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HomeMy WebLinkAbout02/15/20051 THIS MEETING IS BEING BROADCAST LIVE BY ADELPHIA FOR AIRING ON CHANNEL 3 AND BY REMAINING IN THE ROOM, YOU ARE GIVING YOUR PERMISSION TO BE TELEVISED. THIS MEETING WILL BE RE -BROADCAST EVERY SATURDAY AT 9:00 A.M. AND EVERY TUESDAY AT 8:00 P.M. ON CHANNEL 3. CITY OF DIAMOND BAR CITY COUNCIL AGENDA February 15, 2005 STUDY SESSION: 5:00 PM — AQMD/Government Center Room CC -8 1. Prioritize Federal Appropriation Requests 2. Discussion of video media program and proposal from MBI Media 3. Discussion of Sheriff Contract Changes/Increases Public Comments CLOSED SESSION: 6:15 PM - AQMD/Government Center Room CC -8 Public Comments on Closed Session Agenda Government Code Section 54956.9(b) Conference with Legal Counsel -- Anticipated Litigation -- One case CALL TO ORDER: 6:30 p.m. PLEDGE OF ALLEGIANCE: Mayor INVOCATION: Monsignor Loughnane, St. Denis Catholic Church ROLL CALL: Council Members Herrera, Zirbes, Mayor Pro Tem O'Connor, Mayor Chang APPROVAL OF AGENDA: Mayor SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Presentation of Year End Report by Los Angeles County Fire Department Asst. Fire Chief Nieto. 1.2 Presentation of City Plaque to Diamond Bar High School Math Department and Students for their achievements. FEBRUARY 15, 2005 PAGE 2 CITY COUNCIL NEW BUSINESS RECOGNITION 1.3 Metropolitan Furnishings, Jeffery Lee Owner, 820 N. Diamond Bar Blvd. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: 3. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Although the City Council values your comments, pursuant to the Brown Act, the Council generally cannot take any action on items not listed on the posted agenda. Please complete a Speaker's Card and give it to the City Clerk (completion of this form is voluntarv). There is a five-minute maximum time limit when addressing the City Council. 4. 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: 5.0 CITY COUNCIL CANDIDATE NOMINATION PERIOD — February 14, 2005 through March 11, 2005 — for an appointment call 909-839-7010 5.1 D.B. COMMUNITY FOUNDATION MEETING — February 17, 2005 — 7:00 p.m., Room CC -8, AQMD/Government Center, 21865 Copley Dr. 5.2 NEIGHBORHOOD TRAFFIC MANAGEMENT PROGRAM COMMUNITY MEETING — February 17, 2005 — 7:00 p.m., Castle Rock Elementary School, 2975 Castle Rock Road. 5.3 PRESIDENT'S HOLIDAY — City Offices will be closed Monday, February 21, 2005 in observance of President's Day. City Offices will reopen Tuesday, February 22, 2005 at 7:30 a.m. 5.4 NEIGHBORHOOD TRAFFIC MANAGEMENT PROGRAM COMMUNITY MEETING - February 22, 2005 - 7 p.m., Diamond Point Elementary School, 24150 Sunset Crossing Road. 5.5 PLANNING COMMISSION MEETING — February 22, 2005 — 7:00 p.m., Auditorium, AQMD/Government Center, 21865 Copley Dr. 5.6 NEIGHBORHOOD TRAFFIC MANAGEMENT PROGRAM COMMUNITY MEETING - February 24, 2005 - 7 p.m., YMCA, 226400 Sunset Crossing Road. FEBRUARY 15, 2005 PAGE 3 CITY COUNCIL 5.7 PARKS AND RECREATION COMMISSION MEETING — February 24, 2005 — 7:00 p.m., Hearing Board Room, AQMD/Government Center, 21865 Copley Dr. 5.8 HOUSEHOLD HAZARDOUS WASTE ROUND -UP — Saturday, February 26, 2005 — 9:OOa. — 3:OOp., 1300 block of Bridgegate Dr. 5.9 CITY COUNCIL MEETING — March 1, 2005 — 6:30 p.m., Auditorium, AQMD/Government Center, 21865 Copley Dr. 5.10 PUBLIC SAFETY COMMITTEE MEETING - March 7, 2005 — 7:00 p.m., Diamond Bar/Walnut Sheriff Station, 21695 E. Valley Blvd. Walnut 6. CONSENT CALENDAR: 6.1 City Council Minutes: 6.1.1 Study Session of February 1, 2005 — Approve as submitted. 6.1.2 Regular Meeting of February 1, 2005 — Approve as submitted. 6.2 Planning Commission Minutes- Regular Meeting of January 11, 2005 - Receive and file. 6.3 Parks and Recreation Commission Minutes — Regular Meeting of November 18, 2004 - Receive and file. 6.4 Ratification of Check Register — Ratify Check Register containing checks dated February 3, 2005 and February 10, 2005 in a combined amount of $496,714.17 6.5 Second Reading of Ordinance No. 02(2005) Adopting Development Code Amendment No. 2005-01 Regarding Diamond Bar Municipal Code Section 22.36 relating to the Substitution of Non -Commercial Messages for On -Site Signs Recommended Action: Adopt. Requested by: Planning Division 6.6 Approval of prior years' allotment of tuition reimbursement for the City Manager ($12,000) Recommended Action: Approve. Requested by: City Manager FEBRUARY 15, 2005 PAGE 4 CITY COUNCIL 6.7 Award of contract to MBI Media to produce a video promoting a SR 57/60 interchange improvement project ($25,000) Recommended Action: Approve. Requested by: City Manager 6.8 Award of contract for inspection services to D&J Engineering for Starshine Park Improvement project ($7,500) Recommended Action: Approve. Requested by: Community Services 6.9 Acceptance of Resignation of Dexter MacBride as a member of the Wildlife Corridor Conservation Authority (WCCA) Recommended Action: Accept. Requested by: City Council 6.10 Appointment of Stephen Davis to the Wildlife Corridor Conservation Authority (WCCA) Recommended Action: Appoint. Requested by: City Council 6.11 Approve disposal of surplus City Hall office equipment Recommended Action: Approve Requested by: City Manager 6.12 Appropriate $140,000 of General Fund, Fund Balance Reserve from the Previous Sale of Prop A Funds, to the Capital Improvement Projects budget for FY 2004-05 for construction of a new Traffic Signal at Diamond Bar Boulevard and Maple Hill Road Recommended Action: Appropriate Funds Requested by: Public Works FEBRUARY 15, 2005 PAGE 5 CITY COUNCIL 7. PUBLIC HEARINGS: 8. COUNCIL CONSIDERATION: 8.1 Introduction of Ordinance No. 0X(2005): Establishing a Personnel System and Rescinding Ordinance 21 (1989) Recommended Action: Introduce by title only and waive further reading Requested by: City Manager 9. COUNCIL SUB -COMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: 10. ADJOURNMENT: CITY COUNCIL TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager Agenda # Meeting Date: February 15, 2005 AGENDA REPORT TITLE: Appointment of Stephen Davis to the Wildlife Corridor Conservation Authority (WCCA) Advisory Board RECOMMENDATION: It is recommended that the City Council appoint Stephen Davis to the Wildlife Corridor Conservation Authority (WCCA) Advisory Board. FISCAL IMPACT: There is no financial implication associated with this action. DISCUSSION: The Wildlife Corridor Conservation Authority (WCCA) was established to provide for the proper planning, conservation, environmental protection, and maintenance of lands within the Puente -Chino Hills corridor area. WCCA's governing board consists of representatives from the cities of Brea, Whittier, Diamond Bar, La Habra Heights, the Santa Monica Mountains Conservancy, California Department of Parks and Recreation, California Department of Fish and Game (ex officio member), Los Angeles County, and two public members. In addition to the Governing Board, WCCA has a large Advisory Committee that meets separately to provide input. The recent resignation of Diamond Bar resident Dexter McBride from the Wildlife Corridor Conservation Authority (WCCA) Advisory Board creates a vacancy that needs to be filled. Mr. Davis (resume attached) has indicated a desire to serve on the Advisory Board and his name has been nominated for Council consideration by Councilmember Herrera. If approved by the City Council, staff will notify the Wildlife Corridor Conservation Authority that Mr. Davis now represents Diamond Bar on the Advisory Board along with Mr. Bill Herrick, the City's other Advisory Board member. Prepared by: Dave Doyle, Assistant City Manager Agenda # Meeting Date: February 15, 2005 CITY COUNCIL AGENDA REPORT �okroR �T�,9 TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager TITLE: Resignation of Dexter McBride from Wildlife Corridor Conservation Authority (WCCA) Advisory Board RECOMMENDATION: It is recommended that the City Council accept Dexter McBride's resignation from the Wildlife Corridor Conservation Authority (WCCA) Advisory Board. FISCAL IMPACT: There is no financial implication associated with this action. DISCUSSION: The Wildlife Corridor Conservation Authority (WCCA) was established to provide for the proper planning, conservation, environmental protection, and maintenance of lands within the Puente -Chino Hills corridor area. Its goal is to assure that sufficient continuity of habitat can be preserved to maintain a functioning wildlife corridor made up of about 40,000 acres of land located between the Santa Ana Mountains and Whittier Hills. WCCA's governing board consists of representatives from the cities of Brea, Whittier, Diamond Bar, La Habra Heights, the Santa Monica Mountains Conservancy, California Department of Parks and Recreation, California Department of Fish and Game (ex officio member), Los Angeles County, and two public members. In addition to the Governing Board, WCCA has a large Advisory Committee that meets separately to provide input. Mr. McBride has been a member of the Wildlife Corridor Conservation Authority (WCCA) Advisory Board and has served the City well in this capacity. Recently, he contacted the City to inform us of his desire to resign from the Board due to personal reasons. Another item on tonight's agenda will request the Council appoint Stephen Davis to replace Mr. McBride on the Board. Prepared by: Dave Doyle, Assistant City Manager Agenda # Meeting Date: February 15, 2005 CITY COUNCIL AGENDA REPORT �okroR �T�,9 TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager TITLE: Approval of prior years' allotment of Tuition Reimbursement for the City Manager ($12,000) RECOMMENDATION: It is recommended that the City Council approve additional City Manager tuition reimbursement in the amount of $12,000 for a total not -to -exceed $15,000 for FY 2004-05. FISCAL IMPACT: In the FY 2004-05 budget there is a $3,000 appropriation for City Manager tuition reimbursement. The additional $12,000 can be absorbed in the existing budget using available funds from salary savings resulting from vacant staff positions. BACKGROUND: The City Manager's employment contract provides for tuition reimbursement in the amount of $3,000 annually. The purpose of the tuition reimbursement is to encourage continuing education and professional growth. DISCUSSION: Since her arrival in FY 2000-01, the City Manager has not received any tuition reimbursement. Based on an annual allotment of $3,000 each fiscal year since 2000-01, the amount of authorized funds, including the current fiscal year, is $15,000. During the recent City Manager performance evaluation, this issue was discussed and Council agreed to reimburse the City Manager her educational expenses in an amount not to exceed $12,000. Therefore, it is appropriate for the City Council to approve this reimbursement. The City Manager will provide the necessary receipts and other information for reimbursement as required by City policy. Prepared by: Dave Doyle, Assistant City Manager MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR FEBRUARY 1, 2005 CLOSED SESSION: 5:30 p.m., Room CC -8, SCAQMD/Government Center Building, 21825 Copley Drive, Diamond Bar, CA 91765 Government Code Section 54957 Public Employee Evaluation Title: City Manager STUDY SESSION: Mayor Chang called the City Council Study Session to order at 6:15 p.m. in Room CC -8 of the SCAQMD/Government Center Building, 21825 Copley Drive, Diamond Bar, CA 91765 Discussion of Ordinance No. 0X(2005) Adopting Development Code Amendment No. 2005-01 Regarding Diamond Bar Municipal Code Section 22.36 relating to the Substitution of Non -Commercial Messages for On - Site Signs. M/Chang adjourned the Study Session to the Regular Meeting at 6:30 p.m. CALL TO ORDER: Mayor Chang called the regular City Council meeting to order at 6:35 p.m. in The Government Center/SCAQMD Auditorium, 21865 Copley Dr., Diamond Bar, CA. PLEDGE OF ALLEGIANCE: C/Herrera led the Pledge of Allegiance. INVOCATION: Ahmad H. Sakr, PhD, Islamic Education Center gave the invocation. ROLL CALL: Council Members Herrera, Zirbes, Mayor Pro Tem O'Connor and Mayor Chang. Staff Present: Linda Lowry, City Manager; Michael Jenkins, City Attorney; James DeStefano, Assistant City Manager; David Doyle, Assistant City Manager and acting City Clerk; David Liu, Director of Public Works; Bob Rose, Community Services Director; Ken Desforges, Information Systems Director; Nancy Fong, Planning Manager; Marsha Roa, Public Information Coordinator; Linda Magnuson, Finance Director and Joan Chavez, Office Assistant II. APPROVAL OF AGENDA: As Presented. 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Introduced Ken DesForges, Information Systems Director. 1.2 Proclaimed February 4, 2005 as "Go Red for Women" Day. FEBRUARY 1, 2005 PAGE 2 CITY COUNCIL 1.3 Presentation by Deputy Wright on the Castle Rock Elementary School Tsunami Relief Effort. 1.4 Presentation by ACE — Brea Canyon Road Grade Separation Project. DPW/Liu introduced Rick Richman, Alameda Corridor East who explained that the project had been rescued in part by the MTA's advancement of funds in late 2004 permitting the reactivation of certain projects including the Brea Canyon Road Grade Separation Project. He introduced Girsh Roy, Project Manager. Girsh Roy explained the proposed Brea Canyon Road Grade Separation Project using overhead projections. He reported that the project extends from Spanish Lane on the north to about 480 feet south of Washington Street on the south with Union Pacific Railroad running over the traffic lanes. The completed roadway project will have three traffic lanes in each direction with left turn pockets at Washington Street and Currier Road and raised sidewalks on both sides of Brea Canyon Road as well as access to the Metrolink station from both sidewalks. The area will be landscaped and provide street lighting. Brea Canyon Road will be lowered under the UPRR tracks 26 feet from its present grade elevation; Currier Road will be lowered 13 feet from its present grade at Brea Canyon Road and Washington Street will be lowered about 12 feet from its present grade at Brea Canyon Road. The medians and side hill slope easements will be landscaped and the portion of the Metrolink Station taken for construction will be restored to its original condition upon completion of the project. During construction Brea Canyon Road will be closed and a "flyover" will be built to divert the train during the construction phase from Brea Canyon Road south at Washington Street into the Metrolink station allowing full access to Metrolink riders from Brea Canyon Road south. Traffic will be diverted via Fairway, Lemon and Grand north and south and Colima Road and Valley Blvd. east and west. The construction schedule is as follows: Advertise and Award June 2005 through September 2005; Notice to Proceed Fall 2005, Construction Fall 2005 through Fall 2007 and Brea Canyon Detour to commence early 2006 through mid 2007. The Caltrans ramp construction on Brea Canyon Road and Grand Avenue will be completed prior to the closure of Brea Canyon Road for the Separation Project. Mr. Richman stated that ACE would hold a community open house at Walnut Elementary School in March to advise the projects to residents living in the surrounding area and when actual construction commences ACE will keep the City and the residents aware of each phase of work. C/Zirbes recommended that ACE work closely with City staff to ensure minimal impact to residents and make to certain that truck traffic does not get off the freeway and onto Golden Springs Drive. Truck traffic should leave the freeway at Grand Avenue and head into the City of Industry or FEBRUARY 1, 2005 PAGE 3 CITY COUNCIL continue along the SR 60 and exit at Fairway to enter the City of Industry. Mr. Richman assured C/Zirbes that ACE had been working closely with staff and would continue to do so to provide the least amount of impact to D.B. residents as construction proceeds. C/Herrera thanked Mr. Richman and Mr. Roy for their presentation and asked that they provide staff with sufficient information for display on DBTV 3 well in advance of closures to minimize major impacts and enhance traffic flow. Mr. Richman assured C/Herrera that advance notice would be provided. In addition, the permitting approval process would assure advance notice to the City. M/Chang reiterated that Council would like for ACE to work closely with staff to ensure minimal traffic impacts. He said that the City would look forward to completion of the project. BUSINESS RECOGNITION: 1.5 Presented City Tile to Shelly Meade, owner of Meade/Farmer's Insurance Agency. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: CM/Lowry recommended that Council receive a full report on Consent Calendar Item 6.8. PM/Fong reported on the progress of the Neighborhood Improvement Program that was initiated in 2002 to establish priorities for Code Enforcement for the Neighborhood Improvement staff, refine administrative procedures and penalties for compliance and bring the City Prosecutor onboard to handle the anticipated caseload. In 2002, 7,199 investigations were conducted, 8,534 in 2003 and 10,417 in 2004. By 2004 the need for staff to issue courtesy citations declined due to increased community cooperation. The majority (approximately 45.7 percent) of the courtesy notices issued were directed toward debris and/or trash bins exposed within the front yard areas. Another 20.8 percent of the courtesy notices issued were for encroachment within the public streets and sidewalk areas. Other areas of investigation were "poor or no landscaping" within yards and illegal signs. Fong continued discussing other related programs that aided the Neighborhood Improvement Program included the Home Improvement Program. With the assistance of CDBG monies 11 projects were completed with expenditures in excess of $142,000. At this time, eight projects are in pre -construction phase, four in bid phase and two projects under construction with seven additional projects on the waiting list. Other programs that aided the Neighborhood Improvement Program include the Street Sweeping Program and the Graffiti Removal program. PM/Fong cited successful projects and explained how the program would continue on a proactive basis to ensure the continued improvement of residential properties in the City. FEBRUARY 1, 2005 PAGE 4 CITY COUNCIL C/Zirbes stated that in 2002 the program commenced on a proactive rather than reactive basis. He asked if statistics were available for 2000 and 2001 when the program was administered on a reactive basis. PM/Fong said that due to the record keeping practices in 2000 and 2001, it was difficult to compile statistics and make a comparison between the reactive period and the proactive period. C/Zirbes further stated that he and M/Chang had worked on the program for the past three years. At the beginning there were one and one-half Code Enforcement officers operating on a reactive basis. Many residents are happy with the improvements in their neighborhood, and while there continue to be blighted areas in the City, the success of the program in those areas is apparent. It is encouraging to note that during last year alone, staff members made 10,500 visits and wrote only 3,000 courtesy notices, a statistic that verifies community support for the program. He thanked staff and Council for their continued support of the program. M/Chang thanked residents for their assistance and cooperation with code enforcement and asked residents for their feedback. He asked citizens not to be alarmed about 10,000 investigations because most of the statistics fell into the category of "oversight." He said that the purpose of the program was to help keep D.B. a better place to live. Residents usually correct problems immediately and proper maintenance helps to create a friendlier neighborhood. 3. PUBLIC COMMENTS: None Offered. 4. RESPONSE TO PUBLIC COMMENTS: None 5. SCHEULE OF FUTURE EVENTS: As listed in the agenda and report by CM/Lowry. 6. CONSENT CALENDAR: C/Zirbes moved, C/Herrera seconded to approve the Consent Calendar as presented. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Herrera, Zirbes, MPT/O'Connor, M/Chang NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 6.1 CITY COUNCIL MINUTES 6.1.1 Study Session of January 18, 2005 — As Submitted. 6.1.2 Regular Meeting of January 18, 2005 — As Submitted. 6.2 RECEIVED AND FILED PLANNING COMMISSION MINUTES — Regular Meeting of December 14, 2004. 6.3 RECEIVED AND FILED TRAFFIC AND TRANSPORTATION COMMISSION MINUTES — Regular Meeting of November 9, 2004. FEBRUARY 1, 2005 PAGE 5 CITY COUNCIL 6.4 RATIFIED CHECK REGISTER — containing checks dated January 27, 2005 in a combined amount of $913,782.01. 6.5 RECEIVED AND FILED TREASURER'S STATEMENT — month of December 2004. 6.6 REJECTED CLAIM FOR DAMAGES — filed by Jesus S. Trinidad on January 14, 2005. 6.7 (a) ADOPTED RESOLUTION NO. 2005-09 ORDERING THE CITY ENGINEER TO PREPARE AND FILE A REPORT RELATED TO MAINTENANCE OF PUBLIC IMPROVEMENTS IN THE CITY OF DIAMOND BAR ASSESSMENT DISTRICT NO. 38 AND ANY ASSESSMENT THEREON FOR FY 2005-06. (b) ADOPTED RESOLUTION NO. 2005-10 ORDERING THE CITY ENGINEER TO PREPARE AND FILE A REPORT RELATED TO MAINTENANCE OF PUBLIC IMPROVEMENTS IN THE CITY OF DIAMOND BAR ASSESSMENT DISTRICT NO. 39 AND ANY ASSESSMENT THEREON FOR FY 2005-06. (c) ADOPTED RESOLUTION NO. 2005-11 ORDERING THE CITY ENGINEER TO PREPARE AND FILE A REPORT RELATED TO MAINTENANCE OF PUBLIC IMPROVEMENTS IN THE CITY OF DIAMOND BAR ASSESSMENT DISTRICT NO. 41 AND ANY ASSESSMENT THEREON FOR FY 2005-06. 6.8 RECEIVED NEIGHBORHOOD IMPROVEMENT PROGRAM AND HOME IMPROVEMENT PROGRAM STATUS REPORT. 6.9 ADOPTED RESOLUTION NO. 2005-12 APPROVING FY 2004-05 MUNICIPAL BUDGET AMENDMENT. 6.10 RATIFIED AN AWARD OF CONTRACT TO EROSION CONTROL SPECIALIST FOR EMERGENCY TEMPORARY STORM PROTECTION AND APPROPRIATIONS OF $43,500 FROM THE GENERAL FUND. 6.11 AWARDED CONSTRUCTION CONTRACT IN THE AMOUNT OF $269,327 PLUS 10% CONTINGENCY AMOUNT OF $26,932.70 FOR A TOTAL AUTHORIZATION OF $296,259.70 TO CS LEGACY CONSTRUCTION, INC. FOR CONSTRUCTION OF IMPROVEMENTS AT STARSHINE PARK, AND APPROVED AN ALLOCATION OF $92,521 OF PROP 40 FUNDS TO FULLY FUND THE PROJECT. 7. PUBLIC HEARINGS: 7.1 FIRST READING OF ORDINANCE NO. 02(2005 ADOPTING DEVELOPMENT CODE AMENDMENT NO. 2005-01 REGARDING FEBRUARY 1, 2005 PAGE 6 CITY COUNCIL DIAMOND BAR MUNICIPAL CODE SECTION 22.36 RELATING TO THE SUBSTITUTION OF NON-COMMERCIAL MESSAGES FOR ON-SITE SIGNS. PM/Fong reported that the proposed sign ordinance change is a result of advise from the City Attorney to add a substitution clause allowing a sign owner to substitute the commercial sign language with non-commercial message. Courts have stated that an ordinance cannot force a preference for commercial messages. The substitution clause must be in place to prevent the City being at risk for frivolous lawsuits that could invalidate the sign Ordinance in our Municipal Code. Upon review of the recommended change to the sign ordinance the Planning Commission recommended approval by a 3-1 vote. M/Chang opened the Public Hearing. With no one present who wished to speak on this item, M/Chang closed the Public Hearing. C/Zirbes said that he did not necessarily agree with the reason for the change but understood the need to change the sign ordinance in order to validate and protect the City's Sign Ordinance as recommended by the City Attorney. C/Zirbes moved, C/Herrera seconded, to approve First Reading of Ordinance 02(2005) adopting Development Code Amendment No. 2005- 01 regarding Diamond Bar Municipal Code Section 22.36 relating to the substitution of non-commercial messages for on-site signs. M/Chang stated that whether or not there was agreement with the substitution the City must protect itself by following the law. He encouraged every property owner to continue displaying proper signage containing verbiage that complied with the ordinance for safety purposes. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Herrera, Zirbes, MPT/O'Connor, M/Chang NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 8. COUNCIL CONSIDERATION: None 9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: MPT/O'Connor announced that at her request the Diamond Bar Community Foundation approved and established a Landslide Relief Fund at PFF Bank at Grand Ave. and D.B. Blvd. Mitigation is expected to cost about $600,000 and the cost for mitigation is borne by the residents. The $40,000 earlier approved by the FEBRUARY 1, 2005 PAGE 7 CITY COUNCIL City Council was for placement of sandbags and tarps to protect the hillsides and the affected property owners and the homeowners would reimburse the City for this advance payment at the appropriate time. Homeowners' policies do not provide coverage and therefore the homeowners are obligated to pay the entire amount for mitigation. Anyone wishing to help the homeowners should make their checks payable to the Diamond Bar Community Foundation, P.O. Box 4697, D.B. 91765 and designate the donation to the "Landslide Relief Fund." Two organizations have donated over $1,000 to the fund. MPT/O'Connor announced that March is Girl Scout Cookie sales month and she asked residents to please support the Girl Scouts in their effort. C/Herrera remarked on the value of grade separation projects such as the Brea Canyon Road project, especially in light of the recent and terrible train wreck. Although the project was contemplated to last for two years it would bring a substantial increase in safety, improved air quality and vehicular movement. Truck congestion delays traffic and increases air pollution. The grade separation will increase the number of trains that can move goods from the ports and thereby dramatically reduce the number of trucks on the freeways. D.B. residents have dealt with a lot of inconvenience as a result of the current SR57/60 project. The project is ahead of schedule and should conclude the summer of 2006. It is unfortunate that the two projects collide but completion of both will result in tremendous improvements for the area. C/Herrera stated that she serves on the T.J. Pendergast Parole Museum Board. The museum is dedicated to honoring parole officers in the State Department of Corrections. She announced that the museum will unveil a new exhibit on February 15 highlighting women in parole. She invited everyone to attend the unveiling from 12 noon to 3:00 p.m. at 21015 Pathfinder Road, Suite 200. Sadly, the husband of Walnut School Board member Helen Hall passed away last week, and she asked that tonight's meeting be adjourned in memory of Bill Hall. C/Zirbes said that it had been a busy month for the City Council. Last year the Library Task Force met and promised to reconvene after hearing from the State about the library grant funds so a meeting was set for March 8 at 6:30 p.m. at the SCAQMD. The task force will focus on what can be done to improve the current facility in the short term while generating ideas for a new facility adjacent to the Diamond Bar Center in the longer term. The meeting is open and the public is welcome to submit their ideas. The library has begun implementing some of the task force recommendations and an update will be provided at the March 8 meeting. He spoke about attending the Windmill dedication at the Ralphs Center at Grand Ave and D.B. Blvd, a monument to D.B.'s history. During his tenure on the D.B.I.A. he joined in a project to work with the property owner to get the windmill operating. Last Saturday the D.B. Breakfast Lions and the D.B. Historical Society placed a dedication plaque at the site and spoke to the history of the windmill. He asked staff to provide a report to Council to determine whether the site could be declared an historical landmark to preserve it in perpetuity. He thanked the Lions and the Historical Society for bringing the site and its history to the attention of the residents. M/Chang agreed with C/Zirbes that the windmill should be declared an historical FEBRUARY 1, 2005 PAGE 8 CITY COUNCIL landmark and he felt that it should be moved to the Diamond Bar Center site. He thanked Mike Shay for hosting the college preparatory seminar at the D.B.H.S. Theater two weeks ago, and said he was pleased to receive a thank you letter from the winner of his scholarship endowment. He said he looked forward to joining with other task force members to find a way to build a new library. He spoke about Partners in Education led by Dr. Ortiz, President of CalPoly Pomona and Dr. Bissell, the Dean of Education. The organization partners large organizations with the college with emphasis on helping students with their after school programs. Anyone who is interested in participating could contact him or CalPoly. M/Chang stated that for those who celebrate the event he wished them a very, very happy Lunar New Year and invited everyone to attend the February 12 celebration at D.B.H.S. beginning at 9:30 a.m. 10. ADJOURNMENT: With no further business to conduct, M/Chang adjourned the meeting at 7:45 p.m. in memory of Bill Hall. LINDA C. LOWRY, CITY CLERK The foregoing minutes are hereby approved this day of 2004. WEN CHANG, MAYOR CITY OF DIAMOND BAR CITY COUNCIL STUDY SESSION FEBRUARY 1, 2005 STUDY SESSION: Mayor Chang called the Study Session to order at 6:15 p.m. in Room CC -8 of the South Coast Air Quality Management District/Government Center, 21865 Copley Dr., Diamond Bar, CA. Present: Council Members Herrera, Zirbes, Mayor Pro Tem O'Connor and Mayor Chang. Staff Present: Linda Lowry, City Manager; Michael Jenkins, City Attorney; David Doyle, Assistant City Manager and Acting City Clerk; David Liu, Director of Public Works; Bob Rose, Community Services Director; Nancy Fong, Planning Manager. Discussion of Ordinance No. 0X(2005) Adopting Development Code Amendment No. 2005-01 Regarding Diamond Bar Municipal Code Section 22.36 relating to the Substitution of the Substitution of Non -Commercial Messages for On -Site Signs. PM/Fong reported that the substitution clause allows the sign owner to substitute the commercial with a non-commercial message. For example, Joe's Sandwich Shop may be replaced with a non-commercial message like "Vote for Bush" or "Jesus Saves." The City needs to have the substitution clause in place so that it is not subject to frivolous lawsuits that could invalidate its code. At a recent meeting, the Planning Commission, upon review of the sign ordinance, voted 3-1 to recommend approval. CA/Jenkins explained that he expected that adoption of the ordinance would not change the landscape and would simply add a clause to the Municipal Code that would afford the City legal protection in the event of a legal challenge to the Sign Ordinance. CA/Jenkins responded to MPT/O'Connor's question about whether 100 percent of a sign could be in a foreign language that the Ordinance requires some of the lettering to be in English in order to provide notification of the nature of the business and the address of the business for public safety reasons. MPT/O'Connor said that if a business owner chose to put "Peace on Earth" it would not provide the name or nature of the business and would not lend itself to the public safety concerns. CA/Jenkins believed that the ordinance provided certain basic information to be in English remained valid and met the public safety issue. He also believed that the current ordinance was defensible and enforceable on public safety grounds. PM/Fong said that some of the older signs might not be up to code and as the business owners come to the City to renew their signs they are instructed to add the address to their monument signs. FEBRUARY 1, 2005 PAGE 2 CC STUDY SESSION Public Comments: None Offered ADJOURNMENT: With no further business to come before the City Council, M/Chang adjourned the Study Session at 6:30 p.m. Linda C. Lowry, City Clerk The foregoing minutes are hereby approved this WEN CHANG, Mayor day of , 2004. Agenda # Meeting Date: 2/15/05 CITY COUNCIL\ AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager TITLE: AUTHORIZATION FOR D&J MUNICIPAL SERVICES TO PERFORM INSPECTION AND PLAN CHECK SERVICES FOR THE STARSHINE PARK IMPROVEMENT PROJECT IN THE NOT—TO-EXCEED AMOUNT OF $7,500. RECOMMENDATION: Authorize plan check and inspection services. FINANCIAL IMPACT: There are sufficient funds in the 2004/05 FY budget for these expenses. DISCUSSION: The City currently contracts with D&J Municipal Services to provide inspection and plan check services for the City of Diamond Bar. These services are necessary to complete the Starshine Park Improvement Project. Attached is the proposal from D&J Municipal Services outlining the services they will provide and the associated costs. Cost Summary is as follows: Attachment: REVIEWED BY: Plan Check $1,500 Construction Inspection Services 6,000 Total $7,500 Proposal from D&J Municipal Services Bob Rose Community Services Director James DeStefano Assistant City Manager CHAPTER 2.20. PERSONNEL Sec. 2.20.010. Adoption of system. In order to establish an equitable and uniform system for dealing with personnel matters; and to Gernpl i with apnliGable laws relating to the administration of the adoptees to attract to municipal service the best and most competent persons available; and to assure that appointments and promotions of employees will be based on merit; the following personnel system is adopted. Sec. 2.20.020. Definitions. The terms used to administer the personnel system shall be defined in the personnel rules.. and regulations. Sec. 2.20.030. Administration. The ECity nWanager shall administer the city personnel system and may delegate any or all of the powers and duties Gonferreyd i Alen him to a personnel e#+Eer of such administration to any other officer or employee of the city or may recommend that such powers and duties be performed under contract as provided in section 2.20.43060. The oCity mManager shall: (1) Act as the appointing authority for the city; (2) Administer all the provisions of this chapter and of the personnel rules and regulations not specifically reserved to the City Council; {3} Prepare and renornrnenyd to the Gity Ge moil personnel rules and revisions and amendments to SUGh rules; or cause to be prepared personnel rules and regulations and revisions. The City Attorney shall approve the legality of such rules and regulations prior to submission to the City Council for approval; (4) Prepare or gai Ise to he prepared a positron nlassifination plan innli rding Glass spenifinations and revisions of the plan; Recommend to the City Council personnel policy issues involving financial commitments such as, but not limited to, pay rates, authorization of positions, and employee benefit programs; fel Have the ai ithnrity to ydisginline employees in angnrydanGe with this ghapter and the personnel rules of the „it„; and Prepare or cause to be prepared a position classification plan, including class specifications, and revisions of the plan; �7 Provide for the publishing or posting of notines of tests fpr+p�.o,.sitions in the etiti�i� eNGe�reGeiying of appliGati�trhrerefforr; the `�r'cenduGting and grayling of tests; the nertifination of a list of all persons eligible fpr appointment to ropriatetion in the GOMpetiti�i� e�Virend performing any other duty that may he required to administer the personnel s„stern. Prepare or cause to be prepared a plan of compensation, and revisions of such plan, covering all classification titles for authorized city positions. The plan and any revisions of the plan shall become effective upon approval of the City Council; (7) Have the authority to discipline employees in accordance with the personnel rules and regulations of the city; (8) Have the authority to terminate the employment relationship of an employee employed at -will without cause or right to appeal, at any time; (9) Provide for the recruitment and selection of city employees based upon open or promotional recruitments and; (10) Perform any other duty that may be required to administer the personnel system. Sec. 2.20.040. Competitive service. The provisions of this chapter shall apply to all offices, positions and employments in the service of the city, except: (1) Elective officers; (2) The ECity nWanager and any assistants to the ECity nWanager; (3) The ECity aAttorney and any assistants or deputies of the eCity aAttorney. (4) Members of appointive boards, commissions, and committees; (5) All department heads and other management positions so designated by the City Manager; (6) Persons engaged under contract to supply expert, professional, technical, or any other services; (7) Volunteer personnel, s, Gh as volunteer firefighters; who receive no regular compensation from the city; (8) All council -appointed city officers; (9) Emergency employees who are hired to meet the immediate requirements of an emergency condition, such as extraordinary fire, flood, or earthquake which threatens life or property; 40) Employees, other than these listed elsewhere in this con+inn who are not regularly empley in P-ermanen psi The expression "rem ilarl '�c'Tur'���rrprvY rPv�rti�s��c-c�cP'tiT`'Tvr'�c9z'Turry- employerd in permanent poli+ions° means an employee hired for an indefinite term into a budgeted position, who is regularly snhedi ilerJ to work less than 1,040 hours per year, and has si innessf illy nompleted the prima' eried and been retained, provided inthisGhapter�d the personnel rules; (11) Seasonal part time employees are employees who work on a seasonal or partial year basis, but not more than 1,000 hours per fiscal year; (12) Intermittent part time employees are employees who work an average of 191/2 hours or less and no more than 1,000 hours per fiscal year; (13) Part time employees working 20 hours or more per week hired after February 15, 2005. /14 \ Any position primarily funded under a state or federal empleymen+ Any other position exempted to the pity not innil by resolution. Any new position created by the City Council, unless declared by the City Council to be in the competitive service at the time of creation or thereafter; (15) Employees not included in the competitive service under this section shall serve at the pleasure will of the appointing authority and either the employee or the city may terminate the employment relationship without cause or right to appeal, at any time. Sec. 2.20.050. Adoption and amendment of rules and regulations. Personnel rules and regulations shall be adopted by resolution of the eCity 2 eCouncil. The rules may establish rani ilatining the personnel system 0n^l g: These rules and regulations shall govern the personnel system including, but not limited to: (1) Preparation, installation, revision, and maintenance of a position classification plan covering all positions in the competitive service, including employment standards and qualifications for each class; Appropriate a nGe�T seleG ien�prn� and anncptanne of ttit�CT c�crurrcracc cuiTcc-vr applinatinns for employment; Preparation, revision, and administration of a plan of compensation directly correlated with the position classification plan providing a rate or range of pay for each class; Preparation and nnnrdi int of tests and the establishment and use of resulting employment lists nnntainipg names of persons eligible for appointment; Open and promotional recruitments to fill regular positions; (4) Gertifioation and appointment of persons from employment lists, andanthe making of provisional appeintrnent-,, The making of temporary and emergency appointments; (5) Establishment of probationary testing periods; ($1 Evaluation of ernpleyees during the probationary testing peried and�� '�� �thereafter; Transfer, promotion, demotion, discipline, and reinstatement of employees; q4Transfer, promotion, rdemntinn0 reinstatement, rJ diSGiplinary sention an \,' layoff of empin„ees On the Gernppettiye seryine; Evaluation of the job performance of employees; (8) Separation of employees from the city service; fel The establishment and maintenanne of adequate personnel reGGrrds fpr purposes of annni inting and legal requirements; and Content, maintenance, and use of personnel records and forms; and (10) The establishment of any necessary appeal procedures. f_Ai-a Van.... . .....- personneln @GGord@nGe with the Appointments shall be based on merit and fitness to be aSGertained so far as praGtiGable by Gerand the seleGtien of quallfied npetitive examination. Examinations may be used and GenduGted to personalaGhievement and aptitude tests, written tests, .-samples The probationary peried shall be Gensidered an extension of the examinationgiven as a part of any examonation-.- O&A in any .._ 3 ..111 11 A I. .. . . ohm /h\ All appeals shall be pronessed in aGGGrrdanne with the requirements and nrOGed ares as cot forth in the personnel rules adopted pursuant to this o her Sec. 2.20.060. Contracts for special service. The eCity nWanager shall consider and make renommendations to the rit„ Sean decisions regarding the extent to which the city should contract for the performance of technical services in connection with the establishment or operation of the personnel system. The City Manager and/or ECity ECouncil may contract with any qualified person or public or private agency for the performance of all or any of the following responsibilities and duties imposed by this chapter: The preparation of personnel rules and subsequent revisions and amendments thereof; N w . _.N.M.N. _ r 0 - . im Sec. 2.20.070. Discrimination. No person employed by the City of Diamond Bar or seeking employment with the city, shall be discriminated against in recruitment, examination, appointment, training, promotion, retention, discipline, or any other aspect of personnel administration because of race, color, religion, national origin, ancestry, marital status, sex, age, physical or mental disability, sexual orientation, political or religious opinions or affiliations, union activities or affiliations, taking of FMLA or pregnancy disability leave, religious creed, medical condition, or any other characteristic protected by law. Section 2. Severability: The City Council declares that, should any provision, section, paragraph, sentence, or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, and words of this Ordinance shall remain in full force and effect. 5 CITY COUNCIL TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager Agenda # Meeting Date: February 15,_2005 AGENDA REPORT TITLE: Introduction of Ordinance XX(2005) establishing a personnel system and rescinding Ordinance No. 21 (1989) in its entirety RECOMMENDATION: It is recommended that the City Council introduce Ordinance No. XX (2005) by title only and waive further reading. FINANCIAL IMPACT: None. BACKGROUND: In August 1989 the City Council approved Ordinance 21 (1989) which provided for the establishment of a personnel system. Since that time, there has been no review or modifications made to ensure compliance with recent changes in employment law. DISCUSSION: The attached ordinance more clearly delineates the processes and procedures for administering the personnel system and the adoption and amendments to the Personnel Rules and Regulations. Additionally, a non discrimination provision, which is in compliance with state and federal law, is included. The detailed sections such as, Probationary Period; Status of Employees; Right of Appeal; Layoff and Reemployment; Political Activity; and Abolishment of Position have been eliminated and will be addressed in the City's Personnel Rules and Regulations. Personnel Rules and Regulations are not required to be duplicated in the Municipal Code. Revisions to the City's Personnel Rules and Regulations will be presented to the City Council at a future meeting. Ordinance No. XX 2005 and a copy of Ordinance No. 21 (1989) with changes in highlighted text indicating the additions and strikethrough text indicating deletions are attached. Kim Crews REVIEWED BY: David Doyle Senior Management Analyst Assistant City Manager Attachments: Ordinance No. XX (2005) Ordinance No. 21 (1989) with highlights and strikethroughs ORDINANCE NO. (2005) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING A PERSONNEL SYSTEM The City Council of the City of Diamond Bar does ordain as follows: Section 1. Rescind Ordinance No. 21 (1989) in its entirety. Section 2. Sections 2.20.010 through 2.20.070 of Chapter 2, Administration and Personnel shall read as follows: Sec. 2.20.010. Adoption of System. In order to establish an equitable and uniform system for dealing with personnel matters; to attract to municipal service the best and most competent persons available; to assure that appointments and promotions of employees will be based on the merit; the following personnel system is adopted. Sec. 2.20.020. Definitions. The terms used to administer the personnel system shall be defined in the personnel rules and regulations. Sec. 2.20.030. Administration. The City Manager shall administer the city personnel system and may delegate any or all of the powers and duties of such administration to any other officer or employee of the city or may recommend that such powers and duties be performed under contract as provided in section 2.20.060. The City Manager shall: (1) Act as the appointing authority for the city; (2) Administer all the provisions of this chapter and of the personnel rules and regulations not specifically reserved to the City Council; (3) Prepare or cause to be prepared personnel rules and regulations and revisions. The City Attorney shall approve the legality of such rules and regulations prior to submission to the City Council for approval; (4) Recommend to the City Council personnel policy issues involving financial commitments such as, but not limited to, pay rates, authorization of positions and employee benefit programs; (5) Prepare or cause to be prepared a position classification plan, including class specifications, and revisions of the plan; (6) Prepare or cause to be prepared a plan of compensation, and revisions of such plan, covering all classification titles for authorized city positions. The plan and any revisions of the plan shall become effective upon approval of the City Council; (7) Have the authority to discipline employees in accordance with this chapter and the personnel rules and regulations of the city; (8) Have the authority to terminate the employment relationship of an employee employed at - will without cause or right to appeal, at any time; (9) Provide for the recruitment and selection of city employees based upon open or promotional recruitments and; (10)Perform any other duty that may be required to administer the personnel system. Sec. 2.20.040. Competitive service. The provisions of this chapter shall apply to all offices, positions, and employments in the service of the city, except: (1) Elective officers; (2) The City Manager and any assistants or deputies to the City Manager; (3) The City Attorney and any assistants or deputies of the City Attorney; (4) Members of appointive boards, commissions, and committees; (5) Department heads and other management positions so designated by the City Manager; (6) Persons engaged under contract to supply expert, professional, technical or any other services for a definite period of time; (7) Volunteer personnel, who receive no regular compensation from the city; (8) All council -appointed city officers; (9) Emergency employees who are hired to meet the immediate requirements of an emergency condition, such as extraordinary fire, flood, or earthquake which threatens life or property; (10) Employees hired for an indefinite term into a budgeted position to work less than 1,040 hours per year; (11) Seasonal part time employees are employees who work on a seasonal or partial year basis, but not more than 1,000 hours per fiscal year; (12) Intermittent part time employees are employees who work an average of 19'/2 hours or less and no more than 1,000 hours per fiscal year; (13) Part time employees working 20 hours or more per week, hired after February 15, 2005. (14) Any new position created by the City Council, unless declared by the City Council to be in the competitive service at the time of creation or thereafter. (15) Employees not included in the competitive service under this section shall serve at the will of their appointing authority and either the employee or city may terminate the employment relationship without cause or right to appeal, at any time. Sec. 2.20.050. Adoption and Amendment of Rules and Regulations. Personnel rules and regulations shall be adopted by resolution of the City Council. These rules and regulations shall govern the personnel system including, but not limited to: (1) Preparation, installation, revision, and maintenance of a position classification plan covering all positions in the competitive service including employment standards and qualifications for each class; (2) Preparation, revision, and administration of a plan of compensation directly correlated with the position classification plan providing a rate or range of pay for each class; (3) Open and promotional recruitments to fill regular positions; (4) The making of temporary and emergency appointments; (5) Establishment of probationary testing periods; (6) Transfer, promotion, demotion, discipline, and reinstatement of employees; (7) Evaluation of the job performance of employees; (8) Separation of employees from the city service; (9) Content, maintenance, and use of personnel records and forms; and (10)The establishment of any necessary appeal procedures. Sec. 2.20.060. Contracts for special service. The City Manager shall consider and make decisions regarding the extent to which the city should contract for the performance of technical services in connection with the establishment or operation of the personnel system. The City Manager and/or City Council may contract with any qualified person or public or private agency for the performance of all or any of the responsibilities and duties imposed by this chapter. Sec. 2.20.070. Discrimination. No person employed by the City of Diamond Bar or seeking employment with the city, shall be discriminated against in recruitment, examination, appointment, training, promotion, retention, discipline, or any other aspect of personnel administration because of race, color, religion, national origin, ancestry, marital status, sex, age, physical or mental disability, sexual orientation, political or religious opinions or affiliations, union activities or affiliations, taking of FMLA or pregnancy disability leave, religious creed, medical condition, or any other characteristic protected by law. Section 3. Severability: The City Council declares that, should any provision, section, paragraph, sentence, or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, and words of this Ordinance shall remain in full force and effect. APPROVED AND ADOPTED this day of , 2005. Mayor I, LINDA C. LOWRY, 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 , 2005, and was finally adopted at a regular meeting of the City Council of the City of Diamond Bar on the day of 2005, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Linda C. Lowry, City Clerk City of Diamond Bar STUDY SESSION ITEMS FOR FEBRUARY 15, 2005 5:00 PM - AQMD/GOVERNMENT CENTER ROOM CC -8 Item 1 Prioritize Federal Appropriation Requests Material for this item will be distributed at the meeting. Item 2 Discussion of video media program proposal from MBI Media Material for his item can be found under Agenda Item No. 6.7 Item 3 Discussion of Sheriff Contract Changes/Increases Verbal presentation by the City Manager at the meeting Agenda # Meeting Date: Feb. 15, 2005 TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager TITLE: Appropriate $140,000 of General Fund, Fund Balance Reserve Restricted from the Previous Sale of Prop A Funds, to the Capital Improvement Projects budget for FY 2004-05 for construction of a new Traffic Signal at Diamond Bar Boulevard and Maple Hill Road. RECOMMENDATION: Approve and authorize. FINANCIAL IMPACT: Prop C fund expenditure was anticipated and programmed as part of the FY 2004-05 budget. In September 2004, the Metropolitan Transportation Authority (MTA) denied the Prop C funding request for new traffic signals due to new interpretations of the Fund Guidelines. Since that time, staff had attempted to persuade MTA to fund the project, but with no success. As a result, appropriation of $140,000 from the previous sale of Prop A funds (approved by City Council on October 21, 2003 and August 3, 2004) is recommended for the installation of these traffic signals. Prop A funds were sold in 2003 to the City of Claremont and 2004 to the City of Industry and the proceeds were deposited in the General Fund for a total amount of $550,250. The funds were reserved for future traffic improvements/studies. Previously, monies from the sale of Prop A funds have been allocated for: • $100,000 Neighborhood Traffic Management Program • $30,000 Speed Hump Installation • $50,000 SR -57/60 Feasibility Study • $15,000 Driver Feedback Signs • $7,000 Design of Diamond Bar BI./Maple Hill Rd. Traffic Signal • $200,000 Illuminated Street Name Signs As of this date, $402,000 has been allocated and encumbered for the FY 2004-05 budget for various traffic improvement projects. The remaining unencumbered balance from the sale of Prop A funds is $148,250. When approved by the City Council, the $140,000 appropriation would therefore be made from the General Fund, leaving an unallocated balance of $8,250. BACKGROUND/ DISCUSSION: In the City of Diamond Bar, access out of the residential neighborhoods is a concern to the residents and has a major influence on the livability of our neighborhoods. A traffic signal warrant analysis was performed in March 2004 on nine (9) intersections throughout the City. The intersection of Diamond Bar Boulevard at Maple Hill Road was ranked number one on the warranted intersection list. Maple Hill Road is located between the signalized intersections of Diamond Bar Boulevard at Mountain Laurel Way and at Kiowa Crest Drive. With both Maple Hill Elementary School and Chaparral Middle School in close proximity, traffic along Mountain Laurel Way is most often congested during school drop off and pick up hours and long queues are frequently observed. Added to the school traffic are the residents from the surrounding neighborhoods trying to access Diamond Bar Boulevard. The volume of traffic on Diamond Bar Boulevard prohibits orderly access. While improving traffic conditions at the intersection of Diamond Bar Boulevard and Maple Hill Road, the new signals will also improve the overall traffic circulation in the surrounding areas. An analysis of the level of service at Diamond Bar Boulevard and Mountain Laurel Way indicates that the overall intersection delay can be reduced by 25% during the morning peak hours by installing a traffic signal at the adjacent intersection of Diamond Bar Boulevard and Maple Hill Road. In November 2004, the design of the Diamond Bar Boulevard/Maple Hill Road traffic signal began. Plans and specs will be completed shortly and will go out to bid by March along with four other intersections. Traffic signal modifications for these locations are: Diamond Bar Boulevard/Cold Spring Lane, Diamond Bar Boulevard/Sunset Crossing Road, and Diamond Bar Boulevard/Northbound SR -57; and one full intersection signalization at Pathfinder Road/Peaceful Hills Road. PREPARED BY: DATE PREPARED: February 7, 2005 Sharon Gomez, Senior Management Analyst REVIEWED BY: David G. Liu, Director of Public Works Jim DeStefano, Assistant City Manager 2 CHAPTER 2.20. PERSONNEL Sec. 2.20.010. Adoption of system. In order to establish an equitable and uniform system for dealing with personnel matters; and to Gernpl i with apnliGable laws relating to the administration of the adoptees to attract to municipal service the best and most competent persons available; and to assure that appointments and promotions of employees will be based on merit; the following personnel system is adopted. Sec. 2.20.020. Definitions. The terms used to administer the personnel system shall be defined in the personnel rules.. and regulations. Sec. 2.20.030. Administration. The ECity nWanager shall administer the city personnel system and may delegate any or all of the powers and duties Gonferreyd i Alen him to a personnel e#+Eer of such administration to any other officer or employee of the city or may recommend that such powers and duties be performed under contract as provided in section 2.20.43060. The oCity mManager shall: (1) Act as the appointing authority for the city; (2) Administer all the provisions of this chapter and of the personnel rules and regulations not specifically reserved to the City Council; {3} Prepare and renornrnenyd to the Gity Ge moil personnel rules and revisions and amendments to SUGh rules; or cause to be prepared personnel rules and regulations and revisions. The City Attorney shall approve the legality of such rules and regulations prior to submission to the City Council for approval; (4) Prepare or gai Ise to he prepared a positron nlassifination plan innli rding Glass spenifinations and revisions of the plan; Recommend to the City Council personnel policy issues involving financial commitments such as, but not limited to, pay rates, authorization of positions, and employee benefit programs; fel Have the ai ithnrity to ydisginline employees in angnrydanGe with this ghapter and the personnel rules of the „it„; and Prepare or cause to be prepared a position classification plan, including class specifications, and revisions of the plan; �7 Provide for the publishing or posting of notines of tests fpr positions in the etiti�i� e��Gethe reGeiying of appliGati�theroforrthe end iGtin and grayling of tests; the nertifination of a list of all persons eligible fpr a-pppr'ointment-tomthe ropriate�tio�rthe Gmppetti�i� e�Vire�d performing any other duty that may he required to administer the personnel s„stern. Prepare or cause to be prepared a plan of compensation, and revisions of such plan, covering all classification titles for authorized city positions. The plan and any revisions of the plan shall become effective upon approval of the City Council; (7) Have the authority to discipline employees in accordance with the personnel rules and regulations of the city; (8) Have the authority to terminate the employment relationship of an employee employed at -will without cause or right to appeal, at any time; (9) Provide for the recruitment and selection of city employees based upon open or promotional recruitments and; (10) Perform any other duty that may be required to administer the personnel system. Sec. 2.20.040. Competitive service. The provisions of this chapter shall apply to all offices, positions and employments in the service of the city, except: (1) Elective officers; (2) The ECity nWanager and any assistants to the ECity nWanager; (3) The ECity aAttorney and any assistants or deputies of the eCity aAttorney. (4) Members of appointive boards, commissions, and committees; (5) All department heads and other management positions so designated by the City Manager; (6) Persons engaged under contract to supply expert, professional, technical, or any other services; (7) Volunteer personnel, s, Gh as volunteer firefighters; who receive no regular compensation from the city; (8) All council -appointed city officers; (9) Emergency employees who are hired to meet the immediate requirements of an emergency condition, such as extraordinary fire, flood, or earthquake which threatens life or property; 40) Employees, other than these listed elsewhere in this con+inn who are not regularly empley in P-ermanen psi The expression "rem ilarl '�c'Tur'���rrprvY rPv�rti�s��c-c�cP'tiT`'Tvr'�c9z'Turry- employerd in permanent poli+ions° means an employee hired for an indefinite term into a budgeted position, who is regularly snhedi ilerJ to work less than 1,040 hours per year, and has si innessf illy nompleted the prima' eried and been retained, provided inthisGhapter�d the personnel rules; (11) Seasonal part time employees are employees who work on a seasonal or partial year basis, but not more than 1,000 hours per fiscal year; (12) Intermittent part time employees are employees who work an average of 191/2 hours or less and no more than 1,000 hours per fiscal year; (13) Part time employees working 20 hours or more per week hired after February 15, 2005. /14 \ Any position primarily funded under a state or federal empleymen+ Any other position exempted to the pity not innil by resolution. Any new position created by the City Council, unless declared by the City Council to be in the competitive service at the time of creation or thereafter; (15) Employees not included in the competitive service under this section shall serve at the pleasure will of the appointing authority and either the employee or the city may terminate the employment relationship without cause or right to appeal, at any time. Sec. 2.20.050. Adoption and amendment of rules and regulations. Personnel rules and regulations shall be adopted by resolution of the eCity 2 eCouncil. The rules may establish rani ilatining the personnel system 0n^l g: These rules and regulations shall govern the personnel system including, but not limited to: (1) Preparation, installation, revision, and maintenance of a position classification plan covering all positions in the competitive service, including employment standards and qualifications for each class; Appropriate a nGe�T seleG ien�prn� and anncptanne of ttit�CT c�crurrcracc cuiTcc-vr applinatinns for employment; Preparation, revision, and administration of a plan of compensation directly correlated with the position classification plan providing a rate or range of pay for each class; Preparation and nnnrdi int of tests and the establishment and use of resulting employment lists nnntainipg names of persons eligible for appointment; Open and promotional recruitments to fill regular positions; (4) Gertifioation and appointment of persons from employment lists, andanthe making of provisional appeintrnent-,, The making of temporary and emergency appointments; (5) Establishment of probationary testing periods; ($1 Evaluation of ernpleyees during the probationary testing peried and�� '�� �thereafter; Transfer, promotion, demotion, discipline, and reinstatement of employees; q4Transfer, promotion, rdemntinn0 reinstatement, rJ diSGiplinary sention an \,' layoff of empin„ees On the Gernppettiye seryine; Evaluation of the job performance of employees; (8) Separation of employees from the city service; fel The establishment and maintenanne of adequate personnel reGGrrds fpr purposes of annni inting and legal requirements; and Content, maintenance, and use of personnel records and forms; and (10) The establishment of any necessary appeal procedures. f_Ai-a Van.... . .....- personneln @GGord@nGe with the Appointments shall be based on merit and fitness to be aSGertained so far as praGtiGable by Gerand the seleGtien of quallfied npetitive examination. Examinations may be used and GenduGted to personalaGhievement and aptitude tests, written tests, .-samples The probationary peried shall be Gensidered an extension of the examinationgiven as a part of any examonation-.- O&A in any .._ 3 ..111 11 A I. .. . . ohm /h\ All appeals shall be pronessed in aGGGrrdanne with the requirements and nrOGed ares as cot forth in the personnel rules adopted pursuant to this o her Sec. 2.20.060. Contracts for special service. The eCity nWanager shall consider and make renommendations to the rit„ Sean decisions regarding the extent to which the city should contract for the performance of technical services in connection with the establishment or operation of the personnel system. The City Manager and/or ECity ECouncil may contract with any qualified person or public or private agency for the performance of all or any of the following responsibilities and duties imposed by this chapter: The preparation of personnel rules and subsequent revisions and amendments thereof; N w . _.N.M.N. _ r 0 - . im Sec. 2.20.070. Discrimination. No person employed by the City of Diamond Bar or seeking employment with the city, shall be discriminated against in recruitment, examination, appointment, training, promotion, retention, discipline, or any other aspect of personnel administration because of race, color, religion, national origin, ancestry, marital status, sex, age, physical or mental disability, sexual orientation, political or religious opinions or affiliations, union activities or affiliations, taking of FMLA or pregnancy disability leave, religious creed, medical condition, or any other characteristic protected by law. Section 2. Severability: The City Council declares that, should any provision, section, paragraph, sentence, or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, and words of this Ordinance shall remain in full force and effect. 5 STUDY SESSION ITEMS FOR FEBRUARY 15, 2005 5:00 PM - AQMD/GOVERNMENT CENTER ROOM CC -8 Item 1 Prioritize Federal Appropriation Requests Material for this item will be distributed at the meeting. Item 2 Discussion of video media program proposal from MBI Media Material for his item can be found under Agenda Item No. 6.7 Item 3 Discussion of Sheriff Contract Changes/Increases Verbal presentation by the City Manager at the meeting Agenda # Meeting Date: Feb. 15, 2005 TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager TITLE: Appropriate $140,000 of General Fund, Fund Balance Reserve Restricted from the Previous Sale of Prop A Funds, to the Capital Improvement Projects budget for FY 2004-05 for construction of a new Traffic Signal at Diamond Bar Boulevard and Maple Hill Road. RECOMMENDATION: Approve and authorize. FINANCIAL IMPACT: Prop C fund expenditure was anticipated and programmed as part of the FY 2004-05 budget. In September 2004, the Metropolitan Transportation Authority (MTA) denied the Prop C funding request for new traffic signals due to new interpretations of the Fund Guidelines. Since that time, staff had attempted to persuade MTA to fund the project, but with no success. As a result, appropriation of $140,000 from the previous sale of Prop A funds (approved by City Council on October 21, 2003 and August 3, 2004) is recommended for the installation of these traffic signals. Prop A funds were sold in 2003 to the City of Claremont and 2004 to the City of Industry and the proceeds were deposited in the General Fund for a total amount of $550,250. The funds were reserved for future traffic improvements/studies. Previously, monies from the sale of Prop A funds have been allocated for: • $100,000 Neighborhood Traffic Management Program • $30,000 Speed Hump Installation • $50,000 SR -57/60 Feasibility Study • $15,000 Driver Feedback Signs • $7,000 Design of Diamond Bar BI./Maple Hill Rd. Traffic Signal • $200,000 Illuminated Street Name Signs As of this date, $402,000 has been allocated and encumbered for the FY 2004-05 budget for various traffic improvement projects. The remaining unencumbered balance from the sale of Prop A funds is $148,250. When approved by the City Council, the $140,000 appropriation would therefore be made from the General Fund, leaving an unallocated balance of $8,250. BACKGROUND/ DISCUSSION: In the City of Diamond Bar, access out of the residential neighborhoods is a concern to the residents and has a major influence on the livability of our neighborhoods. A traffic signal warrant analysis was performed in March 2004 on nine (9) intersections throughout the City. The intersection of Diamond Bar Boulevard at Maple Hill Road was ranked number one on the warranted intersection list. Maple Hill Road is located between the signalized intersections of Diamond Bar Boulevard at Mountain Laurel Way and at Kiowa Crest Drive. With both Maple Hill Elementary School and Chaparral Middle School in close proximity, traffic along Mountain Laurel Way is most often congested during school drop off and pick up hours and long queues are frequently observed. Added to the school traffic are the residents from the surrounding neighborhoods trying to access Diamond Bar Boulevard. The volume of traffic on Diamond Bar Boulevard prohibits orderly access. While improving traffic conditions at the intersection of Diamond Bar Boulevard and Maple Hill Road, the new signals will also improve the overall traffic circulation in the surrounding areas. An analysis of the level of service at Diamond Bar Boulevard and Mountain Laurel Way indicates that the overall intersection delay can be reduced by 25% during the morning peak hours by installing a traffic signal at the adjacent intersection of Diamond Bar Boulevard and Maple Hill Road. In November 2004, the design of the Diamond Bar Boulevard/Maple Hill Road traffic signal began. Plans and specs will be completed shortly and will go out to bid by March along with four other intersections. Traffic signal modifications for these locations are: Diamond Bar Boulevard/Cold Spring Lane, Diamond Bar Boulevard/Sunset Crossing Road, and Diamond Bar Boulevard/Northbound SR -57; and one full intersection signalization at Pathfinder Road/Peaceful Hills Road. PREPARED BY: DATE PREPARED: February 7, 2005 Sharon Gomez, Senior Management Analyst REVIEWED BY: David G. Liu, Director of Public Works Jim DeStefano, Assistant City Manager 2 MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION JANUARY 11, 2005 CALL TO ORDER: Chairman Nolan called the meeting to order at 7:05p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Commissioner Low led the Pledge of Allegiance. 1. ROLL CALL: Present: Chairman Dan Nolan, Vice Chairman Jack Tanaka and Commissioners Ruth Low, Joe McManus and Steve Tye. Also present: James DeStefano, Assistant City Manager, Nancy Fong, Planning Manager, Linda Smith, Development Services Associate and Stella Marquez, Senior Administrative Assistant. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None Offered. 3. APPROVAL OF AGENDA: As Presented. 4. CONSENT CALENDAR: 4.1 Minutes of the Regular Meeting of December 14, 2004. VC/Tanaka moved, C/Tye seconded to approve the minutes of the Regular Meeting of December 14, 2004, as presented. Motion carried by the following Roll Call vote: AYES: NOES: ABSENT: 10. OLD BUSINESS: 11. NEW BUSINESS: COMMISSIONERS COMMISSIONERS COMMISSIONERS None None VC/Tanaka, Tye, Low, McManus, Chair Nolan None None JANUARY 11, 2005 Page 2 PLANNING COMMISSION 12. PUBLIC HEARING(S): None 12.1 Development Review No. 2004-41. In accordance with DBMC Section 22.48, this was a request to remodel and construct an approximate 1,617 square foot two story addition with 192 square feet of patio cover/deck at the rear, and to remodel the existing 1,669 livable square foot, one story single-family residence with a two car garage. PROJECT ADDRESS PROPERTY OWNER/ APPLICANT: 2260 Evergreen Springs Drive (Lot 84, Tract 25978) Diamond Bar, CA 91765 John P. and Reyna O. Melendez 2260 Evergreen Springs Drive Diamond Bar, CA 91765 DSA/Smith presented staff's report. Staff recommended Planning Commission approval of Development Review No. 2004-41, Findings of Fact, and conditions of approval as listed within the resolution. Chair/Nolan opened the public hearing. With no one present who wished to speak on this item, Chair/Nolan closed the public hearing. C/Tye moved, C/Low seconded to approve Development Review No. 2004-41, Findings of Fact, and conditions of approval as listed in the Resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS Tanaka, NOES: COMMISSIONERS ABSENT: COMMISSIONERS Tye, Low, McManus, V/C Chair Nolan None None 13. PLANNING COMMISSION COMMENTS AND INFORMATION ITEMS: Chair/Nolan asked how the City fared during the recent rainfall. ACM/DeStefano said that to date the City had suffered little damage as a result of the significant rainfall. There were a few fallen trees on private and public property and the primary concern was at the Diamond Bar Center where a couple of the newly JANUARY 11, 2005 Page 3 PLANNING COMMISSION created slopes JANUARY 11, 2005 Page 4 PLANNING COMMISSION had some minor failure in the form of sloughs that staff was watching. He said that repairs could be costly. C/McManus asked if the tree that fell onto Grand Avenue was the responsibility of the property owner. ACM/DeStefano responded that the tree that fell across Grand close to Rolling Knoll was on private property and fell into the public right- of-way. Closer to Longview/Summitridge, certain trees immediately adjacent to the sidewalk were on City property. He was not sure who cleaned it up so quickly. 9. STAFF COMMENTS AND INFORMATION ITEMS: ACM/DeStefano reported that the Jerry Yeh subdivision was approved by the City Council on January 4 as recommended by the Planning Commission and that the State of the City event was scheduled for Thursday morning, January 13 at the Diamond Bar Center. ACM/DeStefano stated that at the request of the City Attorney an agenda item would be added to the Planning Commission agenda of January 25 that was a matter that involved a substitution clause within the City's Sign Code. Legal maneuvering was taking place across California that requires cities to ensure that they had a "substitution clause" in their sign codes that allowed non-commercial speech on legal commercial signs. Assuming Planning Commission approval, the matter is scheduled for City Council consideration on February 1. C/Low asked if staff had an update regarding the Lewis Development. ACM/DeStefano responded that the retail portion was proceeding. Two retailers, Home Depot and Target continue to compete for the anchor position. Staff hopes to have a final decision as to the anchor by the end of January and the anchor will determine the look of the balance of the center. He and PM/Fong met with Brookfield, the residential builder to discuss a reduced version of the project from 200 units to about 185 units. The Planning Commission will likely see the details in a formal subdivision application in about two to three months. According to the developer the project should be under construction by late summer. The church wants to delay construction on their property so it is likely that Lewis will build the replacement parking spaces behind the existing church with the new sanctuary being constructed in another year or two. Finally, the City and Lewis are involved in moving forward with physical improvements such as traffic signals adjacent to the site and widening of Golden Springs Drive near Grand Avenue and Grand Avenue from Golden Springs to the first signal as well as construction of left turn pockets about April 2005. The anchor tenant should be completed by April 2006 JANUARY 11, 2005 Page 5 PLANNING COMMISSION and the City's work along Grand Avenue/Golden Springs completed by March 2006. The Lewis project at Site D is at a standstill because Lewis and the City disagree on the use of the property. Lewis wants residential and the City wants commercial/retail ACM/DeStefano responded to C/Tye that Lewis is scheduled to close escrow on the church property in late July with the property reverting to the anchor tenant. The hospital property is owned by Lewis and is under contract to be purchased by Brookfield. Lewis is in escrow with a two-year agreement with a one-year option to purchase Site D. C/Tye wanted to know why the school district was involved in the discussion about what occurred with Site D. ACM/DeStefano explained that the school district looks for new forms of revenue to build capital facilities. Their short list includes the so-called academies project across from South Point Middle School for which they need $30-35 million. The school district proposes to sell Site D for $21 million so it is important for them to participate in discussions regarding the sale and use thereof because Lewis will not complete the transaction unless they are certain they can glean a profit and Lewis claims they cannot make a profit unless it is purely residential. C/McManus said that residents have indicated to him that they want easy access to commercial retail so that they do not have to navigate the freeways to purchase goods and service and in his opinion, staff is right -on about wanting retail at the site. C/Low asked for an update on the supermarket vacancy at the Country Hills Towne Centre. ACM/DeStefano said he was told today that an anchor market inked a letter of intent to occupy. It is a Chinese grocery store, not Ranch 99 but an independent operator and will be a 38,000 square feet high-end upscale store. Michael McCarthy, the center's developer, intends to submit revised drawings the end of January and the Planning Commission will likely review the proposed project in March of this year. Mr. McCarthy plans to close the theater in the next couple of weeks for repair and depending on the outcome he may or may not reopen it. Chair/Nolan asked for an update on the Walnut Valley Trailer Park property. ACM/DeStefano responded that there had not been much activity with respect to that property. The City continues to work with the current property owner. 10. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. JANUARY 11, 2005 Page 6 PLANNING COMMISSION JANUARY 11, 2005 Page 7 PLANNING COMMISSION ADJOURNMENT: With no further business before the Planning Commission, Chair/Nolan adjourned the meeting at 7:42 p.m. Respectfully Submitted, James DeStefano Assistant City Manager Attest: Dan Nolan, Chairman CHAPTER 2.20. PERSONNEL Sec. 2.20.010. Adoption of system. In order to establish an equitable and uniform system for dealing with personnel matters; and to Gernpl i with apnliGable laws relating to the administration of the adoptees to attract to municipal service the best and most competent persons available; and to assure that appointments and promotions of employees will be based on merit; the following personnel system is adopted. Sec. 2.20.020. Definitions. The terms used to administer the personnel system shall be defined in the personnel rules.. and regulations. Sec. 2.20.030. Administration. The ECity nWanager shall administer the city personnel system and may delegate any or all of the powers and duties Gonferreyd i Alen him to a personnel e#+Eer of such administration to any other officer or employee of the city or may recommend that such powers and duties be performed under contract as provided in section 2.20.43060. The oCity mManager shall: (1) Act as the appointing authority for the city; (2) Administer all the provisions of this chapter and of the personnel rules and regulations not specifically reserved to the City Council; {3} Prepare and renornrnenyd to the Gity Ge moil personnel rules and revisions and amendments to SUGh rules; or cause to be prepared personnel rules and regulations and revisions. The City Attorney shall approve the legality of such rules and regulations prior to submission to the City Council for approval; (4) Prepare or gai Ise to he prepared a positron nlassifination plan innli rding Glass spenifinations and revisions of the plan; Recommend to the City Council personnel policy issues involving financial commitments such as, but not limited to, pay rates, authorization of positions, and employee benefit programs; fel Have the ai ithnrity to ydisginline employees in angnrydanGe with this ghapter and the personnel rules of the „it„; and Prepare or cause to be prepared a position classification plan, including class specifications, and revisions of the plan; �7 Provide for the publishing or posting of notines of tests fpr positions in the etiti�i� e��Gethe reGeiying of appliGati�theroforrthe end Gting and grayling of tests; the nertifination of a list of all persons eligible fpr a-pppr'ointment-tomthe ropriate�tio�rthe Gmppetti�i� e�Vire�d performing any other duty that may he required to administer the personnel s„stern. Prepare or cause to be prepared a plan of compensation, and revisions of such plan, covering all classification titles for authorized city positions. The plan and any revisions of the plan shall become effective upon approval of the City Council; (7) Have the authority to discipline employees in accordance with the personnel rules and regulations of the city; (8) Have the authority to terminate the employment relationship of an employee employed at -will without cause or right to appeal, at any time; (9) Provide for the recruitment and selection of city employees based upon open or promotional recruitments and; (10) Perform any other duty that may be required to administer the personnel system. Sec. 2.20.040. Competitive service. The provisions of this chapter shall apply to all offices, positions and employments in the service of the city, except: (1) Elective officers; (2) The ECity nWanager and any assistants to the ECity nWanager; (3) The ECity aAttorney and any assistants or deputies of the eCity aAttorney. (4) Members of appointive boards, commissions, and committees; (5) All department heads and other management positions so designated by the City Manager; (6) Persons engaged under contract to supply expert, professional, technical, or any other services; (7) Volunteer personnel, s, Gh as volunteer firefighters; who receive no regular compensation from the city; (8) All council -appointed city officers; (9) Emergency employees who are hired to meet the immediate requirements of an emergency condition, such as extraordinary fire, flood, or earthquake which threatens life or property; 40) Employees, other than these listed elsewhere in this con+inn who are not regularly empley in P-ermanen psi The expression "rem ilarl '�c'Tur'���rrprvY rPv�rti�s��c-c�cP'tiT`'Tvr'�c9z'Turry- employerd in permanent poli+ions° means an employee hired for an indefinite term into a budgeted position, who is regularly snhedi ilerJ to work less than 1,040 hours per year, and has si innessf illy nompleted the prima' eried and been retained, provided inthisGhapter�d the personnel rules; (11) Seasonal part time employees are employees who work on a seasonal or partial year basis, but not more than 1,000 hours per fiscal year; (12) Intermittent part time employees are employees who work an average of 191/2 hours or less and no more than 1,000 hours per fiscal year; (13) Part time employees working 20 hours or more per week hired after February 15, 2005. /14 \ Any position primarily funded under a state or federal empleymen+ Any other position exempted to the pity not innil by resolution. Any new position created by the City Council, unless declared by the City Council to be in the competitive service at the time of creation or thereafter; (15) Employees not included in the competitive service under this section shall serve at the pleasure will of the appointing authority and either the employee or the city may terminate the employment relationship without cause or right to appeal, at any time. Sec. 2.20.050. Adoption and amendment of rules and regulations. Personnel rules and regulations shall be adopted by resolution of the eCity 2 eCouncil. The rules may establish rani ilatining the personnel system 0n^l g: These rules and regulations shall govern the personnel system including, but not limited to: (1) Preparation, installation, revision, and maintenance of a position classification plan covering all positions in the competitive service, including employment standards and qualifications for each class; Appropriate a nGe�T seleG ien�prn� and anncptanne of ttit�CT c�crurrcracc cuiTcc-vr applinatinns for employment; Preparation, revision, and administration of a plan of compensation directly correlated with the position classification plan providing a rate or range of pay for each class; Preparation and nnnrdi int of tests and the establishment and use of resulting employment lists nnntainipg names of persons eligible for appointment; Open and promotional recruitments to fill regular positions; (4) Gertifioation and appointment of persons from employment lists, andanthe making of provisional appeintrnent-,, The making of temporary and emergency appointments; (5) Establishment of probationary testing periods; ($1 Evaluation of ernpleyees during the probationary testing peried and�� '�� �thereafter; Transfer, promotion, demotion, discipline, and reinstatement of employees; q4Transfer, promotion, rdemntinn0 reinstatement, rJ diSGiplinary sention an \,' layoff of empin„ees On the Gernppettiye seryine; Evaluation of the job performance of employees; (8) Separation of employees from the city service; fel The establishment and maintenanne of adequate personnel reGGrrds fpr purposes of annni inting and legal requirements; and Content, maintenance, and use of personnel records and forms; and (10) The establishment of any necessary appeal procedures. f_Ai-a Van.... . .....- personneln @GGord@nGe with the Appointments shall be based on merit and fitness to be aSGertained so far as praGtiGable by Gerand the seleGtien of quallfied npetitive examination. Examinations may be used and GenduGted to personalaGhievement and aptitude tests, written tests, .-samples The probationary peried shall be Gensidered an extension of the examinationgiven as a part of any examonation-.- O&A in any .._ 3 ..111 11 A I. .. . . ohm /h\ All appeals shall be pronessed in aGGGrrdanne with the requirements and nrOGed ares as cot forth in the personnel rules adopted pursuant to this o her Sec. 2.20.060. Contracts for special service. The eCity nWanager shall consider and make renommendations to the rit„ Sean decisions regarding the extent to which the city should contract for the performance of technical services in connection with the establishment or operation of the personnel system. The City Manager and/or ECity ECouncil may contract with any qualified person or public or private agency for the performance of all or any of the following responsibilities and duties imposed by this chapter: The preparation of personnel rules and subsequent revisions and amendments thereof; N w . _.N.M.N. _ r 0 - . im Sec. 2.20.070. Discrimination. No person employed by the City of Diamond Bar or seeking employment with the city, shall be discriminated against in recruitment, examination, appointment, training, promotion, retention, discipline, or any other aspect of personnel administration because of race, color, religion, national origin, ancestry, marital status, sex, age, physical or mental disability, sexual orientation, political or religious opinions or affiliations, union activities or affiliations, taking of FMLA or pregnancy disability leave, religious creed, medical condition, or any other characteristic protected by law. Section 2. Severability: The City Council declares that, should any provision, section, paragraph, sentence, or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, and words of this Ordinance shall remain in full force and effect. 5 CITY COUNCIL TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager Agenda # Meeting Date: February 15,_2005 AGENDA REPORT TITLE: Introduction of Ordinance XX(2005) establishing a personnel system and rescinding Ordinance No. 21 (1989) in its entirety RECOMMENDATION: It is recommended that the City Council introduce Ordinance No. XX (2005) by title only and waive further reading. FINANCIAL IMPACT: None. BACKGROUND: In August 1989 the City Council approved Ordinance 21 (1989) which provided for the establishment of a personnel system. Since that time, there has been no review or modifications made to ensure compliance with recent changes in employment law. DISCUSSION: The attached ordinance more clearly delineates the processes and procedures for administering the personnel system and the adoption and amendments to the Personnel Rules and Regulations. Additionally, a non discrimination provision, which is in compliance with state and federal law, is included. The detailed sections such as, Probationary Period; Status of Employees; Right of Appeal; Layoff and Reemployment; Political Activity; and Abolishment of Position have been eliminated and will be addressed in the City's Personnel Rules and Regulations. Personnel Rules and Regulations are not required to be duplicated in the Municipal Code. Revisions to the City's Personnel Rules and Regulations will be presented to the City Council at a future meeting. Ordinance No. XX 2005 and a copy of Ordinance No. 21 (1989) with changes in highlighted text indicating the additions and strikethrough text indicating deletions are attached. Kim Crews REVIEWED BY: David Doyle Senior Management Analyst Assistant City Manager Attachments: Ordinance No. XX (2005) Ordinance No. 21 (1989) with highlights and strikethroughs ORDINANCE NO. (2005) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING A PERSONNEL SYSTEM The City Council of the City of Diamond Bar does ordain as follows: Section 1. Rescind Ordinance No. 21 (1989) in its entirety. Section 2. Sections 2.20.010 through 2.20.070 of Chapter 2, Administration and Personnel shall read as follows: Sec. 2.20.010. Adoption of System. In order to establish an equitable and uniform system for dealing with personnel matters; to attract to municipal service the best and most competent persons available; to assure that appointments and promotions of employees will be based on the merit; the following personnel system is adopted. Sec. 2.20.020. Definitions. The terms used to administer the personnel system shall be defined in the personnel rules and regulations. Sec. 2.20.030. Administration. The City Manager shall administer the city personnel system and may delegate any or all of the powers and duties of such administration to any other officer or employee of the city or may recommend that such powers and duties be performed under contract as provided in section 2.20.060. The City Manager shall: (1) Act as the appointing authority for the city; (2) Administer all the provisions of this chapter and of the personnel rules and regulations not specifically reserved to the City Council; (3) Prepare or cause to be prepared personnel rules and regulations and revisions. The City Attorney shall approve the legality of such rules and regulations prior to submission to the City Council for approval; (4) Recommend to the City Council personnel policy issues involving financial commitments such as, but not limited to, pay rates, authorization of positions and employee benefit programs; (5) Prepare or cause to be prepared a position classification plan, including class specifications, and revisions of the plan; (6) Prepare or cause to be prepared a plan of compensation, and revisions of such plan, covering all classification titles for authorized city positions. The plan and any revisions of the plan shall become effective upon approval of the City Council; (7) Have the authority to discipline employees in accordance with this chapter and the personnel rules and regulations of the city; (8) Have the authority to terminate the employment relationship of an employee employed at - will without cause or right to appeal, at any time; (9) Provide for the recruitment and selection of city employees based upon open or promotional recruitments and; (10)Perform any other duty that may be required to administer the personnel system. Sec. 2.20.040. Competitive service. The provisions of this chapter shall apply to all offices, positions, and employments in the service of the city, except: (1) Elective officers; (2) The City Manager and any assistants or deputies to the City Manager; (3) The City Attorney and any assistants or deputies of the City Attorney; (4) Members of appointive boards, commissions, and committees; (5) Department heads and other management positions so designated by the City Manager; (6) Persons engaged under contract to supply expert, professional, technical or any other services for a definite period of time; (7) Volunteer personnel, who receive no regular compensation from the city; (8) All council -appointed city officers; (9) Emergency employees who are hired to meet the immediate requirements of an emergency condition, such as extraordinary fire, flood, or earthquake which threatens life or property; (10) Employees hired for an indefinite term into a budgeted position to work less than 1,040 hours per year; (11) Seasonal part time employees are employees who work on a seasonal or partial year basis, but not more than 1,000 hours per fiscal year; (12) Intermittent part time employees are employees who work an average of 19'/2 hours or less and no more than 1,000 hours per fiscal year; (13) Part time employees working 20 hours or more per week, hired after February 15, 2005. (14) Any new position created by the City Council, unless declared by the City Council to be in the competitive service at the time of creation or thereafter. (15) Employees not included in the competitive service under this section shall serve at the will of their appointing authority and either the employee or city may terminate the employment relationship without cause or right to appeal, at any time. Sec. 2.20.050. Adoption and Amendment of Rules and Regulations. Personnel rules and regulations shall be adopted by resolution of the City Council. These rules and regulations shall govern the personnel system including, but not limited to: (1) Preparation, installation, revision, and maintenance of a position classification plan covering all positions in the competitive service including employment standards and qualifications for each class; (2) Preparation, revision, and administration of a plan of compensation directly correlated with the position classification plan providing a rate or range of pay for each class; (3) Open and promotional recruitments to fill regular positions; (4) The making of temporary and emergency appointments; (5) Establishment of probationary testing periods; (6) Transfer, promotion, demotion, discipline, and reinstatement of employees; (7) Evaluation of the job performance of employees; (8) Separation of employees from the city service; (9) Content, maintenance, and use of personnel records and forms; and (10)The establishment of any necessary appeal procedures. Sec. 2.20.060. Contracts for special service. The City Manager shall consider and make decisions regarding the extent to which the city should contract for the performance of technical services in connection with the establishment or operation of the personnel system. The City Manager and/or City Council may contract with any qualified person or public or private agency for the performance of all or any of the responsibilities and duties imposed by this chapter. Sec. 2.20.070. Discrimination. No person employed by the City of Diamond Bar or seeking employment with the city, shall be discriminated against in recruitment, examination, appointment, training, promotion, retention, discipline, or any other aspect of personnel administration because of race, color, religion, national origin, ancestry, marital status, sex, age, physical or mental disability, sexual orientation, political or religious opinions or affiliations, union activities or affiliations, taking of FMLA or pregnancy disability leave, religious creed, medical condition, or any other characteristic protected by law. Section 3. Severability: The City Council declares that, should any provision, section, paragraph, sentence, or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, and words of this Ordinance shall remain in full force and effect. APPROVED AND ADOPTED this day of , 2005. Mayor I, LINDA C. LOWRY, 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 , 2005, and was finally adopted at a regular meeting of the City Council of the City of Diamond Bar on the day of 2005, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Linda C. Lowry, City Clerk City of Diamond Bar ORDINANCE NO. 02 (2005) AN ORDINANCE OF THE CITY OF DIAMOND BAR AMENDING THE DIAMOND BAR MUNICIPAL CODE BY AMENDING SECTION 22.36.030 (f) REGARDING SIGNS The City Council of the City of Diamond Bar does hereby ordain as follows: Section 1. The Diamond Bar Municipal Code is hereby amended by adding thereto a new Section 22.36.030 (f) to read as follows: "(f) Substitution Clause. Notwithstanding any other provision of this Code, any noncommercial copy may be substituted for any commercial copy on any sign permitted by this Code. If non-commercial copy is substituted, the resulting sign will continue to be treated as the original commercial sign under this Code and will not be deemed or treated as an off-site sign. The content of any noncommercial copy on any sign otherwise permitted by this Code may be changed without complying with any provisions of this Code normally required for sign copy or design approval." Section 2. If any section, subsection, sentence, clause, portion, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by decision of any court of any competent jurisdiction, such decision will not affect the validity of the remaining sections, subsections, sentences, clauses, portions, or phrases of this Ordinance. The City Council declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, portion, or phrase without regard to whether any other section, subsection, sentence, clause, portion, or phrase of the Ordinance would be subsequently declared invalid or unconstitutional. PASSED, APPROVED AND ADOPTED this day of , 2005. Wen Chang, Mayor I, Linda C. Lowry, the City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar, California, held on the day of , 2005, and was finally passed at a regular meeting of the City Council of the City of Diamond Bar, held on the day of 2005, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: City Clerk CITY COUNCIL TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager Agenda # Meeting Date: Februaa 1, 2005 AGENDA REPORT TITLE: SECOND READING OF ORDINANCE NO. 02 (2005) - ADOPTING DEVELOPMENT CODE AMENDMENT NO. 2005-01 REGARDING DIAMOND BAR MUNICIPAL CODE SECTION 22.36 RELATING TO THE SUBSTITUTION OF NON-COMMERCIAL MESSAGES FOR ON-SITE SIGNS. RECOMMENDATION: Approve second reading by title only and adopt Ordinance No. 02 (2005). BACKGROUND/DISCUSSION: Ordinance No. 02 (2005) would add a "Substitution" clause that allows a sign owner to substitute an on-site sign with non-commercial speech. The City Council conducted a duly noticed public hearing on February 1, 2005 and approved the first reading of the Ordinance. Upon approval of the second reading, the referenced amendment will be effective March 15, 2005. Prepared By Nancy Fong, AICP Planning Manager Attachments: Ordinance No. 02 (2005) James DeStefano Assistant City Manager CHAPTER 2.20. PERSONNEL Sec. 2.20.010. Adoption of system. In order to establish an equitable and uniform system for dealing with personnel matters; and to Gernpl i with apnliGable laws relating to the administration of the adoptees to attract to municipal service the best and most competent persons available; and to assure that appointments and promotions of employees will be based on merit; the following personnel system is adopted. Sec. 2.20.020. Definitions. The terms used to administer the personnel system shall be defined in the personnel rules.. and regulations. Sec. 2.20.030. Administration. The ECity nWanager shall administer the city personnel system and may delegate any or all of the powers and duties Gonferreyd i Alen him to a personnel e#+Eer of such administration to any other officer or employee of the city or may recommend that such powers and duties be performed under contract as provided in section 2.20.43060. The oCity mManager shall: (1) Act as the appointing authority for the city; (2) Administer all the provisions of this chapter and of the personnel rules and regulations not specifically reserved to the City Council; {3} Prepare and renornrnenyd to the Gity Ge moil personnel rules and revisions and amendments to SUGh rules; or cause to be prepared personnel rules and regulations and revisions. The City Attorney shall approve the legality of such rules and regulations prior to submission to the City Council for approval; (4) Prepare or gai Ise to he prepared a positron nlassifination plan innli rding Glass spenifinations and revisions of the plan; Recommend to the City Council personnel policy issues involving financial commitments such as, but not limited to, pay rates, authorization of positions, and employee benefit programs; fel Have the ai ithnrity to ydisginline employees in angnrydanGe with this ghapter and the personnel rules of the „it„; and Prepare or cause to be prepared a position classification plan, including class specifications, and revisions of the plan; �7 Provide for the publishing or posting of notines of tests fpr positions in the etiti�i� e��Gethe reGeiying of appliGati�theroforrthe end iGtin and grayling of tests; the nertifination of a list of all persons eligible fpr a-pppr'ointment-tomthe ropriate�tio�rthe Gmppetti�i� e�Vire�d performing any other duty that may he required to administer the personnel s„stern. Prepare or cause to be prepared a plan of compensation, and revisions of such plan, covering all classification titles for authorized city positions. The plan and any revisions of the plan shall become effective upon approval of the City Council; (7) Have the authority to discipline employees in accordance with the personnel rules and regulations of the city; (8) Have the authority to terminate the employment relationship of an employee employed at -will without cause or right to appeal, at any time; (9) Provide for the recruitment and selection of city employees based upon open or promotional recruitments and; (10) Perform any other duty that may be required to administer the personnel system. Sec. 2.20.040. Competitive service. The provisions of this chapter shall apply to all offices, positions and employments in the service of the city, except: (1) Elective officers; (2) The ECity nWanager and any assistants to the ECity nWanager; (3) The ECity aAttorney and any assistants or deputies of the eCity aAttorney. (4) Members of appointive boards, commissions, and committees; (5) All department heads and other management positions so designated by the City Manager; (6) Persons engaged under contract to supply expert, professional, technical, or any other services; (7) Volunteer personnel, s, Gh as volunteer firefighters; who receive no regular compensation from the city; (8) All council -appointed city officers; (9) Emergency employees who are hired to meet the immediate requirements of an emergency condition, such as extraordinary fire, flood, or earthquake which threatens life or property; 40) Employees, other than these listed elsewhere in this con+inn who are not regularly empley in P-ermanen psi The expression "rem ilarl '�c'Tur'���rrprvY rPv�rti�s��c-c�cP'tiT`'Tvr'�c9z'Turry- employerd in permanent poli+ions° means an employee hired for an indefinite term into a budgeted position, who is regularly snhedi ilerJ to work less than 1,040 hours per year, and has si innessf illy nompleted the prima' eried and been retained, provided inthisGhapter�d the personnel rules; (11) Seasonal part time employees are employees who work on a seasonal or partial year basis, but not more than 1,000 hours per fiscal year; (12) Intermittent part time employees are employees who work an average of 191/2 hours or less and no more than 1,000 hours per fiscal year; (13) Part time employees working 20 hours or more per week hired after February 15, 2005. /14 \ Any position primarily funded under a state or federal empleymen+ Any other position exempted to the pity not innil by resolution. Any new position created by the City Council, unless declared by the City Council to be in the competitive service at the time of creation or thereafter; (15) Employees not included in the competitive service under this section shall serve at the pleasure will of the appointing authority and either the employee or the city may terminate the employment relationship without cause or right to appeal, at any time. Sec. 2.20.050. Adoption and amendment of rules and regulations. Personnel rules and regulations shall be adopted by resolution of the eCity 2 eCouncil. The rules may establish rani ilatining the personnel system 0n^l g: These rules and regulations shall govern the personnel system including, but not limited to: (1) Preparation, installation, revision, and maintenance of a position classification plan covering all positions in the competitive service, including employment standards and qualifications for each class; Appropriate a nGe�T seleG ien�prn� and anncptanne of ttit�CT c�crurrcracc cuiTcc-vr applinatinns for employment; Preparation, revision, and administration of a plan of compensation directly correlated with the position classification plan providing a rate or range of pay for each class; Preparation and nnnrdi int of tests and the establishment and use of resulting employment lists nnntainipg names of persons eligible for appointment; Open and promotional recruitments to fill regular positions; (4) Gertifioation and appointment of persons from employment lists, andanthe making of provisional appeintrnent-,, The making of temporary and emergency appointments; (5) Establishment of probationary testing periods; ($1 Evaluation of ernpleyees during the probationary testing peried and�� '�� �thereafter; Transfer, promotion, demotion, discipline, and reinstatement of employees; q4Transfer, promotion, rdemntinn0 reinstatement, rJ diSGiplinary sention an \,' layoff of empin„ees On the Gernppettiye seryine; Evaluation of the job performance of employees; (8) Separation of employees from the city service; fel The establishment and maintenanne of adequate personnel reGGrrds fpr purposes of annni inting and legal requirements; and Content, maintenance, and use of personnel records and forms; and (10) The establishment of any necessary appeal procedures. f_Ai-a Van.... . .....- personneln @GGord@nGe with the Appointments shall be based on merit and fitness to be aSGertained so far as praGtiGable by Gerand the seleGtien of quallfied npetitive examination. Examinations may be used and GenduGted to personalaGhievement and aptitude tests, written tests, .-samples The probationary peried shall be Gensidered an extension of the examinationgiven as a part of any examonation-.- O&A in any .._ 3 ..111 11 A I. .. . . ohm /h\ All appeals shall be pronessed in aGGGrrdanne with the requirements and nrOGed ares as cot forth in the personnel rules adopted pursuant to this o her Sec. 2.20.060. Contracts for special service. The eCity nWanager shall consider and make renommendations to the rit„ Sean decisions regarding the extent to which the city should contract for the performance of technical services in connection with the establishment or operation of the personnel system. The City Manager and/or ECity ECouncil may contract with any qualified person or public or private agency for the performance of all or any of the following responsibilities and duties imposed by this chapter: The preparation of personnel rules and subsequent revisions and amendments thereof; N w . _.N.M.N. _ r 0 - . im Sec. 2.20.070. Discrimination. No person employed by the City of Diamond Bar or seeking employment with the city, shall be discriminated against in recruitment, examination, appointment, training, promotion, retention, discipline, or any other aspect of personnel administration because of race, color, religion, national origin, ancestry, marital status, sex, age, physical or mental disability, sexual orientation, political or religious opinions or affiliations, union activities or affiliations, taking of FMLA or pregnancy disability leave, religious creed, medical condition, or any other characteristic protected by law. Section 2. Severability: The City Council declares that, should any provision, section, paragraph, sentence, or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, and words of this Ordinance shall remain in full force and effect. 5 CITY COUNCIL TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager Agenda # Meeting Date: February 15,_2005 AGENDA REPORT TITLE: Introduction of Ordinance XX(2005) establishing a personnel system and rescinding Ordinance No. 21 (1989) in its entirety RECOMMENDATION: It is recommended that the City Council introduce Ordinance No. XX (2005) by title only and waive further reading. FINANCIAL IMPACT: None. BACKGROUND: In August 1989 the City Council approved Ordinance 21 (1989) which provided for the establishment of a personnel system. Since that time, there has been no review or modifications made to ensure compliance with recent changes in employment law. DISCUSSION: The attached ordinance more clearly delineates the processes and procedures for administering the personnel system and the adoption and amendments to the Personnel Rules and Regulations. Additionally, a non discrimination provision, which is in compliance with state and federal law, is included. The detailed sections such as, Probationary Period; Status of Employees; Right of Appeal; Layoff and Reemployment; Political Activity; and Abolishment of Position have been eliminated and will be addressed in the City's Personnel Rules and Regulations. Personnel Rules and Regulations are not required to be duplicated in the Municipal Code. Revisions to the City's Personnel Rules and Regulations will be presented to the City Council at a future meeting. Ordinance No. XX 2005 and a copy of Ordinance No. 21 (1989) with changes in highlighted text indicating the additions and strikethrough text indicating deletions are attached. Kim Crews REVIEWED BY: David Doyle Senior Management Analyst Assistant City Manager Attachments: Ordinance No. XX (2005) Ordinance No. 21 (1989) with highlights and strikethroughs ORDINANCE NO. (2005) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING A PERSONNEL SYSTEM The City Council of the City of Diamond Bar does ordain as follows: Section 1. Rescind Ordinance No. 21 (1989) in its entirety. Section 2. Sections 2.20.010 through 2.20.070 of Chapter 2, Administration and Personnel shall read as follows: Sec. 2.20.010. Adoption of System. In order to establish an equitable and uniform system for dealing with personnel matters; to attract to municipal service the best and most competent persons available; to assure that appointments and promotions of employees will be based on the merit; the following personnel system is adopted. Sec. 2.20.020. Definitions. The terms used to administer the personnel system shall be defined in the personnel rules and regulations. Sec. 2.20.030. Administration. The City Manager shall administer the city personnel system and may delegate any or all of the powers and duties of such administration to any other officer or employee of the city or may recommend that such powers and duties be performed under contract as provided in section 2.20.060. The City Manager shall: (1) Act as the appointing authority for the city; (2) Administer all the provisions of this chapter and of the personnel rules and regulations not specifically reserved to the City Council; (3) Prepare or cause to be prepared personnel rules and regulations and revisions. The City Attorney shall approve the legality of such rules and regulations prior to submission to the City Council for approval; (4) Recommend to the City Council personnel policy issues involving financial commitments such as, but not limited to, pay rates, authorization of positions and employee benefit programs; (5) Prepare or cause to be prepared a position classification plan, including class specifications, and revisions of the plan; (6) Prepare or cause to be prepared a plan of compensation, and revisions of such plan, covering all classification titles for authorized city positions. The plan and any revisions of the plan shall become effective upon approval of the City Council; (7) Have the authority to discipline employees in accordance with this chapter and the personnel rules and regulations of the city; (8) Have the authority to terminate the employment relationship of an employee employed at - will without cause or right to appeal, at any time; (9) Provide for the recruitment and selection of city employees based upon open or promotional recruitments and; (10)Perform any other duty that may be required to administer the personnel system. Sec. 2.20.040. Competitive service. The provisions of this chapter shall apply to all offices, positions, and employments in the service of the city, except: (1) Elective officers; (2) The City Manager and any assistants or deputies to the City Manager; (3) The City Attorney and any assistants or deputies of the City Attorney; (4) Members of appointive boards, commissions, and committees; (5) Department heads and other management positions so designated by the City Manager; (6) Persons engaged under contract to supply expert, professional, technical or any other services for a definite period of time; (7) Volunteer personnel, who receive no regular compensation from the city; (8) All council -appointed city officers; (9) Emergency employees who are hired to meet the immediate requirements of an emergency condition, such as extraordinary fire, flood, or earthquake which threatens life or property; (10) Employees hired for an indefinite term into a budgeted position to work less than 1,040 hours per year; (11) Seasonal part time employees are employees who work on a seasonal or partial year basis, but not more than 1,000 hours per fiscal year; (12) Intermittent part time employees are employees who work an average of 19'/2 hours or less and no more than 1,000 hours per fiscal year; (13) Part time employees working 20 hours or more per week, hired after February 15, 2005. (14) Any new position created by the City Council, unless declared by the City Council to be in the competitive service at the time of creation or thereafter. (15) Employees not included in the competitive service under this section shall serve at the will of their appointing authority and either the employee or city may terminate the employment relationship without cause or right to appeal, at any time. Sec. 2.20.050. Adoption and Amendment of Rules and Regulations. Personnel rules and regulations shall be adopted by resolution of the City Council. These rules and regulations shall govern the personnel system including, but not limited to: (1) Preparation, installation, revision, and maintenance of a position classification plan covering all positions in the competitive service including employment standards and qualifications for each class; (2) Preparation, revision, and administration of a plan of compensation directly correlated with the position classification plan providing a rate or range of pay for each class; (3) Open and promotional recruitments to fill regular positions; (4) The making of temporary and emergency appointments; (5) Establishment of probationary testing periods; (6) Transfer, promotion, demotion, discipline, and reinstatement of employees; (7) Evaluation of the job performance of employees; (8) Separation of employees from the city service; (9) Content, maintenance, and use of personnel records and forms; and (10)The establishment of any necessary appeal procedures. Sec. 2.20.060. Contracts for special service. The City Manager shall consider and make decisions regarding the extent to which the city should contract for the performance of technical services in connection with the establishment or operation of the personnel system. The City Manager and/or City Council may contract with any qualified person or public or private agency for the performance of all or any of the responsibilities and duties imposed by this chapter. Sec. 2.20.070. Discrimination. No person employed by the City of Diamond Bar or seeking employment with the city, shall be discriminated against in recruitment, examination, appointment, training, promotion, retention, discipline, or any other aspect of personnel administration because of race, color, religion, national origin, ancestry, marital status, sex, age, physical or mental disability, sexual orientation, political or religious opinions or affiliations, union activities or affiliations, taking of FMLA or pregnancy disability leave, religious creed, medical condition, or any other characteristic protected by law. Section 3. Severability: The City Council declares that, should any provision, section, paragraph, sentence, or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, and words of this Ordinance shall remain in full force and effect. APPROVED AND ADOPTED this day of , 2005. Mayor I, LINDA C. LOWRY, 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 , 2005, and was finally adopted at a regular meeting of the City Council of the City of Diamond Bar on the day of 2005, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Linda C. Lowry, City Clerk City of Diamond Bar Agenda # 6.12 Meeting Date: Feb. 15, 2005 CITY COUNCIL AGENDA REPORT �'(o P01U '�� l�gj9 TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager TITLE: APPROVE DISPOSAL OF SURPLUS CITY HALL OFFICE EQUIPMENT RECOMMENDATION: It is recommended that the City Council approve the disposal of various surplus pieces of office equipment as listed in Exhibit "A". FISCAL IMPACT: The items will be auctioned and the net proceeds will be given back to the City. The auction costs are expected to be 20% of the proceeds. BACKGROUND / DISCUSSION: Over the years, City Hall has accumulated extra office equipment that is not used and has been stored at various locations in the building. This equipment ranges in age but is all between 5 and 10 years old. A server, printer (both aged) and a camera (broken) are among the surplus items. Surplus modular workspace furniture including wall panels, desk pieces, and cabinets are no longer of use and are marked for disposal. Should the Council declare these items as surplus, they will be provided to Gene's General Auction for disposal. We request that the Council approve the declaration of the equipment as surplus and its appropriate disposal. Prepared by: Jim Clarke, Legislative Analyst Attachments: 1. Exhibit "A" Reviewed by: David Doyle, Asst. City Manager Exhibit "A" City of Diamond Bar Surplus Office Equipment Type of Equipment Quantity Asset Tag Number Computer Server Dell 4300 1 00515 Computer Hard Drive 1 00520 Computer Desk Top 1 00217 Computer Printer HP Laser 4S1 1 00326 Computer Hard Drive ALR Proviesa 1 None Computer Monitor View Sonic 1 None Digital Camera 1 00655 Surplus Modular Office Workspace Furniture None CITY OF DIAMOND BAR MINUTES OF THE TRAFFIC AND TRANSPORTATION COMMISSION REGULAR MEETING OF JANUARY 13, 2005 CALL TO ORDER: Chair Pincher called the meeting to order at 7:04 p.m. in the South Coast Air Quality Management/Government Center Hearing Board Room, 21865 Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Commissioner Virginkar led the Pledge of Allegiance. ROLL CALL: Present: Chair Pincher, Vice Chairman Torng and Commissioners Morris and Virginkar. Commissioner Shah was excused. Also Present: David Liu, Director of Public Works; Jim DeStefano, Assistant City Manager; Fred Alamolhoda, Senior Engineer; Kimberly Molina, Assistant Engineer; Sharon Gomez, Senior Management Analyst and Debbie Gonzales, Administrative Assistant. I. APPROVAL OF MINUTES: A. Minutes of regular meeting of November 9, 2004. C/Morris moved, VC/Torng seconded, to approve the November 9, 2004 minutes as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Morris, Virginkar, VC/Torng, Chair/Pincher NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Shah II. PUBLIC COMMENTS: Marilyn Walker, Triune Family Services, said that in her opinion, traffic in and around the schools caused major traffic problems for the City and safety concerns for the children. Her company offered door-to-door service for children between their home and school and felt that the City might want to utilize her services to relieve traffic congestion and provide a safe environment for the transportation of the students. III. CONSENT CALENDAR: None IV. ITEMS FROM STAFF: A. Traffic Enforcement Update — Received and filed on the following items: 1. Citations: December 2004 2. Collisions: December 2004 3. Future Deployment of the Radar Trailer JANUARY 13, 2005 PAGE 2 T&T COMMISSION V. OLD BUSINESS: None VI. NEW BUSINESS: None VII. STATUS OF PREVIOUS ACTION ITEMS: None VIII. ITEMS FROM COMMISSIONERS: VC/Torng expressed to Marilyn Walker that her traffic concerns would be considered during the Neighborhood Traffic Management Study. Today he noticed the new "No Right Turn on Red" sign/message board at the Diamond Bar Center and he felt it was very effective. DPW/Liu explained that the sign lights only when there is a potential conflict from the opposing traffic. VC/Torng asked about the effectiveness of the speed hump on Leyland Drive because a resident complained to him that people were still speeding through the area and the resident felt the height of the speed hump was insufficient to deter speeding vehicles. DPW/Liu explained that in accordance with the program staff continues to collect data for review on a three to six month basis following installation. Staff also works with the Sheriff's Department on a regular basis with respect to enforcement. The City follows stringent criteria for speed hump heights and they may not exceed a height of 2 and 5/8 inches. IX. INFORMATIONAL ITEMS: A. NTMP Meetings of January 6 and 11, 2005 with residents in District 1. SE/ Alamolhoda reported that 13 residents, M/Chang and MPT/O'Connor attended the January 6, 2005 meeting. In turn residents presented their comments in written format and those comments were forwarded to the City's consultant for review and evaluation. Approximately 20 residents and MPT/O'Connor attended the January 11, 2005 meeting. Follow up meetings will be scheduled to address the comments and questions. C/Virginkar suggested the consultant prepare recommendations for two or three streets, determine in which area the attendees reside and address only those particular areas. C/Morris liked Sgt. Blasnek's presentation at the January 11, 2005 meeting. The consultant's presentation would have helped if it had addressed Sunset Crossing Road from point of origin to Golden Springs Drive instead of Sylvan Glen Road. He felt strongly that entry point improvements could be done in lieu of major fixes. For example, one speaker talked about a center divider with mature trees and a sign with an arrow directing traffic to Diamond Bar Blvd. to discourage traffic from turning right unless they had specific business inside the neighborhood. Chair/Pincher said she sat next to a gentleman during the State Of The City JANUARY 13, 2005 PAGE 3 T&T COMMISSION Meeting this morning who said he did not attend the neighborhood meeting because he felt there was no problem on his street and liked it the way it was. C/Morris felt that the City should pay attention to the silent majority that was happy with their current situations and quantify requests for improvement when considering use of the City's dollars. C/Virginkar liked the idea of bulges close to stop signs to force speeding drivers to slow down. SE/Alamolhoda stated that staff continues to learn from the neighborhood meetings, and that it would be more fiscally responsible to consider only the areas about which the City receives complaints. B. Caltrans 57/60 Freeway Construction Project. SE/Alamolhoda reported that the project was on schedule and there were no major mudslides on the construction site. Completion of the project is anticipated for June 2006. C/Morris asked if the City could initiate a request for a connection for the SR60 westbound to the SR57 northbound through Assembly Member Huff. PWD/Liu stated that the property at the off -ramp belongs to JCC and that ACM/DeStefano was working with the property owner to determine whether a transfer to Caltrans was possible. Ultimately, the City would prefer to have the State of California link that missing segment to alleviate traffic. ACM/DeStefano spoke about his involvement in the process. He said that the purpose of the acquisition was to bring the property into the City's jurisdiction, look to landscape the base of the property as well as the hill and to consider the property as the potential missing link between the westbound SR 60 and the northbound SR 57. Certain property issues have led the City to shy away from acquisition. However, possible acquisition via Caltrans would be considered for its future use. PWD/Liu stated that the MTA, Diamond Bar and the City of Industry have initiated a feasibility study for the 57/60 corridor, the purpose of which is to consider a long- term solution. C. ACE Brea Canyon Road Grade Separation Project. JANUARY 13, 2005 PAGE 4 T&T COMMISSION DPW/Liu reported that portions of Washington Street and Currier Road would be depressed as they intersect with Brea Canyon Road. As a result, a bridge would be constructed to carry railroad traffic over the depressed Brea Canyon Road. Construction is slated to commence October 2005 and continue for about two years to November 2007. As a result of the construction, Brea Canyon Road will be closed to the public with limited access to the Metrolink Park and Ride lot. D. Diamond Bar Village Project (Southeast corner of Grand Avenue/Golden Springs Drive). ACM/DeStefano reported on the economic situation in the City, and how the City determined it would react to changing conditions at the state level and ultimately position itself within the region. As a result staff worked with developers to determine what types of development would be appropriate to generate the type of development the City would need and how the City should determine what future opportunities were available for development. In addition, the City has lost major revenue sales tax producers and the depth of the City's financial resources is limited and dependent upon the state for subventions that are subject to removal. At this time, the City is concerned with increasing its sales tax revenue through development and has worked to move such projects forward during the past two years. In 2004, the City Council approved the project at Golden Springs Drive and Grand Avenue. He explained the history of the area and outlined the proposed development that would include residential (due to commence June 2005), a major anchor and related business improvements as well as adjacent street improvements with signalization (commencing April 2005). The retail portion results in an anchor store of about 130,000 square feet along with restaurant and ancillary retail. The third component was the proposed expansion of the church. However, the church elected to postpone future development plans except for a parking area adjacent to the anchor retail building to replace the churches current parking spaces. C/Morris asked if the condominium/town home development would be a high-end development. ACM/DeStefano responded that the development was divided into two components, one a traditional Townhome product with units of 1,400 to 2,500 square feet selling in the price range of $550-$600,000.00 and the balance of the project going to a small lot single-family home development of 1,400 to 2,800 square feet with an estimated selling price of $600-$700,000.00. C/Morris asked about the City's plan for the Diamond Bar Honda property, changes at the Diamond Bar Country Hills Towne Center and the Kmart Center. ACM/DeStefano explained that when the City loses the Honda Dealership in early 2006 to the City of Industry, Diamond Bar hoped to preside over the property's destiny. The City of Industry wants to purchase the property, not necessarily good news for Diamond Bar. Cities can purchase land outside of their own jurisdiction, (i.e. the purchase of Tres Hermanos 30 years ago.) Industry wants the property as part of its larger development and staff is working with elected officials and staff of Industry to persuade them not to acquire the property; or, should they acquire the property, enter into an agreement with the City of Diamond Bar allowing Diamond Bar to turn it into another retailer that would generate tax revenue to the City. JANUARY 13, 2005 PAGE 5 T&T COMMISSION Ideally, Diamond Bar would prefer that the property be demolished and turned into a hotel/restaurant opportunity, a significant tax generator. Kmart is a major work in progress. The current property owner plans new development on the site that hinges on the outcome of the Sears acquisition of Kmart. At this moment the outcome is undetermined. Staff is working with the property owner toward a new development on the site. One year ago MCC Capital purchased The Country Hills Towne Center. The owner recently announced that he would move forward with development in a new direction and now plans to focus the center toward an Asian orientation. MCC has a Letter of Intent with a market owner who will operate an upscale, high-end Chinese grocery store. With that anchor in place other business will follow and the center will be re -skinned and landscaped accordingly. Chair/Pincher asked if Auto Club and the theater would remain at the center. ACM/DeStefano responded that tenants such as Rite-Aid would remain until their lease expired. Auto Club owns its parcel and would likely remain at the center. The property owner said he would close the theater in January for major repair and seek a viable operator or close the theater and look for an alternative business. C/Virginkar thanked ACM/DeStefano and said it was very helpful to have a bigger picture about what was happening around the City. He wondered why the project at Grand Avenue and Golden Springs Drive would not have multi -story parking lots. ACM/DeStefano responded that the principle reason was cost. A multi -story parking lot can cost upward of $20,000 for each parking space and the development intensity does not warrant building up. A multi-level parking structure could be feasible for the Kmart property and/or the golf course property due to the possibility of a more intense development. VC/Torng asked if residents were concerned about having a Home Depot in the City and ACM/DeStefano said that some were concerned. Home Depot told Diamond Bar that its store would be similar to the Brea outlet and not to the City of Industry store. ACM/DeStefano indicated to VC/Torng that in his opinion, Target was the lead candidate for the Diamond Bar anchor. Chair/Pincher asked if Montefino residents would be able to walk from their homes to the new shopping center and ACM/DeStefano responded probably not because the slope was too steep. C/Morris offered economical reasons that a Target might be preferable to a Home Depot. ACM/DeStefano stated he would be happy to meet with the Commission upon request. He voiced his appreciation for the Public Works staff that assists the Commission and other staff members to implement all capital improvement programs and process all of the private development projects for the City. DPW/Liu is an outstanding department manager and ACM/DeStefano is thankful for David's presence and for his staff's performance. JANUARY 13, 2005 PAGE 6 T&T COMMISSION AE/Molina reported that SBC is laying conduit along Golden Springs Drive and Grand Avenue in an attempt to increase the telecommunication bandwidth for QTC, a company in the Gateway Center. As a result, traffic along Golden Springs Drive will be affected by lane closures. Verizon is conducting a three-week project on Diamond Bar Blvd, a similar project for a different company located at 1400 Montefino Avenue. X. SCHEDULE OF FUTURE CITY EVENTS — as agendized. XII. FUTURE AGENDA ITEMS: ADJOURNMENT: With no further business to come before the Traffic and Transportation Commission, Chair/Pincher adjourned the meeting at 8:34 p.m. Respectfully, David G. Liu, Secretary Attest: Chair Liana Pincher