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04/16/2002
Tuesday, April 16, 2002 5:00 p.m. -- Study Session CC -8 6:30 p.m. — Regular Meeting South Coast Air Quality Management District/Government Main Auditorium 21865 East Copley Drive Diamond Bar, CA 91765 Mayor Wen P. Chang Mayor Pro Tem Debby O'Connor Council Member Carol Herrera Council Member Bob Huff Council Member Bob Zirbes City Manager Linda C. Lowry City Attorney Michael Jenkins City Clerk Lynda Burgess Copies of staff reports or other written documentation relating to agenda items are on file in the Office of the City Clerk, and are available for public inspection. If you have questions regarding an agenda item, please contact the City Clerk at (909) 860-2489 during regular business hours. In an effort to comply with the requirements of Title 11 of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting, Please refrain from smoking, eating or drinking in the Council Chambers. The City of Diamond Bar uses recycled paper and encourages you to do the same. DIAMOND BAR CITY COUNCIL RULES (ALSO APPLIES TO COMMISSION AND COMMITTEE MEETINGS) PUBLIC INPUT The meetings ofthe Diamond Bar City Council are open to the public. A member ofthe public may addtesc the Council on the subject of one more agenda items audlor other "m oft taost which aro within the subject matter jurisdiction of the Diamond Bar City Council. A request to the Council should be submioed in person to the City Clalc Asa general rule the oppornmity for public comments will take place at the discYaioo of the Chair. however, in order to facilitate the meetm persons who are interested parties for an dem may be rope mad to give their presentation at the time the sham is called on the calendar. The C ' may limit the public input on any itmt or the total ammr ot of time allocated for public testimmy basad on the number of people requesting to speak d the business of the Council. Individuals are requested to refrain bat opersonal snacks towards Cauocil Members or other citizens. Comments which are not conducive to a positive business meeting mviro,m ent arc viewed as attacks against the entire City Council and will not be tolerated Your cooperation is y approetiateed. In accordance with Government Code Section 34954.3(x) the Chair may ftvm time to time dim with public awn ant on items previously considered by the Council. (Does not apply to Coutminee meetings.) In accordance with State Lw (Brown Ari), all matters to be acted on by the City Council must be posted at least 72 hours prior to the Council meeting. In case of omergmcy, or when a subject matte ariam subsequent to the posting of the agenda, upon making certain fundings the may act on an item that is not an the ported agenda CONDUCT IN THE CITY COUNCII, CHAMBERS The Chair shah order removed from the Council Chambers any person who commits the following acts in respect to a regular or special meeting Diamond Bar City Council. A Disorderly behavior toward the Council or any member of the staii theroot trndmg to interrupt the due and orderly course of said meeting. B. A breach of the pear, boisterous conduct or violent disturbance, tending to interrupt the due and orderly count of said meeting. C. Disobedience of any lawful order of the Chair, which shall include an order to be seated or to retrain from addressing Use Board: and A. Any other unlawful mterfereaoe with the due and orderly conduct of said meeting. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COUNCIL Agendas for the regular Dian ruin Bar City Council meetings are prepared by the City Clair and are available 72 hours prior to the meeting. Agendas are available electronically and may be accessed by a personal computer through a phone modern. Every mating of the City Council is recorded an cassette tapes and duplicate tapes aro available for a nominal charge. ADA REQUIREMENTS A cordless microphone is available for those persona with mobility impairments who cannot access the public speaking area. Sign Language in er services are also available by giving notice at least three business days in advance of the mewing. Please teicpbonne (909) 860-2489 between 8 a.m. and S p.m- Monday Uuartgb Friday. HELPFUL PHONE NUMBERS Copies of Agenda, Rules oftbe Council, Casame Tapes of Meetings (909) 860-2489 Computer Access to Agendas (909) 860 -LINE General Information (909) 860-2489 NOTE: ACTION MAY BE TAKEN ON ANY ITEM IDENTIFIED ON THE AGENDA. 1. 2, 3. THIS MEETING IS BEING BROADCAST LIVE BY ADELPHIA FOR AIRING CHANNEL 17, AND BY REMAINING IN THE ROOM, YOU ARE GIVING Y( PERMISSION TO BE TELEVISED. THIS MEETING WILL BE RE-BROADC EVERY SATURDAY AT 9:00 A.M. AND EVERY TUESDAY AT 6:30 P.M. CHANNEL 17. CITY OF DIAMOND BAR CITY COUNCIL AGENDA APRIL 16, 2002 STUDY SESSION: 5:00 p.m., AQMD/Government Center, Room CC -8, 21865 E. Copley Dr. • Review of City Council Goals and Objectives • Discussion re: Options for Landscaping of Private Property Slopes Major Boulevards CLOSED SESSION: None CALL TO ORDER: 6:30 p.m. PLEDGE OF ALLEGIANCE: Mayor INVOCATION: Pastor Mike Gonzales, Diamond Canyon Christian Church ROLL CALL: Council Members Herrera, Huff, Zirbes, Tem O'Connor, Mayor Chang APPROVAL OF AGENDA: Mayor SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Presentation of Certificates of Recognition to Orien Pagan and J.J outgoing Diamond Bar Community Foundation Board Members. 1.2 Proclamation - April 28 through May 4, 2002 as "Law Appreciation Week." 1.3 Proclamation - April 14-20 as "National Library Week." Present to Irene Wang, Diamond Bar Librarian. T N Pro akin, ment n 1.4 Recognition of Members of the Community Services Department fo their Award by the California Parks and Recreation Society on the design f the Recreation Brochure, CITY MANAGER REPORTS AND RECOMMENDATIONS: PUBLIC COMMENTS: "Public Comments" is the time reserved on each meeting agenda to provide an opportunity for members of the public to din APRIL 16, 2002 PAGE 2 address the Council on Consent Calendar items or matters of interest to the p blic that are not already scheduled for consideration on this agenda. Although the ity Council values your comments, pursuant to the Brown Act, the Council gene ally cannot take any action on items not listed on the posted agenda. Please com tete a Speaker's Card and give it to the Ci Clerk (completion of this form is volunt 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 b briefly respond to public comments but no extended discussion anno action on such matters may take place. 5. SCHEDULE OF FUTURE EVENTS: 5.1 DIAMOND BAR COMMUNITY FOUNDATION MEETING - April 18,20P2 - 7:00 p.m., AQMD/Government Center Room CC -8, 21865 E. Copley Dr. 5.2 DIAMOND BAR CHAMBER OF COMMERCE CASINO NIGHT — Apri� 20, 2002 — 6:00 —10:30 p.m., Pantera Park, 738 Pantera Dr. 5.3 CITY BIRTHDAY PARTY — April 21, 2002 —12:00 — 6:00 p.m. Pantera 738 Pantera Dr. 5.4 PARKS AND RECREATION COMMISSION MEETING - April 25, 2002 - :00 p.m., AQMDIGovernment Center Hearing Board Room, 21865 E. Copley Dr. 5.5 SKATE-A-BRATION - April 28, 2002 - 11 a.m. to 3 p.m. - Peterson Park, Sylvan Glen Rd. 5.6 FRIENDS OF THE DIAMOND BAR LIBRARY WINE SOIREE - April 28, 12002 - 4:00 - 7:00 p.m., Shilo Hilltop Suites, 3101 Temple Avenue, Pomona. 5.7 YOUTH BASEBALL CLINIC SPONSORED BY THE KIWANIS CLUB AND THE CITY OF DIAMOND BAR - May 512002 - Heritage Park, 2900 S. Brea Canyon Rd. 5.8 PUBLIC SAFETY COMMITTEE - May 6, 2002 - 7:00 p.m., Walnut/Dianiond Bar Sheriff Station, 21695 E. Valley Blvd., Walnut. 6. CONSENT CALENDAR: 6.1 CITY COUNCIL MINUTES: 6.1.1 Study Session of April 2, 2002 - Approve as submitted, 6.1.2 Regular Meeting of April 2, 2002 - Approve as submitted. Requested by: City Clerk APRIL 16, 2002 PAGE 3 6.2 PLANNING COMMISSION MINUTES -March 12, 2002 -Receive and Requested by: Planning Division 6.3 PARKS & RECREATION COMMISSION MINUTES -February 28,200 - Receive and file. Requested by: Community Services Division 6.4 VOUCHER REGISTER - Approve Voucher Register dated April 16, 2002 in the amount of $502,697.00. Requested by: Finance Division 6.5 APPROVE EXTENSION OF CONTRACT WITH CALSENSE PURCHASE OF IRRIGATION CONTROLLERS FOR LANDSCAPE) IN THE AMOUNT OF $30,000 FOR FY 2001102. Recommended Action: Approve. Requested by: Community Services 6.6 APPROVE MEMBERSHIP IN THE CALIFORNIA JOINT POWI INSURANCE AUTHORITY FOR THE MIDPENINSULA REGIONAL O SPACE DISTRICT AND THE LAS VIRGENES MALIBU CONEJO COUI OF GOVERNMENTS. Recommended Action: Approve. Requested by: City Manager L 6.7 ADOPT RESOLUTION NO. 2002-26 APPROVING A $50,000 MATC ING GRANT APPLICATION FOR LAND AND WATER CONSERVATION FUNDS FOR THE SYCAMORE CANYON PARK TRAILS PROJECT. Recommended Action: Adopt. Requested by: Community Services 6.8 AWARD CONTRACT FOR 2001-02 CDBG SIDEWALK INSTALLA ION PROJECT TO RANCO CORP. IN THE AMOUNT OF $271,16 .50, AUTHORIZE A CONTINGENCY OF $30,000 FOR PROJECT CH NGE ORDERS, FOR A TOTAL CONTRACT AMOUNT OF $301,162.50 AND APPROVE TRANSFER OF $46,000 OF CDBG FUNDS FROM THE COMMUNITYISENIOR CENTER PROJECT. Recommended Action: Award contract, authorize the contingency and approve transfer of CDBG funds. II APRIL 16, 2002 PAGE 4 Requested by: Public Works Division. 6.9 ADOPT RESOLUTION NO. 2002-27 APPROVING INSTALLATIO OF MULTI -WAY STOP SIGNS ON PALOMINO DRIVE AT LA BONITA OAD AND PALOMINO DRIVE AT S. PLATINA DRIVE. Recommended Action: Adopt. Requested by: Public Works Division 6.10 RATIFICATION OF LETTER SUPPORTING AB 2185 TO ESTAB ISH LOCAL NOMINATIONS TO THE LOS ANGELES REGIONAL W TER QUALITY CONTROL BOARD. Recommended Action: Ratify. Requested by: City Manager 6.11 AUTHORIZE D & J ENGINEERING TO PERFORM INSPECTION AND LAN CHECK SERVICES IN A TOTAL AMOUNT NOT TO EXCEED $6,960 OR: 1) FLAGPOLE INSTALLATION AT PETERSON PARK; 2) MONUM NT SIGN REPAIR ON GRAND AVE. MEDIAN AT THE 60 FWY 3) INSTALLATION OF MONUMENT SIGN AT GOLDEN SPRINGS/WEST ITY LIMITS AND 4) PARK IMPROVEMENTS AT SYCAMORE CANYON P RK. Recommended Action: Approve addition to contract. Requested by: Community Services Division. 6.12 ADOPT RESOLUTIONS: A) NO. 2002-27: SETTING FORTH PERSONNEL RULES ND REGULATIONS AND RESCINDING RESOLUTION NO. 2001-4 . B) NO. 2002-28: ESTABLISHING SALARY RANGES AND RATES R ALL CLASSES OF EMPLOYMENT. Recommended Action: Adopt. Requested by: City Manager 7. PUBLIC HEARINGS: 7:00 p.m., or as soon thereafter as matters may be heard. 7.1 PUBLIC HEARING - APPROVE FIRST READING OF ORDINANCE O. 06(2002) APPROVING DEVELOPMENT CODE AMENDME T PERTAINING TO COMPUTER SERVICES/NETWORK GAMING CENTS S. APRIL 16, 2002 PAGE 5 7.2 Recommended Action: Open Public Hearing, take testimony, close Pu lic Hearing and approve first reading by title only of Ordinance No. 06(200?). Requested by: Planning Division PUBLIC HEARING - ADOPT RESOLUTION NO. 2002-29 AUTHORIZING SUBMITTAL OF A U.S. DEPT. OF HOUSING AND URBAN DEVELOPMIfNT SECTION 108 LOAN GUARANTEE THROUGH THE L.A. COU TY COMMUNITY DEVELOPMENT COMMISSION IN AN AMOUNT NOT TO EXCEED $4,000,000 FOR THE SENIOR CITIZEN PORTION OF HE COMMUNITY AND SENIOR CENTER PROJECT. Recommended Action: Adopt. Requested by: Community Development Division 8. COUNCIL CONSIDERATION: 8.1 APPROVE CITY MEMBERSHIP IN THE NATIONAL LEAGUE OF CIT/OS IN THE AMOUNT OF $1,765 FOR THE FIRST YEAR - Continued from A ril 2, 2002. Recommended Action: Approve. Requested by: City Manager 9. COUNCIL SUB -COMMITTEE REPORTS/ COUNCIL MEMBER COMM 10. 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Issue Statement Diamond Bar has numerous locations where private property slopes are immediately adjace t to major boulevards and are very visible. Property owners provide various levels of maintenance ranging from "dirt" to "irrigated with lush landscape." II. Inventory Staff has completed a basic inventory of the slopes along the major arterials and rated the co dition of the landscaping/maintenance of each slope. III. Standards The basic inventory completed by staff includes a rating for the condition of each slope. Foll wing are the ratings and criteria used: A. Irrigated landscaping with lush groundcover with full coverage; very well maintained B. Irrigated landscaping with groundcover with good coverage; maintained in a satisfact ry manner. C. Irrigated or not irrigated; maintained in a neat, clean and weed -free manner. D. Not well taken care of; damaged walls and fences (possibly in need of painting); wee s, debris and general unsightliness; overgrown trees, shrubs and groundcover. F. Damaged walls, fences and/or slope material that should be checked for possible heal h and safety concerns. IV. Observation: If slopes now rated D & F could be raised to a level of C, the aesthetics in Diamond Bar woul be greatly improved. To do this would require: repair/painting of fences and walls on and/or adj ent to slopes; removal of weeds, dead trees, trash and debris; trimming of overgrown trees, shrubs a d groundcover; repair of damaged slopes. V. Options for improving the conditions of slopes: a. Resident Responsibility -- Educational Program with Voluntary Compliance b. Resident Responsibility — Educational Program with Enforcement by Neighborhood It Officers c. Volunteer Work Force through an "Adapt -A -Slope" Program, i.e., DBIA and other com unity service organizations — Organize volunteers to improve and maintain priority slopes d. Place a Landscaping Maintenance easement over priority slopes and fund through L.L. D. #38 e. Establish new L.L.M.D, through Proposition 218 election VI. Recommended Next Steps a. Pursue Landscaping Maintenance easement and fund improvement through L.L.M.D. #38 1. Slope on Diamond Bar Blvd. across from Lorbeer Middle School 2. Slope at southeast corner of Temple and Diamond Bar Blvd. (City Entry Statemen b. Improve slopes adjacent to Brea Canyon Cut-off using L.L.M.D. #41 funds. c. Revise DBMC section 22.34.030 to include landscaping standards for slopes. VII. Direct staff how to proceed with this subject SLOPES ALONG MAJOR ARTERIALS IN DIAMOND BAR (Condition Rating as of 4/10/02) Arterial Location Cross Streets Approximate Length Golden Springs West of Lemon Avenue to West City limits .30 A B,C,D Golden Springs 60 Fwy onramp to east of Lemon Avenue .40 A C,D Golden Springs Copley to 57 Fwy over -crossing .50 A D Golden Springs Copley to Grand .45 A D Golden Springs Grand to Sycamore Canyon Park .21 A Golden Springs East of Golden Prados to Diamond Bar Blvd. .50 B,C,D Golden Springs East of Rancheria Road to Ballena .30 B,C,D Golden Springs Ballena to Carpio .20 B,C,D,F Golden Springs 60 Fwy to Sunset Crossing .40 B,C,D Golden Springs Sunset Crossing to Temple .30 A Diamond Bar Blvd. At Temple .10 D Diamond Bar Blvd. Soltaire Street to Highland Valley .40 B,C,D,F Diamond Bar Blvd. Sunset Crossing to 60 Fwy .20 D Diamond Bar Blvd. Golden Springs to Gold Rush .20B,C,D,F Diamond Bar Blvd. Gold Rush to Tin Drive .20 C,D Diamond Bar Blvd. Gold Rush to Clear Creek .40 3,C,D Diamond Bar Blvd. at South of Quail Summit .10 3,C,D Diamond Bar Blvd. South of Mountain Laurel to Maple Hill 10 3,C,D Diamond Bar Blvd. Maple Hill to Morning Canyon .60 A, 3,C,D Diamond Bar Blvd. Sugar Pine to Brea Canyon Road .70 A, ,C,D Brea Canyon Road South city limits to Pathfinder Road 1.5 mi. C,D Brea Canyon Road Via Sorella to Pathfinder Road .70 A, ,C,D Pathfinder Road 57 Fwy to Diamond Bar Blvd. .60 A, ,C,D Pathfinder Road 57 Fwy to south of Canyon Ridge 1.0 mi. A, Grand Avenue Cleghorn to east city limits 1.0 mi. A, ,C,D,F Grand Avenue Diamond Bar Blvd. to Golden Springs .50 A, ,C,D Brea Canyon Cut -Off East of Pathfinder to west of Fallow Field .45 D Total 12.31 miles * Condition Ratings A. Irrigated landscaping with lush groundcover with full coverage; very well maintained. B. Irrigated landscaping with groundcover with good coverage; maintained in a satisfactor r manner. C. Irrigated or not irrigated; maintained in a neat, clean and weed -free manner. D. Not well taken care of, weeds, debris and generally unsightly. F. Damaged walls, fences and/or slope material that should be checked for possible health nd safety concern. ZZ. 3y C30 f D. Landscape maintenance. Yards and setback areas shall be la dscaped �j with lawn, trees, shrubs, or other plant material, and shall be per anently / maintain in a neat and orderly manner and substantially free of eeds, / debris and dead, diseased or dying vegetation, and broken or de ective decorative elements of the landscaped area. Foliage in iandsca ed areas shall be mowed, groomed, trimmed, and pruned and adeq ately watered so as to maintain healthy growing condition so as not to etract from the appearance of the immediate neighborhood. Irrigation ystems shall be maintained to prevent public health or safety hazards. 2. Paragraph E. contained in Section 22.34. 040, Property Maintenance St ndards, Multi -family Standards, Landscape maintenance of Article III, Title 22 of he Diamond Bar Municipal Code is hereby amended to read as follows: E. Landscape maintenance. Yards and setback areas shall be land caped with lawn, trees, shrubs, or other plant material, and shall be per l maintained in a neat and orderly manner and substantially free ofeeds, debris and dead, diseased or dying vegetation, (e.g., dead branch s, palm fronds, lawns, etc.) and broken or defective decorative elem nts of the landscaped area. Foliage in landscaped areas shall be mowe , groomed, trimmed, and pruned adequately watered so as to maint in healthy growing condition so as not to detract from the appearanc of the immediate neighborhood. Irrigation systems shall be maintained t prevent public health or safety hazards. 3. Residential Zo g District General Develo ent Standards, Table -4 co tained in Section 22. .240, of Article [1, Title 22 f the Diamond Bar Mu icipa[ C de is hereby ame ed to read as follows: Re uiremts by Zoin District Development F tura r ., -f�e RRRLM. Setbacks Re ired Lot /overage 30 percO4 40percel 40 percnt 4 . Subsection 10., Paragraph contained in Sectio 22.42.060, Guest Hous s Parcel Coverage of Articl 11I, Title 22 of the Dia and Bar Municipal Code! hereby amended to rea as follows: 10. Parcel cover e. The guest houses along with the main dwell' g a d any other ac ssory structures, sha not exceed an overall p el coverage of he 40 percent. 5. Subsection 1., aragraph B. containe in Section 22.68.030, R tractions o Nonconformi Structures, Change o, or expansion of, a str ture of Articl 111, Title 22 of th Diamond Bar Munici al Code is hereby amen ed to read as follows: 1. An addition or improve ent is less than 50 percent of the existing squ re footage 3 , + ��jf I " Z,.�"; I ,Th its: _ �F ik t ti ��' � ; 1 � i n �AS�4 �, _ � ,r� 1 11 ; '`Y �. I � �� 'IC K. k I � ,� 4 , � .n7�w ,' � �� N P. ��1 y ti !'* l•ti. S � ,+�" � r �4 �E ,A � � iw► � o�q � „�'� , �' � :i t * �� ^I � �� � 1'1 �� i' ���h � 1�- ���1'I .k � � .: ;��M ' �a ,�.16r�3 � y 1 � ,��� :.�r� �� w r � i. 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I O CD cD CD O CD CL CD r+ n I "LAW ENFORCEMENT APPRECIATION WEEK" April 28 -May 4, 2002 WHEREAS, the week of April 28 through May 4, 2002 has been designated "National Police Officers Memorial Week," as a time to remember and honor those Police Officers who have sacrificed their liv s in the line of duty in the finest tradition of public service and public safety; and WHEREAS, people across America and the County of Los Angeles pause to honor and pay tribute tcthe memory of the many men and women who have given the most that can be given in the servic of protecting and defending the laws, rights and safety of the citizens of this country; and WHEREAS, the City of Diamond Bar recognizes and pays honor and tribute to the men and womeo of the Los Angeles County Sheriff's Department for their ongoing and outstanding professional service for the residents of Los Angeles County. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Diamond Bar, in of "National Police Officers Memorial Week," does hereby proclaim the week of April 28 through 2002 as "LAW ENFORCEMENT APPRECIATION WEEK" in the City of Diamond Bar. DATED: April 1 G, 2002 Wen P. Chang Mayor Deborab H. O'Connor Mayor Pro Tem Robert S. Huff Council Member Carol Herrera Council Member Robert P.Zirbes Council Member 4, Proclamation City of Republic Established 1871 "Growing with the Ozarks" Proclamation 1 of I WHEREAS, the Congress of the United States of America has designated the week of May 1 Pth to be dedicated as "National Police Week" and May 15th of each year to he "Police Memorial D y," and WHEREAS, the law enforcement officers are our guardians of life and property, defenders o the individual right to be free men, warriors in the war against crime and dedicated to the presery tion of life, liberty and the pursuit of happiness, and WHEREAS, the City of Republic, Missouri, desires to honor the valor, service and dedication, of its own police officers, and 1 WHEREAS, it is known that every 57 hours an American Police Officer will be killed in the line of duty somewhere in the United States and 187 officers will be seriously assaulted in the perfo ance of their duties, our community joins with other cities and towns to honor all peace officers everywhere, and NOW, THEREFORE, L Keith D. Miller, Mayor of Republic, do hereby proclaim the week o May 14th to May 20th to be "National Police Week" and call upon all our citizens in this communit to especially honor and show our sincere appreciation for the police officers of this City by deed, remark and attitude to show their thanks to our men who make it possible for us to leave our h rues and family in safety each day to return to our homes knowing they are protected by men wilIin to sacrifice their lives if necessary, to guard our loved ones, property and government against all ho would violate the law. IN WITNESS WHEREOF, I have hereunto set my hand and have caused the official seal of City of Republic, Missouri, to be affixed this eighth day of May, in the year of our Lord, two thousand. Keith D. Miller, Mayor http://www.republicrno.com/proclamations/poiiceweek.htm 14/12/02 City of Lima - Proclamation Page 1 of 2 WHEREAS: WHEREAS: WHEREAS: WHEREAS: Office ot. the Mayor E E 4 `£E t € i i IE ! 11-1,i £.. nd E 4 pie £ The Congress and President of the United States have designated May 15 a Peace Officers' Memorial Day, and the week of May 15 as National police Week; and The Lima Police Department and its Officers play an essential role in the rights and freedoms of our citizens; and It is important that all citizens know and understand the duties, responsibi hazards, and sacrifices of their law enforcement agency, and; The Lima Police Department and its Officers recognize their duty to serve' people by safeguarding life and property, by protecting thein against violenc and disorder, and by protecting the innocent against deception and the weak agai st oppression; and The men and women of the Lima Police Department unceasingly provide a public service. N NOW THEREFORE: 1, David J. Berger, Mayor of the City of Lima, Ohio, do hereby proclaim the http://www.cityhall.lima.oh.us/admin/pr010519.htm 4/12/02 -City of Lima - Proclamation age 2 of 2 of May 13 through 19 as POLICE WEEK in Lima, Ohio and encourage all citizens to commemorate law enforceme officers' faithful and loyal devotion to their responsibilities and to honor t se officers who through their courageous deeds, have made the ultimate sacci ice in service to our community. IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the Seal of the City of Lima, Ohio, this 14th day of May, 2001. DAVID J. BERGER, MAYOR CITY OF LIMA, OHIO Top of Page Mayor's Off ce- - Proclamation List- - Home Page http://www.cityhall.lima.oh.us/adrnin/prO10519,htm 4.12/02 WHEREAS: WHEREAS: WHEREAS: WHEREAS: The Congress and President of the United States have designated May 1 as Peace Officers' Memorial Day, and the week of May 15 as National Poli e Week; and The Los Angeles County Sheriff's Department and its Diamond Bar De play an essential role in safeguarding the rights and freedoms of our citi and It is important that all citizens know and understand the duties, responsibilities, hazards, and sacrifices of their law enforcement agency, The Los Angeles County Sheriff's Department and its Deputies rec their duty to serve the people by safeguarding life and property, by them against violence and disorder, and by protecting the innocent deception and the weak against oppression; and The men and women of the Los Angeles County Sheriffs Department unceasingly provide a vital public service. NOW THEREFORE: the City Council of the City of Diamond Bar, does hereby proclaim the of May 13 through 19 as POLICE WEEK in Diamond Bar, California and encourage all citizens to commemorate la enforcement officers' faithful and loyal devotion to their responsibilities ani,to honor those officers who through their courageous deeds, have made the ultimate sacrifice in IN WITNES hereunto set caused to be Seal of the C California, tl April, 2002. Agenda6A.1 CITY OF DIAMOND BAR CITY COUNCIL STUDY SESSION APRIL 2, 2002 CALL TO ORDER: M/Chang called the meeting to order at 5:05 p m, in Room CC -8 of the South Coast Air Quality Management District/Government BuIding, 21825 E. Copley Drive, Diamond Bar. Discussion of City Council Goals and Objectives Discussion Regarding SigmaNet Agreement ROLL CALL: Council Members Huff, Zirbes, MPT/O' M/Chang, Council Member Herrera was excused. Also present were: Linda Lowry, City Manager; Mike Jenkins, City Attorney; James DeStefano, Deputy City Manager; David Doyle, Deputy City Man ger; David Liu, Public Works Director; Bob Rose, Community Services Director; inda Magnuson, Finance Director; Lynda Burgess, City Clerk; Kirk Phillips, Ass! tant Engineer; Teresa Arevalo, Sr. Administrative Assistant and Todd Strojny, Sr. Administrative Assistant. Discussion re: SigmaNet Agreement DCM/DeStefano explained that the latest offer from Mr. Al Khatib was as foll ws: A three-year proposal with 50% sharing of sales tax revenue. The sales t x is based upon the fact that about 67% of the business is taxable. Based upo h!s current base and growth staff estimates that this three year agreementw uld cost the city about $600,000 - $785,000 over the three years. On Friday, taff received a call from Mr. Al Khatib requesting a meeting with staff to discuss s me of the details of the agreement. Staff anticipated a signature on the agreem nt. However, no signature was forthcoming. Instead, a discussion ensued. M . Ai Khatib wanted to replace the current proposal with a quarterly proposa to generate $50,000 to be eligible for the business expansion rebate. At this p int, staff is asking for Council's feedback with respect to Mr. Al Khatib's la est proposal. He recommended that Council not take action on the matter (item .3) during the regular City Council meeting because Mr. Al Kihatib did not sign he agreement. MPT/O'Connor said she was told that Mr. Al Khatib is contemplating a pos: move to Chino. She was concerned that if Council makes the agreement flexible, he will leave D.B. C/Zirbes concurred. The philosophy is to retain business and not give Mr. I Al Khatib a free lunch until he can cut a deal elsewhere. C/Zirbes would liketo s ay with the three-year plan on an annual basis. The end result to Mr. Al Khatib is the same. C/Huff stated that his concern was that the appearance is that Mr. Al Khatib is trying to cut the best deal for himself as he is leaving town whereas, the Counci 's intent is to work with Mr. Al Khatib to keep him in D.B. He believed the deal the APRIL 2, 2002 PAGE 2 CC STUDY SESSION Council crafted for Mr. Al Khatib is more than fair. He would like Council to with the original agreement. M/Chang believed that Council presented the best good faith offer to Mr. Al Khatib. If the Council does not draw the line, there is essentially no agreement. If he gets a better offer from Chino, he will come back to press us for somet ing better. The $200,000 annual basis is fair to both parties. Therefore, in accordance with Council Member wishes, staff should explain to Mr. Al Khatib that the Council is standing firm on its $200,000 annual offer. CA/Jenkins explained that the redlined contract contains the changes offered by SigmaNet's attorney during their discussions. He encouraged Council to discuss the areas where proposed changes were indicated to see if there are any other areas of disagreement. CA/Jenkins explained 3.2 and 6.2 regarding assignment. MPT/O'Connor voiced concern about overflow parking. The business is gro% and acquiring additional employees and there is limited parking at the prefe location. CA/Jenkins responded to MPT/O'Connor that during preparation of the agreement, he did quite a bit of research. He uncovered a number of publis led and unpublished cases through the court of appeals that addressed the legality of a sales tax agreement held by a general law city. There is case law hat challenges such agreements and case law that upholds such agreements tha he found to be better reasoned. On balance, it seemed to him that there would be a good chance that D.B. would prevail if challenged in this matter. He further stated he preferred indemnity in the unlikely event that someone might sue the City on the threat that somehow this agreement makes the City liable for sc me slip and fall that occurs on their premises. Such an occurrence would likely be covered by the JPIA. In the event of indemnity, SigmaNet would be respons ble for payment. However, SigmaNet's attorney does not want to provide indem ity — they do not believe the situation would arise because it is private property nd a private business. MPT/O'Connor asked for explanation of 6.3. CA/Jenkins responded that 6.3 s a fairly standard provision wherein the City requires that SigmaNet assign t leir rights and responsibilities under this agreement to another arm or subsidiar f of his company. If the business were sold to a third party, that entity would t ien have to obtain the City's approval. C/Huff wanted 7.3.b. at 100% instead of 75%. CA/Jenkins responded to C/Huff that the agreement is being used as a meas The City is not committing any particular dollars. If Council is concerned abOL APRIL 2, 2002 PAGE 3 CC STUDY SESSION putting its dollars at risk, the only way to eliminate that risk is to not payr. AI Khatib until he has demonstrated a full year worth of remittances to the stat . C/Zirbes said that when he read the packet, it seemed that the pro osed changes benefited only SigmaNet and not D.B. His preference was to evert back to the original contract prepared by CA/Jenkins and advise Mr. Al Kh tib of the offer that is on the table. He agreed that there might be hurdles to ove orae such as off-street parking. If the City is establishing policies to attract business, what kind of message is the City sending when it essentially rolls over the benefit of SigmaNet? C/Huff said that when he and DCM/DeStefano originally spoke with Mr. Al K atib, his first concern was lack of parking. DCM/DeStefano was up front in statin that the City would do whatever it could to accommodate Mr. Al Khatib but that was no guarantee that on -street parking would be approved. Council has been ing to find adequate space with adequate parking. C/Zirbes said that while he understood the parking concern, he was uncomfortable making all of the changes SigmaNet requested. There ar no protections for D.B.'s interests. The fact that Mr. Al Khatib is looking to I ave D.B. made him totally uncomfortable about considering any changes t the agreement. M/Chang agreed that the City should stand by its original offer. CA/Jenkins pointed out that one area of consideration is 2.9 — Sigma request to have the City waive permit fees. DCM/DeStefano pointed out that waiving permit fees might provide Mr. Al the incentive he needs to build in D.B. Council reached consensus to direct CA/Jenkins and DCM/DeStefano rein contract in accordance with the preceding discussion and present it to Khatib. 2. Discussion of City Council Goals and Objectives. MPT/O'Connor felt that some of the goals were ongoing. C/Zirbes agreed. M/Chang said that he and MPT/O'Connor would make the appropriate revi C/Huff felt that some of the categories are sub -categories of other goals. M/Chang suggested combining 3, 4 and 5. MPT/O'Connor said that the Parks Master Plan is ongoing. the Al APRIL 2, 2002 PAGE 4 CC STUDY SESSION CIHuff believed that certain objectives related to the Parks Master Plan shou�d be ranked according to priority. Place "Resolve issues concerning City zip code" on the "new" list. "Update General plan to include other needs" — on the ongoing list. Discussion ensued regarding "Review development fee schedules and in residents of needed permits." CIHuff suggested picking a few examples of installations or repairs that reuire permits and launch a public education each year. C/Zirbes felt that bringing these matters up under "new" and enhaced communications would be appropriate. Review of the Chamber of Commerce Contract is a matter related to the bud "Hire a local grant writer who can assist City and various organizations" — n "Resolution of citywide speeding problems." - new ADJOURNMENT: Mayor Chang adjourned the Study Session at 6:40 p.m. td the Regular City Council Meeting. LYNDA BURGESS, City Clerk ATTEST: Mayor Wen Chang Agenda Nc. 6. .2 MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR APRIL 2, 2002 STUDY SESSION: 5:05 p.m., CC -8 a) Goals and Objectives b) SigmaNet Agreement Present. Council Members Huff, Zirbes, MPT. M/Chang. Council Member Herrera was excused. Also present were: Linda Lowry, City Manager; Mike Jenkin Attorney; James DeStefano, Deputy City Manager; David Doyle, Depu Manager; David Liu, Public Works Director; Bob Rose, Community Se Director; Linda Magnuson, Finance Director; Lynda Burgess, City Clerk Phillips, Assistant Engineer; Teresa Arevalo, Sr. Administrative Assistant and Strojny, Sr. Administrative Assistant. Adjourned Study Session: CLOSED SESSION: CALL TO ORDER: PLEDGE OF ALLEGIANCE: of America. INVOCATION: Lutheran Church ROLL CALL: Tem O'Connor, Mayor Chang None 6:49 p.m. The Pledge was lead by Joey Madrid, Boy Reverend Ted Meyers, Shepherd of the Council Members Herrera, Huff, Zirbes, Also present were: Linda Lowry, City Manager; Mike Jenkins, Attorney; James DeStefano, Deputy City Manager; David Doyle, Deputy Manager; David Liu, Public Works Director; Bob Rose, Community Ser Director; Linda Magnuson, Finance Director; Lynda Burgess, City Clerk. City City Kirk Todd Is Pro APPROVAL OF AGENDA: CM/Lowry requested that Item 8.3 be remo ed and brought back at a future meeting. M/Chang requested removal of 8.1 to he next Council meeting. 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Proclaimed April as "Fair Housing Month." 1.2 Proclaimed April as "California Earthquake Preparedness Month." Pre; to Brenda Hunemiller, Area Coordinator, Area D, Office of Di Management. APRIL 2, 2002 PAGE 2 CITY COUNCIL 1.3 Proclaimed April 14 — 20, 2002 as "Safety Seat Checkup Week." 1.4 Presented Certificate of Recognition to Lt. John Bowler, L.A. County Department, upon his retirement. 1.5 Presented City Tile to Tom Sawyer, ProSports, Business of the Month April 2002. 1.6 Introduced Joe Maxey, Team Lieutenant, Walnut Sheriff. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: None Offered. 3. PUBLIC COMMENTS: Clyde Hennessee felt that membership in the Nal.oval League of Cities could be a good thing; however, D.B. is too small tome a difference on the national scene. Marie Buckland complained about drivers racing their vehicles on her street. Jack Tanaka invited the public to attend the D.B. Breakfast Lions' Club "Drum for Sight" event on April 7 from 3:00 to 5:00 p.m. at the D.B.H.S. Theater. Eileen Ansari requested that Council support AB 2185, an amendment to the b and appointment process for the L.A. County Regional Water Control Board. he chastised Council for reducing the number of Concerts in the Park without noti ing the volunteer organizations that the matter would be considered at the Marc 19 meeting. She asked Council to reconsider the matter. She also requested hat Adelphia be requested to attend a future Council meeting and explain fu ds expended locally to benefit the community. She congratulated M/Chang for his appointment as President of the Asian -American public officials group for he National League of Cities. She asked for donations for the Friends of the Libr ry Wine Tasting Soiree to be held April 28th. Jeff Koontz, Exec. Dir., D.B. Chamber of Commerce, announced the F Market would begin April 6, 2002 and continue every Saturday at the Chapel, Golden Springs Drive and Grand Avenue from 9 a.m. to 2 p.m. 4. RESPONSE TO PUBLIC COMMENT: M/Chang said that one of Counci�'s priorities is to address traffic speeding issues. 5. SCHEDULE OF FUTURE EVENTS: 5.1 PLANNING COMMISSION MEETING April 9, 2002 — 7:00 SCAQMD/Government Center Auditorium, 21865 E. Copley Dr. 5.2 TRAFFIC AND TRANSPORTATION COMMISSION MEETING —April 1 , 2002 — 7:00 p.m., SCAQMD/Government Center Hearing Board Roo, 21865 E. Copley Dr. APRIL 2, 2002 PAGE 3 CITY COUNCIL 5.3 CITY COUNCIL MEETING — April 16, 2002 — 6:30I p.m. SCAQMD/Government Center, 21865 E. Copley Dr. 5.4 DIAMOND BAR CHAMBER OF COMMERCE CASINO NIGHT — Ap�ll 20, 2002 — 6:00 p.m. —10:30 p.m., Pantera Park, 738 Pantera Dr. 5.5 13" CITY BIRTHDAY CELEBRATION —April 21, 2002 —12:00 noon t§6:00 p.m. (Carnival Rides continue to 7:00 p.m.) Pantera Park, 738 Panteo Dr. 5.6 FRIENDS OF THE DIAMOND BAR LIBRARY WINE SOIREE -April 28, 2002 - 4:00 p.m. to 7:00 p.m., Shilo Hilltop Suites, 3101 Temple Avenue, Pornona. 6. CONSENT CALENDAR: Moved by C/Zirbes, seconded by CIH ff to approve the Consent Calendar, with the exception of Items 6.4 and 6.9. N otiion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Herrera, Huff, Zirbes, MPT/O'Connor, M/Chang NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 6.1 APPROVED CITY COUNCIL MINUTES - 6.1.1 Study Session of March 19, 2002 -As submitted. 6.1.2 Regular Meeting of March 19, 2002 - As submitted. 6.2 RECEIVED AND FILED TRAFFIC & TRANSPORTATION COMMISf ION MINUTES -- Regular Meeting of February 14, 2002. 6.3 RECEIVED AND FILED PLANNING COMMISSION MINUTES - Re ular Meeting of February 26, 2002. 6.5 REVIEWED AND APPROVED TREASURER'S STATEMENT — month of February, 2002. 6.6 APPROVED SECOND READING OF ORDINANCE NO. 04(Z-002) DEVELOPMENT CODE AMENDMENT NO. 2001-04 PERTAINING TO ALLOWED TEMPORARY USES OF PROPERTY BY TITLE ONLY AND ADOPTED. 6.7 APPROVED AMENDMENT NO. 3 TO CONTRACT WITH DM ASSOCIATES IN THE AMOUNT OF $15,000 FOR AS -NEEDED PLAN ING SERVICES. 6.8 RATIFIED LETTERS OF OPPOSITION TO SB1506 (AMENDING HE REVENUE AND TAXATION CODE) AND SUPPORT OF SB994 (LIABI ITY FOR PUBLIC SKATEBOARD PARKS). APRIL 2, 2002 PAGE 4 CITY COUNCIL 6.10 APPROVED AMENDMENT NO. 1 TO CONTRACT WITH DAVID EV ASSOCIATES FOR AS -NEEDED LANDSCAPE ARCHITECT SERVK THE AMOUNT OF $55,406. 6.11 ADOPTED RESOLUTION NO. 2002-24 IN SUPPORT OF PRI TREATMENT OF METROLINK'S RIVERSIDE LINE BY THE U PACIFIC RAILROAD COMPANY. MATTERS WITHDRAWN FROM CONSENT CALENDAR: 6.4 VOUCHER REGISTER - dated April 2, 2002 in the amount of $684,2 minus P.O. 11643 to ADE, Inc. in the amount of $1,260. MPT/O'Connor explained that the Finance Committee was unable to to consider the Voucher Register prior to tonight's meeting. She aske an explanation of the hours worked by ADE, Inc. prior to approval of 11643 in the amount of $1,260. Moved by C/Herrera, seconded by C/Zirbes to approve the Voucher without P.O. 11643. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Herrera, Huff, Zirbes, MPT M/Chang NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None RITY BION 9.57 for O. 6.9 RESOLUTION NO. 2002-23 AMENDING RESOLUTION NO. 2001-43 SETTING FORTH PERSONNEL RULES AND REGULATIONS TO INCL DE THE CREATION OF A PUBLIC INFORMATION OFFICER ND RECLASSIFICATION OF ASSISTANT ENGINEER TO EXEMPT STAT S. MPT/O'Connor asked for a management plan for the Communicatio & Marketing Division prior to approval of personnel reclassifications. Moved by C/Herrera, seconded by C/Zirbes to adopt Resolution No. 2002 23 amending Resolution No. 201-43 setting forth personnel rules nd regulations to include the creation of a Public Information Officernd reclassification of Assistant Engineer to exempt status. Motion carried by he following Roll Call vote: AYES: COUNCIL MEMBERS - Herrera, Huff, Zirbes, MPT M/Chang NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 7. PUBLIC HEARINGS: None. APRIL 2, 2002 PAGE 5 CITY COUNCIL 8. COUNCIL CONSIDERATION: 8.1 APPROVE CITY MEMBERSHIP IN THE NATIONAL LEAGUE OF CIT ES 1N THE AMOUNT OF $1,765 FOR THE FIRST YEAR — Continued to A ril 16, 2002. 8.2 ADOPT RESOLUTION NO. 2002-25 APPROVING THE NEIGHBOR OOD IMPROVEMENT (CODE ENFORCEMENT) POLICY. MPT/O'Connor asked that this item be continued to a future meeting in order to give her time to digest answers to questions she posed to staff abo t this matter. C/Herrera believed it was important to discuss items in a public forum C/Zirbes explained that the Resolution proposes a proactive rather t an a reactive stance with respect to Code Enforcement and that it attem is to bring a new focus and education to the residential and comm rcial community. Trinidad Dapkus supported adoption of the policy. Martha Bruske did not support job title changes; however, she supporte the Resolution and hoped that it hastened enforcement. She asked if rea tors would be informed and involved. Do the current sign ordinance, pro erty maintenance ordinance, parking, noise, etc, ordinances still exist? Are hey viable? What is the role of the sheriff, fire department and the C ty's landscape contractors? How would D.B. become proactive and not infri ge on people's rights. She still had two major neighborhood concerns that ere not addressed by the ordinance. If this ordinance is to work, Council ne ds to form a dispute resolution committee. Despite her questions, she did not want anything to interfere with the implementation of the program. Clyde Hennessee felt that this ordinance would be very intrusive and sub ect to interpretation. Why not hire Volunteer Patrol personnel to do what t ey have been doing and make sure people are adhering to the ordinances. Irene Kim told the Council about code enforcement problems in er neighborhood. She explained that she had made several attempts to get he problem resolved and finally, as a result of contacting C/Zirbes, the probl m was solved. She was concerned about the City's deteriorating image. S e supported adoption of the Resolution. Stan Grainger also supported adoption of the Resolution. Nina Goncharev thanked C/Zirbes and all individuals who supported t e Resolution. She and other community members had been asking for this r APRIL 2, 2002 PAGE 6 CITY COUNCIL some time and she was very happy that it was finally coming to fruiti Simon Collin wholeheartedly supported adoption of the Resolution. Dick Farrell urged Council to immediately adopt the policy. Marie Buckland supported adoption of the Resolution. Darla Farrell thanked ClZirbes for his efforts on this matter. She Council to adopt the Resolution and immediately begin enforcement th Teresa Quon supported the neighborhood improvement policy. Moved by C/Herrera, seconded by ClZirbes to adopt Resolution No. 201 Motion carried by the following Roil Call vote: AYES: COUNCIL MEMBERS - Herrera, Huff, Zirbes, M/Chang NOES: COUNCIL MEMBERS - MPT/O'Connor ABSENT: COUNCIL MEMBERS - None 8.3 BUSINESS EXPANSION AGREEMENT WITH SIGMANET — Continu d to April 16, 2002. RECESS TO REDEVELOPMENT AGENCY ANNUAL MEETING: M/Chang the City Council Meeting to the Redevelopment Agency Meeting at 8:40 p.m. RECONVENE CITY COUNCIL MEETING: M/Chang reconvened the City Concil Meeting at 8:53 p.m. 9. COUNCIL SUB -COMMITTEE REPORTS/ COUNCIL MEMBER COMMS TS: C/Huff stated that in accordance with his request, each Council Member was g ven a clarification on the City Birthday Party budget. At the recent Tres Herm nos Conservation Authority meeting, Chino Hills Member Jim Thalman stepped dow as a result of Council reorganization. The new Chairman is Gary Larsen. The o her Chino Hills delegate is Bill Kruger with Jim Thalman as alternate. Earlier, a spe ker chastised Council for not giving people advance notice about reducing the nu ber of concerts from 10 to six. Over the years, D.B. has expanded opportunitie for non-profit agencies. This is a by-product of city events, not the reason for the ity events. In fact, the city has increased its events during which non -profits conti ue to have an opportunity to raise funds for their organizations. MPT/O'Connor left the meeting at 8:55 p.m. ClZirbes served as emcee for the Miss D.B. Pageant. The event was well attend d. He attended the D.B. track meet at Walnut High School on the same day. L st weekend, he attended the Easter Egg Hunt, an excellent event. He remin ed anyone with a classic car to participate in the D.B. Improvement Association cla is . I . APRIL 2, 2002 PAGE 7 CITY COUNCIL car show to be held at the City Birthday Party. Last week, the Neighb rhood Improvement Committee met to explore and identify potential programs av ilable to low and moderate income homeowners in D.B. Since the last Council m eting, he spoke with three major supermarkets about the available space in the C untry Hills Towne Center. Two have shown interest in the space. Staff continues t work with the County on the sewer pumping plant issue at the Country Hills owne Center. The County has ordered new parts and filters for the facility. He ished John South a happy 500' birthday. C/Herrera, in response to an earlier request, asked that the Legi lative Subcommittee review AB 2185. She echoed C/Huffs comments about the Co cents in the Park series. The Council has added many significant events and must r main vigilant about budget expenditures. She reported that Lanterman officials have requested that the April 18 meeting be postponed for two months because of b dget constraints throughout the state. Because the State is understaffedt the Department of Developmental Services and the Department of General Se ices, no work has been done on the EIR or to finalize the security plan. The ten ative date for the State Advisory Committee meeting is Thursday, June 20 an the tentative date for the City's Monitoring Committee is June 24. The Stat has committed to a public meeting in September. M/Chang thanked staff for their dedicated work in putting together a successfu 10th annual track meet. He complimented the Lions Club and the volunteers or a wonderful Easter Egg Hunt. He extended a special thanks to the individual who donated 6,000 plush toys that were distributed to the children who participated i the event. He thanked staff for their efforts and thanked the parents for allowing heir children to participate. CM/Lowry reported that due to broadcast problems during this evening's tele ast, the meeting would be immediately rebroadcast following adjournment. Shewas assured that the re -broadcast would be of a higher quality than the live fe d. Tomorrow, Adelphia, SCAQMD and city staff will meet to discuss and resoll the problem. The regular replay will occur on Saturday. M/Chang asked residents to attend the first and future Farmers Market events support the Friends of the Library Wine Soiree. 10. ADJOURNMENT: There being no further business to conduct, adjourned the meeting at 9:15 p.m. ATTEST: Wen Chang, Mayor LYNDA BURGESS, City Clerk Agenda No. 6.2 MINUTES. OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION MARCH 12, 2002 CALL TO ORDER: Chairman Nelson called the meeting to order at 7:05 p.m. in the South Coast Air Management/Government Center Auditorium, 21865 East Copley Drive, Diamo California. PLEDGE OF ALLEGIANCE: Commissioner Tye led the pledge of allegiance. 1. ADMINISTRATION OF OATHS OF OFFICE FOR PLANNING COMMISSIO Administered by Lynda Burgess, City Clerk. 2. ROLL CALL: Present: wlity I Bar, Chairman Nelson, Vice Chairman Joe Ruzicka and Commissioners Dan Nolan, Jack Tanaka and Steve Ty . Also Present: James DeStefano, Deputy City Manager, Ann Lngu, Associate Planner, Linda Smith, Development Se ices Assistant, and Stella Marquez, Administrative Secreta , Lt. Mike Walker, Walnut/Diamond Bar Sheriff Department. 3. REORGANIZATION OF PLANNING COMMISSION: DCM/DeStefano opened the nominations for Chairman of the Planning Commis ion. Commissioner Tye nominated Commissioner Ruzicka to serve as Chairman o the Planning Commission. Commissioner Nelson seconded the nomination. T ere being no other nominations, DCM/DeStefano closed the nominations. Upon Roll Call vote, Commissioner Ruzicka was unanimously elected to serve as Chairman of the Planning Commission. Chair/Ruzicka assumed the gavel and opened nominations for Vice Chairman Planning Commission. Commissioner Nelson nominated Commissioner Tye to serve as Vice Chairma of the Planning Commission. Commissioner Nolan seconded the nomination. Th re being no other nominations, Chair/Ruzicka closed the nominations. Upon Roil all vote, Commissioner Tye was unanimously elected to serve as Vice Chairman of he Planning Commission. MARCH 12, 2002 PAGE 2 PLANNING COMMISSION Chair/Ruzicka thanked Commissioner Nelson for the way in which he conducted meetings — calmly, expertly and inclusively, and presented him a plaque commemorating his service to the Planning Commission. 4. MATTERS FROM THE AUDIENCEIPUBLIC COMMENTS; 5. APPROVAL OF AGENDA: As Presented. 6. 7. 8. CONSENT CALENDAR: 6.1 Minutes of the Regular Meeting of February 26, 2002. CITye moved, Chair/Nelson seconded, to approve the Minutes of the Regular Meeting of February 26, 2002, as presented. Without objections, the motion was so ordered, with Commissioners Nolan and Tanaka abstaining. OLD BUSINESS: None. NEW BUSINESS: None. 9. PUBLIC HEARINGS: 9.1 Development Review No. 2001-18, Minor Variance No. 2002-01, Tree Permit No. 2002-02 and Negative Declaration of Environmental Im act (pursuant to Code Sections 22.48, 22.52 and 22.38). The applicant has requested approval of plans to construct a three (3) story single-family residence of approximately 7,740 square feet with two attached two -car garages totaling 977 square feet on an approximately 57,934.8 (1.33 acres) square foot R-1 (40,000) zoned lot. Additionally, the applicant requests approval of a Minor Variance to deviate from the minimum required front yard setback distance, and a Tree Permit for the removal and replacement of a protected tree species. PROJECT ADDRESS PROPERTY OWNER: 22509 Ridgeline Road (APN 8713-006-019) Diamond bar, CA 91765 Jay Arora 1149 Grubstake Drive Diamond Bar, CA 91765 MARCH 12, 2002 PAGE 3 PLANNING APPLICANT: S & W Development 20272 Carney Road Walnut, CA 91789 DCM/DeStefano reported that the applicant requested that this matter be conti ued to April 9, 2002, in order to give the property and owner an opportunity to mee t and further discuss some of the issues raised by The Country Estates Homeowners Association and adjacent property owner. Chair/Ruzicka opened the public hearing. There was no one who wished to speak on this matter. C/Nelson moved, C/Nolan seconded, to continue Development Review No. 2 Doi - 18, Minor Variance No. 2002-02, Tree Permit No. 2002-02 and Negative Declaration of Environmental Impact, to April 9, 2002. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Nelson, Nolan, Tanaka, VC ye, Chair/Ruzicka NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 9.2 Development Code Amendment No. 2002-01 (pursuant to Code Setion 22.44). This is a request to amend the following Articles of the Development C de: Article II Section 22.10.030, Table 2 -5 -allowed uses and permit requirements for O ice Zoning Districts: Amendment relates to adding computer services/network gaing centers as a specified use with a Conditional Use Permit approval. Section 22.10.030, Table 2 -6 -allowed uses and permit requirements Commercial/industrial Zoning Districts: Amendment relates to adding comp services/network gaming centers as a specified use with a Conditional Use Pe approval. Article illi Section 22.42.035, Computer Services/Network Gaming Center: Amendm nt relates to adding standards applying to this specified use. MARCH 12, 2002 PAGE 4 PLANNING COMMISSION Article IV Section 22.80.020, Definitions of Specialized Terms and Phrases, Definitions, "C": Amendment relates to adding a definition of a computer services/network gaming center. PROJECT ADDRESS: Citywide APPLICANT: City of Diamond Bar 21825 E. Copley Drive Diamond Bar, CA 91765 AssocP/Lungu presented staff's report and pointed out the proposed changes. Staff recommends that the Planning Commission adopt a resolution recommending City Council approval of Development Code Amendment No. 2002-01. C/Nelson asked why staff chose to go with one parking space per 35 square feet as opposed to one parking space per computer workstation. AssocP/Lungu responded that her research concluded that one parking space per 35 square feet was most prevalent. DCM/DeStefano pointed out that the square footage computation is consistent with other types of land use in the city. C/Nelson was surprised at the amount of business that takes place between 10:00 p.m. and 2:00 a.m. He asked Lt. Walker if there are significant benefits to cutting back the hours of operation. Lt. Walker explained that the Sheriff Department has limited experience with this type of business. Problems with similar businesses in adjacent jurisdictions were generated as a result of complaints from adjacent business owners and their customers. The results were loitering, increased trash and debris, possible drinking, smoking, etc. that annoyed other business or their customers. Staying open later at night does not appear to be an issue. The primary concern is for juveniles (under age 18) in relationship to the 10:00 p.m. curfew and the businesses monitoring their customer base. Most of these types of businesses have unrestricted access to Internet sites and the Sheriff's Department is concerned with juveniles viewing pornography. The Department has not encountered anything troublesome after midnight other than previously mentioned issues. C/Nelson said that the city is concerned about taking officers away from their normal patrol duties to respond to disturbances. MARCH 12, 2002 PAGE 5 PLANNING Lt. Walker said that most shift changes take place at 10:00 p.m. and 11:0p.m. From midnight on, the Sheriff Department has a full compliment of early -m ruing officers on duty. VC/Tye reiterated his question about how much business is generated b midnight and 2:00 a.m. Chair/Ruzicka said that on February 26 one of the business owners mad t the assertion that requiring a security guard is too expensive and that security ca eras serve as a deterrent. Lt. Walker said that in his experience, there are some areas that absolutely re uire a security guard. Businesses that generate customer demands that excee the actual business capacity require some type of security enforcement. Chair/Ruzicka felt that the Planning Commission needed to address these is ues up -front because of the bad reputation perpetrated on these businesses by a few individuals. DCM/DeStefano responded that the resolution captures the existing businessesby stating that they must comply with this ordinance within six months of its ado ion date. VC/Tye asked Lt. Walker what the Sheriff Department would do if a minor us�d a computer after 10:00 p.m. while still using the system within their block of tim ? Lt. Walker said that minors could be out after 10:00 p.m. under certain c9nditicIns. He doubts that any law enforcement officer would find a note from the pant sufficient cause to be out after 10:00 p.m. If a supervising parent or adult is Pres nt and assumes responsibility for the minor, there is no violation of the curfew law. In his opinion, it would be incumbent upon the business owner not to sell block of time to underage individuals that extend past the curfew hour. If a minor rema ns after 10:00 p.m. an officer would be obliged to escort him from the business and all the parents to retrieve him. C/Nolan said he observed Gamers-X to be very busy. He believes it is naive to believe this type of business will not generate extra patrol requirements. Is sta's proposal for hours of operation consistent with adjacent communities? AssocP/Lungu replied that the hours of operation vary from city to city. proposal is consistent with the majority of communities. MARCH 12, 2002 PAGE 6 PLANNING COMMISSION Chair/Ruzicka opened the public hearing. Raul Esteves, Owner, Gamers-X, stated that the reason for the percentage of business between 8:00 p.m. and 2:00 a.m. is because those are the hours during which blocks of time are sold which makes it difficult to determine the percentage of business that occurs between midnight and 2:00 a.m. The number of people who remain after midnight varies. Gamers-X provided a lounge/waiting area at the current location. If the Commission determines a definite need for security personnel, he believes it should be during the evening hours when there is greater potential for problems. The requirement for business owners to monitor curfew hours is legitimate. Under certain circumstances, under aged youth stay at the facility past 10:00 p.m. waiting for their parents to leave work and pick them up. He asked that under such circumstances the young person be allowed to remain under supervision until they are picked up. VC/Tye thought 12:00 midnight should be the hour of closing. One item that is no longer contained in the proposed amendment is the requirement that these types of businesses not be allowed within a certain distance of a school. DCM/DeStefano stated that staff determined that while other types of entertainment are permitted adjacent to schools, other than alcohol and adult uses, this type of business would not logically be restricted. However, the Commission may make any requirement it deems appropriate for this land use. Chair/Ruzicka believed the hours of operation could be changed at a future date. He prefers allowing entrepreneurs every opportunity for success in the community. However, language should be included that would allow for the revocation amendment of a permit in the event that the business did not comply. Chair/Ruzicka closed the public hearing. C/Nolan suggested the following language for item a. on page 7 to wit: "Shall provide at least one (1) full-time adult attend or supervisor, 21 years of age or older for each 20 machines." And add language for weekend hours. C/Nelson said he heard nothing from Lt. Walker that indicated the alleviation of problems by closing the business at 12:00 midnight instead of 2:00 a.m. Is there any difference in the need for requiring security during weekdays or weekends. Lt. Walker said that the Sheriff Department has not encountered problems with businesses that stay open later than midnight other than businesses that serve alcoholic beverages or engage in live entertainment. Lt. Walker said that during the school day there would be very little requirement for security. In his opinion, it would MARCH 12, 2002 PAGE 7 PLANNING be more prudent to require security from 6:00 p.m. until closing for all d�ys of operation. C/Nelson moved, C/Nolan seconded, to recommend approval of Development ode Amendment No. 2002-01 with the following change to item a. on Page 7 - shall provide at least one (1) full time attendant or supervisor, 21 years of age or ofd r for each 20 machines. In addition, one (1) security guard for each 20 machines shall be provided between the hours of 6:00 p.m. and closing for all days of oper, tion. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Nelson, Nolan, Tanaka, Chair/Ruzicka NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None Chair/Ruzicka thanked Lt. Walker for his participation. 10. PLANNING COMMISSION COMMENTS: VC/Tye asked what the City is relative to requiring businesses complying with the City's sign ordinance. DCM/DeStefano responded that special promotion signs are considered to be advertising and need to be reviewed. He is not aware of an active case with res Dect to Carl's Jr. signs along the drive-through. However, he will direct staff to reviev F the matter. VC/Tye welcomed Commissioner .tack Tanaka. C/Tanaka said he is honored and excited to join the Planning Commission. He looks forward to working with his fellow commissioners, staff and residents. Chair/Ruzicka welcomed Commissioners Tanaka and Nolan, two of the fist citizens in Diamond Bar. He thanked the Commission for their trust in selecting im as Chairman of the Planning Commission. 11. INFORMATIONAL ITEMS: DCM/DeStefano stated that Commissioners should provide requested informal ion for the city's telephone book directly to AS/Marquez. CC/Burgess has ordered wo advisory guides that deal with conflict of interest laws for local government offic als as well as, the latest version of the Ralph M. Brown Act with respect to open and public meetings. Two projects of note — The Country Estates project previo sly mentioned and the vacant lot adjacent to the Holiday Inn Select in the Gate ay Corporate commonly referred to as "the Dr. Omar parcel." Staff just receive a MARCH 12, 2002 PAGE S PLANNING COMMISSION proposal to construct a two-story 25,000 square foot office building that will likely be considered by the Planning Commission in about two months. He and Chairman Ruzicka will attend the Planners Seminar in Monterey late next week. 12. SCHEDULE OF FUTURE EVENTS: As scheduled. ADJOURNMENT: There being no further business to come before the Planning Commission, Chairman Ruzicka adjourned the meeting at 8:14 p.m. Respectfully Submitted, 1 James DeStefan Deputy City Manager Attest: 6 firman Joe uzic Agenda No. CITY OF DIAMOND BAR MINUTES OF THE PARKS & RECREATION COMMISSION HEARING BOARD ROOM OF S.C.A.Q.M.D.ITHE GOVERNMENT CENTERI 27865 E. Copley Drive FEBRUARY 28, 2002 CALL TO ORDER: Chairman Hull called the meeting to order at 7:03 p.m. PLEDGE OF ALLEGIANCE: Commissioner Torres led the Pledge of Allegiance. ROLL CALL: Present: Chairman Hull, Vice Chairman St. Amant and Commissio Anis and Torres. Commissioner Finnerty was excused. Staff: Bob Rose, Director of Community Services; Gary OI Recreation Superintendent and Marisa Som Administrative Secretary. APPROVAL OF AGENDA: As Presented. 5.3 MATTERS FROM THE AUDIENCE: Roy Wilks, 2702 George Lane, said thata ew years back he attended a meeting during which it was revealed that a survey of 00 citizens indicated that the number one facility desired by the residents was an aqua ics facility. He left the meeting believing that the powers that be would follow through with his request. Four or five years later nothing has been done. We have a community/se for center in process and a skate park has been completed. Nothing has been done about he aquatics facility and as far as he can tell, very little is in the planning stage. He thinks th re should be consideration for what the citizens have requested. Water safety trainin is essential in this area. Siting of such a facility is critical. He urged the Commission to et serious about pursuing an aquatics facility and to begin contemplating a location for n aquatics facility. Responding to VC/St. Amant, CSD/Rose agreed that a survey during City Birthday Pa y as well as a telephone survey revealed the number one desire of the community was to have an aquatic facility. VC/St. Amant agreed with Mr. Wilks that D.B. needs an aquatic facility. D.B. has very I for teenagers and younger kids and he believes it would be a great service to community, provide recreation and water safety education. C/Torres asked how this matter could be brought back to the forefront of the city's g FEBRUARY 28, 2002 PAGE 2 P&R COMMI SION CSD/Rose responded that budget season is approaching and the Commission h s the opportunity to recommend capital improvement (C.i.P.) projects to the City Cou cil for fiscal year 2002/2003. C/Anis agreed with VC/St. Amant and C/Torres. This matter has been discussed o r the past few years. One of the concerns is a potential location. She believes this atter should be placed on the next meeting agenda. Mr. Wilks said there is 2.7 acres owed to the city by the Walnut Valley Unified S hool District that he believes would accommodate such a facility. Mr. Wilks responded to C/Anis that the D.B.H.S. facility is a possible location for an a uatic facility. However, it appears that there is a greater desire for a new gym. C/Torres felt that this matter should be included in the C.I.P. rollout rather than a sep rate agenda item. CALENDAR OF EVENTS: CSD/Rose reported that all events are as scheduled with the exception o the following additions and corrections. Friday, March 8, 2002 — Arbor Day Celebration - Pantera Park — 10:00 a.m. Saturday, March 16 — Adult Excursion to Riverdance — Matinee Performan e — Orange County Performing Arts Center — Food at T. J. Abbey's -- departs City Hall —12:30 p.m. — Return — 8:30 p.m. 1. CONSENT CALENDAR: C/Torres moved, VC/St. Amant seconded, to approve the consent calends as presented. Without objection, the motion was so ordered with C/Finnerty bing absent. 1.1 Minutes of January 24, 2002 Regular Meeting of the Parks & Recrea Commission as presented. 1.2 Transmittal of revised edition of Parks and Recreation Commission Handbook. 2. INFORMATIONAL ITEMS: 2.1 Recreational Program Update — Report by RS/Olivas on the following iter a. Youth Basketball b. Youth Indoor Soccer C. 10th Annual Youth Track Meet d. Adult Basketball e. Adult Volleyball FEBRUARY 28, 2002 PAGE 3 P&R COMMISSION f. Adult Softball g. Community Recreation Guide h. Youth Programs i. Special Events j. Teen Programs k. Adult Excursions I. Concerts in the Park CSD/Rose responded to C/Anis that the Excursion to the Descanso is slated for Saturday, April 6. 2.2 Capital Improvement Program (C.I.P.) Report by CSD/Rose on the a. Community/Senior Center Project b. Sycamore Canyon Park ADA Retrofit Project VC/St. Amant asked if the city plans to do anything with the flat lot al back end of Sycamore Canyon to which CSD/Rose responded that th will be applying for grant monies. The current plan is to use that area trailhead and to improve the trail from the flat pad down to the v -ditches. Hal Sturim memorial bench will be installed on the flat pad overlookinc park. 3. OLD BUSINESS — None 4. NEW BUSINESS: 4.1 Proposed Flag Pole at Pantera Park — Report by CSD/Rose Staff recommends that the Commission recommend approval of installation of the flagpole at Pantera Park to the City Council. C/Anis suggested that if the trees cannot be replanted at Pantera, staff consider replanting them at Sycamore Canyon Park. VC/St. Amant moved, C/Anis seconded, to recommend approval of installation of the flagpole at Pantera Park to the City Council. Witl objection, the motion was so ordered with C/Finnerty being absent. 4.2 Priority of Community Events — Report by CSD/Rose the City 3s a The the the Staff recommends that the Parks and Recreation Commission review sta s recommendation of priority and operation costs for community events a d recommend to the City Council the priority of events deemed appropriate y the Commission. VC/St. Amant recommended scaling down the Veterans' Day event. Fur the Skate-a-Bration is a very difficult event for the Sheriffs Department respect to compliance and he recommended against subsidizing the el C/Anis concurred. FEBRUARY 28, 2002 PAGE 4 P&R COMMISSION Chair/Hull felt that Concerts in the Park is an important community fu coon. He believed that the number could be reduced to eight. He felt the 4m f July event should be maintained as a high priority unless attendance fa Is off. Number 7 (4'h of July fireworks) is too low of a priority for it. The other Commissioners agreed with Chair/Hull C/Torres moved, VC/St. Amant seconded to recommend approval �f the following priority list. 1) City Birthday Party 2) Summer Concerts (8) 3) 4'h of July Fireworks 4) East Egg Hunt 5) Fall Fun Festival 6) Haunted House 7) Winter Snowfest 8) Youth Track Meet 9) Veterans Day (or combined with the 4"' of July Fireworks) 10) Skate-A-Bration (no City subsidy — private provider) Without objection, the motion was so ordered. & ANNOUNCEMENTS: C/Anis reported on her tour of Heritage Park.he Lions Club sponsored a student speaker contest two weeks ago. TWO students from D.B.H.S. competed. Matt Valencia was the winner. Nearl 70 Chaparral Middle School students are Leo members. Several meetings h ve been held and the group is progressing. The Lions Club expects to h ve several of the students helping with the Easter Egg Hunt. She than ed everyone for the opportunity to serve as Commissioner for the Parks nd Recreation Commission. She wished her fellow Commissioners the best nd thanked Marisa for her support. VC/St. Amant reported that last evening he was appointed to the Board Directors of the D.B. Improvement Association. It has been a pleast serving on the Parks and Recreation Commission. He hopes that t Commission will make its best effort to secure more park space for D.B. is deplorable that this city has such a small number of park acres for population. He wished the best to those remaining on the Commission a to the new Commissioners. He thanked staff for their support. C/Torres reported on his tour of Ronald Reagan Park tour. He than! C/Anis for her support and VC/St. Amant for his humor. He is a high pro park user. The Pantera Park reseeding was an embarrassment to the c In some places the grass looks worse than it did before the reseedin Closing of the park deprived users of the facility for six to eight weeks. commended staff and Sara West for a job well done with the Baskett leagues. He is very impressed with the youth volunteers. of re It FEBRUARY 28, 2002 PAGE 5 P&R COMMISSION Chair/Hull told C/Anis and VC/St. Amant that it has been his pleasure t work with them for the past two years. He looks forward to continuing to wo k with C/Torres and the new Commissioners. He reported on his park visi s. He agreed that the Pantera Park reseeding was bad. With respect to Pe erson Park, there were two-inch gaps in the sod in some places. He aske what happened to the Youth Action Committee discussed a few months a o. CSD/Rose responded to Chair/Hull that this program will be presented as a decision package during next year's budget process. ADJOURNMENT: Upon motion by VC/St. Amant, seconded by C/Anis and there being no other busin ss to come before the Commission, Chair/Hull adjourned the meeting at 8:24 p.m. in m mory of Dr. Ron Hockwalt, Superintendent of Schools, Walnut Valley Unified School District. 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FTIPEM` MT TDC _jr�7 KOK- 7 A LAi n SH_u�__, 14NO JOE A GONSALVES & SON INC 0014010 -44000 -- VOUCHER REGISTER DUE THPU: ()4/16.120'2 TNVOIC-E DESCRIOTIDN AMrjLl_NT pp; r_ nq r: T V0, R2 ''STA `;p 440-1 DANINEEF-E/UAB CIEIIR? 7r, : 1 FN TC17, 717N :'L-- '.-kir.-P 'AL F:^ "E -EL -431 T C7 A"- F", r FrA I TOTAL DUE %'ENEM 4, , 411 vt.1 5`47 C. R D—C 011 TOTAL F E P Al S VOK 10,804.Q'-' I S c TOTAL PRIEFAKIS T . -,m rT�. V,: HE R Ir 9.,;. O.'i m T D 7 L DLE_ VENr,'OR �10.0 11°2b CARNIVAL RIDE-BIDAI CELED lo,wo.00 TOTAL PREFAIDS .00 TOYAL VOLIC14ERS 1o,800.00 TOTAL DUE YENDOR. 10,800.oc, 11217 APRIL 02 LEGISLATIVE SVCS -APR 02 3,ocjo.ocl TOTAL PREPAIDS .00 TOTAL VOUCHERS 3,000.02'V TOTAL DUE VENDOR 3,000.00 .RUN 15PTE: 04/11/2()(C 1--:01 vOUC�,---R FEDISTE,--, T FC # r," "WDUNT L -4t�2 qc. -Tp I vr.. 1 7 1 TOTAL V 01-1 i- Pr E Kl� TOTAL ULE VE-r-d"OR DEN -44 I [0'r I R' w I- 2 '!�l 'H i 0 r!�- rL L VEND'04 UEP PEPUNE-Rr-AnP� TOTAL IF R E F A ' D TOTOq, trH:: qS T T T27A� V O,L;, ri PS c7k .1 TC DIE V ."Sq 45. ,7 SUPLILIEE-RIDA" VINT l I F�r ul ; LiEP.", A S p -'-A M' T �j �pp f32SUFF! S R F'TES-5ENEE 'AL 5 1 MAP r" 5"!p p L I E s - p A PIVN, 7 -7" Q MAR 0' SUFPLIR4,ECREATION 53 MAP 02 SUPPLIF-PARKS TOTAL PRIEFAILDS .60 TOTAL VOUCHERS 819.811 TOTAL DUE VENDOR 219.81 L7'c%WE vNI C -HT PAR'. ELF.r' 50 . ofi T D T AL PREF A 1 DS nn TE -r - F AL 14E: P EF S 00, 70TAL DIE vFiN'7-'2P. -30 I. T"',2' 9VI 00 TOTAL PREIFAIDS Ocl TOTP.-- VOLCHERS 90.00 TOTAL 'D'jE VENDOR C/o. 00 NIT 7'}T/.- 1 Tr;Tk- F.PE ILF TC!T�L 4'LI;CrEEE :., <c: L I,w ASEMATES P"' Pr7F.5VC -Fr'": 2001 114.` TOTAL PREPAIOS TOTAL. D'U'E VENDOR LC!^I - �� - LITIES OG1409,?-4232Ci - PUBLICATION -REV MEASURES 610.00 LEASUE MTS -COUNCIL 27.00 04/16/290 ' 50J46 Ocli4riu-4232 -1120 4 32 LEAGUE MTG-COUNCIL 27.00 04/15/200• 50551J "TOTAL PREPAADS 54,W TOTAL VOUCHERS 60.00 TOTAL I€UE VENDOR 114.00 LFARNIM FESC:UFCEB NETWOR 0015350-42,315-- 57204 MEMBRSHP RENEWL-RECREATN 2$5.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 2x5.00 TOTAL DUE VENDOR 295.00 JAG'E E LEGNAR:J-LCLB3 001�7554410C-' T &T COMM -1;10,2/14 90.00 TOTAL PPIPAT.DS .00 TOTA'_ VOUC.�iERS 90.On T,JT,A:_ DUE YEN IG.=; 9U.,iVy , ,.rn!CES LEOPiO 47 ±):� F'�CREA71ON R'Z' UND 255.00 TOTAL FREPAIDS .00 TGTF' VO'JL + Rt 5. 00 1141F'11 SVC C1_ATE C.' 7 ED TOTPL "'0'!cHC EE i q",'. 61. l u -I'(1. Di IE '.iF1 DF. ; 3 _.ria. ,779=��UGA°'I°vL 54iCL-F:LEF .i. ''"S4 S' ATE TOTaS PREPAIIIS Oo T�"AL 4''LUEHSPa 116.27 TMTAI ._;;r �.Mcjpn:, �' , li'_.v; FLN' :,,AT ' `4/1/2�02 \3'01 _____________ FE3ISTEP FUE THRU/ (14V16/2,002 PF,���C F�������E�'-, �� INYcll r�: IOTTfl. Amril 1�,!- �E 474n REI "T '13N REFUw TO?A VOUCHERS 39.On 7oT9� DVE v�W �� 3C.Vv LDS 41,,Z,F ES CDUm r MTP. ��25553'�:535' �1YO4 !/o1v535 MTA PASSES -APRIL 02 E7.5V ��2535o'45533'' 1/9o4 i/010533 CITY SUP0 �,-�PP.{L O2 582.50 TO PREP8In� .nn T0AL VOUCHERS 450, CO TOTAL WIE VEEENDDR 1`45O,0o � �o� :w2�l�G COowT, oz9T�TURN r S—AR.Y RTTCH T'B 17.1.40 TOTAL PREP lDS 178.4S TO', mL VDUCHER .S� TOTol �� YEmDDR 178.43 oe��554'455.7— 11rB0 A9028y8� T8opFTC SIG MAIwTfEB O2 265.O� :(`1551�'455�$— 11392 ARV051V IN JUS TRIAL WASTE -FEB 02 1,443.84 TOT' p9EPAIDS TCTA� TVrDUE YENr?P 1,7OS.Y2 MA�MTEY SupP S-qERlTAsE C[CTR n7.x7 rOdC--HS 177.�r �E�L [6� Ys�C� l77.37 ��E CORP3RATICn nr���5G'455Oo' A���ry ��v2VaY ��GsT�GI�w �DH|R3L �P C� T77oL P6Epo}35 ,0O 701�iL VO�L- h, E: 4.688.55 TOToL o3E V DOK 4,688.55 0T^K!9o-42200 ' ,mO5p oJL rMayOs-PQQL vEV 323.19 ToT�L PKEP lD5 .00 Tor", voUC+�R5 323.19 TOTAL DiJE YEN.OK 323.19 )1255�3'45535 ' 119-07 MARCH 02 UETKOLINK ��SE6 MAR 02 a4,4/7.7a /1Y07 r,ARCx O2 ClTx SU5SlD/-MAR 02 8,�15.8n TOTA4- PREpAI8S TOTAL VO8CHERG 48.04'.50 ToTP� PmE vEWoUR 43,043.5S .RUN DATE: 04/11/2002 13:01:5: —. ; L,- w LN4 v it .9 , VOUCHER REGISTER DUE THRU: 04/16/2002 FbNii'SEGT-CAeGLT-P,',uuECT-ACTT "r'Ci # Ttr'Y01C,E DESCRI"r HON LAUREL ";FTER 4 79t,,; i TO T AL V0,u:;FE„ T.q ,N _; E YEN--ORR T q!FDELc Te_FETERSO PK TpTrL ='r:E"'rliW JDTAL DU- VErrDY5,' rtf'P.T.. __. C: TOTAL PREPA1DS T iTA_ VOUCHERS TOTAL Elln `BEND"Rt 1:.. ' 1 J' ' _ E Q-:-. Ll c PRINT EVC-S-ENIV L PEES Nc,n, 707 rj TUT41. PREPAIDE TS AL vim[' opcp,.c T', 7` I k.`i'-DSR`. O.A UFA ?«S TOTAL VJ" HER TuTA'_ "LE VENDOR _ Dcr` RE R UNI'-r1APLE ::LL TOTAL FF, EPAIDS TO'AL Vn,'J ERS TOTAL DUE �ENDIIR; jn"•v c! v L NG_._: ... _.. �.. 117?0 12220' -nn PMF.S r.5 -r 0V CONS.Ttr n,15 161-4w^19-_ 11"C, 033102-0 PROF. MS-GOU CDN5LTNG 11730 22M`- 04 PRD .5VC5-CC:' rlLIKIS,! Thlr; TOTAL PREPAIDS TOTAL VOUCHERF TILE VENDDR nTDT,A1 .�!!T v 771 >,^cP4 ilsMR FADE: 13 PREPAID MOW DATE k HED; 124. 4_r . .. 4 Ci 466.06 741;, C;0 74 .. 746.3 1 35.Q0 no 50 00 7+!.1 u0 3,240.(10 24n On .00 1 Cc) e'.' 1-5` J T -P F 3 �'E 7 ', �,.EMll 1:1.'.T F UZ Ln!!E Thr; 0 4 2 2' Cs E I F T 101% TDTA� �,gl 1f1,xp:: D 7 1 is TG -A,- DUE VEN-11OR 771-21 l';V-' qV`L-W` 3 2 A 47 7 E"I �, EVrs-wK loc 7 1 " .4 TEMP EVC WK 3 1 T 0 T AL PREPAIT'.1c T GL T A L YOU'CHEREE 1 n76 c 1 -7 t 55 4 P A, TDTP-L V7Url,4r-Pc T -OT A'� DUE Vi"i"210IR ?P01ji r AFI 02 -HEALTH ME F-PEML i%020.2u 11N/1L•/201021 50552 PoMir, FEE' 76,1:.' 04 16 02 PP 2-04 MAR C,2+11EALTH. INE PREF 13,,89" 6-3 04/26/20''' 2 5U514 T017AL P�,EFAIDS TOTAL VOXHER'S 00" TOI AL DUE VENDOR 28,999.96 PF 07/02 RETIRE CONTRIB-EP 3,213.56 04/16/2002 50535 PP 07/02 RETIRE CONTRIP-EF 5,558.46 04,16/2002' 50535 FF o7io,2 5LIKVIVOR BENEFIT 37.20 04/16/200" 5055 TOTAL PREF-Al",c, 11 8 o? .2,21 TMAv- 7 iU�- 1 7 7r1 Fn — iITir, TD V L 71 7 R,- 22,500.0n T & T COM'; -.;/14 45.0'% T07AL FENDS 00 4�. TLf:S rITE'L ` 4- (10 I „ATS: 04'11 rf riv' I TPTIGN r �.T7 PJT�477 DENIES IN- 0-” TOTPp D;7 F cr, —ul C"")4'-. T1TA_ FREA 1 D T DTAL H R S E Y, P RE s S' MAIL E�' PRESS MAT! -FP� 201",2-02 EXPRESS MAIL -[PL 2002-0 L f. C - - EXPPEPIC MAIL -FP' 2001-44; 2� 45 EXPRESS MAIL -FP! 2�01-4' 1`'.45 E XPF ESS MAI' -FPLZ!!0?-44 2-2F T 'A'- !.Uff V""DOP rl 7 n 281 50 L nw,-L- CC n, r7l� !'TG 4ER4: F F. A — 7107AL V E� E R'S .451 T 0 1 Or,- Lulc- VENDT' 7-7.4g; 1-U, :AV, _ Di" 2'A;2 t 2 �3 TP.RK DEF REEFUNIL-CYC CiN 5J.00 Tri A�_ F N�- VLO-1 P,rf 51' 0 Rion) DATE: ri41 +, :521 D .yl,2:02 D �E . C >- F L:EI:, I -hi,l,1-i'�i�tir REINDGRGER FRINTYiER: 0(E1' -j 42110 -- (i14095 -4[110 -- DANIELLE RITCHIE 001 -?47K) -- M n -?475()-- PETER FCDE.R=' -. 1:. - :. VOUCHER' FEGIETER FtiI�rc DDE TEAR,,,: Ct4/16,`2002 r INVOICE C�S�RTPTTCN r^.M4LN 11828 111745 FRINT SVCS -001 REC GUIDE ?7.0i.' 1134 11805 PRINT -MS-COMM .' MR'K'l 4,5_``.18 TOTAL FREFAIDS 0(, TOTAL VOUCHERS 14,526.18 TOTAL DUE VENDOR 14,526.18 47431 RECREATION REFUND TOTAL FREFAIDS TOTAL VOUCHERS TOTAL DUE VENDER PER DIE CFRE CGNF TOTAL rRE-PAIDS TOTAL VDUr.NERa TDT9l I'L'E YEw'D ° -2627 ,27AL IDLE T' TAA p?rl rATr'C TOTAL VDiu! '_P,2 -RS 71 pl-W— Th ;fY,-'^ �S^ �"i11::.i17Nr' �;IIMi'n17-tul���nl TEr-rr . TOTAL VOUCNER.S TOTr _. L,j-: VENDOR r7.,1c, �ErAL A.' -FPL "� T�'AL F'?pp.TpS TCTA' n' E :fEh trDc dL7. cf;. RLIN WE; flq!ll 21r 1 pl;-j7- -7 DUE THRY: 04,11�:/'-:iNY2 -7, FEC RRA T Tr T", F:' T P 7,` f Ju I L i.. 125.0:! 121,5.100 4055 PRO.F.SVCS-EN 00-284 202.50 0 1 4 4 12 17 5 01� 4 6 4 1 i i 4 L:,:" I IESIGIN cl'vL-SMMTr.':,6E SRAT 2,914.5 --�o I I CK 4c'90 FROF.SVES-INEPECTIGIN J 1 � — -69 Ill 4 s "IS I PROF.5Y0-TRFFr' 56NL MAINT '�'96 . 50 OF � 5 C " ft 4 -44'�2'0- - li'lo? 1 48:�4 — I L FR0F.EV--TRFFC GSNIL MAINT 405.OU I 1061,4: �-9.0 PROF.SV05-INSPECTION 27 5, 00 25,15 Iti-4.412-16?'Jl-43412 11085 4890 PROF.SVES-WFECTION 275.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 4,743.50 TDIAL DUE VENDOR 4,7423.50 RU A. CE4 1 !,o, RK S T E S' -7::- 7f -T -A!71 p� N.tul. 71 �rP rN T 57 03 M" lNi C 0 C 7,1- Ql:1:2-1417r 11.41 Cl, -'FA MA I N Ev C S 02 .7 1 pL Epq T C A6. L ZSHERE: TL 34, sumps HE 5 pR�- 'Aw 1, B T Al:Y p R, E, Alves TECTAL V"LICHERS Tri n,-, p, VEEN.- 0 -�L. -rT T Jt T 7 1 �! ; p I- F r11 E p A i r- S -17 1 L : TOTAL DUE VEeCCQ 45- 141 RECREAMN REFUND TOTAL PREPAIDS TOTAL VOUCHERS TOTP.E DUE VENDOR IM-ADU•rc -4741 L I 'RyT v :"Cu. -P,-! T 7 21-'- VENIHER S A 71EC7 L[ T V:l rrT rfk�r -f'T-r -LE- �:--7� ._LEFT SIZE3-TRL, LZ FIC ELECT FV2.0--Pic"T 3"6 N rin AL X,LlC.'--- 42' Inc 7- 4.00 40. FC 40. cio 6C'!- 04 3,780.14 751 -3 31 .72 94 077`L 2 L .�I,, El' o4/1l1J'0:5 WE 7'1RU� 04116/20`2 F�'wD/SE T-ACCT-DP�,JEC -AC: PD # I��lCE DFSC �PTlDN AM�UNr 0ol '5"5.�'45303— zI3/20-P�CF 5Y,IAL� 342.0� TUTAL PREPAlD� .$) TOTAL VOuCHE S 5�2.0S TDTA DUE vENDDR �42.oO MAR� ST. AMANT 0015350'441V0— P & K COMM -2/2'S 4'5.V� TOTAL PREPAlDS TOTk- V3UCMBG 45.0O TOTAL DUE VENDOR 45.t0 STANDARD 5F ORE8DN 001'211O6' PP 05/V7 APR 02 -LIFE INS PREM 62":'.50 04/16/2O PP 05/07 APR 02'SUPF' LIF[ INS PREM 129.60 04/16/200 TOTAL PREpAlUS 753.10 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 753.10 | CLAUDIA STANLEY 001-23002— 5�257 pA0VI DEP RBUND'SUMMITRO13 1"). 00 TOT AL PRBAIDS .00 TOTAL VDUCHE S 50.00 0TAL DUE V£NQUR 50.00 STATE GF CALlFURmlA O0�'21�L4' PPO5-07 SALAKY ATTCHy�'CS97r��S2 28R.23 O4/\6/2o02 ?O -,'AL FR[P0lDE 77,-!i YOitC'HER� .vo 7'-' 7A DL"E vENDOR 0100V215-lM FLIES'PU1.110 WDRxC, TOTAL KEPA1CS .V0 TOTAL VOUCHERS TOTA1, DUE VE&DDR PlTI STIrH 03� 2472V ' 47"�'7b REC-REAIlUN REFUND 33.0o TOTAIL PrEPAlDS .0* 7CTAL VOUCHERS 38.m) TOT AL OUE VE1D2e 3S.00 V'�l�850'o�2no SUpP�IES'RECR�AT�Oe 34.93 T[�AL "�Er��D� .00 TOT A' YOuCHERS 3o.9V TOTAL DUE yEh112�, 34.Y3 TEwK�S A:Y�m� '45J00' 1\637 MNnKA-1T CLASS-WINT-K 345.1Y TDTAi PREPAl3S .00 TOTAi VOU�H[�� 345.lo TOTwL� oUE v[wDOR 345.10 5- D-, DL 7 WE - 277 AT10"ll"SHOP MAP - APP� 1'r- f%. (yri 1 -0 -A�.l F- - AI -EAC7ER EDO HUN7 MAR TOTAL PREPAIDS 00 TOTAI: VOUCHERS 05,, tln TOTAL WE VENDOR 73NY TGF-�� T F. T COM13-3/14 TOTAL Q-01CHE-ERS 45 ..TZ P R71N T,-IRRE, TOTAL -7p E-7 E rERSON PIP, 9" C MA -PARKS FEB it' '40 67 r, -,rc 41 A 21 0 1, -.00 411 DE MAIN7-DIST 39 FEE 3,9°7.50 LjWID5 MA -D JN7 1ST 8 FEP 3 '4' 2' 21 4' 1 to 1 S?Z4'� 7 Aill"! NAINT-PARkS 4' 1 .4L �Wl DE 'MAINT-PARI-I JAN 1'3,4N. 67 I K:�553`- 422 1114- 169lQ75 474P A 0 12. m 11 r1i I sr "I C, 1 2W . 00 - Al' �,:- MAINT-DIST 56D. 00 '50 1 i456 1"11"'"'1L..._ r,r, A—L MAINT-DIIST -"8 1. 4K. 00 1145,, 169/991160 ANL MAINT-DIST 39 114526 I L 9 1915'451 1 -11 ADDL 11A7;NT-qy-' N: -.- 1; 00 11451, ANL MAINT-PPTERSON °s'.47-.00 -" 17 AiN 41 911`55' 6714 TCTi3 CHAINT-r 114`6 1 IL r 1`91.71:= qn i MAINT-SYC CYN 0 1 5':, 1.--42"21,.;_ 11456 16!19917411 AUDI MAINT-PARKS 11456 16,9i9OIL-41ADDL MAINT-HERITIAGE FK 441.00 TOTAL PREPAIN .00 TOTAL "I'DUCHERS 49,770.911 TOTAL DUE VENDOR 4',770.91 .Rum DATE: 04/11/200 13m1:53 VOUCHER REGISTER DUE 7HRU' 04/16/2'00 F��D/SECT'AC�7-p��JECT-��T F� # I��lCE 2ESC9lPTI0% 4�2u%r DATE TOT�L PRE AIDS .Vv TOTAL YOU[HERS 745.0� TDTAL DL:: VEN3D UNITED SEPvTCB 51�'42�i�— BULk wA�L�7 6: 3 T0AL '�'F PH T[lq roTm_ VDUCHERS TOTAL D111E »EN0OR 2,683,Oo oo1«o9�'4212o- POSTAGE Coa�GES'REN��A� �25.0' 707L PREPAIDS .oO TOTAL vOU�PIEBED n� T0l4L -!-;E-DG \��R VAN W'}NuLEE oFFlLIoTES 11 AF'R IL � 2�YHfEC [,C,U��ATN'AP� 2WD 75c.00 TOTAL PREPAlDS .100 TVT�L V�U��8� 75O.�O 7DTAL 5U[ VGND3R 750.0O o��lI3N C/LIF�P�I� 00153�O-42�2�— 9O98619��7 PH,SV[:2-,-MAFrd HILL PK 9O.73 �&4;Y�'��iZ5' 9��S��3195 PH.SVCS'6LD5 & gRY 15�.�@ O9��34V'42125— ;�95;491D M,.�vCS'R REAGAN PK 90.73 1185O98'42l2�' Y093;�^nJ5 PH ��E��M0E ACCESS r5.95 SuiHO27PH.svC6'INTEpIMET L1�1E6 E,22.13 70"TAL PRIPAI3S .A0 TC[A- YOJCHEFS z,251.z2 T�plL. D�� VEi'GR VERIZON w�RFLEB'LA oo�4o9�'42�25— ��L CHARCB-G�N KA� 22.3l 0vz4O�n'42�25— ClI- C HARCEcS'GENE R AL 2[2.53 126441�-42�25-' ��L CHAR�[S'S��lFF 4S.39 00l40�0-42125— CELL CyARG S'EMER PREP 115.5� 42' 2'-C-- C202 cEU ' [HoRGE 'CnU ClL Y6.48 011114010-42125'CC402-42125 CELL CHARGES—COUNCIL 90.47 O0\�03o'42�25-' CELL CHARGES -CMF 118.43 TOTAL PREPAIDS ,00 TOTAL YOUCHEPS 694.37 TOTAL D�E VENDOR 694.37 ��RESH VEP�o O- 34729 474Y7 RECREATION REFUND 76.clO TDTAL PR[PAIDS .[m TOTAL VOUCHERS 7z, r) �OTAL '-UE v[AJDR 76.VO ° DATE, 04 t'; `TrtrL F�E c F` 7 nq T,.-�: 1 1 APF, o2 -VISION pK.M711w,� -1. 04/1,,�2'2.. J. 1 0 T 3'" P nt.;:n A I S 4' !�TP - V 0 2DE P LEE c E ".. I DT L!,- DUE YENNR 1 7 A 4 C R P. T 0 R, EIF U N L 7,S7A! TOTAL VDUui?ERF TOTAL DICE VENDOR C 2, .0 AT I 11t. SUFPLIES-RECRE I TOTAL FH0ATr1,c1 TOTAL VD,UrHERS -1-PT AL DiE �;EILDD' 7-25.7, WALi" LIT HIGH K' 011 K15350-41200-- SUPPLIES-RELREATION 108.75 TOT AL PREPAIDS .00 MTN- VOUCHERS I V,'. 75 TOTAL DE VENDnp, 108.75 WP,LNJT VALLE i EDL -E! GPrAL 'Fn-uNluq-- IN C'114010-4235--- COMIMUNM ORG 511PPOIRI FND 100.00 L T C, A.:. QuiLnZRS TL 7L,1 0". IF L "P, R7 A TS L - 1 '11 - 3 1". 6 02 ?0' . C�o TTA . - FFIEFAIDS — 1 .00 TOT N- V,--1JCHEFE '7Z F. C 42" tiiA7 t TOTAL PILRIENIIIF'S' N TDIAL VDZ'HE-�S 1 3 15 72' TCTP.:- DUE VEMIDOP �!FLLS FARM CARE SERVICU nr1t4 ^i4 jO?-42'2"-- i,X152,11`-A ?-:1-- ;=S7 tat'^T At'n X'TFT:`-w INC 1:1cc tc - 114--1_ 1-; 1h1r,C" 1KITCFhtCT is :`EL TOTAL VOUCHER: TLT'A- DUE VE'ND105: �, PLMNIERS C I ST `ct"C DE TF: PUS 'CAT! 0–NI-CALPSEtz, PANK CHwF:,=EE LEGISLATIVE �M175-DESTEFANO TOTAL PREPAI?D5 TOTAL VOUCHERS TOTAL DUE VENDOR 111']1-- h'Z` 6f _z TREE P'I l,hIT7 Alf TfEE R=LAIA17 y?; :—:t rzwr -rp.E e, FES r:2 ;111_" y1 . - 'r. • r." ^.0 _ TFEE h IN ! 1 ' !" '"r.lrITEN nr-- yi n- — 11_`2 4`:' LL_ AU-t!ur' CELE2,1C9. F;1".;" A"-p/nAY,EGG Hi�2NT 'MAR rs_r 777.'_ Ps=.LFATD9 TOTAL VUR C4r_RS TDTiA' L�`t EeF:.IL TOTA'_ PFU- HS TOTAL,- TOTAL DLit VE,„- YQR CPRS C9N1:- ;1w CP7V2. 71.T;A,' F'E:FGuTF;c _79T _ 11r3I IEWCPG TG' 1 '',,tENDOR, on =nn 04/1y 122, 19 .0o 1,236.19 12..5'^4/16; 20,",2 ii7.Sn , i,li 12M0, K.n"., 04!16120 hf5, rih nn S RL 1t, IiATG„ 04111'200 i� T7TA� rV06ENFP FEGISTE^;^ PACE• iY PEFL!F; TOTAL DUE ThRJ, 0411IB,1120 `CiHL PREFAIL° rr 4 i�'�'i'iaAl.�. DESKRIFTIQN AMOUNT DATE WCl.L! WILE FIMM SUPPLIER 11 341` 0020 3i1F`FLIE:,-.5R FIN3C c7.51~ TUTAL SREFAIDS TOTAL VUJ',-;ERL c.'. PALL-;IGhT 14 AN SVC:-K,CC 3126,4/" .262".50 TTA� uC7R- 'T A. -DUE VENDOR ter: w.Jwr_v .. E2 ,` 4:.. ;aEQ SAINT -FEB 02 y�CCM TC TFC CGAT riQ nn TOTA-1- U'E VENDER 12 00 ,-.rnR: T7TA� F'F;"cPAIIu 1144 PEFL!F; TOTAL ';11-CHE`5 `CiHL r rr CITY COUNCIL TO: VIA: TITLE: Honorable Mayor and Members of the City Council Linda C. Lowry, City Manag�141 Agenda # — Meeting Date: AGENDA REPORT AUTHORIZATION TO EXTEND VENDOR SERVICES FOR CALSENSE TO PURCHASE RADIO CONTROLLED IRRIGATION CONTROLLERS FOR Cl' MAINTAINED LANDSCAPE AREAS IN THE AMOUNT OF $30,000 FOR T FISCAL YEAR. RECOMMENDATION: Authorize the extension of vendor services. FINANCIAL IMPACT: Funds for these services are already included in the 2001102 fiscal year budget. BACKGROUND: There are many landscaped areas in Diamond Bar that the City is responsible for maintaii irrigation systems to these areas are controlled by irrigation controllers. Many of the exist controllers need to be replaced due to excessive wear. Staff has determined that Calsem Controllers are the best replacement model because they provide the necessary technolo professionally irrigate these irrigation systems and are easy for our contract maintenance worst with. HE 2001102 ing. The ig irrigation e Irrigation ly to vorkers to DISCUSSION: Per the City's Purchasing Ordinance, awards for services to a single vendor in a fiscal year shall not exceed the City Manager's purchasing authority of $15,000 without prior approval from the City Council. Currently, Calsense has provided a total of $14,827.42 in services, and staff expects to have expenditures that total up to $30,000 this fiscal year. REVIEWED B Bob ose Community Services Director J es DeSt fano Deputy City Manager CITY COUNCIL TO. Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Managvl�4 Agenda # Meeting Date: AGENDA REPORT TITLE: Membership of Las Virgenes Malibu Conejo Council of Governments and t Peninsula Regional Open Space District into the California Joint Powers In Authority (CJPIA) RECOMMENDATION: Mid- rance The CJPIA Executive Committee recommends that the City Council approve the memberhip of both the Las Virgenes Malibu Conejo Council of Governments and the Mid -Peninsula Regional Open Space District into the CJPIA and authorize the Mayor to execute the consent forms for ea h as the City's delegate to the CJPIA Board. FINANCIAL IMPACT: Approval of the Las Virgenes Malibu Conejo Council of Governments and the Mid -Peninsula Regional Open Space District into the CJPIA will have no financial impact on the City. 1 BACKGROUND/DISCUSSION: The CJPIA is a self-insured pool of 88 cities and other public agencies which provides sev ral types of insurance to its members, including liability protection, worker's compensation, special aent coverage and property and environmental insurance. In order to gain admittance into the CJPIA, the prospective agency must undergo a proces that involves several steps. For one, the agency's legislative body submits a request for rn rship to the CJPIA. Soon thereafter, a member of the CJPIA will visit the agency and discuss the a ailable programs and necessary procedures for membership; among the requirements is for the ag ncy to pay a $1,500 fee which is used to offset the administrative costs involved with the applicatio process (or refunded if they are not admitted into the pool). After processing the application, the CJ lA will conduct a risk management audit of the agency, which takes into account their loss experie ce as well as their commitment to implementing risk management procedures. Once this process is complete, the application is submitted to the CJPIA Executive Committee for their review. I recommended for approval, then the agency's application is submitted to the CJPIA Boar (consisting of all member cities) for consideration. Both the Las Virgenes Malibu Conejo Council of Governments and the Mid -Peninsula Re ional Open Space District underwent the above process and were recommended for approval y the CJPIA Executive Committee at their meeting of March 11, 2002. In order to be officially i cluded as members, the Las Virgenes Malibu Conejo Council of Governments and the Mid-Peninsul Regional Open Space District must be approved by a two-thirds majority of the CJPIA Bo rd, which is comprised of one elected official from each of the 88 member cities and agencies. Attachments: Application for membership from the Las Virgenes Malibu Conejo Council of Government; Application for membership from the Mid -Peninsula Regional Open Space District Ballot for approval of the Las Virgenes Malibu Conejo Council of Governments into the CJ Ballot for approval of the Mid -Peninsula Regional Open Space District into the CJPIA PREPARED BY: Todd Strojny, Senior Administrative Assistant REVIEWED BY: David Doyle, Deputy City Manager CALIFORNIA JPIA AGENDA REPORT To: CITY MANAGERS COMMITTEE From: William Holt, Executive Director By: Jonathan Shull, Assistant Executive Director Date: March 11, 2002 Subject: Consideration of Membership for the Las Virgenes Malibu Conejo Council of Governments The Las Virgenes Malibu Conejo Council of Governments has submitted an applica ion to become a member of the CALIFORNIA JOINT POWERS INSURANCE AUTHORITY. Staff reviewed the application materials and then visited with the LVMCCOG to review is operations and to meet with members of the staff. The application and the report o the evaluation are attached. As indicated in the report of the evaluation, the LVMCCOG conscientiously applies management principles in its operations. The COG's staff displayed an understand: and commitment to risk management. LVMCCOG is a relatively new organization, and has not carried insurance for its operations in the past. Based upon the few anticipated exposures presented by the LVMCCOG's operations, the annual primary deposit for the General Liability Prog is $2,500. This amount will be prorated to reflect the COG's actual membership dal It is staff's recommendation that the City Managers Committee consider the applic of the LVMCCOG and recommend a favorable action by the Executive Committee the application. Las Virgenes Malibu Coejo Council of Governor nts Application for Membership CALIFORNIA JOINT POWERS INSURANCE RUTH 8081 Moody Street, La Palma, California 90623 (562) 467-8700 • FAX (562) 860-4992 CALIFORNIA Las Virgenes Malibu • P I A CounclI of Governments APPLICATION FOR MEMBERSHIP INSTRUCTIONS: Please complete the following underwriting information. You may additional sheets, if necessary, to amplify your answers. The application should be sig the City Manager. Please type your answers. Date of Application: Date of Incorporation: January 20, 200 NA CITY OF: COUNTY OF: ADDRESS: RITY TELEPHONE: 81 968-9088 FACSIMILE: (909) 592-0149 C'jyX&W�i Executive Director: Ter FINANCE OFFICER: RISK MANAGER: 1. POPULATION: 2. AREA: 3. BUDGET INFORMATION: Dipple ttach ied by —5 Cities: Agoura HIlls, Calabasas, Hid + en Hills, Malibu & Westlake Village *Include Redevelopment Agency and/or other covered Agencies Page 1 of 7 TOTAL* OPERATING BUDGET TOTAL* CAPITAL BUDGET TOTAL PAYROLL* TOTALS RN PAYROL FY 2001-02 1-00-909 n 65,000 0 FY 2000-01 0 000 0 FY 1999-00 20,000 0 20,000 0 FY 1998-99 - FY 1997-98 - - - - FY 1996-97 FY 1995-96 FY 1994-95 FY 1993-94 *Include Redevelopment Agency and/or other covered Agencies Page 1 of 7 4. EMPLOYEE CENSUS: (No. of full-time employees) Clerical Office (8810) Municipal Non -Manual (9410) o All Other Municipal (9420) 0 Fire Fighters (7706) p Police Officers (7720) Bus Operators (7382) n Pilots (7425) 0 Other (Designate Class) TOTAL FULL-TIME EMPLOYEES 0 The organization employe a part-time consulatnt who serves a Executive Director and contracts with an attorney for legal ervices. 5. CURRENT INSURANCE PROGRAM: (Or last insured year) None In addition, please submit the face sheets of all current policies. A. GENERAL LIABILITY COVERAGE: (Claims made or occurrence, please 1, Primary Coverage: Carrier: _ Policy Period: Occurrence Limit: $ Premium: $ Deductible/Retention: $ Claims Administrator: $ EXCESS LIABILITY COVERAGE: $ Excess of $ Carrier: Policy Period: Premium: R Carrier: Policy Period: Premium: Carrier: Policy Period: Premium: Excess of $ Excess of $ Page 2of7 B. WORKERS COMPENSATION COVERAGE: Primary Coverage: Carrier: Policy Period: Premium: $ Employers Liability Limit: $ Deductible/ Retention: $ Claims Administrator: Excess Workers Compensation Coverage: Excess of $ Carrier: Policy Period: Premium: $ C. PROPERTY INSURANCE: 7. Coverage: (Replacement cost or other, please specify) Insured values: $ Buildings: $ Contents: $ Vehicles: $ Other: $ Total Values $ Carrier: Policy Period: Premium: PLige 3 of 7 7. GENERAL EXPOSURES: Number A. Waterfront Property: n B. Cemeteries: p C. Housing: n D. Libraries and/or Museums: E. Parks and Playgrounds: fy F. Stadiums and/or Grandstands: G. Swimming Pools: n H. Golf Courses: I. Police Horses: p J. Police Canines: K. Auditoriums and/or Exhibition Halls: L. Community Centers: 10 M. Buildings Leased to Others: Q N. Land Leased to Others: O. Buildings and/or Land Leased by Organization: P. Hospitals: n Q. Airports: a— R. Fixed -Wing Aircraft: S. Helicopters: 0 T. Permits: 0 Construction: CL^.___ Demolition: 0 Environmental/ Hazards: 0 -- Other: 8. VEHICLE EXPOSURES: Number A. General Vehicles: Passenger: Pickups/Vans: n Construction/ Heavy Equipment: p Other: B. Emergency Vehicles: Police: Passenger: Motorcycles: Pickups/Vans. Fire: Passenger: 0 Pickups/Vans: Apparatus: _ C. Public Transit Vehicles: Passenger: Mini Buses/Vans: Buses: Page 5 of 7 9. ROADWAY AND TRAFFIC EXPOSURES: A. City Streets: (miles) (1 B. County Roads: (miles) C. State Highway: (miles) D. Traffic Signals: (number) E. Parking Lots: (number) 0 F. Parking Meters: (number) _ 0- G. Sidewalks: (miles) 10. POLICE SERVICES EXPOSURES: A. Number of Sworn Officers: Full-time: Part-time: B. Number of Reserves: Level I.- Level :Level II: C. Number of Police Stations: D. Number of fail Facilities: Number of Cells: E. Is there a Policy and Procedures Manual? F. Is there a written Pursuit Policy? G. Is there a written Policy on the use of Firearms? H. Is there a written Policy on the use of Canines? 11. FIRE SERVICES EXPOSURES: A. Number of Sworn Fire Personnel: Full-time: Part-time: Volunteers: Paramedics: B. Number of Fire Stations: UTILITY SERVICES EXPOSURES: A. Water Department - 0 0 0 0 0 Cl ,n Please submit an inundation map showing location and describe each dam. Number of Employees: Average capacity/day: Domestic: Industrial: Source of supply: 0 5. Reservoirs: Number: p Capacity: Type: 0 6. Storage tanks: Number: 0 Capacity: 0 Type: n 7. Source of water supply: B. Sanitary Sewer Service: Number of employees: r _ Average capacity/day: Level of treatment: Effluent discharged to: 0 C. Service Suppliers: Electrical Power: n Natural Gas: Telephone: p Cable Television: _ -0 Water: (if private) Solid Waste Disposal: .0 13. Please include material information not requested on this form. ACKNOWLEDGEMENT (To be completed by City Manager): All of the above information, including attachments, has been fully disclosed. The CALIFORNIA JPIA may rely on these answers, including attachments, when considf application for membership. NAME: DATE: SIGNATURE: I,,t__�✓i �� i Page 7 of 7 this CALIFORNIA JPIA MEMBERSHIP APPLICATION 0 0 0 0 0 0 0 REPORT OF INITIAL RISK MANAGEMENT EVALUATION of the LAS VIRGENES MALIBU CONEJO COUNCIL OF GOVERNMENTS .owes.. I. GENERAL INFORMATION A. Date of Survey: February 25, 2002 B. Participants in Survey: 1. For California JPIA: Jon Shull, Assistant Executive Director 2. For LVMCCOG: C. Description of Applicant: Terry Dipple, Executive Director Larry Weiner, COG Counsel, Richards, Wa & Gershon The Las Virgenes Malibu Conejo Council of Governments (LVMCCC was formed in 1998 under a Joint Exercise of Powers Agreement to address issues of area -wide significance. It is comprised of the Cities of Agoura Hil Calabasas, Hidden Hills, Malibu, and Westlake Village. LVMCCOG works in conjunction with the Southern California Association of Governments, the Metropolitan Transportation Authority and other levels of government in addressing transportation, planning and other issues. LVMCCOG is governed by a 5 -member Board of Directors composed one Council Member from each member city. The Board of Directors meets monthly and is responsible for setting operating policy and overseeing the A of the Executive Director. The Executive Director is an independent contract who carries -out the work program of the LVMCCOG. Page i of 3 A Technical Advisory Committee that meets monthly assists the Boar of Directors. It is primarily composed of City Managers of the member cities. In addition, an Overall Work Program Committee meets periodically to review projects. The OWP is composed of traffic engineers, planners, and other technical specialists. The LVMCCOG's 2001-2002 operating budget is approximately $100,000. This includes the cost of the contracted Executive Director and the services of the COG's legal counsel. LVMCCOG does not own any real or personal property. Committee meetings are held at the various city halls of the members. During the risk management evaluation with the LVMCCOG staff, they displayed knowledge and concern about risk management issues. Agreeme is into which LVMCCOG has entered were reviewed, and they reflected this commitment through appropriate risk transfer language. II. CURRENT INSURANCE PROGRAM Since its formation in 1998, LVMCCOG has been without insurance due to its limited scope of operations. III. EXPERIENCE AND LOSS DATA LVMCCOG has had no general liability losses since its formation. LVMCCOG has had no workers' compensation losses since its formation. LVMCCOG has had no property losses since its formation. IV. APPLICATION FEE AND DEPOSIT COMPUTATIONS A. Application Fee: LVMCCOG will be paying a $500 application fee as part of the process. B. General Liability Deposit: The annual general liability primary deposit was established at $2,50(. The deposit was established based upon the anticipated claims activity of th LVMCCOG and the minimum imputed payroll. The deposit will be prorate I to reflect LVMCCOG's actual membership date. LVMCCOG is interested in jo nin as soon as possible. Page 2 of 3 V. PHYSICAL INSPECTION AND COMMENTS A. LVMCCOG ADMINISTRATIVE OFFICES The LVMCCOG does not have an administrative office. Meetings at the various city facilities of the members. VI. SUMMARY AND EVALUATION LVMCCOG's leadership understands and is committed to the concept of ri management and is aware that hazardous conditions need to be evaluated and addressed to reduce exposure to loss. It is the CALIFORNIA JPIA staff's conclusion that the loss experience, magnitt exposures, and interest expressed qualify the Las Virgenes Malibu Conejo Council Governments for consideration for membership in the CALIFORNIA JPIA. We also find that membership will be of advantage to the LVMCCOG by providing reliable and economical coverage, and it will be advantageous to the CALIFORNIA JPIA by expanding its ability to spread pooled losses and costs. It is recommended that the Las Virgenes Malibu Conejo Council of Governments' application for membership in the CALIFORNIA JOINT POWERS INSURANCE AUTHORITY approved with a General Liability Program primary deposit of $2,500, prorated to reflect the actual membership date. held of APPLICATION FOR MEMBERS MID -PENINSULA REGIONAL OPEN SPACE DIS CALIFORNIA JPIA AGENDA REPORT To: CITY MANAGERS COMMITTEE From: William Holt, Executive Director By: Jonathan Shull, Assistant Executive Director Date: March 11, 2002 Subject: Consideration of Membership for the Mid -Peninsula Regional Open Space District The Mid -Peninsula Regional Open Space District, located in Santa Clara County, hi submitted an application to become a member of the CALIFORNIA JOINT POWERS INSURANCE AUTHORITY. Staff reviewed the application materials and the District's I history. An initial risk management evaluation visit is scheduled for March 5, 2002 (after the agenda is prepared for distribution). The application is attached. Conversations with District staff indicate that it conscientiously applies risk management principles in its operations. The District's staff displays an un and commitment to risk management. Costs of coverage for participation in the Authority's programs will be estimated following the risk management evaluation. The report of the initial risk managez evaluation and the deposit estimates will be presented at the City Managers mee Mid -Peninsula Application � CALIFORNIA JOINT POWERS INSURANCE AUT Include Redevelopment Agency and/or other covered Agencies •* Part of Budget dedicated to Laud purchase. ���� Mr.n�}• �Irc*c!, L., r..l.,..,, C..7:r�.�,.:,, 40G� (562) 467-8700 • FAX (562) 8604992 Mid -Peninsula Regional Open Space District APPLICATION FOR MEMBERSHIP INSTRUCTIONS. Please complete the following; underwriting information. You may attach additional sh iets, if necessary, to amplify your answers. The application should be signed by the General Manager. Please t e your answers. Date of Application: Februar . 2002 Date of Incorporation: November, 1972 CITY OF-. Los Altos COUNTY OF: Santa Clara ADDRESS: 330 Distel Circle, Los Altos, CA 94022 TELEPHONE: 650-691-1200 FACSIMILE: 650-691-0387 GENERAL MANAGER: L. Craig Britton FINANCE OFFICER: Michael Foster, Controller RISK MANAGER: Sally Thielfoldt, Administration and Human Resources Manager 1. POPULATION: 700,000 2. AREA: San Carlos to Los Gatos 3. BUDGET INFORMATION: TOTAL* TOTAL* TOTAL OPERATING CAPrrAL PAYROLL* TOTAL SWORN PAYROLL" LAND ONLY" BUDGET BLTDGE'f FY 2001-02 $35,355,685 N/A N/A N .A Avail3 31/02) N/A FY 2000-01 $33,655,063 S463,309 53,569,868 $1,00,8763,656,628 FY 1999-00 $32,757,225 $782,458 $3,142,030 $906,676 ,584,997 FY 1998-99 $24,251,175 $791,800 SZ72ZS0.5 $790,688 ,237,936 FY 1997-98 $2.5,014,823 $1,048,477 $2,598,935 $800,156 1,987,950 FY 1996-97 $18,886,300 $981,377 $2,461,128$799,133 0,284 FY 1995-96 $25,212,750 $481,320 52,422,002 $763,274 4,408,676 FY 1994-95 $19,228,400 $243,677 52,294,860 $730,307 ,433,728 FY 1993-94 17665 350 $805,909 52,112,107 5678,835 ',297,324 Include Redevelopment Agency and/or other covered Agencies •* Part of Budget dedicated to Laud purchase. 4. EMPLOYEE CENSUS: (No. of fall -time employees) Clerical Office (8810) Municipal Non -Manual (9410) All Other Municipal (9420) Fire Fighters (7706) Police Officers (7720) Bus Operators (7382) Pilots (7425) Other (Designate Class) ( ) TOTAL FULL-TIME EMPLOYEES 38 20 (Ran ers, incl. Supervisors/Superintend 17 (DST's/EMO/Supervisors) 0 0 0 0 3 Interns (Not in total below) 75 5. CURRENT INSURANCE PROGRAM: (Or last insured year) In addition, please submit the face sheets of all current policies. A. GENERAL and Property LIABILITY COVERAGE: (Claims made or occurrence, please specify) 1. Primary Coverage: Carrier: Travelers Policy Period: April 1, 2001 to March 31, 2002 Occurrence Limit: $ 1,000,000 Premium: $ 171,921 Deductible/ Retention: $ Claims Administrator: $ EXCESS LIABILITY COVERAGE: Excess of 5 Auto Carrier. General Accident Policy Period: April 1, 2001 to N Premium: $1,000,000 Excess of $ Umbrella Liability Carrier: Policy Period: Premium: $ 10,000,000 each occurrence/$10,000,000 aggregate Excess of Fidelity Bond Coverage Carrier: Chubb Policy Period: AP;P 1, 2001 to Premium: Py—Wic EnghErrQts & Ontissians Coymn Carrier: United National Insurance Policy Period: April 1, 2001 to March W7 Premium: B. WORKERS COMPENSATION COVERAGE: 1. Primary Coverage: N/A Carrier: State Fund Policy Period: Premium: S Employers Liability Limit: $ Deductible/Retention: $ Claims Administrator: 2, Excess Workers Compensation Coverage: N/A $ Excess of $ Carrier: Policy Period: Premium: C. PROPERTY INSURANCE: 1. Coverage: (Replacement cost or other, please specify) Insured values: $ Buildings: $ TO,47E Contents: $ 800,0( Vehicles: $ Other: $ Total Values $ Carrier: Traveler's Policy Period: _ April 1, 2002 to Premium: Public Officials Liability 55,000,000 each claim $5,000,000 each aggregate Retention - $25,000 6: LOSS EXPERIENCE: (Past five completed years) In addition, please submit a current loss run with summary information. See "Claims History" form. A. GENERAL LIABILM INCURRED DOSSES: To be delivered later. B. WORKERS COMPENSATION INCURRED LOSSES: N/A C. INSURED PROPERTY INCURRED LOSSES: To be delivered later. Year Num bero sses Amounto Losses 7.• GENERAL EXPOSURES: Number Azea A. Waterfront Property: 2 skyur.wdreosr B. Cemeteries: 0 C. Housing: 29 Residences/769 Total Structures D. Libraries and/or Museums: 0 E, Developed Parks and Playgrounds: 0 F. Land Maintained in a Natural Stale 27 Preserves Blwn San Carlos and Los 8. VEHICLE EXPOSURES: Number A. General Vehicles: Passenger: 3 Pickups/Vans: 18 Construction/Heavy Equipment: 11 Other: B. Emergency Vehicles: Polire/Ray er : Passenger. 3 Motorcycles: 0 Pickups/Vans: 18 Fire: n/a Passenger. Pickups/Vans: Apparatus: C. Public Transit Vehicles: n/a Passenger: Mini Buses/Vans: Buses: 9. ROADWAY AND TRAFFIC EXPOSURES: A. City Streets: (miles) 0. B. County Roads: (miles) 0. C. State Highway: (miles) D. Traffic Signals: (number) 0 E. parking Lots: (number) 17 F. Parking Meters. (number) 0 C. Sidewalks: (miles) 0 ` None owned or maintained; some other -owned roads run through District property. 10. POLICFJRANGER SERVICES EXPOSURES: A. Number of Sworn Officers: Full-time: 20 Part-time: 0 B. Number of Reserves: Level is n/a Level IT: n/a C. Number of Police Stations: n/a D. Number of Jail Facilities: n/a Number of Cells: n/a E. Is there a Policy and Procedures Manual? Yes F. Is there a written Pursuit Policy? %n a G. Is there a written Policy on the use of Firearms? n/a H. Is there a written Policy on the use of Canines? n/a 11. FIRE SERVICES EXPOSURES: n/a A. Number of Sworn Fire Personnel: Full-time: Part-time: Volunteers: Paramedics; B. Number of Fire Stations; 12. UTILITY SERVICES EXPOSURES: n/a A. Water Department: Please submit an inundation map showing location and describe each dam. 1. Number of Employees: 2. Average capacity/day: Domestic: Industrial: 3. Source of supply: 4. Dams: Number: Capacity: Type: 5_ Reservoirs: Number: Capacity: Type: 6. Storage tanks: Number: Capacity: Type: 7. Source of water supply; B. Sanitary Sewer Service: n/a Number of employees: Average capacity/day: Level of treatment: Effluent discharged to: C. Service Suppliers: n/a Electrical Power: Natural Gas: Telephone: Cable. Television: Water: (if private) Solid Waste Disposal: 13. OPEN SPACE EXPOSURES: A. Recreational Lakes: n/a Number: Surface Area: (Please provide a list showing the name or location of each lake, its surface area, recreational uses, type of) concessionaires at each location, and insurance and indemnity requirements for each concessionaire.) B. Acres Maintained in a Natural State: 42,300 C. Acres Developed: 1,700 D. Miles of Trails Maintained: 243 Estimated Number of People Using the Trails Per Year: n/a E. Miles of Unmaintained Trails: 0 Es-timated Number of People Using the Trails Per Year: n/a F. Trails with a Waterfall as a Destination: Number: n/a Miles (part of 13D or 13E): G. Trails with a Lake as a Destination: Number: n/a Miles (part of, 13D or 13E): H. Boating: Number of Boat Launches: n/a 1. Vehicles: Are Motorized Vehicles Used by the Public in the Open Space No Are There Designated Areas for Off-road Vehicles, Motorcycles, or All -terrain Vehicles No Are There Designated Areas for bicycles, In-line Skating, or Skateboarding Yes J. Waivers: Do Any Users of the Open Space Sign Waivers of Liability in Favor of the Mid -Peninsula District? Yes If so, Please Provide a Copy of Each Different Waiver Used. Attachments: (1) Volunteer Waiver, and (2) Special; Use Permit 14. Please include material information not requested on this form. ACKNOWLEDGEMENT (To be completed by General Manager): All of the above information, including attachments, has been fully disclosed. The CALIFORNIA JPI may rely on these answers, including attachments, when considering this application for membershil NAME: L. Crain Britton, General Manaeer DATE: j L SIGNATURE: FROM California JPf A (WED) 4. 10' 02 15:49/ST. 15:400. 4861233157 P 3 CALIFORNIA JPTA 8081 Moody Street, La Palma, California (800) 229-Z343 *Fax (562) 860-4992 Voting Member; <<City_of_Diamond Bar» LAS VIRGENES MALIBU CONEJO COUNSEL OF GOVERNMENTS The application of Midpeninsula Regional Open Space District for membership in the CALWORNIA jowr Powm NSURANCE AUTHORM, having been duly considered and recommended by the Executive Committee, is hereby: Date: ( ) Approved ( ) Disapproved Director/Alternate FROM California JFJA (WED) 4-10'02 15,49/ST.15;4810.4861233157 P 2 CALIFORNIA JPIA 8081 Moody Street, La Palma, California (800) 229-2343•Fax (562) 860-4992 Voting Member: «City -of -Diamond Bar» MIDPENINSULA REGIONAL OPEN SPACE DISTRICT The application of Midpeninsula Regional Open Space District for mernbership in the CALYPORNIAJOINT POWERSINSURANCEAUTHORITY, having been duly considered and recommended by the Executive Committee, is hereby: Date: ( ) Approved ( ) Disapproved Director/Alternate CAi.IF0RNIA ' I - A To: CALIFORNIA JPIA DIRECTOR C/O CITY CLERK From: Jonathan Shull, Assistant Executive Director Date: March 28, 2002 - r'+ Subject: Approval of Membership for the Midpeninsula Regional Open Sp District The Executive Committee at their regular meeting of March 27, 2002, recommender approval of the Midpeninsula Regional Open Space District, located in Santa Clara County, for membership in the CALIFORNIA JPIA, subject to the initial primary depc for the General Liability Program of $72,000. This amount will be prorated to reflex District's actual membership date of April 1, 2002. The District is not seeking work compensation coverage at this time. We are requesting that each City Clerk deliver the enclosed materials to the CALI JPIA Director appointed by their council, and expedite returning the form to this as soon as possible. If the Director is unavailable, the duly appointed Alternate r execute the Consent. The CALIFORNIA JPIA Bylaws permit the independent judgment and action of your Director (or Alternate) on this matter, so that admissions may be accomplished in a timely manner. If your procedures require Council action on the matter, please arr; for this item to be given special handling at your next council meeting. Thank you in advance for your assistance in expediting the return of the consent f by April 26, 2002. Please feel free to call me if you have any questions at (562) 467 Enc. C A L I F C7 R N I A I c) I N I P 01 W E R S I N S u RA N c_ c: A u -r F f (.) R I r Y 8081 MOODY S I REFT. LA PALMA. CA 90623 TEL (562) 467 8700 FAX lS62) 8604912 the the A CALIFORNIA JPIA MEMBERSHIP APPLICATION •000000 REPORT OF INITIAL RISK MANAGEMENT EVALUATION of the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 0000.00 I. GENERAL INFORMATION A. Date of Survey: March 5, 2002 B. Participants in Survey: 1. For CALIFORNIA JPIA: Jon Shull, Assistant Executive Director Beth Lyons, Senior Management Assistant Allan Amico, Risk Manager 2. For District: Craig Britton, General Manager John Escobar, Assistant General Manager Sally Thielfoldt, Administrative Services D Sue Schectman, District Counsel C. Description of Applicant: The Midpeninsula Regional Open Space District is a public ager cy formed pursuant to Public Resources Code Section 5500 by voter initiai 'vE in 1972 to acquire a continuous greenbelt of protected open space land for public use and enjoyment, and to preserve open space for future generations to enjoy. The District was initially created in northwester Santa Clara County. In 1976, voters expanded the District's boundariec. to include southern San Mateo County. In 1992, the District annexed a Srnall portion of Santa Cruz County, making it the only tri -county park or open space District in the state. The District permanently protects wildlife habitat, watershed, d a variety of ecosystems, restores damaged resources, and provides trail improvements for passive recreational use by the public. Since 1972, t Page -1 District has permanently preserved over 47,000 acres of mountainous, foothill, and bayland open space, and owns and manages 26 open spa preserves (24 of which are open to the public). The District is divided into seven geographic wards, each represented for a four-year terns by an elected Board member. The consists of 75 employees in five departments: Administration, Land Acquisition, Public Affairs, Planning and Operations. Funding is provided by a small share of the annual total prope ty tax revenues collected within District boundaries. This amounts to ah out 1.7¢ per $100 of assessed property value, which provided approximat ly $13.7 million in annual revenue in the 1999-2000 fiscal year. Other revenue sources may include federal and state grants, interest and rental income, donations, and note issues. District boundaries include the Cities of San Carlos, Redwood ity, Palo Alto, Woodside, Mountain View, Sunnyvale, Cupertino, Saratoga, Los Gatos, and unincorporated areas of Santa Clara, San Mateo, and Santa Cruz Counties. The District's preserves range from 55 to nearly 15,500 acres a d are open to the public free of charge, 365 days a year from dawn until one half-hour after sunset. The open space preserves are generally kept ill a natural condition in order to best protect the environment and anima habitat, and are developed with only the amenities needed to provide public access for low -intensity recreation. The diverse ecosystems at he preserves include redwood, oak, and fir forests, chaparral -covered hillsides, riparian corridors, grasslands, and wetlands along San Fra ciscc Bay. Improvements may include gravel parking areas, restrooms, signed trails for hiking, bicycling, and equestrian use, and an occasional picnic table. The District offers nearly 250 miles of hiking trails, ranging frc m easy to challenging terrain. Bicycles and horses are permitted on many District trails. Leashed dogs are allowed on some preserves, and the a is one off -leash area at one of the preserves. The District also has a nun iber of trails that are suitable for people with varying degrees of physical ability. These "full -access" trails are appropriate for wheelchairs, paent: with strollers or small children, or anyone desiring a less -strenuous experience. Page - 2 II. CURRENT INSURANCE PROGRAM The District currently purchases its insurance from a variety of carrier: the commercial insurance market. Liability and Property coverage is provide by the Travelers to a $1 million per occurrence limit. Umbrella liability cover from $1 million to $11 million is provided by Fireman Fund. The District's workers' compensation coverage is provided by State Fund. III. EXPERIENCE AND LOSS DATA General and Automobile Liability The District has had very few liability losses since its inception. Due ti the natural condition of most of the District's properties, significant statutory immunities protect the District from liability. Specifically, Government Code Section 831.4 provides immunity to public entities for injury for use of trails, 831.7 defines mountain bicycling as a "hazardous recreational activity" for w the participant assumes the liability for his actions. One significant loss occur in 1997-98. The case involved the District's grading of a dirt road within one the preserves. It was alleged that the grading caused a redirection of the floe rain run-off, which led to water damage to a very expensive home in the city Woodside adjacent to the preserve. The case ended in a jury award of $700,01 The claimant was recently widowed and was a very sympathetic witness, bul District was still confounded by the jury's decision. IV. APPLICATION FEE AND DEPOSIT COMPUTATIONS A. Application Fee: The District will be paying an application fee of $1,500 as part application process. B. General Liability Deposit: The initial primary deposit covering the period April 1, 2002 through June 30, 2002 was established at $18,000. This is a three -mc prorated share of the annual deposit of $72,000. The deposit was established based upon a review of the District's loss data and in consideration of the District's scope of services and the substantial immunities enjoyed by the District. Page - 3 in of the the V. PHYSICAL INSPECTION AND COMMENTS A. MROSD DISTRICT OFFICE The District's administrative office houses the majority of the Administrative, Clerical, and other non -field employees. The faciliti appeared in good order, they were well maintained, and did not pre any readily identifiable worker safety issues. Notice boards and suggestion boxes are located in areas frequented by employees. B. SKYLINE FIELD OFFICE The remaining field employees work out of the Skyline Field Cffice, just off State Route 35. The main building consists of office areas, locker rooms, meeting rooms, restrooms and an equipment maintenance area. Additional buildings on the site are used for material and equipment storage. One building on the site sits on the edge of a small pond and is used as a nature center. Swimming is prohibited in the pond. Housekeeping is good. Notice boards and suggestion boxes are locat d in areas frequented by employees. C. FOOTHILLS FIELD OFFICE Approximately one-half of the District's field employees work of the Foothills Field Office. While it is an older facility than the Skyl Field Office, Foothills' amenities are much the same. The main buildi consists of office areas, locker rooms, meeting rooms, restrooms and equipment maintenance area. Housekeeping is good. Flammable materials are kept in a storage container separated from the main building. Eye wash facilities are located adjacent to the maintenance Notice boards and suggestion boxes are located in areas frequented b employees. D. DEER HOLLOW FARM Not far from the Foothills Field Office is the District's Deer Hol Farm. This is an operating farm owned by the District but run by the of Mountain View. Visitors participate in interactive classes and can i and Iearn about the farm animals. School children frequently visit the Farm on field trips. Appropriate releases and permission slips are required protecting the City, District, and School District. Facilities at Farm include an old farmhouse, barn, chicken coop, storage garage, ai several out buildings. Though the buildings are quite old, the District replaced most of the foundations, and the buildings appear to be in gc condition. Page - 4 ew E. OPEN SPACE PRESERVES The District owns 26 separate open space preserves (24 are currently open to the public). Facilities at the preserves typically incl gravel parking lot, informational and regulatory signs, and self-conta restroom facilities. Trails lead from the parking lot into the preserve, facilities visited were well maintained. F. STREETS AND SIDEWALKS The District owns no public streets or sidewalks. G. RESIDENCES AND OTHER BUILDINGS Some of the property acquired by the District has houses and c buildings on it. In most cases the buildings have be demolished, and area has been returned to its natural condition. Some houses are kepi used as employee residences to assist the District in maintaining read response to all areas within the District's boundaries. Some other residential buildings, owned by the District, are leased to the general public. The District is responsible for the maintenance of these buildii VI. OPERATIONS DEPARTMENT All and The Operations Department is comprised of 44 employees responsible for guest services, security, and maintenance within the preserves. Rangers are generally the most frequent contact the public has with the District. They are responsible for patrolling the preserves to ensure the public uses the areas appropriately. Rangers are peace officers, but they carry non -lethal, defensiv , weapons only. They do not carry firearms, and they do not exercise arresting powers. In situations requiring arrest, the County Sheriff with jurisdiction is contacted. The District has a Ranger Field Operations Manual covering procedures, policies, and conduct. It is regularly updated to reflect changes n laws and policies. Rangers must complete a seven -week training academy p for to placement in the field. Maintenance of the trails, parking lots and other public areas is done the District's Open Space Technicians. Contractors are hired for larger projt The District has an Injury and Illness Prevention Program and additio policies to support the IIPP. Safety meetings are held bi-monthly for all field employees, and training is conducted for job-related skills and responsibilitie The District has a comprehensive Personnel Policies and Procedures Manual covering orientation, operating procedures, conduct, discipline, termination, benefits, harassment, and discrimination. Page - 5 VII. FIRE PROTECTION Fire protection and medical -aid services are provided by a number of entities. Ranger vehicles are equipped to accept slide -in pumper units that apply water and fire suppressing foam. Fire departments from the cities and count es served by the District respond to fires and emergency situations based upon he geographic area of the incident. The California Department of Forestry also I las jurisdiction within the District's boundaries. VIII. POLICE PROTECTION Similar to fire protection, the District obtains police protection from a number of entities. Rangers provide the first line of contact within the Distrix They keep a high profile in large vehicles with prominent light bars. Ranger: write tickets and give warnings to District patrons. Situations involving the 1 to arrest are handled by the appropriate County Sheriff or other local agency police department. IX. SUMMARY AND EVALUATION During the initial risk management evaluation, District staff displaye knowledge and concern about risk management issues. This attitude was reflected in the physical condition of the District's facilities as well as the poli cie and procedures in place. District leadership understands and is committed t the concept of risk management and is aware that hazardous conditions neec 1 to be evaluated and addressed to reduce the District's exposure to risk/loss. It is the CALIFORNIA JPIA staff's conclusion that the loss experience, physical inspection, and interest expressed qualify the Midpeni.nsula Regi Open Space District for consideration for membership in the CALIFORNIA J We also find that membership will benefit the District by providing reliable and economical coverage, and it will be advantageous to the CALF JPIA by expanding its ability to spread pooled losses and costs. X. RECOMMENDATION It is recommended that the Midpeninsula Regional Open Space t application for membership in the CALIFORNIA JOINT POWERS INSURANCE AUTHORrrY be approved with an initial General Liability Program prima deposit of $18,000 for the period of April 1, 2002 through June 30, 2002 (; annually). Page - 6 Welcome to Regional Open Spac I San ' Carlos Francisco Bay nt�ir<r, wood 101) xz ... Hal} ma RS c wntain �'-�"� Santa View az Sunnyvale W Cupertino San Jose CO t! ?- 17 Saratoga Visit Your Regional Open Space Preserves S 1 Preserves Acres n li d -� Al ilu, v ^ r t. Bear Creek Redwoodr Xk6 * >♦ t'l,irnn } �,� > Los 2. Coal Creek 493 # • • I❑ - '� r+� �Tra.c 4 20 Gatos 3. Et C«$ede Madera.Creei[ z dzi, 4. EI Sereno 1,411 •■y • ❑ A 5. FOOtllttl .21f ! 1:,""$ i S5 ,a 6, Fremont Older 739 • • • ■ • 1 7. IIAHonda GeclF ^ 7.0±F �� :1� { 17L B. Long Ridge 1,946 • • ■ •r e 10. Monte Bello 2,782 • # • • ■ 0 1 2 3 3 5 F x 11. 0 Picrtrelri' � . 12. Pulgas Ridge 366 • 0 ❑ Scale in Miles t3 RnidmtlCreekRedarooda r::e'.1rx• � � � � i �',�#: 14. Rancho San Antonio 3soa • • • • ■ • Midpeninsula Regional Open Space District preserves 16 Russian Ridge 1,724 • • ■ ■ #. Esc Major city, county, state & federal parks, open space 17' Sara `"` ?'94 '"� ". `��� .= preserves, and publicly -owned watershed Sierra Azul UK n.. d,-Li-kd 5,680 • • • ❑ 18 and Cathedral0,"Are l Sierra AI ❑ unh t9 MidpenInsula Regional Open Spac District ct skyttll�;R,dge >.zqr 1 ;# # �i � ;• 20 St Josephs Hill 268 • • ■ • •�li� {fl "tY " �� s� ECt b�N 21 Sletrens Creek a 5S # # I� ° " 22. TeagueHIII 66 • • :'i ����M6�-� �,, 7�q,+, a1` 1_ 23. ThOnVE%6011 24. Windy ..Hill ,•308 • • • • • ■ ■ Oakland San I,— To obtain further information on any of the District's p eserves or E Ample Paring E Limited Parking p -er, umllnd Parking programs, please call the District office at 650.691- 200 or 1 In designaicd arca ha permit nnly visit www.openspace.org 2 Kennedy -Limekiln area only 1/23/01 CALIFORNIA J P - I - A To: CALIFORNIA JPIA DIRECTOR C/O CITY CLERK From: Jonathan Shull, Assistant Executive Director Date: March 26, 2002 Subject: Approval of Membership for the Las Virgenes Malibu Conejo Coun of Governments The Executive Committee at their regular meeting of March 27, 2002, recommended the approval of the Las Virgenes Malibu Conejo Council of Governments for membership in the CALIFORNIA JPIA, subject to the initial primary deposit for the General Liability Program of $2,500. This amount will be prorated to reflect the COG's actual membership date. The COG is not seeking workers' compensation coverage at this time. We are requesting that each City Clerk deliver the enclosed materials to the CALIFO JPIA Director appointed by their council, and expedite returning the form to this of as soon as possible. If the Director is unavailable, the duly appointed Alternate ma execute the Consent. The CALIFORNIA JPIA Bylaws permit the independent judgment and action of your Director (or Alternate) on this matter, so that admissions may be accomplished in a timely manner. If your procedures require Council action on the matter, please arr, for this item to be given special handling at your next council meeting. Thank you in advance for your assistance in expediting the return of the consent f by April 26, 2002. Please feel free to call me if you have any questions at (562) 467 Enc. ICAL.I FU KN IA IC11 N-1 Po7WF'KS INSURANC.P ALI-IFIIOIZI -IV 8081 MpODY sr1LFET. LA PALMA. CA 90623 TEi (562) 467-8700 FAX (562) 860-4992 CALIFORNIA JPIA MEMBERSHIP APPLICATION 8664... REPORT OF INITIAL RISK MANAGEMENT EVALUATION of the LAS VIRGENES MALIBU CONEJO COUNCIL OF GOVERNMENTS I. GENERAL INFORMATION A. Date of Survey: February 25, 2002 B. Participants in Survey: 1. For California JPIA: Jon Shull, Assistant Executive Director 2. For LVMCCOG: Terry Dipple, Executive Director Larry Weiner, COG Counsel, Richards, Wi & Gershon C. Description of Applicant: The Las Virgenes Malibu Conejo Council of Governments (LVMCC( was formed in 1998 under a Joint Exercise of Powers Agreement to address issues of area -wide significance. It is comprised of the Cities of Agoura Hil Calabasas, Hidden Hills, Malibu, and Westlake Village. LVMCCOG works in conjunction with the Southern California Association of Governments, the Metropolitan Transportation Authority other levels of government in addressing transportation, planning and of issues. LVMCCOG is governed by a 5 -member Board of Directors composed of one Council Member from each member city. The Board of Directors meets monthly and is responsible for setting operating policy and overseeing the or of the Executive Director. The Executive Director is an independent contractor who carries -out the work program of the LVMCCOG. Page 1 of 3 A Technical Advisory Committee that meets monthly assists the Boar of Directors. It is primarily composed of City Managers of the member cities. I addition, an Overall Work Program Committee meets periodically to review projects. The OWP is composed of traffic engineers, planners, and other technical specialists. The LVMCCOG's 2001-2002 operating budget is approximately $100,000. This includes the cost of the contracted Executive Director and the services o the COG's legal counsel. LVMCCOG does not own any real or personal property. Committee meetings are held at the various city halls of the members. During the risk management evaluation with the LVMCCOG staff, displayed knowledge and concern about risk management issues. Agreen into which LVMCCOG has entered were reviewed, and they reflected this commitment through appropriate risk transfer language. II. CURRENT INSURANCE PROGRAM Since its formation in 1998, LVMCCOG has been without insurance due to its limited scope of operations. III. EXPERIENCE AND LOSS DATA LVMCCOG has had no general liability losses since its formation. LVMCCOG has had no workers' compensation losses since its formation. LVMCCOG has had no property losses since its formation. IV. APPLICATION FEE AND DEPOSIT COMPUTATIONS A. Application Fee: LVMCCOG will be paying a $500 application fee as part of the appl process. B. General Liability Deposit: ition The annual general liability primary deposit was established at $2,50C. The deposit was established based upon the anticipated claims activity of the LVMCCOG and the minimum imputed payroll. The deposit will be prorate I to reflect LVMCCOG's actual membership date. LVMCCOG is interested in jo nin as soon as possible. Page 2 of 3 V. PHYSICAL INSPECTION AND COMMENTS A. LVMCCOG ADMINISTRATIVE OFFICES The LVMCCOG does not have an administrative office. Meetings are held at the various city facilities of the members. VI. SUMMARY AND EVALUATION LVMCCOG's leadership understands and is committed to the concept of r management and is aware that hazardous conditions need to be evaluated and addressed to reduce exposure to loss. It is the CALIFORNIA JPIA staff's conclusion that the loss experience, magnih exposures, and interest expressed qualify the Las Virgenes Malibu Conejo Council Governments for consideration for membership in the CALIFORNIA JPIA. We also find that membership will be of advantage to the LVMCCOG by providing reliable and economical coverage, and it will be advantageous to the CALIFORNIA JPIA by expanding its ability to spread pooled losses and costs. VII. RECOMMENDATION It is recommended that the Las Virgenes Malibu Conejo Council of Governments' application for membership in the CALIFORNIA JOINT POWERS INSURANCE AUTHORIT approved with a General Liability Program primary deposit of $2,500, prorated to reflect the actual membership date. Page 3 of 3 of be Agenda # -..61-7 Meeting Date: 4116102 TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager TITLE: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMONP BAR APPROVING THE APPLICATION FOR LAND AND WATER CONSERVATION FUNDS F R THE SYCAMORE CANYON PARK TRAILS PROJECT. RECOMMENDATION: Adopt the Resolution. FINANCIAL IMPACT: Full development of the Sycamore Canyon Park trail, includin trail head at Diamond Bar Blvd., is estimated to cost $100,000. The Land and Water Conserv tion grant requires a 50% match from the City. Therefore, if the entire estimated amount of $ 00,000 is approved, then the grant will fund $50,000 and the City of Diamond Bar will be responsible or funding the remaining $50,000. BACKGROUND: The City Council adopted the Trails Master plan in May, 2001. The hi( priority project in the plan includes trail and trail head improvements in Sycamore Canyon f Estimated cost to fund these improvements is $100,000. The Land and Water Conservatio provides an opportunity to obtain funding to construct these trail and trail head improvemer a matching grant, so any grant funds awarded to the City of Diamond Bar will have to be m 50% by the City. DISCUSSION: The grant application for this grant is being prepared by the City's cor grant writer, Applied Development Economics with assistance from Community Services application is due May 1, 2002. This Resolution is a required element of the grant applicai one of three grant applications that staff plans to submit in the next six months in an effort funds to construct improvements identified in the Trails Master Plan. REVIEWED BY: .Wrl. . BoVP6se Director of Community Services *0 � Jdnes DeS efano Deputy City Manager est grant This is :ched at ff. The i. This is obtain RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE APPLICATION FOR LAND AND WATER CONSERVATION FUNDS FOR THE SYCAMORE CANYON PARK TRAILS PROJECT. A. Recitals (i) The Congress under Public Law 88-578 has authorized the establishment Federal Land and Water Conservation Fund Grant -In -Aid Program, providing matcl funds to the State of California and its political subdivisions for acquiring lands and developing facilities for public outdoor recreation purposes; and of a ling (ii) The State Department of Parks and Recreation is responsible for administration of the program in the state, setting up necessary rules and procedur s governing application by local agencies under the program; and (iii) Said adopted procedures established by the State Department of Parks aInd Recreation require the applicant to certify by resolution the approval of applications nd the availability of local matching funds prior to submission of said applications to the state; and (iv) The proposed Sycamore Canyon Park Trails project is consistent with Statewide Comprehensive Recreation Resources Plan: California Outdoor Recr Plan - 1994; and (v) The project must be compatible with the land use plans of those jurisdictions immediately surrounding project; and (vi) All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution NOW, THEREFORE, BE IT RESOLVED, by the City Council of the Diamond Bar that: 1. Approves the filing of an application for Land and Water Conservation Fund assistance; and 2. Certifies that said agency has matching funds from the following source(s): Unappropriated General Fund and can finance 100 percent of the project, half of will be reimbursed; and 3. Certifies that the project is compatible with the land use plans of those A of jurisdictions immediately surrounding the project; and 4. Appoints the City Manager as agent of the city to conduct all negotiations and execute and submit all documents, including, but not limited to, applications, agreements, amendments, billing statements, and so on which may be necessary for the completion of the aforementioned project. PASSED, APPROVED AND ADOPTED this da� of .2002. WEN CHANG Mayor I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certif that the foregoing Resolution was passed, approved and adopted at a regular meeting f the City Council of the City of Diamond Bar held on_, day of—, 2002, by the following vote: AYES: COUNCILMEMBERS NOES: COUNCIL MEMBERS ABSENT: COUNCILMEMBERS ABSTAIN: COUNCILMEMBERS 0 LYNDA BURGESS, City Clerk City of Diamond Bar Agenda # . Meeting Date.- CITY ate: CITY COUNCIL z AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager wo TITLE: Award of Construction Contract for the 2001-2002 Community Development Block Grani Golf Course Sidewalk Installation Project to Ranco Corporation in the Amount of $271,1 2.50, Authorize a Contingency Amount of $30,000,00 for Project Change Orders to be Approved I y the City Manager for a Total Authorization Amount of $301,162.50, and approve the transer of $46,000 of CDBG funds from the Community/Senior Center Project at Summitridge Park o the Community Development Block Grant Golf Course Sidewalk Installation Project. RECOMMENDATION: It is recommended that the City Council receive the bids and award the construction contract for the 2001 2002 Community Development Block Grant Golf Course Sidewalk Installation Project to Ranco Corporation in an amount not -to -exceed $271,162.50 and the City Council authorize a contingency amount of $30,000.00 for project change orders to be approved by the City Manager, for a total authorization of $301,162.50. Futhermore, it is recommended to transfer $46,000 of CDBG funds from the Community/Senior Center Project at Summitridgl Park to the Community Development Block Grant Golf Course Sidewalk Installation Project. FISCAL IMPACT: Currently, $296,366.00 of CDBG funds has been budgeted for the 2001-2002 Community Development Block Grant Golf Course Sidewalk Project. A total of $341,880.50 is needed to complete the project ($301,162.50 for instAllation and $40,718.00 for design). Additional $46,000.00 will be coming from the CDBG allocation of $733,385.00 f Dr the 2001-2002 Community/Senior Center Project. BACKGROUND: The 2001-2002 Community Development Block Grant Sidewalk Installation Project includes the following loco ions: • Golden Springs Drive adjacent to Diamond Bar County Golf Course • Grand Avenue adjacent to Diamond Bar County Golf Course • Prospectors Road adjacent to Diamond Bar County Golf Course Scope of work includes construction of portland cement concrete sidewalk, curb and gutter, concrete block re ining wall, access ramps, driveway aprons and other incidental and appurtenant work necessary for the roper construction of the sidewalk improvement. Total length of sidewalk improvement is 7,430 linear feet. DISCUSSION: Eight (8) bids were submitted and opened on April 8, 2002. The lowest responsible bidder is Ranco Corporati n. The bids received were as follows: Company Bid Amount Compan Bid Amount 1. Ranco Corporation $271,162.50 5. Olivas Valdez, Inc. $326,163.00 2. CJ Construction, Inc. $294,250.00 6. Gentry Brothers, Inc. $393,000.00 3. Southland Construction $304,000.00 7. E.G.N. Construction, Inc. $403,410.00 4. Damon Construction Co. $319,650.00 8. S. Parker Engineering, Inc. $764,400.00 Key aspects of requirements placed upon the contractor include: • Completion of all work within sixty (60) calendar days • Liquidated damages of $500.00 per day for non-conformance • Compliance with Community Development Block Grant requirements • Labor compliance with Davis -Bacon Act The Public Works Division has checked the contractor license and bid bond of Ranco Corporation w th the Contractor State License Board and found them valid. References were checked for similar work completed. The project schedule is tentatively set as follows: Award of Contract April 16, 2002 Start of Construction May 6, 2002 Completion of Construction July 4, 2002 PREPARED BY: John L. Ilasin, Assistant Engineer Date Prepared: April 9, 2002 REVIEWED BY: X� �Z�a — D vid . Liu DeSt f o Director of Public Works Deputy City Manager Attachment: Construction Contract Agreement -2- CITY COUNCIL Agenda # Meeting Datel April 16, 2002 AGENDA REPORT TO: Honorable Mayor and Members of the City Council f VIA: Linda C. Lowry, City Managet�LC� TITLE: A Resolution of the City Council of the City of Diamond Bar Approving the Installation of Stop Signs on Palomino Drive at La Bonita Rd. and Palomino Drive at S. Platina Drive. RECOMMENDATION: It is recommended that the City Council approve Resolution No. 2002 -XX A Resolution of the City Council of the City of Diamond Bar, California Approving the Installation of Multiway Stop Signs on Palomino Drive at La onita Road and Palomino Drive at S. Platina Drive Located in the City of Diamond Bar, California. FISCAL IMPACT: The installation of multi -way stop signs will be approximately $500 and funded under the City's signing and maintenance budget allocated for this FY 2001-2002. BACKGROUND: There have been concerns raised by residents regarding speeding in the neighborhood of Palomino Driv . See attached aerial maps. The issue was reviewed and discussed at the Traffic and Transportation Com 'scion meeting of March 14, 2002. See Attachment A. At the meeting of March 14, 2002, the Commission recomm nded staff to install multiway stop signs on Palomino Drive at La Bonita Rd. and Palomino Drive at S. Platina Drive. Palomino Drive from Diamond Bar Boulevard to Meadow Falls Drive is approximately 4,900 feet in length with a 1% average rate of grade. The average street width from Diamond Bar Boulevard to Ballena Drive is 36 feet fro curb to curb. From Ballena Drive to Meadow Falls Drive, the street width reduces to approximately 30 feet from c rb to curb. Existing traffic signage traveling eastbound Palomino Drive includes: 1) one (1)- 25 mph Speed Limit sign six houses east of S. Platina Drive 2) one (1)- School Crossing sign approximately six houses east of S. Platina Drive 3) one (1)- Slow School Crossing pavement legend approximately six houses east of S. Platina Drive 4) one (1)- Stop Ahead sign approximately five houses east of S. EI Encino Drive 5) one (1)- Stop Ahead pavement legend approximately five house east of S. EI Encino Drive 6) one (1)- Stop sign at Ballena Drive Existing traffic signage traveling westbound Palomino Drive includes: 1) one (1)- 25 mph Speed Limit sign at S. Dei Sol Lane 2) one (1)- School Crossing sign at S. Del Sol Lane 3) one (1)- Slow School Crossing pavement legend at S. Del Sol Lane 4) one (1)- Stop Ahead sign approximately two houses west of S. Del Sal Lane 5) one (1)- Stop Ahead pavement legend approximately two houses west of S. Del Sol Lane 5) one (1)- Stop sign at Ballena Drive 7) one (1)- Slow School Crossing pavement legend approximately four houses west of Ballena All aforementioned traffic signage is closest to the vicinity of Golden Springs Elementary School. DISCUSSION: The following discussion is the factors of considering the installation of multiway stop signs. The Diamond Bar speed trailer was deployed at the intersection on Palomino Drive between La Bonita Roac Platina Drive on January 29, 2002. The following is a summary of the data obtained. See Attachmei complete speed survey information. Date January29, 2002 Time 6:30 a.m. to 5:45 p.m. Total Vehicles 1558 Maximum Speed 48 mph Average Speed 28.77 mph 851h Percentile 34 mph The State of California Department of Transportation (Caltrans) has a policy where stop sign installal warranted, may be useful at some locations. This policy typically applies to arterial and collector streets and adequately address the needs on residential/neighborhood street. As it is almost impossible to meet the warr, the Caltrans policy, the City utilizes specific thresholds to be more applicable to residential/neighborhood s These include, but not limited to, traffic volume, accidents, visibility, speed and crossing residential collectors. Based on the aforementioned criteria, the intersections of Palomino Drive at La Bonita Road and Palomino S. Platina Drive are candidates for a multiway stop sign. PREPARED BY: John L. Ilasin, Assistant Engineer REVIEWED BY: avi G. Liu Director of Public Works Date Prepared. April 9, 2002 wl" v:�(—' es DeStefan Deputy City Manager Attachments: Aerial Maps Resolution No. 2002 -XX Attachment A- Minutes of the Traffic & Transportation Commission dated March 14, 2002 Attachment B- Smart Survey Info -2- nd S. B for not of at RESOLUTION 2002- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFOI APPROVING THE INSTALLATION OF MULTIWAY STOP SIGNS ON PALOMINO DRI AT LA BONIITA ROAD AND PALOMINO DRIVE AT S. PLATINA DRIVE LOCATED IN CITY OF DIAMOND BAR, CALIFORNIA. Recitals !NIA fE (i) The Traffic and Transportation Commission considered this matter at a public meeting on March 14, 2042. (ii) At the meeting of March 14, 2002, the Traffic and Transportation Commissi determined that the installation of Multiway Stop signs on Palomino Drive at La Bonita and Palomino Drive at S. Platina Drive will enhance and improve the public health, safety and welfare. (iii) The Traffic and Transportation Commission recommends the installation of Multiway Stop signs on Palomino Drive at La Bonita Road and Palomino Drive at S. P Drive Resolution NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES HEr�EBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: 1. Said action is pursuant to Sections 10.08.010 and 10.08.080 of the City of Diamond Bar Municipal Code, as heretofore adopted; 2. The City Council hereby finds the public health, safety and welfare will be protected by the installation of Multiway Stop signs on Palomino Drive at La Bonita Road Palomino Drive at S. Platina Drive as herein prescribed; 3. The City Council of the City of Diamond Bar hereby authorize and direct the Engineer to cause said Multiway Stop signs to be installed, and City The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 16th day of April, 2002. Wen P. Chang, Mayor ATTEST: Lynda Burgess, City Clerk I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the Icity Council of the City of Diamond Bar held on the 16th day of April, 2002, by the following AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: LYNDA BURGESS, City Clerk City of Diamond Bar -2- MARCH 14, 2002 PAGE 2 _ md00%r T&T COMMISSION COMMISSION COMMENTS: and ChairNirginkar welcomed the new Commissioners. C/Kashyap id he looks forward to working with his fellow 9fi6missione and community me ers. He welcomes residents presentin eir concerns o the Commission. C/Pincher echoed C/Kashy 's thoughts. D.B ' a unique community an has unique situations that become concern the Commission. She wel mes the opportunity and looks forward to r ' g with the Commission and Com unity. Commissioner Torng said he is Commission and work with staff V. PUBLIC CO to PMVe the opportunity to sere oh the Art Sebastiap435 S. Platina Drive, said that in order for moto_hss to avoi the traffic sipef on Diamond Bar Boulevard they now use Platina Dri as cut- .throu He believes there needs to be some type of speed hump or sto non CONSENT CALENDAR - None VIII. NEW BUSINESS: A. Speeding Concerns on Palomino Drive. AE/Ilasin presented staff's report. Staff recommends that the Traffic Transportation Commission receive public input, discuss the matter direct staff as necessary. and land Jay Cook, 23929 Palomino, said his street is not safe. It is not unusuE I for motorists to travel at speeds of 45-50 mph. Almost all of the resident on the street have small children. He believes stop signs should be installed at all intersections in order to discourage motorists from using Palamino i is a cut -through to the freeway. Albert Rodriguez, 23926 Palomino Drive, has lived in his home for 40 ye rs. Over the past 10 years, traffic has become unbearable and unsafe on his street. James Meek, 23604 Palomino Drive, said there are no mitigation measures to deter the speed along a 3/4 mile stretch of Palomino from Diamond Bar Boulevard to Ballena Drive. Last October a woman was killed across the street from his house while riding on a motorcycle. He believes that if there had been a stop sign on La Bonita Road she would be alive today. In the MARCH 14, 2002 ATTACHMENT PAGE 3 T&T COMMISSION past three years, three people have been killed on Palomino Dri a and there have been numerous traffic mishaps at his neighbor's house cross the street. Frank Luke, 209 La Bonita Road, lives at the corner house that intersects La Bonita and Palomino. Since he moved into his house two fire by rants have been taken out in his yard by speeding motorists. Another m torist wrapped his vehicle around the tree in his neighbor's yard. He believes there should be a three-way stop sign at Piatina and a two-way stop ign at La Bonita. Sandy Bettencourt, 23929 Palomino Drive, said she lives around the corner from the elementary school. She is most concerned about vehicles traveling close to the school. There is too much distance between Dia and Bar Boulevard and Golden Springs Elementary School without some type of mitigation measure to slow the vehicles. The students trust that peop a will watch out for them and sometimes fail to look both ways before crossi g the street. Her daughter and friend were waiting at the curb to retrieve th it cat from the middle of the street and a car came up the street so fast th t he failed to see the cat, ran over it and killed it. That could very easily have been one of the girls that got hit. It is a very dangerous street. She an her neighbors stand out at curbside yelling at motorists to slow down — the pay no attention. Drivers race each other down the street. She believe it is just a matter of time until a child is killed. George Mayoral, 23565 Palomino Drive, has lived on the north si a of Palomino close to La Bonita for 10 years. He requested two stop signs (one eastbound and one westbound) at the T -Intersection of Palomino an La Bonita. He presented photographs of a vehicle that collided with a tr a in his parkway. When he works in his yard he has to place trash containe Is at curbside to deter the speeding vehicles. George Bettencourt, 23929 Palomino Drive, said when he travels at the correct speed on his street during peak hours; cars pile up behind him. He believes a stop sign should be placed at Platina. Palomino Drive is aajor traffic problem area. He asked the Commissioners to spend a little p ak- hour time observing the area first-hand. DPW/Liu stated that if the Commission approves an action this evening, staff would likely present this matter to the City Council for consideratio on April 16. If the City Council approves the recommendation for some typo of mitigation, the installation would take place within 30 days from the ity Council's action. Ryan Rouse, 23939 Palomino Drive, said that between 10:00 and 'I'I-00 p.m. cars race in and around the school areas. He tries to obey the sp ed laws and gets strange looks for driving too slow. ATTACHMENT A MARCH 14, 2002 PAGE 4 ^-` T&T COMMISSION C/Torng thanked the speakers and believes something should be cone to mitigate the situation in the most effective way. He asked staff to come up with the best solution and suggested that radar be used to cath the speeders. If two stop signs would help the situation, the Commission should recommend installation. C/Pincher said that when she drove Palomino on Tuesday, she was surprised at how long the street was and that there was nothing to stop her. People following her made it known that they were very unhappy that C/Pincher was driving the 25 -mph speed limit. In fact, one of the vehicles even attempted to pass her. She visited the street again this mornirig and saw someone run the stop sign. C/Kashyap said his first concern is for the protection of the residents and the city must do whatever is necessary to see that lives are protecte". He will recommend installation of stop signs and speed humps. VC/Morris believed the problem is on Ballena, Platina and Diamo d Bar Boulevard turning left onto Palomino rather than on Palomino. The pi oblem is cut -through traffic and not the neighborhood traffic. He believes t at the city should do whatever possible to make Golden Springs Drivp and Diamond Bar Boulevard better options for motorists trying to get t rough Diamond Bar. He recommended that a three-way stop be installed at the intersection of Platina and Palomino. He further suggested that staff review the signage in front of the school for ways to make it unattractive lo cut - through traffic and that staff review the synchronization of the traffic signal between Kmart and the Von's Center to make it more traffic -friendly. Chair/Virginkar said he sees a growing impatience when it comes tol traffic in Diamond Bar This is a serious situation. To place a stop sign r stop light requires a warrant study. VC/Morris moved, C/Kashyap seconded, to recommend installation} of a three-way stop at the intersection of Platina and Palomino. DPW/Liu said that in addition to tonight's speakers, staff received letters and e-mails from the following: Beverly Fleming, 2402 Prospect Valley Road, indicated the sig s on Palomino are very confusing. When she attempts to drive at the post d 25 - mph speed limit, she is tailgated. Diane Howard, 204 Ballena Drive, is very frustrated with a certain red mustang that comes around the corner between 5:00 and 6:00 p.m. She does not believe the stop sign at Palomino and Ballena is effective. It is "the worst thing the city could have done." She wants more police presence in the neighborhood and is asking the city to help her. ATTACHMENT MARCH 14, 2002 PAGE 5, ', T&T COMMISSION � Howard and Marlene Knipple, 23720 Palomino, requested installation of a stop sign at Palomino and Platina. Chien Chang, 23726 Palomino Drive, recommended 1) more 25 mph signs on Palomino 2) set up a stop sign at the intersection of Platina and Palomino Drive and 3) more police presence. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Kashyap, Pincher, Torng, VC/Morris, ChairNirginkar NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None VC/Morris moved to direct staff to evaluate the signage and take a loser look at La Bonita for its needs and make recommendations tp the Commission at its next meeting. This motion died for lack of a second C/Kashyap moved, C/Torng seconded, to recommend installation of a three-way stop at La Bonita and Palomino. Motion failed by the following Roll Call vote: AYES: COMMISSIONERS: Kashyap, Torng NOES: COMMISSIONERS: Pincher, VC/Morris, ChairNir inkar ABSENT: COMMISSIONERS: None OLD BUSINESS A. Report on Portable Speed Hump Pilot Study. A lips presented staff's report. Staff recommends that the ic and Transpo 'on Commission receive staff's report, receiv ublic input, discuss the tter, and direct staff regarding a for policy for the installation of spe humps. Deputy St. Amant said tha the first pass er the speed hump he raked to a near stop. By the time ade ird pass he realized he d d not have to slow down and took the s d hump at 37 mph with no problem. Speed humps, however, may b real lem for low -rider vehicles. Ray Hallenbeck, 208,Ne6ajo Springs Road, agre that speed humps work (to slow vehicles he resident at 416 Navajo prfh&s Road has had his house for salr some time and he believes it might be of the reason that he oses speed humps. He asked the Commis ' to allow per ent installation of speed humps on his street and the r rized ps should be replaced with asphalt humps. He thanked staff n outstanding report. ATTACHMENT B SMART SURVEY INFO <plamino dry <clear> POSTED SPEED LIMIT: <25> SURVEY STARTED: <2002101/29 06:38> FILENAME: PALOMINO DRIVE MIN SPEED ALLOWED e11> MAX SPEED ALLOWED <100> TOTAL VEHICLES = 1558 MINIMUM SPEED = 14 MAXIMUM SPEED = 48 AVERAGE SPEED = 28.77 50th PERCENTILE = 29 85th PERCENTILE = 34 TEN MILE PACE = 25 to 34 END OF REPORT 4) H Vl cl u ATTACHMENT B O 0 O �O O c0 O saeo Ns" N �ECL_ N ~ Q Cn O 0 [V C N N 3 O CV 00 ap C N , ^ .%i - W Y/ U H N s N li U > U A Q 3 ,X 6 0 H cts N c O z 0 V W N Q o0 '4t a W v co N E N .� L > N d N EEch CL W �- o .E Cf Cl J CO f6 9 U O 0) G©0 ATTACHMENT B O 0 O �O O c0 O saeo Ns" N �ECL_ N ~ Q Cn O 0 [V C N N 3 O CV I , I % . 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OWN tl d'�' .] A r l !� + � � . \ =. � `, a�� icy � y'B • b \S ` 9 - •�� g _ 3 I • � �. !� {�#� �_ •� _.ell [ �� 1 �,: �I Q I t ��i, �i� � �ia� .. �. r � - , � ,� Y ,r� MAW A _ - f f : ��. 1S � F F ;... „{ 'R«-, � -,� -e,�• "w*w� _pQ`Y .e"A'r �� '� #bap• •i.f +�._ T� 7-. f+ � .F,4a� $1 , �\kf ... +* N a 44 F , x: F '0,.� �, a ;� kik -d .® �•� �^. "' t 44 �.�. 14 400 k iIti C� ' ` �:•��' i 1, �j k� IJwi 4 cl IA IS i \ € .�� �� 1 � �w ,•,� ��� � gyp; � . :� � \ u ; � %' , s z� r Vo - 11 cq �46 � ��� .•'°moi �� c _. #�` � 4�+ w 4!I �^: 'AK<� '• � � ^'. W '� 1`�m. �' "A',i .� � W �:.t4, .. -.� .... oW... j'. � _ Agenda # 6 i Meeting Date: April 16 2002 CITY COUNCIL ' = AGENDA RE ORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager TITLE: Council Ratification of Letter Supporting AB 2185, to Establish Local Nomint ions to the Los Angeles Regional Water Quality Control Board RECOMMENDATION: The City Council Legislative Subcommittee recommends that the letter, sent under sig ature of the Mayor on April 10, 2002, supporting AB 2185 be ratified. FINANCIAL IMPACT: The action of supporting AB 2185 has no cost. AB 2185 does not directly impact the fi ances of the City. However, the decisions that have emanated from the current Regional Water Res urces Board with regard to the NPDES (National Pollutant Discharge Emission Standards) permittin process do have major implications to all Los Angeles County cities under the County storm drain p ;mit. BACKGROUND: The City has consistently supported efforts by the Coalition for Practical Regulation (C R) to reduce the impossible standards which are being promulgated by the Los Angeles Regional ater Quality Control Board to force cities to bear the responsibility to clean up water discharged i to the storm drain system. At the request of CPR, to support a delegation of cities appearing in Sacramento on April 11, a letter was expedited under the Mayor's signature supporting the AB 2185. ANALYSIS: AB 2185 will modify how appointments are made to Los Angeles Regional Water Q al Control Board. Currently, local governmental agencies are not represented on the Board which s made up of nine Governor appointees. AB 2185 would allow for six Governor appointees, one ity appointee (from the League of California Cities), one county appointee (from Los Angelesand Ventura Counties), and one local sanitation agency appointee. This new appointment process will allow for representative decision-making on matters Ihat directly affect local government. The process is intended to prevent future policies like the cur r nt NPDSS permit for the Los Angeles River which has a "zero trash" requirement. By supporting this legislation the City of Diamond Bar is participating in a positive legislative remedy to a very difficult and expensive regulatory problem for cities. Attachment: Letter of Support Wen P. Chang Mayor Deborah H. O'Connor Mayor Pro Tem Carol Herrera Council Member Robert S. Huff Council Member Robert P. Zirbes Council Member Reck; d paper April 10, 2002 City of Diamond Bar 21825 E. Copley Drive - Diamond Sar, CA 91765.4178 (909) 860-2489 • fax (909) 861-3117 www.CitvofDiamondBar.com Honorable Edward Chavez 57"' District, California State Assembly P.O. Box 942849 Sacramento, CA 94249-0001 Re: Support for AB 2185 Los Angeles Regional Water Board/ Local Nominations Dear Assemblyman Chavez: The City of Diamond Bar is a member of the Coalition for Practical Regulation (CPR), a group of 42 Los Angeles County cities dedicated to providing an effective voice in the development of storm water programs and regulations, at the state and federal level. Diamond Bar, along with CPR believes in improving storm water quality — but instead of costly "city by city" projects, effective solutions will be regional in scale. This is precisely why it the time for the cities and counties to directly nominate their representatives to the Los Angeies Regional Water Quality Control Board. Cities and Los Angeles County have a history of working together on variety of issues, from mutual aide in public safety services, b providing library services. It is time for city and county representation on the water board. We understand that it is not unique for cities an( counties to directly nominate their representatives to many existin( State boards and commissions. The cities, counties and wastewate agencies are increasingly being asked to shoulder the Financia burdens of clean water efforts in California. It is time for locall, elected Mayors and Council Members to be permitted the opportunit! to bring their expertise and knowledge to the development of ground water, waste water and storm water policies. l We thank you for authoring AB 2185 and appreciate your leadership i addressing ways to bring locally nominated representatives in th existing city, county and water board positions. Hon. Edward Chavez Re: Support for Ab 2185 April 3, 2002 Page two Yours truly, Wen P. Chang Mayor cc: Joe A. Gonsalves & Son California Contract Cities Assn. Coalition for Practical Regulation CITY COUNCIL 4�c7h['is t'SL'9 TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manag viv TITLE: Agenda # ___� Meeting Date: AGENDA AUTHORIZATION FOR D&J ENGINEERING TO PERFORM INSPECTION) CHECK SERVICES FOR THE 1) FLAG POLE INSTALLATION AT PANTER MONUMENT SIGN REPAIR/INSTALLATION ON GRAND AVENUE/60 FREI AND GOLDEN SPRINGS/WEST CITY LIMITS AND 3) PARK IMPROVEMEP SYCAMORE CANYON PARK IN THE NOT—TO-EXCEED AMOUNT OF $6,( RECOMMENDATION: Authorize the plan check and inspection services. FINANCIAL IMPACT: There are sufficient funds in the current fiscal year budget for these expenses. DISCUSSION: The City currently contracts with D&J Engineering to provide inspection and plan check ser the City of Diamond Bar. These services are necessary to complete the following projects: 1) Flag pole installation at Pantera Park 2) Monument sign repair/installation on Grand Avenue/60 Freeway and Golden Springs/VV Limits 3) Park improvements at Sycamore Canyon Park Attached are three proposals from D&J Engineering outlining the services they will provide associated costs. Attachments: Proposals from D&J Engineering REVIEWED BY: Bob Rose Community Services Director 10�-p J es DeSi efano Deputy City Manager RT ND PLAN PARK, 2) ;WAY TS AT ces for City nd the CITY COUNCIL Agenda # Meeting Date: AGENDA RE RT TO: Honorable Mayor and Members o the City Council VIA: Linda C. Lowry, City Manager TITLE: Resolutions of the City Council of the City of Diamond Bar regarding person el rules and regulations: A. Resolution No. 2002 -XX, setting forth personnel rules and regulations and rescinding Resolution No. 2001-43. B. Resolution No. 2002 -XX, establishing salary ranges and rates for all c asses of employment. RECOMMENDATION: It is recommended that the City Council adopt Resolution No. 2002 -XX, setting forth perso nel rules and regulations (Rules Resolution) and Resolution No. 2002 -XX, establishing job classific tions and salary schedules (Salary Resolution). FINANCIAL IMPACT: No additional funding is needed for the adoption of these two Resolutions as the changes administrative. in nature. BACKGROUND/DISCUSSION: The Rules Resolution is one of the tools used for communicating to employees the benefit and requirements of a job. Since incorporation, the salary schedules listing salary ranges have been incorporated as an attachment to the Rules resolution and referenced as Schep time positions) and Schedule B (part-time positions). A survey of cities revealed that it is practice to adopt salary schedules listing job classifications and associated salary ranges I resolution. In order to establish a separate salary resolution, it is necessary to make amendments to th Resolution. The structure of the salary schedule has also been modified to reflect the vano of job classifications (part-time, exempt, non-exempt and executive management) defined i Rules Resolution. In addition, other amendments to the Rules Resolution are necessary for clarification purposes. policies position le A (full - separate Rules is types the Staff Report — Personnel Resolutions Page 2 Summary of Changes in the Rules Resolution (Attachment A) Summary of changes for each of the Sections amended in the Rules Resolution: Section 1. Comprehensive Job Classification and Salary Schedules This section is amended to indicate that the job classification and salary schedule are est blished by separate resolution of the City Council of the City of Diamond Bar. Section 2. Job Classifications This section is added to define the various levels of positions and their associated job cla sification number series. It also defines non-exempt and exempt positions. Previously defined exe pt positions are defined as Management Employees and listed in Section 32A, and througho t the Rules Resolution reference to "management employees" is amended to "exempt employees". Section 3. Advancement within the Salary Schedule C: To insure that senior employees continue to receive evaluations, language has been a ded requiring a July 1 evaluation for all employees who are at the top -step of their pay range. D: To prevent an employee suffering from the failure.of a supervisor to provide a timely a aluation and an accompanying step increase, language has been added requiring that an annual i crease shall be given "regardless of supervisor's completion of a timely evaluation". Section 4. Probation These sections have been amended to properly define the probationary period and the ap ropriate means for extending a probationary period. Language is also added to state that the prob tionary period is based on actual and continuous service and that a probationary employee may b terminated at any time without cause and without the right of appeal during the probationa period. Section 8. Part-time Employment This section has been deleted because the definitions of part-time employment are now se forth in Section 2 (Job Classifications). Section 32. Administrative Leave This section continues to describe the Administrative Leave benefit provided to exempt em loyees. There is no change to the number of hours provided for this type of leave. Section 32A has been deleted since management employees are now defined as exempt employees in Section 2 Job Classifications). Summary of Change in the Salary Schedule Resolution (Attachment B) A review of current positions and associated duties and responsibilities warrant eleven tiltehanges and the abolishment of two positions as detailed in the following table: Staff Report — Personnel Resolutions Page 3 1. Creation of Assistant Job Series With the relocation of City Hall offices to the AQMD facility and all Divisions housed in one location, there is a greater need to utilize the Clerk Typist , Records Coordinator, and Transportatio Clerk positions with more flexibility. The recommended title changes allow flexibility of job assig ments and do not limit an employee's performance to tasks in a specific Division. The current positio of Secretary is classified as Office Assistant 11 since it requires a higher level of experience. It is a growing trend in both the public and private sector to classify secretarial positions as Administrative Assistants. For recruitment purposes, the more appropriate title, Administre Assistant and Senior Administrative Assistant is recommended. The position Secretary to the City Manager/Office Manager performs highly responsible ex cutive level secretarial duties; performs various administrative and coordinating tasks in the mana ement of the City Manager's Office. The recommended title change, Executive Assistant is more appropriate. 2. Neighborhood Improvement Officer The position Code Enforcement Officer is responsible for the enforcement of the Municipal ode (i.e. land use, occupancy, zoning, signs, inoperative vehicles, property maintenance, public nuis nces, etc.). In December 2001 the number of positions in this classification increased from one f 11 -time officer and one part-time officer to two full-time officers. In December 2001 the City Council formed a Neighborhood Improvement Sub -committee to develop policies and programs to protect an preserve the integrity and property values of neighborhoods within the City. At the April 2 City Counc I meeting, staff was directed to change the position title from Code Enforcement Officer to Neighborhood Improvement Officer. Title changes: From To Reason descri ed below 1 Clerk TY ist Office Assistant Creation of new lob series Records Coordinator Office Assistant " Transportation Clerk Office Assistant " " Secretary Office Assistant 11 Administrative Secretary Administrative Assistant " Senior Administrative Senior Administrative Asst. " Secretary to the City Manage Office Manager Executive Assistant " 2 Code Enforcement Officer Neighborhood Improvement Officer Council action 3 Community Services Assistant Management Analyst Creation of new ' b series Administrative Assistant Management Analyst " Senior Administrative Assistant Senior Management Analyst " Abolished Positions 4 Receptionist N/A N/A Junior Clerk Typist N/A N/A 1. Creation of Assistant Job Series With the relocation of City Hall offices to the AQMD facility and all Divisions housed in one location, there is a greater need to utilize the Clerk Typist , Records Coordinator, and Transportatio Clerk positions with more flexibility. The recommended title changes allow flexibility of job assig ments and do not limit an employee's performance to tasks in a specific Division. The current positio of Secretary is classified as Office Assistant 11 since it requires a higher level of experience. It is a growing trend in both the public and private sector to classify secretarial positions as Administrative Assistants. For recruitment purposes, the more appropriate title, Administre Assistant and Senior Administrative Assistant is recommended. The position Secretary to the City Manager/Office Manager performs highly responsible ex cutive level secretarial duties; performs various administrative and coordinating tasks in the mana ement of the City Manager's Office. The recommended title change, Executive Assistant is more appropriate. 2. Neighborhood Improvement Officer The position Code Enforcement Officer is responsible for the enforcement of the Municipal ode (i.e. land use, occupancy, zoning, signs, inoperative vehicles, property maintenance, public nuis nces, etc.). In December 2001 the number of positions in this classification increased from one f 11 -time officer and one part-time officer to two full-time officers. In December 2001 the City Council formed a Neighborhood Improvement Sub -committee to develop policies and programs to protect an preserve the integrity and property values of neighborhoods within the City. At the April 2 City Counc I meeting, staff was directed to change the position title from Code Enforcement Officer to Neighborhood Improvement Officer. Staff Report — Personnel Resolutions Page 4 3. Creation of An_ alyst Job Series The positions Administrative Assistant, Community Services Assistant and Senior Admin strative Assistant perform a variety of administrative duties related to the function and/or departm nt to which assigned. It is a growing trend in both the public and private sector to classify secretarial positions as Administrative Assistants. For that reason, it has become more difficult to obtain the leve of expertise and experience as required for these positions. Based on a survey of cities, th more commonly used title is Management Analyst. The recommended title change, for Adminis rative Assistant and Community Services Assistant, is Management Analyst; and the recomme ded title change for Senior Administrative Assistant is Senior Management Analyst. 4. Abolishing positions In the course of maintaining a classification structure, it is a good practice to remove posit ons that are no longer useful or necessary. Because the Receptionist duties are regularly being p rformed by other job classifications and that position has been vacant for years, the job classification s being abolished. Because of the importance of the customer service provided by a receptionist, the skill levels should at least be equal to those of an Office Assistant. Similarly, the Jr. Clerk Typist position has not been filled for years as the minimum skill leYels required in this organization exceed those of a junior clerical level, at least on a full-time b sis. Finally, based on the job classification definitions set forth in the Rules Resolution, the positions have been assigned new range numbers in the "Salary Ranges by Position" the correct job classification level: PREPARED BY: Teresa Arevalo, Senior Administrative Assistant ving to reflect Attachment A: A resolution that amends Resolution No. 2001-43 with changes in highlight d text for additions and strikethrough text for deletions to the appropriate sections. Attachment B. A resolution establishing salary ranges and rates. From To Part -Time Non -Benefited 100-899 Community Services Coordinator 1140 775 Engineering Aide 1343 800 Part-time Benefited 900-999 Community Services Leader 538 937 Community Services Leader II 754 953 Community Services Coordinator 1141 1 975 Exempt 1600-1999 Senior Engineer 2136 1990 Senior Planner 2136 1990 Public Information Manager 2200 1995 PREPARED BY: Teresa Arevalo, Senior Administrative Assistant ving to reflect Attachment A: A resolution that amends Resolution No. 2001-43 with changes in highlight d text for additions and strikethrough text for deletions to the appropriate sections. Attachment B. A resolution establishing salary ranges and rates. ATTACHMENT A RESOLUTION NO. 2002 -XX RESOLUTION OF THE CITY OF DIAMOND BAR SETTING FORTH PERSONNEL RULPS AND REGULATIONS REGARDING THE PAYMENT OF SALARIES, SICK LEAVE, VACA IONS, LEAVES OF ABSENCES, AND OTHER REGULATIONS; RESCINDING RESOLUTION NO. 2001-43 IN ITS ENTIRETY. THE CITY COUNCIL OF THE CITY OF DIAMOND BAR HEREBY RESOLVES, QRDERS, AND DETERMINES AS FOLLOWS: WHEREAS, the City Council has determined that it is necessary to the efficient oper tion and management of the City that rules and regulations be maintained prescribing sick leave, vacati n, leaves of absences, and other regulations for the officers and employees of the City; and NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Diam nd Bar, California, as follows: SECTION 1. COMPREHENSIVE WAGE AND SALARY PLAN Pursuant to Ordinance 21 (1989), the Diamond n^r City Getineilf the comprehensive go salary image schedule for authorized full-time and part-time positions ., is establis d upon adoption of a resolution by the City Council. ., ., .. (attaehed Rulesresolution Page 2 1� a��� soh, eke iii A. New full-time and regular part-time employees shall be hired at the entry step or any tep at the discretion of the City Manager and must successfully complete a one-year probation p riod. At the end of six months, the employee will be given a performance evaluation and shall I a eligible for the next step. Every year thereafter, employees shall be given a performance evak ation and shall move to each successive step, so long as the employee's performance is satis actory or above. B. Intermittent and seasonal part-time employees shall be hired at the entry step or any s ep at the discretion of the City Manager and must successfully complete a one-year probation period. At the end of six months, the employee will be given a performance evaluation. In order to receive a step increase, a part-time employee must complete one year of service and worked a minimum of 500 hours. jt t i t E i i� I�i il i i i,i+ til J{, jililt Rules Page 3 the probation period for newlv hired emt)aovees is SECTION 5. MILEAGE REIMBURSEMENT Private automobiles are not to be used for the City business except as authorized. The City Manager may authorize such use at the reimbursement rate equal to that set forth by the Internal Revenue Service. Payments shall be based upon the most direct route to and from the destination, and garage and parking expenses shall be paid in addition to the current rate, upon submission of paid receipts. SECTION 6. HEALTH, DENTAL, VISION, LIFE, DEFERRED COMPENSTION, LONG-TERM DISABILITY AND UNEMPLOYMENT INSURANCE All designated officials, full-time employees and designated regular part-time emplo ees are eligible to receive group health, dental, vision, life, deferred compensation, disability insur ce and unemployment insurance within the City's group insurance carrier(s), with the administrative ost and premiums paid by the City to a maximum established in Section 7, after 30 days of emp oyment. Dependents of employees are eligible for health, dental and vision insurance. SECTION 7. FRINGE BENEFIT PACKAGE An employee benefit program is authorized wherein all designated employees, full-time and designated regular part-time employees have a choice of medical and/or fringe benefits, as described in Section 6, in an amount not to exceed $720.00 a month (pro -rated for regular part-time employees), paid by the City. A. Members of the City Council and employees defined as OW Management shall re leive an additional $30.00 per month to be applied as described in Section 6. B. All eligible employees shall participate in the Life, Dental and Vision Insurance programs. he City shall pay the cost of the employee in addition to the benefit program described in Section 6 or Section 7(A). Monies in excess of the City `s 457 Plan shall be paid off annually each December. C. All eligible employees may participate in the City's 401(A) deferred compensation plan. Rules SECTION 8 9. STATUS OF EMPLOYMENT Page 4 All employees serve under the City Manager, pursuant to Government Code Section 34156. Per Government Code Section 36506, nothing in these rules and regulations shall be construed to provide employees with any tenure or property interest in employment. SECTION 9 4-0. PUBLIC EMPLOYEES' RETIREMENT SYSTEM - COMPENSATION The City of Diamond Bar shall pay the employee contribution of said employee salary to Public Employees' Retirement System (PERS) as deferred income. SECTION 10 14. PAY PERIODS The compensation due to all officers and employees of the City shall be paid on a bi SECTION 114-2. PAY DAYS Warrants, checks or electronic transfers in the payment of compensation shall be made by the City to employees and officers of the City on the Friday succeeding the close of any € period. In an event that pay day falls on a holiday, all warrants, electronic transfers or checks in of compensation shall be made available to the City employee on the last work day preceding the SECTION 12 13. WORKING HOURS AND OVERTIME State basis. lable . pay iday. A. Nine (9) hours Monday through Thursday and eight (8) hours on Friday, exclusivef lunch period, shall constitute a day's work for all full time employees participating in the 9/80 fl x plan. Employees participating in the 9/80 -flex plan will work 80 hours in a nine -day period. Eight (8) hours, exclusive of lunch period, shall constitute a day's work for all full time err�ployees participating in the traditional eight- (8) hour work schedule. Ir Rulessolution Page 5 B. The official work week of the City of Diamond Bar shall be Monday through Thursday, :30 a.m. to 5:30 p.m., and Friday, 7:30 a.m. to 4:30 p.m. It shall be the duty of each Departmeni Head to arrange the work of their Department so that each employee therein shall not work more than five days in each calendar week. The City Manager may require an employee to temporaril perform service in excess of five (5) days per week when public necessity or convenience so requires. 1. The work period will be begin at 12:01 p.m. on Friday and end the following Fridat at noon for all full-time employees on a traditional schedule and all full-time employees sch duled to be off on Fridays in accordance with the 9/80 work schedule. 2. The work period will begin at 12:01 p.m. on Monday and end the following Mon ay at 12 noon for all full-time employees scheduled to be off on Mondays in accordance witl the 9/80 schedule. C. Whenever an employee, other than WffiffiN a Managem employee, shall be required to work overtime, beyond 40 hours per week, such person shall receive compensation for such overtime worked at one and one-half (1 1/2) times the regular rate of pay, provided they have completed full 40 hour work week. D. Any full time employee, other than , who is r uired to work on an observed holiday beyond the regular 40 hour work week, shall be entitled toay at the rate of two (2) times the regular rate of pay provided they have worked a 40 hour work wlek. E. employees are prohibited from working overtime without express authorization from the City Manager. F. There is nothing contained within this Section to exclude the City from implementing$ 4-10 or traditional Plan at their option. YEARS OF SERVICE 1-5 610 11 & up ANNUALVACATION 80 hours 120 hours 160 hours ACCRUAL 3.08 hours per pay period 4.62 hours per pay period 6.15 hours per pay period B. Vacation time may be accumulated to a maximum of 160 hours. Once the 160 -hour accumulation is exceeded, no further vacation leave shall accrue until the AGENDA Rules Revised 6.12A )lution Page 6 )n 13K employee reduces the accumulation below the maximum. The City Manager may approve vacation time accumulations exceeding 160 hours, provided the vacation hours are scheduled to be expended within one month of exceeding the maximum hours. The City Manager may also allow the vacation time to be reduced through the pay out of vacation time. Requests for exceeding maximum accruals or payout should be submitted in writing to the City Manager. C. The total vacation allowance shall be computed to the nearest whole day based upont e number of full months of City service. D. In the event one or more observed holidays follow accumulated vacation leave, such da s shall not be charged as vacation leave and the vacation leave shall be extended accordingl for those employees eligible for such holidays. E. An employee shall take vacation at such time during the calendar year based upon du regard to the needs of the employee's services and the work schedule. F. Vacation shall be taken during the year following which the vacation privilege has been G. The time set for the vacation of the City Manager shall be subject to the approval f the City Council. H. Employees who terminate shall be paid the salary equivalent to all accrued and acumulated vacation. 1. All vacation requests shall be made at least ten (10) days in advance and employee's supervisor and City Manager must give prior approval, JJ J. If an employee does not request time off in advance and simply does not show up for work, the City Manager may deny the use of vacation time or other benefit for the time of'. and said employee is subject to disciplinary action including discharge. K. tempt Management employees, for the purpose of accrual, shall be credited wit previous municipal experience, up to five (5) years of full-time service. SECTION 14 IS. SICK LEAVE A. Sick leave with pay shall be accrued by full-time employees at a rate of 3.08 hours per ay period. Regular part-time employees are eligible for sick leave receive such a pro -rated accrua rate based upon hours scheduled to work. B. Employees are eligible to use sick leave, as it is accrued and/or accumulated. C. Unused sick leave may be accumulated to a maximum total not to exceed 160 hours. �bsence or illness may not be charged to sick leave if not already accrued and/or accumulated. D. Each full time employee shall be paid annually for all accrued sick leave in ex ess of the maximum allowable accumulation of 160 hours at a rate of one-half the employee's c ent wage Rules R solution Page 7 at the time of payment. Said payment is to be made during the month of December, of at such other time as the City Manager may determine, at his/her absolute discretion, as appropria e. E. Sick leave shall be allowed only in case of necessity and actual sickness or disabili y of the employee or dependent family members, as determined by the City Manager. In order t receive " sick leave with pay, the employee shall notify the Department Head p 'or to or within two (2) hours after the time set for beginning daily duties. The City Manage may, if he/she deems necessary, require the employee to file a Physician's Certificate or a Personal Affidavit. F. Sick leave shall not accrue to any employee for any month in which that employee is In unpaid leave and does not work a minimum of 80 hours in any one month. G. If an employee does not show up for work and does not call in within two hours, the City �a,,,,age, may deny use of sick leave for the unauthorized time off, and employee is subject to di plary action. H. Except as otherwise required by law, employees using all accumulated sick leave may b deemed to have abandoned their employment. I. After five (5) years of service, when an employee retires, resigns or terminates in goodl standing, that employee will be paid all accumulated sick leave at a rate of one-half (1/2) of the a ployee's current rate of pay at his/her date of termination. Sick leave to attend to the illness of a child, parent, or spouse of the employ eeM=seo California Labor Code Section 233). Use of sick leave for this purpose (as opposed for an employee's own illness), shall be limited to half the yearly sick leave entitlement n any one (1) year period. The amount of leave available is limited to what the employee accru d prior to utilizing sick leave for this purpose. Additionally, sick leave taken for this purpos shall be allowed only in the case of necessity of and actual illness of an employee's child, parent or spouse as determined by the City Manager. In order to receive sick leave with pay for this p rpose, the employee shall notify the Department Head prior to or within (2 hours after the s art of the employee's scheduled work shift. The City Manager may, if he/she deems necessary, equire the employee to file a Physician's Certificate (regarding the illness of the employee's chil parent or spouse) or an Affidavit stating the cause of absence. Use of sick leave under this sectio shall not extend the maximum period of leave to which an employee is entitled under Family d Medical Leave (Section 16). SECTION 15 4-6. FAMILY AND MEDICAL LEAVE The family and medical leave policy complies with the California Government Cod , Sections 12945, 12945.2, and 19702.3, and the federal Family and Medical Leave Act of 1993. Calforma law shall prevail unless preempted by federal law. Copies of the state and federal acts are available in the Personnel Department. Following is asummary of pertinent sections. JJ Rules Page 8 A. The family and medical leave allows for an eligible employee to take twelve (12) weeks of leave in a twelve (12) month period for the birth, adoption, or foster care of a child; the serio s health condition of the employee's child, parent or spouse; or the employee's own serio s health condition. B. During the twelve (12) week period, paid leave may be charged to accrued benefit tirn such as vacation, administrative leave and floating holidays, at the employee's request during t e family and medical leave period as long as the total time off does not exceed twelve (12) w eks in a twelve (12) month period. In addition, accrued sick leave may be used at the employee' request, in accordance with Section 15. If the employee has extinguished their benefit leave an accrued leave balance, but have a balance in their FMLA, they are still eligible to take the time, but must do so at no pay and with no accrual of leave time (sick or vacation). C. Health insurance benefits shall continue for the duration of the family and medical leave lunder the same conditions as if the employee had continued employment. If the employee fails tq return to work after the period of leave to which the employee is entitled has expired, the City is ntitled to recover the premiums paid on behalf of the employee for maintaining coverage. D. To be eligible for family and medical leave, the employee must be employed by t City of Diamond Bar for at least 12 months and has worked at least 1,250 hours over the pr ious 12- month period for the City of Diamond Bar. E. The City will use a rolling 12 -month period measured backward from the date the emp�oyee uses FMLA. F. The City Manager may, if he/she deems necessary, required the employee to file aphysicians Certificate or Personal Affidavit stating the cause of absence. G. When a husband and wife are both employed by the City of Diamond Bar, they are Ii ited to a total of 12 weeks collectively for family leave during the 12 -month period. Employee will be reinstated to the same position of employment held when the emplo ee's leave commenced; or reinstated to an equivalent position with equivalent employment benefit , pay, and other terms and conditions of employment, unless position ceased to exist for reasons elated to the leave. SECTION 16 4-7. PREGNANCY DISABILITY LEAVE In compliance with California law, the following section has been added. Separate fr m FMLA, when an employee is pregnant, they are eligible for six weeks of leave for a normal childbirt and up to 16 weeks when there is certification by a physician that there is a disability or related medic 1 condition due to the pregnancy. A. During the Pregnancy Disability Leave Time, paid leave may be charged to accrued lenefit time such as vacation, administrative leave and floating holidays, at the employee's r quest. In addition, accrued sick leave may be used at the employee's request, in accordance with Section 15. If the employee has extinguished their benefit leave and accrued leave balance, but ha e a balance in their PDL, they are still eligible to take the time, but must do so at no pay and wi no accrual of leave time (sick or vacation). i Rules (Resolution Page 9 B. Health insurance benefits shall continue for the duration of the Pregnancy Disability Leave under the same conditions as if the employee had continued employment. If the employee fai s to return to work after the period of leave to which the employee is entitled has expired; the Cit is entitled to recover the premiums paid on behalf of the employee for maintaining coverage. C. The City Manager may require the employee to file a physician's certificate or personal ffidavit if the leave is to be for more than a six-week period. SECTION 17 4-8. BEREAVEMENT LEAVE When circumstances are such and the City Manager determines that conditions warrant three (3) paid bereavement leave days may be granted in the event of death of a relative of a full-time mployee. "Relative" is defined as spouse, parents, children, step -children, brother, sisters, grdparents, grandchildren, half-brothers, half-sisters, aunts, uncles, to the City employee or as may be ap roved by the City Manager. SECTION 18 4-9. UNAUTHORIZED LEAVE If an employee does not show up for work for three consecutive work days without noti ng said employee's supervisor or Department Head, said employee shall be considered to have v luntarily terminated employment with the City. SECTION 19 20. ON-THE-JOB INJURY Whenever a person is compelled to be absent from employment with the City on account of inju arising out of or in the course of that employee's employment as determined by the Workers' Compensa ion Act, the employee may elect to apply pro -rated accrued sick leave, if any, to such absence t receive compensation of an amount of the difference between the compensation received under the orkers' Compensation Act and that employee's regular pay, not to exceed the amount of the employee' earned sick leave. An employee in such instance may also elect to use any earned vacation time in lik manner after sick leave is exhausted. The City will pay the employee up to three (3) days of that e loyee's regular salary as it relates to an on-the-job injury and if not covered by Workers' Compensation. SECTION 20 21. JURY DUTY If a full-time employee is called for jury duty, such person shall receive regular pay while 4etually performing jury service, however, any amount received by such employee as payment for services as juror shall be reimbursed to the City. All mileage paid to the employee, as a juror shall not be co sidered as a reimbursable item to the City. Regular part-time employees who are eligible for jury duty receive such as a pro -rated accrual rate based upon hours scheduled to work. SECTION 2122. ATTENDANCE Full time employees shall be in attendance at their work in accordance with the rules hours of work, holidays, and leave. Departments shall keep attendance records of all e Absence of any employee without leave may result in possible disciplinary action, including dis Rules SECTION 22 23. HOLIDAYS Page 10 A. Holidays which fall on Saturday shall be observed on the preceding Friday, and holi ich fall on Sunday shall be observed on the following Monday. Paid holidays are Orly fortheobserved days. B. The City of Diamond Bar's observed paid holidays are as follows: 1. New Year's Day (January 1) 2. President's Day (observed the third Monday in February) 3. Memorial Day (observed the last Monday in May) 4. Independence Day (July 4) 5. Labor Day (observed first Monday in September) 6. Veteran's Day (November 11) 7• Thanksgiving Day 8. Day following Thanksgiving Day 9. Christmas Eve (December 24) 10. Christmas Day (December 25) 11. Sixteen (16) Floating Holiday Hours C. If an observed holiday falls on a nine (9) hour work day under the 9/80 work schedule, those employees on the 9/80 schedule shall receive nine (9) hours of holiday pay and those employees on a traditional work schedule shall receive eight hours of holiday pay. D. If an observed holiday falls on an eight (8) hour work day under the 9/80 work schedule, those employees on the 9/80 schedule shall be receive eight (8) hours of holiday pay ajid those employees on the traditional work schedule shall receive eight (8) hours of holiday pay. SECTION 23 34. FLOATING HOLIDAY HOURS A. Each full time employee is allowed sixteen16 ( ) hours per calendar year, January through December. Regular part-time employees are allowed prorated floating holiday hours per alendar year, January through December based upon hours scheduled to work. B. Floating Holiday hours are not cumulative and must be used during the above period or said employee will lose the allocated hours. C. Each employee must submit a request in advance, and approval must be given by the em loyee's supervisor and Department Head. D. An employee is eligible to use floating holiday hours as they are accrued. E. Floating Holiday hours may be used in lieu of sick leave only if all other benefit time h s been exhausted.. Rules Resolution Page 11 SECTION 24 25. TRAINING PLAN The City Manager and employees of the City are eligible to request specialized trabLing in the form of symposiums, special courses, forums, etc., at the City's expense. SECTION 25 -26. LEAVE OF ABSENCE Leave of absence without pay may only be granted by the City Manager and shall not c xceed one year, except as otherwise prescribed by law. SECTION 26 27. RESIGNATION An employee wishing to terminate employment in good standing shall file a written resignation with the City Manager stating the effective date and reasons for Ieaving, at least two (2) weeks p 'ortothe resignation. Failure to give such notice shall mean the employee did not terminate in good standing, unless by reason of hardship and upon that employee's request, the City Manager has waived the two- week notice requirement. SECTION 27 2-8. ANTI -NEPOTISM PROVISION A. Relatives of those listed below may not be employed anywhere in the City organization: 1. City Council Members; 2. Standing Board and Commission members; 3. Management Team Members of the City; 5. Employees of the City Manager's Department; or 6. Employees of the Personnel Department. B. The employment of a relative within a department is prohibited when they: 1. Perform joint duties; 2. Share responsibility of authority; 3. Function in the same chain of command; and 4. Work on the same shift at the same work site. C. For business reasons of supervision, safety, security or morale, the City may refuse to p ace one spouse under the direct supervision of the other spouse. D. For business reasons of supervision, safety, security or morale, an employer may refuse a place both spouses in the same department, division, or facility if the work involves potentialconflicts Of interest or other hazards greater for married couples than other persons. E. "Relative" means child, stepchild, parent, grandparent, grandchild, brother, sister, half-brother, half-sister, aunt, uncle, niece, nephew, parent -in-law, brother -in Iaw, sister-in-law, or another individual related by blood or marriage. F. "Employee" means any person who receives a City paycheck for services rendered to the City. G. For business reasons, these sections shall be enforced to address the marriage of employees in the City's employment, within six (6) months of said marriage. Rules Page 12 H. Exceptions to this section may be made by the City Manager in unusual circumstances where the concerns addressed by this policy are not implicated. Any appeal of the enforcem nt of this section shall be in accordance to the City's grievance procedures. SECTION 28 23. NON-DISCRIMINATION The City of Diamond Bar does hereby affirm to adopt and support a policy of non -disc 'urination with regard to all phases of personnel recruitment, selection and appointment. The City further declares that it will not exclude from participation in, deny the benefits to, or subject to discrimination y person on the basis of race, color, sex, religious affiliation, national origin, age or disability, thereby affi rining the City of Diamond Bar's posture as an equal opportunity employer. SECTION 29 30. EMPLOYEE PERFORMANCE EVALUATION APPEALS PROCEDURES It is the intent of the City to offer fair and equitable appeals procedures ' fore ployee',, performance evaluations. Below are the official guidelines. A. Employee and supervisor meet to review and discuss the employee's performance evalua on. B. The employee may respond in writing to the contents of the evaluation. The emploee must submit this response to the Department Head within five (5) working days immediately flowing receipt of the evaluation, C. The Department Head, as the reviewing official, shall respond in writing to the employe within five (5) working days. This response becomes an official part of the evaluation. D. If the Department Head does not respond or if the employee chooses to continue t appeal following the response from the reviewing official, the employee must submit an a ditional written response to the Personnel Officer within five (5) working days after receip of the reviewing official's response. E. The Personnel Officer shall review the evaluation appeal within five (5) days with thee ployee, supervisor and Department Head. Every effort will be made at this level to resolve thea peal. If the Personnel Officer and City Manager are the same, the appeal shall proceed directly to I he City Manager. If the Personnel Officer and City Manager are the same, the appeal shall procced directly to the City Manager. R If the matter is not settled, a written appeal may be submitted to the City Manager by the employee within five (5) working days following the decision rendered in writing y the Personnel Officer. G. The City Manager shall review the appeal with the employee, supervisor, Department -H d and Personnel Officer. The decision shall be rendered in writing within fifteen (15) working ays by the City Manager, and the decision of the City Manager shall be final. Rules Page 13 SECTION M 34. POST OFFER PHYSICAL EXAMS As a condition of an offer of City employment must successfully pass a post -offer pJandid sicaland substance abuse exams and are subject to fingerprinting and a background investigation.Theates being considered for employment will be sent to a City authorized physician at the City's expen. SECTION 31 32. EMERGENCY CALL -OUT POLICY The following Emergency Call -Out Policy shall be adhered to: A. When a full time employee or part-time, other than�`' out for a City emergency, the employee shall be given a minimum of two hours pay�re ars calless ed the amount of time it takes to rectify the problem. B. The employee shall be paid overtime per Section 12. SECTION 32 33. ADMINISTRATIVE LEAVE -----� employees are allowed sixteen (16) hours of administrative leave 3er fiscal year. Additional days of leave may be authorized by the City Manager, based on the numbe of total hours the individual works over and above 40 hours per work week. Administrative leave may not be accumulated and carried over to the following year. It must be Ased by June 30 of each fiscal year. Leave maybe granted in hourly increments. Requests shall be submitted to employee's immediate supervisor for approval, then forwarded to the City Manager for approval, Administrative leave will be authorized at the convenience of the City and the work schedule. SECTION 33 34. MEDICARE Pursuant to Revenue Billing 86-68 of the Internal Revenue Code, all employees hired after 31, 1987 will have 1.45 percent of their base salary deducted from their paycheck to be paid to Me The City will match the 1.45 percent as mandated by law. Rules Resolution Page 14 SECTION 34 35. IMMIGRATION REFORM AND CONTROL ACT OF 1986 In compliance with the Immigration Reform and Control Act of 1986, all new emplo ees must verify identity and entitlement to work in the United States by providing required documentation[ SECTION 35 -36. EXTENDED BENEFITS - COBRA The Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) provide for the continuation of health care coverage to certain employees who terminated employment and betLefiCiarieS of employees who die, become disabled or are divorced. Employees become eligible for ontinued coverage upon termination of service, whether voluntary or not (other than termination for gross misconduct), retirement or reduction in hours worked. For these employees and their dendents, continued coverage is available for the time period set forth by law, at their expense. SECTION 36 37. TUITION REIMBURSEMENT Subject to Council fiscal year budget authorization, each full-time and regular part-time on a pro- rated basis) employee shall be entitled to reimbursement in the amount of $500 per fiscal year, for college -level or university -level educational courses (including tuition and related books), w fich have been approved by the Personnel Officer or his/her designate as being job-related and of value t the City. Reimbursement under this Section is contingent upon the verification of the attainment of a lett grade of "C" or better, or in those cases where no letter grade is given, verification of completion of t e course with a "Pass" or "Credit" grade and submittal of a receipt for registration bearing the name of the course, for which reimbursement is being requested. In the case of reimbursement for books for any approved/verified course; a syllabus, course reading list or course outline showing the book as being required for the course, plus a receipt bearing the title of the book shall be submitted. SECTION 37 -38. PART TIME EMPLOYEES' RETIREMENT Effective July 1, 1991, intermittent and seasonal part-time employees will be cov red by a retirement system, under Social Security (OASDI). An employee's contribution rate shall be 6.2% on wages up to the maximum provided by law. The employer's tax rate is the same. Election w rkers and emergency workers are excepted from coverage, under this section. Regular part-time empl yees are covered under the State Public Employees' Retirement System (PERS). SECTION 38 39. SEVERABILITY The City Council declares that, should any provision, section, paragraph, sentence, or work of this Resolution be rendered or declared invalid by any final Court action in a court of competent j ui isdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentc nces, and words of this Resolution shall remain in full force and effect. SECTION 39 49. Resolution No. 2001-43 is hereby repealed in its entirety. Rules Resolution Page 15 ADOPTED AND APPROVED THIS day of , 2002 Mayor 1, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certif that the foregoing Resolution was passed, approved and adopted at a meeting of the City Council of t e City of Diamond Bar held on the day of , 2002, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ATTEST: Lynda Burgess City Clerk of the City of Diamond Bar ATTACHMENT B RESOLUTION NO. 2002 -XX A RESOLUTION OF THE CITYY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING SALARY RANGES FOR ALL CLASSES OF EMPLOYMENT WHEREAS, the City Council of the City of Diamond Bar has adopted the annual budget for fiscal year 2001-2002; and, WHEREAS, the City Council of the City of Diamond Bar wishes to establish salary ranges' for the compensation of its employees, including cost of living adjustments and compliance wih minimum wage requirements; WHEREAS, it is necessary to assign each position to a job classification number that ref7ec�s the various levels as either part-time, non-exempt, exempt or executive -management (exempt); WHEREAS, it is necessary from time to time to establish comprehensive job classifications and salary schedules to fix the rate of compensation to be paid to employees of the City. 26,315.26 27,631.02 29,012.57 30,463.20 31,986.36 33,585.68 35,264.97 NOW, THEREFORE, the City Council of the City of Diamond Bar, does hereby repeal all previous salary resolutions and establishes salary ranges for full-time and part-time position as follows: CITY OF DIAMOND BAR SALARY RANGES BY POSITION FY 2001-2002 FULL-TIME NON-EXEMPT POSITIONS (Job Classillcations 1000-1599) STEP Range Job Title A B C D E G 834 Re"Puenist 8:43 &90 48.40 49:92 754.4793 792:2032 831,8434 873.4044 4,634.71 4,716.44 4,802.26 42.38 44-46 947.0743 1;98698 42,654 1,014.9744 2,190:66 867 49;646.46 29;597.28 24,627.15 22798.61 U"4 4445 4202 4-2:63 6724929 946 4a 76 964.9236 1,9489496 4,890.49 4;984.92 2;984.1 2,188,38 23,843.9 43-26 4,069,6296,4!q 2;297.79 1 26,281.93 44,62 1,469,2240 2,633.32 1037 22;684,82 23;819.96 25;849:84 26,260;54 Office.Asslstant 11.51 12.08 12.69 13.32 27-,573.54 13.99 14.9 30;39848 15.42 Ek*gypw 920.5029 966.5281 1,014.8545 1,065.5972 1,118.8771 1,174.82 9 1,233.5620 Records Geor&a 1,994.42 2,094.14 2,198.85 2,308.79 2,424.23 2,545.5 2,672.72 4•r'mWedation CleFk 23,933.08 25,129.73 26,386.22 27,705.53 29,090.80 30,545. 4 32,072.61 1141 Account Clerk I! 12.65 13.28 13.95 14.65 15.38 16. 5 16.95 office AssistantASearetary 1,012,1254 1,062.7316 1,115.8682 1,171.6616 1,230.2447 1,291.75 0 1,356.3448 Community Services Coordinator 2,192.94 2,302.59 2,417.71 2,538.60 2,665.53 2,798. 1 2,938.75 26,315.26 27,631.02 29,012.57 30,463.20 31,986.36 33,585.68 35,264.97 Public Works Supervisor 1752 Senior ManagementAnalyst 19.49 20.46 21.49 22.56 23.69 24 87 26.12 1,559.1750 1,637.1338 1,718.9905 1,804.9400 1,895.1870 1,989.944 2,089.4437 3,378.21 3,547.12 3,724.48 3,910,70 4,106.24 4,311.5 4,527.13 40,538.55 42,565.48 44,693.75 46,928.44 49,274.86 51,738. 1 54,325.54 1890 Executive Assistant 20.96 22.01 23.11 24.26 25.48 26.75 28.09 1,676.7832 1,760.62241,848.65351,941.0862 2,038.1405 2,140.045 2,247.0499 3,633,03 3,814.$8 4,005.42 4,205.69 4,415.97 4,636.7 4,868.61 43,596.36 45,776.18 48,064.99 50,468.24 52,991.65 55,641.4 58,423.30 FULL-TIME NON-EXEMPT POSITIONS (Job Classifications 1000-1599) STEP Range Job Title A B C D E 1 F G 1203 Parks Maintenance Worker 13.34 14.01 14.71 15.45 16.22 17.03 17.88 1,067.4880 1,120,8624 1,176.9055 1,235.7508 1,297.5383 1,3 .4152 1,430.5360 2,312.89 2,428.54 2,549.96 2,677.46 2,811.33 2, 51.90 3,099.49 27,754.69 29,142.42 30,599.54 32,129.52 33,736.00 35, 22.80 37,193.94 1257 Administrative Assistant Secretary 13.94 14.64 15.37 16.14 16.95 ' 17.80 18.69 Senior Account Clerk 1,115.4727 1,171.2464 1,229.8087 1,291.2991 1,355.8641 1,42 .6573 1,494.8402 2,416.86 2,537.70 2,664.59 2,797.81 2,937.71 3, 84.59 3,238.82 29,002.29 30,452.41 31,975.03 33,573.78 35,252.47 37, 15.09 38,865.84 1365 Senior Administrative Assistant 14.70 15.43 16.20 17.01 17.86 18.76 19.69 Secretary 1,175.6957 1,234.4805 1,296.2045 1,361.0147 1,429.0655 1,50 .5187 1,575.5447 2,547.34 2,674.71 2,808.44 2,948.87 3,096.31 3, 51.12 3,413.68 30,568.09 32,096.49 33,701.32 35,386.38 37,155.70 39, 13.49 40,964.16 1437 Assistant City Clerk 15.94 16.74 17.58 18.46 19.38 0.35 21.37 Recreation Specialist 1,275.4588 1,339.2318 1,406.1934 1,476.5030 1,550.3282 1,6278446 1,709.2368 Neighborhood lmprovement.01ficer 2,763.49 2,901.67 3,046.75 3,199.09 3,359.04 3,5 7.00 3,703.35 33,161.93 34,820.03 36,561,03 38,389.08 40,308.53 42,3 3.96 44,440.16 1519 Management Information Systems 16.85 17.69 18.58 19.51 20.48 1.51 22.58 (MIS) Technician 1,348.0162 1,415.4171 1,486.1879 1,560.4973 1,638.5222 1,720. 483 1,806.4707 2,920.70 3,066.74 3,220.07 3,381.08 3,550.13 3,7 7.64 3,914.02 35,048.42 36,800.84 38,640.89 40,572.93 42,601.58 44,7 1,66 46,968.24 FULL-TIME EXEMPT POSITIONS (Job Classifications 1600-1999) STEP Ranee Job Title A B C D E G 1635 Accountant 11 18.13 19.04 19.99 20.99 22.04 2 .14 24.30 Assistant Engineer 1,450.3955 1,522.9153 1,599.0610 1,679.0141 1,762.9648 1,851.1 30 1,943.6687 Assistant Planner 3,142.52 3,299.65 3,464.63 3,637.86 3,819.76 4,01 .74 4,211.28 Development Services Assistant 37,710.28 39,595.80 41,575.59 43,654.37 45,837.08 48,12 .94 50,535.39 Management';4"Wlyst Public Works Supervisor 1752 Senior ManagementAnalyst 19.49 20.46 21.49 22.56 23.69 24 87 26.12 1,559.1750 1,637.1338 1,718.9905 1,804.9400 1,895.1870 1,989.944 2,089.4437 3,378.21 3,547.12 3,724.48 3,910,70 4,106.24 4,311.5 4,527.13 40,538.55 42,565.48 44,693.75 46,928.44 49,274.86 51,738. 1 54,325.54 1890 Executive Assistant 20.96 22.01 23.11 24.26 25.48 26.75 28.09 1,676.7832 1,760.62241,848.65351,941.0862 2,038.1405 2,140.045 2,247.0499 3,633,03 3,814.$8 4,005.42 4,205.69 4,415.97 4,636.7 4,868.61 43,596.36 45,776.18 48,064.99 50,468.24 52,991.65 55,641.4 58,423.30 FULL-TIME EXEMPT POSITIONS (Job Classifications 1600-1999) Superintendent of Parks/Maintenance 43,766.42 45,954.74 48,252.48 50,665.11 53,198.36 55,458.28 58,651.19 1987 Assistant to the City Manager Associate Engineer Associate Planner Recreation Superintendent 1990 Senior Engineer 2436 Senior Planner 1995 Public Information Manager 2280 22.04 23.14 24.30 25.51 26.79 1,763,1502 1,851.3078 1,943.8731 2,041.0668 2,143.1201 2 3,820.16 4,011.17 4,211.73 4,422.31 4,643.43 45,841.91 48,134.00 50,540.70 53,067.74 55,721.12 23.69 1,895.3861 4,106.67 49,280.04 24.88 26.12 27.43 28.80 STEP 2,303.8537 2,41 4,312.00 4,527.60 4,753.98 4,991.68 5, Rance Job Title A B C D E F G 1897 Communications & Marketing 21.04 22.09 23.20 24.36 25.58 26.85 28.20 Coordinator 1,683.3240 1,767.49021,855.86471,948.6579 2,046.0908 2,14.3954 2,255.8151 Senior Accountant 3,647.20 3,829.56 4,021.04 4,222.09 4,433.20 4, 54.86 4,887,60 Superintendent of Parks/Maintenance 43,766.42 45,954.74 48,252.48 50,665.11 53,198.36 55,458.28 58,651.19 1987 Assistant to the City Manager Associate Engineer Associate Planner Recreation Superintendent 1990 Senior Engineer 2436 Senior Planner 1995 Public Information Manager 2280 22.04 23.14 24.30 25.51 26.79 1,763,1502 1,851.3078 1,943.8731 2,041.0668 2,143.1201 2 3,820.16 4,011.17 4,211.73 4,422.31 4,643.43 45,841.91 48,134.00 50,540.70 53,067.74 55,721.12 23.69 1,895.3861 4,106.67 49,280.04 24.88 26.12 27.43 28.80 1,990.1554 2,089.6632 2,194.1464 2,303.8537 2,41 4,312.00 4,527.60 4,753.98 4,991.68 5, 51,744.04 54,331.24 57,047.81 59,900.20 62, 25.58 26.85 28.20 29.61 31.09 2,046.0810 2,148.3851 2,255.8044 2,368.5946 2,487.0243 2,611 4,433.18 4,654.83 4,887.58 5,131.95 5,388.55 5,E 53,198.11 55,858.01 58,650.91 61,583.46 64,662.63 67,8 EXECUTIVE MANAGEMENT (EXEMPT) (Job CIassifications 2000-3999) STEP Rance Job Title A B C D E 2319 City Clerk 25.72 27.00 28.35 29.77 31.26 2,057.3030 2,160.1682 2,268.1766 2,381.5854 2,500.6647 4,457.49 4,680.36 4,914.38 5,160.10 5,418.11 53,489.88 56,164.37 58,972.59 61,921.22 65,017.28 2571 Community Services Director Deputy Public Works Director Finance Director 28.51 29.94 31.44 33,01 34.66 3E 2,281.1685 2,395.2259 2,514.9883 2,640.7377 2,772.7746 2,911.4 4,942.53 5,189.66 5,449.14 5,721,60 6,007.68 6,30E 59,310.38 62,275.90 65,389.70 68,659.18 72,092.14 75,69E 2985 City EngineerlPublic Works Director 33.11 34.76 36.50 38.33 40.24 Community Development Director 2,648.7119 2,781.1475 2,920.2049 3,066.2152 3,219.5259 5,738.88 6,025.82 6,327.11 6,643.47 6,975.64 68,866.51 72,309.84 75,925.33 79,721.59 83,707.67 3172 Deputy City Manager 35.18 36.94 38.79 40.73 42,77 2,814.6806 2,955.4147 3,103.1854 3,258.3447 3,421,2619 6,098.47 6,403.40 6,723.57 7,059.75 7,412.73 73,181.70 76,840.78 80,682.82 84,716.96 88,952.81 29.53 2,362.7900 5,119.38 61,432.54 31.75 2,539.9987 5,503.33 66,039.97 .64 34.27 t55 2,741.9443 .98 5,940.88 .76 71,290.55 G 34.46 2,756.9828 5,973.46 71,681.55 38.21 3,056.9840 6,623.47 79,481.58 44.37 3,549.5273 7,690.64 92,287.71 47.15 3,771.9413 8,172.54 98,070.47 PART-TIME/HOURLY POSITIONS Range Job Title 515 Community Services Worker 537 Community Services Leader 1 753 Community Services Leader 11 754 Intern 975 Parks Maintenance Helper 775 Community Services Coordinator 4w A B C 600 Engineering Aide 4343 F Boo Job Title 937 Community Services Leader f 537 (Job Classifications 100-899) 953 Community Services Leader 11 754 (BeneEted position) 975 Community Services Coordinator 4444 (Benefited position) PART-TIME NON -BENEFITED (Job Classifications 904-999) (Job Classifications 100-899) STEP STEP A B C D E A B C D E 9.52 F 9 6.75 7.09 7.45 7.82 8.21 12.65 13.28 13.95 8.62 9.05 7.38 7.75 8.35 8.93 9.52 !10.11 10.62 8.34 8.93 9.52 10.11 10.71 11.32 11.91 12.65 13.28 13.95 14.65 15.38 6.15 16.95 13.94 14.63 15.37 16.14 16.95 7.79 18.69 PART-TIME BENEFITED (Job Classifications 904-999) STEP A B C D E G 7.38 7.75 8.35 8.93 9.52 1 .11 10.62 8.34 8.93 9.52 10.11 10.71 1132 11.91 12.65 13.28 13.95 14.65 15.38 1615 16.95 PASSED, ADOPTED AND APPROVED this day of , 2002. MAYOR 1, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of Diamond Bar held on the day of , 2002, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ATTEST: CITY CLERK OF THE CITY OF DIAMOND BAR Agenda # 7 1 Meeting Date: ril 16, 2002 CITY COUNCIL �� AGENDA RE ORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Managers TITLE: DEVELOPMENT CODE AMENDMENT NO. 2002-01 Pertaining to Compute Services/Network Gaming Centers. RECOMMENDATION: It is recommended that the City Council receive the staff report,) open the public hearing, receive testimony and approve the first reading of Ordinance No. (2002 FINANCIAL IMPACT: N/A BACKGROUND: Pursuant to Development Code Section 22.70, the City is requesting approval of Developrr ent Code Amendment No. 2002-01 pertaining to allowing computer services/network gaming c nters. The following Articles and Sections of the Development Code are proposed for modificatio Article II • Section 22.10.030, Commercial/Industrial District Land Uses and Permit Require Table 2-5 and Table 2-6 Article III • Section 22.42.035, Computer Services/Network Gaming Centers Article VI • Section 22.50.020 Definitions of Specialized Terms and Phrases, Definitions, "C" On March 12, 2002, the Planning Commission, at a public hearing, recommended approval f the proposed amendment to the City Council via Resolution No. 2002-04. Prior to recommendi g approval, the Planning Commission discussion centered on this new technology driven land use issues related to parking, curfew, loitering, age restriction, adult supervision, security, cost o repeat service calls for a sheriff deputy, business that may occur between specific hours of operation, noise, hours of operation, censoring, and amortization. DISCUSSION: The City of Diamond Bar has received many requests to permit a new technology driven I nd use that originated in South Korea and is opening in several areas throughout the Southland. It may be identified as computer services/network gaming centers (AKA: PC arcades, cybercad s and cyber cafes). This new technology driven land use provides on-site computer use that rel tes largely to Internet, multi -player PC games at high-speed. In addition, most centers allow atrons to check e-mail, download files, perform word processing and access the Internet. Furthe more, patrons are provided the opportunity to utilize computers in a social setting and for those t iat may not be able to own their own computer, one is available at a nominal fee. Typically, space for 10 to 100 computer systems are provided at approximately 35 square feet of gross floor area each on a rental basis. The targeted audience is between 12-23 years old who desire to play computer games at very fast speeds for very little money ($2.00 to $4.00 per hour). As a result, the ity of Diamond Bar is requesting a Development Code Amendment with the intent of modifying t e existing Code to better represent the changing face of technology and this new business u e. These computer services/network gaming centers can be beneficial as "a place were kids an come together and make connections" instead of playing by themselves in their parents' h me. Patrons prefer to use PC centers because they can spend time with friends and take adva tage of the high-speed connections, which generally aren't available at home. However, there is a downside to this new land use. Many business owners want to open early and close late. These PC centers can be loud and their product, the Internet, can be addicting. Parking and loit ring problems occur due to the longer stay of patrons. Additionally, problems arise related to a ult supervision, security and censoring. Many cities in Southern California are confronted with numerous requests to allow comput r services/network gaming centers. The cities of Walnut, San Gabriel and Los Alamitos hav adopted an ordinance permitting this type of use with a specific process and standards. Ot er cities (Chino, Chino Hills, Glendale, Claremont, La Mirada, Rancho Cucamonga, and Rose ead classify computer services/network gaming centers as a use similar to video game arcades and utilize a Conditional Use Permit for processing and/or are working on creating an ordinance specific to this new land use. The City of Brea does not identify this type of use in the code and when this situation occurs, the use is processed with a Conditional Use Permit. The City of LaVerne does not have this use classification in their code and is considering preparing an amendment. The City of San Dimas has two such businesses that obtained a business lice se although the use is not defined in the code. Currently, San Dimas is struggling with loiterin and parking issues related to the two businesses. The City of Diamond Bar has three computer services/network gaming centers and is receiving more requests on a regular basis. At the March 12, 2002 Planning Commission meeting, the issues and concerns brought fol were the same as in the above-mentioned surveyed cities. The issues and concerns were follows: 2 Parkin The Development Code addresses parking requirements for arcades, bowling alleys, and pool/billiard rooms. Arcades require one parking space for each 200 square feet of gross floor area. Bowling alleys require five parking spaces for each lane, plus required spaces for accessory uses. Pool/billiard rooms required two parking spaces for each table, plus req ired spaces for accessory uses. The Development Code does not address parking requirements for computer services/net ork gaming centers. While researching this issue, staff found that current parking requiremen s are not designed for businesses with dense computer use. Parking regulations were created nder the assumption that a traditional business use with an office consisting of a computer war sr is approximately 300 to 400 square feet of gross floor area, thereby requiring one space f r each 300 or 400 square feet of gross floor area. In a computer services/network gaming center one workstation utilizes approximately 35 square feet of gross floor area. By applying the sam parking standards, computer services/network gaming centers would require seven additi al parking spaces of every 300 square feet of gross floor area resulting in an increased dem nd on parking. A majority of the patrons would be of driving age. As a result, the number of computer s1 becomes critical when trying to determine the number of parking spaces needed. The int the parking regulations of the draft Development Code Amendment No. 2002-01 is to pro adequate parking and reduce traffic congestion while facilitating vehicular movement and enhancing public safety. Curfew/Age-Restricted Access/ Loitering/Adult Supervision The potential for loitering/violating curfew is an area of concern. Municipal Code Section 9.24.110, Curfew Restrictions for Minors states "it is unlawful for any minor under the age o years to loiter, idle, wander, stroll, or aimless drive or ride about in or upon any public street avenue, highway, road curb area, alley, park, playground, or other public ground, public pla public building, place of amusement or eating place, vacant lot or unsupervised place betwE the hours a 10:00 p.m. on any day and sunrise of the immediately following day." Asa rest curfew restricts the access of minors after 10:00 p.m. to computer services/network gaming center unless accompanied by an adult. ie A person 18 years of age or older is considered an adult. Some of the draft ordinances and ordinances adopted from other cities require that a parent or guardian accompany anyone u the age of 18 after 10:00 p.m. when patronizing a computer services/network gaming center Many cities also restrict access by not allowing children of school age, during hours of instrui throughout the academic year of the public school districts to enter computer services/netwo gaming center. These cities also require that the adult supervision, provided by the business owner of a computer services/network gaming center, be at least 21 years of age. Some citiE not make such references beyond 18 years of age. 3 ns of 18 9s or m t, Wer :tion •k s do According to the Los Angeles County Sheriff's Department (Diamond Bar Walnut Station) been reported that the patrons waiting to use a computer only wait around the site creatin loitering problem within a commercial development. Loitering also reflects back to a parka problem. Patrons waiting for a computer are also utilizing parking spaces. They actually bigger problem because they are occupying the spaces for longer periods of time, waiting also while using the computers. To mitigate any loitering concerns and protect the public safety, and welfare, all computer services/network gaming centers should provide security members to ensure that no gathering or loitering occurs at the facility or in the immediate Each computer gaming center should provide a waiting area and no waiting list should be maintained beyond the waiting area's seating capacity. Repeat Calls for Service Staff spoke with Lieutenant Walker of the Diamond Bar Walnut Sheriff Station regarding tl1 of excessive requests for service calls. According to Lieutenant Walker, the cost might be compared to requests for service calls related to false alarms. In the case of false alarms, charges are assessed ($125.00) to the property owner with a third call for service. The tin frame begins with the first false alarm and ends one year later. it has la 7g reate a and iealth, or staff area. The request for service calls may be reduced when a computer services/network gaming c� supplies its own security guard as suggested in the recommended amendment. Through t Conditional Use Permit process and the City's ability to modify a Conditional Use Permit as established in Article V, Chapter 22.76 -Revocations and Modifications, additional security c be required when excessive calls for service occur. Furthermore, each Conditional Use Pe application submitted to the City for a computer services/network gaming center would be reviewed by the Los Angeles County Sheriff Department/Diamond Bar/Walnut Station prior Planning Commission review. Securit cost Security can be and is addressed in a variety of ways. Some cities require a security guard(s) from 6:00 p.m. until closing on Friday and Saturday nights. Other cities require a full-time a ult attendant on-site to monitor the operations and enforce any conditions. Usually there is on attendant for every 10 to 20 computers. Other security measures can include: surveillance cameras as deemed necessary; floor plans designed in a manner that places the employee n duty in a position to see all computer screens; business unit windows and glass doors that r mi unobstructed at all times; and all entrances and interior areas that are adequately lighted. Censoring It is possible that a computer services/network gaming center would have unrestricte5lacces1s to the Internet, thereby allowing the opportunity for accessing adult websites. This could be a problem with minors without having some type of limitations or monitoring. it would not be a problem with the legitimate business owners who are willing to provide filters for the computr networks to prevent any user from accessing adult websites. These business owners are al o willing to monitor their establishment and ensure that no computer can be connected to or di play 11 content from an adult website. However, adult business operators that enjoy First Amendment protection look for any opportunity to sell their product. Additionally, the zones recommer ded for this use do not permit adult-oriented businesses. As a result, providing and accessing adult websites would be a violation of Development Code standards for the specified zoning districts. Noise Computer services/network gaming center can be loud due to the sound files associated ith the game programs. With a large number of computers operating at one time, the concern is neighboring businesses and residents. Some cities require that computer services/netwo k gaming centers install walls with sound transmission code rating of 45 (some cities utilize t least 56) between adjoining businesses. Other noise attenuating devices like headphones can be utilized also. Additionally, entrance doors can be equipped with an automatic self-closing ystem. Hours of Operation Hours of operation vary from business to business and from city to city. Cities typically toto require that the hours of operation be from 10:00 a.m. to 10:00 p.m. on Sunday through T ursday and between 10:00 a.m. and 12 midnight on Friday and Saturday. Several computer services/network gaming centers are open from 7:00 a.m. to 2:00 a.m. Closing at 4:00 a. . also occurs, but is less common. The City has contacted the three business owners of the computer services/network gami centers in Diamond Bar currently operating without the benefit of permits. The business o ner of Gamers-X which is located at Oak Tree Shopping Center believes that approximately 30 percent of the business occurs between 8:00 p.m. and midnight on weekdays and on week nds approximately 50 percent of the business occurs between 8:00 p.m. and 2:00 a.m. The bu iness owner of PC Bang which is located at Diamond Creek Shopping Center believes that approximately 20 percent of the business occurs between 10:00 p.m. and midnight on wee days and on weekends approximately 30 percent of the business occurs between 10:00 p.m. an 2:00 a.m. The business owner of ePC located within the Diamond Village Shopping Center beli ves that approximately 30 percent of the business occurs between 10:00 p.m. and midnight on weekdays and on weekends approximately 50 percent of the business occurs between 10: 0 p.m. and 2:00 a.m. Amortization Currently, the computer services/network gaming centers in Diamond Bar that are referencd above have opened without the benefit of City permits. Apparently, the business owners contacted Los Angeles County for a business license. Computer services/network gaming centers are not listed as a business that needs a license to operate. As a result, the new business owners believe that if a business license is not required then the business can be opened. Also, a tenant improvement permit was issued under the pretext of computer retail sales. The business owner at the Oak Tree shopping center has submitted an application fc r a Conditional Use Permit anticipating that the City will allow computer services/network gamin centers. The City of Diamond Bar has contacted Los Angeles County Business License and requested that computer services/network gaming centers require a license. Staff is confirmation of this request. Condition Use Permit /Land Use Designations for Consideration The purpose of a Conditional Use Permit is to allow for specified activities and uses as id ntified in the various zoning districts whose effect on the surrounding area cannot be determined before being proposed for a particular location. The Planning Commission is the review aul i t for Conditional Use Permit applications. To ensure that the application being reviewed is in compliance with the required findings, the Commission may impose conditions deemed necessary. According to staff's analysis, there are three zoning districts that may be suitable for the establishment of computer services/network gaming centers. The zoning designations Commercial Office (CO), Community Commercial (C-2) and Regional Commercial (C-3) Zone is intended for a diverse mix of office, retail, and service -related uses, with office -ti facilities being the primary uses. The C-2 Zone is intended for a wide range of retail she primarily intended to serve the needs of Diamond Bar residents. The C-3 Zone is intent large-scale commercial uses serving residents and businesses within the region. CO for Currently, the Development Code allows indoor amusement/entertainment services for a ftio' admission charge for uses such as bowling alleys, card rooms, coin operated arcades, elec game arcades, pool and billiard rooms, etc, within these listed zoning districts (except the O Zone) providing a Conditional Use Permit has been approved. Considering the nature of computer services/network gaming centers (and the fact that a bowling alley currently exist in the CO Zone), Staff believes this use would also be appropriate in the listed zoning districts with an approved Conditional Use Permit. The computer services/network gaming center locate in the Diamond Village shopping center is within the CPD/C-1 Zone. The proposed amendme t will not permit computer services/network gaming centers in the CPD/C-1 Zone. Additionally, t e specified zones do not permit adult-oriented businesses. As a result, providing and accessi g adult websites would be a violation of Development Code standards for the specified zonin districts and standards set forth in a Conditional Use Permit. Proposed Development Code Amendment No. 2002-01 Diamond Bar's Development Code allows indoor amusements (i.e. arcades, billiard/pool roo s and bowling alleys) but not specifically computer services/network gaming centers. The Pla Zing Commission and Staff recommend consideration of an ordinance to respond to the zoning demand for this use. As a result, the City of Diamond Bar is requesting Development Code Amendment No. 2002-01 in order to amend specified Articles, Sections and Tables of the Development Code that consider allowing computer services/network gaming centers. The following delineates the current standards and utilizes Italics and bold Italics to emphasi$ the recommended amendment/language modification: 0 Article II Section 22.10.030, Commercial/Industrial District Land Uses and Permit (page II -17) Current: TABLE 2 -5 -ALLOWED USES AND PERMIT REQUIREMENTS FOR OFFICE ZO DISTRICTS See standards in Sections: RECREATION, EDUCATION OP OB CO AND PUBLIC ASSEMBLY USES Clubs, lodges, and private meeting halls P P P Comm unit /cultural centers P P P Health/fitness facilities CUP CUP Outdoor recreation CUP Parks and playgrounds P P P Religious places of worship CUP CUP CUP Schools -public and private P P P Studios -art, dance, and music, photography, etc. CUP Theaters, auditoriums, meeting halls CUP CUP CUP 7 Recommended Amendment. TABLE 2 -5 -ALLOWED USES AND PERMIT REQUIREMENTS FOR OFFICE DISTRICTS See standards in Sections, RECREATION, EDUCATION OP OB CO AND PUBLIC ASSEMBLY USES Clubs, lodges, and private meetinci halls P P P Comm unit /cultural centers P P P Cultural facilities, libraries and museums P P P Computer Services/Wetwork Gaming Centers CUP 22.42.035 Indoor amusement/entertainment facilities CUP Health/fitness facilities CUP CUP Outdoor recreation CUP Parks and playgrounds P P P Religious places of worship CUP CUP CUP Schools -public and private P P P Studios -art, dance, and music, photography, etc. CUP Theaters, auditoriums, meeting halls CUP CUP CUP Section 22.10.030, Commercial/Industrial District Land Uses and Permit Requ (page II -20) Current. TABLE 2 -6 -ALLOWED USES AND PERMIT REQUIREMENTS FOR COMMERCIAL/INDUSTRIAL ZONING DISTRICTS See standards in Sectio s: RECREATION, EDUCATION AND C-1 C-2 C-3 PUBLIC ASSEMBLY USES Adult oriented businesses P 22.42.020 Clubs, lodges, and private meeting halls CUP CUP Community/cultural centers CUP Cultural facilities, libraries and museums P P P Health/fitness facilities CUP CUP Indoor amusement/entertainment facilities CUP CUP Outdoor recreation CUP Religious places of worship CUP CUP CUP CUP Schools -public and private P P Schools -specialized education and trainin P P P P Studios -art, dance, and music, photography, etc. CUP CUP CUP x I Theaters, auditoriums, meeting halls I I CUP I CUP I I I I Recommended Amendment., TABLE 2 -6 -ALLOWED USES AND PERMIT REQUIREMENTS FOR COMMERCIAL/INDUSTRIAL ZONING DISTRICTS LAND USE'' 1 PER'M�Tf�QI<JIR1E"BY QISTFII,CT . See standards in Sectio s: RECREATION, EDUCATION AND C-1 C-2 C-3 PUBLIC ASSEMBLY USES Adult oriented businesses P 22.42.020 Communit /cultural centers CUP Computer Services/Network Gaming Centers CUP CUP 22.42.35 Cultural facilities, libraries and museums P P P Health/fitness facilities CUP CUP Indoor amusement/entertainment facilities CUP CUP Outdoor recreation CUP Religious places of worship CUP CUP CUP CUP Schools -public and private P P Schools -specialized education and training P P P P Studios -art, dance, and music, photography, etc. CUP CUP CUP Theaters, auditoriums, meeting halls CUP CUP 10 Article III Recommended Amendment. Section 22.42.035, Computer Services/Network Gaming Centers (Add new section:) A. Standards for Computer Services/Network Gaming Centers. The standards shall apply. 1. Conditional Use Permit required. Permit processing for computer services/network gaming centers shall be subject to the following: a. Shall provide at least one (1) full-time adult attendant or supery or, 21 years of age or older for each 20 machines plus one security g and for each 20 machines; (Additional attendants and/or security surve Ilance or guards may be required if it is deemed necessary by the Los Angeles County Sheriffs Department or the Planning Commissr n.) b. Computers shall be available for use only between 10:00 a.m. 12:00 midnight on Sunday through Thursday; and between 10: a.m. and 2:00 a.m. on Friday and Saturday; C. Minors (under 18 years of age) shall not enter a computer services/network gaming center after 10:00 p.m. unless ac by a parent or guardian. d. Hours of operation shall be posted in a conspicuous place; e. A business license shall be obtained, prior to the issuance of Certificate of Occupancy, if required by the City or the County of Los Angeles; Shall provide a waiting area with seating equal to one seat for four computer stations; and no waiting list shall be maintained the seating capacity of the waiting area; g. There shall be no loitering around any computer services/netwc gaming center; business owner shall be responsible for posting Loitering" and curfew signs in front of the business; h. Each computer services/network gaming center shall provide at one toilet and lavatory facility accessible to customers and empl Shall provide one parking space for every 35 square feet of area devoted to computer stations; 11 floor j. Shall provide one parking space for every seat in the waiting k. Shall provide bicycle parking adjacent to the premises; Floor plan shall be designed in a manner that places the atten�nt or supervisor on duty in a position to see all computer screens, M. Business unit windows and glass doors shall remain unobstruc ed at all times; all entrances and interior areas shall be adequately li hted, and a lighting plan shall be reviewed and approved by the City nor to commencement of business; n. Entrance doors shall be equipped with an automatic self, system, o. Alcohol consumption shall be prohibited; P. Accessing adult-oriented internet sites shall be prohibited unles the business has an adult business permit; business owner shall pr vide filters for the computer network to prevent user(s) from accessing adult websites; q. Walls separating the computer services/network gaming center I rom adjoining uses shall comply with the sound transmission code rz ting of at least 45 or employ other noise attenuating devices as approved by the City, and r. A computer services/network gaming center shall not be operat d in a detrimental manner (i.e. loitering, creating excessive noise, etc.) to adjoining businesses and the community. Procedures for revocation or modification of the Conditional Use Permit shall qe as established by Article V, Chapter 22.76, Revocations and Modifications. 2. Amortization. All computer services/network gaming center businesses in existence on the date of adoption of this Ordinance shall be in full compliance the provisions of Section 22.42.035 within six months from the effective date o Ordinance. 12 this Article Vi Section 22.80.020 Definitions of Specialized Terms and Phrases, (page VI -13; add definition) Recommended Amendment. Definitions, "C" Computer Services/Network Gaming Center. A business establishment that p ovides the space, equipment and technology to make fast, multi -player PC games and hig -speed computers available to patrons for a fee. This type of business establishment a1sc allows patrons to browse the Internet, check e-mail and download files. (See Section 22.4 035) Conclusion: The purpose of the Development Code is to implement the policies of the City's General PI n by classifying and regulating the uses of land and structures within the City. In addition, the Development Code protects and promotes the public health, safety, and general welfare of the residents, and preserves and enhances the aesthetic quality of the City. The Development Cod( provides standards for orderly growth and development and promotes a stable pattern of la d uses. it is a tool utilized to implement land uses designated by the General Plan, thereby avoiding conflict between land uses. The Development Code assists in protecting and maintaining property values, and conserving and protecting the City's natural resources. Furthermore, the Development Code facilitates in protecting the City's character, and social and economic stability, as well as assisting in maintaining a high quality of life without unduly hic h public or private costs for development or unduly restricting private enterprise, initiative, or innovative design. The Planning Commission and Staff believe that the standards set forth in the recommends amendment is in keeping with the purpose of the Development Code. Establishing a criteric n for computer services/network gaming centers and requiring review under a Conditional Use Permit process will help to ensure that the zoning districts which the staff has proposed for this use will maintain a high quality of life and high level of safety. ENVIRONMENTAL ASSESSMENT; Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 151 of Article 11 of the California Code Of Regulations and guidelines promulgated thereunder, City has determined that this project is consistent with the previously adopted Negative Declaration No. 97-03 for the City's Development Code. Therefore, further environmental r is not required. 13 ! (a) e Development Code protects and promotes the public health, safety, and general welfare of the residents, and preserves and enhances the aesthetic quality of the City. The Developmerit Code provides standards for orderly growth and development and promotes a stable pattern of land uses. It is a tool utilized to implement land uses designated by the General Plan, thereby avoiding conflict between land uses. The Development Code assists in protecting and maintaining property values, and conserving and protecting the City's natural resources. Furthermore, the Development Code facilitates in protecting the City's character, and social and economic stability, as well as assisting in maintaining a high quality of life without unduly high public or private costs for development or unduly restricting private enterprise, initiative, o innovative design. The Planning Commission and Staff believe that the standards set forth in the recommen ed amendment is in keeping with the purpose of the Development Code. Establishing a crite ion for computer services/network gaming centers and requiring review under a Conditional Use ermit process will help to ensure that the zoning districts which the staff has proposed for this use will maintain a high quality of life and high level of safety. ENVIRONMENTAL ASSESSMENT: Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 1 162 (a) of Article 11 of the California Code Of Regulations and guidelines promulgated thereunder, the City has determined that this project is consistent with the previously adopted Negative Declaration No. 97-03 for the City's Development Code. Therefore, further environmental review is not required. NOTICE OF PUBLIC HEARING: Notice for this project was published in the inland _Valley Bulletin and San Gabriel Valley Tribune on April 5, 2002. Pursuant to Planning and Zoning Law Government Code Section 65091 (a)(3), if the number of property owners to whom a public hearing notice would be mailed is grea er than 1,000, a local agency may provide notice by placing a display advertisement of at least ore -eight page in at least one newspaper of general circulation. The City placed a one -eight page c isplay advertisement in the above mentioned newspapers of general circulation. Furthermore, p blic notices were posted in nine public places (City Hall/South Coast Air Quality Management District, Diamond Bar Library, Country Hills Town Center Community Board, Vons/Sav-On Comm nity Board, Ralph's shopping center - Diamond Bar Boulevard, 21070 Golden Springs Drive - oAnne Fabrics, 990 Diamond Bar Boulevard - Oak Tree Shopping Center, 1235 Diamond Bar B ulevard - Albertson's and Heritage Park) on April 4, 2002, PREPARED BY:- 4 I I I,- b -P A J. Lu u, 0cia& Planner James DeStef no, Deputy City Ma ager 13 "Attachment 1" ORDINANCE NO. _ (2002) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ADOPTING DEVELOPMENT CODE AMENDMENT NO. 2002- 01 AND AMENDING THE DIAMOND BAR MUNICIPAL CODE A. RECITALS. On July 25, 1995, the City of Diamond Bar adopted its General Plan. T General Plan establishes goals, objectives and strategies to implement community's vision for its future. 2. On November 3, 1998, the City of Diamond Bar adopted a Developmen Code, Title 22 of the Diamond Bar Municipal Code contains the Develo ment Code now currently applicable to the development applications within th I City of Diamond Bar. 3. Administering the Development Code for almost four years demonstrated that certain clarifications and modifications are needed based on the City's experience. The City of Diamond Bar has determined that the following existing standards within the Development Code require clarification and/or modification: Article II Section 22.10.030, Commercial/Industrial District Land Uses and Pe Requirements, Table 2-5 and Table 2-6; Article III Section 22.42.035, Computer Services/Network Gaming Centers; Article VI Section 22.80.020 Definitions of Specialized Terms and Phrases, Defi „C,,. 4. The Planning Commission of the City of Diamond Bar on March 12, 2002 conducted a duly noticed public hearing with regard to the Developmeni Code amendment. The Planning Commission concluded the public hearing on March 12, 2002 and recommended approval of said amendment to the City Council. 5. Notification of the public hearing for consideration of Development Cod Amendment No. 2001-03 was provided in the San Gabriel Valley Tribun a and Inland Valley Daily Bulletin newspapers on April 5, 2002. Pursuant to Planning and Zoning Law Government Code Section 65091 (a)(3), if the 1 number of property owners to whom a public hearing notice would be mailed is greater than 1,000, a local agency may provide notice by placing a display advertisement of at least one -eight page in at least one newspaper of general circulation. The City placed a one -eight page display advertisement int ie above mentioned newspapers of general circulation. Furthermore, publ c notices were posted in nine public places (City Hall/South Coast Air Quality Management District, Diamond Bar Library, Country Hills Town Center Community Board, Vons/Sav-On Community Board, Ralph's shopping center - Diamond Bar Boulevard, 21070 Golden Springs Drive - JoAnne Fabric, 990 Diamond Bar Boulevard -- Oak Tree Shopping Center, 1235 Diamond B r Boulevard - Albertson's and Heritage Park) on April 4, 2002. 6. On April 16, 2002, the City Council of the City of Diamond Bar conduct a duly noticed public hearing with regard to the Development Code Amendment. At that time, the City Council concluded the public hearin . 7. Following due consideration of public testimony, staff analysis and the Planning Commission's recommendation, the City Council finds that tf Development Code amendment set forth herein is consistent with the Plan. B. The City Council hereby finds that there is no substantial evidence It at the Development Code Amendment will have a significant effect on the envirc nment. Therefore, pursuant to the provisions of the California Environmental Qu lity Act (CEQA), Section 15162 (a) of Article 11 of the California Code Of RegL lations and guidelines promulgated thereunder, the City has determined that this project is consistent with the previously adopted Negative Declaration No. 97-03 for the City's Development Code. Therefore, further environmental review is not required. 9. The City Council hereby specifically finds and determines that, having considered the record as a whole, including the finding set forth below, here is no evidence before this City Council that the Development Code amendments proposed herein will have the potential of an adverse elle t on the wildlife resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this City Council hereby rebuts the presump ion of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. B. Ordinance. NOW, THEREFORE, the City Council of the City of Diamond Bar does he ordain as follows: 2 1. TABLE 2-5, ALLOWED USES AND PERMIT REQUIREMENTS FOR OFFICE ZONING DISTRICTS contained in Section 22.10.030, of Article II, Title 22 f the Diamond Bar Municipal Code is hereby amended to read as follows: TABLE 2 -5 -ALLOWED TO USES AND PERMIT REQUIREMENTS FOR OFrICE ZONING DISTRICTS LAND USE (1) 1 ' PERMIT REQUIRED BY DISTRICT in Sections: RECREATION, EDUCATION AND OP OB CO PUBLIC ASSEMBLY USES Clubs, lodges, and private meeting halls P P P Comm unit /cultural centers P P P Cultural facilities, libraries and museums P P P Computer Services/Network Gaming Centers CUP 22.42.035 Indoor amusement/entertainment facilities CUP Health/fitness facilities CUP CUP Outdoor recreation CUP Parks and playgrounds P P P Reli ious places of worship CUP CUP CUP Schools -public and private P P P Studios -art, dance, and music, photography, etc. CUP Theaters, auditoriums, meeting halls CUP CUP I CUP 2. TABLE 2-6, ALLOWED USES AND PERMIT REQUIREMENTS FOR COMMERCIAL/INDUSTRIAL ZONING DISTRICTS contained in Section 22.10.030, of Article II, Title 22 of the Diamond Bar Municipal Code is he amended to read as follows: TABLE 2 -6 -ALLOWED USES AND PERMIT REQUIREMENTS FOR COMMERCIAL/INDUSTRIAL ZONING DISTRICTS LAND USE 1 PERMIT REQUIRED BY DISTRICT See standard in Sectio s: RECREATION, EDUCATION AND PUBLIC C-1 C-2 C-3 = ASSEMBLY USES Adult oriented businesses P 22.42.020 Community/cultural centers CUP Computer Services/Network Gaming Centers CUP CUP 22.42.35 Cultural facilities, libraries and museums P I P P Health/fitness facilities CUP CUP Indoor amusement/entertainment facilities CUP CUP Outdoor recreation CUP Religious places of worship CUP CUP CUP CUP Schools -public and private P P Schools -specialized education and training P P P P Studios -art, dance, and music, photography, etc. CUP CUP CUP Theaters, auditoriums, meeting halls I I CUP CUP 3. Paragraph A, Subsection 1. a. through r. and Subsection 2. contained in Jectior 22.42.035, Computer Services/Network Gaming Centers of Article III, Title 22 of the Diamond Bar Municipal Code is hereby added to read as follows: Section 22.42.435, Computer Services/Network Gaming Centers A. Standards for Computer Services/Network Gaming Centers. following standards shall apply. 1. Conditional Use Permit required. Permit processing for computer services/network gaming centers shall be subject the following: 10 a. Shall provide at least one (1) full-time adult attendant or SUPE rvisor, 21 years of age or older for each 20 machines plus one secu ity guard for each 20 machines; (Additional attendants and/or s( curity surveillance or guards may be required if it is deemed necessary by the Los Angeles County Sheriff's Department or the Planning Commission.) b. Computers shall be available for use only between 10:00 a.m. and 12:00 midnight on Sunday through Thursday; and between 0:00 a.m. and 2:00 a.m. on Friday and Saturday; C. Minors (under 18 years of age) shall not enter a computer services/network gaming center after 10:00 p.m. unless accompanied by a parent or guardian. d. Hours of operation shall be posted in a conspicuous place; e. A business license shall be obtained, prior to the issuance o Certificate of Occupancy, if required by the City or the Coun of Los Angeles; Shall provide a waiting area with seating equal to one seat I every four computer stations; and no waiting list shall be maintained beyond the seating capacity of the waiting area; 'g. There shall be no loitering around any computer services/nework gaming center; business owner shall be responsible for post ng "No Loitering" and curfew signs in front of the business; h. Each computer services/network gaming center shall provid at least one toilet and lavatory facility accessible to customersnd employees; Shall provide one parking space for every 35 square feet of ross floor area devoted to computer stations; Shall provide one parking space for every seat in the waiting) area; k. Shall provide bicycle parking adjacent to the premises; Floor plan shall be designed in a manner that places the att or supervisor on duty in a position to see all computer scree M. Business unit windows and glass doors shall remain unobst ucted at all times; all entrances and interior areas shall be adequa ely lighted, and a lighting plan shall be reviewed and approved by the City prior to commencement of business; n. Entrance doors shall be equipped with an automatic self-clo ing system; 5 o. Alcohol consumption shall be prohibited; p. Accessing adult-oriented internet sites shall be prohibited unl the business has an adult business permit; business owner s provide filters for the computer network to prevent user(s) fro accessing adult websites; q. Walls separating the computer services/network gaming center from adjoining uses shall comply with the sound transmissior code rating of at least 45 or employ other noise attenuating devices as approved by the City; and r. A computer services/network gaming center shall not be in a detrimental manner (i.e. loitering, creating excessive etc.) to adjoining businesses and the community. Procedures for revocation or modification of the Conditional Use Pe shall be as established by Article V, Chapter 22.76, Revocations an Modifications. 2. Amortization. All computer services/network gaming center busine 3ses in existence on the date of adoption of this Ordinance shall be in full complia ce with the provisions of Section 22.42.035 within six months from the effective date of this Ordinance. 6. Paragraph "C" contained in Section 22.80.020., Definitions of Specialized erms and Phrases of Article VI, Title 22 of the Diamond Bar Municipal Code is h reby amended to read as follows: Computer Services/Network Gaming Center. A business establishmer provides the space, equipment and technology to make fast, multi -player games and high-speed computers available to patrons for a fee. This typ business establishment also allows patrons to browse the Internet, check and download files. (See Section 22.42.035) PASSED, APPROVED AND ADOPTED THIS _TH DAY OF APRIL 2002, CITY COUNCIL OF THE CITY OF DIAMOND BAR. BY: Wen P. Chang, MAYOR that of -mail THE I, Lynda Burgess, City Clerk of the City of Diamond Bar do hereby certify that the forego ing Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the 16th day of April. 2002 and was finally passed at a regular meeting of the Ci y Council of the City of Diamond Bar held on the - day of , 2002, b the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Lynda Burgess, City Clerk City of Diamond Bar "A PLANNING COMMISSION RESOLUTION NO. 2002-04 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING THAT THE CITY COUNCIL APPROVE DEVELOPMENT CODE AMENDMENT NO. 2002-01. A. RECITALS. 1. The City of Diamond Bar has initiated an application for Developr Code Amendment No. 2002-01._ Hereinafter in this Resolution, subject Development Code Amendment shall be referred to as "Application." 2. The Community and Development Services Department determined that the following existing development standards within Development Code requires modification in order to implement General Plan: Article ii Section 22.10.030, CommerciaVlndustrial District Land Uses and Requirements, Tabie 2-5 and Table 2-6 Article III Section 22.42.035, Computer Services/Network Gaming Centers, new section) Article IV Section 22.80.020 Definitions of Specialized Terms and Definitions, "C" (add new definition) e 3. On February 28, 2002, notice for this project was published int e Inland Valley Bulletin and the San Gabriel Valley Tribune. Pursuant to Planning and Zoning Law Government Code Section 65091 (a)(3), if the number of property owners to whom a public hearing notice Would be ma !o:; is greater than 1,000, a local agency may provide notice y placing a display advertisement of at least one -eight page in at least one newspaper of general circulation. The City placed a one -eight page display advertisement in the above mentioned newspapers of general circulation. Furthermore, on February 28, 2002, public notic s were posted in nine public places (City Hall/South Coast Air CQual ty Management District, Diamond Bar Library, Country Hills Town Cen r Community Board, Vons/Sav-On Community Board, Ralph's shoppin t 29s center - Diamond Bar Boulevard, 21070 Golden Springs Drive - JoA ne Fabrics, 990 Diamond Bar Boulevard - Oak Tree Lanes, 1235 Diamnd Bar Boulevard - Albertson's and Heritage Park). 4. On March 12, 2002, the Planning Commission of the City of Diam�nd Bar conducted a duly noticed public hearing on the Application. 5. On March 12, 2002, the Planning Commission, after due considerat on of public testimony, staff analysis and the Commission's deliberatio is, has determined that Development Code Amendment No. 2002-01 attached hereto as Exhibit "A" implements the Strategies of the Gen ral Plan. The Planning Commission at that time concluded the pulic hearing. B. RESOLUTION. NOW, THEREFORE, it is found, determined and resolved by the Plann Commission of the City of Diamond Bar as follows: This Planning Commission hereby specifically finds that all of the set forth in the Recitals, Part A, of this Resolution are true and torr 2. The Planning Commission hereby finds that the project identified above in this Resolution, pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15162 (a) of Article 11 of the California Code Of Regulations and guidelines promulgated thereunder, is consistent with the previously adopted Negative Declaration No. 97-03 for the City's Development Code. Therefore, further environmental review is not required. 3. The Planning Commission hereby specifically finds and determin s that, having considered the record as a whole including the findings et forth below, and changes and alterations which have been incorporat ad into and conditioned upon the proposed project set forth int e application, there is no evidence before this Planning Commission ft at the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission heie- by rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth above, the Planni Commission hereby recommends that the City Council adc Development Code Amendment No. 2002-01 attached hereto Exhibit "A" and incorporated herein by reference. The Planning Commission shall: 2 (a) Certify to the adoption of this Resolution, and (b) Forthwith transmit a certified copy of this Resolution to the City Council forthwith. APPROVED AND ADOPTED THIS 12TH OF MARCH 2002, BY PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: � - Joe Ruzicka, airman I I, James DeStefano, Planning Commission Secretary, do hereby certify that foregoing Resolution was duly introduced, passed, and adopted by the Plan Commission of the City of Diamond Bar, at a regular meeting of the Plan Commission held on the 12th day of March 2002, by the toliowing vote: AYES: Nelson, Nolan, Tanaka, V/C Tye, C/Ruzicka NOES: None ABSENT. None ABSTAIN: None ATTEST: James DeSteno, Secretary 3 DEVELOPMENT CODE AMENDMENT NO. 2002-01 EXHIBIT "A" Section 22.10.030, Commercial/Industrial District Land Uses and Permit Requirem nts, of Article fl, Title 22 of the City of Diamond Bar Municipal Code is hereby amende to read as follows: TABLE 2 -5 -ALLOWED TO USES AND PERMIT REQUIREMENTS FOR OFFICE ZONING DISTRICTS in Sections: RECREATION, EDUCATION AND OP OB CO PUBLIC ASSEMBLY USES Clubs, lodges, and private meetin halls P P P Communft /guttural centers P P P Cultural facilities, libraries and museums P P P Computer Services/Network Gaming Centers CUP CUP 22.42.035 Indoor amusement/entertainment facilities CUP Health/fitness facilities CUP CUP Outdoor recreation CUP Parks and playgrounds P P P Reli ious laces of worship CUP CUP CUP Schools -public and private P P P Studios -art, dance, and music, photography, etc. CUP Theaters, auditoriums, meeting hails CUP CUP CUP Section 22.10.030, Commercial/industrial District Land Uses and Permit Requirements, of Article ll, Title 22 of the City of Diamond Bar Municipal Code is hereby amended to read as follows: TABLE 2 -6 -ALLOWED USES AND PERMIT REQUIREMENTS FOR COMMERCIALIINDUSTRIAL ZONING DISTRICTS in RECREATION, EDUCATION AND PUBLIC C -f C-2 C-3 ASSEMBLY USES Adult oriented businesses P 22.42. 20 Clubs, lod es, and private meeting halls CUP CUP CommunV /cultural centers CUP Cam uter Services/Network Gaming Centers CUP CUP 22.42. Cultural facilities, libraries and museums P P P Health/fitness facilities CUP CUP Indoor amusement/entertainment facilities CUP CUP Outdoor recreation CUP Religious places of worship CUP CUP CUP CUP Schools -public and private P P Schools -specialized education and training P P P P Studios -art, dance, and music, photography, etc. CUP CUP CUP Theaters, auditoriums, meetin halls rcupTcup L - I Section 22.42.035, Computer Services/Network Gaming Centers, of Article 111, Title of the City of Diamond Bar Municipal Code is hereby inserted to read as follows: A. Standards for Computer Services/Network Gaming Centers. following standards shall apply. Conditional Use Permit required. Permit processing for services/network gaming centers shall be subject to the following: a. Shall provide at least one (1) full-time adult attendant or supervisor,l 21 years of age or older for each 20 machines. In addition, a security guard shall be provided for each 20 machines from 6:00 p.m. to closing daily. (Additional attendants and/or security surveillance or guards may be required if it is deemed necess ry by the Los Angeles County Sheriff's Department or the Pla ning Commission.) b. Computers shall be available for use only between 10:00 a.m. and 12:00 midnight on Sunday through Thursday; and beeen 10:00 a.m. and 2:00 a.m. on Friday and Saturday; C. Minors (under 18 years of age) shall not enter a com uter services/network gaming center after 10:00 p.m. un ess accompanied by a parent or guardian. d. Hours of operation shall be posted in a conspicuous place; e. A business license shall be obtained, prior to the issuancel of Certificate of Occupancy, if required by the City or the Counof Los Angeles; f. Shall provide a waiting area with seating equal to one seat for ei four computer stations; and no waiting list shall be maintai beyond the seating capacity of the waiting area; g. There shall be no loitering around any computer services/neh gaming center; business owner shall be responsible for posting Loitering" and curfew signs in front of the business; h. Each computer services/network gaming center shall provide least one toilet and lavatory facility accessible to customers employees; Shall provide one parking space for every 35 square feet of floor area devoted to computer stations; Shall provide one parking space for every seat in the waiting area; k. Shall provide bicycle parking adjacent to the premises; 1. Floor plan shall be designed in a manner that places the attendan or supervisor duty in a position to see all computer screens; M. Business unit windows and glass doors shall remain unobstru at all times; all entrances and interior areas shall be adequ2 lighted, and a lighting plan shall be reviewed and approved by City prior to commencement of business; n. Entrance doors shall be equipped with an automatic self-closing system; o. Alcohol consumption shall be prohibited; p. Accessing adult-oriented internet sites shall be prohibited u less the business has an adult business permit; business owner hall provide filters for the computer network to prevent user(s) rom accessing adult websites; q. Walls separating the computer services/network gaming ce ter from adjoining uses shall comply with the sound transmissionde rating of at least 45 or employ other noise attenuating device as approved by the City; and A computer services/network gaming center shall not be ope in a detrimental manner to adjoining businesses and community. Procedures for revocation or modification of the Conditional Use Pe it shall be as established by Article V, Chapter 22.78, Revocations nd Modifications. 2. Amortization. All computer services/network gaming center businesse in existence on the date of adoption of this Ordinance shall be in ull compliance with the provisions of Section 22.42.035 within six moat s from effective date of this Ordinance. Section 22.80.020 Definitions of Specialized Terms and Phrases, of Article IV, Title of the City of Diamond Bar Municipal Code is hereby inserted to read as follows: Definitions, "C" Computer Services/Network Gaming Center. A business establishment t1 provides the space, equipment and technology to make fast, multi -player games and high-speed computers available to patrons for a fee. This type business establishment also allows patrons to browse the Internet, check e-rr and download files. (See Section 22.42.035.) MARCH 12, 2002 PAGE 3 PLANNING "Attachment 9.2 Development Code Amendment No. 200201 (pursuant to Code Sect on 22.44). This is a request to amend the following Articles of the Development Co e: Article If Section 22.10.030, Table 2 -5 -allowed uses and permit requirements for Of1i e Zoning Districts: Amendment relates to adding.computer services/network gami g centers as a specified use with a Conditional Use Permit approval. Section 22.10.030, Table 2 -6 -allowed uses and permit requirements f r Commercial/industrial Zoning Districts: Amendment relates to adding comput r services/network gaming centers as a specified use with a Conditional Use Per it approval. Article III Section 22.42.035, Computer Services/Network Gaming Center: Amendme t relates to adding standards applying to this specified use. MARCH 12, 2002 PAGE 4 PLANNING COMMISSION Article IV Section 22.80.020, Definitions of Specialized Terms and Phrases, Def initiI "C": Amendment relates to adding a definition of a computer servicesinet► gaming center. PROJECT ADDRESS: Citywide APPLICANT: City of Diamond Bar 21825 E. Copley Drive Diamond Bar, CA 91765 AssocP/Lungu presented staff's report and pointed out the proposed chant Staff recommends that the Planning Commission adopt a resolution recommern City Council approval of Development Code Amendment No. 2002-01. C/Nelson asked why staff chose to go with one parking space per 35 square feetas opposed to one parking space per computer workstation. AssocP/Lungu responded that her research concluded that one parking space 35 square feet was most prevalent. DCM/DeStefano pointed out that the square footage computation is consistent other types of land use in the city. C/Nelson was surprised at the amount of business that takes place between 1 p.m. and 2:00 a.m. He asked Lt. Walker if there are significant benefits to CL back the hours of operation. Lt. Walker explained that the Sheriff Department has limited experience with tY type of business. Problems with similar businesses in adjacent jurisdictions we generated as a result of complaints from adjacent business owners and thi customers. The results were loitering, increased trash and debris, possible drinkir smoking, etc. that annoyed other business or their customers. Staying open later night does not appear to be an issue. The primary concern is for juveniles (und age 18) in relationship to the 10:00 p.m. curfew and the businesses monitoring th( customer base. Most of these types of businesses have unrestricted access Internet sites and the Sheriff's Department is concerned with juveniles viewir pornography. The Department has not encountered anything troublesome aft midnight other than previously mentioned issues. C/Nelson said that the city is concerned about taking officers away from their normal patrol duties to respond to disturbances. MARCH I2, 2002 PAGE S PLANNING COMMISS4011 Lt. Walker said that most shift changes take place at 10:00 p.m. and 11:00 p m. From midnight on, the Sheriff Department has a full compliment of early -morn ng officers on duty. VC/Tye reiterated his question about how much business is generated betwen midnight and 2:00 a.m. Chair/Ruzicka said that on February 26 one of the business owners made assertion that requiring a security guard is too expensive and that security came serve as a deterrent. Lt. Walker said that in his experience, there are some areas that absolutely requi a security guard. Businesses that generate customer demands that exceed tl actual business capacity require some type of security enforcement. Chair/Ruzicka felt that the Planning Commission needed to address these is: up -front because of the bad reputation perpetrated on these businesses by a individuals. DCWDeStefano responded that the resolution captures the existing businesses stating that they must comply with this ordinance within six months of its adopt! date. VC/Tye asked Lt. Walker what the Sheriff Department would do if a minor used computer after 10:00 p.m. while still using the system within their block of time? Lt. Walker said that minors could be out after 10:00 p.m, under certain conditions.1 He doubts that any law enforcement officer would find a note from the parent sufficient cause to be out after 10:00 p.m. if a supervising parent or adult is present and assumes responsibility for the minor, there is no violation of the curfew law. In his opinion, it would be incumbent upon the business owner not to sell blocks of time to underage individuals that extend past the curfew hour. If a minor remains after 10:00 p.m. an officer would be obliged to escort him from the business and call the parents to retrieve him. C/Nolan said he observed Gamers-X to be very busy. He believes it is na1ve to believe this type of business will not generate extra patrol requirements. Is staff's proposal for hours of operation consistent with adjacent communities? AssocP/Lungu replied that the hours of operation vary from city to city. Staff's proposal is consistent with the majority of communities. MARCH Y2, 2002 PAGE 6 PLANNING COMMIS ON W Chair/Ruzicka opened the public hearing. Paul Esteves, Owner, Gamers-X,, stated that the reason for the percentag business between 8:00 p.m. and 2:00 a.m. is because those are the hours dG which blocks of time are sold which makes it difficult to determine the percentat business that occurs between midnight and 2:00 a.m. The number of people remain after midnight varies. Gamers-X provided a lounge/waiting area at current location. If the Commission determines a definite need for sec personnel, he believes it should be during the evening hours when there is gre potential for problems. The requirement for business owners to monitor cui hours is legitimate. Under certain circumstances, under aged youth stay at facility past 10:00 p.m. waiting for their parents to leave work and pick them up. asked that under such circumstances the young person be allowed to remain ur supervision until they are picked up. VC/Tye thought 12:00 midnight should be the hour of closing. One item that is longer contained in the proposed amendment is the requirement that these types businesses not be allowed within a certain distance of a school. DCM/DeStefano stated that staff determined that while other types of entertainmf are permitted adjacent to schools, other than alcohol and adult uses, this type business would not logically be restricted. However, the Commission may ma any requirement it deems appropriate for this land use. Chair/Ruzicka believed the hours of operation could be changed at a future He prefers allowing entrepreneurs every opportunity for success in the comm However, language should be included that would allow for the revoc amendment of a permit in the event that the business did not comply. Chair/Ruzicka closed the public hearing. C/Nolan suggested the following language for item a. on page 7 to wit: ' provide at least one (1 ) full-time adult attend or supervisor, 21 years of age or for each 20 machines." And add language for weekend hours. of of C/Nelson said he heard nothing from Lt. Walker that indicated the alleviation of problems by closing the business at 12:00 midnight instead of 2:00 a.m. is there any difference in the need for requiring security during weekdays or weekends. Lt. Walker said that the Sheriff Department has not encountered problems with businesses that stay open later than midnight other than businesses that serve alcoholic beverages or engage in live entertainment. Lt. Walker said that during the school day there would be very little requirement for security. In his opinion, it would 4 MARCH 12, 2002 PAGE 7 PLANNING be more prudent to require security from 6:00 p.m. until closing for all d ys of operation. C/Nelson moved, C/Nolan seconded, to recommend approval of Development ode Amendment No. 2002-01 with the following change to item a. on Page 7 - shall provide at least one (1) full time attendant or supervisor, 21 years of age or old rfor each 20 machines. In addition, one (1) security guard for each 20 machines hall be provided between the hours of 6:00 p.m. and closing for all days of oper ion. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Nelson, Nolan, Tanaka, VC ye, Chair/Ruzicka NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None Chair/Ruzicka thanked Lt. Walker far his participation. FEBRUARY 26, 2002 PAGE 3 PLANNING COMi17I$SION "Attachment 4" 8. STUDY SESSION: Discussion of Development Code Amendment (Computer Cafes). AssocP/Lungu presented staff's report. The public hearing will be rescheduled for March 12[ 2002, Paul Esteves, Gamers-X, 926 N. Diamond Bar Boulevard, thanked staff for their interest n this matter. He acknowledged negative issues within the industry and supported standar s and regulations for the PC Cafelgaming industry. He believed the proposed ratio of staff to cost er is unfair. At $2.00 per hour for computer use, receipts are inadequate to pay for additional st ff and to generate revenue. He felt that properly placed security surveillance equipment systems ould insure adequate monitoring. He requested that the hours of operation be amended to 12:00 n on to 12:00 midnight weekdays and 12:00 noon to 2:00 a.m. weekend evenings. He also took exc ption to the two -bathroom requirement. He apologized for setting up his business prior to obt fining Conditional Use Permit approval. Sei Jong Oh, Market Workplace, said this business originated in Korea that currently pro ides 23,000 such businesses. Games are necessary to attract the students. Most young people sty for one to two hours to use the PC's and then go home to do their homework. VC/Ruzicka admires the imagination and creativity of people who wish to open new busi.nes sin Diamond Bar. He asked if staff invited comments from the Sheriff's Department on this m tter. He suggested that during a future public hearing that.a Sheriff's Department representative be invited to speak about these types of businesses. DCM/DeStefano responded that staff sought input from Lieutenant Mike Walker from` the Diamond Bar/Walnut Sheriff's Station whose comments are included in tonight's report. i VC/Ruzicka believed that if potential problems are addressed in the beginning there should 4 no problem with this type of business. However, he was concerned about the expense of having tal law enforcement respond to problems associated with this type of business. C1Tye asked if staff has received complaints from adjacent businesses about noise. DCM/DeStefano said he is aware of a complaint from a beauty salon about Gamers-X. There a time when noise affected the salon and the problem was mitigated by the use of headsets. C/Tye, commented on the fact that a tenant improvement permit was issued under the pretext of computer retail sales, asked if any computer retail sales are taking place within these facilities, e also asked for advice regarding LA County's requirement for a business license. DCM/DeStefano said that staff is not aware of any retail sale of computer hardware. Howe there is some retail sales of computer games and accessory software. DCM/DeStefano spoke i FEBRUARY 26, 2002 PAGE 4 PLANNING the department director for business licensing with LA County. In order to require a b�siness m license for this type of business, a Iocal ordinance needs to specifically create the requirent. As a result, the county will provide licensing services. C/Kuo was concerned with parking, security and noise issues. He felt that the parking paces should directly relate to the number of computer stations. DCM/DeStefano stated that based upon survey of other cities, staff found that the ratio f one parking space per 35 feet of business space seemed to be the norm. These uses will req ire a conditional use permit that gives staff the opportunity to review each business on a case b case basis. C/Kuo was also concerned about the requirement for people under the age of 18 to be accom by an adult. Chair/Nelson said he shares VC/Ruzicka's concern about the Sheriff's Department having to pend time enforcing problems associated with feral adults on Saturday night when they should out patrolling the community. The cost of security would therefore be the responsibility of the bus ness owner. DCM/DeStefano pointed out that conditional use permit reviews contain clauses to insuthe modification of conditions to meet changing uses or conditions of the facility. Such clause can contain language to address an appropriate number of calls for service from the She ff's Department. `' DCM/DeStefano reiterated that the public hearing for this matter is slated for March 12, 2002 On that date, the Commission will be asked to make its decision regarding the ordinance. C/Tye asked that staff provide information regarding the shortfall in revenue percentage from closing these businesses earlier than requested by Mr. Estevez. Agenda # 17.2 Meeting Date: A ri 1 16, 2002 CITY COUNCIL „ ,, /' AGENDA R PORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager,/ wt, TITLE: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BR, AUTHORIZING THE SUBMITTAL OF A UNITED STATES DEPARTMENT F HOUSING AND URBAN DEVELOPMENT SECTION 108 LOAN GUARANT E THROUGH THE LOS ANGELES COUNTY COMMUNITY DEVELOPMENT COMMISSION IN AN AMOUNT NOT -TO -EXCEED $4,000,000 FOR THE S NIOR CITIZEN PORTION OF THE COMMUNITY AND SENIOR CENTER PROJE T. RECOMMENDATION: It is recommended that the City Council approve Resolution No. 2002 -XX. BACKGROUND: The City continues to move forward with the planning and construction of a new Con Senior Center facility to be located on a portion of Summit Ridge Park. The Center will cc of approximately 22,500 square feet of which 4,453 square feet is being dedicated ex senior citizen uses. The dedicated senior citizen center uses (approximately 20% of the floor area) and square footage are as follows: Senior room 1,600 s.f. Storage room 568 s.f. Senior Staff Office 320 s.f. Crafts room 670 s.f. Classroom 1,295 s.f. TOTAL 4,453 s.f. The City has entered into a Cooperation Agreement with the County of Los Angeles to join i County for purposes including applying for Community Development Block Grant funds aj 108 Loan funds. unity and ain a total sively for al project Urban Section The County of Los Angeles, on behalf of the City of Diamond Bar will request a m ximum of $4 million in Section 108 Loan Guarantee funds to assist with the construction of Com unity/Senior Center facility. The Section 108 funds will be used to cover that portion of the constru tion costs of the facility that is dedicated to senior citizen uses within the Center, The loan amount11 include the estimated HUD and CDC loan underwriting and issuance costs. The total project budget, containing all activities, for the construction of the facility is estimated at $12,659,000. According to CDBG regulations only those portions of the building dedicat exclusively to senior citizen activities are eligible for Federal funding. Twenty percent of the bu Iding square footage will be dedicated space for senior activities. Therefore, twenty percent of the uilding costs are eligible for use of CDBG funds. However, CDBG eligible costs do not include hardscape, landscaping, access road, parking, and furniture, fixtures and equipment costs. Further as a result, the CDBG eligible costs are estimated at approximately $1,850,000. City staff continues to work with the Community Development Commission to refine eligible portions of the project cons uction cost. Since the City has not gone out to formal bid on the project, staff suggests the submittal of a Section 108 application in excess of the currently estimated need in case additional eligible const uction costs are identified or the bids exceed the current project estimate. This results in the Section 108 request totaling $4 million. The City will not request the drawn down of the Section 108 funds ntil the City Council has an approved project bid and the construction costs are set. The City anticipates awarding the grading bid in June of 2002, or as soon as the Notifi ation of the Request for Release of Funds approval has been received from HUD. The construct io contract is anticipated to go to bid in July 2002, with construction to begin in August 2002, The Cit anticipates requesting a draw down of funds from the County as soon as the bid has been awar ed and the contract amount established. All of the Section 108 funds will go toward eligible constr ction costs pertaining to areas dedicated 100% for senior citizens. DISCUSSION: The City is requesting a 14 -year repayment period, with the repayment coming from a p ion of the City's annual CDBG allocation and from City General Fund revenues. The proposed colla t ral for the Section 108 loan will be provided through an interagency agreement between the City and the Community Development Commission of the County of Los Angeles. The City propose to pledge General Fund Reserves as collateral for the repayment of the Section 108 Loan. Attachment "A" is a proposed repayment schedule of the $4.00 million Section 108oan. The projected interest rate used for the repayment schedule is 7.25%, which is a combinatic of the 14 year average (6.5%) on the last HUD Section 108 Public Offering conducted in August of 001, plus the 75 basis points which is the spread the CDC charges for servicing the loan. Based on a current market conditions and the proposed timing of the draw down funds, the project's inter st rate is reasonable for the next public offering by HUD. The City anticipates being able to participate in the next HUD issuance of Section 10 's in the marketplace, which is assumed to occur this summer. If the timing does not work under this scenario, the City will draw down the Section 108 loan funds under an interim financing approach. epending 2 on the timing of the issuance by HUD, the City may make a principal payment while still io the interim program. The Repayment Schedule included, as Attachment "A" does not antici ate interim financing. The proposed project satisfies the primary national objectives stipulated in the I Community Development Block Grant (CDBG) entitlement regulations. The project meets the CDIPG program national objective outlined at 24 CFR 570.208 (a)(2)(i)(A), Limited Clientele Activities -- bresumed to be principally low and moderate -income persons, specifically senior citizens. In additio to meeting the national objective criteria, the project will also meet the eligible activity criteria outline in 24 CFR 570.703(1), Acquisition, construction reconstruction rehabilitation or installation of pubil c facilities . Use of CDBG and Section 108 funds for the construction of the facility will require corn liance with Federal Davis -Bacon and prevailing wage requirements. CDBG regulations require the City Council to conduct a noticed public hearing on the ection 108 Loan application in order to obtain public input. A Notice of Public Hearing was publishec in both the Inland Valley Daily Bulletin and the San Gabriel Valley Tribune on April 8, 2002. The Community Development Commission of the County of Los Angeles will also in the future publish a public hearing notice and conduct a public hearing to receive public views and comments on the submi 3sion of the Section 108 Application for the Community and Senior Center project. Adoption of the Resolution will authorize the City Manager to submit the Section 108 Loa application, amendments, loan documents and to provide such additional information required. Prepared By: ,L(�_ Ja es DeStef no Deputy City Manager Attachments - Exhibit "A" — Repayment Schedule - Draft Resolution Guarantee is may be Exhibit "A" - Repayment Schedule A I B I C D E F 1 CITY OF DIAMOND BAR/COUNTY OF LOS ANGELES 2 - - _- ... ------ SECTION 108 REPAYMENT -- ,- 3 4 dramondbar10$repay1i April 11,20D2 Repayment Over 14 Years 5 6 -- Drawdown Assumptions August 1 2Q42 $ -- 3,928,750 _ - -- - - - --- 8 Fees -_- Historic costs f or fees - 9 Underwriter $ 24,666 (55-66-60 basis points} 10 Legal & Accounting $ - -- $ _1,200 ($300 per $1 M of notes) 6,05u ''($250 to $300 per years in term of -- repayment) - -- 12 WiretTransfer Fees ($50 per draw down event) 13 County Fee $ 40,000 .(1% of Section 108 amount} 14 Total Fees $ Total ' $ - - - 71,250 4,000 000 - ----- - - - 15 17 Rea ment Assumption p Y p s �--- 18 Interest based on August 2, 2001 HUD Public Offering plus 75 basis points to Principal amortization over 14 years Interim interest based on April 11, 2002 3 -Month LIBOR plus 20 basis points Assumed Public Offering Date for Funding County E..12% 18%0 August 1,2 02 19 20 21 22 , Section 108 Repayment August August February Fiscal Year - - - Interest Interest Total - --- Endm 23 24 25 26Principal 27 -� Fiscal Year Payment - Payment Payment -Payments -- Balance,_ 2829 2002-03 of fees) -2002-03_ 2003 04 (included in Section108) 400 $ 187,000 11 $ 116,678 $ 122,400 $ 426,078 $ 4,00 000 3,81 ,000 -3-,6-14,--0-60 30 To 31 3-22-0-0-4-05 $ 199,000 $ 116,678 $ 110,588 �'S80 ' $ 426,26 33 2005-06 $_ 211,000 $ 110588 $ 104,132 $ 425,720 $ 3,403 000 34 2006-07 $ 224,000 $ 104132 $ 97,277 $ 425,409 $ 3,179 000 _ 35 - -- - -- - - -� _ $ 2007 OB --- �$ __239000, $ 97,277 ' $ 89,964 $ - - $ 426 241. _$ 2,94Q 000 36 2008-09 $ `- 2009-10 $ 254,000 $ 89,964 $ 82,192 I $ - 270,000 $ 82 192$ 426,166 _ 426 121 $ 2686 000 2,416,000 37 2010-11 - $ _$ _73,930 , 2$7,000 $ 73,930 $ 65,147 $ 426,077 $ 2,129 000 38 39 - -- - 2011-12 _ $ 201 3-1 4 $ -- 2014-15$ 2015 -16 2016-17 $ Total $ 305,000 $ 65,147__$ 55,814 $ 425,962 � $ 1,824 000 _ $ 45,900 $ 425,714 $ 1,500 000 344,000- $ 45,906 $ 36,374 _$ 425.274 $ 1,156 000 366,000 $ 35,374 $ 24,174 r $ 425,548 $ 790000 389,000 $ 24,174 $ 12,271 $ 425,445 ' $ 401 000 401,OQ0 $ 24,174 $ 425,174 $ - 4,000,000 $1,047,744 $ 1,035,841: $ 6,083,585 410 42 43 44 45 46 RESOLUTION NO. 2002 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, AUTHORIZING THE SUBMITTAL OF A SECTION 108 LOAN GUARANTEE TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT THROUGH THE LOS ANGELES COUNTY COMMUNITY DEVELOPMENT COMMISSION WHEREAS, the City of Diamond Bar has determined that a high priority exists f r the construction of a Community/Senior Center facility; and WHEREAS, the project consists of the construction of an approximately 22,500 squar foot Community/Senior Center building, including landscaping and parking, to be located in a porti n of Summit Ridge Park; and WHEREAS, the City of Diamond Bar, a municipal corporation within the State of Cali ornia possesses legal authority to apply for Federal Assistance under the Housing and Com nity Development Act of 1974, as amended; and WHEREAS, the City has entered into a Cooperation Agreement with the County of Los An eles to join the Urban County for purposes including applying for Community Development Block rant funds; and WHEREAS, the City Manager, or his designee, is authorized to submit the Section 108 oan Guarantee application and amendments thereto and all understandings, assurances and agree ents contained therein, and to act in connection with the application and loan documents and to provide uch additional information as may be required. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR D ES HEREBY RESOLVE AS FOLLOWS: SECTION 1. As part of the financing plan for the Community/Senior Center Project, the ity approves submitting a section 108 Loan Guarantee Application to the United States Departmen of Housing and Urban Development through the County of Los Angeles Community Develop ent Commission to assist in funding the construction of said project. SECTION 2. As prerequisites for submission of the application to HUD, the City certifies Jhat it has: (a) Furnished citizens with information required by Section 570.704(a) (2)(i) of Title 1 of the Housing and Community Development Act of 1974, as amended; (b) Held at least one public hearing to obtain the views of citizens on development and housing needs; and (c) Prepared its application in accordance with Section 570.704(a)(1)(iv) of Title 1 of rhe Housing and Community Development Act of 1974, as amended, and made the application available to the public. SECTION 3. The City has and will continue to follow a detailed citizen participation plan meets the requirements described in Section 570.704(a)(2) of Title 1 of the Housing and Commt Development Act of 1974, as amended, SECTION 4. The City has and will continue to affirmatively further fair housing, an the guaranteed loan funds will be administered in compliance with: and (a) Title VI of the Civil Rights Act of 1964 (Public Law 88-352, 42 U.S.C. 2000d et s�q.); (b) The Fair Housing Act (42 U.S.C. 3601-20). SECTION 5. Will expend in the aggregate, at least 70 percent of all CDBG funds, as in Section 570.303(c) of Title 1 of The Housing and Community Development Act of 1974, as an during the three consecutive years specified by the City for its CDBG program on activities which low/moderate income persons.. SECTION 6. The City has and will continue to comply with the requirements goveining displacement, relocation, real property acquisition, and the replacement of low and moderate inc ome housing described in Section 570.606. SECTION 7. The City has and will continue to comply with other provisions of the Acl and with other applicable federal, state and local laws. SECTION 8. The City has and will continue to Certify regarding debarment, suspension and other responsibility as follows: (a) The prospective recipients of the Section 108 Loan Guarantee funds and all of their contractors will certify to the best of their knowledge and belief, that they: 1). Are not presently debarred, suspended, proposed for debarment, declared ineliible, or voluntarily excluded from covered transactions by any Federal department or agency; 2). Have not within a three year period preceding approval of their application, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal of ense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or 1 cal) transaction or contract under a public transaction; violation of Federal or State antitrust status or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3). Are not presently indicted for or otherwise criminally or civilly charged y a government entity (Federal, State or local) with commission of any of the offenses enumeratd in paragraph (a)2 of this certification; and 4), Have not within a three year period preceding approval of their application, haone or more public transactions (Federal, State or local) terminated for cause or default. 2 SECTION 9. The City hereby assures and certifies with respect to its application fo guarantee pursuant to Section 108 of the Housing and Community Development Act of 1 amended, that it has made efforts to obtain financing for the activities described herein without th such guarantee, that it will maintain documentation of such efforts for the term of the loan guaran that it cannot complete such financing consistent with the timely execution of the program plans such guarantee, SECTION 10. The City has and will continue to hereby certify, to the best of its and belief regarding lobbying, the following: a loan 174, as use of fie, and edge (a) No Federal appropriated funds have been paid or will be paid, by or on behalf 01, it, to any person for influencing or attempting to influence an officer or employee of any agency, a Me ber of Congress, an officer or employee of Congress, or an employee of a Member of Congress in con ction with the awarding of any Federal contract, the making of any Federal grant, the making of any F derai loan, the entering into of any or cooperative agreement, and the extension, continuation, r ewal amendment, or modification of any /Federal contract, grant, loan or cooperative agreement; (b) If any funds other than Federal appropriated funds have been paid or will be paid lo any person for influencing or attempting to influence an officer or employee of any agency, a Mem er of Congress, an officer or employee of Congress, or any employee of grant, loan or cooperative agree ent, it will complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying," in actor ante with its instructions; and (c) It will require that the language of paragraph (a) of this certification be included 'Inthe award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts nder grants, loans and cooperative agreements) and that all subrecipients shall certify and dis lose accordingly. SECTION 11. Continue to maintain a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, dispen ing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifyinthe actions that will be taken against employees for violation of such prohibition; (b) Establishing an ongoing drug-free awareness program to inform employees abou the following: 1). The dangers of drug abuse in the workplace; 2). The grantee's policy of maintaining a drug-free workplace; 3). Any available drug counseling, rehabilitation, and employee assistance progr s; and 4). The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. (c) Making it a requirement that each employee engaged in grant activity be given a cop} of the statement required by paragraph (a). 3 (d) Notifying the employee in the statement required by paragraph (a) that, as a cond tion of employment under the grant, the employee will: 1). Abide by the terms of the statement; and 2). Notify the employer in writing of his or her conviction for a violation of a c iminal drug statute occurring in the workplace no later than five calendar days afte such conviction. (e) Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph (d)2 from an employee or otherwise receiving actual notice of such conviction. Ern foyers of convicted employees must provide notice, including position and title, to every grant officer o other designee on whose grant activity the convicted employee was working, unless the Federal agen y has designated a central point for the receipt of such notices. Notice shall include the identifi ation number(s) of each affected grant. (f) Taking one of the following actions, within 30 calendar days of receiving notice paragraph (d)2, with respect to any employee who is so convicted: 1). Taking appropriate personnel action against such employee, up to and incl ding termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended, an any other applicable federal and state laws; and 2). In appropriate circumstances, require an employee to participate satisfactorfl in a drug abuse assistance or rehabilitation program approved for such purpose by a Federal, State or ocal health, Iaw enforcement, or other appropriate agency. ll (g) Making a good faith effort to continue to maintain a drug-free workplace implementation of paragraphs (a), (b), (c), (d), (e), and (f). SECTION 12. This Resolution shall be effective immediately upon its adoption. PASSED, ADOPTED AND APPROVED this day of , 2002. MAYOR I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that foregoing Resolution was passed, adopted, and approved at a regular meeting of the City Cou of the City of Diamond Bar held on the 16`h day of April 2002, by the following vote: 2 Agenda # 18.1 Meeting Date: A P -r -i TITLE: Consideration of Membership into the National League of Cities RECOMMENDATION: It is recommended that the City Council reconsider the issue of membership into the National League of Cities and direct staff accordingly. FINANCIAL IMPACT: According to the National League of Cities, the City will be eligible for a 50% discount on it first-year membership dues, or $1,765. After the inaugural year of membership, the dues return to th existing amount of $3,530, barring any future increases. This expenditure was not allocated for in t e Fiscal Year 2001-02 budget and would need to be appropriated from the General Fund. SACKGROUNDtDISCUSSION: This item has been continued from the April 2rzd City Council meeting in order to obtain infor ation related to a potential conflict with a specific Council member. Since it has been determined hat no conflict prevents Council Member Zirbes from participating in the discussion of the City joini g the National League of Cities, the item is again requested for consideration at this time. Founded in 1924, the National League of Cities (NLC) provides numerous support services t 1800 cities throughout the country, with California cities accounting for 114 of the total amour According to the NLC, the following benefits are provided to member cities: • Advocacy and support services for city issues on the federal level • Access to proven programs already employed by other cities • Access to innovative solutions, products and techniques • Opportunities to develop abilities through workshops and seminars • The ability to network with numerous cities throughout the country • Discounts off of registration fees to their annual conference over In addition, the NLC represents 49 state municipal leagues, including the League of California Cities. However, while the League of California Cities targets its advocacy efforts on a more statewide, local level, the NLC provides support for cities through a more national, collective effort. Therefore, many of the issues which the City deems as critical may not be considered as important on thenational level. This matter was initially discussed by Council in July of 2401 and the Mayor has asked tha Council re -consider the request at this time. Attachment: Summary of NLC member cities from California Prepared by: Todd Strojny, Senior Administrative Assistant NLC Member Cities NLC Member Cities From the State of California (114) (Updated Nightly) Population based on 2000 Census Presented Alphabetically Zeit to right City Population CRY Population Alhambra Arcata Baldwin Park Bellflower Beverly Hills Brentwood Burbank Carson Chico Claremont Compton Corona Danville East Palo Alto El Monte Eureka Fremont Glendale Hemet Indian Wells Irvine La Canada Flintridge La Quiuta Lodi Los Alamitos Los Gatos Malibu Milpitas Modesto Montclair Moreno Valley Murrieta Oakland Palm Desert Palmdale Pasadena Pittsburg Pomona 85,804 Antioch 90,532 16,651 Bakersfield 205,508 75,837 Bell Gardens 44,054 72,878 Berkeley 102,743 33,784 Brea 35,410 13,212 Buellton 3,828 100,316 Campbell 38,138 89,730 Cerritos 51,488 59,954 Chula Vista 1641914 33,998 Commerce 12,568 93,493 Concord 121,780 124,966 Culver City 38,816 41,715 Duarte 21,486 29,506 El Centro 37,835 115,965 Escondido 133,559 26,128 Fontana 128,929 203,413 Fresno 427,652 185,086 Hayward 140,030 52,781 Hercules 19,797 3,816 Inglewood 112,580 143,072 Irwindale 1,446 20,318 La Habra 58,974 23,694 Livermore 73,345 56,999 Long Beach 461,522 11,536 Los Angeles 3,694,820 28,592 Lynwood 69,845 12,575 Millbrae 20,718 62,698 Mission Viejo 93,102 188,856 Monrovia 36,929 33,049 Monterey 29,674 142,381 Mountain View 70,708 44,282 Norwalk 103,298 399,484 Oxnard 170,358 41,155 Palm Springs 42,807 116,670 Palo Alto 58,598 133,936 Pico Rivera 60,683 56,769 Placentia 46,488 149,473 Porterville 36,420 1 of 2 http://www.nlc.org/nlc_org/site/membership/city_Mcmbership/results.cfm?members MEM... 412/02 NLC Member Cities Rancho Cucamonga 127,743 Redondo Beach 63,26 Richmond 99,216 Riverside 255,16 Rocklin 36,330 Rohnert Park 42,23 Rosemead 53,505 Salinas 151,060 San Bernardino 185,401 San Carlos 27,718 San Diego 1,223,400 San Francisco 776,733 San Gabriel 39,804 San Jose 894,943 San Leandro 79,452 San Pablo 30,215 Santa Ana 337,977 Santa Barbara 92,325 Santa Clarita 151,088 Santa Fe Springs 17,438 Santa Monica 84,084 Santa Rosa 147,595 Signal Hill 9,333 Simi Valley 111,351 Stockton 243,771 Sunnyvale 131,760 Temecula 57,716 Thousand Oaks 117,005 Torrance 137,946 Tulare 43,994 Turlock 55,810 Union City 66,869 Vernon 91 Visalia 91,565 West Covina 105,080 West Hollywood 35,716 Windsor 22,744 Yorba Linda 58,918 2 of 2 http://www.nlc.org/nlc_org/site/membership/ciiy_membership/results.cftn?members MEM... 14/12/02 VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: ± i2 W MA7-no'4% DATE: ADDRESS: L�10 { 1 w• I -- PHONE35 ORGANIZATION: AGENDA #/SUBJECT: t", �) ' / I expect to address the Council on the subject agenda item. name and address as written above. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: f1�t c a� l�� t. �► r ..- - - - - - DATE: -116-- �.- ADDRESS: f ? 6-....:-i;. PHONE: ORGANIZATION: AGENDA #/SUBJECT; t4� I expect to address the Council on the subject agenda item. Please have the Council Minjutes reflect my name and address as written above. r Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: DATE: ADDRESS: PHONE: L—,Frj;i- ORGANIZATION: AGENDA #t/SUBJECT: I expect to address the Council on the subject agenda item. Please have the Council Minu es reflect my name and address as written above. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: Q DATE: 2 ADDRESS: ORGANIZATION: AGENDA #/SUBJECT:/' I expect to address the Council on the subject agenda item. Please have the Council Min tes reflect my name and address as written above. Signature Kai TO: FROM: ADDRESS: ORGANIZATION: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL CITY CLERK DATE: AGENDA #/SUBJECT: PHONE: M - K f r I expect to address the Council on the subject agenda item. Please have the Council Min name and address as written above. S' at re reflect my VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK 1� z, FROM:/tea e .- %` S T h, r --r -,q a N.DATE: _ ADDRESS: PHONE:_ `/ 5"J"',/ 74V114 ORGANIZATION: �d`r�,,a ��� fievL/a,�//'94K�� AGENDA #/SUBJECT: r I expect to address the Council on the subject agenda item. Please have the Council M name and address as written above. /--� jztn Signature 4 i3 reflect my