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Home My WebLink About5/18/1999Tuesday, May 18, 1999 4:00 p.m. — Study Session CC -2 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 in the Office of the City Clerk, and are available for public inspection. If you have questions regarding an agenda item, please contact the City Clerk at (909) 860-2489 during regular business hours. In an effort to comply with the requirements of Title H of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting. Please refrain from smoking, eating or drinking in the Council Chambers. The City of Diamond Bar uses recycled paper and encourages you to do the same. DIAMOND BAR CITY COUNCIL RULES (ALSO APPLIES TO COMNUSSION AND COMMITTEE MEETINGS) PUBLIC INPUT The meetings ofthe 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 ofthe 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 business of the Council. Individuals are requested to refrain from personal attacks towards Council Members or other citizens. Continents which are not conducive to a positive business meeting environment are viewed as attacks against the ertire City Council and will not be tolerated. Your cooperation is greatly appreciated In accordance with Government Code Section 54954.3(a) the Chair may from time to time dispense with public comment on items previously considered by the Council. (Does not apply to Committee meetings.) In accordance with State Law (Brown Act), all matters to be acted on by the City Council must be posted at least 72 hours prior to the Council meeting. In case of emergency, or wbem a subject matter arises subsequent to the posting ofthe agenda, upon making certain findings the Council may act on an item that is not on the posted agenda. CONDUCT IN THE CITY COUNCIL CHAMBERS The Chair shall order removed born the Council Chambers any person who commits the following acts in respect to a regular or special meeting ofthe Diamond Bar City Council. A Disorderly behavior toward the Council or any member ofthe staff thereof tending to interrupt the due and orderly course of said meeting. B. A breach ofthe peace, boisterous conduct or violent disturbance, tending to interrupt the due and orderly course of said meeting. C. Disobedience of any lawful order ofthe Chair, which shall include an order to be seated or to refrain from addressing the Board; and D. Any other unlawful interference with the due and orderly conduct of said meeting. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COUNCIL Agendas for the regular Diamond Bat City Council meetings are prepared by the City Clerk and are available 72 hours prior to the meeting. Agendas are available electronically and may be accessed by a personal computer through a phone modem Every meeting ofthe City Council is recorded on cassette tapes and duplicate tapes are available for a nominal charge. ADA REQUIREMENTS A cordless microphone is available for those persons with mobility impairments who cannot access the public speaking area. Sign language interpreter services are also available by giving notice at least three business days in advance ofthe meeting. Please telephone (909) 860-2489 between 8 am and 5 p.m Monday through Friday. HELPFUL PHONE NUMBERS Copies of Agenda, Rules ofthe Council, Cassette Tapes of Meetings (909) 860-2489 Computer Access to Agendas (909) 860 -LINE General Information (909) 860-2489 NOTE: ACTION MAY BE TAKEN ON ANY ITEM IDENTIFIED ON THE AGENDA. 1. 2. 3. Next Resolution No. 99-31 Next Ordinance No. 06(1999) STUDY SESSION: 4:00 p.m. - CC -2 Discussion of proposed FY 1999-00 Municipal Budget CLOSED SESSION: CALL TO ORDER: 6:30 p.m., May 18, 1999 PLEDGE OF ALLEGIANCE: Mayor 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 SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 3.1 (a) Proclaiming May as "Older Americans Month", specifically, Thursday, May 20, 1999 designated "Older Americans Recognition Day." (b) Presentation of Certificate of Recognition to Mildred Bergez for being named "Outstanding Older American." 3.2 Proclaiming May 24-28, 1999 as "Vector Control Awareness Week." 3.3 Proclaiming May, 1999 as "Small Business Month." 3.4 Certificate of Recognition to D.B. Breakfast Lions Club. 3.5 Presentation of Commendation to L.A. County Sheriff Community Service Officer Devin Kolstad, Deputies Florentino Madrid and Peter Duran for their swift actions during the fire at Sycamore Canyon Park on April 19, 1999. MAY 18, 1999 PAGE 2 3.6 Presentation of Certificates of Recognition to Lorbeer Middle School students Brian Bautista, Daniel Tith, Justin Terrill and Jason Serrano, recipients of ExploraVision Awards. 3.7 Presentation of Plaque to Raul Medina for his long time community involvement. RECESS: RECONVENE: 4. PUBLIC C014IlMNTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Although the City Council values your comments, pursuant to the Brown Act, the Council generally cannot take any action on items not listed on the posted agenda. Please complete a Speaker's Card and give it to the City Clerk (completion of this form is voluntary). There is a five minute maximum time limit when addressing the City Council. 5. SCHEDULE OF FUTURE EVENTS: 5.1 HOUSEHOLD HAZARDOUS WASTE ROUNDUP - May 22, 1999 - West Covina City Maintenance Yard - 9:00 a.m. - 3:00 p.m., 825 Sunset Ave., West Covina. 5.2 PLANNING COMMISSION - May 25, 1999 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.3 PARKS AND RECREATION COMMISSION - May 27, 1999 - 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. 5.4 CITY COUNCIL MEETING - June 1, 1999 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.5 TOWN HALL MEETING (Y2K) - June 5, 1999 - 9:00 a.m. - 12:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.6 TOWN HALL MEETING - (Proposed Lanterman Development Center Forensic Confinement Program) - June 12, 1999 - 9:00 12:00 p.m., Walnut High School, 400 Pierre Rd., Walnut. 5.7 9th ANNUAL CONCERT IN THE PARKS - First in the series of 10 Concerts - June 16, 1999 - 6:30 - 8:00 p.m., SOUTHLAND BAND (Contemporary), Sycamore Canyon Park, 22930 Golden Spgs. Rd. MAY 18, 1999 PAGE 3 6. CONSENT CALENDAR: 6.1 VOUCHER REGISTER - Approve Voucher Register dated May 18, 1999 in the amount of $582,428.50. Requested by: Finance Division 6.2 RESOLUTION NO. 99 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR GOLDEN SPRINGS DRIVE STREET REHABILITATION PROJECT BETWEEN GRAND AVENUE AND TORITO LANE, IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS - Golden Spgs. Dr., between Grand Ave. and Torito Ln., is in need of pavement rehabilitation. The existing pavement for Golden Spgs. Dr. has been analyzed and evaluated in order to determine the most practical and economical approach for the roadway improvements. Based on the findings of the pavement evaluation, plans and specifications for the project have been prepared. Recommended Action: It is recommended that the City Council adopt Resolution No. 99 -XX approving the plans and specifications for the Golden Spgs. Dr. Street Rehabilitation Project and authorize the City Clerk to advertise the project for bids. Requested by: Engineering Division 6.3 (a) RESOLUTION NO. 99 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE ENGINEER'S REPORT FILED PURSUANT TO SECTION 22623 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE WITH RESPECT TO THE CITY OF DIAMOND BAR ASSESSMENT DISTRICT NO. 38; AND DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR CERTAIN LANDSCAPING MAINTENANCE WITHIN SAID DISTRICT FOR FISCAL YEAR 1999-00; AND FIXING A TIME AND PLACE FOR A HEARING OF OBJECTIONS THEREON - Pursuant to the City Council's direction of February 16, 1999, staff has prepared the Engineer's Report for District No. 38 for the 1999-00 FY. Said report has been prepared pursuant to the provisions of the Landscaping and Lighting Act of 1972 of Part 2 of Division 15 of the Streets and Highways Code of the State of California. The amount to be assessed for FY 1999-00 is to remain at $15.00 per parcel. Recommended Action: It is recommended that the City Council, approve the Engineer's Report, adopt Resolution No. 99 -XX to declare the City's intention to levy and collect assessments for District No. 38 and direct the City Clerk to advertise the public hearing MAY 18, 1999 PAGE 4 before the Council at the second regular meeting of June, 1999. (b)RESOLUTION NO. 99 -XX: A RESOLUTION OF THE CITY COUNCIL THE CITY OF DIAMOND BAR APPROVING THE ENGINEER'S REPORT FILED PURSUANT TO SECTION 22623 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE WITH RESPECT TO THE CITY OF DIAMOND BAR ASSESSMENT DISTRICT NO. 39; AND DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR CERTAIN LANDSCAPING MAINTENANCE WITHIN SAID DISTRICT FOR FISCAL YEAR 1999-00; AND FIXING A TIME AND PLACE FOR A HEARING OF OBJECTIONS THEREON - Pursuant to the City Council's direction of February 16, 1999, staff has prepared the Engineer's Report for District No. 39 for the 1999-00 FY. Said report has been prepared pursuant to the provisions of the Landscaping and Lighting Act of 1972 of Part 2 of Division 15 of the Streets and Highways Code of the State of California. The amount to be assessed for FY 1999-00 is to remain at $130.00 per parcel. Recommended Action: It is recommended that the City Council approve the Engineer's Report, adopt Resolution No. 99 -XX to declare the City's intention to levy and collect assessments for District No. 39 and direct the City Clerk to advertise the public hearing before the Council at the second regular meeting of June, 1999. (c) RESOLUTION NO. 99 -XX: A RESOLUTION OF THE CITY COUNCIL THE CITY OF DIAMOND BAR APPROVING THE ENGINEER'S REPORT FILED PURSUANT TO SECTION 22623 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE WITH RESPECT TO THE CITY OF DIAMOND BAR ASSESSMENT DISTRICT NO. 41; AND DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR CERTAIN LANDSCAPING MAINTENANCE WITHIN SAID DISTRICT FOR FISCAL YEAR 1999-00; AND FIXING A TIME AND PLACE FOR A HEARING OF OBJECTIONS THEREON - Pursuant to the City Council's direction of February 16, 1999, staff has prepared the Engineer's Report for District No. 41 for the 1999-00 FY. Said report has been prepared pursuant to the provisions of the Landscaping and Lighting Act of 1972 of Part 2 of Division 15 of the Streets and Highways Code of the State of California. The amount to be assessed for FY 1999-00 is to remain at $220.50 per parcel. Recommended Action: It is recommended that the City Council approve the Engineer's Report, adopt Resolution No. 99 -XX to declare the City's intention to levy and collect assessments for District No. 41 and direct the City Clerk to advertise the public hearing before the Council at the second regular meeting of June, 1999. MAY 18, 1999 PAGE 5 Requested by: Engineering Division 6.4 RESOLUTION NO. 99 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE INSTALLATION OF MULTI -WAY STOP SIGNS AT THE INTERSECTION OF BALLENA DRIVE AND PALOMINO DRIVE - In order to ensure that vehicles approaching the intersection of Ballena Dr. and Palomino Dr. come to a complete stop, on April 8, 1999, the Traffic and Transportation Commission recommended to the City Council the installation of multi -way stop signs at the intersection of Ballena Dr. and Palomino Dr. Recommended Action: It is recommended that the City Council adopt Resolution No. 99 -XX approving the installation of multi -way stop signs at the intersection of Ballena Dr. and Palomino Dr. Requested by: Engineering Division 6.5 EXTENSION OF CONTRACT FOR VENDOR SERVICES - Under the purchasing guidelines, blanket purchase orders (or any combination thereof), that are awarded to a single vendor shall not exceed $10,000 without prior authorization from the City Council. Due to the amount of projects that have been produced this fiscal year, along with those projects that are anticipated to be conducted over the next two months, the City will exceed the standard $10,000 amount authorized for digital services. Thus, to complete additional scheduled projects (as well as any not yet anticipated), it is necessary to increase the total amount of authorization from $10,000 to $16,000 for FY 98-99. With approximately two months left in this fiscal year, continuing our relationship with Highpoint Type and Graphics would, in the staff's opinion, be both cost effective and beneficial in meeting the City's anticipated needs. Recommended Action: It is recommended that the City Council approve an additional $6,000 for vendor services to be performed by Highpoint Type and Graphics (AKA Highpoint Digital Solutions) for the remainder of FY 98- 99. Requested by: Communications & Marketing Division 6.6 MEMBERSHIP OF THE CITY OF LAGUNA WOODS INTO THE CALIFORNIA JOINT POWERS AUTHORITY (CJPIA) - The California Joint Powers Insurance Authority Executive Committee, at their meeting of April 30, 1999, recommended the approval of the City of Laguna Woods for membership in the Authority. Entities applying for MAY 18, 1999 PAGE 6 membership must be approved by a two-thirds majority of the current membership. Recommended Action: Approve membership of the City of Laguna Woods in the CJPIA and authorize the Mayor to execute the consent form as the City's delegate to the Authority. Requested by: City Manager 6.7 APPROVAL OF PURCHASE ORDER TO PROCURE TRAFFIC SIGNAL POLES - On May 7, 1999, the Department of Community and Development Services - Public Works Division sent out requests for bids for the procurement of traffic signal poles for the Brea Canyon Rd./Diamond Crest Ln., Brea Canyon Rd./ Glenbrook Dr. and Brea Canyon Rd./Golden Spgs. Dr./ Traffic Signal Improvement Projects. Traffic signal poles were to be ordered in advance of the award of the construction contract to help expedite the construction time frame and ensure construction project duration of 90 calendar days. Traffic signal poles normally take 3 months for manufacturing and delivery. Two bids were received, from Pacific Lighting Sales, Inc. in an amount not -to - exceed $25,164.88 and from Union Metal in an amount not -to -exceed $23,162.23. Recommended Action: It is recommended that the City Council a) Allocate $50,000 from unappropriated Gas Tax balance and increase the Capital Improvement projects Fund by this $50,000 for the Brea Canyon Rd./Golden Spgs. Dr./ Traffic Signal Modification Project; and, b) Approve the purchase order to Pacific Lighting Sales, Inc. in an amount not -to -exceed $25,164.88. Requested by: Engineering Division 7. PUBLIC HEARINGS: 7:00 p.m., or as soon thereafter as matters may be heard. None 8. OLD BUSINESS: 8.1 SECOND READING - ORDINANCE NO. 05(1999): AN ORDINANCE OF THE CITY OF DIAMOND BAR REGARDING TRAFFIC REGULATIONS AND AMENDING TITLE 10 - VEHICLES AND TRAFFIC - On May 4, 1999, the City Council approved for first reading Ordinance No. 05(1999) amending Title 10 of the D.B. Municipal Code, which regulates the operation of vehicles upon City streets. The parking provisions of the title effectuate the efficient flow of traffic within the City and allows the City to improve and maintain traffic safety. The title is MAY 18, 1999 PAGE 7 being amended to clarify certain provisions and to improve traffic safety within the City. The amendments will ensure that the traffic and parking regulations are clear to persons driving within the City and improve the enforcement of existing traffic and parking regulations thus promoting safe, efficient traffic movement. Recommended Action: It is recommended that the City Council approve for second reading, by title only, waive full reading and adopt Ordinance No. 05(1999) regarding Traffic Regulations and amending Diamond Bar Municipal Code Title 10 - Vehicles and Traffic. Requested by: City Manager 8.2 APPROVAL OF CONTRACT WITH ROBERT BEIN, WILLIAM FROST & ASSOCIATES FOR GRAPHIC DESIGN SERVICES OF LANTERMAN DEVELOPMENTAL CENTER EXPANSION - The proposed Lanterman Development Forensic Expansion Project includes a "prison -like" compound. To visually illustrate the proposed compound (two sixteen ft. fences, 15 ft. apart, with four 28 ft. guard towers), the City requested proposals from firms which could graphically illustrate, three dimensionally, the final design. Robert Bein, William Frost & Associates (RFB)is the only firm who can meet the City's requirements, including time frame and dimensional models of the compound. (RBF) has photographed the proposed site, reviewed the environmental documents and architectural plans. Based on the review, the following three dimensional models will be created. The models will be completed within two weeks. Under the purchasing guidelines, contracts that are awarded to a single vendor shall not exceed $10,000 without prior authorization from the City Council. Recommended Action: It is recommended that the City Council approve a contract with Robert Bein, William Frost & Associates for an amount not to exceed $11,450.00, authorize the City Manager to sign the contract and approve a budget adjustment for said amount. Requested by: City Manager 8.3 SPECIAL LEGAL SERVICES RE: LANTERMAN DEVELOPMENTAL CENTER FORENSIC FACILITY PROJECT - The City Manager has contacted the firm of Livingston and Mattesich, specifically Joel C. Baiocchi, regarding representation of the City relative to the Lanterman Development Center Forensic Facility Project. Mr. Baiocchi has MAY 18, 1999 PAGE 8 submitted a scope of services proposal, for the City's consideration. The scope of legal work will be primarily focused on the licensing process, related to Lanterman. Recommended Action: It is recommended that the City Council enter into a contract and authorize special legal services with the firm of Livingston and Mattesich, in an amount not to exceed a total of $50,000; and, to allocate of $50,000 from the General Fund unallocated fund balance reserves. Requested by: City Manager 9. NEW BUSINESS: 9.1 RESOLUTION NO. 99 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING THE ASSIGNMENT AND TRANSFER OF A CABLE TELEVISION FRANCHISE AGREEMENT BY CITIZENS CENTURY CABLE TELEVISION VENTURE TO CENTURY -TCI CALIFORNIA, L.P. - On November 17, 1998, a limited partnership of Century Communications (parent company of Citizens Century Cable) and Tele- Communications, Inc. (TCI) was announced. In Southern California the limited partnership, Century -TCI California, L.P., will be 750 owned and operated by Century Communications. On February 17, 1999 the City received and application for the assignment and transfer of the existing cable television franchise, Citizens Century Cable Television Venture to the new limited Century/TCI partnership. In accordance with Federal Regulations, a cable transfer request must be acted upon, either approved or denied, by the City Council within 120 days of receipt of the Application (June 16). The review of the transfer application should include the capability of the new transferee to have the "financial, technical and legal qualifications to ensure the performance of all of the obligations required under the existing cable television franchise. Recommended Action: It is recommended that the City Council adopt Resolution No. 99 -XX Authorizing the Assignment and Transfer of a Cable Television Franchise Agreement by Citizens Century Cable Television Venture to Century -TCI California, L.P. Requested by: City Manager MAY 18, 1999 PAGE 9 9.2 AWARD OF CONTRACT FOR SPECIAL LEGAL SERVICES TO RICHARDS, WATSON & GERSHON FOR REVIEW OF THE CABLE TELEVISION TRANSFER - CENTURY COMMUNICATIONS TO ADELPHIA COMMUNICATIONS - On March 5, 1999, Century Communications entered into a merger agreement with Adelphia Communications Corp. The City received an Application for Franchise Authority consent to assignment or Transfer of Control of Cable Television Franchise -FCC Form 394, on April 26, 1999. A cable transfer request must be acted upon, either approved or denied, by the City Council within 120 days of receipt of the Application (August 23). The City must review the application, especially the legal, technical and financial aspects. The City requires the applicant to cover all legal and/or technical costs required in reviewing the transfer. A deposit of $2,000 from the applicant (Century) has been obtained. Richards, Watson & Gershon provided the legal review for 1997 Franchise Agreement with Jones Intercable and the transfer to Century Communications and are in the process of completing the 1999 Century/TCI transfer request. Recommended Action: It is recommended that the City Council authorize a contract with Richards, Watson & Gershon for special legal services pertaining to the Cable Transfer Application for an amount not to exceed $2,000 and authorize the City Manager to enter into said contract. Requested by: City Manager 9.3 DISCUSSION OF REORGANIZATION OF CITY COUNCIL/ REDEVELOPMENT AGENCY AGENDA FORMAT. Recommended Action: Direct staff as necessary. Requested by: City Manager 9.4 LANTERMAN COUNCIL SUBCOMMITTEE APPOINTMENT. Recommended Action: Direct Staff as necessary. Requested by: City Council 9.5 LEGISLATIVE RECOMMENDATIONS: Recommended Action: It is recommended that the City Council take the following positions on proposed State Legislation: MAY 18, 1999 PAGE 10 (a) AB 38 (Washington) and SB (Alarcon): SUPPORT - The legislative proposal would require the SCAQMD to create an Office of Technology Advancement to administer the clean -burning fuels program; the legislation requires the establishment of a thirteen member advisory group that will make recommendations to the Office Technology Advancement; and, the legislation extends the existing $1.00 fee on the renewal of motor vehicle registration in the district, to August 1, 2004. The $1.00 fee would have expired on August 1, 1999. (b) AB 84 (Granlund): OPPOSE - This legislation would seriously impede California Cities' ability to better organize and communicate the agenda of cities; both in Sacramento and to the citizens of the State. This bill prevents a city from paying membership dues to any organization that makes contributions to or establishes or maintains a committee, as defined under the Political Reform Act of 1974. This legislation is a direct attempt to stop the formation and development of the Action for Better Cities (ABC) that has been formed to strengthen the voice of city government(s), in California. It should be made clear that cities do not and cannot, either directly or indirectly, pay city monies or use city resources for "grassroots lobbying" or into a political action committee. This legislation would prevent the establishment of a political action committee that would be completely funded privately. (c) AB 373 (Robert Pacheco): SUPPORT - This legislation would prohibit the expenditure of funds that were approved in the Budget Act of 1998, for the purpose of constructing security improvements at Lanterman Development Center. The bill would prohibit any developmentally disabled patients from being placed at the Lanterman Center, as well as, prohibit any additional staffing or construction of security improvements from being made relating to the transfer of forensic patients to Lanterman, until July 1, 2000. This bill also requires, the State Department of Developmental Services to present a report, on or before February 1, 2000, to the Legislature relating to the planned transfer of forensic patients to Lanterman and the impact the security measures and patient transfers will have on the surrounding communities. (d) AB 1995 (Longville): SUPPORT - In the early 1990's the State Legislature shifted $3,590,000,000 in property taxes from local government to the Educational Revenue Augmentation Fund (ERAF), to fund schools. The massive revenue shift had and continues to have adverse impacts on the funding of local governmental services. MAY 18, 1999 PAGE 11 This legislation would reduce the amount of monies going from local governmental property taxes into ERAF, by ten percent (10%) per year until the amount of revenues that were shifted are reduced to zero. Requested by: Councilwomen Ansari and Herrera, Legislative Sub -Committee. 9.6 (1) ORDINANCE NO. 0X(1999) AN ORDINANCE OF THE CITY OF DIAMOND BAR AMENDING TITLE 15 OF THE DIAMOND BAR CODE ADOPTING, BY REFERENCE, THE -UNIFORM ADMINISTRATIVE CODE," 1997 EDITION, THE "UNIFORM BUILDING CODE", 1997 EDITION, VOLUMES 1, 2, AND 3, INCLUDING ALL APPENDICES THERETO, THE "UNIFORM MECHANICAL CODE", 1997 EDITION AND THE APPENDIX THERETO, THE "UNIFORM PLUMBING CODE", 1997 EDITION AND THE APPENDICES THERETO, THE "NATIONAL ELECTRICAL CODE" 1996 EDITION AND THE APPENDICES THERETO, "THE UNIFORM HOUSING CODE", 1997 EDITION AND THE APPENDICES THERETO AND THE "THE UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE-, 1997 EDITION AND APPENDIX 1 OF THE 1997 UNIFORM CODE FOR BUILDING CONSERVATION. ALL AS AMENDED BY THE CALIFORNIA BUILDING STANDARD COMMISSION AND SET FORTH IN TITLE 24 OF THE CALIFORNIA CODE OF REGULATION, TOGETHER WITH CERTAIN AMENDMENTS, ADDITIONS, DELETIONS AND EXEMPTIONS INCLUDING FEES AND PENALTIES (2) RESOLUTION NO. 99 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR MAKING EXPRESS FINDINGS AND DETERMINATIONS THAT MODIFICATIONS TO THE UNIFORM BUILDING CODE, UNIFORM PLUMBING CODE, AND NATIONAL ELECTRICAL CODE, AS ADOPTED BY ORDINANCE NO. 0X(1999) ARE REASONABLY NECESSARY BECAUSE OF LOCAL CLIMATIC, GEOLOGICAL OR TOPOGRAPHICAL CONDITIONS - The State of California reviews its Model Building Code regulations every three years, and adopts the most current Uniform Building Codes printed by the International Conference of Building Officials. The State adopted the 1997 Uniform Building Code, 1997 Uniform Plumbing Code, 1997 Uniform Housing Code and 1997 Uniform Mechanical Code, 1996 National Electric Code in January 1999. Local jurisdictions are required to adopt said codes by ordinance within six months or they will automatically be adopted by operation of law. The State allows local municipalities to amend the Uniform Building Codes to meet the unique climatic, geographical and topographical conditions of the City. Recommended Action: It is recommended that the City Council introduce Ordinance No. 0X(199) and set a date for public hearing on June 1, 1999. MAY 18, 1999 PAGE 12 Requested by: Planning Division RECESS TO REDEVELOPMENT AGENCY Next Resolution No. RA99-05 1. CALL TO ORDER: Chairman ROLL CALL: Agency Members Chang, Herrera, O'Connor, VC/Huff, C/Ansari 2. PUBLIC COMt-ZNTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Agency on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Although the Redevelopment Agency values your comments, pursuant to the Brown Act, the Agency generally cannot take any action on items not listed on the posted agenda. Please complete a Speaker's Card and give it to the Agency Secretary (completion of this form is voluntary). There is a five minute maximum time limit when ad ressjLg the Redevelopment Agency. 3. 4. 5. M CONSENT CALENDAR: 3.1 VOUCHER REGISTER - Approve Voucher Register dated May 18, 1999 in the amount of $4,919.98. Requested by: PUBLIC HEARINGS: OLD BUSINESS: NEW BUSINESS: Finance Division None None 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. MAY 18, 1999 PAGE 13 12. ADJOURNMENT: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: DATE: _ s ADDRESS: PHONE: ORGANIZATION: AGENDA #/SUBJECT: S' I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: �h,�c,. c/-�,— DATE: ADDRESS: �'PHONE:- ORGANIZATION: AGENDA #/SUBJECT: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: Geo vz it: 'fit A *A P DATE: ADDRESS: 23 84L�i .'+r, h e a�,,4,,,�,. Ur- ~Uo PHONE: *12.0 � ORGANIZATION: (cam AGENDA #/SUBJECT: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. `ySignature 179 TO: FROM: ADDRESS: ORGANIZATION: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL AGENDA #/SUBJECT: CITY CLERK W116L=, DATE: r 4kz- IK r I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: 22iWAIJ DATE: / ADDRESS: PHONE: ORGANIZATION: AGENDA #/SUBJECT: --LNT� d. /Ui ,'QC - I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature TO: FROM: ADDRESS: ORGANIZATION: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL CITY CLERK ir\ DATE: c)4-2.'1�� PHON AGENDA #/SUBJECT: "I . U I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: U'� l a.�•-��---� DATE: t ADDRESS: % PHONE:_±nLAL ORGANIZATION: / - AGENDA #/SUBJECT: C e I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signat e VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: w- /� DATE: ADDRESS: �P ao ,4 �x ,. �P c� �'' PHONE: U `e / — ORGANIZATION: AGENDA #/SUBJECT: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Si nature lui TO: FROM: ADDRESS: ORGANIZATION: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL AGENDA #/SUBJECT: CITY CLERK G=SA 13 F S DATE: PHONE: Y6 0._/00 I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. `-� gnature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: DATE: ADDRESS: UOrdezcl 0 Los #hei PHONE: 323 ..SF�u ORGANIZATION: Scl, /iley bh Sfr 1 t)(e 0- 2-4hobr_ V (4, MLO/v AGENDA #/SUBJECT: J � c a-�, a �� 'c /�.:� � �► sir �-c� �-�-, S � l �. �� a �� I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. .,signature CITY OF DIAMOND BAR "QUICK CAP" MINUTES MAY 18, 1999 Next Resolution No. 99-31 Next Ordinance No. 06(1999) STUDY SESSION: 4:00 p.m. - AQMD Room CC -2 Discussion of proposed FY 1999-00 Municipal Budget Present: Council Members Ansari, Huff, Mayor Pro Tem O'Connor, Mayor Chang. Council Member Herrera was excused. Also present were: Also present were: Terrence L. Belanger, City Manager; Mike Jenkins, City Attorney, James DeStefano, Community Development Director, Bob Rose, Community Services Director; Mike Nelson, Communications & Marketing Director; Linda Magnuson, Finance Director, Lynda Burgess, City Clerk, Rose Manela, Assistant Civil Engineer; Kellee Fritzal, Assistant to the City Manager, Anne Haraksin, Administrative Assistant and Gina Tharani, Account Clerk II. 1. CLOSED SESSION: None 2. CALL TO ORDER: M/Chang called the meeting to order at 6:50 p.m. in the Auditorium of the South Coast Air Quality Management District, 21865 E. Copley Dr., Diamond Bar, California. PLEDGE OF ALLEGIANCE: H.K. Speed Klinzing INVOCATION: Dr. Ted Martinez, Evangelical Free Church of Walnut ROLL CALL: Council Members Ansari, Huff, Mayor Pro Tem O'Connor, Mayor Chang. Council Member Herrera was excused. Also present were: Terrence L. Belanger, City Manager; Mike Jenkins, City Attorney, James DeStefano, Community Development Director, Bob Rose, Community Services Director; Mike Nelson, Communications & Marketing Director; Linda Magnuson, Finance Director and Lynda Burgess, City Clerk. APPROVAL OF AGENDA: CA/Jenkins explained that there is a potential conflict of interest by MPT/O'Connor and his advice to her was that she not participate in matters relating to the Lanterman Developmental Center issue; specifically, Agenda Item Nos. 8.2, 8.3, 9.4 and 9.5(c). 3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: FD/Maanuson introduced Gina Tharani, the Citv's new Account MAY 18, 1999 PAGE 2 Clerk II. 3.1 (a) Proclaimed May as "Older Americans Month", with Thursday, May 20, 1999 designated as "Older Americans Recognition Day." (b) Presented Certificate of Recognition to Mildred Bergez for being named "Outstanding Older American." 3.2 Proclaimed May 24-28, 1999 as "Vector Control Awareness Week." 3.3 Proclaimed May, 1999 as "Small Business Month." 3.4 Presented Certificate of Recognition to D.B. Breakfast Lions Club acknowledging their contribution to the blind and youth services to the YMCA and other services. 3.5 Presented Certificates of Commendation to L.A. County Sheriff Community Service Officer Devin Kolstad and Deputies Florentino Madrid and Peter Duran for their swift actions during the fire at Sycamore Canyon Park on April 19, 1999. 3.6 Presented Certificates of Recognition to Lorbeer Middle School students Brian Bautista, Daniel Tith, Justin Terrill and Jason Serrano, recipients of ExploraVision Awards. 3.7 Presented Plaque to Raul Medina for his long-time community involvement. RECESS: 7:35 p.m. RECONVENE: 8:08 p.m. C/Huff left the meeting at 8:08 p.m. 4. PUBLIC C014 ENTS: Bob Zirbes, DBIA, announced the third annual Paint the Town on Saturday, May 22, 1999 -- two houses will be painted this year beginning at 7 a.m. Mary Hollis, Schuler Institute, Lyndon LaRuche for President Campaign re crisis in the Balkans. Will result in global financial disintegration. Martha Bruske - Reminded Council of her concerns re traffic at Gold Rush & D.B. Blvd., lack of Code Enforcement, lack of discussion re upcoming budget at open Council meeting, location of Council Comments at end of agenda, etc. MAY 18, 1999 0 PAGE 3 Dr. Lawrence Rhodes - complained about "push carts" within the neighborhoods selling food and a variety of merchandise. Asked that 9.5(c) be moved behind 8.3. Roman Nava, new field representative for Assemblyman Pacheco, introduced himself to the Council and the community. Allen Wilson - Community/Civic Center Task Force will hold an open house at the AQMD on June Stn Jeff Koontz, Exec. Dir., Chamber of Commerce - announced upcoming Chamber events. SCHEDULE OF FUTURE EVENTS: 5.1 HOUSEHOLD HAZARDOUS WASTE ROUNDUP - May 22, 1999 - West Covina City Maintenance Yard - 9:00 a.m. - 3:00 p.m., 825 Sunset Ave., West Covina. 5.2 PLANNING COMMISSION - May 25, 1999 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.3 PARKS AND RECREATION COMMISSION - May 27, 1999 - 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. 5.4 CITY COUNCIL MEETING - June 1, 1999 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.5 TOWN HALL MEETING (Y2K) - June 5, 1999 - 9:00 a.m. - 12:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.6 TOWN HALL MEETING - (Proposed Lanterman Developmental Center Forensic Confinement Program) - June 12, 1999 - 9:00 a.m. - 12:00 p.m., Walnut High School, 400 Pierre Rd., Walnut. 5.7 9" ANNUAL CONCERTS IN THE PARKS - First in the series of 10 Concerts - June 16, 1999 - 6:30 - 8:00 p.m., SOUTHLAND BAND (Contemporary), Sycamore Canyon Park, 22930 Golden Spgs. Rd. 6. CONSENT CALENDAR: C/Huff returned at 8:42 p.m. Moved by C/Ansari, seconded by MPT/O'Connor to approve the Consent Calendar with the exception of Items No. 6.3a, b and c and 6.7. Motion carried 4-0-1 by Roll Call vote (C/Herrera absent) . 6.1 APPROVED VOUCHER REGISTER - dated May 18, 1999 in the amount of $582,428.50. MPT/O'Connor abstained on voting approval of P.O. # 8720 and P.O. #8686 relating to the Lanterman matter. 6.2 ADOPTED RESOLUTION NO. 99-31: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR GOLDEN SPRINGS DRIVE STREET REHABILITATION PROJECT BETWEEN GRAND AVENUE AND TORITO LANE, IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY MAY 18, 1999 PAGE 4 CLERK TO ADVERTISE TO RECEIVE BIDS. 6.4 RESOLUTION NO. 99-32: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE INSTALLATION OF MULTI -WAY STOP SIGNS AT THE INTERSECTION OF BALLENA DRIVE AND PALOMINO DRIVE. 6.5 APPROVED EXTENSION OF CONTRACT FOR VENDOR SERVICES - in an additional amount of $6,000 for vendor services to be performed by Highpoint Type and Graphics (AKA Highpoint Digital Solutions) for the remainder of FY 98-99. 6.6 APPROVED MEMBERSHIP OF THE CITY OF LAGUNA WOODS INTO THE CALIFORNIA JOINT POWERS AUTHORITY (CJPIA) - and author- ized the Mayor to execute the consent form as the City's delegate to the Authority. MATTERS WITHDRAWN FROM CONSENT CALENDAR: 6.3 (a) RESOLUTION NO. 99-33: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE ENGINEER'S REPORT FILED PURSUANT TO SECTION 22623 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE WITH RESPECT TO THE CITY OF DIAMOND BAR ASSESSMENT DISTRICT NO. 38; AND DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR CERTAIN LANDSCAPING MAINTENANCE WITHIN SAID DISTRICT FOR FISCAL YEAR 1999-00; AND FIXING A TIME AND PLACE FOR A HEARING OF OBJECTIONS THEREON - setting hearing for June 15, 1999. (b) RESOLUTION NO. 99-34: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE ENGINEER'S REPORT FILED PURSUANT TO SECTION 22623 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE WITH RESPECT TO THE CITY OF DIAMOND BAR ASSESSMENT DISTRICT NO. 39; AND DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR CERTAIN LANDSCAPING MAINTENANCE WITHIN SAID DISTRICT FOR FISCAL YEAR 1999-00; AND FIXING A TIME AND PLACE FOR A HEARING OF OBJECTIONS THEREON - setting hearing for June 15, 1999. (c) RESOLUTION NO. 99-35: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE ENGINEER'S REPORT FILED PURSUANT TO SECTION 22623 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE WITH RESPECT TO THE CITY OF DIAMOND BAR ASSESSMENT DISTRICT NO. 41; AND DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR CERTAIN LANDSCAPING MAINTENANCE WITHIN SAID DISTRICT FOR FISCAL YEAR 1999-00; AND FIXING A TIME AND PLACE FOR A HEARING OF OBJECTIONS THEREON - setting hearing for June 15, 1999. MAY 18, 1999 PAGE 5 Following discussion, moved by C/Ansari, seconded by MPT/O'Connor to adopt Resolution Nos. 99-33, 99-34 and 99-35. Motion carried 4-0-1 by Roll Call vote (C/Herrera absent) . 6.7 APPROVED PURCHASE ORDER TO PROCURE TRAFFIC SIGNAL POLES - for the Brea Canyon Rd./Diamond Crest Ln., Brea Canyon Rd./Glenbrook Dr. and Brea Canyon Rd./Golden Spgs. Dr./Traffic Signal Improvement Projects: a) Allocate $50,000 from unappropriated Gas Tax balance 5and increase the Capital Improvement projects fund by $0 Brea Canyon Rd./Golden Spgs. Dr./Traffic Signal Modification Project; and b) Approved a purchase order to Pacific Lighting Sales, Inc. in an amount not -to -exceed $25,164.88. Moved by C/Ansari, seconded by MPT/O'Connor to b) approve a purchase order with Pacific Lighting Sales, Inc. in an amount not -to -exceed $25,164.88 and continue the matter of a) allocating $50,000 from unappropriated Gas Tax balance and increase of Capital Improvement Projects Fund by $50,000 to June 1, 1999. Motion carried 4-0-1 by Roll Call vote (C/Herrera absent). 7. PUBLIC HEARINGS: None 8. OLD BUSINESS: 8.1 SECOND READING - ORDINANCE NO. 05(1999): AN ORDINANCE OF THE CITY OF DIAMOND BAR REGARDING TRAFFIC REGULATIONS AND AMENDING TITLE 10 - VEHICLES AND TRAFFIC - On May 4, 1999, Council approved first reading of Ordinance No. 05(1999) amending Title 10 of the D.B. Municipal Code, regulating operation of vehicles upon City streets. The parking provisions of the title effectuate the efficient flow of traffic within the City and allows the City to improve and maintain traffic safety. The title is being amended to clarify certain provisions and to improve traffic safety within the City. The amendments will ensure that traffic and parking regulations are clear to persons driving within the City and improve the enforcement of existing traffic and parking regulations thus promoting safe, efficient traffic movement. Moved by C/Ansari, seconded by C/Huff to approve second reading by title only, waive full reading and adopt Ordinance No. 05(1999) regarding Traffic Regulations and amending Diamond Bar Municipal Code Title 10 - Vehicles and Traffic. Motion carried 4-0-1 by Roll Call vote (C/Herrera absent). MAY 18, 1999 PAGE 6 8.2 APPROVAL OF CONTRACT WITH ROBERT BEIN, WILLIAM FROST & ASSOCIATES FOR GRAPHIC DESIGN SERVICES OF LANTERMAN DEVELOPMENTAL CENTER EXPANSION - The proposed Lanterman Developmental Forensic Expansion Project includes a "prison -like" compound. To visually illustrate the proposed compound (two sixteen ft. fences, 15 ft. apart, with four 28 ft. guard towers), the City requested proposals from firms which could graphically illustrate, three dimensionally, the final design. Robert Bein, William Frost & Associates (RFB)is the only firm who can meet the City's requirements, including time frame and dimensional models of the compound. (RBF) has photographed the proposed site, reviewed the environmental documents and architectural plans. Based on the review, three dimensional models will be created. The models will be completed within two weeks. Under purchasing guidelines, contracts that are awarded to a single vendor shall not exceed $10,000 without prior authorization from the City Council. MPT/O'Connor excused herself from the meeting due to a potential conflict of interest. Sue Sisk Rebecca ???? Jeff Koontz - has the City asked Lanterman or the State for this type of model? Karen Wade - What is the purpose of the model and , why isn't the attorney taking care of this? Allen Wilson - Couldn't we get this from the State? Dr. Rhodes - If it's not absolutely needed, don't spend the money on it. Following discussion, moved by C/Ansari, seconded by C/Huff to approve a contract with Robert Bein, William Frost & Associates, in an amount not to exceed $11,450, authorize the City Manager to sign the contract and approve a budget adjustment for said amount. Motion failed 2-1-2 by Roll Call vote(MPT/O'Connor and C/Herrera absent). 8.3 SPECIAL LEGAL SERVICES RE: LANTERMAN DEVELOPMENTAL CENTER FORENSIC FACILITY PROJECT - The City Manager has contacted the firm of Livingston and Mattesich, specifically Joel C. Baiocchi, regarding representation of the City relative to the Lanterman Developmental Center Forensic Facility Project. Mr. Baiocchi has MAY 18, 1999 0 PAGE 7 submitted a scope of services proposal for the City's consideration. The scope of legal work related to be primarily focused on the licensing process Sue Sisk - Dr. Rhodes - Jennifer Hoey - Read a letter directed to the citizens of D.B. Fred Encinas - Darla Farrell - Joseph Farrell - Moved by C/Huff, seconded by C/Ansari to enter into a contract and authorize special legal services with the firm of Livingston and Mattesich, in an amount not to exceed $50,000 and allocate $50,000 from the General Fund unallocated fund balance reserves. Motion carried 3-0-2 by Roll Call vote (MPT/O'Connor and C/Herrera absent). NEW BUSINESS: MPT/O'Connor re-entered the meeting. 9.1 RESOLUTION NO. 99-36: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING THE ASSIGNMENT AND TRANSFER CITIZENS COF A ENTURYACABLE TELEVISLE OIONFVENTUREETO AGREEMENT CENTURY-TCI B CITIZENS CALIFORNIA, L.P. - On November 17, 1998, a limited partnership of Century Communications (parent company of Citizens Century Cable) and Tele-Communications, Inc. (TCI) was announced. In Southern California the limited partnership, Century -TCI California, L.P., will be 750 owned and operated by Century Communications. On February 17, 1999 the City received and application for the assignment and transfer of the existing cable television franchise, Citizens Century Cable Television Venture to the new limited Century/TCI partnership. In accordance with Federal Regulations, a cable transfer request must be acted upon, either approved or denied, by the City Council within 120 The days of orreceipt t of the Application (June 16). fer application should include the capability of the new transferee to have the "financial, technical and legal qualifications to ensure the performance of all of the obligations required under the existing cable television franchise. MAY 18, 1999 PAGE 8 Moved by C/Ansari, seconded by C/Huff to adopt Resolution No. 99-35 Authorizing the Assignment and Transfer of a Cable Television Franchise Agreement by Citizens Century Cable Television Venture to Century -TCI California, L.P. Motion carried 4-0-1 by Roll Call vote (C/Herrera absent). 9.2 AWARD OF CONTRACT FOR SPECIAL LEGAL SERVICES TO RICHARDS, WATSON & GERSHON FOR REVIEW OF THE CABLE TELEVISION TRANSFER - CENTURY COMMUNICATIONS TO ADELPHIA COMMUNICATIONS - On March 5, 1999, Century Communications entered into a merger agreement with Adelphia Communications Corp. The City received an Application for Franchise Authority consent to assignment or Transfer of Control of Cable Television Franchise -FCC Form 394, on April 26, 1999. A cable transfer request must be acted upon, either approved or denied, by the City Council within 120 days of receipt of the Application (August 23). The City must review the application, especially the legal, technical and financial aspects. The City requires the applicant to cover all legal and/or technical costs required in reviewing the transfer. A deposit of $2,000 from the applicant (Century) has been obtained. Richards, Watson & Gershon provided the legal review for 1997 Franchise Agreement with Jones Intercable and the transfer to Century Communications and are in the process of completing the 1999 Century/TCI transfer request. Moved by C/Ansari, seconded by MPT/O'Connor to authorize a contract with Richards, Watson & Gershon for special legal services pertaining to the Cable Transfer Application for an amount not to exceed $2,000 and authorize the City Manager to enter into said contract. Motion carried 4-0-1 by Roll Call vote (C/Herrera absent) . 9.3 DISCUSSION OF REORGANIZATION OF CITY COUNCIL/ REDEVELOPMENT AGENCY AGENDA FORMAT. Council consensus to continue the matter to June 1, 1999. 9.3 LANTERMAN COUNCIL SUBCOMMITTEE APPOINTMENT - Martha Bruske Fred Encinas Dr. Rhodes Jeff Koontz Mary Burns I Does the City have statistics on how many MAY 18, 1999 PAGE 9 forensic patients have escaped from Metropolitan State Hospital? Moved by C/Huff, seconded by C/Ansari to appoint C/Huff to the Subcommittee. Motion carried 3-0-2 by Roll Call vote (MPT/O'Connor and C/Herrera absent). 9.5 LEGISLATIVE RECOMMENDATIONS: (a) AB 38 (Washington) and SB 98 (Alarcon): SUPPORT - The legislative proposal would require the SCAQMD to create an Office of Technology Advancement to administer the clean -burning fuels program; require establishment of a thirteen member advisory group to make recommendations to the Office of Technology Advancement; and the legislation extend the existing $1.00 fee on the renewal of motor vehicle registration in the district to August 1, 2004. The $1.00 fee would have expired on August 1, 1999. Council consensus to direct staff to obtain further information from the AQMD regarding AB 38 and SB 98 and continue the matter to June 1, 1999. (b) AB 84 (Granlund): OPPOSE - This legislation would seriously impede California Cities' ability to better organize and communicate the agenda of cities; both in Sacramento and to the citizens of the State. This bill prevents a city from paying membership dues to any organization that makes contributions to or establishes or maintains a committee, as defined under the Political Reform Act of 1974. This legislation is a direct attempt to stop the formation and development of the Action for Better Cities (ABC) that has been formed to strengthen the voice of city government(s) in California. It should be made clear that cities do not and cannot, either directly or indirectly, pay city monies or use city resources for "grassroots lobbying" or into a political action committee. This legislation would prevent the establishment of a political action committee that would be completely funded privately. Moved by C/Ansari, seconded by M/Chang to oppose AB 84. Motion carried 4-0-1 by Roll Call vote (C/Herrera absent) . (c) AB 373 (Robert Pacheco): SUPPORT - This legislation would prohibit expenditure of funds that were approved in the Budget Act of 1998 for the purpose of constructing security improvements at Lanterman Developmental Center. The bill would prohibit any developmentally disabled patients from being placed at the Lanterman Center, as well as orohihit anv additional staffina or construction MAY 18, 1999 PAGE 10 of security improvements from being made relating to the transfer of forensic patients to Lanterman until July 1, 2000. This bill also requires the State Department of Developmental Services to present a report, on or before February 1, 2000, to the Legislature relating to the planned transfer of forensic patients to Lanterman and the impact the security measures and patient transfers will have on the surrounding communities. Martha Bruske - Fred Encinas - Moved by C/Ansari, seconded by C/Huff to support AB 373. Motion carried 3-0-2 by Roll Call vote (MPT/O'Connor and C/Herrera absent). (d) AB 1195 (Longville): SUPPORT - In the early 1990's the State Legislature shifted $3,590,000,000 in property taxes from local government to the Educational Revenue Augmentation Fund (ERAF) to fund schools. The massive revenue shift had, and continues to have, adverse impacts on funding of local governmental services. This legislation would reduce the amount of monies going from local governmental property taxes into ERAF, by loo per year until the amount of revenues that were shifted are reduced to zero. Moved by C/Ansari, seconded by C/Huff to support AB 1995. Motion carried 4-0-1 by Roll Call vote (C/Herrera absent) . 9.6 (1) ORDINANCE NO. 0X(1999) AN ORDINANCE OF THE CITY OF DIAMOND BAR AMENDING TITLE 15 OF THE DIAMOND BAR CODE ADOPTING, BY REFERENCE, THE "UNIFORM ADMINISTRATIVE CODE," 1997 EDITION, THE "UNIFORM BUILDING CODE", 1997 EDITION, VOLUMES 1, 2, AND 3, INCLUDING ALL APPENDICES THERETO, THE `UNIFORM MECHANICAL CODE", 1997 EDITION AND THE APPENDIX THERETO, THE "UNIFORM PLUMBING CODE", 1997 EDITION AND THE APPENDICES THERETO, THE "NATIONAL ELECTRICAL CODE", 1996 EDITION AND THE APPENDICES THERETO, "THE UNIFORM HOUSING CODE", 1997 EDITION AND THE APPENDICES THERETO AND THE "THE UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE", 1997 EDITION AND APPENDIX 1 OF THE 1997 UNIFORM CODE FOR BUILDING CONSERVATION. ALL AS AMENDED BY THE CALIFORNIA BUILDING STANDARD COMMISSION AND SET FORTH IN TITLE 24 OF THE CALIFORNIA CODE OF REGULATION, TOGETHER WITH CERTAIN AMENDMENTS, ADDITIONS, DELETIONS AND EXEMPTIONS INCLUDING FEES AND PENALTIES. Moved by MPT/O'Connor, seconded by C/Ansari to approve first reading by title only and set a Public Hearing MAY 18, 1999 PAGE 11 for June 1, 1999. (2) RESOLUTION NO. 99 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR MAKING EXPRESS FINDINGS AND DETERMINATIONS THAT MODIFICATIONS TO THE UNIFORM BUILDING CODE, UNIFORM PLUMBING CODE, AND NATIONAL ELECTRICAL CODE, AS ADOPTED BY ORDINANCE NO. 0X(1999) ARE REASONABLY NECESSARY BECAUSE OF LOCAL CLIMATIC, GEOLOGICAL OR TOPOGRAPHICAL CONDITIONS - The State reviews its Model Building Code regulations every three years, and adopts the most current Uniform Building Codes printed by the International Conference of Building Officials. The State adopted the 1997 Uniform Building Code, 1997 Uniform Plumbing Code, 1997 Uniform Housing Code and 1997 Uniform Mechanical Code, 1996 National Electric Code in January 1999. Local jurisdictions are required to adopt said codes by ordinance within six months or they will automatically be adopted by operation of law. The State allows local municipalities to amend the Uniform Building Codes to meet the unique climatic, geographical and topographical conditions of the City. Continued to June 1, 1999. RECESS TO REDEVELOPMENT AGENCY Next Resolution No. RA99-05 1. CALL TO ORDER: Chairman Ansari called the meeting to order at 11:38 p.m. ROLL CALL: Agency Members Chang, O'Connor, VC/Huff, C/Ansari. AM/Herrera was excused. Also present were: Terrence L. Belanger, Executive Director, Mike Jenkins, Agency Attorney, James DeStefano, Community Development Director, Bob Rose, Community Services Director; Mike Nelson, Communications & Marketing Director; Linda Magnuson, Finance Director and Lynda Burgess, Agency Secretary. 2. PUBLIC COMM1ENTS: None offered 3. CONSENT CALENDAR: Moved by AM/O'Connor, seconded by AM/Huff to approve the Consent Calendar. Motion carried 4-0-1 by Roll Call vote (AM/Herrera absent). 3.1 APPROVED VOUCHER REGISTER - May 18, 1999 in the amount of $4,919.98. 4. PUBLIC HEARINGS: None MAY 18, 1999 PAGE 12 S. OLD BUSINESS: None 6. NEW BUSINESS: None -7. AGENCY MEMBER COMMENTS: ADJOURN REDEVELOPMENT AGENCY: 11:41 RECONVENE CITY COUNCIL MEETING. 11:41 10. COUNCIL SUB-COWITTEE REPORTS: 11. COUNCIL MEMBER COMMENTS: 12. ADJOURNMENT: 11:54 p.m. ORDINANCE NO. 05 (1999) AN ORDINANCE OF THE CITY OF DIAMOND BAR REGARDING TRAFFIC REGULATIONS AND AMENDING DIAMOND BAR MUNICIPAL CODE TITLE 10 -VEHICLES AND TRAFFIC THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ORDAINS AS FOLLOWS: Section 1 Section 10.04.010 of Chapter 10.04 of Title 10 of the Diamond Bar Municipal Code is hereby amended to add a new subsection (c) to read as follows: "(c) Not withstanding the provisions of subsections (a) and (b), pursuant to section 40200 of the California Vehicle Code, any violation of section 10.08.080, section 10.08.100, or any provision of Chapter 10.16 shall be subject to a civil penalty in accordance with Chapter 10.50 of this Code." Section 2 Section 10.08.020 of Chapter 10.08 of Title 10 of the Diamond Bar Municipal Code is hereby amended to read as follows: 1110.08.020 Character of signals. The City Council shall determine the character of all official traffic control signals where the California Vehicle Code or California state law, regulations or requirements do not so provide." Section 3 Section 10.08.070 of Chapter 10.08 of Title 10 of the Diamond Bar Municipal Code is hereby amended to read as follows: 1110.08.070 Warning and directional signs. The City Engineer may place and maintain all official warning and directional signs necessary to the proper control of traffic. No person shall operate any vehicle in violation of any such signs." Section 4 Section 10.08.075 of Chapter 10.08 of Title 10 of the Diamond Bar Municipal Code is hereby added to read as follows: "10.08.075 Regulatory Signs The City Engineer shall place all regulatory signs and other markings required or authorized either by this title or by finding of the City Council or finding of the City Engineer. No person shall operate any vehicle in violation of any such signs or other markings." Section 5 Section 10.08.080 of Chapter 10.08 of Title 10 of the Diamond Bar Municipal Code is hereby amended to read as follows: "10.08.080 Parking Signs The City Engineer shall place and maintain all signs and demarcations required or authorized pursuant to Chapter 10.16 of this title or the California Vehicle Code. No person shall stop, park or leave standing any vehicle whether attended or unattended in violation of any sign erected or any demarcation established in accordance with this section or any restriction stated upon any such sign or demarcation." Section 6 Section 10.08.090 of Chapter 10.08 of Title 10 of the Diamond Bar Municipal Code is hereby amended to read as follows: 1110.08.090 Lane guidelines and other pavement markings. The City Engineer shall place appropriate traffic guidelines dividing highways into the number of traffic lanes that is proper and necessary and shall place such other pavement markings as are necessary to direct vehicular movements in accordance with requirements of this title and the State Vehicle Code. No person shall operate any vehicle in violation of such traffic guidelines or pavement markings." Section 7 Section 10.08.140 of Chapter 10.08 of Title 10 of the Diamond Bar Municipal Code is hereby amended to read as follows: "10.08.140 Weight limit signs; emergency procedures. If a weight limit is suspended pursuant to this chapter and a different weight limit is necessary, the City Engineer shall erect and maintain, during the emergency, appropriate signs. At the end of the emergency, the City Engineer shall remove such temporary signs and uncover and restore the original signs unless the City Council otherwise determines. No person shall operate any vehicle in excess of the posted weight limit upon any street or highway where such signs have been erected." Section 8 Section 10.12.010 of Chapter 10.12 of Title 10 of the Diamond Bar Municipal Code is hereby amended to read as follows: "10.12.010 Driver training; driving on closed streets restricted. No person shall operate any vehicle on any portion of the highway closed to through traffic for driver training except when engaged in driver training or for the purpose of going to or from a point within the specified closed area." Section 9 Section 10. 12.070 of chapter 10.12 of Title 10 of the Diamond Bar Municipal Code is hereby amended to read as follows: "10.12.070 Pedestrian tunnels; closure conditions. Whenever the City Council finds and determines that the use of any pedestrian tunnel is dangerous because of the presence of loiterers, or for other reasons, and that it is not economically feasible to protect such tunnels other than by temporary closure, the City Engineer shall install gates and post signs, or cause such gates to be installed, prohibiting the entrance by persons into such a tunnel during such times as the tunnel is not required by pedestrians going or from the premises and the City Engineer has caused such gates to be locked and has posted signs informing the public that such tunnel is temporarily closed. No person shall enter any tunnel closed pursuant to this section, where such signs have been erected." Section 10 Section 10. 12.120 of chapter 10.12 of Title 10 of the Diamond Bar Municipal Code is hereby amended to read as follows: 10.12.120 Flagman to regulate traffic when traffic control devices are inoperative. Whenever the City Engineer finds and determines that official traffic control devices are disabled or otherwise inoperable, he may regulate traffic by means of any person given temporary appointment for such duty. No person shall fail to obey any such traffic regulation when operating any vehicle." Section 11 Section 10.12.130 of chapter 10.12 of Title 10 of the Diamond Bar Municipal Code is hereby amended to read as follows: "10.12.130 Flagman at construction and maintenance areas. Whenever the City Engineer finds that the regulation of traffic is necessary at the site of road or street construction or maintenance, he may regulate traffic by means of persons authorized for such duty. No person shall fail to obey any such traffic regulation when operating any vehicle." Section 12 Section 10.12.310 of Chapter 10.12 of Title 10 of the Diamond Bar Municipal Code is hereby amended to add a new subsection (c) to read as follows: "(c) No person shall operate any vehicle in violation of this section." Section 13 Section 10.12.510 of Chapter 10.12 of Title 10 of the Diamond Bar Municipal Code is hereby amended to add a new subsection (3) to read as follows: signs:" "(3) No person shall operate any vehicle in violation of any such traffic control signals or Section 14 Section 10. 12.540 of chapter 10.12 of Title 10 of the Diamond Bar Municipal Code is hereby amended to read as follows: "10.12.540 Yield right-of-way signs — Installation required in certain circumstances. The City Engineer shall erect, or cause to be erected, yield right-of-way signs complying with provisions of the Vehicle Code at one or more approaches to an intersection of highways, which are not through highways, where the City Council has determined that because of lack of visibility, or because of the number of reported accidents or the apparent probability thereof, such signs are considered necessary, and where according to the principles and experience of traffic engineering the installation of stop signs is not justified. No person shall operate any vehicle in violation of any such signs when erected." Section 15 Section 10. 12.720 of chapter 10.12 of Title 10 of the Diamond Bar Municipal Code is hereby amended to read as follows: 10.12.720 Turn restrictions — Near channelization devices. (a) At locations where channelization devices have been placed and the City Engineer finds that it is necessary to prohibit left turns or right turns for the purpose of diminishing the hazard of collision, he shall place appropriate signs prohibiting such left or right turns. (b) At those intersections where the City Engineer has placed such signs, no person shall operate a vehicle other than as permitted by such signs." Section 16 Section 10.12.730 of chapter 10.12 of Title 10 of the Diamond Bar Municipal Code is hereby amended to read as follows: "10.12.730 Same — Other intersections. (a) At all other locations at which the City Council has determined and found that the elimination of left turns or right turns is necessary to reduce traffic congestion or to diminish the hazard of collision, the City Engineer shall place appropriate signs prohibiting such left or right turns. (b) At those intersections where the City Engineer has placed such signs, no person shall operate a vehicle other than as directed and required or permitted by such signs." Section 17 Section 10. 12.750 of chapter 10.12 of Title 10 of the Diamond Bar Municipal Code is hereby amended to read as follows: "10.12.750 Turning around prohibited in certain conditions. If the City Council finds that the volume of traffic, the width of the highway, and other traffic conditions at any intersection are such that the making of a U-turn at such intersection would create a traffic hazard, the City Engineer shall erect and maintain in a conspicuous place at such intersection an adequate sign stating that such U-turns are prohibited. No person shall operate a vehicle in violation of such signs when erected." Section 18 Section 10. 12.1120 of chapter 10.12 of Title 10 of the Diamond Bar Municipal Code is hereby amended to read as follows: "10.12.1120 Pedestrians and bicyclists; roadway crossing restrictions. The City Engineer may place signs where it has been determined that conditions of vehicular and pedestrian or bicycle traffic are such that a traffic hazard would exist if pedestrians or bicyclists were permitted to cross the roadway at these locations directing that pedestrians and bicyclists shall not cross at a location so indicated. No pedestrian or any person operating a bicycle shall cross at any such location." Section 19 Section 10. 16.110 of Chapter 10.16 of Title 10 of the Diamond Bar Municipal Code is hereby amended to read as follows: "10.16.110 Signs limiting parking time authorized in certain circumstances. Whenever the City Council finds that on any portion of the highway or of a private street or of any parking lot maintained or operated for the public by the city there is at any time lack of sufficient space to accommodate the drivers of vehicles and that the time of parking should be limited so that everyone may have his/her fair turn, the City Engineer shall erect and maintain adequate signs along such portion of the highway specifying the limitation on the time of parking. No person shall park or leave standing any vehicle in violation of any such sign." Section 20 Section 10. 16.220 of Chapter 10.16 of Title 10 of the Diamond Bar Municipal Code is hereby amended to read as follows: 10.16.220 Temporary restrictions authorized in certain circumstances. Whenever the City Engineer finds that traffic congestion or traffic hazard is likely to result from the operation, stopping, standing or parking of vehicles during the holding of public or private assemblages, gatherings or functions, or during the construction, alteration, repair, sweeping or improvement of any highway, or for other reason, he may place or cause to be placed temporary signs prohibiting the operation, stopping, standing or parking of vehicles during the period such conditions exists and giving notice that the vehicle may be removed, which signs shall be erected at least 24 hours prior to any removal. No person shall operate, park or leave standing any vehicle in violation of any such sign." Section 21 Section 10. 16.430 of Chapter 10.16 of Title 10 of the Diamond Bar Municipal Code is hereby amended to read as follows: "10.160430 Vehicles parked over 72 hours; removal by Sheriff (a) No person shall park or leave standing any vehicle upon a highway for 72 or more consecutive hours. (b) The Sheriff shall remove to a safe place every vehicle which has been parked or left standing upon a highway for 72 or more consecutive hours. (c) As used in this section, the words "safe place" include, but are not confined to, any garage, parking lot or open space owned by, maintained by or under the jurisdiction of the city, and also every privately owned garage the owner or proprietor of which will accept such vehicle." Section 22 Section 10. 16.490 of Chapter 10.16 of Title 10 of the Diamond Bar Municipal Code is hereby amended to read as follows: 10.16.490 Parking prohibitions for vehicles over six feet high, near intersections. Whenever the City Council finds that the parking of vehicles, with a height of six feet or more, within 100 feet of an intersection, creates a visibility limitation resulting in a potential traffic hazard, the City Engineer shall erect signs or markings stating that the parking of vehicles with a height of six feet or more is prohibited within 100 feet of an intersection. No person shall park or leave standing any vehicle in violation of such prohibition." Section 23 Section 10. 16.580 of Chapter 10.16 of Title 10 of the Diamond Bar Municipal Code is hereby amended to read as follows "10.16.580 Special hazard areas; parking prohibitions authority. At any place for a distance not to exceed 100 feet where the City Engineer finds that parking would unduly hamper the free flow of traffic, result in special traffic hazard, or endanger public health or safety, he shall place appropriate signs or markings prohibiting such parking. No person shall park or leave standing any vehicle in violation of such signs or markings." Section 24 Section 10. 16.590 of Chapter 16 of Title 10 of the Diamond Bar Municipal Code is hereby amended to read as follows: "10.16.590 Areas adjacent to schools. Whenever the City Engineer finds that parking adjacent to any school property would unduly hamper the free flow of traffic or otherwise constitute a traffic hazard, he shall place appropriate signs or markings prohibiting such parking. No person shall park or leave standing any vehicle in violation of such signs or markings." Section 25 .Section 10. 16.610 of Chapter 10.16 of Title 10 of the Diamond Bar Municipal Code is hereby repealed. Section 26 Section 10.16.630 of Chapter 16 of Title 10 of the Diamond Bar Municipal Code is hereby amended to read as follows: "10.16.630 Physically handicapped persons; off-street parking facilities. Whenever the City Council designates stalls or spaces in an off-street parking facility, owned or operated by the City, for the exclusive use of physically handicapped persons whose vehicles display either one of the distinguishing license plates issued to disabled persons pursuant to Vehicle Code §22511.5 or to disabled veterans as specified in Vehicle Code §9105, a driver of any vehicle not displaying one of the aforesaid distinguishing license plates shall not park such vehicle in such parking space. The designation shall be made by posting immediately adjacent to, and visible from, each stall or space, a sign consisting of a profile view of a wheelchair with occupant in white on a blue background and by outlining or painting markings in accordance with Section 22511.8 of the California Vehicle Code." Section 27 The City Clerk shall certify to the adoption of this ordinance and shall cause the same to be published as required by law. ADOPTED AND APPROVED this _ day of 1999. Mayor I, Lynda Burgess, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar held on 4th day of May, 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 OLDER AMERICANS RECOGNITION DAY HONOREE BIOGRAPHICAL STATEMENT Subviission Deadline: March 18, 1999 Pisan state your reasons, La no more than two for nominating the person as an OARD Honoree (e.g. ways the person has contributed to bettering of the overall community). Include brief bi Dgraphical information. Resumes not occepfsb/e. Please type. This information will bi printed in a Souvenir Journal and distributed at the Older Americans Recognition Day luncheon, Thursday, May 20, 1999 Name of Honoree Mildred Berge z Date Feb. 16. 1999 (Type) The members of the Diamond Bar Senior Citizens Club wish to nominate Mildred Bergez for this honor for the following reasons. She has lived in Diamond Bar since 1983, joining the Senior Club at that time. She is an active member serving as Vice -President and Treasurer. Mildred is a current volunteer for the American Red Cross blood services and a certified donor aid for seven years. A volunteer for Diamond Bar Chamber of Commerce for twelve years. Is a participating volunteer for the walnut -Diamond Bar School District Program initiated in 1998, Title of Senior Volunteer "Eyes and Ears", for two years. Assisting children and listening to them read. Municipality (Name of City): Diamond Bar Supervisorial District 1 2 3 rf4� 5 (Circle OLDER AMERICANS RECOGNITION DAY HONOREE FORM Mail to: Patricia Senett"oh, Staff Los Angeles County Commission on Aging Community and Senior Services 3175 West Rh Surat, Sidle 411 Los Angeles, C4 50020 (213) 738-2847 FAX (213) 365.8640 ABSOLUTE DEADLINE: March 16, 1999 Honoree for the Los Angeles County outstanding Older American in your community (only one honoree per nominating organization will be allowed.) NAME OF HONOREE: Mildred Bergez First Middle Initial Last Name ADDRESS: 1555 South Diamond Bar Blvd. Diamond Bar, Cal if - 91765 ) (9.0) 861-9508 City/Stata0p Code Phone: Work Home Age of Nominee at Filing Date REASONS FOR SELECTION: Using this form as the cover page, attach no more than two 1ypewrfd9n paragraphs as your Honoree Statement, giving your reasons for selecting the person above. Attach to this form the typewritten Honoree Statement Stabments that are not in typewriAw7, paragraph form (no resumes) w9i not be accepted. Name of contact person and organization making the nomination: Name of Contact Person: Norman Bell, President Organization Name: Diamond Bar Senior Citizens Club 2 2900 Brea Canyon Road (mailing: 21660 E. Copley Dr., 4100 Organization mess DiamonT Bar, CA 91765) Diamond Bar California 91765 City State ZIP Code 3. Phone(909) 396-5699 Fax (9091 861-3117 Attachment RU'N DITE : 05/12,/1�;!c 16/�� FU�O/SEC '�CCT'�0JECT-ACCT STKADLlND YOCCA CARLSON & M:rH 6lo711V'�420- 0AMOND EAR REDEVELOPMEN-I AGENCY VOUCKE RE0:STER li j:: rHRu� PREPAID F-0# I��T E DESCRIpTlON AMOUNT DATE [�� 844� LEGAL SVC6'OPUS WEST/ALST 4.919.93 TOTAL PREPAIDS .00 TOTA^ VOUCHERS 4,91�.98 TOTAL DUE VENDOR 4`Y19.98 REPORr TUITAL PREEPA0S m=ruRT TOTAL VOUCHERS REPORr TOTAL 0 � � A WPA Traffic Engineering, Inc. TRAFFIC k TRANSPORTATION ENGINSBRING May 17, 1999 Mr. David Liu City ofDiamond Bar 21660 East Copley Drive Diamond Bar, CA 91765-4177 SUBJECT.- SHORT TERM IMPROVEMENT OPTIONS -DIAMOND MOND BAR /GRAND Dear Mr. Liu: This report summarizes our findings regarding potential short term traffic improvement options for the intersection of Diamond Bar / Grand and other related locations. The analyses are based on pertinent traffic counts for the area, previously conducted studies, field reviews oftraffic patterns and standard reference materials. Several presentations and various analyses have been presented to the City Council and input has been provided by Council on this information. These meetings have been useful in providing us direction, as to some of the recommendations which should be addressed in this study. The format is to briefly identify some ofthe background information and analyses assumption, provide some ofthe technical supporting data and present some traffic improvement options for consideration. At the intersection of Diamond Bar / Grand the most heavily impacted movements are the westbound left turn and through (assuming Grand Avenue is the east -west street) traffic in the morning (AM) peak. in the evening (PM) peak the northbound right turn (from Diamond Bar Boulevard) and 23421 South Pointe Drive 0 Suite 190 0 Laguna Hills, CA 92653 • (949) 460-0110 9 FAX: (949) 460-0113 -2 - eastbound through vehicles (on Grand Avenue) have severe queues (back-ups) at the Diamond Bar/ Grand Intersection. These queues are quite extensive and as a result, affect access at some of the retail businesses along the Diamond Bar and Grand arterials. In traffic engineering, many of the analyses utilize the "peak hour" as the standard measurement period, but it is realized the congestion at Diamond Bar / Grand extends well beyond a one hour period. There has been recent input, which indicates the opening of a carpool lane on State Route (SR) 60 has produced some local benefit to traffic in Diamond Bar (in particular on Diamond Bar Boulevard and Grand Avenue)_ For purposes of these analyses, however, the data collected and the information provided is for a "pre -carpool" condition. The "pre -carpool" condition is expected, however, to provide useful information, due to the anticipated excess demand (present and/or future) for travel on Diamond Bar Boulevard and Grand Avenue as a "bypass" to the SR 57 and SR 60. It was City staff and our belief that about two-thirds (2/3) of the critical traffic (westbound left / through AM and northbound right, eastbound through PM) at the present time, is a "bypass" type traffic. Recent counts and analyses (by Linscott, Law and Greenspan, LL & G) serve to confirm the previous estimates. Overall, the analyses focus on potential traffic related improvements which could serve to improve conditions at Diamond Bar / Grand. This is not anticipated to be purely a matter of adding capacity at the intersection since the primary impact at this intersection is related to "bypass" traffic. The "unknown" is the extent of Sxisting bypass demand which could fill any added capacity created at Diamond Bar / Grand. It is clear, however, that based on planned added development in the surrounding areas and the region; there wit] be continued, increasing demand for "bypass" travel routes which include Diamond Bar Boulevard and Grand Avenue. WPA Traffic Engineering, Inc. Short Term Improvement Options 0981110.rpt Diamond Bar /Grand -3 - The following is a brief list of some technical assumptions which serve as the basis of some of the analyses provided in this report: ♦ The existing conditions analyses are based on current CMP counts at Diamond Bar / Grand and the present geometric conditions. The more recent LL & G counts were checked but yielded less conservative results. ♦ Future, long-range conditions previously analyzed and considered as a part of these evaluations, are based on a general growth factor plus impacts of specific future projects. These analyses were only considered to the extent, that it is known that some future "major" project is required, to meet the projected traffic demand in the area. In other words, there is either an existing or near term traffic demand to utilize any traditional intersection capacity improvement. O The growth factor is one (1.0) percent per year to provide Year 2015 base volumes. D The other specific projects included in the analyses are contained in lists of current projects obtained from recent traffic studies which include the potential redevelopment through the Economic Revitalization Plan, and the E, project in the City of Industry. O A potential "bypass road (i.e., Tonner Canyon) was not included in the projections, but is considered as a part of the previously completed improvements analyses. O The effects of potential improvements to the S.R. 57 / 60 Freeways were not necessarily addressed. Any net beneficial effects of improvements versus future freeway traffic growth would serve as added benefit to the study intersection. WPA Traffic Engineering, Inc Short Term Improvement Options 0981110.rpt Diamond Bar / Grand -4— Nom: Previous intersection analyses for future conditions reach a very high ICU value, which in reality will not occur (an Explanation of ICU is included as an Attachment). Drivers are expected to begin diverting away from this intersection, as congestion makes this a less desirable routq. A high, future ICU value, however, does reflect the high "demand" for travel through this intersection. ANALYSES SUMMARY There has been a fairly extensive amount of analyses conducted at and around the intersection of Diamond Bar/ Grand, both by our firm (WA) and others. These analyses address both current and long term conditions at and around the intersection of Diamond Bar / Grand. Some of the pertinent findings related to these "Short Term Improvement Options" are briefly identified below, with the focus on Improvement Options to follow. More detailed information related to the analyses, can be provided at a later date if desired. In order to fully address the buildout (long term) traffic demands some form of "major" improvement, which would directly or indirectly serve to benefit Diamond Bar / Grand, is shown to be needed. These "major" improvements include measures such as a "bypass road" (i.e, Tonner Canyon), grade separation of Diamond Bar / Grand, complete reorientation of this intersection to serve traffic and increase development potential, etc. The need for "major" improvements to meet future traffic demands indicates the high demand for travel through the Diamond Bar/ Grand intersection. In particular the critical movements (WB left / through AM and NB right, EB through -PM). This is also why the potential improvements contained within this study are anticipated to be "Short Term"; as the potential (or even possibly existing) demand is expected to "fill -up" any added intersection capacity created. It is not known how quickly the capacity would "fill up", but the signal timing proposal, could serve to slow the filling of the new capacity. PPA Traffic Engineering, !nc Short Tenn improvement Options N9BIl10.rpt Diamond Bar/Grand -5— ♦ One of the associated problems with the current over capacity operations of Diamond Bar / Grand, are the queues which restrict access at some retail driveways in proximity to the intersection. Since these queues are so extensive, driveways which are relatively far from Diamond Bar / Grand intersection are still affected. The current Level of Service (LOS) for Diamond Bar / Grand is shown to be (0.99 ICU resulting in) LOS E for the AM peak hour and (1.12 ICU) LOS F for the PM peak hour. These results are shown in Table 1 (the worksheets are Attached) and serve as a basis for determining the amount of "benefit" associated with a particular intersection improvement condition. It can also be noted: — The LOS "E" and "F" for the AM and PM peak hours, respectively, indicate poor overall intersection operations. While most intersections are more balanced in their traffic demands, it can be observed at Diamond Bar/ Grand that some movements are greatly impacted, while others have relatively low volumes / impacts. This indicates the impacted movements are even more greatly affected than a typical intersection which field observations confirm. — In general, the ICU value represents the approximate percentage of available capacity used. Therefore, the 0.99 ICU relates to about 99% of the capacity (overall average) utilized, resulting in unstable conditions_ The PM peak hour shows the traffic demands at about 112% of capacity, which results in the observed conditions (i.e, extensive back-ups) of unacceptable operations. — These existing ICU and LOS values serve as a baseline, and the extent of benefit achieved through a particular intersection improvement is reflected by an improvement in the ICU / LOS. The LOS volumes range from A (the best) to F (the worst), similar to a school grading system. It is greatly accepted that LOS A -D represent acceptable operations while LOS E and F are considered over capacity. HTA Traffic Engineering, Inc. Short Term Improvement Options N991110.rpi Diamond Bar / Grand -6 - INTERSECTION IMPROVEMENTS + Figures 1 and 2 illustrate potential intersection improvements which could be implemented to add capacity to the intersections. Table 1 shows the ICU / LOS benefits of both improvement alternatives (this shows the "pure" capacity improvement and does not reflect added traffic that could "fill-in" as'a result of the improvement). As discussed above, a reduction in ICU from 0.99 to 0.86 roughly translates to mean; the intersection is improved from a 991/6 of capacity operation to an 86% (of capacity) operation. Table 2 provides a further discussion of the anticipated benefits versus the concerns related to the improvements. This should provide an overview of some of the primary considerations, in determining if one of the intersection improvement alternatives, should be implemented. + Table 3 serves to provide input / guidance to City staff and potentially help City Council prioritizes the various improvement options. It may be that Council can determine the next course of action without this input / guidance, but this process is available if desired. SIGNAL TIMING CHANGES + There have been citizen complaints received by City staff, indicating the through traffic on Grand Avenue and also Diamond Bar Boulevard, appears to be dominating the traffic signal timing and delays access from the side streets. — This could be related to the traffic signal "cycle length The cycle length (which is the time required for a signal to go through red, yellow, and green phases for each direction) is directly related to the "major" intersection (i.e. Diamond Bar/ Grand) for a signal progression system. To over simplify this discussion; the required operation for Diamond Bar / Grand may be causing the side streets to wait too long. WPA Traf ric Engineering, Inc Short Tern Improvement Options #981110.rpt Diamond Bar/Grand w m_ - o---------- T --------- 11 1 I II I I\ II II it II � II II II 11 II II 11 I I 1 II II �1 I I I I I I I� I I I I II II I I II I I11 II u 1 I I I I i yn 5 -7— TABLE 1 INTERSECTION ANALYSES SUMMARY WPA Traffic Engineering, Inc. Short Term Improven:en► Options il98111 arpt Diamond Bar / Grand .trio og.�.: iu:. :: t`..rd Y•r.: i. !jun ( C V: W�V}+:2:}ty`�t'•�;�i]ON}G:dC.ty-�", dtk .+ .u}gt.i - ALTERNATIVE 1• IMPROVEMENTS Existing 0.99 / E 1.12 / F WITHIN EXISTING CURBS - Change Existing 0.86 / D 1.01 / F Right Turn Lanes (W/ Improvement) to Through Lanes ALTERNATIVE 2: IMPROVEMENTS WITH ADDED Existing 0.994 E 1.12 / F THROUGH LANES - Widenings Existing 0.80 / C 0.87 / D & R.O.W. Needed (w/ Improvement) WPA Traffic Engineering, Inc. Short Term Improven:en► Options il98111 arpt Diamond Bar / Grand -8 - One possible option would be to remove the Diamond Bar / Grand from the signal progression and allow it to run "free", while maintaining coordination at the other locations. A second option would be to provide very short signal cycles (i.e, 60 seconds) for the "minor" intersections and a longer cycle for Diamond Bar / Grand (i.e, 120 seconds). ♦ These types of signal cycle lengths would allow Diamond Bar / Grand to remain within the signal progression. There would be a need to accommodate pedestrian crossings, within the timing plans, when the pedestrian activity / crossings occur. ♦ Table 2 outlines some of the benefits and concerns, related to the potential signal timing changes. Table 3 raises some areas where input / guidance may be useful. D R I VE WA Y IMPR O VEMENTS ♦ The current striping in the vicinity of the existing driveways for the retail centers near the Diamond Bar / Grand intersection, allows a portion of the roadway to be used for entering and exiting these driveways. If either of the intersection improvements are implemented, the traffic / travel lane will be closer to the curb therefore, making access at the driveways more difficult. ♦ In order to maintain the same type of entry / exit ability at the shopping centers, some improvements would be required at the driveways. The type of improvements which could or should be implemented, would need to be determined on an individual basis in conjunction with the shopping center owners. Three types of typical, potential improvements are identified which can be used to evaluate if these improvements should be considered. WPA Trak Engineering, Inc. Short Term Improvement Options #981110.rpt Diamond Bar / Grand -9— TABLE Z BENEFITS / CONCERNS - Potential Improvements Alternative 1• Restrioe Within Existing Curbs • Cost = S40,000.00 ♦ Includes Design Plans and Implementation ♦ Low cost improvement with reasonably good capacity benefits. ♦ The vehicle queues could be reduced, decreasing the potential for some driveway blockage. ♦ If the improvement proves to be undesirable, it can be returned to the current design relatively easily. ♦ Although bypass traffic benefits, there is also a local traffic benefit (about one-third) since local traffic also is part of the backed up traffic. • Through traffic will be adjacent to the curb making driveway access more difficult. ♦ "Right turn on Red" at the intersection can be stopped by one "through" vehicle in the curb lane. ♦ If added capacity is provided, it will only serve to "draw" more bypass traffic. •Note- The Cost Estimates are Very General and For Budgeting Purposes Only. WPA T%Q'Ic Engineering, Inc Short Term Improvement Options #901110. rpt Diamond Bar /Grand -10 - TABLE 2 (Cont.) BENEFITS / CONCERNS - Potential Improvements q 2 aai•.. .r a:. �:..; .. u,-w,>a>'k�.Y ' Y r 'w ✓ .t W E j .c>aY 2•,4 5K+ �H:a �°%°3� fdkl 2� 'h � �' ��ix ,h' @ a�r ;k� �� ,��. b 4 v>a v An'�' a x �^�� b'L 9s h .. ..3. � �, ' ro ;•hY �� ' S .........: Atte— rnative 2: ♦ Maintains the right turn ♦ The costs are relatively Intersection Widening movements which serve to high when compared to the *Cost = S1,000,000.00 benefit "local" traffic. capacity benefits achieved. ♦ Includes Design, R-O.W., ♦ It may be possible to include + The design will need to Construction and Business driveway modifications as a incorporate the nearby Effects. part of the potential driveways. This however, widenings could be a benefit to the driveway operations. ♦ The queues (back-up) should be reduced in length, which 1 For the high volume should provide some benefit movements, the access to to the affected driveways. the right turn pockets would not always be ♦ Since of the LOS is returned accessible. to an acceptable operation the long queues and impacts ♦ If operations become "too should be mitigated. In good", it is likely that any reality, some queues will excess existing demand remain but should be would be drawn to this significantly reduced. area, to bypass the Freeway con cation. 'Note: The cost estimates are Very General and For Budgeting Purposes Only. WPA Traffic Engineering, Inc Short Term rMprovement Options 0981110. rpt Diamond Bar /Grand -. 14 —11— TABLE 2 (Cont.) BENEFITS / CONCERNS - Potential Improvements �iFttal Tinting �nria� *Cost = 550,000.00 ♦ Added Efforts through staff time or consultant assistance to implement. ♦ Potential Funding Impacts Not Included ♦This has the potential to address a primary "cause" Of impacts at Diamond Bar / Grand by limiting bypass traffic. ♦ Timing changes could result in side streets receiving "green lights" more quickly. ♦ Through changing the timing for the "minor" intersections, this could result in a metering effect is approaching Diamond Bar / Grand. ♦ If the timing changes has the effect of limiting bypass traffic, then the intersection improvement would produce benefits which could be maintained (at least for some period). ♦ It is not known how. outside Agencies would view the planned changes and could interpret them as "regional" impacts. ♦ Although the "side streets" are expected to have quicker access to the arterials, they will also be required to encounter added stops on Diamond Bar Boulevard and Grand Avenue, which may or may not be a net benefit (in the resident's view). ♦ It is not known if funding previously received for signal coordination could be *Note: The cost estimates are Very General and For Budgeting Purposes Only. "A I roc t-mVMerping, Inc. M981110.rpt Short Tern? Improvement options Diamond liar / Grand -12 - TABLE 2 (Cont.) BENEFITS / CONCERNS - Potential Improvements � A ' Inrp�sovements ♦Ail of these measures serve ♦ It is assumed that the ♦ Driveway Approach tooffset the effects of retail center owners moving the through lanes would support Modification (on Diamond Bar and driveway improvements *Cost : $5,000.00 Each Grand) adjacent to the but presently this has curbs. not been confirmed. ♦ On -Site Improvements ♦ Even if the intersection ♦ The construction of *Cost = $30,000.00 Each restriping is removed at a right turn lanes serving later date, these the driveways would improvements would still require R.O.W. The be beneficial. owners would need to ♦ Construction of a Right agree to this dedication Turn Lane ♦ Access improvements in order to provide the improvement. translate to less congestion *Cost = $75,000.00 Each on the arterial which is important for this critical ♦ It is not known if the - Assume R.O.W. area (Diamond Bar/ City would want to Dedicated as a part of Grand). become involved in the project. constructing improvements, with a ♦ Better access could direct relationship to translate to improved use private properties. and perception of the shopping center and related businesses. *Note: The cost estimates are Very General and For Budgeting Purposes Only. "A Traffic Engineering, lnG #981110.rpt ShortTerm Improvement Op[ions Diamond Bar / Grand m iltL TABLE 3 INPUT / GUIDANCE REGARDING THE POTENTIAL IMPROVEMENTS "A Traffic Engineering, Inc: Short Tenn Improvement Options 0981110.rpt Diamond Bar /Grand __, TABLE 3 (Cont.) INPUT / GUIDANCE REGARDING THE POTENTIAL IMPROVEMENTS t Irrtersectton w�aen�at� The cost is prohibitive for what is achieved 1 The cost plus the risk of benefitting bypass t traffic is too great. I would like to provide the greatest capacity 1 possible if funding can be identified. - I am not opposed to obtaining Right -of -Way I (R.O.W.) - We can acquire R.O.W. but no existing 1 rbsses should be affected. willing to wait for redevelopment to rather than the City pursuing purchase.W.ntersection ICU benefet is not greatgh to justify the project. not willing to go forward with this lcvclprovement at this time, I prefer some im step. ieve we must actively pursue improvingapacity at this intersection and this is a 2 3 4 5 2 3 4 5 2 3 4 5 2 3 4 5 2 3 4 5 2 3 4 5 2 3 4 5 2 3 4 5 2 3 4 5 -14- Short Term Improvement Options WP,4 Trac Engineering, Ina Diam.nd Bar / Grand ti981110.rpt -15 - TABLE 3 (Cont.) INPUT / GUIDANCE REGARDING THE POTENTIAL IMPROVEMENTS •syyuL.'i�°}•..,..... ..... :.4. . .. • � '... .S�b yp,�c `{ K`�'� F�.cY..t Yi.3 `�a �V�'.I iL #YiM #........ ..#.:''.i:�YnIXIi.-?k oSN•SY . •.. f :y+. d 4xb y. w ._.... :..;. .... .. ♦ an 71 fimkr affu s - The main goal is to limit bypass traffic even if 1 2 3 4 5 some flows (progression) on Diamond Bar and Grand are disrupted - The potential side street access benefits are a 1 2 3 4 5 big plus, for the potential changes - I am concerned over any disruption of the 1 2 3 4 5 signal progression along Diamond Bar Boulevard or Grand Avenue. believe this project will be too difficult to 1 2 3 4 5 chieve through the County staff. e should pursue taking control of the signal LW 1 2 3 4 5 iming before any changes are attempted. - I believe by helping the "side streets" other 1 2 3 4 5 complaints will be received so the net benefit will be zero. - This project will consume too much staff time 1 2 3 4 5 to implement, with marginal benefit. - Although not a typical improvement, it is 1 2 3 4 5 certainly worth trying. It should be pursued immediate "A Traffic Engineering, Inc. Short Term Improvement Options #981110 -rpt Diamond Aar / Grand -16 - TABLE 3 (Cont.) INPUT / GUIDANCE REGARDING THE POTENTIAL IMPROVEMENTS WPA Traffic Engineering, Inc. Short Term Improvement Options #981110.rpt Mannnnd Bar /Grand AF .� ..,�,...,.�h4. . �. ... :.. ♦ Driveway &Wm-ements - Only the driveway improvements in the public 1 2 3 4 5 R.O.W. should be pursued (i.e., driveway approach widenings) - There should be on-site work pursued; 1 2 3 4 5 even though this involves private property there are public benefits too. - We must provide access improvements since 1 2 3 4 5 the intersection changes could result in driveway impacts - The improvements should be limited at this 1 2 3 4 5 point. Significant improvements (i.e., right turn lanes) should be pursued later, after a proven need is shown. - I am concerned how the driveways to be 1 2 3 4 5 improved will be selected and whether questions of equity will arise. - Any potential improvements to access should 1 2 3 4 5 be pursued since this area is so impacted, the retail centers need assistance. - A study is needed to identify the specific 1 2 3 4 5 drivewa s to be improved and the costs. WPA Traffic Engineering, Inc. Short Term Improvement Options #981110.rpt Mannnnd Bar /Grand "I TRAFFIC ENG. Q04 -17- Change the driveway approach to widen and/or provide radius or "flared" type designs- This translates to easier inbound and outbound turns. The widening /radius / flare would serve to compensate for the travel lane being moved closer to the curb and would typically involve only the public R.O.W. (portion of the driveway). On-site the throat lengths could be extended where possible to reduce the chance for congestion at the driveways and potential impacts to the adjacent streets (Diamond Bar and Grand Avenue). This would allow vehicles to enter the site before encountering "cross traffic". Widen in advance of the driveway to provide a right turn lane to serve the inbound access- This serves to separate the right turns into the retail center, from the through traffic on Diamond Bar Boulevard and Grand Avenue. SHORT TERMMPROV I- -The intersection improvements are identified as "Short Term" traffic improvements since these traditional intersection widening and/or capacity enhancements are expected to provide benefits, only until traffic demands "fill up" the added capacity. The unknown is, how quickly the added capacity would be filled; since it is very difficult to quantify the existing "pent up" demand, which could transfer to Diamond Bar / Grand as excess capacity is created. In searching for improvements at Diamond Bar/ Grand some "non-traditional" measures have been identified. Given the existing and potential impacts at Diamond Bar / Grand and their causes, there is justification for consideration ofthese measures Some of the non-traditional improvements could Provide benefits, throughout the future traffic growth; so their effects would last beyond the "Short Term'. WPA Tro�c Engineering, Inc *981110.rpt Short Term Improvement Options Diamond Bar / Crand -18 - From a traffic engineering perspective it is recommended that all three measures be considered in conjunction with each other. The following is one potential course of action which could be undertaken. There are of course various options which could also be undertaken. We would anticipate that any individual improvement or any combination could be selected, as no one measure is dependant on the other. Potential Coarse of Action 1. Pursue traffic signal timing changes where the "minor" intersection signal cycle length is one- half of the Diamond Bar / Grand cycle length. This allows signal coordination to be maintained, including the Diamond Bar I Grand intersection. 2. Begin analyses of the retail driveways to determine which locations can and should be modified, in anticipation of Diamond Bar / Grand intersection striping changes. At this point, only consider driveway approach widening / radius /flare improvements. The other improvements could be considered as necessary; after the striping changes are proven to be desirable. 3. Implement "Alternative (1) one' at Diamond Bar / Grand, subsequent to the traffic signal timing changes. It is hoped the signal timing changes would assist in reducing the potential for the capacity improvements to be "filled up" with added bypass traffic. WPA Traffic Engineering, Inc. Short Term Improvement Options k981110.rpt Diamond Bar /Grand -19- We trust that these analyses will be of assistance to you and the City of Diamond Bar. If you have any additional questions or comments, please do not hesitate to contact us. Respectfully submitted, WPA TRAFFIC ENGINEERING, INC Steven S. Sasaki, P.E. Registered professional Engineer State of California Numbers C52768 & TR 1462 SSS:nc #981110 #981110.rpt Short Term Improvement Options Diamond Bar / Grand ICU EXPLANATION ICU WORKSHEETS (Supporting the Table l Results) APPENiDIX A 11,0171014M •. 1 The capacity of a street is nearly always greater between intersections and less at intersections. The reason for this is that the traffic flows continuously between intersections and only part of the time at intersections. To study intersection capacity, a technique known as Intersection Capacity. Utilization (ICU) has been developed. ICU analysis consists of (a) determining the proportion of signal time needed to serve each conflicting movement; (b) summing the times for the movements; and (c) comparing the total time required to the time available. For example, if for north -south traffic the northbound traffic is 1,000 vehicles per hour, the southbound traffic is 800 vehicles per hour, and the capacity of either approach is 2,000 vehicles per hour of green, then northbound traffic is critical and requires 1,000012,000 or 50 percent of the signal time. If for the east west traffic. 40 percent of the signal time is required, then it can be seen that the* ICU is 50 plus 40, or 90 percent. When left -tum phases exist, they are incorporated into the analysis. As ICU's approach 100 percent, the quality of traffic service approaches Level of Service (LOS) E. as defined in the EMway CaW Manual. Special Report 87, Highway Research Board, 1965. Level of Service is used to describe quality of traffic flow. Levels of Service A to C operate quite well. Level of Service D is typically the Level of Service for which an urban street is designed. Level of Service E is the maximum volume a facility can accommodate and will result in possible stoppages of momentary duration. Level of Service 1= occurs when a facility is overloaded and is characterized by stop -and -go traffic with stoppages of long duration. A description of the various Levels of Service appears on the following page. The ICU calculations assume that an intersection is signalized and that the signal is ideally timed. It is possible'to have an ICU well below 1.0, yet have severe traffic congestion. This would occur because one or more movements is not getting enough time to satisfy its demand, with excess time existing on other moves. Although calculating ICU for an unsignalized intersection is not necessarily valid, it can be performed with the presumption that a signal can be installed and the calculations show whether the geometries are capable of accommodating the expected volumes. Capacity is often defined in terms of roadway width. However, standard lanes have approximately the same capacity whether they are 11 foot or 14 foot lanes. Our data indicates that a typical lane, whether a through lane or a left -tum lane, has a capacity as high as approximately 2200 vehicles per lane per hour of green time. The 1985 Highway Cgpacrhr Manual found caped of 1800 vehicles per lane per hour of green time. These studies show that values in the 1600 to 1700 range should result in a conservative analysis. APPENDIX A LEVEL OF SERVICE DESCRIPTIONS FOR INTERSECTIONS .LEVEL OF NOM/ArAL RANGE SERVICE DESCRIPTION OF ICW Low volumes; high speeds; speed not restricted by other vehicles; all q signal cycles clear with no vehicles; all signal cycles dear with no 0.00-0.60 vehicles waiting through more than one signal cycle. Ope191ing speeds beginning to be affected by other traffic; between B one and ten percent of the signal cycles have one or more vehicles 0.61-0.70 which wait through more than one signal cycle during peak traffic periods. Operating speeds and maneuverability closely controlled by other C traffic; between 19 and 30 percent of the signal cycles have one or 0.71-0.80 mote vehicles which wait through more than one signal cycle during Peak trafiia periods; recommended ideal design standard. Tolerable operating speeds; 31 to 70 percent of the signal cycles D have one or more vehicles which wait through mons than one signal 0.81-0.90 cycle during traffic periods; often used as design standard in urban areas_ Capacity; the maximum traffic volumes an intersection can E accommodate; restricted speeds; 71 to 100 percent of the signal 0.91-1.00 cycles have one or more vehicles which wait through more than one signal cycle during peak traffic periods. Long queues of trafFnc; unstable flow; stoppages of long duration; F traffic volume and traffic speed can drop to zero; fisffic volume will be Not Meaningful A038 than the volume which occurs at Level of Service E. (a) ICU (Intersection Capacity Utilization) at various Levels of Service versus Level of Service E for urban arterial streets. SOURCE: Nighty, y Quacity Maj2ual; Special Report 87; Highway Research Board; 1965. _ mo i■ o c c� c � n � n o r, n c + M A ! 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U a J CL U O 8 I- off I H§ § .§Q irS 7i m r3 �i �S �i §§§§§§§� 89-999$9 N r- N $ W co � � c Q55�2S5��Q52S52� 55��55�� Q o a 25 7S 25 25 25 ZS 25 �S u � c�ncQi�ic4in g� E f V (((�R O _ o m �U E w w U Z c .o c o � � m W m ME E W LL 0 m E E E �� 0 ix e c o E N N t Yvm v a m UJ E 24 jmZ Is ma �mNE� oAo�to a� a Uo c co N G mmmaJC9mU w � � � o o ° 0 0 H § 22 E §§ 0 00 ■ ®� � § A g § Q u H § 0 g § § 2 0 � g§ §§§§§ ■ 2 Kk � k ( � - � } ■ Am �� ■ j } � o e a]■£.oa2 �� 2 k �� ) i t§J §�}\� § -I 0, 'cls \ 2 � .E � - ■20 � �toa-jCL■mm&=Q(� c ■ � a m CITY OF DIAMOND BAR SPECIAL FUNDS BUDGET FY 1999 -2000 - GAS TAX FUND FUND DESCRIPTION: FUND TYPE- Special iftvenue FUNCTION: Street Mnint/Const.' FUND #: 'I'11 The City receives funds from Sections 2105, 2106, 2107, and 2107.5 of the Streets and Highway Code. State law requires that these revenues be recorded in a Special Revenue Fund, and that they be utilized solely for street related purposes such as new construction, rehabilitation or maintenance. 1998-1999 City Manager City Council Adjusted Budget Recommended Approved ESTIMATED RESOURCES 25500 Approp Fund Balance 2,701,300 1,580,146 31705 Gax Tax - 2105 314,700 446,808 31710 Gas Tax - 2106 206,600 271,285 31720 Gas Tax - 2107 435,700 625,513 31730 Gas Tax - 2107.5 7,500 7,500 36100 Interest Revenue 145,000 150,000 TOTAL 3,810,800 3,081,252 - TRANSFERS OUT 9915-49001 Transfer to General Fund 759,658 783,200 9915-49250 Transfer to CIP Fund 2,212,500 2,298,052 Total Capital Outlay 2,972,158 3,081,252 0 FUND BALANCE RESERVES 25500 Reserve 838,642 0 Total Fund Balance Res. 838,642 0 0 TOTAL 3,810,800 3,081,252 0 CAPITAL PROJECTS INCLUDE: GAS TAX FUND Fund Balance Reserve Estimate: Resources 3,81.0,800.00 Gen Fd Transfer (759,658.00) Slurry Seal (24,370.34) Slurry Seal #1 (340,000.00) Meadowglen Seepg (500,000.00) Ambushers Drainage (200,000.00) School Safety (46,626.13) Residential Str Impr (310,000.00) Sidewalk Improvemts(50,000.00) 1,580,145.53 CITY OF DIAMOND BAR SPECIAL FUNDS BUDGET FY 1999-2000 PROPOSITION A FUND FUND DESCRIPTION: FUND TYPE: Special Revenue FUNCTION: Public Transportn FUND: 1i12, The City receives Proposition A Transit Tax which is a voter approved sales tax override for public transportation purposes. This fund has been established to accoutn for these revenues and approved project expenditures. 1998-1999 City Manager City Council Adjusted Budget Recommended Approved ESTIMATED RESOURCES 40,100 900 25500 Approp Fund Balance 1,634,262 1,807,000 31310 Transportation Tax 630,150 630,150 34850 Transit Subsidy Prgrm Rev 285,000 285,000 36100 Interest Revenue 90,000 90,000 37,000 TOTAL 2,639,412 2,812,150 - PERSONNEL SERVICES 5553-40010 Salaries 5553-40070 City Paid Benefits 5553-40080 Benefits 5553-40083 Workers Comp Expense 5553-40085 Medicare Expense 5553-40090 Cafeteria Benefits OPERATING EXPENDITURES 5553-42315 Membership & Dues CONTRACT SERVICES 5360-45310 CS - Excursions 5360-45315 CS - Holiday Shuttle 5553-45527 Bus Bench Maintenance 5553-45528 Publ Transit Svcs 5553-45529 .Para -Transit Dial a Cab 5553-45553 Transit Subsidy Program 5553-45535 Transit Subsidy -Fares TRANSFERS OUT 9915-49250 Transfer to CIP Fund Total Capital Outlay 35,900 40,100 900 900 5,850 5,450 250 350 550 600 9,850 9,850 53,300 57,250 - 7,500 7,500 7,500 7,500 - 37,000 37,000 25,000 3,000 3,500 3,500 4,000 4,000 302,000 302,000 115,000 115,000 285,000 285,000 771,500 749,500 - 100,000 250,000 100,000 250,000 0 FUND BALANCE RESERVES 25500 Reserve 1,707,112 1,747,900 Total Fund Balance Res. 1,707,112 1,747,900 0 TOTAL 2,639,412 2,812,150 - CAPITAL PROJECTS INCLUDE. CITY OF DIAMOND BAR SPECIAL FUNDS BUDGET FY 1999-2000 PROPOSITION C FUND FUND TYPE: speciat Revenue FUNCTION; Sr Maint{Const FUND #; 113 FUND DESCRIPTION: The City receives Proposition C Tax which is additional allocations of State Gax Tax funds from Los Angeles County. These funds must be used for street -related purposes such as construction, rehabilitation or maintenance. These projects must be transit related improvements. In order to spend these funds, the City must submit the project to the County for prior app ESTIMATED RESOURCES 25500 Approp Fund Balance 31320 Transportation Tax 36100 Interest Revenue TOTAL TRANSFERS OUT 9915-49001 Transfer to Gen Fund 9915-49250 Transfer to CIP Fund Total Capital Outlay 19984999 City Manager City councCouncil Adjusted Budget Recommended 1,956,855 2,563,455 526,600 526,600 85,000 100,000 2 568,455 3,190,055 ' 5,000 5,000 1,160,000 1,502,500 0 1,165,000 1,507,500 FUND BALANCE RESERVES 1,403,455 1,682,555 25500 Reserve 1,403,455 1,682,555 0 Total Fund Balance Res. TOTAL 2,568,455 3,190,055 0 CAPITAL PROJECTS INCLUDE: 13199 Gldn Spgs-BCR-Wstrly CL 900,000mt 78,500 13299 Gidn Spgs-Grand to Torito 524,000 13499 BCR-Pthfndr to Sthriy CLmt 1,502,500 CITY OF DIAMOND BAR SPECIAL FUNDS BUDGET FY 1999-2000 PARK FEES FUND FUND DESCRIPTION: FUND TYPE: ! Special Revenue. FUNCTION; Park Impoyemertit FUND #: 722 Within the Subdivision Map Act of the California State Constitution is a requirement that developers either contribute land or pay fees to the local municipal government to provide recreational facilities within the development. This fund is used to account for the fees received. ESTIMATED RESOURCES 25500 Approp Fund Balance 34560 Quimby Fees 36100 Interest Revenue TOTAL TRANSFERS OUT 9915-49250 Transfer to CIP Fund Total Capital Outlay 1998-1999 City Manager City Council Adjusted Budget Recommended Approved 205,431 181,431 250,000 25,000 40,000 2,000 495,431 208,431 - 494,000 208,431 494,000 208,431 0 FUND BALANCE RESERVES 25500 Reserve 1,431 0 Total Fund Balance Res. 1,431 0 0 TOTAL 495,431 208,431 0 CAPITAL PROJECTS INCLUDE: CITY OF DIAMOND BAR SPECIAL FUNDS BUDGET FY 1999-2000 PARK & FACILITY DEVELOPMENT FUND FUND DESCRIPTION: FUND TYPE; Special, Revenue FUNCTION: Park Improvement FUND N: 124 The purpose of this fund is to provide resources for the development and enhancement of the City's parks and facilities. 1998-1999 City Manager City Council Adjusted Budget Recommended Approved ESTIMATED RESOURCES 25500 Approp Fund Balance 1,356,441 1,187,740 34550 Developer Fees 1,200,000 36100 Interest Revenue 80,000 75,000 TOTAL 1,436,441 2,462,740 - CAPITAL OUTLAY 46305 Land Acquisition 196,000 196,000 - - TRANSFERS OUT 9915-49250 Transfer to CIP Fund 102,700 670,000 Total Capital Outlay 102,700 670,000 0 FUND BALANCE RESERVES 25500 Reserve 1,137,741 1,792,740 Total Fund Balance Res. 1,137,741 1,792,740 0 TOTAL 1,436,441 2,462,740 0 CAPITAL PROJECTS INCLUDE: 15199 Pantera Park Ball Fld Lghtg - Design/Constr 320,000 Skateboard Park - Design/Construction 350,000 670,000 BUDGET DISCUSSION ITEMS FY 1999-2000 CHAMBER OF COMMERCE CONTRACT PROPOSAL - $36,000 COMMUNITY ORGANIZATION SUPPORT FUND - $15500 le � SKATEBOARD PARK - $350,000 ' �PANTERA PARK BALL FIELD CSC. e c_v , _� � � � LIGHTS - $320,000��na� EMPLOYEE SALARY AND BENEFITS ADJUSMENT COQAM Iff IxTrT 1 /CIVIC CENTER PROJECT LOS ANGELES COUNTY SHERIFF TRAILS MASTER PLAN - $50,000 IMAGING SYSTEM— $38,000 RECREATION REGISTRATION SYSTEM — $40,000 SPEAKER SYSTEM - $3,500 TERS HERMANOS CONSERVATION AUTHORITY ZONING CHANGES - $30,000 - PERSONNEL CHANGES: SUPERINTENDENT OF STREETS ENGINERING INTERN ASSOCIATE ENGINEER COMMUNITY SERVICES COORDINATOR CAPITAL IMPROVEMENT PROGRAM -$50,000 DRAFT POSITION -City Manager -Deputy City Manager Finance Director -Dir.Of Community Services -City Clerk -Dir of Communications & Marketing -Deputy Public Works Director -Assistant to City Manager -Associate Planner -Accountant II -Supt of Parks & Maint -Secretary to City Manager/Office Manager -Administrative Assistant -Development Services Assistant -Communications & Marketing Assistant -Deputy City Clerk -Administrative Secretary -Secretary -Account Clerk II -MIS Technician -Assistant Civil Engineer -Code Enforcement Officer -Maintenance Worker II -Transportation Clerk -Community Services Coordinator . Totals City Of Diamond Bar Personnel Summary Fiscal Year 1999-00 FULLT_ 1998-99 App= Actual 1999-00 Pro= Approved 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 2 2 2 2 2 2 1 1 1 3 3 3 2 2 2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 30 30 30 0 PART TIME POSITION 1998-99 1999-00 ApprovedAc_ foal Proposed Approved -Administrative Assistant 1 1 -Senior Account Clerk 1 -Community Services Coordinator 1 1 1 -Parks Maint.Helper 1 1 1 -Engineering Intern 7 7 7 -Adminstrative Intern 1 1 1 0 Totals 0 011 11 11 0 1 DRAFT CITY OF DIAMOND BAR GENERAL FUND BUDGET FY 1999-2000 ESTIMATED RESOURCES Property Taxes Other Taxes State Subventions Fines and Forfeitures From Other Agencies Current Services Charges Use of Money & Property Transfers -In Other Funds Reserved Fund Balance Total Estimated Resources APPROPRIATIONS 1998-1999 City Manager City Council Adjusted Budget Recommended Approved 2,061,000 2,071,000 0 3,270,000 3,630,000 0 1,881,700 2,581,800 0 306,500 322,500 0 74,500 11,330 0 1,988,950 1,365,330 0 702,220 690,500 0 915,958 939,500 0 592,100 0 0 11,792,928 11,611,960 0 City Council 134,670 128,070 0 City Attorney 193,572 240,000 0 City Manager 354,580 344,080 0 City Clerk 223,415 267,100 0 Finance 259,470 275,330 0 General Government 698,723 607,900 0 Communications & Marketing 615,830 478,620 0 Law Enforcement 3,975,300 3,997,300 0 Volunteer Patrol 12,500 12,000 0 Fire 7,360 7,360 0 Animal Control 65,000 66,000 0 Emergency Preparedness 43,915 53,015 0 Community Dev./Planning 488,383 438,650 0 Building & Safety 684,500 330,500 0 Community Services 1,709,974 1,662,860 0 Public Works/Engineering 1,568,688 1,585,430 0 Transfer -Out Other Funds 387,658 172,150 Total Appropriations 11,423,548 10,666,365 0 NET CHANGE IN FUND BALANCE 369,380 945,595 E GENERAL FUND REVENUE SUMMARY DRAFT CITY OF DIAMOND BAR GENERAL FUND ESTIMATED RESOURCES FY 1999-2000 Property Taxes 30010 Current'Secured 30020 Current Unsecured 30050 Supplemental Roll 30200 Misc. Property Taxes Other Taxes 31010 Sales Tax 31200 Transient Occupancy Tax 31210 Franchise Tax 31250 Property Transfer Tax Subventions - State: 31350 Motor Vehicle in Lieu 31450 Homeowners Exemption 31800 Off Highway Tax Fines & Forfeitures 32150 Traffic Fines 32200 General Fines 32230 Parking Fines 32250 Vehicle Impound Fees 32270 False Alarm Fees 32350 Graffiti Restitution From Other Agencies 31820 FEMA Revenue 31890 Environmental Enhancement Pgm 31900 Intergovt Revenue -Other Cities Current Service Charges: Building Fees: 150,000 34110 Building Permits 34120 Plumbing Permits 34130 Electrical Permits 34140 Mechanical Permits 34200 Permit Issuance Fee 34250 Inspection Fees 34300 Plan Check Fees 34350 SMIP Fees 1998-1999 City Manager . City Council Adjusted Budget Recommended Approved 1,800,000 1,800,000 150,000 160,000 110,000 110,000 1,000 1,000 2,061,000 2,071,000 0 2,200,000 2,500,000 300,000 350,000 650,000 650,000 120,000 130,000 3,270,000 3,630,000 0 1,850,000 2,550,000 30,000 30,000 1,700 1,800 1,881,700 2,581,800 0 185,000 200,000 9,000 10,000 60,000 60,000 12,000 12,000 40,000 40,000 500 500 306,500 322,500. 0 4 30,000 18,000 11,330 26,500 74,500 11,330 0 559,200 224,200 42,200 22,200 64,000 35,080 25,800 14,800 48,000 36,250 11,050 11,100 390,200 207,200 3,500 3,500 CITY OF DIAMOND BAR Department - Legislative • City Council • City Attorney • City Manager • .City Clerk CITY OF DIAMOND BAR ESTIMATED EXPENDITURES FY 1999-2000 DEPARTMENT: Legislative DIVISION. Summary ORGANIZATION #: 001-4010 to 4040 1998-1999 City Manager City Council Adjusted Budget Recommended Approved_ PERSONNEL SERVICES 42110 Printing 42112 40010 Salaries 420,800 421,050 0 40020 Over -Time Wages 7,000 7,000 0 40070 City Paid Benefits 8,020 8,020 0 40080 Retirement 74,900 62,650 0 40083 Worker's Comp. Exp. 4,100 4,900 0 40085 Medicare 6,130 6,130 0 40090 Cafeteria Benefits 94,450 94,510 0 0 TOTAL PERSONNEL 615,400 604,260 0 SUPPLIES 41200 Operating Supplies 5,200 4,850 0 41300 Small Tools & Equipment 200 200 0 TOTAL SUPPLIES 5,400 5,050 0 OPERATING EXPENDITURES 42110 Printing 42112 Photography 42115 Advertising 42125 Telephone 42200 Equipment Maintenance 42310 Fuel 42315 Membership & Dues 42320 Publications 42325 Meetings 42330 Travel -Conferences 42335 Travel -Mileage & Auto Allow 42340 Education & Training 42390 Elections 42395 Misc Expenditures 110,440 0 TOTAL OPERATING EXP. PROFESSIONAL SERVICES 2,000 1,500 0 600 600 0 5,000 6,000 0 2,900 2,900 0 1,100 1,100 0 1,200 1,200 0 1,975 2,200 0 790 790 0. 7,150 6,150 0 45,700 39,000 0 1,800 1,500 0 2,450 2,450 0 0 45,000 0 50 50 0 72,715 110,440 0 44000 Professional Services 53,150 57,500 0 44020 Prof Svcs - General Legal 90,000 90,000 0 44021 Prof Svcs - Special Legal 103,572 150,000 0 44030 Prof Svcs -Data Processing 4,000 0 TOTAL PROF SVCS 250,722 297,500 0 CAPITAL OUTLAY 46235 Computer Equip -Software 2,000 2,000 0 2,000 2,000 0 ALLOCATED COSTS 48500 Alloc. Costs -Redevelopment (40,000) (40,000) 0 DIVISION TOTAL 906,237 979,250 0 6 CITY OF DIAMOND BAR ESTIMATED EXPENDITURES FY 1999-2000. PERSONNEL SERVICES 40010 Salaries 40070 City Paid Benefits 40080 Retirement 40083 Worker's Comp. Exp. 40085 Medicare 40090 Cafeteria Benefits 42330 TOTAL PERSONNEL SUPPLIES 41200 Operating Supplies TOTAL SUPPLIES OPERATING EXPENDITURES 42110 Printing 42112 Photography 42125 Telephone 42315 Membership & Dues 42320 Publications 42325 Meetings 42330 Travel -Conferences 42335 Travel -Mileage & Auto Allow 42340 Education & Training 42395 Misc Expenditures 600 TOTAL OPERATING EXP. PROFESSIONAL SERVICES 44000 Professional Services TOTAL PROF SVCS DIVISION TOTAL DEPARTMENT: Legislative alvlstaN CityDounct ORC#ANITATlON #: '::001-4i�10 1998-1999 City Manager City Council Adjusted Budget Recommended Approved 24,000 24,000 2,820 2,820 4,100 3,300 150 200 350 350 31,200 31,200 62,620 61,870 0 2,350 2,000 2,350 2,000 0 2,000 1,500 600 600 1,000 1,000 100 100 200 200 4,000 3,000 24,000 20,000 750 750 1,000 1,000 50 50 33,700 28,200 0 36,000 36,000 36,000 36,000 0 134,670 128,070 0 7 8 Q CI TY OF DIAMOND BAR DEPARTMENT:'' Legislative' Ariorney ESTIMATED EXPENDITURES p{YiSIQN: Clty pRt;ANiZATioM #: 0o1 -4Q20 /w FY 1999-2000 1998-1988 city City Council Manager Approved Adjusted Budget Recommended PROFESSIONAL SERVICES Prof Svcs - General Legal 90,000 90,000 44020 44021 Prof Svcs - Special Legal 103,572 193,572 150,000 240,000 0 TOTAL PROF SVCS DIVISION TOTAL 193,572 240,000 0 8 CITY OF DIAMOND BAR ESTIMATED EXPENDITURES FY 1999-2000 DEPARTMENT: Legislative DN(SIQN;: City Manager ORGANIZATION #: 0014030 1998-1999 City Manager City Council Adjusted Budget Recommended Approved PERSONNEL SERVICES 259,600 259,850 4 0010 Salaries 5,000 5,000 40020 Over -Time Wages 3,50 3,050 40070 City Paid Benefits 48,6650 41,150 40080 Retirement 3,100 3,600 40083 Worker's Comp. Exp- 3,780 3,780 40085 Medicare 39,550 39,550 40090 Cafeteria Benefits 362,730 355,980 0 TOTAL PERSONNEL SUPPLIES 41200 Operating Supplies 1,000 1,000 41300 Small Tools & Equipment 100 100 1,100 0 TOTAL SUPPLIES 1,100 OPERATING EXPENDITURES 42125 Telephone 42200 Equipment Maintenance 42310 Fuel 42315 Membership & Dues 42320 Publications 42325 Meetings 42330 Travel -Conferences 42335 Travel -Mileage & Auto Allow 42340 Education & Training 25,500 0 TOTAL OPERATING EXP. PROFESSIONAL SERVICES 44000 Professional Services TOTAL PROF SVCS ALLOCATED COSTS 48500 Alloc. Costs -Redevelopment DIVISION TOTAL 1,500 1,500 1,000 1,000 1,200 1,200 1,200 1,200 500 500 3,000 3,000 19,500 16,000 750 500 600 600 29,250 25,500 0 1,500 1,500 1,500 1,500 0 (40,000) (40,000) 354,580 344,080 0 9 CITY OF DIAMOND BAR ESTIMATED EXPENDITURES FY 1999-2000 DEPARTMENT::' Legislative DIVISiQN'. city<cierl� ORCANI�ATIliaM.�: '001-4040 ALLOCATED COSTS 48500 Alloc. Costs -Redevelopment DIVISION TOTAL 223,415 267,100 0 10 1998-1999 City Manager City councn _Adjusted Budget Recommended Approved PERSONNEL SERVICES 137,200 137,200 40010 Salaries 2,000 2,000 40020 Over -Time Wages 2,150 2,150 40070 City Paid Benefits 22,150 18,200 40080 Retirement 850 1,100 40083 Worker's Comp. Exp. 2,000 2,000 40085 Medicare 23,700 23,760 40090 Cafeteria Benefits 190,050 186,410 0 TOTAL PERSONNEL SUPPLIES 1,850 1,850 41200 Operating Supplies 100 100 41300 Small Tools & Equipment 1 950 1,950. 0 TOTAL SUPPLIES OPERATING EXPENDITURES 6,000 42115 Advertising 5,000 400 400 42125 Telephone 100 100 42200 Equipment Maintenance 675 900 42315 Membership & Dues 90 90 42320 Publications 150 150 42325 Meetings 2 200 3,000 42330 Travel -Conferences 300 250 42335 Travel -Mileage & Auto Allow 850 42340 Education & Training 850 0 45,000 42390 Electionsg TOTAL OPERATING EXP. 765 56,740 0 PROFESSIONAL SERVICES 15,650 20,000 44000 Professional Services 44030 Prof Svcs -Data Processing ,000 44,650 20,000 0 TOTAL PROF SVCS 1 CAPITAL OUTLAY 2,000 2,000 46235 Computer Equip -Software 2,000 2,000 0 ALLOCATED COSTS 48500 Alloc. Costs -Redevelopment DIVISION TOTAL 223,415 267,100 0 10 CITY OF DIAMOND BAR Department - Admin. & Support • Finance • General Government a Communications & Marketing 11 D""RAFb 12 1998-1999 City Manager F.;1ill %,Wullula Approved Adjusted Budget Recommended PERSONNEL SERVICES 346,600 373,400 0 40010 Salaries 2,000 4,000 0 40020 Over -Time Wages 11,400. 0 0 40030 Part -Time Salaries 4,400 5,360 0 40070 City Paid Benefits 57 220 50,300 0 40080 Retirement 2 200 3,050 0 40083 Worker's Comp. Exp. 5,950 5,420 0 40085 Medicare 53,120 58,570 0 40090 Cafeteria Benefits 7,200 7,200 0 40093 Benefits Administration 490,590 507,300 0 TOTAL PERSONNEL SUPPLIES 20,800 19,800 0 41200 Operating Supplies 450 450 0 41300 Small Tools & Equipment 24,500 27,000 0 41400 Promotional Supplies 45,750 47,250 0 TOTAL SUPPLIES OPERATING EXPENDITURES 6,500 7,000 0 42100 Photocopying 53,000 57,000 0 42110 Printing 16,000 14,000 0 42111 Printing -Pre Press Svcs 500 1,000 0 42112 Photography 2,000 3,000 0 42113 Engraving Svcs 30,000 35,000 0 42115 Advertising 45,500 47,500 0 42120 Postage 3,500 3,500 0 42121 Mailing Services 31,000 31,000 0 42125 Telephone 750 750 0 42126 Utilities 6,000 7,000 0 42128 Banking Charges 22,500 22,500 0 42130 Rental/Lease of Equipment 218,500 222,500 0 42140 Rental/Lease of Real Prop 11,000 11,000 0 42200 Equipment Maintenance 7,500 4,500 0 42205 Computer Maintenance 20,000 20,000 0 42210 Maint. of Grounds/Bldgs 1,500 1,500 0 42310 Fuel 30,750 31,600 0 42315 Membership & Dues 4,200 5,350 0 42320 Publications 22,150 22,650 0 42325 Meetings 28,500 22,500 0 42330 Travel -Conferences 200 700 0 42335 Travel -Mileage & Auto Allow 22,453 18,000 0 42340 Education & Training 1,500 1,500 0 42345 Employment Physicals 12 PROFESSIONAL SERVICES 85,100 94,000 0 44000 Professional Services 46,000 47,000 0 44010 Prof Svcs-Acctg & Auditing 14, 550 15,000 0 44030 Prof Svcs -Data Processing 145,550 156,000 0 TOTAL PROF SVCS CONTRACT SERVICES 12,260 14,500 0 45000 Contract Services TOTAL CONTRACT SVCS. 12,260 14,500 0 CAPITAL OUTLAY 0 46100 Auto Equipment 65,000 1,870 2,000 0 46200 Office Equipment 33,000 5,000 0 46220 Office Equip-Fumiture 191,550 46,500 0 46230 Computer Equip -Hardware 26,050 17,350 0 46235 Computer Equip -Software 0 0 46240 Communications Equip 1,200 8,600 6,000 0 46250 Misc Equipment 327,270 76,850 0 ALLOCATED COSTS 48500 Alloc. Costs -Redevelopment DIVISION TOTAL (35,000) (38,600) 0 1,574,023 1,361,850 0 13 DRAFT CITY OF DIAMOND BAR ESTIMATED EXPENDITURES FY 1999-2000 DEPARTMENT: Admin 84 Support DIVISION: F"rrrsince ORGANIZATIONS: 0014050 1998-1999 City Manager City Council Adjusted Budget Recommended Approved PERSONNEL SERVICES 42110 Printing 40010 Salaries 150,300 177,100 40020 Over -Time Wages 2,000 2,000 40030 Part -Time Salaries 11,400 Education & Training 40070 City Paid Benefits 2,150 2,610 40080 Retirement 24,570 23,400 .40083 Worker's Comp. Exp. 1,000 1,450 40085 Medicare 3,100 2,570 40090 Cafeteria Benefits 24,150 29,600 TOTAL PERSONNEL 218,670 238,730 0 SUPPLIES 41200 Operating Supplies 1,300 1,300 41300 Small Tools & Equipment 200 200 TOTAL SUPPLIES 1,500 1,500 0 OPERATING EXPENDITURES 42110 Printing 42315 Membership & Dues 42320 Publications 42325 Meetings 42330 Travel -Conferences 42335 Travel -Mileage S Auto Allow 42340 Education & Training 9,700 0 TOTAL OPERATING EXP. PROFESSIONAL SERVICES 5,000 4,800 750 1,000 350 350 150 150 2,500 3,000 200 200 800 1,000 9,750 9,700 0 44000 Professional Services 5,000 3,000 44010 Prof Svcs-Acctg S Auditing 26,000 27,000 44030 Prof Svcs -Data Processing 12,550 13,000 TOTAL PROF SVCS 43,550 43,000 0 CAPITAL OUTLAY 46200 Office Equipment 1,000 1,000 1,000 1,000 0 ALLOCATED COSTS 48500 Alloc. Costs -Redevelopment (15,000) (18,600) DIVISION TOTAL 259,470 275,330 0 14 DRAFT CITY OF DIAMOND BAR ESTIMATED EXPENDITURES DEPARTMENT; Admin &Support FY 1999-2000 DNISION: General:Govt ORGANIZATION ait: 001.-4090 1998-1999 City Manager City Council PERSONNEL SERVICES Adjusted Budget Recommended Approved 40070 City Paid Benefits 40080 Retirement 200 200 40093 Benefits Administration 1,000 1,000 TOTAL PERSONNEL 7,200 8,400 8,400 8,400 0 SUPPLIES 41200 Operating Supplies 12,500 41300 Small Tools & Equipment q pment 15,000 41400 Promotional Supplies 250 12,500 250 TOTAL SUPPLIES 25,250 1 277,,750750 0 OPERATING EXPENDITURES 42100 Photocopying 6,500 42110 Printing 7,000 42113 Engraving Svcs 1 13,000 42115 Advertising ,000 2, 000 3,000 42120 Postage 17,500 17,500 42121 Mailing Services 30,000 30,000 42125 Telephone 1,000 1,000 42126 Utilities 30 ,000 30,000 42128 Banking Charges 750 750 42130 Rental/Lease of Equipment 7,000 42140 Rental/Lease of Real Prop 19,000 000 19,000 42200 Equipment Maintenance 213,500 220,000 42210 Maint. of Grounds/Bid g s 11'000 11,000 42310 Fuel 20,000 20,000 42315 Membership & Dues 1,500 1,500 42320 Publications 26,500 27,000 42325 Meetings 2,500 2,500 42330 Travel -Conferences 20,000 20,000 42340 Education & Training13,500 13,500 42345 Employment Physicals 17,653 10,000 42395 Misc Expenditures 1,500 1,500 TOTAL OPERATING EXP.1,500 1,500 454,903 456,750 0 PROFESSIONAL SERVICES 44000 Professional Services 75,000 44010 Prof Svcs-Acctg & Auditing 75,000 44030 Prof Svcs -Data Processing 20,000 20,000 TOTAL PROF SVCS 2,000 2,000 97,000 97,000 0 15 CITY OF DIAMOND BAR ESTIMATED EXPENDITURES FY 1999-2000 DEPARTMENT: DIVISION: ORGANIZATION #: Admin:& Support General Govt 001--4090 1998-1999 City Manager City Council Adjusted Budget Recommended Approved CONTRACT SERVICES 45000 Contract Services 12,000 12,000 TOTAL CONTRACT SVCS. 12,000 12,000 0 CAPITAL-OUTLAY 46100 Auto Equipment 65,000 46200 Office Equipment 870 1,000 46220 Office Equip-Fumiture 33,000 5,000 46240 Communications Equip 1,200 46250 Misc Equipment 1,100 101,170 6,000 0 ALLOCATED COSTS 48500 Alloc. Costs-Redevelopment DIVISION TOTAL 698,723 607,900 0 16 DORAFT CITY OF DIAMOND BAR ESTIMATED EXPENDITURES FY 1999-2000 PERSONNEL SERVICES 40010 Salaries 40020 Over -Time Wages 40070 City Paid Benefits 40080 Retirement 40083 Worker's Comp. Exp. 40085 Medicare 40090 Cafeteria Benefits 42130 TOTAL PERSONNEL SUPPLIES 41200 Operating Supplies 41400 Promotional Supplies Membership & Dues TOTAL SUPPLIES OPERATING EXPENDITURES 42110 Printing 42111 Printing -Pre Press Svcs 42112 Photography 42115 Advertising 42120 Postage 42121 Mailing Services 42125 Telephone 42130 Rental/Lease of Equipment 42140 Rental/Lease of Real Prop 42205 Computer Maintenance 42315 Membership & Dues 42320 Publications 42325 Meetings 42330 Travel -Conferences 42335 Travel -Mileage & Auto Allow 42340 Education & Training 42355 Contributions -Comm Groups 42395 Misc Expenditures 2,500 TOTAL OPERATING EXP. PROFESSIONAL SERVICES 44000 Professional Services TOTAL PROF SVCS CONTRACT SERVICES 45000 Contract Services TOTAL CONTRACT SVCS. DEPARTMENT: Admin Suppo►# DIVISION' tom Mkting W 14024i:: .:::I 1998-1999 City Manager City Council Adjusted Budget Recommended Approved 196,300 196,300 2,000 2,550 2,550 31,650 25,900 1,200 1,600 2,850 2,850 28,970 28,970 263, 520 260,170 0 7,000 3,500 12,000 14,500 19,000 18,000 0 35,000 40,000 16,000 14,000 500 1,000 12,500 17,500 15,500 17,500 2,500 2,500 1,000 1,000 3,500 3,500 5,000. 2,500 7,500 4,500 3,500 3,600 1,350 2,500 2,000 2,500 12,500 6,000 500 4,000 7,000 500 5,000 1.000 122,850 132,100 0 5,100 16,000 5,100 16, 000 0 17 Z60 2,500 260 21500 0 DRAFT CITY OF DIAMOND BAR ESTIMATED EXPENDITURES DEPARTMENT. Admin A Support FY 1999-2000 DNISION; co Mkting ORGANIZATION #; : 001-41195 1998-1999 Adjusted Budget City Manager Recommended City Council CAPITAL OUTLAY Approved 46230 Computer Equip -Hardware 46235 Computer Equip -Software 1 ,550 46,500 46250 Misc Equipment 266,0. 17,350 7,55000 6,000 225,100 69, 850 0 ALLOCATED COSTS 48500 Alloc. Costs -Redevelopment (20,000) (20,000) DIVISION TOTAL 615,830 478,620 0 18 CITY OF DIAMOND BAR Department - Public Safety • Law Enforcement • Community Volunteer Patrol • Fire • Animal Control • Emergency Preparedness 19 DRAFT CITY OF DIAMOND BAR 500 3,500 3,000 500 7,500 7'400 3,500 4,000 500 15,400 ESTIMATED EXPENDITURES DEPARTMENT.* Public Safety FY 1999-2000 0 DIVISION: summary ORGANIZATION #:::001-4411 to 4440 1998-1999 City Manager City Council PERSONNEL SERVICES _Adjusted Budget Recommended Approved 40083 Worker's Comp. Exp. 5,000 5,000 TOTAL PERSONNEL 5,000 5,000 0 0 SUPPLIES 41200 Operating Supplies 41300 Small Tools & Equipment 10,000 12,000 0 TOTAL SUPPLIES 1,000 11,000 1,000 0 13,000 0 OPERATING EXPENDITURES 42110 Printing 42125 Telephone 800 500 0 42126 Utilities 2'200 2,200 0 42130 Rental/Lease - Equipment 375 2'800 375 0 42140 Rental/Lease - Real Pro 100 2'800 0 42200 Equipment Maintenancep 5,700 100 0 42310 Fuel 5,500 0 4231.5 Membership & Dues 500 2'800 0 0 42320 Publications 1,000 3,000 0 42325 Meetings 500 0 42340 Education & Training3,500 1,000 3,500 0 TOTAL OPERATING EXP. 20,775 1,000 0 19,475 0 PROFESSIONAL SERVICES 44040 Emergency Prep-Coordinatn 16,640 TOTAL PROF SVCS 16,640 16'640 16,640 0 0 CONTRACT SERVICES 45401 CS -Sheriff Department 45402 CS -Sheriff /Special Evts 3,822,800 3,822,800 - 0 45403 Contract Svcs -Animal Cntr1 78,000 65,000 100,000 0 45404 Contract Services -Fire Det 7,360 66,000 0 45405 CS -Parking Citation Admin 5'000 7,360 p 45410 CS -Crossing Guard Svcs 65,000 5,000 0 TOTAL CONTRACT SVCS. 4,043,160 65,000 4,056,160 0 0 CAPITAL OUTLAY 46230 46240 46250 46310 Computer Equip -Hardware Communications Equipment Misc Equipment Bldg Improvements -Civic Ctr 500 3,500 3,000 500 7,500 7'400 3,500 4,000 500 15,400 0 0 0 p 0 DIVISION TOTAL 4,104,075 4,135,675 0 20 CITY OF DIAMOND BAR ESTIMATED EXPENDITURES FY 1999-2000 DEPARTMENT: Public Safety DIVISION: Law Enforcement ORGANIZATION #: 001-4411 1998-1999 City Manager City Council Adjusted Budget Recommended Approved OPERATING EXPENDITURES 4220b Equipment Maintenance 4,000 4,000 42325 Meetings 500 500 TOTAL OPERATING EXP. 4,500 4,500 0 CONTRACT SERVICES 45401 CS -Sheriff Department 3,822,800 3,822,800 45402 CS -Sheriff /Special Evts 78,000 100,000 45405 CS -Parking Citation Admin 5,000 5,000 45410 CS -Crossing Guard Svcs 65,000 65,000 TOTAL CONTRACT SVCS. 3,970,800 3,992,800 0 DIVISION TOTAL 3,975,300 3,997,300 0 21 CITY OF DIAMOND BAR ESTIMATED EXPENDITURES FY 1999-2000 DEPARTMENT: Public Safety DIVISION: Volunteer Patrol ORGANIZATION 0: 001-4415: OPERATING EXPENDITURES 42125 Telephone 1998-1999 City Manager City Council 42200 Equipment Maintenance Adjusted Budget Recommended Approved PERSONNEL SERVICES 500 40083 Workers Comp. Exp. 5,000 5,000 TOTAL PERSONNEL 5,000 5,000 0 SUPPLIES 41200 Operating Supplies 2,000 2,000 41300 Small Tools & Equipment 500 500 TOTAL SUPPLIES 2,500 .2,500 0 OPERATING EXPENDITURES 42125 Telephone 1,000 1,000 42200 Equipment Maintenance 500 500 42310 Fuel 500 42325 Meetings 3,000 3,000 TOTAL OPERATING EXP. 5,000 4,500 0 DIVISION TOTAL 12,500 12,000 0 22 DRAFT CITY OF DIAMOND BAR ESTIMATED EXPENDITURES FY 1999-2000. DEPARTMENT: Public Safety DIVISION: Fire Protection ORGANIZATION fit: 001-4421 1998.1999 City Manager City Council Adjusted Budget Recommended Approved CONTRACT SERVICES 45404 Contract Services -Fire Dept 7,360 7,360 0 TOTAL CONTRACT SVCS. 7,360 7,360 DIVISION TOTAL 7,360 7,360 0 23 DRAFT CITY OF DIAMOND BAR FDEPARTMENT'-:�..Publlc Safety ESTIMATED EXPENDITURES Animal Control FY 1999-2000 ON 0: 001-4431 1998-1999 City Manager City Council CONTRACT SERVICES Adjusted Budget Recommended Approved 45403 Contract Svcs -Animal Cntrl 65,000 66,000 TOTAL CONTRACT SVCS. 65,000 66,000 0 DIVISION TOTAL 65,000 66,000 0 24 CITY OF DIAMOND BAR ESTIMATED EXPENDITURES FY 1999-2000. DEPARTMENT: Rub! Safety DIVISION: Emergency Prep ORGANIZATION #: 001-4440 1998-1999 City Manager City Council Adjusted Budget Recommended Approved SUPPLIES 41200 Operating Supplies, 8,000 10,000 41300 Small Tools & Equipment 500 500 TOTAL SUPPLIES 8,500 10,500 0 OPERATING EXPENDITURES 42110 Printing 800 500 42125 Telephone 1,200 1,200 42126 Utilities 375 375 42130 Rental/Lease - Equipment 2,800 2,800 42140 Rental/Lease - Real Prop 100 100 42200 Equipment Maintenance 1,200 1,000 42315 Membership & Dues 2,800 3,000 42320 Publications 1,000 500 42340 Education & Training 1,000 1,000 TOTAL OPERATING EXP. 11,275 10,475 0 PROFESSIONAL SERVICES 44040 Emergency Prep-Coordinatn 16,640 16,640 TOTAL PROF SVCS 16,640 16,640 0 CAPITAL OUTLAY 46230 Computer Equip -Hardware 500 7,400 46240 Communications Equipment 3,500 3,500 46250 Misc Equipment 3,000 4,000 46310 Bldg Improvements -Civic Ctr 500 500 7,500 15,400 0 DIVISION TOTAL 43,915 53,015 0 25 CITY OF DIAMOND BAR Department - Development Svcs • Planning • Building and Safety 26 CITY OF DIAMOND BAR bevel©pmant Svcs ESTIMATED EXPENDITURES DlY[S1lN: summary FY 1999-2000 ORG�INIA'ON #. 0:465220,' 1998-1999 City Manager City Council PERSONNEL SERVICES Adjusted Budget Recommended Approved 40010 Salaries 210,751 213,650 0 40020 Over-Time Wages 40030 Part-Time 4,000 4,000 0 ...�•� Salaries 500 0 0 40070 City Paid Benefits 3,500 3,150 0 s ' 40080 Retirement 40,800 28,250 0 40083 Worker's Comp. Exp. 2,050 2,250 0 40085 Medicare 3,700 3,100 0 40090 Cafeteria Benefits 39,500 35,250 0 TOTAL PERSONNEL 304,801 289,650 0 SUPPLIES 41200 Operating Supplies 2,500 2,500 0 TOTAL SUPPLIES 2,500 2,500 0 OPERATING EXPENDITURES 42110 Printing 9,000 9,000 0 42115 Advertising 6,000 6,000 0 42200 Equipment Maintenance 1,800 1,800 0 42310 Fuel 1,000 1,500 0 42315 Membership & Dues 1,000 1,200 0 42320 Publications 1,000 1,200 0 42325 Meetings 800 800 0 42330 Travel-Conferences 8,000 5,000 0 42335 Travel-Mileage & Auto Allow 500 500 0 42340 Education & Training 1,000 1,500 0 TOTAL OPERATING EXP. 30,100 28,500 0 PROFESSIONAL SERVICES 44000 Professional Services 95,999 50,000 0 44100 Commission Compensation 7,000 7,000 0 44110 Commission Comp-SEATAC 500 1,000 0 44220 Planning - General Plan 15,000 25,000 0 44240 Prof Svcs - Environmental 10,000 20,000 0 44250 Planning - Projects 35,483 30,000 0 TOTAL PROF SVCS 163,982 133,000 0 CONTRACT SERVICES 45000 Contract Services 584,500 330,500 0 45213 CS-Code Enforcement 4,000 4,000 0 TOTAL CONTRACT SVCS. 688,500 334,500 0 CAPITAL OUTLAY 46220 Office Equipment -Furniture ALLOCATED COSTS 48500 Alloc. Costs -Redevelopment DIVISION TOTAL 3,000 1,000 3,000 1,000 0 (20,000) (20,000) 1,172,883 769,150 0 27 CITY OF DIAMOND BAR ESTIMATED EXPENDITURES FY 1999-2000 DEPARTMENT; peuelapmem Svcs' DIVISION Panning tiRGAf IZAMON #: 001421() CAPITAL OUTLAY 46220 Office Equipment -Furniture ALLOCATED COSTS 48500 Alloc. Costs -Redevelopment 3,000 1,000 3,000 1,000 0 (20,000) (20,000) DIVISION TOTAL 488,383 438,650 0 28 1998-1999 City Manager City Council Adjusted Budget Recommended Approved PERSONNEL SERVICES 40010 Salaries 210,751 213,650 e 40020 Over -Time Wages 4,000 4,000 P� 40030 Part -Time Salaries 500 40070 City Paid Benefits 3,500 3,150 40080 Retirement 40,800 28,250 40083 Worker's Comp. Exp. 2,050 2,250 40085 ' Medicare 3,700 3,100 40090 Cafeteria Benefits 39,500 35,250 TOTAL PERSONNEL 304,801 289,650 0 SUPPLIES 41200 Operating Supplies 2,500 2,500 TOTAL SUPPLIES 2,500 2,500 0 OPERATING EXPENDITURES 42110 Printing 9,000 9,000 42115 Advertising 6,000 6,000 42200 Equipment Maintenance 1,800 1,800 42310 Fuel 1,000 1,500 42315 Membership & Dues 1,000 1,200 42320 Publications 1,000 1,200 42325 Meetings 800 800 42330 Travel -Conferences 8,000 5,000 42335 Travel -Mileage & Auto Allow 500 500 42340 Education & Training 1,000 1,500 TOTAL OPERATING EXP. 30,100 28,500 0 PROFESSIONAL SERVICES 44000 Professional Services 95,999 50,000 44100 Commission Compensation 7,000 7,000 44110 Commission Comp-SEATAC 500 1,000 44220 Planning - General Plan 15,000 25,000 44240 Prof Svcs - Environmental 10,000 20,000 44250 Planning - Projects 35,483 30,000 TOTAL PROF SVCS 163,982 133,000 0 CONTRACT SERVICES 45213 CS -Code Enforcement 4,000 4,000 TOTAL CONTRACT SVCS. 4,000 4,000 0 CAPITAL OUTLAY 46220 Office Equipment -Furniture ALLOCATED COSTS 48500 Alloc. Costs -Redevelopment 3,000 1,000 3,000 1,000 0 (20,000) (20,000) DIVISION TOTAL 488,383 438,650 0 28 DRAFT CITY OF DIAMOND BAR ESTIMATED EXPENDITURES FY 1999-2000 DEPARTMENT: Development Svcs DP40ION* Bung ORGANIZATION #: 00I-5220 1998-1999 City Manager City Council Adjusted Budget Recommended Approved CONTRACT SERVICES 45000 Contract Services 684,500 330,500 TOTAL CONTRACT SVCS. 684,500 330,500 0 DIVISION TOTAL 684,500 330,500 0 29 CITY OF DIAMOND BAR Department -Community Services • Park Administration • City Parks Paul C. Grow Park Heritage Park Heritage Pk Com Center Maple Hill Park Pantera Park Peterson Park Ronald Reagan Park Starshine Park Summitridge Park Sycamore Canyon Park • Recreation 30 DRRF u CITY OF DIAMOND BAR ESTIMATED EXPENDITURES FY 1999-2000. DEPARTMENT: Cammuniiy Svcs DIVIVON: SummaTjr ORQANU T **-:001 tct 3354' 1998-1999 City Manager City Council Adjusted Budget Recommended Approved PERSONNEL SERVICES 0 40010 Salaries 226,400 226,600 40020 Over -Time Wages 3,000 3,000 0 40030 Part -Time Salaries 100,900 59,850 0 40070 City Paid Benefits 4,450 3,450 0 40080 Retirement 41,850 30,100 0 0 40083 Worker's Comp. Exp. 6,700 8,600 0 40085 Medicare 9,150 7,950 0 0 40090 Cafeteria Benefits 49,450 38,500 0 42320 TOTAL PERSONNEL 441,900 378,050 0 SUPPLIES 41200 Operating Supplies 53,220 58,000 0 41300 Small Tools & Equipment 1,000 2,000 0 41400 Promotional Supplies 1,050 0 0 0 0 TOTAL SUPPLIES 55,270 60,000 11,900 OPERATING EXPENDITURES 0 42125 Telephone 5,120 8,620 42126 Utilities 189,915 201,860 0 42130 Rental/Lease of Equipment 3,690 3,690 0 42140 Rental/Lease of Real Prop 109,372 109,500 0 42200 Equipment Maintenance 1,800 1,800 0 42210 Maint. of Grounds/Bldgs 93,211 68,750 0 42310 Fuel 3,000 3,900 0 42315 Membership & Dues 350 350 0 42320 Publications 100 100 0 0 42325 Meetings 550 550 0 42330 Travel -Conferences 6,000 6,000 42335 Travel -Mileage & Auto Allow 450 450 0 42340 Education & Training 1,900 11,900 0 42353 Anniversary Celebration 22,500 27,500 0 TOTAL OPERATING EXP. 437,958 444,970 0 PROFESSIONAL SERVICES 44000 Professional Services 2,200 2,200 0 44100 Commission Compensation 3,000 3,000 0 44300 Special Studies 18,686 15,200 0 TOTAL PROF SVCS 23,886 20,400 0 CONTRACT SERVICES 45518 CS -Storm Damage 450 450 45300 CS -Community Svcs 590,610 653,090 31 RRk,Fi CITY OF DIAMOND BAR ESTIMATED EXPENDITURES FY 1999-2000 DEPARTMENT: Cornmunity Svcs` DIYistom. Surnmsty, ORGANIZATION #: OD1-5310 to 5350 1998-1999 City Manager City Council Adjusted Budget Recommended Approved 45305 CS -Concerts in the Park 19,000 20,000 0 45310 CS -Excursions 50,000 50,000 0 TOTAL CONTRACT SVCS. 660,060 723,540 0 CAPITAL OUTLAY 46250 Misc Equipment 59,400 9,900 0 46410 Capital Improvements 31,500 26,000 0 90,900 35,900 0 DIVISION TOTAL 1,709,974 1,662,860 0 32 DR, CITY O I MOND BAR ESTIMATED EXPENDITURES FY 1999-2000 PERSONNEL SERVICES 40010 Salaries 40020 Over -Time Wages 40030 Part -Time Salaries 40070 City Paid Benefits 40080 Retirement 40083 Worker's Comp. Exp. 40085 Medicare 40090 Cafeteria Benefits 233,950 0 TOTAL PERSONNEL SUPPLIES 41200 Operating Supplies 41300 Small Tools & Equipment 41400 Promotional Supplies TOTAL SUPPLIES QEPARTMENT; Community Svcs DIVISION, (arks Admin. ORtriANtZA'I.101N �I 1101-53"!0 19984999 City Manager City Council Adjusted Budget Recommended Approved 122,900 122,900 Printing 1,000 59,850 59,850 1,650 1,650 19,850 16,350 5,350 7,250 6,400 6,400 18,550 18,550 234,550 233,950 0 OPERATING EXPENDITURES 42110 Printing 42115 Advertising 42125 Telephone 42130 Rental/Lease of Equipment 42200 Equipment Maintenance 42210 Maint. of Grounds/Bldgs 42310 Fuel 42315 Membership & Dues 42320 Publications 42325 Meetings 42330 Travel -Conferences 42335 Travel -Mileage & Auto Allow 42340 Education & Training 2,200 TOTAL OPERATING EXP. PROFESSIONAL SERVICES 44000 Professional Services 44300 Special Studies TOTAL PROF SVCS 8,000 8,000 1,000 2,000 9,000 10,000 0 CONTRACT SERVICES 45300 Contract Services 45518 CS -Storm Damage 450 450 TOTAL CONTRACT SVCS. 450 450 0 CAPITAL OUTLAY 46250 Misc Equipment 4,400 4,400 4,400 4,400 0 DIVISION TOTAL 272,596 274,490 0 33 3,500 3,140 3,140 1,800 1,800 450 450 3,000 3,900 350 350 100 100 100 100 6,000 6,000 450 450 1,500 1,500 16,890 21,290 0 2,200 2,200 5,106 2,200 7,306 4,400 0 CONTRACT SERVICES 45300 Contract Services 45518 CS -Storm Damage 450 450 TOTAL CONTRACT SVCS. 450 450 0 CAPITAL OUTLAY 46250 Misc Equipment 4,400 4,400 4,400 4,400 0 DIVISION TOTAL 272,596 274,490 0 33 D2A-,&Wr,T CITY OF DIAMOND BAR ESTIMATED EXPENDITURES FY 1999-2000 OPERATING EXPENDITURES 42125 Telephone 42126 Utilities 42140 Rental/Lease -Real Prop 42210 Maint. of Grounds/Bidgs TOTAL OPERATING EXP. DEPARTMENT: r omrnunity Svcs t31VIS10111: Paul:Grow Park [ORGANIZATION *: 001-5311 19984999 City Manager City Council Adjusted Budget Recommended Approved 10,000 10,250 18,000 18,500 4,000 4,000 32,000 32,750 0 CONTRACT SERVICES 45300 CS -Community Services 10,700 10,700 TOTAL CONTRACT SVCS. 10,700 10,700 0 DIVISION TOTAL 42,700 43,450 0 34 i A CITY OF DIAMOND BAR ESTIMATED EXPENDITURES FY 1999-2000 OPERATING EXPENDITURES 42125 Telephone 42126 Utilities 42210 Maint. of Grounds/Bldgs TOTAL OPERATING EXP. DEPARTMENT Community Svcs DN1810N: tiet taQe Pk ORGMVATlOft #I; < OD1.5313 19984999 City Manager City Council Adjusted Budget Recommended Approved 720 720 11,840 12,200 5,700 5,700 18,260 18,620 0 CONTRACT SERVICES 45300 CS -Community Services 7,600 7,210 TOTAL CONTRACT SVCS. 7,600 7,210 0 CAPITAL OUTLAY 46250 Misc Equipment 1,000 1,500 1,000 1,500 0 DIVISION TOTAL 26,860 27,330 0 35 CITY OF DIAMOND BAR DEPARTMENT:: Commu"ftySia ESTIMATED EXPENDITURES DIYt81oN: Heritage Com Ctr FY 1999-2000 ORGANIZATION #I: W44344 SUPPLIES 41200 Operating Supplies 5,000 5,000 41300 Small Tools & Equipment TOTAL SUPPLIES 5,000 5,000 0 OPERATING EXPENDITURES 42125 Telephone 1998-1999 City Manager City Council 42126 Utilities Adjusted Budget Recommended Approved PERSONNEL SERVICES Equipment Maintenance 40010 Salaries 24,350 24,350 40070 City Paid Benefits 550 550 40080 Retirement 3,950. 3,250 40083 Workers Comp. Exp. 150 200 40085 Medicare 400 400 40090 Cafeteria Benefits 6,150 6,150 TOTAL PERSONNEL 35,550 34,900 0 SUPPLIES 41200 Operating Supplies 5,000 5,000 41300 Small Tools & Equipment TOTAL SUPPLIES 5,000 5,000 0 OPERATING EXPENDITURES 42125 Telephone 800 800 42126 Utilities 14,700 15,700 42200 Equipment Maintenance 42210 Maint. of Grounds/Bldgs 5,000 5,000 TOTAL OPERATING EXP. 20,500 21,500 0 DIVISION TOTAL 61,050 61,400 0 36 CITY OF DIAMOND,BAR ESTIMATED EXPENDITURES FY 1999-2000 DEPARTMENT: CoMmurtity Svcs DIVISION: Maplehill Pk ORGANIZATION*tf01-5346 1.998-1999 City Manager City Council Adjusted Budget Recommended Approved OPERATING EXPENDITURES 42125 Telephone 600 600 42126 Utilities 13,650 14,000 42210 Maint. of Grounds/Bldgs 4,600 4,600 TOTAL OPERATING EXP. 18,850 19,200 0 CONTRACT SERVICES 45300 CS -Community Services 8,800 8,800 TOTAL CONTRACT SVCS. 8,800 8,800 0 CAPITAL OUTLAY 46410 Capital Improvements 10,000 10,000 10,000 10,000 0 DIVISION TOTAL 37,650 38,000 0 37 CITY OF DIAMOND BAR ESTIMATED EXPENDITURES FY 1999-2000 DEPARTMENT. Community Svcs DIVISION: Pantera Park ORGANIZATION #:" OQ1-S3IS 38 1998-1999 City Manager City Council Adjusted Budget Recommended Approved SUPPLIES 41400 Promotional Supplies 1,050 0 0 TOTAL SUPPLIES 1,050 OPERATING EXPENDITURES 42125 Telephone 56,500 57,920 42126 Utilities 42130 Rental/Lease of Equipment 550 550 42210 Maint. of Grounds/Bldgs 11,900 11,900 70,370 0 TOTAL OPERATING EXP. 68,950 CONTRACT SERVICES 30,100 30,680 45300 CS -Community Services 30,100 30,680 0 TOTAL CONTRACT SVCS. CAPITAL OUTLAY 46250 Misc Equipment 22,000 0 0 22,000 DIVISION TOTAL 122,100 101,050 0 38 Ct le, r -0- CITY OF DIAMOND BAR ESTIMATED EXPENDITURES FY 1999-2000 DEPARTMENT: ommurtIty Svcs DIVISION. Peterson Pads ORGANIZATJON M: 001.5348 39 19984999 City Manager City Council Adjusted Budget Recommended Approved OPERATING EXPENDITURES 42125 Telephone 600 600 42126 Utilities 22,000 29,000 42210 Maint. of Grounds/Bldgs 5,761 5,800 TOTAL OPERATING EXP. 28,361 35,400 0 CONTRACT SERVICES 45300 CS -Community Services 17,500 17,840 TOTAL CONTRACT SVCS. 17,500 17,840 0 CAPITAL OUTLAY 46410 Capital Improvements 4,000 4,000 0 0 DIVISION TOTAL 49,861 53,240 0 39 rev lerC r;�—: CITY OF DIAMOND BAR ESTIMATED EXPENDITURES FY 1999-2000 DEPARTMENT: Community Svcs DIVISION: Reagan Park ORGANIZATION p: o01-5322 19984999 City Manager City Council Adjusted Budget Recommended Approved OPERATING EXPENDITURES 42125 Telephone 600 16,000 600 16,400 42126 Utilities 42210 Maint. of Grounds/Bldgs 4,500 4,500 0 TOTAL OPERATING EXP. 21,100 21,500 CONTRACT SERVICES 12,200 12,420 45300 CS -Community Services 12,420 0 TOTAL CONTRACT SVCS. 12,200 CAPITAL OUTLAY 1,000 4,000 46250 Misc Equipment 17,500 16,000 46410 Capital Improvements 181500 20,000 _ 0 DIVISION TOTAL 51,800 53,920 0 40 19984999 City Manager City Council Adjusted Budget Recommended Approved OPERATING EXPENDITURES 9,000 9,230 42126 Utilities 800 800 42210 Maint. of Grounds/Bldgs 9,500 10,030 0 TOTAL OPERATING EXP. CONTRACT SERVICES 4,400 4,400 45300 CS -Community Services 4,400 4,400 0 TOTAL CONTRACT SVCS. CAPITAL OUTLAY 1,000 46250 Misc Equipment 1,000 0 0 DIVISION TOTAL 15,200 14,430 0 41 CITY OF DIAMOND BAR ESTIMATED EXPENDITURES FY 1999-2000 DEPARTMIENT: Community Svcs DIVISION: Summ. ihidge Pk ORGANIZATION #: 0014328 19984999 City Manager City Council Adjusted Budget Recommended Approved OPERATING EXPENDITURES 42125 Telephone 42126 Utilities 23,100 23,700 42210 Maint. of Grounds/Bldgs 6,000. 7,000 TOTAL OPERATING EXP. 29,100 30,700 0 CONTRACT SERVICES 45300 CS -Community Services 24,100 24,540 TOTAL CONTRACT SVCS. 24,100 24,540 0 CAPITAL OUTLAY 46250 Misc Equipment 1,000 1,000 0 0 DIVISION TOTAL 54,200 55,240 0 42 CITY OF DIAMOND BAR ESTIMATED EXPENDITURES FY 1999-2000 Di;PARTMENT: Community Svcs DIVISION: Sycamore CYn Pk ORGANIZATION d: 0014331 1998-1999 City Manager City Council Adjusted Budget Recommended Approved OPERATING EXPENDITURES 42125 Telephone 1,800 1,800 42126 Utilities 13,125 13,460 42210 Maint. of Grounds/Bidgs 44,500 19,000' 0 TOTAL OPERATING EXP. 59,425 34,260 CONTRACT SERVICES 45300 CS -Community Services 18,200 17,500 0 TOTAL CONTRACT SVCS. 18,200 17,500 CAPITAL OUTLAY 46250 Misc Equipment 1,000 0 0 1,000 DIVISION TOTAL 78,625 51,760 0 43 PERSONNEL SERVICES 40010 Salaries 40020 Over -Time Wages 40030 Part -Time Salaries 40070 City Paid Benefits 40080 Retirement 40083 Worker's Comp. Exp. 40085 Medicare 40090 Cafeteria Benefits 109,200 0 TOTAL PERSONNEL SUPPLIES 41200 Operating Supplies TOTAL SUPPLIES 79,150 79,350 31000 2,000 41,050 450 2,250 1,250 18,050 10,500 1,200 1,150 2,350 1,150 24,750 13,800 171,800 109,200 0 40,220 45,000 40,220 45,000 0 OPERATING EXPENDITURES 91,000 42140 Rental/Lease of Real Prop 91,372 450 42325 Meetings 450 400 10,400 42340 Education & Training 22,500 27,500 42353 Anniversary Celebration 114,722 129,350 0 TOTAL OPERATING EXP. PROFESSIONAL SERVICES 3,000 3,000 44100 Commission Compensation 13,580 13,000 44300 Special Studies 16,580 16,000 0 TOTAL PROF SVCS CONTRACT SERVICES 4,010 519,000 45300 CS -Community Svcs 19 19,000 20,000 45305 CS -Concerts in the Park 50,000 50,000 45310 CS -Excursions TOTAL CONTRACT SVCS. 526,010 589,000 0 CAPITAL OUTLAY 46250 Misc Equipment 28,000 0 0 28,000 DIVISION TOTAL 897,332 888,550 0 44 CITY OF DIAMOND BAR ESTIMATED EXPENDITURES FY 1999-2000 PERSONNEL SERVICES 40010 Salaries 40020 Over -Time Wages 40030 Part -Time Salaries 40070 City Paid Benefits 40080 Retirement 40083 Worker's Comp. Exp. 40085 Medicare 40090 Cafeteria Benefits 0 TOTAL PERSONNEL SUPPLIES 41200 Operating Supplies TOTAL SUPPLIES DEPARTMENT Pubiic 1iVo(ks DIVI810N: Summary ORGANIZATION d: Q01-5310 ta:55W 19984999 City Manager City Council Adjusted Budget Recommended Approved 187,950 214,550 0 31000 2,000 0 11,400 11,400 0 2,750 3,050 0 31,150 29,900 0 1,300 1,800 0 3,750 3,350 0 29,850 33,750 0 271,150 299,800 0 2,500 3,000 0 2,500 3,000 0 OPERATING EXPENDITURES 6,500 0 42110 Printing 6,400 1,100 1,100 0 42115 Advertising 50,000 50,000 0 42126 Utilities 600 650 0 42315 Membership & Dues 300 0 42320 Publications 300 1,000 1,000 0 42325 Meetings 2,800 2,800 0 42330 Travel -Conferences 100 100 0 42335 Travel -Mileage & Auto Allow 2,250 0 42340 Education & Training 2,250 500 0 42360 Graffiti Reward Program 500 65,050 65,200 0 TOTAL OPERATING EXP. PROFESSIONAL SERVICES 14 9,500 0 44000 Professional Services 715 3,000 0 44100 Commission Compensation 3,000 5,000 0 44230 Planning -Pavement Mgt 5,000 20,000 0 44240 Prof Svcs -Environmental 10,000 0 0 44520 Engineering 0 32,715 371500 0 TOTAL PROF SVCS CONTRACT SERVICES 28,020 25,000 0 45221 CS - Engineering 36,306 10,000 0 45222 CS - Traffic 111,816 90,000 0 45223 CS - Plan Checking 2,500 2 500 , 0 45224 CS - Soils 1,500 1,500 0 45226 CS - Surveying 163,527 140,000 0 45227 CS -Inspection 46 CITY OF DIAMOND BAR DEPARTMENT: PUNIC: Works ESTIMATED EXPENDITURES DIVISION: Summary FY 1999-2000 ORGANIZATION0:001 -5510 to 5553' 1998-1999 City Manager City Council Adjusted Budget Recommended Approved 45500 CS - Public Wks 0 11,330 0• 45501 CS - Street Sweeping 120,000 120,000 0 45502 CS - Road Maintenance 290,000 300,000 0 45503 CS - Parkway Maint 6,500 6,500 0 45506 CS - Striping & Signing 60,000 90,000 0 45507 CS - Traffic Signal Maint 149,752 150,000 0 45508 CS - Vegetation Control 56,000 56,000 0 45509 CS - Tree Maintenance 90,000 90,000 0 45510 CS - Tree Watering 23,000 23,000 0 45512 CS - Storm Drainage 7,000 7,500 0 45520 CS - Graffiti Removal 35,000 35,000 0 45521 CS - Litter Abatement 10,100 10,100 0 45522 CS - Right of Way Maint 40,000 50,000 0 45530 CS - Industrial Waste 12,000 12,000 0 TOTAL CONTRACT SVCS. 1,243,021 1,230,430 0 CAPITAL OUTLAY 46200 Office Equipment 5,752 1,000 0 46220 Office Equip-Fumiture 3,500 3,500 0 9,252 4,500 0 ALLOCATED COSTS 48500 Alloc. Costs -Redevelopment (55,000) (55,000) 0 DIVISION TOTAL 1,568,688 1,585,430 0 47 CITY OF DIAMOND BAR Department - Public Works • Public Works • Engineering • Traffic & Transportation • Envir Enhancement Pgm • Landscape Maintenance 45 tiw ra ;, -"P-- CITY OF DIAMOND BAR ESTIMATED EXPENDITURES FY 1999-2000 PERSONNEL SERVICES 40010 Salaries 40020 Over -Time Wages 40030 Part -Time Salaries 40070 City Paid Benefits 40080 Retirement 40083 Worker's Comp. Exp. 40085 Medicare 40090 Cafeteria Benefits 45530 TOTAL PERSONNEL SUPPLIES 41200 Operating Supplies TOTAL SUPPLIES OPERATING EXPENDITURES 42110 Printing 42115 Advertising 42126 Utilities 42315 Membership & Dues 42320 Publications 42325 Meetings 42330 Travel -Conferences 42340 Education & Training 45530 TOTAL OPERATING EXP. PROFESSIONAL SERVICES 44000 Professional Services 44230 Planning -Pavement Mgt 44240 Prof Svcs -Environmental 44520 Engineering 45506 TOTAL PROF SVCS CONTRACT SERVICES 45221 CS - Engineering 45227 CS - Inspection 45501 CS - Street Sweeping 45502 CS - Road Maintenance 45506 CS - Striping & Signing 45507 CS - Traffic Signal Maint 45512 CS - Storm Drainage 45522 CS - Right of Way Maint 45530 CS - Industrial Waste 3,000 TOTAL CONTRACT SVCS. DEPAt,RTMENTr> Pubic Works DIVISION: Public Wks Admin ORGANIZATION 1K: 0014510 1998-1999 City Manager City Council Adjusted Budget Recommended Approved 80,000 85,000 3,000 2,000 11,400. 11,400 1,100 1,050 13,700 12,750 600 700 2,150 1,400 11,600 11,600 123,550 125,900 0 2,500 3,000 2,500 3,000 0 2,000 2,000 1,000 1,000 50,000 50,000 250 300 300 300 1,500 1,500 1,500 1,500 56,550 56,600 0 6,500 5,000 5,000 5,000 10,000 20,000 21,500 30,000 12,820 15,000 156,347 130,000 120,000 120,000 290,000 300,000 60,000 90,000 149,752 150,000 7,000 7,500 40,000 50,000 12,000 12,000 847,919 874,500 0 48 CITY OF DIAMOND BAR ESTIMATED EXPENDITURES FY 1999-2000 .. DEPARTMENT: Public Works DIVISION: Public Wks Admin ORGANIZATION it: 001-5510 19984999 City Manager City Council Adjusted Budget Recommended Approved CAPITAL OUTLAY 46200 Office Equipment 5,752 1,000 46220 Office Equip-Fumiture 3,500 3,500 91252 4,500 0 ALLOCATED COSTS 48500 Alloc. Costs -Redevelopment (55,000) (55,000) DIVISION TOTAL 1,006,271 1,039,500 0 49 ( r =N lIF W -W_ 141.. P CITY OF DIAMOND BAR ESTIMATED EXPENDITURES FY 1999-2000 PERSONNEL SERVICES 40010 Salaries 40070 City Paid Benefits 40080 Retirement 40083 Worker's Comp. Exp. 40085 Medicare 40090 Cafeteria Benefits 129,700 0 TOTAL PERSONNEL OPERATING EXPENDITURES 42315 Membership & Dues 42320 Publications 42325 Meetings 42330 Travel -Conferences 42335 Travel -Mileage & Auto Allow 42340 Education & Training TOTAL OPERATING EXP. CONTRACT SERVICES 45221 CS - Engineering 45223 CS - Plan Checking 45224 CS - Soils 45226 CS - Surveying 45227 CS - Inspection TOTAL CONTRACT SVCS. DEPARTMENT: Puc Worcs bli DIVISION: . Engineering ORGANIZATION g: 001=5551 1998-1999 City Manager City Council Adjusted Budget Recommended Approved 75,550 97,150 1,100 1,450 12,200 12,850 500 800 1,100 1,450 12,100 16,000 102,550 129,700 0 250 250 500 500 800 800 100 100 750 750 2,400 2,400 0 15,200 10,000 111,816 90,000 2,500 2,500 1,500 1,500 7,180 10,000 138,196 114,000- 0 DIVISION TOTAL 243,146 246,100 0 50 CITY OF DIAMOND BAR ESTIMATED EXPENDITURES FY 1999-2000 PERSONNEL SERVICES 40010 Salaries 40070 City Paid Benefits 40080 Retirement 40083 Worker's Comp. Exp. 40085 Medicare 40090 Cafeteria Benefits 44,200 0 TOTAL PERSONNEL DERARTMENT: Public Works DIVISION: Traffic & Transprtn`, ORGANIZATION: 001-5553 1998-1998 City Manager City Council Adjusted Budget Recommended Approved 32,400 32,400 550 550 , 5,250 4,300 200 300 500 500 6,150 6,150 45,050 44,200 0 OPERATING EXPENDITURES 42110 Printing 4,400 4,500 42115 Advertising 100 100 42315 Membership & Dues 100 100 42320 Publications 42325 Meetings 500 500 42330 Travel -Conferences 500 500 42340 Education & Training TOTAL OPERATING EXP. 5,600 5,700 0 PROFESSIONAL SERVICES 44000 Professional Services 8,215 4,500 44100 Commission Compensation 3,000 3,000 TOTAL PROF SVCS 11,215 7,500 0 CONTRACT SERVICES 45222 CS - Traffic 36,306 10,000 TOTAL CONTRACT SVCS. 36,306 10,000 0 DIVISION TOTAL 98,171 67,400 0 51 .. -- t• ;per. a'� ' CITY OF DIAMOND BAR ESTIMATED EXPENDITURES FY 1999-2000 DEPARTMENT:' Public Works DIVISION: EnvrmntI Enhncmt' ORGANIZATION #: 0014556 1998-1999 City Manager City Council Adjusted Budget Recommended Approved CONTRACT SERVICES 45500 Contract Services 11,330 0 11,330 0 TOTAL CONTRACT SVCS. DIVISION TOTAL 0 11,330 0 52 U, I D., ? �-�i k, F T CITY OF DIAMOND BAR ESTIMATED EXPENDITURES FY 1999-2000 DEPARTMENT' Publid Works DIVISION ., Landscape Maint ORGANIZATION alk: 001-5558 1998-1999 City Manager City Council Adjusted Budget Recommended Approved OPERATING EXPENDITURES 42360 Graffiti Reward Program 500 500 TOTAL OPERATING EXP. 500 500 0 CONTRACT SERVICES 45503 CS - Parkway Maint 6,500 6,500 45508 CS - Vegetation Control 56,000 56,000 45509 CS - Tree Maintenance 90,000 90,000 45510 CS - Tree Watering 23,000 23,000 45520 CS - Graffiti Removal 35,000 35,000 45521 CS - Litter Abatement 10,100 10,100 TOTAL CONTRACT SVCS. 220,600 220,600 0 DIVISION TOTAL 221,100 221,100 0 53 CITY OF DIAMOND BAR Department - Transfers Out • Transfers Out 54 Djl? - T 4 . I �', -A F CITY OF DIAMOND BAR ESTIMATED EXPENDITURES FY 1999-2000 DEPARTMENT. Transfers -Out DIVISION: Transfers -Out ORGANIYATION#:' 001-8875' 1998-1999 City Manager City Council Adjusted Budget Recommended Approved OPERATING TRANSFERS OUT 49011 Transfer Out-Com'Orgnztn Fd 27,800 12,150 49250 Transfer Out-CIP Fund 199,868 49510 Transfer Out -Self Ins Fund 160,000 160,000 DIVISION TOTAL 387,668 172,150 0 55 1761551N26 SH -40.32H FROM SUBJECT COUNTY OF LOS ANGELES QNER11T'-Q DEPARTMENT OFFICE CORRESPONDENCE DATE: April 29, 1999 FILE NO. RICHARD J. MARTINEZ, CAPTAIN TO: TERRY BELANGER, CITY MANAGER WALNUT REGIONAL STATION CITY OF DIAMOND BAR COMMENDATION V On 04/19/99 at approximately 1330 hours, Community Service Officer (C.S.O.) Devin Kolstad was eastbound on Golden Springs Road approaching Sycamore Canyon Park, 20700 Golden Springs Road in the city of Diamond Bar. He observed a plume of smoke rising from the southeast corner of the park and investigated. Upon closer inspection, he found that a brush fire was rapidly moving from the park to homes located on Golden Prados Road. C.S.O. Kolstad took swift action in contacting Sheriff's Communications Center in requesting L.A. County Fire and Sheriffs Department units in order to contact the affected residents. Deputies Tim Perkins and Mark Erbacker responded to set up a command post. Prior to C.S.O. Kolstad leaving Sycamore Canyon Park, he evacuated the patrons of the park for their safety and then met with Deputies Florentino Madrid and Peter Duran on Golden Prados Road. They quickly shut down traffic in the area and began to evacuate the affected residences. A total of eleven residences were checked, five of which were evacuated. During the evacuation process Deputy Madrid was advised by an unknown resident from the area that an elderly female resident living at 877 Golden Prados may still be inside her home. Deputies Madrid and Duran went to the location. While Deputy Madrid was at the back of the location he saw the residence at 867 Golden Prados had just caught fire and flames were threatening 877 Golden Prados (the location where he was.) Deputy Madrid took swift action by shattering a rear sliding glass door with a lawn chair, and entering the location in an attempt to remove any possible residents. He found none, but did suffer smoke inhalation prior to leaving the location. Deputy Madrid was treated for his injury by L.A. County Fire at the command post and declined being transported to the hospital. L.A. County Fire units along with air support were able to extinguish the fire and a minimal loss of approximately $25,000.00 was sustained by two residents. The fire was determined to be of suspicious origin. There was no loss of life and this I believe was due to the swift actions of the Diamond Bar team members. I am forwarding this information to you for use in recognition purposes. 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CLO F•�I a con C> 0- a� c cn X In To: From: THE INTERNATIONAL YEAR OF THE OLDER PERSONS 1999 "TowardsA SodetyForAI]Ages" March 30, 1999 The Aging Network Marvin Schachter, President LA County AAA Advisory Council Christopher Valente, President LA County Commission on Aging Subject: INTERNATIONAL YEAR OF OLDER PERSONS 1999 (IYOP) As you know, we celebrate May as "Older Americans Recognition Month." In 1999, this important event has special significance because it is taking place during the "International year of Older Persons 1999." Events marking IYOP will take place until the very end of 1999, but Senior Month provides us with a very appropriate opportunity to focus on both the senior community and the general public on the importance of IYOP, and most especially, of its theme, "Towards A Society For All Ages." As Co -Chairs of the Los Angeles County Steering Committee for IYOP, we would like to urge you to consider the following activities: 1. Integrate the International Year of Older Persons into whatever activities you are planning for Older Americans Recognition Month. Posters and banners saying, "The International Year of 011der Persons 1999, Towards A Society For All Ages", should be part of the decorations for May events. 2. When City Councils are approached for proclamations about Senior month, IYOP should be mentioned. (Note: attached is a model resolution that could be adapted for your own City). 3. IYOP is being observed throughout the world. It is a wonderful opportunity to emphasize multi -cultural activities, and the rich diversity of Los Angeles, in your May activities. 4. Senior month gives us a good opportunity to honor, in the spirit of, °Towards A Society Far AH Ages" both seniors who have made special contributions to the general community, and organizations or individuals who have helped make the lives of older folks better. (A City Council meeting might be a good place to do this). If you need a speaker for any local event, we might be to help. Please call (213) 738-2947 or (213) 625-5008. Attachment 13,OWM!I � N BOARD RESOLUTION OLDER AMERICANS MONTH WHEREAS, for the past thirty three years the month of May has been proclaimed Older Americans Month; and WHEREAS, the theme for this year's program is "TOWARDS A SOCIETY FOR ALL AGES"; and WHEREAS, our older residents reinvest their resources in their communities through sharing their wisdom, talents and time with others; and WHEREAS, these older volunteers work with our youth, assist the homeless, support food pantries, visit shut-ins, advocate on behalf of nursing home patients, deliver and serve meals to the elderly, provide transportation to the frail and work in community hospitals; and WHEREAS, through these activities and others, our older population continues to demonstrate the commitment to enhancing the quality of life for us; NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Los Angeles that the month of May is declared Older Americans Month, and Thursday, May Day and all residents are urged 20, 1999 is designated as Older Americans Recognition to participate in appropriate ceremonies honoring these men and women. WO I CITY OF DIAMOND BAR INTEROFFICE MEMORANDUM TO: Mayor Pro Tem O'Connor and Councilmember Herrera FROM: Linda G. Magnuson, Finance Director SUBJECT: Voucher Register, May 18, 1999 DATE: May 12, 1999 Attached is the Voucher Register dated May 18, 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. CITY OF DIAMOND BAR VOUCHER REGISTER AP'P'ROVAL_ The attached listing of vouchers dated May 1:, 1999 have been reviewed, approved, and recommended for payment. Payments are hereby allowed from the following funds in these amounts FUND DESCRIPTION PREPAID VOUCHERS TOTAL_ 001 GENERAL FUND 1 i � 1 , 'Sj'?8 . 76 430,520.71 53-22,51'=1.47 11.2 PROP A - TRANSIT FUND .QQ 19,082'. 29 19,`•-x` 2.29 115 INTEGRATED WASTE MGT FUND .00 � :_ , .3: 4.44 11.3 AIR QLT Y I MPR FD (AB2766) . 00 321 .69- ::-1 .69 125 COM DEV BLF-:. GRANT FUND .00 .s7 . 18 =7 . ir, -;,().5121.. c 126 CITIZENS OFT -PUBLIC SFTY Q0.00 2+'' 2'. 35 1,767.11 138 LLAD #38 FUND .00 ii � 1,767.l1 1,003.25 1,f. 0 .25 139 LLAD #39 FUND .00 �i ► 6,584.62 6,584.62 141 50 LLAD #41 FUND CAPITAL IMPROV/PROD FUND .00 .00 13,401.10 1:_,401.10) REPORT FOR AL..L. FUNDS APPROVED BY: 41 -.*dA G. 1141n iUSon Finance Director Terrence L. Belanger City i Tanager 102, 088. 76 480,,.-'39.74 582 , 4:c:" .5 o J� le V Deborah H. 0,'Connur Mayor Pro Tem Carol Herrera Count i 1 member CARLOS ACOSTA 001-23002-- 49088 REFUND PARK.. SECURITY DEP. 50.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 50.00 TOTAL DUE VENDOR 50'00 ADAPT CONSULTING INC 1155515-41400-- 8644 12115/0'1 PROMOTIONAL SUPPLIES 1,4bb.700 TOTAL PREPAIDS TOTAL VOUCHERS 1,466.78 n TOTAL WE VENDOR 1,466. a AIRTOUCH PAGING Q014440-41125-- LA45$9418 PH.SVCS-MNTHLY ACCESS 16.13 TOTAL PREPAIDS .00 TOTAL VOUCHERS 16.13 TOTAL DUE VENDOR 16.13 ARMENTROUT CONSULTANTS EMERGENCY SVCS PLNN-APRIL 610.00 0014440-44040-- 7771 APRIL 99 .00 TOTAL PREPAIDS TOTAL VOUCHERS 610.00 TOTAL DUE VENDOR 610.00 CITY OF DIAMOND BAR RUN DATE: 05/12/1999 16'05:12 VAR REGISTER PAGE: 1 DUE THRU: 05/18/1999 PREPAID FUNDISECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE DECK A-1 EQUIPMENT RENTALS 8650 EQUIP FOR ANNIVSRY CELEB 3,143.94 _ 0015.,''50-42353-- 8448,18 1 -36?: -1-03 RENTAL TRUCK -SENIOR FOOD 47.18 1255215-42130-- TOTAL PREPAIDS TOTAL VOUCHERS 3,196.1: TOTAL DUE VENDOR 3,196.12 ACCURATE LANDSCAPE 801 7 1301 PAPER SUPPLS-PARKS 364.00 0015310-41200-- 8278/DPEN ADDNL MAINT-HERITAGE APR x•99 0015313-42210-- 8278/OPEN ADDNL MAINT-DIST.#41 APR 148.73 1415541-42210-- 8278/OPEN ADDNL MAINT-MAPLE HL APR 42.08 0015316-42x'10-- 8278(OPEN ADDNL MAINT-k REAM APR 76.51 0015322-42110-_ 8278/OPEN PAPER SUPPLS - PARKS 364.00 0015310-41200-- 82781OPEN ADDNL MAINT-SUMMTRDG APR 149.25 0015318-41210-- ADDNL MAINT-DIST.#38 APR 759.49 1385518-42,210--8278/OPEN 8278/OPEN ADDNL MAINT-DIST.#39 APR 99.08 1395539-42210-- 8278/OPEN ADDNL MAINT-PETERSON APR 129.72 001531.9-42210-- TOTAL PREPAIDS .00 TOTAL VOUCHERS 2,737.85 TOTAL DUE VENDOR 2,737.85 CARLOS ACOSTA 001-23002-- 49088 REFUND PARK.. SECURITY DEP. 50.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 50.00 TOTAL DUE VENDOR 50'00 ADAPT CONSULTING INC 1155515-41400-- 8644 12115/0'1 PROMOTIONAL SUPPLIES 1,4bb.700 TOTAL PREPAIDS TOTAL VOUCHERS 1,466.78 n TOTAL WE VENDOR 1,466. a AIRTOUCH PAGING Q014440-41125-- LA45$9418 PH.SVCS-MNTHLY ACCESS 16.13 TOTAL PREPAIDS .00 TOTAL VOUCHERS 16.13 TOTAL DUE VENDOR 16.13 ARMENTROUT CONSULTANTS EMERGENCY SVCS PLNN-APRIL 610.00 0014440-44040-- 7771 APRIL 99 .00 TOTAL PREPAIDS TOTAL VOUCHERS 610.00 TOTAL DUE VENDOR 610.00 CITY OF DIAMOND BAR RUN DATE: 05/12/1999 16:05:12 VOUCHER REGISTER PAGE: 2 DUE THRU. 05/18/1999 FUND/SECT-ACCT-PROJECT-ACCT PO 4 INVOICE DESCRIPTION PREPAID AMOUNT DATE CHECK AT&T 0014030-42125-- PH.SVCS-CITY MANAGER 99.43 0014090-42125-- PH -SVCS -GENERAL GOV'T 55.54 0014415-42125-- PH.SVCS-VOLUNTEER PATROL 83.47 0014090-42125-- PHONE SERVICES 112.00 1264411-42125-- PH.SVCS-SHERIFF 266.40 0014010-42125-- PH.SVCS-CITY COUNCIL 39.81 TOTAL PREPAIDS .Q0 TOTAL VOUCHERS 656.65 TOTAL DUE VENDOR 656.65 AXON COMPUTERS 1264411-46230-- 8708 80088689 COMP EQ -SHERIFF 108.25 TOTAL PREPAIDS .00 TOTAL VOUCHERS 108.25 TOTAL DUE VENDOR 108.25 BATTERY SALES UNLIMITED 0014440-41300-- 2412 3918 REPLCMT EQUIP-EMER PRP 129.79 TOTAL PREPAIDS .G0 TOTAL VOUCHERS 129.79 TOTAL DUE VENDOR 129.79 PAULA BLOCK 001-34780-- 30794 RECREATION REFUND 49.W TOTAL PREPAIDS .00 TOTAL VOUCHERS 49.00 TOTAL DUE VENDOR 49.00 MICHAEL BRANDMAN ASSOCIATES INC 001-23010-- 0399-3861 PROF.SVCS - FPL 93-006 621.66 TOTAL PREPAIDS .00 TOTAL VOUCHERS 621.66 TOTAL DUE VENDOR 621.66 CASTLE ROCK ELEMENTARY 0015350-42353-- CARNIVAL RIDE PROCEEDS 274.70 TOTAL PREPAIDS .00 TOTAL VOUCHERS 274.70 TOTAL DUE VENDOR 274.70 GERARD CHAN 001-34780-- 30469 RECREATION REFUND 40.00 TOTAL PREPAIDS ,W TOTAL VOUCHERS 40.00 TOTAL DUE VENDOR 40.00 EVELYN CHEHABI 001-34780-- 31018 RECREATION REFUND 50.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 50.00 TOTAL DUE VENDOR 50.00 VICI:Y CHEN 001-34740-- 30514 RECREATION REFUND 59.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 59.00 TOTAL DUE VENDOR 59.00 CINTAS CORPORATION 0015310-42130-- 7539 150221522 MAINT.STAFF UNIFORMS 5/3 19.47 0015310-42130-- 7539 150220313 MAINT STAFF UNIFORMS -4/26 19.47 TOTAL PREPAIDS .00 TOTAL VOUCHERS 38.94 TOTAL DUE VENDOR 38.94 CIRCUIT CITY SERVICE 001-23002-- 49593 REFUND PARK SECURITY DEP. 50.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 50.00 TOTAL DUE VENDOR 50.00 MARYLU CLUTE 001-34780-- 30608 RECREATION REFUND 16.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 16.00 TOTAL DUE VENDOR 16.00 CITY OF DIAMOND BAR RUN DATE: 05/12/1999 16:05:12 VOUCHER REGISTER PAGE: 3 DUE THRU: 05/18/1999 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PD M INVOICE DESCRIPTION AMOUNT DATE CHECK CHARLES ABBOTT ASSOCIATES INC 0015510-45227-- 205 PROF.SVCS-GRAD INSPXN 112.50 001-23012-- 201 PROF.SVCS-EN 96-151 42.50 0015510-45502-- 8469 049-445 PROF.SVCS-ASPHALT NK: COMP 40,785.00 0015510-45227-- 8161 197 PROF.SVCS-INSPECTION 95.00 0015551-45223-- 8372 189 PROF.SVCS-ENG.GRDNG PLN 383.57 0015551-45223-- 8100 191 PROF.SVCS - GRDNG PLAN CK 664.05 0015510-45227-- 8368 213 PROF.SVCS - GRDNG INSPECT 114.75 0015510-45227-- 8368 214 PROF.SVCS-INSPECTION 116.00 0015510-45227-- 8328 204 PROF.SVCS-GRDNG PLN CK 1,907.03 001-23012-- 215 PROF.SVCS - EN 96-151 1,491.75 0015510-45227-- 8259 212 PROF.SVCS - PLAN CHECK 2,295.00 0015551-45223-- 8100 192 PROF.SVCS-ENG. INSPECTION 127.50 0015510-45227-- C7325 207 PROF.SVCS- INSPECTION 534.37 0015510-45227-- 6,259 203 PROF.SVCS-EN 96-151 127.50 0015551-45223-- 8345 198 PROF.SVCS-GRDNG PLAN 864.72 0015551-45223-- 8335 199 PROF.SVCS-ENGNRNG PLAN CK 27,957.12 0015510-45227-- C7234 206 PROF.SVCS-SOUtNALL INSPC 78.37 0015510-45227-- C7384 209 PROF.SVCS- IINSPECTION 562.50 TOTAL PREPAIDS .00 TOTAL VOUCHERS 78,259.23 TOTAL DUE VENDOR 78,259.- EVELYN CHEHABI 001-34780-- 31018 RECREATION REFUND 50.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 50.00 TOTAL DUE VENDOR 50.00 VICI:Y CHEN 001-34740-- 30514 RECREATION REFUND 59.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 59.00 TOTAL DUE VENDOR 59.00 CINTAS CORPORATION 0015310-42130-- 7539 150221522 MAINT.STAFF UNIFORMS 5/3 19.47 0015310-42130-- 7539 150220313 MAINT STAFF UNIFORMS -4/26 19.47 TOTAL PREPAIDS .00 TOTAL VOUCHERS 38.94 TOTAL DUE VENDOR 38.94 CIRCUIT CITY SERVICE 001-23002-- 49593 REFUND PARK SECURITY DEP. 50.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 50.00 TOTAL DUE VENDOR 50.00 MARYLU CLUTE 001-34780-- 30608 RECREATION REFUND 16.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 16.00 TOTAL DUE VENDOR 16.00 CITY OF DIAMOND BAR RUN DATE: 05/12/1999 16:05:12 VOUCHER REGISTER PAGE: 4 DUE THRU: 05/18/1999 FUND/SECT-ACCT-PRDJECT-ACCT PO # INVOICE DESCRIPTION AKW PREPAID DATE CHECK COMMUNITY INDUSTRIES 0015558-45521-- 7545 LITTER ABATEMT - APRIL 99 839.44 TOTAL PREPAIDS .00 TOTAL VOUCHERS 839.44 TOTAL DUE VENDOR 839,44 COMPCARE MEDICAL GROUP 0014090-42345-- PRE-EMPLY PHYSCL-MARQUEZ 24.00 TOTAL PREPAIDS ,00 TOTAL VOUCHERS 24,0 TOTAL DUE VENDOR 24.00 CONVERSE CONSULTANTS WEST 001-23012-- 332906 PROF.SVCS - EN 97-198 580.50 TOTAL PREPAIDS .00 TOTAL VOUCHERS 580.50 TOTAL DUE VENDOR. 580.50 FAYE COUSIN 001-34780-- 30418 RECREATION REFUND 70.00 TOTAL PREPAIDS .(K) TOTAL VOUCHERS 70.00 TOTAL DUE VENDOR 70.G0 CROWN GRAPHICS 0015210-41200-- 8611 34505 PLNN COMM NAMEPLATES 21.55 TOTAL PREPAIDS .00 TOTAL VOUCHERS 21.55 TOTAL DUE VENDOR 21.55 DAVID EVANS AND ASSOCIATES 2505310-46415-11798-46415 14 ADA RETROFIT -HERITAGE PK 1,509.60 2505310-46415-11798-46415 14 ADA RETROFIT -R REAGAN PK 1,509.60 TOTAL PREPAIDS ,DO TOTAL VOUCHERS 3,019.20 TOTAL DUE VENDOR 3,019.20 DAY & NITE COPY CENTER 0015210-42110-- 21384 PRTG-SUBDIVISION ORDINANC 106.30 TOTAL PREPAIDS ,00 TOTAL VOUCHERS 106.30 TOTAL DUE VENDOR 106,30 DAWN DEINES 001"0,4780-- 30749 RECREATION REFUND 80.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 80.00 TOTAL DUE VENDOR 80.00 DELTA CARE PMI 001-21104-- MAY MAY DENTAL PREMIUMS 227.88 05/18/1999 35406 TOTAL PREPAIDS 227,88 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 227.88 CITY OF DIAMOND BAR RUN DATE: 05/12/1999 16:05:12 VOUCHER REGISTER PAGE: 5 DUE THRU: 05/18/1999 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK DELTA DENTAL 001-21104-- MAY MAY DENTAL PREMIUMS 1,497.97 05/18/1999 35405 TOTAL PREPAIDS 1,497.97 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 1,497.97 CAROL DENNIS 0015210-44000-- 7757 FC0427 PROF.SVCS-PLNG COMM 200.00 0015210-44000-- 7757 ADR0413 PROF.SVCS - ?LNG COMM 10.00 0015210-44000-- 7757 PC0413 PROF.SVCS - PLNG COMM 60.00 0015350-443(K)-- 7757 PRR0225/0325 P&R MTG 2/25,CC T FRC4/14 300.00 0015210-44000-- 7757 ADR0421&27 PROF.SVCS-PLNG COMM 40.00 TOTAL PREPAIDS .(K) TOTAL VOUCHERS 610.00 TOTAL DUE VENDOR 610.00 DEWAN LUNDIN & ASSOCIATES 0015510-45227-- 8538 DBO19-01 PROF.SVCS-INSPCTN SVCS 3,738.00 TOTAL PP.EPAIDS .00 TOTAL VOUCHERS 3,738.00 TOTAL DUE VENDOR 3,738.00 DIAMOND BAR BREAKFAST LIONS CLUB 0015350-42353-- CARNIVAL RIDE PROCEEDS 274.70 TOTAL PREPAIDS .00 TOTAL VOUCHERS 274.70 TOTAL DUE VENDOR 274.70 DIAMOND BAR GOLF CLUB 0014415-42325-- 8703 COM.VLNTR PRTL ANNL-4130 1,663.63 05/18/1999 35400 TOTAL PREPAIDS 1,663.63 TOTAL VOUCHERS .00 TOTAL. DUE VENDOR 1,663.63 DIAMOND BAR HIGH SCHOOL 0015:350-42353-- CARNIVAL RIDE PROCEEDS 274.70 TOTAL PREPAIDS .00 TOTAL VOUCHERS 274.70 TOTAL DUE VENDOR 274.70 DIAMOND BAR HILLS CLUB 0015350-42140-- 7926 91911 FACILITY RENTAL 9-10/98 1,732.50 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,732.50 TOTAL DUE VENDOR 1,732.50 DIAMOND BAR HOCKEY 0015350-42353-- CARNIVAL RIDE PROCEEDS 274.70 TOTAL PREPAIDS 100 TOTAL VOUCHERS 274.70 TOTAL DUE VENDOR 274.70 CITY OF DIAMOND BAR RUN DATE: 05/12/1999 16:05:12 VOUCHER REGISTER PAGE: 6 DUE THRU: 05/18/1999 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOLINT DATE CHECK DIAMOND BAR INTERNATIONAL DELI 0014090-42325-- 8248 510 REDEV. COMM MTG 4/23/99 30.91 TOTAL PREPAIDS .00 ' TOTAL VOUCHERS 30.91 TOTAL DUE VENDOR 30.91 DIAMOND BAR POP WARNER 0015350-42353-- CARNIVAL RIDE PROCEEDS 274.70 TOTAL PREPAIDS 1 .00 TOTAL VOUCHERS 274.70 TOTAL DUE VENDOR 274.70 DIAMOND PHOTO 0014095-42112-- 196846-9 PHOTO BEVEL. 82.24 TOTAL PREPAIDS .00 TOTAL VOUCHERS 82.24 TOTAL DUE VENDOR 82.24 DIANA CHO & ASSOCIATES 1255215-44000-- 7497 CDBG CNTRCT COMPLNCE SVCS 825.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 825.00 TOTAL DUE VENDOR 825.00 DIVERSIFIED PARATRANSIT INC 1125553-45529-- 7671 5/3/99 DIAMOND RIDE -4/1-4/15/99 10,077.21 TOTAL PREPAIDS .00 TOTAL VOUCHERS 10,077.21 TOTAL DUE VENDOR 10,077.21 FEDERAL EXPRESS 001-23010-- 760323174 EXPRESS MAIL -FPL 99-002 72.75 0014090-42120-- 760323174 EXPRESS MAIL -GENERAL GOVT 109.75 001-x:'•010=- 760323174 EXPRESS MAIL -FPL 98-051 48.75 0014090-421120-- 760303685 EXPRESS MAIL -GENERAL 66.00 001-23010-- 760277568 EXPRESS MAIL -FPL 98-059 25.50 00L4090-42120-- 7602355934 EXPRESS MAIL -GENERAL 128.25 0014090-42120-- 760277568 EXPRESS MAIL -GENERAL GOVT 157.75 TOTAL PREPAIDS .00 TOTAL VOUCHERS 608.75 TOTAL DUE VENIOR 608.75 FEDERAL RESERVE BANK OF MINNEAPOLIS 001-21114-- PFJ -9 PAYROLL DEDUC-SAVGS BOND 50.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 50.00 TOTAL DUE VENDOR 50.00 NANCY FERNANDEZ 001-34740-- 31138 RECREATION REFUND 177.50 TOTAL PREPAIDS .00 TOTAL VOUCHERS 177.50 TOTAL DUE VENDOR 177.50 CITY OF DIAMOND BAR RUN DATE: 05/12/1999 16:05:12 VOUCHER REGISTER PAGE: 7 DUE THRU: 05/18/1999 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK CARLITO FIGUEROA, 001-230x2-- 49584 REFUND PARK,SECURITY DEP. 50.00 TOTAL-REPAIDS .00 TOTAL VOUCHERS 50.00 TOTAL DUE VENDOR 50.00 AL FLORES 0015210-42340--' REIMB.CCEC WRKSHP-5/6-7 230.83 TOTAL PREPAIDS •00 TOTAL VOUCHERS 230.83 TOTAL DUE VENDOR 230.8.3 FOOD SYSTEMS INC. 0014090-42325-- 8249 16617 CC TSK FRC MTG-4/21/99 171.58 TOTAL PREPAIDS .00 TOTAL VOUCHERS 171.58 TOTAL DUE VENDOR 171.58 FOOTHILL TRANSIT ZONE 1125553-45533-- 8660 9579 FTHILL TRNST PASSES -APRIL 1,204.28 1125553-45535-- 8660 ?579 FTHILL TRNST PASSES -APRIL 5,434.40 TOTAL PREPAIDS .00 TOTAL VOUCHER'S 6,638.68 TOTAL DUE VENDOR 6,638.6$ RAY FORREST 001-347:30-- 49564 REFUND PALM SPRNGS EXCRSN 79.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 79.00 TOTAL DUE VENDOR 79.00 FRAME WORKS 0014090-41200-- 3980 SUPPLS-CERTIFICATE FRMNG 63.33 TOTAL PREPAIDS .00 TOTAL VOUCHERS 63i33 TOTAL DUE VENDOR E3.33 MELINDA K FRANCE 001-23002-- 49581 REFUND PARK SECURITY DEP. 50.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 50.00 TOTAL DUE VENDOR 50.00 FUTURE CONCEPTS INTERNET SOLUTION'S 1264411-44000-- 851` INTERNET HOME PAGE MAINT 500.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 500.00 TOTAL DUE VENDOR 500.00 GANESHA HIGH SCHOOL ASE 0015350-42353-- ANNIV CONCSSNS STAFF 3.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 3.00 TOTAL DUE VENDOR 3.00 CITY OF DIAMOND BAR RUN DATE: 05/12/1999 16:05:12 VOUCHER REGISTER PAGE: 8 DUE THRU: 05/18/1999 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK GFB FRIEDRICH & ASSOCIATES INC 1385538-44000-- 8386 9940-2 LNDSCPE ASSESSMT-DIST.38 904.17 1415541-44000-- 8-386 9940-2 LNDSCPE ASSESSMT-DIST.41 904.16 1395539-44000-- 8:386 9940-2 LNDSCPE ASSESSMT-DIST.39 904.17 TOTAL PREPAIDS .00 TOTAL VOUCHERS 2,712.50 TOTAL DUE VENDOR 2,712.50 GIRL SCOUT TROOP 2107 0015:350-42353-- CARNIVAL RIDE PROCEEDS 274.70 TOTAL PREPAIDS .00 TOTAL VOUCHERS 274.70 TOTAL DUE VENDOR 274.70 GRAFFITI CONTROL SYSTEMS 0015558-45520-- 7546 BB0499 GRAFFITI REMVL-APRIL 99 2,460.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 2,460.00 TOTAL DUE VENDOR 2,460.00 GRAND MOBIL 0014090-422fn)-- 17305 TIRE REPAIR ON CITY VAN 8.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 8.00 TOTAL DUE VENDOR 8.00 GRAPHICS UNITED 115515-41400-- 8641 9122;19' EARTH DAY POST CARDS 1,296.12 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,296.12 TOTAL DUE VENDOR 1,296.12 GTE CALIFORNIA 0015331-42125-- PH.SVCS-SYC CYN PARK 53.26 0015322-42125-- PH.SVCS-RONALD REAGAN 89.06 1.185098-42125-- 9093964035 PH.SVCS-BBS MODEM 98.31 0014040-42125-- 90986(X)368 PH.SVCS-MODEM CCLK 34.55 1185098-42125-- PH. SVCS -CITY ON LINE 153.38 0014090-42125-- 9091973128 PH.SVCS-GENERAL GOVT 2,300.21 0014090-42125-- 9098603195 PH.SVCS - BLDG & SFTY 41.71 0015316-42125-- PH.SVCS-MAPLE HILL PARK 44.02 0014090-42125-- PH. SVCS -GENERAL GOVT 49.26 0014010-42125-- 9096120740 PH.SVCS-MODEM C CNCL 21.01 TOTAL PREPAIDS .00 TOTAL VOUCHERS 2,884.77 TOTAL DUE VENDOR 2,884.77 ANNE HARAKSIN 0014090-42325-- 8720 REIMB.-LANTERMAN TSK: FRC 77.00 0014090-42320-- REIMB-LANTERMAN TSK FRC 57.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 134.00 TOTAL DUE VENDOR 134.00 RUN DATE: 05/12/1999 16:05:12 FUND/SECT-ACCT-PROJECT-ACCT HERITAGE PARK RECREATION COUNCIL 0015350-47353-- HIGHPOINT 0014095-42111-- FELICIA HUMPHREY 001-34780-- ICMA RETIREMENT -401 001 -21108 -- 001 -21108 -- 0014030 -40080 -- IMPRESSIVE SCREENWORKS (#)15350 -41200 -- INLAND EMPIRE STAGES 0015350 -45310 -- 1125360 -45310 -- INLAND VALLEY DAILY BULLETIN 001 -23010 -- DEPT OF TREASURY 001 -:1103 -- CITY OF DIAMOND BAR VOUCHER REGISTER PAGE: 9 DUE THRU: 05/18/1999 PREPAID PO N INVOICE DESCRIPTION AMOUNT DATE CHECK CARNIVAL RIDE PROCEEDS TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR 65399 DIGITAL PREPRES$ SVCS TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR 29887 RECREATION REFUND TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR MAY MAY-CONTRIB-ALL DEPTS MAY MAY -PAYROLL DEDUCTIONS MAY MAY -CONTRACT CONTRIB TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR 8594 5642 SUPPLIES - TRACK MEET TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR 8:394 ADLT EXCRSN-VINO & CASINO 8394 TRNSPRTATN & EXCRSN TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR P08457 LEGAL AD -FPL 98-006 TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR IST OTR99 ADDL SS TAX 01/1-03/31/99 TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR 274.70 .00 274.70 274.70 21.65 .OU 21.65 21.65 30.00 .00 30.00 30.00 12,184.24 05/18/1999 35411 2,406.00 05/18/1999 35411 400.00 05/18/1999 35411 14,990.24 .00 14,990.24 1,398.06 .00 1,398.06 1,398.06 347.60 566.40 .00 914.00 914.00 119.93 .00 119.93 119.93 52.22 05/18/1999 35408 52.22 .00 52.22 PAGE' 10 PREPAID DATE CHECK 1,505.85 .00 1,505.85 1,505.$5 40.00 .00 40.00 40.00 119.60 .00 119.60 119.60 40.00 .DO 40.00 40.00 49.00 .00 49.00 49.00 1,061.54 .00 1,061.54 1,061.54 18.50 .00 18.50 18.50 40.00 .00 40.00 40.00 40.00 .00 40.00 40.00 CITY OF DIAMOND BAR RUN DATE: 05/12/1999 1605:12 VOLX;HER REGISTER DUE THRU: 05/18/1999 FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOM INTOXIMETERS INC $565 9900$223 EQUIP-5HERIFF'S DEPT. 1264411-46250-- TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR FRANCISCO JARANILLA 30483 RECREATION REFUND 001-34780-- TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR JOBS AVAILABLE 903047 LEGAL AD -ACCOUNTANT II 0014090-42115--$707 TOTAL. PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR EVELYN JOHNSON 30774 RECREATION REFUND UU1-34780-- TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR PEING KAN 31019 RECREATION REFUND 001-347$0-- TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR KAR BORU 1155515 -4140u -USED OIL -41400 A�F,43 7/ 20/01 PROMOTIONAL -OIL MAT TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR MARLENE KELLEk RECREATION REFUND 001-34780--31192 TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR HAERA KiM 30471 RECREATION REFUND 001-347$0-- TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR JI YOUNG KIM fiECREATION REFUND 001-34780--x.0362 TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR PAGE' 10 PREPAID DATE CHECK 1,505.85 .00 1,505.85 1,505.$5 40.00 .00 40.00 40.00 119.60 .00 119.60 119.60 40.00 .DO 40.00 40.00 49.00 .00 49.00 49.00 1,061.54 .00 1,061.54 1,061.54 18.50 .00 18.50 18.50 40.00 .00 40.00 40.00 40.00 .00 40.00 40.00 CITY OF DIAMOND BAR VOUCl�R REGISTER PAGE I1 RUN DATE: 05/12/1999 16:05:12 DUE THRU; 05/18/1999 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO 4 INVOICE DESCRIPTION AhgUNT DATE CHECK SHAWIN KIM 30226 RECREATION REFUND 36.00 001-34740-- TOTAL PREPAIDS '00 TOTAL VOUCHERS 36'00 TOTAL DUE VENDOR 36'00 DOROTA MAN 1'9993 RECREATION REFUND 40.00 001-34780-- TOTAL PREPAIDS .00 TOTAL VOUCHERS 40.00 TOTAL DUE VENDOR 40.00 PENNY L KRAUTDAUER 30399 RECREATION REFUND 35.00 001-347830-- TOTAL PREPAIDS '00 TOTAL VOUCHERS 35'00 TOTAL DUE VENDOR 35.00 PATRICIA A KUBO 30364 RECREATION REFUND 80.00 001-34780-- TOTAL PREPAIDS .40 TOTAL VOUCHERS 80.00 TOTAL DUE VENDOR 80.00 GEORGE KUO pLN COMM.3/9-3/23,4/13,27 240.00 0015210-44100-- TOTAL PREPAIDS '00 TOTAL VOUCHERS 240.00 TOTAL DUE VENDOR 240.00 LAND -S' END 23834 SUPPLIES -CD ENFRCMT OFFCR 199.95 X)15210-41200-- TOTAL PREPAIDS .0075LJV.00 TOTAL VOUCHERS 199.95 TOTAL DUE VENDOR 199.95 LEAGUE OF CA CITIES CA MULAW HDBK 99 150.00 0014030-423220-- 8h5 GNkt MEMBRSHP-M�YR,NICIPAL CMBR CH 48.00 05/18/1999 35403 0014010-422325-- TOTAL PREPAIDS 48.00 TOTAL VOUCHERS 150,00 TOTAL DUE VENDOR 198.00 ANN LEE :8421' RECREATION REFUND 59.0 0i�1-:�4T40-- TOTAL PREPAIDS .UO TOTAL VOUCHERS 59.00 59.x[] TOTAL DUE VENDOR CITY OF DIAMOND BAR RUN DATE: 05/12/1999 16:05:12 VOUCHER REGISTER PAGE 12 DUE THRU: 05/18/1999 PREPAID FUND/SECT-ACCT-PRGXCT-ACCT PO # INVOICE DESCRIPTION SIT DATE CHECK LEIGHTON & ASSOCIATES LEI4007221 PROF.SVCS - EN 96-157 310.00 2-- 001-23012-- LEI000723i pROF.SVCS - EN 96-140 272.50 001-3012-- , LEI0007247 PROF.SVCS - EN 98-228 295.00 001-:'.3012-- TOTAL PREPAIDS •00 TOTAL VOUCHERS 877.50 TOTAL DUE VENDOR 877.50 TIMAI LI 31224 RECREATION REFUND 14.50 p01-34780__ TOTAL PREPAIDS '00 TOTAL VOUCHERS 14.50 TOTAL DUE VENDOR 14.50 GEOFFREY LIM ^00630 RECREATION REFUND 40,00 001-3478u-- TOTAL PREPAIDS ,00 TOTAL VOUCHERS 40.00 TOTAL DUE VENDOR 40.00 CONNIE LOCKS 30768 RECREATION REFUND 24.00 001-:14780-- TOTAL PREPAIDS 'W TOTAL VOUCHERS 24.00 TOTAL DUE VENDOR 24.00 LOS ANGELES COUNTY - MTA 8646 17233 LACMTA - TOKENS 1 BGU.GO , 112=,x553-45533-- TOTAL PREPAIDS '00 TOTAL VOUCHERS 1,8v).00 TOTAL DUE VENDOR 1,800.00 LOS ANGELES COUNTY PUBLIC WORKS 6044 ROUTINE MAINT-GRAND/GS 754.03 0015510-45507-- 8484 8484 2166 ROUTINE MAINT - MARCH 99 3,215.99 0015510-45507-- 8484 5401 ROUTINE MAINT - MARCH 99 x•29 0015510-4554',-- 7865 6045 INDSTL WASTE MAINT 463.88 0015510-45531-- 7532 IWW99-06046 SUMP PUMP MAINT-MARCH 99 x.00 0015331-45300-- TOTAL PREPAIDS TOTAL VOUCHERS 4,880.20 TOTAL DUE VENDOR 4,880.20 LOS ANGELES COUNTY SHERIFF'S DEPT 14019 MAR -CONTRACT SVCS 304,264.74 0014411-45401-- TOTAL PREPAIDS •00 TOTAL VOUCHERS 304,264.74 TOTAL DUE VENDOR 304,264.74 MAGNU5 INTERNATIONAL 7684 102092 PRINT SVCS-BUSINSS CRDS 100.00 0014090-42110-- TOTAL PREPAIDS TOTAL VOUCHERS 100.00 TOTAL DUE VENDOR 100.00 CITY OF DIAMOND BAR RUN DATE: 05/12/1999 16:05:12 VOUCHER REGISTER PAGE: 13 DUE THRU: 05/18/1999 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO INVOICE DESCRIPTION AMOUNT DATE CHECK ROSE MANELA 0015510-42340-- TUITION/EXAM REIMB. 350.00 TOTAL REPAIRS .00 TOTAL VOUCHERS 350.00 TOTAL DUE VENDOR 350.00 JOE MCMANUS 0015210-4410}--' PLN COMM.3/9-3/23,4/13,27 240.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 240.00 TOTAL DUE VENDOR 240.00 VIJAY MEHTA 001-34780-- 30378 RECREATION REFUND 40.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 40.00 TOTAL DUE VENDOR 40.00 LUCY Y MIRANDA 001-3478Q-- 31111 RECREATION REFUND 25.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 25.00 TOTAL DUE VENDOR r5.00 KUMUD V MISTRY 001-34780-- 30572 RECREATION REFUND 49.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 49.00 TOTAL DUE VENDOR 49.00 MOBILE MODULAR MANAGEMENT GROUP 0015350-42140-- 8117 102100 RNTAL-PRTBLE BULDNG SYC C 460.06 TOTAL PREPAIDS .00 TOTAL VOUCHERS 460.06 TOTAL DUE VENDOR 460.06 MT. BALDY UNITED WAY 001-21113-- pp -11-9 PAYROLL DEDUCTIONS 123.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 123.00 TOTAL DUE VENDOR 123.00 SHARA NAGEL 001-34780-- 3114E RECREATION REFUND 120.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 120.00 TOTAL DUE VENDOR 120.00 MIKE NELSON 0014095-42330-- REIMB.MTG-CAPIO CONF 116.30 TOTAL PREPAIDS .00 TOTAL VOUCHERS 116.30 TOTAL DUE VENDOR 116.30 CITY OF DIAMOND BAR RUN DATE: 05/12/1999 16.05.12 VOUCHER REGISTER PAGE; 14 DUE THRU* 05/18/1999 PREPAID FUND/SECT-ACCT-PROkECT-ACCT PO t INVOICE DESCRIPTION AST DATE CHECK STEVEN G. NELSON PLN MMM.3/9-3/23,4/13,27 240.E 0015210-44100-- TOTAL PREPAIDS '0 TOTAL VERS 240.00 TOTAL DUE VENDOR 240.00 NETWORK. SOLUTIONS INC 6436780 MEMBERSHIP DUES -WEB SITE 70:00 1185098-42'315-- TOTAL PREPAIDS TOTAL VOUCHERS 70.00 TOTAL DUE VENDOR 70.00 OFFICE DEPOT 7666/OPEN SUPPLIES - PUBLIC WKS 167.36 0015210-41200-- 7666/OPEN SUPPLIES - COMM. SVCS 188.10 0015350-41200-- 7666/0PEN SUPPLIES - COftNITY SVCS 35.59 0015350-41200-- 67092600 SUPPLIES - CITY MANAGER 6.20 0014030-41200-- 7666/0PEN SUPPLIES - COMMUNITY SVCS 25.03 0015350-41200-- TOTAL PREPAIDS '00 TOTAL VOUCHERS 422.28 TOTAL DUE VENDOR 422.28 MISAKO OKUTANI 30450 RECREATION REFUND 40.0 001-34780-- TOTAL PREPAIDS '00 TOTAL VOUCHERS 40.00 TOTAL DUE VENDOR 40.00 SUZANNE PARSONS18.50 RECREATION REFUND 001-34780--31191 PREFAIDS .00TOTAL TOTAL VOUCHERS 18.50 TOTAL DUE VENDOR 18.50 PAYROLL TRANSFER 11900111 PAYROLL TRANSFER-PP9 62,644:40 05118/1999 PP - 001 -10200 --TOTAL PREPAIDS 12'600'00 TOTAL VOUCHERS .00 62'600.04 TOTAL DUE VENDOR PERS HEALTH MAY ADMIN FEE 49.97 05/18/1999 35404 0014090-40093-- MAY MAY HEALTH INS PREMS 9,891.99 05/18/199'9 35444 111-21103__ TOTAL PREPAIDS 9,941.96 TOTAL VOUCHERS '00 9,941.96 TOTAL DUE VENDOR pERS RETIREMENT FUND509.69 PPI? MILITARY BUY BACK. 05/18/1999 35410 001-21109-- ppq SURVIVOR BENEFIT 31.62 05/18/1999 35410 001-21109-- `,p9 RETIRE CONTRIB-EE 4,110.95 45/18/1999 35410 001-21109-- PP9 RETIRE CONTRIB-ER 3,616.44 05/18/1999 35410 C�41-11109-- TOTAL PREPAIDS 8, 268.70 TOTAL VOUCHERS .00 8,268'70 TOTAL DUE VENDOR RUN DATE: 05/12/1999 16:05:12 CITY OF DIAMOND BAR VOUCHER REGISTER PAGE: 15 DUE THRU: 05/18/1999 FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION PREPAID AMOUNT DATE CHECK POMC JUDICIAL, DISTRICT 001-32230-- MAR -99 MARCH -PARKING ACTIVITY 385,00 TOTAL PREPAIDS TOTAL VOUCHERS .00 TOTAL DUE VENDOR 385.00 385 (X) REINBERGER PRINTWERKS INC 0014090-42110-- 0014095-42110-- 9623 PRINTING-BUS.CROS 131.10 9608 PRNTNG REPLY CRDS-CM 76.51 TOTAL PREPAIDS TOTAL VOUCHERS .00 TOTAL DUE VENDOR 207.60 207.60 REMEDY 0014090-44000-- 0014090-44000-- 8686 149026 TEMP SVCS-4/11/99-LNTRMN 107.12 0014090-44000-- 8686 145355 TEMP.SVCS-4/4/99-4/4/99 431.02 6h6 8 ' 156489 TEMP SVCS - 4/25/99 102.42 TOTAL PREPAIDS TOTAL VOUCHERS .00 640.56 TOTAL DUE VENDOR 640.56 REYNOLDS & REYNOLDS 0014411-45405-- 8498 05493-01 PARKING CITATIONS -BOOKS 906.70 TOTAL PREPAIDS .00 TOTAL VOUCHERS 906.75 TOTAL DUE VENDOR 906.75 RICHARDS WATSON & GERSHON Cool 4020-44021-- LEGAL SVCS - DOLEZAL 1,498.00 TOTAL PREPAID5 .00 TOTAL VOUCHERS 2,498.00 TOTAL DUE VENDOR 1,498.00 JOSEPH RUZICKA 0015210 -44100 -- PLN COMM.3/9-3/23,4/13,27 240.00 TOTAL PREPAIDS TOTAL VOUCHERS .00 TOTAL DUE VENDOR 240.00 240.00 MICHIKO SABORGUH �-- 30278 RECREATION REFUND 40.00 TOTAL PREPAIDS TOTAL VOUCHERS .00 TOTAL DUE VENDOR 40.00 40.00 ANWAR SALIMI 001-34780-- 30201 kECREATION REFUND 40.00 TOTAL PREPAIDS TOTAL VOUCHERS .00 TOTAL DUE VENDOR 40.00 40.00 CITY OF DIAMOND BAR RUN DATE: 05/12/1999 16:05:12 VOUCHER REGISTER PAGE: 16 DUE THRU: 05/18/1999 PREPAID FUND/SECT-ACCT-PRDJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK ROSEMARIE SALVADOR 001-2.3002-- 49:,55 REFUND PARK SECURITY DEP. 200.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 200.0 TOTAL DUE VENDOR 200.00 SAM'S MOBIL 0014030-42310-- 9563 FUEL -CITY MANAGER 26.51 0014090-42310-- 9563 FUEL -GENERAL GOVT 368.95 0015210-42310-- 956.3 FUEL -COMMUNITY DEV. 157.63 TOTAL PREPAIDS .00 TOTAL VOUCHERS 553.09 TOTAL DUE VENDOR 553.09 LOUIS SANTILLAN 001-34780-- 30760 RECREATION REFUND 40.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 40.00 TOTAL DUE VENDOR 40.00 GINA SARKISSIAN 001-23002-- 49381 REFUND PARK SECURITY DEP. 50.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 50.00 TOTAL DUE VENDOR 50.00 EMCELIZA SCHLAG 002-23002-- 49584 REFUND PARK SECURITY DEP. 50.00 TOTAL PP,EPAIDS .00 TOTAL VOUCHERS 50.00 TOTAL DUE VENDOR 50.00 FAY SCOTT 001-34760-- 300197 RECREATION REFUND 198.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 198.00 TOTAL DUE VENDOR 198.00 SECTRAN SECURITY 0014090-44000-- 7870 5110 BANK COURIER SVCS -MAY 99 192.61 TOTAL PREPAIDS .00 TOTAL VOUCHERS 192.61 TOTAL DUE VENDOR 192.61 SHERIFF''S RELIEF FOUNDATION FND#201 1264411-42340-- REGSTRTN CPSAV-JUNE 14-15 90.00 05/18/1999 35401 TOTAL PREPAIDS 90.00 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 90.00 SHOPPING CENTER BUSINESS 0014095-42115-- 8577 3420 LEGAL AD -MAY ISSUE 2,500.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 2,50O.00 TOTAL DUCE VENDOR 2,500.00 CITY OF DIAMOND BAR RUN DATE: 05/12/1999 16:05:12 VOUCHER REGISTER PAGE: 17 DUE THRU: 05/18/1999 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK SMART & FINAL 0015350-41200-- 7522 289101 SUPPLS EXCURSIONS 4/24 52.29 TOTAL PREPAIDS •DO TOTAL VOUCHERS 52.29 TOTAL DUE VENDOR 52.x' ST DENIS CHURCH 0015350-42353-- CARNIVAL RIDE PROCEEDS 549.40 TOTAL PREPAIDS .00 TOTAL VOUCHERS 549.40 TOTAL DUE VENDOR 549.40 STANDARD INSURANCE OF OREGAN 001-21106-- MAY MAY-SUPPLNTL LIFE PREMS 200.10 05/18/1999 35409 001-21106-- MAY MAY -LIFE INS PREMIUMS 547.50 05/18/1999 35409 TOTAL PREPAIDS 747.60 TOTAL VOUCHERS •00 TOTAL DUE VENDOR 747.60 STATE COMPENSATION INSURANCE FUND 0014090-40063-- WORKERS COMP -SURCHARGE 1,348.38 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,348.38 TOTAL DUE VENDOR 1,348.38 SUBWAY 0014090-42325-- MTG SPPLS - 4 CRNRS 4/26 11.97 0014090-42325-- MTG SPPLS - COG/ACE 4/26 11.97 0014090-42325-- MTG SPPLS-CC TSK FRC 4/14 19.95 0014090-42325-- MTG SPPLS - CNCL SESS4/15 5.99 TOTAL PREPAIDS .00 TOTAL VOUCHERS 49.88 TOTAL DUE VENDOR 49.88 LEROY TAYLOR. 001-36660-- 49680 REFUND CITY B -DAY CELEB. 25.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 25.00 TOTAL DUE VENDOR 25.00 THE ROTH GROUP 2505215-46420-1:38%-46420 8446 99081 PROF.SVCS-COMM. CC TSK. FC 101381.90 TOTAL PREPAIDS •00 TOTAL VOUCHERS 10,381.90 TOTAL DUE VENDOR 10,381.90 CAROL THOMPSON O01-34780-- 30345 RECREATION REFUND 40.00 TOTAL PREPAIDS •00 TOTAL VOUCHERS 40.00 TOTAL DUE VENDOR 40.00 CITY OF DIAMOND BAR RUN DATE: 05/12/1999 16:05:12 VOUCHER REGISTER PAGE: 18 DUE THRU: 05/18/1999 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK. TRAFFIC CONTROL SERVICE, INC. 1264411-46250-- 8564 13252 MISC EQUIP. -SHERIFF DEPT 581.85 TOTAL PREPAIDS .00 TOTAL VOUCHERS 581.85 TOTAL DUE VENDOR 581.85 STEVEN TYE 0015210-44100-- PLN COMM.3/9-3/23,4/13,27 240.00 ' TOTAL PREPAIDS •00 TOTAL VOUCHERS 240.00 TOTAL DUE VENDOR 240.00 UNITED PARCEL SERVICE 0014090-42120-- 9632780027 EXPRESS MAIL -GENERAL GOVT 13.50 0014090-42120-- 9632780027 EXPRESS MAIL -GENERAL 13.50 TOTAL PREPAIDS •DD TOTAL VOUCHERS 27.00 TOTAL DUE VENDOR 27.00 UNITED STATES POSTAL SERVICE 0014090-42120-- REPLENISH POSTAGE METER 1,000.00 TOTAL PREPAIDS •00 TOTAL VOUCHERS 1,000.00 TOTAL DUE VENDOR 11000.00 RENEE VALADE7 001-34780-- 30566 RECREATION REFUND 88.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 88.00 TOTAL DUE VENDOR 88.00 JOHN VANDERHULST 0:?1-34780-- 311962 RECREATION REFUND 55.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 55.00 TOTAL DUE VENDOR 55.00 DONNA VERMEULEN 001-34780-- 30512 RECREATION REFUND 49.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 49.00 TOTAL DUE VENDOR 49.00 VISION SERVICE PLAN 001-21107-- MAY MAY VISION PREMIUMS 952.48 05/18/1999 35407 TOTAL PREPAIDS 952.48 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 952.48 CITY OF DIAMOND BAR RUN DATE: 05/12/1999 16:05:12 VOUCHER REGISTER PAGE 19 DUE THRU,. 05/18/1999 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION ALIT DATE CHECK WALNUT VALLEY WATER DISTRICT 1415`,,41-42126-- WTR SVCS-DIST41 2/25-4/29 5,571.73 0015558-45509-- WATER SVCS -TREE MAINT-APR 89.32 0015322-42126-- WTR SVCS-R.REAGAN25-4/29 782.37 1385538-42126-- WATER SVCS-DIST 38 APRL 103.45 0015325-42126-- WTR SVCS-STRSHN2/25-4/29 582.19 TOTAL PREPAIDS •00 TOTAL VOUCHERS 7,129.06 TOTAL DUE VENDOR 7,129.06 WARREN SIECKE 001-23010-- 9/4/11 PROF.SVCS - FPL 91-002 148.00 001-23010-- 426 PROF.SVCS-FPL 98-051 37.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 185.00 TOTAL DUE VENDOR 18.5.00 WELLS FARGO BANt; MTGS W/ C/HILL CM, STAFF 151.46 05/18/1999 `35397 0014030-42325--_ NATL LEAG CONF.-ANSARI 15.00 05/18/1999 35399 0014010-42330-- 0014010-42325-- MTG CHMBR-3/11,17-HERRERA 55.44 05/18/1999 35398 0014010-42330-- LEGIS SACR-HERRMRAI-ANSARI 314.73 05/18/1999 35398 0014030-42310-- FUEL - CM 80.57 05/18/1999 35397 LEGIS - SACR -ANSARi 184.00 05/18/1999 35398 0014010-42330-- MTG W/ROTHMAN 3/17-OCONNR 15.87 05/18/1999 35402 0014010-42325-- NATL LEAG CONF/CMBR-CM 191.01 05/18/1999 35397 0014030-42330-- TOTAL PREPAIDS 1,0N•0 TOTAL VOUCHERS .UO TOTAL DUE VENDOR 1,008.08 CINDAY WHRITENOUR 001-23�7�J2-- 49415 REFUND PARK SECURITY DEP. 50.00 TOTAL PREPAIDS •00 TOTAL VOUCHERS 50.00 TOTAL DUE VENDOR 50.00 SANNA YEUNG 001-34780-- :7314 RECREATION REFUND 40.41) TOTAL PREPAIDS .00 TOTAL VOUCHERS 40.00 TOTAL DUE VENDOR 40.00 KAREN YOSHIMOTO 001-34780-- 30468 RECREATION REFUND 80.00 TOTAL PREPAIDS •00 TOTAL VOUCHERS 80.00 TOTAL DUE VENDOR 80.00 JUNKO YOUN 001-34780-- 30370 RECREATION REFUND 40.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 40.00 TOTAL DUE VENDOR 40.00 CITY OF DIAMOND BAR RUN DATE: 05/12/1959 16:05:12 VOlJM REGISTER PAGE: 20 DUE THRU: 05/18/1999 FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION PREPAID AMOUNT DATE CHECK JUNKO YOUN 102,088.76 REPORT TOTAL PREPAId.S - REPORT TOTAL VOUCHERS 48U,339.74 REPORT TOTAL 582,428.50 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Honorable Mayor and Members of the City Council MEETING DATE: May 18, 1999 REPORT DATE: May 12, 1999 FROM: Terrence L. Belanger, City Manager TITLE: Golden Springs Drive Street Rehabilitation Project Between Grand Avenue and Torito Lane SUMMARY: Golden Springs Drive, between Grand Avenue and Torito Lane, is in need of pavement rehabilitation. The existing pavanehrt for Golden Springs Drive has been analyzed and evaluated in order to detamine the most practical and economical approach for the roadway improvements. Based on the findings of the paveahw evakwtion, plans and specifications for the project have been prepared. RECOMMENDATION: It is reconunanded that the City Council adopt the attached Resolution to approve the plans and specifications for the Golden Springs Drive Street Rehabilitation Project and authorize the City Clerk to advertise the project for bids. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification X Resolution(s) X Bid Specification <w s& in city cw•. om> _ Ordinances(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 n*ority or 4/5 vote? Majority 3. Has environmental impact been; assessed? N/A _ Yes _ No 4. Has the report beat reviewed by a Commission? N/A _ Yes _ No Which Commission? 5. Are other des affected by the report? _Yes XNo Report discussed with the following affected departments: REVIEWED BY: ;7 Terrence L. Belanger es DeSt d G. Liu City Manager Deputy City Manager Deputy Director of Public Works CITY COUNCIL REPORT AGENDA NO. — MEETING DATE: May 18, 1999 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Golden Springs Drive Strad Rehabilitation Project Between Grand Avenue and Torito Lane ISSUE STATEMENT: Golden Springs Drive, between Grand Avenue and Torito Lane, is in need of pavement rehabilitation. Based on the findings of the pavement evaluation, plans and specifications have been designed and completed accordingly. RECOMMENDATION: It is recommended that the City Council adopt the attached Resolution to approve the plans and specifications of the Golden Springs Drive Street Rehabilitation Project between Grand Avenue and Torito Lane and authorize the City Clerk to advertise the project for bids. FINANCIAL SUMMARY: The Golden Springs Drive Street Rehabilitation Project is estimated to cost $1,100,000.00. The funding sources, as budgeted, will be Prop A/C Funds sad Intermodal Surface Transportation Efficiency Act (ISTEA)✓`I'ranspomition Equity Act for the 21d Century (TEA 21) Funds. The City has requested $627,500 ISTEA Fund and $364,000 TEA 21 Fund to be allocated towards the cost of the project. The local match toward this project is $128,500 of Prop. A/C Funds. The matching requirement for the ISTEA/Tea 21 program is 11.47% local funds to 88.53% federal funds. Through Fiscal Year 2003, TEA 21 reauthorizes the highway, highway safety, transit and other surface transportation programs in the ISTEA of 1991. BACKGROUND/DISCUSSION: Golden Springs Drive, between Grand Avenue and Torito Lane, is in need of pavement rehabilitation and/or reconstruction. To determine the most practical and economical approach for restoring the street to full function, the existing pavement on Golden Springs Drive has been tested, analyzed, and evaluated. Based on the findings of the pavement evaluation, asphalt concrete overlay of 2" thickness with pavement reinforcing fabric over 1" leveling course and localized reconstruction of existing pavement will be utilized. Golden Springs Drive Golden Springs Drive May 18, 1999 Page Two Plans and specifications for the project have been prepared. The work to be performed under the specifications consists of the rehabilitation/reconstruction of the existing road pavement, striping, and construction of concrete bus pads. The project area includes approximately 1.3 miles of Golden Springs Drive. Key aspects of requirements placed upon the contractor includes: • Plan and schedule to be submitted at least ten (10) calendar days before start of work. • Traffic control plans, prepared by a licensed Traffic Engineer. • Notification of utility owners and other public agencies. • Completion of all work within ninety (90) calendar days. • Liquidated damages of $500/day for non-performance. All customary insurance and bonds have been included. Staff has prepared a tentative schedule for the various project activities. They are as follows: Plans and specifications to City Council for approval and authorize City Clerk to advertise for bids May 18, 1999 Bid Opening June 15, 1999 Award of Contract July 6, 1999 Notice to Proceed July 19, 1999 Start of Construction July 19, 1999 Completion of Construction October 19 1999 Prepared By: David G. Liu Word\Shvon\CityCouncilReport\GoldenSppRehab RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR GOLDEN SPRINGS DRIVE STREET REHABILITATION PROJECT BETWEEN GRAND AVENUE AND TORITO LANE, IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. WHEREAS, it is the intention of the City of Diamond Bar to construct certain improvements in the City of Diamond Bar. WHEREAS, the City of Diamond Bar has prepared plans and specifications for the construction of certain improvements. NOW, THEREFORE, BE IT RESOLVED that the plans and specifications presented to the City of Diamond Bar be and are hereby approved as the specifications for the Golden Springs Drive Street Rehabilitation Project Between Grand Avenue and Torito Lane. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise as required by law for the receipt of sealed bids or proposals for doing of the work specified in the aforesaid plans and specification, which said advertisement shall be substantially in the following words and figures, to wit: Pursuant to a Resolution of the City Council of the City of Diamond Bar, Los Angeles County, California, directing this notice, NOTICE IS HEREBY GIVEN that the said City of Diamond Bar will receive at the office of the City Clerk in the City Hall of Diamond Bar, on or before the hour of ie ,_Y_ on the tn+U day of June 1432, sealed bids or proposals for the Golden Springs Drive Street Rehabilitation Project Between Grand Avenue and Torito Lane. Bids will be opened and publicly read immediately in the office of the City Clark, Suite 100, 21660 E. Copley Drive, Diamond Bar, California 91765-4177. Bids must be made on a form provided for the purpose, addressed to the City of Diamond Bar, California, marked, "Bid for the Golden Springs Drive Street Rehabilitation Project Between Grand Avenue and Torito Lane." PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is 1 diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages are on file in the office of the City Clerk of the City of Diamond Bar, Suite 100, 21660 E. Copley Drive, Diamond Bar, California, and are available to any interested party on request. The Contracting Agency also shall cause a copy of such determinations to be posted at the job site. The Contractor shall forfeit, as penalty to the City of Diamond Bar, not more than twenty-five dollars ($25.00) for each laborer, workman, or mechanic employed for each calendar day or portion, thereof, if such laborer, workman, or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. In accordance with the provisions of Section 1777.5 of the Labor Code as amended by Chapter 971, Statutes of 1939, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the prosecution of the work. Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: A. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of fifteen percent (15%) in the ninety (90) days prior to the request for certificate, or B. When the number of apprentices in training in the area exceeds a ratio of one to five, or C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or D. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual F average of not less than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other Contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this Contract and the Contractor and any subcontractor under him shall employ with and be governed by the laws of the State of California having to do with working hours as set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to the City of Diamond Bar, twenty-five dollars ($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon any of the work hereinbefore mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this Contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. The bidder must submit with his proposal cash, cashier's check, certified check, or bidder's bond, payable to the City of Diamond Bar for an amount equal to at least ten percent (10%) of the amount of said bid as a guarantee that the bidder will enter into the proposed Contract if the same is awarded to his, and in the event of failure to enter into such Contract said cash, cashier's check, certified check, or bond shall become the property of the City of Diamond Bar. If the City of Diamond Bar awards the contract to the next lowest.bidder, the amount of the lowest bidder's security shall be applied by the City of Diamond Bar to the difference between the low bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder. 3 be returned to the lowest bidder. The amount of the bond to be given to secure a faithful performance of the contract for said work shall be one hundred percent (100%) of the contract price thereof, and a labor and material bond in an amount equal to one hundred percent (100%) of the contract price for said work shall be given to secure the payment of claims for any materials or supplies furnished for the performance of the work contracted to be done by the Contractor, or any work or labor of any kind done thereon, and the Contractor will also be required to furnish a certificate that he carries compensation insurance covering his employees upon work to be done under contract which may be entered into between him and the said City of Diamond Bar for the construction of said work. No proposal will be considered from a Contractor who is not licensed as a contractor at time of award in accordance with the provisions of the Contractor's License Law (California Business and Professions Code, Section 7000 at seq.) and rules and regulations adopted pursuant thereto or to whom a proposal form has not been issued by the City of Diamond Bar. The work is to be done in accordance with the profiles, plans, and specifications of the City of Diamond Bar on file in the office of the City Clerk at the City Hall, Diamond Bar, California. Copies of the plans and specifications will be furnished upon application to the City of Diamond Bar and payment of $30.00, said $30.00 is non-refundable. Upon written request by the bidder, copies of the plans and specifications will be mailed when said request is accompanied by payment stipulated above, together with an additional nonreimbursable payment of $10.00 to cover the cost of mailing charges and overhead. The successful bidder will be required to enter into a contract satisfactory to the City of Diamond Bar. In accordance with the requirements of Section 903 of the General Provisions, as set forth in the Plans and Specifications regarding the work contracted to be clone by the Contractor, the Contractor may, upon the Contractor's request and at the Contractor's sole cost and expense, substitute authorized securities in lieu of monies withheld (performance retention). The City of Diamond Bar, California, reserves the right to reject any and all bids. By order of the City Council of the City of Diamond Bar, California. Dated this day of 1999. 4 of Diamond Bar, California, this day of , 1999. Mayor ATTEST: City Clerk I, Lynda Burgess, City Clerk of the City of Diamond Bar, California, do hereby certify that the foregoing Resolution was duly and regularly passed and adopted by the Council of the City of Diamond Bar, California, at its regular meeting held on the day of , 1999, by the following vote, tom AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: City Clerk, City of Diamond Bar, California C:\WP60\LINDAKAY\RESO-98\DBREHAB.401 5 (x .!'� ��4{ t is �l � �`•1►t- � �JJ�e r 4�.:., .�r .� Sa -♦ `, j: _ � 4 �a' ;•� � � y. � I-. _„M ! � rye �� :,, �,�, � r `�� ..�� Ar ff 51 oll r�. Z FF i ( #jd �° Yom), • „�l L'+ 1 j,' I R § J IA • * s j (I - 114 7 TA -� �; �y��L M' � V Qy�j �� lj�• {{ � jam, ♦, ti' wiIIM > i t��. •' . r Ao �. j+� _4� -' >�' �E. '�.,�...•�yf� t. ' .�-� ''a K _may 10 APT, '� _ ti aB W k •� , a+ Tull U � II � � y� � w� •1 ov IF 'Nr 00 Z fo • r { r /,. yet ��.�t` � '� ,t► _� .c �> .:rte >w �. ♦ �'��''-� � �! x , �+► ..,gip �. . Y.f.F � -:'� - `fit �►'! ice!'. � . a�; .,� .w-.r.. � `•�r.+�. .- �.0 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. (�, , j 6t TO: Honorable Mayor said Members of the City Council MEETING DATE: May 18, 1999 REPORT DATE: May 12, 1999 FROM: Terrence L. Belanger, City Manager TITLE: Landscaping Assessment District Number 38. SUMMARY: Pursuant to the City Council's direction of February 16, 1999 staff has prepared the Engineer's Report for District Number 38 for the 1999-00 Fiscal Year. Said report has been prepared pursuant to the provisions of the Landscaping and Lighting Act of 1972 of Part 2 of Division 15 of the Streets and Highways Code of the State of California. The amount to be assessed for Fiscal Year 1999-00 is to remain at $15.00 per parcel. RECOMMENDATION: It is recommended that the City Council approve the Engineer's Report, adopt the attached Resolution to declare the City's irdention to levy and collect assessments for District Number 38 and direct the City Clerk to advertise the public hearing before the Council at the second regular meeting of June, 1999. LIST OF ATTACHMENTS: _X Staff Report _ Public Hewing Notification Resolutions) _ Bid Specification (m ale in my cww, oayoe) — Or(s) Other: Et 's Reuort _ Agreema*s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? 2. Does the report require a majority or 4/5 vote? 3. Has environmental impact been assessed? 4. Has the report been reviewed by a Commission? Which Commission? 5. Are other departments affected by the report? Report discussed with the foilowbW affmctod departments: INpjyjnkytJgum rrence L. Bel ger City Manager James DeStefano Deputy City Manager X Yes —No Majority N/A _ Yes _ No N/A _ Yes No _Yes _&No David G. Iau Deputy Director of Public Works MEETING DATE: TO: FROM: SUBJECT: ISSUE STATEMENT: CITY COUNCIL REPORT AGENDA NO. May 18, 1999 Honorable Mayor and Members of the City Council Terrence L. Belanger, City Manager Landscaping Assessment District Number 38 Pursuant to the City Council's direction of February 16, 1999, staff has prepared the Engineer's Report for District Number 38 for the 1999-00 Fiscal year. RECOMMENDATION: It is recommended that the City Council approve the Engineer's Report, adopt the attached Resolution to declare City's intention to levy and collect assessments for District Nwnber 38; and direct the City Clerk to advertise the public hearing before the Council of the second regular meeting of June, 1999. FINANCIAL SUMMARY: The revenues generated by this District are proposed to pay for it. There will be no impact on the City's General Funds. BACKGROUND/DISCUSSION: The attached Engineer's Report for the City's Landscaping Assessment District Number 38, which is prepared pursuant to provisions of the Landscaping and Lighting Act of 1972 of Part 2 of Division 15 of the Streets and Highways Code of the State of California, includes authority for the report, estimated costs of improvements, a diagram for the District and the assessments. The estimated number of parcels within the existing District is 17,439 parcels. The amount assessed upon the lands within District Number 38 for Fiscal Year 1998-99 was $15.00 per parcel. The amount to be assessed for Fiscal Year 1999-00 is to remain at $15.00 per parcel. The assessments will be utilized towards the general maintenance of City's medians and parkways. This proposed assessment has been determined to be exempt from the provisions of Proposition 218 as set forth in section 5 (a): Any assessment imposed exclusively to finance the capital costs or maintenance and operation expenses for sidewalks, streets, sewers, water, flood control drainage systems or vector control. Prepared By: David G. Liu RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE ENGINEER'S REPORT FILED PURSUANT TO SECTION 22623 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE WITH RESPECT TO THE CITY OF DIAMOND BAR ASSESSMENT DISTRICT NO. 36; AND DECLARING ITS INTENTION TO.LEVY AND COLLECT ASSESSMENTS FOR CERTAIN LANDSCAPING MAINTENANCE WITHIN SAID DISTRICT FOR FISCAL YEAR 1999-00; AND FIRING A TIM AND PLACE FOR A HEARING OF OBJECTIONS THEREON. A. RECITALS. (i) Heretofore the City of Diamond Bar Assessment District No. 38 was created pursuant to Part 2 of Division 15 of the California Streets and Highways Code (§§ 22500, et. seq.). (ii) The City Engineer has prepared, filed with the City Clerk and presented to this Council a report relating to said assessment district pursuant to the provisions of the California Streets and Highways Code § 22623. (iii) All legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, THE City Council of the City of Diamond Bar does hereby find, determine and resolve as follows: 1. The Recitals, as set forth in Part A of this Resolution, are in all respects true and correct. 2. The above-described report submitted by the City Engineer relating to City of Diamond Bar Assessment District No. 38 is hereby approved as filed. 1 3. This Council hereby declares its intention to levy and collect assessments during fiscal year 1999-00 pursuant to Part 2 of Division 15 of the Streets and Highways Code of the State of California, known as the "Landscaping and Lighting Act of 1972," within that area designated "City of Diamond Bar Assessment District No. 38," as shown on Exhibit "A-1" attached hereto and incorporated herein by reference. 4. A general description of the improvements proposed for the aforementioned district is as follows: The installation, maintenance and servicing of landscaping and any facilities which are appurtenant thereto or which are necessary or convenient for the maintenance and servicing thereof, including but not limited to, repair, removal or replacement, grading, clearing, removal of debris, pruning, fertilization, pest control and weed control, and the installation or construction of appurtenant facilities, including curbs, gutters, walls, sidewalks- or paving, or water, irrigation, drainage, or electrical facilities. Said installation, maintenance and servicing of the landscaping and installation, maintenance and servicing of related work shall be.within the area of Assessment District No. 38 as shown on Exhibit "A-1." The location and type of improvement is shown on Exhibit "B-1," as attached hereto and incorporated herein by reference. 2 5. Reference is hereby made to the report of the City Engineer relating to the said assessment district hereinabove approved. Said report is on file with the City Clerk of the City of Diamond Bar and contains a full and detailed description of the improvements, the boundaries of the assessment district and contains the proposed assessments upon assessable"lots and parcels of land within City of Diamond Bar Assessment District No. 38 for fiscal year 1999-00. Said proposed assessment per lot is 'the amount of $15.00, the same amount which was levied in fiscal year FL�:k . . 6. This Council hereby fixes 7:00 p.m. on June 15, 1999 in the South Coast Air Quality Management District Auditorium, 21865 East Copley Drive, Diamond Bar, California, as the time and place for a hearing before this Council on this question of the levy of the proposed assessments on assessable lots with City of Diamond Bar Assessment District No. 38 for fiscal year 1999-00 and hereby gives notice of said hearing. 7. The City Council hereby determines and declares that the proposed assessments constitute a continuation of assessments existing on the effective date of Article XIIID of the California Constitution, that the assessments are imposed exclusively to finance the capital costs and maintenance and operation expenses for streets and sidewalks and that the assessments are exempt from the requirements of Article XIIID, Section 4 of the California Constitution. 3 8. The City Clerk shall: (a) Certify to the adoption of this Resolution; and (b) Cause a true and correct copy of this Resolution to be published pursuant to California Government Code § 6061. PASSED, ADOPTED AND APPROVED this day of , 1999. Mayor 4 I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at the regular meeting of the City Council of the City of Diamond Bar held on the day of 1999, by the following Roll Call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST• Lynda Burgess, City Clerk City of Diamond Bar 6 Ft,: W S O r L- > W Z 0 ui •� I� W W < Y 4510 C-20 y v icu d ri O co NJ LL /pr W y o y s....... SNFC✓r - Q 01, e Ak pj, ENGINEER'S REPORT Update of ASSESSMENT DISTRICT NO. 38 Fiscal Year 1999-00 CITY OF DIAMOND BAR Preliminary: May 18, 1999 Prepared by: GFB-FRIEDRICH & ASSOC., INC. 6529 Riverside Avenue, Suite 230 Riverside, CA 92506 TABLE OF CONTENTS 1 INTRODUCTION 2 BOUNDARIES OF DISTRICT 3 IMPROVEMENTS Landscaping 4 FINANCIAL ANALYSIS Revenue Appropriations METHOD OF APPORTIONMENT 6 7 ASSESSMENT 8 ASSESSMENT ROLL EXHIBITS Exhibit "A-1" - Assessment Diagram Exhibit "B-1" - Improvement Map INTRODUCTION Pursuant to the order of the City Council of the City of Diamond Bar, this report is prepared in compliance with the requirements of Article 4, Chapter 1, Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of the State of California. This report presents the engineering analysis for the 1999-00 Fiscal Year for the district known as:' ASSESSMENT DISTRICT NO. 38 CITY OF DIAMOND BAR (Hereinafter referred to as "District"). This District, by special benefit assessments, provides funding for the maintenance of landscaped areas owned by the City of Diamond Bar which are located in public rights-of-way within the City of Diamond Bar. Section 22573, Landscaping and Lighting Act of 1972, requires assessments to be levied according to benefit rather than according to assessed value. The section states: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated special benefits to be received by each such lot or parcel from the improvements. The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 (commencing with Section 5000)) [of the Streets and Highways Code, State of California] . " As the assessments are levied on the basis of benefit, they are considered a user's fee, not a tax, and, therefore, are not governed by Article XIIIA of the California Constitution. Properties owned by public agencies, such as a city, county, state or the federal government, are not assessable by law. BOUNDARIES OF DISTRICT The boundary of the District is completely within the City limits of the City of Diamond Bar and is shown on the Assessment Diagram (on file in the office of the City Clerk at the City Hall of Diamond Bar as Exhibit "A -l"). All parcels of real property included within the District are described in detail on maps on file in the Los Angeles County Assessor's office. N IMPROVEMENTS The facilities and items of servicing and maintenance included within the District are as follows: Landscaping Servicing means the furnishing of water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements. Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of any improvement, including: 1. Repair, removal or replacement of all or any part of any landscape improvement. 2. Providing for the life, growth, health and beauty of landscaping, including without limitation, cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury. 3. The removal of trimmings, rubbish, debris and other solid waste. Improvements to be serviced and maintained include, but are not limited to, median island and parkway landscaping on major streets and thoroughfares in the City of Diamond Bar. Exhibit "B-1," attached hereto, shows the location and extent of the landscaping improvements to be maintained by the proceeds from this assessment district. 3 FINANCIAL ANALYSIS The estimated funding for maintenance and servicing of landscaping for the update of Assessment District No. 38 for the 1999-00 Fiscal Year is as follows: 1999-00 Recommended Budeet Revenue: Appropriation Fund Balance (from FY 1998-99) 529,917 Property Tax and Assessments 261,585 Interest Revenue 12.000 TOTAL $ 803,502 Personal Services Salaries $ 6,980 City Paid Benefits i00 Benefits 930 Worker's Compensation Expense 150 Medicare Expense 110 Cafeteria Benefits 1,100 Operating Expenses Advertising 700 Utilities 88,300 Maintenance -Grounds & Bldg 15,000 Professional Services 25,300 Contract Services 41,700 Capital Improvements ' 19,500 Transfer to'CIP Fund " 352,500 Reserve for Future Capital Improvements "` 251.132 TOTAL $ 803,502 ` Includes replacement of irrigation controller clocks (4 (off $1,125/each) and planting median diamond flowers (5 places @ $3,000/each) " Future capital improvements include the construction of landscaped medians in Golden Springs Drive between Lemon Avenue and Gona Court (estimated cost of construction and project administration is $400,000, with $47,500 of the cost borne by L.A. Fitness). This project is scheduled for construction beginning in FY 1999-00. (Continued - Next Page) 4 *00 The City Council is currently considering the design and construction of other landscaped median/streetscape projects on major arterial streets throughout the City. A priority list of such projects will be developed. The funding for these projects will come, completely or in part, from the Reserve for Future Capital Improvements. Plans and specifications showing the general nature, location and extent of the Proposed improvements are on file in the office of the City Clerk and available for public inspection - 5 METHOD OF APPORTIONMENT The net amount to be assessed upon lands within the District in accordance with this report is apportioned by a formula and method which fairly distributes the amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each lot or parcel from the improvements, namely the maintenance and servicing of public landscaping improvements within such District. The maintenance and servicing of public landscaping improvements installed and constructed in public places in the City of Diamond Bar provides a special benefit which is received by each and every lot or parcel within the District, tending to enhance their value. The primary benefits of landscaping are as set forth below: 1 • Beautification of the streets which are used by all of the residents in Diamond Bar. 2. A sense of community pride resulting from well-maintained green spaces. 3. The enhancement of the value of property which results from the foregoing benefits. Existing land use information indicates that well over 90 percent of the parcels within the City o Diamond Bar are residences. Because the special benefits derived apply equally to all residents and parcels, it has been determined that all assessable parcels would receive the same net assessment. C ASSESSMENT The amount to be assessed upon the lots and parcels within the District and the amount apportioned to each assessable parcel within the District is shown in the table below. Estimated Assessment Requirements: Estimated Number of Parcels: Estimated Assessment Per Parcel: 1998-99 Assessment Per Parcel: 1999-00 Assessment Per Parcel: Difference: 7 $ 261,585 17,439 $ 15.00 $ 15.00 $ 15.00 $ 0.00 ASSESSMENT ROLL The individual 1999-00 assessments, tabulated by Assessor's parcel number, are shown on an Assessment Roll on file in the Office of the City Clerk of the City of Diamond Bar as Exhibit "C and are made a part of this report by reference. (The Assessment Roll is not included in this report due to its volume.) bated: 2 , 1999 GFB-FRIEDRICH & ASSOC., INC. O� �� r 1 1*)) * NO. 27861 1 EXP. - N A. FRIEDRIC ��l CIVIL �Q' hof Mkit 1.1 W W � OD x2 sa M CC ■ co) C t a_ '` IL x ZJ fI O W W Q ca V W e�jig 3 ENGINEER'S REPORT Update of ASSESSMENT DISTRICT NO. 38 Fiscal Year 1999-00 CITY OF DIAMOND BAR Preliminary: May 18, 1999 Prepared by: GFB-FRIEDRICH & ASSOC., INC. 6529 Riverside Avenue, Suite 230 Riverside, CA 92506 TABLE OF CONTENTS Page INTRODUCTION 1 BOUNDARIES OF DISTRICT 2 IMPROVEMENTS 3 Landscaping FINANCIAL ANALYSIS 4 Revenue Appropriations METHOD OF APPORTIONMENT 6 ASSESSMENT 7 ASSESSMENT ROLL 8 EXHIBITS Exhibit "A-1 " - Assessment Diagram Exhibit "B-1 " - Improvement Map INTRODUCTION Pursuant to the order of the City Council of the City of Diamond Bar, this report is prepared in compliance with the requirements of Article 4, Part 2 of Division 15 of the Streets and HighChapter 1, Landscaping and Lighting Act of 1972, Chapter Code of the State of California. This report presents the engineering analysis for the 1999-00 Fiscal Year for the district known as: ASSESSMENT DISTRICT NO. 38 CITY OF DIAMOND BAR (Hereinafter referred to as "District"). This District, by special benefit assessments, provides funding for the maintenance of landsca ed areas owned by the City of Diamond Bar which are located in public rights -of --way within the City of Diamond Bar. Section 22573, Landscaping and Lighting Act of 1972, requires assessments to be levied according to benefit rather than according to assessed value. The section states: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the assessable lots or parcels net amount among all in proportion to the estimated special benefits to be received by each such lot or parcel from the improvements. The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 (commencing with Section 5000)) [of the Streets and Highways Code, State of California]." As the assessments are levied on the basis of benefit, they are considered a user's fee, not a tax and, therefore, are not governed by Article XIIIA of the California Constitution. Properties owned by public agencies, such as a city, county, state or the federal government are not assessable by law. BOUNDARIES OF DISTRICT The boundary of the District is completely within the City limits of the City of Diamond Bar and is shown on the Assessment Diagram (on file in the office of the City Clerk at the City Hall of Diamond Bar as Exhibit "A -l"), All parcels of real property included within the District are described in detail on maps on file in the Los Angeles County Assessor's office. 2 IMPROVEMENTS The facilities and items of servicing and maintenance included within the District are as follows: Servicing means the furnishing of water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements. Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of any improvement, including: 1. Repair, removal or replacement of all or any part of any landscape improvement. 2. Providing for the life, growth, health and beauty of landscaping, including without limitation, cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury. 3. The removal of trimmings, rubbish, debris and other solid waste. Improvements to be serviced and maintained include, but are not limited to, median island and parkway landscaping on major streets and thoroughfares in the City of Diamond Bar. Exhibit "B-1," attached hereto, shows the location and extent of the landscaping improvements to be maintained by the proceeds from this assessment district. 3 FINANCIAL ANALYSIS The estimated funding for maintenance and servicing of landscaping for the update of Assessment District No. 38 for the 1999-00 Fiscal Year is as follows: Appropriation Fund Balance (from FY 1998-99) 529,917 Property Tax and Assessments 261,585 Interest Revenue 12.000 TOTAL $ 803,502 Personal Services Salaries $ 6,980 City Paid Benefits 100 Benefits 930 Worker's Compensation Expense 150 Medicare Expense 110 Cafeteria Benefits 1,100 Operating Expenses Advertising 700 Utilities 88,300 Maintenance -Grounds & Bldg 15,000 Professional Services 25,300 Contract Services 41,700 Capital Improvements ` 19,500 Transfer to CIP Fund " 352,500 Reserve for Future Capital Improvements "' 251.132 TOTAL $ 803,502 Includes replacement of irrigation controller clocks (4 @ $1,125/each) and planting median diamond flowers (5 places @ $3,000/each) Future capital improvements include the construction of landscaped medians in Golden Springs Drive between Lemon Avenue and Gona Court (estimated cost of construction and project administration is $400,000, with $47,500 of the cost borne by L.A. Fitness). This project is scheduled for construction beginning in FY 1999-00. (Continued - Next Page) 4 The City Council is currently considering the design and construction of other landscaped median/streetscape projects on major arterial streets throughout the City. A priority list of such projects will be developed. The funding for these projects will come, completely or in part, from the Reserve for Future Capital Improvements. Plans and specifications showing the general nature, location and extent of the proposed improvements are on file in the office of the City Clerk and available for public inspection. E METHOD OF APPORTIONMENT The net amount to be assessed upon lands within the District in accordance with this report is apportioned by a formula and method which fairly distributes the amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each lot or parcel from the improvements, namely the maintenance and servicing of public landscaping improvements within such District. The maintenance and servicing of public landscaping improvements installed and constructed in public places in the City of Diamond Bar provides a special benefit which is received by each and every lot or parcel within the District, tending to enhance their value. The primary benefits of landscaping are as set forth below: 1. Beautification of the streets which are used by all of the residents in Diamond Bar. 2. A sense of community pride resulting from well-maintained green spaces. 3. The enhancement of the value of property which results from the foregoing benefits. Existing land use information indicates that well over 90 percent of the parcels within the City of Diamond Bar are residences. Because the special benefits derived apply equally to all residents and parcels, it has been determined that all assessable parcels would receive the same net assessment. 31 ASSESSMENT The amount to be assessed upon the lots and parcels within the District and the amount apportioned to each assessable parcel within the District is shown in the table below. Estimated Assessment Requirements: Estimated Number of Parcels: Estimated Assessment Per Parcel: 1998-99 Assessment Per Parcel: 1999-00 Assessment Per Parcel: Difference: 7 $ 261,585 17,439 $ 15.00 $ 15.00 $ 15.00 $ 0.00 ASSESSMENT ROLL The individual 1999-00 assessments, tabulated by Assessor's parcel number, are shown on an Assessment Roll on file in the Office of the City Clerk of the City of Diamond Bar as Exhibit "C" and are made a part of this report by reference. (The Assessment Roll is not included in this report due to its volume.) Dated: 2 , 1999 GFB-FRIEDRICH & ASSOC., INC. Y17 NO. 27861 EXP • * )61N A. FRIEDRIC 1}— CIVIL _.�Q RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE ENGINEER'S REPORT FILED PURSUANT TO SECTION 22623 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE WITH RESPECT TO THE CITY OF DIAMOND BAR ASSESSMENT DISTRICT NO. 38; AND DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR CERTAIN LANDSCAPING MAINTENANCE WITHIN SAID DISTRICT FOR FISCAL YEAR 1999-00; AND FIXING A TIME AND PLACE FOR A HEARING OF OBJECTIONS THEREON. A. RECITALS. (i) Heretofore the City of Diamond Bar Assessment District No. 38 was created pursuant to Part 2 of Division 15 of the California Streets and Highways Code (§§ 22500, et. seq.). (ii) The City Engineer has prepared, filed with the City Clerk and presented to this Council a report relating to said assessment district pursuant to the provisions of the California Streets and Highways Code § 22623. (iii) All legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, THE City Council of the City of Diamond Bar does hereby find, determine and resolve as follows: 1. The Recitals, as set forth in Part A of this Resolution, are in all respects true and correct. 2. The above-described report submitted by the City Engineer relating to City of Diamond Bar Assessment District No. 38 is hereby approved as filed. 3. This Council hereby declares its intention to levy and collect assessments during fiscal year 1999-00 pursuant to Part 2 of Division 15 of the Streets and Highways Code of the State of California, known as the "Landscaping and Lighting Act of 1972," within that area designated "City of Diamond Bar Assessment District No. 38," as shown on Exhibit "A-1" attached hereto and incorporated herein by reference. 4. A general description of the improvements proposed for the aforementioned district is as follows: The installation, maintenance and servicing of landscaping and any facilities which are appurtenant thereto or which are necessary or convenient for the maintenance and servicing thereof, including but not limited to, repair, removal or replacement, grading, clearing, removal of debris, pruning, fertilization, pest control and weed control, and the installation or construction of appurtenant facilities, including curbs, gutters, walls, sidewalks or paving, or water, irrigation, drainage, or electrical facilities. Said installation, maintenance and servicing of the landscaping and installation, maintenance and servicing of related work shall be within the area of Assessment District No. 38 as shown on Exhibit "A-1." The location and type of improvement is shown on Exhibit "B-1," as attached hereto and incorporated herein by reference. 5. Reference is hereby made to the report of the City Engineer relating to the said assessment district hereinabove approved. Said report is on file with the City Clerk of the City of Diamond Bar and contains a full and detailed description of the improvements, the boundaries of the assessment district and contains the proposed assessments upon assessable lots and parcels of land within City of Diamond Bar Assessment District No. 38 for fiscal year 1999-00. Said proposed assessment per lot is the amount of $15.00, the same amount which was levied in fiscal year 1998-99. 6. This Council hereby fixes 7:00 p.m. on June 15. 1999 in the South Coast Air Quality Management District Auditorium, 21865 East Copley Drive, Diamond Bar, California, as the time and place for a hearing before this Council on this question of the levy of the proposed assessments on assessable lots with City of Diamond Bar Assessment District No. 38 for fiscal year 1999-00 and hereby gives notice of said hearing. 7. The City Council hereby determines and declares that the proposed assessments constitute a continuation of assessments existing on the effective date of Article XIIID of the California Constitution, that the assessments are imposed exclusively to finance the capital costs and maintenance and operation expenses for streets and sidewalks and that the assessments are exempt from the requirements of Article XIIID, Section 9 of the California Constitution. 3 8. The City Clerk shall: (a) Certify to the adoption of this Resolution; and (b) Cause a true and correct copy of this Resolution to be published pursuant to California Government Code § 6061. PASSED, ADOPTED AND APPROVED this day of , 1999. Mayor 4 I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at the regular meeting of the City Council of the City of Diamond Bar held on the day of the following Roll Call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Lynda Burgess, City Clerk City of Diamond Bar 61 , 1999, by - = VF \ CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Honorable Mayor and Members of the City Council MEETING DATE: May 18, 1999 REPORT DATE: May 12, 1999 FROM: Terrence L. Belanger, City Manager TITLE: Landscaping Assessment District Number 39. SUMMARY: Pursuant to the City Council's direction of February 16, 1999 staff has prepared the Engineer's Report for District Number 39 for the 1999.00 Fiscal Year. Said report has been prepared pursuant to the provisions of the Landscaping and Lighting Act of 1972 of Part 2 of Division 15 of the Streets and Highways Code of the State of California The amount to be assessed for Fiscal Year 1999-00 is to ruin at $130.00 per parcel. RECOMMENDATION: It is recommended that the City Council approve the Engineer's Report, adopt the attached Resolution to declare the City's ktartion to levy and collect assessments for District Number 39 and direct the City Ckrk to advertise the public hearing before the Council at the second regular meeting of June, 1999. LIST OF ATTACHMENTS: _i Staff Report X Resolution(s) _ Ordinances(s) _ Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: _ Public Hearing Notification _ Bid Specification (m se in atr cam•, omen X Other: End_ =s Report 1. Has the resolution, ordinance or agreement been reviewed by the City Attomey? 2. Does the report rgpire a n4ority or 4/5 vote? 3. Has environmental impact boon assessed? 4. Has the report been reviewed by a Commission? Which Commission? 5. Are other departments affected by the report? Report discussed with the following affected departments: REVIEWED BY: Vger V )TenAceL. B City Manager James DeStefano Deputy City Manager X Yes —No Majority N/A _ Yes _ No N/A _ Yes _ No _Yes _XNo DeMd G. Liu Deputy Director of Public Works MEETING DATE: TO: FROM: SUBJECT: ISSUE STATEMENT: CITY COUNCIL REPORT AGENDA NO. _ May 18, 1999 Honorable Mayor and Members of the City Council Terrence L. Belanger, City Manager Landscaping Assessment District Number 39 Pursuant to the City Council's direction of February 16, 1999, staff has prepared the Engineer's Report for District Number 39 for the 1999-00 Fiscal year. RECOMMENDATION: It is recommended that the City Council approve the Engineer's Report, adopt the attached Resolution to declare City's intention to levy and collect assessinants for District Number 39; and direct the City Clerk to advertise the public hearing before the Council of the second regular meeting of June, 1999. FINANCIAL SUMMARY: The revenues generated by this District are proposed to pay for it. There will be no impact on the City's General Funds. BACKGROUND/DISCUSSION: The attached Engineer's Report for the City's Landscaping Assessment District Number 39, which is prepared pursuant to provisions of the Landscaping and Lighting Act of 1972 of Part 2 of Division 15 of the Streets and Highways Code of the State of California, includes authority for the report, estimated costs of improvements, a diagram for the District and the assessments. The estimated number of parcels within the existing District is 1,269 parcels. The amount assessed upon the lands within District Number 39 for Fiscal Year 1998-99 was $130.00 per parcel. The amount to be assessed for Fiscal Year 1999-00 is to ransin at $130.00 per parcel. The assessments will be utilized towards the general maintenance of City's medians and parkways. This proposed assessment has been determined to be apt from the provisions of Proposition 218 as set forth in section 5 (a): Any assessment imposed exclusively to finance the capital costs or maintenance and operation expenses for sidewalks, streets, sewers, water, flood control drainage systems or vector control. Prepared By: David G. Liu RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE ENGINEER'S REPORT FILED PURSUANT TO SECTION 22623 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE WITH RESPECT TO THE CITY OF DIAMOND BAR ASSESSMENT DISTRICT NO. 39; AND DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR CERTAIN LANDSCAPING MAINTENANCE WITHIN SAID DISTRICT FOR FISCAL YEAR 1999-00; AND FIXING A TIME AND PLACE FOR A HEARING OF OBJECTIONS THEREON. A. RECITALS. (i) Heretofore the City of Diamond Bar Assessment District No. 39 was created pursuant to Part 2 of Division 15 of the California Streets and Highways Code (§§ 22500, et. seq.). (ii) The City Engineer has prepared, filed with the City Clerk and presented to this Council a report relating to said assessment district pursuant to the provisions of the California Streets and Highways Code § 22623. (iii) No substantial changes in existing improvements are proposed for said Assessment District No. 39. (iv) All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION. NOW, THEREFORE, THE City Council of the City of Diamond Bar does hereby find, determine and resolve as follows: 1. The Recitals, as set forth in Part A of this Resolution, are in all respects true and correct. 2. The above-described report submitted by the City Engineer relating to City of Diamond Bar Assessment District No. 39 is 1 hereby approved as filed. 3. This Council hereby declares its intention to levy and collect assessments during fiscal year 1999-00 pursuant to Part 2 of Division 15 of the Streets and Highways Code of the State of California, known as the "Landscaping and Lighting Act of 1972," within that area designated "City of Diamond Bar Assessment District No. 39," as shown on Exhibit "A-2" attached hereto and incorporated herein by reference. 4. A general description of the improvements proposed for the aforementioned district is as follows: The maintenance and servicing of landscaping and any facilities which are appurtenant thereto or which are necessary or convenient for the maintenance and servicing thereof, including but not limited to, repair, removal or replacement, grading, clearing, removal of debris, pruning, fertilization, pest control and weed control, and the installation or construction of appurtenant facilities, including curbs, gutters, walls, sidewalks or paving, or water, irrigation, drainage, or electrical facilities. Said maintenance and servicing of the landscaping and installation, maintenance and servicing of related work shall be within the area of Assessment District No. 39 as shown on Exhibit "A-2." The location and type of improvement is shown on Exhibit "B-2," as attached hereto and incorporated herein by reference." 2 5. Reference is hereby made to the report of the City Engineer relating to the said assessment district hereinabove approved. Said report is on file with the City Clerk of the City of -Diamond Bar and contains a full and detailed description of the improvements,. the boundaries of the assessment district and contains the proposed assessments upon assessable lots and parcels of land within City of Diamond Bar Assessment District No. 39.for fiscal year 1999-00. Said proposed assessment per lot is the amount of $130.00, the same amount which was levied in fiscal year 1998-99. 6. This Council hereby fixes 7:00 p.m. on June 15, 1999 in the South Coast Air Quality Management District Auditorium, 21865 East Copley Drive, Diamond Bar, California, as the time and place for a hearing before this Council on this question of the levy of the proposed assessments on assessable lots with City of Diamond Bar Assessment District No. 39 for fiscal year 1999-00 and hereby gives notice of said hearing. 7. The City.Council hereby determines and declares that the proposed assessments constitute a continuation of assessments existing on the effective date of Article XIIID of the California Constitution, that the assessments are imposed pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment was initially imposed and that the assessments are exempt from the requirements of Arti-cle XIIID, Section 4 of the California Constitution. 3 8. The City Clerk shall: (a) Certify to the adoption of this Resolution; and (b) Cause a true and correct copy of this Resolution to be published pursuant to California Government Code § 6061. PASSED, ADOPTED AND APPROVED this day of Mayor 4 1999. I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that•the foregoing Resolution was passed, approved and adopted at the regular meeting of the City Council of the City of Diamond Bar held on the day of 1999, by the following Roll Call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Lynda Burgess, City Clerk City of Diamond Bar 5 EXHIBIT "A-2" ASSESSMENT DIAGRAM ASSESSMENT DISTRICT N0.39 FISCAL YEAR 1999- 00 for the CITY OF DIAMOND BAR. 1Lrt RW Rw1wIEn I� THE CDT O p9LOD 9u SMEETIOFISMEET —1 FDII EACH LOT OR FAILCEL *1710% THE SESSOR'S FAIEEL RLMIER AS ASSIGNED 91 IHF -5 ASSESSOR'S MICE DSIOES FLM EACH LOT 011 "REEL OF LARD wOHRI 1oR9N DN'- AgEi1— "ACEL MARS OH FILE n OS ANOELES COLMTY Atl[— F THE CITY CLERK O THE CITY OF OIAKFDIEO ANOFLES. STATE OF CALIFORNIA. THIS 19_ CITY CLERK OF THE CITY OF DMMCND SAN IF THE COUNTY AUDITOR COUNTY OF LOS L -OMNIA, THIS DAT OF 19 CITY CLERK OF TEN CITY OF —%FOHO NAR EXHIBIT "B-2" SHEET I OF I SHEET ASSESSMENT DISTRICT NO. 39 FISCAL YEAR 1999-00 for the CITY OF DIAMOND •' � ,�g11U 0-1 PARK LEGEND SOUNDARY BRUSH SLOPES kAPt 1��/14U n( • 9°�+ •,;_ ��I' —: ems_ -, ,� A(►i • \ ..� ♦ . � � p Ij moi' i•�� a� �� ,. _�! .111 �•� SII ../'q1/ � � �� t • V"�Lz .�I/ •fib•♦ i � �\ I� �� =� � i Uin ,///I///� `�, � ��!i�� , ,•., :iii �� '� uuiq:• ,�� ///�' �♦�,♦ Imo+ :'�I••��• ., �� _��// •,�t•♦ j�I,� I♦'�1 ENGINEER'S REPORT Update of ASSESSMENT DISTRICT NO. 39 Fiscal Year 1999-00 CITY OF. DIAMOND BAR Preliminary: May 18, 1999 Prepared by: GFB-FRIEDRICH & ASSOC., INC. 6529 Riverside Avenue, Suite 230 Riverside, CA 92506 TABLE OF CONTENTS INTRODUCTION BOUNDARIES OF DISTRICT IMPROVEMENTS Landscaping FINANCIAL ANALYSIS Revenue Appropriations METHOD OF APPORTIONMENT ASSESSMENT ASSESSMENT ROLL EXHIBITS Exhibit "A-2" - Assessment Diagram Exhibit "B-2" - Improvement Map 1 2 3 4 5 6 7 INTRODUCTION Pursuant to the order of the City Council of the City of Diamond Bar, this report is prepared in compliance with the requirements of Article 4, Chapter 1, Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code -of the State of California. This report presents the engineering analysis for the 1999-00 Fiscal Year for the district known as: ASSESSMENT DISTRICT NO. 39 CITY OF DIAMOND BAR (Hereinafter referred to as "District"). This District, by special benefit assessments, provides funding for the maintenance of landscaped areas owned by the City of Diamond Bar which are located in public rights-of-way within the City of Diamond Bar. Section 22573, Landscaping and Lighting Act of 1972, requires assessments to be levied according to benefit rather than according to assessed value. The section states: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated special benefits to be received by each such lot or parcel from the improvements. The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 (commencing with Section. 5000)) [of the Streets and Highways Code, State of California] . " As the assessments are levied on the basis of benefit, they are considered a user's fee, not a tax, and, therefore, are not governed by Article XMA of the California Constitution. Properties owned by public agencies, such as a city, county, state or the federal government, are not assessable by law. BOUNDARIES OF DISTRICT The boundary of the District is shown on the Assessment Diagram (on file in the office of the City Clerk at the City Hall of Diamond Bar as Exhibit "A-2"). All parcels of real property included within the District are described in detail on maps on file in the Los Angeles County Assessor's office. 2 1WROVEMENTS The facilities and items of servicing and maintenance included within the District are as follows: Servicing means the furnishing of water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements. Maintenance means the furnishing of services and materials for ' the ordinary and usual maintenance, operation and servicing of any improvement, including: 1. Repair, removal or replacement of all or any part of any landscape improvement. 2. Providing for the life, growth, health and beauty of landscaping, including without limitation, cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury. 3. The removal of trimmings, rubbish, debris and other solid waste. The purpose of Assessment District No. 39 is for the maintenance and servicing of mini -parks, slopes and open spaces within the District. Exhibit "&2," attached hereto, shows the location and extent of the landscaping improvements to be maintained by the proceeds from this assessment district. 3 FINANCIAL ANALYSIS The estimated funding for maintenance and servicing of landscaping for the update of Assessment District No. 39 for the 1999-00 Fiscal Year is as follows: Reserve Fund Balance (from FY 1998-99) $ 155,681 Property Tax and Assessments 164,970 Interest Revenue 6.000 TOTAL $ 326,651 Personal Services Salaries $ 6,980 City Paid Benefits 100 Benefits 930 Worker's Compensation Expense 150 Medicare Expense 110 Cafeteria Benefits 1,100 Operating Expenses Advertising 700 Utilities 59,200 Maintenance -Grounds & Bldg. 15,000 Professional Services 6,200 Contract Services 47,900 Capital Improvements ` 4,500 Reserve for Future Capital Improvements 183.781 TOTAL $ 326,651 Replace irrigation controller clocks (4 @ $1,125/each) Plans and specifications showing the general nature, location and extent of the proposed improvements are on file in the office of the City Clerk and available for public inspection. 4 METHOD OF APPORTIONMENT The net amount to be assessed upon lands within the District in accordance with this report is apportioned by a formula and method which fairly distributes the amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each lot or parcel from the improvements, namely the maintenance and servicing of public landscaping improvements within such District. The maintenance and servicing of public landscaping improvements installed and constructed in public places in the City of Diamond Bar .provides a special benefit which is received by each and every lot or parcel within the District, tending to enhance their value. The primary benefits of landscaping are as set forth below: Beautification of the streets which are used by all of the residents in Diamond Bar. 2. Public parks which can be utilized and enjoyed by all residents within the District. 3. A sense of community pride resulting from well-maintained green spaces. 4. The enhancement of the value of property which results from the foregoing benefits. Existing -land use information indicates that all of the parcels within the District are residences. Because the special .benefits derived apply equally to all residents and parcels, it has been determined that all assessable parcels would receive the same net assessment. 5 ASSESSMENT The amount to be assessed upon the lots and parcels within the District and the amount apportioned to each assessable parcel within the District is shown in the table below. Estimated Assessment Requirements: Estimated Number of Parcels: Estimated Assessment Per Parcel: 1998-99 Assessment Per Parcel: 1999-00 Assessment Per Parcel: Difference: M $ 164,970 1,269 $ 130.00 $ 130.00 $ 130.00 $ 0.00 ASSESSMENT ROLL The individual 1999-00 assessments, tabulated by Assessor's parcel number, are shown on an Assessment Roll on file in the Office of the City Clerk of the City of Diamond Bar as Exhibit "C" and are made a part of this report by reference. (The Assessment Roll is not included in this report due to its volume.) Dated:, 1999. . Z&X— Y- 0 9-- GFB-FRIEDRICH & ASSOC., INC. y T NO. 27861 . EXP CIVIL' Of CAt1F0 \P N A. FR IEDR1 7 • 1 • 1 • �: �V1111 �w►4.111pit it AC IMP •�`i ON wall ON sell fiiJ• ►�.��•:Ci1• %� .I7yr.��AL1\{IIS '♦♦��1►11 / lr ` ` ..._..rte .� J ,moi 111 % fit• �I�1�I�F,}=��• i 1�►: �O tMir o OWI 1 SHEET I OF I SHEET EXHIBIT "B-2" ASSESSMENT DISTRICT NO. 39 FISCALYEAR 1999-00 for the CITY OF DIAMOND • :7 �\IIIA LEGEND ASSESSMENT OMTWT BOUNDARY PARKS 6.95MKS TURF Acm r. soo ♦i�..r�inv 111/inn ��1�/�f•`�� ;:; �= � S /ice �' • � � .. aw/,_``� ��,0♦/moi �♦ �•�� .�•.��j •j � . ,.�`� ; � ..^ iI: ��•�\�`ii��j� �� Iii - �� 'u•, +�i, `��:� :� �� .O`\•�•��i�I•:. Pap♦' :ca::J, � ��•�� -'�':�,, ��• Brei ;tel � /••� �� .oulll � nUa■q 1j11I �i''••'i% _-° p iii _ '�.�� n..iq:1 y 1 RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE ENGINEER'S REPORT FILED PURSUANT TO SECTION 22623 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE WITH RESPECT TO THE CITY OF DIAMOND BAR ASSESSMENT DISTRICT NO. 39; AND DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR CERTAIN LANDSCAPING MAINTENANCE WITHIN SAID DISTRICT FOR FISCAL YEAR 1999-00; AND FIXING A TIME AND PLACE FOR A HEARING OF OBJECTIONS THEREON. A. RECITALS. (i) Heretofore the City of Diamond Bar Assessment District No. 39 was created pursuant to Part 2 of Division 15 of the California Streets and Highways Code (§§ 22500, et. seq.). (ii) The City Engineer has prepared, filed with the City Clerk and presented to this Council a report relating to said assessment district pursuant to the provisions of the California Streets and Highways Code § 22623. (iii) No substantial changes in existing improvements are proposed for said Assessment District No. 39. (iv) All legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, THE City Council of the City of Diamond Bar does hereby find, determine and resolve as follows: 1. The Recitals, as set forth in Part A of this Resolution, are in all respects true and correct. 2. The above-described report submitted by the City Engineer relating to City of Diamond Bar Assessment District No. 39 is 1 hereby approved as filed. 3. This Council hereby declares its intention to levy and collect assessments during fiscal year 1999-00 pursuant to Part 2 of Division 15 of the Streets and Highways Code of the State of California, known as the "Landscaping and Lighting Act of 1972," within that area designated "City of Diamond Bar Assessment District No. 39," as shown on Exhibit "A-2" attached hereto and incorporated herein by reference. 4. A general description of the improvements proposed for the aforementioned district is as follows: The maintenance and servicing of landscaping and any facilities which are appurtenant thereto or which are necessary or convenient for the maintenance and servicing thereof, including but not limited to, repair, removal or replacement, grading, clearing, removal of debris, pruning, fertilization, pest control and weed control, and the installation or construction of appurtenant facilities, including curbs, gutters, walls, sidewalks or paving, or water, irrigation, drainage, or electrical facilities. Said maintenance and servicing of the landscaping and installation, maintenance and servicing of related work shall be within the area of Assessment District No. 39 as shown on Exhibit "A-2." The location and type of improvement is shown on Exhibit "B-2," as attached hereto and incorporated herein by reference." E 5. Reference is hereby made to the report of the City Engineer relating to the said assessment district hereinabove approved. Said report is on file with the City Clerk of the City of Diamond Bar and contains a full and detailed description of the improvements, the boundaries of the assessment district and contains the proposed assessments upon assessable lots and parcels of land within City of Diamond Bar Assessment District No. 39 for fiscal year 1999-00. Said proposed assessment per lot is the amount of $130.00, the same amount which was levied in fiscal year 1998-99. 6. This Council hereby fixes 7:00 p.m. on June 15. 1999 in the South Coast Air Quality Management District Auditorium, 21865 East Copley Drive, Diamond Bar, California, as the time and place for a hearing before this Council on this question of the levy of the proposed assessments on assessable lots with City of Diamond Bar Assessment District No. 39 for fiscal year 1999-00 and hereby gives notice of said hearing. 7. The City Council hereby determines and declares that the proposed assessments constitute a continuation of assessments existing on the effective date of Article XIIID of the California Constitution, that the assessments are imposed pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment was initially imposed and that the assessments are exempt from the requirements of Article XIIID, Section 9 of the California Constitution. 3 8. The City Clerk shall: (a) Certify to the adoption of this Resolution; and (b) Cause a true and correct copy of this Resolution to be published pursuant to California Government Code § 6061. PASSED, ADOPTED AND APPROVED this day of Mayor 4 , 1999. I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at the regular meeting of the City Council of the City of Diamond Bar held on the day of 1999, by the following Roll Call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Lynda Burgess, City Clerk City of Diamond Bar 5 EXHIBIT "A-2" ASSESSMENT DIAGRAM ASSESSMENT DISTRICT N0.39 FISCAL YEAR 1999-00 forthe CITY OF DIAMOND BAR TRFt,tc FLM COMNET' a< Cm a GI51L510 Bu - SHEET 1 OF 1 SHEET R FOA .—L -ACEI wTHE ASSESSOR'S "RCE NUMBER AS ASSIGNEDBYTHE VGELES ASSESSOR'S OFFICE. IEN510M FOR EACH LOT OR PARCEL OF LAND 1I711 LNOWNON THEASSESSOR'5 PARCEL MAP50N FILE IN LDS ANGELES COUNTY ASSESSOR. OF THE CITY CLERK OF THE CITY CF DIAMOND 5 ANGELES. STATE Of CALIFORNIA, THIS _ 18 CITY CL RK OF THE CITY OF DIAMOND BAR OF THE COUNTY AUDITOR, COUNTY OF LOS CALIFORNIA. THIS DAY OF 1S_ GF6=FRlEDRICH & ASSOC., INC. ENGINEER'S REPORT Update of ASSESSMENT DISTRICT NO. 39 Fiscal Year 1999-00 CITY OF, DIAMOND BAR Preliminary: May 18, 1999 Prepared by: GFB-FRIEDRICH & ASSOC., INC. 6529 Riverside Avenue, Suite 230 Riverside, CA 92506 TABLE OF CONTENTS INTRODUCTION BOUNDARIES OF DISTRICT 2 IMPROVEMENTS 3 Landscaping FINANCIAL ANALYSIS 4 Revenue Appropriations METHOD OF APPORTIONMENT 5 ASSESSMENT 6 ASSESSMENT ROLL 7 EXHIBITS Exhibit "A-2" - Assessment Diagram Exhibit "B-2" - Improvement Map INTRODUCTION Pursuant to the order of the City Council of the City of Diamond Bar, this report is prepared in compliance with the requirements of Article 4, Chapter 1, Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of the State of California. This report presents the engineering analysis for the 1999-00 Fiscal Year for the district known as: ASSESSMENT DISTRICT NO. 39 CITY OF DIAMOND BAR (Hereinafter referred to as ""District") This District, by special benefit assessments, provides funding for the maintenance of landscaped areas owned by the City of Diamond Baz which are located in public rights-of-way within the City of Diamond Bar. Section 22573, Landscaping and Lighting Act of 1972, requires assessments to be levied according to benefit rather than according to assessed value. The section states: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated special benefits to be received by each such lot or parcel from the improvements. The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 (commencing with Section 5000)) [of the Streets and Highways Code, State of California]." As the assessments are levied on the basis of benefit, they are considered a user's fee, not a tax, and, therefore, are not governed by Article XMA of the California Constitution. Properties owned by public agencies, such as a city, county, state or the federal government, are not assessable by law. BOUNDARIES OF DISTRICT The boundary of the District is shown on the Assessment Diagram (on file in the office of the City Clerk at the City Hall of Diamond Bar as Exhibit "A-2"). All parcels of real property included within the District are described in detail on maps on file in the Los Angeles County Assessor's office. 2 IMPROVEMENTS The facilities and items of servicing and maintenance included within the District are as follows: Landscaping Servicing means the furnishing of water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements. Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of any improvement, including: 1. Repair, removal or replacement of all or any part of any landscape improvement. 2. Providing for the life, growth, health and beauty of landscaping, including without limitation, cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury. 3. The removal of trimmings, rubbish, debris and other solid waste. The purpose of Assessment District No. 39 is for the maintenance and servicing of mini -parks, slopes and open spaces within the District. Exhibit "B-2," attached hereto, shows the location and extent of the landscaping improvements to be maintained by the proceeds from this assessment district. 91 FINANCIAL ANALYSIS The estimated funding for maintenance and servicing of landscaping for the update of Assessment District No. 39 for the 1999-00 Fiscal Year is as follows: Reserve Fund Balance (from FY 1998-99) $ 155,681 Property Tax and Assessments 164,970 Interest Revenue -1 fk^f% TOTAL $ 326,651 App=riations Personal Services Salaries $ 6,980 City Paid Benefits 100 Benefits 930 Worker's Compensation Expense 150 Medicare Expense 110 Cafeteria Benefits 1,100 Operating Expenses Advertising 700 Utilities 59,200 Maintenance -Grounds & Bldg. 15,000 Professional Services 6,200 Contract Services 47,900 Capital Improvements ' 4,500 Reserve for Future Capital Improvements 183.781 TOTAL $ 326,651 Replace irrigation controller clocks (4 @ $1,125/each) Plans and specifications showing the general nature, location and extent of the proposed improvements are on file in the office of the City Clerk and available for public inspection. 4 METHOD OF APPORTIONMENT The net amount to be assessed upon lands within the District in accordance with this report is apportioned by a formula and method which fairly distributes the amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each lot or parcel from the improvements, namely the maintenance and servicing of public landscaping improvements within such District. The maintenance and servicing of public landscaping improvements installed and constructed in public places in the City of Diamond Bar provides a special benefit which is received by each and- every lot or parcel within the District, tending to enhance their value. The primary benefits of landscaping are as set forth below: 1. Beautification of the streets which are used by all of the residents in Diamond Bar. 2. Public parks which can be utilized and enjoyed by all residents within the District. 3. A sense of community pride resulting from well-maintained green spaces. 4. The enhancement of the value of property which results from the foregoing benefits. Existing land use information indicates that all of the parcels within the District are residences. Because the special benefits derived apply equally to all residents and parcels, it has been determined that all assessable parcels would receive the same net assessment. 5 ASSESSMENT The amount to be assessed upon the lots and parcels within the District and the amount apportioned to each assessable parcel within the District is shown in the table below. Estimated Assessment Requirements: Estimated Number of Parcels: Estimated Assessment Per Parcel: 1998-99 Assessment Per Parcel: 1999-00 Assessment Per Parcel: Difference: M $164,970 1,269 $ 130.00 $ 130.00 $ 130.00 $ 0.00 ASSESSMENT ROLL The individual 1999-00 assessments, tabulated by Assessor's parcel number, are shown on an Assessment Roll on file in the Office of the City Clerk of the City of Diamond Bar as Exhibit "C" and are made a part of this report by reference. (The Assessment Roll is not included in this report due to its volume.) Dated: , 1999 GFB-FRIEDRICH & ASSOC., INC. 01 p FR�FOq Fes, � Z NO. 27861 EXP CIVI � N A. FRIEDRIC Of CALIF 7 EXHIBIT "A-2" ASSESSMENT DIAGRAM ASSESSMENT DISTRICT N0.39 FISCAL YEAR 1999-00 forthe CITY OF DIAMOND BAR THe c of duvo w SHEET 10F 1 SHEET ' HUMBER FOR EACH LOT OR PARCEL WITHIN TNF ESSESSOR'E PARCEL NUMBER AS ASSIGNED BY THE NGELES ASSESSOR'S DFFICE. AEHSIONS FOR EACH LOT OR PARCEL OF LAND wITMN MIOWNON THE ASSESSOR'S PARCEL MAPS ON FRE IN E LOS ANGELES COLWTY ASSESSON OF THE CITY CLERK OF THE COY OF NAZI )S ANGELES, STATE OF CALIFORNIA. THIS CITY CLERK DF THE CITY OF DIAMOND BAR E OF THE COUNTY AUDITOR. COUNTY OF LOS CALIFORNIA. THIS DAY OF 1B CITY CLERK OF THE CITY DF DIAMOND BAR GFB-FRIEDRICH & ASSOC., WC. • is �� m, �1111upi nl ff.�� q?�� •� n it Rp Xlt —01221R. ♦ . � SNI ., IGiiiJf .,fir i •+ • ..rte '�/'.� A nnu-�'�q��r ..'�� ../ice .� ��•`� I oil iifr11111 lull SIR •1•�1C�`I�� •11 �� list Sic ik •� �, I ��• • � "� ` /I\ �_1=C �� olio,% .�!/j �,��``� .�S• ��uN � •�� is 4 1 I �11� CITY OF DIAMOND BAR AGENDA NO. C�'C AGENDA REPORT TO: Honorable Mayor and Mks of the City Council MEETING DATE: May 19, 1999 REPORT DATE: May 12, 1999 FROM: Terrence L. B er, City Manager TITLE: Landscaping Assessment District Number 41. SUMMARY: Pursuant to the City Council's direction of February 16, 1999 staff has Prepared the Engineer's Report for District Number 41 for the 1999-00 Fiscal Year- Said report has been prepared pursuant to the Provisions of the Landscaping and Lighting Act of 1972 of Part 2 of Division 15 of the Streets and Highways Code of the State of California. The amount to be assessed for Fiscal Year 1999-00 is to remain at $220.50 per parcel. RECOMMENDATION: It is recommended that the City Council approve the Engineer's Report, adopt the attached Resolution to declare the City's intention to levy and collect assessments for District Number 41 and direct the City Clerk to advertise the public hearing before the Council at the second regular meeting of June, 1999. LIST OF ATTACHMENTS: X Staff Report X R;esoluti*s) _ Ordinatrces(s) _ Agreemw*s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: _ Public Hearing Notification _ Bid Specification tou ft in car cry: oefia> X Other: 's Re�4 1. Has the resolution, ordinance or agreement been reviewed X Yes —No by the City Attorney? Majority 2. Does the report require a majority or 4/5 vote? N/A Yes _ No 3. Has environmental impact been assessed? N/A _ Yes _ No 4. Has the report been reviewed by a Commission? Winch Commission? Yes X No 5. Are other departments affected by the report? Report discussed with the following affected departments: REVIEWED BY: surd G. Liu MenceeL. erJames DeStefano Director of Public Works City Manager Deputy City Manager Deputy MEETING DATE TO: FROM: SUBJECT: ISSUE STATEMENT: CITY COUNCIL REPORT AGENDA NO. — May 18, 1999 Honorable Mayor and Members of the City Council Terrence L. Belanger, City Manager Landscaping Assessment District Number 41 Pursuant to the City Council's direction of February 16, 1999, staff has prepared the Engineer's Report for District Number 41 for the 1999-00 Fiscal year. RECOMMENDATION: It is recommended that the City Council approve the Engineer's Report, adopt the attached Resolution to declare City's intention to levy and collect assessummu for District Number 41; and direct the City Clerk to advertise the public hearing before the Council of the second regular meeting of June, 1999. FINANCIAL SUMMARY: The revenues generated by this District are proposed to pay for it. There will be no impact on the City's General Funds. BACKGROUND/DISCUSSION: The attached Engineer's Report for the City's Landscaping Assessment District Number 41, which is prepared pursuant to provisions of the Landscaping and Lighting Act of 1972 of Part 2 of Division 15 of the Streets and Highways Code of the State of California, includes authority for the report, estimated costs of improvements, a diagram for the District and the assessments. The estimated number of parcels within the existing District is 554 parcels. The amount assessed upon the lands within District Number 41 for Fiscal Year 199&99 was $220.50 per parcel. The amount to be assessed for Fiscal Year 1999-00 is to reanain at $220.50 per parcel. The assessments will be utilized towards the general maintenance of City's medians and parkways. This proposed assessment has been determined to be exempt from the provisions of Proposition 218 as set forth in section 5 (a): Any assessment imposed exclusively to funaoce the capital costs or maintenance and operation expenses for sidewalks, streets, sewers, water, flood control drainage systems or vector control. Prepared By: David G. Liu RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE ENGINEER'S REPORT FILED PURSUANT TO SECTION 22623 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE WITH RESPECT TO THE CITY OF DIAMOND BAR ASSESSMENT DISTRICT NO. 41; AND DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR CERTAIN LANDSCAPING MAINTENANCE WITHIN SAID DISTRICT FOR FISCAL YEAR 1999-00; AND FIXING A TIME AND,PLACE FOR A HEARING OF OBJECTIONS THEREON. A. RECITALS. (i) Heretofore the City of Diamond Bar Assessment District No. 41 was created pursuant to Part 2 of Division 15 of the California Streets and Highways Code (§§ 22500, et. seq.). (ii) The City Engineer has prepared, filed with the City Clerk and presented to this Council a report relating to said assessment district pursuant to the provisions of the California Streets and Highways Code § 22623. (iii) No substantial changes in existing improvements are proposed for said Assessment District No. 41. (iv) All legal prerequisites to the adoption of this Resolution have occurred.. NOW, THEREFORE, THE City Council of the City of Diamond Bar does hereby find, determine and resolve as follows: 1. The Recitals as set forth in Part A of this Resolution, are in all respects true and correct. 2. The above-described report submitted by the City Engineer relating to City of Diamond Bar Assessment District No. 41 is 1 hereby approved as filed. 3. This Council hereby declares its intention to levy and collect assessments during fiscal year 1999-00 pursuant to Part 2 of Division 15 of the Streets and Highways Code of the State of California, known as the "Landscaping and Lighting Act of 1972," within that area designated "City of Diamond Bar Assessment District No. 41," as shown on Exhibit "A-3" attached hereto and incorporated herein by reference. 4. A general description of the improvements proposed for the aforementioned district is as follows: The maintenance and servicing of landscaping and any facilities which are appurtenant thereto or which are necessary or convenient for the maintenance and servicing thereof, including but not limited to, repair, removal or replacement, grading, clearing, removal of debris, pruning, fertilization, pest control and weed control, and the installation or construction of appurtenant facilities,. including curbs, gutters, walls, sidewalks or paving, of water, irrigation, drainage, or electrical facilities. Said maintenance and servicing of the landscaping and installation, maintenance and servicing of related work shall be within the area of Assessment District No. 41 as shown on Exhibit "A-3." The location and type of improvement is shown on Exhibit "B-3," as attached hereto and incorporated herein by reference." N 5. Reference is hereby made to the report of the City Engineer relating to the said assessment district hereinabove approved.' Said report is on file with the City Clerk of the City of Diamond Bar and contains a full and detaileddescription of the improvements, the boundaries of the assessment district and contains the proposed assessments upon assessable lots and parcels of land within City of Diamond Bar Assessment District No. 41 for fiscal year 1999-00. Said proposed assessment per lot is the amount of $220.50, the same amount which was levied in fiscal year 1998 -99. 6. This Council hereby fixes 7:00 p.m. on June 15, 1999 in the South Coast Air Quality Management District Auditorium, 21865 East Copley Drive, Diamond Bar, California, as the time and place for a hearing before this Council on this question of the levy of the proposed assessments on assessable lots with City of Diamond Bar Assessment District No. 41 for fiscal year 1999-00 and hereby gives notice -of .said hearing. 7. The City Council hereby determines and declares that the proposed assessments constitute a continuation of assessments existing on the effective date of Article XIIID of the California Constitution, that the assessments are imposed pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment was initially imposed and that the assessments are exempt from the requirements of Article 3 XIIID, Section 4 of the California Constitution. 8. The City Clerk shall: (a) Certify to the adoption of this Resolution; and (b) Cause a true and correct copy of this Resolution to be published pursuant to California Government Code § 6061. PASSED, ADOPTED AND APPROVED this day of Mayor 4 1999. I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at the regular meeting of the City Council of the City of Diamond Bar held on the day of 1999. by the following Roll Call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Lynda Burgess, City Clerk City of Diamond Bar 5 BMEET 1 OF 13MEET EXHIBIT "A-3" ASSESSMENT DIAGRAM ASSESSMENT DISTRICT N0.41 FISCAL YEAR 1999- 00 for the CITY OF DIAMOND BAR -T .aslswFAi'arw EACH for w rAAtEE wrtFw rM! muM*r m Eos AFAuua Aaw AAceT "�A As AasF.WEn n TM[ saoAs oFMc! TME OMESAWOOwlEF.Fpy FOa l.GM Lm w FAACa! of F,AFFp wrtFw.Y iFW orsT.n Age EFFpww W rMe Asuuora aAUE FEAn O-Fse- M OFF4CE OF TM[ LOS AFAIlLlS Cq-ry A.9E-OIF =w= � �nuntn a mW-.ssA MFC EOO u!o FMtO - TME O -CE OF TME CM CLFAK OF TWE CRY OF OFAtl Y.. COWRY OF"A L[S. STATE OF CAE.OIIIIA, TWS OAY DF IE CRY ttE.a OF IMF CRY OF NAN "A FMEO -TME AglES.SOoE COAFETMMry9 AWITOS. CONOF WS oAY OF 9_. CRY CtElw— OF TMj C., OF VAM EA. GFB-FRIEDRICH & ASSOC. INC. SHEET 10F 1 SHEET EXHIBIT "B-3" ASSESSMENT DISTRICT N0.41 FISCAL YEAR 1999-00 for the CITY OF DIAMOND BAR tJ .. 1� If � u , E fC4E. r. ]00' • 1 1 { ,v { LEGEND . nt �+ �•� ASSESSMENT CESTWCT BOUNDARY ...........::: BRUSH &M AOKI SLOPES mcs. TURF IT.M. Ar. J 'eME -r caRrtn o r«E cm a prop S.: GFB-FRIEDRICH & ASSOC.. INC. i ]oo —� ENGINEER'S REPORT Update of ASSESSMENT DISTRICT NO. 41 Fiscal Year 1999-00 CITY OF DIAMOND BAR preliminary: May 18, 1999 Prepared by: GFB-FRIEDRICH & ASSOC., INC. 6529 Riverside Avenue, Suite 230 Riverside, CA 92506 TABLE OF CONTENTS INTRODUCTION I BOUNDARIES OF DISTRICT 2 IMPROVEMENTS 3 Landscaping FINANCIAL ANALYSIS 4 Revenue Appropriations METHOD OF APPORTIONMENT 5 ASSESSMENT 6 ASSESSMENT ROLL 7 EXHIBITS Exhibit "A-3" - Assessment Diagram Exhibit "B-3" - Improvement Map INTRODUCTION Pursuant to the order of the City Council of the City of Diamond Bar, this report is prepared in compliance with the requirements of Article 4, Chapter 1, Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of the State of California. This report presents the engineering analysis for the 1999-00 Fiscal Year for the district known As: - ASSESSMENT DISTRICT NO. 41 CITY OF DIAMOND BAR (Hereinafter referred to as "District"). This District, by special benefit assessments, provides funding for the maintenance of landscaped areas owned by the City. of Diamond Bar which are located in public rights-of-way within the City of Diamond Bar. Section 22573, Landscaping and Lighting Act of 1972, requires assessments to be levied according to benefit rather than according to assessed value. The section states: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated special benefits to be received by each such lot or parcel from the improvements. The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 (commencing with Section. 5000)) [of the Streets and Highways Code, State of California] . " As the assessments are levied on the basis of benefit, they are considered a user's fee, not a tax, and, therefore, are not governed by Article XIIIA of the California Constitution. Properties owned by public agencies, such as a city, county, state or the federal government, are not assessable by law. BOUNDARIES OF DISTRICT The boundary of the District is shown on the Assessment Diagram (on file in the office of the City Clerk at the City Hall of Diamond Bar as Exhibit "A-3"). All parcels of real property included within the District are described in detail on maps on file in the Los Angeles County Assessor's office. 2 IMPROVEMENTS The facilities and items of servicing and maintenance included within the District are as follows: Servicing means the furnishing of water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements. Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of any improvement, including: 1. Repair, removal or replacement of all or any part of any landscape improvement. 2. Providing for the life, growth, health and beauty of landscaping, including without limitation, cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury. 3. The removal of trimmings, rubbish, debris and other solid waste. The purpose of Assessment District No. 41 is for the maintenance and servicing of mini -parks, slopes and open spaces within the District. Exhibit "B-3," attached hereto, shows the location and extent of the landscaping improvements to be maintained by the proceeds from this assessment district. 3 FINANCIAL ANALYSIS The estimated funding for maintenance and servicing of landscaping for the update of Assessment District No. 41 for the 1999-00 Fiscal Year is as follows: 1999-00 Revenue • Recceended Bud et Appropriation Fund Balance (from FY 1998-99) $279,615 Property Tax and Assessments 122,157 Interest Revenue —12.- TOTAL $ 413,772 Aj2propria io c Personal Services Salaries City Paid Benefits $ 6,980 Benefits 100 Worker's Compensation Expense 930 Medicare Expense 150 Cafeteria Benefits 110 Operating Expenses 1,100 Advertising Utilities 700 Maintenance -Grounds & Bldg 64'600 Professional Services 10,000 Contract Services • 7,340 Contract Services Weed/Pest Abatement 24,600 Capital Improvements ' 15,000 Reserve for Future Capital Improvements 18,500 6 •66 TOTAL $ 413,772 ' Includes replace irrigation controller clocks 4 tree Planting (1,000 each 1 -gal and 5 -gal trees) on open space slop Pe es ($ 4,000 ( ) Plans and specifications showing the general nature, location and extent of the proposed improvements are on file in the office of the City Clerk and available for public inspection. 4 METHOD OF APPORTIONMENT The net amount to be assessed upon lands within the District in accordance with this report is apportioned by a formula and method which fairly distributes the amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each lot or parcel from the improvements., namely the maintenance and servicing of public landscaping improvements within such District. The maintenance and servicing of public landscaping improvements installed and constructed in public places in the City of Diamond Bar, provides a special benefit which is received by each and every lot or parcel within the District, tending to enhance their value. The primary benefits of landscaping are as set forth below: Beautification of the streets which are used by all of the residents in Diamond Bar. 2. Public parks which can be utilized and enjoyed by all residents within the District. 3. A sense of community pride resulting from well-maintained green spaces. 4. The enhancement of the value of property which results from the foregoing benefits. Existing land use information indicates that all of the parcels within the District are residences. Because the special benefits derived apply equally to all residents and parcels, it has been determined that all assessable parcels would receive the same net assessment. ASSESSMENT The amount to be assessed upon the lots and parcels within the District and the amount apportioned to each assessable parcel within the District is shown in the table below. Estimated Assessment Requirements: $122,157 Estimated Number of Parcels: 554 Estimated Assessment Per Parcel: $ 220.50 1998-99 Assessment Per Parcel: $ 220.50 1999-00 Assessment Per Parcel: $ 220.50 Difference: CI ASSESSMENT ROLL The individual 1999-00 assessments, tabulated by Assessor's parcel number, are shown on an Assessment Roll on file in the Office of the City Clerk of the City of Diamond Bar as Exhibit "C" and are made a part of this report by reference. (The Assessment Roll is not included in this report due to its volume.) Dated: 2 , 1999 GFB-FRIEDRICH & ASSOC.,' INC. 7 EXHIBIT "A-3" ASSESSMENT DIAGRAM ASSESSMENT DISTRICT N0.41 FISCAL YEAR 1999- 00 for the CITY OF DIAMOND BAR �J lnF •SE"FRISHT MUW[. FM E•M LEi E. F.-1 - DISTRICT G THE AfEEEfOR'f F.KEI WWEE. Af •WEALD Ev THE COUNTY W LOS AAOEIES ASSESSOR, OFFICE 'HHEE MT.Iii..ED—b.D�__ THTIEEwuELi�wn�s FAL OF s� ALE w Vi^ THF —1C. CA M LDf •NELLts CEYAry •EAEEEEA. LLE BIA oms" w TAE Oo EF DYBOD BM o TOE Kee SHEETIOFISHEET SUED W THE OKRCE OE THE CITY CLERK OE THE CITY of p.RW1N0 YR, COULOY OF LOS ANCIALES. STATE K C.LNoI THIS DAY of IE_ CITY CLERK OF THE CITY OF OAMOAIO MP RILED W THE OFFICE Of THE COUNTY AUORpI, COUMY OF LOS ANGELES. STATE OF CALAO—A, THIS DAY OF, 19_. CITY CLEW OF THE CITY Of DIAMOND BAR GFB-FRIEDRICH & ASSOC., INC. SHEET 10F 1 SHEET EXHIBIT "B-3" ASSESSMENT DISTRICT N0.41 FISCAL YEAR 1999-00 for the CITY OF DIAMOND BAR "tet ') h SC4F. r . !Oo . , lb �v � LEGEND �.� .SSESSSENT DISTRICT IOU/DARr BRUSH am ws SLOPES TURF RAW v. J 'l.m [.R • Tx[ cm ar oR.a...I GFB-FRS- �gpg�CH wo -� RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE ENGINEER'S REPORT FILED PURSUANT TO SECTION 22623 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE WITH RESPECT TO THE CITY OF DIAMOND BAR ASSESSMENT DISTRICT NO. 41; AND DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR CERTAIN LANDSCAPING MAINTENANCE WITHIN SAID DISTRICT FOR FISCAL YEAR 1999-00; AND FIXING A TIME AND PLACE FOR A HEARING OF OBJECTIONS THEREON. A. RECITALS. (i) Heretofore the City of Diamond Bar Assessment District No. 41 was created pursuant to Part 2 of Division 15 of the California Streets and Highways Code (§§ 22500, et. seq.). (ii) The City Engineer has prepared, filed with the City Clerk and presented to this Council a report relating to said assessment district pursuant to the provisions of the California Streets and Highways Code § 22623. (iii) No substantial changes in existing improvements are proposed for said Assessment District No. 41. (iv) All legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, THE City Council of the City of Diamond Bar does hereby find, determine and resolve as follows: 1. The Recitals as set forth in Part A of this Resolution, are in all respects true and correct. 2. The above-described report submitted by the City Engineer relating to City of Diamond Bar Assessment District No. 41 is 1 hereby approved as filed. 3. This Council hereby declares its intention to levy and collect assessments during fiscal year 1999-00 pursuant to Part 2 of Division 15 of the Streets and Highways Code of the State of California, known as the "Landscaping and Lighting Act of 1972," within that area designated "City of Diamond Bar Assessment District No. 41," as shown on Exhibit "A-3" attached hereto and incorporated herein by reference. 4. A general description of the improvements proposed for the aforementioned district is as follows: The maintenance and servicing of landscaping and any facilities which are appurtenant thereto or which are necessary or convenient for the maintenance and servicing thereof, including but not limited to, repair, removal or replacement, grading, clearing, removal of debris, pruning, fertilization, pest control and weed control, and the installation or construction of appurtenant facilities,.. including curbs, gutters, walls, sidewalks or paving, or water, irrigation, drainage, or electrical facilities. Said maintenance and servicing of the landscaping and installation, maintenance and servicing of related work shall be within the area of Assessment District No. 41 as shown on Exhibit "A-3." The location and type of improvement is shown on Exhibit 11B-3." as attached hereto and incorporated herein by reference." E 5. Reference is hereby made to the report of the City Engineer relating to the said assessment district hereinabove approved. Said report is on file with the City Clerk of the City of Diamond Bar and contains a full and detailed description of the improvements, the boundaries of the assessment district and contains the proposed assessments upon assessable lots and parcels of land within City of Diamond Bar Assessment District No. 41 for fiscal year 1999-00. Said proposed assessment per lot is the amount of $220.50, the same amount which was levied in fiscal year 1998 -99. 6. This Council hereby fixes 7:00 p.m. on June 15, 1999 in the South Coast Air Quality Management District Auditorium, 21865 East Copley Drive, Diamond Bar, California, as the time and place for a hearing before this Council on this question of the levy of the proposed assessments on assessable lots with City of Diamond Bar Assessment District No. 41 for fiscal year 1999-00 and hereby gives notice of said hearing. 7. The City Council hereby determines and declares that the proposed assessments constitute a continuation of assessments existing on the effective date of Article XIIID of the California Constitution, that the assessments are imposed pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment was initially imposed and that the assessments are exempt from the requirements of Article M XIIID, Section 4 of the California Constitution. 8. The City Clerk shall: (a) Certify to the adoption of this Resolution; and (b) Cause a true and correct copy of this Resolution to be published pursuant to California Government Code § 6061. PASSED, ADOPTED AND APPROVED this day of Mayor 4 I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at the regular meeting of the City Council of the City of Diamond Bar held on the day of the following Roll Call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Lynda Burgess, City Clerk City of Diamond Bar 5 1999., by SHEET 10F 1 SHEET EXHIBIT "A-3" ASSESSMENT DIAGRAM ASSESSMENT DISTRICT N0.41 FISCAL YEAR 1999- 00 for the CITY OF DIAMOND BAR .. J �r r �- lo 1 fGIE: F . JOO' • . • fj I • fllEO d THE OFFICF OF THE CITY CLfRE OF THE COY OF gAMONO pAy. UNTY OF LOS ANOELFfi. STATF OF CwUFONNIA. THIS f_ CITY CLERK OF THF CITY OF DIAMOND BAR i1LEO M THE OFFICE OF THE COUNTY AUpTOq, COUNTY Of l0$ ANGELES. STATE OF CAUfORNIA. THIS DAY OF S_. lCRY CLERK OF THE CITY Of DIAMOND RAR MfilRICST EIS THEN AfiSfbSOR'fi FMCFLHMUNffR�A6AAKH1 [O E f1 THE COUHT' OF LOS ANOELE6 AffiEpOR'S OFFICE. THE OFFICICE OF CTAIk THE OFFICE ON THl Afflff011'f fARCfIM KDNfILE N (�^ LOS ANOELtf COU1rtY AglfgpR 7Rf: OY CWOESY R . TME OTr 6 TfR11Lf0.ER GFBFRIEDRICH foo ERo & ASSOC. INC. SHEET I OF I SHEET EXHIBIT "B-3" ASSESSMENT DISTRICT N0.41 FISCAL YEAR 1999-00 for the CITY OF DIAMOND BAR .. lb ■ 1 � • ■ � li ■ ■ I � �v ■ LEGEND • O -� ASSESSMENT OISTRICT SOIRDARY i ........... is BRUSH 3w ac�a R SLOPES :z �caca TURF n,soo ar. J y^; i ihE tlfY u� Ov■OE- ua GFH�FRIEDRICH ■" ,mo & ASSOC. INC. ENGINEER'S REPORT Update of ASSESSMENT DISTRICT NO. 41 Fiscal Year 1999-00 CITY OF DIAMOND BAR Preliminary: May 18, 1999 Prepared by: GFB-FRIEDRICH & ASSOC., INC. 6529 Riverside Avenue, Suite 230 Riverside, CA 92506 TABLE OF CONTENTS INTRODUCTION BOUNDARIES OF DISTRICT IMPROVEMENTS Landscaping FINANCIAL ANALYSIS Revenue Appropriations METHOD OF APPORTIONMENT ASSESSMENT ASSESSMENT ROLL EXHIBITS Exhibit "A-3" - Assessment Diagram Exhibit "B-3" - Improvement Map Page 1 2 3 4 5 6 7 INTRODUCTION Pursuant to the order of the City Council of the City of Diamond Bar, this report is prepared in compliance with the requirements of Article 4, Chapter 1, Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of the State of California. This report presents the engineering analysis for the 1999-00 Fiscal Year for the district known as: ASSESSMENT DISTRICT NO. 41 CITY OF DIAMOND BAR (Hereinafter referred to as "District") This District, by special benefit assessments, provides funding for the maintenance of landscaped areas owned by the City of Diamond Bar which are located in public rights-of-way within the City of Diamond Bar. Section 22573, Landscaping and Lighting Act of 1972, requires assessments to be levied according to benefit rather than according to assessed value. The section states: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated special benefits to be received by each such lot or parcel from the improvements. The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 (commencing with Section 5000)) [of the Streets and Highways Code, State of California]." As the assessments are levied on the basis of benefit, they are considered a user's fee, not a tax, and, therefore, are not governed by Article XIIIA of the California Constitution. Properties owned by public agencies, such as a city, county, state or the federal government, are not assessable by law. BOUNDARIES OF DISTRICT The boundary of the District is shown on the Assessment Diagram (on file in the office of the City Clerk at the City Hall of Diamond Bar as Exhibit "A -Y). All parcels of real property included within the District are described in detail on maps on file in the Los Angeles County Assessor's office. 2 IMPROVEMENTS The facilities and items of servicing and maintenance included within the District are as follows: Servicing means the furnishing of water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements. Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of any improvement, including: 1. Repair, removal or replacement of all or any part of any landscape improvement. 2. Providing for the life, growth, health and beauty of landscaping, including without limitation, cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury. 3. The removal of trimmings, rubbish, debris and other solid waste. The purpose of Assessment District No. 41 is for the maintenance and servicing of mini -parks, slopes and open spaces within the District. Exhibit "B-3, " attached hereto, shows the location and extent of the landscaping improvements to be maintained by the proceeds from this assessment district. 3 FINANCIAL ANALYSIS The estimated funding for maintenance and servicing of landscaping for the update of Assessment District No. 41 for the 1999-00 Fiscal Year is as follows: 1999-00 Revenue: Recommended BudLyet Appropriation Fund Balance (from FY 1998-99) $ 279,615 Property Tax and Assessments 122,157 Interest Revenue 12.000 TOTAL $ 413,772 9ppropria io s• Personal Services Salaries City Paid Benefits $ 6,980 Benefits 100 Worker's Compensation Expense 930 Medicare Expense 150 Cafeteria Benefits 110 Operating Expenses 1,100 Advertising Utilities 700 Maintenance -Grounds & Bldg 64,600 Professional Services 10,000 Contract Services 7,340 Contract Services Weed/Pest Abatement 24,600 Capital Improvements ' 15,000 Reserve for Future Capital Improvements 18,500 263.662 TOTAL $ 413,772 Includes replace irrigation controller clocks (4 @ $1,125/each) and tree planting (1,000 each 1 -gal and 5 -gal trees) on open space slopes ($14,000) Plans and specifications showing the general nature, location and extent of the proposed improvements are on file in the office of the City Clerk and available for public inspection. 4 METHOD OF APPORTIONMENT The net amount to be assessed upon lands within the District in accordance with this report is apportioned by a formula and method which fairly distributes the amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each lot or parcel from the improvements., namely the maintenance and servicing of public landscaping improvements within such District. The maintenance and servicing of public landscaping improvements installed and constructed in public places in the City of Diamond Bar provides a special benefit which is received by each and every lot or parcel within the District, tending to enhance their value. The primary benefits of landscaping are as set forth below: Beautification of the streets which are used by all of the residents in Diamond Bar. 2. Public parks which can be utilized and enjoyed by all residents within the District. 3. A sense of community pride resulting from well-maintained green spaces. 4. The enhancement of the value of property which results from the foregoing benefits. Existing land use information indicates that all of the parcels within the District are residences. Because the special benefits derived apply equally to all residents and parcels, it has been determined that all assessable parcels would receive the same net assessment. 5 ASSESSMENT The amount to be assessed upon the lots and parcels within the District and the amount apportioned to each assessable parcel within the District is shown in the table below. Estimated Assessment Requirements: Estimated Number of Parcels: Estimated Assessment Per Parcel: 1998-99 Assessment Per Parcel: 1999-00 Assessment Per Parcel: Difference: 2 $122,157 554 $ 220.50 $ 220.50 $ 220.50 $ 0.00 ASSESSMENT ROLL The individual 1999-00 assessments, tabulated by Assessor's parcel number, are shown Assessment Roll on file in the Office of the on an City Clerk of the City of Diamond Bar as Exhibit "C" and are made a part of this report by reference. (The Assessment Roll is not included in this report due to its volume.) Dated: 2 , 1999 GFB-FRIEDRICH & ASSOC., INC. P.. F& T� %Z NO. 27861 JCP GVIL N A. F ED C �CAllFO� VA EXHIBIT "A-3" ASSESSMENT DIAGRAM ASSESSMENT DISTRICT N0.41 FISCAL YEAR 1999-00 for the CITY OF DIAMOND BAR TI-AESFEWFNT NUMBED FOR E H LOl M FAPCEL -THIN THE ICT T' OF IE INE AEEfBEM'E fAllCfl NWBER Af AEMONFO By THE COUNL06 ANOFLFE AEf[ffaAS K��. THE ONES CT AOM[NiN)NS FOREACM LOT FIE PARCEL Of UW WITHIN THE DISTRICT Alli SHOWN ON INE ASEEEEOR'6 PARCEL MARE ONFH2IN THE OFFICE OF THE LOS ANGELEf COUNTY AEflBEpl. TILE CITY piCUERT' d OENATIO BiR NN EBB EaD J L_ SHEET 1 OF 1 SHEET FILED IN TNF OFFICE OF THE CITY CLERK OF THE CITU OF DIAMOND BAR. COUNTY OF LDS ANGELEB. ETATE OF CALIFORNIA. TMIB DAV OF 18 CITY CLERK OF TME CITY OF DIAMOND BAR FILED IN THE OFFICE OF THE C011NTY AUDITOR, COUNTY OF LOS ANOELE9, ETATE OF CALIFOMIA. TNIE DAV OF CIT -V71- OF TME CITY OF DIAMOND BAR GFB-FRIEDRICH & ASSOC., INC. SHEET 10F 1 SHEET EXHIBIT "B-3" ASSESSMENT DISTRICT N0.41 FISCAL YEAR 1999-00 for the CITY OF DIAMOND BAR .. •}�1. ..... r pa 4 � SCnpf: i . JOp ` 1.1 ♦ I ■ • LEGEND nt ■� ASSESSMENT DISTRICT ARY ...........:: BRUSH 1M ■fM. SLOPES Ilm—g, TURF IT,s00 sr. h� T c HE ■�rcau�csra CFB-FRIEDRICH cm or •mora ■. && ASS CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. (�gq TO: Honorable Mayor and Members of the City Council MEETING DATE: May 18, 1999 REPORT DATE: May 12, 1999 FROM: Terrence L. Belanger, City Manager TITLE: Resolution No. 99 -XX entitled: "A Resolution of the City Council of the City of Diamond Bar approving the installation of multi -way stop signs at the intersection of Ballena Drive and Palomino Drive". SUMMARY: In order to ensure that vehicles approaching the intersection of Ballena Drive and Palomino Drive come to a complete stop, on April 8, 1999, the Traffic and Transportation Commission recommended to the City Council the installation of multi -way stop signs at the intersection of Ballena Drive and Palomino Drive. RECOMMENDATION: That the City Council adopt Resolution No. 99 -XX entitled: "A Resolution of the City Council of the City of Diamond Bar approving the installation of multi -way stop signs at the intersection of Ballena Drive and Palomino Drive". LIST OF ATTACHMENTS: X Staff Report —Public Hearing Notification X Resolution(s) _ Bid Specification (on file in City Clerk's office) Ordinance(s) X Other: 4/8/99 T/T Minutes, and Aerial Mau Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been X Yes _ No reviewed by the City Attorney? 2. Does the report require a majority vote? Majority X Yes _ No 3. Has environmental impact been assessed? N/A _ Yes _ No 4. Has the report been reviewed by a Commission? X Yes _ No Which Commission? Traffic & Transportation 5. Are other departments affected by the report? N/A Yes _ No Report discussed with the following affected departments: REVIEWED BY: T AJMN_ Terrence L. Belan r James DeStefano vrd Giu City Manager Deputy City Manager Deputy Director of Public Works CITY COUNCIL REPORT AGENDA NO. MEETING DATE: May 18, 1999 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Resolution No. 99 -XX entitled: "A Resolution of the City Council of the City of Diamond Bar approving the installation of multi -way stop signs at the intersection of Ballena Drive and Palomino Drive". ISSUE STATEMENT: To ensure that motorists come to a complete stop when reaching the intersection of Ballena Drive and Palomino Drive. RECOMMENDATION: That the City Council adopt Resolution No. 99 -XX entitled: "A Resolution of the City Council of the City of Diamond Bar approving the installation of multi -way stop signs at the intersection of Ballena Drive and Palomino Drive". FINANCIAL SUMMARY: The installation of the striping and stop signs will be funded through the City's Signing and Striping Maintenance account. BACKGROUND/DISCUSSION: On April 8, 1999, the Traffic and Transportation Commission approved the recommendation to install multi -way stop signs at the intersection of Ballena Drive and Palomino Drive. The intersection of Ballena Drive and Palomino Drive is a residential T -intersection. Ballena Drive, between Golden Springs Drive and Palomino Drive is approximately 600 feet in length with a 60 feet right-of-way, and a 40 feet street width. There are four residences that front Ballena Drive as well as an elementary school (Golden Springs Elementary School) between Palomino Drive and Golden Springs Drive. Palomino Drive, between Diamond Bar Boulevard and Meadow Falls Drive is approximately 4,450 feet in length with t 60 feet right-of-way, and a 36 feet street width. There are 79 residences on Palomino Drive. Page Two Ballena Drive/Palomino Drive May 18, 1999 The intersection of Ballena Drive and Palomino Drive was first studied in October of 1995, prior to installation of the traffic signal on Diamond Bar Boulevard at Palomino. The study resulted with the installation of a stop sign on the intersecting leg of Ballena Drive at Palomino Drive and speed limit signs on Palomino Drive. This area is also clearly marked with crosswalks and appropriate signing and striping. There are crosswalks on two legs of this intersection. Many school children are present in this area during school arrival and dismissal times. Furthermore, Palomino Drive between Diamond Bar Boulevard and Ballena Drive has an 851` percentile speed of 39 MPH and it is posted with a 30 MPH speed limit sign. The traffic signal at the intersection of Diamond Bar Boulevard and Palomino Drive appears to have encouraged motorists to utilize Palomino Drive. However, according to the Sheriffs Department, there were no reported traffic accidents within the past five years in the Palomino Drive/Ballena Drive area. After discussing the matter at hand, the Traffic and Transportation Commission recommended to the City Council the installation of multi -way stop signs at the intersection of Palomino Drive and Ballena Drive. Area residents were invited to attend the April 8, 1999 Traffic and Transportation Commission meeting as well as the City Council meeting tonight. Prepared By: David G. Liu/Tseday Aberra RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE INSTALLATION OF MULTI -WAY STOP SIGNS AT THE INTERSECTION OF BALLENA DRIVE AND PALOMINO DRIVE A. RECITALS. (i) The Traffic and Transportation Commission considered this matter at a public meeting on April 8, 1999. At the meeting of April 8, 1999, the Traffic and Transportation Commission determined that the installation of multi -way stop signs at the intersection of Ballena Drive and Palomino Drive is appropriate. The Traffic and Transportation Commission recommends the installation Of multi -way stop signs at the intersection of Ballena Drive and Palomino Drive. B. RESOLUTION. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: I. Said action is pursuant to Sections 10.08.010 and 10.08.080 of the Diamond Bar City Code, as heretofore adopted; 2. The City Council hereby finds that the public health, safety, and welfare will be best protected by the approval of the installation of multi -way stop signs at the intersection of Ballena Drive and Palomino Drive; and -1- 3. The City Council of the City of Diamond Bar hereby authorizes and directs the City Engineer to cause said stop signs to be installed. PASSED, APPROVED and ADOPTED this day of MAYOR 1999. I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved, and adopted at a regular meeting of the City Council of the City of Diamond Bar held on day of following vote: AYES: NOES: ABSENT: ABSTAINED: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: ATTEST: Iia , 1999 by the City Clerk, City of Diamond Bar APRIL 8, 1999 VI. NEW BUSINESS: °^°°, DRAFT A. Installation of multi -way stop signs at the intersection of Palomino Drive and Ballena Drive. DDPW/Liu presented staffs report. Staff recommends that the Traffic and Transportation Commission discuss this matter and make a recommendation regarding the matter of installing multi -way stop signs at the intersection of Palomino Drive and Ballena Drive. Should the Commission determine that multi -way stop signs are appropriate, it is recommended that this recommendation be forwarded to the City Council for final approval. Following discussion, C/Lin moved, VC/Virginkar seconded, to recommend that the City Council approve installation of multi -way stop signs at the intersection of Palomino Drive and Ballena Drive. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS NOES: COMMISSIONERS ABSENT: COMMISSIONERS Lin, VC/Virginkar, Chair/Morris None Istik, Leonard -Colby Chair/Morris asked staff to include the concerns previously expressed by the Commission and residents along with the changes that have occurred in the area in its report to Council. The Traffic and Transportation Commission's Meeting Time. VLNYlrginkar moved, C/Lin seconded, to continue this matter to the May 13, 1999 Traffic Transp ation Commission meeting. Motion carried 3-0 with C/Istik and C/Leonar� being abse VII. STATUS OF PREVIOU'g%kCTION ITEMS: DDPW/Liu reported that on March 1999, the City Counc' proved the Commission's recommendation to reinstall the crosswa at the Waln ementary School and approved the establishment of a school passenger loading e ' ont of the school. On April 6, 1999, the City Council approved the red curbs on Pathfin o at Presado Drive and the "No Right Turn on Red 7:30 a.m. to 8:00 a.m. and 2:15 p.m :45 p.m. on ool days for the intersection of Golden Springs Drive at Diamond Bar Boulev . DDPW/Liu repo at on April 6, 1999 the City Council discus possible traffic solutions for Grand Avenue an mond Bar Boulevard. Staff presented information pe . .ngto the origins and desti ' ns study along with information regarding turning movement cou for the commercial eways along Grand Avenue and Diamond Bar Boulevard at all four corner f the intersection. The fl- 4, k3 r r 4 § � � ^ji .`I •iQ! I k.. �,' �` �L �Sd1111 , IY$ �'?•- � 1 ^f l4 Y • 9 1p i4 d wn a' I I �F I , , k 1 ^ � Q 4 3 qY I j P 1` 14 III r I r tj F , ^ , 1 x } N A^ f a fl I � I rt V Ise }�� I •--',� I��< .� a ..P tI 4 , Uf: art ar, � I �r , I I � I 2 b 4 I r Af gyp`..Mir I� p 4 � a { i Ip r 11 - u• n CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. �•� TO: Honorable Mayor and Members of the City Council MEETING DATE: May 18, 1999 REPORT DATE: May 11, 1999 FROM: Terrence Belanger TITLE: Extension of contract for vendor services SUMMARY: Under the purchasing guidelines, blanket purchase orders (or any combination thereof), that are awarded to a single vendor shall not exceed $10,000 without prior authorization from the City Council. Due to the amount of projects that have been produced this fiscal year, along with those projects that are anticipated to be conducted over the next two months, the City will exceed the standard $10,000 amount authorized for digital services. Thus, to complete additional scheduled projects (as well as any not yet anticipated), it is necessary to increase the total amount of authorization from $10,000 to $16,000 for FY'98299. With approximately two months left in this fiscal year, continuing our relationship with Highpoint Type and Graphics would, in the staffs opinion, be both cost effective and beneficial in meeting the City's anticipated needs. RECOMMENDATION: It is recommended that the City Council approve an additional $6,000 for vendor services to be performed by Highpoint Type and Graphics (AKA Highpoint Digital Solutions) for the remainder of FY '98-`99. 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 N/A Yes No _ by the City Attorney? _ 2. Does the report require a majority vote? X Yes No 3. Has environmental impact been assessed? N/A Yes _ _ 4. Has the report been reviewed by a Commission? N/A Yes —No No _ Which Commission? _ 5. Are other departments affected by the report? X Yes No Report discussed with the following affected departments: _ REVIE ED BY: Terrence L. Belanr Mike' son City Manager Communications and Marketing Director CITY COUNCIL REPORT AGENDA NO. MEETING DATE: May 18, 1999 TO: Honorable Mayor and Members of the City Council FROM: City Manager SUBJECT: Extension of contract for vendor services ISSUE STATEMENT: Under the purchasing guidelines, blanket purchase orders (or any combination thereof), that are awarded to a single vendor shall not exceed $10,000 without prior authorization from the City Council. RECOMMENDATION: It is recommended that the City Council approve an additional $6,000 for vendor services to be performed by Highpoint Type and Graphics (AKA Highpoint Digital Solutions) for the remainder of FY `98-`99. FINANCIAL SUMMARY: The authorization to approve additional work to be performed by Highpoint Type and Graphics will have no financial impact on the current FY '98-'99 Communications & Marketing Division budget. BACKGROUND/DISCUSSION: Due to the amount of projects that have been produced this fiscal year, along with those projects that are anticipated to be conducted over the next two months, the City will exceed the standard $10,000 amount authorized for digital services. Thus, to complete additional scheduled projects (as well as any not yet anticipated), it is necessary to increase the total amount of authorization from $10,000 to $16,000 for FY '98-99. Highpoint Type and Graphics provides the City with digital pre -press, color output, and digital design services for a variety of projects that eventually require printing or other types of special production. All City divisions have utilized the services of this vendor (via the Communications and Marketing Division) for some type of project that has been completed this year, at one time or another. Each year, a request for quotation is sent to qualified vendors who perform the type of services listed above. The selection of a vendor is made for the entire fiscal year, based on price, expertise, and quality of service. The vendors are also asked if they will be able to "hold" their prices on the requested services for the entire fiscal year (most usually can). Over the last three fiscal years (FY `96-'97; 697-598; '98-99), Highpoint Type and Graphics has remained the lowest bidder in the competitive bidding process, based on the types of services required by the City. Additionally, this vendor has been very responsive and has provided exceptional service to the City. With approximately two months left in this fiscal year, continuing our relationship with Highpoint Type and Graphics would, in the staff's opinion, be both cost effective and beneficial in meeting the City's anticipated needs. PREPARED BY: Mike Nelson CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Honorable Mayor and Members of the city uouncii MEETING DATE: May 18, 1999 REPORT DATE: May 11, 1999 FROM: Terrence L. Belanger, City Manager TITLE: Membership of the City of Laguna Woods into the California Joint Powers Insurance Authority (CJPIA). SUMMARY: The California Joint Powers Insurance Authority Executive Committee, at their meeting of April 30, 1999, recommended the approval of the City of Laguna Woods for membership in the Authority. Entities applying for membership must be approved by a two-thirds majority of the current membership. RECOMMENDATION: Approve membership of the City of Laguna Woods in the CJPIA and authorize Mayor Chang to execute the consent form as the City's delegate to the Authority. LIST OF ATTACHMENTS: _Staff Report _Public Hearing Notification _Resolution(s) _ Bid Specification _Ordinance(s) X Other _Agreement(s) (Membership Application) 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 the environmental impact been assesssed? N/A _Yes No 4. Has the report been reviewed by a Commission? N/A _Yes No 5. Are other departments affected by the report? _Yes X No 7Teffence JDY: !V r 6✓JA . Belang r Anne M. Haraksin ger Administrative Assistant CITY COUNCIL REPORT MEETING DATE: May 18, 1999 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Membership of the City of Laguna Woods into the California Joint Powers Insurance Authority (CJPIA). ISSUE STATEMENT: Shall the City Council approve the membership of the City of Laguna Woods into the California Joint Powers Insurance Authority (CJPIA)? RECOMMENDATION: It is recommended that the City Council approve the membership of the City of Laguna Woods into the CJPIA and authorize Mayor Chang to execute the consent form as the City's delegate. DISCUSSION: The California Joint Powers Insurance Authority Executive Committee, at their meeting of April 30, 1999, recommended approval of the City of Laguna Woods for membership in the Authority. Entities applying for membership must be approved by a two-thirds majority of the current membership. FINANCIAL SUMMARY: Revenue- N/A Expenditure- N/A CALIFORNIA RIA, MEMBERSHIP APPLICATION REPORT OF PHYSICAL SURVEY of CITY OF LAGUNA WOODS L GENERAL INFORMATION A. Date of Survey: April 2, 1999 B. Participants in Survey: 1. For CALIFORNIA JPIA: Jon Shull, Assistant Executive Director Marek Walaszczyk, Risk Manager 2. For City: Leslie Keane, City Manager C. Description of Applicant: The City of Laguna Woods lies in the Saddleback Valley of Orange County southwest of Interstate 5 and the city of Laguna Hills and north of the Aliso Viejo planned community. The city consists primarily of the guard -gated private community of Leisure World in which one member of each household must be at least 55 years of age. Approximately 18,000 residents live within the gated community with another 2,000 residents in single family and multi -family residences in other parts of the city. The City of Laguna Woods was incorporated on March 24, 1999, as a general law city using the Council -Manager form of government. The Council is made up of five members elected at -large to four-year, over- -1- lapping terms. The Mayor is selected annually by and among the Council Members. The city's current permanent population is approximately 20,000. The city's operating budget for the remaining three months of its first year of incorporation is $265,000. The 1999-2000 budget is approximately $1,700,000. The city currently has only one employee with an additional employee scheduled for hire in 1999-2000. Almost all services are provided under contract with the County of Orange or private contractors. Police Services are provided by the Orange County Sheriff's Department, and Fire Services are provided by the Orange County Fire Authority. The city has no public open space used for recreational purposes. Laguna Woods's General Fund's five largest revenue sources are expected to be: Vehicle License Fees, Sales Tax, Gas Tax, Property Tax, and Franchise Fees. During the survey, city staff displayed knowledge and concern about risk management issues. This attitude was reflected in the physical plant of the city which generally appeared to be well maintained and in good working order. II. CURRENT INSURANCE PROGRAM The city currently has a short-term policy for general liability coverage placed through the Robert F. Driver Company with a $10,000,000 occurrence limit. The city currently self -insures for workers' compensation losses. The city currently owns no property and has no property coverage. III. EXPERIENCE AND LOSS DATA The city has had no general liability losses since its incorporation. The city has had no workers' compensation losses since its incorporation. &A IV. APPLICATION FEE AND DEPOSIT COMPUTATIONS A. Application Fee: The City of Laguna Woods will be paying an application fee of $1,500 as soon as its transitional funding is received from the state. B. General Liability Deposit: The initial primary deposit covering the period July 1, 1999 through June 30, 2000 was established at $13,000. The deposit was established based upon a comparison with other members of the Authority with similar underwriting criteria. C. Workers' Compensation Deposit: The initial deposit for the July 1, 1999 through June 30, 2000 coverage period was established at $1,200 at the $10,000 retention level. The deposit was established based upon the anticipated claims activity of the city and its anticipated payroll. V. PHYSICAL INSPECTION AND COMMENTS A. CIVIC CENTER COMPLEX The city is currently operating out of the Leisure World Administration Building. It is anticipated that office space will be leased in the near future to serve as the city hall. B. CORPORATION YARD The city contracts for all public services and does not have a corporate yard. C. PARKS AND PLAYGROUNDS The city owns no public open space designed for recreational purposes. -3- D. STREETS AND SIDEWALKS Streets appeared to be well maintained as well as having adequate signs, pavement marking, and warning notices where appropriate. During the course of the survey, no indications of roadway undermining caused by surface drainage or dangerous conditions were noted. The sidewalks, footpaths, curbs and gutters on the streets observed during the survey had no noticeable uplift or other dangerous conditions. Seam and crack sealing and pothole repair are performed by contractors. Major repair, maintenance or modifications are contracted. E. INFRASTRUCTURE WITHIN THE GATED COMMUNITY The streets, sidewalks, parks, clubhouses, and other infrastructure within the gated community are maintained by the homeowners association and are not the responsibility of the city. VI. WATER AND OTHER UTILITIES Water service is provided to the community by the El Toro Water District. Sanitary sewer service is provided by the El Toro Water District. Electrical power is provided by Southern California Edison Company. Natural gas is provided by Southern California Gas Company. VII. FIRE DEPARTMENT Fire protection and medical -aid services are provided by the Orange County Fire Authority. VIII. POLICE DEPARTMENT Law enforcement services are provided under contract by the County of Orange. -4- IX. SUMMARY AND EVALUATION The city leadership understands and is committed to the concept of risk management and is aware that hazardous conditions need to be evaluated and addressed to reduce the city's exposure to risk/loss. It is the CALIFORNIA JPIA staff's conclusion that the anticipated loss experience, physical inspection, and interest expressed qualify the City of Laguna Woods for consideration for membership in the CALIFORNIA JPIA. We also find that membership will benefit the city by providing reliable and economical coverage, and it will be advantageous to the CALIFORNIA JPIA by expanding its ability to spread pooled losses and costs. X. RECOMMENDATION It is recommended that the City of Laguna Woods' application for membership in the CALIFORNIA JOINT POWERS INSURANCE AUTHORITY be approved with an initial General Liability Program primary deposit of $13,000 and an initial Workers' Compensation Program deposit of $1,200 for participation in the $10,000 retention pool. -5- P. i CALIFORNIA JOINT POWERS INSURANCE AUTHORITY 8081 Moody Street, La Palma, California 90623 (562) 467-8700 • FAX (562) 860-4992 RA F -i - I - A, City of Laguna Woods APPLICATION FOR MEMBERSHIP INSTRUCTIONS: Please complete the following underwriting information. You may attach additional sheets, if necessary, to amplify your answers. The application should be signed by the City Manager. Please type your answers. Date of Application: %2Z 99 Date of Incorporation: _ � 2 4 I q CITY OF: Iac V V%Q L )OCAS COUNTYOF: a (Inc, `P//��_ ADDRESS: P n %bX 2 2-Z a L QL,1LiAa � �`S iii (iLf TELEPHONE: T19--551-LI �A O FACSIMILE: CITY MANAGER: FINANCE OFFICER: RISK MANAGER 1. POPULATION: IS 000___ 2. AREA: % S 3. BUDGET INFORMATION: 'Include Redevelopment Agency and/or other covered Agencies. TOTAL" OPERATING BUDGET TOTAL* CAPITAL BUDGET TOTAL* PAYROLL SWORN POLICE PAYROLL FY 1999-2000 LI Co Oct — ( FY 1"8-99 L65 o00 00 FY 1997.98 FY 1996-97 FY 1995-96 FY 199495 FY 1993-94 FY 1992-93 FY 1991.92 'Include Redevelopment Agency and/or other covered Agencies. 3-23-1999 t:SIAM FROM 4. EMPLOYEE CENSUS: (no. of full-time employees) Clerical Office (8810) Municipal Non -Manual (9410) All Other Municipal (9420) Fire Fighters (7706) Police Officers (7720) Bus Operators (7382) Pilots (7425) Other (Designate Class) ( ) TOTAL FULL-TIME EMPLOYEES P. 2 one C-13� 2. 4-99 ; 3 ;w mc' 5. CURRENT INSURANCE PROGRAM: (Or last insured year) In addition, please submit the face sheets of all current policies.-� ZV.\cc�� A. GENERAL LIABILITY COVERAGE: (Claims Made or Occurrence, Please specify) c 1. Primary Coverage: Carrier: ' Policy Period: Occurrence Limit: Premium: $ Deductible/ Retention: $ Claims Administrator: EXCESS LIABILITY COVERAGE: .tExcess Of Carrier: Policy Period: Premium $ Exawof$ Carrier: Policy Period: Premium: $ $ Exam Of$ Carrier: Policy Period: Premium: $ 3-23-1999 1:52AM FP014 B . WORKERS COMPENSATION COVERAGE: 1. Primary Coverage: Carrier: Policy Period: Premium: Employers Liability Limit: Deductible/ Retention: Claims Administrator: 2. Excess Workers Compensation Coverage: Carrier: Policy Period: Premium: C. PROPERTY INSURANCE: 1. Coverage: (rep] Insured values. Buildings: Contents: Vehicles: Other! or other, please specify) Total Values Period: M.. $ P_ 3 -23-1999 1 - 52AH FP014 P d 6. LOSS EXPERIENCE: (past five completed years) . In addition, please submit a current loss run with summary information. See "Claims History" form. A. GENERAL LIABILITY INCURRED LOSSES: Year Number of Loom Amount of Loss" B . WORKERS COMPENSATION INCURRED LOSSES: Year Number ofILMM AnwztofLosaes C. INSURED PROPERTY INCURRED LOSSES: �2AH FPOtA P. 5 7. GENERAL EXPOSURES: A. Waterfront Property: B. Cemeteries: C. Housing: D. Libraries and/or Museums: E. Parks and Playgrounds: F. Stadiums and/or Grandstands: G. Swimming Pools: H . Golf Courses: I. Police Horses: J. Police Canines: K. Auditoriums and/or Exhibition Halls: L. Community Centers: M. Buildings Leased to Others: N. Land Leased to Others - ,4 -0. Buildings and/or Land Leased by Organization P. Hospitals: _ Q. Airports: _ R. Fixed -Wing Aircraft: S. Helicopters: T. Permits: Construction: Demolition: Environmental/ Hazards: Other: VEHICLE EXPOSURES: o 8. Number Area A B. C. General Vehicles: Passenger: Pickups/Vans: Construction/Heavy Equipment Other: Emergency Vehicles: Police: Passenger: Motorcycles: Pickups/Vans: Fire: Passenger: Pickups/Vans: Apparatus. Public Transit Vehicles: Passenger: Mitzi Busses/Vans: Ruses: Number TI_ - Z _Ir " 3-23-1999 1 : 52AM FP.014 9. ROADWAY AND 'TRAFFIC -EXPOSURES: A. City Streets: (miles) B . County Roads: (miles) C. State Highway: (miles) D. Traffic Signals: (number) E. Parking Lots: (number) F. Parking Meters: (number) G. Sidewalks: (miles) 10. POLICE SERVICES EXPOSURES. A. Number of Sworn Officers: Full-time: Part-time: B . Number of Reserves: Level 1: Level II: C_ Number of Police Stations: D. Number of Jail Facilities: Number of Cells: E. Is there a Policy and Procedures Manual? F. Is there a written Pursuit Policy? G. Is there a written Policy on the use of Firs H. Is there a written Policy on the use of Car 11. FIRE SERVICES EXPOSURES: A. Number of Sworn Fire Personnel:- Full-time: ersonnel:Full-time: Part-time: Volunteers: Paramedics: B . Number of Fire Stations: 12. UTILITY SERVICES EXPOSURES: �Cu215 14^E, NccS A. Water Department: Please submit an inundation asap showing location and describe each 1. Number of Employees: 2. Average Capacity/day: Domestic: Industrial: 3. Source of supply: 4. Dams: Number. Capacity: Type: _ Pea.. F ref 7 �o-C�K P. 6 5. F.eservo:irs: Number. Capacity: Type: 6_ Storage tanks: Number. Capacity: Type: 7. Source of water supply: B. Sanitary Sewer Service: Number of employees: Average capacity/day: Level of treatment: Effluent discharged to: C. Service Suppliers: P_ 7 RI Electrical Power: Natural Gas: Telephone: Cable Television: Water: (if private) Solid Waste Disposal: 13. Please include material information not requested on this form. A.CMOWLEDGEMENT (to be completed by City Manager): All of the above information, including attachments, has been fully disclosed. The CJPIA may rely on these answers, including attachments, when considering this application for membership. NAME: LCPsN� t� DATE: ry-\ &I'r SIGNATURE: Paor7nf 7 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Honorable Mayor and Members of the City Council MEETING DATE: May 18, 1999 REPORT DATE: May 13, 1999 FROM: Terrence L. Belanger, City Manager TITLE: Approval of Purchase Order to Procure Traffic Signal Poles SUMMARY: On May 7, 1999, the Department of Community and Development Services — Public Works Division sent out requests for bids for the procurement of traffic signal poles for the Brea Canyon Road/Diamond Crest Lane, Brea Canyon Road/Glenbrook Drive and Brea Canyon Road/Golden Springs Drive Traffic Signal Improvement Projects. Traffic signal poles were to be ordered in advance of the award of the construction contract to help expedite the construction time frame and ensure construction project duration of 90 calendar days. Traffic signal poles normally take 3 months for manufacturing and delivery. Two bids were received, from Pacific Lighting Sales, Inc. in an amount not -to -exceed $25,164.88 and from Union Metal in an amount not -to -exceed $23,162.23. RECOMMENDATION: That the City Council a.) Allocate $50,000.00 from unappropriated Gas Tax balance and increase the Capital Improvement Projects Fund by this $50,000.00 for the Brea Canyon Road/Golden Springs Drive Traffic Signal Modification Project and b.) Approve the purchase order to Pacific Lighting Sales, Inc. in an amount not -to -exceed $25,164.88. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification _ Resolution(s) _ Bid Specification _ Agreement(s) _ Other: EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed N/A Yes No by the City Attorney? _ _ 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? N/A Yes No 4. Has the report been reviewed by a Commission? _ _ N/A Yes No Which Commission? _ _ 5. Are other departments affected by the report? N/A Yes No REVIEWED BY: 4 Te ence L. Bel ger City Manager James DeStefano Deputy City Manager D dG.L Deputy Director of Public Works CITY COUNCIL REPORT _ MEETING DATE: May 18, 1999 AGENDA NO. TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Approval of Purchase Order to Procure Traffic Signal Poles ISSUE STATEMENT To expedite the construction project duration by ordering the traffic signal poles before award of a construction contract for the installation of traffic signals at Brea Canyon Road/Diamond Crest Lane, Brea Canyon Road/Glenbrook Drive and traffic signal modification at Brea Canyon Road/Golden Springs Drive. RECOMMENDATION That the City Council a.) Allocate $50,000.00 from unappropriated Gas Tax balance and increase the Capital Improvement Projects Fund by this $50,000.00 for the Brea Canyon Road/Golden Springs Drive Traffic Signal Modification Project and b.) Approve the purchase order to Pacific Lighting Sales, Inc. in an amount not -to -exceed $25,164.88. FINANCIAL SUMMARY $130,000 of Gas Tax Fund has been budgeted for the traffic signal project at the intersection of Brea Canyon Road and Glenbrook Drive. $72,500 of Gas Tax Fund and $57,500 of Developers' Fund (total $130,000) have been budgeted for the traffic signal project at the intersection of Brea Canyon Road and Diamond Crest Lane. A budget amendment allocating $50,000.00 from unappropriated Gas Tax Fund is requested for the traffic signal modification project at the intersection of Brea Canyon Road and Golden Springs Drive. BACKGROUND/DISCUSSION Construction duration for new traffic signals is typically 3-4 months with possible delays due to the traffic signal pole manufacturing and shipment. In an effort to eliminate any delays and help expedite the construction process, the traffic signal poles for the traffic signal project at the intersections of Brea Canyon Road/Diamond Crest Lane and Brea Canyon Road/Glenbrook Drive and the traffic signal poles for the traffic signal modification at the intersection of Brea Canyon Road/Golden Springs Drive are recommended to be ordered by the City in advance. By ordering the traffic signal poles in advance of the construction contract award, the poles would arrive within 1 1/2 months of the construction start date and there will be no lag time experienced. (See anticipated schedule below.) On May 7, 1999, the Department of Community and Development Services — Public Works Division sent out requests for bids for the procurement of traffic signal poles for the Brea Canyon Road/Diamond Crest Lane and Brea Canyon Road/Glenbrook Drive Traffic Signal Improvement Projects and Brea Canyon Road/Golden Springs Drive Traffic Signal Modification Project. Traffic signal poles were to be ordered in advance of the award of the construction contract to help expedite the construction time frame and ensure a construction project duration of 90 calendar days. Traffic signal poles alone normally take 3 months for manufacturing and delivery. There were only three companies that supply traffic signal poles in California: 1.) Pacific Lighti Sales, Inc. 2.) Union Metal Corpng . and 3.) Valmont -McCain Traffic Supply. All three were faxed and mailed a Request for Bid Proposals. Only two bids were received, from Pacific Lighting Sales, Inc. and from Union Metal. The City placed several criteria on these suppliers: 1. Delivery by 70 calendar days of notification; 2. $250 of liquidated damages for each day in excess of the time prescribed; and 3. A not -to -exceed cost to include all charges for manufacturing, supplies, and delivery. With these requirements, the following was received.- COMPANY eceived: COMPANY BCR/ BCR/ $8,088.44 DIAMOND GLENBROOI 1 $6,817.58 CREST DRIVE PACIFIC $6,887.95 $10,188.4, LIGHTING SALES, INC LAKE FOREST UNION $6,848.97 $9,495.6f METAL WESTLAKE VILLAGE BCR/ C GOLDEN SPRINGS TOTAL COST DELIVERY TIMELINE (70 DAYS REQUIRED $8,088.44 $25,164.88 70 DAYS 1 $6,817.58 $23,162.23 95 DAYS Timeline has been discussed with both traffic signal pole suppliers and Union Metal is unable to meet our requirements. Pacific Lighting Sales, Inc. can meet the 70 -day requirement. Pacific Lighting Sales, Inc. has a cost of $25,164.88 and is $2002.65 higher than Union Metal. However, there is a time savings of 25 days (= $6,250.00 in comparable liquidated damages). Tentative schedule with advance order of traffic signal poles through Pacific Lighting -70 days- is as follows: Approval of Traffic Signal Pole Purchase Order Notice of Traffic Signal Pole Purchase Order to Pacific Lighting Approval of Plans and Specs (for all 3 intersections) Bid Opening for Construction Contract Award of Construction Contract Notice to Proceed for Construction *Arrival of Traffic Signal Poles End of Construction Prepared by: David G. Liu/Rose Manela 3 May 18, 1999 May 24, 1999 June 1, 1999 June 22, 1999 July 6, 1999 July 19, 1999 August 2, 1999 October 18, 1999 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. ? TO: Honorable Mayor and Members of the City Council MEETING DATE: May 18, 1999 REPORT DATE: May 5, 1999 FROM: Terrence L. Belanger, City Manager TITLE: Second Reading of Ordinance No. XX (1999) "An Ordinance of the City of Diamond Bar Regarding Traffic Regulations and Amending the Diamond Bar Municipal Code Title 10 - Vehicles and Traffic" SUMMARY: On May 4, 1999, the City Council approved for first reading Ordinance No. 5 (1999) amending Title 10 of the Diamond Bar Municipal Code, which regulates the operation of vehicles upon City streets. The parking provisions of the title effectuate the efficient flow of traffic within the City and allows the City to improve and maintain traffic safety. The title is being amended to clarify certain provisions and to improve traffic safety within the City. The amendments will ensure that the traffic and parking regulations are clear to persons driving within the City and improve the enforcement of existing traffic and parking regulations thus promoting safe, efficient traffic movement. RECOMMENDATION: It is recommended that the City Council approve for second reading by title only, waive full reading, and adopt Ordinance No. 05 (1999) "An Ordinance of the City of Diamond Bar Regarding Traffic Regulations and Amending Diamond Bar Municipal Code Title 10 - Vehicles and Traffic" LIST OF ATTACHMENTS: EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: X Staff Report _ Resolution(s) X 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? 4. Has the report been reviewed by a Commission? Which Commission? 5. Are other departments affected by the report? Report discussed with the following affected departments REVIEWED BY. Terrence L. Belan r �f 9 Kellee A. Fritzal City Manager Assistant to the City Manager X Yes No X Yes _ No N/A — Yes _ No — Yes -!No X Yes No ublic Works/Sheriff's UITY UOUNCIL REPORT AGENDA NO. MEETING DATE: May 18, 1999 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Second Reading of Ordinance No. XX (1999) "An Ordinance of the City of Diamond Bar Regarding Traffic Regulations and Amending Diamond Bar Municipal Code Title 10 - Vehicles and Traffic" ISSUE STATEMENT: Should the City Council adopt the proposed amendments to the Diamond Bar Municipal Code Title 10 — Vehicles and Traffic? RECOMMENDATION: It is recommended that the City Council approve for second reading by title only, waive full reading, and adopt Ordinance No. 05 (1999) "An Ordinance of the City of Diamond Bar Regarding Traffic Regulations and Amending Diamond Bar Municipal Code Title 10 — Vehicles and Traffic." FINANCIAL SUMMARY: The adoption of the Ordinance will have no fiscal impact. BACKGROUND/DISCUSSION: The Diamond Bar Municipal Code Title 10 — Vehicles and Traffic - regulates the operation of vehicles upon City streets to protect drivers, pedestrians and others. Title 10 includes: Traffic Signs, Signals and Devices; Stopping, Standing Parking; Abandoned and Inoperative Vehicles and other related divisions. In review of Title 10 and the Parking Penalty Schedule, it has been determined that certain sections should be clarified so that the residents may have a better understanding of the infraction provision and to improve the enforcement of all related parking regulations. The City Attorney's Office has reviewed the Ordinance and recommends the adoption. The additions to the Ordinance are underlined and delefiens aFe in StAkeout. The new section added Section 10.08.075 was the former Section 10.08.080. The proposed amended Section 10.08.080 Parking Signs incorporates the infraction of the failure to obey warning, directional, regulatory and all signs installed pursuant to section 10.16 — which regulate parking. Section 10.08.080 is the violation, which is listed on the parking citations. Therefore, the Sheriff's Department can cite one section for failure to obey signs in lieu of two or three. Section 10.16.610 is recommended to be repealed, due to the section not being required and repetitive in nature. ORDINANCE NO. 05 (1999) AN ORDINANCE OF THE CITY OF DIAMOND BAR REGARDING TRAFFIC REGULATIONS AND AMENDING DIAMOND BAR MUNICIPAL CODE TITLE 10 -VEHICLES AND TRAFFIC THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ORDAINS AS FOLLOWS: Section 1 Section 10.04.010 of Chapter 10.04 of Title 10 of the Diamond Bar Municipal Code is hereby amended to add a new subsection (c) to read as follows: "(c) Not withstanding the provisions of subsections (a) and (b), pursuant to section 40200 of the California Vehicle Code, any violation of section 10.08.080, section 10.08.100, or any provision of Chapter 10.16 shall be subject to a civil penalty in accordance with Chapter 10.50 of this Code." Section 2 Section 10.08.020 of Chapter 10.08 of Title 10 of the Diamond Bar Municipal Code is hereby amended to read as follows: "10.08.020 Character of signals. The City Council shall determine the character of all official traffic control signals where the California Vehicle Code or California state law, regulations or requirements do not so provide." Section 3 Section 10.08.070 of Chapter 10.08 of Title 10 of the Diamond Bar Municipal Code is hereby amended to read as follows: "10.08.070 Warning and directional signs. The City Engineer may place and maintain all official warning and directional signs necessary to the proper control of traffic. Noperson shall operate any vehicle in violation of anv such signs." Section 4 Section 10.08.075 of Chapter 10.08 of Title 10 of the Diamond Bar Municipal Code is hereby added to read as follows: "10.08.075 Re ulat2a Signs The City Engineer shall place all regulatorysigns and other markings required or authorized either by this title or by finding of the City Council or finding of the City Engineer. No person shall operate any vehicle in violation of any such signs or other markings." Section 5 Section 10.08.080 of Chapter 10.08 of Title 10 of the Diamond Bar Municipal Code is hereby amended to read as follows: "10.08.080 Parking Si ns Regulatefy-sigtts_ The City Engineer shall place and maintain all signs and demarcations required or authorized pursuant to Chapter 10.16 of this title or the California Vehicle Code Noep rson shall stoRpark or leave standing any vehicle whether attended or unattended in violation of any sign erected or any demarcation established in accordance with this section or any restriction stated upon any such sign or demarcation." *h rlFings mquirnri or eatherrized eithefL this title b finding f the Cit r 1 OF finding ef the City Enginee Section 6 Section 10.08.090 of Chapter 10.08 of Title 10 of the Diamond Bar Municipal Code is hereby amended to read as follows: "10.08.090 Lane guidelines and other pavement markings. The City Engineer shall ffwy place appropriate traffic guidelines dividing highways into the number of traffic lanes that is proper and necessary and to shall place such other pavement markings as are necessary to direct vehicular movements in accordance with requirements of this title and the State Vehicle Code. No person shall operate any vehicle in violation of such traffic guidelines or pavement markings_" Section 7 Section 10.08.140 of Chapter 10.08 of Title 10 of the Diamond Bar Municipal Code is hereby amended to read as follows: "10.08.140 Weight limit signs; emergency procedures. If a weight limit is suspended pursuant to this chapter and a different weight limit is necessary, the City Engineer shall erect and maintain, during the emergency, appropriate signs. At the end of the emergency, the City Engineer shall remove such temporary signs and uncover and restore the original signs unless the City Council otherwise determines. No person shall operate any vehicle in excess of the osted weight limit unon qnv street or hihwa where such signs have been erected." Section 8 Section 10. 12.010 of Chapter 10.12 of Title 10 of the Diamond Bar Municipal Code is hereby amended to read as follows: "10.12.010 Driver training; driving on closed streets restricted. No A person shall net operate any vehicle on any portion of the highway closed to through traffic for driver training except when engaged in driver training or for the purpose of going to or from a point within the specified closed area." Section 9 Section 10. 12-070 of chapter 10.12 of Title 10 of the Diamond Bar Municipal Code is hereby amended to read as follows: "10.12.070 Pedestrian tunnels; closure conditions. Whenever the City Council finds and determines that the use of any pedestrian tunnel is dangerous because of the presence of loiterers, or for other reasons, and that it is not economically feasible to protect such tunnels other than by temporary closure, the City Engineer shall install gates and post signs, or cause such gates to be installed, prohibiting the entrance by persons into such a tunnel during such times as the tunnel is not required by pedestrians going or from the sehee} premises and the City Engineer has caused such gates to be locked and has posted signs informing the public that such tunnel is temporarily closed. No person shall enter any tunnel closed pursuant to this section where such suns have been erected." Section 10 Section 10. 12.120 of chapter 10.12 of Title 10 of the Diamond Bar Municipal Code is hereby amended to read as follows: 10.12.120 Flagman to regulate traffic when traffic control devices are inoperative. Whenever the City Engineer finds and determines that official traffic control devices are disabled or otherwise inoperable, he may regulate traffic by means of any person given temporary appointment for such duty. No person shall fail to obey anv such traffic regulation when operatin an vehicle." Section 11 Section 10. 12.130 of chapter 10.12 of Title 10 of the Diamond Bar Municipal Code is hereby amended to read as follows: "10.12.130 Flagman at construction and maintenance areas. Whenever the City Engineer finds that the regulation of traffic is necessary at the site of road or street construction or maintenance, he may regulate traffic by means of persons authorized for such duty. No person shall fail to obey any such traffic regulation when operating any vehicle." Section 12 Section 10.12.310 of Chapter 10.12 of Title 10 of the Diamond Bar Municipal Code is hereby amended to add a new subsection (c) to read as follows: "(c) No person shall o rate any vehicle in violation of this section." Section 13 Section 10.12.510 of Chapter 10.12 of Title 10 of the Diamond Bar Municipal Code is hereby amended to add a new subsection (3) to read as follows: si ns." "(3) No person shall operate anv vehicle in violation of any such traffic control signals or Section 14 Section 10. 12.540 of chapter 10.12 of Title 10 of the Diamond Bar Municipal Code is hereby amended to read as follows: 10.12.540 Yield right-of-way signs — Installation required in certain circumstances. The City Engineer shall erect, or cause to be erected, yield right-of-way signs complying with provisions of the Vehicle Code at one or more approaches to an intersection of highways, which are not throuhg_hi hways, where the City Council has determined that because of lack of visibility, or because of the number of reported accidents or the apparent probability thereof, such signs are considered necessary, and where according to the principles and experience of traffic engineering the installation of stop signs is not justified. No person shall operate anv vehicle in violation of any such signs when erected." Section 15 Section 10. 12.720 of chapter 10.12 of Title 10 of the Diamond Bar Municipal Code is hereby amended to read as follows: 10.12.720 Turn restrictions — Near channelization devices. (a) At locations where channelization devices have been placed and the City Engineer finds that it is necessary to prohibit left turns or right turns for the purpose of diminishing the hazard of collision, he shall place appropriate signs prohibiting such left or right turns. (b) At those intersections where the CityEngineer has placed such sigLris, no person shall operate a vehicle other than as permitted by such signs." Section 16 Section 10. 12.730 of chapter 10.12 of Title 10 of the Diamond Bar Municipal Code is hereby amended to read as follows: "10.12.730 Same — Other intersections. (a) At all other locations at which the City Council has determined and found that the elimination of left turns or right turns is necessary to reduce traffic congestion or to diminish the hazard of collision, the City Engineer shall place appropriate signs prohibiting such left or right turns. (b) At those intersections where the City Engineer has placed such signs no person shall operate a vehicle other than as directed and required or permitted by such signs " Section 17 Section 10. 12.750 of chapter 10.12 of Title 10 of the Diamond Bar Municipal Code is hereby amended to read as follows: "10.12.750 Turning around prohibited in certain conditions. If the City Council finds that the volume of traffic, the width of the highway, and other traffic conditions at any intersection are such that the making of a U-turn at such intersection would create a traffic hazard, the City Engineer shall erect and maintain in a conspicuous place at such intersection an adequate sign stating that such U-turns are prohibited. No person shall operate a vehicle in violation of such signs when erected." Section 18 Section 10. 12.1120 of chapter 10.12 of Title 10 of the Diamond Bar Municipal Code is hereby amended to read as follows: "10.12.1120 Pedestrians and bicyclists; roadway crossing restrictions. The City Engineer may place signs where it has been determined that conditions of vehicular and pedestrian or bicycle traffic are such that a traffic hazard would exist if pedestrians or bicyclists were permitted to cross the roadway at these locations directing that pedestrians and bicyclists shall not cross at a location so indicated. No pedestrian or anrson operating a bicvcle shall cross at any such location." Section 19 Section 10. 16.110 of Chapter 10.16 of Title 10 of the Diamond Bar Municipal Code is hereby amended to read as follows: "10.16.110 Signs limiting parking time authorized in certain circumstances. Whenever the City Council finds that on any portion of the highway or of a private street or of any parking lot maintained or operated for the public by the city there is at any time lack of sufficient space to accommodate the drivers of vehicles and that the time of parking should be limited so that everyone may have his/her fair turn, the City Engineer shall erect and maintain adequate signs along such portion of the highway specifying the limitation on the time of parking. No person shall park or leave standing anv vehicle in violation of any such sign " Section 20 Section 10. 16.220 of Chapter 10.16 of Title 10 of the Diamond Bar Municipal Code is hereby amended to read as follows: 10.16.220 Temporary restrictions authorized in certain circumstances. Whenever the City Engineer finds that traffic congestion or traffic hazard is likely to result from the operation, stopping, standing or parking of vehicles during the holding of public or private assemblages, gatherings or functions, or during the construction, alteration, repair, sweeping or improvement of any highway, or for other reason, he may place or cause to be placed temporary signs prohibiting the operation, stopping, standing or parking of vehicles during the period such conditions exists and giving notice that the vehicle may be removed which signs shall be erected at least 24 hours prior to any removal No person shall operate park or leave standing any vehicle in violation of any such sign." Section 21 Section 10. 16.430 of Chapter 10.16 of Title 10 of the Diamond Bar Municipal Code is hereby amended to read as follows: 10.16.430 Vehicles parked over 72 hours; removal by Sheriff (a) No person shall park or leave standing any vehicle upon a highway for 72 or more consecutive hours. W 2) The Sheriff shall remove to a safe place every vehicle which has been parked or left standing upon a highway for 72 or more consecutive hours. (-b) LcJ As used in this section, the words "safe place" include, but are not confined to, any garage, parking lot or open space owned by, maintained by or under the jurisdiction of the city, and also every privately owned garage the owner or proprietor of which will accept such vehicle." Section 22 Section 10. 16.490 of Chapter 10.16 of Title 10 of the Diamond Bar Municipal Code is hereby amended to read as follows: 6 "10.16.490 Parking prohibitions for vehicles over six feet high, near intersections. Whenever the City Council finds that the parking of vehicles, with a height of six feet or more, within 100 feet of an intersection, creates a visibility limitation resulting in a potential traffic hazard, the City Engineer shall erect signs or markings stating that the parking of vehicles with a height of six feet or more is prohibited within 100 feet of an intersection. No person shall park or leave standing anv vehicle in violation of such rohibition " Section 23 Section 10. 16.580 of Chapter 10.16 of Title 10 of the Diamond Bar Municipal Code is hereby amended to read as follows "10.16.580 Special hazard areas; parking prohibitions authority. At any place for a distance not to exceed 100 feet where the City Engineer finds that parking would unduly hamper the free flow of traffic, result in special traffic hazard, or endanger public health or safety, he shall place appropriate signs or markings prohibiting such parking. No person shall park or leave standing any vehicle in violation of such signs or markings " Section 24 Section 10. 16.590 of Chapter 16 of Title 10 of the Diamond Bar Municipal Code is hereby amended to read as follows: "10.16.590 Areas adjacent to schools. Whenever the City Engineer finds that parking adjacent to any school property would unduly hamper the free flow of traffic or otherwise constitute a traffic hazard, he shall place appropriate signs or markings prohibiting such parking. No person shall park or lea any ve standing vehicle in violation of such signs or markings Section 25 Section 10. 16.610 of Chapter 10.16 of Title 10 of the Diamond Bar Municipal Code is hereby repealed. Section 26 Section 10. 16.630 of Chapter 16 of Title 10 of the Diamond Bar Municipal Code is hereby amended to read as follows: 10.16.630 Physically handicapped persons; off-street parking facilities. Whenever the City Council designates stalls or spaces in an off-street parking facility, owned or operated by the City, for the exclusive use of physically handicapped persons whose vehicles display either one of the distinguishing license plates issued to disabled persons pursuant to Vehicle Code §22511.5 or to disabled veterans as specified in Vehicle Code §9105, a driver n any vehicle not displaying one of the aforesaid distinguishing license plates shall not park such vehicle in such parking space. The designation shall be made by posting immediately adjacent to, and visible from, each stall or space, a sign consisting of a profile view of a wheelchair with occupant in white on a blue background and by outlining or painting markings in accordance with Section 22511.8 of the California Vehicle Code." Section 27 The City Clerk shall certify to the adoption of this ordinance and shall cause the same to be published as required by law. ADOPTED AND APPROVED this — day of 1999. Mayor I, Lynda Burgess, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar held on 4th day of May, 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 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. &Z TO: Honorable Mayor and Members of the City Council MEETING DATE: May 18, 1999 REPORT DATE: May 12, 1999 FROM: Terrence L. Belanger, City Manager TITLE: Approval of Contract with Robert Bein, William Frost & Associates for Graphic Design Services for the proposed Lanterman Developmental Center Expansion SUMMARY: The proposed Lanterman Developmental Forensic Expansion Project includes a "prison -like" compound. To visually illustrate the proposed compound (two 16 -foot fences, 15 feet apart, with four 28 -foot guard towers), the City requested proposals from firms which could graphically illustrate, three dimensionally, the final design. Robert Bein, William Frost & Associates (RBF) is the only firm who can meet the City's requirements, including time frame and dimensional models of the compound. RBF has photographed the proposed site and has reviewed the environmental documents and architectural plans. Based on the review, the following three dimensional models will be created: typical observation post; new day training activity center #1 & #2; new control building; typical perimeter light standards; new roads and walk -way; and new double perimeter security fence. The models will be completed within two weeks. Under the purchasing guidelines, contracts that are awarded to a single vendor shall not exceed $10,000 without prior authorization from the City Council RECOMMENDATION: It is recommended that the City Council approve a contract with Robert Bein, William Frost & Associates for an amount not to exceed $11,450.00, authorize the City Manager to sign the contract and approve a budget adjustment for said amount. LIST OF ATTACHMENTS: X Staff Report — Public Hearing Notification — Resolution(s) Bid Specification — Ordinance(s) Other: X Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed N/A Yes by the City Attorney? _ No 2. Does the report require a majority vote? N/A 3. Has environmental impact been assessed? _ Yes _ No N/A 4. Has the report been reviewed by a Commission? _ Yes No Which Commission? —Yes X No 5. Are other departments affected by the report? Report discussed with the following affected departments: —Yes XNo REVIEWED BY: TerrBelan er Qg Kellee A. FriCityr Assistant to the City Manager CITY COUNCIL REPORT AGENDA NO. T,2 MEETING DATE: May 18,1999 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manage" SUBJECT: Special Legal Services Re: Lanteman Developmental Center Forensic Facility Project BACKGROUND/DISCUSSION: The City Manager has contacted the firm of Livingston & Mattesich, specifically Joel Baiocchi, regarding representation of the City of Diamond Bar relative to the Lanterman Developmental Center Forensic Facility Project Mr. Baiocchi has submitted a scope of services proposal, for the City's consideration. The scope of legal work will be primarily focused on the licensing process, related to Lanterman. RECOMMENDATION: It is recommended that the City Council enter into a contract and authorize special legal services with the firm of Livingston & Mattesich, in an amount not to exceed a total of $50,000; and, to allocate $50,000 from the General Fund unallocated fund balance reserves. L I V I N C S T 0 N 0 M A T T I S I ( H JOEL C. BAIOCCHI ATTORNEY AT LAw PRIVILEGED AND CONFIDENTIAL ATTORNEY-CLIENT COMMUNICATION BY FACSIMILE AND U.S. MAIL Terrence L. Belanger City Manager City of Diamond Bar 216.60 E. Copley Drive, Suite 100 . Diamond Bar, CA 91765-4177 Re: Scope of Work and Estimated Cost Dear Terry: This letter is in reference to our telephone discussion of this morning. I will set out below my forecasts for litigation costs involved in challenging the proposed use of the Lanterman Developmental Center. The scope of work proposed in this correspondence consists of preparation of a complaint or petition, naming as defendants those entities responsible for the licensing of the proposed Lanterman facility, together with its sponsoring agency, the Department of Developmental Services. As we presently envision the pleading, the core allegations would address failure to properly license. It is possible, with the City's concurrence, that we may add other administrative or common law theories of liability. LIVINGSTON & MATTESICH LAw CORPORATION 1201 K STREET, SUITE 1100 SACRAMENTO, CA 95814 TELEPHONE: (916) 44.2.1111 TELECOPIER: (916) 448'1?O9 E-MAIL: jbaiocchi@lmlaw.net The estimates below include preparation of the complaint, pre-trial investigation and discovery, and settlement discussions with the state agencies. The estimate does not include trial or preparation of a dispositive motion (such as a summary judgment motion). Those costs are very difficult to estimate this early in the process, and I also believe that this case is most likely to resolve itself short of a dispositive motion or trial. � r? S r� -c 0 :- May 7, 1999 c 5 This letter is in reference to our telephone discussion of this morning. I will set out below my forecasts for litigation costs involved in challenging the proposed use of the Lanterman Developmental Center. The scope of work proposed in this correspondence consists of preparation of a complaint or petition, naming as defendants those entities responsible for the licensing of the proposed Lanterman facility, together with its sponsoring agency, the Department of Developmental Services. As we presently envision the pleading, the core allegations would address failure to properly license. It is possible, with the City's concurrence, that we may add other administrative or common law theories of liability. LIVINGSTON & MATTESICH LAw CORPORATION 1201 K STREET, SUITE 1100 SACRAMENTO, CA 95814 TELEPHONE: (916) 44.2.1111 TELECOPIER: (916) 448'1?O9 E-MAIL: jbaiocchi@lmlaw.net The estimates below include preparation of the complaint, pre-trial investigation and discovery, and settlement discussions with the state agencies. The estimate does not include trial or preparation of a dispositive motion (such as a summary judgment motion). Those costs are very difficult to estimate this early in the process, and I also believe that this case is most likely to resolve itself short of a dispositive motion or trial. LIVINC STON O MATTES ICH May 7, 1999 Page 2 Initial Pleadinig I estimate the preparation of an initial pleading, service and filing, and defense of that pleading will be approximately 50 hours. There are some subtle legal issues that need to be resolved, so drafting this pleading may take longer than what is typical. Discovery And Investieation I estimate about 50 hours for "paper" discovery. This would consist of formal discovery requests, to be enforced by court order if necessary, and in -agency review by us of agency files and records. This figure may need to be increased if the volume of documents (particularly electronic data) is voluminous. I also anticipate that a small number of depositions may be necessary. I calculate that preparation for each deposition, the deposition itself, will take about 25 hours each. If there are four depositions, then that would equate to about 100 hours. Administrative Matters Finally, I allocated 50 hours to administrative matters, such as meetings, presentations, telephone calls, etc. with the licensing and sponsoring agencies. Summary To summarize, this scenario is intended to put the City of Diamond Bar at the bargaining table with effective leverage, so as to persuade the Department that it should not go forward with this proposal. At an hourly rate of $225, this would amount to about $60,000. Please bear in mind that litigation is inherently uncertain, and unforeseen events will significantly affect our estimates. As we proceed, our ability to predict costs will LIVINC STON 0 MATTESICN May 7, 1999 Page 3 improve, and we will maintain open and direct communication with you in that . regard. Very truly yours, JOEL C. B OCCHI JCB:keb i:\26000I \bela0507991.doe GENE L vINGSTON A7oRNEY AT LAw LIVINGSTON p MATTESICN Terrance Belanger, City Manager City of Diamond Bar 21660 East Copley Drive, Suite 100 Diamond Bar, CA 91765 RETAINER AGREEMENT Dear Mr. Belanger: April 26, 1999 LIVINGSTON & MATTESICH LAW CORPORATION 12o1 K STREET, SUITE lloo SACRAMENTO, CA 95814. TELEPHONE: (916) 442.1111 TELECOPIER: (916) ¢¢81709 Email: glivingston@mail.livandmatt-law.com Thank you for selecting Livingston & Mattesich Law Corporation to represent the City of Diamond Bar. This Retainer Agreement sets out the legal services we will provide and our fee for those services. You have retained this firm to determine What remedies the City of Diamond Bar, surrounding cities, or their residents might have to challenge the expansion of a state hospital to house and treat forensic patients and to pursue those remedies. We will perform the agreed-upon legal services and will keep you informed of progress and developments. You agree to keep us reasonably informed of developments, and timely make any payments required by this Agreement. Livingston & Mattesich has errors and omissions insurance to cover those services which we have agreed to provide. In the course of handling this matter, if you assign us additional work which is unrelated to this matter, Livingston & Mattesich will do that work under this Agreement unless we provide you with an additional Retainer Agreement for that work. My hourly fee for this work is $305. The hourly rate for Joel Baiocchi and for Steve Belzer is $225, the rates for other attorneys and paralegals will be billed at the following rates, in one -tenths of an hour: LIVINGSTON 0 MATUSICN April 26, 1999 Page 2 Principals: $245-305 Senior Counsel: $225-275 Associates: $160-225 Paralegals: $75-100 During the course of our representation, we may increase our hourly rates. This increase shall be applied to fees incurred under this Agreement, but only for services provided 30 days or more after we have mailed you written notice of the increase. We will charge for all activities undertaken in providing legal services to you under this Agreement, including but not limited to, the following: preparation for and appearances before courts, legislative bodies, regulatory agencies; conferences; preparation and review of legal documents; legal and factual research; and telephone conversations. You will also be responsible for the costs incurred on your behalf. Costs include, but are not limited to, long distance telephone charges, copying expenses at $.20 per page, travel, courier expenses, postage, facsimile charges at $1.50 per transmitted page, and if an adjudicatory hearing or litigation is involved, the related costs such as court reporter, filing and witness fees. We will send you at the beginning of each month a statement setting out the legal services we have provided, the costs incurred, and our fees for those services. All statements are due upon receipt and there will be a late charge of 1.25% per month on any balance outstanding over 30 days. If statements are not paid in a timely manner, we may find it necessary to seek withdrawal as counsel. Livingston & Mattesich may also withdraw at any time as permitted under the Rules of Professional Conduct of the State Bar of California. In the event of our withdrawal as counsel, you will remain obligated to pay us the agreed rates for all services performed and to reimburse for all costs advanced, prior to withdrawal. If you have any questions about our services, our fees, or the status of your matter, you should feel free to contact us. This Agreement contains the entire agreement of the parties. No other agreement, statement or promise made on or before the effective date of this Agreement will be binding on the parties. If any provision of this Agreement is held in all or in part to LIVINGSTON 0 MATHSICH April 26, 1999 Page 3 be unenforceable for any reason, the remainder of that provision and of the entire Agreement will be severable and remain in effect. This Agreement may be modified by subsequent agreement of the parties only by an instrument in writing signed by both of them or an oral agreement to the extent that the parties carry it out. Livingston & Mattesich makes no promises to obtain certain results in the prosecution or defense of any matter handled pursuant to this retainer agreement. Your signature below evidences that you understand and agree to the terms of this Agreement. Your oral or written instructions to Livingston & Mattesich to undertake legal services on your behalf, combined with your acceptance of legal services from us, also will constitute consent to the terms of this Agreement. Once effective, this Agreement may apply to services provided by Livingston & Mattesich on this matter before its effective date. Please sign the original of this Agreement and return it to me in the enclosed return envelope. A cove of the Agreement is also enclosed for your records. Sincerely, TON &AIATTESICH LAW CORPORATION By DATED: April 26, 1999 I have read the above Retainer Agreement and understand and agree to its terms. DATED: i Aghretainerdiamondbandoc CiTV OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Honorable Mayor and Members of the City Council MEETING DATE: May 18, 1999 REPORT DATE: May 12, 1999 FROM: Terrence L. Belanger, City Manager TITLE: Resolution No. 99 -XX "A Resolution of the City Council of the City of Diamond Bar Authorizing the Assignment and Transfer of A Cable Television Franchise Agreement by Citizens Century Cable Television Venture to Century -TCI California, L.P. " SUMMARY: On November 17, 1998 a limited partnership of Century Communications (parent company of Citizens Century Cable) and Tele-Communications, Inc. (TCI) was announced. In Southern California the limited partnership, Century -TCI California, L.P., will be 75% owned and operated by Century Communications. On February 17, 1999 the City received an application for the assignment and transfer of the existing cable television franchise, Citizens Century Cable Television Venture to the new limited Century/TCI partnership. In accordance with Federal Regulations, a cable transfer request must be acted upon, either approved or denied, by the City Council within 120 days of receipt of the Application (June 16). The review of the transfer application should include the capability of the new transferee to have the "financial, technical and legal qualifications" to ensure the performance of all of the obligations required under the existing cable television franchise. RECOMMENDATION: It is recommended that the City Council adopt Resolution No. 99 -XX "A Resolution of the City Council of the City of Diamond Bar Authorizing the Assignment and Transfer of a Cable Television Franchise Agreement by Citizens Century Cable Television Venture to Century -TCI California, L.P." LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification X Resolution(s) Bid Specification _ Ordinance(s) X Other: FCC Form 394 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 v 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 REVIEWED BY: Terrence L. Belan�r epee A. Fritzal City Manager Assistant to the Ci Manager CITY COUNCIL REPORT AGENDA NO. MEETING DATE: May 18, 1999 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Resolution No. 99 -XX "A Resolution of the City Council of the City of Diamond Bar Authorizing the Assignment and Transfer of a Cable Television Franchise Agreement by Citizens Century Cable Television Venture to Century -TCI California, L.P." ISSUE STATEMENT: Should the City Council approve the transfer of the Cable Television Franchise to Century -TCI? RECOMMENDATION: It is recommended that the City Council adopt Resolution No. 99 -XX "A Resolution of the City Council of the City of Diamond Bar Authorizing the Assignment and Transfer of a Cable Television Franchise Agreement by Citizens Century Cable Television Venture to Century -TCI California, L.P." FINANCIAL SUMMARY: The City of Diamond Bar will have no fiscal impact. All legal and related fees to the processing of the transfer will be paid by Century Communications. BACKGROUND: The City approved a Cable Television Franchise Agreement with Jones Intercable on May 6, 1997, and within the adoption, the City approved the Transfer of the Agreement to Citizens Century Television Venture. Citizens Century Television Venture is a Limited Partnership with the parent company of Century Communications, Inc. The Franchise Agreement includes a required two-phase upgrade. Phase One is the installation and implementation of seven fiber backbone hub sites. The Phase One upgrade must be completed by June 6, 1999. To date, Century Communications is nearing completion of Phase One, which will increase channel capacity by 3 channels and increase the strength and clarity of the television signal. The Phase Two upgrade is a complete rebuild of the cable plant. The upgrade will increase capacity from 560 MHz to a minimum of 860 MHz, broadband interactive capability. As demonstrated in the newspapers over the past year, cable operators are consolidating and clustering services within metropolitan areas through acquisitions and mergers. This is demonstrated through the ATT/TCI acquisition, ATT/Comcast/Media One merger agreements, and the Century/TCI limited partnership. After the Century/TCI merger was announced, Adelphia Communications announced the acquisition of Century Communications. The clustering of services provides the cable operators a larger base (economies of scale) to upgrade the systems, offer additional services such as interactive programming, modems and telephony. CABLE TRANSFER Page 2 DISCUSSION: On November 17, 1998 a limited partnership of Century Communications (parent company of Citizens Century Cable) and Tele-Communications, Inc. (TCI) was announced. The partnership consists of Century Communications and TCI combining interests (cable franchises) in Southern California in an effort to create a more efficient and unified local cable operation in several communities. Century Communications will operate the Southern California operations of the limited partnership. The merger consists of TCI systems in Arcadia, Hemet, Los Angeles County, Redlands and Ventura along with Century systems in Anaheim, Brea, Chino, Chino Hills, East San Fernando Valley, Glendora, Hermosa Beach, Los Angeles, Los Angeles County, Redondo Beach, Santa Monica, Sherman Oaks, Ventura, Yucca Valley and Diamond Bar. The limited partnership will serve approximately 743,000 subscribers. TCI has also exchanged its East San Fernando Valley cable systems for Century's Northern California cable systems in the communities of San Pablo, Benicia, Fairfield and Rohnert Park. The sale creates a large Southern California cluster for Century Communications. Pursuant to the Telecommunications Act of 1984, 1992 and 1996, there is a process and application form to analyze the transfers of ownership of cable television systems. The Franchising Authority (City) has the right to approve a sale or transfer, but must take action within 120 days of an operator's request for approval of a sale or transfer. The request must contain such information to determine that the transferee has the legal, technical and financial ability to fulfill the Franchise Agreement. The City of Diamond Bar received the FCC Form 394 on February 17, 1999. The City requested the City Attorney's office to assist in the review of the application. The City Attorney's Office reviewed a total of 13 local franchising authorities affected by the Century/TCI merger. In review of the application package, two supplemental letters, which requested additional information, were transmitted. The letters submitted on March 9 and March 23, 1999 and responses were received on April 7 and April 14, 1999. Based upon review of the material there has not been any discovery of negative information that would preclude the City from making the findings that Century -TCI California, L.P. has the financial, technical, and legal qualifications to ensure the performance of all of the obligations required under the existing cable television franchise agreement. Century -TCI California, L.P. is a new entity with no "track record" related to the ownership and operation of cable television franchises. Consequently, the Assignment and Assumption Agreement that is attached to the Resolution as Exhibit "A" requires that a guarantee of the new limited partnership's performance of its cable franchise obligations be provided by both Century Communications Corp. and by AT&T Broadband and Internet Services. This guarantee is set forth in Schedule 1 of Exhibit "A". Attachments: Resolution Letter from Century dated February 12, 1999 FCC Form 394 March 9 and 23, 1999 Letters April 7 and 14, 1999 Letters RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING THE ASSIGNMENT AND TRANSFER OF A CABLE TELEVISION FRANCHISE AGREEMENT BY CITIZENS CENTURY CABLE TELEVISION VENTURE TO CENTURY -TCI CALIFORNIA, L.P. RECITALS: A. Citizens Century Cable Television Venture, a joint venture organized under the laws of the State of New York, ("Franchisee") is the duly authorized holder of a franchise ("Franchise") that authorizes the construction, operation, and maintenance of a cable television system within the City of Diamond Bar ("Franchise Authority"). B. On February 17, 1999, the Franchise Authority received from the Franchisee and from Century -TCI California, L.P. ("Transferee"), an application for the assignment and transfer of the existing Franchise, which application included FCC Form 394 entitled "Application for Franchise Authority Consent to Assignment or Transfer of Control of Cable Television Franchise." Supplemental information was provided to the Franchise Authority by the Franchisee and the Transferee on April 7 and April 14, 1999. C. In accordance with Section 13.12.540 of Chapter 13.12 of the Diamond Bar Municipal Code, the Franchise Authority has the right to review and to approve the financial, technical, and legal qualifications of the Transferee in connection with the proposed assignment and transfer of the Franchise. D. The staff of the Franchise Authority has reviewed the documentation that accompanied FCC Form 394 and, based upon the representations set forth in that documentation, has concluded that the proposed Transferee has the requisite financial, technical, and legal qualifications to adequately perform, or to ensure the performance of, all obligations required of the Franchisee under the Franchise, and that the Transferee will be bound by all existing terms, conditions, and obligations under the Franchise previously granted by the Franchise Authority to the Franchisee. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR RESOLVES AS FOLLOWS: Section 1. In accordance with Section 13.12.540 of Chapter 13.12 of the Diamond Bar Municipal Code, the Franchise Authority consents to and approves the proposed assignment and transfer of the Franchise by Citizens Century Cable Television Venture to Century -TCI California, L.P., including such intermediate transfers as may be required to effectuate that ultimate assignment and transfer. Section 2. The authorization, consent and approval of the Franchise Authority to the proposed assignment and transfer is conditioned upon compliance by the Franchisee or the Transferee with the following requirements, as to which they are jointly and severally responsible: 1. The Franchisee and the Transferee will execute and file in the office of the City Clerk an "Assignment and Assumption Agreement" in substantially the form attached to this resolution as Exhibit A. The Mayor is authorized to execute that document and thereby evidence the written consent of the Franchise Authority to the assignment and assumption of all rights and obligations under the Franchise. 2. An original or conformed copy of the written instrument evidencing the closing and consummation of the proposed transfer and assignment of the Franchise must be filed in the office of the City Clerk within 30 days after that closing and consummation. 3. The Franchise Authority will be reimbursed for all costs and expenses reasonably incurred by the Franchise Authority in processing and evaluating the information relating to the proposed transfer and assignment of the Franchise; provided, however, that those costs and expenses will not exceed the sum of $5,000 and will be set forth in an itemized statement transmitted by the City Manager, or the City Manager's designee, to the Franchisee and the Transferee within 60 days after the effective date of this Resolution. Section 3. Nothing contained in this Resolution may be construed to extend the term of the Franchise, which will terminate in its entirety on March 13, 2007. Section 4. The City Clerk is directed to transmit a certified copy of this resolution to the following person: Clifford A. Bail, Esq. Century -TCI California, L.P. c/o Century Communications Corp. 50 Locust Avenue New Canaan, Connecticut 06840 Section 5. The City Clerk is directed to certify to the passage and adoption of this resolution. PASSED, APPROVED, AND ADOPTED this — day of 1999. Mayor -2- I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was duly introduced, passed and adopted by the City Council of the City of Diamond Bar, at a regular meeting held on the_day of 1999, b the following vote:y AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: LYNDA BURGESS, City Clerk City of Diamond Bar -3- C COMMUNICATIONS CORPORATION William J. Rosendahl Senior Vice President of Operations Mr. Terry L. Belanger City Manager City of Diamond Bar 21660 E. Copley Drive, Suite 100 Diamond Bar, CA 91765-4177 Dear Mr. Belanger: 99 FEDI 17 PH I: 18 February 12, 1999 BY HAND DELIVERY We are pleased to provide for your official consideration this request for consent to the transfer of the cable television system serving the City of Diamond Bar (the "System"), including the franchise agreement by which Citizens Century Cable Television Venture, an affiliate of Century Communications Corp. ("Century"), provides cable television service to its subscribers in your community (the "Franchise"). As you may be aware from recent press reports, on November 18, 1998, affiliates of Century entered into an agreement (the "Contribution Agreement") pursuant to which the System and the Franchise will be transferred to a limited partnership between Century and affiliates of Tele- Communications, Inc. ("TCI") known as Century -TCI California, L.P. (the "Partnership"). The Partnership will be managed by Century and will be owned approximately 75% by Century and 25% by certain affiliates of TCI. Accompanying this letter are one original and two copies of FCC .Form 394 relating to the transaction containing the information necessary to establish the technical, legal and financial qualifications of the Partnership as Transferee. In connection with the transactions called for in the Contribution Agreement, Century will be undergoing an internal restructuring pursuant to which one or more intermediate transfers of the System and the Franchise will be made immediately prior to the transfer to the Partnership. We respectfully request your consent to the transfer of the Franchise to the Partnership, and also request your consent to Century's intermediate transfers in the event that such consent is required under the Franchise. Upon closing of the transactions contemplated by the Contribution Agreement, the Partnership will serve approximately 750,000 customers throughout more than seventy (70) communities in Southern California. Standing alone, the Partnership would be among the twenty largest multiple cable system operators (MSOs) in the United States. Bringing the former TCI operations and workforce together with the Century operations and workforce in Southern California strongly positions the Partnership and its cable television systems to serve the customers and 2939 Nebraska Avenue Santa Monica. CA 904, 04-4108 310-829-7079 Fax: 310-264-8042 Mr. Terry L. Belanger City of Diamond Bar Page 2 communities of Southern California and meet the challenges of the exciting new competitive marketplace. We believe that the enclosed provides you with the information necessary to make a speedy determination on our request. If it is acceptable, please place this item on the next agenda for consideration by your governing body. We would request that you adopt the enclosed proposed form of resolution to grant such consent, or use it as a model for a resolution by which you would grant consent. To the extent that you desire to change the form resolution --and we understand and appreciate that you might --we would like to be involved in the process to ensure that the final language of the resolution is acceptable. Form 394 and the FCC Rules require that you act upon a Form 394 Application within 120 days after receiving it; however, it is our hope that your calendar would permit you to act on the resolution within the next 45 to 60 days. The closing of the transaction is expected to occur in June 1999, or sooner if all regulatory approvals have been obtained. Since governmental regulations require that I deliver the Form 394 to you, I would appreciate your countersigning and dating a copy of this letter to document that I have done so, and returning the countersigned copy to me. On behalf of Century, please let me express our appreciation for your cooperation and consideration of these matters. We look forward to meeting with you soon to discuss the application and consent process, and to continuing to serve the City of Diamond Bar's cable television needs. Please call me at 310-315-4476 or Lee Perron, my Vice President of Corporate Affairs, at 310-264- 8043 if you have any questions. Very truly yours, J4�William J. Msendahl Senior Vice President Enclosures 5572195-1 Mr. Terry L. Belanger City of Diamond Bar Page 3 Receipt on this _V day of V , 1999 of this letter and one original plus two copies of FCC Form 394, including attachments, is hereby acknowledged. By: (Signattue) Name: (Print) Title: 461szk1r,17 �D "-;; z e/2/—Y - Federal Communications Commission Washington. DC 20554 FCC 394 APPLICATION FOR FRANCHISE AUTHORITY CONSENT TO ASSIGNMENT OR TRANSFER OF CONTROL OF CABLE TELEVISION FRANCHISE Approved By OMB 3060-0573 FOR FRANCHISE AUTHORITY USE ONLY SECTION I. GENERAL INFORMATION DATE January 13, 1999 .1. Community Unit Identification Number: CA1394 2. Application for: FT1 Assignment of Franchise Transfer of Control 3. Franchising Authority: City of Diamond Bar, CA 4. Identify community where the system/franchise that is the subject of the assignment or transfer of control is located: City of Diamond Bar 5. Date system was acquired or (for system's constructed by the transferor/assignor) the date on Mailing street address or P.O. Box which service was provided to the first subscriber in the franchise area: October 15, 1997 6. Proposed effective date of closing of the transaction assigning or transferring ownership of the ZIP Code system to transferee/assignee: April 30, 1999 7. Attach as an Exhibit a schedule of any and all additional information or material filed with this application that is identified in the franchise as required to be provided to the franchising authority when requesting its approval of the type of transaction that is the subject of this application. PART I - TRANSFEROR/ASSIGNOR 1 1—fl—fc H.n n— mnilin—4 fnlnnhnnn - imhnr of fhe frnncfomr/wesinnnr Exhibit No. 1 Legal name of Transferor/Assignor (if individual, list last name first) Citizens Century Cable Television Venture Assumed name used for doing business (if any) Century Communications Mailing street address or P.O. Box c/o Century Communications Corp., 50 Locust Avenue City State ICT ZIP Code Telephone No. (include area code) New Canaan 06840 1203.972.2000 2.(a) Attach as an Exhibit a copy of the contract or agreement that provides for the assignment or transfer of control (including any exhibits or schedules thereto necessary in order to understand the terms thereof). If there is only an oral agreement, reduce the terms to writing and attach. (Confidential trade, business, pricing or marketing information, or other information not otherwise publicly available, may be redacted). (b) Does the contract submitted in response to (a) above embody the full and complete agreement between the transferor/assignor and the transferee/assignee? lD -I ?'J L I 'AJ 55 If No, explain in an Exhibit. Exhibit No. 2 X❑ Yes F] No Exhibit No. N/A FCC 394 (Page 1) September 1996 PART II - TRANSFEREE/ASSIGNEE 1.(a) Indicate the name. mailina address. and telenhnne numhar of tha trnnefarnalaceinnaa Legal name of Transferee/Assignee (if individual, list last name first) Century -TCI California, L.P. Assumed name used for doing business (if any) Mailing street address or P.O. Box Go Century Communications Corp., 50 Locust Avenue City State ZIP Code Telephone No. (include area code) New Canaan ICT 106840 1 203.972.2000 (b) Indicate the name mailinn addracc anrd talanhnna nnmhar of narcnn +n nnn+ten+ if ^+tier +►. Name of contact person (list last name first) Bail, Clifford A. Firm or company name (if any) c/o Century Communications Corp. Mailing street address or P.O. Box ' 50 Locust Avenue City State ZIP Code Telephone No. (include area code) New Canaan ICT 106840 203.972.2964 (c) Attach as an Exhibit the name, mailing address, and telephone number of each additional person who should be contacted, if any. (d) Indicate the address where the system's records will be maintained Street address 20965 L corrin St. City State ]ZIP Code Diamond Bar ICA 91789 2. Indicate on an attached exhibit any plans to change the current terms and conditions of service and operations of the system as a consequence of the transaction for which approval is sought. Exhibit No. 3 Exhibit No. 4 FCC 394 (Page 2) September 1996 SECTION 11. TRANSFEREE'S/ASSIGNEE'S LEGAL QUALIFICATIONS 1. Transferee/Assignee is: E] Corporation ® Limited Partnership General Partnership a. Jurisdiction of incorporation: d. Name and address of registered agent in jurisdiction: b. Date of incorporation: c. For profit or not-for-profit: i. Jurisdiction in which formed: c. Name and address of registered agent in Delaware jurisdiction: >. Date of formation: United Corporate Services, Inc. November 17, 1998 15 E. North St., Dover, DE 19901 1. Jurisdiction whose laws govern formation: b. Date of formation: Individual Other. Describe in an Exhibit. Exhibit No. N/A 2. List the transferee/assignee, and, if the transferee/assignee is not a natural person, each of its officers, directors, stockholders beneficially holding more than 5% of the outstanding voting shares, general partners, and limited partners holding an equity interest of more than 5%. Use only one column for each individual or entity. Attach additional pages if necessary. (Read carefully - the lettered items below refer to corresponding lines in the following table.) (a Name, residence, occupation or principal business, and principal place of business. (If other than an individual, also show name, address and citizenship of natural person authorized to vote the voting securities of the applicant that it holds.) List the applicant first, officers, next, then directors and, thereafter, remaining stockholders and/or partners. (b Citizenship. (c) Relationship to the transfereeiassignee (e.g., officer, director, etc.). (d Number of shares or nature of partnersihp interest. (e) Number of votes. (f Percentage of votes. (a) Century -TCI California, L.P. Century Exchange LLC TCI California Holdings, LLC 50 Locust Avenue 50 Locust Avenue 5619 DTC Parkway New Canaan, CT 06840 New Canaan, CT 06840 Englewood, CO 80111 (b) Delaware Delaware Colorado (c) Same General and Limited Partner General Partner (d) N/A General and Limited Partner General Partner (e) N/A N/A N/A (f) N/A 75% 25% FCC 394 (Page 3) September 1996 3. If the applicant is a corporation or a limited partnership, is the transfereelassignee formed under the XO -Yes El No laws of, or duly qualified to transact business in, the State or other jurisdiction in which the system operates? 'Will be qualified prior to closing If the answer is No, explain in an Exhibit. Exhibit No. Exhibit 4. Has the transferee/assignee had any interest in or in connection with an applicant which has been Yes 0 N dismissed or denied by any franchise authority? If the answer is Yes, describe circumstances in an Exhibit. Exhibit No. :] N/A 5. Has an adverse finding been made or an adverse final action been taken by any court orYes 71 No administrative body with respect to the transferee/assignee in a civil, criminal or administrative proceeding, brought under the provisions of any law or regulation related to the following: any felony; revocation, suspension or involuntary transfer of any authorization (including cable franchises) to provide video programming services; mass media related antitrust or unfair competition; fraudulent statements to another government unit; or employment discrimination? If the answer is Yes, attach as an Exhibit a full description of the persons and matter(s) involved, Exhibit No. including an identification of any court or administrative body and any proceeding (by dates and file N/A numbers, if applicable), and the disposition of such proceeding. 6. Are there any documents, instruments, contracts or understandings relating to ownership or future M Yes pR No ownership rights with respect to any attributable interest as described in Question 2 (including, but not limited to, non-voting stock interests, beneficial stock ownership interests, options, warrants, debentures)? If Yes, provide particulars in an Exhibit. Do documents, instruments, agreements or understandings for the pledge of stock of the transferee/assignee, as security for loans or contractual performance, provide that: (a) voting rights will remain with the applicant, even in the event of default on the obligation; (b) in the event of default, there will be either a private or public sale of the stock; and (c) prior to the exercise of any ownership rights by a purchaser at a sale described in (b), any prior consent of the FCC and/or of the franchising authority, if required pursuant to federal, state or local law or pursuant to the terms of the franchise agreement will be obtained? If No, attach as an Exhibit a full explanation. SECTION III. TRANSFEREE'S/ASSIGNEE'S FINANCIAL QUALIFICATIONS The transferee/assignee certifies that it has sufficient net liquid assets on hand or available from committed resources to consummate the transaction and operate the facilities for three months. Yes X❑ No Exhibit No. 5 El Yes F� No Attach as an Exhibit the most recent financial statements, prepared in accordance with generally Exhibit No. accepted accounting principals, including a balance sheet and income statement for at least one full e year, for the transfereelassignee or parent entity that has been prepared in the ordinary course of business, if any such financial statements are routinely prepared. Such statements, if not otherwise publicly available, may be marked CONFIDENTIAL and will be maintained as confidential by the . franchise authority and its agents to the extent permissible under local law. SECTION IV. TRANSFEREE'S/ASSIGNEE'S TECHNICAL QUALIFICATIONS Set forth in an Exhibit a narrative account of the transferee'slass ig nee's technical qualifications, experience Exhibit No and expertise regarding cable television systems, including, but not limited to, summary information about 7 appropriate management personnel that will be involved in the system's management and operations. The transferee/assignee may, but need not, list a representative sample of cable systems currently or formerly owned or operated. FCC 394 (Page 4) September 1996 SECTION V - CERTIFICATIONS Part I - Transferor/Assignor All the statements made in the application and attached exhibits are considered material representations, and all the Exhibits are a material part hereof and are incorporated herein as if set out in full in the application. tni� ay Part II - Transferee/Assignee N tary Public��~ Date Commission Expireu.(,;...� All the statements made in the application and attached Exhibits are considered material representations, and all the Exhibits are a material part hereof and are incorporated herein as if set out in full in the application. The transferee/assignee certifies that he/she: (a) Has a current copy of the FCC's Rules governing cable television systems. (b) Has a current copy of the franchise that is the subject of this application, and of any applicable state laws or local ordinances and related regulations. (c) Will use its best efforts to comply with the terms of the franchise and applicable state laws or local ordinances and related regulations, and to effect changes, as promptly as practicable, in the operation system, if any changes are necessary to cure any violations thereof or defaults thereunder presently in effect or ongoing. Signature I CERTIFY that the statements in this application are true, Century Exchange LLC, General Partner complete and correct ,to the best of my knowledge and belief and By: Cliatury Southwest Cable Television, Inc., Managing Member are made in good faith. Vice President I Date WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE Janu ryi3, 1999 PUNISHABLE BY FINE AND/OR IMPRISONMENT. U.S. CODE, Print full name TITLE 18, SECTION 1001. Clifford A. Bail, Vice President Check appropriate classification: Individual General Partner X Corporate Officer Other. Explain: (Indicate Title) tni� ay Part II - Transferee/Assignee N tary Public��~ Date Commission Expireu.(,;...� All the statements made in the application and attached Exhibits are considered material representations, and all the Exhibits are a material part hereof and are incorporated herein as if set out in full in the application. The transferee/assignee certifies that he/she: (a) Has a current copy of the FCC's Rules governing cable television systems. (b) Has a current copy of the franchise that is the subject of this application, and of any applicable state laws or local ordinances and related regulations. (c) Will use its best efforts to comply with the terms of the franchise and applicable state laws or local ordinances and related regulations, and to effect changes, as promptly as practicable, in the operation system, if any changes are necessary to cure any violations thereof or defaults thereunder presently in effect or ongoing. subscribm a sworn to UVIVIV 141M 17 th' _..�,.., day of ClhkAr C _._.... ..N ry Public Date Corrtmirsion Expire: . FCC 394 (Page 5) September 1996 Signature Century - TCI California, L.P., I CERTIFY that the statements in this application are true, Century Exchange LLC, General Partner complete and correct to the best of my knowledge and belief and By: Cliatury Southwest Cable Television, Inc., Managing Member are made in good faith. Vice President I Date WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE January/3 , 1999 PUNISHABLE BY FINE AND/OR IMPRISONMENT. U.S. CODE, Print full name TITLE 18, SECTION 1001. Clifford A. Bail, Vice President Check appropriate classification: 11 Individual General Partner a Corporate Officer Other. Explain: X (Indicate Title) 11 subscribm a sworn to UVIVIV 141M 17 th' _..�,.., day of ClhkAr C _._.... ..N ry Public Date Corrtmirsion Expire: . FCC 394 (Page 5) September 1996 GLENN R. WATSON HARRY L GERSHON DOUGLAS W. ARGUE MARK L LAMKEN Oz. E. ADLER DAROLD O. PIEPER ALLEN E. RENNETT STEVENL OORSEV WILLIAM L STRAUSZ ANTHONY B. DREWRY MITCHELL E. AIEOTT TIMOTHY L NEUPELD GREGORY W. BTEPANICICH RCCHELLE SROWME MICHAEL JlNIONS MnLLJAMWI W B. RUDELL GAWK RDW CAROL W. LYNCH JEFFREY A.SPISOMONY . KUN EPT TFIOMAS M. AL.JIMSO MA AMANDA SEAL S Oa NERIS AMANDA F. 9IECCOND ROBERT C. CER STSV E WEAVER 064W IL N. KAVPMANN JOHNJ. OANO JOHN J. KAJIINS KEVIN G. !NN NIS ROSIN O. NARKS LAURE LES S. LADA WIENER STEVEN ENCS S. WIENER BTEVEN R. ORR MICHAEL G. COLANTUONO S. TILDEN KIM SASKIA T. ASAMURA KAYSER O. SOME C. EDWARD DILKE3 PETER M. THORBON BRENDA L DIEOERIGHS JAMES L MAFWQAAN DEBORAH R. HAKMAN RUSIN D. WEINER SAUL JAPPE CRAIG A STEELE T. PETER PIERCE DAVID ROBERT DANIELS WILLIAM P. CURLEY D O. CRAIG PDX LYNN 1. ISMVL JANET E. COLBSON TER[HCS R. BOLA DANIEL L PINES USA SONO DIANE ANCOW GROSS ROY A. CLARKB ROXANNE M. DIAZ MAN9EL S. MEDINA ERIKA M. PLEMING OLNU WN -WEN SUAN AMY W. CHING PATRICIA K OUVER SANDIV\L MCOONOUGH GABRIEL K COY MATTHEW O. MITCHELL PAULA GUTIERREZ SAEZA RICHARDS, WATSON & GERSHON ATTORNEYS AT LAW A PROFESSIONAL CORPORATION THIRTY-EIGHTH FLOOR 333 SOLITH HOPE STREET LOS ANGELES. CALIFORNIA 00071-1469 (213) 626-8484 FACSIMILE (213) 626-0078 Clifford A. Bail, Esq. Vice President of Legal Century Communications 50 Locust Avenue New Canaan, Connecticut RICHARD RICHARDS (1916.1999) SAN FRANCISCO OFFICE SUITE 960 FORTY-FOUR MONTGOMERY STREET SAN FRANCISCO. CALIFORNIA 941pa-4g/1 (416) 421-6494 FACSIMILE (416) 421-6496 ORANGE COUNTY OFFICE NUMBER (WVE CMC CENTER CIRCLE March 9, 1999 BREA, CALIFORNIA 02821 (714) 990.0901 FACSIMILE (714) 900.6230 OF COUNSEL WILLIAM K KRAMER 0593947 OUR FILE NUMBER B0785-00016 By Facsimile and U.S. Mail Affairs Corp. 06840 Re: FCC Form 394 - Century -TCI California, L.P. Dear Mr. Bail: This firm represents 13 local franchising authorities in the State of California, all of which have recently received copies of the FCC Form 394 that relates to proposed transactions involving cable television systems now owned and operated by Century Communications Corp., or its affiliated companies ("Century"), or by Tele-Communications, Inc., or its affiliated companies (IITCI II) . These local franchising authorities, and the categories into which they fall, are identified as follows: (1) Franchisors of Century -owned franchises to be contributed to Century -TCI California L.P.: Beverly Hills Bradbury Brea Diamond Bar Hermosa Beach La Habra Heights Monrovia West Hollywood (2) Franchisors of TCI -owned franchises to be contributed to Century -TCI California L.P.: Agoura Hills La Puente RICHARDS, WATSON & GERSHON Clifford A. Bail, Esq. March 9, 1999 Page 2 exchanged: Temecula Westlake Village (3) Franchisor of Century -owned franchise to be Fairfield We have undertaken a preliminary review of the FCC Form 394s, along with the related exhibits, that we believe were all filed with the above -referenced franchisors between February 15 and 19, 1999. Although a full analysis of these documents has not yet been completed by City staff within all of the local franchising authorities, or by legal counsel, we are requesting that the additional information specified in this letter be provided as expeditiously as possible to facilitate that analysis. 1. Proposed Merger of Century Communications Corp. The local franchising authorities are aware of the proposed merger of Century Communications Corp. with and into Adelphia Communications Corporation, which merger was announced on March 5, 1999. Please advise us as to any changes in or supplements to the documentation accompanying the FCC Form 394 that Century intends to submit as a consequence of this proposed merger. In addition, please advise us as to whether and when Century and Adelphia expect to file with the local franchising authorities an additional FCC Form 394 relating to the change in control of the franchises, and of the new limited partnership, that will. result from this proposed merger transaction. We also request from you copies of any filings with the Securities and Exchange Commission that have been or will be made concerning this proposed merger. 2. Organization and Ownership Chart Please provide an organization and ownership chart that shows percentage ownership interests and that identifies all intermediate subsidiaries, affiliates and other entities between (i) the ultimate parent entity, Century Communications Corp., and Century -TCI California, L.P.; and (ii) the ultimate parent entity, AT&T Corp. (assuming the merger with TCI will have been consummated by the closing), and Century -TCI California, L.P. 3. Legal Status of the Transferee -Assignee A. The proposed transferee, Century -TCI California, L.P., is identified as a limited partnership formed under the Delaware Revised Uniform Partnership Act. Please RICHARDS, WATSON & GERSHON Clifford A. Bail, Esq. March 9, 1999 Page 3 provide copies of this company's articles of organization, including all subsequent amendments, that -have been filed in Delaware. B. Please provide copies of (i) the limited partnership's application to the California Secretary of State for registration as a foreign limited partnership; and (ii) the certificate of registration issued to the limited partnership. by the California Secretary of State to transact business in this state. C. Please advise us as to any trade name or "assumed name" under which the new limited partnership will conduct its cable television operations. In addition, please provide us with copies of any fictitious business name statements that have been or will be filed by the transferee in the counties in which the franchisors are located. 4. Management and Operation of Century -TCI California. L.P. A. The Management Agreement that is attached as Exhibit A to the Agreement of Limited Partnership does not identify the Century entity that will be responsible for the management and operation of the franchises that are to be contributed to the new limited partnership. Similarly, Section 5.6 of the Agreement of Limited Partnership refers to "Century (or an Affiliate of Century designated by Century,)" as being the signatory to the Management Agreement with the new limited partnership. Please identify with specificity the Century entity that will. be responsible for the management and operation of the franchises that -are to' be contributed to the rfew limited partnership, as well as the financial, technical, and legal qualifications of that entity. B. Section 1.1 of the Limited Partnership Agreement, entitled "Terms Defined in this Section," contains definitions for the terms "subsidiary" and "wholly-owned subsidiary." Please advise us as to any subsidiaries, whether or not wholly-owned," that are contemplated to be formed before or after the closing, the purpose for those subsidiaries, and their anticipated effect upon the management and operation of the franchises that are'to be contributed to the new limited partnership. C. Section 7.26 of the Asset Contribution Agreement requires the new limited partnership to become a party to what is described as the "Restated and Amended CSG Master Subscriber Management System Agreement" dated August 10, 1997, as in effect on November 18, 1998, with respect to the TCI cable RICHARDS, WATSON & GERSHON Clifford A. Bail, Esq. March 9, 1999 Page 4 systems that are to be contributed to the new limited partnership. Please provide us with a copy of that agreement. D. Section 16.8 of the Limited Partnership Agreement is entitled "@ Home Matters." This section appears to place certain conditions and restrictions upon the new limited partnership relating to the operation of those cable television systems of TCI that are to be contributed to.the limited partnership under the Asset Contribution Agreement, as well as those that are to be transferred under the Exchange Agreement. In particular, the new limited partnership is required to comply with the."Cable Parent Exclusivity Provisions" and to manage the TCI systems in accordance with the "Century Distribution Agreement." The "Cable Parent Exclusivity Provisions" are apparently defined in what is referred to as the "@ Home Distribution Agreement" that is an exhibit to a certain letter agreement dated as of May 15, 1997, and later amended. The "Century Distribution Agreement' is defined as the "@ Home Network Distribution Agreement," dated May 1, 1998, between At Home Corporation and Century/Texas. (This agreement is briefly described on page 7 of the attached Form 10-K under the heading "Cable Modem Services.") Please provide us with copies of the "@ Home Distribution Agreement" and the "@ Home Network Distribution Agreement." 5. Financing for the New Limited Partnership A. Please provide information concerning the loans, if any, that are now contemplated to be arranged for by the Managing Partner to finance the business of the new limited partnership, as authorized by Section 3.6 of the Limited Partnership Agreement. B. Section 5.4 of.the Limited Partnership Agreement states that: "A five-year operating plan for the Partnership is attached to this Agreement as Schedule III for informational purposes only." Please provide a copy of that Schedule III, which is entitled "Five -Year Operating Plan." This schedule appears to have been inadvertently omitted from the FCC Form 394 by the applicants, because there is nothing to indicate that it has been intentionally redacted. C. Section 7.22 of the Asset Contribution Agreement requires the new limited partnership to assume "Permitted debt" from both TCI LLC and Century Exchange upon the closing of the transaction. Century is obligated to secure financing for the new limited partnership in order to refinance that permitted debt. Similarly, Sections 8.1(j) and 8.2(j) condition the closing upon Century's having secured financing to refinance the permitted debt, and Section 9.5 requires the new RCHARDS, WATSON & GERSHON Clifford A. Bail, Esq. March 9, 1999 Page 5 limited partnership ,to pay, immediately after the closing, the permitted debt to both TCI and Century. Please provide information as to the amount of the permitted debt that will be assumed by the new limited partnership, and the anticipated rates, terms, and sources of financing to repay the permitted debt that is to be assumed. 6. Antitrust'Matters Please provide copies of the "notification and report" required to be filed by Century and by TCI under the Hard- Scott -Rodino Antitrust Improvements Act of 1976, as amended. We also request copies of responses to any inquiries received from the Federal Trade Commission and the Antitrust Division of the Department of Justice for additional information or documentation. In addition, please advise us whether the applicable waiting period has now elapsed and, if not, when it will expire. 7. Updated Documents We note that most, if not all, of the FCC Form 394s submitted to the local franchising authorities that we represent were signed and dated on behalf of the Transferor - Assignor and the Transferee -Assignee on January 13, 1999. We also note that Amendment No. 1 to the Asset Contribution Agreement, attached as Exhibit 2 to the FCC Form 394, is dated January 29, 1999, over two weeks after the FCC Form 394s were signed. It is reasonable to assume that, in a transaction of this magnitude, additional modifications will be made to the underlying documentation. We therefore request that copies of any new or modified documents relating to this, transaction, including those that may be required as a consequence of the proposed -merger referenced above in Section 1, be provided to the local franchising authorities as expeditiously as possible. The questions, comments, and requests for additional information and documents contained in this letter may be supplemented after we have received additional comments from City staff members within the local franchising authorities who are concurrently reviewing the FCC Form 394s. Your prompt response to the matters identified in this letter will facilitate our continuing review of the legal, financial, and technical qualifications of the proposed transferee of the cable television franchises previously granted to Century and to TCI by the local franchising authorities that are identified above. RICHARDS, WATSON & GERSHON Clifford A. Bail, Esq. March 9, 1999 Page 6 Thank you for your anticipated cooperation. Very( truly yours, William B. Rudell Assistant City Attorney WBR:syc 0593947 CC: Distribution William J. Rosendahl (Century) Derek Chang (TCI) GLENN R. WATSON HARRY L. GERSHON DOUGLAS W. ARGUE MARK L. LAMKEN ERWIN E. ADLER DAROLD D. PIEPER ALLEN E. RENNETT STEVEN L. DORSEY WILLIAM L. STRAUSZ ANTHONY B. DREWRY MITCHELL E. ABBOTT TIMOTHY L NEUFELD GREGORY W. STEPANICICH ROCHELLE BROWNE MICHAEL JENKINS WILLIAM S. RUDELL QUINN M. BARROW CAROL W. LYNCH JEFFREY A. RABIN GREGORY M. KUNERT THOMAS M. JIMSO MICHELE DEAL BAGNERIS AMANDA F. SUSSKIND ROBERT C. CECCON SAYRE WEAVER STEVEN H. KAUFMANN GARY E. GANS JOHN J.HARRIS KEVIN G. ENNIS ROBIN D. HARRIS MICHAEL ESTRADA LAURENCE S. WIENER STEVEN R. ORR MICHAEL G. COLANTUONO B. TILDEN KIM SASKIA T. ASAMURA KAYSER O. SLIME C. EDWARD DILKES PETER M. THORSON BRENDA L DIEDERICHS JAMES L MARKMAN DEBORAH R.HAKMAN RUBIN D. WEINER SAULJAFFE CRAIG A. STEELE T. PETER PIERCE DAVID ROBERT DANIELS WILLIAM P. CURLEY 111 D. CRAIG FOX LYNN I. ISARA JANET E. COLESON TERENCE R. 80GA DANIEL L PINES USA BOND DIANE ARKOW GROSS ROY A. CLARKE ROXANNE M. DIAZ MARIBELS. MEDINA ERIKA M. FLEMING OLIVIA WAI-WEN SUAN AMY W. CHING PATRICIA K. OLIVER SANDRA L MCDONOUGH GABRIEL K. COY MATTHEW D. MITCHELL PAULA GUTIERREZ BAEZA RICHARDS, WATSON & GERSHON ATTORNEYS AT LAW A PROFESSIONAL CORPORATION THIRTY-EIGHTH FLOOR 333 SOUTH HOPE STREET LOS ANGELES, CALIFORNIA 90071-1469 (213) 626-8464 FACSIMILE (213) 626-0076 Clifford A. Bail, Esq. Vice President of Legal Century Communications 50 Locust Avenue New Canaan, Connecticut RICHARD RICHARDS (1816-1988) SAN FRANCISCO OFFICE SUITE 980 FORT' -FOUR MONTGOMERY STREET SAN FRANCISCO, CALIFORNIA 94104-4611 (416) 421-8484 FACSIMILE (416) 421-8486 ORANGE COUNTY OFFICE NUMBER ONE CIVIC CENTER CIRCLE March 23, 1999 BREA, CALIFORNIA 92821 (714) 990-0901 FACSIMILE (714) 990.6230 OF COUNSEL WILLIAM K KRAMER 0593965 OUR FILE NUMBER 10572-00009 By Facsimile and U.S. Mail Affairs Corp. 06840 Re: FCC Form 394 Filed with the City of Diamond Bar (Century -TCI California, L.P.) Dear Mr. Bail: This letter supplements our previous letter to you dated March 9, 1999, which was submitted on behalf of 13 local franchising authorities, including the City of Diamond Bar. The Telecommunications Officer in the City of Diamond Bar has reviewed the FCC Form 394 that was filed on February 17, 1999, by the franchisee, Citizens Century Cable Television Venture. As legal counsel for the City of Diamond Bar, we are transmitting to you the following comments and requests for clarification: 1. The Management Agreement that is attached as Exhibit A to the Agreement of Limited Partnership has not been signed by either the partnership or the Century entity that will be responsible for the management and operation of the Diamond Bar franchise that will be contributed to the new limited partnership. Please advise us whether we will receive an executed copy of the Management Agreement prior to the expiration of the 120 -day review period. 2. The FCC Form 394 contains an unnumbered schedule that is identified as "Century Communications Record of Complaint for 1997 through July 1998: Diamond Bar (Diamond Bar)." This schedule summarizes seven complaints that were received between January 14, 1997, and May 4, 1998. City staff in Diamond Bar RICHARDS, WATSON & GERSHON Clifford A. Bail, Esq. March 23, 1999 Page 2 have records of more than seven complaints that were received during that time period. Please explain how this schedule was generated, what documents were relied upon, and the method used in determining which complaints would be included. 3. Schedule 1.17 to the Asset Contribution Agreement, entitled "Century System Contracts," contains paragraph -A that is captioned "Agreements to Serve Multiple Unit Dwellings." The reference to 11(714) Diamond Bar, CA" states that the relevant attachment has been redacted. Please provide us with copies of all currently effective agreements in the City of Diamond Bar that relate to the provision of cable television services to multiple -dwelling -unit complexes. 4. Schedule 1.18 to the Asset Contribution Agreement has a page entitled 11(714 Diamond Bar, CA - Franchise and Governmental Authorizations"). There is no reference to Ordinance 04A (1995), as adopted on December 5, 1995, which requires the franchisee, as the successor -in -interest to Jones Intercable, to employ a Grounding Technician and Maintenance Technician. These technicians are required to perform all necessary services to bring the cable television system into full compliance with the line construction requirements set forth in General Order 95 of the California Public Utilities Commission and the drop -grounding requirements set forth in the National Electrical Code NFPA 70. We are informed by Diamond Bar City staff that the current franchisee is not in compliance with these, line construction requirements and is unable to describe where in the cable system corrective,measures have been implemented. Please address this problem. 5. Schedule 5.10 to the Asset Contribution Agreement, entitled "Century Financial Statements - Changes or Events," was marked "None." Is a new Schedule 5.10 expected to be prepared and distributed to Diamond Bar and to other affected local franchising authorities as a consequence of the proposed merger of Century Communications Corp. with and into Adelphia Communications Corporation? As you are aware, this merger was announced after the FCC Form 394 was filed with Diamond Bar. 6. Schedule 5.16 to the Asset Contribution Agreement is entitled "Century Bonds." The current cable television franchise agreement between the City of Diamond Bar and the franchisee requires one performance bond for the upgrade of the cable system and another performance bond guaranteeing the performance of the franchisee's other obligations under that agreement. Neither of these performance bonds for the benefit of Diamond Bar is referenced in Schedule 5.16. Please explain this omission. RICHARDS, WATSON & GERSHON Clifford A. Bail, Esq. March 23, 1999 Page 3 Your prompt response to the matters identified in this letter will facilitate Diamond Bar's continuing review of the legal, technical, and financial qualifications of the proposed transferee of its cable television franchise. Thank you for your anticipated cooperation. Very truly yours, W;%.;. -g. -1*,*) � William B. Rudell WBR:syc 0593965 cc: Kellee Fritzal V William J. Rosendahl (Century) Derek Chang (TCI) ROBIN5. KAPLAN. MILLER 8 CIRE51 L.L.P. ATToRNCYs AT LAW ATLANTA SUITE 1600 M O S TO N 600 ANTON iOULEvAxD e•,rc.co COSTA MESA, CALIFORNIA 92626.7ta7 Let ANCCLCZ TREPHONEp141S40.6200 FACSIMILE 17141545.6915 r,rNNeAPoLla OnAftac Qawwrr SAINT ►AUL SAN FRANCISCO WA3r1rNpTON. o. C. April 7, I999 VIA FACSIMILE AND U.S. MAM William B. Rudell, Esq. Richards, Watson & Gershon 333 South Hope Street LOS Angeles, CA 90071-1469 Tnom" A. Mmm Re: Request for Additional Information Sapplemeating Franebise Transfer Application Submitted to the City of Diamond Bar Dear Mr. Rudcil: AS you know, we have been retained to assist Ce ury Communications Corp. ("Century', with certain cable television franchise transfers in Southerly California involving Century -TCI California, L.P. (the "partnership, ), including the City of Diamond Bar. Century requested that I respond on its behalf to your letter to Cliff Bail of March 23, 1999. While the transfer application was complete when delivered, including all documents necessary to an understanding of the Transactions by which the fi nchise would be transferred, Century has agreed to provide the following additional information in response to your request: 1. Item 1 in your letter requests that you be advised whether you will receive an executed COPY of the Management Agreement prior to the expiration of the 120 -day review period. The Man'281103W Agreement will be signed at the time the transaction closing documems are VACUted, and therefore will not be available within 120 days. 2. The cOmplaint record submitted with the Form 394 refloat an the complaints received by Century from Diamond Bar subscribers during the period. The apparent discrepancy may result SCI/3573"9.1 APR -07-1999 16 54 714 545 6915 ae williaaa B. Rudell, Esq. April 7, 1999 Page 2 from what is defined as a complaint, as opposed to a request for service. Century considers as a complaint" a writtce mon &CM a subsulber stating dlmdsfwdon with service, or as oral communication from a dissatisfied subscriber that is received at the local system by way of a subun'"'sCoMawith Century's 00MOMe Wr=. CoszURMications that requestrgaal ro that is not carried on the system report an incident of i�e or unsatisfisao P gramnlin' o which reflect cortfusi� that can be corrected g ry Picture quality, or by Mmomer education about the equipment or channel Positions. etc., m really requests for service. Century works with the callers and, where needed, 10 Century P the n9� for technical attention I understand that calls occasionally go not nay but to the Tdec*= u'cstions Office at the City, and are then forwarded to Centary for follow up. These calls would not be considered : unless U a request for some action, but to register disaticomplaint, 1t is specifically forwarded not 3. Item 3 of your letter requczs Century's private contracts for service to multiple d,,Ui,g unitProP�aa�er '• That mu are eongiden al business documents that are not available to the public. The informatioq in, these �s rd+ttes to the terms under which Century provides service to private IvIDU propeeties, and I and at a loss to understand how they would contribute to an understanding of ulna transfer, or the fauacial, tcdmical or legal qualifications of Century --TCI Califonria, L.P. A,ccardinglY, we consider the request unrasonable and must respectfully decline to provide this inforrnation. a• Your Item 4 seeks an Mpia�ion why Diamond Bar Ordinance 04A (1995) is not on the list of Franchise and Governmental AutbmizadOns (Schedule 1.19). That list is not intended to include all municipal ordinances that stay &&a a cable television system, only the documents wthormtlg ft operation of the systems. WWlc Ordinance 04A may address cable system remedial work, itis not among the class of $anchises and authorizations encompassed in the Schedule. As to the grounding work that is the subject of the ordinance, Century has hued a contractor to continue with the work begun by Jones prior to the franchise transfer. S• "Cemury'' as defined in the Asset Contribution Agreement is limited to the Southern California cable television systems. Accordingly, the Adelphia merges RdU have no effect on the representations contained in the Agreement or Schedule S. 10. Century does not intend to amend Schedule 5.10 based upon the proposed Adelphia merger. 6. The absence from Schedule 5.16 of the construction and performance bonds established for the City ofDiarnond Bar does not mean that they are not in effect. Century confirms that the bonds are in place and effective. 5C1/337%%1 APR -07-1999 16;54 .,. Its P.04.104 William B. Rudell, Esq. April 7, 1999 Page 3 We trust this Wf*rnnation will adequately respond to have cont your request. Please contact me with any questions of comments you may ernir� this matter. Thank you. Very truly yon, ROBINS LAN, MMLER & CIUSI L.L.P. omas A. Miller ?AWpmy cc; CliffBaH, Esq. Lee Perron SCvSS7$"9.t APR -437_i000 /G.wo TOTAL P.05 ROBINS, KAPLAN. MILLER 8 CIRESI L.L.P. ATTORNEYS AT LAW„ ATLANTA SUITE 1600 BOSTON 600 ANTON BOULEVARD CHICAGO ,COSTA MES^, CALIFORNIA 92626-7147 TELEPHONE (714) 540-6200 LOS ANGELES FACSIMILE(714)545-6915 MINNEAPOLIS ORANGE COUNTY SAINT PAUL SAN FRANCISCO WASHINGTON. D. C. April 14, 1999 William B. Rudell, Esq. *P ichards, Watson & Gershon 333 South Hope Street Los Angeles, CA 90071-1469 THOMAS A. MILLER Re: Request for Additional Information Supplementing Franchise Transfer Application Submitted to the Cities of Beverly Hills, Bradbury, Brea, Diamond Bar, Hermosa Beach, La Habra Heights, Monrovia, West Hollywood, Agoura Hills, La Puente, Temecula, Westlake Village, and Fairfield Dear Mr. Rudell: As you know, Century Communications Corp. ("Century") has retained this firm to assist with certain cable television franchise transfers in Southern California, including the referenced communities. Century requested that I respond on its behalf to your letter to Cliff Bail dated March 9, 1999 requesting additional information to supplement the Franchise Transfer Applications delivered to the referenced cities between February 15 and 17, 1999. You also should know that TCI has retained counsel to assist it with the referenced communities whose franchises currently are held by affiliates of TCI, and that my responses are on behalf of Century, and not TCI. While all the transfer applications were complete when delivered, including all documents necessary to an understanding of the transactions by which the franchises would be transferred, Century has agreed to provide (subject to the conditions contained in this letter) the following additional information identified in your request: 1. Your letter (Item 1 ) asks about the recently announced merger between Century and Adelphia Communications Corporation. Century fully expects that the transaction which is the subject of the immediate transfer application will proceed to conclusion, consolidating the regional assets of Century and TCI / AT&T under the control and management of Century. SC1/5575691-1 William B. Rudell, Esq. April 14, 1999 Page 2 Century -TCI California, L.P.- (sometimes referred to as the "Partnership") will hold the franchise (upon approval), and no material change in the documentation already submitted for transfer to the Partnership is required as a result of the Century / Adelphia transaction. The Form 8K'filed with the Securities and Exchange Commission concerning the Century / Adelphia merger, while not pertinent to the transaction at issue in this transfer application, is enclosed. Please be assured that appropriate requests for approval of a change in control will be prepared and submitted in those communities with franchises requiring such a submission, and that those applications will provide relevant information related to that transaction. 2. Organizational and ownership charts identifying all intermediate subsidiaries and other entities between (i) Century Communications Corp. and Century -TCI California, L.P.; and (ii) AT&T Corp. and Century -TCI California, L.P. are enclosed. 3. Responding to Item 3 in your letter, enclosed is a copy of Century -TCI California, L.P. Certificate of Limited Partnership that was filed with the office of the Secretary of State of Delaware. The partnership will be registered with the California Secretary of State and qualified to do business before closing of this transaction. At this time, it is expected that all the franchises, both those currently owned by affiliates of Century and currently owned by affiliates of TCI, will operate under the "Century Cable" business name. We will provide copies. of fictitious business name statements for any changes that may result. 4. Item 4.A. in your letter requests the exact identity of the Century affiliate that will undertake the management responsibility for the Partnership. As you know, many decisions are made during the period between the announcement and the closing of a transaction of the size we are discussing here. At this point, it has not been finally determined which entity will sign the Management Agreement attached as Exhibit A to the Agreement of Limited Partnership, although it is anticipated that it will be Century Communications Corp. (a Texas corporation), or a wholly owned subsidiary. The Management Agreement will be signed at the time the transaction closing documents are executed. While the Management Agreement provides for management responsibility, it will not affect the day to day operation of the systems serving the referenced franchises. Responding to Item 4.B., Century -TCI California, L.P. currently has no plans to form any subsidiaries. With regard to Item 4.C., the CSG Master Subscriber Management Agreement affecting the TCI affiliated systems, Century understands that the agreement is a confidential commercial document containing sensitive information that is closely held and is not available to the public. The contractual relationship between a cable operator and the business providing its subscriber data and billing services is irrelevant to an understanding of the transaction by which the SC1/5575691-1 William B. Rudell, Esq. April 14, 1999 Page 3 Partnership is acquiring ownership of the subject franchises, and will not materially affect an understanding of the financial, technical or legal qualifications of Century -TCI California, L.P. The @Home distribution agreements you request involve the terms under which unregulated services are to be secured, and would seem to be beyond the legitimate scope of the transfer process. Nevertheless, in an effort to advance the transfers, a copy of Century's @Home Network Distribution Agreement is provided. 5. Responding to Item 5.A. in your letter, the senior indebtedness that is contemplated to be arranged by the Managing Partner for the Partnership has not yet been negotiated. The Partnership anticipates that such senior indebtedness will be subject to interest rates, fees, covenants, payment terms and other terms and conditions as are customary for similar credit facilities in the cable television industry generally. The Partnership currently anticipates that such senior indebtedness will not cause the operating cash flow ratio of the Partnership to exceed 6.5 to 1 (debt to equity), and the Partnership may operate at levels significantly below that level. As to your Item 5.B. request, the "Five -Year Operating Plan," which contains confidential financial and market projections not generally available to the public, is provided, under seal, with this letter. However, Century does so on the condition and understanding that the information is and will be subject to the maximum confidentiality available under the law, used solely for the purpose of evaluating the requested franchise transfers and solely by persons with the official need to view them in connection with the transfers, and will not be treated as nor become public record. Ifthere is any reservation about receiving the enclosed information subject to these confidentiality conditions, please contact me before reviewing or forwarding the documents beyond your office. Century. will understand your retention of these documents as agreement to the confidentiality terms. Century does not relinquish nor waive its privacy and confidentiality interests in the documents by this submission except to the extent expressly provided in this paragraph. Responding to item 5(c), the amount of permitted debt to be assumed by the Partnership and, accordingly, the amount of senior indebtedness that the Partnership will necessarily incur to refinance such permitted debt, is not known at this time, but will be subject to customary terms and conditions as described in the response to item 5(a) above. The Partnership currently anticipates that such senior indebtedness will not cause the operating cash flow ratio ofthe Partnership to exceed 6.5 to 1 (debt to equity), and the Partnership may operate at levels significantly below that level. 6. Your request (Item 6) for the Hart-Scott-Rodino notification and report must be declined. As you are aware, such filings are entitled to confidentiality, as they contain sensitive commercial information that is not available to the public. There have been no inquiries from the Federal Trade Commission or the Department of Justice. The requested filings are designed to enable the Department of Justice to exercise its jurisdiction. Century is at a loss to understand how this information is reasonably necessary to an understanding of the transaction transferring SC1/5575691-1 William B. Rudell, Esq. April 14, 1999 Page 4 the franchises to the Partnership, or to an understanding of the financial, technical or legal qualifications of Century -TCI California, L.P. to operate the franchises. 7. Responding to your Item 7, as your letter noted, we already provided the one amendment to the Asset Contribution Agreement that currently exists. Should there be additional amendments to the Asset Contribution Agreement, they will be provided to you. We trust this will adequately respond to your request for additional information. Please contact me with any questions or comments you may have concerning this matter. Thank you. Sincerely, ROBINS, LAN, MILLER & CIRESI, LLP 4oemas A. Miller TAM/pmy Enclosures M. Cliff Bail, Esq. Lee Perron, V.P. SC1/5575691-1 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. ,2 TO: Honorable Mayor and Members of the City Council MEETING DATE: May 18, 1999 REPORT DATE: May 10, 1999 FROM: Terrence L. Belanger, City Manager TITLE: Award of Contract for Special Legal Services to Richards, Watson & Gershon for Review of the Cable Television Transfer — Century Communications to Adelphia Communications SUMMARY: On March 5, 1999, Century Communications entered into a merger agreement with Adelphia Communication Corporation. The City received an Application for Franchise Authority consent to assignment or Transfer of Control of Cable Television Franchise FCC Form 394, on April 26, 1999. A cable transfer request must be acted upon, either approved or denied, by the City Council within 120 days of receipt of the Application (August 23). The City must review the application, especially the legal, technical and financial aspects. The City requires the applicant to cover all legal and/or technical costs required in reviewing the transfer. A deposit of $2,000 from the applicant (Century) has been obtained. Richards, Watson and Gershon provided the legal review for 1997 Franchise Agreement with Jones Intercable and the transfer to Century Communications and are in the process of completing the 1999 Century /TCI transfer request. RECOMMENDATION: It is recommended that the City Council authorize a contract with Richards, Watson & Gershon for special legal services pertaining to the Cable Transfer Application for an amount not to exceed $2,000 and authorize the City Manager to enter into said contract. LIST OF ATTACHMENTS: X Staff Report — Public Hearing Notification _ Resolution(s) Bid Specification — Ordinance(s) Other: Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed N/A _ Yes _ No by the City Attorney? 2. Does the report require a majority vote? X Yes _ No 3. Has environmental impact been assessed? N/A _ Yes _ No 4. Has the report been reviewed by a Commission? _ Yes X No Which Commission? 5. Are other departments affected by the report? _Yes X No Report discussed with the following affected departments: REVIEWED BY: ILIL_k LA GC Terrence L. Belanol Kellee A. Fritzal City Manager Assistant to the City Manager a�CORPAKOVRYORATION U�� UIND 50 Locust Avenue New Canaan, CT 06840 203-972-2000 April 22, 1999 Terrence L. Belanger City Manager 21660 E. Copley Drive Suite 100 Diamond Bar, CA 91765-4177 Re: Century Merger with Adelphia - Request for Consent to Change of Control Dear Mr. Belanger: We are writing to you about an exciting development for Century Communications Corp. and to formally request any consent from you that may be required by the franchise or applicable law. On March 5, 1999, Century Communications Corp. ("Century"), the ultimate parent corporation of Citizens Century Cable Television Venture, the corporation that holds the franchise with your community, entered into a merger agreement with Adelphia Communications Corp. ("Adelphia"). As a result of this merger, Adelphia will become the ultimate parent company of Century and will be the fifth largest cable television operator in the country, serving approximately 5 million subscribers. Additional information about. Adelphia is provided in the attached documents. Both Century and Adelphia are excited about the merger. We believe that the combined expertise and initiative of Century and Adelphia will bring our customers superior service and expanded choices in products and services. Our records indicate that the terms of our franchise with your community may require that we obtain consent to this change of control. To provide you with all information necessary to grant consent to this merger we have enclosed three copies of the Federal Communications Commission's (FCC) Form 394. According to the FCC, the Form 394 provides a franchising authority with all of the information necessary to assess the financial, legal and technical qualifications of the proposed new controlling entity. In considering this information, it is important to note that the standard of review for a franchise transfer, in this case a change of control, is different from the standard used to renew a franchise. The issues to be reviewed in the transfer process involve only whether or not the transferee, in this case Adelphia, possesses the legal, technical and financial qualifications to serve as the parent company of the franchisee. Additionally, while the renewal process may take up to 36 months or longer, under FCC rules, a franchise authority has 120 days from receipt of this information to review it and to act upon our request for consent to the merger. Should you 91551.1/C April 22, 1999 Page 2 choose not to take any action within this 120 -day period, under federal law, your consent will be deemed granted. As you know, we -forwarded to you in February another FCC Form 394 regarding consent for the assignment of the franchise in connection with the separate Century/TCI transaction. We are requesting that you continue to process the Century/TCI application, since the transaction with TCI will proceed independent of the Century/Adelphia merger. And it is possible that at the time the joint venture is formed Century will not have merged with Adelphia. In your consideration of these applications though, please allow for the possibility of either transaction closing first. This will save the community valuable time and resources in the review process and give Century and Adelphia needed flexibility in closing these transactions without placing additional burdens on the community. For your convenience, we have attached a draft resolution which can be used as a model for granting consent. We would hope that you could place this resolution on the agenda for your next meeting. To the extent that you desire to change the form resolution, we would appreciate being involved in that process to ensure that the final language of the resolution you adopt will meet the requirements of the Century/Adelphia Agreement. We hope you will find the prospect of the Century/Adelphia merger as exciting as we do. Please keep in mind that even after the transaction is completed, the franchise will continue to be held by the same franchisee, and there will be no change in local management. The franchisee will continue to be bound by all of the terms and conditions of its franchise agreement with you, and the only change will be that the franchisee will have a new parent. We would be happy to discuss the proposed transfer in more detail and to answer any questions you may have. Please feel free to contact me at 310-315-4476 or Lee Perron, my Vice President of Corporate Affairs, at 310-264-8043 or the individual at Adelphia listed in the enclosed Form 394. We look forward to continuing to serve the cable needs of your community. Very truly yours, William J. Rosendahl Senior Vice President 91551.11C AGENDA NO. 9.3 NO DOCUMENTATION AVAILABLE AGENDA NO. 9.4 NO DOCUMENATION AVAILABLE MEMORANDUM TO: Honorable Mayor and City Council Members VIA: Terrence Belanger, City Manager FROM: James DeStefano, Deputy City Manager DATE: May 17, 1999 SUBJECT: Clean Up Revision to Resolution and Ordinance for the Adoption of California Building Codes Attached are the revised copy of Resolution and Ordinance for the adoption of the California Building Codes reflecting changes as recommended by the City Attorney. The changes are highlighted for your convenience. Should you need clarification on the Ordinance and Resolution, please feel free to contact Dennis Tarango at (909) 860-3195. CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. v: 1 errence L. Belanger, City Manager MEETING DATE: May 18, 1999 REPORT DATE: May 12, 1999 FROM: James DeStefano, Deputy City Manager TITLE: (1) An Ordinance of the City of Diamond Bar amending Title 15 of the Diamond Bar Code (2) A RESOLUTION OF THE CITY -COUNCIL OF THE CITY OF DIAMOND BAR MAKING EXPRESS FINDINGS AND DETERMINATION THAT MODIFICATIONS TO THE CALIFORNIA BUILDING CODE. CALIFORNIA PLUMBING CODE, AND CALIFORNIA ELECTRICAL CODE, AS ADOPTED BY ORDINANCE NO. XX -(1999), ARE REASONABLY NECESSARY BECAUSE OF LOCAL CLIMATIC, GEOLOGICAL OR TOPOGRAPHICAL CONDITIONS. SUMMARY: The State of California reviews its Model Building Code regulations every three years, and adopts the most current California Building Codes printed by the Intonational Conference of Building Officials. The State of California adopted the 1998 California Building Code, 1998 California Plumbing Code, 1997 Uniform Housing Code, and 1998 California Mechanical Code, 1998 California Electrical Code in January, 1999. Local jurisdictions are required to adopt said codes by ordinance within six(6) months or they will automatically be adopted by operation of law. The State allows local municipalities to amend the California Building Codes to meet the unique climatic, geographical, and topographical conditions of the City. RECOMMENDATION: It is recommended that the City Council introduce the ordinance and set a date for public hearing on June 1, 1999. LIST OF ATTACHMENTS. - _2L Staff Reports _ Public Hearing Notification x Resolution _ Bid Specification (on file in City Clerk's Office) x Ordinances x Other: Documents on file in the City Clerk's Office _ Agreement(s) EXTERNAL DISTRIBUTION: Fire Department and Building Industry Association (B.I.A.) SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed x Yes No by the City Attorney? — 2 Does the report require a majority or 4/5 vote? Majority 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? _x–Yes No Report discussed with the following affected departments: Engineering_DMt /Fu_ a Dent REVIEWED BY: Terrence L. Belanger James DeStefano Dennis A. Tarango City Manager Deputy City Manager Building Official CITY COUNCIL REPORT AGENDA NO. MEETING DATE: May 18, 1999 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: (1) An Ordinance of the City of Diamond Bar amending Title 15 of the Diamond Bar Code (2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR MAKING EXPRESS FINDINGS AND DETERMINATIONS THAT MODIFICATIONS TO THE CALIFORNIA BUILDING CODE, CALIFORNIA PLUMBING CODE, AND CALIFORNIA ELECTRICAL CODE, AS ADOPTED BY ORDINANCE NO. XX- (1999), ARE REASONABLY NECESSARY BECAUSE OF LOCAL CLIMATIC, GEOLOGICAL OR TOPOGRAPHICAL CONDITIONS ISSUE STATEMENT: The State of California reviews its Model Building Code regulations every three years, and adopts the most current California Building Codes printed by the International Conference of Building Officials. The State of California adopted the 1998 Building Code, 1998 Plumbing Code, 1997 Uniform Housing Code, and 1998 Mechanical Code, 1998 Electrical Code in January, 1999. Local jurisdictions are required to adopt said codes by ordinance or they will automatically be adopted by operation of law. The State allows local municipalities to amend the California Building Codes to meet the unique climatic, geographical, and topographical conditions of the City. RECOMMENDATION: It is recommended that the City Council introduce the ordinance and set a date for public hearing on June 1, 1999. BACKGROUND: The building code is not a modern concoction. The history of building regulation and codes extends back thousands of years. We find mention of building laws from the time of ancient Babylonian Empire of Hammurabi, about 2000 B.C. The building code of Hammurabi is the earliest known code of law. Excerpts from this code include: "If a builder has built a house for a man and his work is not strong, and if the house he has built falls in and kills the householder, that builder shall be slain." Our American building codes evolved from the cycle of needs and dangers arising out of unregulated construction. The colonists took whatever building materials were at hand and constructed hastily improvised shelters. As has always, unfortunately, been the case, our modern building codes were the result of an evolutionary process that has its roots deeply embedded in disaster and tragedy. From 1800 to 1900, 1.1 major American cities were devastated by fires that took unrecorded numbers of lives and damaged or destroyed property in the hundreds of millions of dollars, including the Chicago fire of 1871. It is probably safe to say, that a combination of building inspection and fire prevention efforts working together have resulted in great reductions in fire losses. When the question is asked, "Why do we need building laws?", it would be safe to say that in the past 5000 years mullions of lives have been sacrificed for lack of such laws. The primary intent of building regulations is to provide reasonable controls for the construction, use and occupancy of buildings, and all of their various components. Thus, such codes are minimum in nature, however the word minimum should not be misconstrued as inferior or shoddy work. Codes must be based upon what is generally accepted as good standards of construction. Only those codes which are reasonable, practical, or necessary can be legally enforced. Properly written codes will contain provisions requiring that buildings and structures be erected, utilized and maintained in a manner which reduces the risk to human life. The authority to regulate the construction and use of buildings and structures through the application of codes is a valid and proper exercise of the enforcement agency, be it the state, county or municipality. DISCUSSION: The State of California reviews its Model Building Code regulations every three years which allows the State to approve and review the most current construction practices and materials, and adopts the most current California Building Codes printed by the International Conference of Building Officials. The State of California adopted the 1998 Building Code, Volumes 1, 2, and 3, 1998 Plumbing Code, 1997 Uniform Housing Code, 1998 Mechanical Code, and 1998 Electrical Code in January, 1999. Local jurisdictions are required to adopt said codes by ordinance or they will automatically be adopted. The State allows local municipalities to amend the California Building Codes to meet the unique climatic, geographical, and topographical conditions of the city. CITY ADOPTION: On December, 1995, the Diamond Bar City Council adopted the 1994 Uniform Model Code to meet the state mandates. Since then, the State of California has adopted the most current Uniform Model Codes printed by the International Conference of Building Officials. During the state adoption process, changes and omissions have occurred. These changes and omissions are enclosed in the 1998 edition of above referenced codes. In January of this year, the State of California adopted the 1998 codes, which allowed local cities, by law, 180 days to follow suit if said cities intend to modify the state codes. This year local cities have until July, 1999 to amend and adopt the 1998 Uniform Codes. The attached proposed ordinance amends Title 15 of the Diamond Bar Code, by adopting the 1998 Uniform Model Codes, and also, the ordinance makes reference to the amendments to the Uniform Model Codes to meet the unique climatic, geographical, and topographical conditions of the City.. The 1998 State Model Codes included the integration of three Model Codes: The B.O.C.A. Code, the S.B.C.C. Code, and the I.C.B.O. Code. By integrating the three codes, the 1998 State Model Code is widely used throughout the United States. The 1998 edition includes three volumes. Volume One includes administrative, fire and life -safety, and field inspection provisions. Volume Two contains structural engineering design provisions. Volume Three contains material, testing and installation standards. The most significant technical change from the 1994 codes to the 1998 codes are as follows: In the engineering section of the California Building Code, structural member values have been reduced, which means that larger framing/structural members are to be used. Stricter design criteria are mandated for both commercial and residential structures. These changes are due to the knowledge acquired by designers and code administrators during the period following the 1998 Northridge earthquake. Other changes include penetration through fire walls, flame barriers, parapet construction, labels for fire doors, sprinkler requirements for "M" occupancies, means of egress, exit travel requirements through intervening rooms, hazardous location — pool barrier, glass and glazing scope, attic and laundry ventilation, design load for patio covers, repair building damaged by natural disaster, anchorage of concrete or masonry walls in seismic zone 3 & 4, prescriptive sill bolting requirements for seismic zone 3 & 4 has been increased. A brief description of the City of Diamond Bar amendments to the California Building Codes: Section 202.c is amended to give the Building Official "Right of Entry" when in possession of a warrant. Section 204.1 and (b) establishing the City Council to act as a Board of Appeals in making a final determination of any appeal filed against the Building officials code interpretations or alternate materials. Section 301(a) has been amended to allow the Building staff to require permits for all demolitions, thus mandating the Department's review of all .demolition sites for maintenance and safety conditions (e.g. pedestrian protection). Section 301.2.1.1. is amended to further define storage sheds, tool sheds, and similar accessory buildings. After reviewing the code enforcement files it has come to our attention that the so-called tool sheds and playhouses are equipped with elaborate electrical and plumbing systems which may be used for housing people. This amendment requires a permit for such a structure. Section 303.4 has been amended to reduce the demolition permit duration from 180 days to 45 days. This amendment will allow the Building staff to review the building sites more frequently, thus expediting the demolition phase of projects and reducing the possible eyesores related to demolition projects. Section 1806. 10 is added to establish minimum design criteria for all foundation work in expansive soil conditions. Throughout the City of Diamond Bar expansive soil (adobe) exists, which mandates a soils report for any foundation work. By adopting this amendment, the costly soils report can be omitted from the typical room addition plans. Section 1503 is amended to require a Class "C" roof material for all new buildings and existing buildings throughout the City of Diamond Bar when twenty-five percent (25%) or more of the roofed area is reroofed within a one year period. The class "C" rated roof is effective against light fires and may consist of wood shakes, which have been treated with fire retardant materials. Section 3304.5 (Appendix) is added to transfer the power and duties usually exercised by the Building official on all items dealing with excavation and grading to the City Engineer. This amendment is proposed due to the complexity of the submitted grading plans, due to the diverse topography in the City of Diamond Bar. Dealing with this type of challenge requires the expertise of a civil engineer that is accustomed in addressing these projects, and this amendment would address this need. Article 336-3 (a) Uses Permitted. Section 110.14 omits the use of Aluminum conductors less than No.4 AWG. This amendment would allow aluminum wire for convenience outlets and lighting. 336-3 (a) Type NM. Type NM cable shall be permitted for beth exposed concealed work in normally dry locations. It shall be permissible to install or fish Type NM cable in air voids in masonry block or tile walls where such walls are not exposed or subject to excessive moisture or dampness. Amended to read: 336-3 (a) Type NM. Type NM cable shall be permitted for concealed work in normally dry locations. It shall be permissible to install or fish Type NM cable in air voids in masonry block or tile walls where such walls are not exposed or subject to excessive moisture or dampness. 336-3 (b) Type NMC. Type NMC cable shall be permitted: (1) for beth -expo concealed work in dry, moist, damp, or corrosive locations, (2) in outside and inside walls of masonry block or tile; (3) in a shallow chase in masonry, concrete, or adobe protected against nails or screws by a steel plate at least 1/16 inch (1.59 mm) thick and covered with plaster, adobe, or similar finish. Amended to read: 336-3 (b) Type NMC. Type NMC cable shall be permitted: (1) for concealed work in dry, moist, damp, or corrosive locations; (2) in outside and inside walls of masonry block or tile; (3) in a shallow chase in masonry, concrete, or adobe protected against nails or screws by a steel plate at least 1/16 inch (1.59 mm) thick and covered with plaster, adobe, or similar finish. These changes will help eliminate damage to nonmetallic cable in locations subject to damage due to weather, ultra -violet light, or personal use (i.e. garages, attics, under exterior soffits, under open -roofed patios). 336-4. Uses not Permitted. 336-4 (a) Type NM or NMC. Types NM and NMC cables shall not be used: (1) in any dwelling or structure exceeding three floors above grade: (2) as service -entrance cable; (3) in commercial garages having hazardous (classified) locations as provided in Section 51 l-3; (4) in theaters an - ns; (7) in any hazar sept as peFmi4ed by See4iens 501 4(b), Exeeptie--, and 504 20. Article 336-4 (a) Amended to read: 336-4 (a) Type NM or NMC. Types NM and NMC cables shall not be used: (1) in any dwelling or structure exceeding three floors above grade; (2) as service entrance cable; (3) in commercial and industrial buildings. For the purpose of this article, the first floor of a building shall be that floor that has fifty percent or more of the exterior wall surface area level with or above finished grade. One additional level that is the first level and not designed for human habitation and used only for vehicle parking, storage, or similar use shall be permitted. Currently, the Building Department is encountering many cases of damage to nonmetallic -sheathed cable during inspections of commercial tenant improvements. Most of said damage is due to the use of steel studs, which is mandated by the building code. The original article contained many exceptions to commercial .use already, however this change will broaden the safety net to include office type uses. Table 300-5. Minimum Cover Requirements, 0 to 600 Volts, Nominal, Burial in Inches (Cover is defined as the shortest distance measured between a point on the top surface of any direct buried conductor, cable, conduit or other raceway and the top surface of finished grade, concrete, or similar cover.) See attached for existing Table 300-5. Table 300-5 amended to read: All conductors, cables, conduits, or other raceway used for one -and two family dwelling driveways and parking areas, and used for no other purpose, shall be buried no less than 24 inches below finished grade. Due to the expansive -type soil throughout Diamond Bar, it is necessary to add the additional six inches burial of the Electrical wiring under one -and -two family dwelling driveways and parking areas. The proposed ordinance reintroduces the Uniform Administrative Code 1997 Edition, which will aid the Building Official in administrative, organizational and enforcement rules and regulations for the technical codes which regulate the site preparation and construction, alteration, moving, demolition, repair, use and occupancy of buildings, structures and building service equipment within the City of Diamond Bar. Also revised by this ordinance is the Uniform Housing Code 1997 Edition. This code establishes minimum requirements for housing standards, thus enhancing the quality of living in the City of Diamond Bar. It gives the City authority to address the maintenance of residential housing as relates 5 to required exiting, minimum light and ventilation, sanitation facilities, electrical wiring, and weather protection. Within the Code there is provision for abatement of substandard housing. Highlighted within this ordinance is the addition to the plumbing code which requires all new structures, to be equipped with an additional main for future use of reclaimed water for landscape irrigation systems. The Building staff discussed the high rise package (Section 1807 special Provisions) with the Fire Department and concluded that the County equipment (ladders) can meet the 75 foot height limitation mandated by Section 1807 of the 1998 California Building Code. The Department recommends that no modification to this section is required. A copy of the proposed amended Codes have been provided to the Building Industry Association (B.I.A.) for their review and comment. A response from the Building Industry Association (B.I.A.) was received, informing the Building Department that the proposed amendments to the Uniform Model Codes were minor in nature and would not have an impact on the building industry. The Fire Department has received and reviewed the proposed California Building Code amendments and has determined that the amendments will not negatively impact the Fire Codes. Pursuant to the government code, a public hearing must be scheduled with a notice published at least 14 days prior to the adoption of the ordinance. PREPARED BY Dennis A. Tarango, C.B.O. Building Official Attachments: 1. Draft Ordinance No. (X) 1999 2. Draft Resolution No. 99- XX C. RESOLUTION NO. 99 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR MAIQNG EXPRESS FINDINGS AND DETERMINATIONS THAT MODIFICATIONS TO THE CALIFORNIA BUILDING CODE, CALIFORNIA PLUMBING CODE, AND CALIFORNIA ELECTRICAL CODE, AS ADOPTED BY ORDINANCE NO. 99- XX ARE REASONABLY NECESSARY BECAUSE OF LOCAL CLIMATIC, GEOLOGICAL OR TOPOGRAPHICAL CONDITIONS. A. Recitals. (i) California Health and Safety Code Section 17922 requires all cities to adopt, as the City Building Standards Code, the State Building Standards Code adopted pursuant to the provisions of Chapter 4 of Part 2.5 of Division 13 of the California Health and Safety Code. (ii) Section 17958.5 of the California Health and Safety Code provides, in pertinent part, as follows: "...a city or county may make such changes or modifications in the requirements contained in the provisions published in the State Building Standards Code and the other regulations adopted pursuant to Section 17922 as it determines, pursuant to the provisions of Section 17958.7, are reasonably necessary because of local climatic, geological or topographical conditions." (iii) Prior to making the modification permitted under Section 17958.5 of the California Health and Safety Code, this Council is required to make an express finding that such modifications or changes are reasonably necessary. (iv) This Council desires to amend the provisions of sections 1806. 10, 1503, 1504, Table No. 15A, 904.22, and appendix Chapter 33 of the "California Building Code", 1998 Edition. (v) This Council desires to amend the provisions of Sections 320 and 722.6 of the "California Plumbing Code", 1998 Edition. (vi) This Council desires to amend the provisions of Section 110-14, 336-3, Section 336-4 and Table No. 300.5 of the "California Electrical Code", 1998 Edition. (vii) All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, be it found, determined and resolved as follows: 1. In all respects as set forth in the Recitals, Part A, of this Resolution. 2. This Council does hereby expressly find and determine that the amendments set forth in this Ordinance 99 -XX amending Section 1806.10 and appendix Chapter 33 of the "California Building Code", 1998 Edition, and adding subsection 722.6 of the "California Plumbing Code", 1998 Edition, are reasonably necessary because of local climatic, geological or topographic conditions. This express finding is supported and based upon the following more specific findings and determinations: a. The hillsides in Diamond Bar are composed of Puente Formation, and similar weak geological materials, while neighboring flatland area are composed of more stable fill and alluvial materials. These materials may be naturally unstable or weak in terms of physical support. These highly expansive soil conditions are vulnerable to earth movement. b. The City of Diamond Bar experiences diverse temperatures, which promotes expansion and contraction of the soil. This condition is very damaging to expansive type soil. C. Because of the above-described climatic and geological conditions, the City of Diamond Bar requires special engineering to support habitable structures within the unstable soil areas and requires additional measures to be taken in connection with excavation and grading on private properties. This will decrease possible damage due to natural earth expansion and seismic activity. 3. This Council does hereby expressly find and determine that the amendments set forth in Ordinance No. , amending Sections 1503, 1504, and Table No. 15A of the "California Building Code", 1998 Edition, are reasonably necessary because of local climatic, geological or topographic conditions. This express finding is supported and based upon the following more specific findings and determinations: a. Located throughout the City of Diamond Bar, as well as in the surrounding cities, are numerous concentrations of structures which have roofs constructed of thinly cut pieces of wood, otherwise known as untreated shakes, as well as untreated wood shingles. These untreated wood shakes and shingles are extremely combustible in nature. b. The City of Diamond Bar, as well as the surrounding cities, is located in an area climatically classified as "arid" and prone to winds of high velocity. Moreover, due to the and 2 nature of the area, the weather during the windy periods tends to be very warm and dry. The dry weather conditions are very hazardous to the surrounding undeveloped hillsides and wild lands which neighbor highly populated areas. C. Because of the above-described climatic and meteorological conditions, the City of Diamond Bar and the surrounding cities have historically suffered from occasional structural and brush fires. These have often been difficult to control due to the high velocity, dry winds carrying sparks and cinders to surrounding structures with roofs constructed as described in paragraph 3.a. above. 4. This Council does hereby expressly find and determine that the amendments set forth in Ordinance No. , amending Sections 904.22 of the "California Building Code", 1998 Edition, are reasonably necessary because of local climatic, geological, or topographic conditions. This express finding is supported and based upon the following more specific findings and determinations: a. The City of Diamond Bar is located in a seismically active area and is in close proximity to earthquake fault zones (Whittier fault, just south of Tonner Canyon; Chino fault passes within a mile of the city's eastern boundary), and it is reasonably foreseeable that an earthquake would render the City of Diamond Bar particularly vulnerable to devastation. Further, the City of Diamond Bar is bisected by major freeways, located primarily in a north -south direction. Substantial number of flood control facilities additionally exist, as well as freeway overpasses and major railroad right-of-ways. b. Because of the above-described geological conditions within the city, and the substantial amount of freeway, railroad, and flood control facilities throughout the community, the City of Diamond Bar, in the event of an earthquake, may be unable to dispatch an adequate number of fire personnel and apparatus to suppress fires and conduct rescue operations. Moreover, the conditions within Diamond Bar likewise occur in surrounding communities, hereby rendering mutual aid assistance problematic, at best. c. Furthermore, climatic conditions within the community render it extremely likely that, in the event of seasonal high winds and earthquake occurring, the County Fire Department would be unable to suppress numerous fires occurring throughout the community. Installation of sprinkler systems in buildings above three stories in height will enable suppression activities to be directed to those areas which are unprotected in the event of earthquake activity. 5. This Council does hereby expressly find and determine that the amendments set forth in Ordinance No. , amending Section 318.0 of the "California Plumbing Code", 1998 Edition, are reasonably necessary because of local climatic, geological or topographical conditions. This express finding is supported and based upon the following more specific findings and determinations: a. The City of Diamond Bar is subject to drought conditions. Its water provider, the Metropolitan Water District, may restrict local water supplies in such cases and impose surcharges on water supplied in excess of these levels. As water supplies are restricted further and the price of water rises, the City of Diamond Bar will find it difficult to maintain hillside erosion control and the general quality of life in our community will suffer. b. Because of the above-described climatic condition affecting the City of Diamond Bar, the need for alternative methods of providing landscape irrigation is enormous. The use of reclaimed water will help to meet this demand, now and in the future. 6. This Council does hereby expressly find and determine that the amendments set forth in Ordinance No. , amending Sections 110-14, 336-3, 336-4 and Table No. 300.5 of the "California Electrical Code% 1998 Edition, are reasonably necessary because of local climatic, geological or topographical conditions. This express finding is supported and based upon the following more specific findings and determinations: a. As found in paragraph 4.b., the City of Diamond Bar is located in a seismically active area and is in close proximity to earthquake fault zones (Whittier fault, just south of Tonner Canyon; Chino fault passes within a mile of the city's eastern boundary), and it is reasonably foreseeable that an earthquake would render the City of Diamond Bar particularly vulnerable to devastation. Further, the City of Diamond Bar is bisected by major freeways, located primarily in a north -south direction. Substantial number of flood control facilities additionally exist, as well as freeway overpasses and major railroad right-of-ways. b. Because of the above-described geological conditions within the city, and the substantial amount of freeway, railroad, and flood control facilities throughout the community, the City of Diamond Bar, in the event of an earthquake, may be unable to dispatch an inadequate number of fire personnel and apparatus to suppress fires and conduct rescue operations. Moreover, the conditions within Diamond Bar likewise occur in surrounding communities, hereby rendering mutual aid assistance problematic, at best. C. Furthermore, as found in paragraph, 2.b., of this Resolution, climatic conditions within the community render it extremely likely that in the event of seasonal high winds and earthquake occurring, the County Fire Department would be unable to suppress numerous fires occurring throughout the community. Therefore protection of electrical wiring is essential in the above described events and this protection is magnified in high occupancy buildings. ADOPTED AND APPROVED this _ day of , 1999. Mayor 4 I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of Diamond Bar held on the day of _ 1999 by the following vote: AYES: COUNCE MEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCELMEMBERS: ATTEST: City Clerk of the City of Diamond Bar 5 ORDINANCE NO. 99 -XX AN ORDINANCE OF THE CITY OF DIAMOND BAR AMENDING TITLE 15 OF THE DIAMOND BAR CODE ADOPTING, BY REFERENCE, THE "UNIFORM ADMINISTRATIVE CODE", 1997 EDITION, THE "CALIFORNIA BUILDING CODE", 1998 EDITION, VOLUMES 1, 2, AND 3, INCLUDING ALL APPENDICES THERETO, THE "CALIFORNIA MECHANICAL CODE", 1998 EDITION AND THE APPENDICES THERETO, THE "CALIFORNIA PLUMING CODE", 1998 EDITION AND THE APPENDICES THERETO, THE "CALIFORNIA ELECTRICAL CODE", 1998 EDITION AND THE APPENDICES THERETO, "THE UNIFORM HOUSING CODE", 1997 EDITION AND THE APPENDICES THERETO AND THE "UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE", 1997 EDITION, TOGETHER WITH CERTAIN AMENDMENTS, ADDITIONS, DELETIONS AND EXEPTIONS INCLUDING FEES AND PENALTIES. A. Recitals. (i) Section 17922 of the California Health & Safety Code mandates the adoption, by reference, of the uniform codes. (ii) At least one copy of each of the codes and standards identified in this Ordinance and certified as full, true and correct copies thereof by the City Clerk of the City of the City of Diamond Bar have been filed in the office of the City Clerk of the City of Diamond Bar in accordance with the provisions of California Government Code § 50022.6. (iii) All legal prerequisites to the adoption of this Ordinance have occurred. B. Ordinance. NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby find, determine and ordain as follows: Section 1• In all respects as set forth in the Recitals, Part A, of the Ordinance. 1 Section 2: Ordinance No. XX (1999), as heretofore adopted, hereby is repealed as of the operative date of this ordinance, provided, however, that said repeal shall not apply to or excuse any violation thereof occurring prior to the effective date of this Ordinance and provided further that the California codes as adopted therein by reference and amended by Ordinance No. (1999) of the City of Diamond Bar shall continue to be applicable to construction wherein plans have been submitted for plan check as of the effective date of this Ordinance so long as. the initial permit therefor is issued not later than ninety (90) days after the effective date of this Ordinance. Section 3: "Amending Division 2 of Chapterl5.00 of Title 15 of the Diamond Bar City Code to read, in words and figures, as follows: DIVISION 2. UNIFORM ADMINISTRATIVE CODE "Sections: " 15.00. 110 Uniform Administrative Code - Adopted " 15.00.120 Amendments Section 202.1 - Amended. Section 202.3 - Amended. Section 202.9 - Deleted. Section 204 - Amended. Section 204.1 -Amended. Section 204.2 - Amended. Section 301.1 -Amended. Section 301.2.1.1. - Amended. Section 301.2.1.2. - Amended. Section 301.2.1.5. - Amended. Section 301.2.1.11 - Amended, Section 302.1 - Amended. Section 303.4 - Amended. Section 303.6 - Added. Section 304.2 - Amended. Section 304.3 - Amended. Section 304.4 - Amended. Section 304.5 - Amended. Section 304.6 - Amended. Section 310 - Added Section 310.1 - Added Section 310.2 - Added Section 310.2.- Added Section 310.2.- Added Section 310.2.- Added 2 Section 311 - Added Section 312 - Added Tables Deleted - Fees Established "15.00.130 Penalties - Added "15.00.110 Uniform Administrative Code - Adopted. "The Uniform Administrative Code", 1997 Edition, as published by the International Conference of Building Officials, hereby is adopted, in its entirety, except as hereinafter provided, as the Administrative Code of the City of Diamond Bar pertaining to building and construction regulations within the City, together with the amendments, additions, deletions and exceptions set forth in this Division. "15.00.120 Amendments Section 202.1- Amended. "Section 202.1 of the Uniform Administrative Code hereby is amended to read, in words and figures, as follows: "Section 202.1. General. The Building Official shall enforce the provisions of the Chapter and shall have the responsibility for making interpretations of the Uniform Codes, for deciding upon the approval of equipment and materials, and for granting the special permission contemplated in a number of code sections hereof. Section 202.3 - Amended. "Section 202.3. of the Uniform Administrative Code hereby is amended to read, in words and figures, as follows: "Section 202.3. Right of Entry. The Building Official, or his duly authorized representative, shall have the authority to enter any building or premises for the purpose of investigation of the existence of suspected or reported damage or defects which constitute an immediate danger to human life or an immediate hazard to public safety or health. Except in emergency situations, the Building Official, or his authorized representative, shall not anter any building or premises without the consent of the owner or occupant thereof, unless he possesses a warrant authorizing entry and search of the premises. No person shall hinder or prevent the Building Official, or his authorized representative, while in the performance of the duties herein described as emergency situations or while in possession of a warrant, from entering upon and into any and all premises under his jurisdiction, at all reasonable hours, for the purpose of inspecting the same to determine whether or not the provisions of the Chapter and all other applicable laws or ordinances pertaining to the protection of persons or property are observed therein. 3 Section 202.9 - Deleted. "Section 202.9. of the Uniform Administrative Code hereby is deleted, in its entirety. Section 204 - Amended. "Section 204 of the Uniform Administrative Code hereby is amended to read, in words and figures, as- follows: "Section 204.1. Appeals. A decision of the Building Official regarding the interpretation or implementation of any provision of this Chapter or the Code adopted hereby shall be final and shall become effective forthwith upon the service of the decision by the Building Official, in writing, upon the permittee. For the purposes of this section, service upon the permittee shall mean either personal delivery or placement in the United States Mail, postage prepaid, and addressed to the permittee at his last known business address; provided, however, that the permittee may, within ten (10) days after the effective date of the decision of the Building Official, file an appeal with the City Clerk, in writing, specifying the reason or reasons for the appeal and requesting that the Board of Appeals review the decision of the Building Official. "Section 204.2. The City Council shall act as the Board of Appeals in making a final determination of any appeal filed in accordance with the provisions of Section 204 of this Code. The City Clerk shall schedule a hearing on the appeal at reasonable times at the convenience of the Board of Appeals, but not later that thirty (30) days after receipt of the written appeal. The permittee may appear in person before the Board or be represented by an attorney and may introduce evidence to support his claim. The Building Official shall transmit to the Board all records, papers, documents, and other materials in support of his decision and shall provide a copy thereof to the permittee appealing the decision of the Building Official. The permittee appealing the decision of the Building Official shall cause, at his own expense any tests or research required by the Board to substantiate his claim to be performed or otherwise carried out. The Board may continue such appeal hearing from time to time as deemed necessary by the Board. The Board may, by resolution, affirm, reverse or modify in whole or in part, any appealed decision, determination, or interpretation of the Building Official. A copy of the resolution adopted by the Board shall be mailed to the permittee and the Board's decision shall be final upon the mailing, by United States Mail, postage prepaid, to the permittee's last known address of record. Section 301.1. - Amended. "Section 301.1. of the Uniform Administrative Code hereby is amended to read, in words and figures, as follows: 4 "Section 301. 1. Permits Required. Except as specified in Section 301.2 of this section, no building or structure regulated by this Code shall be erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted or demolished unless a separate permit for each building or structure has first been obtained from the Building Official. All signs affixed to any building or structure and not otherwise requiring a permit hereunder shall require a building permit. Section 301.2.1.1. - Amended. "Section 301.2.1.1. of the Uniform Administrative Code hereby is amended to read, in words and figures, as follows: "Section 301.2.1.1. Detached accessory buildings used as tool and storage sheds, playhouses, and similar uses provided that: a. The building is accessory to a dwelling unit. b. The building neither exceeds 120 square feet in roof area nor exceeds 6 feet in overall height. C. The building has no plumbing or electrical installations or fixtures. d. The building is separated from any similar accessory structures by a minimum distance of 6 feet. Section 301.2.1.2. - Amended. "Section 301.2.1.2. of the Uniform Administrative code hereby is amended to read, in words and figures, as follows: "Section 301.2.1.2. Fences not over 6 feet high. EXCEPTION 1: Walls or fences more than 42" above finish grade, within the required front yard setback area. Section 301.2.1.5. - Amended. "Section 301.2.1.5. of the Uniform Administrative Code hereby is amended to read, in words and figures, as follows: "Section 301.2.1.5. Retaining walls which are not over 3 feet in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding flammable liquids. Section 301.2.1.11. - Amended. "Section 301.2.1.11. of the Uniform Administrative Code hereby is amended to read in words and figures, as follows: 5 "Section 301.2. 1.11. Prefabricated swimming pools, spas, or hot tubs accessory to Group R, Division 3 Occupancy in which the pool walls are embedded no more than 12 inches below the adjacent grade and if the capacity thereof does not exceed 5,000 gallons. Section 302.1- Amended. Section 302.1 of the Uniform Administrative Code hereby is amended to read, in words and figures, as follows: "Section 302.1. Application. Application for a permit to perform the work shall be made in writing to the Building Official and shall fully describe said work. Plans, engineering calculations, diagrams, and other data, including specifications and schedules, may be required to determine whether the installation as described will be in conformance with the requirements of this Title. If it is found that the installation as described will conform with all legal requirements, and if the applicant has complied with the provisions of this Title, a permit for such installation shall be issued. No deviation may be made from the installation described in the permit and plan without the prior written approval of the Building Official. Section 303.4 - Amended "Section 303.4 of the Uniform Administrative Code hereby is amended by the addition of the following exception to read, in words and figures, as follows: "EXCEPTION: Demolition permits shall expire by limitation and shall become null and void if the work authorized by such permits is not substantially commenced within 45 days of the date such permit was issued or as otherwise specified by the Building Official. Section 303.6 - Added. "Section 303 of the Uniform Administrative Code hereby is amended by the addition of a new subsection 303.6 to read, in words and figures, as follows: "Section 303.6. Qualifications of Permittee. No person shall be issued a permit under this Chapter until evidence of a valid California Contractor's Incense and Workers Compensation Insurance is presented to the Building Official. "EXCEPTION: Owner -builder permit may be issued for specified occupancies in accordance with California law. Section 304.2 - Amended. "Section 304.2 of the Uniform Administrative Code hereby is amended to read, in word and figures, as follows: 6 "Section 304.2. Permit Fees. The fees required in this Chapter shall be paid to the Building Official for all work for which a permit is required by this Title. "The determination of value or valuation under any of the provisions of this Chapter shall be made by the Building Official whose determination shall be final. The value is to be utilized in computing the permit and plan review fees established pursuant to this Chapter shall be the total value of all work for which the permit is issued including, by way of illustration and not by limitation, construction and finish work, painting, roofing, electrical, plumbing, heating, air-conditioning, elevators, fire -extinguishing systems, and all other permanent equipment. Section 304.3 - Amended. "Section 304.3. of the Uniform Administrative Code hereby is amended to read, in words and figures, as follows: "Section 304.3. Plan Review Fees. When a plan or other data is required to be submitted for review and approval by the Building Official pursuant to this Chapter, a plan review fee shall be paid at the time of submittal of such plan or other data. Said plan review and recheck fees shall be established, and may be amended from time to time, by resolution of the City Council. Section 304.4 - Amended. "Section 304.4. of the Uniform Administrative Code hereby is amended to read, in words and figures, as follows: "Section 304.4. Expiration of Plan Review. Applications for which no permit is issued within 180 days following the date of submitted application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Building Official. The Building Official may extend the time for action by the applicant for a period not exceeding 180 days upon request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. No application shall be extended more than once. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee. Section 304.5 - Amended. "Section 304.5 of the Uniform Administrative Code hereby is amended to read, in words and figures, as follows: "Section 304.5. Failure to obtain a permit and to pay fees therefor before commencing work shall be deemed evidence of violation of the provisions of this Chapter. A penalty, as established by resolution of the City Council, shall be assessed for work V] commenced before a permit is issued. Whenever any work for which a permit is required under the provisions of this Chapter has been commenced without the authorization such permit, a special investigation may be required before a permit will be issued for any such work. In addition to any regular permit fee and/or any penalty fee, the said investigation fee shall be collected as established by resolution of the City Council. Section 304.6 - Amended. "Section 304.6 of the Uniform Administrative Code hereby is amended to read, in words and figures, as follows: "304.6. Fee Refunds. The Building Official shall collect such fees as are required to be paid by this Chapter and shall make no refund of fees paid except in accordance the provisions of this section and in no event after one hundred eighty (180) days have elapsed from the date of the issuance of the permit. All requests for refund of fees paid shall be made in writing to the Building Official and shall be made in accordance with the procedures and refund schedule established by resolution of the City Council. Section 310 - Added "Section 310 hereby is added to Chapter 3 of the Uniform Administrative Code by addition of a new section to read, in words and figures, as follows: "Section 310. Prohibited Uses of Building Sites. "310.1 Flood Hazard. Buildings are not permitted in an area determined by the city engineer to be subject to flood hazard by reason of inundation, overflow or erosion. "The placement of the building and other structures (including walls and fences) on the building site shall be such that water or mud flow will not be a hazard to the building or adjacent property. "EXCEPTION: This prohibition shall not apply when provision is made to eliminate such flood hazard to the satisfaction of the city engineer by providing adequate drainage facilities, by protective walls, suitable fill, raising the floor level of the building, a combination of these methods, or by other means. "310.2 Geologic Hazards. "310.2.1. No building or grading permit shall be issued under the provisions of this section when the city engineer finds that property outside the site of the proposed work could be damaged by activation or acceleration of a geologically hazardous condition and such activation or acceleration could be attributed to the proposed work on, or, change in use of, the site for which the permit is requested. For the purpose of this section, geologically hazardous condition does not include surface displacement due to earthquake faults. 8 "310.2.2. Work requiring a building or grading permit by this case is not permitted in an area determined by the city engineer to be subject to hazard from landslide, settlement, or slippage. These hazards include those from loose debris, slopewash and the potential for mud flows from natural slopes or graded slopes. For the purposes of this section, landslide, settlement, or slippage does not include surface displacement due to earthquake faults. "310.2.3. Subject to the conditions of subsection 310.2.1 of this section, permits may be issued in the following cases: a. When the applicant has submitted an engineering geology and/or geotechnical engineering report or reports complying with the policies and provisions of city engineer which report or reports show that the hazard will be eliminated prior to the use or occupancy of the land or structures by modification of topography, reduction of subsurface water, buttressing, a combination of these methods, or by other means. b. When the applicant has submitted an engineering geology and/ geotechnical engineering report or reports complying with the policies and provisions of the city engineer which report or reports contain sufficient data to show that the site appears to be in no danger for the intended use. Section 311- Added "Section 311 hereby is added to Chapter 3 of the Uniform Administrative Code to read in words and figures, as follows: "Section 311. Geology and Engineering Reports. The Building Official, or the city engineer in the case of an application for a grading permit, may require an engineering geology or geotechnical engineering report, or both, where in his opinion such reports are essential for the evaluation of the safety of the site. The engineering geology or geotechnical engineering report or both shall contain a finding regarding the safety of the building site for the proposed structure against hazard from landslide, settlement or slippage and a finding regarding the effect that the proposed building or grading construction will have on the geologic stability of property outside of the building site. Any engineering geology report shall be prepared by a certified engineering geologist licensed by the State of California. Any geotechnical engineering report shall be prepared by a civil engineer qualified to perform this work, such as a geotechnical engineer experienced in soil mechanics. When both an engineering geology and geotechnical engineering report are required for the evaluation of the safety of a building site, the two reports shall be coordinated before submission to the Building Official or city engineer. Any finding regarding the safety of the building site and the effect that the proposed building or grading construction will have on the geologic stability of property outside of the building site must be substantiated with sufficient data and analyzed in a manner consistent with the current industry standard of care and must be concurred with by the city engineer who may rely on the opinion of independent geotechnical reviewers. 9 Section 312 - Added "Section 312 hereby is added to Chapter 3 of the Uniform Administrative Code to read, in words and figures, as follows: "Section 312 Earthquake Fault Maps. Special studies zones maps within the City of Diamond Bar prepared under sections 2622 and 2623 of the California Public Resources Code which show traces of earthquake faults are hereby declared to be, on the date of official issue, a part of this code, and may be referred elsewhere in this code. Special studies zones maps revised under the above sections of the California Public Resources Code shall, on the date of their official issue, supersede previously issued maps which they replace. Copies of each of the above maps shall be available for examination by the public at the Department of Public Works, Department of Community Development and the Office of the City Clerk. Tables Deleted - Fees Established. "Tables No. 3-A, 3-B, 3-C, 3-D, 3-E, 3-F, 3-G, and 3-H of the Uniform Administrative Code hereby are deleted in their entirety. All fees required shall be established by resolution of the City Council which may, from time to time, amend the fees prescribed by such resolution." "15.00.130 Penalties for Violation of Division "It shall be unlawful for any person, firm, partnership, or corporation to violate any provision, or to fail to comply with any of the requirements, of this Division. Any person, firm, partnership, or corporation violating any provision of this Division or failing to comply with their requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months or by both such fine and imprisonment. Each such person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which' any violation of any of the provisions of this Division or the Codes adopted hereby is committed, continued or permitted by such person, firm, partnership, or corporation, and shall be deemed punishable therefor as provided in this Division. Section 4: Amending Division 3 of Chapter 15.00 of Title 15 of the Diamond Bar City Code to read, in words and figures, as follows: 10 DIVISION 3. BUILDING CODE "Sections: "15.00.3 10 California Building Code - Adopted "15.00.320 Code Amendments Chapter 1 - Deleted. Section 1806.10 - Added. Section 1503 - Amended. Section 1504 - Amended. Table No. 15-A - Amended. Section 904.2.2.6 - Added. Section 3308 - Amended Section 3306 - Amended Section 3307 - Amended Section 3307.1 - Added Section 3307.2 - Added Section 3307.3 - Added Section 3309.1 - Amended Section 3309.2 - Amended Section 3309.3 - Amended Section 3309.9 - Amended Section 3309.10 - Added Section 3309.11 - Added Section 3310 (Appendix) - Amended. Section 3315 - Amended Section 3315.6 - Added Section 3316 - Amended Section 3316.3 - Added Section 3316.4 - Added Tables 33-A and 33-B (Appendix) - Deleted. "15.00.330 Penalties - Added. "15.00.310 California Buildinz Code - Adopted. "Except as hereinafter provided, the California Building Code, 1998 Edition (Part 2 of Title 24 of the California Code of Regulations), and the appendices thereto, which incorporates and amends the Uniform Building Code, 1997 Edition, published by the International Conference of Building Officials, is hereby adopted by reference and incorporated herein as though fully set forth herein and shall constitute the Building Code of the City. A copy of such Code has been deposited in the. office of the City Clerk and shall be, at all times, maintained by the City Clerk for use and examination by the public. 11 "15.00.320 Code Amendments Chapter 1- Deleted. "Chapter 1 of the California Building Code hereby is deleted, in its entirety. All administrative, permitting and related requirements of said Chapter 1 of the California Building Code shall be governed by Division 2 of this Chapter. Section 1806.10 - Added. "Section 1806.10 of the California Building Code is hereby added to read, in words and figures, as follows: "Section 1806.10. Foundations on Expansive Soil. Foundation systems on expansive soil shall be constructed in a manner that will minimize damage to the structure from movement of the soil. Slab -on -grad and mat -type footings for buildings located on expansive soils may be designed in accordance with the provisions of Division III or such other engineering design based upon geotechnical recommendation as approved by the building official. For residential -type buildings, where such an approved method of construction is not provided, foundations and floor slabs shall comply with the following requirements: " 1. Depth of foundations below the natural and finish grades shall be not less that 24 inches for exterior and 18 inches for interior foundations. "2. Exterior walls and interior bearing walls shall be supported on continuous foundation. "3. Foundations shall be reinforced with at least two continuous one -half-inch diameter deformed reinforcing bars. One bar shall be placed within four inches of the bottom of the foundation and one within four inches of the top of the foundation. "4. Concrete floor slabs on grade shall be cast on a four -inch fill of coarse aggregate or on a moisture barrier membrane. The slabs shall be at least three and one-half inches thick and shall be reinforced with welded wire mesh or deformed reinforcing bars. Welded wire mesh shall have a cross-sectional area of not less than five -hundredths square inch per foot each way. Reinforcing bars shall have a diameter of not less that three -eights inch and be spaced at intervals not exceeding 24 inches each way. "5. The soil below an interior concrete slab shall be saturated with moisture to a depth of 18 inches prior to casting the concrete. Section 1503 - Amended "Section 1503 of the California Building Code as heretofore adopted, hereby is amended to read, in words and figures, as follows: 12 "Roof Covering Requirements. "Section 1503. The roof covering or roofing assembly on any structure regulated by this code shall as specified in Table 15-A and as classified in Section 1504. Noncombustible roof covering as defined in Section 1504.2 may be applied in accordance with the manufacturer's requirements in lieu of a fire -retardant roofing assembly. Roofing shall be secured or fastened to the supporting roof construction and shall provide weather protection for the building at the roof. "Roof -Coverings Within Fire Zones. "Unless governed by more stringent requirements of this law, roofs on all buildings within all area designated as Fire Zone 4 by the Los Angeles County Fire Protection District, and approved by the City Council, shall have at least a Class A roof covering. "L Section 1503 is applicable to new buildings and to existing buildings when twenty-five percent (25 %) or more of the roof area is reroofed within a one-year period after issuance of a building permit. "2. Section 1503 is not applicable to existing buildings under the operation of a license or which owners have made applicable for licensure issued by the California Department of Social Services or the California Department of Health Service. "EXCEPTION: Existing buildings that have twenty-five percent (25 %) or more of the roof area reroofed within a one-year period after the issuance of the building permit or after commencing construction, are required to be fire retardant by other provisions of this code. "3. The installer of the roof covering shall provide certification of the roof covering classification to the building owner and, when requested, to the inspection authority having jurisdiction." Section 1504 - Amended. "Section 1504 of the California Building Code, hereby is amended by the addition of subparagraph 1504.4 to read, in words and figures, as follows: "1504.4 EXCEPTION: Except as required within Section 1503 of the California Building Code, as adopted by the City Council of the City of Diamond Bar, and notwithstanding any other provision of this Code, any existing roof covering not in conformity with this Section may be repaired by the use of similar non -conforming roof covering materials where the repair thereof does not exceed twenty-five percent (25 %) of the existing gross roof area; provided, however, that the twenty-five percent (25%) exception provided hereunder may be utilized only once in any twelve (12) month period time." 13 Table No. 15-A - Amended. "Table No. 15-A - Minimum Roof Classes of the California Building Code, as heretofore adopted by this Council, hereby is amended by deleting therefrom any and all references to "NR - Nonrated roof coverings" and substituting therefor "C - Class C roofing. " Section 904.2.2.6 - Added. "Section 904.2.2.6 of the California Building Code hereby is amended by the addition of a new subsection (6) to read, in words and figures, as follows: "Section 904.2.2.6. In buildings over three stories in height; provided, however, the respective increase in area and in height specified in Sections 505 and 506, and the substitution for one-hour fire -resistive construction specified in Section 508 shall be permitted. For the purposes of this subsection the Building Official may consider a basement as a story where the basement would have originally been considered a story except for fill being placed against the building. In making this determination the Building Official shall consult with the fire department. Section 3308 - Amended "Section 3308 of Chapter 33 (Appendix) of the California Building Code hereby is amended by addition to and modification of definitions therein to read, in words and figures, as follows: "BUILDING OFFICIAL. Whenever in Chapter 33 (Appendix) the term "building official" is used, said term shall mean, and all powers and duties to be exercised by the building official shall be vested in, the city engineer of the City of Diamond Bar. "ENGINEERING GEOLOGIST shall mean a person experienced and knowledgeable in engineering geology and holding a valid certificate of registration as a geologist issued by the State of California. "LANDSCAPE ARCHITECT shall. mean a person holding a valid certificate of registration as a landscape architect issued by the State of California. "SOILS ENGINEER (GEOTECHNICAL ENGINEER) shall mean a civil engineer experienced and knowledgeable in the practice of soils (geotechnical) engineering and holding a valid certificate of registration as a soil (geotechnical) engineer issued by the State of California. Section 3306 - Amended 14 Section 3306.3 - Added "Section 3306 hereby is amended by adding subsections 3306.3, 3306.3a and 3306.3b of Chapter 33 (Appendix) of the California Building Code to read, in words and figures, as follows: "Section 3306.3 Other Permits Required and Jurisdiction of Other Agencies. "Section 3306.3.a Other Permits Required. Permits issued under provisions of this Chapter 33 (Appendix) convey no right to erect any foundation, structure or building, or construct any swimming pool, spa or hot tub, or do any plumbing work, or do any electrical work. Regular foundation, structure or building; swimming pool, spa or hot tub; plumbing; electrical or other permits shall be secured for all such work. "Section 3306.3.b Jurisdiction of Other Agencies. Permits issued under provisions of this Chapter 33 (Appendix) shall not relieve the owner of the responsibility for securing permits, licenses or approvals that may be required from other departments or divisions of the governing agencies. Section 3307 - Amended "Section 3307 of Chapter 33 (Appendix) of the California Building Code hereby is amended by adding subsection 3307.1, 3307.2, and 3307.3 to read, in words and figures, as follows: Section 3307.1- Added "Section 3307.1. Hazardous Conditions. Whenever the city engineer determines that any existing excavation, embankment or fill has become a hazard to life and limb, or endangers structures, or adversely affects the safety, use or stability of a public way or drainage channel, the owner of the property upon which the excavation, embankment or fill is located, or other person or agent in control of said property, upon receipt of notice in writing from the city engineer shall within the period specified therein repair, reconstruct or remove such excavation, embankment or fill so as to eliminate the hazard. Section 3307.2 - Added "Section 3307.2. Maintenance of Protective Devices and Rodent Control. The owner of any property on which grading has been performed pursuant to a permit issued under the provisions of this code, or any other person or agent in control of such property, shall maintain in good condition and repair all drainage structures and other protective devices and burrowing rodent control when shown on the grading plans filed with the application for grading permit and approved as a condition precedent to issuance of such permit. 15 Section 3307.3 - Added "Section 3307.3. Correlation With Other Sections. The provisions of this section are independent of the provisions of Division 9, Building and Property Rehabilitation Code of Title 15 of the Diamond Bar City Code. Section 3309 - Amended Section 3309.1- Amended "Section 3309.1 of Chapter 33 (Appendix) of the California Building Code hereby is amended to read, in words and figures, as follows: "Section 3309.1. Permits Required. Except as exempted in Section 3306 of this Chapter 33 (Appendix), no person shall do any grading without first obtaining a grading permit from the city engineer. A separate permit shall be required for each site, and may cover both excavations and fills, except that a grading permit may be issued for a site to include incidental minor work outside the site on contiguous property, provided that the owner of such contiguous property has filed with the city engineer written consent to the work. Such consent shall include a statement that the owner will irrigate and maintain planted slopes and maintain drains located within his property and the owner will hold the City of Diamond Bar free and clear of any liability for damages do to the proposed work. Section 3309.2 - Amended "Section 3309.2 of Chapter 33 (Appendix) of the California Building Code hereby is amended to read, in words and figures, as follows: "Section 3309.2. Application. The provisions of Section 302 of the Uniform Administrative Code, as duly adopted, are applicable to grading and in addition the application shall state the estimated quantities of work involved. Section 3309.3 - Amended "Section 3309.3 of Chapter 33 (Appendix) of the California Building Code hereby is amended to read, in words and figures, as follows: "Section 3309.3. Grading Designation. Grading involving any fill intended to support structures, or grading for the development of more than one lot or parcel, or grading in excess of 1,000 cubic yards, or grading which includes excavation or fill in excess of 5 feet in depth or height shall be performed in accordance with the approved grading plan prepared by a civil engineer, and shall be designated as "engineered grading". All other grading shall be designated as "regular grading" unless the permittee chooses to have the grading performed as "engineered grading" or unless the city engineer determines that special conditions or unusual hazards exist, in which case grading shall be designated as and conform to the requirements of "engineered grading". 16 Section 3309.9 - Amended "Section 3309.9 of Chapter 33 (Appendix) of the California Building Code hereby is amended to read, in words and figures, as follows: "Section 3309.9. Issuance. The provisions of Section 303 of the Uniform Administrative Code, as duly adopted, are applicable to grading permits. The city engineer may require that grading operations and project designs be modified if delays occur which incur weather -generated problems not considered at the time the permit was issued. The city engineer may require professional inspection and testing by the soils engineer. When the city engineer has cause to believe that geologic factors may be involved, the grading will be required to conform to engineered grading. Section 3309.10 - Added "Section 3309.10 hereby is added to Section 3309 of Chapter 33 (Appendix) of the California Building Code by addition of a new subsection to 3309.10a, and 3309.10b read, in words and figures, as follows: "Section 3309.10 Denial of permit. "Section 3309.10.a. Flood and Geologic Hazards. The city engineer shall not issue a grading permit in any case where he finds that the work, as proposed by the applicant, is likely to adversely affect the stability of adjoining property or result in the deposition of debris on any public way or interfere with any existing drainage course or be in any area determined to be subject to flood or geologic hazard under provisions of Chapter 3 of the Uniform Administrative Code, as duly adopted and amended. EXCEPTION 1: This prohibition shall not apply when provision is made to eliminate such flood or geologic hazard to the satisfaction of the city engineer under the provisions of Section 310, Chapter 3 of the Uniform Administrative Code, as duly adopted and amended. EXCEPTION 2: This prohibition shall not apply when grading work in an existing drainage course is designed to meet all requirements for grading in drainage courses under the City's Hillside Management Ordinance and provision is made to the satisfaction of the city engineer to adequately collect, convey and discharge flows through the project without increasing erosion or deposition of debris or adversely affecting upstream or downstream properties. Section 3309.10.b. Land Use. The city engineer shall not issue a grading permit for any work on the site unless the proposed uses shown on the grading plan for the site will comply with the provisions of the Zoning Code Ordinance of the City of Diamond Bar. 17 Section 3309.11- Added "Section 3309.11 hereby is added to Section 3309 of Chapter 33 (Appendix) of the California Building Code by addition of a new subsection 3309.1la and 3309. l lb to read, in words and figures, as follows: "Section 3309.11. Import and Export of Earth Materials in Excess of 10, 000 Cubic Yards. "Section 3309.1 La. Transport Over Public Maintained Streets. In addition to other provisions of this code, the following requirements shall apply when earth materials in excess of 10,000 cubic yards are to be exported from or imported to a grading site by transporting such materials over a publicly maintained street. 1. The point of access to the public street shall be located as approved by the city engineer. 2. Special safety precautions, including, but not limited to, the access road approach grade and alignment to the public street, sight distance at the intersection with the public street and traffic control devices may be required by the city engineer. "Section 3309.1 Lb Zoning Ordinance Compliance. No grading permit shall be issued for the import or export of more than 10,000 cubic yards of earth material to or from a grading site where such work would be classified as an "off-site transport grading project" as defined in Title 22, entitled "Zoning Ordinance", of the County of Los Angeles, as duly adopted by the City of Diamond Bar, unless the project is in conformance with Title 22. Section 3310 (Appendix) - Amended. "Section 3310 of Chapter 33 of the California Building Code Appendix hereby is amended to read, in words and figures, as follows: "Section 3310. Grading Fees. Whenever any permit fees, plan review fees, inspection fees or other fees are required to be paid the same shall be paid in accordance with the procedures and in such amounts as established, and may be amended from time to time, by resolution of the City Council. Section 3315 - Amended Section 3315.6 - Added "Section 3315 hereby is amended by adding subsection 3315.6 of Chapter 33 (Appendix) of the California Building Code to read, in words and figures, as follows: is "Section 3315.6. Overflow Protection. Berms, swales or other devices shall be provided at the top of cut or fill slopes steeper than five horizontal to one vertical to prevent surface waters from overflowing onto and damaging the face of the slope. Gutters or other special drainage controls shall be provided where the proximity of runoff from buildings or other structures is such as to pose a potential hazard to slope integrity. Section 3316 - Amended Section 3316.3 - Added "Section 3316 hereby is amended by adding subsection 3316.3, and 3316.4 of Chapter 33 (Appendix) of the California Building Code to read, in words and figures, as follows: "3316.3. Temporary Erosion Control Precautions. Grading operations shall be planned to avoid the rainy season, October 15 and April 15. Grading permits shall only be issued when a plan for erosion control and silt retention has been approved by the city engineer. "3316.3a. The city engineer shall not issue a grading permit for any work to be commenced between October 1 of any year and April 15 of the following calendar year, unless detail plans for such work include the details of protective measures, including desilting basins or other temporary drainage control measures, or both, as may be necessary to protect the adjoining public and private property from damage by erosion, flooding or deposition of debris which may originate from the site or result from such grading operations. If grading is begun prior to October 15, all protective measures shall be installed prior to October 15. If grading is begun on or after October 15, all protective measures shall be installed before grading is begun. All protective measures shall be maintained in good working order until April 15 of the succeeding year, where grading is done between October 15 and December 31, or until April 15 of the same year when grading is done between January 1 and April 15, unless their removal at an earlier date is agreed to by the city engineer. "3316.3b. Where a grading permit is issued and grading work commenced after April 15 and before October 1 of any year and the plans for such work do not include details of the protective measures described in section 3316.3.a, and it appears that the grading and installation of the permanent drainage devices as authorized by the permit will not be completed by October 15, then, on or before October 1 the owner of the site on which the grading is being performed shall file or cause to be filed with the city engineer revised detail plans which include details of the protective measures described in, and in all other respects follow, the provisions of section 3316.3.a. 3316.3c. Effect of Noncompliance. Should the owner fail to submit detail plans or to provide the protective measures required by sections 3316.3.a and 3316.3.b by the date specified therein, it shall'be deemed that a default has occurred under the conditions of the grading permit security. Thereupon the city engineer may enter the property for the 19 purpose of installing, by city forces or other means, the drainage and erosion control devices shown on the approved detail plans, or if there are no approved detail plans, as may be deemed necessary to protect adjoining property from storm damage, or the city engineer may cause the owner of the site to be prosecuted as a violator of this code, or he may take both actions. Section 3316.4 - Added "Section 3316.4 hereby is added to Section 3316 of Chapter 33 (Appendix) of the California Building Code by addition of a new subsection to read, in words and figures, as follows: "Section 3316.4 Permanent Erosion Control. "Section 3316.4.a. Planting and Irrigation. The surface of all manufactured slopes shall be protected against damage by erosion by the installation of a permanent irrigation system and planting with ground cover, shrubs and/or trees which provide satisfactory long term erosion control. Planting and plant materials shall be specified and installed in accordance with the Hillside Management Ordinance of the City of Diamond Bar. The irrigation system shall provide adequate coverage and the proper application rate to maintain the appropriate moisture for the establishment and proper growth of the plantings installed, but the irrigation shall not saturate the slopes or cause erosion. "Section 3316.4.b. Planting and Irrigation Plans and Specifications. For grading which includes cut slopes more than 5 feet in height; or fill slopes supporting structures or more than 3 feet in height; or natural slopes disturbed more than 10 feet in surficial extent by the grading operations planting and irrigation plans and specifications shall be submitted for approval of the city engineer. For all manufactured slopes more than 20 feet in height or natural slopes disturbed more than 20 feet in surficial extent by grading operations plans shall be prepared and signed by a civil engineer or landscape architect. "Section 3316.4.c. Rodent Control. All manufactured slopes steeper than four horizontal to one vertical within a grading project adjacent to undeveloped or unoccupied land shall be protected from potential slope damage by a preventative program of burrowing rodent control. "Section 3316.4.d. Release of Security. The planting and irrigation systems required by this section shall be installed as soon as practical after rough grading. Prior to final approval of grading and before the release of grading security, the planting shall be well established and growing on the slopes and, where required by subsection 3316.4.c, there shall be evidence of an effective rodent control program. Tables A -33-A and A -33-B (Appendix) - Deleted. "Tables No. A -33-A and A -33-B hereby are deleted from Chapter 33 of the California Building Code Appendix in their entirety." 20 "15.00.330 Penalties for Violation of Division "It shall be unlawful for any person, firm, partnership, or corporation to violate any provision, or to fail to comply with any of the requirements, of this Division. Any person, firm, partnership, or corporation violating any provision of this Division or failing to comply with their requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months or by both such fine and imprisonment. Each such person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Division or the Codes adopted hereby is committed, continued or permitted by such person, firm, partnership, or corporation, and shall be deemed punishable therefor as provided in this Division. Section 5: Amending Division 4 of Chapter 15.00 of Title 15 of the Diamond Bar City Code to read, in words and figures, as follows: DIVISION 4. MECHANICAL CODE "Sections: "15.00.510 California Mechanical Code -Adopted. "15.00.520 Amendments "15.00.530 Penalties - Added. "15.00.510 Mechanical Code - Adopted. "Except as hereinafter provided, the 1998 Edition of California Mechanical Code (Part 4 of Title 24 of the California Code of Regulations) and the Appendices thereto, which incorporates and amends the Uniform Mechanical Code, 1997 Edition, published by the International Conference of Building Officials, is hereby adopted by reference and incorporated herein as though fully set forth herein and shall constitute the Mechanical Code of the City. A copy of such Code has been deposited in the office of the City Clerk and shall be, at all times, maintained by the Clerk for use and examination by the public. "15.00.520 Amendments Chapter 1- Deleted. "Chapter 1 of the California Mechanical Code hereby is deleted, in its entirety. All administrative, permitting and related requirements of said Chapter 1 of the California Mechanical Code shall be governed by Division 2 of this Chapter. 21 "15.00.530 Penalties for Violation of Division It shall be unlawful for any person, firm, partnership, or corporation to violate any provision, or to fail to comply with any of the requirements, of this Division. Any person, firm, partnership, or corporation violating any provision of this Division or failing to comply with their requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months or by both such fine and imprisonment. Each such person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Division or the Codes adopted hereby is committed, continued or permitted by such person, firm, partnership, or corporation, and shall be deemed punishable therefor as provided in this Division. Section 6• Amending Division 5 of Chapter 15.00 of Title 15 of the Diamond Bar City Code to read, in words and figures, as follows: DIVISION 5. PLUMBING CODE "Sections: " 15.00.7 10 California Plumbing Code - Adopted "15.00.720 Amendments Section 10, 20 and 30 - Deleted. Section 320.0 - Added. Section 722.6 - Added. "15.00.730 Penalties - Added. "15.00.710 California Plumbing Code - Adopted "Except as hereinafter provided, the 1998 Edition of the California Plumbing Code (Part 5 of Title 24 of the California Code of Regulations) and the appendices thereto, which incorporates and amends the Uniform Plumbing Code, 1997 Edition, published by the International Association of Plumbing and Mechanical Officials, is hereby adopted by reference and incorporated herein as though fully set forth herein and shall constitute the Plumbing Code of the City. A copy of such Code has been deposited in the office of the City Clerk and shall be, at all times maintained by the City Clerk for use and examination by the public. "15.00.720 Amendments 22 Chapter 1- Deleted Chapter 1 of the California Plumbing Code hereby is deleted, in its entirety. All administrative, permitting•and related requirements of said Chapter 1 of the California Plumbing Code shall be governed by Division 2 of this Chapter. Section 320.0 - Added. "Section 320.0 of the California Plumbing Code hereby is added to read, in words, and figures, as follows: "Section 320.0 All new structures shall be equipped with an additional main for future use of reclaimed water for landscape irrigation systems". Section 722.6 - Added. "A new subsection 722.6 hereby is added to Section 722 of the California Plumbing Code to read, in words and figures, as follows: Subsection "722.6 No such excavation shall be left unattended at any time unless the permittee shall have first provided a suitable and adequate barricade to assure public safety". "15.00.730 Penalties for Violation of Division It shall be unlawful for any person, firm, partnership, or corporation to violate any provision, or to fail to comply with any of the requirements, of this Division. Any person, firm, partnership, or corporation violating any provision of this Division or failing to comply with their requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months or by both such fine and imprisonment. Each such person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Division or the Codes adopted hereby is committed, continued or permitted by such person, firm, partnership, or corporation, and shall be deemed punishable therefor as provided in this Division. Section 7: Amending Division 6 of Chapter 15.00 of Title 15 of the Diamond Bar City Code to read, in words and figures, as follows: 23 DIVISION 6. ELECTRICAL CODE "Sections : "15.00.910 California Electrical Code - Adopted. " 15.00.920 Amendments Articles 089 and 90 - Deleted. Section 110-14 - Amended. Section 336-3 - Amended. Section 336-4 - Amended. Table No.300.5 - Amended. "15.00.930 Penalties - Added. "15.00.910 California Electrical Code - Adopted. "Except as hereinafter provided, the 1998 Edition of the California Electrical Code (Part 3 of Title 24 of the California Code of Regulations), including the appendices thereto, which incorporates the National Electrical Code, 1996 Edition, published by the National Fire Protection Association, is hereby adopted by reference with the same force and effect as though set forth herein in full and shall constitute the Electrical Code of the City. A copy of such Code has been deposited in the office of the City Clerk and shall be, at all times, maintained by the Clerk for use and examination by the public. "15.00.920 Articles 089 and 90 - Deleted. "Articles 089 and 90 of the California Electrical Code hereby are deleted, in their entirety. All administrative, permitting and related requirements of said Articles of the California Electrical Code shall be governed by Division 2 of this Chapter. Section 110-14 - Amended. "Section 110-14 of the California Electrical Code, 1998 Edition, allowing the use of aluminum conductors shall be amended to read that no aluminum conductor smaller than No. 4AWG shall be used. Whenever any aluminum is utilized as herein permitted, the applicant shall be required to obtain, at applicant's expense, a separate Certificate of Inspection from a special inspector authorized by law to provide such inspections; no certificate of inspection shall be issued until after the on-site inspection. Section 336-4 - Amended. "Section 336.4 of the California Electrical Code, 1998 Edition, is hereby amended to read, in words and figures as follows: "Section 336-4(a) Type NM. Type NM Cable shall be permitted for concealed work in normally dry location. It shall be permissible to install or fish type NM cable in air voids in masonry block or tile walls where such walls are not exposed or subject to excessive moisture or dampness. 24 "Section 336-4(b) Type MNC. Type NMC cable shall be permitted: (1) for concealed work in dry, moist, damp, or corrosive locations; (2) in outside and inside walls of masonry block or tile; (3) in a shallow chase in masonry, concrete, or adobe protected against nails or screws by a steel plate at lease 1/16 inch (1.59 mm) thick and covered with plaster, adobe, or similar finish. Section 336-5(a) - Amended. "Section 336-5(a) of the California Electrical Code, 1998 Edition, is hereby amended to read, in words and figures as follows: "Section 336-5(a) Type NM or NMC. Types NM and NMC cables shall not be used: (1) in any dwelling or structure exuding three floors above grade; (2) as service -entrance cable; (3) in commercial and industrial buildings. For the purpose of this article, the first floor of a building shall be that floor that has fifty percent or more of the exterior wall surface area level with or above finished grade. One additional level that is the first level and not designed for human habitation and used only for vehicle parking, storage, or similar use shall be permitted. Section Table No. 300-5 - Amended. "Table No. 300-5 of said California Electrical Code, 1998 Edition is hereby amended to read, in words and figures, as follows: "15.00.930 Penalties for Violation of Division It shall be unlawful for any person, firm, partnership, or corporation to violate any provision, or to fail to comply with any of the requirements, of this Division. Any person, firm, partnership, or corporation violating any provision of this Division or failing to comply with their requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exuding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months or by both such fine and imprisonment. Each such person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Division or the Codes adopted hereby is committed, continued or permitted by such person, firm, partnership, or corporation, and shall be deemed punishable therefor as provided in this Division. Section 8: "Amending Division 7 of Chapter 15.00 of Title 15 of the Diamond Bar City Code to read, in words and figures, as follows: 25 DIVISION 7. UNIFORM HOUSING CODE "Sections: "15.00.1110 Uniform Housing Code -Adopted 15.00.1120 Amendments Chapter 1 - Deleted "15.00.1130 Penalties - Added "15.00.1110 Uniform Housing Code - Adopted. "The "Uniform Housing Code", 1997 Edition, hereby is adopted in its entirety as the Housing Code of the City of Diamond Bar, together with the amendments, additions, deletions and exceptions set forth in this Division. "15.00.1120 Amendments. Chapter 1- Deleted. "Chapters 1 of the Uniform Housing Code hereby is deleted, in its entirety. All administrative, permitting and related requirements of said Chapters 1 of the Uniform Housing Code shall be governed by Division 2 of this Chapter. "15.00.1130 Penalties for Violation of Division It shall be unlawful for any person, firm, partnership, or corporation to violate any provision, or to fail to comply with any of the requirements, of this Division. Any person, firm, partnership, or corporation violating any provision of this Division or failing to comply, with their requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months or by both such fine and imprisonment. Each such person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Division or the Codes adopted hereby is committed, continued or permitted by such person, firm, partnership, or corporation, and shall be deemed punishable therefor as provided in this Division. Section 9: "Amending Division 8 of Chapter 15.00 of Title 15 of the Diamond Bar City Code to read, in words and figures, as follows: 26 DIVISION 8. UNIFORM SWB04I IG POOL, SPA AND HOT TUB CODE "Sections: "15.00.1310 Uniform Swimming Pool Spa and Hot Tub Code - Adopted. "15.00.1320 Part 1 - Deleted. "15.00.1330 Penalties - Added. 015.00.1310 Uniform Swimming Pool. Spa and Hot Tub Code - Adopted. "The "Uniform Swimming Pool, Spa and Hot Tub Code", 1997 Edition, published by the International Conference of Building Officials, hereby is adopted in its entirety as the Swimming Pool, Spa and Hot Tub Code of the City of Diamond Bar, together with the amendments, additions, deletions and exceptions set forth in this Division. "15.00.1320 Part 1- Deleted. "Part 1 of the Uniform Swimming Pool, Spa and Hot Tub Code hereby is deleted, in its entirety. All administrative, permitting and related requirements of said Part 1 of the Uniform Swimming Pool, Spa and Hot Tub Code shall be governed by Division 2. "15.00.1330 Penalties for Violation of Division It shall be unlawful for any person, firm, partnership, or corporation to violate any provision, or to fail to comply with any of the requirements, of this Division. Any person, firm, partnership, or corporation violating any provision of this Division or failing to comply with their requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months or by both such fine and imprisonment. Each such person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Division or the Codes adopted hereby is committed, continued or permitted by such person, firm, partnership, or corporation, and shall be deemed punishable therefor as provided in this Division. Section 10. All inconsistencies between the Building Code, Electrical Code, Mechanical Code, and Plumbing Code, as adopted by this Ordinance, and the 1998 edition of the California Building Code, Electrical Code, Mechanical Code, and Plumbing Code, as set forth in Parts 2, 3, 4, and 5, respectively, of Title 24 of the California Code of Regulations, are changes, modifications, amendments, additions or deletions thereto authorized by California Health and Safety Sections 17958.5 and 17958.7. Section 11. To the extent the provisions of this Ordinance are substantially the same as previous provisions of the Diamond Bar Municipal Code, these provisions shall be construed as continuations of those provisions and not as new enactments. 27 Section 12. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part hereof or exhibit hereto is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining portions of this Ordinance or any part thereof or exhibit thereto. The City Council of the City of Diamond Bar hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared invalid. Section 13. This ordinance shall be effective upon adoption and shall become operative on July 1, 1999. PASSED, ADOPTED AND APPROVED this _ day of , 1999. Mayor I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the 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: ATTEST: City Clerk City of Diamond Bar 28 ARTICLE 300 — WIRING METHODS 70-59 Table 300-S. Minimum Covell Requirements, Oto 6/10 Vofb, Nominal. Burial in Inch (Cover fs defined as the shorfeal distance measured between a Point on the top surface of any direct buried conductor, cable. conduit, or other raceway and the top suit=* of finished grade, concrete, or similar Cover.( In Trench Below 2 -in. Type of Wiring Method Or Circuit Thick Concrete or 4 S 3 Residential Branch Circuits for Control 6 • Nonmetallic Circuits Rated of Irrigation and 0 (In 0 Raceways 120 Volts or Iesa Landscape Ugheng 2 Usted for with GPCI unlifed to Not more (In Rigid Malal Direct Burial Protection than 30 Volts and Raceway t Condillt all without Concrete and Maximum Installed with Type Location of oared Burial ImamseWetl Encasement or Ovwcurrent UF or in Omer WMny method Cables or iMW Other Approved ProisClton of Identified Cable ' or Circuit Conductors Gmbult Raceways 20 Amperes or Raceway All Locations Not Specified Below 24 6 18 1: 6 In Trench Below 2 -in. Thick Concrete or Equivalent 18 6 12 6 6 Under a Building 0 (In 0 0 0 0 Raceway (In (In only) Raceway Raccwat Only) Only ) Under Minimum of 4 -in. Thick Concrete Exterior Slab. ith No Vehicular Traffic and the Slab 18 4 4 6 (Direct 6 (Direct Extending Not Less than Burial) Burial) 6In. Bevond the 4 (In 4 (In Underground Installation Raceway) Racewav) Under Streets. Highways. Roads. Alleys. Driveways. and Parking Lots 24 24 24 24 24 One- and Two -Family Dwelling Driveways and Outdoor Park- ing Areas. and Used Onh for Dwelling -Related Pur- poses 24 is 18 12 18, In or L rider A, Tri Runways lnclu ing Adjacent Areas where Trespassing Prohibited 18 18 18 18 18 Nocc 1 For sl units I in • '< 4 mm 'trio 2 R icewass ppro cd for hur al trill, where connote encased %hall reeu:re concrete emclope not less than 2 in thick. \oto 3 lacer deem+,hall be N—Ined where nbles area condrrrws rue ter terminations or sphcm or *here access is otherwise required %tic where one of the wiring rni shod rspe, listed to columns I -3 is uw�C 1w one of the ntcn vnpes in columns a and 5. the shallower depth of bunal shall he pennrned. `oto where whd irk n encountered. all w tring shall be installed to meta, ar nonmtalhc racmav permitted for direct hurul T1x rams9%%shall be covered b, a minimum of 2!n of concrete extend ine,jt nIcrock. (c) Indoor Wet Locations. In portions of dairies, laun- dries. canneries. and other indoor wet locations, and in loca. tions where walls are frequently washed orwhere there are sur. faces of absorbent materials, such as damp paper or wood, the entire wiring system, where installed exposed, including all boxes, fittings, conduits, and cable used therewith. shall be mounted so that there is at least 1/4 -in. (6.35 -rim) airspace between it and the wall or supporting surface. Fxcepnon: Nonmetallic raceways, boxes, and fittings shall be permared to be installed without the airspace on a concrete, nasonn, tile, or similar surface. (FPN ): In general, areas where acids and alkali chemicals are han- dled and stored may present such corrosive conditions. panicularly when wet or damp. Scvcre corrosive conditions may also be present In portions of meat -packing plants, tannencs. glue houses, and some sta- bles; installations immediately adjacent to a seashore and swimming pool areas; areas where chemical deicers are used; and storage cellars or rooms for hides. casings, fertilizer, salt, and bulk chemicals - 300 -7. Raceways Exposed to Different Temperatures. (a) Sealing. Where portions of an interior raceway system are exposed to widely different temperatures, as in refrigerat- ing or cold -storage plants, circulation of air from a w anner to a colder section through the raceway shall be prevented. (b) Expansion Joints. Raceways shall be provided with expansion joints where necessary to compensate for thermal expansion and contraction. (FPN): Table 10 of Chapter 9 provides the expansion information for PVC. A nominal number for steel conduit can be determined by multiplying the expansion length in this table by 0.20. The coefficient of expansion for steel electrical metallic tubing, intermediate metal con- duit, and rigid conduit is 6-50 x 10' (0.0000065 in. per in. of conduit for each °F in temperature change). 300-6. Installation of Conductors with Other Systems. Raceways or cable trays containing electric conductors shall not contain any pipe, tube. or equal for steam, water, air, gas, drainage, or any service other than electrical. 300-9. Grounding Metal Enclosures. Metal raceways, boxes, cabinets, cable armor, and fittings shall be grounded as required in Article 250. 300-10. Electrical Continuity of Metal Raceways and Enclo- sures. Metal raceways, cable armor, and other metal enclo- sures for conductors shall be metallically joined together into a continuous electric conductor and shall be so connected to all boxes, fittings, and cabinets as to provide effective electrical continuity. Raceways and cable assemblies shall be mechani- cally secured to boxes, fittings, cabinets, and other enclosures. Exception No. 1: As provided in Section 370-17(c) fornonme- ta1Gc boxes. Exception No. 2: As provided in Section 250-33, Exception No. 2 for metal enclosures. 1995 Edition MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL FROM: COUNCILWOMEN ANSARI AND HERRERA, LEGISLATIVE SUB -COMMITTEE RE: RECOMMENDATIONS — PROPOSED STATE LEGISLATION DATE: MAY 18, 1999 RECOMMENDATION: It is recommended that the City Council take the following positions on proposed State legislation: AB 38 (Washington) and SB (Alarcon): SUPPORT These legislative proposals would require the South Coast Air Quality Management District (SCAQMD) to create an Office of Technology Advancement to administer the clean -burning fuels program; the legislation requires the establishment of a thirteen member advisory group that will make recommendations to the Office of Technology Advancement; and, the legislation extends the existing $1.00 fee on the renewal of motor vehicle registration in the district, to August 1, 2004. The $1.00 fee would have expired on August 1, 1999. AB 84 (Granlund): OPPOSE This legislation would seriously impede California Cities' ability to better organize and communicate the agenda of cities; both in Sacramento and to the citizens of the State. This bill prevents a city from paying membership dues to any organization that makes contributions to or establishes or maintains a committee, as defined under the Political Reform Act of 1974. This legislation is a direct attempt to stop the formation and development of the Action for Better Cities (ABC) that has been formed to strengthen the voice of city government(s), in California. It should be made clear that cities do not and cannot, either directly or indirectly, pay city monies or use city resources for "grassroots lobbying" or into a political action committee. This legislation would prevent the establishment of a political action committee that would be completely funded privately. AB 373 (Robert Pacheco): SUPPORT This legislation would prohibit the expenditure of funds that were approved in the Budget Act of 1998, for the purpose of constructing security improvements at Lanterman Developmental Center. The bill would prohibit any developmentally disabled patients from being placed at the Lanterman Center, as well as, prohibit any additional staffing or construction of security improvements from being made relating to the transfer of forensic patients to Lanterman, until July 1, 2000. This bill also requires, the State Department of Developmental Services to present a report, on or before February 1, 2000, to the Legislature relating to the planned transfer of forensic patients to Lanterman and the impact the security measures and patient transfers will have on the surrounding communities. AB 1195 (Longville): SUPPORT In the early 1990's, the State Legislature shifted $3,590,000,000 in property taxes from local government to the Educational Revenue Augmentation Fund (ERAF), to fund schools. The massive revenue shift had and continues to have adverse impacts on the funding of local governmental services. This legislation would reduce the amount of monies going from local governmental property taxes into ERAF, by ten percent (10%) per year until the amount of revenues that were shifted are reduced to zero. AB 38 Assembly Bill - Status CURRENT BILL STATUS MEASURE : A.B. No. 38 AUTHOR(S) Washington (Coauthor: Wesson). TOPIC Vehicles: fees: air pollution. HOUSE LOCATION ASM +LAST AMENDED DATE 04/05/1999 TYPE OF BILL : Active Urgency Non -Appropriations 2/3 Vote Required State -Mandated Local Program Fiscal Non -Tax Levy LAST HIST. ACT. DATE: 04/19/1999 LAST HIST. ACTION From committee: Amend, and do pass as amende 013 FILE ASM SECOND READING FILE DATE 04/20/1999 ITEM 15 COMM. LOCATION ASM APPROPRIATIONS COMM. ACTION DATE 04/14/1999 COMM. ACTION Do pass as amended. COMM. VOTE SUMMARY Ayes: 16 Noes: 05 PASS 31 DAYS IN PRINT 01/08/1999 TITLE An act to amend Sections 40448.5 and 40448.5.1 of the Health and Safety Code, and to repeal, add and repeal Section 9250.11 of the Vehicle Code, relating to vehicles, and declaring the urgency thereof, to take effect immediately. Page 1 of 1 http://www.leginfo.ca.gov/pubfbilVasmlab_0001-0050/ab_38_bill_ 19990419_status.html 4/21/99 AB 38 Assembly Bill - History Page 1 of 1 COMPLETE BILL HISTORY BILL NUMBER : A.B. No. 38 AUTHOR Washington TOPIC Vehicles: fees: air pollution. TYPE OF BILL : Active Urgency Non -Appropriations 2/3 Vote Required State -Mandated Local Program Fiscal Non -Tax Levy BILL HISTORY 1999 Apr. 19 From committee: Amend, and do pass as amende 013 030 Apr. 5 From committee chair, with author's amendments: Amend, and re-refer to Com. on APPR. Re 005 Mar. 23 From committee: Do pass, and re-refer to Com. on APPR. Re-referre 154 Mar. 4 In committee: Set, first hearing. Heari 316 002 1998 Dec. 9 From printer. May 003 001 http://www.leginfo.ca.gov/publbilVasmlab_0001-0050/ab_38_bill_19990419_history.htmi 4/21/99 AB 38 Assembly Bill - AMENDED BILL NUMBER: AB 38 AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 5, 1999 INTRODUCED BY Assembly Member Washington (Coauthor: Assembly Member Wesson) DECEMBER 7, 1998 An act to repeal and add amend Sections 40448.5 and 40448.5.1 of the Health and Safety Code, and to repeal, add, and repeal Section 9250.11 of the Vehicle Code, relating to vehicles, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST AB 38, as amended, Washington. Vehicles: fees: air pollution. The (1) The existing Lewis -Presley Air Quality Management Act requires the South Coast Air Quality Management District to establish a program to encourage participation in projects to increase the utilization of clean -burning fuels. Emisting-- This bill would require the south coast district to establish an Office of Technology Advancement to administer the clean -burning fuels program and to establish an advisory group, as specified, to make recommendations regarding the program, technology advancement, and pollution reduction. The bill would also require the south coast district, on or before March 1 of each year, to prepare and submit to the Office of the Legislative Analyst and to specified committees of the Legislature, a report that contains specified information regarding the program. By imposing new duties on the south coast district, the bill would impose a state -mandated local program. (2) Existing law, until August 1, 1999, tae authorizes the south coast district to impose a $1 fee on the renewal of registration of motor vehicles in the district, to fund that the program. This bill would extend that motor vehicle registration fee authority until August 1, 2004. This (3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement, including the creation of a State Mandates Claims Fund to pay the costs of mandates that do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed $1,000,000. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. (4) This bill would declare that it is to take effect immediately as an urgency statute. Vote: 2/3. Appropriation: no. Fiscal committee: yes. State -mandated local program: —ne— yes . Page 1 of 5 http://www.leginfo.ca.gov/pubfbilllasmlab_0001-0050/ab_38_bill_19990405_amended_asm.htn4/21/99 AB 38 Assembly Bill - AMENDED THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 40448.5 of the Health and Safety Code is amended to read: 40448.5. (a) The south coast district shall establish —a an office of Technology Advancement to administer the clean -burning fuels program established pursuant to this section. The program shall encouragepartie-2patien in s projects be that increase the utilization of clean -burning fuels that reduce public health hazards from air pollution The south coast district shall coordinate its the program with the state board, the State Energy Resources Conservation and Development Commission, and other appropriate state and federal agencies and private organizations that are conducting activities to promote the use of clean -burning fuels. (b) After holding at least two public hearings to solicit public comment on a clean -burning fuels program, the south coast district shall annually adopt a program of activities for increasing the use of clean -burning fuels in the transportation and stationary source sectors. (c) The program shall include an identification of potential funding sources, including, but not limited to, state and federal funds; private -sector funds; revenues from district permit, variance, and emission fees; proceeds from district penalty settlements and judgments; and funds from other sources under the jurisdiction of the south coast district. (d) In developing its program, the south coast district shall consider promoting projects in the transportation and stationary source sectors utilizing methanol fuel, fuel cells, liquid petroleum gas, natural gas, including compressed natural gas, combination fuels, synthetic fuels, electricity, including electric vehicles, and other clean -burning fuels. (e) When considering which clean fuels projects to promote, the south coast district shall consider, among other factors, the current and projected economic costs and availability of fuels, the cost-effectiveness of emission reductions associated with clean fuels compared with other pollution control alternatives, the use of new pollution control technologies in conjunction with traditional fuels as an alternative means of reducing emissions, potential effects on public health, ambient air quality, visibility within the region, and other factors determined to be relevant by the south coast district. (f) When implementing clean fuels projects, the south coast district shall consider limiting the use of clean fuels to specific seasons, time of day, and locations if those limitations are found by the district to further the goals of the program. (g) The south coast district shall coordinate the clean -burning fuels program with transportation control measures adopted pursuant to paragraph (4) of subdivision (b) of Section 40440 to reduce traffic congestion, air pollution, and motor vehicle fuel consumption. SEC. 2. Section 40448.5.1 of the Health and Safety Code is amended to read: 40448.5.1. (a) Prior to adopting the program specified in subdivision (b) of Section 40448.5 and prior to expending any funds for any research, development, or demonstration program or project relating to vehicles or vehicle fuels, the south coast district shall do both of the following: (1) Adopt and include in the program" in s ivisien (b) of-eetie 4044 5 a planrdescribing any proposed expenditure that sets forth the expected costs and Page 2 of 5 http: //www.leginfo.c a. gov/pub/bilVas m/ab_0001-0050/ab_3 8_bill_ 19990405_amended_asm.htn4/21 /99 AB 38 Assembly Bill - AMENDED qualitative as well as quantitative benefits of the proposed program or project. (2) Find that the proposed program and projects funded as part of the program will not duplicate any other past or present program or project funded by the state board, the State Energy Resources Conservation and Development Commission, an air quality management district or air pollution control district, a public transit district or authority within the geographic jurisdiction of the south coast district, the San Diego Transit Corporation, the North County Transit District, the Sacramento Regional Transit District, the Alameda -Contra Costa Transit District, the San Francisco Bay Area Rapid Transit District, the Santa Barbara Metropolitan Transit District, the Los Angeles Department of Water and Power, the Sacramento Municipal Utility District, the Pacific Gas and Electric Company, the Southern California Gas Company, the Southern California Edison Company, the San Diego Gas and Electric Company, or the Office of Mobile Sources within the Environmental Protection Agency. This paragraph is not intended to prevent funding for programs or projects jointly funded with another public or private agency where there is no duplication. (b) (1) The Office of Technology Advancement shall provide notice to interested parties and the public at least 30 days prior to the annual public hearing at which the south coast district board or a committee of the board takes action to approve the clean -burning fuels program. (2) For the purpose of this subdivision, "interested parties" includes groups involved in research, development, and application of clean fuels technologies; public health and environmental organizations with expertise in air pollution -related diseases and alternative energy technologies; relevant media; legislators, member of the county board of supervisors, and members of any city council that represent territory within the south coast district; and any member of the general public who has expressed interest in the program. (c) (1) The south coast district shall establish an advisory group to make recommendations to the south coast district board regarding the clean -burning fuels program, technology advancement, and pollution reduction. The advisory group shall make recommendations regarding the most cost-effective projects that advance and implement clean fuels technology and improve public health. (2) The advisory group shall consist of 13 members with expertise in either clean fuels technology and policy or public health, or both. The members shall be appointed from scientific, academic, entrepreneurial, environmental, and public health communities. (3) The members of the advisory group shall adopt conflict-of-interest guidelines that prohibit a member from advocating an expenditure involving a project in which the member has a professional or an economic interest. (4) The south coast district shall consult with the advisory group regarding approval of the annual report required by subdivision (d). The results of that consultation shall be provided to the south coast district board prior to its approval of the report. (d) Notwithstanding Section 7550.5 of the Government Code, on or before March 31 of each year that the clean -burning fuels program is in operation, the south coast district shall prepare and submit to the Office of the Legislative Analyst and to the committees of the Legislature responsible for improving air quality a report that, at a minimum, includes all of the following: (1) A description of the core technologies that the south coast district considers critical to ensure the attainment and maintenance of national and state ambient air quality standards and a description of the efforts made to overcome barriers to commercialization of those technologies. Page 3 of 5 http://www.leginfo.ca.gov/publbilVasmlab_0001-0050/ab_38_bill_ 19990405_amended_asm.htn4/21/99 AB 38 Assembly Bill - AMENDED (2) An analysis of the impact of the south coast district's clean -burning fuels program on the private sector and on research, development, and commercialization efforts by major automobile and energy firms, as determined by the district. (3) A description of clean -burning fuels projects funded by the south coast district, including a list of recipients, subcontractors, cofunders, and matching state or federal funds, and a description of expected and actual results of each project in advancing and implementing clean fuels technology and improving public health. (4) The title and purpose of all projects undertaken pursuant to the clean -burning fuels program, the names of the contractors and subcontractors involved in each project, and the amount of money expended for each project. (5) A summary of the actual progress made toward the goals of the clean -burning fuel program. (6) Funding priorities identified for the next fiscal year and relevant audit information for previous, current, and future fiscal years covered by the report. (e) Within 120 days from the date of the conclusion of a program or project subject to subdivision (a) that is funded by the south coast district, the south coast district shall issue a public report that sets forth the actual costs of the program or project, the results achieved and how they compare with expected costs and benefits determined pursuant to paragraph (1) of subdivision (a), and any problems that were encountered by the program or project. () (f) Notwithstanding any other provision of law, the south coast district may recover the costs of implementing this section from the revenues it receives for alternative fuel research, development, and demonstration pursuant to Section 9250.11 of the Vehicle Code. SEC. 3. Section 9250.11 of the Vehicle Code is repealed. SEG . 2. SEC. 4. Section 9250.11 is added to the Vehicle Code, to read: 9250.11. (a) In addition to any other fees specified in this code and the Revenue and Taxation Code, a fee of one dollar ($1) may be imposed by the South Coast Air Quality Management District and shall be paid to the department, upon renewal of registration of any motor vehicle subject to Part 5 (commencing with Section 43000) of Division 26 of the Health and Safety Code and registered in the south coast district, except any vehicle that is expressly exempted under this code from the payment of registration fees. (b) Prior to imposing fees pursuant to this section, the south coast district board shall approve the imposition of the fees through the adoption of a resolution by both a majority of the district board and a majority of the district board who are elected officials. After deducting all costs incurred pursuant to this section, the department shall distribute the additional fees collected pursuant to subdivision (a) to the south coast district, which shall use the fees to reduce air pollution from motor vehicles through implementation of Section 40448.5 of the Health and Safety Code. (c) Any memorandum of understanding reached between the district and a county prior to the imposition of a one dollar ($1) fee by a county shall remain in effect and govern the allocation of the funds generated in that county by that fee. (d) The South Coast Air Quality Management District shall adopt accounting procedures to ensure that revenues from motor vehicle registration fees are not commingled with other program revenues. (e) This section shall become inoperative on August 1, 2004, and, as of January 1, 2005, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 2005, deletes or Page 4 of 5 http://www.leginfo.ca.gov/pubibill/asm/ab_0001-0050/ab_38_bill_19990405_amended_asm.htrr4/21/99 AB 38 Assembly Bill - AMENDED extends the dates on which it becomes inoperative and is repealed. BEE. 3. SEC. 5. Notwithstanding Section 17610 of the Government Code, if the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. If the statewide cost of the claim for reimbursement does not exceed one million dollars ($1,000,000), reimbursement shall be made from the State Mandates Claims Fund. SEC. 6. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to help ensure that continuity of the Clean Fuels Program of the South Coast Air Quality Management District is maintained, it is necessary that this act take effect immediately. Page 5 of 5 http://www.leginfo-ca-gov/pub[bill/asrn/ab-000 I -0050/ab_3 8_bill_ 19990405_amended_asm.htrr4/21 /99 SB 98 Senate Bill - Status CURRENT BILL STATUS MEASURE : S.B. No. 98 AUTHOR(S) Alarcon (Coauthor: Senator Kelley). TOPIC Vehicles: fees: air pollution. HOUSE LOCATION ASM +LAST AMENDED DATE 04/14/1999 TYPE OF BILL : Active Urgency Non -Appropriations 2/3 Vote Required State -Mandated Local Program Fiscal Non -Tax Levy LAST HIST. ACT. DATE: 04/15/1999 LAST HIST. ACTION In Assemb 056 COMM. LOCATION 31 DAYS IN PRINT 01/08/1999 TITLE An act to amend Sections 40448.5 and 40448.5.1 0£ the Health and Safety Code, and to repeal, add, and repeal Section 9250.11 of the Vehicle Code, relating to vehicles, and declaring the urgency thereof, to take effect immediately. Page 1 of l http://www.leginfo.ca.gov/pub/bilUsen/sb_0051-0100/sb-98—bill-1 9990419—status.html 4/21/99 SB 98 Senate Bill - History Page 1 of 1 COMPLETE BILL HISTORY BILL NUMBER : S.B. No. 98 AUTHOR Alarcon TOPIC Vehicles: fees: air pollution. TYPE OF BILL : Active Urgency Non -Appropriations 2/3 Vote Required State -Mandated Local Program Fiscal Non -Tax Levy BILL HISTORY 1999 Apr. 15 In Assemb 056 Apr. 15 Read third time. Urgency clause adopted. Passed. (Ayes 28 044 Apr. 14 Read secon 033 Apr. 13 From committee: Do pass as amen 008 124 Mar. 18 Read second time. Am 037 Mar. 17 From committee: Do pass as amended, but first amend, and re-refer to Com. on APPR. (Aye 022 124 Mar. 2 Testimony tak 121 124 005 003 1998 Dec. 9 From print. May b 004 Dec. 8 Introduced. To Com 001 http://www.leginfo.ca.gov/pub/billlsenlsb_0051-0100/sb_98_bill_ 19990415_history.html 4/21/99 SB 98 Senate Bill - AMENDED BILL NUMBER: SB 98 AMENDED BILL TEXT AMENDED IN SENATE APRIL 14, 1999 AMENDED IN SENATE MARCH 18, 1999 INTRODUCED BY Senator Alarcon (Coauthor: Senator Kelley) DECEMBER 8, 1998 An act to amend Sections 40448.5 and 40448.5.1 of the Health and Safety Code, and to repeal, add, and repeal Section 9250.'11 of the Vehicle Code, relating to vehicles, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST SB 98, as amended, Alarcon. Vehicles: fees: air pollution. (1) The Lewis -Presley Air Quality Management Act requires the South Coast Air Quality Management District to establish a program to encourage participation in projects to increase the utilization of clean -burning fuels. This bill would require the south coast district to establish an Office of Technology Advancement to administer the clean -burning fuels program and to establish an advisory group, as specified, to make recommendations regarding the program, technology advancement, and pollution reduction. The bill would also require the south coast district, on or before March 1 of each year, to prepare and submit, to the office of the Legislative Analyst and to specified committees of the Legislature, a report that contains specified information regarding the program. By imposing new duties on the south coast district, the bill would impose a state -mandated local program. (2) Existing law, until August 1, 1999, authorizes the south coast district to impose a $1 fee on the renewal of registration of motor vehicles in the district, to fund the program. This bill would extend that motor vehicle registration fee authority until est 1,, 2004 January 1, 2005 The bill would make other conforming changes (3) The Ga -F-- ___ - iLes shestate to -`-TMbldrse state. stattit -- -. ---- establish preeediares F=- -e^,_- that te pay the cests ef mandates that de net emeeed $1,000,000 statewide t�lunnn In nn This billwealel-previde that, irt the Gemmissien en State Plandates determines that the bill eent-,ins `ests._Fa ,..dated by the stat. _eweWarseienc€er~hese eest�shal�-be made pursuant these (3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. (4) This bill would declare that it is to take effect immediately as an urgency statute. Page 1 of 5 http:l/www.leginfo.ca.gov/publbilVsenlsb_0051-0100/sb_98_bill_ 19990414_amended_sen.html 4/2l/99 SB 98 Senate Bill - AMENDED Vote: 2/3. Appropriation: no. Fiscal committee: yes. State -mandated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 40448.5 of the Health and Safety Code is amended to read: 40448.5. (a) The south coast district shall establish an Office of Technology Advancement to administer the clean -burning fuels program established pursuant to this section. The program shall encourage projects that increase the utilization of clean -burning fuels that reduce public health hazards from air pollution. The south coast district shall coordinate the program with the state board, the State Energy Resources Conservation and Development Commission, and other appropriate state and federal agencies and private organizations that are conducting activities to promote the use of clean -burning fuels. (b) After holding at least two public hearings to solicit public comment on a clean -burning fuels program, the south coast district shall annually adopt a program of activities for increasing the use of clean -burning fuels in the transportation and stationary source sectors. (c) The program shall include an identification of potential funding sources, including, but not limited to, state and federal funds; private -sector funds; revenues from district permit, variance, and emission fees; proceeds from district penalty settlements and judgments; and funds from other sources under the jurisdiction of the south coast district. (d) In developing its program, the south coast district shall consider promoting projects in the transportation and stationary source sectors utilizing methanol fuel, fuel cells, liquid petroleum gas, natural gas, including compressed natural gas, combination fuels, synthetic fuels, electricity, including electric vehicles, and other clean -burning fuels. (e) When considering which clean fuels projects to promote, the south coast district shall consider, among other factors, the current and projected economic costs and availability of fuels, the cost-effectiveness of emission reductions associated with clean fuels compared with other pollution control alternatives, the use of new pollution control technologies in conjunction with traditional fuels as an alternative means of reducing emissions, potential effects on public health, ambient air quality, visibility within the region, and other factors determined to be relevant by the south coast district. (f) When implementing clean fuels projects, the south coast district shall consider limiting the use of clean fuels to specific seasons, time of day, and locations if those limitations are found by the district to further the goals of the program. (g) The south coast district shall coordinate the clean -burning fuels program with transportation control measures adopted pursuant to paragraph (4) of subdivision (b) of Section 40440 to reduce traffic congestion, air pollution, and motor vehicle fuel consumption. SEC. 2. Section 40448.5.1 of the Health and Safety Code is amended to read: 40448.5.1. (a) Prior to adopting the program specified in subdivision (b) of Section 40448.5 and prior to expending any funds for any research, development, or demonstration program or project relating to vehicles or vehicle fuels, the south coast district shall do both of the following: (1) Adopt and include in the program a plan describing any proposed expenditure that sets forth the expected costs and Page 2 of 5 http://www.leginfo.ca.gov/pub/bill/sen/sb-005 1-0100/sb-98—bill—19990414_amended_sen.html 4/21 /99 SB 98 Senate Bill - AMENDED qualitative as well as quantitative benefits of the proposed program or project. (2) Find that the proposed program and projects funded as part of the program will not duplicate any other past or present program or project funded by the state board, the State Energy Resources Conservation and Development Commission, an air quality management district or air pollution control district, a public transit district or authority within the geographic jurisdiction of the south coast district, the San Diego Transit Corporation, the North County Transit District, the Sacramento Regional Transit District, the Alameda -Contra Costa Transit District, the San Francisco Bay Area Rapid Transit District, the Santa Barbara Metropolitan Transit District, the Los Angeles Department of Water and Power, the Sacramento Municipal Utility District, the Pacific Gas and Electric Company, the Southern California Gas Company, the Southern California Edison Company, the San Diego Gas and Electric Company, or the Office of Mobile Sources within the Environmental Protection Agency. This paragraph is not intended to prevent funding for programs or projects jointly funded with another public or private agency where there is no duplication. (b) (1) The Office of Technology Advancement shall provide notice to interested parties and the public at least 30 days prior to the annual public hearing at which the south coast district board or a committee of the board takes action to approve the clean -burning fuels program. (2) For the purpose of this subdivision, "interested parties" includes groups involved in research, development, and application of clean fuels technologies; public health and environmental organizations with expertise in air pollution related diseases and alternative energy technologies; relevant media; legislators, Fftember members of the county board of supervisors, and members of any city council that represent territory within the south coast district; and any member of the general public who has expressed interest in the program. (c) (1) The south coast district shall establish an advisory group to make recommendations to the south coast district board regarding the clean -burning fuels program, technology advancement, and pollution reduction. The advisory group shall make recommendations regarding the most cost-effective projects that advance and implement clean fuels technology and improve public health. (2) The advisory group shall consist of 13 members with expertise in either clean fuels technology and policy or public health, or both. The members shall be appointed from scientific, academic, entrepreneurial, environmental, and public health communities. (3) The members of the advisory group shall adopt conflict-of-interest guidelines that prohibit a member from advocating an expenditure involving a project in which the member has a professional or an economic interest. (4) The south coast district shall consult with the advisory group regarding approval of the annual report required by subdivision (d). The results of that consultation shall be provided to the south coast district board prior to its approval of the report. (d) Notwithstanding Section 7550.5 of the Government Code, on or before March 31 of each year that the clean -burning fuels program is in operation, the south coast district shall prepare and submit to the office of the Legislative Analyst and to the committees of the Legislature responsible for improving air quality a report that, at a minimum, includes all of the following: (1) A description of the core technologies that the south coast district considers critical to ensure the attainment and maintenance of national and state ambient air quality standards and a description of the efforts made to overcome barriers to commercialization of those technologies. (2) An analysis of the impact of the south coast district's Page 3 of 5 http://www.leginfo.ca.gov/pub/bill/sen/sb_0051-0100/sb_98_bill_ 19990414_amended_sen.html 4/21/99 SB 98 Senate Bill - AMENDED clean -burning fuels program on the private sector and on research, development, and commercialization efforts by major automobile and energy firms, as determined by the district. (3) A description of clean -burning fuels projects funded by the south coast district, including a list of recipients, subcontractors, cofunders, and matching state or federal funds, and a description of expected and actual results of each project in advancing and implementing clean fuels technology and improving public health. (4) The title and purpose of all projects undertaken pursuant to the clean -burning fuels program, the names of the contractors and subcontractors involved in each project, and the amount of money expended for each project. (5) A summary of the actual progress made toward the goals of the clean -burning mer fuels program. (6) Funding priorities identified for the next fiscal year and relevant audit information for previous, current, and future fiscal years covered by the report. (e) Within 120 days from the date of the conclusion of a program or project subject to subdivision (a) that is funded by the south coast district, the south coast district shall issue a public report that sets forth the actual costs of the program or project, the results achieved and how they compare with expected costs and benefits determined pursuant to paragraph (1) of subdivision (a), and any problems that were encountered by the program or project. (f) Notwithstanding any other provision of law, the south coast district may recover the costs of implementing this section from the revenues it receives for alternative fuel research, development, and demonstration pursuant to Section 9250.11 of the Vehicle Code. SEC. 3. Section 9250.11 of the Vehicle Code is repealed. SEC. 4. Section 9250.11 is added to the Vehicle Code, to read: 9250.11. (a) In addition to any other fees specified in this code and the Revenue and Taxation Code, a fee of one dollar ($1) may be imposed by the South Coast Air Quality Management District and shall be paid to the department, upon renewal of registration of any motor vehicle subject to Part 5 (commencing with Section 43000) of Division 26 of the Health and Safety Code and registered in the south coast district, except any vehicle that is expressly exempted under this code from the payment of registration fees. (b) Prior to imposing fees pursuant to this section, the south coast district board shall approve the imposition of the fees through the adoption of a resolution by both a majority of the district board and a majority of the district board who are elected officials. After deducting all costs incurred pursuant to this section, the department shall distribute the additional fees collected pursuant to subdivision (a) to the south coast district, which shall use the fees to reduce air pollution from motor vehicles through implementation of ret=ie 49448.5 Sections 40448.5 and 40448.5.1 of the Health and Safety Code. (c) Any memorandum of understanding reached between the district and a county prior to the imposition of a one dollar ($1) fee by a county shall remain in effect and govern the allocation of the funds generated in that county by that fee. (d) The South Coast Air Quality Management District shall adopt accounting procedures to ensure that revenues from motor vehicle registration fees are not commingled with other program revenues. Page 4 of 5 http://www.leginfo.ca.gov/pub/bill/sen/sb_0051-0100/sb_98_bill_19990414_amended_sen.html 4/21/99 SB 98 Senate Bill - AMENDED (e) This section shall remain in effect only until January 1, 2005, and as of that date is repealed, unless a later enacted statute, which is enacted before January 1, 2005, deletes or extends that date. SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article X.IIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code. SEC. 6. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to help ensure that continuity of the Clean Fuels Program of the South Coast Air Quality Management District is maintained, it is necessary that this act take effect immediately_ Page 5 of 5 http://www.leginfo.ca.gov/pub/bill/sen/sb_0051-0100/sb_98_bill_ 19990414_amended_sen. html 4/21/99 AB 84 Assembly Bill - Status CURRENT BILL STATUS MEASURE : A.B. No. 84 AUTHOR(S) Granlund (Coauthor: Frusetta). TOPIC Political committees: public entities. HOUSE LOCATION SEN +LAST AMENDED DATE 04/26/1999 TYPE OF BILL : Active Non -Urgency Non -Appropriations Majority Vote Required Non -State -Mandated Local Program Non -Fiscal Non -Tax Levy LAST HIST. ACT. DATE: 04/26/1999 My d 9f 1 LAST HIST. ACTION From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on E. & R. 31 DAYS IN PRINT 01/09/1999 TITLE An act to add Section 53072.5 to the Government Code, relating to political committees. http://www.leginfo.ca.gov/pub/bill/asnVab_0051-0100/ab_84_bill_ 19990426_status.html 4/28/99 AB 84 Assembly Bill - History COMPLETE BILL HISTORY BILL NUMBER : A.B. No. 84 AUTHOR Granlund TOPIC Political committees: public entities. TYPE OF BILL Active Non -Urgency Non -Appropriations Majority Vote Required Non -State -Mandated Local Program Non -Fiscal Non -Tax Levy p4ge, 1 of 1 BILL HISTORY 1999 Apr. 26 From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on E. & R. Apr. 21 Referred to Com. on E. & R. Apr. 15 In Senate. Read first time. To Com. on RLS. for assignment. Apr. 15 Read third time, passed, and to Senate. (Ayes 57. Noes 9. Page 1102.) Apr. 8 Read third time, amended, and returned to third reading. Mar. 24 Read second time. To third reading. Mar. 23 From committee: Do pass. (Ayes 6. Noes 0.) (March 22). Mar. 15 Re-referred to Com. on E.,R. & C.A. Mar. 11 From committee chair, with author's amendments: Amend, and re-refer to Com. on E.,R. & C.A. Read second time and amended. Jan. 11 Referred to Com. on E.,R. & C.A. Jan. 4 Read first time. 1998 Dec. 10 From printer. May be heard in committee January 9. Dec. 9 Introduced. To print. http://www.leginfo.ca.gov/publbilllasmlab_0051-0100/ab_84_bill_19990426_history.html 4/28/99 AB 84 Assembly Bill - AMENDED BILL NUMBER: AB 84 AMENDED BILL TEXT AMENDED IN SENATE APRIL 26, 1999 AMENDED IN ASSEMBLY APRIL 8, 1999 AMENDED IN ASSEMBLY MARCH 11, 1999 INTRODUCED BY Assembly Member Granlund (Coauthor: Assembly Member Frusetta) DECEMBER 9, 1998 An act to add Section 53072.5 to the Government Code, relating to Political committees. LEGISLATIVE COUNSEL'S DIGEST AB 84, as amended, Granlund. Political committees: public entities. Existing law generally prohibits any elected state officer, appointee, employee, or consultant from using or permitting others to use state resources for political campaign activity. This bill would prohibit a city, county, special district, or other local governmental agency from using public funds to pay membership dues or membership fees to any organization that is, makes defined contributions to, or establishes or maintains, a committee as defined under the Political Reform Act of 1974 that is established and registered with the Secretary of State on and after January 1, 1999. Vote: majority. Appropriation: no. Fiscal committee: no. State -mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 53072.5 is added to the Government Code, to read: 53072.5. No city, county, special district, or other local governmental agency may use public funds to pay membership dues or membership fees to any organization that is, makes any contribution to, or establishes or maintains, a committee as defined in Section 82013 that is established and registered with the Secretary of State on and after January 1, 1999. For purposes of this section, "contribution" has the same meaning as defined in Section 82015. For purposes of this section, "contribution" does not include the communication by an organization of its endorsement of a candidate made either directly to the candidate or in its membership based newsletter. SEC. 2. It is the intent of the Legislature that no committee, as defined in Section 82013 of the Government Code, that is established and registered with the Secretary of State on and after January 1, 1999, and that is established, managed, or maintained with any public funds shall participate in any campaign involving the qualification or election of a candidate or ballot measure. Pa%-, 1 of 1 http://www.leginfo.ca.gov/publbilllasm/ab_0051-0100/ab_84_bill_ 19990426_amended_sen.htm4/28/99 AB 373 Assembly Bill - AMENDED BILL NUMBER: AB 373 AMENDED BILL TEXT AMENDED IN ASSEMBLY MAY 3, 1999 AMENDED IN ASSEMBLY APRIL 26, 1999 INTRODUCED BY Assembly Member Robert Pacheco FEBRUARY 11, 1999 An act to amend Section 1520.5 of, and to add Section 1517 to, the Health and Safety Code, relating to -eemmunity care facilities, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST AB 373, as amended, Robert Pacheco. Care facilities: location and patient transfers EjElsting (1) Existing law, the California Community Care Facilities Act, provides for the licensure and regulation of community care facilities, including residential care facilities, by the State Department of Social Services. Existing law prohibits the Director of Social Services from denying an application for a new residential care facility license if the director determines that the location is in a proximity to an existing residential care facility that would.result in overconcentration. Existing law defines "overconcentration" to mean that if a new license is issued, there will be residential care facilities that are separated by a distance of 300 feet or less. This bill would prohibit a community care facility from being located within 1,000 feet of another community care facility in residential areas. The bill would also change from 300 to 1,000 feet the distance between residential care facilities for purposes of the definition of "overconcentration." The (2) The Budget Act of 1998 appropriates funds to the State Department of Developmental Services for allocation to the Lanterman Developmental Center for purposes of the construction of security improvements. This bill would prohibit the expenditure of these funds. The bill would prohibit any developmentally disabled forensic patients from being placed at the Lanterman Developmental Center, and would prohibit any additional staffing or construction of security improvements from being made relating to the transfer of forensic patients to the center, until July 1, 2000. it would also require the State Department of Developmental Services, on or before February 1, 2000, to present a report to the Legislature relating to the planned transfer of forensic patients to the Lanterman Developmental Center and the impact of these transfers on the surrounding communities. (3) The bill would declare that it is to take effect immediately as an urgency statute. Vote: 2/3. Appropriation: no. Fiscal committee: yes. State -mandated local program: no. Pagel of 3 http://www.leginfo.ca.gov/publbilllasmlab_0351-04001ab_373 bill_19990503_amended_asm.html5/5/99 AB 373 Assembly Bill - AMENDED Page 2 of 3 THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 1517 is added to the Health and Safety Code, to read: 1517. No community care facility shall be located within 1,000 feet of another community care facility in residential areas. SEC. 2. Section 1520.5 of the Health and Safety Code is amended to read: 1520.5. (a) The Legislature hereby declares it to be the policy of the state to prevent overconcentrations of residential care facilities which impair the integrity of residential neighborhoods. Therefore, the director shall deny an application for a new residential care facility license if the director determines that the location is in a proximity to an existing residential care facility that would result in overconcentration. (b) As used in this section, "overconcentration" means that if a new license is issued, there will be residential care facilities that are separated by a distance of 1,000 feet or less, as measured from any point upon the outside walls of the structures housing those facilities. Based on special local needs and conditions, the director may approve a separation distance of less than 1,000 feet with the approval of the city or county in which the proposed facility will be located. (c) At least 45 days prior to approving any application for a new residential care facility, the director, or county licensing agency, shall notify, in writing, the city or county planning authority in which the facility will be located, of the proposed location of the facility. (d) Any city or county may request denial of the license applied for on the basis of overconcentration of residential care facilities. (e) Nothing in this section authorizes the director, on the basis of overconcentration, to refuse to grant a license upon a change of ownership of an existing residential care facility where there is no change in the location of the facility. (f) Foster family homes and residential care facilities for the elderly shall not be considered in determining overconcentration of residential care facilities, and license applications for those facilities shall not be denied upon the basis of overconcentration. (g) Any transitional shelter care facility as defined in paragraph (11) of subdivision (a) of Section 1502 shall not be considered in determining overconcentration of residential care facilities, and license applications for those facilities shall not be denied upon the basis of overconcentration. SEC. 3. (a) (1) Notwithstanding any other provision of law, on and after the effective date of this act, the State Department of Developmental Services, shall not expend any funds appropriated to the department for allocation to the Lanterman Developmental Center pursuant to Item 4300-301-0001 (1.6) 55.30.230 of the Budget Act of 1998 (Ch. 324, Stats. 1998) for the construction of security .improvements. (2) Notwithstanding any other provision of law, on and after the effective date of this act, no developmentally disabled forensic patients may be placed at the Lanterman Developmental Center, and no additional staffing or construction of security improvements may be made relating to the transfer of forensic patients to the center until July 1, 2000. (3) It is the intent of the Legislature that no appropriation be made to the State Department of Developmental Services in the Budget Act of 1999 with respect to the provision of additional staffing or construction of security improvements at the Lanterman Developmental Center. http://www.leginfo.ca.govlpubibilllasm/ab_0351-04001ab_373 bill_19990503_amended_asm.html5/5/99 AB 373 Assembly Bill - AMENDED (b) On or before February 2, 2000, the state Department of Developmental Services shall present a report to the Legislature relating to the planned transfer of forensic patients to the Lanterman Developmental Center and the impact of these transfers on the surrounding communities. SEC. 4. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order that the safety of the community in which a eemmunit-y— care facility is located can be effectively protected at the earliest possible time, it is necessary that this act take effect immediately. Page 3 of 3 http://www.leginfo.ca.gov/publbilllasnVab_0351-0400/ab_373 bill_19990503_amended_asm.html5/5/99 AB 373 Assembly Bill - Status CURRENT BILL STATUS MEASURE : A.B. No. 373 AUTHOR(S) Robert Pacheco. TOPIC Care facilities: location and patient transfers. HOUSE LOCATION ASM ' +LAST AMENDED DATE 05/03/1999 TYPE OF BILL : Active Urgency Non -Appropriations 2/3 Vote Required Non -State -Mandated Local Program Fiscal Non -Tax Levy Page 1 of 1 LAST HIST. ACT. DATE: 05/03/1999 LAST HIST. ACTION From committee chair, with author's amendments: 'Amend, and re-refer to Com. on HUM. S. Read second time and amended. COMM. LOCATION ASM HUMAN SERVICES 31 DAYS IN PRINT 03/14/1999 TITLE An act to amend Section 1520.5 of, and to add Section 1517 to, the Health and Safety Code, relating to care facilities, and declaring the urgency thereof, to take effect immediately. http://www.leginfo.ca.gov/publbililasmlab_0351-0400/ab_373_bfl_19990503_status.html 5/5/99 AB 373 Assembly Bill - History Page 1 of 1 COMPLETE BILL HISTORY BILL NUMBER : A.B. No. 373 AUTHOR : Robert Pacheco TOPIC Care facilities: location and patient transfers. TYPE OF BILL : Active Urgency Non -Appropriations 2/3 Vote Required Non -State -Mandated Local Program Fiscal Non -Tax Levy BILL HISTORY 1999 May 3 From committee chair, with author's amendments: Amend, and re-refer to Com. on HUM. S. Read second time and amended. Apr. 28 Re-referred to Com. on HUM. S. Apr. 26 Read second time and amended. Apr. 22 From committee: Amend, and re-refer to Com. on HUM. S. (Ayes 7. Noes 0.) (April 21). Apr. 19 Joint Rule 62(a), file notice waived. (Page 1153.) Apr. 14 In committee: Set, second hearing. Hearing canceled at the request of author. Mar. 24 In committee: Set, first hearing. Hearing canceled at the request of author. Feb. 25 Referred to Com. on HUM. S. Feb. 12 From printer. May be heard in committee March 14. Feb. 11 Read first time. To print. http://www.leginfo.ca.govlpublbilUasmlab_0351-04001ab_373 bill_19990503_history.htn l 5/5/99 AB 373 Assembly Bill - Bill Analysis Pagel of 3 AB 373 Page 1 Date of Hearing: April 21, 1999 ASSEMBLY COMMITTEE ON HUMAN SERVICES Dion Aroner, Chair AB 373 (Baugh) - As Introduced: February 11, 1999 SUBJECT Community care facilities: location SUMMARY Establishes new siting requirements for community care facilities. Specifically, this bill 1)Requires community care facilities to be separated by a distance of 1000 feet in residential areas. 2)Defines overconcentration of residential care facilities as facilities separated by less than 1000 feet. EXISTING LAW 1)Provides for the licensure of non-medical residential and day care facilities and requires the director of the Department of Social Services (DSS) to deny an application for a new residential care facility if the proposed facility is within 300 feet or less of an existing residential care facility unless there are special circumstances and local approval is obtained. 2)Permits the director of DSS to approve a separation distance of less than 300 feet with the approval of the city or county in which the facilities are located. 3)Provides that foster family homes and residential care facilities for the elderly not be considered in determining whether to grant a.license which would result in overconcentration. FISCAL EFFECT Unknown COMMENTS . 1)Over the past 10 years, numerous attempts have been made to control the location of community care facilities, particularly residential facilities. Proponents of these AB 373 Page 2 http://www.leginfo.ca.govlpublbilllasm/ab_0351-04001ab_373_cfa 19990422_112740_asm conurfiMyo AB 373 Assembly Bill - Bill Analysis measures argue that an overconcentra- tion of residential facilities can have a negative effect on•the safety, family atmosphere and property values of residential neighborhoods. 2)Opponents of this bill indicate that any law that makes it more difficult to license facilities will result in persons with disabilities remaining in restrictive, expensive institutions and limit their right to live in a home -like setting. 3)The overconcentration provisions in this bill are in direct conflict with the Federal Fair Housing Amendment Act of 1988 (FHAA). The Department of Housing and Urban Development has made it clear that dispersion requirements for group homes are not permitted. Existing overconcentration provisions in state law establishing a 300 foot spacing requirement for some residential facilities has not yet been subject to legal challenge, but would likely be found in violation of Federal Fair Housing law. 4)While local communities have little control over the placement of community care facilities, there are provisions in place to address problem facilities. Government Code Section 12995 (b), allows cities and counties to use nuisance laws with problem facilities, so long as the law is not applied in a discriminatory fashion. Specifically, residential care facilities that do not keep up their property, make too much noise, or engage in other nuisances are subject to the same ordinances and laws applicable to all other homes in the neighborhood. REGISTERED SUPPORT / OPPOSITION Support City of Victorville City of Claremont City of Fountain Valley Opposition Community Residential Care Association of California Association of Regional Center Agencies Protection and Advocacy AB 373 Page 3 California Association of Services for Children California Association of Children's Homes California Association of Mental Health Patient Rights Advocates California Welfare Directors Association California Alliance for the Mentally Ill California Mental Health Planning Council Mental Health Advocacy Project Page 2 of 3 http://www.leginfo.ca.gov/publbilllasnVab 0351-0400/ab 373 cfa 19990422 112740 asm comr&MM AB 373 Assembly Bill - Bill Analysis Page 3 of 3 Analysis Prepared by Eleanor Moses / HUM. S. / (916) 319-2247 httP:Ilwww.leginfo.ca.govlpublbilllasnVab-0351-04001ab-373—cfa-19990422-112740—asm—comnbMM AB 373 Assembly Bill - Vote Information VOTES - ROLL CALL MEASURE: AB 373 AUTHOR: Robert Pacheco TOPIC: Community care facilities: location. DATE: 04/21/1999 LOCATION: ASM. HUM. S. MOTION: Amend, and re-refer to the Committee on Human Services. (AYES 7. NOES 0.) (PASS) AYES Aroner Ashburn Bock Dutra Kaloogian Olberg Strom -Martin NOES ABSENT, ABSTAINING, OR NOT VOTING Ducheny Floyd Page 1 of 1 http://www.leginfo.ca.gov/publbilUasnVab_0351-04001ab_373 vote 19990421 000001 asm comfd5je 1 ABI 195 Assembly Bill - INTRODUCED BILL NUMBER: AB 1195 INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Longville and Senator Rainey (Coauthors: Assembly Members Ackerman, Alquist, Ashburn, Baldwin, Bates, Battin, Baugh, Brewer, Briggs, Calderon, Campbell, Cardenas, Corbett, Cox, Cunneen, Davis, Dickerson, Firebaugh, Florez, Frusetta, Granlund, Hertzberg, Honda, House, Kaloogian, Keeley, Kuehl, Leach, Lempert, Leonard, Lowenthal, Maddox, Maldonado, Mazzoni, Migden, Nakano, 011er, Robert Pacheco, Pescetti, Reyes, Runner, Shelley, Soto, Steinberg, Strickland, Strom -Martin, Thompson, Thomson, Torlakson, Vincent, Washington, Wayne, Wiggins, Wildman, and Zettel) FEBRUARY 26, 1999 An act to amend Section 41204.1 of the Education Code, and to add Section 97.43 to the Revenue and Taxation Code, relating to local government finance, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST AB 1195, as introduced, Longville. Local government finance: property tax revenue allocation: local agency relief. Existing property tax law requires the county auditor, in each fiscal year, to allocate property tax revenue to local jurisdictions in accordance with specified formulas and procedures, and generally requires that each jurisdiction be allocated an amount equal to the total of the amount of revenue allocated to that jurisdiction in the prior fiscal year, subject to certain modifications, and that jurisdiction's portion of the annual tax increment, as defined. Existing property tax law also reduces the amounts of ad valorem property tax revenue that would otherwise be annually allocated to the county, cities, and special districts pursuant to these general allocation requirements by requiring, for purposes of determining property tax revenue allocations in each county for the 1992-93 and 1993-94 fiscal years, that the amounts of property tax revenue deemed allocated in the prior fiscal year to the county, cities, and special districts be reduced in accordance with certain formulas. It requires that the revenues not allocated to the county, cities, and special districts as a result of these reductions be transferred to the Educational Revenue Augmentation Fund in that county for allocation to school districts, community college districts, and the county office of education. This bill would modify these reduction and transfer requirements, commencing with the 1999-2000 fiscal year, by requiring that each reduction and transfer amount calculated for a local agency in a county be limited to that agency's reduction and transfer amount for the 1998-99 fiscal year, as annually reduced in accordance with an unspecified schedule. This bill would also require that the revenues not allocated to the county's Educational Revenue Augmentation Fund as a result of these reductions be instead allocated among the local agencies in the county, as provided. By imposing new duties in the annual allocation of ad valorem property tax revenues, this bill would impose a state -mandated local program. This bill would also state the intent of the Legislature, and would require the Director of Finance to make certain adjustments, with respect to ensuring that the modifications required by this bill Fill 1 of � http://www.leginfo.ca.govlpublbilUasnVab_1151-12001ab_1195 bill_19990226 introduced.html 5/5/99 AB � 1195 Assembly Bill - INTRODUCED to property tax revenue allocations do not have a net fiscal impact on school districts or community college districts, or upon the state' s obligation under the California Constitution to provide funding to those districts. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. This bill would declare that it is to take effect immediately as an urgency statute. Vote: 2/3. Appropriation: no. Fiscal committee: yes. State -mandated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. The Legislature hereby finds and declares that it is the intent of the Legislature in enacting this act to do all of the following: (a) Limit the amounts of property tax revenues that are shifted from counties, cities, and special districts to Educational Revenue Augmentation Funds to those amounts that were so shifted in the 1998-99 fiscal year. (b) Annually reduce the total amount of revenues that are shifted to Educational Revenue Augmentation Funds, estimated to be three billion five hundred ninety million dollars ($3,590,000,000) in the 1998-99 fiscal year, by 10 percent per year until the total amount of revenues that are so shifted is reduced to zero. (c) Ensure that those changes specified in this section are made only after all calculations are made with respect to those revenues that are to be allocated pursuant to Section 8 of Article XVI of the California Constitution, in order to ensure that schools, from the kindergarten level to the community college level, inclusive, are fully funded. SEC. 2. Section 41204.1 of the Education Code is amended to read: 41204.1. (a) (1) Pursuant to paragraph (2) of subdivision (b) of Section 41204, the Director of Finance shall annually adjust "the percentage of General Fund revenues appropriated for school districts and community college districts, respectively, in the 1986-87 fiscal year" for purposes of applying paragraph (1) of subdivision (b) of Section 8 of Article XVI of the California Constitution, to reflect those property tax revenue allocation modifications, required by the amendments made to Chapter 6 (commencing with Section 95) of Part 0.5 of Division 1 of the Revenue and Taxation Code by the aet - ^ qualifying provisions, as definedin paragraph (2) , in a manner that ensures that those modifications will have no net fiscal impact upon the amounts that are otherwise required to be applied by the state for the support of school districts and community college districts pursuant to Section 8 of Article XVI of the California Constitution. (2) For purposes of this section, "qualifying provisions" means both of the following: (A) The amendments made to Sections 97.2 and 97.3 of the Revenue and Taxation Code by Chapter 1111 of the Statutes of 1996. (B) Section 97.43 of the Revenue and Taxation Code. (b) It is the intent of the Legislature a"+ adding this seetien to ensure both of the following: (1) That the changes required by the aet adding this .chef:- qualifying provisions in the allocations page 7 Af 3 http://www.leginfo.ca.gov/pub/billlasm/ab_1151-12001ab_1195_bill_19990226 introduced.html 5/5/99 AB 1195 Assembly Bill - INTRODUCED of ad valorem property tax revenues do not have a net fiscal impact upon school districts, as defined in accordance with Section 41302.5, or community college districts. (2) That the changes required by the r- qualifying provisions in the allocations of ad valorem property tax revenues do not have a net fiscal impact upon the amounts of revenue otherwise required to be applied by the state for the support of school districts and community college districts pursuant to Section 8 of Article XVI of the California Constitution. SEC. 3. Section 97.43 is added to the Revenue and Taxation Code, to read: 97.43. (a) (1) Notwithstanding any other provision of this article, for purposes of ad valorem property tax revenue allocations for the 1999-2000 fiscal year and in each fiscal year thereafter, the auditor shall allocate to the county's Educational Revenue Augmentation Fund only that percentage specified in paragraph (2) of each amount of ad valorem property tax revenue that was allocated in the 1998-99 fiscal year to that fund, rather than a local agency, as a result of the total reductions calculated for that local agency pursuant to Sections 97.2 and 97.3. (2) For purposes of paragraph (1), the allocation percentages are as follows: Fiscal Year Percentage (�) 1999-2000 and each fiscal year thereafter 0 (b) In the 1999-2000 fiscal year and each fiscal year thereafter, any amount of ad valorem property tax revenue that is not allocated to a county's Educational Revenue Augmentation Fund as a result of any limit established in subdivision (a) shall instead be allocated among the local agencies in the county in accordance with each local agency's proportionate share of the total amount of ad valorem property tax revenues that would be required to be allocated to the county's Educational Revenue Augmentation Fund in the absence of this section. SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because this act provides for offsetting savings to local agencies or school districts that result in no net costs to the local agencies or school districts, within the meaning of Section 17556 of the Government Code. SEC. 5. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to commence as soon as possible a program of fiscal relief that will allow local agencies to restore an adequate level of essential public services, it is necessary that this act take effect immediately. CORRECTIONS Heading -- Line 7. Page 3 of 3 http://Www.leginfo.ca.govlpublbilUasmlab_1151-12001ab_1195_bill_19990226 introduced.htn l 5/5/99 AB 1195 Assembly Bill - Status CURRENT BILL STATUS MEASURE : A.B. No. 1195 AUTHOR(S) Longville and Senator Rainey (Coauthors: Ackerman, Alquist, Ashburn, Baldwin, Bates, Battin, Baugh, Brewer, Briggs, Calderon, Campbell, Cardenas, Corbett, Cox, Cunneen, Davis, Dickerson, Firebaugh, Florez, Frusetta, Granlund, Hertzberg, Honda, House, Kaloogian, Keeley, Kuehl, Leach, Lempert, Leonard, Lowenthal, Maddox, Maldonado, Mazzoni, Migden, Nakano, 011er, Robert Pacheco, Pescetti, Reyes, Runner, Shelley, Soto, Steinberg, Strickland, Strom -Martin, Thompson, Thomson, Torl TOPIC Local government finance: property tax revenue allocation: local agency relief. HOUSE LOCATION ASM TYPE OF BILL : Active Urgency Non -Appropriations 2/3 Vote Required State -Mandated Local Program Fiscal Non -Tax Levy Pan 1 of 1 LAST HIST. ACT. DATE: 03/15/1999 LAST HIST. ACTION Referred to Com. on L. GOV. (Corrected March 12. ) 31 DAYS IN PRINT 03/29/1999 TITLE An act to amend Section 41204.1 of the Education Code, and to add Section 97.43 to the Revenue and Taxation Code, relating to local government finance, and declaring the urgency thereof, to take effect immediately. http://www.leginfo.ca.gov/pub/bill/asm/ab_1151-1200/ab_1195 bill_19990430_status.html 5/5/99 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO.9 - TO: Terrence L. Belanger, City Manager MEETING DATE: May 18, 1999 REPORT DATE: May 12, 1999 FROM: James DeStefano, Deputy City Manager TITLE: (1) An Ordinance of the City of Diamond Bar amending Title 15 of the Diamond Bar Code (2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR MAKING EXPRESS FINDINGS AND DETERMINATION THAT MODIFICATIONS TO THE UNIFROM BUILDING CODE, UNIFORM PLUMBING CODE, AND NATIONAL ELECTRICAL CODE, AS ADOPTED BY ORDINANCE NO. XX -(1999), ARE REASONABLY NECESSARY BECAUSE OF LOCAL CLIMATIC, GEOLOGICAL OR TOPOGRAPHICAL CONDITIONS. SUMMARY: The State of California reviews its Model Building Code regulations every three years, and adopts the most current Uniform Building Codes printed by the International Conference of Building Officials. The State of California adopted the 1997 Uniform Building Code, 1997 Uniform Plumbing Code, 1997 Uniform Housing Code, and 1997 Uniform Mechanical Code, 1996 National Electric Code in January, 1999. Local jurisdictions are required to adopt said codes by ordinance within six(6) months or they will automatically be adopted by operation of law. The State allows local municipalities to amend the Uniform Building Codes to meet the unique climatic, geographical, and topographical conditions of the City. RECOMMENDATION: It is recommended that the City Council introduce the ordinance and set a date for public hearing on June 1, 1999. LIST OF ATTACHMENTS x Staff Reports _ Public Hearing Notification x Resolution _ Bid Specification (on file in City Clerk's Office) x Ordinances x Other: Documents on file in the City Clerk's Office _ Agreement(s) EXTERNAL DISTRIBUTION: Fire Department and Building Industry Association (B. I. A.) SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed x Yes —No by the City Attorney? 2. Does the report require a majority or 4/5 vote'? Majority 3. Has environmental impact been assessed'? N/A 4. Has the report been reviewed by a Commission'? N/A Which Commission? 5. Are other departments affected by the report? x Yes No Report discussed with the following affected departments: En i eering Dept. /Fire Dept. REV �WElD Ter ce L. Belange James DeStefano Denms A. arango City Manager Deputy City Manager Building Official CITY COUNCIL REPORT AGENDA NO. MEETING DATE: May 18, 1999 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: (1) An Ordinance of the City of Diamond Bar amending Title 15 of the Diamond Bar Code (2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR MAKING EXPRESS FINDINGS AND DETERMINATIONS THAT MODIFICATIONS TO THE UNIFORM BUILDING CODE, UNIFORM PLUMBING CODE, AND NATIONAL ELECTRICAL CODE, AS ADOPTED BY ORDINANCE NO. XX- (1999), ARE REASONABLY NECESSARY BECAUSE OF LOCAL CLIMATIC, GEOLOGICAL OR TOPOGRAPHICAL CONDITIONS ISSUE STATEMENT: The State of California reviews its Model Building Code regulations every three years, and adopts the most current Uniform Building Codes printed by the International Conference of Building Officials. The State of California adopted the 1997 Building Code, 1997 Plumbing Code, 1997 Uniform Housing Code, and 1997 Mechanical Code, 1996 National Electric Code in January, 1999. Local jurisdictions are required to adopt said codes by ordinance or they will automatically be adopted by operation of law. The State allows local municipalities to amend the Uniform Building Codes to meet the unique climatic, geographical, and topographical conditions of the City. RECOMMENDATION: It is recommended that the City Council introduce the ordinance and set a date for public hearing on June 1, 1999. BACKGROUND: The building code is not a modern concoction. The history of building regulation and codes extends back thousands of years. We find mention of building laws from the time of ancient Babylonian Empire of Hammurabi, about 2000 B.C. The building code of Hammurabi is the earliest known code of law. Excerpts from this code include: "If a builder has built a house for a man and his work is not strong, and if the house he has built falls in and kills the householder, that builder shall be slain." Our American building codes evolved from the cycle of needs and dangers arising out of unregulated construction. The colonists took whatever building materials were at hand and constructed hastily improvised shelters. As has always, unfortunately, been the case, our modern building codes were the result of an evolutionary process that has its roots deeply embedded in disaster and tragedy. From 1800 to 1900, 11 major American cities were devastated by fires that took unrecorded numbers of lives and damaged or destroyed property in the hundreds of millions of dollars, including the Chicago fire of 1871. It is probably safe to say, that a combination of building inspection and fire prevention efforts working together have resulted in great reductions in fire losses. When the question is asked, "Why do we need building laws?", it would be safe to say that in the past 5000 years millions of lives have been sacrificed for lack of such laws. The primary intent of building regulations is to provide reasonable controls for the construction, use and occupancy of buildings, and all of their various components. Thus, such codes are minimum in nature, however the word minimum should not be misconstrued as inferior or shoddy work. Codes must be based upon what is generally accepted as good standards of construction. Only those codes which are reasonable, practical, or necessary can be legally enforced. Properly written codes will contain provisions requiring that buildings and structures be erected, utilized and maintained in a manner which reduces the risk to human life. The authority to regulate the construction and use of buildings and structures through the application of codes is a valid and proper exercise of the enforcement agency, be it the state, county or municipality. DISCUSSION: The State of California reviews its Model Building Code regulations every three years which allows the State to approve and review the most current construction practices and materials , and adopts the most current Uniform Building Codes printed by the International Conference of Building Officials. The State of California adopted the 1997 Building Code, Volumes 1, 2, and 3, 1997 Plumbing Code, 1997 Uniform Housing Code, 1997 Mechanical Code, and 1996 National Electric Code in January, 1999. Local jurisdictions are required to adopt said codes by ordinance or they will automatically be adopted. The State allows local municipalities to amend the Uniform Building Codes to meet the unique climatic, geographical, and topographical conditions of the city. CITY ADOPTION: On December, 1995, the Diamond Bar City Council adopted the 1994 Uniform Model Code to meet the state mandates. Since then, the State of California has adopted the most current Uniform Model Codes printed by the International Conference of Building Officials. During the state adoption process, changes and omissions have occurred. These changes and omissions are enclosed in the 1997 edition of above referenced codes. In January of this year, the State of California adopted the 1997 codes, which allowed local cities, by law, 180 days to follow suit if said cities intend to modify the state bodes. This year local cities have until July, 1999 to amend and adopt the 1997 Uniform Codes. The attached proposed ordinance amends Title 15 of the Diamond Bar Code, by adopting the 1997 Uniform Model Codes, and also, the ordinance makes reference to the amendments to the Uniform Model Codes to meet the unique climatic, geographical, and topographical conditions of the City.. The 1997 State Model Codes included the integration of three Model Codes: The B.O.C.A. Code; the S.B.C.C. Code; and the I.C.B.O. Code. By integrating the three codes, the 1997 State Model Code is widely used throughout the United States. The 1997 edition includes three volumes. Volume One includes administrative, fire and life -safety, and field inspection provisions. Volume Two contains structural engineering design provisions. Volume Three contains material, testing and installation standards. The most significant technical change from the 1994 codes to the 1997 codes are as follows: In the engineering section of the Uniform Building Code, structural member values have been reduced, which means that larger framing/structural members are to be used. Stricter design criteria are mandated for both commercial and residential structures. These changes are due to the knowledge acquired by designers and code administrators during the period following the 1997 Northridge earthquake. Other changes include penetration through fire walls, flame barriers, parapet construction, labels for fire doors, sprinkler requirements for W' occupancies, means of egress, exit travel requirements through intervening rooms, hazardous location — pool barrier, glass and glazing scope, attic and laundry ventilation, design load for patio covers, repair building damaged by natural disaster, anchorage of concrete or masonry walls in seismic zone 3 & 4, prescriptive sill bolting requirements for seismic zone 3 & 4 has been increased. A brief description of the City of Diamond Bar amendments to the Uniform Building Codes: Section 202.c is amended to give the Building Official 'Right of Entry" when in possession of a warrant. Section 204.1 and (b) establishing the City Council to act as a Board of Appeals in making a final determination of any appeal filed against the Building officials code interpretations or alternate materials. Section 301(a) has been amended to allow the Building staff to require permits for all demolitions, thus mandating the Department's review of all demolition sites for maintenance and safety conditions (e.g. pedestrian protection). Section 301.2.1.1. is amended to further define storage sheds, tool sheds, and similar accessory buildings. After reviewing the code enforcement files it has come to our attention that the so-called tool sheds and playhouses are equipped with elaborate electrical and plumbing systems which may be used for housing people. This amendment requires a permit for such a structure. Section 303.4 has been amended to reduce the demolition permit duration from 180 days to 45 days. This amendment will allow the Building staff to review the building sites more frequently, thus expediting the demolition phase of projects and reducing the possible eyesores related to demolition projects. Section 1806. 10 is added to establish minimum design criteria for all foundation work in expansive soil conditions. Throughout the City of Diamond Bar expansive soil (adobe) exists, which mandates a soils report for any foundation work. By adopting this amendment, the costly soils report can be omitted from the typical room addition plans. Section 1503 is amended to require a Class "C" roof material for all new buildings and existing buildings throughout the City of Diamond Bar when twenty-five percent (25%) or more of the roofed area is reroofed within a one year period. The class "C" rated roof is effective against light fires and may consist of wood shakes, which have been treated with fire retardant materials. Section 3304.5 (Appendix) is added to transfer the power and duties usually exercised by the Building official on all items dealing with excavation and grading to the City Engineer. This amendment is proposed due to the complexity of the submitted grading plans, due to the diverse topography in the City of Diamond Bar. Dealing with this type of challenge requires the expertise of a civil engineer that is accustomed in addressing these projects, and this amendment would address this need. Article 336-3 (a) Uses Permitted. Section 110.14 omits the use of Aluminum conductors less than No.4 AWG. This amendment would allow aluminum wire for convenience outlets and lighting. 336-3 (a) Type NM. Type NM cable shall be permitted for beth-expesed concealed work in normally dry locations. It shall be permissible to install or fish Type NM cable in air voids in masonry block or tile walls where such walls are not exposed or subject to excessive moisture or dampness. Amended to read: 336-3 (a) Type NM. Type NM cable shall be permitted for concealed work in normally dry locations. It shall be permissible to install or fish Type NM cable in air voids in masonry block or tile walls where such walls are not exposed or subject to excessive moisture or dampness. 336-3 (b) Type NMC. Type NMC cable shall be permitted: (1) for beth expesed and concealed work in dry, moist, damp, or corrosive locations; (2) in outside and inside walls of masonry block or tile; (3) in a shallow chase in masonry, concrete, or adobe protected against nails or screws by a steel plate at least 1/16 inch (1.59 mm) thick and covered with plaster, adobe, or similar finish. Amended to read: 336-3 (b) Type NMC. Type NMC cable shall be permitted: (1) for concealed work in dry, moist, damp, or corrosive locations, (2) in outside and inside walls of masonry block or tile; (3) in a shallow chase in masonry, concrete, or adobe protected against nails or screws by a steel plate at least 1/16 inch (1.59 mm) thick and covered with plaster, adobe, or similar finish. These changes will help eliminate damage to nonmetallic cable in locations subject to damage due to weather, ultra -violet light, or personal use (i.e. garages, attics, under exterior soffits, under open -roofed patios). 336-4. Uses not Permitted. 336-4 (a) Type NM or NMC. Types NM and NMC cables shall not be used: (1) in any dwelling or structure exceeding three floors above grade: (2) as service -entrance cable; (3) in commercial garages having hazardous (classified) locations as provided in Section 511-3; (4) i theaer-s and by geoiens 501 4(b), Emeeptions, and 504 . Article 336-4 (a) Amended to read: 336-4 (a) Type NM or NMC. Types NM and NMC cables shall not be used: (1) in any dwelling or structure exceeding three floors above grade; (2) as service entrance cable, (3) in commercial and industrial buildings. For the purpose of this article, the first floor of a building shall be that floor that has fifty percent or more of the exterior wall surface area level with or above finished grade. One additional level that is the first level and not designed for human habitation and used only for vehicle parking, storage, or similar use shall be permitted. Currently, the Building Department is encountering many cases of damage to nonmetallic -sheathed cable during inspections of commercial tenant improvements. Most of said damage is due to the use of steel studs, which is mandated by the building code. The original article contained many exceptions to commercial use already, however this change will broaden the safety net to include office type uses. Table 300-5. Minimum Cover Requirements, 0 to 600 Volts, Nominal, Burial in Inches (Cover is defined as the shortest distance measured between a point on the top surface of any direct buried conductor, cable, conduit or other raceway and the top surface of finished grade, concrete, or similar cover.) See attached for existing Table 300-5. Table 300-5 amended to read: All conductors, cables, conduits, or other raceway used for one -and two family dwelling driveways and parking areas, and used for no other purpose, shall be buried no less than 24 inches below finished grade. Due to the expansive -type soil throughout Diamond Bar, it is necessary to add the additional six inches burial of the Electrical wiring under one -and -two family dwelling driveways and parking areas. The proposed ordinance reintroduces the Uniform Administrative Code 1997 Edition, which will aid the Building Official in administrative, organizational and enforcement rules and regulations for the technical codes which regulate the site preparation and construction, alteration, moving, demolition, repair, use and occupancy of buildings, structures and building service equipment within the City of Diamond Bar. Also revised by this ordinance is the Uniform Housing Code 1997 Edition. This code establishes minimum requirements for housing standards, thus enhancing the quality of living in the City of Diamond Bar. It gives the City authority to address the maintenance of residential housing as relates to required exiting, minimum light and ventilation, sanitation facilities, electrical wiring, and weather protection. Within the Code there is provision for abatement of substandard housing. Highlighted within this ordinance is the addition to the plumbing code which requires all new structures, to be equipped with an additional main for future use of reclaimed water for landscape irrigation systems. The Building staff discussed the high rise package (Section 1807 special Provisions) with the Fire Department and concluded that the County equipment (ladders) can meet the 75 foot height limitation mandated by Section 1807 of the 1997 Uniform Building Code. The Department recommends that no modification to this section is required. A copy of the proposed amended Codes have been provided to the Building Industry Association (B.I.A.) for their review and comment. A response from the Building Industry Association (B.I.A.) was received, informing the Building Department that the proposed amendments to the Uniform Model Codes were minor in nature and would not have an impact on the building industry. The Fire Department has received and reviewed the proposed Uniform Building Code amendments and has determined that the amendments will not negatively impact the Fire Codes. Pursuant to the government code, a public hearing must be scheduled with a notice published at least 14 days prior to the adoption of the ordinance. PREPARED BY: Dennis A. Tarango, C. .O. Building Official Attachments: 1. Draft Ordinance No. (X) 1999 Z. Draft Resolution No. 99- XX 0 RESOLUTION NO. 99 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR MAKING EXPRESS FINDINGS AND DETERMINATIONS THAT MODIFICATIONS TO THE UNIFORM BUILDING CODE, UNIFORM PLUMBING CODE, AND NATIONAL ELECTRICAL CODE, AS ADOPTED BY ORDINANCE NO. 99- XX ARE REASONABLY NECESSARY BECAUSE OF LOCAL CLIMATIC, GEOLOGICAL OR TOPOGRAPHICAL CONDITIONS. A. Recitals. (i) California Health and Safety Code Section 17922 requires all cities to adopt, as the City Building Standards Code, the State Building Standards Code adopted pursuant to the provisions of Chapter 4 of Part 2.5 of Division 13 of the California Health and Safety Code. (ii) Section 17958.5 of the California Health and Safety Code provides, in pertinent part, as follows: "...a city or county may make such changes or modifications in the requirements contained in the provisions published in the State Building Standards Code and the other regulations adopted pursuant to Section 17922 as it determines, pursuant to the provisions of Section 17958.7, are reasonably necessary because of local climatic, geological or topographical conditions." (iii) Prior to making the modification permitted under Section 17958.5 of the California Health and Safety Code, this Council is required to make an express finding that such modifications or changes are reasonably necessary. (iv) This Council desires to amend the provisions of sections 1806.10, 1503, 1504, Table No. 15A, and Section 904.22 of the "Uniform Building Code", 1997 Edition. (v) This Council desires to amend the provisions of Section 318 of the "Uniform Plumbing Code", 1997 Edition. (vi) This Council desires to amend the provisions of Section 110-14, 336-3, Section 336-4 and Table No. 3005 of the "National Electrical Code", 1996 Edition. (vii) All legal prerequisites to the adoption of this Resolution have occurred. 1 B. Resolution. NOW, THEREFORE, be it found, determined and resolved as follows: 1. In all respects as set forth in the Recitals, Part A, of this Resolution. 2. This Council does hereby expressly find and determine that the amendments set forth in Ordinance Amending Section 1806.10 of the "Uniform Building Code", 1997 Edition, are reasonably necessary because of local climatic, geological or topographic conditions. This express finding is supported and based upon the following more specific findings and determinations: a. The hillsides in Diamond Bar are composed of Puente Formation, and similar weak geological materials, while neighboring flatland areas are composed of more stable fill and alluvial materials. These materials may be naturally unstable or weak in terms of physical support. These highly expansive soil conditions are vulnerable to earth movement. b. The City of Diamond Bar experiences diverse temperatures, which promotes expansion and contraction of the soil. This condition is very damaging to expansive type soil. C. Because of the above-described climatic and geological conditions, the City of Diamond Bar requires special engineering to support habitable structures within the unstable soil areas. This will decrease possible damage due to natural earth expansion and seismic activity. 3. This Council does hereby expressly find and determine that the amendments set forth in Ordinance No. , amending Sections 1503, 1504, and Table No. 15A of the "Uniform Building Code", 1997 Edition, are reasonably necessary because of local climatic, geological or topographic conditions. This express finding is supported and based upon the following more specific findings and determinations: a. Located throughout the City of Diamond Bar, as well as in the surrounding cities, are numerous concentrations of structures which have roofs constructed of thinly cut pieces of wood, otherwise known as untreated shakes, as well as untreated wood shingles. These untreated wood shakes and shingles are extremely combustible in nature. b. The City of Diamond Bar, as well as the surrounding cities, is located in an area climatically classified as "arid" and prone to winds of high velocity. Moreover, due to the arid nature of the area, the weather during the windy periods tends to be very warm and dry. The dry weather conditions are very hazardous to the surrounding undeveloped hillsides and wild lands which neighbor highly populated areas. 2 C. Because of the above-described climatic and meteorological conditions, the City of Diamond Bar and the surrounding cities have historically suffered from occasional structural and brush fires. These have often been difficult to control due to the high velocity, dry winds carrying sparks and cinders to surrounding structures with roofs constructed as described in paragraph 3.a. above. 4. This Council does hereby expressly find and determine that the amendments set forth in Ordinance No. , amending Sections 904.22 of the "Uniform Building Code", 1997 Edition, are reasonably necessary because of local climatic, geological, or topographic conditions. This express finding is supported and based upon the following more specific findings and determinations: a. The City of Diamond Bar is located in a seismically active area and is in close proximity to earthquake fault zones (Whittier fault, just south of Tonner Canyon; Chino fault passes within a mile of the city's eastern boundary), and it is reasonably foreseeable that an earthquake would render the City of Diamond Bar particularly vulnerable to devastation. Further, the City of Diamond Bar is bisected by major freeways, located primarily in a north -south direction. Substantial number of flood control facilities additionally exist, as well as freeway overpasses and major railroad right-of-ways. b. Because of the above-described geological conditions within the city, and the substantial amount of freeway, railroad, and flood control facilities throughout the community, the City of Diamond Bar, in the event of an earthquake, may be unable to dispatch an adequate number of fire personnel and apparatus to suppress fires and conduct rescue operations. Moreover, the conditions within Diamond Bar likewise occur in surrounding communities, hereby rendering mutual aid assistance problematic, at best. C. Furthermore, as found in paragraph 2.b. of the above Resolution, climatic conditions within the community render it extremely likely that, in the event of seasonal high winds and earthquake occurring, the County Fire Department would be unable to suppress numerous fires occurring throughout the community. Installation of sprinkler systems in buildings above three stories in height will enable suppression activities to be directed to those areas which are unprotected in the event of earthquake activity. 5. This Council does hereby expressly find and determine that the amendments set forth in Ordinance No. , amending Section 318.0 of the "Uniform Plumbing Code", 1997 Edition, are reasonably necessary because of local climatic, geological or topographical conditions. This express finding is supported and based upon the following more specific findings and determinations: a. The City of Diamond Bar is suffering through its fifth year of drought conditions, along with the entire state of California. Its water provider, the Metropolitan Water District, has restricted local water supplies by 25 percent through the imposition of surcharges on 3 water supplied in excess of these levels. As water supplies are restricted further and the price of water rises, the City of Diamond Bar will find it difficult to maintain hillside erosion control and the general quality of life in our community will suffer. b. Because of the above-described climatic condition affecting the City of Diamond Bar, the need for alternative methods of providing landscape irrigation is enormous. The use of reclaimed water will help to meet this demand, now and in the future. 6. This Council does hereby expressly find and determine that the amendments set forth in Ordinance No. , amending Sections 110-14, 336-3, 336-4 and Table No. 300.5 of the "National Electrical Code", 1996 Edition, are reasonably necessary because of local climatic, geological or topographical conditions. This express finding is supported and based upon the following more specific findings and determinations: a. As found in paragraph 4.b., the City of Diamond Bar is located in a seismically active area and is in close proximity to earthquake fault zones (Whittier fault, just south of Tonner Canyon; Chino fault passes within a mile of the city's eastern boundary), and it is reasonably foreseeable that an earthquake would render the City of Diamond Bar particularly vulnerable to devastation. Further, the City of Diamond Bar is bisected by major freeways, located primarily in a north -south direction. Substantial number of flood control facilities additionally exist, as well as freeway overpasses and major railroad right-of-ways. b. Because of the above-described geological conditions within the city, and the substantial amount of freeway, railroad, and flood control facilities throughout the community, the City of Diamond Bar, in the event of an earthquake, may be unable to dispatch an inadequate number of fire personnel and apparatus to suppress fires and conduct rescue operations. Moreover, the conditions within Diamond Bar likewise occur in surrounding communities, hereby rendering mutual aid assistance problematic, at best. C. Furthermore, as found in paragraph, 2.b., of this Resolution, climatic conditions within the community render it extremely likely that in the event of seasonal high winds and earthquake occurring, the County Fire Department would be unable to suppress numerous fires occurring throughout the community. Therefore protection of electrical wiring is essential in the above described events and this protection is magnified in high occupancy buildings. ADOPTED AND APPROVED this _ day of , 1999. Mayor 4 I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of Diamond Bar held on the day of , 1999 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ATTEST: City Clerk of the City of Diamond Bar 5 ORDINANCE NO. 99 -XX AN ORDINANCE OF THE CITY OF DIAMOND BAR AMENDING TITLE 15 OF THE DIAMOND BAR CODE ADOPTING, BY REFERENCE, THE "UNIFORM ADMINISTRATIVE CODE", 1997 .EDITION, THE "UNIFORM BUILDING CODE", 1997 EDITION, VOLUMES 1, 2, AND 3, INCLUDING ALL APPENDICES THERETO, .THE "UNIFORM MECHANICAL CODE", 1997 EDITION AND THE APPENDIX THERETO, THE "UNIFORM PLUMBING CODE", 1997 EDITION AND THE APPENDICES THERETO, THE "NATIONAL ELECTRICAL CODE", 1996 EDITION AND THE APPENDICES THERETO, "THE UNIFORM HOUSING CODE", 1997 EDITION AND THE APPENDICES THERETO AND THE "THE UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE", 1997 EDITION AND APPENDIX 1 OF THE 1997 UNIFORM CODE FOR BUILDING CONSERVATION. ALL AS AMENDED BY THE CALIFORNIA BUILDING STANDARD COMMISSION AND SET FORTH IN TITLE 24 OF THE CALIFORNIA CODE OF REGULATION, TOGETHER WITH CERTAIN AMENDMENTS, ADDITIONS, DELETIONS AND EXEPTIONS INCLUDING FEES AND PENALTIES. A. Recitals. (i) Section 17922 of the California Health & Safety Code mandates the adoption, by reference, of the uniform codes. (ii) At least one copy of each of the codes and standards identified in this Ordinance and certified as full, true and correct copies thereof by the City Clerk of the City of the City of Diamond Bar have been filed in the office of the City Clerk of the City of Diamond Bar in accordance with the provisions of California Government Code § 50022.6. (iii) All legal prerequisites to the adoption of this Ordinance have occurred. B. Ordinance. NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby find, determine and ordain as follows: 1 Section 1 In all respects as set forth in the Recitals, Part A, of the Ordinance. Section 2: Ordinance No. (1999), as heretofore adopted, hereby is repealed; provided, however, that said repeal shall not apply to or excuse any violation thereof occurring prior to the effective date of this Ordinance and provided further that the California codes as adopted therein by reference and amended by Ordinance No. (1999) of the City of Diamond Bar shall continue to be applicable to construction wherein plans have been submitted for plan check as of the effective date of this Ordinance so long as the initial permit therefor is issued not later than ninety (90) days after the effective date of this Ordinance. Section 3• "Amending Division 2 of Title 15 of the Diamond Bar City Code to read, in words and figures, as follows: DIVISION 2. UNIFORM ADMINISTRATIVE CODE "Sections: 15.00.110 Uniform Administrative Code - Adopted. 15.00.120 Amendments Section 202.1 - Amended. Section 202.3 - Amended. Section 202.9 - Deleted. Section 204 - Amended. Section 204.1 - Amended. Section 204.2 - Amended. Section 301.1 - Amended. Section 301.2.1.1.- Amended. Section 301.2.1.2.- Amended. Section 301.2.1.5.- Amended. Section 301.2.1.11- Amended. Section 302.1 - Amended. Section 303.4 - Amended. Section 303.6 - Added. Section 304.2 - Amended. Section 304.3 - Amended. Section 304.4 - Amended. Section 304.5 - Amended. Section 304.6 - Amended. 011 Section 310 Section 310.1 Section 310.2 Section 310.2.1 Section 310.2.2 Section 310.2.3 Section 311 Section 312 Tables Deleted "15.00.130 Penalties - Added - Added - Added - Added - Added - Added - Added - Added - Fees Established - Added "15.00.110 Uniform Administrative Code - Adopted "The Uniform Administrative Code", 1997 Edition, hereby is adopted, in its entirety, except as hereinafter provided as the Administrative Code of the City of Diamond Bar pertaining to building and construction regulations within the City, together with the amendments, additions, deletions and exceptions set forth in this Division. "15.00.120 Amendments Section 202.1 - Amended. "Section 202.1 of the Uniform Administrative Code hereby is amended to read, in words and figures, as follows: "Section 202.1. General. The Building Official shall enforce the provisions of the Chapter and shall have the responsibility for making interpretations of the Uniform Codes, for deciding upon the approval of equipment and materials, and for granting the special permission contemplated in a number of code sections hereof. Section 202.3 - Amended. "Section 202.3. of the Uniform Administrative Code hereby is amended to read, in words and figures, as follows: "Section 202.3. Right of Entry. The Building Official, or his duly authorized representative, shall have the authority to enter any building or premises for the purpose of investigation of the existence of suspected or reported damage or defects which constitute an immediate danger to human life or an immediate hazard to public safety or health. Except in emergency situations, the Building Official, or his authorized representative, shall not enter any building or premises without the consent of the owner or occupant thereof, unless he possesses a warrant authorizing entry and search of the premises. No person shall hinder or prevent the Building Official, or his authorized representative, while in the performance of the duties herein described as emergency situations or while in possession of a warrant, from entering upon and into any and all premises under his jurisdiction, at all reasonable hours, for the purpose of inspecting the 3 same to determine whether or not the provisions of the Chapter and all other applicable laws or ordinances pertaining to the protection of persons or property are observed therein. Section 202.9 - Deleted. "Section 202.9. of the Uniform Administrative Code hereby is deleted, in its entirety. Section 204 - Amended. "Section 204 of the Uniform Administrative Code hereby is amended to read, in words and figures, as follows: "Section 204.1. Appeals. A decision of the Building Official regarding the interpretation or implementation of any provision of this Chapter or the Code adopted hereby shall be final and shall become effective forthwith upon the service of the decision by the Building Oficial, in writing, upon the permittee. For the purposes of this section, service upon the permittee shall mean either personal delivery or placement in the United States Mail, postage prepaid, and addressed to the permittee at his last known business address; provided, however, that the permittee may, within ten (10) days after the effective date of the decision of the Building Official, file an appeal with the City Clerk, in writing, specifying the reason or reasons for the appeal and requesting that the Board of Appeals review the decision of the Building Official. "Section 204.2. The City Council shall act as the Board of Appeals in making a final determination of any appeal filed in accordance with the provisions of Section 204 of this Code. The City Clerk shall schedule a hearing on the appeal at reasonable times at the convenience of the Board of Appeals, but not later that thirty (30) days after receipt of the written appeal. The permittee may appear in person before the Board or be represented by an attorney and may introduce evidence to support his claim. The Building Official shall transmit to the Board all records, papers, documents, and other materials in support of his decision and shall provide a copy thereof to the permittee appealing the decision of the Building Official. The permittee appealing the decision of the Building Official shall cause, at his own expense any tests or research required by the Board to substantiate his claim to be performed or otherwise carried out. The Board may continue such appeal hearing from time to time as deemed necessary by the Board. The Board may, by resolution, affirm, reverse or modify in whole or in part, any appealed decision, determination, or interpretation of the Building Official. A copy of the resolution adopted by the Board shall be mailed to the permittee and the Board's decision shall be final upon the mailing, by United States Mail, postage prepaid, to the permittee's last known address of record. Section 301.1. - Amended. "Section 301.1. of the Uniform Administrative Code hereby is amended to read, in words and figures, as follows: 4 "Section 301.1. Permits Required. Except as specified in Section 301.2 of this section, no building or structure regulated by this Code shall be erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted or demolished unless a separate permit for each building or structure has first been obtained from the Building Official. All signs affixed to any building or structure and not otherwise requiring a permit hereunder shall require a building permit. Section 301.2.1.1. - Amended. "Section 301.2.1.1. of the Uniform Administrative Code hereby is amended to read, in words and figures, as follows: "Section 301.2.1.1. Detached accessory buildings used as tool and storage sheds, playhouses, and similar uses provided that: a. The building is accessory to a dwelling unit. b. The building neither exceeds 120 square feet in roof area nor exceeds 6 feet in overall height. C. The building has no plumbing or electrical installations or fixtures. d. The building is separated from any similar accessory structures by a minimum distance of 6 feet. Section 301.2.1.2. - Amended. "Section 301.2.1.2. of the Uniform Administrative code hereby is amended to read, in words and figures, as follows: "Section 301.2.1.2. Fences not over 6 feet high. EXCEPTION 1: Walls or fences more than 42" above finish grade, within the required front yard setback area. Section 301.2.1.5. - Amended. "Section 301.2.1.5. of the Uniform Administrative Code hereby is amended to read, in words and figures, as follows: "Section 301.2.1.5. Retaining walls which are not over 3 feet in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding flammable liquids. Section 301.2.1.11. - Amended. "Section 301.2.1.11. of the Uniform Administrative Code hereby is amended to read in words and figures, as follows: "Section 301.2.1.11. Prefabricated swimming pools, spas, or hot tubs accessory 5 to Group R, Division 3 Occupancy in which the pool walls are embedded no more than 12 inches below the adjacent grade and if the capacity thereof does not exceed 5,000 gallons. Section 302.1 - Amended. Section 302.1 of the Uniform Administrative Code hereby is amended to read, in words and figures, as follows: "Section 302.1. Application. Application for a permit to perform the work shall be made in writing to the Building Official and shall fully describe said work. Plans, engineering calculations, diagrams, and other data, including specifications and schedules, may be required to determine whether the installation as described will be in conformance with the requirements of this Title. If it is found that the installation as described will conform with all legal requirements, and if the applicant has complied with the provisions of this Title, a permit for such installation shall be issued. No deviation may be made from the installation described in the permit and plan without the prior written approval of the Building Official. Section 303.4 - Amended "Section 303.4 of the Uniform Administrative Code hereby is amended by the addition of the following exception to read, in words and figures, as follows: "EXCEPTION: Demolition permits shall expire by limitation and shall become null and void if the work authorized by such permits is not substantially commenced within 45 days of the date such permit was issued or as otherwise specified by the Building Official. Section 303.6 - Added. "Section 303 of the Uniform Administrative Code hereby is amended by the addition of a new subsection (f) to read, in words and figures, as follows: "Section 303.6. Qualifications of Permittee. No person shall be issued a permit under this Chapter until evidence of a valid California Contractor's License and Workers Compensation Insurance is presented to the Building Official. "EXCEPTION: Owner -builder permit may be issued for specified occupancies in accordance with California law. Section 304.2 - Amended. "Section 304.2 of the Uniform Administrative Code hereby is amended to read, in word and figures, as follows: "Section 304.2. Permit Fees. The fees required in this Chapter shall be paid to 6 the Building Official for all work for which a permit is required by this Title. "The determination of value or valuation under any of the provisions of this Chapter shall be made by the Building Official whose determination shall be final. The value is to be utilized in computing the permit and plan review fees established pursuant to this Chapter shall be the total value of all work for which the permit is issued including, by way of illustration and not by limitation, construction and finish work, painting, roofing, electrical, plumbing, heating, air-conditioning, elevators, fire -extinguishing systems, and all other permanent equipment. Section 304.3 - Amended. "Section 304.3. of the Uniform Administrative Code hereby is amended to read, in words and figures, .as follows: "Section 304.3. Plan Review Fees. When a plan or other data is required to be submitted for review and approval by the Building Official pursuant to this Chapter, a plan review fee shall be paid at the time of submittal of such plan or other data. Said plan review and recheck fees shall be established, and may be amended from time to time, by resolution of the City Council. Section 304.4 - Amended. "Section 304.4. of the Uniform Administrative Code hereby is amended to read, in words and figures, as follows: "Section 304.4. Expiration of Plan Review. Applications for which no permit is issued within 180 days following the date of submitted application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Building Official. The Building Official may extend the time for action by the applicant for a period not exceeding 180 days upon request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. No application shall be extended more than once. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee. Section 304.5 - Amended. "Section 304.5 of the Uniform Administrative Code hereby is amended to read, in words and figures, as follows: "Section 304.5. Failure to obtain a permit and to pay fees therefor before commencing work shall be deemed evidence of violation of the provisions of this Chapter. A penalty, as established by resolution of the City Council, shall be assessed for work commenced before a permit is issued. Whenever any work for which a permit is required under the provisions of this Chapter has been commenced without the authorization such permit, a special investigation may be required before a permit will be issued for any such 7 work. In addition to any regular permit fee and/or any penalty fee, the said investigation fee shall be collected as established by resolution of the City Council. Section 304.6 - Amended. "Section 304.6 of the Uniform Administrative Code hereby is amended to read, in words and figures, as follows: "304.6. Fee Refunds. The Building Official shall collect such fees as are required to be paid by this Chapter and shall make no refund of fees paid except in accordance the provisions of this section and in no event after one hundred eighty (180) days have elapsed from the date of the issuance of the permit. All requests for refund of fees paid shall be made in writing to the Building Official and shall be made in accordance with the procedures and refund schedule established by resolution of the City Council. Section 310 - Added "Section 310 hereby is added to Chapter 3 of the Uniform Administrative Code by addition of a new section to read, in words and figures, as follows: "Section 310. Prohibited Uses of Building Sites. "310.1 Flood Hazard. Buildings are not permitted in an area determined by the city engineer to be subject to flood hazard by reason of inundation, overflow or erosion. "The placement of the building and other structures (including walls and fences) on the building site shall be such that water or mud flow will not be a hazard to the building or adjacent property. "EXCEPTION: This prohibition shall not apply when provision is made to eliminate such flood hazard to the satisfaction of the city engineer by providing adequate drainage facilities, by protective walls, suitable fill, raising the floor level of the building, a combination of these methods, or by other means. "310.2 Geologic Hazards. "310.2.1. No building or grading permit shall be issued under the provisions of this section when the city engineer finds that property outside the site of the proposed work could be damaged by activation or acceleration of a geologically hazardous condition and such activation or acceleration could be attributed to the proposed work on, or, change in use of, the site for which the permit is requested. For the purpose of this section, geologically hazardous condition does not include surface displacement due to earthquake faults. "310.2.2. Work requiring a building or grading permit by this code is not permitted in an area determined by the city engineer to be subject to hazard from landslide, settlement, or slippage. These hazards include those from loose debris, slopewash and the 8 potential for mud flows from natural slopes or graded slopes. For the purposes of this section, landslide, settlement, or slippage does not include surface displacement due to earthquake faults. "310.2.3. Subject to the conditions of subsection 310.2.1 of this section, permits may be issued in the following cases: a. When the applicant has submitted an engineering geology and/or geotechnical engineering report or reports complying with the policies and provisions of city engineer which report or reports show that the hazard will be eliminated prior to the use or occupancy of the land or structures by modification of topography, reduction of subsurface water, buttressing, a combination of these methods, or by other means. b. When the applicant has submitted an engineering geology and/ geotechnical engineering report or reports complying with the policies and provisions of the city engineer which report or reports contain sufficient data to show that the site appears to be in no danger for the intended use. Section 311 - Added "Section 311 hereby is added to Chapter 3 of the Uniform Administrative Code by addition of a new section to read, in words and figures, as follows: "Section 311. Geology and Engineering Reports. The Building Official, or the city engineer in the case of an application for a grading permit, may require an engineering geology or geotechnical engineering report, or both, where in his opinion such reports are essential for the evaluation of the safety of the site. The engineering geology or geotechnical engineering report or both shall contain a finding regarding the safety of the building site for the proposed structure against hazard from landslide, settlement or slippage and a finding regarding the effect that the proposed building or grading construction will have on the geologic stability of property outside of the building site. Any engineering geology report shall be prepared by a certified engineering geologist licensed by the State of California. Any geotechnical engineering report shall be prepared by a civil engineer qualified to perform this work, such as a geotechnical engineer experienced in soil mechanics. When both an engineering geology and geotechnical engineering report are required for the evaluation of the safety of a building site, the two reports shall be coordinated before submission to the Building Official or city engineer. Any finding regarding the safety of the building site and the effect that the proposed building or grading construction will have on the geologic stability of property outside of the building site must be substantiated with sufficient data and analyzed in a manner consistent with the current industry standard of care and must be concurred with by the city engineer who may rely on the opinion of independent geotechnical reviewers. Section 312 - Added "Section 312 hereby is added to Chapter 3 of the Uniform Administrative Code by addition of a new section to read, in words and figures, as follows: D "Section 312 Earthquake Fault Maps. Special studies zones maps within the City of Diamond Bar prepared under sections 2622 and 2623 of the California Public Resources Code which show traces of earthquake faults are hereby declared to be, on the date of official issue, a part of this code, and may be referred elsewhere in this code. Special studies zones maps revised under the above sections of the California Public Resources Code sha11, on the date of their official issue, supersede previously issued maps which they replace. Copies of each of the above maps shall be available for examination by the public at the Department of Public Works, Department of Community Development and the Office of the City Clerk. Tables Deleted - Fees Established. "Tables No. 3-A, 3-B, 3-C, 3-D, 3-E, 3-F, 3-G, and 3-H of the Uniform Administrative Code hereby are deleted in their entirety. All fees required shall be established by resolution of the City Council which may, from time to time, amend the fees prescribed by such resolution. " "15.00.130 Penalties for Violation of Division "It shall be unlawful for any person, firm, partnership, or corporation to violate any provision, or to fail to comply with any of the requirements, of this Division.. Any person, firm, partnership, or corporation violating any provision of this Division or failing to comply with their requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine- not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months or by both such fine and imprisonment. Each such person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Division or the Codes adopted hereby is committed, continued or permitted by such person, firm, partnership, or corporation, and shall be deemed punishable therefor as provided in this Division. Section 4: Amending Division 3 of Title 15 of the Diamond Bar City Code to read, in words and figures, as follows: DIVISION 3. BUILDING CODE "Sections: "15.00.310 Uniform Building Code - Adopted. 15.00.320 Code Amendments Chapters 1,2 and 3 - Deleted. Section 1806.10 - Added. Section 1503 - Amended. 10 Section 1504 - Amended. Table No. 15-A - Amended. Section 904.2.2 - Amended. Section 3308 - Amended Section 3306 - Amended Section 3307 - Amended Section 3307.1 - Added Section 3307.2 - Added Section 3307.3 - Added Section 3309.1 - Amended Section 3309.2 - Amended Section 3309.3 - Amended Section 3309.9 - Amended Section 3309.10 - Added Section 3309.11 - Added Section 3310 (Appendix) - Amended. Section 3315 - Amended Section 3315.6 - Added Section 3316 - Amended Section 3316.3 - Added Section 3316.4 - Added Tables 33-A and 33-B (Appendix) - Deleted. "15.00.330 Penalties - Added. "15.00.310 Uniform Building Code - Adopted. "Except as hereinafter provided, the Uniform Building Code, 1994 Edition, and the appendices thereto prepared by the International Conference of Building Officials, is hereby adopted by reference and incorporated herein as though fully set forth herein and shall constitute the Building Code of the City. A copy of such Code has been deposited in the office of the City Clerk and shall be, at all times, maintained by the City Clerk for use and examination by the public. In the event of any conflict between a provision of the Uniform Building Code and a provision applicable of cities of the Uniform Building Code as contained in Part 2 of Title 24 of the California Code of Regulations, the provision of the Uniform Building Code shall prevail. "15.00.320 Code Amendments Chapters 1, 2 and 3 - Deleted. "Chapters 1, 2 and 3 of the Uniform Building Code hereby are deleted, in their entirety. All administrative, permitting and related requirements of said Chapters 1, 2, and 3 of the Uniform Building Code shall be governed by Division 2 of this Title. 11 Section 1806.10 - Added. "Section 1806.10 of the Uniform Building Code is hereby added to read, in words and figures, as follows: "Section 1806.10. Foundations on Expansive Soil. Foundation systems on expansive soil shall be constructed in a manner that will minimize damage to the structure from movement of the soil. Slab -on -grad and mat -type footings for buildings located on expansive soils may be designed in accordance with the provisions of Division III or such other engineering design based upon geotechnical recommendation as approved by the building official. For residential -type buildings, where such an approved method of construction is not provided, foundations and floor slabs shall comply with the following .requirements: " 1. Depth of foundations below the natural and finish grades shall be not less that 24 inches for exterior and 18 inches for interior foundations. "2. Exterior walls and interior bearing walls shall be supported on continuous foundation. "3. Foundations shall be reinforced with at least two continuous one -half-inch diameter deformed reinforcing bars. One bar shall be placed within four inches of the bottom of the foundation and one within four inches of the top of the foundation. "4. Concrete floor slabs on grade shall be cast on a four -inch fill of coarse aggregate or on a moisture barrier membrane. The slabs shall be at least three and one-half inches thick and shall be reinforced with welded wire mesh or deformed reinforcing bars. Welded wire mesh shall have a cross-sectional area of not less than five -hundredths square inch per foot each way. Reinforcing bars shall have a diameter of not less that three -eights inch and be spaced at intervals not exceeding 24 inches each way. "5. The soil below an interior concrete slab shall be saturated with moisture to a depth of 18 inches prior to casting the concrete. Section 1503 - Amended "Section 1503 of the Uniform Building Code as heretofore adopted, hereby is amended to read, in words and figures, as follows: "Roof Covering Requirements. "Section 1503. The roof covering or roofing assembly on any structure regulated by this code shall as specified in Table 15-A and as classified in Section 1504. Noncombustible roof covering as defined in Section 1504.2 may be applied in accordance with the manufacturer's requirements in lieu of a fire -retardant roofing assembly. Roofing shall be secured or fastened to the supporting roof construction and shall provide weather protection for the building at the roof. , 12 "Roof Coverings Within Fire Zones. "Unless governed by more stringent requirements of this law, roofs on all buildings within all areas designated as Fire Zone 4 by the Los Angeles County Fire Protection District, and approved by the City Council, shall have at least a Class A roof covering. "1. Section 1503 is applicable to new buildings and to existing buildings when twenty-five percent (25 %) or more of the roof area is reroofed within a one-year period after issuance of a building permit. "2. Section 1503 is not applicable to existing buildings under the operation of a license or which owners have made applicable for licensure issued by the California Department of Social Services or the California Department of Health Service. "EXCEPTION: Existing buildings that have twenty-five percent (25 %) or more of the roof area reroofed within a one-year period after the issuance of the building permit or after commencing construction, are required to be fire retardant by other provisions of this code. "3. The installer of the roof covering shall provide certification of the roof covering classification to the building owner and, when requested, to the inspection authority having jurisdiction." Section 1504 - Amended. "Section 1504 of the Uniform Building Code, hereby is amended by the addition of subparagraph 1504.4 thereof and the addition of a new subparagraph 1504.4 to read, in words and figures, as follows: "1504.4 EXCEPTION: Except as required within Section 1503 of the Uniform Building Code, as adopted by the City Council of the City of Diamond Bar, and notwithstanding any other provision of this Code, any existing roof covering not in conformity with this Section may be repaired by the use of similar non -conforming roof covering materials where the repair thereof does not exceed twenty-five percent (25 %) of the existing gross roof area; provided, however, that the twenty-five percent (25%) exception provided hereunder may be utilized only once in any twelve (12) month period time. " Table No. 15-A - Amended. "Table No. 15-A - Minimum Roof Classes of the Uniform Building Code, as heretofore adopted by this Council, hereby is amended by deleting therefrom any and all references to "NR - Nonrated roof coverings" and substituting therefor "C - Class C roofing. " 13 Section 904.2.2 - Added. "Section 904.2.2 of the Uniform Building Code hereby is amended by the addition of a new subsection (6) to read, in words and figures, as follows: "Section 904.2.2. In buildings over three stories in height, provided, however, the respective increase in area and in height specified in Sections 505 and 506, and the substitution for one-hour fire -resistive construction specified in Section 508 shall be permitted. For the purposes of this subsection the Building Official may consider a basement as a story where the basement would have originally been considered a story except for fill being placed against the building. In making this determination the Building Official shall consult with the fire department. Section 3308 - Amended "Section 3308 of Chapter 33 (Appendix) of the Uniform Building Code hereby is amended by addition to and modification of definitions therein to read, in words and figures, as follows: "BUILDING OFFICIAL. Whenever in Chapter 33 (Appendix) the term "building official" is used, said term shall mean, and all powers and duties to be exercised by the building official shall be vested in, the city engineer of the City of Diamond Bar. "ENGINEERING GEOLOGIST shall mean a person experienced and knowledgeable in engineering geology and holding a valid certificate of registration as a geologist issued by the State of California. "LANDSCAPE ARCHITECT shall mean a person holding a valid certificate of registration as a landscape architect issued by the State of California. "SOILS ENGINEER (GEOTECHNICAL ENGINEER) shall mean a civil engineer experienced and knowledgeable in the practice of soils (geotechnical) engineering and holding a valid certificate of registration as a soil (geotechnical) engineer issued by the State of California. Recommend the following be included in the proposed ordinance as it amends Chapter 33 (Appendix) of the Uniform Building Code: Section 3306 - Amended Section 3306.3 - Added "Section 3306.3 hereby is amended by adding subsection 3306.3, 3306.3a and 3306.3b of Chapter 33 (Appendix) of the Uniform Building Code by addition of a new subsection to read, in words and figures, as follows: "Section 3306.3 Other Permits Required and Jurisdiction of Other Agencies. 14 "Section 3306.3.a Other Permits Required. Permits issued under provisions of this Chapter 33 (Appendix) convey no right to erect any foundation, structure or building, or construct any swimming pool, spa or hot tub, or do any plumbing work, or do any electrical work. Regular foundation, structure or building; swimming pool, spa or hot tub; plumbing; electrical or other permits shall be secured for all such work. "Section 3306.3.b Jurisdiction of Other Agencies. Permits issued under provisions of this Chapter 33 (Appendix) shall not relieve the owner of the responsibility for securing permits, licenses or -approvals that may be required from other departments or divisions of the governing agencies. Section 3307 - Amended "Section 3307 of Chapter 33 (Appendix) of the Uniform Building Code hereby is amended by adding subsection 3307.1, 3307.2, and 3307.3 to read, in words and figures, as follows: Section 3307.1 - Added "Section 3307.1. Hazardous Conditions. Whenever the city engineer determines that any existing excavation, embankment or fill has become a hazard to life and limb, or endangers structures, or adversely affects the safety, use or stability of a public way or drainage channel, the owner of the property upon which the excavation, embankment or fill is located, or other person or agent in control of said property, upon receipt of notice in writing from the city engineer shall within the period specified therein repair, reconstruct or remove such excavation, embankment or fill so as to eliminate the hazard. Section 3307.2 - Added "Section 3307.2. Maintenance of Protective Devices and Rodent Control. The owner of any property on which grading has been performed pursuant to a permit issued under the provisions of this code, or any other person or agent in control of such property, shall maintain in good condition and repair all drainage structures and other protective devices and burrowing rodent control when shown on the grading plans filed with the application for grading permit and approved as a condition precedent to issuance of such permit. Section 3307.3 - Added "Section 3307.3. Correlation With Other Sections. The provisions of this section are independent of the provisions of Division 9, Building and Property Rehabilitation Code of Title 15 of the Diamond Bar City Code. Section 3309 - Amended 15 Section 3309.1 - Amended "Section 3309.1 of Chapter 33 (Appendix) of the Uniform Building Code hereby is amended to read, in words and figures, as follows: "Section 3309.1. Permits Required. Except as exempted in Section 3306 of this Chapter 33 (Appendix), no person shall do any grading without first obtaining a grading permit from the city engineer. A separate permit shall be required for each site, and may cover both excavations and fills, except that a grading permit may be issued for a site to include incidental minor work outside the site on contiguous property, provided that the owner of such contiguous property has filed with the city engineer written consent to the work. Such consent shall include a statement that the owner will irrigate and maintain planted slopes and maintain drains located within his property and the .owner will hold the City of Diamond Bar free and clear of any liability for damages do to the proposed work. Section 3309.2 - Amended "Section 3309.2 of Chapter 33 (Appendix) of the Uniform Building Code hereby is amended to read, in words and figures, as follows: "Section 3309.2. Application. The provisions of Section 302 of the Uniform Administrative Code, as duly adopted, are applicable to grading and in addition the application shall state the estimated quantities of work involved. Section 3309.3 - Amended "Section 3309.3 of Chapter 33 (Appendix) of the Uniform Building Code hereby is amended to read, in words and figures, as follows: "Section 3309.3. Grading Designation. Grading involving any fill intended to support structures, or grading for the development of more than one lot or parcel, or grading in excess of 1.000 cubic yards, or grading which includes excavation or fill in excess of 5 feet in depth or height shall be performed in accordance with the approved grading plan prepared by a civil engineer, and shall be designated as "engineered grading". All other grading shall be designated as "regular grading" unless the permittee chooses to have the grading performed as "engineered grading" or unless the city engineer determines that special conditions or unusual hazards exist, in which case grading shall be designated as and conform to the requirements of "engineered grading". Section 3309.9 - Amended "Section 3309.9 of Chapter 33 (Appendix) of the Uniform Building Code hereby is amended to read, in words and figures, as follows: "Section 3309.9. Issuance. The provisions of Section 303 of the Uniform Administrative Code, as duly adopted, are applicable to grading permits. The city engineer may require that grading operations and project designs be modified if delays occur which incur 16 weather -generated problems not considered at the time the permit was issued. The city engineer may require professional inspection and testing by the soils engineer. When the city engineer has cause to believe that geologic factors may be involved, the grading will be required to conform to engineered grading. Section 3309.10 - Added Section 3309.10 hereby is added to Section 3309 of Chapter 33 (Appendix) of the Uniform Building Code by addition of a new subsection to 3309.10a, and 3309.10b read, in words and figures, as follows: "Section 3309.10 Denial of Permit. "Section 3309.10.a. Flood and Geologic Hazards. The city engineer shall not issue a grading permit in any case where he finds that the work, as proposed by the applicant, is likely to adversely affect the stability of adjoining property or result in the deposition of debris on any public way or interfere with any existing drainage course or be in any area determined to be subject to flood or geologic hazard under provisions of Chapter 3 of the Uniform Administrative Code, as duly adopted and amended. EXCEPTION 1: This prohibition shall not apply when provision is made to eliminate such flood or geologic hazard to the satisfaction of the city engineer under the provisions of Section 310, Chapter 3 of the Uniform Administrative Code, as duly adopted and amended. EXCEPTION 2: This prohibition shall not apply when grading work in an existing drainage course is designed to meet all requirements for grading in drainage courses under the City's Hillside Management Ordinance and provision is made to the satisfaction of the city engineer to adequately collect, convey and discharge flows through the project without increasing erosion or deposition of debris or adversely affecting upstream or downstream properties. "Section 3309.10.b. Land Use. The city engineer shall not issue a grading permit for any work on the site unless the proposed uses shown on the grading plan for the site will comply with the provisions of the Zoning Code Ordinance of the City of Diamond Bar. Section 3309.11 - Added Section 3309.11 hereby is added to Section 3309 of Chapter 33 (Appendix) of the Uniform Building Code by addition of a new subsection 3309.1 la and 3309.1 lb to read, in words and figures, as follows: Section 3309.11. Import and Export of Earth Materials in Excess of 10, 000 Cubic Yards. "Section 3309.1 La. Transport Over Public Maintained Streets. In addition to other provisions of this code, the following requirements shall apply when earth materials in 17 excess of 10,000 cubic yards are to be exported from or imported to a grading site by transporting such materials over a publicly maintained street. 1. The point of access to the public street shall be located as approved by the city engineer. 2. Special safety precautions, including, but not limited to, the access road approach grade and alignment to the public street, sight distance at the intersection with the public street and traffic control devices may be required by the city engineer. "Section 3309.1 Lb Zoning Ordinance Compliance. No grading permit shall be issued for the import or export of more than 10,000 cubic yards of earth material to or from a grading site where such work would be classified as an "off-site transport grading project" as defined in Title 22, entitled "Zoning Ordinance", of the County of Los Angeles, as duly adopted by the City of Diamond Bar, unless the project is in conformance with Title 22. Section 3310 (Appendix) - Amended. "Section 3310 of Chapter 33 of the Uniform Building Code Appendix hereby is amended to read, in words and figures, as follows: "Section 3310. Grading Fees. Whenever any permit fees, plan review fees, inspection fees or other fees are required to be paid the same shall be paid in accordance with the procedures and in such amounts as established, and may be amended from time to time, by resolution of the City Council. Section 3315 - Amended Section 3315.6 - Added "Section 3315.6 hereby is amended by adding subsection 3315.6 of Chapter 33 (Appendix) of the Uniform Building Code by addition of a new subsection to read, in words and figures, as follows: "Section 3315.6. Overflow Protection. Berms, swales or other devices shall be provided at the top of cut or fill slopes steeper than five horizontal to one vertical to prevent surface waters from overflowing onto and damaging the face of the slope. Gutters or other special drainage controls shall be provided where the proximity of runoff from buildings or other structures is such as to pose a potential hazard to slope integrity. Section 3316 - Amended Section 3316.3 - Added "Section 3316.3 hereby is amended by adding subsection 3316.3, and 3316.4 of Chapter 33 (Appendix) of the Uniform Building Code by addition of a new subsection to read, in words and figures, as follows: "3316.3. Temporary Erosion Control Precautions. Grading operations shall be planned to avoid the rainy season, October 15 and April 15. Grading permits shall only be issued when a plan for erosion control and silt retention has been approved by the city engineer. "3316.3a. The city engineer shall not issue a grading permit for any work to be commenced between October 1 of any year and April 15 of the following calendar year, unless detail plans for such work include the details of protective measures, including desilting basins or other temporary drainage control measures, or both, as may be necessary to protect the adjoining public and private property from damage by erosion, flooding or deposition -of debris which may originate from the site or result from such grading operations. If grading is begun prior to October 15, all protective measures shall be installed prior to October 15. If grading is begun on or after October 15, all protective measures shall be installed before grading is begun. All protective measures shall be maintained in good working order until April 15 of the succeeding year, where grading is done between October 15 and December 31, or until April 15 of the same year when grading is done between January 1 and April 15, unless their removal at an earlier date is agreed to by the city engineer. "3316.3b. Where a grading permit is issued and grading work commenced after April 15 and before October 1 of any year and the plans for such work do not include details of the protective measures described in section 3316.3.a, and it appears that the grading and installation of the permanent drainage devices as authorized by the permit will not be completed by October 15, then, on or before October 1 the owner of the site on which the grading is being performed shall file or cause to be filed with the city engineer revised detail plans which include details of the protective measures described in, and in all other respects follow, the provisions of section 3316.3.a. "3316.3c. Effect of Noncompliance. Should the owner fail to submit detail plans or lI to provide the protective measures required by sections 3316.3.a and 3316.3.b by the dates specified therein, it shall be deemed that a default has occurred under the conditions of the grading permit security. Thereupon the city engineer may enter the property for the purpose of installing, by city forces or other means, the drainage and erosion control devices shown on the approved detail plans, or if there are no approved detail plans, as may be deemed necessary to protect adjoining property from storm damage, or the city engineer may cause the owner of the site to be prosecuted as a violator of this code, or he may take both actions. Section 3316.4 - Added "Section 3316.4 hereby is added to Section 3316 of Chapter 33 (Appendix) of the Uniform Building Code by addition of a new subsection to read, in words and figures, as follows: "Section 3316.4 Permanent Erosion Control. "Section 3316.4.a. Planting and Irrigation. The surface of all manufactured slopes shall 19 be protected against damage by erosion by the installation of a permanent irrigation system and planting with ground cover, shrubs and/or trees which provide satisfactory long term erosion control. Planting and plant materials shall be specified and installed in accordance with the Hillside Management Ordinance of the City of Diamond Bar. The irrigation system shall provide adequate coverage and the proper application rate to maintain the appropriate moisture for the establishment and proper growth of the plantings installed, but the irrigation shall not saturate the slopes or cause erosion. "Section 3316.4.b. Planting and Irrigation Plans and Specifications. For grading which includes cut slopes more than 5 feet in height; or fill slopes supporting structures or more than 3 feet in height; or natural slopes disturbed more than 10 feet in surficial extent by the grading operations planting and irrigation plans and specifications shall be submitted for approval of the city engineer. For all manufactured slopes more than 20 feet in height or natural slopes disturbed more than 20 feet in surficial extent by grading operations plans shall be prepared and signed by a civil engineer or landscape architect. "Section 3316.4.c. Rodent Control. All manufactured slopes steeper than four horizontal to one vertical within a grading project adjacent to undeveloped or unoccupied land shall be protected from potential slope damage by a preventative program of burrowing rodent control. "Section 3316.4.d. Release of Security. The planting and irrigation systems required by this section shall be installed as soon as practical after rough grading. Prior to final approval of grading and before the release of grading security, the planting shall be well established and growing on the slopes and, where required by subsection 3316.4.c, there shall be evidence of an effective rodent control program. Tables 33-A and 33-B (Appendix) - Deleted "Tables No. 33-A and 33-B hereby are deleted from Chapter 33 of the Uniform Building Code Appendix in their entirety." "15.00.330 Penalties for Violation of Division "It shall be unlawful for any person, firm, partnership, or corporation to violate any provision, or to fail to comply with any of the requirements, of this Division. Any person, firm, partnership, or corporation violating any provision of this Division or failing to comply with their requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months or by both such fine and imprisonment. Each such person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Division or the Codes adopted hereby is committed, continued or permitted by such person, firm, partnership, or corporation, and shall be deemed punishable therefor as provided in this Division. 20 Section 5: Amending Division 4 of Title 15 of the Diamond Bar City Code to read, in words and figures, as follows: DIVISION 4. MECHANICAL CODE "Sections: "15.00.510 Uniform Mechanical Code - Adopted. " 15.00.520 Amendments " 15.00.530 Penalties - Added. 1115.00.510 ,Mechanical Code - Adopted. "Except as hereinafter provided, the 1997 Uniform Mechanical Code and the Appendix thereto, published by the International Conference of Building Officials, is hereby adopted by reference and incorporated herein as though fully set forth herein and shall constitute the Mechanical Code of the City. A copy of such Code has been deposited in the office of the City Clerk and shall be, at all times, maintained by the Clerk for use and examination by the public. In the event of any conflict between a provision of the Uniform Mechanical Code and a provision applicable to cities of the Uniform Mechanical Code as contained in Part 4 of Title 24 of the California Code of Regulations, the provision of the Uniform Mechanical Code shall prevail. 1115.00.520 Amendments Chapters 1,2, and 3 - Deleted. "Chapters 1, 2 and 3 of the Uniform Mechanical Code hereby are deleted, in their entirety. All administrative, permitting and related requirements of said Chapters 1, 2 and 3 of the Uniform Mechanical Code shall be governed by Administrative Division Il. 1115.00.530 Penalties for Violation of Division It shall be unlawful for any person, firm, partnership, or corporation to violate any provision, or to fail to comply with any of the requirements, of this Division. Any person, firm, partnership, or corporation violating any provision of this Division or failing to comply with their requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months or by both such fine and imprisonment. Each such person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Division or the Codes adopted hereby is committed, continued or permitted by such person, firm, partnership, or corporation, and shall be deemed punishable therefor as provided in this Division. 21 Section 6: Amending Division 5 of Title 15 of the Diamond Bar City Code to read, in words and figures, as follows: DIVISION 5. PLUMBING CODE "Sections: "15.00.710 Uniform Plumbing Code - Adopted. "15.00.720 Amendments Section 10, 20 and 30 - Deleted. Section 318.0 - Added. Section 722.6 - Added. "15.00.730 Penalties - Added. "15.00.710 Uniform Plumbing Code - Adopted. "Except as hereinafter provided, the 1997 Edition of the Uniform Plumbing Code and the appendices thereto, published by the International Conference .of Building Officials, is hereby adopted by reference and incorporated herein as though fully set forth herein and shall constitute the Plumbing Code of the City. A copy of such Code has been deposited in the office of the City Clerk and shall be, at all times maintained by the City Clerk for use and examination by the public. In the event of any conflict between the provision of the Uniform Plumbing Code and a0 provision applicable to cities of the Uniform Plumbing Code as contained in Part 5 of Title 24 of the California Code of Regulations, the provision of the Uniform Plumbing Code shall prevail. "15.00.720 Amendments Sections 10, 20 and 30 - Deleted. "Sections 10, 20, and 30 of the Uniform Plumbing Code hereby are deleted, in their entirety. All administrative, permitting and related requirements of said Sections 10, 20 and 30 of the Uniform Plumbing Code shall be governed by Chapter 15.10 of this Title. Section 318.0 - Added. "Section 318.0 of the Uniform Plumbing Code hereby is added to read, in words, and figures, as follows: "Section 318.0 All new structures shall be equipped with an additional main for 22 future use of reclaimed water for landscape irrigation systems". Section 722.6 - Added. "A new subsection 722.6 hereby is added to Section 722 of the Uniform Plumbing Code to read, in words and figures, as follows: Subsection 722.6 No such excavation shall be left unattended at any time unless the permittee shall have first provided a suitable and adequate barricade to assure public safety". "15.00.730 Penalties for Violation of Division It shall be unlawful for any person, firm, partnership, or corporation to violate any provision, or to fail to comply with any of the requirements, of this Division. Any person, firm, partnership, or corporation violating any provision of this Division or failing to comply with their requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months or by both such fine and imprisonment. Each such person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Division or the Codes adopted hereby is committed, continued or permitted by such person, firm, partnership, or corporation, and shall be deemed punishable therefor as provided in this Division. Section 7• Amending Division 6 of Title 15 of the Diamond Bar City Code to read, in words and figures, as follows: DIVISION 6. ELECTRICAL CODE "Sections : "15-00-910 National Electrical Code - Adopted. "15.00.920 Amendments Sections 90-1 through 90-8 - Deleted. Section 110-14 - Amended. Section 336-3 - Amended. Section 336-4 - Amended. Table No.300.5 - Amended. "15.00.930 Penalties - Added. 23 "15.00.910 National Electrical Code - Adopted. "Except as hereinafter provided, the 1997 Edition of the National Electrical Code, including the appendices thereto, published by the National Fire Protection Association, is hereby adopted by reference with the same force and effect as though set forth herein in full and shall constitute the Electrical Code of the City. A copy of such Code has been deposited in the office of the City Clerk and shall be, at all times, maintained by the Clerk for use and examination by the public. In the event of any conflict between a provision of the National Electrical Code and a provision applicable to cities of the National Electrical Code as contained in Part 3 of Title 24 of the California Code of Regulations, the provision of the National Electrical Code shall prevail. "15.00.920 Sections 90-1 through 90-19 - Deleted. "Sections 90-1 through 90-9, inclusive, of Article 90 of the National Electrical Code hereby are deleted, in their entirety. All administrative, permitting and related requirements of said Sections 90-1 through 90-9, inclusive, of the National Electrical Code shall be governed by Chapter 15.10 of this Title. Section 110-14 - Amended. "Section 110-14 of the National Electrical Code, 1997 Edition, allowing the use of aluminum conductors shall be amended to read that no aluminum conductor smaller than No. 4AWG shall be used. Whenever any aluminum is utilized as herein permitted, the applicant shall be required to obtain, at applicant's expense, a separate Certificate of Inspection from a special inspector authorized by law to provide such inspections; no certificate of inspection shall be issued until after the on-site inspection. Section 336-3 - Amended. "Section 336.4 of the National Electrical Code, 1997 Edition, is hereby amended to read, in words and figures as follows: "Section 3364(a) Type NM. Type NM Cable shall be permitted for concealed work in normally dry location. It shall be permissible to install or fish type NM cable in air voids in masonry block or tile walls where such walls are not exposed or subject to excessive moisture or dampness. "Section 336-3(b) Type MNC. Type NMC cable shall be permitted: (1) for concealed work in dry, moist, damp, or corrosive locations; (2) in outside and inside walls of masonry block or tile; (3) in a shallow chase in masonry, concrete, or adobe protected against nails or screws by a steel plate at lease 1/16 inch (1.59 mm) thick and covered with plaster, adobe, or similar finish. Section 3364(a) - Amended. "Section 336-4(a) of the National Electrical Code, 1997 Edition, is hereby 24 amended to read, in words and figures as follows: "Section 3364(a) Type NM or NMC. Types NM and NMC cables shall not be used: (1) in any dwelling or structure exceeding three floors above grade; (2) as service - entrance cable; (3) in commercial and industrial buildings. For the purpose of this article, the first floor of a building shall be that floor that has fifty percent or more of the exterior wall surface area level with or above finished grade. One additional level that is the first level and not designed for human habitation and used only for vehicle parking, storage, or similar use shall be permitted. Section Table No. 300.5 - Amended. "Table No. 300-5 of said National Electrical Code, 1997 Edition is hereby amended to read, in words and figures, as follows: "15.00.930 Penalties for Violation of Division It shall be unlawful for any person, firm, partnership, or corporation to violate any provision, or to fail to comply with any of the requirements, of this Division. Any person, firm, partnership, or corporation violating any provision of this Division or failing to comply with their requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months or by both such fine and imprisonment. Each such person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Division or the Codes adopted hereby is committed, continued or permitted by such person, firm, partnership, or corporation, and shall be deemed punishable therefor as provided in this Division. Section 8: "Amending Division 7 of Title 15 of the Diamond Bar City Code to read, in words and figures, as follows: DIVISION 7. UNIFORM HOUSING CODE "Sections: "15.00.1110 Uniform Housing Code- Adopted 15.00.1120 Amendments Chapters 1, 2 and 3 - Deleted 15.00.1130 Penalties - Added "15.00.1110 Uniform Housing Code- Adopted 25 "The "Uniform Housing Code", 1997 Edition, hereby is adopted in its entirety as the Housing Code of the City of Diamond Bar, together with the amendments, additions, deletions and exceptions set forth in this Division. "15.00.1120 Amendmentq. Chapters 1, 2, and 3 - Deleted. "Chapters 1, 2, and 3 of the Uniform Housing Code hereby are deleted, in their, entirety. All administrative, permitting and related requirements of said Chapters 1, 2 and 3 of the Uniform Housing Code shall be governed this Division. 1115.00.1130 Penalties for Violation of Division It shall be unlawful for any person, firm, partnership, or corporation to. violate any provision, or to fail to comply with any of the requirements, of this Division. Any person, firm, partnership, or corporation violating any provision of this Division or failing to comply with their requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months or by both such fine and imprisonment. Each such person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Division or the Codes adopted hereby is committed, continued or permitted by such person, firm, partnership, or corporation, and shall be deemed punishable therefor as provided in this Division. Section 9: "Amending Division 8 of Title 15 of the Diamond Bar City Code to read, in words and figures, as follows: DIVISION 8. UNIFORM SWIMMING POOL AND SPA AND HOT TUB CODE "Sections: "15.00.1310 Uniform Swimming Pool Spa and Hot Tub Code -Adopted. 15.00.1320 Part 1 - Deleted. " 15.00.1330 Penalties - Added. 26 "15.00.1310 Uniform Swimming Pool, Spa and Hot Tub Code - Adopted "The "Uniform Swimming Pool, Spa and Hot Tub Code", 1997 Edition, hereby is adopted in its entirety as the Swimming Pool, Spa and Hot Tub Code of the City of Diamond Bar, together with the amendments, additions, deletions and exceptions set forth in this Division. "15.00.1320 Part 1 - Deleted. "Part 1 of the Uniform Swimming Pool, Spa and Hot Tub Code hereby is deleted, in its entirety. All administrative, permitting and related requirements of said Part 1 of the Uniform Swimming Pool, Spa and Hot Tub Code shall be governed by Division 2. "15.00.1330 Penalties for Violation of Division It shall be unlawful for any person, firm, partnership, or corporation to violate any provision, or to fail to comply with any of the requirements, of this Division. Any person, firm, partnership, or corporation violating any provision of this Division or failing to comply with their requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months or by both such fine and imprisonment. Each such person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Division or the Codes adopted hereby is committed, continued or permitted by such person, firm, partnership, or corporation, and shall be deemed punishable therefor as provided in this Division. Appendix 1 of the Building Conservation Code: Adopted "Except as hereinafter provided, Appendix 1 of the 1997 Uniform Code for Building Conservation, published by the International Conference of Building Officials, is hereby adopted by reference and incorporated herein as though fully set forth herein and shall constitute Appendix 1 of the Building Conservation Code of the City. A copy of such Appendix has been deposited in the of the City Clerk and shall be at all times, maintained by the City Clerk for use and examination by the public. In the event of any conflict between a provision applicable to cities of the Appendix 1 of the Building Conservation Code and a provision of the California Building Conservation Code as contained in Part 10 of Title 24 of the California Code of Regulations, the provision of the California Building Conservation Code shall prevail. 27 "15.00.1530 Penalties for Violation of Division It shall be unlawful for any person, firm, partnership, or corporation to violate any provision, or to fail to comply with any of the requirements, of this Division. Any person, firm, partnership, or corporation violating any provision of this Division or failing to comply with their requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months or by both such fine and imprisonment. Each such person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Division or the Codes adopted hereby is committed, continued or permitted by such person, firm, partnership, or corporation, and shall be deemed punishable therefor as provided in this Division. Section 10. The modifications to the Building Code that have been enacted are merely a continuation of the Uniform Building Code, and all of the changes and modifications to the Building Code, whether previously enacted or enacted in this ordinance, are reasonably necessary because of local climate, characterized by hot, dry summers, followed by strong Santa Ana winds and heavy winter rains, the location in Southern California, and the relataively (flat) (hilly) topography of the City as more particularly set forth in Resolution No. Section 11. The numbering of the 1997 editions of the Uniform Building Code, the Uniform Mechanical Code and the Uniform Plumbing Code has been completely revised from earlier editions. All references to the Uniform Building Code and the Uniform Mechanical Code in the Articles of the Code- which are not amended by this or a subsequently enacted ordinance shall refer instead to the appropriate section or sections of the 1997 Uniform Building Code or the Uniform Mechanical Code as determined by the 1994/1997 Cross -Reference Directory to the Uniform Building Code and the Uniform Mechanical Code, published by the International Conference of Building Officials. All references to the Plumbing Code in sections of the Diamond Bar City Code which have not been amended by this or a subsequently enacted ordinance shall refer instead to the appropriate section or sections of the 1997 Plumbing Code as determined by the Format Comparison Chart located at the beginning of the 1997 Plumbing Code. Section 12. State law requires that localities adopt the Uniform Building Codes and any modifications thereto, by July 1, 1999. It is essential that the City have in effect on that date a building code that comports with state law and contains those modifications necessitated by unique geographic, geologic and climatic conditions. In the absence of immediate effectiveness, the provisions of the building code unique to the City's special circumstances will not be in place and this will have a detrimental effect on the public health, safety and welfare. The modifications to the Uniform Building Code contain vital provisions regarding administrative procedures, roofing materials, sprinkling requirements, and other similar matters necessitated by the City's exposure to Santa Ana winds and its limited rainfall in summer and fall months. For these reasons, the public health, safety and welfare require that this ordinance take effect immediately. This is an urgency ordinance. 28 Section 13. This ordinance shall be effective upon adoption and shall become operative on July 1, 1999. PASSED, ADOPTED AND APPROVED this _ day of , 1999. Mayor I, LYNDA BURGESS, City,Clerk of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the 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: ATTEST: 29 City Clerk City of Diamond Bar ARTICLE 300 — WIRING METHODS 70-59 Table 300-S. Minimum Cover Rectutromems, 0 to 600 Volts, Nominal, Burial in Inches (Cover is defined as the shortest OMWtee measured between a point on the by surface of any direct buried conductor, cable, conduit, or other raceway and the top surfs" of finished grade, concrete, or similar cover.) In Trench Below 2 -in. Type of Wiring Method or Circuit Thick Concrete or Equivalent 4 S 6 Under a Building 0 (In J Residential Branch Circuits for Control Raceway (In In Nonmetallic Circuits Rated of Irrigation and Raccwav 2 Raceways 220 Vons or less Landscape Ugnting Rigid Metal Usted for Direct Bursal with GFCI Protection Unfilledto Not More than 30 Volts and Location of t Dlrtset Burial Conduit or Intel Is" without Concrete Encasement or and Maximum owreurrem Installed with Type Wm Method er ClreWl Cables or Conductors Metal other Approved Protection of OF or in Other Idontlhed Cable Burial) Bursal Underground Installation Conduit Raceways 20 Amperes or Raceway All Locations Not Raceway) Raceway) Under Streets. Highways. Specified Below 24 6 Parking Lots 24 24 24 24 24 18 1: 6 In Trench Below 2 -in. Thick Concrete or Equivalent 18 6 12 6 6 Under a Building 0 (In 0 0 Q 0 Raceway (In In Only) Raceway Raccwav Only) Only) Under Minimum of 4 -in. Thick Concrete Exterior Slab with No Vehicular Traffic and the Slab Extending Not Less than 18 4 4 6 (Direct 6 (Direct 6 1n. Beyond the Burial) Bursal) Burial) Bursal Underground Installation 4 (in 4 Raceway) Raceway) Under Streets. Highways. Roads. Alleys. Driveways. and Parking Lots 24 24 24 24 24 One- and Two -Family Dwelling Driveways and Outdoor Park- ing Areas. and Used Only for Dwelling -Related Pur- poses 24 18 18 12 I8� In or Under Airrppoort Runways. Including Adjacent Areas Where Trespassing Prohibited IS 18 18 18 18 Votc I Fur SI units I in at 4 mm. Vote '. Rxev. ass appprwcd for banal only whcrc corxTete encased shall require mnerete crnelope nut less than ? m. thrk. Notc 3. Lesser depot. shell be permmed whcrc ably ane condtrtors rue tot tcrmmattom or splices or w here aces a otherwise regtarcd. V rete Where Dire ret Inc wrong method tvp�a listed m rulumns 1 J is E' fur ons of Ne orcun types m columns a end 5. [M shalluwxr depth of banal shall 6e Vote �. Wherc whd rtx'k i. creountcred. all ing down to rock. r mng stall be installa:d permitted. in mcu. or nmmtalbc rxcvay pcnnntetl for d"rett burial. The raecwa�z shall be covered by a minimum of _' m. of conere[e extend• (c) Indoor Wet Locations. In portions of dairies, laun- dnes. canneries, and other indoor wet locations, and in loca- tions where walls are frequently washed or where there are sur. faces of absorbent materials, such as damp paper or wood, the entire wiring system, where installed exposed, including all boxes, fittings, conduits, and cable used therewith. shall be mounted so that there is at least 1/4 -in. (6.35 -mm) airspace berw'een it and the wall or supporting surface. Exception: Nonmetallic raceways, boxes, and futines shall be permitted to be installed without the airspace on a concrete, masonry, tile, or similar surface. (FPN ): In general, areas where acids and alkali chemicals are han- dled and stored may present such corrosive conditions. particularly when wet or damp. Severe corrosive conditions may also be present in portions of meat -packing plants, tanneries. glue houses, and some sta- bles; installations immediately adjacent to a seashore and swimming pool areas; areas where chemical deicers are used; and storage cellars or rooms for hides, casings, fertilizer, sail, and bulk chemicals. 300.7. Raceways Exposed to Different Temperatures. (a) Sealing. Where portions of an interior raceway system are exposed to widely different temperatures, as in refrigerat- ing or cold -storage plants, circulation of air from a w armer to a colder section through the raceway shall be prevented. (b) Expansion Joints. Raceways shall be provided with expansion joints where necessary to compensate for thermal expansion and contraction. (FPN): Table 10 of Chapter 9 provides the expansion information for PVC. A nominal number for steel conduit can be determined by multiplying the expansion length in this table by 0.20. The coefficient of expansion for steel electrical metallic tubing, intermediate metal con- duit, and rigid conduit is 6.50 x 10' (0.0000065 in. per in. of conduit for each °F in temperature change). 300.8. Installation of Conductors with Other Systems. Raceways or cable trays containing electric conductors shall not contain any pipe, tube, or equal for steam, water, air, gas, drainage, or any service other than electrical. 300-9. Grounding Metal Enclosures. Metal raceways, boxes, cabinets, cable armor, and fittings shall be grounded as required in Article 250. 300.10. Electrical CoMinulty of Metal Raceways and Enclo- sures. Metal raceways, cable armor, and other metal enclo- sures for conductors shall be metallically joined together into a continuous electric conductor and shall be so connected to all boxes, fittings, and cabinets as to provide effective electrical continuity. Raceways and cable assemblies shall be mechani- cally secured to boxes, fittings, cabinets, and other enclosures. Exception No. I: As provided in Section 370-17(c) for nonme- tallic boxes. Exception No. 2: As provided in Section 250-33, Exception No. 2 for metal enclosures. 1998 Edition 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 Study Session at 4:00 p.m., in CC -2 and a Regular Meeting at 6:30 p.m., in the AQMD Auditorium, located at 21865 E. Copley Drive, Diamond Bar, California on May 18, 1999. I, Tommye A. Cribbins declare as follows: I am the Deputy City Clerk in the City of Diamond Bar; that a copy of the agenda for the Study Session and Regular Meeting, to be held on May 18, 1999 was posted at their 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 14th day of May, 1999, at Diamond Bar, California. To ye A. Cribbins Deputy City Clerk City of Diamond Bar DIAMOND BAR REDEVELOPMENT AGENCY INTEROFFICE MEMORANDUM TO: Chairman Ansari and Board of Directors FROM: Linda G. Magnusonv,Finance Director SUBJECT: voucher Register, May 181 1999 DATE: May 12, 1999 Register dated May 18,1999 for the Diamond Attached is the voucher 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 attached listing vouchers da±edMay 18, 19 99 havebeen payments are The reviewed` approved, and recommended ," rp_,-_t funds in theseamounts hereby allowed from the f011Owing PREPAID VOUTOTAL � 919^ 98 FUND DESCRIPTION FUND .� 4,919^98 ��` 610 REDEVELOPM�NT AGENCy i10 . ---- 9u +,'�'^'~ REPORT FOR ALL .00 FUNDS Chairman Finance Dirac.tor RobefrtS. HuFf Terrence =^ Vice- Chairman Executive Director