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HomeMy WebLinkAbout1/5/1999DIAMOND BAR CITY COUNCIL RULES (ALSO APPLIES TO COMMISSION AND COMMITTEE MEETINGS) PUBLIC INPUT The meetings ofthe Diamond Bar City Council are open to the public. A member ofthe 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 addreas the Council should be submitted in person to the City Clerk As a general rule the opportunity for public conunerns will take place at the discretion of the Chair. However, in order to facilitate the meeting, persons who are interested patties for an item may be requested to give their presentation at the time the item is called on the calendar. The Chair may limit the public input on any item or the total amount of time allocated for public testimony based on the number of people requesting to speak and the business ofthe Council. Individuals are requested to refrain from personal attacks towards Council Members or other citizens. Comments which are not conducive to a positive business netting environment are viewed as attacks against the entire City Council and will not be tolerated Your cooperation a greatly appreciated In accordance with Government Code Section 34954.3(a) the Chair may from time to time dispense with public oommurn 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 moat be posted at least 72 hours prior to the Council meeting. In can of emergency, or when a subject matter anises subsequent to the posting of the agenda, upon making certain findings the Council may act on an item that is not on the poded agenda. CONDUCT IN THE CITY COUNCIL CHAMBERS The Chair shall order removed from the Council Chambers any person who corrmits the following acts in respect to a regular or special meeting ofthe Diamond Bar City Council. A. Disorderly behavior toward the Council or any member ofthe staffthhcm& tending to interrupt the due and orderly course of said meeting. B. A breach ofthe peace, boisterous conduct or 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 aro 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 a.m. 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. 1. CLOSED SESSION: STUDY SESSION: (14d j -5k &Lc ,, 6.. 2. CALL TO ORDER: PLEDGE OF ALLEGIANCE: INVOCATION: ROLL CALL: Next Resolution No. 99-01 Next Ordinance No. 01(1999) 4:00 P.M -CC -8 Continuation of City Manager 'Evaluation (G.C. 54957 - Public Employee Performance Evaluation) P.M. CC -8 a) Discussion of Subdivision Ordinance b) Goals for 1999-2000 Y" 6—,SzU p.m., January 5, 1999 Monsignor Loughnane, St. Denis Catholic Church Council Members Ansari, Herrera, Huff, Mayor Pro Tem O'Connor, Mayor Chang APPROVAL OF AGENDA: Mayor PT'/O ` Cary no 3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 3.1 Presentation of Certificate of Recognition to the D.B. High School Football Team on winning the CIF Division II Football Championship 1998. 3.2 Presentation of Certificates of Participation by Capt. Richard Martinez, Walnut Sheriff's Station to C/Huff, MPT/O'Connor and CM/Belanger for their participation in the L.A. County Sheriff/City Council Sheriff Academy. 4. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Although the City Council values your comments, pursuant to the Brown Act, the Council generally cannot take any action on items not listed on the posted agenda. Please complete a Speaker's Card and give it to the City Clerk (completion of this form is voluntary). There is a five minute maximum time limit when addressing the City Council. JANUARY 5, 1999 PAGE 2 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 - 8:00 a.m. - 5:00 p.m. 5.3 PLANNING COMMISSION - January 12, 1999 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.4 TRAFFIC & TRANSPORTATION COMMISSION - January 14, 1999 - 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. 5.5 CITY COUNCIL MEETING - January 19, 1999 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.6 COMMUNITY CENTER/CIVIC CENTER TASK FORCE - January 20, 1999, 6:30 p.m., AQMD, 21865 E. Copley Dr. 6. CONSENT CALENDAR: 6.1 APPROVAL OF MINUTES - Study Session of November 17, 1998 - Approve as submitted. Requested by: City Clerk 6.2 PLANNING COMMISSION MINUTES: 6.2.1 Regular Meeting of October 27, 1998 - Receive & File. 6.2.2 Regular Meeting of November 10, 1998 - Receive & File. Requested by: Community Development Division 6.3 PARKS & RECREATION COMMISSION MINUTES - Regular Meeting of November 19, 1998 — Receive and File. Requested by: Community Services Division 6.4 VOUCHER REGISTER - Approve Voucher Register dated January 5, 1999 in the amount of $944,968.41. Requested by: City Manager 6.5 TREASURER'S REPORT - for the month of November, 1998 - Receive and File. Requested by: City Manager 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 JANUARY 5, 1999 PAGE 3 Dodge Caravan. Pursuant to the City's Purchasing Ordinance, City Council must grant approval for the City Manager to sign the necessary purchasing documents because the cost of the vehicle exceeds Ten Thousand Dollars ($10,000). With Council approval, staff, intends to purchase a mini -van from Lasher GMC/Dodge in the amount of $21,088.18. Recommended Action: It is recommended that the City Council authorize the City Manager to purchase the 1999 Dodge Caravan from Lasher GMC/Dodge in the amount of $21,088.18. Requested by: City Manager 6.7 AWARD OF CONTRACT TO BIEBER LIGHTING CORPORATION FOR THE REPLACEMENT OF TENNIS/BASKETBALL COURT LIGHTING FIXTURES AT RONALD REAGAN PARK - There are 22 lighting fixtures mounted on 14 poles at Ronald Reagan Park to provide for the lighting of the three tennis courts and one basketball court. In order to re-establish the lighting levels necessary for safe night-time play and to reduce the glare experienced by residents who live adjacent to the park, it is necessary to replace the existing light fixtures. In order to obtain a qualified contractor to provide the professional services necessary to provide this maintenance work, staff released a Request for Proposals (R.F.P.). There was one response to the R.F.P., which was from Bieber Lighting. After checking the status of their contractors license and 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 are experts at controlling light glare. Recommended Action: It is recommended that the City Council award a contract to Bieber Lighting Corp. for the replacement of tennis/basketball court lighting fixtures of Ronald Reagan Park in the amount of $16,556. It is further recommended that the City Council appropriate $1,556 from General Fund reserves for this project, to fully fund its cost. Requested by: Community Services Division 7. PUBLIC HEARINGS: 7:00 p.m., or as soon thereafter as matters may be heard. 7.1 CONTINUED PUBLIC HEARING - REVIEW OF DRAFT SUBDIVISION ORDINANCE NO. 01(1999): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING DETAILED SUBDIVISION REGULATIONS - A subdivision of land for the purpose of sale, lease or finance is governed by the JANUARY 5, 1999 PAGE 4 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. A draft Subdivision Ordinance has been prepared specifically tailored for the City. The Planning Commission has reviewed the Ordinance and recommends its adoption by the City Council. The Ordinance was presented at a City Council public hearing on December 1, 1998. The,public hearing was continued to December 15, 1998. On December 15, 1998, the Council continued. the Ordinance's public hearing to January 5, 1999 and scheduled a study session for January 5, 1999 at 5:00 p.m. Recommended Action: It is recommended that the City Council receive public testimony, close the public hearing and approve for first reading by title only, waive full reading of Ordinance No. 01(1999). Requested by: Planning Division S. 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 have been 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 D.B. Municipal Code and to administer Twenty -Four Hour Parking Permits for parking of unattached trailers and semitrailers. Recommended Action: It is recommended that the City Council waive full reading and approve the first reading of Ordinance No. 0X(1999) establishing a permit system for the parking of unattached trailers and semitrailers and amending Section 10.16.190 of the D.B. Municipal Code." (B) ORDINANCE NO. 0X(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 the City Council to create preferential parking districts, wherein vehicles displaying a valid permit shall be exempt from parking JANUARY 5, 1999 PAGE 5 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. Therefore, staff recommends that the City Council waive full reading and approve for first reading of the Ordinance to create Preferential Parking Districts One -and Two and to amend the Municipal Code in order to develop and administer Annual and Temporary Parking Permits. Recommended Action: It is recommended that the City Council waive full reading and approve for first reading of Ordinance No. 0X(1999) creating preferential parking district numbers one and two and amending the Municipal Code in accordance therewith. Requested by: City Manager 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. 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 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 contract for service. Therefore, the Inland Valley Humane Society Board of Directors will not alter the termination procedures in the City of Diamond Bar 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 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 JANUARY 5, 1999 PAGE 6 CENTER COMPLEX - The City Council has established a task force to consider the 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, to the Council. 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 the Council with the recommendations of the Task Force. Staff interviewed 6 consultant firms that responded to the RFP for this project. Staff recommends the selection of the consultant team of LPA and the Roth Group. Recommended Action: It is recommended that the City Council award a contract to LPA in the amount of $46,990; it is further recommended that the City Council award a contract to the Roth Group in the amount of $41,357; for the needs assessment, space allocation analysis, conceptual design and public input process for the proposed Civic Center complex. Requested by: Community Services Division 9.2 CONSIDERATION FOR THE ESTABLISHMENT OF A 501(C)(3) NON- PROFIT FOUNDATION TO RAISE FUNDS FOR PARK PROJECTS AND RECREATIONAL NEEDS FOR THE CITY. OF DIAMOND BAR - The Parks Master Plan recommends the establishment of 501(c) (3 ) non -prof it foundation as a method to solicit funding for park capital improvement projects. The Parks and Recreation Commission discussed this issue at their August 27 and September 24, 1998 regular meetings. The Commission voted to recommend the establishment of a 501 (c)(3) non-profit foundation to the City Council. Recommended Action: The Parks and Recreation Commission recommends the' establishment of a 501(c)(3) non-profit foundation with proceeds dedicated to the implementation of the Parks Master Plan and to support the cultural, recreational and human service needs of the City. It is further recommended that the City Council direct staff to JANUARY 5, 1999 PAGE 7 forward the Articles of Incorporation and By -Laws to the City Attorney for approval as to form. Requested by: Community Services Division 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 cannot take any action on items not listed on the posted agenda. Please complete a Speaker's Card and give it to the Agency Secretary (completion of this form is voluntary). There is a five minute maximum time limit when addressing the Redevelopment Agency. 3. CONSENT CALENDAR: 3.1 VOUCHER REGISTER - Approve Voucher Register dated January 5, 1999 in the amount of $27,186.96. 3.2 TREASURER'S STATEMENT - for the month of November, 1998 - Receive and File. Requested by: Executive Director 4. PUBLIC HEARINGS: None JANUARY 5, 1999 PAGE 8 Members are for Council discussion. Direction may be given at this meeting or the item may be scheduled for action at a future meeting. 12. ADJOURNMENT: I� TO: FROM: ADDRESS: ORGANIZATION: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL CITY CLERK ! ��( j -i`► I''�t DATE: At lc T6 LA CPHONE: AGENDA #/SUBJECT:u j��� C �'��� �' I'�k' j ►=^' 1 1 4 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 tt FROM: - K i , ' DATE: ADDRESS: ,"i i--, ,r5e PHONE:_ 6 ORGANIZATION: j 1 AGENDA#/SUBJECT: C ot,,�/G 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 G VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: T) M A) fZ DATE: /-5-11 ADDRESS: ,paid,yiJrs dUf.A PHONE: Al— W03 ORGANIZATION: !kEf" 410iT` AGENDA #/SU BJ ECT: T L t tm t-. Jy &'4"� D � I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. q x �I � f.�•� PJ u J f � i �in"�'i"� Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM:V�'l A0 DATE: /. � y ADDRESS: PHONE: ORGANIZATION: AGENDA #/SUBJECT: �' C� U j 9_ " it w 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: d�-/4'r����a /u DATE: _ ADDRESS: ` 7 �-S C� r PHONE: ORGANIZATION: i2FS AGENDA #/SUBJECT:A����V I expect to address the Council on the name and address as written above. S�natu have the Council Minutes reflect my D TO: FROM: ADDRESS: ORGANIZATION: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL AGENDA #/SUBJECT: CITY CLERK U, Sk �'�A+�-'"sew DATE: litI/A'r,�l14, PO PHONE���?'$`��-3?% Ok'd 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 M 11 -et ( DATE: ADDRESS: :Z G3 r�a� + 'Or PHONE: * 1 • ORGANIZATION: c� AGENDA #/SUBJECT: A r� I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. �"f8ignature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: i LcE 4 s1 DATE: Zztr1q 9 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 TO: FROM: ADDRESS: ORGANIZATION: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL CITY CLERK e,4' DATE: PHONE:'; AGENDA #/SUBJECT: -57'k C6-"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. Signature nil TO: FROM: ADDRESS: ORGANIZATION: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL CITY CLERK AGENDA #/SUBJECT: 16— DATE: 4"— PH ON E: "PHONE:�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. TO: F=ROM: ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL CITY CLERK DATE: n PHONE: S I expect to address the Council on the subject agenda name and address as written above. 7 lease have ouncil Minutes reflect my nature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: /"t Q /' 6�J�P/'� z _ DATE: ADDRESS: Lt) F/ -e �C� PH0NE:�/,)y��s/1y� ORGANIZATION: 6 f s,e 04r,G'cru D AGENDA #/SUBJECT: Are ��- re<��/Gtr pa,41 ytc I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature CITY OF DIAMOND BAR "QUICK CAP" MINUTES JANUARY 5, 1999 1. CLOSED SESSION: 4:00 p.m., Room CC -8 Continuation of City Manager Evaluation (G.C. 54957 - Public Employee Performance Evaluation) STUDY SESSION: 4:50 p.m., Room CC -8 a) Discussion of Subdivision Ordinance b) Goals for 1999-2000 ADJOURNED STUDY SESSION: 6:09 p.m. 2. CALL TO ORDER: 6:40 o.m. PLEDGE OF ALLEGIANCE: Led by Council Member Ansari INVOCATION: Monsignor Loughnane, St. Denis Catholic Church ROLL CALL: Council Members Ansari, Herrera, Huff and Mayor Pro Tem O'Connor. Mayor Chang was excused. Also present were: Terrence L. Belanger, City Manager; Mike 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: Following staff's recommendation, Council agreed to continue Item 8.2 (Inland Valley Humane Society Contract). 3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 3.1 Presented Certificates of Recognition to the D.B. High School Football Team on winning the CIF Division II Football Championship 1998. 3.2 Received presentation of two cellular telephones from Airtouch Cellular for the Community Volunteer Patrol. 3.2 Presented Certificates of Participation by Capt. Richard Martinez, Walnut Sheriff's Station to C/Huff, MPT/O'Connor and CM/Belanger for their participation in the L.A. County Sheriff/City Council Sheriff Academy. 4. PUBLIC COMtdENTS: Jerry Hamilton - Promoted D.B.'s programs for seniors. Specifically spoke in regard to the bowling program at Oak Tree Lanes with a new league beginning January 26th. JANUARY 5, 1999 PAGE 2 Jim Maiers - Regarding illegal towing of a vehicle. Dr. Lawrence Rhodes - Complained about treatment by Walnut Sheriff Officers during a confrontation with animal control officers last month. Reported that his 3 dogs had been picked up and held by the Humane Society and one of them died last week while incarcerated. Jeff Koontz, Exec. Dir., D.B. Chamber of Commerce - announced upcoming Chamber events. 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, 1999 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.4 TRAFFIC & TRANSPORTATION COMMISSION - January 14, 1999 - 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. 5.5 CITY COUNCIL MEETING - January 19, 1999 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.6 COMMUNITY CENTER/CIVIC CENTER TASK FORCE - January 20, 1999, 6:30 p.m., AQMD, 21865 E. Copley Dr. 6. CONSENT CALENDAR: Moved by C/Huff, seconded by C/Ansari to approve the Consent Calendar with the exception of Items No. 6.6 and 6.7. Motion carried 4-0-1 by Roll Call vote (M/Chang absent). 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. 6.5 RECEIVED & FILED TREASURER'S REPORT - for the month of 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 JANUARY 5, 1999 PAGE 3 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 the cost of the vehicle 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 recommended consideration of the purchase of a Dodge Grand Caravan in an amount not to exceed $25,000. C/Huff explained that the Grand Caravan would be more appropriate for transporting adults than the regular Caravan. Moved by C/Huff, seconded by C/Herrera to authorize the City Manager to purchase a Dodge Grand Caravan in an amount not to exceed $25,000. Motion carried 4-0-1 (M/Chang absent). 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 the status of their contractors license and 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 are experts at controlling light glare. Following discussion, C/Ansari moved, C/Herrera seconded to award a contract to Bieber Lighting Corp. for replacement of tennis/basketball court lighting fixtures at Ronald Reagan Park in the amount of $16,556. It is further recommended that the City Council appropriate $1,556 from General Fund reserves for this project to fully fund its cost. Motion carried 4-0-1 by Roll Call vote (C/Chang absent). 7. PUBLIC HEARINGS: 7:00 p.m., or as soon thereafter as matters may be heard. JANUARY 5, 1999 PAGE 4 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 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. A draft Subdivision Ordinance has been prepared specifically tailored for the City. The Planning Commission has reviewed the Ordinance and recommends its adoption by the City Council. The Ordinance was presented at a City Council public hearing on December 1, 1998. The public hearing was continued to December 15, 1998. On December 15, 1998, the Council continued the Ordinance's public hearing to January 5, 1999 and scheduled a study session for January 5, 1999 at 5:00 p.m. Mr. Bruce Jacobsen outlined the process used in developing the proposed ordinance. DCM/DeStefano reviewed changes made to the proposed ordinance during the study session held earlier in the day. MPT/O'Connor re -opened the Public Hearing. There being no testimony offered, MPT/O'Connor closed the Public Hearing. Moved by C/Herrera, seconded by C/Ansari to approve first reading by title only and waive full reading of Ordinance No. 01(1999). Motion carried 4-0-1 by Roll Call vote (M/Chang absent). 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 JANUARY 5, 1999 PAGE 5 24 -Hour Parking Permits for parking of unattached trailers and semitrailers. Roger Myer - Does the permit apply only to overnight parking? CM/Belanger - It's a 24-hour permit. Estella Olin - Asked whether unattached trailers can be used for overnight guests. Moved by C/Huff, seconded by C/Herrera to waive full reading and approve first reading of 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. Motion carried 4-0-1 by Roll Call vote (M/Chang absent). (B) ORDINANCE NO. 0X(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 the residents living where parking is restricted. Moved by C/Herrera, seconded by C/Ansari 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. 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 JANUARY 5, 1999 PAGE 6 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. Staff recommends the selection of the consultant team of LPA and the Roth Group. Moved by MPT/O'Connor, seconded by C/Huff to award contracts to LPA in the amount of $46,990 and to the Roth Group in the amount of $41,357 for the needs assessment, space allocation analysis, conceptual design and public input process for the proposed Civic Center complex. 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 recommends establishment of a 501(c)(3) non-profit foundation as a JANUARY 5, 1999 PAGE 7 method to solicit funding for park capital improvement projects. The Parks & Recreation Commission discussed this issue at their August 27 and September 24, 1998 meetings and agreed to recommend establishment of a non- profit foundation to Council. Moved by C/Herrera, seconded by C/Huff 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. It is further recommended that the City Council direct staff to forward the Articles of Incorporation and By -Laws to the City Attorney for approval as to form. RECESS TO REDEVELOPMENT AGENCY: 10:19 P.M. 1. CALL TO ORDER: Chairwoman Ansari called the meeting to order at 10:19 p.m. in the Auditorium of the South Coast Air Quality Management District, 21865 E. Copley Dr., Diamond Bar, CA. ROLL CALL: Agency Members Herrera, O'Connor, VC/Huff, C/Ansari. AM/Chang was excused. Also present were: Terrence L. Belanger, Executive Director; Mike Jenkins, 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 Manager and Lynda Burgess, Agency Secretary. 2. PUBLIC COMMENTS: None offered. 3. CONSENT CALENDAR: Moved by AM/O'Connor, seconded by VC/Huff to approve the Consent Calendar. Motion carried 4-0-1 (AM/Chang absent). 3.1 APPROVED VOUCHER REGISTER - dated January 5, 1999 in the amount of $27,186.96. 3.2 RECEIVED & FILED TREASURER'S REPORT - for the month of November, 1998. 4. PUBLIC HEARINGS: None 5. OLD BUSINESS: None 6. NEW BUSINESS: None 7. AGENCY ME14BER COMMENTS: None JANUARY 5, 1999 PAGE 8 RECONVENE CITY COUNCIL MEETING: 10:21 p.m. 10. COUNCIL SUB-COMITTEE REPORTS: 11. COUNCIL MEMBER COMMENTS: 12. ADJOURNMENT: At 10:33 p.m. in memory of Cecil Huff. 1. 2. 40�? �� MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR DECEMBER 15, 1998 CLOSED SESSION: 5:00 p.m., Room CC -8 City Manager Evaluation 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 De5tefano, 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. APPROVAL OF AGENDA: As Presented. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 3.1 Presented Certificate of Recognition to Shirley Leon -Seymour, member of the Community Volunteer Patrol. 3.2 Presentation by Airtouch Cellular of two cell phones to the Community Volunteer Patrol. 3.3 Presented Certificate of Recognition to Tom Van Winkle, graduate of North Orange County Leadership Institute, Class of 1998. 3.4 Video presentation by Diamond Bar Improvement Association (Bob Zirbes and Michael Goldenberg) regarding "Paint Our Town." 4. PUBLIC COMMENTS: DECEMBER 15, 1998 0 PAGE 2 Jeff Koontz, Diamond Bar Chamber of Commerce, stated that on December 17, the Chamber mixer will be held at the Scoreboard Sports Bar and 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 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 Diamond Bar Chinese Association. 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 through 15, the Chamber will conduct a strategic planning retreat will be held aboard the cruise ship to Ensenada. Tickets are $400 per person double occupancy. The legislative meeting will be held on the second Thursday at 7:30 a.m. at the Diamond Bar 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. On December 16, 1998 from 12:00 noon to 6:00 p.m. a blood drive will be held at the Pomona Valley Red Cross, 675 North Park Avenue, Pomona. SCHEDULE OF FUTURE EVENTS: 5.1 PARKS & RECREATION COMMISSION - December 17, 1998 - 7:00 P.M., SCAQMD Hearing Board Room, 21865 E. Copley Drive. 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 Drive. 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. DECEMBER 15, 1998 PAGE 3 6.1.3 Regular Meeting of December 1, 1998 - As submitted. 6.2 PARKS & RECREATION COMMISSION MINUTES: 6.2.1. Regular Meeting of September 24, 1998 - Receive & File. 6.2.2 Regular Meeting of October 22, 1998 - Receive & File. 6.3 APPROVED VOUCHER REGISTER - dated December 15, 1998 in the amount of $706,055.86. 6.4 TRANSMITTAL OF COMPREHENSIVE ANNUAL FINANCIAL REPORT AND FINAL AUDIT REPORTS FOR THE YEAR ENDED JUNE 30, 1998 - Receive & File. 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 HEARINGS: 7.1 CONTINUED PUBLIC HEARING - REVIEW OF DRAFT SUBDIVISION ORDINANCE. DCM/DeStefano presented staffs report. M/Chang reopened the Public Hearing. There was no public testimony offered. DECEMBER 15, 1998 1.3 PAGE 4 M/Chang continued the Public Hearing to January 5, 1999. OLD BUSINESS: 8.1 APPROVED 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 for the contract in the amount of $10,000 (1.9% of the total contract). 8.2 8.3 MPT/O'Connor moved, C/Ansari seconded, to approve Amendment No. 1 to the Recreation Contract with the City of Brea. 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 APPROVED EXTENSION OF CONTRACT FOR VENDOR SERVICES WITH THE CITY OF BREA and authorized an additional $4,800 to the City of Brea for information technology technical support. Following discussion, C/Huffmoved, C/Ansari seconded, to approve Extension of Contract for Vendor Services with the City of Brea. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS Ansari, Herrera, Huff, M/Chang MPT/O'Connor None 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 Court, said that there is inadequate parking on his street which goes against the new Codes but which is acceptable to the neighborhood residents. He asked that the Council 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 DECEMBER 15, 1998 PAGE 5 $415 per quarter. CM[/Belanger explained to C/Huff that currently, most of the City's parking enforcement is taking place during the time that CSO's are assigned. In many cases, those violations that are referred to as "parking violations", they are vehicles that are parked and have expired registrations or some other type of disability. The proposal before the Council 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 stated he is opposed to spending more money on enforcement and believes that six months is too long for a test period. CM/Belanger responded to C/Huff that if the City Council wishes to approach this matter differently, COPS funds are available and the City Council has the flexibility from a financial standpoint. C/Huff recommended that the pilot program be initiated for one month with a report back to the City Council. He requested that staff obtain information from the 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 said she is not certain that a nighttime patrol is what the Off -Site Parking Task Force intended. She stated she believes that the Task Force was more concerned about enforcement of the 72 hour parking violations and standalone boats and trailers. CM/Belanger responded to MPT/O'Connor that staff is proposing authorization of two evening shifts in order to ascertain the kinds of violations that exist during those hours when the CSO's are not on duty. Responding to C/Herrera, CM/Belanger stated that if the volunteers are not permitted to write parking citations, it is staffs proposal 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: DECEMBER 15, 1998 PAGE 6 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. 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 to Mr. Wilson that the proposed program applies only to public streets. The City has no authority or jurisdiction over private streets. In response to C/Ansari's request, CM/Belanger explained how the permit process is intended to work. 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 Page 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 language change on Page 6. DCM/DeStefano responded to MPT/O'Connor that garage, carport and driveway spaces are intended to be used for the parking of vehicles. CA/Jenkins responded to MPT/O'Connor 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. DECEMBER 15, 1998 PAGE 7 Following discussion, the City Council concurred to set January 5, 1999 for First Reading of Ordinance No. 0X(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. Mr. Harper, 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. Harper confirmed to Dr. Lawrence Rhodes 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 the 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. He recommended that the 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: NOES: ABSENT 9, NEW BUSINESS: COUNCIL MEMBERS: Ansari, Herrera, Huff, MPT/O'Connor, M/Chang COUNCIL MEMBERS: None COUNCIL MEMBERS: None 9.1 CONSIDERATION OF A POLICY TO INSTALL VENDING MACHINES IN CITY PARKS. CSD/Rose presented staffs report. 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 DECEMBER 15, 1998 PAGE 8 offset parks maintenance and operations costs. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS Herrera, Huff, MPT/O'Connor, M/Chang Ansari None 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. 9.3 9.4 Dr. Lawrence Rhodes said he supports the concept as long as the volunteers are properly trained and that they have the support of the Los Angeles County Sheriffs Department. C/Ansari moved, C/Herrera seconded, to adopt Resolution No. 98-72 authorizing the Los Angeles County Sheriffs 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 NOES: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS Herrera, Huff, MPT/O'Connor, M/Chang None Ansari 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 CITY COUNCIL APPOINTMENTS TO COMMITTEES, SUBCOMMITTEES, AD HOC COMMITTEES AND TASK FORCES. The City Council unanimously ratified the following Committee, Subcommittee, Ad Hoc Committee and Task Force Committee Mayoral appointments: CITY COUNCIL APPOINTMENTS EFFECTIVE 12/15/98: COMMITTEE DELEGATE ALTERNATE DECEMBER 15, 1998 PAGE 9 California Contract Cities Association O'Connor Ansari Sam Olivito, Executive Director, 10810 Paramount, Suite 202, Downey, CA 90241 (562)861- 3908 Meets 3rd Wednesday of each month at 6:30 p.m. (social hour), 7:30 p.m., dinner, various restaurant locations of host city. Reservations required. California Joint Powers Insurance Authority Chang 4952 La Palma Avenue, La Palma, CA 90623 (800)220-2343 General Board Committee meets annually each July - location to be announced CLOUT Ansari Herrera c/o Dr. Jerry Young Chaffey College, 5885 Haven Avenue, Rancho Cucamonga, CA 91737 Meets 4th Thursday of each month at 6:30 p.m., at various restaurant locations of host city. East San Gabriel Valley Planning Committee DeStefano Meets 4th Thursday of each month at 6:30 p.m., at various restaurant locations of host city. Planning directors Sub -Committee: Meets 4th Monday of each month at 12:00 noon at Cal Poly Pomona. Foothill Transit Zone Huff Ansari Bill Forsythe, 100 N. Barranca #980, West Covina, CA 91791 (626)967-3147 Meets 4th Thursday of each month at 8:00 a.m. at above address. Four -Corners Transportation Policy Committee Group Huff Chang Robert Huff, Chairman - Meets as needed. League of California Cities - Los Angeles County Division Chang Herrera Jack ONeil, Executive Director, 602 E. Huntington Drive, Suite C, Monrovia, CA 91016 (626)305-1315 FAX (626)305-1345 Meets 1st Thursday of each month at 6:30 p.m. at Almansor Court, 700 S. Almansor Street, Alhambra, CA. Los Angeles County Sanitation District No. 32 Chang Huff DECEMBER 15, 1998 PAGE 10 Charles Carry, Chief Engineer and General Manager, 1955 Workman Mill Road, Whittier, CA 90601-4998 Mailing Address: P.O. Box 4998, Whittier, CA 90601-4998 (562)699-7411 x 1500 Meets 4th Wednesday of each.month at 1:30 p.m. at the District Office Los Angeles County City Selection Committee Chang O'Connor Larry J. Monteilh, Secretary, 383 Hall of Administration, 500 W. Temple Street, Los Angeles, CA 90012 (213)974-1431 Meets after the League of California Cities - Los Angeles County Division Meeting (approximately 8:30 p.m.) San Gabriel Valley Economic Partnership of Commerce & Cities Ansari Herrera Nicholas Conway, Executive Director, c/o Arroyo Association, 234 N. El Molino, Suite 202, Pasadena, CA 91101-1675 (626)564-8700 FAX (626)564-1116 Meets 3rd Thurso of each month at 6:30 p.m. at various locations. Executive Session 5:00 p.m. Greater Los Angeles County Vector Control District MacBride 9510 Garfield Avenue, South Gate, CA 90280 (310)927-6526 Meets 2nd Thursday at address above at 7:30 p.m. Southern California Association of Governments (SCAG) Chang O'Connor Main Office, 818 W. 7th Street, 12th Floor, Los Angeles, CA 90017 (213)236-1800 Eileen Ansari, Representative for District 37 General Assembly meets annually each March - location to be announced. Wildlife Corridor Conservation Authority (WCCA) O'Connor Huff Joseph Edmiston, Executive Director, Contract: Andi, 5810 Ramirez Canyon Road, Malibu, CA 90265 (310)454-1395 ext. 106 CITY COU_ KL AD HOC CONMUTTEES EFFECTIVE 12/15/98 (Meet As Needed) Finance City On Line Technical Herrera/O'Connor O'Connor/Huff DECEMBER 15, 1998 PAGE 11 Cable TV Franchise Herrera/Chang Sister City Huff/Ansari W VUSD/City Huff/Ansari PUSD/City O'Connor/Chang Economic Development Chang/Herrera Redevelopment Ansari/Huff City Council Goals/City Manager Evaluation Chang/O'Connor Liaison Committee to Surrounding Cities Chang/Herrera Chamber of Commerce Liaison O'Connor/Ansari Senior Citizen Liaison Ansari/Herrera Legislative Ansari/Herrera City Anniversary Liaison O'Connor Lanterman Expansion Herrera/O'Connor Community/Civic Center Task Force Huff/O'Connor RECESS TO REDEVELOPMENT AGENCY MEETING: M/Chang recessed the City Council Meeting to the Redevelopment Agency at 10:55 p.m. RECONVENE CITY COUNCIL MEETING: M/Chang 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 stated she looks forward to participating on behalf of the City. She commented that the relationship among the cities of Chino Hills, City of Industry and Diamond Bar is improving and expects that a Joint Powers Agreement will be approved and that a Memorandum of Understanding is forthcoming. She thanked C/Hufffor his perseverance in pursuing a JPA. DECEMBER 15, 1998 PAGE 12 C/Huff stated that on December 4 he and MPT/O'Connor played golf on behalf of the YMCA and attended the swearing in ceremonies for Sheriff Lee Baca on December 7. On December 7 he initiated a chairing 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 the increased traffic. He was appointed by the COG to be a member of the Construction Authority of the JPA of the corridor cities for which he was elected Chairman. On December 11, he and M/Chang attended the China Exposition at the Convention Center and participated in the December 12 walk-a-thon for Central America hurricane victims. He asked that the General Plan Amendment language be agendized for the next City Council meeting. He wished everyone a happy holiday and new year. C/Ansari stated she has attended three Water Quality Committee meetings for SKAG in the past two weeks. She was elected to the Santa Ana Watershed. The committee is seeking additional storage facilities in Southern California. She and M/Chang attended the League of California Cities meeting. She and two other Council Members attended the Chamber's legislative meeting on December 10. She and M/Chang attended the cities selection committee during which new SCAQMD Board Members and other committee members were elected. She reported on her attendance at the SCAG Solid Waste Task Force Committee meeting. Today she attended a meeting with a new legislator to attempt to protect the revenue for all cities. MPT/O'Connor congratulated the Diamond Bar High School CRF Football Champions. She named several All League selections. She reported that Supervisor Don Knabe is the new Chairman of the Board of Supervisors. She requested status of the following items: Spanner banners, Recreation Non -Profit Foundation, CUP compliance, whether letters have been sent to political candidates who have not removed their campaign signs, use of CSO officers on patrol around the City's schools. She wished everyone happy holidays and a happy new year. M/Chang congratulated the Senior Little League Champions. He said that he and C/Ansari attended the City sponsored party for the City of Diamond Bar Library employees. He and other Council Members attended the staff Holiday party on December 9 and the Senior Citizen's Holiday party on December 8. He stated that he was interviewed by two Chaparral Middle School students. He said he is pleased that the youth of Diamond Bar are concerned about City government. He thanked "Work Station for their participation in the "Adopt a School" program. He wished everyone a happy holiday and happy new year. DECEMBER 15, 1998 PAGE 13 11. ADJOURNMENT: There being no further business to come before the City Council, M/Chang adjourned the meeting at 11:20 p.m. LYNDA BURGESS, City Clerk ATTEST: Wen Chang, Mayor 2 CITY OF DIAMOND BAR DRAcr CITY COUNCIL STUDY SESSION STRATEGIC FINANCIAL PLANNING NOVEMBER 17, 1998 CITY COUNCIL CALL TO ORDER: Mayor Herrera called the meeting to order at 4:00 p.m. in the South Coast Air Quality Management District Room CC -3&5, 21865 E. Copley Drive, Diamond Bar, California. ROLL CALL: Council Members Ansari, Huff, O'Connor, Mayor Pro Tem Chang and Mayor Herrera. Also present were: Terrence L. Belanger, City Manager; Michael Jenkins, City Attorney; James DeStefano, Deputy City Manager; David Liu, Deputy Public Works Director; Bob Rose, Community Services Director; Mike Nelson, Communications & Marketing Director, and Lynda Burgess, City Clerk. CM/Belanger explained the process for creating a Strategic Financial Planning document for the short term and long term and discussed the documents included within the packet. He explained that municipal strategic planning involves infrastructure, quality of life issues, housing and land use issues, economic development, public safety and financial issues. Council will want to adopt a strategic planning model and conduct business in accordance with that model with constant monitoring and updating. Strategic planning is intended to accomplish specific things, whereas the General Plan speaks in broad terms and is, for the most part, a guide to implementation through devices such as the City's Development Code. The specific planning process concentrates on selected issues, implicitly considers resource availability, assesses strengths and weaknesses, considers major events and changes occurring outside of the organization and is action oriented. With respect to the mission of the City, the City's business is delivery of services; creation of community buildings; creation, maintenance and operation of infrastructure; development of an economic strategy and development of a financial resources strategy. He stressed the importance of identifying a mission statement as a first step in the strategic planning process. Strategic goals focus the process. Strategic objectives are the realistic achievable measurable results for a defined period. An action plan includes who, what, when, and where. Implementation is the setting out and accomplishment of the action plan as an outgrowth of the various steps within the strategic plan. C/Huff believed it would be prudent for the City to establish a budget reserve fund for replacement of fixed asset items such as computer equipment and vehicles. CM/Belanger explained that the self-insurance fund was created by Council to become self-sufficient at $1,000,000. That goal has been realized. Such a fund could be created for a "vehicle replacement fund," for example. C/O'Connor stated that such a fund has been established for parks and facilities development. CM/Belanger explained how projects such as the Heritage Center have been (0, NOVEMBER 17, 1998 PAGE 2 STUDY SESSION budgeted and built over a period of time. M/Herrera asked for a self-insurance loss report for the past five years. CM/Belanger stated he will provide loss information from the JPIA for the past six months. He then presented the Treasurer's Report for September and stated that, after deduction of the $2,000,000 advance to the Redevelopment Agency, the report indicates a reserve of approximately $11,500,000. The Parks & Facilities Fund contains a balance of $1,337,000 (including $37,000 in interest) which will be increased to $2,800,000 when the SunCal project satisfies its conditions. He explained that using interest income is a risky method for funding ongoing General Fund activities. In response to C/O'Connor, CM/Belanger explained that the City of Industry's MOU obligation to D.B. is $1.9 million, which is due when the development is fully developed and more accurate traffic counts are available. CM/Belanger explained that the deferred compensation account will be transferred to ICMA as trustee no later than January 1, 1999. Fund balances are estimates and the Treasurer's Report contains actual numbers as of a certain date. With respect to Agenda Items #5, 6, 7 and 8, Council will decide its future direction with respect to service delivery. He explained recent staffing reallocations (Agenda Item #6) which are intended to better meet service delivery demands. M/Herrera stated that Agenda Item #7 should include other types of strategic planning in addition to financial strategic planning. M/Herrera asked Council to define its #1 Goal, Economic Development Strategic Plan and determine how the City will finance the building and ongoing operation of a Civic/Community Center, City Hall, Library, etc. C/Ansari stated she would like to wait for the task force recommendations for facilities and ongoing maintenance. She indicated that she focused her energies for strategic planning on Economic Revitalization Area Plan. C/Huff concurred with M/Herrera that strategic planning involves prioritizing efforts on future matters. In addition to a Community Center, he would like to focus attention on traffic matters including consideration of a regional bypass road. He believed that the residents' number one consideration is traffic and the City needs to find ways to mitigate the related problems. C/O'Connor felt that the annual goals and objectives as well as analysis of Capitol Improvements are part of the strategic planning. MPT/Chang believed that any planning should include a short term resolution to the NOVEMBER 17, 1998 PAGE 3 STUDY SESSION traffic problems which would include the impact of loss of funds from Vehicle License Fees and decrease in State subvention funds. He also believed that Redevelopment Agency funding will be important with respect to financing a community/civic center, library, etc. Council should determine the building and ongoing maintenance costs in order to determine the feasibility of the project and how it will be funded. In response to C/O'Connor, CSD/Rose explained that ongoing maintenance costs are included in the 15 year CIP plan for the Parks Master Plan. C/O'Connor expressed concern about how redevelopment will accommodate a number of businesses simultaneously. CM/Belanger responded that it depends on the needs of the business and what the Redevelopment Agency is willing to do. In the short term, the understanding is that the City may need to use some of its reserves which would be recovered through increment and returned to the General Fund. C/Huff expressed concern that too much time will be spent on planning at the cost of implementation. M/Herrera stated that she was seeking reassurance that the City is progressing in a manner that will insure that it can afford to implement its goals. CM/Belanger indicated that it will be difficult to determine future needs until the community center/civic center plan is well under way. Short term implementation is awaiting advice from various task force committees and the long term is putting the information together for future implementation. 5. ADJOURNMENT: Mayor Herrera adjourned the Study Session at 6:19 p.m. to the regular City Council Meeting. LYNDA BURGESS, City Clerk ATTEST: Mayor MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION OCTOBER 27, 1998 CALL TO ORDER: Chairman McManus called the meeting to order at 7:03 p.m. in the South Coast Air Quality Management Hearing Board Room, 21865 East Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Commissioner Nelson. ROLL CALL: Present: Chairman Joe McManus and Commissioners George Kuo, Steve Nelson and Joe Ruzicka. Absent: Vice Chairman Steve Tye Also Present: James DeStefano, Deputy City Manager and Ann Lungu, Associate Planner. , MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None APPROVAL OF AGENDA: As submitted. CONSENT CALENDAR: 1. Minutes of September 15, 1998, September 22, 1998 and October 13, 1998. C/Nelson moved, C/Kuo seconded, to approve the Minutes of September 15, 1998, September 22, 1998 and October 13, 1998 as presented. Motion carried 4-0 with C/Ruzicka abstaining on the Minutes of the joint City Council meeting of September 15, 1998 and Chair/McManus abstaining on the minutes of September 22, 1998. OLD BUSINESS: None NEW BUSINESS: None PUBLIC HEARING: None PLANNING COMMISSION COMMENTS: None INFORMATIONAL ITEMS: DCM/DeStefano referred the Commission to a matrix of future projects that will be reviewed by the Planning Commission. The Subdivision Ordinance will be heard by the City Council beginning on December 1, 1998. The City Council approved First Reading of OCTOBER 27, 1998 PAGE 2 the Development Code on October 20, 1998. Second Reading is scheduled for November 3, 1998 which renders the Code effective on December 3, 1998. ADJOURNMENT: C/Ruzicka moved, C/Kuo seconded, to adjourn the meeting. There being no further business to come before the Planning Commission, Chair/McManus adjourned the meeting at 7:09 p.m. Respectfully Submitted, Ao"If James DeStefano Secretary to the Planing Commission Attest: (o, 1., 2 - MINUTES MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION NOVEMBER 10, 1998 CALL TO ORDER: Chairman McManus called the meeting to order at 7:03 p.m. in the South Coast Air Quality Management Hearing Board Room, 21865 East Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Commissioner Ruzicka. ROLL CALL: Present: Chairman Joe McManus, Vice Chairman Steve Tye and Commissioners George Kuo and Joe Ruzicka. Absent: Commissioner Steve Nelson. Also Present: James DeStefano, Deputy City Manager, Ann Lungu, Associate Planner, Linda Smith, Development Services Assistant and Sonya Joe, Development Services Assistant. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None APPROVAL OF AGENDA: As submitted. CONSENT CALENDAR: 1. Minutes of October 27, 1998. C/Ruzicka moved, C/Kuo seconded, to approve the minutes of the October 27, 1998 meeting as presented. Motion carried 3-0-1 with VC/Tye abstaining. OLD BUSINESS: None NEW BUSINESS: None PUBLIC HEARING: None PLANNING COMMISSION COMMENTS: None INFORMATIONAL ITEMS: 1. Introduction of the new Development Services Assistants November 10, 1998 Page 2 DCM/DeStefano introduced Linda Smith and Sonya Joe, Development Services Assistants. Sonya has a Bachelor of Arts degree from the University of California, Irvine and was previously employed with the City of LaHabra. Linda Smith has been with the City of Diamond Bar for the past five years and has a Bachelor of Arts degree from Cal State Fullerton and certifications in various Public Works courses. Sonya and Linda will provide technical support to the Planning and Engineering staff. 2. Public Hearing dates of future projects. DCNUDeStefano spoke about the projects that will come before the Planning Commission at its regular meeting of November 24,1998: Extension of Time for Tract No. 51253 (Morning Sun subdivision project), a proposed 75,000 three story office building to house the Allstate Insurance Company at the corner of Copley Drive and Golden Springs Drive and conversion of a deli to a restaurant within Oak Tree Lanes shopping center. The Telecommunications Ordinance public hearing is scheduled for December 8, 1998. Currently, there are no items scheduled for the regular meeting of December 22, 1998. 3. Transmittal of adopted Development Code. DCM/DeStefano stated that at its November 3, 1998 meeting, the City Council adopted the new Development Code. Copies of the new code which becomes effective December 3, 1998 have been delivered to Planning Commissioners. DCNMeStefano reminded Commissioners that the City's Holiday party will be held on Wednesday, December 9, 1998. C/Ruzicka requested revised dividers for all Articles of the Development Code. Responding to VC/Tye, DCM/DeStefano reported on the status of the proposed Wells Fargo Bank Building project. November 10, 1998 Page 3 ADJOURNMENT: C/Ruzicka moved, C/Kuo seconded, to adjourn the meeting. There being no further business to come before the Planning Commission, Chair/McManus adjourned the meeting at 7:18 p.m. Respectfully Submitted, JamYs DeStefano Secretary to the PlI g Commission Attest: % 1� CITY OF DIAMOND BAR MINUTES OF THE PARKS & RECREATION COMMISSION HEARING BOARD ROOM OF S.C.A.Q.M.D. 21865 Copley Drive NOVEMBER 19, 1998 CALL TO ORDER: Chairman Finnerty called the meeting to order at 7:04 p.m. PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of Allegiance by Commissioner Anis. ROLL CALL: Present: Chairman Finnerty, Vice President Nolan and Commissioners, Anis, and Pruitt. Commissioner Holder arrived at 7:08 p.m. Staff: Bob Rose, Community Services Director and Wendy Bowman, Community Services Supervisor. MATTERS FROM THE AUDIENCE: Keith Flisik, 1114 Grubstake Drive, spoke on behalf of several audience members who were present to request the Commission's assistance in securing a skate park for Diamond Bar. He said their request is for a facility similar to the Chaffey High School area which incorporates a concrete skating floor that is surrounded by planters and benches. He stated that the request contemplates a much smaller scale skate park than is contemplated in the City's 10 year plan for a multiple use facility at the YMCA location. The City's youth need a skate park now so that they do not have to travel to other cities for recreation. He suggested that the area immediately north of the lower parking area at Summitridge Park could be used for a small skating area. CSD/Rose responded to Chair/Finnerty that contemplated park improvements are reviewed by the Planning Commission. Chair/Finnerty indicated to the concerned audience members that consideration of a facility could not be included in this year's Capital Improvement Program but it might be considered as a 1999/2000 project. She stated that the Parks Master Plan contemplated multi -functional facilities in order to more adequately address the needs of the NOVEMBER 19, 1998 PAGE 2 PARKS & RECREATION COMMISSION community. She cautioned the youth that they may encounter resistance from community members especially with respect to location. She requested that the matter be agendized for the December 17, 1998 meeting. Aaron Flisik spoke about a skate facility at the mall in Orange. He said that he and his friends are only interested in skating and do not paint graffiti or consider any type of vandalism. He stated that there is no safe place in the City to skate. Dave Oliver, 510 Charmingdale Road, asked the Commissioners what the group can do to effect a change in the Parks Master Plan priorities. Chair/Finnerty reiterated her request for information as to the number and ages of youth that may wish to utilize a skate park faci I ity. C/Pruitt stated she believes that shopping centers and schools are concerned about potential liability when they advise young people not to skate in their parking lots. Thom Pruitt, President of Diamond Bar Pop Warner Football and Cheerleading Association, stated that his organization is into post season play. He thanked staff and the Commissioners for their contribution to the success of the regular season and fundraising efforts. He indicated that three of the Diamond Bar teams will participate in Championship Games at Bonita High School on Saturday, November 28. CONSENT CALENDAR: 1.1 Approval of Minutes of September 24, 1998 - Regular Commission Meeting. VC/Nolan moved, C/Anis seconded, to approve the September 24, 1998 minutes as amended. Motion carried 5-0. 1.2 Approval of Minutes of October 6, 1998 - Joint Meeting with the City Council and Parks & Recreation Commission. VC/Nolan moved, C/Anis seconded, to approve the October 6, 1998 Joint Meeting minutes as amended. Motion carried 5-0. 1.3 Approval of Minutes of October 22, 1998 - Regular Commission Meeting. VC/Nolan moved, C/Anis seconded, to approve the October 22, 1998 minutes as amended. Motion carried 4-0-1 with C/Pruitt abstaining. NOVEMBER 19, 1998 PAGE 3 PARKS & RECREATION COMMISSION 1.4 Transmittal of 1999 CPRS Conference Information. INFORMATIONAL ITEMS: 2. Recreation Update CSS/Bowman presented the recreation update. VC/Nolan passed along compliments from Marty Torres and Vasel Camaj regarding the youth basketball staff, how great they were and how well they treated the youth and parents. 3. Video Presentation on the construction of Pantera Park. CSD/Rose stated that Pantera Park is being entered in the CPRS competitive awards program. OLD BUSINESS: 4. Proposed Schedule of 1999 Commission Meetings. The Commission concurred with the proposed schedule of 1999 meetings to be held the fourth Thursday of each month with the exception of November and December which will be held on the third Thursday. NEW BUSINESS: None ANNOUNCEMENTS: C/Holder stated that she visited Sycamore Canyon Park today. The park was in excellent condition. She noted that it appears that a park bench and a post have been damaged by construction equipment. CSD/Rose responded to C/Holder that the City has contracted for re -planting of the front slope. Also, the City's contract maintenance service has donated three doggie pots which will be placed at Peterson Park as a test of their effectiveness. C/Holder commented on school principal changes for various schools. Diamond Bar High School is going to CIF football playoffs. She also stated she has been appointed Assistant Director of Youth Ministry at St. Denis Church. If anyone Junior High age and up is interested in decorating Rose Parade floats, please contact her at the church. NOVEMBER 19, 1998 PAGE 4 PARKS & RECREATION COMMISSION C/Anis stated that she found a few items that needed to be corrected when she visited Summitridge Park. She stated that on Governors Island, certain patches of grass are dedicated to dogs called "Doggie Islands". She recommended that Diamond Bar consider this type of accommodation for the City's parks. C/Pruitt commented on the wonderful plants that were placed in front of the concession and restroom areas at Peterson Park. The Diamond Bar afternoon Rotary in conjunction with the Diamond Bar High School Key Club is sponsoring gift holiday baskets for Thanksgiving and Christmas and are looking for families in need. She recommended that the Commissioners consider attending the Diamond Bar High School play which continues through this weekend. She attended the Holiday Inn Express Grand Opening. She commented that she appreciates the banquet and meeting facilities. She stated she attended the Diamond Ranch End of Football Season banquet at which her son received special recognition as ballboy. She invited Commissioners to attend the November 28 Pop Warner Bowl Games and participate in the festivities at the end of the day (approximately 5:00 p.m.). VC/Nolan stated that he arrived at a prospective list of improvements when he visited Peterson Park. He commented that the park looked much better than when he previously visited the park. He commented that he has arranged for PMS/Hensley to receive $150 worth of coupons for Hagen Daas ice cream to be used to reward people who commit "good citizen" acts in the park. He recently completed a stint as Assistant Concession Manager for Troy High School's football team. The concessions contributed approximately $3,500 to the school. Responding to VC/Nolan, C/Pruitt stated that she received a message from Keith McCarter that he is interested in pursuing a 10k run for the 10th Birthday Celebration. She has not been able to reach him to discuss the matter in person. However, she will keep trying to reach him to coord i nate a meeting. VC/Nolan stated he is anxious to begin discussions regarding the 10k run. He commented that Vince Polmaneri has announced that this will be his last year as AYSO's Regional Commissioner. He spoke about being excited to participate as a Community Center/Civic Center Task Force member. Chair/Finnerty stated she participated in a tour of Heritage Park. She stated that the concrete borders around the edge of the park are not particularly effective and may in fact be dangerous. It was determined that the borders are unnecessary and should be eliminated. Further, it was determined that the storage unit at the end of the dugout on the first base side prevented wheel chair access and needs to be moved to a more suitable location on the grassy area behind home plate. The second storage unit is an eyesore and NOVEMBER 19, 1998 PAGE 5 PARKS & RECREATION COMMISSION needs to be replaced. In general, the park looks beautiful. She said she hates to see the swings come down although she realizes it is necessary due to the ADA retrofit. She commented that during her park visit she photographed people allowing their dog to defecate on park grounds. She is concerned that people who allow their dogs to roam the parks do so in order to avoid having to clean up their own yards and will not clean up after their dogs at the parks. CSD/Rose responded to Chair/Finnerty that the matter of soda machines in the City's parks is agendized for the December 15, 1998 City Council meeting. Upon approval, staff will distribute RFPs. Chair/Finnerty reported on the October 28, 1998 Community Center/Civic Center Task Force meeting. ADJOURNMENT: C/Holder moved, C/Pruitt seconded, to adjourn the meeting. There being no other business to come before the Commission, Chair/Finnerty adjourned the meeting at 9:05 p.m. to December 17, 1998. Respectfully Submitted, /s/ Bob Rose Bob Rose Secretary Attest: /s/ Annette Finnerty Annette Finnerty Chairman CITY OF DIAMOND BAR INTEROFFICE MEMORANDUM TO: Mayor Pro Tem O'Connor and Councilmember Herrera FROM: Linda G. Magnuson Assistant Finance Director SUBJECT: Voucher Register, January 5, 1999 DATE: December 30, 1998 Attached is the Voucher Register dated January 5, 1998. As requested, the Finance Department is submitting the voucher register for the Finance Committee's review and approval prior to its entry on the Consent Calendar. The checks will be produced after any recommendations and the final approval is received. Please review and sign the attached. CITY OF DIAMOND BAR VOUCHER REGISTER APPROVAL The attached listing of vouchers dated January 5, 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 001 GENERAL FUND 150,679.84 698,626.67 849 306.51 112 PROP A - TRANSIT FUND .00 31,671.6431`671.64 115 INTEGRATED WASTE MGT FUND .00 29.00 ` 29.00 118 AIR QLTY IMPR FD (AB2766) .00 6,291.72 6 291.72 125 COM DEV BLK GRANT FUND '00 158.62 `158.62 138 LLAD #38 FUND .00 4,796.71 4,796.71 139 39 LLAD # FUND .00 4,254.50 4254.50 141 LLAD #41 FUND . 00 2,302.99 ` 2 302.99 250 CAPITAL IMPROV/PROJ FUND .00 44082 72 ` ^ 44` ^ 082 72 �10 SELF INSURANCE FUNO .00 2,07400 ` 2,074.0O REPORT FOR ALL FUNDS APPROVED BY: � Assistant Finance Director 150,679.84 794,288.57 Mayor Pro Tem Carol Herrera Councilmember 944,968.41 CITY OP DIAMOND BAR RUN DATE: 12/30/1998 19:57:30 VOUCHER REGISTER PAGE: 1 DUE THRU: 01/05/1999 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK ACCURATE LANDSCAPE 0015319-45300-- 7780 9812024 MAINT-PETERSON PRK:-DEG 1,454.38 001.`371-453{�j-- 77$0 9812029 MAINT-SYCAMORE CYN PRY 690.831 1415541-45500-- 778;. 4812024 MAINT-LLAD 41 -DEC 2,fY)0,00 1385538-45W5 )-- 7780 9811029 MAINT-LLAD 33' -DEC 2,400.00 0015325-4.5300-- 7780 98120210 MAINT-STARSHINE PRK-DEC ?45.46. 0015.322-45300-- 7780 9.12029 MAINT-RON REAGAN PRK-UEC 1,013.25 1395539-455500-- 5500-- 77811 9812029 MAINT-LLAD 019 -DEC 3,400.00 0015_,25 4`:00-- 7780 981202'=1 MAINT-SUMMITRIDGE PRK-I!EC 2,000.51 0015316-45300-- 779r1 4;=.!21,24 MAI"iT-MA `LE HILL PARK - DEC ac 6:: !.83 x!0153::2-42210-- 1543 -OPEN AI!D'L MAINT-RON REAGAN 5.16 0015318-4530fr- 7780 °'1<0<4 MAINT-PANT=RA PARK: -DEC 2,500,9? 12 S•5538-42210-- 754=; -OPEN AIcD'L MAINT-nTST #38 141.71 0015313-45300-- 7780 8, 202-.-! MAINT-HERITAGE PARS'.: -DEC 587. 21 001=}14-42210-- 11543 -OPEN A;D'L MAINT-HERITAGE PRK 12.84 0015331-42210-- 7.` -:43 -OPEN ADD'L MAINT-SYC CYN PR.K 263.61 1295530 -4'210 -- 755433 -OPEN ADD'! MAINT-DIST #39 71.05 l395534 -4221f!-- 75 _;_ 4 OPEN I -D ADC!' L MAItJ- „IST #39 .J L 11.12 0015319-42210-- 7547 -OPEN AIiI!'L MAINT-PETERSON P'RK ?5. 8 0015316-42 11,-- 7543 -OPEN ADD'L MAINT-MAPLE HILL 1,:30'2.00 0015718-4220-- 7543' --OPEN ADD'L MAINT-PANTERA PRK: 102.01 0015'28-42210-- 7543 -OPEN ADD'L MAINT-SUMMTRDGE 116.6: 0015311-45300-- 71780 411 2 - MAINT-PAUL GROW PARK. -DEC 867154 0015314-42210-- 754: -OPEN ADD'L MAINT-PETERSON FRF:: 279.16 141`-J41-42210-- 7543 -OPEN ADD'L MAINT-I!IST #41 92.98 13805538-42210-- 7543 -OPEN AEE,'L MAINT-DIST #38 125.67 1415541-42210-- 743 -OPEN A7: D'L MAIN-DIST #41 77,35 01:15:;18-42210-- 754:3 -OPEN ADD`L MAINT-SUMMTRDGE 650.00 TOTAL PREPAIDS fro TOTAL VOUCHERS 22,7.37.51 TOTAL DUE 'VENDOR 22,737,51 AJAX SIGN GRAPHICS INC 00140,'70-4622f!-- NAME PLATES/CEILING SIGNS 981.11 TOTAL PREPAIDS ,00 TOTAL VOUCHERS 981.11 TOTAL DUEVENDOR 981.11 AMERICOMP IMAGING SYSTEMS 7880 162;2 TONER CARTRIDGES -PRINTERS 54,94 TOTAL PREPAIDS .00 TOTAL VOUCHERS 54.94 TOTAL DUE VENDOR 54.44 PATTY ANIS 0,.')l5250-44100-- P&R COM -11;14;12/17 80.00 TOTAL PREPAIDS ,00 TOTAL VOUCHERS 80,00 TOTAL DUE VENDOR 60.00 RUN DATE: 12/30/1998 19:53:30 VIIUC,'ER REIN -:TES; PAGE: 2 'illi. TF 'U: O l l `/ t?=9 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE :=SCf!I�II'3N AMOUNT DATE CHECK. APPLEONE EMPLOYMENT SERVICES 0015510-44000-- 8054 35:7505 TEMP SVCS-ENGR-W/E 11/21 507.00 0015510-44000-- 8054 3MI384 T_MP SVCS-ENGR-W/E 11/28 3112.00 0015510-44000-- 8054 3535136 TEMP SVCS -EN -_R W/E 12/5 520.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,339,00 TOTAL DUE VENDOR 1,339.00 ARROW RESTAURANT EQUIPMENT 0015314-41200-- 10138 84':/ U'ILITY CART-HRTG COM CTR 2:4.34 TOTAL PREPAIDS .00 TOTAL VOUCHERS 2c:4.34 TOTAL DUE VENIOR34.:34 AT&T 0014090-4212.5-- LONG DISTNCE PHNE SVCS 228.50 TOTAL PREPAIDS .00 TOTAL VOUCHERS 228.50 TOTAL DUE VENDOR 229.50 ATHENS SERVICES. 0015510-45501-- 7859 STR SWEET' SVCS -NGV 8,219.16 TOTAL PREPAIDS .00 TOTAL VOUCHERS 8,219.16 TOTAL DUE VENDOR 8,214.16 NEST LIGHTING . 1- 2 2 1, 0 818;. L 10861 ELECT SVCS-HRTG PRt-: 635.15 TOTAL PREFADS .00 TOTAL VOUCHERS 6:35,6= TOTAL DUE VENDOR 635.65 8042 12lP326 99-3REENFOOV. SUPPLMNT-PUB 12.11 TOTAL PREPAIDS 0Ci TOTAL VOUCHERS 12.11 TOTAL DUE VENDOR 12.11 ,ONTERRA CONSULTING PROF SVCS-FER-96-02 279.90 1.701-230, 5731 PROF SVCS-FER-96 02 3 723.57 531 PROF Sb'CS-FER 96-027' 2,720.10 TOTAL PREPAIDS .00 TOTAL VOUCHERS 6,723,57 TOTAL DUE VENDOR 6,721.57 MICHAEL BRANDMAN ASSOCIATES INC 1092.-3671 PROP SVCS -FPL 93-10 1,163.72 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,16:3.72 TOTAL DUE VENDOR 1,16:1.72 RUN DATE: 12/30/1998 19:5.3:30 FUND/SECT-ACCT-PROJECT-ACCT JANICE BRYANT 001 -34780 -- BSN SPORTS 0015322 -42210 -- 0015='18 -42210 -- CA JOINT POWERS INSURANCE AUTHORITY 5104081 -47200 -- SOFIA CAMACHO 001 -34740 -- CAPITOL ENTERPRISES 015319-46410-- 00i531�-4L;�50-- MARIA CARDOZA CCS: i 0014010-423310-- 3310-- CUW COMPUTER CENTERS, INC VOUC'�IER 4E ISTE-' IU[_ THRU: PO # INVOICE - 'P [c T I']N AMOUNT PAGE: 3 PREPAID DATE CHECK 001-20710-- 9411.71 USE TAX -112.61 0014095-46230-- 317;; 9411771 COLOR SCANNER -WINDOWS 1,509.45 TOTAL PREPAIDS loo TOTAL VOUCHERS 1,396.84 TOTAL DUE VENDOR 1,396.04 27689 RI_CREATTON REFUND 49.00 TOTAL PREPAIDS .M TOTAL VOUCHEPS 49.00 TOTAL DUE VENDOR 49.00 3140 ;;998410 ROLL. DR-CDUFiTS-RON REAGN 70.95 8140 8993410 POLL. DR-COURTS-PANTERA 70.94 TOTAL PREPAIDS .00 TOTAL VOUCHERS 141.89 TOTAL DUE VENDOR 141.8" 123199-07 93 PROPERTY INSURANCE 2,074.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 2,074.00 TOTAL DUE VENDOR 2,074.00 29154 RECREATION REFUND 54.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 54.00 TOTAL DUE VENDOR 54.00 7991 98-1204 STORAGE CONTAINERS-PETRSN 1,511.42 71'41 93-1204 STORAGE CONTAINERS-PANTER 3,02.84 TOTAL PREPAIDS .00 TOTAL VOUCHERS 4,534.26 TOTAL DUE VENDOR 4,534.26 2902 RECREATIOPv REFUND 59.09 TOTAL PREPAIDS .00 TOTAL VOUCHERS 59.00 TOTAL DUE VENDOR 59.00 LEGIS TOUR-1/12-14-CCNCL 500.00 01/05/1999 352:35 LEGIS TOUR-1/12-14-CMGR 200.00 01/05/1999 352215 TOTAL PREPAIDS 1,000.00 TOTAL VOUCHERS .00 TOTAL DUE VENDOR I , OOO, 1..'0 001-20710-- 9411.71 USE TAX -112.61 0014095-46230-- 317;; 9411771 COLOR SCANNER -WINDOWS 1,509.45 TOTAL PREPAIDS loo TOTAL VOUCHERS 1,396.84 TOTAL DUE VENDOR 1,396.04 ;ITY OF DIAMOND BAR RUN DATE: 12/30/1998 19:53:30 VOUCHER REGISTEF, PAGE: 4 DUE THRU: 01/05/1999 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO 4 INVOICE DESCRIPTION AMOUNT DATE CHECK LISA CHAN 001-34760-- 2..892 RECREATION REFUND 110.50 TOTAL PREPAIDS .00 TOTAL VOUCHERS 110.50 TOTAL DUE VENDOR 110.50 SEUNGHI CHANG 001-34760-- 28,,99 RECREATION REFUND 149.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 149.00 TOTAL DUE VENDOR 149.00 CHARLES ABBOTT ASSOCIATES INC 001-23010-- 171 PROF SVCS -FPL 96-49 290.00 001-2-3010-- 1',1 PROF SVCS -FPL 96-49 1,305.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,595.00 TOTAL DUE VENDOR 1,595.00 CINTAS CORPORATION 00153;10-42130-- 753'? 150198243 UNFRMS-PRK STAF-W%OF12/14 19.47 4015310-421::10-- 7539 150197140 UNFRM8-PRt:: STAF-W/OF 12/7 19.47 0015310-4213!)-- 151,1443:7_' UNFRMS-PRK STFF-W/OF12/21 19.47 TOTAL PREPAIDS .00 TOTAL VOUCHERS 58.41 TOTAL DUE VENDOR 58.41 "TTY OF ! AVERNE �l i F LAVERNE PRY.:G CITE HROS-NOV 35.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 35,00 TOTAL DUE 'VENDOR; 35.00 CLUBNET INC: 1185098-4400_-- 73242 17406 INTERNET SVCq--CITv HALL 6,124.80 TOTAL PREPAIDS .00 TOTk VOUCHERS 6,124.80 TOTAL DUE VENDOR 6,124.80 COFFEESMITH COMFANY 0014090-42.32-52-- 7665 243,1 MEETING SUPPLIES 95.84 0014000-42136-- 7665 '22895 EQUIP RENT -DEC 17.95, TOTAL PREPAIDS ,00 TOTAL VOUCHERS 113.7` TOTAL DUE VENDOR 1131,75 COMMUNITY INDUSTRIES 0015558-455:1-- 7545 NOV-LITTER ABATE SVCS 839.44 TOTAL.PREPAIDS ,40 TOTAL VOUCHERS 839.44 TOTAL DUE VENDOR 8:39.44 —'TT ]r tIIl1�! All 4i�; RUN DATE: 12/30/1998 19:53.'30 V()UCHER REGISTE'Z; PAGE: 5 DUE THRU; Ol o5/ 1'?�9 PREPAID FUND/SECT-ACCT-PROJECT-ACCT F'0 # INVOICE UES':RI?TI7N AMOUNT DATE CHECK: CONRAD & ASSOCIATES 0014050-44010-- 7791 985433 AUDIT SV`S-FINAL BILL 98 2,000.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 2,000.00 TOTAL DUE VENDOR 2,000.Gi} CONVERSE CGNSULTA,NTS WEST 001-2301 L— arc 33�, 85 PROF SV;ry -Eta i8-2124 c 72't.. 0 001-23022-- 332901 PROF SVCS -EN 98-212 785.50 TOTAL PREPA DS .00 TOTAL VOUCHERS 1,510.00 TOTAL DUE VENDOR 1.510.00 CPRS 0015310-42330-- CONF REGIS-2/17-21-HOLDR 209.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 209.00 TOTAL D!_ " VENDOR 209.00 D&J ENGINEERING 0015220-45201-- 76,77 9 GO9-14 B&SFTY SVCS -11/17-12/18 35,448.45 TOTAL PREPAIDS .00 TOTAL VOUCHERS 35,448.45 TOTAL DUE VENDOR 35,448.45 DALLAS MIDWEST 0015.. 2,50 - x._11-4=..�. r.'•.1ry 4-:c, r T 6C E011 EQUIP-PNTRn MULTI PP. , RM c� rte. 4,•�r1.1.: TOTAL PREF'AIDS 00 TOTAL 'VOUCHERS 4,5',1.`3 TOTAL DUE VENDOR 4,571.53 DAVID EVHNS AND ASSOCIATES 2" 5'10-46415-11294-46415 ?965A 05-7016 FIELD LIGHTS-LORBEEP SCHL 10,151.00 2505310-4641`-11798-4641 1007 -OPEN ADA RETRFT-HRTG/RN REAGN 67.3° TOTAL PREPAIDS .00 TOTAL VOUCHERS 1i� L14s.:;8 TOTAL DUE VENDOR 10,218.38 DAY & NITE COPY CENTER 00,15:10-42110-- 7.47 -OPEN TELECOM TSK: FRC COPIES 324.43 02215510-42111;-- 8204 PERMIT APPLICATION FORMS 390.64 TOTAL PREPAIDS 00 TOTAL VOUCHERS 71`.07 TOTAL DUE VENDOR 715.07 CAROL DENNIS 0014040-44000-- -44300-- DEPARTMENT OF TRANSPORTATION 0015510-45507-- DEPRE7 TRAVEL 0014095 -42330 -- DFM ASSOCIATES 0014040-42320-- 7757OBCC9,I}!= MIP: SEC-CCNCL 12101,10120 100.00 77C7 9812 MNTS-MTGS9/10,10/10,11/12 280.00 7757 PR.R9011I MNTS-P .R COMM MTG-1111'' 140.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 520.00 TOTAL DUE VENDOR 520.00 7945 147744 SGNLILGHTG MAINT-OCTOBER TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR I'uSC CONF-A000M 5/24-27 TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR Z1,1IA001 1999 CA ELECTION CODE UPD TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR 1,127.29 .00 1,127.49 1,12i.29 420.00 01/05/1999 35223 420.00 .00 420.00 78.58 .0 7'.53 78.58 . _- _..AM" NU AR RUN DATE: 12/30/1998 19:53:30 VOUCHER REGI'ETEF.: PAGE: 6 DUE THRU: 01/05/1999 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE IESCRIPlION AMOUNT DATE CHECK DELL COMPUTER CORPORATION 0014095-46230-- 8164 195495709 COMPUTER EQUIP/HARDWARE 42,=64.7 0014095-46230-- 3164 196712947 COMPUTER EQUIP/HARDWARE 21,542.85 0014095-46230-- 31A.4 196497069 COMPUTER CQUIc /HARDWARE 5,507.81 0014095-46230-- 8164 1964991380 COMPUTER EQUIP/HARDWARE 707.50 0014095-46230-- 3164 196499172 COMPUTER, EQUIP/HARDWARE 17,85-.61 0014095-462:0-- 3164 1 97 6497D66 COMPUTER EQUIPMARDWARE 2,754.99 0014095-462'30-- 81/4 19649L368 COMPUTER EQUIP/HARDWARE 42.364.72 0014095-46220-- 8164 196719863 COMPUTER EQUIP/HARDWARE 12,90:.83 0014095-46230-- 3164 196491567 CDMPUTEF EQUiP/HARDWARE 31511.6= iN)14C'`i5-46230-- 3164 196491575 COMPUTER EQUIPMARDWARE 79.02 TOTAL PREPAIDS .00 TOTAL VOUCHERS 149,594.68 TOTAL DUE VENDOR 149,594.68 DELTA CARE PMI 001-21104-- JAN -DELTA CARE PREMS 201.48 TOTAL PREPAIDS .00 TOTAL VOUCHERS 201.43 TOTAL DUE VENDOR 201.48 DELTA DENTAL 001-21104-- DEC -DENTAL PREMS 1,341.52 01/05/1999 35221 TOTAL PREPAIDS 1,341.52 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 1,:41.52 CAROL DENNIS 0014040-44000-- -44300-- DEPARTMENT OF TRANSPORTATION 0015510-45507-- DEPRE7 TRAVEL 0014095 -42330 -- DFM ASSOCIATES 0014040-42320-- 7757OBCC9,I}!= MIP: SEC-CCNCL 12101,10120 100.00 77C7 9812 MNTS-MTGS9/10,10/10,11/12 280.00 7757 PR.R9011I MNTS-P .R COMM MTG-1111'' 140.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 520.00 TOTAL DUE VENDOR 520.00 7945 147744 SGNLILGHTG MAINT-OCTOBER TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR I'uSC CONF-A000M 5/24-27 TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR Z1,1IA001 1999 CA ELECTION CODE UPD TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR 1,127.29 .00 1,127.49 1,12i.29 420.00 01/05/1999 35223 420.00 .00 420.00 78.58 .0 7'.53 78.58 RUN DATE: 12/30/1998 19:53:30 Vt)UCHER RE IETE; PAGE: 7 DUE: THRU: PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE HSCRIPTION AMOUNT DATE CHECK DIAMOND RAR CHAMBER OF COMMERCE 0014090-42315-- 52� ANNL_ MN?-tip DUES-1999 1,200.00 TOTAL PREPAIIiS .00 TOTAL VOUCHERS 1,200.01; TOTAL DUE VENDOR 1,200,00 DIAMOND BAR COUNTRY CLUB 0014090-42315 HiLIDWl'-'4RTY-12/9/98' 139.32' 01/05/1999 31218 TOTAL PREPAIDS 139.32 TOTAL VOUCHERS .00 TOTAL DUE VENDOR DIAMOND BAR INTERNATIONAL DELI 0014090-49'25-- 8:31.7663OPEN CC MTG-1211F. ^' 'S TOTAL PREPAIDS .U0 TOTAL VOUCHERS 37.35 TOTAL DUE VENDOR37,-, DIAMOND BAR PETTY CASH 0015350-41200-- RECR-SUPPLIES 69.11 0014090-42325-- GEN GOVT-MEETINGS 88.09 0014090-42310-- GEN GOUT-FUEL 5.00 0014090-41200-- GEN GOVT-SUPPLIES 56.80 0015210-42:25-- COM DEV-MEETINGS 50.00 0014415-41200-- VOL PTRL-SUPPLIES 4.09 0015210-41200-- COM DEV-SUPPLIES 13.712 0014030-42330-- C MGR-CONF :39.28 0014040-41200-- C CLERK-SUPPLIES 28.38 12552,15-412100--H SNRS-SUPPLIES i}01`_:553-42.325-- T&T-MEETINGE 0014040-42.330-- C CLERK-CONFERENCES 16.00 0015350-44300-- REC-CONTP; SVCS 60.00 00140.3 42::2:-- CMGR-MEETING5 14.66 CHU 1Y30-412 CMGR-SUPPLIES 12. 90 TOTAL PREPAIDS ,Uri TOTAL VOUCHERS 47,;.66, TOTAL DUE VENDOR 478.66 111 AMOIND PHOTO 0014095-42112-- 7515-OPEN PHOTO PROC/FILM 25.59 TOTAL PREPAIDS .00 TOTAL VOUCHERS 25.59 TOTAL DUE VENDOR 2` «, DIANE LEE 001-34760-- 29(;9)6 RECREATION REFUND 226.00 TOTAL PREPAIDS .UU TOTAL VOUCHERS 226.00 TOTAL DUE VENDOR 226.00 DOUBLETREE HOTEL 001,40310-42330- LEAD CONE-C1+IGR,FRTZL,HRKS 825.00 TOTAL PREPAIDS .c,U TOTAL VOUCHER'S 825.00 TOTAL DUE VENDOR 825,990 RUN DATE: 12/30/1998 19:53:30 VOUCHER RE IETE' PAGE. 8 'UEE THRU: PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE AMOUNT DATE CHECK LUCINDA DURAN 001-34740-- RECREAII'Ctk 1 `-UND 54.00 TOTAL PREPA:DS .00 TOTAL VOUCHERS 59.00 TOTAL DUE VENDOR 54.00 EASI FILE 0015510-41100-- 8169 55474 PUG WY"S-MAP HANGERS 235.05 TOTAL PREPAIDS .00 TOTAL VOUCHERS 235.05 TOTAL DUE VENDOR 235.05 EIS ENVIRONMENTAL IMPACT SCIENCES 0015210-44240-- 980801-02 PROF SVCS -INDUSTRY PROJ r,iNJ.6r 0015210-44240-- 981,001-04 PROF SVCS -INDUSTRY PROJ 528.60 TOTAL PREPAIDS .00 TOTAL VOUCHERS 2,76.20 TOTAL DUE VENDOR 27762.20 FLORENTINO FERRER 001 21?002-- 48046 SEC DEP REFUND-HRTG 200.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 200.00 TOTAL DUE VENDOR 200.00 ANNETTE FINNERTY 6015j50-44100 P&R COM -11/19;12%17 30.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 30.00 TOTAL DUE VENDOR: 30.00 tt JGD 7v:DT�I J Lli_a ? 014tavC-4.2`.-- 16144 CCTR; TSS:: fRCF MTC -10128 -10 " 212.17 TOTAL PREPAIDS .00 TOTAL VOUCHERS 21 °.17 TOTAL DUE: 'JE1 70R 212.17 FOOTHILL QUI_='I'iG SUPPLIES 0J1444 -4110 -- 61c:1A 017343:175==' EMER PREP SUPPLS-SAND 243.98 TOTAL PREPAIDS .00 TOTAL VOUCHERS 243.98 TOTAL DUE VENDOR 248.98 FOOTHILL TRANSIT ZOITE ii 55•`_•_-ti5535-- 8'226 4180 DEC -TRANSIT SUBSIDY PR69M 4,599.20 112555:1-455:1-- 3226 9180 DEC -TRANSIT SUBSIDY PRGRM 1,033.44 TOTAL PREPAIDS .00 TOTAL VOUCHERS 5,637.64 TOTAL DUE VENDOR 5,637.64 FRAME WORKS 0014050-41200-- 337" FRAME -RE -WIRE CERTIFICATE 12.99 TOTAL PREPAIDS .00 TOTAL VOUCHERS 12.99 TOTAL DUE VENDOR 12.99 RUN DATE: 12/30/1998 19:53:30 VOUCHER REG] -';TE-' PAGE: 9 DILE: THRU : 01/1/19,9 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DES' RIPIION AMOUNT DATE CHECK JO FRASER 001-34740-- RECREATION REFUND 59.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 59.00 TOTAL DUE VENDOR 59.00 GFOA 0014050-44000-- CAFR REVIEW -F( 97/9`: 415.00 01/05111999 35233 TOTAL PREPAIDS 415.00 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 415.00 MELISSA GOMBERG 001-23002 - 4861:: REFUND SEC DEP-HERITAGE 100.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 200.00 TOTAL DUE VENDOR '200.00 GOPHER SPORT 0015316-42220-- 8131, 626488E SAFETY FENCING -MAPLE HILL 110.82 TOTAL PREPAIDS .00 TOTAL VOUCHERS 110.82 TOTAL DUE VENDOR 110.82 GRAFFITI CONTROL SYSTEMS 001555"-45510-- 7546 DB119113 GRAFFITI REMOVAL-NOV 2,220.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,220.00 TOTAL DUE VENDOR 272.20.00 GSC P'ASSONS 001=313-42:10-- 8021 G9726913 BASKETBALL RIM -HERITAGE 77.34 0015:350-41200-- 8021 69726913 BASKETBALL SUPPLS-NETS 73.07 TOTAL PREPAIDS .00 TOTAL VOUCHERS 150.91 TOTAL DUE VENDOR 150.91 GTE CALIFORNIA 0015,122-4212511-- PHONE SVCS-REAGAN PK 44.3:= 0014010-42125-- PHONE SVCS-MODEM-CCNCL 40.0? 0015 3-J1-42,1[_1__ PHONE SVCS -SYCAMORE CYN 60.21 0014:190-42125-- PHONE SVCS -GEN GOVT 2,011.72 11:5098-42125-- PHONE SVCS -CITY ON LINE 166.92 0015=;.31-42125-- PHONE SVCS -SYCAMORE CYN 2'9.34 0015316-42125-- PHONE SVCS-MAPLEHILL PK 43.59 TOTAL PREPAIDS .00 TOTAL VOUCHERS 2,396.26 TOTAL DUE VENDOR 2,396.26 GTE LEASING 0014090-42,130-- 7682 2156135 PHONE LEASE -JANUARY 513.47 TOTAL PREPAIDS .0c) TOTAL VOUCHERS 513.47 TOTAL DUE VENDOR 513.47 ,p,Y 1 '_IAMO " NAR RUN DATE: 12/30/1998 19:53:30 VOUCHER REGISTEG' PAGE: 10 DUE THRU: 01/05/19x9 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK HDL COREN & CONE 0014090-44010-- 7980 -OPEN SALES TA( AUDIT -4TH OTR98 4,765.34 TOTAL PREPAIDS .00 TOTAL VOUCHERS 4,765.34 TOTAL DUE VENDOR 4,765.34 WILLIAM HERRICK II 001-23002-- 49168 REFUND SEC DEPOSIT-HRTG 50.00 TOTAL FREF'AIDS .00 TOTAL VOUCHERS 50.00 TOTAL DUE VENDOR 50.00 HIC,HPOTNT 00140:5-42111-- 7514 64401 PREPRESS SERVICES-NOTEPD5 162.1'x' 0014095-42111-- 7514 64 2 PREPRESS SERVICES-BWLTRHD 21.65 0014095-42111-- 7514 6433: PREPRESS SERVICES-BCARDS 27.06 0014095-42111-- 7514 64202 PREPRESS SVCS -RESPONSE CD 21.65 00140'35-42111-- 7514 64245',642'1 PREPRESS SVCS-BCRDS,LTRHD 107.17 TOTAL PREPAIDS .00 TOTAL VOUCHERS TOTAL DUE VENDOR 339.91 HOSLE IRELAND 001- 6ED50-- POSTAGE CHARGE REFUND 4.00 TOTAL PREPAIDS .00 TOTAL YOUCHERS 4.00 TOTAL DUE VENDOR 4.00 KAREN HOLDER 0;1`350-441+:,f! P&R COM -11/1"•12/17 810100 TOTAL PREPAIDS .00 TOTAL VOUCHERS: 80.00 TOTAL DUE VENDOR 80.00 JOSHUA 5. HSU 0 1-23012-- 49164 REFUND SEC DEF'-F'ANTERA 50.00 TOTAL PREPAIDS 00 TOTAL VOUCHERS 50.00 TOTAL DUE VENDOR 50.00 . _MA 001-21108-- PP25126 DEF COMP CONTRIB 1,342.30 01/05/1999 35230 TOTAL PREPAIDS 1,342.30 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 1,342.30 ICMA RETIREMENT TRUST -457 001-21108-- PP25/26 PAYROLL DEDUCTNS 575.00 01/05/1999 35231 001-21108-- JAN,P.P2.j 26 BENEFIT CONTRIBUTIONS -JAN 10,90i -IV 0014030-40080-- JAN,PP2_­26 CONTRACT CONTRIBUTION -JAN 400.00 TOTAL PREPAIDS 5715.00 TOTAL VOUCHERS 11,307.58 TOTAL DUE VENDOR 11,882.58 PAGE: 11 PREPAID AMOUNT DATE CHECK 327. 60 1;8.32 315.90 .00 781.82 721.92 480.0!-) 100.00 5F0, 00 580-01) 'Z.'Li1.1U .00 13,211.10 13,211.10 40.00 .00 40.00 40.00 72.00 .00 72.00 72.00 212.32 .0l 212.?2 539.09 .00 539,09 539.09 59.00 .00 59.00 59.00 RUN DATE: 12/30/1998 19:53:30 +•10UC=R HE:I=TE; IJE T-RU: 01l: _11"i9 FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DES--RIF11IN INLAND VALLEY DAILY BULLETIN 0015210-42115-- EiO` 02501941 LEGAL AD-TELECOM ORDNCE 0014090-42320-- 8200 SJ93CRIPIION RENEWAL92,99 0015210-42115-- Sol 05 02501937 LEGAL AD-;UBDIVSN ORDNCE TOTAL PREPA,"DS TOTAL VOUCHERS TOTAL DUE VENDOF INT'L COUNCIL OF SHOPPING CENTERS 001409642330-- COW 5/14-2'7;TMYA/KAJ'WRA 00140955-42315-- ,NL MB `c-4F'-CHANG,OCONNOR TOTAL PREPAIDS TOTAL 'VOUC'HERS TOTAL DUE VENDOR INTERFIATIONAL SERJICES INC 0014411-45410-- 78,60 6124,6497'1 CRSING GURD SYC-OCT-NOV TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR JACK. ISTIK 0015553-44100-- T&T COMM MTG TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR STEPHEN JIANG 0Cti1-=47c:'-- ?911° RECREATIN REFUND TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR JUDICIAL DATA'. SYSTEMS CORPORATION 0014411-45405-- 77" i75i;2 NO'J-F'kk:G CITE_ ACTIVITY TOTAL PREPAIDS TOTAL 'JOUCHERS TOTAL DUE VENDOR 't'&V BLUEPRINT 0014090-41'200-- '217 148 12 TONER/DVLPk-XEROX 2510 TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR YOUNG KAP.G til-:;4740-- 2u190 RECREATION REFUND TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR PAGE: 11 PREPAID AMOUNT DATE CHECK 327. 60 1;8.32 315.90 .00 781.82 721.92 480.0!-) 100.00 5F0, 00 580-01) 'Z.'Li1.1U .00 13,211.10 13,211.10 40.00 .00 40.00 40.00 72.00 .00 72.00 72.00 212.32 .0l 212.?2 539.09 .00 539,09 539.09 59.00 .00 59.00 59.00 KIRK XPEDX is al4t}aia-4120{ --51: K74063ra JAMES RI'JER-COF`Y PAPER 562). 90 TOTAL PREPAIDS .00 TOTAL VOUCHERS 562.90 TOTAL DUE VENDOR 562.90 KLEINFELDER 001-2301 - 0113/50073,_ PROF SVCS -EN 96-157 335.75 RUN DATE: 12/30/1995 19:53:30 VOUCmER REGI -TE-; PAGE: 12 00i-23012-- )UE THRJ: Oli'' /1��9 7570.00 ural-2=:ca12-- 56.23/586731 PROF SVCS -EN 96-157 F'REFAID FUND/SECT-ACCT-PRGJECT-ACCT FO # INVOICE P_S`'RI'=lI'P+ AMOUNT DATE CHECK. KENS HARDWARE TOTAL 'VOUCHERS 1,472.50 0015314-41200-- 7500/OPEN HRTG FR?: CO;l CTR SUPPLS 15.62 0015315-42210-- 75:0/9PEN 6EN SUFF'LIEC- 'ANTERA 23. 14 0015310-41200-- 7580/OPEN PARS MAINT SUPPLIES-NOV 114.95 0015210-412YKl-- 7580/9PEN _-5EN SUFFLIES-PLNG 5.20 0014090-41200-- 7500/OPEN GEN SUPPLIES-CMGR 30.61 TOTAL PREFAIDS .00 TOTAL VOUCHERS 200.52 TOTAL DUE VENDOF 200.52 KIRK XPEDX is al4t}aia-4120{ --51: K74063ra JAMES RI'JER-COF`Y PAPER 562). 90 TOTAL PREPAIDS .00 TOTAL VOUCHERS 562.90 TOTAL DUE VENDOR 562.90 KLEINFELDER 001-2301 - 0113/50073,_ PROF SVCS -EN 96-157 335.75 it{a "ti 7634/58871k "C', PROF ,.CS -EN 'r8-203 2 c_ �: , to 00i-23012-- 0113/5.2'0494 PROF SVCS -EN 96-157 7570.00 ural-2=:ca12-- 56.23/586731 PROF SVCS -EN 96-157 61. 25 LEAGUE OF CA CITIES TOTAL PREF AIDS .00 0',11409ia-42315-- TOTAL 'VOUCHERS 1,472.50 lArlIi)-423'25-- TOTAL DUE VENDOR 1,472.50 LA CELLULAR 0014440-421,25- CELL SVCS-EMER PREP 106.39 TOTAL PREPAIDS ,00 TOTAL VOUCHERS 106.39 TOTAL DUE VENDOR 101.39 EWINA L AU 0i11-23iaia2-- 49174 REFND/DP5T-RON REAGAN 50.00 TOTAL PREFAIDS .00 TOTAL VOUCHERS 50.00 TOTAL DUE VENDOR 50.00 LEAGUE OF CA CITIES 0',11409ia-42315-- 4095'1 195+9 -ANNUAL DUES 0,998.00 lArlIi)-423'25-- I1-1 GEN MIG -12/ 3;CHANG,ANSARI 50.00 00140301-4233(a-- CON= -2%3-5 ; CMGR, FRTZL, HRK. 1,035.00 001 ; 2:30-41325-- :.0040 0014010-42325-- GEN MTG-1/7;HERRERA,OCNNR 41.00 ia014090-4233':-- SOUTHWEST AIRLINE TICKETS 860.00 01/(15/1999 05234 TOTAL PREPAIDS 010.00 TOTALVOUCHERS 10,152.00 TOTAL DUE VENDOR 11,012.00 RAllO LEE 0{i1-23012-- REFND/DEPST-EN 98-215 660.00 TOTAL PREFAIDS .00 TOTAL VOUCHERS 660.00 TOTAL 'DUE VENDOR 660.00 CITY OF DIAMOND BAR RUN DATE: 12/30/1998 19:5330 VOUCHER REGISTER PAGE: 13 DUE THRU: 01/05/1999 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK LEIGHTON & ASSOCIATES 001-23012-- LIE0006115 PROF SVCS -EN 96-140 228.25 001-2:012-- LIE0006115 PROF SVCS -EN 96-140 400.00 001-23012-- LIE0006638 PROF SVCS -EN 98-217 645.00 001-223012-- LIE0006639 PROF SVCS-Ep,'''8-218 295.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,568.25 TOTAL DUE VENDOR 1.56=1.25 JOYCE LEONARD-COLBY 0015553-44100-- T&T COMM MTG-11/12 40.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 40.00 TOTAL DUE VENDOR 40.00 LETTER PERFECT SIGNS 0015318-46250-- 7970 2714 TENNIS SIGNAGE-PANTERA 1,200.03 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,200.03 TOTAL DUE VENDOR 1,200.G3 LEWIS ENGRAVING ICAC 0014090-421101-- 7 905 2139e_ ENVGRAVING SVCS 2315 ^ ��_.88 +:014090-42113-- 7Q05 31430 ENVGRAVING SERVICES 12.56 0014090-4211:3-- 7905 ;3145_, ENVGRAVING SERVICES 17.32 0014090-42113-- ?905 31534 ENVGRAVING SERVICES 46.01 00140,90-42113-- ?9 31434 ENVGRAVING SERVICES 19.49 TOTAL PREPAIDS .00 TOTAL VOUCHERS 331.26 TOTAL DUE VENDOR 331.6 SCOTT LIN 0015553-44t00-- T&T COMM MTG-11/12/9 40.00 TOTAL PREPA1I16 .00 TOTAL VOUCHERS 40.00 TOTAL DUE VENDIOR 40.00 LOS ANGELE=. COUNTY - MTA 112555-455c=-- 815; 119000,7 NOV-TRANSIT SUBSIDY PRG 857.70 112`"3-45` 3-- =1227 1298. 10 DEC -TRANSIT SUBSIDY PRG 544.40 1125553-455:35-- 8227 12,90610 DEC -TRANSIT SUBSIDY FARES 365.60 112`553-45535-- 8157 11980087 NOV-TRANSIT SUBSIDY -FARES 456.30 TOTAL PREPAIDS .00 TOTAL VOUCHERS 2,224.00 TOTAL DUE VENDOR 2,224.00 LOS ANGELES COUNTY SHERIFFS DEPT 0014411-45401-- 12001 NOV-CONTRACT SVCS 304,264.74 0014411-45402-- 11931 SEPT-TRFC CNTRL-CALV CHPL 6,19-5.30 TOTAL PREPAIDS. O<) TOTAL VOUCHERS 310,460.04 TOTAL DUE VENDOR 310,460.04 DEVON LUCAS 001-230 12-- REFND/DEPST-PANTERA 100.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 100.00 TOTAL DUE VENDOR 100.00 M:M PRINTING 0014010-42110-- 971;, COLOR LETTERHEAD IMPRINTS TOTAL PREPAIDS .00 TOTAL VOUCHERS 29.23 TOTAL DUE VENDOR 29.23 METROLINK, 1125553-45533-- 8225 107783, DEC -TRANSIT SUBSIDY PRGRM 4,765.60 1125553-45535-- 8225 107783 DEC -TRANSIT SUBSIDY -FARES 19,044.40 TOTAL PREPAIDS .00 TOTAL VOUCHERS 23,810.00 TOTAL DUE VENDOR 23,810.00 MOPIL MINI INC 001531-46250-- 8176 8176. STORAGE CONTAINR-PANTERA 2,300.31 TOTAL PREPAIDS ..00 TOTAL VOUCHERS 2,300.3 TOTAL DUE VENDOR 21300.31 ROLAND MORRIS 0010553-44100-- T&T COMM MTG-11/12 40.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 40.00 TOTAL DUE VENDOR 40,00 - ' .- _.A1-1%_ :r1 ,. RUN DATE: 12/30/1998 14:53:30 V11UCH': F FEGI:TEi' PAGE: 14 DUE THnU: C' I t "3/1'ia9 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DES' RIFTI]N AMOUNT DATE CHECK LOS ANGELES COUNTY PUBLIC WORKS 2505510-46412-10798-46412 7030/16034 TRAFFIC CONTROL TESTING 1,091.31 0015510-45507-- 7866 962 ROUT NE "!AINT-SEPT 97 4,593.70 0015510-45507-- 7866 1084 ROUTINE MAINT-NOV 97 2,820.56 0015510-45507-- 7:66 I205 ROUTINE *,'INT -JAN 98 4,811.74 0015510-45507-- 7866 1386 ROUTINE MAINT-APRIL 98 5,762.07 250551(1-46412-10798-46412 °220 160'34 TRAFFI2 CONTROL TESTING 509.63 00I5510-455.: 786.._ 2_5:r MHIFd. rC.�IDENT 5;21- .0 _,985.•: 0015510-45507-- 7866• 1266 ROUTINE mAINT-FEB 98 5,726.72 00155I0-4550(-- 7866 1145 ROUTINE "HINT -DEC 97 5,105.:'4 TOTAL PREPAIDS .00 TOTAL VOUCHERS 33,406.66 TOTAL DUE 'VENDOR 33,406.66 LOS ANGELES COUNTY SHERIFFS DEPT 0014411-45401-- 12001 NOV-CONTRACT SVCS 304,264.74 0014411-45402-- 11931 SEPT-TRFC CNTRL-CALV CHPL 6,19-5.30 TOTAL PREPAIDS. O<) TOTAL VOUCHERS 310,460.04 TOTAL DUE VENDOR 310,460.04 DEVON LUCAS 001-230 12-- REFND/DEPST-PANTERA 100.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 100.00 TOTAL DUE VENDOR 100.00 M:M PRINTING 0014010-42110-- 971;, COLOR LETTERHEAD IMPRINTS TOTAL PREPAIDS .00 TOTAL VOUCHERS 29.23 TOTAL DUE VENDOR 29.23 METROLINK, 1125553-45533-- 8225 107783, DEC -TRANSIT SUBSIDY PRGRM 4,765.60 1125553-45535-- 8225 107783 DEC -TRANSIT SUBSIDY -FARES 19,044.40 TOTAL PREPAIDS .00 TOTAL VOUCHERS 23,810.00 TOTAL DUE VENDOR 23,810.00 MOPIL MINI INC 001531-46250-- 8176 8176. STORAGE CONTAINR-PANTERA 2,300.31 TOTAL PREPAIDS ..00 TOTAL VOUCHERS 2,300.3 TOTAL DUE VENDOR 21300.31 ROLAND MORRIS 0010553-44100-- T&T COMM MTG-11/12 40.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 40.00 TOTAL DUE VENDOR 40,00 RUN DATE: 12/30/1996 19:53:30 VOUCHER REGISTER PAGE: 15 DILE THRU: PREPAID FUND/SECT-ACCT-PRQ!ECT-ACCT PO # INVOICE CES!;RIP113N AMOUNT DATE CHECK MT. BALDY UNITED WAY 001-21113-- PP25-2' PiR DEDUCTIONS 88.00 TOTAL PkEP'AIDS .00 TOTAL VOUCHERS 88.00 TOTAL DUE VENDOR 8;.00 ALI NASIR 001-:4740-- 2rc522 RECREATION REFUND 59.00 TOTAL PREPAIDS 00 TOTAL VOUCHERS 59.0:: TOTAL DUE VENDOR 59.00 NEKTEL 0014440-42130-- 7879 42C557 TWO WAY RADLO SRVCS-NOV 199.71 TOTAL PREPAIDS .00 TOTAL VOUCHERS 199.71 TOTAL DUE VENDOR 199.71 NjP SPORTS 0015322-46410-- 8116 74907 WINDSCREEN-RRLN-TENS CRTS 2,065.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 2,065.00 TOTAL DUE VENDOR 2,065.00 DANIEL NOLAN 0015350-44100-- P&P COM711/19,12/17 80.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 80, .':1Ci TOTAL DUE VENDOR 80,00 DEBORAH O' CO i O. ±x014'010-42"25-- MILEAGE REIMS-KNABE 12/10 19.50 0014010-4232=:-- MILEAGE REIMB-CCCA 12/10 19.50 TOTAL PREPAIDS .00 TOTAL VOUCHERS 39.00 TOTAL DUE VENDOR' 39.00 O'ROURKE ENGINEERING 0015551-45221-- 8099 TRAFFIC SIGNAL ANALYSIS 1,43.4.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,432.00 TOTAL DUE VENDOR 1,432.00 OAK TREE LANES 0015350-44300-- BOWL-A-RAMA SUPPLS 72.00 01/75/1999 35228 TOTAL PREPAIDS 72.00 TOTAL VOUCHERS .0c, TOTAL DUE VENDOR 72.00 OSAGE/SOLSOURCE 0014; 5-46215-- 8192 0015004-IN NETWRK/INTRNET ANTIVIRUS 1,985.84 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,985.84 TOTAL DUE VENDOR 1.985.84 RUN DATE: 12/30/1998 19:53:30 VOUCHER RESISTS'? PAGE: 16 31' THRU: 011::5/1999 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DES;RIFT;3N AMOUNT DATE CHECK PARSONS BRINCKERHOFF, QUADS & 0014090-42325-- PB#5551 4 -CORNERS MTG 11/9 205.00 TOTAL PREPA DS .00 TOTAL VOUCHERS 205.00 TOTAL DUE ')ENDOR 205.00 PAYROLL TRANSFER 001-10200-- PAYROLL TRANSFER-PP26 56,400.00 01/05/1 99 26 001-102:10=- PAYROLL TRANSFER-PP25 64,:300.00 01/05/1999 25 TOTAL PREPAIDS 122,700.00 TOTAL VDUCHERS .00 TOTAL DUE VENDOR 122,7011.00 MARIE PENDLETON 001-34740-- RECREATION REFUND 54.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 59.00 TOTAL DUE VENDOR. 59.00 PERS RETIREMENT FUND C!U1-2110'?-- PP26 SURVIVOR BENEFIT -EE 29.76 PF26 MILITARY BUYBACK CONTR 509.69 001-21149-- PP26 RETIREMENT CONTR-EMPLYR 3,468.14 00i -211,1:y__ P24 -RETIRE CONTRIB-EE 3,989.14 01/05/1919 35226 001-21109-- P24 -RETIRE CONTRIB-ER 3,509,27 01/05/1999 35226 001-2ii09-- PP25-RETIRE CONTRIB-EE 3,943.47 01/05/1999 35229 01!1-21109-- PP25-SURVIVOR BENFT-EE 29.76 01/('`;1911 35229 I !i-21109-- PP25-MILITARY CONTRIB 509.69 01;,!5/1999 35229 1-1110: 25 r F'P�_�-RETIRE CQ�;,RIB-EF.' 9 C ^,46,.10 111/0./119'? •�.��1? 35229 522 !01-2i11j'i+-- P24-SURVIVtOR BENEFIT -EE 29.76 01/05/1999 35226 001-211+?`- P24 -MILITARY CONTRIB it' ,f 9 5:: 0t./05/1999 26 352 PP2. RETIREMENT CONTR-EMPLYE 3,942.22 TOTAL PREF'AII!_ 15,980.8:3 TOTAL VOUCHERS 7,949.97 TOT�d DUE VENDOR. 23,937.85 LUrT �:E E T, .SLE � T nS=. RECREATION REFUND '9.1111 TOTAL PREPAIDS .00 TOTAL VOUCHERS 39.00 TOTAL DUE VENDOR 0O PITNEY BOWES INC C)C)i40''1t-4213(!-- 7657 3616138-D09=; RENT -MAILING EQUIP -DEC 369.90 TOTAL PREPAIDS ,On TOTAL VOUCHERS 369.90 TOTAL DUE VENDOR. 369.90 POMONA VALLEY PT PE o SUP'P'LY CORP 0015310-41200-- 11:1347 PLUMBING SUPPLS-PARKS 4.42 TGTAL PREPAIDS 00 TOTAL VOUCHERS 4.42 TOTAL DUE VENDOR 4.42 CITY OF DIAMOND BAR RUN DATE: 12/30/1998 19:53:30 VOUCHER REGISTER PAGE: 17 DUE THRU: 01/'?5/1999 PREPAID FUND/SECT-ACCT-PROJECT-ACCT F'O # INVOICE DESCRIPTION AMOUNT DATE CHECK: ROBERT PRESTON 001-347221>-- 480138 REC REFUND-CHRISTMS SPECT 126.00 TOTAL F'P,EPAIDS .00 TOTAL VOUCHERS 126.011 TOTAL DUE VENDOR 1'2'_ .00 PRO TECH ENGINEERING CORPORATION 2505510-46412-12598-46412 74?i 154615 TRAFFIC 5IGPdAL INSTALLATI 27.900.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 27,900.00 TOTAL DUE VENDOR 27,900.00 PROFESSIONAL BINDING PRODUCTS 0014090-41200-- PSI00019-115 CAFR BINDING SUPPLIES 15.1:_ TOTAL PREPAIDS .00 TOTAL VOUCHERS 15.1=: TOTAL DUE VENDOR 15,1:: PROTECTION SERVICE INDUSTRIES 00153:31-42126-- 753154=.227, 2 6,21 ALARM SVC-SYC CYN -DEC -MAF; .6 62 8- 1;0115314-42126-- '531 543227,26,'21 ALARM SVC-HRTG Pi: -DEC -MAR 133.56 TOTAL PREPAIDS .00 TOTAL VOUCHERS 216.24 TOTAL DUE VENDOR 216.24 YVONNE PRUITT 00t53`-0-44100- F:.R COM -11!1'-.,12/17 80.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 80.00 TOTAL DUE VENDOR 100 R & D BLUEPRINT 00115210-42110-- 405:--x'`78 PRTG-MAPS/TELECOM REPORT: 1.67.64 46:16 PF'INTING-EN 98-206 7.14 TOTAL PRcF'AIDS .()Cl t U l L VOUCHERS TOTA'j- DUE VENDOR 1,';74.98 RALPHS GROCERY COMPAN OUi53:f)-41200-- 7526 4L ` /42560 GEI SUPPLS-TINY TOTS 55.07 1255215-41200-- 7C }J 46550/46560' GEN SUPPLE-SENI9RS 32.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 8'.07 TOTAL DUE VENDOR 87.07 A"RLEN RALLA, 001-34760-- RECREATION REFUND 182.00 TOTAL PREF'ATDS ,fuj TOTAL VOUCHERS 1'.Oti TOTAL DUE VENDOR f62.f)0 PAGE: 10 PREPAID AMOUNT DATE CHECK. 3,066.71 ",066.71 29.32 . Of) -19 27 J: . ,Ge 4`;1.4- 52 304.681 .00 1,482.39 -9 419.40 .00 419.40 419.40 54.49 7'2.49 75.00 2.51 .00 204.4? 204,49 41x,00 01/05/1999 35227 2tr.00 01/05/1999 35227 F-O.v .00 60.00 629,2^ 169. x0 .00 79c. 28 792.2== RUN DATE: 12/30/1992 19:53:30 '10UCHER fiEE]c.TE ; DUE: THiU: 01/:5/1'a'�9 FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE D_0_RFTI3N RECOGNITION INC 0014090-41400-- 7'937 9811233 C[Tt SEA- T LE AWARDS TOTAL PREPADS TOTAL VOUCHERS TOTAL DUE IENDOR REINBERGER PRINTWERKS INC 0014090-42110-- 7499 9465 PRTG-E!jINES5 CARDS TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR REMEDY 00 15210-4400 -- ;1 -� 7`a%.J, TEMP SVCS-PLNG WE 0015,210-44000-- c15E, 72482 TEMP SVCS-PLNG W/E 11/15 0015210-44000-- 31-* 076239 TEMP SVCS-W/E 11/2'2-PLNG x015210-44000-- 18t19 724:31,•"_•2 TEMP SVi;S-PLNG-W%E 11/15 0014060-44000-- 7445/019745 TEMP SVCS-FIN-W/E 2!9/9= TOTAL PREPA%DS TOTAL VOUCHERS TOTAL DUE VENDOR. RICHARDS uiATS,=N & GERSHON 0014021 -44021-- 7;,42 -OPEN SP LGL SVCS -IPS OCT TOTAL PREF=IDS TOTAL t'OUCHER5 TOTAL DUE VENDOR Di. -'A CIVIL ENGINEERS INC 0015551-45220-- 4092/7126 PLAN CHECK SVCS -TPM 23342 0(115551-45223-- 4')'61 � ,722� F PLAN CHECK: SVCS -?PM �_233 •�22 001555i-45223-- 4:;x.,2/722'.: PLAN CHECK. SVCS -TMP 23342 001«5-1-45'2'2'.-- 4099;7:'2-. PLAN CHECK: SVCS-F'ARCELMRP TOTAL PREPAID5 TOTAL VOUCHERS TOTAL DUE VENDOR CABRIEL 'JA LI_Y CITY MGR ASSOC 0ti43r-4232.=-- GEN MTG-CMGR-2''2/16 111`11-4 =-- GEN MT; -ACM -12;I6 TOTAL PREF'AIDS TOTAL VOUCHERS TOTAL DUE VENDOR. SAN GABRIEL VALLEY TRIBUNE 0t.?1-`210-4211=-- 11/1-;11;'10 LGL AD-TELECOM/SUDDIV ORD 601 8117 T!"I SliBSCRIP71ON RENEWAL TOTAL PR.EF'AII13; TOTAL VOUCHERS TOTAL DUE VENDOR PAGE: 10 PREPAID AMOUNT DATE CHECK. 3,066.71 ",066.71 29.32 . Of) -19 27 J: . ,Ge 4`;1.4- 52 304.681 .00 1,482.39 -9 419.40 .00 419.40 419.40 54.49 7'2.49 75.00 2.51 .00 204.4? 204,49 41x,00 01/05/1999 35227 2tr.00 01/05/1999 35227 F-O.v .00 60.00 629,2^ 169. x0 .00 79c. 28 792.2== CITY OF DIAMOND BAR RUN DATE: 12/30/1995 19:53:30 VOUCHER. REGISTER PAGE: 19 DUE THRU: 01/0; /1999 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK. SCTC INSTITUTE 0015310-42340-- 5124 446 LNDSCPE WKSHP-12/9-HENSLY 95.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 95.00 TOTAL DUE 'VELAR 9500 SECTRAN SECURITY 0014090-44000-- 7'.3,70 12092 BANE:: COURIER SVCS -DEC 187.00' TOTAL PREPAIDS .00 TOTAL VOUCHERS 187.00 TOTAL DUE VENDOR 187.00 OCTAVIO SEVILLA 001-23002-- REFND/DEPST-HRTG COM CTR 200.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 200.00 TOTAL DUE VENDOR 200.00 ANAND SHAH 001-34740-- RECREATION REFUND 59.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 59.00 TOTAL DUE VENDOR 59.00 SOUTHERN CALIFORNIA EDISON 0015:18-42126-- ELEC SVC-PANTERA 1020a3 :015311-42126-- ELEC SVC -P GROW P:. 44.6:+ 13�55S9-4212 -- ELEC SVCS-LLAD 29 265 015328-42126-- ELEC SVC-SUMMITRIDGE 172,89- 72.8'0015316-42126-- 0015316-42126-- ELEC SVC-MPLHILL PK 332.75 00152,19-42126-- ELEC SVC -PETERSON 1,940.70 141:541-4212,1--- ELEC SVCS-LLAD 41 136..66 00153:31-42i26-- ELEC SVC -SYCAMORE CYN 347.44 0015510-42126-- ELEC SVCS -TRAFFIC 296.44 0015322-42126-- ELEC SVC-REAGAN PK 406.84 1=05538-42126-- ELEC SVCS -MAD 38 263.88 1385538-42126-- ELECT SVCS-DIST #28 41.61 TOTAL PREPAIDS .00 TOTAL 'VOUCHERS 5,399.25 TOTAL DUE VENDOR 5,399.25 SOUTHERN CALIFORNIA GAS COMPANY 0015:314-42126-- GAS SVCS-HRTG COM CTR 259.64 TOTAL PREPAIDS loci TOTAL VOUCHERS 259.64 TOTAL DUE VENDOR 259.64 STANDARD INSURANCE OF OREGAN 001-21106-- BEC-SUPPL LIFE INS PREMS 186.40 01/05/1999 352225 Trial -21106-- DEC -LIFE INS PREMS 446.60 01/05/1999 35225 001-21106-- JAN-SUPPL LIFE INS PREMS 214.90 001-21106-- JAN -LIFE INS PREMS 446.60 TOTAL PREPAIDS 63:3.00 TOTAL VOUCHERS 661.50 TOTAL DUE VENDOR 1,294.50 _.. _- ....H* -i. _W. RUN DATE: 12/30/1995 19.53:30 VOUCHER PEGI!I'Ef< PAGE: 20 DUE THRU 1,1/05/1W9 FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPT:ON PREPAID AMOUNT DATE CHECK SUBWAY 0014096-42325-- 7661/OPEN GEN MTG SUPPLS-12/15 3.99 0014090-42325-- 7661 -OPEN COG MTG-la.'/12/7 25.94 TOTAL PREPAIDS ,00 TOTAL VOUCHERS 29,93 TOTAL DUE VENDOR T9. KI, TERRA FIRMA SERVICES 001,512,10-44600— REPLCMr7 FOR CHK #3911c, 4,99'x.66 61/05/1999 35224 0015216-4461,06-- 7577 DE9:t572 FL SVCS -ADR- c-34/DR9O-10 5,666.60 TOTAL PREPAIDS 4,999,00 TOTAL VOUCHERS 5,060.06 TOTAL DUE VENDOF c5yg:-:,Cit CARYN TSUCHIYAMA 001-34746-- 2`'F,4'' RECREATION' REFUND 5,x.00 TOTAL PREPAIDS .itis TOTAL VOUCHERS 5^ Crit TOTAL DUE VENDOR 59.'DO UCR EXTENSION v0: 3-42341;-- =i1 =5 2i 3:36 LN0GCPE TRI':--12/15-11ENSLY 144.a�-0 _ TOTAL PREFA;IDS itrj TOTAL VOUCHERS 144.06 TOTAL DUE VENDOR 144,6f} UP- CUuTOMHCUSEi dF G t ,Jk.E`.• E C ISJ•JJ1_-414;��__ 56424:41 FREIGHT -CANVAS BAGS 29.06 TOTAL PREPAIDS .00 TOTAL VOUCHERS 29,0(t TOTAL DUE VENDOR. 21Q.00 ' AN! WINK:; -E ANfI AFFILIATES �CG5310-4,_4410-C}659;-46415 627=;`... r VICEOGRAPHY SVCS-PANTERA 4 36:x.40 it l 55 44 ""- �� : ` % JCS ) dIDEOGRAFHY . L' r.CS-F'ANTStr,A ER h 1,0 1.10 TOTAL PREPAIDS ,6Ci TOTAL VOUCHERS J,394.50 TOTAL DUE VENDOR 5,394,56 AI vt,.GIt,r•.t, 00155 5;1-44106-- T&.T COMM MTG 11/12/95 40.00 TOTAL PREPATDS itij TOTAL VOUCHER`= 40.06 TOTAL DUE VENDOR 40.06 v.b:JPd FLAN Cil -211}7-- JAN -VISION PREMS 9=,3.01 TOTAL PREPAIDS .00 TOTAL VOUCHERS TOTAL DUE VENDOR 933.01 WESTERN GIFT DISTRIBUTORS PAGE: 21 PREPAID AMOUNT DATE CHECK 1255215-41200-- 81175 614244 BINGO SUPPLIES—SENIORS TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR NANCY WHITEHOUSE 0014091.-42:325-- CITY HOLIDAY PARTY SUPPLS TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR 29.67 .00 29.67 2-9.67 660.42 100.00 176.55 163.42 98.36 .00 4 lqo ,5 4,19".75 20.40 . 00 20.40 20.40 � 1, 6225. 00 10 ,444.00 10,444,00 46.49 48. 4'i+ 48. 49 39.00 ?9.00 39.00 .00 156.00 156.00 117.99 . Dia 117.9'? 117.99 132.82' 01/05/1999 3522i 132.°- .CRa 132.,'-3'2 RUN DATE: 12/30/1998 19:53:30 VOUCHER REGIS -TE: DUE THRU : 01/i-5/1999 FUND/SECT—ACCT—PRQJECT—ACCT PO # INVOICE UES--RIPT'•IN WALNUT STATION FUND 0014411-42325-- kiTi SJ" -,—LS -11/5 TOTAL TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR WALNUT VALLEY WATER DISTRICT 1315538-42126-- WATER S"VC-E—LIST #38 0014440-42126-- ANNUAL RENT—EASTGATE SITE 0015318-42126-- MATER 5'JC�—PANTERA PRK: 13815538-42126-- WATER SVCS—DIST #38 0015558-45509-- TREE WATERING SVCS TOTAL PREPAID; TOTAL VOUCHERS TOTAL DUE VENDOR WEST COACH CORPORATION 0014010-41200-- NAME PLATES—MYR/MYRFROTEM TOTAL PREFAIDS TOTAL VOUCHERS TOTAL DUE VENDOR WEST COAST ARBORISTS INC 00155581-4550:-- '547 14Ql6 CITY WIDE TREE MAINT—NOV 0015558-45509-- 7=19 146451 TREE PLN?C' SVCS—P;OV TOTAL PREPAIDS TOTAL '.'OUCHERS TOTAL DUE VENDOR. WEST END UNIFORMS 0014415-4I200-- TE3= 4.;34;; VOLUNTEER PATROL UNIFORMS TOTAL PREPAIDS TOTAL VOUCHER'S TOTAL DUE VENUOIR WESTERN CITY MAGAZINE 00152710-42_:20-- 407974 SUBSCRIPTN RENWL—NELSON 0015210-42320-- 407924 SUBSCR.IPTN RENEWAL—KUO 0015210-42320-- 407925 SUBSCRIPTN RENWL—TYE 0015210-42320-- 407972' SUBSCRIPTN RENEWAL—RUZYA TOTAL PREPAICS TOTAL VOUCHERS TOTAL DUE VENDOR WESTERN GIFT DISTRIBUTORS PAGE: 21 PREPAID AMOUNT DATE CHECK 1255215-41200-- 81175 614244 BINGO SUPPLIES—SENIORS TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR NANCY WHITEHOUSE 0014091.-42:325-- CITY HOLIDAY PARTY SUPPLS TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR 29.67 .00 29.67 2-9.67 660.42 100.00 176.55 163.42 98.36 .00 4 lqo ,5 4,19".75 20.40 . 00 20.40 20.40 � 1, 6225. 00 10 ,444.00 10,444,00 46.49 48. 4'i+ 48. 49 39.00 ?9.00 39.00 .00 156.00 156.00 117.99 . Dia 117.9'? 117.99 132.82' 01/05/1999 3522i 132.°- .CRa 132.,'-3'2 REPORT TOTAL PREPAIDS 150,679.84 REFORT TOTAL VOUCHERS 794,288,57 REPORT TOTAL 944,968.41 RUN DATE: 12/30/1998 19:53:30 VOUCHER REGISTF.' PAGE: 22 DUE THRU : O 1 / O5/ 1'�9 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK THE WORK. STATION LLC 0014090-42110-- 8180 1634 PRTG-TRAIL/SNRS GRANTS 120.99 0014095-42110-- 7960 1369 COPIES-ICSC CONF 9/23-25 72.26 TOTAL PREPAIDS ,Oil TOTAL VOUCHERS 193.25 TOTAL DUE VENDOR 193.25 WF'A 0015551-45221-- 7914 GRND AVE TRAFC STUDY 3,507.50 TOTAL PREPAIDS .00 TOTAL VOUCHERS 3,507.50 TOTAL DUE VENDOR 3,507.50 PAUL WRIGHT 0014090-44000-- 7584 AUDIO/VISUAL SVCS -DEC 507.50 TOTAL PREPAIDS .00 TOTAL VOUCHERS 507.50 TOTAL DUE VENDOR 507.50 TED YEH 001-2:3`12-- REFND DEPST-EN 98-216 575.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 575.00 TOTAL DUE VENDOR 575.00 YOSEMITE WATERS 0015314-41200-- 7518 NOV58292 WATER SUPPLS-NOV 83.98 0015310-42130-- NOV58292 NOV-EQUIP RENTAL 19.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 102.98 TOTAL DUE VENDOR 102.98 REPORT TOTAL PREPAIDS 150,679.84 REFORT TOTAL VOUCHERS 794,288,57 REPORT TOTAL 944,968.41 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. r - TO: Terrence L. Belanger, City Manager MEETING DATE: January 5, 1999 ,� REPORT DATE: December 22, 1998 FROM: Linda G. MagnusoCAssistant Finance Director TITLE: Treasurer's Report - November 30, 1998 SUMMARY: Submitted for the City Council's review and approval is the Treasurer's Statement for the month of November, 1998. RECOMMENDATION: Review and approve. LIST OF ATTACHMENTS EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: X Staff Report _ Resolution(s) Ordinance(s) Agreement(s) _ 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? NIA _ Yes —No 4. Has the report been reviewed by a Commission? N/A _ Yes —No Which Commission? 5. Are other departments affected by the report? N/A _ Yes —No Report discussed with the following affected departments: REVIEWED BY: DEPARTMENT HEAD: Aerrence L. Belanger Linda G. Magnus n Citv Manaaer Assistant Finance Director CITY COUNCIL REPORT MEETING DATE: January 5, 1999 AGENDA NO. TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Treasurer's Statement - November 30, 1998 ISSUE STATEMENT: Per City policy, the Finance Department presents the monthly Treasurer's Statement for the City Council's review and approval. RECOMMENDATION: Approve the November, 1998 Treasurer's Statement, FINANCIAL SUMMARY: No fiscal impact. BACKGROUND: Submitted for the Council's review and approval is the Treasurer's Statement for the month of November, 1998. This statement shows the cash balances for the various funds, with a breakdown of bank account balances, investment account balances and the effective yield earned from investments. The City's Deferred Compensation balances which are managed by ICMA are also being reported. The City receives ICMA statements on a quarterly basis. The balances reported are as of September 30, 1998. PREPARED BY: Linda G. Magnuson TREASURER'S MONTHLY CASH STATEMENT November 30, 1998 TOTAL CASH $21,740,012.37 Note: The City of Diamond Bar is invested in the State Treasurer's Local Agency Investment Fund. All funds are available for withdrawal within 24 hours. Investment in the Local Agency Investment Fund is allowed under the City's formally adopted investment policy. As a secondary investment option, the City continues to maintain the US Treasury Sweep Account with Wells Fargo. Any excess funds are "swept" on a daily basis from the City's bank accounts and are invested overnight into an investment pool of US Treasury Notes. Interest is credited to the City's bank account on a monthly basis. L.A.I.F - Effective Yield for October 1998 5.557% Money Market -Effective Yield for October 1998 4.390% GENERAL FUND $13,178,353.23 $806,350.93 $2,786,824.46 $11,197,879.70 LIBRARY SERVICES FUND 106,399.54 467.33 105,932.21 COMMUNITY ORG SUPPORT FD 281.26 281.26 GAS TAX FUND 3,131,621.12 1,099.18 3,132,720.30 TRANSIT TX (PROP A) FD 1,861,899.52 24,374.10 69,603.25 1,816,670.37 TRANSIT TX (PROP C) FD 2,294,382.21 2,294,382.21 ISTEA FUND 0.00 0.00 INTEGRATED WASTE MGT FD 157,528.00 22,193.95 3,719.61 176,002.34 SLTTP FUND 150,178.00 150,178.00 AIR QUALITY IMPRVMNT FD 140,844.64 140,844.64 TRAILS & BIKEWAYS FD (SB 821) 29,249.03 29,249.03 PARK FEES FUND 277,918.88 277,918.88 S PARKS GRANT (PRP A) FD (451,932.18) (451,932.18) FACILITIES & PARK DEVEL. FD 1,356,240.49 1,356,240.49 COM DEV BLOCK GRANT FD 14,450.03 3,000.00 7,086.47 10,363.56 CITIZENS OPT -PUBLIC SAFETY FD 382,890.18 3,421.78 379,468.40 NARCOTICS ASSET SEIZURE FD 309,399.96 309,399.96 LANDSCAPE DIST #38 FD 389,740.75 3,658.79 4,302.30 389,097.24 LANDSCAPE DIST #39 FD 100,903.68 2,790.71 4,683.23 99,011.16 LANDSCAPE DIST #41 FD 260,311.98 336.26 3,507.64 257,140.60 GRAND AV CONST FUND 139,130.78 139,130.78 CAP IMPROVEMENT PRJ FD (841,615.91) 146,349.43 (987,965.34) SELF INSURANCE FUND 917,998.76 917,998.76 TOTALS $23,906173.95 $863,803.92 $3,029,965.50 $0.00 $21,740,012.37 SUMMARY OF CASH: DEMAND DEPOSITS: GENERAL ACCOUNT $85,736.86 PAYROLL ACCOUNT 836.35 CHANGE FUND 200.00 PETTY CASH ACCOUNT 500.00 TOTAL DEMAND DEPOSITS $87,273.21 INVESTMENTS: US TREASURY Money Market Acct. $250,138.58 TIME CERTIFICATES 0.00 COMMERCIAL PAPER 0.00 LOCAL AGENCY INVESTMENT FD 21,402,600.58 TOTAL INVESTMENTS $21,652,739.16 TOTAL CASH $21,740,012.37 Note: The City of Diamond Bar is invested in the State Treasurer's Local Agency Investment Fund. All funds are available for withdrawal within 24 hours. Investment in the Local Agency Investment Fund is allowed under the City's formally adopted investment policy. As a secondary investment option, the City continues to maintain the US Treasury Sweep Account with Wells Fargo. Any excess funds are "swept" on a daily basis from the City's bank accounts and are invested overnight into an investment pool of US Treasury Notes. Interest is credited to the City's bank account on a monthly basis. L.A.I.F - Effective Yield for October 1998 5.557% Money Market -Effective Yield for October 1998 4.390% CITY OF DIAMOND BAR TREASURER'S MONTHLY CASH STATEMENT TOTAL OF DEPOSITS 739,375.58 Note: These investment options are at the discretion of the employees Due to the complexity of the funds, which are solely handled by ICMA, the City is only reporting the balances available in in the various instruments The reporting period reflects the most current quarter reported by ICMA to the City. TOTAL CASH AND INVESTMENTS $22,479,387.95 All investments are placed in accordance with the City of Diamond Bar's Investment Policy. The above summary provides sufficient cash flow liquidity to meet the next six month's estimated expenditures. Terrence L. Belanger, Treasu November 30, 1998 (page 2) INVESTMENT: DEFERRED COMPENSATION ACCOUNT (AS OF 9/30/98) ICMA Retirement Corporation - 457 Plan: AGGRESSIVE OPPORTUNITY FUND 5,277.42 INTERNATIONAL FUND 7,757.01 OVERSEAS EQUITY INDEX FUND 0.00 GROWTH STOCK FUND 92,478.76 MID/SMALL CO. INDEX 0.00 BROAD MARKET FUND 2,045.81 500 STOCK INDEX FUND 6,200.92 EQUITY INCOME FUND 13,765.60 ASSET ALLOCATION FUND 50,886.14 SOCIAL RESPONSIBILITY FUND 0.00 CORE BOND FUND 15,041.34 US TREASURY FUND 19,085.49 CASH MANAGEMENT FUND 3,524.72 PLUS FUND 404,239.61 GUARANTEED FUND 0.00 SAVINGS ORIENTED 1,009.29 CONSERVATIVE GROWTH 3,569.08 TRADITIONAL GROWTH 52,040.49 LONG TERM GROWTH 11,490.00 MS MOMTM GROWTH 370.82 MS CAPITAL APPRECIATION 14,189.72 MS GROWTH 5,034.04 MS CONTR GROWTH 3,490.88 MS GROWTH & INCOME 19,921.85 MS SP SITUATION 6,046.88 MS BALANCED 1,909.71 TOTAL OF DEPOSITS 739,375.58 Note: These investment options are at the discretion of the employees Due to the complexity of the funds, which are solely handled by ICMA, the City is only reporting the balances available in in the various instruments The reporting period reflects the most current quarter reported by ICMA to the City. TOTAL CASH AND INVESTMENTS $22,479,387.95 All investments are placed in accordance with the City of Diamond Bar's Investment Policy. The above summary provides sufficient cash flow liquidity to meet the next six month's estimated expenditures. Terrence L. Belanger, Treasu CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. 6__k TO: Honorable Mayor and Members of the City Council MEETING DATE: January 5, 1999 REPORT DATE: December 21, 1998 FROM: Terrence L. Belanger, City Manager TITLE: Authorization to the City Manager to Purchase a 1999 Dodge Caravan. SUMMARY: Three vendors listed on the Statewide Purchasing Vendor List provided price quotes for a 1999 Dodge Caravan. Pursuant to the City's Purchasing Ordinance, City Council must grant approval for the City Manager to sign the necessary purchasing documents because the cost of the vehicle exceeds Ten Thousand Dollars ($10,000). With City Council approval, staff intends to purchase a mini -van from Lasher GMC/Dodge for the amount of $21,088.18. RECOMMENDATION: It is recommended that the City Council of the City of Diamond Bar authorize the City Manager to purchase the 1999 Dodge Caravan from Lasher GMC/Dodge for the amount of $21,088.18. LIST OF ATTACHMENTS: X Staff Report Resolution(s) Ordinance(s) Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: _Public Hearing Notification _ Bid Specification Other: 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? N/A _ Yes —No 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 t Anne M. Haraksin Administrative Assistant CITY OF DIAMOND BAR AGENDA REPORT AGENDA N0. TO: Terrence L. Belanger, City Manager MEETING DATE: January 5, 1999 REPORT DATE: December 30,1998 FROM: Bob Rose, Community Services Director TITLE: Award of Contract to Bieber Lighting Corporation for the Replacement of Tennis/Basketball Court Lighting Fixtures at Ronald Reagan Park. SUMMARY: There are 22 lighting fixtures mounted on 14 poles at Ronald Reagan Park to provide for the lighting of the three tennis courts and one basketbau court In order to re-establish the lighting levels necessary for safe night-time play and to reduce the glare experienced by residents who live adjacent to the park, it is necessary to replace the existing light fixtures. In order to obtain a qualified contractor to provide the professional services necessary to provide this maintenance worts, staff released a Request For Proposals (R.F.P.). There was one response to the R.F.P., which was from Bieber Lighting. After checking the status of their contractors license and 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 worts and are experts at controlling light glare. RECOMMENDED ACTION: It is recommended that the City Council award a contract to Bieber Lighting Corporation for the replacement of tennis/basketball court lighting fixtures of Ronald Reagan Park in the amount of $16,556. It is further recommended that the City Council appropriate $1,556 from General Fund reserves for this project, to fully fund its cost. LIST OF ATTACHMENTS: X Staff Report — Public Hearing Notification _ Resolution(s) _ Bid Specifications (on file in City Clerk's office) _ Ordinance(s) X Other Request for Proposals X Agreement(s) Contractor's Proposal EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? X Yes _ No 2. Does the report require a majority vote? X Yes _ No 3. Has environmental impact been assessed? _ Yes X No 4. Has the report been reviewed by a Commission? _ Yes X No What Commission? 5. Are other departments affected by the report? _ Yes X No Report discussed with the following affected departments: RE EWED BY:� Terrence L. Belanger James DeStefano Bob Rose City Manager Deputy City Manager Community Services Director CITY COUNCIL REPORT MEETING DATE: January 5, 1999 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Award of Contract to Bieber Lighting Corporation for the Replacement of Tennis/Basketball Court Lighting Fixtures at Ronald Reagan Park Issue Statement Award of contract for an amount over $10,000 requires City Council approval. Shall the City Council award a contract to Bieber Lighting Corporation for the replacement of Tennis/Basketball Court lighting fixtures at Ronald Reagan park in the amount of $16,556? Recommendation It is recommended that the City Council award a contract to Bieber Lighting Corporation for the replacement of Tennis/Basketball Court lighting fixtures at Ronald Reagan Park in the amount of $16,556. It is further recommended that the City Council appropriate $1,556 from General Fund reserves for this project, to fully fund its cost. Financial Summary There is currently $15,000 in the 1998/99 F.Y. Budget for this project. The proposal from Bieber Lighting is for $16,556. Staff is recommending that the City Council allocate $1,556 from General Fund reserves to fully fund this project. BackgroundfDiscussion Tennis court and basketball court lighting fixtures require routine maintenance in order to preserve the lighting levels needed for safe night play. The type of maintenance normally required includes replacement of lens, replacement of reflectors, painting of the fixtures and replacement of the light bulbs. The lighting fixtures at Ronald Reagan Park require all of these maintenance needs. Another way to resolve these maintenance issues is to replace the existing lighting fixtures with new fixtures, which is what staff recommends for Ronald Reagan Park. In addition to the maintenance needs, there have been several complaints received from residents living adjacent to Ronald Reagan park about the glare from the lights. The glare should be able to be controlled by lowering the fixtures to 20ft (from the current 3011t) and by installing glare shields. On November 24,1998, staff released a Request For Proposals (R.F.P.) to seek a qualified contractor to provide the professional services required to replace the existing lighting fixtures and to resolve the issues related to glare. There was only one response to the R.F.P., from Bieber Lighting Corporation. The scope of work proposed by Bieber Lighting matches that requested in the R.F.P.: 1. Remove existing light fixtures and dispose. 2. Cut existing 30' pole to a height of 20'. 3. Mount new "shoe box" style lighting fixtures to 20' poles per manufacturer's specifications. 4. Provide new 1000 watt metal halide bulbs and install in each lighting fixture. 5. Lighting fixture shall have 48" extension arm. 6. Lighting fixture shall restrict glare from impacting neighboring residences. Staff has checked on the status of Bieber Lighting's contractor's license and references. They carry at C-10 Classification of contractor's license, which is for general electrical work and its status according to the State of California Contractors State License Board is active and clear (no adverse actions on license). Bieber Lighting provided 90 references regarding the quality of their work. These 90 references involved work on over 700 tennis courts throughout the nation. A sample of these references were checked by staff and the comments received were consistent; "professional, top quality, responsive, competitively priced, a joy to work with, the best ..." Also, a consistent theme on their control of lighting glare was stated by each of those contacted. These references stated that their control of glare was "state of the art" and "they set the industry standard". Staff estimated the cost of this project to be $15,000, which is included in the 1998199 F.Y. budget. The bid from Bieber Lighting is for $16,556. Staff is requesting that the City Council allocate an additional $1,556 from General Fund reserves to fully fund this project. Prepared by Bob Rose, Community Services Director AGREEMENT The following agreement is made and entered into, in duplicate, as of the date executed by the Mayor and attested to by the City Clerk, by and between Bieber Ligtina Corporation hereinafter referred to as the "CONTRACTOR" and the City of Diamond Bar, California, hereinafter referred to as "CITY." WHEREAS, pursuant to Request For Proposals (R.F.P.), proposals were received, on the date specified in the R.F.P.; and WHEREAS, City did accept the proposal of CONTRACTOR Bieber Liahting Corporation and; WHEREAS, City has authorized the Mayor to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for the Replacement Lighting for the Basketball and Tennis Courts at Ronald Reagan Park in the City of Diamond Bar. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: CONTRACTOR shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the _ Replacement Lighting for the Basketball and Tennis Courts at Ronald Reagan Park in the City of Diamond Bar. The work to be performed in accordance with the R.F.P., dated December. 18. 1998. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The R.F.P. is incorporated herein by reference and made a part hereof with like force and effect as if set forth in full herein. The R.F.P., CONTRACTOR'S Proposal dated December 118-1998, together with this written agreement, shall constitute the contract between the parties. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the CONTRACTOR whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this written agreement shall control. 3. TERMS OF CONTRACT The CONTRACTOR agrees to complete assigned work within 10 work days from the date work is requested. City of Diamond Bar 1 Lighting Fixtures for Ronald Reagan Park Agreement and unit prices shall remain in force, unless terminated sooner, until June 30, 1999. Agreement may be extended per Section 14. 4. INSURANCE: The CONTRACTOR shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the CONTRACTOR allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The CONTRACTOR shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Workers' Compensation Insurance: Before beginning work, the CONTRACTOR shall furnish to the City a certificate of insurance as proof that he has taken out full workers' compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every CONTRACTOR shall secure the payment of compensation to his employees. The CONTRACTOR, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." b. For all operations of the CONTRACTOR or any sub -contractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) Public Liability - Bodily Injury (not auto) $500,000 each person; $1,000,000 each accident. 2) Public Liability - Property Damage (not auto) $250,000 each person; $500,000 aggregate. 3) CONTRACTOR'S Protective - Bodily Injury $500,000 each person; $1,000,000 each accident. 4) CONTRACTOR'S Protective - Property Damage $250,000 each City of Diamond Bar 2 Lighting Fixtures for Ronald Reagan Park accident; $500,000 aggregate. 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 6) Automobile - Property Damage $250,000 each accident. c. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is admitted to do business in the State of California. 2) Name as additional insured the City of Diamond Bar, its officers, agents and employees, and any other parties specified in the bid documents to be so included; 3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under the policy, 4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by City of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter." 5) Otherwise be in form satisfactory to the City. d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: 1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c.(2) hereof to be listed as additional insureds in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of CONTRACTOR or any subcontractor in performing the work provided for herein; 2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to City by registered mail. e. The CONTRACTOR shall, within ten (10) days from the date of the notice City of Diamond Bar 3 Lighting Fixtures for Ronald Reagan Park of award of the Contract, deliver to the City Manager or his designee the original policies of insurance required in paragraphs a. and b. hereof, or deliver to the City Manager or his designee a certificate of the insurance company, showing the issuance of such insurance, and the additional insured and other provisions required herein. 5. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the CONTRACTOR is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, Suite 100, 21660 E. Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. The CONTRACTOR shall forfeit, as penalty to City, not more than twenty-five dollars ($25.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general pre- vailing rate of wages hereinbefore stipulated for any work done under this Agreement, by him or by any subcontractor under him. 6. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the performance of the work. The CONTRACTOR is required to make contribution to funds established for the administrative of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other CONTRACTOR'S on the public works site are making such contributions. The CONTRACTOR and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal City of Diamond Bar 4 Lighting Fixtures for Ronald Reagan Park day's work for all workmen employed in the execution of this contract, and the CONTRACTOR and any sub -contractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The CONTRACTOR shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any sub- CONTRACTOR under him, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of the Labor Code. 8. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 9. CONTRACTOR'S LIABILITY: The City of Diamond Bar and its officers, agents and employees ("Idemnitees") shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workmen or employees of the CONTRACTOR, of his subcontractor's or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. The CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever. The CONTRACTOR will indemnify Indemnitees against and will hold and save Indemnitees harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of the CONTRACTOR, his agents, employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive or active negligence on the part of City. In connection therewith: a. The CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith. b. The CONTRACTOR will promptly pay any judgment rendered against the City of Diamond Bar 5 Lighting Fixtures for Ronald Reagan Park CONTRACTOR or Indemnitees covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of the CONTRACTOR hereunder, and the CONTRACTOR agrees to save and hold the Indemnitees harmless therefrom. c. In the event Indemnitees are made a party to any action or proceeding filed or prosecuted against the CONTRACTOR for damages or other claims arising out of or in connection with the work, operation or activities hereunder, the CONTRACTOR agrees to pay to Indemnitees and any all costs and expenses incurred by Indemnitees in such action or proceeding together with reasonable attorneys' fees. So much of the money due to the CONTRACTOR under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damages as aforesaid. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under this Agreement or any additional insured endorsements which may extend to Indemnitees. CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising our of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. 10. NON-DISCRIMINATION: Pursuant to Labor Code Section 1735, no discrimination shall be made in the employment of persons in the work contemplated by this Agreement because of the race, color or religion of such person. A violation of this section exposes the CONTRACTOR to the penalties provided for in Labor Code Section 1735. 11. CONTRACT PRICE AND PAYMENT: City shall pay to the CONTRACTOR for furnishing all material and doing the prescribed work the unit prices set forth in the Price Schedule in accordance with CONTRACTOR'S Proposal dated December 18, 1998 in the amount of Sixteen Thousand Five Hundred and Fifty -Six dollars ($16,556.00). City of Diamond Bar 6 Lighting Fixtures for Ronald Reagan Park 12. ATTORNEY'S FEES: In the event that any action or proceeding is brought by either party to enforce any term of provision of the this agreement, the prevailing party shall recover its reasonable attorney's fees and costs incurred with respect thereto. 13. TERMINATION: This agreement may be terminated by the City, without cause, upon the giving of a written "Notice of Termination" to CONTRACTOR at least thirty (30) days prior to the date of termination specified in the notice. In the event of such termination, CONTRACTOR shall only be paid for services rendered and expenses necessarily incurred prior to the effective date of termination. 14. EXTENSION OPTION: The City Council shall have the option to extend this Agreement up to five (5) additional one (1) year periods, subject to the same terms and conditions contained herein, by giving Contractor written notice of exercise of this option to renew at least thirty (30) days prior to the expiration of the initial term of this Agreement, or of any additional one (1) year extensions. In the event the City Council exercises its option to extend the term of this Agreement for one or more additional one year periods, the Contractor's unit prices shall be subject to adjustment at the commencement of the extended term and annually thereafter ("the adjustment date") as follows: Any increase in compensation will be negotiated between the City and the contractor, with the limits being no increase to a maximum of the cost of living. The increase, if any, will be calculated with reference to cost of living during the previous year. If the increase is approved by the City Council, the increase will be calculated by adding the Contractor's monthly compensation, the amount, if any, obtained by multiplying the contractor's compensation as of the adjustment date by the percentage by which the Conumer Price Index ("CPI") for the Los Angeles -Anaheim -Riverside metropollitan area for the month immediately preceding the Adjustment Date (the "Index Month") reported by the Bureau of Labor Statistics of the United States Department of Labor, has increased over the CPI for the month one year prior to the Index Month. If the Index is discontinued, the Director's office shall, at its discretion, substitute for the Index such other similar index as it may deem appropriate. City of Diamond Bar 7 Lighting Fixtures for Ronald Reagan Park IN WITNESS WHEREOF, the parties hereto have executed this Agreement with all the formalities required by law on the respective dates set forth opposite their signatures. State of California "CONTRACTOR'S" License No Date Date Date TITLE CITY OF DIAMOND BAR, CALIFORNIA By: MAYOR ATTEST: By: CITY CLERK CONTRACTOR'S Business Phone Emergency Phone at which CONTRACTOR can be reached at any time Date APPROVED AS TO FORM: CITY ATTORNEY City of Diamond Bar 8 Lighting Fixtures for Ronald Reagan Park CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. �Zj Honorable Mayor and City Council MEETING DATE: January 5, 1999 REPORT DATE: December 28, 1998 FROM: Terrence L. Belanger, City Manager TITLE: Review of Draft Subdivision Ordinance (continued from December 15, 1998). 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 Draft Subdivision Ordinance has been prepared specifically tailored for the City of Diamond Bar. The Planning Commission has reviewed the Draft Ordinance and recommends its adoption by the City Council. The Draft Ordinance was presented at a City Council public hearing on December 1, 1998. The public hearing was continued to December 15, 1998. On December 15, 1998, the Council continued the Draft Ordinance's public hearing to January 5, 1999 and scheduled a study session for January 5, 1999 at 5:00 p.m. RECOMMENDATION: It is recommended that the City Council close the public hearing and approve the first reading of Ordinance No. 1 (1999). LIST OF ATTACHMENTS: X Staff Report Resolution(s) X Ordinance(s) Agreement(s) Public Hearing Notification _ Bid Specification _ Other: (staff report dated 12110/98) 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 _ 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 REV WED BY: Te4ence L. Belanger 1611es ]DeSts6no City Manager Deputy City Manger A. ORDINANCE NO. 01 (1999) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING DETAILED SUBDIVISION REGULATIONS. 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 Code. 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 Code. 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 Draft Subdivision Ordinance shall hereby 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 Draft Subdivision Ordinance attached hereto as Exhibit "A" implements the goals of the City. The City Council has duly considered these issues so as to meet the City's needs in terms of the type of development envisioned by the General Plan. 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 eight page legal advertisement. 9. All legal prerequisites to the adoption of this resolution have occurred. B. Resolution. NOW, THEREFORE, it is found, determined and resolved by the City Council of the City of Diamond Bar as follows: 1. This City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The City Council hereby finds that there is no substantial evidence that the Draft 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. 3. 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 Draft 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. 4. The City Council finds and determines that the Draft Subdivision Ordinance is consistent with the City of Diamond Bar's General Plan. PASSED, APPROVED AND ADOPTED THIS 5TH 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 and certify that the foregoing Ordinance was duly introduced, passed ► adopted by the City Council of the City of Diamond Bar, at a regular meeting of the City Council held on the 5th day of January 1999 by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ATTEST: Lynda Burgess, City Clerk, City of Diamond Bar KI CITY OF DIAMOND BAR AGENDA REPORT AGENDA TO: Terrence L. Belanger, City Manager MEETING DATE: December 15, 1998 REPORT DATE: December 10, 1998 FROM: James DeStefano, Deputy City Manager TITLE: Review of Draft Subdivision Ordinance (continued from December 1, 1998) 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 new Subdivision Code has been drafted specifically tailored for the City of Diamond Bar. The Planning Commission has reviewed the Draft and recommends its adoption by the City Council. REC0N04ENDATION: It is recommended that the City Council receive a presentation from staff, re -open the public hearing, receive testimony and continue the hearing to January 5, 1999. LIST OF ATTACHMENTS:. Staff Report -X- Public Hearing Notification _ Resolution(s) _ Bid Specification (on file in City Clerk's office) _ Ordinance(s) _ Other: Certificate of Deposit on file with the City Clerk. Agreement(s) M N 9%, 1M: 1; IN "k, 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? Yes _ No 3. Has environmental impact been assessed? Yes _ No 4. Has the report been reviewed by a Commission? Yes _ No Which Commission? Planning Commission 5. Are other departments affected by the report? Yes _ No Report discussed with the following affected departments: Engineering/Public Works Division REVIEWED BY: Terrence L. Belaler Wes DeStef City Manager Deputy City Manager CITY COUNCIL REPORT AGENDA NO. MEETING DATE: December 15, 1998 Honorable Mayor and Members of the .City TO: Council FROM: - Terrence L. Belanger, City Manager SUBJECT: REVIEW OF DRAFT SUBDIVISION ORDINANCE DATE: December 101 1998 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 County through the proceivision Code to ss guide Pf citizens, developers and decision has been makeland subdivision. A new Subdivisionof Diamond Bar. The Planning d for the City ds its ae Commission has reviewed h Council and received ann nintroduct onn tothe specifically the the City Council. The City 1998. Draft Subdivision Code on December 1, BACKGROUND: of land for the purpose of sale, A subdivision is any division nee and is governed by the California Subdivision lease or finany property a tentative map on the Act. Prior to the division of a rr�nosed subdivision must be approved by the local jurisdiction. s„a i mnrovements of the The processing of a tentative ma environmental, incorporates environental, before the Planning Commission. prior to a noticed public hearing engineering and planning review the City to regulate and control thee Act grants authority to a subdivision. "design and improvement" of Design is defined as the alignment of streets, street street widths, drainage, easements location of grades, and right!--Of-ways, utilities, location of vehicular access y lot sizes and configurations, Improvement is defined grading worand k and utilities to b g nstions, ark or other dedications. by the subdivider on land to be used for a installed and highways for the use of the lot owners traffic and drainage needs. private streets Specific requirements contained within the Ma imposed by the City include P Act which may be dedications, fees for drainage and sewer facilities, reimbursement park land, school and street agreements, grading and erosion control re trent improvements. quirements, and offsite. The Planning Commission and Cit findings in its consideration of he Council must make specific Pursuant to Section 66474 of the Subdivision Map Act the.decis' on making body shall den a Proposed tentative map, Of the following fin ings royal of a tentative map if it makes any 1. The proposed map is not consistent with applicable general and specific plans. 2. The design or improvement of the not consistent with a not subdivision is applicable general and specific 3- The site is not physically development. suitable for the type of 4. The site is not physically suitable for the proposed density of development. 5. The design of the subdivision or improvements are likel the proposed y tO environmental damage or cause substantial injure fish or wildlife or substantially and avoidably their habitat. 6. The design of the subdivision or type of improvements is likely to cause serious Public health problems. 7. The design of the subdivision or the t ype will conflict with easements, acquired by o thep public large, for access through or use of Public at proposed subdivision. Property within the 2 The Commission recommends a course of action to the City Council. Upon approval of a tentative map the subdivider proceeds to fulfill the conditions of approval within the timelimits specified. The City Council consideration of a final map is required if the final map has complied with all conditions and is_ in substantial conformity with the approved tentative map. The subdivision ordinance is intended to supplement, implement and work in conjunction with the Subdivision Map Act. The Articles contained within this ordinance establish our City regulations for tentative and final map processing, subdivision design and improvement requirements, lot mergers, and other aspects of land division in compliance with the Subdivision Map Act. PLANNING COMMISSION REVIEW: The Planning Commission conducted a public hearing review of the Draft document. The Commission recommends that the City Council adopt the Subdivision Ordinance as submitted. In the process of reviewing the Subdivision ordinance, the Planning Commission and the staff made changes to the draft document. These changes are noted in the following manner: Planning Commission changes are shown by a bold extended typeface; staff changes are shown by a bold condensed typeface; Planning Commission deletions are shown by a strike -out with an asterisk where not accompanied by revised text; and staff deletions are shown by struck -out text. RECOMMENDATION: It is recommended that the City Council receive a presentation from staff, reopen the public hearing, receive testimony and continue the hearing to January 5, 1999. Attachments (Transmitted November 25, 1998) - Draft Subdivision Ordinance - Planning Commission Resolution No. 98-4 - Planning Commission Minutes of January 27, 1998 and February 10, 1998 jds Hearing Draft Subdivision Ordinance Hearing Draft January s, 1999 Staff's changes appear in condensed, .bold typeface Planning Comes a g Commission ohan ea bold extended PPear In City Coun it than es annear��f ace , - - �. •...c .0 icu IeXT 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 ....... . 21.01.020-Purpose......................................................I-3 21.01.030- Authority .................................................... I-3 21.01.040- ................................................. I-3 21.01.050 - Compliance with other Re ' ' ' ' ' ' . • • • • • • • I-3 Regulations Required I-4 21.01.060 - Conflicting Provisions I-4 Chapter 21.02 - Administration of Subdivision Ordinance .................. . 21.02.010 - Purpose of Chapter .......... I-5 21.02.020 - Responsibility for Administration ' ' ' ' ' ' ' . ' • • ' • • • • I-5 21.02.030 - Advisory Agency ............................... I-5 I-5 21.02.040 - Authority for Subdivision Decisions 21.02.050 - Enforcement . .....................' • • • • • • •I-6 .............................I-6 Chapter 21.03 - Subdivision Map Approval Requirements .................. 21.03.010 -Purpose of Chapter .......... I-9 21.03.020 - Type of Subdivision Approval Re ' ' ' . • • • • • • I-9 Required I-9 21.03.030 - Exemptions from Subdivision Approval Requirements 21.03.040 - Applications Deemed Approved ' ' ' ' ' • • • • • • • I-11 21.03.050 - Exceptions to Subdivision Standards . I-12 21.03.060 -Application Fees ........... " " " " " ..• • • • • I-12 ................................. I-14 ARTICLE II - Subdivision Review Procedures Chapter 21.20 - Tentative Map Filing and Processing ........................... II -3 21.20.010 - Purpose of Chapter. • . Preparation, A . ' ' ' ' ' ' ' ' ' • • ' • • . II -3 21.20.020 - Tentative Map P Application Contents 21.20.030 - Tentative Map Filing, Initial Processing II -3 21.20.040 - Evaluation of Application ... . . . . . . . . . . ' ' ' ' ' . ' ' ' • ' • • • II -3 21.20.050 - Commission Review and Decision II -5 21.20.060 - Council Review and ......................• • • • • • .. II -5 Decision ............... II -6 21.20.070 - Tentative Map Public Hearings ....... , . . . . . . . . . . . . . . ' 21.20.080 - Tentative Ma A .........." ...... • • • • • II -6 p Approval or Disapproval II -7 21.20.090 - Conditions of Approval . ................... ' .." 21.20.100 - Effective Date of Tentative Ma A . ' ' ' ' ' ' ' ' ' ' . ' • • II -10 21.20.110 P Approval ...................... II -11 - Changes to Approved Tentative Map or Conditions ............. 21.20.120 - Completion of Subdivision Process II -11 II -12 Diamond Bar Subdivision Ordinance Hearing Draft - January 5, 1999 Table of Contents Pagel Contents 21.20.130 - Vesting Tentative Maps ...................................... II -13 21.20.140 ... ' ' ' ' ' ' ' • . • II -15 21.20.1540 - Expiration of Approved Tentative Map . . 21.20.1650 - Extensions of Time for Tentative Ma .. ' ' ' ' ' ' ' • • • • II -15 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 .......................... H-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 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 ................ . • ..... • • ..... -35 21.28.010 - Purpose of Chapter .......................................... II 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 s ARTICLE III - Subdivision Design and Development Chapter 21.30 - Subdivision Design and Improvement Requirements ........... 1II-3 21.30.010 - Purpose of Chapter ................ . ... 111-321.30.020 - Applicability of Design and Improvement Standards ............ III -3 21.30.030 - Access, Circulation, Streets111-4 21.30.040 - Energy Conservation ......................... .............. III -8 21.30.050 - Fire Hydrants ........................ III -8 21.30.060 - Grading, Erosion, and Sediment ControlIII-8 21.30.070 - Landscaping ................................................ III -9 21.30.080 -Major Structures ....................... 111-921.30.090 - Monuments ...................................... 1II-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 ......................................... -17 21.32.020 - Applicability ....................................... III III -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 ................................... III -22 Chapter 21.34 - Improvement Plans and Agreements ............. . 21.34.010 - Purpose of Chapter ......................................... • • • • • • III -25 21.34.020 - Improvement......................... III -25 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 ARTICLE IV - Subdivision Ordinance Definitions Chapter 21.40 - Definitions ................................................ 21.40.010 - Purpose of Chapter .......................................... IV -3 21.40.020 - Definitions of Specialized Terms and Phrases .................. IV -3 Diamond Bar Subdivision Ordinance Hearing Draft - January 5. 1999 Table of Contents 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....................................1-3 21.01.030- Authority..................................................1-3 21.01.040 - Applicability ...................... I-3 21.01.050 - Compliance with other Regulations Required ......... 1-4 21.01.060 - Conflicting Provisions ......................................... I-4 Chapter 21.02 - Administration of Subdivision Ordinance ........................ I-5 21.02.010 - Purpose of Chapter ...................... . . . T- r, ...............�„ 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 21.01.060 Notice of fudicied El-mHertr 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. . .......... ........ ... Diamond Bar Subdivision Ordinance Article I - Purpose and Applicability Hearing Draft -January 5, 1999 1-3 Enactment and Applicability 21.01 C 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 Municipal 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: 1. Recommend to the Qjy Council, hereafter referred to as the "Council' the approval, conditional approval, or disapproval of all Tentative Maps, except these 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); app. ova', condetional app, oval, or disappi ova' of . equests for irtodificertimt 0 the desir ,n arkei imp evement standends of this Titk in compliance with Section 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) so requests such review; 5 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 Notes. 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 r notify the Director. Upon receipt of the information, the Diamond Bar Subdivision Ordinance Article I - Purpose and Applicability Hearing Draft - January 5,1999 I-6 Rale of Review Autliari Type of Subdivision ApplicationHering o=:ileciaion Y)irckacOfficer Ctrmatun Council Certificates of Compliance Recommend Decision Appeal Appeal Conditional Certificates of Compliance Recommend Decision Appeal Appeal Lot Line Adjustments Decision Reeeannend Decision Appeal Appeal Parcel Map Waivers Recommend Recommend Decision Tentative Mas Recommend Recommend Decision Tentative Map Time Extensions Recommend Council Parcel and Final Mas Recommend IDecision (1) Notes. 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 r notify the 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 21.02 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 I-7 Administration of Subdivision Ordinance Diamond Bar Subdivision Ordinance Hearing Draft - January 5,1999 21.02 Article I - Purpose and Applicability 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 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 Diamond Bar Subdivision Ordinance Article I - Purpose and Applicability Hearing Draft - January 5,1999 1-9 Subdivision Map Approval Requirements 21.03 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 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). control.of 0-69 Title and the Map Act, H-te 141ap Act shall [Note: deleted 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: 1. A community apartment project or a stock cooperative to condominiums, if the conversion satisfies the requirements of Map Act Sections 66412(8) 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 1-11 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. 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 shotdd 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 1-12 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 was filed at the same time. The approval of an exception shall notbe cartstrnecl 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. Th Council 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 1-13 Wk .. .. ... Diamond Bar Subdivision Ordinance Article I - Purpose and Applicability Hearing Draft - January 5,1999 1-13 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 22 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 1-14 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 ................ Il -3 21.20.030 - Tentative Map Filing, Initial Processing ................... • • • • • • 11-3 21.20.040 - Evaluation of Application.....................................11-5 II -20 21.20.050 - Commission Review and Decision ..............................II • • • • • • • • • • • • • •II -5 21.20.060 - Council Review and Decision..................................II-6 II -20 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 ............................ 11-12 21.20.130 - Vesting Tentative Maps ................................... • • • 11-13 21 . . . . . ................................. 21.22.1430 - Amendments to Recorded Maps ........... • • • • • • • • • • • • • • • • • • II -15 .................................. 21.20.1540 - Expiration of Approved Tentative Map ........................ 11-15 21.20.1650 - Extensions of Time for Tentative Ma .......................... II -16 Chapter 21.22 - Parcel Maps and Final Maps .................................. 11-17 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 ......................................... IIT -24 nn 1 nn Effect f Recorded i ap 11-24 21 . . . . . ................................. 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 2l�6.O2D- ..'.......'..... '-rr------` '''..��' �-31 II -31 21.28J3O-'—�------�"^ y* ' ' ' ' ' ' ' ' . . ' '' .........'' 2128]]4O- Approval or Denial of Adjustment ..'....'.......�..........''' 1[-32 2126J050- Completim of Adjustment ................................... _-- Chapter 21.20 - Certificates mf Compliance ......................'............. ^^~, 21.28.010- md '.........��...�...�''...........'.. --- ~~' �-35 ...._......... Z1���O20- ............................................... Application Contents .................'...'.................. __- %1.28.040 - Review and .....................'.......'....'. _-- Diamond Bar Subdivision Ordinance Article II - Subdivision Review Procedures Hearing Draft - January 5, 1999 11-2 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 '11 20 1 A!1 -Tentative 1t�!iuT' T _ TTS • c r 21.20.15" - 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 list, - 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 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 ProceduresII-4 Hearing Draft - January 5,1999 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 withfhapter 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 ProceduresII-5 Hearing Draft - January 5, 1999 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 59 30 days after 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, of art Appea4 of Et 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�r appeal shall be scheduled, and a-dteision action shall beached 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 +9 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 re view ettithority vmy approveThe 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 -P. 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 Tentative Map Filing and Processing 21.20 21.20.090 - Conditions of Approval 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: 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 ffie subdivistor'"� prerequisite to the approvetief xcept where a Statement of Overriding Consideration has been adopted in compliance with CEQA; 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 in compliance with this Develerment Go le 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 The waiver of direct access rights to any existing or proposed streets; •- .. -3-.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; +3. Time limits or phasing schedules for the completion of conditions of approval, when deemed appropriate; or Fr 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 pmsezireg recordation 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 w 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 II -12 Tentative Map Filing and Processing 21.20.130 - Vesting Tentative Maps 21.20 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 Development Gade 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. ON= Ppwrmwt 110011 • -,J 0 1 11w • ■ • 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. 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 II43 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 immediatenrea community, or both, in a condition dangerous to their health or safety, or both; or b. The condition or disapproval- 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. 4�ytmhssionithe subdivider may appett! to the C=-micii as set forth in ehapter 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. Y \ • 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 YesHM Tentative Map is valid for -69 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 approvet! 3hrill be deemeel to have expired if a Parcel or Firtal Map has not been recorded with� the tinte fitnits eatetblished by this Section or Withilk an extension o litne approved in complimtee 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 subdivisiert 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 incompliance 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 granextensions 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 that 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 Gen tnissiett Council may gran me Y-eftr extensions for a maximum total of three years to the initial time limit in compliance with Subsection A. of this Section. 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 -his -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 ftr4w creettion of ortly two px�reels 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 1. 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: 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. 1. 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 59 -day ti 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 asfeHews. 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. • • Y 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 .. • • Y 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. The59-elnp 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. but in no event 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 II -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. 21.22.1430 - Amendments to Recorded Maps A recorded Parcel or Fin.4l 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, "errors11 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 Y • 21.22.1430 - Amendments to Recorded Maps A recorded Parcel or Fin.4l 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, "errors11 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 1351) 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 ' development or stock e- w 1! 9 Provided by Galifor-tin eivil eode Section 1353) �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. Stamper Number 10 envelopes addressed to each tenant of the property being converted, with first class postage affixed to each env_elove. 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. 5. 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: I. 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 Ghftpter 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 II -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 with - ^^c - he 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 Th Director shall determine whether the parcels resulting from the adjustment will conform with the applicable provisions of this Title. After ft hearing (Chapter 22.xx ei the Development Code)- The Director may approve, conditionally approve, or deny the Lot Line Adjustment in compliance with this Section. Decisions made by the 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 1learirtg 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 -tris 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 Regtda#io. is 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 24merrths 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 becomidered legally effective or finally completed until a grant deed or quit cletint ed 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 quitclaim-deeel. 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 notb - 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 I1-32 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; 34. 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 -2412 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, wi-dch wits "ien4y cf-Cated prior to current. 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. 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. i1eariit75 Officer Director action. Th 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 Hearing Officer -Director 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 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 ................................... III -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 ................................................ 1II-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 .................... I ......................... 11I-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 ................................... 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 ............................... I11-31 21.36.030 - Monuments ............................................... I11-31 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 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 by-Hrariag Office. Director. Upon making a determination that the real property does not comply with the provisions of this Title or the Map Act, the 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 i learing Offi 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 the 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 ffearittg EOLFiFLA161ur Directorth Agency shall file a Conditional Certificate of Compliance with the County Recorder. , e 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 not become 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 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 , the heaRh and safe ty of Gity residents at td 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 21.30 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. .. ,. . , . . .1 Lill C. -R. 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. R 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 at 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 and cortsistent with the G_____, n,-_, the Diamond Bar Development Diamond Bar Subdivision Ordinance Article III - Subdivision Design and Development Hearing Draft - January 5, 1999 III -4 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 plain 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 G: 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: 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. 1. 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-Dr.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 Public hMreveniertt and Engineering Standards Development Improvement Standards, Requirements and Guidelines. 1. 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; c. Located entside of Sensitive Ermirenmented etreas identified by the GerterrA Plan, where F-! I and d- AS reTfired bY the Gity Engineer - 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 Bar 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 s in compliance with the General Plan, if the authority it is determined that the proposed subdivision will create the need for the improvements. or the st+ciivider other-wrise etbrees to the 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 im ptil.pate reads. The rm5dmwn iength of et private dead end read, including all dend end roads etecessed ftmt that dettd end read, shftH not exceed 800 feet regard4ess of the ntunber of petreels served. 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 notbe 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 cenditianxtl 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., r 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. 1. The number and location of fire hydrants shall be determined by the review authority based upon recommendations from the Fire Chief. 2. 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 she!! be provided 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 1rovide a nonresidential subdivisions -s eel 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 I11-9 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 II, 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.5, following.) 2. Specific Minimum lot area requirements for small lot projectscommon 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 common interest developments, but shall apply to the creation of the original parcel or parcels that are the location of the sn 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 11. 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 with different 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 ar appromirtat6y radial 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 -l-6-20 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 22.30.080 (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. .. ... . N.'O. • . • r. 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 for overhead atility lineg shall 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, whichever is 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 liner 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-shaR-be provided with storm drainage facilities as required by this Section, and Section 21.30.160 (Storm Drainage and Runoff). 1. 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. 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 aligrunent approved for the drainage system. Diamond Bar Subdivision Ordinance Article III - Subdivision Design and Development Hearing Draft - January 5, 1999 III -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 file 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 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 11I-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, maybe 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 diseatmted 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 maybe credits 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 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 gzank 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 shallbe deposited with the City at the time of submittal of a Parcel or Final Map. The deedsand/or fees shall be held by the City until the map is recorded, withdr et vvrt by the subdivi 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. subdivider who additional land subdivision. If the approved is required to for bicycle pa subdivision contains 200 or more parcels, any dedicate roadways to the public, shall dedicate path for the use and safety of the residents of the 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 anel feasible to provide for these ways. Diamond Bar Subdivision Ordinance Article III - Subdivision Design and Development Hearing Draft - January 5,1999 I11-23 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: 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: 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 21.34 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 costs and expermes nmy be recorded as it lien agetirtst etil 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 21.34.0203 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, . a. A -cash 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 or letter oi credit freirt mtetwmtore 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. Eh 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. E.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. B. C. co Boundary monuments. 21.36 1. 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. Interior monuments. Whenever interior monuments are required, the monuments shall be set at: All block and lot corners 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. -1 —t after the Final 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. 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 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 corner 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 context 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 IV -4 Definitions E Exaction. A requirement for the dedication of land or the payment of a fee, imposed as a_condition of development project approval, in response to the anticipated impacts of a 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. 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. 4.3. 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 43. 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 naturalrock. 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 II (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. 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 Figure 4-1 CONVENTIONAL GRADING Figure 4-2 CONTOUR GRADING Figure 4-3 LANDFORM GRADING K 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 4-4 (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. S. 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 Figure 4-4 LOT TYPES Figure 45 LOT FEATURES 7 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)): I. 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 N N. Definitions, "N." The following definitions are in alphabetical order. Natural grade. See "Grade." Natural slope. See "Slope." Nonconforming parcel. A parcel that was legally created prior to the adoption of this Title and which does not conform to current Code provisions/ standards (e.g.,access, area or width requirements, etc.) prescribed for the zoning district in which the parcel is located. O. Definitions, "O." The following definitions are in alphabetical order. Occupancy. All or a portion of a structure occupied by one tenant. Open Space, Common. Outdoor areas within a development project that may be used by all residents/ tenants of the site. Open Space, Private. An outdoor area within a development project that is reserved for use by the residents/ tenants of a specific unit or portion of the site. P. Definitions, "P." The following definitions are in alphabetical order. Pad. A level area created by grading to accommodate development. Parcel. See "Lot, or Parcel." Permitted Use. A use of land identified by Article H (Zoning Districts and Allowable Land Uses) of the Development Code as being allowed in a particular zoning district, subject to the approval of a Zoning Clearance, in compliance with Chapter 22.46 (Zoning Clearances). Person. Any individual, firm, co -partnership, corporation, company, association, joint stock association; city, county, state, or district; and includes any trustee, receiver, assignee, or other similar representative thereof. Planned Development. As defined by Civil Code Section 1351(k), a development (other than a community apartment project, condominium, or stock cooperative) having either or both of the following features: 1. The common area is owned either by an association or in common by the owners of the separate interests who possess appurtenant rights to the beneficial use and enjoyment of the common area; and/or 2. A power exists in the association to enforce an obligation of an owner of a separate interest with respect to the beneficial use and enjoyment of the common area by Diamond Bar Subdivision Ordinance Article IV - Subdivision Ordinance Definitions Hearing Draft - January 5,1999 IV -12 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 0 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 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 portiere 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 (f) of Section 9561351 of the Civil Code, a community apartment project, as defined in subdivision(d) of Section44%41351 of the Business and Professions Civil Code, or the conversion of five or more existing dwelling units to a stock cooperative, as defined in subdivision (m) of Section 110033.2 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 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 DAR AGENDA REPORT AGENDA NO. 4 -&L -U-7 TO: Honorable Mayor and Members of the City Council MEETING DATE: January 5, 1999 REPORT DATE: December 29, 1998 FROM: Terrence L. Belanger, City Manager TITLE: Ordinance No. (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 #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 for parking of unattached trailers and semitrailers. RECOMMENDATION: It is recommended that the City Council waive full reading and approve the first reading of Ordinance No. _(I 999) "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: Parking Permit Application Agreement(s) and Guidelines 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? -Yes —No X Yes _ No N/A _ Yes —No N/A _ Yes _ No _ Yes X No REVIE D Y: Ten nce L. Beler James DeStefano avid G. Liu City Manager I Deputy City Manager Deputy Director of Public Works MEETING DATE: TO: FROM: CITY COUNCIL REPORT AGENDA NO. January 5, 1999 Honorable Mayor and Members of the City Council Terrence L. Belanger, City Manager SUBJECT: Ordinance No. (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 waive full reading and approve the first reading of Ordinance No. (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 5, 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 proposed amendment (modification of subsections (a) and (b), and the addition of subsection (c)) 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"). In order to allow for residents and guests to park unattached trailers and semitrailers on residential streets, staff must amend subsections (a) and (b) in Section 10.16.190. As it is currently written, subsection (a) 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. As subsection (b) 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. The amendment adds a subsection (c), which authorizes residents and guests of residents to park rag-. 3 Parking Permit Ordinance January 5, 1999 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"; 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. It is recommended that the City Council waive full reading and approve the first reading of the Ordinance. It is intended that the Second Reading of the Ordinance be scheduled for January 19, 1999 with the Parking Permit Fee Schedule Resolution. Therefore, staff will be authorized to implement the Parking Permit Program by March 1, 1999. Prepared by: Anne M. Haraksin ORDINANCE NO. (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 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 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 VEHICLES AND TRAFFIC § 10.16.210 within the provisions o 'cle is equipped with a flashing red light visible to appro is om eac stiff (Ord. No. 14(1 , § 2(15.64.090), 6-27-89) �--. * sec. 10.16.190. 'hailers 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. 0.18.200. Passenger loading. (a) operator shall not park or stop for any purpose other than a stop of t to exceed three minute load or unload passengers at any time in any of the follo ' g places when there shall be i lace appropriate markings or signs so placed by a ority of the city engineer in accord with this title: (1) For a distance offeet along any curb at the main en ,triince to any hotel; (2) At any curb in front of portion of the main en ce and outside vestibule of any theater during any time su theater is open f public performance; and (3) In any passenger loading zone (b) The city engineer may place curb p; (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. e kings at the places specified by subsections such rINkrkings at those other locations at which are such s to make passenger loading zones A driver s=ngers not park or stop in any alley for any purpose other th the loading or unloading of or materials, or both. Such driver shall not stop for t loading or unloading 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 r:,-xH t 131 T ` 24 -Hour Parking Permit (Sticker) b 111A)IOND BAR PARKING.PERMIT 0000 Valid on: Issue Date: Issuer: ,e,w,id/T `'c '' 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 Temporary 24 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 Date For City Use Only: Permit Begins On: Date Paid: Expires On: Amount $ Permit Issued By: Permit No.: PARKING PERMIT STANDARDS 1. 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 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 in compliance with all City codes prior to application submittal. 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 PARIUNG 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. 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 veh'icle'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 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. 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. 2 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. rel 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. 3. 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. The property must be in compliance with all City Code requirements for on site parking before applying for a parking permit. S. 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 PAR_K1NG 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. 5. 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. 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. 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. PERMIT REVD ATION 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. 6 (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. (fl 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. T 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 69! DIAMOND DAn AGENDA REPORT AGENDA NO. 2 TO: Honorable Mayor and Council Members MEETING DATE: January 5, 1999 REPORT DATE: December 30, 1998 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? NIA _ 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 Report discussed with the following affected departments: REVIEWED BY: Z' Terrence L. Bel ger Kellee A. Fritz City Manager Assistant to the City Manager CITY COUNCIL REPORT MEETING DATE: January 5, 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: $1.00%apita (City population) Pro -rate service costs (1997-98 6% Calls/Shelter $56, 700 Estimated revenue ) $81 643 Contract 74 00 $64,343 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 - Dead animals - ) 20 minutes Confined Animals (strays) - Within Same Day hours ay 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. 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 M 1 . IF YOU WILL NOT BE HOME AT THIS TIME, PLEASE LEAVE YOUR PAYMENT (CHECK OR MONEY ORDER) AND CURRENT RABIES CERTIFICATE IN THE ENVELOPE THAT IS PROVIDED. IF YOUR RABIES CERTIFICATE IS NOT READILY AVAILABLE, LEAVE YOUR PAYMENT IN THE ENVELOPE PROVIDED, AND SUPPLY OUR OFFICE WITH PROOF OF RABIES WITHIN 30 DAYS. IF YOUR DOG HAS A CURRENT TAG PLEASE INDICATE IT BELOW. CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Honorable Mayor and Council Members MEETING DATE: January 5, 1999 REPORT DATE: December 30, 1998 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 5. Are other departments affected by the report? _ Yes X No Report discussed with the following affected departments: REVIEWED BY: (ilk 11�u _ - Terrence L. Bel ger Kellee A. Fritz City Manager Assistant to the City Manager CITY COUNCIL REPORT MEETING DATE: January 5, 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: $1.00%apita (City population) $56,700 Pro -rate service costs (1997-98 6% Calls/Shelter) $81,643 Estimated revenue 74 MJ0 Contract $64,343 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. 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. AGREEMENT THIS AGREEMENT is made and entered into in duplicate at Diamond Bar, California, this day of January, 1999, by and between the CITY OF DIAMOND BAR, municipal corporation (hereinafter referred to as the "City"), and THE HUMANE SOCIETY OF POMONA VALLEY, INC., a corporation doing business as Inland Valley Humane Society (hereinafter referred to as "Humane Society"). WITNESSETH: WHEREAS, the purpose of entering into this agreement is to relieve the City of the burden and expense of providing public pound and animal control services and to contract for said services with the Humane Society under the terms and conditions as provided herein; NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions contained herein, it is mutually agreed by and between the parties, as follows: 1. ANIMAL SERVICES: The Humane Society does hereby agree that it will provide the City with public pound services, which services include all humane animal work of picking up and disposing of stray, unwanted, injured or dead animals; enforcement of "leash laws", if any; provide and furnish animal ambulance service; maintain and operate an adequate, suitable and sanitary animal shelter (public pound) in compliance with the minimum standards prescribed by the State of California and the governing Health Department; to treat the animals and operate the shelter at all times in a wholesome and humane manner; and collect all dog and kennel licenses and impounding fees in cooperation with the City. The Humane Society agrees to render all other public pound services as provided in and by all pertinent City ordinances when not inconsistent with the terms of this agreement. 2. FEES FOR SERVICES: The Humane Society agrees to promptly, efficiently, properly and completely perform and discharge, at its own cost and expense, all such public pound and animal services provided herein. In consideration therefor, the Humane Society shall be entitled to the consideration specified in Paragraph 8 of this agreement. 3. AVAILABILITY OF SERVICE: The Humane Society agrees to maintain public pound services at all times when circumstances require and to keep its shelter headquarters open during regular hours to the general public, except Sundays and holidays; that such services shall be available at the request of the City or any resident thereof. 4. NON-DISCRIMINATION POLICY: The Humane Society is an equal opportunity employer and, subject to, and in compliance with, applicable state and federal laws, the Humane Society does not discriminate on the basis of race, color, marital status, religion, sex, national origin, ancestry or physical handicap. 5. COOPERATION WITH HEALTH DEPARTMENTS: The Humane Society agrees to cooperate with the Health Departments of the State of California and the governing county in all matters pertaining to rabies and animal quarantine, and will conduct an animal inoculation program when required. 6. HOLD HARMLESS: The Humane Society herewith agrees to hold -2- the City harmless from any claims, damage or liability arising out of the Humane Society's operations as a result of this agreement, and to keep in force at all times a comprehensive broad form general public liability insurance policy against all claims and liabilities for personal injury, bodily injury, death or property damage liability in the sum of at least 1,000,000 (one million dollars) naming the City, its Council and employees as co -insureds with the Humane Society. Humane Society further agrees to keep in effect at all times a policy of workers' compensation insurance covering all employees of the Society. 7. FURNISHING INFORMATION, BOOKS AND RECORDS: The Humane Society, upon request of the City, agrees to furnish the City at any time with a complete list of its officers, directors and employees. The Humane Society shall maintain books and records of its services rendered to the City, and moneys expended and received in its transactions with the City, and shall make said books available for inspection at its offices at reasonable times at City's request and at City's cost. 8. REVENUE; SUPPLEMENTAL SUMS: (a) The City understands and agrees that as partial consideration for the services performed by the Humane Society hereunder, the Humane Society shall be entitled to receive and retain the dog and kennel license fees, impound fees, and adoption fees collected by or on behalf of the City as a result of the animal control program. Any fees collected by the City are collected for and on behalf of the Humane Society, and shall be remitted to the Society upon demand. (b) The City agrees to supplement the income received by the Humane -3- Society under Subparagraph (a), above, in monthly payments of $5,361.92 (Five Thousand Three Hundred Sixty-one and 92/100 Dollars), commencing on January 1, 1999, and (subject to adjustment for the cost of living, as provided following), on the first day of each following month thereafter. Commencing July 1, 1999, and on each July 1 thereafter during the term of this agreement (or any extension hereof), the monthly supplemental payment shall be adjusted to reflect the increase if any (but in no event more than 5% in any year), in the cost of living during the prior calendar year (January through December), as measured by the Consumer Price Index of the Bureau of Labor Statistics of the U.S. Department of Labor, for All Urban Consumers (All Items), for the Los Angeles -Riverside -Orange County, California, area (or such other corresponding area as may be published, from time -to -time, by the Bureau of Labor Statistics for the greater Los Angeles geographic region), herein referred to as the "CPI" (c) City designates as the sole representative of the City its City Manager or the person designated by the City Manager to work with the Humane Society in all matters involving the implementation of this agreement including, but not limited to, the determination of the annual supplemental amount to be paid to the Society under this Agreement. 9. COOPERATION WITH SOCIETY: The City agrees that its departments will cooperate with the Humane Society in the performance of its duties. 10. TERM; RENEWAL: This agreement shall commence on January 1, 1999, and shall be effective for an initial term of eighteen (18) months, through and including June 30, 2000. Unless either party gives notice of its -4- intent to terminate this agreement at least ninety (90) days prior to the scheduled expiration date of the agreement, this agreement shall automatically renew for successive periods of twelve (12) months each until terminated by one of the parties as provided in this Paragraph 10. IN WITNESS WHEREOF, the parties hereto have affixed their signatures as of the date and year first above written. ATTEST: City Clerk APPROVED AS TO FORM: City Attorney HUMANE SOCIETY OF POMONA VALLEY, INC., a California non-profit corporation doing business as Inland Valley Humane Society By: President By: Secretary CITY OF DIAMOND BAR, a municipal corporation By Mayor 511 WE WILL BE RETU tNING ON THE . IF YOU WILL NOT BE HOME AT THIS TIME, PLEASE LEAVE YOUR PAYMENT (CHECK OR MONEY ORDER) AND CURRENT RABIES CERTIFICATE IN THE ENVELOPE THAT IS PROVIDED. IF YOUR RABIES CERTIFICATE IS NOT READILY AVAILABLE, LEAVE YOUR PAYMENT IN THE ENVELOPE PROVIDED, AND SUPPLY OUR OFFICE WITH PROOF OF RABIES WITHIN 30 DAYS. IF YOUR DOG HAS A CURRENT TAG PLEASE INDICATE Is -Kowa INLAND VALLEY HUMANE SOCIETY AND S.P.C.A. 500 HUMANE WAY pOMONA, CALIFORNIA 91766. NOTICE TO PURCHASE DOG LICENSE All dogs four months of age and older must be vaccinated against rabies and licensed in accordance to State and local laws. A licensing representative from INLAND VALLEY HUMANE SOCIETY was at your residence/business regarding your dog(s) license(s). Our records indicate that a F license is now due and payable. PLEASE FOLLOW THESE INSTRUCTIONS: rt - 1) Have your dog vaccinated against rabies (dog must be four months of age or older). The rabies vaccination must be valid for the next 12 months. 2) To purchase your license, leave your current rabies certificate, certificate of sterility (if applicable) and license fee. DOG LICENSE FEES ALL FEES REFLECT DURATION OF 1 YEAR CRY UNALTERED ALTERED SENIOR crnZEN NNALTEREP SENIOR ALTERED PENALTY CHINO 125.00 $10100 $10.00 am $wm CHNO HILLS $2soo staoo $?5.00 55.00 CLAREMONT $2500 $10.00 res 0.o $5.00 $10.00 DIAMOND BAR sxaoo SEE— :10.00 2aoo mo $,000 LAVERNE 525.00 $10.00 525.00 $5.00 61000 MONTCWR :25.00 $10.00 $2.5.00 $375 $2500 ONTARIO $2500 $10.00 $2&00 i6A0 705.00 POMONA $25oo s,aoo 525.00 $5.00 $10.00 SAN DIMAS $25o0 $10100 V&00 $500 $1000 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 F0111011a Valley Humane Society and S . p . C . A. , you will be rledicateil to helping animals and people, You will offer assistance with empathy, compassion and diplomacy. The animals and the people youcollie i.n contact with be treated with respect. Your jab is not to jui lae, but 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 come away from each experience knowing that you di.d your best to improve the situation, You will create a positive image fOl' yQurself. and 0111 allellcy throughout the community, SUGGESTED CODE Of ETHICS FOR ANIMAL CONTROL Developed by the California Animal Control Directors' Association at the 1995 CACDA Annual Meeting and Training Conference April 19-21, San Rafael, California Creation and Purpose 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 stab's 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. RESPONSEBELITY ♦ Apply city, county and state laws impartially within organizational guidelines. ♦ Provide humane treatment and care 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 minimise waste. Be accountable! 4. FAIRNESS AND EQUITY ♦ Use good judgment instead ofbe- ing judgmental. ♦ Listen to and consider opposing viewpoints. ♦ Make decisions based on totality of circumstances and without per- sonal bias. ♦ Apply consistent principles in decision-making while allowing for flexibility. CHAIN/Spring'95 17 S. -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 recommended 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, sensitiveand 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 mannec4, ♦ Strive to promo e.-paptive rela- tionships ' with " : ';1- 'es, or- ganizations and.vrj ♦ Uphold all rula�aa rtguletions . the ,w..... ,.. , governing • Support the goals objectives of the } . CITY OF DIAMOND BAR AGENDA REPORT AGENDA N0. TO: Terrence L. Belanger, City Manager MEETING DATE: January 5, 1999 REPORT DATE: December 30,1998 FROM: Bob Rose, Community Services Director TITLE: 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 SUMMARY: The City Council has established a task force to consider the 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 (continued on page 2) RECOMMENDED ACTION: It is recommended that the City Council award a contract to LPA in the amount of $45,990; it is further recommended that the City Council award a contact to The Roth Group in the amount of $41,357; for the needs assessment, space allocation analysis, conceptual design and public input process for the proposed Civic Center complex. LIST OF ATTACHMENTS: X Staff Report _ Public Headng Notification _ Resolution(s) _ Bid Specifications (on file in City Clerk's office) _ Ordinance(s) X Other: Request for Proposals X Agreement(s) Consultant's Proposal EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? X Yes _ No 2. Does the report require a majority vote? X Yes _ No 3. Has environmental impact been assessed? _ Yes X No 4. Has the report been reviewed by a Commission? _ Yes X No What Commission? 5. Are other departments affected by the report? X Yes _ No Report discussed with the following affected departments: Community Development, Public Works REVIEWED BY: N4,F:7 Terrence L. Bel City Manager James DeStefano Deputy City Manager Bob Rose Community Services Director City Council Agenda Report Design of Civic Center Complex Meeting Date: January 5,1999 Page 2 SUMMARY: (continued) report, which will include recommendations, conceptual drawings and a conceptual massing model, to the City Council. 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 communky meetings, needs assessment, space allocation analysis, evaluation of potential sites, determination of faciKes and square footage of bindings proposed to be included in the complex, development of a building massing model, development of construction cost estimates and a final report to the City Council with the recornmendations of the task form. Should this scope of work increase, staff will bring a revised scope of work back to the City Council for approval prior to any additional work being authorized for the consultant team to complete. Staff interviewed six consultant firms that responded to a Request for Proposals (R.F.P.) for this project Staff recorrxnends the selection ofthe consultanttearn of LPA and the Roth Group. LPA has designed three city hall complexes, five community centers and five public libraries in the past four years. The Roth Group has conducted numerous public input processes and consensus building workshops over the past 17 years. Staff bepeves that the combined efforts of LPA and the Roth Group will result in an inclusive public input process that through consensus will create a quality conceptual design for a functional civic center complex that will provide a true identity for the City of Diamond Bar. CITY COUNCIL REPORT MEETING DATE: January 5, 1999 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Award of Contracts to LPA and the Roth Group for the Needs Assessment, Space Allocation Analysis, Conceptual Design and Pubfic Input Process for the Proposed Civic Center Complex Issue Statement Award of contracts for consultant services in excess of $10,000 require City Council approval. Shall the City Council award 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? Recommendation It is recommended that the City Council award a contract to LPA in the amount of $46,990; it is further recommended that the City Council award a contact to The Roth Group in the amount of $41,357; for the needs assessment, space allocation analysis, conceptual design and public input process for the proposed Civic Center complex. Financial Summary There is $100,000 budgeted in the 1998199 F.Y. Budget for this project. The total cost of the two proposed contracts combined is $88,347. Background The Mayor of Diamond Bar established a Community Task Force to study the concept of developing a Civic Center to serve as a focal point for the Diamond Bar community. The first meeting of this task force was conducted on October 28, 1998. At this meeting, it was announced that the services of an architectural firm would be obtained to assist the Task Force with the process of developing recommendations for a Civic Center in Diamond Bar and with delivering those recommendations to the City Council in a formal report. Staff developed a Request for Proposals (R.F.P.) to solicit interest from architectural firms with experience working with a community input process for the development of a Civic Center complex. The R.F.P. was mailed to 51 different consulting frons that have experience with public building projects. There were six firms that responded to the R.F.P. Staff interviewed all six firms that submitted proposals in response to the R.F.P. The six firms, and their proposed fees, are: Respondent Proposed Fee 1. LPAIThe Roth Group $88,347 2. WLC $53,880 3. Lehrer $147,136 4. Phoenix Planning & Construction $74,000 5. Henry Woo & Associates $106,620 6. Ralph Allen & Partners $130,000 Staff unanimously agreed that the number one firm for the scope of work stated in the R.F.P. is LPA. LPA has designed, in just the past four years, three city halls, five community centers and five libraries. These facilities are located as follows: City Halls City of San Marcos City of Moreno Valley City of Garden Grove Community Centers Brea Community Center Temecula Community Recreation Center Downtown Community Center, Anaheim San Marcos Community Center Moreno Valley Community Center Master Plan Libraries Mission Viejo Library Rancho Bernardo Branch Library, San Diego South Chula Visa Library, Chula Vista San Marcos Town Center Library Rancho Santiago/City of Orange Joint Use Library LPA will be utilizing the services of the Roth Group to assist with the public input process. Marlene Roth, principal of the Roth Group will be present at the task force meetings to facilitate the input process. The Roth Group has 17 years of experience providing the type of services requested in the City's R.F.P. Marlene Roth has conducted numerous public workshops and consensus building processes with the City of Glendale, City of Long Beach and City of Pasadena. She has also facilitated processes focusing on planning and land use issues utilizing a Citizen Participation process. LPA and the Roth Group will work together to complete the public input process, which will result in written recommendations for location, facilities to be included and cost estimates for a conceptual Civic Center complex. Discussion After the interview process was completed, staff entered into negotiations with LPA and the Roth Group to establish the cost of services. In order to develop the most cost effective contract possible, it was determined that the City pay each consultant (LPA and the Roth Group) separately. Their fees respectively are: Consulting Services LPA $44,740 The Roth Group $39,400 TOTAL $84,140 Reimbursables (5%) Totals $2,250 $46,990 $1,957 $41,357 $4,207 $88,347 The fee proposal includes all the services requested in the City's R.F.P. It also includes eight task force meetings and two community meetings. Should additional work be required of the Consultant team, staff will bring a revised scope of work and revised fee schedule back to the City Council for approval prior to any additional work being authorized for the consultant team to complete. Staff recommends that a separate contract for LPA, in the amount of $46,990 and the Roth Group, in the amount of $41,357 be awarded by the City Council. Prepared by Bob Rose, Community Services Director CONSULTING SERVICES AGREEMENT THIS AGREEMENT is made as of lanuary 5, 1999 and between the City of Diamond Bar, a municipal corporation ("City") and LPA. Inc. , ("Consultant"). RECITALS A. City desires to utilize the services of Consultant as an independent contractor to provide consulting services to City, for Needs Assessment, Space Allocation Analysis, Conceptual Design and Public Input Process for the Proposed Civic Center Complex, as set forth in Exhibit "A." B. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: 1. Consultant's Services. A. Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit "A." B. Level of Services/Time of Performance. The level of and time of the specific services to be performed by Consultant are as set forth in Exhibit "A." 2. Term of Agreement. This Contract shall take effect January 5. 1999, and shall continue until December 31 1999 , unless earlier terminated pursuant to the provisions herein. 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the schedule set forth in Exhibit "A." Payment will be made only after submission of proper monthly invoices in the form specified by City. Total payment to Consultant pursuant to this Agreement shall not exceed Forty -Six Thousand. Nine Hundred and Ninety Dollars (546.990.00) 4. General Terms and Conditions. In the event of any inconsistency between the provisions of this Agreement and Consultant's proposal, the provisions of this Agreement shall control. S. Addresses. City: City of Diamond Bar Consultant: LPA, Inc. Terrence L. Belanger, City Manager Jim Wirick, AIA 21660 East Copley Drive, Suite 100 17848 Sky Park Circle Diamond Bar, California 91765-4177 Irvine, CA 92614 6. Status as Independent Consultant. A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. City of Diamond Bar Consulting Services Agreement - Conceptual Design for the Proposed Civic Center Complex LPA, Inc. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. 7. Standard of Performance. Consultant shall perform all work to the highest professional standards and in a manner reasonably satisfactory to the City Manager or the City Manager's designee. 8. - Indemnification. Consultant is skilled in the professional calling necessary to perform the services and duties agreed to be performed under this Agreement, and City is relying upon the skill and knowledge of Consultant to perform those services and duties. To the fullest extent permitted by law, Consultant hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless the City of Diamond Bar and its elected officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively pindemniteesb) from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or omission of Consultant or any of its officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to this Agreement or the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against an Indemnitee shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. Consultant shall pay Indemnitees for any attorneys fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code § 2782(a) or (b) the contracting public agency's active negligence to the limited extent that the underlying Agreement is subject to Civil Code § 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees. City of Diamond Bar Consulting Services Agreement - Conceptual Design for the Proposed Civic Center Complex LPA, Inc. Consultant, on behalf of itself and all parties claiming under or through it, hereby waives all tights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Consultant regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. In the event there is more than one person or entity named in the Agreement as a Consultant, then all obligations, liabilities, covenants and conditions under this Section 8 shall be joint and several. 9. Insurance. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company admitted to do business in California and approved by the City (1) a policy or policies of broad -form comprehensive general liability insurance with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00; (3) automotive liability insurance, with minimum combined single limits coverage of $500,000.00; (4) professional liability insurance (errors and ommissions) to cover or partially cover damages that may be the result of errors, omissions, or negligent acts of Consultant, in an amount of not less than $1,000,000 per occurrence; and (5) worker's compensation insurance with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. City, its officers, employees, attorneys, and volunteers shall be named as additional insureds on the policy(ies) as to comprehensive general liability, property damage, automotive liability, and worker's compensation coverages. The policy (ies) as to comprehensive general liability, property damage, and automobile liability, shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. A. All insurance policies shall provide that the insurance coverage shall not be non - renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage. B. Consultant agrees that if it does not keep the insurance in full force and effect, and such insurance is available at a reasonable cost, City may take out the necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation of Consultant and the cost of such insurance may be deducted, at the option of City, from payments due Consultant. C. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (2) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less that one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement". 10. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. City of Diamond Bar Consulting Services Agreement - Conceptual Design for the Proposed Civic Center Comolex LPA, Inc. 11. Ownership of Materials. All materials provided by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. 12. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, director or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 13. Termination. City may terminate this Agreement with or without cause upon fifteen (15) days' written notice to Consultant. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services. 14. Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City's premises. 15. Financial Condition. Prior to entering into this Agreement, Consultant has submitted documentation acceptable to the City Manager, establishing that it is financially solvent, such that it can reasonably be expected to perform the services required by this Agreement. Within thirty (30) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement, Consultant shall submit such financial information as may be appropriate to establish to the satisfaction of the City Manager that Consultant is in at least as sound a financial position as was the case prior to entering into this Agreement. Financial information submitted to the City Manager shall be returned to Consultant after review and shall not be retained by City. 16. Non -Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment City of Diamond Bar Consulting Services Agreement - Conceptual Design for the Proposed Civic Center Com#lex LPA, Inc. advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 17. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 18. Performance Evaluation. For any contract in effect for twelve months or longer, a written annual administrative performance evaluation shall be required within ninety (90) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement. The work product required by this Agreement shall be utilized as the basis for review, and any comments or complaints received by City during the review period, either orally or in writing, shall be considered. City shall meet with Consultant prior to preparing the written report. If any noncompliance with the Agreement is found, City may direct Consultant to correct the inadequacies, or, in the alternative, may terminate this Agreement as provided herein. 19. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 20. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 21. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 22. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. City of Diamond Bar Consulting Services Agreement - Conceptual Design for the Proposed Civic Center Complex LPA, Inc. 23. Governing Law. This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. 24. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 25. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk. 26. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. "CITY" ATTEST: CITY OF DIAMOND BAR By: By: City Clerk Mayor Approved as to form: By: City Attorney "CONSULTANT" By: Its: City of Diamond Bar Consulting Services Agreement - Conceptual Design for the Proposed Civic Center Comblex LPA, Inc. CONSULTING SERVICES AGREEMENT THIS AGREEMENT is made as of lanuary 5, 1999 and between the City of Diamond Bar, a municipal corporation ("City") and The Roth Group, Inc. , ("Consultant"). RECITALS A. City desires to utilize the services of Consultant as an independent contractor to provide consulting services to City, for Needs Assessment, Space Allocation Analysis, Conceptual Design and Public Input Process for the Proposed Civic Center Complex, as set forth in Exhibit "A." B. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: 1. Consultant's Services. A. Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit "A." B. Level of Services/Time of Performance. The level of and time of the specific services to be performed by Consultant are as set forth in Exhibit "A." 2. Term of Agreement. This Contract shall take effect lanuary 5. 1999, and shall continue until December 31. 1999 , unless earlier terminated pursuant to the provisions herein. 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the schedule set forth in Exhibit "A." Payment will be made only after submission of proper monthly invoices in the form specified by City. Total payment to Consultant pursuant to this Agreement shall not exceed Forty -One Thousand, Three Hundred and Fifty -Seven Dollars ($41,357.00) 4. General Terms and Conditions. In the event of any inconsistency between the provisions of this Agreement and Consultant's proposal, the provisions of this Agreement shall control. 5. Addresses. City: City of Diamond Bar Consultant: The Roth Group Terrence L. Belanger, City Manager Marlene T. Roth, AICP 21660 East Copley Drive, Suite 100 200 North Maryland Avenue, Ste 100 Diamond Bar, California 91765-4177 Glendale, CA 912064262 6. Status as Independent Consultant. A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. City of Diamond Bar Consulting Services Agreement - Conceptual Design for the Proposed Civic Center Complex The Roth Group, Inc. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. 7. Standard of Performance. Consultant shall perform all work to the highest professional standards and in a manner reasonably satisfactory to the City Manager or the City Manager's designee. 8. Indemnification. Consultant is skilled in the professional calling necessary to perform the services and duties agreed to be performed under this Agreement, and City is relying upon the skill and knowledge of Consultant to perform those services and duties. To the fullest extent permitted by law, Consultant hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless the City of Diamond Bar and its elected officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively Nndemniteesb) from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or omission of Consultant or any of its officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to this Agreement or the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against an Indemnitee shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. Consultant shall pay Indemnitees for any attorneys fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code § 2782(a) or (b) the contracting public agency's active negligence to the limited extent that the underlying Agreement is subject to Civil Code § 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees. City of Diamond Bar Consulting Services Agreement - Conceptual Design for the Proposed Civic Center Complex The Roth Group, Inc. Consultant, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Consultant regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. In the event there is more than one person or entity named in the Agreement as a Consultant, then all obligations, liabilities, covenants and conditions under this Section 8 shall be joint and several. 9. Insurance. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company admitted to do business in California and approved by the City (1) a policy or policies of broad -form comprehensive general liability insurance with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00; (3) automotive liability insurance, with minimum combined single limits coverage of $500,000.00; (4) professional liability insurance (errors and ommissions) to cover or partially cover damages that may be the result of errors, omissions, or negligent acts of Consultant, in an amount of not less than $1,000,000 per occurrence; and (5) worker's compensation insurance with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. City, its officers, employees, attorneys, and volunteers shall be named as additional insureds on the policy(ies) as to comprehensive general liability, property damage, automotive liability, and worker's compensation coverages. The policy (ies) as to comprehensive general liability, property damage, and automobile liability, shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. A. All insurance policies shall provide that the insurance coverage shall not be non - renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage. B. Consultant agrees that if it does not keep the insurance in full force and effect, and such insurance is available at a reasonable cost, City may take out the necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation of Consultant and the cost of such insurance may be deducted, at the option of City, from payments due Consultant. C. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (2) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less that one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement". 10. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. City of Diamond Bar Consulting Services Agreement - Conceptual Design for the Proposed Civic Center Comolex The Roth Group, Inc. 11. Ownership of Materials. All materials provided by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. 12. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, director or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 13. Termination. City may terminate this Agreement with or without cause upon fifteen (15) days' written notice to Consultant. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services. 14. Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City's premises. 15. Financial Condition. Prior to entering into this Agreement, Consultant has submitted documentation acceptable to the City Manager, establishing that it is financially solvent, such that it can reasonably be expected to perform the services required by this Agreement. Within thirty (30) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement, Consultant shall submit such financial information as may be appropriate to establish to the satisfaction of the City Manager that Consultant is in at least as sound a financial position as was the case prior to entering into this Agreement. Financial information submitted to the City Manager shall be returned to Consultant after review and shall not be retained by City. 16. Non -Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment City of Diamond Bar Consulting Services Agreement - Conceptual Design for the Proposed Civic Center Complex The Roth Group, Inc. advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 17. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 18. Performance Evaluation. For any contract in effect for twelve months or longer, a written annual administrative performance evaluation shall be required within ninety (90) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement. The work product required by this Agreement shall be utilized as the basis for review, and any comments or complaints received by City during the review period, either orally or in writing, shall be considered. City shall meet with Consultant prior to preparing the written report. If any noncompliance with the Agreement is found, City may direct Consultant to correct the inadequacies, or, in the alternative, may terminate this Agreement as provided herein. 19. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 20. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 21. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 22. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. City of Diamond Bar Consulting Services Agreement - Conceptual Design for the Proposed Civic Center Complex The Roth Group, Inc. 23. Governing Law. This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. 24. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 25. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk. 26. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. "CITY" ATTEST: CITY OF DIAMOND BAR By: By: City Clerk Mayor Approved as to form: By: City Attorney "CONSULTANT" 0 Its: City of Diamond Bar Consulting Services Agreement - Conceptual Design for the Proposed Civic Center Comblex The Roth Group, Inc. REQUEST FOR PROPOSALS FOR THE CITY OF DIAMOND BAR CIVIC CENTER NEEDS ASSESSMENT PROJECT ISSUED BY: THE CITY OF DIAMOND BAR 21660 E. COPLEY DRIVE, STE. 100 DIAMOND BAR, CA 91765 TERRENCE L. BELANGER, CITY MANAGER (909) 396-5666 NOVEMBER 6; 1998 RESPONSES DUE: DECEMBER 2, 1998 MAYOR CAROL HERRERA MAYOR PRO TEM WEN CHANG COUNCIL MEMBER EILEEN ANSARI COUNCIL MEMBER ROBERT HUFF COUNCIL MEMBER DEBORAH O'CONNOR REQUEST FOR PROPOSALS CITY OF DIAMOND BAR CIVIC CENTER NEEDS ASSESSMENT PROJECT i �11. MOM The City of Diamond Bar is seeking qualified architects or architect/teams to submit their proposals for the Civic Center Needs Assessment Project. The City of Diamond Bar's proposed Civic Center includes, at minimum, a City Hall, Community Center, and Library. The Civic Center Needs Assessment Project is to include a needs assessment and space allocation analysis and will serve as the basis for site selection, conceptual cost estimates, contract specifications, and will guide the City in the creation of the physical form of the Civic Center. The Civic Center Needs Assessment Project architect will also provide for the facilitation of the Community Center/Civic Center Task Force. The facilitator will be required to attend approximately 6-10 Community Center/Civic Center Task Force meetings. The Task Force was commissioned by the Mayor to address the issues related to the public facility needs of the Diamond Bar community, and to prepare an advisory report of findings to the City Council by June 30, 1999. Firms or teams choosing to respond to this RFP for the Civic Center Needs Assessment Project are required to submit all of the information outlined in the section entitled Architect Qualification Submittal. Firms must be willing to enter into a standard City of Diamond Bar Consulting Services Agreement, and must submit the attached Declaration of Qualifications Form. In addition, interested firms are encouraged to submit any additional information available that demonstrates any distinctive qualities of their company or team that would make them uniquely qualified to be selected for this opportunity. The City of Diamond Bar, incorporated April 18, 1989, is located at the junction of the 57 and 60 freeways in the eastern portion of Los Angeles County where Los Angeles, Orange and San Bernardino Counties meet. The City, which encompasses approximately 15 square miles, has a population of 56,700. The City presently has a small in-house staff (30 full time and I 1 part time). The City contracts out much of the actual service provision to local public and private agencies. In-house City services include administration, engineering, planning, parks and recreation, and maintenance of public facilities. City Council has determined that it is a community priority to create a symbolic focal point of community governance and/or to expand community facilities and services, the need for a larger Civic Center in a more centralized location is necessary. Such a facility could also house a number of other governmental, social, cultural and recreational organizations; and, other community uses such as a senior center or a multi -use community center. III. THE CIVIC CENTER The components of the proposed Civic Center in one or more buildings are as follows: A. City Hall B. Community Center C. Library D. Other (As may be determined) Please provide the following information for your architect qualification submission. Please refer to the alphanumeric sections in preparing your response. A. Architect and Architecture Team 1. Firm name, address, telephone number, principal contact 2. Complete description and resumes, or background and experience summaries of the development team, including: a. Major team members, including at least: architect, landscape architect, engineer, and other consultants. A collaborative needs assessment and space allocation analysis is envisioned wherein the architect and engineer will work together on all aspects of the analysis. b. Other consultants, such as economic consultants, structural and civil engineers, etc. c. Any joint venture or individual partners d. Key project management staff B. Experience and References Be as specific as possible in terms of relating your past relevant experience to the size and scope of this particular project, and include data on projects that best illustrate your credentials. If the experience was the result of working with another architecture entity, provide the name of the entity and a contact person. 2 1. List of relevant projects you have designed and/or constructed since 1990. Provide the following information for each project: a. Project name and type; e.g., XYZ University, university library b. Location, including address, and current owner c. Land acreage and building square footage d. Major tenant or tenants, if applicable e. Date completed or current status and estimated completion date 2. List of projects that members of your team have designed and/or constructed since 1990. 3. List of projects that team members have designed and/or constructed in the areas of city halls, community centers, and libraries. Please limit your overall response to six projects. 4. References - including names and phone numbers. Limit of five. 5. Any other information you deem necessary or beneficial to best present your qualifications for this needs assessment and space allocation analysis. C. Proposed Fee Rate schedule must be submitted in a separate, sealed envelope. Fees must be guaranteed for ninety days. 1. Cost of services to be provided by your firm. The cost shall be broken-down by major phases, tasks and hourly rate. Consultants shall identify any costs that would not be included in the "total cost" of the proposal. Time and materials shall be included, with a stated "not to exceed" amount. 2. Proposed hourly billing for each project team member that would be assigned and any expected additional expenditures. 'u M All sealed submissions are to be submitted to Mr. Terrence L. Belanger, City Manager, on or before 3:00 p.m., on December 2, 1998. In order to ensure confidentiality to all parties, submissions will not be opened until after 3:00 p.m. on December 2, 1998. All submissions must be hand delivered or sent by Certified Mail - Return Receipt Requested. Submissions must be signed by a principal of the firm. Consortiums, joint ventures or teams submitting proposals will not be considered unless it is established that contractual responsibility rests solely with one firm or legal entity. Each submission should indicate the entity and the individual responsible for the project negotiation and execution on behalf of the proposal team. An architect, by submitting a signed response to this Request for Proposals, waives all rights to protest or seek any legal remedies whatsoever regarding any aspect of this RFP, the City's selection of an architect, the City's rejection of any or all submissions, and any subsequent agreement that may be entered into as a result of this RFP. The City of Diamond Bar reserves the right to modify the scope of this RFP, to reject all submissions or to request and obtain from one or more of the -architects' submitting proposals, supplementary information as may be necessary for City and selection criteria as requested herein. The City reserves the right to request additional information as and when needed, and in a format to be determined by the City. The information may be requested from an architect individually or from all the architects simultaneously. Architects will be given adequate time to respond, and all architects will be asked for and evaluated on the same submission criteria, information and materials. Failure to submit all of the required documentation and/or information set forth in this RFP may result in disqualification. The City is not liable for any cost or expenses incurred in the preparation of the proposal. During the RFP phase, firms or teams are requested to provide information detailing their specific qualifications and experience regarding the components of the project. Project submittals will be evaluated by a selection team composed of City staff. The criteria to be evaluated generally includes the following, not necessarily listed in order of importance: Qualifications and experience of the architect/team; Quality of the other similar projects completed by the architect/team; Strength of the firm's experience in designing/constructing similar facilities; Fee proposal. Subsequent to final review and selection of the most qualified submitting architects, the selection team will invite up to four firms to respond to a more detailed interview process. Staff will present a summary of the consultants' submissions to the City Council on January 5, 1999, where the City Council will have the opportunity to award a contract. 4 VIII • , RFP Released Proposal Preparation Proposal Due Proposal Review/Interviews City Council Award of Contract Information and/or questions: RFP Submission Copies RFP Deadline: Submit to: Attachments: Consulting Services Agreement Declaration of Qualifications Form November 6, 1998 November 6, 1998 - December 2, 1998 December 2, 1998 December 2, 1998 - December 18, 1998 January 5, 1999 Anne M. Haraksin Administrative Assistant (909) 396-5692 Six (6) sealed copies; with one (1) master copy (Submit fees in a separate sealed envelope) By 3:00 p.m., December 2, 1998 Terrence L. Belanger, City Manager City of Diamond Bar 21660 E. Copley Drive, Suite 100 Diamond Bar, CA 91765 5 CITY OF DIAMOND BAR AGENDA REPORT AGENDA N0. � •2— TO: Terrence L. Belanger, City Manager MEETING DATE: January 5, 1999 REPORT DATE: December 31,1998 FROM: Bob Rose, Community Services Director TITLE: Consideration for the Establishment of a 501(c)(3) Non -Profit Foundation to Raise Funds for Park Projects and Recreational Needs for the City of Diamond Bar SUMMARY: The Parks Master Plan recommends the establishment of a 501(c)(3) non-profit foundation as a method to solicit funding for park capital improvement projects. The Parks and Recreation Commission discussed this issue attheir August 27 and September 24,1998 regular meetings. The Commission voted to recommend the establishment of a 501(c)(3) non-profit foundation to the City Council. RECOMMENDED ACTION: The Parks and Recreation Commission recommends the establishment of a 501(c)(3) non-profit Foundation with proceeds dedicated to the implementation of the Parks Master Plan and to support the cultural, recreational and human service needs of the City of Diamond Bar. It is further recommended that the City Council direct staff to forward the Articles of Incorporation and By-laws to the City Attorney for Approval to Form. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification _ Resolution(s) _ Bid Specifications (on file in City Clerk's office) _ Ordinance(s) X Other: - Minutes of P&R Commission for Agreement(s) August 27, 1998 & September 24, 1998 - Draft Articles of Incorporation & By -Laws - Minutes of October 6, 1998 Joint Meeting with the Citv Council 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 & Recreation Commission 5. Are other departments affected by the report? _ Yes X No Report discussed with the following affected departments: REVIEWED BY: Terrence L. Belanger James DeStefano City Manager Deputy City Manager Bob Rose Community Services Director CITY COUNCIL REPORT MEETING DATE: January 5, 1999 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Consideration for the Establishment of a 501(c)(3) Non -Profit Foundation to Raise Funds for Park Projects and Recreational Needs for the City of Diamond Bar Issue Statement This is a policy question on whether the City Council should establish a 501(c)(3) non-profit foundation, and, if so, how the proceeds should be utilized. The Parks Master Plan recommends the establishment of a 501(c)(3) Foundation with proceeds earmarked for defined facilities and for specific costs. Recommendation The Parks and Recreation Commission recommends the establishment of a 501(c)(3) non-profit foundation with proceeds dedicated to the implementation of the Parks Master Plan and to support the cultural, recreational and human service needs of the City of Diamond Bar. It is further recommended that the City Council direct staff to forward the Articles of Incorporation and By -Laws to the City Attorney for Approval to Form. Financial Summary Estimated cost to establish a 501(c)(3) non-profit foundation is up to $2,000. Operations costs could total up to $4,000 or more per year. There are currently no funds budgeted for the establishment or operation of a 501(c)(3) non-profit foundation. Background The Parks Master Plan, which was adopted by the City Council in March, 1998, recommends the establishment of a 501(c)(3) non-profit foundation as a method to solicit funding for park capital improvement projects. The foundation, as described in the Parks Master Plan, could serve as a conduit for receiving private donations from entities who might otherwise be reluctant to donate to a City. In addition, the donor could receive tax benefits. Through the foundation, the City could solicit private foundations, corporations and other businesses, local organizations and individuals inducing gifts, bequests and trust funds. The City of Diamond Bar currently has a data base of over 1000 private ibundations available from the Grantsmanship Center in Los Angeles that provides various funding opportunities to non-profit foundations. The Parks and Recreation Commission reviewed the concept of establishing a 501(c)(3) Foundation at their August 27 and September 24,1998 regular meetings. The concept was also discussed at the October 6, 1998 City Council joint meeting with the Parks and Recreation Commission. On September 24, 1998 the Parks and Recreation Commission voted to recommend to the City Council the establishment of a 501(c)(3) foundation for the City of Diamond Bar. The Commission developed draft Articles of Incorporation and By -Laws for the proposed foundation. According to these draft documents, the purpose of the proposed foundation will be to lessen the burden of government to promote the implementation of the Parks Master Plan and to support the cultural, recreational and human service needs of the City of Diamond Bar. Discussion The concept of establishing a 501(c)(3) non-profit foundation raises several issues: How much will it cost to establish? Response: The Articles of Incorporation and By -Laws still need to be reviewed by the City Attorney. Also, these documents then need to be filed with the State of California. These items would cost an estimated $1,000 to $2,000. How much will it cost to operate? Response: As proposed, the foundation will operate utilizing volunteer board members. However, it is proposed to have open meetings and to be under the jurisdiction of the Brown Act. Therefore, meetings will require posting, minutes taken and approved and appropriate meeting and financial records maintained. Cost of these requirements could be as much as $3,000 to $4,000 per year. 3. Who would solicit funds on behalf of the foundation? Response: The Parks Master Plan recommends contracting with a Grant Procurer for this service. This consultant would be responsible for researching potential grants and, when directed, to write the necessary grant or donation request on behalf of the Foundation. 4. Who would serve on the Foundation? Response: As proposed, there would be eleven Board Members. One (1) would be a City Council member appointed by the Mayor. One (1) would be a Parks & Recreation Commissioner, five (5) members would be Diamond Bar residents that are recommended by the Parks & Recreation Commission and appointed by the City Council. The remaining four (4) members would be Diamond Bar residents who represent local service organizations, and are appointed by vote of the other Board Members. What is proposed "life" of the Foundation? Response: The Foundation shall serve in perpetuity; however, at any time it may be concluded and assets distributed (for purposes for which Foundation was founded only) with the assent of two-thirds of the Board of Directors and the City Council. Prepared by Bob Rose, Community Services Director 4? 4t)* BYLAWS OF THE DIAMOND BAR COMMUNITY FOUNDATION 4# ARTICLE I - NAME AND ADDRESS Section 1. The name of this corporation shall be the Diamond Bar Community Foundation, hereinafter referred to as the "Foundation". Section 2. The address of the principal executive office of the Foundation shall be located at Diamond Bar City Hall or at such place as the Board of Directors hereafter may designate. ARTICLE H - PURPOSE AND LIMITATIONS Section 1. The purpose of the Foundation is to establish a permanent endowment fund to lessen the burden of government by assisting the City of Diamond Bar in the acquisition and development (including maintenance and operation of said facilities) following the direction of, but not limited to, the Parks Master Plan of 1998 and amendments to the Parks Master Plan in the future. Section 2. The Foundation is organized exclusively for the benefit of carrying out the purposes of the City, within the meaning of Section 509(a)(3)(A) of the Internal Revenue Code of 1954, as amended, the Regulation thereunder, and the corresponding provision of any applicable future United States Internal Revenue Law and Regulations hereinafter collectively referred to as the "Code". Section 3. In carrying out such purpose, the Foundation shall not, in any manner, be utilized to discharge the obligation of the City. The support and promotion of cultural, recreational and human services afforded by this Foundation is in addition to, and supplementary to, any budgeting program sponsored by the City, and the use of this Foundation in routine operations (other than those established by the Foundation) shall be a violation of the purposes herein expressed. ARTICLE III - MEETINGS Section 1. All meetings, regular and special shall be notified, posted and conducted in every way consistent with the requirements set forth in the Brown Act. All meetings of the Board shall be open and public and -all persons shall be permitted to attend any meeting of the Board, provided, however, that the Board may hold closed sessions during any meeting to consider those matters that may lawfully be considered in such sessions under Chapter 9 of Part 1 of Division 2 of Title 5 of the Government Code, commencing with Section 54950. Section 2. The Board of Directors of the Foundation shall hold an annual meeting in the month of March at such time and place as designated by the Board. Section 3. Adoption of a budget for the upcoming fiscal year shall occur at the annual meeting. Section 4. Special meetings may be called at any time by a majority of the Board. Written notice, stating the time and place of any special meeting and its purpose shall be received by each member of the Board at least seven days before such meeting. Section 5. A majority of the Board constitutes a quorum for the transaction of business at every meeting. Every act or decision done or made.by a majority of the Directors present at a meeting at which a quorum is present shall be regarded as an act of the Board of Directors. ARTICLE IV - MEMBERSHIP AND SHARES Section 1. The corporation shall have no membership. Section 2. The corporation shall not have nor issue shares of stock and shall declare no J14APP dividends. Section 3. No part of the Foundation shall inure to the benefit of any private individual, and no part of the direct or indirect activities of this Foundation shall consist of carrying on propaganda, or otherwise attempting to influence legislation, or of participating in. or intervening in (including the publication or distribution of statements), any political campaign on behalf of any candidate for public office. Notwithstanding any other provision hereof, this Foundation shall not conduct or carry on any activities not permitted to be conducted or carried on by an organization exempt under 501(c)(3) of the Code or by an organization to which contributions are deductible under Section 170(c)(2) of such Code. ARTICLE V - BOARD OF DIRECTORS Section 1. The total number constituting the Board of Directors shall be eleven (11). Section 2. One (1) member of the Board of Directors shall also be a member of the Citv_ Council at the appointment of the mayor for a one year term. Section 3. One (1) member of the Board of Directors shall be a representative of the Parks and Recreation Commission of the City of Diamond Bar, (to be elected by the Commission annually). Section 4. Five (5) members of the Board of Directors shall be filled by residents of the City of Diamond Bar appointed by the City Council. (The Parks and Recreation Commission shall present a list of recommendations to the City Council in January for consideration.) Four (4) members of the Board of Directors shall be filled by residents of the City of Diamond Bar as representatives of local Community organizations: i.e. Chamber of Commerce (1), senior groups (1), youth organizations (1), and service organizations (1). These members -at -large are to be appointed by the Board of Directors on a rotating basis from within each of the four groups. No one of these members may be appointed with less than four votes from the Board of Directors. No two or more persons from the same household shall be appointed to the Board of Directors to serve at the same time. Section 5. The terms shall be two years for City Council appointees to be limited to two (2) consecutive terms. The terms for the four (4)) at -large appointees shall be two year terms limited by two (2) consecutive terms. A one year period must occur before reappointment from either Council or Community organizations. (An at -large appointee cannot become a Council appointee without an intervening year and vice -versa.) - All vacancies occurring because of the expiration of terms or for other reasons will be filled by the appointing body. Section 6. Terms of office for the members of the first board appointed shall be concurrent with Council terms of office for Council appointees. The four at -large appointees shall serve two (2) two year terms and two (2) one year terms. These terms shall be determined by random draw. Section 7. Any Director of the Foundation may be removed at any time by the vote of six (6) Directors, subject to the approval by a threelfifths vote of the City Council. This Section is not subject to amendment, change or alteration in any of its clauses or provisions without the consent of the Diamond Bar City Council. Section 8. All terms as prescribed in this article shall commence with the organizational meeting of the Board of Directors and shall expire at the date of the annual meeting in March. Section 9. Any change in the number and qualifications of members of the Board of Directors shall be made only by amendment to these Bylaws. ID ARTICLE VI - OFFICERS #41pr Section 1. The Board shall elect a Chairperson. Vice -Chairperson and a Secretary/Treasurer at the annual meeting. Their terms of office are one (1) year. Section 2. The Chairperson shall preside at all meetings of the Board and shall have such Other powers and duties as may be prescribed from time to time by the Board of Directors. The Chairperson shall have a vote on all matters. Section 3. The Chairperson, with assistance from the Community Services Director of the City of Diamond Bar and the Investment Trustee, shall present a budget for approval of the Board at the annual meeting. Section 4. Disbursement of money in excess of $500 shall require the signatures of both the Chairperson and the Secretary/Treasurer. Section 5. Vice -Chairperson - in the absence or disability of the Chairperson, the Vice - Chairperson shall perform all the duties of the Chairperson. The Vice -Chairperson shall have such other powers and shall perform such other duties as may be prescribed from time to time by the Board of Directors.. Section 6. Secretary/Trmsurer - shall assist the Chairperson in the preparation of the agenda for the meetings, shall keep a full and complete record of the proceedings of all meetings of the Board of Directors and shall keep the seal of this corporation and affix the same to such papers and instruments as may be required in the regular course of business, shall provide such notices as may be necessary and proper, shall supervise the keeping of the books of this corporation and shall discharge such other duties as pertain to the office or as prescribed by the Board of Directors. The Secretary/Treasurer shall be the chief financial officer of this corporation and, if so required by the Board of Directors, shall give a bond for the faithfid discharge of his or her duties in such sum and with such surety as the Board of Directors shall deem appropriate. The Secretary/Treasurer shall submit an annual report to the Board on the first meeting in October of each year. In case of the absence of disability of the Secretary/Treasurer, or his or her refusal or neglect to act, such notices may be provided by the chairperson, or by the vice -chairperson or by, any person thereunto authorized by the chairperson or by the vice-chairperson,or by the Board of Directors. ARTICLE VII - POWERS Section 1. The decisions and acts of a majority of the members of the Board of Directors, qualified and serving, shall constitute an exercise of the Foundation powers and discretion conferred upon the Board of Directors and the decisions and acts of such majority shall constitute and be taken as the decisions and acts of the entire.Board of Directors. This.corporation shall defend any director who is a party to or is threatened to be made a party to any proceeding, other than by or in the right of the corporation, by reason of the fact that such Director is or was an agent of this corporation, and will indemnify any such director against expenses, judgments, fines, settlements and any other amounts actually and reasonably incurred in connection with such proceeding if such Director acted m gogd faith and in a manner such Director reasonably believed to be in the best interest of this corporation and, in the case of criminal proceeding, if such Director had not reasonable cause to believe the conduct was unlawful. Section 2. The Board of Directors may not adopt rules which are inconsistent with the terms of this Foundation. Q R qAp Section 3. A simple majority of the Board may amend the Bylaws at any meeting. However, no such amendment or modification shall alter the intention that this Foundation be operated exclusively to implement the adopted Parks Master Plan, or for cultural, recreational and human service purposes and in a manner which shall make this Foundation tax exempt and the donations to it deductible from taxable income to the extent allowed by the provisions of the Code and other applicable legislation and regulations as they now exist or as they may be amended in the future. Every amendment or modification of these Bylaws shall be in writing, shall be signed by a majority of the Board of Directors then serving and shall be delivered to each of the members of the Board then in office and to the Investment Trustee then in office. ARTICLE VIII - COMPENSATION AND EXPENSES Section 1. The Board of Directors shall serve without compensation. Section 2. No member of the Board of Directors shall be financially interested in any contract or other transaction entered into by the Board of Directors, and any contract or transaction entered into in violation of this is void. No Director may utilize information obtained by reason of Board membership for personal gain; the Board of Directors may recover any such gain realized. ARTICLE IX - INVESTMENT TRUSTEE Section 1. The Finance Officer of the City of Diamond Bar shall serve as the Investment Trustee for the Foundation. He/She shall have the powers and authority set out in Section 2. Section 2. The powers of the Investment Trustee shall be limited to investment of the Foundation property and shall have the following discretionary powers: (a) To hold the principal and all money or property given to the Trustee to invest and re- invest, unless the deed or legacy of a particular gift or gifts specifically authorized or requires its retention and/or use for a specific purpose. (b) To invest and re -invest the principal and undistributed income of the Foundation funds on deposit with the Trustee in such property, real, personal or mixed and in such a manner as it shall deem proper for the growth of capital and the production of income, and from time to time .change investments as he/she shall deem advisable; to invest in or retain anv stocks, share, bonds, notes, obligations or personal or real property bonds, notes, obligations, or personal or real property (including, without limitation, any interest in or obligations of any corporations, association, business trust, investment trust, common trust fund or investment company) although some or all of the property so acquired or retained is of a kind or size which, but for this express authority, would not be considered proper and although all of the Foundation funds are invested in one company. No principal or income shall be loaned, directly or indirectly, to the Investment Trustee or any member of the Board or to anyone else, corporate or otherwise, who has at any time made a contribution to this Foundation, nor anyone except on the basis of a minimum of the current market interest rate and with adequate security. (c) To sell, lease, or exchange any personal, mixed or real property at public auction or by private contact, for such consideration and on such terms as to credit or otherwise, and to make such contracts and enter into such undertakings relating to the, Foundation property, as it considers advisable, whether or not such leases or contracts may extend beyond the duration of the Foundation. (d) To borrow money for such periods, at such rates of interest, and upon such terms as it considers advisable, and as security for such loans to mortgage or pledge any real or personal property with or without power of sale; to acquire or hold any real or O,pgFT personal property, subject to any mortgage or hold any real personal property, subject to any mortgage or pledge on or of property acquired or held by this Foundation. (e) To execute and deliver deeds, assignments, transfers, mortgages, pledges, leases, covenants, contracts, promissory notes, releases, and other instruments, sealed or unsealed, incident to any transaction in which it engages. (f) To vote, to give proxies, to participate in the reorganization, merger or consolidation of any concern or in the reorganization, merger or consolidation of any concern or in the sale , lease, disposition, or distribution of its asset; to join with other security holders in acting through a committee, depository, voting trustees, or otherwise and in this connection to delegate authority to such committee, depository, trustees and to deposit securities with them or transfer securities to them; to pay assessments levied on securities or to exercise subscription rights in respect of securities. (g) To hold Foundation property without indication of fiduciary capacity but only in the name of a registered nominee, provided the Foundation property is at all times identified as such on the books of the Foundation Fund; to keep any and all of the Foundation property or funds in any place or places in the United States of America. ARTICLE X - ACCOUNTING Section 1. The Investment Trustee shall render an accounting of the investment transaction concerning the Foundation to the Board of Directors at least annually. No person or entity other than the Board of Directors may require an accounting or bring any action against the Investment Trustee with respect to the Foundation. The Investment Trustee may at any time initiate legal action or proceedings for the settlement of its accounts and, except as otherwise required by law, the only necessary party defendant to such action or proceedings shall be the Board of Directors. Section 2. The fiscal year of the Foundation shall be from July 1 through June 30. Section 3. The Board of Directors shall make'a report annually of its uses of the Foundation and shall distribute copies to all members at the regular annual meeting held in March. ARTICLE XI - LIABILITY OF TRUSTEES/DIRECTORS Section 1. No Investment trustee or member of the Board of Directors shall be answerable for loss in investment made in good faith. No Investment Trustee or Member of the Board of Directors shall be liable for the act of omissions of any other member of the Board, or of any accountant, agent , counsel or custodial selected with reasonable care. Each Investment Trustee or member of the Board shall be fully protected in acting upon any instrument, certificate or paper, believed by him/her to be genuine and to be signed or presented by the proper person or persons and no Investment Trustee or member of the Board shall be under any duty to make any investigation or inquiry as to any statement contained in any such writing but may accept the same as conclusive evidence of the truth and accuracy of the statement therein contained. ARTICLE XII - FOUNDATION Section 1. The Board of Directors may receive donations from the Donors or from anv other source in cash or in other property acceptable to them. All donations so received shall be deposited with an Investment Trustee by the Board of Directors and thereafter held, managed, administered and disposed of by the Investment Trustee and the Board of Directors pursuant to the terms of the Agreement. The Board of Directors may accept donations which restrict their uses and purposes, provided such restrictions are within the uses and purposes set forth in Article H, and which limit the time, manner, amount, or 0 R q� other terms of distribution; but, unless otherwise specifically required, the Board of Directors may mingle such restricted donations with other assets of the Foundation. ARTICLE XIII - USE OF THE FOUNDATION Section 1. The Board of Directors shall have the power to apply the Foundation for the purposes set forth in Article II. In furtherance thereof, the Board of Directors shall have the power and authority and is directed to distribute the distributable income of the Foundation as they may determine, to the•uses and purposes set forth in Article I1. Section 2 Unless the restricted donation provides otherwise, as used in Section I, "distributable income" means the total holdings of the Foundation, principal and interest, less $2,500 which will serve as the minimum holding of the Foundation. ARTICLE XIV - TERM OF FOUNDATION Section 1. The Foundation shall continue in perpetuity; it may, however, at any time be concluded and the assets distributed with the assent of two-thirds of the Board of Directors and the City Council (10 of 15). Upon any such conclusion, the assets of this Foundation shall be distributed exclusively for such purpose or purposes, as are consistent with the stated purpose of the Foundation. ARTICLES OF INCORPORATION 1)#44�rOF THE DIAMOND BAR COMMUNITY FOUNDATION The name of this corporation is: THE DIAMOND BAR COMMUNITY FOUNDATION This corporation is a nonprofit public benefit corporation and is not organized for the private gain of any person. It is organized under the Nonprofit Public Benefit Corporation Law for public and charitable purposes. This corporation shall never operate for the primary purpose of carrying on a trade or business for profit. The public and charitable purposes for which this corporation is organized are to lessen the burdens of government and to promote the implementation of the Parks Master Plan of 1998 of the City of Diamond Bar and support the cultural, recreational and human service needs of the City of Diamond Bar. FENN This corporation is not organized, nor shall it be operated, for pecuniary gain or profit, and does not contemplate the distribution of gains, profits or dividends to its members or to any private shareholder or individual. The property, assets, profits and net income of this corporation are irrevocably dedicated to the public and charitable purposes set forth in Article III, and no part of the profits or net income of this corporation shall ever inure to the benefit of any private shareholder or individual except that this provision shall not be construed so as to prevent the payment of directors, officers or employees of reasonable compensation for services actually rendered to this corporation. V No substantial part of the activities of this corporation shall consist of the carrying on of propaganda or otherwise attempting to influence legislation, nor shall this corporation participate or intervene in any political campaign (including publishing or distribution of statements) on behalf of any candidate for public office. Notwithstanding any other provision of these articles, the corporation shall not carry on any other activities not permitted to be carried on (a) by a corporation exempt from Federal income tax under section 501(c)(3) of the Internal Revenue Code of 1954 ( or the corresponding provision of any future United States Internal Revenue law) or (b) by a corporation, contributions to DA?4 fi which are deductible under section 170 (c)(2) of the Internal Revenue Code of 1954 (or the corresponding provision of any future United States Internal Revenue law). VI The name of the initial agent of this corporation for service of process is: M The number of directors, the manner in which they shall be chosen and removed from office, their qualifications, powers, duties, compensation and tenure of office, the manner of filling vacancies on the Board, and the manner of calling and holding meetings of directors, shall be as stated in the Bylaws. (1) This corporation shall have no members other than the persons constituting its Board of Directors. The persons constituting its Board of Directors shall, for the purpose of any statutory provision or rule of law relating to nonprofit corporations otherwise, be taken to be the members of such corporation and exercise all the rights and powers of members thereof. (2) The Board of Directors shall have the power: (b) to modify any restriction or condition on the distribution of funds for any specified charitable purposes or to specified organizations, if in their sole judgment (without the approval of any trustee, custodian or agent), such restriction or condition becomes unnecessary, incapable of fulfillment or inconsistent with the charitable needs of the City of Diamond Bar: (c) to replace any participating trustee, custodian or agent for breach of fiduciary duty under the laws of the State of California; and (d) to replace any participating trustee, custodian or agent for failure to produce'a reasonable (as determined by the Board of Directors) return of net income (or appreciation when not inconsistent with this communities trust's need for current income) with due regard to safety of principal, over a reasonable period of time (as determined by the Board of Directors). (3) In determining whether there is a reasonable return of net income with respect to the exercise of the power described in subparagraph (c) of paragraph (2) of this article, (a) there shall be excluded from such determination such assets as are held for the active conduct of this community trust's exempt activities, and (b) such determination shall be made separately with respect to the restricted fund and shall be made in the aggregate with respect to the unrestricted funds of this community trust. 'DA?4 A "restricted fund" means a fund, of any income of which has been designated by 4pr the donor of the gift or bequest to which such income is attributable as being available only for the use or benefit of a names charitable organization or agency or for the use or benefit of a particular class of charitable organizations or agencies, the members of which are readily ascertainable and are less than five (5) in number. (4) If it appears that there may be grounds for exercising the power described in subparagraphs (b) or (c) of paragraph (2) of this Article with respect to any fund, the Board of Directors shall notify the participating trustee, custodian or agent involved and provide a reasonable opportunity for explanation and/or correction. Before exercising the power granted to the Board of Directors under subparagraphs (b) or (c) of paragraph (2) of this Article, the Board of Directors may seek advice of legal counsel as to whether a breach or failure has been committed under the laws of the State of California. The Board of Directors shall exercise a power described in this Article only upon the vote of a majority of the members of the Board of Directors. (5) Upon the exercise of the power under subparagraphs (b) or (c) or paragraph (2) of this Article to replace any participating trustee, custodian, or agent, the Board of Directors shall have the power to select a successor trustee, custodian or agent to whose custody the fund or funds held by the former trustee, custodian or agent shall be transferred. I� The directors shall not be personally liable for the debts, liabilities or obligations of this corporation. X Each member of the Board of Directors shall have one vote. There shall be no proxy voting permitted for the transaction of any of the business of this corporation. XI Upon dissolution of this corporation, net assets other than trust funds shall be distributed to one or more nonprofit corporations organized and operated for the benefit of the City of Diamond Bar, such corporation or corporations to be selected by the City Council. Such nonprofit corporation or corporations must be qualified for federal income tax exemption under Section 501 (c)(3) of the United States Internal Revenue Code of 1954, and be organized and operated exclusively for charitable, scientific, literary or educational purposes, or for a combination of said purposes. In the alternative, upon dissolution of the corporation, net assets, other than trust funds, shall be distributed to the City of Diamond Bar. In no event shall any assets be distributed to any member, director or officer of this corporation. 0 Xn q� The Articles of Incorporation of this corporation shall not be amended without the vote of a majority of the total voting membership of the Board of Directors. IN WITNESS WHEREOF, for the purpose of forming this nonprofit corporation under the laws of the State of California, I, the undersigned, constitution the incorporator of this corporation, have executed these Articles of Incorporation this day of 1998. incorporator AUGUST 27, 1998 PAGE 3 PARKS & RECREATION COMMISSION CSS/Bo an stated th e City is seeki a person tXand ommu ' y Servi s Lea position wh' requires one ar of experien leas high ool d' oma. OLD BUSINESS: 4. 501(c)(3) Non -Profit Foundation. CSD/Rose reported that the Ad Hoc Committee met on August 18 to discuss the concept and -development of a 501(c)(3). The purpose of this foundation will be to fund the implementation of the adopted Parks Master Plan. The Ad Hoc Committee developed draft bylaws and articles of incorporation for the proposed foundation. Chair/Finnerty pointed out that the Internal Revenue Service has strict guidelines which must be followed in setting up the foundation and its documentation. CSD/Rose explained the draft Bylaws and Articles of Incorporation. VC/Nolan suggested the Commission consider a foundation name with "sizzle" that more accurately addresses its goals and identifies its purpose. Chair/Finnerty recommended that Article II, Section 1 be modified to incorporate language from the internal Revenue Service Code to wit: "The purpose of the Foundation is to establish a permanent endowment fund to lessen the burden of government by assisting the government of the City of Diamond Bar in the acquisition and development (including maintenance and operation of said facilities) following the direction of, but not limited to, the Parks Master Plan of 1998 and amendments to the Parks Master Plan in the future." Chair/Finnerty stated she believes that an odd number of board members is Preferable and recommended that 11 serve with one member being a representative of the Diamond Bar Chamber of Commerce. Section 5., Article V is corrected to Section f2 and is corrected to read as follows: "Terms of office for the members of the first board appointed shall be concurrent with Council terms of office for Council appointees. The four at -large appointees shall serve two (2) year terms and two (1) year terms. These terms shall be determined by random draw." C/Anis pointed out that Article V - Board of Directors Section numbers should be AUGUST 27, 1998 PAGE 4 PARKS & RECREATION COMMISSION corrected beginning with Section 6 to correctly indicate Section 1 through Section 9. Responding to VC/Nolan, Chair/Finnerty indicated a sentence should be added to the new Section 4 of Article V to read: "At -large members will be drawn from the Chamber of Commerce (1), senior groups (1), youth organizations (1), service organizations (1) and shall be residents of the City of Diamond Bar. Article V, Section 1 shall read: "The total number constituting the Board of Directors shall be eleven 01). Section 2, Article V is corrected to read: "One (1) member of the Board of. Directors shall be a member of the City Council at the appointment of the mayor for a one year term. Chair/Finnerty encouraged each Commissioner to discuss the 501(c)(3) foundation with their respective Council Members prior to the joint October 6 meeting. Chair/Finnerty read from an article sent to her by Planning Commissioner Steve Tye which discussed the fact that Washington Mutual, a local business, uses 2% of its pre4ax profits for community programs and allows its employees to take four paid hours every month to work for community organizations. She said she believes the City needs to make an effort to tap into other such community resources which the 501(c)(3) foundation will allow. C/Anis pointed out the following typos: Article IV, Section 3. delete "contributions" or "code" (next to the last word and/or the last word in the paragraph). Chair/Finnerty will research this matter to determine the proper correction. Delete "be" after ...to consider those matters that may lawfully be ... in the fourth line of Section 1, Article III. C/Holder pointed out that "not" should be changed to "nor" in the second line of Article V of the Articles of Incorporation, Page 1 so that the line reads: "...propaganda or otherwise attempting to influence legislation, nor shall this corporation..." The document will be proofread for other possible typos and/or corrections. A cleaned up draft will be presented by staff at the September 24 Commission meeting. SEPTEMBER 24, 1998 PAGE 4 PARKS & RECREATION COMMISSION su ed a speci event "Spring can Up Day" Sycamore C . on Par wh eby people ould get some h rs of communi service time. C S/Bowman ompleted the r eation update r ort. OLD BUSINESS: 3. 501(c)(3) Non -Profit Foundation. CSD/Rose reported that the Commission reviewed the draft Bylaws and Articles of Incorporation at its August 27, 1998 meeting. Revisions discussed on August 27 have been made and incorporated within the draft documents. Staff recommends that the Commission review the updated draft Bylaws and Articles of Incorporation and provide input on these documents. Staff further recommends that the Parks and Recreation Commission recommend to the City Council that a 501(c)(3) non-profit foundation be established as outlined in the draft documents. C/Anis motioned that the Commission recommend to the City Council that a 501(c)(3) non-profit foundation be established, seconded VC/Nolan. 4. Proppged Agenda for th¢'October 6, 1996 Joint Meeting(with the Zose stated that a Parks and Re0ation Commis ' n will meet ith the ity cil on Tuesday, October 6 to uss matters o interest to I Commi ion. Staff recor NE BUSINESS: 5. Civic Center/Com m members of t begin in mi 1999. Ods that the ParJ(s and Recreation CommissiQ(n finalize top for discussion. / :that y Center Task F rce. Mayor of Herrera has es ter Task ce which I include Parks and Recx tion Commis on. The ry�� )ber and conc de with a re t to the Cit'v lished Civic o rep sentativ ngs a slated o m ' by )une 0, Staff rotommends that thVParks and Reo(eation Commission diairman a(ooint CITY OF DIAMOND BAR CITY COUNCIL STUDY SESSION JOINT MEETING WITH THE PARKS & RECREATION COMMISSION OCTOBER 6, 1998 CITY COUNCIL CALL TO ORDER: Mayor Herrera called the meeting to order at 4:20 p.m. in the South Coast Air Quality Management District Room CC -8, 21865 E. Copley Drive, Diamond Bar, California. 2. ROLL CALL: , Council Members Ansari, . Huff, O'Connor, Mayor Pro Tem Chang and Mayor Herrera. PARKS & RECREATION COMMISSION CALL TO ORDER: Chair Finnerty called the meeting to order at 4:20 p.m. in the South Coast Air Quality Management District Room CC -8, 21865 E. Copley Drive, Diamond Bar, California. ROLL CALL: Commissioners Anis, Pruitt, Holder, Vice Chairman Nolan and Chairman Finnerty. Also present were: Terrence L. Belanger, City Manager; Michael Jenkins, City Attorney; James DeStefano, Deputy City Manager; David Liu, Deputy Public Works Director; Bob Rose, Community Services Director; Mike Nelson, Communications & Marketing Director; Linda Magnuson, Assistant Finance Director; Lynda Burgess, City Clerk; Kellee Fritzal, Assistant to the City Manager and Anne Haraksin, Administrative Assistant. A. IMPLEMENTATION OF PARKS MASTER PLAN. Chair/Finnerty explained that the Commission had prepared 501(c)(3) Non - Profit Foundation By -Laws and Articles of Incorporation to assist with the implementation of the Parks Master Plan. In response to C/Huff, Chair/Finnerty explained that, with respect to Article 11, Section I of the By -Laws, the community would be responsible for on- going maintenance fees. In response to C/Huff, CA/Jenkins stated that the Foundation may elect to be subject to the Brown Act. If the Foundation is completely independent and non-profit, members need not submit financial disclosures. The By - Laws should clearly state the Foundation's intent for clarification. In response to C/Huff, CM/Belanger explained that under the Brown Act (Article III - Meetings), the presiding officer of the Board of Directors has the authority to call special meetings. In response to M/Herrera, Chair/Finnerty explained that the terms of office vary only for the initial year. Council Member appointees may serve two OCTOBER 6, 1998 PAGE 2 COUNCIUP & R COMM. STUDY consecutive two year terms under Section V, Article V. In response to C/Pruitt regarding Article 6, Section 2, CM/Belanger explained that the Mayor's appointment would be for only one year because the Mayor is only elected for one year. In response to C/O'Connor, Chair/Finnerty reported that one member of the City Council, designated by the Mayor, would serve on the Foundation for one year. C/Pruitt stated that Article 5, Section 3 needs to state how many consecutive berms the Parks & Recreation Commission representative may serve. M/Herrera suggested that Board representation be increased to 15 members. C/Pruitt stated that Article 6, Section 4 should include a "rotation by random draw" for the organization participation selection, and that Article 6, Section 7 should be revised to require 6 votes, not 6, to remove a director. VC/Nolan believed that 11 members is the right number. He expressed concern about whether people will want to participate in the Foundation and felt it important for the Foundation to have a proper kick-off. C/O'Connor pointed out that the wording of Article XI, Section 2 and Article XII, Section 1 are identical. She asked what the committee recommends for the name of the Foundation (Article VI of Articles of Incorporation). Chair/Finnerty explained that an agent has not yet been appointed but that she felt the City Manager is the most reasonable designee. CM/Belanger stated that the agent of the corporation would most appropriately be appointed upon advice of Counsel. Chair/Finnerty believed it would be irresponsible for the Commission to propose methods for implementation of the Parks Master Plan. The City has spent a considerable amount of money preparing the document. VC/Nolan believed it would be difficult to get people excited about a 501(c)(3) non-profit foundation. Recent negotiations with SunCal will go a long way toward implementing the City's number one priority. CM/Belanger pointed out that the SunCal project is one of the last of its kind in the City. The 501(c)(3) non-profit foundation would provide an opportunity OCTOBER 6, 1998 PAGE 3 COUNCIUP & R COMM. STUDY to approach companies who have resources that they might wish to invest. Chair/Finnerty pointed out that, with the acquisition of funds from the SunCal project and the recent sale of property, the City is able to show the community that it has made significant progress toward implementing the proposed projects. She commended Council and the City Manager for their efforts. Regarding grant writing, M/Herrera suggested that the City might advertise for a part time grant writer. CM/Belanger recommended that staff research the concept of foundations and grant writing to determine the feasibility of the City's involvement and make its recommendation to Council and the Commission. B. JOI T UJAGEMENTS Wl SCHOOL ISTRICTS Herrerat, on Sept ber 15, 1 8, Council proved contra greemeC. Grow ark. The S ool Board I consid appro al at its nexCoun *and the Di ict agreed o this ma r durin its recent joig. CSD/ ose stated th/neyd pe o the lightin at Lorbe Middle chool, a sultant had b the City to c plate t electrics system d ign. Staff an thwill meet n PUSD to stablish n active hting maste Ianfunding is fo ighting of a footba field. In respons to Chai, CM/Bel ger state that the li ting will e phased i . Phase e love field and P ase II will onsist o thehard c rt area andr feel area. PUS is in agr ment wi the . propo ed plan. Co ncil and the ommission d/-scussed joi use arid the WVUSJb and PUSD. C. STATUS OF LARKSTOW PARK MI erre stated (3touncil conclu ed that an retive Pott,i use than buia 3.9 1 ass of evalu e area trbute to the ie anti cres. In response to Chair/Finnerty, ADA accessible. the and a WVUSD oard t in J y and park oward the nyon b ttom wo Id I �r level park. he Sc of Boar is i land and h much f the la thepated the ntributi n of land 'll ex I/Belangerkxplained that the facility will/be DIAMOND BAR REDEVELOPMENT AGENCY INTEROFFICE MEMORANDUM TO: Chairman Ansari and Board of Directors FROM, Linda G. Magnuson; Asst. Finance Director SUBJECT: Voucher Register, January 5, 1999 DATE: December 30, 1998 Attached is the Voucher Register dated January 5, 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 5, 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 27,186.96 27,186.96 REPORT FOR AL.L. FUNDS APPROVEID BY: A�.6*V�4� Linda G. Ka6buson Assistant Finance Director 4er�r_enc, L. B31elan-g--eir-r— Executive Director .00 27,186.96 27,186.96 Eileen R. Ansari Chairman Robert S. Huff Vice Chairman REPORT TOTAL PREPAIDS .00 REPORT TOTAL VOUCHERS 27,186.96 REPORT TOTAL 27,186.96 DIAMOND BAR REDEVELOPMENT AGENCY RUN DATE: 12/30/1998 19:27:29 VOUCHER REGISTER PAGE: 1 DUE THRU. 01/05/1999 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK CALIFORNIA REDEVELOPMENT ASSOC 6107110-42315-- MEMBERSHIP RENEWAL -99 375.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 375,00 TOTAL DUE VENDOR 375.00 CONRAD & ASSOCIATES 6107110-44010-- 7872 985433 DBRDA AUDIT -FY 98 300.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 300.00 TOTAL DUE VENDOR 300.00 DEWAN LUNDIN & ASSOCIATES 6107110-46411-R0298-46411 015-4 STR IMPRVMT DESIGN SVCS 22,957.50 TOTAL PREPAIDS .00 TOTAL VOUCHERS 22,957.50 TOTAL DUE VENDOR 22,957.50 NORRIS REPKE INC 6107110-46411-RO198-46411 9703-7 BR CYN/GLDSPR DESIGN SVCS 2,417.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 2,417.00 TOTAL DUE VENDOR 2,417.00 RICHARDS WATSON & GERSHON 6107110-44020'- 7867-01809 RDA LEGAL SVCS-NOV 37.46 TOTAL PREPAIDS .00 TOTAL VOUCHERS 37,46 TOTAL DUE VENDOR 37,46 URBAN DESIGN STUDIOS 6107110-44000-- 87361 PROF SVCS-JU0 1,100.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,100.00 TOTAL DUE VENDOR 1,100.00 REPORT TOTAL PREPAIDS .00 REPORT TOTAL VOUCHERS 27,186.96 REPORT TOTAL 27,186.96 DIAMOND BAR REDEVELOPMENT AGENCY AGENDA REPORT AGENDA NO. L TO: Terrence L. Belanger, Executive Director MEETING DATE: January 5, 1999 REPORT DATE: December 28, 1998 FROM: Linda G. Magnusor, Assistant Finance Director TITLE: Treasurer's Report • November 30, 1998 SUMMARY: Submitted for the Redevelopment Agency Board's review and approval is the Treasurer's Statement for the month of November, 1998. RECOMMENDATION: Review and approve. LIST OF ATTACHMENTS EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: X Staff Report _ Public Hearing Notification Resolution(s) _ Bid Specification (on file in City Clerk's office) _ Ordinance(s) _ Other Agreement(s) 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? N/A 4. Has the report been reviewed by a Commission? N/A Which Commission? 5. Are other departments affected by the report? N/A Report discussed with the following affected departments: REVI WED BY: Terrence L. Belanger Executive Director Linda G. Magnuso Assistant Finance Director Yes No —Yes _ No Yes —No Yes No Yes No DEPARTMENT HEAD: DIAMOND BAR REDEVELOPMENT AGENCY REPORT AGENDA NO. MEETING DATE: January 5, 1999 TO: Chairman and Members of the Board FROM: Terrence L. Belanger, Executive Director SUBJECT: Treasurer's Statement - November 30, 1998 ISSUE STATEMENT: Per City policy, the Finance Department presents the monthly Treasurer's Statement for the Redevelopment Agency Board's review and approval. RECOMMENDATION: Approve the November, 1998 Treasurer's Statement. FINANCIAL SUMMARY: No fiscal impact. BACKGROUND: Submitted for the Board's review and approval is the Treasurer's Statement for the month of November, 1998. This statement shows the cash balances for the Redevelopment Agency, with a breakdown of bank account balances, investment account balances and the effective yield earned from investments. PREPARED BY: Linda G. Magnuson DIAMOND BAR REDEVELOPMENT AGENCY TREASURER'S MONTHLY CASH STATEMENT REDEVELOPMENT AGENCY FD TOTALS DEMAND DEPOSITS: INVESTMENTS: November 30, 1998 $0.00 $1,971,956.32 $988,915.82 $983,040.50 $0.00 $1,971,956.32 $988,915.82 $0.00 $983,040.50 GENERALACCOUNT an nn TOTAL DEMAND DEPOSITS $0.00 TIME CERTIFICATES 983,040.50 LOCAL AGENCY INVESTMENT FD 0.00 TOTAL INVESTMENTS $983,040.50 TOTAL CASH $983,040.50 Note: The Redevelopment Agency approved a development and disposition agreement with 'Triple T Diamond Gateway, LLC' This agreement requires the Agency to invest $983,040.50 in a Time Certificate of Deposit. The agreement provides that the developer guarantee the current LAW investment yield. L.A.I. F - Effective Yield for October 1998 5.557% Certificate of Deposit Yield (11116/98 - 5116/99) 4.500% Terrence L. Belanger, Treasurer