HomeMy WebLinkAbout11/2/1999Co Agitend.4
Tuesday, November 2, 1999
5:15 p.m. — Closed Session CC -8
6:30 p.m. — Regular Meeting
South Coast Air Quality Management District
Main Auditorium
21865 East Copley Drive
Diamond Bar, CA 91765
Mayor Wen Chang
Mayor Pro Tem Debby O'Connor
Council Member Eileen Ansari
Council Member Carol Herrera
Council Member Bob Huff
City Manager Terrence L. Belanger
City Attorney Michael Jenkins
City Clerk Lynda Burgess
Copies of staff reports or other written documentation relating to agenda items are on file
m the Office of the City Clerk, and are available for public inspection. If you have questions regarding
an agenda item, please contact the City Clerk at (909) 860-2489 during regular business hours.
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the City of Diamond Bar requires that any person in need of any type of special equipment, assistance
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DIAMOND BAR CITY COUNCIL RULES
(ALSO APPLIES TO COMMISSION AND COMMITTEE MEETINGS)
PUBLIC INPUT
The meetings of the Diamond Bar City Council are open to the public. A member of the public may address the Council on the subject of one or more
agenda items and/or other items of interest which are within the subject matter jurisdiction of the Diamond Bar City Council. A request to address the
Council should be submitted in person to the City Clerk.
As a general rule the opportunity for public comments will take place at the discretion of the Chair. However, in order to facilitate the meeting,
persons who are interested parties for an item may be requested to give their presentation at the time the item is called on the calendar. The Chair may
limit the public input on any item or the total amount of time allocated for public testimony based on the number of people requesting to speak and the
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In accordance with Government Code Section 54954.3(a) the Chair may from time to time dispense with public comment on items previously
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The Chair shall order removed from the Council Chambers any person who commits the following acts in respect to a regular or special meeting of the
Diamond Bar City Council.
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INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COUNCIL
Agendas for the regular Diamond Bar City Council meetings are prepared by the City Clerk and are available 72 hours prior to the meeting.
Agendas are available electronically and may be accessed by a personal computer through a phone modem.
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NOTE: ACTION MAY BE TAKEN ON ANY ITEM IDENTIFIED ON THE AGENDA.
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12.
Next Resolution No. 99-79
Next Ordinance No. 14(1999)
1. CLOSED SESSION:
5:15 p.m., CC -8
a}
Conference
with Legal Counsel - Existing Litigation,
Government
Code Section 54954.5: City of Diamond Bar vs.
State of California
b)
Conference
with Legal Counsel - Existing Litigation
(Government
Code Section 54956.9(a) - Barbara Beach-
Courschene,
et al vs Diamond Bar Redevelopment Agency,
Case No. BC
175655.
c)
Conference
with Legal Counsel - Existing Litigation,
Government
Code Section 54954.5: S. Warren -Jackson vs.
City of Diamond
Bar, EEOC Case No. 340991840.
2. CALL
TO ORDER:
6:30 p.m., November 2, 1999
PLEDGE OF ALLEGIANCE: National Anthem will be sung by
"OUTASIGHT", (Eli Del Rio, Otis Albert and Robert Smith)
INVOCATION: Dr. Ted Martinez, Evangelical Free
Church of Walnut
ROLL CALL: Council Members Ansari, Herrera,
Huff, Mayor Pro Tem O'Connor, Mayor Chang
APPROVAL OF AGENDA: Mayor
3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
3.1 Presentation of Certificate of Recognition to Steven
Acciani, L.A. County Teacher of the Year 2000
3.2 Presentations - Employee Recognition
RECESS:
RECONVENE:
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
NOVEMBER 2, 1999 PAGE 2
complete a Speaker's Card and give it to the City Clerk
completion of this form is voluntary). There is a five minute
maximum time limit when addressing the City Council.
5. SCHEDULE OF FUTURE EVENTS:
5.1 PLANNING COMMISSION - November 9, 1999 - 7:00 p.m., AQMD
Auditorium, 21865 E. Copley Dr.
5.2 VETERAN'S DAY HOLIDAY - November 11, 1999 - City Offices
will be closed Thursday, November 11, 1999 in observance
of Veteran's Day. City offices will reopen Friday,
November 12, 1999.
5.2 CITY COUNCIL MEETING - November 16, 1999 - 6:30 p.m. AQMD
Auditorium, 21865 E. Copley Dr. To be adjourned to
November 23, 1999
5.3 TRAFFIC & TRANSPORTATION COMMISSION - November 18, 1999
- 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr.
5.4 PARKS & RECREATION COMMISSION - November 18, 1999 - 7:00
p.m., AQMD Board Hearing Room, 21865 E. Copley Dr.
6. CONSENT CALENDAR:
6.1 APPROVAL OF MINUTES - Regular Meeting of October 19, 1999
- Approve as submitted.
Requested by: City Clerk
6.2 PLANNING COMMISSION MINUTES - Regular Meeting of
September 28, 1999 - Receive & file.
Requested by: Planning Division
6.3 TRAFFIC & TRANSPORTATION COMMISSION MINUTES - Regular
Meeting of September 9, 1999 - Receive & file.
Requested by: Engineering Division
6.4 VOUCHER REGISTER - Approve Voucher Register dated
November 2, 1999 in the amount of $789,238.21.
Requested by: Finance Division
6.5 TREASURER'S REPORT - Submitted for City Council review
and approval is the Treasurer's Statement for September,
1999.
Requested by: Finance Division
NOVEMBER 2, 1999 PAGE 3
6.6 COMMUNICATIONS SITE LEASE FOR THE EASTGATE RESERVOIR SITE
- On November 7, 1989, the City entered into a ten-year
Communications Site Lease with the Walnut Valley Water
District for certain land commonly known as the Eastgate
Reservoir. The City leased a certain portion of said
land to establish a communications site. The Lease
terminates November 30; therefor, in order to continue to
lease the property for another ten years, the City must
sign the necessary documents to execute a new
communications site lease.
Recommended Action: It is recommended that the City
Council authorize the execution of a new ten-year
Communications Site Lease with the Walnut Valley Water
District.
Requested by: City Manager
6.7 APPROVAL OF PURCHASE ORDER FOR HOLIDAY BANNERS - On
October 19, 1999, Council authorized the installation of
148 holiday banners throughout the City. Total cost for
this program will not exceed $33,900. Per the Purchasing
Ordinance, purchases in excess of $15,000 require City
Council approval. Dekra-Lite has submitted the best
price along with meeting the deadline for installation.
Banners will be installed on December 1 through December
4.
Recommended Action: It is recommended that the City
Council authorize the purchase of up to 148 holiday
vertical banners from Dekra-Lite in an amount not to
exceed $33,900.
Requested by: Community Services Division
6.8 SECOND READING ORDINANCE NO. 13(1999): AN ORDINANCE OF
THE CITY OF DIAMOND BAR ESTABLISHING ADMINISTRATIVE
PROCEDURES AND PENALTIES FOR CERTAIN VIOLATIONS OF THE
DIAMOND BAR MUNICIPAL CODE AND AMENDING THE DIAMOND BAR
MUNICIPAL CODE - On October 19, 1999, Council reviewed
the Code Enforcement Policy and approved first reading of
Ordinance No. 13(1999) adopting administrative procedures
and penalties for violations of the Municipal Code. In
addition, Council adopted Resolution No. 99-77
establishing fines and penalties for violations of the
Municipal Code. The use of proactive code enforcement
policies and civil citation procedures is designed to
improve the timeliness and effectiveness of the code
compliance program.
Recommended Action: It is recommended that the City
Council approve second reading by title only and adopt
NOVEMBER 2, 1999 PAGE 4
Ordinance No. 13(1999) establishing administrative
procedures and penalties for certain violations of the
D.B. Municipal Code and amending the D.B. Municipal Code.
Requested by: Code Enforcement Sub -Committee
6.9 CONTRACT AMENDMENT WITH KLEINFELDER, INC. FOR
CONSTRUCTION SERVICES FOR THE MINNEQUA REMEDIATION
PROJECT - On November 3, 1998, the City entered into an
agreement with Kleinfelder, Inc. for geotechnical
investigation and engineering services for the Minnequa
Landslide. Kleinfelder provided a geological
investigation and plans for the remediation of the
Minnequa Landslide. On October 19, 1999, Council awarded
a contract for the Remediation Project to Summit
Contracting. The City has requested Kleinfelder to
provide field -grading observation, laboratory testing and
project management. Kleinfelder has been involved with
the project since the initial slide in February 1998.
Recommended Action: It is recommended that the City
Council approve a contract amendment with Kleinfelder,
Inc. for the grading observation, laboratory testing and
project management in an amount not to exceed $25,674.
Requested by: City Manager
7. PUBLIC HEARINGS: 7:00 p.m., or as soon thereafter as
matters may be heard.
7.1 RESOLUTION NO. 89-97N: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR AMENDING THE CITY'S CONFLICT
OF INTEREST CODE FOR DESIGNATED CITY PERSONNEL - All
cities are required to adopt conflict of interest codes
designatinq certain positions participating in making
decisions which may affect financial interests. Since
adoption of the City's Code on October 3, 1989, amend-
ments have been necessary to add new positions or delete
obsolete positions.
Recommended Action: It is recommended that the City
Council open the Public Hearing, take testimony, close
the Public Hearing and adopt Resolution on No. 89-97N
adding the positions of Community Services Assistant,
Public Works Supervisor, Recreation Superintendent,
Senior Accountant and Senior Administrative Assistant and
deleting the positions of Accounting Manager,
Administrative Analyst, Assistant City Manager and
Transportation Planner.
Requested by: City Clerk
NOVEMBER 2, 1999
8. OLD BUSINESS:
PAGE 5
8.1 STATUS OF LANTERMAN DEVELOPMENT CENTER'S PROPOSED
FORENSIC CONFINEMENT COMPOUND PROJECT.
Requested by: City Council
8.2 RESOLUTION NO. 99-02A: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR APPROVING THE CITY'S COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM FOR FISCAL YEAR 1999-2000
- Continued from October 19, 1999. In January, 1999,
Council approved the 99-2000 funding allocations for the
Community Development Block Grant (CDBG) Program. In
January, the City was limited to allocate a maximum of
150 ($S5,929) to public service projects. Due to the
limitation, the City could not fund a majority of the
public service requests. In August 1999, the City was
informed of the authorization to allocate up to 250 of
the total allocation for public service projects, an
additional $37,286 for a total public service authority
of $93,215. The City has unallocated CDBG funds that can
be used for public service projects. All projects that
requested CDBG funds that can be used for public service
projects. All projects that requested CDBG monies are
not being funded. The Finance Sub -committee reviewed the
additional funding recommendations.
Recommended Action: It is requested that the City Council
adopt Resolution No. 99-02A amending the City's Community
Development Block Grant Program for FY 99-2000 and
authorize the City Manager to sign all necessary
documents.
Requested by: City Manager
9. NEW BUSINESS: None
RECESS TO REDEVELOPMENT AGENCY
Next Resolution No. RA99-09
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
NOVEMBER 2, 1999 PAGE 6
agenda. Although the Redevelopment Agency values your
comments, pursuant to the Brown Act, the Agency generally
cannot take any action on items not listed on the posted
agenda. Please complete a Speaker's Card and give it to the
Agency Secretary (completion of this form is voluntary).
There is a five minute maximum time limit when addressing the
Redevelopment Agency.
3. CONSENT CALENDAR:
3.1 APPROVAL OF MINUTES - Regular Meeting of October 18, 1999
- Approve as submitted.
Requested by: Agency Secretary
3.2 VOUCHER REGISTER - Approve Voucher Register dated
November 2, 1999 in the amount of $22,527.85.
Requested by: Finance Division
3.3 TREASURER'S REPORT - Submitted for Redevelopment Agency's
review and approval is the Treasurer's Statement for
September, 1999.
Requested by: Finance Division
3.4 DBRDA REAL ESTATE IMPLEMENTATION SERVICES - RSG, INC. -
The Development and Disposition Agreements (DDAs) entered
into by the D.B. Redevelopment Agency and Triple T
Diamond Gate LLC (Travelers) and Diamond Bar Partners,
LLC (Allstate) require ongoing implementation services
related to the terms and conditions of the DDAs.
Further, both DDAs will require review of actual project
costs incurred by the developers prior to the Agency's
final assistance disbursement. Rosenow Spevacek Group
(RSG) provided real estate and economic consulting
services at the time the DDAs were considered and
approved. RSG is the firm that is best qualified to
provide on-going implementation services related to the
DDAs.
Recommended Action: It is recommended that the Board of
Directors approve a contract in an amount not to exceed
$20,000 with Rosenow Spevacek Group, Inc., for real
estate implementation consultant services.
Requested by: Executive Director
4. PUBLIC HEARINGS: None
S. OLD BUSINESS: None
NOVEMBER 2, 1999 PAGE 7
6. NEW BUSINESS: None
7. AGENCY MEMBER COMMENTS: Items raised by individual Agency
Members are for Agency discussion. Direction may be given at
this meeting or the item may be scheduled for action at a
future meeting.
RECONVENE CITY COUNCIL MEETING:
10. COUNCIL SUB -COMMITTEE REPORTS:
11. COUNCIL MEMBER COMMENTS: Items raised by individual Council
Members are for Council discussion. Direction may be given at
this meeting or the item may be scheduled for action at a
future meeting.
12. ADJOURNMENT: In memory of Rose Becker, Judith Morris and
Glenn Thomas.
TO:
FROM:
ADDRESS:
ORGANIZATION:
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
AGENDA #/SUBJECT:
CITY CLERK
DATE: /1/D 2- C? F
PHONE:
I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my
name and address as written above.
/ Signature
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TO:
FROM:
ADDRESS:
ORGANIZATION:
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
AGENDA #/SUBJECT:
CITY CLERK
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11 -a -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
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ORGANIZATION
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
AGENDA #/SUBJECT:
CIN CLERK
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I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my
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VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
TO: CITY CLERK
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F-1&71. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
TO: CITY CLERK
FROM: 1 U 1`1 �� �(%� DATE` /V
ADDRESS: j L C) C) h 5 %i— r o 9r
ORGANIZATION: / "z U�� r� L(1 % i'WCA
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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
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MINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
OCTOBER 19, 1999
CLOSED SESSION: None
2. CALL TO ORDER: Mayor Pro Tem O'Connor called the City Council
meeting to order at 6:17 p.m. in the Auditorium of the South Coast Air Quality
Management District, 21865 E. Copley Drive, Diamond Bar, California.
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; Linda Magnuson, Finance
Director; Mike Nelson, Communications & Marketing Director and Lynda Burgess,
City Clerk.
PLEDGE OF ALLEGIANCE:
INVOCATION:
Grigsby, Calvary Chapel.
APPROVAL OF AGENDA:
The Pledge of Allegiance was led by C/Ansari.
The Invocation was given by Pastor Larry
As presented.
3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
3.1 Proclaimed October, 1999 as "Crime Prevention Month."
3.2 Proclaimed October 24-30,1999 as "Red Ribbon Week."
3.3 Proclaimed October 28, 1999 as "Immigration Day."
4. PUBLIC COMMENTS: Jerry Hamilton said he was told by the California
Highway Patrol that they expect many problems during the long weekend of
December 31, 1999 through January 2, 1999. One of the main problems will be
drinking and driving. He charged the city and Sheriffs Department to go on the
offensive rather than the defensive and put a sobriety checkpoint at northbound
D.B. Blvd. north of Pathfinder Rd.
Red Calkins expressed concern about fireworks being used by the City during the
Millennium Celebration because the surrounding areas are much too dry. He
indicated that he spoke to a lawyer about the City's ordinance prohibiting fireworks.
Martha Bruske suggested that immigrants become involved in their community as
quickly as they can because government requires the participation of its citizens.
OCTOBER 19, 1999 PAGE 2 CITY COUNCIL
Nancy Wright, Director of Fiscal Services, Mt. San Antonio College, spoke in
support of Measure M.
Tom Ortiz thanked the League of Women Voters and the Chamber of Commerce
for conducting the Candidates' Forum on October 18. He supported the passage
of Measure M.
Paul Vessov again informed the Council that there is one nut missing on the base
of the traffic signal at the corner of the double driveway entrance on D, B. Blvd. to
the Country Hills Towne Center.
MPT/O'Connor stated that, in response to Mr. Hamilton's concern, three safety
checkpoints have been conducted in the past year and a half: North D.B. Blvd. by
Sunset Crossing, south D.B. Blvd. between Brea Canyon Rd. and Cold Springs Ln.,
and Grand Ave. between Montefino Ave. and D.B. Blvd. last New Year's Eve. The
issue regarding fireworks at the Millennium celebration will be addressed during
discussion of Agenda Item 8.1.
5. SCHEDULE OF FUTURE EVENTS:
5.1 1-10 FREEWAY TWO LANE CLOSURE - October 22-25, 1999 - Two
eastbound lanes will be closed from 8:00 p.m. October 22 to 5:00 a.m.
October 25.
5.2 D. B. Chamber of Commerce Business Expo and Job Fair - October 23, 1999
- 9:00 a.m. to 3:00 p.m., K -Mart Shopping Center parking lot.
5.3 LANTERMAN FORENSIC CONFINEMENT COMPOUND ADVISORY
COMMITTEE - October 25, 1999 - 7:00 p.m., SCAQMD Room CC -2, 21865
E. Copley Dr.
5.4 PLANNING COMMISSION - October 26, 1999 - 7:00 p.m., SCAQMD
Auditorium, 21865 E. Copley Dr.
5.5 SMALL BUSINESS SEMINAR - "Budgeting Inventory and Loans - 7:00 p.m.
- 9:00 p.m., SCAQMD Room CC -6, 21865 E. Copley Dr.
5.6 PARKS & RECREATION COMMISSION - October 28, 1999 - 7:00 p.m.,
SCAQMD Hearing Board Room, 21865 E. Copley Dr.
5.7 HALLOWEEN FESTIVAL - Heritage Park Community Center - October 31,
1999 - 3:00 p.m. to 10:00 p.m., 2900 S. Brea Canyon Rd.
5.8 ELECTION DAY - November 2, 1999 - Polls open from 7:00 a.m. to 8:00 p.m.
OCTOBER 19, 1999 PAGE 3 CITY COUNCIL
0
7
5.9 CITY COUNCIL MEETING - November 2, 1999 - 6:30 p.m., SCAQMD
Auditorium, 21865 E. Copley Dr.
CONSENT CALENDAR: C/Huff moved, C/Herrera seconded, to approve the
Consent Calendar as presented. Motion carried by the following Roll vote:
AYES: COUNCIL MEMBERS - Ansari, Herrera, Huff, MPT/O'Connor
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - M/Chang
6.1 APPROVED MINUTES:
6.1.1 Town Hall Meeting -October 5, 1999 -As submitted.
6.1.2 Regular Meeting of October 5, 1999 - As amended.
6.2 RECEIVED & FILED PLANNING COMMISSION MINUTES:
6.2.1 Regular Meeting of August 24, 1999.
6.2.2 Regular Meeting of September 14, 1999.
6.3 RECEIVED AND FILED TRAFFIC & TRANSPORTATION COMMISSION
MINUTES - Regular Meeting of July 8, 1999.
6.4 APPROVED VOUCHER REGISTER - dated October 19, 1999 in the amount
of $549,687.30.
6.5 ADOPTED RESOLUTION NO. 96-53K: A RESOLUTION OF THE CITY OF
DIAMOND BAR SETTING FORTH PERSONNEL RULES AND
REGULATIONS REGARDING THE PAYMENT OF SALARIES, SICK
LEAVE, VACATIONS, LEAVES OF ABSENCES AND OTHER
REGULATIONS - adding the proposed new Recreation classifications.
PUBLIC HEARINGS:
7.1 (a) ORDINANCE NO. 13(1999): AN ORDINANCE OF THE CITY OF
DIAMOND BAR ESTABLISING ADMINISTRATIVE PROCEDURES AND
PENALTIES FOR CERTAIN VIOLATIONS OF THE DIAMOND BAR
MUNICIPAL CODE AND AMENDING THE DIAMOND BAR MUNICIPAL
CODE
(b) RESOLUTION NO. 99-77: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR ESTABLISHING PENALTIES FOR
CERTAIN VIOLATIONS OF THE CITY OF DIAMOND BAR MUNICIPAL
CODE - The City Council Subcommittee met with staff to review code
enforcement policies and procedures. The current enforcement policy is to
OCTOBER 19, 1999 PAGE 4 CITY COUNCIL
operate on a "complaint only" or "reactive" basis. The Subcommittee has
recommended utilizing "proactive" code compliance policies incorporating
civil citation procedures to gain timely and effective compliance. On October
5, 1999, Council considered establishing administrative procedures to gain
timely and effective compliance.
In response to MPT/O'Connor, DCM/DeStefano explained that, as a result
of her discussion with staff, the following changes were recommended: 1)
the document be clarified to indicate an adoption date of November 2, 1999
with an effective date in December. 2) On Page 5 of Civil Citation
Procedures, Section 1, 1.1 General Purpose, that In October, 1999 be
stricken and that the sentence read: "The City Council has approved the
Civil Citation Ordinance (No. 99 -XX) which establishes an alternative
enforcement tool." 3) On Page 7 of Civil Citation Procedures, under 2.1
Hearing Request A., add and the Administrative Hearing Fee to the second
sentence so that the sentence reads: "Any recipient of a Civil Citation may
contest that there was a violation of the Code or that he or she is the
responsible person by completing an Administrative Hearing Request Form
and returning it to the City within thirty (30) days from the date of the Civil
Citation, together with an advance deposit of the fine, unless waived and the
Administrative Hearino Fee pursuant to Section 1.04.090 of Ordinance No.
99 -XX." On Page 15 of Civil Citation Procedures subsection 3.6 A., reword
to read: "If the Hearing Officer is ready to render a decision, a verbal
decision should be tape recorded before the hearinc is closed." On Page 19
of Civil Citation Procedures, under Section 4.4, the first sentence should be
changed to indicate thirty (30) calendar days instead of ten (10) calendar
days. On Page 2, Section 1.04.020, subsection (a), he explained that the
Code Enforcement Official could be any person or persons designated by
the City Manager and could be any member of City staff and would not
necessarily be the responsibility of any single staff member. The subsection
is recommended to read as follows: "A person who has penal code citation
certification training designated by the City Manager, etc."
With regard to the draft Resolution, DCM/DeStefano recommended the
following amendments: 1) strike certain from the first paragraph. 2) strike
third and add subsequent in the third and final WHEREAS paragraph. 3)
add the following: "attached hereto and sett forth in" Schedule 1, Paragraph
5 following the word "Penalties" in the first sentence 4) within Schedule 1
under Section 3. Late Payment Penalties, indicate that when payment is 61-
90 Days late, the Late Payment Penalty Assessed is 50% x Fine = Total
Penaltv Due and when it is More Than 90 Days, the Late Payment Penalty
Assessed is 100% x Fine = Total Penaltv Due." 5) within the sample Civil
Citation (Page 2 of the Sample Civil Citation) in the right hand column under
subsection 2). TO CONTEST: a. Administrative Hearing, strike was
corrected within the period provided from the third line, and under sub
paragraph b. strike you corrected it within the time provided from the fourth
OCTOBER 19, 1999 PAGE 5 CITY COUNCIL
line. The Civil Citation Administrative Hearing Request draft form (Page 2
of Appendix V), Date Request Received: should indicate that this is for City
Use Only. Under Appendix VII, Page 2, the Schedule is a schedule of the
common offenses.
MPT/O'Connor stated that the first WHEREAS needs to refer to all violations
instead of certain violations in the second line.
MPT/O'Connor opened the Public Hearing.
Martha Bruske believed that the proposed ordinance is unnecessary at this
time. She is concerned about confidentiality in reporting violations and
recommended that all complaints go directly to the City Manager and have
him assign the complaint out for follow up.
Clyde Hennessee said the City needs an ordinance to enforce compliance
but should not be oppressive.
There being no further testimony offered, MPT/O'Connor closed the Public
Hearing.
DCM/DeStefano responded to Mr. Hennessee that the Ordinance would be
added to the existing process. In response to Mrs. Bruske, he explained that
the City is not concerned with who the complaining party is. Often the
complaining party wants a follow up as to the status of their complaint in
which case the name of the complaining party is recorded. The City
personally visits every complaint received to verify that there is a problem.
If initial verbal communication fails to remedy the situation, a written letter
is sent to the alleged violator. If, under this process, those remedies are not
effective, there is the ability to write a citation to attempt to gain compliance.
If the situation is not remedied within 30 days of citation issuance, a second
citation may be issued, which carries a greater penalty. The third citation
carries an even greater penalty. Beyond that, it becomes a misdemeanor
and a court process. Could someone have the same problem and be cited
year after year? It is possible. However, once the person gets the third
offense for the same violation, the courts will conclude that if the issue
comes up again, it is possible that someone could be cited for the same
offense. This is an unpredictable situational matter.
MPT/O'Connor reiterated that over 95% of residents respond to verbal
warnings. This ordinance addresses the 5% who do not respond to verbal
and written communication.
In response to C/Huff, DCM/DeStefano indicated that the ordinance states
that any one of the stated methods could be used. The aforementioned is
the typical process. If there is a matter of immediate concern for public
OCTOBER 19, 1999 PAGE 6 CITY COUNCIL
Safety, the City will be more demanding in an attempt to achieve
compliance. There will always be a warning prior to citation issuance.
C/Huff recommended that the Council conduct a 6 or 12 month review of the
ordinance following implementation.
CA/Jenkins recommended that the following be added to Page 1, Section
1.04.010 (c) of the Ordinance: Change the ending period to a comma after
the word "period" and add the following language: "and upon conviction
thereof, shall be punishable by a fine not exceeding $1,000 or by
imprisonment not exceeding six (6) months or by both such fine and
imprisonment."
C/Herrera moved, C/Huff seconded, to approve first reading by title only,
Ordinance No. 13(1999) and adopt Resolution No. 99-77 as amended by
staff and the City Attorney. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS - Herrera, Huff, MPT/O'Connor
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - Ansari, M/Chang
S. OLD BUSINESS:
8.1 DISCUSSION OF PLANNING STATUS OF MILLENNIUM CELEBRATION:
In response to C/Herrera, CSD/Rose explained that there will be access into
the shopping centers until the celebration begins at 7:00 p.m. The Fire
Department will be on hand to handle unforseen problems with fireworks,
should any arise.
In response to C/Ansari, CSD/Rose stated that parking may be provided at
Quail Summit Elementary School. The committee will be working on this
issue. Very large signs will be placed on Grand Ave. and D.B. Blvd. at the
beginning of December advising the public of the scheduled intersection
closure.
C/Ansari and C/Huff expressed concerns about the impacts to residential
neighborhoods and the need for community outreach for area residents and,
most particularly, residents in the Quail Summit area.
Deputy Perkins explained that the Sheriffs Department is planning the
process for the signs as well as traffic control efforts on main thoroughfares
and in residential areas. Even with the scheduled event, it was anticipated
that there will be a low traffic count and low impact to residents within the
five hour period. He also spoke about alcohol checkpoints. There will be 16
Sheriffs Deputies assigned to the celebration area.
OCTOBER 19, 1999 PAGE 7 CITY COUNCIL
C/Huff reiterated his concerns regarding the impact to residents and asked
if the committee had considered having the event at another location such
as K -Mart or Peterson Park.
CSD/Rose responded that the subcommittee had considered other locations.
However, since this is supposed to be a main event, it should be held at a
special location near the center of town.
C/Ansari said that D.B. has never held such an event as the Millennium
celebration. Other cities such as Fullerton have held events in the center of
their communities.
CSD/Rose again explained events held by other cities.
Steve Parker, Store Director of the Lucky Market at the intersection of Grand
Ave. and D.B. Blvd. felt that the Millennium celebration would greatly impact
their ability to conduct business that day. It is one of the three busiest days
of the year for his firm. He estimated that he would lose about 50% of the
store's business on that day because of this event. The store did not receive
notice until October 9. He wanted to persuade the Council that this event is
not in the best interest of the businesses in the center.
Audrey Hamilton asked why Council did not hold public hearings regarding
the celebration. Traffic is D. B.'s #1 concern and she felt that the event
would impact thousands of local residents. She suggested using Sycamore
or Peterson Park or parking lots in the K -Mart Center or Country Hills Towne
Center. The plan to close the intersection of Grand Ave. and D.B. Blvd. is
not well received by residents and businesses.
Jerry Hamilton was concerned about drunk drivers on residential streets
during the celebration.
C/Ansari left the meeting at 7:47 p.m.
Ralph Ruhlen, Ralphs Market, is also concerned about loss of sales. It is
the fourth busiest day of the year for his market and could also impact his
sales. He did not believe that the closure is fair to the corners because
there are seven banks and two major supermarkets that will be shut down
from 4:00 p.m. on. Additionally, the market is anticipating some panic buying
in anticipation of Y2K, which will affect the banks.
Grace, D.B. resident and representative of Ralphs Grocery Company, said
the company is very concerned about grocery sales and loss of banking
facilities because it is one of the store's biggest days. ATMs and banks
need to be accessible to accommodate deposits and withdrawals. If
businesses are prevented from making deposits during the evening hours,
OCTOBER 19, 1999 PAGE 8 CITY COUNCIL
they will be left holding a great deal of cash. She asked Council to
reconsider the location of the celebration.
Martha Bruske said she is opposed to the celebration and urged residents
to boycott the party.
Tom Ortiz spoke in opposition to the celebration.
C/Herrera recommended that the subcommittee take into consideration all
of the concerns expressed during discussion of this matter and look at ways
to mitigate those concerns.
C/Huff suggested looking at other locations such as Peterson Park and bring
back an alternative recommendation at the next Council meeting.
MPT/O'Connor assured the residents that the subcommittee will look into the
matter and discuss alternatives based upon tonight's input.
RECESS: MPT/O'Connor recessed the meeting at 9:15 p.m.
RECONVENE: MPT/O'Connor reconvened the meeting at 9:20 p.m.
8.2 STATUS OF LANTERMAN DEVELOPMENTAL CENTER'S PROPOSED
FORENSIC CONFINEMENT COMPOUND PROJECT - CA/Jenkins stated
that, under the rules of the Fair Political Practices Commission,
MPT/O'Connor cannot be counted toward the quorum if there is a conflict of
interest. The quorum is lost on this item. He suggested that since this is an
information item where Council will receive a report from the City Manager,
that the Council lose the quorum, receive the report and move on to the next
item.
MPT/O'Connor recused herself from discussion of this matter and left the
dais.
CM/Belanger stated that there is no longer a proposed Lanterman Forensic
Project. On October 15, 1999, the Superior Court in L.A. dismissed the
litigation between the Cities of D.B., Pomona, Walnut, County of L.A.,
residents of D.B. and the State of California. The primary reason for
dismissal of the litigation was because the State indicated to the Court that
they had abandoned this project. The Attorney General representing the
State indicated to the Court that if a project of this kind was ever again
proposed for Lanterman, that there would be a new environmental process.
C/Herrera reported that the League of California Cities adopted D.B.'s
resolution to require the State of California to give public notice and in
addition, requires universities, community colleges, schools, counties, cities
OCTOBER 19, 1999 PAGE 9 CITY COUNCIL
and special districts to comply with the identical local public notice
requirements with which cities must comply. After January 1, lawmakers will
be approached to cant' this legislation to adoption. She announced that the
Lanterman Advisory Committee will meet on Monday, October 25. She and
C/Huff are scheduled to meet with Clifford Allenby on October 29.
Sue Sisk encouraged residents to write to Governor Davis and Clifford
Allenby asking that the Mitigated Negative Declaration be rescinded. She
encouraged Council to bring this matter to a conclusion before the end of
1999. She thanked C/Herrera and C/Ansari for their efforts toward adoption
of the City's resolution by the League of California Cities.
C/Herrera thanked Sue Sisk for her due diligence and tremendous amount
of time and work to bring information to the public.
Martha Bruske wanted to know how much longer the City intends to continue
accruing legal fees with respect to the Lanterman issue.
MPT/O'Connor returned to the dais.
8.3 AREA 1 SLURRY SEAL - CHANGE ORDER NO. 1 - The Area 1 Slurry Seal
Project is currently in progress and is anticipated to continue until November
24, 1999. Within this same time frame, most of the Gateway Corporate
Center will be completed with Travelers Group and Allstate Insurance ready
for their Grand Openings. Although scheduled for Area 2 Slurry Seal, there
is tremendous cost savings and a unique opportunity to slurry seal the
Gateway Corporate Center in concurrence with the Area 1 Slurry Seal
Project. For the Area 1 Project, the City underwent a competitive bid
process to retain Asphalt Maintenance Co. and they have the lowest unit
price for slung seal. Asphalt Maintenance Co. has proposed the same unit
price for the requested work. The change order amount of $37,406
represents 7% of the total contract amount and is within the allowable 25%
of the contract price.
C/Huff moved, C/Herrera seconded, to authorize the City Manager to
approve Change Order #1 with Asphalt Maintenance Co. in an amount not -
to -exceed $37,406. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS - Herrera, Huff, MPT/O'Connor
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - Ansari, M/Chang
8.4 RESOLUTION NO. 99-02A: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DIAMOND BAR APPROVING THE CITY'S COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM FOR FISCAL YEAR 1999-
2000 - In January, 1999, Council approved the 99-2000 funding allocations
OCTOBER 19, 1999 PAGE 10 CITY COUNCIL
for the Community Development Block Grant (CDBG) Program. The City
was limited to 15% of the total allocation for public service projects or
$55,929. Due to the limitation, the City could not fund a majority of the
public services projects. The City funded the Senior Program at $24,429 of
the requested $51,594. In August 1999, the City was informed of the
authorization to allocate up to 25% of the total allocation for Public Service
programs. The City has unallocated CDBG funds that can be allocated to
the Senior Program.
MPT/O'Connor requested that all other applicants for CDBG monies be
given the opportunity to receive additional funds.
Martha Bruske said that when the Council first allocated CDBG funds,
Project Sister was given no money. She asked Council to divide up the
money among other non-profit organizations or hold this allocation over until
next year but not give it to the senior club at this time.
CM/Belanger stated that the activities of Project Sister have been funded
through COPS monies during the previous and current fiscal years. There
are three senior clubs that operate under the general umbrella of senior
services. The City's Senior Services Coordinator provides services to all of
those clubs. Part of the recommendation for the increase is to provide
insurance coverage for all three of those clubs as they use the City's center.
In addition, the City provides a truck for the seniors to pick up bulk foods that
are distributed to needy seniors and funds special events throughout the
year. Approximately 200-300 seniors participate in the program.
C/Huff moved, C/Herrera seconded, to continue the matter to November 2,
1999. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS - Herrera, Huff, MPT/O'Connor
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - Ansari, M/Chang
8.5 DISCUSSION OF STATUS OF MINNEQUA LANDSLIDE REMEDIATION
PROJECT
(1) ALLOCATION OF CONTRIBUTIONS BY PROPERTY OWNERS FOR
COSTS OF THE MINNEQUA REMEDIATION PROJECT — In
February, 1998, the heavy rainfall which occurred during the EI Nino
condition caused a landslide of approximately 60 feet wide by 70 feet
long in a residential area, causing five homes to be damaged and
yellow -tagged by the City's Building Official. Council approved and
authorized allocation of CDBG funds for investigation and
remediation of the landslide. The City retained Kleinfelder, Inc. for
the geotechnical investigation/engineering services. Kleinfelder has
OCTOBER 19, 1999 PAGE 11 CITY COUNCIL
prepared plans and specifications to remediate the project. The
project was advertised and 4 bids were received on August 23, 1999.
The lowest responsible bid received was from Summit Contracting in
the amount of $150,000. The City allocated $50,000 toward the
remediation project, which leaves $100,000 to be contributed by the
5 homeowners. The homeowners have worked with an independent
mediator from the Claremont Dispute Resolution Center and have
come to an agreement on the contributions. The City Attorney is
developing an agreement for the homeowners to sign, which will
memorialize the contributionffair share as agreed upon by all
homeowners. An additional hold -harmless agreement will also be
necessary prior to commencement of the construction.
Martha Bruske did not understand why the City is participating in this
matter. She wants the City to conduct outreach to educate
homeowners about how to maintain their slopes.
Kathy Krick thanked Council and staff for helping the affected
homeowners on Minnequa Dr. and Sunset Crossing Rd.
C/Herrera asked staff to send information to all homeowners
regarding slope and drainage maintenance along with a reminder that
they are responsible for maintaining their property.
CM/Belanger stated that information is regularly sent to homeowners
reminding them what they have to do to protect themselves.
Information will be posted on the City's Website and published in the
Windmill, The View and the City's quarterly Newsletter.
MPT/O'Connor moved, C/Huff seconded, to approve allocation of
contributions by property owners and authorize the City Manager to
sign all necessary documents. Motion carried by the following Roll
Call vote:
AYES: COUNCIL MEMBERS - Herrera, Huff, MPT/O'Connor
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - Ansari, M/Chang
(2) AWARD OF CONSTRUCTION CONTRACT FOR THE
REMEDIATION OF THE MINNEQUA LANDSLIDE REMEDIATION -
On July 30, 1999, plans and specifications for remediation of the
Minnequa Landslide Project were advertised and sent to nine hillside
contractors. Four bids were submitted and opened on August 23,
1999. The apparent low bidder is Summit Contracting. Based upon
related construction projects and past history, Summit Contracting is
a qualified remediation firm.
OCTOBER 19, 1999 PAGE 12 CITY COUNCIL
C/Herrera moved, C/Huff seconded, to award a construction contract
to Summit Contracting for remediation of the Minnequa Landslide
Project in an amount not to exceed $150,000 and authorized a
contingency of $10,000 for project change orders to be approved by
the City Manager, for a total authorization amount of $160,000.
Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS - Herrera, Huff, MPT/O'Connor
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - Ansari, M/Chang
8.6 CONSIDERATION OF VERTICAL HOLIDAY BANNERS - On August 3,
1999, staff received approval from Council to implement a Holiday Banner
program where up to 308 banners would be posted adjacent to D.B.
shopping centers that were willing to split the costs with the City. Ten
shopping centers have expressed a willingness to participate, and, if the
program is implemented as approved, 48 banners would be posted
throughout D.B. This represents just over 15°x6 of the proposed locations for
banners. The visual impact that was hoped for from this program will not be
achieved with only 48 holiday banners posted throughout the City.
In response to MPT/O'Connor, CSD/Rose indicated that contact was made
with management companies and not the individual business owners within
the shopping centers.
Jeff Koontz, Executive Director, D.B. Chamber of Commerce, responded to
MPT/O'Connor that the Chamber contacted the management companies for
each of the centers. It was determined that, with the amount of staff the
Chamber had to work with, contacting the individual businesses would have
been an impossible undertaking. The management companies that agreed
to participate in the program agreed upon initial contact and said that they
would pick up the cost because they thought it was good for business. The
management companies that said no were not interested and were not
interested in the Chamber contacting the individual businesses. The
Chamber accepted the response of the management companies and did not
contact the individual businesses.
Martha Bruske stated that it seems unfair to provide funding for those who
do not participate. For lack of interest, the program should be abandoned
at this time.
Jeff Koontz said that, having put considerable time into this program, he
would prefer that it not be abandoned. He was also concerned about
providing banners to centers that are not participating in the program.
Placing more banners at the City's entrances would be more appropriate.
Pulling out of the program at this point would be unfair to those who have
OCTOBER 19, 1999 PAGE 13 CITY COUNCIL
agreed to participate.
MPT/O'Connor asked if staff expanded on the Chamber's efforts.
CM/Belanger responded that, from staffs point of view, discussions with
shopping centers or businesses was to be provided by the Chamber. Staff
was not involved with follow up or discussion with the businesses. In order
to implement this program, the banners need to be ordered before the end
of this week.
C/Herrera moved, C/Huff seconded, to implement Option #3, post the 48
banners in Option #1, plus an additional 100 banners to achieve a greater
visual impact. Motion carried by the following Roll Call vote:
AYES:
COUNCIL MEMBERS - Herrera, Huff
NOES:
COUNCIL MEMBERS - MPT/O'Connor
ABSENT:
COUNCIL MEMBERS - Ansari, M/Chang
8.7 CONSIDERATION OF STREET TREE PROGRAM - There are three species
of tree currently outgrowing their 3'x 3' tree wells along the major arterials:
Canary Island Pine, Jacaranda and Brisbane Box. Staff recommended a
species replacement program through attrition for the Jacaranda (with
Chinese Flame Tree) and Brisbane Box (with Tritania Laurina Tree). An
attempt to replace the Canary Island Pine trees through attrition was not
aesthetically acceptable. Removal of mature Canary Island Pine trees will
result in a major change in the current look of D.B. Therefore, staff
recommended a program that preserves mature Canary Island Pine trees for
10 to 20 years and also limits damage to adjacent hardscape. Removal of
tree well covers will provide these trees with enough space to grow another
five to ten years. After that, increasing the size of the tree well to 4' x 4'
should provide space for an additional 5 to 10 years. This way, the Canary
Island Pine trees should be able to grow along the major arterials for another
10 to 20 years without causing major damage to most of the adjacent
hardscape. Cost to complete staffs recommendations in the current fiscal
year is $12,000. These funds are not currently included in the budget.
C/Huff suggested that Council consider the neighborhood policy in the
future. He asked staff to advise the Council what would be required for D.B.
to become a Tree City, U.S.A.
MPT/O'Connor said she was also very concerned about residential areas.
C/Huff moved, C/Herrera seconded, to direct staff to implement a species
replacement program through attrition for the following trees: Jacaranda to
Chinese Fringe, Brisbane Box to Tristania Laurina; (2) direct staff to remove
435 damaged tree well covers at a cost of $11,000; allocate $11,000 from
OCTOBER 19, 1999 PAGE 14 CITY COUNCIL
General Fund reserves to complete this work; approve assignment of this
work to Charles Abbott Associates and add $11,000 to their Public Works
contract; and (3) direct staff to cut 4' x 4' tree wells when necessary to
preserve mature Canary Island Pine trees and to limit damage to the
adjacent hardscape; allocate $1,000 from General Fund reserves to fund the
work for this Fiscal Year; approve assignment of this work to Charles Abbot
Associates and add $1,000 to their public works contract.
Motion amended by MPT/O'Connor to direct staff to present a proposed
residential policy program to the Council within the next six months.
Amendment accepted by C/Huff and C/Herrera. Motion carried by the
following Roll Call vote:
AYES: COUNCIL MEMBERS - Herrera, Huff, MPT/O'Connor
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - Ansari, M/Chang
8.8 RESOLUTION NO. 99-78: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DIAMOND BAR SUPPORTING A COMPLETE AND
COMPREHENSIVE FOUR CORNERS TRANSPORTATION
ALTERNATIVES AND RECOMMENDATIONS REPORT.
C/Herrera moved, C/Huff seconded, to adopt Resolution No. 99-78
supporting a Complete and Comprehensive Four Corners Transportation
Alternative and Recommendations Report. Motion carried by the following
Roll Call vote:
AYES: COUNCIL MEMBERS - Herrera, Huff, MPT/O'Connor
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - Ansari, M/Chang
9. NEW BUSINESS: None
10. COUNCIL MEMBER COMMENTS: C/Herrera reported that many D. B.
residents participated in a letter writing campaign to encourage Ralphs Markets to
allow a grocer to come in to the vacant space in the Country Hills Towne Center.
Copies of the letter will be available at the Chamber's Business Expo booth for
signatures on Saturday. Three City Council candidates participated in last night's
candidate's forum. She reminded everyone to vote on November 2.
C/Huff stated he attended his first transit conference as an Executive Board
Member of Foothill Transit. Yesterday, the Four Corners group considered the final
recommendations from J. D. Douglas. He stated that leading a City takes more
than aspiration. The best leaders are the ones that are busy doing things. He
spoke about accusations of "backroom" deals by Council Members and defied the
OCTOBER 19, 1999 PAGE 15 CITY COUNCIL
accusers to prove their statements. D.B. operates in the public's view at all times.
He encouraged residents to view the televised debate on Thursday evening and on
Saturday following the Council meeting.
MPT/O'Connor reported that on October 6, the Civic Center subcommittee met with
the City's consultant, who will provide a fiscal analysis of each site proposed by the
Task Force. The final report will be presented on November 2. The City received
804 survey responses from residents, the outcome of which will also be presented
on November 2. She attended two neighborhood meetings concerning upcoming
public works projects. She commended staff for their outreach. On October 8, the
YMCA held its annual golf tournament, which was well attended. On October 12,
the Chamber held a very successful mixer at Norwest in the Country Hills Towne
Center. She is proud of the work being done by the Chamber. On October 13, she
attended the Grand Opening of the Pomona Census Bureau. On Thursday, she
attended an Economic Outlook Conference in the City of Industry, which was
sponsored by the Economic Partnership. The Partnership has obtained agreement
from CalTrans to erect signs that read "San Gabriel Valley," which will be visible on
the freeways. She also attended the incomingtoutgoing Council of Government's
Council Member dinner. This morning she attended the Chamber Board meeting.
Their membership drive has been very successful. The next Skate Park Design
meeting will be held at the SCAQMD on October 28 at 6:00 p.m. She encouraged
all interested parties to attend. Also on Thursday evening, Assemblyman Pacheco
will hold a Town Forum at the SCAQMD at 6:00 p.m. In addition to the City's
Halloween Festival, Diamond Pointe Elementary School holds an annual Halloween
Carnival. The field lights have been turned on at Lorbeer Middle School. She
thanked the League of Women Voters and the Chamber of Commerce for their
sponsorship of the Candidate's Forum. She asked people to make an informed
decision and cast their votes for the candidates of their choice.
11. ADJOURNMENT: There being no further business to conduct, MPT/O'Connor
adjourned the meeting at 10:50 p.m.
LYNDA BURGESS, City Clerk
ATTEST:
Mayor Pro Tem
Wen Chang
Mayor
Deborah H. O'Connor
Mayor Pro Tem
Eileen R. Ansan
Council Member
Carol Herrera
Council Member
Robert S. Huff
Council Member
Receded paper
October 21, 1999
City of Diamond Bar
21660 E. Copley Drive, Suite 100 • Diamond Bar, CA 91765-4177
(909) 860-2489 Y Fax (909) 861-3117
Internet http://www.ci.diamond•bar.ca.us • City Online (885) (909) 860-5463
Steven M. Acciani
South Pointe Middle School
20671 E. Larkstone Drive
Diamond Bar, CA 91789
Dear Mr. Acciani:
On behalf of the Diamond Bar City Council and community, I would like to take
this opportunity to extend congratulations and commendations to you—
Steve Acciani, Los Angeles County Teacher of the Year 2000! What an
achievement! You have certainly proven yourself as an exemplary teacher in
reaching our youth and paving the way for them to excel. The Diamond Bar
community is very fortunate to have the benefit of your expertise, commitment,
and positive character teaching our youth. It was a delight to hear that South
Pointe's concert at Carnegie Hall was a success. You should be very proud.
The Diamond Bar City Council would like to formally recognize your
achievement at its Council meeting on Tuesday, November 2, 1999. The
meeting begins at 6:30p and is held at the Air Quality Management District
(AQMD) Auditorium, 21865 E. Copley Drive, Diamond Bar. Please contact my
secretary, Nancy Whitehouse, 909/396-5666, to acknowledge your availability.
Good job, Steve! We look forward to seeing you November 2.
Sincerely,
Deborah H. O'Connor
Mayor Pro Tem
DHO:nbw
c: City Council
City Clerk
Dr. Ron Hockwalt, WVUSD, Superintendent
Ms. Marlene Ministeri, Principal, South Pointe Middle School
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CITY OF DIAMOND BAR
NOTICE OF PUBLIC MEETING
AND AFFIDAVIT OF POSTING
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) SS.
CITY OF DIAMOND BAR )
The Diamond Bar City Council will hold a Closed Session at 5:15
Regular Meeting at 6:30 p.m. in the Auditorium, of the South
Management District located at 21865 E. Copley Drive, Diamond
November 2, 1999.
1, Lynda Burgess declare as follows:
p.m. in CC -8 and a
Coast Air Quality
Bar, California on
I am the City Clerk in the City of Diamond Bar; that a copy of the agenda for the
Closed Session and Regular Meeting, to be held on November 2, 1999 was posted at
the proper locations.
I declare under penalty of perjury under the laws of the State of California that
the foregoing is true and correct and that this Notice and Affidavit was executed this
29th day of October, 1999, at Diamond Bar, California.
/s/ Lvnda Buroess
Lynda Burgess, City Clerk
City of Diamond Bar
MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
SEPTEMBER 28,1999
CALL TO ORDER:
Chairman Tye called the meeting to order at 7:02 p.m. in the South Coast Air Quality Management Auditorium,
21865 East Copley Drive, Diamond Bar, California.
PLEDGE OF ALLEGIANCE:
Commissioner Kuo led the Pledge of Allegiance.
ROLL CALL:
Present: Chairman Steve Tye, Vice Chairman Steve Nelson, and Commissioners George Kuo,
Joe McManus, and Joe Ruzicka.
Also Present: James DeStefano, Deputy City Manager, Ann Lungu, Associate Planner, Linda Smith,
Development Services Assistant, Sonya Joe, Development Services Assistant, and
Stella Marquez, Administrative Secretary.
MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None
APPROVAL OF AGENDA: As presented.
CONSENT CALENDAR:
1. Minutes of September 14, 1999.
C/Ruzicka moved, VC/Nelson seconded, to approve the minutes of September 14, 1999, as presented.
Motion carried 5-0 by Roll Call vote.
OLD BUSINESS: None
NEW BUSINESS:
1. Citation Authority Ordinance:
DCM/DeStefano presented staffs report and the proposed Code Enforcement Policy document. This matter
is being presented to the Commission as an information item. The Commission's questions, comments and
observations are welcomed.
C/Ruzicka asked how many cities in Los Angeles County have a Code Enforcement Policy.
DCM/DeStefano stated that most likely at least 50 percent of cities incorporate this type of enforcement. All
of the surrounding jurisdictions with the exception of Walnut utilize this tool.
SEPTEMBER 28, 1999 PAGE 2
C/Ruzicka asked if Diamond Bar's document match other cities' documents in the approach to cod,
enforcement.
DCM/DeStefano indicated that the subcommittee looked at a cross section of other jurisdictions. Copies of
their ordinances and administrative procedures were reviewed and considered in the process. Glendora's and
La Puente's documents most closely resembled the subcommittee's intent for Diamond Bar's document. The
proposed document is a compilation of those documents and is primarily reflective of Santa Clarita's Civil
Citation Procedure.
C/Ruzicka asked if the City anticipates an increased workload and a staff increase.
DCM/DeStefano stated that workload generated will result from the priorities determined by the City
Council. At the present time, there are no plans to increase staff. However, if the Council wants staff to
focus on a wide variety of issues, an increase of staff or contract assistance through one of the city's
consultants may be necessary.
C/Ruzicka asked who would serve as hearing officers.
DCM/DeStefano stated that the way the draft has been prepared indicates that the hearing officer is actually
the Planning Commission. In some cities, the hearing officer is a senior staff member,- in some cities the
hearing officer is someone in administration, and in some cities the Planning Commission serves as the hearing
officer. Some cities hire or appoint an outside person to serve that purpose. A recent Supreme Court case
deals with this issue. Someone was cited for a particular issue and the hearing officer was a member of the
senior staff. The issue was whether or not there was a fair hearing because the office was a member of staff
making a decision regarding a citation issued by the city. It is being suggested by the City Attorney that the
hearing officer be someone outside the scope of the normal city structure.
C/McManus asked if the City Attorney suggested that an appointee would not be perceived to be biased.
DCM/DeStefano stated that they felt it was a safer approach than using a staff person or the Planning
Commission.
Chair/Tye asked what method the City of Walnut uses in place of a Code Enforcement Policy that is effective
for the community.
DCM/DeStefano responded that Walnut uses a process similar to what has been used by Diamond Bar for
the last 10 years. They make initial contact with the alleged violator and write a letter outlining the alleged
problems. If remedy is not forthcoming within a specified amount of time, they write a second letter that
basically states that if the matter is not resolved the city will see the violator in court. If the matter is not
resolved, it is turned over to the district attorney. A deputy district attorney is assigned to the case. An
office conference is held during which the violator is told that if the matter is not resolved within a specified
period of time, the next meeting will be before a judge. This process is effective but lengthier than the
process that would be administered through this proposal.
C/Kuo asked what qualifications are necessary in order for the Code Enforcement Officer to write a citation.
SEPTEMBER 28, 1999
PAGE 3
DCM/DeStefano stated that in order to write a citation, there must be specific training through the Police
Officers Standards in Training (POST) in accordance with Section 836.5 of the Penal Code. Anyone
authorized by the City Manager who has passed specific training may issue citations. All police officers
receive the POST training as a matter of training to become a police officer. Presently, the volunteer patrol
is not authorized to issue citations. The matter is under consideration by the Sheriffs Department to expand
their scope of duties.
C/Kuo asked if a dismissal resulting from an error or subjective judgement (the last paragraph of
Section 2.10) might cause a problem for the city.
DCM/DeStefano stated that this section deals with error in duplication of citations and subsequent dismissal.
C/Ruzicka said that his understanding of this section is that each case is judged on its own merits and will
have no precedent as to how a similar case might be judged.
DCM/DeStefano stated that this is a fair assumption and is the way in which cases are handled at this time.
Each case is considered on an individual basis.
CONTINUED PUBLIC HEARING: None
PUBLIC HEARING: None
PLANNING COMMISSION COMMENTS: VC/Nelson shared with the Commission an article
regarding Eucalyptus trees and how invasive they are.
INFORMATIONAL ITEMS:
1. Development Code Amendments - Status Report:
AssocP/Lungu presented a status update regarding potential Development Code amendments. Under
consideration are the following items: Zoning Code Matrix consistency with the General Plan; setbacks for
swimming pools and spas consistency; restrictions on non -conforming structures with respect to small patio
covers and small additions - the new code does not allow for these items to follow the development fine of
the existing home as has been the case in the past; Subdivision Ordinance needs to provide for allowing the
City's Engineer to make changes to a Tentative Map or conditions; rear setbacks for the RL and RLM Zone
are 15 feet and the intent was that they be 20 feet; the sale of alcohol for off-site consumption in connection
with the sale of motor fuel is permitted straight across the board in the matrix and staff is considering
incorporating Conditional Use Permit requirements for this type of activity on the Review Authority Table.
Planned Sign Program has been replaced with Comprehensive Sign Program (housekeeping); lot coverage
- consideration of reducing the 40 percent lot coverage - staff has encountered problems with applicants
wishing to cover the entire lot; current code allowance for a 500 square foot guest house which may be
approved by the director and anything exceeding 501 square feet requiring a Minor Conditional Use Permit
and the ratio of parking to the addition of a guest house - staff has encountered a number of situations
involving applicants who wish to build 3,000 and 4,000 square foot guest houses which is similar to a second
residence. She indicated that these items are currently under consideration as priority items.
SEPTEMBER 28, 1999 PAGE 4
2. Housing Element - Status Report:
DCM/DeStefano presented staffs report.
3. Public Hearing dates for future projects - as submitted.
SCHEDULE OF FUTURE EVENTS:
As listed in the agenda.
ADJOURNMENT:
C/Ruzicka moved, C/McManus seconded, to adjourn the meeting. There being no further business to come before
the Planning Commission, Chair/Tye adjourned the meeting at 8:02 p.m.
Respectfully Submitted,
J es DeStefano
Deputy City Manager
Attest:
Steve ye
Chairman
CITY OF DIAMOND BAR
MINUTES OF THE TRAFFIC AND TRANSPORTATION COMMISSION
SEPTEMBER 9, 1999
CALL TO ORDER:
Chairman Morris called the meeting to order at 7:06 p.m. at the South Coast Air Quality Management District
Hearing Board Room, 21865 East Copley Drive, Diamond Bar, California.
PLEDGE OF ALLEGIANCE:
The audience was led in the Pledge of Allegiance by Vice Chair Virginkar.
ROLL CALL:
I.
I®
Commissioners: Chairman Roland Morris, Vice Chairman Arun Virginkar, and
Commissioners Joyce Leonard -Colby, and Scott Lin.
Commissioner Jack Istik arrived at 7:10 p.m.
Also Present were. Rose Manela, Associate Engineer, Sonya Joe, Development Services
Assistant, Sharon Gomez, Administrative Secretary and Deputy Rodriguez.
APPROVAL OF MINUTES:
A. Minutes of July 8, 1999.
VC/Virginkar moved, C/Lin seconded, to approve the minutes of the regular meeting of July 8,
1999 of the Traffic and Transportation Commission as submitted. Motion approved with the
following Roll Call vote:
AYES:
COMMISSIONERS
NOES:
COMMISSIONERS
ABSTAIN:
COMMISSIONERS
ABSENT:
COMMISSIONERS
COMMISSION COMMENTS:
III. PUBLIC COMMENTS:
None
None
IV. CONSENT CALENDAR: None
Lin, VC/Virginkar, Chair/Morn's
None
Leonard -Colby
Istik
T&T SEPTEMBER 9, 1999 PAGE 2
V. OLD BUSINESS:
A. Fiscal Year 1999-2000 Goals and Objectives of the Traffic and Transportation Commission.
Following discussion, the Commission requested staff to re -rank the goals and objectives and
present an updated listing at the October 14 meeting.
Chair/Morris requested a joint Commission/City Council study session.
C/Leonard-Colby requested that an officer from Walnut Sheriffs Station be invited to attend the
joint study session.
AE/Manela stated staff will contact the City Manager's office to determine the feasibility of a joint
study session with the City Council.
B. Speed limit on Lycoming Street between Lemon Avenue and Brea Canyon Road.
AE/Manela presented staffs report. Staff recommends that the Traffic and Transportation
Commission concur with staffs recommendation to maintain the existing 35 -MPH speed limit on
Lycoming Street between Lemon Avenue and Brea Canyon Road.
Following discussion, C/Istik moved, C/Leonard-Colby seconded, to recommend that the City
Council conduct a new speed study to post Lycoming Street between Lemon Avenue and Brea
Canyon Road at 25 MPH due to the residential characteristic of the street. Motion carried by the
following Roll Call vote:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
VI. NEW BUSINESS: None
VII. STATUS OF PREVIOUS ACTION ITEMS:
Istik, Leonard -Colby, Lin, Chair/Morris
VC/Virginkar
None
AE/Manela stated that at its September 7 meeting, the City Council approved the Los Cerros "one hour
parking." The matter of preferential parking by residents is slated for second reading on September 21.
The following Capital Improvement Projects are currently underway: Traffic signals on Brea Canyon
Road at Diamond Crest, Glenbrook Drive and Golden Springs Drive; approval of Traffic Signal projects
at the intersections of Lycoming Street and Lemon Avenue, Golden Springs Drive and Rapidview Drive,
T&T SEPTEMBER 9, 1999 PAGE 3
Brea Canyon Road and Silver Bullet Drive, and Diamond Bar Boulevard and northbound SR 57.
Construction is tentatively scheduled to begin in October. The 90 day Golden Springs Drive and Lemon
Avenue street rehabilitation project and landscape median improvements has been awarded and is
schedule to start in October. Construction on Golden Springs Drive between Grand Avenue and Tonto
Lane began on September 7.
VIII. ITEMS FROM COMMISSIONERS:
C/Lin said he feels that the southeasterly corner of the new Starbucks building extends too far out toward
the street. He is concerned that it may obstruct views and create a traffic safety hazard.
C/Leonard-Colby said she is concerned about school issues and the need for further improvement with
respect to traffic flow and speed limits.
VC/Virginkar stated he noticed an excessive amount of water on the streets from the sprinkler systems on
Grand Avenue between Rolling Knoll Road and Diamond Bar Boulevard . He believes that this is a
safety hazard with the 45 -MPH speed limit.
Chair/Morris concurred with C/Leonard-Colby regarding school being back in session. He is concerned
about student drop-off and pick-up as well as, the speed limit along Golden Springs Drive. He said he
would like to have the Commission revisit these issues. He also requested that the Commission revisit the
matter of excessive traffic during school hours at the left turn pocket on Diamond Bar Boulevard and
Goldrush Drive. He is concerned about the residential traffic trying to get to and from their homes.
IX. ITEMS FROM STAFF:
A. Verbal Presentation: Creation of a third lane on northbound Diamond Bar Boulevard from
Palomino Drive to westbound SR 60 on-ramp.
B. Verbal Presentation: Monthly Traffic Enforcement Update for July, 1999.
Deputy Rodriguez reported. The July Traffic Enforcement Index was 46.5.
C. Verbal Presentation: Four Corners Study (informational materials and video from the August 17,
1999 City Council Study Session.
X. INFORMATIONAL ITEMS:
A. Speed limits along the entire length of Golden Springs Drive.
T&T SEPTEMBER 9, 1999 PAGE 4
Chair/Morris requested that this matter be agendized for discussion at a future Commission
meeting.
B. Future Agenda Items.
Evaluation of Goals and Objectives - October 14, 1999.
Chair/Morris requested that the matter of the speed limits on Golden Springs Drive and Palomino
Drive be agendized and discussed on October 14, 1999.
XI. SCHEDULE OF FUTURE CITY MEETINGS:
As agendized.
ADJOURNMENT:
There being no further business to come before the Traffic and Transportation Commission Chair/Morris
adjourned the meeting at 9:06 p.m.
Respectfully,
/s/ David G. Liu
David G. Liu
Secretary
Attest:
/s/ Roland Morris
Chairman Roland Morris
CITY OF DIAMOND BAR
INTEROFFICE MEMORANDUM
TO: Mayor Pro Tem O'Connor and Councilmember Herrera
FROM: Linda G. Magnuson; Finance Director
SUBJECT: Voucher Register, November 2, 1999
DATE: October 28, 1999
Attached is the Voucher Register dated November 2, 1999. As requested, the Finance
Department is submitting the voucher register for the Finance Committee's review and approval
prior to its entry on the Consent Calendar.
The checks will be produced after any recommendations and the final approval is received.
Please review and sign the attached.
C F 0 'D I A I'l D1111, IIAR
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1 171 a, E GC=E
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RUN DATE: 10.'::Z ;P7'_'^ 1(): :?
.MUCHER RE515TEF'
PAGE: _
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TOTAL l''OLCt.Ezu
TOIA- DUE
FEF' CE'_':. F'� GN CNEE
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47.41
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11,61
TOTH'- FPEYPHIS
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27;.70
rt r --
C1,:"__:.-455...-- _ -sAuE = STF'EET SvEE 5-AUr a,1IC, 1
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RLN IIATE, 10;22/1 '�9 1.0.02•22
P._:;IETE;
FADE` 2
DUE
PREF'AII
fit;,'
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TOTAL. `UE '-'E 200
F-Fi�,L
1'
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RUIN DATE: 1{.i 2 -.•p -- VD CHER REMSTEF t,,,,nE:
DUE THRU:
CHPRLE:- ABBOTT ASSP:IATEE lK
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-41
AR
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PRO-F.SK-ENIDE SCHL STR-
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PR3F.SVCS-EN Q6-14
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PRO-F.SK-ENIDE SCHL STR-
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PRDF.S"'CS-RET. WALL Ck
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F :-'ZS 1RDNO INSFEC7N
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7
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PREF A 111:
: !T't Cc IIAMCtT BW;
RJN BATE: 10;28•,1•^nr' 10:02^2`2
VOUCHER G:EPTC7F
PAGE' 4
PREF'ATI'
FUND/SECT- CCT-PRC.ECT-ACTT
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F►"CC:NT GATE CNE-C}
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1"aq
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0..25•:2 PROF .SVC-LORBEER. SCHL
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Tulp_ FSEFh:ua
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TGTk- JOGCHEkS
515.10
TOTAL CSUE VEN 0'r
515.14
CI'? OP DIAM'END i a�
RUN LATE: 14/21;1995' 14:02::-
,MCHEK F,Eaic':E
PAGE:
DUE THRU
FE.EF AI
F_Q11, tc-T-AC;:T-F:,;',D,..ErT-ACCT
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TOTAL- �-SE:PII:E
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TOTAL PREP^ID=
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TnTA DUE `-°EMDOB
1,n*. ?J.44
CC_:- M�r�r-' - MTu-;:CT Lf,
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TOTAL PREG'AKYS
2.415,82
TOTA- VCU'CPFF
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TOTAL =uE VEN"'OF
3,4ff,$2
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RUN DATE: 10/2_„1?,49 10:0,2,:3::
VJUCHEF, F'E°iSTU
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12,750.21
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ALTnAh F TN-SUf.MER CONCERTS
1,044.00
TUTNL PREPAID5
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T1TA4 ` DU:MERE
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RUN DATE:
VJUCNEP REGISTER
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`51'.-.cV:c-GF'D'ic
ih_F'E-
6. 7'-!'
�L �.Ln'-,
Q�. _tea «l4`
_74,
- - Fz_;A..'-
,_
7_.:7
_'?
14.61
- -•--- -a�-' -
-cc L,.E;_ePLc_uA`anrnWFEM c`:T
S'��'FLS-u},�'FN Fs,'-
104.9°
mcp'. SUPrLE-t?4=L :.J�'aEEt PVT
T-ITAL 1.9L'CwF S
27,47
— , -IahC,N:EW,
RUN LATE 10:02:02,
l'",'JC!-!EF REGISTE�
PACE:
r,lE 7HFIU, t!'010.i,G
21
PREFATI
Fti`IP'EECT-r CT-�'FG "?-kLE
r
IN'�DIi,E _" f,I='TIO;
AMOUN' L: .T CFEC}-
N i PTT R-GEN2! I=r--F'AMEN'f
TOTA-
FFEFA:r'-
r,
TOTr,
b'Ull�EF-
=7 .7-
CTS,:.:':
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4 ,'
r_GL`
r.7 hl
il--
_..�
! _. -
7P
EXLh; •-T��h.SF.
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PREP' IH:
T,0TAL
_nUC"FRE_
rY,
T:--_-
+rr� cr•=
d r
e,AMEND
,_
i•.. .-4�=_ --
--
I!EI__-..Ti ,L 1r_ rE 4Tr,
�7qt
i. --� TLltlry r
LEASE SUITEe-1;_1ir;1r'r, NJ r
19,4b5.7{a
TOThi-''.O.
CHEF: ,
i`: ,)4'65.7:!
tiT_
-;C �h'
,''4:.c.70
7� L
TS''
r,,, , ccc
15.,;,,
TL its
i,, ..r
rEA IP : F'F` �_=55It-= - !
14 0
_., --,- _+.•__"-
_ _'
FES i`.r PF :..EET'Pl
+c
J.'.
CIT" OF Py_
r•,N NATE'. 10;28/ 0:c' 10r.02.32,
,:30OHEP, �EMSTEF
PAGE: 1�
14H TNR!)- 11_11':11;-ao
FREE All
�S=C-ZT-Pf,.-c
tT-c7or,i
DATE
FAG:�i'1 ^E",' F'EFUyi
.3 5,
LEFC.__ _- CA I_ITTC_'_
] 4 :''- �=--
MFMPRSyF' MTC-HERF'ERA-11 /4
T7AL
r FF'AIDS
.00
TGT',
','DU.CHEPS
: =.t 0
TC74C
I'lUE VEN"D0G'
.•.!1Q
..14;.,_" -.1r
]r,c •.
'..¢c-,
C.iRi- f— m i,
`Jr,i' an
00
SfL'ALYS
.'1 .•�c
FACE'. 11
PFEPAIt
PIMJUlk DATE ChElY
,rn-
i1,�!a. _
C9i ea..
t!
.21
123 60 . 00
84
0, 6U�r • E4
_8.84
E1. F.4
,' 001
'7, 64
7-7- If
.:n.G',
•r=-
"!x.41
•iiia
x':.41
A,
�5, 7,2
::TY 0> L'IA"1Cir;_, bA�
F,',!Pi PATE: 10'28,f1;99 10;'02+2
VOUCHER REEIETE4
uUE THFILI,
GE `
INJC_C":C`
LL_ ANEZIE: LCUIT. PJL-._ WDRL _
P-Y__rJ6r,-
--1r=;'="_nC�.r,---
:„
rR^,1i•(h:Cii T�f=F' S�;'._. --br".,"?'=
TOTAL
')Cu_ .PE
CCV,YJ whI`Y C L+EGT
t161441i-454:4--
+_aani
c. I---- F�— gG
CUI�+ .nom+ J.LaJ DE i
TOTAL
. R;EFA15S
TOT
OUCHEF'c
0z
11' !ENIC-
LOQ• ANHLEE. TIhEE
00140-.C-4�otU-
"o IrSEFPTA-EuTOEEF G`=
U„T FU'r.LS.'E-. _'iiR,
TOTAL
PREFPIGE
T�_,,T L
+�'r_
LLQ , Ivi•�
F
REFG,'D �Lti_` EXr_ Ehl
TO'''„_
�� Es
�{1 LS
C_1C _, ,-Mri a�i� IiEPITA+F_
TEir._
FFEPAKI+S
,M1
- -
T f'T.
'
_ ,:r
FACE'. 11
PFEPAIt
PIMJUlk DATE ChElY
,rn-
i1,�!a. _
C9i ea..
t!
.21
123 60 . 00
84
0, 6U�r • E4
_8.84
E1. F.4
,' 001
'7, 64
7-7- If
.:n.G',
•r=-
"!x.41
•iiia
x':.41
A,
�5, 7,2
RUN DATE: 10128!IQ09 10:021:32
PlT .jND,,c,Er __� 7-F9'O IEC7ACCT
"17 , J I -
� Lt ;v
�B'L' �ir, !%NkL-cP`EN_ UIP
CjTv Oc DIAMQNJ BAF
VOUCHER REGISTEP
PAGE: 12
D'j 77 9ww1 1
P R E P A P
R, INYDICE
DESCRIPTION
AMOUNT m3 CHECt-
0 2 22
EcoP,!,::c:E'z C. -T 'I-
mANSTT ql'-CTr,v 2T
-.L:.
23=mD22
z:
T -,Tpi
in' 7
TS«
&_
L
7-
S r
-rT
R3
D S
TGT
oc
c
R,4'T- PRTBLE:-':)c CYNPARL
4611'1.E
TOTAL
'-REP«
.00
37: 1,
g2' F 2"
4 6
42.3
PE3002± REFUN'
T -_T6
T 6
__'u -E %ENDI-P
J
74. lil
GYKLL
7 0,
T fL_ T e,
PE P 2f
T; rD T «
t2 5
lS.y
T"T-
T12T«2523
�2 71
fL Z Ay1
12.00
TO
,yam L -HER
0 0
J.
!20.00
22.
C F.r N F.Z,- L�'Z�
E Ll F N
4- CX)
E P A 11 D
fp',
726
j_-HEF-
42.0"
"p,
F'Git :;aTE 10/2P/1-7"
"AGE:
1.
NY Ci'*lti'
`J i'•;'=cET-,''�C,-F' ....L� — ���
=�� 2'f_^ «.._ _ 'lt
GMCrUN T
n 1'
FA'f*r'�_ TF;' aT TF-F'=�?
!",q''C.t,;.
i; r,`1`'ya
pp ,
?ETA
VOI1—HCF:
T'.)TAL
SUE '�ENDDF.
6:�.411r, .fi:
I H
FfiEF' I S
)f
TOTAL
LOKHER5
TETE,=
G4..`.5
1.12Ji SIJ
35=9,_
-- ': --
_<<.
IRFIRE .G'{TF'I�-CE
4.2:5.44
11/C2 1199V
:5596,
F`='F;ET,IF'=
EG`.TF:II'-Ec
�,4:". =
:12/1� ='
355�:
5t"1. ,P
i:,,r12 K19
?5Y�':6
2 I ,,11''
;r , _-;a
.
GEci�RII �L ,' ? EXLFch
� ,
q;, 010�._
TATA,
PREPAIDS
CIO
TCTA'
vTlr-'HEF''
4i'.0"'
TOTPL
11JE ''rEt!LOF
40 W
T''T,'L
LUL- :pr r=,
qr,q r
-F S,iT DC
Tom.-�
'tilt 7,-y-0
C,
TO1AL i h11 it •�r�
REINPERGER FRIG iHON-5 INC
OM41095-42110--
.'ITV OF DiAMONI 'EAP
443.80
RUN DATE: 10:02:.3
91cli
`.'CiCHES REGISTEF
PAUE: 14
C'Q14'•?15-4 110--
41:;
3' `tt PRNTING SVC5-BUS CARL'S
40.95
F'nNTIt12 S'iC5-BUS CRD MKS
PREF'AiI''
FUND (S=CT-+,,.. i -G'RC iEC?-=CCT
DO t�4DICE .� t.r. ' T:Ot=
AMOUNT DATE
PURi-ISS ROSE -RS!
i ( IAL ,,tDOCHERc
,cr,to n5c_ cr,l_
t, -Z- icc-
�,._ . �_•
c_ P
COti_4T�i_ �.�.�- ;•rT4 NRS
(.-, Qc
_,� _. _
_._,_.
i 17
i
il(!'<?r,�f_-44.__--
- '--
�----. �E�,_ :,='w�-+R1;'`_� ?,'-AUKS,
- 2-
__,.=u
TOTE-
V-)JtrEF
•___�...
�tl:!-� �.I `-�r°VT`_�',i•11�ti-NLI�
.�.�. _.'Trc
;h
c
71.
00
TO I s,L
TO1AL i h11 it •�r�
REINPERGER FRIG iHON-5 INC
OM41095-42110--
:934 PRNTNG SVCS-ICSC MTRL5
443.80
14,'}5-42i1r--
91cli
9cr!2 PENTINO Mc -BUS CARDS
114.00
C'Q14'•?15-4 110--
41:;
3' `tt PRNTING SVC5-BUS CARL'S
40.95
F'nNTIt12 S'iC5-BUS CRD MKS
:,]87.41
-OTr'� PREPAIDS
.40
i ( IAL ,,tDOCHERc
N_ DUE VEt•;I!_"
_._,_.
i 17
i
il(!'<?r,�f_-44.__--
- '--
�----. �E�,_ :,='w�-+R1;'`_� ?,'-AUKS,
- 2-
__,.=u
.�.-4�.,__-'
-
•___�...
�tl:!-� �.I `-�r°VT`_�',i•11�ti-NLI�
.�.�. _.'Trc
C.','iiL"�
44, i
' c� r:_ -14
_._,_.
i 17
i
�:_„LEGA- SI...�i-il4J��
1�J J.li(1
.�.-4�.,__-'
-
•___�...
�tl:!-� �.I `-�r°VT`_�',i•11�ti-NLI�
.�.�. _.'Trc
00
7-11Tt' OF DIAMOND BAF
EUN DAH' '( :=:i':"= 10'02:3
VOUCHER REGISTER
PAGE 1�
DUE THF',;: II
r'MCUNT LA -
C'
T`!TA- -SEF AIDS
..-
TCT
Fa;GINEERS I":C
c: INSP TIONI:
TOTAL 7'R,EPA1:S
rrrF 2UE' 7Np -Co
127.50
Erk
....... :5i�!.--
`Lkli- COM"' Fa -'C_ �'1i.
TOTr_
PP -
44.
-_ ___.. _--
_Elly Pin -rIL _�_
�•_."r,
LL_,..
rMR� T
:...�_
- _ _;yam.
S; 1IVMCC -,
-f��.-L4- -'
n. . �.ri
RUN DATE: 1011281199p 10:02:3-,
F'OFF,itZ CErITF, EUISINESIS
71
CIT;' OF DIAM32 BAF
,uUCE tai RE515TEF-1
PAU;
16
DUE THRU:
PF,,, -_F. 17
T -'T
T Cji�
TL
C7; 1 o
�4
::_IF7 SV-5-51PIMTRIDGE
205-1-
4,151—
-7
3-
:1 -L7
L
157,45
rrli',4TFL
E L EE E VC3 - T DL 1: - - -
- Cl I P.1-
12",
. 14
EL__. HLL
.'11'.41
--L
EL: --
'Tr
Z,, n
:m L 'L
7
7-T-_
7 2TAL
PqCT-- ,� 1 n::
Ot'!
T
-J--
PT�_ LPL,_C -Ifl III- T
7.
7L7'`-
v17, Dr EW
R1,14 LATE:
r!rE THFU: 11;:a _..
PPEF' ,i:
rT
iL-
r FIT 4:
r ,`iuiln i!AT
TECHIPJC�,_ AL.'I°DPt 5Er''.'10E ire:.
r-TP:�`�Y'iTt�'hit+-
F'ttlHX.E', JC,,;'I,'L
y
r,
THIt G Ef.P
40
- •• i
T_iTAL
PF. E:L"DL
u'
77'
n,..
Juu�NEF;l
1,
-. -
i-.
it -i
_
-1 _, -.L'_
•'yIi#
j',Tn..
1_L _.i._J'-'
0_] 40_ ,-+ :C.--
FJET� uE G'UE-Ai.-iti;C;i,d.
tO ;,Cris
F"IEF H' IDS
TID, IAL';0'iC"EFo
1C+v 0(11
TOT rI
i,2E 4E;i—,'D-n
F,E ii.i Fc nc_ MET—
:,•
`:1':.?C
67.5!%
Tv Or DIA'OK rH`
RUP DATE: 10/23/1999 10:02:32
YOUC�iEF' RE0I7EP
PAM., lc,
,,UE TH U:
PREFAII
RiT, ,. ��f f, r •'r n -r
Fu:�'/SEAT-n JT-rnOUE�T-N
r 1v) ccs
F'� Ia,DICE UnlrTi
1; r
AMCJNT CAT
44h!-N'UT(SAN DIMAS FUND
1i)1441i-4�_�5--
cl E _ KT`,_I`
TCTH'_
G'ti:Er IIc
TU T AL
r,L,C
L
LIL-I'744 100'
1-34 7 S'.'
__
FEI_aTIM" REPIU .
12G .01
To -_
TGT„_
YOUICHccti
12!.t'=
-�
i'L "EN --10;
120. 1)
QILI,;.�
C'77-2::''ice--
----
, „�-.E'u�-c'- . _-14:
•i,
T'iT"L
PREPAIDS
00
TOT
.'Dt PuER_
Of,
TOTAL
CUE VENDOR
.DD
WEST roAmT AFKR17S IN'
00155C3-4550'--
1642'
TREE MAINT SVCS -v/3+ /9"I
1,`90.00
TOTAL
FREPAIDS
.U{)
TOTAL
VOUn_HERE,
TOTAL
2UE VENDOR
1.600.00
+tAzC_�717.7
--I'-- :L:--
41: :
SULS_;)F'TN RNb#L-FLS!'' CLOMw'
1 "`.�i'
CITY OF UTAMUNU CAR
AGENDA REPORT
AGENDA NO. G► , 5�
TO: Terrence L. Belanger, City Manager
MEETING DATE: November 02, 1999W\ REPORT DATE: October 25,1999
FROM: Linda G. Magnusorf,-Finance Director
TITLE:
Treasurer's Report – September 30, 1999
SUMMARY:
Submitted for the City Council's review and approval is the Treasurer's Statement for the month of September
1999
24101911'il,T11:4►IIT.I [e7
Review and approve.
LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification
Resolution(s) ^ Bid Specification (on file in City
Clerk's office)
_ Ordinance(s) _ Other:
_ Agreement(s)
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
1. Has the resolution, ordinance or agreement been reviewed
_ Yes
_ No
by the City Attorney?
2. Does the report require a majority vote?
_ Yes
—No
3. Has environmental impact been assessed? N/A
_ Yes
_ No
4. Has the report been reviewed by a Commission? N/A
_ Yes
_ No
Which Commission?
5. Are other departments affected by the report? N/A
_ Yes
, No
Report discussed with the following affected departments:
REVIEWED BY:
(PZ. J,-
Terrence L. Belanger
City Manager
DEPARTMENT HEAD:
Linda G. Magnuso
Finance Director
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: November 02, 1999
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: Treasurer's Statement — September 30, 1999
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 September 1999, 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
September 1999. 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.
PREPARED BY:
Linda G. Magnuson
TRCAOURER-3 MONTML7 CAM 3TATEMENT
September 30, 1999
TOTAL INVESTMENTS
TOTAL CASH
$25,192,018.63
$25,191,571.73
Note: The City of Diamond Bar is invested In the State Treasurer's Local Agency Investment Fund, All funds are available for withdre
within 24 hours. Investment in the Local Agency Investment Fund is allowed under the City's formally adopted investment po
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 dally basis from the City's bank accounts and are invested overnight into an investment poo
of US Treasury Notes, Interest is credited to the City's bank account on a monthly basis
L,A.I.F - Effective Yield for August 1999 5.225%
Money Market -Effective Yield for June 1999 4.398%
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
estim ed expenditures.
Terrence L. Belanger, Treasurer
BEGINNING
TRANSFERS
ENDING
BALANCE
RECEIPTS
DISBURSEMENTS
IN (OUT)
BALANCE
GENERAL FUND
$13,086,970.14
$3,340,884.43
$3,464,165.81
$12963,688.76
LIBRARY SERVICES FUND
103,784.79
852,85
102,931.94
COMMUNITY ORG SUPPORT FD
4,906.26
1,200.00
3,706,26
GAS TAX FUND
3,544,156.04
114,676.88
25,727,46
3,633,105.46
TRANSIT TX (PROP A) FD
1,763,642.40
35,479.65
79,772.27
1,719,349.78
TRANSIT TX (PROP C) FD
2,045,165.91
87,716.87
5,162.58
2,127,720.20
INTEGRATED WASTE MGT FD
203,974.18
41,269.78
10,823.43
234,420,53
AIR QUALITY IMPRVMNT FD
170,197.58
1,778.15
168,419.43
TRAILS & BIKEWAYS FD (SB 821)
30,822.23
30,822.23
PARK FEES FUND
171,673.69
519.12
171,154.57
S PARKS GRANT (PRP A) FD
(0.00)
(0.00)
FACILITIES & PARK DEVEL. FD
1,431,012.46
1,431,012.46
COM DEV BLOCK GRANT FD
188,781.76
27,286.00
233,151.12
(17,083.36)
CITIZENS OPT -PUBLIC SAFETY FD
140,148.88
129,460.83
6,005.97
263,603.74
NARCOTICS ASSET SEIZURE FD
326,212.70
326,212.70
LANDSCAPE DIST #38 FD
563,495.23
0.53
19,924.24
543,571.52
LANDSCAPE DIST #39 FD
192,698.96
10,768,14
181,930.82
LANDSCAPE DIST #41 FD
316,334.08
31,782.23
284,551,85
GRAND AV CONST FUND
139,130,78
139,130,78
CAP IMPROVEMENT PRJ FD
(167,671.67)
470,288.75
330,130.30
(27,513,22)
SELF INSURANCE FUND
912,332.13
1,496.85
910,835.28
TOTALS
$25,1671768.53
$4,247,063.72
$4,223,260.52
$0.00
$25,191,571.73
SUMMARY OF CASH:
DEMAND DEPOSITS:
GENERAL ACCOUNT
($62,453,70)
PAYROLL ACCOUNT
61, 256.80
CHANGE FUND
250.00
PETTY CASH ACCOUNT
500.00
TOTAL DEMAND DEPOSITS
($446.90)
INVESTMENTS:
US TREASURY Money Market
Acct.
$694,835.08
LOCAL AGENCY INVESTMENT
FD
24,497,183.55
TOTAL INVESTMENTS
TOTAL CASH
$25,192,018.63
$25,191,571.73
Note: The City of Diamond Bar is invested In the State Treasurer's Local Agency Investment Fund, All funds are available for withdre
within 24 hours. Investment in the Local Agency Investment Fund is allowed under the City's formally adopted investment po
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 dally basis from the City's bank accounts and are invested overnight into an investment poo
of US Treasury Notes, Interest is credited to the City's bank account on a monthly basis
L,A.I.F - Effective Yield for August 1999 5.225%
Money Market -Effective Yield for June 1999 4.398%
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
estim ed expenditures.
Terrence L. Belanger, Treasurer
CITY OF DIAMOND BAR
AGENDA REPORT
AGENDA NO. ,�o
TO: Honorable Mayor and Members of the City Council
MEETING DATE: November 2, 1999
REPORT DATE: October 25, 1999
FROM: Terrence L. Belanger, City Manager
TITLE: Communications Site Lease for the Eastgate Reservoir Site
SUMMARY: On November 7, 1989 the City of Diamond Bar entered into a ten (10) year
Communications Site Lease with the Walnut Valley Water District for certain land commonly known as
the Eastgate Reservoir. The City leased a certain portion of said land for the purpose of establishing a
Communications Site. The Lease terminates November 30, 1999. Therefore, in order to continue to
lease the property for another ten (10) years, the City of Diamond Bar must sign the necessary
documents to execute a new Communications Site Lease.
RECOMMENDATION:
It is recommended that the City Council of the City of Diamond Bar authorize the execution of a new
ten (10) year Communications Site Lease.
LIST OF ATTACHMENTS
EXTERNAL DISTRIBUTION:
X Staff Report
_ Resolution(s)
Ordinance(s)
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?
R IEWED BY:
Terrence L. Belanger Anne Haraksin
City Manager Sr. Administrative Assistant
_Public Hearing Notification
_ Bid Specification
X Other: Agreement
XYes
_ No
X Yes
_ No
N/A _ Yes
_ No
N/A _ Yes
_ No
Yes
X No
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: November 2, 1999
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: Communications Site Lease for the Eastgate Reservoir Site
ISSUE STATEMENT:
Shall the City Council of the City of Diamond Bar execute a new Communications Site
Lease with the Walnut Valley Water District for the Eastgate Reservoir?
RECOMMENDATION:
It is recommended that the City Council of the City of Diamond Bar authorize the
execution of a new Communications Site Lease with the Walnut Valley Water District
for the Eastgate Reservoir.
FINANCIAL SUMMARY:
The Walnut Valley Water District recommends a change in rent. When the contract was
originally executed (November 7, 1989), the City paid to the District as rent the sum of
$500.00 for the first year and $100.00 per year for each year thereafter. The new contract
stipulates that the City is to pay to the District as rent the sum of $1,000 for the first year
and $150.00 per year for each year thereafter.
The fee for electricity to the reservoir site will remain the same. The City shall pay
quarterly upon receipt of invoice, one-sixth (1/6) of the amounts billed to the District for
electricity to the Reservoir site, or $10.00, whichever is greater. At the execution of this
extended Lease, the City shall deposit the sum of $100.00, from which deposit such
portion of the electrical bills will be paid.
BACKGROUND/DISCUSSION:
In November, 1989, the City entered into a ten (10) year Communications Site Lease
with the Walnut Valley Water District for certain land commonly known as the Eastgate
Reservoir. At the time, the City leased the land for the purpose of establishing a
Communications Site. During the past ten (10) years, the premises has been used for the
operation and maintenance of the following communication equipment:
A VHF radio repeater station with an operating frequency of 146.64 mhz/-600 khz
contained in a 5' x 2' x 2.5' weatherproof equipment cabinet bolted to a concrete slab
with connections to a five foot high Omni -directional two -meter antenna mounted atop a
30 foot high wooden telephone pole.
The Diamond Bar Amateur Radio Society (DBARS) reviewed the original Lease and
recommend a verbiage change in order to provide flexibility to the City. The original
document stipulates that the premises shall be used solely for the operation and
maintenance of the aforementioned communication equipment and actually lists the
equipment. Rather, DBARS recommends a more non-specific purpose. Thus, the
mention of the specific communication equipment is deleted from the new Lease.
The Communications Site Lease terminates on November 30, 1999. Therefore, it is
imperative that the City authorize and execute a new Lease in order for the City to house
said communication equipment. The Walnut Valley Water District's Board of Directors
approved the execution of a new Lease at their meeting held on October 19, 1999.
Attachments
Elect nn D v s,o,, 1 Diamond Bar, CA 91765
STAFF
hare_, Power_ RE: Communications Site Lease — Eastgate Reservoir
uene,<., Nlanace
Jer'rtl8 r'
Bernadette Galindo Dear Ms. Haraksin:
-rea- ire
-EGA— COUNSE_ Enclosed you will find two copies of the Communications Site Lease renewal for
r.. Jess Seneca your current communications antenna at Eastgate Reservoir, a sketch of the
reservoir indicating the location where the antenna is mounted, and an invoice
indicating the costs due in order to renew the lease.
The District has reviewed your request for changes to the original lease and, upon
advice of legal counsel, the enclosed lease with changes was approved by the
Board of Directors at their meeting held on October 19, 1999.
Please sign both copies of the lease and return them for our execution along with
your remittance and a Certificate of Insurance issued under the guidelines as
outlined in the lease. Upon signature by the President of the Board, we will return
one fully -executed original for your files.
If you have any questions, please feel free to contact the undersigned at Ext. 244.
Very truly yours,
WALNUT VALLEY WATER DISTRICT
exl _ O WA vm4
Erik Hitchman
Director of Engineering & Planning
cc: Bernadette Galindo
Enclosures
W D\ENGMAntennaStte\CttyDBLet
WALNUT VALLEY WATER DISTRICT
3P •�-�«-• �l
BOARD OF DIRECTORS
27, Soutn Brea Canyon Roaa - PC Box 50F
Keith K. Gunn
Walnut California 91789-3002 - (9091 595-'.268 • (6261 96L-655'
FR,
°resident
FAX (909, 594-953
DIS�
Election Division V
Edward N. Layton
October 20, 1999
Vice Presider.
Election Division li
William G. Wentworth
Vice Gresicienr
Election Divistor
Donald L. NettleE
Assistant Treasure,
Ms. Anne M. Haraksin
Eiec;ror, Division Ir
City of Diamond Bar
Richard C. Enodahi
Directs-
21660 E. Copley Dr., Suite 100
Elect nn D v s,o,, 1 Diamond Bar, CA 91765
STAFF
hare_, Power_ RE: Communications Site Lease — Eastgate Reservoir
uene,<., Nlanace
Jer'rtl8 r'
Bernadette Galindo Dear Ms. Haraksin:
-rea- ire
-EGA— COUNSE_ Enclosed you will find two copies of the Communications Site Lease renewal for
r.. Jess Seneca your current communications antenna at Eastgate Reservoir, a sketch of the
reservoir indicating the location where the antenna is mounted, and an invoice
indicating the costs due in order to renew the lease.
The District has reviewed your request for changes to the original lease and, upon
advice of legal counsel, the enclosed lease with changes was approved by the
Board of Directors at their meeting held on October 19, 1999.
Please sign both copies of the lease and return them for our execution along with
your remittance and a Certificate of Insurance issued under the guidelines as
outlined in the lease. Upon signature by the President of the Board, we will return
one fully -executed original for your files.
If you have any questions, please feel free to contact the undersigned at Ext. 244.
Very truly yours,
WALNUT VALLEY WATER DISTRICT
exl _ O WA vm4
Erik Hitchman
Director of Engineering & Planning
cc: Bernadette Galindo
Enclosures
W D\ENGMAntennaStte\CttyDBLet
CITY OF DIAMOND BAR
AGENDA REPORT
AGENDA NO.
TO: Terrence L. Belanger, City Manager
MEETING DATE: November 2, 1999 REPORT DATE: October 28,1999
FROM: Bob Rose, Community Services Director
TITLE: Approval of Purchase Order for Holiday Banners
SUMMARY: On October 19, 1999, the City Council authorized the installation of 148 holiday banners
throughout the City. Total cost for this program will not exceed $33, 900. Per the Purchasing Ordinance,
purchases in excess of $15,000 require City Council approval. The firm that has submitted the best price and
can meet the deadline for installation is Dekra-Lite. Banners will be installed on December 1 through
December 4.
RECOMMENDATION: It is recommended that the City Council authorize the purchase of up to 148
holiday vertical banners from Dekra-Lite in an amount not to exceed $33,900.
LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification
Resolution(s) _ Bid Specification (on file in City Clerk's office)
_ Ordinance(s) _ Other:
_ Agreement(s)
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
1. Has the resolution, ordinance or agreement been reviewed
_ Yes
X No
by the City Attorney?
2. Does the report require a majority vote?
X Yes
_ No
3. Has environmental impact been assessed?
_ Yes
X No
4. Has the report been reviewed by a Commission?
_ Yes
X No
Which Commission?
5. Are other departments affected by the report?
_ Yes
X No
Report discussed with the following affected departments:
REVIEWED BY:
Terrence L. Belanger Ja s DeStefano
City Manager Deputy City Manager
Community Services Director
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: November 2, 1999
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: Approval of Purchase Order for Holiday Banners
ISSUE STATEMENT: The Purchasing Ordinance requires that purchases over $15,000 have City Council approval.
RECOMMENDATION:
It is recommended that the City Council authorized the purchase of up to 148 holiday vertical banners from Dekra-Lite in an
amount not to exceed $33,900.
FINANCIAL SUMMARY: Funds totaling $33,900 for this program were authorized by the City Council at its meeting on
August 3, 1999. The posing of 148 banners was authorized on October 19, 1999. The cost to post 148 banners is
estimated to be $32,900.
BACKGROUND: At its meeting on October 19, 1999, the City Council authorized the purchase and installation of 148
vertical street banners, which will have a holiday theme. The maximum cost for these banners is $33,900. The firm that
has provided the best price and can meet the deadline for installation is Dekra-Lite. Banners will be installed on the dates
of December 1 through December 4.
DISCUSSION: The Purchasing Ordinance requires that purchases over $15,000 have City Council approval. The
purchase order for this purchase will not exceed $33,900. Staff is seeking City Council approval for this amount.
PREPARED BY: Bob Rose, Community Services Director
CITY OF DIAMOND BAR
.sc�xD.% x�ro�sr
AGENDA NO. 6, Y
TO: Honorable Mayor and Members of the City Council
MEETING DATE: November 2, 1999 REPORT DATE: October 25, 1999
FROM: Terrence L. Belanger, City Manager
TITLE: ORDINANCE NO. 13 (1999): AN ORDINANCE OF THE CITY OF DIAMOND BAR
ESTABLISHING ADMINISTRATIVE PROCEDURES AND PENALTIES FOR VIOLATIONS
OF THE DIAMOND MUNICIPAL CODE AND AMENDING THE DIAMOND BAR MUNICPAL
CODE
SUMMARY:
On October 19, 1999 the City Council reviewed code enforcement policy and approved first reading of Ordinance
No. 13 (1999) adopting administrative procedures and penalties for violations of the Municipal Code. In addition,
the City Council adopted Resolution No. 99-77 establishing fines and penalties for violations of the Municipal Code.
The use of proactive code enforcement policies and civil citation procedures are designed to improve the timeliness
and effectiveness of the code compliance program.
RECOMMENDATION:
It is recommended that the City Council approve for second reading, by title only, and adopt Ordinance No. 13
(1999).
LIST OF ATTACHMENTS
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
X Staff Report
_ Resolutions
X Ordinances
Agreements
Public Hearing Notification
Bid Specification (on file in City Clerk's Office)
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?
Which Commission?
5. Are other departments affected by the report?
Report discussed with the following affected departments:
REVI �j
Y:
Terrenc L. Belanger
City Manager
X Yes No
X Yes
No
Yes
No
X Yes
No
Planning Commission
X Yes
No
Public Works Division
GI
J s DeStefano
Deputy City Manager
CITY COUNCIL REPORT
Agenda No.
MEETING DATE: November 2, 1999
TO: Honorable Mayor and Members of the City Council
FROM: Terence L. Belanger, City Manager
SUBJECT: ORDINANCE NO. 13 (1999): AN ORDINANCE OF THE CITY OF
DIAMOND BAR ESTABLISHING ADMINISTRATIVE PROCEDURES
AND PENALTIES FOR VIOLATIONS OF THE DIAMOND MUNICIPAL
CODE AND AMENDING THE DIAMOND BAR MUNICPAL CODE
DATE: October 25, 1999
Issue Statement
Shall the City Council approve second reading and adopt the recommended Ordinance
prepared to utilize Citation Authority as an additional tool to strengthen enforcement of its
Codes?
Recommendation
It is recommended that the City Council approve for second reading, by title only, and adopt
Ordinance No. 13 (1999).
Background
The City Council established a Subcommittee to meet with City Staff to review code
enforcement policies and procedures. The current code enforcement policy is to operate on
a "complaint only" or "reactive" basis. The Subcommittee recommended the use of
"proactive" code compliance policies incorporating civil citation procedures to gain timely and
effective compliance. On October 19, 1999 the City Council approved first reading of
Ordinance No. 13 (1999) establishing administrative procedures and penalties for violations of
the Municipal Code. In addition, the City Council adopted Resolution No. 99-77 which sets
forth fines and penalties for violations of the Municipal Code.
Memo to Honorable Mayor and Members of the City Council
Page 2
October 25, 1999
Civil Citation Procedures have been prepared to implement the proposed Ordinance. The
Procedures establish the citation process, appeals hearing process, and all other matters to
be considered for citation enforcement.
Prepared by:
James DeStefano
Deputy City Manager
Attachments
1. Civil Citation Procedures
2. Ordinance No. 13 (1999)
CIT
Ili����lO'I) HAR
CITY OF DIAMOND BAR
CIVIL CITATION PROCEDURES
NOVEMBER 1999
CIVIL CITATION PROCEDURES
TABLE OF CONTENTS
SECTION
PAGE #
SECTION 1
- GOVERNING STATUTE
5
1.1
GENERAL PURPOSE
5
1.2
AUTHORITY
5
1.3
CIVIL CITATION INFORMATION
5
1.4
AMOUNT OF FINES
6
1.5
PAYMENT OF THE FINE
6
SECTION 2
- THE HEARING PROCESS
7
2.1
HEARING REQUEST
7
2.2
GENERAL APPROACH TO HEARING
7
2.3
EVIDENCE REQUIRED TO SUSTAIN THE CITY'S CASE
8
2.4
EXAMINING THE CITATION TO ESTABLISH PRIMA
8
FACIE CASE
2.5
THE CONTESTING PARTY'S CASE
8
2.6
THE DECISION
10
2.7
LATE PENALTIES
10
2.8
DISMISSAL OF LATE PENALTIES
10
2.9
FINE AMOUNTS
11
2.10
PRIOR DISMISSALS/PRECEDENCE
12
2.11
PRIOR HISTORY OF VIOLATIONS
12
2.12
DUPLICATE CITATIONS
12
2 11/2/99
CIVIL CITATION PROCEDURES
TABLE OF CONTENTS
SECTION
PAGE #
SECTION 3
- HEARING PROCEDURES
12
3.1
PRE -HEARING PROCEDURES
12
3.2
BEGIN THE HEARING
13
3.3
REVIEW THE PRIMA FACIE CASE
13
3.4
IF THE PLEA IS: "ADMIT LIABILITY WITH EXPLANATION"
14
3.5
IF THE PLEA IS: "DENY LIABILITY"
14
3.6
CLOSE THE HEARING
15
3.7
RENDER A DECISION
15
3.8
SUMMARY OF HEARING OFFICER'S MAJOR TASKS
15
3.9
SPECIAL SITUATIONS
15
3.10
WAIVER OF FINE DEPOSIT
16
3.11
GUIDELINES FOR ACCEPTING PAYMENT PLANS
17
3.12
SUMMARY OF HEARING PROCESS
17
SECTION 4
- CONTINUANCES
18
4.1
PRE -HEARING CONTINUANCES
18
4.2
CONTINUANCES FOR FURTHER PROOF AFTER HEARING
18
COMMENCES
4.3
OTHER CONTINUANCES
19
4.4
PROCEDURE FOR RECORDING CONTINUANCES
19
3 11/2/99
CIVIL CITATION PROCEDURES
TABLE OF CONTENTS
SECTION
SECTION 5 - RIGHT TO JUDICIAL REVIEW
5.1 APPEALS
PAGE #
19
19
APPENDIX
I -
CIVIL CITATION ORDINANCE (#99 -XX)
APPENDIX
II -
CIVIL FINES AND PENALTIES RESOLUTION (#99 -XX)
APPENDIX
III -
SAMPLE CIVIL CITATION
APPENDIX
IV -
ADMINISTRATIVE CITATION HEARING FINE DEPOSIT
HARDSHIP WAIVER REQUEST
APPENDIX
V -
CIVIL CITATION ADMINISTRATIVE HEARING REQUEST
APPENDIX
VI -
CIVIL CITATION ADMINISTRATIVE HEARING
DISPOSITION
APPENDIX
VII -
ADMINISTRATION CITATION SCHEDULE FOR COMMON
OFFENSES
4 11/2/99
CIVIL CITATION PROCEDURES
SECTION 1 - GOVERNING STATUTE
1.1 GENERAL PURPOSE
The City Council has approved the Civil Citation Ordinance (No. 99-13) which
establishes an alternative enforcement tool. The Ordinance allows Municipal Code
violations to be processed in a civil manner, thereby providing an efficient code
enforcement process and reducing the necessity of a criminal prosecution.
1.2 AUTHORITY
Chapter 1.04 of the Diamond Bar Municipal Code, enacted by the Diamond Bar City
Council through Ordinance No. 99-13, establishes general provisions and regulations
providing for a civil citation process to adjudicate violations of the City code.
1.3 CIVIL CITATION INFORMATION
A sample of a civil citation is provided in the Appendix. The following guidelines are
provided concerning the issuance and the content of administrative citations:
A. Whenever an Enforcement Official, as defined by Section 1.04.020 of Ordinance
No. 99-13, determines that a violation of that -provision has occurred, the
Enforcement Official shall have the authority to issue a Civil Citation to any
person responsible for the violation.
B. Each Civil Citation shall contain the following information:
1. Name of the Citee who is charged as a responsible person for the
violation.
2. Date or dates on which the violation existed for which a fine is being
charged.
3. Municipal Code section (or sections) violated.
4. Address where the violation occurred.
5. Description of the violation.
6. Amount of the fine for the violation and how to pay the fine and avoid a
late payment penalty.
7. The procedure for requesting an Administrative Hearing on the
violation.
5 11/2/99
CIVIL CITATION PROCEDURES
8. Notice that the violation is a nuisance and that collection of unpaid fines
and/or nuisance abatement costs can be enforced as an assessment or
lien against the property where the violation occurs and that unpaid
assessments can result in the property being sold after three years by
the County Assessor. Assessments and liens for the fine can be
contested at an administrative hearing.
9. Name of the Enforcement Official issuing the citation.
1.4 AMOUNT OF FINES
A. The amounts of the fines for Code violations imposed pursuant to this Chapter
shall be set forth in the Schedule of Fines and Penalties established by
Resolution of the City Council.
B. The Schedule of Fines and Penalties shall specify any increased fines for repeat
violations of the same Code provision by the same person within one year from
the date of a Civil Citation.
C. The Schedule of Fines and Penalties shall specify the amount of any late
payment charges imposed for the payment of a fine after its due date.
1.5 PAYMENT OF THE FINE
A. The fine shall be paid to the City within thirty (30) days from the date of the
Civil Citation.
B. Any Civil Citation fine paid pursuant to subsection A, shall be refunded in
accordance with Section 1.04.150 of Ordinance No. 99-13 if it is determined, after
an Administrative Hearing, held in accordance with Section 1.04.080, that the
person charged in the Civil Citation was not responsible for the violation or that
there was no violation as charged in the Civil Citation.
C. Payment of a fine under this Chapter shall not excuse or discharge any
continuation or repeated occurrence of the Code violation that is the subject of
the Civil Citation.
SECTION 2 - THE HEARING PROCESS
2.1 HEARING REQUEST
A. Any recipient of a Civil Citation may contest that there was a violation of the
Code or that he or she is the Responsible Person by completing an
Administrative Hearing Request Form and returning it to the City within thirty
6 11/2/99
CIVIL CITATION PROCEDURES
(30) days from the date of the Civil Citation, together with an advance deposit
of the fine, unless waived, and the Administrative Hearing Fee, pursuant to
Section 1.04.090 of Ordinance No. 99-13.
B. A Request for Hearing Form may be obtained from the City department specified
on the Civil Citation.
C. The person requesting the hearing shall be notified of the time and place set for
the hearing at least ten (10) days prior to the date of the hearing.
D. If the Enforcement Officer submits an additional written report concerning the
Civil Citation to the Hearing Officer for consideration at the hearing, then a copy
of this report shall also be given to the person requesting the hearing.
2.2 GENERAL APPROACH TO HEARING
A. Informality of the Hearing
The Hearing is an informal proceeding in that the strict rules of evidence
applicable in a court trial do not apply. However, each party will have the
opportunity to present evidence and to cross-examine any witnesses. The
Hearing Officer should make clear to the contesting party that the hearing is
not being conducted under the strict rules of evidence. Despite the relative
informality, each Hearing is recorded on tape so that a record of the proceeding
is preserved. The final decision in a Hearing should be rendered in writing to
the contesting party using the designated form.
B. The Role of the Hearing Officer
The Hearing Officer has the following responsibilities:
Explain the Hearing procedure.
2. Examine the citation for any defects.
3. Listen to the contesting party's testimony, consider all evidence received,
including any discrepancies elicited during the questioning, and render
a decision based on the facts of the case and applicable laws.
4. Question the contesting party, and any witnesses, to determine the
credibility of their claims and authenticity of any documents presented.
5. Allow for cross examination by any Enforcement Official or other City
representative.
It is essential that a Hearing Officer remain independent and impartial. The
7 11/2/99
CIVIL CITATION PROCEDURES
Hearing Officer does not "represent" the City in a hearing but rather "conducts"
the hearings and renders a decision in accordance with the rules, regulations,
and policies and procedures established by applicable laws.
2.3 EVIDENCE REQUIRED TO SUSTAIN THE CITY'S CASE
The Civil Citation Ordinance provides that a properly completed Civil Citation is prima
facie evidence of a violation. Where in the opinion of the City Manager, the citation is
determined to be improperly issued, the City Manager may dismiss the citation. What
this means is that once a citation is determined to be properly completed, a prima facie
case is established that the violation occurred. An Enforcement Official is not required
to appear at the hearing.
If the contesting party wishes to successfully contest the allegations contained in a Civil
Citation, the contesting party must present a preponderance of credible evidence as
weighed against the prima facie case. A preponderance of evidence is evidence of
greater weight when weighed against the evidence opposing it, and has more convincing
force or a greater probability of truth. The contesting party must establish an
affirmative defense or a preponderance of credible evidence as measured against the
City's prima facie case to show either that the violation did not occur or that the
contesting party was not the Responsible Person liable for the violation.
2.4 EXAMINING THE CITATION TO ESTABLISH PRIMA FACIE CASE
The City's case, depending on the Municipal Code Section cited, generally is limited to
the production of a copy (or computer printout) of the citation and supporting
documents. When a hearing commences, the Hearing Officer should first examine the
citation. Every civil citation is to contain the information required under Section
1.04.040 of Ordinance No. 99-13.
2.5 THE CONTESTING PARTY'S CASE
Once the prima facie case has been established, the contesting party may present his
or her case.
A. The Contesting Party's Defense
Generally, the Hearing Officer should simply let the contesting party present all
of his/her testimony. The Hearing Officer must afford the contesting party a fair
opportunity to establish his/her defense. The Hearing Officer must always avoid
prejudging the case, remaining open-minded and attentive. It is important to
hear and endeavor to understand what the contesting party is saying. When a
contesting party has difficulty communicating in the English language, the
Hearing Officer shall attempt to secure the services of a translator, the selection
of whom shall be amenable to both the contesting party and the City. Special
arrangements shall be made when a contesting party's hearing or vision is
8 11/2/99
CIVIL CITATION PROCEDURES
severely impaired or other physical disability exists.
B. The Contesting Party's Witnesses
The Hearing Officer should allow the contesting party to call as many witnesses
as are reasonably needed to substantiate his/her explanation. The Hearing
Officer should listen to the testimony of each witness and question as necessary.
However, the Hearing Officer should use discretion to limit the testimony and/or
number of witnesses on the basis of redundancy or irrelevancy of the
information. While a witness is testifying, the Hearing Officer may require that
other witnesses wait outside the hearing room until called.
C. The Contesting Party's Documents
The contesting party may submit any relevant documents. Each document must
be retained by the Hearing Officer as part of the hearing record.
While a contesting party may present any relevant documentary evidence, the
Hearing Officer must attempt to determine the authenticity and the amount of
credibility assigned to the documents.
A copy of any document submitted must be retained in the file. It constitutes a
part of the record for purposes of a possible appeal. For the documents that the
contesting party must retain, a complete copy should also be made for the official
file. If the contesting party wishes to withdraw an item from evidence,
the Hearing Officer should explain the possible consequence to the
defense and that the document might not be subsequently accepted by
an appeal to civil court. If the contesting party persists, be certain that the
contesting party states on the record the exact items that are being withdrawn
and that the contesting party is withdrawing the items of their own volition. As
a matter of routine practice, the Hearing Officer should read into the record any
evidence submitted, or describe any items or objects (such as pictures, charts,
invoices, etc.) No case should be continued solely because the contesting party
failed to bring all of the available documents that may be pertinent to the
hearing.
2.6 THE DECISION
A. Determination
After the Hearing Officer has heard and weighed all the evidence, a ruling must
be made. The facts, as determined by the Hearing Officer, must be evaluated in
light of the specific Municipal Code section(s) cited. The Hearing Officer must
determine whether the contesting party has overcome the City's prima facie case
by establishing a sufficient defense by a preponderance of the evidence.
9 11/2/99
CIVIL CITATION PROCEDURES
If the contesting party proves the defense to the Hearing Officer's satisfaction,
the citation would be dismissed. If the contesting party has not presented a
credible defense, the contesting party must be found liable and pay the fine.
Either the contesting party has adequately proven a defense or the defense has
failed.
A contesting party found liable must pay the fine. The Hearing Officer must set
out a fine payment schedule for those who previously obtained Fine Deposit
Hardship Waivers.
Normally, the Hearing Officer will not leave the hearing room while
deliberating. The Hearing Officer's decision is final for the Administrative
Hearing. A written notification of the Hearing Officer's decision will be either
given to the contesting party at the end of the hearing or mailed to the contesting
party within 30 days of the hearing.
B. Rationale for the Finding
The Hearing Officer's decision and reason for the decision should be documented
on the Administration Disposition Hearing Form. This document together with
the evidence package should be returned to the Code Enforcement Section.
2.7 LATE PENALTIES
Any fine amount imposed pursuant to Chapter 1.04.060 of Ordinance No. 99-13 and
Resolution No. 99-13 shall be deemed late if it is not paid in accordance with the terms
and provisions of Chapter 1.04.170. Any person who fails to pay to the City the amount
of any fine imposed pursuant to the provisions of Chapter 1.04.060 of Ordinance 99-13
and Resolution No. 99-13 on or before the date that fine amount is due shall be liable
for the payment of an additional late payment penalty.
2.8 DISMSSAL OF LATE PENALTIES
The Hearing Officer has the authority to dismiss late penalties which have accrued, but
only in the case that the contesting party has demonstrated by a preponderance of
evidence that he or she did not have notice of the violation (e.g., did not receive the
original citation).
If the citation reflected an incorrect fine, or if the money paid was not enough to fully
satisfy the fine, the possibility of confusion may be considered as justification for
waiving a delinquency penalty.
The situation is much more complicated when the contesting party claims that notices
went to the wrong address. If the contesting party adequately demonstrates that a lack
of notice under these circumstances precluded timely payment, late penalties may be
10 11/2/99
CIVIL CITATION PROCEDURES
dismissed, but only when the contesting party also establishes that the original copv of
the citation was not received.
The Hearing Officer should be wary of the contesting party who claims not to have seen
or received the original citation(s). When such a claim is advanced, the Hearing Officer
must assess the contesting party's credibility and powers of recollection.
Other situations that the Hearing Officer may encounter include:
1. A lack of funds does not preclude responding in a timely manner. It should be
remembered that anyone who is issued a citation is held responsible for paying
the fine or contesting the citation in a timely manner. A person who cannot
afford advance deposit of the fine can apply for hardship waiver of the fine
deposit.
2. A lost citation is not sufficient to mitigate a late payment penalty.
3. A statement that the contesting party did not realize liability would increase
because he/she responded after the due date may not be accepted for any
reduction of the amount due.
4. If a citation is dismissed or the contesting party is found not liable, no
delinquency penalty shall be imposed, regardless of the fact that there may have
been lateness in the contesting party's response.
5. The best proof of payment is a canceled check, money order, or cashier's receipt,
all of which should contain the number of the citation claimed to have been paid.
2.9 FINE AMOUNTS
Fine amounts are set only by the City of Diamond Bar pursuant to Resolution No. 99-13. The
fact that the City may revise the fine amounts from time to time does not give a Hearing Officer
the authority to adjust fine amounts to achieve "uniformity."
The violator must be charged the fine amount authorized by the City at the time the citation
was issued. However, if the citation reflected an incorrect fine amount, the possibility that the
contesting party was confused should be given considerable weight when reviewing the
appropriateness of suspending a delinquency penalty.
2.10 PRIOR DISNIISSALS/PRECEDENCE
It is possible that a Hearing Officer may discover that a Hearing is being held for a citation that
has been previously dismissed. Such a case should be dismissed.
With the exception of a prior dismissal of a particular citation, however, a prior decision on a
different citation (by any Hearing Officer) does not have the force of precedence, even if the
11 11/2/99
CIVIL CITATION PROCEDURES
earlier decision was for the same type of violation and under very similar circumstances.
Regardless of prior rulings, the Hearing Officer must consider each case on its own merits. A
prior dismissal may, after all, have resulted from an error or been based on a subjective
judgement of credibility and/or an analysis of the evidence with which another Hearing Officer
might not agree.
2.11 PRIOR HISTORY OF VIOLATIONS
The fact that an individual has received other (or similar) citations in the past, or has conceded
the validity of prior citations by making payment, or appealed prior citations, should not be
used as a basis to conclude that the contesting party is "liable" in subsequent hearings. The
existence of other citations may be relevant to the issue of notice (i.e., an earlier citation at the
same location for the same type of violation may weaken a responding party's contention that
he/she was unaware of the code requirements).
2.12 DUPLICATE CITATIONS
It is the policy of the City of Diamond Bar to dismiss a citation for a non -egregious offense if
another citation was issued at the same location, for the same violation, on the same
calendar day of the first citation.
SECTION 3 - HEARING PROCEDURES
The purpose of this section is to provide the Hearing Officer(s) and the City department issuing
the citation with guidelines and procedures for scheduling and conducting the hearing.
3.1 PRE -HEARING PROCEDURES
A. The Code Enforcement Section will prepare a file for each case to be heard. The
file must contain a copy of the citation(s) contested and a Hearing Disposition
Form.
B. Upon the contesting party's arrival, the Hearing Officer will verify the contesting
party's name and the citation number with information provided and note the
date, time, and location of the hearing.
C. The Hearing Officer will provide the contesting party a brief description of the
hearing process and of his/her rights and responsibilities.
3.2 BEGIN THE HEARING
A. Start the tape recorder and inform the contesting party of this action.
B. State the date and time and instruct the contesting party to give his/her name
and address for the record.
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C. Ask the contesting party if he/she is the owner of the location where the violation
occurred. If not, ask him/her to state their relationship to the owner or interest
in the proceeding, if any.
D. If witnesses are present ask them to give their name and address for the record.
E. Have the contesting party and witness recite the following oath: "Do you affirm,
under penalty of perjury, that the testimony you give will be the truth?" If yes,
please say, "I do."
F. Excuse all witnesses and inform them that they will be recalled when it is their
turn to testify.
G. Read the citation number, date, time, location and type of violation into the
record.
H. Request that the contesting party "admit liability with explanation" or "deny
liability" for the record.
3.3 REVIEW THE PRIMA FACIE CASE
A. Examine the citation to determine if the statutorily required and pertinent
information has been entered by the issuing officer.
B. If any vital information is missing, dismiss the citation.
C. If no required information is missing, follow steps outlined in 3.4 for a plea of
"admit liability with explanation" or follow steps outlined in 3.5 for a plea of -
"deny liability."
3.4 IF THE PLEA IS: "ADMIT LIABILITY WITH EXPLANATION"
A. If the contesting party admits liability but desires to submit a mitigating
explanation, ask the contesting party to testify to or provide any relevant
information or evidence of the mitigating circumstances.
B. Following the testimony and/or information, ask the contesting party for the
record if there is any additional testimony or evidence he/she wishes to present.
C. If the testimony does not clearly set forth the mitigating circumstance, ask the
contesting party questions relating to the testimony.
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D. Call in witnesses, if needed, one by one. Ask the witnesses to present their
testimony for the record.
E. Review all documents and other supporting evidence. For the record, read aloud
or describe any documents presented. Place copies of all documentation or other
supporting evidence in the case file.
F. Ask the contesting party if there is any further testimony prior to closing the
hearing.
3.5 IF THE PLEA IS: "DENY LIABILITY"
A. Ask the contesting party to present his or her testimony or provide any
information or evidence explaining the circumstances of the violation.
B. Listen very carefully to the contesting party's testimony. If necessary, question
the contesting party to clarify points relating to the issuance of the citation.
Following the testimony, ask the contesting party for the record if there is any
additional testimony or evidence he/she wishes to present.
C. Call in witnesses, one by one. Ask the witnesses to present their testimony for
the record.
D. Review all documents and other supporting evidence. For the record, read aloud
or describe any documents presented. Place copies of all documentation or other
supporting evidence in the case file.
E. Ask the contesting party if there is any further testimony or evidence prior to
closing the hearing.
3.6 CLOSE THE HEARING
A. If the Hearing Officer is ready to render a decision, a verbal decision should be
tape recorded before the Hearing is closed.
B. Retain the Hearing Disposition Form and close the hearing.
C. Turn off the recorder and inform the contesting party of this action.
3.7 RENDER A DECISION
A. Make a decision on liability based on the testimony and evidence.
B. Enter the decision on the Hearing Disposition Form. Enter the total amount of
fine, if any, to be paid. If a Hardship Waiver was issued, and the citation is
upheld, define a payment schedule.
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C. Enter a brief written statement including the reasons for the decision on the
hearing decision form. If the citation contained different events, indicate which
events are dismissed or upheld.
D. The form with the decision will be either hand delivered or mailed to the
responsible party.
3.8 SUMMARY OF HEARING OFFICER'S MAJOR TASKS
• Read the citation into the record.
• Administer the oath.
• Record contesting party's name and address.
• Record the name and address of the responsible party and the contesting party's
relationship to the responsible party.
• Hear and examine the contesting party, any witnesses and all the evidence.
• Render a written decision including rationale for the findings.
3.9 SPECIAL SITUATIONS
A. The Represented Contesting Party
An appearance may be made for the contesting party with evidence of consent
from the contesting party. This party may be a co-owner (business partner,
spouse), competent family member, legal guardian (for either a minor or elderly
citee), executor of estate, property manager, or attorney.
The oath should be administered to the representative or agent in the same
manner as it would be administered to the responsible party.
B. Ethical Guidelines
If at any time a Hearing Officer is confronted with a contesting party, either
property owner or representative, and the Hearing Officer believes that he/she
may be biased for or against the contesting party, the Hearing Officer should
disqualify himself or herself.
If at any time, an approach is made by any person, including someone connected
with the City, that, either directly or by implication, attempts to influence the
Hearing Officer's decisions, the situation must immediately be brought to the
attention of the City Manager.
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At no time is any Hearing Officer or any other employee of the City to suggest,
arrange, or agree that any particular contesting party appear before any
particular Hearing Officer. Any such request or suggestion shall be immediately
reported to the City Manager. Failure to report such a suggestion or
arrangement may constitute grounds for contractual, legal or disciplinary action
against all parties withholding such knowledge.
3.10 WAIVER OF FINE DEPOSIT
Section 1.04.080 of Ordinance No. 99-13 requires that a request for hearing be preceded
by depositing the full amount of the fine with the City. A contesting party may request
a waiver of this requirement by filing a Fine Deposit Hardship Waiver Form and
submitting a written declaration of financial condition. The request for waiver must be
requested by the responsible party within ten (10) days of the citation date and will be
considered by the Hearing Officer prior to the hearing being scheduled.
If the waiver is granted, the case will be set for hearing and the contesting party
notified. If the contesting party is found not to be liable, no further action is necessary.
If the contesting party is found liable, however, payment arrangements must be made
with the Hearing Officer at the time of the hearing. If the request for waiver is denied,
the contesting party will be notified prior to the hearing date.
3.11 GUIDELINE FOR ACCEPTING PAYMENT PLANS
A. Purpose
Whenever possible, it is recommended to collect the payment in full. It is
recognized that collecting the payment in full is not always possible.
B. Advise the Responsible- Party of all Options Available for Payment
• Borrow from a friend or relative
• Pay by credit card
• Determine if they have any other assets that might be liquid enough to turn
into cash
• Savings accounts: Regular, Christmas Club Accounts or Time Deposits
• Stocks or bonds
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C. Recommended Guidelines for Terms of a Payment Agreement
$100.00 - Pay in full
200.00 - 2 Monthly Payments
500.00 - 3 Monthly Payments
The above are guidelines only. Payment arrangements can be made where the
term of the arrangement can be paid sooner. Also, depending on the
circumstances, payment schedules can be longer.
3.12 SUMMARY OF HEARING PROCESS
Administrative Hearing Request Forms are available from the Code Enforcement
Section.
Staff sends out Administrative Hearing Request Forms, as well as information
on the hearing process, to citizens upon request.
The Code Enforcement Section receives the request for hearing and verifies if
submitted within the proper period. If the request has not been received within
the proper period, staff advises the citizen it was not received in time and a
hearing is not scheduled. Staff advises the violator that payment is due within
thirty (30) days of the citation date. If the request is received in time, staff
checks that the deposit and/or waiver request is submitted within the proper
period. If no deposit or waiver request is submitted within the proper time, no
hearing is scheduled. If all information is received within the required time,
staff updates the records to reflect this fact.
If the request for hearing and required payment or waiver is received within the
required time, then the Code Enforcement Section schedules the hearing. The
Code Enforcement Section also:
• Coordinates activities and submittal of information with the Hearing Officer.
• Sends notification of hearing to contesting party with hearing date, location,
and information on hearing process.
• Receives copy of completed Disposition Form from Hearing Officer and
reviews the decision.
• Sends Disposition Form to contesting party and updates records. If citation
is upheld and involves waiver issues, reviews the payment schedule for fine.
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If citation is dismissed, updates records and returns deposit within thirty (30)
days.
SECTION 4 - CONTINUANCES
4.1 PRE -HEARING CONTINUANCES
After reminding contesting parties of their right to present evidence, and under
appropriate circumstances, a continuance may be granted to those requesting such
action for the first time. Hearing Officers should not engage in a "pre -hearing" to decide
this. If there is doubt, grant the continuance. Relevant considerations are:
a. The reason(s) the contesting party cannot produce evidence or otherwise
adequately state a case at the time of the hearing;
b. The likelihood that a continuance will result in the production of significant
relevant evidence; and
C. The sincerity and credibility of the contesting party.
4.2 CONTINUANCES FOR FURTHER PROOF AFTER HEARING COMMENCES
Continuances should be granted if the contesting party was genuinely taken by surprise.
This last requirement rules out all contesting parties except those whom you determine
genuinely misunderstood the nature of the hearing, or if they understood, were not then
aware of the existence or availability of the evidence until they were already in the
hearing.
A continuance is not to be given to anyone who should have understood the opening
instructions and could have requested a continuance then, even if he or she did not
realize that the evidence he or she failed to bring could have helped the contesting
party's case. The instructions on the citation and the opening instructions for the
hearing are adequate prior notice of the nature of the hearing.
4.3 OTHER CONTINUANCES
Should the contesting party or a witness become ill during a hearing or should another
emergency delay the hearing, the Hearing Officer may grant a continuance or re-
schedule the hearing.
4.4 PROCEDURES FOR RECORDING CONTINUANCES
Continuances of matters heard on a citation should be granted for no more than thirty
(30) calendar days unless the contesting party proves that he or she will be out of town,
hospitalized or otherwise unable to appear. In this case, a longer period of time may be
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granted. The matter should be logged and the continuance notation written on the
hearing disposition form. Both the appearance date and the continuance date should
be written on the form. The information required must also be recorded on the tape of
the hearing.
Contesting parties should be warned that failure to appear on the continued date may
result in late penalties being assessed and a judgment taken by default for the full
amount of the fine.
When a hearing is re -opened, the proceedings must be recorded on tape, whether the
contesting party has returned or not. The information must also be added to the
Hearing Officer disposition form.
In those cases in which the contesting party does not return as scheduled, the Hearing
Officer should see that copies of the completed disposition form are mailed to the
contesting party's address. Whenever any continuance is closed, the action must be
logged in the file.
SECTION 5 - RIGHT TO JUDICIAL REVIEW
5.1 APPEALS
The decision of the Hearing Officer is the final step in the civil citation process. The
contesting party may seek judicial review of the administrative hearing decision by
filing an appeal with the municipal court within 20 calendar days after the Citee
receives the decision at the conclusion of the hearing, or if the decision is not made at
the end of the hearing, within 20 days after the date the decision is served on him or her
in accordance with the provisions of California Government Code Section 53069.4.
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APPENDIX I
CIVIL CITATION ORDINANCE (#99-13)
ORDINANCE NO. (1999)
AN ORDINANCE OF THE CITY OF DIAMOND BAR ESTABLISHING
ADMINISTRATIVE PROCEDURES AND PENALTIES FOR
VIOLATIONS OF THE DIAMOND BAR MUNICIPAL CODE AND
AMENDING THE DIAMOND BAR MUNICIPAL CODE.
THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES HEREBY ORDAIN
AS FOLLOWS:
SECTION 1. The City of Diamond Bar Municipal Code is hereby amended by deleting Chapter
1.04 and adding a new Chapter 1.04 to read as follows:
CHAPTER 1.04 PENALTIES — CIVIL REMEDIES.
Section 1.04.010. Scope of Enforcement.
(a). Violations of Municipal Code — No person shall violate any provisions or fail to
comply with any of the requirements of this Code. Violations of this Code are punishable in
accordance with this Chapter. If a violation constitutes a continuing violation or is otherwise of
the nature that it can be remedied, the Responsible Person, as defined, shall correct the violation
within thirty (30) days of issuance of the administrative citation.
(b). Continuing Violations - Each and every day, or any portion thereof, during which
any violation of any provision of this Code or any failure to comply with any requirement of this
Code is committed, continued or permitted shall constitute a separate offense and shall be
deemed punishable in accordance with this Chapter.
(c). Administrative Citations Which May Be Treated as Misdemeanors. Any person
who violates the same provision, or fails to comply with the same requirement, of any Code
section subject to enforcement under this Chapter more than three (3) times within a twelve (12)
month period shall be guilty of a misdemeanor for each violation committed thereafter within
that same twelve (12) month period, and upon conviction thereof, shall be punishable by a fine
not exceeding $1,000.00 or by imprisonment not exceeding six months, or by both such fine and
imprisonment.
(d). Nuisance — Any violation of any provision of this Code or any failure to comply
with any of the requirements of this Code constitutes a nuisance, and may be abated by the City
through civil process by means of restraining order, preliminary injunction, or in any other
manner provided by law for the abatement of such nuisances.
(e). Severability — The City Council declares that, should any title, chapter, provision,
section, paragraph, sentence or word of this Code be rendered or declared invalid by any final
court action by a court of competent jurisdiction, or by reason of any preemptive legislation, the
remaining titles, chapters, provisions, sections, paragraphs, sentences and words of this Code are
severable and shall remain in full force and effect.
Section 1.04.020. Definitions. The following words and phrases, when used in the
context of this Chapter, shall have the following meanings:
(a). Enforcement Official — A person, who has Penal Code Citation Certification
Training, designated by the City Manager as an Enforcement Official or any member of the
Sheriff's Department who is authorized to enforce the provisions of the Diamond Bar Municipal
Code.
(b). Legal Interest - Any interest that is represented by a deed of trust, quitclaim deed,
mortgage, judgement, lien, tax or assessment lien or other similar instrument, which is recorded
with the County Recorder.
(c). Responsible Person — Any person whom an Enforcement Official determines is
responsible for causing or maintaining a violation of the Code. The term "Responsible Person"
includes, but is not limited to, a property owner, tenant, person with a Legal Interest in real
property, or person in possession of real property.
Section 1.04.030. Administrative Citation. Any violation of any section of this Code
shall be subject to issuance of an administrative citation by an Enforcement Official as provided
in this Chapter. In the case of violations of the Building, Plumbing or Electrical Codes, an
administrative citation shall not be issued until after the responsible person has been provided
notice and a reasonable opportunity to correct the violation, and has failed to do so. Payment of
any administrative citation shall not bar further enforcement action by the City if the violation is
not corrected or otherwise continues.
Section 1.04.040. Content of Administrative Citation. An administrative citation shall
contain all of the following information:
(a) The date and location of the violation and the approximate time the violation was
observed.
(b) The Code section violated and a description of how the section was violated.
(c) The amount of the fine imposed for the violation, and where and when the fine
shall be paid.
(d) An order prohibiting another occurrence of the Code violation.
(e) A description of the administrative citation review process, including the time
within which to contest the administrative citation and the place from which to
obtain a Request for Hearing Form to contest the administrative citation.
(f) The name and signature of the citing Enforcement Official.
Section 1.04.050 Procedure for Serving Administrative Citation. An Enforcement
Official may issue an administrative citation, on a form approved by the City Manager, to a
Responsible Person, as follows:
(a) If the Responsible Person is an individual, the Enforcement Official shall attempt
to locate the individual and issue to that individual an administrative citation. If
the address of the individual is known to the City, a copy of the administrative
citation also shall be mailed to the individual by certified mail, postage prepaid,
return receipt requested. Simultaneously, the same notice shall be sent by regular
mail. If a notice sent by certified mail is returned unsigned, then service shall be
deemed effective pursuant to regular mail, provided the notice that was sent by
regular mail is not returned.
(b) If the Responsible Person is a corporation, the Enforcement Official shall attempt
to locate any one of the following individuals and issue to that individual an
administrative citation: the president or other head of the corporation, a vice -
resident, a secretary or assistant secretary, a treasurer or assistant treasurer, a
general manager, or a person authorized by the corporation to receive service of
process in a civil action. If the office address of any of the above listed
individuals is known to the City, a copy of the administrative citation also shall be
mailed to one of those individuals by certified mail, postage prepaid, return
receipt requested. Simultaneously, the same notice shall be sent by regular mail.
If a notice sent by certified mail is returned unsigned, then service shall be
deemed effective pursuant to regular mail, provided the notice that was sent by
regular mail is not returned.
(c) If the Responsible Person is a business other than a corporation, the Enforcement
Official shall attempt to locate the business owner and issue the business owner
an administrative citation. If the Enforcement Official can locate only the
manager of the business, the administrative citation may be given to the manager
of the business. If the address of the business is known, a copy of the
administrative citation also shall be mailed to that address to the attention of the
business owner or a Responsible Person. The mailing shall be sent by certified
mail, postage prepaid, return receipt requested. Simultaneously, the same notice
may be sent by regular mail. if a notice sent by certified mail is returned
unsigned, then service shall be deemed effective pursuant to regular mail,
provided the notice that was sent by regular mail is not returned.
(d) The Enforcement Official shall attempt to obtain on the administrative citation the
signature of the Responsible Person, or in cases in which the Responsible Person
is a corporation or business, the signature of the person served with the
administrative citation. If a Responsible Person or person served refuses or fails
to sign the administrative citation, the failure or refusal to sign shall not affect the
validity of the citation or of subsequent proceedings.
3
(e) If the Enforcement Official is unable to locate a Responsible Person for the
violation, the administrative citation shall be mailed to the Responsible Person by
certified mail, postage prepaid, return receipt requested. Simultaneously, the
same notice may be sent by regular mail. If a notice sent by certified mail is
returned unsigned, then service shall be deemed effective pursuant to regular
mail, provided the notice that was sent by regular mail is not returned.
(f) If the Enforcement Official does not succeed in serving the Responsible Person
personally, or by certified mail or regular mail, the Enforcement Official shall
post the administrative citation on any real property within the City in which the
City has knowledge that the Responsible Person has a Legal Interest, and such
posting shall be deemed effective service.
(g) If the Enforcement Official does not succeed in serving the Responsible Person
personally, by certified mail or regular mail, and the City is not aware that the
Responsible Person has a Legal Interest in any real property within the City, the
Enforcement Official shall cause the administrative citation to be published once
a week for four successive weeks in a local newspaper published at least once a
week.
Section 1.04.060 Administrative Fine. The fine imposed pursuant to this Article for a
particular violation shall be in the amount set forth in the Schedule of Fines and Penalties
established by Resolution of the City Council. The Schedule of Fines and Penalties shall specify
the amount of any late payment charges imposed for failure to pay the fine by the due date.
Section 1.04.070 Payment of Administrative Fine. The administrative fine shall be paid to the
City within thirty (30) days from the date of service of the administrative citation. If, after a
hearing requested pursuant to Section 1.04.080, the Hearing Officer determines that the
administrative citation should be canceled, the administrative fine shall be refunded.
Section 1.04.080. Request for Administrative Hearing. Any Responsible Person to whom an
administrative citation is issued may contest the citation no later than thirty (30) days from the
date of service of the administrative citation by (1) completing a Request for Hearing Form and
returning it to the City; and (2) either depositing the administrative fine with the City or
providing notice that a request for an Advance Deposit Hardship Waiver has been filed pursuant
to Section 1.04.090. A Request for Hearing Form may be obtained from the department
specified on the administrative citation. The person requesting the hearing shall be notified by
certified mail, return receipt requested, of the time and place of the hearing at least ten (10) days
before the date of the hearing. Any documentation, other than the administrative citation, which
the Enforcement Official has submitted or will submit to the Hearing Officer shall be sent to the
person requesting the hearing by certified mail, return receipt requested, and regular via first
class mail at least five (5) days before the date of the hearing. If the information sent by certified
mail is returned unsigned, then service shall be deemed effective by regular first class mail. Any
information submitted by the Enforcement Official shall also be made available to the person
requesting the hearing at the time of the hearing.
4
Section 1.04.090. Advance Hardship Waiver Deposit. Any Responsible Person who requests
a hearing to contest an administrative citation and who is financially unable to deposit the
administrative fine as required in Section 1.04.070. may file a request for an Advance Deposit
Hardship Waiver. The request shall be filed with the Development Services Division on an
Advance Deposit Hardship Waiver application form, available from the department, no later than
ten (10) days after service of the administrative citation. The City Manager or his/her Designee
may issue an Advance Deposit Hardship Waiver only if the person requesting the waiver submits
to the City Manager or his/her Designee a sworn affidavit, together with any supporting
documents, demonstrating to the satisfaction of the City Manager or his/her Designee the
person's financial inability to deposit with the City the full amount of the fine in advance of the
hearing. Written proof of financial hardship, at a minimum must include tax returns, financial
statements, bank account records, salary records or similar documentation demonstrating that
the Responsible Person is unable to deposit the penalty. The City Manager or his/her Designee
shall issue a written decision specifying the reasons for issuing or not issuing the waiver. The
decision shall be served upon the person requesting the waiver by certified mail, return receipt
requested and regular first class mail. If the City Manager or his/her Designee determines that
the waiver is not warranted, the person shall remit the full amount of the fine to the City within
ten (10) days of receipt of the City Manager or his/her Designee's written decision.
Section 1.04.100. Time for Administrative Hearing. Only after a Request for Hearing Form
is filed, and the Responsible Person requesting the hearing has either deposited the
administrative fine in full or obtained an Advance Deposit Hardship Waiver, shall the City set
the date and time for the Administrative Hearing. The hearing shall be set for a date not less than
fifteen (15) days nor more than sixty (60) days after the Request for Hearing Form is filed, and
the administrative fine is deposited with the City or an Advance Deposit Hardship Waiver is
issued. The City shall send notice of the date, time, and place of the hearing to the person
requesting the hearing by certified mail, return receipt requested at least ten (10) days before the
date of the hearing.
Section 1.04.110. Request for Continuance of Hearing. The Responsible Person requesting a
hearing may request one continuance, but in no event may the hearing begin later than ninety
(90) days after the Request for Hearing Form is filed, and the administrative fine is deposited
with the City or an Advance Deposit Hardship Waiver is issued.
Section 1.04.120. Appointment of Administrative Hearing Officer. The hearing shall be
conducted by an Administrative Hearing Officer appointed by the City Manager to perform such
hearings.
Section 1.04.130. Procedures at Administrative Hearing. The Responsible Person may
attend the hearing in person or in lieu of attending may submit written argument and
documentation under penalty of perjury prior to the time scheduled for the hearing.
Administrative Hearings are informal, and formal rules of evidence and discovery do not apply.
Each party shall have the opportunity to present evidence in support of his or her case and to
cross-examine witnesses. The City bears the burden of proof at an Administrative Hearing to
establish a violation of the City Code. The administrative citation and any additional reports
5
submitted by the Enforcement Official shall constitute prima facie evidence of the facts
contained in those documents. The Administrative Hearing Officer must use a preponderance of
evidence as the standard of evidence in deciding the issues.
Section 1.04.140. Failure to Attend Administrative Hearing. If the Responsible Person fails
to attend the hearing or fails to submit arguments in writing, the Administrative Hearing Officer
will render a decision based on the documents that have been received and the Responsible
Person will be deemed to have waived his/her right to an Administrative Hearing. Under those
circumstances, the Administrative Hearing Officer may request additional information from
either the Responsible Person or the Enforcement Official as may be necessary to render a
decision. If service of the Administrative Hearing is made by posting the citation on real
property within the City in which the Responsible Person has a Legal Interest, and the
Responsible Person provides verifiable and substantial evidence that removal of the
administrative citation from the property by a third party caused the Responsible Person's failure
to attend the scheduled hearing, the Responsible Person shall be entitled to an Administrative
Hearing.
Section 1.04.150. Decision of Administrative Hearing Officer. No later than thirty (30) days
after the date on which the Administrative Hearing concludes, the Administrative Hearing
Officer shall issue a written decision to uphold or cancel the administrative citation. The
Administrative Hearing Officer shall set forth the reasons for the decision. The decision shall be
served upon the Responsible Person by the applicable method set forth in Section 1.04.050. If
the Administrative Hearing Officer upholds the administrative citation, the City shall retain the
fine deposited by the Responsible Person. If the Administrative Hearing Officer upholds the
administrative citation and the fine has not been deposited pursuant to an Advance Deposit
Hardship Waiver, the Administrative Hearing Officer shall specify in the decision a payment
schedule for the fine. If the Administrative Hearing Officer cancels the administrative citation,
any fine deposited with the City shall be promptly refunded. If the Administrative Hearing
Officer determines that the violation for which the citation was issued occurred, but that the
Responsible Person has introduced credible evidence of mitigating circumstances warranting
imposition of a lesser penalty than that prescribed in the penalty schedule, the Administrative
Hearing Officer may impose a lesser penalty or no penalty at all. The Administrative Hearing
Officer's written decision is final, and shall notify the Responsible Person of his/her right to
appeal as provided in Section 1.04.160.
Section 1.04.160. Appeal of Decision of Administrative Hearing Officer. Within twenty (20)
days after service of the decision of the Administrative Hearing Officer upon the Responsible
Person, he/she may seek review of the decision by filing a notice of appeal with the municipal
court. The Responsible Person shall serve upon the City Clerk either in person or by first class
mail a copy of the notice of appeal. If the Responsible Person fails to timely file a notice of
appeal, the Administrative Hearing Officer's decision shall be deemed confirmed.
Section 1.04.170. Late Payment Charges. Any person who fails to pay to the City on or
before the due date an administrative fine imposed pursuant to the provisions of this Chapter,
shall be liable for the payment of any applicable late payment charges set forth in the Schedule
of Fines and Penalties established by Resolution of the City Council.
6
Section 1.04.180. Collection of Administrative Fine. The City may collect any past -due
administrative fine or late payment charges by use of any available legal means.
Section 1.04.190. Failure to Pay Administrative Fine. Failure to pay an administrative fine is
a misdemeanor. In that event, or if the City prevails in an appeal to the municipal court pursuant
to Section 1.04.160, and the Responsible Person fails to comply with the final Administrative
Order, the City may file a criminal misdemeanor action against the Responsible Person. Filing a
criminal misdemeanor action does not preclude the City from using any other legal remedy
available to gain compliance with the Administrative Order.
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
CIVIL CITATION PROCEDURES
APPENDIX H
CIVIL FINES AND PENALTIES RESOLUTION (#99-77)
ORDINANCE NO. (1999)
AN ORDINANCE OF THE CITY OF DIAMOND BAR ESTABLISHING
ADMINISTRATIVE PROCEDURES AND PENALTIES FOR
ALL VIOLATIONS OF THE DIAMOND BAR MUNICIPAL CODE AND
AMENDING THE DIAMOND BAR MUNICIPAL CODE.
THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES HEREBY ORDAIN
AS FOLLOWS:
SECTION 1. The City of Diamond Bar Municipal Code is hereby amended by deleting Chapter
1.04 and adding a new Chapter 1.04 to read as follows:
CHAPTER 1.04 PENALTIES — CIVIL REMEDIES.
Section 1.04.010. Scope of Enforcement.
(a). Violations of Municipal Code — No person shall violate any provisions or fail to
comply with any of the requirements of this Code. Violations of this Code are punishable in
accordance with this Chapter. If a violation constitutes a continuing violation or is otherwise of
the nature that it can be remedied, the Responsible Person, as defined, shall correct the violation
within thirty (30) days of issuance of the administrative citation.
(b). Continuing Violations - Each and every day, or any portion thereof, during which
any violation of any provision of this Code or any failure to comply with any requirement of this
Code is committed, continued or permitted shall constitute a separate offense and shall be
deemed punishable in accordance with this Chapter.
(c). Administrative Citations Which May Be Treated as Misdemeanors. Any person
who violates the same provision, or fails to comply with the same requirement, of any Code
section subject to enforcement under this Chapter more than three (3) times within a twelve (12)
month period shall be guilty of a misdemeanor for each violation committed thereafter within
that same twelve (12) month period, and upon conviction thereof, shall be punishable by a fine
not exceeding $1,000.00 or by imprisonment not exceeding six months, or by both such fine and
imprisonment.
(d). Nuisance — Any violation of any provision of this Code or any failure to comply
with any of the requirements of this Code constitutes a nuisance, and may be abated by the City
through civil process by means of restraining order, preliminary injunction, or in any other
manner provided by law for the abatement of such nuisances.
(e). Severability — The City Council declares that, should any title, chapter, provision,
section, paragraph, sentence or word of this Code be rendered or declared invalid by any final
court action by a court of competent jurisdiction, or by reason of any preemptive legislation, the
remaining titles, chapters, provisions, sections, paragraphs, sentences and words of this Code are
severable and shall remain in full force and effect.
Section 1.04.020. Definitions. The following words and phrases, when used in the
context of this Chapter, shall have the following meanings:
(a). Enforcement Official — A person, who has Penal Code Citation Certification
Training, designated by the City Manager as an Enforcement Official or any member of the
Sheriff's Department who is authorized to enforce the provisions of the Diamond Bar Municipal
Code.
(b). Legal Interest - Any interest that is represented by a deed of trust, quitclaim deed,
mortgage, judgement, lien, tax or assessment lien or other similar instrument, which is recorded
with the County Recorder.
(c). Responsible Person — Any person whom an Enforcement Official determines is
responsible for causing or maintaining a violation of the Code. The term "Responsible Person"
includes, but is not limited to, a property owner, tenant, person with a Legal Interest in real
property, or person in possession of real property.
Section 1.04.030. Administrative Citation. Any violation of any section of this Code
shall be subject to issuance of an administrative citation by an Enforcement Official as provided
in this Chapter. In the case of violations of the Building, Plumbing or Electrical Codes, an
administrative citation shall not be issued until after the responsible person has been provided
notice and a reasonable opportunity to correct the violation, and has failed to do so. Payment of
any administrative citation shall not bar further enforcement action by the City if the violation is
not corrected or otherwise continues.
Section 1.04.040. Content of Administrative Citation. An administrative citation shall
contain all of the following information:
(a) The date and location of the violation and the approximate time the violation was
observed.
(b) The Code section violated and a description of how the section was violated.
(c) The amount of the fine imposed for the violation, and where and when the fine
shall be paid.
(d) An order prohibiting another occurrence of the Code violation.
(e) A description of the administrative citation review process, including the time
within which to contest the administrative citation and the place from which to
obtain a Request for Hearing Form to contest the administrative citation.
2
court action by a court of competent jurisdiction, or by reason of any preemptive legislation, the
remaining titles, chapters, provisions, sections, paragraphs, sentences and words of this Code are
severable and shall remain in full force and effect.
Section 1.04.020. Definitions. The following words and phrases, when used in the
context of this Chapter, shall have the following meanings:
(a). Enforcement Official — A person, who has Penal Code Citation Certification
Training, designated by the City Manager as an Enforcement Official or any member of the
Sheriff's Department who is authorized to enforce the provisions of the Diamond Bar Municipal
Code.
(b). Legal Interest - Any interest that is represented by a deed of trust, quitclaim deed,
mortgage, judgement, lien, tax or assessment lien or other similar instrument, which is recorded
with the County Recorder.
(c). Responsible Person — Any person whom an Enforcement Official determines is
responsible for causing or maintaining a violation of the Code. The term "Responsible Person"
includes, but is not limited to, a property owner, tenant, person with a Legal Interest in real
property, or person in possession of real property.
Section 1.04.030. Administrative Citation. Any violation of any section of this Code
shall be subject to issuance of an administrative citation by an Enforcement Official as provided
in this Chapter. In the case of violations of the Building, Plumbing or Electrical Codes, an
administrative citation shall not be issued until after the responsible person has been provided
notice and a reasonable opportunity to correct the violation, and has failed to do so. Payment of
any administrative citation shall not bar further enforcement action by the City if the violation is
not corrected or otherwise continues.
Section 1.04.040. Content of Administrative Citation. An administrative citation shall
contain all of the following information:
(a) The date and location of the violation and the approximate time the violation was
observed.
(b) The Code section violated and a description of how the section was violated.
(c) The amount of the fine imposed for the violation, and where and when the fine
shall be paid.
(d) An order prohibiting another occurrence of the Code violation.
(e) A description of the administrative citation review process, including the time
within which to contest the administrative citation and the place from which to
obtain a Request for Hearing Form to contest the administrative citation.
(f) The name and signature of the citing Enforcement Official.
Section 1.04.050 Procedure for Serving Administrative Citation. An Enforcement
Official may issue an administrative citation, on a form approved by the City Manager, to a
Responsible Person, as follows:
(a) If the Responsible Person is an individual, the Enforcement Official shall attempt
to locate the individual and issue to that individual an administrative citation. If
the address of the individual is known to the City, a copy of the administrative
citation also shall be mailed to the individual by certified mail, postage prepaid,
return receipt requested. Simultaneously, the same notice shall be sent by regular
mail. If a notice sent by certified mail is returned unsigned, then service shall be
deemed effective pursuant to regular mail, provided the notice that was sent by
regular mail is not returned.
(b) If the Responsible Person is a corporation, the Enforcement Official shall attempt
to locate any one of the following individuals and issue to that individual an
administrative citation: the president or other head of the corporation, a vice -
resident, a secretary or assistant secretary, a treasurer or assistant treasurer, a
general manager, or a person authorized by the corporation to receive service of
process in a civil action. If the office address of any of the above listed
individuals is known to the City, a copy of the administrative citation also shall be
mailed to one of those individuals by certified mail, postage prepaid, return
receipt requested. Simultaneously, the same notice shall be sent by regular mail.
If a notice sent by certified mail is returned unsigned, then service shall be
deemed effective pursuant to regular mail, provided the notice that was sent by
regular mail is not returned.
(c) If the Responsible Person is a business other than a corporation, the Enforcement
Official shall attempt to locate the business owner and issue the business owner
an administrative citation. If the Enforcement Official can locate only the
manager of the business, the administrative citation may be given to the manager
of the business. If the address of the business is known, a copy of the
administrative citation also shall be mailed to that address to the attention of the
business owner or a Responsible Person. The mailing shall be sent by certified
mail, postage prepaid, return receipt requested. Simultaneously, the same notice
may be sent by regular mail. if a notice sent by certified mail is returned
unsigned, then service shall be deemed effective pursuant to regular mail,
provided the notice that was sent by regular mail is not returned.
(d) The Enforcement Official shall attempt to obtain on the administrative citation the
signature of the Responsible Person, or in cases in which the Responsible Person
is a corporation or business, the signature of the person served with the
administrative citation. If a Responsible Person or person served refuses or fails
to sign the administrative citation, the failure or refusal to sign shall not affect the
validity of the citation or of subsequent proceedings.
3
(e) If the Enforcement Official is unable to locate a Responsible Person for the
violation, the administrative citation shall be mailed to the Responsible Person by
certified mail, postage prepaid, return receipt requested. Simultaneously, the
same notice may be sent by regular mail. If a notice sent by certified mail is
returned unsigned, then service shall be deemed effective pursuant to regular
mail, provided the notice that was sent by regular mail is not returned.
(f) If the Enforcement Official does not succeed in serving the Responsible Person
personally, or by certified mail or regular mail, the Enforcement Official shall
post the administrative citation on any real property within the City in which the
City has knowledge that the Responsible Person has a Legal Interest, and such
posting shall be deemed effective service.
(g) If the Enforcement Official does not succeed in serving the Responsible Person
personally, by certified mail or regular mail, and the City is not aware that the
Responsible Person has a Legal Interest in any real property within the City, the
Enforcement Official shall cause the administrative citation to be published once
a week for four successive weeks in a local newspaper published at least once a
week.
Section 1.04.060 Administrative Fine. The fine imposed pursuant to this Article for a
particular violation shall be in the amount set forth in the Schedule of Fines and Penalties
established by Resolution of the City Council. The Schedule of Fines and Penalties shall specify
the amount of any late payment charges imposed for failure to pay the fine by the due date.
Section 1.04.070 Payment of Administrative Fine. The administrative fine shall be paid to the
City within thirty (30) days from the date of service of the administrative citation. If, after a
hearing requested pursuant to Section 1.04.080, the Hearing Officer determines that the
administrative citation should be canceled, the administrative fine shall be refunded.
Section 1.04.080. Request for Administrative Hearing. Any Responsible Person to whom an
administrative citation is issued may contest the citation no later than thirty (30) days from the
date of service of the administrative citation by (1) completing a Request for Hearing Form and
returning it to the City; and (2) either depositing the administrative fine with the City or
providing notice that a request for an Advance Deposit Hardship Waiver has been filed pursuant
to Section 1.04.090. A Request for Hearing Form may be obtained from the department
specified on the administrative citation. The person requesting the hearing shall be notified by
certified mail, return receipt requested, of the time and place of the hearing at least ten (10) days
before the date of the hearing. Any documentation, other than the administrative citation, which
the Enforcement Official has submitted or will submit to the Hearing Officer shall be sent to the
person requesting the hearing by certified mail, return receipt requested, and regular via first
class mail at least five (5) days before the date of the hearing. If the information sent by certified
mail is returned unsigned, then service shall be deemed effective by regular first class mail. Any
information submitted by the Enforcement Official shall also be made available to the person
requesting the hearing at the time of the hearing.
4
Section 1.04.090. Advance Hardship Waiver Deposit. Any Responsible Person who requests
a hearing to contest an administrative citation and who is financially unable to deposit the
administrative fine as required in Section 1.04.070. may file a request for an Advance Deposit
Hardship Waiver. The request shall be filed with the Development Services Division on an
Advance Deposit Hardship Waiver application form, available from the department, no later than
ten (10) days after service of the administrative citation. The City Manager or his/her Designee
may issue an Advance Deposit Hardship Waiver only if the person requesting the waiver submits
to the City Manager or his/her Designee a sworn affidavit, together with any supporting
documents, demonstrating to the satisfaction of the City Manager or his/her Designee the
person's financial inability to deposit with the City the full amount of the fine in advance of the
hearing. Written proof of financial hardship, at a minimum must include tax returns, financial
statements, bank account records, salary records or similar documentation demonstrating that
the Responsible Person is unable to deposit the penalty. The City Manager or his/her Designee
shall issue a written decision specifying the reasons for issuing or not issuing the waiver. The
decision shall be served upon the person requesting the waiver by certified mail, return receipt
requested and regular first class mail. If the City Manager or his/her Designee determines that
the waiver is not warranted, the person shall remit the full amount of the fine to the City within
ten (10) days of receipt of the City Manager or his/her Designee's written decision.
Section 1.04.100. Time for Administrative Hearing. Only after a Request for Hearing Form
is filed, and the Responsible Person requesting the hearing has either deposited the
administrative fine in full or obtained an Advance Deposit Hardship Waiver, shall the City set
the date and time for the Administrative Hearing. The hearing shall be set for a date not less than
fifteen (15) days nor more than sixty (60) days after the Request for Hearing Form is filed, and
the administrative fine is deposited with the City or an Advance Deposit Hardship Waiver is
issued. The City shall send notice of the date, time, and place of the hearing to the person
requesting the hearing by certified mail, return receipt requested at least ten (10) days before the
date of the hearing.
Section 1.04.110. Request for Continuance of Hearing. The Responsible Person requesting a
hearing may request one continuance, but in no event may the hearing begin later than ninety
(90) days after the Request for Hearing Form is filed, and the administrative fine is deposited
with the City or an Advance Deposit Hardship Waiver is issued.
Section 1.04.120. Appointment of Administrative Hearing Officer. The hearing shall be
conducted by an Administrative Hearing Officer appointed by the City Manager to perform such
hearings.
Section 1.04.130. Procedures at Administrative Hearing. The Responsible Person may
attend the hearing in person or in lieu of attending may submit written argument and
documentation under penalty of perjury prior to the time scheduled for the hearing.
Administrative Hearings are informal, and formal rules of evidence and discovery do not apply.
Each party shall have the opportunity to present evidence in support of his or her case and to
cross-examine witnesses. The City bears the burden of proof at an Administrative Hearing to
establish a violation of the City Code. The administrative citation and any additional reports
5
submitted by the Enforcement Official shall constitute prima facie evidence of the facts
contained in those documents. The Administrative Hearing Officer must use a preponderance of
evidence as the standard of evidence in deciding the issues.
Section 1.04.140. Failure to Attend Administrative Hearing. If the Responsible Person fails
to attend the hearing or fails to submit arguments in writing, the Administrative Hearing Officer
will render a decision based on the documents that have been received and the Responsible
Person will be deemed to have waived his/her right to an Administrative Hearing. Under those
circumstances, the Administrative Hearing Officer may request additional information from
either the Responsible Person or the Enforcement Official as may be necessary to render a
decision. If service of the Administrative Hearing is made by posting the citation on real
property within the City in which the Responsible Person has a Legal Interest, and the
Responsible Person provides verifiable and substantial evidence that removal of the
administrative citation from the property by a third party caused the Responsible Person's failure
to attend the scheduled hearing, the Responsible Person shall be entitled to an Administrative
Hearing.
Section 1.04.150. Decision of Administrative Hearing Officer. No later than thirty (30) days
after the date on which the Administrative Hearing concludes, the Administrative Hearing
Officer shall issue a written decision to uphold or cancel the administrative citation. The
Administrative Hearing Officer shall set forth the reasons for the decision. The decision shall be
served upon the Responsible Person by the applicable method set forth in Section 1.04.050. If
the Administrative Hearing Officer upholds the administrative citation, the City shall retain the
fine deposited by the Responsible Person. If the Administrative Hearing Officer upholds the
administrative citation and the fine has not been deposited pursuant to an Advance Deposit
Hardship Waiver, the Administrative Hearing Officer shall specify in the decision a payment
schedule for the fine. If the Administrative Hearing Officer cancels the administrative citation,
any fine deposited with the City shall be promptly refunded. If the Administrative Hearing
Officer determines that the violation for which the citation was issued occurred, but that the
Responsible Person has introduced credible evidence of mitigating circumstances warranting
imposition of a lesser penalty than that prescribed in the penalty schedule, the Administrative
Hearing Officer may impose a lesser penalty or no penalty at all. The Administrative Hearing
Officer's written decision is final, and shall notify the Responsible Person of his/her right to
appeal as provided in Section 1.04.160.
Section 1.04.160. Appeal of Decision of Administrative Hearing Officer. Within twenty (20)
days after service of the decision of the Administrative Hearing Officer upon the Responsible
Person, he/she may seek review of the decision by filing a notice of appeal with the municipal
court. The Responsible Person shall serve upon the City Clerk either in person or by first class
mail a copy of the notice of appeal. If the Responsible Person fails to timely file a notice of
appeal, the Administrative Hearing Officer's decision shall be deemed confirmed.
Section 1.04.170. Late Payment Charges. Any person who fails to pay to the City on or
before the due date an administrative fine imposed pursuant to the provisions of this Chapter,
shall be liable for the payment of any applicable late payment charges set forth in the Schedule
of Fines and Penalties established by Resolution of the City Council.
6
Section 1.04.180. Collection of Administrative Fine. The City may collect any past -due
administrative fine or late payment charges by use of any available legal means.
Section 1.04.190. Failure to Pay Administrative Fine. Failure to pay an administrative fine is
a misdemeanor. In that event, or if the City prevails in an appeal to the municipal court pursuant
to Section 1.04.160, and the Responsible Person fails to comply with the final Administrative
Order, the City may file a criminal misdemeanor action against the Responsible Person. Filing a
criminal misdemeanor action does not preclude the City from using any other legal remedy
available to gain compliance with the Administrative Order.
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
7
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
RESOLUTION NO. 99-77
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
ESTABLISHING PENALTIES FOR VIOLATIONS
OF THE CITY OF DIAMOND BAR MUNICIPAL CODE
WHEREAS, on November 2, 1999, the City Council of the City of Diamond Bar adopted
an Ordinance establishing atlministrative procedures and penalties for violations of the City of
Diamond Bar Municipal Code; and
WHEREAS, said Ordinance provides for a fine to be imposed and paid by a person
issued a citation for a particular violation of the City of Diamond Bar Municipal Code in an
amount set forth in the Schedule of Fines and Penalties established by Resolution of the City
Council; and
WHEREAS, a Schedule of Fines and Penalties has been prepared which indicates the
amount of the fine for first, second, and subsequent offenses.
NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND DECLARED
BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, AS
FOLLOWS:
That the Diamond Bar City Council hereby approves the Schedule of Fines and Penalties,
attached hereto and set forth in Schedule 1, for any violation of the City of Diamond Bar
Municipal Code.
PASSED, APPROVED AND ADOPTED this day of '1999.
Mayor
I, Lynda Burgess, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing
Resolution was passed, approved and adopted at a regular meeting of the City Council of the
City of Diamond Bar held on the day of , 1999, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
Lynda Burgess, City Clerk
City of Diamond Bar
SCHEDULE 1
FINES AND PENALTIES
FOR MUNICIPAL CODE VIOLATIONS
1. Violation of Municipal Code
$100 - First Violation
$200 - Second Violation of the same code provision within one year.
$500 - Third Violation and additional violations of the same code provision within one
year of the first violation.
2. Violation of Misdemeanors
The fine for violating a misdemeanor under the Municipal Code shall not exceed the fine
imposed for misdemeanors.
3. Late Payment Penalties
(a) Delinquent days for payment and the prescribed penalty assessed:
* No. of Days Delinquent *Late Payment Penalty Assessed
31-60 Days 25% x Fine = Total Late Payment Penalty Due
61-90 Days 50% x Fine = Total Late Payment Penalty Due
More Than 90 Days 100% x Fine = Total Late Payment Penalty Due
4. Application for Administration Hearing Fee
(a) A $25.00 non-refundable Application Fee must be paid at the time of requesting
an Administrative Hearing, unless the City has granted a Hardship Waiver.
CIVIL CITATION PROCEDURES
APPENDIX III
SAMPLE CIVIL CITATION
City of Diamond Bar
Civil Citation
For Municipal Code Violations
(Chapter 1.04 D.B.M.C.)
Date:
Name of Citee:
D.L. or I.D. of Citee:
Location of Violation(s):
Date of Violation:
Issued as a Citation:
Time:
Time of Violation:
Issued Via:
Personal Service Posting Location First Class Mail
Code Section(s) Violated:
Description of Violation(s):
" Offense _; 2nd Offense _; 3rd and Additional
Amount of Fine:
Name of Officer:
1 Have Received this Citation in Person
Signature of Citee:
THE LAW REQUIRES YOU TO TAKE TETE FOLLOWING STEPS
TO EITHER:
(1) Comply with this citation, or (2) Contest the violation(s) charged.
(1) TO COMPLY:
a Correct the violation(s) immediately and pay the fine within 30 days
of the date of this citation or be subject to a late payment penalty. You
may also be cited for additional violations for each day the
condition(s) exists after 30 days from the date of this citation.
(In the case of violations of the Building, Plumbing or Electrical Codes, an
administrative citation shall not be issued until after the Responsible
Person has been provided notice and a reasonable opportunity to correct the
violation, and has failed to do so.)
Fine amounts not received within the following 30 days will be subject to a
late payment penalty. You may also be cited for additional violations for
each day the condition(s) exists after 30 days from the date of this citation.
You may file a request for an extension of the correction period with the
City Department responsible for the administration of Code Enforcement
(21660 E. Copley Drive, Ste.190, Diamond Bar, CA 91765). Requests will
be granted only in unusual circumstances, where fully justified.
2). TO CONTEST:
Administrative Hearing - You may request an Administrative
Hearing to contest that the Municipal Code section(s) referred to was
either not violated or that you are not a responsible person for the
violation(s). You must obtain an Administrative Hearing Request
form from the Department and file it with the Department within 30
days of this citation. (For filing instructions, please contact Code
Enforcement at (909) 396-5676). IMPORTANT: You must also
DEPOSIT THE AMOUNT OF THE FINE with the City of Diamond
Bar when you file your request for a hearing. You may file with the
City a request for a waiver of the deposit, on a form provided by the
City, by proving inability to pay. You will be notified of the time,
date and place of your hearing when you file your form with the City.
b. The Hearing Officer's decision will either be given to you at the end
of the Hearing or mailed to you within 30 days of the hearing. If the
Hearing Officer finds that you did not commit the code violation(s) or
you are not the responsible person for the violation(s), the fine deposit
will be returned to you within 30 days of the decision. If the Hearing
Officer finds that you owe the fine for the Municipal Code
violation(s), the fine will be retained by the City.
C. If the Hearing Officer finds that you owe the fine for the Municipal
Code violation(s) and you are not satisfied with the decision, you may
file an appeal with the municipal court within 20 days of being
notified of the hearing results.
IMPORTANT: Payment of all fines must be made to the City of
Diamond Bar. The violation(s) of the Diamond Bar Municipal Code
Section charged in this citation constitutes a nuisance. Unpaid fines and
other costs of abatement may be collected by the City by an assessment
and/or lien against your property pursuant to Government Code Sections
38773.1 and 38773.5 and Diamond Bar Municipal Code Chapter 1.04.
Unpaid assessments can result in the property being sold after three years
by the County Tax Collector. Assessments and liens for the fine can be
contested at a separate administrative hearing.
A full description of the procedure for the City's administrative hearings on
Municipal Code violations and your rights in that process is found in
Diamond Bar Municipal Code Section 1.04. For further information about
this civil citation/notice, please contact Code Enforcement at (909) 396-
5676.
CIVIL CITATION PROCEDURES
APPENDIX IV
ADMINISTRATIVE CITATION HEARING FINE DEPOSIT
HARDSHIP WAIVER REQUEST
CITY OF DIAMOND BAR
ADMINISTRATIVE CITATION HEARING FINE DEPOSIT
HARDSHIP WAIVER REQUEST
Request must be filed with the Development Services Department within 10 days of the Citation Date
Name of Citee:
Citation Number(s):
Social Security Number:
Location of Violation:
Mailing Address:
Date Request Received (City Use Only):
Date of Citation/Notice:
Phone No./Fax No.:
Date Results Transmitted:
I hereby request a waiver of the fine deposit on my civil citation for the following reasons (if
you need more room attach another page):
Please provide copies of documents verifying sources of income (documents may include
social security, general assistance, AFDC, c irrent paycheck, etc.).
Persons supported: I declare under penalty of perjury that the
❑ Self foregoing statement and information
❑ Spouse provided by me is true and correct.
❑ Other Signature:
Total Date:
Deposit Waiver ❑ Granted ❑ Denied
Comments:
Hearing Officer's Authorization: Date:
CIVIL CITATION PROCEDURES
APPENDIX
CIVIL CITATION ADMINISTRATIVE HEARING REQUEST
CITY OF DIAMOND BAR
CIVIL CITATION
ADMINISTRATIVE HEARING REQUEST
Request must be filed with the Development Services Department within 30 days of the Citation Date
Name of Citee:
Citation Number(s):
Social Security Number:
Location of Violation:
Mailing Address:
Date Request Received: (City Use Only)
Date of Citation/Notice:
Phone No./Fax No.:
Date Results Transmitted:
I hereby request an administrative hearing on my civil citation for the following reasons (if you
need more room attach another page):
❑ Administrative Hearing Granted
Date of Hearing: Time:
Location:
❑ Administrative Hearing Denied
Comments:
Hearing Officer's Authorization: Date:
You may provide evidence for review and consideration by the Hearing Officer in the
Administrative Hearing both in writing sent to the City prior to the Hearing or orally at the time
of the Hearing.
- - --- ------- ::-
CIVIL CITATION PROCEDURES
APPENDIX VI
CIVIL CITATION ADMINISTRATIVE HEARING DISPOSITION
CITY OF DIAMOND BAR
CIVIL CITATION
ADMINISTRATIVE HEARING DISPOSITION
Name of Citee:
Citation Number(s):
Social Security Number:
Location of Violation:
Mailing Address:
Date of Hearing:
Location of Hearing:
Date of Citation/Notice:
Phone No./Fax No.:
Time of Hearing:
DISPOSITION OF HEARING:
❑ Citation Upheld:
The previously deposited fine amount will be forfeited.
If the City waived the deposit requirement due to hardship, the fine is now due and
payable.
OR
❑ Citation Dismissed:
If you paid an advance deposit, a refund check will be mailed to you in 4-6 weeks.
The following sections were dismissed:
Comments:
If there is a fine balance due, your payment schedule is as follows:
Number of Amount of Each Beginning on Ending on
Payments Payment (Date) (Date)
Hearing Officer's
Authorization Date:
CIVIL CITATION PROCEDURES
APPENDIX VII
ADMINISTRATION CITATION SCHEDULE
FOR COMMON OFFENSES
ADYINISTRATInN CITATION SCHEDULF FOR CnUUnN OFFENSES
Code Section
ysscrlotion of Cods Vlokdon Section
1 at Offense
and offense
3rd offense
8.12.1660
Prohibited activities regarding the dumping of any type of
$100
$200
$500
chemical, substance, hazardous waste or non -
permitted runoff into the City's storm drain.
10.20.010
Illegal storage of abandoned, wrecked, dismantled
$100
$200
$500
or inoperative vehicles or parts on private or public property
15.00.120
Violation of the Uniform Administrative Code.
$100
$200
$500
15.00.1330
Inadequate swimming pool fencing.
$100
$200
$500
15.00.2020
Discarded trash, refuse, debris, trash storage receptacles,
$100
$200
$500
materials, appliances, equipment in a single-family front yard.
15.00.2030
Motor vehicles, including recreational vehicles, must be
$100
$200
$500
parked on a paved parking area to meet single-family standards
15.00.2040
Buildings, structures & paved areas may not display
$100
$200
$500
evidence of exterior dilapidated conditions (Single -Family
Standards).
15.00.2050
Single-family landscaped areas must be kept in a neat
$100
$200
$500
and clean condition and free of debris.
15.00.2060
Fences and walls must be kept in good structural condition
$100
$200
$500
(Single -Family Standards).
15.00.2220
Discarded trash, refuse, debris, trash storage receptacles,
$100
$200
$500
materials, appliances, equipment in a multi -family front yard.
15.00.2230
No storage of materials restricting the parking of a motor
$100
$200
$500
vehicle on a multifamily lot.
15.00.2240
Motor vehicles, including recreational vehicles, must be parked
$100
$200
$500
on a paved parking area to meet multifamily standards.
15.00.2250
Buildings, structures & paved areas may not display
$100
$200
$500
evidence of exterior dilapidated conditions (Multifamily
Standards).
15.00.2260
Multifamily landscaped areas must be kept in a neat and
$100
$200
$500
clean condition and free of debris.
15.00.2270
Fences and walls must be kept in good structural condition
$100
$200
$500
(Multifamily Standards).
15.00.2280
All parking, loading, storage & driving areas shall be free of
$100
$200
$500
trash, debris & rubbage (Multifamily Standards).
15.00.2420
All storage within front and side yard areas shall be
$100
$200
$500
maintained in a neat and orderly fashion (Commercial
Standards).
15.00.2430
Motor vehicles, including recreational vehicles, must be parked
$100
$200
$500
on a paved parking area to meet Commercial Standards.
15.00.2440
Buildings, structures & paved areas may not display
$100
$200
$500
evidence of exterior dilapidated conditions (Commercial
Standards).
15.00.2450
Commercial landscaped areas must be kept in a neat and
$100
$200
$500
clean condition and free of debris.
15.00.2460
Fences and walls must be kept in good structural condition
$100
$200
$500
(Commercial Standards).
15.00.2470
All commercial parking, loading and storage areas must be
$100
$200
$500
kept free of trash, debris, free of potholes. standing water
and cracks.
15.00.2620
All industrial storage areas must be maintained in a neat and
$100
$200
$500
orderly fashion and contain only items and /or vehicles
incidental to the business.
15.00.2630
All parking of motor vehicles on an industrial lot must occur
$100
$200
$500
upon a paved area.
15.00.2640
Buildings, strictures & paved areas may not display
$100
$200
$500
evidence of exterior dilapidated conditions (Industrial
Standards).
15.00.2650
Industrial landscaped areas must be kept in a neat and
$100
$200
$500
clean condition and free of debris.
15.00.2660
Fences and walls must be kept in good structural condition
$100
$200
$500
(Industrial Standards).
15.00.2670
All industrial parking, loading, storage & driving areas shall be
$100
$200
$500
kept free of trash, debris, free of potholes, standing water
and cracks.
15.04.020
Sign(s) erected without a valid permit
$100
$200
$500
15.04.080
Posting of prohibited signs
$100
$200
$500
22.42.030
Keeping of animals contrary to the provisions in the
$100
$200
$500
Municipal Code
CITY OF DIAMOND BAR
AGENDA REPORT
AGENDA NO. L_I_
TO: Honorable Mayor and Members of the City Council
MEETING DATE: November 2, 1999 REPORT DATE: October 28, 1999
FROM: Terrence L. Belanger, City Manager
TITLE: Contract Amendment with Kleinfelder Inc. for Construction Services for the Minnequa
Remediation Project
SUMMARY: On November 3, 1998 the City entered into an agreement with Kleinfelder, Inc. for a
geotechnical investigation and engineering services for the Minnequa Landslide. Kleinfelder provided a
geological investigation and plans for the remediation of the Minnequa Landslide. On October 19, 1999,
the City Council awarded a contract for the Remediation Project to Summit Contracting. The City has
requested Kleinfelder to provide field -grading observation, laboratory testing and project management,
Kleinfleder has been involved with the project, since the initial slide in February 1998.
RECOMMENDATION: That the City Council approve a contract amendment with Kleinfelder, Inc. for the
grading observation, laboratory testing and project management in an amount not to exceed $25,674.
LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification
Resolution(s) _ Bid Specification
^ Ordinance(s) X Other: Kleinfelder's Proposal
Agreement(s) dated 10/26/99
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
1. Has the resolution, ordinance or agreement been X Yes _ No
reviewed by the City Attorney?
2. Does the report require a majority vote? X Yes r No
3. Has environmental impact been assessed? N/A _ Yes _ No
4. Has the report been reviewed by a Commission? N/A _ Yes , No
Which Commission?
5. Are other departments affected by the report? _ Yes X No
Report discussed with the following affected departments:
REVIEWED BY:
errence L. Belsnger James DeStefano D id G. Liu
City Manager Deputy City Manager Deputy Director of Public Works
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: November 2, 1999
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: Contract Amendment with Kleinfelder Inc. for Construction Services for the
Minnequa Remediation Project
ISSUE STATEMENT:
Should the City Council approve a contract amendment with Kleinfelder, Inc for construction services?
RECOMMENDATION:
That the City Council approve a contract amendment with Kleinfelder, Inc. for the grading observation,
laboratory testing and project management in an amount not to exceed $25,674.
FINANCIAL SUMMARY:
The City Council allocated $110,000 of CDBG funds for the investigation/remidation of the Minnequa
Landslide. The City has authorized $33,811 previously to Kleinfelder and $50,000 towards the construction
of the remediation, leaving an unallocated budget of $26,189. The proposal is within the CDBG allocation.
BACKGROUND/DISCUSSION:
In February 1998, heavy rainfall caused a slope failure of approximately 60 feet wide by 70 feet long in a
residential hillside (Lots 51, 52, 77, 78 and 79 on Minnequa Drive and Sunset Crossing Road). The City
Council declared the existence of a Local Emergency due to the extent of the landslide and requested
CDBG funding for said investigation and remediation of the area. Since November 3, 1998, Kleinfelder,
has been providing the geotechnical investigation/engineering work for the remediation of Minnequa
Landslide.
During construction operations for the repair of the landslide, the grading needs to be monitored and
tested. Kleinfelder submitted the attached proposal regarding the provision of said services.
(Attachement "A") It should be noted that the proposal reflects a grading schedule of twenty (20) working
days and a request for Kelinfelder's additional effort of $4,975 through October 15, 1999.
Report Prepared by:
Kellee A Fdtzal
%LEMELDER MEMORANDUM
Diamond Bar Oj,)'ice
TO: David Lin, City of Diamond Bar PROJECT NO. 59-9405-01
CC: Kellee Frhzal/ City of Diamond Bar DATE: October 26,1999
FROM: Justin Kempton & John Lohman
SUBJECT: Budget Forecast for Geotechnical Services Regarding Slope Failure
Adjacent to Minnegaa Drive and Sunset Crossing Road
City of Diamond Bar, California
As requested by you, this memorandum presents a summary of requested services
perfornned since our last approved budget increase and a proposed budget for
geotechnical services during construction.
Current Reques&d Sers ices
J 33, &/
As of this date, we have exceeded the previous authorized budget of $ 51, primarily
due to the following service requests:
Additional Meetings (6/21,7/19,8/24,8/26,8/27,9/8): $ 1,500
Preparation of Contractor Bid List & Pre -Bird Meeting: $ 1,400
Preparation of Supplemental Report for Option 4 Repair: $ 600
Revise Grading Plan for Option 4 Repair: $ 700
Estimate & Consultation of Earthwork Quantities: $ 775
Subt,Wal, Efforts Througk October 15,1999: $ 4,975
Future Meetings
From discussions with Mr. David Liu, we understand that we will be requested to attend
up to 5 additional meetings for construction plamxing and during the construction period.
The estimated fee for this task is listed below.
Subtotal, Construction Meetings (up to S meetings) $ 2,000
Contraction Services:
We recently discussed the grading schedule with a representative from the apparent
selected contractor, Summit. We were informed us that their start to finish gig
schedule consisted of 20 woridng days. Based on this information, it is more 1tely that
our primary involvement will consist of a 15-&y full-time and 5 -day part-time work
schedule. Based on this anticipated wont schedule, we have developed the proposed
scope of work construction observation and testing services:
Field Servdees:
Technician (assumes 15 full days,5 part-time visits): 140 hrs. @ $49/hr. $ 6,860
Supervisory Technician: 10 hrs. @ $69/hr.: $ 690
Project Geolo&t/Engineer: 18 burs. @ $105/iu.: $ 1,890
Senior Engineer: 6 hrs. @ 135/br.: $ 810
U:VKEMPT0NID0CSMSM0S\W5m9,Doc 1 10/26/99
KLEINFELDER MEMORANDUM
(Continued)
baboratory Services:
Maximum Dry Density:
4 @ $166 each:
S 664
Atterberg.Limits:
1 @ $120 each:
$ 120
Sieve Analyses:
1 @ $115 each:
$ 115
Expansion Index:
1 @ $120 each:
S 120
Direct Shear Strength:
1 @ $ 250 each:
$ 250
ConsultationA"roject Management_
Preconstruction Meetings:
1
$ 300
Project Engineer/Geologist:
12 hrs. @ $105/hr..
$ 1,260
Senior Engineer/Geologist:
12 brs. @ S 135/hr.:
$ 1,620
Report Preparation:
1 @ $1,500:
$1.500
Esiftnated Subtotal, Construction Servicers:
S 16,.199*
IS% Condhgeney for Construction Services:
S 2,500*
Esdnwed 7btal
$ I8,699*
* Please note, the actual time our services will be required will depend on the contractor's
schedule and may be different £row our cstinmate. We recommend that a 15% contingency
of approximately $2,500 be included in planning for unforeseen delays and supplemental
consultations.
SUMS
At this time, we request that you consider the previous work, W= meetings and
construction services cost estimates for addition to our existing buiget. This would result
in an addition of $25,674 be added to our existing budget of , for a total revised
budget of $59,925. This includes the contingency of $2,500 for construction services as
discussed above. Please keep in mind that the actual duration of construction operations
will deterrake the actual costs for construction and monitoring services.
Current Authorized Budget
Additional Services Requested
Current Service Requests
$4,975
Future Meetings
$2,000
Construction Services
$16,199
15% Contingency for Construction Services
$2,500
Subtotal for Additional Services (Requested ,budget Increase)
$2S,674
Total Requested Project Budget
$5,923
Authorization
To authorize us to proceed, please issue a change order to our current agreement with the
City of Diamond Bar for the additional services addressed in this memorandum.
We hope this information meets with your needs. Please call if you have any questions or
require additional information.
U:VKBeTON\DOCSVAWOS\W5m9.Dm Page 2 of 2 10/26/99
CITY OF DIAMOND BAR
AGENDA REPORT
AGENDA N0. 7-1
TO: Terrence L. Belanger, City Manager
MEETING DATE: November 2,1999 REPORT DATE: October 7,1999
FROM: Lynda Burgess, City Clerk
TITLE: PUBLIC HEARING: Resolution No. 89-97N: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR AMENDING THE CITY'S CONFLICT OF INTEREST CODE FOR
DESIGNATED CITY PERSONNEL
SUMMARY: All cities are required to adopt conflict of interest codes designating certain positions
participating in making decisions which may affect financial interests. Since adoption of the City's Code on
October 3,1989, amendments have been necessary to add new positions or delete obsolete positions.
RECOMMENDATION: Itis recommended that the City Council open the Public Hearing, take testimony, dose
the Public Hearing and adopt Resolution No. 89-97N adding the positions of Community Services Assistant,
Public Works Supervisor, Recreation Superintendent, Senior Accountant and Senior Administrative Assistant
and deleting the positions of Accounting Manager, Administrative Analyst, Assistant City Manager and
Transportation Planner.
LIST OF ATTACHMENTS: X Staff Report
X Public Hearing Notification
_ Resolution(s)
_ Bid Specification (on file in City Clerk's office)
_ Ordinance(s)
_ Other:
_ Agreement(s)
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
1. Has the resolution, ordinance or agreement been
reviewed X* Yes
_ No
by the City Attorney?
2. Does the report require a majority vote?
X Yes
_ No
3. Has environmental impact been assessed?
_ Yes
_ No
4. Has the report been reviewed by a Commission?
_ Yes
_ No
Which Commission?
5. Are other departments affected by the report?
X Yes
_ No
Report discussed with the following affected departments: Finance, Personnel
*City Attorney prepared original Resolution—this effort changes the exhibits
REVIEWED BY:
q� 6JL1W
Terrence L. Bela e
City Manager
)AQ�-P
James DeStefano �
Deputy City Manager
DEPARTMENT HEAD:
Lynda Burgess
City Clerk
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: November 2, 1999
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: Conflict of Interest Code for City Personnel
ISSUE STATEMENT:
All state and local government agencies are required to adopt conflict of interest codes designating certain
positions making or participating in the making of decisions which may affect financial interests.
RECOMMENDATION:
Open the Public Hearing, take testimony, close the Public Hearing and adopt Resolution No. 89-97M
Amending the City's Conflict of Interest Code for Designated Personnel.
FINANCIAL SUMMARY:
No financial impact
BACKGROUND:
The City established its Conflict of Interest Code through adoption of Resolution No. 89-97 on October 3,
1989. Six positions were designated at that time to be required to file statements with the City Clerk
disclosing interests in real property and or "income and investments from businesses which provide or sell
services or supplies of the type associated with the job assignment and utilized by the City.' Since that
time, various amendments have been adopted by the City Council for the purpose of establishing further
positions or adding Commissions also required to file disclosure statements.
DISCUSSION:
Adoption of Resolution No. 89-97M would add the positions of Community Services Assistant, Public
Works Supervisor, Recreation Superintendent, Senior Accountant and Senior Administrative Assistant and
deleting the positions of Accounting Manager, Administrative Analyst, Assistant City Manager and
Transportation Planner.
PREPARED BY:
Lynda Burgess, City Cl6rk
RESOLUTION NO. 89-97 N
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR AMENDING THE CITYrS CONFLICT OF
INTEREST CODE FOR DESIGNATED CITY PERSONNEL
A. Recitals.
(i) The City of Diamond Bar has heretofore enacted a Conflict of Interest
Code for designated personnel.
(ii) The Political Reform Act of 1974, California Government Code Sections
81000, et seq., requires the City to adopt amendments to its Conflict of Interest Code to
ensure employees of the City are appropriately designated when new employees are
added to The City or changed circumstances occur with respect to job functions.
(iii) Pursuant to the provisions of California Government Code Section 87311,
a duly noticed Public Hearing was conducted and concluded prior to the adoption of this
Resolution.
B. Resolution.
NOW, THEREFORE, the City Council of the City of Diamond Bar does
hereby find, determine and resolve as follows:
1. In all respect as set forth in the Recitals, Part A, of this Resolution.
2. The City's Conflict of Interest Code, as heretofore adopted, hereby is
amended by the adoption of a new Exhibit "A" setting forth designated employees and
disclosure categories pertaining thereto.
3. Persons holding designated positions shall file statements of
economic interests pursuant to Sections 4 and 5 of the Conflict of Interest Code.
4. The City Clerk shall certify to the adoption of this Resolution.
PASSED, ADOPTED AND APPROVED this 2nd day of November, 1999.
Mayor
I, LYNDA BURGESS, City Clerk of the City of Diamond Bar do hereby certify
that the foregoing Resolution was passed, adopted and approved at a regular meeting of
the City Council of the City of Diamond Bar held on the 2nd day of November, 1999, by the
following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
ATTEST:
City Clerk of the City of Diamond Bar
ATTACHMENT A
CONFLICT OF INTEREST CODE FOR THE
CITY OF DIAMOND BAR
The Political Reform Act, Government Code Section 81000, et. seq., requires state
and local government agencies to adopt and promulgate conflict of interest codes. The
Fair Political Practices Commission has adopted a regulation, 2 Cal. Code of Regs.
Section 18730, which contains the terms of a standard conflict of interest code. It can be
incorporated by reference and may be amended by the Fair Political Practices Commission
after public notice and hearings to conform to amendments in the Political Reform Act.
Therefore, the terms of 2 Cal. Code of Regs. Section 18730 and any amendments to it duly
adopted by the Fair Political Practices Commission are hereby incorporated by reference
and, along with the attached Appendix in which members and employees are designated
and disclosure categories are set forth, constitute the conflict of interest code of the City
of Diamond Bar.
Designated employees shall file statements of economic interests with the agency
who will make the statements available for public inspection and reproduction. (Gov. Code
Section 81008). Upon receipt of the statements of the City Council, Planning Commission
and City Manager, the agency shall make and retain a copy and forward the original of
these statements to the Fair Political Practices Commission. Statements for all other
designated employees will be retained by the agency.
APPENDIX A *
DESIGNATED EMPLOYEES DISCLOSURE CATEGORIES
Accountant II
2
Administrative Assistant
1,2
Assistant to City Manager
1,2
Associate Engineer
1
Associate Planner
1
City Clerk
1,2
Communications and Marketing Director
1,2
Communications and Marketing Coordinator
1,2
Community Services Assistant
1
Deputy City Manager
1,2
Deputy Director of Public Works
1,2
Development Services Assistant
1
Director of Community Development
1,2
Director of Community Services
1,2
Director of Public Works/City Engineer
1,2
Finance Director
1,2
Parks & Recreation Commission
1
Public Works Supervisor
1
Recreation Superintendent
1
Senior Accountant
1,2
Senior Administrative Assistant
1
Senior Engineer
1
Senior Planner
1
Superintendent of Parks & Maintenance
2
Traffic & Transportation Commission
1
Treasurer
2
* NOTE: City Council, City Manager, City Attorney and Planning Commissioners are
required to submit disclosure statements pursuant to State law (California Government
Code Sections 87200, et. seq.), not this Code.
ATTACHMENT B
CONSULTANTS, AD HOC COMMITTEES, TASK FORCES
AND SIMILAR GROUPS **
Commission Regulation 18700 defines "consultant" as an individual who, pursuant
to a contract with a state or local government agency:
(A) Makes a governmental decision whether to:
(i) Approve a rate, rule, or regulation;
(ii) Adopt or enforce a law;
(iii) Issue, deny, suspend, or revoke any permit, license, application,
certificate, approval, order, or similar authorization or entitlement;
(iv) Authorize the agency to enter into, modify, or renew a contract
provided it is the type of contract which requires agency approval;
(v) Grant agency approval to a contract which requires agency approval
and in which the agency is a party or to the specifications for such a
contract;
(vi) Grant agency approval to a plan, design, report, study, or similar item;
(vii) Adopt, or grant agency approval of, policies, standards, or guidelines
for the agency, or for any subdivision thereof; or
(B) Serves in a staff capacity with the agency and in that capacity performs the
same or substantially all the same duties for the agency that would otherwise
be performed by an individual holding a position specified in the agency's
Conflict of Interest Code.
** With respect to consultants, ad hoc committees, task forces and similar groups, the City
Manager shall determine in writing if a particular consultant, ad hoc committee, task force
or similar group performs a range of duties requiring disclosure hereunder. That
determination shall include a description of the consultant's, ad hoc committee's, task
force's or similar group's duties and a statement of the extent of disclosure requirements.
A copy of that determination shall be filed with the City Clerk and a copy forwarded to the
City Council.
APPENDIX B
CateQory 1
Persons in this category shall disclose all interests in real property within the jurisdiction
of the City. Real property shall be deemed to be within the jurisdiction if it or any part of
it is located not more than two miles outside the City's boundaries or within two miles of
any land owned or used by the City.
CateQory 2
Persons in this category shall disclose all income from and investments in the businesses
which provide or sell services or supplies of the type associated with the job assignment
and utilized by the City. In addition, as to any business entity in which the person or his
or her spouse owns, directly, indirectly or beneficially, a ten percent or greater interest, the
person shall disclose his or her pro rata share of the income and the sources of income
of the entity if the entity provides or sells services or supplies of the type indicated in the
first sentence of this paragraph.
AGENDA NO. 8.1
NO DOCUMENTATION AVAILABLE
C ITY OF DIAMOND RAIZ
AGENDA REPORT
AGENDA NO. `8, 2 -
TO: Honorable Mayor and Members of the City Council
MEETING DATE: November 2, 1999 REPORT DATE: October 28, 1999
FROM: Terrence L. Belanger, City Manager
TITLE: Increase in CDBG Public Service Allocations
SUMMARY: In January 1999, the City Council approved the 1999-2000 funding allocations
for the Community Development Block Grant (CDBG) Program. In January, the City was
limited to allocate a maximum of 15% ($55,929) to public service projects. Due to the
limitation, the City could not fund a majority of the public service requests. In August 1999 the
City was informed of the authorization to allocate up to 25% of the total allocation for public
service projects, an additional $37,286 for a total public service authority of $93,215. The City
has unallocated CDBG funds that can be used for the public service projects. All projects that
requested CDBG monies are now being funded. The Finance Sub -Committee reviewed the
additional funding recommendations.
RECOMMENDATION: It is recommended that the City Council adopt Resolution 99-02A
"A Resolution of the City Council of the City of Diamond Bar Amending the City's Community
Development Block Grant Program for Fiscal Year 1999-2000" and authorize the City Manger to
sign all necessary documents.
LIST OF ATTACHMENTS:
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
X Staff Report
Resolution(s)
_ Ordinance(s)
Agreement(s)
_Public Hearing Notification
_Bid Specification
X Other: Matrix, proposals
1.
Has the resolution, ordinance or agreement been reviewed
X Yes
No
by the City Attorney?
_
2.
Does the report require a majority vote?
X Yes
No
3.
Has environmental impact been assessed? N/A
Yes
_
No
4.
Has the report been reviewed by a Commission?
_
Yes
_
XNo
Which Commission?
_
5.
Are other departments affected by the report?
X Yes
_ No
Report discussed with the following affected departments: Community Services
REVIEWED BY:
Terren L. Belange
City Manager
Ke lee A. Fritzal
Assistant to the City Manager
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: November 2, 1999
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: Increase in CDBG Public Service Allocations
ISSUE STATEMENT:
Should the City Council approve an increase in CDBG funding for Public Service Projects?
RECOMMENDATION:
It is recommended that the City Council adopt Resolution 99-02A "A Resolution of the City
Council of the City of Diamond Bar Amending the City's Community Development Block Grant
Program for Fiscal Year 1999-2000" and authorize the City Manger to sign all necessary
documents.
FINANCIAL SUMMARY:
Approval of the increase in CDBG funding for the Public Service Projects does not affect the
General Fund. The Community Development Commission reimburses CDBG funds.
BACKGROUND/DISCUSSION:
During the 1999-2000 CDBG allocation process, the City was limited to funding over 15%
towards public service projects. Due to the Los Angeles Riots, there was a five (5) year
exception to the 15% public service cap, increasing it to 25%. The 25% public service cap
exception reached the sunset clause in Fiscal Year 1998-98. The Federal Government authorized
the Greater Los Angeles Area to utilize the 25% public service cap for the 1999-2000 year. The
additional public service cap must be expended by June 30, 2000. Local cities and Los Angeles
County lobbied to create the permanent retention of the 25% public service cap. This year's
extension is one step towards that goal.
As part of the 1999-2000 Request for Proposals, the City received public service requests
totaling $107,109. All funding requests and amount funded are on the attached matrix. The City
was able to fund only $55,929 of the requests. The City now has the ability to allocate an
additional $37,286 to public service projects. The additional funding would be from the City's
unallocated CDBG monies. The unallocated CDBG monies are from projects: that have been
completed, but did not expend the entire CDBG budget; and/or projects that have been allocated
but canceled (1999 Handicap Access Ramps $81,000); and/or monies that were allocated to
2
projects that have been disapproved by the Community Development Commission
(Senior/Community Center - $250,000).
Based upon the public service projects it is recommended that the following projects be provided
additional funding:
Senior Program — represents three different senior groups — Diamond Bar Senior Group,
Evergreen Chinese Club, and Sunshine Group.
Requested $51,594 Funded $34,429 Revised $47,215
The additional funding would be for insurance (all 3 groups), food give -a -way truck
rental, special events, medical seminars and English Classes.
Diamond Bar/Walnut YMCA Child Care — provides after school childcare to low and
low -moderate income families. The ChildCare allows single mothers to work and have
the children in a safe environment.
Requested $34,000 Funded $15,000 Revised $30,000
Diamond Bar/Walnut YMCA Day Camp — provides summer camp and off-track
childcare programs to low and low -moderate income families.
Requested $15,000 Funded $6,500 Revised $11,000
Project Sister — provides prevention programming to senior citizens. Last year the
project was funded through the State COPS program and was expanded to provide
outreach to the Asian communities. The project is being funded through the State COPS
program. The staff at Project Sister prefers the use of COPS funding due to the ability to
reach a larger audience.
Service Center for Independent Living — Provide independent living services,
newsletter, and community forums on disability issues.
Requested $5,000 Funded $0 Revised $5,000
All groups have been invited to the meeting to discuss their projects and use of the additional
funding.
3
CITY OF DIAMOND BAR
COMMUNITY DEVELOPMENT BLOCK GRANT
PUBLIC SERVICE PROGRAMS
1999-00 PROGRAM YEAR
Service
Requested
Jan. 1999
RevisedStaff
City Council
Agency
Provided
Funds
CC Allocations
Recommendations
Allocation
City of Diamond Bar
Senior
$51,594
$34,429
$47,215
Services
Diamond Bar/Walnut
Child Care
$34,000
$15,000
$30,000
YMCA
Day Camp
$15,000
$6,500
$11,000
Project Sister
Prevention
$1,515
$0
$0
COPS
for seniors
Service Center for
Disability
$5,000
$0
$5,000
Independent Living
Services
Sub -total
$107,109
$55,929
$93,215
$0
RESOLUTION 99- 02A
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
AMENDING THE CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM FOR FISCAL YEAR 1999-2000
WHEREAS, on August 22, 1974, the President of the United States signed into law the
Housing and Community Development Act of 1974 (Act); and
WHEREAS, the primary goals of Title I of the Act are the development of viable urban
communities by providing decent housing and a suitable living environment, and expanding
economic opportunities, principally for persons of low and moderate income; and
WHEREAS, the City of Diamond Bar has received notification of the availability of
$372,858 in federal Community Development Block Grant (CDBG) funds to further the
attainment of these goals during Fiscal Year 1999-2000; and
WHEREAS, the City has $67,050 in CDBG funds from previous fiscal years that need to be
allocated to specific projects/programs; and
WHEREAS, suggestions have been requested from residents, community organizations,
and City Departments for the utilization of these funds; and
WHEREAS, the City has published information regarding eligible activities under the Act
and met with all interested groups and conducted a public hearing to solicit comments and
suggestions from the community for the utilization of these funds.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond
Bar as follows:
Section 1. The funding allocation for the 1999-2000 CDBG Program year shall be:
Public Service $93,215
City Senior Program $47,215
YMCA Childcare $30,000
YMCA Day Camp $11,000
SCIL $ 5,000
Administration $37,285
Public Works $227,500
ADA Park Retrofit $ 20,000
DBIA Paint the Town $ 7,500
Senior/Community Center $200,000
Section 2. That the City Manager is authorized and directed to submit the City's final Cost
Summary for Fiscal Year 1999-2000 to the County of Los Angeles, reflecting the funding
allocations set forth herein. Should the City's final allocation vary by more than twenty-five
percent (25%) from the figures contained herein, the City Manager is authorized to allocate the
additional funds to eligible activities.
Section 3. That the City Manager is authorized to execute the contractual and related
documents to be prepared by the County of Los Angeles that are required for the implementation
of the projects/programs set forth herein.
Section 4. This Resolution shall take effect from and after the date of its passage and
adoption.
PASSED, APPROVED, AND ADOPTED this th day of 1999.
Mayor
I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, California do hereby certify that
the foregoing Resolution Number 99- was duly and regularly passed and adopted by the
City Council of the City of Diamond Bar, California, at its adjourned regular meeting held on the
day of , 1999, by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Lynda Burgess, City Clerk
City of Diamond Bar, California
REDEVELOPMENT AGENCY OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE BOARD OF DIRECTORS
OCTOBER 19, 1999 1AN
CALL TO ORDER: Chairwoman Ansari called the meeting to order
at 6:06 p.m. in the South Coast Air Quality Management District Auditorium, 21865
E. Copley Drive, Diamond Bar, California.
ROLL CALL: Agency Members Herrera, O'Connor, Vice
Chairman Huff and Chairwoman Ansari. Agency Member Chang was excused.
Also present were: Terrence L_ Belanger, Executive Director; Mike
Jenkins, Agency Attomey; James DeStefano, Deputy City Manager; David Liu,
Deputy Public Works Director; Mike Nelson, Communications and Marketing
Director, and Lynda Burgess, Agency Secretary.
2. PUBLIC COMMENTS: None
3. CONSENT CALENDAR: AM/Huff moved, AM/O'Connor seconded, to
approve the Consent Calendar as presented. Motion carried by the following Roll
Call vote:
AYES:
AGENCY MEMBERS - Herrera, O'Connor, VC/Huff, Chair/Ansari
NOES:
AGENCY MEMBERS - None
ABSENT:
AGENCY MEMBERS - Chang
3.1 APPROVED MINUTES - Regular Meeting of October 5, 1999 - As submitted.
3.2 APPROVED VOUCHER REGISTER - dated October 19, 1999 in the amount
of $10,894.60.
4. PUBLIC HEARINGS: None
5. OLD BUSINESS: None
6. NEW BUSINESS:
6.1 AWARD OF PROFESSIONAL SERVICES CONTRACT FOR TRAFFIC
SIGNAL DESIGN AT THE INTERSECTION OF GATEWAY CENTER DRIVE AND
VALLEY VISTA DRIVE - The Gateway Center has 8 lots currently being developed
and is anticipated to generate approximately 7000 additional daily 2 -way trips of
traffic (current trips for the Gateway Center are 9600 daily trips). With this
projection, the intersection of Gateway Center Drive and Valley Vista Drive would
exhibit potential vehicular movement conflicts. To be proactive to this anticipated
development, the installation of a traffic signal is recommended to facilitate the
vehicular movements. Two proposals have been received: one from Warren Siecke
($4,300) and one from Linscott, Law & Greenspan Engineers ($5,160), for
professional services to design the necessary traffic signal. Staff proposes to
award the design contract to Warren Siecke.
October 19, 1999 PAGE 2 REDEVELOPMENT AGENCY
Martha Bruske expressed concern about new employees in the Gateway Corporate
Center and the resulting impact to traffic on Golden Springs Dr. She was also
concerned about the traffic in and around the post office at noon time. She asked
the Agency to consider the "big picture" with respect to traffic issues.
Chair/Ansari stated that the Council and Redevelopment Agency is proactively
addressing the increased traffic throughout the City by conducting traffic studies
and installing traffic signals where appropriate.
AM/Herrera moved, AM/O'Connor seconded, to award a professional services
contract for traffic signal design at the intersection of Gateway Center Dr. and
Valley Vista Dr. to Warren Siecke in an amount not -to -exceed $4,300 and authorize
a contingency amount of $700 for project change orders to be approved by the
Director, for a total authorization amount of $5,000. Motion carried by the following
Roll Call vote:
AYES:
AGENCY MEMBERS - Herrera, O'Connor, VC/Huff, Chair/Ansari
NOES:
AGENCY MEMBERS - None
ABSENT:
AGENCY MEMBERS - Chang
7. AGENCY MEMBER COMMENTS: VC/Huff believed that there is still some
confusion about redevelopment. He reiterated that to date, the Redevelopment
Agency has spent about $140,000 toward refurbishing the D.B. Library, conducting
traffic studies, implementing signal improvements, rehabilitation of Lemon Ave.
including median landscaping, and assisting in the relocation of Travelers Insurance
and Allstate Insurance, which will result in 2000 plus jobs for the City and additional
income for local businesses. These things are consistent with the Agency's original
intent.
Chair/Ansari stated she would like to have an urban runoff pollution mitigation
program for buildings included in the Redevelopment Plan. She is pleased with the
success of the Agency in attracting businesses to the City. She said the Chamber
of Commerce had been very helpful in this process.
AGENCY ADJOURNMENT: There being no further business to conduct, Chair/Ansari
adjourned the meeting at 6:17 p.m.
ATTEST:
Chair
LYNDA BURGESS
Agency Secretary
r Y-)' z
DIAMOND BAR REDEVELOPMENT AGENCY
INTEROFFICE MEMORANDUM
TO: Chairman Ansari and Board of Directors
FROM: Linda G. Magnuson ginance Director
SUBJECT: Voucher Register, November 2,1999
DATE: October 28, 1999
Attached is the Voucher Register dated November 2, 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 November 02, 1999 have been
reviewed, approved, and recommended for payment. Payments are
hereby allowed from the following funds in these amounts
FUND DESCRIPTION PREPt'4lD
61C, REDEVEL017111ENT AGENSY FUNC .0(j
PEPOPT FOP ALL FUNDE .0o
APPROVED
�
Linda G. Ezleen R. Ansari
Fznance Director Chairman
_
Terrence L. Belanger Robert S. Huff
E�ec..tive Djrector � � Vice Chairman
VOUCHERS
22,527.85
TOTAL
22,527.85
22,527.O5
RUN DATE: 10/27/1999 17:47:44
FUND/SECT-ACCT-PROJECT-ACCT
INCA ENGINEERS, INC.
6107110-46411-RO598-46411
6107110-46411-80498-46411
RICHARDS, WATSON " GERSHON
6107110 -4402(] --
6107110 -44020 --
DIAMOND BAR REDEVELOPMEN- AGENZY
VOUCHER REGISTER
DUE THRU: 11/02/1999
PO M INVOICE DESCRIPTION AMOUNT
PAGE: 1
PREPAID
DATE CHECK
22804A
DSGN IMPRV-LEMON AVE
1,712.60
5/8/64
DSGN IMVRPVMNT-LEMON/G/SP
15,500.00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
17;212.60
TOTAL DUE VENDOR
17,212.60
900E 104(.+5t
LEGAL SVCS -RDA SEPT
142.051
9008 104055
LEGAL SVCS -RDA SEPT
5,173.20
TOTAL PREPAIDS
.01
TOTAL VOUCHERS
5,315.25
TOTA- CUE VENDOR
5,315.2`
REPORT TOTAL PREPAIDS
REPORT TOTAL VOUCHERS
FEFORT TOTAL
.00
22,527.85
8
22,527.85
DIAMOND BAH REDEVELOPMENT A(iENGY
AGENDA REPORT
AGENDA NO. Y)-3
TO: Terrence L. Belanger, Executive Director
MEETING DATE: November 02, 1999 REPORT DATE: October 25, 1999
FROM: Linda G. Magnuson, Finance Director
TITLE:
Treasurer's Report - September 30, 1999
SUMMARY:
Submitted for the Redevelopment Agency Board's review and approval is the Treasurer's Statement for the
month of September 1999.
RECOMMENDATION:
Review and approve.
LIST OF ATTACHMENTS
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
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:
REVIEWED BY:
Ter1ce L. Belanzr_
Executive Director
DEPARTMENT HEAD:
XLin=GM�gIsl"�
Finance Director
— Yes _ No
_ Yes _ No
_ Yes No
Yes ^ No
—Yes —No
DIAMOND BAR REDEVELOPMENT AGENCY REPORT
AGENDA NO.
MEETING DATE: November 02, 1999
TO: Chairman and Members of the Board
FROM: Terrence L. Belanger, Executive Director
SUBJECT: Treasurer's Statement — September 30, 1999
ISSUE STATEMENT:
Per Agency policy, the Finance Department presents the monthly Treasurer's Statement for the
Redevelopment Agency Board's review and approval.
RECOMMENDATION:
Approve the September 1999 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
September 1999. 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
September 30, 1999
Note: The Redevelopment Agency approved a development and disposition agreement with "Triple T Diamond Gate
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 LAIF investment yield.
L.A.I.F - Effective Yield for August 1999 5.225%
Certificate of Deposit Yield (5/17/99-11/11/99) 4.550%
Terrence L. Belanger, Treasurer
BEGINNING
TRANSFERS
ENDING
BALANCE RECEIPTS
DISBURSEMENTS
IN (OUT)
BALANCE
REDEVELOPMENT AGENCY CIPI'D
$1,020,310.41 $146,207.53
$1,166,517.94
LOW & MOD INCOME HOUSING FD
-
REDEVELOPMENT DEBT SVC FD
-
TOTALS
$1,020,310.41 $146,207.53
$0.00
$0.00
$1,166,517.94
SUMMARY OF CASH:
DEMAND DEPOSITS:
GENERAL ACCOUNT
$157,528.32
TOTAL DEMAND DEPOSITS
$157,528.32
INVESTMENTS:
TIME CERTIFICATES
1,008,989.62
LOCAL AGENCY INVESTMENT FD
0.00
TOTAL INVESTMENTS
$1,008,989.62
TOTAL CASH
$1,166,517.94
Note: The Redevelopment Agency approved a development and disposition agreement with "Triple T Diamond Gate
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 LAIF investment yield.
L.A.I.F - Effective Yield for August 1999 5.225%
Certificate of Deposit Yield (5/17/99-11/11/99) 4.550%
Terrence L. Belanger, Treasurer
MEMORANDUM
TO: HONORABLE CHAIRWOMAN AND MEMBERS OF THE BOARD
FROM: TERRENCE L. BELANGER, EXECUTIVE DIRECTOkU
RE: DBRDA REAL ESTATE IMPLEMENTATION SERVICES - RSG, INC.
DATE: NOVEMBER 2, 1999
RECOMMENDATION:
It is recommended that the Board of Directors approve a contract in an amount not to
exceed $20,000, with Rosenow Spevacek Group, Inc., for real estate implementation
consultant services.
DISCUSSION:
The Development and Disposition Agreements (DDAs) entered into by the Diamond Bar
Redevelopment Agency and Triple T Diamond Gateway LLC (Travelers) and Diamond
Bar Partners, LLC (Allstate) require ongoing implementation services, related to the
terms and conditions of the DDAs. Further, both DDAs will require detailed review of
actual project costs incurred by the developers prior to the Agency's' final assistance
disbursement.
Rosenow Spevacek Group (RSG) provided real estate and economic consulting services
at the time the DDAs were considered and approved. RSG is the firm that is best
qualified to provide on-going implementation services related to the DDAs.