement, or reject with or without Diamond Bar Subdivision Ordinance Article II - Subdivision Review Procedures Hearing Draft - January 5, 1999 1I-22 Parcel Maps and Final Maps 21.22 prejudice any or all offers of dedication, at the same time as it takes action to approve the Final Map. If the City Council rejects the offer of dedication, the offer shall remain open and may be accepted by the City Council at a later date pursuant to Section 66477.2 of the Map Act. Any termination of an offer of dedication shall be processed in compliance with Section 66477.2 of the Map Act and the street vacation procedure. C. Map with incomplete improvements. If improvements required by this Title, conditions of approval or by law have not been completed at the time of approval of the Final Map, he Council shall require the subdivider to enter into an agreement with the City as specified in Map Act Section 66462, and Section 21.34.040 (Improvement Agreements and Security), as a condition precedent to the approval of the Final Map. D. Transmittal to Recorder. After action by the Council, and after the required signatures and seals have been affixed, the City Clerk shall transmit the Final Map to County Recorder for filing, in compliance with Section 21.22.120 (Recordation of Maps). 21.22.110 - Supplemental Information Sheets In addition to the information required to be included in Parcel Maps and Final Maps (Sections 21.22.040 and 21.22.080, respectively), additional information may be required to be submitted and recorded simultaneously with a Final Map as required by this Section. A. Preparation and form. The additional information required by this Section shall be presented in the form of additional map sheets, unless the Director determines that the type of information required would be more clearly and understandably presented in the form of a report or other document. The additional map sheet or sheets shall be prepared in the same manner and in substantially the same form as required for Parcel Maps by Section 21.22.040 (Parcel Map Form and Content). B. Content of information sheets. Supplemental information sheets shall contain the following statements and information: 1. Title. A title, including the number assigned to the accompanying Parcel or Final Map by the City Engineer, the words "Supplemental Information Sheet;" 2. Explanatory statement. A statement following the title that the supplemental information sheet is recorded along with the subject Parcel or Final Map, and that the additional information being recorded with the Parcel or Final Map is for informational purposes, describing conditions as of the date of filing, and is not intended to affect record title interest; 3. Location map. A location map, at a scale not to exceed one inch equals 2,000 feet. The map shall indicate the location of the subdivision within the City; Diamond Bar Subdivision Ordinance Article II - Subdivision Review Procedures Hearing Draft - January 5, 1999 II -23 Parcel Maps and Final Maps 21.22 4. Areas subject to flooding. Identification of all lands within the subdivision subject to periodic inundation by water; 5. Soils or geologic hazards reports. When a soils report or geological hazard report has been prepared, the existence of the report shall be noted on the information sheet, together with the date of the report and the name of the engineer making the report; and 6. Information required by conditions of approval. Any information required by the approval body to be included on the supplemental information sheet(s) because of its importance to potential successors in interest to the property, including any other easements or dedications. 21.22.120 - Recordation of Maps A. At the time of filing of a Parcel or Final Map with the County Recorder, the subdivider shall present to the County Recorder evidence that, at the time of filing the map, the parties consenting to the filing are all parties having vested fee interest in the property being subdivided and are parties required to sign the certificate described in Map Act Section 66445(e). B. The County Recorder will review and act upon Parcel and Final Maps filed with that office as set forth in Article 6, Chapter 3 of the Map Act and other applicable provisions of state law. 21-22.130 Effect of Recoided Map e)dsbed within the boundetries ai Rte subdiroision before approval ai the Tentative Map. 21.22.1430 - Amendments to Recorded Maps A recorded Parcel or Final Map shall be modified to correct errors in the recorded map or to change characteristics of the approved subdivision only as set forth in this Section. A. Corrections. In the event that errors in a Parcel or Final Map are discovered after recordation, or that other corrections are necessary, the corrections may be accomplished by either the filing of a certificate of correction or an amending map, in compliance with Article 7, Chapter 3 of the Map Act. For the purposes of this Section, "errors" include errors in course or distance (but not changes in courses or distances from which an error is not ascertainable from the Parcel or Final Map), omission of any course or distance, errors in legal descriptions, or any other map error or omission as approved by the City Engineer that does not affect any property right, including but not limited to lot numbers, acreage, street names, and identification of adjacent record maps. Other corrections may include indicating monuments set by engineers or Diamond Bar Subdivision Ordinance Article II - Subdivision Review Procedures Hearing Draft - January 5,1999 II -24 Parcel Maps and Final Maps 21.22 surveyors other than the one that was responsible for setting monuments, or showing the proper character or location of any monument that was incorrectly shown, or that has been changed. B. Changes to approved subdivision. In the event that a subdivider wishes to change the characteristics of an approved subdivision, including but not limited to the number or configuration of parcels, location of streets or easements, or the nature of required improvements, the construction of which has been deferred through the approval of an agreement in compliance with Section 21.34.040 (Improvement Agreements and Security), a new tentative and Parcel or Final Map shall be filed and approved as required by Section 21.03.020 (Type of Subdivision Approval Required). Diamond Bar Subdivision Ordinance Article II - Subdivision Review Procedures Hearing Draft - January 5, 1999 II -25 Parcel Maps and Final Maps 21.22 Diamond Bar Subdivision Ordinance Article II - Subdivision Review Procedures Hearing Draft - January 5, 1999 II -26 Condominiums and Condominium Conversions 21.24 CHAPTER 21.24 - CONDOMINIUMS AND CONDOMINIUM CONVERSION Sections: 21.24.010 - Purpose of Chapter 21.24.020 - Condominiums 21.24.030 - Condominium Conversions 21.24.010 - Purpose of Chapter This Chapter establishes requirements for applications for the creation of a condominium or other common interest development (including a community apartment project, planned development or stock cooperative, as provided by California Civil Code Section 1361) simultaneously with the construction of anew structure, and the conversion of an existing structure to a condominium, consistent with the requirements of the Subdivision Map Act. 21.24.020 - Condominiums When a residential structure is proposed at the time of construction as a condominium or other common interest development , plarmed development or stock cooperative, as provideel by- California Civil Gode Section ,a Tentative Map for the project shall be filed in the same form, have the same contents and accompanying data and reports and shall be processed, approved or denied in the same manner in compliance with Chapter 21.20 (Tentative Map Filing and Processing). Chapter 21.22 (Parcel Maps and Final Maps) determines whether a Parcel or Final Map shall also be filed. 21.24.030 - Condominium Conversions A condominium conversion is the conversion of real property to a common interest development as defined by Section 1351 of the California Civil Code. A conversion shall require the approval of a Tentative Map, and Parcel or Final Map, except where a Parcel Map, or Tentative and Final Map are waived in compliance with Map Act Sections 66428(b) or 66428.1, for the conversion of a mobile home park. If a Parcel Map is waived, a Tentative Map shall still be required. A Tentative Map for a condominium conversion shall be filed in the same form, have the same contents and accompanying data and reports and shall be processed, approved or Diamond Bar Subdivision Ordinance Article II - Subdivision Review Procedures Hearing Draft - January 5,1999 II -27 Condominiums and Condominium Conversions 21.24 disapproved in the same manner as set forth in Chapter 21.20 (Tentative Map Filing and Processing), with the following exceptions. A. Application contents. Condominium conversion applications shall include the same information and materials as Tentative Map applications, except for conversions of residential projects, which shall also include the following information and materials. 1. Tentative Map. The Tentative Map for a condominium, community apartment project, or the conversion of five or more existing dwelling units to a stock cooperative need not show the buildings or the manner in which the airspace above the property shown on the map are to be divided. However, the applicant shall provide an illustration of how division will occur to enable verification of the accuracy of the legal descriptions on deeds for the transfer of ownership of the units. 2. Public notice materials. Stamped, Number 10 envelopes addressed to each tenant of the property being converted, with first class postage affixed to each envelope. 3. Verification of stock cooperative vote. If the development being converted to a condominium is a stock cooperative, the application shall also include verification of the vote required by Map Act Section 66452.10. 4. Relocation assistance program. A program proposed by the applicant that will assist tenants displaced through the conversion in relocating to equivalent or better housing, in compliance with the General Plan. This program shall, at a minimum, comply with the provisions of the Map Act Section 66452.8. S. Vacancy rate assessment. An assessment of the vacancy rate in multi -family housing within the City. 6. Mobile home park conversion impact report. If the development being converted to a condominium is a mobile home park, the application shall also include the report required by Map Act 66427.4. B. Staff report. The staff report on the Tentative Map for the condominium conversion (Section 21.20.040) shall be provided the subdivider and each tenant of the subject property at least three days before any hearing or action on the Tentative Map by the Commission or Council. C. Public notice. The following notice shall be provided in addition to that required by Chapter 22.72 (Public Hearings) of the Development Code: 1. Tenant notice. The subdivider shall give notice to all existing or prospective tenants as set forth in Map Act Sections 66452.8 and 66452.9, and shall provide the Department satisfactory proof that the notice was given; and Diamond Bar Subdivision Ordinance Article II - Subdivision Review Procedures Hearing Draft - January 5,1999 II -28 Condominiums and Condominium Conversions 21.24 2. Public hearing notice. Notice of the public hearing(s) on the Tentative Map shall be provided to all tenants of the subject property, as required by Map Act Section 66451.3. D. Approval of conversion, required findings. 1. Time limit, stock cooperatives. The approval or disapproval of the conversion of an existing building to a stock cooperative shall occur within 120 days of the application being found complete in compliance with Chapter Section 22.44.050 (Initial Application Review) of the Development Code. The 120 -day time limit may be extended by mutual consent of the subdivider and the City. 2. Conversion findings, residential projects. Approval of a tentative or Final Map for a subdivision to be created from the conversion of residential real property into a condominium project, community apartment project or stock cooperative shall not be granted unless the findings set forth in Map Act Section 66427.1 are first made. 3. Limitation on conversions. In compliance with the General Plan, no condominium conversion shall be approved while the vacancy rate within the City for multi -family housing is less than four percent. E. Completion of conversion. The filing, approval and recordation of a Parcel Map or Final Map in compliance with Chapter 21.22 (Parcel Maps and Final Maps) shall be required to complete the subdivision process, except where a Parcel Map, or tentative and Final Map are waived for the conversion of a mobile home park in compliance with Map Act Section 66428(b) or 66428.1. If a Parcel Map is waived, a Tentative Map shall still be required. Diamond Bar Subdivision Ordinance Article II - Subdivision Review Procedures Hearing Draft - January 5,1999 11-29 Condominiums and Condominium Conversions 21.24 Diamond Bar Subdivision Ordinance Article II - Subdivision Review Procedures Hearing Draft - January 5, 1999 II -30 CHAPTER 21.26 - LOT LINE ADJUSTMENTS Sections: 21.26.010 - Purpose of Chapter 21.26.020 - Applicability 21.26.030 - Adjustment Application and Processing 21.26.040 - Approval or Denial of Adjustment 21.26.050 - Completion of Adjustment 21.26.010 - Purpose of Chapter This Chapter provides procedures for the preparation, filing, processing, and approval or denial of Lot Line Adjustment applications, consistent with the policies of the General Plan and the requirements of Map Act Section 66412(d). 21.26.020 - Applicability A. As provided by Map Act Section 66412(d), the Lot Line Adjustment procedure is for the purpose of relocating lot lines between two or more existing adjacent parcels, where land taken from one parcel is added to an adjacent parcel and where no more parcels are created than originally existed. For the purposes of this Chapter, an "adjacent parcel" is one that directly touches at least one of the other parcels involved in the adjustment. B. Parcels combined by encumbrances or encroachments of existing structures shall be considered a single original parcel for purposes of an adjustment in compliance with this Chapter. 21.26.030 - Adjustment Application and Processing A Lot Line Adjustment application shall be prepared, filed and processed as provided by this Section. A. ' Application content. A Lot Line Adjustment application shall include all information and other materials required by the Department. B. Processing. Lot Line Adjustment applications shall be submitted to the Department and shall be processed in compliance with the procedures specified by Chapter 22.44 (Application Filing and Processing) of the Development Code. No environmental review shall be required, in compliance withSection 15305 -of -the CEQA Guidelines. Diamond Bar Subdivision Ordinance Article II - Subdivision Review Procedures Hearing Draft - January 5, 1999 II -31 Lot Line Adjustments 21.26 21.26.040 - Approval or Denial of Adjustment The HeMing efficer Director shall determine whether the parcels resulting from the adjustment will conform with the applicable provisions of this Title. After a public ieari.tg (Ghapter 22.xx of the Development C= -ie). The Hettring Offi Director may approve, conditionally approve, or deny the Lot Line Adjustment in compliance with this Section. Decisions made by the ifearingOff* Director may be appealed to the Commission in compliance with Chapter 22.74 (Appeals) of the Development Code. A. Required findings. A proposed Lot Line Adjustment shall be denied if the ! feitring Officer Director finds any of the following: The adjustment will have the effect of creating a greater number of parcels than exist before adjustment; 2. Any parcel resulting from the adjustment will conflict with any applicable regulations of -this the Development Code; or 3. The adjustment will result in an increase in the number of nonconforming parcels. B. Conditions of approval. In approving a Lot Line Adjustment, the Director shall adopt conditions only as necessary to conform the adjustment and proposed parcels to the requirements of this Title and Title 15 (Building Regt4ettiem and Construction Safety) of the Municipal Code, or to facilitate the relocation of existing utilities, infrastructure, or easements. 21.26.050 - Completion of Adjustment Within 24 months 1 year after approval of The Lot Line Adjustment, the adjustment process shall be completed in compliance with this Section through the recordation of a deed or record of survey, after all conditions of approval have been satisfied. A. Completion by deed. A Lot Line Adjustment shall not be considered kga}ly effective or finally completed until a grant deed or -- 1iimeleeel signed by the record owners has been recorded. The Applicant shall submit deeds to the City Engineer for review and approval in compliance with Subsection C. below (Review and Approval by City Engineer), before recordation of the grant deed or quit clairn d . The legal descriptions provided in the deeds shall be prepared by a qualified registered civil engineer, or a licensed land surveyor licensed or registered in the State. B. Completion by record of survey. If required by Section 8762 et seq. of the Business and Professions Code, a Lot Line Adjustment shall notbe effective or final until a record of survey has been checked by the City Engineer and Diamond Bar Subdivision Ordinance Article II - Subdivision Review Procedures Hearing Draft - January 5,1999 II -32 Lot Line Adjustments 21.26 recorded by the County Recorder. Where not required, a Lot Line Adjustment may also be completed by record of survey in compliance with this Subsection at the option of the Applicant. C. Review and approval by City Engineer. The City Engineer shall: 1. Examine the deeds to ensure that all record title owners and lien holders have consented to the adjustment; 2. Verify that all conditions of approval have been satisfactorily completed and that the deeds are in substantial compliance with the Lot Line Adjustment as approved by the review authority; 3. Verify that the property owners have either obtained partial reconveyances from any mortgagor or other lien holder for any portion of a parcel being transferred to an adjacent parcel, and that any liens covering the adjacent property have been modified to cover the newly created larger parcel; -3-.4. If satisfied that the deeds comply with the above requirements, place an endorsed approval upon the deeds; and 4.5. After approval of the legal descriptions, assemble the deeds and return them to the Applicant for recordation. D. Expiration. The approval of a Lot Line Adjustment shall expire and become void if the adjustment has not been completed as required by this Section within X412 months of approval. Diamond Bar Subdivision Ordinance Article II - Subdivision Review Procedures Hearing Draft - January 5, 1999 II -33 Lot Line Adjustments 21.26 Diamond Bar Subdivision Ordinance Article II - Subdivision Review Procedures Hearing Draft - January 5, 1999 II -34 CHAPTER 21.28 - CERTIFICATES OF COMPLIANCE Sections: 21.28.010 - Purpose of Chapter 21.28.020 - Applicability 21.28.030 - Application Contents 21.28.040 - Review and Approval 21.28.050 - Conditional Certificates of Compliance 21.28.010 - Purpose of Chapter This Chapter provides procedures for the filing, processing, and approval or denial of Certificates of Compliance and Conditional Certificates of Compliance, consistent with the policies of the General Plan and the requirements of the Map Act. 21.28.020 - Applicability A Certificate of Compliance is a document recorded by the County Recorder, which acknowledges that the subject parcel, which was typirally mented prier to curten subdivision I. nents, is considered by the City to be a legal lot of record. A Conditional Certificate of Compliance is used instead of a Certificate of Compliance to validate a parcel that was not legally subdivided. Section 66499.35 of the Map Act reelt2ires the approvai of theae . Any person owning real property, or a purchaser of the property in a contract of sale of the property, may request a Certificate of Compliance. 21.28.030 - Application Contents A Certificate of Compliance application shall include the form provided by the Department, the required filing fee, and a chain of title, consisting of copies of all deeds beginning before the division and thereafter, unless the parcels were created through a recorded subdivision map. 21.28.040 - Review and Approval A. 11earing Officet Director action. The-1leming-effiter Director shall review all available information and make a determination whether the real property was divided in accordance with the Map Act, this Title, and other applicable provisions of the Municipal Code. Upon making the determination, th Director shall cause a Certificate of Compliance to be filed with the County Recorder. In the event that the ifeerring E)ificerDirector determines that the real property does not comply with the provisions of this Title or the Map Act, the application shall instead Diamond Bar Subdivision Ordinance Article II - Subdivision Review Procedures Hearing Draft - January 5, 1999 II -35 Certificates of Compliance 21.28 be processed as a Conditional Certificate of Compliance (Section 21.28.050, Conditional Certificates of Compliance). B. Form of certificate. The Certificate of Compliance shall identify the real property, shall state that the division complies with the provisions of the Map Act and this Title, and shall include all information required by Map Act Section 66499.35. C. Effective date of certificate. A Certificate of Compliance shall not become final until the document has been recorded by the County Recorder. 21.28.050 - Conditional Certificates of Compliance A Conditional Certificate of Compliance is used to validate a parcel that was not legally divided. If the current owners are the original subdividers, conditions may be based on current standards. The preparation, filing and processing of a Conditional Certificate of Compliance application shall occur in compliance with this Section. A. Application. An application for a Conditional Certificate of Compliance shall be prepared and include the same materials as a Certificate of Compliance (Section 21.28.030). B. Review and approval. The processing, review and approval of the application shall occur as follows. 1. Staff Report. The Department shall prepare a staff report that: a. Describes the history of the land division; b. Determines whether the property was legally divided, in compliance with State law and applicable City (or earlier County) regulations at the time of division; c. References provisions of State law and City (or earlier County) ordinances applicable to the subdivision at the time the division in question occurred; and d. Recommends appropriate conditions of approval. 2. Review byHearing Office. Director. Upon making a determination that the real property does not comply with the provisions of this Title or the Map Act, the Hem Director shall grant a Conditional Certificate of Compliance, imposing conditions as provided by Subsection C. above below (Conditions of Approval). C. Conditions of approval. If the owners of the property for which a certificate is requested are the original subdividers, the er Director may impose any conditions that would be applicable to a current subdivision, as provided by the Map Diamond Bar Subdivision Ordinance Article II - Subdivision Review Procedures Hearing Draft - January 5, 1999 II -36 Certificates of Compliance 21.28 Act and this Title, regardless of when the property was divided. If the owners had no responsibility for the subdivision that created the parcel, the Hearing Officer may only impose conditions that would have been applicable at the time the property was acquired by the current owners. D. Appeal. A decision to issue a Conditional Certificate of Compliance and/or the conditions imposed by thr, effi r Director may be appealed to the review authority in compliance with Chapter 22.74 (Appeals) of the Development Code. E. Completion of process. Following expiration of the 10 -day appeal period after the determination and imposition of conditions by the Heating effiter Director, the Agency shall file a Conditional Certificate of Compliance with the County Recorder. The certificate shall identify the property, and serve as notice to the property owner or purchaser who applied for the certificate, a grantee of the owner, or any subsequent transferee or assignee of the property that the fulfillment and implementation of the conditions shall be required before subsequent issuance of a permit or other approval for the development of the property. F. Effective date of certificate. A Conditional Certificate of Compliance shall notbecome effective until the document has been recorded by the County Recorder. Diamond Bar Subdivision Ordinance Article II - Subdivision Review Procedures Hearing Draft - January 5, 1999 II -37 ARTICLE III Subdivision Design and Development Chapter 21.30 - Subdivision Design and Improvement Requirements ........... III -3 21.30.010 - Purpose of Chapter .......................................... III -3 21.30.020 - Applicability of Design and Improvement Standards ............. III -3 21.30.030 - Access, Circulation, Streets ................................... 111-4 21.30.040 - Energy Conservation ........................................ III -8 21.30.050 -Fire Hydrants ............................................... III -8 21.30.060 - Grading, Erosion, and Sediment Control ....................... III -8 21.30.070 -Landscaping ................................................ III -9 21.30.080 - Major Structures ............................................ III -9 21.30.090 - Monuments ................................................ III -9 21.30.100 - Parcel and Block Design ..................................... III -10 21.30.110 - Public Utilities and Utility Easements ......................... III -12 21.30.120 - Residential Density ......................................... III -13 21.30.130 - Sewage Disposal ........................................... III -13 21.30.140 -Street Lighting ............................................. III -13 21.30.150 - Street Names .............................................. III -13 21.30.160 - Storm Drainage and Watercourses ............................ III -14 21.30.170 - Traffic Safety Devices ....................................... III -15 21.30.180 - Water Supply .............................................. III -15 Chapter 21.32 - Dedications and Exactions ................................... III -17 21.32.010 - Purpose of Chapter ......................................... III -17 21.32.020 - Applicability .............................................. III -17 21.32.030 - Findings Required for Dedications and Exactions ............... III -17 21.32.040 - Park Land Dedications and Fees .............................. 11I-17 21.32.050 - Right -of -Way Dedications ................................... III -22 Chapter 21.34 - Improvement Plans and Agreements .......................... III -25 21.34.010 - Purpose of Chapter ......................................... III -25 21.34.020 - Improvement Plans ......................................... III -25 21.34.030 - Installation of Improvements ................................ III -26 21.34.040 - Improvement Agreements and Security ....................... III -27 Chapter 21.36 - Surveys and Monuments .................................... III -31 21.36.010 - Purpose of Chapter ......................................... III -31 21.36.020 - Survey Procedure and Practice ............................... III -31 21.36.030- Monuments ............................................... III -31 21.36.040 - Survey Information on Final or Parcel Map ..................... III -33 Diamond Bar Subdivision Ordinance Article III - Subdivision Design and Development Hearing Draft - January 5,1999 III -1 Contents Diamond Bar Subdivision Ordinance Article III -.Subdivision Design and Development Hearing Draft - January 5, 1999 III -2 CHAPTER 21.30 - SUBDIVISION DESIGN AND IMPROVEMENT REQUIREMENTS Sections: 21.30.010 - Purpose of Chapter 21.30.020 - Applicability of Design and Improvement Standards 21.30.030 - Access, Circulation, Streets 21.30.040 - Energy Conservation 21.30.050 - Fire Hydrants 21.30.060 - Grading, Erosion and Sediment Control 21.30.070 - Landscaping 21.30.080 - Major Structures 21.30.090 - Monuments 21.30.100 - Parcel and Block Design 21.30.110 - Public Utilities and Utility Easements 21.30.120 - Residential Density 21.30.130 - Sewage Disposal 21.30.140 - Street Lighting 21.30.150 - Street Names 21.30.160 - Storm Drainage and Watercourses 21.30.170 - Traffic Safety Devices 21.30.180 - Water Supply 21.30.010 - Purpose of Chapter This Chapter establishes standards for the design and layout of subdivisions, and the design, construction or installation of public improvements within subdivisions. The purpose of these standards is to ensure, through careful site evaluation and design, the creation of new parcels ' n.rd safe ty of -Ci ty residents and that are consistent with the General Plan and any applicable Specific Plan. 21.30.020 - Applicability of Design and Improvement Standards The requirements of this Chapter apply to subdivisions, and Conditional Certificates of Compliance, in addition to all applicable requirements ofthis the Development Code (Title 22) and this Title, as follows: A. Design standards. The standards in Sections 21.30.030 et seq. of this Chapter apply to the design of all proposed subdivisions, in addition to all applicable requirements of the City Engineer, and the Diamond Bar Development Improvement Standards, Requirements, and Guidelines. Diamond Bar Subdivision Ordinance Article III - Subdivision Design and Development Hearing Draft - January 5,1999 III -3 Subdivision Design and Improvements [►ARM B. Subdivision improvement standards - Conditions of approval. The applicable subdivision improvement and dedication requirements of this Chapter and any other improvements and dedications required by the review authority in compliance with Section 21.20.080 (Tentative Map Approval or Disapproval), shall be described in conditions of approval adopted for each approved Tentative Map (Section 21.20.090). The design, construction or installation of all subdivision improvements shall comply with the requirements of the City Engineer. • • w •............ - pq C. -D. Conflicting provisions. In the event of any conflict between the provisions of this Chapter and other provisions of this Title, or other provisions of the Municipal Code, the most restrictive provisions shall control. In the event of any conflict between the provisions of this Chapter and the Map Act, the Map Act shall control. D. -E— Extent of improvements required - Four or fewer parcels. As required by Map Act Section 66411. 1, improvements required for subdivisions of four or fewer parcels shall be limited to the dedication of rights-of-way, easements, and the construction of reasonable offsite and onsite improvements for the parcels being created. E. 1* Oversizing of improvements. At the discretion of the review authority, improvements required to be installed by the subdivider for the benefit of the subdivision may also be required to provide supplemental size, capacity, number, or length for the benefit of property not within the subdivision, and may be required to be dedicated to the City, in compliance with Article 6, Chapter 4 of the Map Act. In the event that oversizing is required, the City shall comply with all applicable provisions of Map Act Sections 66485 et seq., including the reimbursement provisions of Map Act 66486. F. G-. Exceptions. Exceptions to the provisions of this Chapter may be requested and considered in compliance with Section 21.03.050 (Exceptions to Subdivision Standards). 21.30.030 - Access, Circulation, Streets Proposed subdivisions shall be designed to provide adequate access from each new parcel to a City street, in compliance with this Section. . A. General access and circulation requirements. The subdivider shall provide a comprehensive street system, designed and constructed in compliance with this Section ft - -- --sten- with the General the Diamond Bar Development Diamond Bar Subdivision Ordinance Article III - Subdivision Design and Development Hearing Draft - January 5,1999 III4 Subdivision Design and Improvements 21.30 Improvement Standards, Requirements, and Guidelines, and with the Circulation Element of the General Plan. 1. Street design shall provide for safe vehicular operation at a specified design speed. 2. Public streets shall be required when: a. The street is shown as an arterial or collector ort it master sheet rdtd idgl"vfty p1mr, in the Circulation Element of the General Plan, or any other specific or precise plan; b. The street will be used by the general public as a through access route; or c. A public street is necessary for special needs including bus routes, public service access, bicycle routes and pedestrian access. Private streets are allowed only in compliance with Subsection fr. F., following. B. Alternative standards. The review authority may consider and approve proposed access and street design solutions that differ from the provisions of this Section, and the City's Development Improvement Standards, Requirements, and Guidelines where deemed necessary to properly address the characteristics of adjacent land uses and/or anticipated traffic volumes, or to maintain neighborhood character. The use of alternative standards shall be authorized through the exception procedure in Section 21.03.050. C. Access to subdivision. Every subdivision shall be designed to have access to a City street. Access shall be provided by: 1. The subdivision abutting a City street, where the length of the subdivision along the street, the street right-of-way, and the width of the right-of-way will accommodate the construction of all road improvements required by this Section; or 2. The subdivision being connected to a City street by a non-exclusive right-of-way easement for street, utility, and appurtenant drainage facilities purposes, where the easement shall be: a. Offered for dedication; b. Unencumbered by any senior rights that might serve to restrict its proposed use; and Diamond Bar Subdivision Ordinance Article III - Subdivision Design and Development Hearing Draft - January 5,1999 III -5 Subdivision Design and Improvements 21.30 c. Of a width and location to accommodate the construction of all improvements required by this Section and the City's Development Improvement Standards, Requirements and Guidelines. D. Access to new parcels. Parcels within a proposed subdivision shall be provided access as follows. I. City street access required. Each parcel within a proposed subdivision shall be provided access by being located on an existing City street or a new City street designed and improved in compliance with Subsection C. of this Section, or to a private street if allowed by Subsection -D F. of this Section. 2. Access denial. When a State highway or a street classified as a major arterial in the Circulation Element of the General Plan passes through or abuts a proposed subdivision, direct access to the highway or arterial shall not be permitted from proposed parcels. Reservation strips shall be dedicated to the State or City, as appropriate, where required to control access over certain lot lines over the ends of street stubs. 3. Frontage roads. When lots are proposed to front on a major arterial or State highway, the review authority may require the subdivider to dedicate and improve a service or frontage road separate from the arterial or highway. 4. Alleys. Alleys maybe proposed as part of non-residential subdivisions, but shall not be allowed in residential subdivisions. When a subdivision is proposed in an area zoned commercial or industrial, the subdivider may be required to dedicate and improve alleys at least 20 feet wide at the rear of the parcels. E. Design and improvement of proposed streets. New streets proposed or required within a new subdivision or adjacent to a new subdivision shall be located and designed as follows, and in compliance with the Diamond Bar-Pttb}i rtt and EngineeringDevelopment Improvement Standards, Requirements and Guidelines. I. Alignment. The alignment of streets shown on a Tentative Map shall be: a. Consistent with the Circulation Element of the General Plan, where applicable; and b. Located to be in alignment with existing adjacent streets by continuation of their centerlines, or by adjustments by curves; Plan, ovitete feasible, and d. As required by the Eity, E-Tt-* Diamond Bar Subdivision Ordinance Article III - Subdivision Design and Development Hearing Draft - January 5, 1999 III -6 Subdivision Design and Improvements 21.30 2. Right-of-way and surfaced width. The width of the right-of-way and improved surface of streets shown on a Tentative Map shall be as provided by the Diamond BarSt&rtdttrds Development Improvement Standards, Requirements and Guidelines. 3. Access to unsubdivided property. When a proposed subdivision abuts vacant land that is designated by the General Plan for future subdivision and development, the review authority may require that streets to be constructed with the proposed subdivision be extended to the boundary of the property to provide access to the future development. 4. Improvements to existing streets. When an existing City street provides access to, passes through, or is contiguous with a proposed subdivision, the review authority may require dedication of additional right-of-way and/or improvements to the -city street in compliance with the General Plan, if the ettthority it is determined that the proposed subdivision will create the to Hie need for the improvements. 5. Length of loop, cul-de-sac, and other dead-end streets. The maximum length of a loop street shall be 1,200 feet (STILL TO BE DETERMINED). A proposed subdivision shall not be designed with a dead-end street having a length greater than 500 feet (STILL TO BE DETERMINED) from the first intersecting through street, except for priv ette rands. The wdrnm"t�of _----- rrA�Juuuig ai. ucwu .....------ Maximum length shall be measured from the edge of the roadway surface at the intersection that begins the road, to the end of the road surface at its farthest point. F. Private roads. Private roads are allowed as provided in this Section. Private roads shall not be permitted exceptwhere the Council determines that a private street system will adequately serve the proposed subdivision, will not be a substantial detriment to adjoining properties and will not disrupt or prevent the establishment of an orderly circulation system in the vicinity of the subdivision. 1. Maintenance requirements. Provisions satisfactory to the City Attorney shall be made for lot owners association or other organization to assume responsibility for the maintenance of private roads and ownership of the street right-of-ways of any subdivision. 2. Design and improvement standards. Private roads shall be designed and improved as set forth in Subsections B. and C. 3. Security and conditions. The Commission and/or Council may require any guarantees and conditions it deems necessary to carry out the provisions of this Title pertaining to private roads. Private roads and easements providing access Diamond Bar Subdivision Ordinance Article III - Subdivision Design and Development Hearing Draft - January 5, 1999 III -7 Subdivision Design and Improvements 21.30 to parcels within a subdivision shall be located and shown on the Parcel or Final Map. 4. Offer of dedication. All proposed private roads shall be subject to-cmditim r 11 irrevocable offers of dedication to the City on the applicable Parcel or Final Map, or separate instrument submitted to the City along with the Parcel or Final Map. G. Alternative circulation systems. Proposed subdivisions shall be designed to provide rights-of-way for pedestrian paths, bikeways and multiple use trails consistent with the Circulation Element of the General Plan, and/or the Parks and Recreation Master Plan, as applicable., sylste-m sho-orn in the Getteral Pimt mdlot in airy appheable Specific Platt cent be 21.30.040 - Energy Conservation The design of a subdivision for which a Tentative and Final Map are required by this Title shall provide, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivisions, in compliance with Map Act Section 66473.1. 21.30.050 - Fire Hydrants A. Installation, location, number. The subdivider shall install fire hydrants connected to a water supply capable of delivering the required fire flow, within the public right- of-way, along private streets, and/or on the site to be protected, in compliance with this Section. The number and location of fire hydrants shall be determined by the review authority based upon recommendations from the Fire Chief. Standard hydrant spacing shall be at 300 -foot intervals in all areas except areas containing only single -story single-family or duplex dwellings, in which case standard hydrant spacing shall be at 500 foot intervals. 3. The review authority may make minor modifications to the hydrant placement distances above based on recommendations from the Fire Chief, where the review authority determines that it would not be adverse to the City's fire protection capabilities. In no case shall fire hydrants be spaced closer than 300 -foot intervals. B. Hydrant type. Proposed fire hydrants shall be a model approved by the Fire Chief. 21.30.060 - Grading, Erosion, and Sediment Control New subdivisions shall be designed so that all proposed grading incorporates appropriate erosion and sediment control measures in compliance with Section 18.108.190 of the Municipal Code. Diamond Bar Subdivision Ordinance Article III - Subdivision Design and Development Hearing Draft - January 5,1999 III -8 Subdivision Design and Improvements 21.30.070 - Landscaping 21.30 A. Landscaping requirements. Landscaping shall be provided as follows, and in compliance with Chapter 22.24 (Landscaping Standards), and Section 22.30.070.H (Development Standards for Off -Street Parking - Landscaping) of the Development Code, where applicable. 1. Residential subdivisions. The developer shall provide a residential subdivisions Bled with landscaping in the form of street trees on each proposed parcel that is not a flag lot, landscaping with irrigation facilities for any common areas or other open space areas within the subdivision, and any additional landscaping required by the review authority. 2. Nonresidential subdivisions. The developer shall provide a nonresidential subdivision rovided with landscaping as required by the review authority. B. Plant materials, irrigation. All proposed and/or required trees, shrubs, ground covers, vines, turf, and other plant materials shall be of a type approved by the Director and, to the greatest extent practicable, shall be of drought -resistant and drought -tolerant types or varieties. Plant materials and irrigation systems shall comply with the requirements of Chapter 22.24 (Landscaping Standards) of the Development Code. The subdivider shall provide a mechanism or system for the permanent maintenance of any common area or open space landscaping. C. Deferral of installation. The installation of required landscaping may be deferred until the development of the subdivided lots through the provisions of Section 21.34.040 (Improvement Agreements and Security), provided that interim erosion and sediment control measures are first installed in compliance with Section 21.30.060 above (Grading, Erosion and Sediment Control). 21.30.080 - Major Structures The review authority may require the subdivider to provide major structures, including retaining walls, bridges or dams, based on the needs for these facilities created by the subdivision. Each structure shall be designed and approved on an individual basis. The subdivider shall provide the City with all drawings, specifications, and engineering calculations used in the design and construction of a major structure. 21.30.090 - Monuments The subdivider shall install monuments in compliance with Chapter 21.36 (Surveys and Monuments), and the Map Act. Diamond Bar Subdivision Ordinance Article III - Subdivision Design and Development Hearing Draft - January 5,1999 III -9 Subdivision Design and Improvements 21.30 21.30.100 - Parcel and Block Design The size, shape and arrangement of proposed parcels shall comply with this Section, or with any General Plan policy, applicable Specific Plan requirement, other Development Code provision, or other Municipal Code provision applicable to a proposed subdivision. A. Parcel area. The minimum area for new parcels shall be as required by Article II (Zoning Districts and Allowable Land Uses), except as otherwise provided by this Section. 1. Calculation of area. When calculating the area of a parcel to determine compliance with this Section, Article H, or the General Plan, the following shall be deducted from the gross area of any parcel, regardless of whether they may be used by the general public or are reserved for residents of the subdivision: a. A vehicular or non -vehicular access easement through the parcel; b. An easement for an open drainage course, whether a ditch, natural channel or floodway; or c. The "flag pole" (access strip) of a flag lot. (See Subsection B.S, following.) 2. Specific Minimum lot area requirements for small lot projects—common interest developments. The minimum lot area requirements of Article II shall not apply to condominiums and condominium conversions, planned developments, townhouses, zero lot line, and similar small lot projects intendeel for indivi lotawnershdp common interest developments, but shall apply to the creation of the original parcel or parcels that are the location of the sma4l- lot prejeet- common interest development. B. Dimensions. The dimensions of new parcels shall be as follows. 1. Parcel width. New parcels shall be designed to have a minimum width of 50 feet; except that each parcel on a turnaround, cul-de-sac or curved street, where the side lot lines are diverging from the front to the rear of the parcel, shall have a minimum width of 60 feet, measured at the front setback line required for the primary structure by Article II. 2. Parcel depth. No new parcel shall have a depth less than 80 feet, or a depth greater than three times the average width of the lot when the lot has a width of less than 250 feet. 3. Exceptions. The review authority may approve parcels withdifferent dimensions than provided by this Section within the -PD (Planned Development) overlay zoning district, or where the review authority determines a different dimensions are appropriate because of topographic constraints. Diamond Bar Subdivision Ordinance Article III - Subdivision Design and Development Hearing Draft - January 5, 1999 III -10 Subdivision Design and Improvements 4. Location of lot lines. 21.30 a. Orientation to streets. The side lot lines of all parcels shall be at right angles to the center line of the street, and radial ttely retdial to curved streets, to provide adequate street frontage for each parcel. b. City limits. No parcel shall be designed so that it will be divided by the City's corporate boundary. c. Relationship to easements. Parcels shall be designed so that lot lines conform to existing or planned easements unless the easements are relocated to conform with the proposed lot pattern. 5. Flag lots. Flag lots are generally discouraged unless they can improve the efficiency of land use, or protect natural features, and/or are desirable because of topographic constraints. Where determined to be appropriate by the review authority, flag lots shall comply with the following requirements. a. Lot design, size. The main portion of the flag lot (not including the access strip, or "flag pole") shall satisfy the provisions of this Section for length, depth, area and design. In no case shall the access strip be less than -1+20 feet in width, nor more than 200 feet in depth. b. Number of housing units served. No Tentative Map shall be approved with more than four homes being provided access to a public street by means of a single flag access strip. C. Parcel and block configuration. The layout of proposed parcels and streets shall be designed to use land efficiently, mitigate environmental impacts, and minimize site disturbance in terms of cuts and fills, and the removal of significant vegetation. 1. Double -frontage lots. Parcels with streets along both the front and rear lot lines shall be prohibited, except when necessitated by topographical or other physical conditions or where access from one of the roads is prohibited. 2. Block length. Blocks shall be no longer than 1,200 feet unless existing conditions warrant an exception (Section 21.03.050). D. Building pads on hillside lots. A Tentative Map proposing parcels with a slope of 20 percent or greater shall show proposed pad locations. Approved pad locations shall be shown on a supplemental information sheet in compliance with Section 21.22.110 (Supplemental Information Sheets), recorded with an approved Parcel or Final Map. E. Driveway standards. Proposed parcels shall be designed to accommodate driveways designed in compliance with Section 22.30.050 (Driveways and Site Access) of the Development Code. Diamond Bar Subdivision Ordinance Article III - Subdivision Design and Development Hearing Draft - January 5, 1999 III -11 Subdivision Design and Improvements 21.30 21.30.110 - Public Utilities and Utility Easements Public utilities including electricity, gas, water, sewer, storm drains and telecommunications services, shall be installed as part of the improvements within all subdivisions as provided by this Section, and by Sections 21.30.130 (Sewage Disposal) and 21.30.180 (Water Supply). The installation of utilities may be waived by the review authority through an exception granted in compliance with Section 21.03.050, if the review authority also finds that not installing the utilities as part of the subdivision improvements will be in the public interest. A. Underground utilities required. Utilities in new subdivisions shall be installed underground, as follows: 1. When undergrounding is required. All existing and proposed utility distribution facilities (including electric, telecommunications and cable television lines) installed in and for the purpose of supplying service to any subdivision shall be installed underground. Equipment appurtenant to underground facilities, including surface mounted transformers, pedestal mounted terminal boxes and meter cabinets, and concealed ducts, shall also be underground, unless otherwise approved by the review authority based on the recommendations of the City Engineer. The subdivider is responsible for complying with the requirements of this Section and shall make the necessary arrangements with the affected utility companies for facility installation. The review authority may waive the requirements of this Section if topographical, soil, or any other conditions make underground installation unreasonable or impractical. 2. Location of installation. Underground utility lines maybe installed within street rights-of-way or along a lot line, subject to appropriate easements being provided if necessary. When installed within street rights-of-way, their location and method of installation, insofar as it affects other improvements within the street right-of-way, shall be subject to the approval of the City Engineer. B. Utility easements. 1. Minimum width. The minimum width of easements for public or private utilities, sanitary sewers, or water distribution systems shall be determined by the review authority based on the recommendations of the City Engineer for City facilities, and the recommendations of the applicable utility company, for public or private utilities. Diamond Bar Subdivision Ordinance Article III - Subdivision Design and Development Hearing Draft - January 5, 1999 III -12 .� ........... 0 N I t I .. , B. Utility easements. 1. Minimum width. The minimum width of easements for public or private utilities, sanitary sewers, or water distribution systems shall be determined by the review authority based on the recommendations of the City Engineer for City facilities, and the recommendations of the applicable utility company, for public or private utilities. Diamond Bar Subdivision Ordinance Article III - Subdivision Design and Development Hearing Draft - January 5, 1999 III -12 Subdivision Design and Improvements 21.30 2. Overhead lines. When overhead utility lines are approved by the review authority, easements ,all be located at the rear of lots where practical, and along the side of lots where necessary. Where practical, the poles supporting overhead lines shall not be installed within any street, alley, or easement designated exclusively for drainage purposes. C. Timing of installation. All underground utilities, water lines, sanitary sewers, and storm drains installed in streets, shall be constructed before the streets are surfaced. Connections to all underground utilities, water lines, and sanitary sewers shall be laid to sufficient lengths to avoid the need for disturbing the street improvements when service connections are made. 21.30.120 - Residential Density The maximum number of dwelling units permitted within a proposed subdivision shall not exceed the density established by the General Plan for the site or the maximum number of dwelling units permitted by the applicable zoning district, wh6chever i- ' A and may be further restricted by considerations of safety, traffic access or circulation, the slope of the natural terrain, the physical suitability of the site, the nature or extent of existing development, the availability of public facilities, utilities, or open spaces or any other provision of this Title. 21.30.130 - Sewage Disposal A. System design. A proposed subdivision shall be designed to provide for connection to the City's sewage collection system, except in areas previously approved for the use of on-site sewage disposal systems. B. Agreement for on-site systems required. Where on-site systems are allowed, the Tentative Map applicant shall be required to execute and record an agreement with the City committing to not protest the formation of an improvement district that may be formed for the installation of a sewage collection system. C. City Engineer approval. Where any part of a sewage collection system is proposed to be installed within a street right-of-way, the system location and construction specifications shall be subject to the approval of the City Engineer. D. Timing of construction. A sewage collection lines- system shall be installed as part of the improvements within all subdivisions. 21.30.140 - Street Lighting A proposed subdivision shall incorporate street lighting facilities determined by the review authority to be consistent with the character of the area, and the needs of public safety, and designed and constructed to the standards established by the City Engineer. 21.30.150 - Street Names Diamond Bar Subdivision Ordinance Article III - Subdivision Design and Development Hearing Draft - January 5,1999 III -13 Subdivision Design and Improvements 21.30 All streets within a proposed subdivision shall be named, and the names shall be approved by the review authority. Duplication of existing names within the same area shall not be allowed in a new subdivision unless the street is an obvious extension of an existing street. 21.30.160 - Storm Drainage and Watercourses A. Drainage systems required. The developer shall provide a subdivisions -shall -be provided with storm drainage facilities as required by this Section, and Section 21.30.160 (Storm Drainage and Runoff). Performance and capacity. Subdivisions shall be designed to provide drainage systems to carry storm run-off both tributary to and originating within the subdivision to approved points of discharge, determined to be necessary by the City Engineer on the basis of information and recommendations provided by the engineer for the subdivider. Drainage facilities shall be designed for a flood frequency of 50 years, unless otherwise approved by the City Engineer. Drainage system design shall avoid unnatural concentrations of storm water runoff and retain existing drainage courses wherever possible. 2. Culverts. The minimum diameter of a storm drain pipe placed beneath a public street shall be 18 inches. Pipe materials shall be approved by the City Engineer, and placed at the grade of the drainage channel whenever practical. Minimum allowable culvert grade shall be 1.0 percent under normal circumstances. Minimum allowable open ditch grade shall be 2.0 percent. 3. Location of facilities. Drainage facilities shall be located within a street right-of- way or within public drainage easements. 4. Timing of installation. Any drainage structures required for the individual parcels of a subdivision shall be installed at the same time as drainage structures within street rights-of-way and other subdivision improvements. 5. Interim maintenance. All subdivision drainage facilities shall be maintained by the developer until accepted by the City or Los Angeles County Flood Control District. B. Drainage easements. Required drainage systems shall be located within drainage easements delineated on the Final Map or Parcel Map, and the easements shall satisfy the following standards. Drainage easements to shall be dedicated to the City and designed to Los Angeles County Flood Control District standards. 1. Offer of dedication. Drainage easements shall be offered for dedication. 2. Alignment of easements. The alignment of drainage easements should conform to the natural watercourse or to the alignment approved for the drainage system. Diamond Bar Subdivision Ordinance Article III - Subdivision Design and Development Hearing Draft - January 5,1999 111-14 Subdivision Design and Improvements 3. Width of easements. 21.30 a. Natural channels. A drainage easement for a natural channel is required where determined to be necessary by the City Engineer. The width of drainage easements for natural channels shall be sufficient to include the 100 year flood high water marks, plus five feet on either side, but in no case less than 20 feet. b. Constructed channels. The minimum width of any drainage easement for a closed conduit system shall be 10 feet and the minimum width for any open system shall be 20 feet. c. Service roads. For any conduit exceeding 30 inches in diameter, or any open ditch with a top width exceeding 12 feet, a 12 -foot service road shall be improved within the drainage easement and dedicated to the City. 4. Downstream property. Where a subdivision causes an increase in and the unnatural concentration of surface waters onto adjacent private or public property, the subdivider shall design the system to mitigate the anticipated increases, or shall obtain an easement for drainage purposes across the property of sufficient width and shall improve the easement in a manner adequate to convey the runoff to a an approved point of disposal approved by the review authority based on the recommendation of the City Engineer. 21.30.170 - Traffic Safety Devices Traffic control and safety devices shall be installed by the subdivider during subdivision construction as required by the review authority, to promote traffic control and safety both during construction, and after occupancy of the subdivision. Traffic control and safety devices shall include regulatory signs, warning signs, guide markers, construction signs, pavement markings, lane delineations, and traffic signals, as determined to be necessary by the review authority. Street name signs shall be installed at all public, private and public/private intersections in compliance with Section 21.30.150 (Street Names). 21.30.180 - Water Supply Water mains and services shall be installed to serve each lot in a proposed subdivision and connected to the facilities of the Walnut Valley Municipal Water District. If any part of the water system is to be installed within a street right-of-way, the system location, including valve boxes, meter boxes, and fire hydrants and the system construction specifications shall be subject to the approval of the City Engineer, and the location of fire hydrants shall also be approved by the Fire Department Chief. Diamond Bar Subdivision Ordinance Article III - Subdivision Design and Development Hearing Draft - January 5,1999 III -15 Subdivision Design and Improvements 21.30 Diamond Bar Subdivision Ordinance Article III - Subdivision Design and Development Hearing Draft - January 5,1999 III -16 CHAPTER 21.32 - DEDICATIONS AND EXACTIONS Sections: 21.32.010 - Purpose of Chapter 21.32.020 - Applicability 21.32.030 - Findings Required for Dedications and Exactions 21.32.040 - Park Land Dedications and Fees 21.32.050 - Right -of -Way Dedications 21.32.010 - Purpose of Chapter This Chapter establishes standards for subdivider dedications of land or payment of fees in lieu thereof, in conjunction with subdivision approval. 21.32.020 - Applicability A. Compliance required. All proposed subdivisions shall comply with the requirements of this Chapter for dedications, reservations, or the payment of in -lieu fees. B. Conditions of approval. The requirements of this Chapter as they apply to a specific subdivision shall eaeh be described in conditions of approval adopted by the review authority for the Tentative Map. 21.32.030 - Findings Required for Dedications and Exactions The "review authority may require any of the dedications or exactions through conditions of approval of a proposed Tentative Map only after first making findings which: A. Identify the purpose for the dedication or exaction; and B. Demonstrate that there is a reasonable relationship between the need for the dedication or exaction and the characteristics and impacts of the subdivision from which the dedication or exaction is required. 21.32.040 - Park Land Dedications and Fees A. Purpose. This Section provides for the dedication of land and/or the payment of fees to the City for park and recreational purposes as a condition of the approval of a Tentative Map. This Section is enacted as authorized by the provisions of Article 3, Chapter 4 of the Map Act, also known as the "Quimby Act." Diamond Bar Subdivision Ordinance Article III - Subdivision Design and Development Hearing Draft - January 5, 1999 III -17 Dedications and Exactions B. Applicability. 21.32 1. Land dedication and/or fee payment required. As a condition of Tentative Map approval, the subdivider shall dedicate land and / or pay a fee in compliance with this Section for the purpose of developing new or rehabilitating existing park or recreation facilities to serve the subdivision. 2. Exemptions. The provisions of this Section do not apply to industrial or commercial subdivisions, condominium projects or stock cooperatives which consist of the subdivision of airspace in an existing apartment building which is more than five years old when no new dwelling units are added, or to any other subdivisions exempted by Map Act Section 66477. C. Amount of parkland required. The amount of acreage required to be dedicated by a residential subdivider for park and recreational purposes shall be based upon the number of dwelling units expected in the subdivision. The required dedication shall be computed using the following formula: X = .005(UP) Where: X = Amount of parkland required, in acres. U = Total number of approved dwelling units in the subdivision. P = 3.4 for attached single-family dwellings; 2.9 for attached single-family (townhouse) dwellings, duplexes, and multi- family dwellings containing four or fewer dwelling units; 2.1 for multi -family dwellings containing five or more unit; and 2.0 for mobile homes. D. Formula for fees in lieu of land. If the entire parkland obligation for a proposed residential subdivision is not satisfied by dedication in compliance with Subsection C. above, the subdivider shall pay a fee to the City in lieu of dedication, as a condition of Tentative Map approval. The fee shall equal the parkland obligation derived from the formula in Subsection C., less the amount of parkland, if any, offered for dedication by the subdivider, times the average per -acre fair market value for the appropriate park planning area. For purposes of determining the required fee, the term "fair market value" shall mean the market value of the land as determined by the staff of the City, and approved by the Commission or Council, prior to or at Tentative Map approval. If the subdivider objects to the valuation, the subdivider, at his/her own expense, may obtain an appraisal of the property by a qualified real estate appraiser approved by the City whose appraisal may be accepted by the City if found reasonable. Fair market value may be determined by mutual agreement of the City and subdivider; however, decisions of the City as to fair market value shall be final and conclusive. Diamond Bar Subdivision Ordinance Article III - Subdivision Design and Development Hearing Draft - January 5, 1999 III -18 Dedications and Exactions 21.32 E. Criteria for requiring dedication and fees. In subdivisions of over 50 lots, the City may require the subdivider to dedicate both land and pay a fee, as follows: 1. Determination of land or fee. Whether the City accepts land dedication or elects to require payment of a fee in lieu thereof, or a combination of both, shall be determined by consideration of the following: a. The Resource Management Element of the General Plan, Master Plan of Parks, and any applicable Specific Plans, and the compatibility of dedication with those plans; b. Topography, geology, access, size, shape and the location of land in the subdivision available for dedication; c. Feasibility of dedication; and d. Availability of previously acquired park property. 2. Fees only. Only the payment of fees shall be required in subdivisions of 50 parcels or less, except that when a condominium project, stock cooperative, or community apartment project exceeds 50 dwelling units, dedication of land may be required even though the number of actual parcels may be less than 50. 3. Procedure for determining land or fee. The review authority shall determine whether the subdivider shall dedicate land, pay in -lieu fees, or provide a combination of both, at the time of Tentative Map approval. The determination of the review authority shall be based on a report and recommendation from the Director. The recommendation by the Director and the action of the review authority shall consider the factors in Subsection E.1 above, and shall include the following: a. The amount of land required; b. Whether a fee shall be charged in lieu of land; c. Whether land and a fee shall be required, and/or that a stated amount of credit be given for private recreation facilities; d. The location and suitability of the park land to be dedicated or use of in -lieu fees; and e. The approximate time when development of the park or recreation facility shall commence. The determination of the City as to whether land shall be dedicated, or whether a fee shall be charged, or a combination thereof, shall be final and conclusive. Diamond Bar Subdivision Ordinance Article III - Subdivision Design and Development Hearing Draft - January 5, 1999 III -19 Dedications and Exactions 21.32 4. Formula for land and fees. When both land dedication and fee payment are required, they shall be subject to the following formula: a. When only a portion of the land to be subdivided is proposed in the Resource Management Element, Master Plan of Parks, or applicable Specific Plan as the site for a local park, that portion shall be dedicated for local park purposes, and a fee computed as provided by Subsection D. shall be paid for any additional land that would have been required to be dedicated by Subsection C. b. When a major part of the local park or recreational site has been acquired by the City and only a small portion of land is needed from the subdivision to complete the site, the remaining portion shall be dedicated, and a fee computed as provided by Subsection D. shall be paid in an amount equal to the value of the land that would otherwise have been required to be dedicated by Subsection C. The fees shall be used for the improvement of the existing park or recreational facility serving the subdivision. 5. Credit for improvements. If the subdivider provides park and recreational improvements on dedicated land, the value of the improvements together with any installed equipment shall be a credit against the required fees or land. 6. Credit for private recreation or open space. Where a substantial private park and recreational area is provided in a proposed subdivision, and will be privately owned and maintained by the future residents of the subdivision, partial credit, not to exceed 75 percent, may be given against the requirement of land dedication or payment of fees in lieu thereof if the review authority finds all of the following: a. Yards, court areas, setbacks, and other open areas required to be maintained by the zoning and building ordinances and regulations shall not be included in the computation of the private open space; b. The private ownership and maintenance of the open space is adequately provided for by recorded written agreement, conveyances, or restrictions; c. The use of the private open space is restricted for park and recreational purposes by recorded covenants, which run with the land in favor of the future owners of property and which cannot be defeated or eliminated without the consent of the City; d. The proposed private open space is usable for active recreation; and e. Facilities proposed for the open space are in substantial compliance with the provisions of the Resource Management Element and Master Plan of Parks. F. Suitability of land to be dedicated. Each park site proposed for dedication in compliance with this Section shall be physically suited for the intended use. Diamond Bar Subdivision Ordinance Article III - Subdivision Design and Development Hearing Draft - January 5, 1999 III -20 Dedications and Exactions 21.32 1. Land which is made part of a park site for subdivision design purposes, but which is physically unsuited for park use, shall be discounted not be considered when calculating the area of the park site provided in compliance with this Section. The park space provided shall be calculated from the road rights-of-way and interior property lines abutting the site, and not from any abutting roadway centerline. 2. Land intended for other than trail use shall have a maximum slope of three percent. If necessary, the site shall be graded by the subdivider to achieve this slope, in compliance with plans approved by the City. Land which has an average slope of more than three percent may be credited against counted as part of the park dedication requirement where the review authority determines that special circumstances exist which would make the acceptance of the land in the public interest. The amount of credit against the park obligation in these cases shall be calculated as shown in Table S 3-1. Greater credit for sites in excess of three percent slope may be granted where the review authority determines that a site contains an exceptional visual, biotic, or other natural resource. TABLE 3-1 CREDIT FOR DEDICATION BASED ON SLOPE Park Size Sio Credit A inti pit Qbli atiaitt 0 to 3% 100% 3.1 to 10% 87% 10.1 to 20% 56% Over 20% 10% 3. If the Council determines that any of the land proposed to be dedicated is not suitable for park use, it may reject all or any portion of the land offered, and in that event the subdivider shall instead pay a fee in compliance with Subsection D., above. G. Conveyance of land, payment of fees. Real property being dedicated for park purposes shall be conveyed by grant -deed the Parcel or Final Map in fee simple absolute, to the City by the subdivider, free and clear of all encumbrances except those which, in the opinion of City Attorney, will not interfere with use of the property for park and recreational purposes, and which the Council agrees to accept. Required The amount of required fees shall be deposited with the City at the time of submittal of a Parcel or Final Map. The deeds mer fees shall be held by the City until the map is recorded, , or the time for recordation expires. The subdivider shall provide all fees and instruments required to convey the land, and title insurance approved by the City Attorney in favor of the City in an amount equal to the value of the land. Diamond Bar Subdivision Ordinance Article III - Subdivision Design and Development Hearing Draft - January 5,1999 III -21 Dedications and Exactions 21.32 H. Use of collected fees: Fees collected in compliance with this Section shall be used only for the purpose of providing new or rehabilitating existing park or recreational facilities reasonably related to serving the proposed subdivision. Any fees collected shall be committed within five years after payment, or issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later. If the fees are not committed, they shall be distributed and paid to the then record owners of the subdivision in the same proportion that the size of their lot bears to the total area of all lots within the subdivision. 21.32.050 - Right -of -Way Dedications A. Offers of dedication required. As a condition of Tentative Map approval, the subdivider shall dedicate or make an irrevocable offer of dedication in fee simple of all land within the subdivision that is determined by the review authority to be needed for public and private streets and alleys, including access rights and abutters' rights; drainage; public and private greenways; scenic easements, public utility easements; and any other necessary public and private easements. B. Improvements. The subdivider shall construct or agree to construct all improvements approved or required for the subdivision, including access rights and abutters' rights, in compliance with the City's Development Improvement Standards, Requirements, and Guidelines. C. Rights-of-way, generally. Rights-of-way shall be of sufficient size to accommodate the required improvements. In addition, where parcels front on a City -maintained road of insufficient width, or when the existing right-of-way is not deeded, the subdivider shall dedicate right-of-way sufficient for the ultimate facility. D. Bicycle paths. If the approved subdivision contains 200 or more parcels, any subdivider who is required to dedicate roadways to the public, shall dedicate additional land for bicycle paths for the use and safety of the residents of the subdivision. E. Transit facilities. Dedications in fee simple or irrevocable offers of dedication of land within the subdivision will be required for local transit facilities including bus turnouts, benches, shelters, landing paths and similar items that directly benefit the residents of the subdivision if: The subdivision as shown on the Tentative Map has the potential for 200 dwelling units or more if developed to the maximum density shown in the General Plan; and 2. The review authority finds that transit services are or will, within a reasonable time period, be available to the subdivision. F. Alternative transportation systems. Whenever the subdivision falls within an area designated for the development of bikeways, hiking or equestrian trails in the General Diamond Bar Subdivision Ordinance Article III - Subdivision Design and Development Hearing Draft - January 5,1999 III -22 Dedications and Exactions 21.32 Plan, Parks and Recreation or Bikeways Master Plans, applicable Specific Plan, or implementing legislation, the subdivider shall dedicate land as is necessary easel feasible to provide for these ways. Diamond Bar Subdivision Ordinance Article III - Subdivision Design and Development Hearing Draft - January 5, 1999 III -23 Dedications and Exactions 21.32 Diamond Bar Subdivision Ordinance Article III - Subdivision Design and Development Hearing Draft - January 5, 1999 III -24 CHAPTER 21.34 - IMPROVEMENT PLANS AND AGREEMENTS Sections: 21.34.010 - Purpose of Chapter 21.34.020 - Improvement Plans 21.34.030 - Installation of Improvements 21.34.040 - Improvement Agreements and Security 21.34.010 - Purpose of Chapter This Chapter establishes procedures and requirements for the review and approval of improvement plans, the installation of improvements, agreements and guarantees for their installation, and dedications. 21.34.020 - Improvement Plans After the approval of a Tentative Map, the subdivider shall diligently proceed to complete any work improvements necessary to fulfill the conditions of approval. Improvement shall be defined as any infrastructure including streets, storm drains, sewers and the like. Before the construction of any improvements, the subdivider shall submit plans to the City as follows: A. Preparation and content. Improvement plans shall be prepared by a California registered civil engineer. Improvement plan submittals shall include the following information: 1. Any drawings, specifications, calculations, design reports and other information required by the City Engineer; 2. Grading, drainage, erosion and sediment control, and a storm water pollution prevention plan (SWPPP) for the entire subdivision; and 3. The improvement plan/ specification checking and construction inspection fees required by the City Fee Resolution. B. Submittal of plans. Improvement plans shall be submitted to the City Engineer and other reviewing agencies for review and approval. Upon the approval of improvement plans in compliance with Subsection C. following, the subdivider shall also submit to the City Engineer a detailed cost estimate of all improvements, based on guidelines provided by the City. C. Review and approval. Improvement plans shall be reviewed and approved by the City Engineer, within the time limits provided by Map Act Section 66456.2. Diamond Bar Subdivision Ordinance Article III - Subdivision Design and Development Hearing Draft - January 5, 1999 III -25 Improvement Plans and Agreements 21.34 D. Effect of approval. The final approval of improvement plans shall generally be required before approval of a Parcel or Final Map. The approval of improvement plans shall not bind the City to accept the improvements nor waive any defects in the improvements as installed. 21.34.030 - Installation of Improvements Subdivision improvements required as conditions of approval of a Tentative Map in compliance with this Chapter (see Section 21.30.020.B) shall be installed as provided by this Section. A. Timing of improvements. Required improvements shall be constructed or otherwise installed only after the approval of improvement plans in compliance with Section 21.34.020, and before the approval of a Parcel or Final Map in compliance with Sections 21.22.060 (Parcel Map Approval) or 21.22.100 (Final Map Approval), except where: 1. Improvements are deferred in compliance with Section 21.34.040 (Improvement Agreements and Security); or 2. Improvements are required as conditions on the approval of a subdivision of four or fewer lots, in which case construction of the improvements shall be required: a. Only when a permit for development of an affected parcel is issued by the Department; or b. At the time the construction of the improvements is required in compliance with an agreement between the subdivider and the City, as set forth in Section 21.34.040 (Improvement Agreements and Security); or c. At the time set forth in a condition of approval, when the review authority finds that fulfillment of the construction requirements by that time is necessary for public health and safety, or because the required construction is a necessary prerequisite to the orderly development of the surrounding area. B. Inspection of Improvements. The construction and installation of required subdivision improvements shall occur as follows. 1. Supervision. Before starting any work, the contractor engaged by the subdivider shall designate in writing an authorized representative who shall have the authority to represent and act for the contractor in contacts with the City. The designated representative shall be present at the work site at all times while work is in progress. At times when work is suspended, arrangements acceptable to the City Engineer shall be made for any emergency work that may be required. Diamond Bar Subdivision Ordinance Article III - Subdivision Design and Development Hearing Draft - January 5, 1999 III -26 Improvement Plans and Agreements 2. Inspection procedures. 21.34 a. Inspections required. The City Engineer shall make any inspections as he/she deems necessary to ensure that all construction complies with the approved improvement plans. Where required by the City Engineer, the developer shall enter into an agreement with the City to pay the full cost of any contract inspection services determined to be necessary by the City Engineer. b. Access to site and materials. The City Engineer shall have access to the work site at all times during construction, and shall be furnished with every reasonable facility for verifying that the materials and workmanship are in accordance with the approved improvement plans. c. Authority for approval. The work done and all materials furnished shall be subject to the inspection and approval of the City Engineer. The inspection of the work or materials shall not relieve the contractor of any obligations to fulfill the work as prescribed. d. Improper work or materials. Work or materials not meeting the requirements of the approved plans and specifications may be rejected, regardless of whether the work or materials were previously inspected by the City Engineer. In the event that the City Engineer determines that subdivision improvements are not being constructed as required by the approved plans and specifications, he or she shall order the work stopped and shall inform the contractor of the reasons for stopping work and the corrective measures necessary to resume work. Any work done after issuance of a stop work order shall be a violation of this title. 3. Notification. The subdivider shall notify the City Engineer upon the completion of each stage of construction as outlined in this Chapter, and shall not proceed with further construction until authorized by the City Engineer. 21.34.040 - Improvement Agreements and Security A subdivider may file a Parcel or Final Map before completion of all the improvements required by this Title and conditions of approval of the Tentative Map, only when the subdivider first obtains Council approval of a subdivision improvement agreement executed and submitted for Council review by the subdivider, and provides the City performance security as required by this Section. Improvement agreements and required security shall also comply with Chapter 5 of the Map Act. A. Contents of improvement agreement. A subdivision improvement agreement shall be submitted on the a form provided by the City Engineer and approved by the City Attorney and shall include the following provisions. Diamond Bar Subdivision Ordinance Article III - Subdivision Design and Development Hearing Draft - January 5, 1999 III -27 Improvement Plans and Agreements 1. Description of improvements. A description of all improvements to be competed by the subdivider, with reference to the approved subdivision improvement plans. 2. Time limit for construction. The period within which all required improvements will be completed to the satisfaction of the City Engineer. 3. Completion by City. Provide that if the subdivider fails to compete all required improvements within the specified time, the City may elect to complete the improvements and recover the full cost and expenses thereof from the subdivider or the surety, including any attorney and legal fees associated with enforcement of the agreement. The reaks mid expenses may be recorded as a lien ttgetinsk till. patcels wid-dn the subdivision. 4. Surety requirement. Require the subdivider to secure the agreement by furnishing security to insure full and faithful performance and to insure payment to laborers and material suppliers, as specified in Subsection B. of this Section. The amount of surety shall be based on an engineer's cost estimate submitted by the subdivider as provided by Section 21.34.020.B and approved by the City Engineer. The total cost of improvements to be guaranteed shall be as provided in the approved engineer's cost estimate. 5. Phased construction. Provisions for the construction of improvements in units, at the option of the subdivider. 6. Time extensions. Provisions for an extension of time under conditions specified therein, at the option of the subdivider, consistent with the requirements of Subsection D. following. 7. Progress payments or partial release. Provide for progress payments from surety deposits, or partial release of the surety filed to ensure faithful performance of the contract, at the option of the subdivider, in compliance with the requirements of Subsection C. following; provided that no progress payment or partial release shall be construed to be acceptance by the City of any portion of the required improvements or any defective work or improper materials. B. Security required to guarantee improvements. A subdivision improvement agreement or a subdivision road maintenance and repair agreement shall be secured by adequate surety in a form approved as to form and sufficiency by the City Attorney, as follows: 1. Type of security. Subdivision improvement agreements shall be secured by all of the following: a. A guarantee for "Faithful Performance," in the amount of 100 percent of the engineer's estimate; and Diamond Bar Subdivision Ordinance Article III - Subdivision Design and Development Hearing Draft - January 5,1999 III -28 Improvement Plans and Agreements 21.34 b. A guarantee for "Materials and Labor," in the amount of 100 percent of the engineer's estimate. 2. Form of security. The required surety shall consist of one or more of the following forms selected by the City Engineer for the full amounts specified in Subsection B.1 above, --n a. Mash deposit, either with the local agency or a responsible escrow agent or trust company, at the option of the local agency, of money or negotiable bonds of the kind approved for securing deposits of public moneys. b. A bond or bonds executed by one or more duly authorized corporate sureties; c. An instrument of credit from an agency of the state, federal, or local government when any said agency provides at least 20 percent of the financing for the portion of the act or agreement requiring security, or from one or more financial institutions subject to regulation by the State or Federal government pledging that funds necessary to carry out the act or agreement are on deposit and guaranteed for payment; or a letter of credit issued by such a financial institution; d. A lien upon the property to be divided, created by contract between the owner and the City, where the review authority finds that it would not be in the public interest to require the installation of the required improvement sooner than two years after the recordation of the Map, or e. Any form of security, including security interests in real property, which is acceptable to the local agency. provided brEhapter 5 of the Map At+. W. C. Progress payments or partial release. No progress payment or partial release of the surety filed to ensure faithful performance of the contract shall be made except when the City Engineer has certified that the work required to qualify for payment or release has been satisfactorily competed and the payment or release has also been approved by the Council by at least four-fifths vote. No certificate given, progress payment made, or release of surety, except the final certificate of acceptance, shall be considered as any evidence of the performance of the agreement either wholly or in part. There shall be no partial acceptance of any improvements. B.D. Time extensions. An extension of time for completion of improvements under a subdivision improvement agreement shall be granted by the Council only as follows: Diamond Bar Subdivision Ordinance Article III - Subdivision Design and Development Hearing Draft - January 5,1999 III -29 Improvement Plans and Agreements 21.34 1. Public Works report. The City Engineer notifies the Council that either the subdivider is proceeding to do the work required with reasonable diligence or is not yet ready to develop the subdivision, and has given satisfactory evidence of being able and willing to complete all required work within the time of the requested extension. 2. Agreement by sureties. The sureties agree in writing to extend for the additional period of time at the original amount of the bond or other surety, or if recommended by the City Engineer, at an increased amount. 3. Council action. The Council approves the extension by at least a four-fifths vote. As a condition of granting a time extension, the Council may impose whatever additional requirements the Council deems reasonable to protect the public interest. P. E. Acceptance of improvements. Before acceptance for maintenance or final approval by the Council of subdivision improvements, the City Engineer shall verify that the improvement work has been completed in substantial compliance with the approved plans and specifications. Diamond Bar Subdivision Ordinance Article III - Subdivision Design and Development Hearing Draft -January 5, 1999 III -30 CHAPTER 21.36 - SURVEYS AND MONUMENTS Sections: 21.36.010 - Purpose of Chapter 21.36.020 - Survey Procedure and Practice 21.36.030 - Monuments 21.36.040 - Survey Information on Final or Parcel Map. 21.36.010 Purpose of Chapter This Chapter provides requirements for subdivision survey work, and the placement of subdivision monuments. 21.36.020 - Survey Procedure and Practice The procedure and practice of all survey work done on any subdivision, whether for preparation of a Final Map or Parcel Map shall conform to the standard practices and principles of land surveying, the California Land Surveyor's Act, and the provisions of this Chapter. All related documents shall be executed by a California -registered civil engineer or licensed land surveyor. A. Traverse. The traverse of the exterior boundaries of the subdivision computed from field measurements of the ground must close within a limit of error of one foot to 10,000 feet of perimeter before balancing the survey. B. Field notes. When required by the City Engineer, the engineer or surveyor making the survey shall prepare complete field notes, in a form satisfactory to the City Engineer, showing references, ties, locations, elevations and other necessary data relating to monuments, set in compliance with these regulations, and shall submit the notes to the City Engineer to be indexed and retained as a part of the permanent public record of his office. C. Geodetic monuments. Whenever the City Engineer has established a system of coordinates which is within a reasonable distance of the subdivision boundary, as determined by the City Engineer, the field survey shall be tied into the system. 21.36.030 - Monuments In surveying a subdivision, the engineer or surveyor shall set sufficient permanent monuments so that any part of the survey maybe readily retraced. Survey monuments shall be set by the engineer or surveyor for all new subdivisions requiring a Parcel Map or Final Map, and for any Lot Line Adjustment unless waived by the City Engineer, in compliance with this Section. Diamond Bar Subdivision Ordinance Article III - Subdivision Design and Development Hearing Draft - January 5,1999 III -31 Surveys and Monuments A. Boundary monuments. 21.36 Boundary monuments shall be set on the exterior boundary of the subdivision at all corners, angle points, beginnings and ends of curves and at intermediate points approximately 1,000 feet apart. The locations of inaccessible points may be established by ties and shall be so noted on the Final Map or Parcel Map. 2. All exterior boundary monuments shall be set prior to recordation of the Final Map or Parcel Map or as certified on the Final Map. B. Interior monuments. Whenever interior monuments are required, the monuments shall be set at: 1. All block and lot comers and angle points; 2. The beginnings and ends of curves; 3. Points of intersection with centerlines of other existing and proposed streets and alleys; and 4. The points of intersection with the exterior boundary lines. Map or Pence! Map is recorded. C. Monument type and positioning. All monuments set in the course of the survey shall be as specified by the City Engineer and shall be set to the depth and in the manner prescribed by the City Engineer. D. Identification marks. All monuments shall be permanently and visibly marked or tagged with the registration or license number of the engineer or surveyor who signs the engineer's or surveyor's certificate and under whose supervision the survey is made. E. Replacement of destroyed monuments. Any monument which is disturbed or destroyed before acceptance of all improvements by the City shall be replaced by the subdivider. F. Timing of monument installation. The exterior boundary of the subdivision shall be completely monumented or referenced before the Final Map or Parcel Map is submitted to the City Engineer for filing. Interior monuments need not be set at the time the Final Map or Parcel Map is filed if the engineer or surveyor certifies on the map that the monuments will be set on or before a specified later date, and if the subdivider furnishes the City a bond, instrument of credit, or cash deposit in a sufficient amount to guarantee payment of the cost of setting the monuments in compliance with Map Act Section 66496. Diamond Bar Subdivision Ordinance Article III - Subdivision Design and Development Hearing Draft - January 5,1999 III -32 Surveys and Monuments 21.36 G. Notice of completion. Within five days after all monuments have been set, the engineer or surveyor shall give written notice to the subdivider and the City Engineer that the final monuments have been set. Verification of payment to the engineer or surveyor shall be filed as required by Article 9, Chapter 4 of the Map Act. The cost of setting monuments shall be included in the engineer's estimate for improvements in compliance with Section 21.34.040 (Improvement Agreements and Security). If requested, this amount of the bond may be released upon verification of the setting of the monuments by the City Engineer. H. Inspection and approval. All monuments shall be subject to the inspection and approval of the City Engineer. 21.36.040 - Survey Information on Final or Parcel Map. The following survey information shall be shown on each Final Map or Parcel Map for which a field survey was made in compliance with this Title. A. Stakes, monuments (together with their precise position) or other evidence found on the ground, to determine the boundaries of the subdivision; B. Corners of all adjoining properties identified by lot and block numbers, subdivision names, numbers and pages of record, or by section, township and range, or other proper designation; C. All information and data necessary to locate and retrace any point or line without unreasonable difficulty; D. The location and description of any required monuments to be set after recordation of the Final Map, and the statement that they are "to be set' E. Bearing and length of each lot line, block line and boundary line and each required bearing and distance; F. Length, radius and angle of each curve and the bearing of each radial line to each lot comer on each curve; G. The centerlines of any street or alley in or adjoining the subdivision which have been established by the City Engineer, together with reference to a field book or map showing the centerline and the monuments which determine its position. If determined by ties, that fact shall be so stated; H. Any other survey data or information as may be required to be shown by the City Engineer or by the provisions of this Chapter. Diamond Bar Subdivision Ordinance Article III - Subdivision Design and Development Hearing Draft - January 5,1999 III -33 ARTICLE IV Subdivision Ordinance Definitions Chapter 21.40 - Definitions ................................................ IV -3 21.40.010 - Purpose of Chapter ........................................... IV -3 21.40.020 - Definitions of Specialized Terms and Phrases ................... IV -3 Diamond Bar Subdivision Ordinance Article IV - Subdivision Ordinance Definitions Hearing Draft - January 5, 1999 IV -1 Contents Diamond Bar Subdivision Ordinance Article IV - Subdivision Ordinance Definitions Hearing Draft - January 5, 1999 IV -2 CHAPTER 21.40 - DEFINITIONS 21.40.010 - Purpose of Chapter This Chapter provides definitions for the subdivision design and development terminology used in this Subdivision Ordinance. 21.40.020 - Definitions As used in this Title, the following terms and phrases shall have the meaning ascribed to them in this Section, unless the content in which they are used clearly requires otherwise. A. Definitions, "A." The following definitions are in alphabetical order. 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 Title. 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. Approval. Includes both approval and approval with conditions. B. Definitions, "B." The following definitions are in alphabetical order. Building Official. The City of Diamond Bar employee or independent contractor designated by the Council as the Building Official. C. Definitions, "C." The following definitions are in alphabetical order. California Environmental Quality Act (CEQA). California Public Resources Code Sections 21000 et seq. City. The City of Diamond Bar, State of California, referred to in this Title as the "City." City Council. The Diamond Bar City Council, referred to in this Title as the "Council." City Engineer. The City of Diamond Bar employee or independent contractor designated by the Council as City Engineer. Commission. See 'Planning Commission." Diamond Bar Subdivision Ordinance Article IV - Subdivision Ordinance Definitions Hearing Draft - January 5, 1999 IV -3 Definitions C Common Interest Development. Includes a condominium, community apartment project, townhouse, planned development, or stock cooperative, in compliance with Civil Code 1351. Community Apartment Project. A development in which an undivided interest inland is coupled with the right of exclusive occupancy of any apartment on the land, as defined in Business and Professions Code Section 11004, and Civil Code 1351(d). Condominium. As defined by Civil Code Section 951(f), a development where undivided interest in common in a portion of real property is coupled with a separate interest in space called a unit, the boundaries of which are described on a recorded final map or parcel map. The area within the boundaries may be filled with air, earth, or water, or any combination thereof, and need not be physically attached to any land except by easements for access and, if necessary, support. County. The County of Los Angeles, State of California. County Recorder. The Los Angeles County Recorder. Cul-de-sac. A street which is designed to remain permanently closed at one end. D. Definitions, "D." The following definitions are in alphabetical order. Density. The number of housing units per net acre, unless otherwise stated, for residential uses. Department. The Diamond Bar Community and Development Services Department, referred to in this Title as "Department." 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 Title. Development Code. The Diamond Bar Development Code, Title 22 of the Diamond Bar Municipal Code, referred to herein as "the Development Code." Director. Where the term "Director" is used in this Title, the title shall mean the Deputy City Manager responsible for Community and Development Services. Dwelling unit. Any structure designed or used for the shelter or housing of one or more persons. E. Definitions, "E." The following definitions are in alphabetical order. Elevation. Height or distance above sea level. Diamond Bar Subdivision Ordinance Article IV - Subdivision Ordinance Definitions Hearing Draft - January 5,1999 IV4 Definitions E Exaction A requirement for the dedication of land or the payment of a fee, imposed as a condition of development= roje_ct approval in resp2onse to the anticipated impacts of proposed project on the community. F. Definitions, "F." The following definitions are in alphabetical order. Feasible. Capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors. Fill. A deposit of earth material placed by artificial means. Finish grade. See "Grade." G. Definitions, "G." The following definitions are in alphabetical order. General Plan. The City of Diamond Bar General Plan, including all elements thereof and all amendments thereto, as adopted by the City Council under the provisions of Government Code Sections 65300 et seq., and referred to in this Title as the "General Plan." Grade. The ground surface immediately adjacent to the exterior base of a structure, typically used as the basis for measurement of the height of the structure. • • • -2 1. Existing or natural grade. The contour of the ground surface before grading. 3.2. Finish grade. The final contour of the ground surface of a site that conforms to the approved grading plan. 43. Natural grade. The elevation of the ground level in its natural state before grading, filling or construction. Diamond Bar Subdivision Ordinance Article IV - Subdivision Ordinance Definitions Hearing Draft - January 5,1999 IV -5 Definitions G 54. Street grade. The elevation of the centerline of the street adjacent to the site proposed for development. Grading. To bring an existing surface to a designed form by excavating, filling, or smoothing operations. 1. Conventional grading. See Figure 4-1. a. Conventionally graded slopes are characterized by essentially linear, flat slope surfaces with unvarying gradients and angular slope intersections. Resultant pad configurations are rectangular. b. Slope drainage devices are usually constructed in a rectilinear configuration in exposed positions. c. Landscaping is applied in random or geometric patterns. 2. Contour grading. See Figure 4-2. a. Contour -graded slopes are basically similar to conventionally graded slopes except that in plan the slopes are curvilinear rather than linear, the gradients are unvarying and profiles are planar, transition zones and slope intersections have generally some rounding applied. Resultant pad configurations are mildly curvilinear. b. Slope drainage devices are usually constructed in a geometric configuration and in an exposed position on the slope face. c. Landscaping is applied in random or geometric patterns. Diamond Bar Subdivision Ordinance Article IV - Subdivision Ordinance Definitions Hearing Draft - January 5,1999 IV -6 Definitions 3. Landform grading. See Figure 4-3. G 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 swale and berm combinations in order to conceal the drains from view. 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. H. Definitions, "H." The following definitions are in alphabetical order. Hearing Officer. The Diamond Bar Community and Development Services Department employee designated by the Community Development Director as the City's Hearing Officer, with the authority and responsibility to conduct public hearings and approve or disapprove subdivision applications in compliance with Article H (Subdivision Review Procedures). Hillside. A parcel of land which contains grades in excess of 10%. I. Definitions, "I." The following definitions are in alphabetical order. Improvement. Any public infrastructure, including streets, storm drains, sewers and the like. J. Definitions, "J." No definitions of terms beginning with the letter "J" are used at this time. K. Definitions, "K." No definitions of terms beginning with the letter "K" are used at this time. Diamond Bar Subdivision Ordinance Article IV - Subdivision Ordinance Definitions Hearing Draft - January 5, 1999 IV -7 Definitions Conventionally Graded Slopes Figure 41 CONVENTIONAL GRADING Contour -Graded Slopes Figure 42 CONTOUR GRADING Figure 43 LANDFORM GRADING IN Diamond Bar Subdivision Ordinance Article IV - Subdivision Ordinance Definitions Hearing Draft - January 5,1999 IV -8 Definitions L L. Definitions, "L." The following definitions are in alphabetical order. Land use permit. Authority granted by the City to use a specified site for a particular purpose, including Conditional Use Permits and Minor Conditional Use Permits, Planned Development Permits, Temporary Use Permits, Variances and Minor Variances, and Zoning Clearances, as established by Article IV (Land Use and Development Permit Procedures) of the Development Code. Lot or parcel. A recorded lot or parcel of real property under single ownership, lawfully created as required by the Subdivision Map Act and City ordinances, including this Title. Types of lots include the following. See Figure 44 (Lot Types). 1. Corner lot. A lot located at the intersection of two or more streets, where they intersect at an interior angle of not more than 135 degrees. If the intersection angle is more than 135 degrees, the lot is considered an interior lot. 2. Flag lot. A lot having access from the building site to a public street by means of private right-of-way strip that is owned in fee. 3. Interior lot. A lot abutting only one street. 4. Key lot. An interior lot, the front of which adjoins the side property line of a corner lot. 5. Reverse corner lot. A corner lot, the rear of which abuts a key lot. 6. Through lot. A lot with frontage on two generally parallel streets. Diamond Bar Subdivision Ordinance Article IV - Subdivision Ordinance Definitions Hearing Draft - January 5, 1999 IV -9 Definitions L Figure 4-4 LOT TYPES Figure 4-5 LOT FEATURES Diamond Bar Subdivision Ordinance Article IV - Subdivision Ordinance Definitions Hearing Draft - January 5, 1999 IV -10 Grose Lot Area J C VX FASernent VX Net W }i WLot Area '144W LADt X Line L x Side LotLot Lot Line Depth Width Average Distanoe i Midway Hetwoen Front and Between Front and f is i Rear Lot Rear Lot Lines Lim Front Lot Line Figure 4-5 LOT FEATURES Diamond Bar Subdivision Ordinance Article IV - Subdivision Ordinance Definitions Hearing Draft - January 5, 1999 IV -10 Definitions L Lot area. Gross lot area is the total area included within the lot lines of a lot, exclusive of adjacent dedicated street rights of way. Net lot area is exclusive of easements, including those for utilities or flood control channels, which limit the use of the lot. Lot coverage. See "Site Coverage." Lot depth. The average linear distance between the front and the rear lot lines or the intersection of the two side lot lines if there is no rear line. See Figure 4-5 (Lot Features). The Director shall determine lot depth for parcels of irregular configuration. Lot frontage. The boundary of a lot adjacent to a public street right-of-way. Lot line or property line. Any recorded boundary of a lot. Types of lot lines are as follows (see Figure 4-5 (Lot Features)): 1. Front lot line. On an interior lot, the property line separating the parcel from the street. The front lot line on a corner lot is the line with the shortest frontage. (If the lot lines of a corner lot are equal in length, the front lot line shall be determined by the Director.) On a through lot, both lot lines are front lot lines and the lot is considered to have no rear lot line. 2. Interior lot line. Any lot line not abutting a street. 3. Rear lot line. A property line that does not intersect the front lot line, which is most distant from and most closely parallel to the front lot line. 4. Side lot line. Any lot line that is not a front or rear lot line. Lot width. The horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines. See Figure 4-5 (Lot Features). The Director shall determine lot width for parcels of irregular shape. M. Definitions, "M." The following definitions are in alphabetical order. Map Act. See "Subdivision Map Act." Mobile Home Park. Any site that is planned and improved to accommodate two or more mobile homes used for residential purposes, or on which two or more mobile home lots are rented, leased, or held out for rent or lease, or were formerly held out for rent or lease and later converted to a subdivision, cooperative, condominium, or other form of resident ownership, to accommodate mobile homes used for residential purposes. Municipal Code. The City of Diamond Bar Municipal Code, as it may be amended from time to time by the Council. Diamond Bar Subdivision Ordinance Article IV - Subdivision Ordinance Definitions Hearing Draft - January 5,1999 IV -11 Definitions S 2. Man-made slope. A manufactured slope consisting wholly or partially of either cut or filled material. 3. Natural slope. A slope which is not man-made. A natural slope may retain natural vegetation during adjacent grading operations or it may be partially or completely removed and replanted. Slope transition. The area where a slope bank meets the natural terrain or a level graded area either vertically or horizontally. State. The State of California. Stock Cooperative. A development defined by Business and Professions Code 11003.2 and Civil Code Section 1351(m), where a corporation is formed to hold title to improved real property and the shareholders in the corporation receive a right of exclusive occupancy in a portion of the real property. Street. A public thoroughfare accepted by the City, which affords principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road, and any other thoroughfare except an alley as defined in this Subsection. Street line. The boundary between a street right-of-way and property. Structure. Anything constructed or erected, the use of which requires attachment to the ground or attachment to something located on the ground. For the purposes of this Title, the term "structure" includes 'buildings." Structure, primary. See 'Primary Structure." Subdivider. A person, firm, corporation, partnership or association, a governmental agency, public entity, or public utility, or the grantor to any such agency, entity, utility, or subsidiary, who proposes to subdivide for themselves or others, except employees and consultants or other persons or entities acting in this capacity on behalf of the subdivider. Subdivision. The division, by any subdivider, of any unit or portion units of improved or unimproved land or any portion thereof shown on the latest equalized Los Angeles County assessment roll as a unit or contiguous units, for the purpose of sale, lease or financing, whether immediate or future. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easement or railroad rights-of-way. " Subdivision" includes a condominium project, as defined in subdivision If) of Section 9% 1351 of the Civil Code, a community apartment project, as defined in subdivision(d) of Section -H-19641351 of the Busirtess and Prefessiom Civil Code, or the conversion of five or more existing dwelling units to a stock cooperative, as defined in subdivision (m) of Section 11003.2 1351 of the Business and Professions Civil Code. Diamond Bar Subdivision Ordinance Article IV - Subdivision Ordinance Definitions Hearing Draft - January 5,1999 IV -14 Definitions P means of an assessment which may become a lien upon the separately owned parcel, or area in compliance with Civil Code Section 1367. Planning Commission. The Diamond Bar Planning Commission, appointed by the Diamond Bar City Council in compliance with Government Code Section 65101, referred to throughout this Title as the "Commission." Primary structure. A structure that accommodates the primary use of the site. Primary use. The main purpose for which a site is developed and/or used, including the activities that are conducted on the site a majority of the hours during which activities occur. Q. Definitions, "Q." No definitions of terms beginning with the letter "Q" are used at this time. R. Definitions, "R." The following definitions are in alphabetical order. Review authority. The individual or official City body (the Community Development Director, Planning Commission, or City Council) identified by this Title as having the responsibility and authority to review, and approve or disapprove the permit applications described in Article H (Subdivision Review Procedures). S. Definitions, "S." The following definitions are in alphabetical order. Significant Ecolgical Area (SEA). Areas designated by the County of Los Angeles as containing significant biological resources. A portion of the City and the majority of its sphere of influence are within the Tonner Canyon/Chino Hills SEA 15, which contains a significant regional riparian woodland complex, supporting a variety of habitats containing representative plant and animal groups. Site. A parcel or adjoining parcels under single ownership or single control, considered a unit for the purposes of development or other use. Slope. An inclined ground surface, the inclination of which is expressed as a ratio of horizontal distance (run) to vertical distance (rise), or change in elevation. The percent of any given slope is determined by dividing the rise by the run, multiplied by 100. 1. Average slope. Average slope shall be determined by using the following formula: S = 0.002296 (I x L) A Where: S = Average slope of the parcel in percent A = Total number of acres in the parcel L = Length of contour lines in scaled feet I = Vertical distance of contour interval in feet Diamond Bar Subdivision Ordinance Article IV - Subdivision Ordinance Definitions Hearing Draft - January 5, 1999 IV -13 Definitions V Subdivision Map Act, or Map Act. Division 2, Title 7 of the California Government Code, commencing with Section 66410 as presently constituted, and any amendments to those provisions. T. Definitions, "T." No definitions beginning with the letter "T" are used at this time. U. Definitions, "U." The following definitions are in alphabetical order. Use. The purpose for which land or a structure is designed, arranged, intended, occupied, or maintained. Use, primary. See "Primary Use." V. Definitions, "V." No definitions of terms beginning with the letter "V" are used at this time. W. Definitions, "W." No definitions of terms beginning with the letter "W" are used at this time. X. Definitions, "X." No definitions of terms beginning with the letter "X" are used at this time. Y. Definitions, "Y." No definitions of terms beginning with the letter "Y" are used at this time. 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 II of.the 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.). Diamond Bar Subdivision Ordinance Article IV - Subdivision Ordinance Definitions Hearing Draft - January 5,1999 IV -15 CITY OF DIAMOND BAR AGENDA REPORT d�Euoa uo ' i TO: Honorable Mayor and Council Members MEETING DATE: January 19, 1999 REPORT DATE: January 11, 1999 FROM: Terrence L. Belanger, City Manager TITLE: APPROVAL OF ANIMAL CONTROL CONTRACT WITH INLAND VALLEY HUMANE SOCIETY FROM JANUARY 1, 1999 THROUGH JUNE 30, 2000 SUMMARY: The City contracts with the Inland Valley Humane Society to provide animal control services. The City Council reviewed an amendment to the contract on December 15, 1998, and directed staff to develop an Agreement with further information. Attached is an Agreement for Animal Control Services for eighteen (18) months, and the contract amount will increase the monthly billings by $402.75 each month. The increase provides for full-time Health Care staff, which consists of a licensed veterinarian and registered veterinarian technician and provides for a 1.2% cost of living increase for all staff for the 1997-98 year. The termination for the contract remains as a ninety (90) day notice, prior to the conclusion of the contract. The Inland Valley Humane Society is a non-profit organization, which develops its annual budget based upon the prior year's service level to the nine agencies that contracts for service. Therefore, the Inland Valley Humane Society Board of Directors will not alter the termination procedures in the City of Diamond Bar Agreement. RECOMMENDATION: It is recommended that the City Council approve an Agreement for Animal Control Services and authorize the Mayor to sign the contract. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification Resolution(s) _ Bid Specification _ Ordinance(s) X Other:Animal Control Ethics Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been N/A _ Yes _ No reviewed by the City Attorney? 2. Does the report require a majority vote? N/A _ 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 CITY COUNCIL REPORT MEETING DATE: January 19, 1999 Agenda No. TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manger SUBJECT: Approval of Animal Control contract with Inland Valley Humane Society from January 1, 1999 through June 30, 2000 ISSUE STATEMENT Should the City enter into an eighteen (18) month contract for animal control services with the Inland Valley Humane Society? RECOMMENDATION It is recommended that the City Council approve an Agreement for Animal Control Services and authorize the Mayor to sign the contract. FINANCIAL SUMMARY The amended amount of the animal control services has been incorporated into the 1998-99 budget. The increase of $402.75 per month will be for the period of January through June, 1999 and for the Fiscal Year 1999-2000. BACKGROUND/DISCUSSION The IVHS shelter and headquarters are located at 500 Humane Way in Pomona. The Agreement automatically renews for the next year, unless a notice of intent to terminate the agreement is conveyed at least ninety (90) days prior to the June 30 expiration date. The City currently is working under the 1997-98 contract. In response to the questions raised at the December 15, 1998 meeting, the report discusses revenue, Humane Society services, response time, canvassing, dead animal pick-ups, and termination. Revenue The proposed agreement is for the amount of $32,171.52 for the remainder of the 1998-99 Fiscal Year and $64,343 for the 1999-2000 Fiscal Year. Page Two Inland Valley Humane Society Agreement The Agreement is computed as follows: $1.001capita (City population) $56,700 Pro -rate service costs (1997-98 6% Calls/Shelter) $81,643 Estimatedrevenue az4m$64,343 Contract All revenue is maintained by the IVHS. Each contract year the Humane Society reviews the previous years revenue and determine the estimated revenue based on trend. If the IVHS does not meet the estimated revenue, the City is not invoiced for the difference. If the IVHS exceeds the revenue, IVHS maintains the revenue and it is reflected in the next year's contract. Humane Society Services The Humane Society provides the following services to the City of Diamond Bar: Adopted animals, Shelter Care for Stray Animals brought to IVHS; Service Calls for Stray Animals; Dead Animal pick-ups; Service calls for animals on the loose; reports of bites and vicious animals; reports on cruelty to animals; response to barking dog complaints; neuter services; low-cost rabies clinics; Wildlife services - education/information; Renting of traps for wildlife relocation. The Humane Society responds to calls from the residents, City Staff and Sheriffs Department. The response time for a call for service is as follows: Emergency Calls, during normal working hours - 15 minutes Emergency Calls, after hours (9 pm to 8 am) - 20 minutes Dead animals - Within 24 hours Confined Animals (strays) - Same Day Canvassing The Humane Society does not canvas for licenses on a yearly basis. The canvassing is currently completed approximately every three (3) years or when the number of licenses drops considerably. The canvassing is completed by employees of the IVHS. The employees go door-to-door and if someone is home, they check why the license was not renewed, and if applicable, request payment. If the payment is not provided, a notice to appear citation is issued. The citation states that if the license is renewed at the Humane Society within five working days, the notice to appear citation is canceled. If no one is at home, a door hanger is left with the information to leave the check with the door hanger or mail the license in. Attached for the City Council review is the Mission Statement of the Humane Officer's and Code of Ethics. Page Three Inland Valley Humane Society Agreement Dead Animal Pick -Ups The hourly cost of the Humane Society to patrol the main streets (Diamond Bar Boulevard, Golden Springs Road, Pathfinder Road, Grand Avenue) on an overtime basis would be $21.00 per hour. However, the City has recently implemented a policy regarding hazards/dead animals to all employees. The policies direct all employees to report the animals to the IVHS immediately. This includes Park Maintenance/Code Enforcement and Public Works employees. Termination The termination for the contract is ninety (90) day notice, prior to the expiration of the contract (April 1, 2000). The Inland Valley Humane Society is a non-profit organization, which develops their annual budget based upon the prior year's service level to the nine agencies that contracts for service. Therefore, the Inland Valley Humane Society Board of Directors will not alter the termination procedures in the City of Diamond Bar Agreement.. Health Care The increase in the contract amount provides for a full-time Health Care staff which consist of a licensed veterinarian and registered veterinarian technician. The Humane Society provides for veterinarian care, including vaccination for sickness that may occur at the Shelter. Field/Kennel Personnel Training/Authority The State Civil Code mandates the necessary training for all humane society officers. The California Penal Code defines humane officers not as a peace officer, but as having the powers of peace officers. "A level I humane officer may make arrests for violation of any penal law of this state relating to or affecting animals in the same manner as any peace officer and may also serve search warrants" (Civil Code 607f.(1)(C)(i) (1)(13)). The Field Officers and Kennel personnel do not carry any guns. There is one tranquilizer gun at the kennel which only qualified personnel have access. The Humane Society, in the next year would like the City to update the Animal Control Ordinance to address barking and vicious dogs and increase the dog license late payment fee from $10.00 to $20.00. WE WILL BE RETURNING ON THE IF ' INLAND VALLEY HUMANE YOU WILL NOT BE SOCIETY AND S.P.C.A. HOME AT THIS 500 HUMANE WAY pOMONA, CALIFORNIA 91766. TIME, PLEASE LEAVE YOUR NOTICE TO PURCHASE DOG PAYMENT (CHECK OR LICENSE MONEY ORDER) AND All dogs four months of age and older must CURRENT RABIES be vaccinated against rabies and licensed CERTIFICATE IN THE in accordance to State and local laws. ENVELOPE LOPE THAT IS A licensing representative from INLAND PROVIDED. IF YOUR VALLEY HUMANE SOCIETY was at your residence/business regarding your dog(s) RABIES CERTIFICATE license(s). Our records indicate that a IS NOT READILY license is now due and payable. AVAILABLE, LEAVE PLEASE FOLLOW THESE INSTRUCTIONS: YOUR PAYMENT Ev 1) Have your dog vaccinated against rabies (dog THE ENVELOPE must be four months of age or older). The rabies be valid for the next 12 months. PROVIDED q AND vaccination must SUPPLY OUR OFFICE 2) To purchase your license, leave your current of sterility (if WITH PROOF OF rabies certificate, certificate applicable) and license fee. RABIES WITHIN 30 DAYS. DOG LICENSE FEES ALL FEES REFLECT DURATION OF 1 YEAR CITY UNALTERED ALTERED SENIOR SENIOR I PENAL -1 CITIZEN ALTERED IF YOUR DOG HAS A CURRENT TAG PLEASE INDICATE IT BELOW. FAILURE TO PURCHASE DOG LICENSE IMMEDIATELY MAY RESULT IN COURT ACTION THE HUMANE OFFICER MISSION As a Humane Officer or Animal Control, Officer for the Pomona Valley Humane Society and S.P.C.A, I yc"u Will be (ledlcated to helping animals and people, You will offer assistance with empathy, compassion and diploinacy. The animals and the people you come in contact with be treated with respect, Your job is i(ot to ju��Je, I:)i1lt to educate and provide intervention when necessary. You will uphold the law, but you will use discretion when there are extenuating circumstances, You will hope to corse away from each experience mowing that you dial your best to improve the situation. You will create a positive image f0l' youPSelf and 01.11 agency throughout the community. SUGGESTED CODE OF ETHICS FOR ANIMAL CONTOOL Developed by the California Animal Control Directors' Association at the 1995 CACDA Annual Meeting and Training Conference April 19-11, San Rafael, California Creation and Puroose of the Code Conference members, facilitated by Jan Elster of Elster & Associates, identified six areas of ethical behavior that they felt were important to address. Members then di- vided into six groups, each assigned to one of the identified areas, to define ethical behavior in each area as it relates to ani- mal protection and control. The group then met again as a whole to discuss and refine the definitions. The resulting document is offered here by CACDA for interested agencies to either take and incorporate as it stands, or as a model for organizations to work from to develop their own code of ethics. CACDA encourages its members and others to use this Code as a guide for their own and their staffs behavior, as a tool for ethical decision making, as a lever to obtain support and resources for humane Policies and Programs, and as an example to encourage ethical thought and action in others. The Code 1. HONESTY ♦ Communicate consistently, truth- fully and with integrity, both within and outside of the organi- zation. ♦ Accept responsibility for your ac- tions. ♦ Provide honest and accurate in- formation on agency policies, pro- cedures and programs, including the disposition of animals. Use this as an opportunity to educate the individual and the community. 2. RESPECT ♦ Treat all living creatures with re- spect and dignity. ♦ Create an open environment which encourages and solicits in - Put from all. ♦ Recognize the value of each indi- vidual or group. ♦ Acknowledge and respect socio- economic, cultural, ethnic and Philosophical differences. ♦ Advocate and model respectful behavior through individual and organizational example. 3. RESPONSIBII,ITY ♦ Apply city, county and state laws impartially within organizational guidelines. ♦ Provide humane treatment and cane for the animals, always keep- ing in mind what is best for the animal. ♦ Seek ways to improve the opera- tion and delivery of services. Pur- sue excellence! ♦ Seek input from, educate, share information and cooperate with other individuals and agencies, both within and outside the orga- nization. ♦ Maximize the efficient use of re- sources and minimize waste. Be accountable! 4. FAIRNESS AND EQUITY ♦ Use good judgment instead of be- ing judgmental. ♦ Listen to and consider opposing viewpoints. ♦ Make decisions based on totality "circumstances and without per- sonal bias. ♦ Apply consistent principles in decision-making while allowing for flexibility. CHAIN/Spring '95 17 5. CARING, COMPASSION AND REV- ERENCE FOR LIFE FOR HUMAN AND NON -HUMAN ANIMALS ♦ Strive to provide for the physical and psychological needs of human and non -human animals. ♦ Encourage and support staff de- velopment ♦ Provide a humane and dignified death for non -human animals us- ing mommended and approved methods. ♦ Search for solutions instead of obstacles in interactions with oth- ers. ♦ Extend the principles of caring and compassion to the public. ♦ Be aware of, sensitive and respon- sive to the feelings of others. ♦ Provide a supportive environment in which to deal with the issues of euthanasia and grief 6. CITIZENSHIP ♦ Represent the organization in a professional manner- ♦ Strive toost P�� pottitive rela- tionships with M or= ganizations and ♦ Uphold all ntles aversg . Y+eBuiattons ♦ Support �QD .t of the �j 1. ::•r;: CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. 3 TO: Honorable Mayor and City Council MEETING DATE: January 19, 1999 REPORT DATE: January 7, 1999 FROM: Terrence L Belanger, City Manager TITLE: Finance Department Reorganization SUMMARY: The City recently received notification from the City's Senior Accountant of her decision to leave the City's employment. With this occurrence, the City management is taking the opportunity to look at the Finance Department organization and propose some changes to assist and improve the department. RECOMMENDATION: It is recommended that the FY98-99 Municipal Budget Personnel Summary be amended to approve and authorize the positions of Finance Director, Accountant II, and Senior Account Clerk and to delete the authorizations for Assistant Finance Director, Senior Accountant and Administrative Intern. It is also recommended that the City Council approve Resolution Number 96-53H "Resolution of the City of Diamond Bar setting forth personnel rules and regulations regarding the payment of salaries, sick leave, vacations, leaves of absences, and other regulations", which adds the positions of Finance Director, Accountant II, and Senior Account Clerk to the salary chart. FINANCIAL SUMMARY: The cost of this reorganization is estimated to be $12,700 for the balance of the fiscal year or $25,400 annually. LIST OF ATTACHMENTS:_ Staff Report _ Public Hearing Notification _ Resolution(s) — Bid Specification Ordinance(s) _ Other: Agreement(s) SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed _Yes _ No by the City Attorney? 2. Does the report require a majority vote? _Yes _ No 3. Has environmental impact been assessed? — Yes _ No 4. Has the report been reviewed by a Commission? — Yes _ No 5 Are other departments affected by the report? — Yes _ No REVI BY - Terrence L. Belange Linda G. Magnu on City Manager Assistant Finance Director CITY COUNCIL REPORT AGENDA NO. MEETING DATE: January 19, 1999 TO: Honorable Mayor and Members of the City Council FROM: City Manager SUBJECT: Finance Department Reorganization ISSUE STATEMENT: Consideration of the proposed reorganization of the Finance Department. RECOMMENDATION: It is recommended that the FY98-99 Municipal Budget Personnel Summary be amended to approve and authorize the positions of Finance Director, Accountant II, and Senior Account Clerk and to delete the authorizations for Assistant Finance Director, Senior Accountant and Administrative Intern. It is also recommended that the City Council approve Resolution Number 96-53H "Resolution of the City of Diamond Bar setting forth personnel rules and regulations regarding the payment of salaries, sick leave, vacations, leaves of absences, and other regulations", which adds the positions of Finance Director, Accountant II, and Senior Account Clerk to the salary chart. FINANCIAL SUMMARY: The cost of this reorganization is estimated to be $12,700 for the balance of the fiscal year or $25,400 annually. DISCUSSION: The City recently received notification from the City's Senior Accountant of her decision to leave the City's employment. With this occurrence, the City management is taking the opportunity to look at the Finance Department organization and propose some changes to assist and improve the department. The City's Finance Department is responsible for all of the financial activities of the City. This includes but is not limited to financial reporting, general accounting, budgeting, payroll preparation, accounts payable preparation, fixed asset accounting, treasury management, false alarm collection and accounts receivable processing. Page 2 - City Council Report Finance Department Reorganization The department currently is composed of three positions, Assistant Finance Director, Senior Accountant and Account Clerk II. There is also an intern position budgeted which has been recently vacated. The Assistant Finance Director position is responsible for all financial operations of the City and Redevelopment Agency. This includes financial reporting, budget preparation and administration, treasury management, enforcement and institution of internal controls and City policies, staff supervision, audit preparation, and the overall operation of the department. These responsibilities are equivalent to that of Finance Director. Therefore, it is recommended that this position be reclassified to Finance Director. The Senior Accountant position is responsible fogeneral ledgr (which reconciliations, bank reconciliations, payroll preparation continues to include some personnel activities and benefit administration), month-end processing, fixed asset maintenance, administration of Prop A and C transit projects, risk management and some purchasing. By changing some of the responsibilities, it is proposed that this position be reclassified to an Accountant II position. The Accountant II position would be a professional position which requires some experience but not near the amount of experience required at the Senior Accountant level. The new position would be relieved of some of the administrative tasks (i.e. personnel, purchasing, risk management, benefit administration). In exchange, the Accountant II would takeover the responsibility of requisitioning and collection of grant city funds (CDBG, Prop A -Safe Parks, FEMA, etc.). The aander's Office would continue to administer the grant processes expenditures. It is recommended that the current Account Clerk II (3/4 -time) be reclassed to Senior Account Clerk and be assigned different duties. The new responsibilities of this position will include payroll preparation, developer deposit reconciliations, false alarm collection activities, daily cash receipt deposit balancing, invoice logging and accounts receivable invoicing. It is also anticipated that this position will assist with the processing of accounts payable on an as needed basis. it is also recommended that a full-time Account Clerk II position be added. This position would be responsible for the processing of accounts payable. As the City operations have changed and grown so has the volume of accounts payable invoices. The City processes approximately 150 checks on a bi-monthly basis. Inmost cases, each check has more than one invoice attached for payment. Page 3 - City Council Report Finance Department Reorganization In addition to processing invoices for payment, the accounts payable position is currently responsible for entering and tracking all encumbrances (purchase orders), processing manual checks and answering vendor inquiries. It is also anticipated that the Account Clerk II would assist the Senior Account Clerk when time is available. PREPARED BY: Linda G. Magnuson RESOLUTION NO. 96-53H RESOLUTION OF THE CITY OF DIAMOND BAR SETTING FORTH PERSONNEL RULES AND REGULATIONS REGARDING THE PAYMENT OF SALARIES, SICK LEAVE, VACATIONS, LEAVES OF ABSENCES, AND OTHER REGULATIONS THE CITY COUNCIL OF THE CITY OF DIAMOND BAR HEREBY RESOLVES, ORDERS, AND DETERMINES AS FOLLOWS: WHEREAS, the City Council has determined that it is necessary to the efficient operation and management of the City that rules and regulations be maintained prescribing sick leave, vacation, leaves of absences, and other regulations for the officers and employees of the City; and WHEREAS, it is necessary from time to time to establish comprehensive wage and salary schedules and to fix the rates of compensation to be paid to officers and employees of the City. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Diamond Bar, California, as follows: SECTION 1. COMPREHENSIVE WAGE AND SALARY PLAN There is hereby established a Comprehensive Wage and Salary Plan for employees of the City of Diamond Bar. The Comprehensive Wage and Salary Plan is designed to provide for a fair and efficient framework for the administration of wages and is based upon the recommendations of the City Manager. SECTION -2. SALARY SCHEDULE Pursuant to Ordinance 21 (1989), the Diamond Bar City Council hereby establishes the salaries and the various full-time positions of the City of Diamond Bar. As of the pay period commencing on January 30, 1999, the compensation of the various classes of positions shall be as shown on Schedule A and B (attached). SECTION 3. FULL-TIME SALARY SCHEDULE GUIDELINES New employees shall be hired at the entry step or any step at the discretion of the City Manager and must successfully complete a one year probation period. At the end of six months, the employee will be given a performance evaluation and may be eligible for the next step. Every year thereafter, employees shall be given a performance evaluation and shall move to each successive step, so long as the employee's performance is satisfactory or above. RESOLUTION 96-53 H Page Two SECTION 4. PROBATION In an effort to monitor newly -hired employees, the probation period for newly -hired employees is one year. SECTION 5. MILEAGE REIMBURSEMENT Private automobiles are not to be used for the City business except as authorized. The City Manager may authorize such use at the reimbursement rate equal to that set forth by the Internal Revenue Service. Payments shall be based upon the most direct route to and from the destination, and garage and parking expenses shall be paid in addition to the current rate, upon submission of paid receipts. SECTION 6. HEALTH, DENTAL, VISION, LIFE, DEFERRED COMPENSATION, LONG TERM DISABILITY AND UNEMPLOYMENT INSURANCE. All full-time employees and designated permanent part time employees are eligible to receive group health, dental, vision, life, deferred compensation, disability insurance and unemployment insurance within the City's group insurance carrier(s), with the administrative cost and premiums paid by the City to a maximum established in Section 7, after 30 days of employment. Dependents of employees are eligible for health, dental and vision insurance. SECTION 7. FRINGE BENEFIT PACKAGE An employee benefit program is authorized wherein all officers, full-time employees and designated permanent part-time have a choice of medical and/or fringe benefits, as described in Section 6, in an amount not to exceed $650.00 a month, paid by the City. A. Employees, defined as Management shall receive an additional $30.00 per month to be applied as described in Section 6. B. All employees shall participate in the Life, Dental and Vision Insurance programs. The City shall pay the cost of the employee in addition to the benefit program described in Section 6 or Section 7(A). Monies in excess of the City's 457 Plan shall be paid off annually during each December. C. All eligible employees may participate in the City's 401(A) deferred compensation plan. SECTION 8. PART-TIME EMPLOYMENT Hourly compensation for the various part-time positions shall be as set forth in Schedule B (attached). RESOLUTION 96-53 H Page Three SECTION 9. STATUS OF EMPLOYMENT All employees serve under the City Manager, pursuant to Government Code Section 34856. Per. Government Code Section 36506, nothing in these rules and regulations shall be construed to provide employees with any tenure or property interest in employment. SECTION 10. PUBLIC EMPLOYEES' RETIREMENT SYSTEM - DEFERRED COMPENSATION The City of Diamond Bar shall pay the employee contribution of said employee salary to the State Public Employees' Retirement System (PERS) as deferred income. SECTION 11. PAY PERIODS The compensation due to all officers and employees of the City shall be on a bi-weekly basis. SECTION 12. PAY DAYS Warrants or checks in the payment of compensation shall be made available by the City to employees and officers of the City on the Friday succeeding the close of any given pay period. In an event that pay day falls on a holiday, all warrants or checks in payment of compensation shall be made available to the City employee on the last work day preceding the holiday. SECTION 13. WORKING HOURS AND OVERTIME A. Eight (8) hours, exclusive of lunch period, shall constitute a day's work for all full time employees. B. The official work week of the City of Diamond Bar shall be five (5) working days of eight (8) hours each. It shall be the duty of each Department Head to arrange the work of their Department so that each employee therein shall not work more than five (5) days in each calendar week. The City Manager may require an employee to temporarily perform service in excess of five (5) days per week when public necessity or convenience so requires. C Whenever an employee, other than an Management employee, shall be required to work overtime, beyond 40 hours per week, such person shall receive compensation for such overtime worked at one and one-half (1 1/2) times the regular rate of pay, provided they have completed a full 40 hour work week. RESOLUTION 96-53 H Page Four D. Any full time employee, other than an Management Team Member, who is required to work on an observed holiday beyond the regular 40 hour work week, shall be entitled to pay at the rate of two (2) times the regular rate of pay provided they have worked a 40 hour work week. E. There is nothing contained within this Section to exclude the City from implementing a 4-10 Plan at their option. SECTION 14. ANNUAL VACATION A. A full time employee, after twelve (12) months continuous service with the City of Diamond Bar, shall be entitled to a vacation of ten (10) work days per year, to be accrued at a rate of 3.08 hours per pay period. YEARS OFERVICE VACATION ACCRUAL 1 - 5 10 days 6-10 15 days 11 & Up 20 days B. Vacation time may be accumulated to a maximum of twenty (20) days (160 hours). The City Manager may approve vacation time accruals exceeding twenty (20) days. C. The total vacation allowance shall be computed to the nearest whole day, based upon the number of full months of City service. D. In the event one or more municipal holidays follow accumulated vacation leave, such days shall not be charged as vacation leave and the vacation leave shall be extended accordingly for those employees eligible for such holidays. E. An employee shall take vacation at such time during the calendar year based upon due regard to the needs of the employee's services and the work schedule. F. Vacation shall be taken during the year following which the vacation privilege has been earned. G. The time set for the vacation of the City Manager shall be subject to the approval of the City Council. H. Employees who terminate shall be paid the salary equivalent to all accrued vacation earned after one (1) year of service has been completed, prior to the effective date of termination. RESOLUTION 96-53 H Page Five All vacation requests shall be made at least ten (10) days in advance and prior approval must be given by employee's supervisor and Department Head. J. If an employee does not request time off in advance and simply does not show up for work, the City Manager may deny the use of vacation time or other benefit for the time off, and said employee is subject to disciplinary action including discharge. K. Management employees, for the purpose of accrual, shall be credited with previous municipal experience, up to five (5) years of service. SECTION 15. SICK LEAVE A. Sick leave with pay shall be accrued by full-time employees at a rate of 3.08 hours per pay period. B. After six (6) months of continuous service the employee is eligible to use sick leave. C. Unused sick leave may be accumulated to a maximum total not to exceed 160 hours. Absence or illness may not be charged to sick leave if not already accrued and/or accumulated. D. Each full time employee shall be paid one-half (1/2) of the unused balance of the annually accrued sick leave, accrued during a given accrual year, when the then annual accrual results in sick leave in excess of the maximum allowable accumulation of 160 hours. The sick leave payout shall only apply to the amount which is in excess of the maximum allowable accumulated amount of 160 hours. The annual accrued sick leave, over the maximum accumulation, shall be paid once a year, at the employee's current wage at the time of payment. Said payment is to be made on the first day in December, or at such other time as the City Manager may determine, at his/her absolute discretion, as appropriate. E. Sick leave shall be allowed only in case of necessity and actual sickness or disability of the employee or dependent family members, as determined by the City Manager. In order to receive sick leave with pay, the employee shall notify the Department Head prior to or within two (2) hours after the time set for beginning daily duties. The City Manager may, if he/she deems necessary, require the employee to file a Physician's Certificate or a Personal Affidavit stating the cause of absence. F. Sick leave shall not accrue to any employee for any month in which that employee is on unpaid leave and does not work a minimum of ten (10) eight (8) hour working days in any one month or combination thereof. RESOLUTION 96-53 H Page Six G. If an employee does not show up for work and does not call in within two hours, the City Manager may deny use of sick leave for the unauthorized time off, and employee is subject to disciplinary action. H. Employees using all accumulated sick leave may be deemed to have abandoned their employment. I. After five (5) years of service, when an employee retires, resigns or terminates in good standing, that employee will be paid all accumulated sick leave at a rate of one-half (1/2) of the employee's current rate of pay at his/her date of termination. SECTION 16. BEREAVEMENT LEAVE When circumstances are such and the City Manager determines that conditions warrant, three (3) paid bereavement leave days may be granted in the event of death of a relative of a full- time employee. "Relative" is defined as spouse, parents, children, step -children, brother, sisters, grandparents, grandchildren, half-brothers, half-sisters, aunts, uncles, or other individuals related by blood or marriage. SECTION 17. UNAUTHORIZED LEAVE If an employee does not show up for work for three consecutive work days without notifying said employee's supervisor or Department Head, said employee shall be considered to have voluntarily terminated employment with the City. SECTION 18. ON-THE-JOB INJURY Whenever a person is compelled to be absent from employment with the City on account of injury arising out of or in the course of that employee's employment as determined by the Workers' Compensation Act, the employee may elect to apply pro -rated accrued sick leave, if any, to such absence to receive compensation of an amount of the difference between the compensation received under the Workers' Compensation Act and that employee's regular pay, not to exceed the amount of the employee's earned sick leave. An employee in such instance may also elect to use any earned vacation time in like manner after sick leave is exhausted. The City will pay the employee up to three (3) days of that employee's regular salary as it relates to an on- the-job injury and if not covered by Workers' Compensation. RESOLUTION 96-53 H Page Seven SECTION 19. JURY DUTY If a full-time employee is called for jury duty, such person shall receive regular pay while actually performing jury service, however, any amount received by such employee as payment for services as juror shall be reimbursed to the City. All mileage paid to the employee as a juror shall not be considered as a reimbursable item to the City. SECTION 20. ATTENDANCE Full time employees shall be in attendance at their work in accordance with the rules regarding hours of work, holidays, and leave. Departments shall keep attendance records of all employees. Absence of any employee without leave may result in possible disciplinary action, including discharge. SECTION 21. HOLIDAYS A. Holidays which fall on Saturday shall be observed on the preceding Friday, and holidays which fall on Sunday shall be observed on the following Monday. Paid holidays are only for the observed days. B. The City of Diamond Bar's observed paid holidays are as follows: 1. New Year's Day (January 1) 2. Washington's Birthday (observed the third Monday in February) 3. Memorial Day (observed the last Monday in May) 4. Independence Day (July 4) 5. Labor Day (observed first Monday in September) 6. Veteran's Day (November 11) 7. Thanksgiving Day 8. Day following Thanksgiving Day 9. Christmas Eve (December 24) 10. Christmas Day (December 25) 11. Two (2) Floating Holidays SECTION 22. FLOATING HOLIDAYS A. Each full time employee is allowed two (2) floating holidays (8 hours each) per calendar year, January through December. B. Floating Holidays are not cumulative and must be used during the above period or said employee will lose the allocated hours. RESOLUTION 96-53 H Page Eight C. Each employee must submit a request in advance, and approval must be given by the employee's supervisor and Department Head. D. A full time employee is eligible to use a floating holiday after 30 days of continuous employment. E. Floating Holidays may be used in lieu of sick leave only if all other benefit time has been exhausted. SECTION 23. TRAINING PLAN The City Manager and employees of the City are eligible to request specialized training in the form of symposiums, special courses, forums, etc., at the City's expense. SECTION 24. LEAVE OF ABSENCE Leave of absence without pay may only be granted by the City Manager. SECTION 25. RESIGNATION An employee wishing to terminate employment in good standing shall file a written resignation with the City Manager stating the effective date and reasons for leaving, at least two (2) weeks prior to the resignation. Failure to give such notice shall mean the employee did not terminate in good standing, unless by reason of hardship and upon that employee's request, the City Manager has waived the two week notice requirement. SECTION 26. ANTI -NEPOTISM PROVISION A. Relatives of those listed below may not be employed anywhere in the City organization: 1. City Council Members; 2. Standing Board and Commission members; 3. Management Team Members of the City; 4. Employees of the City Manager's Department; or 5. Employees of the Personnel Department. B. The employment of a relative within a department is prohibited when they: 1. Perform joint duties; 2. Share responsibility of authority; 3. Function in the same chain of command; and 4. Work on the same shift at the same work site. RESOLUTION 96-53 H Page Nine C. For business reasons of supervision, safety, security or morale, the City may refuse to place one spouse under the direct supervision of the other spouse. D. For business reasons of supervision, safety, security or morale, an employer may refuse to place both spouses in the same department, division, or facility if the work involves potential conflicts of interest or other hazards greater for married couples than other persons. E. "Relative" means child, step -child, parent, grandparent, grandchild, brother, sister, half- brother, half-sister, aunt, uncle, niece, nephew, parent -in-law, brother -in law, sister-in- law, or another individual related by blood or marriage. F. "Employee" means any person who receives a City paycheck for services rendered to the City. SECTION 27. NON-DISCRIMINATION The City of Diamond Bar does hereby affirm to adopt and support a policy of non- discrimination with regard to all phases of personnel recruitment, selection and appointment. The City further declares that it will not exclude from participation in, deny the benefits to, or subject to discrimination any person on the basis of race, religion, nationality, sex, age or handicap, thereby affirming the City of Diamond Bar's posture as an equal opportunity employer. SECTION 28. EMPLOYEE PERFORMANCE EVALUATION APPEALS PROCEDURES It is the intent of the City to offer fair and equitable appeals procedures for employee's performance evaluations. Below are the official guidelines. A. Employee and supervisor meet to review and discuss the employee's performance evaluation. B. The employee may respond in writing to the contents of the evaluation. This response must be submitted to the Department Head within five (5) working days immediately following the evaluation. C. The Department Head, as the reviewing official, shall respond in writing to the employee within five (5) working days. This response becomes an official part of the evaluation. D. If the employee chooses to continue to appeal following the response from the reviewing official, the employee must submit an additional written response to the Personnel Officer within five (5) working days after receipt of the reviewing official's response. RESOLUTION 96-53 H Page Ten E. The Personnel Officer shall review the evaluation appeal within five (5) days with the employee, supervisor and Department Head. Every effort will be made at this level to resolve the appeal. F. If the matter is not settled, a written appeal may be submitted to the City Manager by the employee within five (5) working days following the decision rendered in writing by the Personnel Officer. G. The City Manager shall review the appeal with the employee, supervisor, Department head and Personnel Officer. The decision shall be rendered in writing within five (5) working days by the City Manager, and the decision of the City Manager shall be final. SECTION 29. POST OFFER PHYSICAL EXAMS All individuals who become a candidate for City employment must successfully pass a Post -offer physical and substance abuse exams and are subject to fingerprinting and a background investigation. The candidates being considered for employment will be sent to a City authorized physician at the City's expense. SECTION 30. EMERGENCY CALL -OUT POLICY The following Emergency Call -Out Policy shall be adhered to: A. When a full time employee or permanent part-time, other than an Management employee, is called out for a City emergency, the employee shall be given a minimum of two hours pay, regardless of the amount of time it takes to rectify the problem. B. The employee shall be paid overtime per Section 13. SECTION 31. ADMINISTRATIVE LEAVE Management employees are allowed two (2) days of administrative leave per fiscal year. Additional days of leave may be authorized by the City Manager, based on the number of total hours the individual works over and above 40 hours per week. A. Management employees do not receive paid overtime, and this leave is to recognize those employees who work over and above 40 hours per week. RESOLUTION 96-53 H Page Eleven B. Following is a list of Management Team Member positions: Accountant II Administrative Assistant Assistant City Manager Assistant to the City Manager Assistant Finance Director Assistant Civil Engineer Assistant Planner Associate Engineer Associate Planner City Clerk City Engineer/Director of Public Works Communications and Marketing Director Communications and Marketing Coordinator Deputy City Manager Deputy Public Works Director Development Assistant Director of Community Development Director of Community Services Director of Finance Secretary to the City Manager/Office Manager Senior Accountant Senior Engineer Senior Planner Superintendent of Parks & Maintenance C. Administrative leave may not be accumulated and carried over to the following year. It must be used by June 30 of each fiscal year. Leave may be granted in hourly increments. Requests shall be submitted to employee's immediate supervisor for approval, then forwarded to the City Manager for approval. Administrative leave will be authorized at the convenience of the City and the work schedule. SECTION 32. MEDICARE Pursuant to Revenue Billing 86-68 of the Internal Revenue Code, all employees hired after March 31, 1987 will have 1.45 percent of their base salary deducted from their paycheck to be paid to Medicare. The City will match the 1.45 percent as mandated by law. RESOLUTION 96-53 H Page Twelve SECTION 33. IMMIGRATION REFORM AND CONTROL ACT OF 1986 In compliance with the Immigration Reform and Control Act of 1986, all new employees must verify identity and entitlement to work in the United States by providing required documentation. SECTION 34. EXTENDED BENEFITS - COBRA The Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) provides for the continuation of health care coverage to certain employees who terminated employment and beneficiaries of employees who die, become disabled or are divorced. Employees become eligible for continued coverage upon termination of service, whether voluntary or not (other than termination for gross misconduct), retirement or reduction in hours worked. For these employees and their dependents, continued coverage is available for 18 months, at their expense. SECTION 35. TUITION REIMBURSEMENT Subject to Council fiscal year budget authorization, each employee shall be entitled to reimbursement in the amount of $500 per fiscal year, for college -level or university -level educational courses (including tuition and related books), which have been approved by the personnel Officer or his/her designate as being job-related and of value to the City. Reimbursement under this Section is contingent upon the verification of the attainment of a letter grade of "C" or better, or in those cases where no letter grade is given, verification of completion of the course with a "Pass" or "Credit" grade and submittal of a receipt for registration bearing the name of the course, for which reimbursement is being requested. In the case of reimbursement for books for any approved/verified course; a syllabus, course reading list or course outline showing the book as being required for the course, plus a receipt bearing the title of the book shall be submitted. SECTION 36. PART TIME EMPLOYEES' RETIREMENT Effective July 1, 1991, part time, seasonal and temporary employees will be covered by a retirement system, under Social Security (OASDI). An employee's contribution rate shall be 6.2% on wages up to $61,200. The employer's tax rate is the same. Election workers and emergency workers are excepted from coverage, under this section. RESOLUTION 96-53 H Page Thirteen ADOPTED AND APPROVED THIS day of 91999 Mayor 1, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a special meeting of the City Council of the City of Diamond Bar held on the day of , 1999, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ATTEST: LYNDA BURGESS, City Clerk of the City of Diamond Bar Schedule A CITY OF DIAMOND BAR SALARY RANGES BY POSITION FY 1998-99 Revised 12/31/99 JOB TITLE A B C D E F G Receptionist 850 8.50 8.93 9.37 9.84 10.34 10.85 11.40 1,473.88 1,547.57 1,624.95 1,706.20 1,791.51 1,881.08 1,975.14 17,686.53 18,570.86 19,499.40 20,474.37 21,498.09 22,573.00 23,701.65 Jr. Clerk Typist 986 9.86 10.36 10.87 11.42 11.99 12.59 13.22 1,709.46 1,794.93 1,884.68 1,978.91 2,077.85 2,181.75 2,290.84 20,513.48 21,539.15 22,616.11 23,746.91 24,934.26 26,180.97 27,490.02 Clerk Typist 1058 10.58 11.11 11.67 12.25 12.86 13.51 14.18 1,834.17 1,925.88 2,022.17 2,123.28 2,229.45 2,340.92 2,457.96 22,010.04 23,110.55 24,266.07 25,479.38 26,753.35 28,091.01 29,495.56 Account Clerk I 1058 10.58 11.11 11.67 12.25 12.86 13.51 14.18 1,834.17 1,925.88 2,022.17 2,123.28 2,229.45 2,340.92 2,457.96 22,010.04 23,110.55 24,266.07 25,479.38 26,753.35 28,091.01 29,495.56 Transportation 1058 10.58 11.11 11.67 12.25 12.86 13.51 14.18 Clerk 1,834.17 1,925.88 2,022.17 2,123.28 2,229.45 2,340.92 2,457.96 22,010.04 23,110.55 24,266.07 25,479.38 26,753.35 28,091.01 29,495.56 Adminstrative 1159 11.59 12.17 12.78 13.42 14.09 14.79 15.53 Analyst 2,008.90 2,109.35 2,214.82 2,325.56 2,441.83 2,563.93 2,692.12 24,106.84 25,312.18 26,577.79 27,906.68 29,302.01 30,767.11 32,305.47 Community Services 1164 11.64 12.22 12.83 13.47 14.14 14.85 15.59 Coordinator 2,016.73 2,117.57 2,223.45 2,334.62 2,451.35 2,573.92 2,702.62 24,200.81 25,410.85 26,681.39 28,015.46 29,416.24 30,887.05 32,431.40 Secretary 1164 11.64 12.22 12.83 13.47 14.14 14.85 15.59 2,016.73 2,117.57 2,223.45 2,334.62 2,451.35 2,573.92 2,702.62 24,200.81 25,410.85 26,681.39 28,015.46 29,416.24 30,887.05 32,431.40 Account Clerk H 1164 11.64 12.22 12.83 13.47 14.14 14.85 15.59 2,016.73 2,117.57 2,223.45 2,334.62 2,451.35 2,573.92 2,702.62 24,200.81 25,410.85 26,681.39 28,015.46 29,416.24 30,887.05 32,431.40 Parks Maintenance 1227 12.27 12.89 13.53 14.21 14.92 15.66 16.44 Worker H 2,127.05 2,233.40 2,345.07 2,462.32 2,585.44 2,714.71 2,850.45 25,524.58 26,800.81 28,140.85 29,547.90 31,025.29 32,576.56 34,205.38 Administrative 1282 12.82 13.46 14.14 14.84 15.59 16.37 17.18 Secretary 2,222.66 2,333.79 2,450.48 2,573.01 2,701.66 2,836.74 2,978.58 26,671.94 28,005.54 29,405.82 30,876.11 32,419.91 34,040.91 35,742.95 Senior Account 1282 12.82 13.46 14.14 14.84 15.59 16.37 17.18 Clerk 2,222.66 2,333.79 2,450.48 2,573.01 2,701.66 2,836.74 2,978.58 26,671.94 28,005.54 29,405.82 30,876.11 32,419.91 34,040.91 35,742.95 Schedule A CITY OF DIAMOND BAR SALARY RANGES BY POSITION FY 1998-99 Revised 12131199 JOB TITLE A B C D E F G Code Enforcement 1349 13.49 14.16 14.87 15.61 16.39 17.21 18.07 Officer 2,337.84 2,454.73 2,577.47 2,706.34 2,841.66 2,983.74 3,132.93 28,054.09 29,456.79 30,929.63 32,476.11 34,099.92 35,804.91 37,595.16 Deputy City Clerk 1392 13.92 14.62 15.35 16.12 16.92 17.77 18.66 2,412.94 2,533.59 2,660.27 2,793.28 2,932.94 3,079.59 3,233.57 28,955.28 30,403.04 31,923.19 33,519.35 35,195.32 36,955.09 38,802.84 Management 1466 14.66 15.40 16.17 16.97 17.82 18.71 19.65 Information System 2,541.45 2,668.52 2,801.94 2,942.04 3,089.14 3,243.60 3,405.78 (MIS) Technician 30,497.35 32,022.21 33,623.32 35,304.49 37,069.71 38,923.20 40,869.36 Engineering 1550 15.50 16.27 17.08 17.94 18.84 19.78 20.77 Technician 2,686.02 2,820.32 2,961.34 3,109.40 3,264.88 3,428.12 3,599.52 32,232.25 33,843.86 35,536.06 37,312.86 39,178.50 41,137.43 43,194.30 Planning 1550 15.50 16.27 17.08 17.94 18.84 19.78 20.77 Technician 2,686.02 2,820.32 2,961.34 3,109.40 3,264.88 3,428.12 3,599.52 32,232.25 33,843.86 35,536.06 37,312.86 39,178.50 41,137.43 43,194.30 Development 1550 15.50 16.27 17.08 17.94 18.84 19.78 20.77 Services Assistant 2,686.02 2,820.32 2,961.34 3,109.40 3,264.88 3,428.12 3,599.52 32,232.25 33,843.86 35,536.06 37,312.86 39,178.50 41,137.43 43,194.30 Administrative 1550 15.50 16.27 17.08 17.94 18.84 19.78 20.77 Assistant 2,686.02 2,820.32 2,961.34 3,109.40 3,264.88 3,428.12 3,599.52 32,232.25 33,843.86 35,536.06 37,312.86 39,178.50 41,137.43 43,194.30 Community Relations 1550 15.50 16.27 17.08 17.94 18.84 19.78 20.77 Coordinator 2,686.02 2,820.32 2,961.34 3,109.40 3,264.88 3,428.12 3,599.52 32,232.25 33,843.86 35,536.06 37,312.86 39,178.50 41,137.43 43,194.30 Secretary to the 1667 16.67 17.51 18.38 19.30 20.27 21.28 22.34 City Manager 2,890.02 3,034.52 3,186.25 3,345.56 3,512.84 3,688.48 3,872.90 34,680.23 36,414.25 38,234.96 40,146.71 42,154.04 44,261.74 46,474.83 Assistant Planner 1667 16.67 17.51 18.38 19.30 20.27 21.28 22.34 2,890.02 3,034.52 3,186.25 3,345.56 3,512.84 3,688.48 3,872.90 34,680.23 36,414.25 38,234.96 40,146.71 42,154.04 44,261.74 46,474.83 Accountant II 1667 16.67 17.51 18.38 19.30 20.27 21.28 22.34 2,890.02 3,034.52 3,186.25 3,345.56 3,512.84 3,688.48 3,872.90 34,680.23 36,414.25 38,234.96 40,146.71 42,154.04 44,261.74 46,474.83 Sec to the City Mgr/ 1928 19.28 20.24 21.25 22.31 23.43 24.60 25.83 Office Manager 3,341.11 3,508.17 3,683.58 3,867.76 4,061.14 4,264.20 4,477.41 40,093.36 42,098.03 44,202.93 46,413.08 48,733.73 51,170.42 53,728.94 JOB TITLE Communications & 1935 Marketing Coord. Community Relations 1935 Manager Assistant to the 1935 City Manager Superintendent of 1935 Parks/Maintenance Senior Accountant 1935 Assistant Civil 1935 Engineer Associate Planner 2027 Associate Engineer 2027 Transportation 2027 Planner Accounting Manager 2080 Senior Planner 2179 Schedule A CITY OF DIAMOND BAR SALARY RANGES BY POSITION FY 1998-99 45,320.35 47,586.37 49,965.69 52,463.97 55,087.17 57,841.53 60,733.61 Revised 12/31/99 A B C D E F G 19.35 20.32 21.33 22.40 23.52 24.70 25.93 3,354.15 3,521.85 3,697.95 3,882.84 4,076.99 4,280.84 4,494.88 40,249.76 42,262.25 44,375.36 46,594.13 48,923.84 51,370.03 53,938.53 19.35 20.32 21.33 22.40 23.52 24.70 25.93 3,354.15 3,521.85 3,697.95 3,882.84 4,076.99 4,280.84 4,494.88 40,249.76 42,262.25 44,375.36 46,594.13 48,923.84 51,370.03 53,938.53 19.35 20.32 21.33 22.40 23.52 24.70 25.93 3,354.15 3,521.85 3,697.95 3,882.84 4,076.99 4,280.84 4,494.88 40,249.76 42,262.25 44,375.36 46,594.13 48,923.84 51,370.03 53,938.53 19.35 20.32 21.33 22.40 23.52 24.70 25.93 3,354.15 3,521.85 3,697.95 3,882.84 4,076.99 4,280.84 4,494.88 40,249.76 42,262.25 44,375.36 46,594.13 48,923.84 51,370.03 53,938.53 19.35 20.32 21.33 22.40 23.52 24.70 25.93 3,354.15 3,521.85 3,697.95 3,882.84 4,076.99 4,280.84 4,494.88 40,249.76 42,262.25 44,375.36 46,594.13 48,923.84 51,370.03 53,938.53 19.35 20.32 21.33 22.40 23.52 24.70 25.93 3,354.15 3,521.85 3,697.95 3,882.84 4,076.99 4,280.84 4,494.88 40,249.76 42,262.25 44,375.36 46,594.13 48,923.84 51,370.03 53,938.53 20.27 21.28 22.35 23.46 24.64 25.87 27.16 3,513.21 3,688.87 3,873.31 4,066.98 4,270.32 4,483.84 4,708.03 42,158.48 44,266.40 46,479.72 48,803.71 51,243.89 53,806.09 56,496.39 20.27 21.28 22.35 23.46 24.64 25.87 27.16 3,513.21 3,688.87 3,873.31 4,066.98 4,270.32 4,483.84 4,708.03 42,158.48 44,266.40 46,479.72 48,803.71 51,243.89 53,806.09 56,496.39 20.27 21.28 22.35 23.46 24.64 25.87 27.16 3,513.21 3,688.87 3,873.31 4,066.98 4,270.32 4,483.84 4,708.03 42,158.48 44,266.40 46,479.72 48,803.71 51,243.89 53,806.09 56,496.39 20.80 21.84 22.93 24.08 25.29 26.55 27.88 3,605.71 3,785.99 3,975.29 4,174.06 4,382.76 4,601.90 4,831.99 43,268.48 45,431.90 47,703.50 50,088.67 52,593.11 55,222.76 57,983.90 21.79 22.88 24.02 25.22 26.48 27.81 29.20 3,776.70 3,965.53 4,163.81 4,372.00 4,590.60 4,820.13 5,061.13 45,320.35 47,586.37 49,965.69 52,463.97 55,087.17 57,841.53 60,733.61 JOB TITLE Senior Engineer 2179 Communicaations & 2365 Marketing Director Assistant Finance 2365 Director City Clerk 2365 Community Services 2622 Director Finance Director 2622 Deputy PW Director 2622 Comm. Development 3045 Director City Eng/Public 3045 Works Director Deputy City Manager 3236 City Manager * 3468 Schedule A CITY OF DIAMOND BAR SALARY RANGES BY POSITION FY 1998-99 Revised 12/31/99 A B C D E F G 21.79 22.88 24.02 25.22 26.48 27.81 29.20 3,776.70 3,965.53 4,163.81 4,372.00 4,590.60 4,820.13 5,061.13 45,320.35 47,586.37 49,965.69 52,463.97 55,087.17 57,841.53 60,733.61 23.65 24.83 26.07 27.38 28.75 30.18 31.69 4,099.33 4,304.29 4,519.51 4,745.48 4,982.76 5,231.90 5,493.49 49,191.93 51,651.52 54,234.10 56,945.80 59,793.09 62,782.75 65,921.89 23.65 24.83 26.07 27.38 28.75 30.18 31.69 4,099.33 4,304.29 4,519.51 4,745.48 4,982.76 5,231.90 5,493.49 49,191.93 51,651.52 54,234.10 56,945.80 59,793.09 62,782.75 65,921.89 23.65 24.83 26.07 27.38 28.75 30.18 31.69 4,099.33 4,304.29 4,519.51 4,745.48 4,982.76 5,231.90 5,493.49 49,191.93 51,651.52 54,234.10 56,945.80 59,793.09 62,782.75 65,921.89 26.22 27.53 28.91 30.36 31.87 33.47 35.14 4,545.40 4,772.67 5,011.30 5,261.86 5,524.96 5,801.21 6,091.27 54,544.76 57,271.99 60,135.59 63,142.37 66,299.49 69,614.47 73,095.19 26.22 27.53 28.91 30.36 31.87 33.47 35.14 4,545.40 4,772.67 5,011.30 5,261.86 5,524.96 5,801.21 6,091.27 54,544.76 57,271.99 60,135.59 63,142.37 66,299.49 69,614.47 73,095.19 26.22 27.53 28.91 30.36 31.87 33.47 35.14 4,545.40 4,772.67 5,011.30 5,261.86 5,524.96 5,801.21 6,091.27 54,544.76 57,271.99 60,135.59 63,142.37 66,299.49 69,614.47 73,095.19 30.45 31.97 33.57 35.25 37.01 38.86 40.80 5,277.75 5,541.64 5,818.72 6,109.66 6,415.14 6,735.90 7,072.69 63,333.04 66,499.69 69,824.68 73,315.91 76,981.71 80,830.79 84,872.33 30.45 31.97 33.57 35.25 37.01 38.86 40.80 5,277.75 5,541.64 5,818.72 6,109.66 6,415.14 6,735.90 7,072.69 63,333.04 66,499.69 69,824.68 73,315.91 76,981.71 80,830.79 84,872.33 32.36 33.97 35.67 37.46 39.33 41.30 43.36 5,608.46 5,888.88 6,183.32 6,492.49 6,817.12 7,157.97 7,515.87 67,301.49 70,666.57 74,199.90 77,909.89 81,805.39 85,895.66 90,190.44 40.15 42.16 44.26 46.48 48.80 51.24 53.80 6,959.08 7,307.03 7,672.38 8,056.00 8,458.80 8,881.74 9,325.83 83,508.91 87,684.35 92,068.57 96,672.00 101,505.60 106,580.88 111,909.92 CITY OF DIAMOND BAR MEMORANDUM TO: Terrence L. Belanger, City Manager FROM: Kellee A. Fritzal, Assistant to the City Manager 0E - SUBJECT: HUMANE SOCIETY DATE: January 5, 1999 As requested, in response to questions/issued raised regarding the Humane Society: Attached is a copy of the Financial Statement of Years ended June 30, 1997 and 1996 by Gregory, Yorke and Lerias. Attached is a copy of the 1999 and 1998 Board of Directors for the Inland Valley Humane Society. The Field Officers and Kennel personnel do not carry any guns. There is one tranquilizer gun at the kennel which only qualified personnel have access. Attached is a list of Equipment kept by the officer, it should be noted that the Officers can carry a pocket knife, which is not supplied by the Humane Society. Training for Field Officer and Kennel Personnel - Attached the job descriptions which detail the minimum qualifications. In addition, there is a list of required training for the Field Officers by the Inland Valley Humane Society. Attached is also the California Penal Code regarding humane officer not being defined as peace officer, but as having the powers of peace officers. In addition the requirements for the appointments of humane officer pursuant to the Civil Code is attached. "A level I humane officer may make arrests for violation of any penal law of this state relating to or affecting animals in the same manner as any peace officer and may also serve search warrants" (Civil Code 607£(1)(C)(i) (1)(B)). Section E of the Civil Code regarding humane officers sets forth the training requirements. As discussed previously, humane officers are peace officers and their authority is from the State Civil Code. The Humane Society provides for Customer Service Training for all employees. The Humane Society has not formally conducted a Customer Satisfaction survey; however, at clinics they have surveyed. There is no oversight committee, the oversight is via the Board of Directors. Describe the training required for field officers. Training for Field Officers: a) Thirty days minimum training with a Training Officer before -working alone b) Three days training in our kennels c) Within six months of hire date, 40 hrs. PC 832 POST Certified for Arrest, Search and Seizure d) Sixty days working alone before pulling a standby shift e) Euthanasia training with Registered Veterinary Technician f) 80 hrs California Humane Officer Academy after one year employment g) 40 hrs California Advanced Humane Officer Academy after three years h) Seminars (as available) for job related skill improvement Pomona Valley Humane Society & S.P.C.A. EQUIPMENT The following equipment will be kept by each officer: 1. Radio for communication 2. Camera w/film (2 rolls minimum) 3. Flashlight* 4. Knife* 5. Business Cards 6. Briefcase 7. Rain gear 8. State Humane book The following equipment will be kept in each vehicle: 1. Thomas Guides 2. Forms for impound, door posting, citations, quarantines, complaint cards, etc. 3. Educational material (wildlife, training, rabies, etc.) 4. Flea Spray 5. Food for animals (cat, dog, bird, rabbit, etc.) 6. Water for animals 7. Clean blankets and towels 8. Small animal cages (minimum four) 9. Heavy gloves 10. Two control sticks 11. Snake Tongs 12. Shovel 13. Net (for birds, small animals) 14. Odor Solvent (Skunk off) 15. Snake box 16. Trash bags (large and small) 17. Leashes 18. Halter and lead rope 19. Ordinance book 20. Bolt Cutters 21. First Aid Kit 22_ Bungee cords * These items are not issued by the agency INLAND VALLEY HUMANE SOCIETY & S.P.C.A. PRESIDENT Mr. Ray Schmidt Mortgage Banker VICE PRESIDENT Harvey F. Good, Ed.D. Professor Mrs. Carole Anthony Chamber of Commerce Mr. Harold Nelms Retired GTE William O. Wirtz II,PH.D. Professor of Biology BOARD OF DIRECTORS 1999 DIRECTORS Mr. Bruce Braviorff Equipmment Funding Mrs, Sandra Rose Board Member % Inland Valley Humane Society & S.P.C.A. 500 Humane Way Pomona, CA 91766 All letters will be given to the member immediately. SECRETARY Mrs. Paula Cheatham Management Assistant II TREASURER Mrs. Lynn Smith Bank Vice President Mr, Michael Kaler Attorney at Law Eric Weigand, D.V.M. Veterinarian the defendant in writing of his right to be taken before a magistrate in that county, note on the warrant that he has so informed defendant, and, upon being required by defendant, take him before a magistrate in that county, who must admit him to bail in the amount specified in the indorsement referred to in Section 815a, or if no bail is specified, the magistrate may set bail; if the defendant is admitted to bail the magistrate shall direct the defendant to appear before the court or magistrate by whom the warrant was issued on or before a day certain which shall in no case be more than 25 days after such admittance to bail. If bail be forthwith given, the magistrate shall take the same and indorse thereon a memorandum of the aforesaid order for the appearance of the defendant. If the defendant arrested in another county on a misdemeanor charge does not require the arresting officer to take him before a magistrate in that county for the purpose of being admitted to bail, or if such defendant, after being admitted to bail, does not forthwith give bail, the arresting officer shall immediately notify the law enforcement agency requesting the arrest in the county in which the warrant was issued that such defendant is in custody, and thereafter such law enforcement agency shall take custody of such defendant within five days in the county in which he was arrested and shall take such defendant before the magistrate who issued the warrant, or before some other magistrate of the same county. If a defendant is arrested in another county on a warrant charging the commission of a misdemeanor, upon which warrant the amount of bail is indorsed as provided in Section 815a, and defendant is held in jail in the county of arrest pending appearance before a magistrate, the officer in charge of the jail shall, to the same extent as provided by Section 1269b, have authority to approve and accept bail from defendant in the amount indorsed on the warrant, to issue and sign an order for the release of the defendant, and, on posting of such bail, shall discharge defendant from custody. Duty to Take to Magistrate. (Pen. 828.) The officer who executes the warrant must take the defendant before the nearest or most accessible magistrate of the county in which the offense is triable, and must deliver to him the complaint and the warrant, with his return endorsed thereon, and the magistrate must then proceed in the same manner as upon a warrant issued by himself. Peace Officers Specified. (Pen. 830.3.) The following persons are peace officers whose authority extends to any place in the state for the purpose of performing their primary duty or when making an arrest pursuant to Section 836 of the Penal Code as to any public offense with respect to which there is immediate danger to person or property, or of the escape of the perpetrator of that offense, or pursuant to Section 8597 or 8598 of the Government Code. These peace officers may carry firearms only if authorized and under those terms and conditions as specified by their employing agencies: I I R Animal Control Officers Mav Arrest, Service Warrants: Training Requed. (Pen 830.9.) Animal control officers are not peace officers but may exercisire crs ,f arrest of a peace officer as specified in Section 836 and the power u , warrants as specified in Sections 1523 and 1530 during the course and within the scope of their employment, if those officers successfully complete a course in the exercise of those powers pursuant to Section 832. That part of the training course specified in Section 832 pertaining to the carrying and use of firearms shall not be required for any animal control officer whose employing agency prohibits the use of firearms. For the purposes of this section, "firearms" includes capture guns, blowguns, carbon dioxide operated rifles and pistols, air guns, handguns, rifles, and shotguns. (Enacted 1985, amended 1990.) Required Training in Arrest and Firearms. (Pen. 832.) (a) Every person described in this chapter [Sections 830-832.5] as a peace officer, shall satisfactorily complete an introductory course of training prescribed by the Commission on Peace Officer Standards and Training. On or after July 1, 1989, satisfactory completion of the course shall be demonstrated by passage of an appropriate examination developed or approved by the commission. Training in the carrying and use of firearms shall not be required of any peace officer whose employing agency prohibits the use of firearms. (b) (1) Every peace officer described in this chapter, prior to the exercise of the powers of a peace officer, shall have satisfactory completed the course of training described in subdivision (a). . « s (Enacted 1971, amended 1991.) NOTE: Under the provisions of Civil Code Section 607f, state humane officers V e not defined as peace officers but as having the powers of peace officers. Definition. (Pen. 834.) An arrest is taking a person into custody, in a case and in the manner authorized by law. An arrest may be made by a peace officer or by a private person. Refrain from Resisting. (Pen. 834a.) If a person has knowledge, or by the exercise of reasonable care, should have knowledge, that he is being arrested by a peace officer, it is the duty of such person to refrain from using force or any weapon to resist such arrest. How an Arrest is Made and What Restraint Allowed. (Pen. 835.) An arrest is made by an actual restraint of the person, or by submission to the custody of an officer. The person arrested may be subjected to such restraint as is reasonable for his arrest and detention. (Enacted 1872, amended 1957.) Right of Arresting Officer to Use Reasonable Force. (Pen. 835x.) Any peace officer who has reasonable cause to believe that the person to be arrested has committed a public offense may use reasonable force to effect the arrest, to prevent escape or to overcome resistance. 239 THE HUMANE SOCIETY OF POMONA VALLEY, IN FINANCIAL STATEMENTS YEARS ENDED JUNE 30, 1997 AND 1996 Y, Grego Lerias C•PA•'S U : S SULTANTS "Your Success Is Our Destination" TABLE OF CONTENTS Gregory, Yorke &Lerias • C.P.A.'s E-BUSINESS CONSULTANTS Page No. ACCOUNTANTS' REPORT ................................... 1 FINANCIAL STATEMENTS Statements of Assets, Liabilities, and Net Assets - Cash Basis ....................................... 2 Statements of Support, Revenue and Expenses - Cash Basis ....................................... 3 Statements of Functional Expenses - Cash Basis.......... Notes to Financial Statements ....................... 5 - 10 ACCOUNTANTS' REPORT ON SUPPLEMENTARY INFORMATION...... 11 SUPPLEMENTARY INFORMATION Schedule of Revenue and Disbursements by Function... 12 - 13 Schedule of Revenue ................................. 14 Gregory, Yorke &Lerias • C.P.A.'s E-BUSINESS CONSULTANTS I177 NORTH PARK AVENUE POMONA, CALIFORNIA 91768 TEL:9o9.6a3-6641 800•644-o696 FAx:9o9.620-0947 email: gylcpa@aol.com A x "Your Success Is Our Destination" INDEPENDENT ACCOUNTANTS' REPORT The Board of Directors The Humane Society of Pomona Valley, Inc. RICHARD E. YORKE M.B.A., C.P.A JOHN LERIAS C.P.A. We have audited the accompanying statements of assets, liabilities, and net assets - cash basis of The Humane Society of Pomona Valley, Inc., dba The Humane Society of Pomona Valley & S.P.C.A., at June 30, 1997 and 1996, and the related statements of support, revenue and expenses - cash basis for the years then ended, and the statements of functional expenses - cash basis for the year ended June 30, 1997. These financial statements are the responsibility of the Society's management. Our responsibility is to express an opinion on these financial statements based on our audits. We conducted our audits in accordance with generally accepted auditing standards. Those standards require that we plan and perform the audits to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audits provide a reasonable basis for our opinion. As described in Note 1, the Society prepares its financial statements on a cash basis. This basis is a comprehensive basis of accounting other than generally accepted accounting principles. In our opinion, the financial statements referred to above present fairly, in all material respects, the assets, liabilities, and net assets of the Humane Society of Pomona Valley, Inc., dba The Humane Society of Pomona Valley & S.P.C.A., as of June 30, 1997 and 1996, and its support, revenue and expenses for the years then ended, on the basis of accounting described in Note 1. G October 30, 1997 Pomona, California �lil Cvr/ - 1 - ASSETS Cash Employee receivables and other Short -term -investments (Note 2) Property, plant and equipment Building and improvements Land and improvements Leasehold improvements Equipment Kennel equipment vehicles Furniture and fixtures Office equipment Computer equipment Mineral rights (Note 6) Less accumulated depreciation TOTAL ASSETS 1997 1 1996 $ 66,396 $ 10,447 5,928 3,567 118,030 136,675 190,354 150,689 800,852 775,610 21,528 21,528 27,842 27,842 11,674 23,312 27,668 23,273 340,577 285,734 24,781 24,781 67,205 67,205 129,326 129,326 1 1 1,451,454 1,378,612 737.458 643,117 713.996735,495 $ 904,350$_ 886,184 THE HUMANE SOCIETY OF POMONA VALLEY, INC. STATEMENTS OF ASSETS, LIABILITIES AND NET ASSETS - CASH BASIS JUNE 30, 1997 AND 1996 (See accompanying notes) LIABILITIES AND NET ASSETS 1997 LIABILITIES Payroll and sales taxes payable $ 14,823 Other payroll withholding 2,541 Amount payable on equipment - Capitalized lease obligation (Note 3) 11,516 Notes payable (Note 5) 151,332 President's Kennel Club (Note 4) - Spay and neuter deposits 15,030 TOTAL LIABILITIES 195,242 COMMITMENTS AND CONTINGENCIES (Note 9) NET ASSETS Unrestricted 905,122 Temporarily restricted (deficit) (196,014) TOTAL NET ASSETS 709,108 $ 12,237 7,897 4,058 14,484 125,278 1,000 21,640 186,594 853,731 (154,141) 699,590 TOTAL LIABILITIES AND NET ASSETS $_ 904,350 $ 886,184 - 2 - Gregory, Yorke & Lerias • C.P.A.'S 6- BUSINESS CONSULTANTS THE HUMANE SOCIETY OF POMONA VALLEY, INC. STATEMENTS OF SUPPORT, REVENUE AND EXPENSES - CASH BASIS YEARS ENDED JUNE 30, 1997 AND 1996 (See accompanying notes) 1997 1996 UNRESTRICTED NET ASSETS Support Individuals $ 7,321 $ 14,039 Donated services and materials 71,989 88,027 79,310 102,066 Revenue License fees 1,012,460 818,647 Animal control 996,231 1,013,537 Impound fees 88,814 92,668 Vaccinations 34,558 35,833 Adoption fees 58,832 57,990 Special events 120,840 142,905 Gain on investment 3,027 22,236 Other revenue 53,743 51,056 TEMPORARY RESTRICTED NET ASSETS 2,368,505 2,234,872 Expenses 9,518 110,121 Program services 2,323,634 2,058,827 Supporting services $ 709,108 $ 699,590 Management and general 69,745 116,395 Fund-raising 3,045 23,299 2,396,424 2,198,521 Cumulative effect of change in accounting principle - 3,822 INCREASE IN UNRESTRICTED NET ASSETS 51,391 142,239 TEMPORARILY RESTRICTED NET ASSETS Revenue Forfeited spay and neuter deposits 90,196 85,966 Expenses Salaries 58,646 42,632 Payroll taxes 5,036 3,777 Payroll overhead 9,183 4,881 Veterinary fees 59,204 65,000 Other expenses - 1,794 132,069 118,084 (DECREASE) IN TEMPORARY RESTRICTED NET ASSETS (41,873) (32,118) INCREASE IN NET ASSETS 9,518 110,121 NET ASSETS, BEGINNING 699,590 589,469 NET ASSETS, ENDING $ 709,108 $ 699,590 - 3 - Gregory, Yorke & Lerias • C.P.A.'S & BUSINESS CONSULTANTS THE HUMANE SOCIETY OF POMONA VALLEY, INC, STATEMENTS OF FUNCTIONAL EXPENSES -CASH BASIS YEAR ENDED JUNE 30, 1997 (see accompanying notes) Total in-kind expense P 71,989 0 0 71,989 88,027 -_--------_----------0 --------------------- ------ _--------------- ----------------- -- --- _--- _------------- ---------___-__-_--------------- _ $2,323,634 $69,745 $3,045 $2,396,424 $2,198,521 $1,969,814 M Program SeNices Supporting Service Management Fundraising 8 General 1997 Tolals (Memorandum Only) 1996 1995 Salaries Payroll Taxes $1,225,182 $ - $ - $1,225,182 $1,178,746 $1,114,745 Payroll overhead 105,690- 122,860 - 105 690 96,038 98,829 Feed - - 122,860 108,969 103,148 Supplies 14,576 - - 14,576 16,285 10,378 Vehicle expenses - 16,570 66,374 - - - - 16,570 66,374 9,758 67,561 6,526 62,900 Insurance 57.028 - - 57,028 63,119 56,219 Utilities Sheller maintenance and repairs 41,265 43,483 - - 41,265 52,105 50,964 Office maintenance and repairs 26,245 - - - - 43,483 26,245 23,349 17,215 17,108 3,498 Uniforms 5,992 5,9929,246 8,500 Office supplies and expenses 14,584 1,907 56 16,546 10,751 9,080 License supplies Advertising 34,327 - - 34,327 19,530 19,782 Legal and accounting 187 - - - 20,880 187 20,880 1,369 21,265 1,010 22,690 Postage 46,440 3,328 2,730 52,498 45,280 46,266 Dues and subscriptions 229 1,012 260 1,500 7,986 1,459 Cash (g e,)/shod - 1,031 - 1,031 731 (407) Field safety equipment 8.824 - - 8,824 5,869 11,078 Medical supplies 31,687 - - 31,687 27,250 21,743 Veterinary fees 33,653 - - 33,653 20,213 19,623 Disposal fees 19,365 - - 19,36516,587 14,964 In-service [raining Promotion 15,749 7,333 - 23,082 11,825 14,294 Pet supplies 24,151 - - 24,151 24,096 14,873 Employee relations 1,625 - - 1,625 5,694 6,065 Retirement contribution 32,365 11,490 - - - 11,490 32,365 7,863 21,318 7,204 29,423 Community awareness 14,387 - - 14,387 8,681 13,533 Projects 82,295 - - 82,295 57,178 52,518 Landlease 2,600 - - 2,600 2,500 2,400 Depreciation 117,734 - - 117,734 103,941 83,985 Vehicle communication Dispatch services 1T,184 - - 17,184 13,299 15,734 Interest expense 4,472 - - - 4,472 8,450 2.600 Investigation 22.,764 - 22,764 8,588 8,277 - - - 0 127 - Service contract 2,922 - - 2.922 2,029 Miscellaneous 21,603 --------------------- - - ------------------- _----------------------- 21,603 15,683 18,805 2,251,645 69,745 ----------------------- 3,045 2.,324,436 -------------- -------- -_ - 2,110,494 _---------- 1,969,814 In-kind service expense 33,065 33,065 16,026 - In-kind material expense 38,924 38,924 72.001 - Total in-kind expense P 71,989 0 0 71,989 88,027 -_--------_----------0 --------------------- ------ _--------------- ----------------- -- --- _--- _------------- ---------___-__-_--------------- _ $2,323,634 $69,745 $3,045 $2,396,424 $2,198,521 $1,969,814 M THE HUMANE SOCIETY OF POMONA VALLEY, INC. NOTES TO FINANCIAL STATEMENTS JUNE 30, 1997 AND 1996 Note 1. Summary of Significant Accounting Policies (a) Nature of activities --The Humane Society of Pomona Valley, Inc. (the Society) is engaged in the prevention of cruelty to animals, the operation of a shelter for stray, homeless, sick and injured animals, and in the education of the general public in the care and treatment of animals. The SPCA designation after the Society's dba stands for Society for the Prevention of Cruelty to Animals. The Society has contractual agreements with the cities of Pomona, Claremont, La Verne, San Dimas, Chino, Montclair, Diamond Bar, Ontario, and Chino Hills to provide these services. The Society's primary source of revenue is derived from contractual agreements with cities to provide animal control services and fees from licensing of animals. (b) Basis of accounting --The Society's policy is to prepare its financial statements on the cash basis of accounting which is a comprehensive basis of accounting other than generally accepted accounting principles. Under this method of accounting, certain revenue and the related assets are recognized when received rather than when earned, and certain expenses are recognized when paid rather than when the obligation is incurred. Depre- ciation of property and equipment is provided for. (c) Donated services and materials --During the year ended June 30, 1997, the value of donated services and materials meeting the requirements for recognition in the financial statements was $71,989. The amount for the year ended June 30, 1996 was $88,027. The value of donated materials was determined by the fair market value at the time of donation. The value of donated services was determined by the amount that could have been paid to someone if the service was not donated. The Society reports donated services and materials expended equal to the amount received during the year. (d) Estimates --The preparation of financial statements in conformity with the method of accounting described in Note 1(b) above requires management to make estimates and assumptions that affect certain reported amounts and disclosures. Accordingly, actual results could differ from those estimates. (e) Property, plant and equipment --Assets capitalized are recorded at cost. Donated assets are recorded at the estimated fair market value at the date of donation. Depreciation is computed using the straight-line method - 5 - Gregory, Yorke & Lerias • C.P.A.'s & BUSINESS CONSULTANTS THE HUMANE SOCIETY OF POMONA VALLEY, INC. NOTES TO FINANCIAL STATEMENTS (CONT'D) JUNE 30, 1997 AND 1996 Note 1. Summary of Significant Accounting Policies (Cont'd) based on the estimated useful lives as follows: Years Building and improvements 40 Leasehold and land improvements 20 Equipment & kennel equipment 3 - 10 Vehicles 3 Furniture and fixtures 10 Office equipment 10 Computer equipment 6 Total depreciation expense for the years ended June 30 was $117,734 in 1997 and $103,941 in 1996. Renewals and betterments that materially extend the life of an asset are capitalized. (f) Financial statement presentation --In the fiscal year ended June 30, 1996, the Society elected to adopt Statement of Financial Accounting Standards (SFAS) No. 117, "Financial Statements of Not -for -Profit Organizations". Under SFAS No. 117, the Society is required to report information regarding its assets, liabilities and net assets, and support, revenue and expenses according to three classes of net assets: unrestricted net assets, temporarily restricted net assets, and permanentlyrestricted net assets. As permitted by this new statement, the Society has discontinued its use of fund accounting and has, accordingly, reclassified its financial statements to present the three classes of net assets required. (g) Forfeited spay and neuter deposits (a temporarily restricted account) --The Society requires a deposit on all registered cats and dogs yet to be spayed or neutered. This deposit is refundable upon proof by the owner that the pet has been altered. All spay and neuter deposits which remain unclaimed after the expiration date of such deposits are forfeited and available to spend only on items directly related to animal population control. This treatment is required under Food and Agricultural Code Sections 30503 and 31751. The revenue from the forfeited deposits and appropriate expenditures are shown as a separate component of revenue and expense under temporarily restricted fund. (h) Fair values of financial instruments --The following methods and assumptions were used by the Society in estimating its fair value disclosures for financial - 6 - Gregoq, Yorke & Lerias • C.P.A.'s 67 BUSINESS CONSULTANTS THE HUMANE SOCIETY OF POMONA VALLEY, INC. NOTES TO FINANCIAL STATEMENTS (CONT'D) JUNE 30, 1997 AND 1996 Note 1. Summary of Significant Accounting Policies (Cont'd) ' instruments: Cash, employee receivables and short-term investments: The carrying amounts reported in the statement. of assets, liabilities and net assets - cash basis, approximate fair values because of the short maturities of those instruments. Long-term debt and obligation: The fair value of the various notes and capitalized lease obligation payable to financial institutions with fixed interest rates is based on its carrying amount. i (i) Income taxes --No provision for income taxes has been made i since the Society is a not-for-profit, tax-exempt organization under Internal Revenue Service Code Section 501 (c) (3) . Note 2. Short -Term Investments The Society elected to adopt SFAS No. 124, "Accounting for Certain Investments Held by Not -for -Profit Organizations," in the fiscal year ended June 30, 1996. Under SFAS No. 124, investments in marketable securities with readily determin- able fair values are reported at their fair values in the statement of assets, liabilities and net assets. Unrealized gains and losses are included in the change in net assets. The unrealized holding gain on investments which is included in the Gain on Investment in the Statement of Support, Revenue and Expenses is $5,055 for the year ended June 30, 1997 and $20,090 for 1996. The Society's short-term investments, held for trading, include excess funds invested by the Society and shares of stock received as a donation. 1997 1996 Merrill Lynch and American Express: (FMV) (FMV) Money Market Fund; maturity date is indefinite $ 5,316 $ 634 Marketable securities portfolio, maturity date is indefinite 112,714 136,041 $118,030 $136,675 At cost 112,975 112,017 Unrealized holding gain 5,055 20,090 Cumulative effect of change in accounting principle - 3,822 Realized holding gain - 746 $118,030 $136,675 7 - Gregory, Yorke &Lerias • C.P.A.s c! BUSINESS CONSULTANTS THE HUMANE SOCIETY OF POMONA VALLEY, INC. NOTES TO FINANCIAL STATEMENTS (CONT'D) JUNE 30, 1997 AND 1996 Note 3. Lease Oblicrations a) In 1985, the Society entered into a five-year agreement with the Los Angeles County Sanitation District No. 21 to use certain District property as a parking area in conjunction with its humane education activities." Such use must not adversely affect the operations of the District. The Society is responsible for all taxes, assessments, levies and other charges upon or against its interest in the site or any improvements erected thereon. In 1986, the lease was extended until the year 2000. Annual lease payments of $2,600 and $2,500 were made in 1997 and 1996, respectively. The annual lease payment will increase by $100 each year. b) The Society leases an automobile and several equipment under one capitalized lease and various operating leases. The leases expire at various dates through 2002. Rental expense under these leases was $19,198 for the year ended in 1997. The following is a schedule of future minimum lease payments under the above lease agreements as of June 30: 1998 $20,393 1999 2000 20,493 2001 20,593 Later Years 16,791 7,301 Totals $85,571 Included in the above obligations is one capitalized lease for office equipment as follows: Gross amount of asset $17,464 Accumulated amortization 3,637 Net book value $13,827 Capitalized lease obligation $11,516 Note 4. President's Kennel Club a tem oraril restricted account In 1987, the Society established an endowment fund called the President's Kennel Club (PKC). Members of the PKC donate $1,000 and receive a five-year membership to the Club. The funds are to be used for the maintenance and upgrading of the facilities in which the animals are housed. The principal amount is restricted for five years. The interest may be used when earned. In fiscal year ending June 30, 1997, the remaining balance of $1,000 became available. - 8 - Gregory, Yorke & Lerins • C.P.A.'s & BUSINESS CONSULTANTS I Note 5 THE HUMANE SOCIETY OF POMONA VALLEY, INC. NOTES TO FINANCIAL STATEMENTS (CONT'D) JUNE 30, 1997 AND 1996 Notes Payable (a) Line of credit with a bank up to $75,000, unsecured, with interest at 2% over the bank's prime rate. Interest rate at June 1997 was 10.750 1996 1995 $ 75,000 $ 75,000 (b) Notes payable to financial institutions, collateralized by the assets purchased, payable monthly at $2,096 in 1997, and $1,133 in 1996, including principal and interest 59,500 15,584 I (c) Notes payable to a bank, collat- eralized by the assets purchased, payable monthly at $1,960 in 1997 and $2,396 in 1996, including principal and interest 16,832 34,694 $151,332 $125,278 Aggregate maturities of notes payable as of June 30, 1997 are as follows: Fiscal Year Ended Amount 1998 $112,373 1999 19,278 2000 16,713 2001 2,968 $151,332 Note 6. Mineral Ricrhts. The Society received, as a bequest, a fractional interest in all oil and mineral rights within a section of land in the County of San Bernardino, California. A nominal sum of $1 has been assigned to this interest since no other value for this right has been ascertained. Note 7. Easement In 1984, the Society was granted authority by the City of Pomona to use certain City property for its parking and access needs in connection with the expansion of its facilities. The authority contains the restriction that such usage will not encumber the City's ultimate use of the property. The Society has constructed a retaining wall, fence and pavement on this property which may have to be removed at some time in the future if the City needs to use this land for its own purpose. - 9 - Gregory, Yorke &Lerias • C.P.A.s &BUSINESS CONSULTANTS THE HUMANE SOCIETY OF POMONA VALLEY, INC. NOTES TO FINANCIAL STATEMENTS (CONT'D) JUNE 30, 1997 AND 1996 Note 8. Employee Retirement Plan The Society is sponsoring a tax-sheltered annuity program under Internal Revenue Service Code Sec. 403(b) for all its employees. The Society matches the employees' contributions to the program up to 50 of each employee's compensation. For years ended June 30, this contribution was $32,365 in 1997 and $21,318 in 1996. Note 9. Commitments and Contingencies a) The land occupied by the Society was deeded to it in two separate parcels by the City of Pomona. The City may be entitled to reacquire these parcels for nominal consideration if the Society should cease to operate or if certain other events should transpire. The City contends that the land occupied by the Society will revert back to the City if the Society should cease to provide animal control services to the City of Pomona. The parties have yet to resolve issues relative to the ownership and other interest in the land. The Society and its legal counsel believe that the Society's interest in the land will not terminate even if services to the City terminate. b) The Society entered into a contract with a veterinarian to provide spay and neutering services in connection with the Society's adoption program. It covers up to 2,000 spay and neuter operations per contract year, with an additional fee due for each additional operation performed. The contract was renewed in February, 1997. The total payment was $59,204 in 1997 and $65,000 in 1996. c) In 1982, the Board of Directors approved a resolution to provide health insurance coverage for life to any employee and his/her spouse who has served the Society for more than twenty-five years. Present rates for this type of plan would cost approximately $262 per month. As of the financial statement date, the Society is providing coverage for one former employee and spouse. It will be one year before the Society has another employee eligible for lifetime coverage. Note 10. Reclassifications Certain 1996 amounts have been reclassified to conform with 1997 classifications. Such reclassifications had no effect on reported increase in net assets. - 10 - Gregory, Yorke & Lerias • C.P.A.'s r ' BUSINESS CONSULTANTS N w .7 7 C 1177 NORTH PARK AVENUE POMONA, CALIFORNIA 91768 TEL:9o9.623-6641 800•644-o696 FAx:9o9.620-0947 email: gylcpa®aol.com TZ "Your Success Is Our Destination" The Board of Directors The Humane Society of Pomona Valley, Inc. RICHARD E. YORKE M.B.A., C.P.A JOAN LERIAS C.P.A. Our examination of the basic financial statements of The Humane Society of Pomona Valley, Inc., dba The Humane Society of Pomona Valley & S.P.C.A., in the preceding section of this report was made primarily to form an opinion on such financial statements taken as a whole. The supplementary information, Schedule of Revenue and Disbursements by Function for the year ended June 30, 1997 and Schedule of Revenue for the years ended June 30, 1997, 1996 and 1995, contained in the following pages are presented for purposes of additional analysis and are not the required parts of the basic financial statements. Such information, except for the allocation of revenue and disbursements between animal control and humane functions on which we express no opinion, has been subjected to auditing procedures applied in the examination of the basic financial statements; in our opinion, the supplementary information is fairly stated in all material respects in relation to the basic financial statements .taken as a whole. i October 30, 1997 Pomona, California [I C i THE HUMANE SOCIETY OF POMONA VALLEY, INC. SCHEDULE OF REVENUE AND DISBURSEMENTS BY FUNCTION YEAR ENDED JUNE 30, 1997 (Continued) - 12 - Gregory, Yorke & Lerias • CTA.'s ', BUSINESS CONSULTANTS Animal Humane Control Activities Total REVENUE License fees $1,012,460 $ - $1,012,460 Animal control 996,231 - 996,231 Impound fees 88,814 - 88,814 Disposal fees 1,690 - 1,690. Vaccinations - 34,558 34,558 Adoption fees - 58,832 58,832 Ambulance fees 11,804 - 11,804 Contributions - 7,321 7,321 Forfeited spay and neuter deposits - 90,196 90,196 Investment income 4,732 4,732 9,464 Cat tags - - _ Trap rental 1,370 - 1,370 Court fines 517 - 517 Wills and bequests - 4,640 4,640 Special animal permits 325 - 325 Veterinarian fees 2,055 - 2,055 Pet supply income - 11,842 11,842 Projects - 120,840 120,840 Miscellaneous - 11,839 11,839 2,119,998 344,800 2,464,798 DISBURSEMENTS Salaries 1,183,181 100,645 1,283,826 Payroll taxes 102,046 8,680 110,726 Payroll overhead 121,691 10,351 132,042 Feed 13,555 1,021 14,576 Supplies 15,410 1,160 16,570 Vehicle expenses 66,374 - 66,374 Insurance 53,036 3,992 57,028 Utilities 38,376 2,889 41,265 Shelter maintenance and repairs 40,439 3,044 43,483 Office maintenance and repairs 24,408 1,837 26,245 Uniforms 5,573 419 5,992 Office supplies and expenses 15,388 1,158 16,546 License supplies 34,327 - 34,327 Advertising 174 13 187 Accounting fees 11,885 895 12,780 Legal fees 7,533 567 8,100 Postage 48,823 3,675 52,498 Dues and subscriptions 1,395 105 1,500 Cash .(over)/short 516 515 1,031 Field safety equipment 8,824 - 8,824 Medical supplies 15,844 15,843 31,687 Veterinary fees 33,653 59,204 92,857 Disposal fees 18,009 1,356 19,365 (Continued) - 12 - Gregory, Yorke & Lerias • CTA.'s ', BUSINESS CONSULTANTS AV THE HUMANE SOCIETY OF POMONA VALLEY, INC. SCHEDULE OF REVENUE AND DISBURSEMENTS BY FUNCTION (CONT'D) YEAR ENDED JUNE 30, 1997 DISBURSEMENTS (CONT'D) In-service training Promotion Pet supplies F Employee relations Retirement contribution Community awareness Projects - Land lease Vehicle communication Dispatch services Interest expense Investigation Service contract Miscellaneous Excess of revenue over disbursements before loan payments and proceeds from dispositions Borrowings from line of credit Principal payments on loans Purchase of securities F Proceeds from disposition of securities >: Excess of revenue over disbursements Animal Humane Control Activities Total $ 21,466 $ 1,616 $ 23,082 12,07 6 12,075 24,151 - 1,625 1,625 10,686 804 11,490 30,099 2,266 32,365 7,194 7,193 14,387 - 82,295 82,295 2,416 182 2,600 17,184 - 17,184 4,472 - 4,472 21,171 1,594 22,765 2,922 - 2,922 20,091 1,512 21,603 2,010,239 328,531 2,338,770 109,759 16,269 126,028 75,000 - 75,000 (43,633) (4,506) (48,139) (53,811) (53,812) (107,623) 74,759 74,759 149,518 $ 162,074 $ 32,710 $ 194,784 - 13 - Gregory, Yorke f5' Lerias • C.P.A.'s 6 BUSINESS CONSULTANTS K e t�9� <sa fi� THE HUMANE SOCIETY OF POMONA VALLEY, INC. SCHEDULE OF REVENUE YEARS ENDED JUNE 30, 1997, 1996, 1995 y 1997 1996 1945 -14- Gregory, Yorke V'Ltriat • C.P.A.'s c BUSINESS CONSULTANTS License fees $1,012,460 $ 818,647 $685,428 Animal control 996,231 1,013,537 934,944 Impound fees 88,814 92,667 90,165 Disposal fees 1,690 1,300 1,155 • Vaccinations 34,558 35,833 38,838 Adoption fees 58,832 57,990 65,229 Ambulance fees 11,804 9,839 12,170 Contributions 7,321 14,039 12,311 r Forfeited spay and • neuter deposit 90,196 85,966 95,427 Investment income 9,469 7,150 7,043 Cat tags _ i Trap rental 1,370 - 330 5 86 Court fines 517 669 628 Wills and bequests 4,640 Special animal permits 325 - 200 9,508 Veterinarian fees 2,055 1,233 150 2,736 Pet supply income 11,842 15,069 16,414 Projects Realized and unrealized 1 20,84) 142,905 102,679 gain on investments 3,027 22,236 4,456 In-kind revenue 71,989 88,027 - Miscellaneous 10,037 19,090 (4,023) $2,538,012 $2,426,726 $2,075,349 -14- Gregory, Yorke V'Ltriat • C.P.A.'s c BUSINESS CONSULTANTS F •Yr GLENN R. WATOON ROBERT G. GEVVRLY HARRY L GERSHON DOUGLAS W. ARGUE MARK L LAMIQN ERWIN E ADLER DAROLD O. F!E!ER ALLEN E RENNETT STEVEN L DORSEY WILLIAM L ETRAL O . ANTHONY ILDREMR Y 'MITCHELL E. AMOTT TIMOTHY L NEUFELD GREGORY W. STRI-ANIGICH ROCHELL[ EROVVM MICHAEL JENKNG WIUAAM 8. RUDELL OUINN M. GARROW CAROL W. LYNCH JEFFREY A PAWN GREGORY M. KUNERT THOMAS M. JIMSO MICHELE MEAL GACLNERIS AMANDA r. s essoNo ROBERT C. CECCON SAYRE WEAVER STEVEN H. KAUFMANN GARY E. CLANS JOHN J. HARKS KMVIN 0. ENNIO ROMN o. HARFYO MICHAEL ESTFIADA C LAURENE O. WIENER SEVEN R. ORR 5 KICHAAEL O. OOLANTUONO O. TIL DEN MM C. EDWARD DILIOBS PE1ER M. THOPMION MENOA L OIMDE}9C.HS JAMES L MARIMAN OEGORAH R HARMAN RUMW O. weMleR SAMOA T. ASAMURA KAV9ER 0. ELME SAULJAPPE CAMS A. STEEL.E T. PETER PKIIC! DAVID ROO@W D1INI" WILLIAM P. CURLY 91 0. CRAM PM LYNN 1. INAR A JANET G. COLJ INON TERINGE R GOGA— DANIEL L PINES LIM GOND DIANE ARKOW DROSS ROY A. CLAIYOE + ROOLAPOM M. CMZ MAIEGIL S. MMOMIA ROSERT A. SAUMMkA ERIKA M. PLGMINS OLMA WA4WEN SUAN AMY W. CHINCL PATRICIA K OUVER SANDRA L M9OON000H 04AGRRL K COY MATTHEW O. MITCHELL PAULA GLTERRQ SAEZA RICHARDS, WATSON & GERSHON ATTORNEYS AT LAW A ► 40FIS010N11L OORrORKT10N THIRTY-EIGHTH FLOOR 333 SOUTH HOPE STREET LOS ANGELES, CALIFORNIA 90071-1468 (213) 626-8+84 FACSIMILE (213) e2&W78 January 6, 1999 Terence L. Belanger City Manager City of Diamond Bar 21660 East Copley Drive Diamond Bar, California 91765-4177 RICHARD RICHARDS (19161999) BAN FRANCISCO OFFICE SUITE 060 FORTY-FOUR MONTC11OMERY STREET SAN FRANCISCO, CALIFORNIA 94104.4611 (416) 421-0454 FAC84MILE (416) 42141496 ORANGE COUNTY OFFICE NUMBER ONE CIVIC CENTER CIRCLE SREA, CALJFORNIA 92921 (7.14) 9000901 FACSIMILE (714) 99042" Re: Duties and Liabilities of Animal Pounds and Shelters Dear Mr. Belanger: OF COUNSEL WILLIAM K KRAMER 1391088.db OUR FILE NUMBER 10572-00001 The purpose of this letter is to inform you of new legislation affecting the duties and liabilities of animal pounds and shelters. Although the City itself does not perform animal control services, Michael thought you would be interested in learning of these changes because they could impact future contract negotiations. The statute, S.B. 1785 (Hayden), revises the Civil Code, Food and Agricultural Code and Penal Code. A summary of the major elements of the law is set forth below. Unless otherwise indicated, the new provisions became effective on January 1st. SUKKARY OF S.B. 1785 1. Declaration of Anti -Euthanasia Policy S.B. 1785 recites several findings and declarations of the Legislature concerning adoptable and treatable animals. These include, among other things, a statement that shelters and humane groups should work together to end euthanasia of such animals by 2010. The statute also codifies the State's policy against euthanizing adoptable and treatable animals by adding a new Section 1834.4 to the Civil Code, a new Section 17005 to the Food and Agricultural Code and a new Section 599d to the Penal Code. RICHARDS. WATSON & GER.SHON Terence L. Belanger, City Manager January 6, 1999 Page 2 2. Depositary Responsibilities Civil Code Section 1813 et sea. regulates the rights and duties of persons who act as a "depositary" of the property of another. These -statutes address a variety of matters including the creation of a deposit,' the duty of care required of the depositary and the compensation payable to the depositary. S.B. 1785 amends these provisions to specify the responsibilities of persons and entities that hold stray live animals belonging to another. As to the creation of a deposit, S.B. 1785 revises the definition of "involuntary deposit" set forth in Civil Code Section 1815. Currently, Section 1815 provides that an involuntary deposit is made by either (i) an owner's accidental and non -negligent leaving or placing of personal property in the possession of another person; or (ii) an owner's commitment of personal property to the care of another person out of necessity due to an extraordinary emergency. The statute amends this provision so that an involuntary deposit is created by "the delivery to, or pick up by, and the holding of, a stray live animal by any person, or public or private entity." Regarding the duty of care, S.B. 1785 both imposes new obligations and establishes a new ground for liability. For example, Civil Code Section 1834 currently mandates that depositaries of live animals shall "provide them with suitable food and shelter, and treat them kindly." The statute revises this provision to require such depositaries to "provide the animals with necessary and prompt veterinary care, nutrition, and shelter, and treat them kindly." (Emphasis added). Moreover, the statute makes failure to perform these duties a basis of liability for civil damages. As another example, Civil Code Section 1846 concerns the degree of care required of a "gratuitous depositary." A "gratuitous deposit" is a deposit for which the depositary receives no consideration beyond the mere possession of the.thing deposited, and this term includes involuntary deposits. Section 1846 presently requires a gratuitous depositary to use, at least, "slight care" for the preservation of the thing deposited. The statute amends Section 1846 to require gratuitous depositaries of living animals to do all of the following: (i) provide the animal with necessary and prompt veterinary care, adequate nutrition and Water, and shelter; (ii) treat the animal humanely; and (iii) if the animal has any identification, make reasonable attempts to notify the owner of the animal's location. (Emphasis added). RICHARDS, WATSON & GERSHON Terence L. Belanger, City Manager January 6, 1999 Page 3 S.B. 1785 also revises the existing law governing termination of gratuitous depositary duties. Civil Code Section 1847 currently states that such duties cease upon either of the following occurrences: (i) restoration of the thing deposited to its owner; or (ii) the owner failing to remove the -thing deposited within.a reasonable time after being given reasonable notice to do so. The statute amends this provision so that the second criteria is inapplicable to "a public pound, a shelter .. operated by a society for the prevention of cruelty to animals, or a humane shelter." Instead, the statute mandates that the duty of care owed by a public pound or private shelter continues until the establishment is lawfully relieved of responsibility for the animal. Finally, as to the issue of depositary compensation, S.B. 1785 creates an exemption to the existing rule. Civil Code Section 1845 currently provides that an involuntary depositary is entitled to no reward. The statute amends this provision to provide that involuntary depositaries of live animals may accept advertised rewards or rewards freely offered by the owner of the animal. 3. Exemptions From Hold Requirement S.B. 1785 adds a new Section 17006 to the Food and Agricultural Code to establish certain exemptions to the requirement that an animal be held for owner redemption or adoption. In particular, the statute provides that holding is not required for animals that are "irremediably suffering from a serious illness or severe injury." The statute also authorizes euthanasia, without holding, of newborn animals that need maternal care and have been impounded without their mothers.* 4. Dog and Cat Holding Period Food and Agricultural Code Sections 31108 and 31752 address, respectively, the required holding period for impounded dogs and cats. These provisions currently forbid killing an impounded dog or cat until 72 hours have elapsed from the seizure of the animal. This prohibition does not apply to cats that are severely injured, seriously ill or newborn and unable to feed themselves. Effective July 1, 1999, S.B. 1785 amends Sections 31108 and 31752 to establish a longer holding requirement for impounded dogs and cats. Specifically, the statute mandates that such animals shall be held for six business days, not including the day of impoundment. However, this six-day holding period requirement does not apply to a pound and shelter that either: RICHARDS, WATSON & GERSHON Terence L. Belanger, City Manager January 6, 1999 Page 4 (i) has made the dog or cat available for owner redemption on one weekday evening until at least 7:00 p.m. or one weekend day; or (ii) has fewer than three full-time employees or is not open during all regular weekday business hours and has established a procedure to enable owners to reclaim their dogs or cats by appointment at a mutually agreeable time when the pound or shelter would otherwise be closed. Pounds and shelters meeting either of the above criteria must hold impounded dogs and cats for four business days, not including the day of impoundment. The statute further specifies that an impounded dog or cat shall be held for owner redemption during the first three days of the holding period, not including the day of impoundment. Thereafter, the animal shall be available for owner redemption or adoption for the remainder of ,the holding period. S.B. 1785 also revises Sections 31108 and 31752 to establish a new requirement for the release of impounded cats and dogs in certain circumstances. In particular, the statute declares that, prior to killing an impounded dog or cat, pounds and shelters must release the animal to a nonprofit animal rescue or adoption organization that requests such release prior to the scheduled killing. This requirement does not apply to the killing of an animal due to irremediable suffering. Additionally, the statute authorizes pounds and shelters to assess a fee for animals released, as well as any required spay or neuter deposit. However, the amount of the fee cannot exceed the standard adoption fee. 5. Feral Cats S.B. 1785 adds a new Section 31752.5 to the Food and Agricultural Code to address the problem of feral cats. As defined by the statute, the term "feral cat" refers to "a cat without owner identification of any kind whose usual and consistent temperament is extreme fear and resistance to contact with people." The statute requires qualified shelter personnel to verify the temperament, whether feral or tame, of apparently feral cats that have not been reclaimed by an owner or caretaker within the first three days of the required holding period. Any cat that is determined to be truly feral may be euthanized or relinquished to a nonprofit animal adoption organization that agrees to the spaying or neutering of the cat if such is necessary. Otherwise, the cat must be held for the entire required holding period. The statute also allows pounds and RICHARDS, WATSON & GERSHON Terence L. Belanger, City Manager January 6, 1999 Page 5 shelters to assess a fee, not exceeding their standard adoption fee, for released feral cats. 6. Holding Period for Miscellaneous Animals S.B. 1785 adds a new Section 31753 to the Food and Agricultural Code to impose a holding requirement for any impounded "rabbit, guinea pig, hamster, pot-bellied pig, bird, lizard, snake, turtle, or tortoise legally allowed as personal property." The statute mandates that public and private shelters shall afford such animals the same holding period, care and opportunities for redemption and adoption as cats and dogs. The statute also requires release of these animals, prior to killing, to any nonprofit animal rescue or adoption organization that requests such release prior to the scheduled killing. As with impounded dogs and cats, the pound or shelter may assess a fee, not exceeding the standard adoption fee, for releasing the animal. 7. Holding Period for Owner -Relinquished Animals Effective July 1, 1999, S.B. 1785 adds a new Section 31754 to the Food and Agricultural Code to impose a holding requirement for owner -relinquished animals that are of a species impounded by pounds or shelters. The statute mandates that such animals shall be held for two full business days, not including the day of impoundment. The statute further provides that the animal shall be available for owner redemption on the first day, not including the day of impoundment, and shall be available for owner redemption or adoption on the second day. After the second required day, the animal may be held longer, killed or relinquished to a nonprofit animal adoption organization under the same conditions and circumstances applicable for stray dogs and cats. This holding requirement becomes inoperative on July 1, 2001 and is repealed as of January 1, 2002 unless the Legislature deletes or extends these dates. Effective July 1, 2001, S.B. 1785 revises Section 31754 to impose a longer holding requirement for owner -relinquished animals that are of a species impounded by pounds or shelters. As revised, this provision mandates that such animals shall be held for the same holding periods, and with the same care requirements, as applicable for stray dogs and cats. However, the statute provides that the period for owner redemption -shall be one day, not including the day of impoundment, and the period for owner redemption or adoption shall be the remainder of the holding period. R CHARDS, WATSON & GERSHON Terence L. Belanger, City Manager January 6, 1999 Page 6 8. Lost and Found Information Food and Agricultural Code Section 32001 addresses the lost and found information that must be provided by public pounds and private shelters that contract with animal control agencies. Section 32001 presently declares that such entities "shall" provide the owners of lost animals, and those who find lost animals, with all of the following: (i) ability to list the animal on a "Lost and Found" list maintained by the pound or shelter; (ii) referrals to listed animals that may be the animals the owners or finders have lost or found; (iii) telephone numbers and addresses of other pounds and shelters in the same vicinity; (iv) advice as to means of publishing and disseminating information regarding lost animals; and (v) telephone numbers and addresses of volunteer groups that may be of assistance in locating lost animals. Section 32001 further states, however, that violation of the above requirement is not a misdemeanor. This provision also declares that it does not impose a mandatory duty and that it does not create a cause of action for damages. S.B. 1785 amends Section.32001 to eliminate the protections afforded for noncompliance. In particular, the statute revises Section 32001 to declare that the imposed duties are mandatory. The statute also deletes the statement that violation is not a misdemeanor and, therefore, creates a possibility that failure to comply will be grounds for criminal. prosecution.. 9. Recordkeeping S.B. 1785 adds a new Section 32003 to the Food and Agricultural Code to impose certain recordkeeping requirements on public pounds and private shelters. Specifically, the statute requires all such institutions to keep accurate records of the following: (i) date of, and circumstances under which, each animal is taken up, medically treated, euthanized or impounded; (ii) names of the personnel who took up, medically treated, euthanized or impounded each animal; and (iii) a description of any medical treatment provided to each animal and the name of the veterinarian of record. Additionally, pounds and shelters must maintain any other information required by the California Veterinary Medical Board. RICHARDS, WATSON & GERSHON Terence L. Belanger, City Manager January 6, 1999 Page 7 10. Responsibilities of Animal Control Officers and Agencies Penal,Code Section 597.1 addresses, among other things, the powers and duties of local animal control officers. In„brief, this provision regulates the seizure and disposition of stray, sick and injured animals. Currently, Section 597.1 is only operative within public agencies that by ordinance or resolution determine that: (i) the provision shall be operative in their jurisdiction; and (ii) Penal Code Section 587f shall not be operative. S.B. 1785 amends Section 597.1 to delete this clause making operation of the provision contingent on public agency action. Thus, the statute makes Section 597.1 universally applicable. S.B. 1785 also amends Section 597.1 to establish several new duties for peace officers, humane society officers and animal control officers. In particular, S.B. 1785 requires such personnel to "use all currently acceptable methods of identification, both electronic and otherwise, to determine the lawful owner or caretaker of any seized or impounded animal." Officers also must make reasonable efforts to notify the owner or caretaker of the animal's whereabouts and any procedures available for its lawful recovery. The statute further requires recordation and maintenance of (i) efforts to locate or contact an animal's owner or caretaker; and (ii) communications with persons claiming to be the owner or caretaker. These records must be made available for public inspection. Finally, S.B. 175 imposes a new duty on animal control agencies. Specifically, the statute requires such institutions to keep records of the whereabouts of injured cats and dogs that are found in a public place and taken to a veterinarian. The records are to be "for a 72 -hour period from the time of possession" and must be available for inspection by the public on request. CONCLUSION Unfortunately, S.B. 1785 imposes a variety of new duties on pounds and shelters, as well as establishes new grounds for liability. On the positive side, however, pursuant to Section 22 of the statute, reimbursement must be made to local agencies if the Commission on State Mandates determines that the act contains costs mandated by the State. RICHARDS, WATSON & GERSHON Terence L. Belanger, City Manager January 6, 1999 Page 8 Please do not hesitate to contact Michael or me if you have any questions about this new law. Very truly yours, Terence R. Boga TRB:trb cc: Michael Jenkins, City Attorney 1391088.db CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. `6 �-J TO: Terrence L. Belanger, City Manager MEETING DATE: January 19, 1999 .16REPORT DATE: January 19, 1999 FROM: Linda G. Magnusorv,Assistant Finance Director TITLE: A resolution of the City Council of the City of Diamond Bar amending Resolution No. 91-72D , prescribing a method of drawing warrants and checks upon City funds. SUMMARY: Resolution No. 91-72C, authorized the Mayor, City Treasurer and the Assistant Finance Director to sign City warrants and checks. Resolution No. 91-72D changes the position of Assistant Finance Director to Finance Director as an authorized signer of warrants and checks. RECOMMENDATION: It is recommended that the City Council approve Resolution No. 91-72D. LIST OF ATTACHMENTS: _ Staff Report _ Resolution(s) _ Ordinance(s) Agreement(s) FXTF.RNAL 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 REYIjEWED BY: / /_� -4�— :Ll errence L. Belanger Linda G. Magn4son City Manager Assistant Finance Director CITY COUNCIL REPORT AGENDA NO. MEETING DATE: January 19, 1999 TO: Honorable Mayor and Members of the City Council FROM: City Manager SUBJECT: Resolution 91-72D - A resolution of the City Council of the City of Diamond Bar amending Resolution 91-72C, prescribing a method of drawing warrants and checks upon City funds. SUMMARY: Resolution No. 91-72C, authorized the Mayor, City Treasurer and the Assistant Finance Director to sign City warrants and checks. Pending the approval of the Finance Department reorganization, Resolution No. 91-72D deletes the position of Assistant Finance Director and adds Finance Director as an authorized signer of City warrants and checks. RECOMMENDATION: It is recommended that the City Council approve Resolution 91-72D. 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. If the Finance Department reorganization is approved and the Assistant Finance Director is reclassed to Finance Director, the method of drawing warrants and checks upon City funds has to be amended to reflect the new position. PREPARED BY: Linda G. Magnuson RESOLUTION NO. 91-72D A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING RESOLUTION NO. 91-72C PRESCRIBING A METHOD OF DRAWING WARRANTS AND CHECKS UPON CITY FUNDS (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. 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. Finance Director 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 , 1999. 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 , 1999, by the following vote: AYES: COUNCILMEMBER: NOES: COUNCILMEMBER: ABSENT: COUNCILMEMBER: ABSTAINED: COUNCILMEMBER: LYNDA BURGESS, City Clerk City of Diamond Bar CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Honorable Mayor and Members of the City Council MEETING DATE: January 19, 1999 REPORT DATE: January 12, 1999 FROM: Terrence L. Belanger, City Manager TITLE: Consideration of a Policy to Install Spanner Banners SUMMARY: The City of Diamond Bar currently utilizes vertical banners posted on utility poles to advertise community events such as Concerts in the Park and the City Anniversary Celebration. At its meeting on June 25, 1998, the Parks and Recreation Commission reviewed the effectiveness of this type of advertising. Their conclusion was that the vertical banners are not large enough to be read, and, therefore, are an ineffective method to advertise community events. The Commissioners noted that other cities in the area utilize banners that span the boulevard (therefore, the term "spanner" banner), and that these are much easier to read. The Commission then voted to recommend to the City Council the installation of four (4) sets of poles on which to post spanner banners to advertise community events. If a policy to install spanner banners is approved, it is requested that the City Council direct staff to release an RFP to obtain an engineer to design plans and specifications. It is further requested that the City Council direct staff to develop policies regarding the utilization of spanner banners in Diamond Bar. RECOMMENDATION: It is recommended by the Parks and Recreation Commission that the City Council approve a policy to install spanner banners in Diamond Bar. It is further recommended that the City Council direct staff to (a) Release an RFP to obtain an engineer to design plans and specifications and to (b) Develop policies regarding the utilization of spanner banners in Diamond Bar. LIST OF ATTACHMENTS: X Staff Report _Public Hearing Notification Resolution(s) _ Bid Specification Ordinance(s) XOther: Parks and Recreation Agreement(s) Minutes for 6/25/98 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 vote? X Yes —No 3. Has environmental impact been assessed? N/A _ Yes —No 4. Has the report been reviewed by a Commission? X Yes —No Which Commission? Parks and Recreation Commission 5. Are other departments affected by the report? REVIEWEDB l G Terrence L. Belanger James DeStefano City Manager Deputy City Manager Yes X No Director of Community Services CITY COUNCIL REPORT AGENDA NO. MEETING DATE: January 19, 1999 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Consideration of a Policy to Install Spanner Banners. ISSUE STATEMENT: Shall the City Council approve a policy to install Spanner Banners in Diamond Bar? RECOMMENDATION: It is recommended by the Parks and Recreation Commission that the City Council approve a policy to install spanner banners in Diamond Bar. It is further recommended that the City Council direct staff to (a) Release an RFP to obtain an engineer to design plans and specifications and to (b) Develop policies regarding the utilization of spanner banners in Diamond Bar. FINANCIAL SUMMARY: If the City were to install spanner banners, the City will be required to provide for the following: Contract with an engineer to design plans and specifications ($10,000); Install a minimum of two (2) banner poles per site ($20,000); Purchase banners ($250-$350) and; Contract with a firm to install the banners ($150-$250). These costs are not included in the FY 1998/99 budget. The City will be required to enter into a contract with an engineer to design plans and specifications for the banner poles. Staff will release an RFP to obtain an engineer. It is estimated that the fee will be approximately $10,000. Staff received a price quote from the City of Bell. According to Bell, the cost of one (1) twenty- seven foot (27) banner pole, which includes the pole, foundation, cable and electrical connection will be approximately $10,000 per pole. A minimum of two (2) poles will need to be installed per each site. Therefore, the cost of installing the minimum two (2) poles per each site will be approximately $20,000. The banner, which will be spanned across the boulevard, will cost approximately $250 - $350. The dimensions of the banner will be 25'x 3'. It is anticipated that eyelets will be required to secure the banner, and that the banner will have printing on both sides. Page 2 Spanner Banner Policy January 19, 1999 The City will also be required to enter into a contract with a contractor to install the banners. The fee for installation will be approximately $150 - $250 per banner, depending upon the traffic and weather conditions and the length of time it takes to install the banner. BACKGROUND: On June 25, 1998 the Parks and Recreation Commission recommended that the City Council approve a policy of allowing the installation of spanner banners. The Commission further recommended a minimum of four (4) locations for double -sided middle -of -the -block full street width spanner banners be installed to advertise City sponsored events only. The banner support systems are recommended to be placed near the intersections of Grand Avenue and Diamond Bar Boulevard (one on Grand Avenue and one on Diamond Bar Boulevard), on Golden Springs Drive at Brea Canyon Road, and on Diamond Bar Boulevard near the Kmart center. DISCUSSION: When thinking about this policy decision, there are several issues that need to be considered. These issues and staffs responses to these issues are as follows: 1. Issue: What will be the initial cost per site for the installation of poles and banners? Response: The minimum cost will be approximately $20,400 ($20,000 for two (2) poles; $250 for one (1) banner; and $150 for a contractor to install). This cost does not include the initial design of plans and specifications of the poles. 2. Issue: Who will design the plans and specifications for the poles and how much will it cost? Response: It is proposed that the City Council direct staff to release an RFP to obtain an engineer to design the plans and specifications. It is estimated that this service will cost approximately $10,000 per location. 3. Issue: Who will periodically install the banners? Response: It is proposed that the City enter into an agreement with a contractor to install the banners. 4. Issue: Where will the banners be located? Response: The Parks and Recreation Commission recommends the following sites: two (2) near the intersection of Grand Avenue and Diamond Bar Boulevard; one (1) on Golden Springs Drive at Brea Canyon Road; and one (1) on Diamond Bar Boulevard near the Kmart center. Page 3 Spanner Banner Policy January 19, 1999 5. Issue: Who or which community groups will be authorized to have banners installed? Response: The Parks and Recreation Commission recommends that spanner banners be purchased to advertise City sponsored events only. If the City Council has the desire to allow community groups to utilize the spanner banners, staff will be required to develop a policy regarding the utilization of spanner banners by community groups. The policy will need to take into consideration who can utilize the spanner banners; at what cost to the user; who will purchase the banners and pay for installation and removal; and how the banners will be designed. 6. Issue: How will the poles and banners be designed? Response: The contracted engineer will design the poles. The design can either include the configuration of two (2) or (3) poles per site. It is suggested that a banner have windflaps, eyelets, and that it be weather proof. Regarding the material, length, and width of the banner, it is recommended that the City Council direct staff to develop a policy, which will include this information. Prepared by: Anne M. Haraksin June 25, 1998 Page 3 Parks & Recreation Commission C/geuitt m ed to prese to the City C ncil the co pt of puttin ogether om ee to coor 'ate the settin up of a 501 -3 non-profi oundation whi will consis f one memb of the City uncil, one mber of the P s and Recre n Commissio nd commu ' members. %Anis secon e motion. Follow' discussion, ruitt amen d her mo ' n as follows- `That a sub mittee of th Parks and ecreation ommission sisting of C r/Finnerty and ruitt meet w' CSD/Ron July 7, 19at 2:00 p.m. co City Hall to f ulate a pur se and di on for esta hing a 501-C-3 non-profit fou tion for the purpose funding the i ementation of th Parks Mast an. Further, t Parks a ecreation Co mission recomme s that if es lished, the 1-C-3 n -profit found; on shall consist one memb of the City unci 1, a member o he Parks and eation Com fission as well , commu members ommended by t Parks and R eation Comm' ioners. a subcomm' will present it ndings to the mmission o ly 23, 98 in order the Commissio request staff to forward its comme ation to th ity Council. nis seconded th amended tion. T motion car. d by the follow' roll call vote: AYES- MMISSIO S: Anis older, Pruitt, Chair/ nerty NO OMMISSI ERS: e A ENT: COMMI NERS: C/Nolan C/Ani eminded a Commission t C/Pruitt had made recommend on that idelines provided for oposed Goal 2. - O ach. F Ilowin iscussion, C/ der moved, C/Anis conded, to pt the t goals nted in staff' une 4, 1998 memor um for Fisca ar 1998/ 99. The tion carried -0 with VC/Nolan be* g absent. NEW BUSINESS: 5. Spanner Banner. CSD/Rose presented staff's report. Following discussion, C/Holder moved, Chair/Finnerty seconded, to recommend to the City Council that a minimum of four double -sided middle- of -the -block full street width spanner banners be purchased to advertise City June 25, 1998 Page 4 Parks & Recreation Commission sponsored events only. The banners are recommended to be placed near the intersections of Grand Avenue and Diamond Bar Boulevard (one on Grand Avenue and one on Diamond Bar Boulevard), on Golden Springs Drive at Brea Canyon Road, and Diamond Bar Boulevard near the Kmart center. Motion carried 4-0 with VC/Nolan being absent. /NNENTS: that she has receive omplaints about the ity. ined that the ity has new replacement e permits. C/Holder spoke aboi thanked the City f netted in excess raffle made $x,100. success of the booths use of the walkie-talkie for three and one-halif �Aition of the flags that are oar f4 !I !q on hand. The flags ar `being .14 tie Castle Rock Elemei The 24 games grossed ours, the food booth rA ar -carnival. She Ker $11,000 and e $1,400 and the C/Anis rpiorted on her involvement th the Pantera Park and Opening and the 1 Annive,ary Celebration subcommitt s. She asked if the -can sponsor a youth c er in the unity of the Country Hills wne Center becau 'there are a significant r #'nber of to agers who use the parkin t for skate boarding CSD/Rose recommendf' placing the matter a teen center on a.46ture agenda for discussion. C/Pruitt sugges* that the City look i providing a Police Atl t I ic League (PAL) spon ied youth faci I its CSD/Yk( se recommended at staff ask Mark St. A to provide informatiaa,tegarding the P programs at a fut meeting. eA Chair/Finnerty ggested that different vice organizations suit pa's the Rotary or 1�4anis Clubs migh onsor a youth faciIi C/Pru' id the June 18 thro 20 Walnut Rotary hos Football Camp 4pittelebrity G f To ament was very w ttended by professional d interested you . "'Pop Warner s F ag Football on Sun s. She noted that ma oung people par ipated in and oyed indoor soccer. She ended Little League cl ' g ceremonies on ixe 20. On Sat ay, July CITY OF DIAMOND BAR AGENDA REPORT AGENDA N0. 2_ TO: Terrence L. Belanger, City Manager MEETING DATE: January 19, 1999 REPORT DATE: January 13,1999 FROM: Bob Rose, Community Services Director TITLE: CONSIDERATION OF PRIORITY OF A SKATEBOARD PARK SUMMARY: The Parks Master Plan list of priorities for Capitol Improvement Projects (C.I.P.) states that a skateboard park should be built in the City by FY 2007/08. The Paries and Recreation Commission recently received a petition containing 160 signatures requesting that the priority of a skateboard park be raised. The Commission reviewed this request at their December 17,1998 regular meting, which was attended by about 30 supporters of a skateboard parts. Afar reviewing this issue and receiving public testimony, the Commission voted to recommend to the City Council that design work for a skateboard park should start immediately and that construction should be completed during FY 1999/2000. RECOMMENDED ACTION: The Partes and Recreation Commission recommends that the City Council raise the priority of construction of a skate board parte to FY 1999/2000 from FY 2007/2008 in the Parks Master Plan. The Commission further recommends that funds be ailocated in the current FY 1998199 budget to immediately fund the design of a skateboard park. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification _ Resolution(s) _ Bid Specifications (on file in City Clerk's office) _ Ordinance(s) X Other: Draft Parks & Recreation Agreement(s) Commission Minutes of 12/17/98 Parks Master Plan Exhibits: 3-4,3-7,3-9 CIP Priorities List from 3/15/98 CIP ProjectListfrom FY 99-00 through FY 10-11 Skateboard Park News Article, dated 12/12/98 State Health & Safety Code Sec. 115800 State Government Code Sec. 831.7 EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? _ Yes X 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? X Yes _ No What Commission? Parks and Recreation Commission 5. Are other departments affected by the report? _ Yes X No Report discussed with the following affected departments: None REVIEWED BY: Terrence L.anger James DeStefano Bob Rose City Manage Deputy City Manager Community Services Director CITY COUNCIL REPORT MEETING DATE: January 19, 1999 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: CONSIDERATION OF PRIORITY OF A SKATEBOARD PARK Issue Statement Shall the City Council approve raising the priority of construction of a skateboard park in Diamond Bar? Recommendation The Parks and Recreation Commission recommends that the City Council raise the priority of construction of a skateboard park to FY 1999/2000 from FY 2007/08 in the Parks Master Plan. The Commission further recommends that funds be allocated in the current FY 1998/99 budget to immediately fund the design of a skateboard park. Financial Summary The cost to construct a skateboard park is about $17 per square foot. A 10,000 sq. ft. facility, which is a good - size facility, would cost about $200,000 to construct, including inspection and project management costs. Design of a skateboard park would cost between $20,000 and $30,000 depending on the process utilized and the number of community meetings included in the process. There are no funds in the current FY 1998/99 budget for design services. Background At its meeting on November 19, 1998, the Parks and Recreation Commission received a request from a Dimond Bar resident for the Commission to consider raising the priority of the construction of a skateboard park in Diamond Bar. The Commission requested that SW include this item on its next agenda. At its meeting on December 17,1998, the Commission discussed increasing the priority of a skateboard park. This meeting was attended by about 30 people who supported the increase of priority, plus a petition containing 160 signatures was Submitted that also requested the raising of the priority of a skateboard park. The information Presented at the Commission meeting follows: The Parks Master Plan, which was adopted by the City Council in March, 1998, states that a skateboard park should be built in Diamond Bar in the fiscal year 2007/08. There are twenty projects that are deemed as higher Priority than a skateboard park. These are: 1. Community Center Development* 2. Summitridge Park Improvements* 3. Diamond Bar High School Improvements 4. Lorbeer Middle School Improvements* 5. Chaparral Middle School Improvements 6. Sports Park Complex 7. Starshine Park Improvements* 8. More Lorbeer Middle School Improvements* 9. Paul C. Grow Park Improvements* 10. Longview Park South Improvements* 11. South Pointe Middle School Improvements 12. Longview Park North Improvements* 13. Summitridge Mini Park Improvements* 14. More Diamond Bar High School Improvements 15. Stardust Park Improvements* 16. Silver Tip Park Improvements* 17. Peterson Park Improvements 18. Even More Diamond Bar High School Improvements* 19. Development of Additional Tennis Courts 20. More South Pointe Middle School Improvements 21. Skate Park/Sunset Crossing Mini Park Development *Eligible for C. D.B.G. Funding Availability of funding to complete projects played a major role in determining the order of this list. Twelve of the 20 projects are eligible for Community Development Block Grantfunding (C.D.B.G.). A skateboard park, since it involves new canstruction, is not eligible for C.D.B.G. funds. C.D.B.G. funds are primarily used to retro- fit existing parks to make them accessible per the Americans with Disabilities Act (ADA). The issue that needs to be considered with this priority list is, if the City Council chooses to raise the priority of a skateboard park, it will have to lower the priority of other projects. Argument in Favok (per Parks Master Plan data) - The Parks Master plan lists skaleboardinglroller blading/ice skating as the 7th ranked recreation activity in which Diamond Bar residents participate (per Exhibit 3-4, page 39). It ranked just below golf, which was ranked 6th, and just above organized youth soccer, which was ranked 8th. Skateboarding/roller bladingfice skating is the highest ranked activity listed in this exhibit (3-4) that does not have a specific location or facility in Diamond Bar for residents to utilize. The Parks Master Plan states that there is a goal to construct one skateboard park to serve Diamond Bar (per Exhibit 3-9, page 44). Argume(par Parks Master Plan data) - A skateboard park is essentially a single use facility. Such a faciMy did not even make the list of top 20 facilities that Diamond Bar residents would most like to see constructed in Diamond Bar (Exhibit 3-7, page 42). And even though there is no specific facility in Diamond Bar for roller blading/skateboardingfi�ce skating, of the top nine activities that Diamond Bar residents participate in, roller blading/skaleboarding/ice skating is done so by the participants within Diamond Bar's City limits more than any other of the top nine activities (Exhibit 3-4, page 39). In other words, there is no specific facility in the City in which to do it, but more roller blading/skateboardingfice skating is done in Diamond Bar than any other of the top nine activities that Diamond Bar residents participate in. Liability Per section 115800 of the State Health and Safety Code, skateboarding is considered a hazardous recreation activity, as defined by section 831.7 of the State Government Code. As a General Law City, Diamond Bar is under jurisdiction of these stye codes. Essentially, these codes mean that if signage is posted and enforced, and certain maintenance standards are met, skateboarders 14 years and older skateboard at their own risk. It does not cover skateboarders 13 years and under. The designation for skateboarding as a hazardous recreation activity will expire on January 1, 2003, unless additional legislation on this subject is passed by the state legislature and signed into law by the Governor. What are other cities doing? Skateboard parks are the rage right now. At least 8 surrounding cities have constructed or are in the process of constructing skateboard parks. These cities include Brea, Claremont, Glendora, La Verne, Rancho Cucamonga, San Dimas, Yorba Linda and West Covina. Plans for skateboard parks are currently on the drawing board for the cities of Chino Hills, Pomona and Rialto. Potential Locations in Diamond Bar for Skateboard Park There are currently three locations that have been identified as potential sites for skateboard parks: 1. Sunset Crossing Mini Park - $877,000 to construct 2. Pantera Park (undeveloped area east of basketball courts) $200,000* 3. Summitridge Park (Grass area north of south parking lot) $200,000* *assumes 10,000 sq. ft. outdoor, unlighted facility Funding Funds that may be used to construct a skateboard park include General Fund, Quimby, Park Development Funds, or other funding sources deemed appropriate by the City Council. Donations and grants could be other sources for design and construction costs. As the City Council is aware, funding is very limited in Diamond Bar and must be carefully prioritized. Therefore, as stated earlier, if the priority for funding the design and construction of a skal eboard park is raised, the priority for a corresponding amount of funding for other projects will have to be lowered. After discussion of this information and input from members of the audience, the Commission voted in favor of recommending tb the City Council that the priority of a skateboard park be raised to be designed in 1999 and constructed in FY 1999/2000. The Commission further recommended that the City Council direct staff to release a Request For Proposals (R.F.P.) so that the design can be completed during the current fiscal year, which would ensure that construction could be completed during the 1999/2000 FY. Discussion There are several issues that must be discussed when considering the design and construction of a skateboard park, including: 1. Issue: What are the liability issues associated with a skateboard park? Response: State Health and Safety Code section 115800 states that skateboarding is considered a hazardous recreation activity, as defined by section 831.7 of the State Government Code. Essentially, these codes mean that if signage is posted and enforced, and certain maintenance standards are met, skateboarders 14 years and older skateboard attheir own risk. This does not cover skateboarders 13 years and under. The designation for skateboarding as a hazardous recreation activity will expire on January 1, 2003, unless additional legislation on this subject is passed by the State Legislature and signed into law by the governor. 2. Issue: What is the position of the California Joint Powers Insurance Authority (C.J.P.I.A.) on skateboard parks? Response: A skateboard park is not an excluded activity in the C.J.P.I.A. memorandum of coverage and, as such, is a coverable activity. The C.J.P.I.A. recommends that the City follow all appropriate state laws and actively enforce applicable local policies and required ordinances to reduce potential liability. Additionally, the C.J.P.I.A. recommends that the City utilize firms experienced in the design and construction of skateboard parks to ensure that the proposed facility conforms to industry standards, thereby further reducing liability exposure. 3. Issue: Where would a skateboard park be located in Diamond Bar? Response: The Parks and Recreation Commission recommends that the skateboard park be constructed in the undeveloped area east of the basketball courts at Pantera Park. However, a portion of the design process that will be included in the R.F.P. will include a public input process for site determination. 4. Issue: Who supports the construction of a skateboard park? Response: There were approximately 30 Diamond Bar residents in attendance at the Parks and Recreation Commission meeting on December 17,1998 who supported the construction of a skateboard park, Also, petitions containing the signatures of 160 people were subrribed that stated their support of a skateboard park. Also, the owner of a new business in town, Trinity Board Shop, supports the construction of a skateboard park (and has pledged $5,000 in seed money to help raise funds for design and construction). 5. Issue: Besides public support, are there any other arguments in favor of a skateboard parte? Response: Per the Parks Master Plan, skateboarding/roller bladingfice skating ranked as the 7th highest recreation activity in which Diamond Bar residents participate (per exhibit 34, page 39). It ranked just below golf, which was ranked 6th, and just above organized youth soccer, which was ranked 8th. Skateboarding/roller bladingfice skating is the highest ranked activity listed in this exhibit (3-4) that does not have a specific location or facility in Diamond Bar for residents to utilize. The Parks Master Plan states that there is a goat to construct one skateboard park to serve Diamond Bar (per Exhibit 3-9, page 44). 6. Issue: What are the arguments against a skateboard park? Response: A skateboard park is essentially a single use facility. Such a facility did not even make the list of top 20 facilities that Diamond Bar residents would most like to see constructed in Diamond Bar (Exhibit 3-7, page 42). And even though there is no specific facility in Diamond Bar for skateboarding/roller bladingfice skating, of the top nine activities that Diamond Bar residents participate in, skateboarding/roller bladingrce skating is done so by the participants within Diamond Barns City limits more than any other of the top nine activities (Exhibit 3-4, page 39). In other words, there is no specific facility in the City in which to do it, but more skateboarding/rotierbladingfice skating is done in Diamond Bar than any other of the top nine activities that Diamond Bar residents participate in. Also, there is the potential for increased liability costs due to the City's exposure for defense of claims and possible award settlements from injury claims. 7. Issue: Who would be responsible for supervising a skateboard park facility? Response: Per letter b of Health and Safety Code 115800, supervision of the site on a regular basis is not required. Signage must be posted stating that no person shall ride a skateboard at the facility unless wearing a helmet elbow pads and knee pads. In checking with other cities, it is the local police or sheriffs department who enforces these rules. Therefore, a local ordinance will be required regarding skateboard park rules and their enforcement. 8. Issue: What is the position of the L.A. County Sheriffs Department regarding skateboard parks? Response: The sheriffs department supports the concept of constructing a skateboard park in Diamond Bar. Currently, skateboarders utilize private parking lots in which to ride. For safety reasons, the parking lots are Posted that skateboartkng is not allowed. This creates a situation where the skateboarders are utilizing these private parking lots illegally, which results in an enforcement responsibility for the sheriffs department. Construction of a skateboard parts will provide a location for residents to legally and safely ride their skateboards in Diamond Bar. 9. Issue: How can a skateboard parts be funded in Diamond Bar, and how much would it cost? Response: A skateboard park costs about $17 per square foot to construct. Design costs are approximately $20,000. Total cost for design and construction of a 10,000 sq. ft. facility would be between $200,000 and $225,000. (A 10,000 sq. ft. facility is a good-sized facility). Funding could come from Redevelopment, Parks Department, Quimby, fund raising efforts, grant requests and from the General Fund. 10. Issue: What are neighboring cities doing about skateboard parks? Response: Skateboard parks are very popular right now. At least 8 surrounding cities have constructed or are in the process of constructing skateboard parks. These cities include Brea, Claremont, Glendora, La Verne, Rancho Cucamonga, San Dimas, Yorba Linda and West Covina. Plans for skateboard parks are currently on the drawing board for the cities of Chino Hills, Pomona and Rialto. Prepared by: Bob Rose, Community Services Director DECEMBER 17, 1998 PAGE 3 PARKS & RECREATION COMMISSION Chair/F' erty N S: CO ISSIONE /Ommission. SENT: MMISSIO Transmi f correct inutes998 Join eeting with City Co cil and Par & Recrea 2. INFORM ONAL ITE 3. 4. 2.1 an 2.2 Amegfiment to I be recreation U/Kose pres ted staff's rep 2.3 Update of P projects. 2.3.1 DA Retrofit o eritage anc 2 .2 Lorbeer B ield Lighting. 2.3.3 Lorbe Lighting and Ac ss Mas Pla D BUSINES None NEW BUSINESS: 4.1 Consideration of Priority of a Skateboard Park. CSD/Rose presented staff's report. Staff recommends that the Commission receive public comments, conduct deliberation and forward its recommendation to the City Council. CSD/Rose explained to Chair/Finnerty that one of several funding sources for the proposed Community Center is the Parks Development Funds. Currently, $100,000 of CDBG funds are committed for design of the facility. City Council will consider this matter during its 1999/2000 budget process. The 13 year Master Plan CIP includes 1.4 million dollars of Park Development Fees. Currently, approximately 2.5 million dollars are available for the Parks Master DECEMBER 17, 1998 PAGE 4 PARKS & RECREATION COMMISSION Plan. The estimated cost for a 10,000 square foot skateboard park facility is approximately $200,000 to $225,000. GAnis stated she believes that the cost of the Rancho Cucamonga facility was $125,000. CSD/Rose responded that the cost of a facility depends upon the size. C/Anis presented photographs of the Rancho Cucamonga facility. She said she believes that this size and type of facility would fit in the grassy area of Summitridge Park. C/Holder stated that although it may be less expensive to construct a facility at Pantera Park, Summitridge Park is more centrally located. She said she likes the concept of a facility being located in an open and busy area which is well lighted such as the facility located in the City of Carson. VC/Nolan said he has visited Summitridge Park three times since the last Commission meeting to study the proposed site and on each of those occasions there was one vehicle in the parking lot. Therefore, he does not believe that parking would be an issue. He stated he believes the Summitridge site is superior to the proposed Pantera Park site. CSD/Rose reiterated that there are parking standards for each element included within a park site. A traffic engineer would be hired to determine the standard for whatever size facility is proposed. C/Anis stated that when she visited the Rancho Cucamonga facility there were approximately 10 teenagers and no vehicles. The teenagers told her that in order to have a facility they participated in fund raising events. CSD/Rose responded to C/Pruitt that a study will be conducted to determine the best site for a skateboard park. Therefore, no potential location is excluded. In response to Chair/Finnerty, CSD/Rose stated that staff believes that consideration should be given to an undeveloped area rather than taking away an element that is in use. Chair/Finnerty said she feels that Pantera Park is a potentially good site due to its proximity to the school and the lack of residences in the immediate area. She said that she believes that Summitridge may be the best location. Pantera DECEMBER 17, 1998 PAGE 5 PARKS & RECREATION COMMISSION Park offers a potentially less costly site. Her first choice is the Sunset Crossing Road location which would incorporate the number one preference voted upon by the Commission two years ago. However, she also feels that the Sunset Crossing Road park proposal may be cost prohibitive at this time. C/Pruitt asked if it is possible that funds have become available from other CIP projects that could be used toward the skateboard facility. She suggested that staff re-evaluate the current projects and their funding sources. Chair/Finnerty stated that because the grassy area of Summitridge Park is currently being used by other organizations and programs, Pantera Park would be the better location because of the lower amount of cost and the lesser i m pact to space. CSD/Rose responded to VC/Nolan that he has received three sets of petitions containing approximately 160 signatures in favor of a skateboard facility. Tyler Flisik, 1114 Grubstake Drive, said he and his friends are requesting a modest facility that would provide a safe haven for skateboarding and a location they could use without being asked to leave. Robert Stevens, owner of Trinity Board Shop, 1365 N. Diamond Bar Boulevard, said that the issue of a skate park facility is very important to him. He believes very strongly that there is a need for such a facility in the City. He pointed out that all of the surrounding cities have completed or are in the process of completing skate park facilities. He pointed out that skateboarding is a wholesome sport. He noted that exhibit 3.4 states that skateboarding has a higher participation rate than youth baseball, youth basketball and youth soccer, all of which have very adequate facilities in the City of Diamond Bar. He stated that skateboarding in parking lots and in the streets is considerably more dangerous than a controlled environment of a skate park. He believes that the Commission and Council should give the safety issue a high priority. Aaron Flisik, 1114 Grubstake Drive, said that his mother spoke with the owner of a San Dimas skateboard shop who was instrumental in getting the Rancho Cucamonga facility built. The shop owner invited In and Out and Baskin- Robbins to participate in a "skate demo" during which professional skaters and live bands participated at no charge. People were asked to donate $2 each. The "demo" earned $31,000 net profit toward construction of the facility with In and Out and Baskin-Robbins donating 50 percent of their profits. The Mayor of Rancho Cucamonga suggested that the Mayor of Diamond Bar call him for DECEMBER 17, 1998 PAGE b PARKS & RECREATION COMMISSION information and support. He stated that there are additional business and community members who have offered their support toward raising funds. Aaron Flisik responded to Chair/Finnerty that the "demo" was an all day event. Robert Stevens pledged $5,000 from Trinity Board Shop toward the construction of a skate park. Aaron Flisik reiterated that his peers will be happy with a modest facility if it can be done quickly. CSD/Rose explained that the City is required to design and build its facilities to meet state of the art standards, for liability purposes. Chair/Finnerty recommended that the City accept the youth organization donation of funds for the lighting of Chaparral soccer field (1999/2000) in order to free up the funds for a skateboard facility to be matched by funds from the General Fund. She encouraged the City Council to expedite setting up a 501(c)(3) Non -Profit Foundation to provide a vehicle for fund raising. Following discussion of current CIP projects and potential funding sources, VC/Nolan moved that the Commission recommend to the City Council that it replace the "lighting at Chaparral Middle School soccer field" with "construction of a skateboard park facility" during Fiscal Year 1999/2000 and immediately allocate funds for the design of a potential facility. Further, the Commission recommends that the City Council finance the project with additional contributions from the General Fund and/or fund raising projects and donations from the skateboarding community. Motion died for lack of a second. C/Pruitt moved, VC/Nolan seconded, that the Parks and Recreation Commission present the following to the City Council at its January 5, 1999 meeting: To move Item No. 21, Skateboard Park, forward to fiscal year 1999/2000 and seek donations from the community to supplement funding of General Fund reserves for the project, and that the City Council immediately allocate funds for the design of a skateboard park facility. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS NOES: COMMISSIONERS: Anis, Holder, Pruitt, VC/Nolan, Chair/Finnerty None EXHIBIT 3-4 DIAMOND BAR RESIDENTS' PARTICIPATION IN RECREATION ACTIVITIES BY ACTIVITY AND LOCATION Percent of Percent of Participating Activity Annual Annual Per Capita Population Households that Participate Rate Participating Most Often in Diamond Bar Walking/Jogging 17.6 25,3 94.3 Bicycling Tot Lots/Playground Usage 8.3 15.5 93.06.7 Picnicking 15.7 91.0 Tennis 4.9 29.3 90,3 9.8 76.0 Golf Roller Blading/Skate Boarding/Ice Skating 4.5 4.3 8.5 78.3 Organized Youth Soccer 8.5 94.8 Recreational Swimming - Public Pool 4.1 5.4 91.8 Organized Youth Indoor Basketball 4.0 2.9 6.8 76.4 3.5 96.9 Organized Youth Baseball 2.8 Practice/Informal Soccer 3.4 97.5 Adult Indoor Classes 2.5 2.4 3.0 93.3 Organized Youth Softball 3.8 95. Practice/informal Indoor Basketball 2.3 3.2 90.66 2.3 3.9 93.8 Practice/Informal Baseball 2 2 Hiking 3.5 94.1 Practice/Informal Softball 2.2 7.1 56.91 Organized Adult Softball 9 3.6 77.4 Youth Indoor Classes 1.3 2.0 73.91 3 2.4 100.0 Organized Youth Football - 1.0 Volleyball 1 1 100.0 Organized Adult Indoor Basketball 0.8 0.7 2.7 72.7 Horseback Riding 0.6 1.2 84.6 1.2 56.2 Source: Diamond Bar Recreation Needs Assessment Survey, December, 1996. I C r Wdwn0r0x,wy . IrM7 39 EXHIBIT 3-7 FACILITIES RESPONDENT WOULD MOST LIKE TO HAVE ADDED IN THE CITY OF DIAMOND BAR Type of Facility Percent Responding Swimming Pool for Recreation 10.0 Biking/Jogging Paths 3.8 Tennis Courts 3.4 Playgrounds/Tot Lots 3.4 Outdoor Lighted Basketball Courts 3.2 Recreation Center for Indoor Classes 3.2 Soccer Fields for Organized Games 3.0 Indoor Basketball Courts 2.8 Gun/Archery Range 2.0 Ice Skating Facility 1.8 Better Lighting 1.8 Picnic/Group Facilities 1.8 Teen and Youth Club - Facility and Programs 1.8 Lighted Softball Fields 1.8 Bandshell/Outdoor Concert Stage 1.4 Senior Facilities and Programs 1.4 Golf Course 1.4 Horseback Riding Facilities 1.2 Soccer Fields for Practice 1.2 Swimming Pool for Competitive Events 1.0 Source: Diamond Bar Recreation Needs Assessment Survey, December, 1996. 42 EXHIBIT 3.9 FACILITY DEMAND ANALYSIS BASED ON RESIDENTS, PARTICIPATION RATES City of Diamond Bar - 1997 Levels Per Capita ar Participation Cada Peak Day Demand Design Tumovers Number of Facility Need Activity spatia y (Participants) Standard Per Day for Facility nY Facilities Ratio - City of safcbau: Demanded" Diamond Bar Organized/Youth '2.3 338 Organized/Adult 1.3 191 4x 24 Players/field 3x 4.4. fields 1112,700 pop. Practice/Informal 1.9 280 24 ptayeralfield � 3.3 fields 1116,800 pop. Baseball: 12 players/field 14.6 fields 113,800 pop. Organized Youth 2.8 Practice/Informal 2. 2 848 333 24 playersMeld 1x 8.8 fields 1/6,300 pop. Football 1.0 12 ptaye�eld 34.7 fields 1/1,600 pop. Soccer 195 2.5x 70 la ers/field P y 1.4 fields 1/40,100 pop. Organized Organized Games G 4.1 Practice/Informalga 2.5 1.633 996 5x 25 players/5eld 16.3 fields 1/3.400 pop. Picnicking 5.8 4x 12 players/field 25,9 fields 12,200 pop. Tot Lots/Playgrounds 6.7 498 1.5x 4 Persons/table 83 tables 1/670 pop. Swimming (Public Pool) 1,151 6x 20 Persons/hour 9.6 areas 1/5,800 pop. Recreational 4.0 337 Tennis 2x 25 sq ft/swimmer 1.3 pools 1/43,700 pop. Golf 4.9 4.5 429 6x 3 persons/court 21.2 courts 12,500 pop. Indoor Basketball 462 137x 3.8 persons/ 9 rou P 0.9 courses 1162,900 pop. Organized Adult 0.7 Organized Youth 2.9 51 2110.9 3x 20 players/court courts 1165,600 pop. Practice/Informal 2.3 168 3x 20 players/court 3.5 courts 1/15,800 pop. Walking/Jogging 17.6573 4x 10 players/court 4.2 courts pop. Bicycling 8.3 573 1x 90 persons/mile 6.4 miles 118,750 pop. Horseback Riding 0.6 1,225 4x 23 bicycles/mile 13.3 miles 1/4.200 pop. Hiking 46 2x 5 horses/mile 4.6 miles 1/12,100 pop. Volleyball 2.2 72 2x24 persons/mile 1.5 miles 1/37,100 pop. Roller Blading/Skate 0.8 111 3x 24 Persons/court 1.5 courts 1136,600 pop. Boarding/ice Skating- 4.3 150 8x 20 persons/facility ty 0.9 facilities. 1/59.500 pop. Indoor Classes' Adult Youth (Under 18 years) 2.4 1.3 442 239 1x 30 persons/ciass 14.7 classrms 1/3,800 pop. 1x 30 persons/class 8.0 classrms 117.000 pop. 'Demand not adjusted for location "Demand for ball fields is or private vs. public facility. adjusted by approximately 20 percent to allow for resting of fields. Source: Alfred Gobar Associates, based on data from California Diamond Bar Recreation Needs Assessment Survey, State Department of Parks and Recreation and the December, 1996. %0VIs101am0nM"MW/ G - 3120197 City Council Parks Master Plan Sub -Committee Recommended Capital Improvement Project Priorities - March 5, 1998 RANK FACILITY AVG. SCORE Funding Time Frame FISCAL YEAR CIP (Sub -committee Meeting Date) (1/8/98) (2/12/98) (3/5/98) 1. Community Center 1.3 Mid to Long (3-6+ yrs) 2000/01 2. Diamond Bar High School 5.4 Short/Mid/Long (1-6+ yrs) 00/01; 04/05; 06/07 3.. Sports Park 6.3 Mid to Long (3-6+ yrs) 01/02; 02/03; 04/05 4. Chaparral Middle School 6.8 Short to Mid 0-5 yrs) 1999/00; 01/02 5. Lorbeer Middle School 7.3 Short to Mid 0-5 yrs) 2000/01; 02/03 6. Pantera Park 8.5 Short Term (1-2 yrs) 1998/99 7. South Pointe Middle School 8.8 Short/Mid/Long (1-6+ yrs) 99/00; 03/04; 07/08 8. Walnut Elementary School 9.2 Long Term (6+ yrs) 2008/09 9. Sycamore Canyon Park 9.3 Short Term (1-2 yrs) 1999/00 10. Diamond Ranch High School 9.8 Long Term (6+ yrs) 2009/10 11. Peterson Park 11.4 Short Term (1-2 yrs) 1998/99 12. Recreation Trail Improvements 13.0 Long Term (6+ yrs) n/a 13. Sunset Crossing 13.2 Long Term (6+ yrs) 2007/08 14. Summitridge Park 13.3 Mid Term (3-5 yrs) 2000/011; 01/02 15. Skate Park 13.3 Long Term (6+ yrs) 2007/08 16. Swimming Pool Complex 13.8 Long Term (6+ yrs) 2010/11 17. Ronald Reagan Park 15.8 Short Term (1-2 yrs) 1998/99 18. Heritage Park 16.2 Short Term (1-2 yrs) 1998/99 19. Maple Hill Park (Phase II) 17.0 Short Term (1-2 yrs) 1998/99 20. Paul C. Grow Park 18.4 Short To Mid (1-5 yrs) 1998/99; 03/04 21: Additional Tennis Courts 18.5 Long Term (6+ yrs) 2006/07 22. Longview South 19.4 Short to Mid (1-5 yrs) 1998/99; 03/04 23. Longview North 21.0 Short/Mid/Long (1-6+ yrs) 1998/99; 04/05 24. Starshine Park 21.6 Mid Term (3-5 yrs) 2002/03 25. Summitridge Mini -Park 22.8 Short/Mid/Long (1-6+ yrs) 1998/99; 04/05 26. Stardust Park 23.0 Short/Mid/Long (1-6+ yrs) 1998/99; 05/06 27. Silvertip Park 24.2 Short/Mid/Long (1-6+ yrs) 1998/99; 05/06 aAproject.lst Rauxnmerxle iUi1U Ufl u�Nal Improvement Project List FY 9300 Parks and Recreation Improvements as Recommended by the Park Mester Plan Sub-Commose Protect Site Project ogwiptlim 1 Sycamore Canyon Park ADA Retro -FN Total Cost $150 00000 Oenardfulld Cly GdP�•-fund' BfldeftelQptnept Aasmtt6 Q�Nj�t Trail Improvements $50,000 00 $150.000.01) $50.000.00 Parking Lot Improvements $15,00000 $15,000.00 Group Picnic Area $25,000 00 $25.000.00 Improve Ball Field Drainage $50,000.00 $50,000 00 New Pat" BuNdkp $100,000.00 $100,000.00 2 Chaparral Middle School Light Soccer Field $311,000.00 $100,000.00 $211,000.00 Renovate Turf 3 South Pointe Middle School New Practice Soccer Field $5,000.00 $5,000.00 Total $706,ODO.00 ,$150,000.00 $240,OOD.00 $105,000.00 $211,000.00 ' Sale of surp is Water Oisind pnW*q ondror User Group donations Total $4,740,o00.o0 $160.000.00 $280,000.00 x100,000.00 $200,000.00 $4,000,000.00 Sale of surplus Wafer District property andror User Group donations City of Diamond Bar Recommended Capital Improvement Projecl List FY 00-01 Parks and Recreation Improvements as Recommended by the Parks Master Plan Sub-Committee PCoJl4 mm 1 Summit Ridge Park PitbIRCAPszrim" Design and set T41.t1! Cog 5155,000.00 P!� � SliOtlrplF�rM liow X QYIRIlI�. YQfL' Rellty0oj� aside for next years c«aavaion 6155,000.00 AtjMfl Dlstrlel 2 Communily Center Construction $4,000,000.00 3 Diamond Bar High Tennis Court L $4w,000.00 �'�'� oor+e $loo,000.00 Basketball Court Lighting sloo,aoo.00 s200,000.00 4 Lorbeer Middle School Renovate Football Turf $185,000.00 $60,000.00 $125,000.00 Provide ADA sooess Security Lighting Total $4,740,o00.o0 $160.000.00 $280,000.00 x100,000.00 $200,000.00 $4,000,000.00 Sale of surplus Wafer District property andror User Group donations City of Diamond Bar Recommended Capital Improvement Project List FY 01-02 Parks and Recreation Improvements as Recommended by the Parks Master Plan Sub -Committee Project alta 1 Summitridge Park �[9jOKI �scriotion ADA Compliance S�n9ral @�nsilt TQta(C�st Ettod S�@Sa Quimby F_ padLvft $100,000.00 RedeveloRmsnt Light Softball Field $150,000.00 $150,$100,000.00 Aasmnt Dlst 00.00 Picnic Shelter $40,000.0o $40,000 $40,.00 2 Chaparral Middle School Security Lighting $100,000.00 $100,000.00 Light Tennis and Basketball Courts $240,000.00 $100,000.00 $140,000.00 3 Sports Park Acquire Site "D" $4,000,000.00 Totals $4,000,000.00 'Sale $4,630,000.00 $100,000.00 $290,000.00 $100,000.00 $140,000.00 $4,000,000.00 of surplus Water District property and/or User Group donations City of Diamond Recommended Captial Improvements Project List FY 02-03 Parks and Recreation Improvements as Recommended by the Parks Master Plan Sub -Committee Pr9ject Ggnera_I Perk Qev. Project3^itg Qe3c�Rtl_on Toel_�ost Fund CD@Gui Benefit by Fund R�s�vgloRrngIIt AsemnLOW 1 Starshine Park ADA Compliance $79,000.00 $79,000.00 2 Lorbeer Middle School Light Baseball Fields $236,000.00 $11,000.00 $25,000.00 $100,000.00 $100,000.00 Renovate Turf ADA Compliance 3 Sports Park Design $150,000.00 $150,000.00 Total $465,000.00 $161,000.00 $104,000.00 $100,000.00 $100,000.00 'Sale of surplus Water District property and/or User Group donations City of Diamond Bar Recommened Capital Improvement Project List FY 03-04 Parks and Recreation Improvements as Recommended by the Parks Master Plan Sub -Committee P-oj"t General PIA @llfaflt PC4f QtzaFri tion Total Cost Fund CD6G QUftnhH DV1Pn1 fUW Redevelopment Assmnt. Dist 1 Paul C. Grow Park ADA Compliance $151,880.00 $151,880.00 2 Longview Park South ADA Compliance $77,500.00 $67,500.00 $10,000.00 3 South Pointe Middle School Security Lights $215,000.00 $200,000.00 $15,000.00 Tennis Court Lights Total $444,380.00 $200,000.00 $219,380.00 $15,000.00 $10,000.00 Sate of surplus Water District property and/or User Group donations City of Diamond Bar Recommended Capital Improvement Project List FY 04-05 Parks and Recreation Improvements as Recommended by the Parks Master Plan Sub-Committee ProJocsime Project Decription T_ow,Cost Ori Park Bonet Fund QUO QuimbX Dltlpmnt Fund• Redevelopment Awn, Dist 1 Longview Park North ADA Compliance $113,000.00 $113,000.00 2 Summitridge Mini Park ADA Compliance $107,000.00 $107,000.00 3 Diamond Bar High School Light Handball Courts $1001000.00 $100,000.00 4 Sports Park Construction $3,000,000.00 $3,000,000.00 Total $3,320,000.00 $100,000.00 $220,000.00 $3.000,000.00 Safe of surplus Water District property and/or User Group donations City of Diamond Bar Recommended Captial Improvements Project List FY 05-06 Parks and Recreation Improvements as Recommended by the Parks Master Plan Sub -Committee 4_wwral erOjact 8ife PIWfiFtiap Total Cost Pat 1101210 Fund m4 QulrnbY RWpmnL Fund' Radevabp» Agiamm D 1 Stardust Park ADA Compliance $134,000.00 $125,000.00 $9,000.00 2 SYver Tip Park ADA Compliance $157,700.00 $125,000.00 $32,700.00 3 Peterson Park Security Ughts $220,000.00 $120,000.00 $100,000.00 Trail System Batting Cages Picnic Area/ HE Side Total $51000.00 $120,000.00 $250,000.00 $100,000.00 $41,700.00 'Sale of surplus Water District property and/or User Group donations City of Diamond Bar Recommended Capital Improvement Project List FY 06-07 Parks and Recreation Improvements as Recommended by the Parks Master Plan Sub-Committee PrQiect Qegeral Park j$e�pflS P_14)eat site DayAlption TvtatIC9st End CDB G Qgiml:lr Dvlpmnt Fun d° ReftyMopment Allmnt_Dbt 1 Diamond Bar High Light Softball Field $655,000.00 $300,000.00 $195,000.00 $100,000.00 $60,000.00 and Renovate Turf ADA Compliance . Light Baseball Field 2 Additional Tennis Courts Construction $150,000.00 $75,000.00 $75,000.00 Site to be detemuned Total $805,000.00 $375,000.00 $195,000.00 $175,000.00 $60,000.00 Sale of surplus Water District property and/or User Group donations City of Diamond Bar Recommended Capital Improvement Project List FY 07-08 Parks and Recreation Improvements as Recommended by the Parks Master Plan Sub -Committee P"je3ft Fmwongdption Totill-cast Oomra F und GMP� BsnaHt Qgk"bY QY nt Fund• Rt devebgnwit A%VnnL Dist 1 South Pointe Middle School Light Baseball Fields $420,000.00 $300,000.00 and Basketball Courts $100,000.00 $20,000.00 2 Sunset Crossing Mini Park/ Design & Development $877,000.00 Skate Park w/ Roller Blade 6 $877,000.00 Skateboard Elements Total $1,297,000.00 $300,000.00 $100,000.00 $897,000.00 Sale of surplus Wafer District property and/or User Group donations City of Diamond Bar Recommended Capital Improvement Project List FY 08-09 Parks and Recreation Improvements as Recommended by the Parks Master Plan Sub -Committee Proje l $it@ Proioct $06PI Qn TOULCost Genera Fund cD" 1 Walnut Elementary School Turf Renovation $90,000.00 $90,000.00 Light Soccer Field $150,000.00 $150,000.00 Light Basketball Courts $80,000.00 $80,000.00 Security Lighting $100,000.00 $100,000.00 ADA Compliance $50,000.00 $50,000.00 Total $450,000.00 $240,000.00 $210,000.00 Sale of surplus Water D/sbict property and/or User Group donations Park @anent Quimbv Dvlpmnt Fund" Redevelopment 4ssmnt. Dlstricl City of Diamond Bar Recommended Capital Improvement Project List FY 09-10 Parks and Recreation Improvements as Recommended by the Parks Master Plan Sub-Committee P_roje&1 Genera! pad Bonent ProjK Bite Description TQUI_Cost Fund CDBG Quknby "pmot. Fund' . Redevelopment Assmnt, Dlst 1 Diamond Ranch High Misc. Improvement $500,000.00 $300,000.00 $100,000.00 $100,000.00 Total $500,000.00 $300,000.00 $100,000.00 $100,000.00 Sale of surplus Wafer Disind property and/or User Group donations City of Diamond Bar Recommended Capital Improvement Project List FY 10-11 Parks and Recreation Improvements as Recommended by the Parks Master Plan Sub -Committee Szerlefa�l Park Benefit Project Site Project Dotopum T9141 -cost Fund CDBG Quimby Dev. Fund* Bedeve1QWnent Assmot. Dist 1 Swimming Pool Complex Design and Construction $1,500,000.00 $1,500,000.00 Total $1,500,000.00 $1,500,000.00 ' Sale of surplus Water District property and/or User Group donations City of Diamond Bar Summary of Projected Costs For Maintenance and Operations (MIO) Due to Construction of Improvements Fiscal Year Budget Amt Start of FY Plus) that increases) MIO Budget Amount of MM-In1•rreast 3.6% inflatimAits Total MIO Costs for stet of f" -EY Add. Revenue from imPrsrsments Potential Revenue to Off -Sol Mro Costs Net MIO Costs 1997198 5388,805 Na n/a $13.601 $402.206 $133.000 $255.605 1998/99 $402,206 Opening of Pardere Park - $95.000 $17,622 $527,028 $20.800 N57,800 $236,008 Lighting Pointers Park Safnelds(2) $12,000 1999100 $527,028 Light Chaparral Soccer Field(1) $8,000 $18,728 $553.754 $10,400 s164,200 s3e2,626 200001 $553.754 Community Center (10,000sci it $195,000 - Community Center (20,O00sq.f.) $290,000• $29,531 $873,285 $72.500 $238,700 Community Center(3o,o0oaq.n.) $36$,000 25% recovery •=Amount included In remnnder of chart - L19M De High School Tennis courts (8) $9.600 Security Lights Lorbsar $3,600 $57,120 s293,620 Light DB High School Basksibein Courts (3) $4,900 $31,168 $922,273 $23,250 $317,070 $238,884 2001102 $922,273 Light Summitridge Soften field (1) $11,000 $33,456 $989,329 $10,400 $327,470 Light Chaps" Tennis Courts (4) $4,800 $28.580 $358.030 3awrsy Lights Chap«fat $3.600 Light Chaparral Basketball Courts (4) $8.200 $31,000 $387,030 $535.243 Fite Breaks - Sla'D' $8.000 2002/03 $989,329 Security Lights Stalshine $2,400 $34,973 $1,034,202 Light Lorba« Baseball Field (1) $7,500 $10,400. $397,430 $8311,772 2003104 $1,034,202 Light South Pointe Tennis Courts (3) $3.600 $36,448 $1,077,[151 $5,000 $402,430 $673,121 - Security Lights South Points - $3,600 543.993 $1,700,914 2004105 $1,077,851 Light DB High School Handball Courts (7) $3.100 Opening of Sports Park (w/o fights) $176,000 2005106 $1.300,944 Security Lights Paterson Park _ UAW $45.659 $1.350.203 2008/07 $1,350,203 L19M DB High School Softball Fields (2) $10,000 $48,153 $1,423,858 $20,600 $423.230 Light DB High School Baseball Field (1) $12.000 $10,400 $433.630 Light additional Ttr11Ns Courts (3) $3,600 $21,420 � . � $455.050 $895.153 2007/08 $1,423,956 Light South Pointe Baseball Field (1) $11.000 $51,453 $1,522,440 $10.400- $465,450 Light South Points seek~ Courts (9) $14,000 $68.750 $535,200 $668,758 Opening of Sunset Crossktg MM 00I-Park $22,0 200&09 $1,522,440 Light Walnut Soccer Field (1) $8,000 $53,603 $1,591,043 $10,400 $515,800 Light Walnut Baskatbel Court (2) $3.200 $15.500 $581,100 $981,M0 Security Lights Walnut $3,800 2009110 $1,591,043 Lighting OR High School Outdoor Athletic Facilities No estimate at this time $55,887 $1,648,730 TBA $561,100 $1,030,043 2010111 $1,846,730 Opening of Aquatics Center No ntimabaltlrte time $57,638 $1,704,385 TBA $581,100 $1,085,630 It impovement are wnetiuded and 0 fen are raised annually to match inflation arab (3.5% estimate) total anneal m enue in 201001 t = $770,000 (Net Coat $87e,730) Note d no imprwementi ata constructed, initiation will momemad MIO waft to $851,049 for the 20110011 fiscal year (3.5% annual inMtion rats) Skateparksorgive ssport By L.C. Groan Daily Bulletin It,purl had gone from the edges of criminal activ. Ity Io wholesome - - allon, and skateboarders are happy now. 'I'm lust happy to have one near my house,' said 16 -year-old Mike Bonner of San Dimas, taking a break at ClareMont's 2-monlh,old skate- board park facility where young people can practice without the fear oI being cited. - Nearby, a boarder goes airborne if a concrete pyramid, tucks his knees, and seems to gain altitude. 'We're lust sick of being hassled by the cols,' Bonner said, refrrring to she dobintown areas where skate- boarding Is outlawed. Skate parks like Claremont's, the park that opened Dec. 4 In Rancho Cucamonga, and soon -to -be -opened facilities In La Verne and San Dimas may owe (heir existence In part to Bonner's efforts. Last year he testified before a state Senate committee that approved a new law limiting municipal liability for skate boarding Inluries - Putting skate boarding in the same category as basketball or,tennis. With the ultimate passage of that law, cities across the state started dumping on the skatebpred park bandwagon. 1,, 'We have basketball courts; why notskate parks* said San Dm— City Manager Don Pruyn. The Impetus for the Sats Dimas skate park came from sheriff's deputies who tickRlg0 kids for ille. gally boarding jn the downtown business district. . 'They fell bad about getting tough with the kids when they had no alternative place to skate,' Pruyn said. 'The San Dimas skateboard park will open in April at Pioneer Park. 1-a Verne's skate park, pp the north end of tNe''gonita High School campus, is already under construc. tion and scheduled to open soon after the first of the year. Skateboard parks are In various stages of development Iq. Pomona, Rialto and Chino fulls. 'One city does It and all of a sud. den, people realize they work,' Pmyn sal it. We've been getting calls from par- egta In Upland who want to know hpw to get a skateboard park in t(!Ir city,' said Claremont Human Services Director Dick ,uthne. Cay 141awa4nland Kaay Lair Saturday. Dec mbar 12. little lA positive slant Z perk. .—%- --sr — u rotary, 1e, ace; a 50-50 grind across Bre coping of a fun box at the Rancho Cucamonga O tb lacatlon, yet •, ... 0__Inspaelfmaedrybd 'I . RICaard Rawwysaky eus.r The architect for Glarecront's skate several states, said a . ppark, Purkiss Rose -RSI of Fullerton, company owner Steve Rose. has;boil 60 parks In the works In The firm, which for 30 years spe- LL One city does it and all o a sudden, people realize they work. 99 - Don Pruyn San Dimas city manager clalized In landscaping and athletic facilllles, designed Its first skate- board park In Huntington Beach to 1993. 'Kids from all over the world were coming to lluntingion Reach just to ,kale,' said Rose. - Phlites by Bran LkWDaoy Boaefn Justin Montoya, 17, Of Clarempa does a board Slide down a rall at #te Claremont skate park. But while business Is hustling and more cities are wanting skate parks, Rose said there are obstacles. "The biggest rhAIrnge can be finding a place to put a skate park," he said. Resldenl5 say they want Ihenb Rose said, but not next door' Claremont's new skate park Itas )een an irritant to some neighbors. 'They play their music, said a res. dent'of nearby Scripps Drive, com. stainin oardg AN I the boconim-s Bersplay while skating. She can hear the skaters flipping their boards throughout the day. To muffle the sound. she turns up the television. "But Iguess it keeps them doing sornelh l ng,' she added. Claremonl Police Chief Bob Mundy said officers have had very re complaints from area residents. But while a few residents may he less than happy with these new additions to their communities, the kids at Claremont's skate park S they're glad tobe on better terms with their old oeniesis. 'Now tire cops lust come and talk with us," said Bonner. As for their new hangout, "Everyone here is cool,' Ise said. 'It's all about love and family,' said 20 -year-old tarry Norager. With Thal, another boarder ramps skyward, twists, and falls back to Earth. HEALTH AND SAFETY CODE 1: .rt 10 NAL SAFETY Section .................................... 115725 a oter 4 0 SAL LAND USE • • • Section ....................................... 115725 ...I .................................... 115775 ; MU199A a 1023 (S.B.1497), § 34A eff. Sept 9g r Statutory Notes Subordination of legislation by Ststs.19%, e. 1023 (SB. 1497), am Historical and Statutory Notes under Business and Professions Code 4 690. le 1 OUNDS Playgmunde, by Stats.1995, c. 415 (S.B.1860), St42ta1996, c 1088 (S.B.1497), § 34 eff. Sept to 115790, oras repealed by Stats.1996, c. 1096 u Statutory Notes Subordination of legislation by Stats.1996, a 1023 (SM. r 1497), see Historical and Statutm 7 Notes under Business and Professions Code § 690. 22 'ND EQUIPMENT Section 15800.1. Inline skating; hazardous recreational activity. ooden Playground Equipment, by Stata.1995, nd amended by Stata1996, G 1088 (S.B.1497), added by Stats.1995, c. 415 (S.&1160), § 6, -'Article 1 and amended by Stata1996, r- 7098 I ,nd Safety Code § 115795 et seq. atutory Notes Subordination of legislation by Stata.1996. c. 1028 (SX. 497), see Historical and Statutory Notes under Business +nd Professions Code § 690. 49dl ; deletions by asleriska • • • ONALTS- AND SAFETY, CODE U5800 11b800. Skateboard parks Text of section operative until Jaa: 4 9008. (a) No operator of a skateboard park shall permit any person to ride a skateboard therein, unless that person is wearing a helmet, elbow pads, and knee pada. (b) With respect to any facility, owned or operated by a local public agency, that is designed and maintained for the purpose of recreational skateboard use, and that is not supervised on a regular basis, the requirements of subdivision (a) may be satisfied by compliance with the following. (1) Adoption by the local public agency of an ordinance requiring any person riding a skateboard at the foility to wear a helmet, elbow pads, and lease pads. (2) The posting of signs at the facility affording reasonable notice that any person riding a skateboard in the facility must wear a helmet, elbow pads, and knee pads, and that any person failing to do so will be subject to citation under the ordinance required by paragraph (1). (c) "Local public agency"- for purposes of this section includes, but is not limited to, a city, county, or city and county. (A) The person skateboarding is 14 years of age or older. (B) The skateboarding activity that caused the injury was stunt, trick or Inge skateboarding. (C) The skateboard park is on public property that complies with subdivision (a) or (b): (5) This subdivision shall not apply on or after January 1._ 2001, to public skateboard Darks that were (e)' This section shall remain in effect until Jaun�naagr� 2001, and as of that date is repealed, unless a later enacted statute, ena before January 1, 1003,Uletes or extends that date. (Added by Stats.1995, c. 415 (S.B.1360), § 6. Amended by Stats.1997, c. 573 (A.B.1296), § 1.) Repeal This section is repealed by its own terms on Jan, 1, 2008. For text of section operative Jan. 1, 9003, see Health and Safety Code § 115800, post § 115800. Skateboard parks Text of section operative Jan 1, 9005. (a) No operator of a skateboard park shall permit any person to ride a skateboard therein, union that person is wearing a helmet, elbow pads, and knee pads. Additions. or:ohenges indicated by underline; 4 eletions by asterisks " • : 5 I 115800 HEALTH AM SAFETY CObt 01A (b) With rasped to any facility, owned or operated. by a. local public agency, that is designed aN maintained for the purpose of recreational skateboard use, and that is not supervised on a regular baw,, the requirements of subdivision (a) may be satisfied by compliance with the followintp. (1) Adoption by the local public agency of an ordinance requiring any person riding a skideboaid at the facility to wow a helmet, elbow pedla, and knee pads. (2) The posting of signs at the heft affording, reasonable notice that any person riding a skateboard m the facility mad weer a helmet, elbow pads, and knee pads, and that any person failing to do so will be subject to citation under the ordinance required by paragraph (1). (e) "Local public agency" for purposes of this section includes, but is not limited to, a city. county, Q city and county. (d) This section shall, become operative on January 1, 200a. (Added by Stats.1997. c. 573 (A.B.1296), § 2, operative Jan. 1, 2M.) For text of section operative until Jan. 1, SMA we Health and S4*V Code i 115800( ante. I 115800.I. In-line skating; hazardous recreational activity (a) In-line skating by an adult shall be deemed a hazardous recreational activity within the meaning ol Section 831.7 of the Government Code if all of the following conditions are met (1) The local public agency has, by legislative action, designated specific public property as a recreational area, boardwWk, or park in which m4me skating is permitted. (2) The designated area, boardwalk, or parka adequately posted with notices advising the public that in-line skating in the designated area by adults is deemed to be a hazardous recreational activity and that the public entity may not be liable for Injuries Incurred by persons participathig m the hazardous recreational activity in the designated area, boardwalk, or park. (b) Nothing in Section 881.7 of the Government Code or this section shall be deemed to limit the dut of a public entity to maintain public property or premises in a safe (e) The Judicial Council shall collect information from the courts regarding lawsuits AM by PMM injured while in-line skating on public property, including the results of those lawsuits. The Judicial Council ahau also collect information, to the extent it in available. from local public agencies regarding incidents and claims by m -line skaters injured on designated public property for in-line skating.. The Judicial Council shall issue'a report containing this information to the Legislature on or before March -31, 2000. f (d) This section shall remain in effect only until January 1, 2001, and as of that date is repealed, unim a later enacted statute, that is enacted before January 1, 2001, deletes or extends that date. (Added by Stats.1997, c. 805 (AJ3.915), § 1.) Repeal This section is repealed by its own terms an January 1, 200I. Article 3 [HEADING RENUMBERED] The heading of Article 3, Wooden Playground Equipment, added by Stats.1095, a 415 (S.B.1360), § 6, consisting of §§ 115775, 115800, uns renumbered Article 2 and amended by StatL1996, c. 1023 MR1497), § 344, eff. Sept. 29, 1996. See Health and Safety Code § 115775. Historical and Statutory Notes 19% Laid tion Subordination of legislation by StatiLI996, c. EM (SB. Lagalative Endings, declaration and intent relating to 1497), see Historical and Statutory Notes ®der Busmse Stata.1996, c. 1023 (S.B.1497), see HifftoriW and Statutory and Profemiow Code # 00. Notts under Bosons and Profusion Code 1 690. Chapter 5 SAFE RECREATIONAL WATER USE Article, SOCOM 2.5. The SwAmming Pool Sa" Act ...................................... ........... 11590 W -ty astarlaft AddMone or changes Indar by underline; deletions Sect 1151 (A wSt . 0 00 VFW (Am bei ISO dal bM for C* pu tri CA GOVERNMENT CODE GOVERNMENT CODE tth 1187, but sit at others atter dgnab were tenderedm0per'ad►n due to pawa fn7u<e was substantial factor in t -e dee to aeddeut which occurred when vehicle fat'led to atop on," and intersection at which no atop signs had been planed control motorist who failed to stop did not teeny that his fatTuyt collision to stop was caused by some contusion created by stop not give am he had earlier encountered, but maequivoally elated indica- that he did not atop because he had green lightL Chow. Y trans- dbury v. City of La Angeles (App. 2 Dist 1996) $ and city CaLRptr.2d 657, 86 Ca1.AppAth 1187, modified on cicely ffic laws of rebearW review deded. .y of Los 88 Cal . 3.8. Repair of signal review Government cannot be held liable for fatting to duvet traffic while traffic lights are being repaired Chowdhury that al- V. City of Los Angeles (App. 2 Dist 1996) 45 CaLRptr24 v of stop 657, 38 C&LApp.4th 1187, modified on denial of rehearing, signals review denied. at toi public property; remedial work; warnings otes of Decisions regard near in basi- tion of should execu- ,ce with MAISin vested; ..e., for- ered by ;gins V. 04 Cal. irmative s condi- motion iecides ,d it is app. 4 state plan plan port - op. 4 e by de- nrior rea- iL. V. tr.2d evidence that design of its acceleration system produced some lurching motion during acceleration when system sensed that wheels were slipping, and that automatic acceleration was set at reduced rate in wet weather tc reduce possibility of lurching and was so set on day of accident. Bay Area Rapid Transit Dist v. Superior Court (Etier) (App. I Dist. 1996) 53 Cal.Rptr2,d 906, 46 Cal. AppAth 476. 14.8. Injuries during construction Statute that provides public entities with defense to liability far injury caused by comtructon of or improve- ment to public property does not provide defense to liability from injury caused by temporary dangerous coo- dition of public property which arises during construction of improvement to public property. Winig v. State (App. 3 Dist 1995) 45 CaLRptr.2d 652, 37 CaLApp.4th 1772, review denied. 15. Notice of nonconformity Statutory design immunity is not perpetual, and may be lost as result of changed ciremnstances which subsequent- ly render improvement dangerous, if public entity has received actual or constructive notice thereof; if approved design becomes dangerous by reason of any change in conditions, and that fact is known to the public entity, immunity will continue for only reasonable period of time to allow entity to obtain funds to carry out remedial work of bringing property back into conformity with reasonable design or plan. Higgins v. State (App. 4 Dist 1997) fit Cal.Rptr2d 459, 54 CaLApp.4th 177. 17. Proximate cause For purposes of statutory defense of design immunity, causal relationship between plan and accident is proved by evidence that injury -producing feature was actually part of plan approved by the governmental entity: such immu- nity Is intended to immunize only those design choices which have been made. Higgins v. State (App. 4 Dist 1997) 62 Cal.Rptr2d 459, 54 CaLApp.4th 177. eusal 26. Sufficiency of evidence stem If there is any substantial evidence supporting reason - lain ableness of approved design, statutory design immunity' seat, applies, even though plaintiffs present evidence of design .sign- defect Higgins v. State (App. 4 Dist IWn 62 CaL uuced Rptr2d 459, 54 Cal.App.4th 177. .ed by underline; deletions by asterisks 22 1* Review Appellate court reviews for substantial evidence to de- termine whether state met its burden of establishing w a platter of law all elements of statutory design immunity. Higgins v. State (App. 4 Dist 1997) 62 C&LRptr2d 459.54 CaLApp.4th 177. Evidence established that absence of median berries- between arrierbetween opposing lanes of traffic was design choice made by state, thus supporting is defense of design mm rno in action arisuW out of motor vehicle &=dent, state's expert's declaration, together with original deign plane and plans for Improvement project, showed that absence of barrier was result of or conformed to design approved by public entity vested with discretionary authority. Hig- gins v. State (App. 4 Dist 1997) 62 CaLRptr2d 459, 54 Ca1.AppAth 177. In order to be entitled to summary judgment on grounds of design immunity in connection with motor vehicle accident, state had only to, present substantial § 831.7 evidence of reasonableness of approved design, and plam- ttw caper's contrary opinion could not defeat motion. Higgme v. State (App. 4 Dist 1997) 62 CaLRptr.2d 459, 54 C4LApp.4th 177. Evidence established reasonableness of highway design with regard to merging distance of two carpool lanes into single lane; thus supporting state's affirmative defense of design immunity in action arising out of motor vehicle seddent, despite plaintiffs' ameWs opinion to coatary. Mum v. State (App. 4 Diet 1997) 62 CaLRptr.2d 469, 54 CaLApp.4th 171. Evidence of cross -median accidents at highway it. wbee thee was no median barrier between opposing lames of traffic, of increased volume of trate and pres- ence of barrier during construction did not establish changed circumstance defeating state's design immmity in connection with motor vehicle accident. Higgins v. State (App. 4 Net. 1997) 62 C&LRptr2,d 459, 54 CAL AppAth 177. § 831. Weather conditions; effect on use of streets and highways Notes of Decisions Ice 3.8 3.8. Ice State Department of Transportation had no duty to perform any kind of maintenance on stretch of highway where icy conditions caused pickup tuck to slid off roadway and strike parked car which then struck and injured plaintiffwhere plamttff admitted to being aware at time of accident that there was &now on highway and offered no evidence to show that those icy conditions would not be reasonably apparent to a person exercising due care. Allyson v. Department of Tramp. (App. 4 Dist. 1997) 62 C&LRptr2d 490.53 Cal.AppAth 1804. In absence of a weather hazard which would not be reasonably apparent to person exercising due care, state Department of Transportation bas no duty running to any given individual motorist at any time to pod speed heart signs, establish chain control on icy sections of road, plow snow off date highways, spread cinders or deicing chemi- ab on icy sections of rad, or pod warnings d icy road conditions. Allyson v. Department of TYmsp. (App. 4 Dist 1997) 62 CaLRptr.2d 490,53 CaLApp.4th 1304. § 831.4. Unpaved access roads to recreational or scenic areas; trails; paved paths on easements of way granted to public entities Adjoining landowners 4.5 Notes of Decisions landowners from liability for injuries sustained by persons using the trails adjoining or traversing the landowners' properties. 78 Op.Atty.Gen. 238, July 27,1995. 4.5. Adjoining landowners In order to acquire land for a county -wide recreational trail s in, a county may agree to indemnify private 831.7. Hazardous recreational activities; failure to guard or wane; negligence; duty of care either a public entity nor a public employee is liable to any person who participate& in a hazardous recreational activity, including any person who assists the participant, or to any spectator who knew or reasonably should have ]mown that the hazardous recreational activity created a substantial risk of injury to himself or herself and was voluntarily in the place of risk, or having the ability to do so failed to leave, for any damage or injury to property or persons arising out of that hazardous recreational activity. . (b) As used in this section, "hazardous recreational activity" means a recreational activity conducted on property of a public entity which creates a substantial (as distinguished from a minor, trivial, or insignificant) risk of injury to a participant or a spectator. "Hazardous recreational activity" also means: (1) Water contact activities, except diving, in places where or at a time when lifeguards are not provided and reasonable warning thereof has been given or the injured party should reasonably have known that there was no lifeguard provided at the time. (2) Any form of diving into water from other than a diving board or diving platform, or at any place or from any structure where diving is prohibited and reasonable warning thereof has been given. Addtdone or changes indicated by underline; deletions by asterisks 23 1$31.7 GOVERNMENT Cola... (3) Animal riding, iadudmg equestrian competition. archery, bicycle racing or jumping, mountai ' bicyclim boating, cross-country and downhill skiing, hang gliding, kayalang,. motorized vehicle raeigt off-road motorcycling or f zr-wheel driving 4 any kind, orienteering, pistol and rifle shooting, roe climbing, rocketeering, rodeo, spelrmkmg, sky Flag, sport p watbuting, Pareglidw body contact sport (Le., sports in which it is reasonably foreseeable that there will be rough bodily contact with one or mor participants), surfing, trampolining, tree climbing. tree rope swinging, waterakiing, white water raftini and ' ' ' windaurf ng. For the purposes of this subdivision, "mountain bimmbne does not ind" riding a bicycle on lived pathways, roadways, or sidewalks. (c) Notwithstanding the provisions of subdivision (a), this section does not limit liability* which weml otherwise exist for any of the following. I I (1) Failure of the public entity or employee to guard or warn of a known dangerous condition or'o another hazardous recreational activity known to the public entity or employee that is not reasonabb assumed by the participant as inherently a part of the hazardous recreational activity out of which the damage or injury arose. (2) Damage or injury suffered in any case where permission to participate in the hazardous recreation , al activity was granted for a specific fee. For the purpose of this paragraph, a "specific fee" does no include a fee or consideration charged for a general purpose such as a general park admission charge,: vehicle entry or parking fee, or an administrative or group use application or permit fee, as diafingaiahe from a specific fee charged for participation in the specific hazardous recreational activity out of whist the damage or injury arose. (3) Injury suffered'to the extent proximately caused by the negligent failure of the public entityoi public employee to properly construct or maintain in good repair any structure, recreational equipment ar machinery, or substantial work of improvement utilized in the hazardous recreational activity out of whici the damage or injury arose. (4) Damage or injury suffered in any ease where the public entity or employee recklessly or with gro- negligence promoted the participation in or observance of a hazardous recreational activity. For purposes of this paragraph, promotional literature or a public announcement or advertisement which merely describes the available facilities and services on the property does not in itself constitute s reckless or grosaly,negligent promotion. (5) An act of gross negligence by a public entity or a public employee which is the proximate cause ell the injury. Nothing in this subdivision creates a duty of care or basis of liability for personal injury or for damage to personal property. (d) Nothing in this section shall limit the liability of an independent concessionaire, or any person or organization other than the public entity, whether or not the person or organization has a contractual relationship with the public entity to use the public property, for injuries or damages suffered in any case as a result of the operation of a hazardous recreational activity on public property by the coneeeeionafre, person, or organization. (Amended by Stats.1995, c. 597 (A.B.700), § 1.) T Historical and Statutory Notes 1995 Legislation "windan1mi"; and added the second sentence defining The 1995 amendment, in subd. (b)(3), in the first sen- mountain bicycling. tence inserted "mountain bicycling", "paragiiding", and Law Review and Journal Commentaries Review of selected 1995 California legislation. 27 Pac. LJ. 349 (1996). Additions or changes indicated by underline; deletions by aslerftka 24 _ MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL FROM: MAYOR CHANG AND COUNCILWOMAN HERRERA, CHINO HILLS/DIAMOND BAR SUB -COMMITTEE RE: PROPOSED AMENDED TRES HERMANOS CONSERVATION AUTHORITY JOINT EXERCISE OF POWERS AGREEMENT DATE: JANUARY 19, 1999 RECOMMENDATION: It is recommended that the City Council approve the amended Tres Hermanos Conservation Authority joint exercise of powers agreement; and, direct the Mayor to execute the joint exercise of authority of powers agreement. DISCUSSION: The 2,500 acre Tres Hermanos Ranch is located in the Cities of Chino Hills (approximately acres) and Diamond Bar (approximately 800 acres). The Tres Hermanos Ranch is owned by the Industry Urban Development Agency. This undeveloped and unplanned property is the largest land area remaining, within Diamond Bar. The Tres Hermanos Ranch property is one of the largest, single owner parcels remaining, in Chino Hills. Because of proximity of the property to each of the cities, the planning and conservation of the Tres Hermanos Ranch is most appropriately a cooperative and coordinated effort. To that end, the respective sub -committees of the Councils of Chino Hills and Diamond Bar promulgated a draft Tres Hermanos Conservation Authority joint exercise of powers agreement, for each of Cities' City Councils to consider and approve. In May, 1998, the Diamond Bar City Council approved a draft of the proposed Tres Hermanos Conservation Authority JPA. Subsequently, the City Attorneys for Diamond Bar and Chino Hills incorporated amendments to the THCA/JPA. The amended THCA/JPA is enclosed herewith. The purpose of the Tres Hermanos Conservation Authority joint exercise of powers agreement (THCA) is to provide for land use planning, transportation planning, impact mitigation planning and environmental conservation for the entirety of the Tres Hermanos Ranch property. The THCA/JPA would be between the Cities of Chino Hills and Diamond Bar. Each member city would have two representatives on the THCA governing board. The City of Industry/Industry Urban Development Agency has indicated that it does not wish to be a member agency of the THCA/JPA. Instead, Industry has indicated that it would participate in the planning process through a memorandum of understanding (MOU). THCA JANUARY 19,1999 PAGE TWO The funding of the THCA would be on an "as needed" basis, contingent upon active studies, analyses, reports and other activities that the THCA deems necessary. The Member Cities would fund activities as appropriate. The City Attorneys of Chino Hills and Diamond Bar have reviewed the draft joint powers agreement, as to it's form. The members of the Chino Hills/Diamond Bar sub -committee recommend the approval of the Tres Hermanos Conservation Authority joint exercise of powers agreement. JOINT EXERCISE OF POWERS AGREEMENT TRES HERMANOS CONSERVATION AUTHORITY This Joint Exercise of Powers Agreement (the "Agreement'), dated for reference _ is by and among the cities of Chino Hills, California; and Diamond Bar, California (collectively, the "Cities')_ Each of the Cities is a municipal corporation duly organized and existing under the Constitution and laws of the State of California. The address of the principal business office of the individual Cities is a follows: City of Chino Hills, 2001 Grand Avenue, Chino Hills. California; City of Diamond Bar, 21660 East Copley Drive, Suite 100, Diamond Bar. This Agreement is made pursuant to the Joint Exercise of Powers Law (Articles 1 through 4 {commencing with Section 65001 of Chapter 5, Division 7, Title 1 of the California Government Code, as now or hereafter amended, herdnafter the "Act's. PREAMBLE WHEREAS, there exists a large undeveloped area of real property commonly known as the Tres Hermaanos Ranch ("the Ranch"), the majority of which is owned by the City of Industry's Urban Development Agency, and which is located within the incorporated boundaries of the City of Diamond Bar and the City of Chino FMIs; and WHEREAS, the Ranch may serve as an important environmental, scientific, educational and recreational resource as well as an integral traffic/laad use component of the sub -region for which future land use and transportation decisions require careful and comprehensive planning to best serve future generations and public interests of Al these Jurisdictions; and WHEREAS, each of the Cities has determined that there is a need to develop a systematic process for coordination of the planning and development of the Ranch; and WHEREAS, each of the Cities has determined that the creation and use by the Cities of a single entity to plan and coordinate the future development of the Ranch will allow for rational, regional land use planning, importation Planning. impact mitigation planning, environmental conservation. as well as enable the Cities to realize significant cost savings and administrative efficiencies_ NOW, THEREFORE and in consideration of the foregoing and of the mutual covenants and promises herein set forth, the Cities agree as follows: ARTICLE I PURPOSE AND ADMINISTRATION (1) Purpose. the purpose of this Agreement is to create a public entity to coordinate the overall development and conservation of the Ranch, by preparing studies, plans, environmental reviews and similar information and by malting recommendations to its members to take such actions, including but not limited to acx w5rbon and eminent domain, as are necessary to implement its recommendations. (2) Creation of Authority. Pursuant to the Act, there is hereby created a public entity to be known as the Tres Hermanos Conservation Authority (the "Authority"). The Authority shall be a public entity separate and apart from each of the Cities, and shall administer this Agreement. (3) Board. (a) Created. The Authority shall be administered by a Board of Directors (the "Board"). The Board shall be called the "Board of Directors of the Tres Htmnanos Conservation Authority." All voting power of the Authority shall reside in the Board. (b) Directors. The City Council of each of the Cities shall appoint two Directors and one alternate to the Board. Each City Director and alternate shall be a member of the City Council of the party hereto which appoints such Director and alternate and a vacancy shall be declared if any Director or alternate shall cease service on the appointing Iegislative body_ (c) Compensation; Expenses. Directors and alternates shall receive reasonable compensation for each meeting of the Board attended. The amount of said compensation shall be determined by the Board of Directors from time to time but shall not exceed an amount that is usual and customary. Each Director and alternate may be reimbursed for his or her necessary expenses including travel incurred in connection with his or her services as Director, pursuant to resolution of the Board. (4) Meetings of the Board. (a) Regular Meetings. Regular meetings of the Board shall be held at p.m. on the ( d) of every month or at such other time as the Board may fix by resolution from time to time, and if any day so fixed shall fall upon a legal holiday, then, upon the next succeeding business day at the same hour. No notice of any regular meeting of the Board need be given to the Directors. (b) Special Meetings. Special meetings of the Board may be called in accordance with the provisions of Section 54956 of the California Government Code. (c) Call, Notice and Conduct of Meetings_ All meetings of the Board, including without limitation, regular, adjourned regular and special meetings, shall be called, noticed, held and conducted in accordance with the provisions of Sections 54950 et seq. of the California Government Code. (5) Minutes. The Secretary (as defined in Article II, Paragraph (3) hereof) shall cause to be kept minutes of the meetings of the Board, and shall, as soon as possible after each meeting, cause a copy of the minutes to be forwarded to each Director and to each of the Cities. (6) Voting. Each Director and each alternate shall have one vote. Said vote can only be exercised by the Director or alternate in attendance at the meeting and no alternate may vote if the Director for whom that alternate was appointed is in attendance at the time the vote is to be cast. In no event shall any City have more than two votes. (7) Quorum; Required Votes; Approvals. A majority of the Board shall constitute a quorum for the transaction of business, except that less than a quorum may adjourn meetings of the Board_ (8) By-laws. The Board may adopt by-laws, rules and regulations for the conduct of its meetings or as are necessary for the purposes hereof. (9) Fiscal Year_ The fiscal year of the Authority shall be from July l of one year to June 30 of the following year, or any other twelve-month period hereafter designated by the Directors. (10) Personnel. The Board shall be responsible for the regulation of all personnel activities, including but not limited to the selection, recruitment, discipline, and discharge of any Authority staff. The Board may designate an Executive Director or another person to exercise the authority of the Board to perform any or all of the duties of this Section (10) and to take such action as is necessary and appropriate with regard to those duties. ARTICLE II OFFICERS AND EMPLOYEES (1) Chair. The Authority shall have a Chair who shall be a Director and who shall be selected as Chair by the Board and whom shall perform the duties normal to said office. The Chair may sign contracts on behalf of the Authority, and shall perform such other duties as may be imposed by the Board. (2) Vice -Chair. The Authority shall have a Vice -Chair who shall be a Director and who shall be selected as Vice -Chair by the Board. In the absence of the Chair the Vice -Chair shall perform the duties of the Chair and shall perform all duties normal to such office. (3) Secretary. The Authority shall have a Secretary who shall be selected by the Board and shall perform all duties normal to such office. (4) Treasurer and Auditor. Pursuant to Sections 6505.5 and 6505.6 of the Act, the Board shall appoint a Treasurer, or in the alternative, a certified public accountant to serve as the treasurer/auditor of the Authority. The Treasurer/Auditor shall be the depositary, shall have custody of all of the accounts, fiords and money of the Authority from whatever source, shall have the duties and obligations set forth in Sections 6505 and 605.5 of the Act and shall assure strict accountability of all funds and reporting of all receipts and disbursements of the Authority. As provided in Section 6505 and Section 6505.6 of the Act, the Treasurer/Auditor shall m *e arrangements with a certified public accountant or fum of certified public accountants for an annual independent audit of accounts and records of the Authority_ (5) Executive Director. The Board may appoint an Executive Director by a majority vote of the whole Board and may delegate authority to the ):xecutive Director to execute contracts approved by the Board and to perform any duties necessary and appropriate for the day -today management and operation of the Authority. (6) Officers in Charge of Records, Funds and Accounts. Pursuant to Section 6505.1 of the Act, the Treasurer/Auditor shall have charge of, handle and have access to all accounts, hmds and money of the Authority and all records of the Authority relating thereto; and the Secretary shall have charge of, handle and have access to all other records of the Authority. (7) Bonding Persons Having Access to Public Capital Improvements. From time to time, the Board may designate persons, in addition to the Secretary and the Treasurer/Auditor, having charge of, handling or having access to any records, funds or accounts and may designate the respective amounts of the official bends of the Secretary and the Treasurer/Auditor and such other persons pursuant to Section 6505.1 of the Act. (8) General Counsel. The Board may appoint a General Counsel of the Authority who shall provide legal advice and perform such other duties as may be prescribed by the Board. (9) Other Employees. The Board shall have the power to appoint and employ such other employees, consultants and independent contractors as may be necessary to accomplish the purposes of this Agreement. (10) Assistant Officers. The Board may appoint such assistants to act in the place of the Secretary or other officers of the Authority (other than any Director) as the Board shall from time to time deem appropriate. (11) Removal and Reappointment. Unless otherwise expressly stated herein, all employees of the Authority shall serve at the pleasure of the Board. ARTICLE III POWERS (1) General Powers_ The Authority shall exercise in the manner herein provided the powers common to each of the Cities and necessary or appropriate to the accomplishment of the purposes of this Agreement, namely, to facilitate the planning and regional coordination of development of the Ranch and to make recommendations to the Cities relative to implementation of plans and studies. (2) Specific Powers_ The Authority is hereby authorized, in its own name, to do all acts necessary for the exercise of the foregoing powers, including but not limited to, any or all of the following: (a) to make and enter into contracts; (b) to acquire land by way of gift, devise, purchase, exchange, exaction or eminent domain; (c) to employ agents or employees, (d) to accept donations of fiords and services from member Cities and others; (e) to apply for, accept, receive and disburse gnmts, loans and other aid from any agency of the United States of America, the State of California, or of the County of Los Angeles; (f) to sue and be sued, (a) to invest any money in the treasury pursuant to Section 6505.5 of the Act that is not required for the immediate necessities of the Authority, as the Board determines is advisable, in the same manner and upon the same conditions as locid agencies, pursuant to Section 53601 of the California Government Code; (h) to carry out and enforce all the provisions of this Agreement, (i) to exercise any and all other powers as may be provided in the Act. (3) Obligations of Authority. The debts, liabilities and obligations of the Authority shall not be the debts, liabilities and obligations of any or all of the Cities_ ARTICLE N CONTRIBUTION: ACCOUNTS AND REPORTS; FUNDS (1) Contributions_ Each of the Cities may in the appropriate circumstance when required hereunder: (a) make contributions from their treasuries for the purposes set forth herein, (b) make payments of public funds to defray the cost of such piuposes, (c) make advances of public fiords for such purposes, such advances to be repaid as provided herein, or (d) use its personnel, equipment or property in lieu of other contributions or advances. The provisions of Section 6513 of the California Government Code are hereby incorporated into this Agreement. (2) Accounts and Reports. The Treasurer/Auditor shall establish and maintain such fimds and aunts as may be required by any applicable laws or regulations and good accounting practice. The books and records of the Authority in the hands of the Treasurer/Auditor shall be open to inspection at all reasonable times by representatives of the Cities. The Treasurer/Auditor, within 120 days after the close of each fiscal year, shall give a complete written report of all financial acclivities for such fiscal year to the Cities. (3) Funds_ Subject to the applicable provisions of any instrument or agreement into which the Authority may enter, which may provide for a trustee to receive, have custody of and disburse Authority funds, the Treasurer/Auditor of the Authority shall receive, have the custody of and disburse Authority funds in accordance with generally accepted accounting practices, shall approve demands against the Authority pursuant to Government Code Section 6505.5(e), and shall snake the disbursements required by this Agreement or necessary to carry out any of the provisions or purposes of this Agreement. (4) Annual Budget and Administrative Expenses_ The Board shall adopt a budget for administrative expenses, which shall include all expenses not included m any financing issue of the Authority, prior to the commencement of each fiscal year. ARTICLE v TERM; DISPOSITION OF ASSETS (1) Term_ This Agreement shall continue in full force and effect so long as two or more member Cities remain parties to this Agreement. (2) Disposition of Assets. Upon the winding up and dissolution of the Authority, after paying or adequately proidding for the debts and obligations of the Authority, the remaining assets of the Authority shall be distributed to the parties to the Agreement If for any reason the parties to the Agreement are unable or unwilling to accept the assets of the Authority, said assets will be distributed to the State of California or any local government for public purposes. (3) 'Withdrawal. Any party may withdraw from its status as a patty to this Agreement at the end of any given fiscal year provided that at such time said party has either discharged, or arranged for, to the satisfaction of the retraining members of the Board, the discharge of any pending obligation it has assumed hereunder, and further provided that written notice of intention to so withdraw has been served upon the Board and the City Clerk of each party hereto no later than April 30'h preceding the end of the fiscal year. (4) Continuation. The inclusion of additional parties to this Agreement or the withdrawal of some, but not all, of the parties to this Agreement shall not be domed a dissolution of the Authority nor a termination of this Agreement. The Authority shall continue to exist and this Agreement shall continue in full force and effect so Iong as there shall be at least two parties to this Agreement. ARTICLE VI GENERAL PROVISIONS (1) Notices. Any notices required by or given pursuant to this Agreement shall be in writing and shall be delivered to the City Clerk of each of the Cities at the address of the principal business offices of the respective Cities Iisted in the introduction of this Agreement or at such other address as any City may specify in writing to the Authority. (2) Govetming Law. This Agreement shall be deemed to have been made and shall be construed and interpreted in accordance with the laws of the State of California. (3) Headings. The articles and paraaph headings contained in this Agreement are for the convenience of reference only and are not intended to defvie, limit or describe the scope of any provision of this Agreement - (4) Consent. Whenever any consent or approval is required by this Agreement, such consent or approval shall not be unreasonably withheld. (5) Amendments. This Agreement may be amended at any time, or from time to time by one or more supplemental agreements executed by all of the parties to this Agreement either as required to carry out any of the provisions of this Agreement or for any other purpose. (6) Enforcement By Authority. The Authority is hereby authorized to take any or all legal or equitable actions, including but not limited to iniunctiton and specific performance, necessary or permitted by lave to enforce this Agreement. (7) Severability. Should any part, term or provision of this Agreement be decided by any court of competent jurisdiction to be illegal or in conflict with any law of the State of California, or otherwise be rendered unenforceable or ineffectual, the validity of the remaining parts, terns, or provisions of this Agreement shall not be affected thereby. (8) Successors_ This Agreement shall be binding upon and shall inure to the benefit of the successors of the Cities, respectively. None of the Cities may assign any right or obligation hereunder without the written consent of the other Cities. (9) New Parties. Upon approval by the Board and by their governing bodies, additional Cities or public agencies may become parties to this Agre=ent_ (10) Execution in Counterparts. This Agreement may be executed on behalf of the respective Cities in one or more counterparts all of which collectively shall constitute one document and agreement. (11) Effective Date. This Agreement shalltake effect upon its exert:tion on behalf of the last of the Cities to do so. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their proper officers thereunto duly authorized and their official seals to be hereto affixed, on the day and year set opposite the name of each of the parties. CITY OF CHINO HILLS Dated: ATTEST: (Seal) CITY OF DIAMOND BAR Dated: ATTEST: (Seal) 2 3 REDEVELOPMENT AGENCY OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE BOARD OF DIRECTORS DECEMBER 16, 199$ Ah- lk'Al CALL TO ORDER: Chair/Ansari called the meeting to order at 10:55 p.m. in the South Coast Air Quality Management District Auditorium, 21865 E. Copley Drive; Diamond Bar, California. ROLL CALL: Agency Members Chang, Herrera, O'Connor, Vice Chairman Huff, Chair/Ansari. Also present were: Terrence L. Belanger, Executive Director; Michael Jenkins, Agency Attorney; James DeStefano, Deputy City Manager; Bob Rose, Community Services Director; Mike Nelson, Communications & Marketing Director; Linda Magnuson, Assistant Finance Manager; Rose Manela, Assistant Civil Engineer and Lynda Burgess, Agency Secretary. PUBLIC COMMENTS: None CONSENT CALENDAR: AM/Chang moved, VC/Huff seconded, to approve the Consent Calendar. Motion carried by the following Roll Call vote: AYES: AGENCY MEMBERS - Chang, Herrera, O'Connor, VC/Huff, Chair/Ansari NOES: AGENCY MEMBERS - None ABSENT: AGENCY MEMBERS - None 3.1 APPROVED MINUTES: 3. 1.1 Regular Meeting of November 17, 1998 - As submitted. 3.1.2 Regular Meeting of December 1, 1998 - As submitted. 3.2 APPROVED VOUCHER REGISTER - dated December 15, 1998 in the amount of $7,124.70. 3.3 ADOPTED RESOLUTION NO. RA98-10: A RESOLUTION OF THE DIAMOND BAR REDEVELOPMENT AGENCY AUTHORIZING PAYMENT BY THE AGENCY FOR PART OF THE COST OF THE INSTALLATION AND CONSTRUCTION OF STREET IMPROVEMENTS - in the amount of $34,695. 3.4 APPROVED CONTRACT AMENDMENT FOR DEWAN, LUNDIN & ASSOCIATES FOR THE BREA CANYON ROAD BETWEEN PATHFINDER ROAD AND THE SOUTHERLY CITY LIMITS AND BREA CANYON CUT- OFF ROAD BETWEEN DIAMOND BAR BOULEVARD AND THE WESTERLY CITY LIMITS STREETSCAPE AND STREET IMPROVEMENT PROJECT - and authorized the Chair to execute a contract amendment with Dewan, Lundin & Assoc. in an amount not to exceed $34,695. 3.5. RECEIVED AND FILED ANNUAL FINANCIAL REPORT AND FINAL DECEMBER 15, 1998 PAGE 2 REDEV. AGENCY INDEPENDENT AUDIT REPORT FOR THE YEAR ENDED JUNE 30, 1998. 4. PUBLIC HEARINGS: None 5. OLD BUSINESS: None 6. NEW BUSINESS: None 7. AGENCY MEMBER COMMENTS: AM/O'Connor asked for an update regarding the pending lawsuit. Chair/Ansari stated that a Redevelopment Agency Committee meeting would be set within the next week. AGENCY ADJOURNMENT: There being no further business to conduct, Chair/Ansari adjourned the meeting at 11:00 p.m. ATTEST: Chairwoman LYNDA BURGESS Agency Secretary REDEVELOPMENT AGENCY OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE BOARD OF DIRECTORS JANUARY 5, 1999 CALL TO ORDER: Chair/Ansari called the meeting to order at 117:19 p.m. in the South Coast Air Quality Management District Auditorium, 21865 E. Copley Drive, Diamond Bar, California. ROLL CALL: Agency Members Herrera, O'Connor, Vice Chairman Huff, Chairwoman/Ansari. Agency Member Chang was excused. Also present were: Terrence L. Belanger, Executive Director; Michael Jenkins, Agency Attorney; James DeStefano, Deputy City Manager; David Liu, Deputy Director of Public Works; Bob Rose, Community Services Director; Mike Nelson, Communications & Marketing Director; Linda Magnuson, Assistant Finance Manager and Lynda Burgess, Agency Secretary. 2. PUBLIC COMMENTS: None Offered. 3. CONSENT CALENDAR: AM/O'Connor moved, VC/Huff seconded, to approve the Consent Calendar as submitted. Motion carried by the following Roll Call vote: AYES:' AGENCY MEMBERS - Herrera, O'Connor, VC/Huff, Chair/Ansari NOES: AGENCY MEMBERS - None ABSENT: AGENCY MEMBERS - Chang 3.1 APPROVED VOUCHER REGISTER - dated January 5, 1999 in the amount of $27,186.96. 3.2 RECEIVED & FILED TREASURER'S REPORT - for November, 1998. AGENCY ADJOURNMENT: There being no further business to conduct, Chair/Ansari adjourned the meeting at 10:21 p.m. LYNDA BURGESS Agency Secretary ATTEST: Chairwoman DIAMOND BAR REDEVELOPMENT AGENCY INTEROFFICE MEMORANDUM TO: Chairman Ansari and ddlBoard of Directors FROM: Linda G. Magnuson;"Asst. Finance Director SUBJECT: Voucher Register, January 19, 1999 DATE: January 14, 1999 Attached is the Voucher Register dated January 19, 1999 for the Diamond Bar Redevelopment Agency. The checks will be produced after any recommendations and the final approval is received. Please review and sign the attached. DIAMOND BAR REDEVELOPMENT AGENCY VOUCHER REGISTER APPROVAL The attached listing of vouchers dated JANUARY 19, 1999 have been reviewed, approved, and recommended for payment. Payments are hereby allowed from the following funds in these amounts FUND DESCRIPTION PREPAID VOUCHERS TOTAL 610 REDEVELOPMENT AGENCY FUND .00 18,754.67 18,754.67 REPORT FOR ALL FUNDS APPROVED BY: Assistant Finance Director TJerrence L. Belanger Executive Director .00 Eileen R. Ansari Chairman Robert S. Huff Vice Chairman 18,754.67 18,754.67 01/19/99 CITY OF DIAMOND BAR ACCOUNTING PERIOD. 7/99 BATCH PAYABLES EDIT LIST RECORD BATCH ENTERED Et1CIR1B M P/F FUND/SEC ACCOUNT VENDOR VENDOR NAME SINGLE CK PERIOD DUE CASH ACCT 1099 PROJ/TAS ACCOUNT INVOICE DESCRIPTION INV DATE HOLD 4685 90119R 01/19/99 8075-1 P 6107110 44000 ROSENGW ROSENOW SPEVACEK GROUP INC N 7/99 LBT 01/19/99 10100 N RDA CONSULTING SRVCS-NOV 01/19/1999 Y 4686 90119R 01/19199 7993-1 P 6107110 44020 STRAOLIN STRADLINO YOCCA CARLSON & RAUTH N 7/99 LBT 01/19/99 10100 N 013 SPECIAL LEGAL SVCS -OCT 01/19/1999 Y 4687 90119R 01/19/99 7993-1 F 6107110 44020 STRADLIN STRADLING YOCCA CARLSON & RAUTH N 7/99 LBT 01/19/99 10100 N 013 SPECIAL LEGAL SVCS-NOV 01/19/1999 Y 4688 90119R 01/19/99 8202-1 P 6107110 44020 STRADLIN STRADLING YOCCA CARLSON & RAUTH N 7/99 LBT 01/19/99 10100 N 013 SPEC LEGAL SVCS-NOV 01/19/1999 Y 4689• 90119R 01/19/99 8159-1 F 6107110 41200 PFPETTIB P.F. PETTICBONE & CO N 7/99 LBT 01/19/99 10100 N 12344 BLACK MNT BOOK BINDERS 01/19/1999 Y EXCEEDS ENCUMBRANCE BALANCE TOTAL BATCH liljps: 1d! til PAGE i AMOUNT DISCOUNT 4,400.70 .00 9,518.86 .00 481.13 .00 3,778.25 .00 575.73 .00 18,754.67 .00 18,754.67 .00