HomeMy WebLinkAbout3/1/2005Tuesday, March 1, 2005
6:30 p.m. Regular Meeting
The Government Center
South Coast Air Quality Management District/
Main Auditorium
21865 Copley Drive
Diamond Bar, CA 91765
Mayor Wen Chang
Mayor Pro Tem Debby O'Connor
Council Member Carol Herrera
Council Member Bob Zirbes
City Manager Linda C. Lowry
City Attorney Michael Jenkins
City Clerk Linda C. Lowry
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CITY OF DIAMOND BAR
CITY COUNCIL AGENDA
March 1, 2005
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
INVOCATION:
ROLL CALL:
APPROVAL OF AGENDA:
Next Resolution 2005-13
Next Ordinance No. 04(2005)
6:30 p.m.
Mayor
Pastor Bob Stebe,
Northminister Presbyterian Church
Council Members Herrera, Zirbes, Mayor Pro
Tem O'Connor, Mayor Chang
Mayor
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 Proclaiming March 6-12, 2005 as Girl Scout Week.
BUSINESS OF THE MONTH
1.2 Presentation of City Tile to Dexter Mason, representing Rite Aid as Business
of the Month.
2. CITY MANAGER REPORTS AND RECOMMENDATIONS:
3. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular
meeting agenda to provide an opportunity for members of the public to directly
address the Council on Consent Calendar items or matters of interest to the public
that are not already scheduled for consideration on this agenda. Although the City
Council values your comments, pursuant to the Brown Act, the Council generally
cannot take any action on items not listed on the posted agenda. Please complete a
Speaker's Card and give it to the City Clerk (completion of this form is 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.
MARCH 1, 2005 PAGE 2 CITY COUNCIL
5. SCHEDULE OF FUTURE EVENTS:
5.1 PUBLIC SAFETY COMMITTEE MEETING - March 7, 2005 — 7:00 p.m.,
Diamond Bar/Walnut Sheriff Station, 21695 E. Valley Blvd. Walnut
5.2 PLANNING COMMISSION MEETING — March 8, 2005 — 7:00 p.m.,
Auditorium, AQMD/Government Center, 21865 Copley Dr.
5.3 LIBRARY TASK FORCE MEETING — March 8, 2005 6:00 p.m.,
Room CC -8, AQMD/Government Center, 21865 Copley Dr.
5.4 TRAFFIC AND TRANSPORTATION COMMISSION —March 10, 2005-7:00
p.m., Hearing Board Room, AQMD/Government Center, 21865 Copley Dr.
5.5 CITY COUNCIL MEETING — March 15, 2005 — 6:30 p.m., Auditorium —
AQMD/Government Center, 21865 Copley Dr.
5.6 CITY COUNCIL CANDIDATE FILING PERIOD - February 14, 2005 — March
11, 2005.
6. CONSENT CALENDAR:
6.1 Traffic and Transportation Minutes — Regular Meeting of January 13, 2005
— Receive and file
6.2 Planning Commission Minutes:
6.2.1 Regular Meeting of January 25, 2005 — Receive and file.
6.2.2 Regular Meeting of February 8, 2005 — Receive and file.
6.3 Ratification of Check Register — Ratify Check Register dated March 1,
2005 in the amount of $784,150.29.
6.4 Treasurer's Statement - month of January 2005.
Recommended Action: Review and Approve.
Requested by: Finance Division
6.5 Adopt Resolution No. 2005 -XX: Requesting the Los Angeles County
Board of Supervisors to Undertake a Fair and Non -Arbitrary Audit of the
Sheriff's Cost Charged to the Taxpayers of the Contract Cities.
Recommended Action: Adopt.
Requested by: City Manager
MARCH 1, 2005 PAGE 3 CITY COUNCIL
6.6 Adopt Ordinance No. 03(2005): Establishing a Personnel System and
Rescinding Ordinance 21 (1989) in its entirety.
Recommended Action: Approve for second reading by title only, waive full
reading and adopt.
Requested by: City Manager
6.7 Approve Amendment No. 3 to Contract with McDermott Consulting, Inc.
in the amount of $36,000 for Transportation Planning Consulting
Services and appropriate necessary funds from General Fund Reserves.
Recommended Action: Approve.
Requested by: Planning Division
6.8 Award of Design and Construction Administration Services for
Area 1 Slurry Seal and Asphalt Rubber and Aggregate Membrane
(ARAM) Project to Norris-Repke in the amount of $47,260 and Authorize
a Contingency Amount of $5,000 for Change Orders to be approved by
the City Manager for a total Authorization Amount of $52,260.
Recommended Action: Award.
Requested by: Public Works Division
6.9 Adopt Resolution No. 2005 -XX: Ratifying an Emergency Declaration
Issued by the City Manager on February 22, 2005 Declaring a Local
Emergency.
Recommended Action: Adopt.
Requested by: City Manager
7. PUBLIC HEARINGS:
7.1 Approve First Reading of Ordinance No. OX (2005) Amending
Development Code Pertaining to Second Units, Guest Houses, Second
Kitchens, Number of Parking Spaces, Outdoor Display and Sales,
Discretionary Review Processes, Property Maintenance and Definitions.
Recommended Action: Approve for first reading by title only and waive full
reading.
Requested by: Planning Division
MARCH 1, 2005 PAGE 4 CITY COUNCIL
8. COUNCIL CONSIDERATION:
8.1 Approval of Letter to National Park Service Requesting the City of
Diamond Bar be Removed from the San Gabriel River Watershed
Special Resources Study Area.
Recommended Action: Approve.
Requested by: Legislative Sub -Committee Member Herrera
9. COUNCIL SUB -COMMITTEE REPORTS/COUNCIL MEMBER COMMENTS:
10. ADJOURNMENT:
CITY OF DIAMOND BAR Agenda No. 6:. T
MINUTES OF THE TRAFFIC AND TRANSPORTATION COMMISSION
REGULAR MEETING OF
JANUARY 13, 2005
CALL TO ORDER:
Chair Pincher called the meeting to order at 7:04 p.m. in the South Coast Air Quality
Management/Government Center Hearing Board Room, 21865 Copley Drive, Diamond
Bar, California 91765.
PLEDGE OF ALLEGIANCE: Commissioner Virginkar led the Pledge of Allegiance.
ROLL CALL: Present: Chair Pincher, Vice Chairman Torng and
Commissioners Morris and Virginkar. Commissioner Shah was excused.
Also Present: David Liu, Director of Public Works; Jim DeStefano, Assistant City
Manager; Fred Alamolhoda, Senior Engineer; Kimberly Molina, Assistant Engineer;
Sharon Gomez, Senior Management Analyst and Debbie Gonzales, Administrative
Assistant.
I. APPROVAL OF MINUTES:
A. Minutes of regular meeting of November 9, 2004.
C/Morris moved, VC/Torng seconded, to approve the November 9, 2004
minutes as presented. Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS: Morris, Virginkar, VC/Torng,
Chair/Pincher
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Shah
II. PUBLIC COMMENTS: Marilyn Walker, Triune Family Services, said that
in her opinion, traffic in and around the schools caused major traffic problems for
the City and safety concerns for the children. Her company offered door-to-door
service for children between their home and school and felt that the City might
want to utilize her services to relieve traffic congestion and provide a safe
environment for the transportation of the students.
III. CONSENT CALENDAR: None
IV. ITEMS FROM STAFF:
A. Traffic Enforcement Update — Received and filed on the following items:
1. Citations: December 2004
2. Collisions: December 2004
3. Future Deployment of the Radar Trailer
JANUARY 13, 2005 PAGE 2 T&T COMMISSION
V.
VI.
VII.
VIII
OLD BUSINESS: None
NEW BUSINESS: None
STATUS OF PREVIOUS ACTION ITEMS: None
ITEMS FROM COMMISSIONERS:
VC/Torng expressed to Marilyn Walker that her traffic concerns would be
considered during the Neighborhood Traffic Management Study. Today he noticed
the new "No Right Turn on Red" sign/message board at the Diamond Bar Center
and he felt it was very effective. DPW/Liu explained that the sign lights only when
there is a potential conflict from the opposing traffic. VC/Torng asked about the
effectiveness of the speed hump on Leyland Drive because a resident complained
to him that people were still speeding through the area and the resident felt the
height of the speed hump was insufficient to deter speeding vehicles. DPW/Liu
explained that in accordance with the program staff continues to collect data for
review on a three to six month basis following installation. Staff also works with the
Sheriff's Department on a regular basis with respect to enforcement. The City
follows stringent criteria for speed hump heights and they may not exceed a height
of 2 and 5/8 inches.
IX. INFORMATIONAL ITEMS:
A. NTMP Meetings of January 6 and 11, 2005 with residents in District 1.
SE/ Alamolhoda reported that 13 residents, M/Chang and MPT/O'Connor attended
the January 6, 2005 meeting. In turn residents presented their comments in
written format and those comments were forwarded to the City's consultant for
review and evaluation. Approximately 20 residents and MPT/O'Connor attended
the January 11, 2005 meeting. Follow up meetings will be scheduled to address
the comments and questions.
C/Virginkar suggested the consultant prepare recommendations for two or three
streets, determine in which area the attendees reside and address only those
particular areas.
C/Morris liked Sgt. Blasnek's presentation at the January 11, 2005 meeting. The
consultant's presentation would have helped if it had addressed Sunset Crossing
Road from point of origin to Golden Springs Drive instead of Sylvan Glen Road. He
felt strongly that entry point improvements could be done in lieu of major fixes.
For example, one speaker talked about a center divider with mature trees and a
sign with an arrow directing traffic to Diamond Bar Blvd. to discourage traffic from
turning right unless they had specific business inside the neighborhood.
JANUARY 13, 2005 PAGE 3 T&T COMMISSION
Chair/Pincher said she sat next to a gentleman during the State Of The City
Meeting this morning who said he did not attend the neighborhood meeting
because he felt there was no problem on his street and liked it the way it was.
C/Morris felt that the City should pay attention to the silent majority that was happy
with their current situations and quantify requests for improvement when
considering use of the City's dollars.
C/Virginkar liked the idea of bulges close to stop signs to force speeding drivers to
slow down.
SE/Alamolhoda stated that staff continues to learn from the neighborhood
meetings, and that it would be more fiscally responsible to consider only the areas
about which the City receives complaints.
B. Caltrans 57/60 Freeway Construction Project.
SE/Alamolhoda reported that the project was on schedule and there were no major
mudslides on the construction site. Completion of the project is anticipated for
June 2006.
C/Morris asked if the City could initiate a request for a connection for the SR60
westbound to the SR57 northbound through Assembly Member Huff.
PWD/Liu stated that the property at the off -ramp belongs to JCC and that
ACM/DeStefano was working with the property owner to determine whether a
transfer to Caltrans was possible. Ultimately, the City would prefer to have the
State of California link that missing segment to alleviate traffic.
ACM/DeStefano spoke about his involvement in the process. He said that the
purpose of the acquisition was to bring the property into the City's jurisdiction, look
to landscape the base of the property as well as the hill and to consider the
property as the potential missing link between the westbound SR 60 and the
northbound SR 57. Certain property issues have led the City to shy away from
acquisition. However, possible acquisition via Caltrans would be considered for its
future use.
PWD/Liu stated that the MTA, Diamond Bar and the City of Industry have initiated
a feasibility study for the 57/60 corridor, the purpose of which is to consider a long-
term solution.
JANUARY 13, 2005 PAGE 4 T&T COMMISSION
C. ACE Brea Canyon Road Grade Separation Project.
DPW/Liu reported that portions of Washington Street and Currier Road would be
depressed as they intersect with Brea Canyon Road. As a result, a bridge would
be constructed to carry railroad traffic over the depressed Brea Canyon Road.
Construction is slated to commence October 2005 and continue for about two
years to November 2007. As a result of the construction, Brea Canyon Road will
be closed to the public with limited access to the Metrolink Park and Ride lot.
D. Diamond Bar Village Project (Southeast corner of Grand Avenue/Golden
Springs Drive). ACM/DeStefano reported on the economic situation in the City, and
how the City determined it would react to changing conditions at the state level and
ultimately position itself within the region. As a result staff worked with developers
to determine what types of development would be appropriate to generate the type
of development the City would need and how the City should determine what
future opportunities were available for development. In addition, the City has lost
major revenue sales tax producers and the depth of the City's financial resources
is limited and dependent upon the state for subventions that are subject to
removal. At this time, the City is concerned with increasing its sales tax revenue
through development and has worked to move such projects forward during the
past two years. In 2004, the City Council approved the project at Golden Springs
Drive and Grand Avenue. He explained the history of the area and outlined the
proposed development that would include residential (due to commence June
2005), a major anchor and related business improvements as well as adjacent
street improvements with signalization (commencing April 2005). The retail portion
results in an anchor store of about 130,000 square feet along with restaurant and
ancillary retail. The third component was the proposed expansion of the church.
However, the church elected to postpone future development plans except for a
parking area adjacent to the anchor retail building to replace the churches current
parking spaces.
C/Morris asked if the condominium/town home development would be a high-end
development. ACM/DeStefano responded that the development was divided into
two components, one a traditional Townhome product with units of 1,400 to 2,500
square feet selling in the price range of $550-$600,000.00 and the balance of the
project going to a small lot single-family home development of 1,400 to 2,800
square feet with an estimated selling price of $600-$700,000.00.
C/Morris asked about the City's plan for the Diamond Bar Honda property,
changes at the Diamond Bar Country Hills Towne Center and the Kmart Center.
ACM/DeStefano explained that when the City loses the Honda Dealership in early
2006 to the City of Industry, Diamond Bar hoped to preside over the property's
destiny. The City of Industry wants to purchase the property, not necessarily good
news for Diamond Bar. Cities can purchase land outside of their own jurisdiction,
(i.e. the purchase of Tres Hermanos 30 years ago.) Industry wants the property as
part of its larger development and staff is working with elected officials and staff of
JANUARY 13, 2005 PAGE 5
T&T COMMISSION
Industry to persuade them not to acquire the property; or, should they acquire the
property, enter into an agreement with the City of Diamond Bar allowing Diamond
Bar to turn it into another retailer that would generate tax revenue to the City.
Ideally, Diamond Bar would prefer that the property be demolished and turned into
a hotel/restaurant opportunity, a significant tax generator. Kmart is a major work in
progress. The current property owner plans new development on the site that
hinges on the outcome of the Sears acquisition of Kmart. At this moment the
outcome is undetermined. Staff is working with the property owner toward a new
development on the site. One year ago MCC Capital purchased The Country Hills
Towne Center. The owner recently announced that he would move forward with
development in a new direction and now plans to focus the center toward an Asian
orientation. MCC has a Letter of Intent with a market owner who will operate an
upscale, high-end Chinese grocery store. With that anchor in place other business
will follow and the center will be re -skinned and landscaped accordingly.
Chair/Pincher asked if Auto Club and the theater would remain at the center.
ACM/DeStefano responded that tenants such as Rite-Aid would remain until their
lease expired. Auto Club owns its parcel and would likely remain at the center. The
property owner said he would close the theater in January for major repair and
seek a viable operator or close the theater and look for an alternative business.
C/Virginkar thanked ACM/DeStefano and said it was very helpful to have a bigger
picture about what was happening around the City. He wondered why the project
at Grand Avenue and Golden Springs Drive would not have multi -story parking
lots. ACM/DeStefano responded that the principle reason was cost. A multi -story
parking lot can cost upward of $20,000 for each parking space and the
development intensity does not warrant building up. A multi-level parking structure
could be feasible for the Kmart property and/or the golf course property due to the
possibility of a more intense development.
VC/Torng asked if residents were concerned about having a Home Depot in the
City and ACM/DeStefano said that some were concerned. Home Depot told
Diamond Bar that its store would be similar to the Brea outlet and not to the City of
Industry store. ACM/DeStefano indicated to VC/Torng that in his opinion, Target
was the lead candidate for the Diamond Bar anchor.
Chair/Pincher asked if Montefino residents would be able to walk from their homes
to the new shopping center and ACM/DeStefano responded probably not because
the slope was too steep.
C/Morris offered economical reasons that a Target might be preferable to a Home
Depot.
ACM/DeStefano stated he would be happy to meet with the Commission upon
request. He voiced his appreciation for the Public Works staff that assists the
Commission and other staff members to implement all capital improvement
JANUARY 13, 2005 PAGE 6 T&T COMMISSION
programs and process all of the private development projects for the City. DPW/Liu
is an outstanding department manager and ACM/DeStefano is thankful for David's
presence and for his staff's performance.
AE/Molina reported that SBC is laying conduit along Golden Springs Drive and
Grand Avenue in an attempt to increase the telecommunication bandwidth for
QTC, a company in the Gateway Center. As a result, traffic along Golden Springs
Drive will be affected by lane closures. Verizon is conducting a three-week project
on Diamond Bar Blvd, a similar project for a different company located at 1400
Montefino Avenue.
X. SCHEDULE OF FUTURE CITY EVENTS — as agendized.
XII. FUTURE AGENDA ITEMS:
ADJOURNMENT: With no further business to come before the Traffic and
Transportation Commission, Chair/Pincher adjourned the meeting at 8:34 p.m.
Respectfully,
/s/David G. Liu
David G. Liu, Secretary
Attest:
/s/ Liana Pincher
Chair Liana Pincher
Agenda No. 6.2..-i
MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
JANUARY. 25, 2005
CALL TO ORDER:
Vice Chairman Tanaka called the meeting to order at 7:04 p.m. in the South Coast Air
Quality Management District/Government Center Auditorium, 21865 Copley Drive,
Diamond Bar, California 91765.
PLEDGE OF ALLEGIANCE: Commissioner McManus led the Pledge of Allegiance.
1 ROLL CALL:
Present: Vice Chairman Jack Tanaka; and Commissioners Ruth Low;
Joe McManus; and Steve Tye.
Chairman Dan Nolan was excused.
Also present: Nancy Fong, Planning Manager; Bradley Wohlenberg, Assistant
City Attorney; Ann Lungu, Assoociate Planner; and Stella Marquez, Senior
Administrative Assistant.
2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None Offered.
3. APPROVAL OF AGENDA: As Presented.
4. CONSENT CALENDAR:
4.1 Minutes of the Regular Meeting of January 11, 2005.
C/Tye moved, C/McManus seconded to approve the minutes of the Regular
Meeting of January 11, 2005, as presented. Motion carried by the following
Roll Call vote:
AYES: COMMISSIONERS: Tye, McManus, Low, VC/Tanaka
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Chair/Nolan
5. OLD BUSINESS: None
6. NEW BUSINESS: None
JANUARY 25, 2005
7. PUBLIC HEARING(S):
Page 2 PLANNING COMMISSION
7.1 Development Code Amendment No. 2005-01 - a request to amend
Diamond Bar Municipal Code Section 22.36.
ARTICLE III - SECTION 22.36 — Sign Standards: Amendment relates to the
substitution of non-commercial messages for on-site signs.
PROJECT ADDRESS:
APPLICANT:
Citywide
City of Diamond Bar
21825 Copley Drive
Diamond Bar, CA 91765
PM/Fong presented staffs report and recommended Planning Commission
adopt resolution recommending City Council approval of Development Code
Amendment No. 2005-01.
ACA/Wohlenberg explained that this item was brought to the City as a result
of recent decisions handed down by the courts. There are two types of
speech, commercial speech and non-commercial speech. Non-commercial
speech includes political speech, which is considered to be a greater more
protected type of speech than commercial speech. Sign ordinances covering
businesses must not favor the less protected commercial speech over the
more protected non-commercial speech. Accordingly, courts have advised
cities to include the substitution clauses in their sign ordinances. A number of
cities have been sued for not having these types of clauses included In their
ordinances and this recommendation comes to Diamond Bar to ensure that
property owners' rights are constitutionally protected and preserved as well
as protecting the City against potentially frivolous litigation.
ACA/Wohlenberg responded to C/Tye that the lawsuits were brought on
grounds of free speech. However, they were settled very quickly under
applicable federal statutes with attorneys' fees applied for and granted. The
substitution clause would take the City a further step away from regulating
sign content. PM/Fong said that the likelihood of businesses removing their
current signage to substitute signs was remote because of the cost involved.
C/McManus asked ACA/Wohlenberg to elaborate on more protected
commercial speech/less protected non-commercial speech. ACA/
Wohlenberg explained that courts have identified a difference between
commercial and non-commercial speech and have said that commercial
speech was less important than non-commercial speech because non-
JANUARY 25, 2005 Page 3 PLANNING COMMISSION
commercial speech includes political speech or core speech. If the City has a
regulation allowing for only commercial signs and not for non- commercial
signs it would indicate favoritism toward the less protected speech.
C/Low asked if the courts required actual damage before hearing a case.
ACA/Wohlenberg responded not always because they would argue that
there was a violation of the ability to engage in free speech because the City
was restricting the entities' ability to express itself in'this fashion. If a sign
owner asked to put up a sign that contained certain language and the City
said no the owner would have established their standing at that point. These
lawsuits are filed under Section 1983 violation, the section of federal law
used to enforce constitutional rights. The attorneys' fees are collected under
Section 1988. If there are no other federal laws allowing an individual to bring
a lawsuit Section 1988 applies to allow attorneys fees for an individual to
pursue these types of lawsuits. The courts have said that cities could require
a sign be removed within a reasonable time after an election but cities may
not limit how early these signs could be installed prior to an election. The
proposed change merely allows an individual/entity to change the copy of a
permitted sign to read other than it currently reads.
To C/Tye's concern, ACA/Wohlenberg said he felt that the practical effect of
the change would be minimal as pointed out by PM/Fong. However, in order
to keep the City from being sued the ordinance must allow people to change
their signs if they choose to do so.
C/McManus felt that the amendment would eliminate the two categories of
commercial and non-commercial speech. ACA/Wohlenberg agreed with
C/McManus's assessment. In this case however, the courts said that
individuals must be allowed to display any verbiage as long as it did not
violate any obscenity rules.
C/Tye said it seemed reasonable that businesses would be allowed to put up
commercial signs in commercial areas. What troubled him was that the
amendment appeared to favor commercial speech over non-commercial
speech which was not true. C/Tye felt this was nonsense and while he
wanted to limit the City's liability it was, in his opinion time for good people to,
stand up and tell the 9t' Circuit Court they were making a mistake because it
defied logic.
ACA/Wohlenberg responded to VC/Tanaka that this amendment applied to
signs on private property only and not on public property.
Vice Chair/Tanaka opened the public hearing.
JANUARY 25, 2005
Page 4 PLANNING COMMISSION
With no one present who wished to speak on this item, Vice Chair/Tanaka
closed the public hearing.
C/McManus moved, C/Low seconded to adopt a resolution recommending
City Council approval of Development Code Amendment No: 2005-01.
Motion carried 3-1 by the following Roll Call vote:
AYES:
COMMISSIONERS:
NOES:
COMMISSIONERS:
ABSENT:
COMMISSIONERS:
McManus, Low, VC/Tanaka
Tye
Chair/Nolan
8. PLANNING COMMISSION COMMENTS AND INFORMATION ITEMS:
On the subject of commercial speech over non-commercial speech, C/McManus
expressed that through his experience he understood there were things that did not
make sense. He had also learned that there was no such thing as common sense
and what seemed on its face to be prima facie and self-evident was not always the
case where others were concerned.
9. STAFF COMMENTS AND INFORMATION ITEMS:
PM/Fong advised the Commission that although tonight's meeting was short there
were four items scheduled for the February 8 meeting.
10. SCHEDULE OF FUTURE EVENTS:
As listed in tonight's agenda.
ADJOURNMENT: With no further business before the Planning Commission,
VC/Tanaka adjourned the meeting at 7:28 p.m.
Nancy Fong
Planning Me
Attest:
L
Jack Tanaka, Vice Chairman
bm
Agenda No. 6.2-.2
MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
FEBRUARY 8, 2005
CALL TO ORDER:
Vice Chairman Tanaka called the meeting to order at 7:09 p.m. in the South Coast Air
Quality Management District/Government Auditorium; 21865 Copley Drive, Diamond Bar,
California 91765.
PLEDGE OF ALLEGIANCE: Commissioner McManus led the Pledge of Allegiance.
1. ROLL CALL:
Present: Vice Chairman Jack Tanaka and Commissioners Ruth
Low, Joe McManus and Steve Tye.
Chairman Dan Nolan was excused.
Also present: James DeStefano, Assistant City Manager; Nancy Fong,
Planning Manager; Ann J. Lungu, Associate Planner, Linda Smith, Development
Services Associate and Stella Marquez, Senior Administrative Assistant.
2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None Offered.
3. APPROVAL OF AGENDA: As Presented.
4. CONSENT CALENDAR:
4.1 Minutes of the Regular Meeting of January 25, 2005.
C/McManus moved, C/Tye seconded to approve the minutes of the Regular
Meeting of January 25, 2005 as presented. Motion carried by thelollowing
Roll Call vote:
AYES: COMMISSIONERS: VC/Tanaka, Low, McManus, Tye
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Chair/Nolan
5. OLD BUSINESS. None
6. NEW BUSINESS: None
FEBRUARY 8, 2005
7. , PUBLIC HEARING(S):
Page 2
PLANNING COMMISSION
7.1 Development Review No. 2004-42 - In accordance with Diamond Bar
Municipal Code Section 22.48, this was a request to remodel and construct
an approximate 860 square feet addition to the existing 1,280 livable square
foot one story, single family residence with two car garage.
PROJECT ADDRESS:
PROPERTY OWNER:
21238 Bronco Lane Drive
(Lot 27, Tract 25985)
Diamond Bar, CA 91765
Michael Shackelford
21238 Bronco Lane
Diamond Bar, CA 91765
APPLICANT: Susan Raskulinecz, AMR Design
20 Kendall Place
Foothill Ranch, CA 92610
DSA/Smith presented staffs report and recommended Planning Commission
approval of Development Review No. 2004-42, Findings of Fact, and
conditions of approval as listed within the resolution.
C/Tye said he found nothing in the report to indicate that this project would
add a second story. DSA/Smith said she would correct the report to reflect
that the project was a one-story addition. She explained that justification for
the new addition's proximity to the existing pool was a Building and Safety
requirement indicating that when a pool is added the homeowner is required
to show the justification and structural stability of the pool based on the
surcharge the new addition would require.
Adrian Raskulinecz, designer, explained the proposed addition and said he
read staff's report and concurred with the conditions. In response to
VC/Tanaka, Mr. Raskulinecz said the structure would be about fourfeet from
the existing pool and that the footings would have to be installed so that they
extended below the deepest portion of the pool at their point of existence.
VC/Tanaka opened the public hearing.
With no one present who wished to speak on this item, VC/Tanaka closed
the public hearing.
FEBRUARY 8, 2005
Page 3
PLANNING COMMISSION
C/Tye moved, C/McManus seconded to approve Development Review
No. 2004-42, Findings of Fact and conditions of approval as listed within the
resolution with the appropriate changes included. Motion carried by the
following Roll Call vote:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
Tye, McManus, Low, VC/Tanaka
None
Chair/Nolan
7.2 Extension of Time for Development Review No. 2002-030) - In
accordance with Diamond Bar Municipal Code Section 22.66.050 - this was
a request for a one-year extension of time of the approved project that
allowed the construction of a two-story office building of approximately
25,000 gross square feet. The Planning Commission approved this project
on December 10, 2002, and the extension of time request does not alter the
approved project.
PROJECT ADDRESS:
PROPERTY OWNER/
APPLICANT:
21671 E. Gateway Center Drive
(Lot 4, Tract No. 39679)
Diamond Bar, CA 91765
Dr. Acbar Omar
222 N. Sunset Avenue
W. Covina, CA 91790
AssocP/Lungu presented staff's report and recommended Planning
Commission approval of the Extension of Time for Development Review
No. 2002-03(1), Findings of Fact, and conditions of approval as listed within
the resolution.
C/McManus asked if it took longer than a year to get through plan check and
AssocP/Lungu said it was possible and depended upon certain factors. In
December 2002, only the architectural drawings were completed.
C/Lowe asked if the project was on course and if the one-year extension
would be sufficient to which AssocP/Lungu responded that a one-year
extension should suffice since the applicant was in plan check. She
explained that this approval would grant a one-year extension and that the
resolution stated the applicant could request a one-year extension of time.
Because it is already February six months may not be sufficient to allow the
applicant to complete the process and it would make sense to approve a
one-year extension at this time.
FEBRUARY 8, 2005
Page 4
PLANNING COMMISSION
Dr. Acbar Omar said he did not know why it took two years to go through this
process but felt it was about 95 percent completed. He hoped he would be
able to complete the plan check process and commence construction soon.
VC/Tanaka opened the public hearing.
With no one present who wished to speak on this item, VC/Tanaka closed
the public hearing.
At C/Tye's request for elaboration of C/Low's question, the Planning
Commission could approve either two six-month extensions or one-year.
Because it is already February staff feels that a one-year extension would be
more prudent. C/Tye referred to Condition 5 (t) that cites Chapter 22.72 that
consideration of an extension would be one year. AssocP/Lungu said that
the Planning Commission could grant two six-month extensions or one one-
year extension.
C/McManus said he hoped it would not take the applicant much longer to
complete plan check and hoped the project could be fast -tracked.
C/McManus moved, C/Tye seconded, to approve one-year Extension of
Time for Development Review No. 2002-03(1), 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:
McManus, Tye, Low, VC/Tanaka
None
Chair/Nolan
7.3 Development Review No. 2004-43 and Minor Conditional Use Permit
No. 2005-01 - In accordance with - Diamond Bar Municipal Code
Sections 22.48.020(a), 22.30.080(5) and 22.56.010 - this was a request to
construct a two story, single family residence of approximately 11,000 gross
square feet including balconies, porch, covered patio and attached four car
garage. The Minor Conditional Use Permit was for a driveway wider than the
maximum 14 feet allowed at the property line.
PROJECT ADDRESS: 3138 Windmill Drive
(Tract 50314, Lot 13)
Diamond Bar, CA 91765
FEBRUARY 8, 2005 Page 5 PLANNING COMMISSION
PROPERTY OWNER:
Windmill Estates, LLC
3480 Torrance Boulevard #300
Torrance, CA 90503
APPLICANT: Richard Gould
3480 Torrance Boulevard #300
Torrance, CA 90503
AssocP/Lungu presented staffs report and recommended Planning
Commission approval of Development Review No. 2004-43 and Minor
Conditional Use Permit No. 2005-01, Findings of Fact, and conditions of
approval as listed within the resolution.
C/Low asked why at the bottom of page 3 it read' that the separation
between adjacent residential structures indicates that the zoning requirement
is 40 feet when the proposed separation indicates 32.51 and 92 feet and
then states that the proposed distances meet the zoning requirements.
AssocP/Lungu responded that the wrong numbers were inserted into the
report and that the actual separation was between structures and would likely
be in excess of 40 feet.
Kurt Nelson and Richard Gould confirmed that the separation between
structures was about 45 feet at the closest point, definitely more than 40 feet.
On the other side the separation was about 90 feet. Mr. Nelson thanked staff
for the report and subsequent recommendation for approval.
VC/Tanaka opened the public hearing.
With no one present who wished to speak on this item, VC/Tanaka closed
the public hearing.
C/McManus moved, C/Low seconded, to approve Development Review
No. 2004-43 and Minor Conditional Use Permit No. 2005-01, Findings of
Fact, and conditions of approval as listed within the resolution.
AYES: COMMISSIONERS: VC/Tanaka, Low, McManus, Tye
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Chair/Nolan
FEBRUARY 8, 2005 Page 6 PLANNING COMMISSION
7.4 Development Review No. 2004-44 - In accordance with Diamond Bar
Municipal Code Section 22.48.020(a) - this was a request to construct a two
story, single family residence of approximately 12,300 gross square feet
including balconies, porch and attached four car garage.
PROJECT ADDRESS:
PROPERTY OWNER:
2869 Oak Knoll Drive
(Lot 2, Parcel Map 26235)
Diamond Bar, CA 91765
Windmill Estates, LLC
3480 Torrance Boulevard #300
Torrance, CA 90503
APPLICANT: Richard Gould
3480 Torrance Boulevard #300
Torrance, CA 90503
AssocP/Lungu presented staffs report and recommended Planning
Commission approval of Development Review No. 2004-44, Findings of Fact,
and conditions of approval as listed within the resolution.
C/Tye asked if page 6, Item 5 (g) should read wet bar instead of wet. He
asked if it would require City approval if a future owner wanted to put
appliances in the rumpus room. PM/Fong said that if the owner wanted to put
appliances in the rumpus room it would be considered as a second unit and
would then be subject to the City's second unit development criteria that
limits the size of the second unit.
C/McManus wanted to know if staff was recommending a cupola or some
other architectural or landscape feature to break up the roofline to which
PM/Fong responded that staff would prefer an architectural feature to
landscaping.
Curt Nelson thanked staff for the thorough report. He said that the distance
from the rear of the structure to the toe of the slope was only about 25 feet
and a retaining wall fronted the slope that ascended 100 feet and that the
nearest home on the upper level was 240 feet away from the project. He
asked that the project be allowed to consider 5 (h) fulfilled with the addition of
the Pilasters and not include a cupola or bay window because of the grade
and distance differential.
FEBRUARY 8, 2005 Page 7 PLANNING COMMISSION
C/McManus suggested that at the point of the turret the roof could be
elevated with a cupola on top to satisfy staffs concerns. Richard Gould said
he felt such an adjustment could work and said he would study the
adjustment to determine whether it was feasible.
C/McManus asked why there were two master bedrooms proposed, one
downstairs and one upstairs, and would this constitute possible multiple use.
Mr. Nelson responded that homes in Diamond Bar of this size and less have
a recorded covenant and agreement that runs with the land and states that
the dwelling shall never be used for multi -family, subdivision and hotel
California type uses. Frequently in the Asian community grandparents live in
the home and are often provided a second master suite as part of their living
area.
VC/Tanaka opened the public hearing.
With no one present who wished to speak on this item, VC/Tanaka closed
the public hearing.
C/Tye asked if in light of the previous discussion 5(h) should be stricken?
PM/Fong recommended that staff and the applicant work together to possibly
implement C/McManus' recommendation in order to eliminate condition 5(h).
C/Tye moved, C/McManus seconded, to approve Development Review.-'
No. 2004-43 and Minor Conditional Use Permit No. 2005-01, Findings of
Fact, and conditions of approval as listed within the resolution.
AYES: COMMISSIONERS: Tye, McManus, Low, VC/Tanaka,
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Chair/Nolan
8. PLANNING COMMISSION COMMENTS AND INFORMATION ITEMS: None
Offered.
9. STAFF COMMENTS AND INFORMATION ITEMS: PM/Fong reported that
today staff received the development proposal from Brookfield Homes for the
Calvary Chapel site and the development plans will be brought to the Planning
Commission very soon.
FEBRUARY 8, 2005 Page 8 PLANNING COMMISSION
ACM/DeStefano reminded the Commission that the Planning Commissioners
Institute would be held April 13-15, 2005, in Pasadena. Please let SAA/Marquez or
any staff member know as soon as possible if you would like to register for the
event.
C/McManus felt it would be prudent for the Commission and staff to travel to the
event daily rather than book hotel rooms. ACM/DeStefano suggested that during
one day of the event staff and the Commissioners should meet for dinner.
10. SCHEDULE OF FUTURE EVENTS:
As listed in tonight's agenda.
ADJOURNMENT: With no further business before the Planning Commission,
VC/Tanaka adjourned the meeting at 7:52 p.m.
mitted,
Assistant City Manager
Attest:
Jack Tanaka, Vice Chairman
Agenda # 6.3
Meeting Date: March], 2005
CITY COUNCIL :757!!! t<,rZr trt" AGENDA REPORT
TO: Honorable Mayor and Members o e City Council
VIA: Linda C. Lowry, City Manage
TITLE: Ratification of Check Register dated March 1, 2005.
RECOMMENDATION:
Ratify Check Register dated March 1, 2005 in the amount of $784,150.29.
FINANCIAL IMPACT:
Expenditure of $784,150.29 in City funds.
BACKGROUND:
The City has established the policy of issuing accounts payable checks on a weekly
basis with City Council ratification at the next scheduled City Council meeting.
DISCUSSION:
The attached list of accounts payable bills, in the form of a check register dated
February 24, 2005 for $784,150.29, is being presented to the City Council for
ratification. All payments have been reviewed and approved by the appropriate
departmental staff and the attached Affidavit affirms that the check register has been
audited and deem accurate by the Finance Director.
PREPARED BY:
Linda G. Magnuson
Finance Director
REVIEWED BY:
Departmel t Head
Attachments: Affidavit and Check Register — 03/1/05
Deputy City Manager
CITY OF DIAMOND BAR
CHECK REGISTER AFFIDAVIT
The attached listing of demands, invoices, and claims in the form of a check register
dated February 24, 2005 has been audited and is certified as accurate. Payments have
been allowed from the following funds in these amounts:
Fund #
Description
Amount
001
General Fund
660,343.32
112
Prop A - Transit Fund
56,570.73
118
Air Qlty Impr Fd (AB2766)
61.94
126
Citizens Opt - Public Sfty
161.60
138
LLAD #38 Fund
3,686.96
139
LLAD #39 Fund
883.67
141
LLAD #41 Fund
1,365.55
250
Capital Improv/Prof Fund
61,076.52
Total for All Funds
$784,150.29
Signed:
Linda G. Magnu on
Finance Director
CITY OF DIAMOND BAR
RUN DATE: 02/24/2005 15:06:14
CHECK REGISTER
PAGE:
1
DUE THRU: 02/24/2005
PREPAID
FUND/SECT-ACCT-PROJECT-ACCT
PO #
INVOICE DESCRIPTION
AMOUNT
DATE CHECK
IST PMF BANCORP
0014030-44000--
15746
2/11/05 TEMP SVCS -WK 2/4
1,110.40
02/24/2005
63788
TOTAL PREPAID CHECK(S)
1,110.40
TOTAL UNPAID CHECK(S)
.00
TOTAL DUE VENDOR
1,110.40
JACQUELINE ACOSTA.
001-34780--
16898 RECREATION REFUND
58.00
02/17/2005
63714
TOTAL PREPAID CHECK(S)
58.00
TOTAL UNPAID CHECK(S)
.00
TOTAL DUE VENDOR
58.00
ADELPHIA
0014010-42130-CC505-42130
MODEM SVCS -COUNCIL
46.95
02/24/2005
63789
DD14D1D-4213D-CC405-42130
MODEM SVCS -COUNCIL
46.95
02/24/2005
63789
TOTAL PREPAID CHECK(S)
93.90
TOTAL UNPAID CHECK(S)
.00
TOTAL DUE VENDOR
93.90
AGI ACADEMY
0015350-45300--
15956
CONTRACT CLASS -WINTER
693.00
02/17/2005
63715
TOTAL PREPAID CHECK(S)
693.00
TOTAL UNPAID CHECK(S)
.00
TOTAL DUE VENDOR
693.00
EVA AGUILAR
001-34730--
17108 RECREATION REFUND
45.00
02/24/2005
63790
TOTAL PREPAID CHECK(S)
45.00
TOTAL UNPAID CHECK(S)
.00
TOTAL DUE VENDOR
45.00
AMERICAN CLASSIC SANITATION
0015340-42130--
15556
I-63266 RENTAL-LOR13EER SCHL
69.24
02/24/2005
63791
TOTAL PREPAID CHECK(S)
69.24
TOTAL UNPAID CHECK(S)
.00
TOTAL DUE VENDOR
69.24
AMERICAN PUBLIC WORKS ASSOCIATION
0015510-42315--
MEMBERSHIP DUES -K MOLINA
152.50
02/17/2005
63716
TOTAL PREPAID CHECK(S)
152.50
-
TOTAL UNPAID CHECK(S)
.00
TOTAL DUE VENDOR
152.50
CHRISTINE ANN ANGELI
0015350-45300--
A15703
CONTRACT CLASS -WINTER
36.00
02/17/2005
63717
TOTAL PREPAID CHECK(S)
36.00
TOTAL UNPAID CHECK(S)
.00
TOTAL DUE VENDOR
36.00
BEAR STATE AIR CONDITIONING SVCS IN
0015340-42210--
15883
052163 HVAC SVCS -HERITAGE PK
616.77
02/17/2005
63718
TOTAL PREPAID CHECK(S)
616.77
TOTAL UNPAID CHECK(S)
.00
TOTAL DUE VENDOR
616.77
CITY OF DIAMOND BAR
RUN DATE: 02/24/2005. 15:06:14
CHECK REGISTER
PAGE:
2
DUE THRU: 02/24/2005
PREPAID
FUND/SECT-ACCT-PROJECT-ACCT
PO #
INVOICE DESCRIPTION AMOUNT
DATE CHECK
BEE RFMOVFRS
0015340-42210--
577593 INSPECTION SVCS -ASPEN KNL
65.00
02/17/2005
63719
TOTAL PREPAID CHECK(S)
65.00
TOTAL UNPAID CHECK(S)
.00
TOTAL DUE VENDOR
65.00
BENESYST
001-21105--
PP 04/05 2/25/05 -PAYROLL DEDUCTION
384.62
02/24./2005
63792
0014060-42346--
205127 FSA FUND-H/R
109.23
02/17/2005
63720
TOTAL PREPAID CHECK(S)
493.85
TOTAL UNPAID CHECK(S)
.00
TOTAL DUE VENDOR
493.85
BLUE SKY CAFE'
0014050-42325--
MTG SUPPLIES -FINANCE
42.54
02/17/2005
63721
0015510-42325--
2/15/05 MTG SUPPLIES-P/WORKS
32.48
02/24/2005
63793
TOTAL PREPAID CHECK(S)
75.02
TOTAL UNPAID CHECK(S)
.00
TOTAL DUE VENDOR
75.02
BRYAN STIRRAT & ASSOCIATES INC
001-23012--
993997 ADMIN FEE -EN 04-433
119.34
02/17/2005
63722
001-34650--
993997 ADMIN FEE -EN 04-433
-119.34
02/17/2005
63722
001-23012--
15451
993997 PROF.SVCS-EN 04 433
663.00
02/17/2005
63722
TOTAL PREPAID CHECK(S)
663.00
TOTAL UNPAID CHECK(S)
.00
TOTAL DUE VENDOR
663.00
CATALINA BALLAST BULB COMPANY
0015333-41200--
55296 SUPPLIES -DBC
30.71
02/24/2005
63794
0015333-412DD--
55385 SUPPLIES -DBC
42.82
02/24/2005
63794
TOTAL PREPAID CHECK(S)
73.53
TOTAL UNPAID CHECK(S)
.00
TOTAL DUE VENDOR
73.53
CENTER ICE SKATING ARENA
0015350-45300--
15706
CONTRACT CLASS -WINTER
243.00
02/17/2005
63723
TOTAL PREPAID CHECK(S)
243.00
TOTAL UNPAID CHECK(S)
.00
TOTAL DUE VENDOR
243.00
LING -LING CHANG
0015350-44100--
PER DIEM -CPRS CONF
130..50
02/17/2005
63724
TOTAL PREPAID CHECK(S)
130.50
TOTAL UNPAID CHECK(S)
.00
TOTAL DUE VENDOR
130.50
CHARTER OAK GYMNASTICS, INC
0015350-45300--
A15951
CONTRACT CLASS -WINTER
666.00
02/17/2005
63725
TOTAL PREPAID CHECK(S)
666.00
TOTAL UNPAID CHECK(S)
.00
TOTAL DUE VENDOR
666.00
CITY OF DIAMOND BAR
RUN DATE: 02/24/2005 15:06:14
CHECK REGISTER
PAGE:
3
DUE THRU: 02/24/2005
PREPAID
FUND/SECT-ACCT-PROJECT-ACCT
PO #
INVOICE DESCRIPTION AMOUNT
DATE CHECK
CHARTHOUSE LEARNING
0014060-42340--
16176
397505-0 TRNG MATERIALS-H/R
2,553.15
02/24/2005
63795
TOTAL PREPAID CHECK(S)
2,553.15
TOTAL UNPAID CHECK(S)
.00
TOTAL DUE VENDOR
2,553.15
CATHY CHENG
001-34740--
14445 RECREATION REFUND
59.00
02/24/2DD5
63796
TOTAL PREPAID CHECK(S)
59.00
TOTAL UNPAID CHECK(S)
.00
TOTAL DUE VENDOR
59.00
ALICE CHIEN
0015350-45300--
CONTRACT CLASS-WINTER
405.00
02/17/2005
63726
TOTAL PREPAID CHECK(S)
405.00
TOTAL UNPAID CHECK(S)
.00
TOTAL DUE VENDOR
405.00
JAMES B CLARKE
0014030-44000--
15895
2/14/05 LEGISLATIVE SVCS-WK 2/12
1,302.00
02/17/2005
63727
0014030-44000-- -
15895
2/18/05 LEGISLATIVE SVCS-WK 2/19
609.00
02/24/2005
63797
TOTAL PREPAID CHECK(S)
1,911.00
TOTAL UNPAID CHECK(S)
.00
TOTAL DUE VENDOR
1,911.00
COMMERCIAL SECURITY GROUP
0015340-42210--
306163/30691 SUPPLIES-PANTERA PK
150.83
02/24/2005
63798
0015340-42210--
306163/30691 SUPPLIES-SUMMITRIDGE PK
1.19.50
02/24/2005
63798
0015340-42210--
301080 MAINT-HERITAGE PARK
33.13
02/17/2005
63728
TOTAL PREPAID CHECK(S)
303.46
TOTAL UNPAID CHECK(S)
.00
TOTAL DUE VENDOR
303.46
COUNCIL OF AFRICAN AMERICAN PARENTS
001-36610--
PK REFUND-DBC 11585
400-DD
02/17/2005
63729
TOTAL PREPAID CHECK(S)
400.00
TOTAL UNPAID CHECK(S)
.DD
TOTAL DUE VENDOR
400.00
COUNTY OF LOS ANGELES ASSESSOR
1415541-44000--
LNDSCP ASSESSMNT-DIST 41
66.00
02/17/2005
63730
1395539-44000--
LNDSCP ASSESSMNT-DIST 39
66-00
02/17/2005
63730
1365538-44000--
LNDSCP ASSESSMNT-DIST 38
68.00
02/17/2005
63730
TOTAL PREPAID CHECK(S)
200.00
TOTAL UNPAID CHECK(S)
.00
TOTAL DUE VENDOR
200.00
CPRS DISTRICT XIII
0015350-42340--
115 CPRS TRNG-WRIGHT
10.00
02/17/2005
63731
0015350-42340--
2/16/05 CPRS TRNG-STAFF
144.00
02/24/2005
63799
TOTAL PREPAID CHECK(S)
154.00
TOTAL UNPAID CHECK(S)
.00
TOTAL DUE VENDOR
154.00
CITY OF DIAMOND BAR
RUN DATE: 02/24/2005 15:06:14
CHECK REGISTER
PAGE:
4
DUE.THRU: 02/24/2005
PREPAID
FUND/SECT-ACCT-PROJECT-ACCT
PO #
INVOICE DESCRIPTION AMOUNT
DATE CHECK
D & J MUNICIPAL SERVICES, INC
0015220-45201--
15534
DB -BLDG 06 BLDG&SFTY SVCS -2/1-2/18
28,724.54
02/24/2005
63800
TOTAL PREPAID CHECK(S)
28,724.54
TOTAL UNPAID CHECK(S)
.00
TOTAL DUE VENDOR
28,724.54
D H MAINTENANCE SERVICES
0015333-45300--
A15809
7290 ADDL MAINT-DBC JAN 05
2,149.00
02/24/2005
63801
0015340-45300--
A15809
7296 MAINT-PARKS FEB 05
9,632.00
02/24/2005
63801
0015333-45300--
A15809
7296 MAINT-DBC FEB 05
2,124.50
02/24/2005
63801
0015333-45300--
A15809
7296 MAINT-DBC FEB 05
250.00
02/24/2005
63801
0015340-45300--
A15809
7296 MAINT-PARKS FEB 05
925.00
02/24/2005
63801
0015340-45300--
A15809
7190 MAINT-PARKS JAN 05
925.00
02/17/2005
63732
0015333-45300--
A15809
7190 MAINT-DBC
250.00
02/17/2005
63732
0015333-45300--
A15809
7190 MAINT-DBC JAN 05
2,124.50
02/17/2005
63732
0015333-4530.0--
A15809
7190 MAINT-DBC
9,632.00
02/17/2005
63732
TOTAL PREPAID CHECK(S)
28,012.00
TOTAL UNPAID CHECK(S)
.00
TOTAL DUE VENDOR
28,012.00
DAVID EVANS AND ASSOCIATES,INC
2505510-46416-10005-46416
16044
163572 ARCHITECH SVCS -FEB 05
2,368.76
02/17/2005
63733
2505310-46415-10005-46415
16044
163572 ARCHITECT SVCS -FEB 05
2,368.76
02/17/2005
63733
TOTAL PREPAID CHECK(S)
4.,737.52
TOTAL UNPAID CHECK(S)
.00
TOTAL DUE VENDOR
4,737.52
DAY & NITE COPY CENTER
0015350-42110--
1.5644
8171 PRINT SVCS -NEWSLETTER FEB
61.70
02/17/2005
63.734
0015350-42110--
15644
8844 PRINT SVCS-YMP NOTEBKS
177.92
02/17/2005
63734
0015350-42110--
15644
8942 PRINT SVCS-REC
991.87
02/17/2005
63734
0015510-42110--
8955 PRINT SVCS -PUBLIC WORKS
208.32
02/17/2005
63734
0015510-42110--
9480 PRINT SVCS -PUBLIC WORKS
77.94
02/24/2005
63802
TOTAL PREPAID CHECK(S)
1,517.75
TOTAL UNPAID CHECK(S)
.00
TOTAL DUE VENDOR
1,517.75
DELTA CARE PMI
001-21104--
PP 01-02 FEB 05 -DENTAL PREMIUMS
272.65
02/17/2005
63735
.TOTAL PREPAID CHECK(S)
272.65
TOTAL UNPAID CHECK(S)
.00
TOTAL DUE VENDOR
272.65
CAROL DENNIS
0015350-44000--
A15695
P&R012705 PROF.SVCS-P&R COMM 1/27
150.00
02/17/2005
63736
0014030-44000--
A15695
dbcc020105 PROF.SVCS-CNCL MTG 2/1
175.00
02/24/2005
63803
TOTAL PREPAID CHECK(S)
325.00
TOTAL UNPAID CHECK(S)
.00
TOTAL DUE VENDOR
325.00
DEPARTMENT OF JUSTICE
0014060-42345--
15846
508910 EMPLOYEES BACKGROUND CHCK
32.00
02/24/2005
63804
TOTAL PREPAID CHECK(S)
32.00
TOTAL UNPAID CHECK(S)
.00
TOTAL DUE VENDOR
32.00
CITY OF DIAMOND BAR
RUN DATE: 02/24/2005 15:06:14
CHECK REGISTER
PAGE:
5
DUE THRU: 02/24/2005
PREPAID
FUND/SECT-ACCT-PROJECT-ACCT
PO #
INVOICE DESCRIPTION
AMOUNT
DATE CHECK
DEWAN LUNDIN & ASSOCIATES INC
2505510-R46411-18603-46411
12643
DB -031A-1 DESIGN SVCS -GRAND AVE
29,935.00
02/24/2005
63805
2505510-R46411-18603-46411
12643
DB -031-7 DESIGN SVCS -GRAND AVE
20,604.00
02./24/2005
63805
2505215-46420-20605-46420
16079
DB -036-1 CDBG PROJ-D/B BLVD
5,800.00
02/17/2005
63737
TOTAL PREPAID CHECK(S)
56,339.00
TOTAL UNPAID CHECK(S)
.00
TOTAL DUE VENDOR
56,339.00
DIAMOND BAR INTERNATIONAL DELI
0015350-41200--
MTG SUPPLIES-P&R COMM
100.00
02/17/2005
63738
TOTAL PREPAID CHECK(S)
100.00
TOTAL UNPAID CHECK(S)
.00
TOTAL DUE VENDOR
100.00
DIAMOND BAR WALNUT AAUW
001-23002--
13773 PK REFUND -DBC
200.00
02/17/2005
6373.9
TOTAL PREPAID CHECK(S)
200.00
TOTAL UNPAID CHECK(S)
.00
TOTAL DUE VENDOR
200.00
EMPLOYMENT DEVELOPMENT DEPARTMENT
0014090-40093--
UNEMPLOYMENT CHRG-OCT-DEC
2,145.00
02/17/2005
63740
TOTAL PREPAID CHECK(S)
2,145.00
TOTAL UNPAID CHECK(S)
.00
TOTAL DUE VENDOR
2,145.00
DWIGHT ENGMAN
001-34780--
16983 RECREATION REFUND
60.00
02/17/2005
63741
TOTAL PREPAID CHECKS)
60.00
TOTAL UNPAID CHECK(S)
.00
TOTAL DUE VENDOR
60.00
EXPRESS TEL
0014090-42125--
1578255 LONG DIST CHARGES
80.69
02/24/2005
63806
TOTAL PREPAID CHECK(S)
80.69
TOTAL UNPAID CHECK(S)
.00
TOTAL DUE VENDOR
80.69
WILMA FAUSTINO
001-23002--
17052 PK REFUND -HERITAGE 16345
200.00
02/24/2005
64127
TOTAL PREPAID CHECK(S)
200.00
TOTAL UNPAID CHECK(S)
.00
TOTAL DUE VENDOR
200.00
FEDERAL EXPRESS
0014090-42120--
799184891 EXPRESS MAIL GENERAL
118.78
02/17/2005
63742
TOTAL PREPAID CHECK(S)
116-78
TOTAL UNPAID CHECK(S)
.00
TOTAL DUE VENDOR
118.78
DAVID FERNANDEZ
0015350-45300--
15952
CONTRACT CLASS -WINTER
1,416.00
02/17/2005
63743
TOTAL PREPAID CHECK(S)
1,416.00
TOTAL UNPAID CHECK(S)
.00
TOTAL DUE VENDOR
1,416.00
CITY OF DIAMOND BAR
RUN DATE: 02/24/2005 15:06:14
CHECK REGISTER
PAGE:
6
DUE THRU: 02/24/2005
PREPAID
FUND/SECT-ACCT-PROJECT-ACCT
PO ##
INVOICE DESCRIPTION
AMOUNT
DATE CHECK
FOOTHILL TRANSIT
1125553-45533--
15724
15487 FOOTHILL PASSES-FEB 05
-253.50
02/17/2005
63744
1125553-45533--
15724
15487 CITY SUBSIDY-FEB 05
1,690.00
02/17/2005
63744
1125553-45535--
15724
15487 FOOTHILL PASSES-FEB 05
6,760.00
02/17/2005
63744
TOTAL PREPAID CHECK(S)
8,196.50
TOTAL UNPAID CHECK(S)
.00
TOTAL DUE VENDOR
8,196.50
FRAZEE INDUSTRIES INC
001,5333-41200--
126245 SUPPLIES-DBC
123.32
02/17/2005
63745
TOTAL PREPAID CHECK(S)
123.32
TOTAL UNPAID CHECK(S)
.00
TOTAL DUE VENDOR
123.32
MARGARET GEORGE
001-34730--
16940 RECREATION REFUND
31.00
02/17/2005
63746
TOTAL PREPAID CHECK(S)
31.00
TOTAL UNPAID CHECK(S)
.00
TOTAL DUE VENDOR
31.00
GFI USA INC
0014070-422D5--
GFI 28454 RENEWAL-COMP MAINT
199.00
02/24/2005
63807
TOTAL PREPAID CHECK(S)
199.00
TOTAL UNPAID CHECK(S)
.00
TOTAL DUE VENDOR
199.00
GRAND MOBIL
0014090-422.00--
27445 MAINT-GENERAL
62.95
02/17/2005
63747
TOTAL PREPAID CHECK(S)
62.95
TOTAL UNPAID CHECK(S)
.00
TOTAL DUE VENDOR
62.95
GRAY13AR
0015340-41200--
321312 SUPPLIES-HERITAGE PK
275.68
02/17/2005
63748
0015333-42210--
906670733 SUPPLIES-DBC
53.82
02/17/2005
63748
TOTAL PREPAID CHECK(S)
329.50
TOTAL UNPAID CHECK(S)
.00
TOTAL DUE VENDOR
329.50
JESSICA HALL
0015350-45300--
16150
CONTRACT CLASS-WINTER
1,548.00
02/17/2005
63749
TOTAL PREPAID CHECK(S)
1,548.00
TOTAL UNPAID CHECK(S)
.00
TOTAL DUE VENDOR
1,548.00
WELDON HOWLETT
D01-34740--
17039 RECREATION REFUND
80.00
02/17/2005
63750
TOTAL PREPAID CHECK(S)
80.00
TOTAL UNPAID CHECK(S)
.00
TOTAL DUE VENDOR
80.00
CITY OF DIAMOND BAR
RUN DATE: 02/24/2005 15:06:14
CHECK REGISTER
PAGE:
7
DUE THRU: 02/24/2005
PREPAID
FUND/SECT-ACCT-PROJECT-ACCT
PO #
INVOICE DESCRIPTION AMOUNT
DATE CHECK
JAMES T HULL
0015350-453.00--
15714
CONTRACT CLASS -WINTER
1,5.36.00
02/17/2005
63751
TOTAL PREPAID CHECK(S)
1,536.00
TOTAL UNPAID CHECK(S)
.00
TOTAL DUE VENDOR
1,536.00
HULS ENVIRONMENTAL MANAGEMENT, LLC
0015510-44240--
15840
2728 NPDES SVCS -JAN 05
855.00
02/17/2005
63752
TOTAL PREPAID CHECK(S)
855.00
TOTAL UNPAID CHECKS)
.00
TOTAL DUE VENDOR
855.00
INLAND VALLEY DAILY BULLETIN
0014030-42115--
A15568
134364 LEGAL AD -ELECTION
64.40
07/24/200.5
63808
TOTAL PREPAID CHECK(S)
64.40
TOTAL UNPAID CHECKS)
.00
TOTAL DUE VENDOR
64.40
JUDICIAL DATA SYSTEMS CORPORATION
0014411-45405--
58.55 PARKING CITE ADMIN -JAN 05
970.44
02/17/2005
63753
TOTAL PREPAID CHECK(S)
970.44
TOTAL UNPAID CHECK(S)
.00
TOTAL DUE VENDOR
970.44
KATZ OKITSU & ASSOCIATES
0015551-45222--
15984
JA3077X4 PROF.SVCS-NTMP
3,830.00
02/17/2D05
63754
TOTAL PREPAID CHECK(S)
3,830.00
TOTAL UNPAID CHECKS)
.00
TOTAL DUE VENDOR
3,830.00
MI KYUNG KIM
001-34780--
15938 RECREATION REFUND
51.00
02/17/2005
63755
TOTAL PREPAID CHECK(S)
51.00
TOTAL UNPAID CHECK(S)
.00
TOTAL DUE VENDOR
51.0D
LANTERMAN DEV CENTER/COMM INDUSTRIE
0015558-45503--
15640
311 PARKWAY MAINT-JAN 05
1,829.36
02/24/2005
63809
TOTAL PREPAID CHECK(S)
1,829.36
TOTAL UNPAID CHECK(S)
.00
TOTAL DUE VENDOR
1,829.36
LEAGUE OF CALIFORNIA CITIES
0014010-42325-CC205-42325
MEMBERSHIP DUES -COUNCIL
27.00
02/24/2005
63810
TOTAL PREPAID CHECK(S)
27.00
TOTAL UNPAID CHECK(S)
.00
TOTAL DUE VENDOR
27.00
SHERI LIEBE
0.015350-45300--
CONTRACT CLASS -WINTER
240.00
02/17/2005
63756
TOTAL PREPAID CHECK(S)
240.00
TOTAL UNPAID CHECK(S)
.00
TOTAL DUE VENDOR
240.00
CITY OF DIAMOND BAR
RUN DATE: 02/24/2005 15:06:14
CHECK REGISTER
PAGE:
8
DUE THRU: 02/24/2005
PREPAID
FUND./SECT-ACCT-PROJECT-ACCT
PO #
INVOICE DESCRIPTION
AMOUNT
DATE CHECK
LIEBERT CASSIDY WHITMORE
0014060-44000--
16169
12/31/04 LEGAL SVCS -PERSONNEL DEC
4,536.00
02/24/2005
63811
TOTAL PREPAID CHECK(S)
4,536.00
TOTAL UNPAID CHECK(S)
.00
TOTAL DUE VENDOR
4,536.00
CONSTANCE J LILLIE
0015350-45300--
15716
CONTRACT CLASS -WINTER
595.20
02/17/2005
63757
TOTAL PREPAID CHECK(S)
595.20
TOTAL UNPAID CHECK(S)
.00
TOTAL DUB: VENDOR
595.20
LOS ANGELES COUNTY SHERIFF'S DEPT
0014411-45402--
73936 CALVARY CHAPEL -JAN 05
7,660.27
02/24/2005
63812
1125553-45402--
73628 TRANSIT TCKT SALES -JAN 05
113.23
02/24/2005
63812
0014411-45401--
73828 CONTRACT SVCS -JAN 05
329,528.53
02/24/2005
63812
001441..1-45402--
73782 MOTOR SUPPLEMNTL-JAN 05
7,457.88
02/24/2005
63812
TOTAL PREPAID CHECK(S)
344,759.91
TOTAL UNPAID CHECK(S)
.00
TOTAL DUE VENDOR
344,759.91
LOWE'S
0015333-42210--
15654
2/11/05 SUPPLIES -DBC
45.06
02/24/2005
63813
0015340-42210--
15654
SUPPLIES -PARKS
3.76
02/17/2005
63758
0015333-42210--
15654
SUPPLIES -DSC
7.51
02/17/2005
63758
TOTAL PREPAID CHECK(S)
56.33
TOTAL UNPAID CHECK(S)
.00
TOTAL DUE VENDOR
56.33
MAINTEX
0015333-41200--
783771 SUPPLIES -DBC
28.78
02/24/2005
63814
TOTAL PREPAID CHECK(S)
28.78
TOTAL UNPAID CHECK(S)
.00
TOTAL DUE VENDOR
28.78
ALEX MALINOWSKY
0015340-42210--
MAINT-HERITAGE C/CTR
30-00
02/17/2005
63759
TOTAL PREPAID CHECK(S)
30.00
TOTAL UNPAID CHECK(S)
.00
TOTAL DUE VENDOR
30.00
CITY OF DIAMOND BAR
RUN
DATE: 02/24/2005 15:06:14
CHECK REGISTER
PAGE:
9
DUE THRU: 02/24/2005
PREPAID
FUND/SECT-ACCT-PROJECT-ACCT
PO #
INVOICE DESCRIPTION AMOUNT
DATE CHECK
MCE CORPORATION
OO1S554-45506--
15607
0412062 SIGNS & STRIPING-DEC 04
1,855.13
02/17/2005
63760
0015554-45522--
15609
0412062 RIGHT OF WAY MAINT-DEC 04
1,827.36
02/17/2005
63760
0015554-45502--
15605
0501055 ROAD MAINT-JAN 05
8,400.82
02/17/2005
63760
0015554-45502--
15605
0501055 ADDL ROAD MAONT-JAN 05
4,332.28
02/17/2005
63760
0015554-45522--
15609
0501055 RIGHT OF WAY MAINT-JAN 05
1,254.20
02/17/2005
63760
0015554-45512--
15606
0501055 STORM DRAIN MAINT-JAN 05
1,955.84
02/17/2005
63760
0015554-45506--
15607
0501055 SIGNS & STRIPING-JAN 05
435.68
02/17/2005
63760
0015554-45502--
15605
0412062 ROAD MAINT-DEC 04
8,989.16
02/17/2005
63760
0015554-45504--
15608
0412062 SIDEWALK MAINT-DEC 04
45,130.32
02/17/2005
63760
0015554-45512--
15606.
0412062 STORM DRAIN MAINT-DEC 04
1,304.66
02/17/2005
63760
0015558-45508--
15828
0501056 VEG CONTROL MAINT-JAN 05
10,319.80
02/24/2005
63815
TOTAL PREPAID CHECK(S)
85,805.25
TOTAL UNPAID CHECK(S)
.00
TOTAL DUE VENDOR
85,805.25
METROLINK
1125553-455.3.5--
15725
130207 METROLINK PASSES-JAN 05
39,316.20
02/17/200.5
63761
1125553-45535--
15725
130207 RETURNED PASSES-JAN 05
-2,936.50
02/17/2005
63761
1125553-45533--
15725
130207 METROLINK PASSES-JAN 05
10,002.30
02/17/2005
63761
TOTAL PREPAID CHECK(S)
46,382.00
TOTAL UNPAID CHECK(S)
.00
TOTAL DUE VENDOR
46,382.00
METROPOLITAN TRANSPORTATION AUTH
1125553-45533--
15726
2050645 MTA BUS PASSES-JAN 05
541.10
02/17/2005
63762
1125553-45535--
1.5726
2050645 MTA BUS PASSES-JAN 05
1,337.90
02/17/2005
63762
TOTAL PREPAID CHECK(S)
1,879.00
TOTAL UNPAID CHECK(S)
.00
TOTAL DUE VENDOR
1,879.00
ALISON
D MEYERS
0015350-44100--
PER DIEM-CPRS CONF
195.75
02/17/2005
63763
0015350-44000--
16058
CNSLTNT SVCS-YMP WK 2/19
1,930.48
02/24/2005
63816
TOTAL PREPAID CHECK(S)
2,126.23
TOTAL UNPAID CHECK(S)
.00
TOTAL DUE VENDOR
2,126.23
MOBILE
MODULAR MANAGEMENT GROUP
0015350-42140--
15697
2152464 RENTAL-SYC CYN PK
535.84
02/24/2005
63817
TOTAL PREPAID CHECK(S)
535.84
TOTAL UNPAID CHECK(S)
.00
TOTAL DUE VENDOR
535.84
CHRISTY
MURPHEY
0015350-44100--
PER DIEM-CPRS CONY
391.50
02/17/2005
63764
TOTAL PREPAID CHECK(S)
391.50
TOTAL UNPAID CHECK(S)
.00
TOTAL DUE VENDOR
391.50
RUN DATE: 02/24/2005 15:06:14
FUND/SECT-ACCT-PROJECT-ACCT
NAKOMA GROUP LLC
0014070-44000--
0014070-44000--
0014070-44000--
0014070-44000--
CARY L NEELY
0015210-44210--
NETWORLD & INTEROP 2005
0014070-42330--
NEXTEL COMMUNICATIONS
0014090 -42130 --
OLYMPIC STAFFING SERVICES
0015310 -44000 --
0015310 -44000 --
PERS HEALTH
0014060-40093--
0014090-40086--
001-21105
PERS RETIREMENT FUND
001 -21109 --
001 -21109 --
0014010 -40080 --
001 -21109 --
0014010 -40090 --
AIRTIME CHRGS-P/W,C/S,C/D
TOTAL PREPAID CHECK(S)
TOTAL UNPAID CHECK(S)
TOTAL DUE VENDOR
110818/11099 TEMP SVCS -WK 1/25
110818/11099 TEMP SVCS -WK 2/1
TOTAL PREPAID CHECK(S)
TOTAL UNPAID CHECK(S)
TOTAL DUE VENDOR
717.35 02/24/2005 63821
717.35
.00
717.35
158.88 02/17/2005 63765
99.30 02/17/2005 63765
258.18
.00
258.18
PP 03-04 ADMIN FEE
CITY OF DIAMOND
BAR
PP 03-04 ADMIN FEE
96.80
CC -RETIRE CONTRIB-EE/ER
02/24/2005 63822
PP 03-04 MARCH 05-14EALTH INS PREMS
20,566.13
CHECK REGISTER
02/24/2005 63822
TOTAL PREPAID CHECK(S)
PAGE:
10
TOTAL DUE VENDOR
TOTAL UNPAID CHECK(S)
DUE THRU: 02/24/2005
.00
TOTAL DUE VENDOR
20,756.64
PREPAID
PO #
INVOICE DESCRIPTION
AMOUNT
DATE CHECK
15589
2416 CONSULTING
SVCS -WK
1/30
225.00
02/24/2005
63818
15589
2446 CONSULTING
SVCS -WK
2/6
300.00
02/24/2005
63818
15589
2470 CONSULTING
SVCS -WK
2/13
450.00
02/24/2005
63818
15589
2385 CONSULTING
SVCS -WK
1/23
3,804.00
02/24/2005
63818
TOTAL PREPAID CHECK(S)
4,779.00
TOTAL UNPAID CHECK(S)
.00
TOTAL DUE VENDOR
4,779.00
15558
020705-01 CONSULTING
SVCS -JAN
05
1,620.00
02/24/2005
63819
TOTAL PREPAID CHECK(S)
1,620..00
TOTAL UNPAID CHECKS)
.00
TOTAL DUE VENDOR
1,620.00
N+I-5392 CHIEF INFO
CONF-DESFORGES
1,295.00
02/24/2005
63820
TOTAL PREPAID CHECK(S)
1,295.00
TOTAL UNPAID CHECK(S)
.00
TOTAL DUE VENDOR
1,295.00
AIRTIME CHRGS-P/W,C/S,C/D
TOTAL PREPAID CHECK(S)
TOTAL UNPAID CHECK(S)
TOTAL DUE VENDOR
110818/11099 TEMP SVCS -WK 1/25
110818/11099 TEMP SVCS -WK 2/1
TOTAL PREPAID CHECK(S)
TOTAL UNPAID CHECK(S)
TOTAL DUE VENDOR
717.35 02/24/2005 63821
717.35
.00
717.35
158.88 02/17/2005 63765
99.30 02/17/2005 63765
258.18
.00
258.18
PP 03-04 ADMIN FEE
93.71
02/24/2005 63822
PP 03-04 ADMIN FEE
96.80
CC -RETIRE CONTRIB-EE/ER
02/24/2005 63822
PP 03-04 MARCH 05-14EALTH INS PREMS
20,566.13
CC -SURVIVOR BENEFIT
02/24/2005 63822
TOTAL PREPAID CHECK(S)
20,756.64
CHECK(S)
TOTAL DUE VENDOR
TOTAL UNPAID CHECK(S)
.00
TOTAL DUE VENDOR
20,756.64
PP 04/05
RETIRE CONTRIB-EE
PP 04/05
SURVIVOR BENEFIT
PP 04/05
CC -RETIRE CONTRIB-EE/ER
PP 04/05
RETIRE CONTRIB-ER
PP 04/05
CC -SURVIVOR BENEFIT
TOTAL PREPAID
CHECKS)
TOTAL UNPAID
CHECK(S)
TOTAL DUE VENDOR
6,292.06 02/24/2005 63823
39.06 02/24/2005 63823
449.42 02./24/2005 63823
7,245.76 02/24/2005 63823
6.00 02/24/2005 63823
14,034.30
.00
14,034.30
CITY OF DIAMOND BAR
RUN DATE: 02/24/2005 15:06:14
CHECK REGISTER
PAGE:
11
DUE THRU: 02/24/2005
PREPAID
FUND/SECT-ACCT-PROJECT-ACCT
PO #
INVOICE DESCRIPTION AMOUNT
DATE CHECK
BRYAN PETROFF
0015340-42210--
REIMB-SUPPLIES
50.60
02/24/2005
63824
TOTAL PREPAID CHECK(S)
50.60
TOTAL UNPAID CHECK(S)
.00
TOTAL DUE VENDOR
50.60
POMONA JUDICIAL DISTRICT
0014411-45405--
5681 PARKING CITE ADMIN -DEC 04
2,455.00
02/17/2005
63766
TOTAL PREPAID CHECK(S)
2,455.00
TOTAL UNPAID CHECK(S)
.00
TOTAL DUE VENDOR
2,455.00
POSTMASTER
001-23010--
917206 EXPRESS MAIL -FPL 2004-116
13.65
02/24/2005
63825
0014050-42120--
917206 EXPRESS MAIL -GENERAL
27.30
02/24/2005
63825
001-23010--
917206 EXPRESS MAIL -FPL 2004-116
13.65
02/24/2005
63825
TOTAL PREPAID CHECK(S)
54.60
TOTAL UNPAID CHECK(S)
.00
TOTAL DUE VENDOR
54.60
RALPHS GROCERY/FOOD 4 LESS
0015350-41200--
15638
SUPPLIES -RECREATION
129.57
02/24/2005
63826
TOTAL PREPAID CHECK(S)
129.57
TOTAL UNPAID CHECKS)
.00
TOTAL DUE VENDOR
129.57
REPUBLIC ELECTRIC
0015554-45507--
15612
2381 TRFFC SIGNAL MAINT-JAN 05
1,521.71
02/17/2005
63767
TOTAL PREPAID CHECK(S)
1,521.71
TOTAL UNPAID CHECK(S)
.OD
TOTAL DUE VENDOR
1,521.71
BOB ROSE
0015350-44100--
PER DIEM -CPRS CONT
261.00
02/17/2005
63768
TOTAL PREPAID CHECK(S)
261.00
TOTAL UNPAID CHECK(S)
.00
TOTAL DUE VENDOR
261.00
S C SIGNS & SUPPLIES LLC
0015554-41250--
39648 SUPPLIES -ROAD MAINT
271.71
02/24/2005
63827
TOTAL PREPAID CHECK(S)
271.71
TOTAL UNPAID CHECK(S)
.00
TOTAL DUE VENDOR
271.71
SAN GABRIEL VALLEY TRIBUNE
0014030-42115--
15569
D4701 LEGAL AD -ELECTION
78.80
02/24/2005
63828
TOTAL PREPAID CHECK(S)
78.80
TOTAL UNPAID CHECK(S)
.00
TOTAL DUE VENDOR
78.80
SECTRAN SECURITY INC
0014090.44000--
15668
20115 COURIER SVCS -FEB 05
2.75.00
02/17/2005
63769
TOTAL PREPAID CHECK(S)
275.00
TOTAL UNPAID CHECK(S)
.00
TOTAL DUE VENDOR
275.00
CITY OF DIAMOND BAR
RUN DATE: 02/24/2005 15:06:14
CHECK REGISTER
PAGE:
12
DUE THRU: 02/24/2005
PREPAID
FUND/SECT-ACCT-PROJECT-ACCT
PO #
INVOICE DESCRIPTION
AMOUNT
DATE CHECK
NORMA SINGER
001-34730--
17104 RECREATION REFUND
95.00
02/24/2005
63829
TOTAL PREPAID CHECK(S)
95.00
TOTAL UNPAID CHECK(S)
.00
TOTAL DUE VENDOR
95-00
SMART & FINAL
0015350-41200--
15684
54260 SUPPLIES -DBC
129.11
02/24/2005
63830
TOTAL PREPAID CHECK(S)
129.11
TOTAL UNPAID CHECK(S)
.00
TOTAL DUE VENDOR
129.11
SOUTHERN CALIFORNIA EDISON
0015510-42126--
ELECT SVCS -TRAFFIC
CONTRL
62.14
02/24/2005
63831
1385538-42126--
ELECT SVCS-DIST 38
14.50
02/24/2005
63831
0015510-42126--
ELECT SVCS -TRAFFIC
CONTRL
48.66
02/24/2005
63831
1264411-42126--
ELECT SVCS -SHERIFF
CTR
161.60
02/24/2005
63831
0015510-42126--
ELECT SVCS -TRAFFIC
CONTRL
342.13
02/24/2005
63831
1385538-42126--
ELECT SVCS-DIST 38
43.60
02/24/2005
63831
0015510-42126--
ELECT SVCS -TRAFFIC
CONTRL
70.73
02/24/2005
6383.1
1415541-42126--
ELECT SVCS-DIST 41
14.00
02/17/2005
63770
0015510-42126--
ELECT SVCS -TRAFFIC
CONTRL
696.79
02/17/2005
63770
0015510-42126--
ELECT SVCS -TRAFFIC
CONTRL
18.42
02/17/2005
63770
0015510-42126--
ELECT SVCS -TRAFFIC
CONTRL
27.62
02/17/2005
63770
0015510-42126--
ELECT SVCS -TRAFFIC
CONTRL
43.00
02/17/2005
63770
0015510-42126--
ELECT SVCS -TRAFFIC
CONTRL
36.81
02/17/2005
63770
0015333-42126--
ELECT SVCS -DBC
4,719.43
02/17/2005
63770
1385538-42126--
ELECT SVCS-DIST 38
14.50
02/17/2005
63770
TOTAL PREPAID CHECK(S)
6,313.93
TOTAL UNPAID CHECK(S)
.00
TOTAL DUE VENDOR
6,313.93
SOUTHLAND SPORTS OFFICIALS
0015350-45300--
15734
2/2-2/15/05 OFFICIAL SVCS -2/2-2/15
966.00
02/24/2005
63.832
TOTAL PREPAID CHECK(S)
966.00
TOTAL UNPAID CHECK(S)
.00
TOTAL DUE VENDOR
966.00
STUDENT ACCOUNTS
0014030-42340--
12/09/04 TUITION-CMGR FY
00/01
3,000.00
02/24/2005
63833
0014030-42340--
12/09/04 TUITION-CMGR FY
01/02
2,240.00
02/24/2005
63833
TOTAL PREPAID CHECK(S)
5,240.00
TOTAL UNPAID CHECK(S)
.00
TOTAL DUE VENDOR
5,240.00
SUNGARD PENTAMATION INC
0014050-44030--
36748 INSTALL SOFTWARE -W2/1099
300.00
02/17/2005
63771
0014070-46235--
16077
36892 INSTALLATION SVCS -JAN 05
11,659.00
02/17/2005
63771
0014070-46235--
16077
36501 MAINT SVCS -2/05-1/06
8,111.26
02/17/2005
63771
0014070-46235--
16077
36893 INSTALLATION SVCS -JAN 05
15,250.00
02/17/2005
63771
TOTAL PREPAID CHECK(S)
35,320.26
TOTAL UNPAID CHECK(S)
.00
TOTAL DUE VENDOR
35,320.26
CITY OF DIAMOND BAR
RUN DATE: 02/24/2005 15:06:14
CHECK REGISTER
PAGE:
13
DUE THRU: 02/24/2005
PREPAID
FUND/SECT-ACCT-PROJECT-ACCT
PO #
INVOICE DESCRIPTION AMOUNT
DATE CHECK
SUPERIOR INC
0015333-41200--
2339122 SUPPLIES -DBC
51.80
02/17/2005
63772
TOTAL PREPAID CHECK(S)
51.80
TOTAL UNPAID CHECK(S)
.00
TOTAL DUE VENDOR
51.80
TELEPACIFIC COMMUNICATIONS
0014070-44030--
16155
1393126-0 T1 INTERNET SVCS -FEB 05
497.25
02/24/2005
63834
TOTAL PREPAID CHECK(S)
4.97.25
TOTAL UNPAID CHECK(S)
.00
TOTAL DUE VENDOR
497.25
THE WHOLE ENCHILADA INC
0015510-42325--
92343 MTG SUPPLIES-P/WORKS
63.76
02/24/2005
63835
TOTAL PREPAID CHECK(S)
63.76
TOTAL UNPAID CHECK(S)
.00
TOTAL DUE VENDOR
63.76
THOMSON WEST
0014030-42320--
15934
806196853 PUBLICATION -CA CODES
184.05
02/24/2005
6383.6
TOTAL PREPAID CHECK(S)
184.05
TOTAL UNPAID CHECK(S)
.00
TOTAL DUE VENDOR
184.05
TINA CAREY & ASSOCIATES
0014030-44000--
545 CONSULTING SVCS -FEB 05
300.00
02/24/2005
63837
TOTAL PREPAID CHECK(S)
300.00
TOTAL UNPAID CHECK(S)
.00
TOTAL DUE VENDOR
300.00
TOSHIBA BUSINESS SOLUTIONS
0014090-42200--
16110
5157717 ANNL MAINT SVCS -FY 04/05
1,040.00
02/24/2005
63838
0015333-42210--
15786
5148316 MAINT-COPY MACHINE DBC
66.11
02/24/2005
63838
TOTAL PREPAID CHECK(S)
1,106.11
TOTAL UNPAID CHECK(S)
.00
TOTAL DUE VENDOR
1.,106.11
TOTAL PLAN
0014090-42210--
16090
68113 REMODEL -FRONT COUNTER C/H
10,008.80
02/17/2005
63773
TOTAL PREPAID CHECK(S)
10,008.80
TOTAL UNPAID CHECK(S)
.00
TOTAL DUE VENDOR
10,008.80
TRI CITIES POOL SERVICE & REPAIR
0015333-45300--
15827
5668 MAINT-DBC
160.00
02/17/2005
63774
TOTAL PREPAID CHECK(S)
160..00
TOTAL UNPAID CHECK(S)
.00
TOTAL DUE VENDOR
160.00
NATALIE TURRIETA
001-34730--
17114 RECREATION REFUND
31.00
02/24/2005
63839
TOTAL PREPAID CHECK(S)
31.00
TOTAL UNPAID CHECK(S)
.00
TOTAL DUE VENDOR
31.00
CITY OF DIAMOND BAR
RUN DATE: 02/24/2005 15:06:14
CHECK REGISTER
PAGE:
14
DUE THRU: 02/24/2005
PREPAID
FUND./SECT-ACCT-PROJECT-ACCT
PO #)
INVOICE DESCRIPTION AMOUNT
DATE CHECK
UCR EXTENSION
0015210-42340--
TRNG-FONG 3/11/05
155.00
02/24/2005
63840
TOTAL PREPAID CHECK(S)
155.00
TOTAL UNPAID CHECK(S)
.00
TOTAL DUE VENDOR
155.00
URBAN ENTOMOLOGY ASSOCIATE INC
0015340-42210--
15680
2287 SQUIRREL CNTROL-SUMMITRDG
125.00
02/17/2005
63775
1385538-42210--
15679
2285 GOPHER CONTROL -DIST #38
75.00
02/17/2005
63775
1385538-42210--
2266 GOPHER CNTRL-GRAND MEDIAN
75.00
02/17/2005
63775
TOTAL PREPAID CHECK(S)
275.00
TOTAL UNPAID CHECK(S)
.00
TOTAL DUE VENDOR
275.00
US HEALTHWORKS MEDICAL GROUP, PC
0014060-42345--
15698
652663-CA PRE-EMPLOYMENT PHYSICAL
80.00
02/24/2005
63841
TOTAL PREPAID CHECK(S)
80.00
TOTAL UNPAID CHECK(S)
.00
TOTAL DUE VENDOR
80.00
VALLEY CREST LANDSCAPE MAINT INC
0015340-42210--
15749
1343872 ADD'L MAINT-DBC
517.20
02/17/2005
63776
TOTAL PREPAID CHECK(S)
517.20
TOTAL UNPAID CHECK(S)
.00
TOTAL DUE VENDOR
517.20
VANTAGEPOINT TRANSFER AGENTS-303248
001-21108--
PP 04/05 2/25/05-PAYROLL DEDUCTION
5,197.16
02/24/2005
63842
TOTAL PREPAID CHECK(S)
5,197.16
TOTAL UNPAID CHECK(S)
.00
TOTAL DUE VENDOR
5,197.16
VERIZON CALIFORNIA
0015340-42126--
PH.SVCS-SYC CYN PK
92.44
02/24/2005
63843
0014090-42125--
PH.SVCS-INFO TO GO
152.76
02/17/2005
63777
0015333-42126--
PH.SVCS-DBC
32.21
02/17/2005
63777
1185098-42125--
PH.SVCS-DIAL IN MODEM
61.94
02/17/2005
63777
0015333-42126--
PH.SVCS-DBC
367.92
02/24/2005
63843
0014010-42125--
PH.SVCS-FAX LINE C/CNL
29.26
02/17/2005
63777
0014090-42125--
PH.SVCS-GENERAL
670.97
02/17/2005
63777
0014090-42125--
PH.SVCS-INFO TO GO
28.51
02/17/2005
63777
0015333-42126--
PH.SVCS-DBC
91.70
02/17/2005
63777
0014090-42125--
PH.SVCS-GENERAL
30.17
02/17/2005
63777
0014030-42125--
PH.SVCS-FAX LINE CMGR
29.07
02/17/2005
63777
-
TOTAL PREPAID CHECK(S)
1,586.95
TOTAL UNPAID CHECK(S)
-00
TOTAL DUE VENDOR
1,586.95
SAVITA VERMA
001-34780--
17038 RECREATION REFUND
31.00
02/17/2005
63778
TOTAL PREPAID CHECK(S)
31.00
TOTAL UNPAID CHECK(S)
.00
TOTAL DUE VENDOR
31.00
RUN DATE: 02/24/2005 15:06:14
FUND/SECT-ACCT-PROJECT-ACCT
VIKING OFFICE PRODUCTS
0014090 -41200 --
WALNUT VALLEY UNIFIED SCHOOL DIST.
0015350-42140--
0015350-42140--
0015350-42140--
0015350-42140--
0015350-42140--
0015350-42140--
0015350-42140--
0015350-42140--
0015350-42140--
WALNUT VALLEY WATER DISTRICT
1395539-42126--
1385538-42126--
1415541-42126--
0015340-42126--
WALNUT/DIAMOND BAR STATION FUND
0014411-42325--
WAXIE SANITARY SUPPLY CORP
0015333 -412D0 --
WELLS FARGO BANK
0014010-42330-CC5D5-42330
CITY OF DIAMOND BAR
CHECK REGISTER
DUE THRU: 02/24/2005
PO # INVOICE DESCRIPTION
274653666 SUPPLIES -GENERAL
TOTAL PREPAID CHECK(S)
TOTAL UNPAID CHECK(S)
TOTAL DUE VENDOR
PAGE: 15
PREPAID
AMOUNT DATE CHECK
97.41 02/17/2005 63779
97.41
.00
97.41
15635
AF05-00121 FACILITY
RENTAL -JAN 05
360.00
02/17/2005
63780
15635
AFO5-00082 FACILITY
RENTAL -DEC 04
360.00
02/17/2005
63780
15635
AF05-00071 FACILITY
RENTAL-NOV 04
200.00
02/17/2005
63780
15635
AF05-00155 FACILITY
RENTAL -JAN 05
200.00
02/17/2005
63780
15635
AF05-00041 FACILITY
RENTAL -OCT 04
1,560.00
02/17/2005
63780
15635
AP05-00022 FACILITY
RENTAL -JAN 05
900.00
02/17/2005
63780
15635
AFOS-00084 FACILITY
RENTAL -DEC 04
380.00
02/17/2005
63780
15635
AF05-00085 FACILITY
RENTAL-JUL-DEC04
5,600.00
02/17/2005
63780
15635
AFD5-0083 FACILITY
RENTAL -DEC 04
100.00
02/17/2005
63780
TOTAL PREPAID CHECK(S)
9,660.00
TOTAL UNPAID CHECK(S)
.00
TOTAL DUE VENDOR
9,660.00
WATER SVCS -DIST 39
817.67
02/17/2005
63781
WATER SVCS -DIST 38
3,396.36
02/17/2005
63781
WATER SVCS -DIST 41
1,285.55
02/17/2005
63781
WATER SVCS -PARKS
2,070.25
02/17/2005
63781
TOTAL PREPAID CHECK(S)
7,569.83
TOTAL UNPAID CHECK(S)
.00
TOTAL DUE VENDOR
7,569.83
MTG-SHERIFF STATION
200.00
02/24/2005
63844
TOTAL PREPAID CHECK(S)
200.00
TOTAL UNPAID CHECK(S)
.00
TOTAL DUE VENDOR
200.00
67875187 SUPPLIES
-DBC
281.57
02/17/2005
63782
TOTAL PREPAID CHECK(S)
281.57
TOTAL UNPAID CHECK(S)
.00
TOTAL DUE VENDOR
281.57
CCCA MTG-COUNCIL
151.20
02/24/2005
63845
TOTAL PREPAID CHECK(S)
151.20
TOTAL UNPAID CHECK(S)
.00
TOTAL DUE VENDOR
151.20
CITY OF DIAMOND BAR
RUN DATE: 02/24/2005 15:06:14
CHECK REGISTER
PAGE:
16
DUE THRU: 02/24/2005
PREPAID
FUND/SECT-ACCT-PROJECT-ACCT
PO #
INVOICE DESCRIPTION
AMOUNT
DATE CHECK
WELLS FARGO CARD SERVICES
0014090-41400--
SUPPLIES -GENERAL
34.99
02/17/2005
63783
0015350-41200--
SUPPLIES-REC
42.95
02/17/2005
63783
0015510-41200--
SUPPLIES -PUBLIC WORKS
264.94
02/17/2005
63783
0014060-42325--
MTG SUPPLIES-H/R
55.82
02/17/2005
63783
0015554-41250--
SUPPLIES -ROAD MAINT
431.43
02/17/2005
63783
0014090-46200--
OFFICE EQ -GENERAL
134.98
02/17/2005
63783
0014060-41400--
SUPPLIES-H/R
54.44
02/17/2005
63783
0014090-42325--
MTG SUPPLIES -GENERAL
48.01
02/17/2005
63783
0014060-42325--
MTG SUPPLIES-H/R
76.68
02/17/2005
63783
TOTAL PREPAID CHECK(S)
1,144.44
TOTAL UNPAID CHECK(S)
.00
TCTAL DUE VENDOR
1,144.44
WEST COAST ARBORISTS INC
0015558-45509--
15933
35481 PLANTING SVCS -JAN 05
559.20
02/24/2005
63846
0015558-45509--
15933
35674 PLANTING SVCS -JAN 05
372.80
02/24/2005
63846
0015558-45509--
15933
35480 CITY-WIDE MAINT-JAN 05
2,600.38
02/24/2005
63846
TOTAL PREPAID CHECK(S)
3,532.38
TOTAL UNPAID CHECK(S)
.00
TOTAL DUE VENDOR
3,532.38
SARA WEST
0015350-44100--
PER DIEM -CPRS CONF
261.00
02/17/2005
63784
TOTAL PREPAID CHECK(S)
261.00
TOTAL UNPAID CHECK(S)
.00
TOTAL DUE VENDOR
261.00
RYAN WRIGHT
0015350-44100--
PER DIEM -CPRS CONF
261.00
02/17/2005
63785
TOTAL PREPAID CHECK(S)
261.00
TOTAL UNPAID CHECK(S)
.00
TOTAL DUE VENDOR
261.00
PAUL WRIGHT
0014090-44000--
15656
2/17/05 A/V SVCS-P/C,CNCL MTG
192.50
02/24/2005
63847
0014090-44000--
15656
A/V SVCS-CCNL,P/C
175.00
02/24/2005
64126
TOTAL PREPAID CHECKS)
367.50
TOTAL UNPAID CHECK(S)
.00
TOTAL DUE VENDOR
367.50
XEROX CORPORATION
0014090-42100--
15796
7895321 COPIER MAINT-JAN 05
459.58
02/24/2005
63848
0014090-42100--
15796
7895311 COPIER MAINT-JAN 05
459.68
02/24/2005
63848
TOTAL PREPAID CHECK(S)
919.36
TOTAL UNPAID CHECK(S)
.00
TOTAL DUE VENDOR
919.36
FLORA YEE
001-34760--
16901 - RECREATION REFUND
174.00
02/17/2005
63786
TOTAL PREPAID CHECK(S)
174.00
TOTAL UNPAID CHECK(S)
.00
TOTAL DUE VENDOR
174.00
RUN DATE: 02/24/2005 15:06:14
FUND/SECT-ACCT-PROSECT-ACCT
YOSEMITE WATERS
0015310 -42130 --
CITY OF DIAMOND BAR
CHECK REGISTER
DUE THRU: 02/24/2005
PO # INVOICE DESCRIPTION
15634 JAN00191998 EQUIP RENTAL -JAN 05
TOTAL PREPAID CHECK(S)
TOTAL UNPAID CHECK(S).
TOTAL DUE VENDOR
REPORT TOTAL PREPAID CHECKS
REPORT TOTAL UNPAID CHECKS
REPORT TOTAL
PAGE: 17
PREPAID
AMOUNT DATE CHECK
12.00 02/17/2005 63787
12.00
.00
12.00
784,150.29
.00
784,7.50.29
CITY COUNCIL
`-I�cxxrcrx���vi
,Y
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager *U46
TITLE: Treasurer's Statement — January, 2005
RECOMMENDATION:
Approve the January 2005, Treasurer's Statement.
FINANCIAL IMPACT:
No Fiscal Impact
BACKGROUND:
Agenda # 6, 4
Meeting Date: Mar. 1, 2005
AGENDA REPORT
Per City policy, the Finance Department presents the monthly Treasurer's Statement for the City
Council's review and approval. This statement shows the preliminary 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, Senior Accountant
DepartmW Head
Attachments:
Treasurer's Statement
Deputy City Manager
CITY OF DIAMOND BAR
TREASURER'S MONTHLY CASH STATEMENT
January 31, 2005
B:GINNING TRighfSFERS ENDING:
BALANCE RECEIPTS:DISBURSEMENTS: TH.fiOUT) BALANCE
GENERAL FUND
$22,541,868.24
$3,073,464.94
$1,248,272.27
($776,358.59)
$23,590,702.32
LIBRARY SERVICES FUND
0.00
10,681.62
CHANGE FUND
0.00
COMMUNITY ORG SUPPORT FD
(5,206.74)
500.00
TOTAL DEMAND DEPOSITS
(5,206.74)
GAS TAX FUND
833,712.53
93,591.88
LOCAL AGENCY INVESTMENT FD
927,304.41
TRANSIT TX (PROP A) FD
1,305,254.22
120,544.67
122,146.50
US TREASURY Money Market Account
1,303,652.39
TRANSIT TX (PROP C) FD
933,224.11
53,469.28
(88,914.62)
897,778.77
ISTEA Fund
0.00
532,227.85
TOTAL CASH
0.00
INTEGRATED WASTE MGT FD
537,500.30
46,568.30
23,923.73
560,144.87
AB2928-TR CONGESTION RELIEF FD
0.00
0.00
AIR QUALITY IMPRVMNT FD
172,266.12
917.76
911.27
172,272.61
PARK & FACILITIES DEVEL. FD
1,881,039.43
9,028.05
1,890,067.48
COM DEV BLOCK GRANT FD
(78,622.99)
96,829.00
11,339.97
6,866.04
CITIZENS OPT -PUBLIC SAFETY FD
315,151.24
1,452.70
1,904.94
314,699.00
NARCOTICS ASSET SEIZURE FD
314,314.22
1,508.55
315,822.77
CA LAW ENFORCEMENT EQUIP PRG
71,135.79
341.39
71,477.18
LANDSCAPE DIST #38 FD
476,282.84
28,439.30
24,838.69
(24,162.80)
455,720.65
LANDSCAPE DIST #39 FD
261,417.16
17,467.81
11,659.12
267,225.85
LANDSCAPE DIST #41 FD
377,225.16
13,866.77
8,722.43
382,369.50
GRAND AV CONST FUND
111,579.53
111,579.53
CAP IMPROVEMENT PRJ FD
(1,473,764.07)
17,007.81
889,436.01
(601,335.87)
SELF INSURANCE FUND
1,318,192.28
7,777.84
6,326.00
1,319,644.12
EQUIPMENT REPLACEMENT FUND
194,996.31
935.88
195,932.19
COMPUTER REPLACEMENT FUND
(4,061.55)
(4,061.55)
PUBLIC FINANCING AUTHORITY FUN
550,888 ' 73
1,390.73
20,051.61
532,227.85
TOTALS
$30,634,392.86
$3,567,594.85
$1,497,104.34
$0.00
$32,704,883.37
SUMMARY OF CASH:
DEMAND DEPOSITS:
GENERAL ACCOUNT
$103,225.44
PAYROLL ACCOUNT
10,681.62
CHANGE FUND
250.00
PETTY CASH ACCOUNT
500.00
TOTAL DEMAND DEPOSITS
$114,657.06
INVESTMENTS:
US TREASURY Money Market Acct.
$120,353.85
LOCAL AGENCY INVESTMENT FD
31,937,644.61
32,057,998.46
CASH WITH FISCAL AGENT:
US TREASURY Money Market Account
$382,145.29
LOCAL AGENCY INVESTMENT FD
150,082.56
(Bond Proceeds Account)
532,227.85
TOTAL CASH
$32,704,883.37
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 - January 2005
Wells Fargo Money Mkt -Effective Yield - January 2005
Union Bank Money Mkt - Effective Yield - January 2005
2.264%
1.529%
2.150%
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. Lowry, Treasurer
CITY COUNCIL
Agenda # 6.5
Meeting Date: March 1, 2005
AGENDA REPORT
To: Honorable Mayor and Members of the City Council
Via: Linda C. Lowry, City Manager"
Title: Resolution Requesting the Los Ange es County Board of Supervisors to
Undertake a Fair and Non -Arbitrary Audit of the Sheriffs Costs Charged to the
Taxpayers of the Contract Cities
RECOMMENDATION: That the City Council approve the resolution and direct staff to
circulate the resolution to the entire Board of Supervisors (BOS).
FINANCIAL IMPACT: There is no fiscal impact to this proposed action; however, the audit
currently underway may lead the BOS to increase future charges to the contract cities for
Sheriff services.
BACKGROUND: The BOS has directed the County Auditor to gather additional information
to valid his claim that the Sheriff does not bill contract cities for $243 million of service
search year. To this end the Auditor has begun a multi -phased audit routine reviewing
selected components of the Sheriffs operation which are not included in the costs billed out
to his contract client cities.
DISCUSSION: Contract Cities (CCCA) representatives have been working as closely as
possible with the County Auditor as he reports his on-going audit findings to the BOS. He
has reviewed specific portions of the Sheriff operations which have not been included in the
formula historically used to calculate the annual billing rates to contract cities, operations
which he believes should be charged to the cities. It is the position of CCCA, unanimously
adopted at the CCCA meeting of February 15, 2005, that the BOS should conduct an
impartial and complete, systematic, unrushed review of the billing practices, after which,
County -wide public safety matters should be publicly discussed in connection with any
considerations of changing the billing practices.
Changing the billing structure is intended to bring more revenue to the County at the
expense of the cities. Contract cities will be effected first, then independent cities during the
next phase of the audit. The economic reality that many client cities will not be able to pay
additional dollars and will only reduce the amount of service purchased will result in a lower
level of law enforcement within the County.
Attachment: Resolution
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR
REQUESTING THE LOS ANGELES COUNTY
BOARD OF SUPERVISORS
TO UNDERTAKE A FAIR AND NON -ARBITRARY AUDIT
OF SHERIFF'S COSTS CHARGED TO THE TAXPAYERS
OF THE CONTRACT CITIES
WHEREAS, the contract cities of Los Angeles County provide significant support
to the Los Angeles County Sheriff's Department through the reimbursement of
additional costs incurred by the Sheriff in providing extra services to the residents of
contract cities; and
WHEREAS, the County, through the Board of Supervisors, has established a
policy concerning which of the Sheriff's services will be provided on a county -wide basis
and thus are not legally chargeable to the contract cities and has implemented a cost
model designed to determine the amount of the costs appropriately charged to the
contract cities; and
WHEREAS, the provision of specified public safety services on a county -wide
basis for both contract and independent cities promotes a coordinated and seamless
approach to public safety; and
WHEREAS, the importance of interjursidictional cooperation has been
highlighted since the September 11, 2001 attacks; and
WHEREAS, should the Board adopt the Auditor -Controller's recommendations
which could lead to a reduction in current county -wide public safety services;
WHEREAS, any such reduction in county -wide public safety services should be
subject to careful and deliberative debate and consideration and not considered hastily;
and
WHEREAS, the Auditor -Controller of the County of Los Angeles has for decades
annually reviewed those rates that are properly charged to the contract cities; and
WHEREAS, the Auditor -Controller has not undertaken a complete audit of all
areas of Sheriff's costs but rather has confined his audit to those areas which he
considered most likely to result in increases in charges to contract cities in accordance
with his predetermined goal; and
WHEREAS, the Auditor -Controller has undertaken to date only a partial review of
Sheriff's Department costs and the various interim reports show numerous revisions
and changes in approach; and
2
WHEREAS, the Auditor -Controller's approach to date has provided the
appearance of bias and has resulted in a loss of confidence in the process by many
contract cities and their residents; and
WHEREAS, the Auditor -Controller is rushing its selective audit in order to attempt
to propose changes for the 2005-2006 fiscal year, we believe a complete and careful
review including areas where contract cities have been potentially overcharged for
Sheriff's services, should at least require 18-24 months; and
WHEREAS, after the Auditor -Controller completes his present work, fairness
dictates that the contract cities be provided a reasonable opportunity to review and
comment on that work, but if the audit is only partial and if the contract cities do not
have a reasonable opportunity to review and verify the findings and recommendations
of the Auditor -Controller study, those results will be contested through litigation if they
result in questionable cost allocations, thereby increasing County and municipal legal
expenses at a time when revenues are strained for all local governments; and
WHEREAS, contract cities earnestly seek to prevent city -county conflict over
Sheriff cost allocations through negotiation; and
WHEREAS, the contract cities fully support the annual review of contract cost
under existing policies but are opposed to a drastic change in current procedures,
methodology and policy; and
WHEREAS, the current partial audit results (not including any changes in the
cost of county -wide services), combined with other potential increases in Sheriff
department costs which are properly billable to contract cities, may result in a double
digit percentage increase; and
WHEREAS, a significant increase in the cost of Sheriff services due to an
incomplete and rushed audit and/or a change in underlying County policy regarding the
scope of county -wide services will result in cities either contracting with other police
agencies or reducing their contract level of services with the Sheriff; and
WHEREAS, a reduction in public safety services provided to the residents of
contract cities by the Sheriff will result in a corresponding reduction in revenue to the
County with the result being a probable decrease in total revenue to the County and a
reduction in public safety services to the citizens of the County; and
NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby
request that the Los Angeles County Board of Supervisors direct the Auditor -Controller
to undertake a complete and thorough review, not a partial, selective and rushed audit
of all aspects of costs and expenses relating to the Sheriff's delivery of services to
contract cities, including areas of potential current overcharging, and also address the
unintended consequences of reduced public safety services to all of Los Angeles
County residents with due deliberation and consultation with all affected parties and
including time for the affected parties to review and verify such conclusions, as your
Board directed in May of 2004.
3
ADOPTED AND APPROVED THIS DAY OF FEBRUARY, 2005.
Mayor Wen Chang
ATTEST:
City Clerk Linda Lowry
CITY COUNCIL
Agenda # 6.6
Meeting Date: March 1, 2005
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manage
TITLE: Adoption of Ordinance 3 (2005) establishing a personnel system and rescinding
Ordinance No. 21 (1989) in its entirety
RECOMMENDATION: It is recommended that the City Council approve for second reading by title
only, waive full reading, and adopt Ordinance No. 3 (2005).
FINANCIAL IMPACT: None.
BACKGROUND: Ordinance No. 3 (2005) was introduced at the City Council meeting of February 15,
2005.
DISCUSSION: Ordinance No. 3 delineates the processes and procedures for administering the
personnel system and the adoption and amendments to the Personnel Rules and Regulations. It also
includes a non discrimination provision, in compliance with state and federal law.
PREPARED BY:
KiA Crews"
Senior Management Analyst
ORDINANCE NO. 3 (2005)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
ESTABLISHING A PERSONNEL SYSTEM
The City Council of the City of Diamond Bar does ordain as follows:
Section 1. Rescind Ordinance No. 21 (1989) in its entirety.
Section 2. Sections 2.20.010 through 2.20.070 of Chapter 2, Administration and Personnel
shall read as follows:
Sec. 2.20.010. Adoption of System.
In order to establish an equitable and uniform system for dealing with personnel matters; to
attract to municipal service the best and most competent persons available; to assure that
appointments and promotions of employees will be based on the merit; the following personnel
system is adopted.
Sec. 2.20.020. Definitions.
The terms used to administer the personnel system shall be defined in the personnel rules and
regulations.
Sec. 2.20.030. Administration.
The City Manager shall administer the city personnel system and may delegate any or all of
the powers and duties of such administration to any other officer or employee of the city or
may recommend that such powers and duties be performed under contract as provided in
section 2.20.060. The City Manager shall:
(1) Act as the appointing authority for the city;
(2) Administer all the provisions of this chapter and of the personnel rules and regulations not
specifically reserved to the City Council;
(3) Prepare or cause to be prepared personnel rules and regulations and revisions. The City
Attorney shall approve the legality of such rules and regulations prior to submission to the
City Council for approval;
(4) Recommend to the City Council personnel policy issues involving financial commitments
such as, but not limited to, pay rates, authorization of positions and employee benefit
programs;
(5) Prepare or cause to be prepared a position classification plan, including class
specifications, and revisions of the plan;
(6) Prepare or cause to be prepared a plan of compensation, and revisions of such plan,
covering all classification titles for authorized city positions. The plan and any revisions of
the plan shall become effective upon approval of the City Council;
(7) Have the authority to discipline employees in accordance with this chapter and the
personnel rules and regulations of the city;
(8) Have the authority to terminate the employment relationship of an employee employed at -
will without cause or right to appeal, at any time;
(9) Provide for the recruitment and selection of city employees based upon open or
promotional recruitments and;
(10) Perform any other duty that may be required to administer the personnel system.
Sec. 2.20.040. Competitive service.
The provisions of this chapter shall apply to all offices, positions, and employments in the
service of the city, except:
(1) Elective officers;
(2) The City Manager and any assistants or deputies to the City Manager;
(3) The City Attorney and any assistants or deputies of the City Attorney;
(4) Members of appointive boards, commissions, and committees;
(5) Department heads and other management positions so designated by the City Manager;
(6) Persons engaged under contract to supply expert, professional, technical or any other
services for a definite period of time;
(7) Volunteer personnel, who receive no regular compensation from the city;
(8) All council -appointed city officers;
(9) Emergency employees who are hired to meet the immediate requirements of an
emergency condition, such as extraordinary fire, flood, or earthquake which threatens life
or property;
(10) Employees hired for an indefinite term into a budgeted position to work less than 1,040
hours per year;
(11) Seasonal part time employees are employees who work on a seasonal or partial year
basis, but not more than 1,000 hours per fiscal year;
(12) Intermittent part time employees are employees who work an average of 19'/ hours or
less and no more than 1,000 hours per fiscal year;
(13) Part time employees working 20 hours or more per week, hired after February 15, 2005.
(14) Any new position created by the City Council, unless declared by the City Council to be in
the competitive service at the time of creation or thereafter.
(15) Employees not included in the competitive service under this section shall serve at the will
of their appointing authority and either the employee or city may terminate the
employment relationship without cause or right to appeal, at any time.
Sec. 2.20.050. Adoption and Amendment of Rules and Regulations.
Personnel rules and regulations shall be adopted by resolution of the City Council. These
rules and regulations shall govern the personnel system including, but not limited to:
(1) Preparation, installation, revision, and maintenance of a position classification plan
covering all positions in the competitive service including employment standards and
qualifications for each class;
(2) Preparation, revision, and administration of a plan of compensation directly correlated with
the position classification plan providing a rate or range of pay for each class;
(3) Open and promotional recruitments to fill regular positions;
(4) The making of temporary and emergency appointments;
(5) Establishment of probationary testing periods;
(6) Transfer, promotion, demotion, discipline, and reinstatement of employees;
(7) Evaluation of the job performance of employees;
(8) Separation of employees from the city service;
(9) Content, maintenance, and use of personnel records and forms; and
(10)The establishment of any necessary appeal procedures.
Sec. 2.20.060. Contracts for special service.
The City Manager shall consider and make decisions regarding the extent to which the city
should contract for the performance of technical services in connection with the establishment
or operation of the personnel system. The City Manager and/or City Council may contract with
any qualified person or public or private agency for the performance of all or any of the
responsibilities and duties imposed by this chapter.
Sec. 2.20.070. Discrimination.
No person employed by the City of Diamond Bar or seeking employment with the city, shall be
discriminated against in recruitment, examination, appointment, training, promotion, retention,
discipline, or any other aspect of personnel administration because of race, color, religion,
national origin, ancestry, marital status, sex, age, physical or mental disability, sexual
orientation, political or religious opinions or affiliations, union activities or affiliations, taking of
FMLA or pregnancy disability leave, religious creed, medical condition, or any other
characteristic protected by law.
Section 3. Severability: The City Council declares that, should any provision, section,
paragraph, sentence, or word of this Ordinance be rendered or declared invalid by any final court
action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining
provisions, sections, paragraphs, sentences, and words of this Ordinance shall remain in full force
and effect.
APPROVED AND ADOPTED this day of 12005.
Mayor
I, LINDA C. LOWRY, City Clerk of the City of Diamond Bar, do hereby certify that the
foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Diamond
Bar held on the day of , 2005, and was finally adopted at a regular meeting of
the City Council of the City of Diamond Bar on the day of 2005, by the
following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
ATTEST:
Linda C. Lowry, City Clerk
City of Diamond Bar
CITY COUNCIL
Agenda # 6 , 7
Meeting Date: March 1, 2005
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manage i
TITLE: AMENDMENT NO. 3 TO CONTRACT WITH MCDERMOTT CONSULTING, INC. IN
THE AMOUNT OF $36,000 FOR TRANSPORTATION PLANNING CONSULTING
SERVICES AND APPROPRIATE NECESSARY FUNDS FROM GENERAL FUND
RESERVES
RECOMMENDATION:
Approve.
FISCAL IMPACT:
Approval of the contract amendment and appropriation request will reduce the General Fund
unreserved fund balance and increase FY 2004-2005 General Fund expenditures.
BACKGROUND:
Since June 2003, the City has engaged McDermott Consulting, Inc. to provide transportation -
consulting services to the City. The consultant has provided an assessment of the status and
prospects of the SR 60 / SR 57 Interchange; Tonner Canyon Bypass Road; SCAG's SR 60 Truck
Lane/ Eastern Gateway Corridor Study and related local and regional transportation projects.
McDermott prepared a strategy for achieving Diamond Bar's regional transportation goals, which was
presented to the City Council in February 2004.
The Consultant will assist the City in continuing to implement all elements of the City transportation
infrastructure strategy. The Consultant activities include assisting the City with intergovernmental
relations at the regional, state and Federal levels; development of a funding strategy; research; and
the creation of all collateral materials (such as position papers, etc.) required for implementation.
The Consultant shall also assist the City with the following tasks:
Assisting the City in relations with the MTA, specifically implementation and oversight of the
MTA's proposed preliminary study of options for improving the 57/60 Interchange.
2. Assisting in the formation of the Joint COGs Task Force on Goods Movement with the aim of
addressing and mitigating impacts created by regional goods movements.
3. Assisting the City in developing a "white paper" and video presentation describing the local and
regional significance of the 57/60 Interchange and for use in educating local and regional
audiences about the need for improving the Interchange.
4. Assisting the City in developing a regional transportation advocacy role for the Four Corners
Coalition.
5. Assisting the City in monitoring the activities of SCAG that may affect the City.
City Council approval authorize the City Manager to execute a $36,000 contract amendment to
continue consulting services with McDermott. The contract amendment will increase the total
contract amount with this consultant to $114,500.
fW,
Assistant Citi Manager
Attachment: Terms of Agreement and Work Scope dated February 2, 2005
2
February 2, 2005
Ms. Linda Lowry
City Manager
City of Diamond Bar
21825 E. Copley Drive
Diamond Bar, CA 91765-4178
Re: Terms of Agreement and Work Scope
Dear Linda:
The following sets forth the terms of the Agreement between McDermott Consulting
Inc. ("Consultant") and the City of Diamond Bar with regard to McDermott and its
subcontractor, Aldaron, Inc., providing consulting services on behalf of the City.
Term: Consultant is retained for a period commencing January 1, 2005 and ending
June 30, 2005. This Agreement may be terminated by either party upon thirty days
written notice. All unpaid fees and expenses due the Consultant shall be paid on or
before the date of termination. This Agreement may be extended by mutual
agreement of the parties.
Compensation: For Consultant's services during the Term, Consultant shall be paid
$35,000.00 plus an amount for ordinary out-of-pocket expenses incurred during the
period not to exceed a total $1,000.00. Consultant shall invoice the City for the
period from January through April at $7,000.00 per month plus any expenses
incurred during those months. For the months of May and June, the Consultant shall
invoice the City at $3,500.00 per month plus any expenses incurred during those
months. Mileage is billed at the standard IRS rate for travel to and from meetings on
behalf of the City. Travel out of Southern California shall receive prior approval,
verbally or in writing, by the City Manager or her designee.
Scope of Services: Consultant shall assist the City of Diamond Bar in continuing to
implement all elements of the transportation infrastructure plan outlined in the
memorandum "A Strategy for Achieving Diamond Bar's Regional Transportation
Goals." These services shall include assisting the City with intergovernmental
relations at the regional, state and Federal levels; development of a funding strategy;
research; and the creation of all collateral materials (such as position papers, etc.)
required for implementation.
The Consultant shall also assist the City with the following tasks:
FA
1. Assisting the City in relations with the MTA, specifically implementation and
oversight of the MTA's proposed preliminary study of options for improving
the 57/60 Interchange.
2. Assisting in the formation of the Joint COGs Task Force on Goods
Movement with the aim of addressing and mitigating impacts created by
regional goods movements.
3. Assisting the City in developing a "white paper" and video presentation
describing the local and regional significance of the 57/60 Interchange and
for use in educating local and regional audiences about the need for
improving the Interchange.
4. Assisting the City in developing a regional transportation advocacy role for
the Four Corners Coalition.
5. Assisting the City in monitoring the activities of SCAG that may affect the
City.
Independent Contractor: Consultant and its subcontractor shall perform its services
under this Agreement as Independent Contractors. The City of Diamond Bar shall
not have any responsibility under any circumstances for any Employers or Workers
Compensation or any other type of employee benefits for Consultant. Unless
expressly authorized in writing by the City, Consultant and its subcontractor shall
have no power or authority to bind the City of Diamond Bar by any contract or
render it liable for any purpose or in any amount.
Linda, Don and I look forward to working with you on behalf of Diamond Bar!
Thank you.
Sincerely,
James A. McDermott Jr.
McDermott Consulting, Inc.
710 S. Arroyo Blvd.
Pasadena, CA 91105
CC: James DeStefano
Don Camph
CITY COUNCIL
Agenda # 6. 8
Meeting Date: March 1, 2005
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manage
TITLE: AWARD OF DESIGN AND CONSTR TION ADMINISTRATION
SERVICES FOR AREA 1 SLURRY SEAL AND ASPHALT RUBBER
AND AGGREGATE MEMBRANE (ARAM) PROJECT TO NORRIS-
REPKE IN THE AMOUNT OF $47,260.00 AND AUTHORIZE A
CONTINGENCY AMOUNT OF $5,000.00 FOR CHANGE ORDERS TO
BE APPROVED BY THE CITY MANAGER FOR A TOTAL
AUTHORIZATION AMOUNT OF $52,260.00.
RECOMMENDATION:
Award.
FINANCIAL IMPACT:
The FY 2004-2005 Budget allocated a total of $600,000.00 for the Area 1 Slurry Seal
and Asphalt Rubber and Aggregate Membrane (ARAM) Project.
BACKGROUND:
On February 2, 2004, six (6) proposals were received. These proposals were reviewed
and evaluated based on 1) general responsiveness to the City's request for proposal
(RFP), 2) staff and firm qualifications, 3) approach/methodology, 4) hours and level of
effort, 5) ability to meet the City's schedule and expectations, and 6) references. The
following are the six firms that submitted proposals with their proposed fees:
Firm Name
Proposed Fee
Advanced Applied
En ineerin , Inc.
$55,958.00
Bryan A. Stirrat & Associates
$91,464.00
CNC Engineering
$71,520.00
Dewan, Lundin & Associates
$44,819.00
Hall & foreman, Inc.
$108,668.00
Norris -Re ke
$47,260.00*
* Proposed Fee after negotiations
DISCUSSION:
In April of 2004, the City updated its pavement management program for the residential
streets from a five-year program to a seven-year program in an effort to reduce General
Fund expenditures on the City's slurry seal program, and to ensure that the City
receives maximum return on street rehabilitation expenditures. With the change in the
pavement management program from a five-year to a seven-year program, the City's
slurry seal area boundaries were redrawn. The initial centerline mileage of Area 1
under the five-year program was 19.6 miles. The new centerline mileage of Area 1 is
17.6 miles.
In consideration of the six criteria mentioned above, staff concurred that the best firm for
this project is Norris-Repke. Due to the fact that the area boundaries have been
updated since the original RFP went out, we requested an updated proposal from
Norris-Repke. Attached is the firm's scope of services (Attachment "A"), fee schedules
(Attachment "B" and "C"), and Consulting Services Agreement.
The project schedule is tentatively set as follows:
Award of Contract
Notice to Proceed with Design
Approval of Plans and Specifications/
Authorize Advertisement
Bid Opening
Award of Construction Contract of
Notice to Proceed with Construction
Completion of Construction
PREPARED BY:
Kimberly Molina, Assistant Engineer
REVIEWED BY:
DaWG. G. iu, Director of Public Works
Attachments:
Attachment A
Attachment B
Attachment C
Consulting Services Agreement
061
March 1, 2005
March 15, 2005
April 8, 2005
May 4, 2005
May 17, 2005
May 30, 2005
August 1, 2005
Date Prepared: February 26, 2005
JoLdDeStefa o, Assistant City Manager
CONSULTING SERVICES AGREEMENT
THIS AGREEMENT is made as of March 1. 2005 by and between the City of
Diamond Bar, a municipal corporation ("City") and Norris-Repke , ("Consultant").
RECITALS
A. City desires to utilize the services of Crnsultant as an independent contractor
to provide consulting services to City as set forth in Exhibit "0', the City's Request for
Proposals dated January 14, 2004.
B. Consultant represents that it is fully qualified to perform such consulting
services by virtue of its experience and the training, education and expertise of its
principals and employees.
NOW, THEREFORE, in consideration of performance by the parties of the covenants
and conditions herein contained, the parties hereto agree as follows:
1. Consultant's Services.
A. Scope of Services. The nature and scope of the specific services
to be performed by Consultant are as described in Exhibit "A' the Consultant's
Response, dated February 23, 2005 to the City's Request for Proposals.
B. Level of Services/Time of Performance. The level of and time of
the specific services to be performed by Consultart are as set forth in Exhibit "A"
2. Term of Agreement This Contract shall take effect March 1. 2005,
unless earlier terminated pursuant to the provisions herein.
3. Compensation. City agrees to compensate Consultant for each service
which Consultant performs to the satisfaction of City in compliance with the schedule
set forth in Exhibit "B & 9. Payment will be made only after submission of proper
invoices in the form specified by City.
4. General Terms and Conditions. In the event of any inconsistency
between the provisions of this Agreement and Consultant's proposal, the provisions of
this Agreement shall control.
5. Addresses.
City: Linda C. Lowry, City Manager Consultant:
City of Diamond Bar
21825 Copley Drive
Diamond Bar, CA 91765-4178
Kamran Saber, RE
Norris-Repke
400 N. Tustin Ave., Suite 230
Santa Ana, CA 92705
714-973-2230 Ext. 112
714-973-2263 FAX
6. Status as Independent Consultant.
A. Consultant is, and shall at all times remain as to City, a wholly
independent contractor. Consultant shall have no power to incur any debt, obligation, or
liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor
any of its agents shall have control over the conduct of Consultant or any c6
Consultant's employees, except as set forth in this Agreement. Consultant shall not, at
any time, or in any manner, represent that it or any of its agents or employees are in
any manner agents or employees of City.
B. Consultant agrees to pay all required taxes on amounts paid to
Consultant under this Agreement, and to indemnify and hold City harmless from any
and all taxes, assessments, penalties, and interest asserted against City by reason of
the independent contractor relationship created by this Ageement. In the event that
City is audited by any Federal or State agency regarding the independent contractor
status of Consultant and the audit in any way fails to sustain the validity of a wholly
independent contractor relationship between City and Corsultant, then Consultant
agrees to reimburse City for all costs, including accounting and attorney's fees, arising
out of such audit and any appeals relating thereto.
C. Consultant shall fully comply with the workers' compensation law
regarding Consultant and Consultant's employees. Consultant further agrees to
indemnify and hold City harmless from any failure of Consultant to comply with
applicable worker's compensation laws. City shall have the right to offset against the
amount of any fees due to Consultant under this Agreement any amount due to City
from Consultant as a result of Consultant's failure to promptly pay to City any
reimbursement or indemnification arising under this Section 6.
7. Standard of Performance. Consultant shall perform all work at the
standard of care and skill ordinarily exercised by members of the profession under
similar conditions.
8. Indemnification. Consultant agrees to indemnify the City, its officers,
agents, volunteers, employees, and attorneys against, and will holdand save them and
each of them harmless from, and all actions, claims, damages to persons or property,
penalties, obligations, or liabilities that may be asserted or claimed by any person, firm,
entity, corporation, political subdivision or other organizEkion arising out of the acts,
errors or omissions of Consultant, its agents, employees, subcontractors, or invitees,
including each person or entity responsible for the provision of services hereunder.
In the event there is more than one person or entity named in the Agreement as a
Consultant, then all obligations, liabilities, covenants and conditions under this Section 8
shall be joint and several.
9. Insurance. Consultant shall at all times during the term of this Agreement
carry, maintain, and keep in full force and effect, with an insurance company admitted to
do business in California and approved by the City (1) a policy or policies of broadform
comprehensive general liability insurance with minimum limits of $1,000,000.00
combined single limit coverage against any injury, death, loss or damage as a result of
wrongful or negligent acts by Consultant, its officers, employees, agents, and
independent contractors in performance of services under this Agreement; (2) property
damage insurance with a minimum limit of $500,000.00; (3) automotive liability
insurance, with minimum combined single limits coverage of $500,000.00; (4)
professional liability insurance (errors and omissions) to cover or partially cover
damages that may be the result of errors, omissions, or negligent acts of Consultant, in
an amount of not less than $1,000,000 per occurrence; and (5) worker's compensation
insurance with a minimum limit of $500,000.00 or the amount required by law,
whichever is greater. City, its officers, employees, attorneys, and volunteers shall be
named as additional insureds on the policy(ies) as to comprehensive general liability,
property damage, and automotive liability. The policXies) as to comprehensive general
liability, property damage, and automobib liability shall provide that they are primary,
and that any insurance maintained by the City shall be excess insurance only.
A. All insurance policies shall provide that the insurance coverage shall not
be non-renewed, canceled, reduced, or otherwise modified (except through the addition
of additional insureds to the policy) by the insurance carrier without the insurance carrier
giving City thirty (30) day's prior written notice thereof. Consultant agrees that it will not
cancel, reduce or otherwise modify the insurance coverage.
B. All policies of insurance shall cover the obligations of Consultant pursuant
to the terms of this Agreement; shall be issued by an insurance company which is
admitted to do business in the State of California or which is approved in writing by the
City; and shall be placed with a current A.M. Best's rating of no less that A VII.
C. Consultant shall submit to City (1) insurance certificates indicating
compliance with the minimum worker's compensation insurance requirements alcove,
and (2) insurance policy endorsements indicating compliance with all other minimum
insurance requirements above, not less that one (1) day prior to beginning of
performance under this Agreement. Endorsements shall be executed on City's
appropriate standard forms entitled "Additional Insured Endorsement", or a substantially
similar form which the City has agreed in writing to accept.
10. Confidentiality. Consultant in the course of its duties may have access
to confidential data of City, private indviduals, or employees of the City. Consultant
covenants that all data, documents, discussion, or other information developed or
received by Consultant or provided for performance of this Agreement are deemed
confidential and shall not be disclosed by Consultant without written authorization by
City. City shall grant such authorization if disclosure is required by law. All City data
shall be returned to City upon the termination of this Agreement. Consultant's covenant
under this section shall survive the termination of this Agreement. Notwithstanding the
foregoing, to the extent Consultant prepares reports of a proprietary nature specifically
for and in connection with certain projects, the City shall not, except with Consultant's
prior written consent, use the same for other unrelated projects.
11. Ownership of Materials. All materials provided by Consultant in the
performance of this Agreement shall be and remain the property of City without
restriction or limitation upon its use or dissemination byCity.
12. Conflict of Interest.
A. Consultant covenants that it presently has no interest and shall not
acquire any interest, director or indirect, which may be affected by the services to be
performed by Consultant under this Agreement, or which wouldconflict in any manner
with the performance of its services hereunder. Consultant further covenants that, in
performance of this Agreement, no person having any such interest shall be employed
by it. Furthermore, Consultant shall avoid the appearance ofhaving any interest which
would conflict in any manner with the performance of its services pursuant to this
Agreement.
B. Consultant covenants not to give or receive any compensation,
monetary or otherwise, to or from the ultimate vendor(s) of hardwareor software to City
as a result of the performance of this Agreement. Consultant's covenant under this
section shall survive the termination of this Agreement.
13. Termination. Either party may terminate this Agreement with or without
cause upon fifteen (15) days' written notice to the other party. However, Consultant
shall not terminate this Agreement during the provision of services on a particular
project. The effective date of termination shall be upon the date specified in the notice
of termination, or, in the event no date is specified, upon the fifteenth (15th) day
following delivery of the notice. In the event of such termination, City agrees to pay
Consultant for services satisfactorily rendered prior to the effective date of termination.
Immediately upon receiving written notice of termination, Consultant shall discontinue
performing services.
14. Personnel. Consultant represents that it has, or will secure at its own
expense, all personnel required to perform the services under this Agreenent. All of the
services required under this Agreement will be performed by Consultant or under it
supervision, and all personnel engaged in the work shall be qualified to perform such
services. Consultant reserves the right to determine the assignment d its own
employees to the performance of Consultant's services under this Agreement, but City
reserves the right, for good cause, to require Consultant to exclude any employee from
performing services on City's premises.
15. Non -Discrimination and Equal Employment Opportunity.
A. Consultant shall not discriminate as to race, color, creed, religion,
sex, marital status, national origin, ancestry, age, physical or mental handicap, medical
condition, or sexual orientation, in the performance of its service and duties pursuant to
this Agreement, and will comply with all rules and regulations of City relating thereto.
Such nondiscrimination shall include but not be limited to the following: employment,
upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship.
B. Consultant will, in all solicitations or advertisements for employees
placed by or on behalf of Consultant stateeither that it is an equal opportunity employer
or that all qualified applicants will receive consideration for employment without regard
to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical
or mental handicap, medical condition, or sexual orientation.
C. Consultant will cause the foregoing provisions to be inserted in all
subcontracts for any work covered by this Agreement except contracts or subcontracts
for standard commercial supplies or raw materials.
16. Assignment. Consultant shall not assign or transfer any interest in this
Agreement nor the performance of any of Consultant's obligations hereunder, without
the prior written consent of City, and any attempt by Consultant to so assign this
Agreement or any rights, duties, or obligations arising hereunder shall be void and of no
effect.
17. Performance Evaluation. For any contract in effect for twelve months or
longer, a written annual administrative performance evaluation shall be required within
ninety (90) days of the first anniversary of the effective date of this Agreement, and
each year thereafter throughout the term of this Agreement. The work product required
by this Agreement shall be utilized as the basis for review, and any comments or
complaints received by City during the review period, either orally or in writing, shall be
considered. City shall meet with Consultant prior to preparing the written report. If any
noncompliance with the Agreement is found, City may direct Consultant to correct the
inadequacies, or, in the alternative, may terminate this Agreement as provided herein.
18. Compliance with Laws. Consultant shall comply with all applicable laws,
ordinances, codes and regulations of the federal, state, and local governments.
19. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of
any one or more of the conditions of performance under this Agreement shall not be a
waiver of any other condition of performance under this Agreement. In no event shall
the making by City of any payment to Consultant constitute or be construed as a waiver
by City of any breach of covenant, or any default which may then exist on the part of
Consultant, and the making of any such payment by City shall in no way impair or
prejudice any right or remedy available to City with regard to such breach or default.
20. Attorney's Fees. In the event that either party to this Agreement shall
commence any legal or equitable action or proceeding to enforce or interpret the
provisions of this Agreement, fie prevailing party in such action or proceeding shall be
entitled to recover its costs of suit, including reasonable attorney's fees and costs,
including costs of expert witnesses and consultants.
21. Notices. Any notices, bills, invoices, or reports required by this
Agreement shall be deemed received on (a) the day of delivery if delivered by hand
during regular business hours or by facsimile before or during regular business hours;
or (b) on the third business day following deposit in the United State mail, postage
prepaid, to the addresses heretofore set forth in the Agreement, or to such other
addresses as the parties may, from time to time, designate in writing pursuant to the
provisions of this section.
22. Governing Law. This Contract shall be interpreted, construed and
enforced in accordance with the laws of the State of California.
23. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed to be the original, and all of which together
shall constitute one and the same instrument.
24. Entire Agreement. This Agreement, and any other documents
incorporated herein by specific reference, represent the entire and integrated
agreement between Consultant and City. This Agreement supersedes all prior oral or
written negotiations, representations or agreements. This Agreement may not be
amended, nor any provision or breach hereof waived, except in a writing signed by the
parties which expressly refers to this Agreement. Amendments on behalf of theCity will
only be valid if signed by the City Manager or the Mayor and attested by the City Clerk.
25. Exhibits. All exhibits referred to in this Agreement are incorporated
herein by this reference.
IN WITNESS WHEREOF, the parties have executed this Ageement as of
the date first written above.
"City"
ATTEST: CITY OF DIAMOND BAR
By: By:
Lynda C. Lowry, City Clerk
Approved as to form:
By:
City Attorney
"CONSULTANT"
Its:
Wen Chang, Mayor
Feb 20 05 08:45a (:lt`J' of o amond Bar
Agenda No. 6.8
909-396-7486 P•7
21. Notices Any nmices, bills, invoices, or reports required by this
Agreement shall be _eemed received on (a) the day of delivery if delivered by hand
during regular business hours or )y facsimile before or during regular business hours,
or (b) on the third business day following deposit in the United States mail, postage
prepaid, to the addr=!sses heretofore set forth in the Agreement, or to such other
addresses as the paries may, fri,m time to time, designate in writing pursuant to the
provisions of this sect on -
22. Governing Law. This Contract shall be interpreted, construed and
enforced in accordance with the la vs of the State of California.
23. Counterparts. This, Agreement may be executed in any number of
counterparts, each of which shall b-3 deemed to be the original, and all of which together
shall constitute one and the same i istrument.
24. Entire Agreement. This Agreement, and any other documents
incorporated herein by specific reference, represent the entire and integrated
agreement between Consultant ani City. This Agreement supersedes all prior oral or
written negotiations, t i:presentaticns or agreements. This Agreement may not be
amended, nor any provision or breech hereof waived, except in a writing signed by the
parties which expressl\1 refers to th 3 Agreement. Amendments on behalf of the City will
only he valid if signed by the City M 3nager or the Mayor and attested by the City Clerk.
25. Exhibits. All exhibits referred to in this Agreement are indorporatcd
herein by this reference.
IN WITNESS WHEREOF, the parties have executed this Agreement as of
the date first written ab:ve.
"City"
ATTEST
By:
Lynda C. Lowry, Citi Clerk
Approved as to form:
By: — —
City Attorney
"CONSULTANT" /
By:
Its: t s
CITY OF DIAMOND BAR
-31
Wen Chang, Mayor
`•3Nd3d SIU90N :A8 Was
CITY COUNCIL
Agenda # 6.9
Meeting Date: March 1, 2005
AGENDA REPORT
TO: Honorable Mayor and Members of City Council
VIA: Linda C. Lowry, City Manager y�
TITLE: Resolution No. 2005 -XX ratifying an Emergency Declaration issued
by the City Manager on February 22, 2005 declaring a Local
Emergency
RECOMMENDATION:
Approve.
FINANCIAL IMPACT:
Adoption of the Resolution may assist the City and private property owners in securing
State and/ or Federal funds, if any become available, to offset the repair costs for the
damage caused by the February storms.
BACKGROUND:
Beginning February 12, 2005 conditions perilous to the safety of persons and property
have arisen as a result of the February Winter Storms in the City. These conditions,
which worsened during the ten (10) days thereafter, necessitated the proclamation of
the existence of a local emergency throughout the City.
On Saturday, February 19, 2005 the City experienced flooding and several landslides
effecting both public and private properties. Several hillsides, located on private
property, failed after being saturated by a series of torrential rains. In addition,
residential properties experienced significant flooding. Fortunately, there were no
injuries resulting from the landslide and only one property owner was displaced from
their home. The home did not experience structural damage but the threat of additional
flooding required the residents to be evacuated. Five properties located on Minnequa
Drive and Sunset Crossing Road already damaged as a result of the January storm
experienced additional damage as a result of the February storms.
In addition to the damage to private property, City streets and storm drain facilities were
significantly challenged by the torrential rains. Sycamore Canyon Park has damage
which may result in significant repair costs.
On February 22, 2005 the attached Emergency Declaration proclaiming a local
emergency was issued by the City Manager. Subsequently the City Manager issued
the attached Emergency Order 2005-02 authorizing the Building Official and Public
Works Director to enter and inspect private property for the purpose of abating
hazardous conditions.
The City Manager is empowered, through Municipal Code Section 8.00.050, to declare
a local emergency if the safety of lives or property is threatened. The Emergency
Declaration is a necessary requirement for requesting Federal or State funds, if any
become available.
DISCUSSION:
The Municipal Code requires the City Council to ratify the proclamation act within (7)
days from issuance. Therefore, the City Council should approve Resolution No. 2005 -
XX ratifying the emergency declaration issued on February 22, 2005.
Following approval, City staff will forward the resolution and associated documents to
the appropriate County, State and Federal agencies.
PREPARED BY:
James DeS fano
Assistant City Manager
Attachment
1. Resolution No. 2005 -XX ratifying Emergency Declaration 2005-02 declaring a
local emergency.
2. Emergency Declaration issued by City Manager
3. Emergency Order 2005-02
2
RESOLUTION NO. 2005-
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DIAMOND BAR RATIFYING
EMERGENCY DECLARATION 2005-02
DECLARING THE EXISTENCE OF A LOCAL
EMERGENCY
WHEREAS, beginning February 12, 2005 conditions perilous to the safety of persons
and property existed as a result of the February Winter Storms throughout the City.
These conditions, which deteriorated during the ten (10) days thereafter, necessitated
the proclamation of the existence of a local emergency throughout the City.
WHEREAS, on Saturday, February 19, 2005 the City experienced flooding and several
landslides effecting both public and private properties. Several hillsides, located on
private property, failed after being saturated by a series of torrential rains. In addition,
several residential properties experienced significant flooding. One property owner was
displaced from their home.
WHEREAS, five (5) properties located on Minnequa Drive and Sunset Crossing Road
already damaged as a result of the January storms experienced additional damage as a
result of the February storms.
WHEREAS, the conditions were found to be beyond the control of local resources and
warranted the proclamation of the existence of a local emergency; and
WHEREAS, the City Manager, on Tuesday, February 22, 2005, issued a declaration
proclaiming a local emergency, and
WHEREAS, the Diamond Bar Municipal Code, Section 8.00.050 requires the City
Council to ratify the proclamation within seven (7) days from issuance.
NOW, THEREFORE, IT IS HEREBY PROCLAIMED AND ORDERED AS FOLLOWS:
SECTION 1. The City Council does hereby find that the aforesaid conditions of extreme
peril did warrant and necessitate the proclamation to the existence of a local
emergency; and
SECTION 2. The said local emergency shall be deemed to continue to exist throughout
the City, until the threat is alleviated.
SECTION 3. This declaration of emergency shall be reviewed at every regular City
Council meeting until the need for continuing the local emergency is terminated.
SECTION 4. The City Clerk shall certify the adoption of this resolution.
PASSED, APPROVED AND ADOPTED this 1st day, of March, 2005.
Wen P. Chang, Mayor
I, LINDA C. LOWRY, City Clerk of the City of Diamond Bar do hereby certify that
the foregoing Resolution was passed, approved and adopted at the regular meeting of
the City Council of the City of Diamond Bar held on 1 st day of March, 2005 by the
following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
Linda C. Lowry, City Clerk
2
Agenda # 6. 10
Meeting Date: March 1, 2005
CITY COUNCIL AGENDA REPORT
89 /
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager/
TITLE: Amendments to State Office of Emergency Services Form No. 130
Entitled "Designation of Applicants Agent Resolution."
RECOMMENDATION:
Approve.
BACKGROUND:
State OES requires a "Designation of Applicant's Agent" (their Form No. 130) to be on
file in their office in order for the City to obtain federal financial assistance, if available.
In discussion with State OES on Monday February 28, 2005 we have learned that they
have an old 1998, outdated, designation form with improper information on file. The
City must file the new form with current information to be sure the appropriate persons
are authorized to file and receive information for the City. After consultation with State
OES we have filled out a new form with the proper contact information. City Council
approval of the amended information is required by the State. Adoption of the
Resolution may assist the City in securing State and/ or Federal funds, _if any become
available, to offset the repair costs for the damage caused by the recent storms.
Following approval, City staff will forward the documents to State OES.
PREPARED BY:
James DeStefano
Assistant City Manager
Attachment
VOLUNTARY REQUEST ADDRESS THEC COUNCIL
TO: CITY CLERK
FROM:,"1/ ¢
DATE:
ADDRESS: cls i a ,
PHONE: �)
ORGANIZATION:
AGENDA #/SUBJECT:
V
J
F u n
I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my
name and address as written above.
TO:
FROM:
ADDRESS:
ORGANIZATION:
AGENDA #/SUBJECT:
r,
Signature
CIITY CLERK
— .,
DATE: -�
PHONE: `r./ W
I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my
name and address as written above,
xx f y
Sinnati inn
>� M CYIIp11N _
OFFICE OF
EMERGENCY SERVICES
P.A. No.: 037-19192
DESIGNATION OF
APPLICANT'S AGENT RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
(Governing Body) (Name of Applicant)
THAT CITY MANAGER , OR
(Title of Authorized Agent)
ASSISTANT CITY MANAGER OR
(Title of Authorized Agent)
(Title of Authorized Agent)
is hereby authorized to execute for and in behalf of the CITY OF DIAMOND BAR , a public entity
established under the laws of the State of California, this application and to file it in the Office of Emergency Services for the
purpose of obtaining certain federal financial assistance under P.L. 93-288 as amended by the Robert T. Stafford Disaster Relief
and Emergency Assistance Act of 1988, and/or state financial assistance under the California Disaster Assistance Act.
THAT the CITY OF DIAMOND BAR , a public entity established under the laws of the State of California, hereby
authorizes its agent(s) to provide to the State Office of Emergency Services for all matters pertaining to such state disaster
assistance the assurances and agreements required.
Passed and approved this 1st day of MARCH 20oci_
WEN CHANG, MAYOR
(Name and Title)
(Name and Title)
(Name and Title)
CERTIFICATION
I. LINDA C. LOWRY duly appointed and CITY MANAGER/CITY CLERK of
( Name) (Title)
CITY OF DIAMOND BAR do herebv certify that the above is a true and correct copy of a
resolution passed and approved by the CITY COUNCIL
1st MARCH
(Governing 0body)
day of , �0_
Date: MARCH 1, 2005
OES Forth 130 (11-02) DAD Form
ofthe CITY OF DIAMOND BAR on the
CITY MANAGER
(Official Position)
(Signature)
(Name of Applicant)
. '� 4ianCaNery
OFFICE of
EMERGENCY SERVICES
P.A. No.: 037—I9 I92
DESIGNATION OF
APPLICANT'S AGENT RESOLUTION
BE1TRESOLVEDBYTHE CITY COUNCIL OFT14E CITY OF DIAMOND BAR
iuoverningBody) i Nameot'Aponcariv
THAT
CITY MikNAGER
( Title of Authorized agent)
. OR
_ ASSISTANT CITY MANAGER , OR
ITitle of Authorized .Agent)
_ DIRECTOR OF PUBLIC WORKS
(Title of Authorized Agenn
s hereby authorized to execute for and in behalf of the CITY OF DIA`IOND BAR , a public entity
established under the laws of the State of California, this application and to file it in the Office of Emergency Services for the
purpose ofobtaining certain federal financial assistance under P.L. 93-288 as amended by the Robert I'. Stafford Disaster Relief
and Iwmerner.cv Assisiance Act of 1988, andior state financial assistance under the California Disaster Assistance Act.
TI IAT the CITY OF D? �tCND BAR a public entity established under the laws of the State of California. hereby
authorizes o. agents) to provide to the State Office of Emergency Services for all matters pertaining to such state disaster
assistance the assurances and agreements required.
Passed and approved this ___Is t: day of yIARCH 20(5
WEN CHANG, MAYOR
iName and Title)
( Name and Title)
(dame and Title)
CERTIFICATION
1. L :NDA C. LOC,RY duly appointed and CITY MANAGER /CITY CLERIC of
( Name 1 (Title)
yr rTv OF DIAMOND BAR do hereby certify that the above is a true and correct copy of a
resolution passed and approved by the CITY COUNCIL_ of the CITY OF DIAMOND BAR on the
(Governmgbody ( IName ofApplicant)
est_ day of MARCH 20 05
Date: MARCH L, 2005
CITY MANAGER
✓ (Official Pos00
17)
(Signature)
. _S �0—'30 �1!,021')AO Forth
Wen P. Cham
11: ("
Deborah H. O'Connor
1-hvor;,:.o
C irol Herrera
Bob 7-irbes
i
•r:�i 11
March 2, 2005
218 2.3 Copley Drive • Diamond Bar, CA 91765-4178
(909)839-7000 • Fax (909) fab 1-:, M 1"
wtivw.Ci tyui Diamoedliar.co m
State of California
Governor's Office of Emergency Services
Grants Payment Unit
P,O, Box 419023
Rancho Cordova, CA 9574 11-9023
Attention: Carol Walker
Via f=acsimile and
First Class Mail
Facsimile No. {916) 845-8134
Sub;ect: State EOS Form 130 - Designation of Applicant's Agent
Resolution for the City of Diamond Bar - ID No. 037-19192
Dear Ms. Walker:
In accordance with our telephone conversation on February 28, 2005,
attached please find an original signed Form 130. The Diamond Bar City
Council approved the Resolution at their regular meeting on March 1, 2005.
The Resolution is amended to include current information and does effect all
past, present and future disasters.
Please send all communication to:
Sire F@ly, 1
James DeStefano
Assistant City Manager
cc: Linda C. Lown, City Manager
David Doyle, Assistant City Manager
Linda Magnuson, Director of Finance
Attachment
Linda C. Lowry, City Manager
City of Diamond Bar
21825 Copley Drive
Diamond Bar, CA 91765
i inda.lowry@ci.diamond-bar.ca.u5
02: 58 9@98613690 CITY -MANAGER t -Aur_ dZIUZ
6 -,
� ) 7 — 1 cl 1,q
City of Diamond Bar
may,M-0
L -I;jj 111 11 21925 Copley Drive Diamond Bar, CA 91765-4173
(909) 839-7000 - Fax (909) 361-3117
www.CitYofDiamondRar.com
Steve Tye
',f,lvor
I-ack Troika
,Vleiyni Pro -,eni
Wen P. Chang
Col;,rldl Vh,mhrr
Ron Everett
COUrcli Vifembcr
Carel Herrera
Wemher
April 12, 2007
State of California
Governor's Office of Emergency Services
Grants Payment Unit
Attn: Darnell Shumpart
3650 Schriever Avenue
Vather. California 95655
Re- Designation of Applicant's Agent
Dear Mr, Shumpart:
Pur3uant to the request for the names of those individuals authorized to
execute any and all documents for obtaining federal financial assistance
pursuant to the "Designation of Applicant's Agent Resolution they are:
City Manager — James DeStefano
Asst. City Manager-- David Doyle
Public'Works Director— David G. Liu
If there is any other information required, please do not hesitate to
can -,act me at 909-839-7010.
Sincerely.
I-ornmyb Cribbins
City Clerk
CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Managwf�
Agenda # —7.1
Meeting Date: March 1, 2005
AGENDA REPORT
TITLE: DEVELOPMENT CODE AMENDMENT NO. 2005-02 Pertaining to Second
Units, Guest Houses, Second Kitchens, Number of Parking Spaces, Outdoor
Display and Sales, Discretionary Review Processes, Property Maintenance and
Definitions
RECOMMENDATION: Conduct a public hearing and approve the first reading of Ordinance
No. (2005).
BACKGROUND:
As the staff implements the Development Code, it becomes evident from time to time that
amendments are needed to better serve the City and the development community or to
comply with changes in State law or case law. On June 1, 2004, the City Council adopted
Interim Ordinance No. 01-A (2004). The purpose of the Interim Ordinance was to allow staff
time to investigate and create standards related to the appropriate size of second units and
guest houses in specific residential zoning districts. The Interim Ordinance expires on April
19, 2005. Therefore, new standards must be in effect prior to this date and are part of
Development Code Amendment No. 2005-02.
PLANNING COMMISSION RECOMMENDATION:
On February 22, 2005 the Planning Commission conducted a duly noticed public hearing and
reviewed proposed modification to the specified articles and sections of the Development
Code. There were no comments from the public. At the meeting, the Commission focused
their discussion on holiday lights and decorations and cooking facilities for the guest house.
The Commission raised concerns that the new standard of displaying holiday lights and
decorations three days before and removing them three days after the holiday was too
restrictive. The Commission recommended a time frame of 14 days before and after the
holiday because it is more reasonable and it allows more time to celebrate a holiday.
For guest houses, the Commission felt that the list of prohibited kitchen or cooking facilities
may be too restrictive. Allowing a microwave or hot plate would be reasonable and would
allow for the preparation of snacks. However, the Commission did not recommend amending
the Code to allow microwaves or hot plates in guest houses. If the Council, after reviewing
the new criteria for the guest house, concurs with the discussion of the Planning Commission
with respect to the list of prohibited kitchen facilities, the Council may consider eliminating
"microwave" and "hotplates" from the list.
On February 22, 2005, the Planning Commission recommended City Council approve
Development Code No. 2005-02 with the following modifications to the following articles and
sections of the Development Code:
ARTICLE II
Section 22.08.030. Residential zoning district land uses and permit requirements—Table 2-3.
Section 22.10.030. Commercial/Industrial district land uses and permit requirements —Table
2-5 and Table 2-6.
ARTICLE III
Section 22.16.140.
Second Kitchen.
Section 22.30.040.
Number of parking spaces required. — Table 3-10.
Section 22.34.030.
Property Maintenance standards for single-family.
Section 22.34.040.
Property Maintenance standards for multi -family.
Section 22.34.050.
Property Maintenance standards for commercial.
Section 22.34.060.
Property Maintenance standards for industrial.
Section 22.42.120.
Secondary housing units.
Section 22.42.060.
Guest houses.
Section 22.42.080.
Outdoor display and sales standards.
ARTICLE IV
Section 22.48.040.
Development Review. findings and decisions.
Section 22.50.060.
Temporary Use Permit. action by the director.
Section 22.52.040.
Minor Variance. findings and decision.
Section 22.54.040.
Variance findings and decision.
Section 22.56.040.
Minor Conditional Use Permit. findings and decision.
Section 22.58.040.
Conditional Use Permit. findings and decision.
ARTICLE VI
Section 22.80.010. Definition of specialized terms and phrases.
DISCUSSION:
The following information represents the current standard and the recommended amendment
for specific sections in the Development Code. Italics/bold delineates the recommended
amendment and strikeouts indicates deletions.
2
ARTICLE II
Section 22.08.030. Residential zoning district land uses and permit requirements.
Staff Comment:
Allowing second units or guest houses in Low Medium or Medium density zones is not
appropriate because lots are generally smaller. In the zoning districts that provide for multi-
family residences (i.e. condominium and apartments) second units and guest houses are not
appropriate.
Recommendation:
TABLE 2-3
ALLOWED USES AND PERMIT REQUIREMENTS FOR RESIDENTIAL ZONING
DISTRICTS
Land Uses (1)
RR RL RLM RM RMH RH See standards
in section:
RESIDENTIAL USES
Secondaryes',�k[epAa-units
P P P P R P 22.42.120
Guesthouse
P P 22.42.60
Section 22.10.030. Commercial/Industrial district land uses and permit requirements (Tables
2-5 and 2-6)
Staff Comment:
(Table 2-5) Restaurants are listed in the OP, OB and CO zones but outdoor dining is not
listed. Restaurants and outdoor dining are listed in the C-1, C-2 and C-3 zones. For
consistency, this modification is recommended.
(Table 2-6) Retail sales are not permitted in the Light Industrial (1) zoning district. For
economic development purposes, the City would like the option to allow retail land uses
within the Light Industrial (1) zoning district if appropriate.
(Table 2-6) The modification to this table is recommended to clarify the zoning district where
the uses are allowed and to ensure that operational characteristics are suitable of the land
use are appropriate for the location by the review process.
located as to facilitate the establishment of the second independent dwelling including
a servant's quarters.
Section 22.30.040. Number of parking spaces required.
Staff Comment:
Staffs experience indicates that this is a land use that requires more parking than the code
currently allows. The suggested modification will provide a parking requirement consistent
with health and fitness facilities.
These land uses are not listed in the tables designating allowed uses in specific zoning
districts. Therefore, staff is recommending deleting the parking requirements from TABLE 3-
10.
Recommendation:
TABLE 3-10
PARKING REQUIREMENTS BY LAND USE AND USE TYPE
Land Use Type
Vehicle Spaces Required
Recreation, education, public assembly:
Studios for art, dance and martial arts
1 space for each 200 150 sq. ft. of gross floor area
and 1 space for each employee
Land Use Type Vehicle Spaces Required
Residential Uses:
GfG 3Gh her! plus 1 fer eorh A- herb fer g pec+
Section 22.34.030. Single-family standards.
Staff Comment:
Currently, there are no standards that address the display and removal of holiday lights, and
decorations. In order to maintain the Diamond Bar's high aesthetic standards and to assist
the Neighborhood Improvement Officers, this modification is suggested for single-family,
multi -family, commercial and industrial area.
Recommendation:
(g) Display of holiday decorations and lights.
(1) Excepting Christmas, no holiday decorations or lights shall be displayed
on private property earlier than 14 days prior to a holiday or after 14 days
following a holiday.
5
(2) Holiday decorations or lights celebrating Christmas may be displayed on
private property starting November 15 and shall be entirely removed
therefrom by January 15.
(3) The display of Holiday decorations or lights during permissible times, as
stated in this subsection, shall be exempt from the requirements and
regulations of Chapter 22.26. — Sign Standards, unless they contain
commercial speech, in which case they shall constitute temporary signs
and be subject to that chapter.
(4) It shall be a public nuisance and unlawful for holiday decorations and
lights to be displayed on private property except at permissible times as
stated in this subsection.
Section 22.34.040. Multi -family standards.
Recommendation:
(i) Display of holiday decorations and lights.
(1) Excepting Christmas, no holiday decorations or lights shall be displayed
on private property earlier than 14 days prior to a holiday or after 14 days
following a holiday.
(2) Holiday decorations or lights celebrating Christmas may be displayed on
private property starting November 15 and shall be entirely removed
therefrom by January 15.
(3) The display of Holiday decorations or lights during permissible times, as
stated in this subsection, shall be exempt from the requirements and
regulations of Chapter 22.26. — Sign Standards, unless they contain
commercial speech, in which case they shall constitute temporary signs
and be subject to that chapter.
(4) It shall be a public nuisance and unlawful for holiday decorations and
lights to be displayed on private property except at permissible times as
stated in this subsection.
Section 22.34.050. Commercial standards.
Recommendation:
(h) Display of holiday decorations and lights.
(1) Excepting Christmas, no holiday decorations or lights shall be displayed
on private property earlier than 14 days prior to a holiday or after 14 days
following a holiday.
3
(2) Holiday decorations or lights celebrating Christmas may be displayed on
private property starting November 15 and shall be entirely removed
therefrom by January 15.
(3) The display of Holiday decorations or lights during permissible times, as
stated in this subsection, shall be exempt from the requirements and
regulations of Chapter 22.26. - Sign Standards, unless they contain
commercial speech, in which case they shall constitute temporary signs
and be subject to that chapter.
(4) It shall be a public nuisance and unlawful for holiday decorations and
lights to be displayed on private property except at permissible times as
stated in this subsection.
(5) Prior to the installation of holiday decorations and lights, a permit shall be
obtained from the Building and Safety Division.
Section 22.34.060. Industrial standards.
Recommendation:
(h) Display of holiday decorations and lights.
(1) Excepting Christmas, no holiday decorations or lights shall be displayed
on private property earlier than 14 days prior to a holiday or after 14 days
following a holiday.
(2) Holiday decorations or lights celebrating Christmas may be displayed on
private property stating November 15 and shall be entirely removed
therefrom by January 15.
(3) The display of Holiday decorations or lights during permissible times, as
stated in this subsection, shall be exempt from the requirements and
regulations of Chapter 22.26. - Sign Standards, unless they contain
commercial speech, in which case they shall constitute temporary signs
and be subject to that chapter.
(4) It shall be a public nuisance and unlawful for holiday decorations and
lights to be displayed on private property except at permissible times as
stated in this subsection.
(5) Prior to the installation of holiday decorations and lights, a permit shall be
obtained from the Building and Safety Division.
Section 22.42.120. Secondary heusk4g units
Staff Comment:
The purpose of this modification is to comply with State law and provide development
standards that do not degrade the integrity of a single-family zoning district while allowing
second units.
Recommendation:
The purpose of this section is to implement State law and permit second units in
certain residential zones and to ensure that the second unit does not degrade the
residential neighborhood by overcrowding the streets, utilities, parks, open spaces
and other community facilities and downgrading the living environment in the City.
This section provides standards for the establishment of secondary residential -units.
(1) Secondafy-units may shall 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 mein dwelling.
(2) Number of units allowed. Only one secondary dwelling -unit shall be allowed on a
legal single-family parcel. A single-family parcel shall not be allowed to have both
second unit and guest house.
(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 gross square feet and a
minimum buildable pad area of 8,000 square feet, a minimum width of 50
feet; and a minimum depth of 100 feet; and a minimum buildable pad siz
n quare feet,exrlusiyelyfar the -ses n''leT,daFy unites and
b. The parcel shall be developed with not more than one single-family only ane
primary
residence. The owner of the parcel must live in the primary residence or
the second unit, and shall demonstrate such occupancy to the
satisfaction of the City prior to issuance of permits.
(4) Location of secondary unit. A secondary unit may be within, attached to, or detached
from the existing main dWelliRg „nit primary residence. If detached, the secondary
unit shall be located within the rear portion of the subject parcel and shall be
separated from the existing -m primary residence a minimum of 10
feet. If attached to or within the primary residence, a separated entrance shall
be provided and said entrance shall not be located on the front of the primary
residential structure or facing the street on which the primary residence fronts.
(5) Design standards. A secondary dwellin unit shall:
a. Alcoholic beverage sales. Areas in which alcoholic beverages will be served
shall comply with the standards established by the &--State d --Department of
aAlcoholic bBeverage GControl, and the following standards:
Accessible. The dining area shall be accessible from inside the
restaurant only, unless the director waves this requirement in
circumstances where this is not feasible or practical;
2. Physically defined. The dining area shall be clearly and physically
defined. It shall be clearly a part of the restaurant serves; and.
3. Supervision. The dining area shall be supervised by a restaurant
employee to ensure compliance with laws regarding on-site consumption
of alcoholic beverages.
b. Parking requirements. Outdoor dining and seating areas shall comply with the
following off-street parking requirements:
1. Parking calculations. Off-street parking requirements shall be calculated
in compliance with chapter 22.30 (Off -Street Parking and Loading
Standards). The director may reduce or waive parking requirements for
outdoor dining areas less than 400 square feet in area that are operated
on a seasonal basis; and
2. Additional off-street parking. Outdoor dining areas that are not part of a
specific restaurant, but are used in common with several restaurants or
tenants within a commercial center, shall not be required to provide
additional off-street parking for these common outdoor areas.
C. Cleanup facilities. Outdoor dining areas, whether part of a restaurant or seating
in common, shall provide adequate cleanup facilities, and associated
procedures, in the following manner:
1. Cleaning schedule. Outdoor dining areas shall be cleaned on a continual
basis for removal of litter and food items which constitute a nuisance to
public health and safety; and
2. Waste receptacles. Outdoor dining areas shall contain waste receptacles
for use by the public and/or restaurant employees.
d. Design compatibility. Outdoor dining and seating areas are subject to
compatibility with surrounding uses and a high standard of design quality, the
following standards shall be implemented:
Compatible elements. Outdoor dining and seating areas and associated
structural elements, awnings, covers, furniture, umbrellas or other
13
physical elements which are visible from the public rights-of-way, shall
be compatible with the overall design of the main structure(s);
2. Entertainment. Outdoor dining and seating areas that provide dancing,
entertainment or amplified music shall require the preparation of a noise
analysis with appropriate mitigation measures to ensure that noise levels
will not exceed those specified in chapter 22.28 (Noise Control);
3. Pedestrian experience. The use of awnings, plants, umbrellas and other
human scale elements is encouraged to enhance the pedestrian
experience;
4. Potential impacts. Outdoor dining and seating areas and their relation to
churches, hospitals, public schools and residential uses shall be
considered by the review authority. Proper mitigation measures shall be
applied to eliminate potential impacts related to glare, light, loitering and
noise;
5. Obstructions. Outdoor dining and seating areas shall not obstruct
vehicular or pedestrian traffic flow and not necessitate the removal of
existing pedestrian or vehicular movement areas;
6. Separation requirements. Outdoor dining and seating areas shall be
separated from residential uses, at a minimum distance of 200 feet,
except in mixed-use projects;
7. Setbacks. Outdoor dining and seating areas shall be set back a minimum
of five feet from property lines or parking lots and shall not encroach on
to the public right-of-way.
8. Waste receptacles. Waste receptacles shall be provided in outside
seating areas, where and when appropriate.
9. Americans With Disabilities Act. Outdoor dining shall meet ADA
requirements.
e. One year review required. Minor Conditional use permits for outdoor dining and
seating areas are subject to review after one year, at which time the director
shall conduct a study to determine if adverse impacts have resulted from the
use. If none are found, then a permanent conditional use permit may be
granted.
f. The Director may wave the Minor Conditional Use Permit process for
outdoor dining in connection with an existing approved restaurant if the
outdoor dining does not exceed an occupancy of eight patrons and meets
the development standards in this section (Section 22.42.080. Outdoor
display and sales standards).
14
Guest house. A detached or attached structure of 480 300 square feet or more,
accessory to a single-family dwelling, accommodating living/sleeping quarter, but
without kitchen or cooking facilities. (Refer to Section 22.42.060.)
Recommendation: (Holiday: Currently not defined.)
(h) Definitions, "H". The following definitions are in alphabetical order:
Holiday. Any officially recognized or declared federal, state, or local day. Such
a day may involve the cessation of general commercial activities or the
commemoration or celebration of a particular event or occasion. A "Holiday"
includes, but is not limited to New Year's Day. St. Valentines Day, President's
Day, St Patrick's Day, Easter, Memorial Day, Independence Day, Labor Day,
Halloween, Thanksgiving Day, Veteran's Day, and Christmas Day.
Recommendation: (Holiday Decorations and Lights: Currently not defined.)
Holiday Decorations and Lights. Any form of temporary decorations (including
without limitation, strings, streamers and balloons), and any devices, light
fixtures or objects, materials, or signs not containing commercial speech or
combination thereof, that are displayed, or that reasonably appear to be
displayed, in connection with a holiday, and that are viewable from public or
neighboring private property.
(s) Definitions, "S". The following definitions are in alphabetical order:
Recommendation:
School. PubliG and pFiyate 9dUGati9Ral h6titUtiORS, induding, An institution of
learning, whether public or private that offers instruction, training, testing,
apprenticeship, tutoring, exam preparation, educational guidance, counseling
and evaluation. Learning may occur at training facilities, educational
institutions, and through correspondence, television, Internet, or other means
such as:
Boarding schools
Business, secretarial, and vocational schools
Community colleges, colleges and universities
Elementary, middle, and junior high schools
Establishments providing courses by mail or Internet
High schools
Military academies
Professional schools (law, medicine, etc.)
Seminaries/religious ministry training facilities
Also includes specialized non -degree grant schools offering instructions in:
Art studio
Ballet and other dance studios
17
Computers and electronics
Drama studio
Drivers' education
Language
Martial arts studio
Math
Music
Science
Tutorial services
Recommendation:
(s) Definitions, "S". The following definitions are in alphabetical order:
Secondary Fec°,�identiel unit. A second permanent g unit, or "granny flat",
attached or detached that is accessory to a primary dwelling residence on the same
site. A secondWy resider unit provides complete, independent living facilities for
one or more persons, including permanent provisions for living, sleeping, eating,
cooking, sanitation, and parking.
Recommendation: (Tutorial services: Currently not defined.)
(t) Definitions, "T". The following definitions are in alphabetical order:
Tutorial services. A type of business designed to provide individualized
instructions to persons generally in fields of general education or the arts with
no more that two students per one instructor on the premises at the same time.
Tutorial services, not in a classroom setting, shall include, but are not limited to,
instructing, tutoring, educational counseling, testing, training, etc. Students
typically do not stay more than two hours.
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 residence, 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 used to implement land uses designated by the
General Plan, thereby avoiding conflict between land uses. The Development Code assists
in protecting and maintaining property values, and conserving and protecting the City's
natural resources. Furthermore, the Development Code facilitates in protecting the City's
character, and social and economic stability, as well as assisting in maintaining a high quality
of life without unduly high public or private costs for development or unduly restricting private
enterprise, initiative, or innovative design,
M.
The Planning Commission and staff believe that the standards set forth in the recommended
amendment will implement the policies of the General Plan, 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 15162
(a) of Article 5 of the California Code of Regulations and Guidelines promulgated thereunder,
the City has determined that this project is consistent with the previously adopted Negative
Declaration No. 97-03 for the City's Development Code. Therefore, no subsequent Negative
Declaration or Mitigated Negative Declaration is required to be prepared.
NOTICE OF PUBLIC HEARING:
Notice for this project was published in the Inland Valley Bulletin and the San Gabriel Valley
Tribune on February 18, 2005. 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 1000, a local agency may provide notice by placing a display
advertisement 1/8 page in one newspaper of general circulation. The City placed a 1/8 page
display in the above-mentioned newspapers of general circulation. Furthermore, on
February 17, 2005, public notices were posted at the following nine public places: City
Hall/Government Center; Diamond Bar Library; Heritage Park; Country Hills Town Center
Community Board; Ralph Shopping Center -Diamond Bar Boulevard; JoAnne Fabrics - 21070
Golden Springs Drive; 990 Diamond Bar Boulevard — Oak Tree Shopping Center; and 1235
Diamond Bar Boulevard — Albertson's.
PREPARED BY:
A J. Lungg, Ass late 16anner
Attachments:
Ja s DeSte no, Assistant City Manager
1. Ordinance No. XX (2005); and
2. Planning Commission Resolution No. 2005-08 recommending approval to City Council of
Development Code Amendment No. 2005-02.
19
A.
ORDINANCE NO. (2005)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR ADOPTING DEVELOPMENT CODE AMENDMENT NO. 2005- 02 AND
AMENDING THE DIAMOND BAR MUNICIPAL CODE.
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.
2. On November 3, 1998, the City of Diamond Bar adopted a Development Code.
Title 22 of the Diamond Bar Municipal Code which contains the Development Code
is now currently applicable to development applications within the City of Diamond
Bar.
3. Administering the Development Code for almost seven years demonstrated that
certain clarifications and modifications are needed based on the City's experience.
The City of Diamond Bar has determined that the following existing standards within
the Development Code require clarification and/or modification:
ARTICLE II
Section 22.08.030. Residential zoning district land uses and permit requirements—
Table 2-3.
Section 22.10.030. Commercial/Industrial district land uses and permit
requirements—Table 2-5 and Table 2-6.
ARTICLE III
Section 22.16.140.
Second Kitchen.
Section 22.30.040.
Number of parking spaces required. — Table 3-10.
Section 22.34.030.
Property Maintenance standards for single-family.
Section 22.34.040.
Property Maintenance standards for multi -family.
Section 22.34.050.
Property Maintenance standards for commercial.
Section 22.34.060.
Property Maintenance standards for industrial.
Section 22.42.120.
Secondary housing units.
Section 22.42.060.
Guest houses.
Section 22.42.080.
Outdoor display and sales standards.
ARTICLE IV
Section 22.48.040. Development Review. findings and decisions.
Section 22.50.060. Temporary Use Permit. action by the director.
Section 22.52.040. Minor Variance. findings and decision.
1
Section 22.54.040. Variance findings and decision.
Section 22.56.040. Minor Conditional Use Permit. findings and decision.
Section 22.58.040. Conditional Use Permit. findings and decision.
ARTICLE VI
Section 22.80.010. Definition of specialized terms and phrases.
4. The Planning Commission of the City of Diamond Bar on February 22, 2005
conducted and concluded a duly noticed public hearing with regard to the
Development Code amendment and recommended approval of said amendment to
the City Council.
5. Notification of the public hearing for consideration of Development Code
Amendment No. 2005-02 was provided in the San Gabriel Valley Tribune and Inland
Valley Daily Bulletin newspapers on February 18, 2005. 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 February 17, 2005.
6. On March 1, 2005, 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. Pursuant to the provisions of the California Environmental Quality Act (CEQA) of
1970, Section 15162(a) of Article 5 of the California Code of Regulations and
guidelines promulgated thereunder, the City Council hereby finds that there is no
substantial evidence that the Development Code Amendment will have a significant
effect on the environment and therefore has determined that Development Code
Amendment No. 2005-02 is consistent with the previously adopted Negative
Declaration No. 1997-03 for the Development Code. Therefore, no subsequent
Negative Declaration or Mitigated Negative Declaration is required to be prepared.
9. The City Council hereby specifically finds and determines that, having considered
the record as a whole, including the finding set forth above, there is no evidence
before this City Council that the Development Code Amendment 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 22.08.030. TABLE 2-3, Residential zoning district land uses and permit
requirements.. Article II, Title 22 of the City of Diamond Bar Municipal Code is here by
amended to read as follows:
TABLE 2-3
ALLOWED USES AND PERMIT REQUIREMENTS FOR RESIDENTIAL ZONING
DISTRICTS
Land Uses (1)
RR RL RLM RM RMH RH See standards in
section:
RESIDENTIAL USES
Second units
P P 22.42.120
Guest house
P P 22.42.60
Section 22.10.030—TABLE 2-5, Commercial/Industrial district land uses and permit
requirements., Article II, Title 22 of the City of Diamond Bar Municipal Code is here by
amended by inserting a retail trade use to read as follows:
TABLE 2-5
ALLOWED USES AND PERMIT REQUIREMENTS FOR OFFICE ZONING DISTRICTS
Land Uses(1) OP OB (3) CO See standards in section:
RETAIL TRADE USES
Restaurant with outdoor dining MCUP MCUP MCUP 22.16.070, 22.42.080
Section 22.10.030.. TABLE 2-6. Commercial/Industrial district land uses and permit
requirements., Article II, Title 22 of the City of Diamond Bar Municipal Code is here by
amended to read as follows:
TABLE 2-6
ALLOWED USES AND PERMIT REQUIREMENTS FOR COMMERCIAL/INDUSTRIAL
ZONING DISTRICTS
Land Uses(1) C-1 C-2 C-3
I See standards in section:
RETAIL TRADE USES
Retail sales
CUP
Restaurant with outdoor MCUP MCUP MCUP
dining
22.16.070, 22.42.080
M
Section 22.10.030., TABLE 2-6, Commercial/Industrial district land uses and permit
requirements., Article II, Title 22 of the City of Diamond Bar Municipal Code is here by
amended to read as follows
TABLE 2-6
ALLOWED USES AND PERMIT REQUIREMENTS FOR COMMERCIAL/INDUSTRIAL
ZONING DISTRICTS
Land Uses(1)
C-1
C-2
C-3
I
See standards
in section:
RECREATIONAL, EDUCATION & PUBLIC ASSEMBLY USES
Schools —Private
CUP
CUP
Schools — Public
P
P
Schools — Specialized education and
training and non -degree
CUP
CUP
CUP
Studios —photograph, ortrait, etc.
I CUP
CUP
Section 22.16.140. Second kitchen., Article III, Title 22 of the City of Diamond Bar
Municipal Code is here by inserting said section to read as follows and inserting said
section to the Table of Contents:
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 22.30.040., TABLE 3-10, Number of parking spaces required., Article III, Title
22 of the City of Diamond Bar Municipal Code is here by amended to read as follows:
TABLE 3-10
PARKING REQUIREMENTS BY LAND USE AND USE TYPE
Land Use Type Vehicle Spaces Required
Recreation, education, public assembly:
Studios for art, dance and martial arts
1 space for each 150 sq. ft. of gross floor area and 1
space for each employee
Section 22.30.040., TABLE 3-10, Number of parking spaces required. Article III, Title 22
of the City of Diamond Bar Municipal Code is here by amended by deleting the
following land use and vehicle spaces requirement for TABLE 3-10 as follows:
TABLE 3-10
PARKING REQUIREMENTS BY LAND USE AND USE TYPE
Land Use Type I Vehicle Spaces Required
Residential Uses:
Creep Qua#ers1 spaGe for each bed, plus i for eaGh 8 beds for guest
4
Subsection (g) of Section 22.34.030. Single-family standards. Article 111, Title 22 of the City
of Diamond Bar Municipal Code is here by amended by inserting said subsection to read
as follows:
(g) Display of holiday decorations and lights.
(1) Excepting Christmas, no holiday decorations or lights shall be displayed on
private property earlier than 14 days prior to a holiday or after 14 days
following a holiday.
(2) Holiday decorations or lights celebrating Christmas may be displayed on
private property stating November 15 and shall be entirely removed
therefrom by January 15.
(3) The display of Holiday decorations or lights during permissible times, as
stated in this subsection, shall be exempt from the requirements and
regulations of Chapter 22.26. — Sign Standards, unless they contain
commercial speech, in which case they shall constitute temporary signs and
be subject to that chapter.
(4) It shall be a public nuisance and unlawful for holiday decorations and lights
to be displayed on private property except at permissible times as stated in
this subsection.
Subsection (i) of Section 22.34.040. Multi -family standards. Article III, Title 22 of the City of
Diamond Bar Municipal Code is here by amended by inserting said subsection to read as
follows:
(i) Display of holiday decorations and lights.
(1) Excepting Christmas, no holiday decorations or lights shall be displayed on
private property earlier than 14 days prior to a holiday or after 14 days
following a holiday.
(2) Holiday decorations or lights celebrating Christmas may be displayed on
private property stating November 15 and shall be entirely removed
therefrom by January 15.
(3) The display of Holiday decorations or lights during permissible times, as
stated in this subsection, shall be exempt from the requirements and
regulations of Chapter 22.26. — Sign Standards, unless they contain
commercial speech, in which case they shall constitute temporary signs and
be subject to that chapter.
(4) It shall be a public nuisance and unlawful for holiday decorations and lights
to be displayed on private property except at permissible times as stated in
this subsection.
Subsection (h) of Section 22.34.050. Commercial standards. Article III, Title 22 of the City
of Diamond Bar Municipal Code is here by amended by inserting said subsection to read
as follows:
5
(h) Display of holiday decorations and lights.
(1) Excepting Christmas, no holiday decorations or lights shall be displayed on
private property earlier than 14 days prior to a holiday or after 14 days
following a holiday.
(2) Holiday decorations or lights celebrating Christmas may be displayed on
private property stating November 15 and shall be entirely removed
therefrom by January 15.
(3) The display of Holiday decorations or lights during permissible times, as
stated in this subsection, shall be exempt from the requirements and
regulations of Chapter 22.26. — Sign Standards, unless they contain
commercial speech, in which case they shall constitute temporary signs and
be subject to that chapter.
(4) It shall be a public nuisance and unlawful for holiday decorations and lights
to be displayed on private property except at permissible times as stated in
this subsection.
(5) Prior to the installation of holiday decorations and lights, a permit shall be
obtained from the Building and Safety Division.
Subsection (h) of Section 22.34.060. Industrial standards. Article III, Title 22 of the City of
Diamond Bar Municipal Code is here by amended by inserting said subsection to read as
follows:
(h) Display of holiday decorations and lights.
(1) Excepting Christmas, no holiday decorations or lights shall be displayed on
private property earlier than 14 days prior to a holiday or after 14 days
following a holiday.
(2) Holiday decorations or lights celebrating Christmas may be displayed on
private property stating November 15 and shall be entirely removed
therefrom by January 15.
(3) The display of Holiday decorations or lights during permissible times, as
stated in this subsection, shall be exempt from the requirements and
regulations of Chapter 22.26. — Sign Standards, unless they contain
commercial speech, in which case they shall constitute temporary signs and
be subject to that chapter.
(4) It shall be a public nuisance and unlawful for holiday decorations and lights
to be displayed on private property except at permissible times as stated in
this subsection.
(5) Prior to the installation of holiday decorations and lights, a permit shall be
obtained from the Building and Safety Division.
9
Section 22.42.120. Second units.. Article III, Title 22 of the City of Diamond Bar Municipal
Code is here by amended to read as follows:
The purpose of this section is to implement State law and permit second units in certain
residential zones and to ensure that the second unit does not degrade the residential
neighborhood by overcrowding the streets, utilities, parks, open spaces and other
community facilities and downgrading the living environment in the City.. This section
provides standards for the establishment of second units.
(1) Second units shall 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.
(2) Number of units allowed. Only one second unit shall be allowed on a legal single-
family parcel. A single-family parcel shall not be allowed to have both second unit
and guest house.
(3) Site requirements. The parcel proposed for a second unit shall comply with all the
following requirements:
a. The parcel shall have a minimum area of 10,000 gross square feet and a
minimum buildable pad area of 8,000 square feet, a minimum width of 50
feet and a minimum depth of 100 feet; and
b. The parcel shall be developed with not more than one single- primary
residence. The owner of the parcel must live in the primary residence or the
second unit, and shall demonstrate such occupancy to the satisfaction of the
City prior to issuance of permits.
(4) Location of second unit. A second unit may be within, attached to, or detached from
the existing primary residence. If detached, the second unit shall be located within
the rear portion of the subject parcel and shall be separated from the existing
primary residence a minimum of 10 feet. If attached to or within the primary
residence, a separated entrance shall be provided and said entrance shall not be
located on the front of the primary residential structure or facing the street on which
the primary residence fronts.
(5) Design standards. A second unit shall:
a. Not exceed 600 gross square feet in floor area and is allowed if the parcel is
between 10,000 and 20,000 gross square feet with a minimum buildable pad
area of 8,000 square feet and has a minimum width of 50 feet and a
minimum depth of 100 feet.
b. Not exceed 1,200 square feet in gross floor area if the parcel is over 20,000
gross square feet with a minimum 10,000 square feet buildable pad area.
C. Match the architectural style of the primary residence and design features,
such as but not limited to, materials, colors, roofing, scale, surface
treatments and details;
7
d. Utilize the same setback requirements as the primary residence; not exceed
one story or 15 feet in height as measured from the natural of finished grade
to highest area of the roofline; not exceed the maximum lot coverage
permitted in the zone where the subject lot is located; and the design of the
second unit shall not change the character of the surrounding residential
neighborhood;
e. Contain separate kitchen and bathroom facilities and have a separate
entrance from the primary residence; and
f. Contain no more than two bedrooms.
(6) Parking. One off-street parking space shall be provided for the second unit, in
addition to the required and existing parking provided for the primary residence.
Said parking space shall be accessible from the existing driveway approach.
Existing driveway may be widened to accommodate the one off-street parking
space pursuant to Code Section 22.30.080.- Driveways and site access.
(7) Rental of second units. A second unit may be rented, although rental is not
required.
(8) Sale or subdivision of a second unit. The sale or subdivision of a second residential
unit separate from the primary residence shall be prohibited.
(9) Utilities. Utilities serving the second unit (e.g., electricity, gas, sewer, and water)
shall be common to and dependent on the primary residence. The second unit shall
not be provided with separate metered utilities. Furthermore and prior to the
issuance of any City permits, the property owner shall submit written certification
from the affected water and sewer district that adequate water and sewer facilities
are or will be available to serve the proposed second unit. For units using septic
facilities allowed by the California Regional Water Quality Control Board and the
City, written certification of acceptability shall be submitted.
Section 22.42.060. Guest houses., Article III, Title 22 of the City of Diamond Bar Municipal
Code is here by amended to read as follows:
This section establishes standard for the development and operation of guest houses in
zoning districts where guest houses are allowed in compliance with Article II (Zoning
Districts and Allowable Land Uses), and subject to the approval of the Director provided all
of the following standards are met:
(1) Intended use. A guest house, which may include only a sleeping area, living area,
and bathroom, is intended to provide temporary living quarters within a detached or
attached residential accessory structure, located on the same premises with the
primary residence, for use by guests of the occupants of the premises.
(2) Development standards. The location and construction of guest houses shall
comply with the following standards and as such may be approved by the Director:
a. Number. A guest house shall not be permitted on any parcel for which a
second unit has been permitted.
8
b. Location. A guest house may be within, attached to, or detached from the
existing primary residence. If detached, the guest house shall be located
within the rear portion of the subject parcel.
C. Access. The location of a detached guest house shall provide minimum of
five-foot wide pedestrian access to the main development;
d. Site requirements. The parcel proposed for a guest house shall have a
minimum area of 10,000 gross square feet and a minimum buildable pad
area of 8,000 square feet, a minimum width of 50 feet, and a minimum depth
of 100 feet;
e. Floor area. The guest house floor area shall not exceed 600 square feet if
the parcel is between 10,000 and 20,000 gross square feet. For parcels
greater than 20,000 square feet, the guest house floor area may exceed 600
square feet but shall not be greater than 900 square feet or 30 percent of the
existing living area of the primary residence, whichever is smaller;
f. Architectural compatibility. The architectural style of the guest house in
design features, such as but not limited to, materials, colors, roofing, scale,
surface treatments and details shall match the primary residence.
g. Setbacks. The guest house shall: utilize the same setback requirements as
the primary residence; not exceed one story or 15 feet in height as measured
from the natural or finished grade to the highest area of the roofline; not
exceed the maximum lot coverage permitted in the zone where the subject
lot is located; and the design of the guest
house shall not change the character of the surrounding residential
neighborhood;
h. Utilities. Utilities serving the guest house (e.g., electricity, gas, sewer, and
water) shall be common to and dependent on the main dwelling. The guest
house shall not be provided with separate metered utilities;
Plumbing and electrical installations. Plumbing shall be limited to that
required for a single bathroom, water closet, lavatory, and a shower or tub.
Electrical installation shall be limited to the minimum required for heating,
light, and ventilation. Line drawings shall be submitted for approval, and
shall delineate all plumbing and electrical installations proposed in
compliance with this standard;
Kitchens prohibited. The guest house shall not contain a kitchen or other
cooking facilities. For the purpose of this section, a kitchen or cooking
facilities are defined as to include, but not limited to, the following:
1. Cooking stove with or without an oven;
2. Hot plates;
3. Kitchen sink, cabinets and appurtenant plumbing;
4. Microwave or convection ovens; and.
5. All appurtenances, related to the above.
E
Rental is prohibited. The guest house shall not be separately rented or
leased from the main dwelling, whether compensation is direct or indirect; or
otherwise used as a separate dwelling.
M. Sale or subdivision of a guest house. The sale or subdivision of a guest
house separate from the primary residence shall be prohibited;
n. Covenant and Agreement. Prior to the issuance of any City permits, the
owner of record shall sign and record a Covenant and Agreement, in a form
provided by the City, which shall place future buyers on notice of the
maximum size of the guest house, that the guest house may not be sold,
transferred or assigned separately from the primary residence, that the
owner of record shall reside on the property and that such restrictions shall
run with the land and shall be binding upon all future owners.
Section 22.42.080. Outdoor display and sales standards., Article 111, Title 22 of the City of
Diamond Bar Municipal Code is here by amended to read as follows:
(3) Outdoor dining and seating areas. Outdoor dining and seating areas are allowed
subject to the approval of a Minor Conditional Use Permit, in compliance with
chapter 22.58 (Minor Conditional Use Permits) and the following standards:
a. Alcoholic beverage sales. Areas in which alcoholic beverages will be served
shall comply with the standards established by the State Department of
Alcoholic Beverage Control, and the following standards:
1. Accessible. The dining area shall be accessible from inside the
restaurant only, unless the director waves this requirement in
circumstances where this is not feasible or practical;
2. Physically defined. The dining area shall be clearly and physically
defined. It shall be clearly a part of the restaurant serves; and.
3. Supervision. The dining area shall be supervised by a restaurant
employee to ensure compliance with laws regarding on-site
consumption of alcoholic beverages.
b. Parking requirements. Outdoor dining and seating areas shall comply with
the following off-street parking requirements:
1. Parking calculations. Off-street parking requirements shall be
calculated in compliance with chapter 22.30 (Off -Street Parking and
Loading Standards). The director may reduce or waive parking
requirements for outdoor dining areas less than 400 square feet in
area that are operated on a seasonal basis; and
2. Additional off-street parking. Outdoor dining areas that are not part of
a specific restaurant, but are used in common with several
restaurants or tenants within a commercial center, shall not be
required to provide additional off-street parking for these common
outdoor areas.
10
C. Cleanup facilities. Outdoor dining areas, whether part of a restaurant or
seating in common, shall provide adequate cleanup facilities, and associated
procedures, in the following manner:
Cleaning schedule. Outdoor dining areas shall be cleaned on a
continual basis for removal of litter and food items which constitute a
nuisance to public health and safety; and
2. Waste receptacles. Outdoor dining areas shall contain waste
receptacles for use by the public and/or restaurant employees.
d. Design compatibility. Outdoor dining and seating areas are subject to
compatibility with surrounding uses and a high standard of design quality, the
following standards shall be implemented:
1. Compatible elements. Outdoor dining and seating areas and
associated structural elements, awnings, covers, furniture, umbrellas
or other physical elements which are visible from the public rights-of-
way, shall be compatible with the overall design of the main
structure(s);
2. Entertainment. Outdoor dining and seating areas that provide
dancing, entertainment or amplified music shall require the
preparation of a noise analysis with appropriate mitigation measures
to ensure that noise levels will not exceed those specified in chapter
22.28 (Noise Control);
3. Pedestrian experience. The use of awnings, plants, umbrellas and
other human scale elements is encouraged to enhance the pedestrian
experience;
4. Potential impacts. Outdoor dining and seating areas and their relation
to churches, hospitals, public schools and residential uses shall be
considered by the review authority. Proper mitigation measures shall
be applied to eliminate potential impacts related to glare, light,
loitering and noise;
5. Obstructions. Outdoor dining and seating areas shall not obstruct
vehicular or pedestrian traffic flow and not necessitate the removal of
existing pedestrian or vehicular movement areas;
6. Separation requirements. Outdoor dining and seating areas shall be
separated from residential uses, at a minimum distance of 200 feet,
except in mixed-use projects;
7. Setbacks. Outdoor dining and seating areas shall be set back a
minimum of five feet from property lines or parking lots and shall not
encroach on to the public right-of-way.
8. Waste receptacles. Waste receptacles shall be provided in outside
seating areas, where and when appropriate.
11
9. Americans With Disabilities Act. Outdoor dining shall meet ADA
requirements.
e. One year review required. Minor Conditional use permits for outdoor dining
and seating areas are subject to review after one year, at which time the
director shall conduct a study to determine if adverse impacts have resulted
from the use. If none are found, then a permanent conditional use permit
may be granted.
The Director may wave the Minor Conditional Use Permit process for outdoor
dining in connection with an existing approved restaurant if the outdoor
dining does not exceed an occupancy of eight patrons and meets the
development standards in this section (Section 22.42.080. Outdoor display
and sales standards).
Section 22.48.040. Findings and decisions., Article IV Title 22 of the City of Diamond Bar
Municipal Code is here by amended to read as follows:
A development review application shall be reviewed by the applicable review authority
identified in section 22.48.050 (Responsibility for development review), below and shall not
be approved, with or without conditions, unless all of the following findings are made:
Section 22.50.060. Action by the director., Article IV Title 22 of the City of Diamond Bar
Municipal Code is here by amended to read as follows:
A temporary use permit may be approved, modified, conditioned, or disapproved by the
director, without the requirement for a noticed public hearing. The director shall not
approve, modified, or conditionally approved a temporary use permit application, for up to
one year, unless all of the following findings can be made:
Section 22.52.040. Findings and decision., Article IV Title 22 of the City of Diamond Bar
Municipal Code is here by amended to read as follows:
The director, without the requirement for a noticed public hearing, shall record the decision
in writing with the findings on which the decision is based, in compliance with state law, or
may refer the application to the commission. A minor variance application shall not be
approved, modified, conditioned, or disapproved by the director, unless all the following
findings can be made:
Section 22.54.040. Findings and decision., Article IV Title 22 of the City of Diamond Bar
Municipal Code is here by amended to read as follows:
Following a public hearing, the commission shall record the decision in writing with findings
on which the decision is based, in compliance with state law. The commission shall not
approve a variance application with or without conditions unless all of the following findings
can be made:
Section 22.56.040. Findings and decision., Article IV Title 22 of the City of Diamond Bar
Municipal Code is here by amended to read as follows:
12
Following a public hearing, the hearing officer shall record the decision in writing with the
findings on which the decision is based, or may refer the application to the commission.
The minor conditional use permit application shall not be approved, with or without
conditions, unless all of the following findings can be made:
Section 22. 58.040. Findings and decision., Article IV Title 22 of the City of Diamond Bar
Municipal Code is here by amended to read as follows:
Following a public hearing, the commission shall record the decision in writing with the
findings on which the decision is based. The conditional use permit application shall not be
approved, with or without conditions, unless all of the following findings can be made
Section 22.80.010. Definition of specialized terms and phrases., Article VI Title 22 of the
City of Diamond Bar Municipal Code is here by amended to read as follows:
(b) Definitions, "B". The following definitions are in alphabetical order:
Basement. Habitable and Non -habitable space within a structure where less than
one-half of the distance from its floor to ceiling is below grade. Abasement shall be
considered a story.
(c) Definitions, "C". The following definitions are in alphabetical order:
Cellar. Non -habitable space within a structure where one-half or more of the
distance from its floor to ceiling is below grade. A cellar shall be considered a story.
(g) Definitions, "G". The following definitions are in alphabetical order:
Guest house. A detached or attached structure of 300 square feet or more,
accessory to a single-family dwelling, accommodating living/sleeping quarter, but
without kitchen or cooking facilities. (Refer to Section 22.42.060.)
(h) Definitions, "H". The following definitions are in alphabetical order:
Holiday. Any officially recognized or declared federal, state, or local day. Such a
day may involve the cessation of general commercial activities or the
commemoration or celebration of a particular event or occasion. A "Holiday"
includes, but is not limited to New Year's Day. St. Valentines Day, President's Day,
St. Patrick's Day, Easter, Memorial Day, Independence Day, Labor Day, Halloween,
Thanksgiving Day, Veteran's Day, and Christmas Day.
Holiday Decorations and Lights. Any form of temporary decorations (including
without limitation, strings, streamers and balloons), and any devices, light fixtures or
objects, materials, or signs not containing commercial speech or combination
thereof, that are displayed, or that reasonably appear to be displayed, in connection
with a holiday, and that are viewable from public or neighboring private property.
13
(s) Definitions, "S". The following definitions are in alphabetical order:
School. An institution of learning, whether public or private that offers instruction,
training, testing, apprenticeship, tutoring, exam preparation, educational guidance,
counseling and evaluation. Learning may occur at training facilities, educational
institutions, and through correspondence, television, Internet, or other means such
as:
Boarding schools
Business, secretarial, and vocational schools
Community colleges, colleges and universities
Elementary, middle, and junior high schools
Establishments providing courses by mail or Internet
High schools
Military academies
Professional schools (law, medicine, etc.)
Seminaries/religious ministry training facilities
Also includes specialized non -degree grant schools offering instructions in:
Art studio
Ballet and other dance studios
Computers and electronics
Drama studio
Drivers' education
Language
Martial arts studio
Math
Music
Science
Tutorial services
Second unit. A second permanent unit, or "granny flat", attached or detached that is
accessory to a primary residence on the same site. A second unit provides
complete, independent living facilities for one or more persons, including permanent
provisions for living, sleeping, eating, cooking, sanitation, and parking.
(t) Definitions, "T". The following definitions are in alphabetical order:
Tutorial services. A type of business designed to provide individualized instructions
to persons generally in fields of general education or the arts with no more that two
students per one instructor on the premises at the same time. Tutorial services, not
in a classroom setting, shall include, but are not limited to, instructing, tutoring,
educational counseling, testing, training, etc. Students typically do not stay more
than two hours.
14
PASSED, APPROVED AND ADOPTED THIS DAY OF 2005, BY THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR.
Wen P. Chang, Mayor
I, Linda C. Lowry, City Clerk of the City of Diamond Bar do hereby certify that the foregoing
Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar held
on the day of , 2005 and was finally passed at a regular meeting of the City Council
of the City of Diamond Bar held on the day of , 2005 by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
15
Linda C. Lowry, City Clerk,
City of Diamond Bar
PLANNING COMMISSION
RESOLUTION NO. 2005-08
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF DIAMOND BAR RECOMMENDING THAT THE CITY
COUNCIL APPROVE DEVELOPMENT CODE AMENDMENT
NO. 2005-02.
A. RECITALS.
The City of Diamond Bar has initiated an application for Development
Code Amendment No. 2005-01. Hereinafter in this Resolution, the
subject Development Code Amendment shall be referred to as the
"Application."
2. The Community and Development Services Department has
determined that the following modifications to the Development Code
are necessary in order to further implement the City General Plan.
ARTICLE II
CHAPTER 22.08/RESIDENTIAL ZONING DISTRICTS.
Section 22.08.030. Residential zoning district land uses and permit
requirements — Table 2-3
CHAPTER 22.10/COMMERCIAL/INDUSTRIAL ZONING DISTRICTS.
Section 22.10.030. Commercial/Industrial district land uses and
permit requirements —Table 2-5 and Table 2-6
ARTICLE III
CHAPTER 22.16./GENERAL PROPERTY DEVELOPMENT AND LAND USE
STANDARDS
Section 22.16.140. Second kitchen
CHAPTER 22.30./OFF-STREET PARKING AND LOADING
STANDARDS
Section 22.30.040. Number of parking spaces required.— Table 3-
10
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 22.42.120. Secondary housing units
Section 22.42.060. Guest houses
Section 22.42.080. Outdoor display and sales standards.
ARTICLE IV
CHAPTER 22.48./DEVELOPMENT REVIEW
Section 22.48.040. Findings and decisions.
CHAPTER 22.50./TEMPORARY USE PERMITS
Section 22.50.060. Action by the director.
CHAPTER 22.52./MINOR VARIANCES
Section 22.52.040. Findings and decision.
CHAPTER 22.54./VARIANCE
Section 22.54.040. Findings and decision.
CHAPTER 22.56./MINOR CONDITIONAL USE PERMIT
Section 22.56.040. Findings and decision.
CHAPTER 22.58./CONDITIONAL USE PERMIT
Section 22.58.040. Findings and decision.
ARTICLE VI
CHAPTER 22.80./DEFINITIONS
Section 22.80.010. Definition of specialized terms and phrases.
3. On February 11, 2005, 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, 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) on February 11, 2005.
2
4. On February 22, 2005, the Planning Commission of the City of
Diamond Bar conducted and concluded a duly noticed public hearing
on the Application.
5. On February 22, 2005, the Planning Commission, after due
consideration of public testimony, staff analysis and the Commission's
deliberations, has determined that Development Code Amendment No.
2005-02 attached hereto as Exhibit "A" implements the Goals,
Objectives and Strategies of the General Plan.
B. RESOLUTION.
NOW, THEREFORE, it is found, determined and resolved by the Planning
Commission of the City of Diamond Bar as follows:
1. This Planning Commission hereby specifically finds that all of the facts
set forth in the Recitals, Part A, of this Resolution are true and correct.
2. The Planning Commission hereby finds that the project identified above
in this Resolution, pursuant to the provisions of the California
Environmental Quality Act (CEQA), Section 15162 (a) of Article 5 of the
California Code Of Regulations and guidelines promulgated there
under, is consistent with the previously adopted Negative Declaration
No. 97-03 for the City's Development Code. Therefore, no subsequent
Negative Declaration or Mitigated Negative Declaration is required to be
prepared.
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.
2. Based on the findings and conclusions set forth above, the Planning
Commission hereby recommends that the City Council adopt
Development Code Amendment No. 2005-02 attached hereto as
Exhibit "A" and incorporated herein by reference.
The Planning Commission shall:
(a) Certify to the adoption of this Resolution; and
3
(b) Forthwith transmit a certified copy of this Resolution to the City
Council forthwith.
APPROVED AND ADOPTED THIS 22ND OF FEBRUARY 2005, BY THE
PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
BY:
Dan Nolan, 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 22nd day of February 2005, by the following vote:
ATTEST:
AYES: Nolan, Tanaka, Tye, McManus, Low
NOES: None
ABSENT: None
ABSTAIN: None
James DeStefano, Secretary
4
DEVELOPMENT CODE AMENDMENT NO. 2005-02
EXHIBIT "A"
Section 22.08.030.,Table 2-3, Residential zoning district land uses and permit
requirements. of Article II, Title 22 of the City of Diamond Bar Municipal Code is hereby
amended to read as follows:
TABLE 2-3
ALLOWED USES AND PERMIT REQUIREMENTS FOR RESIDENTIAL ZONING DISTRICTS
Land Uses (1)
RR RL RLM RM RMH RH See standards in
section:
RESIDENTIAL USES
Second units
P P 22.42.120
Guest house
I P I P 22.42.60
Section 22.10.030.Table 2-5, Commercial/Industrial district land uses and permit
requirements. of Article II, Title 22 of the City of Diamond Bar Municipal Code is hereby
amended to read as follows:
TABLE 2-5
ALLOWED USES AND PERMIT REQUIREMENTS FOR OFFICE ZONING DISTRICTS
Land Uses(1) OP OB (3) CO See standards in section:
RETAIL TRADE USES
Restaurant with outdoor dining MCUP MCUP MCUP 22.16.070, 22.42.080
Section 22.10.030.Table 2-6. Commercial/Industrial district land uses and permit
requirements. of Article II, Title 22 of the City of Diamond Bar Municipal Code is hereby
amended to read as follows:
TABLE 2-6
ALLOWED USES AND PERMIT REQUIREMENTS FOR COMM ERCIAUINDUSTRIAL ZONING
DISTRICTS
Land Uses(1)
C-1 C-2 C-3 I See standards
in section:
RETAIL TRADE USES
Retail sales
CUP
Restaurant with outdoor dining
MCUP MCUP MCUP 22.16.070,
22.42.080
(Modifications to Table 2-6 continued below)
TABLE 2-6
ALLOWED USES AND PERMIT REQUIREMENTS FOR COMM ERCIAUINDUSTRIAL ZONING
DISTRICTS
Land Uses(1)
C-1
C-2
C-3
I
See standards in
section:
RECREATIONAL, EDUCATION & PUBLIC ASSEMBLY USES
Schools —Private
CUP
CUP
Schools — Public
P
P
Schools — Specialized education
and training and non -degree
CUP
CUP
CUP
Studios — photograph, portrait, etc.
CUP
CUP
Section 22.16.140. Second kitchen. of Article III, Title 22 of the City of Diamond Bar
Municipal Code is hereby amended by adding the following and adding this section
number to the Table of Contents:
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 22.30.040 -Table 3-10. Number of parking spaces required. of Article III, Title 22
of the City of Diamond Bar Municipal Code is hereby amended by adding the following
land use and parking requirement:
TABLE 3-10
PARKING REQUIREMENTS BY LAND USE AND USE TYPE
Land Use Type
Vehicle Spaces Required
Recreation, education, public assembly:
Studios for art, dance and martial arts
1 space for each 150 sq. ft. of gross floor area and 1
space for each employee
Section 22.30.040 -Table 3-10, Number of parking spaces required. of Article III, Title 22
of the City of Diamond Bar Municipal Code is hereby amended by deleting the following
land use (Group Quarters) and parking requirement:
TABLE 3-10
PARKING REQUIREMENTS BY LAND USE AND USE TYPE
Land Use Type Vehicle Spaces Required
Residential Uses:
G rowers
Section 22.34. 030,.Single-family standards. of Article III, Title 22 of the City of Diamond
Bar Municipal Code is hereby amended by adding the following to read as:
(g) Display of holiday decorations and lights.
(1) Excepting Christmas, no holiday decorations or lights shall be displayed
on private property earlier than 14 days prior to a holiday or after 14 days
following a holiday.
(2) Holiday decorations or lights celebrating Christmas may be displayed on
private property stating November 15 and shall be entirely removed
therefrom by January 15.
(3) The display of Holiday decorations or lights during permissible times, as
stated in this subsection, shall be exempt from the requirements and
regulations of Chapter 22.26. — Sign Standards, unless they contain
commercial speech, in which case they shall constitute temporary signs
and be subject to that chapter.
(4) It shall be a public nuisance and unlawful for holiday decorations and
lights to be displayed on private property except at permissible times as
stated in this subsection.
Section 22.34. 040,.Multi-family standards. of Article III, Title 22 of the City of Diamond
Bar Municipal Code is hereby amended by adding the following to read as:
(i) Display of holiday decorations and lights.
(1) Excepting Christmas, no holiday decorations or lights shall be displayed
on private property earlier than 14 days prior to a holiday or after 14 days
following a holiday.
(2) Holiday decorations or lights celebrating Christmas may be displayed on
private property stating November 15 and shall be entirely removed
therefrom by January 15.
(3) The display of Holiday decorations or lights during permissible times, as
stated in this subsection, shall be exempt from the requirements and
regulations of Chapter 22.26. — Sign Standards, unless they contain
commercial speech, in which case they shall constitute temporary signs
and be subject to that chapter.
(4) It shall be a public nuisance and unlawful for holiday decorations and
lights to be displayed on private property except at permissible times as
stated in this subsection.
Section 22.34. 050..Commercial standards. of Article III, Title 22 of the City of Diamond
Bar Municipal Code is hereby amended by adding the following to read as:
(h) Display of holiday decorations and lights.
(1) Excepting Christmas, no holiday decorations or lights shall be displayed
on private property earlier than 14 days prior to a holiday or after 14 days
following a holiday.
(2) Holiday decorations or lights celebrating Christmas may be displayed on
private property stating November 15 and shall be entirely removed
therefrom by January 15.
(3) The display of Holiday decorations or lights during permissible times, as
stated in this subsection, shall be exempt from the requirements and
regulations of Chapter 22.26. — Sign Standards, unless they contain
commercial speech, in which case they shall constitute temporary signs
and be subject to that chapter.
(4) It shall be a public nuisance and unlawful for holiday decorations and
lights to be displayed on private property except at permissible times as
stated in this subsection.
(5) Prior to the installation of holiday decorations and lights, a permit shall be
obtained from the Building and Safety Division.
Section 22.34. 060,.Industrial standards. of Article Ili, Title 22 of the City of Diamond
Bar Municipal Code is hereby amended by adding the following to read as:
(h) Display of holiday decorations and lights.
(1) Excepting Christmas, no holiday decorations or lights shall be displayed
on private property earlier than 14 days prior to a holiday or after 14 days
following a holiday.
(2) Holiday decorations or lights celebrating Christmas may be displayed on
private property stating November 15 and shall be entirely removed
therefrom by January 15.
(3) The display of Holiday decorations or lights during permissible times, as
stated in this subsection, shall be exempt from the requirements and
regulations of Chapter 22.26. — Sign Standards, unless they contain
commercial speech, in which case they shall constitute temporary signs
and be subject to that chapter.
(4) It shall be a public nuisance and unlawful for holiday decorations and
lights to be displayed on private property except at permissible times as
stated in this subsection.
(5) Prior to the installation of holiday decorations and lights, a permit shall be
obtained from the Building and Safety Division.
Section 22.42. 120,.Second units. of Article III, Title 22 of the City of Diamond Bar
Municipal Code is hereby amended to read as following:
The purpose of this section is to implement State law and permit second units in certain
residential zones and to ensure that the second unit does not degrade the residential
neighborhood by overcrowding of streets, utilities, parks, open spaces and other
community facilities and downgrading the living environment in the City. This section
provides standards for the establishment of second units
(1) Second units shall 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.
(2) Number of units allowed. Only one second unit shall be allowed on a legal
single-family parcel. A single-family parcel shall not be allowed to have both
second unit and guest house.
(3) Site requirements. The parcel proposed for a second unit shall comply with all
the following requirements:
a. The parcel shall have a minimum area of 10,000 gross square feet and a
minimum buildable pad area of 8,000 square feet, a minimum width of 50
feet and a minimum depth of 100 feet; and
b. The parcel shall be developed with not more than one single-family
primary residence. The owner of the parcel must live in the primary
residence or the second unit, and shall demonstrate such occupancy to
the satisfaction of the City prior to issuance of permits.
(4) Location of second unit. A second unit may be within, attached to, or detached
from the existing primary residence. If detached, the second unit shall be located
within the rear portion of the subject parcel and shall be separated from the
primary residence a minimum of 10 feet. If attached to or within the primary
residence, a separated entrance shall be provided and said entrance shall not be
located on the front of the primary residential structure or facing the street on
which the primary residence fronts.
(5) Design standards. A second unit shall:
a. Not exceed 600 gross square feet in floor area if the parcel has these
dimensions:
Gross square feet 10, 000 to 20, 000
Buildable pad area 8,000 square feet
Minimum width 50 feet
Minimum depth 100 feet
b. Not exceed 1,200 square feet in gross floor area if the parcel is over
20,000 gross square feet with a minimum 10,000 square foot buildable
pad area.
C. Match the architectural style of the primary residence in design features,
such as but not limited to, materials, colors, roofing, scale, surface
treatments and details;
d. Utilize the same setback requirements as the primary residence; not
exceed one story or 15 feet in height as measured from the natural of
finished grade to highest area of the roofline; not exceed the maximum lot
coverage permitted in the zone where the subject lot is located; and the
design of the second unit shall not change the character of the
surrounding residential neighborhood;
e. Contain separate kitchen and bathroom facilities and have a separate
entrance from the primary residence; and
f. Contain no more than two bedrooms.
(6) Parking. One off-street parking space shall be provided for the second unit, in
addition to the required and existing parking provided for the primary residence.
Said parking space shall be accessible from the existing driveway approach.
Existing driveway may be widened to accommodate the one off-street parking
space pursuant to Code Section 22.30.080.- Driveways and site access.
(7) Rental of second units. A second unit may be rented, although rental is not
required.
(8) Sale or subdivision of a second unit. The sale or subdivision of a second unit
separate from the primary residence shall be prohibited.
(9) Utilities. Utilities serving the second unit (e.g., electricity, gas, sewer, and water)
shall be common to and dependent on the primary residence. The second unit
shall not be provided with separate metered utilities. Furthermore and prior to
the issuance of any City permits, the property owner shall submit written
certification from the affected water and sewer district that adequate water and
sewer facilities are or will be available to serve the proposed second unit. For
units using septic facilities allowed by the California Regional Water Quality
Control Board and the City, written certification of acceptability shall be
submitted.
(10) Covenant and Agreement. Prior to the issuance of any City permits, the owner of
record shall sign and record a Covenant and Agreement, in a form provided by
the City, which shall place future buyers on notice of the maximum size of the
second unit, the required amount of off street parking to be provided for the
second unit, that the second unit may not be sold, transferred or assigned
separately from the primary residence, that the owner of record shall reside on
the property and that such restrictions shall run with the land and be binding
upon all future owners.
(11) 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 residential 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 22.42.060. Guest houses. of Article III, Title 22 of the City of Diamond Bar
Municipal Code is hereby amended to read as following
This section establishes standard for the development and operation of guest houses in
zoning districts where guest houses are allowed in compliance with Article II (Zoning
Districts and Allowable Land Uses), and subject to the approval of the Director provided
all of the following standards are met:
(1) Intended use. A guest house, which may include only a sleeping area, living
area, and bathroom, is intended to provide temporary living quarters within a
detached or attached residential accessory structure, located on the same
premises with the primary residence, for use by guests of the occupants of the
premises, and shall not be rented or otherwise used as a separate dwelling.
(2) Development standards. The location and construction of guest houses shall
comply with the following standards and as such may be approved by the
Director:
a. Number. A guest house shall not be permitted on any parcel for which a
second unit has been permitted.
b. Location. A guest house may be within, attached to, or detached from the
existing primary residence. If detached, the guest house shall be located
within the rear portion of the subject parcel.
.c. Access. The location of a detached guest house shall provide minimum of
five-foot wide pedestrian access to the main development;
d. Site requirements. The parcel proposed for a guest house shall have a
minimum area of 10,000 gross square feet and a minimum buildable pad
area of 8,000 square feet, a minimum width of 50 feet, and a minimum
depth of 100 feet;
e. Floor area. The guest house floor area shall not exceed 600 square feet if
the parcel is between 10,000 and 20,000 gross square feet. For parcels
greater than 20,000 square feet, the guest house floor area may exceed
600 square feet but shall not be greater than 900 square feet or 30
percent of the existing living area of the primary residence, whichever is
smaller;
Architectural compatibility. The architectural style of the guest house in
design features, such as but not limited to, materials, colors, roofing,
scale, surface treatments and details shall match the primary residence.
g. Setbacks. The guest house shall: utilize the same setback requirements
as the primary residence; not exceed one story or 15 feet in height as
measured from the natural or finished grade to the highest area of the
roofline; not exceed the maximum lot coverage permitted in the zone
where the subject lot is located; and the design of the guest house shall
not change the character of the surrounding residential neighborhood;
h. Utilities. Utilities serving the guest house (e.g., electricity, gas, sewer, and
water) shall be common to and dependent on the main dwelling. The
guest house shall not be provided with separate metered utilities;
Plumbing and electrical installations. Plumbing shall be limited to that
required for a single bathroom, water closet, lavatory, and a shower or tub.
Electrical installation shall be limited to the minimum required for heating,
light, and ventilation. Line drawings shall be submitted for approval, and
shall delineate all plumbing and electrical installations proposed in
compliance with this standard;
j. Kitchens prohibited. The guest house shall not contain a kitchen or other
cooking facilities. For the purpose of this section, a kitchen or cooking
facilities are defined as to include, but not limited to, the following:
Cooking stove with or without an oven;
2. Hot plates;
3. Kitchen sink, cabinets and appurtenant plumbing;
4. Microwave or convection ovens; and.
5. All appurtenances, related to the above.
k. Number of bedrooms. The guest house shall not contain more than two
bedrooms.
Rental is prohibited. The guest house shall not be separately rented or
leased from the main dwelling, whether compensation is direct or indirect;
or otherwise used as a separate dwelling.
.m. Sale or subdivision of a guest house. The sale or subdivision of a guest
house separate from the primary residence shall be prohibited;
n. Covenant and Agreement. Prior to the issuance of any City permits, the
owner of record shall sign and record a Covenant and Agreement, in a
form provided by the City, which shall place future buyers on notice of the
maximum size of the guest house, that the guest house may not be sold,
transferred or assigned separately from the primary residence, that the
owner of record shall reside on the property and that such restrictions
shall run with the land and shall be binding upon all future owners.
Section 22.42.080. Outdoor display and sales standards. of Article III, Title 22 of the
City of Diamond Bar Municipal Code is hereby amended to read as following:
(3) Outdoor dining and seating areas. Outdoor dining and seating areas are allowed
subject to the approval of a Minor Conditional Use Permit, in compliance with
chapter 22.58 (Minor Conditional Use Permits) and the following standards:
a. Alcoholic beverage sales. Areas in which alcoholic beverages will be
served shall comply with the standards established by the State
Department of Alcoholic Beverage Control, and the following standards:
1. Accessible. The dining area shall be accessible from inside the
restaurant only, unless the director waves this requirement in
circumstances where this is not feasible or practical;
2. Physically defined. The dining area shall be clearly and physically
defined. It shall be clearly a part of the restaurant serves; and.
3. Supervision. The dining area shall be supervised by a restaurant
employee to ensure compliance with laws regarding on-site
consumption of alcoholic beverages.
b. Parking requirements. Outdoor dining and seating areas shall comply with
the following off-street parking requirements:
Parking calculations. Off-street parking requirements shall be
calculated in compliance with chapter 22.30 (Off -Street Parking and
Loading Standards). The director may reduce or waive parking
requirements for outdoor dining areas less than 400 square feet in
area that are operated on a seasonal basis; and
2. Additional off-street parking. Outdoor dining areas that are not part
of a specific restaurant, but are used in common with several
restaurants or tenants within a commercial center, shall not be
required to provide additional off-street parking for these common
outdoor areas.
C. Cleanup facilities. Outdoor dining areas, whether part of a restaurant or
seating in common, shall provide adequate cleanup facilities, and
associated procedures, in the following manner:
Cleaning schedule. Outdoor dining areas shall be cleaned on a
continual basis for removal of litter and food items which constitute
a nuisance to public health and safety; and
2. Waste receptacles. Outdoor dining areas shall contain waste
receptacles for use by the public and/or restaurant employees.
d. Design compatibility. Outdoor dining and seating areas are subject tc
compatibility with surrounding uses and a high standard of design quality,
the following standards shall be implemented:
Compatible elements. Outdoor dining and seating areas and
associated structural elements, awnings, covers, furniture,
umbrellas or other physical elements which are visible from the
public rights-of-way, shall be compatible with the overall design of
the main structure(s);
2. Entertainment. Outdoor dining and seating areas that provide
dancing, entertainment or amplified music shall require the
preparation of a noise analysis with appropriate mitigation
measures to ensure that noise levels will not exceed those
specified in chapter 22.28 (Noise Control);
3. Pedestrian experience. The use of awnings, plants, umbrellas and
other human scale elements is encouraged to enhance the
pedestrian experience;
4. Potential impacts. Outdoor dining and seating areas and their
relation to churches, hospitals, public schools and residential uses
shall be considered by the review authority. Proper mitigation
measures shall be applied to eliminate potential impacts related to
glare, light, loitering and noise;
5. Obstructions. Outdoor dining and seating areas shall not obstruct
vehicular or pedestrian traffic flow and not necessitate the removal
of existing pedestrian or vehicular movement areas;
6. Separation requirements. Outdoor dining and seating areas shall
be separated from residential uses, at a minimum distance of 200
feet, except in mixed-use projects;
7. Setbacks. Outdoor dining and seating areas shall be set back a
minimum of five feet from property lines or parking lots and shall not
encroach on to the public right-of-way.
8. Waste receptacles. Waste receptacles shall be provided in outside
seating areas, where and when appropriate.
9. Americans With Disabilities Act. Outdoor dining shall meet ADA
requirements.
e. One year review required. Minor Conditional use permits for outdoor
dining and seating areas are subject to review after one year, at which
time the director shall conduct a study to determine if adverse impacts
have resulted from the use. If none are found, then a permanent
conditional use permit may be granted.
The Director may wave the Minor Conditional Use Permit process for
outdoor dining in connection with an existing approved restaurant if the
outdoor dining does not exceed an occupancy of eight patrons and meets
the development standards in this section (Section 22.42.080. Outdoor
display and sales standards)
Section 22.48.040. Findings and decisions of Article IV, Title 22 of the
City of Diamond Bar Municipal Code is hereby amended to read as following:
A development review application shall be reviewed by the applicable review authority
identified in section 22.48.050 (Responsibility for development review), below and shall
not be approved, with or without condition, unless all of the following findings are made:
Section 22.50.060. Action by the director. of Article IV, Title 22 of the
City of Diamond Bar Municipal Code is hereby amended to read as following:
A temporary use permit may be approved, modified, conditioned, or disapproved by the
director, without the requirement for a noticed public hearing. The director shall not
approve, modified, or conditionally approved a temporary use permit application, for up
to one year, unless all of the following findings can be made:
Section 22.52.040. Action by the director. of Article IV, Title 22 of the
City of Diamond Bar Municipal Code is hereby amended to read as following:
The director, without the requirement for a noticed public hearing, shall record the
decision in writing with the findings on which the decision is based, in compliance with
state law, or may refer the application to the commission. A minor variance application
shall not be approved, modified, conditioned, or disapproved by the director unless all
the following findings can be made:
Section 22.54.040. Findings and decision. of Article IV, Title 22 of the City of Diamond
Bar Municipal Code is hereby amended to read as following:
Following a public hearing, the commission shall record the decision in writing with
findings on which the decision is based, in compliance with state law. The commission
shall not approve a variance application with or without conditions unless all of the
following findings can be made:
Section 22.56.040. Findings and decision. of Article IV, Title 22 of the City of Diamond
Bar Municipal Code is hereby amended to read as following:
Following a public hearing, the hearing officer shall record the decision in writing with
the findings on which the decision is based, or may refer the application to the
commission. The minor conditional use permit application shall not be approved, with
or without conditions, unless all of the following findings can be made:
Section 22.58.040. Findings and decision. of Article IV, Title 22 of the City of Diamond
Bar Municipal Code is hereby amended to read as following:
Following a public hearing, the commission shall record the decision in writing with the
findings on which the decision is based. The conditional use permit application shall not
be approved, with or without conditions, unless all of the following findings can be
made:
Subsection (b) of Section 22.80.010. Definition of specialized terms and phrases. of
Article VI, Title 22 of the City of Diamond Bar Municipal Code is hereby amended to
read as following:
(b) Definitions, "B". The following definitions are in alphabetical order:
Basement. Habitable and Non -habitable space within a structure where less
than one-half of the distance from its floor to ceiling is below grade. A basement
shall be considered a story.
Subsection (c) of Section 22.80.010. Definition of specialized terms and phrases. of
Article VI, Title 22 of the City of Diamond Bar Municipal Code is hereby amended to
read as following:
(c) Definitions, "C. The following definitions are in alphabetical order:
Cellar. Non -habitable space within a structure where one-half or more of the
distance from its floor to ceiling is below grade. A cellar shall be considered a
story.
Subsection (g) of Section 22.80.010. Definition of specialized terms and phrases. of
Article VI, Title 22 of the City of Diamond Bar Municipal Code is hereby amended to
read as following:
(g) Definitions, "G". The following definitions are in alphabetical order:
Guest house. A detached or attached structure of 300 square feet or more,
accessory to a single-family dwelling, accommodating living/sleeping quarter, but
without kitchen or cooking facilities. (Refer to Section 22.42.060.)
CITY COUNCIL
Agenda # 8.1
Meeting Date: Mar. 1, 2005
AGENDA REPORT
TO: Honorable Mayor and Members the City Council
VIA: Linda C. Lowry, City Manager
TITLE: APPROVE SENDING A LETTER TO THE NATIONAL PARK SERVICE REQUESTING
THAT THE CITY OF DIAMOND BAR BE REMOVED FROM THE SAN GABRIEL
RIVER WATERSHED SPECIAL RESOURCE STUDY AREA
RECOMMENDATION:
It is recommended that the City Council direct staff to prepare and send a letter to the National Park
Service as described in the title.
FISCAL IMPACT:
None
BACKGROUND / DISCUSSION:
In July of 2003, President Bush signed H.R. 2691, an Interior Department Appropriations bill that
included H.R. 519 by Rep. Hilda Solis. H.R. 519, the San Gabriel River Watershed Act, provides
funding for the National Park Service to conduct a study of portions of the San Gabriel River and the
San Gabriel Mountains to determine whether they meet the criteria for addition to the National Park
Service and offer recommendations for their protection.
The study area includes the San Gabriel River and its tributaries north of Santa Fe Springs. This
area includes the City of Diamond Bar and portions of the City of Chino Hills and Tres Hermanos
(see attached map). The study will also look at how the federal government could improve the area's
recreational and environmental opportunities, taking into consideration flood control, drainage and
public infrastructure needs.
There is a distinct possibility that a portion of the study area would be recommended for protection
from future development (i.e. roads) - the existing open space in Tres Hermanos being the potential
target. With that outlying possibility, the proposed Tonner Canyon Bypass Road could be in jeopardy.
On the other hand, being included in the study area could result in particular improvement projects
and/or funding to build or enhance recreation areas within the City.
The National Park Service has an open comment period through April 19th, 2005. During this time the
City of Diamond Bar can submit a letter requesting that it be removed from the study area.
Prepared by:
4W Z_
Jim arke, Legislative Analyst
Attachment:
San Gabriel River Watershed study area map
VOLUNTARY REQUEST ADDRESS THEC COUNCIL
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DATE:
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PHONE: �)
ORGANIZATION:
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I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my
name and address as written above.
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ORGANIZATION:
AGENDA #/SUBJECT:
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Signature
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