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9/2/2003
THIS MEETING IS BEING BROADCAST LIVE BY ADELPHIA FOR AIRING ON CHANNEL 17, AND BY REMAINING IN THE ROOM, YOU ARE GIVING YOUR PERMISSION TO BE TELEVISED. THIS MEETING WILL BE RE-BROADCAST EVERY SATURDAY AT 9:00 A.M. AND EVERY TUESDAY AT 6:30 P.M. ON CHANNEL 17 until September 9, then CHANNEL 3 CITY OF DIAMOND BAR CITY COUNCIL AGENDA SEPTEMBER 2, 2003 Ordinance No. 2003-02 Resolution 2003-52 STUDY SESSION: 6:00 p.m., CC -8 Discussion of Claim Process Public Comments CALL TO ORDER: 6:30 p.m. PLEDGE OF ALLEGIANCE: Mayor INVOCATION: Ahmad H. Sakr. Ph.D Islamic Education Center El ROLL CALL: Council Members Chang, O'Connor, Zirbes, Mayor Pro Tem Huff, Mayor Herrera APPROVAL OF AGENDA: Mayor 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Proclaiming September 2003 as National Alcohol and Drug Addiction Recovery Month. 1.2 Presentation by DBIA to the City, sponsor of Paint the Town, and display of video. BUSINESS OF THE MONTH 1.3 Presentation of City Tile to Grand Mobil as Business of the Month, September, 2003, and display of Business of the Month video. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: 3. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or matters of interest to SEPTEMBER 2, 2003 PAGE 2 CITY COUNCIL AGENDA the public that are not already scheduled for consideration on this agenda. Although the City Council values your comments, pursuant to the Brown Act, the Council generally cannot take any action on items not listed on the posted agenda. Please complete a Speaker's Card and give it to the City Clerk (completion of this form is voluntary). There is a five-minute maximum time limit when addressing the City Council. 4. RESPONSE TO PUBLIC COMMENT: Under the Brown Act, members of the City Council may briefly respond to public comments but no extended discussion and no action on such matters may take place. 5. SCHEDULE OF FUTURE EVENTS: 5.1 TRAFFIC AND TRANSPORTATION COMMISSION SPECIAL MEETING September 3, 2003 - 6:30 p.m., Government Center/AQMD Room CC -6, 21865 E. Copley Drive, Diamond Bar. 5.2 NEIGHBORHOOD MEETING — ADEL/GERNDAL —September 4, 2003 - 6:30 p.m., Government Center/AQMD Room CC -6, 21865 E. Copley Drive, Diamond Bar. 5.3 PLANNING COMMISSION MEETING — September 9, 2003 — 7:00 p.m., Government Center/AQMD Auditorium, 21865 E. Copley Drive, Diamond Bar. 5.4 CALTRANS MONTHLY MEETING — September 10, 2003 — 6:30 p.m., Government Center/AQMD Room CC -6, 21865 E. Copley Drive, Diamond Barr. 5.5 AMERICAN SPIRIT DAY — September 11, 2003 — 7:00 a.m. - Government Center/AQMD Patio Area, 21865 E. Copley Drive, Diamond Bar. 5.6 TRAFFIC AND TRANSPORTATION COMMISSION MEETING — September 11, 2003 — 7:00 p.m., Government Center/AQMD Hearing Board Room, 21865 E. Copley Drive, Diamond Bar. 5.7 CITY COUNCIL MEETING — September 16, 2003 — 6:30 p.m., Government Center/AQMD Auditorium, 21865 E. Copley Dr. 6. CONSENT CALENDAR: 6.1 CITY COUNCIL MINUTES: 6.1.1 Study Session of August 19, 2003 — Approve as submitted. SEPTEMBER 2, 2003 PAGE 3 CITY COUNCIL AGENDA 6.1.2 Regular Meeting of August 19, 2003 - Approve as submitted. 6.2 PLANNING COMMISSION MINUTES — July 22, 2003 - Receive and file. 6.3 TRAFFIC & TRANSPORTATION COMMISSION MINUTES — Regular Meeting of July 10, 2003 - Receive and file. 6.4 WARRANT - Approve Warrant Register dated August 21, 2003, and August 28, 2003, in the amount of $1,724,280.36. 6.5 TREASURER'S STATEMENT - month of July , 2003 — Review and approve. 6.6 REJECTION OF CLAIM - Filed by Walnut Valley Unified School District on May 15, 2003. Recommended Action: Approve rejection of the Claim for Damages. Requested by: City Clerk 6.7 APPROVE GENERAL PLAN REPORT. Recommended Action: Approve and direct staff to forward copies to the State Office of Planning and Research and State Department of Housing and Community Development. Requested by: Planning Division 6.8 ADOPT RESOLUTION NO. 2003-39A AMENDING RESOLUTION NO. 2003-39 — FY 2003-04 MUNICIPAL BUDGET TO INCLUDE APPROPRIATION FOR PURCHASE ORDER AND CONTRACT CONTINGENCY CARRYOVERS. Recommended Action: Adopt. Requested by: Finance Division 6.9 ADOPT RESOLUTION NO. 2003 -XX ACCEPTING AN IRREVOCABLE OFFER OF DEDICATION FOR ROAD PURPOSES FROM THE ARCHIDOCESE OF LOS ANGELES (ST. DENIS CHURCH) AT SILVER HAWK. Recommended Action: Adopt. Requested by: Public Works Division 6.10 APPROVE AGREEMENT WITH WALNUT VALLEY UNIFIED SCHOOL SEPTEMBER 2, 2003 PAGE 4 CITY COUNCIL AGENDA DISTRICT, POMONA UNIFIED SCHOOL DISTRICT, ADELPHIA COMMUNICATIONS AND THE LOS ANGELES COUNTY PUBLIC LIBRARY FOR DISPOSITION OF SURPLUS COMPUTERS. Recommended Action: Approve. Requested by: City Manager 6.11 APPROVE AMENDMENT NO. 1 TO EXCEL LANDSCAPE CONTRACT FOR LANDSCAPE MAINTENANCE SERVICES AT NINE LOCATIONS IN LLAD #38 FOR FY 2003-04, IN THE AMOUNT OF $28,323.12, WITH A CONTINGENCY AMOUNT OF $5,000; BRINGING THE TOTAL CONTRACT AMOUNT TO $52,323.12. Recommended Action: Approve. Requested by: Community Services Division 6.12 APPROVE CONTRACT WITH VALLEY CREST LANDSCAPE MAINTENANCE FOR ADDITIONAL MAINTENANCE WORK AT PANTERA AND PETERSON PARKS IN AN AMOUNT NOT TO EXCEED $30,000. Recommended Action: Approve. Requested by: Community Services Division 7. PUBLIC HEARINGS: 7.1 APPROVE FIRST READING OF ORDINANCE NO. 2003-xx RELATING TO A DEVELOPMENT CODE AMENDMENT PERTAINING TO SETBACK REGULATIONS, DRIVEWAYS AND SITE ACCESS, SLOPE MAINTENANCE, TREE PRESERVATION AND PROTECTION, RESIDENTIAL ACCESSORY STRUCTURES, SECOND UNITS, TELECOMMUNICATIONS FACILITIES AND LEGAL NOW CONFORMING STRUCTURES. Recommended Action: Open Public Hearing, Receive Testimony, Close Public Hearing, and Approve First Reading of Ordinance by title only and waive full reading. Requested by: Planning Division 8. COUNCIL CONSIDERATION: None. 9. COUNCIL SUB -COMMITTEE REPORTS/ COUNCIL MEMBER COMMENTS: 10. ADJOURNMENT: Meeting to be adjourned in memory of James Thalman. CITY COUNCIL TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager TITLE: Review of Claims Process &Litigation RECOMMENDATION: Agenda # __Study Session Meeting Date: September 2. 2003 AGENDA REPORT It is recommended that City Council review the claims process with staff. I_%T6120]0911101a] The City receives claims for damages throughout the year from residents, visitors and others. This report provides an overview of the claim for damages process, reviews the types of claims received, discusses litigation and liability issues, and finally outlines other types of claims/litigation involving the City. The City is a member of California Joint Powers Insurance Authority (CJPIA). This agency is a self insured pool of local agencies. Basically, the CJPIA is the City's insurance provider. As part of its membership in the CJPIA, the City receives the services of third -party claims administrator, Carl Warren & Company. The Claims Administrator reviews the claim submitted and determines whether to pay or recommend that the City reject the claim. Why would the City reject claim: The City is often sued when there is in fact no or very questionable liability. For example, we received recent claim from a woman that got three flat tires while driving down a private street. She wants the City to pay for damages. Her claim was rejected because the City has no liability in this case because it is a private street and the City does not own nor maintain the street. In some cases, the City, through the CJPIA, pays a settlement after a claim has been formally rejected. Why would this happen? In some cases a claim has been rejected because there is no or questionable liability to the City, bu t a settlement is reached to avoid a more costly defense of a lawsuit. This was done in the recent Recendez case. DISCUSSION Claims Process Attachment A is an overview ofthe claims process and shows the decision points for the City Council, Carl Warren, the City's claims admin istrator, and the claimant from the time the incident occurs to the time the file is closed. When someone in the community (resident, visitor or other) has an incident occur that results in damages to self or property and requests the City pay for the damages, the first step in the process is to file a claim form (Attachment B). The City Clerk's Office receives the claim form and then immediately forwards it to Carl Warren & Company. A Carl Warren representa tive reviews the claim, requests additional information and makes determinati on if City should pay or reject claim. If rejected, a City Council agenda item is presented for Council consideration with recommendation to reject claim. After a claim is rejected, the person has six months from that date to file court action on the claim. If a court action is filed, CJPIA assigns the case to legal counsel and legal process ensues. If City liability is clear, a settlement is reached and paid to the claimant. An example of clear liability would be resident sits on a park bench, discovers the bench has just been painted and his pants are now ruined from wet paint. He looks around and there is no sign indicating the bench has wet paint on it. The City is clearly atfault since itfailed to provide notice that there is wet paint on the park bench. In this case, the claimant would be paid and no further action would be required by the City Council. Number and Type of Claims (Attachment C) On average, based on the claims history of the City, the City receives about 14 claims per year. In past years the number of claims has been as high as 27 and as low as 7 claims per year. The majority of claims received by the City are for less than $2,500. In recent years the most frequent claims relate to City tree root intrusion into sewer lines and falling tree limbs on windy days. Occasionally we get a claim from someone injured in a City park or during a Parks & Recreation class or activity. Cases on the horizon — There are two claims pendi ng that are worth discu ssion with the Council Claim for slip and fall on uneven pavement. Claim for damages from a participant in Parks & Recreation excursion to Corona Del Mar Beach who received burns on his legs after a heater malfunctioned on the bus contracted to provide transportation. Staff will briefly discuss these claims at the meeting, time permitting. Litigation & Liability Issues Members of the City Council and City staff play a crucial role in protecting the City from liability and successfully defending unwarranted claims for damages. City Council members and staff can, however, have a devastating effect on creating City liability when there is none. Statements at City Council meetings or even in one-on-one meetings with residents can be used against the City in lawsuits. It is recommended that Councilmem bers use extreme caution when engaging in conversations with potential litigants. If a Councilmember wants to visit the site of a claim ortalk with potential litigants, he/she should always bring someone else to witness their conduct and statements. Other Claims & Litigation The City receives other types of claims such as worker's compensation claims from employees that are injured on duty. These claims are handled in a similar fashion to the claims for damages in that when the claim is filed, it is sent to a third party administrator for review and a recommendation is made to pay or deny the claim. Unlike a claim filed against the City by member of the public, a worker's compensation claim filed by a City employee does not followa formal and public process for reasons of employee privacy. As the Council knows, the specifics of these cases can not be discussed. Other litigation the City gets involved in is lawsuits. Lawsuits can be brought against the City to defend or challenge a City Council decision, or the City may initiate litigation or become a party to a lawsuit with other agencies such as the Coalition for Practical Regulations (NPDES litigation). In lawsuits where the City has filed the suit, the City Council has the decision making power to review the claims or settlement offers and provide direction to the attorneys litigating the matter. In the case of claims for damages, the City, as a member of the CJPIA, delegates that respons ibility and decision making authority to the CJPIA. The CJPIA is alwa ys willing to consider input from the City on any case it's handling. PREPARED BY Deputy City Manager Attachments: A. Overview of Claims Process B. City Claim Form C. FY 2002-03 List of Claims DISCUSSION: Claims Process Attachment A is an overview of the claims process and shows the decision points for the City Council, Carl Warren, the City's claims administrator, and the claimant from the time the incident occurs to the time the file is closed. When someone in the community (resident, visitor or other) has an incident occur that results in damages to self or property and requests the City pay for the damages, the first step in the process is to file a claim form (Attachment B). The City Clerk's Office receives the claim form and then immediately forwards it to Carl Warren & Company. A Carl Warren representative reviews the claim, requests additional information and makes determination if City should pay or reject claim. If rejected, a City Council agenda item is presented for Council consideration with recommendation to reject claim. After a claim is rejected, the person has six months from that date to file court action on the claim. If a court action is filed, CJPIA assigns the case to legal counsel and legal process ensues. If City liability is clear, a settlement is reached and paid to the claimant. An example of clear liability would be a resident sits on a park bench, discovers the bench has just been painted and his pants are now ruined from wet paint. He looks around and there is no sign indicating the bench has wet paint on it. The City is clearly at fault since it failed to provide notice that there is wet paint on the park bench. In this case, the claimant would be paid and no further action would be required by the City Council. Number and Type of Claims (Attachment C) On average, based on the claims history of the City, the City receives about 14 claims per year. In past years the number of claims has been as high as 27 and as low as 7 claims per year. The majority of claims received by the City are for less than $2,500. In recent years the most frequent claims relate to City tree root intrusion into sewer lines and falling tree limbs on windy days. Occasionally we get a claim from someone injured in a City park or during a Parks & Recreation class or activity. Cases on the horizon — There are two claims pending that are worth discussion with the Council. • Claim for slip and fall on uneven pavement. • Claim for damages from a participant in Parks & Recreation excursion to Corona Del Mar Beach who received burns on his legs after a heater malfunctioned on the bus contracted to provide transportation. Staff will briefly discuss these claims at the meeting, time permitting. Litigation & Liability Issues Members of the City Council and City staff play a crucial role in protecting the City from liability and successfully defending unwarranted claims for damages. City Council members and staff can, however, have a devastating effect on creating City liability when there is none. Statements at City Council meetings or even in one-on-one meetings with residents can be used against the City in lawsuits. It is recommended that Councilmembers use extreme caution when engaging in conversations with potential litigants. If a Councilmember wants to visit the site of a claim or talk with potential litigants, he/she should always bring someone else to witness their conduct and statements. Other Claims & Litigation The City receives other types of claims such as worker's compensation claims from employees that are injured on duty. These claims are handled in a similar fashion to the claims for damages in that when the claim is filed, it is sent to a third party administrator for review and a recommendation is made to pay or deny the claim. Unlike a claim filed against the City by a member of the public, a worker's compensation claim filed by a City employee does not follow a formal and public process for reasons of employee privacy. As the Council knows, the specifics of these cases can not be discussed. Other litigation the City gets involved in is lawsuits. Lawsuits can be brought against the City to defend or challenge a City Council decision, or the City may initiate litigation or become a party to a lawsuit with other agencies such as the Coalition for Practical Regulations (NPDES litigation). In lawsuits where the City has filed the suit, the City Council has the decision making power to review the claims or settlement offers and provide direction to the attorneys litigating the matter. In the case of claims for damages, the City, as a member of the CJPIA, delegates that responsibility and decision making authority to the CJPIA. The CJPIA is always willing to consider input from the City on any case it's handling. PREPARED' --V i tT M .M. - Attachments: A. Overview of Claims Process B. City Claim Form C. FY 2002-03 List of Claims GENERAL LIABILITY CLAIMS PROCESS Claim filed w/ Mail/ FAX Carl Warren Carl Warren statute or Filing Incident city clerk suit claim claim to Carl delivery account investigates requirements Occurs date/time CC: city risk Warren Lawsuitfor Either/or Supervisor resolution If coverage claim manager and met decision contested city clerk stamp save appealed to CC: city risk Overage Suit tendered review stamp, retain provisions not to city attorney Executive envelope met envelope Committee manager _ mandatory open file SCJPIA Assigned rf major injury/ settlement coverage property damage -------------- Discovery conference call Carl Warren and SCJPIA immediately Carl Warren — — — — settles File closed claim, obtains release File closed ON Letter to city Decision to settle/ 7Sta advising reject based on Either/or action to be City input legitimacy of claim _ taken and determination ld of liability Case settled I Either/or I File closed Trial I I Court � File 'ped settlement I � Claim Action by diaried for City Council Either/or statute or to reject accepted suit claim delivery to Carl Warren Appeal Suit tendered CC: city risk denied to cityattomey Eile:cios�e- Lawsuitfor Either/or resolution If coverage delivered to manager and decision contested city clerk SCJPIA appealed to date/time Overage Suit tendered SCJPIA staff, Either/or stamp, retain provisions not to city attorney Executive envelope met for resolution Committee Case settled I Either/or I File closed Trial I I Court � File 'ped settlement I � Appeal accepted Mail/FAX suit to Carl Warren CC: city risk Either/or manager and city attorney Voluntary/ _ mandatory SCJPIA Assigned settlement coverage City input to Counsel Discovery conference provisions met Case settled I Either/or I File closed Trial I I Court � File 'ped settlement I � CLAIM FOR DAMAGES 5/31/00 TO PERSON OR PROPERTY i. Maims for aeatn, injury to person or to personal property must be filed not later than six (6) months after the occurrence. (Gov. Code Sec. 911.2) 2. Claims for damages to real property must be filed not later than one (1) year after the occurrence. (Gov. Code Sec. 911.2) 3. Read entire claim before filing. 4. See page 2 for diagram upon which to locate place of accident. 5. This claim form must be signed on page 2 at bottom. 6. Attach separate sheets, if necessary, to give full details. (SIGN EACH SHEET) 7. Claim must be filed with the City Clerk. (Gov. Code Sec. 915a) 8. Additional documentation submitted with claim becomes a permanent part of the record. Reserve for Filing Stamp Claim No. To: CITY CLERK Age of Claimant (if natural person) CITY OF DIAMOND BAR 21825 E XOPLEY DRIVE DIAMOND BAR, CA 91765 Name of Claimant Home Telepbone Number Home Address of Claimant City and State Business Telephone Number Business Address of Claimant City and State Give address to which you desire notices or oommumcations to be sent regardiagthis claim: How did DAMAGE or injury occur? Give full particulars. When did DAMAGE or INJURY occur? Give full particulars, date, time of day: Where did DAMAGE or INJURY occur? Describe fully and where appropriate, give street names and addresses. If diagram is provided in blank space on back ofform indicate measurements from landmarks: What particular ACT or OMISSION do you claim caused the injury or damage? Give names of1 �Y employees causing the injury or damage, ifknown: What DAMAGE or INJURIES do you claim resulted? Give full extent of injuries or damages' claimed: What AMOUNT do you claim on account of cub item of injury or damage of date of presentation of this claim giving basis of computation: e ESTIMATED AMOUNT of your claim for personal, po_:ial property, and/or real propos: ti '..azr ones. Give basis of cx mputation: SEE PAGE 2 (OVER) 'LIST 13E SIG' r, ON REVERSE SIDE •:AMENT iruurance payments receivec, L any, anc names ul Iusurance Company: Expenditures made on account of accidemt or in;tuy: (Date—Item) (Aa:u. Name rnd acdress of Witnesses, Doctors and Hospuais: READ CAREFULLY For all accident claims place on following diagram names of streets, including North, East, South, accident by "X" and by showing house numbers or distances to street corners. and West; indicate place o' If City Vehicle was involved, designate by letter "A" location of City vehicle when you first saw it, and by "B" lucation of � - -•- or your vehicle when you first saw City vehicle; location of City vehicle at time of accident by "A -I" and location of yourself vehicle at the time of the accident by "B-1" and the point of unpact by "X" NOTE: If diagrams below do not fit the situation, attach hereto a proper diagram signed by elaimaai FOR AUTOMOBILE ACCIDENTS L I Lj I 7 FOR OTHER ACCIDENTS _, SIDEWALK Signature of Claimant or person filing on his behalf giving reiationship to Ciairnant: Typed Name: v!'ET __ nE F- yD Wj rH CITY a ERK (GW . CODE SEC. 915a). Date f c Policy LOCATION REGISTER AT FULL VALUE - JULY 2003 Valuation date: 07/31/03 CAL JOINT POWERS INS AUTHOR - by policy year DBOO DIAMOND BAR by CARL WARREN & CO. CA Page LR 22-13 File No Cov Suf Claimant Location Date of Loss Closed Date NET RESERVES r NET PAYMENTS = TCi—AL Cause Litigation Jurisdiction Current: Loss Expense Loss Expense INCURRED Description Driver Date Reported Adjuster ITo Date: Loss Expense Loss Expense FALLING TREE OR TREE LIMB Policy year 07/01/02 - 06/30/03. ■ SIR = $**,***,*** ■ ■ ASL = $0 ■ 134092 LBI 001 STINGLEY PAIGE DB - PARKS & RECREATION 0 WATER CONTACT - NON -SWIMMING PO CA 0 CLMT FELL/HIT HEAD AT BEACH 0 134378 LPD 001 BAJAMUNDI MARIA DB - PUBLIC WORKS SW INTRUSION OF TREE ROOTS TREE ROOTS DAMAGING DRIVEWAY 134482 LPD 001 LOCKHART, VERONICA DB - PUBLIC WORKS FALLING TREE OR TREE LIMB 0 TREE LIMB FELL CLMT CAR CA 134709 LPD 001 PACIS JOSE F. DB - PUBLIC WORKS 0 INTRUSION OF TREE ROOTS 09/13/02 RW TREE ROOTS DAMAGED CLMT'S L/L 134771 LBI 001 WANG AMY DB - PUBLIC WORKS 09/20/02 SLIPS & TRIPS CLMT T/F ON UNEVEN PAVEMENT 134804 LPD 001 BRADLEY TIMOTHY DB - PUBLIC WORKS 0 FALLING TREE OR TREE LIMB 0 0 TREE FELL ON PARKED VEHICLE 10/04/02 134900 LPD 001 PACHECO-PAPA MARIA V. DB - PUBLIC WORKS FALLING TREE OR TREE LIMB 11/10/02 TREE LIMB FELL ON CLMT'S VER. 135016 LPD 001 SOTO-RODARTE VIRGINIA DB - SEWER SERVICE 0 SEWAGE BACKUP CA 2;200 PLUMBING BACKED UP ALL DRAINS 0 135091 LPD 001 KUPFERMAN HANAN DB - PUBLIC WORKS CR INTRUSION OF TREE ROOTS C TREE ROOTS DMG MAIN WTR LINE 135104 LPD 001 HELMUTH GEORGIA DB - PARKS & RECREATION THROWN OR STRUCK OBJECTS 0 BASEBALL HIT CLMT'S DOG IN EYE CA w 07/10/02 02/07/03 0 NO CA 0 0 0 0 0 07/11/02 SW 09/11/02 OPEN 0 NO CA 2,300 0 0 0 2,300 09/13/02 RW 09/20/02 01/28/03 0 NO CA 0 0 0 0 0 10/04/02 DB 11/10/02 OPEN 0 NO CA 2;200 0 0 0 2,200 12/02/02 CR 07/03/02 OPEN 0 NO CA 10,000 0 0 0 10,000 12/31/02 CR 01/06/03 03/25/03 0 NO CA 0 0 0 0 0 01/09/03 DB 12/13/02 04/08/03 0 NO CA 0 0 0 0 0 01/28/03 DB 02/14/03 OPEN 0 NO CA 700 0 0 0 700 02/25/03 CR 01/14/03 05/15/03 0 NO CA 0 0 1,032 0 1,032 03/14/03 SW 03/13/03 05/23/03 0 NO CA 0 0 0 0 0 03/14/03 DB Agenda No. 6.1.1 CITY OF DIAMOND BAR CITY COUNCIL STUDY SESSION AUGUST 19, 2003 STUDY SESSION: M/Herrera called the Study Session to order at 6:05 p.m. in Room CC -8 of the Government Center/South Coast Air Quality Management District, 21865 E. Copley Drive, Diamond Bar, CA. Present: Council Members Chang, O'Connor, Zirbes, Mayor Pro Tem Huff, Mayor Herrera. Staff present: Linda Lowry, City Manager; Mike Jenkins, City Attorney; Dave Doyle, Deputy City Manager; James DeStefano, Deputy City Manager; David Liu, Public Works Director; Bob Rose, Community Services Director; Sharon Gomez, Management Analyst; April Blakey, Public Information Manager; and Nancy Whitehouse, Acting City Clerk DISCUSSION OF POLICY REGARDING CITY COUNCIL MINUTES C/O'Connor said she noticed a change in the July City Council minutes. She stated that when she spoke with CM/Lowry, she was told that the contract minutes secretary was still doing the minutes but that she (CM/Lowry) was attempting to provide the Council with action minutes rather than more detailed minutes. C/O'Connor felt it was important for Council comments to be incorporated in the minutes so that residents and Council Members were aware of what was discussed. She asked for Council support to continue as the Council had previously requested. M/Herrera said that historically, the Council minutes have reflected conversation that was pertinent to Council direction. She did not believe the Council had ever asked for verbatim minutes. But certainly they should reflect Council direction and important points made by Council Members that were relevant to future actions. C/Zirbes noticed that the last two sets of minutes were different. He agreed with C/O'Connor that occasionally Council Members make observations that are pertinent to the way they vote. From time to time it is helpful to be able to look back in the minutes and reflect on the discussion. He was not concerned with who did the minutes but would like to go back to how they were being done in the past. When Council Members change ittakes timeto get used to how they would like to have the minutes recorded becaus a each Council Member has different ideas about what the minutes should look like. He agreed that the last couple of sets of minutes were different and he wo uld prefer that the Council go back to something similar to what had been provided. He was concerned about looking back into the record and being able to see conversation and discussion as well as, points that were raised during the discussion. The minutes would still indicate the action taken and reflect the vote of the Council. AUGUST 19, 2003 PAGE 2 CC STUDY SESSION C/Chang felt there was nothing wrong with the minutes. He felt that by taking time to include more of the discussion it retained the integrity of the meeting. He would prefer that the Council continue to have some discussion detail in the minutes and not revert to strictly action minutes. If he wanted to recall past discussions he might have to listen to the tape to remember what was said. He did not see any problem with the minutes. He had no objection to the City taking back the job of doing the minutes. It could present a burden to staff but that could be overcome. He wanted consistency and continuity. Several times in the past the entire discussion was skipped and that should be changed. M/Herrera asked C/Chang to verify that he wanted to see more commentary as the Council had seen in the past. C/Chang responded "yes." MPT/Huff referred to a copy of minutes from the City of Brea. He said it was an example of what the Council did not want to have. The Brea minutes were most likely what would be consider ed "action" minutes because it indicated the action without any commentary. He liked minutes that were clean and not too verbose and hefelt that was what the Council was being provided. M/Herrera agreed minutes should not be just action minutes because they did not share information. However, she did not want to drift into the arena of having everyone's comments included in the minutes to the extent that they became verbatim minutes. It would be too costly and time consuming for staff and residents to wade through the minutes to find out what had occurred. She felt staff had direction from the majority that Council Members liked the minutes that have been provided in the past and wished to continue in a fashion similarto six months ago. C/O'Connor agreed that Council was not looking for verbatim minutes. She felt the Minutes secretary had done a good job and with direction, she would modify the minutes accordingly. C/Zirbes reiterated that he was not concerned about who did the minutes. He was only concerned about how they were presented to the Council. PUBLIC COMMENTS Clyde Hennessee, Diamond Bar resident, agreed that itwas important to include reasons for Council agreement and disagreem ent on issues. He also felt it was important to include clarifying statements from residents instead of merely stating that someone agreed ordisagreed. CM/Lowry stated that the two sets of July minutes were prepared by the Acting City Clerk and were not prepared in advan ce by the contractor because the meetings were brief. The other minutes were reviewed more carefully since the bond decision last winter because the recordation of the finance transaction AUGUST 19, 2003 PAGE 3 CC STUDY SESSION undertaken by the Council was significantly inaccurate. From that point forward she has spent more time reviewing the minutes. She advised Council that she could not go back to a level of work that was unsatisfactory to her and she wanted Council to understand that she would be reviewing the minutes for accuracy and making corrections to those minutes prior to inserting them into the Council packets. She wanted Council to understand that minutes would not be the handiwork of a contractor not subject to her review. She asked for clarification of M/Herrera 's "six-month" comment. C/O'Connor agreed that the minutes should be reviewed. Accuracy is important and that is the reason the Council Members review them as well. M/Herrera said that when she referred to six months ago she probably should have said a couple of months ago. MPT/Huff recalled that policy set by a Council several years ago called for "Action" minutes. He felt that the term should be revised to reflect this Council's wishes for content. M/Herrera stated that Council did not wish either extreme of "Action" or "Verbatim" minutes. CM/Lowry said that in her experience, when city government is becoming difficult and goals are becoming blurred and priorities being lost, minutes become verbatim because no one is willing to take responsibility for creating a clean record. ADJOURNMENT: With no further business before the Council, M/Herrera adjourned the study session at 6:20 p.m. Nancy B. Whitehouse, Acting City Clerk The foregoing minutes are hereby approved this ___ day of _____________ __, 2003. Carol Herrera, Mayor AUGUST 19, 2003 PAGE 2 CC STUDY SESSIONO ,�., C/Chang felt there was nothing wrong with the minutes. He felt that by taking time to include more of the discussion it retained the integrity of the meeting. He would prefer that the Council continue to have some discussion detail in the minutes and not revert to strictly action minutes. If he wanted to recall past discussions he might have to listen to the tape to remember what was said. He did not see any problem with the minutes. He had no objection to the City taking back the job of doing the minutes. It could present a burden to staff but that could be overcome. He wanted consistency and continuity. Several times in the past the entire discussion was skipped and that should be changed. M/Herrera asked C/Chang to verify that he wanted to see more commentary as the Council had seen in the past. C/Chang responded "yes." MPT/Huff referred to a copy of minutes from the City of Brea. He said it was an example of what the Council did not want to have. The Brea minutes were most likely what would be considered "action" minutes because it indicated the action without any commentary. He liked minutes that were clean and not too verbose and he felt that was what the Council was being provided. M/Herrera agreed minutes should not be just action minutes because they did not share information. However, she did not want to drift into the arena of having everyone's comments included in the minutes to the extent that they became verbatim minutes. It would be too costly and time consuming for staff and residents to wade through the minutes to find out what had occurred. She felt staff had direction from the majority that Council Members liked the minutes that have been provided in the past and wished to continue in a fashion similar to six months ago. C/O'Connor agreed that Council was not looking for verbatim minutes. She felt the Minutes secretary had done a good job and with direction, she would modify the minutes accordingly. C/Zirbes reiterated that he was not concerned about who did the minutes. He was only concerned about how they were presented to the Council. PUBLIC COMMENTS Clyde Hennessee, Diamond Bar resident, agreed that it was important to include reasons for Council agreement and disagreement on issues. He also felt it was important to include clarifying statements from residents instead of merely stating that someone agreed or disagreed. CM/Lowry stated that the two sets of July minutes were prepared by the Acting City Clerk and were not prepared in advance by the contractor because the meetings were brief. The other minutes were reviewed more carefully since the bond decision last winter because the recordation of the finance transaction AUGUST 19, 2003 PAGE 3 CC STUDY SESSION b#� w_ undertaken by the Council was significantly inaccurate. From that point forward she has spent more time reviewing the minutes. She advised Council that she could not go back to a level of work that was unsatisfactory to her and she wanted Council to understand that she would be reviewing the minutes for accuracy and making corrections to those minutes prior to inserting them into the Council packets. She wanted Council to understand that minutes would not be the handiwork of a contractor not subject to her review. She asked for clarification of M/Herrera's "six-month" comment. C/O'Connor agreed that the minutes should be reviewed. Accuracy is important and that is the reason the Council Members review them as well. M/Herrera said that when she referred to six months ago she probably should have said a couple of months ago. MPT/Huff recalled that policy set by a Council several years ago called for "Action" minutes. He felt that the term should be revised to reflect this Council's wishes for content. M/Herrera stated that Council did not wish either extreme of "Action" or "Verbatim" minutes. CM/Lowry said that in her experience, when city government is becoming difficult and goals are becoming blurred and priorities being lost, minutes become verbatim because no one is willing to take responsibility for creating a clean record. ADJOURNMENT: With no further business before the Council, M/Herrera adjourned the study session at 6:20 p.m. Nancy B. Whitehouse, Acting City Clerk The foregoing minutes are hereby approved this day of 2003. Carol Herrera, Mayor Agenda No. 6.1.2 MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR AUGUST 19, 2003 CALL TO ORDER: M/Herrera called the meeting to order at 6:40 p.m. in the Auditorium ofthe South Coast AirQua IityManagement District/Government Center Building, 21865 E. Copley Drive, Diamond Bar, CA. PLEDGE OF ALLEGIANCE: Mayor Herrera led the Pledge of Allegiance. INVOCATION: Bishop Mark Gardiner, Church of Christ of Latter Day Saints, presented the invocation. ROLL CALL: Council Members Chang, O'Connor, Zirbes, Mayor Pro Tem Huff, Mayor Herrera. Staff present: Linda Lowry, City Manager, Mike Jenkins, City Attorney, David Doyle, Deputy City Manager; James DeStefano, Deputy City Manager; David Liu, Public Works Director; Bob Rose, Community Services Director; Linda Magnuson, Finance Director; Fred Alamolhoda, Senior Engineer; April Blakey, Public Information Manager; Sharon Gomez, Management Analyst; Tommye Cribbins, Acting Executive Assistant; and Nancy Whitehouse, Acting City Clerk. APPROVAL OF AGENDA: As presented. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: Presentation of Certificate of Recognition for 1000 Hours of Service to Volunteer Patrol Members Pat Engelke, Bob Reppenhagen, and Machiko Tanaka. Lt. Joe Maxey accepted the certificate prepared for John Rhee, who was in a traffic accident last week. .�3 Ica LT, /a1Z/_Tr]4:ZN=I;XZ4&ytP► all :3*K91IT, IT, :[Z10WI[�Orly=i]itm PUBLIC COMMENTS: Kathleen Newe, Friends ofthe Library, thanked Council Members for co -sponsoring "Read Together Diamond Bar" Month in October. The 5K Walk/Run/Bike kickoff commences at8:30 a.m. on October 4,2003 at Basically Books, the non-profit store in the Country Hills Towne Center. Natalia Porche, Environmental Justice Coordinator, South Coast Air Quality Management District, reported on the District's efforts toward mitigating air pollution through the education and cooperat ion of cities and other governmental agencies. Clyde Hennessee, Diamond Bar resident, asked Council Members to look at what the street sweeper left in about a mile ofgu tter on the south side of Sunset Crossing Road. The sweeper did nothing but leave dust residue on cars and houses and create breathing problems for some people. He felt that the City would be better served to purchase or lease a street sweeper and control the process. AUGUST 19, 2003 PAGE 2 CITY COUNCIL Mary Matson, Diamond Bar resident and past participant ofthe Mayor's Roundtable Breakfast, felt the event was worthwhile . She wanted to know why the City had spent $1,920 on advertising fora breakfast that would serve only 20 individuals. She wanted to know why the Council decided to eliminate a concert that would serve about 1,000 individuals due tolack offunding and sponsor anevent for20 people at a cost of nearly $100 per person and who authorized the expenditure. Marie Buckland, Diamond Bar resident, was very concerned about the Council's intent for the minutes. Minutes are official records and how are citizens supposed to know what has occurred. Is the Council eliminating the minutes? What is the Council's intent? RESPONSE TO PUBLIC COMMENT: M/Herrera responded to Ms. Matson that the Mayor's Roundtable was started about two years ago. The event accommodates about 20 people and there isno charge to residents who attend. The City's Parks and Recreation budget, not the advertising budget, pays for the concert events. The City's normal monthly advertising budget was used for the Roundtable. M/Herrera explained to Ms. Buckland that during the earlier study session Council determined they wanted action minutes that included some detail. They rejected "Action" and "Verbatim" minutes. She assured Ms. Buckland that the City would continue providing Council minutes. SCHEDULE OF FUTURE EVENTS: Diamond Bar Community Foundation Meeting — August 21, 2003 — 7:00 p.m., Government Center AQMD Conf Room CC -8, 21865 E. Copley Drive. Planning Commission — August 26, 2003 — 7:00 p.m. Government Center/ AQMD Auditorium, 21865 E. Copley Drive. Parks And Recreation Commission Meeting — August 28, 2003 — 7:00 p.m., Government Center/AQMD Hearing Board Room, 21865 E. Copley Drive. Mayor's Roundtable — August 28, 2003 — 7: 00 a.m., Government Center/AQMD Cafeteria, 21865 E. Copley Drive. Labor Day Holiday — September 1, 2003 — City Offices closed. City Offices will reopen on Tuesday, September 2, 2003. City Council Meeting — September 2,2003 —6:30 p.m., Government Center/AQMD Auditorium, 21865 E. Copley Drive. AUGUST 19, 2003 PAGE 3 CITY COUNCIL CONSENT CALENDAR: Moved by C/Chang, seconded by C/Zirbes to approve the Consent Calendar with the exception of Item 6.1.1. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, O'Connor, Zirbes, MPT/Huff, M/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 6.1 Approved City Council Minutes: 6.1.2 Closed Session and Regular Meeting of August 5, 2003 — As submitted. 6.2 Received And Filed Planning Commission Minutes -Regular Meeting of July 8, 2003. 6.3 Approved Warrant Registers —dated August 7,2003 and August 14, 2003, in the amount of $290,296.03. 6.4 Denied Claims: 6.4.1 Mary Apodaca filed on July 23, 2003, and 6.4.2 Justin Lawler filed on August 4, 2003. 6.5 Accepted Dynalectric's Rescission Of Contract, Rescinded Contract Awarded To Dynalectric, and Rejected All Bids For The Traffic Signal Modification Project At Grand Avenue/Shotgun Lane, Brea Canyon Road/Lycoming Street, and Golden Springs Drive/Ballena Drive. 6.6 Adopted Resolution No. 2003-49 Opposing SB 966 (Alarcon): Prevailing Wages On Public Works Contractors' Costs. 6.7 Adopted Resolution No. 2003-50 Supporting SB 196 (Kuehl): California Regional Water Quality Control Board. MATTERS WITHDRAWN FROM CONSENT CALENDAR: 6.1.1 Study Session Minutes of August 5, 2003. MPT/Huff requested that "wedding" be inserted in the fifth line on Page 4, reading "....wedding service." MPT/Huff moved, C/Zirbes seconded, to approve the Study Session Minutes of August 5, 2003 as corrected. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, O'Connor, Zirbes, MPT/Huff, M/Herrera NOES: COUNCIL MEMBERS: None AUGUST 19, 2003 PAGE 4 CITY COUNCIL ABSENT: COUNCIL MEMBERS: None PUBLIC HEARINGS: Adopt Resolution No. 2003-51: Congestion Management Program Conformance Rep o rt — DCM/DeStefa n o p resen ted staffs report. DCM/DeStefano responded to C/O'Connor's question about how D.B. compares to other cities that D.B. has significantly more credit balance than most cities because of the traffic improvement projects and lack of significant development in recent years. Therefore, D.B. has more credit balance to offer for sale. M/Herrera opened the Public Hearing at 7:14 p.m. There was no one present who wished to speak on this matter. M/Herrera closed the Public Hearing at7:14 p.m. C/Chang moved, MPT/Huff seconded, to Adopt Resolution No. 2003-51. Motion carried bythe following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, O'Connor, Zirbes, MPT/Huff, M/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None COUNCIL CONSIDERATION: Discussion and Direction Of City Council Minute Policy. C/O'Connor explained that she asked Council for concurrence to continue with minutes that reflected limited detail and discussion on pertinent issues and included comments that would allow residents to easily understand what occurred during Council meetings. There was no one present who wished to speak on this matter. MPT/Huff moved, C/Zirbes seconded, that the Council amend the current policy to modified action minutes that include minimal discussion and comment on pertinent items. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang,O'C onnor,Zirbes, MPT/Huff, M/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None COUNCIL SUB -COMMITTEE REPORTS/ COUNCIL MEMBER COMMENTS: C/Chang felt that for the most part, the D.B. traffic was under control. The high density oftraffic signals allows the City to regulate its traffic flowto the convenience of its residents, not to the convenience of the cut -through traffic. He updated residents on the status of the SR 57/60 HOV project and the resulting traffic AUGUST 19, 2003 PAGE 5 CITY COUNCIL impacts. Although the City will suffer significant inconvenience during the project, it will result in a great benefit to the City and the freeway system. When funding is available, the City willwork to correct themerging atthe Grand off -ramp. Heasked the Mayor to adjourn tonight's meeting in memory oflong-time resident Jack Tillery, a very good friend to D.B. and its residents. C/O'Connor spoke about the loss of Jack Tillery, a great friend and supporter ofthe community. She expressed her condolences to the Tillery family. Jack Tillery will be sorely missed. C/Zirbes wished the family ofJack Tillerywell. In memory ofMr. Tillery, hewithheld further comment. MPT/Huff clarified that the current $80 million SR 57/60 HOV project is a state - funded project. D.B. does not build sound walls but itworks on behalf ofclients to see that areas meet criteria for sound wa IIs and works with the state to fund such projects. He found out only this evening after returning from a two-week trip that friend Jack Tillery had passed away. He shar ed the feelings of his colleagues and expressed his regrets to Eileen, her family, and friends. M/Herrera was confident that staff was in constant touch with CalTrans representatives in an effort to minimize traffic impacts and ramp closures. At the City's request, CalTrans posted large signs along the freeway to let drivers know that large trucks were not allowed on D.B. surface streets. Council and staff continue to work with CalTrans, a large state agency, to mitigate , to the greatest extent possible, negative impacts to D.B. residents. Four Council Members attended Jack Tillery's funeral today. It wa s very sad to have such a good friend pass and itwas veryheartwa rming to see over 300 people in the church to celebrate his life. This community will miss Jack Tillery very, very much. ADJOURNMENT: There being no further business to conduct, M/Herrera adjourned the meeting at 7:30 p.m. in memory of Jack Tillery. Nancy Whitehouse, Acting City Clerk The foregoing minutes are hereby approved this ____ day of____________, 2003 Carol Herrera, Mayor AUGUST 19, 2003 PAGE 2 wka6 w CITY COUNCIL Mary Matson, Diamond Bar resident and past participant of the Mayor's Roundtable Breakfast, felt the event was worthwhile. She wanted to know why the City had spent $1,920 on advertising for a breakfast that would serve only 20 individuals. She wanted to know why the Council decided to eliminate a concert that would serve about 1,000 individuals due to lack of funding and sponsor an event for 20 people at a cost of nearly $100 per person and who authorized the expenditure. Marie Buckland, Diamond Bar resident, was very concerned about the Council's intent for the minutes. Minutes are official records and how are citizens supposed to know what has occurred. Is the Council eliminating the minutes? What is the Council's intent? RESPONSE TO PUBLIC COMMENT: M/Herrera responded to Ms. Matson that the Mayor's Roundtable was started about two years ago. The event accommodates about 20 people and there is no charge to residents who attend. The City's Parks and Recreation budget, not the advertising budget, pays for the concert events. The City's normal monthly advertising budget was used for the Roundtable. M/Herrera explained to Ms. Buckland that during the earlier study session Council determined they wanted action minutes that included some detail. They rejected "Action" and "Verbatim" minutes. She assured Ms. Buckland that the City would continue providing Council minutes. SCHEDULE OF FUTURE EVENTS: Diamond Bar Community Foundation Meeting — August 21, 2003 — 7:00 p.m., Government Center AQMD Conf Room CC -8, 21865 E. Copley Drive. Planning Commission — August 26, 2003 — 7:00 p.m. Government Center/ AQMD Auditorium, 21865 E. Copley Drive. Parks And Recreation Commission Meeting — August 28, 2003 — 7:00 p.m., Government Center/AQMD Hearing Board Room, 21865 E. Copley Drive. Mayor's Roundtable — August 28, 2003 — 7:00 a.m., Government Center/AQMD Cafeteria, 21865 E. Copley Drive. Labor Day Holiday — September 1, 2003 — City Offices closed. City Offices will reopen on Tuesday, September 2, 2003. City Council Meeting — September 2, 2003 — 6:30 p.m., Government Center/AQMD Auditorium, 21865 E. Copley Drive. AUGUST 19, 2003 PAGE 3 q4A*-NCITY: COUNCIL CONSENT CALENDAR: Moved by C/Chang, seconded by C/Zirbes to approve the Consent Calendar with the exception of Item 6.1.1. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, O'Connor, Zirbes, MPT/Huff, M/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 6.1 Approved City Council Minutes: 6.1.2 Closed Session and Regular Meeting of August 5, 2003 — As submitted. 6.2 Received And Filed Planning Commission Minutes - Regular Meeting of July 8, 2003. 6.3 Approved Warrant Registers — dated August 7, 2003 and August 14, 2003, in the amount of $290,296.03. 6.4 Denied Claims: 6.4.1 Mary Apodaca filed on July 23, 2003, and 6.4.2 Justin Lawler filed on August 4, 2003. 6.5 Accepted Dynalectric's Rescission Of Contract, Rescinded Contract Awarded To Dynalectric, and Rejected All Bids For The Traffic Signal Modification Project At Grand Avenue/Shotgun Lane, Brea Canyon Road/Lycoming Street, and Golden Springs Drive/Ballena Drive. 6.6 Adopted Resolution No. 2003-49 Opposing SB 966 (Alarcon): Prevailing Wages On Public Works Contractors' Costs. 6.7 Adopted Resolution No. 2003-50 Supporting SB 196 (Kuehl): California Regional Water Quality Control Board. MATTERS WITHDRAWN FROM CONSENT CALENDAR: 6.1.1 Study Session Minutes of August 5, 2003. MPT/Huff requested that "wedding" be inserted in the fifth line on Page 4, reading "....wedding service." MPT/Huff moved, C/Zirbes seconded, to approve the Study Session Minutes of August 5, 2003 as corrected. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, O'Connor, Zirbes, MPT/Huff, M/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AUGUST 19, 2003 PAGE 4 wIF-iE%^ CITY COUNCIL PUBLIC HEARINGS: Adopt Resolution No. 2003-51: Congestion Management Program Conformance Report - DCM/DeStefano presented staff's report. DCM/DeStefano responded to C/O'Connor's question about how D.B. compares to other cities that D.B. has significantly more credit balance than most cities because of the traffic improvement projects and lack of significant development in recent years. Therefore, D.B. has more credit balance to offer for sale. M/Herrera opened the Public Hearing at 7:14 p.m. There was no one present who wished to speak on this matter. M/Herrera closed the Public Hearing at 7:14 p.m. C/Chang moved, MPT/Huff seconded, to Adopt Resolution No. 2003-51. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, O'Connor, Zirbes, MPT/Huff, M/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None COUNCIL CONSIDERATION: Discussion and Direction Of City Council Minute Policy. C/O'Connor explained that she asked Council for concurrence to continue with minutes that reflected limited detail and discussion on pertinent issues and included comments that would allow residents to easily understand what occurred during Council meetings. There was no one present who wished to speak on this matter. MPT/Huff moved, C/Zirbes seconded, that the Council amend the current policy to modified action minutes that include minimal discussion and comment on pertinent items. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang,O'Connor,Zirbes, MPT/Huff, M/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None COUNCIL SUB -COMMITTEE REPORTS/ COUNCIL MEMBER COMMENTS: C/Chang felt that for the most part, the D.B. traffic was under control. The high density of traffic signals allows the City to regulate its traffic flow to the convenience of its residents, not to the convenience of the cut -through traffic. He updated residents on the status of the SR 57/60 HOV project and the resulting traffic impacts. Although the City will suffer significant inconvenience during the project, it AUGUST 19, 2003 PAGE 5 'riq� CITY COUNCIL will result in a great benefit to the City and the freeway system. When funding is available, the City will work to correct the merging at the Grand off-ramp. He asked the Mayor to adjourn tonight's meeting in memory of long-time resident Jack Tillery, a very good friend to D.B. and its residents. C/O'Connor spoke about the loss of Jack Tillery, a great friend and supporter of the community. She expressed her condolences to the Tillery family. Jack Tillery will be sorely missed. C/Zirbes wished the family of Jack Tillery well. In memory of Mr. Tillery, he withheld further comment. MPT/Huff clarified that the current $80 million SR 57/60 HOV project is a state - funded project. D.B. does not build sound walls but it works on behalf of clients to see that areas meet criteria for sound walls and works with the state to fund such projects. He found out only this evening after returning from a two-week trip that friend Jack Tillery had passed away. He shared the feelings of his colleagues and expressed his regrets to Eileen, her family, and friends. M/Herrera was confident that staff was in constant touch with CalTrans representatives in an effort to minimize traffic impacts and ramp closures. At the City's request, CalTrans posted large signs along the freeway to let drivers know that large trucks were not allowed on D.B. surface streets. Council and staff continue to work with CalTrans, a large state agency, to mitigate, to the greatest extent possible, negative impacts to D.B. residents. Four Council Members attended Jack Tillery's funeral today. It was very sad to have such a good friend pass and it was very heartwarming to see over 300 people in the church to celebrate his life. This community will miss Jack Tillery very, very much. ADJOURNMENT: There being no further business to conduct, M/Herrera adjourned the meeting at 7:30 p.m. in memory of Jack Tillery. Nancy Whitehouse, Acting City Clerk The foregoing minutes are hereby approved this day of , 2003. Carol Herrera, Mayor Agenda 6.2 MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION JULY 22, 2003 CALL TO ORDER: Vice Chairman Nolan called the meeting to order at7:05 p.m. in the South Coast Air Quality Management/Gover nment Center Auditorium, 21865 East Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Commissioner Ruzicka led the pledge of allegiance. 1. ROLL CALL: Present: Vice Chairman Dan Nolan; and Commissioners Joe Ruzicka; and Jack Tanaka. Chairman Steve Tye and Commissioner Nelson were excused. Also present: James DeStefano, Deputy City Manager; Ann Lungu, Associate Planner; Linda Smith, Development Services Assistant; and Stella Marquez, Administrative Assistant. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None Offered. 3. APPROVAL OF AGENDA: As presented. 4. CONSENT CALENDAR: 4.1 Approval of July 8, 2003, Regular Meeting minutes. C/Ruzicka moved, C/Tanaka seconded, to approve the July 8,2003, minutes as presented. Without objection, the motion was so ordered with VC/Nolan abstaining and C/Nelson and Chair/Tye being absent. 5. OLD BUSINESS: None. 6. NEW BUSINESS: None. JULY 22, 2003 PAGE 2 PLANNING COMMISSION 7. PUBLIC HEARINGS: 7.1 Development Review No. 2001-04(2) and Minor Variance No. 2001-09(2) (pursuant to Code Section 22.66.060(A)(3)) is a request to revise the hours of operation from 11:30 a.m. to 10:00 p.m. daily. Current hours of operation are 6:30 p.m. to 10:00 p.m. Monday through Friday and 11:30 a.m. to 10:00 p.m. Saturday and Sunday. PROJECT ADDRESS: PROPERTY OWNER: APPLICANT: 2020 Brea Canyon Road, Suite A-7 (Lot 180, Tract 30578) Diamond Bar, CA 91765 Nathaniel Williams 3029 Wilshire Boulevard #202 Buena Park, CA 90620 Akbar Ali 8481 Holder Street Buena Park, CA 90620 DSA/Smith presented staff's report. Staff recommends Planning Commission approval of Development Review No. 2001-04(2) and Minor Variance No. 2001-09(2), Findings of Fact, and conditions of approval as listed within the resolution. DCM/DeStefano reported that staff received three letters today in support of the project. C/Tanaka asked if the shared parking agreement was instituted because there is one owner. DSA/Smith responded that C/Tanaka's assumption was correct. The same owner owned it but there was not a reciprocal parking agreement in effect. Parcel 3 and 4 are not within a 300 -foot radius. VC/Nolan opened the public hearing. Peggy Guess, Diamond Dancewear, 2020 Brea Canyon Road #A5, felt the original parking study determined there was not adequate parking. The surveys were done on April 18 and April 22. April 18 was Good Friday and there were no cars parked in that parking lot. April 22 is a holiday for the JULY 22, 2003 PAGE 3 PLANNING COMMISSION Walnut Valley and Chino Valley School District. She did not receive a mailing. She said she was also representing Martin-Brattrud Properties, the managing general partner, who said he also did not receive a notice. He wrote a letter opposing the opening of the restaurant and he is adamantly opposed to the restaurant opening earlier because overflow parking from the center parks in his parking lot. She felt the Commission should take into consideration the dates of the survey and that this project will harm the existing businesses. Don Ferderer, insurance agent, 2020 Brea Canyon Road, wanted to go on record as opposing the longer hours for the restaurant. He felt that even though the survey was conducted by an outside source, it was not a true sampling of the situation. Many times he returns from lunch and has to circle his building in order to find a parking space. The restaurant opens at 5:00 p.m. instead of 5:30 p.m., a violation of its original agreement. Paul Park, 2020 S. Brea Canyon Road #2, deli owner, returns from deliveries about 12:30 to 12:45 and cannot find a parking space except way in the back of a different building, a long walk to his business. Mondays are especially busy because 130 real estate agents meet at 10:00 a.m., and usually stay to conduct business well after noon. He does not oppose the restaurant owner making money and should be open as much as possible. If approved, this will hurt his business because he is open only for lunch. If Mr. Ali is allowed to open for lunch the deli may have to close. Mr. Park responded to VC/Nolan that his business hours are 10:00 a.m. to 4:00 p.m. Mary Ferderer, Don Ferderer Insurance, 2020 Brea Canyon Road, presented photographs taking at various times during the day showing the parking congestion at the center. She said that one photograph clearly showed Mr. Ali's restaurant open at 5:00 p.m. It was her understanding the restaurant was not to open until 5:30 p.m. She is very concerned about losing business. Naznin Allos, real estate agent, next door to the restaurant, has worked at the location for several years. She feels that if the restaurant were open for lunch it would not take away any additional parking spaces. Most of the customers for the deli and Chinese restaurant are the real estate agents. All of the realtors walk from their business to the restaurant or deli. Others who work in the center also walk to the restaurants. She did not feel it was right to JULY 22, 2003 PAGE 4 PLANNING COMMISSION deny the applicant to open for lunch. During weekdays, his business will come mostly from people within the center. She did not feel any other businesses would suffer for having this restaurant open during the lunch hour. Parking is a problem because Chuck E. Cheese customers occupy most of the parking spaces. Ghazala Khan, agent for Ali Akbar, said her understanding from day one was that there was adequate parking. Third party consultants conducted two parking studies that revealed adequate parking for this business. Her office is located across the street from the center. She concurred with comments made by Ms. Allos. She believed that there was adequate parking. She agreed that from time to time, one must drive around the center to find parking. However, there has never been a time when there were no parking spaces available. The restaurant owner has three small children. When his restaurant burned down in Orange County, he was asked to relocate in Diamond Bar. She believed this applicant should be given equal opportunity to conduct business. There being no one else who wished to speak on this matter, VC/Nolan closed the public hearing. DCM/DeStefano stated that two years ago staff's original recommendation for this restaurant was to approve the use for both lunch and dinner. The Planning Commission chose to condition the approval to a dinner business only with a startup time of 5:30 p.m. on weekdays. In July 2001, the applicant came back to the Planning Commission for a modification to allow for a catering business prior to the dinner business startup time of 5:30 p.m. The applicant has the ability to go into the facility to prepare meals for catering with table seating to commence at 5:30 p.m. This current application comes to the Planning Commission with a recommendation for approval for adding lunch business to the existing dinner operation. In June 2001, a parking study was conducted and ultimately reviewed and approved by the City's traffic engineer, Warren Siecke and Associates. In July 2003, staff was supported by a parking study review by a different traffic consultant. Both traffic consultants concluded that there is sufficient parking on-site for the lunch business. C/Ruzicka asked if staff or the traffic engineers determined the number of additional cars that would visit the site if this review were approved. JULY 22, 2003 PAGE 5 PLANNING COMMISSION DCM/DeStefano explained that such information would depend on the mix of use and what was occurring at any given hour. According to the parking study there was a peak -parking requirement for 20 parking spaces at lunch for this particular use. C/Ruzicka asked if a condition could be added to require a six-month or annual review of the project. DCM/DeStefano explained that the Commission could require a review or termination time period. C/Tanaka felt the parking survey should be done on days other than holidays. He had a problem with the restaurant posting hours of operation 30 minutes prior to the hour of approval. VC/Nolan asked who picked the dates for the survey? DCM/DeStefano explained that the parking study was done by the applicant's parking engineer and selected the dates. It is difficult to say whether the holidays were appropriate days for the study. The only way to be certain would be to conduct the survey on non -holiday days. VC/Nolan felt the center was one of the most difficult locations in Diamond Bar. Absent an adequate study it would not be responsible of this Commission to render a decision. He felt that the bulk of the traffic would be foot traffic due to the types of businesses located in the center. If the agreement was that the business opened at 5:30 p.m. it should adhere to that agreement. He was troubled by the lack of compliance by the business owner. C/Tanaka said that the application is for the business to be open from 10:00 a.m. to 10:00 p.m., not just to add on hours for lunch. He felt that the center would experience a rush of traffic when school let out in the afternoon. C/Ruzicka felt the applicant could have been more careful about how he runs his business. At the same time, the applicant is concerned about operating a business in a section of the City that likely needs this business. He was not sure how much the parking situation could be improved in the center. According to the analysis of the City's experts there is adequate parking. He believed the applicant should be allowed to operate and that the Commission should place a condition on the operation that would give the applicant due notice that he would operate like a good neighbor. JULY 22, 2003 PAGE 6 PLANNING COMMISSION C/Tanaka said he would like to see a new parking survey done on a more appropriate day of the week, not on holidays. He would also like for the applicant to correct his hours of operation. Ms. Kahn explained that the dates chosen for the parking survey were purely coincidental and not intentional. Tuesday and Friday were days of the week encouraged by staff. None of the businesses are closed on Good Friday and they are not aware that the school district is off. If anything, those days may offer increased traffic. The study can be repeated. She asked for clear direction about what days should be selected. With respect to adhering to the hours of business, the applicant indicated that it was most likely a new employee who scratched different hours on the sign. C/Ruzicka moved, C/Tanaka seconded, to reopen the public hearing and continue consideration of Development Review No. 2001-04(2) and Minor Variance No. 2001-09(2) to September 9, 2003. Ms. Kahn responded to C/Tanaka that the applicant's intention was to open from 11:30 a.m. to 2:30 p.m. She said she would clarify the issue of time for the September 9, 2003, hearing. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Ruzicka, Tanaka, VC/Nolan NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Nelson, Chair/Tye 7.2 Development Review No. 2003-10 (pursuant to Code Section 22.46.020) is a request to construct a two-story, single-family residence of approximately 12,354 gross square feet including balconies, porch, covered patio, four -car garage, and a site retaining wall with a maximum exposed height of six feet. PROJECT ADDRESS: PROPERTY OWNER/ APPLICANT: 2878 Crystal Ridge Road (Lot A, Tract 47850) Diamond Bar, CA 91765 Diamond Bar West, LLC/ Richard Gould 3480 Torrance Boulevard #300 Torrance, CA 90503 J U LY 22, 2003 PAGE 7 PLANNING COMMISSION DSA/Smith presented staff's report. Staff recommends Planning Commission approval of Development Review No. 2003-10, Findings of Fact, and conditions of approval as listed within the resolution. DSA/Smith clarified for C/Tanaka that the building height is 33 feet. Kurt Nelson, applicant, said he appreciated staff's thorough report and concurred with the conditions of approval. VC/Nolan opened the public hearing. There being no one present who wished to speak on this matter, VC/Nolan closed the public hearing. C/Ruzicka moved, C/Tanaka seconded, to approve Development Review No. 2003-10, Findings of Fact, and conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Ruzicka, Tanaka, VC/Nolan NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Nelson, Chair/Tye 8. PLANNING COMMISSION COMMENTS: C/Tanaka asked if the meeting with CA/Jenkins could be moved to August 20 instead of August 13, the last night of the Concerts in the Park series. VC/Nolan looked forward to meeting with CA/Jenkins regardless of a conflict with the Concerts in the Park series. DCM/DeStefano said he would check schedules. Optionally, the meeting could take place at 5:30 p.m. in order to allow for attendance at the concert. 9. INFORMATIONAL ITEMS: None Offered. 10. SCHEDULE OF FUTURE EVENTS: As listed in the Agenda. It JULY 22, 2003 PAGE 8 PLANNING COMMISSION ADJOURNMENT: There being no further business to come before the Planning Commission, Vice Chairman Nolan adjourned the meeting at 8:14 p.m. Attest: Vice Chairman Dan Nolan Respectfully Submitted, James DeSte ano Deputy City Manager Agenda No. 6.3 CITY OF DIAMOND BAR MINUTES OF THE TRAFFIC AND TRANSPORTATION COMMISSION JULY 10, 2003 CALL TO ORDER: Chairman Morris called the meeting to order at 7:03 p.m. in the South Coast Air Quality Management/Gover nment Center Hearing Board Room, 21865 E. Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Commissioner Torng led the Pledge of Allegiance. ROLL CALL: Present: Chairman Morris, Vice Chairman Pincher and Commissioner Torng. Commissioners Kashyap and Virginkar were excused. Also Present: David Liu, Public Works Director, Fred Alamolhod a, Senior Engineer; Sharon Gomez, Senior Management Analyst; John Ilasin, Assistant Engineer; Debbie Gonzales, Administrative Assistant and Deputy Diane Dodd. APPROVAL OF MINUTES: A. Minutes of June 12, 2003. VC/Pincher moved, C/Tomg seconded to approve the June 12, 2003 minutes as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Torng, VC/Pincher, Chair/Morris NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Kashyap, Virginkar COMMISSION COMMENTS: VC/Pincher hoped everyone received the reminder about stormwater and keeping our streets clean. IV. PUBLIC COMMENTS: Paul Akin, 22505 Lazy Meadow, asked about getting a left turn signal at the comer of Diamond Bar Boulevard and Shadow Canyon Drive. PWD/Liu explained that in the current fiscal year staff will conduct a warrant study to determine the feasibility of left -turn signals at six intersections including Diamond Bar Boulevard and Shadow Canyon Drive. 1��d�L <;y � � � t•�_\ � � � 17_1:x► •[]iLa JULY 10, 2003 PAGE 2 T&T COMMISSION VI. OLD BUSINESS: A. Street Parking Evaluation in Front of 20905 Golden Springs Drive. AE/Ilasin presented staff's report. Staff recommends that the Traffic and Transportation Commission concur with staff to remove all existing Two Hour Parking signs in front of Diamond Plaza and Coco's Restaurant on westbound Golden Springs Drive and install No Stopping Anytime signs. VC/Pincher asked if staff's report was correct in citing Coco's required parking spaces were 50 and they had 41. Chair/Morris explained that the required 50 parking spaces are based on today's standards in the City of Diamond Bar. The lot and Coco's were approved under L.A. County ordinances. Every other area meets or exceeds the required parking. Dr. Wolfgang Shane, 20905 Golden Springs Drive, said he wanted the trucks removed and the area opened up for regular vehicle parking. He presented photographs of the area to the Commission depicting how trucks block line of sight from the driveway. PWD/Liu stated that the City of Diamond Bar has a 30 minute time limit for commercial vehicle parking. Staff has concluded that, to adequately address the visibility concern, it would not be a good practice to continue allowing oversized vehicles to park in front of that specific shopping center. Therefore, staff recommended removing the two hour parking signs and installing no stopping anytime for all vehicles. VC/Pincher moved, C/Torng seconded, that the Two Hour Parking signs in front of Coco's be removed and No Stopping Anytime signs be installed. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Torng, VC/Pincher, Chair/Morris NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Kashyap, Virginkar VII. ITEMS FROM STAFF A. Traffic Enforcement Update — Report by Deputy Dodd - Received and filed on the following items: Citations: May 2003 2. Collisions: May 2003 3. Radar Trailer Development JULY 10, 2003 PAGE 3 4. Results of Traffic Operations 5. Future Deployment of the Radar Trailer VIII. NEW BUSINESS: A. Lemon Avenue/Black Hawk Drive. T&T COMMISSION SMA/Gomez presented staff's report. Staff recommends that the Traffic and Transportation Commission receive public comments, discuss the conditions of the intersection of Lemon Avenue and Black Hawk Drive, and direct staff accordingly. Anne Flesher, 20647 Larkstone Drive, asked the Commission to discontinue using their street as a South Point Middle School access. She felt that the flow of traffic related more to the volume of traffic. She recommended that vehicular access be disallowed and instead permit car access off of Brea Canyon Road coming directly into the school. This solution would dramatically reduce the volume of traffic in residential areas and mitigate safety issues. Mrs. Ramos said she lived in the last house before the school — 20659 Larkstone Drive. Every morning around 8:00 a.m. she cannot get into or out of her driveway. In the evening when she comes home she experiences the same problem. People do not heed the stop sign. She is afraid for the safety of children. She has lived in her home for 18 years and the problem gets worse every day. She has complained about people parking across her driveway but feels that no one cares about the situation. Rial Flesher, 20647 Larkstone Drive, was irate about the situation and felt that the City was not giving the problem its due notice. As Ms. Ramos said, there is a terrible problem in the area. He has talked with law enforcement about this situation. There is no enforcement in the area. Residents have asked many times for help and nothing has been done. He knows the City has no control over the school district. Numerous traffic studies verified that Lemon Avenue had a sight distance problem for school buses. Putting a stop sign on Lemon Avenue would not prevent people from stopping. He believed stop signs are ineffective. Chair/Morris recommended this matter be tabled in order to allow staff, the Sheriff's Department and the School District, and principal an opportunity to conduct further research during the school term and update the School Traffic Study. JULY 10, 2003 PAGE 4 T&T COMMISSION Mr. Ramos said that at night kids ride their bikes up to the school, throw their bikes over the wall and use the school yard. She has called the Sheriff's Department many times and there is no response. C/Torng asked staff to consider the impacts to the Brea Canyon Road side as well as the current access route. Mr. Flesher appreciated C/Torng's concern about the Brea Canyon Road side; however, school traffic that enters from Brea Canyon Road does not drive in front of any houses in the Diamond Crest neighborhood, nor does it in any way impact the safety of the children within that specific neighborhood. B. Del Sol Lane/Highland Valley Road SMA/Gomez presented staff's report. Staff recommends that the Traffic and Transportation Commission concur with staff to continue to monitor the intersection of North Del Sol Lane at Highland Valley Road. Jerry Heroux, 917 N. Del Sol Lane, asked the Commission to consider a stop sign on Sapphire Canyon Road and Del Sol Lane as well. A number of children walk to and from school and a lot of parents drop off their children in the morning and pick them up in the afternoon. Traffic goes up the rise toward Sapphire Canyon Road/Highland Valley Road. There is a lot of commercial traffic in the area. In addition, it is a cut -through for freeway traffic, especially during freeway construction for the next four years. Jack Wong, 916 N. Del Sol Ln., was concerned about speeders on his street. He works in the City of Chino Hills and there are numerous speed humps that actually slow down traffic. He said he spoke with many residents of Chino Hills who were happy with the speed humps. Jack Somers, 23936 Highland Valley Road, agreed with the two previous speakers regarding Del Sol Lane. He lives in the first house south of Del Sol and has a problem backing out of his driveway because vehicles come around the corners too fast on the blind curve. He does not understand why there are no stop signs at Highland Valley Road and Del Sol Lane. Tom Allyn, 924 Del Sol Lane, said the traffic to the day center uses his driveway when they make their u -turns — about 30 to 40 vehicles per day. His street is a short cut for people who work at Lanterman. It seems that Diamond Bar serves as a cut through for freeway traffic. He would block off Golden Springs Drive at Temple Avenue. He felt the speed limit should be reduced to 15 mph. 25 mph is way too fast on the narrow street. JULY 10, 2003 PAGE 5 T&T COMMISSION VC/Pincher asked if the traffic was cut through or neighborhood traffic. Mr. Allyn responded that some is cut through and some is neighborhood. His neighborhood is in a "driving kids" cycle. Robert Castaneda, 1003 North Del Sol Lane, (northwest corner of Highland Valley and Del Sol Lane) moved into his home about a year ago. Traffic moves way too fast in the area. He felt they needed speed humps. He is opposed to a stop sign on Highland Valley Road and Del Sol Lane, but he favors speed humps to mitigate the speeding traffic and keep traffic moving and if the speed humps do not work, then he would agree to installation of stop signs. Chair/Morris requested that with the current CalTrans construction, staff attempt to identify all of the cut through locations in the City. He was concerned that of the City installed stop signs at Highland Valley Road and Del Sol Lane, it could potentially move the problem over to Sapphire Canyon Road. IX. STATUS OF PREVIOUS ACTION ITEMS: X. ITEMS FROM COMMISSIONERS: vacation in August. XI. INFORMATIONAL ITEMS: Chair/Morris said he would be on A. Diamond Bar High School Traffic Circulation. B. Diamond Ranch High School (Phillips Ranch Road) Signal E/B 60 Phillips Ranch Road — No Striping/No Division of Lanes C. Castle Rock Road/No U Turn Signs D. SR 57/60 Direct HOV Connector Project PWD/Liu stated that Council and the City Manager have slated a Commission Recognition dinner for Monday, August 25 at Diamond Bar Country Club Golf Course. XII. SCHEDULE OF FUTURE CITY EVENTS — as agendized. JULY 10, 2003 PAGE 6 T&T COMMISSION ADJOURNMENT: There being no further business to come before the Traffic and Transportation Commission, Chairman Morris adjourned the meeting at 8:35 p.m. Respectfully, /s/ David G. Liu David G. Liu, Secretary Attest: /s/ Roland Morris Chairman Roland Morris AGENDA #6.4 NOTICE REGARDING THE WARRANT REGISTER Please note that the Warrant Register has not been included in the electronic versions of the City Council Agenda Packets on the City's Web Site because severe formatting errors occur when attempting to convert this material. If you are interested in receiving a copy of the Warrant Register, please contact the City Clerk's office at 909-860-2489 to receive a FAXed copy or to pick one up in person. We apologize for the inconvenience. CITY COUNCIL TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager TITLE: Treasurer's Statement —July 31, 2003 RECOMMENDATION: Approve the July 2003, Treasurer's Statement. FINANCIAL IMPACT: No Fiscal Impact BACKGROUND: Agenda # _6.5 Meeting Date: Sept 2, 2003 AGENDA REPORT Per City policy, the Finance Department presents the monthly Treasurer's Statement forthe City Council's review and approval. This statement shows the cash balances for the various funds, with a breakdown of bank account balances, investment account balances and the effective yield earned from investments. PREPARED BY: Susan Full, Accountant II Department Head Attachments: Treasurer's Statement Deputy City Manager CITY OF DIAMOND BAR TREASURER'S MONTHLY CASH STATEMENT July 31, 2003 BEGINNING TRANSFERS ENDING BALANCE RECEIPTS DISBURSEMENTS IN(OUT) BALANCE GENERAL FUND $22,878258.42 $1,100,043.80 $1,242,391.25 $22,735,910.97 LIBRARY SERVICES FUND 80,973.18 325.49 80,647.69 COMMUNITY ORG SUPPORT FD 2,496.00 3,500.00 4,000.00 1,996.00 GAS TAX FUND 229,783.94 229,783.94 TRANSIT TX (PROP A) FD 1,422,174.99 177,751.76 158,878.38 1,441,048.37 TRANSIT TX (PROP C) FD 1,202,106.10 108,877.02 1,310,983.12 ISTEA Fund 0.00 0.00 INTEGRATED WASTE MGT FD 540,842.46 56,094.25 28,309.70 568,627.01 AB2928-TR CONGESTION RELIEF FD 0.00 40,006.38 40,006.38 AIR QUALITY IMPRVMNT FD 177,558.34 29,060.27 148,498.07 PARK & FACILITIES DEVEL. FD 2,457,778.65 2,457,778.65 COM DEV BLOCK GRANT FD (63,707.34) 11,199.00 20,171.40 (72,679.74) CITIZENS OPT -PUBLIC SAFETY FD 196,487.25 4,092.09 192,395.16 NARCOTICS ASSET SEIZURE FD 308,582.33 308,582.33 CA LAW ENFORCEMENT EQUIP PRGM 84,625.95 84,625.95 LANDSCAPE DIST #38 FD 503,292.09 3,437.62 24,086.77 482,642.94 LANDSCAPE DIST #39 FD 277,196.01 1,642.42 25,660.70 253,177.73 LANDSCAPE DIST #41 FD 406,586.49 1,310.53 13,429.38 394,467.64 GRAND AV CONST FUND 111,579.53 111,579.53 CAP IMPROVEMENT PRJ FD (137261.78) 716,204.16 (853,465.94) SELF INSURANCE FUND 1,318,011.41 99,160.00 182,271.00 1,234,900.41 EQUIPMENT REPLACEMENT FUND 191,440.32 191,440.32 COMPUTER REPLACEMENT FUND 2,355.95 2,355.95 PUBLIC FINANCING AUTHORITY FUND 6,983,147.05 38,967.69 9,609.56 7,012,505.18 TOTALS $39,174,30734 $1,641,990.47 $2,458,490.15 $OAO $38357,807.66 SUMMARY OF CASK: DEMAND DEPOSITS: GENERAL ACCOUNT ($37,694.40) PAYROLL ACCOUNT 93,061.60 CHANGE FUND 250.00 PETTY CASH ACCOUNT 500.00 TOTAL DEMAND DEPOSITS $56,11720 INVESTMENTS: US TREASURY Money Market Acct. $687,463.92 LOCAL AGENCY INVESTMENT FD 30,601,721.36 31,289,18528 US TREASURY Money Market CASH WITH FISCAL AGENT: Account $638,146.85 LOCAL AGENCY INVESTMENT FD 6,374,358.33 (Bond Proceeds Account) 7,012,505.18 TOTAL CASH $38,357,807.66 Note: The City of Diamond Bar is invested in the State Treasurer's local Agency Investment Fund. There are two LAIF accounts set up. The regular account's funds are available for withdrawal within 24 hours. The LAIF Bond Proceeds account's withdrawals require 30 days notice. As a secondary investment option, the City maintains the US Treasury Sweep Accounts with Wells Fargo and the City's Fiscal Agent, Union Bank of California Any excess funds are "swept" on a daily basis from the City's bank accounts and are invested overnight in a pool of US Treasury Notes. Interest is credited to the City's bank accounts on a monthly basis. L.A.I.F -Effective Yield -July 2003 1.653% Wells Fargo Money Mkt -Effective Yield -July 2003 0.410% Union Bank Money Mkt - Effective Yield -July. 2003 0.940% All investments are placed in accordance with the City of Diamond Bar's Investment Policy. The above summary provides sufficient cash flow liquidity to meet the next six month's estimated expenditures. Linda C. Lawry, Treasurer CITY OF DIAMOND BAR TREASURER'S MONTHLY CASH STATEMENT July 31, 2003 SUMMARY OF CASH: DEMAND DEPOSITS: GENERAL ACCOUNT PAYROLL ACCOUNT CHANGE FUND PETTY CASH ACCOUNT INVESTMENTS: CASH WITH FISCAL AGENT: TOTAL DEMAND DEPOSITS US TREASURY Money Market Acct. LOCAL AGENCY INVESTMENT FD US TREASURY Money Market Account LOCAL AGENCY INVESTMENT FD (Bond Proceeds Account) TOTAL CASH ($37,694.40) 93,061.60 250.00 500.00 $56,117.20 $687,463.92 30,601,721.36 31, 289,185.28 $638,146.85 6,374,358.33 7,012,505.18 $38,357,807.66 Note: The City of Diamond Bar is invested in the State Treasurer's Local Agency Investment Fund. There are two LAIF accounts set up. The regular account's funds are available for withdrawal within 24 hours. The LAIF Bond Proceeds account's withdrawals require 30 days notice. As a secondary investment option, the City maintains the US Treasury Sweep Accounts with Wells Fargo and the City's Fiscal Agent, Union Bank of California. Any excess funds are "swept" on a daily basis from the City's bank accounts and are invested overnight in a pool of US Treasury Notes. Interest is credited to the City's bank accounts on a monthly basis. L.A.I.F - Effective Yield - July 2003 Wells Fargo Money Mkt -Effective Yield - July 2003 Union Bank Money Mkt - Effective Yield - July. 2003 1.653% 0.410% 0.940% All investments are placed in accordance with the City of Diamond Bar's Investment Policy. The above summary provides sufficient cash flow liquidity to meet the next six month's estima expenditures. Lipda C. Lowry, BEGINNING TRANSFERS ENDING BALANCE RECEIPTS DISBURSEMENTS IN (OUT) '' BALANCE GENERAL FUND $22,878,258.42 $1,100,043.80 $1,242,391.25 $22,735,910.97 LIBRARY SERVICES FUND 80,973.18 325.49 80,647.69 COMMUNITY ORG SUPPORT FD 2,496.00 3,500.00 4,000.00 1,996.00 GAS TAX FUND 229,783.94 229,783.94 TRANSIT TX (PROP A) FD 1,422,174.99 177,751.76 158,878.38 1,441,048.37 TRANSIT TX (PROP C) FD 1,202,106.10 108,877.02 1,310,983.12 ISTEA Fund 0.00 0.00 INTEGRATED WASTE MGT FD 540,842.46 56,094.25 28,309.70 568,627.01 AB2928-TR CONGESTION RELIEF FD 0.00 40,006.38 40,006.38 AIR QUALITY IMPRVMNT FD 177,558.34 29,060.27 148,498.07 PARK & FACILITIES DEVEL. FD 2,457,778.65 2,457,778.65 COM DEV BLOCK GRANT FD (63,707.34) 11,199.00 20,171.40 (72,679.74) CITIZENS OPT -PUBLIC SAFETY FD 196,487.25 4,092.09 192,395.16 NARCOTICS ASSET SEIZURE FD 308,582.33 308,582.33 CA LAW ENFORCEMENT EQUIP PRG 84,625.95 84,625.95 LANDSCAPE DIST #38 FD 503,292.09 3,437.62 24,086.77 482,642.94 LANDSCAPE DIST #39 FD 277,196.01 1,642.42 25,660.70 253,177.73 LANDSCAPE DIST #41 FD 406,586.49 1,310.53 13,429.38 394,467.64 GRAND AV CONST FUND 111,579.53 111,579.53 CAP IMPROVEMENT PRJ FD (137,261.78) 716,204.16 (853,465.94) SELF INSURANCE FUND 1,318,011.41 99,160.00 182,271.00 1,234,900.41 EQUIPMENT REPLACEMENT FUND 191,440.32 191,440.32 COMPUTER REPLACEMENT FUND 2,355.95 2,355.95 PUBLIC FINANCING AUTHORITY FUN 6,983,147.05 38 967.69 9,609.56 7,012,505.18 TOTALS 39,174,307.34 $1,641,990.47 $2,458,490.15 $0.00 $38,357,807.66 SUMMARY OF CASH: DEMAND DEPOSITS: GENERAL ACCOUNT PAYROLL ACCOUNT CHANGE FUND PETTY CASH ACCOUNT INVESTMENTS: CASH WITH FISCAL AGENT: TOTAL DEMAND DEPOSITS US TREASURY Money Market Acct. LOCAL AGENCY INVESTMENT FD US TREASURY Money Market Account LOCAL AGENCY INVESTMENT FD (Bond Proceeds Account) TOTAL CASH ($37,694.40) 93,061.60 250.00 500.00 $56,117.20 $687,463.92 30,601,721.36 31, 289,185.28 $638,146.85 6,374,358.33 7,012,505.18 $38,357,807.66 Note: The City of Diamond Bar is invested in the State Treasurer's Local Agency Investment Fund. There are two LAIF accounts set up. The regular account's funds are available for withdrawal within 24 hours. The LAIF Bond Proceeds account's withdrawals require 30 days notice. As a secondary investment option, the City maintains the US Treasury Sweep Accounts with Wells Fargo and the City's Fiscal Agent, Union Bank of California. Any excess funds are "swept" on a daily basis from the City's bank accounts and are invested overnight in a pool of US Treasury Notes. Interest is credited to the City's bank accounts on a monthly basis. L.A.I.F - Effective Yield - July 2003 Wells Fargo Money Mkt -Effective Yield - July 2003 Union Bank Money Mkt - Effective Yield - July. 2003 1.653% 0.410% 0.940% All investments are placed in accordance with the City of Diamond Bar's Investment Policy. The above summary provides sufficient cash flow liquidity to meet the next six month's estima expenditures. Lipda C. Lowry, CITY COUNCIL Agenda # 6.4 Meeting Date: September 2, 2003 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager t�- TITLE: Approval of Voucher Registers dated August 21, 2003 and August 28, 2003 totaling $1,724,280.36. RECOMMENDATION: Approve Voucher Registers. FINANCIAL IMPACT: Expenditure of - $1,724,280.36 in budgeted funds. BACKGROUND: At the September 17, 2002 City Council meeting, the City established a policy of issuing accounts payable checks on a weekly basis with City Council ratification and approval at its next regularly scheduled City Council meeting. DISCUSSION: The list of accounts payable bills, in the form of two voucher registers, were reviewed and recommended for payment by the Finance Subcommittee. The Finance Subcommittee has reviewed the Voucher Registers dated August 21, 2003 for $1,389,922.88 and August 28, 2003 for $334,357.48. The voucher registers are now being presented to the City Council for ratification and approval. PREPARED BY: Linda G. Magnuson Finance Director Departmen Head Attachments: Voucher Registers — 08/21 /03,and 08/28/03 C&C Deputy City Manager CITY OF DIAMOND BAR INTEROFFICE MEMORANDUM TO: Mayor Herrera and Mayor Pro Tem Huff FROM: Linda G. Magnuson, Finance Director C SUBJECT: Voucher Register, August 21, 2003 DATE: August 21, 2003 Attached is the Voucher Register dated August 21, 2003. As requested, the Finance Department is submitting the voucher register for the Finance Committee's review and approval prior to the creation of the warrants. The Voucher Register will subsequently be entered on the consent calendar for the City Council meeting on September 2, 2003. The checks will be produced after the scheduled meeting time and any recommended changes are made. Please review and sign the attached. CITY OF DIAMOND BAR VOUCHER REGISTER APPROVAL The attached listing of vouchers dated August 21, 2003 have been reviewed, approved, and recommended for payment' Payments are hereby allowed from the following Funds in these amounts FUND -tESCRIPTION PREPAID VOUCHERS 001 GENERAL FUND .00 518,439.14 112 PROP A - TRANSIT FUND .00 65,378.93 115 INTEGRATED WASTE MGT FUND .00 6,106.51 125 COM DEV BLK GRANT FUND .00 8,948.58. 126 CITIZENS OPT -PUBLIC. SFTY .00 50.00 138 LLAD 41.-38 FUND .00 11,958.50 139 LLAO #39 FUND .00 4,255.85 141 LLAD #41 FUND .00 3,892.04 250 CAPITAL IMPROV/PROJ FUND .00 770,893.33 REPORT F.7 CIR ALL FLINT -IS OAF1110 noln .00 l,389,922.88 w4w, Carol Herrera Mayor I/ -'- Rn Mayor Pro Tem TOTAL 518,439.14 65,378.93 b,10b.51 8,948.52 50.00 11,958.50 4,255.85 3,892.O4 77O,893.33 CITY OF DIAMOND BAR i RUN DATE: 08/21/2003 11:39:41 VOUCHER REGISTER PACE: 1 DUE THRU: 08/21/2003 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO F INVOICE DESCRIPTION AMOUNT DATE CHECK, ADE INC 0014090-44000-- 347504 GRANT WRITING SVCS-JUL 03 654.75 TOTAL PREPAIDS .00 TOTAL VOUCHERS 654.75 TOTAL DUE VENDOR 654.75 CHRISTINE ANN ANGELI 0015350-45300-- 13150 CONTRACT CLASS -SUMMER 147.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 147.00 . TOTAL DUE VENDOR 147.00 APSI INC 2505215-46420-13899-46420 20037024SCS CONSTRCTN SVCS -CON SR CTR 29,257.76 TOTAL PREPAIDS .00 TOTAL VOUCHERS 29,257.76 TOTAL DUE VENDOR 29,257.76 AT&T 0014090-42125-- LANG DIST CHARGES 48.36 0014090-42125-- LANG DIST CHARGES 19.75 ` 0015310-42125-- LANG DIST CHARGES 17.32 TOTAL PREPAIDS .00 TOTAL VOUCHERS 85.43 - TOTAL DUE VENDOR 85.43 BOISE CASCADE OFFICE PRODUCTS 0014090 -41200 -- PO 13344 SUPPLIES -GENERAL 10.63 0014030-41200-- PO 13344 SUPPLIES -CITY MANAGER 17.95 y 0015350-41200-- PO 13344 SUPPLIES -RECREATION 65.13 s 0014040-41200-- PO 13344 CREDIT MEMO -CITY CLERK -62.74 0015510-41200-- PO 13344 SUPPLIES -PUBLIC WORKS 61.52 0014040-41200-- PO 13344 SUPPLIES -CITY CLERK 62.74 TOTAL PREPAIDS .00 TOTAL VOUCHERS 175.23 TOTAL DUE VENDOR 175.23 BOUNCE AROUND AND CHARACTERS - 0015350 -41200 -- SUPPLIES -RECREATION 250.00' TOTAL PREPAIDS .00 To TOTAL VOUCHERS 250.00 TOTAL DUE VENDOR 250.00 CALIFORNIA JPIA 0014030-42330-- RISK MNGMNT CONF-DOYLE 245.00 TOTAL PREPAIDS .00 f y TOTAL VOUCHERS 245.00 TOTAL DUE VENDOR 245.00 CARDS INVESTMENTS INC -ni 001-23010-- FPL 94-002 REFUND -FPL 94-002 1,000.00 T TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,000.00 TOTAL DUE VENDOR 1,000.00 I , „y AL CITY OF DIAmm an RUN DATE: 08/21/2003 11:39:41 VOUCHER REGIPAGE: 2 DUE THRU: 08/21/2003 FUND/SECT-ACCT-PROJECT-ACCT BRENDA CASE 001 -23002 -- MARIA CASTANON 001 -23002 -- CHARLES ABBOTT ASSOCIATES INC 2505215-46420-13899-46420 001 -23012 -- 0015551 -45223 -- 001 -23012 -- 0015510 -45227 -- 001 -23012 -- TINA CHITTIVARANON 001 -34780 -- CHRISTINE CHO 001 -34780 -- BUN H CHOI 001 -23002 -- MARGARET CHRISTISON 001 -34730 -- WEN FANG CHUNG 001 -34780 -- PREPAID PO 6 INVOICE DESCRIPTION AMOUNT DATE CHECK 52978 REFUND PK DEP-HERITAGE 50.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 50.00 TOTAL DUE VENDOR 50.00 52982 RBPUND PK DBP-HRRITAGR 200.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 200.00 TOTAL DUE VENDOR 200.00 2169 PROF.SVCS-COM SR CNTR 162.75 2170 PROF.SVCS-EN 01-317 51.21 2171 PROF.SVCS-PLAN CHECK 135.11 2173 PROF.SVCS-EN 03-379 506.97 2168 PROF.SVCS-INSPECTIONS 139.50 2172 PROF.SVCS-EN 03-362 116.25 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,111.79 TOTAL DUE VENDOR 1,111.79 Y 'c 3808 RECREATION REFUND 85.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 85.00 TOTAL DUE VENDOR 85.00 3847 RECREATION REFUND 35.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 35.00 y;'r TOTAL DUE VENDOR 35.00 3785 REFUND PK DBP-REAOAN TOTAL PREPAIDS 50.00 00 TOTAL VOUCHERS 50.00 TOTAL DUE VENDOR 50.00 3802 RECREATION REFUND 22.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 22.00 TOTAL DUE VENDOR 22.00 y: 3851 RECREATION REFUND 64.00 - TOTAL PREPAIDS .00 TOTAL VOUCHERS 64.00 ti* TOTAL DUB VENDOR '64.00 PAGE: 3 PREPAID DATE CHECK 175.00 .00 175.00 175.00 1,311.00 .00 1,311.00 1,311.00 50.00 .00 50.00 50.00 2,000.00 .00 2,000.00 2,000.00 40.00 .00 40.00 40.00 250.00 .00 250.00 250.00 1,900.00 .00 1,900.00 1,900.00 38.44 00 38.44 38.44 1,000.00 2,000.00 .00 3,000.00 3,000.00 . 4 CITY OF DIAMOND BAR RUN DATE: 08/21/2003 11:39:41 VOUCHER REGISTER DUE THRU: 08/21/2003,. , FUND/SECT-ACCT-PROJECT-ACCP PO N INVOICE DESCRIPTION AMOUNT CITY OF NORWALK 0014040-42325-- CCAC TRNG-WHITEHOUSE TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR JAMES.B CLARKE 0014030-44000-- 13325 8/18/2003 LEGISLATIVE SVCS -WR 8/15 TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DOB VENDOR CHARMAINE COLCOL - 001-23002-- 3729 REFUND PK DEP-REAGAN TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR CONRAD & ASSOCIATES 0014050-44010-- 13405 12766 PROF.SVCS-AUDITING TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUB VENDOR CPRS DISTRICT XIII 0015350-42340-- CPRS TRNG-WEST/MURPHEY TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR CAROL DENNIS 0014040-44000-- 13221 DBCCO80503 PROF.SVCS-CNCL MTG TOTAL PREPAID$ TOTAL VOUCHERS TOTAL DUE VENDOR DEWAN LUNDIN & ASSOCIATES 2505510-46411-13498-46411 11626 DB -029-10 PROF.SVCS-INSPECTION TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR DIAMOND BAR AUTOMOTIVE 0015554-42200-- 24659 VEH NAINT-ROAD MAINT TOTAL PREPAID$ TOTAL VOUCHERS TOTAL DUE VENDOR DIAMOND BAR CHAMBER OF COMMERCE - 0014095-42115-- 13321 3069 AUG AD -VIEW 0015240-45000-- 13332 3063 CONTRACT SVCS -AUG 03 TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR PAGE: 3 PREPAID DATE CHECK 175.00 .00 175.00 175.00 1,311.00 .00 1,311.00 1,311.00 50.00 .00 50.00 50.00 2,000.00 .00 2,000.00 2,000.00 40.00 .00 40.00 40.00 250.00 .00 250.00 250.00 1,900.00 .00 1,900.00 1,900.00 38.44 00 38.44 38.44 1,000.00 2,000.00 .00 3,000.00 3,000.00 . 4 > x DIAMOND BAR CHURCH 001-23002-- 10 DIAMOND BAR COMMUNITY FOUNDATION 0014090 -41400 -- 0014030 -44000 -- DIAMOND BAR MOBIL 0015230 -42200 -- 0015230 -42200 -- DIAMOND BAR/WALNUT YMCA 1255215-42355-D9690203-42355 DIAMOND TRAX PRO AUDIO PLUS 0015340 -42210 -- AURORA DICHOSA 001 -32230 -- DIVERSIFIED PARATRANSIT INC 1125360 -45310 -- DOGGIE WALK BAGS INC 0015310-41200-- DUBBERLY GARCIA ASSOCIATES INC 0014090-44000-- 3728 REFUND PK DEP-SYC CYN PK TOTAL PREPAIDS TOTAL WUCHMS TOTAL DUE VENDOR 13815 BRICK MARRBnS 13011 2716 PROF. SVCS -GRANT WRITING TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR 24579 VEH MAINT-NGHBRHD IMPRV 010376 VER MAINT-NGNBRHD IMP TOTAL PREPAID$ TOTAL VOUCHERS TOTAL DUE VENDOR 13242 JULY CDBG DAY CA" PRGM-JUL TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR 13187 39 REPAIR SVCS -HERITAGE C/CT TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR DB 19849 REFUND -PARKING CITATION TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR PAGE: 4 PREPAID DATE CHECK 50.00 .00 50.00 50.00 2,200.00 1,750.00 .00 3,950.00 3,950.00 73.15 273.16 .00 346.31 346.31 8,576.00 2,767.10 .00 TOTAL PREPAIDS 8,576.00 8,576.00 2,767.10 „ TOTAL DUE VENDOR 25.00 s .00 25.00 25.00 103.00 .00 103.00 140.69 103.00 ti .00 i SHUTTLE SVCS -CONCERTS 2,767.10 TOTAL PREPAIDS .00 TOTAL VOUCHERS 2,767.10 „ TOTAL DUE VENDOR 2,767.10 s -.r 200308049 SUPPLIES -PARKS 140.69 TOTAL PREPAIDS .00 g TOTAL VOUCHERS 140.69 TOTAL DUB VENDOR 140.69 174/PO 12680 LIBRARY CNSLTINC4 SVCS 2,479.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 2,479.00 TOTAL DUE VENDOR 2,479.00 ; t'<w CITY OF DIAMOND BAR .RUN DATE: 08/21/2003 11:39:41 VOUCHER REGISTER DUE THRU- 08/21/2003 FUND/SECT-ACCT-PROJECT-ACCT PO N INVOICE DESCRIPTION AMOUNT DUNN'S FENCE CO. 0015340-42210-- 4517 TEMP FENCE-PANTERA PARK TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR RUDY DURAN 001-34780-- 3805 RECREATION REFUND DURHAM TRANSPORTATION INC 1125360 -45310 -- JO ANNE DYER 001-23002-- DYNALECTRIC 2505510-46412-19503-46412 2505510-46412-18703-46412 2505510-46412-18803-46412 DANILO ESTRADA 001 -23002 -- FEDERAL EXPRESS 0014090-42120-- FIRETECT 0015350 -41200 -- TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR 13143 215670 TRANSPORTATION -DAY CAMP TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR PAGE: 5 PREPAID DATE CHECK 26.00 .00 26.00 26.00 65.00 .00 85.00 85.00 4,623.17 .00 4,623.17 4,623.17 3730 REFUND PK DEP-HERITAGE 50.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 50.00 TOTAL DUE VENDOR 50.00 22032 TRFFC INPRV-FRNHLLN/DBHS 16,116.48 22032 TRFFC INPRV-PTHFND/B/CYN 16,116.48 22032 TRFFC IMPRV-EVRGRN/PTHFND 16.116.48 TOTAL PREPAIDS .00 TOTAL VOUCHERS 48,349.44 TOTAL DUE VENDOR 46,349.44 3848 REFUND PK DEP-PANTERA 200.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 200.00 TOTAL DUE VENDOR 200.00 484235811 EXPRESS MAIL -GENERAL 28.75 TOTAL PREPAIDS .00 TOTAL VOUCHERS 28.75 TOTAL DUE VENDOR 28.75 2002758 SUPPLIES -HAUNTED HOUSE 193.67 TOTAL PREPAIDS .00 TOTAL VOUCHERS 193.67 TOTAL DUE VENDOR 193.67 PAGE: 6 PREPAID DATE CHECK 13307 14666 FOOTHILL PASSES -AUC, 03 7,173.60 1125553-45533-- 13307 14668 CITY SUBSIDY -AUG 03 1,210.11 TOTAL PREPAIDS .00 TOTAL VOUCHERS 8,383.71 TOTAL DUE VMMR 8,383.71 GATEWAY CORP CENTER ASSOCIATION 1125553-45527-- BENCH INSTALL-OOPLEY/OTWY 744.45 TOTAL PREPAIDS .00, TOTAL VOUCHERS 744.45 70M DUE VENDOR 744.45 JENNIFER GONZALES - - - - 0015350-45300-- 13310 CONTRACT CLASS -SUMMER 120.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 120.00 TOTAL DUE VENDOR 120.00 SHERRIE GUERRA 001-34780-- 3809 RECREATION REFUND 85.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 85.00 TOTAL DUE VENDOR _ 85.00 HOME DEPOT - 0015310-41200-- SUPPLIES-SYC CYN PK 108.49 - 0015350-41200-- SUPPLIES -DAY CAMP 142.93 TOTAL PREPAIDS Oq TOTAL VOUCHERS 251.42 TOTAL DUE VENDOR 251.42 CHIUNG HUI HUANG _ 001-34760-- 3786 RECREATION REFUND - 95.00 TOTAL PREPAIDS 00 TOTAL VOUCHERS 95.00 i TOTAL DUE VENDOR 95.00 HULS ENVIRONMENTAL MANAGEMENT, LLC 1155515-44000-- 2476 DEPT OF CONSVTN-JUN 03 375.00 1155515-44000-- 2478 USED OIL GRANT -JUN 03 525.00 ?g 1155515-44000-- 2477 SOLID WASTE SVCS -JUN 03 2,880.00 - 0015510-44240-- 2479 PDES SVCS -JUN 03 8,895.00 TOTAL PREPAIDS .00 TOTAL. VOUCHERS 12,675.00 TOTAL DUH VENDOR 12,675.00 ILAHI ENGINEERING 0014095-46235-- 13413 27176 EQ -COMP HARDWARE 107.17 " 0014095-46230-- 13413 27176 SO -COMP HARDWARE 463.31 TOTAL PRBPAIDB .00 TOTAL VOUC39M 570.48 TOTAL DUE VENDOR 570.48 s CITY OF DIAMOND BAR RUN DATE: 08/21/2003 11:39:41 VOUCHER REGISTER PAGE: 7 DUE THRU: 08/21/2003 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO R INVOICE DESCRIPTION AMOUNT DATE CHECK INLAND EMPIRE STAGES 1125360-45310-- 13223 10047 TRANSPORTATION -EXCURSION 380.00 1125360-45310-- 13154 10392 TRANSPORTATION -EXCURSION 460.00 0015350-45310-- 13223 10047 EXCURSION-HUNTINGTON LBRY 812.00 _0015350-4530-- 13154 10392 EXCURSION -HOLLYWOOD BOWL 1,320.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 2,972.00 TOTAL DUE VENDOR 2,972.00 INLAND VALLEY HUMANE SOCIETY ' 0014431-45403-- 13214 SEPT 03 ANIMAL CONTROL SVCS -SEPT 5,958.33 TOTAL PREPAIDS .00 TOTAL VOUCHERS 5,958.33 TOTAL DUS VENDOR 5,958.33 JENKINS & HOGIN, LLP 0014020-44020-- 11088 GEN LEGAL SVCS-JUL 03 2,745.00 0014020-44020-- 11090 GEN LEGAL SVCS-COMM.SVCS 435.00 0014020-44020-- 11091 GEN LEGAL SVCS-P/WKS JUL 795.00 0014020-44020-- 11089 GEN LEGAL SVCS -COM DEV 585.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 4,560.00 TOTAL DUE VENDOR 4,560.00 JUDICIAL DATA SYSTEMS CORPORATION 0014411-45405-- 4116 PARKING CITE ADMIN-JUL 03 2,130.48 TOTAL PREPAIDS .00 TOTAL VOUCHERS 2,130.48 TOTAL DUE VENDOR 2,130.48 MJ K&V BLUEPRINT SERVICE INC 0015510-42200-- 366 EQ MAINT-XEROX METER _ 439.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 439.00 TOTAL DOE VENDOR 439.00 { MARY KARA13ELA 001-34760-- 3771 .RECREATION REFUND 40.00 - TOTAL PREPAIDS .00 TOTAL VOUCHERS 40.00. TOTAL DUE VENDOR 40.00 r KEEP AMERICA BEAUTIFUL 1155516-41400-- 8/18/2003 PROMO ITEMS -RECYCLED 238.25 TOTAL PREPAIDS .00 TOTALVOUCHERS 238.25 5 TOTAL DUE VENDOR 238.25 4 N CITY OF DIAMOND an RUN DATE: 08/21/2003 11:39:41 VOUCHER REGISTER PARE: 8 DUE THRU: 08/21/2003 FUND/SECT-ACCT-PROJECT-ACCT RENS HARDWARE 0015340 -42210 -- 0015350 -41200 -- 0015350 -41200 -- 0015340 -422* -- 0015340 -42210 -- KFC 1255215-41200-D9690403-41200 KOHLER EVENT SERVICES CORP 0015350-42130-- KPRS CONSTRUCTION SERVICES INC 2505215-46420-13899-46420 250-20300-- KUSTOM IMPRINTS INCORP 0015350-41200-- 0015350-41200-- LAZERSTAR 0015350-42410-- SHUXIANG LIN 001 -34780 -- PO A INVOICE DESCRIPTION JUN 03 SUPPLIES -PARKS JUN 03 SUPPLIES-COHN SVCS JUL 03 SUPPLIES -COMM. SVCS JUL 03 MEND CREDIT -PARKS JUL 03 SUPPLIES -PARKS TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR SUPPLIES -SR .EVENT TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR A13206 59680 EQ RENTAL -4TH JULY BLAST TOTAL PREPAIDS TOTAL VOUCi03R8 TOTAL DUE VENDOR PREPAID AMOUNT DATE CHECK 577.56 17.62 41.73 -37.11 47.01 .00 646.81 646.81 272.58 .00 272.58 272.58 764.42 .00 764.42 764.42 267.28 433.82 .00 701.10 701.10 498.00` .00 498.00 498.00 85.00 .00 , 85.00 85.00 ., 8/14/03 CONSTRUCTION -COMM SR CNTR 678,406.00 RETENTION PAY-C/S CTR -67,840.60 TOTAL PREPAIDS .00 TOTAL VOUCHERS 610,565.40 TOTAL DUE VENDOR 610,565.40 72525 SUPPLIES -RECREATION 72526 SUPPLIES -RECREATION TOTAL PRBPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR 17657 . EXCURSION -DAY CAMP TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR 3806 RECREATION REFUND TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR KATY LIU 001-34780-- 3807 RECREATION REFUND 85.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 85.00 TOTAL DUE VENDOR 85.00 -RUN DATE: 08/21/2003 11:39:41 FUND/SECT-ACCP-PROJECT-ACCT LOS ANGELES COUNTY - MTA 1125553-45535-- 1125553-45535-- 1125553-45533-- .f LAS ANGELES COUNTY SHERIFF'S DEPT 0014411 -45401 -- LAS ANGELES TIMES 0014090-42320-- MAINTEX 0015340 -42210 -- 0015340 -42210 -- METROLINK 1125553 -45533 -- 1125553 -45535 -- RICHARD MIONE 1255215-41200-D9690403-41200 MTGL INC 2505215-46420-13899-46420 CAROLINE NAGY 001-32230-- 001-32230-- • CITY OF DIAMOND BAR VOUCHER REGISTER PAGE: 9 DUE THRU: 08/21/2003 PREPAID PO A INVOICE DESCRIPTION AMOUNT DATE CHECK 13304 8030415 CITY SUBSIDY -AUG 03 1,234.80 13305 T56133 MTA TOKENS -AUG 03 1,800.00 13304 8030415 MTA PASSES -AUG 03 538.20 TOTAL PREPAIDS .00 TOTAL VOUCHERS 3,573.00 TOTAL DUE VENDOR 3,573.00 60048 CONTRACT SVCS-JUL 03 341,716.34 TOTAL PREPAIDS .00 TOTAL VOUCHERS 341,716.34 TOTAL DUE VEND0R 341,716.34 8/12/03 ANNL SUBSCRIPTIONS 258.98 TOTAL PREPAIDS .00 TOTAL VOUCHERS 258.98 TOTAL DUE VENDOR 258.98 13259 668554 SUPPLIES -HERITAGE PK 257.09 13259 672009 SUPPLIES -HERITAGE 33.53 TOTAL PREPAIDS .00 TOTAL VOUCHERS 290.62 TOTAL DUE VENDOR 290.62 13306 124813 CITY SUBSIDY -AUG 03 8,908.55 13306 124813 M03TROLINK PASSES -AUG 03 35,538.95 TOTAL PREPAIDS .00 TOTAL VOUCHERS 44,447.50 TOTAL DUE VENDOR 44,447.50 ENTERTAINMENT -SR EVENT 100.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 100.00 TOTAL DUE VENDOR 100.00 13160 19029 SPL INSPCTN SVC -COMM S/CT 12,415.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 12,415.00 TOTAL DUE VENDOR 12,415.00 DB 29065 REFUND -PARKING CITATION 50.00 DB 29066 REFUND -PARKING CITATION 50.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 100.00 TOTAL DUE VENDOR 100.00 CITY OF DIAMOND BAR -RUN DATE: 08/21/2003 11:39:41 VOUCHER REGISTER PAGE: 10 DUE THRU: 08/21/2003 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO 8 INVOICE DESCRIPTION AMOUNT DATE CHECK GARY L NEELY 0015210-44210-- 080503-1 PROF.SVCS-GOV CONSULTANT 3,240.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 3,240.00 TOTAL DUE VENDOR 3,240.00 MARIAM PETRUSZAK 001-34780-- 3846 RECREATION REFUND 220.00 TOTAL PREPAIDS • .00 TOTAL VOUCHERS 220.00 TOTAL DUE VENDOR 220.00 POMONA JUDICIAL DISTRICT 001-32230-- JUN 03 PARKING CITATION FEES -JUN 1,845.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,845.00 TOTAL DUE VENDOR 1,845.00 POMONA UNIFIED SCHOOL DISTRICT 0015350-42140-- 03062-1 FACILITY RENTAL -JUN 03 135.00 0015350-42140-- 13317 04004 FACILITY RENTAL-JUL 03 630.00 0015350-42140-- 13317 03062-1 FACILITY RENTAL-JUL 03 270.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,035.00 TOTAL DUE VENDOR 1,035.00 R F DICKSON COMPANY ..: 0015554-45501-- 13272 1143347 ST SNEEPING SVCS-JUL 03 7,770.00 1155515-45500-- 13273 1143359 DEBRIS SVCS-JUL 03 2,088.26 TOTAL PREPAIDS .00. TOTAL VOUCHERS 9,858.26 TOTAL DUE VENDOR 9,858.26 'a RALPHS GROCERY COMPANY 0015310-41200-- SUPPLIES -RECREATION 13.89 0014090-41200-- SUPPLIES -GENERAL 12.82 0015310-41200-- SUPPLIES -RECREATION 8.18 TOTAL PREPAIDS .00 TOTAL VOUCHERS 34.89 TOTAL DUE VENDOR 34.89 JIMMY RAMIREZ 0015350-45300-- 13292 CONTRACT CLASS -SUMMER 783.00 TOTAL PREPAIDS .00 to TOTAL VOUCHERS 783.00 TOTAL DUE VENDOR 783.00 LIZ RENTERIA 001-34730-- 3793 RECREATION REFUND 145.00 TOTAL PREPAIDS .00 "3t TOTAL VOUCHERS 145.00 TOTAL DUE VENDOR 145.00 CITY OF DIAMOND BAR •RUN DATE: 08/21/2003 11:39:41 VOUCHER REGISTER PAGE: 11 DUE THRU: 08/21/2003 1 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO 8 INVOICE DESCRIPTION AMOUNT DATE CHECK RHF INC 1264411-42200-- 40238 RECERTIFICATION -RADAR SYS 50.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 50.00 TOTAL DUE VENDOR 50.00 RIGEL PRODUCTS & SERVICE 0015554-46250-- 13364 072552003-4 EQ -ROAD MAINT 6,137.77 TOTAL PREPAIDS .00 TOTAL VOUCHERS 6,137.77 TOTAL DUE VENDOR 6,137.77 PETER ROGERS 0014095-42115-- 2785 PHTGRPHY SVC-D/CAMP/T/TOT 237.05 TOTAL PREPAIDS .00 TOTAL VOUCHERS 237.05 TOTAL DUE VENDOR 237.D5 S C SIGNS & SUPPLIES LLC 0015554-41250-- 26225 SUPPLIES -ROAD MAINT 151.55 TOTAL PREPAIDS .00 TOTAL VOUCHERS 151.55 TOTAL DUE VENDOR 151.55 SAN DIMAS SWIM AND RACQUET BALL CIM 0015350-42410-- 13167 81403 EXCURSION -DAY CAMP 56.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 56.00 TOTAL DUE VENDOR 56.00 SCMAF 0015350-42325-- 10/09/03 MTGS-REC STAFF 170.00 0015350-42325-- M1G-WEST/AREVALO 85.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 255.00 TOTAL DUE VENDOR 255.00 CHRIS SGROI " 001-23002-- 3726 REFUND PK DEP-HERITAGE 200.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 200.00 TOTAL DUE VENDOR 200.00 SHURGARD OF WALNUT 0014090-42140-- 13403 STORAGE RENTAL-JUL 03-D4 1,725.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,725.00 TOTAL DUE VENDOR 1,725.00 SIGMA INTERNET INC 0015240-42358-- BUS INCENTIVE -JAN -JUNE 82,489.50 TOTAL PREPAIDS .00 TOTAL VOUCHERS 82,489.50 TOTAL DUE VENDOR 82,489.50 CITY of DIAMOND BAR -RUN DATE: 08/21/2003 11:39:41 VOUCHER REGISTER PAGE: 12 DUE THRU: 08/21/2003 PREPAID FUND/SECT-ACCT-PROJECT-ACCP PO / INVOICE DESCRIPTION AMOUNT DATE CHECK SIGNAL MAINTENANCE INCORPORATED 2505510-46412-17502-46412 S1219796 ADDL SIGNAL MAINZ'-JUL 03 402.38 0015554-45507-- 13274 51219797 EXTRA SGNL MAINT-JUL 03 2,746.84 0015554-45507-- 13274 51219212 TRFFC SGNL MAINT-JUL 03 2,142.00 10 TOTAL PREPAIDS .00 TOTAL VOUCHERS 5,291.22 TOTAL DUE VENDOR 5,291.22 MARISA SOMENZI 0015310-42340-- REIMB-TUITION FEES 121.43 TOTAL PREPAIDS .00 - TOTAL VOUCHERS 121.43 TOTAL DUE VENDOR 121.43 SOUTHERN CALIFORNIA EDISON 1385538-42126-- ELECT SVCS -DIST 38 51.71 TOTAL PREPAIDS .00 TOTAL VOUCHERS 51.71 TOTAL DUE VENDOR 51.71 SOUTHERN CALIFORNIA GAS COMPANY 0015340-42126-- GAS SVCS-HRTG COMM. CTR 56.89 TOTAL PREPAIDS .00 TOTAL VOUCHERS 56.89 TOTAL DUE VENDOR 56.89 SPORT SUPPLY GROUP INC 0015350-41200-- 91239435 SUPPLIES -RECREATION 404.05 TOTAL PREPAIDS \ .00 TOTAL VOUCHERS 404.05 TOTAL DUE VENDOR 404.05 SYLVIA TORRES 001-34720-- 3788 RECREATION REFUND 40.00 001-34720-- 3787 RECREATION REFUND 40.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 80.00 TOTAL DUE VENDOR 80.00 U S BANK NA 250-20300-- 8/14/03 RETENTION PAYABLE-KPRS 67,840.60 TOTAL PREPAID$ .00 k TOTAL VOUCHERS 67,840.60 TOTAL DUE VENDOR 67,840.60 URBAN ENTOMOLOGY ASSOCIATE 1385538-42210-- 13400 459 GOPHER CONTROL -DIST 38 200.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 200.00 TOTAL DUE VENDOR 200.00 ale • RUN DATE: 08/21/2003 11:39:41 1 FUND/SECT-ACCT-PROJECT-ACCT VAN WINKLE AND AFFILIATES 0015210-44000-- 0015210-44000-- 'A ILIA VELAZQUEZ 001-34780-- VERIZON CALIFORNIA 0015340 -42125 -- 0015340 -42125 -- WALNUT VALLEY WATER DISTRICT 1385538 -42126 -- 1395539 -42126 -- 1415541 -42126 -- 0015340 -42126 -- 1385538 -42126 -- WELLS FARGO CARD SERVICES 0014010-42330-CC504-42330 WEST COVINA LANES 0015350-42410-- XAVIERS FLORIST 0015350 -41200 -- YOSEMITE WATERS 0015310 -42130 -- 0015350 -41200 -- CITY OF DIAMOND EAR VOUCHER REGISTER DUE THRU: 08/21/2003 PO # INVOICE DESCRIPTION JUL /AM 03 VIDEO DOC-JUL 03 JUL /AUG 03 VIDEO DOC -AUG 03 TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR 3804 RECREATION REFUND TOTAL PREPAIDS TOTAL VOUCHERS TOTAL'DUE VENDOR 9098608931 PH.SVCS-INFO TO GO 9098619220 PH.SVCS-SYC CYN PK TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR WATER SVCS -DIST 38 WATER SVCS -DIST 39 WATER SVCS -DIST 41 WATER SVCS -PARKS WATER SVCS -DIST 38 TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR ICSC CONF-COUNCIL TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR 298-0 EXCURSION -DAY CAMP TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR 50360 SUPPLIES -9/11 Ew TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR 13181 JUL191998 EO RENTAL AUG 13181 JUL191998 WATER SUPPLIES-JUL 03 TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR PAGE: 13 PREPAID AMOUNT DATE CHECK 1,500.00 1,500.00 .00 3,000.00 3,000.00 85.00 .00 85.00 85.00 109.11 89.58 .00 198.69 198.69 986.66 4,255.85 3,892.04 13,283.44 10,720.13 .00 33.138.12- 33,138.12 370.00 .00 370.00 370.00 301.75 .00 301.75 301.75 216.50 .00 216.50 216.50 12.00 118.50 .00i, 130.50 130.50 x CITY OF DIAMOND BAR RUN DATE: 08/21/2003 11:39:41 VOUCHER REGISTER PAGE: 14 DUE THRU: 08/21/2003 PREPAID FUND/SECT-ACCT-PROJECT-ACCT -PO 4 INVOICE DESCRIPTION AMOUNT DATE CHECK YOSEMITE WATERS REPORT TOTAL PREPAIDS .00 REPORT TOTAL VOUCHERS 1,389,922.88 REPORT TOTAL 1,389,922.88 i S �C �4 t� -P i8 r� CITY OF DIAMOND BAR INTEROFFICE MEMORANDUM TO: Mayor Herrera and Mayor Pro Tem Huff FROM: Linda G. Magnuson, Finance Director 1t . SUBJECT: Voucher Register, August 28, 2003 DATE: August 28, 2003 Attached is the Voucher Register dated August 28, 2003. As requested, the Finance Department is submitting the voucher register for the Finance Committee's review and approval prior to the creation of the warrants. The Voucher Register will subsequently be entered on the consent calendar for the City Council meeting on September 2, 2003. The checks will be produced after the scheduled meeting time and any recommended changes are made. Please review and sign the attached. L:1 i T ,LIt 171 F#' VOUCHER " REGIS, 'The attached listing of vouchers dated August 28, 2003 have been reviewed, approved, and recommended for payment. Payments are hereby allowed from the following funds in these amounts FUND AESCRIPTION i?REPAID VOUCHERS TOTAL 001 GENERAL FUND r r {`100,210.00 :115,429.46 21b,13 .4t� 010 LIBRARY SERVICES '` ,00 � 433.00 433.00 112 PROP A - TRANSIT FUND' .00 111.13', 111.13 115 INTEGRATED WASTE MOT FUND .0045.09 45.09 118 AIR ULTY IMPR FD (AB276,4);,kfir= .00. 92.66 92.66 125 CRM DEV BL1 GRANT FUND ,,� : 40 . 8 , 430 , OG 8, 430.00 126 CITIZENS UPI -PUBLIC SFTY ;a "; .00 2,833,60 2,833.60 250 CAPITAL IMPROV/PROD FUN33 � � .00' 106,272.54 106,272.54 REPORT FOR ALL FUNDS 100,210.00 234,147.48 334,357.43 APPROVED BY L i n r1 a G. mdgr&son Carol Herrera 4 x; Finance Director Mayor ". Lznda C. LowryU Robert S. Huff City Manager Mayor Pro Tem ' M K L _. RyFJ Jl +J1t3 F x • CITY OF DIAMOND BAR RUN DATE: 08/27/2003 16:17:43 VOUCHER REGISTER PAGE: 1 DUE THRU: 08/28/2003 a° PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK ADAPT CONSULTING INC 1155516-41400-- 1387 PROMO ITEMS-REPCMNT CAPS 45.09 TOTAL PREPAIDS .00 TOTAL VOUCHERS 45.09 TOTAL DUE VENDOR 45.09 ADELPHIA 0014010-42125-CC404-42125 CC404 MODEM SVCS -COUNCIL 44.95 0014010-42125-CC504-42125 CC504 MODEM SVCS -COUNCIL 44.95 0014010-42125-CC304-42125 CC304 MODEM SVCS -COUNCIL 44.95 TOTAL PREPAIDS .00 TOTAL VOUCHERS 134.85 TOTAL DUE VENDOR 134.85 ADVANCED APPLIED ENGINEERING INC 2505510-46411-01403-46411 12885/P13004 ST IMP -SLURRY SEAL AREA 5 8,715.20 TOTAL PREPAIDS .00 TOTAL VOUCHERS 8,715.20 TOTAL DUE VENDOR 8,715.20 AJAX SIGN GRAPHICS INC 0014090-41200-- 19275 SUPPLIES -NAMEPLATES 29.58 TOTAL PREPAIDS .00 TOTAL VOUCHERS 29.58 TOTAL DUE VENDOR 29.58 ALPERT'S PRINTING INC 0014095-42110-- 25971 PRINT SVCS -BUS CARDS 74.28 TOTAL PREPAIDS .00 TOTAL VOUCHERS 74.28 TOTAL DUE VENDOR 74.26 AMERICAN ASPHALT SOUTH INC 2505510-46411-01403-46411 #1 PO 13262 ST IMP -SLURRY SEAL AREA 5 85,143.54 TOTAL PREPAIDS .00 TOTAL VOUCHERS 85,143.54 TOTAL DUE VENDOR 85,143.54 AT&T 0014095-42125-- LONG DIST SVCS 43.46 0014030-42125-- LONG DIST CHARGS 59.40 TOTAL PREPAIDS .00 TOTAL VOUCHERS 102.66 TOTAL DUE VENDOR 102.86 III, JOHN E BISHOP 0015350-45300-- 13288 CONTRACT CLASS -SUMMER 1,006.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 11008.00 TOTAL DUE VENDOR 1,006.00 CITY OF DIAMOND BAR RUN DATE: 08/27/2003 16:17:43 VOUCHER REGISTER PAGE: 2 DUE THRU: 08/28/2003 PREPAID FUND/SECT-ACCT-PROSECT-ACCT PO k INVOICE DESCRIPTION AMOUNT DATE CHECK BLANCA CASTANEDA 001-23002-- 3937 REFUND PK DEP-SYC CYN PK 50.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 50.00 - TOTAL DUE VENDOR 50..00 CCCA 0014010-42330-CC404-42330 CCCA CONF-COUNCIL 380.00 0014415-42325-- CCCA MTG-V/PATROL 210.00 08/28/2003 55087 0014010-42325-- CCCA MTG-COUNCIL 30.00 08/28/2003 55087 0014411-42325-- CCCA MTG-SHERIFF 20.00 08/28/2003 55087 0014030-42325-- CCCA MTG-STAFF 50.00 08/28/2003 5.5087 TOTAL PREPAIDS 310.00 TOTAL VOUCHERS 380.00 TOTAL DUE VENDOR 690.00 ALFRED CHIN 001-34780-- 3882 RECREATION REFUND 36.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 36.00 TOTAL DUE VENDOR 36.00 CINTAS CORPORATION 0015510-41200-- 150735449 SUPPLIES -PUBLIC WORKS 174.27 TOTAL PREPAIDS .00 TOTAL VOUCHERS 174.27 TOTAL DUE VENDOR 174.27 CITY OF LA VERNE 0014411-45405-- JUL/AUG PRKG CITE HRGS-JUL 03 515.00 0014411-45405-- JUL/AUG PRKG CITE HRGS-AUG 03 350.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 865.00 TOTAL DUE VENDOR 865.00 JAMES B CLARKE 0014030-44000-- 13325 8/26/03 LEGISLATIVE SVCS -WK 8/22 1,410.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,410.00 TOTAL DUE VENDOR 1,410.00 VICKY CUPP 0015350-45300-- 13309 CONTRACT CLASS -SUMMER 124.80 TOTAL PREPAIDS .00 TOTAL VOUCHERS 124.80 TOTAL DUE VENDOR 124.80 RUN DATE: 08/27/2003 16:17:43 FUND/SECT-ACCT-PROJECT-ACCT D & J MUNICIPAL SERVICES, INC 001-23010-- 001-23010-- 001-23010-- 001-23010--" 001-23010-- 001-23010-- 001-23010-- 001-23010-- 0015220-45201-- 001-23010-- 001-23010-- 001-23010-- 001-23010-- 001-23010-- 001-23010-- 001-23010-- 001-23010-- 001-23010-- 001-23010-- 001-23010-- DIAMOND BAR CHINESE AMERICAN ASSC 001 -23002 -- 001 -36610 -- DIAMOND BAR INTERNATIONAL DELI 0014090 -42325 -- DIAMOND BAR MOBIL 0014415 -42310 -- 0015310 -42310 -- 0014090 -42310 -- AMOUNT 3869 REFUND PK DEP-HERITAGE PK 3869 REFUND PK DEP-HERITAGE PK TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR 13345 4449 SUPPLIES -COUNCIL MTG TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR JUL 02 FUEL-V/PATROL JUL 02 FUEL -COMM. SVCS JUL 02 FUEL -GENERAL TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR PAGE: 3 90.00 90.00 90.00 90.00 90.00 90.00 90.00 90.00 32,346.20 90.00 90.00 90.00 90.00 90.00 90.00 90.00 90.00 90.00 90.00 90.00 .00 34,056.20 34,056.20 200.00 50.00 .00 250.00 250.00 146.00 .00 146.00 146.00 165.89 477.69 156.62 .00 800.20 800.20 DOG DEALERS, INC 0015350-45300-- 13312 CONTRACT CLASS -SUMMER 300.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 300.00 TOTAL DUE VENDOR 300.00 PREPAID DATE CHECK CITY OF DIAMOND BAR VOUCHER REGISTER DUE THRU: 08/28/2003 PO k INVOICE DESCRIPTION 03-02 PROF.SVCS-FPL 2002-66 03-02 PROF.SVCS-FPL 2002-60 03-02 PROF.SVCS-FPL 2002-70 03-02 PROF.SVCS-FPL 2002-59 03-02 PROF.SVCS-FPL 2003-20 03-02 PROF.SVCS-FPL 2002-69 03-02 PROF.SVCS-FPL 2003-18 03-02 PROF.SVCS-FPL 2002-57 13250 DB -BLDG 12 BLDG&SFTY SVCS -8/1-8/22 03-02 PROF.SVCS-FPL 2002-64 03-02 PROF.SVCS-FPL 2003-17 03-02 PROF.SVCS-FPL 2002-30 03-02 PROF.SVCS-FPL 2003-12 03-02 PROF.SVCS-FPL 2003-11 03-02 PROF.SVCS-FPL 2003-14 03-02 PROF.SVCS-FPL 2002-28 03-02 PROF.SVCS-FPL 2002-12 03-02 PROF.SVCS-FPL 2003-10 03-02 PROF.SVCS-FPL 2002-52 03-02 PROF -SVCS -FPL 2003-08 TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR AMOUNT 3869 REFUND PK DEP-HERITAGE PK 3869 REFUND PK DEP-HERITAGE PK TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR 13345 4449 SUPPLIES -COUNCIL MTG TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR JUL 02 FUEL-V/PATROL JUL 02 FUEL -COMM. SVCS JUL 02 FUEL -GENERAL TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR PAGE: 3 90.00 90.00 90.00 90.00 90.00 90.00 90.00 90.00 32,346.20 90.00 90.00 90.00 90.00 90.00 90.00 90.00 90.00 90.00 90.00 90.00 .00 34,056.20 34,056.20 200.00 50.00 .00 250.00 250.00 146.00 .00 146.00 146.00 165.89 477.69 156.62 .00 800.20 800.20 DOG DEALERS, INC 0015350-45300-- 13312 CONTRACT CLASS -SUMMER 300.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 300.00 TOTAL DUE VENDOR 300.00 PREPAID DATE CHECK RUN DATE: 08/27/2003 16:17:43 FUND/SECT-ACCP-PROJECT-ACCT MIKE EADS 0015350 -45300 -- FEDERAL EXPRESS 0014090 -42120 -- JESSICA HALL 0015350-45300-- KEILLY HSIEH 001-23002-- ILAHI ENGINEERING 0014070 -46235 -- INLAND EMPIRE LEGAL CENTER 001 -23002 -- INLAND EMPIRE STAGES 0014415 -42325 -- INLAND VALLEY DAILY BULLETIN 0014040-42115-- KAS HOME IMPROVEMENT 1255215-44000-6005D303-44000 AMOUNT PAGE: 4 PREPAID DATE CHECK 1,056.00 .00 1,056.00 1,056.00 134.32 .00 134.32 134.32 334.80 .00 334.80 334.80 50.00 .00 50.00 50.00 394.03 .00 394.03 394.03 50.00 .00 50.00 50.00 345.00 .00 345.00 345.00 78.75 .00 78.75 78.75 950.00 .00 950.00 950.00 CITY OF DIAMOND BAR VOUCHER REGISTER DUE THRU: 08/28/2003 PO # INVOICE DESCRIPTION 13299 CONTRACT CLASS -SUMMER TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR 484274218 EXPRESS MAIL -GENERAL TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR 13294 CONTRACT CLASS -SUMMER TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR 3931 REFUND PK DEP-SYC CYN PK TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR 27251 COMP EQ -SOFTWARE TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR 3938 REFUND PK DEP-PETERSON TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR 11320 . TRANSPRTN-COCA MTG TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR 164621 NOT OF P/HEARING-CMP RPT TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR 13333 08252003 HOME IMP PRG -CROOKED DR TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR AMOUNT PAGE: 4 PREPAID DATE CHECK 1,056.00 .00 1,056.00 1,056.00 134.32 .00 134.32 134.32 334.80 .00 334.80 334.80 50.00 .00 50.00 50.00 394.03 .00 394.03 394.03 50.00 .00 50.00 50.00 345.00 .00 345.00 345.00 78.75 .00 78.75 78.75 950.00 .00 950.00 950.00 RUN DATE: 08/27/2003 16:17:43 FUND/SECT-ACCT-PROJECT-ACCT KENSINGTON DIAMOND BAR LLC 1264411 -4214D -- 1264411 -42210 -- KIDS ART 0015350-4.5300-- KLEINFELDER INC 001 -23012 -- 001 -23012 -- JONATHAN W KRAUS 0015350-45300-- KUSTOM IMPRINTS INCORP 0015350 -41200 -- ANGEL Y KWAN 0015350 -45300 -- LA COUNTY SHERIFF'S DEPT 001 -21114 -- LEAGUE OF CA CITIES 0014010-42325-CC404-42325 0014030-42325-- 0014010-42325-CC204-42325 "XIillan PAGE: 5 PREPAID DATE CHECK 1,225.00 385.00 .00 1,610.00 1,610.00 198.00 .00 198.00 198.00 885.00 270.00 .00 1,155.00 1,155.00 980.40 .00 980.40 980.40 382.12 .00 382.12 382.12 90.00 .00 90.00 90.00 719.04 .00 719.04 719.04 30-00 30.00 30.00 .00 90.00 90.00 CITY OF DIAMOND BAR VOUCHER REGISTER DUE THRU: 08/28/2003 PO # INVOICE DESCRIPTION 13161 SEPT 03 RNTL SHERIFF CTR -SEPT 03 13161 SEPT 03 CAM -SEPT 03 TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR 13291 CONTRACT CLASS -SUMMER TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR 103578 PROF.SVCS-EN 03-366 103578 PROF.SVCS-EN 03-341 TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR 13290 CONTRACT CLASS -SUMMER TOTAL PPEPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR 72608 SUPPLIES -RECREATION TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR 13174 CONTRACT CLASS -SUMMER TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR PP 16-18 SLRY ATTCHMT-SVA022922 TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR LEAGUE MTG-COUNCIL LEAGUE MTG-CMGR LEAGUE MTG-COUNCIL TOTAL PPEPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR "XIillan PAGE: 5 PREPAID DATE CHECK 1,225.00 385.00 .00 1,610.00 1,610.00 198.00 .00 198.00 198.00 885.00 270.00 .00 1,155.00 1,155.00 980.40 .00 980.40 980.40 382.12 .00 382.12 382.12 90.00 .00 90.00 90.00 719.04 .00 719.04 719.04 30-00 30.00 30.00 .00 90.00 90.00 CITY OF DIAMOND BAR RUN DATE: 08/27/2003 16:17:43 VOUCHER REGISTER PAGE: 6 DUE THRU: 08/28/2003 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK CHUNG TAO LEE 001-23010-- REFUND -FPL 2003-04 527.50 TOTAL PREPAIDS .00 TOTAL VOUCHERS 527.50 - TOTAL DUE VENDOR 527.50 LEIGHTON & ASSOCIATES, INC 001-23012-- 15277 PROF.SVCS-EN 03-368 428.30 2505215-46420-13898-46420 15257/P11453 GEOTECH-COMM/SR CENTER 1,105.80 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,534.10 TOTAL DUE VENDOR 1,534.10 LEWIS ENGRAVING INC 0014090-42113-- 13349 11855 ENGRAVING SVCS -BADGES 21.77 TOTAL PREPAIDS .00 TOTAL VOUCHERS 21,77 TOTAL DUE VENDOR 21,77 GLENN LOREZCA 001-23002-- 3935 REFUND PK DEP-HERITAGE 200.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 200.00 TOTAL DUE VENDOR 200.OD LOS ANGELES COUNTY DIST. ATTORNEY 001-21114-- PP 16-18 SLRY ATTCHMT-BD0001469 232.73 001-21114-- PP 16-18 SLRY ATTCHMT-BY0426064 317.73 TOTAL PREPAIDS .00 TOTAL VOUCHERS 550.46 TOTAL DUE VENDOR 550.46 LOS ANGELES COUNTY SHERIFF'S DEPT 1125553-45402-- 60297/60267 TRANSIT TCKT SALE-JUL 03 111.13 0014411-45402-- 60297/60267 CLVRY CHAPEL TRFFC-JUL 03 6,308.99 0014411-45402-- 60297/60267 CONCERTS IN PARK-JUL 03 1,312.02 0014411-45402-- 60297/60267 SCH TRFFC CNTRL-JUL 03 720.88 0014411-45402-- 60297/60267 CONCERTS IN PARK -JULY 4TH 1,577.53 TOTAL PREPAIDS .00 TOTAL VOUCHERS 10,030.55 TOTAL DUE VENDOR 10,030.55 SUSAN MACH 001-34780-- 3896 RECREATION REFUND 54.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 54.00 TOTAL DUE VENDOR 54.00 MANAGED HEALTH NETWORK 001-21115-- SEPT 03 SEPT 03 -EAP PREMIUMS 86.95 TOTAL PREPAIDS .00 TOTAL VOUCHERS 86.95 TOTAL DUE VENDOR 86.95 ' CITY OF DIAMOND BAR RUN DATE: 08/27/2003 16:17:43 VOUCHER REGISTER PAGE: 7 DUE THRU: 08/28/2003 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK RICARDO V MARTIJA 001-23002-- 3939 REFUND PK DEP-HERITAGE 200.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 200..00 TOTAL DUE VENDOR 200.00 MTGL INC 2505215-46420-13899-46420 20051/P13160 SPL INSPECTION -COMM SR/CT 11,308.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 11,308.00 TOTAL DUE VENDOR 11,308.00 NATIONAL ARBOR DAY FOUNDATION 0015350-42315-- MEMBERSHIP DUES -S WEST 15.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 15.00 TOTAL DUE VENDOR 15.00 NEXTEL COMMUNICATIONS 0014090-42130-- AIRTIME CHRGS-P/W,C/S,C/D 399.61 TOTAL PREPAIDS .00 TOTAL VOUCHERS 399.61 TOTAL DUE VENDOR 399.61 PAUL ORNELAS 001-23002-- 3932 REFUND PK DEP-REAGAN 50.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 50.00 TOTAL DUE VENDOR 50.00 PAYROLL TRANSFER 001-1C200-- PP 17/03 PAYROLL TRANSFER -PP 17/03 99,900.00 08/26/2003 PP 17/03 TOTAL PREPAIDS 99,900.00 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 99,900.00 PERS RETIREMENT FUND 001-21109-- PP 18/03 RETIRE CONTRIB-EE 6,004,07 001-21109-- PP 18/03 SURVIVOR BENEFIT 37.20 001-21109-- PP 18/03 RETIRE CONTRIB-ER 4,885.59 TOTAL PREPAIDS .00 TOTAL VOUCHERS 10,926.86 TOTAL DUE VENDOR 10,926.86 FRANCES & EDWARD PINZON 001-23012-- REFUND -EN 01-317 320.15 TOTAL PREPAIDS .00 TOTAL VOUCHERS 320.15 TOTAL DUE VENDOR 320.15 POMONA JUDICIAL DISTRICT 001-32230-- JUL 03 PARKING CITATION FEE-JUL 4,290.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 4,290.00 TOTAL DUE VENDOR 4,290.00 CITY OF DIAMOND BAR RUN DATE: 08/27/2003 16:17:43 VOUCHER REGISTER PAGE: 8 DUE THRU: 08/28/2003 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO q INVOICE DESCRIPTION AMOUNT DATE CHECK POST NET 1264411-42110-- 13334 PRINT SVCS-BUS CARDS 697.68 TOTAL PREPAIDS .00 TOTAL VOUCHERS 697.68 - TOTAL DUE VENDOR 697.66 JOELIANA PRAJITNO 001-34760-- 3903 RECREATION REFUND 185.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 185.00 TOTAL DUE VENDOR 185.00 PRINCE SHANT CORP 0014090-42310-- 898779-JUL03 FUEL-GENERAL 119.52 0015554-42310-- 898779-JUL03 FUEL-ROAD MAINT 324-66 0015230-42310-- 898779-JUL03 FUEL-NEIGHBORHOOD IMP 194.06 TOTAL PREPAIDS .00 TOTAL VOUCHERS 638.24 TOTAL DUE VENDOR 638.24 RALPHS GROCERY COMPANY 0014415-42.325-- 10348077 MTG SUPPLIES-V/PATROL 25.32 TOTAL PREPAIDS .00 TOTAL VOUCHERS 25.32 TOTAL DUE VENDOR 25.32 REINBERGER PRINTWERKS 0014090-42110-- 13251 12944 SUPPLIES-STATIONERY 960.05 TOTAL PREPAIDS .00 TOTAL VOUCHERS 960.05 TOTAL DUE VENDOR 960.05 REXWAY ROOFING 1255215-44000-60050303-44000 13428 HOME IMP PRG-TINTAH 4,500.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 4,500.00 TOTAL DUE VENDOR 4,500.00 S C SIGNS & SUPPLIES LLC 0014090-42210-- 13417 26478 INSTLL-CITY HALL LTRING 490.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 490.00 TOTAL DUE VENDOR- 490.00 SAN DIMAS SWIM AND RACQUET BALL CLB 0015350-42410-- 13167 82103 EXCURSION-DAY CAMP 58.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 58.00 TOTAL DUE VENDOR 58.00 SCHOOL SPECIALTY INC 0015350-41200-- 26156243 SUPPLIES-RECREATION 116.87 TOTAL PREPAIDS .00 TOTAL VOUCHERS 116.87 TOTAL DUE VENDOR 116.87 CITY OF DIAMOND BAR RUN DATE: 08/27/2003 16:17:43 VOUCHER REGISTER PAGE: 9 DUE THRU: 08/28/2003 i PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK AMBROSE E SCOTT 1255215-440OD-60050303-44000 13410 563 HOME IMP PRG-GONZALEZ 2,980.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 2,980.00 _ TOTAL DUE VENDOR 2,980.00 SHEPPARD, MULLIN, RICHTER & HAMPTON 0014020-44021-- 222119719 SPL LEGAL SVCS-LANTERMAN 262.50 TOTAL PREPAIDS .00 TOTAL VOUCHERS 262.50 TOTAL DUE VENDOR 262.50 JERRYL LYNN SHORT 0015350-45300-- 13170 CONTRACT CLASS -SUMMER 1,216.80 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,216.8C TOTAL DUE VENDOR 1,216.80 SIGNAL MAINTENANCE INCORPORATED OC15554-45507-- 13274 51220344 ADDL SGNL MAINT-AUG 03 157.50 0015554-45507-- 13274 S1220179 ADDL SGNL MAINT-AUG 03 1,506..79 0015554-45507-- 13274 51219971 ADDL SGNL MAINT-AUG 03 633.01 OC15554-45507-- 13274 S1219861 ADDL SGNL MAINT-AUG 03 2,377.41 0015554-45507-- 13274 S122035 ADDL SGNL MAINT-AUG 03 1,004.23 TOTAL PREPAIDS .00 TOTAL VOUCHERS 5,676.94 TOTAL DUE VENDOR 5,678.94 SKATE EXPRESS 0015350-4.53.00-- 13157 CONTRACT CLASS -SUMMER 144.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 144.00 TOTAL DUE VENDOR 144.00 SO COAST AIR QUALITY MANAGEMENT DIS 0014090-42140-- 13163 RENTAL -CITY HALL SEPT 03 20,598.90 TOTAL PREPAIDS .00 TOTAL VOUCHERS 20,596.90 TOTAL DUE VENDOR 20,598.90 SCUTHERN CALIFORNIA EDISON 0015510-42126-- ELECT SVCS -GENERAL 67.41 0015510-42126-- ELECT SVCS -GENERAL 52.47 0015510-42126-- ELECT SVCS -GENERAL 44.56 0015510-42126-- ELECT SVCS -GENERAL 22.27 0015510-42126-- ELECT SVCS -GENERAL 75.01 1264411-42126-- ELECT SVCS -SVC CTR 525.92 0015510-42126-- ELECT SVCS -GENERAL 33.41 0015510-42126-- ELECT SVCS -GENERAL 111.57 0015510;42126-- ELECT SVCS -GENERAL 32.89 0015510-42126-- ELECT SVCS -GENERAL 83.32 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,048.83 TOTAL DUE VENDOR 1,048.83 RUN DATE: 08/27/2003 16:17:43 FUND/SECT-ACCT-PROJECT-ACCT SOUTHLAND SPORTS OFFICIALS 0015350 -45300 -- STANDARD INSURANCE OF OREGON 001 -21112 -- 001 -21106 -- 001 -21106 -- SUBWAY 0014090-42325-- 0014090-42325-- SUNGARD PENTAMATION INC 0014050 -44030 -- SURF CONTROL INC 0105355 -46235 -- THE LORDS PLACE 001-23002-- TOUCHLIFE TOUCHLIFE 001-23002-- CANDICE TRANA 001 -34740 -- CITY OF DIAMOND BAR VOUCHER REGISTER DUE THRU: 08/28/2003 PO k INVOICE DESCRIPTION 13201 OFFICIALS SVCS -8/5-8/19 TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR PP 16-18 SEPT 03-STD/LTD PP 16-18 SEPT 03-SUPP LIFE INS PRM PP 16-18 SEPT 03 -LIFE INS PREMS TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR 13328 8/19/03 MTG SUPPLIES -COUNCIL 13328 8/18/03 MTG SUPPLIES -C3 8/18 TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR 0803-1259 DATA LINE CHRGS-JUL 03 TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR 0140875 -IN COMP SOFTWARE -UPGRADE TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR 3933 REFUND PK DEP-HERITAGE TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR 3934 REFUND PK DEP-HERITAGE TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR 2918 RECREATION REFUND TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR PAGE: 10 PREPAID AMOUNT DATE CHECK 1,460.50 .00 1,460.50 1,460.50 1,105.44 148.60 623.50 .00 1,877.54 1,877.54 14.37 7.29 .00 21.66 21.66 7.56 .00 7.56 7.56 433.00 .00 433.00 433.00 50.00 .00 50.00 50.00 200.00 .00 200.00 200.00 48.00 .00 48.00 48.00 CITY COUNCIL TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager Agenda # 6_6 Meeting Date: September 2, 2003 AGENDA REPORT TITLE: Rejection of Claim — Filed by the Walnut Valley Unified School District RECOMMENDATION: Carl Warren & Co., the City's claims administrator, recommends the City Council reject the claim filed by the Walnut Valley Unified School District FINANCIAL IMPACT: There is no financial implication associated with rejecting this claim. The claim for damage is for an undetermined amount. BACKGROUND: On May 17, 2002 a minor was injured when hewas struckby a car ashe tried to cross Brea Canyon Road near Diamond Bar High School. The parent/guar than ofthe minor subsequently filed a claim for damages against the City. On November 19, 2002, the City rejected the claim for damages. On June 16, 2003, the City received notification that the minor, through his guardian, filed a lawsuit against the City. Walnut Valley Un ified School District was also named as a defendant in the lawsuit. After being named as a defendant in the lawsuit, Walnut Valley Unified School District filed a claim for damages with the City seeking indemnification and the amount of any judgment that may be rendered against the District by the plaintiff. As with all claims against the City, this claim was reviewed by the City's third -party claims administrator. After review, the claims administrator is recommending the City reject the claim for damages REVIEWED BY: Deputy City Manager City of Diamond Bar GENERAL PLAN ANNUAL REPORT Period beginning January 1, 2002 and ending December 31, 2002 INTRODUCTION On July 25, 1995, the City Council adopted the City of Diamond Bar's General Plan. A General Plan is a State mandated document that a city uses to plan the framework for its future physical, social and economic development. A General Plan is considered a long-term document that steers development within a community for 15 to 20 years. By projecting conditions and needs into the future, the General Plan establishes a basis for evaluating current policy and providing insight on future policy. The City of Diamond Bar General Plan consists of six elements as identified below: Land Use Public Health and Safety Housing Circulation Resource Management Public Services and Facilities The following information provides the implementation status of each General Plan element. Land Use Element Since the adoption of the Land Use Element, development in Diamond Bar has occurred pursuant to the goals, objectives and policies of the General Plan. Diamond Bar is primarily a residential community. Single-family detached units represent a majority of the City's housing stock; however, multi -family housing exists along Diamond Bar Boulevard, south of Grand Avenue and on Golden Springs Drive, north of Diamond Bar Boulevard. No single-family residential or multi -family subdivisions were approved in the year 2002. However, construction permits were issued for 73 new single-family residences in the year 2002, At the adoption of the General Plan, the existing commercial/industrial square footage was estimated at 5,865,000 square feet. Since the General Plan's adoption approximately, 538,000 square feet of commercial development has been constructed. In 2002, the City approved a two-story building in the Industrial zone of approximately 36,200 square feet currently under construction and a two-story office building of approximately 25,000 square feet within Gateway Corporate Center. The City has also approved several new retail businesses in 2002. These projects advance General Plan Objective 1.3 that states, "Designate adequate land for retail and service commercial, professional services, and other revenue generating uses insufficient quantity to meet the City's needs". These projects also advance General Plan Objective 2.1 and 3.2, which relate to promoting land use patterns and intensities that are consistent with the Resource Management and Circulation Elements and the yielding of a pleasant working environment that attracts the interest of residents, worker, shoppers, and visitors as a result of exemplary design. The design of six medians was approved in 2002. These medians are located at Diamond Bar Boulevard/Temple Avenue, Diamond Bar Boulevard between Maple Hill Road/Mountain Laurel Way, Pathfinder Road/Evergreen Springs Drive, Brea Canyon Road/ Gerndal Street, Golden Springs Drive/Adel Avenue and the northerly segment of Grand Avenue. Construction of these medians will take place in 2003. The installation of new residential street signs with City logo/identification began in 2002. These projects implement General Plan Objective 3.1 and related strategies which encourage the creation of visual points of interest as a means of highlighting community identity. It also encourage the addition of landscaping to medians as an aesthetic feature for the community. The construction of a community/senior center is now underway. This facility will be approximately 22,500 square feet and will be located in Summitridge Park. The facility will provide a dedicated citizen/senior center and a banquet room that will accommodate 500 for dining. The banquet room will have a stage area with video and audio capabilities. Also, there will be specialized rooms available for youth recreational programs. A walking path will be constructed that connects with several trails. The community/senior center implements General Plan Objective 1.4 and its strategies which relate to the designation of adequate land for educational, cultural, recreational and public service activities that meet the needs of Diamond Bar residents. Housing Element The purpose of the Housing Element is to identify and make provisions for existing and projected housing needs. Based on the strategies within the Housing Element several programs have been implemented. In partnership with Los Angeles County, Diamond Bar continues to offer a first time homebuyers program and Mortgage Credit Certificates. Diamond Bar continues to distribute information regarding the activities of the City in order to assist the Long Beach Fair Housing Council in the resolution of housing discrimination cases. Assistance in the rehabilitation of homes occurs in conjunction with the Diamond Bar Improvement Association (DBIA — "Paint -the Town" program) and Community Development Block Grant (CDBG) funds. In 2002, the City initiated a Home Improvement Program using CDBG funds to assist low/moderate income owners, (owner occupied property) with rehabilitation. This program implements General Plan Objectives 3.1 and 3.2 and related strategies. These objectives relate to maintaining and encouraging the improvement of the quality and integrity of exiting residential neighborhoods by ensuring on going maintenance and rehabilitation of housing units. Also to implement Objective 3.2, information regarding this program is on the City's web site. The City continues to enforce its Property Maintenance Ordinance, thereby maintaining the quality of existing neighborhoods. The City implements a proactive Neighborhood Improvement Program by conducting neighborhood inspections on a regular basis and notifying property owners of code violations which are subject to a citation if not addressed. As part of this program, the neighborhood improvement officers refer property owners to the above mentioned programs. The enforcement and assistance also implements General Plan Objective 3.1. Resource Management Element Issues related to open space and conservation overlap in Diamond Bar. As a result, the City combined its Open Space Element and Conservation Element into one Resource Management Element. The Resource Management Element addresses open space, visual resources, biological resources, and parks and recreation. Additionally, this element establishes strategies for effectively managing local and natural resources in order to prevent waste, destruction, or neglect. To further Objectives 1.3 of this element and related strategies, the City adopted the Recreational Trails and Bicycle Route Master Plan on May 1, 2001. In 2002, the City designed a trail and head trail for Sycamore Canyon Park that will be constructed in 2003. The City has also designed two picnic shelters for Pantera Park that will be constructed in 2003. In continuing to implement this objective with strategies that encourage improving and enhancing existing recreational areas, the City has designed the ADA retrofit for Starshine Park that will be constructed at a later date. Additionally, the community/senior center also implements Objective 1.3 by providing another recreational facility that will be available as an active recreational area in the City. To implement General Plan Objective 2.2 related to efficient use of energy by minimizing the consumption of energy resources, the City has installed motion detectors in restroom buildings, timers on HVAC systems and photo cells on security lights in City park facilities. Wherever feasible, the City continues to encourage new development to utilize reclaimed water and the established Water Efficiency Landscape Standards. City medians continue to utilize reclaimed water, thereby implementing Objective 2.1. Ordinance and Building and Safety Division requirements. Energy conservation is continually encouraged through the City's Subdivision To implement Objective 2.5 and related strategies, Diamond Bar continues to implement its mandatory Source Reduction and Recycling Element with programs that exceed industry standards for residential, commercial and industrial generated waste.. The City continues to implement a residential curbside waste program for recycling materials and green waste as well as continuing curbside pickup of used oil. In 2002, fifty-three percent of the waste collected in the City was recycled. The City continues to provide a Hazardous Waste Management Program. This year the City received an award, "Best New Program", from CAL -EPA Household Hazardous Waste/Used Oil Program To continue implementing General Plan Objective 2.5 and related strategies, the City continues composting approximately ninety-three percent of its collected street sweeping debris as a means to help meet the AB 939 diversion mandate. The City now has a program that requires the removal of motor vehicles from the streets on street sweeping days. This program was introduced so that the City will be more compliant with the NPDES requirements, Trees are an important natural resource contributing to the environment by replenishing oxygen and counteracting pollution. Trees abate noise, reduce soil erosion and runoff and protect against the risk of flood hazards and landslides. Trees are an aesthetic asset that enhances the visual environment. They provide color, aroma, shade and visual buffers between land uses, and increase property values. In the year 2002, the City of Diamond Bar was again named "Tree City USA", thereby implementing Objective 1.1. To continue implementing this General Plan Objective, the City offers a street tree planting program free of charge to residents who do not have a tree in front of their home in the public right-of-way. The City will provide 100-200 trees each year. Public Health and Sa Wy Element The Public Health and Safety Element contains provisions that relate to the protection of life, health, and property from natural hazards and man-made hazards. It identifies areas where public and private decisions on land use need to be sensitive to hazardous conditions caused by slope instability, seismic activity, flood, fire, and wind. To implement Objectives 1.1 and 1.2, the City in conjunction with the Uniform Building Code continues to mandate site-specific geotechnical investigations to determine appropriate design parameters for the construction of public and private facilities in order to minimize the effects of geologic and seismic hazard on development. Drainage studies are required to ensure that proposed development will be adequately protected, and the development proposal will not create new downstream flood hazards. To implement Objective 1.5 and related strategies which deal with minimizing the risk and fear of crime and create a level of public awareness and support for crime 4 prevention, the City and the Los Angeles County Sheriff Department continue to operate a service center outpost within a commercial shopping center with operating hours of Monday through Friday from 9:00 a.m. to 5:00 p.m. The Los Angeles County Sheriff Department also continues to maintain several offices within City Hall, thereby allowing deputies to be more readily available to the citizens of Diamond Bar and to administer services and special programs to our community more efficiently. In 2002, the City Council adopted a resolution approving the Diamond Bar Public Safety Program. The purpose of this program is to educate the community on the City's public safety efforts. This program outlines the partnership between the City, Los Angeles County Sheriff Department, Inland Valley Humane Society and member of our community that will document the public safety efforts of the City and give all residents a defined set of resources, goals and objectives for law enforcement services in Diamond Bar. It emphasizes long-term solutions to problems affecting the community, while addressing urgent needs. This program will also assist in implementing General Plan Objective 1.5 and related strategies. The implementation of the City's Emergency Operations Center and EOC program took place in 2002. This program carries out General Plan Objective 1.7 and related strategies for effective emergency preparedness and response programs. Circulation Element The Circulation Element defines the transportation needs of the City and presents a comprehensive transportation plan to accommodate those needs. The focus of this element is the identification and evaluation of local circulation needs, balancing those needs with regional demands and mandates. The City continues to sell monthly MTA and Metro link passes and Foothill Transit Zone 31 day passes. The City also continues to offer its Diamond Ride program to senior and disabled residences. These programs assist the City in the implementation of General Plan Objective 2.1 that relates to maximizing the use of alternative transportation modes within and through the City in order to reduce the reliance on single -passenger automobiles. In 2002, the City approved a two-story building in the Industrial zone of approximately 36,200 that is currently under construction. A condition of approval for this project incorporates a reduction in parking in exchange for transportation demand management programs, thereby implementing General Plan Objective 4.1 and related strategies. Diamond Bar implements Objective 1.1 and related strategies by continuing to participate in local and regional transportation planning and decision making by implementing the guidelines of the Los Angeles County Congestion Management Plan and participating in the Four Corners Transportation Study and Alameda Corridor -East (ACE) Construction of Authority Project. The City also participates in Pomona Valley ITS Program, an ongoing study for regional traffic management on regionally significant arterial streets. Furthermore, the City has been working with neighboring communities and CalTrans for the construction of a new bridge to link HOV lanes between the Orange Freeway and the Pomona Freeway in Diamond Bar. This project also includes the realigning of Grand Avenue on-ramp to westbound Route 60 to extend Brea Canyon Road, constructing a new collector road adjacent to westbound Route 60 and adding an auxiliary lane to Grand Avenue off -ramp from eastbound Route 60. Construction for this project will begin in 2003. Through the Capital Improvement Program (CIP), the City continues to make improvements to its system of streets, thereby implementing Objectives 1.2, 1.3 and 3.1 and related strategies. Sidewalks, retaining walls and drive approaches were installed at Grand Avenue, Golden Springs Drive and Propectors Road. Additionally in the year 2002, slurry sealing for residential neighborhoods was completed in Area 4, which is one of the five residential areas that are slurry sealed on a rotation basis. New traffic signals were installed at Diamond Bar Boulevard/Silver Hawk Drive, Diamond Bar Boulevard/ Clear Creek Canyon Drive, 57 Freeway northbound on-ramp and Golden Springs Drive/Sylvan Glen Road. To provide additional traffic safety, stop signs were added to the following intersections: Leyland Drive/Wynnwood Drive; Leyland Drive/Newberry Way; Highland Valley Road/Overlook Ridge Road; Sunset Crossing Road/Prospectors Road; Cliffbranch Drive/Round Tree Circle; and Gold Rush Drive/ Chandelle Place. In 2002, the City began a citywide Traffic Signalization Timing Plan to reduce traffic delays and implement the free flow of traffic. In 2002, the City implemented striping modifications to Diamond Bar Boulevard at Gold Rush Drive to improve safety and efficiency of the left turn movement traffic flow. Left turn traffic signals have also been incorporated into intersections at Golden Springs Drive/Temple Avenue/Avenida Rancheros as part of Los Angeles County signal synchronization project. The City installed speed humps in a pilot project area (Navajo Springs Road/Decorah Road between Sunset Crossing Road and Platina Road) to investigate the effectiveness of speed humps in reducing speed levels in residential neighborhoods. The City also completed a $2,000,000.00 traffic flow improvement project on Brea Canyon Road/Pathfinder Road and south to the City limits. The Traffic Safety Program adopted December 2001 continues in 2002. It provides the City with a means by which to judge the effectiveness of traffic related programs in three areas of concern: Traffic issues involving major roadways; residential traffic issues; and traffic issues related to schools. The program will also develop and market information to all residents concerning driver safety and other traffic related items. This program implements Objective 1.2. 0 Public Services and Facilities Element The Public Services and Facilities Element deals with the long-term provision of municipal services and facilities, and what types of facilities are needed to support those services. This element focuses on identifying City facilities and services needed to sustain the community's quality of life; long-range planning to fund City services and buildings; and coordinating and cooperating with various local agencies to provide those services not provided by the City. The construction of the new community/senior center implements General Plan Objective 1.4 and 1.5. These objectives relate to pursuing a multi -use community center, providing opportunities for the community without regard to age, occupation, income, race, interests and religion to interact and exchange ideas and establish common goals. Diamond Bar maintains a public information program to inform residents of community events. The City continues to maintain community bulletin boards at major locations throughout the City, a web site and Info -To -Go that are constantly updated, City News and City of Diamond Bar Community Recreation Guide. In the year 2002, the City newsletter went from bi-monthly to monthly, accessible on line and through mail. In 2002, the City enhanced DBTV (channel 17), thereby offering more information to the public. In 2002, the City established a new web site that now offers the Municipal Code as well as other additional information. The City has established a Customer Request Management System that will make requests for service and communications to customers more convenient. This system will be implemented in 2003. The City also purchased an information kiosk for the City Hall lobby to be installed in 2003. This year, a crime prevention/information television show identified as "Cop Talk" was launched. The public information services provided by the City implement Objective 1.5 and related strategies. Conc_ lusion For the City of Diamond Bar, the General Plan continues to direct all land use decisions and remains an effective guide for future development. This year several Development Code Amendments were adopted to ensure further implementation of the General Plan. The City continues to pursue economic development to increase city revenues, address traffic related issues and preserve open space. The City looks forward to the completion of the community/senior center building. The City continues to create a community environment that nurtures social, cultural, religious, educational and recreational opportunities for it citizens. 7 CITY COUNCIL TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager TITLE: General Plan Annual Report RECOMMENDATION: Agenda # __6.7______ Meeting Date: September_f, 2003 AGENDA REPORT Approve report and direct staff to forward copies to the State Office of Planning and Research and State Department of Housing and Community Development. BACKGROUND: State law requires each city to prepare and adopt a comprehensive, long-term General Plan for the physical development of the city and any land outside its boundaries, which bears relation to its planning. The City of Diamond Bar adopted its General Plan on July 25, 1995 and since that time has amended the Plan as required. The General Plan contains all seven mandatory elements as required by State law and is guided by a six -part "Vision Statement'. The General Plan is a policy document comprised of approximately 360 goals, objectives, and strategies for implementation. Each year, pursuant to Government Code Section 65400 (b), the City shall prepare an annual report for presentation to the City Council, the Governor's Office of Planning and Research, and the State Department of Housing and Community Development regarding the status of the General Plan. The annual report shall include the progress attained toward implementation of the General Plan; meeting the City's share of regional housing needs pursuant to Government Code Section 65584; and our efforts to remove governmental constraints, which may influence the maintenance, improvement and development of housing pursuant to State Law. The attached report outlines the General Plan implementation progress for the period of January 1, 2002 to December 31, 2002. The General Plan Annual Report was reviewed and approved by the Planning Commission on August 12, 2003. Pursuant to the requirements of the Government Code the Report is presented to the City Council for approval. Prepared By: Ann J. Lungu, Associate Planner and James DeStefano, Deputy City Manager Attachment — General Plan Annual Report City of Diamond Bar GENERAL PLAN ANNUAL REPORT Period beginning January 1, 2002 and ending December 31, 2002 W71010JAMIFf"11001 On July 25, 1995, the City Council adopted the City of Diamond Bar's General Plan. A General Plan is a State mandated document that a city uses to plan the framework for its future physical, social and economic developmen t. A General Plan is considered a long-term document that steers development within a community for 15 to 20 years. By projecting conditions and needs into the future, the General Plan establishes a basis for evaluating current policy and providing insight on future policy. The City of Diamond Bar General Plan consists of six elements as identified below: Land Use Public Health and Safety Housing Circulation Resource Management Public Services and Facilities The following information provides the implementation status of each General Plan element. Land Use Element Since the adoption of the Land Use Element, development in Diamond Bar has occurred pursuant to the goals, objectives and policies of the General Plan. Diamond Bar is primarily a residential community. Single-family detached units represent a majority of the City's housing stock; however, multi -family housing exists along Diamond Bar Boulevard, south of Grand Avenue and on Golden Springs Drive, north of Diamond Bar Boulevard. No single-family residential or multi -family subdivisions were approved in the year 2002. However, construction permits were issued for 73 new single-family residences in the year 2002. At the adoption of the General Plan, the existing commercial/industrial square footage was estimated at 5,865,000 square feet. Since the General Plan's adoption approximately, 538,000 square feet of commercial development has been constructed. In 2002, the City approved a two-story building in the Industrial zone of approximately 36,200 square feet currently under construction and a two-story office building of approximately 25,000 square feet within Gateway Corporate Center. The City has also approved several new retail businesses in 2002. These projects advance General Plan Objective 1.3 that states, "Designate adequate land for retail and service commercial, professional services, and other revenue generating uses insufficient quantity to meet the City's needs". These projects also advance General Plan Objective 2.1 and 3.2, which relate to promoting land use patterns and intensities that are consistent with the Resource Management and Circulation Elements and the yielding of a pleasant working environment that attracts the interest of residents, worker, shoppers, and visitors as a result of exemplary design. The design of six medians was approved in 2002. These medians are located at Diamond Bar Boulevard/Temple Avenue, Diamond Bar Boulevard between Maple Hill Road/Mountain Laurel Way, Pathfinder Road/ Evergreen Springs Drive, Brea Canyon Road/ Gemdal Street, Golden Springs Drive/Adel Avenue and the northerly segment of Grand Avenue. Construction of these medians will take place in 2003. The installation of new residential street signs with City logo/ident ification began in 2002. These projects implement General Plan Objective 3.1 and related strategies which encourage the creation of visual points of interest as a means of highlighting community identity. It also encourage the addition of landscaping to medians as an aesthetic feature for the community. The construction of a community/senior center is now underway. This facility will be approximately 22,500 square feet and will be located in Summitridge Park. The facility will provide a dedicated citizen/senior center and a banquet room that will accommodate 500 for dining. The banquet room will have a stage area with video and audio capabilities. Also, there will be specialized rooms available for youth recreational programs. Awalking path will be constructed that connects with several trails. The community/senior center implements General Plan Objective 1.4 and its strategies which relate to the designation of adequate land for educational, cultural, recreational and public service activities that meet the needs of Diamond Bar residents. Housing Element The purpose ofthe Housing Element isto identify and make provisions for existing and projected housing needs. Based on the strategies within the Housing Element several programs have been implemented. In partnership with Los Angeles County, Diamond Bar continues to offer a first time homebuyer s program and Mortgage Credit Certificates. Diamond Bar continues to distribute information regarding the activities of the City in order to assist the Long Beach Fair Housing Council in the resolution of housing discrimination cases. Assistance in the rehabilitation of homes occurs in conjunction with the Diamond Bar Improvement Association (DBIA— "Paint -the Town" program) and Community Development Block Grant (CDBG) funds. In 2002, the City initiated a Home Improvement Program using CDBG funds to assist low/moderate income owners, (owner occupied property) with rehabilitation. This program implements General Plan Objectives 3.1 and 3.2 and related strategies. These objectives relate to maintaining and encouraging the improvement of the quality and integrity of exiting residential neighborhoods by ensuring on going maintenance and rehabilitation of housing units. Also to implement Objective 3.2, information regarding this program is on the City's web site. The City continues to enforce its Property Maintenance Ordinanc e, thereby maintaining the quality of existing neighbor hoods. The City implements a proactive Neighborhood Improvement Program by conducting neighborhood inspections on a regular basis and notifying property owners of code violations which are subject to a citation if not addressed. As part of this program, the neighborhood improvement officers refer property owners to the above mentioned programs. The enforcement and assistance also implements General Plan Objective 3.1. Resource Management Element Issues related to open space and conservation overlap in Diamond Bar. As a result, the City combined its Open Space Element and Conservation Element into one Resource Management Element. The Resource Management Element addresses open space, visual resources, biological resources, and parks and recreation. Additionally, this element establishes strategies for effectively managing local and natural resources in order to prevent waste, destruction, orneglect. To further Objectives 1.3 of this element and related strategies, the City adopted the Recreational Trails and Bicycle Route Master Plan on May 1, 2001. In 2002, the City designed a trail and head trail for Sycamore Canyon Park that will be constructed in 2003. The City has also designed two picnic shelters for Pantera Park that will be constructed in 2003. In continuing to implement this objectivewith strategies that encourage improving and enhancing existing recreational areas, the City has designed the ADA retrofit for Starshine Park that will be constructed at a later date. Additionally, the community/sen for center also implements Objective 1.3 byproviding another recreational facility that will be available asar active recreational area in the City. To implement General Plan Objective 2.2 related to efficient use of energy by minimizing the consumption of energy resources, the City has installed motion detectors in restroom buildings, timers on HVAC systems and photo cells on security lights in City park facilities. Wherever feasible, the City continues to encourage new development to utilize reclaimed water and the established Water Efficiency Landsca pe Standards. City medians continue to utilize reclaimed water, thereby implementing Objective 2.1. Energy conservation is continually encouraged through the City's Subdivision Ordinance and Building and Safety Division requirements. To implement Objective 2.5 and related strategies, Diamond Bar continues to implement its mandatory Source Reduction and Recycling Element with programs that exceed industry standards for residential, commercial and industrial generated waste.. The City continues to implement a residential curbside waste program for recycling materials and green waste as well as continuing curbside pickup of used oil. In 2002, fifty-three percent of the waste collected in the City was recycled. The City continues to provide a Hazardous Waste Management Program. This year the City received an award, "Best New Program", from CAL -EPA Household Hazardous Waste/Used Oil Program To continue implementing General Plan Objective 2.5 and related strategies, the City continues composting approximatel y ninety-three percent of its collected street sweeping debris as a means to help meet the AB 939 diversion mandate. The City now has a program that requires the removal of mo for vehicles from the streets on street sweeping days. This program was introduced so that the City will be more compliant with the NPDES requirements, Trees are an important natural resource contributing to the environment by replenishing oxygen and counteracting pollution. Trees abate noise, reduce soil erosion and runoff and protect against the risk of flood hazards and landslides. Trees are an aesthetic asset that enhances the visual environment. They provide color, aroma, shade and visual buffers between land uses, and increase proper ty values. In the year 2002, the City of Diamond Bar was again named "Tree City USA", thereby implementing Objective 1.1. To continue implementing this General Plan Objective, the City offers a street tree planting program free of charge to residents who do not have a tree in front of their home in the public right-of-way. The City will provide 100-200 trees each year. Public Health and Safety Element The Public Health and Safety Element contains provisions that relate to the protection of life, health, and property from natural hazards and man-made hazards . It identifies areas where public and private decisions on land use need to be sensitive to hazardous conditions caused by slope instability, seismic activity, flood, fire, and wind. To implement Objectives 1.1 and 1.2, the City in conjunction with the Uniform Building Code continues to mandate site-specific geotechnica I investigations to determine appropriate design parameters for the construction of public and private facilities in order to minimize the effects of geologic and seismic hazard on development. Drainage studies are required to ensure that proposed development will bea dequately protected, and the development proposal will not create new downstream flood hazards. To implement Objective 1.5 and related strategies which deal with minimizing the risk and fear of crime and create a level of public awareness and supp ort for crime prevention, the City and the Los Angeles County Sheriff Department continue to operate a service center outpost within a commercial shopping center with operating hours of Monday through Friday from 9:00 a.m. to 5:00 p.m. The Los Angeles County Sheriff Department also continues to maintain several offices within City Hall, thereby allowing deputies to be more readily available to the citizens of Diamond Bar and to administer services and special programs to our community more efficiently. In 2002, the City Council adopted a resolution approving the Diamond Bar Public Safety Program. The purpose of this program is to educate the community on the City's public safety efforts. This program outlines the partnership between the City, Los Angeles County Sheriff Department, Inland Valley Humane Society and member of our community that will document the public safety efforts of the City and give all residents a defined set of resources, goals and objectives for law enforcement services in Diamond Bar. It emphasizes long-term solutions to problems affecting the community, while addressing urgent needs. This program will also assist in implementing General Plan Objective 1.5 and related stra teg i es. The implementation of the City's Emergency Operations Center and EOC program took place in 2002. This program carries out General Plan Objective 1.7 and related strategies for effective emergency preparedness and response programs. Circulation Element The Circulation Element defines the transportation needs of the City and presents a comprehensive transportation plan to accommodat a those needs. The focus of this element is the identification and evaluation of local circulation needs, balancing those needs with regional demands and mandates. The City continues to sell monthly MTA and Metro link passes and Foothill Transit Zone 31 day passes. The City also continues to offer its Diamond Ride program to senior and disabled residences. These programs assist the City in the implementation of General Plan Objective 2.1 that relates to maximizing the use of alternative transportation modes within and through the City in order to reduce the reliance on single -passenger automobiles. In 2002, the City approved a two- story building in the Industria I zone of approximately 36,200 that is currently under construction. A condition of approval for this project incorporates a reduction in parking in exchange for transportation demand management programs, thereby implementing General Plan Objective 4.1 and related strategies. Diamond Bar implements Objective 1.1 and related strategies by continuing to participate in local and regional transportation planning and decision making by implementing the guidelines of the Los Angeles County Congestion Management Plan and participating in the Four Corners Transportation Study and Alameda Corridor -East (ACE) Construction of Authority Project. The City also participates in Pomona Valley ITS Program, an ongoing study for regional traffic management on regionally significant arterial streets. Furthermore, the City has been working with neighboring communities and CalTrans for the construction of a new bridge to link HOV lanes between the Orange Freeway and the Pomona Freeway in Diamond Bar. This project also includes the realigning of Grand Avenue on-ramp to westbound Route 60 to extend Brea Canyon Road, constructing a new collector road adjacent to westbound Route 60 and adding an aux iliary lane to Grand Avenue off -ramp from eastbound Route 60. Construction for this project will begin in 2003. Through the Capital Improvement Program (CIP), the City continues to make improvements to its system of streets, thereby implementing Objectives 1.2, 1.3 and 3.1 and related strategies. Sidewalks, retaining walls and drive approaches were installed at Grand Avenue, Golden Springs Drive and Propectors Road. Additionally in the year 2002, slurry sealing for residential neighborhoods was completed in Area 4, which is one of the five residential areas that are slurry sealed on a rotation basis. New traffic signals were installed at Diamond Bar Boulevard/Silver Hawk Drive, Diamond Bar Boulevard/ Clear Creek Canyon Drive, 57 Freeway northbound on-ramp and Golden Springs Drive/Sylvan Glen Road. To provide additional traffic safety, stop signs were added to the following intersections: Leyland Drive/Wynnwood Drive; Leyland Drive/Newberry Way; Highland Valley Road/Overlook Ridge Road; Sunset Crossing Road/Prospectors Road; Cliffbranch Drive/Round Tree Circle; and Gold Rush Drive/ Chandelle Place. In 2002, the City began a citywide Traffic Signalization Timing Plan to reduce traffic delays and implement the free flow of traffic. In 2002, the City implemented striping modifications to Diamond Bar Boulevard at Gold Rush Drive to improve safety and efficiency of the left turn movement traffic flow. Left tum traffic signals have also been incorporated into intersections at Golden Springs Drive/Temple Avenue/Avenida Rancheros as part of Los Angeles County signal synchronization project. The City installed speed humps in a pilot project area (Navajo Springs Road/Decorah Road between Sunset Crossing Road and Platina Road) to investigate the effectiveness of speed humps in reducing speed levels in residential neighborhoods. The City also completed a $2,000,000.00 traffic flowimprovement project on Brea Canyon Road/Pathfinder Road and south to the City limits. The Traffic Safety Program adopted December 2001 continues in 2002. Itprovides the City with a means by which to judge the effectiveness of traffic related progra ms in three areas of concern: Traffic issues involving major roadways; residential traffic issues; and traffic issues related to schools. The program will also develop and market information to all residents concerning driver safety and other traffic related items. This program implements Objective 1.2. Public Services and Facilities Element The Public Services and Facilities Element deal s with the long-term provision of municipal services and facilities, and what types of facilities are needed to support those services. This element focuses on identifying City facilities and services needed to sustain the community's quality of life; long-range planning to fund City services and buildings; and coordinating and cooperating with various local agencies to providethose services not provided bythe City. The construction ofthe new community/senior center implements General Plan Objective 1.4 and 1.5. These objectives relate to pursuing a multi -use community center, providing opportunities for the community without regard to age, occupation, income, race, interests and religion to interact and exchange ideas and establish common goals. Diamond Bar maintains a public information program to inform residents of community events. The City continues to maintain community bulletin boards at major locations throughout the City, a web site and Info -To -Go that are constantly updated, City News and City of Diamond Bar Community Recreation Guide. In the year 2002, the City newsletter went from bi-monthly to monthly, accessible on line and through mail. In 2002, the City enhanced DBTV (channel 17), thereby offering more information to the public. In 2002, the City established a new web site that now offers the Municipal Code as well as other additional information. The City has established a Customer Request Management System that will make requests for service and communications to customers more convenient. This system will be implemented in 2003. The City also purchased an information kiosk for the City Hall lobby to be installed in 2003. This year, a crime prevention/informa tion television show identified as "Cop Talk" was launched. The public information services provided by the City implement Objective 1.5 and related strategies. Conclusion For the City of Diamond Bar, the General Plan continues to direct all land use decisions and remains an effective guide for future develop ment. This year several Development Code Amendments were adopted to ensure further implementation of the General Plan. The City continues to pursue economic development to increase city revenues, address traffic related issues and preserve open space. The City looks forward to the completion of the community/senior center building. The City continues to create a community environment that nurtures social, cultural, religious, educational and recreational opportunities for it citizens. City of Diamond Bar GENERAL PLAN ANNUAL REPORT Period beginning January 1, 2002 and ending December 31, 2002 INTRODUCTION On July 25, 1995, the City Council adopted the City of Diamond Bar's General Plan. A General Plan is a State mandated document that a city uses to plan the framework for its future physical, social and economic development. A General Plan is considered a long-term document that steers development within a community for 15 to 20 years. By projecting conditions and needs into the future, the General Plan establishes a basis for evaluating current policy and providing insight on future policy. The City of Diamond Bar General Plan consists of six elements as identified below: Land Use Public Health and Safety Housing Circulation Resource Management Public Services and Facilities The following information provides the implementation status of each General Plan element.. Land Use Element Since the adoption of the Land Use Element, development in Diamond Bar has occurred pursuant to the goals, objectives and policies of the General Plan. Diamond Bar is primarily a residential community. Single-family detached units represent a majority of the City's housing stock; however, multi -family housing exists along Diamond Bar Boulevard, south of Grand Avenue and on Golden Springs Drive, north of Diamond Bar Boulevard. No single-family residential or multi -family subdivisions were approved in the year 2002. However, construction permits were issued for 73 new single-family residences in the year 2002. At the adoption of the General Plan, the existing commercial/industrial square footage was estimated at 5,865,000 square feet. Since the General Plan's adoption approximately, 538,000 square feet of commercial development has been constructed. In 2002, the City approved a two-story building in the Industrial zone of approximately 36,200 square feet currently under construction and a two-story office building of approximately 25,000 square feet within Gateway Corporate Center. The City has also approved several new retail businesses in 2002. These projects advance General Plan Objective 1.3 that states, "Designate adequate land for retail and service commercial, professional services, and other revenue generating uses insufficient quantity to meet the City's needs". These projects also advance General Plan Objective 2.1 and 3.2, which relate to promoting land use patterns and intensities that are consistent with the Resource Management and Circulation Elements and the yielding of a pleasant working environment that attracts the interest of residents, worker, shoppers, and visitors as a result of exemplary design. The design of six medians was approved in 2002. These medians are located at Diamond Bar Boulevard/Temple Avenue, Diamond Bar Boulevard between Maple Hill Road/Mountain Laurel Way, Pathfinder Road/Evergreen Springs Drive, Brea Canyon Road/ Gerndal Street, Golden Springs Drive/Adel Avenue and the northerly segment of Grand Avenue. Construction of these medians will take place in 2003. The installation of new residential street signs with City logo/identification began in 2002. These projects implement General Plan Objective 3.1 and related strategies which encourage the creation of visual points of interest as a means of highlighting community identity. It also encourage the addition of landscaping to medians as an aesthetic feature for the community. The construction of a community/senior center is now underway. This facility will be approximately 22,500 square feet and will be located in Summitridge Park. The facility will provide a dedicated citizen/senior center and a banquet room that will accommodate 500 for dining. The banquet room will have a stage area with video and audio capabilities. Also, there will be specialized rooms available for youth recreational programs. A walking path will be constructed that connects with several trails. The community/senior center implements General Plan Objective 1.4 and its strategies which relate to the designation of adequate land for educational, cultural, recreational and public service activities that meet the needs of Diamond Bar residents. Housing Element The purpose of the Housing Element is to identify and make provisions for existing and projected housing needs. Based on the strategies within the Housing Element several programs have been implemented. In partnership with Los Angeles County, Diamond Bar continues to offer a first time homebuyers program and Mortgage Credit Certificates. Diamond Bar continues to distribute information regarding the activities of the City in order to assist the Long Beach Fair Housing Council in the resolution of housing discrimination cases. Assistance in the rehabilitation of homes occurs in conjunction with the Diamond Bar Improvement Association (DBIA — "Paint -the Town" program) and Community Development Block Grant (CDBG) funds. In 2002, the City initiated a Home Improvement Program using CDBG funds to assist low/moderate income owners, (owner occupied property) with rehabilitation. This 2 program implements General Plan Objectives 3.1 and 3.2 and related strategies. These objectives relate to maintaining and encouraging the improvement of the quality and integrity of exiting residential neighborhoods by ensuring on going maintenance and rehabilitation of housing units. Also to implement Objective 3.2, information regarding this program is on the City's web site. The City continues to enforce its Property Maintenance Ordinance, thereby maintaining the quality of existing neighborhoods. The City implements a proactive Neighborhood Improvement Program by conducting neighborhood inspections on a regular basis and notifying property owners of code violations which are subject to a citation if not addressed. As part of this program, the neighborhood improvement officers refer property owners to the above mentioned programs. The enforcement and assistance also implements General Plan Objective 3.1. Resource Manaaement Element Issues related to open space and conservation overlap in Diamond Bar. As a result, the City combined its Open Space Element and Conservation Element into one Resource Management Element. The Resource Management Element addresses open space, visual resources, biological resources, and parks and recreation. Additionally, this element establishes strategies for effectively managing local and natural resources in order to prevent waste, destruction, or neglect. To further Objectives 1.3 of this element and related strategies, the City adopted the Recreational Trails and Bicycle Route Master Plan on May 1, 2001. In 2002, the City designed a trail and head trail for Sycamore Canyon Park that will be constructed in 2003. The City has also designed two picnic shelters for Pantera Park that will be constructed in 2003. In continuing to implement this objective with strategies that encourage improving and enhancing existing recreational areas, the City has designed the ADA retrofit for Starshine Park that will be constructed at a later date. Additionally, the cornmunitylsenior center also implements Objective 1.3 by providing another recreational facility that will be available as an active recreational area in the City. To implement General Plan Objective 2.2 related to efficient use of energy by minimizing the consumption of energy resources, the City has installed motion detectors in restroom buildings, timers on HVAC systems and photo cells on security lights in City park facilities. Wherever feasible, the City continues to encourage new development to utilize reclaimed water and the established Water Efficiency Landscape Standards. City medians continue to utilize reclaimed water, thereby implementing Objective 2.1. Energy conservation is continually encouraged through the City's Subdivision Ordinance and Building and Safety Division requirements. 3 To implement Objective 2.5 and related strategies, Diamond Bar continues to implement its mandatory Source Reduction and Recycling Element with programs that exceed industry standards for residential, commercial and industrial generated waste.. The City continues to implement a residential curbside waste program for recycling materials and green waste as well as continuing curbside pickup of used oil. In 2002, fifty-three percent of the waste collected in the City was recycled. The City continues to provide a Hazardous Waste Management Program. This year the City received an award, "Best New Program", from CAL -EPA Household Hazardous Waste/Used Oil Program To continue implementing General Plan Objective 2.5 and related strategies, the City continues composting approximately ninety-three percent of its collected street sweeping debris as a means to help meet the AB 939 diversion mandate. The City now has a program that requires the removal of motor vehicles from the streets on street sweeping days. This program was introduced so that the City will be more compliant with the NPDES requirements, Trees are an important natural resource contributing to the environment by replenishing oxygen and counteracting pollution. Trees abate noise, reduce soil erosion and runoff and protect against the risk of flood hazards and landslides. Trees are an aesthetic asset that enhances the visual environment. They provide color, aroma, shade and visual buffers between land uses, and increase property values. In the year 2002, the City of Diamond Bar was again named "Tree City USA", thereby implementing Objective 1.1. To continue implementing this General Plan Objective, the City offers a street tree planting program free of charge to residents who do not have a tree in front of their home in the public right-of-way. The City will provide 100-200 trees each year. Public Health and Safetv Element The Public Health and Safety Element contains provisions that relate to the protection of life, health, and property from natural hazards and man-made hazards. It identifies areas where public and private decisions on land use need to be sensitive to hazardous conditions caused by slope instability, seismic activity, flood, fire, and wind. To implement Objectives 1.1 and 1.2, the City in conjunction with the Uniform Building Code continues to mandate site-specific geotechnical investigations to determine appropriate design parameters for the construction of public and private facilities in order to minimize the effects of geologic and seismic hazard on development. Drainage studies are required to ensure that proposed development will be adequately protected, and the development proposal will not create new downstream flood hazards. To implement Objective 1.5 and related strategies which deal with minimizing the risk and fear of crime and create a level of public awareness and support for crime 4 prevention, the City and the Los Angeles County Sheriff Department continue to operate a service center outpost within a commercial shopping center with operating hours of Monday through Friday from 9:00 a.m. to 5:00 p.m. The Los Angeles County Sheriff Department also continues to maintain several offices within City Hall, thereby allowing deputies to be more readily available to the citizens of Diamond Bar and to administer services and special programs to our community more efficiently. In 2002, the City Council adopted a resolution approving the Diamond Bar Public Safety Program. The purpose of this program is to educate the community on the City's public safety efforts. This program outlines the partnership between the City, Los Angeles County Sheriff Department, Inland Valley Humane Society and member of our community that will document the public safety efforts of the City and give all residents a defined set of resources, goals and objectives for law enforcement services in Diamond Bar. It emphasizes long-term solutions to problems affecting the community, while addressing urgent needs. This program will also assist in implementing General Plan Objective 1.5 and related strategies. The implementation of the City's Emergency Operations Center and EOC program took place in 2002. This program carries out General Plan Objective 1.7 and related strategies for effective emergency preparedness and response programs. Circulation Element The Circulation Element defines the transportation needs of the City and presents a comprehensive transportation plan to accommodate those needs. The focus of this element is the identification and evaluation of local circulation needs, balancing those needs with regional demands and mandates. The City continues to sell monthly MTA and Metro link passes and Foothill Transit Zone 31 day passes. The City also continues to offer its Diamond Ride program to senior and disabled residences. These programs assist the City in the implementation of General Plan Objective 2.1 that relates to maximizing the use of alternative transportation modes within and through the City in order to reduce the reliance on single -passenger automobiles. In 2002, the City approved a two-story building in the Industrial zone of approximately 36,200 that is currently under construction. A condition of approval for this project incorporates a reduction in parking in exchange for transportation demand management programs, thereby implementing General Plan Objective 4.1 and related strategies. Diamond Bar implements Objective 1.1 and related strategies by continuing to participate in local and regional transportation planning and decision making by implementing the guidelines of the Los Angeles County Congestion Management Plan and participating in the Four Corners Transportation Study and Alameda Corridor -East (ACE) Construction of Authority Project. The City also participates in Pomona Valley ITS Program, an ongoing study for regional traffic management on regionally significant arterial streets. Furthermore, the City has been working with neighboring communities and CalTrans for the construction of a new bridge to link HOV lanes between the Orange Freeway and the Pomona Freeway in Diamond Bar. This project also includes the realigning of Grand Avenue on-ramp to westbound Route 60 to extend Brea Canyon Road, constructing a new collector road adjacent to westbound Route 60 and adding an auxiliary lane to Grand Avenue off-ramp from eastbound Route 60. Construction for this project will begin in 2003. Through the Capital Improvement Program (CIP), the City continues to make improvements to its system of streets, thereby implementing Objectives 1.2, 1.3 and 3.1 and related strategies. Sidewalks, retaining walls and drive approaches were installed at Grand Avenue, Golden Springs Drive and Propectors Road. Additionally in the year 2002, slurry sealing for residential neighborhoods was completed in Area 4, which is one of the five residential areas that are slurry sealed on a rotation basis. New traffic signals were installed at Diamond Bar Boulevard/Silver Hawk Drive, Diamond Bar Boulevard/ Clear Creek Canyon Drive, 57 Freeway northbound on-ramp and Golden Springs Drive/Sylvan Glen Road. To provide additional traffic safety, stop signs were added to the following intersections: Leyland Drive/Wynnwood Drive; Leyland Drive/Newberry Way; Highland Valley Road/Overlook Ridge Road; Sunset Crossing Road/Prospectors Road; Cliffbranch Drive/Round Tree Circle; and Gold Rush Drive/ Chandelle Place. In 2002, the City began a citywide Traffic Signalization Timing Plan to reduce traffic delays and implement the free flow of traffic. In 2002, the City implemented striping modifications to Diamond Bar Boulevard at Gold Rush Drive to improve safety and efficiency of the left turn movement traffic flow. Left turn traffic signals have also been incorporated into intersections at Golden Springs Drive/Temple Avenue/Avenida Rancheros as part of Los Angeles County signal synchronization project. The City installed speed humps in a pilot project area (Navajo Springs Road/Decorah Road between Sunset Crossing Road and Platina Road) to investigate the effectiveness of speed humps in reducing speed levels in residential neighborhoods. The City also completed a $2,000,000.00 traffic flow improvement project on Brea Canyon Road/Pathfinder Road and south to the City limits. The Traffic Safety Program adopted December 2001 continues in 2002. It provides the City with a means by which to judge the effectiveness of traffic related programs in three areas of concern: Traffic issues involving major roadways; residential traffic issues; and traffic issues related to schools. The program will also develop and market information to all residents concerning driver safety and other traffic related items. This program implements Objective 1.2. Public Services and Facilities Element The Public Services and Facilities Element deals with the long-term provision of municipal services and facilities, and what types of facilities are needed to support those services. This element focuses on identifying City facilities and services needed to sustain the community's quality of life; long-range planning to fund City services and buildings; and coordinating and cooperating with various local agencies to provide those services not provided by the City. The construction of the new community/senior center implements General Plan Objective 1.4 and 1.5. These objectives relate to pursuing a multi -use community center, providing opportunities for the community without regard to age, occupation, income, race, interests and religion to interact and exchange ideas and establish common goals. Diamond Bar maintains a public information program to inform residents of community events. The City continues to maintain community bulletin boards at major locations throughout the City, a web site and Info -To -Go that are constantly updated, City News and City of Diamond Bar Community Recreation Guide. In the year 2002, the City newsletter went from bi-monthly to monthly, accessible on line and through mail. In 2002, the City enhanced DBTV (channel 17), thereby offering more information to the public. In 2002, the City established a new web site that now offers the Municipal Code as well as other additional information. The City has established a Customer Request Management System that will make requests for service and communications to customers more convenient. This system will be implemented in 2003. The City also purchased an information kiosk for the City Hall lobby to be installed in 2003. This year, a crime prevention/information television show identified as "Cop Talk" was launched. The public information services provided by the City implement Objective 1.5 and related strategies. Conclusion For the City of Diamond Bar, the General Plan continues to direct all land use decisions and remains an effective guide for future development. This year several Development Code Amendments were adopted to ensure further implementation of the General Plan. The City continues to pursue economic development to increase city revenues, address traffic related issues and preserve open space. The City looks forward to the completion of the community/senior center building. The City continues to create a community environment that nurtures social, cultural, religious, educational and recreational opportunities for it citizens. CITY COUNCIL TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager Agenda # — 68 _ Meeting Date: September 2, 2003 AGENDA REPORT TITLE: Resolution No. 2003-39A — A Resolution of the City Council of the City of Diamond Bar amending Resolution No. 2003-39 — FY2003- 2004 Municipal Budget to include appropriation for purchase order and contract contingency carryovers. RECOMMENDATION: Approve Resolution No. 2003-39A FINANCIAL IMPACT: Increase in appropriati ons of $9,057,056.61 BACKGROUND: On June 17, 2003 the City Council approved the FY2003-2004 Budget via Resolution No. 2003-39. DISCUSSION: Fiscal Year 2002-2003 ended June 30, 2003. Since that time staff has been closing out the fiscal year. Part of this process has been to evaluate all purchase orders (P.O.$) which have remained open and encumbered atthe end of the fiscal year. The attached listcontains all P.O.s that have been identified as carryover purchase orders. These are for items and/or services, which had either been ordered orcontracted for but not completed or received bythe June 30. Since the encumbered budget lapsed atyear-end, it is necessary to adjustthe FY03-04 budget to allowfor these prior year encumbrances and contract contingencies. In effect, the City will just carry forward the applicable portion of the FY02-03 budget. PREPARED BY: Linda G. Magnuson REVIEWED BY: Department Head Deputy City Manager Attachments: Resolution No. 2003-39A Exhibit A— Open Purchase Order Listing RESOLUTION NO. 2003-39A A RESOLUTION OF THE CITY COUNCI L OF THE CITY OF DIAMOND BAR AMENDING RESOLUTION NO. 2003-39 APPROVING AND ADOPTING THE FY 2003- 2004 MUNICIPAL BUDGET TO INCLUDE PURCHASE ORDER AND CONTRACT CONTINGENCY CARRYOVER APPROPRIATIONS. WHEREAS, on June 17, 2003, the City Council of the City of Diamond Bar adopted Resolution No. 2003-39 adopting the Fiscal Year 2003-2004 Municipal Budget; and WHEREAS, the City of Diamond Bar's fiscal year ended on June 30, 2003; and WHEREAS, the City of Diamond Bar had certain contractual obligations in the form of open Purchase Orders at June 30, 2003. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond Bar as follows: The Fiscal Year 2003-2004 Municipal Budget is hereby amended to include additional appropriations in the amount of $9,057,056.61 as noted on the FY02-03 Open Purchase Order Listing (Exhibit "A"). PASSED, ADOPTED AND APPROVED this ____ day of September, 2003. Mayor I, LYNDA BURGESS, City Clerk of the City of Diamond Bar do hereby certify that the foregoing Resoluti on was passed, adopted and approved at a regular meeting of the City Council of the City of Diamond Bar held on the _____ day of September , 2003, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: City Clerk of the City of Diamond Bar EXHIBIT A CITY OF DIAMOND BAR FY 02-03 OPEN PURCHASE ORDER LISTING PROJECT PO # VENDOR ACCOUNT # AMOUNT CONTINGENCY 13011 D.B Community Foundation 001-4030-4030 $ 10,625.00 12384 Document imaging Service 001-4040-44000 56,083.00 12613 Bonterra Consulting Inc 001-4090-44000 896.15 12680 Dubberiy Garcia Associates 001-4090-44000 64,572.56 12907 Gonzales Goodale Arcitects 001-4090-44000 12.250.00 77,718.71 12682 Verizon 001-4090-46240 11,070.25 13113 Kiki Toys 001-4095-41400 743.85 13370 McDermott Consulting Inc. 001-5210-44210 25,000.00 13048 R P Laurain & Assoc 001-5240-44000 4,200.00 13073 R P Laurain & Assoc 001-5240-44000 3.500.00 7,700.00 13098 Miracle Playground Sales 001-5340-42210 1,039.63 13222 Promotional Designs Group 001-5350-5300 84,530.00 12768 Advantec Consulting Engr. 001-5510-44000 47,560.40 12256 Advanced Infrastructure 001-5510-45221 500.00 10784 Charles Abbott & Assoc 001-5510-45227 129.20 11108 Charles Abbott & Assoc 001-5510-45227 127.50 11457 Charles Abbott & Assoc 001-5510-45227 34.50 11458 Charles Abbott & Assoc 001-5510-45227 127.50 11459 Charles Abbott & Assoc 001-5510-45227 127.50 11586 Hall & Foreman Inc 001-5510-45227 127.50 11694 Charles Abbott & Assoc 001-5510-45227 516.68 11708 Charles Abbott & Assoc 001-5510-45227 34.50 11877 Charles Abbott & Assoc 001-5510-45227 255.00 11910 Charles Abbott & Assoc 001-5510-45227 162.00 12053 Charles Abbott & Assoc 001-5510-45227 127.50 12141 Charles Abbott & Assoc 001-5510-45227 357.51 12655 Charles Abbott & Assoc 001-5510-45227 46.50 12687 Charles Abbott & Assoc 001-5510-45227 34.50 12702 Charles Abbott & Assoc 001-5510-45227 34.50 12703 Charles Abbott & Assoc 001-5510-45227 81.00 12755 Charles Abbott & Assoc 001-5510-45227 90.38 12849 Hall & Foreman Inc 001-5510-45227 291.74 12851 Charles Abbott & Assoc 001-5510-45227 34.50 12852 Charles Abbott & Assoc 001-5510-45227 127.50 PROJECT PO # VENDOR ACCOUNT # AMOUNT CONTINGENCY 12859 Charles Abbott & Assoc 001-5510-45227 542.68 12875 Charles Abbott & Assoc 001-5510-45227 127.50 12878 Charles Abbott & Assoc 001-5510-45227 127.50 12899 Charles Abbott & Assoc 001-5510-45227 615.99 12901 Charles Abbott & Assoc 001-5510-45227 652.54 12914 Charles Abbott & Assoc 001-5510-45227 34.50 12925 Charles Abbott & Assoc 001-5510-45227 526.16 12971 Charles Abbott & Assoc 001-5510-45227 34.50 12975 Charles Abbott & Assoc 001-5510-45227 127.50 12976 Charles Abbott & Assoc 001-5510-45227 127.50 12978 Charles Abbott & Assoc 001-5510-45227 81.00 13075 Hall & Foreman Inc 001-5510-45227 652.33 13107 Hall & Foreman Inc 001-5510-45227 1,020.00 7,571.71 13255 Pulte Homes 001-5551-45221 4,250.00 11205 Charles Abbott & Assoc 001-5551-45223 127.50 11587 Hall & Foreman Inc 001-5551-45223 191.25 11877 Charles Abbott & Assoc 001-5551-45223 255.00 11886 Charles Abbott & Assoc 001-5551-45223 55.15 12519 Charles Abbott & Assoc 001-5551-45223 127.50 12560 Charles Abbott & Assoc 001-5551-45223 236.81 12667 Charles Abbott & Assoc 001-5551-45223 214.52 12817 Hall & Foreman Inc 001-5551-45223 31.87 12853 Hall & Foreman Inc 001-5551-45223 440.00 12968 Hall & Foreman Inc 001-5551-45223 463.46 12969 Hall & Foreman Inc 001-5551-45223 586.50 12972 Charles Abbott & Assoc 001-5551-45223 225.19 13023 Hall & Foreman Inc 001-5551-45223 127.50 13027 Charles Abbott & Assoc 001-5551-45223 127.50 13108 Charles Abbott & Assoc 001-5551-45223 79.12 3,288.87 12818 Safeway Sign Co 001-5554-45506 1,000.00 13111 Safeway Sign Co 001-5554-45506 7,992.80 13219 Safeway Sign Co 001-5554-45506 92,300.00 101,292.80 13067 David Evans &Assoc 001-5558-44000 1,432.50 General Fund Totals 440,406.72 12028 Vision Internet Providers 118-5098-44000 9,080.00 12904 Vermont Systems 118-5098-46235 29.044.98 38,124.98 13098 Miracle Playground Equipment 138-5538-42210 1,039.64 12916 GFB Friedrich & Assoc 138-5538-44000 285.17 1,324.81 12916 GFB Friedrich & Assoc 139-5539-44000 285.17 PROJECT PO # VENDOR ACCOUNT # AMOUNT CONTINGENCY 12916 GFB Friedrich & Assoc 141-5541-44000 285.17 10554 Hunsaker & Assoc 250-5215-46420 13899 4,139.01 11453 Leighton & Assoc 250-5215-46420 13899 21,098.10 11571 Hunsaker & Assoc 250-5215-46420 13899 46,202.45 11731 APSI Inc. 250-5215- 46420 13899 135,868.29 12055 D & J Municipal Svcs 250-5215-46420 13899 13,875.84 12296 Bonterra Consulting 250-5215-46420 13899 29,059.67 12681 Koury Engineering 250-5215-46420 13899 7,723.12 12802 KPRS Construction Services 250-5215-46420 13899 5,800,994.40 795,287.00 12995 Montrose & Assoc 250-5215-46420 13899 835.00 13160 MTG L Inc 250-5215-46420 13899 30,113.00 10666 Gonzales, Goodale Architects 250-5215-46420 13899 116,353.53 6, 206, 262.41 795, 287.00 12116 David Evans &Assoc 250-5310-46415 17602 9,769.39 12611 David Evans &Assoc 250-5310-46415 18502 6,782.54 12213 Hondo Company 250-5310-46415 15700 8,755.27 7,790.00 12727 David Evans & Assoc 250-5310-46415 19403 2,149.00 12801 David Evans &Assoc 250-5310-46415 19103 2,555.42 13000 Hirsch &Associates 250-5310-46415 13000 72,340.52 102,352.14 7,790.00 10777 GFB Friedrich & Assoc 250-5510-46411 16101 3,760.29 12643 Dewan Lundin & Assoc 250-5510-46411 18603 74,442.00 20,000.00 13004 Advanced Applied Engineers ng 250-5510-4641 1 01403 20,830.00 4,700.00 13261 Manhole Adjusting 250-5510-46411 01403 339,910.92 16,995.55 13262 American Asphalt South Inc 250-5510-46411 01403 402.861.40 35.170.00 841,804.61 76,865.55 12662 Warren Siecke 250-5510-46412 14399 3,243.16 12662 Warren Siecke 250-5510-46412 16701 3,243.15 12662 Warren Siecke 250-5510-46412 16801 2,441.42 12662 Warren Siecke 250-5510-46412 16601 3,243.15 12699 New West Signal 250-5510-46412 16701 3,908.62 966.82 12699 New West Signal 250-5510-46412 14399 3,908.62 966.82 12699 New West Signal 250-5510-46412 16801 12,138.20 966.82 12699 New West Signal 250-5510-46412 16601 4,555.50 966.81 13141 Warren Siecke 250-5510-46412 14699 9,500.00 13252 Dyna Electric 250-5510- 46412 19503 95,161.33 4,666.67 13252 Dyna Electric 250-5510- 46412 18803 195,179.33 4,666.67 13252 Dyna Electric 250-5510- 46412 18703 95,161.34 4,666.67 13256 Warren Siecke 250-5510-46412 19503 9,543.51 13256 Warren Siecke 250-5510-46412 18803 9,543.50 13256 Warren Siecke 250-5510-46412 18703 9,543.49 13257 Warren Siecke 250-5510-46412 18903 13,282.00 13257 Warren Siecke 250-5510-46412 19003 13,282.00 11735 Warren Siecke 250-5510-46412 17502 2,184.50 489, 062.82 17, 867.28 12116 David Evans & Assoc 250-5510-46416 18302 622.36 12116 David Evans &Assoc 250-5510-46416 18402 15,226.25 PROJECT PO # VENDOR ACCOUNT # AMOUNT CONTINGENCY 13069 David Evans &Assoc 250-5510-46416 18202 10,050.00 13069 David Evans & Assoc 250-5510-46416 18102 4,570.00 13069 David Evans &Assoc 250-5510-46416 18302 4,570.00 12564 David Evans & Assoc 250-550-46416 19203 2.633.00 39, 337.95 0.00 GRAND TOTAL $8,159,246.78 $897,809.83 Agenda # 6.9 Meeting Date: September 2. 2003 CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager TITLE: RESOLUTION NO. 2003 -XX ACCEPTING AN IRREVOCABLE OFFER OF DEDICATION FOR ROAD PURPOSES FROM THE ARCHDIOCESE OF LOS ANGELES AT SILVER HAWK DRIVE. RECOMMENDATION: Approve the resolution. FINANCIAL IMPACT: This action has no financial impact on the City. BACKGROUNDtDISCU SSION: An existing strip of sidewalk/land scape area within the street right-of-way adjacent to the Archdiocese of Los Angeles property (Saint Denis Parish Church, 2151 S. Diamond Bar Boulevard) was not dedicated for street purposes before the City was incorporated. This was discovered at the time of the planning and design of the traffic signals at Diamond Bar Boulevard/Silver Hawk Drive. This dedication is required in order for the City to construct, operate and maintain one of the signal poles adjacent to Saint Denis Parish Church. Staff subsequently followed-up with the Archdiocese to transfer that area to the City. The Archdiocese property lines have been adjusted by way of an Irrevocable Offer of Dedication for Road Purposes prepared by staff. The Archdiocese has no objection to this dedication and has executed the attached Irrevocable Offer. PREPARED BY: John L. Ilasin, Assistant Engineer REVIEWED BY: David G. Liu Director of Public Works Date Prepared: August 19, 2003 James DeStefano Deputy City Manager Attachment: Irrevocable Offer of Dedication for Road Purposes Resolution RESOLUTION 2003 -XX A RESOLUTION OF THE CITY COUNCI L ACCEPTING AN IRR EVOCABLE OFFER OF DEDICATION FOR ROAD PURPOSES FROM THE ARCHDIOCESE OF LOS ANGELES AT SILVER HAWK DRIVE. I_�;7X�3yLl�� (i.) WHEREAS, Archdiocese of Los Angeles is the owner of the property (Saint Denis Parish Church) located at 2151 S. Diamond Bar Boulevard and has offered the City of Diamond Bar a dedication for such portions of property more particularly described in Exhibits A and B of the Irrevocable Offer of Dedication for Road Purposes attached hereto; (ii.) WHEREAS, the City Engineer has reviewed, approved and recommends acceptance of the Irrevocable Offer of Dedication for Road Purposes; and (iii)WHEREAS, all legal prerequisites to the acceptance of this offer and the adoption of this resolution have occurred. B. RESOLUTION : NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, DOES HEREBY RESOLVE: Section 1. The City Council of the City of Diamond Bar does hereby find that all of the facts set forth in the recitals of this resolution are true and correct. Section 2. The City Council of the City of Diamond Bar does hereby accepts the Irrevocable Offer of Dedication for Road Purposes attached hereto from the Archdiocese of Los Angeles and consents to recordation of this offer of dedication. Section 3. The Acting City Clerk of the City of Diamond Bar is hereby authorized and directed to cause the Irrevocable Offer of Dedication for Road Purposes to be recorded on behalf of the City in the Office of the County Reco rder and to execute any and all other documents as may be nece ssary or convenient to effect the recordation, and to certify to the adoption of this resolution. PASSED, APPROVED, AND ADOPTED this 2nd day of September , 2003. Carol Herrera, Mayor I, NANCY WHITEHOUSE, Acting City Clerk of the City of Diamond Bar, California do hereby certify that the foregoing Resolution Number 2003 -XX was duly and regularly passed and adopted by the City Council of the City of Diamond Bar, California, at its adjourned regular meeting held on the 2nd day of September , 2003, by the following vote, to wit: AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS ABSTAIN: COUNCIL MEMBERS Nancy Whitehouse, Acting City Clerk City of Diamond Bar, California -2 - CITY COUNCIL TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager Agenda # 6.10 Meeting Date: September 2., 2003 AGENDA REPORT TITLE: Authorize City Manager to enter into agreements with Walnut Valley Unified School District, Pomona Unified School District, Adelphia Communications and Los Angeles County Public Library for disposition of surplus computers RECOMMENDATION: It is recommended that the City Council authorize the City Manager to dispose of surplus computers to Walnut Valley Unified Schoo I District, Pomona Unified School District, Adelphia Communications and County of Los Angeles Public Library. FINANCIAL IMPACT: There is no financial impact associated with the disposition of the computers. The computers will be provided to all entities at no cost to the recipients or the City. BACKGROUND: The City recently replaced all of its desktop computers leaving a surplus of old computers which are no longer required for the City's day-to-day operation. The City would like to dispose of the surplus computers in a way that benefits the community. It is proposed that the school districts receive the bulk of the surplus computers; one computer would remain City property but would be placed at Adelphia Communications' video production facility to be used for production of the City's public safety television show; and the four computers currently located atthe Diamond Bar Public Library would be donated to the Los Angeles County Library. These entities have different disposition requirements as outlined below. DISCUSSION: School District Agreement The City would like to provide the school districts with computers to enhance the education of Diamond Bar students. However, since school districts are entities of the state and do not serve a municipal function, the donation of the computers to the districts could be considered a gift of public funds. In order to provide the computers and comply with state law, the City proposes to provide the computers to the districts with an agreement that if, within the next 12 months, the City requires the computers because of extraordinary circumstances, the districts will retu rn the computers to the City. After the 12 month period, the computers will become the property of the districts. It is recommended that the City Manager be authorized to enter into the attached agreements with the school districts. Since the school districts have not formally approved the attached agreement, the City Manager authorization will allow for minor modifications to the attached agreements. Adelphia Communications The City has partnered with Adelphia Communications to create the City's public safety television show "Cop Talk". The video editing equipment at Adelphia is antiquated and limitsthe ability of staff to edit and provide graphics in the show. It is recommended that one (1) surplu s computer be located at Adelphia for use by Adelphia staff for editing and video production of the City's public safety show and any future City programs. The computer will rema in the property of the City and no formal written agreement is necessary. County Library Several years ago the City provided four (4) computers to the Diamond Bar Public Library. The computers are the property of the City and must be maintained and serviced by the City. Also, since the computers are City -owned, they can not beplaced on the County's computer network. Without network access, the computers access to the internet is limited to the City -provided cable modem. The County Librarian has requested the City donate the computers to the Library. If approved, the Library staff will place the computers on the County network and maintain the computers. The County has assured the City the computers will remain in Diamond Bar. ATTACHMENTS 1. City and Walnut Valley School District Agreement 2. City and Pomona Unified School District Agreement IW:70WT_1:7 4911-YA Deputy City Manager AGREEMENT BETWEEN THE CITY OF DIAMOND BAR AND WALNUT VALLEY UNIFIED SCHOOL DISTRICT (DISTRICT) FOR DONATION OF COMPUTERS This Agreement is made by and between the City of Diamond Bar, a municipal corporation ("CITY") and the Walnut Valley Unified School District, a school district organized pursuant to the California Education Code ("DISTRICT") as of the date set forth below. RECITALS A. CITY owns surplus desktop computers which are no longer required for City's day-to-day operations; and B. City desires to dispose of the surplus computers in a way that benefits the community and provides recourse to use of the computers in the event they are required in an emergency; and C. DISTRICT desires to accept the computers for use by students and staff to enhance the education of the children of Diamond Bar subject to the conditions set forth below. NOW, THEREFORE, the CITY and DISTRICT hereby agree to the following: CITY shall provide the DISTRICT, at no cost, 20 computers (including monitors, keyboards, operating system and MS Office software) ("the computers") for use by the DISTRICT. Computers are provided "as is" without any warranties or guaranties of any kind. DISTRICT hereby accepts the computers and acknowledges that the computers are in a used condition and may not be suitable for any or all of its purposes. DISTRICT agrees that, in the event of a catastrophic event such as earthquake or terrorist attack, orother comparable emergency occurring within 12 months oftheexecution date of this Agreement, City may have access to and useof the computers, ifdeemed necessary by City in its discretion, to respond to the emergency. IN WITNESS WHEREOF, the parties have executed this Agreement the _____ day of ,20 CITY OF DIAMOND BAR WALNUT VALLEY UNIFIED SCHOOL DISTRICT Linda Lowry, City Manager Name: Date Date AGREEMENT BETWEEN THE CITY OF DIAMOND BAR AND POMONA UNIFIED SCHOOL DISTRICT FOR DONATION OF COMPUTERS This Agreement is made by and between the City of Diamond Bar, a municipal corporation ("CITY") and the Pomona Unified School District, a school district organized pursuant to the California Education Code ("DISTRICT") as of the date set forth below. A. CITY owns surplus desktop computers which are no longer required for City's day-to-day operations; and C. City desires to dispose of the surplus computers in a way that benefits the community and provides recourse to use of the computers in the event they are required in an emergency; and C. DISTRICT desires to accept the computers for use by students and staff to enhance the education of the children of Diamond Bar subject to the conditions set forth below. NOW, THEREFORE, the CITY and DISTRICT hereby agree to the following: CITY shall provide the DISTRICT, at no cost, 20 computers (including monitors, keyboards, operating system and MS Office software) ("the computers") for use by the DISTRICT. Computers are provided "as is" without any warranties or guaranties of any kind. DISTRICT hereby accepts the computers and acknowledges that the computers are in a used condition and may not be suitable for any or all of its purposes. DISTRICT agrees that, in the event of a catastrophic event such as earthquake or terrorist attack, orother comparable emergency occurring within 12 months oftheexecution date of this Agreement, City may have access to and useof the computers, ifdeemed necessary by City in its discretion, to respond to the emergency. IN WITNESS WHEREOF, the parties have executed this Agreement the _____ day of ,20 CITY OF DIAMOND BAR P OMONA UNIFIED SCHOOL DISTRICT Linda Lowry, City Manager Name Date Date CITY COUNCIL TO VIA; TITLE; Honorable Mayor and Members of the City Council Linda C. Lowry, City Manager Agenda #6.11 Meeting Date; 09-02-03 AGENDA REPORT AMENDMENT #1 TO CONTRACT WITH EXCEL LANDSCAPE FOR LANDSCAPE MAINTENANCE SERVICES AT NINE LOCATIONS IN LLAD #38 FOR THE 2003/04 FISCAL YEAR IN THE AMOUNT OF $28,323.12, PLUS A CONTINGENCY AMOUNT OF $5,000 FOR AS -NEEDED WORK. RECOMMENDATION; Approve Amendment #1 to Contract. FINANCIAL IMPACT; Funds totaling $33,323.12 for this contract amendment are included in the 2003/04 fiscal year LLAD #38 Budget. BACKGROUND/DISCU SSION; During the pastyear, Excel Landscape has provided maintenance service forthe following nine landscaped areas in LLAD #38; 1. Median on Golden Prados south of Golden Springs. 2. Parkway on north side of Golden Springs between Platina and EI Encino. 3. Parkway on south side of Golden Springs across from Torito Lane. 4. Parkway on south side of Golden Springs west of Ballena. 5. Parkway on north side of Sunset Crossing between Chaparral and Big Falls. 6. Parkway on northwest comer of Gold Rush and Diamond Bar Blvd. 7. Parkway on southeast comer of Gold Rush and Diamond Bar Blvd. 8. Medians on Tin Drive west of Diamond Bar Blvd, 9. Parkways on both sides of Brea Canyon Road between Pathfinder and southern City Limits. Section 14 of the contract allows the City Council to extend the contract if an extension is deemed to be in the best interest of the City. Staff believes that Excel Landscape has done an excellent job maintaining these areas and that the contract should be extended for one year. REVIEWED BY; Bob Rose Community Services Director James DeStefano Deputy City Manager AMENDMENT #1 TO CONTRACT AGREEMENT THIS CONTRACT AMENDMENT is made this 2nd day of September, 2003 by and between the CITY OF DIAMOND BAR, a municipal corporation of the State of California ("CITY") and EXCEL LANDSCAPE, ("CONTRACTOR') Recitals: a. EXCEL LANDSCAPE entered into a 12 month AGREEMENT with CITY effective July 1, 2002 ("the AGREEMENT") for Landscape Maintenance at locations listed in Exhibit A- b. b. EXCEL LANDSCAPE has continued to provide landscape maintenance service on a month-to-month basis since July 1, 2003 at the original contract price. C. Parties desire to amend the AGREEMENT to extend the term for the period of July 1, 2003 through June 30, 2004. Now, therefore, the parties agree to amend the AGREEMENT as follows: Section 1 — Term of the AGREEMENT provided in Section 2 is revised to extend the CONTRACT AGREEMENT from July 1, 2003 through June 30, 2004. Section 2 — Contract Amendment for extension shall not exceed $28,323.12. Except as provided above, the AGREEMENT is in all other respects in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT #1 TO CONTRACT AGREEMENT on the date and year first written above. ATTEST CITY OF DIAMOND BAR A Municipal Corporation Of the State of California Signed Carol Herrera Title: Mayor APPROVED TO FORM City Attorney EXCEL LANDSCAPE Contractor Signed Title Nancy Whitehouse Acting City Clerk Exhibit A LLMD #38 Landscape Maintenance Locations 1. Median on Golden Prados south of Golden Springs. 2. Parkway on north side of Golden Springs between Platina and El Encino. 3. Parkway on south side of Golden Springs across from Torito Lane. 4. Parkway on south side of Golden Springs west of Ballena. 5. Parkway on north side of Sunset Crossing between Chaparral and Big Falls. 6. Parkway on northwest comer of Gold Rush and Diamond Bar Blvd. 7. Parkway on southeast corner of Gold Rush and Diamond Bar Blvd. 8. Medians on Tin Drive west of Diamond Bar Blvd. 9. Parkways on both sides of Brea Canyon Road between Pathfinder and southern City Limits. CITY COUNCIL TO VIA: TITLE Honorable Mayor and Members of the City Council Linda C. Lowry, City Manager Agenda # _6.12 Meeting Date: 09-02-03 AGENDA REPORT AUTHORIZATION FOR ADDITIONAL LANDSCAPE MAINTENANCE WORK AT PANTERA AND PETERSON PARKS TO BE PERFORMED BY VALL EY CREST LANDSCAPE MAINTENANCE IN AN AMOUNT NOT TO EXCEED $30,000 FOR THE 2003/04 FISCAL YEAR. RECOMMENDATION: Approve Authorization. FINANCIAL IMPACT: Funds for additional landscape maintenance work at Pantera and Peterson Parks are already included in the current 2003-04 FY Budget. BACKGROUND/DISCU SSION: The City Council awarded a contract to ValleyCrest Landscape Maintenance for Landscape Maintenance Service at Pantera and Peterson Parks for 2003/04 FY on March 4, 2003. Section 4 of the specifications for the contract allows for additional work to be added to the contract that is not included in the original scope of work. Typical additional work includes modification to existing landscaping or irrigation systems, repairs necessary due to vandalism, seasonal specialty work and annual park renovations to repair areas of excessive wear. There is $30,000 included in the 2003/04 FY budget for additional work that may be necessary at Pantera and Peterson Parks. Bob Rose James DeStefano Community Services Director Deputy City Manager Agenda # — 7.1 Meeting Date: September 2, 2003 CITY COUNCIL rf+ „ AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager TITLE: DEVELOPMENT CODE AMENDMENT NO. 2003-01 Pertaining to Setback Regulations, Driveways and Site Access, Slope Maintenance, Tree Preservation and Protection, Residential Accessory Structures, Second Units, Telecommunicatio ns Facilities and Legal Non -Conforming Structures. 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. (2003). FINANCIAL IMPACT: N/A -71W1201:Z611111103 Pursuant to Development Code Section 22.70, the City is requesting approval of Development Code Amendment No. 2003-01 pertaining to the proposed modifications of the following Articlesand Section ofthe Development Code: ARTICLE III �roo Section 22.16.090 - Setback Regulations and Exceptions: Amendment relates to setbacks for walls and fences on a reverse comer lot. �roo Section 22.30.080 - Driveways and Site Access: Amendment relates to the pavement width of a driveway in a single -fa mily residential zoning district. �roo Section 22.34.030 - Single-Fam ily Standards, Section 22.34.040 - Multi -Family Standards, Section 22.34.050 - Commercial Standards and Section 22.34.060 - Industrial Standards: Amendment relates to landscape maintenance standards for slopes. �roo Sections 22.38.010, 22.38. 030 and 22.38.060 — Tree Preservation and Protection : Amendment relates to the preservation of naturalized California pepper trees. %. Section 22.42.060 - Guest Houses: Amendment relates to lot coverage for guest houses. Section 22.42.110, Table 3-15 - Residential Accessory Uses and Structures: Amendment relates to setbacks for a tennis court and guesthouse. Section 22.42.110 - Residential Accessory Uses and Structures: Amendment relates to the maximum height oftennis court fencing. �roo Section 22.42.120 - Secondary Housing Units: Amendment relates to changing the current Minor Conditional Use process to a ministerial review process to comply with Government Code 65852.2. �roo Section 22.42.130 -Radio and Television Antenna and Wireless Telecommunications Antenna Facilities. Amendment relates to the number of telecommunicatio ns facilities on a parcel in residential zoning districts. ARTICLE V �roo Section 22.68.030 - Restrictions on Non-Conforming Structures: Amendment relates to when a structure shall bedeemed non -conforming. On May 13, 2003, the Planning Commission, at a public hearing, began reviewing the proposed modifications to the above reference Development Code articles and sections. Discussions continued to June 24, 2003 and July 8, 2003. On May 13, 2003, the Planning Commission recommended approval of a portion of the proposed amendment and on July 8, 2003 recommended approval to City Council of the remaining portion of the proposed amendment. Attached are Planning Commission Resolution Nos. 2003-12 and 2003-21 which reflect the recommendations. DISCUSSION: The City of Diamond Bar's Development Code became effective December 1998. Since then, several Development Code Amendments presented to the Planning Commission and City Council have been adopted. As the staff implements the Development Code, it becomes evident from time to time that amendments are needed in order to continue to better serve the City, residents and the development community orto comply with changes in State law. State law, Planning Commission's request, staffs experience and typographical errors prompted the amendment presented in this staff report. As a result, the City of Diamond Bar is requesting approval of Development Code Amendment No. 2003-01 in order to amend the following Articles, Sections and Table of the Development Code: Article III Note: (Italic/bold delineates recommended amendment.) (Strikeout/bold delineates deletions.) �roo Chapter 22.16 - General Property Development and Use Standards -ioo Section 22.16.090. Setback regulations and exceptions. This proposed modification relates to typographica I error in this section of the Development Code. Current: 8. Fences and Walls. a. On a reverse comer lot, setbacks for fences and walls higher than 42 inches and not exceeding six feet in height shall comply with setbacks as described in Table 2-4. The Director may reduce the required 15 -foot setback to a minimum ten feet for fences and walls on a reverse corner lot where a clear line of site is maintained for vehicular and pedestrian tra ffi c. Recommended Amendment: 8. Fences and Walls. a. On a reverse comer lot, setbacks for fences and walls higher than 42 inches and not exceeding six feet in height shall comply with setbacks as described Table 2-4. The Director may reduce the required 15 -feet ten - foot setback to a minimum ter nems five feet for fences and walls on a reverse comer lot where a clear line of site is maintained for vehicular and pedestrian traffic. -roo Chapter 22.30 — Off -Street Parking and Loading Standards %. Section 22.30.080. Driveways and site access. The City receives many requests from residents to widen driveways. This is a common request that has currently gained popularity due to the City's street sweeping program and related street parking restrictions. The Code currently allows driveways two feet wider than the garage opening. A request for a wider driveway requires approval of Minor Conditional Use Permit which is a public hearing with a $1,000.00 deposit. The proposed Code 3 modification will allow a resident to reasonably widen the driveway as specified and require that 50 percent of the front yard be landscaped. Widening the driveway more than allowed bythe proposed amendment would require a Minor Conditional use Permit. Current: (5) Driveway width and length. a. Single-family uses. Driveways are intended only to provide access to required off- street parking spaces in garages . No other paving, except walkways shall be allowed within the front yard area. Recommended Amendment: (5) Driveway width and length. a. Single-family uses. Driveways are intended only to provide access to required off- street parking spaces in garages . No other paving, except walkways, shall be allowed within the front yard area. An extension of the primary driveway may be approved if the pavement width of the extension does not exceed 12 feet, is located toward the nearest side or rear yard and the total hardscape area of the front yard does not exceed 50 percent of the existing front yard area. Front yard area shall be measured from the front property line to the front building line. Front Yard 4 %. Chapter 22.34 - Property Maintenance Standards %. Section 22.34.030. Single-family standards. With the City's proactive Neighborhood Improvement Program, maintenance of slopes on private property adjacent to a public highway has become a matter of concern. The Development Code does not offer any standards specific to this issue. The above recommended amendment for slope maintenance will offer guidelines to assist private property owners and the Neighborhood Improvement Offices with obtaining the City's goal of enhancing the quality of life for residents. Additionally, by maintaining slopes adjacent to a public highway, property values are preserved or increased, visual quality and character of Diamond Bar is enhanced and slopes are protected from erosion and/or fa i I u re. Current: (d) Landscape maintenance. Yards and setback areas shall be landscaped with lawn, trees, shrubs, or other plant material, and shall be permanently maintained in a neat and orderly manner and substantia Ilyfree ofweeds, debris and dead, diseased or dying vegetation and broken or defective decorative elements ofthe landscaped area. Foliage in landscaped areas shall bemowed, groomed, trimmed, pruned and adequately watered so as to maintain healthy growing conditions so as not to detra ct from the appearance at the immediate neighborhood. Irrigation systems shall be maintained to prevent public health or safety hazards. Recommended Amendment: (d) Landscape maintenance. Yards and setback areas shall be landscaped with lawn, trees, shrubs, or other plant material, and shall be permanently maintained in a neat and orderly manner and substantia Ilyfree ofweeds, debris and dead, diseased or dying vegetation and broken or defective decorative elements ofthe landscaped area. Foliage in landscaped areas shall bemowed, groomed, trimmed, pruned and adequately watered so as to maintain healthy growing conditions so as and not to detract from the appearance at the immediate neighborhood. Irrigation systems shall be maintained to prevent public health or safety hazards. (1) Slopes adjacent to a public highway shall be maintained in a neat and clean manner, free of weeds and debris. A public highway shall include local streets, the entire width of every highway including all portions dedicated for highway purposes, such as the sidewalks, parkways and roadways. Said slopes shall be watered manually or by way of an automatic irrigation system. Plant material shall be neatly trimmed and shall not encroach into the public right-of-way. Erosion control methods shall be utilized to maintain slope stability. Groundcover shall substantially cover a slope within two years of planting. Walls, fences and/or slope plant material shall be maintained in a manner that does not detract from the appearance of the immediate neighborhood. Overgrown vegetation that harbors rats or other vermin, or attains such growth as to be come a fire hazard when dry or that is otherwise noxious, dangerous or unsightly shall be prohibited. Failu re to maintain said slopes in the manner described is declared unlawful and a public nuisance endangering the health, safety and general welfare of the public and detrimental to the surrounding community and shall be abated pursuant to Section 22.34.070. %. Section 22.34.040. Multi -family standards. Current: (e) Landscape maintenance. Yards and setback areas shall be landscaped with lawn, trees, shrubs, or other plant material, and shall be permanently maintained in a neat and orderly manner and substantia Ilyfree ofweeds, debris and dead, diseased or dying vegetation and broken or defective decorative elements ofthe landscaped area. Foliage in landscaped areas shall bemowed, groomed, trimmed, pruned and adequately watered so as to maintain healthy growing conditions so as not to detra ct from the appearance at the immediate neighborhood. Irrigation systems shall be maintained to prevent public health or safety hazards . Recommended Amendment: (e) Landscape maintenance. Yards and setback areas shall be landscaped with lawn, trees, shrubs, or other plant material, and shall be permanently maintained in a neat and orderly manner and substantially free of weeds, debris and dead, diseased or dying vegetation and broken or defective decorative elements ofthe landscaped area. Foliage in landscaped areas shall be mowed, groomed, trimmed, pruned and adequately watered so as to maintain healthy growing conditions so—as- and not to detract from the appearance at the immediate neighborhood. Irrigation systems shall be maintained to prevent public health or safety hazards. (1) Slopes adjacent to a public highway shall be maintained in a neat and clean manner, free of weeds and debris. A public highway shall include local streets, the entire width of every highway including all portions dedicated for highway purposes, such as the sidewalks, parkways and roadways. Said slopes shall be watered manually or by way of an automatic irrigation system. Plant material shall be neatly trimmed and shall not encroach into the public right-of-way. Erosion control methods shall be utilized to maintain slope stability. Groundcover shall substantially cover a slope within two years of planting. Walls, fences and/or slope plant material shall be maintained in a manner that does not detract from the appearance of the immediate neighborhood. Overgrown vegetation that harbors rats or other vermin, or attains such growth as to be come a fire hazard when dry or that is otherwise noxious, dangerous or unsightly shall be prohibited. Failu re to maintain said slopes in the manner described is declared unlawful and a public nuisance endangering the health, safety and general welfare of the public and detrimental to the surrounding community and shall be abated pursuant to Section 22.34.070. -ioo Section 22.34.050. Commercial standards. Current: (d) Landscape maintenance. Yards and setback areas shall be landscaped with lawn, trees, shrubs, or other plant material, and shall be permanently maintained in a neat orderly manner and substantially freeof weeds, debris and dead, diseased or dying vegetation and broken or defective decorative elements ofthe landscaped area. Foliage in landscaped areas shall bemowed, groomed, trimmed, pruned and adequately watered so as to maintain healthy growing conditions so as not to detra ct from the appearance at the immediate neighborhood. Irrigation systems shall be maintained to prevent public health or safety hazards. Recommended Amendment: (d) Landscape maintenance. Yards and setback areas shall be landscaped with lawn, trees, shrubs, or other plant material, and shall be permanently maintained in a neat and orderly manner and substantia Ilyfree ofweeds, debris and dead, diseased or dying vegetation and broken or defective decorative elements ofthe landscaped area. Foliage in landscaped areas shall bemowed, groomed, trimmed, pruned and adequately watered so as to maintain healthy growing conditions so as and not to detract from the appearance at the immediate neighborhood. Irrigation systems shall be maintained to prevent public health or safety hazards. (1) Slopes adjacent to a public highway shall be maintained in a neat and clean manner, free of weeds and debris. A public highway shall include local streets, the entire width of every highway including all portions dedicated for highway purposes, such as the sidewalks, parkways and roadways. Said slopes shall be watered manually or by way of an automatic irrigation system. Plant material shall be neatly trimmed and shall not encroach into the public right-of-way. Erosion control methods shall be utilized to maintain slope stability. Groundcover shall substantially cover a slope within two years of planting. Walls, fences and/or slope plant material shall be maintained in a manner that does not detract from the appearance of the immediate neighborhood. Overgrown vegetation that harbors rats or other vermin, or attains such growth as to be come a fire hazard when dry or that is otherwise noxious, dangerous or unsightly shall be prohibited. Failu re to maintain said slopes in the manner described is declared unlawful and a public nuisance endangering the health, safety and general welfare of the public and detrimental to the surrounding community and shall be abated pursuant to Section 22.34.070. -roo Section 22.34.060. Industrial standards. Current: (d) Landscape maintenance. Yards and setback areas shall be landscaped with lawn, trees, shrubs, or other plant material, and shall be permanently maintained in a neat and orderly manner and substantia Ilyfree ofweeds, debris and dead, diseased or dying vegetation and broken or defective decorative elements ofthe landscaped area. Foliage in landscaped areas shall bemowed, groomed, trimmed, pruned and adequately watered so as to maintain healthy growing conditions so as not to detra ct from the appearance at the immediate neighborhood. Irrigation systems shall be maintained to prevent public health or safety hazards. Recommended Amendment: (d) Landscape maintenance. Yards and setback areas shall be landscaped with lawn, trees, shrubs, or other plant material, and shall be permanently maintained in a neat and orderly manner and substantia Ilyfree ofweeds, debris and dead, diseased or dying vegetation and broken or defective decorative elements ofthe landscaped area. Foliage in landscaped areas shall bemowed, groomed, trimmed, pruned and adequately watered so as to maintain healthy growing conditions spas and not ts—detract from the appearance at the immediate neighborhood. Irrigation systems shall be maintained to prevent public health orsafety hazards. (1) Slopes adjacent to a public highway shall be maintained in a neat and clean manner, free of weeds and debris. A public highway shall include local streets, the entire width of every highway including all portions dedicated for highway purposes, such as the sidewalks, parkways and roadways. Said slopes shall be watered manually or by way of an automatic irrigation system. Plant material shall be neatly trimmed and shall not encroach into the public right-of-way. Erosion control methods shall be utilized to maintain slope stability. Groundcover shall substantially cover a slope within two years of planting. Walls, fences and/or slope plant material shall be maintained in a manner that does not detract from the appearance of the immediate neighborhood. Overgrown vegetation that harbors rats or other vermin, or attains such growth as to be come a fire hazard when dry or that is otherwise noxious, dangerous or unsightly shall be prohibited. Failu re to maintain said slopes in the manner described is declared unlawful and a public nuisance endangering the health, safety and general welfare of the public and detrimental to the surrounding community and shall be abated pursuant to Section 22.34.070 . -roo Chapter 22.38 — Tree Preservation and Protection -rao Section 22.38.010. Purpose. The Planning Commission requested this proposed modification because California pepper trees are not indigenous to California. This tree species is from South America, but is commonly found in lowland parts of California and Arizona. There is room for argument when it comes to their usefulness. California pepper trees can be messy, have scale infestation and greedy surface roots, and should not be planted between sidewalk and curb, near house foundations, patio paving, in lawns or near sewers or drains. However, when properly located and pruned, the Californ is pepper tree can be impressive, graceful, and billowy and provide excellent shade. The City's General Plan states that "pepper" trees should be preserved and protected. The Development Code states that "naturalized native California pepper" trees shall be protected and preserved. This tree species is preserved and protected due to age and location in Diamond Bar. Considering the fact that the General Plan refers to "pepper" trees and this tree species is not native to California, the Planning Commission desires to identify them as "pepper" trees and preserve, protect and replace where appropriate. Current: General Plan, as the overall policy document for the City, requires the preservation and maintenance of native trees including oak, walnut, sycamore, willow, naturalized California Pepper and significan t trees of cultural or historical value. The purpose of this Chapter is to protect and preserve these trees and when removal is allowed as a result of new development to require their replacement. Recommended Amendment: General Plan, as the overall policy document for the City, requires the preservation and maintenance of native trees including oak, walnut, sycamore, willow, Galifaw:Ria Pepper a" significant trees of cultural or historical value and pepper trees where appropriate . The purpose of this Chapter is to protect and preserve these trees and when removal is allowed as a result of new development to require their replacement. -roo Section 22.38.030. Protected Trees. Current: A. A protected tree is any of the following: 1. Native oak, walnut, sycamore, willow, and naturalized California Pepper trees with a DBH of eight inches or greater; Recommended Amendment: A. A protected tree is any ofthe following: 1. Native oak, walnut, sycamore and willow trees with a DBH of eight inches or greater; and pepper trees with a DBH of eight inches or greater where appropriate; �roo Section 22.38.060. Exemptions. Current: (8) Native oak, walnut, sycamore, willow, or naturalized Native California pepper trees located upon a lot '/z acre or less are exempted from these regulations. Recommended Amendment: (8) Native oak, walnut, sycamore, willow, or pepper trees located upon a lot 1/2 acre or less are exempted from these regulations. �roo Chapter 22.42 -Standards for Specific Land Uses. -rao Section 22.42.060. Guest houses. This proposed modification is a result of a typographical error resulting in an inconsistency between Table 2-4 and written text in Section 22.42.060. Current: j. Parcel coverage. The guest houses, along with the main dwelling and any other accessory structures, shall not exceed an overall parcel coverage of 40 p ercen t. Recommended Amendment: j. Parcel coverage. The guest houses, along with the main dwelling and any other accessory structures, shall not exceed an overall parcel coverage of 40 10 per -sent as required in the zoning districts specified in Table 2-4. -roo Section 22.42.110. Residentia I accessory uses and structures. The purpose of this modification is to clarify and simplify the permitting process for residents who desire tennis courts. The text modification is compatible with the generally accepted and practiced 10 foot height standard for tennis court fencing . (American Institute of Architects, Architectural Graphic Standard 10th Edition.) Current: (7) Tennis and other recreational courts. Noncommercial outdoor tennis courts and courts for other sports (e.g., racquetball etc.) accessory to a residential use are subject to the following requirements: a. Fencing. Shall be su bject to the height limits of chapter 22.20 (Fences, Walls, and Hedges); Recommended Amendment: (7) Tennis and other recreational courts. Noncommercial outdoor tennis courts and courts for other sports (e.g., racquetba II etc.) accessory to a residential use are subject to the following requirements: a. Fencing. Shall be subjeGt to the height limits of chapter 22 20 (FORG86, Walls, and ; not exceed a maximum height of ten feet. When retaining walls/wall are utilized to create the tennis court pad, the maximum total height of fencing and wall together shall not exceed ten feet -roo Section 22.42.110. Reside ntial accessory uses and structures. Table 3-15 Setbacks for a tennis court and guest house are not specified in the Development Code. The purpose of this proposed modification is to specify the setbacks. Recommended Amendment: (Add the following to existing Table 3-15:) TABLE 3-15 REQUIRED SETBACKS - ACCESSORY USES AND STRUCTURES Single -Family Detached Homes Accessory Structure Type of Setback ' Required Setback Y Tennis Court Sides, rear 10 feet Street side As required for main Front structure As required for main structure Guest house Sides, rear As required for main Street side structure As required for main structure REQUIRED SETBACKS - ACCESSORY USES AND STRUCTURES Multi -Family, Attached/Detache d Homes Accessory Structure Type of Setback ' Required Setback 1 Tennis Court Sides, rear 10 feet Street side As required for main Front structure As required for main structure %. Section. 22.42.120. Secondary housing units. Assembly Bill 1866 amends Government Code Sections 65583.1, 65852.2 and 65915 and requires that the public hearing/discreti onary review process (Conditional Use Permit) be deleted. This law became effective July 1, 2003. Current: This section provides standards for the establishment of secondary residential units. (1) Minor conditional use permit required. Secondary residential units may be allowed in the zoning districts specified in section 22.08.030 (Residential district land uses and permit requirements) subject to the approval of minor 12 conditional use permit (chapter 22.56) in compliance with this section. The applicant shall bethe owner and resident ofthe main dwelling. (2) Number of units allowed. Only one secondary dwelling unit shall beallowed on a single-family parcel. (3) Site requirements. The parcel proposed for a second dwelling unit shall comply with all the following requirements: a. The parcel shall have a minimum area of 10,000 square feet, a minimum width of 50 feet, a minimum depth of 100 feet, and a minimum buildable pad size of 400 square feet, exclusively for the secondary units; and b. The parcel shall be developed with only one existing owner -occupied single-family detached main dwelling unit. (4) Location of secondary unit. A secondary dwelling unit may be within, attached to, ordetached from the existing main dwelling unit. If detached, the secondary unit shall be separated from the main dwelling unit a minimum of 10 feet. (5) Design standards. A second dwelling unit shall: a. Have a floor area not exceeding 30 percent of the existing living area of the main dwelling for an attached unit, or 1,200 square feet to the floor area for a detached unit; b. Be architectural ly compatible with the main dwelling units; C. Comply with heightened setback requirements for the main dwelling; d. Contain separate kitchen and bath room facilities and have a separate entrance from the main dwelling. (6) Parking. The secondary dwelling unit shall be provided one covered off-street parking space in a carport or garage, in addition to that required for the main dwelling unit, in compliance with chapter 22.30 (Off -Street Parking and Loading Standards). (7) Rental of units. A secondary dwelling unit may be rented, although rental is not required. (8) Required findings for approval. The following findings shall be made, in addition to those in section 22.56.040 (Findings and decision), to approve a minor conditional use permit for a secondary dwelling unit: a. The secondary dwelling unit is compatible with the design of the main dwelling unit and the surrounding neighborhood in terms of scale, exterior treatment, height, setbacks and landscaping, and will not cause 13 excessive noise, traffic or other disturbances to the existing residential neighborhood, or result in significantly adverse effects on public services and resources; and b. The secondary dwelling unit will not contribute to a high concentration of these two units sufficient to change the character of the surrounding residential neighborhood. (9) Second kitchens shall be permitted within the rural residential (RR) zone in single-family residences that are a minimu m of 6,000 square feet in floor area. A second kitchen shall not constitute approval of second unit and such kitchen shall not be so located as to facilitate the establishment of the second independent dwelling including a servant's quarters. Recommended Amendment: This section provides standards for the establishment of secondary residential units. (1)hAiRor conditiGRal use permit required Secondary residential units may be allowed in the zoning districts specified in Section 22.08.030 (Residential district land uses and permit requirements) subject to the approval of the Director a manor ca-Rditional use permit (Ghapter 22 56) an GomplianGe with t section- The applicant shall bethe owner and resident ofthe main dwelling. (2) Number of units allowed. Only one secondary dwelling unit shall be allowed on a single-family parcel. (3) Site requirements. The parcel proposed for a second dwelling unit shall comply with all the following requirements: a. The parcel shall have a minimum area of 10,000 square feet, a minimum width of 50 feet, a minimum depth of 100 feet, and a minimum buildable pad size of 400 square feet, exclusively for the secondary units; and b. The parcel shall be developed with only one existing owner -occupied single-family detached main dwelling unit. (4) Location of secondary unit. A secondary dwelling unit may be within, attached to, or detached from the existing main dwelling unit. If detached, the secondary unit shall be separated from the main dwelling unit a minimum of 10 feet. (5) Design standards. A second dwelling unit shall: a. Have a floor area not exceeding 30 percent of the existing living area of the main dwelling for an attached unit, or 1,200 square feet to the floor area for a detached unit; b. Be architectural ly compatible with the main dwelling units; 14 C. Comply with heightened setback requirements for the main dwelling; d. Contain separate kitchen and bath room facilities and have a separate entrance from the main dwelling. (6) Parking. The secondary dwelling unit shall bee provide one covered off-street parking space in a carport or garage, in addition to that the required parking for the main dwelling unit, in compliance with Chapter 22.30 (Off -Street Parking and Loading Standards). (7) Rental of units. A secondary dwelling unit may be rented, although rental is not required. (8) Compatibility. The secondary dwelling unit shall be compatible with the design of the main dwelling unit and the surrounding neighborhood in terms of scale, exterior treatment, height, setbacks and landscaping and shall not sufficiently change the character of the surrounding residential neighborhood. (8) ReqUiFed findings fGF appFG-V21- The fe-Illewing findings shall he Made, (9) Second kitchens shall be permitted within the Rural Residential (RR) zone in single-family residences that are a minimu m of 6,000 square feet in floor area. A second kitchen shall not constitute approval of a second unit and such kitchen shall not be so located as to facilitate the establishment of the second independent dwelling including a servant's quarters. �roo Section. 22.42.130. Radio and television antenna and wireless telecommunicatio ns antenna facilities . The proposed modification is a result of the Planning Commission's concern regarding telecommunicatio ns facilities that are defined as "antenna farms" in residential zones ILI on developed or undeveloped proper ties. As the Code is currently written, it is possible to have an "antenna farm" on such properties. Current: (g) Wireless telecommunicatio ns antenna facility approval process. (4) Conditional use permit. All wireless telecommunications antenna facilities other than those meeting the criteria for an administrativ a review approval or minor conditional use permit specified above must be authorized by a conditional use permit. These facilities may be located in any zone, provided that the facility is in compliance with the following requirements: a. Narrative. The applicant must provide a written narrative describing why the facility does not meet the criteria for an administrative review or minor conditional use permit. b. Development standards. The facility will be located, constructed, and maintained in accordance with all applicable development standards that are set forth below in paragraph (h) (Development standards). Recommended Amendment: (g) Wireless telecommunicatio ns antenna facility approval process. (4) Conditional use permit. All wireless telecommunications antenna facilities other than those meeting the criteria for an administrativ e review approval or minor conditional use permit specified above must be authorized by a conditional use permit. These facilities may be located in the OP, OB, CO, C-1, C-2, G3, and I zoning districts, or as identified on the city telecommunications facilities opportunities map. These facilities may be located in aaY MaRe residential zoning districts but on properties that do not contain residential structures (i.e., church properties, schools, water tanks or similar type facilities) , provided that the facility is in compliance with the following requirements: a. Narrative. The applicant must provide a written narrative describing why the facility does not meet the criteria for an administrative review or minor conditional use permit. b. Development standards. The facility will be located, constructed, and maintained in accordance with all applicable development standards that are set forth below in paragraph (h) (Development standards). 16 C. Wireless telecommunicatio ns antenna facilities shall only be located in residential zoning districts if on a church property, school, water tank, public property or similar type facilities. Wireless telecommunicatio ns antenna facilities shall not be located on residential properties developed with residential structures or sited for residential development. d. The siting of multiple antenna structures within the same parcel (known as"antenna farms") shall be prohibited. Multiple antennas attached to an existing or proposed freestanding antenna support structure (know as "piggy- backing") is allowed. %. Article V �rao Section. 22.68.030. Restrictions on non -c onforming structures. Typographical error initiated this proposed modification. Current: (a) Building envelope exemptions. Astructure shall not be deemed nonconforming if the structure fails to conform to the building envelope regulations (e.g., height, or setback requirements) identified in article V (Zoning Districts and Allowable Land Uses). Recommended Amendment: (a) Building envelop exemptions-. A structure shall robe deemed nonconforming if the structure fails to conform to the building envelope regulations (e.g., height efsetback requirements, orlot coverage, ) identified in Article VII, TABLE 2- 4, RESIDENTIAL DISTRICT GENERAL DEVELOPMENT STANDARDS, TABLE 2-7, COMMERCIAL/INDUS TRIAL RESIDENTIAL DISTRICT GENERAL DEVELOPMENT STANDARDS and Article Ill, TABLE 2-15, REQUIRED SETBACKS -ACCESSORY USES AND STRUCTURES. CONCLUSION: The purpose of the Development Code is to implement the policies of the City's General Plan by classifying and regulating the uses of land and structures within the City. In addition, the Development Code protects and promotes the public health, safety, and general welfare of the residents, and preserves and enhances the aesthetic quality of the City. The Development Code provides standards for orderly growth and development and promotes a stable pattern of land uses. It is a tool utilized to implement land uses designated by the General Plan, thereby avoiding conflict between land uses. The Development Code assists 17 in protecting and maintaining property values, and conserving and protecting the City's natural resources. Furthermore, the Development Code facilitates in protecting the City's character, and social and economic stability, as well as assisting in maintaining a high quality of life without unduly high public or private costs for development or unduly restricting private enterprise, initiative, or innovative design. The Planning Commission and Staff believe that the standards set forth in the recommended amendment are in keeping with the purpose of the Development Code and will assist in ensuring a high quality of life and high level of safety. ENVIRONMENTAL ASSESSMENT: Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15070, the City has determined that a Negative Declaration is required for this project. Negative Declaration No. 2003-01 has been prepared. The Negative Declaration's review period began April 18, 2003 and ended May 7, 2003. NOTICE OF PUBLIC HEARING: Notice for this project was published in the Inland Valley Bulletin and San Gabriel Valley Tribune on August 11, 2003. Pursuant to Planning and Zoning Law Government Code Section 65091 (a)(3), if the num ber 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 newspa per of general circulation. The City placed a one -eight page display advertisement in the above mentioned newspapers of general circulation. Furthermore, public notices were posted in 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 Fabrics, 990 Diamond Bar Boulevard — Oak Tree Shopping Center, 1235 Diamond Bar Boulevard - Albertson's and Heritage Park) on August 10, 2003. Planning Commission Deliberation on Election/Temp orary Signs: On August 26, 2003, the Planning Commission reviewed the final section of Development Code Amendment 2003-01 pertaining to election/temp orary signs. After discussing this matter at the May 13, June 24, and July 8, 2003 Planning Commission meetings and at the August 13, 2003 meeting which included the City Attorney's input, the Planning Commission decided to retain the standards on temporary signs as currently presented in the Development Code. The following information will present the current standards related to temporary signs with strikethroughs and Italics utilized to delinea to deleted text and emphasize recommended text changes. 18 Article III Chapter 22.36 — Sipn Standards Section 22.36.050. Exemptions from sign permits. Current: (5) Temporary signs placed upon pubic property. The following provisions shall control the placement or proposed placement of signs on public property. a. No signs shall project over any public walkway, alley, street or public property except as may be expressly permitted pursuant to this section. On private property, in any outdoor area open to the pub lic, no portion of any sign attached to the building and extending below a height of seven feet above ground level shall project more than six inches from the face of the building. b. Sign, other than those required for traffic safety or pursuant to law, shall be placed, located or maintained upon any center median of any street, or other improvement intended for utilization by vehicular traffic. C. No sign may be placed, located or maintained in, on or over any public walkway, parkway, alley, street orany other public property which interferes with the construction, maintenance or repair thereof or of any facility therein or thereon, including, but not limited to all landscape, hardscape, meters, or irrigation facilities. d. No sign shall be affixed to any trees or other plant materials located in any public walkway, parkway, alley, street or any other public property. e. No signs placed on public property pursuant to this Code shall contain more than sixsquare feet of sign area. Only one sign advertising, identifying, displaying, or directing or attracting attention to a particular idea or event shall be placed in the public right-of-way on each side of any single block. For the purpose of this section, "block" shall mean that portion of the street lying between the nearest two intersecting or intercepting streets. g. Any sign advertising, identifying, displaying, directing or attracting attention to, or conveying an idea related to an event which is to occur on a certain date shall not be placed in the public right-of-way more than 30 days prior to that date and shall be removed not later than 10 days after the date. 19 Recommended Amendment : The recommended text changes will prohibit all signs (except official traffic control, directional and identification signs) in the public right-of-way. The text also changes when election signs may be erected. The current standard is 30 days prior to an event. The recommended change is 60 days. The recommended text changes coincide with the City Attorney's advice and discussion atthe August 13, 2003 Planning Commission meeting. (Repeals Paragraph (5) of Section 22.36.050 referenced above and replaces itwith language in this section as referenced below.) (5) Election signs. Temporary signs pertaining to a local, State or national elections are permitted on private property subject to the following limitations: a. Signs shall not exceed six square feet in residential zones and twelve square feet in commerci al and industrial zones; b. If freestanding on the ground, signs shall not be more than five feet in height; C. If mounted on a building, signs shall not project more than two feet from the building; d. Signs shall not be erected on utility poles, traffic signals, traffic signs, meters, tree wells, trees or other living things; e. Signs shall be erected no more than sixty days prior to the election to which they relate, and must be removed within ten days after the election; f. Where a sign is erected on a vacant lot, or in a multi -tenant commercial center or in a location on a residential lot that is not visible from the residence, the candidate causing the sign to be erected shall upon request provide evidence to the city of the property owner's permission. Section 22.36.080. Prohibited signs. (Note: This section lists signs that are inconsistent with the purpose and standards ofth is chapter, therefor e, prohibited in all zoning districts) Current: (22) Signs on public property or projecting within the public -right -of way, except political signs and signs with an encroachment permit issued by the city; Recommended Amendment: (22) political signs and signs %vith ane-nrroaGhmant permit issued 'n the 20 public right-of-way, except official traffic control, directional and identification signs erected by the City or anothe r governmental agency with jurisdiction. Three Planning Commissioners expressed concerns about prohibiting all signs in the public right-of-way and erecting elections signs 60 da ys prior to an election. Two Planning Commissioners could accept the recommended amendment as represented above. After deliberation, the Commission voted to retain the existing code bya three/two vote. The information presented is an update for the City Council. Due to the time relationship between the City Council and Planning Commission meetings and the fact that the Planning Commission's recommendation was not known in advance, the amendment related to election/tempora rysigns was not advertised as a public hearing. As a result, the City Council can not take action on this matter. However, the City Council, at their discretion, may direct staff to prepare a public hearing notice so that this matter can bepresented ata future date. WWoWEIV082 cyif Ann J. Lungu, Associate Planner James DeStefano, Deputy City Manager Attachments: Ordinance No. XX (2003) Planning Commission Resolution Nos. 2003-12 and 2003-21 recommending approval to City Council for Development Code Amendment No. 2003-01; Negative Declaration No. 2003-01; and Planning Commission Minutes dated May 13, 2003, June 24, 2003 and July 8, 2003. 21 la1 Article III ORDINANCE NO.__ (2003) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ADOPTING DEVELOPMENT CODE AMENDMENT NO. 2003- 01 AND AMENDING THE DIAMOND BAR MUNICIPAL CODE AND ADOPTING NEGATIVE DECLARATION NO. 2003-01. RECITALS . On July 25, 1995, the City of Diamond Bar adopted its General Plan. The General Plan establishes goals, objectives and strategies to implement the community's vision for its future. On November 3, 1998, the City of Diamond Bar adop ted a Development Code. Title 22 of the Diamond Bar Municipal Code contains the Development Code now currently applicable to the development applications within the City of Diamond Bar. 3. Administering the Development Code for almost five 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: 23 ARTICLE V Section 22.16.090 - Setback Regulations and Exceptions: Amendment relates to setbacks for walls and fences on a reverse corner lot. Section 22.30.080 - Driveways and Site Access: Amendment relates to the pavement width of driveway in a single-family residentia I zoning district. Section 22.34.030 - Single -Family Standards: Amendment relates to landscape maintenance standards for slopes. Section 22.34.040 - Multi -Family Standards: Amendment relates to landscape maintenance standards for slopes. Section 22.34.050 - Commercial Standards: Amendment relates to landscape maintenance standards for slopes. Section 22.34.060 - Industrial Standards : Amendment relates to landscape maintenance standards for slopes. Sections 22.38.010 - Tree Preservation and Protection : Amendment relates to the preservation ofnaturalized California pepper trees. Sections 22.38.030 — Tree Preservation and Protection : Amendment relates to the preservation ofnaturalized California pepper trees. Sections 22.38.060 — Tree Preservation and Protection : Amendment relates to the preservation ofnatura lized California pepper trees. Section 22.42.060 - Guest Houses: Amendment relates to lot coverage for guest houses. Section 22.42.110, Table 3-15 - Residential Accessory Uses and Structures: Amendment relates to setbacks fora tennis court and guesthouse. Section 22.42.110 - Residential Accessory Uses and Structures: Amendment relates to the maximum height of tennis court fencing. Section 22.42.120 - Secondary Housing Units: Amendment relates to changing the current Minor Conditional Use process to a ministerial review process to comply with Government Code 65852.2. Section 22.42.130 - Radio and Television Antenna and Wireless Telecommunicatio ns Antenna Facilities. Amendment relates to the number oftelecommunica tions facilities on a parcel in residential zoning districts. Section 22.68.030 - Restrictions on Non- Conforming Structures: Amendment relates to when a structure shall be deemed non -conforming. 24 4. The Planning Commission of the City of Diamond Bar on May 13, 2003, June 24, 2003 and July 18, 2003 conducted a duly noticed public hearing with regard to the Development Code amendment. The Planning Commission concluded the public hearing on a portion of the Development Code Amendment on May 13, 2003 and on the remaining portion of the Development Code Amendment concluded the public hearing on July 8, 2003 and recommended approval of said amendment to the City Council. Notification of the public hearing for consideration of Development Code Amendment No. 2003-01 was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers on August 11, 2003. Pursuant to Planning and Zoning Law Government Code Section 65091 (a)(3), if the number of property owners to whom a publ is hearing notice would be mailed is greater than 1,000, a local agency may provide notice by placing a display advertisement of at least one -eight page in at least one newspaper of general circulation. The City placed a one -eight page display advertisement in the above mentioned newspapers of general circulation. Furthermore, public notices were posted in 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 Fabrics, 990 Diamond Bar Boulevard — Oak Tree Shopping Center, 1235 Diamond Bar Boulevard -Albertson's and Heritage Park) on August 10, 2003. On September 2, 2003, the City Counc it of the City of Dia mond Bar conducted a duly noticed public hearing with regard to the Development Code Amendment. At that time, the City Council concluded the public hearing. Following due considerati on of public testimony, staff analysis and the Planning Commission's recommendation, the City Council finds that the Development Code amendment set forth herein is consistent with the General Plan. 8. The City Council hereby finds that there is no substantial evidence that the Development Code amendments will have a significant effect on the environment and therefore Negative Declaration No. 2003-01 has been prepared, pursuant to the requirements of the California Environmental Quality Act (CEQA) of 1970, as amended, and guidelines promulgated thereunder, pursuant to Section 15070 of Article 19 of Chapter 3, Title 14 of the California Code of Regulations. The City Council hereby specifically finds and determines that, having considered the record as a whole, including the finding set forth below, there is no evidence before this City Council that the Development Code amendments proposed herein will have the potential of an adverse effect on the wildlife resources or the habitat upon which the wildlife depends . Based upon W substantial evidence, this City Council hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. B. Ordinance . uses. NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby ordain as follows: %o Section 22.16.090. Setba ck regulations and exceptions of Article III, Title 22 of the City of Diamond Bar Municipal Code is here by amended to read as follows: 8. Fences and Walls. a. On a reverse corner lot, setbacks for fences and walls higher than 42 inches and not exceeding six feet in height shall comply with setbacks as described in Table 2-4. The Director may reduce the required ten -foot setback to a minimum five feet for fences and walls on a reverse corner lot where a clear line of site is maintained for vehicular and pedestrian traffic. %o Section 22.30.080. Driveways and site access of Article III, Title 22 of the City of Diamond Bar Municipal Code is here by amended to read as follows: (5) Driveway width and length. a. Single-family 1. Driveways are intended only to provide access to required off-street parking spaces in garages. No other paving, except walkways, shall be allowed within the front yard area. An extension of the primary driveway may be approved if the pavement width of the extension does not exceed 12 feet, is located toward the nearest side or rear yard and the total hardscape area of the front yard does not exceed 50 percent of the existing front yard area. Front yard area shall be measured from the front property line to the front building line. 26 Front Yard %o Subsection (d) of Section 22.34.030. Single-family standards of Article III, Title 22 of the City of Diamond Bar Municipal Code is hereby amended and Subsection (1) is hereby added to Section 22.34.030. Subsection (d) to read as follows: (d) Landscape maintenance. Yard, setback and slope areas shall be landscaped with lawn, trees, shrubs, or other plant material, and shall be permanently maintained in a neat and orderly manner and substantially free of weeds, debris, dead, diseased or dying vegetation, and broken or defective decorative elements of the landscaped area. Foliage in landscaped areas shall be mowed, groomed, trimmed, pruned and adequately watered so as to maintain healthy growing conditions and not detract from the appearance of the immediate neighborhood. Irrigation systems shall be maintained to prevent public health or safety hazards. opes adjacent to a public highway shall be maintained in a neat and clean manner, free of weeds and debris. A public highway shall include local streets, the entire width of every highway including all portions dedicated for highway purposes, such as the sidewalks, parkways and roadways. Said slopes shall be watered manually or by way of an automatic irrigation system. Plant material shall be both aesthetic and functional. Plant material shall be neatly trimmed and shall not encroach into the public right-of-way. Erosion control methods shall be utilized to maintain slope stability. Groundcover shall substantially cover a slope within two years of planting. Walls, fences and/or slope plant material shall be maintained in a manner that does not detract from the appearance of the immediate 27 neighborhood. Overgrown vegetation that harbors rats or other vermin, or attains such growth as to become a fire hazard when dry or that is otherwise noxious, dangerous or unsightly shall be prohibited. Failure to maintain said slopes in the manner described is declared unlawful and a public nuisance endangering the health, safety and general welfare of the public and detrimental to the surrounding community and shall be abated pursuant to Section 22.34.070. %o Subsection (e) of Section 22.34.040. Multi -family standards of Article III, Title 22 of the City of Diamond Bar Municipal Code is hereby amended and Subsection uis hereby added to Section 22.34.040, Subsection (e) to read as follows : (e) Landscape maintenance. Yard, setback and slope areas shall be landscaped with lawn, trees, shrubs, or other plant material, and shall be permanently maintained in a neat and orderly manner and substantially free of weeds, debris, dead, diseased or dying vegetation, and broken or defective decorative elements of the landscaped area. Foliage in landscaped areas shall be mowed, groomed, trimmed, pruned and adequately watered so as to maintain healthy growing conditions and not detract from the appearance of the immediate neighborhood. Irrigation systems shall be maintained to prevent public health or safety hazards. opes adjacent to a public highway shall be maintained in a neat and clean manner, free of weeds and debris. A public highway shall include local streets, the entire width of every highway including all portions dedicated for highway purposes, such as the sidewalks, parkways and roadways. Said slopes shall be watered manually or by way of an automatic irrigation system. Plant material shall be both aesthetic and functional. Plant material shall be neatly trimmed and shall not encroach into the public right-of-way. Erosion control methods shall be utilized to maintain slope stability. Groundcover shall substantially cover a slope within two years of planting. Walls, fences and/or slope plant material shall 28 be maintained in a manner that does not detract from the appearance of the immediate neighborhood. Overgrown vegetation that harbors rats or other vermin, or attains such growth as to become a fire hazard when dry or that is otherwise noxious, dangerous or unsightly shall be prohibited. Failure to maintain said slopes in the manner described is declared unlawful and a public nuisance endangering the health, safety and general welfare of the public and detrimental to the surrounding community and shall be abated pursuant to Section 22.34.070. %o Subsection (d) of Section 22.34.050. Commercial standards of Article III, Title 22 of the City of Diamond Bar Municipal Code is hereby amended and Subsection (1) is hereby added to Section 22.34.050, Subsection (d) to read as follows: (d) Landscape maintenance. Yard, setback and slope areas shall be landscaped with lawn, trees, shrubs, or other plant material, and shall be permanently maintained in a neat and orderly manner and substantially free of weeds, debris, dead, diseased or dying vegetation, and broken or defective decorative elements of the landscaped area. Foliage in landscaped areas shall be mowed, groomed, trimmed, pruned and adequately watered so as to maintain healthy growing conditions and not detract from the appearance of the immediate neighborhood. Irrigation systems shall be maintained to prevent public health or safety hazards. opes adjacent to a public highway shall be maintained in a neat and clean manner, free of weeds and debris. A public highway shall include local streets, the entire width of every highway including all portions dedicated for highway purposes, such as the sidewalks, parkways and roadways. Said slopes shall be watered manually or by way of an automatic irrigation system. Plant material shall be both aesthetic and functional. Plant material shall be neatly trimmed and shall not encroach into the public right-of-way. Erosion control methods shall be utilized to maintain slope stability. Groundcover shall substantially cover a slope within two years of planting. Walls, fences and/or slope plant material shall be maintained in a manner that does not detract from the appearance of the immediate neighborhood. Overgrown vegetation that harbors rats or other vermin, or attains such growth as to become a fire hazard when dry or that is otherwise noxious, dangerous or unsightly shall be prohibited. Failure to maintain said slopes 29 in the manner described is declared unlawful and a public nuisance endangering the health, safety and general welfare of the public and detrimental to the surrounding community and shall be abated pursuant to Section 22.34.070. %o Subsection (d) of Section 22.34.060. Industrial standards of Article III, Title 22 of the City of Diamond Bar Municipal Code is hereby amended and Subsection JUis hereby added to Section 22.34.060, (d) to read as follows: (d) Landscape maintenance. Yard, setback and slope areas shall be landscaped with lawn, trees, shrubs, or other plant material, and shall be permanently maintained in a neat and orderly manner and substantially free of weeds, debris, dead, diseased or dying vegetation, and broken or defective decorative elements of the landscaped area. Foliage in landscaped areas shall be mowed, groomed, trimmed, pruned and adequately watered so as to maintain healthy growing conditions and not detract from the appearance of the immediate neighborhood. Irrigation systems shall be maintained to prevent public health or safety hazards. opes adjacent to a public highway shall be maintained in a neat and clean manner, free of weeds and debris. A public highway shall include local streets, the entire width of every highway including all portions dedicated for highway purposes, such as the sidewalks, parkways and roadways. Said slopes shall be watered manually or by way of an automatic irrigation system. Plant material shall be both aesthetic and functional. Plant material shall be neatly trimmed and shall not encroach into the public right-of-way. Erosion control methods shall be utilized to maintain slope stability. Groundcover shall substantially cover a slope within two years of planting. Walls, fences and/or slope plant material shall be maintained in a manner that does not detract from the appearance of the immediate neighborhood. Overgrown vegetation that harbors rats or other vermin, or attains such growth as to become a fire hazard when dry or that is otherwise noxious, dangerous or unsightly shall be prohibited. Failure to maintain said slopes in the manner described is declared unlawful and a public nuisance endangering the health, safety and general welfare of the public and detrimental to the surrounding community and shall be abated pursuant to Section 22.34.070. %o Section 22.38.010. Purpose of Article III, Title 22 of the City of Diamond Bar Municipal Code is here by amended to read as follows: 30 General Plan, as the overall policy document for the City, requires the preservation and maintenance of native trees including oak, walnut, sycamore, willow, significant trees of cultural or historical value and pepper trees where appropriate. The purpose of this Chapter is to protect and preserve these trees and when removal is allowed as a result of new development to require their replacement. %o Section 22.38.030. Protected Trees of Article III, Title 22 of the City of Diamond Bar Municipal Code is here by amended to read as follows: A. A protected tree is any of the following: Native oak, walnut, sycamore and willow trees with a DBH of eight inches or greater; pepper trees with a DBH of eight inches or greater where appropriate; %o Section 22.38.060. Exemptions of Article III, Title 22 of the City of Diamond Bar Municipal Code is here by amended to read as follows: (8) Native oak, walnut, sycamore, willow, or pepper trees located upon a lot 1/ acre or less are exempted from these regulations. %o Section 22.42.060. Guest houses of Article III, Title 22 of the City of Diamond Bar Municipal Code is here by amended to read as follows: Parcel coverage. The guest houses, along with the main dwelling and any other accessory structures, shall not exceed an overall parcel coverage as required in the zoning districts specified in Table 2-4. %o Section 22.42.110. Residential accesso ry uses and structures. Table 3-5 of Article III, Title 22 of the City of Diamond Bar Municipal Code is here by amended by inserting the following standards to read as follows: TABLE 3-15 REQUIRED SETBACKS -ACCESSORY USES AND STRUCTURES Ainnla-Family nafnrharl Wnmac Accessory Structure Type of Setback Required Setback s Tennis Court Sides, rear' Street side Front 10 feet As required for main structure As required for main structure 31 (7) Guest house Sides, rear' As required for main structure Street side As required for main structure REQUIRED SETBACKS -ACCESSORY USES AND STRUCTURES Mnl4i_FamiIu Affarhprl/nPfnrha d Hnmas Accessory Structure Type of Setback Required Setback 2 Tennis Court Sides, rear' Street side Front 10 feet As required for main structure As required for main structure %o Section 22.42.110. Residential accessory uses and structures of Article III, Title 22 of the City of Diamond Bar Municipal Code is here by amended to read as follows: Tennis and other recreational courts. Noncommercial outdoor tennis courts and courts for other sports (e.g., racquetball etc.) accessory to a residential use are subject to the following requirements: a. Fencing. Shall not exceed a maximum height of ten feet. When retaining walls/wall are utilized to create the tennis court pad, the maximum total height of fencing and wall together shall not exceed ten feet. %o Section. 22.42.120. Secondary housing units of Article III, Title 22 of the City of Diamond Bar Municipal Code is here by amended to read as follows: units. This section provides standards for the establishment of secondary residential (1) Secondary residential units may be allowed in the zoning districts specified in Section 22.08.030 (Residen tial district land uses and permit requirements) subject to the approval of the Director. The applicant shall be the owner and resident of the main dwelling. (2) Number of units allowed. Only one secondary dwelling unit shall be allowed on a single-family parcel. 32 (3) Site requirements. The parcel proposed for a second dwelling unit shall comply with all the following requirements: a. The parcel shall have a minimum area of 10,000 square feet, a minimum width of 50 feet, a minimum depth of 100 feet, and a minimum buildable pad size of 400 square feet, exclusively for the secondary units; and b. The parcel shall be developed with only one existing owner - occupied single-family detached main dwelling unit. (4) Location of secondary unit. A secondary dwelling unit may be within, attached to, or detached from the existing main dwelling unit. If detached, the secondary unit shall be separated from the main dwelling unit a minimum of 10 feet. (5) Design standards. Asecond dwelling unit shall: a. Have a floor area not exceeding 30 percent of the existing living area of the main dwelling for an attached unit, or 1,200 square feet to the floor area for a detached unit; b. Be architecturally compatib lewith the main dwelling units; c. Comply with heightened setback requirements for the main dwelling; d. Contain separate kitchen and bathroom facilities and have a separate entrance from the main dwelling. (6) Parking. The secondary dwelling unit shall provide one covered off- street parking space in a carport or garage, in addition to the required parking for the main dwelling unit, in compliance with Chapter 22.30 (Off - Street Parking and Lo ailing Standards). (7) Rental of units. A secondary dwelling unit may be rented, although rental is not required. (9) Compatibility. The secondary dwelling unit shall be compatible with the design of the main dwelling unit and the surrounding neighborhood in terms of scale, exterior treatment , height, setbacks and landscaping and shall not sufficiently change the character of the surrounding residential neighborhood. (9) Second kitchens shall be permitted within the Rural Residential (RR) zone in single-family residences that are a minimum of 6,000 square feet 33 in floor area. A second kitchen shall not constitute approval of a second unit and such kitchen shall not be so located as to facilitate the establishment of the second independent dwelling including a servant's q u a rters. %o Subsection (g) (4) of Section 22.42. 130. Radio and television antenna and wireless telecommunicatio ns antenna facilities of Article III, Title 22 of the City of Diamond Bar Municipal Code is hereby amended to read as follows: (g) Wireless telecommunicatio ns antenna facility approval process. (4) Conditional use permit. All wireless telecommunicatio ns antenna facilities other than those meeting the criteria for an administrativ e review approval or minor conditional use permit specified above must be authorized by a conditional use permit. These facilities may be located in the OP, OB, CO, C-1, C-2, C-3, and I, zoning districts, or as identified on the city telecommunicatio ns facilities opportunities map. These facilities may be located in residential zoning districts but on properties that do not contain residential structures (i.e., church properties , schools, water tanks or similar type facilities), provided that the facility is in compliance with the following requirements: a. Narrative. The applicant must provide a written narrative describing why the facility does not meet the criteria for an administrative review orminor conditional use permit. b. Development standards. The facility will be located, constructed, and maintained in accordance with all applicable development standards that are set forth below in paragraph (h) (Development standards). C. Wireless telecommunications antenna facilities shall only be located in residential zoning districts if on a church property, school, water tank, public property, or similar type facilities. Wireless telecommunications antenna facilities shall not be located on residential properties developed with residential structures or sited for residential development. The siting of multiple antenna structures within the same parcel (know as "antenna farms") shall be prohibited. Multiple antennas attached to an existing or proposed freestanding antenna support structure (know as "piggy- backing") is allowed. %o Section. 22.68.030. Restrictions on non-conformin a structures of Article 34 V, Title 22 of the City of Diamond Bar Municipal Code is here by amended to read as follows: (a) Building envelope. A structure shall be deemed nonconforming if the structure fails to conform to the building envelope regulations (e.g., lot coverage, height, or setback requirements) identified in Article II, TABLE 2-4, RESIDENTIAL DISTRICT GENERAL DEVELOPMENT STANDARDS, TABLE 2-7, COMMERCIAL/INDUS TRIAL RESIDENTIAL DISTRICT GENERAL DEVELOPMENT STANDARDS and Article III, TABLE 3-15, REQUIRED SETBACKS - ACCESSORY USES AND STRUCTURES. PASSED, APPROVED AND ADOPTED THIS DAY OF 2003 , BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR. Carol Herrera, Mayor I, Nancy B. Whitehouse, Acting City Clerk of the City of Diamond Bar do hereby certify that the foregoing Ordinance was introduced ata regular meeting of the City Council of the City of Diamond Bar held on the _____ day of ________2003 and was finally passed ata regular meeting of the City Council of the City of Diamond Bar held on the _____ day of________ 2003, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Nancy B. Whitehouse Acting City Clerk 35 ❑ Section 22.42.060 - Guest Houses: Amendment relates to lot coverage for guest houses. ❑ Section 22.42.110, Table 3-15 -Residential Accessory Uses and Structures: Amendment relates to setbacks for a tennis court and guesthouse. ❑ Section 22.42.110 - Residential Accessory Uses and Structures: Amendment relates to the maximum height of tennis court fencing. ❑ Section 22.42.120 - Secondary Housing Units: Amendment relates to changing the current Minor Conditional Use process to a ministerial review process to comply with Government Code 65852.2. ❑ Section 22.42.130 - Radio and Television Antenna and Wireless Telecommunications Antenna Facilities. Amendment relates to the number of telecommunications facilities on a parcel in residential zoning districts. ARTICLE V ❑ Section 22.68.030 - Restrictions on Non -Conforming Structures: Amendment relates to when a structure shall be deemed non -conforming. On May 13, 2003, the Planning Commission, at a public hearing, began reviewing the proposed modifications to the above reference Development Code articles and sections. Discussions continued to June 24, 2003 and July 8, 2003. On May 13, 2003, the Planning Commission recommended approval of a portion of the proposed amendment and on July 8, 2003 recommended approval to City Council of the remaining portion of the proposed amendment. Attached are Planning Commission Resolution Nos. 2003-12 and 2003-21 which reflect the recommendations. DISCUSSION: The City of Diamond Bar's Development Code became effective December 1998. Since then, several Development Code Amendments presented to the Planning Commission and City Council have been adopted. As the staff implements the Development Code, it becomes evident from time to time that amendments are needed in order to continue to better serve the City, residents and the development community or to comply with changes in State law. State law, Planning Commission's request, staff's experience and typographical errors prompted the amendment presented in this staff report. As a result, the City of Diamond Bar is requesting approval of Development Code Amendment No. 2003-01 in order to amend the following Articles, Sections and Table of the Development Code: PA Article III Note: (Italic/bold delineates recommended amendment.) (Strikeout/bold delineates deletions.) ❑ Chapter 22.16 - General Property Development and Use Standards ❑ Section 22.16.090. Setback regulations and exceptions. This proposed modification relates to typographical error in this section of the Development Code. Current: 8. Fences and Walls. a. On a reverse corner lot, setbacks for fences and walls higher than 42 inches and not exceeding six feet in height shall comply with setbacks as described in Table 2-4. The Director may reduce the required 15 -foot setback to a minimum ten feet for fences and walls on a reverse corner lot where a clear line of site is maintained for vehicular and pedestrian traffic. Recommended Amendment: 8. Fences and Walls. a. On a reverse corner lot, setbacks for fences and walls higher than 42 inches and not exceeding six feet in height shall comply with setbacks as described Table 2-4. The Director may reduce the required I5 -feet ten - foot setback to a minimum tern -feet five feet for fences and walls on a reverse corner lot where a clear line of site is maintained for vehicular and pedestrian traffic. ❑ Chapter 22.30 — Off -Street Parking and Loading Standards ❑ Section 22.30.080. Driveways and site access. The City receives many requests from residents to widen driveways. This is a common request that has currently gained popularity due to the City's street sweeping program and related street parking restrictions. The Code currently allows driveways two feet wider than the garage opening. A request for a wider driveway requires approval of a Minor Conditional Use Permit which is a public hearing with a $1,000.00 deposit. The proposed Code 3 modification will allow a resident to reasonably widen the driveway as specified and require that 50 percent of the front yard be landscaped. Widening the driveway more than allowed by the proposed amendment would require a Minor Conditional use Permit. Current: (5) Driveway width and length. a. Single-family uses. 1. Driveways are intended only to provide access to required off- street parking spaces in garages. No other paving, except walkways shall be allowed within the front yard area. Recommended Amendment: (5) Driveway width and length. a. Single-family uses. Driveways are intended only to provide access to required off- street parking spaces in garages. No other paving, except walkways, shall be allowed within the front yard area. An extension of the primary driveway may be approved if the pavement width of the extension does not exceed 12 feet, is located toward the nearest side or rear yard and the total hardscape area of the front yard does not exceed 50 percent of the existing front yard area. Front yard area shall be measured from the front property line to the front building line. � I rizo►�T YAIK r> C `s rrz a T Front Yard .19 ❑ Chapter 22.34 - Property Maintenance Standards ❑ Section 22.34.030. Single-family standards. With the City's proactive Neighborhood Improvement Program, maintenance of slopes on private property adjacent to a public highway has become a matter of concern. The Development Code does not offer any standards specific to this issue. The above recommended amendment for slope maintenance will offer guidelines to assist private property owners and the Neighborhood Improvement Offices with obtaining the City's goal of enhancing the quality of life for residents. Additionally, by maintaining slopes adjacent to a public highway, property values are preserved or increased, visual quality and character of Diamond Bar is enhanced and slopes are protected from erosion and/or failure. Current: (d) Landscape maintenance. Yards and setback areas shall be landscaped with lawn, trees, shrubs, or other plant material, and shall be permanently maintained in a neat and orderly manner and substantially free of weeds, debris and dead, diseased or dying vegetation and broken or defective decorative elements of the landscaped area. Foliage in landscaped areas shall be mowed, groomed, trimmed, pruned and adequately watered so as to maintain healthy growing conditions so as not to detract from the appearance at the immediate neighborhood. Irrigation systems shall be maintained to prevent public health or safety hazards. Recommended Amendment: (d) Landscape maintenance. Yards and setback areas shall be landscaped with lawn, trees, shrubs, or other plant material, and shall be permanently maintained in a neat and orderly manner and substantially free of weeds, debris and dead, diseased or dying vegetation and broken or defective decorative elements of the landscaped area. Foliage in landscaped areas shall be mowed, groomed, trimmed, pruned and adequately watered so as to maintain healthy growing conditions se -4s and not to detract from the appearance at the immediate neighborhood. Irrigation systems shall be maintained to prevent public health or safety hazards. (1) Slopes adjacent to a public highway shall be maintained in a neat and clean manner, free of weeds and debris. A public highway shall include local streets, the entire width of every highway including all portions dedicated for highway purposes, such as the sidewalks, parkways and roadways. Said slopes shall be watered manually or by way of an automatic irrigation system. Plant material shall be neatly trimmed and shall not encroach into the public right-of-way. Erosion control methods shall be utilized to maintain slope stability. Groundcover shall substantially cover a slope within two years of planting. Walls, fences and/or slope plant material shall be maintained in a manner that does not detract from the appearance of the immediate neighborhood. Overgrown vegetation that harbors rats or other vermin, or attains such growth as to be come a fire hazard when dry or that is otherwise noxious, dangerous or unsightly shall be prohibited. Failure to maintain said slopes in the manner described is declared unlawful and a public nuisance endangering the health, safety and general welfare of the public and detrimental to the surrounding community and shall be abated pursuant to Section 22.34.070. ❑ Section 22.34.040. Multi -family standards. Current• (e) Landscape maintenance. Yards and setback areas shall be landscaped with lawn, trees, shrubs, or other plant material, and shall be permanently maintained in a neat and orderly manner and substantially free of weeds, debris and dead, diseased or dying vegetation and broken or defective decorative elements of the landscaped area. Foliage in landscaped areas shall be mowed, groomed, trimmed, pruned and adequately watered so as to maintain healthy growing conditions so as not to detract from the appearance at the immediate neighborhood. Irrigation systems shall be maintained to prevent public health or safety hazards. Recommended Amendment: (e) Landscape maintenance. Yards and setback areas shall be landscaped with lawn, trees, shrubs, or other plant material, and shall be permanently maintained in a neat and orderly manner and substantially free of weeds, debris and dead, diseased or dying vegetation and broken or defective decorative elements of the landscaped area. Foliage in landscaped areas shall be mowed, groomed, trimmed, pruned and adequately watered so as to maintain healthy growing conditions soasand not to detract from the appearance at the immediate neighborhood. Irrigation systems shall be maintained to prevent public health or safety hazards. (1) Slopes adjacent to a public highway shall be maintained in a neat and clean manner, free of weeds and debris. A public highway shall include local streets, the entire width of every highway including all portions dedicated for highway purposes, such as the sidewalks, parkways and roadways. Said slopes shall be watered manually or by way of an automatic irrigation system. Plant material shall be neatly trimmed and shall not encroach into the public right-of-way. Erosion control methods shall be utilized to maintain slope stability. Groundcover shall substantially cover a slope within two years of planting. Walls, fences and/or slope plant material shall be maintained in a manner that does not detract from the appearance 6 of the immediate neighborhood. Overgrown vegetation that harbors rats or other vermin, or attains such growth as to be come a fire hazard when dry or that is otherwise noxious, dangerous or unsightly shall be prohibited. Failure to maintain said slopes in the manner described is declared unlawful and a public nuisance endangering the health, safety and general welfare of the public and detrimental to the surrounding community and shall be abated pursuant to Section 22.34.070. ❑ Section 22.34.050. Commercial standards. Current: (d) Landscape maintenance. Yards and setback areas shall be landscaped with lawn, trees, shrubs, or other plant material, and shall be permanently maintained in a neat orderly manner and substantially free of weeds, debris and dead, diseased or dying vegetation and broken or defective decorative elements of the landscaped area. Foliage in landscaped areas shall be mowed, groomed, trimmed, pruned and adequately watered so as to maintain healthy growing conditions so as not to detract from the appearance at the immediate neighborhood. Irrigation systems shall be maintained to prevent public health or safety hazards. Recommended Amendment: (d) Landscape maintenance. Yards and setback areas shall be landscaped with lawn, trees, shrubs, or other plant material, and shall be permanently maintained in a neat and orderly manner and substantially free of weeds, debris and dead, diseased or dying vegetation and broken or defective decorative elements of the landscaped area. Foliage in landscaped areas shall be mowed, groomed, trimmed, pruned and adequately watered so as to maintain healthy growing conditions so as and not to detract from the appearance at the immediate neighborhood. Irrigation systems shall be maintained to prevent public health or safety hazards. (1) Slopes adjacent to a public highway shall be maintained in a neat and clean manner, free of weeds and debris. A public highway shall include local streets, the entire width of every highway including all portions dedicated for highway purposes, such as the sidewalks, parkways and roadways. Said slopes shall be watered manually or by way of an automatic irrigation system. Plant material shall be neatly trimmed and shall not encroach into the public right-of-way. Erosion control methods shall be utilized to maintain slope stability. Groundcover shall substantially cover a slope within two years of planting. Walls, fences and/or slope plant material shall be maintained in a manner that does not detract from the appearance of the immediate neighborhood Overgrown vegetation that harbors rats or other vermin, or attains such growth as to be come 7 a fire hazard when dry or that is otherwise noxious, dangerous or unsightly shall be prohibited. Failure to maintain said slopes in the manner described is declared unlawful and a public nuisance endangering the health, safety and general welfare of the public and detrimental to the surrounding community and shall be abated pursuant to Section 22.34.070. ❑ Section 22.34.060. Industrial standards. Current: (d) Landscape maintenance. Yards and setback areas shall be landscaped with lawn, trees, shrubs, or other plant material, and shall be permanently maintained in a neat and orderly manner and substantially free of weeds, debris and dead, diseased or dying vegetation and broken or defective decorative elements of the landscaped area. Foliage in landscaped areas shall be mowed, groomed, trimmed, pruned and adequately watered so as to maintain healthy growing conditions so as not to detract from the appearance at the immediate neighborhood. Irrigation systems shall be maintained to prevent public health or safety hazards. Recommended Amendment: (d) Landscape maintenance. Yards and setback areas shall be landscaped with lawn, trees, shrubs, or other plant material, and shall be permanently maintained in a neat and orderly manner and substantially free of weeds, debris and dead, diseased or dying vegetation and broken or defective decorative elements of the landscaped area. Foliage in landscaped areas shall be mowed, groomed, trimmed, pruned and adequately watered so as to maintain healthy growing conditions soasand not to --detract from the appearance at the immediate neighborhood. Irrigation systems shall be maintained to prevent public health or safety hazards. (1) Slopes adjacent to a public highway shall be maintained in a neat and clean manner, free of weeds and debris. A public highway shall include local streets, the entire width of every highway including all portions dedicated for highway purposes, such as the sidewalks, parkways and roadways. Said slopes shall be watered manually or by way of an automatic irrigation system. Plant material shall be neatly trimmed and shall not encroach into the public right-of-way. Erosion control methods shall be utilized to maintain slope stability. Groundcover shall substantially cover a slope within two years of planting. Walls, fences and/or slope plant material shall be maintained in a manner that does not detract from the appearance of the immediate neighborhood. Overgrown vegetation that harbors rats or other vermin, or attains such growth as to be come a fire hazard when dry or that is otherwise noxious, dangerous or unsightly shall be prohibited. Failure to maintain said slopes in the manner described is declared unlawful and a public nuisance endangering the health, safety and general welfare of the public and detrimental to the surrounding community and shall be abated pursuant to Section 22.34.070. ❑ Chapter 22.38 — Tree Preservation and Protection ❑ Section 22.38.010. Purpose. The Planning Commission requested this proposed modification because California pepper trees are not indigenous to California. This tree species is from South America, but is commonly found in lowland parts of California and Arizona. There is room for argument when it comes to their usefulness. California pepper trees can be messy, have scale infestation and greedy surface roots, and should not be planted between sidewalk and curb, near house foundations, patio paving, in lawns or near sewers or drains. However, when properly located and pruned, the California pepper tree can be impressive, graceful, and billowy and provide excellent shade. The City's General Plan states that "pepper" trees should be preserved and protected. The Development Code states that "naturalized native California pepper" trees shall be protected and preserved. This tree species is preserved and protected due to age and location in Diamond Bar. Considering the fact that the General Plan refers to "pepper' trees and this tree species is not native to California, the Planning Commission desires to identify them as "pepper" trees and preserve, protect and replace where appropriate. Current: General Plan, as the overall policy document for the City, requires the preservation and maintenance of native trees including oak, walnut, sycamore, willow, naturalized California Pepper and significant trees of cultural or historical value. The purpose of this Chapter is to protect and preserve these trees and when removal is allowed as a result of new development to require their replacement. Recommended Amendment: General Plan, as the overall policy document for the City, requires the preservation and maintenance of native trees including oak, walnut, sycamore, willow, naturalized eF and significant trees of cultural or historical value and pepper trees where appropriate. The purpose of this Chapter is to protect and preserve these trees and when removal is allowed as a result of new development to require their replacement. 6 ❑ Section 22.38.030. Protected Trees. Current: A. A protected tree is any of the following: 1. Native oak, walnut, sycamore, willow, and naturalized California Pepper trees with a DBH of eight inches or greater; Recommended Amendment: A. A protected tree is any of the following: 1. Native oak, walnut, sycamore and willow California Peppe trees with a DBH of eight inches or greater; and pepper trees with a DBH of eight inches or greater where appropriate; ❑ Section 22.38.060. Exemptions. Current: (8) Native oak, walnut, sycamore, willow, or naturalized Native California pepper trees located upon a loth acre or less are exempted from these regulations. Recommended Amendment: (8) Native oak, walnut, sycamore, willow, or pepper trees located upon a lot 1/2 acre or less are exempted from these regulations. ❑ Chapter 22.42 - Standards_ for Specific Land Uses. ❑ Section 22.42.060. Guest houses. This proposed modification is a result of a typographical error resulting in an inconsistency between Table 2-4 and written text in Section 22.42.060. Current: Parcel coverage. The guest houses, along with the main dwelling and any other accessory structures, shall not exceed an overall parcel coverage of 40 percent. Recommended Amendment: Parcel coverage. The guest houses, along with the main dwelling and any other accessory structures, shall not exceed an overall parcel coverage Gf 40 10 persewts as required in the zoning districts specified in Table 2-4. ❑ Section 22.42.110. Residential accessory uses and structures. The purpose of this modification is to clarify and simplify the permitting process for residents who desire tennis courts. The text modification is compatible with the generally accepted and practiced 10 foot height standard for tennis court fencing. (American Institute of Architects, Architectural Graphic Standard 10th Edition.) Current: (7) Tennis and other recreational courts. Noncommercial outdoor tennis courts and courts for other sports (e.g., racquetball etc.) accessory to a residential use are subject to the following requirements: a. Fencing. Shall be subject to the height limits of chapter 22.20 (Fences, Walls, and Hedges); Recommended Amendment: (7) Tennis and other recreational courts. Noncommercial outdoor tennis courts and courts for other sports (e.g., racquetball etc.) accessory to a residential use are subject to the following requirements: a. Fencing. Shall (FenGes, Walls, and Hedges)!, not exceed a maximum height of ten feet. When retaining walls/wall are utilized to create the tennis court pad, the maximum total height of fencing and wall together shall not exceed ten feet ❑ Section 22.42.110. Residential accessory uses and structures. Table 3-15 Setbacks for a tennis court and guest house are not specified in the Development Code. The purpose of this proposed modification is to specify the setbacks. Recommended Amendment: (Add the following to existing Table 3-15:) TABLE 3-15 REQUIRED SETBACKS - ACCESSORY USES AND STRUCTURES Single -Family Detached Homes Accessory Structure Type of Setback' Required Setback2 Tennis Court Sides, rea 10 feet Street side As required for main Front structure As required for main structure Guesthouse Sides, rea? As required for main Street side structure As required for main structure REQUIRED SETBACKS - ACCESSORY USES AND STRUCTURES Multi -Family, Attached/Detached Homes Accessory Structure Type of Setback' Required Setback2 Tennis Court Sides, rea 10 feet Street side As required for main Front structure As required for main structure ❑ Section. 22.42.120. Secondary housing units. Assembly Bill 1866 amends Government Code Sections 65583.1, 65852.2 and 65915 and requires that the public hearing/discretionary review process (Conditional Use Permit) be deleted. This law became effective July 1, 2003. Current: This section provides standards for the establishment of secondary residential units. (1) Minor conditional use permit required. Secondary residential units may be allowed in the zoning districts specified in section 22.08.030 (Residential district land uses and permit requirements) subject to the approval of a minor 12 conditional use permit (chapter 22.56) in compliance with this section. The applicant shall be the owner and resident of the main dwelling. (2) Number of units allowed. Only one secondary dwelling unit shall be allowed on a single-family parcel. (3) Site requirements. The parcel proposed for a second dwelling unit shall comply with all the following requirements: a. The parcel shall have a minimum area of 10,000 square feet, a minimum width of 50 feet, a minimum depth of 100 feet, and a minimum buildable pad size of 400 square feet, exclusively for the secondary units; and b. The parcel shall be developed with only one existing owner -occupied single-family detached main dwelling unit. (4) Location of secondary unit. A secondary dwelling unit may be within, attached to, or detached from the existing main dwelling unit. If detached, the secondary unit shall be separated from the main dwelling unit a minimum of 10 feet. (5) Design standards. A second dwelling unit shall: a. Have a floor area not exceeding 30 percent of the existing living area of the main dwelling for an attached unit, or 1,200 square feet to the floor area for a detached unit; b. Be architecturally compatible with the main dwelling units; C. Comply with heightened setback requirements for the main dwelling; d. Contain separate kitchen and bathroom facilities and have a separate entrance from the main dwelling. (6) Parking. The secondary dwelling unit shall be provided one covered off-street parking space in a carport or garage, in addition to that required for the main dwelling unit, in compliance with chapter 22.30 (Off -Street Parking and Loading Standards). (7) Rental of units. A secondary dwelling unit may be rented, although rental is not required. (8) Required findings for approval. The following findings shall be made, in addition to those in section 22.56.040 (Findings and decision), to approve a minor conditional use permit for a secondary dwelling unit: a. The secondary dwelling unit is compatible with the design of the main dwelling unit and the surrounding neighborhood in terms of scale, exterior treatment, height, setbacks and landscaping, and will not cause 13 excessive noise, traffic or other disturbances to the existing residential neighborhood, or result in significantly adverse effects on public services and resources; and b. The secondary dwelling unit will not contribute to a high concentration of these two units sufficient to change the character of the surrounding residential neighborhood. (9) Second kitchens shall be permitted within the rural residential (RR) zone in single-family residences that are a minimum of 6,000 square feet in floor area. A second kitchen shall not constitute approval of second unit and such kitchen shall not be so located as to facilitate the establishment of the second independent dwelling including a servant's quarters. Recommended Amendment: This section provides standards for the establishment of secondary residential units. (1) use peFmit FSqUiFed. Secondary residential units may be allowed in the zoning districts specified in Section 22.08.030 (Residential district land uses and permit requirements) subject to the approval of the Directora sest;Ien. The applicant shall be the owner and resident of the main dwelling. (2) Number of units allowed. Only one secondary dwelling unit shall be allowed on a single-family parcel. (3) Site requirements. The parcel proposed for a second dwelling unit shall comply with all the following requirements: a. The parcel shall have a minimum area of 10,000 square feet, a minimum width of 50 feet, a minimum depth of 100 feet, and a minimum buildable pad size of 400 square feet, exclusively for the secondary units; and b. The parcel shall be developed with only one existing owner -occupied single-family detached main dwelling unit. (4) Location of secondary unit. A secondary dwelling unit may be within, attached to, or detached from the existing main dwelling unit. If detached, the secondary unit shall be separated from the main dwelling unit a minimum of 10 feet. (5) Design standards. A second dwelling unit shall: a. Have a floor area not exceeding 30 percent of the existing living area of the main dwelling for an attached unit, or 1,200 square feet to the floor area for a detached unit; b. Be architecturally compatible with the main dwelling units; 14 C. Comply with heightened setback requirements for the main dwelling; d. Contain separate kitchen and bathroom facilities and have a separate entrance from the main dwelling. (6) Parking. The secondary dwelling unit shall be provide one covered off-street parking space in a carport or garage, in addition to that the required parking for the main dwelling unit, in compliance with Chapter 22.30 (Off -Street Parking and Loading Standards). (7) Rental of units. A secondary dwelling unit may be rented, although rental is not required. (8) Compatibility. The secondary dwelling unit shall be compatible with the design of the main dwelling unit and the surrounding neighborhood in terms of scale, exterior treatment, height, setbacks and landscaping and shall not sufficiently change the character of the surrounding residential neighborhood. Required findings for appFoyal. The In-ilowing findings shall be made, Th ser-andary dwelling unit a-a-mpatible with the de -Sign Gf the oghboFhGed, in ne ex sting Fes .- OF Fesult signiliGantly advefse (9) Second kitchens shall be permitted within the Rural Residential (RR) zone in single-family residences that are a minimum of 6,000 square feet in floor area. A second kitchen shall not constitute approval of a second unit and such kitchen shall not be so located as to facilitate the establishment of the second independent dwelling including a servant's quarters. Section. 22.42.130. Radio and television antenna and wireless telecommunications antenna facilities. The proposed modification is a result of the Planning Commission's concern regarding telecommunications facilities that are defined as "antenna farms" in residential zones 15 on developed or undeveloped properties. As the Code is currently written, it is possible to have an "antenna farm" on such properties. Current: (g) Wireless telecommunications antenna facility approval process. (4) Conditional use permit. All wireless telecommunications antenna facilities other than those meeting the criteria for an administrative review approval or minor conditional use permit specified above must be authorized by a conditional use permit. These facilities may be located in any zone, provided that the facility is in compliance with the following requirements: a. Narrative. The applicant must provide a written narrative describing why the facility does not meet the criteria for an administrative review or minor conditional use permit. b. Development standards. The facility will be located, constructed, and maintained in accordance with all applicable development standards that are set forth below in paragraph (h) (Development standards). Recommended Amendment: (g) Wireless telecommunications antenna facility approval process. (4) Conditional use permit. All wireless telecommunications antenna facilities other than those meeting the criteria for an administrative review approval or minor conditional use permit specified above must be authorized by a conditional use permit. These facilities may be located in the OP, OB, CO, C-1, C-2, C-3, and I zoning districts, or as identified on the city telecommunications facilities opportunities map. These facilities may be located in any ZeAe residential zoning districts but on properties that do not contain residential structures (i.e., church properties, schools, water tanks or similar type facilities), provided that the facility is in compliance with the following requirements: a. Narrative. The applicant must provide a written narrative describing why the facility does not meet the criteria for an administrative review or minor conditional use permit. b. Development standards. The facility will be located, constructed, and maintained in accordance with all applicable development standards that are set forth below in paragraph (h) (Development standards). 16 C. Wireless telecommunications antenna facilities shall only be located in residential zoning districts if on a church property, school, water tank, public property or similar type facilities. Wireless telecommunications antenna facilities shall not be located on residential properties developed with residential structures or sited for residential development. d. The siting of multiple antenna structures within the same parcel (known as "antenna farms") shall be prohibited. Multiple antennas attached to an existing or proposed freestanding antenna support structure (know as "piggy- backing") is allowed. ❑ Article V ❑ Section. 22.68.030. Restrictions on non -conforming structures. Typographical error initiated this proposed modification. Current: (a) Building envelope exemptions. A structure shall not be deemed nonconforming if the structure fails to conform to the building envelope regulations (e.g., height, or setback requirements) identified in article V (Zoning Districts and Allowable Land Uses). Recommended Amendment: (a) Building envelop exemptiGns. A structure shall rM be deemed nonconforming if the structure fails to conform to the building envelope regulations (e.g., height or setback requirements, or lot coverage, ) identified in Article "" ll, TABLE 2-4, RESIDENTIAL DISTRICT GENERAL DEVELOPMENT STANDARDS, TABLE 2-7, COMMERCIAL/ INDUSTRIAL RESIDENTIAL DISTRICT GENERAL DEVELOPMENT STANDARDS and Article Ill, TABLE 2-15, REQUIRED SETBACKS - ACCESSORY USES AND STRUCTURES. CONCLUSION: The purpose of the Development Code is to implement the policies of the City's General Plan by classifying and regulating the uses of land and structures within the City. In addition, the Development Code protects and promotes the public health, safety, and general welfare of the residents, and preserves and enhances the aesthetic quality of the City. The Development Code provides standards for orderly growth and development and promotes a stable pattern of land uses. It is a tool utilized to implement land uses designated by the General Plan, thereby avoiding conflict between land uses. The Development Code assists 17 in protecting and maintaining property values, and conserving and protecting the City's natural resources. Furthermore, the Development Code facilitates in protecting the City's character, and social and economic stability, as well as assisting in maintaining a high quality of life without unduly high public or private costs for development or unduly restricting private enterprise, initiative, or innovative design. The Planning Commission and Staff believe that the standards set forth in the recommended amendment are in keeping with the purpose of the Development Code and will assist in ensuring a high quality of life and high level of safety. ENVIRONMENTAL ASSESSMENT: Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15070, the City has determined that a Negative Declaration is required for this project. Negative Declaration No. 2003-01 has been prepared. The Negative Declaration's review period began April 18, 2003 and ended May 7, 2003. NOTICE OF PUBLIC HEARING: Notice for this project was published in the Inland Valley Bulletin and San Gabriel Valley Tribune on August 11, 2003. Pursuant to Planning and Zoning Law Government Code Section 65091 (a)(3), if the number of property owners to whom a public hearing notice would be mailed is greater than 1,000, a local agency may provide notice by placing a display advertisement of at least one -eight page in at least one newspaper of general circulation. The City placed a one -eight page display advertisement in the above mentioned newspapers of general circulation. Furthermore, public notices were posted in 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 Fabrics, 990 Diamond Bar Boulevard — Oak Tree Shopping Center, 1235 Diamond Bar Boulevard - Albertson's and Heritage Park) on August 10, 2003. Planning Commission Deliberation on Election/Temporary Signs: On August 26, 2003, the Planning Commission reviewed the final section of Development Code Amendment 2003-01 pertaining to election/temporary signs. After discussing this matter at the May 13, June 24, and July 8, 2003 Planning Commission meetings and at the August 13, 2003 meeting which included the City Attorney's input, the Planning Commission decided to retain the standards on temporary signs as currently presented in the Development Code. The following information will present the current standards related to temporary signs with strikethroughs and Italics utilized to delineate deleted text and emphasize recommended text changes. 18 Article III Chapter 22.36 — Sign Standards Section 22.36.050. Exemptions from sign permits. Current: (5) Temporary signs placed upon pubic property. The following provisions shall control the placement or proposed placement of signs on public property. a. No signs shall project over any public walkway, alley, street or public property except as may be expressly permitted pursuant to this section. On private property, in any outdoor area open to the public, no portion of any sign attached to the building and extending below a height of seven feet above ground level shall project more than six inches from the face of the building. b. Sign, other than those required for traffic safety or pursuant to law, shall be placed, located or maintained upon any center median of any street, or other improvement intended for utilization by vehicular traffic. C. No sign may be placed, located or maintained in, on or over any public walkway, parkway, alley, street or any other public property which interferes with the construction, maintenance or repair thereof or of any facility therein or thereon, including, but not limited to all landscape, hardscape, meters, or irrigation facilities. d. No sign shall be affixed to any trees or other plant materials located in any public walkway, parkway, alley, street or any other public property. e. No signs placed on public property pursuant to this Code shall contain more than six square feet of sign area. f. Only one sign advertising, identifying, displaying, or directing or attracting attention to a particular idea or event shall be placed in the public right-of-way on each side of any single block. For the purpose of this section, "block" shall mean that portion of the street lying between the nearest two intersecting or intercepting streets. g. Any sign advertising, identifying, displaying, directing or attracting attention to, or conveying an idea related to an event which is to occur on a certain date shall not be placed in the public right-of-way more than 30 days prior to that date and shall be removed not later than 10 days after the date. 19 Recommended Amendment: The recommended text changes will prohibit all signs (except official traffic control, directional and identification signs) in the public right-of-way. The text also changes when election signs may be erected. The current standard is 30 days prior to an event. The recommended change is 60 days. The recommended text changes coincide with the City Attorney's advice and discussion at the August 13, 2003 Planning Commission meeting. (Repeals Paragraph (5) of Section 22.36.050 referenced above and replaces it with language in this section as referenced below.) (5) Election signs. Temporary signs pertaining to a local, State or national elections are permitted on private property subject to the following limitations: a. Signs shall not exceed six square feet in residential zones and twelve square feet in commercial and industrial zones; b. If freestanding on the ground, signs shall not be more than five feet in height; C. If mounted on a building, signs shall not project more than two feet from the building; d. Signs shall not be erected on utility poles, traffic signals, traffic signs, meters, tree wells, trees or other living things; e. Signs shall be erected no more than sixty days prior to the election to which they relate, and must be removed within ten days after the election; f. Where a sign is erected on a vacant lot, or in a multi -tenant commercial center or in a location on a residential lot that is not visible from the residence, the candidate causing the sign to be erected shall upon request provide evidence to the city of the property owner's permission. Section 22.36.080. Prohibited signs. (Note: This section lists signs that are inconsistent with the purpose and standards of this chapter, therefore, prohibited in all zoning districts) Current: (22) Signs on public property or projecting within the public -right -of way, except political signs and signs with an encroachment permit issued by the city; Recommended Amendment: (22) Signs 20 in the public right-of-way, except official traffic control, directional and identification signs erected by the City or another governmental agency with jurisdiction. Three Planning Commissioners expressed concerns about prohibiting all signs in the public right-of-way and erecting elections signs 60 days prior to an election. Two Planning Commissioners could accept the recommended amendment as represented above. After deliberation, the Commission voted to retain the existing code by a three/two vote. The information presented is an update for the City Council. Due to the time relationship between the City Council and Planning Commission meetings and the fact that the Planning Commission's recommendation was not known in advance, the amendment related to election/ternporary signs was not advertised as a public hearing. As a result, the City Council can not take action on this matter. However, the City Council, at their discretion, may direct staff to prepare a public hearing notice so that this matter can be presented at a future date. PREPARED BY: 4"' / ✓�: IPlanner Attachments: James DeStefano, Deputy City Manager 1. Ordinance No. XX (2003) 2. Planning Commission Resolution Nos. 2003-12 and 2003-21 recommending approval to City Council for Development Code Amendment No. 2003-01; 3. Negative Declaration No. 2003-01; and 4. Planning Commission Minutes dated May 13, 2003, June 24, 2003 and July 8, 2003. 21 ORDINANCE NO. (2003) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ADOPTING DEVELOPMENT CODE AMENDMENT NO. 2003- 01 AND AMENDING THE DIAMOND BAR MUNICIPAL CODE AND ADOPTING NEGATIVE DECLARATION NO. 2003-01. A. RECITALS. 1 On July 25, 1995, the City of Diamond Bar adopted its General Plan. The General Plan establishes goals, objectives and strategies to implement the community's vision for its future. 2. On November 3, 1998, the City of Diamond Bar adopted a Development Code. Title 22 of the Diamond Bar Municipal Code contains the Development Code now currently applicable to the development applications within the City of Diamond Bar. 3. Administering the Development Code for almost five 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 III Section 22.16.090 - Setback Regulations and Exceptions: Amendment relates to setbacks for walls and fences on a reverse corner lot. Section 22.30.080 - Driveways and Site Access: Amendment relates to the pavement width of a driveway in a single-family residential zoning district. Section 22.34.030 - Single -Family Standards: Amendment relates to landscape maintenance standards for slopes. Section 22.34.040 - Multi -Family Standards: Amendment relates to landscape maintenance standards for slopes. Section 22.34.050 - Commercial Standards: Amendment relates to landscape maintenance standards for slopes. Section 22.34.060 - Industrial Standards: Amendment relates to landscape maintenance standards for slopes. Sections 22.38.010 - Tree Preservation and Protection: Amendment relates to the preservation of naturalized California pepper trees. Sections 22.38.030 — Tree Preservation and Protection: Amendment relates to the preservation of naturalized California pepper trees. 1 Sections 22.38.060 — Tree Preservation and Protection: Amendment relates to the preservation of naturalized California pepper trees. Section 22.42.060 - Guest Houses: Amendment relates to lot coverage for guest houses. Section 22.42.110, Table 3-15 - Residential Accessory Uses and Structures: Amendment relates to setbacks for a tennis court and guesthouse. Section 22.42.110 - Residential Accessory Uses and Structures: Amendment relates to the maximum height of tennis court fencing. Section 22.42.120 - Secondary Housing Units: Amendment relates to changing the current Minor Conditional Use process to a ministerial review process to comply with Government Code 65852.2. Section 22.42.130 - Radio and Television Antenna and Wireless Telecommunications Antenna Facilities. Amendment relates to the number of telecommunications facilities on a parcel in residential zoning districts. ARTICLE V Section 22.68.030 - Restrictions on Non -Conforming Structures: Amendment relates to when a structure shall be deemed non -conforming. 4. The Planning Commission of the City of Diamond Bar on May 13, 2003, June 24, 2003 and July 18, 2003 conducted a duly noticed public hearing with regard to the Development Code amendment. The Planning Commission concluded the public hearing on a portion of the Development Code Amendment on May 13, 2003 and on the remaining portion of the Development Code Amendment concluded the public hearing on July 8, 2003 and recommended approval of said amendment to the City Council. 5. Notification of the public hearing for consideration of Development Code Amendment No. 2003-01 was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers on August 11, 2003. Pursuant to Planning and Zoning Law Government Code Section 65091 (a)(3), if the number of property owners to whom a public hearing notice would be mailed is greater than 1,000, a local agency may provide notice by placing a display advertisement of at least one - eight page in at least one newspaper of general circulation. The City placed a one - eight page display advertisement in the above mentioned newspapers of general circulation. Furthermore, public notices were posted in 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 Fabrics, 990 Diamond Bar Boulevard — Oak Tree Shopping Center, 1235 Diamond Bar Boulevard - Albertson's and Heritage Park) on August 10, 2003. 6. On September 2, 2003, the City Council of the City of Diamond Bar conducted a duly noticed public hearing with regard to the Development Code Amendment. At that time, the City Council concluded the public hearing. 7. Following due consideration of public testimony, staff analysis and the Planning Commission's recommendation, the City Council finds that the Development Code amendment set forth herein is consistent with the General Plan. 8. The City Council hereby finds that there is no substantial evidence that the Development Code amendments will have a significant effect on the environment and therefore Negative Declaration No. 2003-01 has been prepared, pursuant to the requirements of the California Environmental Quality Act (CEQA) of 1970, as amended, and guidelines promulgated thereunder, pursuant to Section 15070 of Article 19 of Chapter 3, Title 14 of the California Code of Regulations. 9. The City Council hereby specifically finds and determines that, having considered the record as a whole, including the finding set forth below, there is no evidence before this City Council that the Development Code amendments proposed herein will have the potential of an adverse effect on the wildlife resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this City Council hereby rebuts the presumption 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 hereby ordain as follows: ❑ Section 22.16.090. Setback regulations and exceptions of Article III, Title 22 of the City of Diamond Bar Municipal Code is here by amended to read as follows: 8. Fences and Walls. a. On a reverse corner lot, setbacks for fences and walls higher than 42 inches and not exceeding six feet in height shall comply with setbacks as described in Table 2-4. The Director may reduce the required ten - foot setback to a minimum five feet for fences and walls on a reverse corner lot where a clear line of site is maintained for vehicular and pedestrian traffic. ❑ Section 22.30.080. Driveways and site access of Article III, Title 22 of the City of Diamond Bar Municipal Code is here by amended to read as follows: (5) Driveway width and length. a. Single-family uses. 1. Driveways are intended only to provide access to required off- street parking spaces in garages. No other paving, except walkways, shall be allowed within the front yard area. An extension of the primary driveway may be approved if the pavement width of the extension does not exceed 12 feet, is located toward the nearest side or rear yard and the total hardscape area of the front yard does not exceed 50 percent 3 of the existing front yard area. Front yard area shall be measured from the front property line to the front building line. srr��T Front Yard ❑ Subsection (d) of Section 22.34.030. Single-family standards of Article III, Title 22 of the City of Diamond Bar Municipal Code is hereby amended and Subsection (1) is hereby added to Section 22.34.030. Subsection (d) to read as follows: (d) Landscape maintenance. Yard, setback and slope areas shall be landscaped with lawn, trees, shrubs, or other plant material, and shall be permanently maintained in a neat and orderly manner and substantially free of weeds, debris, dead, diseased or dying vegetation, and broken or defective decorative elements of the landscaped area. Foliage in landscaped areas shall be mowed, groomed, trimmed, pruned and adequately watered so as to maintain healthy growing conditions and not detract from the appearance of the immediate neighborhood. Irrigation systems shall be maintained to prevent public health or safety hazards. (1) Slopes adjacent to a public highway shall be maintained in a neat and clean manner, free of weeds and debris. A public highway shall include local streets, the entire width of every highway including all portions dedicated for highway purposes, such as the sidewalks, parkways and roadways. Said slopes shall be watered manually or by way of an automatic irrigation system. Plant material shall be both aesthetic and functional. Plant material shall be neatly trimmed and shall not encroach into the public right-of-way. Erosion control methods shall be utilized to maintain slope stability. Groundcover shall substantially cover a slope within two years of planting. Walls, fences and/or slope plant material shall be maintained in a manner that does not detract from the appearance of the immediate neighborhood. Overgrown vegetation that harbors rats or other vermin, or attains such growth as to become a fire hazard when dry or that is otherwise noxious, dangerous or unsightly shall be prohibited. Failure to maintain said slopes in the manner described is declared unlawful and a public nuisance endangering the health, safety and general welfare of the public and detrimental to the surrounding community and shall be abated pursuant to Section 22.34.070. 4 ❑ Subsection (e) of Section 22.34.040. Multi -family standards of Article III, Title 22 of the City of Diamond Bar Municipal Code is hereby amended and Subsection (1) is hereby added to Section 22.34.040, Subsection (e) to read as follows: (e) Landscape maintenance. Yard, setback and slope areas shall be landscaped with lawn, trees, shrubs, or other plant material, and shall be permanently maintained in a neat and orderly manner and substantially free of weeds, debris, dead, diseased or dying vegetation, and broken or defective decorative elements of the landscaped area. Foliage in landscaped areas shall be mowed, groomed, trimmed, pruned and adequately watered so as to maintain healthy growing conditions and not detract from the appearance of the immediate neighborhood. Irrigation systems shall be maintained to prevent public health or safety hazards. (1) Slopes adjacent to a public highway shall be maintained in a neat and clean manner, free of weeds and debris. A public highway shall include local streets, the entire width of every highway including all portions dedicated for highway purposes, such as the sidewalks, parkways and roadways. Said slopes shall be watered manually or by way of an automatic irrigation system. Plant material shall be both aesthetic and functional. Plant material shall be neatly trimmed and shall not encroach into the public right-of-way. Erosion control methods shall be utilized to maintain slope stability. Groundcover shall substantially cover a slope within two years of planting. Walls, fences and/or slope plant material shall be maintained in a manner that does not detract from the appearance of the immediate neighborhood. Overgrown vegetation that harbors rats or other vermin, or attains such growth as to become a fire hazard when dry or that is otherwise noxious, dangerous or unsightly shall be prohibited. Failure to maintain said slopes in the manner described is declared unlawful and a public nuisance endangering the health, safety and general welfare of the public and detrimental to the surrounding community and shall be abated pursuant to Section 22.34.070. ❑ Subsection (d) of Section 22.34.050. Commercial standards of Article 111, Title 22 of the City of Diamond Bar Municipal Code is hereby amended and Subsection (1) is hereby added to Section 22.34.050, Subsection (d) to read as follows: (d) Landscape maintenance. Yard, setback and slope areas shall be landscaped with lawn, trees, shrubs, or other plant material, and shall be permanently maintained in a neat and orderly manner and substantially free of weeds, debris, dead, diseased or dying vegetation, and broken or defective decorative elements of the landscaped area. Foliage in landscaped areas shall be mowed, groomed, trimmed, pruned and adequately watered so as to maintain healthy growing conditions and not detract from the appearance of the immediate neighborhood. Irrigation systems shall be maintained to prevent public health or safety hazards. (1) Slopes adjacent to a public highway shall be maintained in a neat and clean manner, free of weeds and debris. A public highway shall 5 include local streets, the entire width of every highway including all portions dedicated for highway purposes, such as the sidewalks, parkways and roadways. Said slopes shall be watered manually or by way of an automatic irrigation system. Plant material shall be both aesthetic and functional. Plant material shall be neatly trimmed and shall not encroach into the public right-of-way. Erosion control methods shall be utilized to maintain slope stability. Groundcover shall substantially cover a slope within two years of planting. Walls, fences and/or slope plant material shall be maintained in a manner that does not detract from the appearance of the immediate neighborhood. Overgrown vegetation that harbors rats or other vermin, or attains such growth as to become a fire hazard when dry or that is otherwise noxious, dangerous or unsightly shall be prohibited. Failure to maintain said slopes in the manner described is declared unlawful and a public nuisance endangering the health, safety and general welfare of the public and detrimental to the surrounding community and shall be abated pursuant to Section 22.34.070. ❑ Subsection (d) of Section 22.34.060. Industrial standards of Article III, Title 22 of the City of Diamond Bar Municipal Code is hereby amended and Subsection (1) is hereby added to Section 22.34.060, (d) to read as follows: (d) Landscape maintenance. Yard, setback and slope areas shall be landscaped with lawn, trees, shrubs, or other plant material, and shall be permanently maintained in a neat and orderly manner and substantially free of weeds, debris, dead, diseased or dying vegetation, and broken or defective decorative elements of the landscaped area. Foliage in landscaped areas shall be mowed, groomed, trimmed, pruned and adequately watered so as to maintain healthy growing conditions and not detract from the appearance of the immediate neighborhood. Irrigation systems shall be maintained to prevent public health or safety hazards. (1) Slopes adjacent to a public highway shall be maintained in a neat and clean manner, free of weeds and debris. A public highway shall include local streets, the entire width of every highway including all portions dedicated for highway purposes, such as the sidewalks, parkways and roadways. Said slopes shall be watered manually or by way of an automatic irrigation system. Plant material shall be both aesthetic and functional. Plant material shall be neatly trimmed and shall not encroach into the public right-of-way. Erosion control methods shall be utilized to maintain slope stability. Groundcover shall substantially cover a slope within two years of planting. Walls, fences and/or slope plant material shall be maintained in a manner that does not detract from the appearance of the immediate neighborhood. Overgrown vegetation that harbors rats or other vermin, or attains such growth as to become a fire hazard when dry or that is otherwise noxious, dangerous or unsightly shall be prohibited. Failure to maintain said slopes in the manner described is declared unlawful and a public nuisance endangering the health, safety and general welfare of the public and detrimental to the surrounding community and shall be abated pursuant to Section 22.34.070. 6 ❑ Section 22.38.010. Purpose of Article III, Title 22 of the City of Diamond Bar Municipal Code is here by amended to read as follows: General Plan, as the overall policy document for the City, requires the preservation and maintenance of native trees including oak, walnut, sycamore, willow, significant trees of cultural or historical value and pepper trees where appropriate. The purpose of this Chapter is to protect and preserve these trees and when removal is allowed as a result of new development to require their replacement. ❑ Section 22.38.030. Protected Trees of Article III, Title 22 of the City of Diamond Bar Municipal Code is here by amended to read as follows: A. A protected tree is any of the following: Native oak, walnut, sycamore and willow trees with a DBH of eight inches or greater; pepper trees with a DBH of eight inches or greater where appropriate; ❑ Section 22.38.060. Exemptions of Article III, Title 22 of the City of Diamond Bar Municipal Code is here by amended to read as follows: (8) Native oak, walnut, sycamore, willow, or pepper trees located upon a lot 1/2 acre or less are exempted from these regulations. ❑ Section 22.42.060. Guest houses of Article III, Title 22 of the City of Diamond Bar Municipal Code is here by amended to read as follows: Parcel coverage. The guest houses, along with the main dwelling and any other accessory structures, shall not exceed an overall parcel coverage as required in the zoning districts specified in Table 2-4. ❑ Section 22.42.110. Residential accessory uses and structures, Table 3-5 of Article III, Title 22 of the City of Diamond Bar Municipal Code is here by amended by inserting the following standards to read as follows: TABLE 3-15 REQUIRED SETBACKS - ACCESSORY USES AND STRUCTURES Sin le-FamilyDetached Homes Accessory Structure Type of Setback' Required SetbacV Tennis Court Sides, rear Street side Front 10 feet As required for main structure As required for main structure Guest house Sides, rear Street side As required for main structure As required for main structure 7 REQUIRED SETBACKS - ACCESSORY USES AND STRUCTURES Multi -Family, Attacneawetacnea Homes Structure I Type of Setback' I Required Setbacie Tennis Court Sides, rear° 10 feet Street side As required for main structure Front As required for main structure ❑ Section 22.42.110. Residential accessory uses and structures of Article III, Title 22 of the City of Diamond Bar Municipal Code is here by amended to read as follows: (7) Tennis and other recreational courts. Noncommercial outdoor tennis courts and courts for other sports (e.g., racquetball etc.) accessory to a residential use are subject to the following requirements: a. Fencing. Shall not exceed a maximum height of ten feet. When retaining walls/wall are utilized to create the tennis court pad, the maximum total height of fencing and wall together shall not exceed ten feet. ❑ Section. 22.42.120. Secondary housing units of Article III, Title 22 of the City of Diamond Bar Municipal Code is here by amended to read as follows: This section provides standards for the establishment of secondary residential units. (1) Secondary residential units may be allowed in the zoning districts specified in Section 22.08.030 (Residential district land uses and permit requirements) subject to the approval of the Director. The applicant shall be the owner and resident of the main dwelling. (2) Number of units allowed. Only one secondary dwelling unit shall be allowed on a single-family parcel. (3) Site requirements. The parcel proposed for a second dwelling unit shall comply with all the following requirements: a. The parcel shall have a minimum area of 10,000 square feet, a minimum width of 50 feet, a minimum depth of 100 feet, and a minimum buildable pad size of 400 square feet, exclusively for the secondary units; and b. The parcel shall be developed with only one existing owner -occupied single-family detached main dwelling unit. (4) Location of secondary unit. A secondary dwelling unit may be within, attached to, or detached from the existing main dwelling unit. If detached, the secondary unit shall be separated from the main dwelling unit a minimum of 10 feet. (5) Design standards. A second dwelling unit shall: a. Have a floor area not exceeding 30 percent of the existing living area of the main dwelling for an attached unit, or 1,200 square feet to the floor area for a detached unit; b. Be architecturally compatible with the main dwelling units; C. Comply with heightened setback requirements for the main dwelling; d. Contain separate kitchen and bathroom facilities and have a separate entrance from the main dwelling. (6) Parking. The secondary dwelling unit shall provide one covered off-street parking space in a carport or garage, in addition to the required parking for the main dwelling unit, in compliance with Chapter 22.30 (Off -Street Parking and Loading Standards). (7) Rental of units. A secondary dwelling unit may be rented, although rental is not required. (8) Compatibility. The secondary dwelling unit shall be compatible with the design of the main dwelling unit and the surrounding neighborhood in terms of scale, exterior treatment, height, setbacks and landscaping and shall not sufficiently change the character of the surrounding residential neighborhood. (9) Second kitchens shall be permitted within the Rural Residential (RR) zone in single-family residences that are a minimum of 6,000 square feet in floor area. A second kitchen shall not constitute approval of a second unit and such kitchen shall not be so located as to facilitate the establishment of the second independent dwelling including a servant's quarters. ❑ Subsection (g) (4) of Section 22.42.130. Radio and television antenna and wireless telecommunications antenna facilities of Article III, Title 22 of the City of Diamond Bar Municipal Code is hereby amended to read as follows: (g) Wireless telecommunications antenna facility approval process. (4) Conditional use permit. All wireless telecommunications antenna facilities other than those meeting the criteria for an administrative review approval or minor conditional use permit specified above must be authorized by a conditional use permit. These facilities may be located in the OP, OB, CO, C-1, C-2, C-3, and I, zoning districts, or as identified on the city telecommunications facilities opportunities map. These facilities may be located in residential zoning districts but on properties that do not contain residential structures (i.e., church properties, schools, water tanks or similar type facilities), provided that the facility is in compliance with the following requirements: 9 a. Narrative. The applicant must provide a written narrative describing why the facility does not meet the criteria for an administrative review or minor conditional use permit. b. Development standards. The facility will be located, constructed, and maintained in accordance with all applicable development standards that are set forth below in paragraph (h) (Development standards). C. Wireless telecommunications antenna facilities shall only be located in residential zoning districts if on a church property, school, water tank, public property, or similar type facilities. Wireless telecommunications antenna facilities shall not be located on residential properties developed with residential structures or sited for residential development. d. The siting of multiple antenna structures within the same parcel (know as "antenna farms") shall be prohibited. Multiple antennas attached to an existing or proposed freestanding antenna support structure (know as "piggy -backing") is allowed. ❑ Section. 22.68.030. Restrictions on non -conforming structures of Article V, Title 22 of the City of Diamond Bar Municipal Code is here by amended to read as follows: (a) Building envelope. A structure shall be deemed nonconforming if the structure fails to conform to the building envelope regulations (e.g., lot coverage, height, or setback requirements) identified in Article Il, TABLE 2-4, RESIDENTIAL DISTRICT GENERAL DEVELOPMENT STANDARDS, TABLE 2-7, COMM ERCIAUINDUSTRIAL RESIDENTIAL DISTRICT GENERAL DEVELOPMENT STANDARDS and Article III, TABLE 3-15, REQUIRED SETBACKS - ACCESSORY USES AND STRUCTURES. PASSED, APPROVED AND ADOPTED THIS DAY OF 2003, BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR. Carol Herrera, Mayor 10 I, Nancy Whitehouse, Acting City Clerk of the City of Diamond Bar do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the day of 2003 and was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on the day of 2003, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Nanny Whitehouse Acting City Clerk 11 PLANNING COMMISSION RESOLUTION NO. 2003-12 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING THAT THE CITY COUNCIL APPROVE DEVELOPMENT CODE AMENDMENT NO. 2003-01 AND NEGATIVE DECLARATION NO. 2003-01. A. RECITALS. 1. The City of Diamond Bar has initiated an application for Development Code Amendment No. 2003-01 and Negative Declaration No. 2003-01. Hereinafter in this Resolution, the subject Development Code Amendment and Negative Declaration shall be referred to as the "Application." 2. The Community and Development Services Department has determined that the following existing development standards within the Development Code requires modification in order to implement the General Plan and comply with State Statute A. B. 1866: Article III Chapter 22.16 — General Property Development Standards Section 22.16.090. Setback Regulations and Exceptions Chapter 22.30 — Off -Street Parking and Loading Standards Section 22.30.080. Driveways and Site Access Chapter 22.38 — Tree Preservation and Protection Section 22.38.010. Purpose. Section 22.38.030. Protected Trees Section 22.38.060. Exemptions Chapter 22.42 — Standards for Specific Land Uses Section 22.42.060. Guest Houses Section 22.42.110. Residential Accessory Uses and Structures and Table 3-15 Section 22.42.120. Secondary Housing Units Article V Chapter 22.68 — Nonconforming Uses, Structures and Parcels Section. 22.68.030. Restrictions on Nonconforming Structures 3. On April 18, 2003, notice for this project was published in the 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 mailed is greater than 1,000, a local agency may provide notice by placing a display advertisement of at least one -eight page in at least one newspaper of general circulation. The City placed a one -eight page display advertisement in the above mentioned newspapers of general circulation. Furthermore, on April 18, 2003, public 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 Fabrics, 990 Diamond Bar Boulevard - Oak Tree Lanes, 1235 Diamond Bar Boulevard - Albertson's and Heritage Park). 4. On May 13, 2003, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application. 5. On May 13, 2002, the Planning Commission, after due consideration -of public testimony, staff analysis and the Commission's deliberations, has determined that Development Code Amendment No. 2003-01 attached hereto as Exhibit "A" implements the Strategies of the General Plan. The Planning Commission at that. time concluded the public hearing. B. RESOLUTION. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby finds that the Initial Study review and Negative Declaration No.2003-01 have been prepared by the City of Diamond Bar in compliance with the requirements of the California Environmental Quality Act (CEQA) of 1970 and guidelines promulgated thereunder, pursuant to Section 15070. Furthermore, Negative Declaration No. 2003-01 reflects the independent judgement of the City of Diamond Bar. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the 2 presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth above, the Planning Commission hereby recommends that the City Council adopt Development Code Amendment No. 2003-01 and Negative Declaration No. 2003-01 attached hereto as Exhibit "A" and incorporated herein by reference. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution to the City Council forthwith. APPROVED AND ADOPTED THIS 13TH OF MAY 2003, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: - Steve Tye, Chairman I. James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 13th day of May 2003, by the following vote: ATTEST: AYES: Commissioners: Tanaka, Nelson, Ruzicka, V/C Nolan, C/Tye NOES: None ABSENT: None ABSTAIN: None 3 DEVELOPMENT CODE AMENDMENT NO. 2003-01 EXHIBIT "A" Section 22.16.090. Setback regulations and exceptions of Article III, Title 22 of the City of Diamond Bar Municipal Code is here by amended to read as follows: 8. Fences and Walls. a. On a reverse corner lot, setbacks for fences and walls higher than 42 inches and not exceeding six feet in height shall comply with setbacks as described in Table 2-4. The Director may reduce the required ten -foot setback to a minimum five feet for fences and walls on a reverse corner lot where a clear line of site is maintained for vehicular and pedestrian traffic. Section 22.30.080. Driveways and site access of Article III, Title 22 of the City of Diamond Bar Municipal Code is here by amended to read as follows: (5) Driveway width and length. a. Single-family uses. Driveways are intended only to provide access to required off-street parking spaces in garages. No other paving, except walkways, shall be allowed within the front yard area. An extension of the primary driveway maybe approved if the pavement width of the extension does not exceed 12 feet, is located toward the nearest side or rear yard and the total hardscape area of the front yard does not exceed 50 percent of the existing fro,-;: ;zard area. Front yard area shall be measured from the tront property line to the front building line. RANT -- T2 F__F_7 Front Yard Section 22.38.010. Purpose of Article III, Title 22 of the City of Diamond Bar Municipal Code is here by amended to read as follows: General Plan, as the overall policy document for the City, requires the preservation and maintenance of native trees including oak, walnut, sycamore, willow, significant trees of cultural or historical value and pepper trees where appropriate. The purpose of this Chapter is to protect and preserve these trees and when removal is allowed as a result of new development to require their replacement. Section 22.38.030. Protected Trees of Article III, Title 22 of the City of Diamond Bar Municipal Code is here by amended to read as follows: A. A protected tree is any of the following: Native oak, walnut, sycamore and willow trees with a DBH of eight inches or greater; pepper trees with a DBH of eight inches or greater where appropriate; Section 22.38.060. Exemptions of Article III, Title 22 of the City of Diamond Bar Municipal Code is here by amended to read as follows: (8) Native oak, walnut, sycamore, willow, or pepper trees located upon a lot t/2 acre or less are exempted from these regulations. Section 22.42.110. Residential accessory uses and structures Table 3-5 of Article III, Title 22 of the City of Diamond Bar Municipal Code is here by amended by inserting the following standards to read as follows: TABLE 3-15 REQUIRED SETBACKS - ACCESSORY USES AND STRUCTURES Single -Family Detached Homes Accessory Structure Type of Se Tennis Court ! Sides, rear' Street side Front Guest house Sides, rear Street side 10 feet As required for main structure As required for main structure As required for main structure As required for main structure REQUIRED SETBACKS - ACCESSORY USES AND STRUCTURES Multi -Family, Attached/Detached Homes of ired Tenrns Court i Sides, rear 10 feet Street sideI As required for main structure Front As required for main structure Section 22.42.060. Guest houses of Article III, Title 22 of the City of Diamond Bar Municipal Code is here by amended to read as follows: Parcel coverage. The guest houses, along with the main dwelling and any other accessory structures, shall not exceed an overall parcel coverage as required in the zoning districts specified in Table 2-4. Section 22.42.110. Residential accessory uses and structures of Article III, Title 22 of the City of Diamond Bar Municipal Code is here by amended to read as follows: (), Tennis and other recreational courts. Noncommercial outdoor tennis courts and courts for other sports (e.g., racquetball etc.) accessory to a residential use are subject to the following requirements: a. Fencing. Shall not exceed a maximum height of ten feet. When retaining walls/wall are utilized to create the tennis court pad, the maximum total height of fencing and wall together shall not exceed ten feet. Section. 22.42.120. Secondary housing units of Article III, Title 22 of the City of Diamond Bar Municipal Code is here by amended to read as follows: This section provides standards for the establishment of secondary residential units. (1) Secondary residential units may be allowed in the zoning districts specified in Section 22.08.030 (Residential district land uses and permit requirements) subject to the approval of the Director. The applicant shall be the owner and resident of the main dwelling. (2) Number of units allowed. Only one secondary dwelling unit shall be allowed on a single-family parcel. (3) Site requirements. The parcel proposed for a second dwelling unit shall comply with all the following requirements: a. The parcel shall have a minimum area of 10,000 square feet, a minimum width of 50 feet, a minimum depth of 100 feet, and a minimum buildable pad size of 400 square feet,. exclusively for the secondary units; and b. The parcel shall be developed with only one existing owner - occupied single-family detached main dwelling unit. (4) Location of secondary unit. A secondary dwelling unit may be within, attached to, or detached from the existing main dwelling unit. If detached, the secondary unit shall be separated from the main dwelling unit a minimum of 10 feet. (5) Design standards. A second dwelling unit shall: a. Have a floor area not exceeding 30 percent of the existing living area of the main dwelling for an attached unit, or 1,200 square feet to the floor area for a detached unit; b. Be architecturally compatible with the main dwelling units; C. Comply with height and setback requirements for the main dwelling; d. Contain separate kitchen and bathroom facilities and have a separate entrance from the main dwelling. (6) Parking. The secondary dwelling unit shall provide one covered off-street parking space in a carport or garage, in addition to that required parking for the main dwelling unit, in compliance with Chapter 22.30 (Off -Street Parking and Loading Standards). (i') Rental of units. A secondary dwelling unit may be rented, although rental is not required. (8) Compatibility. The secondary dwelling unit shall be compatible with the design of the main dwelling unit and the surrounding neighborhood in terms of scale, exterior treatment, height, setbacks and landscaping and shall not sufficiently change the character of the surrounding residential neighborhood. (9) Second kitchens shall be permitted within the Rural Residential (RR) zone in single-family residences that are a minimum of 6,000 square feet in floor area. A second kitchen shall not constitute approval of a second unit and such kitchen shall not be so located as to facilitate the establishment of the second independent dwelling including a servant's quarters. Section. 22.68.030. Restrictions on non -conforming structures of Article V, Title 22 of the City of Diamond Bar Municipal Code is here by amended to read as follows: (a) Building envelope. A structure shall be deemed nonconforming if the structure fails to conform to the building envelope regulations (e.g., lot coverage, height, or setback requirements) identified in Article ll, TABLE 2-4, RESIDENTIAL DISTRICT GENERAL DEVELOPMENT STANDARDS, TABLE 2-7, COMMERCIAUINDUSTRIAL RESIDENTIAL DISTRICT GENERAL DEVELOPMENT STANDARDS and Article III, TABLE 3-15, REQUIRED SETBACKS - ACCESSORY USES AND STRUCTURES. PLANNING COMMISSION RESOLUTION NO. 2003-21 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING THAT THE CITY COUNCIL APPROVE DEVELOPMENT CODE AMENDMENT NO. 2003-01 AND NEGATIVE DECLARATION NO. 2003-01. A. RECITALS. The City of Diamond Bar has initiated an application for Development Code Amendment No. 2003-01 and Negative Declaration No. 2003-01. Hereinafter in this Resolution, the subject Development Code Amendment and Negative Declaration shall be referred to as the "Application." 2. On May 13, 2003, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application. On this date, the Planning Commission approved certain section of Development Code Amendment No. 2003-01 and set aside the following sections for further review at the June 24, 2003 continued public hearing. Article III Chapter 22.34 — Property Maintenance Standards Section 22.34.030. Single -Family Standards Section 22.34.040. Multi -Family Standards Section 22.34.050. Commercial Standards Section 22.34.060. Industrial Standards Chapter 22.42 — Standards for Specific Land Uses Section 22.42.130. Radio and Television Antenna and Wireless Telecommunications Antenna Facilities 3. On June 24, 2003, the Planning Commission concluded the public hearing and directed staff to prepare a resolution. 4. The Community and Development Services Department has determined that the above referenced sections of the existing development standards within the Development Code requires modification in order to implement the General Plan and comply with State Statute A. B. 1866. 5. On April 18, 2003, notice for this project was published in the 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 mailed is greater than 1,000, a local agency may provide notice by placing a display advertisement of at least one -eight page in at least one newspaper of general circulation. The City placed a one -eight page display advertisement in the above mentioned newspapers of general circulation. Furthermore, on April 18, 2003, public 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 Fabrics, 990 Diamond Bar Boulevard - Oak Tree Lanes, 1235 Diamond Bar Boulevard - Albertson's and Heritage Park). 6. On July 8, 2003, the Planning Commission, after due consideration of public testimony, staff analysis and the Commission's deliberations, has determined that Development Code Amendment No. 2003-01 attached hereto as Exhibit "A" implements the Strategies of the General Plan. B. RESOLUTION. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby finds that the Initial Study review and Negative Declaration No.2003-01 have been prepared by the City of Diamond Bar in compliance with the requirements of the California Environmental Quality Act (CEQA) of 1970 and guidelines promulgated thereunder, pursuant to Section 15070. Furthermore, Negative Declaration No. 2003-01 reflects the independent judgement of the City of Diamond Bar. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission here- by rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. W, 4 Based on the findings and conclusions set Commission hereby recommends that Development Code Amendment No. 2003-0 No. 2003-01 attached hereto as Exhibit "A" reference. The Planning Commission shall: forth above. the Planning the City Council adopt 1 and Negative Declaration and incorporated herein by (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 8TH OF JULY 2003, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: _ Steve Tye, Chair an I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 8th day of July 2003, by the following vote: AYES: Commissioner: Ruzicka, Tanaka, Nelson, C/Tye NOES: None ABSENT: Commissioner: Nolan STATE OF CALIFORNIA l ABSTAIN: ,None ATTEST: James DeStefano, Secreta Secretary COUNTY OF LOS ANG j !� CITY OF DIAMOND BAR JJJ I, LY NDA OURCESS, CITY CLERK OF THE CITY OF DIAMOND BAR, DO "EREMY CURTIFY UNDER PENAIXY OF I-ER1URY UND' ER THE LAWS OF THE S'1NIT' Ol� CAI.IFOItNIA'1'Illi I-'OR(;OING TO Illi A I1LL, TRUE AND ('ORRRCI' COPY 01, THE ORIGINAL AS SAME APPEARS ON FILE IN MY Orr•I( u" IN WITNESS WIII?RI{OF, I HAVE. III.I(FUNTO SET hlY IIANU ANI) AI -'I IXI'.D'I'Ill�,S ! _OV 1111'. CITY 111 D 'till�ND IIA t, 'II11S ���!! DAY OI s '2f) I.VNDA IIUR(*I?SS '1.1'Y CIXRK � Ulil'lJ'1'Y 3 (DEVELOPMENT CODE AMENDMENT NO. 2003-01 July 8, 2003 EXHIBIT "A" Subsection (d) of Section 22.34.030. Single-family standards of Article III, Title 22 of the City of Diamond Bar Municipal Code is hereby amended and Subsection (1) is hereby added to Section 22.34.030. Subsection (d) to read as follows: (d) Landscape maintenance. Yard, setback and slope areas shall be landscaped with lawn, trees, shrubs, or other plant material, and shall be permanently maintained in a neat and orderly manner and substantially free of weeds, debris, dead, diseased or dying vegetation, and broken or defective decorative elements of the landscaped area. Foliage in landscaped areas shall be mowed, groomed, trimmed, pruned and adequately watered so as to maintain healthy growing conditions and not detract from the appearance of the immediate neighborhood. Irrigation systems shall be maintained to prevent public health or safety hazards. (1) Slopes adjacent to a public highway shall be maintained in a neat and clean manner, free of weeds and debris. A public highway shall include local streets, the entire width of every highway including all portions dedicated for highway purposes, such as the sidewalks, parkways and roadways. Said slopes shall be watered manually or by way of an automatic irrigation system. Plant material shall be both aesthetic and functional. Plant material shall be neatly trimmed and shall not encroach into the public right-of- way. Erosion control methods shall be utilized to maintain slope stability. Groundcover shall substantially cover a slope within two years time of planting. Walls, fences and/or slope plant material shall be maintained in a manner that does not detract from the appearance of the, immediate neighborhood. Overgrown vegetation that harbors rats! or other vermin, or attains such growth as to become a fire; hazard when dry or that is otherwise noxious, dangerous or unsightly shall be prohibited. Failure to maintain said slopes in,the mariner described is declared unlawful and a public nuisance endangering the health, safety and general welfare of the public and detrimental to the surrounding. community and shall be abated pursuant to Section 22.34.070. Subsection (e) of Section 22.34.040. Multi -family standards of Article III, Title 22 of the City of Diamond Bar. Municipal Code is hereby amended and Subsection (1) is hereby added to Section 22.34.040, Subsection (e) to read as follows: (e) Landscape maintenance. Yard, setback and slope areas shall be landscaped with lawn, trees, shrubs, or other plant material, and shall be permanently maintained in a neat and orderly manner and substantially free of weeds, debris, dead, diseased or dying vegetation, and broken or defective decorative elements of the landscaped area. Foliage in landscaped areas shall be mowed, groomed, trimmed, pruned and adequately watered so as to maintain healthy growing conditions and not detract from the appearance of the immediate neighborhood. Irrigation systems shall be maintained to prevent public health or safety hazards. (1) Slopes adjacent to a public highway shall be maintained in a neat and clean manner, free of weeds and debris. A public highway shall include local streets, the entire width of every highway including all portions dedicated for highway purposes, such as the sidewalks, parkways and roadways. Said slopes shall be watered manually or by way of an automatic irrigation system. Plant material shall be both aesthetic and functional. Plant material shall be neatly trimmed and shall not encroach into the public right-of- way. Erosion control methods shall be utilized to maintain slope stability. Groundcover shall substantially cover a slope within two years time of planting. Walls, fences and/or slope plant material shall be maintained in a manner that does not detract from the appearance of the immediate neighborhood. Overgrown vegetation that harbors rats or other vermin, or attains such growth as to become a fire hazard when dry or that is otherwise noxious, dangerous or unsightly shall be prohibited. Failure to maintain said slopes in the manner described is declared unlawful and a public nuisance endangering the health, safety and general welfare of the public and detrimental to the surrounding community and shall be abated pursuant to Section 22.34.070. Subsection (d) of Section 22.34 050 Commercial standards of Article III, Title 22 of the City of Diamond Bar Municipal Code is hereby amended and Subsection (1) is hereby added to Section 22.34.050, Subsection (d) to read as follows: (d) Landscape maintenance. Yard, setback and slope areas shall be landscaped with lawn, trees, shrubs, or other plant material, and shall be permanently maintained in a neat and orderly manner and substantially free of weeds, debris, dead, diseased or dying vegetation, and broken or defective decorative elements of the landscaped area. Foliage in landscaped areas shall be mowed, groomed, trimmed, pruned and adequately watered so as to maintain healthy growing conditions and not detract from the appearance of the immediate neighborhood. Irrigation systems shall be maintained to prevent public health or safety hazards. (1) Slopes adjacent to a public highway shall be maintained in a neat and clean manner, free of weeds and debris. A public highway shall include local streets, the entire width of every highway including all portions dedicated for highway purposes, such as the sidewalks, parkways and roadways. Said slopes shall be watered K, manually or by way of an automatic irrigation system. Plant material shall be both aesthetic and functional. Plant material shall be neatly trimmed and shall not encroach into the public right-of- way. Erosion control methods shall be utilized to maintain slope stability. Groundcover shall substantially cover a slope within two years time of planting. Walls, fences and/or slope plant material shall be maintained in a manner that does not detract from the appearance of the immediate neighborhood. Overgrown vegetation that harbors rats or other vermin, or attains such growth as to become a fire hazard when dry or that is otherwise noxious, dangerous or unsightly shall be prohibited. Failure to maintain said slopes in the manner described is declared unlawful and a public nuisance endangering the health, safety and general welfare of the public and detrimental to the surrounding community and shall be abated pursuant to Section 22.34.070. Subsection (d) of Section 22.34.060. Industrial standards of Article III, Title 22 of the City of Diamond Bar Municipal Code is hereby amended and Subsection (1) is hereby added to Section 22.34.060, (d) to read as follows: (d) Landscape maintenance. Yard, setback and slope areas shall be landscaped with lawn, trees, shrubs, or other plant material, and shall be permanently maintained in a neat and orderly manner and substantially free of weeds, debris, dead, diseased or dying vegetation, and broken or defective decorative elements of the landscaped area. Foliage in landscaped areas shall be mowed, groomed, trimmed, pruned and adequately watered so as to maintain healthy growing conditions and not detract from the appearance of the immediate neighborhood. Irrigation systems shall be maintained to prevent public health or safety hazards. (1) Slopes adjacent to a public highway shall be maintained in a neat and clean manner, free of weeds and debris. A public highway shall include local streets, the entire width of every highway including all portions dedicated for highway purposes, such as the sidewalks, parkways and roadways. Said slopes shall be watered manually or by way of an automatic irrigation system. Plant material shall be both aesthetic and functional. Plant material shall be neatly trimmed and shall not encroach into the public right-of- way. Erosion control methods shall be utilized to maintain slope stability. Groundcover shall substantially cover a slope within two years time of planting. Walls, fences and/or slope plant material shall be maintained in a manner that does not detract from the appearance of the immediate neighborhood. Overgrown vegetation that harbors rats or other vermin, or attains such growth as to become a fire hazard when dry or that is otherwise noxious, dangerous or unsightly shall be prohibited. Failure to maintain said slopes in the manner described is declared unlawful and a public nuisance endangering the health, safety and general welfare of the 3 public and detrimental to the surrounding community and shall be abated pursuant to Section 22.34.070. Subsection (g) (4) of Section 22.42.130. Radio and television antenna and wireless telecommunications antenna facilities of Article III, Title 22 of the City of Diamond Bar Municipal Code is hereby amended to read as follows: (g) Wireless telecommunications antenna facility approval process. (4) Conditional use permit. All wireless telecommunications antenna facilities other than those meeting the criteria for an administrative review approval or minor conditional use permit specified above must be authorized by a conditional use permit. These facilities may be located in the OP, OB, CO, C-1, C-2, C-3, and I, zoning districts, or as identified on the city telecommunications facilities opportunities map. These facilities may be located in residential zoning districts but on properties that do not contain residential structures (i.e., church properties, schools, water tanks or similar type facilities), provided that the facility is in compliance with the following requirements: a. Narrative. The applicant must provide a written narrative describing why the facility does not meet the criteria for an administrative review or minor conditional use permit. b. Development standards. The facility will be located, constructed, and maintained in accordance with all applicable development standards that are set forth below in paragraph (h) (Development standards). C. Wireless telecommunications antenna facilities shall only be located in residential zoning districts if on a church property, school, water tank, public property, or similar type facilities. Wireless telecommunications antenna facilities shall not be located on residential properties developed with residential structures or sited for residential development. d. The siting of multiple antenna structures within the same parcel (know as "antenna farms") shall be prohibited. Multiple antennas attached to an existing or proposed freestanding antenna support structure (know as "piggy- backing") is allowed. .19 California Environmental Quality Act Notice of Intent to Adopt a City of Diamond Bar Community & Development Services Department Planning Division 1 , 21825 E. Copley Drive Negative Declaration Diamond Bar, California 91765 (909) 839-7030 (909)861-3117 Fax www.CitvofDiamoridBar.com Notice is hereby given that the City of Diamond Bar Community and Development Services Department, Planning Division has completed an Initial Study for Development Code Amendment 2003-01 for the City of Diamond Bar (Citywide), County of Los Angeles. The proposed amendment relates to tree preservation, tennis court fencing, setback regulations for residential accessory structures, slope maintenance in all zoning districts, residential driveway width, election signs and signs in the public right-of-way, number of telecommunications facilities on a parcel, lot coverage for a guest house, ministerial review for second units, and restrictions on non -conforming structures. The Initial Study was completed in accordance with the City's Guidelines implementing the California Environmental Quality Act. This Initial Study was undertaken for the purpose of deciding whether the proposed Development Code Amendment may have a significant effect on the environment. On the basis of such Initial Study, the City's Staff has concluded that the project will not have a significant effect on the environment, and has therefore prepared Negative Declaration No. 2003-01. The Initial Study reflects the independent judgement of the City. The project site is ❑ is not ® on a list compiled pursuant to Government Code section 65962.5. Copies of the Initial Study and Negative Declaration are on file and available for public review at: City of Diamond Bar Community and Development Services Department/Planning Division 21825 E. Copley Drive Diamond Bar, California 91765 (909)839-7030 The review period begins April 18, 2003. Comments will be received until May 7, 2003. Any person wishing to comment on this matter must submit such comments, in writing, to the City prior to this date. Comments of all Responsible Agencies are also requested. At its meeting on May 13, 2003 at 7:00 PM, the Planning Commission will consider the Development Code Amendment No. 2003-01 and Negative Declaration No. 2003-01. If the Planning Commission finds that the project will not have a significant effect on the environment, it may adopt the Negative Declaration. This means that the Planning Commission may proceed to consider the project without the preparation of an Environmental Impact Report. Ann J. Lungu Associate Planner March 20 2003 Prepared by Title Date Si nature Date received for filing and posting ® Los Angeles County Clerk's Office Environmental Filing 12400 E. Imperial Highway, Room 1101 Norwalk, California 90650 ❑ Office of Planning and Research 1400 Tenth Street, Room 121 Sacramento, California 95814 City of Diamond Bar Community & Development Services Department Planning Division ' tll California Environmental Quality Act 21825 E. Copley Drive Diamond Bar, California 91765 Negative Declaration (909)839-7030 �n (909) 861-3117 Fax www.CitvofDiamondBar.com To: ® Los Angeles County Clerk's Office ❑ Office of Planning and Research Environmental Filing 1400 Tenth Street, Room 121 12400 E. Imperial Highway, Room 1101 Sacramento, California 95814 Norwalk, California 90650 Project Title and File No.: Development Code Amendment No. 2003-01 Project Location: City of Diamond Bar, CA 91765 (Los Angeles County) Project Description: Development Code Amendment for specified sections of the City of Diamond Bar's Development Code as referenced in the attached Negative Declaration No. 2003-01. Project Sponsor: City of Diamond Bar, Community and Development Services Department/ Planning Division, 21825 E. Copley Drive, Diamond Bar, Ca 91765 This is to advise that the City of Diamond Bar, acting as the lead agency, has conducted an Initial Study to determine if the project may have a significant effect on the environment and is proposing this Negative Declaration based on the following finding: ® The Initial Study shows that there is no substantial evidence that the project may have a significant effect on the environment. ❑ The Initial Study identified potentially significant effects but: (1) Revisions in the project plans or proposals made or agreed to by the applicant before this proposed Negative Declaration was released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur, and (2) There is no substantial evidence before the agency that the project as revised may have a significant effect on the environment. The Planning Commission hereby finds that the Negative Declaration reflects its independent judgement. A copy'of the Initial Study, and any applicable mitigation measures, and any other material which constitute the record of proceedings upon which the City based its decision to adopt this Negative Declaration may be obtained at: City of Diamond Bar Community and Development Services Department/Planning Division 21825 E. Copley Drive Diamond Bar, CA 91765 (909) 839-7030 The public is invited to comment on the proposed Negative Declaration during the review period, which begins April 18, 2003 and ends May 7, 2003 nature Date received for filing and posting Title 3 /zo /eco ❑ Los Angeles County Clerk's Office ❑ OPR CITY OF DIAMOND BAR NEGATIVE DECLARATION NO. 2003-01 for DEVELOPMENT CODE AMENDMENT NO. 2003-01 City of Diamond Bar 21825 E. Copley Drive Diamond Bar, County of Los Angeles, CA 91765 March 20, 2003 CITY OF DIAMOND BAR ENVIRONMENTAL CHECKLIST FORM FOR INITIAL STUDY 1. City Project Number: Development Code Amendment No. 2003-01 2. Project Address: Citywide 3. Applicant: Address: City/State/Zip: Phone: Fax: 4. Property Owner: Address: City/State/Zip: Phone: Fax: 5. Lead Agency: Contact: Address: City/State/Zip: Phone: Fax: City of Diamond Bar 21825 E. Copley Drive Diamond Bar, CA 91765 (909) 839-7030 (909) 861-3117 N/A N/A (Citywide) N/A N/A N/A City of Diamond Bar James DeStefano, Deputy City Manager/Ann J. Lungu, Associate Planner 21825 E. Copley Drive Diamond Bar, CA 91765 (909) 839-7030 (909) 861-3117 6. General Plan Designation: General Commercial(C), Rural Residential (RR), Low Density Residential (RL), Low Medium Residential (RLM), Medium Density Residential (RM), Medium -High Density Residential (RMH), High Density Residential (RH) and Light Industrial (I). 7. Zoning: Neighborhood Commercial (C-1), Community Commercial (C-2), Regional Commercial (C-3), Rural Residential (RR) Low Density Residential (RL), Low Medium Residential (RLM), Medium Residential (RM), Medium High Density Residential (RMH) High Density Residential (RH), Office Professional (OP), Office Business Park (OB) and Light Industrial (I) 1 8. Description of Project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off-site features necessary for its implementation. Attach additional sheets if necessary). The project involves amending the following Articles and Sections of the City's Development Code: Article III: Section 22. 38.010. Tree Preservation. Purpose. This amendment relates to the preservation of naturalized California pepper trees; Section 22.38.060. Exemptions. This amendment relates to the preservation of naturalized California pepper trees; Section 22.16.090. Setback Regulations and Exceptions. This amendment relates to the setback of walls and fences on a reverse corner lot; Section 22.42.110. Table 3-5, Required Setbacks — Accessory Uses and Structures. This amendment relates to setbacks for a tennis court and guest house; Section 22.42.110. Residential Accessory Uses and Structures. This amendment relates to the height of fencing for a tennis court; Section 22.34.030. Single -Family Standards: This amendment relates to landscape maintenance standards on slopes; Section 22.42.040. Multi -Family Standards. This amendment relates to landscape maintenance standards on slopes; Section 22.34.050. Commercial Standards. This amendment relates to landscape maintenance standards on slopes; Section 22.34.060. Industrial Standards. This amendment relates to landscape maintenance standards on slopes; Section 22.30.080. Driveways and Site Access. This amendment relates to driveway width and total area of hardscape in the front yard of a single-family use; Section 22.36.050. Exemptions from Sign Permits. This amendment relates to the placement and size of election signs and signs in the public right-of-way; 2 Section 22.36.080. Prohibited Signs. This amendment relates to the placement of signs in the public right-of-way; Section 22.42.060. Guest Houses. This amendment relates to parcel coverage; Section 22.42.130. Radio and Television Antenna and Wireless Telecommuni- cations Antenna Facilities. This amendment relates to the number of telecommuni- cations facilities allow on a single parcel; Section 22.42.120. Secondary Housing Units. This amendment relates to changing the current Minor Conditional Use Permit process to a ministerial review process to comply with Government Code 65852.2; and Article V: Section 22.68.030. Restrictions on Non -Conforming Structures. This amendment relates to when a structure shall be deemed non -conforming; The City's Development Code was adopted on November 3, 1998 and became effective on December 3, 1998. The Development Code embodies regulations and the procedures and requirements for development applications while implementing the goals, policies, and strategies of the Diamond Bar General Plan. After implementing the Development Code since December1998, the City is aware that certain areas of the Development Code require amending to suit the development needs of Diamond Bar. 9. Surrounding Land Uses and Setting: The Development Code's proposed amendments would apply on a citywide basis. 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement): No other public agency approvals are required. 11. List City of Diamond Bar related applications for this project that must be processed simultaneously: No other City of Diamond Bar related applications are required. 12. List prior projects for this parcel: None. 3 PACOIMA RESEDA V BUN6 a�+aw� ctFxoufra,v�Ewa,uRvoA' TARZANA GLI ENCINO SHERMAN OAKS BEVERLY HILLS HOLLYWOOD ,e MONICA CULVER CITY MARINA DEL REY tat was wlfua , Affm EL SEGUNDI IDALE PASADENA t CLAREMONT `"'� CUI C COVINA ,o LA VERNE w UPLAND to to MONTCLAIR 10 WEST COVINA POMONA +ovr4 MONTEREY PARK w ONTARIO uax LA. WALNUT w w w INDUSTRY CHINO S CO RIVVERA i_ DIAMOND BA „o WHITTIER LYNWOOD SANTA FE �1 BREA ,os DOWNEY SPRINGS i s� s+ YORBA NO LK`'� ++ LINDA COMPTON BELLFLOWER PLACENTA it +1 +, FULLERTON ++ PACIFIC ` �R ++SBUENA NAHEIM OCEAN TORRANCE + PARK y s ,1a 33 ]9 LONG BEACH LOS LAMITOS GARDEN ORAN E PALOS ,o3 VERDES� WE TMINSTER STIN ie, 241 SAN SEAL SANTA ANA .� PEDRO PWOF BEACH Lac+ucN FOUNTAIN i �eS HUNTNIGTON VALLEY ss us BEACH IRVINE PACIFIC NEWPORT BBEACH OCEAN DIAMOND BAR -GUNA uGUNA AREA FREEWAY MAP BEAGH NIGUEL COPYRIGHT 0 2002 by Map Masters, San Diego Co., CA (858) 486-7700 DANA Publisher's Representatives, Hal Freeland & Shelly Merbach POINT MISSION VIEJO CORONA DIAMOND BAR W.ravao�.aec �► . .ukc ■ • i ST - Mi Af, � 1 i i DIAMOND r� w �`�_ _ BAR ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. 1. Land Use and Planning _ 9. Hazards _ 2. Population and Housing _ 10. Noise _ 3. Geologic Problems _ 11. Public Services _ 4. Water _ 12. Utilities & Service Systems _ 5. Air Quality _ 13. Aesthetics _ 6. Transportation/ Circulation _ 14. Cultural Resources _ 7. Biological Resources _ 15. Recreation _ 8. Energy & Mineral 16. Mandatory Findings Resources _ of Significance _ 4 DETERMINATION On the basis of this initial evaluation: Project Number: DCA No. 2003-01 I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. X I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the NUTIGATION MEASURES described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have significant effect on the environment, and an ENVIRONMENTAL UVIPACT REPORT is required. I find that the proposed project MAY have a significant effect(s) on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impact" OR "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. March 20, 2003 Date Ann J. Lungu , Associate Planner Printed Name 5 PART 4 - EVALUATION OF ENVIRONMENTAL EMPACTS A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g. the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards (e.g. the project will not expose sensitive receptors to pollutants, based on a project -specific screening analysis.) 2. All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4. "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an affect from "Potentially Significant Impact" to a "Less than Significant Impact." The lead agency must described the mitigation measures and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross-referenced). 5. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063 (c)(3)(D). Earlier analyses are discussed in Section SVII at the end of the checklist. 6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impact (e.g. general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. N Existing Conditions: a. — c. The proposed Development Code Amendment is related to tree protection, tennis court fencing, setback regulations for residential accessory structures, setback regulations for walls and fences on a reverse comer lot, slope maintenance in all zoning districts, residential driveway width, election signs and signs in the public right -of way, number of telecommunications facilities on a parcel, lot coverage for a guest house, ministerial review for second units and restrictions on non -conforming structures. The proposed amendment will continue to implement the General Plan in that the proposed setbacks for a tennis court and guest house will maintain an organized pattern of land use which will minimize conflicts between adjacent properties and provide a larger buffer areas between adjacent properties. The proposed amendment will allow a single-family residential use to extend the primary driveway pavement width by 12 feet provided that 50 percent of the total front yard area is landscaped. On March 5, 2002, the City adopted an ordinance that prohibits parking on city streets during specific hours on specified days for street sweeping. As a result, there is a need to widen driveways in residential zones in specific cases in order to create more off-street parking. The proposed amendment related to second units is required in order to comply with Government Code Section 65852.2. The City currently requires a Conditional Use Permit (discretionary review) for processing a second unit. Pursuant to Government Code Section 65852.2, on July 1, 2003 submittal for second units shall be processed ministerially. The proposed amendment will comply with Government Code Section 65852.2. The proposed amendment related to restrictions on non -conforming structures relates to a typographical error. The proposed amendment related to the number of telecommunication facilities on a parcel of land. The amendment will still permit telecommunication facilities in a residential zone with a Conditional Use Permit, pursuant to the City's telecommunication facilities map. However, such facilities may only be located in a residential zone on properties that do ENVIRONMENTAL ISSUES Potentially Potentially i I Less Than No j Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated 1. LAND USE AND PLANNINGs'Woul the: ..,"`� °< a. Conflict with any applicable land use plan, policy, or regulation of an i agency with jurisdiction over the project (including, but not limited to the General plan, specific plan, local coastal program, or zoning X ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? Source #s: General Plan, Land Use Element; b. Conflict with applicable habitat conservation plan or natural community conservation plan? Source #s: General Plan, Land Use i Element; X C. Disrupt or divide the physical arrangement of an established community (including a low-income or minority community)? X Source #s: General Plan, Land Use Element; Existing Conditions: a. — c. The proposed Development Code Amendment is related to tree protection, tennis court fencing, setback regulations for residential accessory structures, setback regulations for walls and fences on a reverse comer lot, slope maintenance in all zoning districts, residential driveway width, election signs and signs in the public right -of way, number of telecommunications facilities on a parcel, lot coverage for a guest house, ministerial review for second units and restrictions on non -conforming structures. The proposed amendment will continue to implement the General Plan in that the proposed setbacks for a tennis court and guest house will maintain an organized pattern of land use which will minimize conflicts between adjacent properties and provide a larger buffer areas between adjacent properties. The proposed amendment will allow a single-family residential use to extend the primary driveway pavement width by 12 feet provided that 50 percent of the total front yard area is landscaped. On March 5, 2002, the City adopted an ordinance that prohibits parking on city streets during specific hours on specified days for street sweeping. As a result, there is a need to widen driveways in residential zones in specific cases in order to create more off-street parking. The proposed amendment related to second units is required in order to comply with Government Code Section 65852.2. The City currently requires a Conditional Use Permit (discretionary review) for processing a second unit. Pursuant to Government Code Section 65852.2, on July 1, 2003 submittal for second units shall be processed ministerially. The proposed amendment will comply with Government Code Section 65852.2. The proposed amendment related to restrictions on non -conforming structures relates to a typographical error. The proposed amendment related to the number of telecommunication facilities on a parcel of land. The amendment will still permit telecommunication facilities in a residential zone with a Conditional Use Permit, pursuant to the City's telecommunication facilities map. However, such facilities may only be located in a residential zone on properties that do Existing Conditions: a. — c. The proposed Development Code Amendment is related to tree protection, tennis court fencing, setback regulations for residential accessory structures, setback regulations for walls and fences on a reverse corner lot, slope maintenance in all zoning districts, residential driveway width, election signs and signs in the public right -of way, number of telecommunications facilities on a parcel, lot coverage for a guest house, ministerial review for second units and restrictions on non -conforming structures. The proposed amendment will continue to implement the General Plan in that the proposed setbacks for a tennis court and guest house will maintain an organized pattern of land use which will minimize conflicts between adjacent properties and provide a larger buffer areas between adjacent properties. The proposed amendment will allow a single-family residential use to extend the primary driveway pavement width by 12 feet provided that 50 percent of the total front yard area is landscaped. On March 5, 2002, the City adopted an ordinance that prohibits parking on city streets during specific hours on specified days for street sweeping. As a result, there is a need to widen driveways in residential zones in specific cases in order to create more off-street parking. The proposed amendment related to second units is required in order to comply with Government Code Section 65852.2. The City currently requires a Conditional Use Permit (discretionary review) for processing a second unit. Pursuant to Government Code Section 65852.2, on July 1, 2003 submittal for second units shall be processed ministerially. The proposed amendment will comply with Government Code Section 65852.2. The proposed amendment related to the number of telecommunication facilities on a parcel of land. The amendment will still permit telecommunication facilities in a residential zone with a Conditional Use Permit, pursuant to the City's telecommunication facilities map. However, such facilities may only be located in a residential zone on properties that do not contain a residential structure (i.e., church properties, schools, water tanks and similar type facilities) and on such residentially zoned properties only one telecommunication facilities per parcel will be permitted. This amendment will ENVIRONMENTAL ISSUES Potentially Potentially Less Than No Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated 1. 1 LAND'USE ANDT""IN a. Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the General plan, specific plan, local coastal program, or zoning X ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? Source #s: General Plan, Land Use Element; b. Conflict with applicable habitat conservation plan or natural community conservation plan? Source #s: General Plan, Land Use Element; X C. Disrupt or divide the physical arrangement of an established community (including a low-income or minority community)? X Source #s: General Plan, Land Use Element; Existing Conditions: a. — c. The proposed Development Code Amendment is related to tree protection, tennis court fencing, setback regulations for residential accessory structures, setback regulations for walls and fences on a reverse corner lot, slope maintenance in all zoning districts, residential driveway width, election signs and signs in the public right -of way, number of telecommunications facilities on a parcel, lot coverage for a guest house, ministerial review for second units and restrictions on non -conforming structures. The proposed amendment will continue to implement the General Plan in that the proposed setbacks for a tennis court and guest house will maintain an organized pattern of land use which will minimize conflicts between adjacent properties and provide a larger buffer areas between adjacent properties. The proposed amendment will allow a single-family residential use to extend the primary driveway pavement width by 12 feet provided that 50 percent of the total front yard area is landscaped. On March 5, 2002, the City adopted an ordinance that prohibits parking on city streets during specific hours on specified days for street sweeping. As a result, there is a need to widen driveways in residential zones in specific cases in order to create more off-street parking. The proposed amendment related to second units is required in order to comply with Government Code Section 65852.2. The City currently requires a Conditional Use Permit (discretionary review) for processing a second unit. Pursuant to Government Code Section 65852.2, on July 1, 2003 submittal for second units shall be processed ministerially. The proposed amendment will comply with Government Code Section 65852.2. The proposed amendment related to the number of telecommunication facilities on a parcel of land. The amendment will still permit telecommunication facilities in a residential zone with a Conditional Use Permit, pursuant to the City's telecommunication facilities map. However, such facilities may only be located in a residential zone on properties that do not contain a residential structure (i.e., church properties, schools, water tanks and similar type facilities) and on such residentially zoned properties only one telecommunication facilities per parcel will be permitted. This amendment will implement the General Plan by minimizing land use conflicts between adjacent properties and maintain the integrity and prevailing character of residential neighborhoods. The proposed amendment will not conflict with applicable habitat conservation plan or natural community conservation plan or disrupt or divide the physical arrangement of an established community due to the nature of the amendment. Furthermore, tree protection is address under Biological Resources. The proposed amendment related to slope maintenance, election signs and signs in the public right-of-way, and fence height are addressed under Aesthetics. The amendment related to lot coverage for a guest house, setback regulations for walls and fences on a reverse corner lot and restrictions on non -conforming structures is due to a typographical error. Existing Conditions: a.- c., The proposed Development Code Amendment is not related to and will not displace a substantial number of people, thereby necessitating the construction of replacement housing elsewhere. The amendment will not induce growth or displace existing housing. The amendment is related to tree protection, tennis court fencing, setback regulations for residential accessory structures, setback regulations for walls and fences on a reverse corner lot, slope maintenance in all zoning districts, residential driveway width, election signs and signs in the public right-of-way, number of telecommunications facilities on a parcel, lot coverage for a guest house, ministerial review for second units and restrictions on non -conforming structures. ENVIRONMENTAL ISSUES Potentially Potentially i Less Than No Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated 2. POPULATION' AND HOUSING. `Would I: a. Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? Source #s: General Plan, Land Use Element and Housing Element; X b. Induce substantial growth in an area either directly or indirectly (e.g. through projects in an undeveloped area or extension of major X infrastructure)? Source #s: General Plan, Land Use Element and Housing Element; c. Displace substantial numbers of existing housing, necessitating the X construction of replacement housing elsewhere? Sources #s: General Plan, Land Use Element and Housing Element; Existing Conditions: a.- c., The proposed Development Code Amendment is not related to and will not displace a substantial number of people, thereby necessitating the construction of replacement housing elsewhere. The amendment will not induce growth or displace existing housing. The amendment is related to tree protection, tennis court fencing, setback regulations for residential accessory structures, setback regulations for walls and fences on a reverse corner lot, slope maintenance in all zoning districts, residential driveway width, election signs and signs in the public right-of-way, number of telecommunications facilities on a parcel, lot coverage for a guest house, ministerial review for second units and restrictions on non -conforming structures. ENVIRONMENTAL ISSUES Potentially Potentially Less Than No Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated 3. GEOLOGTAiV�:S41LS• a. Expose people or structures to potential substantial adverse effects, X including the risk of loss, injury, or death involving: Source #s: General Plan, Public Health and Safety Element; i) Rupture of a known earthquake fault, as delineated on the most X recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Divisions of Mines and Geology Special Publications 42. Seismic ground shaking? Source #s: General Plan, Public Health and Safety Element; ii) Strong seismic ground shaking? Source #s: General Plan, Public X Health and Safety Element; iii) Seismic -related ground failure, including liquefaction? Source #s: General Plan, Public Health and Safety Element; X iv) Landslides? Source #s: General Plan, p. IV -3, Fig. IV -1; General Plan, Public Health and Safety Element; X b. Result in substantial soil erosion or the loss of top soil? Source #s: X General Plan, Public Health and Safety Element; C. Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on/or off-site landslide, lateral spreading, subsidence, liquefaction or X collapse? Source #s: General Plan, Public Health and Safety Element; d. Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks of life or property? Source #s: General Plan, Public Health and Safety X Element; e. Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are X not available for the disposal of waste water? Source #s: General Plan, Public Health and Safety Element; Existing Conditions: a. — e. The proposed Development Code Amendment is not related to geology or soils within the City and will not have an impact on how projects are processed with respect to geology and soils issues. The amendment is related to tree protection, tennis court fencing, setback regulations for residential accessory structures, setback regulations for walls and fences on a reverse corner lot, slope maintenance in all zoning districts, residential driveway width, election signs and signs in the public right-of- way, number of telecommunications facilities on a parcel, lot coverage for a guest house, ministerial review for second units and restrictions on non -conforming structures. ENVIRONMENTAL ISSUES Potentially Potentially Less Than No Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated 4. HYDROLOGY;AN© WATERQU a. Violate any water quality standards or waste discharge X requirements? Source #s: General Plan, Public Health and Safety Element; b. Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in X aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to his level which would not support existing land uses or planned uses for which permits have been granted)? Source #s General Plan, Public Health and Safety Element; C. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of the stream or river, X and a manner which would result in substantial erosion in or siltation on/or off-site? Source #s: General Plan, Public Health and Safety Element; d. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of the stream or river, X or substantially increase the rate or amount of surface runoff in a manner, which would result in flooding on/or off-site? Source #s: General Plan, Public Health and Safety Element; e. Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? Source #s: General X Plan, Public Health and Safety Element; f. Otherwise substantially degrade water quality? Source #s: General Plan, Public Health and Safety Element; X g. Place housing within a 100 -year flood hazard area has mapped on the Federal Flood Hazard Boundary or Flood Insurance Rate Map or X other flood hazard to delineation map? Source #s: General Plan, Public Health and Safety Element; h. Place within a 100 -year flood hazard area structures which would impede were redirect flood flows? Source #s: General Plan, Public X Health and Safety Element; Existing Conditions: a. — j. The proposed Development Code Amendment is not related to and will not effect water quality and hydrology within the City and will not have an impact on how projects are processed with respect to water quality and hydrology issues. The amendment is related to tree protection, tennis court fencing, setback regulations for residential accessory structures, setback regulations for walls and fences on a reverse corner lot, slope maintenance in all zoning districts, residential driveway width, election signs and signs in the public right-of-way, number of telecommunications facilities on a parcel, lot coverage for a guest house, ministerial review for second units and restrictions on non -conforming structures. i. Expose people or structures to significant risk or loss, injury or death involving flooding, including flooding has a result of the failure of the X levee or dam? Source #s General Plan, Public Health and Safety Element; j. Indentation by sieche, tsunami, or mudflows? Source #s: General Plan, Public Health and Safety Element; X Existing Conditions: a. — j. The proposed Development Code Amendment is not related to and will not effect water quality and hydrology within the City and will not have an impact on how projects are processed with respect to water quality and hydrology issues. The amendment is related to tree protection, tennis court fencing, setback regulations for residential accessory structures, setback regulations for walls and fences on a reverse corner lot, slope maintenance in all zoning districts, residential driveway width, election signs and signs in the public right-of-way, number of telecommunications facilities on a parcel, lot coverage for a guest house, ministerial review for second units and restrictions on non -conforming structures. Existing Conditions: a. -e. The proposed Development Code Amendment is not related to a construction project and as such will not effect air quality within the City and will not have an impact on how projects are processed with respect to air quality issues. The amendment is related to tree protection, tennis court fencing, setback regulations for residential accessory structures, setback regulations for walls and fences on a reverse corner lot, slope maintenance in all zoning districts, residential driveway width, election signs and signs in the public right-of-way, number of telecommunications facilities on a parcel, lot coverage for a guest house, ministerial review for second units and restrictions on non -conforming structures. ENVIRONMENTAL ISSUES Potentially Potentially Less Than No Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated 5. A1R QUAl.1 a by they-Pj�,� dlstrict:may� o Would1he�. .. � . a. Conflict with or obstruct the implementation of the applicable air X quality plan? Source #s: General Plan, Public Health and Safety Element; b. Violate any air quality standards or contribute substantially to an existing or projected air quality violation? Source #s General Plan, X Public Health and Safety Element; C. Result in cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions, which exceed quantitative thresholds for ozone X precursors)? Source #s: General Plan, Public Health and Safety Element; d. Expose sensitive receptors to substantial pollutant concentrations? Source #s: General Plan, Public Health and Safety Element; X e. Create objectionable voters affecting a substantial number of people? Source #s: General Plan, Public Health and Safety X Element; Existing Conditions: a. -e. The proposed Development Code Amendment is not related to a construction project and as such will not effect air quality within the City and will not have an impact on how projects are processed with respect to air quality issues. The amendment is related to tree protection, tennis court fencing, setback regulations for residential accessory structures, setback regulations for walls and fences on a reverse corner lot, slope maintenance in all zoning districts, residential driveway width, election signs and signs in the public right-of-way, number of telecommunications facilities on a parcel, lot coverage for a guest house, ministerial review for second units and restrictions on non -conforming structures. Existing Conditions: a. -g. The proposed Development Code Amendment is not related to a construction project and as such will not effect transportation/traffic within the City and will not have an impact on how projects are processed with respect to transportation/traffic issues. The amendment is related to tree protection, tennis court fencing, setback regulations for residential accessory structures, setback regulations for walls and fences on a reverse corner lot, slope maintenance in all zoning districts, residential driveway width, election signs and signs in the public right-of-way, number of ENVIRONMENTAL ISSUES Potentially Potentially Less Than No Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated 6. TRANSPORTAIONFTAAFFIW ;r a. Cause increase in traffic which is substantial in relation to the existing traffic load capacity of the street system (i.e. result in substantial increase in either the number of vehicle trips, the volume X to capacity ratio on roads, or congestion at intersections) Source #s: General Plan, Circulation Element; b. Substantially increase hazards due to design feature (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? Source #s: General Plan, General Plan, Circulation X Element; C. Result in a change in air traffic patterns, including either in increase in traffic levels or at change in location and result in substantial X safety risks? Source #s: General Plan, General Plan, Circulation Element; d. Inadequate parking capacity? Source #s: General Plan, General Plan, Circulation Element; X e. Exceeding, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads and highways? Source #s: General Plan, Circulation Element; X f. Result in inadequate emergency access? Source #s: General Plan, Circulation Element; X g. Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? Source #s: General Plan, Circulation Element; X Existing Conditions: a. -g. The proposed Development Code Amendment is not related to a construction project and as such will not effect transportation/traffic within the City and will not have an impact on how projects are processed with respect to transportation/traffic issues. The amendment is related to tree protection, tennis court fencing, setback regulations for residential accessory structures, setback regulations for walls and fences on a reverse corner lot, slope maintenance in all zoning districts, residential driveway width, election signs and signs in the public right-of-way, number of telecommunications facilities on a parcel, lot coverage for a guest house, ministerial review for second units and restrictions on non -conforming structures. Existing Conditions: a. -e. The proposed Development Code Amendment is not related to biological resources and as such will not effect biological resources within the City and will not have an impact on how projects are processed with respect to biological resource issues. The amendment is related to tree protection, tennis court fencing, setback regulations for residential accessory structures, setback regulations for walls and fences on a reverse corner lot, slope maintenance in all zoning districts, residential driveway width, election signs and signs in the public right-of-way, number of telecommunications facilities on a parcel, lot coverage for a guest house, ministerial review for second units and restrictions on non -conforming structures. However, the City pursuant to the General Plan and Development Code lists California pepper trees as a tree species to protect and preserve if the trunk size is eight inches or greater in diameter at breast height (DBH). Additionally, the Code allows the replacement of said tree specie. The proposed amendment will still require the protection of California pepper ENVIRONMENTAL ISSUES Potentially Potentially Less Than No Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated 7. BIOLOGICAL RESOURCE : :� 4 .... ` , .: a. Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plan, policies, or X regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Services? Source #s: General Plan, Land Use Element and Resource Element; b. Substantial adverse effect on and riparian habitat, federally protected wetlands as defined by Section 404 clean Water Act, or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Services? Source #s: General X Plan, Resource Element; C. A conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? Source #s: General Plan, Land Use Element; X d. Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, X filling hydrological interruption, or other means? Source #s: General Plan, Resource Element; e. Substantial interference with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife X nursery sites? Source #s: General Plan, Resource Element; Existing Conditions: a. -e. The proposed Development Code Amendment is not related to biological resources and as such will not effect biological resources within the City and will not have an impact on how projects are processed with respect to biological resource issues. The amendment is related to tree protection, tennis court fencing, setback regulations for residential accessory structures, setback regulations for walls and fences on a reverse corner lot, slope maintenance in all zoning districts, residential driveway width, election signs and signs in the public right-of-way, number of telecommunications facilities on a parcel, lot coverage for a guest house, ministerial review for second units and restrictions on non -conforming structures. However, the City pursuant to the General Plan and Development Code lists California pepper trees as a tree species to protect and preserve if the trunk size is eight inches or greater in diameter at breast height (DBH). Additionally, the Code allows the replacement of said tree specie. The proposed amendment will still require the protection of California pepper trees, but where appropriate. The California pepper tree is not a species that is a listed as sensitive, or has special status species in local, regional or federal plan, or policies. Existing Conditions: a. -b. The proposed Development Code Amendment is not related to mineral resources and as such will not effect mineral resources within the City and will not have an impact on how projects are processed with respect to mineral resources issues. Additionally, according to the City's Resource Element, no mineral deposits of statewide or regional importance exist in the City of Diamond Bar. The amendment is related to tree protection, tennis court fencing, setback regulations for residential accessory structures, setback regulations for walls and fences on a reverse corner lot, slope maintenance in all zoning districts, residential driveway width, election signs and signs in the public right-of-way, number of telecommunications facilities on a parcel, lot coverage for a guest house, ministerial review for second units and restrictions on non -conforming structures. ENVIRONMENTAL ISSUES Potentially Potentially Less Than No Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated 8. MINERAL RESIDURCES0000 i � . f M1, �rT-,,,,N,. a. Result in the loss of availability of a locally important mineral X resource recovery site delineated on a local General Plan, specific plan or other land use Plan? Source #s: General Plan, Resource Element; b. Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? X Source #s: General Plan, Resource Element; Existing Conditions: a. -b. The proposed Development Code Amendment is not related to mineral resources and as such will not effect mineral resources within the City and will not have an impact on how projects are processed with respect to mineral resources issues. Additionally, according to the City's Resource Element, no mineral deposits of statewide or regional importance exist in the City of Diamond Bar. The amendment is related to tree protection, tennis court fencing, setback regulations for residential accessory structures, setback regulations for walls and fences on a reverse corner lot, slope maintenance in all zoning districts, residential driveway width, election signs and signs in the public right-of-way, number of telecommunications facilities on a parcel, lot coverage for a guest house, ministerial review for second units and restrictions on non -conforming structures. ENVIRONMENTAL ISSUES Potentially Potentially Less Than i i No Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated 9. HAZARDS AND'HAZARDOUS,MATERIALS:=Would#he ro ect;4}4 a. Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous material? X Source #s: General Plan, Public Health and Safety Element; b. Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? Source #s: X General Plan, Public Health and Safety Element; C. Emit hazardous emissions or handle hazardous or actively hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? Source #s: General Plan, Public X Health and Safety Element; Walnut Valley Unified School District; Pomona Unified School District; City of Diamond Bar House j Numbering Map; d. Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? Source #s: General Plan, Public Health X and Safety Element; e. For project located within an airport land use plan or, where such plan has not been adopted, within two miles the public airport or public use airport, with the project result in the safety hazard for X people residing or working in the project area? Source #s General Plan, Public Health and Safety Element and Land Use Element; f. For project within the vicinity of private airstrip, with the project result in a safety hazard for people residing working in the project area? Source #s: General Plan, Public Health and Safety Element and Land Use Element; X g. Impair implementation of or physically interfere with an adopted emergency resource plan for emergency evacuation Plan? Source #s: General Plan, Public Health and Safety Element X h. Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with X wildlands? Sources #s: General Plan, Public Health and Safety Element Existing Conditions: a. -h. The proposed Development Code Amendment is not related to hazard and hazardous materials and as such will not effect how projects are processed within the City with respect to hazard and hazardous materials issues. The amendment is related to tree protection, tennis court fencing, setback regulations for residential accessory structures, setback regulations for walls and fences on a reverse comer lot, slope maintenance in all zoning districts, residential driveway width, election signs and signs in the public right-of-way, number of telecommunications facilities on a parcel, lot coverage for a guest house, ministerial review for second units and restrictions on non -conforming structures. Existing Conditions: a. -f. The proposed Development Code Amendment is not related to noise and as such will not effect how projects are processed within the City with respect to noise issues. The amendment is related to tree protection, tennis court fencing, setback regulations for residential accessory structures, setback regulations for walls and fences on a reverse corner lot, slope maintenance in all zoning districts, residential driveway width, election signs and signs in the public right-of-way, number of telecommunications facilities on a parcel, lot coverage for a guest house, ministerial review for second units and restrictions on non -conforming structures. ENVIRONMENTAL ISSUES Potentially Potentially Less Than No Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated 10. NOISE. Would',tk9_` ro ect-i esnN y a. i Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies; or exposure of persons to X or generation of excessive groundborne vibration or groundborne noise levels? Source #s: General Plan, Public Health and Safety Element; b. A substantial permanent increase or temporary or periodic in ambient noise levels in the project vicinity above levels existing without the project. Source #s: General Plan, Public Health and X Safety Element; C. A substantial permanent increase in ambient noise levels in the project vicinity of levels existing without the project? Source #s: General Plan, Public Health and Safety Element; X d. A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? Source #s: General Plan, Public Health and Safety Element; X e. For a project located within an airport land use plan or, where such plan has not been adopted, within two miles of the public airport or public use airport, with the project expose people residing or working X in the project area to excess of noise levels? Source #s: General Plan, Public Health and Safety Element; f. For project within the vicinity of private airstrip, with the project expose people residing or working in the project area to excessive noise levels? Source #s: General Plan, Public Health and Safety X Element; Existing Conditions: a. -f. The proposed Development Code Amendment is not related to noise and as such will not effect how projects are processed within the City with respect to noise issues. The amendment is related to tree protection, tennis court fencing, setback regulations for residential accessory structures, setback regulations for walls and fences on a reverse corner lot, slope maintenance in all zoning districts, residential driveway width, election signs and signs in the public right-of-way, number of telecommunications facilities on a parcel, lot coverage for a guest house, ministerial review for second units and restrictions on non -conforming structures. d. I Parks? Source #s: General Plan, Public Health and Safety Element; e. Other public facilities? Source #s: General Plan, Public Health and Safety Element; Existing Conditions: X a. -e. The proposed Development Code.Amendment is not related to public services and as such will not effect the public services referenced above. The amendment is related to tree protection, tennis court fencing, setback regulations for residential accessory structures, setback regulations for walls and fences on a reverse corner lot, slope maintenance in all zoning districts, residential driveway width, election signs and signs in the public right-of-way, number of telecommunications facilities on a parcel, lot coverage for a guest house, ministerial review for second units and restrictions on non -conforming structures. ENVIRONMENTAL ISSUES Potentially Potentially Less Than No Significant Significant Significant Impact Impact Unless Impact Mitigation Incor orated 11. PUBL'CSERVIC °. advese newo.; sc newefph siicall Ater of °which o !f� order io maty do otherperforme ab a • e ;•... ' `esu Ges. a. Fire Protection? Source #s: General Plan, Public Health and Safety X Element; b. Police Protections? Source #s: General Plan, Public Health and Safety Element; X C. Schools? Source #s: General Plan, Public Health and Safety Element; X d. I Parks? Source #s: General Plan, Public Health and Safety Element; e. Other public facilities? Source #s: General Plan, Public Health and Safety Element; Existing Conditions: X a. -e. The proposed Development Code.Amendment is not related to public services and as such will not effect the public services referenced above. The amendment is related to tree protection, tennis court fencing, setback regulations for residential accessory structures, setback regulations for walls and fences on a reverse corner lot, slope maintenance in all zoning districts, residential driveway width, election signs and signs in the public right-of-way, number of telecommunications facilities on a parcel, lot coverage for a guest house, ministerial review for second units and restrictions on non -conforming structures. Existing Conditions: a. -g. The proposed Development Code Amendment is not related to utilities and service systems and as such will not effect how projects are processed in the City with respect to utilities and service systems. The amendment is related to tree protection, tennis court fencing, setback regulations for residential accessory structures, setback regulations for walls and fences on a reverse corner lot, slope maintenance in all zoning districts, residential driveway width, election signs and signs in the public ENVIRONMENTAL ISSUES Potentially Potentially Less Than No Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated 12. UTILITIES AND.SERVICEISTEMS a. Exceed water waste treatment requirements of the applicable X Regional Water Quality Control Board? Source #s: General Plan, Resource Management Element; b. Require or result in the construction of new water or waste water treatment facilities or expansion of existing facilities, the construction X of which could cause significant environmental effects? Source #s: General Plan, Resource Management Element; C. Require or result in the construction of new storm water drain facilities or expansion of existing facilities, the construction of which X could cost significant environmental effects? Source #s: General Plan, Resource Management Element; d. Have sufficient water supplies available to serve the project from existing entitlements and resources, or are newer expected X entitlements needed? Source #s: General Plan, Resource Management Element; e. Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity X to serve the project's projected demand in addition to the provider's existing commitments? Source #s: General Plan, Resource Management Element; f. Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? Source #s: X General Plan Resource Management Element; g. Comply with federal, state, and local statutes and regulations related to solid waste? Source #s: General Plan, Resource Management X Element; Existing Conditions: a. -g. The proposed Development Code Amendment is not related to utilities and service systems and as such will not effect how projects are processed in the City with respect to utilities and service systems. The amendment is related to tree protection, tennis court fencing, setback regulations for residential accessory structures, setback regulations for walls and fences on a reverse corner lot, slope maintenance in all zoning districts, residential driveway width, election signs and signs in the public right-of-way, number of telecommunications facilities on second units and restrictions on non -conforming structures. lot coverage for a guest house, i ENVIRONMENTAL ISSUES Potentially Potentially Less Than No Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated 13. AESTHETICS.,IUo ild the'"''ro ect. a. Have a substantial adverse affect on a scenic vista? Source #s: General Plan, Land Use Element and Resource Management X Element; b. Substantially damaged scenic resources, including but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? Source #s: General Plan, Land Use Element and X Resource Management Element; C. Substantially degrade the existing visual character quality of the site in its surroundings Source #s: General Plan, Land Use Element and X Resource Management Element; d. Create new source of substantial light or glare, which would adversely affect day or nighttime views in the area? Source #s: General Plan, Land Use Element and Resource Management X Element; Existing Conditions: a. -d. The proposed amendment will require property owners to maintain slopes adjacent to a public street in a neat and clean manner, free of weeds and debris and irrigated by hand or by an automatic irrigation system. The City has development new policies related to property maintenance in order to implement General Plan strategies related to aesthetically pleasing hillside areas and to preserve and maintain the quality of existing residential neighborhoods. The proposed amendment is expected to assist in implementing the General Plan and the City's new policies related to property maintenance. Currently, the City requires that tennis court fencing exceeding six feet in height be review through the Minor Conditional Use process. The proposed amendment will allow tennis court fencing at a maximum height of 10 feet without a Minor Conditional Use permit. The purpose of the 10 -foot height is to provide a barrier against tennis balls. The 10 foot high tennis court fencing is accepted and practiced standard height of the American Institute of Architects, Architectural Graphic Standard 10th Edition. Additionally, the amendment will require a minimum 10 -foot rear and side yard setback from the property line, thereby allowing a larger buffer area between parcels to accommodate landscaping to a screen tennis court. Furthermore, the proposed setback will assist in restricting light and glare on to neighboring properties along with the existing approved hours of operating tennis court lighting. The proposed amendment addresses election signs in the public right-of-way and size of said signs on private property. The amendment will prohibit election signs and all signs (except for traffic and traffic directional signs) in the public right-of- way. It will limit the size of election signs to five feet in height and six square feet in residential zones and five feet in height and 12 square feet in commercial and industrial zones. Also, it limits the placement of election signs to front yards only except for corner lot where election signs may be erected in the side yard. The purpose of the proposed standards is to continue to provide safe public right-of-way facilities for drivers and pedestrian by avoiding unnecessary distractions by signs other than those related to the movement of traffic in the public right-of-way. It is not expect that the proposed amendment will substantially damage scenic resources, scenic vistas or the visual character quality of surrounding sites. It is expect that the proposed amendment will improve the visual character quality of within the City of Diamond Bar. Existing Conditions: a. -d. The proposed Development Code Amendment is not related to cultural resources and as such will not effect how projects are processed within the City with respect to cultural resource issues. The amendment is related to tree protection, tennis court fencing, setback regulations for residential accessory structures, setback regulations for walls and fences on a reverse corner lot, slope maintenance in all zoning districts, residential driveway width, election signs and signs in the public right-of- way, number of telecommunications facilities on a parcel, lot coverage for a guest house, ministerial review for second units and restrictions on non -conforming structures. ENVIRONMENTAL ISSUES Potentially Potentially Less Than No Significant Significant Significant Impact j Impact Unless Impact Mitigation Incorporated 14. CULTURAL.RESOUACES Would t ie ro ec% a. Directly or indirectly destroy a unique paleontological resource or site or unique geologic features? Source #s: General Plan, X Resource Management Element; b. Cause a substantial adverse change in the significance of an archaeological resource pursuant to 15064.5. Source #s General Plan, Resource Management Element; X C. Directly or indirectly destroy a unique paleontological resource or site or unique geological feature Source #s: General Plan, Resource Management Element; X d. Disturb any human remains, including those interred outside of formal cemeteries? Source #s: General Plan, Resource Management Element; X Existing Conditions: a. -d. The proposed Development Code Amendment is not related to cultural resources and as such will not effect how projects are processed within the City with respect to cultural resource issues. The amendment is related to tree protection, tennis court fencing, setback regulations for residential accessory structures, setback regulations for walls and fences on a reverse corner lot, slope maintenance in all zoning districts, residential driveway width, election signs and signs in the public right-of- way, number of telecommunications facilities on a parcel, lot coverage for a guest house, ministerial review for second units and restrictions on non -conforming structures. Existing Conditions: a. -b. The proposed Development Code Amendment is not related to recreation and as such will not effect recreational facilities within the City of Diamond Bar. The amendment is related to tree protection, tennis court fencing, setback regulations for residential accessory structures, setback regulations for walls and fences on a reverse corner lot, slope maintenance in all zoning districts, residential driveway width, election signs and signs in the public right-of-way, number of telecommunications facilities on a parcel, lot coverage for a guest house, ministerial review for second units and restrictions on non -conforming structures. ENVIRONMENTAL ISSUES Potentially Potentially Less Than No Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated 15. RECREATION:" ` a. Increase the demand use of existing neighborhood and regional parks or other recreational facilities such that substantial X deterioration of the facility would occur or be accelerated? Source #s: General Plan, Resource Management Element; b. Include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? Source #s: General Plan, X Resource Management Element; Existing Conditions: a. -b. The proposed Development Code Amendment is not related to recreation and as such will not effect recreational facilities within the City of Diamond Bar. The amendment is related to tree protection, tennis court fencing, setback regulations for residential accessory structures, setback regulations for walls and fences on a reverse corner lot, slope maintenance in all zoning districts, residential driveway width, election signs and signs in the public right-of-way, number of telecommunications facilities on a parcel, lot coverage for a guest house, ministerial review for second units and restrictions on non -conforming structures. a. -c. The City of Diamond Bar presently has no important agricultural farmlands according to the California Department of Conservation, Division of Land Resources Protection, and the Soil Conservation Services of the U.S. Department of Agriculture. ENVIRONMENTAL ISSUES Potentially Potentially Less Than No Significant Significant Significant i Impact Impact Unless Impact Mitigation Incorporated 16. AGRICULTURAL RESQURCES � n leterminl "`sihemer�im acts " v to agriculturahfesources are` ntficartt�aar�ronmental..ei#ects, ro lead agencieslmay-referto the allfornr is A�lturaiLafi Evaluation,and Site Assessment`IAodel (199 preparedPy the Califorrilra Department oonsenrati assn budhalbAelta use massessing impacts of agrrcutture arr�tl foul the project ` `$ a a. Convert prime farmland, unique farmland, or farmland of statewide importance (farmland), as shown on the maps prepared pursuant to X the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural uses? Source #s: General Plan, Resource Management Element; b. Conflict with existing zoning for agricultural uses, or a Williamson Act contract? Source #s: General Plan, Resource Management X Element; C. Involve other changes in the existing environment which, due to their location or nature, could result in conversion of farmland, to non- agricultural use? Source #s: General Plan, Resource Management X Element; a. -c. The City of Diamond Bar presently has no important agricultural farmlands according to the California Department of Conservation, Division of Land Resources Protection, and the Soil Conservation Services of the U.S. Department of Agriculture. ENVIRONMENTAL ISSUES Potentially Potentially Less Than No Significant Significant Significant Impact Impact Unless Impact Mitigation Incor orated 17. MANDAT £=RNQINGS: w a a. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of fish or wildlife X species, cause a fish or wildlife population to drop below self sustaining level, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or pre -history? b. Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? X C. Does the project have environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectly? X Existing Conditions: a. Due to the information presented above in this document, it is anticipated that the proposed Development Code Amendment will not have the potential to degrade the quality of the environment, substantially reduce the habitat of Fish or wildlife species, cause fish or wildlife population to drop below self-sustaining level, threatened to eliminate a plant or animal community, reduce the number or restrict the range of rare endangered plant or animal or eliminate important examples of major periods of California history or pre -history. b. Due to the information presented above in this document, it is anticipated that the proposed Development Code Amendment will not have the potential to achieve short-term, to the disadvantage of long-term, environmental goals. C. Due to the information presented above in this document, it is anticipated that the proposed Development Code Amendment will not have environmental effects, which will cause substantial as adverse effects on human beings, either directly or indirectly. MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION MAY 13, 2003 CALL TO ORDER: Chairman Tye called the meeting to order at 7:05 p.m. in the South Coast Air Quality Management/Government Center Auditorium, 21865 Fast Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Commissioner Ruzicka led the pledge of allegiance. 1. 2. 3. 4. 5. 6. ROLL CALL: Present: Chairman Steve Tye, Vice Chairman Dan Nolan, and Commissioners Steve Nelson, Joe Ruzicka and Jack Tanaka. Also present: James DeStefano, Deputy City Manager, Ann Lungu, Associate Planner, Linda Smith, Development Services Assistant, and Stella Marquez, Administrative Assistant. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None Offered. APPROVAL OF AGENDA: As presented. CONSENT CALENDAR: 4.1 Approval of April 22, 2003, regular meeting minutes. C/Ruzicka moved, C/Tanaka seconded, to approve the April 22, 2003 minutes as presented. Without objection, the motion was so ordered with Chair/Tye abstaining. OLD BUSINESS: None NEW BUSINESS: None 7. PUBLIC HEARINGS: 7.1 Development Review No. 2003-01 (Pursuant to Code Section 22.48.020.A.) is a request to construct a two story, single family residence of approximately 10,643 gross square feet including balconies, porch, patio and attached four -car garage. MAY 13, 2003 PROJECT ADDRESS PROJECT OWNER/ APPLICANT: Page 2 PLANNING COMMISSION 3099 Windmill Drive (Lot 5, Tract No. 50314) Diamond Bar, CA 91765 Windmill Estates, LLC 3480 Torrance Boulevard #300 Torrance, CA 90503 AssocP/Lungu presented staff's report. Staff recommends that the Planning Commission approve Development Review No. 2003-01, Findings of Fact, and conditions of approval as listed within the resolution. Chair/Tye asked if "The Country Estates" architectural committee had approved the project. AssocP/Lungu explained that the JCC project is located within "The Country Estates." However, JCC has their own CC&R's and their own architectural committee. Curt Nelson, applicant, said he read staff's report and concurred with the conditions of approval. However, the project does not have a basement as stated in staff report (page 3). Chair/Tye opened the public hearing. There being no one present who wished to speak on this matter, Chair/Tye closed the public hearing. C/Ruzicka moved, VC/Nolan seconded, to approve Development Review No. 2003-01, Findings of Fact, and conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Nelson, Ruzicka, Tanaka, VC/Nolan, Chair/Tye NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 7.2 Variance No. 2003-02, Administrative Development Review No 2002-22 Tree Permit No. 2003-03 and Negative Declaration No. 2003-03 (pursuant to Code Sections 22.54, 22.48.020, and 22.38) this is a request to construct a three story (two - stories with basement), single-family residence with balcony, covered patio, and two two -car garages totaling to approximately 5,673 gross square feet. The request also includes site retaining walls up to an exposed height of six (6) feet. The applicant MAY 13, 2003 Page 3 PLANNING COMMISSION requests approval of a Variance for a reduced front yard setback and a Tree Permit to remove and replace protected/preserved trees. PROJECT ADDRESS PROPERTY OWNER: 22364 Kicking Horse Drive (Lot 6, Tract 32482) Diamond Bar, CA 91765 Lo and Alba Moesser 2707 Diamond Bar Boulevard Diamond Bar, CA 91765 APPLICANT: Horizon Pacific 2707 Diamond Bar Boulevard Diamond Bar, CA 91765 DSA/Smith presented staff's report. Staff recommends Planning Commission approval of Variance No. 2003-02, Administrative Development Review No. 2002-22, Tree Permit No. 2003-03, Negative Declaration No. 2003-03, Findings of Fact, and conditions of approval as listed within the draft resolution. DSA/Smith responded to C/Nelson that staff's condition for replacement of the two Pepper trees should be one of the two protected species. Chair/Tye opened the public hearing. Jerry Yeh, applicant, said he and the owner reviewed staff's report and concur with the conditions of approval. There being no one else who wished to speak on this matter, Chair/Tye closed the public hearing. C/Nelson wanted the approval of this project to include specific species of trees for replacement of the pepper trees. He felt the Walnuts were the best choice for replacement of the peppers and Oaks for Oaks. C/Ruzicka moved, C/Nelson seconded, to approve Variance No. 2003-02, Administrative Development Review No. 20.02-22, Tree Permit No. 2003-03, Negative Declaration No. 2003-03, Findings of Fact, and conditions of approval as listed within the resolution, subject to the provision that the two pepper trees slated for removal will be replaced with California Walnut trees. Motion carried by the following Roll Call vote: MAY 13, 2003 Page 4 PLANNING COMMISSION AYES: CONMSSIONERS: Nelson, Ruzicka, Tanaka, VC/Nolan. Chair/Tye NOES: CONMSSIONERS: None ABSENT: CONMSSIONERS: None 7.3 Development Code Amendment No. 2003-01 (pursuant to Code Section 22.44) is a request to amend the following Articles/Sections of the Development Code: PROJECT ADDRESS PROPERTY OWNER: Citywide City of Diamond Bar AssocP/Lungu explained the following proposed amendments. ARTICLE III Sections 22.38.010, 22.38.030 and 22.38.060 — Tree Preservation and Protection: Amendment relates to the preservation of naturalized California pepper trees where appropriate and changes "naturalized California pepper trees" to just pepper trees. Section 22.16.090 — Setback Regulations and Exceptions: Amendment relates to setbacks for walls and fences on a reverse corner lot. Gives the director authority to reverse the required setback from 10 feet to 5 feet on a reverse corner lot if the clear line of site is maintained for vehicles and pedestrian traffic. This is a housekeeping amendment to clean up the typos. C/Tanaka asked AssocP/Lungu to give him an example of a reverse corner lot and she sketched an example on the overhead. Section 22.42.110, Table 3-15 — Residential Accessory Uses and Structures: Amendment relates to setbacks for a tennis court and guesthouse. Table 3-15 does not currently list setbacks for tennis courts and guesthouses. The recommendation is to make the language clearer by including in the table for tennis courts, that they have side and rear setbacks of 10 feet and tennis courts on a street side would have the same setback as the main structure. For guesthouses, staff is recommending that setbacks be the same as the main structure. The next change is for housekeeping purposes and specifies overall parcel coverage as required in each of the residential zoning districts. MAY 13, 2003 Page 5 PLANNING COMMISSION Section 22.42.110 — Residential Accessory Uses and Structures: Amendment relates to the maximum height of tennis court fencing and walls. Experience shows that tennis courts need 10 foot fencing. Section 22.34.030 — Single -Family Standards, Section 22.34.040 — Multi -Family Standards Section 22.34.050 — Commercial Standards and Section 22.34.060 — Industrial Standards: Amendment relates to landscape maintenance standards for slopes. This section relates to maintenance of slopes on private property that are adjacent or back up to a thoroughfare. Chair/Tye noticed some rather unconventional slopes. Where would this code leave those people? Or, in the instance of the elderly lady whose property backs up to Diamond Bar Boulevard that Paint the Town helped one year. She is not in a position to vegetate and irrigate the slope. DCM/DeStefano responded that the area across from Lorbeer owned by the lady that Paint the Town helped about three years ago may be an area, due to its high visibility, that the City could include in an assessment district. Code Enforcement is a tool, but would the elderly, perhaps fixed income and handicapped property owner deal with the situation? In other areas, Code Enforcement may be appropriate. There is an entire tract of homes in Duarte for which front yards were planted in Cape weed. It is a species that other homeowners pull out of their front yards. It is difficult to arrive at standards. C/Ruzicka felt that any type of landscape situation should take into consideration that Diamond Bar is in a desert area. Whatever the City decides should take into account today's water usage and the population forecast for 20 years from today and what kind of water usage would be faced at that point. He felt the City would do itself a great service by making certain that sustained growth and water use is taken into consideration now so that this section of the code does not have to be rewritten down the line. DCM/DeStefano stated that during the past 14 years Diamond Bar began a process to green up. Brown native landscaping was the appropriate palate of choice prior to that time. Projects approved 10, 12, and 14 years ago were predominately utilizing those types of plant palates — brown, seasonal, lower water usage overall. As the community and its population has grown it now wants green slopes. Case in point — Chino Hills and the development projects along Grand Avenue. The City has added trees and flowers to medians — a lot more green and a lot more water — because that is what the public is telling the City they want. Hillside projects MAY 13, 2003 Page 6 PLANNING COMMISSION are a lot greener in their landscaping palate at this point in history that they were a few years ago. C/Ruzicka's point is well taken. However, the City is being pulled in a different direction. C/Ruzicka said the public should have what it wants as long as everyone bears in mind that there will be an increased price for the additional water the City uses. Section 22.30.080 — Driveways and Site Access: Amendment relates to the pavement width of a driveway in a single-family residential zoning district. This amendment would require that a Minor Conditional Use Permit be obtained through the public hearing process if the property owner wanted to increase the width of the driveway area beyond 12 feet in excess of the garage width. The purpose of this Section is to prevent people from cementing their front yards. Chair/Tye said his house rested on a flag lot. If he wanted to extend his driveway to the right side of his garage back toward the back yard he could do so without a Minor Conditional Use Permit if he kept the width to 12 feet or under. If he wanted 13 feet, it would require a public hearing. How do you measure a flag lot? DCM/DeStefano said that the majority of the single-family lots in the City are traditional. Flag lots are unusual. A Variance may be necessary to achieve an appropriate goal for a flag lot. Sections 22.36.050 and 22.36.080 — Exemptions from Sian Permits and Prohibited Signs: Amendment relates to the placement and size of election signs and signs in the public right- of-way. The recommended amendment would paragraph 5 would be repealed. It would be replaced with the language under the recommended amendment that reads—Election signs, temporary signs pertaining to a local, state or national election, are permitted on private property subject to the following limitations: (as listed within the staff report and forwarded to staff by the City Attorney). According to the City Attorney, he felt that 60 days was the most appropriate restrictive time -period for sign placement. The next section eliminates signs in the public right-of-way except official, traffic control, directional and identification signs erected by the City or other government agencies with jurisdiction. DCM/DeStefano said that this amendment responds to adverse reactions during recent elections. MAY 13, 2003 Page 7 PLANNING COMMISSION Chair/Tye said he thought people were entitled to place election signs in the public right-of- way within 30 days of an election. DCM/DeStefano responded that according to the City Attorney, .individuals are not entitled to place election signs in the public right-of-way even though it has become common practice. If the Commission wishes to allow signs within the public right-of-way, that would be the recommendation to the Council. VC/Nolan asked if staff could determine other municipalities that have adopted a similar sign ordinance. He applauded the language and the effort to remove election signs from the public right-of-way. Section 22.42.060 — Guesthouses: amendment relates to lot coverage for guesthouses. Section 22.42.130 — Radio and Television Antenna and Wireless Telecommunications Antenna Facilities: amendment relates to the number of telecommunications facilities on a parcel in residential zoning districts. Currently, the code does not specify these types of facilities with respect to whether more than one would be allowed per property. Section 22.42.120 — Secondary Housing Units: amendment relates to changing the current Minor Conditional Use process to a ministerial review process to comply with Government Code 65852.2. ARTICLE V Section 22.68.030 — Restrictions on Non -Conforming Structures: amendment relates to when a structure shall be deemed non -conforming. Staff recommends that the Planning Commission adopt a resolution recommending City Council approval of Development Code Amendment No. 2003-01. C/Tanaka was concerned about the sign standards. He would favor approval of the remaining items and would like further consideration of sign standards with additional input from staff about how other cities handle sign standards. VC/Nolan felt it would benefit the Commission to understand what other jurisdictions are doing. MAY 13, 2003 Page 8 PLANNING COMMISSION C/Nelson agreed. He felt that the concept of restricting public property for placement of election signs made sense. Given what took place during a recent election, it would add an element of accountability and responsibility to the election process. On the other hand he did not want to diminish the excitement of political debate. He too, favored discussing the sign standards further and approving the balance of requested amendments. Chair/Tye concurred. He was surprised that the City Attorney found it defensible to ban election signs in public right-of-way. His understanding is that it would infringe on his freedom of speech. He realized there may be a need for limitations and the limitations may have been requirements that were ignored. He has a problem banning election signs from public right-of-ways and would like additional information on the subject including other jurisdictions that have found it to be successful and those that have been able to ban election signs and found it to be defensible. DCM/DeStefano asked if the Commission was comfortable with the recommended standards for landscaping. Chair/Tye said he did have reservations about approving the recommended standards. To C/Ruzicka's point about water usage he would like to see more data on that subject. VC/Nolan reiterated his desire to see what other communities similar to Diamond Bar are doing with regard to landscaping. He brought up the matter of cell sites. DCM/DeStefano asked if the Commission had a desire to limit or reduce the number of items on church and school properties as it does on residential properties. C/Tanaka felt the Commission should consider each type of slope. Some have steep grades and other slope grades are relatively mild. Additionally, the City has slopes that have been cut into the hillside as opposed to a fill and they would be difficult to work with. VC/Nolan felt the City should have restrictions and as a review body have some recourse before it gets out of hand. Regarding the sign ordinance, his vision of people having signs in their yards is that someone sold the property owner on the notion that he would vote for the individual. Private businesses do the same thing. The race to lace them up and down Diamond Bar Boulevard does not speak to that. As a voter it would be more compelling to see a sign on private property than on a major boulevard. He does not want Diamond Bar to be the first City with a sign ordinance that adopts a restrictive ordinance. If there are other municipalities that have been successful in adopting such an ordinance and there have been no issues, he would feel a lot more comfortable. MAY 13, 2003 Page 9 PLANNING COMMISSION DCM/DeStefano stated that based on the comments received from Commissioners, staff would like an opportunity to bring additional information back to the Commission for further consideration at the June 24 meeting. If the Commission is comfortable in adopting the balance of the items, it could excise the three categories of concern. Chair/Tye opened the public hearing. C/Tanaka moved, C/Nelson seconded, to recommend adoption of a resolution approving Development Code Amendment No. 2003-01 extricating Sections 22.34.030, 22.34.040, 22.34.050, 22.34.060, 22.36.050, 22.36.080 and 22.42.130, and continue the public hearing on those items to June 24, 2003. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Nelson, Ruzicka, Tanaka, VC/Nolan, Chairfrye NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 8. PLANNING COMMISSION COMMENTS: C/Nelson said he watched with keen interest the telecommunications tower at St. Denis go up and he is very pleased with the result of the installation. His only comment was that next time the tree should not look so perfect and that the bolts tying the tree to the ground should be camouflaged. Chair/Tye agreed that it was a good installation. 9. INFORMATIONAL ITEMS: DCM/DeStefano earlier joined the City Council for tonight's study of the City's current and next year's goals and objectives. Council is working on next year's budget. Some of the items that staff would likely bring to the Commission would be some hillside residential projects, zone changes to coincide with the City's General Plan, General Plan changes and other projects yet to be determined. In 2004 staff should be presenting the Commission with larger retail projects to be constructed on some vacant remaining land — one on the Calvary Chapel site and Site D. Similar to Council's recognition of "Business of the Month" it is considering "House of the Month" to acknowledge well -kept properties. The same format could be used to showcase a "Business of the Month." DCM/DeStefano stated that the Extended -Stay America project was withdrawn at the last second. Extended -Stay America, a partner in the project, would have exceeded its debt ratio with its expansion campaign so all projects not physically under construction were stopped. DCM/DeStefano reported that he, Council Members, the City Manager and other staff members would be attending the Retail Developers Conference in Las Vegas next week. MAY 13, 2003 Page 10 PLANNING COMMISSION DCM/DeStefano stated that construction has begun on the four year SR57/60 HOV connector project. Chair/Tye asked if staff would attempt to interest another hotel owner in similar plans for development of the trailer park. DCM/DeStefano said he would use the plan that was forwarded to the City Council. He said he would also use the fact of the Planning Commission approval as positives. There was a small window of opportunity for Extended - Stay America to rescind their withdrawal. If there is not some direction from the developer very soon, they would most likely have to come back before the Planning Commission before the project went to the City Council. Chair/Tye pointed out how the center across from Lorbeer Middle School at the corner of Golden Springs Dd ve and Diamond Bar Boulevard has improved. He asked DCNVDeStefano if he would use such examples to attract other business. DCM/DeStefano said he would. 10. SCHEDULE OF FUTURE EVENTS: As presented in the agenda. ADJOURNMENT: C/Tanaka moved, C/Nelson seconded, to adjourn the meeting. There being no further business to come before the Planning Commission, Chairman Tye adjourned the meeting at 8:45 p.m. Respectfully Submitted, J DeStefano Koo Deputy City Man ger MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION JUNE 24, 2003 CALL TO ORDER: Chairman Tye called the meeting to order at 7:05 p.m. in the South Coast Air Quality Management/Government Center Auditorium, 21865 East Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Commissioner Ruzicka led the pledge of allegiance. 1. ROLL CALL: Present: Chairman Steve Tye; Vice Chairman Dan Nolan; and Commissioners Joe Ruzicka; and Jack Tanaka. Commissioner Steve Nelson was excused. Also present were: James DeStefano, Deputy City Manager; Ann Lungu, Associate Planner; and Stella Marquez, Administrative Assistant. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None Offered. 3. APPROVAL OF AGENDA: Chair/Tye requested that Agenda Item 8 be moved ahead of Agenda Item 7. 4. CONSENT CALENDAR: 4.1 Approval of June 10, 2003, regular meeting minutes. C/Ruzicka asked that page 4, line 5, be amended to read: "Not all speech is protected by the constitution at the same high level." C/Ruzicka moved, C/Tanaka seconded, to approve the June 10, 2003, minutes as amended. Without objection, the motion was so ordered with C/Nelson being absent. 5. OLD BUSINESS: None 6. NEW BUSINESS: None JUNE 24, 2003 8. PUBLIC HEARINGS: Page 2 PLANNING COMMISSION 8.1 Development Review No. 2003-03 (pursuant to Code Section 22.48.020) is a request to construct a two-story, single family residence of approximately 10,169 gross square feet including balconies, porch five car garage, and a site retaining wall proposed at a maximum height of approximately six feet. PROJECT ADDRESS: PROPERTY OWNER: APPLICANT: 3087 Windmill Drive (Lot 4, Tract 50314) Diamond Bar, CA 91765 Windmill Estates, LLC 3480 Torrance Blvd., #300 Torrance, CA 90503 Richard Gould 3480 Torrance Blvd., #300 Torrance, CA 90503 AssocP/Lungu presented staff's report. Staff recommends Planning Commission approval of Development Review No. 2003-03, Findings of Fact, and conditions of approval as listed within the resolution. Chair/Tye opened the public hearing. There being no one present who wished to speak on this item, Chair/Tye closed the public hearing. C/Ruzicka moved, VC/Nolan seconded, to approve Development Review No. 2003-03, Findings of Fact, and conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Ruzicka, Tanaka, VC/Nolan, Chair/Tye NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Nelson 8.2 Development Review No. 2003-06, Minor Variance No. 2003-03 and Tree Permit No. 2003-02 (pursuant to Code Sections 22.48.020, 22.54 and 22.38) is a request to construct a three story single-family residence with JUNE 24, 2003 Page 3 PLANNING COMMISSION balconies, covered patio/open air area, and three car garage totaling to approximately 12,806 gross square feet. The request also includes site retaining walls varying in height to a maximum seven feet in areas of varying topography in the rear yard. The Applicant requests approval of a Minor Variance for a reduced front yard setback and a Tree Permit to remove and replace protected/preserved trees. PROJECT ADDRESS: PROPERTY OWNER: APPLICANT: 23135 Ridgeline Road (Lot 38, Tract 30091) Diamond Bar, CA 91765 Vipin Vadecha 21803 Paint Brush Lane Diamond Bar, CA 91765 Simon Shum 20272 Carrey Road Walnut, CA 91789 AssocP/Lungu presented staff's report. Staff recommends Planning Commission approval of Development Review No. 2003-06, Minor Variance No. 2003-03 and Tree Permit No. 2003-02, Findings of Fact, and conditions of approval as listed within the resolution. C/Ruzicka asked if the City was asking for 5:1 tree replacement? AssocP/Lungu responded that the standard replacement ratio is 3:1. Chair/Tye asked if the trees would all be replaced on site? AssocP/Lungu said she understood all tree replacement was to be on-site. Simon Shum, Architect, said this site is a difficult challenge for his firm. With staff's assistance, they were able to fit the unit within the envelope of this site and to also fill all of the property owner's requirements and meet "The Country Estates" architectural review expectations. Chair/Tye opened the public hearing. There being no one else present who wished to speak on this item, Chair/Tye closed the public hearing. JUNE 24, 2003 Page 4 PLANNING COMMISSION C/Ruzicka moved, C/Tanaka seconded, to approve Development Review No. 2003-06, Minor Variance No. 2003-03 and Tree Permit No. 2003-02, Findings of Fact, and conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS ABSENT: COMMISSIONERS Ruzicka, Tanaka, VC/Nolan, Chair/Tye None Nelson 8.3 Development Review No. 2003-08 (pursuant to Code Section 22.48.020) is a request to construct a two-story, single family addition of approximately 1,476 gross square feet. PROJECT ADDRESS: PROPERTY OWNER: APPLICANT: 501 Looking Glass (Lot 36, Tract 35581) Diamond Bar, CA 91765 Falguni Megha 501 Looking Glass Diamond Bar, CA 91765 Raj Singh 501 Looking Glass Diamond Bar, CA 91765 AssocP/Lungu presented staff's report. She referred to a letter from a resident dated June 12, 2003, disagreeing with the addition and remodel of this project due to its massiveness. Staff recommends Planning Commission approval of Development Review No. 2003-08, Findings of Fact, and conditions of approval as listed within the resolution. C/Ruzicka said he visited the site because he took the writer's concerns very seriously. He would want to be assured that if something was taking place in his neighborhood about which he felt uncomfortable, that the City would take a second look. He spent time reviewing the site and looking at how it could possibly affect all of the other homeowners in the neighborhood. He did not observe that this addition would have any adverse effect on the rest of the neighborhood. JUNE 24, 2003 Page 5 PLANNING COMMISSION Chair/Tye said that he too, visited the site and did not feel that the. project would adversely affect the neighborhood. This project adds two levels each of 700 feet to the back of the house. Fred Diaz, 233 West Bonita, San Dimas, Architect, said he found the City's staff members to be quite helpful. He has been in this area for several years and had never had occasion to be in this auditorium. He found the auditorium quite attractive and believed the visuals were excellent. This project has been in the works for several months. Many people are opening their homes up to family members. The proposed addition is in the rear of the home and should compliment the area. Chair/Tye opened the public hearing. There being no one who wished to speak on this item, Chair/Tye closed the public hearing. VC/Nolan said he also visited the site and read the letter of concern. He felt the last sentence made the writer's feelings evident — "we don't want any new building developed in the area at all." VC/Nolan applauded the applicant for improving his property. Chair/Tye agreed with VC/Nolan. He felt that because of the current economic situation it made sense for people to improve their properties. C/Tanaka asked if the homeowner planned to rent out any of the rooms? Mr. Diaz responded that the property owner has no intention to rent out any portion of his property. This involves family only. C/Ruzicka moved, VC/Nolan seconded, to approve Development Review No. 2003-08, Findings of Fact, and conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: Ruzicka, Tanaka, VC/Nolan, Chair/Tye None Nelson JUNE 24, 2003 Page 6 PLANNING COMMISSION 7. CONTINUED PUBLIC HEARINGS: 7.1 Development Code Amendment No. 2003-01 (pursuant to Code Section 22.44) is a request to amend the following Article/Sections of the Development Code. (Continued from May 13, 2003). AssocP/Lungu presented staff's report on the following items. Staff recommends that the Planning Commission direct staff to prepare a resolution recommending City Council approval of Development code Amendment No. 2003-01, relative to Section No.'s 22.34.030; 22.34.040; 22.34.050; 22.34.060; 22.36.050; 22.36.080; and 22.42.130. ARTICLE III Section 22.34.030 — Single -Family Standards, Section 22.34.040 — Multi - Family Standards, Section 22.34.050 — Commercial Standards and Section 22.34.060 — Industrial Standards: amendment relates to landscape maintenance standards for slopes. C/Ruzicka was concerned about the language of the recommended amendment. Does "appearance at the immediate neighborhood" mean the same thing as "appearance of the immediate neighborhood?" And, should that hold true throughout the recommended changes? Chair/Tye asked if no plant material meet the intent of the amendment? He did not see language requiring a slope to have landscaping. Is the City trying to clean up the look or obtain a certain look? He believed the City was trying to clean up the hillsides. If by stripping the hillside it has thus "been cleaned up" and has the City accomplished its purpose or, is the City going to require the homeowner plant something? AssocP/Lungu said the amendment could say that there must be landscaping if that is what the Commission wants. DCM/DeStefano stated that if the recommended language is not clear the language should be amended accordingly. The beginning section states that yards and setback areas be landscaped with lawns, trees, shrubs, etc. A slope is not necessarily a setback. You could have a slope that exceeded the 25 -foot setback. That may be the area that needs to be clarified to insure that the entirety of slope is landscaped, irrigated, etc. He believed that the City was generally looking to have all slopes landscaped and JUNE 24, 2003 Page 7 PLANNING COMMISSION irrigated, not necessarily a consistent landscaping theme. Absent the City's ownership/easement, it may not be feasible to require consistent citywide landscaping. VC/Nolan said it seems to him that if residents elect to maintain a barren hillside and take appropriate steps for irrigation, it should be allowed. Chair/Tye agreed. DCM/DeStefano said that the City is not interested in properties that appear well groomed but are just dirt. The City would prefer to deal with slopes that share the commonality of at least a green palate and maintenance that deals with erosion control. AssocP/Lungu responded to VC/Nolan that the reference is to the entire slope, not just the setback area. As suggested by Chair/Tye, the language should probably be more specific so that the beginning statement says, for instance, "that yard and slope areas shall be landscaped, etc." C/Tanaka said he did not want to require, for instance, that the entire slope must be filled in within two years. C/Ruzicka agreed with C/Tanaka. He referred to page 5 of the San Dimas ordinance. DCM/DeStefano suggested language to wit: the ground cover "substantially" rather than "completely." Chair/Tye submitted that the City has current ordinances that are not enforced. He wanted to understand if it was the City's objective to enforce this amendment. DCM/DeStefano said that there are literally hundreds of codes that the City's Code Enforcement Officers are obligated to enforce. This, like any other aspect of law enforcement boils down to priorities and time -management issues. This issue is of substantial importance to the community and to the City Council. Upon adoption of such an amendment by City Council the officers would be out in the field using the tools they now have to gain compliance. Most likely, the most obvious candidates will receive imminent consideration. JUNE 24, 2003 Page 8 PLANNING COMMISSION C/Tanaka was concerned about vegetable gardens that face the street. Chair/Tye opened the public hearing on the property maintenance item. There being no one present who wished to speak on this matter, Chair/Tye closed the public hearing. C/Ruzicka recommend including language to require some type of ground cover that would substantially cover the slope within two years of planting. The Commission concurred. Sections 22.36.050 and 22.36.080 — Exemptions from Sign Permits and Prohibited Signs: Amendment relates to the placement and size of election signs and signs in the public right-of-way. AssocP/Lungu reported that the City Attorney is recommending 60 days rather than 30 days for the number of days before an election that a sign could be installed. Most cities do not allow signs in the public right-of-way. The City Attorney wanted Item 5.e. deleted and the following statement inserted in its place: "Where a sign is erected on a vacant lot or in a multi - tenant commercial center in a location on a residential lot that is not visible from the residence, the person causing the sign to be erected shall, upon request, provide evidence to the City of the property owner's permission." C/Ruzicka asked if Item 5.6. on page 7, should have "than" added so that it reads "more than"? VC/Nolan felt there was no need to change the current resolution from 30 days. He felt 30 days was appropriate. Additionally, he agreed with the majority of communities that ordained removing signs from the public right- of-way. Chair/Tye respectfully disagreed because he felt that signage along the public right-of-way was an effective communication tool. He wanted to know how it could be determined who caused the sign to be erected. DCM/DeStefano responded that the City deals with inappropriate signage by going directly to the candidate and asking that the sign be brought into compliance or removed. JUNE 24, 2003 Page 9 PLANNING COMMISSION Chair/Tye asked what the City does when signage is erected that has nothing to do with any specific candidate that appear on private property? DCM/DeStefano responded that the City might allow the sign to remain and inquire of the property owner whether they granted permission for it to be there. From a free speech standpoint the sign can remain as long as it meets the other requirements of the City's code. VC/Nolan felt that signage in the public right-of-way reached staggering proportions during election campaigns. To him, the high road would be to limit signs in the public -right-of-way. He felt that it was unrealistic to expect candidates to show restraint. Therefore, it is incumbent upon the City to lay foundation and direction. C/Tanaka agreed with Chair/Tye's comments that an individual's right to freedom of speech should not be limited. At the same time he appreciated VC/Nolan's concerns about the amount of signage that goes up during elections but he felt it was part of the process and should not be eliminated. C/Ruzicka said that so long as signs do not go up more than 60 days prior to election and come down 10 days after the election, he believed that whatever anyone wanted to do they should be allowed to do. He would agree with the 30 -day program that is in place if the balance of the Commission agreed. There was no one present who wished to speak on this item. C/Ruzicka felt that with the foregoing comments, staff could write a recommended code for consideration at the Commission's next meeting. Chair/Tye said he did not agree with the City Attorney's proposed change for Item 5.e. He would like "only" stricken. In addition, the Commission wanted 5.f. to read "30 -days." Chair/Tye asked if prohibited signs in the public right-of-way would eliminate real estate signs? DCM/DeStefano responded yes, and also other similar one-time notification signs. JUNE 24, 2003 Page 10 PLANNING COMMISSION DCM/DeStefano felt that the City Attorney would say that political speech is the highest form of speech and that the City would less likely be able to establish more strident standards for political speech than for commercial speech. DCM/DeStefano agreed with Chair/Tye that absent complete prohibition, there are no alternatives. Section 22.42.130 — Radio and Television Antenna and Wireless Telecommunications Antenna Facilities. Amendment relates to the number of telecommunications facilities on a parcel in residential zoning districts. AssocP/Lungu said her survey revealed that the majority of cities do not limit the number of telecommunications facilities on a parcel. Some use separation distance as a way to limit the number per parcel. The City Attorney wondered why the City would want to limit the number of facilities to one. He felt it would be too constricted. Chair/Tye asked for a clarification of co -location and multiple. C/Ruzicka asked for clarification of the bullet point on page 11 "wireless telecommunications antenna facilities may be allowed in residential zoning districts only if the facility is buildinq mounted stealth design architecturally integrated with the buildinq or concealed. There could be many telecommunications facilities from several different entities without detracting from the original architecture of the building. AssocP/Lungu responded to C/Ruzicka that after analyzing the data different suggestions were extracted to help control the number of sites for a parcel. To Chair/Tye's comment, the Commission may want to reconsider definitions because the definitions include co -location, piggybacking and antenna farms. We may want to eliminate antenna farms and not co -location and piggybacking. Antenna farms is a 5 -acre site with -as many facilities as possible whereas co -location is one structure with several facilities on it and, if it is imbedded in the architecture there may be no concern about the number. Chair/Tye cited the installation in the St. Denis Church tower. Ultimately, a good product was erected. However, they initially objected to placement of the facilities in the bell tower. Chair/Tye would not mind if there were four facilities in the tower. When the applicant first brought the project to the JUNE 24, 2003 Page 11 PLANNING COMMISSION Planning Commission it was hideous, the neighbors did not like it and it did not look good. There was no creative thought given to it by the applicant. After several iterations, we have a very well designed and camouflaged tower. He is not opposed to co -location — he is not in favor of what the applicant originally proposed. C/Ruzicka said he did not agree with the church's decision about not wanted facilities in their bell tower. Now that there is a way to approach multiple sites on this piece of property he would not mind if they replaced every one of the Italian Cypress at the front of the church. Chair/Tye felt the City would need to set a standard. He was glad that the Development Code did not restrict facilities to one per site. He felt St. Denis shows how you can work together to accomplish what all three parties want to accomplish. DCM/DeStefano said staff discussed the aesthetics of this matter and was not necessarily concerned about how many are on a site, but whether or not you can see them. This City has sites that have co -locations such as the Vineyard Bank (3 facilities) and other similar facilities. Diamond Bar High School, for instance, has several facilities, some you can see and some that are not so easily detected. Also of concern was whether the number of devices on a particular piece of property violated the intended use i.e., residential properties with multiple cell sites. When does it draw a conclusion that it is now a commercial piece of property versus its residential intent? When does it eliminate the intended use of the property for commercial purposes in the future if it happens to be vacant property now? From Staff's perspective, we believe we can reach a conclusion that meets the current goals which would be to add a third bullet that C/Ruzicka spoke about (page 11 of the staff report) that discusses permissible facilities in residential sites with the facilities being building -mounted stealth design, etc. Additionally, page 12 discusses where multiple facilities could be located and that they would not be located on residential properties developed with residential structures or cited for residential development. Also, that the citing of the antennas in a form that would create an antenna farm would be prohibited and piggybacking would be permissible. Staff would offer a possible solution being the third bullet on page 11 and the two bullets on page 12 and come back to the Commission with a resolution. The Commission concurred. JUNE 24, 2003 Page 12 PLANNING COMMISSION DCM/DeStefano confirmed that the resolution would not be punitive to a specific property. VC/Nolan asked if someone could be given a time period such as one or two years to meet the new code? DCM/DeStefano said he wanted to consult with the City Attorney before answering VC/Nolan. Chair/Tye asked if the City could ask people to remove inactive sites? DCM/DeStefano asked how you would determine whether a facility was inactive? C/Tanaka asked staff to refer to actual zoning districts in reference to whether sites are located. There was no one present who wished to speak on this matter. 8. PLANNING COMMISSION COMMENTS: Chair/Tye thanked staff for their input and their business -like and helpful attitude with the public. 9. INFORMATIONAL ITEMS: DCM/DeStefano reported that during tonight's Administrative Review he approved several items, not the least of which was the architectural and site planning changes for the former Texaco Station at Golden Springs and Brea Canyon Road as it converts to Shell. The project is slated for completion around October. The SR57/60 freeway construction takes place over the next four years. Already, closures are occurring in the middle of the night to deal with various portions of the project. CalTrans held a study session with the City Council and staff. CalTrans is working closely with Council and staff to reduce the number of closure days. This project represents about 10 percent of current CalTrans projects in Los Angeles County. CalTrans will hold weekly update meetings. DCM/DeStefano stated that on June 17, City Council adopted the FY 2003/04 Budget. As a result of the new budget, the City will be adding a part time weekend neighborhood improvement officer. DCM/DeStefano pointed out that the Commissioners' packets include the "What's Happening" list requested by Chair/Tye at the last meeting. Staff will attempt to get this information to you via email. JUNE 24, 2003 Page 13 PLANNING COMMISSION 10. SCHEDULE OF FUTURE EVENTS: As listed in the Agenda. ADJOURNMENT: There being no further business to come before the Planning Commission, Chairman Tye adjourned the meeting at 8:35 p.m. Respectfully Submitted, i T James DeStefa6o Deputy City Manager MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION JULY 8, 2003 CALL TO ORDER: Chairman Tye called the meeting to order at 7:05 p.m. in the South Coast Air Quality Management/Government Center Auditorium, 21865 East Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Commissioner Tanaka led the pledge of allegiance. 1. ROLL CALL: Present: Chairman Steve Tye; and Commissioners Joe Ruzicka and Jack Tanaka. Commissioner Steve Nelson arrived at 7:23 p.m. Vice Chairman Dan Nolan was excused. Also present were: James DeStefano, Deputy City Manager; Ann Lungu, Associate Planner; Linda Smith, Development Services Assistant; and Stella Marquez, Administrative Assistant. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None Offered. 3. APPROVAL OF AGENDA: Chair/Tye requested that Item 7. public hearings be heard prior to Item 5. , Old Business. 4. CONSENT CALENDAR: 4.1 Approval of June 24, 2003, Regular meeting minutes. C/Ruzicka moved, C/Tanaka seconded, to approve the June 24, 2003, minutes as corrected to show that C/Ruzicka led the Pledge of Allegiance. Without objection, the motion was so ordered. JULY 8, 2003 7. PUBLIC HEARINGS: PAGE 2 PLANNING COMMISSION 7.1 Development Review No. 2003-02 (pursuant to Code Sections 22.48.020 (a) (1)), is a request to remodel and add a first and second story addition of approximately 4,290 square feet that would include a patio cover, additional garage space, and front porch to an existing two-story single-family residence of approximately 2,900 square feet. PROJECT ADDRESS: PROPERTY OWNER: APPLICANT: 24108 Cromarty Drive Diamond Bar, CA 91765 Chieh-Shih Wang 24108 Cromarty Drive Diamond Bar, CA 91765 Kamen Lai 8748 Valley Blvd. #K Rosemead, CA 91770 AssocP/Lungu presented staff's report. Staff recommends Planning Commission approval of Development Review No. 2003-02, Findings of Fact, and conditions of approval as listed within the resolution. Kamen Lai, applicant, said he read staff's report and concurs with the recommended conditions. He thanked staff for their patience and assistance. C/Ruzicka asked Mr. Lai if he and the property owner understood the property maintenance provision of this resolution and how important it is that the property owner maintain the home in the appropriate manner. Mr. Lai responded that they understood and agreed with the maintenance portion of the resolution. The applicant submitted a landscape plan and irrigation plan. If staff seeks additional documentation, it will be provided. Chair/Tye asked how long the Wang's have owned the home to which Mr. Lai responded 13 years. Chair/Tye echoed Mr. Ruzicka's concern that the property did not appear to be properly maintained. Page 4 of staff's report requires landscape and irrigation installation prior to final inspection or Certificate of Occupancy. Is this home unoccupied during the remodel? JULY 8, 2003 PAGE 3 PLANNING COMMISSION DCM/DeStefano said that because of the substantial change it would need to be unoccupied during reconstruction. Mr. Lai concurred. Chair/Tye opened the public hearing. There was no one present who wished to speak on this matter. Chair/Tye closed the public hearing. C/Ruzicka said that in view of the applicant's agreement that they would properly maintain the property and abide by the resolution, he moved approval of Development Review No. 2003-02, Findings of Fact, and conditions of approval as listed within the resolution. C/Tanaka seconded the motion. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Ruzicka, Tanaka, Chair/Tye NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Nelson, VC/Nolan 5. OLD BUSINESS: 5.1 Development Code Amendment No. 2003-01 (pursuant to Code Section 22.44) is a request to amend the following Article/Sections of the Development Code. DCM/DeStefano explained that staff prepared a resolution for the Commission's consideration that incorporates comments made during the last Planning Commission meeting. Staff is requesting that the signage component of the Code Amendment be continued to a special meeting of August 6 to allow the City Attorney to be present and to officially consider the Sign Ordinance on August 26. C/ Nelson arrived at 7:23 p.m. The Commission asked if the special meeting could be held on August 13 or August 20 in order for all Commissioners to be present. Accordingly, Commission consideration would be continued to the August 26 meeting. JULY 8, 2003 PAGE 4 PLANNING COMMISSION ARTICLE III (a) Section 22.34.030 — Single -Family standards, Section 22.34.040 — Multi - Family Standards, Section 22.34.050 — Commercial Standards and Section 22.34.060 — Industrial Standards: Amendment relates to landscape maintenance standards for slopes. (b) Sections 22.36.050 and 22.36.080 - Exemptions from Sign Permits and Prohibited Signs: Amendment relates to the placement and size of election signs and signs in the public right-of-way. (c) Section 22.42.130 - Radio and Television Antenna and Wireless Telecommunications Antenna Facilities. Amendment relates to the number of telecommunications facilities on a parcel in residential zoning districts. Chair/Tye asked why "schools" was not included under the section "where sites are not allowed, with the exception of church property, water tanks or similar facilities"? AssocP/Lungu pointed out that "schools" is included on the last page of Exhibit A. C/Ruzicka moved, C/Tanaka seconded, to recommend City Council approval of Development Code Amendment No. 2003-01 (a) and (c) and continue consideration of 2003-01 (b) to August 26. AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: 6. NEW BUSINESS: None Nelson, Ruzicka, Tanaka, Chair/Tye None VC/Nolan 8. PLANNING COMMISSION COMMENTS: C/Tanaka commended staff on an excellent 4"' of July Celebration. It was the largest crowd he had seen at a "Concerts in the Park" event. The fireworks were fantastic. 9. INFORMATIONAL ITEMS: DCM/DeStefano reported that the City received a grant award in the amount of $84,338 from the State Department of Housing and Community Development. The City applied for a grant entitled "Jobs Housing Balance Incentive Programs." The City was eligible for that program because it had an adopted, approved and certified by the state, Housing Element — thanks to the Planning Commission and the City Council. In spite of its title, the grant money can be used for any type of capital improvement program. The Community Services JULY 8, 2003 PAGE 5 PLANNING COMMISSION Department applied for the money that will be used to make a number of improvements at Starshine Park, the small Neighborhood Park just north of Pathfinder Road. DCM/DeStefano also reported that late last week staff received a refinement to the plan for the Calvary Chapel/Citrus Valley property as well as, a first sketch of a possible housing development on the Citrus Valley site. 10. SCHEDULE OF FUTURE EVENTS: As listed in the Agenda. ADJOURNMENT: There being no further business to come before the Planning Commission, Chairman Tye adjourned the meeting at 7:50 p.m. Respectfully Submitted,