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04/03/2001
I= Tuesday, April 3,200:1 5:00 p.m..., Closed Session CC -8 6:00 p.m. — Study Session' CC -8 6:30 p.m. — Regular Meeting South Coast Air Quality Management District Main Auditorium 21865 East Copley Drive Diamond Bar, CA 91765 Mayor Bob Huff Ma or Pro'rC l H y ern errera Council Member Eileen Ansari Council Member Wen Chang Council Member Debby O'Connor Interim City Manager James DeStefano CityAttorney Michael Jenkins City Clerk Lynda' Burgess Copies of staff reports or other written docwmntat on relating to agenda items are on file in the Office of the City Clerk, and are available for public inspection. If you have questions regarding an agenda item, please contact the City Clerk at (909) 860-2489 during regular business hours_ In an effort to comply with the requirements of Title II of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodations) in order to communicate at a City public meeting, must inform Tee Clerk a'minimum of 72 hours priorto the scheduled meeting. I Have online access? City Council Agendas are now available on the City of Diamond :. e• site atwww.CityotDiamondBar.conn Please refrain from smoking, eating or drftrktng in the Council Chambers. The'City ofDiamond Bar uses recycled paper and encourages you to do the same. Next Resolution No. 2001-17 Next Ordinance No. 02(2001) CLOSED SESSION: 5:00 p.m., CC -8 G.C. 54957 - PUBLIC EMPLOYEE APPOINTMENT- Position to be filled: City Manager STUDY SESSION: 6:00 p.m., CC -8 Presentation by Council Member Ansari representing Southern California Association of Governments (SCAG) 2. CALL TO ORDER: 6:30 p.m., April 3, 2001 PLEDGE OF ALLEGIANCE: Mayor INVOCATION: Reverend Mike Schuenemeyer, D.B. Congregational Church ROLL CALL: Council Members Ansari,. Chang, O'Connor, Mayor Pro Tem Herrera, Mayor Huff APPROVAL OF AGENDA: Mayor 3A. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 3.A.1 Introduction of new Sheriff Team Lieutenant, Mike Walker 3.A.2 Performance by South Pointe Middle School Percussion Ensemble directed by Mr. Acciani. 3.A.3 Proclaiming April 2001 as "Sexual Assault Awareness Month." 3.A.4 Proclaiming April 2001 as "Earthquake Preparedness Month." 3.A5 Proclaiming April 1-7, 2001 as "National Library Week." 3.A.6 Certificate of Award for Outstanding Financial Reporting 1999-2000 by CSMFO to the Finance Division. 3.A.7. Introduction of new staff member, Jorge Garcia, Superintendent of Streets. 3B. CITY MANAGER REPORTS AND RECOMMENDATIONS.' APRIL 3, 2001 PAGE 2 4. 4.a PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Although.the City Council values your comments, pursuant to the Brown Act, the Council generally cannot take any action on items not listed on the posted agenda. Please 4.b RESPONSE TO PUBLIC COMMENT: Under the Brown Act, members of the City Council may briefly respond to public comments but no extended discussion and no action on such matters may take place. 5. SCHEDULE OF FUTURE EVENTS: 5.1 COMMUNITY MEETING — Golden Springs Parkway Improvement Project - April 5, 2001 — 6:30 p.m., CC -2, 21865 E. Copley Dr. 5.2 PLANNING COMMISSION — April 10, 2001 — 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.3 CITY ON LINE COMMITTEE — April 11, 2001 6:00 p.m., City Hall Conference Room, 21825 E. Copley Dr. 5.4 TRAFFIC AND TRANSPORTATION COMMISSION —April 12, 2001 — 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. 5.5 DIAMOND BAR LIONS'CLUB/CITY SPONSORED EASTER EGG HUNT - Saturday, April 14, 2001 — 9:00 a.m., Summit Ridge Park, 1425 Summit Ridge Dr. 5.6 CITY HALL OPEN HOUSE — April 17, 2001 — 5:00 to 6:15 p.m., 21825 E. Copley Dr. 5.7 CITY COUNCIL MEETING — April -17,2001 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.8 CITY OF DIAMOND BAR 12TH BIRTHDAY — Apri129, 2001 -12:00 p.m., to 6:00 p.m. — Peterson Park, 24142 E. Sylvan Glen. 6. CONSENT CALENDAR: 6.1 APPROVAL OF MINUTES — Regular Meeting of March 20, 2001 — Approve as submitted. Requested by: City Clerk APRIL 3, 2001 PAGE 3 6.2 PARKS AND RECREATIONCOMMISSION MINUTES— Regular. Meeting of February 13, 2001 - Receive and File Requested by: Community Services Division 6.3 VOUCHER REGISTER — Approve Voucher Register dated April 3, 2001 in the amount of $1,405,093.43. ; Requested by: Finance Division 6.4 TREASURER'S ER'S STATEMENT — Submitted for the City Council's review and approval is the Treasurer's Statement for the month of February 2001. Recommended Action: It is recommended that the City Council review and approve. Requested by: Finance Division 6.5 RESOLUTION NO. 2001 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING SPECIFICATIONS FOR THE 2000-2001 COMMUNITY DEVELOPMENT BLOCK GRANT SIDEWALK INSTALLATION PROJECT IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE' TO RECEIVE BIDS—The 2000-01 Community Development Block Grant (CDBG) is for sidewalk & concrete block slough wall installation and other incidental & appurtenant work necessary for the proper construction of the contemplated improvements on the south side of Golden Spgs. Dr. between Copley Dr. and Gateway Center Dr. Specifications have been prepared by the Public Works Division. Recommended Action: It is recommended that the City Council adopt Resolution No. 2001 -XX Approving specifications for the 2000-2001 Community' Development Block Grant 'Sidewalk Installation Project and authorizing and directing the City Clerk to receive bids. Requested by: Public Works Division 6.6 AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH REMEDY TEMPORARY SERVICES - The City.has been utilizing Remedy to provide temporary secretarial services. Council previously authorized a total contract amount of $21,250.90 to Remedy.` Based upon current and anticipated needs, an additional $13,000 is requested for the Public Works Department/Transportation and the City Clerk's Department. Funding for Transportation ($2,000) will be through Prop A funds and funding for the other departments will come from the General Funds salary savings. This request will cover our needs through the end of June 2001. Upon approval, the final contract amount with Remedy for FY 2000-2001 will be $34,250.90. APRIL 3, 2001 PAGE4 Recommended Action: It is recommended that the City Council approve the contract amendment with Remedy Temporary Services in an amount not -to - exceed $13,000.00. Requested by: Public Works Division 7. PUBLIC.HEARINGS: 7:00 p.m., or as soon thereafter as matters may be heard. 7.1 (a)' SECOND' -READING -OF ORDINANCE NO. 0X(2001) AMENDING DIVISIONS 1 AND 2 OF CHAPTER 12.00 OF TITLE 12 OF THE. DIAMOND BAR MUNICIPAL CODE RELATING TO PARK RULES AND REGULATIONS (COMMERCIAL TENNIS INSTRUCTION) — The first reading of this ordinance was unanimously approved by Council at its March 6, 2001 meeting. This ordinance was developed when, at its meeting on December 19, 2000, Council directed staff to: 1) develop an ordinance to strengthen the prohibition of unauthorized tennis instructors who use the tennis courts in the public parks for their private' financial gain; and 2) develop a method to regulate private tennis instructors who desire to teach lessons at the City's courts. Staff worked with the Sheriff's Department and the Parks & Recreation Commission to develop an ordinance that contains the following elements: (1) Prohibits professional tennis instruction at the City's tennis courts without a permit; (2) Increases the penalty for violating the ordinance from an infraction to a misdemeanor; and (3) Establishes' a Commercial Tennis Instruction Policy. Recommended Action: It is recommended that the City Council approve second reading by title only, waive 'full reading) and adopt Ordinance No. 01 (2001) Amending Divisions 1 and 2 of Chapter 12.00 of Title 12 of the Diamond Bar Municipal Code relating to Park Rules and Regulations (Commercial Tennis Instruction). (b) PUBLIC HEARING - RESOLUTION NO. 2001 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ADOPTING THE COMMERCIAL TENNIS INSTRUCTION POLICY If Ordinance No. 01(2001) in item A of this agenda item regarding Commercial Tennis Instruction is adopted by the City Council, then this resolution establishing the details of the policy for Commercial Tennis Instruction must be considered during a Public hearing. The policy, proposed by staff, and the,, Parks ,& Recreation Commission includes the following elements: (a)' Establishes an hourly fee for court use of $15; $25 per hour with; lights; (b) Requires deposit of $100 per court reserved; (c) Allows use of only one court per park per day for Commercial Tennis Instruction; (d) Limits the use of courts such that Commercial Tennis Instruction will not be allowed 6:00 p.m. to 10:00 p.m. Monday through Friday nor all day on Saturday or Sunday; (e) Requires $1,000,000 liability insurance coverage from the instructor to protect the City; (f) Allows the City to cancel approved ,reservations with 24 hours notice in order to accommodate City needs; (g) Limits reservations to three months APRIL 3 2001 PAGE 5 advance booking; .,(h) requires ten day advance notice for public posting of reserved use. This policy has been set up to allow private tennis instructors the use of public tennis courts for instruction while also preserving the court time necessary for the public to drop in and play tennis. Recommended Action: It is recommended that the City Council open the public hearing, receive public testimony, close the public hearing and adopt Resolution No. 2001 -XX adopting the Commercial Tennis Instruction Policy. Requested by: Community Services Division 8. OLD BUSINESS: 4 8.1 AREA "D" JOINT POWERS AGREEMENT FOR INTER=AGENCY COOPERATION FOR DISASTER PREPAREDNESS - As a result`of the Oakland East Bay Hills Fire in 1995, the State adopted the Standardized Emergency Management System (SEMS) requiring all local governments within a county geographic area to be organized into a single Operational Area. The L.A. County Board of Supervisors established the L.A. County Operational Area on July 5, 1995 to accomplish the objectives of SEMS by promoting greater efficiencies in disaster management, planning, training and preparedness. The proposed amended Joint Powers Agreement (JPA) is a revision of an existing agreement between L.A. County and Area D cities which originated in 1958. Since 1958, several modifications in disaster management have been identified and adopted by the L.A. County Offices of Emergency Management. The proposed JPA incorporates these changes. RECOMMENDATION: It is recommended that the City Council adopt the revised JPA to include the use of SEMS (Standardized Emergency Management System), which became law in 1995 and recognizes the Los Angeles County Operational Area as the lead agency for, disaster management. Requested by: City Clerk 9. NEW BUSINESS: 9.1 SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS PROPOSED DUES ASSESSMENT - The City is a member of the Southern California Association of Governments (SLAG). SCAG is the Metropolitan Planning Organization (MPO) for six counties: L.A., Orange, San Bernardino, Riverside, Ventura, and Imperial. The region encompasses an area of approximately 38,000 sq. mi. and a population of 15 million people. As the MPO, 'SCAG is responsible for preparation and implementation of regional plans for air quality, growth management, hazardous waste management, and transportation planning. SCAG also serves as the regional agency for intergovernmental review of programs for financial assistance and certain development activities, review of specified environmental impact reports, preparation of regional housing needs and waste treatment plans. The City APRIL 3, 2001 PAGE 6 has contributed member dues in the amount of $2,727:00 since 1991. SCAG is now seeking a dues increase in the amount of $1,480.00 (Totalproposed dues are $4,207,00) effective July 1 2001. In addition, SCAG proposes an annual consumer price index adjustment increase effective July 1, 2002. Recommended Action: It is recommended that the City Council send a letter of support to SCAG. Requested by: Mayor Huff 9.2 RECOMMENDATIONS REGARDING PROPOSED LEGISLATION (a) SB 116 (Kuehl) — Department of Parks and Recreation: roads: construction and improvements. This measure may have a dramatic impact on the desire to build a road through the City's Sphere of Influence SB 116 would require that roads that "substantially increase vehicular traffic capacitycould not be built through state parks unless either of the following conditions are met: (1) The Department of Parks determines that the road has been planned to minimize harm to the property and further` determines that the road is necessary to operate the park or is necessary to prevent or suppress fire, or is necessary for the construction of maintenance of utilities; (2) The Secretary of Business, Transportation and Housing and the Secretary of the Resources Agency jointly determine that the road would not likely jeopardize the current uses of the park, that the road includes all feasible planning to minimize harm to the property and that the construction impacts will be mitigated. (b) AB 227 (Longville) -- Transportation Funding._ The League of California Cities recommends support. AB 227 would statutorily and permanently shift the sales tax on gas from the State General Fund to the Transportation Investment Fund created by AB 2928 (Chapter 91, Statutes of 2000) for transportation purposes. This amount would be divided as follows: 1) 40% to the STIP; 2) 40% to Local Streets and Roads and 3) 20% to transit (PTA). The League and the California State Association of Counties (CSAC) have been advocating for additional monies for city street and county road maintenance and rehabilitation for several years. The backlog is $11 billion and growing by $400 million annually. This does not include an additional backlog of $14 billion for capital and safety improvements needed on the local system: (c) SB 910 (Dunn) — General Plans. Housing Elements The League of California Cities recommends opposition. This bill requires a court that finds a local government's housing element not in substantial compliance with the state law governing housing elements, to award the plaintiff reasonable attorneys'' fees and costs and to levy a penalty not to exceed $1,000 per unit of the total projected housing APRIL 3, 2001 PAGE 7 needs for the jurisdiction. The legislation further provides that in any action filed on or after January 1, 2002, challenging.the viability of a housing element, there shall be a rebuttable presumption of nonvalidity of the housing element or amendment if the Department of Housing and Community Development hasfound that the element or amendment does not substantially comply with state law. SB 910 also includes language stating the Legislature's intent to withhold state funding from any city, county, or city and county that does not have a housing element in substantial compliance with state law, and to redistribute the withheld funds to those jurisdictions that are in compliance. Recommended Action: It is recommended that the City Council discuss the above proposed State Legislation and direct -staff accordingly: Requested by: City Council Legislative Subcommittee RECESS TO REDEVELOPMENT AGENCY Next Resolution No. RA 2001-01 1. CALL TO ORDER: Chairman ROLL CALL: Agency Members Herrera, Huff, O'Connor, VC/Ansari, C/Chang 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 March 20, 2001 -Approve as submitted. Requested by: Agency Secretary 3.2 TREASURER'S STATEMENT Submitted for the Redevelopment Agency Board's review and approval is the Treasurer's Statement for the monthof j February 2001. APRIL 3, 2001 PAGE 8 Recommended Action: It is recommended that the Redevelopment Agency review and approve. Requested by: Finance Division 4. PUBLIC HEARINGS: None 5. OLDBUSINESS.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/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 ata future meeting. 11. ADJOURNMENT: L CITY OF DIAMOND BAR NOTICE OF PUBLIC MEETING AND AFFIDAVIT OF POSTING STATE OF ,CALIFORNIA ) COUNTY OF LOS ANGELES') SS. CITY OF DIAMOND BAR The Diamond Bar City Council will hold a Closed Session at 5:00 p.m. in CC -8 a Study Session at 6:00 p.m. in CC -8; and a Regular Meeting at 6:30 p.m., in the Auditorium of the South Coast Air Quality;, Management District (SCAQMD), at 21865E. Copley Drive, Diamond Bar, California on April 3, 2001. I, Lynda Burgess declare as follows: I am the City Clerk in the City of Diamond Bar; that a copy of the agenda for the Closed Session, Study Session and Regular Meeting to be held on April 3, 2001 was posted at the proper locations. declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this Notice and Affidavit was executed this 30th day of March', 2001 at Diamond Bar, California. /s/Lynda Burgess Lynda Burgess, City Clerk City of Diamond Bar C d. 90/4 7 prn Bear Mayor and Council Members, We understand city policies are designed with the good of the residents in mind. Policies are made to regulate but ultimately to serve the residents. However, the Tennis Instruction Policy being proposed is unreasonable and actually hurts the residents. Our neighboring pities do not have rules or regulations against tennis instruction because the rules do not serve a purpose. Also in our case, the rules do not serve a purpose, but only to serve a particular non-resident family. 111e should focus on the perspective and the good of the residents. Reservations, city codes, fees and time restrictions can be used to regulate instructors to free up the courts for public use. However; there is not need to free up the courts because there are enough courts for resident to play and receive lessons. The words "public use" means the residents' use. Every residents should be allowed to use the courts for whatever tennis purpose they intend, whether to play or receive lessons. That is the true definition of 'Public use. Number two of Exhibit A propose only one court per facility, not including the facility offering city tennis. That means only two instructors are allowed in Diamond Bar, so we can't select the instructors of our choice. We would like to Dire instructors who we feel are the most competent and qualified to teach our kids. Number three propose playing tennis may be a misdemeanor, and students may be arrested for receiving tennis instruction. If we don't like the two instructors and hire someone else who we prefer, then we may be treated as criminals. is this the kind of attitude we want to portray to our kids? We would like to encourage our kids to participate in healthy activities. Our police officers should be allowed to concentrate their efforts on truly illegal activities such as drugs and gangs. l`et's keep criminal matters separate from civil matters. (Number four propose the hourly fee of $25/hr, permit fee and other fees. This is unreasonable. We already paid for the usage of the courts through our property, tax. Why should heavy fees be passed on to us? Fees will also discriminate the citizens who can't afford them. Tennis should not be a richman's sport. You can say, "The fees are used to eliminate the cion -serious instructors." However,. the citizens have the right to use the courts and decide who should teach them. Number five is illogical because 6-10 p.m. and the weekend are the only times students are not in school and rthe parents not at work. These are the only times we have to participate in extra curricular activities. if these times are not available when should we be able to play? Number six. In the history of Diamond Bar's incorporation there has been only a minor incident, so liability insurance will only add to the cost of tennis instruction. Again tennis should not be a richman's sport. Number seven. A 24-hour notice to cancel is not only unreasonable but also impractical. We cannot rearrange our schedule on such a short notice because we all have very busy lives. A two-week notice; is a courtesy. We strongly suggest that the Council eliminate this proposal. In stead, we propose: 1) No reservations, but a first -came; first -serge basis. This is the oldest and the best method. No resident has a problem with the traditional method. The Park and recreation Committee already proposed no reservations at e previous meeting. 2) The citizens can use the courts for ONE HOUR to play or hire instructors. 3) No fees for usage, no permit fees or other fees (a regular business license is suffice). We don't wart extra costs added to our financial burden. 4) Only the citizens of Diamond Bar can use the courts. 5) The rules we propose shall not be discussed within five years because we don't want to take up time and resource better spent with our families. Thank you for your attention. i Name -- -- -Add ress iSi2nature 9 t u e 1 Cv� vet Name �nature_ , A- Val-,�� -_ _ � ��'�._-�;��1fCer�i-�� T.___ 4 Vii _. ✓�._ JOS f— Y/ I I � \ f i I� i 1 t I i i Name Address Signature04K MaT ---- I c b I^_1�A I --- CH S .- _ � . 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EXECUTIVE DTPA `I EN'I' STATE OF CALIFORNIA a --sr . w PROCLAMATION by the Governor of the State of California WHEREAS, California has experienced numerous earthquakes, including the magnitude 7.1 Lorna P rieta Earthquake on Or-10ber 17,1989 and the magnitude G.7 Northridge earthquake on ,snooty 17, MAI, Whth resulted in the kiss of lite and property damage; and WHEREAS, in the last ten years atone, f"jor earthquakes throhoui tfte Std have u9 to Combated t4 cause 120 deaths and an estimated $Sti billion in reported damage and losses; and WHEREAS, most Califmianslive within 20 miles of a major active earthquake fault; arta WHEREAS, increasing awareness about earthquake safety risks in homes and workplaces and ,practicing the aPPrQpf1al9,PrePateQY10s measures could greatly reduce losses tram earthqand uakes; WHEREAS, the sta#ew de "_PAILdy Bide it Out?" campaign is designed to increase public aware - ss regarding proper Procedures to follow before, during, and after in earthquake; and WHEREAS. during the fnOnth of April, the Govemoes a#ice.of Eme en Services, oY City snd countyt emergency service offices, service organizations, educational institutions, and busisSes will provide important earthquake safety into nation to Californians; NOW iNEAEFf3AE, 1, GRAY "VIS, Governor sof the Sate of California, do hereby proclaim April, t as "California Earthquake Preparedness Month.° �►A INWMESS WHEREOF l have hereunto set my a hand and caused the Great Seal Of the State of •°U Calitomia to be affixed this 2ad;dayt of February Governor ©f alifornia Secretary ie b d Fa I L£ 696 9 9 �e�+fi�, tai sus k [7 Ci lea abr V62 = 60 t0 SO-a�ety S 03fQE101 FRI 14:13 M, 423 881 6&aT LA COUNTY 0.E.1. +g> llitMILLER W002 DRAFT PROCLAMATION OFTHE BOARD OF SUPERVISOR$ OF THE COUNTY OF LOS ANGELES, STATE OF CAUFQRNIA, PROCLAIMING THE MONTH OF APRIL 2001 AS "CALIFORNIA EARTHQUAKE PREPAREDNESS MONTWINCONJUNCTICtNvtATHTHE T1tVlEL.FTH YEAR OF THE EARTHQUAKE SURVIVAL PROGRAM (ESP) IN CALIFORNIA, WHEREAS, the County of Los Angeles adopted and implemented the Earthquake Survival Procgram (ESP) in 1989 which encourages residents to take a differentpreparedness action each month, and WHEREAS, the State of California has experienced numerous earthquakes, including the magnitude 6.7 Northridge earthquake on January 17,1994, which resulted in property damage and loss of life, and WHEREAS, in the last ten years alone, major earthquakes throughout the state' have combined to ceruse 120 deaths and an estimated $50 billion in reported damage and lasses, and WHEREAS, most Californians live within 20 miles of a major active earthquake fault, and WHEREAS, the statewide ".Ready to Ride it Out'?" campaign is designed to increase public awareness regarding proper procedures to follow before, during; and after an earthquake; and WHEREAS, all residents of Southern California are encouraged to continue a taking emergency preparedness precautions to makethemselves, emselves, the,irneighborhoads and communities more self-sufficient in the event of a catastrophic disaster, and WHEREAS, the year-long educational campaign, known as the Earthquake Survival Program (ESP), is internationally recognized as an easy-to-foltow method for individuals and neighborhoods to better pry repare themselves throughout the year in order to reduce injuries, foss of life, and "damage during an earthquake or other hazard; NOW, TH EREF 1RE BE P RycAYEQ by the Board of Supervisors that the month of April 2001 is "CALIFORNIA EARTHQUAKE PREPAREDuPsS MQNTfT. in LOrl ngeles COuntyr andthetwelf hyear of the EARTHQUAKE SURVI'VA'L pROGRAM (ESP) campaign. The B j card encourages all residents and '' ' 'neighborhoods to takeadvantoga of the Ea fuake Survival Program to increase their knowledge and awareness of proper safety, measures to follow before, during, and alter an earthquake or ether emergency. I, tpo-d 9z9�tuG�,laa ses p �a,��y VOS:60 ro f APRIL 3, 2001 PAGE 9 °"" 9 1 APRIL 3, 2001 1 PAGE 11 completion in the draft long-range plan,which must be received by the MTA no later than April - 11. Captain Alex Yim attended a meeting in late February and is scheduled to attend a meeting the end of April/first,of May regarding the Lanterman project's -security plan. The next meeting of the Lanterman Monitoring Committee is April 23. : AB 896 and its potential effect on the tri -city agreement will be monitored. Regarding an earlier speaker's concern about spontaneous monuments, she stated that she had no problem with that form of expression of loss andthatshe had never heard anyone else express concern about this type Of memorial. C/Ansari attended the California Contract Cities meeting on March 20 at the Edison facility.: On Friday, she attended the Sheriff Booster Recognition_ Dinner at Royal Vista Golf Course and asked that Council recognize Diamond Bar resident Lloyd Stoa as "Volunteer of the Year" by presenting him with -a Certificate of Recognition. She thanked recreation staff ' members who helped with the trackmeet at Walnut High School. She attended the San Gabriel Valley, NAACP breakfast at Royal Vista and the Council Academy training at the Fairplex. She attended the Miss Diamond Bar Pageant and 'congratulated those who participated. On Sunday, the Kiwanis Club and Mike Kuykendall sponsored a free baseball clinic at, the little league field. On Tuesday, she attended a meeting of the bio -diversity planning committee. She spoke about her desiw to obtain 3 acres Of space in Sandstone Canyon for Larkstone Park and the'possibility of obtaining grants and loans in a joint effort with the school district to complete the project. She reiterated her desire to have the Council help Mr. Arceo obtain recognition for -his service.to the country during Word War [I. She asked that the matter of the discretionary amount of monies that can be spent by the City Manager with recommendations for guidelines pertaining to the amount be agendized for discussion by Council. C/Chang commended the volunteers who serve the community. He congratulated the current Miss Diamond Bar and her court as well as the former Miss Diamond Bar and her court.. He was also selected to be interviewed by a graduate student, at Loyola Marymount. He attended the Pomona Valley Boys and Girls Club meeting. He commended community members who donated their time and money to support the organization. He congratulated the new Chamber President and looked forward to mutual cooperation toward retaining and bringing businesses into the community. He attended the "Feel the Music" program in Pomona sponsored by the City, Cal Poly and Western University. These types of events show what can be done when: the community joins together creatively. M/Huff stated he attended several events including the Miss Diamond Bar Pageant, the architect meetings and meetings in search of a new City Manager. On March 22, he and ICM/DeStefano met with a representative from, Senator Barbara Boxer's field office as a follow up visit to Washington, D.C. to discuss the City's zip code problem. He attended a Foothill Transit Board Meeting. on March 23 during which an agreement was reached to maintain one bus line on the CalPoly campus. Foothill Transit has received communication from student groups who feel that the 'compromise is inadequate and would like to keep the current level of service.' During the Alameda Corridor East meeting he chaired on March 26, it was business 1 2. MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR MARCH 20, 2001 CLOSED SESSION: None CALL TO ORDER: Mayor ,Huff called the Regular City Council Meeting to order at 6:37 p.m. in the South Coast Air Quality Management District Auditorium,, 21865 E. Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Council Member O'Connor. INVOCATION: The invocation was 'offered by Ahmad H. Sakr, Ph.D., Islamic Education Center. ROLL CALL: Mayor Huff, Mayor Pro Tem Herrera, and Council Members Ansari, Chang and O'Connor. Also Present were: James DeStefano, Interim City Manager; Mike Jenkins, City Attorney; David Doyle, Deputy City Manager; David Liu, Director of Public Works; Bob Rose, Community Services Director; Linda Magnuson, Finance Director; Mike Nelson, Communications and Marketing Director; and Lynda Burgess, City Clerk. APPROVAL OF AGENDA: As presented. 3. A SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 3.A1 Introduced new City employee Diana Belt, Transit Clerk. 3.A.2 Presented Certificates of Recognition to Diamond Ranch High School Soccer Team for finishing 2"d in the CIF Finals. 3.A.3 Presented City Tile and Certificates of Recognition to outgoing Miss Diamond Bar and her Court. 3.A.4 Proclaimed March 24, 2001 as "Mule Deer Awareness Day." 3.A.5 Proclaimed April 2001 as "Fair Housing Month." 3B. INTERIM CITY MANAGER REPORTS AND RECOMMENDATIONS: ICM/DeStefano provided an update on the 'current energy crisis and possibility of rolling blackouts. 4. 4.A. ; PUBLIC COMMENTS: Larry Rhodes spoke about his ongoing problems and concerns with the Inland Valley Humane Society and indicated that the City has not responded to his calls for assistance. MARCH 20, 2001 PAGE 2 Martha Bruske spoke about the General Plan's Vision Statement, the apparent conflict with respect to the Pulte project on D.B.Blvd. at Tin Dr. and her belief.that the City government does not properly tend to commercial areas and protect the City's shoppers. She also believed that current and prior Councils let the commercial areas deteriorate in order to justify redevelopment. Wei Wei Chang represented a contingency of citizens who plan to be at the April 3rd City Council meeting to discuss the tennis court usage issue. This group agrees that (tennis)' instructors should be able to obtain permits. However, the group does not agree with open bidding "for the courts, which may be controversial, time- consuming and costly. Also, the group does not want instructors to monopolize the courts for an entire three months. The citizen's group recommends "first come -,first serve." The courts are for the citizen's use. Instructor's costs will be passed on to the citizens who are already paying for the use and maintenance of the courts. Joseph Farrell asked when the minutes of the State Lanterman Committee Meeting and City Advisory Committee meetings would be posted on the City's web site. He also requested that the Schedule of Future Events include every Lanterman event. Vince La Rosa said that City staff is not assisting him in finding a home practice field for two hours one day a week for his organization. 4.B. RESPONSE TO PUBLIC COMMENT: ICM/DeStefano stated that regarding Dr. Rhodes' dog, Ace, staff did follow up on this matter. The Inland Valley Humane Society indicated that a license is due for the dog, Ace, and that the license was processed on March 5. The facility reported that the dog has a vaccination on file which is due to expire on May 31 and staff believed that that is the reason forthe .request for an additional rabies vaccination. . ICM/DeStefano responded to comments made by Wei Wei Chang's representative that the Council will be considering the second reading of the .Ordinance regarding tennis court rules and operation as well as instructor fees for tennis court usage on April 3. ICM/DeStefano indicated to Joseph Farrell that historically, the City's web site has included minutes of Council and Commissions, and on "a very limited basis, Committees. If the City 'Council desires, the Lanterman related minutes can be included on the City's web site. Generally speaking, the Schedule of Future Events covers the time period between City Council meetings. Directing comments to Mr. La Rosa, ICM/DeStefano stated that staff will look into the matter of providing a practice location. ICM/DeStefano stated that when the Pulte project was reviewed by the City, traffic studies regarding mitigation measures included no''ingress/egress on Highcrest and installation of a traffic signal at Tin Dr. on D.B. Blvd. MARCH 20, 2001 PAGE 3 5. SCHEDULE OF FUTURE EVENTS: 5.1 DIAMOND BAR COMMUNITY FOUNDATION - March 21, 2001- 7:30 p.m. - Room CC -8,21865 E. Copley Dr. 5.2 PARKS AND RECREATION COMMISSION - March 22, 2001 - 7:00 p.m., SCAQMD Hearing Board Room, 21865 E. Copley Dr. 5.3 INDUSTRY EAST ADVISORY COMMITTEE - March 22, 2001 - 7:00 p.m., Room CC -2, 21865 E. Copley Dr. 5.4 BOYS AND GIRLS CITY WIDE TRACK MEET - Saturday, March 24, 2001 Walnut High School, 400 Pierre Road, Walnut 5.5 PLANNING COMMISSION - March 27 2001 - 7:00 pm,, SCAQMD Auditorium, 21865 E. Copley Dr. 5.6 CITY COUNCIL MEETING - April '3, 2001 6:30 p.m., SCAQMD auditorium, 21865 E. Copley Dr. 5.7 COMMUNITY MEETING - Golden Springs Median Improvement Project - April 5, 2001 -"6:30 p.m., SCAQMD Room CC -2. 6. CONSENT CALENDAR: C/Chang moved, C/Ansari seconded, to approve the Consent Calendar with the exception of items No. 6.7 and 6.9. Motion carried by the. following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Chang, O'Connor, MPT/Herrera, M/Huff NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 6.1 APPROVED MINUTES: 6.1.1 Regular Meeting .of February 20, 2001 As submitted. 6.1.2 Special Meeting of February 27, 2001 - As submitted. 6.1.3 Regular Meeting of March 6, 2001 - As submitted. 6.2 RECEIVED & FILED PLANNING COMMISSION MINUTES - Regular Meeting of January 23, 2001. 6.3 RECEIVED & FILED TRAFFIC AND TRANSPORTATION COMMISSION MINUTES: 6.3.1 Regular Meeting of December 14, 2000. MARCH 20, 2001 PAGE 4 6.3.2 Regular Meeting of January 11, 2001. 6.3.3 Regular Meeting of February 8, 2001. 6.4 APPROVED VOUCHER REGISTER - dated March 20, 2001 in the amount of $450,984.05. C/O'Connor recused herself from approval of P.O. No. 10797 in the amount of $6,571.64 due to potential conflict with the Lanterman Forensic Expansion Project. 6.5 DENIED CLAIM FOR DAMAGES - filed by Angela C. Fletcher, February 16, 2001 and referred the matter to the City's Risk Manager for further investigation. ` 6.6 (a) AWARDED CONTRACT FOR TRAFFIC SIGNAL IMPROVEMENT PROJECT AT INTERSECTIONS OF GOLDEN SPRINGS DRIVE AT LEMON AVENUE, DIAMOND BAR BOULEVARD AT SUNSET CROSSING ROAD, GATEWAY CENTER DRIVE AT VALLEY VISTA DRIVE AND BRIDGE GATE DRIVE, LOT 16 - to Macadee Electrical Construction, in an amount not to exceed $452,106.50, and authorized a contingency amount of $30,000 for project change orders, to be approved by the City Manager, for a total authorization of $482,106.50. (b) AWARDED INSPECTION SERVICES FOR TRAFFIC SIGNAL IMPROVEMENT PROJECT AT THE INTERSECTIONS OF GOLDEN SPRINGS DRIVE AT LEMON AVENUE, DIAMOND BAR BOULEVARD AT SUNSET CROSSING ROAD, GATEWAY CENTER DRIVE AT VALLEY VISTA DRIVE AND BRIDGE GATE DRIVE, LOT 16 - to Warren C. Siecke Transportation and Traffic Engineering in an amount not -to -exceed $37,000. 6.8 APPROVED CONTRACT AMENDMENT AND RATIFICATION OF OFFICE FURNITURE PURCHASE WITH TOTAL PLAN, INC. - in the amount of $5,156.41. MATTERS WITHDRAWN FROM THE CONSENT CALENDAR. 6.7 AREA "D" JOINT POWERS AGREEMENT FOR INTER -AGENCY COOPERATION FOR DISASTER . PREPAREDNESS - The current JPA, (Joint Powers Agreement) between L. A. County and the Area D cities originated in 1958. Since 1958, several modifications to disaster management have been identified and adopted by The Los Angeles Offices of Emergency Management. (Continued from March 6, 2001.) Brenda Hunemiller, Area D Coordinator for Disaster Management, explained the makeup of Area D. MPT/Herrera moved, C/Ansari seconded, to continue the matter to the April 3, 2001 meeting in order for staff to obtain further information regarding MARCH 20, 2001 PAGE 5 membership on the governing board for Area D. ' Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Chang, O'Connor, MPT/ Herrera, M/Huff NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS -None 6.9 ADOPTED RESOLUTION NO. 2001-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR TO AUTHORIZE THE CITY MANAGER TO APPLY FOR AVAILABLE HOUSEHOLD HAZARDOUS WASTE GRANTS OFFERED BY THE STATE OF CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD - The City must implement its Household Hazardous Waste Element (HHWE) as required by State law. The HHWE specifies programs to be conducted by the City. To date, the City has implemented an agreement with the County Sanitation Districts to conduct load checks at its facilities, and has participated in L.A. County - sponsored HHW roundups. More recently, the City has been working to reach an agreement with its exclusive residential hauler to provide curbside residentialservice provider(s),to furnish such service for a fee. To further increase the convenience of HHW collection, to augment infrequent roundups offered by the County, and to help with reducing, the cost of HHW collection, the City is working with the AQM'D to set up what is referred to as a "temporary permanent facility" for HHW collection at its facilities. This facility would serve 1D.B. residents only, unless other jurisdictions wish to participate and provide requisite funding. Initial capitalization and operational costs would be covered by a grant offered by the California Integrated Waste Management Board. This 22 -month term grant would be in the amount of $150,000 (maximum allowed under the grant cycle), and would be available in June 2001. - Staff report by ICM/DeStefano and J. Michael Huls, the City's Waste Management Consultant. C/Chang moved, C/Ansari seconded, to adopt Resolution No. 2001-16 authorizing the City Manager to apply for all available Household Hazardous Waste Grants offered by the State of California Integrated Waste Management Board. Motion carried by the following Roll Call voter AYES: COUNCIL MEMBERS - Ansari, Chang, O'Connor, MPT/' Herrera, M/Huff NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 7. PUBLIC HEARING: None 8. OLD BUSINESS: None 9. NEW BUSINESS: MARCH 20, 2001 PAGE 6 C/O'Connor recused herself from discussion of Item 9.1 and left the dais. 9.1, CONSIDERATION OF;A NAME CHANGE FOR THE CITY OF DIAMOND BAR'S LANTERMAN DEVELOPMENTAL CENTER COMMUNITY ADVISORY COMMITTEE AND APPROVAL OF A MISSION STATEMENT - In October 2000, the State Department of Development Services and the Cities of D.B., Pomona and Walnut signed a Statement of Principles and commitment. The Statement calls for creation of a Community Advisory Committee to assure the full sharing of information and to confirm that the State is abiding by the agreement. The City of D.B. has had its 'own Lanterman Developmental Center Advisory Committee for many months. In order to avoid any confusion between the two committees and to clarify its purpose, the members of the "City" committee prepared and recommend a name change and Mission Statement for Council approval. The City Advisory Committee recommends a name change to the "City of Diamond Bar Lanterman Monitoring Committee. The Committee took action to recommend Council approval of the name change and Mission Statement at its meeting of March 5, 2001. - Report by MPT/Herrera. Martha Bruske favored a name change and offered her recommendations. C/Herrera moved, C/Chang seconded, to approve the proposed name change of the Lanterman Advisory Committee to the City of Diamond Bar Lanterman Monitoring Committee and approve the proposed Mission Statement. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS Ansari, Chang, MPT/Herrera, M/Huff NOES: COUNCIL MEMBERS None ABSTAIN: COUNCIL MEMBERS - O'Connor ABSENT: COUNCIL MEMBERS'- None RECESS TO REDEVELOPMENT AGENCY: M/Huff recessed the City Council Meeting at 8:00 p.m. RECONVENE CITY COUNCIL MEETING: M/Huff reconvened the City Council Meeting at 8:04 p.m. 8. SUBCOMMITTEE REPORTS AND COUNCIL MEMBER COMMENTS: MPT/Herrera reported on the March 15 State Community Advisory Committee meeting field trip to the Canyon Springs facility. There are 52 severe behavioral clients housed in the facility and it has a security system similar to that proposed for the Lanterman Developmental Center. The Committee was told that the State has not yet determined what type of EIR document will be used for the proposed project. On a Thursday in June there will be a daytime meeting at Lanterman as well as, an evening public meeting at the SCAQMD. The topics of discussion will be the EIR document and the security plan. The next meeting, for the State Lanterman Community Advisory Committee is scheduled for Tuesday, May 8. The new Lanterman Developmental Center Director is Lou Sarrao, who will assume the role MARCH 20, 2001 PAGE 7 on April2. C/Ansari met with Sheriff Lee Baca who spoke about his vision of L.A. area prisons and his attempts to reduce crime. She attended the Advance Sheriff's Academy and learned about fingerprinting and drugs, an AAUW meet after the last Council meeting and the SCAG Solid Waste Committee meeting and spoke with Senator Torlakson, Chairman of the Local Government Committee. The Senator is attempting to include transportation' planning in his bill so that those monies would be given back to the regions for roadbuilding. She attended the State Bio -Diversity Council in Chico. Yesterday, she attended the Integrated Solid Waste Board and today's meeting of the State Board.- She attended the St. Patrick's Day celebration at the Senior Center. On Saturday evening, she attended the Lincoln Developmental Center training work center. D.B. will host a meeting of the Solid Waste Board in October at the SCAQMD. The next meeting for the Bio -Diversity Council is set for June 20 and 21 in L.A. She asked that tonight's meeting be adjourned in memory of Roger Gomez, an active member of the Senior Citizen's group. C/Chang stated that on 'March 7, he and other Council Members met individually with ICM/DeStefano to discuss the Community Center and Library schematic plan and individual concepts. On March 8, he attended the YMCA meeting and YMCA Victory Dinner. On March 9, several Council Members traveled to Washington D.C. to attend .the National League of Cities Conference. Council Members discussed the D.B. zip code issue with members of Congress. The U.S. Postmaster' is concerned that the D.B. facility is too small. Therefore, the Council is considering the Country Hills Towne Center location fora larger facility. He met with the Department of Transportation Secretary to discuss the urgent need to resolve the SR 57/60 interchange. On March 14, he hosted a meeting with Cal Poly and the School District to promote sharing of information. He congratulated the City of D.B. on its new location. C/O'Connor assumed the City Hall move went smoothly. She thanked DCM/Doyle for his oversight and staff for their perseverance. On March 7, she attended the quarterly Industry Manufacturing Council luncheon. That evening, she attended the WCCA meeting. On March 8, the City Birthday Committee meta The event is scheduled for Sunday, April 29. The YMCA did not meet its fund-raising goal; however, money is still coming in and there is an opportunity for residents to participate. She spoke about her attendance at the National League Conference. On March 14, she attended ribbon -cutting ceremonies for the D.B. Fine Arts and Framing located on Brea Canyon Rd. near D.B.`Blvd. That evening, she attended the retirement party for Commander Art Herrera. On March 15, she participated in the D.B.H.S. mentorship program. On March 16, the Finance Committee met. Today she spoke on a women's panel for DeVry Technology Insfitute. Tomorrow, Council will be interviewing candidates for City Manager in closed session. She expressed her disappointment with the landscaping on Tin Dr. provided by Pulte Homes. She asked that staff remain diligent on landscaping throughout the City. She wished everyone a happy first day of Spring. MARCH 20, 2001 PAGE 8 M/Huff spoke about the Hazardous Waste pickup that took place on February 10 in the City. He traveled to Washington D.C. as a representative of Foothill' Transportation and American Public Transportation Association (APIA). He helped lobby for $2,000,000 to help fund the AQMD requirement to switch to natural gas fuels: In addition, he lobbied for $10,000,000 for discretionary funding for the Alameda Corridor East Borders and Corridors program for rail lines. Council also sought funding for the D.B. Community/Senior Center and Library. On March15, he also toured the Canyon Springs facility in Cathedral City. He asked that the matter of the SCAG rate hike be agendized for Council discussion. On March 19, State Senator Bob Margett sponsored a women's conference in whichhe served as a panelist. Senator Margett presented Council Member O'Connor the 29th Senate District "Woman of the Year award: He commented that the General Plan Vision Statement is printed on the front of Council Member notebooks and is constantly in the forefront of the Council's actions. The Council seeks to implement the vision of the General Plan Advisory Committee in a balanced manner. ADJOURNMENT: There being no further business to conduct, M/Huff adjourned the meeting at 8:42 p.m. in memory of Roger Gomez. LYNDA BURGESS, City Clerk ATTEST: ROBERTS. HUFF, Mayor CITY OF DIAMOND BAR .Z MINUTES OF THE PARKS & RECREATION COMMISSION HEARING BOARD ROOMOFS.C.A.Q.M.D. 21865 Copley Drive FEBRUARY 13, 2001 CALL TO ORDER: Chairman Finnerty called the meeting to order at 7:09 p.m, PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of Allegiance by Chairperson Finnerty. ROLL CALL: Present: Chairman Annette Finnerty, Vice Chairman Patty Anis and Commissioners Hull, St. Amant and Torres. Staff: Bob Rose, Director of Community Services; Gary Olivas, Recreation Superintendent, and Marisa Somenzi, Administrative Secretary. MATTERS FROM THE AUDIENCE: None Offered. 1. CONSENT CALENDAR: 1.1 Approval of Minutes of the January 25, 2001 Regular Meeting. C/Hull moved, C/St. Amant seconded, to approve the Consent Calendar as corrected. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Hull, St. Amant, Torres, VC/Anis, Chair/Finnerty NOES: COMMISSIONERS: None ABSENT COMMISSIONERS: None 2. INFORMATIONAL ITEMS: 2.1 Recreation Program Update. RS/Olivas reported on the following items: 1. Youth Basketball 2. ` City Wide Youth Track Meet 3. Adult Basketball 4. Adult Volleyball 5. Adult Softball 6. Recreation Guide FEBRUARY 13, 2001 PAGE 2 PARKS & REC COMMISSION 7. Contract Classes 8. Tiny Tots 9. Adult Excursions 10. Special Events 11. Concerts in the Park 12. Day Camp 13. Youth Excursions 14. Volunteen Program 2.2 Trails Master Plan Update - Report,by CSD/Rose Two community meetings were held to discuss the Trails Master Plan and receive community feedback. On Thursday evening one member of the public was present. On Saturday approximately 15 members of the public participated in the discussion. Excellent input was received in spite of the low turnout. C/Torres reported that the community member who attended the Thursday evening meeting suggested that Parks and Recreation consider establishing hikng/walking clubs. CSD/Rose stated that at the Council Study Session on February 6h the City Council discussed the fact that the contract for the Trails ;Master Plan was awarded in January 2000 with the expectation that the process would be completed by end of August 2000. The Council's concern will be forwarded to the consultant. The reason for the delay is that the consultant failed to have the trails walked when the inventory of recreation trails was completed. As a result, it took until December 2000 for the sub - consultant to complete this required task: 2.3 Community /Senior Center Update - Report by CSD/Rose. Chair/Finnerty stated that a tot lot could be constructed in the Summitridge neighborhood park. 2.4 Diamond Bar Community Foundation Report - Continued to the next meeting. 2.5 CPRS Conference Update - Report by RS/Olivas. 3. OLD BUSINESS: None 4. NEW BUSINESS: 4.1 Commercial Tennis Instructor Permit Process: CSD/Rose presented staff's report. Staff recommends that the Commission review the Commercial Tennis Instructor Permit Process and recommend its, approval to the City Council. FEBRUARY 13, 2001 PAGE 3 PARKS & REC COMMISSION Mark.Dali, Mad Dog Racquet Sports, said that legitimate instructors do not pay hourly fees, they pay a percentage of their income derived from teaching at a specific location. He believes that pirate instructors will not pay the city these kinds of fees which will eliminate them from the courts. He, recommended that the city educate the community about how to locate legitimate instructors. He thanked the subcommittee for their good efforts. Mr. Dali indicated to C/Hull that he generally charges $50 per hour for instruction. A series of five lessons costs $200. C/St: Amant explained the difference between infraction and misdemeanor. Following discussion, C/Hull moved, C/Torres seconded, to recommend that the City Council approve the Commercial Tennis Instruct Permit Process as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Hull, St. Amant, Torres, VC/Anis, Chair/Finnerty NOES: COMIVIISSIONER& None ABSENT: COMMISSIONERS: None 5. ANNOUNCEMENTS: C/Hull asked for an update on the roller hockey courts to which CSD/Rose responded that he has not heard from the owner. C/St. Amant requested that the special project's deputies be invited to attend the next Parks and Recreation Commission meeting to discuss the skate park. ADJOURNMENT: C/Hull moved, VC/Anis seconded, to adjourn the meeting. There being no; other business to come before the Commission, Chairman Finnerty adjourned the meeting at $:15 p.m. Respectfully Submitted, /s/ Bob Rose Bob Rose Secretary Attest: /s/ Annette Finnerty Annette Finnerty, Chairman -..u.. _..-._ ._, ,.:• _ _ 09=9 a ,f,_ , - DUI_ TH s f f F.,t a'} t; -. :, _ � - DESCRIPTION rit+t i sDATE 'C! ;,r n 1F t n :. .t.:r X11__ ,, �., � ,. F SVCS—SUPPLIES f cc R T7 .' TOTAL triC r_ 4 ` t I JE VENDOR i vf'HU 0015TE-453M-- _t _LTOTAL ' i -WINTER ONTRAU CLASS 54. — ART WERA vFFRMINT, 25. CC NiO*3/2031 - Uf AL TA - —. DI-C.HERS VEIN ANT INGLES! 50=5 — Ed WEH705 1400 __ .237 J V ED -' ITS LONA LMG DIST TTAROYS 14.06 al 02 28182 5 ELL _.. ._ .+�_ _ ..y f 73 2 7 z 7:.; MINT PANTERA _e RUN : 005001 My, r - - - i _ RnM9 LYK AE EVE SF WOMAN- COUNT CLAi-c-F-W11,41IFER ER W., < PLIES GENFRAL ...— BONES 7 PSU MRS 17121 WFLIFS MY WASER 5144 15 -- 1 TP-TAil u.. — r, _ c -s. - 9... - i TiCTAL . .. +ri —r - z `t L 225. 10-0 24 ti- '- CEPAHIIS� , r - E t TTAL M, RUN DATE: 03/29/2001 09:M;5c -� a DUE T�IIRU� _ P is �... 1. PROjECT AM _ ^- Mom, - •' . .c=, _ .t _ .. 7.M r30 ,SSU3cRTpTioNL i wl.... av ,0 _ kt a MINEEMMU ., i'495539-46410— ir I AJCS-INSPECTION i 1 A!PRM 37022M - 0 PREPAID' Ls_7 T.r a E795 *r - ,. 1 9 1M , 700941 T56.62 'ar r T' v. TO. AL YJEaERS my NYM COPY CHER ..� :', PRINT Sk)CS-CONTRAC. CLA-K' PR _ _ — _ _ —_ 45;'9 12 TNAL MAIM , .00 94 C12 y, r i 1DYr "ICY w 0202 �e _ soul psudaywym MTI u -t! 120.00 r Vn 4.1;7 -42 PRINT SVCS .T34 .r,.,. L M. RUN DWE: 03=501 , 000609 . _. K.-. REGISTER DUE -.,, t DEMR 17 DN MOMT 1573- 7OAL CWR VOUCHERS ism Boy 50TA 00153K -453N-- 10111 ,a,.....: ..,_..__ ... tom:.. ..._.:. Y OTALFREPAIDS T2TAL TOTAL VOUCHERS DDEE VENDOR _ _ - , 15510 - 4 S2 _ 57451:10 + 1521 1059 4361 PROFAW-W CECK 127 . _.-- :. 4522"?- - PROF.S CS -PLAN CHECK 127 Y', v _ 0015510-4.--227-- .. FRO .u_• 7__ :: _ jCr F T t_E TTt}F.t c' THAL PREPAM--'� TOTAL vDaYERE; . FOAL NE VENMR, TMA! UTAL T WHERE 240 _ t � TIE. _ I I it.. ��_ . _ :., :: _ �.r... � _, _ - • - ,.- rr 1 i r Cn P. j.t '[M ilt -Tff L-1 PPIZPA 7 -- TC{ 14) t :-I p . 350.ail - II irr t CK-3/29/2001 h. 0a VU E 04/0-3,12601 NVI:_.,.;_ DESCRIPTION - ikjT An rL'C ,• DATE KENS HARDWARE M153-31-4221-0— FEB 02 MPPLIES SYC CYN OK 22 12 0015314-42210-- FEB 02 SOME __ _,. _. .; tet. -: 9 _ P- IEE _:_ M I MR E _ FEB 02.-- (' : f r. S TOTAL RMEM-ION - r .-.r. 1412 7:4 W v^ DUE- P .it. i T T COMM 2p „ TOTAL - ,i r - , 45 . I; Ti - S_ 57 - 77j"'iL HERE PLIF EN 07 pL'SZE Em .. -07 FKA sms F& 0>27 PREM, CS !7 619 46 2-1 AL:_ 1.. .. 45 iNc LIEN WINS COM ELAQUE 777 61.56 7224 _ i a tin, T.Ul f ..__ r_. _.._ ...... _.. _ :. __.. t Tt r fl.. 't rTf r:+ TOT_ Ck rf j _ t t Atfz tii•"}Ff, 50594,6R �:±;!F-`r t !u',-U-i;,Ts� C f Tn. -7 -69 TSF ml. — :: ir-r {'t= TOITAI VOU F2 0.6 -, AL — + " t Ar' i a..Tr1 ._ _ . L Inc, T M 7 r.. If +- L �� t3 i TrT tfi6 Cr q -no i M 1 f y I l` J - t" - F ,.•, f f .. V v - L F. f - - w C 1 :t: Ar li; . .. , .. ...c - Ti. '=EITA.MONITUPAR i D ;_CJ i F. r3•- ,y x - THF PREPAID p0 3 Tq cE .fir reC .tali ,"'v a ..{ t'i :-. �'a . f i -i+ ,-� L� M j., DATE r, 1 -t t _ n FT._ S UTiss ' t'1C,_ 8&4707 OFFC �URNITU.LTC.T 4 L_ 037.66 TvTH._ ,. RE F.:rS �1 TOTAL`V1070,1CERS; - 51037.66. 70,11TAL DUE VE 5,0137.66 Rq RETIREMENT FIlrari -TIRE ^ J:f r L C� AINT ,� -. 7rt` ,� { t � � a i nit[ - (rtyi ti '• RETIRECCIN CRIB -EE 5,256.77 04/A u i + a i A T !' F- E P !IMT _.1 t o I. I 2 0 46- 0 ,n.c:1., _;__ E a� . BENEFIT _ 7 04,/03/N014S500 ^. to i2 g-:. 57 _ . . .1- T`GTAL 'VT .. FEE_ , TOITAL T rr WK VQQW� ITY. WE `{ .. _. K851 s -,U77:777 ..,... r_ _ , _ _.._ FEE - TUIAL WE AMR. - _.. 7. f • _ _ " - - 7100 117 SIMT SM Ulm _ .— rt :; WK Na 51, 6n.2-0 0 _ t ,,, _. ._y is _-, �-�CL•� - r t. JOAN RMH TOTAL PREPAIDS - TOTAL i Eo:. ti �_' � TOTAL DUE VENDOR 20-0. Q0 f'.014010-42325— 01 P s — " q p 100X0 09OW31,01 4636-7 Er TOTAL TOTALi VOU HE S TOTALr WNDGR -.- .. OT F +TTS -1,K S ^i I Vri 21 r _ r .. , S r. r, - Tr7ri s In —1 1 n k Pin 1 r e It! MAT '17L sEl :C TC rr QT N, i �' tT'a+ �_ r�A _ ir} n'•_{ ' •iGL=R.. C ••• '`i �Tl� t�i3'3T CCr}1 '.4 '1'+" A. t i t' -11 F , FRE r iz,-. _. l� Ti:eti}v3.-] s.�_i a a5lt: i - C,EC" S-T `Tq �. �= ._ ' �?-. c.. .. a i'f CC- 1 P j l 7j .:5._:%! (L P} • �Lt- mit FR Ir4 T ,,� T 7. x F 4'7 4 — 41 4 i i �A'; ;:�-+-i_ G� t T�!�- ( fl.�i, r Ltdi_. v4 t45 �...a_ p .i 4stl i 1 C347 2n•84_ i v _nC cz L a 45- iE rc T - f.': .' rnfy n'. }vl itGT` L tr�r f;f ri7r c G�T0,. fs . _:,__:._t._ JTFL !I VENDOR' 1 IDS. CIO r�E:I' !! tt j. 3Lf'r .IT G. >_ilt=nps f, i ::L.-- cj ELECT n tr L UL - :-rniFE i frt cl T 1_ r-- �, r M, El t_ CS `�C( DJIM, { _ ._CECT f c CoM. t i F.L. PtU..r .-.L _ i :..ice f-IMOT L,._ J __ ZNICIS _, r -+TF " i 4j1 'TIS - _ f_ _a '-; I f- OA'.PTI t MT Da. Tr ;r4CC VFJ a � Zn r Tn F - t:._ 7.1 y II} -_ - 3 _, -- _ ¢, W DF tF t _ j F T- T -. n LA:.. i 7— TO ; HE— - - i - ; -. r US- a-.•. T TPA h Yi �, (`i� tfi G ii1Nil i�CFit -PREn TOTN` v ENDI:'L'' CITY OF D!09N.1' BAR 812-1 DATA sir 912 ,O P. a - 51532 REFMD 5".J CAIIFORNIA -i _.{ ... sr...:.._.. t .. ..: -:_ . .., - ..__... _ .:.:.:._ -' -._ rr-.:- .: ON L , SES CITY HE _ 15177 S5 zo . -`0-93-5`6 H. TH let 0A PH AWE HBO CUNCTR 2%40 :- 31 71-1-1.1E DIST 39 M ET 41 OR Sao - IMT 39 WE ER SEE - DIST 41 _A. i MIR SEE - RML SMA 112-D. t •} SP SE BAR,' wr C WEAN SEVE 4194 PROF4SVCS - FPL 14 25 :•: s PROF 00 l' 92 FE SIGNAI. MAINTOEB 01 TOTAL PRAIDS TOTAL DUE VENDCJI.4 .. n _.., Fi- :. :_._ .. '25 ,'-t151.0 OWN= 4010. ... .. : 104/0-C./2-2001 46366 �,015350-412-00-- 30.95 04/02/2001 46266 TOTAL TOTAL. DUE VENDOR 952,51 COAS-71 is N• RIST.• q .. - - L ,y__ 10-082 7� 7 ( 2;.130 9 TRE ISYti,+S—FEL 01 ': 4 4 3 015.-. ' -�!..IN F TRT F' F -A nr; -TLTAL f rS R C i - TOTAL DUE -. VENDOR 4,540.00. EST END U'NITICTRMS - : TOTALr. - -. 'i .LI iri_ e00 TOTk }fir rvt Ln f^; TOTAL F VENDOR 0 f F t r -- TOTAL VEN-5CFP. --LH. LE Erfi 1,12147 C ^U' FKL TO` AL ,. f 1 .- - I TOTAL .v MAL ME 1 xJ CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. : V TO: James DeStefano, Interim City Manager MEETING DATE: April 03, 2001 REPORT DATE: March 26, 2001 FROM: Linda G. Magnuson, Finance Director TITLE: Treasurer's Report — February 28, 2001 SUMMARY: Submitted for the City Council's review and approval is the Treasurer's Statement for the month of February 2001. RECOMMENDATION: Review and approve. LIST OF ATTACHMENTS: X Staff Report - Public Hearing Notification _ Resolution(s) _ Bid Specification (on file in City Clerk's office) _ Ordinance(s) _ Other: — Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed ` Yes No by the City Attorney? 2. Does the report require a majority vote? Yes No 3. Has environmental impact been assessed? N/A_ Yes No 4. Has the report been reviewed by a Commission? NIA Yes No Which Commission? _ 5. Are other departments affected by the report? N/A Yes No REVIEWED B RE W E ® , DEPARTMENT HEAD: Interim City M VU 37,N J David A. Doyle Deputy City Manager Linda G. MagndE Finance Director CITY COUNCIL REPORT AGENDA NO. MEETING DATE: April 03, 2001 TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, Interim City Manager SUBJECT: Treasurer's Statement — February 28, 2001 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 February 2001, 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 February 2001. 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 Note: The City of Diamond Bar is invested in the State Treasurer's Local Agency Investment Fund. All funds are available fo withdrawal within 24 hours. Investment in the Local Agency Investment Fund is allowed under the City's formally adopted investment policy. As a secondary investment option, the City continues to maintain the US Treasury Sweep Account with Wells Fargo. Any excess funds are "swept" on a daily basis from the City's bank accounts and are invested overnight into an investmen- pool of US Treasury Notes. Interest is credited to the City's bank account on a monthly basis L.A.I.F - Effective Yield for February 2000 6.169% . Money Market -Effective Yield for February 2000 4.983% All investments are placed in accordance with the City of Diamond Bar's Investment Policy. The bone suIn 'ry provides sufficient cash flow liquidity to meet the next six month's est! m i ures, James DeStefInterim Treasurer CITY OF DIAMOND BAR TREASURER'S MONTHLY CASH STATEMENT February 28, 2001 TRANSFERS ENpING B LA NCE R1 GEIPTS .... 'BURS bIEIVII NT S I:� (bUT? BALANCE ..: GENERAL FUND $17,444,589.98 $1,284,310.19 $1;340,523.09 $17,388,377.08 LIBRARY SERVICES FUND 100,813.12 645.75 100,167.37 COMMUNITY ORG SUPPORT FD 3,321.12 2,000.00 GAS TAX FUND 1,203,885.50 1,321.12 TRANSIT TX (PROP A) FD 1,744,86Q 71 109,758,48 85,416.92 1,203,885.50 1,769,20227 TRANSIT TX (PROP C) FD 1,758,554.23 44,652.26 1,803,206 ISTEA FUND 0,00 .49 6.00 INTEGRATED WASTE MGT FD 333,989.58 2,550.00 38,422.97 298,116.61 AB2928-TR CONGESTION RELIEF FD 427,034.40 AIR QUALITY IMPRVMNT FD 177,081.14 4,251:74 427,034.40 PARK & FACILITIES DEVEL FD 2,271,194.54 172,829.40 COM DEV BLOCK GRANT FD (19,871.57) 10,091.17 2,271,194.54 CITIZENS OPT -PUBLIC SAFETY FD 391,754.49 2,500.00 5,731.38 (29,962.74) 388,523,11 NARCOTICS ASSET SEIZURE FD 343,779.40 CA LAW ENFORCEMENT EQUIP PRGM 122,410.87 343,779.40 LANDSCAPE DIST #38 FD 640,404.61 12,819,11 18,277.82 122,410.87 634,945.90 LANDSCAPE DIST #39 FD 277,586.03 8,527.11 71,331.30 214,781.84 LANDSCAPE DIST #41 FD 363,505.87 7,144.52 7,634.44 363,015.95 GRAND AV CONST FUND 139,130.78 CAP IMPROVEMENT PRJ FD (325,081,74) 166,691.66 139,130.78 (491,773.40) SELF INSURANCE FUND 932,333,12 1,414.10 930,919,02 EQUIPMENT REPLACEMENT FUND 20,544.40 TOTALS $28,351,820.58 $1,472,261.67 $1,752,432.34 $0.00 20,544.40 $28,071,649.91 SUMMARY OF CASH, DEMAND DEPOSITS: GENERAL ACCOUNT ($58,688.62) ' PAYROLL ACCOUNT 84,638,43 CHANGE FUND 250.00 PETTY CASH ACCOUNT 500.00 TOTAL DEMAND DEPOSITS $26,699.81 INVESTMENTS: US TREASURY Money Market Acct. $1,504,866.22 LOCAL AGENCY INVESTMENT FD 26;540,083.88 TOTAL INVESTMENTS $28,044,950.10 TOTAL CASH $28,071,649.91 Note: The City of Diamond Bar is invested in the State Treasurer's Local Agency Investment Fund. All funds are available fo withdrawal within 24 hours. Investment in the Local Agency Investment Fund is allowed under the City's formally adopted investment policy. As a secondary investment option, the City continues to maintain the US Treasury Sweep Account with Wells Fargo. Any excess funds are "swept" on a daily basis from the City's bank accounts and are invested overnight into an investmen- pool of US Treasury Notes. Interest is credited to the City's bank account on a monthly basis L.A.I.F - Effective Yield for February 2000 6.169% . Money Market -Effective Yield for February 2000 4.983% All investments are placed in accordance with the City of Diamond Bar's Investment Policy. The bone suIn 'ry provides sufficient cash flow liquidity to meet the next six month's est! m i ures, James DeStefInterim Treasurer CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. , TO: Honorable Mayor and Members of the City Council MEETING DATE: April 3, 2001 FROM: James DeStefano, Interim City Manager REPORT DATE: March 27, 2001 TITLE: A Resolution of the City Council of the City of Diamond Bar Approving Specifications for the 2000-2001 Community Development Block Grant Sidewalk Installation Project in Said City and Authorizing and Directing the City Clerk to Advertise to Receive Bids. SUMMARY: The 2000-2001 Community Development Block Grant (CDBG) is for sidewalk & concrete block slough wall installation and other incidental & appurtenant work necessary for the proper construction of the contemplated improvements on the south side of Golden Springs Drive between Copley Drive and Gateway Center Drive. See Exhibit "A." Specifications have been prepared by the Public Works Division. RECOMMENDATION: It is recommended the City Council adopt Resolution No. 2001- XX Approving Specifications for the 2000-2001 Community Development Block Grant Sidewalk Installation Project in Said City and Authorizing and Directing the City Clerk to Advertise to Receive Bids. LIST OF ATTACHMENTS: X Staff Report - Public Hearing X Resolution X Bid Specification (on file in the Office of the City Clerk) _ Ordinance Other: — Agreement EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? X Yes T No 2. Does the report require a majority vote? X Yes No 3. Has environmental impact been assessed? X NA _ Yes No 4. Has the report been reviewed by a Commission? X NA Yes Which Commission? No 5. Are other departments affected by the report? X NA Report discussed with the following affected departments: =Yes _ No REVIEWED BY: J esDeStefa o avi Liu Interim City Ma ager Director of Public Works CITY COUNCIL REPORT AGENDA NO.. -6-!5 MEETING DATE: April 3, 2001 T0: Honorable Mayor and Members of the City Council FROM: James DeStefano, Interim City Manager SUBJECT: A Resolution of the City Council of the City of Diamond Bar Approving Specifications for the 2000-2001 Community Development Block Grant Sidewalk Installation Project in Said City and Authorizing and Directing the City Clerk to Advertise to Receive Bids, RECOMMENDATION: It is recommended the City Council adopt Resolution No. 2001- XX Approving Specifications for the 2000-2001 Community Development Block Grant Sidewalk Installation Project in Said City and Authorizing and Directing the City Clerk to Advertise to Receive Bids. ISSUE STATEMENT: To comply withthe Americans with Disabilities Act (ADA) requirements providing for safe and contiguous pedestrian and handicap access. FINANCIAL SUMMARY: $146,500.00 was approved and incorporated into the Fiscal Year 2000-2001 Budget for the sidewalk improvement, of which $77,845.00 are CDBG Funds and $68,655.00 are Gas Tax Funds. Engineer's Estimate is $66,000.00. BACKGROUND/DISCUSSION: The 2000-2001 Community Development Block Grant (CDBG) is for sidewalk & concrete block slough wall installation and other incidental & appurtenant work necessary for the proper construction of the contemplated improvements on the south side of Golden Springs Drive between Copley Drive and Gateway Center Drive -See Exhibit"A." Specifications have been prepared by the Public Works Division Key aspects of requirements placed upon the contractor include: 1) Schedule to be submitted at least ten (10) calendar days before start of work, 2) Completion of all work within twenty (20) calendar days and 3) Liquidated damages of $500 for each calendar day the work remains incomplete beyond the expiration of the completion date: The Public Works Division has prepared a tentative schedule for the various project activities and is as follows: Specifications to City Council for Approval and Authorize City Clerk to Advertise for Bids April 3, 2001 Bid Opening April 24, 2001 Award of Contract May 1, 2001 Notice to Proceed May 21 2001 Completion of Construction June 10, 2001 Prepared by: Kirk Phillips / John L. Ilasin CITY COUNCIL REPORT AGENDA NO. MEETING DATE: April 3, 2001 TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, Interim City Manager SUBJECT: A Resolution of the City Council of the City of Diamond Bar Approving Specifications for the 2000.2001 Community Development Block Grant Sidewalk Installation Project in Said City and Authorizing and Directing the City Clerk to Advertise to Receive Bids. RECOMMENDATION: It is recommended the City Council adopt Resolution No. 2001- XX Approving Specifications for the 2000-2001 Community Development Block Grant Sidewalk Installation Project in Said City and Authorizing and Directing the City Clerk to Advertise to Receive Bids ISSUE STATEMENT: To comply with the Americans with Disabilities Act (ADA) requirements providing for safe and contiguous pedestrian and handicap access. FINANCIAL SUMMARY: $146,500.00 was approved and, incorporated into the Fiscal Year 2000-2001 Budget. for the sidewalk improvement, of which $77,845.00 are CDBG Funds and $68,655.00 are Gas Tax Funds. BACKGROUND/DISCUSSION: The 2000-2001 Community Development Block Grant (CDBG) is for sidewalk & concrete block slough wall installation and other incidental & appurtenant work necessary for the proper construction of the contemplated improvements on the south side of Golden Springs Drive between Copley Drive and Gateway Center Drive. See Exhibit "A." Specifications have been prepared by the Public Works Division. Key aspects of requirements placed upon the contractor include: 1) Schedule to be submitted at least ten (10) calendar days before start of work, 2) Completion of all work within twenty (20) calendar days and 3) Liquidated damages of $500 for each calendar day the work remains incomplete beyond the expiration of the completion date. The Public Works Division has prepared a tentative schedule for the various project activities and is as follows: Specifications to City Council for Approval and Authorize City Clerk to Advertise for Bids April 3, 2001 Bid Opening April 24, 2001 Award of Contract May 1, 2001 Notice to Proceed May 21, 2001 Completion of Construction June 10, 2001 Prepared by: Kirk Phillips/ John L. Ilasin t _ 1'a RESOLUTION NO. 2001-; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING SPECIFICATIONS FOR THE 2000-2001 COMMUNITY DEVELOPMENT, BLOCK GRANT SIDEWALK INSTALLATION PROJECT IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. This is a federally assisted construction contract and Federal labor standards, including the Davis -Bacon requirements, will be enforced. If Federal and State wage rates are applicable, then the higher of the two will prevail. WHEREAS, it is the intention of the City of Diamond Bar to construct certain improvements in the City of Diamond Bar. WHEREAS, the City of Diamond Bar has prepared specifications for the 2000-2001 CDBG Sidewalk Installation Project. NOW, :THEREFORE, BE IT RESOLVED that the specifications presented to the City of Diamond Bar be and are hereby approved as the specifications for the 2000-2001 CDBG Sidewalk Installation Project. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise as required by law for the receipt of sealed bids or proposals for doing the work specified in the aforesaid specifications, which said advertisement shall be in the form and content as approved by the City Attorney and a copy of this Resolution shall be contained in each specification package for the work:' "NOTICE INVITING SEALED BIDS 0'R PROPOSALS" Pursuant to a Resolution of the City Council of the City of Diamond Bar, Los Angeles County, California, directing this notice, NOTICE IS HEREBY GIVEN that the said City of Diamond Bar will receive at the office of the City Clerk in the City Hall of Diamond Bar, on or before the hour of 2:00 o'clock p.m. on the April 24, 2001,sealed bids or proposals for the 2000-2001 CDBG Sidewalk Installation Project. Bids will be opened and publicly read immediately in the office of the City Clerk, 21825 E. Copley Drive, Diamond Bar, California 91765-4177. Bids must bemadeon a form provided for the purpose, addressed to the City of Diamond Bar, California, marked, `2000-2001 Community Development Block Grant Sidewalk` Installation Project." PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles l and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rate of per diem wages are on file in the office of the City Clerk of the City of Diamond Bar, 21825 E. Copley Drive, Diamond Bar, California, and are available to any interested party on request. The Contracting Agency also shall cause a copy of such determinations to be posted at the job site. The Contractor shall forfeit, as penalty to the City of Diamond Bar, not more than fifty dollars ($50.00) for each laborer, workman, or mechanic employed for each calendar day or portion, thereof, if such laborer, workman, or mechanic is paid less than the general prevailing rate of wages herein before stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. In accordance with the provisions of Section 1777.5 of the Labor Code as amended by Chapter 971, Statutes of 1939, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the prosecution of the work. Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by Contractoror any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate' of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: A. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request for certificate; or B. When the number of apprentices in training in the area exceeds a ratio of one to five; or C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally; or D. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen: The Contractor is required to make contributions to funds established for the administration of apprenticeship' programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other Contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract. and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours as set forth in Division 2 Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as'a penalty to the.City of Diamond Bar, twenty-five dollars ($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon any of the work herein before mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this Contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. -2, The bidder must submit with his proposal cash, cashier's check, certified check, or bidder's bond; payable to the City of Diamond Bar for an amount equal to at least 10 percent (10%) of the amount of said bid as a guarantee that the bidder will enter into the proposed contract if the same is awarded to him, and in event of failure to enter into such contract said cash, cashier's check, or certified check, or bond shall become the property of the City,of Diamond Bar. If the City of Diamond Bar awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the City of Diamond Bar to the difference between the low bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder. The amount of the bond to be given to secure a faithful performance of the contract for said work shall be one hundred percent (100%) of the contract price thereof, and a labor and material bond in an amount equal to one hundred (100%) of the contract price for said work shall be given to secure the payment of claims for any materials or supplies , furnishedfor the performance of the work contracted to be done by the Contractor, or any work or labor of any kind done thereon, and the Contractor will also be required to furnish a certificate that he carries compensation insurance covering his employees upon work to be done under contract which maybe entered into between him and the said City of Diamond Bar for the construction of said work. No proposal will be considered from a Contractor who is not licensed as a Class A and/or C-8 at time of award in accordance with the provisions of the Contractor's License Law (California Business and Professions Code, Section 7000' et seq.) and rules and regulations adopted' pursuant thereto or to whom a proposal form has not been issued by the City of Diamond Bar. The work is to be done in accordance with the specifications of the City of Diamond Bar on file in the office of the City Clerk at the City Hall, Diamond Bar, California. Copies of the specifications will be furnished upon application to the City of Diamond. Upon written request by the bidder, copies of the specifications will be mailed when said request is accompanied by,a non -reimbursable payment of $10.00 to cover the cost of mailing charges and overheads. " The successful bidder will be required to enter into a contract satisfactory to the City of Diamond Bar. In accordance with the requirements of Section 903 ofr the General Provisions, as set forth in the Specifications regarding the work contracted to be done by the Contractor, the Contractor may, upon the Contractor's request and at the Contractor's sole cost and expense, substitute authorized securities in lieu of monies withheld (performance retention). The City of Diamond Bar, California, reserves the right to reject any and all bids. By order of the City Council of the City of Diamond Bar, California, dated this April 3, 2001. PASSED, APPROVED AND ADOPTED by the City Council of the City this April 3, 2001 Robert S. Huff, Mayor ATTEST: Lynda Burgess, City Clerk 1, LYNDA BURGESS, City Clerk of the City of Diamond Bar, California do hereby certify that the foregoing Resolution was duly and regularly passed and adopted by the City Council of the City of Diamond Bar, California, at its regular meeting held on the April 3, 2001, by the following vote, to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS; ABSTAINED: COUNCIL MEMBERS: City Clerk, City of Diamond Bar California -4 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO (0 TO Honorable Mayor and Members of the City Council MEETINGDATE: April' 3, 2001 REPORT DATE: March 30, 2001 FROM: James DeStefano, Interim City Manager TITLE, AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH REMEDY TEMPORARY SERVICES SUMMARY: The City has been utilizing Remedy to provide temporary secretarial services. The City Council has authorized a total contract amount of $21,250.90 to Remedy. Based upon current and anticipated needs, an additional $13,000 is requested for the Public Works DepartmentlTransportation and the City Clerk's Department. The funding for Transportation ($2,000) will be through Prop A funds and; the funding for the other departmenta\will come from the General Funds salary savings. This request will corer our needs through the end of June 2001. Upon approval, the final contract amount with Remedy for FY 2000-2001 will be $34,250.90; RECOMMENDATION; It is recommended that the 'City Council approve the contract amendment with Remedy Temporary Services in an amount not -to -exceed $13,000.00. LIST OF ATTACHMENTS; X Staff Report Public Hearing Notification Resolution Bid Specification Ordinance — Other (agreement) EXTERNAL DISTRIBUTION SUBMITTAL CHECKLIST: 1. Has the Resolution, ordinance, or agreement been reviewed? N/A Yes No Z 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 Report discussed with the following affected departments: REVIEWED BY: ):p Ja es DeSteft po Interim City Manager CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. 7. i TO: James DeStefano, Interim City Manager MEETING DATE: April 3, 2001 REPORT DATE: March 29, 2001 FROM: Bob Rose, Director of Community Services - TITLE: SECOND READING OF ORDINANCE NO. XX-2001 AMENDING DIVISIONS 1 AND 2 OF CHAPTER 12.00 OF TITLE 12 OF THE DIAMOND BAR MUNICIPAL CODE RELATING TO PARK RULES AND REGULATIONS (COMMERCIAL TENNIS INSTRUCTION) SUMMARY. The first reading of this ordinance was unanimously approved by the City Council at its March 6, 2001 meeting. This ordinance was developed when, at its meeting on December 19, 2000, the City Council directed staff to: 1) develop an ordinance to strengthen the prohibition of unauthorized tennis instructors who use the tennis courts in the public parks for their private financial gain; and 2) develop a method to regulate private tennis instructors who desire to teach lessons at the City's courts. Continued onPage2 RECOMMENDED ACTION: It is recommended that the City Council approve 2nd reading by Title only, waive full reading, and adopt Ordinance No. XX-2001. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification Resolution _ Bid Specifications X Ordinance X Other: Park Ordinance from D.B.M.C. Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1 Has the resolution, ordinance or agreement been reviewed by the City Attorney? X Yes No 2. Does the report require a majority vote? X Yes No 3. Has environmental impact been assessed? _ Yes X No 4. Has the report been reviewed by'a Commission? X Yes No What Commission? Parks & Recreation Commission 5. Are other departments affected by the report? X Yes No Report discussed with the following affected department: LA County Sheriff's Department REVIEWED BY: James DeStefan Bob Rose Interim City Man ger Director of Community Services Continued From Page 1 Staff worked with the Sheriff's Department and the Parks & Recreation Commission to develop an ordinance that contains the following elements: 1. Prohibits professional tennis instruction at the City's tennis courts without a permit. 2. Increases the penalty for violating the ordinance from an infraction to a misdemeanor. 3. Establishes a Commercial Tennis Instruction Policy. The details' of the Commercial Tennis Instruction Policy are presented in Part B of this agenda item. CITY COUNCIL REPORT MEETING DATE: April 3, 2001 TO: Honorable Mayor and Members of the City Council FROM: James'DeStefano, Interim City Manager SUBJECT: SECOND READING OF ORDINANCE NO. XX -2001 AMENDING DIVISIONS 1 AND 2 OF CHAPTER 12.00 OF TITLE 12 OF THE DIAMOND BAR MUNICIPAL CODE RELATING TO PARK RULES AND REGULATIONS (COMMERCIAL TENNIS INSTRUCTION) Issue Statement Adoption of this ordinance will strengthen the prohibition of unauthorized tennis instructors and establish the process that will permit commercial instruction on the tennis courts at the City's parks. Recommendation It is recommended that the City Council approve 2nd reading by Title only, waive full reading and adopt Ordinance No. XX -2001: Financial Summary There are no costs related to the adoption of the ordinance. Background The first reading of this ordinance was unanimously approved by the City Council at its March 6, 2001 meeting. This ordinance was developed when, at its meeting on December 19, 2000, the City Council directed staff to: 1). develop an ordinance to strengthen the prohibition of unauthorized tennis instructors who use the tennis courts in the public parks for their private financial gain; and 2). develop a method to regulate private tennis instructors who desire to teach lessons at the City's courts. Staff met with representatives of the LA County Sheriff's Department and an Ad Hoc Committee of the Parks & Recreation Commission to develop an ordinance and a policy to regulate commercial tennis instruction. The ordinance and policy were reviewed by the entire Parks &'Recreation Commission at their February 13, 2001 special meeting and the Commission has recommended that the City Council adopt both the ordinance and the policy. The ordinance and policy have also been reviewed by the City Attorney and he has approved the format. Discussion The ordinance that is recommended to the City Council has several aspects to it. First, it makes it illegal for a person to provide, receive or arrange for another person to receive professional tennis instruction on a tennis court at any City park. Second, the ordinance defines professional tennis instruction as the provision of private or group tennis lessons for compensation of any kind. Third, it increases the penalty for violation of the ordinance from an infraction to a misdemeanor. ORDINANCE NO. XX (2001) AN ORDINANCE OF THE CITY OF DIAMOND BAR AMENDING DIVISIONS 1 AND 2 O CHAPTER 12.00 OF TITLE 12 OF THE DIAMOND BAR MUNICIPAL CODE RELATING TO PARK RULES AND REGULATIONS. The City Council of the City of Diamond Bar Does Ordain As Follows: Section 1 Section 12.00.020 of Division 1 of Chapter 12.00 of Title 12 of the Diamond Bar Municipal Code is hereby amended to add a definition for Professional Tennis Instruction, to read in its entirety as follows: "Sec. 12.00.020. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates'a different meaning: Alcoholic beverage means alcohol, spirits, liquor, wine, beer and every liquid containing one-half of one percent or more of alcohol by volume, and which is fit for beveragepurposes either alone or when diluted, mixed or combined with other substances. Director means the community services director, or other person authorized by him pursuant to law to act in his stead. Distress means a state of disability which, ifundulyprolonged, could endanger life or property. Emergency means astate of proximate danger to life or property in which time is of the essence: Fire department means the county fire department: Motor vehicle means any multiwheeled, treaded, or sled -type vehicle that is propelled by a motor engine, including any vehicle commonly known as a motorized recreation vehicle. Motorcycle means any self-propelled vehicle that is presently defined by Vehicle Code §§ 400 and 405 as a motorcycle or a motor -driven vehicle. Narcotics and dangerous drugs mean those narcotics and drugs listed or defined in the Health and Safety Code as now or hereafter amended. Park means every park, roadside rest, golf course, reservoir, riding and hiking trail, open' space easement to which the public has an unrestricted right of access and use for park or recreation purposes, and every other recreation facility owned, managed or controlled by the City and under the f jurisdiction of the director, in either incorporated or unincorporated territory.- O�tt?W Professional' Tennis Instruction means the provision of private or group tennis lessons for '("��" �compensation of any kind, including, but not limited to, fees or gratuities." Section 2 Section 12.00.080.(b) of Division 1 of Chapter 12.00 of Title 12 of the Diamond Bar Municipal Code is hereby amended to include a reference to Section 12.00.430, to read in its entirety as follows: "Sec. 12.00.080. Penalty for Violation. (b) Notwithstanding the provisions of subsection (a) of this section,' violation of sections or subsections 12.00.220,12.00.230,12.00.260 (b) and (c), 12.00.270,12.00.280112.00.320-12.00.350, 12.00.370, 12.00.380, 12.00.430 and 12.00.510 is a misdemeanor, punishable as provided in section ..1.04.01.0.,, Section 3 Section 12.00.430 is hereby added to Division 2 of Chapter 12.00 of Title 12 of the Diamond Bar Municipal Code to read: "Sec. 12.00.430 Tennis Instruction. A person shall not provide, receive nor arrange for another person to receive professional tennis instruction flew on a tennis court in any City park except: Text" (1) Pursuant to a concession or other agreement authorized by the City Council; (2) Pursuant to a permit issued in accordance with the Commercial Tennis Instruction Policy, established by resolution of the City Council; or (3) Pursuant to permit issued by the director for the purpose of providing public tennis lessons in connection with the City's Community Recreation Program. PASSED, APPROVED AND ADOPTED this day of 2001. ROBERT S. HUFF MAYOR I, Lynda Burgess, City Clerk of the City of Diamond Bar do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the - day of , 2001 and was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on the day of; , 2001, by the following. vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: LYNDA BURGESS, CITY CLERK City of Diamond Bar *Cross reference(s)--Parks and recreation commission, ch. 2.32; circuses and carnivals, ch. 5.32; entertainment generally, ch. 5.44; outdoor festivals, ch. 5.88; scuba diving, ch. 5.116; vending on city streets, ch. 5.140; animals, tit. -6; emergency organization, ch. 8.00; interference with county property or notices, § 9.00.310 etseq.; littering, loitering and other obstructions, § 9.12.110; vehicles and traffic, tit. 10. CHAPTER 12.00... PARKS AND RECREATION DIVISION 1. GENERALLY Sec. 12.00.010. Short title. This chapter shall be known as and may be cited as the "park ordinance." (Ord. No. 14(1989),-§ 2(17:04.220), 6-27-89) Sec. 12.00.020. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Alcoholic beverage means alcohol, spirits, liquor, wine, beer and every liquid containing one-half of one percent or more of alcohol by volume, and which is fit for beverage purposes either alone or when diluted, mixed or combined with other substances. Director means the community services director, or other person authorized by him pursuant to taw to act in his stead. Distress means a state of disability which, it unduly prolonged, could endanger life or property. Emergency means a state of proximate danger to life or property in which time is of the essence. Fire department means the county fire department. Motor vehicle means any multiwheeled, ;treaded, or sled -type vehicle that is propelled by a motor engine, including any vehicle commonly known as a motorized recreation vehicle. Motorcycle means any self-propelled vehicle that is presently defined by Vehicle Code §§ 400 and 405 as a motorcycle or a motor -driven vehicle: Narcotics and dangerous drugs mean those narcotics and drugs listed or defined in the Health and Safety Code as now or hereafter amended. Park means every park, roadside rest,golf course, reservoir, riding and hiking trail, open space easement to which the public has an unrestricted right of access and use for park or recreation purposes, and every other recreation facility owned, managed or controlled by the city and under the jurisdiction of the director, in either incorporated or unincorporated territory. (Ord. No. 14(1989), § 2(17.04.010, 17.04.050--17.04.080,17.04.100--17.04.130), 6-27-89) Cross reference(s)--Definitions' generally, § 1.00.070. Sec. 12.00.030. Facilities under director's control designated; enforcement authority. The director is vested with authority over and control of all facilities` owned, leased, controlled, constructed or maintained by a lessee or private fee owner in any park, for the purpose of causing to be corrected any condition which violates or which would tend to cause or contribute to any violation of the purpose and provisions of this chapter. (Ord. No. 14(1989), § 2(17.04.240), 6-27-89) Sec. 12.00.040. Signs; placement and maintenance authority; obedience required! The director may place and maintain, or cause to be placed and maintained, such signs, notices, signals, or control devices as he deems necessary to carry out the provisions of this chapter, or to ensure public safety and orderly and efficient use of any park. A person shall not willfully fail to obey any sign, notice, signal or control device placed or erected pursuant to this section. (Ord. No. 14(1'989),-§ 2(17.04.250), 6-27-89) Sec. 12.00.050. Compliance with chapter provisions; ejection of violators. Permission to be within the limits of any park, or to use any facilities, is conditioned on the person present in the park complying with all applicable provisions of this chapter or any other applicable laws, ordinances, rules and regulations. A violation of any provision of ;this chapter or of any order, rule or regulation authorized by this chapter, or of any other applicable law, ordinance, rule or regulation shall result in the person so violating being a trespasser ab initio, and the sheriff or director may eject any such person from a park. (Ord. No. 14(1989), § 2(17.04.260), 6-27-89} Sec. 12.00.060. Enforcement authority. Except as specifically provided in this chapter, the director shall enforce the provisions of this chapter. (Ord. No. 14(1989),'§ 2(17.104 . 270), 6-27-89) Sec. 12.00.070. Liability limitations. A person exercising any of the privileges authorized by this chapter does so at his own risk without liability on the part of the city, its officers, employees and agents, for death or injury to persons or damage to property resulting therefrom. l I (Ord. No. 14(1989), § 2(17.04.290), 6=27-89) Sec. 12.00.080. Penalty for violation. (a) Any person who violates any provisions of this chapter, the conditions of any permit issued pursuant thereto, or any rule or regulation relating to parks and ;recreation areas, is guilty of an infraction. Upon conviction thereof, he shall be punishable as provided in section 1.04.020. (b) Notwithstanding the provisions "of subsection (a) of this section, violation of sections or subsections 12.00.220, 12.00.230, 12.00.260(b), and (c), 12.00.270, 12.00.280, 12.00.320--12.00.350, 12.00.370, 12.00.380 and 12.00.510_. is a misdemeanor, punishable; as provided in section 1.04.010. (c) A repetition or continuation of any violation of any provision of this chapter, or of any order or direction of the director on successive days, constitutes a separate offense for each day during any portion of which such violation is committed, continued or permitted. (Ord. No. 14(1989); § 2(17:04.300), 6-27-89) Secs. 12.00.090--12.00.200. Reserved. DIVISION 2. PARK RULES AND REGULATIONS Sec.. 12.00.21`0. Applicability of division. The rules and regulations set out in this division apply to all parks except as otherwise expressly stated. (Ord. No. 14(1989), § 2(17.04.320), 6-27-89) Sec. 12.00.220. Hours of operation. A person shall not enter, be or remain in any park, or any facility related thereto, except as may be expressly permitted as follows: (1) Parks without lighted athletic fields or facilities. A person may enter, be and remain in any park without lighted athletic facilities between one-half hour before sunrise and one-half hour after sunset of each day. (2) Parks with lighted athletic fields or facilities. A person shall be permitted to enter, be, remain in any ,park which has lighted athletic facilities between one-half hour before sunrise and 10:00 p.m. A person may be permitted to enter; be and remain in any park which has lighted athletic facilities after 10:00 p.m. if such person has obtained, from the city manager or his designee, a` park use permit. Such park use permit shall designate, in writing, the name of the responsible person or organization who has permission to enter or remain after 10:00 :p.m., the dates such permit has been issued for the number of persons expected to be present and the estimated time at which the permitted person or organization will cease use of the park. The city council shall 'establish, by resolution, the fee applicable to such permit. (3)- Hours of operation. The city manager, or his designee, shall post the hours of operation in one or more conspicuous locations at each park. (Ord. No. 14(1989), § 2(17.04.330), 6-27-89; Ord. No. 12(1990), § 2, 9-18-90) Sec. 12.00.230. Park property and vegetation; damaging or removing prohibited;' exception. A person, other than a duly authorized park employee in the performance of his duties, shall not: (1) Dig, remove, destroy, injure, mutilate or cut any tree, plant, shrub, grass, fruit or flower, or any portion thereof, growing in a park; (2) Remove any wood, turf, grass, soil, rock, sand or gravel from any park; and (3) Cut, break, injure,, deface or disturb any rock, building, cage, pen, monument, sign, fence, bench; structure, apparatus, equipment or propertyin a park or any portion thereof; or mark or place thereon, or on any portion thereof, any mark, writing or printing; or attach thereto any sign, card, display or other similar device. (Ord. No. 14(1989), § 2(17.04.340), 6=27-89) Sec. 12.00.240. Motor vehicle restrictions; parking. A person shall not bring to or operate in any park any motor vehicle except at such times and at such places as permitted by the director in written regulations or, permits issued by him from time to time, and any such operation of a motor vehicle shall be in accordance with the conditions contained in such regulation or permit. A ;person shall not park any motor vehicle in any park except in areas designated by the director for parking. (Ord. No. 14(1989), § 2(17.04.370), 6-27-89) Sec. 12.00.250. House trailers and other camping vehicles. A person shall not bring a house trailer or other recreation traveltrailer type vehicle which can be used for overnight sleeping purposes into any park not having a designated overnight camping area except when authorized by the director for firefighting or other public emergencies. (Ord. No. 14(1989), § 2(17.04.380), 6-27-89) Sec. 12.00.260. Animals. (a) Prohibited generally. A person shall not bring into a park any cattle, horse, mule, goat, sheep, swine, dog, cat or other animal of any kind except as hereafter specifically provided or as otherwise permitted by the director. (b) Dogs and cats permitted under certain conditions. A person may bring and maintain, in any park exclusive of golf courses, a dog or cat if such dog or cat is kept on a leash or chain and under full control of its owner or custodian, or 'upon written permission of the director when required for authorized park programs. (c) Horses and similar animals permitted under certain conditions. A person may only lead or ride a horse, mule, donkey or other similar animal on designated trails or in designated equestrian areas subject to all rules and regulations governing their use, or in other park areas upon written permission of the director, subject to the regulations of such use permit. (d) Grazing livestock prohibited, exceptions. A person shall not permit any cattle, horses, goats, sheep, swine or any domestic animal to graze in any park, except on property designated for such purpose. (e) Injuring or killing prohibited, exceptions. A person shall not molest, hunt, disturb, injure, shoot at, take, net, poison, wound, harm, kill or remove from any park or riding and hiking trail any kind of animal except: (1) When necessary to avoid bodily harm; (2) When fishing or hunting are permitted by the director; (3) If requestedby the administrative head of a, park containing a nature museum, he may capture such an animal and deliver it unharmed to the administrative head; and (4) If a person is a duly authorized park employee and :is doing so in the performance of his duties. (Ord. No. 14(1989), § 2(17.04.400--17.04.430, 17.04.470), 6-27-89) Sec. 12.00.270. Disturbances. A person shall not disturb the peace and quiet of any park by: (1) Any unduly loud or unusual noise; (2) Tooting, blowing or sounding any siren, horn, signal or noise -making device; (3) Any obscene, violent or riotous conduct; or (4) The use of language calculated to incite an immediate, violent breach of the peace. (Ord. No. 14(1989), § 2(17.04.435), 6-27-89) Sec. 12.00.280., Alcoholic beverages and narcotics or dangerous A person shall not enter, be or remain in any park while in possession of, transporting, purchasing, selling, giving away or consuming any alcoholic beverage except at a concession facility duly authorized by the city council and properly licensed or in connection with a special event duly authorized by the director for which the sponsoring organization is properly licensed by the state department of alcoholic beverage control. A person shall not enter, be or remain in any park while in possession or transporting, purchasing, selling, giving away or consuming any narcotics and dangerous drugs. (Ord. No. 14(1989), § 2(17.04.440), 6-27-89) Sec. 12.00.290. Soliciting for or selling merchandise; restrictions. A person shall not solicit in any manner or for any purpose, or sell or offer for sale any goods, wares or merchandise therein except: (1) Pursuant to a concession or other agreement authorized by the city council. (2) A sports team which is a memberofa regular sports league and which admits all members of the general public to the` sporting event to the extent of capacity without discrimination and without charge to any game played may solicit voluntary contributions from the spectators attending such game. (3) Pursuant to permission granted by the city council, if the acts permitted will not in any way detract from the use of the park by the public and if the proceeds are used for charitable purpose and the city council so finds. (4) When found by the director to be consistent with the policies of the department or to promote the programs of the department, under conditions prescribed by him. (Ord. No. 14(1989), § 2(17.04.460), 6-27-89) Sec.12.00.300. Nudity and disrobing prohibited; exceptions. (a) No person shall appear, bathe, sunbathe, walk, change clothes, disrobe or be in any park in such a manner that the genitals, vulva, pubis, pubic 'symphysis, pubic hair, buttocks, natal cleft, perineum, anus, anal region or pubic hair region of any person, or any portion of the breast at or below the upper edge of the areola thereof of any female person, is exposed to public view,,except in those portions of a comfort station, if any, expressly set aside for such purpose. (b) This section shall not apply to persons under the age of ten years, provided such children are sufficiently clothed to conform to accepted community standards. (c) This section shall not apply to persons engaged in a live theatrical performance in a theater, concert hall or similar establishment which is ;primarily devoted to theatrical performances. (Ord. No. 14(1989);§ 2(17.04.480), 6-27-89) Sec. 12.00.310. Rubbish disposal. A person shall not throw, place or dispose of any garbage, refuse, waste paper, bottles or cans in any place in a park other than into a garbage can or other receptacle maintained therein for that purpose. (Ord. No. 14(1989), § 2(17.04.500), 6-27-89) Sec. 12.00.320. Concessions and other facilities; sanitation requirements. The lessee, agent, manager or person in charge of a facility under lease or concession from the city, or owned in fee in any city park, shall at all times maintain the premises under his charge in a clean, sanitary condition, free from malodorous materials and accumulations of garbage, refuse, debris and other waste materials. Should the director find that any facility under concession or lease is not so maintained, he shall in writing notify the concessionaire, lessee, agent, manager or other person in charge of the facility to immediately commence and diligently prosecute to completion the necessary correction oftheunsanitary condition to the satisfaction of the director. Failure to do so with reasonable dispatch shall be cause for the director to cause the condition to be corrected as he deems necessary, and the costs of such correction to be charged to the lessee, concessionaire, agent, manager or person in charge. (Ord. No. 14(1989), § 2(17.04.510), 6727-89) Sec. 12.00.330. Flammable and combustible liquids and materials. (a) Within a park, no person shall sell, offer for sale or deliver in bulk any class of flammable liquid or combustible material, except when in compliance with all requirements of the county fire code, and any other laws or regulations applicable thereto. (b) A person shall not store, transfer, handle or use any flammable liquid or combustible liquids within a park, except under the following conditions: (1) The storage of class I flammable liquid within a closed storage container or cabinet shall be limited to three gallons in aggregatecapacity. (2) Flammable liquids when stored shall be in an approved safety container. (3) The storage of combustible liquids within a closed storage container or cabinet shall be limited to six gallons in aggregate capacity. (4) A person shall first obtain a permit from the fire department to handle or use any flammable liquid or combustible liquid in excess of the quantities mentioned in subsections (b)(1) and (b)(2) of this section. (c) A -person shall not leave stored in any park any empty tanks and containers previously used for flammable or combustible liquids, unless free from explosive vapors, except that empty, approved safety containers may be kept in storage. (d) A person shall not use any class I flammable liquid for washing parts or for ,removing grease, dirt or other substances. (Ord. No. 14(1989), § 2(17.04.520), 6-27-89) Sec. 12.00.340. Unsafe or dangerous conditions; barricades or other measures authorized under certain conditions. Whenever any buildings, structures or floating facilities within a park, either on land or water, are found to be defectiveordamaged so as to be unsafe or dangerous to persons or property, it shall be the duty of the concessionaire, agent, lessee, operator or person in charge thereof to immediately post a proper notice and fence or barricade and at night to adequately light such unsafe area, and such unsafe area shall be kept posted and lighted and fenced or barricaded until necessary repairs are made. If the concessionaire, agent, lessee, operator or person in charge fails or neglects to repair or to put up fences or other barriers to prevent persons from using or going upon the unsafe areas, the director may then take such measures as he may deem necessary#or the protection of the public, and charge the cost of same to such concessionaire, lessee, agent, operator or person having charge of the buildings, structures or facilities that are defective or dangerous. (Ord. No. 14(1989), § 2(17:04.580), 6-27-89) Sec. 12.00.350. Fires. A person shall not light or maintain any fire in any park other than in a stove, fire circle or area designated for such purpose; except upon written authorization from the director. All fires lighted or maintained; pursuant to this section shall be in compliance with all applicable rules and regulations of the county air pollution control district, United `States Forest Service, and any fire department having jurisdiction over the respective park areas. (Ord. No. 14(1989), § 2(17:04.590), 6-27-89) Sec. 12.00.360. Harmful objects. A person shall not place, throw, leave, keep or maintain any object in such a manner or in such "a place that any person or animal may be injured -or any structure or vehicle may be damaged thereby. (Ord. No. 14(1989), § 2(17.04.600), 6-27-89) Sec. 12.00.370. Firecrackers and other explosives. A person shall not take or transport into any park, or have in his', possession therein, or fire or discharge therein any firecracker, rocket, torpedo, fireworks or other explosive substance unless he first obtains a permit to do so from the director and complies with all other, applicable ordinances. (Ord. No. 14(1989), § 2(17.04.610), 6-27-89) Sec. 12.00.380. firearms and other weapons. A person shall not bring into, discharge, or shoot any firearms, air gun', slingshot, or bow and arrow in any park except at areas designated for such purpose by the director. (Ord. No. 14(1989), § 2(17.04.620), 6-27-89) Sec. 12.00.390. Model airplanes. A person shall not operate model airplanes except in areas designated for such use, and subject to all rules and regulations contained in such written permission. (Ord. No. 14(1989), § 2(17.04.630), 6-27-89) Sec. 12.00.400. Sleds, skis and other winter sports, equipment. A person shall not hitch or pull by any vehicle upon, along or across any road or driveway any toboggan, sled, skis or any other type of winter sports equipment. A person shall not use any toboggan, sled, skis or any other type of winter sports equipment upon, along or across any road or driveway. (Ord. No. 14(1989), § 2(17.04.640), 6-27-89) Sec. 12.00.410. Golf`. A person shall not play or practice golf (including, but not limited to, driving, chipping; or putting a standard or simulated golf ball), except in a golf course, driving range and/or areas permitted by the director, and subject to all rules and regulations posted at such areas. (Ord. No. 06(1997), § 1, 9-2-97) Secs. 12.00.420-12.00.500. Reserved. CHAPTER 1.04. PENALTIES, CIVIL REMEDIES AND SEVERABILITY* *Cross reference(s)--Alarms systems, § 5.08.010 et seq.; emergency organization, § 8.00.010 et seq.; public peace, morals and welfare, tit. 9; vehicles and traffic, tit. 10 Sec. 1.04.010. Misdemeanors. (a) It is unlawful for any person to violate any provision or fail to comply with any of the requirements of this Code. Except as otherwise provided in this Code, any person violating any provision of this Code or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine not exceeding $1,000.00 or by imprisonment not exceeding six months, or by both such fine and imprisonment. (b) Each such person shall be deemed guilty of a separate offense for each and every day, or any portion thereof, during which any violation of any of the provisions of this Code is committed, continued or permitted by such 'person and shall be deemed punishable therefor as provided in this section. State law reference(s)--Similar, provisions, Government Code § 36901. Sec. 1.04.020. Infractions: (a) Notwithstanding the `provisions of section 1.04.010, any person violating any provision of this Code or failing to comply with any of the requirements thereof, where such violation or failure is denominated an infraction, shall be deemed guilty of an infraction and, upon "conviction thereof, shall be punished by a fine not exceeding $100.00 for a first violation; by a fine not exceeding $200.00 for a second; violation of the same provisions within one year; and by a fine not exceeding $500.00 for each additional violation of the same provision within one year, (b) Each such person shall be deemed guilty of a separate offense for each and every day, or portion thereof, during which any violation of any of the provisions of this Code is committed, continued or permitted by such person" and shall be deemed punishable therefor as provided in this section. State law reference(s)--Similar provisions, Government Code § 36900. Sec. 1.04.030.Violation; nuisance; civil remedies. The violation of any of the provisions of this Code constitutes a nuisance, and may be abated by the city through civil process .by means of restraining order, preliminary or permanent injunction, or in any other manner provided by law for the abatement of such nuisances: CITY OF DIAMOND BAR AGENDA REPORT AGENDA N0. TO: James DeStefano, Interim City Manager MEETING DATE: April 3, 2001 REPORT DATE: March 29, 2001 FROM: Bob Rose, Director of Community Services TITLE: RESOLUTION NO. 2001 -XX OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ADOPTING THE COMMERICAL TENNIS INSTRUCTION POLICY SUMMARY: If Ordinance No. XX -2001 in item A of this agenda item regarding Commercial Tennis Instruction is adopted by the City Council, then this resolution establishing the details of the policy for Commercial Tennis Instruction must be considered during the Public Hearing. The policy.proposed by staff and the Parks & Recreation Commission includes the following elements: a. Hourly fee for court use of $15; $25 per hour with lights. b. Requires deposit of $100 per court` reserved. Continued on Page 2 RECOMMENDED ACTION: It is recommended that the City Council open the public hearing, receive testimony, close the public hearing and adopt Resolution No. 2001 -XX adopting the Commercial Tennis Instruction Policy. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification X Resolution Bid Specifications _ Ordinance X Other: December 19, 2000 City Council Agreement(s) Minutes February 13, 2001 P&R Commission Minutes EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? X Yes _ No 2. Does the report require a majority vote? X Yes No 3 Has environmental impact been assessed? — Yes _ X No 4. Has the report been reviewed by Commission? X Yes _ No What Commission? Parks & Recreation Commission 5. Are other departments affected by the report? X Yes _ No Report discussed with the following affected department: LA County Sheriff's Department REVIEWED BY: James DeStefd Bob Rode Interim City Manager Director of Community Services Continued From Page 1 C. Allows use of only one court per park per day for Commercial Tennis Instruction. d. Limits the use of courts such that Commercial Tennis Instruction will not be allowed 6:00 p.m. to 10:00 p.m. Monday through Friday nor all day on Saturday and Sunday, e. Requires $1,000,000 liability insurance coverage from the instructor to protect the City of Diamond Bar. f. Allows the City to cancel approved reservations with 24 hours notice in order to accommodate City needs. g. Limits reservations to three months advance booking. h. Requires ten(10) day advance notice for public posting of reserved use. This policy has been set up to allow private tennis instructors the use of public tennis courts for instruction while also preserving the court time necessary for the public to drop in and play tennis. MEETING DATE: TO: FROM: CITY COUNCIL REPORT April 3, 2001 Honorable Mayor and Members of the City Council James DeStefano, Interim City Manager SUBJECT: RESOLUTION NO. 2001 -XX OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ADOPTING THE COMMERICAL TENNIS INSTRUCTION POLICY Issue Statement Adoption of this Resolution will establish the details of the process and required fees for commercial instruction on the tennis courts at the City's parks. Recommendation It is recommended that the City Council open the public hearing, receive testimony, close the public hearing and adopt Resolution No. 2001 -XX adopting the Commercial Tennis Instruction Policy. Financial Summary There are no costs related to the adoption of this resolution. Background The Commercial Tennis Instruction Policy was developed in response to the City Council's direction to develop a permit process that allows private tennis instructors to teach lessons at the City's courts. Staff worked with the Parks & Recreation Commission and the L.A. County Sheriff's Department to develop the proposed policy. Discussion The Commercial Tennis Instruction Policy allows private instructors to rent tennis courts in the public parks for tennis instruction. The tennis instructor is required to have liability insurance and pay a fee to use the courts for this purpose. Important elements included in the policy are: a. Hourly fee for court use of $15; $25 per hour with lights. b. Requires deposit of $100 per court reserved. C. Allows use of only one court per park per day for Commercial Tennis Instruction. d. Limits the use of courts such that Commercial Tennis Instruction will not be allowed 6:00 p.m. to 10:00 p.m. Monday through Friday nor all day on Saturday and Sunday. e. Requires $1,000,000 liability insurance coverage from the instructor to protect the City of Diamond Bar, f. Allows the City to cancel approved reservations with 24 hours notice in order to accommodate City needs. g. Limits reservations to three months advance booking. h. Requires ten(10) day advance notice for public posting of reserved use. RESOLUTION NO. 2001 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ADOPTING THE COMMERCIAL TENNIS INSTRUCTION POLICY A. Recitals (i) The City of Diamond Bar operates tennis courts for public use at certain City parks. (ii) The City Council recognizes that professional tennis instructors desire to conduct tennis lessons for a fee at public tennis courts and that some residents of the City benefit from such instruction.' (iii) Due to the high demand for use of ,public tennis courts for general public use, for use by the City's organized recreation program, and for private tennis instruction, the City of Diamond Bar must periodically establish policies to ensure their efficient and effective use and their availability to the public. (iv) This Resolution is adopted pursuant to the authority provided in Section 12.00.430 of the Diamond Bar Municipal Code. B. Resolution NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Diamond Dar that: 1. In all respects as set forth in the recitals, Part A, of this Resolution. 2. The Commercial Tennis Instruction Policy as set forth in Exhibit A is hereby adopted. PASSED, APPROVED AND ADOPTED this day of 2001. ROBERTS. HUFF, MAYOR I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was duly and regularly passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on this day of ,2001, 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 CITY OF DIAMOND BAR COMMUNITY AND DEVELOPMENT SERVICES DEPARTMENT COMMERCIAL TENNIS INSTRUCTION POLICY COMMERCIAL USE / PRIVATE LESSONS The City Manager, or his designee, may issue a permit for the commercial use of tennis courts for professional tennis instruction in any City park, provided the following terms and conditions are met: 1. For the purpose of this policy, "commercial use" means the use of such courts by an individual or for-profit organization for conducting private or group professional tennis instruction in return for compensation, including, but not limited to, fees or gratuities. 2. Commercial use shall be permitted on no more than one (1) tennis court per facility, per day. Commercial use shall not be allowed at a facility at such times as City offered tennis instruction classes are being provided. 3. Unauthorized commercial use of City tennis courts is a misdemeanor, pursuant to City of Diamond Bar Municipal Code Section 12.00.430. Both the instructor and student may be cited for providing or receiving unauthorized commercial tennis instruction. 4. All hourly and other fees are due and payable at the time of application. 5. Courts shall not be available for commercial use from 6:00 p.m. to 10:00 p.m. Monday through Friday and all day on Saturday and Sunday. 6. To obtain a reservation to utilize a court for commercial use, the applicant must submit completed and signed facility_ Reservation Application Form, proof of liability insurance and the applicable fee asset forth below. An approved facility reservation permit must be in the possession of the applicant while on the reserved court. 7. The City reserves the right to cancel reservations up to twenty-four (24) hours prior to commercial use' n order to accommodate City use of the court. 8. Courts may be reserved no more than three (3) months in advance of use. 9. Reservations must be submitted at least ten (10) days prior to desired date. 10. Liability insurance must be provided as follows: Comprehensive Personal Liability and Property Damage Insurance with limits of not less than $1,000,000 with the City of Diamond Bar, its elected officials, officers, agents or employeesthereof, designated as additional insured. FEE SCHEDULE This fee schedule applies to the use/rental of City -owned facilities for the provision of commercial tennis instruction: Deposit/Court: $100 Fees (hourly)/Court: $15 per hour; $25 per hour with lights DECEMBER 19, 2000 PAGE 9 CITY COUNCIL the issue. he pointed ou at the zoning ' improper for this a of installato .She asked w there have bee o cellular antennas laced in the are of D.B. BlvdJ and Ave. to mak ervice'available in at vicinity. Foil ing public mment, C/Ansar' moved, MPT/Herr a seconded, to c tinue the m er to January 16, 01. Motion carried the following R all vote: t AYES: COUNCIL ME BERS - Ansari, C ng, O'Connor, T/ Herrer /Huff N S: COUNCIL EMBERS - Non SENT: COUNC MEMBERS - N e 8. OLD BUSINESS: _a 8.1 CONSIDERATION OF ELIMINATION OF THE SIX -BALL RULE ON y THE TENNIS COURTS OF THE PUBLIC PARKS IN DIAMOND BAR i - A group of residents who use the tennis courts in the public parks have requested that the rule that limits them to using a maximum of _s six tennis balls while playing tennis be abolished. The purpose of the six -ball rule is to identify unauthorized tennis instructors using the public tennis courts for personal financial gain. All of the unauthorized'` instructors encountered by staff use a basket of tennis balls so they can efficiently teach their, students, who normally pay by the half-hour. The Parks and Recreation Commission received extensive resident input and reviewed their concerns at two different regular meetings, which were conducted on October, 26th and November 16th. The Commission believes that the six -ball rule should be eliminated and that another method should be used to identify unauthorized instructors. Staff believes that if the six -ball rule is eliminated, then an ordinance will be needed to strengthen th6i prohibition of unauthorized tennis instruction on the City's tennis courts in the; public parks. UponM/Huff's request for show of hands, five audience members raised their hands' indicating opposition to the elimination of the six ball rule, and 13 audience members raised their hands in support of elimination of the six -ball rule. Vib Verma spoke in favor of elimination of the six -ball rule. However, he has`a problem with the term "unauthorized" instructor because he teaches his children. Mark Dalli, Mad Dog Tennis & Racquet Sports, agreed with the recommendations of the ad hoc committee (#2, #3 and #4) except for recommendation #1, which should be 'implemented after the community works toward eliminating the pirate teachers. He provided a flyer from the U.S. Professional Tennis Assn., which states that the AA number 1 problem with accidents that occur on the tennis court are I DECEMBER 19, 2000 PACE 10 CITY CDU NAIL from stepping on; tennis balls. Robert Chou thanked Council for considering this matter. He explained why he`favored elimination of the six -ball rule. He asked if ► - the City had been damaged by pirate teachers. Because of five illegal teachers, residents must all suffer from this unreasonable law. He also favored ridding the City of illegal teaching activities. Paul`Marvek spoke in favor of eliminating the six -ball rule. r _ - Kay Dalli. presented a chronology of what she has witnessed in connection with tennis play in the City's parks since the City determined to enforce the six -:ball rule. Simon Shum favored elimination of the six -ball rule but felt apprehensive about spending time and energy in eliminating the pirate teacher. MPT/Herrera stated that residents are being deprived of court time because pirate teachers monopolize the tennis courts. She suggested that the number of tennis balls allowed on the court be increased from 6 to 12 or 20. C/O'Connor took exception to spending City resources to enforce a low -priority regulation. She suggested that individuals who wish to teach in the City contact homeowners' associations and the City to become licensed to operate in D.B. CSD/Rose responded to C/O'Connor that he is aware of three or four business owners and individuals who have expressed concern about illegal teachers. C/Ansari suggested D.B. following Irvine's practice and make it legal for these individuals to teach on the courts: Following discussion, C/Chang moved, C/Ansari seconded to 1) abolish Rule No. 5 (six -ball limit); 2) establish an absolute 30minute time limit when other players are waiting to use the court; 3) impose fines for unauthorized instructors; 4) provide additional signage to be posted stating harsher restrictions on unauthorized instructors (list fine amounts on these new signs and state that the city may: seek a restraining order for repeat offenders). Further, direct staff to present an ordinance at a future Council' meeting to strengthen the prohibition of unauthorized instructors on the tennis courts in the public parks and to provide a specific Municipal Code' number toplaceon the sign recommended in item #4: In addition, staff is directed to further study how to regulate private instructors. Motion carried by the following DECEMBER 19, 2000 PAGE 11 CITY COUNCIL Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Chang; O'Connor, MPT/ Herrera, M/Huff NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None N BUSINESS: 1 CONSIDER ION OF COU CIL COMMITTE APPOIYE - The followi g appointment�r were announced M%Huff: s� CITY COUNCIL APPOINTM TS COMMITTEE DELE AT ALTERN California Co tract Cities Association Chang nsari California int Powers Insurance Authority Huff errera CLOUT f Ansari Chang Foothil ransit Board Huff Chang Four- orners Transpcytat'on Policy Grou Huff'' Chang Gr e ter Los Angeles'County Vector Co rol District acBride !,A. County Sanitation District No. 21 Hu O'Connor anterman Community Advisory C mittee (State) errera Huff L.A. County City Selection Com ittee< Huff Herr a League of California Cities- L .'County Divisi Herrera Ch, g San Gabriel Valley Council: Governments Huff O' onnor San Gabriel Valley Econ P rtnership of Commer e & Cities O'Connor Ansari So. Calif.' Association f Governments CAG) Chang Ansari Tres Herman s Conservation #hority Huff/He era Ansari Wildlife Co 'dor Conservatio Authority (WCCA)- 'Connor Herrera Wildlife orridor Conserva ' n Authority dvisoryCom M Bride/R. J. Wilko CITY C UNCIL STANDING C MITTEES FinanceHuff10'Co nor City Council G `aIs/City Manager Eval tion Huff/Herr ra City On Line echnical Huff/O' onnor Commun Civic Center Huff/ Connor Commu ty Coordinating Com i ee Huff 'Connor Diamo d'Bar Community Fou ation O' onnor Eco omic Development rrera/O'C nnor La terman Community A lsory Committee, (City uff/Herres Legislative Ansad/C ` ng FEBRUARY 13, 2001 PAGE 3 PARKS &' REC COMMISSION 2.4 amond Bar Community Foundation Rep -Continued to the next in Cr CPRS Confer a Update - Repo y RS/Olivas. 3. OLD BUS Non 4. NEW BUSINESS: 4.1 Commercial Tennis. Instructor Permit Process: CSD/Rose presented staff's report. Staff recommends that the Commission review the Commercial Tennis Instructor Permit Process and recommend its approval to the City Council. Mark Dali, Mad Dog Racquet Sports, said that legitimate instructors do not pay hourly fees, they pay a percentage of their income derived from teaching at a specific location. He believes that pirate instructors will not pay the city these kinds of fees which will eliminate them from the courts. He recommended that the city educate the community about how to ;locate legitimate instructors. He thanked the subcommittee for their good efforts. Mr. Dali indicated to C/Hull that he generally charges $50 per hour for instruction. A series of five lessons costs $200. C/St. Amant explained the difference between' infraction and misdemeanor. Following discussion, C/Hull moved, C/Torres seconded, to recommend that the City Council approve the Commercial Tennis Instruct Permit Process as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Hull, St. Amant, Torres, VC/Anis, Chair/Finnerty NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None INNCEMENTS: C/Ilull asked`for update on the rolle /attthe which responded that e has not heard fr the ownerntrequeste that the special pr 'ect's deputies be ' vited tParks tion Co ssion meeting to scuss the skate�park. DR CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. 1 TO: James DeStefano, Interim City Manager MEETING DATE: April 3 2001 REPORT DATE: March 29, 2001 FROM: Phil Armentrout TITLE: AREA 'V'_ JOINT POWERSAGREEMENT FOR INTER -AGENCY COOPERATION FOR DISASTER PREPAREDNESS SUMMARY: As a result of the Oakland East Bay Hills Fire in 1995, the State of California adopted the Standardized Emergency Management System (SEMS) requiring all local governments within a county geographic area to be organized into a single Operational Area. The L.A. County Board of Supervisors established the L.A. County Operational Area on July 5, 1995 to accomplish the objectives of SEMS by promoting greater efficiencies in disaster management, planning, training' and preparedness. The attached Joint Powers Agreement (JPA) is a revision of an existing agreement between Los Angeles County and Area D cities, which' originated in 1958. Since 1958 several modifications in disaster management have been identified and adopted by'the 'Los Angeles County Offices of Emergency Management. The proposed JPA ---6corporates these changes. RECOMMENDATION It is recommended that the City Council adopt the revised JPA which includes the use of SEMS (Standardized Emergency Management System), which became law in 1995 and recognizes the Los Angeles County Operational Area as the lead agency for disaster management. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification Resolution(s) _:Bid Specification (on file in City Clerk's office) _ Ordinance(s) Other: Notice of Completion Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? X Yes _ No 2. Does the report require a majority vote? X Yes No ,3. Has environmental impact been assessed? _ Yes X No 4. Has the report been reviewed; by a Commission? Yes X No Which Commission? 5. Are other departments affected by the report? Yes X No Report discussed with the following affected departments: R VIEWED BY: DEPARTMENT HEAD: James DeStefano Davi' A. Doyle Lynda Burgess Interim City Manag' r Deputy City Manager City Clerk CITY COUNCIL REPORT AGENDA NO. MEETING DATE: April 3, 2001 TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, Interim City Manager SUBJECT: Revised Joint Powers Agreement (JPA) ISSUE STATEMENT: Should the City Council adopt the proposed ,'JPA for Inter Agency Cooperation with Area "D" and Los Angeles County? RECOMMENDATION: It is recommended that the City Council adopt the revised Joint Powers Agreement, including the use of SEMs (Standardized Emergency Management System), which became law in 1995 and its Addendum and recognizes the Los Angeles County Operational Area as the lead agency for disaster management. FINANCIAL SUMMARY: The adoption of the revised Joint Powers Agreement does not result in any additional costs. The annual cost to maintain membership in Area D remains the same as last year at $2,724.40. BACKGROUND: As a result of the Oakland East Bay Hills Fire in 1995, the State of California adopted the Standardized Emergency Management System (SEMS) requiring all local governments within a county geographic area to be organized into a single Operational' Area. The L.A. County Board of Supervisors established the L.A. County Operational Area on July 5, 1995 to accomplish the objectives of SEMS' by promoting greater efficiencies in disaster management, planning, training and preparedness. The attached Joint Powers Agreement (JPA) is a revision of an existing agreement between Los Angeles County and Area D cities, which originated in 1958. Since 1.958 several modifications in disaster management have been identified and adopted by the Los Angeles County Offices of Emergency Management. The proposed JPA incorporates these changes. This item was originally presented to the City Council on March 6, 2001 andr then again on March 20, 2001. At the March 20th Council meeting, the Area D Coordinator attended the meeting and answered Council's questions regarding the selection process and the difference between the two governing boards, the Executive Board and the Governing , Board. At that time, the City Council requested additional information regarding the composition of the Executive Board. Each Disaster Management Area has a different governing board structure (i.e. area G is comprised of City Managers only). In Area D there is a Governing Board, consisting of representatives from each member city, that meets monthly. The Diamond, Bar Emergency Services Coordinator attends these meetings, as directed by the City Manager. In lieu of a Chairperson of the governing Board, there is an Executive Committee. The Executive Committee is comprised of a law enforcement representative (Azusa), a fire representative (West Covina), an elected official (Irwindale), a City Manager representative (San Dimas), and ..a representative from Los Angeles County. The Executive Committee meets every other month at a restaurant in Glendora and a representative from any member city may attend these meetings as an observer. According to a spokesperson from Area D, the Executive Committee represents both large and small cities as well as both contract and full service cities. There are no formal terms for Executive Committee members nor is there a formal selection process to appoint new members. In the past, as certain members resign from the positions on the Committee, the replacement process has been through peer contact versus any formal nomination and selection process. In the past the problem has been finding individuals interested in serving on the Executive committee rather than selecting from a group of interested parties. The board meets six times a year. The JPA has been approved in both form and content by the legal counsel for Los Angeles County and by the City Attorney. PREPARED BY: Phil Armentrout, Emergency Services Coordinator Asea D Mailing Address: Phone: 626-969-6998 725 N. Alameda Avenue Fax: 626-969-3719 Azusa, GA. 91702' Pager: 626-201-0919 Office O, f Disaster Management Email`. brendah@earthlink.net March 14, 2001 Phil and Deborah Armentrouit City of Diamond Bar 21660 E. Copley Dr. Diamond Bar, CA. 91765 Dear Phil and Deborah: In response to our conversation of March 7, 2001 regarding the Joint Power Agreement, I am providing documentation which should assist the City Council in reaching resolution to this issue. Enclosed is a comparison document between the original JPA, signed in 1958, and the current JPA. I would also like to address possible points of confusion in the JPA Please refer to Page 1, paragraph 2, reference to SEW As a resultof the Oakland East Bay Hills Fire in 1991, SEMS was developed as a method of managing emergencies. SEMS became part of the California Code of Regulations in 1994. Part of the SEMS regulations required. the Board of Supervisors of each county in the state to establish itself as an Operational Area and, as such, establish itself as the lead agency in the Operational Area for disaster management. The Los Angeles County Board of Supervisors established itself as the Operational Area in July 1995. Please refer to Page 3 Section 2.1, reference to the Governing Board and Executive Board The Governing Board for Area D is, in fact, the city representatives who attend the monthly meetings which Area D facilitates. The Emergency Services Coordinator' for each city usually acts as the "representative from each party" unless otherwise designated by a city. Some cities officially designate the City Manager, Police Chief or Fire Chief as the representative, who in turn, then appoints the Emergency Services Coordinator to represent them at the monthly meeting. The Executive Board for Area D was originally `created in 1958 to act as the policy and administrative oversight committee for the Governing Board. The original signatories to the JPA decided to create an Executive Board who would collectively act on behalf of the Governing Board. This would bring a broad spectrum of experience, talent and perspective to the position, It was at this time that the Governing Board hired an Area Coordinator. The Area Coordinator would "them represent both Boards at their respective meetings. Serving the communities of Arcadia • Azusa • Baldwin Park • Bradbury • Claremont • Covina • Diamond Bar• Duarte • El Monte Glendora Industry • Irwindale - La Puente • La Verne • Monrovia • Pomona • Rosemead • San Dimas • San Gabriel San Marino • Sierra Madre • South EI Monte • Temple City Walnut West Covina Los Angeles County Page 2 March 8, 2001 JPA The Executive Board has, for forty-three (43) years, been composed of representative from a local law enforcement agency (Chief or Captain); a representative from a local fire service agency (Chief, Assistant Chief or Battalion Chief), a representative from city administration (City Manager), a representative from a city council (an elected council member) and a representative from the Los Angeles County Office of Emergency Management, acting on behalf ofthe Los Angeles County Board of Supervisors/CAD's Office. The Executive Board's current membership is as follows: Robert Garcia, Captain; Azusa Police Department Richard Greene, Chief, West Covina Fire Department Blaine Michaelis, City Manager, City of San Dimas Pat Miranda, Council member; City of Irwindale Sandra Tufts, Coordinator, Los Angeles County Office of Emergency Management Please note that the Executive Board is also representative of small and medium sized cities. It is also representative of full service cities as well as full contract jurisdictions. The typical term of service on the Executive Board is two to four years. Replacement of Executive Board members is the' responsibility of the Executive Board and the members are not elected. However, when an Executive Board member resigns, all cities are notified via the Area Coordinator's monthly board report and any city can forward a candidate's name to the Executive Board for consideration. Example: Marty Lomeli, City Manager of La Verne, was an Executive Board member and, when he resigned, provided the remainingBoard members with the names of potential candidates for his position. The Executive Board spoke to each candidate and then reached the consensus to ask Blaine Michaelis to serve in the City Manager position. Please note that Executive Board members serve without any form of compensation Prior to the current Executive Board, who has served for approximately one year, the Executive Board was composed of the City Manager of La Verne, a Captain from Baldwin Park Police Department, the Fire Chief from Arcadia and a Council member from Irwindale. Council member Pat Miranda graciously consented to remain as our elected official representative to ensure continuity of the Board. Members of the Executive Board rotate amongst the cities of Area D to ensure all cities have an opportunity to serve on the Board as their schedules allow. The Executive Board oversees the budget for Area D, approval of an annual work plan, hiring of personnel and ensures the needs of the cities are being met. The host jurisdiction's Chief Financial Officer conducts an independent audit of Area D's accounting practices on an annual basis. Within the Executive Board, one member is selected to serve as Chairperson, representing both the Executive and Governing Board members. Currently, the Chairperson is Pat Miranda, Council member from the City of Irwindale. The Executive Board meets every other month beginning in January of each year. Please refer to Page 3, Section 3.2, reference to Disaster Management Area Coordinator: The position of Disaster Management Area Coordinator is a full time, paid position. Funding forthisposition comes from two sources: Emergency Management Assistance (EMA) matching grant program through the Federal Emergency Management Agency (FEMA) and member -city assessment based on a per capita rate. Page 3 March 8, 2001 JPA The 50150 snatch provides salary and operating budget for Area D. Each full-time Area Coordinator has a "host jurisdiction" to provide payroll and human resource services. The Executive Board of Area D, using the humanresource practices of the host jurisdiction, is responsible for recruitment,' hiring, disciplinary actions and dismal of the Area Coordinator. To date, twenty of the twenty-three cities of Area D have already entered into the JPA. The remaining three, including Diamond Bar, are now going to their respective city councils for adoption. The twenty-five cities of Area E have all adopted their JPA as have all the fourteen cities of Area G. I am pleased to report two areas, who previously have not had JPA's, Areas A and F, are now official. In both cases, alf cities within the Areas have adopted the JPA. I hope this clarifies any remaining issues you have regarding the JPA and I, am available at your convenience to answer any questions or to meet with your staff or elected officials. Sincerely, Area Coordinator Enclosure II cG Z N vi q D Qm ►�. R V1 O O 'b N C > O N 00 '590 49ea G o y V 141Z. ami p �j O 0 W 't7 O N y Q N ow �En-Q.0 w3:�8 "z;- �, N .. G 3 U� �r Cq rn N -G� V v y_ yam. •fir �,i C%' �. 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M. 4> P "O OT O_ a U� 9RC .c �° �co. a 0 a� O ed N O O, N v y O cC O O O O d S•�" Ew vVi 0 F� CL ea T Zfr] G F2 tn 79 as �-+ ^ JOINT POWERS AGREEMENT TO PROVIDE FOR INTER -AGENCY COOPERATION IN MAJOR NATURAL OR MAN-MADE DISASTER DISASTER MANAGEMENT AREA D Los Angeles County Operational Area WHEREAS, natural or man-made disasters such as earthquakes, fires,'floods, civil unrest, acts of terrorism or other physical manifestations may affect the peace, health, safety and general welfare of large numbers of persons and extensive areas; and WHEREAS, the State of California has adopted the Standardized Emergency Management System ("SEMS") pursuant to Title 19, Division 2 of the State's Code of Regulations requiring all ; local governments within`a county geographic area to be organized into a single Operational Area; and -WHEREAS, in accordance witn SEMS, the hoard of Supervisors of the County of Los Angeles established the Los Angeles County Operational Area ("Operational Area") on July 5, 1995, with the County of Los Angeles serving as the lead agency of the Los Angeles County Operational Area; and WHEREAS, to enable the Los Angeies County Operational Area to accomplish -the objectives of SEMS by promoting greater efficiencies in disaster management, planning, training, and preparedness, it is essential to coordinate the efforts of the cities' within the Los Angeles County Operational Area; and WHEREAS, such coordination can be accomplished by cooperative management, planning, training, and preparedness action through responsible agencies prior to the time disaster response is required; and areadjpa.wpd 09/08/98 WHEREAS, there have been established Disaster Management Areas (previously known as "Civil Defense Areas") within the Los Angeles County Operational Area, each having a Disaster Management Area Coordinator who serves as a representative on the Operational Area Advisory Board to facilitate communication between the cities and the Operational: Area; and WHEREAS, the parties to this Agreement are located within Disaster Management Area D of the Los Angeles County Operational Area and, therefore, have mutual interests and _objectives to accomplishwith reference to disaster management, planning, training and preparedness within said Area D; and WHEREAS, the power to prepare for and mitigate natural or man-made disasters, and the power to act in case of emergency or disaster, are all powers common to the parties to this Agreement; and WHEREAS ,":hat in order to efficiently and adequately the powers hereinabove referred to, it is essential that skilled personnel, charged with the duty of coordinating disaster managementefforts, should be provided in order to obtain maximum benefits; and WHEREAS, that the parties to this Agreement believe the arrangements and provisions provided by this Agreement will best serve the public peace. health, safety, and general welfare of said respective parties, and of the Los Angeles County Operational Area and, therefore, shall supersede any prior agreement concerning; Civil Defense Areas or Disaster Management Areas. NOW THEREFORE, in consideration of the foregoing recitals and of the benefits which will be derived from the coordination of disaster management, planning, training and preparedness efforts, and the availability of skilled personnel with adequate knowledge_ for coordination purposes, the parties hereto do hereby mutually covenant and agree with each other, under the areadjpa.wpd 09/08/98 i power and authority to-do so granted under the provisions of Chapter 5 of Division 7 of Title 1 (Section 6500 et seq.) of the Government, Code of the State of California, as follows: 1.0 Purpose 1.1 The purpose of this Agreement is to promote the coordination of disaster management, planning, training and preparednessefforts of the parties by cooperative planning and related activity under the direction of a Disaster Management Area Board. This Agreement shall supersede any prior agreement by the parties hereto concerning these matters. 2.0 Creation of Disaster Management Area ;Board 2.1 There is hereby created the Disaster Management Area D Board ("Governing Board'). The Goveming Board at a minimum shall consist of one represei;tative from each Harty who shall be appointed to the Goveming Board by the governing body of each party, and who may be removed at any time by such governing body. Each party may appoint an alternate who may act in the absence of the designated representative. No representative or alternate shall be appointed who is not an official or emplc,yee of the appointing party.. At its option., the Governing Board may create an Executive Board or any standing` committees as required. The Executive Board shall establish rules and procedures for its operation. 3.0 Powers of the Disaster Management Area Board 3.1 Within 60 days after this Agreement is formally approved by a minimum of three(3) parties,, including two' (2) cities and the County, the current Coordinator for the existing Civil Defense Area areadjpa.wpd 09/08/98 D or 'Disaster Management Area D, in conjunction with the County Operational Area Office of Emergency Management, shall assist this Governing Board to provide for implementation of the provisions of this Agreement. 3.2 The Governing Board shall determine the most appropriate means to providedirect coordination and communication between the Los Angeles County Operational Area and the parties to this Agreement. This may include retaining a full-time Disaster Management Area; Coordinator, or designating a lead agency to serve as Disaster Management Area Coordinator to work cooperatively to strengthen the Disaster` Management Area as part of the Operational .Area in disaster Management, planning,: training and preparedness. if the Goveming Board designates a Coordinator who is not a lead agency or an employee of a party, the terms and conditions governing the services of the Coordinator shall be established by the Governing Board who, shall designate the administrative practices. The Disaster Manager, sent' Area Coordinator shall act as the Governing Board's representative on the Operational Area Advisory Board. 3.3 Standard duties of the Disaster Management Area Coordinator or designated lead agency functioning in that capacity shall minimally include those identified in the attached "Duty Statement Optional responsibilities listed in the Duty Statement may be mortified as necessary by said Board in meeting its specific needs. 3.4 The Governing Board shall have such powers as are granted by statute to general law cities to perform the duties specified in this Agreement,' and such powers are subject to the same restrictions upon the manner of exercising the powers: as in a general' law city. 3.5 The Governing Board shalt have the duty and responsibility to determine if personnel will be employed under this Agreement; the compensation of such personnel; the location of the areadjpa.wpd 09/08/98 I I h Office Headquarters; all matters relating to policy and finance; and the overall supervision and direction of the personnel employed. 3.6 Nothing contained in this Agreement shall be construed as granting to any board, person, or other entity, the responsibility or power of each of the parties hereto to protect against the loss of life and property solely within their respective jurisdictions. The parties specifically retain such responsibility and power. 4.0 Rules of the Board 4.1 A simple majority of said Board shall constitute a quorum for the -transaction of business unless otherwise designated by the Governing Board. The Governing Board shall elect one of its own members as Chair of the Governing Board. The Governing Board shall provide for the time and place of its-owia ���eetings, s7all promulgateits own rules;,and L;;j3-iduct its business according to Robert's Rules of Order. It shall cause to`be kept a record of its proceedings and shall furnish a copy thereof to each of the parties hereto. 5.0 Audit 5.1 If in the process of conducting its duties the Governing Board receives funds, property or other assets from any source, said Governing Board shall be strictly' accountable for those assets and shall report all receipts and disbursements, as provided in the Addendum to this Agreement. 5.2 Any party shall have the right' during regular business hours to examine, inspect, review and copy, at its own expense, all books, records,' accounts and other documents of the Governing Board relating to this Agreement. areadjpa.wpd 09/08/98 6.0 Duration of this Agreement' 6.1 This Agreement shall take effect and be infullforce as soon as such Agreement shall be duly executed by a minimum of three (3) parties, including two (2) cities and the County, and shall continue in full force and effect until such time as the member parties, determine it is in the public interest to dissolve the Disaster Management Area D. 6.2 The parties hereto shall have the right to withdraw from this Agreement effective July 1 of any calendar year by filing a written notice of intention to so withdraw from said Disaster Management Area on or before the first day of April of such year. In the event of the withdrawal from this Agreement of one or more of the parties hereto, this Agreement shall continue and remain in full force and effect insofar as the remaining parties are concerned. Any costs of the program provided for herein shall be borne by the remaining parties in accordance with the Addendum to this Agreement. 7.0 Disposition of Assets 7.1 The party or parties electing to withdraw from this Agreement prior to final termination shall not he entitled to any refund or payment from any properties or assets accumulated as a result of the joint exercise of powers herein Upon final termination of this Agreement all property and any surplus or remaining funds acquired hereunder shall be distributed to the parties to this Agreement at the time of such termination in proportion to their contributions for the last calendar year during which the Agreement was effective. areadjpampd 09/08/98 8..0 Amendments 8.1 This Agreement may be amended from time -to -time by the unanimous agreement of the parties: 9.0 Counterparts 9.1 This Agreement may be executed in one or more counterparts and may include multiple signature pages, all of which shall be deemed to be one agreement. Copies of this Agreement may be used in lieu of the original. 10.0 Liability 10.1 Employees of any party performing disaster management services on behalf of the Disaster Management Area shall remain `employ`ees of 'that part' for thepurposes of work: , s' compensation and no other party shall have liability for injury to an employee of another party. 10.2 Pursuant to _Government Code Section 895.4, each party hereby assumes the liability imposed on it, its officers and employees for injury caused by a negligent or wrongful act or oml-sion occurring in the performance of that party's obligations under this Agreement to the same extent that such liabilitywould be imposed in the absence of Government Code Section 895.2. Accordingly, each party shall defend, indemnify and hold fiarmless the other parties for any claim, demand, cause of action, loss, liability, damage, cost or expense that may be imposed on such party solely by virtue of said Section 895.2. areadjpa.wpd 09/08/98 ADDENDUM TO JOINT POWERS AGREEMENT Disaster Management Area D This addendum is hereby incorporated in the Joint Powers -Agreement for Disaster' Management Area D to provide for preparation of annual budgets, assessment of fees to the member parties and accounting of assets pursuant to this Agreement. p „ , t (1) The respective parties hereto, with the exception of the County of Los Angeles, agree to pay their respective proportionate shares of the costs; and expenses incident to the activities, operations and services covered by this Agreement. Their respective proportionate shares shall be as their respective populations bear to each other, as estimated by Urban Research Regional Population Models, as of January 1 of each year this Agreement is in effect. The shares shall be based on a per capita rate. (2) The County of Los Angeles shall pass through Emergency Management Assistance °(EMA) grant funding, including funding for unincorporated area -populations, in accordance with the approved EMA distribution plan, as appropriated annually by the r 54 Board of Supervisors. swy up: The annual budgets shalt be prepared and adopted by the Disaster- Management Area D Board. i he proportional contribution shall be addressed in the budget preparations and approved by the Disaster Management Area D Board. Minimum assessments " may be established by the Area D Board. Any funds remaining at the end of the fiscal' ` year shall be carried over to the budget of the next fiscal year. (4) No funds may be expended or obligated by the Disaster Management Area D Board in excess of the total amount received from the participating agencies, plus such grants or gifts as the Board may receive from other sources: (5) The adopted budget shall be submitted to the respective parties hereto, on or before the first day of May each year so as to enable legislative bodies, of the respective parties to examine same prior to the beginning of each fiscal year and take such action with reference thereto, as they may desire, on their respective parts. (6) Payments by the respective parties are to be made to the Disaster Management Area D Board on or before July 31 of each year. The Disaster Management Area D Board shall be strictly accountable for all funds and shall make an annual report of all receipts and disbursements to the parties hereto for each fiscal year. • Aftachment LOS ANGELES COUNTY DISASTER MANAGEMENT AREA COORDINATORS (DMACS) DUTY STATEMENT Policy Statement—The first priority of any DMAC will be to the cities within his/her ownArea; second priority will be assistance to the other Areas and ,cities within and to the ~Los Angeles County Operational Area (Op Area) Emergency Operations Center (EOC) (OAEOC) —CityLiaison post. Response to assistance requests will be to Areas of greatest need: iNON-EMERGENCY ROLE, Mission Statement—Coordinate with Area cities in planning for preparedness, mitigation and recovery from emergencies/disasters. Minimum Responsibilities/Services • Disseminate emergency management information received from the County/County Op Area to the Area cities. • Work with the Op Area in development and submission of required EMA documents. • Cooperate and participate with the Op Area and the County Office of Emergency Management (OEM) in operational planning, exercises and training affecting Area jurisdictions. • Coordinate and communicate with other disaster services organizations during disasters. • Attend pertinent federal, state, Op Area and other training programs; workshops and seminars to improve emergency programs; brief Area cities on essential or relevant information. • Represent the Area at appropriate meetings, including Op Area, state, federal, private and non-profit organizations: Optional Responsibilities/Services as Directed by the Area Board • Organize, conduct and assist in training programs, conferences, etc. • Using available federal, state and local guidance, coordinate and assist, as appropriate, in the development of member cities' emergency plans, programs and policies_ • Conduct regular board meetings/workshops on relevant topics. • Provide_ public information materials to " member cities, general public, schools and businesses; respond to public inquiries; maintain an audio visual library and maintain information on resources available during a disaster: • Assist member cities in preparation and revisions of necessary ordinances and resolutions and other paperwork required by FEMA, State OES and/or Op Area. • Assist*member cities in planning and organizing preparedness exercises, as requested. Attachment 4 Minimum Responsibilities/Services (Cont.) • Liaison with the Sheriffs Emergency Operations Bureau (EOB) and Station Coordinator; Red Cross Chapter(s); Los Angeles County (OEM) and other county departments; State OES and FEMA. Coordinate with these agencies in special projects or programs. • Prepare annual budget information; maintain all financial records. • Maintain all records necessary for participationin EMA funding. 'Optional Responsibilities/Services as Directed by the Area Board (Cont.) • Consult with and provide expertise for member cities who are developing Emergency Operation Centers (EOCs), including information on appropriate displays, supplies, communications systems, etc., as requested. • 'Maintain the Area office, including record keeping, Area -wide information file, correspondence, and all clerical and secretarial duties. DMAG Mutual Aid .• Subject to availability, provide backup services for absent Area Coordinator. Respond to urgent information requests and disseminate -critical information to cities in the absence of their DMAC. Note: The amount of time given to any one activity will vary depending on the annual emergency management focus and emergency activations. EMERGENCY ROLE (Minimum Responsibility) Mission Statement Advocate for Area cities and liaison with the Los Angeles County Operational Area (Op Area) Emergency Operations Center (EOC) (OAEOC) as necessary; assist other Areas as requested; staff City Liaison post at OAEOC. • Check in with Area cities to quickly determine the impact of the emergencyldisaster. • Provide a quick Area status report to the OAEOC to supplement individual cities' reports. This is not a detailed or formal report. It should be considered outside the normal reporting system and will provide the OAEOC with an indication of where potential problems might exist as well as indicate which Disaster Management Area Coordinators (DMACs) might be in the best position to directly provide staffing to assist the most heavily impacted Area(s) and the OAEOC (staffing may come from the DMAC or from a city within the DMAC's Area). • Get feedback from the OAEOC as to which DMAC Areas appear to be most heavily impacted and which appear least impacted. Feedback will include a recommendation from the OAEOC as to which DMAC should provide staffing to the OAEOC (staffing may come from the DMAC or from a city within the DMAC's Area); • DMAC or selected city provides shift staffing to the OAEOC to represent concerns of cities, to ensure that the needs and concerns of cities are property represented in the OAEOC, and to participate, as appropriate, in the development of solutions affecting cities. Area D'Office of Emergency Services ADMINISTRATIVE PLAN Effective /--i P-7 for implementation of Public Law 85 - 606 I. GENERAL PROVISIONS A_ Submittal 1. This Administrative Plan is submitted to establish the eligibility of Area D for Federal Financial Assistance. The Plan is prepared by the Executive Officer.-- as the authorized official, as provided for in the Joint: Powers Agreement establishing Area "D'. 2. The plan will be amended as required to rerflect changes in law. policy, organization. or operations affecting said plan, and any amendments required by State or Federal criteria. B. Legal Basis 1. Area D is a public 'entity established under Joint Powers Law. California Government Code (Section 6540 et sec). This Joint Powers Agreement has been filed with the Secretary of State as required by law, 2. Member Cities are signatory to the Joint Powers Agreement 3. There are safeguards in place to prohibit private gain by any employee of Area D. 0. Reports 1. A11 reports required by the Office of Emergency Services (O.E.S.) and the Federal Emergency Management Agency (F.E_M_A.) will be furnished in the form and content required. 2. The Area D Office of Emergency Services will assure that all submitted reports are correct and verified, and .all proper applicable certifications will be incorporated into reports, 3_ All plans, programs, and operations of Area D'will conform to and be in conformance with Federal and State goals and requirements. D. Scope of Plan a This Plan is a mandatory' document and necessary .for eligibility, and part of Federal and State implementation of Public Law 65-606 (Personnel and Administrative Funds). E. Designation of Single Local Agency The Area b Office of Emergency Services functions under the Joint Powers agreement (B above) as the coordinating agency for the jurisdictions signatory to this agreement. The scope of responsibility is delineated in the fourth paragraph, Section A through G of the above referenced ,Joint Powers Agreement. ZO'sj 61ZF 696 9Z9 !:I.µe6&*_A0P-4sEsL0 p si5.AV dZZ=ZO i0 -6Z-- -W F. Responsibility of Local Agency I. The respons—ibilities. duties, and scope of coordination is lervied in the Joint Powers Agreement (B above). 2. Federal Funds will be used only to reimburse Area D for allowable expenses in connection with administration of its emergency services program. Furthermore, any reimbursement will.be in line with Civil Preparedness Guide 1-3. local approved budget, and other pertinent State and Federal guldelincz. 3. All State and Federal regulations and standards governing the program will be strictly adhered to in all respects. G. Emerjenoy Services Executive Officer 1. Under the terms of the Area D Office, of Emergency Services Joint Powers'Agreement. the Executive Officer -is'appointed by'and is directed by the Area D Civil Defense and Disaster Board'..- The Executive Officer devotes full-time to carrying out the directives of the Board. 2. The planned structure of Area D does not. for this period, include provisions for the position of Deputy. Should the Executive Officer be unable to perform his/her duties for any extended period of time, the Executive Committee will, after review of the situation, make recommendations to the Area D Civil Defense and Disaster Board to assure continuity of effort in keeping with the program goals. H. Organization and Function I. See attachment {organization chart), 2. The Area D Executive officer, under direction from the Civil Defense and Disaster Board, provides information and public relations including speeches. press releasez', responses to public inquiries, collects and analyzes data, provides information on private and public resources available in the -event of disaster. Provides consulting services to public schools and assists others in preparation of disaster plans. Provides liaison with other disaster service organizations. Provides coordination and communications links during disasters. 3. Los Angeles County, as signatory to the Joint Powers Agreement. is a memberof the Area D Civil Defense and Disaster Board,. 4. Close cooperation with Los Angeles County and County Areas A through C and E through G Provides a more effective capability and eliminates unnecessary duplication. I. Methods of Ev_aluatlnR Progress I. The status and progress of member cities is evaluated by review of submitted reports and programs papers. 2. The Area D Office submits a Program Paper. This paper should include statements regarding the status and activities of each member city in relation to the Area D Office. J. 'Staff Development A comprehensiveplan without delay. Appropriate assure the most productive E:O-d 614E 696 9Z9 for staff development will be implemented training schedules will be developed to program to follow. 4uA6w.Aa-4s,eSL(] a ea.AV CIZeZ?o 10_6Z__4RW K_ Advisory Committee 1 The Area D Civil Defense and Disaster Board has established an Executive Committee to serve in an advisory capacity directly with the Executive Officer. 2. The Executive Committee members are Civil Defense/Emergency Services Directors from member cities, they are appointed by the Board and serve at the pleasure of the Board or until replaced. 3. The creation of an Executive 'Committee is to provide a decision making authority between Board meetings, and analyze needs for new direction or expanded services. L. Merit System 1. The Executive Officer position is exempt_ 2. Other paid personnel are employed tender, the Merit System of the City of Azusa. (See exhibit A - waiver _approved for the City Merit System Standards) I1. OPERATIONAL FLANS PROVISION A. Local Operational Plan The State Office of Emergency Services has agreed that because Area D is not an operational entity, an emergency plan Would not be appropriate. However, because of the nature of the responsibility of Area D as a coordinating service entity. some sort of statement of ability to assist in time of disaster seems appropriate. B. Mutual Aid All,jurisdictions in Area D are signatory to the Master Mutual Aid Plan. There are Mutual Aid Plans for Police and Fire. Area D service programs will include plans to coordinate planning and response activities of all member cities in time of emergency. Mutual Aid Agreements will not be limited to public safety response. III. FINANCE PROVISIONS A. Soarce of Funds Under terms of the Joint Powers Agreement, each member City does pay a proportionate share of the costs and expenses of, Area D. The proportionate shareis a their respective populations bear to each other, as estimated by the Regional Planning Commission of Los Angeles County, California, as of January of each year. B. Custody of Funds Area D funds are kept in the custody of the Area D irxeoutive Committee. all disbursements are made ;by the Executive Committee. Area D funds are kept as'a special trust fund. All disbursements of Federal Funds will be in accordance with regulations as established by the Federal Emergency Management Agency.' C. Disbursement Procedures All disbursements of Federal regulations established by F.E.M_A. in conflict with State or Local law. June 30. funds will be in accordance with in CPC 1-3: providing such are not Area p fiscal period is July I to "trt?"� 6IL£ 69Ea 9�9 �uu6W..aa�.sEs�p p z'a.,iti d��-ZD I0-6Z->,�EW D. MAINTENANCE OF ACCOUNTS AND SUPPORTING DOCUMENTS 1. Area D has established and will maintain all accounting records in accordance with CPC 1-3; said accounting procedures will be used to record and determine the status of Federal funds under this grogram, providing such methods are not conflict With State or Local Taw. E. AVAILABILITY OF FEDERAL FUNDS TO THE LOCAL AGENCY 1. Area D will —establish policies and methods for properly apportioning and allocating Federal funds, all policies will be in conformance with CPG 1-3. 2. Area D warrants the availability of local funds for its share of this program, and will Comply with all criteria subject to each allocation F. TRAVEL REGULATIONS Area D travel policies will be in accordance with the City of Azusa rules and regulations. These regulations will be furnished to the State Office of Emergency Services. G. SALARY ORDINANCEIRESOLUTION SCHEDULE 1. Area D will provide to State O.E.S. the current salary schedule for the positions funded by Federal matching funds. 2. Area D will provide to State O.E.S. copies of any revisions to any salary schedule. 3. Area D will provide State Q.E.S. a statement of the personnel benefits applicable to each Federally supported position, showing the amounts contributed by the applicant jurisdiction. H. PROPERTY MANAGEMENT Area D will comply with all regulations and standards of CPG 1-3 in its management, utilization. and disposal of all property acquired with the aid of Federal funds, providing such policy is not in conflict with State or Local law. I. PROCUREMENT STAND DS Area D will comply -with CPG. 1-3 rules and regulations regarding all purchasing procedures unless such compliance is in conflict with State or local law, J. ASSURANCE OF COMPLIANCE WITH 1ITLE VI OF THE CIVIL RIGHTS ACT OF 1964 The required Assurance of Compliance Form (O.E.S. executed by the individual authorized to sign for Area D. 2. Participating cities in Area D have executed the Copies are available to State Q.E.S. 18) has been same document. 51? d 6IG£ Ea96 9Z9 �w6yy..ca�.sEs�p �} Ea..tyr ci�� � ZO t0-6�--a EW THE COUNTY OF LOS ANGELES ]BOARD Or TM5 BOARD ]BOARD OF SUFP RVISORS - FRANK G. RON.ELLI CHAIRMAN 502 HALL OF RECORDS KENNET,M hfAMN - ERNEST E, a[sa a, LOS ANGELES 12, CALIFORNIA 9URTON W. cnACE WARREN k. nww L• NOLLfNG[R CH19F ACUINIOTRATlylt OFFMan June 3o, 1959 Honorable Board of Supervisors County of Los Angeles 501, hall of Records Los Angeles 12, California Gentlemen-, SUBJECT JOINT POWERS AGREEMENTS FOR COUNTY -CITIES COOPERATIVE DISASTER PREPAREDNESS PROGRAM By action of your Board in February, 1958, authorizing reorganiza- tion of the County's Civil Defense and Disaster program, the Chief Administrative Officer was instructed to enter into negotiations with Cities in the Eastern part of the County (Area "D") for a 11pilot program" in disaster preparedness. Participation in this "pilot program" was jointly recommended to your Board by the Chief' Administrative Officer and by Mr, Don C. McMillan, City Manager of Pasadena, and chairman of the Los Angeles County and Citles Civil Defense and. Disaster Planning Hoard'. On December 16, 1958, your Board approved a Joint Powers Agreement for the County's participation in a disaster preparedness program with Cities in the Eastern part of the County comprising what is known as Area "D": Azusa, Baldwin Park, Bradbury, Claremont, Covina, Duarte, E1 Monte, Glendora, Industry, Irwindale, La Puente, La Verne, Monrovia, Pomona, South El Monte, Walnut and West Covina. By similar action on January 2d, 1959) your Board approved another Joint powers Agreement for the County's participation in a disaster preparedness ;program with, Cities in the Centinela Valley and South Bay areas comprising what is known as Area "G": E1 Segundo, Gardena, Hawthorne, Hermosa Beach, Inglewood, Manhattan Beach, Palos Verdes Estates, Redondo Beach, Rolling Hills, Rolling Hills Estates, and Torrance, The County has been requested to continue participation in both of these Agreements, which involve' financial contributions by each participating agency in support of a single staff office to perform such functions as 90-d 6I'LE 696 9Z9 a eu.Ad dSZ;a0 TO-6z-,AWW I. Public information and public relations services, including speeches, press releases, answers to letters and telephone inquiries, etc. 2. Collection and analysis of all data on public and private resources within the area that could be used in the event of disaster. 3. Consultant services to the public schools in prepara- tion of disaster plans. 4. general coordination of volunteer services. 5. Liaison with other Disaster Services offices and organizations. The County4s financial contribution to these and "0" for the p+eriod'of July 1, 1959, to June 30, 1960,s inAreas will be- a combined total of $8,632.69, asdetailed in each of the attached Joint Powers Agreements. Funds for this purpose were included In the 2959-60 budget recommendations adopted by your Board. In view of the foregoing and with the approval of the attached Agreements by the County Counsel, it is recommended: 1. That the attached Joint Powers Agreements be approved, the Chairman instructed to Sign, and the Chief' Administrative Officer instructed to transmit the signed Agreements to the Cities in Areas "D11 and 2. That upon formal approval of these Agreements by a ma,Ority of the Cities in each of the Areas "D" and "G", the County Auditor be authorized and directed to make payments to the City designated as the financial agent for each of the Areas in the amounts indicated in the attached Agreements,, for the Countyls share of expenses for the period of July 1, 1959, to June 30, 1960. Very truly yours, L. S HOLLINGER Chief Administrative Officer LSH : RDH: gm Attachments cc: Each Supervisor Los Angeles County and Cities Civil Defense and Disaster* Planning Board Cities in Areas "DI, and 11 G" County Auditor -Controller t0'd 6I L£ Es96 9�9 ��u6W..�a�sEsc.p p ;ea..tbr d€�=ZD i£7-6Z-��w ti co INTEROFFICE MEMORANDUM TO: Honorable Mayor and Members of the CI ity Council FROM: James De Stefano, Interim City ManageC��' SUBJECT: SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS - Proposed Dues Assessment DATE: April 3, 2001 BACKGROUND: The City of Diamond Bar is a member of the Southern California Association of Governments (SCAG). SCAG is the Metropolitan Planning Organization (MPO) for six counties: Los Angeles, Orange, San Bernardino, Riverside, Ventura, and Imperial.' The region encompasses an area of approximately 38,000 square miles and a population of 15 Million people. As the MPO, SCAG is responsible for the preparation and implementation of regional plans for air quality, growth management, hazardous waste management, and transportation planning. SCAG also serves as the regional agency for intergovernmental review of programs for financial assistance and certain development activities, review of specifiedenvironmental impact reports, preparation of regional housing needs and waste treatment plans. The City has contributed member dues in the amount of $2727.00 since 1991. SCAG is now seeking a dues increase in the amount of $1480.00 (Total proposed dues are $4,207.00) effective July 1, 2001. In addition, SCAG proposes an annual consumer price index adjustment increase effective July 1, 2002. RECOMMENDATION: It is recommended that the City Council send a letter of support to SCAG SOUTHERN CALIFORNIA 3/13 / / aL Meeting of February 1, 2001 REGIONAL COUNCIL RECOMMENDS FIRST DUES INCREASE SINCE 1991 The proposed SCAG dues increase will give SCAG the capacity to address priority subregion al/regional issues where federal funds are not available. It will provide funds for high priority regional initiatives, includ-ing advocacy activities and regional forums and workshops, The dues increase will enhance SCAG's capacity to provide services to member jurisdictions, including census data, GIS data, maps and other information to assist with siting local facilities, assessing local impacts and meeting grant applica- tion requirements. Finally, the dues increasewill help in addressing the working capital requirements resulting from the growth in regional planning grants (from $20 million in FY 97-98 to $5o million in FY 2000-2001). The expanded grant programs have created the opportunity for SCAG and the subregional organizations to address critical transportation issues impacting local communities, including transit corridors, freeway and arterial planning, truck lanes and livable communities. SCAG Membership Task Force recommended the following: (i) Implementation of a Regional Council Outreach Program for City and County elected officials; (2) A proposed, policy for Regional Council mem- ber participation in legislative advocacy delegations (3) Increasing SCAG's member dues from $750,000 to $1.1 million per year, effective July 1, noi; and (4) A proposed annual Consumer Price Index (CPI) adjustment based on the Los Angeles area CPI effective July 1, 2002. The individual member dues will continue to be based on the method of assessment pro- vided in the SCAG bylaws. The Regional Council approved forwarding the recommendations to the General As for considera- tion at the annual meeting. SCAG FISCALYEAR 2001-2002 BUDGET ISSUES AND PRIORITIES Each year, the first step in development of the annual Budget is to establish priorities based on ranking a set of Budget issues. Budget issues are major regional' planning challenges, opportunities and the initia- tives that nitia;tives,that would address those challenges and opportunities. SCAG's Subregional/Regional Relations Task force reviewed a set of Budget Issues for the fiscal year 2001-2002. SCAG Regional Council members, Subregional Coordinators and SCAG Management ranked the following on a scale of high, medium or low priority: #1 Transportation Financing; #2 Aviation and Growth . Visioning; #3 Goods Movement, Housing and Air Quality; #4 Transportation System Performance; #5 Regional Planning Data and Information Services;#6 Transportation System Technology and Water Supply and Quality; #7 Environmental Sustainability and Transit System Performance; #8 Best Practices Implementation; and #9 Economic and Human Resources'Devetopment. a �u J . .. � PEI .. r }d voS:. )}F!(trFM ftF 1 1 µxf L.t v �Y `� Y t fie y i , F� t }YaM , is vi lit �• i _ f } 1 t, .fi .Y� "rh�., +rte yF hitk r i +"A{ rFt f h .i y A 1,Y4 m pillJ S K e '( .............. r Mus l Y mR q {�try�sfs�` RK Pp xo-kU r MSYZf�rsijr Via$ U 2. `y y r - � 6 � �. K* S. t1F. 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Y ld k ylv �fi TIT— Rif IE % t NIM r taf io wd z t� r � ..� '•tet 4 , A � x x +v �' - ,�' } �!• `� x}q �y �.r E:��' ,i � ryr4r r br j y ta. V iE'F �''(� J�.''� 'eS, a�...'$: 'l!.\. .. ....__ ..... .... yr_......Y.r. GQVT PVFL I C RFFP IRS IIi : 213-236-1964 MAP 29'01 14.11 No . 001 P.11 4-7 RIN i .OM1 � �4yf. Ldp r3 OJi Y•'S'�� t.' { ✓t yyy,y � � � k�� R4 �•S���X`�g�' s .yam{ ,�71G `- kyr• 4 ..' 4 a^•rxe. �•��.�'� i f k'4T Y,t{�Rd. 4. iv �' n �� ?n Lti/I /♦ a 't•, k f � y t W� •�£ u.. z< xr M. �v `L ! cl) r�� � Aa'�' � � +'u Jai' �. au+d`• w tU ti ti ' f a.[ kt �. s Mrs � w .• ION 0 MEMO u• � R . I .fit .`• �. ti i r r 5 GOVT F, PUBLIC FiFFRIRS ITS 213—' 36-1964 � (� ? 'p1 µ14•i4 NQ.t�t�1 Paf� a. co a �Il cu • .. � 'i` FY qMV � .... ..... ,. •. _� +:xu..lww. dn., i-'71+,u�+ r •w. .+ .� .h..., lh •. � .,.,.r.,. +_ �.. � - K h}ir3%AlCaII6Anoi�. . �I0 '01K cc a ,s r.* co a r.* GTl►LIFFaI�S ID:2136-tb�t MA(?'7i 14:16t.001 P.I GOVT 9 PUDLIC RFFRIRS ID:213-236-1964 MAR 29'01 14 ..18 No .001 P.14 F '1: 0-4 tvi row um W F CITY COUNCIL REPORT AGENDA NO. 9.2 MEETING DATE: April 3, 2001 TO: Honorable Mayor and Members of the City Council FROM: City Council Legislative Subcommittee SUBJECT: RECOMMENDATIONS REGARDING PROPOSED LEGISLATION RECOMMENDATION: It is recommended that the City Council discuss the following. proposed State Legislation and direct staff accordingly: (a) S13 116 (Kuehl) - Department of Parks and Recreation: roads: construction and improvements This measure may have a dramatic impact on the desire to build a road through the City's Sphere of Influence - SB. 116 would require that roads that "substantially increase vehicular traffic capacity" could not be built through state parks unless either of the following conditions are met: (1) The Department of Parks determines that the road has been planned to minimize harm to the property and further determines that the road is necessary to operate the park or is necessary to prevent or suppress fire, or is necessary for the construction of maintenance of utilities; (2) The Secretary of Business, Transportation and Housing and the Secretary of the Resources Agency jointly determine that the road would not Likely jeopardize the current uses of the park, that the road includes all feasible planning to minimize harm to the property and that the construction impacts will be mitigated: (b) AB 227 (Longvil#e) — Transportation Funding. The League of California Cities recommends support - AB 227 would statutorily and permanently shift the sales tax on gas from the State General Fund to the Transportation Investment Fund created by AB 2928 (Chapter 91, Statutes of 2000) for transportation purposes. This amount would be divided as follows: 1) 40% to the STIP; 2) 40% to Local Streets and Roads and 3) 20% to transit (PTA). The League and the California State Association of Counties (CSAC) have been advocating for additional monies for city street and county road maintenance and rehabilitation for several years. The backlog is $11 billion and growing by $400 million annually. This does not include an additional backlog of $14 billion for capital and safety improvements needed on the local system. (c) SB 910 (Dunn) -`General Plans. Housing Elements. The League of 'California Cities recommends opposition —This bill requires a court that finds a local government's housing' element not in substantial compliance with the state law governing housing elements, to award the plaintiff reasonable attorneys' fees and costs and to levy a penalty not to exceed $1,000 per unit of the total projected housing needs for the jurisdiction. The legislation further provides that in any action filed on or after January 1, 2002, challenging the viability of a' housing element, there shall be al rebuttable presumption of nonvalidity of the housing element or amendment if the Department of Housing and. Community Development has found that the element or amendment does not substantially comply with state law. SB 910 also includes language stating the Legislature's intent to withhold state funding from any city, county, or city and county that does not have a housing element in substantial compliance with state law, and to redistribute the withheld funds to those jurisdictions that are in compliance. SB 116 Senate Bill Bill Analysis Page 1 of 5 SENATE NATURAL RESOURCES AND WILDLIFE BILL NO: SB 116 Senator Sheila James Kuehl, Chair AUTHOR: Kuehl VERSION: AS INTRODUCED Original: 1-24-01 Amended:No FISCAL: No URGENCY: No CONSULTANT: Bill Craven HEARING DATE: 3-16-01 SUBJECT: Department of Parks and Recreation; roads:' construction and improvements. ISSUE: Should the Legislature establish criteria governing the construction and improvement of roads instate parks? SUMMARY: This measure creates a process to evaluate road construction proposals that affect state parks. In order to gain approval, the process requires a showing that the projects have the least possible impact on the operation of the park. The Department of Parks can approve roads that are necessary for the park to operate, and for access by fire departments and utilities. In the alternative, roads can be approved when two cabinet secretaries agree that the proposed road does not jeopardize the park's current uses. Except for road projects that meet the criteria in the bill, roads through state parks would be prohibited. BACKGROUND & EXISTING LAW: Existing law does not 'provdesa specific method for http://www.leginfo.ca.gov/pub/bill/sen/sb_O.../sb_116_cfa_20010315_075103_sen_comm.htm 3/30/01 T SB 116 Senate Bill - Bill Analysis Page 2 of 5 evaluating road construction projects through state parks. Proponents assert that there are approximately 20 current or historic instances in which road projects are proposed or were constructed that threatened existing state parks. Among these are a proposed new road through Chino Hills State Parkanda tollroad through San Onofre State Beach. Other examples include roads proposedthrough Placerita Canyon State Park, and roads actually constructed through Anderson Marsh State Historic Park, and Prairie Creek Redwoods State Park. In 1999, Senator Tom Hayden introduced SB 1277, a bill that was originally substantially broader than SB 116. Although SB 1277 was also designed to protect parks from highway construction, in one early,version of the bill required a 2/3 vote of the Legislature to build a road through a park, and in a later version, the bill would have applied not only to state parks', but also to all lands managed by the Department of Fish and Game and the State Coastal Conservancy. In a later version substantially similar to SB 116, SB 1277 passed,the Senate but was never taken up in the Assembly. SB 116 is limited to state parks. PROPOSED LAW: Under the bill, roads that "substantially increase vehicular traffic capacity" could not be built through state parks unless either of the following conditions are met: (1)The Department of Parks determines that the road has been planned to minimize harm to the property and further determines that the road is necessary to operate the park or is necessary to prevent or suppress fire, or is necessary for the construction.or maintenance of utilities. (2) The Secretary of Business, Transportation, and Housing, and the Secretary of the Resources Agency jointly determine that the road would not likely jeopardize the current uses of the park, that the road includes all feasible planning to minimize harm to the property, and that the construction impacts will be mitigated. ARGUMENTS IN SUPPORT: Proponents assert that state parks occupy a special place in the hearts of Californians and serve as irreplaceable recreational lands, habitat, and open space. Many letters echoed the sentiments of the Laguna Greenbelt letter, saying that it is "incredible that we could give up something as precious as our natural heritage in the name of expediency." http://www.leginfo.ca.gov/pub/bill/sen/sb_O.../sb-116_cfa-20010315-075103_sen-comm.htm '3/30/01 SB 116 Senate Bill - Bill Analysis Page 3 of 5 Rather than an outright prohibition on roads, through parks, the author and proponents believe establishing. criteria to protect parks while permitting road' construction in compelling situations, is a more reasonable solution. As California becomes more populated and pressures on parks increase, especially in urban areas; it becomes more necessary to establish clear criteria for approval of roads through state parks. As stated in the joint letter from the Sierra Club, National Audubon Society; and the Planning and Conservation League: "Road building projects through our state parks result in habitat fragmentation, a decrease in recreational opportunities,a decrease in the economic value of state lands, and an increase in urban sprawl and traffic congestion." Proponents` believe that requests "just to let us do this one project should not be unconditionally approved. The Laguna Greenbelt pointed out that numerous agencies propose to whittle away ''only a little bit' of open space," but that in OrangeCounty"natural areas are now islands of green surrounded by urbanization. It will soon be the same throughout California.,, . The bill recognizes the legitimate need for roads to service park operations, utilities, fire departments, as well as for the approval of other road projects that meet the criteria in the bill. ,Numerous support letters point to the need for "legislative guidance to balance the needs of park preservation with transportation demands in a rapidly growing state." (Citing PCL/Sierra/Audubon letter.) Voters approved a significant investment of more than $500 million in state parks improvements in Prop..12, and that level of "irreplaceable investment" is evidence of strong public support for protecting parks, and not allowing them to become the 'target for new highways. (Letter from California State Parks Foundation.) Too often, supporters say, parks are considered "empty lands instead of exceptional' lands. (Letter from Hills for Everyone.) State parks are established by the Legislature by a. 2/3 vote in the budget process, and, proponents argue, actions that undermine the purposes of a park should be rare, seriously considered and made only at the highest levels of state government. ARGUMENTS IN OPPOSITION: The California Building Industry Association states that the bill is unnecessarily duplicative of existing law, interferes with local land use planning, and would "prevent http://www.leginfo.ca.gov/pub/bill/sen/sb_O.../sb_116_cfa_20010315_075103_sen_comm.htm 3/30/01 SB 116 Senate Bill - Bill Analysis Page 4 of 5 the constructionof facilities currently in the Southern _ California Regional Transportation Improvement Program according to the letter from the California Building Industry Association. Opposition letters have not explained appropriately, however, what part local land use planning plays in overseeing lands in the state park system. Additionally, it may necessary to standardize criteria for the construction, offacilities on state parks land when proposed projects simply serve local transportation needs. SUPPORT: American Federation of State, County, and Municipal Employees, AFL-CIO Amigos de Bolsa Chica Bay Area Open Space Council California League of Conservation Voters California' Native Plant Society California State Parks Foundation California State Parks Rangers Association California State Supervisory Peace Officers Association Cuyamaca Rancho Foundation Endangered Habitats League' Friends of Harbors, Beaches and Parks Friends of the Santa Clara River Hills for Everyone International Society for the Preservation of the Tropical Rainforest Palomar Audubon Society Planning and Conservation League National Audubon Society -California National Resources Defense Council Orange County Coastkeeper Palos Verde/South Bay Audubon Society Sierra Club California Surfrider Foundation -San Clemente Chapter The Laguna Greenbelt The Wildlands Conservancy One individual OPPOSED: California Building Industry Association California Chamber of Commerce City of Anaheim City of Mission Viejo City of San Juan Capistrano Orange County Transportation Agency (unless amended) http://www.leginfo.ca.gov/pub/bill/sen/sb_O.../sb_116rcfa-20010315_075103esen_comm.htm 3/30/01. SB 116 Senate Bill History Page 1 of 1 COMPLETE BILL HISTORY BILL NUMBER S.B. No. 116 AUTHOR Kuehl TOPIC Department of Parks and Recreation: roads construction and improvements. TYPE OF BILL Active Non -Urgency Non -Appropriations Majority Vote Required Non -State -Mandated Local Program Fiscal Non -Tax Levy BILL HISTORY 2001 Mar. 22 Set for hearing April 2 Mara 20 Read second time. Amended_ Re-referred to Com. on APPR. Mar. 19 From committee: Do pass as amended, but first amend, and re-refer to Com. on APPR. (Ayes 6. Noes 3. Page 343.) Feb. 14 Set for hearing March 13.` Feb. 8 To Com. on N.R. & W. Jan. 25 From print. May be acted upon on or after February 24. Jan. 24 Introduced. Read first time. To Com. on RLS. for assignment. To print. http://www.leginfo.ca.gov/pub/bill/sen/sb_Ol01-0150/sb_l16_bill_20010322_history.htmi 3/29/01 League of California Cities California State Association of Counties 1400 K Street, 4" Floor 1100 K Street, Suite 101 Sacramento, CA 95814 Sacramento, CA 95814 (916) 658-8200 (916)327-7500 March 1 2001 r; TO: Members, Assembly Transportation Committee RE: AB 227 (Longville). Transportation Funding. _ REQUEST FOR AYE VOTE The League of California Cities (League) and California State Association of Counties (CSAC) are pleased to support AB 227. AB 227 would statutorily and permanently shift the sales tax on gas from the State General Fund to the Transportation Investment Fund created by AB 2928 (Chapter 91,Statutes of 2000) for transportation purposes. This amount would be divided as follows: 1) 40% to the STIP; 2) 40% to Local Streets and Roads; and 3) 20% to transit (PTA). g city street and county i The League and CSAC have been advocating for additional monies for ci road maintenance and rehabilitation for several years. This 1s a critical issue as the backlog is $11 billion and growing by $400 million annually. This does not include an additional backlog of $14 billion for capital and safety improvements needed on the local system. This is a critical issue which both the League and CSAC support along side its sponsor, the Southern California Association of Governments (SLAG). We assure you that cities and counties can put this money to work immediately. Predictable, stable, and dedicated revenues are critical to our local street and road system in order to stop further deterioration and improve II communities throughout California that are faced with pothole ridden streets and reverting roads 4l. to gravel. i ,I. II For these reasons, the League and CSAC request an AYE vote for AB 227. I i pi cc: Consultant, Assembly Transportation Committee Les Spahnn; SCAG c . SAMPLE CITY LETTER March , 2001 TO: Members, Assembly Appropriations Committee RE. AB 227 (Longville).'_Transportation Funding. Hearing: Monday, March 2001 REQUEST FOR AYE VOTE The city of is pleased to support AB 227. AB 227 would statutorily and permanently shift the sales tax on gas from the State General Fund to the Transportation Investment Fund created by AB 2928 (Chapter- 91, Statutes of 2000) for transportation purposes. This amount would be divided as follows: 1) 40% to the STIP;. 2) 20% to cities, 3) 20% to counties and 4) 20% to transit (PTA). As you are aware, cities and counties have been advocating for additional monies for city street and county road maintenance and rehabilitation for several years. This is a critical issue as the backlog is $11 billion and growing by $400 million annually, The SR 8 (Burton, 1999) report, prepared by the California Transportation _ Commission, identifies only the rehabilitation backlog for city streets and county roads. AB 2928 (Torlakson, 2000) dedicates monies for the next five years for this purpose and this need only. However,' this does not reflect the true needs on the local system in totality. The SR 8 report also identified a backlog for expansion needs on the local system of $12 billion. What is also critical to this debate, is the shortfall on the local system that the SR 8 report neglected to identify: 1) the significant shortfall for maintenance or potholes (needs unidentified); 2) safety improvements necessary to reduce fatalities (estimated at $1.1 billion); 3) safety improvements related to recurrent problems, which includes -closures due to drainage, flooding, erosion, rock -fall and slope movement (estimated to exceed" $8 billion); 4) operational improvements on the local system '($5.4 billion); and 5) drainage retrofit ($18 billion). These other needs that are critical to mobility and safety in California brings the total shortfall on the local system to $55.5 billion. A'reduction of revenue as proposed by SB 829 would further exacerbate the shortfalls on the city street and county road system. Cities and counties will each receive approximately $85 million to $100 million annually in new monies over the next five years under AB 2928. The 20 percent received by cities and 20 percent received by counties falls $230 million a year short of preventing further deterioration on the local system for rehabilitation only and does not begin to address the needs in totality. In fact, the $11 billion backlog for rehabilitation that exists will not even begin to disappear with the revenues provided under the current formula allocation found in AB 2928. This system where every trip begins and ends is critical and is also where many i transit systems operate, thus draining scarce dollars from this source is inappropriate. i n►s is a cr►ticai issue 'wnicn potn tne_ League ana L�HL support along siae its sponsor, the Southern California Association of Governments (SCAG). We assure you that cities and counties can put this money to work immediately, Predictable, stable, and dedicated revenues are critical to our local street and road system in order to stop further deterioration and improve communities throughout California that are faced with pothole ridden streets and reverting roads to gravel. For these reasons, the city of requests an AYE vote for AB 227. cc: Assembly John Longville Andrew Antwih, Consultant to Assembly Appropriations Committee Joel Szabat, Consultant to Assembly Republican Caucus Les Spahnn, SCAG (sponsor) k _ 1' l i L i 'i v i it , i 1 j j 4� I i i g Page 1 of 1 Document Title Committee Jurisdiction Primary jurisdiction is fiscal bills; including bonds and alternative public financing. Committee Members Committee Member District Phone E-mail Carole M.igden,.Ghair Dem-13 (916) 319-2013 [emailj Patricia C. Bates Vice Chair Rep-73 (916) 319-2073 comments RobertPacheco Rep-60 (916) 319-2060 comments Abel_Maldonado Rep-33 (916) 319-2033 [com_ments] Charlene Zettel Rep-75 (916) 319-2075 [cQM.rngntsj Roy Ashburn Rep-32 (916) 319-2032 rcomments Lynn Daucher - Rep-72 (916) 319-2072 email] Ggorge.Runner Rep-36 (916) 319-2036 [emaiij Elaine Alqquist Dem-22 (946) 319-2022 [erna_..ill Gil Cedilio Dem-46 (916) 319.2046email Ellen M. Corbett Dem-18 (91'6) 319-2018 email Dion Aroner Dem-14 (916) 319-2014 [emailj Lou. Corr_e:a.' Dem-69 (916) 319-2069 [email Kevin Shelley Dem-12 (916) 319=2012 email Herb Wesson Dem-47 (916) 319-2047 [email Helen Thomson Dem-8 (916) 319-2008 [ema ll Patricia. Wiggins Dem-7 (916) 319-2007 [email.[ Louis J. Pagan Dem-19 (916) 319-2019 email Roderick Wright Dem-48 (916) 319-2048 email Jackie Goldberg Dem-45 (916) 319-2045 [emailj S Jos..e:ph.Simitia_n. Dem-21 (916) 319-2021 [email] hitp://www.assembly.ca.gov/acs/welcom.e.asp?committee=43 3/22/01 AB 227 Assembly Bill - History Page 1 of 1 COMPLETE BILL HISTORY BILL NUMBER A.B. No. 227 AUTHOR ; Longville TOPIC : Transportation 'funding. TYPE OF BILL Active Non -Urgency Appropriation 2/3 Vote Required Non -State -Mandated LocalProgram Fiscal Non -Tax Levy BILL HISTORY 2001 Mara 28 From committee: Amend, do pass as amended, and re=refer to Com. on APPR. (Ayes 18 Noes 0.) (March 19). Feb. 16 Referred to Com, on TRANS. Feb. 14 From printer. May be heard in committee March 16. Feb. 13 Read first time. To print. http://www.leginfo.ca.gov/pub/bifl/asm/ab-0201-0250/ab-227—bill 7 20010328—history.html 3129/01 AB 227 Assembly Bill Bill Analysis Page 1 of 4 AB 227 Page 1 Date of Hearing: March 19, 2001 ASSEMBLY COMMITTEE ON TRANSPORTATION John Dutra, Chair AB 227 (Longville) - As Introduced: February 13, 2001 SUBJECT Transportation funding SUMMARY Provides for the indefinite extension of provisions in current law `which dedicate revenues from motor vehicle fuel sales taxes .to state and local' agencies for transportation purposes. EXISTING LAW sets forth the Transportation Congestion Relief Act (TCRA) of 2000, which, among; other things, established a six-year program to: 1)Transfer, during the 2000-2001 fiscal year, $1,.5 billion from the state General Fund (GF) to the Traffic Congestion Relief Program (TCRP), and $500 million in revenues from the sale, of motor vehicle fuels to the TORP: 2)Transfer revenue from the sales tax on motor vehicle fuel to the Transportation. Investment Fund (TIF). The state Controller is directed to 'make these transfers on<a quarterly basis, over five fiscal years (from July 1, 2001 until June 30, 2006). 3)Direct the Controller to apportion funds in the TIF (which previously went to the General Fund) in the following manner: a) As a first priority, $678 million to the Traffic Congestion Relief Fund (TCRF) for 141 designated transportation projects, which are aimed at traffic congestion relief. a) Forty percent (40%) of the funds remaining in the TIF after the apportionment to the TCRF, to the Department of Transportation (Caltrans) for capital improvement projects in the state transportation improvement program (STIP). a) Forty percent (40%) of the funds remaining in the TIF after the apportionment to the TCRF, to cities and counties for rehabilitation and maintenance of.local street and roads: AB 227 Page 2 http://www.leginfo.ca.gov/pub/bill/asm/ab_.../ab_227_cfa_20010316_141025_asm_comm.htm 3/29/01 AB 227 Assembly Bill - Bill Analysis Page 2 o 4 . a) Twenty percent (20%) of the funds remaining in the TIF after the apportionment to the TCRF, to the Public Transportation Account (PTA) for mass transportation purposes. FISCAL EFFECT. : Unknown COMMENTS Lasa year, the Legislature enacted the Traffic Congestion Relief Act of 2000 (AB 2928, Torlakson, Chapter 98). This measure established the TrafficCongestion Relief Program (TCRP)'and provided additional funding to state and local agencies for capital improvement projects through the STIP, maintenance and rehabilitation of local streets and roads, and to the Public Transportation Account (PTA) for mass, transportation operations. Under the TCRA, monies which originally went to the GF, will be transferred over six fiscal years (FY 2000-2006) from a combination of direct GF transfers, and a five --year shift of the sales tax revenues from the sale of gasoline. Early estimates predicted that the TCRA would provide approximately $6.8 billion for transportation projects and programs, including approximately $4.9 billion for specified projects, ,$600 million' in additional STIP funds, $1 billion in local streets and roads monies, and $300 million in PTA funds (transit and rail programs). In their analysis of the Governor's 2001-2002 `Budget, the Legislative Analyst's Office (LAO) reports that there will be higher than anticipated revenues from the sales tax on ,gasoline. The new estimates project that a total of $8.2 billion will be available from 200.0-01 through 2005-06 to provide funding under the TCRA. This is $1.3 billion, or 25 percent, more than earlier estimates. Whetherornot actual revenues reach this level will depend on the price of gasoline and amount consumed. The LAO notes that the budget assumes that gasoline prices will rise nine percent in 2001 above 2000 prices. Because current law specifies the amount to be transferred to TCRF each year, the state Controller will be required to, distribute any unanticipated additional revenues according to the 40-40-20 formula. For the five-year period, current estimates indicate that the STIP and local street and road repairs will each receive $520 million more than anticipated, AB 227 Page 3 while PTA will receive an additional $260 million. For the budget year alone, TIF is projected to provide approximately $1.1 billion in total, about $130 million more than the original estimate. However, after June 30, 2006,_the provisions of AB 2928 will expire, leaving a total of only $65 million per year from the sales tax on gasoline being dedicated for http://www.leginfo.ca.gov/pubfbill/asm/ab_..,/ab_227_cfa_20010316_141025_asm-comm.htm 3/29101 AB 227 Assembly Bill - Bill Analysis Page 3 of 4 transportation purposes By deleting the existing five-year limitation on the transfer of gasoline sales tax revenues to the TIP, the author intends to provide a permanent source of funding that would help address a projected shortfall in funding for state and local transportation needs. As thesponsors of this measure, the Southern California Association of Governments (SLAG) highlights the need for additional long-term funding for transportation over the next 20 years.' According to SCAG five counties in the southern California region (Los Angeles, Orange, Ventura, San Bernardino, Riverside, and Imperial) face a funding shortfall of approximately $30 billion for the maintenance, operation and improvements to vital transportation facilities over the,next °two decades. >Others argue that AB 227 will provide a predictable source of long-term critical to ensuring long-term transportation financing of state and local transportation systems. Suggested Amendments : According to the author's office, this measure is intended to 1) provide for the permanent shift of gasoline sales tax revenues to the TIF, and 2) commencing July 1, 2006, allow all of the funds in the TIF to be distributed according to the 40-40-20 formula. The author's office should consider amending the bill to: 1)Clarify that the provisions in current law that direct the Controller to apportion $678 million of the funds in the TIF as a'first priority to the list of capital'projeets in the TORP shall sunset in 2006. This would allow the Controller to distribute all of funds that are transferred to the TIF according to the 40-40-20 formula. 2)Allow funds in the TIF to be loaned without interest to the'GF in times of fiscal crisis, provided that they are repaid in a timely manner. AB 227 Page 4 Related legislation ACA 9 (Dutra) provides for the constitutional dedication of"revenues from the sales tax on gasoline for transportation purposes. REGISTERED SUPPORT /'OPPOSITION Support American Federation of State, County and Municipal Employees (AFSCME) California State Association of Counties City of Long Beach City of Los Angeles, Department of Public Works http://www.leginfo.ca.gov/pub/bill/asm/ab_.../ab_227_cfa_20010316_141025_asm_comm htm 3/29/01 AB 227 Assembly Bill - Bill Analysis Page 4 of 4 City of Merced League of California Cities League of California Cities (Orange County Division) Orange County Transportation Authority. Planning and Conservation League Riverside County San Bernardino County San Diego County Southern California Association of Governments (SCAG) Ventura County Transportation Commission (VCTC) Opposition None received Analysis Prepared'bv Andrew,Antwih /,TRANS. /,(916) 319-2093 http://www.leginfo.ca.gov/pub/bill/asm/ab_.../ab . 227—cfa_20010316_141025_asm_comm.htm 3/29/01 AB 227 Assembly Bill - INTRODUCED Page 1 of 4 BILL NUMBER: AB 227 INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Longville FEBRUARY 13, 2001 An act to amend Section 7104 of the Revenue and Taxation Code, relating to transportation, and making an appropriation therefor. LEGISLATIVE COUNSEL'S DIGEST AB'227,°as introduced, Longville. Transportation: funding. Existing law requires the Controller to transfer specified amounts on a quarterly basis from the General Fund to the Transportation Investment Fund (hereafter the TIF) in the State Treasury. The Controller, for each quarter during the period commencing on July 1, 2001, and ending on June 30, 2006, is required to transfer specified amounts from the TIF to the Traffic Congestion Relief Fund in the State Treasury, to the Public Transportation Account, a trust fund in the. -State Transportation Fund, to the Department of Transportation, to'the counties, including a city; and county, and tothecities, including a city and county, for specified transportation purposes. This bill would extend indefinitely the period during which the Controller would be required to make the quarterly transfers from the General Fund to the TIF, and thereby would make an appropriation. Vote: 2/3. Appropriation: yes. Fiscal, committee': yes. State -mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 7104 of the Revenue and Taxation Code is amended to read: 7104 (a) The Transportation Investment Fund (hereafter the fund) is hereby created in the State Treasury. Notwithstanding Section 13340 of the Government Code, the money'in,the fund is continuously appropriated without regard to fiscal years for disbursement in the manner and for the purposes set forth in this section. (b) All of the following shall occur on a quarterly basis: (1) The State Board of Equalization, in consultation with the Department of Finance,shall estimate the amount that is transferred to the General Fund under subdivision (b) of Section 7102 that is attributable to revenue collected for the sale, storage, use, or other consumption in this state of motor vehicle fuel, as defined in Section 7304. (2) The State Board of Equalization shall inform the Controller, in writing, of the amount estimated under paragraph (1). - (3) The Controller shall transfer the amount estimated under paragraph (1) from the General Fund to the fund. (C) Feff eael- - - - &"iny the = -- - - -l- 1, 2991, axmiel-endiftgen 6�afte 38 2.9', e- The Controller shall make all of the following transfers and apportionments from the-€ttixels €zees €e €yens p- m,aph-(2) e4$ s4be --- : _f (b) fund, on a quarterly basis, in the following order: (1) To the Traffic Congestion Relief Fund created in the State Treasury by Section 14556.5 of the Government Code, the sum of one http://www.leginfo.ca.gov/publbilllasmlab_0201-0250/ab_227_bill_20010213_introdu.ced.htinl 3/29/01 AB 227 Assembly Bill INTRODUCED Page 2 of 4 hundred 'sixty-nine million five hundred thousand dollars ($169,500,000), for a total transfer of three billion three hundred ninety million dollars ($3,390,000,000): (2) To the Public Transportation Account, a trust fund in the State Transportation Fund, 20 percent of the amount remaining after the transfer required under paragraph (1). Funds transferredunder this paragraph shall be appropriated by the Legislature as follows: (A) To the Department of Transportation, 50 percent for purposes of subdivision (a) or (b) of Section 99315 of the Public Utilities Code. (B) To the Controller,, 25 percent for allocation pursuant to Section 99314 of the Public Utilities Code. Funds allocated under this subparagraph shall be subject to all of the provisions governing funds allocated under Section 99314 of the Public Utilities Code. (C) To the Controller, 25 percent for allocation pursuant to Section 99313 of the Public Utilities Code. Funds allocated under this subparagraph -shall -be subject to all of:,the provisions governing funds allocated under Section 99313 of the Public Utilities Code. (3) To the Department of Transportation for expenditure for programming for transportation capital improvement projects subject to all of the provisions governing the State Transportation Improvement Program, 40 percent of the amount remaining after the transfer required under paragraph (1). (4) To the Controller for apportionment to the counties, including a city and county, 20 percent of the amount remaining after the transfer required under paragraph (1), in accordance with the following formulas: (A) Seventy-five percent of the funds payable under this paragraph shall be apportioned among the counties in the proportion that the number of fee -paid and exempt vehicles that are registered in the county bears to the number of fee -paid and exempt vehicles registered in the state. (B) Twenty-five percent of the funds payable under this paragraph shall be apportioned among the counties in the proportion that the number of miles ,of maintained county roads in each county bears to the total number of miles of maintained county roads in the state. For the purposes of apportioning funds under this subparagraph, any roads within the boundaries of a city and county that are not state highways shall be deemed to be county roads. (5) To the Controller for apportionment to cities, including a city and county, 20 percent of the amount remaining after the transfer required under paragraph (1) Funds transferred under this paragraph shall be apportioned among, the cities in the proportion that the total population of the city bears to the total population of all the cities in the state. (d) Funds received under paragraphs (4) and (5) of subdivision (c) shall be deposited as follows in order to avoid the commingling of those funds with other local funds: (1) In the case of a city, into the city account that is designated for the receipt of state funds allocated for transportation purposes. (2) In the case of a county, into the county road fund. (3). In the case of`a city and county, into a local account that is designated for the receipt of state funds allocated for transportation purposes. (e) Funds allocated to a city, county, or city and county under this section shall be used only for street and highway maintenance, rehabilitation, reconstruction, and storm damage repair. For purposes of this section, the following terms have the following meanings: (1) "Maintenance" means either or both of the following: (A) Patching. (B) Overlay and sealing. http://www.leginfo.ca.gov/pub/bill/asm/ab_0201-0250/ab_227-bi11_20010213_introduced.html 3/29/01 AB 227 Assembly Bill - INTRODUCED Page 3 of 4 (2) "Reconstruction" includes any overlay, sealing, or widening of the roadway, if the widening is necessary to bring', the roadway width to the desirable minimum width consistent with the geometric design criteria of the department for 3R (reconstruction, resurfacing, and rehabilitation) projects that are not on a freeway, but does not includewidening for the purpose of increasing the traffic' capacity of a street or highway. (3) "Storm damage repair" is repair or reconstruction of local streets and highways and related drainage improvements that have been damaged due to winter storms and flooding, and construction of drainage improvements to mitigate future roadway flooding and damage problems, in those jurisdictions that have been declared disaster areas by the President of the United States, where the costs of .those repairs are ineligible for emergency funding with Federal Emergency Relief (ER) funds or Federal Emergency Management Administration (FEMA) funds. (f) (1) Cities and counties shall maintain their existing commitment of"local funds for `street 'and highway maintenance, rehabilitation, reconstruction, and storm damage repair in order to remain eligible for the allocation of funds pursuant to paragraph (4) or (5) of subdivision (c). (2) In order to receive any allocation pursuant to, paragraph (4) or (5) of subdivision "(c), the city or county shall annually expend from its general fund for street, road, and highway purposes an amount not less than the annual average of its expenditures from its general fund during the 1996-97, 1997-98, and 1998-99 fiscal years, as reported to the Controller pursuant to Section 2151 of theStreets and Highways Code. For purposes of this paragraph, in calculating a city's or county's annual general fund expenditures and its average general fund expenditures for the 1996-97, 1997-98, and 1998--99 fiscal years, any unrestricted funds that the city or county may expend at its discretion, including vehicle in -lieu tax revenues and revenues from fines and forfeitures, expended for street and highway purposes shall be considered expenditures from the general fund. One-time allocations that have been expended for street and highway purposes, but which may ,not be available on an ongoing basis, including revenue provided under the Teeter Plan Bond Law of 1994 (Chapter 6.6 (commencing with Section 54773) of Part 1 of Division 2 of Title 5 of the Government Code, may not be considered when calculating a city's or county's annual general fund expenditures. (3) For any city incorporated after July 1, 1996, the Controller shall calculate an annual average of expenditure for the period between July 1, 1996, and December 31, 2000, that the city was incorporated. (4) For purposes of paragraph (2) the Controller may request fiscal data from cities and counties in addition to data provided pursuant to Section 2151, for the 1996-97, 1997-98, and 1998-99 fiscal years. Each city and county shall furnish the data to the Controller not later than 120 days after receiving the request The Controller may withhold payment to cities and counties that do not comply with the request for information or that provide incomplete data: (5) The Controller may perform audits to ensure compliance with paragraph (2) when deemed necessary. Any city or county that has not complied with paragraph (2) shall reimburse the state for the funds it received during that fiscal year. Any funds withheld or returned as a result of a failure to comply with paragraph (2) shall be reallocated to the other counties and cities whose expenditures are in compliance. (6) if a.city or county fails to comply with the requirements'of paragraph (2) in a particular fiscal year, the city or county may expend during that fiscal year and the following fiscal year a total amount that is not less than the total amount required to be expended http://www,leginfo.ca.govlpub/bill/asn /ab_02Ol-0250/ab-227_bill_20010213_introduced.htnil 3/29/01 AB 227 Assembly Bill - INTRODUCED Page 4 of 4 for those fiscal years for purposes of complying with paragraph (2). (7) The allocation made under paragraph (4) or (5) of subdivision (c) shall be expended not later than the end of the fiscal year following the fiscal year in which the allocation was made, and any funds not expended within that period shall be returned to the Controller and shall be reallocated to the other cities and counties pursuant to the allocation formulas set forth in paragraph (4) or (5) of subdivision (c). (g) The Los Angeles County y Metropolitan Transportation Authority shall give first priority for using its share of the funds made available under subparagraphs (B) and (C) of paragraph (2) of subdivision (c) to providing the levels of bus service mandated under the consent decree entered into by the authority on October 29, 1996, in the case of Labor/Community Strategy Center, et al. v. Los Angeles County Metropolitan Transportation Authority (h) For the purpose of allocating fundsunder this section to counties, cities, and a city and county, the Controller shall use the most recent population estimates prepared by the Demoqraphic Research Unit of the Department of Finance. For a city that incorporated after January 1, 1998, that does not appear on the most recent population estimates prepared by the Demographic Research Unit, the -Controller shall use the population determined for that city under Section 11005.3, of the Revenue and Taxation,Code. Thi5' seetian 5hall aft the elate titat all: .—urred fler ti-te prejeets Ettfteled ttftelev petragretph (3) e (e) have beeft lieIttielftl=-eel ar aft tFodne 39, 2986, whieheve e -6 ttq bit& at;e 4:9 latee, anel as eg tite 4ftft"at-Y 9! elate is L-epealeA. http://www.leginfo.ca.gov/pub/bill/asm/ab�0201-0250/ab-227—bill-20010213—introduced.html 3129/01 - SB 910 Senate Bill —Status Page 1 of 1 CURRENT BILL STATUS MEASURE': S.B. No. 910(Coauthors AUTHOR(S) Senators Burton, Haynes, and Monteith). TOPIC General plans: housing elements. HOUSE LOCATION : SEN +LAST AMENDED DATE 03/27/2001 TYPE OF BILL Active Non -Urgency Appropriations 2/3 Vote Required Non -State -Mandated Local Program Fiscal Non -Tax Levy LAST HIST. ACT. DATE: 03/27/2001 LAST HIST. ACTION From committee with author's amendments. Read second time. Amended. Re-referred to committee. COMM. LOCATION SEN HOUSING AND COMMUNITY DEVELOPMENT HEARING DATE 04/02/2001 TITLE An act to amend Sections 65587 and 65589.3 of, and to add Section 65585.5 to, the Government Code, relating to general plans, and making an appropriation therefor. http://info.seri.ca.gov/pub/bill/sen/sb_0901-0950/sb_910_bill_20010327_Status.html 03/29/2001 AMENDED IN SENATE MARCH 27, 2001 INTRODUCED BY-Seftfttel's Bann, BttLeen, Haynes, Senator Dunn (Coauthors: Senators Burton, Haynes, and Monteith) FEBRUARY 23, 2001 An act to amend Sections 65587 and 65589.3 of , and to add Section 65585.5 to, the Government Code, relating to general plans, and making an appropriation therefor: LEGISLATIVE COUNSEL'S DIGEST SB 910, as amended, Dunn. General plans: housing elements. (1) Existing :law requires each city, county, or city and county to prepare and adopt a general plan for its jurisdiction that contains certain mandatory elements, including a housing element. A city, county, a city and county is required to submit a draft ;housing element or draft amendment to its housing element to the Department of Housing and Community Development for a determination, of whether the draft complies with state law governing housing elements. Existing law;until June 30, 2009, exempts any local government within the jurisdiction of the San Diego Association of Governments from this review requirement if it instead submits to the department with its housing element a self-certificationof compliance with state law. In an action brought by anyparty to review the conformity of a housing element with applicable state law, a court review shall extend to whether the housing element, or portion thereof or revision thereto, substantially complies with that law. This bill ,would require a court, on a finding that there is not substantial compliance, to award the plaintiff reasonable attorney's fees and costs and to levy a penalty not to exceed $1,Q00 per unit of the total projected housing need for the jurisdiction. The bill would provide that all penalties shall accrue to the Housing Rehabilitation Loan Fund. Because all money in this fund is continuously appropriated to, the Department of Housing and Community Development for specified purposes, this bill would make an appropriation. (2) Existing law provides that, in any action filed on or after January 1, 1991, challenging the validity of a housing element, there - shall be a rebuttable presumption of the validity of the element or amendment if the Department of Housing and Community Development has found that the element or amendment substantially complies with the applicable law. This bill ''would provide that, in any action filed on or after January 1, 2002, challenging the validity of a housing element, there shall be a rebuttable presumption of nonvalidity of the element or amendment if the department has found that the element or amendment does not substantially comply. This bill would-deelai�e' ehe inbefu-e'E thie E3egislatid2fe -- withhale unidenti:Eiedstate f -t --e --__ ---� - f- - --.. require the Controller to reduce by specified percentages the monthly allocation of funds disbursed under various fuel tax laws 'to'any city, county, or city and county that lees got heve a- whose third or subsequent revision of its housing element is not in substantial compliance with state law and to http://info. sen.ca.gov/pub/bill/senlsb_0901-0950/sb_910_bill_20010327_amended_sen.html 03/29/2001 SB 910 Senate Bill - AMENDED redistribute the money ee-thaBe-eiti6 eau.—e-, afrel eetiftt eswheee heats-: tg elemefxbs aie -- ---- in the following month. The bill 'would require the department to report to the Controller monthly a list of noncompliant jurisdictions The bill would state that, for the purposes of this provision, an authorized self -certification of a housing element shall be deemed to have.been'approved ,by the department unless a court finds that jurisdiction's housing element does not substantially comply with state Taw Vote: 2/3. Appropriation: yes. Fiscal committee: yes. State -mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1.Section 65587 of the Government Code is amended to read: 65587. (a) Each city, county, or city and county shall bring its housing element, as required by subdivision (c) of Section 65302, into conformity with the requirements of this article on or before October 1, 1981, and the deadlines set by Section 65588. Except as specifically provided in subdivision (b) of Section 65361, the Director of Planning and Research shall not grant an extension of time from these requirements (b) Any action brought by any interested party to review the conformity with the provisions of this article of ,any housing element or portion thereof or revision thereto shall be brought pursuant to Section 1085 of the Code of Civil Procedure; the court's review of compliance with the provisions of this article shall extend to whether the housing element or portion thereof or revision thereto substantially complies with the requirements of this article. If a court finds that any housing element or portion thereof does not substantially comply with the requirements of this article, the court, in addition to any other remedy allowed by law, shall award the plaintiff reasonable attorney's fees and costs'and shall levy a penalty not to exceed one thousand dollars ($1,000) per unit of the totalprojectedhousing need for the jurisdiction as identified' pursuant to Section 65584. Anypenalties shall accrue to the Housing Rehabilitation Loan Fund established by Section 50661 of the Health and Safety Code. (c) If a'court finds that an action of a`city, county, or city and county, which is required to be consistent with its general plan, does not comply with its housing element, the city, county, or city and county shall bring its action into compliance within 60 days. However, the court shall retain jurisdiction throughout the ,period for compliance to enforce its decision. Upon the court's determination that the 60 -day period for compliance would place an undue hardship on the city, county, or city and county, the court may extend the time period for compliance by, an additional 60 days. SEC. 2. Section 65589.3 of the Government Code is amended to read: 65589.3. (a) In any action filed on or after January 1, 1991, taken to challenge the validity of a housing element, there shall be a rebuttable presumption of the validity of the element or amendment if, pursuant to Section 65585 the department has found that the element or amendment substantially complies with the requirements of this article. (b) In any action filed on or after January 1, 2002; taken to challenge the validity of a housing element, there shall be a rebuttable' presumption of the nonvalidity of the element or amendment if, pursuant to Section 65585, the department has found that the element or amendment does not substantially comply with the Page 2 of 3 http //info.sen.ca.govlpubfbilllsenlsb_0901-0950/sb_910_bill_20010327_amended_sen.html 03/29/2001 SB 910 Senate Bill - AMENDED Page 3 of 3 requirements of this article: SEC. _3. Section 65585.5 is added to the Government Code, to read; 65585:5. (a) The Controller shall reduce by the following percentages the monthly allocation of funds dispersed pursuant to subdivision (d), (e), or (f) of Section 2104 and Sections 2105, 2106; .and 2107 of the Streets and Highways ,Code to any city, county, or city and county unless the city, county, or city and county has an adopted housing element that the Department of Housing and Community Development has determined pursuant to Section 65585 to be in substantial compliance with the requirements of this article: (1) The allocation shall be reduced by 20 percent for a city, county, or city and county whose third or subsequent revision of its housing element has not been found by the department to -be in substantial compliance within 180 days of the deadline established by, Section 65588. (2) The allocation shall be reduced by 40 percent for a city, county, or city and county whose third or subsequent revision of its housing element has not been found by the department to be in substantial compliance within one year of the deadline established by Section 65588. (3) The allocation shall be reduced by 60 percent for a city, county, or city and county whose third or subsequent revision of its housing element has not been found by the department to be in substantial compliance within two years of the deadline established -by Section 65588. (b) Any funds withheld from a city, county„ or city and county pursuant to this section shall be added to the total pool of funds to be allocated and disbursed in the following month. (c) For the purposes of this section, an adopted housing element that has been self -certified pursuant to, Section 65585,1 shall be deemed to have been approved by the department, unless a court finds that the jurisdiction's housing element does not substantially comply with this article. (d) The department shall report to the Controller by the 20th day of the month a list of cities, counties, and cities and counties' whose third or subsequent housing element revisions, as of the 15th - day of that month, have not been determined by the department to be in substantial compliance with the requirements,of this article. The department shall also report the deadline date for the third or subsequent housing element revision established in Section 65588 for each respective jurisdiction on that list. gees-ee-ewe-€ ftel} shall be-jArni.i.eia era -ee_e� ,-tet t --ter e i taY aft6 "-ae- does -tat have an adepeeel he'ttsiaff element ehae the PepaL-titame et Hensing ane effffattnity Develapment has deter -mine pttrsttent be Seetien 65585 6E the Geverftnenb ^ ' to be- tt --L- nt.-f--refAvbeie19.6(eafff Seeb4-an 65589)--e€ ehe eei- a -�v 4meeei--+ eg- Lreje 4f__ the GeveL-a ate. it- is Ettj eti_ the . -. ene of the -Tegeslaettae-te redietii15taee in the -felie ie gtenth any Et2nde �-uxfteng-a4: ei-tif+9eetinties, cftnd eibi:e5 etnel e6ttnties wheee hnrsinj e4:etfteftt5 bit- et3t-het5 eleteL-fttif el be be -if eafftpg4ftnee Foe -: ease -1 ee Fed the pttl-poses er this seeeies a heesisg elefaene that has b: =� self ee ei eek tt st}at3e 'to seebzer 65585:1ef the Gri --a—t --e4e shall -he-ele-eel to-Ytade been appreved hyehe elepa�effleee: http://info. sen.ca.gov/pub[bill/sen/sb-0901-0950/sb_910_bill_20010327_amended_sen.html 03/29/2001 tedqUe Odlif omid Groes ��. wca,tues.org yw, C islative alert. S Better Cirics-A B i 910 Dunn Qppose March 21, 2000 TO: All City Managers (Please distribute to Mayors and Council Members w; Fram: Dan Carrigg, Legislative Representative, league of California Cities L Phone: (916) 658-8222 f=ax: (916) 858.8240 caMi9gd@cac iies.org RE: SB 910 (Dunn) Housing Elements, Fines, Penalties a . nd Litigation. The League Needs Your Assistance in opposing SB 910 (Dunn), a bill which Proposes various fines, penalties, and encourages litigation against local government over housing element compliance. This bill requires a court that finds that a iocal government's housing element is not in substantial compliance with the state law governing housing elements, to levy a penalty not to exceed $1,000 per unit of the total projected housing need for the jurisdiction,. and award the plaintiff attorney's fees and costs. This brit further, provides that in any action tiled on or after January 9, 2002, challenging the validity of a housingelement, there shall be a rebuttable presumption of nonvalidity of the housing element or amendment if the Department of Housing and Community Development has found that the element or amendment does not substantially comply with state law. The bill also includes language stating the Legislature's intent to withhold state funding from any city, county, or city and county that does not have a housing element in subsstantial compliance with state law, and to redistribute the withheld funds to those jurisdictions that are in compliance. Earlier versions of this proposal contemplated withholding up to 40 percent of a community's Vehicle License Fee revenue currently being backfilled by the state. (Acopy of the bill may be obtained at'WM .sen_ca aov) SB 910 is will be heard Monda Aril 2 2001 short) after 1;30 m. in the Senate Housin & Comrnurti Qevelo rrrnent Committee Room 31-91 of the State Ca_ pilot, Oppose letters from cities should be sent immediately. edia fax - tel. x Y a to You letter directly to Committee at (916) 327-9478, Make sure t intact YOU tegisiatore as well, on this matter, It is critical for cities to send the message to state legislators that they object to this heavy-handed legislation. Attached is a a copy of the LeaguefCSAC letter opposing the bill, and a COPYof a sample letter, Thank you for your help in opposing SB 910. Conference kCgistration office Past 0111ice Box 1519 �teackluarters Southi:rn C: rifarnia officei a€ay4ttt:. CA 94544 I400 K 5tn:ct 602 EsLrr Huntington Tar„ Suirc C 9 25.2,93.2113 Sacrame"E0, CA 95814 916.658.8200 Monrovia, CA 91016 FAX 925-283-7833 FAX 916-658.8240.8?l,0 626,305.1315 FAX 62630-5 1341i League of Caffornin Cities 1400 K Street, 4`" Floor California State Association of Counties Sracramento, CA 95814 1100 K Street ,Suite lot (916) 658-8200 Sacramento, CA 95814 (916) 327.7500 March 24, 2007 through the Byzantine housing element process that extracts significant costs; time, and ettenbon with sometime questionable results. We strongly disagree with casting local elected officials as their communities and question the productiveness of such an offensive approach. uncaring about As you know. California's 475 cities and 58 counties vary greatly in size, climate, economic conditions. Some cities are land -locked with rowin topography and cities are facing booming job markets with high aid worglc 9 populations and little available land, other Price of the smallest cottage over half a million dollars. Stilt other cities, with: adjacent base here the competition for housing closures, drives the in depressed economic markets with blocks of vacant housing and retail stores. While counties are are constantly relied upon to provide open space, habitat preservation and retail for opportunities, and often scrutinized by labeling county development as "sprawl_' All of these cries and counties, through -.their elected representatives, are striving to' -improve the quality of life artd oRportunities for their citizens. Having available affordable housing plays a critical role' in the creation of a community, but as you know just as in the Legistature, housing is not the only issue. Public safety, libraries, education, parks, public works, flood control, air quality, protecting the environment, open space, protecting agricultural lands, these are other issues which elected local officials must grapple withs, , in addition an arra. existing state mdition to .me andates and Providing state services to tfie health welfare and justice arena, n well o preparing for the many additional state mandates proposed in the Legislature each year. Now that some context has been established, here are our specific issues with this bill: 1} This Bill Shifts the Legal Standard From Innocent Until Proven Guilty, to Guilty Until Proven Innocent: Under existing law. if HCD determines that a housing element is,in substantial compliance with state law, the housing element is presumed to be valid, thus creating for the bcat government a legal "safe harbor" which protects a local government in a legal challenge to its :general' plan: a very valuable feature+ However, under existing law, section o65585( mpl.either amending the draft element to comply f) Govemment Code, focal governments have the choice of with HCD's recommendations, or to elf -certify and adopt the draft element with findings on why the local element substan govemmertt believes that the draft tially complies with the requirements of the taw despite HCD's findings. This flexibility has the effect of tempering the potential for an overly -zealous interpretation of the law by the state. Just because a State Official fails to pronounce a housing element in substantial Compliance with State taw goes not mean a judge will fee! the same way. Therefore, if a local government believes that a state official is requesting unreasonable changes to a local housing element, and their attorney advises them that they have a well - Prepared element that complies with state law, then the local government is free to run the risk of being challenged without the safe harbor provision, if they feel that they can fairly argue before ,a Court that their element complies with the provisions of state law even absent the "substantial compliance" blessing by HCD. This bill, however, by establishing a rebuttable presumption of nonvalidity, creates a legal presumption that a local housing element is invalid if it has not been deemed in substantial compliance with statelaw by HCD, and therefore subjects the local government to all the fines, by this legislation. What is particularly offensive about this approach s the p�alties, and ptonal tithat the lootcal government is a bad actor and some criminal when HCD fails to determine their housing element in compliance; when the reality may be that the local government has struggled to comply with the edicts of the state and has produced an element that meets 98 percent of HCUs requirement, but the state rejects the entire element over a few minor points. Furthermore, the "guilty until proveninnocent' approach has the effect of injecting state workers directly ,into the approval' business of local general plans. Those local officials who fail to respond to every potentially questionable demand of the state official reviewing. their element, will be exposed to a barrage Offines and penalties „for daring to question the discretion, wisdom, and rationale of state officials, In short, this is a recipe where the "rebuttable presumption of nonvalidity" elevates the opinion of an 'HCD staff member above the opinion of a judge. 2 2) Effect of "Presumption of Nonvalidity" on Pending Develo Consideration: pment Projects Merits If there is a rebuttable presumption on "nonvalidity" for any housing element, which HCD fails to view in substantial compliance, then there are some serious potential consequences for both local governments and developers. Aside from all the fines, penalties, and additional diversions of local state against the local government, the presumption of nonvalidrevenues by the ity immediately calls revenues by the validity of the entire general plan because local general plans are required to be internally consistent. If the local general pian is inconsistent, than any local decision made by the local'government—issuing building permits, approving subdivision maps, adoption of zoning ordinances, approving development Projects—based upon that general plan are also subject to legal challenge. See Government Code section 65755; Camp v Board of Supervisors, i23 Cal. A 74 Cal. app. 3d 64, 70-74 1977. 7'h Fp• 3d 334, 358-60 (1981); Save El Tom Assn v_ pays, ( ) ose who oppose growth in this state will no doubt welcome this new opportunity to litigate using the legal leg -up provided by the presumption of nonvalidity_ 3) Mandatory Attor'ney's Fees: Se gin ignores the existing well-established way of determining whether plaintiffs are entitled to their attorneys' Fees and makes the award of fees automatic, thus encouraging additional litigation. There are currently two sources of attorneys' fees awards: Government Code section 800 and the private attorney genera{ theory (CCP 1021.5). Section 800 awards fees when the action of the city was the result of arbitrary Or capricious action. (An error by an official, even if clearly erroneous, does not ri level of arbitrary or capricious action). The cap on this award is $7500. se -to the The greater exposure is under the private attorney general theory. Under CCP 1021.5, the court MAY award fees if (a) a significant benefit has been conferred on the general public or a large class of persons: (b) the necessity and financial burden of private enforcement is such as to make the award appropriate; and (c) the case involves an important right affecting the public interest. The focus is on the impact of the action in achieving the desired resuit, not the manner of its resolution. These questions of whether there etas been a "significant benefit" and whether it was necessary to brin the litigation are questions that should be left for a judge to decide. g 4) This Bill Treats Local Elected Officials As Criminals: This bill imposes a "penalty" of up to $1,000 per unit of a jurisdiction's regional housing need if a court finds that a housing element or a portion of it fails to substantially comply with the' requirements of the law. For instance, this bill proposes to levy a fine of $66.7 million dollars, in addition to whateveradditional penalties the Legislature plans to attach to this bill, against the Cities of Moreno Valley, Hemet, V'ictorville, Chino Hills, and the Counties of Riverside and San Bernardino for having the audacity to Cont a flawed Regional Housing Needs Allocation process in theircurrent lawsuit against both the Southern California Association of Governments and HCO based on 12 -year-old census data that fails, to reflect the economic realities of the region and proposes an additional 68,700 units be allocated to local governments who contend their' communities have an over -supply of i.housing and lade available jobs for their residents: 3) Bill Ignores the Existing Powers of the Courts To Enforce Housing Element law: Under existing law, if a court ruled that a local governments general plan failed to comply with existing law, the community's general plan would be suspended until an adequate plan was adopted. Section 65755 already r wires a court to include in an order or judgment, which invalidates a local general plan one or more of the following provisions: 3 (1) Suspend the,authority of the city, county, or city and county to issue building permits, or any catego Of building permits, and all other related permits. rY (2) Suspend the authority of the city, county, or city and county, to grant any and all categories of toning changes, variances, or both, (3) Suspend the authority of the city, county, or city and county, to grant subdivision map approvals_ is this not sufficient enforcement authority for the courts? We find it inapprop,ate for the. state to exact additional fines and divert additional local revenues if a local government happens to have a difference of opinion with a state plan reviewer who may not fully understand the trade-offs and difficult choices facing the local elected officials. 6} Proposal to Dlvert.Additional Local Revenues; In addition to all the fines and penalties proposed in this bili to be levied against any t that questions the facts, figures, or interpretation of state employees ofcontainsthis bill containns intent language as a placeholder for additional provisions which wilt be added into this bill, to divert additional local revenues away from local governments to other local governments who have housing elements which HCD has determined to be in compliance with rstate law. Those who collaborate will receive rewards, those who question the assumptions, or mention local realities are penalized. Additional fines, penalties, threats, admonitions and lawsuits from the state, as opposed to grants, consistent streams of affordable housing funding, property tax return, and reforming the broken state or state-local finance, will only serve to widen the gap in the relationship between state and local government who need to work together in order to solve this critical problem facing the State. 7) Housing Element Compliance Convenient Target For larger Housing issues: Levying additional fines, penalties, and generating additional lawsuits against local govemments over housing element compliance may give some comfort that the dramatic housing issues facing the state will suddenly be addressed. This is rhardly the case. Housing production is ultimately the result of many forces in the marketplace and depends heavily on the state of the local economy, land values, lifestyle choices of citizens, and the private developers who respond to those market signals and produce products, which stand to generate the maximum profit governments plan for housing, but it is Local, ultimately the private market responding to the desires of the marketplace, which determine what is bui1L Constructing affordable housing in a state with high land values IS a difficult task that often cannot be done unless significant Levels of government subsidies are provided. The League and CSAC have consistently supported a stream of state funding for affordable housing, but over the last ten years the state has provided little housing funds, outside the one-time boost in last Years budget to address these needs. Further, the effects of the changes the federal 1988 Tax Reform Act, which removed much of the private incentive to construct'and awn rental housing, and contr this state from 148,000 units in ibuted to the decline in multifamily production in i Sii6, to 36,000 in 2000, cannot be ignored. Construction defect litigation surrounding' condominium construction has also led to a significant reduction in a form of housing that ncerns of the electorate proved highly popular in the 1980's. Finally, the coover open space and preserving quality of life in many high-growth areas of the state must not be for local land use initiatives which were on ballots last November. gotten, given the over 50 Above are the specific issues we have with this legislation. We are not, however, opposed to a discussion Of the full range of issues associated with the housing element Local elected Officials have many issues themselves with this process which relies heavily on procedure, Process, and paperwork, in addition to the full range of discussions which lake place with the citizens in our communities, to whom we are ultimately held accountable. If your initial desire is to get our attention on this issue,; that has been accomplished. if your intention is to start a comprehensive dialogue ,with all affected parties--the state, local governments, COG's, housing advocates, developers, and others--over how the housing element process can be 4 a SB 910 (Dunn) Sample OPPOse Letter March XX. 2001 Senator Joe Dunn State Capitol, Room 2080 Sacramento, CA 95814 RE: ig 9i© (Dunn). Housing Elements. Fines, Penalties, and litigation, Notice of Opposition Dear Senator Dunn: We regret to informthat ou the - Y e City Of OPPOSES your SB 910, as introduced. In brief, this measure establishes a legal rebuttable presumption of nonvalidity for a housing element if the Department of Housing and Community Development (NCD) has found that the element in amendment does not substantially comply with state law, requires a court to le a Projected housing need of the affected city or county, in addition to penalty andatto o y aatto neeUnit 5 of and costs and establishes legislative intent to withhold additional state funding, and to redistribute the withheld funds to those jurisdictions that.HCD deems in compliance. This measure shifts the legal standard for housing element review from innocent until guilty until proven innocent, by declaring that a local housing element is presumed invalid til proven a mutt to a focal government fails to comply with every whim of the state reviewer. This change has the effect, of elevating the opinion a state plan reviewer above the opinion of a judge, and causing serious consequences for both local governments and developers, because any local decision made government—issuing building permits, approving subdivision maps, adoption of zoning ordinances, by e local approving development projects—based upon that general plan Furthermore, this bill treats local elected officials as criminals become subject to legal challenge b im stating legislative intent for the state to divert additional local revenues ing�,000-per-unit penalties, and state plan reviewers -Fail to deem an element in substantial compliance. PP eachaway from ) government and n ignores the already substantial powers of a Court to deal with invalid general plans under Seaton e, an of the Government Code_ We completely object to this measure which attempts to cast local governments and their, local) elected compliance with estate over a state that they must be tined, sued, forced, and threatened in�Y Officials. in a very negative light, such about our Communityto supervised process tailed the housing element We care deeply and the many needs of our constituents. Due to the lack of staWlocal fiscal reform, even after years of state surpluses, we struggle to meet the full range of needs for our tom With limited property tax resources, and attempt to provide housing for our citizens with little help from ut e state or federal level to meet the affordable housing needs of our citizens_ Therefore, we are offended b this measure and its focus on `fines, penalties, threats from the state,over the review of our are ended y element ex state officials, who may never have even been to our city, and may care tittle about the variety 9 or complexity of the issues that we balance every day. ety Include a Paragraph which explains local efforts to su on your city`s expsilence with the housing element process. housing in your city, as well as any comments League of California Cities California State Association of Counties 1400 K Street, 4`h Floor 1100 K Street, Suite 101 Sacramento, CA 95814 Sacramento, CA 95814 (916) 658-8200 (916) 327-7500 March 21, 2001 Senator Joe Dunn State Capitol, Room 2080 Sacramento, CA 95814 RE: SB 910 (Dunn). Housing ;Elements. Fines, Penalties, and Litigation. Notice of Opposition Dear Senator Dunn: We regret to inform you that the League of California Cities (League) and California State Association of Counties (CSAC) OPPOSE your SB 910, as introduced. In brief, this measure 1) Establishes a legal rebuttable presumption of nonvalidity for a housing element or amendment if the Department of Housing and Community Development (HCD) has found- that the element or amendment does not substantially comply with state law, for any lawsuit filed after January 1, 2002. 2) Requires a court to levy a penalty up to $1,000 per unit of the total projected housing need for city or county, if the court finds that a local government's housing element is not in substantial compliance with the state law governing housing elements, in addition to awarding plaintiffs attorney's fees and costs. 3) Establi shes legislative intent to withhold state funding from any city, county, or city and county that does not have a housing element in substantial compliance with state law, and to redistribute the withheld funds to those jurisdictions that are in compliance. Before addressing the specifics of this proposal, we would like to convey a perspective from local governments, that are just one partner in the shared responsibility of meeting the housing needs of the state's citizens. We completely object to this measure which appears to cast local governments and their locally elected officials in a very negative light, such that they must be fined, sued, forced, and threatened into compliance with the state over =a state supervised process called the housing element. Local elected officials care deeply about their' communities and the many needs of their constituents. Local elected officials constantly struggle with limited property tax resources, and scarce housing subsidies from either the federal or state level to meet the affordable housing needs of their citizens. Local elected officials and their planning staff pack conference rooms at HCD workshops and forums to gather information on what is needed for their housing elements. They allocate tax dollars to hire staff and consultants to help them through the Byzantine housing element process that extracts significant costs, time, and attention with 4 If there is a rebuttable presumption on "nonvalidity'" for any housing element, which HCD fails to view in substantial compliance, then there are some serious potential consequences for both local governments and developers. Aside from all the fines, penalties, and additional diversions of local revenues by the state against -'the local government; the -presumption of nonvalidity immediately calls into question -the. validity of the entire general plan because local general plans are required -to be internally consistent. If the local general plan is inconsistent, than any local decision made by the local government --issuing building permits, approving subdivision maps, adoption of zoning ordinances, approving development projects --based upon that general plan are also subject to legal challenge. See Government Code section 65755; Camp v. Board of Supervisors, 123 Cal. App. 3d 334, 358-60 (1981); Save B Toro Assn v. Days, 74 Cal. App.. 3d 64, 70-74 (1977). Those who oppose growth in this state will no doubt welcome this new opportunity to litigate using the legal leg -up provided by the presumption of nonvalidity. 3) Mandatory Attorney's Fees: SB 910 ignores the existing well-established way of determining whether plaintiffs are entitled to their attorneys' fees and makes the award of fees automatic, thus encouraging additional litigation. There are currently two sources of attorneys' fees awards: Government Code section 800 and the private attorney general theory (CCP 1021.5). Section 800 awards fees when the action of the city was the result of arbitrary or capricious action. (An error by an official, even if clearly erroneous, does not rise to the level of arbitrary or capricious action). The cap on this award is $7500. The greaterexposure is under the private attorney general theory. Under CCP 1021.5, the court MAY award fees if (a) a significant benefit has been conferred on the general public or a large class of persons; (b) the necessity and financial burden of private enforcement is such as to make the award appropriate; and (c) the case involves an important right affecting the public interest. The focus is on the impact of the action in achieving the desired result, not the manner of its resolution. These questions of whether there has been a "significant benefit" and whether it was necessary to bring. the litigation are questions that should be left for a judge to decide. 4) This Bill Treats Local Elected OfficialsAsCriminals: This bill imposes a "penalty" of up to $1,000 per unit of a jurisdiction's regional housing need if a court finds that a! housing element or a portion of it fails to substantially comply with the requirements of the law. For instance, this bill proposes to levy a fine of $66.7 million dollars, in addition to whatever additional penalties the Legislature plans to attach to this bill, against the Cities of Moreno Valley, Hemet, Victorville, Chino Hills; and the Counties of Riverside and San Bernardino for having the audacity to contest a'flawed Regional Housing Needs Allocation process in their current lawsuit against both the Southern California Association of Governments and HCD based on 12 -year-old censusdata that fails to reflect the economic realities of! the region and proposes an additional 66,700 units be allocated to local governments who contend their communities have an over -supply of housing and lack available jobs for their residents. 5) Bill Ignores the Existing Powers of the Courts To Enforce Housing Element Law: Under existing law, if a court ruledthata local government's general plan failed to comply with existing law, the community's general plan would be 'suspended until an adequate plan was adopted. Section 65755 already requires a court to include in an order or judgment, which invalidates a local general plan one or more of the following provisions: (1) Suspend the authority of the city, county, or city and county to issue building permits, or any category of building permits, and all other; related permits. (2) Suspend the authority of the city, county, or city and county, to grant any and all categories of zoning changes, variances, or both. 3 sometime questionable results. We strongly disagree with casting local elected officials as uncaring about their communities and question the productiveness of such an offensive approach. As you know CalifomWs 475 cities and 58 counties vary --greatly- in size,. climate, topography- and._ economic conditions. Some cities are land' -locked with growing populations and little available land, other cities are facing booming job markets with high paid workers where the competition for housing drives the price of the smallest cottage over half a million dollars. Still other cities, with adjacent base closures, are in depressed economic markets with blocks of vacant housing and retail stores. While counties are constantly relied upon to provide open space, habitat preservation and agricultural opportunities, and often scrutinized by labeling county development as "sprawl." All of these cities and counties, through their elected representatives, are striving to improve the quality of fife and opportunities for their citizens. Having available affordable housing plays a critical role in the creation of a community, but as you know, just as in the Legislature, housingis not the only issue. Public safety, libraries, education, parks, public works, flood "control,' air °quality, protecting the environment, -open space ;.. protecting --agricultural lands, these are other issues which elected local officials must grapple with, in addition to meeting an array of existing state mandates and providing state services in the health, welfare and justice arena, as well as preparing for the many additional state mandates proposed in the Legislature each year. Now that some context has been established,here are our specific issues with this bill: 1) This Bill Shifts the Legal Standard From Innocent Until Proven Guilty to Guilty Until Proven Innocent: Under existing law, if HCD determines that a housing element is in substantial compliance with state law, the housing element is presumed to be valid, thus creating for the local government a legal "safe harbor which protects a local government in a -legal challenge to its general plan:. 'a very valuable feature. However, under existing law, section 65585(f) Government Code, local governments have the choice of either amending the draft element to comply with HCD's recommendations, or to self -certify and adopt the draft element with findings on why the local government believes that the draft element substantially complies with the requirements of the law despite HCD's findings. This flexibility has the effect of tempering the potential for an overly -zealous interpretation of the law; by the state. Just because a state official fails to pronounce a housing element in substantial compliance with state law does not mean a judge will feel the same way. Therefore, if a local government believes that a state official is requesting unreasonable changes to local housing element, and their attorney advises them that they have a well- prepared element that complies with state law, then the 'local government is free to run the risk of being challenged without the safe harbor provision, if they feel that they can fairly argue before a Court that their element complies with the provisions of state law even absent the "substantial compliance" blessing by HCD. This bill, however, by establishing a rebuttable presumption of nonvalidity, creates a legal presumption that a local housing element is invalid if it has not been deemed in substantial compliance with state law by HCD, and therefore subjects the local government to all the fines, penalties, and legal actions promoted by this legislation. What is particularly offensive about this approach is the presumption that the local government is a bad actor and somehow criminal when HCD falls to determine their housing element in compliance; when the reality may be that the local government has struggled to comply with the edicts of the state and has produced an element that meets 98 percent of HCD's requirement, but the state rejects the entire element over a few minor points. Furthermore, the "guilty until proven innocent" approach has the effect of injecting state workers directly into the "approval" business of local general plans. Those local officials who fail to -respond #o eve p p ry potentially questionable demand of the state - official reviewing their element, will be exposed to a barrage of fines and penalties for daring to question 9 p the discretion, wisdom, and rationale of state officials. In short, this is a' recipe where the "rebuttable presumption of nonvalidity" elevates the opinion of an HCD staff' member above the opinion of a judge. 2) Effect of "Presumption of Nonvalidity" on Pending Development Projects Merits Consideration: _2 (3) Suspend the authority of the city, county, or city and county, to grant subdivision map approvals Is this not sufficient -enforcement authority for the courts? ° We -.find it inappropriate for the state to- exact - additional fines and divert additional local revenues if a local government happens to have a difference of opinion with a; state plan reviewer who may not fully understand the trade-offs and difficult choices facing the local elected officials. 6) Proposal to Divert Additional Local Revenues: In addition to all the fines and penalties proposed in this bill to be levied against any local government that questions the facts, figures, or interpretation of state employeesofHCD, this bill contains intent language as a placeholder for additional ,provisions which will be added into this bill, to divert additional local revenues away from local :governments to other local governments who have housing elements which HCD has determined to be in compliance with state law. Those who collaboratewill receive rewards, those who question the assumptions, or mention local realities are penalized. Additional fines, penalties, threats, admonitions and lawsuits from the state, as opposed to grants, consistent streams of affordable housing funding, property tax return, and reforming the broken state of state -local finance, will only serve to widen the gap in the relationship between state and local government who need to work together in order to solve this critical problem facing the State. 7) Housing Element Compliance Convenient Target For Larger Housing Issues: Levying additional fines, penalties, and generating additional lawsuits against local governments over housing element compliance may give some comfort that the dramatic housing issues facing the state will suddenly be addressed. This is hardly the case. Housing production is ultimately the result of many forces in the marketplace and depends heavily on the state of the local economy, land values, lifestyle choices of citizens, and the private developers who respond to those market signals and produce. products, which stand to generate the maximum profit. Local .governments plan for housing, but it is ultimately the private market responding to the desires of the marketplace, which determine what is built. Constructing affordable housing in a state with highland values is a difficult task that often cannot be done unless significant levels of government subsidies are provided. The League and CSAC have consistently supported a stream of state funding for affordable housing, but over the last ten years the state has provided little housing funds, outside the one-time boost in last year's budget to address these needs. Further, the effects of the changes the federal 1986 Tax Reform Act, which removed much of the private incentive to construct and own rental housing, and contributed to the decline in multifamily production in this state from 148,000 units in 1986, to 36,000 in 2000, cannot be ignored. Construction defect litigation surrounding condominium construction has also led to a significant reduction in a form of housing that proved highly popular in the 1980's. Finally, the concerns of the electorate over open space and preserving quality of life in many high-growth areas of the state must not be forgotten, given the over 50 local land use initiatives which were on ballots last November. Above are the specific issues we have with this legislation. We are not, however, opposed to a discussion of the full range of issues associated with the housing element. Local elected officials have many issues themselves with this process which relies heavilyon procedure, process, and paperwork, in addition to the full range of discussions which take place with the citizens in our communities, to whom we are ultimately held accountable. If your initial desire is to get our attention on this issue, that has been accomplished. If your intention is to start a comprehensive dialogue with all affected parties --the state, local governments, COG's, housing advocates, developers, and others --over how the housing' element process can be improved, we would welcome that discussion. However, we must OPPOSE this legislation for all the reasons previously stated. If you have any questions please feel free to contact Daniel Carrigg at (916) 658-8222 or, DeAnn Baker at (916) 327-7500 ext. 509. Sincerely, 4 Daniel Carrigg DeAnn Baker Legislative Representative Legislative Representative League of California- Cities California State Association of Counties cc: Members and Consultant, Senate Housing and Community Development Committee Senator John Burton Senator Ray Haynes Senator Dick Monteith Senator Tom Torlakson Assembly Member Alan Lowenthal Assembly Member Pat Wiggins Julie Bornstein, Director, Department of Housing and Community Development Mike Gotch,'Legislative Secretary, Governor's Office 5 SB 910 (Dunn) Sample Oppose Letter March XX, 2001 Senator Joe Dunn State Capitol,Room 2080 Sacramento, CA 95814 RE: SB 910 (Dunn). Housing Elements. Fines, Penalties, and Litigation.. Notice of Opposition Dear Senator Dunn: We regret to inform you that the City of OPPOSES your SB 910, as introduced. In brief, this measure establishes a legal rebuttable presumption of nonvalidity for a housing element if the Department of Housing and Community Development (HCD) has found that the element or amendment does not substantially comply with state law, requires a court to levy a penalty up to $1,000 per unit of the total projected housing need of the affected city or county, in addition to mandatory attorney's fees and costs, and establishes legislative intent to withhold additional state funding, and to redistribute the withheld funds to those jurisdictions that HCD deems in compliance. This measure shifts the legal standard for housing element review from innocent until proven guilty to guilty until proven innocent, by declaring that if a local housing element is presumed invalid in a court if a local, government fails to comply with every whim of the state reviewer. This change has the effect of elevating the opinion a state plan reviewer above the opinion of a judge, and causing serious consequences for both local governments and developers, because any local decision made by the local government --issuing' building permits, approving subdivision maps, adoption of zoning ordinances, approving development projects --based upon that general plan become subject to legal challenge. Furthermore, this bill treats local elected officials as criminals by imposing $1,000 -per-unit penalties, and stating legislative intent for the state to divert additional local revenues away from local government, when state plan 'reviewers fail to deem an element in substantial ,compliance. ' This approach is offensive, and ignores the already substantial powers of a Court to deal with invalid general plans under Section 65755 of the Government Code. We completely object to this measure which attempts to cast local governments and their locally elected officials in avery negative light, such that they must be fined, sued, forced, and threatened into compliance with the state over a state supervised process called the housing element. We care deeply about our community and the many needs of our constituents. Due to the lack of state -local fiscal reform - even after years of"state surpluses -- we struggle to meet the full range of needs for our community with limited property tax resources, and attempt to provide housing for our citizens with little help from the state or federal level to meet the affordable housing needs of our citizens. Therefore, we are offended by this measure and its focus on fines, penalties, threats from the state over the review of our local housing element by state officials, who may never have even been to our city, and may care little about the variety or complexity of the issues that we balance every day. Include a paragraph which explains local efforts to support housing in your city, as well as any comments on your city's experience with the housing element process. Addressing this state's many housing needs requires a productive working relationship between local governments and the state, and a discussion that must involve the full scope of issues which affect housing production. This is :the wrong' approach. Sincerely, 1. CALL TO ORDER: Chairman Chang called the meeting to order at 8:00 p.m. in the South Coast Air Quality Management District Auditorium, 21865 E. Copley Drive, Diamond Bar, California. ROLL CALL: Agency Members Herrera, Huff, O'Connor, Vice Chairman Ansari, Chairman Chang Also present were: James DeStefano, Interim Executive Director; Mike Jenkins, Agency Attorney; David Doyle, Deputy City Manager; David Liu, Director of Public Works Bob Rose, Community Services. Director; Linda Magnuson, Finance Director; Mike Nelson, Communications and Marketing Director and Lynda Burgess, Agency Secretary: 2. PUBLIC COMMENTS: None Offered. 3. CONSENT CALENDAR': AM/O'Connor moved, AM/Huff seconded, to approve Consent Calendar as presented. Motion carried by the following Roll Call vote: AYES: AGENCY MEMBERS = Herrera, Huff, O'Connor, VC/Ansari, Chair/Chang NOES: AGENCY MEMBERS - None ABSENT: AGENCY MEMBERS - None 3.1 ''APPROVED MINUTES - Regular Meeting of March 6, 2001 - As submitted.. 4. PUBLIC HEARINGS: None 5. OLD BUSINESS None 6. NEW BUSINESS'.: None 7. AGENCY MEMBER COMMENTS: None Offered. ADJOURNMENT: There being no further business to conduct, Chair/Chang adjourned the meeting at 8:04 p.m. LYNDA BURGESS, Agency Secretary ATTEST: Wen Chang, Chairman DIAMOND BAR REDEVELOPMENT AGENCY AGENDA REPORT AGENDA NO 3.2. TO: James DeStefano, Interim Executive Director MEETING DATE: April 03, 2001 REPORT DATE: March 26, 2001 FROM: Linda G. Magnuson, Finance Director TITLE: Treasurer's Report- February 28 2001 SUMMARY: Submitted for the Redevelopment Agency Board's review and approval is the Treasurer's Statement for the month of February 2001. RECOMMENDATION: Review and approve. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification _ Resolution(s) T Bid Specification (on file in City Clerk's office) Ordinance(s) Other: _ Agreement(s) s SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed _ Yes _ No by the City Attorney? 2. Does the report require a majority vote? _ Yes ^ No 3. Has environmental impact been assessed? N/A Yes No 4. Has the report been reviewed by a Commission? N/A Yes No Which Commission? 5. Are other departments affected by the report? N/A — Yes _ No Report discussed with the following affected departments: REVIEWED BY: REVIEWED BY: DEPARTMENT HEAD: i y h Jam DeStefano DaviV boyle Linda G. Magnuso Interim Executive Director Deputy City Manager Finance Director DIAMOND BAR REDEVELOPMENT AGENCY REPORT AGENDA NO. MEETING DATE: April 03,'2001 TO: Chairman and Members of the Board FROM: James DeStefano, interim Executive Director SUBJECT: Treasurer's Statement- February 28, 2001 ISSUESTATEMENT: Per Agency policy, the Finance Department presents the monthly Treasurer's Statement for the Redevelopment Agency Board's review and approval. RECOMMENDATION': Approve the February 2001 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 February 2001. This statement shows the cash balance's 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 ! r DIAMOND BAR REDEVELOPMENT AGENCY TREASURER'S MONTHLY CASH STATEMENT February 28, 2001 ;, BEGINNING - :`... TRANSFERS ENpING R CEIPTS::::.:DISBURSEMENTS ... 'IN (OUT) : BALANCE...: BALANCE_ . ; REDEVELOPMENT AGENCY CIP FD $23,392.98 $24,560.90 $20,175.00 $27,778.88 LOW & MOD INCOME HOUSING FD - - REDEVELOPMENT DEBT SVC FD - TOTALS 423,392.98 $24,560.90 $20,175.00 $0.00 $27,778.88 SUMMARY OF CASH: DEMAND DEPOSITS: GENERAL ACCOUNT $27,778:88 TOTAL DEMAND DEPOSITS $27,778.88 TOTAL CASK $27,778.88 L.A.I,F - Effective Yield for February 2000 6.169% r ,M I James DeStefano; I Irim Treasurer