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HomeMy WebLinkAbout03/07/2000,ity Council Agend Tuesday, March 7, 2000 5:00 p.m. — Study Session CC -2 6:00 p.m. — Closed 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 Debby O'Connor Mayor Pro Tem Eileen Ansari Council Member Wen Chang 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 COMMISSION AND COMMITTEE MEETINGS) PUBLIC INPUT The meetings of the Diamond Bar City Council are open to the public. A member of the public may address the Council on the subject of one or more agenda items and/or other items of interest which are within the subject matter jurisdiction of the Diamond Bar City Council. A request to address the Council should be submitted in person to the City Clerk. As a general rule the opportunity for public comments will take place at the discretion of the Chair. However, in order to facilitate the meeting, persons who are interested parties for an item may be requested to give their presedation at the time the item is called on the calendar. The Chair may limit the public input on any item or the total amount of time allocated for public testimony based on the number of people requesting to speak and the business ofthe Council. Individuals are requested to refrain from personal attacks towards Council Members or other citizens. Corranents which are not conducive to a positive busittess meeting environment are viewed as attacks against the entire 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 when a subject matter arises subsequent to the posting of the agenda, upon making certain findings the Council may act on an item that is not on the posted agenda CONDUCT IN THE CITY COUNCIL CHAMBERS The Chair shall order removed from the Council Chambers any person who commits the following acts in respect to a regular or special meeting of the Diamond Bar City Council. A Disorderly behavior toward the Council or any member of the staffthereot; tending to interrupt the due and orderly course of said meeting. B. A breach of the peace, boisterous conduct or violent disturbance, tending to interrupt the due and orderly course of said meeting. C. Disobedience of any lawful order of the Chair, which shall include an order to be seated or to refrain from addressing the Board, and D. Any other unlawful interference with the due and orderly conduct of said meeting. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COUNCIL Agendas for the regular Diamond Bar City Council meetings are prepared by the City Clerk and are available 72 hours prior to the meeting. Agendas are available electronically and may be accessed by a personal computer through a phone modem Every meeting of the City Council is recorded on cassette tapes and duplicate tapes are available for a nominal charge. ADA REQUIREMENTS A cordless microphone is available for those persons with mobility impairments who cannot access the public speaking area. Sign language interpreter services are also available by giving notice at least three business days in advance of the meeting. Please telephone (909) 860-2489 between 8 am and 5 p.m Monday through Friday. HELPFUL PHONE NUMBERS Copies of Agenda, Rules of the Council, Cassette Tapes of Meetings (909) 860-2489 Computer Access to Agendas (909) 860 -LINE General Information (909) 860-2489 NOTE: ACTION MAY BE TAKEN ON ANY ITEM IDENTIFIED ON THE AGENDA. Next Resolution No. 2000-15 Next Ordinance No. 02(2000) STUDY SESSION: 5:00 p.m., AQMD Room CC -2 Cost Benefit Analysis & LAFCO Process regarding Annexation 1. CLOSED SESSION: 6:00 p.m. - Existing Litigation (Subdivision (a) of Section 54956.9. Patel vs. City of Diamond Bar. 2. CALL TO ORDER: PLEDGE OF ALLEGIANCE: Girl Scout Troop 482 INVOCATION: Christian Church 6:30 p.m., March 7, 2000 Presentation of Colors by Jr. Pastor Ab Kastl, Diamond Canyon ROLL CALL: Council Members Chang, Herrera, Huff, Mayor Pro Tem Ansari, Mayor O'Connor APPROVAL OF AGENDA: Mayor 3A. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 3.A.1 Presentation of City Tiles to outgoing Traffic & Transportation, Planning and Parks & Recreation Commissioners 3.A.2 Presentation of Certificates of Recognition to the Diamond Bar High School 1999 Mock Trial Team 3.A.3 Introduction of Lt. Pete Fosselman, L.A. County Sheriff 3.A.4 Introduction of new Recreation Staff 3.A.5 Proclaiming March 20-25, 2000 as "Safe Communities Week" 3.A.6 Proclaiming March, 2000 as "Women's History Month" 3B. CITY MANAGER REPORTS AND RECOMMENDATIONS: 4. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an MARCH 7, 2000 PAGE 2 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 JOINT COUNCIL/WVUSD BOARD MEETING - March 8, 2000 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.2 TRAFFIC & TRANSPORTATION COMMISSION - March 9, 2000 - 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. 5.3 PLANNING COMMISSION - March 14, 2000 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.4 COMMUNITY COORDINATING COMMITTEE - March 20, 2000 - 7:00 p.m., AQMD, Room CC -3, 21865 E. Copley Dr. 5.5 CITY COUNCIL MEETING - March 21, 2000 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.6 DIAMOND BAR COMMUNITY FOUNDATION - March 30, 2000 - 7:00 p.m., AQMD, Room CC -3 and 5, 21865 E. Copley Dr. 5.7 CENSUS DAY - April 1, 2000 - CENSUS TOWN HALL MEETING CABLE BROADCAST DATES (to be announced) 5.8 CITY BIRTHDAY PARTY - April 9, 2000 - Noon - 6:00 p.m., Peterson Park, 24142 E. Sylvan Glen Dr. 6. CONSENT CALENDAR: 6.1 APPROVAL OF MINUTES: 6.1.1 Regular Meeting of February 15, 2000 - Approve as submitted. 6.1.2 Special Meeting of February 18, 2000 - Approve as submitted. Requested by: City Clerk 6.2 PARKS AND RECREATION COMMISSION MINUTES: 6.2.1 Regular Meeting of November 18, 1999 - Receive and File. MARCH 7, 2000 PAGE 3 6.2.2 Regular Meeting of January 27, 2000 - Receive and File. Requested by: Community Services Division 6.3 PLANNING COMMISSION MINUTES: 6.3.1 Regular Meeting of January 11, 2000 - Receive and File. 6.3.2 Regular Meeting of January 25, 2000 - Receive and File. Requested by: Planning Division 6.4 TRAFFIC AND TRANSPORTATION COMMISSION MINUTES - Regular Meeting of January, 2000. Requested by: Engineering Division 6.5 VOUCHER REGISTER - Approve Voucher Register dated March 7, 2000 in the amount of $894,318.74. Requested by: Finance Division 6.6 TREASURER'S STATEMENT - Submitted for City Council's review and approval is the Treasurer's Statement for January, 2000. Requested by: Finance Division 6.7 OFFICE SUPPLY PURCHASE ORDER INCREASE FOR FY 1999-00 - On June 15, 1999, Council authorized establishment of an open purchase order for supplies with Staples in the amount of $15,000. This vendor was chosen after a lengthy RFP process and they were deemed to be the low bidder on most commonly used office supplies. Due to an increase in staff activities and the change in provision of recreation services, it is necessary to increase the open purchase order by $4000, for a total of $19,000. In addition, since Staples has been the low bidder on other items, such as paper, small tools, and equipment, it is requested that Council authorize a total expenditure in an amount not to exceed $23,000 for FY 99-00 for this vendor. It is understood that staff will continue to solicit bids as necessary on items not considered normal office supplies. Recommended Action: It is recommended that the City Council approve an increase to the open purchase order for Staples from $15,000 to $19,000 and authorize a total expenditure amount to Staples in an amount not to exceed MARCH 7, 2000 PAGE 4 $23,000 for FY 99-00. Requested by: Finance Division 6.8 REDUCTION AND EXONERATION OF SUBDIVISION IMPROVEMENT BONDS (FAITHFUL PERFORMANCE AND LABOR & MATERIAL)FOR TRACT NO. 32400 (STANDARD PACIFIC)- Standard Pacific has requested exoneration/reduction in security amounts (surety bonds) commensurate with progress of work for various improvements required in accordance with the subdivision agreement for Tract No. 32400. Diamond Bar West Partners has satisfactorily completed substantial amounts of the work and has requested exoneration /reduction of the amounts of certain bonds be authorized. Recommended Action: It is recommended that the City Council approve reduction of: a) Bond No. 111 3331 7666 - Grading Bond from $2,685,256 to $671,314(750); b) Bond No. 111 1940 5352 - Storm Drain from $736,639 to $184,159.75 (750); c) Bond No. 111 4160 9146 - Sewer/Street from $543,674 To $135,918.50 (75o); and exoneration of a) Bond No. 111 3331 7591 - Domestic Water; b) Bond No. 111 331 7609 - Reclaimed Water; c) Bond No. 111 4160 9153 - Monumentation; and direct the City Clerk to notify the Principal and Surety of these actions. Requested by: Engineering Division 6.9 APPROVAL OF CONTRACT AMENDMENT WITH HULS ENVIRONMENTAL MANAGEMENT - On February 1, 2000, Council directed staff to issue an RFP and proceed with an open bidding process for solid waste and recycling collection services in the City. The experience and knowledge of J. Michael Huls would assure a timely and comprehensive approach to the City's desire to retain a single service provider for the community. Mr. Huls has been providing technical support on various studies/reports pertaining to solid waste and recycling collection services in the City. As the City's Integrated Environmental Services Coordinator, Mr. Huls prepared the RFP, which has been made available to all qualified refuse and recycling services companies. Recommended Action: It is recommended that the City Council approve a contract amendment with Huls Environmental Management in an amount not -to -exceed $9,900 and authorize the Mayor to execute the amendment. Requested by: Engineering Division MARCH 7, 2000 PAGE 5 6.10 CONTRACT AMENDMENT WITH HIRSCH AND ASSOCIATES FOR THE DESIGN OF LANDSCAPING IMPROVEMENTS IN DIAMOND BAR - On January 4, 2000, Council awarded a contract to Hirsch and Associates to design landscaping improvements in the amount of $22,000. Staff has determined that two additional locations should be added to the scope of work for this contract. The additional work will cost $14,050 plus $3,000 for reimbursables, for a total amount of $17,050. The two new locations are: Golden Prados median at Golden Springs; and Sunset Crossing dirt median/parkway at Chaparral. Recommended Action: It is recommended that the City Council approve the contract amendment with Hirsch and Associates in the amount of $14,050 plus reimbursables of $3,000, for a total amendment not to exceed $17,050. This will result in a total contract of $39,050, which includes $6,600 of reimbursables. It is further recommended that the City Council allocate $17,050 from L.L.M.D. #38 reserves for this project. Requested by: Engineering Division 6.11 EXTENSION OF VENDOR SERVICES FOR PUBLICITY BANNERS - The City has utilized Dekra-Lite to provide vertical publicity banners for City events. The City's Purchasing Ordinance limits the City Manager's purchasing authority to $15,000. Council previously authorized expenditures of $29,000 for the Holiday Banner Program. This work was completed by Dekra-Lite. The City is now purchasing banners and banner support poles from Dekra-Lite to advertise the City Birthday Party, at a cost of $9,000. Dekra-Lite has consistently been the low bidder with the best turn -around time for these services. Recommended Action: It is recommended that the City Council authorize the additional expenditure of $9,000 from General Fund Reserves for the City Birthday Party publicity banners and banner support poles. It is further recommended that the City Council authorize the purchase be made from Dekra-Lite, bringing the total expenditure from this vendor for the current fiscal year to $38,000. Requested by: Community Services Division 6.12 RESOLUTION NO. 2000 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR REQUESTING THE BOARD OF SUPERVISORS OF THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT TO ACCEPT ON BEHALF OF SAID DISTRICT A TRANSFER AND CONVEYANCE OF STORM DRAIN IMPROVEMENTS KNOWN AS AMBUSHERS STREET DRAINAGE IMPROVEMENTS PROJECT, IN THE MARCH 7, 2000 PAGE 6 CITY OF DIAMOND BAR FOR FUTURE OPERATION, MAINTENANCE, REPAIR, AND IMPROVEMENT, AND AUTHORIZE THE TRANSFER AND CONVEYANCE THEREOF - Construction of the Ambushers Street Drainage Improvements Project was completed on September 7, 1999 and a Notice of Completion was approved for filing by Council on December 7, 1999. L.A. County Flood Control District inspected the project on November 22, 1999 and has deemed that the work has been accomplished to the satisfaction of the District. With the project completed, the new 24" Storm Drain should be transferred to the County Flood Control District for operation and maintenance. Upon approval by Council, staff will transmit "As -Built" drawings and the signed resolution to the District. Recommended Action: It is recommended that the City Council adopt Resolution No. 2000 -XX requesting the L.A. County Flood Control District to accept transfer and conveyance of storm drain improvements known as Ambushers Street Drainage Improvements Project. Requested by: Engineering Division 6.13 RESOLUTION NO. 2000 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ACCEPTING A GRANTING OF CERTAIN REAL PROPERTY HEREIN DESCRIBED FOR ROAD PURPOSES - Pursuant to Condition "dd" of Planning Resolution No. 99-13, the McDonald's Corp. has made an irrevocable offer of dedication for a 5' wide portion of its property adjacent to Golden Spgs. Dr. and Brea Canyon Rd., to the City for roadway improvements. Recommended Action: It is recommended that the City Council adopt Resolution No. 2000 -XX accepting a grant of a 5' wide portion of McDonald's property adjacent to Golden Springs Dr. and Brea Canyon Rd. for road purposes and direct the City Clerk to record the irrevocable Offer of Dedication with the L.A. County Recorder's Office. Requested by: Engineering Division 6.14 AWARD OF DESIGN SERVICES FOR AREA 2 SLURRY SEAL PROJECT - On January 21, 2000, the Public Works Division solicited proposals for design services for the 99-00 Area 2 Slurry Seal Project. On February 4, 2000, two proposals were received, from GFB-Friedrich & Assoc. and Charles Abbott Assoc. Staff proposes to award the design services contract to the most qualified consultant. Recommended Action: It is recommended that the City Council award the 99-00 Area 2 Slurry Seal Project design services contract to GFB-Friedrich & Assoc., in an amount MARCH 7, 2000 PAGE 7 not to exceed $36,100. Further, it is recommended that the City Council authorize an amount of $3,600 for contract amendment(s) to be approved by the City Manager, for a total authorization of $39,700. Requested by: Engineering Division 7. PUBLIC HEARINGS: 7:00 p.m., or as soon thereafter as matters may be heard. 7.1 DEVELOPMENT CODE AMENDMENT NO. 99-1 AND SUBDIVISION ORDINANCE AMENDMENT NO. 99-1 - The Development Code and Subdivision Ordinance have been in existence for over one year. The implementation of both codes during this time period indicates that several amendments are needed in order to continue to implement the purpose of both codes, better serve residents and the development community. The Planning Commission reviewed the proposed amendments on January 25, 2000 and adopted Resolution No. 2000-02 recommending the City Council adopt the amendments. Recommended Action: It is recommended that the City Council open the public hearing, receive public testimony, discuss the Planning Commission recommended amendments and direct staff to prepare an ordinance approving said amendments to the Development Code and Subdivision Ordinance. Requested by: Planning Division 8. OLD BUSINESS: 8.1 APPOINTMENT TO PARKS & RECREATION COMMISSION Requested by: Council Member Huff 9. NEW BUSINESS: 9.1 CONSIDERATION OF RESOLUTION NO. 2000 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, DECLARING ITS INTENTION TO VACATE A PORTION OF HIGHCREST DRIVE IN THE CITY OF DIAMOND BAR - The City has received a request from the Highcrest Homeowners Alliance to vacate the portion of Highcrest Dr. located southerly of Gold Rush Dr. This matter asks Council to consider the vacation request, to initiate the vacation proceedings in accordance with the Streets and Highways Code, and to set a public hearing for April 18, 2000. Recommended Action: It is recommended that the City Council adopt Resolution No. 2000 -XX declaring its MARCH 7, 2000 PAGE 8 intention to vacate a portion of Highcrest Dr. Requested by: Engineering Division 9.2 RESOLUTION NO. 2000 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING AMENDMENT NO. 2 TO THE TRES HERMANOS CONSERVATION AUTHORITY JOINT EXERCISE OF POWERS AGREEMENT TO ADD THE CITY OF INDUSTRY AS A PARTY TO THE AGREEMENT AND MEMBER OF THE BOARD - The City of Industry Urban Development Agency is the majority property owner of the undeveloped area commonly known as the Tres Hermanos Ranch located within the incorporated boundaries of D.B. and Chino Hills. In December 1999, the Tres Hermanos Conservation Authority (THCA) adopted a Resolution approving the participation of the City of Industry (Industry) as an Ex -officio Member of the Authority. In January 2000, the City Council approved an Amendment to the THCA Joint Exercise of Powers Agreement to add the City of Industry as an Ex -officio Member of the Authority. On February 28, 2000 the THCA Board considered and approved full membership of the City of Industry contingent upon approval by the Cities of D.B. and Chino Hills. Recommended Action: It is recommended that the City Council of the City of Diamond Bar adopt Resolution No. 2000 -XX: A Resolution of the City Council of the City of Diamond Bar Approving Amendment No. 2 to the Tres Hermanos Conservation Authority Joint Exercise of Powers Agreement. It is further recommended that the Mayor be authorized to execute the Supplemental Agreement. Requested by: City Manager 9.3 (a) RESOLUTION NO. 2000 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR IN SUPPORT OF AB 1939 - The Bill places emphasis on implementation of waste diversion programs to efficiently utilize limited local resources and not require local governments to go through extraordinary lengths to ensure mathematical compliance with the State's 50% waste reduction mandate as insisted by the California Integrated Waste Management Board (Waste Board). The Bill also promotes alternative technologies to reduce dependence on landfill and incineration as well as requiring the Waste Board to maintain a local office in L.A. County. Recommended Action: It is recommended that the City Council adopt Resolution No. 2000 -XX supporting AB 1939. (b) RESOLUTION NO. 2000 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR SUPPORTING AB 2067 - MARCH 7, 2000 PAGE 9 This bill would allow the 50% diversion amount requirement for solid waste for L.A. County and the cities and regional agencies located within that County, to include diversion through nonburn transformation, as defined, if specified conditions are met with regard to the project and the residues generated from the project. The bill would revise the definition of transformation, for purposes of this exemption, to exclude nonburn tansformation, for purposes of measuring compliance with the act's diversion requirements. Recommended Action: It is recommended that the City Council adopt Resolution No. 2000 -XX supporting AB 2067. Requested by: Mayor Pro Tem Ansari RECESS TO REDEVELOPMENT AGENCY Next Resolution No. RA 2000-01 1. CALL TO ORDER: Chairman ROLL CALL: Agency Members Ansari, Herrera, O'Connor, VC/Chang, C/Huff 2. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Agency on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Although the Redevelopment Agency values your comments, pursuant to the Brown Act, the Agency generally cannot take any action on items not listed on the posted agenda. Please complete a Speaker's Card and give it to the Agency Secretary (completion of this form is voluntary). There is a five minute maximum time limit when addressing the Redevelopment Agency. 3. CONSENT CALENDAR: 3.1 APPROVAL OF MINUTES - Regular Meeting of February 15, 2000 - Approve as submitted. Requested by: Agency Secretary 3.2 VOUCHER REGISTER - Approve Voucher Register dated March 7, 2000 in the amount of $27,713.05. Requested by: Finance Division MARCH 7, 2000 PAGE 10 3.3 TREASURER'S STATEMENT - Submitted for the Redevelopment Agency Board's review and approval is the Treasurer's Statement for January, 2000. Requested by: Finance Division 4. PUBLIC HEARINGS: None 5. OLD BUSINESS: None 6. NEW BUSINESS: None 7. AGENCY MEMBER COMMENTS: Items raised by individual Agency Members are for Agency discussion. Direction may be given at this meeting or the item may be scheduled for action at a future meeting. RECONVENE CITY COUNCIL MEETING: 10. COUNCIL SUB -COMMITTEE REPORTS: 11. COUNCIL MEMBER COMMENTS: Items raised by individual Council Members are for Council discussion. Direction may be given at this meeting or the item may be scheduled for action at a future meeting. 12. ADJOURNMENT: TC FR )M: AD )RESS: OF ANIZATION: AG :NDA #/SUBJECT r -. 1 ok, 'i:.r'r =a V A-)r'.'4=Q' 'S 444 CrrV VVi.AC.IL CITY CLERK PHON I ex::)ect to address the Council on the subject agenda item. Please have the Council Minutes reflect my narre and address as written above. Signature TO FROM: ADDRESS: ORGANIZATION �r'rr JA . V J -u J: 'iJ";°'� i:;IIY (;LE: =iK 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. Signaturp5 ,' I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signaturp5 ,' !J TC ;:R, W ADI RE=SS: - — ", = fts . =-' 'w' A.1->'-4SS THE CITY COUNCIL CITY CLERK r_ ------ DATE: PHONE: OR iANIZATION: AGI NDA #/SUBJECT: - f /:-- I exp ect 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 MARCH 7, 2000 STUDY SESSION: 5:08 p.m., AQMD Room CC -2 Cost Benefit Analysis & LAFCO Process regarding Annexation Present: Council Members Chang and Huff, MPT/Ansari, M/O'Connor. C/Herrera was excused. Also present were: Terrence L. Belanger, City Manager; Mike Jenkins, City Attorney; James DeStefano, Deputy City Manager; David Liu, Deputy Public Works Director; Bob Rose, Community Services Director; Mike Nelson, Communications & Marketing Director; Lynda Burgess, City Clerk Gina Tharani, Accountant II, Ann Lungu, Associate Planner; Sonya Joe, Development Services Ass't.; Linda Smith, Development Services Ass't., Sgt. Bill Flannery and Capt. Richard Martinez. ADJOURNED: 6:12 p.m. 1. CLOSED SESSION: 6:15 p.m. - Existing Litigation (Subdivision (a) of Section 54956.9. Patel vs. City of Diamond Bar. ADJOURNED: 6:30 p.m. 2. CALL TO ORDER: 6:40 p.m. PLEDGE OF ALLEGIANCE: Colors presented by Jr. Girl Scout Troop 482 INVOCATION: Given by Pastor Ab Kastl, Diamond Canyon Christian Church ROLL CALL: Council Members Chang, Huff, Mayor Pro Tem Ansari, Mayor O'Connor. Council Member Herrera was excused. Also present were: Terrence L. Belanger, City Manager; Mike Jenkins, City Attorney; James DeStefano, Deputy City Manager; David Liu, Deputy Public Works Director; Bob Rose, Community Services Director; Mike Nelson, Communications and Marketing Director and Lynda Burgess, City Clerk. CA/Jenkins announced that no reportable action had taken place during the Closed Session. APPROVAL OF AGENDA: Mayor 3A. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 3.A.1 Presented City Tiles to outgoing Traffic & Transportation, Planning and Parks & Recreation MARCH 7, 2000 PAGE 2 Commissioners 3.A.2 Presented Certificates of Recognition to the Diamond Bar High School 1999 Mock Trial Team 3.A.3 Proclaimed March 20-25, 2000 as "Safe Communities Week" 3.A.4 Proclaimed March, 2000 as "Women's History Month" 3.A.5 Introduced new Team Leader Lt. Pete Fosselman, L.A. County Sheriff 3.A.6 Introduced new Recreation Staff 3.A.7 Ron Heim, Trammel Crow Co., presented plaques to CM/Belanger and DCM/DeStefano in appreciation of their assistance in securing the sites in the Gateway Corporate Center now occupied by Travelers Insurance, Citicorp and Allstate Insurance. 3B. CITY MANAGER REPORTS AND RECO14ENDATIONS: CM/Belanger reported that the SunCal map had closed escrow and the property now belongs to Pulte Homes. As a result, the City has received $1.2 million representing consideration for the approval of the map, which has been deposited in the Parks Facilities Development Fund. The City also received 350 acres of permanent open space land and an additional 10 acres of land around Summit Ridge Park. Regarding the Lanterman issue, he stated that the State Public Works Board in Sacramento continued their hearing on the matter until March 20 which has provided an opportunity for all concerned parties to set up a meeting. Said meeting will be held March 15 and 16 in Sacramento. 4. PUBLIC COMMENTS: Debbie Jackley, Cal Poly Pomona - announced Cal Poly's events in April. 5. SCHEDULE OF FUTURE EVENTS: 5.1 JOINT COUNCIL/WVUSD BOARD MEETING - March 8, 2000 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.2 TRAFFIC & TRANSPORTATION COMMISSION - March 9, 2000 - 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. 5.3 PLANNING COMMISSION - March 14, 2000 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.4 COMMUNITY COORDINATING COMMITTEE - March 20, 2000 - 7:00 p.m., AQMD, Room CC -3, 21865 E. Copley Dr. MARCH 7, 2000 PAGE 3 5.5 CITY COUNCIL MEETING - March 21, 2000 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.6 DIAMOND BAR COMMUNITY FOUNDATION - March 30, 2000 - 7:00 p.m., AQMD, Room CC -3 and 5, 21865 E. Copley Dr. 5.7 CENSUS DAY - April 1, 2000 - CENSUS TOWN HALL MEETING CABLE BROADCAST DATES (to be announced) 5.8 CITY BIRTHDAY PARTY - April 9, 2000 - Noon - 6:00 p.m., Peterson Park, 24142 E. Sylvan Glen Dr. 6. CONSENT CALENDAR: Moved by C/Chang, seconded by MPT/Ansari to approve the Consent Calendar with the exception of Items No. 6.9 and 6.11. Motion carried 4-0-1 (C/Herrera absent) by the following Roll Call vote: 6.1 APPROVED MINUTES: 6.1.1 Regular Meeting of February 15, 2000 - As submitted. 6.1.2 Special Meeting of February 18, 2000 - As submitted. 6.2 RECEIVED AND FILED PARKS AND RECREATION COMMISSION MINUTES: 6.2.1 Regular Meeting of November 18, 1999 - as amended. 6.2.2 Regular Meeting of January 27, 2000. 6.3 RECEIVED AND FILED PLANNING COMMISSION MINUTES: 6.3.1 Regular Meeting of January 11, 2000. 6.4 RECEIVED AND FILED TRAFFIC AND TRANSPORTATION COMMISSION MINUTES. 6.5 APPROVED VOUCHER REGISTER - dated March 7, 2000 in the amount of $894,318.74. M/O'Connor recused herself from approval of P.O. 9260; P.O. 9721, a check to the Post Office in the amount of $2,200; Invoice No. 105817; Invoice No. 105227 and P.O. 8883 due to a potential conflict of interest regarding the Lanterman Forensic Expansion Project. 6.6 REVIEWED AND APPROVED TREASURER'S STATEMENT - for January, 2000. 6.7 APPROVED OFFICE SUPPLY PURCHASE ORDER INCREASE FOR FY 1999-00 - from $15,000 to $19,000 and authorize a total expenditure amount to Staples in an amount not to exceed MARCH 7, 2000 PAGE 4 $23,000 for FY 99-00. 6.8 APPROVED REDUCTION AND EXONERATION OF SUBDIVISION IMPROVEMENT BONDS (FAITHFUL PERFORMANCE AND LABOR & MATERIAL) FOR TRACT NO. 32400 (STANDARD PACIFIC) - reduced: a) Bond No. 111 3331 7666 - Grading Bond from $2,685,256 to $671,314(75$); b) Bond No. 111 1940 5352 - Storm Drain from $736,639 to $184,159.75 (750); c) Bond No. 111 4160 9146 - Sewer/Street from $543,674 To $135,918.50 (750); and exonerated: a) Bond No. 111 3331 7591 - Domestic Water; b) Bond No. ill 331 7609 - Reclaimed Water; c) Bond No. 111 4160 9153 - Monumentation; and directed the City Clerk to notify the Principal and Surety of these actions. Requested by: Engineering Division 6.10 APPROVED CONTRACT AMENDMENT WITH HIRSCH AND ASSOCIATES FOR THE DESIGN OF LANDSCAPING IMPROVEMENTS IN DIAMOND BAR - in the amount of $14,050 plus reimbursables of $3,000, for a total amendment not to exceed $17,050. This will result in a total contract of $39,050, which includes $6,600 of reimbursables and allocated $17,050 from L.L.M.D. #38 reserves for this project. Requested by: Community Services Division 6.12 ADOPTED RESOLUTION NO. 2000-15: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR REQUESTING THE BOARD OF SUPERVISORS OF THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT TO ACCEPT ON BEHALF OF SAID DISTRICT A TRANSFER AND CONVEYANCE OF STORM DRAIN IMPROVEMENTS KNOWN AS AMBUSHERS STREET DRAINAGE IMPROVEMENTS PROJECT, IN THE CITY OF DIAMOND BAR FOR FUTURE OPERATION, MAINTENANCE, REPAIR, AND IMPROVEMENT, AND AUTHORIZE THE TRANSFER AND CONVEYANCE THEREOF. 6.13 ADOPTED RESOLUTION NO. 2000-16: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ACCEPTING A GRANTING OF CERTAIN REAL PROPERTY HEREIN DESCRIBED FOR ROAD PURPOSES - a 5' wide portion of McDonald's property adjacent to Golden Springs Dr. and Brea Canyon Rd. for road purposes and directed the City Clerk to record the irrevocable Offer of Dedication with the L.A. County Recorder's Office. 6.14 AWARDED DESIGN SERVICES FOR THW 1999-2000 AREA 2 SLURRY SEAL PROJECT - to GFB-Friedrich & Assoc., in an amount not to exceed $36,100 and authorized an amount of $3,600 for contract amendment(s) to be approved by the City Manager, for a total authorization of $39,700. MARCH 7, 2000 PAGE 5 MATTERS WITHDRAWN FROM CONSENT CALENDAR: 6.9 APPROVAL OF CONTRACT AMENDMENT WITH HULS ENVIRONMENTAL MANAGEMENT - On February 1, 2000, Council directed staff to issue an RFP and proceed with an open bidding process for solid waste and recycling collection services in the City. The experience and knowledge of J. Michael Huls would assure a timely and comprehensive approach to the City's desire to retain a single service provider for the community. Mr. Huls has been providing technical support on various studies/reports pertaining to solid waste and recycling collection services in the City. As the City's Integrated Environmental Services Coordinator, Mr. Huls prepared the RFP, which has been made available to all qualified refuse and recycling services companies. Moved by M/O'Connor, seconded by MPT/Ansari to approve a contract amendment with liuls Environmental Management in an amount not -to -exceed $9,900 and authorize the Mayor to execute the amendment. Motion carried 4-0-1 (C/Herrera absent) by the following Roll Call vote: 6.11 EXTENSION OF VENDOR SERVICES FOR PUBLICITY BANNERS - The City has utilized Dekra-Lite to provide vertical publicity banners for City events. The City's Purchasing Ordinance limits the City Manager's purchasing authority to $15,000. Council previously authorized expenditures of $29,000 for the Holiday Banner Program. This work was completed by Dekra-Lite. The City is now purchasing banners and banner support poles from Dekra-Lite to advertise the City Birthday Party, at a cost of $9,000. Dekra-Lite has consistently been the low bidder with the best turn -around time for these services. Moved by MPT/Ansari, seconded by C/Huff to authorize an additional expenditure of $9,000 from General Fund Reserves for the City Birthday Party publicity banners and banner support poles and authorized that the purchase be made from Dekra-Lite, bringing the total expenditure from this vendor for the current fiscal year to $38,000. Motion carried 4-0-1 (C/Herrera absent) by the following Roll Call vote: 7. PUBLIC HEARINGS: 7.1 DEVELOPMENT CODE AMENDMENT NO. 99-1 AND SUBDIVISION ORDINANCE AMENDMENT NO. 99-1 - The Development Code and Subdivision Ordinance have been in existence for over one year. The implementation of both codes during this time period indicates that several amendments are needed in order to continue to implement the purpose of both codes, better serve residents and the development community. The MARCH 7, 2000 PAGE 6 Planning Commission reviewed the proposed amendments on January 25, 2000 and adopted Resolution No. 2000-02 recommending the City Council adopt the amendments. M/O'Connor opened the Public Hearing. There being no testimony offered, M/O'Connor closed the Public Hearing. Moved by C/Chang, seconded by C/Huff to direct staff to prepare an ordinance approving said amendments to the Development Code and Subdivision Ordinance. Motion carried 4-0-1 (C/Herrera absent) by the following Roll Call vote: 8. OLD BUSINESS: 8.1 APPOINTMENT TO PARKS & RECREATION COMMISSION C/Huff appointed Jeff Hull. Moved by MPT/O'Connor, seconded by C/Chang to approve the appointment to the Parks & Recreation Commission. Motion carried 4-0-1 (C/Herrera absent) by the following Roll Call vote: 9. NEW BUSINESS: 9.1 RESOLUTION NO. 2000-17: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, DECLARING ITS INTENTION TO VACATE A PORTION OF HIGHCREST DRIVE IN THE CITY OF DIAMOND BAR - The City has received a request from the Highcrest Homeowners Alliance to vacate the portion of Highcrest Dr. located southerly of Gold Rush Dr. This matter asks Council to consider the vacation request, to initiate the vacation proceedings in accordance with the Streets and Highways Code, and to set a public hearing for April 18, 2000. Sandy Erickson - Have had ongoing discussions with Pulte. Homeowners on Highcrest seeking to retain the cul-de-sac that currently exists on Highcrest. Moved by C/Huff, seconded by C/Chang to adopt Resolution No. 2000-17 declaring its intention to vacate a portion of Highcrest Dr. Motion carried 3-1-1 (C/Herrera absent, M/O'Connor - no) by the following Roll Call vote: 9.2 RESOLUTION NO. 2000-18: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING AMENDMENT NO. 2 TO THE TRES HERMANOS CONSERVATION AUTHORITY JOINT EXERCISE OF POWERS AGREEMENT TO ADD THE CITY OF INDUSTRY AS A MARCH 7, 2000 PAGE 7 PARTY TO THE AGREEMENT AND MEMBER OF THE BOARD - The City of Industry Urban Development Agency is the majority property owner of the undeveloped area commonly known as the Tres Hermanos Ranch located within the incorporated boundaries of D.B. and Chino Hills. In December 1999, the Tres Hermanos Conservation Authority (THCA) adopted a Resolution approving the participation of the City of Industry (Industry) as an Ex -officio Member of the Authority. In January 2000, the City Council approved an Amendment to the THCA Joint Exercise of Powers Agreement to add the City of Industry as an Ex -officio Member of the Authority. On February 28, 2000 the THCA Board considered and approved full membership of the City of Industry contingent upon approval by the Cities of D.B. and Chino Hills. Moved by C/Huff, seconded by C/Ansari to adopt Resolution No. 2000 XX: A Resolution of the City Council of the City of Diamond Bar Approving Amendment No. 2 to the Tres Hermanos Conservation Authority Joint Exercise of Powers Agreement and authorized the Mayor to execute the Supplemental Agreement. Motion carried 4-0-1 (C/Herrera absent) by the following Roll Call vote: 9.3 (a) RESOLUTION NO. 2000-19: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR IN SUPPORT OF AB 1939 - The Bill places emphasis on implementation of waste diversion programs to efficiently utilize limited local resources and not require local governments to go through extraordinary lengths to ensure mathematical compliance with the State's 50% waste reduction mandate as insisted by the California Integrated Waste Management Board (Waste Board). The Bill also promotes alternative technologies to reduce dependence on landfill and incineration as well as requiring the Waste Board to maintain a local office in L.A. County. Moved by MPT/Ansari, seconded by C/Chang to adopt Resolution No. 2000-19 supporting AB 1939. Motion carried 4-0-1 (C/Herrera absent) by the following Roll Call vote: (b) RESOLUTION NO. 2000-20: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR SUPPORTING AB 2067 - This bill would allow the 50% diversion amount requirement for solid waste for L.A. County and the cities and regional agencies located within that County, to include diversion through nonburn transformation, as defined, if specified conditions are met with regard to the project and the residues generated from the project. The bill would revise the definition of transformation, for purposes of this exemption, to exclude nonburn MARCH 7, 2000 PAGE 8 transformation for purposes of measuring compliance with the act's diversion requirements. Moved by MPT/Ansari, seconded by C/Chang to adopt Resolution No. 2000-20 supporting AB 2067. Motion carried 4-0-1 (C/Herrera absent) by the following Roll Call vote: RECESS TO REDEVELOPMENT AGENCY 1. CALL TO ORDER: order at 9:30 p.m. 9:30 p.m. Next Resolution No. RA 2000-01 Chairman Huff called the meeting to ROLL CALL: Agency Members Ansari, Herrera, O'Connor, VC/Chang, C/Huff Also present were: Terrence L. Belanger, Executive Director; Mike Jenkins, Agency Attorney; James DeStefano, Deputy City Manager; David Liu, Deputy Public Works Director; Bob Rose, Community Services Director; Mike Nelson, Communications and Marketing Director and Lynda Burgess, Agency Secretary. 2. PUBLIC COMMENTS: None offered. 3. CONSENT CALENDAR: Moved by AM/O'Connor, seconded by AM/Ansari to approve the Consent Calendar. Motion carried 4- 0-1 by (AM/Herrera absent) the following Roll Call vote: 3.1 APPROVED MINUTES - Regular Meeting of February 15, 2000 - As submitted. 3.2 APPROVED VOUCHER REGISTER - dated March 7, 2000 in the amount of $27,713.05. 3.3 REVIEWED AND APPROVED TREASURER'S STATEMENT - for January, 2000. 4. PUBLIC HEARINGS: None 5. OLD BUSINESS: None 6. NEW BUSINESS: None 7. AGENCY MEMBER COMMENTS: AM/O'Connor congratulated staff on the recognition bestowed by Trammel Crow Co. ADJOURNMENT: There being no further business to conduct, C/Huff adjourned the meeting at 9:33 p.m. MARCH 7, 2000 PAGE 9 RECONVENE CITY COUNCIL MEETING: 9:33 p.m. 10. COUNCIL SUB -COMMITTEE REPORTS AND COUNCIL MEMBER COMMENTS: 11. ADJOURNMENT: There being no further business to conduct, M/O'Connor adjourned the meeting at 10:06 p.m. in memory of Gwendolyn Perkins. CITY COUNCIL STUDY SESSION DISCUSSION OF ANNEXATION PROCESS AND PRELIMINARY COST -BENEFIT ANALYSIS Tuesday, February 1, 2000 5:00 P.M. A.Q.M.D. Room CC -2 MEETING DATE: TO: FROM: SUBJECT: ISSUE STATEMENT: CITY COUNCIL REPORT AGENDA NO February 1, 2000 Honorable Mayor and Members of the City Council Terrence L. Belanger, City Manager Update on 1998 Preliminary Analysis for Annexation and Informational Report on the Annexation Process This is an informational item for the City Council Study Session. RECOMMENDATION: It is recommended the City Council discuss the results of the updated cost -benefit analysis for annexation and the overall annexation process and direct staff as appropriate. FINANCIAL STATEMENT: BACKGROUND: In August 1998, a preliminary cost -benefit analysis report was completed for annexation of four housing tracts including Sunset Ridge, Monte Verde, Diamond Ridge, and Diamond Canyon. More specifically, this report focused on property tax benefits and services costs. On December 7, 1999, the City Council directed staff to prepare an updated report on the annexation of four existing housing tracts and expanded report to include additional residential developments and vacant land. As per the City Council's request, staff prepared an update to the preliminary cost - benefit analysis report for annexation of the four above listed housing tracts. In addition, the updated report includes the existing residential tracts and golf course located south of the SR 60 freeway, east of Fairway Drive/Brea Canyon Cutoff and vacant land owned by Shell Oil located west of the SR 57 freeway and south of Pathfinder Road to the Los Angeles County border. Staff has also prepared the attached informational report on the annexation process for discussion at the City Council Study Session. PREPARED BY: Sonya Joe Development Services Assistant attachments: Informational Report on the Annexation Process Updated Preliminary Cost -Benefit Analysis Table Summary of Updated Cost -Benefit Analysis Preliminary Analysis for Annexation dated August 26, 1998 Application forms to initiate annexation process Los Angeles County LAFCO information Study Area Map Aerials INFORMATIONAL REPORT ON THE ANNEXATION PROCESS What does annexation mean? Annexation is the process of adding territory to an existing city and extending the city's corporate boundaries. Why is consistency with the General Plan important? Annexations should be part of the community's comprehensive plan for its future. Annexation should occur in an orderly and logical manner; consistent with both the city General Plan and with state mandates regarding service delivery and the conservation of agricultural and open -space lands. If the annexation area has not been included or addressed in the city General Plan, then an amendment to the plan should be considered. When evaluating the proposal for consistency with the plan, special consideration should be given to the annexation's impacts on existing and planned public services, agricultural, and open -space lands, city housing supplies for all economic levels, and the adopted sphere of influence. What is prezoning? General planning practice requires the zoning to be consistent with the General Plan. This is important for the annexation process because as mentioned above, if the city is initiating the annexation, the site should be prezoned to be consistent with the city's General Plan. Nevertheless, a city should prezone unincorporated territory that it expects to annex in the future. Prezoning hearings can alert the city to opposition or to issues of particular concern prior to its filing an application. What is the Sphere of Influence? The sphere of influence is the boundary for lands outside the city, but that could eventually become a part of the city. A sphere of influence is generally considered the ultimate city boundary. The sphere of influence is an important benchmark because it defines the primary area within which urban development is to be encouraged. Local decision -makers recognize the assumption that the lands lying within the sphere are those that the city may someday propose to incorporate. If the area proposed for annexation by the city lies outside its sphere of influence, then the city must request an amendment to its sphere prior to filing the annexation request or concurrently with the annexation application. As mentioned above, the proposed annexed area should be consistent with the General Plan. The sphere proposal should also be addressed in the required environmental document. The Local Agency Formation Commission is the review authority for establishing a city's sphere of influence. This commission is described in further detail in this report, under the section below, titled "Who is the review authority for annexations?" The Local Agency Formation Commission will determine the requested amendment to the sphere of influence with respect to each of the following items: a. The present and planned uses in the area, including agricultural and open - space lands. b. The present and probable need for public facilities and services in the area. c. The present capacity of public facilities and adequacy of public services which the agency provides or is authorized to provide. d. The existence of any social or economic communities of interest in the area if the commission determines that they are relevant to the agency. e. Upon determination of a sphere of influence, the commission shall adopt that sphere, and shall periodically review and update the adopted sphere. f. The commission may recommend governmental reorganizations to particular agencies in the county, using the spheres of influence as the basis for those recommendations. Those recommendations shall be made available, upon request, to other agencies or to the public. Who is the review authority for annexations? Pursuant to the Cortese -Knox Act, the State requires each county to establish a Local Agency Formation Commission (LAFCO). Each LAFCO is made up of elected officials from the county, local cities, special districts, and a member of the general public. The LAFCO is empowered to review, approve, or deny proposals for boundary changes and incorporations for cities, counties, and special districts. Each LAFCO operates independently of the state. However, the State mandates specific factors, which the LAFCO must address when considering annexation proposals. Specific factors include state wide policies and priorities for the preservation of open -space lands and the discouragement of urban sprawl. In turn, the LAFCO establishes the ground rules by which the affected city will process the annexation. 4 What is the annexation Process? In its most basic form, annexation can be considered a four part process. Key items and terms have been noted in bold for quick reference. The four part process includes: 1. Prefiling Prior to filing, the proponent should meet with the LAFCO's executive officer to establish the minimum requirements for processing, then meet with any affected special districts and agencies to agree upon a taxation scheme and needed property tax transfers. An application may be filed with the LAFCO by petition of affected landowners or registered voters, or by resolution from the involved city. Commission action is subject to environmental analysis. More specifically, action should follow the California Environmental Quality Act (CEQA) requirements. Nonetheless, an initial study will be required. This makes the city lead agency for CEQA documents and the LAFCO a responsible agency. The documents should address, among other concerns, the policy issues raised in Sections 56301, 56375, and 56841. If an Environmental Impact Report (EIR) is prepared and the annexation is approved, the LAFCO and the city will be responsible for making findings pursuant to Sections15091 and 15093 of the CEQA Guidelines justifying their actions. In any case, a document should be prepared to address the annexation as well as all related General Plan amendment, prezoning, sphere of influence or other proposals. 2. Filing and LAFCO consideration LAFCO has 30 days in which to review an annexation application and determine that it is complete for processing. Once the application has been accepted and deemed complete, the LAFCO will analyze the proposed annexation in light of the commission's state mandated evaluation criteria and responsibilities and its own adopted policies. State mandated evaluation criteria and responsibilities include, but are not limited to the following: a. Population, population density, land area and use, per capita assessed valuation, topography, natural boundaries, drainage basins, proximity to populated areas, and the likelihood of significant growth during the next ten years. b. Need for organized community services, present cost and adequacy of government services and controls, probable future needs, probable effect of the annexation and of alternative courses of action on the cost and adequacy of services and controls in the area and vicinity. c. The effect of the proposed annexation and of alternative actions on adjacent areas, on mutual social and economic interests and on the local government structure of the county. d. Conformity of the proposal and its effects with LAFCO policies on providing planned, orderly, efficient patterns of urban development and with state policies and priorities in conversion of open -spaced lands to other uses. e. Effect of the proposal on maintaining the physical and economic integrity of lands in an agricultural preserve in open -space use. Clarity of the boundaries of the territory, the non-conformance of proposed boundaries with lines of assessment or ownership, the creation of islands or corridors of unincorporated territory and other similar matters affecting the proposed boundaries. g. Consistency with appropriate city or county general and specific plans. h. The sphere of influence of any agency which may be applicable to the proposal being reviewed. L The comments of any affected agency. Pursuant to Government Section 56375(a), the LAFCO may be required to approve a city's request to annex land adjacent to its borders when the commission finds that either of the following circumstances exist: a. The land is substantially surrounded by the city or the Pacific Ocean, is substantially developed or developing, is not prime agricultural land, is designated for urban growth on the city's General Plan, and is not within the sphere of influence of another city. b. The land is located within an urban service area designated by the IAFCO, is not prime agricultural land, and is designated for urban growth on the city's General Plan. Both of these conditions require review of the annexing city's General Plan by the LAFCO. Although State law does not mandate that annexations conform to local General Plans beyond requiring that the LAFCO consider consistency with the city or county General Plans, a General Plan which reflects the proposed annexation improves the chances that the annexation will be approved. Before the executive officer issues a certificate of filing, the involved city, county, and special districts are required to negotiate the allocation of property tax revenues during a 30 day mandatory negotiation period, but are not required to reach agreement. However, the executive officer cannot issue a certificate of filing until an agreement is reached. LAFCO may approve, conditionally approve, or deny the proposed annexation. The conditions set by the commission's resolution will be the ground rules for the conducting authority's subsequent action. Within 30 days of the LAFCO's resolution, any person or affected agency may file a written request with the executive officer for reconsideration 3. Proceedings of the Conducting Authority The involved city, acting as the "conducting authority" in accordance with the requirements of the Cortese -Knox Act and LAFCO, will hold a public protest hearing to determine whether the proposed annexation must be approved without an election, terminated, or whether an election must be called to determine the proposal's outcome. The number of protests received before and during the hearing will determine which of these options the city must follow. The city should encourage public review and comment at every stage of the process. Pursuant to State law, the LAFCO is required to provide notification of a pending proposal to County departments, interested individuals, and local government agencies that may be potentially be affected by a LAFCO project. The LAFCO must also wait until information is returned from the County Assessor, Auditor, and various state agencies before a proposal may be scheduled for a public hearing. While the Cortese -Knox Act provides opportunities for review at the LAFCO and city hearing levels, the General Plan and prezoning procedures offer additional possibilities for input. Nonetheless, early public response is helpful in assessing public sentiment and identifying areas of concern. Therefore, hearings should be coordinated if feasible. If the annexation is approved, the city will forward a resolution containing the results of its activities to the LAFCO for final review and ratification. If the proposal is terminated, a resolution to this effect will be forwarded to the LAFCO and no new annexation may be proposed on the site for at least one year, unless the LAFCO waives the limitation upon finding that the limitation is detrimental to the public interest. When an election is held, only residents of the proposed city or territory have a right to vote on the issue of annexation. 4. Final Certification When the LAFCO executive officer is satisfied that all elements of the Act have been properly addressed, that the annexation approved by the city conforms to the annexation proposal approved by the Commission, and that all conditions have been met, he or she will certify that the annexation is complete. The annexation is not complete until it has been certified by the executive officer. The commission may establish an "effective date" for the annexation. Alternatively, the effective date will be the date the certificate of completion is recorded by the County Recorder. If the executive officer finds the city's submittal to be incomplete, then it will be returned to the city for completion. How long does it take to process a proposal? The normal, routine proposal will take about three to four months to complete from the time a completed application is accepted in the staff office. More complex proposals can take from six months to a year. Does LAFCO charge a fee to process jurisdictional boundary chance proposals? State law authorizes LAFCO to charge the estimated reasonable cost to process jurisdictional boundary change proposals. Processing fees vary depending on the type of proposal (i.e. district formation, merger, reorganization, etc.) Annexation and detachment fees are also based on acreage. A fee schedule for the Los Angeles County LAFCO is attached with this report. 8 UPDATED PRELIMINARY COST BENEFIT ANALYSIS This report is an update to the preliminary cost -benefit analysis prepared in 1998, for the proposed annexation of the four residential tracts identified as Sunset Ridge, Monte Verde, Diamond Ridge, and Diamond Canyon. In addition, the updated report includes the existing residential tracts and golf course located south of the SR 60 freeway, east of Fairway Drive/Brea Canyon Cutoff and vacant land owned by Shell Oil located west of the SR 57 freeway and south of Pathfinder Road to the Los Angeles County border. The purpose of this preliminary cost -benefit analysis is to evaluate the anticipated amount of property tax revenue and compare this to the service expenditure burden. PROPERTY TAX REVENUE Background Under Proposition 13, property taxes are limited to one percent of a property's assessed value. Generally speaking, the rate cannot be increased except when approved by a two-thirds vote of the local residents. Although the amount of property taxes received is limited, property taxes are still considered a key source of tax revenue for local government. Analysis The anticipated property tax revenue was calculated for the above listed annexation areas. The method of calculation is the same method used in the preliminary cost - benefit analysis completed in 1998. The calculation is based on the property tax dollar breakdown in which $0.053 is collected for the City of Diamond Bar Tax District 1. The calculation is also based on the total number of households in which the Census indicates there are approximately 3.40 persons per household. A random sample of households from each tract was used to calculate the mean and standard deviation. The total amount of property taxes paid per each household was retrieved from the TRW REDI Win2 Data computer database. The anticipated property tax revenue is as follows: 1. Sunset Ridge # of households = 101 Mean (x -bar) = $4,824.788 Std. Deviation = 1013.948 Property tax revenue = $25,827.089 2. Monte Verde # of households = 161 Mean (x -bar) = $3,205.290 Std. Deviation = 492.764 Property tax revenue = $27,350.739 3. Diamond Ridge # of households = 76 Mean (x -bar) = $4,914.965 Std. Deviation = 508.401 Property tax revenue = $19,797.479. 4. Diamond Canyon # of households = 81 Mean (x -bar) = $2,667.887 Std. Deviation = 1494.06 Property tax revenue = $11,453.238 5. Tract No. 9058 # of households = 22 Mean (x -bar) = $4,541.014 Std. Deviation = 2664.629 Property tax revenue = $5,294.822 6. Tract No. 27141 # of households = 228 Mean (x -bar) = $2,370.500 Std. Deviation = 673.801 Property tax revenue = $28,645.122 7. Tract No. 25170 # of households = 57 Mean (x -bar) = $2,045.935 Std. Deviation = 385.792 Property tax revenue = $6,180.769 8. Tract No. 28140 # of households = 71 Mean (x -bar) = $2,102.838 Std. Deviation = 686.037 Property tax revenue = $7,912.978 9. Tract No. 28554 # of households = 19 Mean (x -bar) = $1,870.155 Std. Deviation = 602.75 Property tax revenue = $1,883.246 10. Tract No. 31219 # of households = 126 Mean (x -bar) = $1376.586 Std. Deviation = 303.678 Property tax revenue = $9,192.840 11. Tract No. 31550 # of households = 87 Mean (x -bar) = $2,005.827 Std. Deviation = 431.655 Property tax revenue = $9,248.871 12. Tract No. 31845 # of households = 54 Mean (x -bar) = $1836.118 Std. Deviation = 361.190 Property tax revenue = $5,254.969 13. Tract No. 44301 # of households= 15 Mean (x -bar) = $3,555.748 Std. Deviation = 323.066 Property tax revenue = $2,826.819 GRAND TOTAL NUMBER OF HOUSEHOLDS —1,090 According to the Census, there are approximately 3.4 persons per each household. Therefore, the anticipated population of the annexed areas is 3,706 persons. GRAND TOTAL PROPERTY TAX REVENUE — $160,855.84 10 The following unincorporated is presently vacant and owned by Shell Oil. This area is located west of the 57 freeway south of Pathfinder to the Los Angeles County border. The following is the amount of property tax revenue paid by Shell Oil. 14. Property tax revenue = $6,483.62 for 333.55 acres $11,957.01 for 577.61 acres $7,744.84 for 337.75 acres $6,303.54 for 108.39 acres State Subvention Funds State subvention funds are revenues from other governmental agencies. These revenues are generated from state taxes in -lieu of local taxes. As has been reported to the City Council, over the past several fiscal years, the City will lose its incorporation population (74, 115), which is currently used by the State of California to subvent (on a per capita basis) vehichle license fees, gas tax and other revenues, on December 31, 1999. The loss in General Fund revenue could be as much as $600,000 and the loss in Gas Tax revenues could be as much as $275,000. Highway Users' Gas Tax Section 2105 Mean (x -bar) = 0.638664/capita/month Revenue = $2,366.888 Section 2107 Mean (x -bar) = 0.894096/capita/month Revenue = $3,313.519 Total Revenue = $5,680.407 Motor Vehicle Licensing Fee This fund amount fluctuates depending on the per capita factor. The amount of funds received is based on the population size. For Fiscal Year 99-2000, the estimated per capita for six months is $18.98. The estimated per capita for one year is $37.96. The estimated revenue for 3,706 persons within the annexed areas is $140,679.76 AB 2766 (South Coast Air Quality Management District) Mean (x -bar) = 2.3 cars/household # of households = 3,706 $2.00/car Revenue = $5,014.000 ii Franchise Fees Companies are granted special privileges for the continued use of public property, such as city streets. The franchise fees are the amounts required for the continued granting of these privileges. Private companies operating under a government endorsed monopoly pay the city a certain percentage of net business done in the city. SC Edison (1 %) $10,345.86 SC Gas Company (1 %) $3,113.92 Adelphia Cable (5%) $8,611.43 Total = $22,071.21 Prop A — Transit Tax The City receives twenty-five percent of the'/2 % Prop A Sales tax (approved by voters in 1980). These funds are distributed by the L.A. County Metropolitan Transportation Authority (MTA), and are distributed to Los Angeles County cities on a proportional population basis. The funds are to be used for the development of transit programs within the guidelines established by MTA. $11.459 per capita Total Revenue = $42,467.054 Prop C — Transit Tax The City receives twenty-five percent of the 1/2 % Prop A Sales tax (approved by voters in 1990). These funds are distributed by the L.A. County Metropolitan Transportation Authority (MTA), and are distributed to Los Angeles County cities on a proportional population basis. The funds are to be used for improving, expanding, and maintaining public transit services. These expenditures must be consistent with the County's Congestion Management Program. $9.0325 per capita Total Revenue = $33,474.445 12 SERVICE EXPENDITURE BURDENS Background The additional area considered for annexation may require extensive police and fire services, utility services, school services, and recreation services. These services may already be available in the City of Diamond Bar, but some services may utilize different service resources. In any case, the City should anticipate this service expenditure burden when considering an area for annexation. Analysis The anticipated service costs were calculated based on the dollar amount per capita. The dollar amount per capita was taken from the City of Diamond Bar's Annual Budget Report Fiscal Year 1999-2000. The method used to calculate the service expenditure burdens is also the same method used in the preliminary analysis completed in 1998. The anticipated service costs are as follows: Street Maintenance and Public Works The Los Angeles County will slurry seal the public streets every seven years. Whereas, the City of Diamond Bar will slurry seal the public streets every five years. A more detailed analysis will be required to determine actual costs. The following results are per capita estimates based on the current City budget. The services expenditure items have been carried over from the previous report. However, a more detail analysis will also be required to determine actual service expenditure burdens for these two items. Sheriff $70.545 per capita Total Cost = $261,439.770 Recreation $15.457 per capita Total Cost = $57,283.642 CONCLUSION This updated cost -benefit analysis report was prepared to serve as an informational packet only. In conclusion, this information should be further discussed and considered prior to the annexation process. 13 N N J Q Z Q LL W Z W m F N O U O w a 0 a m`0 y N co C cC V N c� N 70 2 L 0 E To: Terrence L. Belanger, City Manager From: David Chen Re: Annexation Project: Preliminary Analysis Date: Wednesday, August 26, 1998 Preliminary Analysis for Annexation of Sunset Ridge • Monte Verde . Diamond Ridge . Diamond Canyon The following report presents a cost -benefit analysis -of the proposed annexation of four residential areas bordering the western boundary of the City of Diamond Bar, located in unincorporated Los Angeles County territory Rowland Heights. The four areas are predominantly comprised of single family dwellings. All are recently constructed, some homes in Diamond Canyon are still incomplete. Sunset Ridge is gated, and Diamond Canyon will be as well. The acquisition of these four territories would provide a net increase in City funds, allow residents to vote for local public servants and enjoy City services. Property Tax The largest financial contribution from the annexed areas will be property tax revenue. The following is a rough sample survey of Sunset Ridge, Monte Verde, and Diamond Ridge. Diamond Canyon residents' property tax revenues have not yet been included in county computer records, as many of the houses are still uninhabited. Sunset Ridge Sunset Ridge is a gated community comprised of a total 91 homes on tract numbers TR 35765, TR 35764, TR 35766, TR 35767, and TR 44343. I used House Numbering Maps HNM 99-309 and HNM 102-309. The ZIP code for the area is 91789. Deriving random numbers using a TI -83 Graphing Calculator, I produced a random sample of lot numbers. Sample size was 21. I then found the corresponding addresses on the HNMs. Entering these addresses into a computer program, called TRW REDI Win2Data ver. 2.4, I derived property taxes paid by each individual household last year. The percentage of property tax revenue appropriated to City Diamond Bar Tax District 1 is 5.3% or $0.053 for every $1 (Annual Tax Increment Tables). I then multiplied the mean property tax payment by the total number of households within Sunset Ridge multiplied by the appropriation percentage to arrive at a dollar figure representing the amount of financial contribution expected from property tax revenue from this residential community. I also calculated the standard deviation of the sample and found the uncertainty of the mean, using a t -value of approximately 2.0, following the formula Um=ts/�n The following are the figures derived: mean (x -bar) = 4654.922 std. dev. (s) = 1137.636 Unc. (U) = 2394.644 Property tax revenue = $22,450.689 ± 2,394.644 2 Monte Verde Monte Verde is a community comprised of 160 homes on TR 33256 and HNM 99-309. The ZIP code for the area is 91789. Using a sample size of 30 and following the same procedure as described above, I derived the following numbers: mean (x -bar) = 3241.797 std. dev. (s) = 640.916 Unc. (U) =,2170.637 Property tax revenue = $30,043.054. ± 2170.637 Diamond Ridge Diamond Ridge is a community comprised of 76 homes. Since the tracts are new, their existence was not reflected on county maps. The ZIP code for the area is 91765. Using a sample of 22 and following the same procedure as described above, I derived the following numbers: mean (x -bar) = 4483.832 std. dev. (s) = 604.845 Unc. (U) =1064.820 Property tax revenue = $18,060.875 ±'1064.820 Diamond Canyon Diamond Canyon is a community comprised of 75 homes, one church and one corporate building, a gate is being constructed that will enclose the homes only. Residential property tax records are not yet available on TRW REDI Win2Data ver. 2.4, but using the values of two homes and an estimated tax rate of 1.25%, I was able to estimate property tax revenue. However, the reliability of a two sample study is poor at best. Commercial propertytax also is apportioned to the city. The corporate building for Cordis Webster, a Johnson & Johnson Company pays $53,761.31 in property tax. City Diamond Bar Tax District 1 receives $2,849.349 from that collection. mean (x -bar) = 5437.5 std. dev. (s) = 265.165 Unc. (U) =1054.031 Residential Property tax revenue = $21,614.063 ± 1054.031 Total Property tax revenue = $24,463.412 ± 1054.031 State Subventions State subventions are revenues from other governmental agencies. These revenues are generated from state taxes in -lieu of local taxes. Highway Users' (Gas) Tax Using previous records and receipts from 8/97 to 6/98, I calculated the mean per capita payment over the noted period. Since there were two parts to the Gas Tax, Section 2105 and 2107, I calculated these means separately. I then found the amount of revenue expected from the annexation areas by multiplying the mean per capita per month Gas Tax payment for each section by 3.40 persons per household (census) multiplied by 423 households multiplied by 12 months. I then added the two totals for each section to arrive at a total expected revenue. Here are the relevant figures: Section 2105 Section 2107 mean (x -bar) = 0.495210/capita/month mean (x -bar) = 0.607150/capita/month Revenue = 8,456.53 ± 668.594 Revenue =11,483.739 ± 800.121 Total Revenue = 20,009.389 ± 146$.715 Motor Vehicle Licensing Fee I followed similar procedure as that for the Highway Users' Tax. The "Car Tax" will be significantly decreased—by as much as 25% possibly—in the coming year. Therefore, this figure will not be reliable in the future due to policy changes. Following are the figures derived: mean (x -bar) = 57297.888 std. dev. (s) = 7265.786 Unc. (U) = 4819.577 Total Revenue = 57,297.888 ± 4,819.577 AB 2766 (SCAQMD) The South Coast Air Quality Management Division (SCAQMD) pays cities $2 per car registered for a city. This money can only be used to fund programs that reduce vehicle emissions. The Southern California Association of Governments (SCAG) 4 provided the figure of 2_3 for average number of motor vehicles per household. Therefore, the reyenue calculated will be an overestimate, since the term "motor vehicles" includes vehicles other than cars. mean (x -bar) = 2.3 cars/hhold 423 hhold $2/car Total Revenue = $1,945.80 Other subventions apply, such as the Off -Highway Motor Vehicle Licensing Fee, however, they contribute a negligible amount as compared to the ones detailed. (The Off - Highway Motor Vehicle Licensing Fee yielded $22.363) Franchise Fees Private companies, such as utilities, operating under a government endorsed monopoly pay the city a certain percentage of net business done in the city. Such companies include Southern California Edison, Southern California Gas Company, and Century Communications (cable TV). SC Edison (1%) $5,747.70 SC Gas Company (1%) $1,683.20 Century Communications (5%) $4,784.13 Total $12,215.03 5 Propositions State propositions to enact certain programs deliver funding to cities based on population. Receipt records for the propositions did not include per capita information, nor were they complete enough to render a suitably reliable estimate. I used county totals to figure per capita allotment of funds. I then multiplied the total number of households within the annexation areas by the average number of persons per household. I am assuming funds are distributed evenly county -wide. If any discrepancy exists among cities' appropriation of these funds, they will not be reflected in this estimate. $11.094 per capita 1438.2 persons Total Revenue = $15,954.888 $9.251 per capita 1438.2 persons Total Revenue = $13,304.614 6 Street Maintenance and Public Works Since Sunset Ridge and Diamond Canyon are gated communities, their streets are privately maintained. County contractors recently completed a slurry -seal for the streets of Monte Verde. The slurry -seal is done every seven years. The maintenance of the streets of Diamond Ridge has yet to be transferred to county control and is still the developer's responsibility, as to the best information available at the date of this report. Using previous year budget information, I calculated the amount spent per capita for police enforcement, then applied that per capita figure to the estimated population of the annexation areas. This figure is probably an overestimate, since additional cost may be limited to only additional contract services. Consider this erring on the side of caution. $65.382 per capita 1438.2 persons Total Cost = $94,032.932 Following a similar procedure as described above, I found the per capita cost for current Diamond Bar residents and applied that figure to the annexation population. $12.925 per capita 1438.2 persons Total Cost =18,588.060 Closing Remarks While the figures here look very promising, it is the recommendation of this report that a second, more thorough analysis be undertaken, if for no other purpose than as a double-check for these results. The next annexation analysis might also endeavor to project figures for future years. r_ .j N v_ a N CPI C4 0 O cl _ o M �O o a M N N 00 O_ 00 M 00 � O lP1 +I +I +I +I +I 000 lC CD L tn n 00 O N _ � 000 M O O 00 \D oro M d O N 00 0w0 ON N �D N oN0 ^ N O 00 L N N Ow N v 00 N "fl � G a W � 0 C = � ;s •a co a ca U O V1 � e. cYr F r_ .j N v_ a N CPI q O cl _ o a M N N _O O_ 00 +I +I +I +I +I 000 lC CD 0000 O0 O tn n 00 O N _ � 000 M O O 00 \D oro M O 00 h I O N 00 0w0 ON eh G O M �D N oN0 ^ N O 00 of N Ow N v M N U x � e� y x E� d o o U o > :� c Gi w cu THE CITY OF DIAMOND BAR PROPERTY TAX DOLLAR BREAKDOWN S 0.249 Los Angeles County General S 0.191 Walnut Valley Unified School District $ 0.161 Consolidated Fire Protection District of LA Co. $ 0.134 Educational Augmentation Fund Impound S 0.085 Educational Revenue Augmentation Fund 011S3 G"rtp..Diamond * t. t1 $ 0.029 Mt. San Antonio Community College S 0.022 L A County Library $ 0.020 County Lighting Maintenance District No. 10006 — $0.0122 Canty Sanitation District No 21.Operating — $0.0093 LA County Flood Control Maintenance — $0.0076 County school service Fund Walnut Valley — $0.0066 Walnut Valley Warr District hmprovemmt Dist. 3 — S0.0062 LA Canty Fire. FFW — $0.0041 Throe Valley Municipal Water Dist. Original Area — S0.0027 Childtea's institutional Tuition Fund — S0.0016 LA County Flood control Improvement Dist, — $0.0016 Walnut Valley Water District lmptovemeot Disc 4 — S 0.0014 County School Services — $0.0008 Development Ctr Handicapped Minor Walnut Valley — $0.0007 Walnut Valley Water District — $ 0.0004 Southeast Mosquito Abatement District — $0.0003 Mt San Antonio Childrm's Center Fund — $0.0001 LA County Accumulative Capital Outlay $1.000 ATI (Annual Tax Increment) Ratios For Tax Rate Area 10068, Excluding Redevelopment Factors & Additional Debt Service Source: HdL Conn do Cone, Los Anodes County Assessor 1996/97 Animal Tar Increment Tables NE70MI452 This report is not to be used in support of debt issuance without the wriaten consent of HdL, Cotsn & Cone. Change of Organlzatlorti. -,eorganlza.ioni wec -a - APPLICATION TO INITIATE PROCEEDING FOR CHANGE OF ORCANIZATION/REORGANIZATION/ SPECIAL REORGANIZATION (Pursuant to the Cortese -Knox Local Government Reorganization Act of 1985, Division 3, Title 5 Commencing with Section 56000, of the Government Code TO: LOCAL AGENCY FORMATION COMMISSION County of Los Angeles Room 383, Hill of Administration 500 West Temple Street Los Angeles, California 90012 DESIGNATION OF PROPOSAL: AFFECTED CITY/DISTRICT: RELATED JURISDICTIONAL CHANGES: GENERAL LOCATION OF PROPOSAL: THOMAS GUIDE PAGE(S) _ PROPOSAL INITIATED BY: APPLICANT: SIGNED: TITLE, if any TELEPHONE: DATE: I. THE SUBJECT AREA A. GENERAL DESCRIPTION http://Ialafco.co.1a.ca.us/fonnOl.htm COORDINATES Resolution Landowner/Voter Petition (CITY, DISTRICT OR CHIEF PETITIONER) (ADDRESS) (CITY, STATE, ZIP) 1. Acres or Square Miles: 2. What major highways and sheets serve the 3. Topography:_ 4. Physical boundaries, if any (rivers, freeways, etc.): B. POPULATION AND HOUSING 1. Estimated Population: 2. Number of Registered Voters: Give source and date of information:. 3. Number and type of dwelling unit:_ C. LAND USE AND ZONING [if applicable] 1. What is the present land use in the subject area? 2. What is the land use in the surrounding area? 3. If annexation to a city is involved as a part of this proposal, what is the city --s general plan designation for the area? 4. Describe any proposed change in land use and zoning as a result of this proposal (including, if applicable, prezoning by an affected city): 5. If this proposal will result in development of property, describe the type of development proposed (type of business or industry, single- or multi -family residential, etc.; number of units or facilities): http://lalafco.co.1a.ca.us/formo l.htm Change of Organtzattoty.teorganiza,aotv,�opec:_a..tieur.g�� . ... - What effect would denial of this proposal have on the proposed development, if any: Is the subject area proposed to be included within a redevelopment project area upon completion of this proposal? II. THE PROPOSAL A. What are the reasons for initiation of this proposal? B. What are the alternate courses of action, if any? (Include the names of other local agencies having the authority to provide the same or similar services as those proposed) C. Plan for Providing Services Describe the services to be extended to the subject area, the range and level of those services, when the services can be extended to the area, and how the services will be financed, including any improvement or upgrading of structures, roads, sewer or water facilities or other conditions which would be imposed or required by the local agency within the subject area if this proposal is completed: D. List the division, acquisition, improvement, disposition, sale or transfer of any property, real or personal, belonging to a city or district that is involved in this proposal: E. List the disposition, transfer or division of any money or funds and any other obligations of a city or district involved as part of this proposal: F. To what extent will residents or landowners within the subject area be liable or remain liable for any existing indebtedness of the city or district to or from which annexation, detachment, or detachment and incorporation is proposed: http://Ialafco.co.1a.ca.us/formo l .htm Change of Organization/Reorgamzattoni3pecta..teorgaT..��:._ - G. What services and/or costs to residents or landowners in the area would be increased, reduced, or eliminated as a result of this proposal? H. List any terms or conditions requested as part of this proposal: III. GENERAL A. List names and addresses of any persons, organization or agencies known to you who may be opposed to this proposal: B. ANY OTHER COMMENTS YOU MAY WISH TO MAKE [Attach additional pages if necessary] : C. Names and addresses of persons who are to receive notice of hearing, staff report and minutes: IV. INCORPORATION OF INSTRUCTIONS By submitting this Application to Initiate Proceedings, the applicant acknowledges receipt of the Instruction for Filing Application for Change of Organization/ Reorganization/Special Reorganization@ and agrees to be bound by same, including, but not limited to the provisions contained therein regarding filing and processing fees, and defense and indemnification of the Commission. Contact Person: (Name) (Address) (Telephone) Back to To Back to Forms Page http://Ialafco.co.1a. ca. us/form0 l .htm LAFCO PARTY DISCLOSURE FORM LOCAL AGENCY FORMATION COMMISSION PARTY DISCLOSURE FORM Information Sheet PURSUANT TO GOVERNMENT CODE SECTION 84308, this form must be completed by applicants or, persons who are the subject of any applicant proceeding pending before the Local Agency Formation Commission. IMPORTANCE NOTICE If you are an applicant for, or the subject of any application or proceeding pending before the Local Agency Formation Commission, you are prohibited from making a campaign contribution of greater than $250 to any commissioner, his or her alternate, or any candidate for such position. This prohibition ends three (3) months after a final decision is rendered by the Local Agency Formation commission. In addition, no commissioner, alternate, or candidate may solicit or accept a campaign contri dbution of more than $250 from you during this period. These prohibitions also apply to your agents and/or lobbyists. If you are a closely held corporation this prohibition applies to your majority shareholder as well. 2. You must file the attached disclosure form and disclose whether you or your agent(s) have in the aggregate contributed more than $250 to any commissioner, his or her alternate, or any candidate for the position during the twelve (12) month period preceding the filing of the application or the initiation of the proceeding. 3. If you or your agent have made a contribution to any commissioner, alternate, or candidate during the twelve (12) months preceding the decision on the application or proceeding, that commissioner must disqualify himself or herself from the decision. However, disqualification is not required if the commissioner, alternate, or candidate returns the campaign contribution within thirty (30) days of learning about both the contribution and the proceedings. This form must be completed and filed with your application. go to page 2 Back to Forms Pape Back to Topics Pape http://Ialafco.co.1a.ca.us/formO6.htm Instruction for filing App'.tcatzon :or 1— aange o:: -- INSTRUCTIONS FOR FILING APPLICATION FOR CHANGE OF ORGANIZATION / REORGANIZATION/ SPECIAL REORGANIZATION Submit the following to: Local Agency Formation Commission Reom 3F 3, Kenneth Hahn Hall of Administration 500 West Temple Street Los Angeles, California 90012 1. RESOLUTION (PETITION) MAKING APPLICATION If the application is initiated toy registered voter or landowner petition, submit the original petition. If initiated by resolution of an affected agency, submit one certified copy. 20 copies. ions and s must conform 2 APPLICATo State Board NE ORM tion Standards (_See Atta-- Submit the original ched) For additional t requirements see Items 3 and 4 below. 3. LEGAL DESCRIPTION Submit on disk. The description should be double spaced and must bear the designation of the proposal. (e.g., Annexation No 1" to the City of 4. MAP Submit an original or erasable duplicate Mylar(must be to scale and legible) and 5 printed copies. Extraneous information must be left off. (e.g., contour lines, house set backs, etc.). Maps will not be returned. Map shall not be smaller than 82" x 11 " or larger than I V x 17". Any other size must be authorized by this office. The map(s) must show the designation of the proposal and the name(s) of the affected agency. (e.g., "Annexation No. 1 to the City of The boundaries of the subject territory must be distinctively shown on the map without obliterating any essential geographic or political features. All maps must be professionally drawn or copied. Rough sketches of maps or plats will not be accepted. 5. FILING FEES (EFFECTIVE JULY 1, 1998) (Make check payable to the County of Los Anr eles). Annexations and Detachments Under 1 acre $1,500 1 to 9.99 acres 2'000 10 to 19.99 acres 2,500 20 to 49.99 acres 3'000 50 to 99.99 acres 3,500 100 to 149.99 acres 4,000 http://lalafco.co.1a.ca.us/fonn02.htm Instruction for filing Application tor (_ ange o':-rgan1za'aonj.,,Qw... )3pec..a...'­;u 150+ acres 4,500 Other Actions Special Reorganization $8,000 Incorporation/Disincorporation 6,000 District Formation 5,000 District Dissolution 3,500 District Consolidation 3,500 District Merger 3,500 Establishment of Subsidiary District 3,500 Reorganizations 3,500 Activation of Latent Power 3,000 Detachments Due to Lack of Service 500 Sphere of Influence 3,000 Sphere of Influence Amend./Review 1,500 Sphere of Influence Amend w/annexation 500 Reconsideration of LAFCO determinations 700 Out of agency service agreements 2,000 Map and legal description review 300 Petition Verification Actual Cost, as required by Registrar -Recorder Environmental Review CEQA Exemption No charge Extended Initial Study (if required) Actual cost, due at time of contract execution Preparation of EIR (if required) Actual cost, due at time of contract execution Review initial study or determine EIR, is $ 500 required Appeal of environmental determination 500 Other Fees http://Ialafco.co.1a.ca.us/formO2.htm Instruction for filing Application for (_ iange o', 'Jrgamzalaonj.-,cuz... i 6Uet- _a 1—... State Controller's Review of Incorporation Fiscal Analysis For any request made pursuant to Government Code Section 56833.3, the requester shall include a deposit, in an amount to be determined by the Executive Officer, to cover the costs of the Controller's Office review. Upon completion of the Controller's Office review and final billing to LAFCO, the requester will be: (a) refunded the amount that the deposit exceeds the actual costs to LAFCO; or (b) charged the amount that the actual cost to LAFCO exceeds the deposit. Outside Legal Counsel Outside Legal Counsel Fees Actual Cost An additional fee may be charged based on actual costs to hire outside counsel in instances where a conflict of interest may exist for County Counsel. Application of the charge will be at the discretion of the Executive Officer, except that such charge may be appealed directly to the Commission Indemnification/LeEal Defense Legal Defense Actual cost As a condition of approval of any change of organization or sphere of influence review by the Local Agency Formation Commission (LAFCO), the applicant shall be required to defend, indemnify, and hold harmless LAFCO or its agents, officers, and employees from any claim, action, or proceeding against LAFCO or its agents, officers, and employees to attack, set aside, void, or annul the approval of LAFCO concerning the processing of the proposal or any action relating to, or arising out of, such approval when such action is brought within the applicable statute of limitations. The Commission has adopted a policy and procedure setting out the process by which this charge will be applied. At the discretion of the Executive Officer, a deposit of funds by the proponent may be required in an amount sufficient to cover the anticipated litigation costs, except that such charge may be appealed directly to the commission. Copying of Tape of Commission Hearing $9.00 per tape Preparation of Transcript of Hearing $17.00 per page Assessor's Processing $20 per parcel for the first 50 parcels $10 per parcel for each additional parcel with a limit of $1,500 per proposal Fee Provisions Payment of the Filing Fee listed in paragraph 5 on page 2, of these instructions, should not be construed to either obligate the applicant to pay any additional processing fees nor constitute a waiver by the Commission of its authority to require payment of additional processing fees pursuant to Government Code Section 56383, a. Filing fees must be paid prior to the issuance of a Certificate of Filing. b. Fees are non-refundable. c. Fees may be waived or reduced by the Executive Officer if financial hardship is demonstrated, or if the application is in response to a LAFCO condition or recommendation. d. Fees may be appealed to the Commission prior to submittal of an application. A request for waiver or reduction of the fees shall be submitted in writing and shall specify the reasons for the request. The request will be considered by the Commission at the next meeting in which the item can be legally placed on the agenda. NOTE: http://lalafco.co.1a.ca.us/form02.htm instruction '.or?a.ing i-ipp..zcaaon of .,zange o.; �rgarz�a. u u.�uu.r'...�3pccia-.�eorvanr.,-n..0 There is a processing fee required by the State Board of Equalization upon completion of proceedings, based on acreage category. Applicant will be notified by LAFCO staff of the amount and when the fee must be submitted to this office. 6. ENVIRONMENTAL DOCUMENTS If the application is initiated by a public agency, submit 13 copies of the EIR, Negative Declaration or Declaration of Exemption. If the application is initiated by petition, the applicant may be required to submit additional information for an environmental assessment. 7. PREZONING ORDINANCE If the proposal involves annexation to a city, submit one copy of the prezone ordinance. 8. LANDOWNER LIST Submit 4 copies of a list of names and addresses of all owners of land within the subject proposal. (This requirement is not applicable to city incorporation or special reorganization proposals). 9. HOUSE NUMBERS For city boundary change proposals only, submit two copies of either a map or list of all streets and addresses within the proposal. If addresses will be changed upon completion of the boundary change, submit both current and new numbers. If you have any questions, contact LAFCO staff at (213) 974-1448. Back to Top Back to Forms Page http://lalafco.co.1a.ca.us/form02.htm Change of Jurisdictional Bounc.ary STATE BOARD OF EQUALIZATION CHANGE OF JURISDICTIONAL BOUNDARY REQUIREMENTS FOR STATEMENTS, BOUNDARY DESCRIPTIONS, MAPS and SCHEDULE OF PROCESSING FEES Sections 54902, 54902.5, Government Code December 2, 1998 1. GENERAL APPLICATION: Fees and requirements set forth in this schedule shall apply to all statements filed pursuant to Sections 54900 to 54903 of the Government Code. Provisions and definitions given in Sections 3 and 4 below are to help you compute the fees and serve as guidelines to ensure acceptance of maps and boundary descriptions. A. Final date to file with the State Board of Equalization for a change of jurisdictional boundary for special revenue district is on or before December 1 of the year immediately preceding the year in which the assessments or taxes are to be levied. B. All fees shall accompany the statements. C. Mail statements, maps and fees to Tax Area Services Section, State Board or Equalization, 450 N Street, MIC: 59, P.O. Box 942879, Sacramento, CA 94279-0059. Inquiries concerning these requirements should be sent to Mr. David J. Martin or call (916) 322-7185 Fax (916) 327-4251. 2. STATEMENTS REQUIRED TO FILE FOR A CHANGE OF JURISDICTIONAL BOUNDARIES: The items listed below shall be submitted together as a single package. Incomplete packages will be rejected. A. Statement of boundary change (Form PT -400 -TA; no substitutions accepted) B. Certificate of completion (if applicable) C. Copy of the resolution from the governing board D. Written geographic description of the subject territory as defined in Section 3 E. Maps and supporting documents F. List of assessor parcel numbers for parcels within the subject territory G. Letter of tax rate area assignment from the County Auditor (consolidated counties only) H. Fees 3. DESCRIPTIONS AND MAPS: Upon completion of the initial processing, all filed documents are microfilmed and then destroyed. Any document that will not produce a readable photographic image shall be rejected and returned to the applicant for replacement. It is strongly recommended that maps be submitted in electronic/digital format. Refer to Item 3.0 below. ALL DOCUMENTS SHALL CONFORM TO ITEMS 3.A.1 THROUGH 3.11.14 BELOW WITHOUT EXCEPTION. A. WRITTEN GEOGRAPHIC DESCRIPTIONS OF JURISDICTIONAL BOUNDARY CHANGES: items I through 7 shall apply to all documents pursuant to Section 54902, Government Code. Tax Area Services is not involved in issues related to property ownership. Descriptions of territory that are required in the filing process with the State Board of Equalization are used to establish geodetic position and are not intended to establish property ownership in a http://Ialafco.co.1a.ca.us/formO4.htm Change of Jurisdictional. Bounc.ary Court of law. SubdiN ision maps, assessor's maps and deeds are not on file with the State Board of Equalizaticn, nor are such documents readily available to its staff in Sacramento where all processing at the state level is performed. Boundary descriptions that merely cite recorded documents or refer to assessor's parcels are of very limited value to the Board's cartographic staff and shall be rejected. (See Items 3.A.1, 3.A.2 and 3.A.5 below). 1. Ever)', written geographic description must be self-sufficient within itself without tile necessit)' of reference to any extraneous document. A boundary description that relies solely on the use of secondary' references shall be cause for rejection. The cartographic staff must be able to plot the boundaries from the written description. Example: Unacceptable: "...thence northerly to the southwest comer of that certain property recorded in Book 12, Page 15 of Recorded Deeds..." Acceptable: "Thence North 1'18'56" West a distance of 150' to the southwest corner of that certain property recorded in Book 12, Page 15 of Recorded Deeds..." 2. The written geographic description shall be expressed as either a bearings and distances description, or as a specific parcel description in sectionalized land (e.g., The SW 1/4 of Section 22, TIN, RIW). When the description is by metes and bounds, all courses shall be numbered and described with bearings and distances written in a consistent clockwise direction. All courses required to close the traverse of the subject territory shall be stated. All curves 'shall be described by direction of concavity'. Delta arc length, chord and radius shall be listed, including radial bearing for all points of non -tangency. 3. The written geographic description shall be a document separate from any maps. 4. The written description shall be of the subject territory only. If a complete description of the special district is filed, that portion of the subject territory shall be clearly identified in a separate document. 5. The geographic description shall have a point of beginning referenced to a known major geographic position (Example: section corners, intersection of street or road centerlines, intersection of street centerline and city, county or district boundary at time of filing, etc.). A point of beginning that is tied to a fence post, tree or pipe in the ground is not considered a major geographic position. A point of beginning that refers only to a tract map, a subdivision map or a recorded survey map will be rejected. It is preferred that the point of beginning be the point of departure from an existing district boundary (when applicable). 6. Effective January 1, 2000, the point of beginning shall be described by the California State Plane Coordinate System, 1983 datum (see Item 33.5 below). 7. The written description shall state the acreage for each separate single area (see Section 4 for a definition of single area) and the combined total acreage of subject territory. Example: "Area A containing x.xx acres, Area B containing x.xx acres: Total computed acreage containing xx.xx acres more or less. " B. MAPS: Item I through 14 shall apply to all map documents pursuant to Section 54902, Government Code. 1. All maps shall be professionally drawn or copied. Rough sketches or pictorial drawings will be rejected. Assessor parcel maps will not be accepted as a substitute for the project map. http://Ialafco.co.1a.ca.us/formO4.htm C.-iange o::. urisc.tc'aona—::,ounc.ary 2. Every map shall bear a scale and north arrow. Every map shall be of a sufficient size to allow Tax Are< Services to plot the boundary without difficult. Reduced maps are not acceptable and will be rejected. Every map shall be of a scale common to the industry. All lettering and numbering on the inap must be legible. 3. A vic ruty map shall be included. 4. The point of beginning shall be clearly shown on the map and referenced to a known geographic point (see Item 3.13.5 above). 5. Effective January 1, 2000, every boundary description and map shall contain a minimum of four geodetic control points that are referenced to the California State Plane Coordinate System, 1983 datum (see Item 3.13.6 above). Acceptable control points: Section corners, section 1/4 corner, section centerpoints; the intersection of street, road, or highway centerlines. Unacceptable control points: Reference to a recorded deed, recorded survey or tract map. A tie to an insignificant monument that can change, move or erode over time (Example: fence posts, marks on trees, etc.). 6. All prior annexations contiguous with the subject territory shall be shown listing the annexation number, the resolution number, resolving agency name, ordinance or official record number and recording date. 7. All dimensions needed to plot the boundaries must be given on the map of the subject territory. Each map shall have numbered courses matching the written geographic description. All courses shall be numbered and described with bearings and distances written in a consistent clockwise direction. All courses required to close the traverse of the subject territory shall be drawn. All curves shall be described by direction on concavity. Delta, are length, chord and radius, including radial bearing for all points.of non -tangency shall be listed. Index tables may be utilized. 8. Every map must clearly indicate all existing streets, roads, and highways, together with the current names of these thoroughfares, within and adjacent to the subject territory. The relationship of the subject territory to street rights -of -ways and street centerlines must be clearly indicated. Other pertinent physical features should be included. Do no include topographic contour or elevation lines unless they are specifically called out in the geographic description. 9. The boundaries of the subject territory shall be distinctively delineated on the map without obliterating any essential geographic or political features. The boundaries of the subject territory shall be the most predominant line on the map. Boundary lines that are delineated by a line that exceeds w.5 millimeter in width shall be rejected. The use of graphic tape or broad tip marking pens to delineate the boundary is not acceptable. 10. All parcels within the subject territory that touch the new boundary shall be clearly labeled with the assessors parcel number. Interior parcels that do not touch the exterior boundary need not be identified. 11. If the subject territory has interior islands of exclusion, or the boundary has a peninsula of exclusion (or inclusion), that area(s) shall be shown enlarged in a marginal sketch. This sketch shall be of sufficient size and scale to allow Tax Area Services to plot the boundary without difficulty. The parcels in the sketch that touch the boundary shall be clearly labeled with the assessor parcel numbers. 12. When it is necessary to use more than one map sheet to show the boundaries of the subject territory, http://lalafco.co.1a.ca.us/form04.htm Change of Jurisdictional Boundary the sheet size shall be uniform. A small key map giving the relationship of the several sheets shall be furnished. Match lines between adjoining sheets shall be used. While the geography on adjoining sheets may overlap, the project boundaries must stop at the match lines. Tax Area Services has standardized on the D size (24" X 36") map sheet, but will accept larger or smaller map sizes depending on the size and complexity of the individual single area. 13. Maps of the subject territory shall be drawn to these standard minimum scales: (For a multiple -area filing, the size and complexity of each single area should govern the map scale.) Acreage within Minimum Project Area Mgp Scales 1— 40 acres 1" = 100' 41 — 2000 acres I" = 200' 201— 1000 acres I" = 400' or 1" = 800' Over 1001 acres 1" = 800' or 1" = 1200' 14. If any segment of the boundary is shorter than 1/40 of the map scale (i.e., 10 feet on a 1" _ 400' scale map) that segment should be shown enlarged in a marginal sketch. C. ELECTRONIC/DIGITAL MAPS: It is strongly recommended that all maps submitted to the State Board of Equalization be filed in electronic/digital form . 1. Media: 3.5' diskette, double -sided high-density (1.44) mg). Please use separate disks for each filing. The diskette shall have an adhesive label applied that states: a. the agency and/or special district submitting the map b. name of the project/short title c. number of diskettes for the filing d. county name(s) 2. File Format: Tax Area Services will only accept files in Auto CAD .dwg format. Drawing shall be in vector format only. Raster files, raster -vector hybrid, tiff, .pcx, .eps or any other drawing formats will be rejected. Tax Area Services will not accept a print file. 3. Compressed Files: Tax Area Services will only accept files that have used PKZiP as the compression tool or is compressed as a self -extracting file. A copy of PKUNZIP must be included on the diskette. It is preferred that uncompressed files be sent. 4. Required files: The diskette shall contain only the following files: a. map/drawing files(s) b. ASCII text file labeled "read—me.txt: listing the name, address and phone number of the agency/special district; county name, city name (if applicable), project/short title of the action; name, address and phone number of office that prepared the map file; list of files on individual diskettes (if more than one diskette is sent for the action), California State Plane Coordinate System zone and datum (NAD '83 OR '27), any http://lalafco.co.1a.ca.us/form04.htm Change of !unscscttona .-_,ounc.ary other pertinent data that relates to the map files only. Please be brief. c. PKUNZIP if the drawing is a compressed file 5. Contents of rnap files: Maps that are filed electronically shall conform to the same regt.ii ements for a manually drawn amp as described in this document (Item 3.B.1 through 3.B.14). 6. Plotting: Themap must be plot ready without requiring any additional work by the Tax Area Services staff. The maps will be plotted out and shared with other departments and agencies in paper format. Digital information will not be shared without the permission of the applicant. The map drawing file shall have the same appropriate borders, legends, title blocks, signature block and any necessary information that is required for a manually drawn map. Sheet size and plotting scale shall be listed in the "read_me.txt" file. 7. Scale: The drawing shall be at real-world scale. 8. Line types: All line types shall be continuous with the exception of street centerlines. 9. La31rs: The drawing file(s) shall contain, but not limited to, the following three layers. a. Boundary: The complete perimeter boundary of the subject territory. Any portion of the boundary coterminous to an existing boundary shall be drawn. The boundary shall be drawn as a closed figure. A segment of the existing district boundary sufficient to establish the relationship of the subject territory to the district shall be drawn. This shall apply to both contiguous and non-contiguous relationships to the existing district boundary. b. Background: All line work to delineate existing lot lines and other pertinent physical features (rivers, streams, canals, etc.) within and adjacent to the subject territory; centerlines for all streets, roads, highways including dimensions and labels, directly relating to the perimeter boundary of the subject territory; right-of-way for all streets, roads, highways, including dimensions and labels, directly relating to the perimeter boundary of the subject territory; Township and Range and section lines with appropriate labels, use when applicable. This may be multiple layers if named appropriately. The vicinity map shall be on this layer. C. Border: Borderlines, north arrow, scale, title blocks, signature block and all associated text. 4. DEFINITIONS AND SPECIAL FEE PROVISIONS: A. "Single area," means any separate geographical area regardless of ownership. A lot, subdivision or a township should each be a "Single area". For the purpose of this schedule a geographical area, which is divided into two or more parcels by a roadway, railroad right-of-way, river or stream, shall be considered a "Single area". Separated geographic areas that are not contiguous to each other shall not be considered a "Single area". A "Single area" does not include two areas that are contiguous to an existing boundary of a city or district but not to each other. B. "Contiguous" shall be defined as two polygons that share a common line segment. C. "Zones" include temporary zones in highway lighting districts, other zones, zone of improvement, zone of benefit, improvement districts, or any other sub -units of a county, city or parent district. D. "Concurrent transaction" includes any combination of formations, annexations and withdrawals of a single area under one resolution or ordinance. The fee shall be according to the fee schedule, Section 5; there is no additional costs for the number of transactions involved. If there is more than one resolution or http://Ialafco.co.1a.ca.us/form04.htm Change of Junsoctiona _�-ounc.ary ordinance, e a:h single area must be separately computed under the fee schedule, Section 5. E. The fees in &-,ction ` of this schedule are based on the concept that any given action is confined to a single county. If mere than one county is involved, add $300.00 for the second and each additional county involved. F. Coterminous transaction: If an annexed or detached territory comprises an entire city, district, or zone without affecting the existence of that city, district or zone, the total processing fee shall be $300.00. If the coterminous transaction contains areas of exclusion, each area of exclusion shall be considered a single area transaction and all requirements shall apply and the fees calculated as such. Example: A district is formed coter vinous with a city boundary and contains two areas of exclusion of four acres each; the total fee is $1,060 (see Section 5, Schedule of Processing Fees). G. Payment of the fee for formation of a city or district may be deferred until that city or district receives its first revenue (Section 54902.5 Government Code). Each deferment shall be subject to a $35 billing charge. IMPORTANT: IF YOU HAVE AN UNUSUAL SITUATION OR ARE UNSURE, DO NOT GUESS AT THE FEE, CALL (916) 322- 7185 OR WRITE TO: TAX AREA SERVICE SECTION, STATE BOARD OF EQUALIZATION, 450 N STREET, MIC: 59, PO BOX 942879, SACRAMENTO, CA 94279-0059 FOR HELP TO DETERMINE THE CORRECT FEE. 5. SCHEDULE OF PROCESSING FEES: See Section 4 for definitions and modifications of the fees under certain circumstances. Multiple area filings for special revenue districts shall be calculated as a singe area transaction for each area separate!. A separate fee must be computed for each ordinance or resolution. All fees are required at the time of filing. Please make checks payable to the State Board of Equalization. Single Area Transactions: Acreage within Single Area The following transactions may supersede sub 'ect territory Mapping fee or combine with the single area transaction fee schedule Less than 1 acre $300 Deferral of Fees $35 1 — 5 $350 Additional County per transaction $300 6-10 $500 Consolidation per district or zone $300 11-20 $800 Entire district transaction $300 21-50 $1,200 Coterminous transaction $300 51-100 $1,500 Dissolution or Name change $0 101-500 $2,000 501-1,000 $3,000 1,001-2,000 $3,000 2,001 and above $3,500 Back to Top Backto Forms Page http://Ialafco.co.1a.ca.us/formO4.htm Resolution No. A RESOLUTION OF APPLICATION BY THE CITY COUNCIL OF THE (insert name of city) REQUESTING THE LOCAL AGENCY FORMATION COMMISSION TO INITIATE PROCEEDING FOR THE REORGANIZATION OF TERRITORY RESOLVED by the City Council of the (Insert name of city) WHEREAS, the (Insert name ofcity) , that, desires to initiate proceedings pursuant to the Cortese -Knox Local Government Reorganization Act of 1985, commencing with Section 56000 of the California Government Code, for a reorganization which would concurrently annex territory to the (Insert name ofcity) and detach territory from (Insert name of agency) ; and, WHEREAS, notice of intent to adopt this resolution of application has been given, and this Council has conducted a public hearing based upon this notification; and, WHEREAS, the principal reasons for the proposed reorganization are as follows: (State principal reasons) ; and, WHEREAS, the following agency or agencies would be affected by the proposed jurisdictional changes: Agency (Insert agency name) Nature of Change (i.e., annexation, detachment) http://lalafco.co.1a.ca.us/form05.htm Initiate Proceedings for ne _�eorgamzation o: .. ern .ur. y and, WHEREAS, the territory proposed to be reorganized is Inhabited/ Uninhabited (use one), and a map and description of the boundaries of the territory are attached hereto as Exhibits A & B and by this reference incorporated herein; and, WHEREAS, it is desired to provide that the proposed reorganization be subject to the following terms and conditions: (List of terms and conditions or insert "None") and, WHEREAS, this proposal is consistent with the adopted spheres of influence for all of the agencies which would be affected by reorganization; and, WHEREAS, this Council certifies that: (Insert findings pursuant to cEQA) (Insert if applicable) WHEREAS, this Council has determined that this proposal meets the http://Ialafco.co.1a.ca.us/formO5.htm ..emtory criteria for waiver of Conducting Authority proceedings as set forth in Government Code Section 56837(c); NOW, THEREFORE, this Resolution of Application is hereby adopted and approved by the City Council of the (Insert name of city) Formation Commission of (Insert name) take and the Local Agency County is hereby requested to proceedings for the annexation of territory as authorized and in the manner provided by the Cortese -Knox Local Government Reorganization Act of 1985. PASSED AND ADOPTED this day of Council of the State of California, by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: (Insert Name), City Clerk Back to Forms Page http://Ialafco.co.la-ca.us/formO5.htm County of (Insert Name), Mayor City Council 19_, by the City —os Angeles 1—oumy —onunzssioner5 L 0 S A N G E L E S C Q U N T X Los Angeles LAFCO Structure Two members from the Board of Member: Yvonne Burke - Supervisors appointed by the Board Supervisor, Second District Of Supervisors. Member: 7.ev Yaroslaysky - Supervisor, Third District One alternate from the Board of Supervisors appointed by the Board of Supervisors. One public member from the San Fernando Valley statistical area. not a member of the Board of Supervisors, appointed by the Board of Supervisors. One alternate public member appointed by the Board of Supervisors. Two members representing the 87 cities in the county. Must be a city officer and appointed by the City Selection Committee. One alternate appointed by the City Selection Committee. One member from a city representing 30% of the total population of the county who is a member of the legislative body from that city. Must be appointed by the presidine officer of that legislative body. Alternate appointed by the same. One member from the «eneral public appointed by the other eight Commissioners. Alternate appointed by the same Two members appointed by the Independent Special District Selection Committee. Alternate: Don Knabe - Supervisor. Fourth District Member: James DiGuiseppe Alternate: Richard Close Member: Thomas Jackson - City of Huntington Park Member: Beatrice Proo - City of Pico Rivera Alternate: Cristina Cruz -Madrid - City of Azusa Member: Hal Bemson - C.ouncilman. City of Los Angeles Alternate: John Ferraro - Councilman. City of Los Angeles Member: Henri Pellissier Alternate: Kenneth Chappell Members: Larry Connelly - Little Rock Creek. Irrigation District William Wentworth - Walnut Valley Water District Alternate appointed by the same. Alternate: Gordon Knopp - Las Vir.-ines Municipal Water District Los Angeles County LA -(-U v eettng 3c iec.u_e L U S A N G E L E S C Q U int T Y Bac;1 http://Ialafco.co.1a.ca.us/lafco—sched.htm n I to CITY COUNCIL STUDY SESSION ANNEXATION REPORT Tuesday, March 7, 2000 5:00 P.M. A.Q.M.D. Room CC -2 MEETING DATE: TO: FROM: SUBJECT: ISSUE STATEMENT: CITY COUNCIL REPORT AGENDA NO March 7, 2000 Honorable Mayor and Members of the City Council Terrence L. Belanger, City Manager Amended Annexation Report This is an informational item for the City Council Study Session. RECOMMENDATION: It is recommended the City Council discuss the results of the amended annexation report and direct staff as appropriate. FINANCIAL STATEMENT: BACKGROUND: On February 1, 2000, the staff prepared an updated report on the annexation of four existing housing tracts and an expanded report to include additional residential developments and vacant land. Staff also prepared an update to the preliminary cost -benefit analysis report for annexation of the four above listed housing tracts and an informational report on the overall annexation process for discussion at the City Council Study Session. After review of the annexation report, the City Council requested the following items be added to an amended annexation report: 1. Details on the Shell Oil property located on the east side of the SR 57 freeway. 2. Details on the land within the City of Diamond Bar's sphere of influence. In an effort to relate the new information with the previous report, staff has provided key points and a summary of the previous annexation report as a part of the amended report. Also, per the City Council's request, staff prepared additional report information on school jurisdiction and law enforcement for the above listed properties. KEY POINTS/SUMMARY OF PREVIOUS ANNEXATION REPORT Annexation results in added territory. For the City of Diamond Bar, added territory results in a larger city. Nevertheless, if annexation occurs, Diamond Bar must take the added responsibility of maintaining a larger city. The purpose of the previous annexation report was to help determine if the City of Diamond Bar would like to pursue annexation. It is an informational report that outlined the annexation process and also looked at specific areas considered for annexation.. The areas included the existing residential tracts and golf course located south of the SR 60 freeway, east of Fairway Drive/Brea Canyon Cutoff and vacant land owned by Shell Oil located west of the SR 57 freeway and south of Pathfinder Road to the Los Angeles County border. Areas considered for annexation are unincorporated and belong to the County of Los Angeles. If annexation occurs, it is anticipated the added territory will generate additional revenues. The City relies on property tax and sales tax revenues. Nonetheless, staff evaluated the anticipated property and sales tax revenues generated by the areas considered for annexation. Under Proposition 13, property taxes are limited to one percent of a property's assessed value. Moreover, the permanent state sales tax is six cents for every dollar of retail sales. Of that six cents, one cent is given to local government. The one -cent is returned to the local government based on the location where the retail sale occurred. Additionally, a city receives state subvention funds such as the Highway Users' Gas Tax, Motor Vehicle Licensing Fees, AB2766 funds, Franchise Fees, Proposition A and Proposition C funds. Anticipated additional state subvention funds were also included in the previous annexation report. If annexation occurs, it is also anticipated the added territory will create costs for the City to bear. The previous annexation report evaluated costs associated with police, fire, school, and recreation services, along with street and public works. AMENDED ANNEXATION REPORT Shell Oil Property The Shell Oil properties are located on both the west and east sides of the SR 57 freeway. (See attached Supplemental Map for Shell Oil Properties) The Shell Oil properties encompass approximately 1,357 acres of land, which is presently vacant. In an effort to be consistent with the previous annexation report, staff attempted to provide a preliminary cost -benefit analysis. With respect to anticipated benefits, staff again evaluated property and sales tax revenues. According to the Experian property database, the County of Los Angeles collects approximately $32,489.01 in property taxes. However, the amount of current property tax revenue collected may not accurately reflect the anticipated revenues. The anticipated property tax revenue will be based on the type of land 2 use and development in that area and population size. The City has not yet determined if a specific type of land use and development should occur on the Shell Oil properties. With respect to costs, the actual costs will also be dependent on the type of land use and development. Once development occurs, it is anticipated that a good portion of the costs will be paid for by developers. Sphere of Influence The sphere of influence is a boundary which delineates lands outside the City, but are lands that could eventually become a part of the City. The sphere of influence is often referred to as the ultimate city boundary. The City of Diamond Bar's sphere of influence is located east of the SR 57 freeway and Shell Oil properties, south of the City's limits to the Los Angeles/ Orange County border. (See attached General Plan Map) The City of Diamond Bar's sphere of influence was first approved by the Los Angeles County Local Agency Formation Commission (LAFCO) on August 8, 1990. It encompasses approximately 2,900 acres or 4.5 square miles of land, which contains the middle portion of Tonner Canyon and the Tonner Canyon watershed. The lower portion of the canyon is within San Bernardino County. Much of the middle portion of Tonner Canyon is considered a "significant ecological area" by the County, and contains extensive oak woodland, riparian (stream -side), chaparral, and coastal sage vegetation, along with a diversity of native wildlife. The General Plan land use designation for land within the sphere of influence is Agricultural (AG). This land use designation requires a maximum of 1 dwelling unit per five acres. Moreover, the zoning district is Agricultural (AG). The AG zoning district is intended for application to areas upon annexation to the City, where low density residential uses, agricultural and compatible open space uses, and public facility and recreation uses are desired. The maximum allowed density for new single-family residential development is one dwelling unit per five acres. According to the Experian property database, the County of Los Angeles collects approximately $38,451.76 in property taxes. Again however, the amount of, current property tax revenue collected may not accurately reflect the anticipated revenues. The anticipated property tax revenue will be based on the type of land use and development in that area and population size. In this case, the City may consider changing the General Plan land use designation objective of AG and consistently changing the zoning district. With respect to costs, the actual costs will also be dependent on the type of land use and development. Once development occurs, it is anticipated that a good portion of the costs will be paid for by developers. School Districts The Shell Oil properties belong to the Rowland Heights School District. The greater portion of land within Diamond Bar's sphere of influence belongs to the Walnut Valley School District. The portion of land with Diamond Bar's sphere of influence, closest to east side of the SR 57 freeway belongs to the Rowland Heights School District. (See attached School District Map) The costs associated with impacting school district services will also depend on the type of land use and development and the population size. If the land use and development allows for a significant increase in the number of single family residential households with families, then there may be a higher demand for additional school district services. At the present time, the impacts are negligible since the land is vacant. Law Enforcement ■ Shell Oil Properties and Areas within Diamond Bar's Sphere of Influence The County of Los Angeles Sheriff's Department oversees the law enforcement for the Shell Oil properties and areas within the City of Diamond Bar's sphere of influence. According to records by the Walnut -Diamond Bar Sheriff's Department, the Shell Oil properties are identified as being part of Reporting District No. 2936 and 2937. (See attached Sheriff's Department Reporting District Map) Reporting District No. 2936 also contains the Diamond Ridge and Diamond Canyon residential neighborhoods located west of Brea Canyon Road and a portion of the Rowland Heights residential neighborhood. Therefore, the quantified data does not accurately reflect the crime rate for only the Shell Oil properties. There were a total of 261 calls for service and 104 reported crimes for Reporting District No. 2936 and 2937. Moreover, the areas within the City of Diamond Bar's sphere of influence is identified as being a part of Reporting District No. 2937, in which there were a total of 52 calls for service and 35 reported crimes. According to the California Highway Patrol, there were a total of 74 calls for service for Reporting District No. 2937. The calls for service include arrests, citations, and traffic collisions. The costs associated with impacting law enforcement services will depend on the type of land use and development and population size. In turn, there may or may not be a demand for law enforcement services. To quantify the demand, the law enforcement agencies will typically look at the total number of calls for service, along with the actual numbers of reported crimes. According to the Walnut - Diamond Bar Sheriff's Department, a minimum of one and a half deputies will be needed for additional law enforcement staff. The costs for one deputy is approximately $340,000. (See attached Sheriff's Department Memo) ■ Existing Residential Tracts in Areas Considered for Annexation Law enforcement was evaluated for the areas considered for annexation in the previous report. This includes the existing residential tracts and golf course located south of the SR 60 freeway, east of Fairway Drive/Brea Canyon Cutoff. Law enforcement services for these areas are currently provided by the Sheriff's Department. These areas are identified as being a part of Reporting District No. 2938. There were a total of 1806 calls for service and 230 reported crimes for Reporting District No. 2938. If annexation occurs, Diamond Bar will bear the responsibility of providing law enforcement services for the added territory. However, it is not anticipated the annexed areas will create a significant increase in crime rates. (See attached Sheriff's Department Memo) The costs for law enforcement services may increase, but it is anticipated the crime rate impacts will be negligible since the areas are already serviced by the Sheriff's Department and will continue to be serviced by them. CONCLUSION This amended annexation report was prepared to serve as an informational packet only. In conclusion, this additional information along with the previous report should be further discussed and considered prior to the annexation process. The City Council may wish to direct staff initiate an application for a new sphere of influence and/or make an application for annexation. The City Council may also want to notify staff of the boundaries for areas the City would like to pursue annexing. Also, as an attachment to this report, staff has provided a copy of a memorandum by the City Attorney, which outlines the provisions of the Cortese -Knox Act and the annexation election procedures. PREPARED BY: Sonya Joe Development Services Assistant attachments: Informational Report on the Annexation Process dated February 1, 2000 Updated Preliminary Cost -Benefit Analysis dated February 1, 2000 Preliminary Analysis for Annexation dated August 26, 1998 Application forms to initiate annexation process Los Angeles County LAFCO information Study Area Map Aerials Amended Annexation Report Supplemental Map for Shell Oil Properties General Plan Map Sheriff's Department Memo dated February 29, 2000 Sheriff's Department Reporting District Map School District Map Memo on Annexation Election Procedures Feb -29 -UV t -sera =ner9y - c. Industry La Puente % �County ojLos AA#cles — 7p Walnut VALLEYBLVD I I wal Corinrt O O / 2 < Industry N Industry . Lam. a n Bar ' COLIMA RD I c Cl Ln Aof ngeles vt ? r� N SUPPLEMENTAL MAP FOR THE SHELL OIL PROPERTIES r Location and Vicinity Lltlilith lit i� lti� _�.litLi'll`i� �_� -� �hrriff's �rtt;zritnrtt; i!is�:tilitLt:lrlrrj* _ r ..; D 1�LtD �i:t[nutt:� jililt tviiar '111 Ltf00.M�P utttrrru JJark. L7ltfurni.t 91 -11 LEROY D. BACA. SHERI`F C (909) 595-2264 - February 29, 2000 Terrence L. Belanger, City Manager City of Diamond Bar City Hall 21660 Copley Drive DiamondBw, Ca ifornia 91765 ,j t Dear Terry: In response to your request for some information regarding law enforcement activity in the proposed annexation area surrounding the city of Diamond Bar, my staff has come up with the following information. All of the proposed areas (reporting districts 2936, 2937, and 2938) at the current time are jointly patrolled by Sheriff's personnel and California Highway Patrol (CHP) personnel. The Sheriff's personnel are assigned to the Walnut/Diamond Bar Station and the CHP officers work out of the Santa Fe Springs Office. Sheriffs' personnel handle the crime issues and preventive patrol as part of the unincorporated patrol area for Rowland Heights, and the CHP handles the traffic issues as mandated for unincorporated areas of the County. A breakdown of the Sheriff's responses during year 1999 is as follows: • Reporting district 2936 is primarily residential property and has a few local businesses. There were 209 calls for service and 69 reported crimes. Reporting district 2937 is primarily residential property and undeveloped land. There were 52 calls for service and 35 reported crimes. • Reporting district 2938 is very heavily populated. It has residential property and many local businesses. There were 1,806 calls for service and 230 reported crimes. The CHP indicated that their role in these three reporting districts is primarily handling calls for service. There is very little preventive patrol. Their major obligation in this immediate area is providing traffic enforcement on the adjacent 57 freeway. According to their data, they handled 74 service incidents in this area during 1999. This number included calls for service regarding traffic collisions, traffic related arrests from observations, and the issuance of citations to traffic violators. _irr: �%it�on Terrence L. Belanger, City Manager - 2 - February 29, 2000 In totality, handling all of these calls for service and providing traffic enforcement in these areas would be a rather significant burden on the existing patrol items currently assigned to the city of Diamond Bar. A logical deduction for staffing the proposed annex areas would be to have at least one deputy available around the clock. However, this single item contract, in our purview, does not take into consideration the existing city of Diamond Bar contract, and a stand alone contract item would be a significant cost increase (approximately $670,000) to the existing contract. Our proposal, one we believe would suffice and enhance the existing contract and provide sufficient coverage for the proposed annex areas, would be as follows: Add one 56 -hour car to cover an overlap shift of the day shift and the PM shift. Increase the existing 40 -hour overlap car that covers the PM and EM shift to a full 56 - hour car, providing overlap coverage seven days a week. The approximate costs to add this additional coverage to the existing contract would be approximately $340,000 per year. This figure is about half of what a single around the clock deputy would cost. It should be noted that since the city of Diamond Bar implemented the overlap car on the PM and EM shift, the response times to calls for service during shift change has dropped dramatically. I believe this benefit would also be witnessed if an overlap car were added to cover the Day and PM shift. Submitted with this letter is a map showing the annex areas as they relate to the Sheriff's Department's respective reporting districts and a statistical report of crimes reported for each of the respective reporting districts. If you have any questions or additional concerns, feel free to give me a telephone call. Sincerely, Y D. BACA, SHERIFF Richard J. Martinez, Ca tain Commander Walnut/Diamond Bar St TAS dkVi i it 's +.dd,� t y0"•alq� i =f .� .X!!IfA Si a} !"t _ R U SEE AERIAL #2.. � S ,� • �iR r�f _ �to �'� � � � V* : a' •-� , 9 . � "`'� � .✓ Y y p 2 n2` A ' { SEE AERIA E ; Sunset Ridge SHELL PROPERTY Monte Verde : Diamond Ridge j Diamond Canyon '"� Tract No. 9058 29 3 f Tract No_ 27141 LOS ANG ES COUNTY Tract No.25710 Tract No. 28140 ' t Tract No. 28554 Tract No, 31213 Tract No. 31550Tract -No. 31845 UA Tract No. 44301 Shen Property j NOU-ST `SEE AERlA1 #1 rrad�. TAS dkVi i it 's +.dd,� t y0"•alq� i =f .� .X!!IfA Si a} !"t _ R U SEE AERIAL #2.. � S ,� • �iR r�f _ �to �'� � � � V* : a' •-� , 9 . � "`'� � .✓ Y y p 2 n2` A ' { SEE AERIA E ; Sunset Ridge SHELL PROPERTY Monte Verde : Diamond Ridge j Diamond Canyon '"� Tract No. 9058 29 3 f Tract No_ 27141 LOS ANG ES COUNTY Tract No.25710 Tract No. 28140 ' t Tract No. 28554 Tract No, 31213 Tract No. 31550Tract -No. 31845 UA Tract No. 44301 Shen Property System: LARCIS Los Angeles County Sheriffs Department Rpt. ID: G -004-B CRIME INFORMATION REPORT ALL CRIMES R D 2938 REPORT DATE: 01/01/1999 to 12/31/1999 Crime Stat Count STATION -WALNUT ROBBERY, WEAPON (03) 2 ASSAULT, FELONY (05) 5 _ BURGLARY, RESIDENCE (06) 15 BURGLARY, OTHER STRUCTURE (07) 10 GRAND THEFT (08) 15 GRAND THEFT VEHICLE (GTA) (09) 7 WORTHLESS DOCUMENTS/FORGERY (10) 6 FRAUD (11 ) 2 ASSAULT, MISDEMEANOR (14) 5 WEAPON LAWS (15) 1 DEFRAUDING (16) 2 OFFENSES AGAINST FAMILY (17) 1 NARCOTICS (18) 9 DISORDERLY CONDUCT (21 ) 6 VEHICLE AND BOATING LAWS (25) 10 VANDALISM (26) 18 ARSON (27) 1 RECEIVING STOLEN PROPERTY (29) 1 FEDERAL OFFENSES WITH MONEY (31 ) 1 FELONIES, MISCELLANEOUS (32) 1 FELONIES, MISCELLANEOUS (33) 1 VEHICLE BURGLARY (34) 14 THEFT, PETTY ($400 OR LESS) (38) 5 MISDEMEANORS, MISCELLANEOUS (39) 8 PERSONS MISSING OR FOUND (40 ) 13 NON -CRIMINAL (44 ) 28 SUICIDE AND ATTEMPT (45) 4 MENTALLY ILL (46) 1 PERSONS DEAD (49) 3 MISCELLANEOUS (50) 13 REASONABLE CAUSE ARRESTS (60) 1 VEHICLE/BOAT, OTHER NOW (73) 21 CRIMINAL Report Total 230 02/0912000 Page: 1 — -- — Version: 1.01.05.0 System: LARCIS Los Angeles County Sheriffs Department Rpt. iD: G-004-8 CRIME INFORMATION 0210912000 REPORT ALL CRIMES R C 2936 REPORT DATE: 01/01/1999 to 12/31/1999 Page: 1 Crime Stat Count STATION -WALNUT ROBBERY, STRONG-ARM (04) 3 ASSAULT, FELONY (05) 3 - BURGLARY, RESIDENCE (06) 6 BURGLARY, OTHER STRUCTURE (07) 1 GRAND THEFT (08) 4 GRAND THEFT VEHICLE (GTA) (09) 1 WORTHLESS DOCUMENTS/FORGERY (10) 4 FRAUD (11 ) 2 SEX FELONIES (12 ) 1 ASSAULT, MISDEMEANOR (14 ) 3 NARCOTICS (18) 2 DISORDERLY CONDUCT (21 ) 1 VEHICLE AND BOATING LAWS (25) 1 VANDALISM (26) 5 THEFT, PETTY ($400 OR LESS) (38) 5 MISDEMEANORS, MISCELLANEOUS (39) 1 PERSONS MISSING OR FOUND (40) 4 NON -CRIMINAL (44 ) 10 MISCELLANEOUS (50) 4 JUVENILE CITATION (72) 1 VEHICLEIBOAT, OTHER NOW (73) 7 CRIMINAL Report Total 69 Version: 1.01.05.0 System: LARCIS Los Angeles County Sheriffs Department Rpt. ID: G -004-B CRIME INFORMATION REPORT ALL CRIMES R c 2937 REPORT DATE: 01/01/1999 to 12/31/1999 STATION -WALNUT Crime Stat Count ROBBERY, STRONG-ARM (04) 1 ASSAULT, FELONY (05) 1 BURGLARY, RESIDENCE (06) 2 BURGLARY, OTHER STRUCTURE (07) 1 GRAND THEFT (08) 5 GRAND THEFT VEHICLE (GTA) (09) 1 SEX FELONIES (12) 1 ASSAULT, MISDEMEANOR (14) 3 NARCOTICS (1$) 6 DISORDERLY CONDUCT (21 ) 1 DRUNK DRIVING - VEHICLE/BOAT (24) 1 VEHICLE BURGLARY (34) 2 PERSONS MISSING OR FOUND (40) 1 NON -CRIMINAL (44) 3 MISCELLANEOUS (50) 1 JUVENILE CITATION (72) 1 VEHICLE/BOAT, OTHER NOW (73) 4 CRIMINAL Report Total 35 02/09!2000 Page: 1 Version: 1.01.05.0 USER NO: 5674 MEMO: RICHARDS, WATSON & c3ERSHON ANNEXATION ELECTION PROCEDURES Attorneys at Law 333 South Hope Street - 38th Floor Los Angeles, California 90071 Telephone: (213) 626-8484 Fax: (213) 626-0078 DATE: February 9, 2000 TO: Terrence Belanger City Manager RECEIVING TELECOPYING NO.: (909) 861-3117 FROM: Michael Jenkins OUR FILE NO.: 113 90.0001 TOTAL PAGES: (induding this coven sheet): T DOCUMENT: Memo re Anexation eleytion procedures REMARKS: Thought this might be useful. (If you have difficulty receiving any pages, please telephrne our service center at (213) 253-0420) Attention Fax Operator and Other Recipients This fax contains privileged and confidential information intended only for the use of the intended recipient named above. If you are not the intended recipient, you are hereby notified that any copying of this fax or dissemination of it or its contents to anyone other than the intended recipient is strictly prohibited. If you have received this fax in error, please immediately notify us by telephone to arrange its retuua to us at our expense. Sent: date time by RICHARDS. WATSON & GERSHON MEMORANDUM To: Terry Belanger v FROM: Michael Jenkins DATE: February 9, 2000 SUMUECT: Annexation - Cortese -Knox At last Tuesday's study session, Mayor O'Connor asked a question regarding the circumstances under which an annexation election is required. This issue is governed by.the Cortese -Knox Local Government Reorganization Act (Gov. Code 5 56000 et seq.11) (the "Act") . This memorandum, which you may wish to share with the Council, discusses the relevant provisions of the Act in response to that question. As you know, under the Act, LAFCo proceedings for annexation of territory may be brought by resolution of the affected local agency or by a petition containing the required signatures of landowners or registered owners. [Sections 56800(a), 56753, respectively]. The Act further requires the resolution or petition to specify whether the city will succeed to any existing Williamson Act contracts -21 [Sections 56800.3, 56700.31 The Act sets forth when the conducting authority2i must terminate an annexation proceeding, approve an annexation without an election, or hold an election proceeding. Following please find a brief summary of these requirements. All statutory references are to the Government Code unless otherwise specified. 2/ The Williamson Act, also known as the California Land Use Conservation Act of 1965, which is codified at Government Code 5 51200 et seq., pertains to agricultural preserves. I/ with respect to annexations involving a city, the conducting authority is the legislative body of the affected city. [Section 560291 M3:pgb x9177.99999 0366399.A RICHAWS, WATSON as GEF0H0N MEMORANDUM Terry Belanger February 9, 2000 Page 2 I R trict se al i. Lovide+athat tar ownerssof1ct—this is land withinathe9districtoarePentitled act provides that to vote on the election of district officers, bonded indebtedness, or other district matters. [Sections 56050 Rule: The conducting authority must terminate the annexation proceedings if So% or more of the voters entitled to vote as a result of owning land within the district have filed and not withdrawn written protests. [Sections 57076 (a) S7078 (c) ] 2. Registered -voter districts or cities—these are districts or cities whose principal act provides that registered voters that reside in the district are entitled to vote for the election of district officers, incurring of bonded indebtedness, or any other district matter. [Section 560721 a. Inhabited territory—this is territory that has twelve or more registered voters residing in the territory. Rule: The conducting authority must terminate the annexation proceeding if 5o% or more of voters residing in the territory have filed and not withdrawn written protests. [Sections 57075(b)(1), 57078(b)1 b. uninhabited territory—this is territory that does not have at least twelve registered voters residing in the territory. [Section 560461 Rule: The conducting authority must terminate the annexation proceedings if the landowners owning 50% or more of the assessed value of the land within the territory have filed and not withdrawn written protests. [Section 57078(a)] 1. LAFCO may approve an annexation without an election if all of the landowners within the affected territory consent in writing to the annexation. Rule: The Act authorizes LAFCO to approve an annexation to a city without notice or hearing and to authorize the conducting authority to proceed without notice, hearing, MJ:pgb 99999-99999 056639I.A RICHARDS, WATSON & QE LHON MEMORANDUM Terry Belanger February 9, 2000 Page 3 and/or election if the petition or the resolution offer satisfactory proof that all of the landowners within the affected territory have given written consent to the annexation. [Section 568731. 2. XWCO may approve an annexation without an election if the territory meets all of the criteria in Section 56375(d). Rule: The Act authorizes LAFCO to either approve an annexation to a city atter notice and hearing and to permit the conducting authority to proceed without an election, or to waive the conducting authority proceedings, if LAFCO finds that the territory meets -@,U of the following criteria: (a) The area to be annexed does not exceed 75 acres in area. (b) The' area is an island and the island does not constitute part of an incorporated area which is more than 100 acres. (c) The area is surrounded in -either of the following ways: (i) it is surrounded, or substantially surrounded, by the city to which annexation is proposed or by the city and a county boundary or the Pacific Ocean; (ii) it is surrounded by the city to which annexation is proposed and adjacent cities. This subdivision, however, does not apply to a territory that is a gated community that has services provided by a community services district. (d) The area is substantially developed or developing. LAFCO may base this finding on several factors, including, the availability of public utility services, the presence of public improvements, or the presence of physical improvements upon the parcel or parcels within the area. (e) The area is not prime agricultural land, as defined by Section 56064. (f) And the area will benefit from the annexation or is receiving benefits from the annexing city. [Section 56375(d)) If LAFCO approves and authorizes an annexation without an election under Section 56375(d), the Act requires the conducting authority, to adopt a resolution within 35 days after the LAFCO hearing that either orders the annexation without an election or terminates the proceedings. [Section 570801 MJ:pgb 99990-99939 OSG6199.A RICHARDS, WATSON & GEASHON MEMORANDUM Terry Belanger February 9, 2000 Page 4 3. _Special rule applies to a proposed annexation that involves inhabited territory with more t�oa00,000 Of reside t000. that is located in a co=ty with a popul Rule. The Act provides that a city may order annexation without lection if less than 15% of the registered voters in the territory or 1088 than 15% of the owners of land who own less than 15% of the total assessed value of land within the territory have filed and not withdrawn written protests. [Section 57075.5(c)] 4. Land -owner -voter districts. Rule: The conducting authority may order the annexation without an election if less than 25% of the number of owners of land who own less than 25% of the assessed value of land within the affected territory have filed and not withdrawn written protests. [section 57076(c)] 5. Registered -voter districts or cities. a. Inhabited territory. Rule: In inhabited territory, the conducting authority can order the annexation without an election if less than 25% of the registered voters or leas than 25% of the number of owners of land who own less than 25% of the assessed value of land within the affected territory have filed and not withdrawn written protests. [Section 57075(x)(3)] b. Uninhabited territory. Rule: The conducting authority may order the annexation if owners of land who own less than 50* of the total of land within the affected territory have filed and not withdrawn written protests. [Section 57075(b)(2)) The Act further authorizes LAFCO to order that an annexation be confirmed by the voters in an election conducted within the territory of a city to which the annexation is proposed if certain written protest criteria are satisfied. [Sections 56375(g), 568501 Different rules apply to inhabited territory with more than 100,000 residents, registered -voter districts, and landowner districts. MJ:pgb 99999-!7999 0966398.71 (-UOHAMM. WATSON & GERSHON MEMORANDUM Terry Belanger February 9, 2000 Page 5 1. Inhabited territory with more than 1000000 residents, located in a county 'with a population of over 4,000,000. Rule: A city may order that the territory be annexed s f v if either 15% of the registered voters or 15� oz.more of the number of owners of land who own not less than Is% of the total assessed value of land in the territory havefiled and not withdrawn written protests. [Section 57075.5(b)] 2. Registered -voter districts or cities involving inhabited territory. Rule: The conducting authority must hold an election if either (1) at least 25k, but less than 50% of the registered voters residing in the inhabited territory or (2) at least 25% of the number of owners of land who also own at least 254 of the assessed value of land within the affected territory have filed and not withdrawn written protests. [Section 57075 (a)(2)] 3. Land-o'wner districts. Rule: The conducting authority must hold an annexation election if either (1) 25t or more of the number of owners Of land who also own 25% or more of the assessed value of land within the territory or (2) 254 or more of the voting power of landowner voters entitled to vote as a result of owning property within the territory have filed and not withdrawn written protests. [Section 57076(b)] Section 57150 sets forth the requirements for payment of election costs. It states, in pertinent part: "All proper expenses incurred in conducting elections for a change of organization or reorganization pursuant to this chapter shall be paid, unless otherwise provided by agreement between the conducting authority and the proponents, as follows: "(a) In the case of annexation or detachment proceedings, by the local agency to or from which territory is annexed, or from which territory is detached, or was proposed to be annexed or detached." [Section 571503 mi: pgb 22999-s9990 054630o.A j;kICHARDS, WATSON 3 GEFISHON MEMORANDUM Terry Belanger February 9, 2000 page 6 Thus, unless the proponents of an annexation and a city have an agreement with respect to the election costs, the city is responsible for such costs. MJ:pgb 99099-99999 0599300.) TOTAL P.07 r City of Pomona , ti , �tOssm� �a City of Industry M Rl ® RL a RL 77K RL 1L 41 RL i as s City of Chino Hills JRR Rural Residential (max. 1 du/acre) JRL Low Density Residential (max. 3 du/ocre) IRLY Low -Medium Residential (max. 5 du/acre) RM Medium Density Residential (+nay. 12 du/ocre) RMH Medium High Density Residential (max. 16 du/acre) IRH High Density Residential (max. 20 du/acre) IC General Commercial (max. 1.0 FAR) CO Commercial/ Office (max. 1.0 FAR) IOP Professional Office (max. 1.0 FAR) I Light Industrial (max. 1.0 FAR) PF Public Facility W Water F Fire 10, NO 01-rWINUR A01\I S School PK Pork GC Golf Course OS Open Space PR Private Recreation AG Agriculture (max. i du/S acres) SP Specific Plan Overlay I pq,4: PA Planning Area Gr ^` City Boundary ,`' Sphere of Influence Significant Ecological Area r,o Hi I Is GENERAL PLA LAND USE M, ADOPTED - July 25,199! scale I 0 1800' 3600' n< Figur INWO I - - c" RA .2. NARD11YO F RIf E 5 4t, VALLEY MWD $ -r— N M—= EMPLE 6 6 Pomona School District Owl rI it 01= ir id Heights School District Ape L Walnut Valley Unified School District 41' Hin %g�.k4rw- pow rr nd Heights School District 1w OF % Walnut Valley Unified School District "Y � \MFAMM w~ wumm 4"8600, AMMM or xwr StAwAmm dvlrxgw Awn" aw or -qwwpw--- D E SCHOOL DISTRICT BOUNDARY MAP = t A S' ME .3 IM D. WN.U. ap I ST --- A1R !L �+ s sen / '' - r _ LLEARo srC09 AWALESE. CWT NS ST S rt r INE r 9 L W VALLEY -LEY V6 N aA? VALLEY -0 AV AV SAN �JME� 4 UP yll ST II -16 Al Sl U. VBIN cl SEE AERIAL #1 Q%fSEr, ST III m FS N COLIM4 $1 T is T 0, .—LEN ST ,am ST -1 R.U.S.D. 'IT 4 lmodL .10 SEE AERIAL #2 N vt X A yt"* J, ST sl .. m4 , " es, ARK pt SEE AERIAL SIP-% -F. Ridge SHELL PROPERTY Verde rid Ridge . . . . . . . * rid Canyon lo. 9058 1 nQ AMMMI CC Ab L S- Al SEE -6 J, ME Ridge /erde d Ridge d Canyon �. 9058 ).27141 ).25710 ).28140 ).28554 ).31219 ).31550 1-31845 1.44301 )perty LOS ANGELES COUNTY STUDY AREA MAP CITY OF DIAMOND BAR am" CITY BOUNDARY SPHERE OF INFLUENCE ANNEXATION AREA • • �•• ROWLAND UNIFIED SCHOOL DISTRICT (R.U.S.D.) XXXI It WALNUT VALLEY UNIFIED SCHOOL DISTRICT (W.V.U.S.D.) it u NxV Y''M•�,,,/./ ✓ ' /, « ,IM'{•?« „�4.11 r �h191ul' Ilk 1 wl III r •• I I u � F R II II 'r�`• ?x II Illi ��II II �� � I( ..�, �; i i � i `I,,, SII / I. ✓ I�ul9�l� ��' , , � ���!�. * s�.° 9 P ' � � �„PIY*'� II �mrl� �` r-�— � . - . ` l a III ' �Rh �I '� �, N SPI mpr O� u LI �I•I'MIN(�Ihl I�II� j��IV lil' AO IIII:P'NN �, � 4��''� � 'u�►,W��oI��i I I�I���IN�I .�P � �I���I�" �� ,,�I '7a JAL. �I�����li�f����l �� ��'� I�I� i :" I� I I � I� r ^' @ ` � I 'llj,l i� I�h �! 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Ir �,n„�� �� .• �' �u y'� o� �r'�M++ �h►, +a.' � ` �., ���rs.4 �'�� ^� � '_� •y ' � ^i�. �x 4s r v J✓/ � .>. +P.. a yf.� + ... ` , � �• } IXW :oro t d! ,.y' .a,P r' a I /Y /',Ilul,.: ,I ✓','. •may, I {tel.`{' 16 . • 1q. �. % y�I 1r v 1 �1 Orli- S j��. ,.. M`I �n � � �� ± ;+1•�W ,.may ,ut^ '�✓ �N6� «'IMu,:� _ •�.'.. i' ,VAC.- nl E �., � ��e�nl .A} �� JII 'tae-�' s fir- � "te.• ,.., O9 ♦ .x'11 . ull. t k N n i ?. 4A s y q iJJ 11% VWt "Nil ��� I f I I; UI� ' �► � ` ;+ .' '� � „ r LA1 d I � VIII '.. »r'? - r li;.- .�I'� , �., h� � lul► .• I' � r �' Na t '� °I� ,r •ar"I�� „ - �, Ilr �)'��°, II II�II•1/ m', f u ,x. �� ��« .. „ � I I � IIP, Ili•. r 'n� � ,,' � � lila•, t u T �q�Jwu � II �',;; w ..� I 0 lu I +a �� .W. '�', \ �wllll�l;h III�I,•I u ,.�",,; ..I —"S T'r,�. ' �N I, AERIAL # 3 W{{N41TE0 OF T4tE ceTv CQuw+GIL REGULAR MEETING OF THE CITY OF DIAMOND BAR FEBRUARY 15, 2000 CLOSED SESSION: None 2. CALL TO ORDER: Mayor O'Connor called the City Council meeting to order at 6:32 p.m. in the Auditorium of the South Coast Air Quality Management District, 21865 E. Copley Drive, Diamond Bar, California. ROLL CALL: Council Members Chang, Herrera, Huff, Mayor Pro Tem Ansari and Mayor O'Connor. Also present were: Terrence L. Belanger, City Manager; Mike Jenkins, City Attorney; James D®Stefano, Deputy City Manager; David Liu, Deputy Public Works Director; Bob Rose, Community Services Director; Linda Magnuson, Finance Director; Mike Nelson, Communications & Marketing Director and Lynda Burgess, City Clerk. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Council Member Huff. INVOCATION: The Invocation was given by Dr. Robert Cassel, Northminster Presbyterian Church. APPROVAL OF AGENDA: CM/Belanger recommended that Consent Calendar Items 6.2 and 6.9 be continued to a later date. 3.A SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 3.A.1. Presented Certificates of Recognition to Jerry Arnet, Glen Plovanich, Ben Potter, John Rowe and Jackie Warren, Volunteer Patrol Members that have logged 500 hours. 3.A.2 Proclaimed February 2000 as "Black History Month." 3.13 CITY MANAGER REPORTS AND RECOMMENDATIONS: 3.6.1. CM/Belanger reported that the Council established a Complete Count Committee for the 2000 Census. Since that time, staff has applied for and received approval for funding by both the State and the Federal Governments to assist in the cost of getting the message out to the community encouraging them to participate in Census Day on April 1, 2000. It is important that every resident of D.B. be counted. To that end, the City Council will sponsor a Town Hall Meeting on Saturday, February 26 from 9:00 a.m. to 12:00 noon in the SCAQMD Auditorium. The event will be broadcast live on Channel 12. FEBRUARY 15, 2000 PAGE 2 CM/Belanger further stated that Council has established the D.B. Community Foundation and has appointed five additional members to the Board of Directors. A meeting is tentatively scheduled for Thursday, February 17 at 7:00 p.m. to appoint the final four members of the Board. With respect to the Lanterman Developmental Center's security project, CM/Belanger reported that staff prepared an information letter for distribution to the community to inform the residents of this newly proposed project. It is anticipated that the letter will be in the mail by the end of this week to every postal customer in D.B. The project proposal will be considered by the State's Public Works Board on Friday, February 18. Representatives of the Lanterman Developmental Center Advisory Committee will attend the meeting along with the City's special counsel and the homeowner's special counsel. This past weekend, the City of Walnut distributed an informational letter to every resident in Walnut. 4. PUBLIC COMMENTS: Alison Meyers, Associate Branch Director, Diamond Bar -Walnut YMCA, thanked Council for their continuing support of the YMCA. She announced the YMCA's annual support fund-raising campaign. M/O'Connor presented checks from Council Members to Ms. Meyers. Randy Nayadu, 24095 Highcrest Dr., said he noticed fences being erected around the Sun Cal property. He was surprised to learn that Pulte is involved. The City and SunCal have done an extraordinary job in providing the citizens with a lot of information on this project. If there is a new developer, it could change the equation for the residents living adjacent to the project and he asked Council to provide the affected residents with as much information as possible. Sandy Erickson, 24008 Highcrest Dr., stated that SunCal promised that they would work with the residents on Highcrest to negotiate the location of the gate. The residents have met with a representative of Pulte and were told that negotiations are not proceeding as expected. She asked Council for their assistance in providing information regarding the changeover. Rafik Tadros, 24069 Highcrest Dr., said he is the newest member of the neighborhood. He said that he was never told through his escrow process that there would be such a project at the end of Highcrest. He was notified by his neighbors about the pending project. He acquired his home because of its location in the cul-de-sac in order to provide protection for his children. He was present to support his neighbors and get as much information as possible regarding Pulte Homes. Sue Sisk spoke about recent editorials regarding the Lanterman issue. Contrary FEBRUARY 15, 2000 PAGE 3 to comments made by employees of Lanterman, the residents of D.B. do not want this facility to close. However, the citizens continue to be opposed to housing behavioral and severe -behavioral clients in a facility that will have security features normally associated with forensic clients. She recommended that information regarding Lanterman contained in the Community Newsletter be placed on the City's website. Mohan Lalvani spoke in opposition to Consent Calendar Item No. 6.5. He said that there is a serious speeding problem in the morning and afternoon hours on Chestnut Creek Dr. that will not be mitigated by passage of this item. He presented a copy of a letter signed by 25 families on Chestnut Creek indicating that this is not the solution to the problem. This letter was presented to the Traffic & Transportation Commission one month ago. Darla Farrell said that Assembly Member Pacheco is scheduled to host a Town Hall Meeting to address the Lanterman issue. She asked that notice of the meeting as well as notice of Lanterman Developmental Center Advisory Committee meetings be posted on Channel 12 and City On -Line. CM/Belanger stated that the City will advise the community regarding the course of work Pulte will undertake during succeeding months. The fence was installed in response to an agreement with adjacent neighbors to provide boundary fences to assure that animals cannot leave the property when grading and clearing activities begin. The location of the gate was left to the property owners and developers. To date, there has been no conclusion to that matter. Information regarding property matters is the responsibility of the respective buyers and sellers. Realtors have a responsibility to provide information on behalf of property owners. Under today's law, there are disclosure requirements. He did not know whether the disclosure of a prospective subdivision is something that a Realtor would have to disclose. 5. SCHEDULE OF FUTURE EVENTS: 5.1 15e YEAR CELEBRATION - DIAMOND BAR LIBRARY - February 18, 2000 - 3:00 p.m. to 5:00 p.m. 5.2 PRESIDENT'S HOLIDAY - February 21, 2000 - City Offices will be closed. Will re -open Tuesday, February 22, 2000. 5.3 PLANNING COMMISSION - February 22, 2000 - 7:00 p.m., SCAQMD Auditorium, 21865 E. Copley Dr. 5.4 PARKS AND RECREATION COMMISSION - February 24, 2000 - 7:00 p.m., SCAQMD Hearing Board Room, 21865 E. Copley Dr. 5.5 CENSUS 2000 TOWN HALL MEETING - February 26, 2000 - 9:00 a.m. -12 noon, SCAQMD Auditorium, 21865 E. Copley Dr. FEBRUARY 15, 2000 PAGE 4 5.6 CITY COUNCIL MEETING - March 7, 2000 - 6:30 p.m., SCAQMD Auditorium, 21865 E. Copley Dr. 5.7 JOINT COUNCILNWUSD BOARD MEETING - March 8, 2000 6:30 p.m., SCAQMD Auditorium, 21865 E. Copley Dr. 5.8 TRAFFIC & TRANSPORTATION COMMISSION - March 9, 2000 - 7:00 p.m., SCAQMD Hearing Board Room, 21865 E. Copley Dr. 5.9 TOWN HALL MEETING - ASSEMBLY MEMBER PACHECO - April 1, 2000 - 10:00 a.m. to 1:00 p.m., SCAQMD Auditorium, 21865 E. Copley Dr., 5.10 11th CITY BIRTHDAY PARTY - April 9, 2000 - Peterson Park, 24142 E. Sylvan Glenn Dr. 6. CONSENT CALENDAR: MPT/Ansari moved, C/Huff seconded, to approve the Consent Calendar with the exception of Item No.'s 6.2, 6.5, 6.9 and 6.10. Motion carried by the following Roll vote: AYES: COUNCIL MEMBERS - Chang, Herrera, Huff, MPT/Ansari, M/ O'Connor NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 6.1 APPROVED MINUTES: 6.1.1 Study Session of February 1, 2000 -As submitted. 6.1.2 Regular Meeting of February 1, 2000 - As amended. 6.2 CONTINUED PARKS & RECREATION COMMISSION MINUTES - Regular Meeting of November 18, 1999 - to March 7, 2000. 6.3 APPROVED VOUCHER REGISTER - dated February 15, 2000 in the amount of $560,716.57. 6.4 APPROVED NOTICE OF COMPLETION FOR MINNEQUA LANDSLIDE REMEDIATION PROJECT - accepted the work performed by Summit Contracting and authorized the City Clerk to file the Notice of Completion and release any retention amounts thirty-five days after the recordation date. 6.5 (a) ADOPTED RESOLUTION NO. 2000-9: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ORDERING THE CITY ENGINEER TO PREPARE AND TO FILE A REPORT RELATED TO MAINTENANCE OF PUBLIC IMPROVEMENTS IN THE CITY OF DIAMOND BAR ASSESSMENT DISTRICT NO. 38 AND ANY FEBRUARY 15, 2000 PAGE 5 ASSESSMENT THEREON FOR FISCAL YEAR 2000-2001. (2) ADOPTED RESOLUTION NO. 2000-10: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ORDERING THE CITY ENGINEER TO PREPARE AND TO FILE A REPORT RELATED TO MAINTENANCE OF PUBLIC IMPROVEMENTS IN THE CITY OF DIAMOND BAR ASSESSMENT DISTRICT NO. 39 AND ANY ASSESSMENT THEREON FOR FISCAL YEAR 2000-2001. (3) ADOPTED RESOLUTION NO. 2000-11: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ORDERING THE CITY ENGINEER TO PREPARE AND TO FILE A REPORT RELATED TO MAINTENANCE OF PUBLIC IMPROVEMENTS IN THE CITY OF DIAMOND BAR ASSESSMENT DISTRICT NO. 41 AND ANY ASSESSMENT THEREON FOR FISCAL YEAR 2000-2001. (4) AWARDED CONTRACT FOR ASSESSMENT ENGINEERING SERVICES - to GFB-Friedrich & Associates, Inc. in an amount not to exceed $9,900 each for FY 2000-2001, 2001-2002 and 2002-2003 respectively; a contract total of $29,700 plus a contingency amount of $3,000. 6.7 APPROVED CONTRACT AMENDMENT WITH L.A. SIGNAL INC. FOR INSTALLATION/MODIFICATION OF TRAFFIC SIGNALS ON BREA CANYON ROAD (AT DIAMOND CREST LANE, GLENBROOKE DRIVE AND GOLDEN SPRINGS DRIVE) - in an amount not to exceed $13,500 for a total contract amount of $256,105. 6.8 REJECTED ALL BIDS RECEIVED FOR CONSTRUCTION OF SKATEBOARD PARK AT PETERSON PARK - approved the revised plans and specifications and directed the City Clerk to advertise to receive bids. 6.9 CONTINUED RESOLUTION NO. 2000 -XX: A RESOLUTION OF THE CITY OF DIAMOND BAR FOR APPROVAL OF FINAL TRACT MAP NO. 52267, FOR THE SUBDIVISION OF A 65 ACRE SITE INTO 127 SINGLE FAMILY RESIDENCES, LOCATED IN THE CITY OF DIAMOND BAR, CALIFORNIA. 6.10 CONTINUED AMENDMENT NO. 5 TO A PROFESSIONAL SERVICES AGREEMENT WITH BONTERRA CONSULTING REGARDING ENVIRONMENTAL SERVICES FOR PROPOSED VTM 52267 (SunCal) - in the amount of $99,446. 6.11 ADOPTED RESOLUTION NO. 2000-12: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING THE FILING OF A PETITION TO THE STATE WATER RESOURCES CONTROL BOARD CONTESTING ACTION TAKEN WITH RESPECT TO THE REGIONAL FEBRUARY 15, 2000 PAGE 6 WATER QUALITY CONTROL BOARD ORDER NO. 96-054. 6.12 APPROVED A CONTRACT FOR PROFESSIONAL ENGINEERING SERVICES FOR A TRANSPORTATION CORRIDOR ROUTE LOCATION STUDY - directed the Mayor to execute a contract for professional engineering services for a transportation corridor route location study with Parsons, Brinckerhoff, Quade and Douglas, Inc. in the amount of $74,797. MATTERS WITHDRAWN FROM CONSENT CALENDAR: 6.5 ADOPTED RESOLUTION NO. 2000-13: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE INSTALLATION OF MULTI -WAY STOP SIGNS AT THE T - INTERSECTIONS OF LEYLAND DRIVE/BENFIELD PLACE, CHESTNUT CREEK ROAD/EVERGREEN SPRINGS DRIVE, CHESTNUT CREEK ROAD/PRESADO DRIVE, AND THE INSTALLATION OF 50 FEET OF RED CURB AT THE NORTHWEST AND NORTHEAST CORNERS OF PRESADO DRIVE/CHESTNUT CREEK ROAD - The City received requests from residents to study the need for multi -way stop signs at the intersections of Leyland Dr./Benfield PI., Chestnut Creek Rd./Evergreen Springs Dr., Chestnut Creek Rd./Presado Dr. The Traffic & Transportation Commission reviewed the requests and recommended that Council approve the signs. Mohan Lalvani said that the letter signed by 26 families asked for speed humps or stop signs on Chestnut Creek Rd. and not at the intersection of Tierra Loma Dr. or Presado Dr. to slow the traffic down. Ed Bennett, 2147 Chestnut Creek Rd., stated that a stop sign exists at Chestnut Creek and Presado. The issue is that motorists leave the upper portion of Chestnut Creek at Evergreen Springs and accelerate fairly quickly down the steep hill. A stop sign at Tierra Loma would slow the traffic at the beginning of the downhill slope. The residents are attempting to get the traffic slowed down above the area of his driveway. He had seen smaller type speed bumps in the City of Corona that are about 4 inches high that he feels might be effective on Chestnut Creek. He pointed out the area in which he would like to have a stop sign placed. Patricia Marinovich, 2003 Chestnut Creek stated that originally, residents did not request a stop sign at Tierra Loma. It will not make any sense to put a T -stop on Evergreen Springs and Chestnut Creek. It will not solve the problem of vehicles speeding downhill on Chestnut Creek. Ed Bennett said the residents do not see a need for a stop sign at Presado. Tierra Loma at Chestnut Creek is already past the long downhill stretch and blind corner. By the time cars reach the blind comer, they have already slowed down. He believed the issue that the residents were attempting to FEBRUARY 15, 2000 PAGE 7 convey is that from Evergreen Springs, cars pick up speed until they reach the blind corner. There is nothing to slow their speed on the downhill. If a stop sign could be placed here (he pointed to the map) or speed bumps along the upper section of Chestnut Creek below the upper intersection of Tierra Loma, it would likely alleviate the speeding vehicles. In response to C/Herrera, CM/Belanger explained that traffic engineers recommend that speed humps and similar type devices not be installed on city streets that have downward grades because they can act as launching pads and can present liability concerns. Installation of stop signs has been one attempt to control speed. However, stop signs were not designed to control speeds. Effective control of speed is to ask people who drive in the neighborhoods to observe safe speed limits. In response to M/O'Connor, CM/Belanger stated that botts dots are noisy and residents frequently request that they be removed. In addition, moisture adheres to the dots and renders them slick. DDPW/Liu indicated that consideration of installation of bolts dots was discussed by the Traffic & Transportation Commission. Botts dots serve only to warn motorists. This option was presented to the residents but they felt that installation of stop signs or speed humps along Chestnut Creek would be a better solution. Staff is not aware of any location within this or other jurisdictions that have stop signs installed mid -block. At the request of C/Huff, seven residents in the audience indicated that they were present to consider this matter. No one indicated that they favored the Traffic & Transportation Commission's recommendation. Seven residents indicated that they prefer moving the stop signs from Evergreen Springs and Chestnut Creek down to Tierra Loma and Chestnut Creek. One resident would approve of stop signs at Tierra Loma and Presado. C/Huff moved, M/O'Connor seconded, to adopt amended Resolution 2000- 13 by removing consideration of stop signs on Chestnut Creek Drive and return the matter to the Traffic & Transportation Commission for consideration of stop signs on Chestnut Creek Dr. at the locations suggested by the public speakers. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Chang, Herrera, Huff, MPT/Ansari, M/ O'Connor NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 7. PUBLIC HEARINGS: None 8. OLD BUSINESS: FEBRUARY 15, 2000 PAGE 8 8.1 REPORT ON THE STATUS OF THE GENERAL PLAN AND PROGRESS IN ITS IMPLEMENTATION - California Government Code Section 65400(b) requires the preparation of an annual report for presentation to the City Council regarding the status of the City's General Plan and progress in its implementation. The report was reviewed by the Planning Commission at its meeting of February 8, 2000. M/O'Connor directed staff to forward copies to the State Office of Planning and Research and the State Department of Housing and Community Development. 8.2 CONSIDERATION OF SITE SELECTION FOR THE PROPOSED COMMUNITY/CIVIC CENTER - Four sites are currently being considered for the proposed Community/Civic Center complex: 1) flat pad (vacant) south of and behind Calvary Chapel at Grand Avenue and Golden Springs Drive (hospital site); 2) vacant pad southwest of current City Hall on Bridge Gate Drive in the Gateway Corporate Center (Kaiser site); 3) northwest portion of Summitridge Park at Grand Avenue and Summitridge Drive; 4) portion of the D.B. Gold Course where the clubhouse and banquet facilities are currently located (Grand Avenue and Golden Springs Drive). To assist with this decision, staff worked with L.P.A. and developed a series of digital photos of each of the sites and placed the proposed facilities of the complex into each of the photos using computer technology. These photos show how the facilities will look from various points of reference in the vicinity of each site. Report by given by Jim Wirick, L.P.A. Martha Bruske said that unless the residents keep a close watch on the Council, the golf course site may very well be turned into a shopping center. She opposed use of any portion of the golf course as well as placement of any buildings on city park sites. CM/Belanger stated that in approximately 60 to 90 days, staff will be prepared to recommend selection of an architectural firm if tonight, Council directs staff to release an RFP. Following discussion, C/Chang moved, C/Huff seconded, to direct staff to release an RFP to begin the formal selection process for an architect to design the Community/Civic Center complex with decision on a site to take place at a later date. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Chang, Herrera, Huff, MPT/Ansari, M/ O'Connor NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None FEBRUARY 15, 2000 PAGE 9 9. NEW BUSINESS: 9.1 APPOINTMENT OF COMMISSIONERS FOR PLANNING, PARKS AND RECREATION, AND TRAFFIC AND TRANSPORTATION COMMISSIONS. PLANNING COMMISSION: C/Chang re -appointed George Kuo. C/Huff appointed Bob Zirbes. C/Herrera re -appointed Joe Ruzicka. MPT/Ansari re -appointed Steve Nelson. M/0'Connor re -appointed Steve Tye. MPT/Ansari moved, C/Chang seconded, to approve the appointments/re- appointments to the Planning Commission. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS -Chang, Herrera, Huff, MPT/Ansari, M/ O'Connor NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None TRAFFIC AND TRANSPORTATION COMMISSION C/Herrera re -appointed Joyce Leonard -Colby C/Chang appointed Joseph Kong C/Huff re -appointed Roland Morris. MPT/Ansari re -appointed Jack Istik. M/O'Connor re -appointed Arun Virginkar. MPT/Ansari moved, C/Herrera seconded, to approve the appointments/re- appointments to the Traffic and Transportation Commission. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Chang, Herrera, Huff, MPT/Ansari, M/ O'Connor NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None PARKS AND RECREATION COMMISSION C/Huff - no nominee at this time - continued to March 7, 2000. C/Herrera appointed Marty Torres C/Chang re -appointed Patty Anis MPT/Ansari re -appointed Annette Finnerty M/O'Connor appointed Eric Stone FEBRUARY 15, 2000 PAGE 10 C/Chang moved, MPT/Ansari seconded, to approve the appointments/re- appointments to the Parks and Recreation Commission. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Chang, Herrera, Huff, MPT/Ansari, M/ O'Connor NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None M/O'Connor requested that Council honor retiring Commission Members on March 7, 2000. 9.2 CONSIDERATION OF CITY COUNCIL SUPPORT FOR PROPOSITION 12, THE SAFE NEIGHBORHOOD PARKS, CLEAN WATER, CLEAN AIR, AND COASTAL PROTECTION BOND ACT OF 2000 - The Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 is the first state bond to go before the voters since 1988. This financing would provide for state, county and city park improvements, development and acquisition. The three categories of per -capita grant programs included in this proposition would result in allocation of $714,175 directly to the City. There are other funds that will be available for which the City can compete as well. The proposition requires a simple majority for passage (i.e.: 50%+1) and there is no known organized opposition to this bond act. In fact, there are over 180 parks, recreation and conservation agencies and organizations that have expressed their support of this proposition. The League of California Cities, the California State Chamber of Commerce and the Cal ifomia Taxpayers' Association (CTA) are also supportive. Ina letter from CTA, it states "Cal -Tax endorses Proposition 12 because it is fiscally responsible, it does not raise taxes, and it pays for projects that are important for all Californians." At the suggestion of M/O'Connor, Council concurred to consider this item only as a public information item. 9.3 CONSIDERATION OF SUPPORT OF PROPOSITION 14: CALIFORNIA READING AND LITERACY IMPROVEMENT AND PUBLIC LIBRARY CONSTRUCTION AND RENOVATION BOND ACT OF 2000 - Proposition 14 proposes a $350 million bond measure to fund grants for public library construction and renovation. Grant funds would be available to any city, county, city and county or district that is authorized to own and maintain a public library. Funds may be used for acquisition or construction of new facilities, acquisition of land or remodeling, rehabilitation of existing public library facilities and purchase and installation of furnishings. First priority for funding is to be given to joint use projects in which the agency that operates the library and one or more school districts have a cooperative agreement. Second priority is to be given to all other public library projects. Grant FEBRUARY 15, 2000 PAGE 11 recipients must provide a 35% local match, with the remaining 65% (up to a maximum of $20 million) shall be allocated form bond funds. At the suggestion of M/O'Connor, Council concurred to consider this item only as a public information item. RECESS TO REDEVELOPMENT AGENCY: M/O'Connor recessed the City Council Meeting to the Redevelopment Agency at 9:39 p.m. RECONVENE CITY COUNCIL MEETING: M/O'Connor reconvened the City Council Meeting at 9:41 p.m. 10. COUNCIL SUB -COMMITTEE REPORTS AND MEMBER COMMENTS: C/Herrera reported that Council continues to oppose the newly proposed Lanterman Developmental Center's expansion project. Several individuals will attend the Public Works Board hearing on Friday to state their opposition. She expressed her sorrow at the passing of Raul Medina, former Parks and Recreation Commissioner and offered her condolences to his family. C/Chang expressed his condolences on the loss of Raul Medina. On February 2, he attended Diamond Bar High School's press conference. He congratulated the scholarship recipients and their parents. During the past week, he attended several events in conjunction with Chinese New Year. On February 13, he was a keynote speaker for Vision 21 symposium. C/Huff stated that on February 3, he attended a COG meeting in EI Monte. On February 4 and 5, he attended the Foothill Transit's team building and goal setting event as a board member and on February 10, he attended Foothill Transit's special board meeting. On February 11, he and several Lanterman Advisory Committee Members met with the City's Attorney, Jack Rubin, to discuss upcoming meetings. Also on February 11, he was interviewed by a reporter from the L.A. Business Journal regarding the Alameda Corridor East project. On February 12, he and M/O'Connor attended the Chinese Association celebration at Diamond Bar High School. He, C/Herrera and M/O'Connor attended funeral services for Raul Medina. He stated that the community of D.B. is richly blessed with many people who take pride in their city and volunteer to assist in community events. Raul Medina was one of those special people who was very friendly and outgoing, and took the time to participate in his city, which he loved. He will be missed. C/Huff encouraged others to look to Raul Medina's leadership as a volunteer to help make D.B. a better community. C/Huff announced that on February 6, he married Mee Mee Ho. MPT/Ansari congratulated C/Huff on his marriage. During the past two weeks, she attended the Lanterman meeting chaired by C/Herrera, three SCAG meetings on storm water runoff, met with the D.B. Evergreen Chinese Senior Club, the SCAG board meeting, the board meeting of the California Contract Cities, a SCAG water FEBRUARY 15, 2000 PAGE 12 quality meeting and this morning's Chamber Board meeting. The Chamber will hold an Eggs & Issues Breakfast on Friday, February 25 at the Holiday Inn Select, with guest speaker Assembly Member Pacheco. On April 8, the night before the City's Birthday Celebration, the Chamber of Commerce will sponsor its Casino Night. She attended the Inland Valley Economic Corporation, which is planning to have a business round table and brokers caravan in April during which brokers will preview properties in D.B. that are available for commercial businesses. She spoke about Assembly Member Pacheco's bill AB1939 concerning solid waste issues. She also spoke about the passing of Raul Medina and his participation in the community. M/O'Connor stated that on February 8, the L.A. County Board of Supervisors went on record in support of Proposition 13. On February 1, the Board of Supervisors went on record to oppose Proposition 28. On February 2, she and MPT/Ansari hosted a Boy Scout Den at City Hall. She and other Council Members attended the Diamond Bar High School luncheon, during which 8 students were honored. She reported on her attendance at the WCCA meeting and issues that were discussed. On February 3, she and C/Herrera attended a retirement dinner for Sheriff Myron. 850 people attended the event, which was a great tribute to L.A. County's fine Sheriff's Department. On February 8, she attended the Chamber Mixer at Citrus Valley. She encouraged business and Council members to attend the Chamber Mixers. On February 9, the City held its first Census Complete Count committee meeting. Over 120 letters were sent to local organizations encouraging them to send a representative to committee meetings. It is disappointing that only 3 representatives appeared at the meeting. On February 10, she attended the Chamber's Legislative Breakfast. She attended the annual YMCA fund-raising event kickoff. She serves as Chairman of the event and the goal is to reach $25,000. On February 12, she and other Council Members attended the Chinese Association School's New Year's event. Congressman Miller also attended the event. She, Council Members, staff members, current and past members of the Parks & Recreation Commission and Congressman Miller attended funeral services for Raul Medina. Congressman Miller presented the eulogy. Among other accomplishments, Raul Medina was a member of the bowler's 300 Club. She reminded everyone to exercise his or her right to vote on March 7. On February 23, Sanitation District No. 21 will hold a public hearing to discuss the increase in cost of services. She encouraged interested parties to attend the hearing. She asked for residents to volunteer their services to the D.B. Community Foundation. The Foundation is scheduled to meet on Thursday, February 17. She has met with residents and tenants concerning the empty Ralph's lease space in The Country Hills Towne Center. She received an e-mail from the Mayor Pro Tem of Brea indicating that their city has the same situation. He suggested that the two cities pool their resources to attempt to influence Ralph's to re -consider their position on this matter. FEBRUARY 15, 2000 PAGE 13 12. ADJOURNMENT: There being no further business to conduct, WO'Connor adjourned the meeting at 10:13 p.m. in memory of Raul Medina, former Parks and Recreation Commissioner. ATTEST: Mayor LYNDA BURGESS, City Clerk MINUTES OP THE CITY COUNCIL DQA-7-, 5PECIAL MEETING OF THE CITY OF DIAMOND BAR FEBRUARY 18, 2000 CALL TO ORDER: Mayor O'Connor called the Special Meeting of the City Council to order at 3:37 p.m. in Conference Room A, Diamond Bar City Hall, 21660 E. Copley Drive, Suite 100, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Mayor O'Connor. ROLL CALL: Council Members Chang, Herrera, Mayor Pro Tem Ansari, Mayor O'Connor. Council Member Huff arrived at 4:08 p.m. Also present were: Terrence L. Belanger, City Manager; James DeStefano, Deputy City Manager; David Liu, Deputy Public Works Director; Rose Manela, Associate Civil Engineer and Lynda Burgess, City Clerk. 2. PUBLIC COMMENT: Bob Schwartz, 24038 Highcrest Dr., expressed concern that there are too many unresolved issues such as locations of gates with respect to this project. He felt the City should be acting on behalf of the citizens who live in D.B. Randy Nayudu stated that he has lived on Highcrest Drive for 11 years and paid a premium to live on one of the best streets in D.B. He asked if the gate on Highcrest is supposed to be an emergency gate only or an ingress/egress gate for the homeowners in the proposed project. If it is an emergency gate only, then the residents have no problem. If the gate is going to be used for an entrance to the tract, then Council and the Mayor need to fight for the residents to include them in that association without having to pay the penalty of $200 or $300 a month for association dues. Rafik Tadros, 24069 Highcrest Drive, asked what the purpose of the ingresslegress on Highcrest would be when there is ingress/egress on D.B. Blvd. Highcrest is not a major passageway to any place in the city except possibly Pantera School. Goldrush Dr. has enough traffic in the morning hours and his tract does not need the additional traffic. At the direction of M/O'Connor, DCM/DeStefano indicated that the condition, as written when the Vesting Tentative Tract Map condition was approved in September/October, 1998, reads as follows: "The connection to Highcrest Drive from VTTM No. 52267 shall be utilized as a secondary access into VTTM No. 52267." The issue of access at that portion of this property was one that was discussed at the Planning Commission level as well as Council level. This is where Council concluded with its decision. The purpose of the access is one that provides the ability to enter into the site from Highcrest Dr., which affords residents of the new project an opportunity to utilize Goldrush Dr. as a means of access into their project. This condition does not permit secondary egress or exiting. It specifically says "into." The purpose for any connection at Highcrest would have been to FEBRUARY 18, 2000 PAGE 2 CITY COUNCIL SPECIAL MEETING provide the potential for ingress or egress while the project was being considered and to provide an opportunity for emergency ingress and egress. The developer's primary gate as submitted is to take place off of Tin Dr. With respect to the staging, he understood that Pulte Homes would have a construction headquarters trailer at the corner of Goldrush and D.B. Blvd. The large equipment utilized in the grading operation will be located on-site. Staff has advised the developer that construction access from Highcrest is not permitted. RECESS: M/O'Connor recessed the meeting at 3:46 p.m. RECONVENE: WO'Connor reconvened the meeting at 3:50 p.m. 3. CONSENT CALENDAR: MATTERS WITHDRAWN FROM CONSENT CALENDAR: 3.1 ADOPTED RESOLUTION NO. 2000 -: A RESOLUTION OF THE CITY OF DIAMOND BAR FOR APPROVAL OF FINAL TRACT MAP NO. 52267, FOR THE SUBDIVISION OF A 65 ACRE SITE INTO 127 SINGLE FAMILY RESIDENCES, LOCATED IN THE CITY OF DIAMOND BAR, CALIFORNIA - This project consists of construction of 127 single family units on 65 acres of a 339 acre site. The Final Tract Map has been submitted by SunCal Companies to the City for approval and staff has technically approved the map. DCM/DeStefano reported that this matter was held over from the Regular Council Meeting of February 15 in order to obtain the necessary resolution between the subdivider and the Walnut Valley Water District, which concluded with a letter forwarded to the City today dated February 18 indicating that the Water District Board has approved the exchange agreement, joint escrow instructions, grant deeds and quitclaim deed for the Diamond Hills Ranch Partnership, i.e. SunCal Development. In addition, there have been technical changes to the Subdivision Agreement. The revised Subdivision Agreement contained in tonight's packet corrected a variety of typographical errors. The Resolution has been modified to include 1) the date of February 18, where appropriate and 2) a paragraph added by the City's legal counsel that, in summary states, that this Final Map approval would be contingent upon payment of $1,256,000 to the City through a specific escrow account that has been set aside between SunCal Development and Pulte Corporation and would also include the conveyance of the property behind Pantera Park, known specifically as Lot 9 of Tract 31479 and Lots 50 and 51 of Tract 42576 as well as dedication of Open Space as indicated on the face sheet of the map. The action will not be binding until the City receives a direct wire transmission or check in the amount indicated as well as the grant deed. Furthermore, the Mayor is directed to sign the Final Map only upon receipt and assurance by the FEBRUARY 18, 2000 PAGE 3 CITY COUNCIL SPECIAL MEETING escrow holder that the payment has been made and that the license for construction improvements has been released and that the grading permit has been released upon the close of escrow. Otherwise, as pointed out in the Resolution, this approval of the Final Map will be null and void and of no effect whatsoever. He recommends that Council a) approve the Final Map; b) authorize the Mayor to execute the Subdivision Agreement; c) adopt the Resolution authorizing the Deputy Director of Public Works to sign the Map; d) direct the City Clerk to certify and process the map and CC&R's for recordation; and f) direct the City Manager to sign the Escrow Instructions and Entry Permit. Following discussion, C/Herrera moved, C/Chang seconded, to approve Resolution No. 2000-14: A Resolution of the City of Diamond Bar approving Final Tract Map No. 52267, for the subdivision of a 65 acre site into 127 single family residences, located in the City of Diamond Bar, California. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Chang, Herrera, Huff, MPT/Ansari, M/ O'Connor NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 3.2 APPROVED AMENDMENT NO. 5 TO A PROFESSIONAL SERVICES AGREEMENT WITH BONTERRA CONSULTING REGARDING ENVIRONMENTAL SERVICES FOR PROPOSED VTM 52267 (SunCal) - In order to provide environmental services necessary to monitor the mitigation measures as outlined within the previously -approved VTM 52267, approval of an amendment to the existing agreement is necessary. DCM/DeStefano recommended that Council approve an amendment to the agreement with BonTerra Consulting in the amount of $99,446. C/Herrera moved, MPT/Ansari seconded, to approve Amendment No. 5 to a Professional Services Agreement with BonTerra Consulting regarding environmental services for proposed VTM 52267 (SunCal). Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Chang, Herrera, Huff, MPT/Ansari, M/ O'Connor NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None C/Chang recommended that the developer work closely with the surrounding neighborhoods to insure a smooth transition during construction. FEBRUARY 18, 2000 PAGE 4 CITY COUNCIL SPECIAL MEETING 4. ADJOURNMENT: There being no further business to conduct, WO'Connor adjourned the meeting at 4:15 p.m. ATTEST: Mayor LYNDA BURGESS, City Clerk CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. IZ- TO: Honorable Mayor and Members of the City Council MEETING DATE: March 7, 2000 REPORT DATE: March 2, 2000 FROM: Terrence L. Belanger, City Manager TITLE: Resolution No. 2000 -XX "A Resolution of the City Council of the City of Diamond Bar Requesting the Board of Supervisors of the Los Angeles County Flood Control District to Accept on Behalf of said District a Transfer and Conveyance of Storm Drain Improvements Known as Ambushers Street Drainage Improvements Project, in the City of Diamond Bar for Future Operation, Maintenance, Repair, and Improvement, and Authorize the Transfer and Conveyance Thereof. " SUMMARY Construction of the Ambushers Street Drainage Improvements Project was completed on September 7, 1999 and Notice of Completion was approved for filing by the City Council on December 7, 1999. L.A. County Flood Control District inspected the project on November 22, 1999 and has deemed that the work has been accomplished to the satisfaction of the District. With the project completed, the new 24" Storm Drain should be transferred to the County Flood Control District for operation and maintenance. Upon approval by the City Council, staff will transmit "As -Built" drawings and the signed resolution to the District. RECOMMENDATION: That the City Council adopt Resolution No. 2000 -XX "A Resolution of the City Council of the City of Diamond Bar Requesting the Board of Supervisors of the Los Angeles County Flood Control District to Accept on Behalf of said District a Transfer and Conveyance of Storm Drain Improvements Known as Ambushers Street Drainage Improvements Project, in the City of Diamond Bar for Future Operation, Maintenance, Repair, and Improvement, and Authorize the Transfer and Conveyance Thereof. " LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification x Resolution(s) _ Bid Specification _ Agreement(s) x Other: Plot Plan of Storm Drain Plan SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed x Yes _ No by the City Attorney? 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? N/A —Yes _ No 4. Has the report been reviewed by a Commission? N/A _ Yes _ No Which Commission? 5. Are other departments affected by the report? N/A Yes No REVIEWED BY: Ten nce L. Belau a James DeStefano a G. Liu City Manager Deputy City Manager Deputy Director of Public Works CITY COUNCIL REPORT MEETING DATE: March 7, 2000 AGENDA NO. _ TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Resolution No. 2000 -XX "A Resolution of the City Council of the City of Diamond Bar Requesting the Board of Supervisors of the Los Angeles County Flood Control District to Accept on Behalf of said District a Transfer and Conveyance of Storm Drain Improvements Known as Ambushers Street Drainage Improvements Project, in the City of Diamond Bar for Future Operation, Maintenance, Repair, and Improvement, and Authorize the Transfer and Conveyance Thereof. " ISSUE STATEMENT To transfer the operation and maintenance of the Ambushers Street Storm Drain to the Los Angeles County Flood Control District. RECOMMENDATION That the City Council adopt Resolution No. 2000 -XX "A Resolution of the City Council of the City of Diamond Bar Requesting the Board of Supervisors of the Los Angeles County Flood Control District to Accept on Behalf of said District a Transfer and Conveyance of Storm Drain Improvements Known as Ambushers Street Drainage Improvements Project, in the City of Diamond Bar for Future Operation, Maintenance, Repair, and Improvement, and Authorize the Transfer and Conveyance Thereof. " FINANCIAL SUMMARY The process of transferring this storm drain has no financial impact on the City's budget. BACKGROUND/DISCUSSION Construction of the Ambushers Street Drainage Improvements Project was completed on September 7, 1999 and Notice of Completion was approved for filing by the City Council on December 7, 1999. L.A. County Flood Control District inspected the project on November 22, 1999 and has deemed that the work has been accomplished to the satisfaction of the District. With the project completed, the new 24" Storm Drain should be transferred to the County Flood Control District for operation and maintenance. Upon approval by the City Council, staff will transmit "As -Built" drawings and the signed resolution to the District. RESOLUTION NO. 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR REQUESTING THE BOARD OF SUPERVISORS OF THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT TO ACCEPT ON BEHALF OF SAID DISTRICT A TRANSFER AND CONVEYANCE OF STORM DRAIN IMPROVEMENTS KNOWN AS AMBUSHERS STREET DRAINAGE IMPROVEMENTS PROJECT, IN THE CITY OF DIAMOND BAR FOR FUTURE OPERATION, MAINTENANCE, REPAIR, AND IMPROVEMENT, AND AUTHORIZE THE TRANSFER AND CONVEYANCE THEREOF. WHEREAS, there has been storm drain improvements and drainage system constructed by the City known as Ambushers Street Drainage Improvements Project, described in Exhibit A attached hereto; and WHEREAS, the City is authorized and empowered to transfer and convey to the Los Angeles County Flood Control District any storm drain improvements and drainage systems for future operation, maintenance, repair, and improvement; and WHEREAS, the best public interest will be served by the transfer and conveyance of the storm drain improvements and drainage system described in Exhibit A attached hereto from the City to the Los Angeles County Flood Control District for future operation, maintenance, repair and improvement. NOW, THEREFORE, BE IT RESOLVED that the City of Diamond Bar does hereby request the Los Angeles County Flood Control District to accept the transfer and conveyance of the storm drain improvements and drainage system described in said Exhibit A. Reference is hereby made to District Drawing Nos. 313-F 123.1-.4, the plans and profile of said storm drain improvements and drainage system on file in the office of the City Engineer and on file in the office of the Chief Engineer of said District for further data as to the exact location, extent, and description of said storm drain improvements and drainage system. BE IT FURTHER RESOVED that the City Engineer is directed and ordered to prepare all necessary instruments and documents, to cause the Los Angeles County Flood Control District to initiate immediate operation and maintenance of said improvements. The City Clerk shall certify to the adoption of this resolution. PASSED, APPROVED AND ADOPTED this 7h day of March, 2000. ATTEST: CITY CLERK MAYOR, City of Diamond Bar I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on the 7`h day of March, 2000, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: LYNDA BURGESS, CITY CLERK CITY OF DIAMOND BAR EXHIBIT "A" MTD No. (Ambushers Street Drainage Improvements Project) A reinforced concrete pipe, generally described as follows: 24" diameter reinforced concrete pipe 1500D. On Ambushers Street from Station 20+26.04 to westerly to station 30+69.51 and tying into PD No. 493, as shown on the approved drawings for "Ambushers Street Drainage Improvements Project", on file in the office of the City Engineer of the City of Diamond Bar. VICINITY MAP N N.T.S. PROCLAMATION FOR SAFE COMMUNITIES WEEK March 20 - 25, 2000 WHEREAS, the vitality of the County of Los Angeles Depends on how safe we keep our home, neighborhoods, work places and communities; and WHEREAS, crime and fear diminish our trust in others threatening the community's health and prosperity; and , WHEREAS, people of all must be made themselves, their families, neighbors and co -w violence, and other crimes; and WHEREAS, people of all ages must creating a safe, healthy, crime -free environr programs; and WHEREAS, the major focus of this to difference for our communities by educ alternatives and role models for child community including schools busi s, r enforcement agencies and local conn NOW, THEREI of Supervisors, do her WEEK in Los Angeles privaile institutions, tg( is to make a positive ' by providing positive port of the local , service clubs, law r< ' e; Chair of the Los Angeles Board 2000, as SAFE COMMUNITIES s, government agencies, public and ;e their participation in our community's productive comminutes and improve V10 W CITY OF DIAMOND BAR MINUTES OF THE PARKS & RECREATION COMMISSION HEARING BOARD ROOM OF S.C.A.Q.M.D. 21865 Copley Drive NOVEMBER 18, 1999 CALL TO ORDER: Chairman Nolan called the meeting to order at 7:03 p.m. PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of Allegiance by Commissioner Finnerty. ROLL CALL: Present: Chairman Dan Nolan, Vice Chairman Yvonne Pruitt, and Commissioners Patty Anis, Annette Finnerty and Karen Holder. Staff: Bob Rose, Director of Community Services; Wendy Bowman, Recreation Supervisor and Marsha Roa, Community Services Assistant. MATTERS FROM THE AUDIENCE: Richard Toombs referred the Commission to a November Metro article which pointed out how many stray dogs are located in the County. He asked the Commission to consider recommending that the City Council designate an area of a city park for dogs. CSD/Rose responded to C/Finnerty that the City=s Parks Master Plan includes consideration of a pooch park under Aspecial facilities.@ No location is identified. CALENDAR OF EVENTS: Friday, November 19, 1999 - Skate Park Informational Meeting - 6:00 p.m. - 9:00 p.m. - SCAQMD Building. Saturday, November 20, 1999 - Adult Excursion, AWindmills & Wineries@ - $40 pp - Departs 8:00 a.m. - Returns 7:00 p.m. from City Hall NOVEMBER 18, 1999 PAGE 2 PARKS & RECREATION Tuesday, November 23, 1999 - City Council Meeting - 6:30 p.m., SCAQMD Auditorium (Skate Park Consideration) Thursday, December 4, 1999 - Senior Excursion, AChristmas Is... @/$26pp - Departs from Heritage Park 11:45 a.m. - Returns 5:15 p.m. Community Center Tuesday, December 7, 1999 - City Council Meeting - 6:30 p.m., SCAQMD Center Fiscal Analysis Auditorium (Community Presentation) Wednesday, December 8, 1999 - - Senpor 00 pm. from Heritage Returns 6Palm 1ngs Fr p arts 9 00 a m�. Park Community Center Thursday, December 9, 1999 - 11`h Birthday Celebration Committee Meeting - 8:30 a.m. - City Hall Conference Room A Friday, December 10, 1999 - Adult Excursion, ARadio City Music Hall Rockettes@/$55pp - Departs 11:30 a.m. - Returns 6:30 p.m. from City Hall. Thursday, December 16, 1999 - Parks and Recreation Commission Meeting - 7:00 p.m., SCAQMD Hearing Board Room Tuesday, December 21, 1999 - City Council Meeting - 6:30 p.m., SCAQMD Auditorium 1. CONSENT CALENDAR: 1.1 Approval of Minutes of October 28, 1999 Regular Meeting. C/Finnerty moved, C/Anis seconded, to approve the minutes of October 28, 1999 as corrected. Motion carried 5-0 by Roll Call vote. 2. INFORMATIONAL ITEMS: 2.1 Recreation Update: RS/Bowman presented the recreation update for NOVEMBER 18, 1999 PAGE 3 PARKS & RECREATION a. Youth Activities b. Tiny Tots C. Adult Sports d. Contract Classes e. Marketing Chair/Nolan said that he was approached by a gentleman who was willing to instruct a distance running contract class. RS/Bowman suggested that Chair/Nolan have the interested party contact Kim Crews, Contract Class Specialist. 2.2 Halloween Festival - Oral Report. CSD/Rose reported that the Halloween Festival was a huge success. He thanked C/Holder for her time and effort toward its success. The event attracted about 2,000 people, with 800 participating in the haunted house event. He said he appreciated the fact that there was an extraordinarily large number of teenagers who assisted with the event. C/Holder stated she was very pleased with the festival. 2.3 Millennium Celebration - Update - Oral Report. CSD/Rose reported that the event will be held at the Country Hills Towne Center. All of the originally planned elements will be included in the celebration. Promotion of the event is now under way. 3. OLD BUSINESS: 3.1 Transition to In -House Recreation Program - Update. CSD/Rose reported. 4. NEW BUSINESS: None ANNOUNCEMENTS: C/Holder said she is taking a group to the 70's show tomorrow and will take another group in NOVEMBER 18, 1999 PAGE 4 PARKS & RECREATION January. C/Anis reported that she completed tours of Paul C. Grow and Maple Hill Parks. She wished everyone a Happy Thanksgiving. C/Finnerty said that the view of the new trees on Diamond Bar Boulevard and Grand Avenue is breathtaking, and that the field lights at Lorbeer Middle School are awesome. CSD/Rose indicated to C/Finnerty that the Lorbeer Middle School lighting project has not yet been completed. VC/Pruitt completed her walk through of Heritage Park a few days after the Halloween Festival. The park looked good. She passed along a citizen=s concern regarding a tree that hangs over the basketball court. She asked if the basketball court and walkway could be better illuminated. CSD/Rose responded that such a feature would have to be expressly stated, approved by the City Council and announced to the public. The light may be faulty and he will have it checked. VC/Pruitt asked if the City plans to redo the basketball court at Heritage Park. CSD/Rose said he will check on this matter. VC/Pruitt said she completed her walk through of Peterson Park. She pointed out that the handicapped parking sign in front of the restroom is being used as a teeter-totter. Pop Warner Football has two bowl games on Thanksgiving weekend. She said she is looking forward to the holiday and she hopes everyone has a peaceful and joyful celebration. Chair/Nolan wished everyone a fantastic Thanksgiving and looks forward to seeing everyone on December 16. ADJOURNMENT: NOVEMBER 18, 1999 PAGE 5 PARKS & RECREATION C/Finnerty moved, VC/Pruitt seconded, to adjourn the meeting. There being no other business to come before the Commission, Chairman Nolan adjourned the meeting at 9:20 p.m. to December 16, 1999 at 7:00 p.m. Respectfully Submitted, /s/ Bob Rose Bob Rose Secretary Attest: /G� Dan Nol any Dan Nolan Chairman ("2_Z-, CITY OF DIAMOND BAR MINUTES OF THE PARKS & RECREATION COMMISSION HEARING BOARD ROOM OF S.C.A.Q.M.D. 21865 Copley Drive JANUARY 27, 2000 CALL TO ORDER: Chairman Nolan called the meeting to order at 7:07 p.m. PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of Allegiance by Commissioner Finnerty. ROLL CALL: Present: Chairman Dan Nolan, Vice Chairman Yvonne Pruitt, and Commissioners Patty Anis, Annette Finnerty and Karen Holder. Staff: Bob Rose, Director of Community Services; Marsha Roa, Community Services Assistant and Debbie Gonzales, Administrative Secretary. MATTERS FROM THE AUDIENCE: None 1. CONSENT CALENDAR: VC/Pruitt moved, C/Holder seconded, to approve the Consent Calendar as presented. Motion carried 5-0. 1.1 Approval of Minutes: 1.1.1 Regular Meeting of November 18, 1999 - approved as submitted. 1.1.2 Regular Meeting of December 16, 1999 - approved as submitted. 2. INFORMATIONAL ITEMS: 2.1 Recreation Update: CSD/Rose presented the recreation update for JANUARY 27, 2000 PAGE 2 PARKS & REC COMMISSION a. Athletics - Adult Volleyball, Basketball & Softball - Youth Basketball and Track and Field Meet b. Contract Classes C. Tiny Tots d. Senior Program CSD/Rose responded to Chair/Nolan that the number of participants in the Volleyball program have dropped off because the event is held on Friday night. Participants indicate that they would prefer to have the event any other night of the week. 2.2 Transition to In -House Program status. CSD/Rose stated that the in-house program is progressing extremely well. The City is looking to fill the Superintendent position from four qualified applicants who are currently being considered. 2.3 Capital Improvement Program (CIP Projects) a Heritage Park/Ronald Reagan Park A.D.A. Retrofit - completed. b. Lorbeer Ball Field Lights - completed. C. Skate Park - out to bid; bids due February 8 - award of contract by February 15 with construction commencing March 1 and completion slated for early June. d. Sycamore Canyon Park A.D.A. Retrofit - contract let for Master Plan. e. Community/Civic Center Project - under consideration by the City Council. Final site selection slated for the February 15 agenda. Chair/Nolan indicated that he was unable to attend the study session. f. Pantera Park Ball Field Lights - Plans and Specifications ready for discussion at neighborhood meeting. g. Peterson Park Drainage Correction - to commence after installation of ballfield lights at Pantera Park. VC/Pruitt stated she attended the grand opening of the Ontario Mills Skate Board Park. Several professionals attended the event and took time to evaluate Diamond Bar's plan. One minor recommendation was to make the right corner proposed in JANUARY 27, 2000 PAGE 3 PARKS & REC COMMISSION Concept A a ledge rather than a square hip with curved edge. She presented the report to CSD/Rose. 2.4 Trails Master Plan CSD/Rose reported that the contract for the Trails Master Plan was awarded to the Roth Group by the City Council. The first meeting with the consultant to kick off the project is scheduled for next week. The intent is to develop a plan with priority and funding needs and standards for the different trail opportunities in Diamond Bar. 2.5 Millennium Celebration VC/Pruitt stated that it was a great event and well attended. She believes that there would have been many more people present except for the rain. She has received a lot of feedback from people of all ages and groups and they want another celebration. She recommends that the City hold another similar event by getting as many people as possible to write letters to the City Council. C/Finnerty said that people loved the location. They were thrilled to be able to walk to and from the event. More than 400 people shuttled to the event. Parking was still available in the area of the event. CSD/Rose responded to Chair/Nolan than there were an estimated 5,000 to 6,000 people in attendance. The Sheriff's Department estimated that the highest number present at one time (11:00 p.m.) was about 4,500. C/Holder said that a lot of people attended the event and then left to be at their homes at midnight. VC/Pruitt said that many people with smaller children left around 10:00 p.m. The rides and vendor's booths were a huge success. The fireworks were awesome. The Millennium Committee members suggested that planning begin earlier in the year in order for the City to solicit and obtain donations for the event. The Commission concurred with VC/Pruitt to invite residents to address their letters to the City Council for approval of a similar event for the end of 2000. The Commissioners voiced their unanimous support of having another event at the end of 2000. JANUARY 27, 2000 PAGE 4 3. OLD BUSINESS: None 4. NEW BUSINESS: PARKS & REC COMMISSION 4.1 Summer Concerts In The Park - 2000 - Staff proposes to conduct 10 Summer Concerts on Wednesday evenings from June 21 through August 23, 2000. With July 4`h falling on a Tuesday, staff proposes to conduct the Patriotic themed concert on July 5 rather than June 28. CSD/Rose presented staff's report. Staff recommends that the Commission review staff's proposed concert schedule and styles of music for the summer of 2000 and comment accordingly. Following is staff's proposed schedule and styles of music for this summer's Concerts in the Park series. Concerts will be held on Wednesday evenings: Date Style June 21 Regae/Calypso/Steel Drum June 28 70's Party/Disco July 5 Patriotic July 12 Country Western July 19 Classic 60's July 26 Big Band/Swing August 2 Contemporary/Top 40 August 9 Irish Dance August 16 Surfin' USA - 50's, 60's August 23 Rock The Commission supported having July 5 as the patriotic themed concert. Chair/Nolan suggested that the series be kicked off with a "walk-in"/"bike-in" event. C/Finnerty asked when the City will have spanner banners available. CSD/Rose responded that the spanner banner process is being reinitiated. The two firms that committed to providing bids read the City's contract proposals and determined that their companies were too small to meet the indemnification requirements. JANUARY 27, 2000 PAGE 5 PARKS & REC COMMISSION The Commission concurred with staff's proposed schedule of dates and music styles for the Summer Concerts in the Park - 2000. 4.2 C.P.R.S. Conference - This educational conference will be held in Ontario, California on March 15 through March 18. Registration materials must be postmarked by January 31 to receive the pre -registration fee of $20 per person less than the regular fee. CSD/Rose presented staff's report. Staff recommends that Commissioners advise staff of their intentions regarding the C.P.R.S. Conference. CSD/Rose stated he will register all five Commissioners. ANNOUNCEMENTS: Chair/Nolan stated that a check in the amount of $500 will be coming to the Diamond Bar Community Foundation from Heritage Farms. C/Holder stated she is having a teen dance tomorrow night at St. Denis from 6:00 p.m. to 10:00 p.m. The entire community is invited. Six local teen bands will be playing. Admission is $2.00 per person. If the event is successful, she plans to schedule a monthly dance. C/Anis said that everyone she spoke with about the Millennium Celebration thought it was a wonderful event. The fireworks brought tears to her eyes. Congratulations to all who worked to make the event a success. On Sunday, April 30 the Friends of the Library will hold its Wine Tasting Soiree at the Shilo Hilltop Suites from 4:00 p.m. to 7:00 p.m. Tickets are $30. C/Finnerty suggested that it might be time to begin working on the City's Youth Master Plan. She asked if there is a possibility that foundation members could be invited to attend certain workshops at the C.P.R.S. Conference. In response to Chair/Nolan, C/Finnerty stated that the following five people were appointed to serve as Council appointees to the Diamond Bar Community Foundation: Eileen Tillery, Andrew Wong, Dexter MacBride, Allen Wilson and Daniel Osaka. The first meeting of the Foundation is scheduled for February 17. The Foundation is looking to appoint four members from different service organizations and the Chamber of Commerce as dictated by the Foundation's by-laws. She reported that the German sausage booth will contribute a net profit of approximately $400 to the Foundation. VC/Pruitt asked if the City has figures on revenue received from the soda machines in the parks. CSD/Rose responded that the City has received two checks: One for just over $1,000 and a JANUARY 27, 2000 PAGE 6 PARKS & REC COMMISSION second check for about $1,900. He stated that the Maple Hills Park machine was broken in to and destroyed last night. Machines at Heritage Park, Sycamore Canyon Park and a third park recorded no activity for the month. This may represent problems with the machines since prior activity had been strong at those parks. VC/Pruitt asked if the City sent a thank you note to M&H Properties. CSD/Rose responded that the thank you letter is on his desk for signature. VC/Pruitt said she reviewed the news release regarding "Family Night Under the Stars" and questioned the run dates and participation per -person price and where the event is being held. CSD/Rose responded that it is a one day event on Friday, February 11 at Pantera Park Community Center from 6:00 to 8:00 p.m. The price is $18 for a family of four or less. VC/Pruitt stated that Pop Warner held elections and the Board remains in tact. The first fund raiser golf tournament that is scheduled to take place the end of May/first of June. Chair/Nolan said he likes the new one page City Communication. He reported that there are no nets on any of the basketball rims at Pantera Park. CSD/Rose stated that the hoops originally installed at Pantera Park were designed to accommodate steel nets. He said he prefers nylon nets. The City recently changed out all of the rims at Pantera Park, and the new rims accommodate nylon nets. The new rims and nets were placed there about two weeks ago. This was probably done after Chair/Nolan saw the missing nets. Chair/Nolan pointed out that there were no doggie pot bags in the holder when he visited Pantera Park. In addition, the electrical box in front of the community room had graffiti painted on it. Chair/Nolan stated that he attended the City Birthday Celebration meeting today. The theme is historical. The level of enthusiasm is high. Genevieve Peterson, the first person to purchase a house in Diamond Bar will be present. The celebration date is April 9. Walnut Sheriff's are seeking youth ages 16 to 18 to sign up for their explorer group. The night before the celebration the Chamber of Commerce will hold its Casino Night from 6:00 to 10:00 p.m. The admission is $25 which includes a barbecue dinner and playing chips for the games. ADJOURNMENT: C/Finnerty moved, C/Anis seconded, to adjourn the meeting. There being no other business to JANUARY 27, 2000 PAGE 7 PARKS & REC COMMISSION come before the Commission, Chairman Nolan adjourned the meeting at 8:50 p.m. Respectfully Submitted, /s/ Bob Rose Bob Rose Secretary Attest: /s/ Dan Nolan Dan Nolan Chairman �' MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION JANUARY 11, 2000 CALL TO ORDER: Chairman Tye called the meeting to order at 7:15 p.m. in the South Coast Air Quality Management Auditorium, 21865 East Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Commissioner Ruzicka. 1. ROLL CALL: Present: Chairman Steve Tye, Vice Chairman Steve Nelson, and Commissioners George Kuo, Joe McManus and Joe Ruzicka. Also Present: James DeStefano, Deputy City Manager; Ann Lungu, Associate Planner; Sonya Joe, Development Services Assistant, Linda Smith, Development Services Assistant, and Stella Marquez, Administrative Secretary. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None offered. 3. APPROVAL OF AGENDA: As presented. 4. CONSENT CALENDAR: 4.1 Minutes of the December 14, 1999, meeting. C/Ruzicka moved, C/Kuo seconded, to approve the minutes of the meeting of December 14, 1999 as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS NOES: COMMISSIONERS ABSENT: COMMISSIONERS 5. OLD BUSINESS: None 6. NEW BUSINESS: None CONTINUED PUBLIC HEARING: None Kuo, McManus, Ruzicka, VC/Nelson, Chair/Tye None None JANUARY 11, 2000 PAGE 2 PLANNING COMMISSION 7.1 Development Code Amendment No. 99-1 and Subdivision Ordinance Amendment No. 99-1 (Continued from December 14, 1999). Development Code Amendment No. 99-1 (pursuant to Code Section 22.44) is a request to amend the following Articles of the Development Code: Presentation by AssocP/Lungu. Staff recommends that the Planning Commission open the public hearing, receive public comments, discuss the recommended amendments as indicated in staff's report and direct staff to prepare a resolution recommending approval of the amendments to the City Council to be forwarded to the Commission on January 25, 2000. Additionally, staff recommends that the discussion on the Significant Ecological Area be continued to January 25, 2000. Article II Zoning Consistency Matrix, Section 22.6.040, Table 2-2, amend to read as follows: RPD - 20,000, R-1-20,000 and R-1-15,000 - Low Density Residential RL); and PA-21SP - RL. Residential Zoning District General Development Standards, Section 22.08.240, Table 2-4, modify the rear yard setback from 20 to 25 feet in the RR Zone; modify the rear yard setback from 15 to 20 feet in the RL and RLM Zones; and add Lot Coverage, maximum 30 percent within the RR, RL and RLM Zones. Allowed Uses and Permit Requirements for Office Zoning Districts, Section 22.10.030, Table 2-5, amend to allow the sale of alcoholic beverages (off site consumption) in conjunction with the sale of motor fuel with a Conditional Use Permit in the OP and CO Zones. Allowed Uses and Permit Requirements for Commercial/Industrial Zoning Districts, Section 22.10.030, Table 2-6, amend to allow the sale of alcoholic beverages (off site consumption) in conjunction with the sale of motor fuel with a Conditional Use Permit in the C-1, C-2 and C-3 Zones. Article III Required Setbacks -Accessory Uses and Structures, Section 22.42.110, Table 3-15, amend the three-foot rear and side yard setback to five feet for swimming pools and similar accessory structures. Guest Houses, Section 22.42.060, amend to allow guest houses up to 25 percent of the main residence, not to exceed 1,200 square feet with a Minor Conditional Use Permit; and to amend overall parcel coverage to 30 percent. JANUARY 11, 2000 PAGE 3 PLANNING COMMISSION Significant Ecological Area, add Section 22.22.160, to discuss development within a Significant Ecological Area. AssocP/Lungu suggested that this matter be discussed at the January 25, 2000 meeting. Article IV Review Authority, Section 22.44.020, Table 4-1, amend Planned Sign Program to Comprehensive Sign Program. Article V Restrictions on Nonconforming Structures, Section 22.68.030, amend to allow additions not to exceed 500 square feet if the exterior limits of the new construction do not exceed the applicable height or encroach further into the setbacks than the comparable portions of the existing structure. Subdivision Ordinance Amendment No. 99-1 (pursuant to Code Sections 21.02) is a request to amend the following Articles of the Subdivision Ordinance: Article I Applicability, Section 21.01.040, amend to add that all subdivisions within the City shall follow the same process as a Development Code Amendment. Article II Changes to Approved Tentative Map or Conditions, Section 21.20.110, amend the process to allow proposed changes to a Tentative Map or conditions of approval to be reviewed and approved by the City Engineer, except as otherwise provided by this Section. PROPERTY ADDRESS: Citywide APPLICANT: City of Diamond Bar 21660 E. Copley Drive, Suite 190 Diamond Bar, CA 91765 VC/Nelson suggested that he should recuse himself from the January 25, 2000, discussion of the Significant Ecological Area issue because the firm he works with is conducting an update for Los Angeles County. JANUARY 11, 2000 PAGE 4 PLANNING COMMISSION DCM/DeStefano responded that it is likely that VC/Nelson should recuse himself. He will investigate the matter further and keep VC/Nelson advised. Chair/Tye re -opened the public hearing. There was no one present who wished to speak on this matter. Chair/Tye referred to a letter addressed to the City from Samuel C. Tricoli which cited Article V, Section 22.68.030 and asked that staff explain how these changes will effect Mr. Tricoli's concerns. AssocP/Lungu responded that Mr. Tricoli wants to add 200 square feet to his home. Apparently, Mr. Tricoli has a legal non -conforming issue because his house is not built to the current setback requirements. In order for Mr. Tricoli to proceed with his 200 square foot addition, he needs to go through the public hearing process, notify property owners within a 500 foot radius of his project site, post his site with a 4 x 6 foot board advertising what he intends to do on his site for a minimum of 10 days prior to the hearing and through the 10 calendar day appeal period and provide a $1,000 deposit to the City. Mr. Tricoli is disturbed because he believes that a 200 square foot addition is minimal and he does not understand why the City would require him to go through this process. Chair/Tye said he is not sure that he would disagree with Mr. Tricoli. C/Ruzicka asked if the proposed amendment will solve Mr. Tricoli's concern. AssocP/Lungu indicated that if the Commission recommends approval of this amendment and the City Council adopts this amendment, Mr. Tricoli's problem is solved because it will not be necessary for him to go through the Minor Conditional Use Permit public hearing process time and related costs. C/Ruzicka asked staff to identify the sections in the Development Code that substantiates a negative impact on surrounding uses will be minimized. AssocP/Lungu identified specific sections of the Development Code that would support that concern. C/Ruzicka moved, VC/Nelson seconded, to prepare a resolution recommending approval of the amendments as outlined in staff's report for Development Code Amendment No. 99-1 and Subdivision Ordinance Amendment No. 99-1 to the City Council to be forwarded to the Commission on January 25, 2000 for final approval, and to continue the public hearing on the Significant Ecological Area discussion to January 25, 2000. Motion carried 5-0 by the following Roll Call vote: AYES: COMMISSIONERS: Kuo, McManus, Ruzicka, VC/Nelson, Chair/Tye NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None JANUARY 11, 2000 PAGE 5 PLANNING COMMISSION Chair/Tye continued the public hearing to January 25, 2000. 8. PUBLIC HEARING: 8.1 Development Review No. 99-12 (pursuant to Code Section 22.48) is a request to demolish an existing 3,944 square foot two-story single-family residence with garage and pool/spa, and construct an 11,389 square foot two-story with basement single-family residence including a six - car garage, motor court, pool/spa and gazebo. PROJECT ADDRESS: PROPERTY OWNER: APPLICANT: 2501 Crowfoot Lane (Tract No. 30577, Lot 61) Diamond Bar, CA 91765 Charles Chin 2501 Crowfoot Lane Diamond Bar, CA 91765 Simon Shum 20545 Walnut Drive #D Walnut, CA 91789 DSA/Smith presented staff s report. Staff recommends that the Planning Commission approve Development Review No. 99-12, Findings of Fact, and conditions of approval, as listed within the resolution. DSA/Smith responded to VC/Nelson that the trees contemplated to be most impacted by this project are the seven California Pepper trees. The project is conditioned that the trees must be fenced within 5 feet of the drip line. No trees will be removed. Simon Shum, architect, explained that the project was designed to conform to the natural landscape and believes it will enhance the neighborhood. Chair/Tye opened the public hearing. There being no one present who wished to speak on this matter, Chair/Tye closed the public hearing. Following discussion, C/Ruzic4 moved, C/McManus seconded, to approve Development Review No. 99-12, Findings *of Fact, and conditions of approval, as listed within the revised resolution. Motion carried 5-0 by the following Roll Call vote: JANUARY 11, 2000 PAGE 6 PLANNING COMMISSION AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: PLANNING COMMISSION COMMENTS: Kuo, McManus, Ruzicka, VC/Nelson, Chair/Tye None None C/Ruzicka complimented staff for the excellent Millennium Celebration. He said he was approached by 10 to 15 people asking that the City planned to scheduled this type of event on an annual basis. C/McManus said that he missed the celebration due to illness. However, he has heard from many people that the event was successful and that people had a good time. INFORMATIONAL ITEMS: 10.1 Planners Institute -March 1-3,2000, Monterey Conference Center. DCM/DeStefano stated that it is imperative that hotel reservations be made as soon as possible and he asked that Commissioners indicate their intentions to staff. 10.2 Compensation Increase for Planning Commission. Report by DCM/DeStefano indicating that Commissioner's compensation will be increased from $60 to $65 per meeting with a maximum per month increase from $180 to $195 effective as of tonight's meeting. DCM/DeStefano indicated to C/Ruzicka that most cities compensate Commissioners with an amount of money. Amounts vary based upon the complexity of projects, the size of cities, etc. Chair/Tye said he would prefer that additional monies be used to compensate City staff. 10.3 Public Hearing Dates for Future Projects. As provided by the matrix within Commissioner packets. DCM/DeStefano reported that the City of Industry Majestic Industrial 6,500,000 square foot project proposed for the Brea Canyon Road and Grand Avenue area just outside the Diamond Bar city limits is moving forward. Since the Commissions last meeting Travelers Insurance and Allstate Insurance. have moved into the Gateway Corporate Center. In addition, two or three Fortunate 100 companies are looking at Diamond Bar as a candidate site for their businesses. The City Council approved an ordinance that prohibits skateboards and other wheeled toys on private property with a slope greater than a two or three percent. The City Council approved JANUARY 11, 2000 PAGE 7 PLANNING COMMISSION development of a skate park at Peterson Park. The City Council is scheduled to award bid on February 1 with construction commencing immediately. The skate park opening is slated for April. DCM/DeStefano stated that the SunCal project is scheduled to go before the City Council for Final Map approval on January 18. It appears that the project will be sold to Pulte Homes and that Pulte Homes will commence grubbing and clearing of the site in about 30 days with grading to follow immediately thereafter. With the construction of homes will come the transfer of about 360 acres of privately held property into public open space. SCHEDULE OF FUTURE EVENTS: As listed in the agenda. ADJOURNMENT: C/Ruzicka moved, VC/Nelson seconded, to adjourn the meeting. There being no further business to come before the Planning Commission, Chair/Tye adjourned the meeting at 8:15 p.m. Respectfully Submitted, James DeStefano Deputy City Manager Attest: l Steve Tye Chairman C0 , Z� C. - MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION JANUARY 25, 2000 CALL TO ORDER: Chairman Tye called the meeting to order at 7:15 p.m. in the South Coast Air Quality Management Headquarters Building Auditorium, 21865 East Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Vice Chairman Nelson. 1. ROLL CALL: Present: Chairman Steve Tye, Vice Chairman Steve Nelson, and Commissioners George Kuo, and Joe Ruzicka. Joe McManus was excused. Also Present: James DeStefano, Deputy City Manager; Ann Lungu, Associate Planner; Sonya Joe, Development Services Assistant, Linda Smith, Development Services Assistant, and Stella Marquez, Administrative Secretary. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None offered. 3. APPROVAL OF AGENDA: As presented. 4. CONSENT CALENDAR: 4.1 Minutes of the January 11, 2000, meeting. C/Ruzicka moved, C/Kuo seconded, to approve the minutes of the meeting of January 11, 2000, as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: 5. OLD BUSINESS: None 6. NEW BUSINESS: None Kuo, Ruzicka, VC/Nelson, Chair/Tye None McManus JANUARY 25, 2000 PAGE 2 PLANNING COMMISSION 7. CONTINUED PUBLIC HEARING: 7.1 Development Code Amendment No. 99-1 and Subdivision Ordinance Amendment No. 99-1 (Continued from January 11, 2000). Development Code Amendment No. 99.1 (pursuant to Code Section 22.44) is a request to amend the following Articles of the Development Code: Zoning Consistency Matrix, Section 22.6.040, Table 2-2, amend to read as follows: RPD - 20,000, R-1-20,000 and R-1-15,000 - Low Density Residential RL); and PA-21SP - RL. Residential Zoning District General Development Standards, Section 22.08.240, Table 2-4, modify the rear yard setback from 20 to 25 feet in the RR Zone, modify the rear yard setback from 15 to 20 feet in the RL and RLM Zones; and add Lot Coverage, maximum 30 percent within the RR, RL and RLM Zones. Allowed Uses and Permit Requirements for Office Zoning Districts, Section 22.10.030, Table 2-5, amend to allow the sale of alcoholic beverages (off site consumption) in conjunction with the sale of motor fuel with a Conditional Use Permit in the OP and CO Zones. Allowed Uses and Permit Requirements for Commercial/Industrial Zoning Districts, Section 22.10.030, Table 2-6, amend to allow the sale of alcoholic beverages (off site consumption) in conjunction with the sale of motor fuel with a Conditional Use Permit in the C-1, C-2 and C-3 Zones. Article III Required Setbacks -Accessory Uses and Structures, Section 22.42.110, Table 3-15, amend the three-foot rear and side yard setback to five feet for swimming pools and similar accessory structures. Guest Houses, Section 22.42.060, amend to allow guest houses up to 25 percent of the main residence, not to exceed 1,200 square feet with a Minor Conditional Use Permit, and to amend overall parcel coverage to 30 percent. Significant Ecological Area, add Section 22.22.160, to discuss development within a Significant Ecological Area. AssocP/Lungu suggested that this matter be discussed at the January 25, 2000 meeting. JANUARY 25, 2000 PAGE 3 PLANNING COMMISSION Article IV Review Authority, Section 22.44.020, Table 4-1, amend Planned Sign Program to Comprehensive Sign Program. Article V Restrictions on Nonconforming Structures, Section 22.68.030, amend to allow additions not to exceed 500 square feet if the exterior limits of the new construction do not exceed the applicable height or encroach further into the setbacks than the comparable portions of the existing structure. Subdivision Ordinance Amendment No. 99-1 (pursuant to Code Sections 21.02) is a request to amend the following Articles of the Subdivision Ordinance: Article I Applicability, Section 21.01.040, amend to add that all subdivisions within the City shall follow the same process as a Development Code Amendment. Article II Changes to Approved Tentative Map or Conditions, Section 21.20.110, amend the process to allow proposed changes to a Tentative Map or conditions of approval to be reviewed and approved by the City Engineer, except as otherwise provided by this Section. PROPERTY ADDRESS: Citywide APPLICANT: City of Diamond Bar 21660 E. Copley Drive, Suite 190 Diamond Bar, CA 91765 Presentation by AssocP/Lungu. Staff recommends that the Planning Commission approve Resolution No. 2000-2, recommending that the City Council adopt Development Code Amendment No. 99-1, Subdivision Ordinance Amendment No. 99-1, and Negative Declaration No. 99-9, Findings of Fact and conditions of approval as listed within the resolution. Chair/Tye re -opened the public hearing. There being no one present who wished to speak on this matter, Chair/Tye closed the public hearing. JANUARY 25, 2000 PAGE 4 PLANNING COMMISSION C/Ruzicka moved, VC/Nelson seconded, to approve Resolution No. 2000-2 recommending that the City Council adopt Development Code Amendment No. 99-1, Subdivision Ordinance Amendment No. 99-1, and Negative Declaration No. 99-9, Findings of Fact and conditions of approval as listed within the Resolution. Motion carried 4-0 by the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: 8. PUBLIC HEARING: None PLANNING COMMISSION COMMENTS: INFORMATIONAL ITEMS: Kuo, McManus, Ruzicka, VC/Nelson, Chair/Tye None McManus None 10.1 Planners Institute -March 1-3,2000, Monterey Conference Center. DCM/DeStefano encouraged Commissioners to attend the Conference. Any Commissioner wishing to attend should advise staff as soon as possible. 10.2 Planning Commission Re -appointment - Verbal Report. DCM/DeStefano stated that the City Council will consider this matter at its February 15, 2000, meeting. Staff recommends that those Commissioners who wish to continue serving in their current capacity contact their Council Member to voice their desires. The annual reorganization of the Planning Commission will take place at the March 14, 2000, meeting. 10.3 Public Hearing Dates for Future Projects. As provided by the matrix within Commissioner packets. DCM/DeStefano stated that staff anticipates a City Council Public Hearing on March 7, 2000 for the Development Code amendments approved this evening. SCHEDULE OF FUTURE EVENTS: As listed in the agenda. JANUARY 25, 2000 PAGE 5 PLANNING COMMISSION ADJOURNMENT: C/Ruzicka moved, C/Kuo seconded, to adjourn the meeting. There being no further business to come before the Planning Commission, Chair/Tye adjourned the meeting at 7:24 p.m. Respectfully Submitted, 4A 1� J es DeStefano Deputy City Manager Attest: �-- Fun Steve Tye Chairman CITY OF DIAMOND BAR MINUTES OF THE TRAFFIC AND TRANSPORTATION COMMISSION JANUARY 13, 2000 CALL TO ORDER: Chairman Morris called the meeting to order at 7:11 p.m. at the South Coast Air Quality Management District Hearing Board Room, 21865 East Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of Allegiance by Chair/Morris. ROLL CALL: Commissioners: Chairman Roland Morris, Vice Chairman Arun Virginkar, and Commissioners Jack Istik and Scott Lin. Commissioner Joyce Leonard -Colby was excused. Also Present were: David Liu, Deputy Director of Public Works, Rose Manela, Associate Engineer; Sonya Joe, Development Services Assistant; Linda Smith, Development Services Assistant; Frank Hess, Public Works Supervisor; John Ilasin, Engineering Technician; Sharon Gomez, Administrative Secretary and Deputy Tim Perkins. I APPROVAL OF MINUTES: A. Minutes of October 14, 1999. VC/Virginkar moved, C/Lin seconded, to approve the minutes of the regular meeting of October 14, 1999 as submitted. Motion approved with the following Roll Call vote: AYES: COMMISSIONERS NOES: COMMISSIONERS ABSTAIN: COMMISSIONERS ABSENT: COMMISSIONERS It COMMISSION COMMENTS: None III PUBLIC COMMENTS: None Lin, VC/Virginkar, Chair/Morris None Istik Leonard -Colby JANUARY 13, 2000 PAGE 2 T&T COMMISSION IV CONSENT CALENDAR: None V NEW BUSINESS: A. Consideration of multi -way stop signs at the T -intersection of Chestnut Creek Drive/Evergreen Springs Drive (both south and north), Chestnut Creek Drive/Tierra Loma Drive, and Presado Drive/Chestnut Creek Drive. DSA/Smith presented staff s report. Staff recommends that the Traffic and Transportation Commission receive public input and discuss the installation of multi -way stop signs at the intersections of Chestnut Creek Drive/Evergreen Springs Drive, both T -intersections of Chestnut Creek Drive/Tierra Loma Drive and Presado Drive/Chestnut Creek Drive and concur with staff's recommendations and forward the following recommendations to the City Council for approval: Staff' does not recommend the installation of stop signs at Chestnut Creek Drive/Evergreen Springs Drive and the T -intersections) of Chestnut Creek Drive/Tierra Loma Drive. Staff recommends the installation of multi -way stop signs for all legs of Chestnut Creek Drive and Presado Drive and further recommends that red curbing be installed on Presado Drive at Chestnut Creek Drive 50 feet each side of Presado Drive for additional visibility. Diane Dahl, 1938 Chestnut Creek Road, said she can see where there has been a problem in the past. Normally people slow down to turn and are usually cautious. A stop sign at Chestnut Creek Drive would most likely solve the problems on Tierra Loma Drive. Her main concern is with Presado Drive and the ability of motorists to get out of the street onto Chestnut Creek. Wale Alofe, 1966 Chestnut Creek Road, said he is a registered Civil Engineer with the State Department of Transportation. He stated that although he has lived at his current address for only three years, he has seen the potential for accidents on the street. He constantly witnesses people speeding down the road in an attempt to avoid Diamond Bar Boulevard and Pathfinder Road. He favors speed humps on his street and stop signs at the intersection of Presado Drive and Chestnut Creek Drive on both sides as well as, a stop sign at the intersection of Evergreen Springs Drive and Chestnut Creek Drive. Mohan Lawani favors installation of speed humps and stop signs. He welcomes a scientific study and he does not believe that the report presented by staff is valid. Robert and Jolene Zirbes, 2141 Tierra Loma Drive, said they favor stop signs at the intersection of Chestnut Creek Drive and Presado Drive. They have lived on their street for 15 years and have witnessed several serious accidents at that blind intersection. Robert Zirbes stated that cars "fly" down Chestnut Creek Drive toward Presado Drive constantly and he is very concerned about the safety of his children and other children in the neighborhood. He asked the Commission to JANUARY 13, 2000 PAGE 3 T&T COMMISSION consider speed humps and stop signs. Mr. and Mrs. Zirbes support staffs recommendation for stop signs at Presado Drive/Chestnut Creek Drive and consideration of some type of mitigation at Tierra Loma Drive and Chestnut Creek Drive. Carlos Torres, 2005 Tierra Loma Drive (corner of Tierra Loma Drive and Chestnut Creek Drive), said he has lived at his current address for six months. He has two young children. When he moved to the area he was hopeful that his children could play in the front yard. However, he believes it is not safe because he has seen wreckless motorists. Stop signs are probably a good idea. Most of the citizens are law-abiding but there are motorists who speed on the street, even uphill. Patricia Marinovich, 2003 Chestnut Creek Drive (intersection of Tierra Loma Drive and Chestnut Creek Drive) said that there are a lot of speeding vehicles in her area. She asked the Commission to consider speed humps and stop signs and not to wait until someone is killed before the City takes action. Sidney Jacobs, 2009 Chestnut Creek Road, said that speed is an issue on Chestnut Creek Road and it is Chestnut Creek Road and has never been Chestnut Creek Drive. He is concerned about speeding traffic on Friday and Saturday nights that were not part of the survey time. He agrees with staff s recommendation for installation of stop signs for Presado Drive and Chestnut Creek Road. C/Lin thanked staff for their thorough investigation of the matter. Based upon residents' comments, he is inclined to recommend more stop signs, C/Istik said he has always been in favor of speed humps. Currently, there are no speed humps allowed in the City. One approach that has been used by other cities is that two-thirds of the people who are impacted by the speed humps can sign off on the project if they wish speed humps installed and if it meets the safety criteria set forth by the city. This Commission previously initiated a neighborhood traffic study that covered an entire area. DKS proposed solutions for slowing the traffic on the residential streets and he believes most of the residents were happy with the results of the study and felt that the mitigation measures worked. VC/Virginkar stated that the Traffic and Transportation Commission has discussed the issue of speed humps on several occasions. As a result of those discussion, it was determined that speed humps would not benefit the City's residential neighborhoods. He concurs with staffs recommendation for installation of a stop sign at Presado Drive and Chestnut Creek Road. He said he would also like for the Commission to consider installation of multi -way stop signs at Evergreen Drive and Chestnut Creek Road based upon safety concerns. JANUARY 13, 2000 PAGE 4 T&T COMMISSION Chair/Morris spoke about the topography of Diamond Bar and it is attractive for residential living and at the same time presents traffic problems. He asked Deputy Perkins to have his department take a close look at this area in the peak p.m. hours because he believes increased enforcement might alleviate some of the problems and concerns addressed by the residents. He further asked Deputy Perkins to communicate with Diamond Bar High School to make the students aware of the safety concerns and learn to respect the residential neighborhoods. Deputy Perkins indicated to Chair/Morris that the Sheriffs Department has been focusing on the area of Evergreen Springs Drive and Pathfinder Road in accordance with the City Council's instructions. Response from law enforcement has been good in that area and contact has been made with many students in that area during school hours. He has not had any recent communication with the high school nor has he asked them to communicate with the students about their driving. Chair/Morris said that safety has always been a primary concern of residents. He would like for staff to investigate existing signage on Chestnut Creek Road, Evergreen Springs Drive and Presado Drive to determine whether it is adequate. He concurs with VC/Virginkar that the City needs to take a much closer look at the intersection of Chestnut Creek Road and Evergreen Springs Drive. If the addition of a stop sign does anything to discourage cut -through traffic, it serves a purpose and enhances safety. He believes that speed humps would turn into launch pads on Diamond Bar's hilly streets. DDPW/Liu responded to an audience member that the City's current policy is no installation of speed humps. He suggested consideration of botts dots as an alternative mitigation measure pointing out their advantages and disadvantages. Chair/Morris suggested the residents discuss the potential use and placement of botts dots. C/Istik said he would prefer to consider stop signs as part of an overall neighborhood study. Chair/Morris said he agrees with staff's recommendation for the three way stop at Presado Drive/Chestnut Creek Drive. He is leaning toward VC/Virginkar's recommendation for the Evergreen Springs Drive/Chestnut Creek Drive location. However, he would prefer to have more information before recommending the stop sign at the second location. In the meantime, he believes that signage, communication with the high school and additional enforcement would help to mitigate the situation. VC/Virginkar moved, C/Lin seconded, to recommend installation of two multi -way stop signs on JANUARY 13, 2000 PAGE 5 T&T COMMISSION Chestnut Creek Drive/Evergreen Springs Drive and Chestnut Creek Drive/Presado Drive, with appropriate striping and red curbing as recommended by the staff. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: C. Washington Street Parking. Istik, Lin, VC/Virginkar, Chair/Morris None Leonard -Colby AE/Manela presented staff s report. Staff recommends that the Traffic and Transportation Commission receive public input and discuss the installation of additional red curbs and/or parking restrictions at the intersections of Washington Street/Windwood Drive. AE/Manela responded to Chair/Morris that staff has discussed this matter with Metro -Link and the City of Industry. DDPW/Liu stated he believes that the City of Industry is working with Metro -Link to expand the park and ride lot. Chair/Morris said he believes an informational letter from the City to the City of Industry would serve to communicate the problem. Lyle Kennedy, 21015 Washington Street, said he has noticed a significant increase in parking on his street and he believes the problem will be worse as time passes. Jeff Reinert, 726 Windwood Drive, said the intersection of Windwood Drive and Washington Street has become a serious safety issue during the morning hours. Metro -Link parking has already spilled over into the condominium complex and the residential tract in the area. The increased traffic makes it difficult for young children to safely board the school bus on Washington Street in the morning. C/Istik moved, C/Lin seconded, to adopt staffs recommendation to install 150 feet of additional red curbs and/or parking restrictions at the intersections of Washington Street/Windwood Drive. Motion carried by the following Roll Call vote: AYES: Istik, Lin, VC/Virginkar, Chair/Morris None Leonard -Colby COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: JANUARY 13, 2000 PAGE 6 T&T COMMISSION The Commission concurred to direct staff to send a letter to the City of Industry communicating the concerns regarding the lack of sufficient parking at the Metro -Link park and ride lot. B. Consideration of multi -way stop signs at the intersection of Leyland Drive/Benfield Drive and Leyland Drive/Newbury Way. DSA/Joe presented staff s report. Staff recommends that the Traffic and Transportation Commission receive public input and discuss the installation of multi -way stop signs at the intersection of Leyland Drive/Benfield Drive and Leyland Drive/Newbury Way. Jian Tsai, 791 S. Leyland Place, asked the Commission to install multi -way stop signs at the intersection of Leyland Drive and Benfield Drive. Arjan Idnani, 24197 Benfield Place, is at the corner of Leyland Drive and Benfield Drive and he knows that there is a speeding problem. About six months ago there were patrol officers present in the area giving tickets on a daily basis. For the past four or five months there has been no patrolling of the area. He does not believe a stop sign will solve the problem. He would prefer to see more enforcement in the area, especially in the evening hours. Angela Holloway, 780 Leyland Drive, acknowledged that there is speeding on her street. She is concerned about the safety of small children in her neighborhood and believes that installation of stop signs at both ends of Leyland Drive would be beneficial to the residents. Mr. Holloway concurred. Chair/Morris said he has noticed that people who play basketball at Pantera Park tend to park along the driveway rather than using the marked parking spaces. He suggested that the participants be asked to monitor their driving habits when leaving the basketball court. VC/Virginkar moved, C/Istik seconded, to recommend installation of multi -way stop signs at Leyland Drive and Benfield Drive. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: Istik, Lin, VCNirginkar, Chair/Morris None Leonard -Colby DDPW/Liu indicated to Chair/Morris that staff will conduct a site evaluation of the need for warning signs. Signs will be installed, if warranted. JANUARY 13, 2000 PAGE 8 T&T COMMISSION VIII ITEMS FROM STAFF: DDPW/Liu stated that on November 23, 1999, the Redevelopment Agency awarded the design services to Warren Siecke for the left turn traffic signals for Golden Springs Drive/Lemon Avenue, Diamond Bar Boulevard/Sunset Crossing Road, Pathfinder Road at Fernhollow Drive, Brea Canyon Road/Lycoming Avenue, Golden Springs DriveBallena Drive, and Pathfinder Road/Evergreen Springs Drive. In addition, the Agency awarded design services to Linscott, Law and Greenspan for traffic signal modification on Golden Springs Drive and Grand Avenue. DDPW/Liu reported that at its January 4, 2000 meeting, the City Council approved the design services contract for the three parkway medians on Golden Springs Drive. In addition, the Council approved the Trails and Bicycle Routes Master Plan. The Council also awarded design of the ADA improvements at Sycamore Canyon Park. A. Verbal Presentation: Monthly Traffic Enforcement Update for October/November/December, 1999. - Oral report by Deputy Tim Perkins. IX INFORMATIONAL ITEMS: 3. Future Agenda Item 4. Public Testimony dated November 18, 1999 Resolution No. 90-75A - "A Resolution of the City Council of the City of Diamond Bar Amending Resolution No. 90-75 Establishing Compensation for City Commissioners/Committee Members." X SCHEDULE OF FUTURE CITY MEETINGS AND EVENTS: As agendized. ADJOURNMENT: C/Istik moved, C/Lin seconded, to adjourn the meeting. There being no further business to come before the Traffic and Transportation Commission Chair/Morris adjourned the meeting at 9:58 p.m. JANUARY 13, 2000 PAGE 9 T&T COMMISSION Respectfully, /G/ navid GL Liu David G. Liu Secretary Attest: /s/ Roland Morris Chairman Roland Morris CITY OF DIAMOND BAR INTEROFFICE MEMORANDUM TO: Mayor O'Connor and Councilmember Herrera FROM: Linda G. Magnuson, Finance Director 04YVA SUBJECT: Voucher Register, March 7, 2000 DATE: March 1, 2000 Attached is the Voucher Register dated March 7, 2000. 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 REGI�TER APPROVAL The attached listing of vouchers dated March 07, 2000 have been rev1ewe�, approve�, and recommended for payment. Paymen�s are hereby allowed from the follow1ng fun�s in these amounts FUND DESCFTPTION PREPAID V�UCHERS TOTAL 001 GENERAL FUND 139,333.68 510,299.32 649 633.00 010 011 LIBR�RY SERVICES.00 145.02 `145 02 COM QRGANIZATION SUPPORT 300.00 .00 300^00 112 PROP A - TRANSIT FUND .00 23,202.68 23 202`68 115 INTEGRATED WASTE MGT FUND 'O0 4,926,39 4`9�6-39 118 AIR QLTY IMPR FD (AB27�6) .00 908.08 `vo8^08 126 CITIZENS OPT -PUBLIC SFTY 118.38 500.00 618^38 138 LLAD #3S FUND .00 4,381.17 4 381`17 139 L L A D FUND .00 3,997.50 3`997^50 141 LLAD #41 FUND .00 2,860.00 2`860^0O 250 CAPITAL IMPROV/PROJ FUNO '00 200,770.52 200`770^52 510 SELF INSURANCE U FND2`576~00 REPORT FOR ALL FUNDS 139,752.0� 754,566.68 894,318.74 APPROVED BY: F -in. ince Director ...... ........ Councilmember CITY OF DIAMC?,D BAR RUN DATE: 03/01/2000 17:39:31 VOUCHER REGISTER PAGE: 1 DUE THRU: 02/07/2000 PREPAID FUND,SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK TEFRY AHN 001-34780-- -347&:9 RECREATION REFUND 25.00 TOTAL PREPAIDS .UC TOTAL VOUCHERS 25.00 TOTAL DUE VENDOR '25.00 AIRTOUCH CELLULAR 0014090-42125-- CELL CHRGS-'NCL/CMGR 294.14 03/07/2000 35738 1264411-42125-- CELL CHRGS-SHERIFF'B 118.38 03/07/2000 15738 0014440-42125-- CELL CHRGS-EMER PREP PHNS 79.96 03/07/2000 05738 TOTAL PREPAIDS 49'2.48 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 492.48 AIRTOUCH PAGING Oi14090-42130-- os": - 1 -341890.84 CITY PAGERS -STATEWIDE 25.83 03/07/2000 3575: TOTAL PREPAIDS 25.K TOTAL VOUCHERS .00 TOTAL DUE VENDOR AMERICAN PUBLIC WORKS ASSOCIATION 0015510-42340-- MTO - GASB34 - LIU 50.00 03/07/2000 35760 TOTAL PREPAIDS 50.00 TOTAL VOUCHERS ,00 TOTAL DUE VENDOR. 50.00 AMERICAN SOCIETY LOF CI`dIL ENGINEERS ('015510412340— W SCHL SEMdn -R MN LA�r F v5.00 0-3/0712000, ."5759 TOTAL PREPAIDS 6r`.00 TOTAL 'VOUCHERS .00 TOTAL DUE VENDOR 695.00 ASPHALT " IfTENANCE COMPANY 2`0"10-46411-01Va9-41411 9161 SLURRY SEAL -AREA 1 PFOJCT 5, a3 .e2 TOTAL PREPAIDS .00 TOTAL VOUCHERS 5,932.82 TOTAL DIRE YENDOR 9". 82' AT&T 0014090-42125-- LNG DIST CHARGE 25.82 OOI5:3i3-42125-- LNG DIST-HERITAGE PK r .',Va 8i "15%'31-42125-- LNG DIST-SYC CYN PK 12.67 :-_,�_'-- LONG DISTANICE CHARGE 66.26: L_.tu [ISTIANICE CHARGE TOTAL PREPAIDS .00 TOT4L VOUCHERS 1c.G_ TOTAL DUE '.;BIRO 6,0:=: CITY OF DIAMOND PAF; RUN DATE: 03;01/2000 17:3931 VOUCHER REGISTEF PAGE: DUE THRU: O , /07; 2000 PREPAID FUt.iDfSECT-ACCT-PROJECT-ACCT PO # INVOICE Di-SCRIPTION' AMOUNT DATE CHECK AT&T WIRELESS 0114030-4212`_-- CELL CHQC_CI?t MAPJAGEF.' `4.45 0014415-42125-- CELL CHRG-V/PATROL 67.77 0014411-42125-- CELL CHRG-SHERIFF 2q•1w ;1014090-42105-- CELL C"HR-0-GENERAL 107.0'e. TOTAL PREPAIDS .00 TOTAL VOUCHERS 258.49 TOTAL DUE VENDOR 258.44 ATHENS SERVICES 0015510-455'01— 71 UAP, 200TREET SWEE IN SVCS -JAN 8"219.16 TOTAL PREPAID: •'';r(; TOTAL VOUCHERS 8,214.16 TOTAL DUE VENDOR 8,219.16 AUCTION EXPRE=S TITLE SER!ICE 0.}!41;91;-441111(1-- 80728-80736 PROF.SVC-VEH REGISTRATION 67.50 TOTAL PREPAIDS •00 TOTAL VOUCHERS 67.50 TOTAL DUE VENDOR 67.50 BEST LIGHTING [1)15319-42216-- 54:6 PROF SVC-ELECTRCL REPAIR 192.50 TOTAL PREPAIDS .00 TOTAL VOUCHERS 192.50 TOTAL DUE ' ENI TDOR 192.50 PIE ER LIGHTING CCFFORATION 0+115322-42210--113u99H PROF SVC-TENNiS CRT LITE5 -',l16.00TOTAL PREPAIDS .00 TOTAL VOUCHERS 2 116.00 7107 rl, E kyENDOR 2 116.00 rA 'r: LOC}•: ���:; SAFE S:14-4'21 0-- 15;9KEIS PETERSPK RS RM O".00 16.1 _ TOT{L FREFAI'DIS 00 TOTAL VOUCHEP° 1,.16 IOTA_ DUE VENDOR 16.16 - F:O ,jr-IN'TwC•TR W; - ESSN - 510.00 7!'TAL FGEFAIDS ,Ott TOTAL VOUCHERS 510.00 OT h _UE )EINIDO5-1.00 CIT`' OF DREA yi COMP TECH SPPRT-AUG-DEC:99 450. OD TOTAL PREPAIDS .r)G TOTAL VOUCHERS 450.00 TOTAL DUE VEND' S". . O r-HIPESE DAIL, p;_ , roo4,nrt_42,0 r,.__ ?725 SUBSC�'IPTIDN - i YEAS 171:,00 03/011/20,00 35755 TOTAL PREF'AIDS 17L. �0 TOTAL VOUCHERS ,+ If; TOTAL DUE VEND'OR 17E:, 00 _ut�diJ HILLS cr;P`r nr1;4,.i}-}221+-- VEH MAINT-97 FORD TAURUS 24.78 TOTAL PREPAIDS .00 Ti C7 VOUCHERS 24.78 TrtT, 1 DUE VENDOR 24.7" CITY OF DIAMOND BAR RUN DATE: 03/01,'2000 17:39:31 VOUCHER REGISTER PAGE: 3- DUE THRU: 03;'07/2.:j'jj PREPAID FUNDJSECT-ACCT-PROJECT-ACCT PO It INIVOICE DESCRIPTION AMOUNT DATE CHECK CA PARI I. RECREATION SOCIETY 001400-42115-- 131 AE -K.. °:: REC OPENINGS 55.01) TOTAL PREFAMS TOTAL VOUCHERS 55.x0 TOTAL DUE VENDOR 55,0;; CALIBER CONSTRUCTION INC (4)14090-42210-- 9920 -CDB PROF SVC-ELECTRCL OUTLET 215.0:' TOTAL PREPAIDS .00 TOTAL VOUCHERS 215.33 TOTAL DUE VENDOR 215.E CALIFORNIA :;PIA 5104081-4720!'-- LIABLTY CS?-l,lij-6/30(01 2,576.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 2,576.00 TOTAL DUE VENDOR '2),576.00 CHAMBER OF COMMERCE OF WEST CDVIt#A 0014010-4232`-- LEGIS PWR LUCHEON-MAYOR 3.00 [3/0',/2000 05747 TOTAL PREPAIDS 2:•00 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 21. 00 CHARLES ABBOTT ASSOCIATES INC. C'C}15350-42::54-- 04`-572 MAINP SVCS—FOF. MILLEN!IIUM 1,494.96 112__7.• 455"-- PROF SvCS-8;,: Of INSP JAN 400. 00 551`t -4._..,v :i4"—., RDMAiNT-1 '2/•:—l,a:/00 9,�?; _.�U 15511? -455 r:-- ir::; %4'J MR€::ING °: SGNING-121'2 -1/8 71.`_:,50 �;.cc cai n 0.'� 5=_-4.,.3t,,-- - - 57. cc. R G 7 � � n i;4''-.�,--__• PROF SVCS -WEED ABTMIT JAN 4 .•�.; _ 525 -'r_:4 �:.4'=' _�_ RGHT OF W,1L/:.1,-1/8:'iiij :3`'t•.i:l '4'>-_ RD MALN: �_ 8. 15 PROF SVCS—TREE WTRNG JACJ z,6r�2.lt. tn,lcr crtln-- ., �'� --53 KT1.r F.. rh ham' > ria -•;'.lint ��o cit : CC, �_ i 111 •__f0-4515,02-- 015510-4.5,02 — �•. L': ';r. -- - r'Q_9`i :4'>' _?U RD MAICJ?-1, : _ /00 -:tj� M1M1 6,�., .,., crn �ccip 7,58-455,"' "'_-41•_::-- 9492 649-5-3- -C�� n -. C iC U 64=�-.,;� C PROF SVCS -TREE WELL REML 62('.,. v,•._r.1-4 _I_ -- : ❑ ^ :r:. f. T f. .1 M_11f/.ip_t.il •�O 114';'_c._24 RrlO -'-1 4 I1f : T2L (,c �. ii -4. -- RGHT OF : 7`75.'2:' TOTAL FREFAIDS .00 TOTAL VOUCHERS'�,085.f' ;OTAI.iUE nac ,F" r-HIPESE DAIL, p;_ , roo4,nrt_42,0 r,.__ ?725 SUBSC�'IPTIDN - i YEAS 171:,00 03/011/20,00 35755 TOTAL PREF'AIDS 17L. �0 TOTAL VOUCHERS ,+ If; TOTAL DUE VEND'OR 17E:, 00 _ut�diJ HILLS cr;P`r nr1;4,.i}-}221+-- VEH MAINT-97 FORD TAURUS 24.78 TOTAL PREPAIDS .00 Ti C7 VOUCHERS 24.78 TrtT, 1 DUE VENDOR 24.7" CITY OF IIIAM'ONG BAF: RUN LATE: 03/01/2000 17:39:31 VOUCHER REGISTER PAGE: 4 DUE THRU: 03/07/2000 PREPAID FUND/SECT-ACCT-PR0jECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK: CINTAS CORPORATION 0015.'•10-42130-- 40:56 150273831 UNFRM RNT!-'1k 2/14 CS 14.52 0015:::10-421'0-- 9:`136 150275470 UNFRN RNTL - N�. 2/21 CS 17,c;4 OLl1 10 421.31;-- 0015310-42:130- 40?_ 150272271 UNFRM RNTL-WE. 2/7 CS 14.52 .OGi'_10-42130-- 9150272271JiFRM RI;T;L-�1_. 2' j7 PW -• 0015510-4212',0— ,,,. 45'''x' 150273;.31 UNFRM FINTL-64K 2/14/00 F'K 18.50 TOTAL PREPAIDS .00 TOTAL VOUCHERS 6S 2'`' TOTAL LIVE VENDOR LOUT „I- 325 L.i�J' MEMFR-HP MTC-ANSAR� 24 r1 TOTAL PRFPAIDS 1L'•i}'' TOTAL VOUCHERS 0 TOTAL DU .yi :;*:n j :,0 CM SCHOOL SUPPLY 00153350-41200-- :::__=1 TINY TOTS SUPPLIES-PNTERA I88.41 ;1=, 50-412x1:;-- =5L50 SUPPLIES -TINT' 70T/REO 2`'.5_: TOTAL PREPAIDS 0Q` TOTAL VOUCHERS 217.99 TOTAL D'UE VENDOR 217•99 r�=_ -- 1: -:4: = RECREATION REFUND _. _ _. 43.00 TOTAL F't,EPAIDS 00, TOTAL VOUCHERS 43.00 T 0T!lL DUE VENDOR 43.00 CFF'- ,n cr.c.a_�r`"-- ._: MEM8R5HF-REF STAF` 31`1•'�i�a T"TAL PREPAID;- .00 TOTAL VOUCHERS _;it1,0i TRIAL DUE VENDOR 310.00 :°CAS DISTfi;ICT flil OC`•15?50-42'25-- CFPC .'IST dC'r'EO'.-_ STAFF 80.:''' TOTAL PREPAIDS 110 TOTAL VOUCHEFS 80.00 TOTAL DUE VENDOR 80.00 ", I �pjG,n��Eurn�G 001522(1-4':2'nl-- 9014A 2t;i10DE-0 HLIT10177; Sti::-1/17-2111'0 10,510.2.` TOTAL PF:EF`AIL`S .00 TOTAL V0UCHCCF;S 18;510.29 T OTAL DUE t'ENDJOR tU q1n„r DAVID EVANS AND ASSOCIATES._ INC 25`'15=:0-46415-112'x, 46415 C7969 0=:2361 PROF SVCS-LORBEER B/FIELD 1,050.01'.' TOTAL PREFAIDS. 00 TOTAL VOUCHERS 1,050.00 TOTAL DUE VENDOR 1,050.00 CITY OF DIAMON PP RUN DATE: 03/01/2000 17:39:31 VOUCHER REGISTER; DUE THRU: FUND,SECT-ACCT-PkO,JECT-ACCT F'0 # INVOICE DESCRIPTION DAY & NITE COPY CENTER FEB FEL -DENTAL PREMIUMS 0')15350-4211C!-- 00? PRIIT U ING SVCS -YOUTH LSk:.LiLL �`_05'1i!-46415-15500-4.415 00 F'RNTIP'i� SVC-F'LN/SPEC PTRS 2505215-46.420-1'30;9'-46.420 007PkNTING TOTAL DUE VENDOR SVCS -COMM C/CENTR 0015350-41200-- 007 SUPPLIES -SOCCER FLYERS 2505310,-46415-155jt}-46415 i!011:; PRNTING SVCS -SPECS Si -.'.T PK. Ci; TOTAL PREPAIDS PROF SVC-LANTERMAN 2/7/00 1512 10-44000-- TOTAL VOUCHER=: PROF SVC-PLNN COMM 2/14 :G1535!:�-4431;1;-- TOTAL DUE VENDOR PROF SVCS-P&R MTG 1/27/110 DELTA CARE PMI 001-1104-- FEE FEL -DENTAL PREMIUMS TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR DELTA DENTAL AMOUNT 0U1 -211x14-- FEB FEL -DENTAL PREMIUMS TOTAL F'kEF'AIDS TOTAL VOUCHERS TOTAL DUE VENDOR CAROL DENNIS 00140411-44000-- 92;_.0 DLCui2U1 PROF SVC-CC,RDA,STDY SESS Ci; PROF SVC-LANTERMAN 2/7/00 1512 10-44000-- 9260 14 100 PROF SVC-PLNN COMM 2/14 :G1535!:�-4431;1;-- 9260 PR_012' PROF SVCS-P&R MTG 1/27/110 00140'30-44000-- 9260 WCCA0202 PROF SVC-WCCA MTG 2/2/00 0015210-44000-- <6Q PC°:.AR2/1/00 PROF SVC-FLN COMM '2/11ini TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDTfh JAMES DESTEFANO 0015210-42330-- DEWAN LU NIDIN ?:! ASSOCIATES 250551ti-46411-1229u 46,411 2-5-05511 0-46411 1-1319-8-4L411 DFM 3T�:q 0-.14;!4l!-4 21 31 90-- ::./28/00 ADVNCE TRVL WNS-:/1-3/3 TOTAL PREPAIDS TOTAL VOJCHERS TOTAL DUE VENDOR PAGE: PREPAID DATE CHECK 427.05 938.75 ,� 297._2 03,•'G7/240i -:,.! 4? 297.82 1,912.40 0/07/2000 35739 1,912.40 .00 1,912.40 300.00 810.00 9'0.00 140.00 140.00 0.00 .00 840.00 ,140.00 195.75 03/07/2000 3576.3 195.75 .00 195.75 9449 JIB 02. 3 DSGN SVCS-DRNAGE IMPROVMT 10,12:.75 9294 Duii2: -3 D OF SVCS -INSPECTION CTION SVCS 7,240.011 TOTAL PREPAIDS •00 TONALrGUCH S 17,362.75 ER � TOTAL DUE: VENDOR 17,362.75 944`. i!=:020X12-IN 21:11'; CA ELECTION CODE UPD 7`;.5'= TOTAL FREF'AID •0'? T ITAL VOUCHE 7,17r.i rt'rtiF�lr!GR 'O L!rig. .__ I.-NDOR .d DIAMOND BAR IMPROVEMENT ASSOCIATION 00140910-42115-- 9540 303° AD -CENSUS 2000, 440.00 TOTAL PF,EPATDS loo TOTAL VOUCHERS 440.00 TOTAL DUE VENDOR 440.00 DIAMOND BAR MOBIL 00140)90-42'310)-- JAN -00 FUEL -GENERAL GOVT -JAN 97.10 00153110-42310-- JAN -00 FUEL -COMM SVCS - JAN 245.37 TOTAL PREPAIDS .00 TOTAL VOUCHERS 342.47 TOTAL DUE VENDOR 342.47 DIAMOND GAF; REDEVELOPMENT AGEP;CY 1;1;1-1=1`;-- RI!A'='07 ADVANCE TO RPA - 3/7/2'i�;:.)i09 03107/200.? RDA 307 TOTAL PPEP-;IDS 27,713.0. TOTAL VOUCHER .00 TOTAL DUE VE^'DOR 27,71'.05 DIAMOND PHOTO j1115=5i;-412'00'- 271672 FILM DEVELPMT-RECREATION 12.02 i1'?15.50)-4121;0-- 2711761673 PIHOTO DVLPMT-REC BROCHURE 25.19 010153-K-42.:�n-- _7167%,,67" PHCTG DVLPMT-RECREATION 25.64 1::. T07AL PPEPAIDS .00 TOTAL VOL!CHERS '°5 �. TOTAL DOGE VEND-CF,F 6 2.8 D1AN"4D SANCH HIGH BOOSTER CLUB 01I4'`11i -4 55-- 1ST ANP!_ "AINC NITE-SF'NS j0;0,i1ti 0:/!i7/20u)0 35157 �} TOTAL P`FF_F`'- J 300.00 TOTAL VOUCHERS 0,r' TOTAL IDE VENDOR aJ0.00 11E I F R :'!CTT T ! Di RSIFIEI ;P„) NK` 1 iC „-:_ Jr-::,-- . �=455_:-4. Gr,7 _ 7 CITY OF DIAMOND BAR. t PC 4T j -t 5 r 0i .DIAMON _, ,:1L' i. 1 i1=/: RUN DATE: 03/011/2000 17:39:31 111_cam60-4_;1c VOUCHER ;Et:GISTER PAGE: 6 HOLIDAY i•, RID 51.'�'i, DUE THRO: 0 /07/20jC, 125553-4CC.'�G_ DIAMOND PREPAID FUND /SEC?- ACCT -PROJEC?-ACCT PC # INVOICE DESCRIPTIO"! AP!CUNT DATE CHECk:: DIAMONI! BAF; CHAMBER OF COMMERCE HD_iIAY RIDE -1211-31/00, 4802.90 0014-010-4'Z321-- ':'114010-42"`-- ,2_ MTG-CMG-'/CNCL 2/2_ 00; 60.0'0 03/07/2'0700 3574'x_: 0014095-45rC;0;-- 0, '?104 1264 PROF SVCS-D/B MAPS 4500;.00 TOTAL VOUCHERS TOTAL P'REPAIDS 60.00 TOTAL VOUCHERS 4 50;0;.0)0) TOTAL DUE VENDOR 4,56vl.00 DIAMOND BAR CHINESE ASSOCIATION 001-23002-- 50430 REFND SCRTY DEQ' -HERITAGE 2CsC1.C)i; 001-36610-- 504:'0 STAFF CHARGES -10.00 TOTAL PREP'AIDS •00 TOTAL VOUCHERS 190.00 TOTAL DUE VENDOR 190 .00 DIAMOND BAR IMPROVEMENT ASSOCIATION 00140910-42115-- 9540 303° AD -CENSUS 2000, 440.00 TOTAL PF,EPATDS loo TOTAL VOUCHERS 440.00 TOTAL DUE VENDOR 440.00 DIAMOND BAR MOBIL 00140)90-42'310)-- JAN -00 FUEL -GENERAL GOVT -JAN 97.10 00153110-42310-- JAN -00 FUEL -COMM SVCS - JAN 245.37 TOTAL PREPAIDS .00 TOTAL VOUCHERS 342.47 TOTAL DUE VENDOR 342.47 DIAMOND GAF; REDEVELOPMENT AGEP;CY 1;1;1-1=1`;-- RI!A'='07 ADVANCE TO RPA - 3/7/2'i�;:.)i09 03107/200.? RDA 307 TOTAL PPEP-;IDS 27,713.0. TOTAL VOUCHER .00 TOTAL DUE VE^'DOR 27,71'.05 DIAMOND PHOTO j1115=5i;-412'00'- 271672 FILM DEVELPMT-RECREATION 12.02 i1'?15.50)-4121;0-- 2711761673 PIHOTO DVLPMT-REC BROCHURE 25.19 010153-K-42.:�n-- _7167%,,67" PHCTG DVLPMT-RECREATION 25.64 1::. T07AL PPEPAIDS .00 TOTAL VOL!CHERS '°5 �. TOTAL DOGE VEND-CF,F 6 2.8 D1AN"4D SANCH HIGH BOOSTER CLUB 01I4'`11i -4 55-- 1ST ANP!_ "AINC NITE-SF'NS j0;0,i1ti 0:/!i7/20u)0 35157 �} TOTAL P`FF_F`'- J 300.00 TOTAL VOUCHERS 0,r' TOTAL IDE VENDOR aJ0.00 11E I F R :'!CTT T ! Di RSIFIEI ;P„) NK` 1 iC „-:_ Jr-::,-- . �=455_:-4. Gr,7 _ 7 :;/,f1: jr t PC 4T j -t 5 r 0i .DIAMON _, ,:1L' i. 1 i1=/: f,'^:0:.74 1 ,_. 111_cam60-4_;1c %2 HOLIDAY i•, RID 51.'�'i, lc.x1 125553-4CC.'�G_ DIAMOND ( c71c 'a -'.i � .:,__, .`t'"t %" 41 5112=j:;6:'-4•.,•_._-- . �G:;O. HD_iIAY RIDE -1211-31/00, 4802.90 TOTAL PREPAIDS .oC; TOTAL VOUCHERS « 657.b`r_' TOTAL n,iE 4,EP,rDR uu v iU �:57.6c' + ,'- CITY OF DIAMOND RAR RUN DATE: 03/01/2000 17:39:31 VOUCHER REGISTER PAGE: i DUE THRU: 03/07/2000 PREPAID FUND/SECT-ACCT-PRO,lCT-ACCT PC # INVOICE DESCRIPTION AMOUNT LATE CHECI DUCK HOUSE 0014070-42121-- REIMB-UPS MAILING 34.50 TOTAL PREPAIDS .00 TOTAL VOUCHERS 34.50 TOTAL DUE VENDOR 34.50 EDUCATION TO 00, INC 0015350-42140-- 2000-54.2 INSTRCTR PYMT-COMP COURSE 290.00 TOTAL PREPAIDS •00 TOTAL VOUCHERS 290.00 TOTAL DUE VENDOR 290.00 EXCEL PAVING COMPANY 2505510-46411-13298-46411 9157 674 PROF SVC-GRND/TORITO LN 53,279.44 TOTAL PREPAIDS .00 TOTAL VOUCHERS 53,279.44 TOTAL DUE VENDOR 53,27'3.44 FEDERAL EXPRESS 0014090-42120-- 717648538 EXPRESS MAIL -GENERAL GOVT 30.90 0014090-42120-- 7E'7677266 EXPRESS MAIL -GENERAL GOVT 45.34 001-231112-- 782197958 EXPRESS MAIL -EN 94-065 15.43 0:014090-42120-- 7$721983 EXPRESS MAIL -GENERAL GOVT 58.54 0014090-421^0-- 71762OK" EXPRESS MAIL -GENERAL GOVT 29.50 0=014096-4212!;-- 7E:•21 9795 1 EXPRESS MAIL -GENERAL GOVT :55.53 0014090-42120-- 7876203 EXPRESS MAIL -COUPON -20.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS :.'53.24 TOTAL DUE VENDOR 253.24 FIRST CHOICE COFFEE SERVICE 0014090-421.'0-- 9-`�7'1' 303456 NTR. CLR LEASE -FEE 00 17.95 TOT;L PREPAIDS .00 TOTAL VOUCHERS 17.95 TOTAL DUE VENDOR 17.95 FOOD SYSTEMS INC. 0014090-42325-- 5;:75 1.G0= MTG SUPPLIES -4 CORNER_ 2!`:.94 TOTAL PREPAID•'3 •00 TOTAL VOUCHERS 262.94 TOTAL DUE VENDOR 26''..94 FUTURE CONCEPTS INTERNET SOLUTIONS 1:64411-44000-- 9743 10;1-9/_,•0/00 INTERNET HOME PAGE MAINT 500.00 !OTAL . F;EPAIDS CK� TOTAL VOUCHERS 500.00 TOTAL DUE VENDOR 5',,'O•00 FP: FRIELiRlCllmll ': ASSOCIATES INC r:rr rC' i P 1 r.-__�10-46411-. 14'' bf r,c " C4 C Rl SEAL '�I�-':'.' 1Pi_i`v `:CS- !_R' 1 aEA� F ; 8,776.2`11' jjD15-551-45223-- • a•. vim_ ,�r _ o ci __. _ ��'_ S If DI 1 r�r:�.. 1 PROF L4 -OR :.IIG,%INSPEGTh ;/.O .. .49 Tn-q Pr: CITY OF DIAMOND BAR RUN DATE: 0310112000 17:39:31 VOUCHER REGISTEP PAGE: 8 DUE 7HRU: 03!07/2000 PREPAID FUND/SECT-ACCT-PRO_!ECT-ACCT F'O # INVOICE DESCRIPTION AMOUNT DATE CHECK GRAFFITI CONTROL SYSTEMS r�5� r=-i, 001.5508-455.2 - 9(124 DB11i?i) GRAFFITI REMVL-UAtd 2000 4,020.00 TOTAL PREPAIDS •00 TOTAL VOUCHERS 4,020.0_: TOTAL DUE VENDOR 4 020.00 GRAND MOBIL 0014090-4220f-- 7=6:3 MAINT - CITY VEHICLE 74.81 TOTAL PREP'AIPS ' r 0 TOTAL VOUCHERS 74.91 ?^TA' DUE VENDOR 74.81 GTE CALIFORNIA 0'0140910-421'21--CH1i_5c,1 INSTALL PH.-BLDG & SFTY 201.07 00153,31-421225-- 909261921,20 PH. SVCS-SYC CYN PARK 90.05 0014090-42125-- 9093967182 PH, SVCS-DAY CAMP 203.24 1189-098-421225-- 90'3964035 PH. SVCS-BBS MODEM 112.17 0014090-42125--1'17=12=! PH. SVCS - GENERAL 1,990.14 PH. SVCS-SYC CYNP'ARM; 58.05 0015331-42125-- 90931960194 PH. SVCS-SYC CYN PARK 36.162 01014090-421125-- 2 PH. SVCS-DAY CAMP 90`396718P' '2 ^r `'i?9r;605463 PH. SVCS-CITY ON LINE 151.95 c?li =: =_q•:,1.2=:-- qlf 4'x•10 0 PH E'VCS-LIBRARY FRO! 145.02 0015.14-42125-- 9093-16568111"! PH. SVCS-HRTG COMM CTR 26,55 PH. SVCS-TELEWORK'. ACLS 6=17.96 0014095-4212`- '.80,777'24°5' Pk:. SVCS-ECON DVLP 41.55 r , :___ 001404 J-4 12� ,ner•.l2 }74+; PH. S':!CE-MODEM C/Ct.` 19.22 TOTAL PREPAID" .00 TOTA!- VOUCHERS :3,749.52 TOTAL. r:uE VENDOR r :,74. - ,..,i F'HCNIE EQ RNlL-MAR H 00 466.78 To. AL PREPAIDS .00 TOTAL VOUCH-- S 466.79 TOTAL DLA �'En;I�R 461_•.79 HALL ,. FDR.E"AN! , NC }y1l?_4J:'__ i. r;" :lY1SF , 9� 1: : 4r::-- _ 4. 00; L ='' ;P' PROF i'; Co- INSPECTION 127.51? :15:51-48_:22''-- 94 .1 7' i?R PROt SVCS-F"LN CK/INSPCTN -, . . 792.4? TOTAL PREPAIDS .00 TOTAL VOUCHERS 3075.35 Or, i TAL DUE VENDOR r ac 4 ' J. GJ J,7 HAloi1RTH, INC 0015:50-46250-- 9+577 10026447 METAL SHELVES-COM SVCS 173.81 TOTAL PREPAIDS . 00 TOTAL VOUCHERS 173.81 TOTAL DUE VENDOR 113.81 IY-TEK LTi' 1;hil ? EMFI=:E 5?AGE INLAND VALLEY DAILY BL,LLETIN I ''ALLEY' HUh AltaE SD=iETY +:014431-454;x'_- 1 '�+ 1r- NT�.`'' : I i^L PROT T � ECI4E SVCS It%.0 V 11 -4541[i - TOTAL PREPAIDS .0 CITY OF DIAMOND BAP TOTAL VOUCHERS RUN DATE: 03"/O1i2000 17:^9:31 TOTAL DUE VENDOR VOUCHER REGISTER. PAGE: 413c=•4 SPORTS SOFTWARE-RECREATN 499.00 DUE THRU • 03/07,:Q_' -_!_)!.l TOTAL VOUCHERS 499.00 PEEP":ID FUP.DiSECT-ACCT-PzOECT-ACCT PO # INVOICE DESCFIRTION RI"OUNT DATE CHECK: HERTZ CORPORATION 0`_6(j0`���,.r.,.-r, TRANSPRTN-PROP A 45 1J , 7f 1 OTA! F: 7r`..rnc 0015-210-42330-- 70TAi ;.;0{ ICHER6 RNTL CAF' -PLN'`. COMM" %1-_ I62.0 ^=`i'200C 35752 TOTAL DUE ')T:Nr,t-, .()Cl TOT A: :L PRE I, _: _FA __. 1r,2 11; 455054 :7 I5f1; LEGAL AD - FPL 99-054 TOTAL VOUCHER 58 0 TOTAL DUE VEN%CR HIGHPOINT,INC .0) TOTAL VOUCHERS ' 171.^5 7111140=''`-42111-- _= - r:7=``� PREPRESS SVCS -RC BUS CRD ..ANIMAL_(C j22fi01 r�tTRL Slr5-MAR r,437.i042 TOTAL FREPAIUE 'REPRESS SVCS -COMM NIEWSLT TOTAL VOUCHERS 5,437.00 TOTAL PREF'AIDS .00 TOTAL 01LICHERS 414.60 .ran TOTAL DUE VENDOR 414.60 HULS ENVIRONMENTAL MANAGEMENT, LLC 6 rq1 ,, _. ..V, 1155515-45500-- 915' SLD WASTE 5VC-1..•'1-ii 1/:}i) 4,535100 001551.1-44::43-- 915b NPOES SVCS -I/1-1/31/0 -=5.00 IY-TEK LTi' 1;hil ? EMFI=:E 5?AGE INLAND VALLEY DAILY BL,LLETIN I ''ALLEY' HUh AltaE SD=iETY +:014431-454;x'_- 1 '�+ 1r- NT�.`'' : I i^L PROT T � ECI4E SVCS It%.0 V 11 -4541[i - TOTAL PREPAIDS .0 TOTAL VOUCHERS 5,420.00 TOTAL DUE VENDOR 5,420.00 9646 413c=•4 SPORTS SOFTWARE-RECREATN 499.00 TOTAL P D IDIS TOTAL VOUCHERS 499.00 TOTAL DUE VENDOR4'x9.00 AOLT EXCR.Shi-STATELINE A5. 00 0`_6(j0`���,.r.,.-r, TRANSPRTN-PROP A 45 1J , 7f 1 OTA! F: 7r`..rnc .00 70TAi ;.;0{ ICHER6 3671.00 TOTAL DUE ')T:Nr,t-, .()Cl 4.J_�n.J4G7: ,,I LEGA_ All - FF"1 1 99-047 -58.50 455054 :7 I5f1; LEGAL AD - FPL 99-054 5E:, 50 ,550543-1/508 LEGAL _ FPL 99-055 58 0 45C0542i50:_ LEGAL AD - FPL 2700-001 I=4.55 TTrA, PF-PATri_ :Dire nz .0) TOTAL VOUCHERS ' 171.^5 TOTAL DUE VENDOR 310.05 ..ANIMAL_(C j22fi01 r�tTRL Slr5-MAR r,437.i042 TOTAL FREPAIUE (111 TOTAL VOUCHERS 5,437.00 TOT ?L DM!E VENDOR. r _ 437.7171 TOTAL PREPAIrc, .ran TOTAL VOUCHERU r: 5' 1. 7t'r i ;i:,- VE EOR ,A� L,.:w N.. 6 rq1 ,, _. ..V, CITY OF DIAMOND BAP RUN BATE: 03I0112c)ci0 17:39:31 VOUCHER REGISTER PAGE' 10 DUE THRs: 031107x20,);; PREPAII! FUND,'SECT-ACCT-F'RO.!ECT-ACCT PO # WOICE DESCRIPTION AMOUNT RATE CHECt. JOBS AVAILABLE 0014090-42115-- :(04IJ!10={C AD -SR AA c.. DCM 514.6-0 TOTAL PREPAIDS ";' TOTAL VOUCHERS 514.60 TOTAL DUE VENDOR 514.60 'OBS IN GOVERNMENT 0014090-42115-- 121 -1961 AD-DCM AND SR. AA 90.00 TOTAL PREPAID •00 TOTAL VOUCHERS 90.0(l. TOTAL DUE VE`;DOR `'0.00 KENS HARDWARE 0015331-42210-- SUPPLIES -SYCAMORE CYN PK 41.4? 1)15:"'1-42210-- SUPPLIES -PETERSON PK -.-8 [)015318-41400-- SUP'P'LIES-PANTERA PK. ` 316-42210!=-- SUPPLIES -MAPLE HILL Pr; 0015310-41300-- SUPPLIES -PARKS ADMIN 14.02 ()015310-41200-- SUPPLIES -PARKS OPERATIONS 61.90 0015313-42210-- SUPPLIES -HERITAGE PK. 31.03 0014090-41200-- 602/594588 SUPPIES-KEYS DUPLICATED 4�.'30 0015350-41200-- SUPPLIES -RECREATION 30.31 TOTAL PREPAIDS .00 TOTAL VOUCHERS 356.53 TOTAL DUE VENDOR =c6•' NT ELECTRONICS 0015314-42210-- 11166 REPAIR -SOUND SYSTM HERITG 492.73; TOTAL PREPAIDS •00 TOTAL VOUCHERS 49 2.1 TOTAL DUE VENDOR 42•7'J GEC!F:GE KUO C)+}1c210-441GG-- FLNI"J COMM -1!1111125 1,30. 00, TOTAL PREPAIDS 00 TOTAL VOUCHERS 130.00 TOTAL DOE VENDOR 13C,,(n) `7 ENID h.. rii -414.!0-- cc;; _ _ jGr`:r>r�qr SUGFq TES-SHIP;TS ILDGvSFTY 67,55 _ _•14,_,.-5-4 y F'ROF SVCS -1_030 EMDFOIDERY 125.00, TOTP'L PREPAIDS •GL TOTAL VOUCHERS 192.55 TOTAL DUE VENDOR 1`12.5`` LEA OF "F CA CITIES .. 21 SOUTHWEST CORP TICKET E: 0" . [lir 01' 07 /'2ijOf) 5745 �,4: ` -! pj , R.S CONF-H ZIR5E5: /i-' _ 2`! ,(J i .(2.'1)71(000 _:758 T T C .. TOTA" F'R�PNID� ! 6`- 0 On, •,'- TOTAL DUE VENT ILOF'. 1, 69' l .O ) CITY OF DIAMON! BAR RUN DATE: 03!01..12000 17:39:31 VOUCHER REGISTER; PAGE: 11 DUE THFU: "!07;2V:-1.0 P'REP'AID FUND ISECT- ACCT -FRO-:ECT-ACCT PO # INVOICE='E5CRIp;i N AMOUNT DATE CHEU.'. LEAGUE OF CALIFORNIA CITIES ='4=: AD -DOM FEE ISSUE 45`?•t?" TOTAL FRI EFAIDS 00 TOTAL VOUCHERS 61'.' TOTAL DUE VENDOR 4Grr,00 VIVIAN LEE i 50401 REFND SCRTY DEF-FANTERA 200,00 TOTAL FREPAIDS •00 TOTAL VOUCHERS 200.00 TOTAL DUE VENDOR 200.00 LEt-".IS ENGRAVING INC 0014090-42113-- 052 4 _il ENGRVNG SVCS -NAME WOES 54. - Iff-.1 ? PROF SVGS -NAME BADGES TOTAL FREFAIDS .00 TOTAL VOUCHERS 284.43 TOTAL DUE VENDOR .84.43 LOS ANGELES SUSINIESS JOURNAL °UBSCRIF'TIDN RENEWAL "O G` TO[AL RREFAIDS U TOTAL VOUCHERS v:t{� .95 TOTAL DUE VENDOR, X9.95 LOu ANGELES COUNT' SHERIFF'S: DEFT 0?14411-4540: -- '7 !�"'7 ' C;'TRFF CNTRL-6jPTRL-JANUC' 8'ti.l ;.,�? , ' ac4i�2-- �- "'°73? SCH/TRFFC CNTRL-JAN CK 2 09'S.1r_: n� .: 001441 -4•,4r.1-- 2354" CONTRACT SV CS-JAN 00 2.49 CLVRY TRFF CNTRL-JAN 0k) b ; 17.64 TOTA1_ P'REF•r.CS r.;1 TOTAL VOUCHERS TOTAL DUE VENDOR 3C?i?,S3f_:TF1 LOS AkINISELES TIMES _ (A?:5C-42: 4- _ ; ' Ar-MILLENTUM CELEe t 840.00 TO F{; - IDS TAL EF'A: r?E? TOTAL VC'JCHER33 840.00 C• G "Cn TCI TION - 1`X47 TRFF IMPFRV-LEMONLYCOMINC, ; ' `'-- •', 5: 55 r 6 14�-. ?-41.4 1 y '•:-:i•'-4:41''- _:, tI ::: 194? TEFF T—G'SRNOS'RFItVW TM!FRY' , �.;_�,;;_ a^° ;-'f. +' i--j,i.. 4641^ 1 �_4,_ ' -- 1':+47 TRFF IMPFV-B CYN!SLVR BLL 62,233.20 _ TOTAL FREFAIDS •Of? TOTAL VOUCHERS 94,362,_,; TTAL '.0E VENDOR O 94 7. f � -; 9 MAI�F:ID (t,]i4?',"-4,_:-,r.-- y SUPPLIES-TOWINI HLL MTG .=i_: 21.00 03/07.1200035764 'GTAL-F,EF'AIIIS 21,00 TOTAL VOUCHERS .00 I.: 21 CITY OF LIAMOND AAF: RUN DATE 03/01/2000 17:39:31 VOUCHER REGISTER PAGE: 12 DUE THRU' (3/07/ 12t) PREPAID FUND/SECT-ACCT-FROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK. MAINTEX n, 9035 ;6S* 1 SUPPLIES - MAINT 22.4e nO15-'14-41"'00-- X035 435442 SUFFFLIES-'H.ERITAC-E 95.51 01015314-412.00—`a03`_� 43"`.42 SUPPLIES - HERITAGE F't:_ 164,:_u 0015314-41200-- 9035 438919 SUPPLIES - SAFETI BELT 27.4; i 0015314-41 2 tJ-- 9025 43,_35 5UF'PLIES-HERITAGE PK. lr.-•,qr : TOTAL PREPAILS •0'-) TOTAL VOUCHERS 417.77 TOTAL DUE VENDOR 417.77 . MONTEREY MARRIOTT CONF-F'!COMM,UC'" "(i -3/,1r± 6P0.52 C):s/Ci7(2tlfifl `c:574�d r-, oo _ 00152,10-42330— 680.52 TOTAL PREPAIDS TOTAL VOUCHERS •00 TOTAL DUE VENDOR 68 .52' PHIL MARTIN CLASS INSTRCTF-SWING DNCE 67•'20, 0015350-45300--96548 TOTAL PREPAIDS •k TOTAL VOUCHERS 67.20 TOTAL DUE VENDOR 67.20 JOE MCMANUS PLNN COMM -141'11 65.`)x'• C)f) j.��10-4 1 • . TOTAL PREPAIDS .00 TOTAL VOUCHERS F5.On TOTAL DUE VENDOR 65.00 CLARK MIPNIS cfr:• REFND QUIT EICRSN RE. N�, =`•Ou 4 031-34-r'20-- .49 TOTAL PREF;AIDS •00 TOTAL VOUCHERS 2.`_.00 TOTAL DUE VENDOR C .,• 00 25 MIRACLE.RECF:.EATION EOUIPMENT 42210 9440 50-372", RrFLCMi-BE:r ORILL 3LMMTRD 1 ,556.83_ TOTAL PREPAIDS '0f) "CHER S TOTAL 40�, 1 556.8 3 �- TOTAL DUE VENDOR crL 1 .�•s.c_ tAOBILE MODULAR. MA"dAGEMEt OrMUP ns. 5350 140-_ ')1J.JJ�. -42 uc�g : � 17 j— LSE PPTAL BLDGS-" / 12-3"1" 46 •�'t' TOTAL PREPAIDS •00 TOTAL VOUCHERS 46!).06 TOTAL IUE VENDOR 4x'0•'0` NATIONAL NOTARY ASSOCIATION 0014040-42215-- 2 YR MEMARSHP-T CRIBEINS 59.00 TOTAL PREPAIDS . 00 TOTAL VOUCHERS 59.00 TOTAL DUE VENDOR 59.00 RUN DATE: 03/01/2000 17:39:31 FUND/SECT—ACCT—PROJECT—ACCT STEVEN G. NELSON 0015210-44100-- NEiTEL 0014090-4212!_-- NEXTEL COMMUNICATIONS 0014090 -42125 -- DEBORAH O`CONNGR 01(114010-42325-- OAK ,(i14010-42225-- OAK TREE LANES INC 00 fr^fir,— 5?EO-- PAYROLL TRANSFER 001-10200-- PENTAMATION ENTERPRISES INC PERS HEALTH 0014090-40093- 001-21105— CITY CF DIAMOND BAR VOUCHER REGISTER DUE THRU: 03/07/2D)0 Fu # INVOICE DESCRIPTION AMOUNT PLNN COMM -1/11,1,/25 TOTAL PREPA,IDS TOTAL VOUCHERS TOTAL DUE VENDOR C''9504 FEE SVCS—RAtiIO REPEAT EF: TOTAL PREF'A11IS TOTAL VOUCHERS TOTAL [!LE VENDOR _,15?—� PH CHRGS—COMM DEV FEB 00 TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR REIMB—CHMBR MXR 9/14199 TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR CLASS INSTRCTR—WINTR SESSN TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR PF'4B PAYROLL TRANSFER -PF' 4b TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR 01-120lia0 DATA LINE CHRGS-JAN 00 TOTAL PREF'AIDS TOTAL VOUCHERS TOTAL DUE VENDOR FEB ADMIN FEE PES FEB—HEALTH INS PREMS TOTAL PREPAIDS TIDTAL VOUCHERS TOTAL DUE VENDOR PAGE: 1: PREPAID BATE CHECK 1 30 . iO .00 13ia . is+' 130.00 `1C 95 .00 215.95 '415.95 502'.54 ,Oi: 502.54 502.54 10.00 .00 10,00 10.Di; 92! .40 .00 '2.40 42.40 74,700.00 03/07/000 PP4B 74,700.00 .00 74,700.00 1[a.7d .00 10.73 10.7; 55.48 03/07/2000 3574 12. b42.71 03/07/22000 : X5742 1?,698.19 .of) CITY OF DIAMOND BA4.. RUN DATE: 001.101/2000 17:3Y:'_t1 VOUCHER EEGICTEF DUE THRU: 0 /07/12rai;0 FUND/SECT-ACCT-PROJECT-ACCT PO # iNVOICE DESCRIPTION PERS RETIREMENT FUND 001-211109-- F'Pc° RETIRE CONTRIB-EE RETIRE CONT RI. -ER CIO 1-211x3`)-- PK LESS ADJUSTMENT FP3 SUF:''IVOR BENEFI? Cita 1-21109-- 001-01104-- F'P:_ MILITAPY BJY BADi:: TOTAL PREPAIDS TGTP-VOUCHERS TOTAL DUE VENDOR PILtEPTON CONSULTANTS, IPC 10 --'14 TREE MA13rT-B, i.YFd�•�PTHFNDR TOTAL PREPAIDS TOTAL VOUCHER; TOTAL DUE VENDOR PITNEY ES INC 0014090-42130-- ?000 3:161. -FBOO ED RNTL - FEB 00 0014090-42120-- 065.809 RESET CHARGES TOTAL PREF'AIDS TOTAL VOUCHERS TOTAL DUE VENDOR. POSTMASTER PURk::ISS ROSE -FSI PAGE 14 PREPAID AMOUNT BATE CHECK -SKATE ChiE_ TING SVCS -S ,A E K n'1 -_30i0-- i??� PROF SV�S-FPL 92-059 C', -4„41 _ i 4 41 .. 5,, _G,: T `— 55x;0- ` -INCi .,:C ,DATE PAR.. 11:74 CIP-Si;ATE PARV FETERSON tu TOTAL PREPAID° TOTAL VCUCHERS TOTAL DUE VENDDR R _. i` DIfCRj'tiT 11`_� X15-4::�i1t!-- k� .n':,t PRNTNB LVrC,_ L,TG"r:TD W :cTE rn,aL ,FFEF'AII TOTAL. VOUCHERS TOTAL DUE VEP ,OR 5,x317.12 03/C:7/200n 15762 C 93_'.' 5 0 3/CJ7/2000 35761, .7'r O:t./ia';;000 357 � 42.78 03/07/2000 357-62 !CQ9.69 03/07/2000 35762 4, 008.77 .0Cj 4,0011:.77 5100, 00 ,00 50x3.00; 500,00 - 36`.:'.90 41.14 .00 411.04 411.04 1'1.75 11.75 11.75 11.75 2 200.00 03./07/2000 35756 2100 , CICa 47.00 247.00 4,`±11,05' t r•, ra` .0U 7 "0'.01 7 207.01 EXPRESS MAIL-FP 99-54 a'17 ia; EY,F'RESS MAIL-FF'L ''-47 Ca0a1-=;ili0-- EXPRESS MAIL -FPL ?4-54 -;0'10-- 5'17 Cab EXPRESS MAIL-FFL `5 POSTAGE-LA"•;TERMAiN PR: TONAL F'REF'HIDS TOTAL VOUCHERS TOTAL _JUE ' ENDO'`' PURk::ISS ROSE -FSI PAGE 14 PREPAID AMOUNT BATE CHECK -SKATE ChiE_ TING SVCS -S ,A E K n'1 -_30i0-- i??� PROF SV�S-FPL 92-059 C', -4„41 _ i 4 41 .. 5,, _G,: T `— 55x;0- ` -INCi .,:C ,DATE PAR.. 11:74 CIP-Si;ATE PARV FETERSON tu TOTAL PREPAID° TOTAL VCUCHERS TOTAL DUE VENDDR R _. i` DIfCRj'tiT 11`_� X15-4::�i1t!-- k� .n':,t PRNTNB LVrC,_ L,TG"r:TD W :cTE rn,aL ,FFEF'AII TOTAL. VOUCHERS TOTAL DUE VEP ,OR 5,x317.12 03/C:7/200n 15762 C 93_'.' 5 0 3/CJ7/2000 35761, .7'r O:t./ia';;000 357 � 42.78 03/07/2000 357-62 !CQ9.69 03/07/2000 35762 4, 008.77 .0Cj 4,0011:.77 5100, 00 ,00 50x3.00; 500,00 - 36`.:'.90 41.14 .00 411.04 411.04 1'1.75 11.75 11.75 11.75 2 200.00 03./07/2000 35756 2100 , CICa 47.00 247.00 4,`±11,05' t r•, ra` .0U 7 "0'.01 7 207.01 CITY OF DIAMONC HAS'. RUN DATE: 0/01(2000 17:39:31 VOUCHER REGI°TER DUE THRU: 02/07/2',_1010 FL!N!/SECT-ACCT-F'RO•ECT-ACCT PO # INVOICE DESCRIPTION PACE: 15 PREPAID AMOUNT DATE CHECK. RALPHS GROCERY COMPANY 0015350-41200-- 90401 SUPPLIES - TINY TOTS 36.71 0015350-41200— 946=0 SUPPLIES - TINY TOTS 6.06 0014090-42325-- 9501 1009452x1 MEETING SPPLS - CENSUS 15.00 0014090-Q=25-- 9.`x01 MTG SPPLS-YMCA ::x.70 TOTAL PREPAIDS •00 TOTAL VOUCHERS 81.27 TOTAL DUE VENDOR 31.27 READWRITE EDUCATID4AL SOLUTION INC CLASS INSTRCTR-WNTR SESSN 3,129.00 03107/2000 c:5754 0015350-45300-- ° _,1 TOTAL PREP AIDc' .00 TOTAL VOUCHERS ' TOTAL DUE VENDOR 3,19.00 REINBERGER PRINTWORKS INC CRI; 7' 00140' 5-41.110-- 91 ..1 i0275i102b : PRNTING SVCS -BUSINESS .74 11x,-.44 PRNTNG SVCS -PAF FORMS 242.5'2 i;x114x:9x-4211c?__ TOTAL PREP AIDS{' TOTAL VOUCHERS 311.26 TOTAL DUE VENDOR -2.26 �.EMEDY ar,4, _ f!`5_' TEMP SVGS -1;26,"27 RECF'TN! 28' •61 0x114{i40-4400x1-- TOTAL PP.EP!IDS .00 TOTAL VOUCHEF'S-' AcG F1 TOTAL DUE VEN;DC ; UCHAR,L5, WAT ON' 5EIR HON �-:-; , C - NOV It} GENERA_ LEG 54�--�� i .3x-,0.'3 ,- flx%� r`"' -1,. .. ' c_i7 SF' LEGr'L SVCS -DEC LANTERN 21.77 L1- �fii 00x11: c, ^ -r1GC GENERAL LEGAIL �E 014., 1111 •;, c4__--- - 1,j.,,_, _ JJf.,S i=; -1c LEGAL SVCS-ARCIERO ROW -NV 17.5% 1 GEN;_rAL ! EGA SVCS - NOV 130.00 GENERAL LEGAL :VC1-NO" - x,16 i,:�0 - , ' ; LEGAL SVCS -NOV GENiE :. Q. nn_ 182.00 - % :�- -44x:-:;;-- _.L4 _. ,E OENERAL IF AL SVL.S.-r. C. , �:,00' X102' -44x11:% - r�'="i GENdERAL LEGAL SoJCS-DES 1.1._:_x, �•- :11 11..- _.,, _ -:; __ `S1'"' GENERAL LEGAL SVCq "EC 27,;;x; 14 02 44r110tit:_. ='+27 E C'V S-AME`ELANCE OR L GA' IV `, :.-,c - 105«6 SF' LEGAL S`v'CS-LA'NTEFMN NV1. 1, 407 , 73 s - - �.n w LEG 'L SVCS-5;Sfi!; DEC 0014f).0,; c --=SVCS -DEC572{0 , GENERAL AL LEGAL i!`;e2 LEGA SVC-ARCIERi ROW -DEC 34'1.2•`_ ful '2t%-440='1--%{, ' rri C, C_i' ;_';,_ GENERAL LE:�rk JdC, aF.0 ,''{, 00 •-:..x 4!."'2'-'0-44 S, 1.,.{ • _ , � � `I1_ J Jrli, NOV 00 y - )„1 011-:x,__ G� 5 -A "�� ANCE OF's -I:EC 1 ' 2:.12 4i1++-4 G - 1'.'5<:_:i GENERAL LEGAL WIS - N;0'.' '.7�,{aC% 44 �{-- i'�` i , r-cp,E�;A;- `G^ S"CS-DEC '=•0't= 12TAL PKtPAI^_ 0ft Tr.1TN yn.1' HERL T07'! ri-E VEND" 11.6:.`'.6": SAN GABRIEL VALLEY TRIBUNE 001-2'010-- CITU OF DIAMOND BAF; RUN DATE: 03,/01!2000 17:39:31 VOUCHER REGISTER 001-x'010-_ DUE THRU: 0?/07/200,01 FUNDlSECT-ACCT-PROJECT-ACCT PD # INVOICE I!ESCRIPTION AMOUNT JOSEPH RUZICKA TOTAL PREPAIDS 0015210-44100-- F'LNN COMM -1/11,1,2` TOTAL P, IDS SECTRAN SECURITY TOTAL VD'JCHERS 0ta14090-44000_-- TOTAL DUE VENDOR SAWS MOBIL TOTAL PREPAIDS 0014090-43310-- ;28670 FUEL - GENERAL JAN CIO ltrzlO_4i 011_)__ D?rj 7t1 FUEL - COMM. DEV JAN MICHAEL SHA" TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR SAN GABRIEL VALLEY TRIBUNE 001-2'010-- LEGAL AL' -FPL 94-054 C!01-2�C!lU-- LEGAL AD -FPL 99-0227 001-x'010-_ LEGAL AD-FF'L 2000-01, LEGAL AI! -FPL 99-055 TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR SECTRAN SECURITY 0ta14090-44000_-- e.. 2124 COURIER SVCS -FEE 2000 TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR. MICHAEL SHA" REFUND REFPD BANNLF DEF-TSROC;-01 TOTAL PREPAIDS TOTAL VOUCHERS TOTAL LLE VENDOR S TI AN , FI INSURANCE DC RECAN 0 01-211'_01_:-- FEB FEB -LIFE INS PREMIUMS C:1 -2110c,-- FEB FEB-SUFFL LIFE PREMS TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR PAGE: 1 PREPAID DATE CHECK 030 , Ut_ .00 12;0. CIO 1 j .67 i96.29 00 2Eu r,F 2169.9k 74.10 74.1 C! 187.9" 74.10 .00 410.2` 410.28 198.00 .00 198.00 I9t-.00 100.00 .00 100.00 1.00.00 649. 60 03/07.12000 3`.,741 206.50 0307/2000 35741 856.10 .00 R56. 10 CITY OF DIAD?OND! BAR. RUN DATE: 03/01j2000 17:39:31 VOUCHER REGISTER PAGE: 17 DUE THRU: c0/07/2100i FUND/SECT-ACCT-PROJECT-ACCT STAPLES 0015210-41200-- 0014iagc,-4120D-- 0015350-4120 !-- 01!1•` 50 -41'200 -- 0f,15510 -41200-- 00140=f!-4120 a -- 0014440-412Q0-- (-014090-4121!1,-- 0014`} 30-4120,: 0015210 -41'20i -- 0015210 -41200 -- STATE COMPENSATION INSURANCE FUND 0011 -21111 -- STEVE: ENTERPRISES „015510-412Y0-- ;;;.. !V nn., Hi4I l; Tuc GLAESHOPPER 00 1 409'0 -46220 -- THE REI. NIS OF THE UNIVERS17 OF CA PO 4 INVOICE D'ESCRIP'TION 80'70/OPEN SUPPLIES - PLANNING S l0OF'EN SUPPLIES - GENERAL "37U/OPEN SUPPLIES - RECREATION &87011DPEN SUPPLIES - RECREATION SSI�a/OPEN SUPPLIES - PUBLIC WORKS "a87 /OPEN SUF'F'LIES - GENERAL x:870/OPEN SUPPLIES - E.O.C. 837{k -a OPEN SUPPLIES — GENERAL 8870/OPEN SUPPLIES — CIT` MANAGER : ,7(a1OPEN SUPPLIES — PLANNING ::T},OPEN SUPPLIES — PLANNINS TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR PREPAID AMOUNT DATE CHECK 26.53 57 6r: 2 7.62- 90. 6-.-3 .6290.6' 75.56 10.78 4`1.62 18.06 17.55 .00 463.24 46:.24 OCT—DEC WORKER 5 COMP PREM -0510 2,087.85 03/07/2000 35751 OCT — DECa!ORKER`S COMP PREM -9420 692". 15 021,107/2000 3:5761 OST — DEC WORKER COMP PREM -9410 1,075.0.5 03/07/2000 35761 TOTAL PREPAIDS 3,855.05 TOTAL VOUCHERS •{''' TOTAL DU'E VENDOR 3,855,05 0;,79 7',57 _: COPIER. — TONER 154.16 TOTAL PREPAIDS .00 TOTAL VOUCHERS 164.16 TOTAL DUE VENDOR 164.16 MT0 SPPLS—COMM FND!TN 21/17 5.99 MEETING SPPLS-CENS!S 2/9 7.92 SPPLS—LAI!TERMN 21/7 7.98 TOTAL PREPAIDS •t'ra TOIN VOUCHERS `l q5 TOTAL DUE VENDOR CLASS INSTRCTR—WNTR. BUS 11 1,911.70 TOTAL PREPAIE{S, 00 TOTAL VOUCHERS 1,911.70 TOTAL DUE VENDOR 1,' 11.70, 144 FURNITURE—MIRS/CNCL OFFC 275.3(j, TOTAL FR:EPAIDS .00 TOTAL VOUCHERS 275.3? TOTAL "UE VEh#D'OR 275 —=[a ' I 1 1'SNIMP—L SMITH i5.00 0/07/200, 3576:°:r3 TOTAL PREPAMS 235 `a=' TOTAL VOUCHERS ,00 TOTAL D!UE VENDOR 7` CITY OF DIAMF'1D PlHr'. RUN DATE* 03/01;1'2000 17:39:31 'VOIUCHER REGISTER IUJ_ L PAGE, IS DUE THRU: 6_/07/2Cijn PREPAID FUNDISECT-ACCT-PROI CT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK THE VERNON COMPANY v1= 7'6211.7500140u5-414ii-- Ct TOTAL PREP'AIDS TOTAL VOUCHERS 621,75 TOTAL DUE 'VENDOR 621t.75 THE WEEKLY NEWS-WALNUT 5r,r (x014090-4::115-- _9 �J:IA 01"5. AD - BRAHMAS CIF ---- ,:,;a,0 a 0014 x90-4''115-- C,014090-421115-- 91591A :_136 AD - ANNVRSRY CELE, 0014090-4211`-- 95?IA S37 AD - CENSUS COMMITTEE 00 'aiai�. (aia14�a9ca-4:'115-- 'x.4 ; J: lA 38 AD—CENSUS T'HALL MTG 2 26 a•. _, ; t TOTAL PREPAIDS ,00 TOTAL VOUCHERS 680.00 TOTAL DUE VENDOR 2,680.00 THE WHOLE ENCHILADA INC 9065 569811 MTG SUPPLIES-CNCL 2/1/00 183.56 0014090-42325-- �� TOTAL PREPAIDS TOTAL VOUCHERS 183.56 TOTAL DUE VENDOR 1'83.56 THE WORLD OF FANTASY q�„7 1-25-Q0 PROF SVCS -MILLENIUM ?,141.71 ,a01} �;ir-4::''54-- , TOTAL PREPAID .00 TOTAL VOUCHERS ', 241.78 TOTAL DUE VENDOR 7,241.78 TC SPORTSARE INCL ..5 -'- �.. c-'' cr1 SFTB' �'EC 024640 T—SHIRT) LOLL � R.. 807,49 0015350-41200-- 15"15' 1120 cCa r�6C 24`4' c.H?c'Tc-AD r ,S` ?:ALL REC 'r: V y Riv LI .. 54n; 7c: ' -- 0 N PREF'AILE MAL '00' T Tr., VOUCHERS 1.348.20, TOTAL DUE VENDOR. `.2i 1,348.22 THOMAS 10 TOB", CLASS INSTF::LTR.-«NT`s' SE'nN ,0) _ r.i5:«� c�:; -'�^ .420 ii TOTAL ``REPAIII ,il . TOTAL VOUI,:SER=: 40.00 TOTAL I'.UE VENICOR 410,00 ^;nrFIC 40r=T'CL SER"iICE, INC. � '_ CIP—SIGN REPLACEnENT 3.x0 �� : 1 ---- 1! 4641'-1 _..-464 _ 7 R,: !- -+. C�F,F -I! MI1•.{T LS j-'?i4.i_,y 4 3.1cr., ,,:,.-__.11i-41251-- Aa: ?1 S$94� SPF' 'S-Rr' MAIN! ; j.l,51 ' 7 , -:; �r.'�n1 CIF-570.1 REPLACEMENT _c:::':: 7",64 iral_;;_,1,'-41''_v-- R~'4':;1 5P:n0 SUPPLIES -RD MAINT J:_»i 20,97 TOTAL PREPAIDS `r 1 — T0TA.L VOUCHERS Cy i.i ' %�8.81 TOTAL DUE VENDOR STELLA TRAM _5 REREAT I ON EFiV 5[, (( pi1-347'0-- 00 70TAL PREPAIDS TOTAL VOUCHERS 50,00 TOTAL ...E vENI`D. CITY OF DIAMD" [i BAR RUN DATE: 03/01/2000 17:34:.1 VOUCHER REGISTER PAGE: 1't L:UE THRU: 03/07/2000 PREPAID FUNPEECT-ACCT-PROJECT-ACCT FO # INVOICE DESCRIPTION AMOUNT DATE CHECK TRUGREEN LANDCARE 0015322-45300-- 26942" ADDTL SVCS -R REAGAN PK. 65. Of) 0015325-45^-,n0-- 269438 ADDTL SVCS-SUMMITRIDGE PK 65.00 138553e-42210-- 275217 ADDTL MAINT-DIST 38 110.00 1395539-45500-- 310621 MNTHLY MAINT-DIST 39 FEB 3,497.50 001.5316-45300-- sU? 21 MNTHLY MAINT-MAPLE HL FEB 708.10 1385538-45500-- 310622 MNTHLY MAINT-DIST 38 FEB 3,48`.00 0015325-45300-- 310621 MNTHLY MAINT-STRSHINE FEB 354.1C' 1415541-45500-- 31062i MNTHLY MAINT-DIST 41 FEB 2,050.00 02215322-45200-- MNTHLY MAINT-P. REAGAN FEB 1,038.55 i?C'`'16-45 00-- ; 942 , ADDTL SVCS -MAPLE PV. 65.00 001531S-45300-- =:10621 MNTHLY MAINT-PANTERA FEB 2,563.51 0015331-45300-- 3106=::1 MNTHLY MAINT-SYC CYN FEB 708.10 001`311-45300-- 3106;21 MNTHLY MAINT-F' GROW FEB 2.85.13 0015:1'x-46300-- 3106.21 MNTHLY MAINT-PETERSON FEB 1,4'='0.74 0015312-4530C:-- 310621 MNTHLY MAINT-HERITAGE FEB 601.89 2,0153,L8-45_;00-- '106:21 MNTHLY MAINT-SUMMTRDG FEB 2,050.5'2 !1015:25-45100-- 2694218. ADDTL SVCS-STARSHINE PK 65..00 1415541-42210-- 27.`-:217 ADDTL MAINT-DIST 41 810.00 0015311-45300-- �IP428 ADDTL. SVCS -PAUL GROW PK 65,00 0015314'-45300-- i6'>4: , ADDTL SVCS-FETERSON PK 65.00 Or, 153;1-45;01-- 26942-01 ADDTL SVCS -SK CYN PK: 65.00 ADDTL SVCS -HERITAGE PK 6`.00 TOTAL PREPAIDS ,Cap TOTAL VOUCHERS 2'1 ^7=°.17 J TOTAL D'LIE VEt'DjR 21,'7.17 '-TEVENi TYE 001521:-441;10-- F'LPdP COMM-2'12,1/� 130.00 TOThl FREPAIDS •00 TOTAL 'VOUCHERS 1=:0, 00 TOTAL r', -.P- k,'ENL'OR 1'30.00 UCR EXTENSION (1+.'15:1C' -4233C•-- APPLICATION SEMINP.R-? HEIdSLEY 415/00 144.f1:1 TOTAL FT;EPAIDS IDD TOTAL VO; CHERS 144.021 TOTAL DUE ':?ENDOR 144.00 UNITED! STATES POSTAL SEP;:jICE t�0i4Ct'0-421'0-- REPLENISH -POSTAGE METER TOTAL PREP'AIDS •{?0 TOTAL VOUICHER: 2 1 01)0.0rli T^`TAD DUE k0lrin,(1_'11,2221 U N 117 ci :,,nTES F`C�S!AL F,V.L.ES Caia142i x-42120-- POSTG t-=1t"M h! '' ET'rER 1,`210.00 03107/2000 3574:. EWS T01AL KEPH"IDS 1,500.00 TOTAL VOUCHERS .QO TOTAL DUE VENDOR 1,500.00 PAGE: y PREPAID DATE CHECK 62.40 .m dsy dmm /� Km .m 010 C, '. CIO l,),4. if, S&7 0 374 1,184.10 .w G!# 20 Q.w s§& .y 2274 957 242.0 3GP .00 E2b2 1,28.1 CITY OF ems BA: RUN EIAS07401& e:$e1 VOUCHER REGISTER DUET+a 01-11107/21-.100 egg S -«S gc2RS G# INVOICE DESCRIPTION AMOUNT 3 EkeEReMEDICAL GROUP 0014090-422145-- S S9#N PRE-EMLY PHISIEALS' 99LGeg3 TOTAL VOUCHERS iw DUE VENDOR 9LtEelR 7mRSL& me INC yl 40 4 W- ge !S APPRAISAL S±ebR TOTAL PR. eg2 TIAL VOUCHERS TOTAL WE' TOR VISION »w:3 Ra wa2107- :YE «Sim PREMIUMS & S9Qm ST:Q2L5 AL DUE VENDOR WIALNUT HILLS R» PROTEETION S. «S DUE D%sS S= S 401#9-2 - j_ 4074 e± 5776 ¥I9 TJk meR2 gl± VOUCHERS, ISw DUE VENDOR %907 LE' WA.7ER. DISTRICT ')01758- 45510-- mR g3 -TREE #IewS 1_v 13- £ems S ! 3 JAN !TOG meQS Ilk c2RS 2 DUE' R PAGE: y PREPAID DATE CHECK 62.40 .m dsy dmm /� Km .m 010 C, '. CIO l,),4. if, S&7 0 374 1,184.10 .w G!# 20 Q.w s§& .y 2274 957 242.0 3GP .00 E2b2 1,28.1 CITY OF DIAMCNI' DAF'. RUN DATE: 02.101/2000 17,39:31 VOUCHER R=GISTEF PAGE: 21 DUE THRU• 03/07/2000 FUND/SECT-ACCT-PRO�EKT-ACCT WARREN SIECKE 250`:510-464 ]':_-14x.99-46412 �__,{?5c] ii-46412-145"=�-46412 2505510-46412-14299-41:412 514 L-464 1 2505510-46412-14099-46412 001-23012-- 2505510-46412-14C?9+-46412 25{?5510-4641 -141c"-46411. 27'50,55110-46412-1449`9-46412 REST COAST ARBORISTS INC 0015558-45509-- 0{115551,-45516?z­- 0015558-45509-- WEST COAST MEDIA 0014090-42115-- 0014090-4:115-- 0014000-4'2115-- =AUL WRIGHT POn IN'JOIGE DE°GPIPTTON X27' 446' PRUF 5';'C-GlSPRPiG/LEMN/PFT: :277 4444 PROF SVCS-G/SPRNG/RPDVIEW 9277 4444 PREF SVCS -B CYN/SLVR BLLT ,277 444x: PROF SVCS -DB BL/57 ON RMF 9164 4426 PROF SVGS -E CYN/GLNBROOK 4447 PROF S'JCS-EN 98-022.7 91-14 4426 PROF SVCS -B CYN/SLVR BLL' 9164 4426 PROF SVCS -LEMON; LYCMING 9164 4426 PROF SVCS-G/SPRNG/RPDVW `=1277 4444 PROF SVCS-LEMON/LYCMING TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR PREPAID AMOUNT DAT= GFEGY. 526.50 2.000.v ,037.50 111.0:1 SO .00 i{10.00 °010.00 .,000.00 00, ]4,260.00 1"',260.00 17237 C/WIDE TREE MAINT-1131/00 1,133.00 026 17 (197 C/WIDE TREE MAINT-1/00 10,758,00 1.1 C/WIDE TREE MAINT-JAN 00 6,537.00 TOTAL PREPAIDS o0 TOTAL VOUCHERS 18,428.00 TOTAL DUE VENDOR 1u,428,00 acyl :1.112069 AD - CENSUS 3/00 350.00 a5' 2 Mi1'069 AD -CITY ANNVRSRY CELEB 350.00 9592 3012069 AD - HRAHMAS -CIF 3/00 350.00 TOTAL PREPAIDS .40 TOTAL VOUCHERS 1,050.00 TOTAL LUE VENDOR 1,050.00 S^;c= A/V SVC -F'/ -,CNC' T/DUPE 420.00 03/07/2000 35749 AIV SVCS -F','C,CNCL,T/DUPE 455.00 03;107/2000 35750 TOTAL PREPAIDS 875.00 TOTAL VOUCHERS ,00 TOTAL LUE VENDOR 875.00 14`?-STE 1=JAN ,Q7-410_ .52507/= COPIER MAINT4!? 70 8871A 10735;:5007(:' COPIER MAINT-STE 100 JAN h7.07 TOTAL PREPAIDS .00 TOTAL VGUC-ERS 674.14 TOTAL DUE VENDOR 674.14 CITY OF DIAMOND AAF: RUN DATE: CY310112000 17:39:31 VOUCHER REGISTER DUE THRU: O"'0712000 FUND/SECT-ACCT-PROJECT-ACCT FO # I"T OICE DESCP,1PT1ON. YOSEMITE WATERS 0015314-41200-- A9152 JAN0ro-:I2 DRr'KNG 'W'ATER - HERITAGE TOTAL PREPAIDS TOTAL VOUCHERS TOTAL IiUE VENDOR REPORT TOTAL PREPAIDS REPORT TOTAL VOUCHERS REPORT TOTAL PAGE: �2 PREPAID AMOUNT DATE CHECK 19.nc� 1q. ,0 19.00 139,752.06 754;566.65, °94,315.74 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Terrence L. Belanger, City Manager MEETING DATE: March 07, 2000 REPORT DATE: February 23, 2000 FROM: Linda G. Magnuson, Finance Director TITLE: Treasurer's Report — January 31, 2000 SUMMARY: Submitted for the City Council's review and approval is the Treasurer's Statement for the month of January 2000 RECOMMENDATION: Review and approve. LIST OF ATTACHMENTS: X Staff Report Resolution(s) Ordinance(s) Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: _ Public Hearing Notification _ Bid Specification (on file in City Clerk's office) Other: 1. Has the resolution, ordinance or agreement been reviewed — Yes _ No by the City Attorney? 2. Does the report require a majority vote? _ Yes _ No 3. Has environmental impact been assessed? N/A _ Yes _ No 4. Has the report been reviewed by a Commission? N/A _ Yes _ No Which Commission? 5. Are other departments affected by the report? N/A _ Yes _ No Report discussed with the following affected departments: REVI WED BY: ( 1 �6 �", Terrence L. Belange City Manager 0 DEPARTMENT HEAD: Linda G. MagnudorO Finance Director CITY COUNCIL REPORT MEETING DATE: March 07, 2000 AGENDA NO. TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Treasurer's Statement — January 31, 2000 ISSUE STATEMENT: Per City policy, the Finance Department presents the monthly Treasurer's Statement for the City Council's review and approval. RECOMMENDATION: Approve the January 2000, Treasurer's Statement. FINANCIAL SUMMARY: No fiscal impact. BACKGROUND: Submitted for the Council's review and approval is the Treasurer's Statement for the month of January 2000. This statement shows the cash balances for the various funds, with a breakdown of bank account balances, investment account balances and the effective yield earned from investments. PREPARED BY: Linda G. Magnuson CITY OF DIAMOND BAR TREASURER'S MONTHLY CASH STATEMENT January 31, 2000 Note: The City of Diamond Bar is invested in the State Treasurer's Local Agency Investment Fund. All funds are available for withdra within 24 hours. Investment in the Local Agency Investment Fund Is allowed under the City's formally adopted Investment po As a secondary investment option, the City continues to maintain the US Treasury Sweep Account with Wells Fargo. Any excess funds are "swept" on a daily basis from the City's bank accounts and are invested overnight into an Investment poo of US Treasury Notes, Interest is credited to the City's bank account on a monthly basis L.A.I.F - Effective Yield for December 1999 5.771% Money Market -Effective Yield for December 1999 4.627% All investments are placed in accordance with the City of Diamond Bar's Investment Policy. Thea ove summary provides sufficient cash flow liquidity to meet the next six month's esti ted expendity,Fes, Terrence L, Belanger, Treasurer BEGINNING TRANSFERS ENDING BALANCE R CEIIPTS DISBURSEMENTS IN (OUT) BALANCE GENERAL FUND LIBRARY SERVICES FUND $13,881,818.83 $1,175,992.44 $932,794,59 ($28,156.17) $14,096,860.51 COMMUNITY ORG SUPPORT FD 101,615.22 3,556.26 1,414.03 0.00 736.31 102,292.94 GAS TAX FUND 2,566,443.39 137,606.28 0.00 0.00 (124,598.26) 3,556.26 2,579,451.41 TRANSIT TX (PROP A) FD 1,373,133.48 125,353.19 42182,64 1,456,304.03 TRANSIT TX (PROP C) FD 2,049,577.89 80,295.15 422.43 (340,392.93) 1,789,057.68 ISTEA FUND INTEGRATED WASTE MGT FD 0.00 245,556.78 4,888.18 0.00 (583,767.96) (583,767.96) AIR QUALITY IMPRVMNT FD 143,611.52 18,703.96 3,225.16 6,384.38 247,219.80 TRAILS & BIKEWAYS FD (SB 821) 31,219.82 428.26 155,931.10 PARK FEES FUND 522.42 1,982.47 0.00 (1,248.51) 31,648.08 1,256.38 FACILITIES & PARK REVEL, FD 1,200,771.73 18,415.38 1,219,187.11 COM DEV BLOCK GRANT FD (226,845.35) 12,566.00 8,210.19 (222,489,54) CITIZENS OPT -PUBLIC SAFETY FD 232,846.87 3,572.84 61.72 236,357.99 NARCOTICS ASSET SEIZURE FD 330,420.66 4,532.59 334,953.25 LANDSCAPE DIST #38 FD 544,060.85 27,322.59 30,969.32 540,414.12 LANDSCAPE DIST #39 FD 208,875.69 18,359.06 5,294.93 221,939.82 LANDSCAPE DIST #41 FD 315,840.04 15,921.12 10,088.97 321,672.19 GRAND AV CONST FUND 139,130.78 CAP IMPROVEMENT PRJ FD 465,446.42 629,215.84 1,091,569.77 1,078,163.83 139,130.78 1,081,256.32 SELF INSURANCE FUND 923,057.39 12,661.09 935,718.48 EQUIPMENT REPLACEMENT FUND 0.00 17,026.82 (17,026.82) TOTALS SUMMARY OF CASH $24,530,660.69 $2,289 230.47 $2,148 967.23 $000 $24,670,923.93 DEMAND DEPOSITS: GENERAL ACCOUNT $157,355.90 PAYROLL ACCOUNT (20.21) CHANGE FUND 250.00 PETTY CASH ACCOUNT 500,00 TOTAL DEMAND DEPOSITS $158,085.69 INVESTMENTS: US TREASURY Money Market Acct. $557,909.38 LOCAL AGENCY INVESTMENT FD 23,954,928.86 TOTAL INVESTMENTS $24,512,838.24 TOTAL CASH $24,670,923.93 Note: The City of Diamond Bar is invested in the State Treasurer's Local Agency Investment Fund. All funds are available for withdra within 24 hours. Investment in the Local Agency Investment Fund Is allowed under the City's formally adopted Investment po As a secondary investment option, the City continues to maintain the US Treasury Sweep Account with Wells Fargo. Any excess funds are "swept" on a daily basis from the City's bank accounts and are invested overnight into an Investment poo of US Treasury Notes, Interest is credited to the City's bank account on a monthly basis L.A.I.F - Effective Yield for December 1999 5.771% Money Market -Effective Yield for December 1999 4.627% All investments are placed in accordance with the City of Diamond Bar's Investment Policy. Thea ove summary provides sufficient cash flow liquidity to meet the next six month's esti ted expendity,Fes, Terrence L, Belanger, Treasurer TO: CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO.(,,�_ Honorable Mayor and City Council MEETING DATE: March 7, 2000 REPORT DATE: February 23, 2000 FROM: Terrence L Belanger, City Manager TITLE: Office Supply Purchase Order Increase for FY 1999-00 SUMMARY: On June 15, 1999, the City Council authorized the establishment of an open purchase order for supplies with Staples in the amount of $15,000. This vendor was chosen after a lengthy Request for Proposal process, and they were deemed to be the low bidder on most commonly used office supplies. Due to the increase in staff activities and the change in the provision of recreation services, it is necessary to increase the open purchase order by $4000 for a total of $19,000. In addition, since Staples has been the low bidder on other items, such as paper, small tools, and equipment, it is requested that the City Council authorize a total expenditure of an amount not to exceed $23,000 for FY99-00 for this vendor. It is understood that staff will continue to solicit bids as necessary on items not considered normal office supplies. RECOMMENDATION: Approve an increase to the open purchase order for Staples from $15,000 to $19,000. Authorize a total expenditure amount to Staples for an amount not to exceed $23,000 for FY 99-00. LIST OF ATTACHMENTS: _ Staff Report Resolution(s) Ordinance(s) Agreement(s) SUBMITTAL CHECKLIST: Public Hearing Notification _ Bid Specification (on file in City Clerk's office) Other: 1. Has the resolution, ordinance or agreement been reviewed _ Yes _ No by the City Attorney? 2. Does the report require a majority vote? _Yes _ No 3. Has environmental impact been assessed? _Yes _ No 4. Has the report been reviewed by a Commission? _ Yes _ No Which Commission? 5. Are other departments affected by the report? _ Yes _ No REV W D BY: Terrence L. Be ger City Manager Linda G. Magnus n Finance Director CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO, -7 TO: Honorable Mayor and Members of the City Council MEETING DATE: March 7, 2000 REPORT DATE: March 2, 2000 FROM: Terrence L Belanger. City Manager TITLE: Reduction and Exoneration of Subdivision Improvement Bonds (Faithful Performance and Labor & Material) for Tract No. 32400 (Standard Pacific). SUMMARY: Standard Pacific has requested exoneration/reduction in security amounts (surety bonds) commensurate with progress of work for various improvements required in accordance with the subdivision agreement for Tract No. 32400. Diamond Bar West Partners has satisfactorily completed substantial amounts of the work and has requested exoneration/reduction of the amounts of certain bonds be authorized. RECOMMENDATION: It is recommended that the City Council approve the reduction of a) Bond No. 111 3331 7666 - Grading Bond from $2,685,256.00 to $671,314.00 (75%); b) Bond No. 111 1940 5352 – Storm Drain from $736,639.00 to $184,159.75 (75%)- c) Bond No. 1114160 9146 - Sewer/Street from $543,674.00 to $135,918.50 (75%); and the exoneration of: /a) Bond No. 111 3331 7591 -Domestic Water; mob) Bond No. 1113331 7609 – Reclaimed Water; c) Bond No. 1114160 9153 - Monumentation; and direct the City Clerk to notify the Principal and Surety of these actions. LIST OF ATTACHMENTS: X Staff Report _Public Hearing Notification _ Resolution(s) _ Bid Specification _ Ordinances(s) x Other: Subdivision Improvement Bonds _ Agreement(s) on file with the City Clerk 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? 5 Ar N/A _ Yes _ No Majority N/A _ Yes _ No N/A e other departments affected by the report? Planning Division _ Yes _ No x Yes —No REVIEWED BY: Terrence L. Bel er James DeStefano 4DaG. iu City Manager Deputy City Manager Deputy Director of Public Works CITY COUNCIL REPORT MEETING DATE: March 7, 2000 AGENDA NO. TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Reduction and Exoneration of Subdivision Improvement Bonds (Faithful Performance and Labor & Material) for Tract No. 32400 (Standard Pacific). ISSUE STATEMENT Consider reduction in security amount (surety bond) and exoneration commensurate with progress of work for various improvements required in accordance with the subdivision agreement for Tract No. 32400. RECOMMENDATION It is recommended that the City Council approve the reduction of: a) Bond No. 111 3331 7666 - Grading Bond from $2,685,256.00 to $671,314.00 (75%); b) Bond No. 111 1940 5352 — Storm Drain from $736,639.00 to $184,159.75 (75%); c) Bond No. 1114160 9146 - Sewer/Street from $543,674.00 to $135,918.50 (75%); and the exoneration of: a) Bond No. 111 3331 7591 - Domestic Water; b) Bond No. 1113331 7609 — Reclaimed Water; c) Bond No. 1114160 9153 - Monumentation; and direct the City Clerk to notify the Principal and Surety of these actions. FINANCIAL SUMMARY This action has no fiscal impact on the City. BACKGROUND In accordance with Section 66462 of the Subdivision Map Act, the City entered into agreement with Standard Pacific (subdivider) to complete various improvements. The subdivider guaranteed faithful performance of this agreement by posting with the City various surety bonds - bonds for Grading Improvements, Streets, Sewer, and Storm Drains Improvements, Domestic Water and Reclaimed Water Improvements and Monumentation. While the entirety of the agreement has not been achieved, the subdivider has satisfactorily completed substantial amounts of the work and has requested exoneration/reduction of the amounts of certain bonds be authorized. DISCUSSION The following surety bonds are recommended for reduction: Account Number: Original Amount: New Reduced Amount: Account Number: Original Amount: New Reduced Amount: Account Number: Original Amount: New Reduced Amount: 111 3331 7666 Grading Bond $2,685,256.00 $ 671,314.00 111 1940 5352 Storm Drain $736,639.00 $184,159.75 111 4160 9146 Sewer/Street $543,674.00 $135,918.50 The following surety bonds are recommended for exoneration: Account Number: Original Amount: Account Number Original Amount: Account Number: Original Amount: Prepared by: Rose Manela 111 3331 7591 -Domestic Water $267,500.00 111 3331 7609 — Reclaimed Water $195,000M 1114160 9153 - Monumentation $9,375.00 2 s a a a a a r r ^ N ) it •F 'l, l '0 r s :a :Q I I 1 I I I aU aU sU sU sU sU aU sU I I I I I I O C-) I I I --i iu I aQ Q I 40 aQ :Q aQ I 411CI sU sU aU aU I sU I sV I a a I r0 s0 s� s s sW IXCL W< �L �_ �--- F- ZO m WW 20 z W" �_N 8LILi g 00 LL. ^ O W 00 Qa O w a 0 m 0 w 0 w a a. Ir m 0 w z O _D CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. -� 1 v• honorable Mayor and Members of the City Council MEETING DATE: March 7, 2000 REPORT DATE:. March 2, 2000 FROM: Terrence L. Belanger, City Manager TITLE: Approval of Contract Amendment with Huls Environmental Management. SUMMARY: On February 1, 2000, the City Council directed staff to issue a Request for Proposal (RFP) and proceed with an open bidding process for the solid waste and recycling collection services in the City. The experience and knowledge of J. Michael Huls would assure a timely and comprehensive approach to the City's desire to retain a single service provider for the community. Mr. Huls has been providing technical support on various studies/reports pertaining to the solid waste and recycling collection services in Diamond Bar. As the City's Integrated Environmental Services Coordinator, Mr. Huls prepared the RFP which has been made available to all qualified refuse and recycling services companies. RECOMMENDATION: That the City Council approve and authorize the Mayor to execute the contract amendment with Huls Environmental Management in an amount not -to -exceed $9,900. LIST OF ATTACHMENTS: X Staff Report _ Resolution(s) _ Ordinances(s) X Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: _ Public Hearing Notification _ Bid Specification X Other: J. Michael Huls Proposal,dated 2/4/00 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 following affected departments: REVIEWED BY: Terrence L. Bel r City Manager c:\word\3ham\Agenda/HubAmend X Yes_ No Majority N/A _ Yes _ No N/A _ Yes _ No _Yes _No /ames DeStefano{ Liu Deputy City Manager Deputy Director of Public Works CITY COUNCIL REPORT AGENDA NO. MEETING DATE: March 7, 2000 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Approval of Contract Amendment with Huls Environmental Management ISSUE STATEMENT: To amend the contract with Huls Environmental Management to provide technical assistance on the selection of a single service provider for solid waste and recycling collection services. RECOMMENDATION: That the City Council approve and authorize the Mayor to execute the contract amendment with Huls Environmental Management in an amount not -to -exceed $9,900. FINANCIAL SUMMARY: The City has budgeted $45,000 of Integrated Waste Management Fund and $20,000 General Fund in Fiscal Year 1999-2000 for environmental management services. The major funding sources are Used Oil Block Grant, AB 939, and the reimbursement program under an executed Memorandum of Understanding with the County of Los Angeles for the NPDES Educational Site Visit Program. The current contract amount with JMH is $48,900. BACKGROUND/DISCUSSION: On February 1, 2000, the City Council directed staff to issue a Request for Proposal (RFP) and proceed with an open bidding process for selection of a single service provider for all businesses and residents in the City. As the City's Integrated Environmental Services Coordinator, Mr. J. Michael Huls prepared the RFP. The RFP has been made available to all qualified refuse and recycling service companies since February 29, 2000. Also, Mr. Huls has been providing technical support on various studies/reports pertaining to the solid waste and recycling collection services in Diamond Bar. He is uniquely qualified to facilitate the selection process. Huls Environmental Management March 7, 2000 Page Two A mandatory pre -proposal conference has been scheduled for March 13, 2000 and the proposals are required to be submitted by 4:00 p.m. on April 10, 2000. The experience and knowledge of Mr. Huls would assure a timely and comprehensive approach to the City's desire to retain a single service provider. Prepared by: David G. Liu CITY OF DIAMOND BAR AGENDA REPORT AGENDA N0. TO: Terrence L. Belanger, City Manager MEETING DATE: March 7, 2000 REPORT DATE: March 1, 2000 FROM: Bob Rose, Director of Community Services TITLE: Contract Agreement with Hirsch and Associates for the Design of Landscaping Improvements in Diamond Bar. SUMMARY: On January 4, 2000, the City Council awarded a contract to Hirsch and Associates to design landscaping improvements in Diamond Bar in the amount of $22,000. Staff has determined that two additional locations should be added to the scope of work for this contract. The additional work will cost $14,050, plus $3,000 for reimbursables, for a total additional amount of $17,050. The two new locations are: • Golden Prados median at Golden Springs • Sunset Crossing dirt median/parkway at Chaparral RECOMMENDED ACTION: Staff recommends that the City Council approve the contract amendment with Hirsch and Associates for $14,050, plus reimbursables of $3,000, for a total amendment not to exceed $17,050. This will result in a total contract of $39,050, which includes $6,600 of reimbursables. It is further recommended that the City Council allocate $17,050 from L.L.M.D. #38 reserves for this project. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification Resolution(s) _ Bid Specification (on file in City Clerk's office) Ordinance(s) X Other: Contract amendment X Agreement(s)Proposal from Hirsch and Associates. dated 2/24/00 EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed x Yes _ No by the City Attorney? 2. Does the report require a majority vote? x Yes _ No 3. Has environmental impact been assessed? _ Yes x No 4. Has the report been reviewed by a Commission? _ Yes x No Which Commission? 5. Are other departments affected by the report? x Yes _ No Report discussed with the following affected departments: Public Works Terrence L. BelangerU James DeStefano City Manager Deputy City Manager DEPAR ME AD: Bob Rose Director of Community Services CITY COUNCIL REPORT MEETING DATE: March 7, 2000 AGENDA NO. TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Contract Amendment with Hirsch and Associates for the Design of Landscaping Improvements in Diamond Bar. ISSUE STATEMENT: This contract amendment will result in the design of landscaping improvements for two new locations in Diamond Bar. RECOMMENDATION: Staff recommends that the City Council approve the contract amendment with Hirsch and Associates for $14,050, plus reimbursables of $3,000, for a total amendment not to exceed $17,050. This will result in a total contract of $39,050, which includes $6,600 of reimbursables. It is fruther recommended that the City Council allocate $17,050 from L.L.M.D. #38 reserves for this project. FINANCIAL SUMMARY: There are no funds currently budgeted for this contract amendment. It is eligible for L.L.M.D. #38 funding. District #38 funds are available for this project due to alternative funding sources utilized for other District #38 CIP projects during the 1999/2000 fiscal year. Specifically, Proposition C funds in the amount of $352,500 replaced the District #38 funds for the Golden Springs/Lemon Avenue improvement project. BACKGROUND: The City of Diamond Bar has a contract with Hirsch and Associates to provide design services for the landscaping of three (3) medians along Golden Springs. This contract, for a total of $22,000, will provide for construction documents for the following locations: • Golden Springs (south side) at Torito Lane • Golden Springs (north side) at EI Encino • Golden Springs (south side) at Ballena Drive Staff is seeking City Council approval to add two additional locations to this contract: • Golden Prados median at Golden Springs • Large dirt median/parkway at Sunset Crossing and Chaparral Cost to add these locations to the existing contract is $14,050, plus $3,000 for reimbursables, for a total contract amendment of $17,050. DISCUSSION: The five locations described above are either unimproved dirt or filled with asphalt. Curbs and gutters are already in place. The intent is to obtain a design for landscape improvements at each of the locations. PREPARED BY: Bob Rose Community Services Director FROM : HIRSCH+ASSOCIATES INCORPORATED PHONE N0. r:. �1• ===_ = - - Q.t71 Mar -02-00 08:37/ AMENDMENT iil TO AGREEMENT THIS AW-NDMEN'f #1 TO AGREEMENT ;� mude this 7"day of viarch, 2000. by and between the CITY OF DIAMOND BAR. a municipal corporation of the State of California. ("CITY") and HIRSCH AND ASSOCIATES. it California corporation, (-CUNTRACT<)R'). Recitals: a. CONTRACTOR entered into an agreement with CITY on January 4.2000 (the "AGREEMENT-) to design landscaping improvements for three mCdians on Golden Springs Drive. h. Parties desire to amend the AGRE:EMEN'T to Providc for the design of landscaping improvcmunts at two additional locations in Diamond Bar: I. Golden Prados median at Golden Springs Sunset Crossing median/parkway at Chaparral Now. therefore, the parties agree to amend the AGREEMENT as follows: Section I - Attachment "A" to the AGREEMENT is amended by adding thereto the following additionui locations for design of landscaping improvements: 1. Golden Prados median at Golden Springs ?. Sunset Crossing median/Psrkwuy at Chaparral Section 3 Section 3 of the AGREEMENT is amended to add compensation in the amount of $17.050, for a t=1 authorization not to exceed $39.050. Except as pr vidcd above. the AGREEMENT is in all other respects in full force and effect. 1N WITNESS WHEREOF, the parties hereto have. executed this AMENDMENT #1 TO AGREEMENT on the date and year first written above. A'1"I'l;S'(': CITY OF DIAMOND BAR A Municipal Corporation Of the State of California Signed Title APPROVED TO FORM City Attorney Signed HIRSCH AND ASSOCIATES. City Clerk Hirsch EXHIBIT "B" Hi b Associates lac. LANDSCAPE ARCHITECTURE LA#1710 PARK PLANNING 8 DESIGN PROJECT MANAGEMENT SLA Mr. Bob Rose, Director Community Services Department City of Diamond Bar 21660 E. Copley Drive Suite 100 Diamond Bar, CA 91765-4177 Golden Prados and Chaparral Median Islands Dear Mr. Rose, February 24, 2000 The following professional fees are provided per your request to include the above referenced median island in the Golden Springs Drive median island project. The phasing and numbers are per the original scope of work. I have indicated a cost for each item of work since the projects may not run simultaneously. If staff meetings can be combined I will reduced the cost accord to the meetings actually attended. So the fees stated are the worst case scenario. Please review and give me all call if you have any questions. Phase I Item Respons. ibilily Total 1.) Hirsch & Associates, Inc. $ 250.00 2•) Dewan Lundin & Associates $ 2,300.00 3•) Hirsch & Associates, Inc. (1) Public Meeting $ 500.00 (2) Project Meetings @ $250/Each $ 500.00 4.) Hirsch & Associates, Inc. $ 2,000.00 5•) Hirsch & Associates, Inc. $ 3,000.00 6.) Hirsch & Associates, Inc. $350.00 7•) Hirsch & Associates, Inc. $400.00 Subtotal $ 9,300.00 Phase II Item Hourly Breakdown Total 1.) Hirsch & Associates, Inc. $ 250.00 2•) Hirsch & Associates, Inc. $ 350.00 2221 EAST WINSTON ROAD., SUITE A, ANAHEIM, CALIFORNIA 92806 PHONE 714-776-4340 FAX 714-776-4395 www.hha-landarch.com 3.) Hirsch & Associates, Inc. $ 350.00 4.) Hirsch & Associates, Inc. $ 250.00 5.) Hirsch & Associates, Inc. $ 400.00 6.) Hirsch & Associates, Inc. $ 1,500.00 (6) Site Visits @ $250/Each 7.) Hirsch & Associates, Inc. $ 250.00 8.) Hirsch & Associates, Inc. $ 450.00 9.) Hirsch & Associates, Inc. $ 350.00 10.) Hirsch & Associates, Inc. $600.00 Subtotal $ 4,750.00 Total Fee $ 14,050.00 Sincerely, Mr. President 1710 ASLA Hirsch Eiate7s,nc. CONSULTING SERVICES AGREEMENT THIS AGREEMENT is made as of January 4, 2000 by and between the City of Diamond Bar, a municipal corporation ("City") and Hirsch and Associates , ("Consultant"). RECITALS A. City desires to utilize the services of Consultant as an independent contractor to provide consulting services to City as set forth in Exhibit "A", the City's Request for Proposals dated November 23, 1999. B. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: 1. Consultant's Services. A. Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit "B" the Consultant's Response, dated November 23, to the City's Request for Proposals. B. Level of Services/Time of Performance. The level of and time of the specific services to be performed by Consultant are as set forth in Exhibit "B." 2. Term of Agreement. This Contract shall take effect January 4, 2000 , and shall continue until December 31. 2000 unless earlier terminated pursuant to the provisions herein. 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the schedule set forth in Exhibit "B." Payment will be made only after submission of proper invoices in the form specified by City. Total payment to Consultant pursuant to this Agreement shall not exceed $22,000 . 4. General Terms and Conditions. In the event of any inconsistency between the provisions of this Agreement and Consultant's proposal, the provisions of this Agreement shall control. 5. Addresses. City: City of Diamond Bar Consultant: Hirsch and Associates Terrence L. Belanger, City Manager Pat Hirsch 21660 East Copley Drive 2221 E. Winston Rd., Ste. 100 Suite 100 Anaheim, CA 92806 Diamond Bar, CA 91765-4177 6. Status as Independent Consultant. A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. 7. Standard of Performance. Consultant shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions. 8. Indemnification. Consultant agrees to indemnify the City, its officers, agents, volunteers, employees, and attorneys against, and will hold and save them and each of them harmless from, and all actions, claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of the acts, errors or omissions of Consultant, its agents, employees, subcontractors, or invitees, including each person or entity responsible for the provision of services hereunder. In the event there is more than one person or entity named in the Agreement as a Consultant, then all obligations, liabilities, covenants and conditions under this Section 8 shall be joint and several. 9. Insurance. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company admitted to do business in California and approved by the City (1) a policy or policies of broad -form comprehensive general liability insurance with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00; (3) automotive liability insurance, with minimum combined single limits coverage of $500,000.00; (4) professional liability insurance (errors and omissions) to cover or partially cover damages that may be the result of errors, omissions, or negligent acts of Consultant, in an amount of not less than $1,000,000 per occurrence; and (5) worker's compensation insurance with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. City, its officers, employees, attorneys, and volunteers shall be named as additional insureds on the policy(ies) as to comprehensive general liability, property damage, and automotive liability. The policy (ies) as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. A. All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage. B. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement; shall be issued by an insurance company which is admitted to do business in the State of California or which is approved in writing by the City; and shall be placed with a current A.M. Best's rating of no less that A VII. C. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (2) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less that one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement", or a substantially similar form which the City has agreed in writing to accept. 10. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Consultant prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Consultant's prior written consent, use the same for other unrelated projects. 11. Ownership of Materials. All materials provided by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. 12. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, director or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 13. Termination. Either party may terminate this Agreement with or without cause upon fifteen (15) days' written notice to the other party. However, Consultant shall not terminate this Agreement during the provision of services on a particular project. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services. 14. Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City's premises. 15. Non -Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 16. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 17. Performance Evaluation. For any contract in effect for twelve months or longer, a written annual administrative performance evaluation shall be required within ninety (90) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement. The work product required by this Agreement shall be utilized as the basis for review, and any comments or complaints received by City during the review period, either orally or in writing, shall be considered. City shall meet with Consultant prior to preparing the written report. If any noncompliance with the Agreement is found, City may direct Consultant to correct the inadequacies, or, in the alternative, may terminate this Agreement as provided herein. 18. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 19. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 20. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 21. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. 22. Governing Law. This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. 23. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 24. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk. 25. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. "City" ATTEST: By: L ,C City Clerk Approved as to form: By City Attomey lJjr-1f�i�: � CITY OF DIAMOND BAR By;-,jj(g2Gam• Mayor CITY OF DIAMOND BAR AGENDA REPORT AGENDA N0. (o • t TO: Terence L. Belanger, City Manager MEETING DATE: Ma►=t 17, 2000 REPORT DATE: March 2, 2000 FROM: Bobf 3ose, Community Services Director TITLE: Extension of Vendor .Services for Publicity Banners SUMMARY: The City has ufliiized Dekra-Lite to provide vertical publicity banners for City events. The City's Purchasing Ordinance limits the City Manager's purchasing authority to $15,000. The City Council previously authorized expenditures of $29,004 for the Holiday Banner Program. This work was completed by Dekra-Lite. The City is now purchasing bannemond banner support poles from Dekra-Lite to advertise the City Birthday Party, at a cost of $9,000. Dekra-Lite has consistently been the low bidder with the best turn -around time for this service. RECOMMENDED ACTION: It is recommended that the City Council authorize the additional expenditure of $9,000 from General Fund Reserves for the City Birthday Party publicity banners and banner support poles. It is further recommended that the City Council authorize the purchase be made from Dekra-Lite, bringing the total expenditure from this vendor for the current fiscal year to $38,000. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification _ Resolution(s) _ Bid Specifications (on file in City Clerk's office) Ordinance(s) _ Other: _ Agreement(s) EXTERNAL DISTRIBUTION: WA SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? N/A _ Yes X No 2. Does the report require a majority vote? X Yes _ No 3. Has environmental impact been assessed? N/A _ Yes X No 4. Has the report been reviewed by a Commission? _ Yes X No What Commission? N/A 5. Are other departments affected by the report? NIA _ Yes X No Report discussed with the following affected departments: REVIEWED BY: DEPARTMENT HEAD: T*rrence L. B City Manager James DeStefano Deputy City Manager -L Bo Rose Community Services Director CITY OF DIAMOND BAR AGENDA No. 6 -13 - AGENDA REPORT TO: Honorable Mayor and Members of the City Council REPORT DATE: March 2, 2000 MEETING DATE: March 7, 2000 FROM: Terrence L. Belanger, City Manager TITLE: Resolution No. 2000-xx "A Resolution of the City Council of the City Road Pur osf Diamond Bar Accepting A Granting of Certain Real Property Herein Described forP SUMMARY: Pursuant to Condition "dd" of Planning Resolution No. 99-13, the McDonald's Corporation has made an irrevocable offer of dedication Road to the City for roadway improvements.y adjacent to Golden Springs Drive and Brea Canyon RECOMMENDATION: That the City Council app d Bar Acceptingve and Resolution Crrant ng of Certain Real Resolution of the City Council of the City of Diamond Property Herein Described for Road Purposes", and direct the city Clerk to record the Irrevocable Offer of Dedication with the LA County Recorder's LIST OF ATTACHMENTS:X Staff Report — Public Hearing Notification Resolution(s) _ Bid Specification x — Agreement(s) x Other: Offer of Dedication SUBMITTAL CHECKLIST: x Yes — No I , Has the resolution, ordinance or agreement been reviewed by the City Attorney? Majority 2. Does the report require a majority or 4!5 vote? NIA Yes _ No 3. Has environmental impact been assessed. N/A Yes _ No 4. Has the report been reviewed by a Commission? — Which Commission? N/A Yes — No 5. Are other departments affected by the report? — REVIEWED BY: qU James DeStefano avi G.Aiu Te rL. Bel r De ut Director of public Works City Manager Deputy City Manager P y CITY COUNCIL REPORT AGENDA NO. _ MEETING DATE: March 7, 2000 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Resolution No. 2000-xx "A Resolution of the City Council of the City of Diamond Bar Accepting A Granting of Certain Real Property Herein Described for Road Purposes." ISSUE STATEMENT To accept the irrevocable offer of dedication for road purposes. RECOMMENDATION That the City Council approve and adopt Resolution No. 2000-xx "A Resolution of the City Council of the City of Diamond Bar Accepting A Granting of Certain Real Property Herein Described for Road Purposes", and direct the City Clerk to record the Irrevocable Offer of Dedication with the LA County Recorder's Office. FINANCIAL SUMMARY Acceptance of the offer of dedication will not have any financial impact on the City. BACKGROUND/DISCUSSION Pursuant to Condition "dd" of Planning Resolution No. 99-13, the McDonald's Corporation has made an irrevocable offer of dedication for a 5' wide portion of its property adjacent to Golden Springs Drive and Brea Canyon Road to the City for roadway improvements. The current dedicated right of way at the intersection of Golden Springs Drive and Brea Canyon Road is 100 - feet. The proposed dedicated 5 -feet wide portion along the total property frontage will allow for future improvements, if required, such as widening of the intersection at that northwest corner. Prepared by: David G. Liu/Rose Manela 1 RESOLUTION NO. 2000-. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ACCEPTING A GRANTING OF CERTAIN REAL PROPERTY HEREIN DESCRIBED FOR ROAD PURPOSES RECITALS WHEREAS, the Planning Commission of the City of Diamond Bar on May 11, 1999 has passed Resolution No. 99-13, approving the combined commercial fast food restaurant and gas service station; WHEREAS, Resolution 99-13 places conditions upon the developer to make an irrevocable offer of dedication of a 5 -feet wide portion of its property adjacent to Golden Springs Drive and Brea Canyon Road as required by the City Engineer; WHEREAS, Section 65402 of the Government Code requires, in part, that no real property shall be acquired until the location, purpose, and extent of the acquisition has been reported on by the Planning Commission; WHEREAS, the Planning Commission Resolution, adopted pursuant to a duly noticed and conducted public hearing as cited therein and considered in conformance with the General Plan, shall be the Planning Commission's report on this matter; WHEREAS, McDonald's Corporation, a California Corporation is the Owner of the property herein above generally described and has offered the City of Diamond Bar a dedication for such portions of property more particularly described in that Irrevocable Offer of Dedication attached hereto as Exhibit "A"; WHEREAS, the City Engineer has reviewed, approved, and recommends acceptance of the Irrevocable Offer of Dedication; and WHEREAS, all legal prerequisites to the acceptance of this offer and the adoption of this resolution have occurred. RESOLUTION NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. The City Council of the City of Diamond Bar does hereby find that all of the facts set forth in the Recitals of this Resolution are true and correct. SECTION 2. The City Council of the City of Diamond Bar does hereby accept the Irrevocable Offer of Dedication for Road Purposes, attached hereto as Exhibit "A", from the McDonald's Corporation and consents to recordation of this offer of dedication. SECTION 3. The City Clerk of the City Council is hereby authorized and directed to cause the Irrevocable Offer of Dedication to be recorded on behalf of the City in the Office of the County Recorder and to execute any and all other documents as may be necessary or convenient to effect the recordation; and to certify to the adoption of this resolution. PASSED, APPROVED AND ADOPTED this 7 1h day of March , 2000. Mayor I, LYNDA BURGESS, City Clerk of the City of Diamond Bar do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of Diamond Bar held on the 7" day of March, 2000 by the following vote: AYES: COUNCIL MEMBERS: NOES. COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ATTEST: CITY CLERK OF THE CITY OF DIAMOND BAR PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: The City of Diamond Bar 21660 East Copely Drive, Suite 190 Diamond Bar, CA 91765-4177 ATTN: Date: January 28, 2000 Dwg No.: ��iQ�T fi (THIS SPACE FOR RECORDER'S USE ONLY) Assessor's Parcel No(s): 8763-007-018,019,021 IRREVOCABLE OFFER OF DEDICATION - ROAD PURPOSES City of Diamond Bar County of Los Angeles, State of California the undersigned, being the present title owner(s) of record of the herein described parcel of land, do hereby make an IRREVOCABLE OFFER OF DEDICATION to the City of Diamond Bar, a California Municipal Corporation, and its successors or assigns, of a permanent easement and right-of-way for street and highway purposes, and incidents and appurtenances thereto over, under, along and across the real property situated in the City of Diamond Bar, County of Los Angeles, State of California more particularly described in Exhibit "A" and as shown on Exhibit "B", both attached hereto. It is understood and agreed that the City of Diamond Bar and its successors and assigns shall incur no liability with respect to such offer of dedication, and shall not assume any responsibility for the offered parcel of land or any improvements thereon or therein, until such offer has been accepted by action of the Diamond Bar City Council, or its authorized designee. The provisions hereof shall inure to the benefit of an be binding upon heirs, successors, assigns, and personal representatives of the respective parties hereto. IN WITNESS WHEREOF, these presents have executed this instrument this 28tbday of January 192000 McDONALD'S CORPORATION —:�C. Counsel This is to certify that the interest in real property conveyed by this instrument to the City of Diamond Bar, a municipal corporation, is hereby accepted by the undersigned officer on behalf of the City of Diamond Bar, Date: For City Engineer By Deputy NOTE: NOTARY ACKNOWLEDGMEA MUST BE ATTACHED This information is available in alternative formats for persons with disabilities. To request this information in alternative format, call the City of Diamond Bar ACKNOWLEDGMENT - McDonald's Corporation STATE OF ILLINOIS ) ) SS: COUNTY OF DUPAGE ) I, Sueann Fisher, a Notary Public in and for the county and state aforesaid, DO BEREBY CERTIFY that Troy M. Brethauer, Senior Counsel of McDonald's Corporation, a Delaware corporation, who is personally known to me to be the same person whose name is subscribed to the foregoing instrument as such Senior Counsel appeared before me this day in person and acknowledged that he signed, sealed and delivered the said instrument as his free and voluntary act as such Senior Counsel and as the free and voluntary act of said corporation for the uses and purposes therein set forth. Given under my hand -and notarial seal, February 2, 2000 My commission expires 2/24/02 Notary Public [OFFICIAL SEAL SUEANN FISHER NOTARY pt1C, STATE OF IIIN��., CDMR�t —04ON EXRRE8;0��l1/G2 ... , ....n �r,..ww..• nwnR EXHIBIT "A" EASEMENT FOR STREET PURPOSES PARCEL A AN EASEMENT FOR STREET PURPOSES THROUGH, UNDER, OVER, AND ALONG A PORTION OF PARCELS 1 AND 2, AS SHOWN ON PARCEL MAP 7207, FILED IN BOOK 132, PAGE 44 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA. SAID EASEMENT MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF PARCEL 2 OF SAID PARCEL MAP; THENCE NORTH 09°11'20" WEST, 4.02 FEET TO THE BEGINNING OF A NONTANGENT CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 1546 FEET, A RADIAL TO THE CENTER OF SAID CURVE BEARS NORTH 14°57'11" WEST; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11 °57'00" A DISTANCE OF 322.44 FEET TO THE BEGINNING OF A COMPOUND CURVE HAVING A RADIUS OF 38 FEET, A RADIAL TO THE CENTER OF SAID CURVE BEARS NORTH 26°54'11" WEST; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 96°58'21" A DISTANCE OF 64.31 FEET; THENCE NORTH 33052'32 WEST, 96.21 FEET; THENCE NORTH 72°51'43" EAST, 4.18 FEET; THENCE SOUTH 33°52'32" EAST, 95.01 FEET TO A TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 42 FEET, A RADIAL TO THE CENTER OF SAID CURVE BEARS SOUTH 56°07'28" WEST; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 96058'21" A DISTANCE OF 71.08 FEET TO THE BEGINNING OF A COMPOUND CURVE HAVING A RADIUS OF 1550 FEET, A RADIAL TO THE CENTER OF SAID CURVE BEARS NORTH 26°54'11" WEST; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11057'54" A DISTANCE OF 323.68 FEET TO THE POINT OF BEGINNING. �l \,NND Exp.9l30101 �F No. 5562 Q PLS 5562 EXPIRE 9/30/01 EXHW To � BASIS OF BEARINGS THE BASIS OF BEARINGS FOR THIS p=96058'21 DRAWING IS THE NORTHERLY LINE R_42.00 OF PARCEL LP.M. ��ppU L_71.08' BK 132, OF PARCEL MAPS, �s C� IN THE OFFICE OF THE COUNTY 95,01' " RECORDER OF LOS ANGELES ° COUNTY, CALIFORNIA. � P�A- OC I.E. N 24029'29" W D N26°54� W� (RAD ._-- p LEGEND STREET DEDICATION . . . . '" DEDICATION p=96°5821a to g j c� AREA OF STREET ACRES m N R=38.00 O N h 0.04 a L=64.31 ,\ PARCEL N0, M o ^ PARCEL I `.o � � � ASSESSOR'S 8 THRU 21 z763-007-18 P.M. NO. 7207 z REFERENCE DRAWINGS PARCEL MAP 7207, BOOK 132 N 67006'47" E 59.49' ►Ur) o c° co (BASIS OF BEARINGS) c N N 24029'29" W V- '� IV-, ZN�DI�s AY 157.82 0100 0 0 cV D � rm o M N DWM M BAS 0 II N '- or- C4 0 0 GOLDEN SPRINGS DR. Z PARCEL 2 ^ P.M. NO. 7207 II VICINITY MAP -� NO SCALE 4 '90 'LAND (RAD) N14057 -11-w`8 _' 82.20 '� NAS�7 .c a��o N 091011'20" W 4.02' P.O.B CORNER � � SCq� � ~ 4F L 2 `�'� E No.9/30/01 5562 �� � � 60. CA1-�F� J.N. 998-032.2 ®NASLAND ENGINEERING STREET DEDICATION FOR- CIVIL ENGINEERING • SURVEYDIG 9 LAND PLANNING CANYON RD. AND GOLDEN SPRINGS DR Street San Diego, California. 92111 BREA TO THE CITY OF DIAMOND BAR, CA 858-292-7770 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO.: 6 1`1 TO: Honorable Mayor and Members of the City Council MEETING DATE: March 7, 2000 REPORT DATE: March 2, 2000 FROM: Terrence L Belanger City Manager TITLE: Award of Design Services for Area 2 Slurry Seal Project. SUMMARY: On January 21, 2000, the Public Works Division solicited proposals for design services for the 1999-2000 Area 2 Slurry Seal Project. On February 4, 2000, two proposals were received; from GFB-Friedrich & Associates and Charles Abbott Associates. At this time, Staff proposes to award the design services contract to the most qualified consultant. RECOMMENDATION: That the City Council award the 1999-2000 Area 2 Slurry Seal Project design services contract to GFB-Friedrich & Associates, in an amount not to exceed $36,100.00. Furthermore, it is recommended that the Council authorize an amount of $3,600.00 for contract amendment(s) to be approved by the City Manager, for a total authorization of $39,700.00. LIST OF ATTACHMENTS: X Staff Report Public Hearing Notification _ Ordinances(s) _ Other: RFP dated 10/10/97 and x Agreement(s) Consultants Proposals are on file with the City Clerk 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 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? _ Yes x No REVIEWED BY: Terrence L. Bela r James DeStefano David6.7111', City Manager Deputy City Manager Deputy Director of Public Works CITY COUNCIL REPORT AGENDA NO. MEETING DATE: March 7, 2000 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Award of Design Services for Area 2 Slurry Seal Project. ISSUE STATEMENT The project location for the 1999-2000 Slurry Seal Program is Area 2. It is proposed to award the contract to the most qualified consultant. RECOMMENDATION That the City Council award the 1999-2000 Area 2 Slurry Seal Project design services contract to GFB-Friedrich & Associates, in an amount not to exceed $36,100.00. Furthermore, it is recommended that the Council authorize an amount of $3,600.00 for contract amendment(s) to be approved by the City Manager, for a total authorization of $39,700.00. FINANCIAL SUMMARY $700,000.00 Gas Tax Fund has been allocated for Area 2 Slurry Seal and residential street improvements. BACKGROUND/DISCUSSION The City has been divided into five areas. This project will begin the second cycle of slurry seal/residential street improvement activities on a Citywide basis. The project is to complete approximately 22 miles of residential and collector streets and to remove/repair damaged A.C. pavement, curbs and gutters, and sidewalks as determined by field conditions. The project location of the 1999-2000 Slurry Seal Program is Area 2. See Exhibit "A". On January 21, 2000, the Public Works Division solicited proposals for design services for the 1999-2000 Area 2 Slurry Seal Project. On February 4, 2000, two proposals were received; from GFB-Friedrich & Associates and Charles Abbott Associates. At this time, Staff proposes to award the design services contract to the most qualified consultant. These proposals were reviewed and evaluated by the selection committee based on demonstrated knowledge and ability, adequate number of staff assigned to the job, experience of team members, ability to work with City staff, knowledge of local conditions, involvement with related projects, ability to keep on schedule, ability to stay within budget and demonstrated interest by the consultant. In an effort to improve the City's total infrastructure, the program has expanded to a more comprehensive project for residential streets since the first cycle of slurry seal areas. The City's approach has been a very detailed review and emphasis on thorough field review effort of existing conditions, problems and potential solutions. In review of the two proposals, the selection committee discussed the two methods proposed by the consultants. GFB-Friedrich & Associates has proposed a comprehensive field review to completely cover the 22 miles in this area. Their proposal includes the walking of every street to map and note field conditions from sidewalks, curb and gutters, pavement distress requiring repair, pavement distress requiring crack seal treatment, and manholes. They propose to make reference and cross reference by specific address and problem and repair solutions. They also propose review of problem areas such as tree roots or weakend pavement sections and will make recommendations for repair or removal. Charles Abbott Associates has proposed a more standardized maintenance slurry seal program. Their proposal includes minimal hours for field review for the total 22 miles in this area. There was no emphasis on the field review. Based on the familiarity with the City's needs, proposed methodology and tasks and demonstrated knowledge of the slurry seal and residential street improvements project requirements, staff recommends the award of design contract to GFB-Friedrich & Associates. GFB-Friedrich & Associates Charles Abbott Associates Will meet with City as -needed, minimum of 2, to discuss project objectives, status, update, proposed improvements. Will meet with City 2 times, additional $300 for each additional meeting. Complete Field Review and measurements by foot — 22 miles 236 hours Complete Field Review — 22 miles (32 hours) Complete 2 utility coordinations (l . Research and comments, 2. Review of plans and specifications and comments Utility Research Prepare sreadsheets of cross referenced data Prepare plan andspecifications Annotate plan maps with cross referenced data Assist during Bidding and Construction phases Prepare design base maps and bidspecs $15,960.00 Prepare bid documents Hourly rates - $76-151/hr Assist during Bidding and Construction phases 7weeks to complete plans andspecs $36,100.00 Hourly rates - $60-$90/hr S weeks to complete plans andspecs Prepared By: David Lia/Rose Maneta SCG=�U� SLURRY Ln1L, Ln1 LRS LS Ln1 LOCAL STREET MILEAGE . nc . a C/T Y OF DIAMOND RA R PAVEMENT MANAGEMENT SYSTEM February 1998 C /� /7 i l5 / / e -.- CONSULTING SERVICES AGREEMENT THIS AGREEMENT is made as of by and between the City of Diamond Bar, a municipal corporation ("City") and ria 1•r; ,- ,..; ,. 'Consultant"). & Associates, Inc. RECITALS A. City desires to utilize the services of Consultant as an independent contractor to provide consulting services to City as set forth in Exhibit "A." B. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: 1. Consultant's Services. A. Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit "B." B. Level of Services/Time of Performance. The level of and time of the specific services to be performed by Consultant are as set forth in Exhibit "B." 2. Term of Agreement. This Contract shall take effect , 2000, and shall continue until the full and final completion of said project described in Exhibit "A" and Exhibit "B" to the satisfaction of the City, unless earlier terminated pursuant to the provisions herein. 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the schedule set forth in Exhibit "B." 4. General Terms and Conditions. In the event of any inconsistency between the provisions of this Agreement and Consultant's proposal, the provisions of this Agreement shall control. 5. Addresses. City: City Manager City of Diamond Bar 21660 East Copley Drive Suite 100 Diamond Bar, California 91765-4177 1 Consultant: GFB-FRIEDRICH & ASSOC., INC. 6529 Riverside Ave., #230 Riverside, CA 92506 6. Status as Independent Consultant. A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement: Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. 7. Standard of Performance. Consultant shall perform all work to the highest professional standards and in a manner reasonably satisfactory to the City Manager or the City Manager's designee. 8. Indemnification. Consultant is skilled in the professional calling necessary to perform the services and duties agreed to be performed under this Agreement, and City is relying upon the skill and knowledge of Consultant to perform those services and duties. To the fullest extent permitted by law, Consultant hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless the City of Diamond Bar and its elected officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively "Indemnitees') from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or omission of Consultant or any of its officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to this Agreement or the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against an Indemnitee shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. Consultant shall pay Indemnitees for any attorneys' fees and costs incurred in enforcing this indemnification provision. Notwithstanding the Page 2 foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code § 2782(a) or (b) the contracting public agency's active negligence to the limited extent that the underlying Agreement is subject to Civil Code § 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees. Consultant, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Consultant regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. In the event there is more than one person or entity named in the Agreement as a Consultant, then all obligations, liabilities, covenants and conditions under this Section 8 shall be joint and several. 9. Insurance. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company admitted to do business in California and approved by the City (1) a policy or policies of broad -form comprehensive general liability insurance with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00; (3) automotive liability insurance, with minimum combined single limits coverage of $500,000.00; (4) professional liability insurance (errors and omissions) to cover or partially cover damages that may be the result of errors, omissions, or negligent acts of Consultant, in an amount of not less than $1,000,000 per occurrence; and (5) worker's compensation insurance with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. City, its officers, employees, attorneys, and volunteers shall be named as additional insureds on the policy(ies) as to comprehensive general liability, property damage, and automotive liability. The policy (ies) as to comprehensive general liability, property damage, automobile liability, and professional liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. A. All insurance policies shall provide that the insurance coverage shall not be non - renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage. B. Consultant agrees that if it does not keep the insurance in full force and effect, and such insurance is available at a reasonable cost, City may take out the necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation of Consultant and the cost of such insurance may be deducted, at the option of City, from payments due Consultant. C. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (2) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less that Page 3 one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement" . 10. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided -for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 11. Ownership of Materials. All materials provided by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. 12. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, director or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 13. Termination. City may terminate this Agreement with or without cause upon fifteen (15) days' written notice to Consultant. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services. 14. Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City's premises. 15. Financial Condition. Prior to entering into this Agreement, Consultant has submitted documentation acceptable to the City Manager, establishing that it is financially solvent, such that it can reasonably be expected to perform the services required by this Agreement. Within thirty (30) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of Page 4 this Agreement, Consultant shall submit such financial information as may be appropriate to establish to the satisfaction of the City Manager that Consultant is in at least as sound a financial position as was the case prior to entering into this Agreement. Financial information submitted to the City Manager shall be returned to Consultant after review and shall not be retained by City. 16. Non -Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 17. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 18. Performance Evaluation. For any contract in effect for twelve months or longer, a written annual administrative performance evaluation shall be required within ninety (90) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement. The work product required by this Agreement shall be utilized as the basis for review, and any comments or complaints received by City during the review period, either orally or in writing, shall be considered. City shall meet with Consultant prior to preparing the written report. If any noncompliance with the Agreement is found, City may direct Consultant to correct the inadequacies, or, in the alternative, may terminate this Agreement as provided herein. 19. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 20. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. Page 5 21. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 22. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. 23. Governing Law. This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. 24. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 25. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk. 26. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. "City" ATTEST: CITY OF DIAMOND BAR By: By: City Clerk City Manager Approved as to form: "CONSULTANT" By: City Attorney By: ' Gh Its: ' Page 6 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. ZL TO: Honorable Mayor and Members of the City Council MEETING DATE: March 7, 2000 REPORT DATE: February 15, 2000 FROM: Terrence L. Belanger, City Manager TITLE: DEVELOPMENT CODE AMENDMENT NO. 99-1 AND SUBDIVISION ORDINANCE AMENDMENT NO. 99-1 SUMMARY: The Development Code and Subdivision Ordinance have been in existence for over one year. The implementation of both codes during this time period indicates that several amendments are needed in order to continue to implement the purpose of both codes, better serve residents and the development community. The Planning Commission reviewed the proposed amendments and on January 25, 2000 adopted Resolution No. 2000-02 recommending the City Council adopt the amendments. RECOMMENDATION: It is recommended that the City Council open the public hearing, receive public comments, discuss the Planning Commission recommended amendments and direct staff to prepare an ordinance approving said amendments to the Development Code and Subdivision Ordinance. LIST OF ATTACHMENTS: X Staff Report Resolution Ordinances Agreements SUBMITTAL CHECKLIST: _ Public Hearing Notification Bid Specification (on file in City Clerk's Office) X Negative Declaration No. 99-9 X PC Resolution No. 2000-02 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? Planning Commission 5. Are other departments affected by the report? Report discussed with the following affected departments: REVIEWED BY: aww ence L. Belanger City Manager -At -J s DeStefano I" Deputy City Manager N/A Yes No X Yes No X Yes No X Yes No Yes X No CITY COUNCIL REPORT Agenda No. MEETING DATE: March 7, 2000 TO: Honorable Mayor and Members of the City Council FROM: Terence L. Belanger, City Manager SUBJECT: DEVELOPMENT CODE AMENDMENT NO.99-1 AND SUBDIVISION ORDINANCE AMENDMENT NO.99-1 ISSUE STATEMENT: The Development Code and Subdivision Ordinance have been in existence for over one year. The implementation of both codes during this time period indicates that several amendments are needed in order to continue to implement the purpose of both codes, better serve residence and the development community. The Planning Commission reviewed the proposed amendments and on January 25, 2000 adopted Resolution No. 2000-02 recommending the City Council adopt the amendments. RECOMMENDATION: It is recommended that the City Council open the public hearing, receive public continents, discuss the Planning Commission recommended amendments and direct staff to prepare an ordinance approving said amendments to the Development Code and Subdivision Ordinance. BACKGROUND: After many workshops and public hearings by Planning Commission and City Council, the City's Development Code was adopted and became effective on December 3, 1998. The Subdivision Ordinance was adopted and became effective on March 3, 1999. The purpose of the Development Code is to implement the policies of the City's General Plan by classifying and regulating the uses of land and structures within the City. In addition, the Development Code protects and promotes the public health, safety, and general welfare of the residents, and preserves and enhances the aesthetic quality of the City. The Development Code provides standards for orderly growth and development and promotes a stable pattern of land uses. It is a tool utilized to implement the land uses designated by the General Plan, thereby avoiding conflict between land uses. The Development Code assists in protecting and maintaining property values, and conserving and protecting the City's natural resources. Furthermore, the Development Code facilitates in protecting the City's character, and social and economic stability, as well as assisting in maintaining a high quality of life without unduly high public or private costs for development or unduly restricting private enterprise, initiative, or innovative design. The purpose of the Subdivision Ordinance is to supplement, implement and work with the Subdivision Map Act of the California Government Code. The Subdivision Ordinance is not intended to replace the Map Act. It is utilized in conjunction with the Map Act in the preparation of applications, the review and approval, and construction of proposed subdivisions. The City staff has been utilizing the Development Code and Subdivision Ordinance for over one year. The implementation of both codes during this time period indicates that several amendments are needed in order to continue to implement the purpose of both codes, better serve the residents and development community while safeguarding the best interest of the City. As a result, the City of Diamond Bar (pursuant to Code Sections 22.44 and 21.02) is requesting approval to amend the Articles and Sections of City's Development Code and Subdivision Ordinance as present in this staff report. The proposed amendments to both codes were present to the Planning Commission on December 14, 1999 at a public hearing. At that time, the public hearing was continued to January 11, 2000. On January 11, 2000, the Planning Commission directed staff to prepare a resolution recommending approval to City Council of the proposed amendments. On January 25, 2000, the Planning Commission adopted Resolution No. 2000-02 recommending approval of the proposed amendments as follows: DEVELOPMENT CODE SUBDIVISION ORDINANCE Article II Article I • Section 22.06.040, Table 2-2 • Section 2101.040 • Section 22.08.240, Table 2-4 • Section 22.10.030, Table 2-5 and Table 2-6 Article III Article II • Section 22.42.110, Table 3-15 • Section 21.20.110 • Section 22.42.060 Article IV • Section 22.44.020, Table 4-1 Article V • Section 22.68.030 2 DISCUSSION: The following discussion/analysis will delineate each section with current standards, the issue/reason for the amendment and the recommended amendment in Article II Section 22.06.040, (pg. H-7) Current Standard: DEVELOPMENT CODE Zoning Consistency Matrix, Table 2-2 GENERAL PLAN DESIGNATION EXISTING ZONING DISTRICT APPLICABLE DEVELOPMENT CODE STANDARD Rural Residential (RR) R-1 40,000 Rural Residential (RR) Max 1 DU/AC RPD 20,000 Low Density Residential (RQ R-1 20,000 Low Density Residential Max 3 DU/AC R-1 15,000 (RL) Low Density Residential (RL) R-1 10,000 Low Density Residential Max 3 DU/AC RPD 10,000 (RL) R -A 10,000 R-1 9,000 R-1 8,500 Issue/Reason: The current Zoning Consistency Matrix, Table 2-2 as previously prepared creates confusion with the General Plan. According to the General Plan Land Use Map, the RPD 20,000 Zone is within the Low Density Residential (RL) land use designation. PA-2/SP will be developed with 127 single-family residences (Tract No. 52267/SunCal project) with lot sizes not exceeding 10,000 square feet. As such, it is consistent with the General Plan Low Density Residential land use designation. Hence the recommended amendments. Recommended Amendment to Section 22.06.040: Zoning Consistency Matrix, Table 2-2 GENERAL PLAN DESIGNATION EXISTING ZONING DISTRICT APPLICABLE DEVELOPMENT CODE STANDARD Rural Residential (RR) R-1 40,000 Rural Residential (RR) Max 1 DU/AC R-1 20,000 Low Density Residential (RQ Low Density Residential Max 3 DU/AC "'W (RL) R-1 10,000 RPD 10,000 R -A 10,000 R-1 9,000 R-1 8,500 Section 22.08.240, (pg.11-12) Current Standard: Residential Zoning District General Development Standards, Table 2-4 Development Feature RR RL RLM Fe Setbacks Required Rear 20 ft. 15 ft 15 ft. Lot Coverage No Standard No Standard No Standard Issue/Reason: Setbacks Originally, the City's intent was to increase the rear yard setback within the RR, RL and RIM Zones by five feet. The increased setback will provide a better rear yard livability area and will be more reflective of the existing setbacks in the referenced zones. Lot Coverage Pursuant to the Development Code, lot coverage is defined as the percentage of total site area occupied by structures and paving for vehicle use. Structure coverage includes the footprint of the primary structure, all accessory structures (e.g., carports, garages, patio covers, storage sheds, trash enclosures, etc.) and architectural features (e.g., chimneys, balconies, decks above the first floor, porches, stairs, etc.). Pavement coverage includes areas necessary for ingress, egress, outdoor parking and circulation of motor vehicles. Staff has contacted several cities (Malibu, La Verne, Covina, Fullerton, Rancho Cucamonga, Glendora, La Habra Heights) regarding the maximum allowable lot coverage. Lot coverage varies from city to city. Maximum lot coverage ranges from 20 to 60 percent. For example, the City of Rancho Cucamonga has maximum lot coverage of 25 percent for half -acre lots or larger, 40 percent for 8,000 square foot lots and 60 percent for 5,000 square foot or smaller lots. In the hillside areas of Glendora, lot coverage is based on the average slope. The allowed maximum lot coverage is as follows: 25 percent with a 10 to 25 percent average slope; 20 percent with a 25 to 35 percent average slope; 15 percent with a 35 to 40 percent average slope; 10 percent with a 40 to 45 percent average slope; and 5 percent with a 45 percent or greater average slope. In non -hillside areas, lot coverage is based on a maximum floor area ratio (FAR) of 35 percent. In La Habra Heights, lot coverage is determined by the required setbacks. La Verne and Covina have a maximum lot coverage of 35 percent. However, in La Verne maximum lot coverage for older homes is 45 percent. For the City of Fullerton, lots ranging from 6,000 to 40,000 square feet have a lot coverage of 60 to 45 percent respectively. Malibu permits the following lot coverage: up to 1/a acre — 45 percent; greater than 1/a acre but 1/2 acre or less — 35 percent; and greater than 1/z acre — 30 percent. In addition to the lot coverage thresholds, Malibu utilizes the maximum square footage of a residential unit based on lot size. 0 As referenced above, the current Table 2-4 does not address lot coverage. Lot coverage is addressed in Development Code Section 22.42.060, (pg. 111-176-177) Guest Houses at 40 percent. Within the RR, RL and RLM Zones, the issues related to lot coverage are foremost. In these zones, lot square footage is generally larger and there is the propensity toward greater lot coverage. A lot coverage of 30 percent allows the City to continue providing a higher quality of aesthetics and orderly and attractive development while ensuring functional design. A reduction in lot coverage will: assist in minimizing negative impacts for surrounding residences; provide more open space to buffer adjacent neighboring properties; reduce real or perceived crowdedness/intensity; assist in minimizing over development of a site; provide more exterior livability area; assist in reducing view blockage; and ensure that new development and the intensification of existing development yield a pleasant living environment for the property owner and surrounding properties. Recommended Amendment to Section 22.08.240: Residential Zoning District General Development Standards, Table 2-4 5 Section 22.10.030, (pg.11-17) Current Standard: Allowed Uses and Permit Requirements For Office Zoning Districts, Table 2-5 LAND 119E I PERMIT RE UIREMENT BY DISTRICT — -- — - - OP OB CO RETAIL TRADE USES P P P Alcohol beverage sales — off-site Alcohol beverage sales — on-site MCUP MCUP MCUP Service stations P P P Issue/Reason: The Development Code permits alcohol beverage sales for off-site consumption within the OP, OB, and CO Zones; and motor fuel sales within the OP, OB and CO Zones. However, alcohol beverage sales for off-site consumption in conjunction with the sale of motor fuel is not addressed except as indicated in the current Table 2-5. The recommended amendment will permit the alcohol beverage sales for off-site consumption in conjunction with the sale of motor fuel within the OP, OB and CO Zones with a Conditional Use Permit. The Conditional Use Permit process is intended to allow for specified uses whose effect on the surrounding area can not be determined before being proposed for a particular location. The Conditional Use Permit is a discretionary process that enables the City to ensure that potential impacts of a proposed use will not be detrimental to the public interest, health and safety. It also enables the City to ensure that the proposed use will not be injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located as well as review the location and design of the project. Furthermore, alcohol beverage sales for off-site consumption in conjunction with motor fuel sales exist in these zones. Recommended Amendment to Section 22.10.030: Allowed Uses and Permit Requirements For Office Zoning Districts, Table 2-5 LAND USE PERMIT REQUIREMENT BY DISTRICT OP OB CO RETAIL TRADE USES P P P Alcohol beverage sales — off-site Alcohol beverage sales — on-site MCUP MCUP MCUP Service stations P P P rel Section 22.10.030, (pg. 111-21) Current Standard: Allowed Uses and Permit Requirements For Office Zoning Districts, Table 2-6 LAND USE PERMIT REQUIREMENT BY DISTRICT C -t C-11 r-3 RETAIL TRADE USES p vp p Alcohol beverage sales — off-site Alcohol beverage sales — on-site MCUP MCUP MCUP Service stations p p p Issue/Reason: The Development Code permits alcohol beverage sales for off-site consumption within the C-1, C-2 and C-3 Zones; and motor fuel sales within the C-1, C-2 and C-3 Zones. However, alcohol beverage sales for off-site consumption in conjunction with the sale of motor fuel is not addressed except as indicated in the current Table 2-6. The recommended amendment will permit alcohol beverage sales for off-site consumption in conjunction with the sale of motor fuel within the C-1, C-2 and C-3 Zones with a Conditional Use Permit. As a discretionary permit, the Conditional Use Permit enables the City to ensure that potential impacts of a proposed use will not be detrimental to the public interest, health and safety. It also enables the City to ensure that the proposed use will not be injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located as well as review the location and design of the project. Furthermore, alcohol beverage sales for off-site consumption in conjunction with the sale of motor fuel exist in these zones. Recommended Amendment to Section 22.10.030: Allowed Uses and Permit Requirements for Office Zoning Districts, Table 2-6 LAND USE PERMIT REQUIREMENT BY DISTRICT C-1 C-2 C-3 RETAIL TRADE USES p p p Alcohol beverage sales — off-site Alcohol beverage sales — on-site MCUP MCUP MCUP L.Service stations p p p Article III Section 22.42.110, (pg. III -189) Current Standard: Required Setbacks -Accessory Uses and Structures, Table 3-15 Single -Family Detached Homes Accessory Structure Type of Setback Required Setback Swimming pool, spa, fish pond, outdoor play Sides, rear 3 ft. equipment Street side As required by the main structure Issue/Reason: Section 22.16.090.C.4.c. (page III -16) — Setback Regulations and Exceptions read as follows: "c. Swimming pools and spas. Swimming pools and spas are allowed in side and rear setbacks provided they are not closer than five feet to any property line." The current table is not consistent with the text. The intent was and still is to require that said accessory structures have a five-foot side and rear yard setback from the property line. To attain the intent and be consistent with the text, an amendment to the table is recommended. Recommended Amendment to Section 22.42.110: Required Setbacks -Accessory Uses and Structures, Table 3-15 Single-FamilySingie-Family Detached Homes Accessory Structure Type of Setback Required Setback Swimming pool, spa, fish pond, outdoor play Sides, rear equipment Street side As required by the main structure 0 Section 22.42.060, Guest Houses (pg. III -176-177) Current Standard: B.6. Size and permit requirements. A guest house of 500 square feet of gross floor area may be approved by the Director. Guest house in excess of 501 square feet may be approved by a Minor Conditional Use Permit in compliance with Chapter 22.56 (Minor Conditional Use Permit); B.10. Parcel coverage. The guest house, along with the main dwelling and any other accessory structures, shall not exceed an overall parcel coverage of 40 percent. Issues/Reasons: 11.6. For the City of Diamond Bar, the issue relates to requests for guest houses that are almost as large as the main dwelling. As a result, it is possible to conclude that a second dwelling unit is the actual request. With a maximum guest house square footage, two dwelling units on a single-family residential lot will not occur, thereby protecting the integrity of single-family residential areas. However, if an applicant has a need for a guest house larger than 1,200 square feet or 25 percent of the main dwelling, the Conditional Use Permit reviewed by the Planning Commission can be utilized. Also, when considering the appropriate square footage for a guest house, keep in mind that State law allows a second unit or "Granny Flat" of 1,200 square feet. The staff has surveyed several cities ( Fullerton, Covina, Glendora, Rancho Cucamonga, Chino Hills, La Habra Heights, Beverly Hills Rolling Hills, Rolling Hills Estate, Temecula, and Calabasas) regarding the maximum allowed square footage for guest houses. The allowed maximum square footage varies. The cities surveyed utilized one or a combination of the following standards: 35 to 65 percent of the main dwelling unit's square footage with the higher percentages requiring a discretionary permit; square footage of all accessory structures, including a guest house is permitted if less than 50 percent of the main dwelling unit and lot coverage does not exceed 35 percent; maximum square footage is not utilized, guest houses of any size are permitted as long as setback and lot coverage requirements are met; and a recorded deed restriction specifying the intended use and the fact that the guest house can not be rented. All cities that permit guest houses require that adequate parking be provided. The following is a synopsis of city development standards for a guest house. City of Glendora • Guest house requires a Conditional Use Permit • Maximum size 900 square feet • Shall not exceed maximum lot coverage requirements City of Covina • Allows a guest house when square footage of all accessory structures is less than 50 percent of main dwelling unit • Lot coverage does not exceed 35 percent City of Chino Hills • Does not have a maximum allowed square footage for guest house • Believes the lack of kitchen facilities tends to limit the request in general for guest houses • Discretionary permit not required E City of Rancho Cucamonga • Maximum 640 square feet, approved administratively • Larger requires a Conditional Use Permit City of Fullerton • Permits any size guest house if setbacks and lot coverage requirements are met • Requires a recorded deed restriction specifying intended use and that guest house can not be rented. City of La Habra Heights • A guest house is not permitted City of Beverly Hills • Three types of residential areas that permit a guest house/accessory structure Flats which consists of smaller lots not within a hillside area o Shall meet the required setbacks o Not exceed a 14 foot height o Not exceed 500 square feet Hillside o Maximum size governed by maximum cumulative floor area o Not to exceed a maximum cumulative floor area of 15,000 square feet unless permitted by a Planning Commission Hillside R-1 Permit o Without a level pad, or a level pad of less than 750 square feet, and average slope of 20 percent or greater, the maximum cumulative floor area for all structures shall not exceed 20 percent of site area o Site area of 15,000 square feet or less, maximum permitted cumulative floor area for all structures shall not exceed 40 percent of level pad plus 10 percent of slope area o Site area between 15,001 and 25,000 square feet, maximum permitted cumulative floor area for all structures shall not exceed 37 percent of level pad plus 10 percent of slope area o Site area between 25,001 and 30,000 square feet, maximum permitted cumulative floor area for all structures shall not exceed 34 percent plus 10 percent of slope area o Site area greater than 30,000 square feet, the maximum permitted cumulative floor area for all structures shall not exceed 31 percent of level pad plus 10 percent of slope area o Site area equals or exceeds two acres, cumulative floor area may exceed the limitations set forth in items above with Hillside R-1 permit approval Santa Monica Area Must meet the required setbacks, not exceed a 14 foot height and all structures shall not exceed a maximum 40 percent cumulative floor area plus 1,500 square feet Meet all required development standards, city staff completes the review and approval Exceptions to development standards requires a Planning Commission Hillside R-1 Permit 10 City of Rolling Hills • Permits a guest house, maximum 800 square feet, on any residential lot with net lot coverage not greater than 20 percent • Occupied only by the property owner's guest • Review and approval process is a Conditional Use Permit • Main dwelling must maintain minimum three car garage • Vehicle access or paved parking not allowed within 50 feet of the guest house • Guest house can only be occupied 30 days within a six month time period City admits this requirement is difficult to enforce City of Rolling Hills Estates • Does not have maximum square footage for a guest house • Required to maintain same setbacks as main dwelling with an eight foot separation from main dwelling • Occupied only by temporary guests of the main dwelling • Review and approval completed by city staff City of Temecula • Guest house/second dwelling unit utilize same development standards • Review and approval completed by city staff • Permitted in all residential districts • Hillside areas, maximum 10 percent lot coverage permitted • Other residential areas, lot coverage varies from 25 to 35 percent depending on the density Parking requirements relate to number of bedrooms Two bedrooms requiring one covered parking space Three bedrooms requiring two covered parking spaces. City of Calabasas • Guest house same setbacks as an accessory structure • Lot coverage, 50 percent for under a third of an acre • Lot coverage, 35 percent for over a third of an acre Reviewed and approved by city staff B.10. The overall parcel coverage amendment of 30 percent is needed for consistency with Section 22.08.240, Residential Zoning District General Development Standards, Table 2-4. Recommended Amendment to Section 22.42.060: B.6. Size and permit requirements. A guest house of 500 square feet of may be approved by a Minor Conditional Use Permit in compliance with Chapter 22.56. (Minor Conditional Use Permit); B.10. Parcel coverage. A guest house, along with the maindwelling and any other accessory _ structures, shall not exceed an overall parcel coverage of percent. 11 Article IV Section 22.44.020, (pg. IV -4) Current Standard: Authority for Land Use and Zoning Decisions, Table 4-1 Type of Permit or Decision Di rector Hearing Planning City Officer Commission Council Program Planned Sign Pro Final A eal Issue/Reason: The Development Code refers to this process as a Comprehensive Sign Program. Therefore, the Table needs to be amended to reflect the proper name of the process. Recommended Amendment to Section 22.44.020: Authority for Land Use and Zoning Decisions, Table 4-1 Type of Permit or Decision Director Hearing Planning City Officer Commission Council Si n Program Final Appeal 12 Article V Section 22.68.030, Restrictions on Nonconforming Structures (pg. V-14) Current Standard: B. Changes to, or expansion of, a structure. The addition, enlargement, extension, reconstruction, relocation or structural alteration of a nonconforming structure, may be allowed with Minor Conditional Use Permit approval, in compliance with Chapter 22.56 (Minor Conditional Use Permit), if the additions or improvements conform to applicable provisions of this Development Code and the exterior limits of new construction do not exceed the applicable height limit or encroach further into the setbacks than the comparable portion of the existing structure. The Hearing Officer may approve a Minor Conditional Use Permit only if the following findings can be made, in addition to those contained in Section 22.56.040 (Finding and Decisions). Issues/Reasons: The Planning Division staff receives many requests for additions less than 50 percent of the existing residential structure. The issue relates to such requests when the existing setbacks are not consistent with the new Development Code. In the past, the City has allowed additions (less than 50 percent of the existing square footage, with the appropriate permits) to single-family residential structures as long as the additions followed the development line of the existing residential structure. Such projects were approved administratively in Diamond Bar. This practice is typical in many cities. Pursuant to the above referenced Development Code section, additions of less than 50 percent and improvements as minimal as a patio cover (that follow the development line of the existing residential structure) to a legal non -conforming structure can only be approved through the Minor Conditional Use Permit (MCUP) process that requires a public hearing by the Hearing Officer (Deputy City Manager). This process is costly, burdensome and time consuming for the resident. In most cases, this process is not necessary for a high quality evaluation for compliance with the Development Code and City Design Guideline that are now in place. Furthermore, the Development Code grants the Director the ability to elevate a development project to the next level of processing if necessary. Recommended Amendment to Section 22.68.030: The addition, enlargement, extension, reconstruction, relocation or structural alteration of a nonconforming structure, may be allowed with Minor Conditional Use Permit approval, in compliance with Chapter 22.56 (Minor Conditional Use Permit). The Hearing Officer may approve a Minor Conditional Use Permit only if the following findings can be made, in addition to those contained in Section 22.56.040 (Finding and Decisions). 13 2. An addition or improvement conforms to all oiher�upplicable provisions of this Development Code; and 3. The exterior limits of new construction do not:exceed:the applicable height limit or encroach further into the setbacks—than, the co»FprtEor=of the existing szticture (follow the line of the existing structure,); hoxtever %� hel .sti�tg itie yarli-setbac s less than five feet, the exterior limits of new construction shall m' diniain a minimum five-foot side yard setback. 14 SUBDIVISION ORDINANCE Article I Section 21.01040, Applicability (pg. I-3) Current Standard: A. Subdivision approval required. All subdivisions within the City shall be authorized through the approval of a map or other entitlement in compliance with Chapter 21.03 (Subdivision Map Approval Requirements), and all other applicable provisions of this Title. Issue/Reason: The appropriate process is not discussed within the Subdivision Ordinance. Recommended Amendment to Section 21.01040: A. Subdivision approval required. All subdivisions within the City shall be authorized through the approval of a map or other entitlement in compliance with Chapter 21.03 (Subdivision Ma Approval Requirements), and all other a licable provisions of this Title Article II Section 22.20.110, Changes to Approved Tentative Map or Conditions, (pg. H-10) Current Standard: A. Limitation on allowed changes. Changes to a Tentative Map that may be requested by a subdivider in compliance with this Section include major adjustments to the location of proposed lot lines and improvements, and reductions in the number of approved lots (but no increase in the number of approved lots), and any changes to the conditions of approval, consistent with the findings required by Subsection D. of this Section. Other changes shall require the filing and processing of a new Tentative Map. Issue/Reason: The Subdivision Ordinance needs clarification regarding the allowed changes to a Tentative Map. Recommended Amendment to Section 22.20.110: A. Limitation on allowed changes. Changes to a Tentative Map that may be requested by a subdivider in compliance with this Section include major adjustments to the location of proposed lot lines and improvements, and reductions in the number of approved lots (but no increase in the number of approved lots), and any changes to the conditions of atmmval_ consistent with the f;wtl;noc ,p.n„;rp.t new Tentative Map. 15 - ---- ------a -- r-�_.,...,_ .b — - ENVIRONMENTAL ASSESSMENT: Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15070, the City has determined that a Negative Declaration is required for this project. Negative Declaration No. 99-9 has been prepared. The Negative Declaration Review period began November 23, 1999 and ended December 12, 1999. NOTICE OF PUBLIC HEARING: Notice for this project was published in the Inland Valley Bulletin and the San Gabriel Valley Tribune on February 15, 2000. Pursuant to Planning and Zoning Law Government Code Section 65091 (a)(3), if the number of property owners to whom a public hearing notice would be mailed is greater than 1,000, a local agency may provide notice by placing a display advertisement of at least one -eight page in at least one newspaper of general circulation. The City placed a one -eight page display advertisement in the above mentioned newspapers of general circulation. Furthermore, public notices were posted in five public places (City Hall, South Coast Air Quality Management District, Diamond Bar Library, Country Hills Town Center Community Board, and Vons/Savon Community Board) on February 14, 2000. Pre ared by: An L g Associate Planner Attachments: 1. Planning Commission Resolution No. 2000-02; 2. Negative Declaration No. 99-9; 3. Planning Commission Minutes for December 14, 1999, January 11 and January 25, 2000; and 4. Correspondence dated January 3, 2000 from Samuel Tricoli. 16 PLANNING COMMISSION RESOLUTION NO. 2000-02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING THAT THE CITY COUNCIL APPROVE DEVELOPMENT CODE AMENDMENT NO. 99-1, SIIBDIVISION ORDINANCE AMENDMENT NO. 99-1 AND NEGATIVE DECLARATION NO. 99-9. A. RECITALS. 1. The City of Diamond Bar has initiated an application for Development Code Amendment No. 99-1, Subdivision Ordinance Amendment No. 99-1 and Negative Declaration No. 99-9. Hereinafter in this Resolution, the subject Development Code Amendment, Subdivision Ordinance Amendment and Negative Declaration shall be referred to as the "Application". 2. The Community and Development Services Department has determined that the following existing development standards within the Development Code require modification in order to implement the General Plan: Article II, Sections 22.06.040 -Table 2-2, 22.08.240 - Table 2-4 and 22.10.030 -Tables 2-5 and 2-6; Article III, Sections 22.42.110 -Table 3-15 and 22.42.060- B.6. and B.10.; Article IV, Section 22.44.020, Table 4-1; and Article V, Section 22.68.030. 3. The Community and Development Services Department has determined that the following existing standards within the Subdivision Ordinance require modification in order to implement the General Plan: Article I, Section 22.01.040-A.; and Article II, Section 22.20.110-A. 4. Pursuant to Planning and Zoning Law Government Code Section 65091 (a) (3) requiring at least a one -eight page display advertisement in at least one newspaper of general circulation, on November 23, 1999, notification 1 of the public hearing for this Application was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. Furthermore, on November 22, 1999, public notices were posted in five public places (City Hall, South Coast Air Quality Management District, Diamond Bar Library, Country Hills Town Center Community Board, and Vons/Savon Community Board.) 5. On December 14, 1999, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application. On December 14, 1999, the public hearing was continued to January 11, 2000. On January 11, 2000, the Planning Commission directed staff to prepare a resolution recommending approval of the Application to City Council. The public hearing was continued to and was concluded on January 25, 2000. 6. Following due' consideration of public testimony, staff analysis, and the Commission's deliberations, the Planning Commission has determined that Development Code Amendment No. 99-1 and Subdivision Ordinance Amendment No. 99-1 attached hereto as Exhibit "A" implements the Strategies of the General Plan. B. Resolution. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby finds that the Initial Study review and Negative Declaration No. 99-9 have been prepared by the City of Diamond Bar in compliance with the requirements of the California Environmental Quality Act (CEQA) of 1970 and guidelines promulgated thereunder, pursuant to Section 15070. Furthermore, Negative Declaration No. 99-9 reflects the independent judgement of the City of Diamond Bar. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning K Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based on.the findings and conclusions set forth above, the Planning Commission hereby recommends that the City Council adopt Development Code Amendment No. 99-1 and Subdivision Ordinance Amendment No.99-1 attached hereto as Exhibit "A" and incorporated herein by reference. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution to the City Council forthwith. APPROVED AND ADOPTED THIS 25TH OF JANUARY 2000, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Steve Tye Chairman I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 25th day of January 2000, by the following vote: AYES: Tye, Nelson, Ruzicka, Kuo NOES: None ABSENT: McManus ABSTAIN: None ATTEST: WM-10 James DeS efano, Secretary 3 CITY OF DIAMOND HARD Exhibit "A" ZONING CODE A14ENDNEW NO. 99-1 ARTICLE II Amendment to Section 22.06.040, Zoning Consistency Matrix, Table 2-2 GENERAL PLAN DESIGNATION EXISTING ZONING DISTRICT APPLICABLE DEVELOPMENT CODE STANDARD Rural Residential (RR) R-1 40,000 Rural Residential (RR) Max 1 DU/AC R-1 20,000 Setbacks Required Low Density Residential RPD 20,000 Low Density Residential (RL) Max 3 DU/AC R-1 15,000 20 ft. from the 20 ft. from the R-1 10,000 property line or property line or RPD 10,000 buildable pad on a R -A 10,000 buildable pad on a R-1 9,000 descending slope descending slope R-1 8,500 whichever is whichever is PA -2 /SP Amendment to Section 22.08.240, Residential Zoning District General Development Standards, Table 2-4 Development RR RL RIM Feature Setbacks Required Rear 25 ft. from the 20 ft. from the 20 ft. from the property line or property line or property line or buildable pad on a buildable pad on a buildable pad on a descending slope descending slope descending slope whichever is whichever is whichever is applicable I applicable I applicable Lot Coverage 1 30 percent 1 30 percent 1 30 percent 1 Amendment to Section 22.10.030, Allowed Uses and Permit Requirements For Office Zoning Districts, Table 2-5 LAND USE PERMIT REQUIREMENT BY DISTRICT nP nR ('n RETAIL TRADE USES P P P Alcohol beverage sales - off-site 5 ft. outdoor play equipment Alcohol beverage sales - off-site - in CUP CUP CUP conjunction with the sale of motor fuel the main Alcohol beverage sales - on-site MCUP MCUP MCUP Amendment to Section 22.10.030, Allowed Uses and Permit Requirements for Office Zoning Districts, Table 2-6 LAND USE PERMIT REQUIREMENT BY DISTRICT C-1 C-2 C-3 RETAIL TRADE USES P P P Alcohol beverage sales - off-site 5 ft. outdoor play equipment Alcohol beverage sales - off-site - in CUP CUP CUP conjunction with the sale of motor fuel the main Alcohol beverage sales - on-site MCUP MCUP MCUP Article III Amendment to Section 22.42.110, Required Setbacks -Accessory Uses and Structures, Table 3-15 Sincle-Family Detached Rees Accessory Structure Type of Setback Required Setback Swimming pool, spa, fish pond, Sides, rear 5 ft. outdoor play equipment Street side As required by the main structure Amendment to Section 22.42.060, Guest Houses B.6. Size and permit requirements. A guest house of 500 square feet of gross floor area may be approved by the Director. Guest houses in excess of 501 square feet and not exceeding 1,200 square feet or up to 25 percent of the main dwelling's square footage, whichever is less, may be approved by a Minor Conditional Use Permit in compliance with Chapter 22.56 (Minor Conditional Use Permit). B.10. Parcel coverage. The guest house, along with the main dwelling and any other accessory structures, shall not exceed an overall parcel coverage of 30 percent. Article IV Amendment to Section 22.44.020, Authority for Land Use and Zoning Decisions, Table 4-1 Type of Permit or Decision Director Rearing Officer Planning Ccamission City Council Comprehensive Sign Program Final Appeal Article V Amendment to Section 22.68.030, Restrictions on Non -conforming Structures The addition, enlargement, extension, reconstruction, relocation or structural alteration of a nonconforming structure, may be allowed with Minor Conditional Use Permit approval, in compliance with Chapter 22.56 (Minor Conditional Use Permit). The Hearing Officer may approve a Minor Conditional Use Permit only if the following findings can be made, in addition to those contained in Section 22.56.040 (Finding and Decisions). In the case of residential dwelling units, the Director may approve the following if: 1. An addition or improvement is less than 50.percent of the existing square footage of all structures on site and lot coverage does not exceed 30 percent as listed in Table 2-4; 2. An addition or improvement conforms to all other applicable provisions of this Development Code; and 3. The exterior limits of new construction do not exceed the applicable height limit or encroach further into the setbacks than the comparable portion of the existing structure (follow the development line of the existing structure); however, if the existing side yard setback is less than five feet, the exterior limits of new construction shall maintain a minimum five-foot side yard setback. 3 SUBDIVISION CODE AMENDIUM NO. 99-1 Article I Amendment to Section 21.01.040, Applicability A. Subdivision approval required. All subdivisions within the City shall be authorized through the approval of a map or other entitlement in compliance with Chapter 21.03 (Subdivision Map Approval Requirements), and all other applicable provisions of this Title. All subdivision applications shall follow the same process as a Development Code Amendment. Article II Amendment to Section 22.20.110, Changes to &pproved Tentative Map or Conditions A. Limitation on allowed changes. Changes to a Tentative Map that may be requested by a subdivider in compliance with this Section include major adjustments to the location of proposed lot lines and improvements, and reductions in the number of approved lots (but no increase in the number of approved lots), and any changes to the conditions of approval, consistent with the findings required by Subsection D. of this Section. The City Engineer, except as otherwise provided by this Section may approve said changes to a Tentative Map. Other changes shall require the filing and processing of a new Tentative Map. STATE OF CALIFORNIA COUNTY OF LOS ANGZTM 96 CITY OF DIAMOND BAA 1. LYNDA BURGESS, CITY CLERK OF THE CITY OF DIAMOND BAR, DO HEREBY CERTIFY UNDER PENALTY OF PERJURY IINDER THE LAWS OF THE STATE OF CALIFORNIA THE FORGOING TO BE A FULL, TRUE AND CORRECT COPY OF THE ORIGINAL AS SAME APPEARS ON FILE IN MY OFFICE. IN WITNESS WHER%UF, I HAVE HEREUNTO SET MY HAND AND AFFIXED THE SEAL OF THE CITY OF D 1�4 ND BAR, THIS DAY OF ,g-0�7 LYNDA BURGESS, CITY CLERK v .__[tsJJ" �-tom._ 4 DECEMBER 14, 1999 PAGE 2 PLANNING COMMISSION 8. PUBLIC HEARING: 8.1 Development Code Amendment No. 99-1 and Subdivision Ordinance Amendment No. 99-1 (pursuant to Code Section 22.44) is a request to amend the following Articles of the Development Code: Presentation by AssocP/Lungu. Article II Zoning Consistency Matrix, Section 22.6.040, Table 2-2, amend to read as follows: RPD - 20,000, R-1-20,000 and R-1-15,000 - Low Density Residential RL); and PA-21SP - RL. Chair/Tye asked if the intent is to drop RPD -20,000, R-1-20,000 and R-1-15,000 down from the current location of Rural Residential to Low Density Residential RL. AssocP/Lungu responded that RPD -20,000 and R-1-15,000 will drop down to Low Density Residential instead of Rural Residential for consistency with the General Plan. R-1-20,000 zones exist currently. DCM/DeStefano explained that a large portion of the area around South Point Middle School area is zoned R-1-15,000. The area along Longview Drive, Summitridge Drive, some portions of Goldrush Drive and those general areas surrounding the Ralphs Shopping Center is zoned RPD - 20,000. However, those lots are clearly not 20,000 square foot lots. The RPD was a category of zoning that the County permitted which allowed for smaller lot sizes and changes in street configurations in turn for open space being granted to the homeowners association, the City, etc. These two areas have been encumbered with a development code that says you shall use the Rural Residential Development Code standards. And those standards were primarily designed for "The Country Estates" properties that are already at 1/2 or one acre or greater in size. Rural Residential requires greater setbacks. This matrix requires greater development setbacks than what is seemingly achievable within these currently developed areas. Therefore, staff is suggesting that this Zoning Consistency Matrix Table 2-2 be revised which will eliminate the need for variances and other development permits that would seemingly be unnecessary with this proposed change. Residential Zoning District General Development Standards, Section 22.08.240, Table 2-4, modify the rear yard setback from 20 to 25 feet in the RR Zone; modify the rear yard setback from 15 to 20 feet in the RL and RLM Zones; and add Lot Coverage, maximum 30 percent within the RR, RL and RLM Zones. C/McManus asked if the 30 percent is calculated strictly on the buildable pad. AssocP/Lungu responded that the 30 percent is calculated on the entire lot area. Lot coverage would include the main structure and any accessory structures including sheds, guest houses, patio covers, balconies, etc. as well as, access to the site (driveway). DECEMBER 14, 1999 PAGE 3 PLANNING COMMISSION Chair/Tye asked if 30 percent coverage is reasonable in the case of a site that has unusable slope. AssocP/Lungu indicated that buildable pad areas that have been approved in the past seem to be large enough to accommodate larger homes. These houses may have a footprint of 5,000 but may have a total square footage of 10,000 square feet because of a second floor. Allowed Uses and Permit Requirements for Office Zoning Districts, Section 22.10.030, Table 2-5, amend to allow the sale of alcoholic beverages (off site consumption) in conjunction with the sale of motor fuel with a Conditional Use Permit in the OP and CO Zones. C/Ruzicka asked if this amendment would address the problem with respect to the gas station at Pathfinder Road adjacent to Diamond Bar High School. AssocP/Lungu stated that the old code under which the project was processed addressed the issue and allowed the use in the zone with a discretionary use permit. The current code does not address that issue at all. DCM/DeStefano stated that the code addresses the issue in the sense that no alcohol sales for off site consumption are permitted within 150 feet of any school. Therefore, that particular location will not be able to receive a permit for the sale of alcohol unless the Development Code is amended accordingly. The project came before the Planning Commission because of the combination of uses proposed under the old development code. The project was ultimately denied. As a result of the denial, the Planning Commission and the City Council began to consider numerical distances from schools and certain other land uses. Staff conducted a detail study on the matter and ultimately, the Planning Commission recommended that the City Council adopt the 150 feet. Allowed Uses and Permit Requirements for CommerciaUlndustrial Zoning Districts, Section 22.10.030, Table 2-6, amend to allow the sale of alcoholic beverages (off site consumption) in conjunction with the sale of motor fuel with a Conditional Use Permit in the C-1, C-2 and C-3 Zones. Article III Required Setbacks -Accessory Uses and Structures, Section 22.42.110, Table 3-15, amend the three-foot rear and side yard setback to five feet for swimming pools and similar accessory structures. Guest Houses, Section 22.42.060, amend to allow guest houses up to 25 percent of the main residence, not to exceed 1,200 square feet with a Minor Conditional Use Permit; and to amend overall parcel coverage to 30 percent. C/McManus asked if the amendment should say "whichever is the lesser of the two." DECEMBER 14,1999 PAGE 4 PLANNING COMMISSION Chair/Tye agreed that the wording should encompass the City's objective. AssocP/Lungu said she believes the City's objective is to preserve the integrity of a single family residential zone and not be creating another house on a lot. Chair/Tye stated that the way the amendment reads, a home of 22,000 square feet could add a guest home of 5,000 square feet. Therefore, the wording should be changed to reflect the intent. DCM/DeStefano stated that if the Commission feels that a guest house of 2500 square feet for a home of 10,000 is too large, staff can study this matter further to determine what other jurisdictions are doing for the larger estate properties as well as, other large properties in this community. There may be different answers for different zones. The Commission asked staff to consider this matter further in order to restrict the potential size of the structure. Significant Ecological Area, add Section 22.22.160, to discuss development within a Significant Ecological Area AssocP/Lungu suggested that this matter be discussed at the January 11, 2000 meeting. Article IV Review Authority, Section 22.44.020, Table 4-1, amend Planned Sign Program to Comprehensive Sign Program. Article V Restrictions on Nonconforming Structures, Section 22.68.030, amend to allow additions not to exceed 500 square feet if the exterior limits of the new construction do not exceed the applicable height or encroach further into the setbacks than the comparable portions of the existing structure. C/Ruzicka voiced concern that these smaller encroachments could be injurious to the neighbors. AssocP/Lungu stated that if there is a concern about the proposed project, the Hearing Officer can refer the project to the Planning Commission for public hearing. DCM/DeStefano indicated that the Planning Commission may wish to further define staff's guidelines and/or limit its discretion. VC/Nelson asked if a provision exists to notify neighbors prior to the Administrative Review process. AssocP/Lungu explained that if the proposed project is within the parameters of staff's approval, the neighbors are not notified. DECEMBER 14,1999 PAGE 5 PLANNING COMMISSION VC/Nelson suggested the Commission consider requiring public notification for all projects. DCM/DeStefano pointed out that such notification creates opportunities for further confusion and personal vendettas. In addition, the City's legal counsel has found such notification to not be supportable. VC/Nelson said he sees little difference in public notification for the neighbors adjacent to the Evangelical Free Church who may be bothered by light and other conditions, for instance, and for neighbors adjacent to single family residences who may encounter the same conditions. AssocP/Lungu pointed out that the code now contains guideline regarding lighting which the code did not previously contain. Chair/Tye said that as a resident, he would want to know about possible construction of a lighted basketball court or tennis court next door to his property. DCM/DeStefano reiterated that if the Commission would like to include a provision that under certain circumstances, that notice is given or that a hearing be conducted, that can be accomplished. C/Ruzicka said that the current staff has a sense of judgement about these issues. However, in future years, that may not hold true and he believes that there ought to be language within the Development Code that will assist not only current staff, but future staff as to what is appropriate for the situation in order to safeguard the City's neighborhoods. He stated that when residents improve their own family's style of living it is possible to infringe upon neighbors. There ought to be safeguards built into the code to insure that these kinds of things do not occur. He cited examples of projects that have occurred in his neighborhood: 20 houses down from his a neighbor wanted to nearly double the size of his house; 10 doors down on the opposite site of the street a health facility was established and his next door neighbor built an addition onto his house that infringed upon the privacy of his backyard. Staff needs to have questions directed toward the applicant that asks if the applicant has considered how their project will affect their neighbors. C/McManus asked whether verbiage is included that guarantees the peaceful enjoyment of ones home to the extent that neighbors will not impinge upon that enjoyment with view, air, light, and noise pollution. DCM/DeStefano responded that there is language to that effect in different parts of the code. The language may not be specific enough because it winds up being a judgement call on the part of the person reviewing the project. VC/Nelson proposed that staff conduct a defined compatibility analysis. If the project is determined to exceed the threshold, then notification is appropriate. DECEMBER 14,1999 PAGE 6 PLANNING COMMISSION DCM/DeStefano stated that "the threshold" is the part that is missing. In lieu of a defined threshold, the threshold becomes the judgement of the staff which will change from time to time as people change and philosophies change. C/Ruzicka said he believes that as long as the code is being amended, language should be inserted to further assist staff. AssocP/Lungu confirmed that the intent of the proposed amendment is to eliminate the Minor Conditional Use Permit for residential areas under certain circumstances. The amendment may need to be reworded in order to make it clearer. Subdivision Ordinance Amendment No. 99-1 (pursuant to Code Sections 21.02) is a request to amend the following Articles of the Subdivision Ordinance: Article I Applicability, Section 21.01.040, amend to add that all subdivisions within the City shall follow the same process as a Development Code Amendment. Article II Changes to Approved Tentative Map or Conditions, Section 21.20.110, amend the process to allow proposed changes to a Tentative Map or conditions of approval to be reviewed and approved by the City Engineer, except as otherwise provided by this Section. PROPERTY ADDRESS: Citywide APPLICANT: City of Diamond Bar 21660 E. Copley Drive, Suite 190 Diamond Bar, CA 91765 Chair/Tye opened the public hearing. There was no one present who wished to speak on this matter. C/Ruzicka moved, C/McManus seconded, to continue the public hearing for Development Code Amendment No. 99-1 and Subdivision Ordinance Amendment No. 99-1 to January 11, 2000. Motion carried 5-0 by Roll Call vote. Chair/Tye continued the public hearing to January 11, 2000. JANUARY 11, 2000 PAGE 2 PLANNING COMMISSION 7.1 Development Code Amendment No. 99-1 and Subdivision Ordinance Amendment No. 99-1 (Continued from December 14, 1999). Development Code Amendment No. 99-1 (pursuant to Code Section 22.44) is a request to amend the following Articles of the Development Code: Presentation by AssocP/Lungu. Staff recommends that the Planning Commission open the public hearing, receive public comments, discuss the recommended amendments as indicated in staffs report and direct staff to prepare a resolution recommending approval of the amendments to the City Council to be forwarded to the Commission on January 25, 2000. Additionally, staff recommends that the discussion on the Significant Ecological Area be continued to January 25, 2000. Article II Zoning Consistency Matrix, Section 22.6.040, Table 2-2, amend to read as follows: RPD - 20,000, R-1-20,000 and R-1-15,000 - Low Density Residential RL); and PA-21SP - RL. Residential Zoning District General Development Standards, Section 22.08.240, Table 2-4, modify the rear yard setback from 20 to 25 feet in the RR Zone; modify the rear yard setback from 15 to 20 feet in the RL and RLM Zones; and add Lot Coverage, maximum 30 percent within the RR, RL and RLM Zones. Allowed Uses and Permit Requirements for Office Zoning Districts, Section 22.10.030, Table 2-5, amend to allow the sale of alcoholic beverages (off site consumption) in conjunction with the sale of motor fuel with a Conditional Use Permit in the OP and CO Zones. Allowed Uses and Permit Requirements for Commercial/Industrial Zoning Districts, Section 22.10.030, Table 2-6, amend to allow the sale of alcoholic beverages (off site consumption) in conjunction with the sale of motor fuel with a Conditional Use Permit in the C-1, C-2 and C-3 Zones. Article III Required Setbacks -Accessory Uses -and Structures, Section 22.42.110, Table 3-15, amend the three-foot rear and side yard setback to five feet for swimming pools and similar accessory structures. Guest Houses, Section 22.42.060, amend to allow guest houses up to 25 percent of the main residence, not to exceed 1,200 square feet with a Minor Conditional Use Permit; and to amend overall parcel coverage to 30 percent. JANUARY 11, 2000 PAGE 3 PLANNING COMMISSION Significant Ecological Area, add Section 22.22.160, to discuss development within a Significant Ecological Area. AssocP/Lungu suggested that this matter be discussed at the January 25, 2000 meeting. Article IV Review Authority, Section 22.44.020, Table 4-1, amend Planned Sign Program to Comprehensive Sign Program. Article V Restrictions on Nonconforming Structures, Section 22.68.030, amend to allow additions not to exceed 500 square feet if the exterior limits of the new construction do not exceed the applicable height or encroach further into the setbacks than the comparable portions of the existing structure. Subdivision Ordinance Amendment No. 99-1 (pursuant to Code Sections 21.02) is a request to amend the following Articles of the Subdivision Ordinance: Article I Applicability, Section 21.01.040, amend to add that all subdivisions within the City shall follow the same process as a Development Code Amendment. Article II Changes to Approved Tentative Map or Conditions, Section 21.20.110, amend the process to allow proposed changes to a Tentative Map or conditions of approval to be reviewed and approved by the City Engineer, except as otherwise provided by this Section. PROPERTY ADDRESS: Citywide APPLICANT: City of Diamond Bar 21660 E. Copley Drive, Suite 190 Diamond Bar, CA 91765 VC/Nelson suggested that he should recuse himself from the January 25, 2000, discussion of the Significant Ecological Area issue because the firm he works with is conducting an update for Los Angeles County. JANUARY 11, 2000 PAGE 4 PLANNING COMMISSION DCM/DeStefano responded that it is likely that VC/Nelson should recuse himself. He will investigate the matter further and keep VC/Nelson advised. Chair/Tye re -opened the public hearing. There was no one present who wished to speak on this matter. Chair/Tye referred to a letter addressed to the City from Samuel C. Tricoli which cited Article V, Section 22.68.030 and asked that staff explain how these changes will effect Mr. Tricoli's concerns. AssocP/Lungu responded that Mr. Tricoli wants to add 200 square feet to his home. Apparently, Mr. Tricoli has a legal non -conforming issue because his house is not built to the current setback requirements. In order for Mr. Tricoli to proceed with his 200 square foot addition, he needs to go through the public hearing process, notify property owners within a 500 foot radius of his project site, post his site with a 4 x 6 foot board advertising what he intends to do on his site for a minimum of 10 days prior to the hearing and through the 10 calendar day appeal period and provide a $1,000 deposit to the City. Mr. Tricoli is disturbed because he believes that a 200 square foot addition is minimal and he does not understand why the City would require him to go through this process. Chair/Tye said he is not sure that he would disagree with Mr. Tricoli. C/Ruzicka asked if the proposed amendment will solve Mr. Tricoli's concern. AssocP/Lungu indicated that if the Commission recommends approval of this amendment and the City Council adopts this amendment, Mr. Tricoli's problem is solved because it will not be necessary for him to go through the Minor Conditional Use Permit public hearing process time and related costs. C/Ruzicka asked staff to identify the sections in the Development Code that substantiates a negative impact on surrounding uses will be minimized. AssocP/Lungu identified specific sections of the Development Code that would support that concern. C/Ruzicka moved, VC/Nelson seconded, to prepare a resolution recommending approval of the amendments as outlined in staffs report for Development Code Amendment No. 99-1 and Subdivision Ordinance Amendment No. 99-1 to the City Council to be forwarded to the Commission on January 25, 2000 for final approval, and to continue the public hearing on the Significant Ecological Area discussion to January 25, 2000. Motion carried 5-0 by the following Roll Call vote: AYES: COMMISSIONERS: Kuo, McManus, Ruzicka, VC/Nelson, Chair/Tye NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None JANUARY 25, 2000 PAGE 2 PLANNING COMMISSION 7. CONTINUED PUBLIC HEARING: 7.1 Development Code Amendment No. 99-1 and Subdivision Ordinance Amendment No. 99-1 (Continued from January 11, 2000). Development Code Amendment No. 99-1 (pursuant to Code Section 22.44) is a request to amend the following Articles of the Development Code: Zoning Consistency Matrix, Section 22.6 040, Table 2-2, amend to read as follows: RPD - 20,000, R-1-20,000 and R-1-15,000 - Low Density Residential RL); and PA-21SP - RL. Residential Zoning District General Development Standards, Section 22.08.240, Table 2-4, modify the rear yard setback from 20 to 25 feet in the RR Zone; modify the rear yard setback from 15 to 20 feet in the RL and RLM Zones; and add Lot Coverage, maximum 30 percent within the RR, RL and RLM Zones. Allowed Uses and Permit Requirements for Office Zoning Districts, Section 22.10.030, Table 2-5, amend to allow the sale of alcoholic beverages (off site consumption) in conjunction with the sale of motor fuel with a Conditional Use Permit in the OP and CO Zones. Allowed Uses and Permit Requirements for CommerciallIndustrial Zoning Districts, Section 22.10.030, Table 2-6, amend to allow the sale of alcoholic beverages (off site consumption) in cor{junction with the sale of motor fuel with a Conditional Use Permit in the C-1, C-2 and C-3 Zones. Article III Required Setbacks Accessory Uses and Structures, Section 22.42.110, Table 3-15, amend the three-foot rear and side yard setback to five feet for swimming pools and similar accessory structures. Guest Houses, Section 22.42.060, amend to allow guest houses up to 25 percent of the main residence, not to exceed 1,200 square feet with a Minor Conditional Use Permit; and to amend overall parcel coverage to 30 percent. Significant Ecological Area, add Section 22.22.160, to discuss development within a Significant Ecological Area. AssocP/Lungu suggested that this matter be discussed at the January 25, 2000 meeting. JANUARY 25, 2000 PAGE 3 PLANNING COMMISSION Article IV Review Authority, Section 22.44.020, Table ¢I, amend Planned Sign Program to Comprehensive Sign Program. Article V Restrictions on Nonconforming Structures, Section 22.68.030, amend to allow additions not to exceed 500 square feet if the exterior limits of the new construction do not exceed the applicable height or encroach further into the setbacks than the comparable portions of the existing structure. Subdivision Ordinance Amendment No. 99-1 (pursuant to Code Sections 21.02) is a request to amend the following Articles of the Subdivision Ordinance: Article I Applicability, Section 21.01.040, amend to add that all subdivisions within the City shall follow the same process as a Development Code Amendment. Article II Changes to Approved Tentative Map or Conditions, Section 21.20.110, amend the process to allow proposed changes to a Tentative Map or conditions of approval to be reviewed and approved by the City Engineer, except as otherwise provided by this Section. PROPERTY ADDRESS: Citywide APPLICANT: City of Diamond Bar 21660 E. Copley Drive, Suite 190 Diamond Bar, CA 91765 Presentation by AssocP/Lungu. Staff recommends that the Planning Commission approve Resolution No. 2000-2, recommending that the City Council adopt Development Code Amendment No. 99-1, Subdivision Ordinance Amendment No. 99-1, and Negative Declaration No. 99-9, Findings of Fact and conditions of approval as listed within the resolution. Chair/Tye re -opened the public hearing. There being no one present who wished to speak on this matter, Chair/Tye closed the public hearing. JANUARY 25, 2000 PAGE 4 PLANNING COMMISSION C/Ruzicka moved, VC/Nelson seconded, to approve Resolution No. 2000-2 recommending that the City Council adopt Development Code Amendment No. 99-1, Subdivision Ordinance Amendment No. 99-1, and Negative Declaration No. 99-9, Findings of Fact and conditions of approval as listed within the Resolution. Motion carried 4-0 by the following Roll Call vote: AYES: COMMISSIONERS: Kuo, McManus, Ruzicka, VC/Nelson, Chair/Tye NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: McManus Sent Via E -Mail City of Diamond Bar 21660 E. Copley Suite 190 Diamond Bar, California 91765 Planning Department Attention: Ann Lungu Re: Code Section 22.68.030 Restrictions on Non -Conforming Structures January 03, 2000 '00 AN -4 .18 :29 I am taking the time to write this letter to express my displeasure about Code Section 22.68.030 and how it affects my plans to add approximately 200 square feet to my residence at 1527 Strawflower Lane, Diamond Bar. With the addition of a baby girl and the need for some additional living space, my wife and I decided to add on to our home. Anyone that has ever had to go through the add-on process can understand just how important it is to keep a handle on the purse strings. Well, right from the get -go we were faced with a financial obstacle presented to us from the City of Diamond Bar in the form of Code Section 22.68.030. Imagine this... 1) You want to add some living space to your home. 2) Your room addition is well within the designated set -backs. 3) The City Planning Commission requires a variance and more than a thousand dollars because your home (an existing structure) is not within the set -backs of a new code. WHO WROTE THIS CODE? WHAT IN THE HELL WERE THEY THINKING? WHY SHOULD AN EXISTING STRUCTURE THAT WAS A PART OF A PLANNED COMMUNITY AND BUILT MORE THAN 23 YEARS AGO, BE SUBJECT TO A NEW CODE RESTRICTION? (Grandfather Provision/Clause?) When my contractor went to the Diamond Bar Planning Department he was told that my room addition required a variance because the original structure was non -conforming (i.e. did not meet the new set -back requirements dictated under Code Section 22.68.030). He was also told that I had to pay more than a thousand dollars for such variance and that I had to put a four -foot sign in front of my property explaining that I have requested such a variance. GIVE ME A BREAK... WHAT KIND OF A SCAM IS THIS? He couldn't believe it and tried explaining it to me. I couldn'tbelieve it either so I called the Planning Department myself. I figured that there must have been some misunder- Page 2 of 2 standing because no code could be that stupid! Well, to make a long story short, someone didn't think through Code Section 22.68.030 and it desperately needs to be amended. Someone please explain why I must get a variance for a room addition that is well within the current setbacks. Why should a structure built and approved nearly 23 years ago be subject to a new law? If you think that this makes sense, consider having all of the Diamond Bar residents with non -conforming structures make four -foot signs and pay one thousand dollars to the City of Diamond Bar. What a terrific money -making scam this would be for the City of Diamond Bar. Code Section 22.68.030 should be an embarrassment to its author. Please put some sanity into your review process and fix this mistake and do so immediately for the residents of Diamond Bar. Sincerely yours, Samuel C. Tricoli Diamond Bar Resident PLEASE BRING YOUR DEVELOPMENT CODE SUBDIVISION ORDINANCE CITY OF DIAMOND BAR AMENDMENT to NEGATIVE DECLARATION NO. 99-9 for DEVELOPMENT CODE AMENDMENT NO. 99-1 AND SUBDIVISION ORDINANCE NO. 99-1 City of Diamond Bar 21660 E. Copley Drive, Suite 190 DIAMOND BAR, COUNTY OF LOS ANGELES, CA 91765 Environmental Finding Initial Study (Environmental Information and Environmental Checklist) November 1, 1999 CITY OF DIAMOND BAR NEGATIVE DECLARATION 99-1 Project Description and Location CITY OF DIAMOND BAR ENVIRONMENTAL CHECKLIST FORM FOR INITIAL STUDY Pursuant to Guidelines for California Environmental Quality Act § 15063 (f), this form, along with the Environmental Information Form completed by the applicant, meets the requirements for an Initial Study. This form is comprised of five parts: Part 1 Background Part 2 Summary of Environmental Factors Potentially Affected Part 3 Determination Part 4 Evaluation of Environmental Impacts Part 5 Discussion of Environmental Impacts PART 1 -BACKGROUND 1. City Project Number: Development Code Amendment No. 99-1 and Subdivision Ordinance Amendment No. 99-1 2. Project Address/Location: Citywide 3. Date of Environmental Information Form submittal: August 24, 1999 4. Applicant: City of Diamond Bar Address: 21660 E. Copley Drive, Suite 190 City/State/Zip: Diamond Bar, CA 91765 Phone: (909) 396-5676 Fax: 909) 861-3117 5 Property Owner Address: N/A City/State/Zip: Phone: N/A Fax: N/A N/A. Citvwide N/A 6. Lead Agency: City of Diamond Bar Contact: James DeStefano, Deputy City Manager and Ann J. Lungu, Associate Planner 1 Address: 21660E Copley Drive, Suite 190 City/State/Zip: Diamond Bar, CA 91765 Phone: (909) 396-5676 Fax: (909) 861-3117 7. General Plan Designation: Variable 8. Zoning: Variable 9. Description of Project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off-site features necessary for its implementation. Attach additional sheets if necessary). The nroiect involves amending the following Articles of the City's Development Code: Article II• Zoning Districts and Allowable Land Uses Article III: Site Planning and General Development Standards Article IV • Land Use and Development Permit Procedures Article V • Development Code Administration Article VI: Development Code Definitions The project also involves amending the following Articles of the City's Subdivision Ordinance: Article I: Purpose and Applicability of Subdivision Ordinance Article Il: Subdivision Review Procedures 2 The City's Development Code was adopted on November 3, 1998 and became effective on December 3, 1998. The City's Subdivision Ordinance was adopted on February 2, 1999 and became effective on March 2, 1999. The Development Code and Subdivision Ordinance embodies regulations and the procedures and requirements for development applications while implementing the goals, policies, and strategies of the Diamond Bar General Plan. After implementing the Development Code and Subdivision Ordinance for several months, the City is aware that certain areas of both codes require amending to suit the development needs of Diamond Bar. 10. Surrounding Land Uses and Setting: Briefly describe the project's surroundings: The Development Code and Subdivision Ordinance's proposed amendments will apply on a Citv-wide basis. 11. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.): No other public agency approvals are required. 12. List City of Diamond Bar related applications for this project that must be processed simultaneously: No other City of Diamond Bar related applications are required. 13. List prior projects for this parcel: None. PART 2 - SUMMARY OF ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. 1. Land Use and Planning _ 9. Hazards _ 2. Population and Housing _ 10. Noise _ 3. Geologic Problems _ 11. Public Services _ 4. Water _ 12. Utilities & Service Systems _ 5. Air Quality _ 13. Aesthetics _ 6. Transportation/ Circulation _ 14. Cultural Resources _ 7. Biological Resources _ 15. Recreation _ 8. Energy & Mineral 16. Mandatory Findings Resources of Significance _ 4 PART 3 - DETERMINATION Project Number: DCA No. 99-1/SOA No. 99-1 To be completed by Lead Agency On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. X I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the MITIGATION MEASURES described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a significant effect(s) on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impact" OR "potentially significant unless mitigated. " An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. Ann J. Lungu Printed Name 5 November 1, 1999 Date CITY OF DIAMOND BAR NEGATIVE DECLARATION 99-1 Initial Study (Environmental Information and Environmental Checklist) PART 4 - EVALUATION OF ENVIRONMENTAL IMPACTS 1. A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A No Impact answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g. the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards (e.g. the project will not expose sensitive receptors to pollutants, based on a project -specific screening analysis.) 2. All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4. Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an affect from "Potentially Significant Impact" to a "Less than Significant Impact. " The lead agency must described the mitigation measures and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross-referenced). 5. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063 (c)(3)(D). Earlier analyses are discussed in Section SVII at the end of the checklist. 6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impact (e.g. general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 1.1 ENVIRONMENTAL ISSUES 7 Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact 1 LAID USE. ANI�,ePLA1'NNEENG. Would the project -.1, a. Conflict with General Plan designation or zoning? X Source #s: General Plan, Strategies 1.1.1 thru 1.1.10 (I-10); b. Conflict with applicable habitat conservation plan or natural community plan? _ _ _ X Source #s: General Plan, Strategy 1. 2.2 (III -11); C. Be incompatible with existing land uses in the vicinity? X Source #s: General Plan, Strategy 2.2.1 (I-19); d. Disrupt or divide the physical arrangement of an established community (including a low-income X or minority community)? Source #s: General Plan, Strategy 1.2.1 thru 1.2.4 (I-13); 2 POPULATION AND HOUSING. Would the, project: a. Displace substantial numbers of people, necessitating the construction of replacement housing X elsewhere? Source #s: General Plan, Strategies 1.1.4 &1.1.5 (11-26); b. Induce substantial growth in an area _ _ _ X 7 either directly or indirectly (e.g. through projects in an undeveloped area or extension of major infrastructure)? Source #s: General Plan, Strategy 1.1.5 (II -26); C. Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? Source #s: General Plan, Strategy 2.2.1 (II -28); 3. GEOLOGIC . TROBLEMS. Would the potential impacts=involving: a. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of known fault? Source #s: General Plan, Strategies 1.1.2 & 1.1.3 (IV -9); b. Strong seismic ground shaking? Source #s: General Plan, Strategies 1.1.2 & 1.1.3 (IV -9); C. Seismic -related ground failure, including liquefaction? Source #s: General Plan, Strategies 1.1.2 & 1.1.3 (IV -9); d. Landslides? Source #s: General Plan, Strategies 1.2.1 thru 1.2.3 (IV -9 & 10); e. Substantial soil erosion or the loss of top soil? Source #s: General Plan, Strategies 1.1.1 thru 1.1.3 (IV -9); Q X 0 X X X X f. A geologic unit or soil that is unstable, or would become unstable as a result of the project, and potentially result in on -or off-site X landslide, lateral spreading, subsidence, liquefaction or collapse? Source #s: General Plan, Strategies 1.1.1 thru 1.1.3 (IV -9); g. Expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial X risks to life or property? Source #s: General Plan, Strategies 1.1.1 thru 1.1.3 (IV -9); h. Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not X available for the disposal of wastewater? Source #s: General Plan, Strategies 1.1.1 thru 1.1.3 (IV -9); 4. HYDROLOGY AND WATER QUALITY. Would°the project result in: a, Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? _ _ X Source #s: General Plan, Strategy 1.2.1 (IV -9); b. Exposure of people or property to water related hazards such as flooding? _ _ _ X Source #s: General Plan, Strategies 1.2.1 thru 1.2.3 (IV -9 & 10); C. Violate any water quality standards or waste discharge requirements? Source #s: General Plan, Strategies 1.2.1 thru 1.2.3 (IV -9 & 10); 11 X d. Substantially deplete groundwater supplies or interfere substantially with ground water recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table (e.g., the production rate of pre-existing _ _ X nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? Source #s: General Plan, Strategies 1.2.1 thru 1.2.3 (IV -9 & 10); e. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in _ _ _ X substantial erosion or siltation on- or off-site? Source #s: General Plan, Strategies 1.2.1 thru 1.2.3 (IV -9 & 10); f. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or X amount of surface runoff in a manner, which would result in flooding on- or off-site? Source #s: General Plan, Strategies 1.2.1 thru 1.2.3 (IV -9 & 10); g. Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide X substantial additional sources of polluted runoff? Source #s: General Plan, Strategies 1.2.1 thru 1.2.3 (IV -9 & 10); 10 h. Otherwise substantially degrade water quality? Source #s: General Plan, Strategies 1.2.1 thru 1.2.3 (IV -9 & 10); X i. Substantial reduction in the amount of groundwater otherwise available for public water supplies? X Source #s: General Plan, Strategies — — — — 1.2.1 thru 1.2.3 (IV -9 & 10); j. Place housing within a 100 -year flood hazard area as mapped on the Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map or place within a 100 -year flood hazard — — — X area structures, which would impede or redirect flood flows? Source #s: General Plan, Strategies 1.2.1 thru 1.2.3 (IV -9 & 10); b. Expose sensitive receptors to pollutants? X Source #s: General Plan, Strategies — — 1.9.1 thru 1.9.5 (IV -12); C. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non -attainment _ — _ x under an applicable federal or state ambient air quality standard (including releasing emissions, 11 which exceed quantitative thresholds for ozone precursors)? Source #s: General Plan, 1.9.2 & 1.9.3 (IV -12) d. Create objectionable odors? Source #s: General Plan, 1.9.2 & _ _ X 1.9.3 (IV -12); e. Violate any air quality standards or contribute substantially to an existing or projected air quality violation? _ _ _ X Source #s: General Plan, 1.9.2 & 1.9.3 (IV -12); 6. TRANPORTA:TION/MCULATION, Wouldbe,prgj et r ulf ui: a. An increase in vehicle trips which is substantial in relation to the existing traffic load and capacity of the street system (i.e. result in substantial increase in either the number of vehicle trips, the volume to capacity _ _ x ratio on roads, or congestion at intersections) Source #s: General Plan, Strategies 1.9.4 (IV -12), 1.1.4 (V-22) & 3.2.1 (V-27); b. Substantially increase hazards due to design feature (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm _ _ _ X equipment)? Source #s: General Plan, Strategies 1.2.3, 1.3.1 & 1.3.3 (V-24); C. Inadequate emergency access? Source #s: General Plan, Strategies _ _ _ X 1.2.3 & 1.3.3 (V-24); 12 d. Inadequate parking capacity on-site? Source #s: General Plan, Strategies X 2.11, 2.1.5 & 2.1.8 (V-25), & 4. 1.1 thru 4.2.4 (V-27); e. Exceeding, either individually or cumulatively, a level of service standard established by the county congestion management agency for X designated roads and highways? Source #s: General Plan, Strategies 1.2.3 (V-24), 2.1.8 & 22.1 (V-25), 3.1.6 (V-26 ) & 3.2.1 (V-27); f. Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g. bus turnouts, bicycle racks)? _ _ _ X Source #s: General Plan, Strategies 1.2.3 (V-24), 2.1.8 & 22.1 (V-25, 3.1.6 (V-26 ) & 3.2.1 (V-27); g. Change in rail, water, or air traffic patterns, including either and increase in traffic levels or a change in location that results in substantial _ _ _ X safety risk? Source #s: General Plan, Strategies 2.1.4 & 2.1.9 (V-25); 7. BIOLOGICAL, RESOURCES. Would the project result in: a. Substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or X regional plan, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Services? Source #s: General Plan, Strategies 13 1.1.11, 1.1.12,&1.2.5(III-11& 12); b. Substantial adverse effect on and riparian habitat, federally protected wetlands as defined by Section 404 Clean Water Act, or other sensitive natural community identified in local or regional plans, policies, regulations or by the California — Department of Fish and Game or U.S. Fish and Wildlife Services? Source #s: General Plan, Strategies 1.1.11, 1.1.12, & 1. 2.5 (III -11 & 12); C. A conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? — Source #s: General Plan, Strategies 1.1.11, 1.1.12,&1.2.5(III-11& 12); d. Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat — — — conservation plan? Source #s: General Plan, Strategies 1.2.1 & 1.2.2 (III -11&12) & 1.2.5 (III -12); e. Substantial interference with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife — nursery sites? Source #s: General Plan, Strategies 1.1.13 (III -11), 1.2.1, 1.2.2, 1.2.3, &1.2.5(III-11&12); 14 x f. Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh vernal pool, coastal, etc.) through direct _ _ _ X removal, filling, hydrology, interruption, or other means? Source #s: General Plan, Strategies 1.1.13 (I11-11), 1.2.1, 1.2.2, 1.2.3, &1.2.5(III-11&12); 8. ENERGY A RAL R SOMCM. Woul therprajecv a. Conflict with adopted energy conservation plans? Source #s: General Plan, Strategies X 2.2.1. thru 2.2.10 (II1-15), 2.3.2 & 2.3.2, & 2.4.1 thru 2.4.4 (III -16 & 17); b. Result in the loss of availability of locally important mineral resources recovery site delineation on a local general plan, specific plan or other land use plan? Source #s: General Plan, Strategies - None. Issue Analysis Number 8 _ _ X (Mineral Resources) states as follows: "There are no significant, concentrated mineral resources in Diamond Bar, with the possible exception of oil and hydrocarbons". (III -9); C. Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? X Source #s: General Plan, Strategies - None. Issue Analysis Number 8 (Mineral Resources) states as follows: "There are no significant, 15 concentrated mineral resources in Diamond Bar, with the possible exception of oil and hydrocarbons" . (III -9); 9 HAZARDS AND HAZARDOUS MATERIALS. Would the project: a. Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials; or create a significant hazard to the public or the environment through reasonable foreseeable upset and _ X accident conditions involving the — — release of hazardous materials into the environment? Source #s: General Plan, Strategies 2.1.2 (I-19), 2.5.2 & 2.5.10 (III -17 & 18), 1.8.1 & 1.8.2 (IV -12), & 2.3.3 (VI -7); b. Impair the implementation of or physically interfere with an adopted emergency response plan or X emergency evacuation plan? Source #s: General Plan, Strategies 1.6.1 thru 1. 8.2 (IV -11 &12); c. Emit hazardous emissions or handle hazardous or actively hazardous materials, substances, or waste within one-quarter mile of an X existing or proposed school? — — — Source #s: General Plan, Strategies f.8.1 & 1. 8.2 (IV -12) & 2.3.3 (VI - 7); d. Be located on a site which is included on a list of hazardous materials sites compiled pursuant to — — — X Government Code Section 65962.5 and, as a result, would it create a 16 significant hazard to the public or the environment? Source #s: General Plan, Strategies 1.8.1 & 1. 8.2 (IV -12) & 2.3.3 (IV -7); e. Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where X residences are intermixed with wildlands? Source #s: General Plan, Strategies 1.4.1 & 3.3.5 (I-14 & 21), 1.1.7 (III -10), & 1.3.1 thru 1.4.2 (IV -10); f. Create a significant hazard to the public or the environment through reasonable foreseeable upset and accident conditions involving the release of hazardous materials into X the environment? Source #s: General Plan, Strategies 2.1.2 (I-19), 2.5.2 & 2.5. 10 (III -17 & 18), 1.6.1 thru (IV -11 & 12), & 2.3.3 (VI -7); g. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? — — __– X Source #s: General Plan, Strategies - None. Issue Analysis Number 5 (Aviation) states as follows: "There are no aviation facilities located within the City of Diamond Bar. Passenger air carrier and air cargo facilities are located at Ontario 17 International Airport located 15 miles to the east. The closest general aviation airports are Brackett field in La Verne, approximately 9 miles to the north; and Chino Airport in Chino, approximately 11 miles to the east" (V-17); h. For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? Source #s: General Plan, Strategies - None. Issue Analysis Number 5 (Aviation) states as follows: "There are no aviation facilities located within the City of Diamond Bar. Passenger air carrier and air cargo _ _ _ x facilities are located at Ontario International Airport located 15 miles to the east. The closest general aviation airports are Brackett field in La Verne, approximately 9 miles to the north; and Chino Airport in Chino, approximately 11 miles to the east". (V-17); 10. NOISE. Would the project result in: a. Exposure of persons to or gener- ation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other X agencies; or exposure of persons to or generation of excessive ground - borne vibration or groundborne noise levels? 18 Source #s: General Plan, Strategies 1.10.1 thru 1.10.12 (IV -13 &14); b. A substantial permanent increase or temporary or periodic in ambient noise levels in the project vicinity above levels existing without the _ _ — X project; Source #s: General Plan, Strategies 1.10.1 thru 1.10.12 (IV -13 &14); C. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would project expose people residing or working in the project area to excessive noise levels? Source #s: General Plan, Strategies - None. Issue Analysis Number 5 (Aviation) states as follows: There are no aviation facilities located _ _ X within the City of Diamond Bar. Passenger air carrier and air cargo facilities are located at Ontario International Airport located 15 miles to the east. The closest general aviation airports are Brackett Field in La Verne, approximately 9 miles to the north; and Chino Airport in the City of Chino, approximately 11 miles to the east". (V-17); d. For a project within the vicinity of a private airstrip, would the project exposed people residing or working in the project area to excessive noise X levels? Source #s: General Plan, Strategies - None. Issue Analysis Number 5 (Aviation) states as follows: There 19 are no aviation facilities located within the City of Diamond Bar. Passenger air carrier and air cargo facilities are located at Ontario International Airport located 15 miles to the east. The closest general aviation airports are Brackett Field in La Verne, approximately 9 miles to the north, and Chino Airport in the City of Chino, approximately 11 miles to the east". (V-17); 1. PUBLIC SERVICES. W-ild the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, --the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: a. Fire Protection? Source #s: General Plan, Strategies _ X 1.3.1 thru 1. 4.2 {IV -10), b. Police Protection? Source #s: General Plan, Strategies _ X 1.5.2 & 1.5.2 (IV -11); C. Schools? Source #s: General Plan, Strategies _ _ X 1.3.1 thru 1.3.4 (VI -5) d. Maintenance of public facilities, including roads? Source #s: General Plan, Strategies X 2.3.1 &2.3.2(I-19),1.1.5&1.1.6 (V-23), 3.1.4 (V-26), & 2.2.1 (VI - 7); e. Other governmental services`' Source #s: General Plan, Strategies X 2.3.1 (I-19), 1.1.1 (VI -4), 1.2.1, — 0 1.2.2, 1.3.3, 1.4.1 & 1.4.3 (VI -5), & 2.2.1 thru 2.3.3 (VI -7); 12. UMMES, SERVIC SYSTEMS. Woulti:the project: a. Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? _ _ _ X Source #s: General Plan, Strategies 1.1.1 thru 1.1.5 (VI -4), 1.2.1 (VI - 5), & 2.2.1 (VI -7); b. Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected X demand in addition to the provider's — — — existing commitments? Source #s: General Plan, Strategies 1.1.1 thru 1.1.5 (VI -4), 1.2.1 (VI - 5), & 2.2.1 (VI -7); C. Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant — — X environmental effects? Source #s: General Plan, Strategies 1.1.1 thru 1.1.5 (VI -4), 1.2.1 (VI - 5), & 2.2.1 (VI -7); d. Comply with federal, state, and local statutes and regulations related to solid waste? Source #s: General Plan, Strategies x — 1.1.1 thru 1.1.6 (VI -4), 1.2.1 (VI -5) and 2.2.1 (VI -7); e. Require or result in the construction X of new storm water drains e 21 facilities or expansion of existing facilities, the construction of which could cause significant environ- mental effects? Source #s: General Plan, Strategies 1.2.2 (IV -10), 1.1.1 thru 1.1.5 (VI - 4), 1.2.1 (VI -5), & 2.2.1 (VI -7); f. Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? X Source #s: General Plan, Strategies 2.5.1 thru 2.5.10 (III -17), 1.1.1 thru 1.1.5 (VI -4), 1.2.1 (VI -5), & 2.2.1 (VI -7); g. Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? _ _ X Source #s: General Plan, Strategies 1.1.1 thru 1.1.5 (VI -4), 1.2.1 (VI - 5), & 2.2.1 (VI -7); 13. AESTHETICS.' Would the project: a. Have a substantial adverse affect on a scenic vista or damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state _ _ _ X scenic highway? Source #s: General Plan, Strategies 1. 1.6 ( I-12), 1.2.3 (I-13), 2.6.2 (III -18), & 1.1.9 (V-24); b. Substantially degrade the existing visual character or quality of the site and its surroundings? _ _ — X 22 Source #s: General Plan, Strategies 1.2.3 (I-13), 3.1.2 (I-20), & 1.1.9 (V-24); C. Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area? — — x Source #s: General Plan, Strategies 3.2.3 (I-20), 1.2.2 (III -11), & 2.2.2 (III -5); 14. C, MITYRAL-RESGURCES. Would ;the, project; a. Directly or indirectly destroy a unique paleontological resource or X site or unique geologic features? — — — Source #s: Note l; b. Cause a substantial adverse change in the significance of an archaeological resource pursuant to — — — X § 15064.5 Source #s: Note l; C. Cause a substantial adverse change in the significance of historical X resources as defined in §15064.5? — Source #s: Note 1; d. Disturb any human remains, including those interred outside of formal cemeteries? Source #s: Note 1; Note 1: This category, entitled " 14. Cultural resources", as well as its — — — X five individual categories (a. thru e.) are not specifically addressed in the 1995 General Plan. Therefore, Strategies 1.5.6 (I-16), 1.6.4 & 2.1.1 (I-18), 3.3.4 (I-21), & 1.1.6 (III -10) serve to provide a general 23 framework with which to ensure that new or modified development proposals, or the installation/ extension of public or private services, would not endanger, or have an adverse impact on any of the resources identified above. 15. RECREATION. Would,the project: a. Increase the demand use of existing neighborhood and regional parks or other recreational facilities such that substantial deterioration of the facility would occur or be _ _ _ X accelerated? Source #s: General Plan, Strategies 3.2.1 (I-20) & 1.3.1 thru 1.3.8 (III - 12 & 13); b. Include recreational facilities or require the construction or expansion of.recreational facilities, which might have an adverse physical effect on the environment? _ _ _ X Source #s: General Plan, Strategies 3.2.1 (1-20) & 1.3.1 thru 1.3.8 (III - 12 & 13); 16. AGRICULTURAL RESOURCES: Would the project: a. Convert prime farmland, unique farmland, or farmland of statewide importance, as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? — — — Source #s: General Plan, Strategies - None. Issue Analysis Number 7 (Agriculture) states as follows:" The City of Diamond Sar presently has no important agricultural farmlands L 'f M according to the California Department of Conservation, Division of Land Resources Protection, and the Soil Conservation Service of the U.S. Department of Agriculture". (III -7); b. Conflict with existing zoning for agricultural uses, or the William Act contract? Source #s: General Plan, Strategies - None. Issue Analysis Number 7 (Agriculture) states as follows:" The City of Diamond Bar presently has X no important agricultural farmlands according to the California Department of Conservation, Division of Land Resources Protection, and the Soil Conservation Service of the U.S. Department of Agriculture". (III -7); C. Involve other changes in the existing environment which, due to their location or nature, could result in conversion of farmland, to non- agricultural use? Source #s: General Plan, Strategies - None. Issue Analysis Number 7 (Agriculture) states as follows:" The X City of Diamond Bar presently has no important agricultural farmlands according to the California Department of Conservation, Division of Land Resources Protection, and the Soil Conservation Service of the U.S. Department of Agriculture". (III -7); 117. MANDATOR'Y'FMINGS OF'SIGNIFICA CE a. Does the project have the potential X to degrade the quality of the PA61 environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or pre -history? b. Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? C. Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the affects of probable future projects) ►M X d. Does the project have environmental effects, which will cause substantial X adverse effects on human beings, either directly or indirectly? NRI 18. EARLIER ANALYSES Earlier analyses may be used here, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analyses. C) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated. " describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 27 CITY OF DIAMOND BAR NEGATIVE DECLARATION 99-1 Environmental Finding PART 5 - DISCUSSION OF ENVIRONMENTAL IMPACTS Discussions within each section may be grouped. No discussion is required since there are no apparent adverse impacts that would result from the implementation of the proposed project (revisions to the Development Code and Subdivision Ordinance as evidenced by the answers to the questions specified in Part 4 (Evaluation of Environmental Impacts) beginning on page 8 of this Environmental Checklist, above. 1. LAND USE AND PLANNING a. b. C. d. 2. POPULATION AND HOUSING a. b. C. 3. GEOLOGICAL PROBLEMS a. b. C. d. e. f. 9. h. 4. HYDROLOGY AND WATER QUALLITY a. b. C. d. e. f. 9. h. i. 28 5. AIR QUALITY a. b. C. d. e. 6. TRANSPORTATION/CIRCULATION a. b. C. d. e. f. 9. 7. BIOLOGICAL RESOURCES a. b. C. d. e. f. 8. ENERGY a. b. C. 9. HAZARDS AND HAZARDOUS MATERIALS a. b. C. d. e. f. 9. h. 29 10. NOISE a. b. C. d. 11. PUBLIC SERVICES a. b. C. d. e. 12. UTILITIES AND SERVICE SYSTEMS a. b. C. d. e. f. 9. 13. AESTHETICS a. b. C. 14. CULTURAL RESOURCES a. b. C. d. 15. RECREATION a. b. 16 AGRICULTURAL RESOURCES a. b. C. 30 17. MANDATORY FINDINGS OF SIGNIFICANCE a. b. C. d. 31 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN BY THE CITY OF DIAMOND BAR that the City Council will conduct a public hearing on the following items to determine whether or not the subject Development Code/Subdivision Amendments shall be approved under the provisions of State law and the City of Diamond Bar's Development Code: Development Code Amendment No. 99-1 (pursuant to Code Section 22.44) is a request to amend the following Articles of the Development Code: Artir-la TT • Zoning Consistency Matrix, Section 22.06.040, Table 2-2 amend to read as follows: RPD -20,000, R-1-20,000 and R-1-15,000 - Low Density Residential RL); and PA-2/SP - RL. • Residential Zoning District General Development Standards, Section 22.08.240, Table 2-4 modify the rear yard setback from 20 to 25 feet in the RR Zone; modify the rear yard setback from 15 to 20 feet in the RL and RLM Zones; and add Lot Coverage, maximum 30 percent within the RR, RL and RLM Zones. • Allowed Uses and Permit Requirements for Office Zoning Districts, Section 22.10.030, Table 2-5 amend to allow the sale of alcoholic beverages (off site consumption) in conjunction with the sale of motor fuel with a Conditional Use Permit in the OP and CO Zones. • Allowed Uses and Permit Requirements for Commercial/Industrial Zoning Districts, Section 22.10.030, Table 2-6 amend to allow the sale of alcoholic beverages (off site consumption) in conjunction with the sale of motor fuel with a Conditional Use Permit in the C-1, C-2 and C-3 Zones. Article III • Required Setbacks -Accessory Uses, and Structures, Section 22.42.110, Table 3-15 amend the three foot rear and side yard setback to five feet for swimming pools and similar accessory structures. • Guest Houses, Section 22.42.060 amend to allow guest houses up to 25 percent of the main residence, not to exceed 1,200 square feet with a Minor Conditional Use Permit; and to amend overall parcel coverage to 30 percent. • Significant Ecological Area, add Section 22.22.160 to discuss development within a Significant Ecological Area. z,rtir•la TV • Review Authority, Section 22.44.020, Table 4-1 amend Planned Sign Program to Comprehensive Sign Program. hrti rrl a V • Restrictions on Nonconforming Structures, Section 22.68.030 amend to allow additions not exceeding 500 square feet if the exterior limits of the new construction do not exceed the applicable height or encroach further into the setbacks than the comparable portions of the existing structure. • Administrative Responsibility, add Section 22.64.070 to discuss administrative responsibilities of the Significant Ecological Area Technical Advisory Committee. Tr�inlo VT • Definitions, Section 22.80.020, add Significant Ecological Area Technical Advisory Committee. Subdivision Ordinance Amendment No. 99-1 is a request to amend the following Articles of the Subdivision Ordinance: Article I • Applicability, Section 21.01.040 amend to add that all subdivisions within the City shall follow the same process as a Development Code Amendment. A -r; r+l c TT • Changes to Approved Tentative Map or Conditions, Section 21.20.110 amend the process to allow proposed changes to a Tentative Map or conditions of approval to be reviewed and approved by the City Engineer, except as otherwise provided by this Section. The Planning Commission reviewed the listed Development Code and Subdivision Ordinance Amendments. On January 25, 2000, the Planning Commission recommended approval of said amendment to the City Council. PROJECT ADDRESS: Citywide APPLICANT: City of Diamond Bar, 21660 E. Copley Drive, Suite 190, Diamond Bar, CA 91765 Environmental Determination: Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15070, the Cit,.r has determined that a Negative Declaration is required for this project. Negative Declaration No. 99-9 has been prepared. The Negate -.re Declaration's review period began November 23, 1999 and ended December 12, 1999. If you are unable to attend the public hearing, but wish to send written comments, please write to the Diamond Bar Community and Development Services Department/Planning Division at the address given below. You may also obtain additional information concerning this case by phoning (909) 396-5676. If you challenge this application and project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. TIME OF HEARING: 6 : 3 0 p . m. (or as soon thereafter that the matter can be heard) DATE OF PUBLIC HEARING: Tuesday, March 7, 2000 LOCATION: South Coast Air Quality Management District Auditorium 21865 E. Copley Drive Diamond Bar, California 91765 CASE MATERIALS: Are available for review between 8:00 a.m. and 3:00 p.m. at the City of Diamond Bar Community and Development Services Department/ Planning Division, 21660 Copley Drive, Suite 190, Diamond Bar, CA 91765. CITY OF DIAMOND BAR NOTICE OF PUBLIC MEETING AND AFFIDAVIT OF POSTING STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF DIAMOND BAR I, John Ilasin, declare as follows: I am employed by the City of Diamond Bar in the Community and Development Services Department. On February 14, 2000, I personally posted a copy of the Notice of Public Hearing regarding Development Code Amendment No. 99-1, Subdivision Ordinance Amendment No. 99-1, attached hereto, at the following locations: Diamond Bar City Hall, 21660 E. Copley Drive South Coast Air Quality Management District, 21865 E. Copley Drive Diamond Bar Library, Grand Avenue Country Hills Town Center Community Board, Diamond Bar Boulevard Vons/Savons Community Board, Diamond Bar Boulevard The Country Estates Clubhouse Bulletin Board I declare under penalty of perjury that the foregoing is true and correct. Executed on February 14, 2000, at Diamond Bar, California. n sin Community and Development Services Dept. D:Ms%affidavitpnsfing.doc AGENDA NO. 8.1 NO DOCUMENTATION AVAILABLE CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. 9.1 TO: Honorable Mayor and Members of the City Council MEETING DATE: March 7, 2000 REPORT DATE: February 29, 2000 FROM: Terrence L. Belanger, City Manager TITLE: CONSIDERATION OF RESOLUTION NO. 2000 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, DECLARING ITS INTENTION TO VACATE A PORTION OF HIGHCREST DRIVE IN THE CITY OF DIAMOND BAR. SUMMARY: The City has received a request from the Highcrest Homeowners Alliance to vacate the portion of Highcrest Drive located southerly of Gold Rush Drive. This matter asks the City Council to consider the vacation request, to initiate the vacation proceedings in accordance with the Streets and Highways Code, and to set a public hearing for April 18, 2000. RECOMMENDATION: It is recommended that the City Council of the City of Diamond Bar approve Resolution No. 2000 -XX "A Resolution of the City Council of the City of Diamond Bar, California, declaring its intention to vacate a portion of Highcrest Drive in the City of Diamond Bar." LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification X Resolution(s) _ Bid Specification Ordinances Other EXTERNAL DISTRIBUTION: Highcrest Homeowners Alliance SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? 2. Does the report require a majority vote? 3. Has environmental impact been assessed? 4. Has the report been reviewed by a Commission? 5. Are other departments affected by the report? REVIEWED BY: qumqrk Terrence L. Belan r City Manager ames DeStefano Deputy City Manager X Yes _ No X Yes _ No N/A _ Yes _ No _ Yes X No X Yes No CITY COUNCIL REPORT Agenda No. MEETING DATE: March 7, 2000 TO: Honorable Mayor and Members of the City Council FROM: Terence L. Belanger, City Manager SUBJECT: CONSIDERATION OF RESOLUTION NO. 2000 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, DECLARING ITS INTENTION TO VACATE A PORTION OF HIGHCREST DRIVE IN THE CITY OF DIAMOND BAR. ISSUE STATEMENT Shall the City Council approve the initiation of vacation proceedings for a portion of Highcrest Drive located southerly of Gold Rush Drive? FINANCIAL SUMMARY Approval of the Resolution of Intention has no impact upon the City budget. The applicant shall remunerate costs associated with the processing of the vacation request. BACKGROUND A vacation proceeding is undertaken in accordance with Division 9, Part 3 (Public Streets, Highways, and Service Easements Vacation Law, of the State Streets and Highways Code.) The Code prescribes the procedure and requirements for vacating streets. Section 8309 of the Streets and Highways Code defines a "vacation" as ". . . the complete or partial abandonment of termination of the public right to use a street, highway, or public service easement." The City has received a request from the Highcrest Homeowners Alliance to vacate the portion of Highcrest Drive located southerly of Gold Rush Drive. This matter asks the City Council to consider the vacation request, to initiate the vacation proceedings in accordance with the Streets and Highways Code, and to set a public hearing for April 18, 2000. DISCUSSION The property in interest was dedicated to the public for use as a street with the recordation of Tract No. 31941. There exists public sewer, storm drain and utilities within the fully improved street. The portion Highcrest Drive proposed to be vacated is approximately 1,100 feet in length. The adoption of a resolution of intention does not result in the vacation of Highcrest Drive. The Resolution, if adopted, establishes the intent of the City Council to cause further study by staff, coordination with utility companies, Planning Commission review of the vacation request for conformity with the General Plan (Government Code Section 65402), and notification of the City Council public hearing. Upon the receipt of testimony at the public hearing, the City Council may approve the vacation request subject to certain findings and necessary conditions to be satisfied prior to recordation of the action. The Resolution of Vacation may provide for the reservation and exception of easements for sewers, storm drains, water lines, and utilities such as electricity, gas, cable TV, and telephone. The Highcrest Homeowners Alliance petition describes a proposal to relocate the previously approved gate for the Pulte Home Corporation project, a private gated community, (Tract No. 52267) from the southerly terminus of Highcrest Drive to location near Gold Rush Drive. The potential for relocation of the Pulte gate should be an important component of the street vacation analysis, although, if applied for, it would require a separate approval process. The City has previously approved an access gate from the private Pulte residential development to Highcrest Drive, presently a public street. Should the vacation of Highcrest Drive be approved, access for the future Pulte residents to a public street, through the southerly terminus of Highcrest Drive or through a gate relocated to an area near the intersection of Highcrest Drive at Gold Rush Drive must be assured. Diamond Bar has several single family and multi -family residential projects developed with private street access. These neighborhoods are located within the Country Estates and at several other locations within the City. The private communities may or may not have incorporated access through gates. Four separate homeowners associations reside within the Country Estates and utilize the two access points to the residential community. None of the private developments in the City require passage through multiple gates to access dwelling units. Consideration of a gate on Highcrest Drive in the area of Gold Rush Drive should be carefully examined. There must be confidence through the design and City review process that the gate area is properly designed for pedestrian and vehicle access, gate setbacks, vehicle queuing, vehicular turnaround area, emergency services access, key system, and adherence to Fire and Sheriff Department standards. Highcrest Drive serves a well-defined neighborhood. The street currently provides the point of ingress and egress for the twenty (20) families residing on the cul-de-sac. The proposal has the support of the property owners. There are no current or planned bicycle, pedestrian, or equestrian facilities on the street. The publicly owned open space (360 acres) acquired as a result of the Pulte project is not accessible from Highcrest Drive, therefore, vacation of the street 2 would not inhibit access to any public open space. The vacation would not appear to require the relocation of any utilities. CONCLUSION The requested street vacation is submitted to the City Council for consideration. The City Council is not compelled to act either to approve or deny the request. The action of the City Council does not approve the vacation request. Approval of the resolution of intention sets the matter for a future public hearing where evidence and testimony is provided. Upon conclusion of the public hearing, the City Council may approve, with conditions, and continue for further study or deny the request. RECOMMENDATION It is recommended that the City Council of the City of Diamond Bar approve Resolution No. 2000 -XX "A Resolution of the City Council of the City of Diamond Bar, California, Declaring its Intention to Vacate a Portion of Highcrest Drive in the City of Diamond Bar." Prepared by: James DeStefano Deputy City Manager Attachments: A: Draft Resolution No. 2000 -XX and Map of proposed area to be vacated B: Letter and Petition from the Highcrest Homeowners Alliance C: Letter to Highcrest Drive residents RESOLUTION NO. 2000 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, DECLARING ITS INTENTION TO VACATE A PORTION OF HIGHCREST DRIVE IN THE CITY OF DIAMOND BAR. A. RECITALS (i) WHEREAS, the vacation of a portion of Highcrest Drive in the vicinity of the cul-de-sac of Highcrest Drive southerly of Gold Rush Drive is requested for the purpose of development of a private street in the vicinity of the cul-de-sac, and; (ii) WHEREAS, the City has received the request of interested person or persons to vacate a portion of Highcrest Drive, and; (iii) WHEREAS, it is appropriate, therefor, to now consider the vacation of a portion of Highcrest Drive, the location and extent of which is generally shown as the "Area to be Vacated" on Exhibit "A", attached. THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES HEREBY RESOLVE AND ORDER AS FOLLOWS: B. RESOLUTION Section 1 That the public interest, convenience and necessity so requiring, it is the intention of the City Council of the City of Diamond Bar to vacate a portion of Highcrest Drive southerly of Gold Rush Drive, the general location and extent of which is shown in Exhibit "A" attached hereto and made a part hereof. Section 2 That the City Council of the City of Diamond Bar hereby initiates this proceeding to vacate a portion of Highcrest Drive at the request of interested person or persons and elects to proceed with said vacation pursuant to the provisions of Chapter 3, General Vacation Procedure of Part 3 of Division 9 of the Streets and Highways Code of the State of California. Section 3 That the Planning Commission review the proposed vacation for conformance with the Diamond Bar General Plan as required by Section 65402 of the Government Code of the State of California. Section 4 That on the 18th day of April, 2000, at 6:30 p.m., in the South Coast Air Quality Management District Auditorium at 21865 East Copley Drive in the City of Diamond Bar, California, 91765, is hereby fixed as the time and place at which a public hearing will be held before the City Council at which time all persons interested in the proposed vacation may appear and be heard. Section 5 That the City Engineer is authorized and directed to post notices of said vacation conspicuously along the line of said street to be vacated at least two (2) weeks before the date of said hearing. Such notices shall be prepared and posted pursuant to Section 8323 of the Streets and Highways Code of the State of California. Section 6 That the City Clerk shall publish or post this resolution of intention in the manner prescribed for the publication and posting of resolutions of the City Council of the City of Diamond Bar as such publication or posting is required pursuant to Section 8322 (c) of the Streets and Highways Code of the State of California. Section 7 That the City Clerk shall give notice of the date, hour and place of the public hearing on the resolution of intention, as herein above fixed, by publication for at least two (2) successive weeks prior to the hearing in a weekly newspaper published and circulated in the City of Diamond Bar. Such notices shall be prepared and published pursuant to Section 8322 (a) of the Streets and Highways of the State of California. Section 8 That the City Clerk shall, within 10 days of the adoption of this resolution of intention, give written notice to those public bodies or public utilities which are contained on the City of Diamond Bar's index of requests for notice of vacation proceedings. Such notices shall be given pursuant to Sections 8346 and 8347 of the Streets and Highways Code of the State of California. IM PASSED, APPROVED AND ADOPTED THIS 7th DAY OF MARCH, 2000. Mayor, City of Diamond Bar I, Lynda Burgess, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved, and adopted at a regular meeting of the City Council of the City of Diamond Bar, held on the 7th day of March. 2000, by the following roll call vote: ATTEST: AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS ABSTAIN: COUNCIL MEMBERS City Clerk, City of Diamond Bar 2 i O f <n s_ e d ss no N i O ^ O NP 00 N G i 0 co L 10 l _ eNS '£00-Ll0-LOL9 - L6-9661 'VO 'SaIa6Uy Sod m HIGHCREST HOMEOWNERS ALMANCE 24008 Mghcrest Drive c Diamond Bar, CA 91765 November 8, 1999 City of Diamond Bar ' C/O Mr. Jim Distefano 21660 Copley Drive Diamond Bar, CA 91765 RE: Petition to Vacate Highcrest Drive Dear Mr. DiStefano: Attached please find a petition signed by 100% of the residents whose homes are located on the portion of Highcrest Drive positioned above the juncture of Goldrush and extending to the end of the cul -d -sac requesting the approval of the City of Diamond Bar to vacate this portion of Highcrest Drive. This section of Mgbc= Drive abuts the proposed SunCal development project. The vacating of this portion of Higberest Drive is necessary in order to allow the repositioning of the secondary exit gate prnpoa 4 by SunCal to the end of Highcrest Drive at the Goldrush juncture, as agreed to by SunCal. The homeowners represented on this petition are extremely concerned with the negative impact the SunCal development will have on their property values, as well as the safety of their families, both during and after the construction phases of this massive development. In an ei%rt to mitigate the negative impact on our street, the homeowners are hereby petitioning the City of Diamond Bar to approve the privatization of our street. Since this portion of Highcrest ends at a cuW-sac, approval of this request would not in any way hamper or restrict public traffic, and the positiomag of the secondary gate would significantly reduce unwarranted and excess traffic on this portion of I Trgherest Drive. The residents of this portion of Kigherest Drive understand and accept that street and light maintenance would become their responsibility. Representatives of this portion of Mghcrest Drive have met with SunCal on two occasions and with a representative of the proposed developer, Poulte. SunCal has provided Poulte with preliminary plans drawn by SunCal illustrating the Positioning of the secondary exit gate at the juncture of Nighcrest and Goldrush. SunCal, Pointe and the Higbc rest residents have agreed that the secondary gate is to be restricted to egress, or emergency exit, only. We would appreciate approval of our request as expeditiously as possible. It is our understanding that there is precedence already established regarding the vacating of City streets, and that this request would not establish any new precedence. Thank you for your prompt consideration. Sincerely, Highcrest Homeowners Alliance The following residences hereby request the City to vacate a portion of Highcrest Drive in Diamond Bar. 24008 Highcrest Drive --, ,.,- rte• --� Diamond Bar, CA 24011 Highcrest Drive Diamond Bar, CA 24022 Highcrest Drive --G r, Diamond Bar, CA 24033 Highcrest Drive Diamond Bar, CA 24032 Highcrest Drive n ++ _ Diamond Bar, CA 24036 Highcra!st Drive - Diamond Bar, CA — 24046 Highcrest Drive � r� �4GCL e.. rK-♦<" ' tet. . ,�.'' �' ` Diamond Bar, CA L j 240 Highcrest Drive -_ Diamond Bar, CA — i 2405 —` ,iahcrest Drive .� ,,A Diamond Bar, CA ; 4Lf%'I ' 24059 Highcrest Drive Diamond Bar, CA 24069 Highcrest Drive i Diamond Bar, CA c`— Th : following residences hereby request the City to vacate a portion of Highcrest Drive in Diamond Bar. 24008 Highcrest Drive Diamond Bar, CA 24011 Highcrest Drive Diamond Bar; CA 24022 Highcrest Drive I Diamond Bar, CA 24033 Highcrest Drive Diamond Bar, CA 24032 Highcrest Drive Diamond Bar, CA r-24-038 Highcrest Drive Diamond Bar, CA 24046 Highcrest Drive Diamond Bar, CA 24049 Highcrest Drive Diamond Bar, CA ` 24054 Highcrest Drive Diamond Bar, CA 24059 Highcrest Drive Diamond Bar, CA y 24069 Highcrest Drive Diamond Bar, CA The following residences hereby request the City to vacate a portion of Highcrest Drive in Diamond Bar. The following residences hereby request the City to vacate a portion of Highcrcst Drive in Diamond Bar. 24066 Highcrest Drive i Diamond Bar, CA i i 24075 Higharest Drive add 'i Diamond Bar, CA` - 24081 Higherest Drive '--1, l2� �-rri 1 —?- �sc-Tl} Diamond Bar, CA 24087 Highcrest Drive Diamond Bar, CA I 24076 Highcrest Drive Diamond Bar, CA ---% 24082 Highcrest Drive Diamond Bar, CA 24088 Highcrest Drive Diamond Bar, CA 24089 Highcrest Drive Diamond Bar, CA Highcrest Drive Diamond Bar, CA List of Highcrest Residences 24008 hav* Drive Erickson 24011 HOcrog Drive Trice 24022 Highaast Drive _ 24033 Highcrest Drive -- —_ _ ' Herrin - �Camsj --- -- 24032 Highctest Orive _ 24036 H+gh rW Drive -- - — Torres - Sotrwartz —_-- -- 24046 HWhaW Drive -- lOura�n 24066 Hiph rW Detre fAcendez 24054 Higherest Drive IMcBrWe 24059 HVtw4 t Drive IN&Ydu 24069 Higharst Drive iTadme — 24075 HkOcrost Drive __ 24061 Hohcrest Drive _—_-- 24087H�Frcrrst Drive 24076 HWhmW Drive __ SafPari — . :Sethia Liu Song 24082 Hiphaes; Drive ! Gueth _ 24088 Highaest DriveCook - lHHwa - - 24089 avW Drive 240?? HWhcrW Drive Deborah H. O'Connor Mayor Eileen R. Ansari Mayor Pro Tem Wen Chang Council Member Carol Herrera Council Member Robert S. Huff Council Member Recycled paper February 29, 2000 City of Diamond Bar 21660 E. Copley Drive, Suite 100 • Diamond Bar, CA 91765-4177 (909) 860-2489 • Fax (909) 861-3117 www.CityofDiamondBar.com SUBJECT: CONSIDERATION OF A RESOLUTION OF INTENTION TO VACATE A PORTION OF HIGHCREST DRIVE SOUTHERLY OF GOLD RUSH DRIVE Dear Highcrest Drive Residents: On behalf of the City of Diamond Bar, I would like to inform you that the City Council will be discussing and considering a request from the Highcrest Homeowners Alliance to vacate Highcrest Drive southerly of Gold Rush Drive, on Tuesday, March 7,2M, at 6:30 P.M., at the South Coast Air Quality Management District Auditorium, 21865 E. Copley Drive, Diamond Bar. According to the California Streets and Highways Code, the City Council must first declare its intent to vacate the street. Should the City Council approve a Resolution declaring its intent to vacate, the Planning Commission will then conduct a General Plan conformity review. The City Council subsequently will conduct a public hearing on the proposed street vacation. You are invited to attend the City Council meeting to discuss and express any concerns you may have. If you have any questions, please contact Rose Manela, Associate Engineer, at (909) 396-5671. Sincerely, Ant -f James DeStefano Deputy City Manager cc: Rafik Tadros, Highcrest Homeowners Alliance Rose Manela, Associate Engineer JDS:sm Deborah H. O'Connor Mayor Eileen R. Ansari Mayor Pro Tem Wen Chang Council Member Carol Herrera Council Member Robert S. Huff Coundl Member Recycled paper February 29, 2000 City of Diamond Bar 21660 E. Copley Drive, Suite 100 - Diamond Bar, CA 91765-4177 (909) 860-2489 • Fax (909) 861-3117 www.CitYofDiamondgar.com SUBJECT: CONSIDERATION OF A RESOLUTION OF INTENTION TO VACATE A PORTION OF HIGHCREST DRIVE SOUTHERLY OF GOLD RUSH DRIVE Dear Highcrest Drive Residents: On behalf of the City of Diamond Bar, I would like to inform you that the City Council will be discussing and considering a request from the Highcrest Homeowners Alliance to vacate Highcrest Drive southerly of Gold Rush Drive, on Tuesday, March 7, 2000, at 6:30 P.M., at the South Coast Air Quality Management District Auditorium, 21865 E. Copley Drive, Diamond Bar. According to the California Streets and Highways Code, the City Council must first declare its intent to vacate the street. Should the City Council approve a Resolution declaring its intent to vacate, the Planning Commission will then conduct a General Plan conformity review. The City Council subsequently will conduct a public hearing on the proposed street vacation. You are invited to attend the City Council meeting to discuss and express any concerns you may have. If you have any questions, please contact Rose Manela, Associate Engineer, at (909) 396-5671. Sincerely, JPs Deputy Cit' Manager cc: Rafik Tadros, Highcrest Homeowners Alliance Rose Manela, Associate Engineer JDS:sm CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. 9.2 TO: Honorable Mayor and Members of the City Council MEETING DATE: March 7, 2000 REPORT DATE: February 29, 2000 FROM: Terrence L. Belanger, City Manager TITLE: RESOLUTION NO. 2000 -XX "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING AMENDMENT NO. 2 TO THE TRES HERMANOS CONSERVATION AUTHORITY JOINT EXERCISE OF POWERS AGREEMENT TO ADD THE CITY OF INDUSTRY AS A PARTY TO THE AGREEMENT AND MEMBER OF THE BOARD." SUMMARY: The City of Industry Urban Development Agency is the majority property owner of the undeveloped area commonly known as the Tres Hermanos Ranch located within the incorporated boundaries of the City of Diamond Bar and the City of Chino Hills. In December 1999, the Tres Hermanos Conservation Authority (THCA) adopted a Resolution approving the participation of the City of Industry (Industry) as an Ex -officio Member of the Authority. In January 2000, the City Council approved an Amendment to the THCA Joint Exercise of Powers Agreement to add the City of Industry as an Ex -officio Member of the Authority. On February 28, 2000, the THCA Board considered and approved full membership of the City of Industry contingent upon the approval of the Cities of Diamond Bar and Chino Hills. RECOMMENDATION: It is recommended that the City Council of the City of Diamond Bar approve Resolution No. 2000 -XX. "A Resolution of the City Council of the City of Diamond Bar Approving Amendment No. 2 to the Tres Hermanos Conservation Authority Joint Exercise of Powers Agreement." It is further recommended that the Mayor be authorized to execute the Supplemental Agreement. LIST OF ATTACHMENTS X Staff Report _ Public Hearing Notification X Resolution(s) _ Bid Specification _Ordinance(s) —Other EXTERNAL DISTRIBUTION: City of Chino Hills, City of Industry, THCA SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed X Yes _ No by the City Attorney? 2. Does the report require a majority vote? X Yes — No 3. Has environmental impact been assessed? N/A — Yes — No 4. Has the report been reviewed by a Commission? N/A — Yes — No 5. Are other departments affected by the report? — Yes X No REVIEWED BY: Terrence L. Belang City Manager r. e§tefano Deputy City Manager CITY COUNCIL REPORT Agenda No. 9.2 MEETING DATE: March 7, 2000 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: RESOLUTION NO. 2000 -XX: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING AMENDMENT NO. 2 TO THE TRES HERMANOS CONSERVATION AUTHORITY JOINT EXCERCISE OF POWERS AGREEMENT TO ADD THE CITY OF INDUSTRY AS A PARTY TO THE AGREEMENT AND A MEMBER OF THE BOARD." ISSUE STATEMENT: Shall the City Council approve a proposed amendment to the Tres Hermanos Conservation Authority Joint Exercise of Powers Agreement in order to add the City of Industry as a Party to the Agreement and member of the Board. BACKGROUND: The Tres Hermanos Conservation Authority (THCA) was established in January 1999 in order to create a public entity to coordinate and plan the overall development and conservation of the property commonly known as the Tres Hermanos Ranch (Ranch). On October 25, 1999, THCA extended an invitation to the City of Industry (Industry) to participate as an Ex -officio Member of the Authority. The City of Industry is the majority property owner of the large undeveloped Ranch area, which is located within the incorporated boundaries of the City of Diamond Bar and the City of Chino Hills. In November 1999, the City of Industry accepted the invitation to participate. The Cities of Diamond Bar and Chino Hills subsequently approved an amendment to the THCA Joint Exercise of Powers Agreement in order to add the City of Industry as an ex -officio member. On February 28, 2000, the THCA Board of Directors considered and approved full membership of the City of Industry contingent upon the approval of the Cities of Industry, Diamond Bar and Chino Hills. Pursuant to the Joint Exercise of Powers Law (Government Code Section 6500 et seq.), and Article VI, Subsections (5) and (9) of the Tres Hermanos Conservation Authority Joint Exercise of Powers Agreement relating to amendments, the Agreement may be amended, by a Supplemental Agreement executed by all of the parties to the Agreement. The Authority Board approved the request on February 28, 2000, contingent upon the approval of the referenced cities. This Resolution is being brought forth to the City Council for consideration and adoption. FINANCIAL SUMMARY: There is no financial impact to the City of Diamond Bar. RECOMMENDATION: It is recommended that the City Council of the City of Diamond Bar approve Resolution No.2000- XX: "A Resolution of the City Council of the City of Diamond Bar Approving Amendment No.2 to the Tres Hermanos Conservation Authority Joint Exercise of Powers Agreement to add the City of Industry as a Party to the Agreement and Member of the Board." It is further recommended that the Mayor be authorized to execute the Supplemental Agreement. Prepared by: James DeStefano Deputy City Manager Attachments: A: Proposed Resolution No. 2000 -XX B: THCA Joint Exercise of Powers Agreement RESOLUTION NO. 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING AMENDMENT NO.2 TO THE TRES HERMANOS CONSERVATION AUTHORITY JOINT EXERCISE OF POWERS AGREEMENT TO ADD THE CITY OF INDUSTRY AS A PARTY TO THE AGREEMENT AND A MEMBER OF THE BOARD AS AN EX -OFFICIO MEMBER. WHEREAS, on January 19, 1999, the Tres Hermanos Conservation Authority (Authority) was established to create a public entity to coordinate the overall development and conservation of the property known as the Tres Hermanos Ranch; and WHEREAS, on October 25, 1999, the Governing Board of the Authority adopted Resolution No. 99-2 extending an invitation to the City of Industry to participate as an ex -officio member of the Authority; and WHEREAS, on November 17, 1999, the City of Industry accepted the invitation to participate as an ex -officio member of the Authority; and WHEREAS, on December 20, 1999, the Authority adopted Resolution No. 99-5 approving the participation of the City of Industry as an ex -officio member; and WHEREAS, on January 18, 2000, the City Council of the City of Diamond Bar adopted Resolution No. 2000-05 approving the participation of the City of Industry as an ex -officio member; and WHEREAS, on February 8, 2000, the City Council of Chino Hills adopted Resolution No. R00-13 approving the participation of the City of Industry as an ex -officio member; and WHEREAS, pursuant to the Joint Exercise of Powers Act (Government Code Section 6500 et seq.) and Article VI, Subsections (5) and (9) of the Joint Exercise of Powers Agreement relating to amendments and new parties, the Agreement may be amended, by supplemental agreement executed by all parties to the Agreement; and WHEREAS, the interests of the Authority are related to the area of real property commonly known as the Tres Hermanos Ranch (Ranch), the majority of which is in the incorporated boundaries of the City of Diamond Bar and the City of Chino Hills; and WHEREAS, the City of Industry is the majority property owner of the Ranch; and WHEREAS, to provide coordination and encourage continuity of planning among local governments in the Ranch area it is in the interest of the Authority to have the full participation of the City of Industry as a member of the Authority. NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND DECLARED BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, AS FOLLOWS: That the City Council of the City of Diamond Bar resolves and agrees to amend the Tres Hermanos Conservation Authority Joint Exercise of Powers Agreement as stated within the attached Supplemental Agreement No. 2 (Exhibit "A") contingent upon the approval of the City of Chino Hills and the City of Industry. PASSED, APPROVED AND ADOPTED this day of , 2000. Mayor, City of Diamond Bar I, Lynda Burgess, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved, and adopted at a regular meeting of the City Council of the City of Diamond Bar, held on the day of , by the following roll call vote: AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS ABSTAIN: COUNCIL MEMBERS City Clerk, City of Diamond Bar 2 Exhibit "A" TRES HERMANOS CONSERVATION AUTHORITY SUPPLEMENTAL AGREEMENT NO.2 Pursuant to Article VI, Section (5) and (9), upon approval by the Board and by their governing bodies, additional Cities may become parties to the joint Exercise of Powers Agreement. Therefore, the Joint Exercise of Powers Agreement shall be amended to add the City of Industry as a Party to the Agreement and a Member of the Board of Directors. The address of the principal business office of the City of Industry shall be identified as P.O. Box 3366, 15651 E. Stafford Street, City of Industry, California 91744. 2. Article I, Section (3) is hereby amended to remove Subsection: "(d) Ex -officio Member. A member of the City Council of the City of Industry shall serve as an Ex -officio, non-voting, member of the Authority." IN WITNESS WHEREOF, the parties hereto have caused this Amendment No.2 to be executed and attested by their proper officers thereunto duly authorized and their official seals to be hereto affixed, on the day and year set opposite the name of each of the parties. CITY OF CHINO HILLS MICHAEL WICKMAN, MAYOR ATTEST: LINDA D. RUTH, CITY CLERK ATTEST: LYNDA BURGESS, CITY CLERK ATTEST: JODY SCRIVENS, CITY CLERK CITY OF DIAMOND BAR DEBORAH H. O'CONNOR, MAYOR CITY OF INDUSTRY DAVE WINN, MAYOR 2 HARRY W. STONE CHAIRMAN February 28, 2000 LOS ANGELES COUNTY SOLID WASTE MANAGEMENT COMMITTEE/ INTEGRATED WASTE MANAGEMENT TASK FORCE 900 SOUTH FREMONT AVENUE, ALHAMBRA, CALIFORNIA 91803-1331 P.O. BOX 1460, ALHAMBRA, CALIFORNIA 91802-1460 The Honorable Debby O'Conner City of Diamond Bar 21660 East Copley Drive, Suite 100 Diamond Bar, CA 91765-4177 Dear Mayor O'Conner: STATE WASTE DIVERSION REQUIREMENTS AND COMPLIANCE MEASUREMENT ASSEMBLY BILL 1939 (VINCENT AND MARGETT) This is a follow-up to the Los Angeles County Integrated Waste Management Task Force (Task Force) letter of June 7, 1999 (Enclosure A), encompassing a number of recommendations to address deficiencies with the current State methodology in measuring jurisdictions' compliance with the waste reduction mandates of State law. I am pleased to inform you that the Task Force's legislative recommendations have been formulated into the Los Angeles County -sponsored Assembly Bill 1939 (AB 1939), introduced on February 15, 2000 (Enclosure B). This Bill is jointly authored by Assembly Members Ed Vincent (Inglewood) and Bob Margett (Arcadia), with principal co-authors Robert Pacheco (Walnut) and Carl Washington (Compton). AB 1939 is also co-authored in the Assembly by Assembly Members Mike Briggs (Fresno), Dave Cox (Sacramento), and George Runner (Santa Clarita/Antelope Valley), and in the Senate by Senators Richard Mountjoy and Richard Polanco. `The Bill olaces n im lement ' s to �e iciently utilize limited local resources gnd_not to reauirP Inial governments to ao through to ensure reduction mandate as insisted by the G Pment Board (Waste B.oard). The Bill also promotes alternative technologies to reduce dependence on landfilling and incineration as well as requiring the Waste Board to maintain a local office in Los Angeles County.1 I believe this is a landmark legislation and, therefore, I request that your City carefully s udy the proposal, strongly support it, and follow through to ensure its enactment by the State legislature and the Governor. A description of the existing deficiencies and proposed legislative remedies embodied in Assembly Bill 1939 is further provided in Enclosure C. The Task Force recommendations were developed with extensive input from the cities, the waste management industries, and the public. For many years, jurisdictions have expressed concerns about the difficulties with "accurately" accounting for the waste February 28, 2000 Page 2 originating within their boundaries forthe purpose of measuring compliance with the State's 50 percent waste reduction mandate. This is particularly accute in Los Angeles County, with 88 cities, numerous unincorporated communities, dozens of solid waste facilities (which are used by over 200 jurisdictions throughout the State), hundreds of permitted waste haulers, and thousands of self -haulers and contractors. The complexity of our solid waste management system makes it extraordinarily diff icultto accurately track all the waste generated within each jurisdiction from the point of origin, through various intermediate processing points, and to the ultimate point of diversion and/or disposal. The only system that can partially accomplish such a daunting task to assure State -required mathematical compliance is to place a bar code on every trash container, and a weight scale, a Global Positioning equipment, and a computer on every trash truck (and still, what do we do about the self haulers?). I strongly request that your City contact the Bill authors and the Los Angeles County Legislative Delegation informing them of your support for Assembly Bill 1939. We believe that with your support we will have the momentum necessary to ensure passage of this very important Bill. For your convenience, I have enclosed a sample letter that may be of use in preparing your City's communication with the Bill's authors (Enclosure D) and a listing of the legislative representatives (Enclosure E). Let me thank you in advance for your support. By joining together, we can allow jurisdictions in Los Angeles County, as well as throughout the State, to focus on implementing waste diversion programs to protect the public health and safety while conserving our natural resources. Should you have any questions, please contact me at the City of Glendale, at (818) 548-4844, or contact Mr. Mike Mohajer, of the Los Angeles County Department of Public Works, at (626) 458-3502. Sin ely, GINGER 6,kEMBERG, Vice -Chair Los Angeles County Solid Waste M Integrated Waste Management Ta Mayor, City of Glendale PA: my\P:\sec\ab 1939.frm Enc. nent Committee/ rce and cc: Each Member of the Los Angeles County Board of Supervisors Each Member of the Los Angeles County Integrated Waste Management Task Force City Recycling Coordinator FROM : Panasonic FAX SYSTEM PHONE N0. : 8610701 Mar. 02 2000 05:22Ht' SAMPLE LETTER , 2000 The Honorable Edward Vincent State Capital, -Room 5119 Sacramento, CA 95814 The Honorabie-Bob Margett State Capital, Room 5160 Sacramento, CA 95814 Dear Assembly Members: ASSEMBLY BILL 9939 (FEBRUARY 15, 2000) SOLID WASTE DIVERSION REQUIREMENTS AND COMPLIANCE MEASUREMENT Our City strongly supports AB 1939 which you authored. AB 1939 addresses our City's longstanding concerns with the existing State methodology being used to measure the efforts of jurisdictions to comply with the State's 50 percent waste diversion mandate. The current measurement methodology, coupled with the California integrated Waste Management Board's increasing insistence on strict mathematical compliance ("bean counting"), will exhaust our limited resources that could be best used to implement waste diversion programs. As a result, our City may be subject to a penalty of up to $10,000 per day for failing to mathematically achieve the State's waste diversion mandate. Your proposed legislation and its requirement to place emphases on implementing waste diversion programs, including promoting the development of non=burn transformation technologies, will greatly enhance our efforts to maximize our waste diversion activities, while reducing our dependence on landfilling and promoting the conservation of our natural resources. Thank you for your efforts in addressing the concerns of local governments by introducing AB 1939. Should you have any questions, please contact Sincerely, Mayor, City of cc: Governor Gray Davis Speaker of the Assembly (Antonio R. Villaraigosa ) Senate President Pro Tem (John Burton) Honorable Robert -M. Hertzberg FROM : Panasonic FAX SYSTEM PHONE NO. : 86107,01 Mar. 02 2000 05:2 -AM P1 The Honorable Edward Vincent The Honorable Bob Margett , 2000 Page 2 Honorable Robert Pacheco Honorable Carl Washington Honorable Mike Briggs Honorable Dave Cox Honorable George Runner Honorable Richard Mountjoy Honorable Richard Poianco Each Member of the Los Angeles County State Legislative Delegation Each Member of the Los Angeles County Board of Supervisors Los Angeles County Integrated Waste Management Task Force (Ginger Bremberg/ Mike Mohajer) League of California Cities HARRY W. STONE CHAIRMAN June 7, 1999 LOS ANGELES COUNTY SOLID WASTE MANAGEMENT COMMITTEE! INTEGRATED WASTE MANAGEMENT TASK FORCE 900 SOUTH FREMONT AVENUE, ALHAMBRA, CALIFORNIA 91803-1331 P.O. BOX 1460, ALHAMBRA, CALIFORNIA 91802-1460 FIELD(CITY MAYOR) FIELD(CITY) FIELD(ADDRESS) FIELD(CITY, STATE, ZIP CODE) Dear Mayor FIELD(SALUTATION): ASSEMBLY BILL 939 COMPLIANCE FINAL RECOMMENDATIONS TO IMPROVE THE CURRENT DISPOSAL REPORTING SYSTEM As a follow-up to my April 22,1999, letter regarding measures to improve the current State disposal quantity reporting system, I am pleased to inform you that on May 20, 1999, the Los Angeles County Integrated Waste Management Task Force (Task Force) approved a series of recommendations designed to improve the system (see Enclosure A). As you may know, most jurisdictions in Los Angeles County share the concern that the current system does not accurately quantify the amount of solid waste disposed by jurisdictions due to its inherent deficiencies. These deficiencies may cause many jurisdictions to mathematically fail in achieving the State's 50 percent waste reduction mandate by the year 2000 resulting in penalties of up to $10,000 per day. The Task Force's recommendations propose to make (a) changes in State law emphasizing the quality of waste diversion programs implemented ratherthan relying solely on quantity measurement; (b) changes in California Integrated Waste Management Board (Waste Board) regulations, policies, and other activities including expediting the review of annual reports to help jurisdictions gauge their progress in achieving the State's waste reduction mandate; (c) measures that solid waste facility operators can implement including extending the origin survey period to more than one week per quarter. and (d) measures that local jurisdictions can implement within a relatively short time. ENCLOSURE A PAGE 1 OF 2 CALIFORNIA LEGISLATURE -1994-2000 REGULAR SESSION ASSEMBLY BILL No. 1939 Introduced by Assembly Members Vincent and Margett (Principal coauthors: Assembly Members Robert Pacheco and Washington) (Coauthors: Assembly Members Briggs, Cox, and Runner (Coauthors: Senators Mountjoy and Polanco) February 15, 2000 An act to amend Sections 40001, 40201, 40503, 40507, 41780.1, 41783. 41825. 41850, and 42006 of, and to add Section 40150.1 to, the Public Resources Code, relating to solid waste. LEGISLATIVE COUNSEL'S DIGEST AB 1939, as introduced, Vincent. Solid waste diversion requirements: nonburn transformation. (1) The existing California Integrated Waste Management Act of 1989, which is administered by the California Integrated Waste Management Board, establishes an integrated waste management program. The act requires each city, county, city and county, and regional agency, if any, to develop a source reduction and recycling element of an integrated waste management plan containing specified components. For the first revision of the element, those entities are required to divert, by January 1, 2000 from disposal or transformation, 50% of the solid waste through source reduction, recycling, and composting subject to the element, except as specified. Existing law defines transformation as including incineration, pyrolsis, distillation, gasification or biological conversion. 99 ENCLOSURE B PAGE 1 OF 16 -3— AB 1939 evidence in the record, that the city, county, or regional agency has failed to make a good faith effort to implement those elements. The bill would provide that a city, county, or regional agency is deemed to be implementing those elements if it has executed specified programs identified in the reduction or hazardous waste element or certain alternative programs. The bill would additionally require the board to consider, in imposing those civil penalties, the findings and recommendations in the progress report concerning the disposal reporting system and would require the board to annually update the enforcement criteria included in the enforcement policy. (5) Existing law requires the board to develop a comprehensive market development plan using existing resources, that will stimulate market demand in the state for postconsumer waste material and secondary waste material generated in the state, including specified goals. The plan is required to include provisions for periodic review and revision in response to changing market factors or actual changes in secondary waste materials markets. This bill would require the board to annually review, and, if necessary, update the plan, in response to those changes, and to forward the revised plan to the Legislature and to local agencies. Vote: majority. Appropriation: no. Fiscal committee: yes. State -mandated local program: no. The people of the State of California do enact as follows: 1 SECTION 1. Section 40001 of the Public Resources 2 Code is amended to read: 3 40001. (a) The Legislature declares that the 4 responsibility for solid waste management is a shared 5 responsibility between the state and local governments. 6 The state shall exercise its legal authority in a manner that 7 ensures an effective and coordinated approach to the safe 8 management of all solid waste generated within the state 9 and shall oversee the design and implementation of local 10 integrated waste management plans. 99 0 ENCLOSURE B PAGE 3OF16 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 —5— AB 1939 (b) "Transformation " does not include eerpesti�g—ter biomms . any of the following: (1) Composting. (2) Biomass conversion. (3) Nonburn transformation, for the purpose of measuring compliance with the diversion requirements of Section 41780. SEC. 4. Section 40503 of the Public Resources Code is amended to read: 40503. The board shall maintain its headquarters in the County of Sacramento, and may establish regional offices in any part of the state that the board deems necessary. Subject to the availability of funds, the board shall establish a regional office in any county that has a population greater than 5,000,000. SEC. 5. Section 40507 of the Public Resources Code is amended to read: 40507. (a) On or before March 1 of each year, the board shall file an annual report with the Legislature highlighting significant programs or actions undertaken by the board to implement programs pursuant to this division during the prior calendar year. The report shall include, but is not limited to, the information described in subdivision (b). (b) , Ote The board shall file annual progress reports each January 1 with the Legislature covering the activities and actions undertaken by the board in the prior fiscal year. The board shall prepare the progress reports throughout the calendar year, as determined by the board, on the following programs: (1) The local enforcement agency program. (2) The research and development program. (3) The public education program. (4) The market development program. (5) The used oil program. (6) The planning and local assistance program. (7) The site cleanup program. (c) The progress report shall specifically include. but is not limited to, all of the following information: ENCLOSURE B PAGE 5 OF 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 —7— AB 1939 recommendations on administrative and legislative changes to improve the program's effectiveness. (D) A report on the effectiveness of the integrated waste management educational program and teacher training plan implemented pursuant to Section 42603, including recommendations on administrative and legislative changes which will improve the program. (E) A summary of available and wanted materials, a profile of the participants, and the amount of waste diverted from disposal sites as a result of the California Materials Exchange Program established pursuant to sttb ' Section 42600. (4) Pursuant to paragraph (4) of subdivision (b), all of the following information: (A) A review of market development strategies undertaken by the board pursuant to this division to ensure that markets exist for materials diverted from solid waste facilities. including recommendations for administrative and legislative actions which will promote expansion of those markets. The recommendations shall include, but not be limited to, all of the following: (i) Recommendations for actions to develop more direct liaisons with private manufacturing industries in tete this state to promote increased utilization of recycled feedstock in manufacturing processes. (ii) Recommendations for actions whriek that can be taken to assist local governments in the inclusion of recycling activities in county overall economic development plans. (iii) Recommendations for actions to utilize available financial resources for expansion of recycling industry capacity. (iv) Recommendations to improve state, local. and private industry product and material procurement practices. (B) Development and implementation of a program to assist local agencies in the identification of markets for materials that are diverted from disposal facilities through source reduction, recycling, and composting pursuant to Section 40913. VA - ENCLOSURE B PAGE 7 OF 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 —9— AB 1939 payment required by Section 48650 and the recycling incentive, and plans for present and future programs to be conducted over the next two years. (6) Pursuant to paragraph (6) of subdivision (b), all of the following information: (A) The development by the board of the model countywide or regional siting element and model countywide or regional agency integrated waste management plan pursuant to Section 40912, including its effectiveness in assisting local agencies. (B) The adoption by the board of a program to provide assistance to cities, counties, or regional agencies in the development and implementation of source reduction programs pursuant to subdivision (b) of Section 40912. (C) The development by the board of model programs and materials to assist rural counties and cities in preparing city and county source reduction and recycling elements pursuant to Section 4094 4 40912. (D) A report on the number of tires that are recycled or otherwise diverted from disposal in landfills or stockpiles. (E) A report on the development and implementation of recommendations, with proposed implementing regulations, for providing technical assistance to counties and cities that meet criteria specified in Section 41782, so that those counties and cities will be able to meet the objectives of this division. The recommendations shall, among other things, address both of the following matters: (i) Assistance in developing methods of raising revenue at the local level to fund rural integrated waste management programs. (ii) Assistance in developing alternative methods of source reduction, recycling, and composting of solid waste suitable for rural local governments. (F) A report on the status and implementation of the "Buy Recycled" program established pursuant to subdivision (d) of Section 42600, including the waste collection and recycling programs established pursuant to Sections 12164.5 and 12165 of the Public Contract Code. ENCLOSURE B PAGE 9 OF 16 -11— AB 1939 1 The method prescribed in Section 41780.2 shall be used to 2 determine the maximum amount of disposal allowable to 3 meet the diversion requirements of Section 41780. 4 (c) To determine achievement of the diversion 5 requirements of Section 41780 in 1995 and in the year 6 2000, projections of disposal amounts from the source 7 reduction and recycling elements shall be adjusted to 8 reflect annual increases or decreases in population and 9 other factors affecting the waste stream, as determined 10 by the board. By January 1, 1994, the board shall study the 11 factors which affect the generation and disposal of solid 12 waste and shall develop a standard methodology and 13 guidelines to be used by cities, counties, and regional 14 agencies in adjusting disposal projections as required by 15 this section. 16 (d) The amount of additional diversion required to be 17 achieved by a regional agency to meet the diversion 18 requirements of Section 41780 shall be equal to the sum 19 of the diversion requirements of its member agencies. To 20 determine the maximum amount of disposal allowable for 21 the regional agency to meet the diversion requirements 22 of Section 41780, the maximum amount of disposal 23 allowable for each member agency shall be added 24 together to yield the agency disposable maximum. 25 (e) For any city, county, or regional agency source 26 reduction and recycling element submitted to the board, 27 the amount of solid waste that a city, county, or regional 28 agency is required to divert to meet the 50 percent 29 diversion requirement specified in paragraph (2) of 30 subdivision (a) of Section 41780 may include solid waste 31 that is diverted using nonburn transformation, if the 32 project complies with the requirements of Section 44150. 33 except that, for purposes of such a nonburn 34 transformation project's compliance with those 35 requirements. the term "transformation, " as used in 36 Section 44150, includes nonbum transformation. 37 SEC. 7. Section 41783 of the Public Resources Code is 38 amended to read: 39 41783. Per Except as provided in subdivision (e) of 40 Section 41780.1, for any city, county, or regional agency VE ENCLOSURE B PAGE 11 OF 16 -13— AB 1939 1 SEC. 8. Section 41825 of the Public Resources Code is 2 amended to read: 3 41825. (a) At least once every two years, the board 4 shall review each city, county, or regional agency source 5 reduction and recycling element and household 6 hazardous waste element. If, after a public hearing, 7 which, to the extent possible, is held in the local or 8 regional agency's jurisdiction, the board firgs adopts 9 written findings, based on a substantial evidence in the 10 record that the city, county, or regional agency has failed 11 to make a good faith effort, as defined in Section 41850, 12 to implement its source reduction and recycling element 13 or its household hazardous waste element, the board shall 14 issue an order of compliance with a specific schedule for 15 achieving compliance. -The 16 (b) For purposes of subdivision (a), a cin: county or 17 regional agency shall be deemed to be implementing its 18 source reduction and recycling element or household 19 hazardous waste element, if the city, county, or regional 20 agency has executed those selected programs identified 21 in the source reduction and recycling element or 22 household hazardous waste element that is approved by 23 the board, or suitable alternative programs mutually 24 agreed upon by the board and the city, county, or regional 25 agency. 26 (c) A compliance order issued pursuant to subdivision 27 (a) shall include those conditions whieh that the board 28 determines to be necessary for the local agency or 29 regional agency to complete in order to implement its 30 source reduction and recycling element or household 31 hazardous waste element. 32 SEC. 9. Section 41850 of the Public Resources Code is 33 amended to read: 34 41850. (a) Except as specifically provided in Section 35 41813, if, after holding the public hearing and issuing an 36 order of compliance pursuant to Section 41825, the board 37 finds that the city, county, or regional agency has failed 38 to implement its source reduction and recycling element 39 or its household hazardous waste element, the board may 40 impose administrative civil penalties upon the city or 72 0 ENCLOSURE B PAGE 13 OF 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 — IS — AB 1939 (1) (A) The extent to which a city, county, or regional agency has made good faith efforts to implement its source reduction and recycling element or household hazardous waste element. (B) (i) For the purposes of this paragraph, "good faith efforts" means all reasonable and feasible efforts by a city, county, or regional agency to implement those programs or activities identified in its source reduction and recycling element or household hazardous waste element, or alternative programs or activities that achieve the same or similar results. (ii) For purposes of this paragraph, "good faith efforts" may also include the evaluation by a city, county, or regional agency of improved technology for the handling and management of solid waste that would reduce costs, improve efficiency in the collection, processing, or marketing of recyclable materials or yard waste, and enhance the ability of the city, county, or regional agency to meet the diversion requirements of paragraphs (1) and (2) of subdivision (a) of Section 41780, provided that the city, county, or regional agency has submitted a compliance schedule pursuant to Section 41825, and has made all other reasonable and feasible efforts to implement the programs identified in its source reduction and recycling element or household hazardous waste element. (iii) In determining whether a jurisdiction has made a good faith effort, the board shall consider the enforcement criteria included in its enforcement policy, as adopted on April 25, 1995, or as subsequently arne On or before January 1, 2001, and on or before January 1, annually thereafter, the board, in consultation with local agencies, the solid waste industry, and nonprofit organizations, shall update the enforcement criteria to reflect any applicable changes in state law. (2) The extent to which a city, county, or regional agency has implemented additional source reduction, recycling, and composting activities to comply with the diversion requirements of paragraphs (1) and (2) of subdivision (a) of Section 41780. I_ ENCLOSURE B PAGE 15 OF 16 SUMMARY OF EXISTING DEFICIENCIES AND PROPOSED LEGISLATIVE REMEDIES ASSEMBLY BILL 1939 (INTRODUCED FEBRUARY 15, 2000) SUMMARY OF EXISTING LAW The California Integrated Waste Management Act, commonly known as AB 939, has imposed mandates on each city and county in California to divert 25 and 50 percent, compared to 1990 figures, of solid waste from disposal at landfills or transformation facilities by 1995 and the year 2000, respectively. The Act also stipulated preparation of planning documents, reporting requirements, and measurement methodologies on how to quantify the amount of waste being generated, disposed, and/or diverted. Failure to comply with the Act's requirements, including mathematically substantiating achievement of the waste diversion mandates, may subject the jurisdiction to penalties of up to $10,000 per day. AB 939 also requires each county and the cities within that county to convene a task force to assist, among other things, in coordinating the development of jurisdictions' recycling and other planning documents as well as ensuring a coordinated and cost-effective regional waste management system. The membership of the task force, as required by AB 939, is determined by the county and by a majority of the cities within the county which contain a majority of the incorporated population. In Los Angeles County, this task force which has been in existence since the enactment of AB 939 is known as the Los Angeles County Integrated Waste Management Task Force. LOS ANGELES COUNTY SOLID WASTE MANAGEMENT SYSTEM Los Angeles County is the most populous county in the State and approximately one out of three Californians resides in this County. The County encompasses 88 cities and over 80 unincorporated communities. Los Angeles County is also larger than 42 states in the nation and economically ranks 16 among the world's industrialized countries. Los Angeles County is home to one of the most complex and diverse solid waste management systems in the nation. Residential waste collection is provided by a combination of municipal forces, franchises, and private/independent waste collectors/haulers who operate on an open -market basis. Commercial waste collection is generally being provided by franchise and independent haulers, mostly under an open - market system. ENCLOSURE C PAGE 1 OF 5 SUMMARY OF EXISTING DEFICIENCIES AND PROPOSED LEGISLATIVE REMEDIES ASSEMBLY BILL 1939 (INTRODUCED FEBRUARY 15, 2000) PAGE 3 In order to minimize our needs for landfill capacity, efforts to increase diversion activities must be expanded by promoting development of alternative disposal technologies, i.e., transformation. However, under the current law, transformation includes "incineration" and as such is considered "disposal." Additionally, jurisdictions utilizing facilities are allowed to claim not more than ten percent diversion credit (toward the 50 percent diversion mandate) for the waste managed at these facilities. Because of these limitations, development of new transformation facilities in California has come to halt. Non -burn transformation technologies divert waste from landfills and incinerators and, therefore, should be eligible for full diversion credit. This change to the Statute would also greatly enhance development of these technologies. In addition to the issues listed, many local jurisdictions find that to get their concerns properly responded to by the Waste Board, they must attend meetings in Sacramento due to the lack of a local Waste Board office in Southern California. This has created a financial hardship for many jurisdictions in the County. Since Los Angeles County (88 cities and the County) provides approximately one-third of the Waste Board's budget which is being funded by imposition of fees on solid waste generated in Los Angeles County, then it is justifiable and necessary for the Waste Board to maintain a local (or regional) office in Los Angeles County. SUMMARY OF NEEDED ACTION Since the enactment of AB 939, the cities in Los Angeles County, the County, and the Los Angeles County Integrated Waste Management Task Force have gained substantial experience developing and implementing a wide range of innovative waste diversion programs, many of which are being used as models throughout the nation. So far, these programs have helped jurisdictions make tremendous progress toward achieving the 50 percent. However, getting to the 50 percent and/or maintaining that diversion rate remain a challenge which is further compounded due to lack of adequate markets for diverted materials. In recognition of the jurisdictions' concerns with the Waste Board's Disposal Reporting System, the Act's requirements to insure mathematical compliancewith its waste reduction mandates, and otherfactors listed in previous sections, the Los Angeles County Integrated ENCLOSURE C PAGE 3OF5 SUMMARY OF EXISTING DEFICIENCIES AND PROPOSED LEGISLATIVE REMEDIES ASSEMBLY BILL 1939 (INTRODUCED FEBRUARY 15, 2000) PAGE 5 • AB 1939 would require the Waste Board to annually review and, if necessary, update the comprehensive market development plan required under current State law, in response to changing market factors or changes in secondarywaste materials markets. Also, the Bill would require the Waste Board to forward the revised plan to the Legislature and to local agencies. • AB 1939 would require the Waste Board to establish a regional office in Los Angeles County subject to availability of funds. • AB 1939 would require the Waste Board to include in its annual progress reports to the Legislature a report evaluating the accuracy and effectiveness of the Disposal Reporting System adopted by the Waste Board including recommendations to address any deficiencies in the system. MMM:mal AB939.MMM.021700 ENCLOSURE C PAGE 5OF5 SAMPLE LETTER , 2000 The Honorable Edward Vincent State Capital, Room 5119 Sacramento, CA 95814 The Honorable Bob Margett State Capital, Room 5160 Sacramento, CA 95814 Dear Assembly Members: ASSEMBLY BILL 1939 (FEBRUARY 15, 2000) SOLID WASTE DIVERSION REQUIREMENTS AND COMPLIANCE MEASUREMENT Our City strongly supports AB 1939 which you authored. AB 1939 addresses our City's longstanding concerns with the existing State methodology being used to measure the efforts of jurisdictions to comply with the State's 50 percent waste diversion mandate. The current measurement methodology, coupled with the California Integrated Waste Management Board's increasing insistence on strict mathematical compliance ("bean counting"), will exhaust our limited resources that could be best used to implement waste diversion programs. As a result, our City may be subject to a penalty of up to $10,000 per day for failing to mathematically achieve the State's waste diversion mandate. Your proposed legislation and its requirement to place emphases on implementing waste diversion programs, including promoting the development of non -burn transformation technologies, will greatly enhance our efforts to maximize our waste diversion activities, while reducing our dependence on landfilling and promoting the conservation of our natural resources. Thank you for your efforts in addressing the concerns of local governments by introducing AB 1939. Should you have any questions, please contact Sincerely, Mayor, City of cc: Governor Gray Davis Speaker of the Assembly (Antonio R. Villaraigosa) Senate President Pro Tem (John Burton) Honorable Robert M. Hertzberg ENCLOSURE D PAGE 1 OF 2 ASSEMBLY MEMBER LIST MR THOMAS M CALDERON MR TONY CARDENAS STATE CAPITOL RM 2148 STATE CAPITOL RM 4005 SACRAMENTO CA 95814 SACRAMENTO CA 95814 MR MARCO A FIREBAUGH MR RICHARD FLOYD STATE CAPITOL RM 3126 STATE CAPITOL RM 4016 SACRAMENTO CA 95814 SACRAMENTO CA 95814 MS SALLY HAVICE MR ROBERT M HERTZBERG STATE CAPITOL RM 5150 STATE CAPITOL RM 319 SACRAMENTO CA 95814 SACRAMENTO CA 95814 MS SHEILA JAMES KUEHL MR ALAN LOWENTHAL STATE CAPITOL RM 3013 STATE CAPITOL RM 4139 SACRAMENTO CA 95814 SACRAMENTO CA 95814 MR TOM McCLINTOCK MR GEORGE NAKANO STATE CAPITOL RM 4153 STATE CAPITOL RM 2158 SACRAMENTO CA 95814 SACRAMENTO CA 95814 MS GLORIA ROMERO MR GEORGE RUNNER STATE CAPITOL RM 2117 STATE CAPITOL RM 6027 SACRAMENTO CA 95814 SACRAMENTO CA 95814 MS NELL SOTO MR ANTONIO VILLARAIGOSA STATE CAPITOL RM 5164 STATE CAPITOL RM 219 SACRAMENTO CA 95814 SACRAMENTO CA 95814 MR CARL WASHINGTON MR HERB WESSON STATE CAPITOL RM 2136 STATE CAPITOL RM 2179 SACRAMENTO CA 95814 SACRAMENTO CA 95814 MR RODERICK WRIGHT MR MIKE BRIGGS STATE CAPITOL RM 6012 STATE CAPITOL RM 2111 SACRAMENTO CA 95814 SACRAMENTO CA 95814 MR GIL CEDILLO STATE CAPITOL RM 5016 SACRAMENTO CA 95814 MR MARTIN GALLEGOS STATE CAPITOL RM 6005 SACRAMENTO CA 95814 MR WALLY KNOX STATE CAPITOL RM 6025 SACRAMENTO CA 95814 MR BOB MARGETT STATE CAPITOL RM 5160 SACRAMENTO CA 95814 MR ROBERT PACHECO STATE CAPITOL RM 4177 SACRAMENTO CA 95814 MR JACK SCOTT STATE CAPITOL RM 4146 SACRAMENTO CA 95814 MR EDWARD VINCENT STATE CAPITOL RM 5119 SACRAMENTO CA 95814 MR SCOTT WILDAN STATE CAPITOL RM 3091 SACRAMENTO CA 95814 MR DAVE COX STATE CAPITOL RM 2002 SACRAMENTO CA 95814 ENCLOSURE E PAGE 1 OF 2 FROM : Panasonic FAX SYSTEM PHONE NO. : 86107101 Mar. 02 2000 05:18PIN P1 To: Solid Waste Task Force From: Nancy Pfeffer, Senior Planner, 213-236-1869, pfeffer@SCag.ca-gov i Date: February 14, 2000 RE: Proposed AB 1939 Amending the California Integated Waste Management Act RECONIlVIENDATION: The Task Force should recommend that the Energy and Environment Committee and Regional Council support the bill. SUNEM ARY: In Spring 1999, the Los Angeles County Integrated Waste Management Task Force adopted a number of recommendations to address AB 939s deficiencies. The recommendations included legislative changes, regulatory changes, and operational chatigcs The bill proposed by Los Angeles County would implement the Task Force's recommended legislative changes to the Act. For the purpose of measuring compliance with the Act's 50% waste reduction, the proposed bili shifts the emphasis from mattiemancal compliance to implcmaitation of waste diversion programs. Additionally, the proposal would remove disincentives to commercial development of ahemadvc technologies to landfilling and waste incineration. It would also clarify the states role in developing markets for recycled mausials, and would establish an office of the California Integrated Waste Management Board in Southern California, if funds are available to do so. The California Integrated Waste Management Act, commonly known as AB 939, has imposed mandates on each city and county in California to divert 25 and 50 percent, compared to 1990 figures, of solid waste from disposal at landfills or transformation facilities by 1995 and the year 2000, respectively. The Act also supulated preparation of planning docmnents, reporting rcgtn MCI3u, and measumneru methodologies on how to quantify the amount of waste being generated, and/or diverted Fallon- to comply with the Act's requirements, inchuhng matwmaticallY substantiating achievement of the waste diversion mandates, may subject the jurisdiction to penalties of up to $10,000 per day. To measure a jurisdiction's compliance with the 50 percent waste diversion mandate, the California Integrated Waste Management Board developed the Disposal Reporting System to uncle the quantities of solid waste disposed by each jurisdiction. Since the implementation of the Disposal Reporting System in 1995, concertis by local jurisdictions have been mounting regarding the accuracy of the System in determining and quantifying the waste by the jurisdiction of origin. The jurisdictions' concerns have been further compounded by the California Integrated Waste Management Board's heavy emphasis on numerical accounting whose awu=y .has clear and substantial limitations. In order to insure mathemancal compliance with the waste seduction mandates of the Act and avoid potential penalties, each waste collector must aecwltely quantify the amount of waste collected from each customer (truck with scale) and by jurisdiction of origin (customer's site address)- 1n an #33205 vl - SWTF Meme on AB 1939 4r% SOUTHERN CAUFORNIA ABSOCIAT101i of GOVERNMENTS FROM : Panasonic FAX SYSTEM PHONE NO. : 8610701 Mar. 02 2000 05:30AM PT urbanized arta such as Los Angeles County with 88 cities, over 80 unincorporated communities, over 160 independcnt haulers, and many thousands of self haulers and couactors, inzplet xmwWon of such a system is not practical, economically not feasible, and will exhaust local resources that can nest be used to implement waste reduction programs which is the fimdasnartai goal of AB 939. A re= LA Times article (January 6, 2000) indicated that "In Califomia, 80% of lnuaicipatities fam 4 S10,000 -a -day fine, unless they drastically slash their trash before the year cods." In the saate article Dan Eaton, Chairman of the Waste Board, was quoted as saying, "California diverted 34% of its trash in 1997, far short of 2000's deadline of Mali" Fawn put 1998's tentative WW at about 33%. In order to minimize our Deeds for landfill capacity, efforts to inc cease diversion activities must be expanded by promoting development of alternative disposal txhnologies, i.e., mon. However, under the current law tranrfiorm m includes ` " and as such is considered "disposal" Additionally, jurisdictions utilizing facilities are allowed to claim rat movie than, ten - per omt diversion credit (toward the 50 permat diversion mandate) for the waste managed at these f5CWdex. Because of these limitations, developom of now I, founatiodn facilities in CaliEomi a has come to a halt. Non4wrn transformation technologies divert waste fiemz I—ds" and incinerators and, tberefore, should be eh&le for full diversion credit. This age to the Statute would also grtaRly enhance development of these technologies. Los Angeles County (88 cities and the Co=y) provides approximately one-third of the waste Board budget through imposition of fees on disposal etc. However•, the Waste Hoard docs not maintain a local (or regional) office in Los Angeles County to respond to local jurrisAddons' inquirics/coacerns. Twee local jurisdictions for the moat part do not have staff or adequate 5mulew resourcxs to travel to Sammn auo to get their eros responded to. I. . YJ13113KII 9 u�xr r In reeogaition of the jurisdictions' concerns with the Wane Board's Disposal Reporting System, the Act's regmrements to insure mathematical compliance with its waste reduction mandates, and other factors listed in the previous section, the Los Angeles County bogged Waste Management Task Form adopted a series of noornrneadations to acidness jurisdictions' concerns on May 20, 1999 (see attachment). Subsequently, the rcoomme ndarions were adopted by many jurisdictions in Los Angeles and Ventura Counties, by the Loa Angeles County Board of Sgmvisors, which took formal action on July 27, 1999, and by the Southern CAlifinnia, Association of Governments on September 2, 1999 (sec attachment). Tire Los Angeles County Integrated Waste Management Task Force's raxximt -a ndations were formulated after extensive xnsaltation with cities in Los Angeles County, the County, waste mrmagcnu= industries, rad the m* ic. The recorrunendations include measures that can be impleraerzoed at a local level and/or the Waste Board to remedy those deficiencies that do not require changes in •the State law. Mie: recr -moons also included a mznber of proposals requiring State legislative actions that have bean fc :: �;uleted into ft Los Angeles County legislative proposal, AB 1939- #33205 v1 - SW*M Memo on AB 1939 SOUTHERN CALIFORNIA b04 ASSOCIATION of BOVERN.M>EM OGS PROM : Panasonic PAX SYSTEM PHONE NO. : 8610701 Mar. 02 2000 05:18AM P2 The main elements of AB 1939 are: (a) AB 1939 declares that the intem of the Legislature and the policy of the stale is to place Primary emphasis on implementation of waste diversion programs to efficiently utilize limited local resources, and not to require local agencies to go to extraordinary lengths to ensure mathematical compliance with the requirements of AB 939, as amended. (b) To encourage development of alternatives to landfilling and incineration, AB 1939 would allow the required 50 percent diversion rate to include diversion through non -bean transformation, as defined, if specified conditions ane met with regard to the project and the residues generated from the project (c) AB 1939 would revise the conditions for the issuance of a compliance order to a jurisdiction by requiring the California Integrated Waste Management Board (CIWMB) to issue an order only after the CIWMB adopts written findings, based on substantial evidence on the record, that the jurisdiction has failed to make a good faith effort to implement its Source Reduction and Recycling Element (SRRE) or its Household Hazardous Waste Element (H>•iWE). As part of its good faith evaluation, the CIWMB must also consider the impact of the Disposal Reporting System. Additionally, the Bill would provide that a jurisdiction is deemed to be impleincnting those elements if it has executed specified programs identified in its SRRfi or HHWE or certain alternative programs as agreed upon by the jurisdiction and the CIWMB. The proposal would further require the CIWIv!$ to inview and update its April 25, 1995, e farnetnent policy, in regard to measuring compliance with the AB 939 waste reduction rates, on an annual basis with input from local jurisdictions and others to address changes due to legislation, regulations, markets, etc. (d) AB 1939 would require the CIWMB to annually review and, if necessary, update the comprehensive market development plan required under current State law in response to changing market factors or changes in secondary waste materials markets, Also, the Bill would require the CIWMB to forward the revised plan to the L,Viature and to local agencies. (e) AB 1939 would require the CIWMB to establish a regional office in Los Angeles County, subject to availability of funds. (fl AB 1939 would require the CIWMB to include, in its annual progress reports to the L.egislatrae, a report evaluating the accuracy and effectiveness of the Disposal Reporting System adopted by the CIWMB, including recoaamendations to address any deficiencies in the system #33205 VI.- SWTF Memo on AB I939 SOUTHERN CAUFORNIA ASSOCIATION Of GOVERNMENTS 04 FROM ; Pana Sonic FAX SYSTEM PHONE NO. : 8610701 Mar. 02 2000 05:19AM P3 SAMPLE RESOLUTION SUPPORTING AB 2939 WHEREAS, the City/County of supports AB 1939, introduced by Assembly Member Vincent of the California Legislature and sponsored by the County of Los Angeles; and WHEREAS, the California Waste Management Act of 1989 (AB939) requires cities and counties to divert 25 and 50 percent of their solid waste from landfills or "transformation" facilities by 1995 and the year 2000. respectively; and WHEREAS, the failure to comply with the Act's requirements, including mathematically substantiating achievement of the waste diversion mandates, may subject a local jurisdiction to penalties of up $10,000 per day; and WHEREAS, several Southern California jurisdictions have struggled to meet the 50% requirement for several reasons. including; concerns by local jurisdictions regarding the accuracy of the reporting system in determining and quantifying the waste by jurisdiction and a whole host of problems associated with numerical accounting; and WHEREAS, AB 1939, declares the intent of the Legislature to place primary emphasis on implementation of waste diversion programs to efficiently utilize limited local resources and not to require local agencies to go to extraordinary lengths to ensure mathematical compliance with the requirements of AB 939; and WHEREAS, to encourage development of alternatives to land filling and incineration, AB 1939 would allow the required 50 percent diversion rate to include diversion through no -burn transformation; and WHEREAS, AB 1939 would revise the conditions for the issuance of a compliance order to a jurisdiction by the California Integrated Waste Management Board (CMNIB), based upon substantial evidence on the record that the jurisdiction has failed to make a good faith effort to implement Source Reduction and Recycling Element or its Household Hazardous Waste Element; and WHEREAS, the proposal would further require the CIWMB to review and update its April 25. 1995, enforcement policy, in regard to measuring compliance with the AB 939 waste reduction rates, on an annual basis with input from local jurisdictions and others, to address changes due to legislation, regulations, markets, etc; and WHEREAS, AB 1939 would require the CIWNM to establish a Southern California regional office, located in Ins Angeles County, subject to availability of funds; and WHEREAS, AB 1939 would require the CrWN B to include, in its annual progress reports to the Legislature, a report evaluating the accuracy and effectiveness of the Disposal Repotting System adopted by the CIWMB, including recommendations to address any deficiencies in the system; FROM : Panasonic FAX SYSTEM PHONE NO. : ee10701 Mar. 02 2000 05:29AN P5 NOW THEREFORE BE IT FURTHER RESOLVED THAT the City/Counry of supports AS 1939 in its efforts to place primary emphasis on the implementation of waste diversion programs, encourage development of alternatives to landfilling and incineration and provide reasonable guidelines for jurisdictions to follow for the purposes of diverting waste. --anct5onic -H,' ter. PHONE NO. : 8610701 Mar. 02 2000 05:20AM P4 SUMMARY OF EXISTING DEFICIENCIES AND PROPOSED LEGISLATIVE REMEDIES ASSEMBLY BILL 1938 (INTRODUCED FEBRUARY 15, 2000) MMARY OF I-XISTING LAW The California Integrated Waste Management Act, commonly known as AS 939, has imposed mandates on each city and county in California to divert 25 and 50 percent, compared to 1990 figures, of solid waste from disposal at landfills or transformation facilities by 1995 and the year 2000, respectively. The Act also stipulated preparation of planning documents, reporting requirements, and measurement methodologies on howto quantify the amount of waste being generated, disposed, and/or diverted. Failure to comply with the Act's requirements, including mathematically substantiating achievement of the waste diversion mandates, may subject the jurisdiction to penalties of up to $10,000 per day. AB 939 also requires each county and the cities within that county to convene a task force to assist, among other things, in coordinating the development of jurisdictions' recycling and other planning documents as well as ensuring a coordinated and cost-effective regional waste management system. The membership of the task force, as required by AB 939, is determined by the county and by a majority of the cities within the county which contain a majority of the incorporated population. In Los Angeles County, this task force which has been in existence since the enactment of AS 939 is known as the Los Angeles County Integrated Waste Management Task Force, LOS ANGELES COUNTY SOLID WASTE MANAGEMENT SYSTEM Los Angeles County is the most populous county in the State and approximately one out of three Californians resides in this County. The County encompasses 88 cities and over 80 unincorporated communities. Los Angeles County is also larger than 42 states in the nation and economically ranks 16 among the world's industrialized countries. Los Angeles County is home to one of the most complex and diverse solid waste management systems in the nation. Residential waste collection is provided by a combination of municipal forces, franchises, and private/independent waste collectorwbaulers who operate on an open -market basis. Commercial waste collection is generally being provided by franchise and independent haulers, mostly under an open - market system. FPOM : Panasonic FAX SYSTEM PHONE NO. : 8610701 Mar. 02 2000 05:28AM P4 SUMMARY OF EXISTING DEFICIENCIES AND PROPOSED LEGISLATIVE REMEDIES ASSEMBLY BILL 1939 (INTRODUCED FEBRUARY 15, 2000) PAGE 2 Businesses and residents in Los Angeles County generate approximately 50,000 tons of solid waste per day (7 -day week). About one-third of the waste is diverted from disposal facilities and the remaining waste is disposed of at in- and out -of -County disposal facilities (approximately 2,500 tons/day at out -of -County facilities and the remainder at in -County permitted disposal facilities which at last count were utilized by over 200 jurisdictions). On a daily basis, approximately 60 percent of collected solid waste in need of disposal is taken to landfills and incineration facilities via transfer stations. The remaining 40 percent is generally delivered directly by self haulers, independent haulers, and others to disposal facilities. A majority of the County's solid waste management facilities are owned and operated by the private sector. SUMMARY OF THE PROBLEM To measure a jurisdiction's compliance with the 50 percent waste diversion mandate, the California integrated Waste Management Board developed the Disposal Reporting System to track the quantities of solid waste disposed by each jurisdiction. Since the implementation of the Disposal Reporting System in 1995, concerns by local jurisdictions have been mounting regarding the accuracy of the System in determining and quantifying the waste by the jurisdiction of origin. The jurisdictions' concerns have been further compounded bythe California Integrated Waste Management Board's heavy emphasis on numerical accounting whose accuracy has clear and substantial limitations. In order to insure mathematical compliance with the waste reduction mandates of the Act and avoid potential penalties, each waste collector must accurately quantify the amount of waste collected from each customer (truck with scale) and by jurisdiction of origin (customer's site address). in an urbanized area such as Los Angeles County with 88 cities, over 80 unincorporated communities, over 160 independent haulers, and many thousands of self haulers and contractors, implementation of such a system is not practical, economically not feasible, and will exhaust local resources that can best be used to implement waste reduction programs which is the fundamental goal of AB 939. The County and the 88 cities in Los Angeles County must be commended for their efforts and support to insure full compliance with the requirements of the Act while continuously striving to maximize their waste diversion efforts. As a result, waste disposal in Los Angeles County has been reduced by one-third compared to 1990 quantities. However, we must also recognized that there will remain a need for landfills to insure proper management of residuals waste remaining after all diversion activities have been completed. FROM : Panasonic FAX SYSTEM PHONE N0. : 8610701 Mar. 02 2000 05:2-H'' SUMMARY OF EXISTING DEFICIENCIES AND PROPOSED LEGISLATIVE REMEDIES ASSEMBLY BILL 1939 (INTRODUCED .FEBRUARY 15, 2000) PAGE 3 In order to minimize our needs for landfill capacity, efforts to increase diversion activities must be expanded by promoting development of alternative disposal technologies, i.e., transformation. However, under the current law, transformation includes "incineration" and as such is considered "disposal." Additionally, jurisdictions utilizing facilities are allowed to claim notmore than ten percent diversion credit (toward the 50 percent diversion mandate) for the waste managed at these facilities. Because of these limitations, development of new transformation facilities in California has come to halt. Non -bum transformation technologies divert waste from landfills and incinerators and, therefore, should be eligible for full diversion credit. This change to the Statute would also greatly enhance development of these technologies. In addition to the issues listed, many local jurisdictions find that to get their concerns properly responded to by the Waste Board, they must attend meetings in Sacramento due to the lack of a local Waste Board office in Southern California. This has created a financial hardship for many jurisdictions in the County. Since Los Angeles County (88 cities and the County) provides approximately one-third of the Waste Board's budget which is being funded by imposition of fees on solid waste generated in Los Angeles County, then it is justifiable and necessary for the Waste Board to maintain a local (or regional) office in Los Angeles County. SUMMARY OF NEEDED ACTION Since the enactment of AB 939, the cities in Los Angeles County, the County, and the Los Angeles County integrated Waste Management Task Force have gained substantial experience developing and implementing a wide range of innovative waste ,diversion programs, many of which are being used as models throughout the nation. So far, these programs have helped jurisdictions make tremendous progress toward achieving the 50 the 50 cent Ercent. However, getUng r challenge which further compounded due tort lack of maintaining diversion marketsdequate as 9 frdiverted materials. In recognition of the jurisdictions' concerns with the Waste Board's Disposal Reporting System, the Act's requirements to insure mathematical compliance with its waste reduction mandates, and other factors listed in previous sections, the Los Angeles County Integrated -- . -en., On ;, c - ; , � r o = PHONE NO. : 8610701 Mar. 02 2000 05 : 27AM PS SUMMARY OF EXISTING DEFICIENCIES AND PROPOSED LEGISLATIVE REMEDIES ASSEMBLY BILL 1939 (INTRODUCED FEBRUARY 16, 2000) PAGE 4 Waste Management Task' Force adopted a series of recommendations to address jurisdictions' concerns on May 20, 1999. Subsequently, the recommendations were adopted by many jurisdictions in Los Angeles and Ventura Counties, the Southern California Association of Governments, and the Los Angeles County Board of Supervisors which took formal action on July 27, 1999, see attachment. The Los Angeles County Integrated Waste Management Task Force's recommendations were formulated after extensive consultation with cities in Los Angeles County, the County, waste management industries, and the public. The recommendation includes measures that can be implemented at local level and/or by the Waste Board to remedy those deficiencies that do not require changes in State law. The recommendation also included a number of proposals requiring State legislative actions that have been formulated into the Los Angeles County legislative proposal. These are: • AB 1939 declares that the intent of the Legislature and the policy of the State is to place primary emphasis on implementation of waste diversion programs to efficiently utilise limited local resources and not to require local agencies to go to extraordinary lengths to ensure mathematical compliance with the requirements of AS 939, as amended. • To encourage development of alternatives to landfilling and incineration, AS 1939 would allow the required 50 percent diversion rate to include diversion through non - bum transformation, as defined, if specified conditions are met with regard to the Project and the residues generated from the project. AB. 1939 would revise the conditions for the issuance of a "compliance order" to a jurisdiction by requiring the Waste Board to issue an order only after the Waste Board adopts written findings, based on substantial evidence on the record, that the jurisdiction has failed to make a good faith effortto implement its Source Reduction and Recycling Element (SRRE) or its Household Hazardous Waste Element (HHWE). As a part of its good faith evaluation, the Waste Board must also consider the impact of the Disposal Reporting System. Additionally, the Bill would provide that a jurisdiction is deemed to be implementing those elements if it has executed specked programs identified in its SRRE or HHWE or certain altemative programs as agreed upon by the jurisdictions and the Waste Board. The proposal would further require the Waste Board to review and update its April 25, 1995, enforcement policy, in regard to measuring compliance with the AB 939 waste reduction rates, on an annual basis with input from local jurisdictions and others to address changes due to legislation, regulations, markets, etc. FROM : Panasonic FAX SYSTEM PHONE NO. : 8610701 Mar. 02 2000 05:�:.H" -� SUMMARY OF EXISTING DEFICIENCIES AND PROPOSED LEGISLATIVE REMEDIES ASSEMBLY BILL 1939 (INTRODUCED FEBRUARY 15, 2000) PAGE 5 • AS 1939 would require the Waste Board to annually review and, if necessary, update the comprehensive market development plan required under current State law, in response to changing marketfactors or changes in secondarywaste materials markets. Also, the Bill would require the Waste Board to forward the revised plan to the Legislature and to local agencies. • AS 1939 would require the Waste Board to establish a regional office in Los Angeles County subject to availability of funds. • AB 1939 would require the Waste Board to include in its annual progress reports to the Legislature a report evaluating the accuracy and effectiveness of the Disposal Reporting System adopted by the Waste Board including recommendations to address any deficiencies in the system_ MMM:mal AB939.MMM.021700 AB 2067 Assembly Bili - INTRO-) . BILL NUMBER: AB 2067 lldTRCIDJCED BILL TEXT INTRODUCED BY Assembly N:enber Washington FEB RUAR,f 22, 2000 An act to amend Sections 40001, 40201, 40503, 40507, 41780.1, 41783, 41825, 41850, and 42006 of, and to add Sections 40150.1 and 41825.1 to, the Public Resources Code, relating to solid waste. LEGISLATIVE COUNSEL'S DIGEST AB 2067, as introduced, Washington. Solid waste diversion requirements: nonburn transformation: County of Los Angeles. (1) The existing California Integrated Waste Management Act of 1989, which is administered by the California Integrated Waste Management Board, establishes an integrated waste management program. The act requires each city, county, city and county, and regional agency, if any, to develop a source reduction and recycling element of an integrated waste management plan containing specified components. For the first revision of the element, those entities are required to divert, by January 1, 2000, from disposal or transformation, 50% of the solid waste through source reduction, recycling, and composting subject to the element, except as specified. Existing law defines transformation as including incineration, pyrolysis, distillation, gasification, or biological conversion. This bill would allow the 50% diversion amount requirement for the County of Los Angeles, and the cities and regional agencies located within that county, to include diversion through nonburn transformation, as defined, if specified conditions are met with regard to the project and the residues generated from the project. The bill would revise the definition of transformation, for purposes of this exemption, to exclude nonburn transformation, for purposes of measuring compliance with the act's diversion requirements. (2) Existing law requires the board to maintain headquarters in Sacramento and authorizes the board to establish regional offices. This bill would require the board to establish a regional office in the County of Los Angeles, subject to the availability of funds. (3) Existing law requires the board to file annual progress reports with the Legislature covering the activities and actions undertaken by the board in the prior fiscal year. The board is required to adopt regulations requiring practices and procedures for performing periodic tracking surveys on the disposal tonnages that are disposed of at each disposal facility. This bill would require the progress report to also include a report evaluating the accuracy and effectiveness of the disposal reporting system adopted by the board with regard to the County of Los Angeles and the cities and regional agencies located within that county, including recommendations to address any deficiencies in the system. (4) Existing law requires the board to issue an order of compliance if the board finds that a city, county, or regional agency has failed to implement its source reduction and recycling element or household hazardous waste element in the integrated waste management plan. The board is also authorized to impose administrative civil penalties upon a city or county that fails to implement those elements, and in determining whether or not to impose http://www.legi nfo.ca.gov/pub/bill/asmlab_2051-2100/ab_2067_bill_20000222_introduced.html 3/3/00 H.-; LUb / tissem :). y = >.... - _-N any penalties, -tic hoa::i :.s :required to consider only those relevant circumstances t1 at. hav'? prevcnzed a city, county, or regional agency ::rom meeting th=_ requ_i:rements D:: the act, including the enforcement criteria inclad=_d in t.ie board's enforcement policy. Phis bill Rodd revise the ::onditions for the issuance of a compliance order V7ith r=-gard to the County of Los Angeles and the cities and regi --nal ag=_ncies lcrated within that county, to instead :'equire the board tc iasue an D: --der if the board adopts written :=indings, based ori Eubstant.Lal evidence in the record, that the County of Los A-gelEs, or a cit, or regional agency located within ._hat county, ha= failed tc make a good faith effort to implement .hose elements. �hE bill would provide that the County of Los ,kngeles, or a city cr regional .agency located within that county, is deemed to be implemEming those elements if it has executed specified programs identified :in the reduction or hazardous waste element or certain alternative p:rcgrams. The bill would additionally require :.he board to cons:_de::, in imposing those civil penalties with regard to the County of Lo; Angeles, or a city or regional agency located within that county, the findings and recommendations in the progress report concerning the disposal reporting system and would require the board to annually update the enforcement criteria included in the enforcement policy with regard to the County of Los Angeles, or a city or regional agency located within that county. (5) Existing law :requires the board to develop a comprehensive market development plan using existing resources, that will stimulate market demand in •=he state for postconsumer waste material and secondary waste material generated in the state, including specified goals. The plan ;is required to include provisions for periodic review and revision in response to changing market factors or actual changes in secondary waste materials markets. This bill would, with regard to the County of Los Angeles, or a city or regional agency located within that county, require the board to annually review, and, if necessary, update the plan, in response to those changes, and to forward the revised plan to the Legislature, the county, and to specified local agencies. (6) The bill would make a related statement of legislative intent. Vote: majority. Appropriation: no. Fiscal committee: yes. State -mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 40001 of the Public Resources Code is amended to read: 40001. (a) The Legislature declares that the responsibility for solid waste management is a shared responsibility between the state and local governments. The state shall exercise its legal authority in a manner that ensures an effective and coordinated approach to the safe management of all solid waste generated within the state and shall oversee the design and implementation of local integrated waste management plans. (b) The Legislature further declares that it is the policy of the state to assist local governments in minimizing duplication of effort, and in minimizing the costs incurred, in implementing this division through the development of regional cooperative efforts and other mechanisms which comply with this division. (c) The Legislature further declares that market development is the key to successful and cost-effective implementation of the X25 pereeflb and 59 r -_ _ ___ _ 25 percent and 50 percent diversion requirements required pursuant to Section 41780, and that the state must take a leadership role, pursuant to .: c.` G c 'J.. http://www.leginfo.ca.gov/publbill/asmlab_2051-2100/ab_2067_bill_20000222_introduced.htm] 3/3/00 .-'age.) o:: - „, Chapter 1 (commencing with Sec�Lon 42000) of Part 3, 4i°t by having the primary responsibility, with local agencies having a supplementary role, for encouraging the development and expansion of markets for recycled products by working cooperatively with the public, private, and nonprofit sectors. (d) The Legislature further declares that it is the policy of the state, and the intent of the Legislature, to place primary emphasis on implementation of waste diversion programs to efficiently utilize limited local resources, and not to require local agencies within the County of Los Angeles to go to extraordinary lengths to ensure mathematical compliance with the requirements of Section 41780. SEC. 2. Section 40150.1 is added to the Public Resources Code, to read: 40150.1. "Nonburn transformation," for the purpose of subdivision (e) of Section 41780.1, means pyrolysis, distillation, gasification, or biological conversion. "Nonburn transformation" does not include incineration, composting, or biomass conversion. SEC. 3. Section 40201 of the Public Resources Code is amended to read: 40201. (a) Except as provided in subdivision (b), "transformation" means incineration, pyrolysis, distillation, gasification, or biological conversion other than composting. (b) "Transformation" does not include eempesting or b}etnesee+an�=e -.-. . any of the following: (1) Composting. (2) Biomass conversion. (3) Nonburn transformation, for the purpose of subdivision (e) of Section 41780.1. SEC. 4. Section 40503 of the Public Resources Code is amended to read: 40503. The board shall maintain its headquarters in the County of Sacramento, and may establish regional offices in any part of the state that the board deems necessary. Subject to the availability of funds, the board shall establish a regional office in the County of Los Angeles. SEC. 5. Section 40507 of the Public Resources Code is amended to read: 40507. (a) On or before March 1 of each year, the board shall file an annual report with the Legislature highlighting significant programs or actions undertaken by the board to implement programs pursuant to this division during the prior calendar year. The report shall include, but is not limited to, the information described in subdivision (b). (b) The board shall file annual progress reports each January 1 with the Legislature covering the activities and actions undertaken by the board in the prior fiscal year. The board shall prepare the progress reports throughout the calendar year, as determined by the board, on the following programs: (1) The local enforcement agency program. (2) The research and development program. (3) The public education program. (4) The market development program. (5) The used oil program. (6) The planning and local assistance program. (7) The site cleanup program. (c) The progress report shall specifically include, but is not limited to, all of the following information: (1) Pursuant to paragraph (1) of subdivision (b), the status of http://www.leginfo.ca.gov/pub/bill/asmlab_2051-2100/ab_2067_bill_20000222_introduced.html 3/3/00 A.::, L:,10 i i- ssem xy .:,i.__ - ....11 ...�.., .,1 .�.� the certification and evaluation of local enforcement agencies pursuant to Chapter 2 (commencirig with Section 43200) of Part 4. (2) Pursuant to paragraph (2) of subdivision (b), all of the following information: (A) The results of the research and development programs established pursuant to Chapter 13 (commencing with Section 42650) of Part 3. (B) A report on information and activities associated with the establishment of the Plastics Recycling Information Clearinghouse, pursuant to Section 42520. (C) A report on the progress in implementing the monitoring and control program for the subsurface migration of landfill gas established pursuant to Section 43030, including recommendations, as needed, to improve the program. (D) A report on the comparative costs and benefits of the recycling or conversion processes for waste tires funded pursuant to Chapter 17 (commencing with Section 42860) of Part 3. (3) Pursuant to paragraph (3) of subdivision (b), all of the following information: (A) A review of actions taken by the board to educate and inform individuals and public and private sector entities who generate solid waste on the importance of source reduction, recycling, and composting of solid waste, and recommendations for administrative or legislative actions -.oma- that will inform and educate these parties. (B) A report on the effectiveness of the public information program required to be implemented pursuant to Chapter 12 (commencing with Section 42600) of Part 3, including recommendations on administrative and legislative changes to improve the program. (C) A report on the status and effectiveness of school district source reduction and recycling programs implemented pursuant to Chapter 12.5 (commencing with Section 42620) of Part 3, including recommendations on administrative and legislative changes to improve the program's effectiveness. (D) A report on the effectiveness of the integrated waste management educational program and teacher training plan implemented pursuant to Section 42603, including recommendations on administrative and legislative changes which will improve the program. (E) A summary of available and wanted materials, a profile of the participants, and the amount of waste diverted from disposal sites as a result of the California Materials Exchange Program established pursuant to 9 -'--=--= -' e (a) ei Section 42600. (4) Pursuant to paragraph (4) of subdivision (b), all of the following information: (A) A review of market development strategies undertaken by the board pursuant to this division to ensure that markets exist for materials diverted from solid waste facilities, including recommendations for administrative and legislative actions which will promote expansion of those markets. The recommendations shall include, but not be limited to, all of the following: (i) Recommendations for actions to develop more direct liaisons with private manufacturing industries in -the- this state to promote increased utilization of recycled feedstock in manufacturing processes. (ii) Recommendations for actions - that can be taken to assist local governments in the inclusion of recycling activities in county overall economic development plans. (iii) Recommendations for actions to utilize available financial resources for expansion of recycling industry capacity. (iv) Recommendations to improve state, local, and private industry product and material procurement practices. Page 4 of 10 h ttp://www.leginfo.ca. gov/pub/bi I1/asnVab_2051-2100/ab_2067_bill_20000222_introduced.httnl 3/3/00 H.:c L(_1b i tissem Z) -.y z.1_- - -,.-\ ...tt . ,c 1-i J (B) Develo2m=nt and implemeit-ation of a program to assist local ager.cies in tae _;tent:=_ E icat_.on of markets for materials that are diverted from disposa:. Ear_i:.ities through source reduction, recycling, and conpost ag pursaant to Section 40913. (C) A report on the? 3ecycling Market Development Zone Loan Program provided for in-gttb<i-e�&tt-+e- of Section --42 G i H - 42023.1 , pursuant co Ser_ :ion -2023.5 . (D) A report orc impL=_mentation of the Compost Market Program pursuant to Cha;te:r 5 (commencing with Section 42230) of Part 3. (E) A report ori the progress in developing and implementing the comprehensive Mar},et D velopmen. Plan, pursuant to Article 2 of Chapter 1 (commencing with Section 42005) of Part 3. (F) The number of :retreaded ---ires purchased by the Department of General Services during the prior fiscal year pursuant to Section ,12414. (G) The results cf the study performed in consultation with the Department of General Services pursuant to Section 42416 to determine If tire retreads, proc'ared by the department, have met all quality and performance criteria cf a new tire, including any recommendations _o expand, revise, or curtail the program. (H) The number of recycled lead -acid batteries purchased during _he prior fiscal year by the Department of General Services pursuant zo Section 42443.. (I) A list of established price preferences for recycled paper .products for the prior fiscal year pursuant to paragraph (1) of subdivision (c) of Section 12162 of the Public Contract Code. (J) A report on the implementation of the white office paper recovery program pursuant to Chapter 10 (commencing with Section 42560) of Part 3. (5) Pursuant to paragraph (5) of subdivision (b), both of the following information: (A) A report on the annual audit of the used oil recycling program established pursuant to Chapter 4 (commencing with Section 48600) of Part 7. (B) A summary of industrial and lubricating oil sales and recycling rates, the results of programs funded pursuant to Chapter 4 (commencing with Section 48600) of Part 7, recommendations, if any, for statutory changes to the program, including changes in the amounts of the payment required by Section 48650 and the recycling incentive, and plans for present and future programs to be conducted over the next two years. (6) Pursuant to paragraph (6) of subdivision (b), all of the following information: (A) The development by the board of the model countywide or regional siting element and model countywide or regional agency integrated waste management plan pursuant to Section 40912, including its effectiveness in assisting local agencies. (B) The adoption by the board of a program to provide assistance to cities, counties, or regional agencies in the development and implementation of source reduction programs pursuant to subdivision (b) of Section 40912. (C) The development by the board of model programs and materials to assist rural counties and cities in preparing city and county source reduction and recycling elements pursuant to Section 49914 40912 . (D) A report on the number of tires that are recycled or otherwise diverted from disposal in landfills or stockpiles. (E) A report on the development and implementation of recommendations, with proposed implementing regulations, for providing technical assistance to counties and cities that meet - alone J U.. _ http://www.leginfo.ca.gov/pubibill/asnVab_2051-2100/ab_2067_bill-20000222_introduced.html 3/3/00 AB 2067 Assembly Bill - INTRODUCED criteria specified in Section 41782, so that those counties and cities will be able to meet the objectives of this division. The recommendations shall, among other things, address both of the following matters: (i) Assistance in developing methods of raising revenue at the local level to fund rural integrated waste management programs. (ii) Assistance in developing alternative methods of source reduction, recycling, and composting of solid waste suitable for rural local governments. (F) A report on the status and implementation of the "Buy Recycled" program established pursuant to subdivision (d) of Section 42600, including the waste collection and recycling programs established pursuant to Sections 12164.5 and 12165 of the Public Contract Code. (G) A report evaluating the accuracy and effectiveness of the disposal reporting system adopted by the board pursuant to subdivision (d) of Section 41821.5, and analyzing its impact on the ability of the County of Los Angeles, and the cities and regional agencies located within that county, to meet the requirements of Section 41780. The report shall include recommendations developed in partnership with municipalities, nonprofit organizations, and private entities located within the County of Los Angeles to address any deficiencies in the disposal reporting system. (7) Pursuant to paragraph (7) of subdivision (b), a description of sites cleaned up under the Solid Waste Disposal and Codisposal Site Cleanup Program established pursuant to Article 2.5 (commencing with Section 48020) of Chapter 2 of Part 7, a description of remaining sites where there is no responsible party or the responsible party is unable or unwilling to pay for cleanup, and recommendations for any needed legislative changes. SEC. 6. Section 41780.1 of the Public Resources Code is amended to read: 41780.1. (a) Notwithstanding any other requirement of this part, for the purposes of determining the amount of solid waste that a regional agency is required to divert from disposal or transformation through source reduction, recycling, and composting to meet the diversion requirements of Section 41780, the regional agency shall use the solid waste disposal projections in the source reduction and recycling elements of the regional agency's member agencies. The method prescribed in Section 41780.2 shall be used to determine the maximum amount of disposal allowable to meet the diversion requirements of Section 41780. (b) Notwithstanding any other requirement of this part, for the purposes of determining the amount of solid waste that a city or county is required to divert from disposal or transformation through source reduction, recycling, and composting to meet the diversion requirements of Section 41780, the city or county shall use the solid waste disposal projections in the source reduction and recycling elements of the city or county. The method prescribed in Section 41780.2 shall be used to determine the maximum amount of disposal allowable to meet the diversion requirements of Section 41780. (c) To determine achievement of the diversion requirements of Section 41780 in 1995 and in the year 2000, projections of disposal amounts from the source reduction and recycling elements shall be adjusted to reflect annual increases or decreases in population and other factors affecting the waste stream, as determined by the board. By January 1, 1994, the board shall study the factors which affect the generation and disposal of solid waste and shall develop a standard methodology and guidelines to be used by cities, counties, and regional agencies in adjusting disposal projections as required by this section. (d) The amount of additional diversion required to be achieved by a regional agency to meet the diversion requirements of Section 41780 Wage b o* ..0 http://www.leginfo.ca.gov/pub/bill/asnVab_2051-2100/ab_2067_bill_20000222_introduced.html 3/3/00 AB 2067 Assembly Bill -_V! - C -_ -) shall be equal :o the ;.im o:= tae diversion requirements of its member agencies. Tc determ.Lne 1 --he maximum amount of disposal allowable for the rECIlDnal agency to meet the diversion requirements of Section 41780, tYe .naximwn amount of disposal allowable for each member agency sha_l be adced together to yield the agency disposable maximum. (e) Notwithstanding any Dther provision of law, the amount of solid waste that the County of Los Angeles, or a city or regional agency located with; -2 that oounty, is required to divert to meet the 50 percent diversion requirement specified in paragraph (2) of subdivision (a) of Section 41780 may include solid waste that is diverted using nonburn transformation, if the project complies with the requirements of Section 44150, except that, for purposes of such a nonburn transformation project's compliance with those requirements, the term "transformation," as used in Section 44150, includes nonburn transformation. SEC. 7. Section 41783 of the Public Resources Code is amended to read: 41783. —Fel,- Except as provided in subdivision (e) of Section 41780.1, for any city, county, or regional agency source reduction and recycling element submitted to the board after January 1. 1995, the 50 percent diversion requirement specified in paragraph (2) of subdivision (a) of Section 41780 may include not more than 10 percent through transformation, as defined in Section 40201, if all of the following conditions are met: (a) The transformation project is in compliance with Sections 21151.1 and 44150 of this code and Section 42315 of the Health and Safety Code. (b) The transformation project uses front-end methods or programs to remove all recyclable materials from the waste stream prior to transformation to the maximum extent feasible. (c) The ash or other residue generated from the transformation project is routinely tested at least once quarterly, or on a more frequent basis as determined by the agency responsible for regulating the testing and disposal of the ash or residue, and, notwithstanding Section 25143.5 of the Health and Safety Code, if hazardous wastes are present, the ash or residue is sent to a -elassz hazardous waste disposal facility that is classified as a class 1, landfill in accordance with Chapter 15 (commencing with Section 2510) of Division 3 of Title 23 of the California Code of Regulations . (d) The board holds a public hearing in the city, county, or regional agency jurisdiction within which the transformation project is proposed, and, after the public hearing, the board makes both of the following findings, based upon substantial evidence on the record: (1) The city, county, or regional agency is, and will continue to be, effectively implementing all feasible source reduction, recycling, and composting measures. (2) The transformation project will not adversely affect public health and safety or the environment. (e) The transformation facility is permitted and operational on or before January 1, 1995. (f) Th6 city, county, or regional agency does not include biomass conversion, as authorized pursuant to Section 41783, in its source reduction and recycling element. SEC. 8. Section 41825 of the Public Resources Code is amended to read: 41825. orb Except as provided in Section 41825.1, at least once every two years, the board shall review each city, county, or regional agency source reduction and recycling element and household hazardous waste element. If, after a public hearing, which, to the extent possible, is held in the local or http://www.leginfo.ca.gov/pubibi 11/asmlab_2051-2100/ab_2067_bill_20000222_introduced.html 3/3/00 Pussein x) S .�, „'—„ - regional agency's jurisdiction, the board finds that the city, county, or regional agency has failed to implement its source reduction and recycling element or its household hazardous waste element, the board shall issue an order of compliance with a specific schedule for achieving compliance. The compliance order shall include those conditions which the board determines to be necessary for the local agency or regional agency to complete in order to implement its source reduction and recycling element or household hazardous waste element. SEC. 9. Section 41825.1 is added to the Public Resources Code, to read: 41825.1. (a) At least once every two years, the board shall review the source reduction and recycling element and household hazardous waste element of the County of Los Angeles and each city and regional agency located within that county. If, after a public hearing, which, to the extent possible, is held in the local or regional agency's jurisdiction, the board adopts written findings, based on a substantial evidence in the record that the County of Los Angeles, or a city or regional agency located within that county, has failed to make a good faith effort, as defined in Section 41850.1, to implement its source reduction and recycling element or its household hazardous waste element, the board shall issue an order of compliance with a specific schedule for achieving compliance. (b) For purposes of subdivision (a), the County of Los Angeles, or a city or regional agency located within that county, shall be deemed to be implementing its source reduction and recycling element or household hazardous waste element, if the county, city, or regional agency has executed those selected programs identified in the source reduction and recycling element or household hazardous waste element that is approved by the board, or suitable alternative programs mutually agreed upon by the board and the county, city, or regional agency. (c) A compliance order issued pursuant to subdivision (a) shall include those conditions that the board determines to be necessary for the County of Los Angeles, or a city or regional agency located within that county, to complete in order to implement its source reduction and recycling element or household hazardous waste element. SEC. 10. Section 41850 of the Public Resources Code is amended to read: 41850. (a) Except as specifically provided in Section 41813, if, after holding the public hearing and issuing an order of compliance pursuant to Section 41825 or 41825.1 , the board finds that the city, county, or regional agency has failed to implement its source reduction and recycling element or its household hazardous waste element, the board may impose administrative civil penalties upon the city or county or, pursuant to Section 40974, upon the city or county as a member of a regional agency, of up to ten thousand dollars ($10,000) per day until the city, county, or regional agency implements the element. (b) In determining whether or not to impose any penalties, or in determining the amount of any penalties imposed under this section, including any penalties imposed due to the exclusion of solid waste pursuant to Section 41781.2 which results in a reduction in the quantity of solid waste diverted by a city, county, or regional agency, the board shall consider only those relevant circumstances which have prevented a city, county, or regional agency from meeting the requirements of this division, including the diversion requirements of paragraphs (1) and (2) of subdivision (a) of Section 41780, including, but not limited to, all of the following: (1) Natural disasters. (2) Budgetary conditions within a city, county, or regional agency which could not be remedied by the imposition or adjustment of solid Page 8 of 10 http://www.leginfo.ca.gov/pub/billiasmJab_2051-2100/ab_2067_bill_20000222_introduced.html 3/3/00 A_7i 2Ub J ASSem:)..y waste fees. (3) Work sto;:;peLges w. --:-ch d.iroctly prevent a city, county, or :-egional agency frorr im,-.1-_ementing its source reduction and recycling element or household ]i3.zardous waste element. (4) The impa_t of tie failure of federal, state, and other local agencies locate'. within the jurisdiction to implement source :-eduction and r_cyclinj prograns in the jurisdiction on the host jurisdiction's ab_.lity to meet .he requirements of paragraph (2) of subdivision (a) o:` Sectior. 41780. (5) With regard to the County of Los Angeles, and any city or regional agency loco ted within that county, the findings and recommendaticns cf t;he report prepared pursuant to subparagraph (G) of paragrap? (6) of subdivision (c) of Section 40507 and the impact of the disposal reporting system adopted by the board pursuant to Section 41821.5 cal t:.hose -'urisdictions' ability to meet the requirements of Eectcion 4i 780. (c) In ac.diti.cn to the factors specified in subdivision (b), the board shall consider all of the following: (1) (A) TY:.e ex::ent to which a city, county, or regional agency has made good faith efforts to implement its source reduction and recycling element oi.- hcusehold hazardous waste element. (B) (i) For the purposes of this paragraph, "good faith efforts" means all reascnGale and feasible efforts by a city, county, or regional agency to ;mplement those programs or activities identified in its source reducticn and recycling element or household hazardous waste element., or a;ternative programs or activities that achieve the same or similar results. (ii) For purposes cf this paragraph, "good faith efforts" may also include the evaluation_ by a city, county, or regional agency of improved technology for the handling and management of solid waste that would reduce costs, improve efficiency in the collection, processing, or marketing of recyclable materials or yard waste, and enhance the ability of the city, county, or regional agency to meet the diversion requirements of paragraphs (1) and (2) of subdivision (a) of Section 41780, provided that the city, county, or regional agency has submitted a compliance schedule pursuant to Section 41825 or 41825.1 , and has made all other reasonable and feasible efforts to implement the programs identified in its source reduction and recycling element or household hazardous waste element. (iii) in Except as provided in clause (iv), in determining whether a jurisdiction has made a good faith effort, the board shall consider the enforcement criteria included in its enforcement policy, as adopted on April 25, 1995, or as subsequently amended. (iv) With regard to determining whether the County of Los Angeles, or a city or regional agency within that county, has made a good faith effort, the board shall consider the enforcement criteria in its enforcement policy, which shall be updated on January 1, 2001, and on or before January 1, annually thereafter. The board, in consultation with local agencies, the solid waste industry, and nonprofit organizations, shall conduct the update of the enforcement criteria pursuant to this clause to reflect any applicable changes in state law. (2) The extent to which a city, county, or regional agency has implemented additional source reduction, recycling, and composting activities to comply with the diversion requirements of paragraphs (1) and (2) of subdivision (a) of Section 41780. (3) The extent to which a city, county, or regional agency is meeting the diversion requirements of paragraphs (1) and (2) of subdivision (a) of Section 41780. (4) Whether the jurisdiction has requested and been granted an extension to the requirements of Section 41780, pursuant to Section http://www.leginfo.ca.gov/pub/bill/asmlab_2051-2100/ab_2067_bill_20000222_introduced.html 3/3/00 AB 2067 Assembly Bill - INTROD°-CED 41820, or an alternative recfairement to Section 41780, parsuant to Section 41785. SEC. 11. Section 42006 o_ the Public Resources Code is amended to read: 42006. (a) The plan required by Section 42005 shall describe and prioritize actions that sho'ild be undertaken to meet the goals specified in subdivision (b) of Section 42005. (b) ire-- Except as provided in subdivision (c), the plan shall include provisions for periodic review and revision in response to changing market factors or actual changes in secondary waste materials markets. (c) The board shall review the plan as it applies to the County of Los Angeles and the cities and regional agencies within that county annually, and, if necessary, update the plan in response to changing market factors or actual changes in secondary waste materials markets. The board shall forward the revised plan to the Legislature, to the County of Los Angeles, and to all cities and regional agencies within that county. SEC. 12. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of subdivision (b) of Section 16 of Article IV of the California Constitution, due to the following facts: (a) One in three Californians live in the County of Los Angeles and 55,000 tons of solid waste are generated within the county each day. (b) The management of these solid wastes in these large amounts poses significant hurdles for each of the County of Los Angeles, 88 cities and unincorporated communities. (c) The limited resources of the County of Los Angeles should be dedicated towards establishing and implementing effective solid waste diversion programs, instead of using those limited resources for solid waste management accounting. http://www.leginfo.ca.gov/pub/bill/asmlab_2051-2100/ab_2067_bill_20000222_introduced.html 3/3/00 REDEVELOPMENT AGENCY OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE BOARD OF DIRECTORS 4�y FEBRUARY 15, 2000 1. CALL TO ORDER: Chairman Huff called the meeting to order at 9:39 p.m. in the South Coast Air Quality Management District Auditorium, 21865 E. Copley Drive, Diamond Bar, California. K 3. 4. 5. 6. 7. ROLL CALL: Agency Members Ansari, Herrera, O'Connor, Vice Chairman Chang and Chairman Huff. Also present were: Terrence L. Belanger, Executive Director; Mike Jenkins, Agency Attorney; James DeStefano, Deputy City Manager; David Liu, Deputy Director of Public Works; Bob Rose, Community Services Director; Linda Magnuson, Finance Director; Mike Nelson, Communications & Marketing Director and Lynda Burgess, Agency Secretary. PUBLIC COMMENTS: None CONSENT CALENDAR: AM/O'Connor moved, VC/Chang seconded, to approve the Consent Calendar as presented. Motion carried by the following Roll Call vote: AYES: AGENCY MEMBERS - Ansari, Herrera, O'Connor, VC/Chang, Chair/Huff NOES: AGENCY MEMBERS - None ABSENT: AGENCY MEMBERS - None 3.1 APPROVED MINUTES - Regular Meeting of February 1, 2000 - As submitted. 3.2 APPROVED VOUCHER REGISTER - dated February 15, 2000 in the amount of $23,213.19. PUBLIC HEARINGS: None OLD BUSINESS: None NEW BUSINESS: None AGENCY MEMBER COMMENTS: AM/O'Connor expressed her frustration with the pending litigation involving the Redevelopment Agency. FEBRUARY 15, 2000 PAGE 2 REDEVELOPMENT AGENCY ADJOURNMENT: There being no further business to conduct, Chair/Huff adjourned the meeting at 9:41 p.m. ATTEST: Chairman LYNDA BURGESS, Agency Secretary DIAMOND BAR REDEVELOPMENT AGENCY AGENDA REPORT AGENDA N0. E3 .,3 TO: Terrence L. Belanger, Executive Director MEETING DATE: March 07, 2000REPORT DATE: February 23, 2000 `x` FROM: Linda G. Magnuson; Finance Director TITLE: Treasurer's Report — January 31, 2000 SUMMARY: Submitted for the Redevelopment Agency Board's review and approval is the Treasurer's Statement for the month of January 2000. RECOMMENDATION: Review and approve. LIST OF ATTACHMENTS: X Staff Report _ Resolution(s) Ordinance(s) Agreement(s) SUBMITTAL CHECKLIST: _ Public Hearing Notification _ Bid Specification (on file in City Clerk's office) Other: 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? 2. Does the report require a majority vote? 3. Has environmental impact been assessed? N/A 4. Has the report been reviewed by a Commission? N/A Which Commission? 5. Are other departments affected by the report? N/A Report discussed with the following affected departments: REVIEWED BY: . g Terrence L. Belanger Executive Director DEPARTMENT HEAD: Linda G. MagnusorO Finance Director —Yes —No Yes _ No Yes _ No _ Yes _ No Yes —No DIAMOND BAR REDEVELOPMENT AGENCY REPORT AGENDA NO. MEETING DATE: March 07, 2000 TO: Chairman and Members of the Board FROM: Terrence L. Belanger, Executive Director SUBJECT: Treasurer's Statement — January 31, 2000 ISSUE STATEMENT: Per Agency policy, the Finance Department presents the monthly Treasurer's Statement for the Redevelopment Agency Board's review and approval. RECOMMENDATION: Approve the January 2000 Treasurer's Statement. FINANCIAL SUMMARY: No fiscal impact. BACKGROUND: Submitted for the Board's review and approval is the Treasurer's Statement for the month of January 2000. This statement shows the cash balances for the Redevelopment Agency, with a breakdown of bank account balances, investment account balances and the effective yield earned from investments. PREPARED BY: Linda G. Magnuson DIAMOND BAR REDEVELOPMENT AGENCY TREASURER'S MONTHLY CASH STATEMENT January 31, 2000 BEGINNING TRANSFERS ENDING BALANCE RECEIPTS DISBURSEMENTS 1N (002 BALANCE REDEVELOPMENT AGENCY CIPFID $1,167,238.36 $30,135.75 $27,998.68 $1,169,375.43 LOW & MOD INCOME HOUSING FD REDEVELOPMENT DEBT SVC FD - TOTALS DEMAND DEPOSITS: INVESTMENTS: 1,167,238.36 $30,135.75 $27,998.68 $0.00 1,169,375.43 GENERAL ACCOUNT TOTAL DEMAND DEPOSITS TIME CERTIFICATES LOCAL AGENCY INVESTMENT FD TOTAL INVESTMENTS TOTAL CASH $160,385.81 1,008,989.62 n nn $160,385.81 $1,008,989.62 $1,169,375.43 Note: The Redevelopment Agency approved a development and disposition agreement with "Triple T Diamond Gate This agreement requires the Agency to invest $983,040.50 in a Time Certificate of Deposit. The agreement provides that the developer guarantee the current LAIF investment yield. L.A.I.F - Effective Yield for January 2000 Certificate of Deposit Yield (11/11/99-05/10/00,1 4f*�Q y - g Terrence L. Belanger, Treasurer () 5,771% 4.550%