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5/2/2006
Tuesday May 2, 2006 5:30 p.m. — Study Session CC -8 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 Carol Herrera Mayor Pro Tem Bob Zirbes Council Member Wen Chang Council Member Jack Tanaka Council Member Steve Tye City Manager Linda C. Lowry City Attorney Michael Jenkins City Clerk Tommye Cribbins Copies of staff reports or other written documentation relating to agenda items are on file in the Office of the City Clerk, and are available for public inspection. If you have questions regarding an agenda item, please contact the City Clerk at (909) 839-7040 during regular business hours. In an effort to comply with the requirements of Title II of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting. Please refrain from smoking, eating or drinking in the Council Chambers. The City of Diamond Bar uses recycled paper and encourages you to do the same. DIAMOND BAR CITY COUNCIL MEETING RULES Welcome to the meeting of the Diamond Bar City Council. Meetings of the Diamond Bar City Council are open to the public and are cablecast live on Channel 3. You are invited to attend and participate. PUBLIC INPUT Members of the public may address the Council on any item of business on the agenda during the time the item is taken up by the Council. In addition, members of the public may, during the Public Comment period, address the Council on any consent calendar item or any matter not on the agenda and within the Council's subject matter jurisdiction. Persons wishing to speak should submit a speaker slip to the City Clerk. Any material to be submitted to the City Council at the meeting should be submitted through the City Clerk. Speakers are limited to five minutes per agenda item, unless the Mayor determines otherwise. The Mayor may adjust this time limit depending on the number of people wishing to speak, the complexity of the matter, the length of the agenda, the hour and any other relevant consideration. Speakers may address the Council only once on an agenda item, except during public hearings, when the applicant/appellant may be afforded a rebuttal. Public comments must be directed to the City Council. Behavior that disrupts the orderly conduct of the meeting may result in the speaker being removed from the Council chambers. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COUNCIL Agendas for regular City Council meetings are available 72 hours prior to the meeting and are posted in the City's regular posting locations, on DBTV Channel 3, and on the City's website at www.ci.diamond-bar.ca.us. A full agenda packet is available for review during the meeting, in the foyer just outside the Council chambers. The City Council may take action on any item listed on the agenda. ACCOMMODATIONS FOR THE DISABLED A cordless microphone is available for those persons with mobility impairments who cannot access the podium in order to make a public comment. Sign language interpretation is available by providing the City Clerk three business days' notice in advance of a meeting. Please telephone (909) 839-7000 between 7:30 a.m. and 5:30 p.m. Monday through Thursday and 7:30 a.m. to 4:30 p.m. on Fridays. HELPFUL PHONE NUMBERS Copies of agendas, rules of the Council, Cassette/Video tapes of meetings: (909) 839-7010 Computer access to agendas: www.ci.diamond-bar.ca.us General information: (909) 839-7000 THIS MEETING IS BEING BROADCAST LIVE BY ADELPHIA FOR AIRING ON CHANNEL 3 AND BY RLMAINING IN THE ROOM, YOU ARE GIVING YOUR PERMISSION TO BE TELEVISED. THIS MEETING WILL BE RE -BROADCAST EVERY SATURDAY AT 9:00 A.M. AND EVERY TUESDAY AT 8:00 P.M. ON CHANNEL 3. CITY OF DIAMOND BAR CITY COUNCIL AGENDA May 2, 2006 Next Resolution No. 2006-35 Next Ordinance No. 05(2006) STUDY SESSION: 5:30 p.m., Room CC -8 Budget 00.Discussion of City Manager's Draft FY 2006-07 General Fund ► Council Goals and Objectives for FY 2006-07 Public Comments CALL TO ORDER: 6:30 p.m. PLEDGE OF ALLEGIANCE: Mayor INVOCATION: Jim Price, Sr. Pastor, Diamond Canyon Christian Church ROLL CALL: Council Members Chang, Tanaka, Tye, Mayor Pro Tem Zirbes, Mayor Herrera APPROVAL OF AGENDA: Mayor 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Presentation of City Tiles to former Traffic and Transportation Commissioner Tony Torng and former Planning Commissioner Jack Tanaka. 1.2 Presentation of Certificates of Recognition to Students from Lorbeer Middle School for being named 2005-06 CADA/CASL Outstanding Activities Program for maintaining a balance of extracurricular activities. BUSINESS OF THE MONTH: 1.3 Presentation of City Tile to Dr. Michael S. Tracy, D.V.M. owner of Diamond Bar Veterinary Clinic as Business of the Month, May 2006 with slide presentation. MAY 2, 2006 PAGE 2 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. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Neighborhood Traffic Management Program Meeting — May 4, 2006 — 7:00 p.m. (for neighborhoods of Armitos PI., Between Pantera Dr. and Top Ct. and Pantera Dr. between Armitos PI. and Bowcreek Dr.) Diamond Bar Community Center Pine Room, 1600 Grand Ave. 5.2 Planning Commission Meeting — May 9, 2006 — 7:00 p.m., Auditorium, AQMD/Government Center, 21865 Copley Dr. 5.3 D.B. Chamber of Commerce — "Building Success in the Southeast San Gabriel Valley" — May 10, 2006 — 7:30 a.m. — 1:00 p.m., D.B. Center, 1600 Grand Ave. 5.4 Traffic and Transportation Commission Meeting — May 11, 2006 — 7:00 p.m., Hearing Board Room, AQMDIGovernment Center, 21865 Copley Dr. 5.5 City Council Meeting — May 16, 2006 — 6:30 p.m., Auditorium, AQMDIGovernment Center, 21865 Copley Dr. 5.6 Neighborhood Traffic Management Program Meeting — May 17, 2006 — 7:00 p.m. (for neighborhoods of Bent Twig Ln. and Adel Ave./Gerndal St.) Room CC -6, AQMDIGovernment Center, 21865 Copley Dr. 6. CONSENT CALENDAR: 6.1 City Council Minutes: 6.1 .1 Study Session of April 18, 2006 - Approve as submitted. 6.1.2 Regular Meeting of April 18, 2006 — Approve as submitted. MAY 2, 2006 PAGE 3 6.2 Planning Commission Minutes: 6.2.1 Regular Meeting of March 28, 2006 — Receive and file. 6.2.2 Regular Meeting of April 11, 2006 — Receive and file. 6.3 Traffic and Transportation Commission Minutes — Regular Meeting of January 12, 2006 - Receive and file. 6.4 Ratification of Check Register — Ratify Check Register containing checks dated April 14 through April 27, 2006 totaling $1,431,040.19. 6.5 Treasurer's Statement — month of March, 2006. Recommended Action: Review and approve. Requested by: Finance Department 6.6 Denial of Claims: 6.6.1 Filed by Frances Lopez on April 4, 2006. Recommended Action: Deny. 6.6.2 Filed by Cynthia K. Moeder on February 15, 2006. Recommended Action: Deny. Requested by: City Clerk 6.7 Approve Notice of Completion for Sully -Miller Contracting Co., Inc. for North Walnut Dr. Street Rehabilitation Project (Between the Westerly City Limits and Lemon Ave.) Recommended Action: Approve. Requested by: Public Works Department 6.8 Approval of Settlements for Two (2) Claims for Damages to City Property. Recommended Action: Approve Requested by: City Manager 7 MAY 2, 2006 PAGE 4 6.9 (a) Adopt Resolution No. 2006 -XX: Declaring the City's Intention to Levy and Collect Assessments for Landscape District No. 38 and Setting the Public Hearing for June 6, 2006. Recommended Action: Adopt. (b) Adopt Resolution No. 2006 -XX: Declaring the City's Intention to Levy and Collect Assessments for Landscape District No. 39 and Setting the Public Hearing for June 6, 2006. Recommended Action: Adopt. (c) Adopt Resolution No. 2006 -XX: Declaring the City's Intention to Levy and Collect Assessments for Landscape District No. 41 and Setting the Public Hearing for June 6, 2006. Recommended Action: Adopt. Requested by: Public Works Department 6.10 (a) Adopt Resolution No. 2006 -XX: Establishing a Compensation Plan Consisting of Salary Ranges and Benefits for All Classes of Employment Effective May 2, 2006; Rescinding Resolution No. 2006- 16 and Resolution No. 2005-36 in their Entirety Recommended Action: Adopt. (b) Adopt Resolution No. 2006 -XX: Setting Forth Personnel Rules and Regulations Regarding the Payment of Salaries, Sick Leave, Vacations, Leaves of Absences, and Other Regulations Effective May 2, 2006; Rescinding Resolution No. 2005-36 in its Entirety. Recommended Action: Adopt. Requested by: Human Resources Department PUBLIC HEARINGS: 7:00 p.m., or as soon thereafter as matters may be heard 7.1 Continued Public Hearing — Adopt Resolution No. 2006 -XX: Approving Modification to Condition No. 5.A(3) of City Council Resolution No. 2005-60 Approving CUP No. 2004-01, Development Review No. 2004--19 and Variance No. 2004-01. Recommended Action: Re -open Public Hearing, receive testimony and adopt. Requested by: Community Development Department MAY 2, 2006 PAGE 5 7.2 Public Hearing — To Appeal the Planning Commission's Decision to Modify CUP No. 2003-01, Eliminating the Entertainment Use Associated with Scribbles Grill and Restaurant Located at 245 Gentle Spgs. Recommended Action: Open the Public Hearing, Receive Testimony, Close the Public Hearing, and Adopt Resolution No. 2006 -XX Denying the Appeal and Upholding the Planning Commission Decision. Requested by: Community Development Department 8. COUNCIL CONSIDERATION: None 9. COUNCIL SUB -COMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: 10. ADJOURNMENT; City of Diamond Bar FY06-07 City Manager's Draft GF Budget City Council Study Session — 05/02/06 Revenues The current draft FY06-07 General Fund Budget estimates resources for the fiscal year of $20,182,310. Sales Tax and Sales Tax Compensation Fund — The Sales Tax Revenue estimates have been increased due to Target being operational for a portion of the year. Revenue from Other Agencies — This category of revenue has been abnormally high over the past two years due to a couple of factors. The City has exchanged Prop A — Transit funds for general fund revenues on three occasions. Another element of this has been the receipt of Federal funds for the construction of the Diamond Bar Center. The current budget includes no proposals to sell Prop A Transit Funds. Current Service Charges — Current Service Charges are higher due to the anticipated receipt of developer fees related to the Target center project and the Brookfield homes project. Appropriations The current draft FY 06-07 General Fund Budget estimates appropriations in the amount of $18,668,535. Personnel — A cost of living adjustment (COLA) to employee compensation of 4.5% has been included in the FY 2006107 draft budget. The COLA is based on the annual Consumer Price Index (CPI) percentage as issued by the Department of Labor, Bureau of Labor Consumer Price Index for Urban Wage Earners and Clerical Workers Los Angeles -Riverside -Orange Counties, California for the year ending in March 2006. Proposed Benefit Enhancements The City currently provides Life and Accidental Death and Dismemberment (ADD) insurance benefits in the amount of $50,000 for all benefit eligible employees and $10,000 for City Council Members. The proposed budget includes increased life and ADD insurance benefits. The benefit amount increases to $75,000 for eligible part-time and full time positions. The benefit amount increases to $150,000 for full-time exempt management positions and to $200,000 for full-time executive management positions. The total cost increase for this improved benefit is $4,020. City of Diamond Bar FY06-07 City Manager's Draft GF Budget City Council Study Session — 05/02/06 Page 2 Dental Insurance The City currently provides dental care insurance to benefit eligible employees. This coverage provides an annual maximum benefit amount of $1,000. An increase of the annual maximum benefit amount of $2,000 has been included in the FY 2006107 proposed budget. The annual cost for this dental insurance improvement is $4,500. Auto Allowance The City currently provides a monthly automobile allowance to City Council, City Manager, and Executive Management. The proposed budget includes the following changes: City Council from $250/month to $300/month Executive Management from $150/month to $250/month Exempt Management a new allowance of $120/month The cost of these increases is $17,400. Since the City Manager's auto allowance is covered separately under her contract no change in her auto allowance has been included. Benefit Allotment: The City currently provides a monthly benefit allotment of $820 for full-time non- exempt staff and $850 for full-time exempt staff and City Council Members. An increase of $50 to the monthly benefit allotment has been included in the FY 2006107 budget at a total cost of $33,400. In recent years the City Council has approved an increase of $25 to the monthly benefit allotment, with the exception of 2001 when the benefit allotment was increased by $25 then by an additional $20 in another action. Since 2003 health insurance premiums have increased by an average of 41.3% while the monthly benefit allotment has increased by 12.98%. The City has not yet received the 2007 Health Care rates, however it is anticipated that the costs will continue to rise. Decision Packages — There are a variety of Decision Packages currently being considered and evaluated for FY06-07. These have not been included at this time. Agenda No. SS#2 2006-2007 GOALS & OBJECTIVES RANKING SHEET Economic Development Work with Charles Co./Arman Gabay to get more high volume retailer to replace K-Mart/Develo K-Mart/Joll Ba el/Medical Center Block Create and implement a plan using economic development funds to secure long term revenue sources for the future of the City. Spell out the City's Economic Development Pian in 1, 5, and 10 year increments, and market the plan to the community Create strategic plan for creating a high quality commercial activity center for long term revenue source for City at the DB Golf Course. Evaluate Site D and work with owner to build a minimum of 50% commercial development Modify CiWs website to include all retail centers with of list of each businesstretailer located there so that residents know what businesses are located in DB Develop a Dynamic Center Create and implement business to business marketing program. Include questions about what retailers/stores/chains that residents want in Diamond Bar on new Citizen Satsfaction survey. Transportation Complete signal interconnect project and get the digital synchronization system up and running Maintain opposition to 60 Freeway truck only lane (unless as part of 57160 "final fix) Monitor and participate in the Lemon Avenue offramp project Continue to pursue 57160 long-term fix. Support ACE funding requests and construction of nearby rail grade crossing projects Review parking ordinances (including oversized commercial vehicles, RV parking, and vehicles exceeding 8000 pounds) from both LA County and surrounding cities, and develop a similar ordinance for the City to promote safety and maintain property values. Herrera Zirbes Chana Tanaka Tva nVn—u o",,.:-- 2 1 1 5 3 2 5 3 6 4 4 6 7 Herrera 3 2 4 1 11 7 3 2 2 1 3 2.4 1 3 5 2.$ 4 6 2 4 6 4 6 5.2 7 7 4 5.6 5 5 7 6.7 Zirbes Chana Tanaka Tuo nunr�ll0--L,;-- 1 4 2 3 1"i LV 2 2 4 1 2 2.6 3 1 3 3 3 6 5 3.2 5 5 4 48 6 4 6 5.6 Otherlssues Pursue library bond application for 2006 Pursue purchase of Lots 1 & 61. Expand sphere of influence to incorporate properties west and southwest of the city by creating a pre -annexation agreement for the Shell Oil Property and by establishing contiguous neighborhoods within City ZIP Code and WVUSD by annexing two existing housing tracts Create a strategy to build a fibra if State grant funding fails. Monitor and evaluate proposals for development in areas such as Tres Hermanos, Tonner C n., and the Shell Oil n, Ie, 4,. Pursue and promote joint development/use of facilities, parks, and open space with PUSD & WVUSD. Provide a conceptual outline (cost/benefit analysis) for the delivery of wireless internet service to the community, City of Industry Property at west end of Golden Springs & Calbourne for ark and Ci Yard 1 5-6 Acres Follow up with recommendations from the Youth Master Plan when completed. Implement Trails Master Plan focusing on areas around the new Diamond Bar Center. Master Sign Program within shopDing areas. Establish a fund for current library enhancements. Develop a tree replacement program for major streets (DB Blvd.; Pathfinder, Golden Springs, Grand, etc.). Break the City up into 5-10 zones, and each year, remove the pine and eucalyptus trees and replace with nicer trees Establish semi-annual Town Forums for citizens to discuss issues of concern including a Goal Setting Forum. Obtain Larkstone Parkagreement Implement Larkstone Park project (a portion of the park could be used as a natural "laboratory" for local schools, colleges, & universities). Establish contiguous neighborhoods within Citv ZIP code. Enhance scope of DBTV Channel 3 Establishment of City Public Works yard for equipment storage. Preserve Windmill located at the Ralph's Shopping Center by dedicating it as a historical landmark and pursuing ownership. Herrera 61 Zirbes Chang 2 Tanaka 2 Ty 4 4 2 6 16 1 Overall 3 5.8 1 15 10 14 3 1 1 14 1 3 5 6.2 7.2 2 15 5 8 11 8.2 10 11 8 4 8 8.2 5 3 7 20 7 8.4 13 6 12 10 2 8.6 12 4 10 3 19 9.6 17 11 13 7 in Progress 146 7 J 14 1 13 10.2 10.2 7 8 13 19 6 10.6 17 5 4 15 20 12.2 18 9 17 12 11 1 17 5 17 12 9 12.6 12.8 8 16 16 18 10 13.6 3 20 19 11 16 13.8 12 19 18 19 15 9 9 12 17 15 14.2 14.8 16 9 18 13 18 14.8 Agenda No. 6.1.1 CITY OF DIAMOND BAR CITY COUNCILSTUDY SU06 ESSION 8,20DRAFT STUDY SESSION: Mayor Herrera called the Study Session to order at 5:22 p.m. in Room CC -8 of the South Coast Air Quality Management District/Government Center, 21865 Copley Dr., Diamond Bar, CA. Present: Council Members Chang, Tanaka, Tye, Mayor Pro Tem Zirbes and Mayor Herrera, Also Present: Linda Lowry, City Manager; David Doyle, Assistant City Manager; Michael Jenkins, City Attorney; David Liu, Public Works Director; Bob Rose, Community Services Director; Nancy Fong, Interim Community Development Director; Kim Crews, Human Resources Manager; Anthony Jordan, Parks and Maintenance Superintendent; Fred Alamolhoda, Consultant Engineer; Kimberly Molina, Assistant Engineer; Ryan McLean, Senior Management Analyst; Ken Desforges, IS Director; Lt. Maxey, D.B.NValnut Sheriff's Department, and Tommye Cribbins, City Clerk. ► Discussion of Grand Avenue Median Landscape Plan ► Proposed Armed Forces Banner Program ► Urgency Ordinance — Operation of Medical Marijuana Dispensaries 1) DISCUSSION OF LANDSCAPING PLAN FOR GRAND AVENUE MEDIANS CSD/Rose reported that staff was preparing to install landscaping on Grand Ave. and that he wanted to make sure that Council understood that no turf was included in the plans and that the entire area from SR 60 to Longview Dr. would be landscaped with the same type of plantings along with 36 -inch box trees. CSD/Rose went on to state that the tree plantings are scheduled to commence the week of May 8-12 and with the remaining landscaping going in the following week. Responding to C/Tye, CSD/Rose stated that there were no plans to remove the trees from D.B. Blvd. to Longview if they can be preserved. Instead, staff plans to remove the turf and install different planting material to adhere to stricter water conservation by keeping the water within the median areas. M/Herrera pointed out that when the water flows onto the street it creates an unsafe and slick condition for motorists and erodes the asphalt. APRIL 18, 2006 PAGE 2 CC STUDY SESSION 2) PROPOSED ARMED FORCES BANNER PROGRAM CSD/Rose reported that it is staff's goal for Council to select a banner from the samples contained in the Agenda packet and to decide on the wording that would be placed on the banner. Item 8.2 on the Regular meeting agenda seeks approval of and funding for the program. M/Herrera said her personal preference was "D.B. Salutes". MPT/Zirbes liked the first example with the American flag but wondered how well it would transfer to the banner with it being much darker than the rest of the banner. M/Herrera asked how "D.B. Salutes" would be included on the first example. CSD/Rose responded that it required a taller banner so there would be space on the top for "D.B. Salutes" along with the name. MPT/Zirbes suggested deleting "Thank you for Serving" and dropping the name and the division down to the star with "D.B. Salutes" and the individual's name and division over the star. C/Tanaka liked sample 7 in the packet with either "Thank you for Serving" or "Thanks for Serving." When he drives through different cities the most important thing is to be able to read the name. Because flags are going to be on the poles anyway he felt it was not as important to have a flag in the banner but more important to have the red, white and blue with the star and the name being as large as possible in white with the branch of service and wording similar to Item No. 7. MPT/Zirbes asked what other flags C/Tanaka was referring to and whether he thought there would be American flags with the banners. CSD/Rose said that staff posts American flags on the boulevards during holidays so it was a matter of whether the Council wanted to post them more frequently or continuously. M/Herrera felt that white was easier to read than the blue on red. MPT/Zirbes said the Council would most likely want the one that reads the best. M/Herrera stated that she liked "D.B. Salutes", with the name and branch being included. She pointed to the sample she liked. With consensus of Council it was agreed that the banners would read "D.B. Salutes", with the name as large as possible in white with the branch of service and wording that reads the most appropriate. APRIL 18, 2006 PAGE 3 CC STUDY SESSION M/Herrera said that in determining the names of those serving staff should contact all of the local churches because she believed that each church had a list of people within their congregation who are serving. Discussion ensued about who should be included. With consensus of Council it was agreed not to limit the honorees. However, if the number of honorees reached 50, staff should come back to Council for further direction. 3) URGENCY ORDINANCE — OPERATION OF MEDICAL MARIJUANA DISPENSARIES. ACM/Doyle stated that the proposed urgency Ordinance regulates the use within the community of a medical marijuana dispensary. Staff has identified a number of issues concerning the health and safety of the community as well as that of the patients and caregivers. This Ordinance states that any entity that intends to operate this type of facility will be required to have a licensed security guard during all hours of operation. In addition, the hours of operation have been extended from 10:00 a.m. to 5:00 p.m., to 10:00 a.m. to 7:00 p.m. Monday through Saturday and Sunday from 12:00 noon to 5:00 P.M. to provide more flexibility. The Ordinance prohibits any type of onsite consumption and requires the operator to submit to a criminal background check. Additionally, staff inserted language providing that if Proposition 215 is found, by the Court, to be invalid the Ordinance becomes null and void and reverts to an illegal use. Furthermore, the Ordinance would require compliance within 60 days from the date of its adoption. MPT/Zirbes asked if the proposed Ordinance met the intent of Proposition 215. CA/Jenkins responded that he believed it did MPT/Zirbes asked if under Section 2h(2) should be changed to read only that the recipient could not consume the marijuana on the property. CA/Jenkins explained that the Ordinance attempts to convey to the user that the City wants the recipient to take the marijuana to a private place — not to a City Park, not to a parking lot, and not to some other public location. C/Tye said that while the ordinance limits the owner/operator, the City has no influence over the user. CA/Jenkins said that all the City could do was to require the owner/operator to notify people by posting signs telling them what they were supposed to do. Once recipients were outside of the establishment the owner/operator would no longer have any control over them. The goal was to get people to cooperate. MPT/Zirbes felt the language was too broad and would be more comfortable with language to the effect that there was "no loitering in or around the dispensary APRIL 18, 2006 PAGE 4 CC STUDY SESSION and no consumption of marijuana inside of the dispensary or in the parking lot of the establishment". ACM/Doyle referred Council to Section 2e indicating no onsite sales of alcohol and tobacco and no onsite consumption of any of the following. CA/Jenkins recommended a possible change to the Ordinance stating it could read: "...in the vicinity of the dispensary or in the parking lot." MPT/Zirbes said he would be more comfortable with that language. M/Herrera asked if the inclusion of the word "urgency" on the last page - Section 5 of 8.26.030, gave the Ordinance any special circumstances. CA/Jenkins said the wording would render the Ordinance immediately in effect once approved with no second reading required and no requirement to wait the usual 30 days. C/Tye asked why Section 2e and p appeared to be in conflict with respect to food. ACM/Doyle explained that there would be no consumption of food allowed but food could be sold. C/Tye asked about barring the sale of paraphernalia. CA/Jenkins said there was no such wording contained in the Ordinance and that the verbiage could be added if the Council chose to do so. MPT/Zirbes said he would add language to bar the sale of paraphernalia under Section 2e. CA/Jenkins offered the following language: "no onsite sales of alcohol, tobacco or pipes, papers, water pipes, vaporizers and other related paraphernalia." ACM/Doyle responded to MPT/Zirbes that Reverend Touhey was not happy about being the only provider in D.B. This individual has been personally affected and because he believes his time is limited he feels it is his calling to provide this type of relief to other patients. He is not here to make money or have a monopoly. He believes the product should be readily available. To date he has sold by appointment only. C/Tye wanted to know how Reverend Touhey would be able to comply with the requirement to have a licensed security guard if he did business by appointment only and whether the operation could be shut down if he did not comply. APRIL 18, 2006 PAGE 5 CC STUDY SESSION ACM/Doyle responded to MlHerrera that the dispensing of marijuana did not involve a prescription. The individual completes a form that authorizes him to use the medicine and a licensed physician signs the form. CA/Jenkins responded to MlHerrera that the dispensary must maintain an original form, not a copy. In response to MPTIZirbes Lt. Maxey explained that in the event an individual is questioned the signed form is the individual's defense and that there is a reasonable expectation that the individual has a right to possess the medicine when he has the form in his possession. Public Comments: None Offered. ADJOURNMENT: With no further business to come before the City Council, MlHerrera adjourned the Study Session at 5:58 p.m. Tommye Cribbins, City Clerk The foregoing minutes are hereby approved this day of , 2006. CAROL HERRERA, Mayor INUTES OF THE CITY COUNCIL Agenda No. 6.1.2 REGULAR MEETING OF THE CITY OF DIAMOND BAR APRIL 18, 2006 CLOSED SESSION: 5:00 p.m., Room CC -8 DRAFT Public Comments on Closed Session Agenda Items ► Government Code §54956.8 — Conference with Real Property Negotiators Property Negotiations: Address: Portion of Lot 13, Tract No. 3941 and, Portion of Lot 3, Tract No. 3941 Agency Negotiator: City Manager Negotiating Party: Robert R. Reed Family Trust STUDY SESSION: 5:22 p.m., Room CC -8, Government Center/SCAQMD Auditorium, 21865 Copley Dr., Diamond Bar, CA. ► Update on Grand Avenue Median Landscape Plans ► Proposed Armed Forces Banner Program ► Urgency Ordinance — Operation of Medical Marijuana Dispensaries M/Herrera adjourned the Study Session at 5:58 p.m. to the Regular City Council Meeting. CALL TO ORDER: Mayor Herrera called the Regular City Council meeting to order at 6:30 p.m. in The Government Center/SCAQMD Auditorium, 21865 Copley Dr., Diamond Bar, CA. CA/Jenkins reported that Council met in Closed Session at 5:00 p.m. to discuss one matter of negotiation of real property with the City's real estate negotiator. There were no public comments and no reportable action was taken during the Closed Session. M/Herrera reported that during the Study Session, Council received an update on the landscape plan for Grand Ave. medians; a proposed armed forces banner program; and, an urgency ordinance scheduled for tonight's agenda. PLEDGE OF ALLEGIANCE: INVOCATION: ROLL CALL: Zirbes and Mayor Herrera. M/Herrera led the Pledge of Allegiance. None Offered. Council Members Chang, Tanaka, Tye, Mayor Pro Tem APRIL 18, 2006 PAGE 2 CITY COUNCIL Staff Present: Linda Lowry, City Manager; David Doyle, Assistant City Manager; Michael Jenkins, City Attorney; David Liu, Public Works Director; Bob Rose, Community Services Director; Linda Magnuson, Finance Director; Nancy Fong, interim Community Development Director; Kim Crews, Human Resources Manager; Ken Desforges, information Systems Director; Ryan McLean, Senior Management Analyst, and Tommye Cribbins, City Clerk. APPROVAL OF AGENDA: M/Herrera asked that Item 8.1 be moved to immediately after 1. Special Presentations, Certificates and Proclamations. 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 M/Herrera proclaimed April 21, 2006 as "Asthma Awareness Day." Jim Starkey with State Senator Bob Margett's office presented a Resolution, as well as Jody Roberto with Assemblyman Bob Huff's Office who presented a Certificate of Recognition to Catherine Lawson, Lawson Healthcare Foundation. 8. COUNCIL CONSIDERATION: 8.1 ADOPT UGENCY ORDINANCE NO. OX(2006) GOVERNING THE OPERATION OF MEDICAL MARIJUANA DISPENSARIES AND DECLARING THE URGENCY THEREOF. ACM/Doyle reported that in 1996 California voters approved Proposition 215, the Compassionate Use Act of 1996, which allowed a patient with a doctor's recommendation to use medical marijuana. Medical marijuana is not distributed in pharmacies like other types of regulated medications, but dispensed via dispensaries. Currently, dispensaries are not an approved land use in D.B. Other communities that have had similar situations have been experiencing costly litigation as a result of not having this type of land use. The County of Los Angeles is going through a similar process to adopt an ordinance to regulate this type of land use in the unincorporated areas and it is staffs position that Council should take a position to adopt this type of land use so that the City can regulate the land use and protect the community. The Ordinance before Council deals with this type of land use and would allow for only one such dispensary to be located in the community. In addition, the Ordinance sets forth certain regulations and restrictions including requiring an onsite licensed security guard during operating hours; limits the hours of operation from 10:00 a.m. to 7:00 p.m. Monday through Saturday and 12:00 noon to 5:00 p.m. on Sunday; prohibits onsite and public consumption; and, prohibits the use and sale of paraphernalia. M/Herrera asked for Public Comment. There was no one present who wished to speak on this item. 4 5 APRIL 18, 2006 PAGE 3 CITY COUNCIL C/Zirbes moved, C/Chang seconded, to adopt Urgency Ordinance No. 04(2006) Governing the Operation of Medical Marijuana Dispensaries and Declaring the Urgency Thereof as revised. Motion carried by the following Roll Call vote: AYES. COUNCIL MEMBERS: Chang, Tanaka, Tye, MPT/Zirbes, NOES: COUNCIL MEMBERS: Nonerrera ABSENT: COUNCIL MEMBERS: None 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: None Offered. 3. PUBLIC COMMENTS: D.B. Library Reference and Young Adult College Prep Seminars and Practice SAT tests. On Thursday, May 11 Librarian, Mary Yogi, reported that the Library continues to offer Princeton Revat 6:30 p.m. iew the Library will hold a seminar entitled "Secrets to UC Admissions." The Friends of the D.B. Library will provide refreshments. On Thursday, April 20 the Library will hold a paper craft workshop for teens and adults. This Summer the Library will hold its Summer Reading Program that will include teens and adults. Larry Smith said that as an investment consultant he was concerned to read an article in the San Gabriel Valley Tribune citing D.B. as the only City in the San Gabriel Valley to suffer decrease in property values last year. During the previous few weeks he has spoken about the cultural and economic benefits of a new library for the City. During his research he has found reams supporting libraries enhance the standard of livingand support the findings that growth. He has not found a single artile to support the contention that libraries arbusinesses and e passe or a waste of time or money. He quoted from articles that spoke of the community benefits of libraries. Those individuals interviewed forthe articles noted that when a library was built the general economic health of the community was perceived to increase. The studies he reviewed showed that economic benefit of the community ranged from $2.50 to $7.50 for every $1.00 invested in a library. He believed that a new library could be a vehicle to galvanize and unite the City. Instead of just putting the item on the ballot he wanted each Council Member to support a new library. RESPONSE TO PUBLIC COMMENTS SCHEDULE OF FUTURE EVENTS: None Offered, 5.1 Public Scoping Meeting for Design Planning of Lemon Ave. On -Off Ramp, April 20, 2006 — 6:30 - 8:30 p.m., Room CC -6, AQMD/Government Center, 21865 Copley Dr. 5.2 Planning Commission Meeting — April 25, 2006 — 7.00 AQMD/Government Center, 21865 Copley Dr. p m Auditorium, APRIL 18, 2006 PAGE 4 CITY COUNCIL 5.3 Neighborhood Traffic Management Program Meeting —April 25, 2006— 7:00 p.m. (for neighborhoods of Cameron Crest Dr./Maple Spg. Dr., and Golden Prados Dr./Sabana Dr. along north side of Golden Spgs. Dr.) Diamond Bar Community Center Pine Room, 1600 Grand Ave. 5.4 Parks and Recreation Commission Meeting — April 27, 2006 — 7:00 p.m., Hearing Board Room, AQMD/Government Center, 21865 Copley Dr. 5.5 City Council Meeting — May 2, 2006 — 6:30 p.m., Auditorium, AQMD/Government Center, 21865 Copley Dr. 5.6 Neighborhood Traffic Management Program Meeting — May 4, 2006 — 7:00 P.m- (for neighborhoods of Armitos PI., Between Pantera Dr. and Top Ct. and Pantera Dr. between Armitos PI. and Bowcreek Dr.) Diamond Bar Community Center Pine Room, 1600 Grand Ave. 5.7 D.B. Chamber of Commerce — "Building Success in the Southeast San Gabriel Valley" — May 10, 2006 — 7:30 a.m. — 1:00 p.m., D.B. Center, 1600 Grand Ave. 5.8 Neighborhood Traffic Management Program Meeting — May 10, 2006 — 7:00 P.M. (for neighborhoods of Bent Twig Ln. and Adel Ave./Gerndal St.) Diamond Bar Community Center Pine Room, 1600 Grand Ave. 6. CONSENT CALENDAR: C/Chang moved, C/Tye seconded to approve the Consent Calendar as presented with corrections to Item 6.1.2. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Tanaka, Tye, MPT/Zirbes, NOES: COUNCIL MEMBERS: Nonerrera ABSENT: COUNCIL MEMBERS: None 6.1 APPROVED CITY COUNCIL MINUTES 6.1.1 Study Session of April 4, 2006 —as submitted. 6.1.2 Regular Meeting of April 4, 2006 — as corrected. 6.2 RECEIVED AND FILED PLANNING COMMISSION MINUTES — Regular Meeting of March 14, 2006 6.3 RECEIVED AND FILED PARKS AND RECREATION COMMISSION MINUTES — Regular Meeting of March 23, 2006. 6.4 RATIFIED CHECK REGISTER — containing checks dated April 6 through April 13, 2006 in an amount totaling $1,254,023.00. 6.5 REJECTED CLAIM — filed by Lana Kopchick on January 20, 2006. APRIL 18, 2006 PAGE 5 CITY COUNCIL 6.6 APPROVED NOTICE OF COMPLETION FOR THE 2005-06 COMMUNITY DEVELOPMENT BLOCK GRANT SIDEWALK INSTALLATION PROJECT ALONG THE WEST SIDE OF DIAMOND BAR BOULEVARD FROM SOLITAIRE STREET TO JUST NORTH OF THE CALTRANS PARK AND RIDE. 6.7 ADOPTED RESOLUTION NO. 2006-33: APPROVING THE APPLICATION FOR $272,000 OF LAND AND WATER CONSERVATION FUNDS FOR PHASE 111 OF THE SYCAMORE CANYON TRAILS PROJECT; AND, IF AWARDED, REQUIRES A $136,000 MATCH FROM THE CITY FOR THE SYCAMORE CANYON PARK TRAILS PROJECT FROM THE WATERFALL AREA TO THE BASE OF THE NEW TRAILHEAD. 6.8 ADOPTED RESOLUTION NO. 2006-34: OPPOSING AB2987 (NUNEZ) "THE DIGITAL INFRASTRUCTURE AND VIDEO COMPETITION ACT OF 2006" WHICH WOULD ESTABLISH A STATEWIDE FRANCHISE FOR CABLE AND VIDEO SERVICES. 6.9 APPROVED APPROPRIATION FROM GENERAL FUND RESERVES IN THE AMOUNT OF $17,500 TO INCREASE PLANTING SIZE OF TWENTY- FOUR (24) CAMPHOR TREES FROM 24" BOX TO 36" BOX AND AUTHORIZED TO ADD $17,500 TO THE 2005-06 FY CONTRACT WITH WEST COAST ARBORISTS TO PROVIDE AND PLANT THE TREES, INCREASING THEIR CONTRACT AMOUNT TO $252,625. 7. PUBLIC HEARINGS: 7.1 COUNTRY HILLS TOWNE CENTER — REQUEST TO MODIFY CONDITIONAL USE PERMIT 2004-01(1). (Continued to May 2, 2006). 8. COUNCIL CONSIDERATION (Continued from 8.1 considered earlier.) 8.2 APPROVAL OF ARMED FORCES BANNER PROGRAM AND APPROPRIATION OF $6,350 FROM GENERAL FUND RESERVES FOR THE FIRST YEAR OF THE PROGRAM. CSD/Rose reported that staff is seeking approval of the program and appropriations of $6,350 from the General Fund reserves to purchase up to 25 banners in the first year of the program. If this item is approved staff will collect names of D.B. residents and relatives of D.B. residents that are on active duty in the armed forces. These names will be posted on banners along Grand Ave. and Diamond Bar Blvd. during the time the individual remains on active duty. He showed a visual of the proposed banner. He asked residents to contact the Community Services Department at 839-7060 or Lorry Meyer at the Diamond Bar Center at 839-7070 to offer names of individuals. 7 , APRIL 18, 2006 PAGE 6 CITY COUNCIL CSD/Rose responded to MPT/Zirbes that information about the program and request for names would be provided through various resources as well as displayed on DBTV Channel 3 beginning tomorrow. Anna Cortez thanked the City Council for providing this program. C/Tye moved, C/Tanaka seconded, to approve the Armed Forces Banner Program and appropriate $6,350 from General Fund reserves for the first year of the program. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Tanaka, Tye, MPT/Zirbes, NOES: COUNCIL MEMBERS: Nonerrera ABSENT: COUNCIL MEMBERS: None RECESS: M/Herrera recessed the Regular City Council meeting to the Redevelopment Agency and Public Financing Authority Annual Meetings at 7:07 p.m. RECONVENED: M/Herrera reconvened the Regular City Council meeting at 7:12 p.m. 9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: MPT/Zirbes thanked staff on behalf of the community for the excellent City Birthday Party Celebration and for their many hours of dedicated work throughout the year as well as before, during and after the event. He, C/Tanaka and C/Tye attended the PUSD meeting this morning regarding ongoing negotiations between the City and the School District to make field improvements at Lorbeer. He thanked PUSD Board member and D.B. resident Andrew Wong for moving the matter along. MPT/Zirbes said he was very impressed with the School Board's willingness to work with D.B. and several of the Board Members expressed an interest in funding field improvements at their other D.B. schools. He thanked the residents for allowing him to serve the community and invited them to call him and any of the other Council Members with their concerns and comments. C/Chang said the City Birthday Party was a wonderful event and he applauded staff for their hard work and dedication. He attended the Volunteer Recognition Dinner hosted by the Sheriffs Station Booster Club. He and MPT/Zirbes serve on the Economic Development Committee and on April 11 they and staff members visited the Target site to make sure that construction was moving forward as planned for the scheduled opening date in October. Also several houses are under construction in the Brookfield Homes Development. He and MPT/Zirbes continue to meet as members of the Neighborhood Improvement Committee to ensure that properties in the City are being properly maintained. C/Tanaka thanked staff for their work on the City Birthday Celebration and the 23rd Annual Easter Egg Hunt. He also thanked all who worked at the Pancake Breakfast. C/Tanaka stated that he had a good time reading to elementary school APRIL 18, 2006 PAGE 7 CITY COUNCIL aged children at the Library during National Library Week. He was pleased to represent the City and Council at the Walnut/D.B. Sheriff's Stations' 16th Annual Volunteer Recognition Dinner. He attended Hershel Patel's Eagle Scout Ceremony and represented the City at the Chamber Mixer at Prospectors Credit Union. C/Tye stated that he, C/Tanaka, M/Herrera and C/Chang attended the Arbor Day Celebration at Pantera Elementary School. He congratulated Jordan Dang on his award-winning poster drawing honoring Arbor Day. He felt there were not enough words to praise staff for the wonderful Birthday Party. He appreciated MPT/Zirbes comments that the hours and hours and hours, the days and the weeks that go into the planning and putting it all together can be over in six hours. He said it was a pleasure to attend the Lions Easter Egg Hunt. He said it was his privilege to serve on the D.B. City Council and to represent the residents. He appreciated hearing from residents either by email, phone or letter. Residents have contacted him during the past week and issues are being addressed and resolved. He said he would like to invite residents to join him on Saturday, April 22 at Continental Burger on Gentle Springs. M/Herrera said that she too enjoyed all of the events others mentioned. Arbor Day was particularly fun for her and it is always great to go to Pantera Elementary School and see all of the kids be so enthusiastic. She said she had not remembered in past years that there were so many little skits as there was this year. She too thanked City staff for all of their hard work in putting together the City's Birthday Party, an event that takes a year of advance planning. Everyone had a great time at an event that is for the residents. ADJOURNMENT: With no further business to conduct, M/Herrera adjourned the Regular City Council meeting at 7:26 p.m. Tommye Cribbins, CITY CLERK The foregoing minutes are hereby approved this day of 2006. CAROL HERRERA, MAYOR Agenda No. 6.2.1. MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION MARCH 28, 2006 CALL TO ORDER: Chairman McManus called the meeting to order at 7:05 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Vice Chairman Nelson led the Pledge of Allegiance. 1 4. 0 ROLL CALL: Present: Commissioners Ron Everett, Kwang Ho Lee, Chairman Joe McManus, Vice Chairman Steve Nelson and Tony Torng. Also present: Nancy Fong, Interim Community Development Director; Sandra Campbell, Contract Senior Planner; David Alvarez, Planning Intern; and Stella Marquez, Senior Administrative Assistant; and Gregg Kovacevich, Assistant City Attorney. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None Offered. APPROVAL OF AGENDA: Chair/McManus announced that Agenda Item 7.3 would be continued to April 11, 2006. CONSENT CALENDAR: 4.1 Minutes of the Regular Meeting of March 14, 2006. C/Everett moved, C/Lee seconded, to approve the minutes of March 14, 2006 as corrected. Motion carried by the following Roll Call vote: AYES: NOES: ABSENT: 5. OLD BUSINESS: 6. NEW BUSINESS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: None None Everett, Lee, Torng, VC/Nelson, Chair/McManus None None MARCH 28, 2006 PAGE 2 7. CONTINUED PUBLIC HEARINGS: PLANNING COMMISSION 7A Development Review No. 2006-08 — In accordance with Chapter 22.48, this was a request to remodel and construct an addition of approximately 780 square feet of habitable space, deck, covered patio and an additional one - car garage to an existing single-family residence of approximately 2,730 square feet with an existing two -car garage. PROJECT ADDRESS: 409 El Encino Drive CA 91(Tract 27532, Lot 4) Diamond PROPERTY OWNER/ APPLICANT: Albert Luong, 409 EI Encino Drive Diamond Bar, CA 91765 TCDD/Fong presented staff s report and recommended Planning Commission approval of Development Review No. 2006-08, Findings of Fact, and conditions of approval as listed within the resolution. Albert Luong thanked staff for their assistance in preparing for the remodel and asked for Commission approval. C/Everett asked if Mr. Luang understood the condition regarding the driveway and whether it was acceptable to him and Mr. Luang responded that it would be no problem because he intended to enlarge the driveway. C/Torng said he liked the plan and thanked the applicant for submitting his proposal. Chair/McManus opened the public hearing. With no one present who wished to speak on this item, Chair/McManus declared the public hearing closed. C[Torng moved, C/Lee seconded to approve Development Review No. 2006-08, Findings of Fact, and conditions of approval as listed within the resolution. MARCH 28, 2006 PAGE 3 PLANNING COMMISSION AYES: NOES: ABSENT: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: Torng, Lee, Everett, VC/Nelson, Chair/McManus None None 7.2 Development Review 2006-07 and Minor Conditional Use Permit No. 2006-03 — in accordance with Chapter 22.48 this was a request for approval of plans to construct a first and second story addition of approximately 829 square feet to an existing one-story single family residence of 1,280 square feet. PROJECT ADDRESS: 2605 Rising Star Drive (Lot 9, Tract 25990) Diamond Bar, CA 91765 PROPERTY OWNER: Steven and Luzmaria Babbitt 2605 Rising Star Drive Diamond Bar, CA 91765 APPLICANT: Landmarks Design Charles Krausman 515 W. Commonwealth Avenue, Suite 211 Fullerton, CA 92832 PI/Alvarez presented staff s report and recommended Planning Commission approval of Development Review 2006-07 and Minor Conditional Use Permit 2006-03, Findings of t=act, and conditions of approval as listed within the resolution. PI/Alvarez responded to C/Everett that the applicant would remain in the dwelling and would install the proper safety fencing during the construction period. PI/Alvarez confirmed to VC/Nelson that the existing and proposed side yard setbacks were five and seven feet; that he believed the house was built in the 1950's and that the public hearing was properly noticed with no responses from the neighbors including the neighbor immediately adjacent to the property. Chair/McManus opened the public hearing. MARCH 28, 2006 PAGE 4 PLANNING COMMISSION With no one present who wished to speak on this item, Chair/McManus closed the public hearing. VC/Nelson said he agreed that it would be good to accommodate a family that wished to remain in Diamond Bar and in this instance his biggest concern would have been whether the neighbor was concerned about the setback variance. VC/Nelson moved, CILee seconded to approve Development Review No. 2006-07 and Minor Conditional Use Permit 2006-03, Findings of Fact, and conditions of approval as listed within the resolution. AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: VC/Nelson, Lee, Everett, Torng, Chair/McManus None None 7.3 Tentative Parcel Ma No. 061702 — In accordance with Chapter 21 of the City of Diamond Bar Development Code, the applicant requested the following approval: Tentative Parcel Map No. 061702 to subdivide one lot into three parcels. The project is consistent with an implementation of the Diamond Bar Village Specific Plan. PROJECT ADDRESS: West of Grand Avenue and South of Golden Springs Road Diamond Bar, CA 91765 PROPERTY OWNER: Target col etra on Minneapolis, MN 55403 APPLICANT: Pfeiler & Associates Engineers, Inc. 660 N. Diamond Bar Blvd Diamond Bar, CA 91765 ICDD1Fong reported that the applicant requested a continuance to April 11, 2006. Staff recommended that the Planning Commission open the public hearing, receive testimony and continue Tentative Parcel Map No. 061702 to April 11, 2006. Chair/McManus opened the public hearing. MARCH 28, 2006 PAGE 5 PLANNING COMMISSION With no one present who wished to speak on this matter, Chair/McManus continued the public hearing to April 11, 2006. C/Torng said he wanted more information about the project and ICDD/Fong responded that the development standards were established through the Specific Plan. She said staff would provide information about the percentage of landscaping being provided and further stated that the applicant met and exceeded the parking requirements. The City is doing the traffic mitigation and it would not be appropriate to revisit these issues at this time. With respect to "art," it was an item that the applicant had an issue — requiring an art object after the fact. In addition, when the applicant is available for the April 11 public hearing C/Torng would have an opportunity to ask the applicant his questions. TCDD/Fong said she would make an artists rendering of the new store available to C/Torng for his information. VC/Nelson said he was concerned about the parking on each of the individual lots and whether or not those were standalone. He wanted to avoid any possibility of these lots being separated at a future date with the parcels being separated, the reciprocal agreement becoming non-existent and ending up with uses that would not provide for adequate parking as in the case of the bank building location at the corner of Diamond Bar Boulevard and Grand Avenue. Additionally, he wanted to understand why Target maintains a corridor out to Golden Springs and why the subdivision was not set up to grant one parcel for Target with parking in front of the store and the other two parcels set up to share the remaining parking between the two parcels. 7.4 Conditional Use Permit 2004-01 Development Review 2004-19 and Variance 2004-02 — In accordance with Chapter 22 of the City of Diamond Bar Development Code, the applicant requested the following approval: a modification to the conditions of approval of City Council Resolution No. 2006-60 approving Conditional Use Permit No. 2004-01, Development Review No. 2004-19 and Variance No. 2004-02. PROJECT ADDRESS: Diamond Bar Blvd. between Northwest corner of Cold Springs Ln. and southwest corner of Fountain Springs Rd. (Country Hills Towne Center) MARCH 28, 2006 PROPERTY OWNER/ APPLICANT: PAGE 6 PLANNING COMMISSION MCC Realty Management 9595 Wilshire Blvd, Suite 214 Beverly Hills, CA 90212 CSP/Campbell presented staff's report and recommended Planning Commission adoption of a resolution recommending City Council approval of the modification to Conditional Use Permit No. 2004-01, Development Review No. 2004-19 and Variance No. 20.04-02. C/Lee said that this was a complicated issue, that there were too many items to consider this evening and that he would like to observe the content of the modification. He asked CSP/Campbell to explain in greater detail what the applicant wanted to do. CSP/Campbell provided the Commission with the applicant's timeline. ICDD/Fong explained that the applicant was seeking a change for only one condition and the rest of the conditions of approval would remain. CSP/Campbell said that the applicant would not be able to pull the permits for the three-story building until the market was occupied and in operation. The applicant is projecting three to four years. C/Torng said he received the letter today and wondered if the schedule was muddled. ICDDIFong said this was a schedule she asked Mr. McCarthy to produce for the Commission to demonstrate his commitment to completing the project. The consideration at the time of the original condition of approval was that the applicant did not have a market tenant so staff placed a condition guaranteeing that the applicant would be able to build the three- story building once he had a market tenant in place. At this point the applicant has a market tenant and that milestone has been achieved. The applicant is saying that now that he has the market he needs a little more flexibility to move tenants around in order to complete the renovation for the entire building. As a compromise he is requesting a second -story to allow tenants to move into while he is refurbishing their current occupied areas. ClEverett wondered if Item 4 on page 7 should be Item 5. ICDDIFong responded that Section 4 is Section 4 of the resolution. The Council condition is 5.A.(3). ClEverett asked if parts of this paragraph should be included within staffs recommendation motion and ICDDIFong responded that the action was for the Commission to recommend approval of the proposed revision to Council Condition n tation 3 would b stricken. ICDDIFong stated otiowould be torecommend approval MARCH 28, 2006 PAGE 7 PLANNING COMMISSION of the modifications of the condition to the Conditional Use Permit No. 5.A.(3) as recommended in the attached resolution. ACA/Kovacevich clarified that the motion would be to adopt a resolution recommending that the City Council approve a modification to Conditional Use Permit No. 2004-01 amending condition 5.A.(3) of the resolution in a manner set forth in the resolution provided by staff on page 7, Section 4.A.(3) of the resolution. Mike McCarthy gave a slide presentation of the proposed project. He explained that in order to keep the construction on a tight schedule it inconvenienced the current tenants who had to be relocated until their current space was refurbished or until new space was constructed to accommodate them. He further explained that his intent for requesting a modification to the Conditional Use Permit was to keep the project rolling while attempting to mitigate the apprehensions of the current tenants. C/Lee said he was concerned about the safety of shoppers during construction. Mr. McCarthy agreed and said there would be a lot of new covered pathways and signage during construction. Mr. McCarthy agreed with Chair/McManus that the area would be as safe as possible and that the idea was to move forward as quickly as possible so that for example, the framer would work continuously until his job was finished so that he would not have to return to the job site again and again as if it were being done piecemeal. The objective was to keep the subs on the jobsite until they finished so that the next subs could come in and finish their portion. CILee asked if Mr. McCarthy had a specific plan and whether the pian was ready now. Mr. McCarthy responded no but that it would be part of pulling a building permit and working with the Planning Department in devising a mutually acceptable plan. Chair/McManus said that at that point it was up to staff to monitor the applicant. ICDD/Fong agreed and said that as part of the plan check process staff would ask the applicant for a phasing construction plan that would provide a diagram of where construction would take place and how the parking and traffic flow would safely operate. In addition, the fire department and the building department would study the diagram to ensure safety during construction. C/Lee said he learned one thing from the Planners Institute. They said that Planning Commissioners have a right to ask questions about safety issues MARCH 28, 2006 PAGE 8 PLANNING COMMISSION and he believed the Commissioners needed to check those things too in addition to the Planning Department and the Building Department. He felt there would be a danger during construction and if he cannot see the plan how can he decide how to vote? So, his suggestion is that the applicant should submit a complete and specific plan for the safety of the shoppers so that he can then logically understand the overlap of the construction and the businesses. Otherwise, it is very difficult for him to understand. Chair/McManus said that if there were concerns during the construction phase the Commission could direct those concerns to staff. ICDD/Fong said it was staffs job to review the construction phasing plans. C/Lee said that at the same time it was the Commissioner's right also. He said he learned that from the Planners Institute. ICDDIFong explained that the Planning Commission gives direction to staff and staff implements the plan. If the Commission starts reviewing all plans then it is micro -managing the construction and overriding staffs function. The Commission's role is to tell staff that it is concerned about the safety of individuals visiting the center during construction and for the Commission to direct staff to require that the applicant submit a phasing construction plan with details providing for adequate safety measures during construction. VC/Nelson asked Mr. McCarthy what kind of leases the existing tenants had or did not have that would allow him to lease space they are currently occupying. Mr. McCarthy responded that tenants have either long-term or short-term/month-to-month leases. If the tenant has a short term or month- to-month Mr. McCarthy can lease their existing space. Currently there are four long-term leases for the entire project: H -Mart, Rite-Aid, Radio Shack and Baskin-Robbins. VC/Nelson found it difficult to believe that until recently Mr. McCarthy did not know that most of the tenants wanted to stay at the center when it was improved. Mr. McCarthy said he felt it was more of an oversight because shortly after he settled into planning and scheduling he was stuck with a couple of conundrums of existing tenants, their wanting to stay and what to da withthem askedh f MrowiltS McCarthy was okay withhould be done. And that is wstaff s hy he is here today. VC/Nelson proposed modifications and Mr. McCarthy responded that he was. C[Torng asked if the original project was proposed to be completed in about one or two years. He said he was concerned that it could take three or four years. Mr. McCarthy said he could not remember whether he had a particular schedule but the way the conditions read today the completion of the project was pretty much out l could be he end of 2006 ords because it depended the end of 2007. C/Tomg opened for business. MARCH 28, 2006 PAGE 9 PLANNING COMMISSION found confusion in the presentation that the market commencement date of March when later Mr. McCarthy said May. ICDD/Fong responded that the March date was for plan check and assuming plan check goes quickly Mr. McCarthy may get a permit in April and may commence construction in May. C/Torng said the document should indicate May. C/Torng asked if the schedule was based on approval of the revised Conditional Use Permit and Mr. McCarthy responded that it was. C/Torng asked if the tenants received a notice of this hearing and ICDD/Fong responded that they did not. C/Torng wondered if it was fair for the tenants not to be notified and ICDD/Fong responded that there was a sign posted at the site regarding the hearing. C/Torng said that he was hoping that with a motion to approve everything that Mr. McCarthy was working to help the existing tenants. Mr. McCarthy said that some of the tenants were not happy with the lease rate he was seeking and in a couple of instances the tenants planned to move. Some of the other tenants were okay with the lease rate because they liked the new development and they liked having a large Asian grocery store as their anchor. On the other hand, there are many proposals from people who wish to come into the center and provide the same uses as the existing tenants and in some cases within the same space. As a developer he is trying to work through all of those scenarios. At this point, there are no signed leases except for the four existing leases in the center. If a tenant wants to stay and have a good business he would like to have them stay. C/Torng said he hoped Mr. McCarthy could keep the existing tenants at the existing rate because he was told the new rates were twice the old rate. Chair/McManus said the Commission was wandering into an area that was outside of its venue because, however Mr. McCarthy wanted to run his business was his business. C/Torng asked if the theater area was going to be an arcade and Mr. McCarthy explained that "arcade" was an architectural term that related to the colonnade area, overhang and shop space. C/Everett asked for clarification of site areas. C/Everett said it would be helpful to him if Mr.. McCarthy showed the date of proposed completion along with the change versus the original proposed completion dates. Currently, the completion was projected to be 2008-09. Mr. McCarthy said that he has little control over the dates because the old condition was based on the tenant opening for business and he does not have control of that situation and the hurdle for him is that MCC is unable to get an occupancy permit until H -Mart opens for business. He can build but cannot pull an occupancy permit. ClEverett said it appeared that there were no changes to the use as approved except for two and then only a change in timing. The important condition was (e) on page 3 in that granting this modification would improve MARCH 28, 2006 PAGE 10 PLANNING COMMISSION i the operation of the existing business to allow them to relocate into the new two-story building for incubation purposes and granting the conditional use would not be detrimental to the public interest, health, safety and convenience or welfare. The only significant change is "timing" and as noted in Condition (k) "will allow continued operation of existing on-site businesses with less disruption from the proposed construction" and to him a win-win situation and the goodness that the applicant was seeking that would provide a benefit to the community. He believed that everything else remained the same. He asked if he was correct in his assumptions and ICDD/Fong and Mr. McCarthy confirmed C/Everett's assumptions. Mr. McCarthy responded to CILee that the construction schedule was tentative and flexible. Mr. McCarthy responded to CILee that the plan contemplates about 5,000 square feet of food court area with three to five owners. CILee said if the market got a permit the three to five food court owners should get a permit to move forward with construction. Mr. McCarthy explained that usually what happens is that the market gets its permit first and starts their build -out and prepares the food court area for construction. And then perhaps 60 to 90 days from opening the market the food user would probably pull the permit to build his smaller unit within the larger interior premises. CILee said that the food court owners could not get a Certificate of occupancy because they were food -related and then the three to five food court owners should get their permit. CILee said that Mr. McCarthy said that the permit processree to five foodlt that court four weeks was an extremely short period of time for th owners. C/t_ee said that Mr. McCarthy's timeline was not logical to him and it caused him to doubt Mr. McCarthy's credibility. He wanted a copy of Mr. McCarthy's application letter. Chair/McManus asked if it was common practice for the lessor to provide the basic tenant improvements with the lessee finishing his particular area. Mr. McCarthy responded that each case is different. However, in this case he is delivering a "warm shell" to the tenant with electrical and utilities stubbed in but not distributed. The tenant takes possession of the warm shell and builds it out with the applicant providing an allowance package for tenants to draw upon. Mr. McCarthy responded to Chair/McManus that he was not certain whether the subtenant would do the Tl or whether the master tenant would handle the TI for the smaller tenants. The schedule and all of the conditions are based on the market tenant (the master/major lessee) and does not apply to the smaller subtenants so the inconsistencies that CILee pointed out were not shown on the timeline because it was not tied to the applicant's MARCH 28, 2006 PAGE 11 PLANNING COMMISSION schedule. ICDD/l=ong said that even the City has no control over the tenant's timeline. If the project is under construction and the applicant continues to seek inspection the permit is valid. The schedule is flexible because there are a lot of unknown variables. in this case the applicant is making every best effort to move forward in a timely manner to get his shopping center renovated and to have the tenants occupy all of the spaces thereby assuring a viable and thriving shopping center for the residents of Diamond Bar. C/Lee said he understood the timeline was flexible and tentative but it should be logical. If there are multiple tenants they should go through the Conditional Use Permit process. ICDD/Fong responded that the tenant does not need to go through a Conditional Use Permit process. The applicant has an approved Conditional Use Permit to operate as a shopping. center and that the market including the food court was already approved. C/Lee asked if based on staffs experience four weeks would be reasonable and ICDDIFong responded that the first plan check turnaround time is about three weeks. The tenant improvement plan that the market submits is for interior improvements and not exterior improvements; the plan check process for interior improvements was much less involved that plan check for exterior improvements. C/l_ee felt that the applicant was presenting a best - case scenario and staff wanted the Commission to decide based on the best -case scenario but the Commission would like to see something a little more flexible and realistic so the Commission can make a logical decision. Mr. McCarthy said the estimate of four weeks was the time estimated for provide the warm shell. The time for completing tenants improvements has no bearing on this application because Mr. McCarthy has no control over that process even though he is concerned about the process. This request is for tearing down the existing space and rebuilding the 45000 square foot warm shell and it involves about three to four weeks of initial plan check. The entire process may take six to eight weeks. Chair/McManus opened the public hearing. With no one present who wished to speak on this item, Chair/McManus closed the public hearing. VC/Nelson asked how many of the tenants would be generating sales tax revenue to the City and Mr. McCarthy responded that the only exclusion to sales tax was food sales and services from the market; the rest of the retail would generate tax revenue. The market could generate $6-8 million dollars of taxable sales. Rite-Aid produces about $5 million in taxable sales and the MARCH 28, 2006 PAGE 12 PLANNING COMMISSION majority of the other uses would generate taxable sales (45-50,000 square feet) at $300 per foot. VC/Nelson asked how that would compare with the Target project and CDDIFong responded that a typical Target store generates about $500,000 in annual sales tax dollars and the Country Hills Towne Center project would generate somewhat less than the Target project. VC/Nelson said his point was that it was in the City's best interest to do everything possible to get this project on-line and get tenants in the center because it was not just good for the applicant and for the tenants that wished to stay in the center, it was also good for the City. ICDDIFong agreed that the faster the center was occupied the faster the sales tax would come back to the City. ICDDIFong responded to VC/Nelson that indeed the City was losing Diamond Bar Honda and was seeking ways to replace the lost sales tax revenue. VC/Nelson moved, C/Everett seconded to approve the modification to Condition 5.A.(3) of City Council Resolution 2005-60, approving Conditional Use Permit No. 2004-01, Development Review 2004-19 and Variance No. 2004-01, per Condition 4.A(3) of the Draft Resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: VC/Nelson, Everett, Lee, Torng, Chair/McManus None None g. PLANNING COMMSSIONER COMMENTS/INFORMATIONAL ITEMS: C1Lee reported that last week he attended the Planners Institute in Monterey. He had a good time and the seminar was very helpful to him. He encouraged other Commissioners to attend next year. He expressed his thanks to SAA/Marquez for her assistance in arranging the rental car and hotel accommodations and he said he appreciated ICDDIFong's scheduling of different seminars and choice of foods. He thanked C/Everett for imparting his long-term knowledge and wisdom. ClTorng said he visited Scribbles last Sunday (March 19) and the facility was closed. ICDDIFong said as far as she knew the club was still open and may have been closed only for the evening. C/Torng said he was happy for the City to have the Country Hills Towne Center and Target projects but he hoped the center would take care of its existing tenants. Hsed that o #enanlt it was ir that ts hadthe property come before the had raised the rents and he was surprised MARCH 28, 2006 PAGE 13 PLANNING COMMISSION Commission tonight to complain. Perhaps the Chamber of Commerce could assist in the negotiations between the tenants and the landlord. C/Everett said he has had a great month with the Planning Commission. He was privileged to attend the Planners Institute in Monterey last week and it was a "fire hose" of education for him on some very interesting concepts, terms and Commissioners' responsibilities and roles. He learned about NIMBY and YIMBY and talked about the 20 most asked questions. Over 900 individuals attended the seminar and he believed the majority of the cities were represented. As a result, there was a very diverse set of issues and he was most interested in the subject of "walk able cities." Monterey is a fine example of such a city. He also learned about the laws and more specifically AB 1234 and he was surprised that he qualified for his certificate in Ethics and Formal Responsibility in conjunction with the Law. He encouraged the rest of the Commissioners to be sensitive to AB 1234 and perhaps staff could report about additional requirements. He applauded the Commission for their 5-0 vote at the February 14 meeting because Form Based codes is the talk of the state and its future. He also heard about "Art in Public Places" that also has great value even to the point of generating tax revenues. He said if asked he would vote strongly in favor of both concepts based upon what he learned at the conference. The final seminar speech would have been an interesting topic to all of the Commissioners because it dealt with "Making Change Happen Fast." He asked staff to help him and the other Commissioners locate the website that contained the conference information. He thanked his colleagues and asked that the Commission keep the action moving forward and he thanked Mr. McCarthy and the residential applicants for their interest in investing in Diamond Bar. ICDD/Fong responded to Chair/McManus that the conference material would be made available on-line this year rather than on CD and that staff would prepare copies of the material from the website for all of the Commissioners. VC/Nelson said he was pleased the Commission took favorable action on the Country Hills Towne Center item. He said he was empathetic to individual and small businesses and he believed that this Commission owed an obligation to the community and to the City as a whole and the Commission could not forget the sake of the whole for the sake of one. He also felt that the Commission needed to be careful as it deliberated on matters like this in the future to make certain that the Commission was not trying to step in and act as a referee in business that the Commission had no business being involved in - arrangements between lessors and lessees is not within the Commissions purview. If it involves a particular use or change in use, then it is within the Commissions purview. The Commission must be very careful and as Commissioners express their concerns to staff they should trust MARCH 28, 2006 PAGE 14 PLANNING COMMISSION staff to follow through. When he was previously a Planning Commissioner the City had a fabulous staff and he was certain that it had not changed. One of the important keys to success was to trust staff to do their job on issues of safety for example. He was not implying that the Commissioners should not voice their concerns and let staff know where it wanted staff to focus but the Commissioners had to be careful to keep its business focused. Chair/McManus congratulated C/Everett on his achievement and tonight's report about his attendance at the conference. In the past public speakers have embarked on heated discussions about business practices and he has been forced to stop them because the applicant has rights that go with the project. He said that it was good to have a fully engaged Commission. g. STAFF COMMENTS AND INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future projects. 10. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. ADJOURNMENT: With no further business before the Planning Commission, Chair/McManus adjourned the meeting at 8:40 p.m. Respectfully Submitted, N ncy Fong Interim Comm ity Dev pmen�Dire�ctor Agenda No. 6.2.2 MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION APRIL 11, 2006 CALL TO ORDER: Chairman McManus called the meeting to order at 7:05 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Commissioner Torng led the Pledge of Allegiance. 1. ROLL CALL: Present: Commissioners Ron Everett, Kwang Ho Lee, Tony Torng, Vice -Chairman Steve Nelson and Chairman Joe McManus. Also present: Nancy Fong, Interim Community Development Director; David Doyle, Assistant City Manager; Ann Lungu, Associate Planner; Gregg Kovacevich, Assistant City Attorney; Stella Marquez, Senior Administrative Assistant Lt. Maxey and Sgt. Sachs, Diamond Bar/Walnut Sheriff Department. 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 March 28, 2006. C/Everett moved, C/Torng seconded, to approve the minutes of March 28, 2006, as corrected. Motion carried by the following Roll Call vote: AYES: NOES: ABSENT: 5. OLD BUSINESS: 6. NEW BUSINESS: COMMISSIONERS COMMISSIONERS COMMISSIONERS None. Everett, Torng, Lee, VC/Nelson, Chair/McManus None None 6.1 GOVERNMENT CODE SECTION 65402 — Resolution of the Planning Commission finding that the sale of surplus property is in conformance with the General Plan (GC §65402). APRIL 11, 2006 PAGE 2 PLANNING COMMISSION ICDD/Fong presented staff's reportand asked thatthe Planning Commission find that the sale of surplus property was in conformance with the City's General Plan. VC/Nelson asked if the property was original set-aside in association with the development of the tract and ICDDIFong explained that the City purchased the land at auction when the private property owner defaulted. It was not part of the park or open space development requirement. VC/Nelson asked the appraised value of the property and what percentage of the budget went toward the purchase. ICDD/Fong responded that the appraised value was confidential information. ICDD/Fong responded to C/Everett that the property is contiguous to but not part of Summitridge Park. The property is zoned Residential. C/Everett said he was concerned that a continuous stream of revenue would seem to him to be preferable. He asked if a change in use would require a zoning change because he thought the City was in a critical situation for lack of open space. ICDD/Fong responded that the 1.27 acres was too small to be included in open space and the City could use the funds to purchase other open space areas to create more parkland. C/Torng asked if this piece of land was being considered for a community swimming pool and ICDD/Fong responded "no." C/Torng agreed that the City needed the money. VC/Nelson moved, C/Everett seconded to adopt a resolution finding that the sale of surplus property was in conformance with the City's General Plan. Motion carried by the following Rall Call vote: AYES: COMMISSIONERS NOES: COMMISSIONERS ABSENT: COMMISSIONERS 7. CONTINUED PUBLIC HEARINGS: VC/Nelson, Everett, Lee, Torng, Chair/McManus None None 7.1 TENTATIVE PARCEL MAP NO. 061702 — In accordance with Chapter 21 of the City of Diamond Bar Development Code, the applicant requested the following approval: Tentative Parcel Map No. 061702 to subdivide one lot APRIL 11, 2006 PAGE 3 PLANNING COMMISSION into three parcels.. The project is consistent with and an implementation of the Diamond Bar Village Specific Plan. (Continued from March 28, 2006) PROJECT ADDRESS: PROPERTY OWNER West of Grand Avenue and South of Golden Springs Drive Diamond Bar, CA 91765 Target Corporation 1000 Nicollet Mall Minneapolis, MN 55403 APPLICANT: Pfeiler & Associates Engineers, Inc. 660 N. Diamond Bar Boulevard Diamond Bar, CA 91765 ICDD/Fong presented staff's report and recommended that the Planning Commission adopt a resolution recommending City Council approval of Tentative Parcel Map No. 061702 to subdivide one lot into three parcels. C/Torng thanked staff for providing additional information in its report. He asked that April 26, 2006, be corrected to April 26, 2005 on page 2, third paragraph of the report. He felt it was mysterious that the previous decision included only 20 parking spaces for Parcel 3 and believed it would create problems for the future because Target would have a lot of business. ICDD/Fong responded that depending on the future use additional parking spaces may be required and staff would work with Target toward a solution. Parcel 3 has a reciprocal agreement for parking and that parcel may use some of the Target parking spaces. In response to C/Everett, TCDD/Fong said that with respect to Item (10) on page 6, an association would be formed prior to a final map approval. C/Everett felt the association should be set up sooner rather than later. ICDD/Fong explained that typically, the CC&Rs provide criteria for forming an Association. The City Attorney approves the CC&Rs prior to City Council approval and recordation with the County. C/Everett asked if "when" should be included and ICDD/Fong said that the Commission could add "prior to the final map" on item (10). ClEverett said that following language should also be added: "shall be recorded with the final map." ClEverett pointed out that the items on page 6 after Item (5) needed to be renumbered. APRIL 11, 2006 PAGE 4 PLANNING COMMISSION VC/Nelson speculated that due to the parking configuration Target wanted to maintain a window onto Golden Springs Drive and if so, could that be accomplished by way of an easement that would provide for parking only. He asked if there was any scenario or circumstance that might come before the City for approval under which a particular use could come in to parcel 3 and; for whatever reason Target and the new owner of Parcel 3 disagreed about the reciprocal parking agreement, the parking would be separated with each parcel standing on its own. ICDD/Fong responded that because the reciprocal agreement was a condition of the tentative map it runs with the land and the property owner would have to get approval from the City in order to change the reciprocal parking condition. C/Lee asked if the installation of public art was mandatory, voluntary or discretionary. ICDD/Fong responded that because this was a tentative map it could be discretionary. The City has an ordinance that recommends placing art in public places. If the project were conditioned for art it would be mandatory. C/Lee asked by what standard the condition was removed. ICDD/Fong stated that the item was continued and no action was taken; thus, a condition was not imposed. And, the applicant asked that the proposed condition be removed due to cost and staff complied. The Planning Commission has the authority to impose such a condition. C/Lee asked if the applicant said how much it would cost and ICDD/Fong said that the Target project was already over budget. Doug Cooper, Greenberg Farrow Architects, 15101 Red Hill Avenue, Tustin, consultant for Target, explained that the reason Target requested the condition for art be removed was because the project is approaching $1 million over budget. In addition, Target annually contributes about 5 percent of its corporate federal taxable income to community involvement programs that include education, arts, social services and community partnerships. Mr. Cooper responded to Chair/McManus that the project was over budget due to additional off-site requirements and increases in construction costs. Chair/McManus said he understood the additional costs reached into the six - figure bracket. Mr. Cooper agreed. C/Torng said this would be a major development for Diamond Bar and felt it would be even more attractive for the business to have an art piece at a major intersection of the City. He asked Mr. Cooper if there was a possibility that in the future art could be added. Mr. Cooper responded that it might be possible through the community involvement program but as a construction cost the budget would not allow it. APRIL 11, 2006 PAGE 5 PLANNING COMMISSION ICDD/Fong responded to C/Torng that in the future the Development Code could be modified to clarify the timing for a development to provide an art piece and even further specify the size and type of development that would include art. Chair/McManus recommended that through the sale Mr. Cooper could possibly include placement of an art object. Mr. Cooper responded that such a requirement might create an adverse response from a potential buyer. ICDDIFong explained that the Planning Commission would have another opportunity to ask a corner restaurant applicant whether they would like to include a fountain at the corner as a special architectural treatment, for example. Chair/McManus opened the public hearing. With no one present who wished to speak on this item, Chair/McManus closed the public hearing. C/Everett said he was disappointed about art not being included. However, he respected the applicant's position. Finding no errors or problems based upon the process to date he offered the following motion: C/Everett moved, C/Torng seconded to approve Tract Parcel Map No. 061702 to subdivide 13.69 acres into three parcels as outlined in the recommended resolution as amended. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Everett, Torng, Lee, VC/Nelson, Chair/McManus NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 7.2 CONDITIONAL USE PERMIT NO. 2003-01 — Originally approved on May 27, 2003, to allow for the operation of a restaurant and bar with entertainment (i.e., entertainment shall only include a jazz band, guitarist and pianist on a small stage within the bar; and a DJ with dancing for banquets and private parties held within the banquet room) at the location referenced below. Condition No. 5(o) of the Conditional Use Permit requires that the City periodically review the operation to assure compliance with conditions of APRIL 11, 2006 PAGE 6 PLANNING COMMISSION approval and to consider whether to modify, add conditions as necessary, or revoke the permit. (Continued from March 14, 2006) PROJECT UNDER REVIEW PROPERTY OWNER: APPLICANT: Scribbles Grille & Restaurant 245 Gentle Springs Lane Diamond Bar, CA 91765 P.N. Patel, Ratan Hospitality, LLC 1205 W. Sierra Madre Avenue Glendora, CA 91765 Rai Astavakra 6226 N. Calera Avenue Azusa, CA 91702 ACA/Kovacevich said he was present this evening to represent the Planning Commission and has had no contact with staff regarding this item. Tonight the Planning Commission resumes a public hearing that was opened on March 14, 2006, and continued to tonight's meeting. Upon conclusion of staffs report each Commissioner should present his disclosures to disclose into the record whether the Commissioner has gathered any evidence outside of the packet and public hearing information. Fallowing the disclosures the meeting will move to the public testimony portion of the hearing. Generally, the applicant is given about 15 minutes to testify and should be notified about the ground rules prior to giving testimony including rebuttal. Other interested members who wish to speak are given up to five minutes each. ACA/Kovacevich recommended strict adherence to the time limits. Questions from Commissioners should be offered following the speaker's testimony so as not to interrupt their allotted time. At the end of the public testimony the Chairman will close the public testimony portion of the public hearing to begin deliberation. At any point during deliberations the Commission may direct questions to staff, the applicant and any member who previously offered testimony. Tonight's issue for the Commission is whether it feels there is substantial evidence in the record to support findings necessary for revocation or modification of the Conditional Use Permit pursuant to Chapter 22.76. ACA/Kovacevich referred the Commissioners to page 6 of staffs report wherein staff sets forth evidence in support of its recommendation. TCDD/Fong presented staffs report and indicated that two issues were before the Commission: 1) To determine whether the business was operating APRIL 11, 2006 PAGE 7 PLANNING COMMISSION in accordance with the Conditional Use Permit that was approved in May 2003; and 2) was the business a public nuisance and is it a threat to the public health, safety and welfare. ICDD/Fong recommended that the Planning Commission reopen the public hearing, receive testimony and direct staff accordingly. Lt. Maxey stated that response information was included in the Commissioners' packets and that he and Sgt. Sachs and other officers have responded to Scribbles on numerous occasions, usually in the aftermath of problems that have occurred on the site to determine whether the issues could be prevented from reoccurring. What he has seen and what he has discovered is that there is a huge volume of people and when an event is over they congregate in adjacent parking lots such as Kmart and whatever problems occur usually occur at that location. The local Sheriffs Department has a limited amount of resources and the deployment is heavy and focused during incidents that have occurred at Scribbles and crime in the City is focused at the Scribbles parking lot. As a result, the rest of the community remains at will during the time the department is focused at Scribbles and this scenario creates a public safety issue for the entire community. Sgt. Elizabeth Sachs said she works the 10:00 p.m. to 6:00 a.m. shift. Generally, the four available units are dispatched to Scribbles until about 2:00 a.m. because the department knows that if a problem were to occur it would likely happen between 1:00 a.m. and 2:00 a.m. in the Kmart (overflow) parking lot. She said that her department believes there is going to be a bigger problem than has occurred to date because there is a lot of drinking including under -aged drinking and individuals who drink before entering the business. Individuals congregate in the Kmart parking lot and there is a sea of beer, whiskey and other hard liquor bottles left in the parking lot by the time the parking lot empties out at about 2:00 a.m. She said she has personally responded to incidents where during fights bottles were thrown creating a safety hazard for the patrons, the deputies, and the adjacent family -type businesses. At times there are about 600 people that patronize the very successful club to enjoy the music and atmosphere. The problem is that patrons leave at the same time and the department's goal is to have everyone leave the site without a problem. Unfortunately, there are usually problems and she believes there would be even more problems without the presence of the officers. Her 17 years of experience with the department leads her to believe that with the mix of alcohol, young patrons, etc., there would be even bigger problems than what the City had experienced so far. Some of the injuries she witnessed were broken eye sockets, split lips, APRIL 11, 2006 PAGE 8 PLANNING COMMISSION people hit with bottles, windows broken, etc. One man was brandishing a baseball bat to fend off other patrons. The security inside the facility is good. However, once the patrons exit the club they are out and about in the City and it is up to the four units and the supervisor to rein everyone in. She has witnessed street racing, bad collisions, etc. She reiterated that many of the patrons were becoming intoxicated outside of the club in the overflow parking area. Most of the problems occur on Thursday evenings. And she again reiterated that in her opinion, it was a "time bomb" and needed to be addressed. Chair/McManus asked Sgt. Sachs if when the officers were called to the scene they contacted Scribbles to make them aware of the incident and of their presence and Sgt. Sachs responded yes, most of the time. She again stated that most of the time Scribbles was very cooperative and that most of the calls come from outside of the club and from the overflow parking across the street from the club's parking area (Kmart parking lot). TCDD/Fong responded to Chair/McManus that the maximum occupancy of the building is 580. She believed that at times there were possibly 100 to 200 people outside of the building after Scribbles had closed its doors because it has reached maximum capacity. And the overflow patrons have caused additional public safety issues. C/l_ee asked if the City had taken any action against the businesses inappropriate actions and TCDD/Fong said that tonight's hearing was the first step. ICDDIFong responded to C/Everett that a copy of staffs report was provided to the business owner and to the property owner. Lt. Maxey responded to C/Everett that an individual who is victimized has a right to decide whether to file charges, which dictates what the department does in response. If a traffic accident occurs the suspect has no say in the matter because the department enforces those laws. Sgt. Sachs said she had witnessed substantial injuries and the victim did not want a police report filed. In such cases the department cannot force individuals to become documented victims. C/Torng felt that due to the number of problems the City should have started its review earlier. ACA/Kovacevich explained that whatever decision the Commission made this evening would be appealable to the City Council. APRIL 11, 2006 PAGE 9 PLANNING COMMISSION ICDD1Fong stated that the applicant could reapply for a Conditional Use Permit and it would be subject to the Commission's review. She responded to C/Torng's statement about responding earlier that staff received complaints and sent a letter to the applicant in late 20041early 2005 reminding him that the Conditional Use Permit allowed limited entertainment only. C/Torng said he drove the area on a Sunday to become familiar with the site. Since Scribbles was not open he saw no crowds. C/Everett said he too did a drive through during the day to confirm staff's map and layout. There were no other Commissioner disclosures offered. ACM/Doyle wanted the Commissioners to understand that during certain hours on Thursday nights every law enforcement resource that the City had was dedicated to this single operation which meant that there were no law enforcement patrols or other types of criminal deterrence taking place in other parts of the community. Bottom line is that this is a significant drain on the City's public safety resources and creates an issue for the health, safety and welfare for the balance of the community. The Sheriffs Department responds to specific issues but is unable to patrol as usual when they are dedicating their resources to this problem. Therefore, it is not a matter of responding to a series of incidents it is a matter of dedicating every public safety resource available to Diamond Bar as well as drawing from other adjacent communities to address this situation almost every Thursday night. Chair/McManus announced that the applicant would be given 15 minutes to speak and that public speakers would be limited to five minutes each. Frank Weiser, Attorney, 3400 Wilshire Boulevard, Suite 903, Los Angeles raised the following objections and asked that the hearing be continued because he was hired last night and because the partners and property owner received their copies of the staff report on Saturday. He said he understood the hearing was continued from March 14. However, the owner was out of the country. Due process requires that the applicant be given meaningful opportunity and notice to be heard. He cited cases involving due process. In addition, the applicant is entitled to copies of the underlying reports referred to during tonight's meeting and in staff's report so that he can adequately prepare his defense. Mr. Weiser said he was concerned that APRIL 11, 2006 PAGE 10 PLANNING COMMISSION given the evidence presented so far this evening that there was no formal notice given to the applicant. He heard Sgt. Sachs say that Scribbles had been cooperative when notified about some of the alleged problems. However, his client tells him that he was never given formal notice of any of the charges and never told in writing that there was a problem that would cause his Conditional Use Permit to be modified or revoked. State law (Health and Safety) requires that the applicant be given notice and an opportunity to correct the problem before he is put out of business. He submitted evidence that the applicant had invested more than $900,000 in the property and in accordance with state law (Goat Hill Tavern vs. City of Costa Mesa) a Conditional Use Permit and the amount of investment is a fundamental property interest. He asked if the City was proposing mitigation measures. He asked for fundamental fairness. Raj Astavakra, applicant said that he had not received one citation for exceeding the maximum occupancy. In 2004 there were no incidents. In 2005 there were incidents cited and no citations issued. He said he was very surprised at the allegations. People who live in the condominium complex complain that the gate was lifted by one of his patrons and how do they know it was one of his patrons. They also complain about ladies changing clothes in front of the complex and he was never told about such incidents. The problem of someone speeding down Diamond Bar Boulevard and elsewhere in the City does not necessarily come from Scribbles patrons. There are fights at Acapulco and inside Oak Tree Lanes and there was even a murder at that location and nothing happened. He felt like a victim when he was given a letter on Friday that contained complaints from the Sheriff's Department. The Sheriffs Department has not given him a letter or any type of document that says he violated his Conditional Use Permit. He asked the Commission to give him a chance to respond to the City's complaints and said he would respond honestly and to the best of his ability. CILee said he was concerned that the Conditional Use Permit was based on certain conditions and the conditions were promises between the applicant and the City. If the applicant does not comply there is no foundation for the Conditional Use Permit. Staff reports so many findings such as Item d, "that the permit was obtained by misrepresentation or fraud;" and c— "one or more of the conditions of the permit have not been met or have been violated." Is it true or false? Mr. Astavakra responded "it is false, sir." He said he does not run just a club. He has a sit down restaurant with a band playing in accordance with his Conditional Use Permit. If someone rents his place and hires a DJ they can have any kind of music they wish. CILee asked APRIL 11, 2006 PAGE 11 PLANNING COMMISSION Mr. Astavakra if he has complied with the conditions of his permit and Mr. Astavakra responded "yes" and said that he could charge whatever admission he felt was appropriate. C/Lee asked staff if that was true and ICDDIFong responded "no, according to the Conditional Use Permit." According to the Conditional Use Permit the applicant can have a jazz band, a guitarist or a pianist on a small stage within the bar and a DJ with dancing only for private parties and only within a banquet room. C/Lee said that perhaps the applicant's interpretation of the Conditional Use Permit was incorrect and perhaps the City Attorney would clarify why the applicant said he had a right to charge an admission fee. ICDDIFong said that a nightclub that had a promotion of a known performer would charge an admission fee and for private parties such as weddings there would not be an admission fee. She cited the applicant's statements from previous Planning Commission minutes wherein he testified as follows: "Scribbles would provide upscale dining with a band playing. The last call is at 12:00 midnight. We kept it at 1:00 a.m. so that patrons could finish their drinks and have a cooling off period before leaving the restaurant. There will be no DJ music or any dancing except for private events if they want to dance, like graduation parties or things like that." ICDDIFong went on to say that staff's report indicates that the applicant misrepresented the use to the Planning Commission and the Commission approved the Conditional Use Permit based on what the applicant promised. Mr. Astavakra said that his Conditional Use Permit does not say he cannot charge at the door. He has provided security in accordance with his Conditional Use Permit. He asked Lt. Maxey if he could pay to have the Sheriff's Department on duty for four hours at a cost to him of $500. Seven times there has been no response from the Sheriff's Department. In fact, there was a huge command post outside of Scribbles because the Sheriffs Department believed there would be 2,000 to 3,000 people. The City authorized more than 16 deputies at a cost of $3500 to $4,000 and nothing happened. The fire department came twice on that same night. Scribbles' was not overcrowded and was not over capacity. In fact, it was under the maximum at 562 people including the Scribbles staff members. Scribbles contributed $200,000 in sales tax revenue and property tax revenue over the past two years. Thirty-seven individuals work at Scribbles. VC/Nelson asked if Mr. Astavakra was typically present on the premises on Thursday evenings and Mr. Astavakra responded "every night, sir." He said he was there until 4:00 a.m. and in fact, when the Sheriffs Department APRIL 11, 2006 PAGE 12 PLANNING COMMISSION comes to his establishment he is there and he talks with them. VC/Nelson asked if Mr. Astavakra had been outside between the hours of 1:00 a.m. and 2:00 a.m. and gone into the Kmart parking lot and Mr. Astavakra said he goes into his parking lot and to the Kmart parking lot. VC/Nelson asked if Mr. Astavakra had witnessed the problems and whether he felt the behavior was acceptable. Mr. Astavakra said that four times there have been problems in the Kmart parking lot. Exactly four times Scribbles called the Sheriffs Department to intervene. VC/Nelson asked if Mr. Astavakra had not witnessed some of the activity that others commented on and Mr, Astavakra said that under aged drinking takes place in the Kmart parking lot. Scribbles does not allow under aged drinking and if people want to hang around outside and drink it is their problem and Scribbles cannot do anything about it. People drink at Carl's Jr., and he cannot stop them. It is the Sheriffs job to stop them. It happens at Taco Bell across the street too. C/Everett asked if Mr. Astavakra had a copy of staff report and Mr. Astavakra responded that he received it on Friday evening. C/Torng asked Mr. Astavakra when he started with KIIS-FM and Mr. Astavakra said that the flyer was only one flyer for only one event. C/Torng asked why the Sheriffs Department says that every Thursday Scribbles has a special event. Mr. Astavakra said that people do rent the place and he was not saying that they did not. C/Torng said that there were fewer incidents in 2004 and more incidents in 2005 and that was why he was wondering if the special events on Thursday started in 2005. The Conditional Use Permit says no DJ. Mr. Astavakra responded that Thursday night is one night. People mostly rent the facility on Friday and Saturday nights. The complaints are not all Thursday nights. And he wondered why the paper trail started all of a sudden. The condominium complex started complaining about the noise. If you look at the Sheriff's report there are only four complaints during the past year. Nothing happened in 2004 and nothing happened in 2003. And people have complained about sound decibels of 85 to 120. He said he found it hard to believe. This would be like a jumbo jet landing on an air strip and at 2500 square feet away from his place with a Best Western in between and no one from that location complaining. In fact, the owner of the Best Western is his landlord and obviously his business would suffer the most. Chair/McManus took exception to Mr. Astavakra's statement that there were only four complaints during the past year. APRIL 11, 2006 PAGE 13 PLANNING COMMISSION Chair/McManus reopened the public hearing. Vince Galloway, 300 Prospectors Road said that although the current discussion is about Scribbles it is a continuation of the Platinum Club that was previously in business on the site. He said he was at a Diamond Bar City Council meeting three, four and five years ago where a lot of these same concerns were voiced and a lot of promises were made about how the problems would be fixed. The noise was so loud that residents with windows facing the club had pictures rattling on theirwalls. Three homeowners moved away because they could no longer tolerate the noise. Whereas noise is a concern there are other issues. Fall Creek Community is a condominium project consisting of 144 units and approximately 73 percent are Diamond Bar residents that pay taxes and vote. During the history of the club there was never a concern until the level of incidents with the new club escalated and caused the residents concern about public safety within their community. On February 12 the residents met with Sgt. St. Amant and Deputy Clark to share their concerns about drug dealing, overt and public sexual activities and vehicle break-ins. On one Friday night there were 12 to 15 vehicle break- ins and every one was reported to Sheriffs Department. During the entire 25 years that he has lived in the complex there were not that many break-ins. Although they cannot confirm that these incidents involve patrons of Scribbles they are fairly certain because of the increase in the number of incidents that occur primarily on Thursday evening. In fact, to avoid additional confrontations the complex has equipped the back gate with a timer that turns the gate off between 10:00 p.m. and 4:00 a.m. especially on Thursday nights. Now there are reports of people climbing over the gate because they have parked inside the complex and can exit on Prospectors Road and avoid DUI detection. Before the timer was installed five or six residents would take turns standing guard from 10:00 p.m. to midnight believing that if there were a number of residents present the homeowners would not be confronted and people would be less likely to inflict damage. He said he would not be surprised if a future incident involved guns. The homeowners no longer feel safe and the noise level keeps people awake. The security remains in front of the club and does not venture down the street to see that people are drinking, breaking bottles and disrobing. Rob Eknil, Fall Creek Property, felt that by his own admissions the applicant was in clear violation of Conditional Use Permit No. 2003-01. While there have been numerous incidents at the complex the bottom line is whether or not the applicant is in compliance with the Conditional Use Permit and the fact that the City is sitting at risk when all of the deputies are at one location. APRIL 111, 2006 PAGE 14 PLANNING COMMISSION He felt it was a stretch for the applicant to advertise on the radio and signposts for private parties. Mr. Eknil felt there was little reason to continue the hearing because the applicant publicly admitted he was in violation of the Conditional Use Permit. Eddie Martinez said he has witnessed several of the aforementioned incidents. In fact, his wife was confronted by one of the patrons trying to get into the gate by following her. When she did not let him in he became very upset and threatened her. Mr. Martinez said he reported the incident to the Sheriff's Department. Especially on Thursday nights there is a lot of action in the area, a lot of drinking and people milling about. It is unsettling to the residents to have people hanging about the area because it seems unsafe to be outside and risk possible confrontation. Michael Case, 328 S. Prospectors Road #52, said he serves on the Board of his homeowners association and since Scribbles opened there has not been one meeting during which this issue was not discussed. Residents complain about the noise, traffic, car break-ins, people following residents through the gate, harassment, etc. On several occasions he has seen people hop the gate from the club to get to their cars parked in the condominium complex. It is obvious that the individuals are drinking in the parking lots outside of the club and there are flyers advertising the club strewn about the grounds and the flyers show scantily clad females, which he felt did not meet the definition of a "private party." On any Thursday, Friday or Saturday one can pass by the club and see 20-30 people waiting outside to gain access and another 20-30 people standing outside on the patio smoking and listening to the music, which is certainly not within the banquet room. The community is concerned about safety. He and his wife live on the opposite side of the complex and hear people fighting and driving recklessly in and out of the Kmart parking lot at 1:00 a.m. Even at a distance from the club they can hear the music at 10:00, 11:00, 12:00 and 1:00 a.m. The Board is concerned that something major could happen and the residents are thankful that the City has provided a forum for addressing their concerns. Danoush Tehrani, 364 S. Prospectors Road #141 said the noise is terrible and his car was vandalized. The repair cost was $8,000, $1100 of which he paid from his own pocket. He was inside the nightclub once and he paid $10 to the applicant for entry. He saw three different groups on three different stages. The noise is so bad that it keeps him awake on Thursday, Friday and Saturday nights. APRIL 11, 2006 PAGE 15 PLANNING COMMISSION Sharman Haynes concurred with her fellow residents and said she was most concerned about the safety issue. She is single and has been threatened. Clearly, the club is not in compliance with their Conditional Use Permit. Amanda Pechy, 364 S. Prospectors #140 said she also concurred with her fellow residents. She has two small children and she usually sends them to grandma's house on Friday and Saturday night so that they can sleep. She felt it was an infringement on her rights that she could not have her children with her and that they were deprived of their sleep and she should not have to take sleeping pills in order to get rest because the music is so loud and her doors rattle. Henry Lee, Prospectors Road said that he had witnessed Scribbles patrons hiding in the cul-de-sac area, urinating by the gate and climbing the gate to get to their cars. He wondered if the applicant allowed minors to frequent the restaurant and why there was a cover charge. Wen Hui Su, Prospectors Road, said she had the same problems as her neighbors. She has stood outside her unit witnessing non-residents trying to enter through her complex gates. The residents do not want the business to fail but the elders are unable to sleep at night. She has called the Sheriffs Department and asked that the nightclub tum down the music a little bit. The noise level subsides for about 10 minutes and then increases again. And if the applicant really wanted to correct the situation he would make sure the noise level was lowered for the entire evening. The problems occur outside of the business and even if they corrected the noise level there are stili a lot of people outside and out of control of the club. How would the applicant be able to correct the problems that occur outside of the club and around her complex? Yumi Branstad, 394 Prospectors Road #107, said she had been in the commercial lending business for about 30 years and believes the Scribbles parcel would be difficult to convert to another use. In her opinion a Conditional Use Permit is an evolving document and when the City approved it the owner probably had a good intention of keeping it that way but when the business does not come in he has to adjust the way he does business and deviate from the original spirit of the Conditional Use Permit. When the owner has someone sign a lease they probably do not foresee that they will have all of the problems. The owner is responsible. Many people come from other countries and learn that they have rights and must respect other people's rights as well. Fall Creek is proud of its project and the fact that it APRIL 11, 2006 PAGE 16 PLANNING COMMISSION has made good use of unused land adjacent to the freeway. While Fall Creek is not extravagant it is a place that the tenants love and it is sad that the residents have to make fortresses out of their homes. Last Friday she was coming home from out of town and drove into her complex about 2:00 a.m. on Saturday morning just about the time the club was closing down. She forgot that the gate was closed and when she tried to gain entry she could not move because she was completely surrounded by people. She was finally able to turn around, drive through the Kmart lot and gain access to her complex through the front area. She said she was ashamed that she had left it to her neighbors to defend the complex because she had no idea what was happening next door. She said it is a very scary situation to her and she believes that the property owners are responsible for keeping harmony with the surrounding community 365 days a year 24 hours a day. When the applicant originally applied for a Conditional Use Permit to operate as a restaurant there was no need to complain because a restaurant would not be intrusive. Chair/McManus asked Lt. Maxey if there was any reason other than Scribbles for people to congregate in the area on Thursday, Friday and Saturday and Lt. Maxey said none that he was aware of. ACA/Kovacevich responded to Chair/McManus that the Commission could choose to grant a continuance. He said he did not agree with the due process concern raised by the applicant's attorney. This is a quasi-judicial administrative hearing - there are no formal rules of evidence and no ,.charges." This is the hearing to decide on the revocation and this is the time when everybody presents evidence including the applicant. The applicant received the packet with the staff report and corresponding evidence at the same time the Commission received the information. ICDDIFong responded to Chair/McManus that the City sent a letter to the applicant a year ago reminding him that he needed to operate within the Conditional Use Permit and not have entertainment that was outside of the approved Conditional Use Permit because the City had received complaints. Chair/McManus asked if a new tenant was obligated under the Conditional Use Permit in effect at the time of the lease and ICDDIFong responded "yes." Mr. Weiser said he disagreed with ACA/Kovacevich and believed that the property owner, adjacent property owners, the Sheriff's Department and the City of Diamond Bar could be involved in protracted litigation. He said he had been through this over and over again with a lot of cities. The City of Los Angeles has the resources to fight this out in the courts and there may be APRIL 11, 2006 PAGE 17 PLANNING COMMISSION policy reasons. He said he has represented motels in the downtown area of San Bernardino. He has nationally published cases and referred to Patel v. Penman, City of San Bernardino Hotel/Mote! Association v. City of San Bernardino, Montez v. City ofBeliflowerand other recent cases. He asked in the beginning that the City find a middle path and said he had not heard anybody talk about whether there would be a way of mediating the alleged problems without having to put the applicant out of business along with the 37 people who work for him; any proposals of modifications of the Conditional Use Permit; any ability to sit down with the applicant to see if he has proposals and, instead of getting this City involved in the waste of a lot of taxpayer money and protracted litigation because it will not end here and it will not end with the City Council and there will not be a solution five years down the line. Try to resolve it — it is not an all or nothing proposition. As far as notice, he could have brought in a number of people including the security guards about what they perceive is happening in the area. So, there is good reason to have a continuance in addition to wanting the underlying reports. Mr. Astavakra assured the community that if things continue he will put a security guard in the area to prevent people from jumping over the wall or gate and to make sure things like that never happen. He asked for a chance to at least work on the problem. At the same time he would like the Sheriff's Department to work with them to prevent such occurrences and to protect his investment so that the City does not have to pay for it. As a human being he has a right to voice his opinions and he would like a chance to work it out. C/Lee asked Mr. Astavakra if he understood the nature of the problem and Mr. Astavakra responded affirmatively. C/Lee said he strongly believed that there was no need for this matter to be continued and asked Mr. Astavakra if he agreed. Mr. Astavakra said the problem was not as it was portrayed because he could bring in 20 people from the same condominium complex who would say there was no problem. He could bring various people from the Sheriff's Department who would say there were no such problems as was portrayed in the report. The last report and last incident says no suspects found — everything is okay. ICDD/Fong explained that there was a second "finding" contained in staff's report and there were findings that supported the revocation or modifications of the Conditional Use Permit as well as other options for the Planning Commission. One of the options recommended by staff was to modify the Conditional Use Permit to eliminate an entertainment element, which, according to the applicant through his testimony is ancillary to his restaurant APRIL 11, 2006 PAGE 18 PLANNING COMMISSION use. The City has not indicated that it would shut down his business. The applicant did not have approval for the entertainment. ICDDIFong reviewed the Planning Commissions' options: 1) To modify the Conditional Use Permit to eliminate the entertainment; 2) to allow the operation to continue with the entertainment and modify the Conditional Use Permit to add conditions of approval to address the public safety issue and eliminate the nuisance issue; 3) if the applicant desires to continue to have this type of nightclub use he would need to apply to modify the Conditional Use Permit and at the same time the Planning Commission would have the authority to impose additional conditions of approval to address any potential nuisance problem and, 4) the Planning Commission has the authority to say there is no nuisance problem and that the business is operating within the Conditional Use Permit. Chair/McManus asked whether the Commissioners wished to grant the applicant another continuance. CILee said he was not in favor of a continuance. Lt. Maxey responded to VC/Nelson that when an individual or business seeks to hire a deputy they believe it will eliminate the problem. Asking one deputy to deal with 700, 800, 900 people presents a safety issue and the department would never station an officer in such a circumstance. Whether the applicant agreed to pay one, two or three deputies, they would not be able to deal with that many people and the balance of officers on duty would be called in to assist and the department would be compromised and the response would fall to the taxpayers of the City of Diamond Bar. The intent would be to make it appear to be a Sheriff's Department problem whereas in realty the problem originated with Scribbles. He saw no benefit of having the applicant pay for a deputy because it would not alleviate the department's responsibilityfor reonp he Ing to problemsdents and it would he department has exst c perienced enced at the ertainly have little or no impactp location. VC/Nelson said he had a difficult time being convinced that there was no sense on the part of the applicant that no problem existed. He did not like Sheriff's reports being referred to as 'allegations." The Commissioners are not judges, just simply citizens. Commissioners are appointed and told that as Commissioners their responsibilities are to act as citizens for the good of the community and it offends him when individuals try to turn this venue into APRIL 11, 2006 PAGE 19 PLANNING COMMISSION a court of law. He said he believed that based on staffs report that the applicant had pushed the envelope in several ways. He was surprised that at his first hearing following a two-year hiatus from the Commission that the applicant had requested a continuance because he was out of town and then to hear an advertisement on KIIS-FM radio about a big event on that very Thursday night. He would have thought that in such an instance discretion would have been the better part of valor if the applicant were serious about trying to resolve these issues with the City and the community. He believed that the gravity of this situation dictated immediate action. However, he was not inclined to only consider making a decision tonight. He said he was on the fence about granting the continuance on the condition that until a planned program was worked out that these events should cease and desist and further, that consideration be given as the plan was developed to offer to have representatives from Fall Creek work with the City and the applicant to provide a solution. In short, he was inclined to be fair and work out the problems. He wants the restaurant to stay but the ancillary problem areas need to be dealt with as expeditiously as possible. C/Everett said he was extremely troubled and concerned about the safety issue and he was very concerned about continuing this matter to the next meeting. He said he was equally troubled about allowing the applicant time to respond. He received the packet on Friday and he is still digesting the material. He understood the residents' concerns and had experienced the same frustrations and fears when he lived in another city. As residents each of us have rights and tough as it is sometimes, property owners on a different side of a decision have rights as well. He felt it had been confirmed this evening that staff's report was very clear about violations of the Conditional Use Permit and probable violations of the original intent due to statements by the applicant to the previous Commission. And in his opinion, there had indeed been as was earlier stated, a pushing of the envelope. He said he could not vote tonight on any action without allowing the applicant time to respond by the next meeting. Forthese reasons he would be inclined to vote in favor of a continuance to the next Planning Commission meeting. C/Torng stated that based on all of the evidence the basis of the Conditional Use Permit was described by the applicant and he felt it was important proof that there was a promise that there would be no DJ and no DJ music except for private events. He felt it was very strong evidence and felt it was not a matter of pushing the envelope but rather the applicant opened the envelope and this was a direct violation of the Conditional Use Permit. This is a public safety issue and what kind of image does this City intend to project? He APRIL 11, 2006 PAGE 20 PLANNING COMMISSION believed that in accordance with the General Plan the City should be a safe and rural community and believed that this was not in the City's image. This matter was postponed from March 14 to today and why should the Commission wait another two weeks. The applicant surely had enough time to talk with the lawyer and to make his presentation this evening. He appreciated the good effort by staff and the Sheriff's Department and he supported the evidence presented during tonight's meeting. C/Lee agreed that Commissioners were appointed to work for the common benefit of the people. Although there are no children present tonight to express themselves a mother who spoke about having to send her kids to their grandparent's house to avoid the environment. It behooves the Commission to create a better community for the children. The Commission should decide based on the City's ordinance whether the applicant has kept his promise to comply with the conditions of the Conditional Use Permit. C/Everett moved to continue the public hearing to April 25, 2006. The motion failed for lack of a second. C/Torng moved, CILee seconded to adopt a resolution amending Planning Commission Resolution No. 2003-16 to prohibit any and all entertainment use finding that the current operation of the business is a violation of the approved Conditional Use Permit; that the business constitutes a public nuisance and threatens the public health, safety and welfare of the community. VC/Nelson asked if in the event this motion was adopted whether the applicant would be allowed to offer a plan for a modified entertainment use. ICDD/Fong said the applicant had two options: 1) To appeal the Planning Commission's decision to the City Council, and 2) to apply for a new Conditional Use Permit to allow for the current type of entertainment use. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Tomg, Lee, VC/Nelson, Chair/McManus NOES: COMMISSIONERS: Everett ABSENT: COMMISSIONERS: None By virtue of the vote, the public hearing was closed. APRIL 11, 2006 PAGE 21 PLANNING COMMISSION 8. PLANNING COMMSSIONER COMMENTS/INFORMATIONAL ITEMS: C/Lee believed that residents should trust their government and thanked staff for providing a complicated report. VC/Nelson said his hesitation was not reflective of any disregard for or lack of confidence in this City's staff. Diamond Bar staff is the best there is. C/Everett echoed VC/Nelson's statement and said he voted against the resolution due to the timing and his conviction of what he believed to be due process and a significantly written due process. He thanked staff and the Diamond Bar/Walnut Sheriff's Department and stated he was an advocate and a supporter and trusted both entities. He acknowledged C/Torng for chairing the Wine Soiree, a very successful event. He thanked staff for a terrific birthday celebration. His daughter who grew up in Diamond Bar and now lives in Indiana. She returned to the City for the party and was very impressed with the "community spirit." He said he appreciated the City's recognition of Joe and Lois McManus for their volunteerism and thanked them fortheir excellent service and support to the City of Diamond Bar. He wished everyone a happy Easter. C/Torng congratulated Chair/McManus on his award and thanked ClEverett for his comments. He thanked staff for a very good report that helped make his decision easier. The City celebrated an excellent birthday and the City wants to maintain its good image and he felt the Commission did a good job in that regard today. Chair/McManus thanked staff for a good report and commended the Commissioners for their thoughtful conclusions. More than 22 residents attended tonight's meeting conveying their concerns about a problem they believe needs to be remedied. 9. STAFF COMMENTS AND INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future projects. 10. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. APRIL 11, 2006 PAGE 22 PLANNING COMMISSION ADJOURNMENT: With no further business before the Planning Commission, Chair/McManus adjourned the meeting at 9:38 p.m. Respectfully Subm Nancy Fong Interim Com Joe M anus, Chairman ment Director Agenda No. 6.3 CITY OF DIAMOND BAR MINUTES OF THE TRAFFIC AND TRANSPORTATION COMMISSION MEETING JANUARY 12, 2006 CALL TO ORDER: Chair Pincher called the meeting to order at 8:05 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 Shay led the Pledge of Allegiance ROLL CALL: Present: Chair Pincher, Vice -Chair Shah and Commissioners Mok, Shay and Virginkar Also Present: David Liu, Public Works Director; Sharon Gomez, Senior Management Analyst; Kimberly Molina, Assistant Engineer and Michelle Chan, Senior Administrative Assistant. I. APPROVAL OF MINUTES: a In Minutes of September 8, 2005 CNirginkar moved, C/Shay seconded, to approve the September 8, 2005 minutes as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS NOES COMMISSIONERS ABSTAIN: COMMISSIONERS ABSENT: COMMISSIONERS Minutes of November 10, 2005 Shay, Virginkar, Chair/Pincher None Mok, VC/Shah None VC/Shah moved, C/Mok seconded to approve the minutes of the November 10, 2005 minutes. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Mok, Shay, VC/Shah, Chair/Pincher NOES COMMISSIONERS: None ABSTAIN: COMMISSIONERS: Virginkar ABSENT: COMMISSIONERS: None II. PUBLIC COMMENTS: None Offered. III. CONSENT CALENDAR: None IV. ITEMS FROM STAFF: A. Traffic Enforcement Update - Received and filed on the following items: JANUARY 12, 2006 PAGE 2 T&T COMMISSION Citations: November and December 2005 2. ", Collisions: November and December 2005 3. Future Deployment of the Radar Trailer V. OLD BUSINESS: None VI. NEW BUSINESS: None Vll. STATUS OF PREVIOUS ACTION ITEMS: None Vlll. ITEMS FROM COMMISSIONERS: ClShay thanked staff for quickly filling the reported pothole on Diamond Bar Boulevard near Sunset Crossing Road. CNirginkar said that after serving on the Commission for a number of years he would be leaving the group. He reminisced about various important items and projects that had come before the Traffic and Transportation Commission during his tenure and commended staff on the excellent job they do and thanked them for their support. VC/Shah thanked CNirginkar for his service to the City and said he agreed with CNirginkar's remarks about the great work staff does on behalf of the City and the Commission. ChairlPincher said she learned a lot from CNirginkar who was the chairman when she joined the Commission. She thanked him for his good leadership and said she would miss him and his counsel to the Commission. IX. INFORMATIONAL ITEMS: A. "Taking Traffic Signals to the Streets" Presentation PWD/Liu and SMA/Gomez presented the PowerPoint slide show to the Commission. VC/Shay recommended the goals and objectives of the program be shown at the beginning of the presentation. C/Shah said it was a marvelous presentation. He felt there were two messages that needed to be delivered to the City Council: 1) the existing problems and what staff is doing to solve those problems and 2) a bigger message of what has to come with the future. As wonderful as this system is, there will come a time that this system will not solve the problems because traffic will continue to increase and the City needs to look for money to take care of those future concerns. JANUARY I2, 2006 PAGE 3 T&T COMMISSION B. Caltrans 57/60 Freeway Construction Project AE/Molina reported that beginning February 5 the westbound SR60 Brea Canyon off -ramp would close for approximately one month in order for Caltrans to complete the sound wall, westbound on-ramp and HOV lane. Additionally, Caltrans intends to shift traffic on Brea Canyon Road from Via Sorella to the west side of Brea Canyon Road for approximately four months (by August 30) to allow additional room for equipment storage and completion of sound wall construction. C. Grand Avenue Improvements Project — Phases I&II AE/Molina stated that Phase I progress slowed down due to utility work. The new completion date for Phase I is April 2006. The federal funding documents have been forward to Caltrans for the Phase II portion of the project awaiting approval. Construction is slated to begin in early May. D. Traffic Signal Modifications and Installations Project SMA/Gomez reported that four of the five intersections were completed and the Diamond Bar Boulevard at Maple Hill Road intersection should be finished the first part of February and once the signal was energized, the interconnect would be completed. E. CDBG Sidewalk Project (Diamond Bar Boulevard from Solitaire Street to Park & Ride) AE/Molina informed the Commissioners that the sidewalk was 90 percenl complete and the only area that remained was the northbound SR57 on ramp within the Caltrans right-of-way before completing the project. F. Target/Brookfield Homes Project AE/Molina reported that last week building permits were issued for Target for the foundation only. Brookfield received building permits two weeks ago for the recreation building and the single-family detached model homes. Storm drain and minor grading continues in the area to accommodate the walls being installed. G. Industry's Grand Avenue Bridge Widening/Interchange Project AE/Molina said that the traffic impact study was performed for the Industry Business Center and was done considering the project only and its impact to Grand Avenue as well as the intersections within the vicinity. In order to widen the Grand Avenue bridge that spans the SR 60 and improve the on and off ramps, a freeway study needs to be completed per Caltrans guidelines and the MTA model. Another sub -consultant was hired in December to conduct the freeway study to improve the design of the bridge widening. JANUARY 12, 2006 PAGE 4 T&T COMMISSION H. J. IN L. Lemon Avenue/On and Off Ramps Project AE/Molina stated that staff held two meetings per month for this project, a Project Development Team Meeting and a Trend Meeting. Five alternatives were considered for this project and three were submitted to Caltrans for further consideration. The City Council will hold a study session on February 7 to discuss the alternatives. Walnut Drive Street Rehabilitation Project SMA/Gomez reported that this project was nearing completion. The contractor had one wheelchair ramp that he planned to complete tomorrow and once the punch list items for concrete repair had been done the street would be ready for striping. The entire project should be completed within two weeks. Prospectors Road Street Rehabilitation Project SMA/Gomez stated that bids were closed for the design phase of this project on November 29. Staff reviewed 10 proposals and conducted four interviews today. Staff intends to present the award of contract proposal to the City Council on February 7 and within two to three weeks issue the notice to proceed. Staff expects final plans and specifications by April 1 with work to commence the first of July under the 2006107 Fiscal Year budget. NTMP AE/Molina reported that staff held its first public meeting on January 10 at the Diamond Bar Center for two neighborhoods - Golden Prados Drive on the golf course side and Maple Spring Drive/Cameron Crest Drive area. Notices were sent to 172 households and approximately 20 residents attended the meeting as well as C1Chang and C/Tanaka. The primary concerns of the residents were speeding on their residential streets and the safety concerns due to topography (curvature and downhill slope of the streets). Slurry Seal Area 2 AE/Molina stated that seven design and construction administration services proposals were received in December. Staff is reviewing the proposals and expects to take an award of contract proposal to Council on February 7. X. SCHEDULE OF FUTURE CITY EVENTS: As listed in the Agenda. JANUARY 12, 2006 PAGE 5 T&T COMMISSION ADJOURNMENT: There being no further business to come before the Traffic and Transportation Commission, Chair Pincher adjourned the meeting at 9:88 p.m. Respectfully, D d G. , Secre ary Attest: 'Chairm6n Liana Pincher Agenda 9 r, _4 Meeting Date: May 2, 2006 CITY COUNCIL "'" AGENDA REPORT \g �knRYl1Ra}\uS j TO: Honorable Mayor and Members o he'City Council VIA: Linda C. Lowry, City Manager ,�'t TITLE: Ratification of Check Register dated April 14, 2006 through April 27, 2006 RECOMMENDATION: Ratify Check Register containing checks dated April 14, 2006 through April 27, 2006 totaling $1,431,040.19. FINANCIAL IMPACT: Expenditure of $1,431,040.19 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 check register containing checks dated April 14, 2006 through April 27, 2006 for $1,431,040.19 is being presented for ratification. All payments have been made in compliance with the City's purchasing policies and procedures. Payments have been reviewed and approved by the appropriate departmental staff and the attached Affidavit affirms that the check register has been audited and deemed accurate by the Finance Director. PREPARED BY: Linda G. Magnuson Finance Director REVIEWED BY 5 Finance D ector A s s i City anager Attachments: Affidavit and Check Register — 04/14/06 through 04/27/06 CITY OF DIAMOND BAR CHECK REGISTER AFFIDAVIT The attached listing of demands, invoices, and claims in the form of a check register including checks dated April 14, 2006 through April 27, 2006 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 $1,336,502.34 011 Community Organization Support Fd 300.00 112 Prop A - Transit Fund 18,948.50 115 Int. Waste Mgt Fund 4,508.51 118 AB2766 - AQMD Fund 1,529.33 125 CDBG Fund 1,863.49 138 LLAD #38 Fund 1,251.62 139 LLAD #39 Fund 1,187.78 141 LLAD #41 Fund 1,200.24 250 Capital Improvement Project Fund 63,748.38 $1,431,040.19 Signed: G':OOvyl - �u �Yt'l u -"'L'k z -� Linda G. Magnbson Finance Director City of Diamond Bar - Check Register 04/14/06 - 04/27/06 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 4/20/2006 06-PP08 PAYROLL TRANSFER P/R TRANSFER-061PP 08 139 10200 886.98 $119,807.26 4120/2005 70342 PAYROLL TRANSFER PIR TRANSFER-061PP 08 141 10200 886.97 $537.67 4/2012006 PAYROLL TRANSFER PIR TRANSFER-061PP 08 118 10200 679.33 4/20!2006 70343 PAYROLL TRANSFER PIR TRANSFER-061PP 08 125 10200 567.49 $497.00 4/20/2006 PAYROLL TRANSFER PIR TRANSFER-061PP 08 138 10200 886.95 4/20/2006 70344 PAYROLL TRANSFER PIR TRANSFER-06/PP 08 001 10200 111,088.44 $5,765.00 4/20/2006 PAYROLL TRANSFER PIR TRANSFER-061PP 08 112 10200 3,173.87 4/20/2006 70345 PAYROLL TRANSFER PIR TRANSFER-06/PP 08 115 10200 1,637.23 $20.00 4/18/2006 1 70338 14GLOBAL ESCROW ILAND PURCH-3100 S DB BLVD 10015240 1 46305 1 904,305.29 $904,305.29 4/20/2006 1 70339 MARINA ALFARO KIM RECREATION REFUND 001 34780 45.00 $45.00 4/20/2006 70340 ARROYO GEOTECHNICAL CORP PROF.SVCS-EN 06-512 001 23012 450.00 $2,570.00 4120/2006 ARROYO GEOTECHNICAL CORP PROF.SVCS-EN 06-505 001 23012 300.00 4/20/2006 70342 ARROYO GEOTECHNICAL CORP PROF -SVCS -EN 06-507 001 23012 450.00 $537.67 4/20/2006 ARROYO GEOTECHNICAL CORP PROF.SVCS-EN 06-510 001 23012 920.00 4/20/2006 70343 ARROYO GEOTECHNICAL CORP ADMIN FEE -EN 02-352 001 23012 81.00 $497.00 4120/2006 ARROYO GEOTECHNICAL CORP ADMIN FEE -EN 02-352 001 34650 -81.00 4/20/2006 70344 ARROYO GEOTECHNICAL CORP PROF.SVCS-EN 02-352 001 23012 450.00 $5,765.00 4120/2006 ARROYO GEOTECHNICAL CORP ADMIN FEE -EN 06-507 001 34650 -81.00 4/20/2006 70345 ARROYO GEOTECHNICAL CORP ADMEN FEE -EN 06-510 001 23012 165.60 $20.00 4!2012006 ARROYO GEOTECHNICAL CORP ADMIN FEE -EN 06-510 001 34650 -165.60 4/20/2006 ARROYO GEOTECHNICAL CORP ADMIN FEE-EN06-505 001 23012 54.00 4/20/2006 ARROYO GEOTECHNICAL CORP ADMIN FEE-EN06-505 001 34650 -54.00 4/20/2006 ARROYO GEOTECHNICAL CORP ADMIN FEE -EN 06-507 001 23012 81.00 4/20/2006 1 70341 1BENESYST FLEX ADMIN FEE 10014060 1 42346 1 92.921 $92.92 4/20/2006 1 70342 BENESYST 4121106 -PIR DEDUCTIONS 1001 121105 1537.671 $537.67 412012006 1 70343 JBONTERRA CONSULTING INC. PROF.SVCS-FER 96-1 001 23011 497.00 $497.00 4/20/2006 1 70344 BUSS SHELGER ASSOCIATES PROF.SVCS-APPRAISAL 0015240 1 44000 1 5,765.00 $5,765.00 4/20/2006 1 70345 CALIFORNIA CONTRACT CITIES ASSOC. MTG-CMGR 3123 10014030 1 42325 1 20.00 $20.00 Page 1 City of Diamond Bar - Check Register 04/14/06 - 04/27/06 4120/2006 70352 CAROL DENNIS PROF.SVCS-PWG MTG 3128 0015210 44000 175.00 $600.00 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 4120/2006 70346 JANDEE CARASIK RECREATION REFUND 001 34780 1 50.00 $50.00 4/20/2006 CAROL DENNIS PROF.SVCS-PLNG MTG 3/14 0015210 44000 75.00 4/20/2006 70347 CS LEGACY CONSTRUCTION INC RETENTION-SYC CYN TRAIL 2505310 R46415 46,236.36 $46,236.36 4/20/2006 70348 D & J MUNICIPAL SERVICES INC BLDG & SFTY SVCS -3/1-3/31 0015220 1 45000 1 26,979.76 $26,979.76 4/20/2006 70349 DAPEER ROSENBLIT & LITVAK LLP LEGAL SVCS -FEB 06 0015230 1 45213 1 1,534.77 $1,534.77 4/20/2006 70350 DAY & NITE COPY CENTER PRINT SVCS -DAY CAMP 0015350 1 42110 1 2,107.091 $2,107.09 4!2012006 70351 IDEBBIE AND STEVE MOTT REFUND -FPL 01-44 1 001 1 23010 1 211.78 $21'1.78 4120/2006 70352 CAROL DENNIS PROF.SVCS-PWG MTG 3128 0015210 44000 175.00 $600.00 4120!2006 0015240 CAROL DENNIS PROF.SVCS-CC1SS MTG 414 0014030 44000 250.00 4/20/2006 70354 CAROL DENNIS PROF.SVCS-PLNG MTG 2128 0015210 44000 100.00 $702.71 4/20/2006 CAROL DENNIS PROF.SVCS-PLNG MTG 3/14 0015210 44000 75.00 4/20/2006 1 70353 DEPARTMENT OF CONSERVATION SMIP FEES -JAN -MAR 06 001 34350 521.38 $521.38 DIAMOND BAR CHAMBER OF COMMERCE ICONTRACT SVCS -APR 06 0015240 1 45000 2,000.00 0014090 1 42210 1 100.00 4/20/2006 1 70354 KEN DESFORGES PER DIEM -INTEROP CONF 0014070 1 42330 1 702,711 $702.71 4/20/2006 70355 DIAMOND BAR CHAMBER OF COMMERCE CONTRACT SVCS -MAR 06 0015240 45000 2,000-00 $4,000.00 412012006 $300.00 DIAMOND BAR CHAMBER OF COMMERCE ICONTRACT SVCS -APR 06 0015240 1 45000 2,000.00 0014090 4120/2006 1 70356 IDIAMOND RANCH HIGH SCHOOL COMM ORG SUPPORT FUND 0114010 1 42355 300.00 $300.00 EVERGREEN INTERIORS PLANT MAINT-MAR LIBRARY 0014090 1 42210 1 100.00 4/20/2006 70,357 DIVERSIFIED PARATRANSIT INC DIAMOND RIDE -3116-3/31 1125553 1 45529 1 14,801.931 $14,801.93 4/20/2006 70358 DRIVER ALLIANT INSURANCE SERVICES SPL EVENT INS -EASTER HUNT 1 0015350 1 42353 1 315.62 $315.62 4/20/2006 70359 DUKE SERVICE COMPANY SUPPLIES -DBC 0015333 1 41200 1 72.03 $72.03 4/20/2006 70360 EDUCATION TO GO ICONTRACT CLASS -WINTER 0015350 1 45320 1 416.001 $416.00 4/20/2006 70361 EVERGREEN INTERIORS PLANT MAINT-MAR 06 0014090 42210 215.00 $315.00 4/20/2006 1 EVERGREEN INTERIORS PLANT MAINT-MAR LIBRARY 0014090 1 42210 1 100.00 Page 2 City of Diamond Bar - Check Register 04/14/06 - 04/27/06 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 4/20/2006 70362 FEDEX EXPRESS MAIL -GENERAL 0014090 42120 143.26 $143.26 4/20/2006 70363 ICHARLENE FOREMAN RECREATION REFUND 1 001 1 34730 1 45.00 $4500 412012006 GFB FRIEDRICH & ASSOCIATES INC. LANDSCAPE -DIST 41 1415541 4400D 300.80 4/2012006 1 70364 JANINA GANTEAUMI RECREATION REFUND 001 34730 1 42.00 $42.00 4'2012006 GFB FRIEDRICH & ASSOCIATES INC. REHAB PROJ-LEMON AVE 2505510 46411 1,350.00 412012006 1 70365 DIANE GERON RECREATION REFUND 001 1 34780 1 50.00 $50.00 4/20/2006 70366 GF8 FRIEDRICH & ASSOCIATES INC. LANDSCAPE -DIST 39 1395539 44000 300.80 $2,792.50 412012006 GFB FRIEDRICH & ASSOCIATES INC. LANDSCAPE -DIST 41 1415541 4400D 300.80 412012006 70368 GFB FRIEDRICH & ASSOCIATES INC. REHAB PROJ-WALNUT DR 2505510 46411 540.00 $500.00 4'2012006 GFB FRIEDRICH & ASSOCIATES INC. REHAB PROJ-LEMON AVE 2505510 46411 1,350.00 4/20/2006 1 jGFB FRIEDRICH & ASSOCIATES INC. LANDSCAPE -DIST 38 1385538 44000 300.90 $2,940.00 4/20/2006 1 70367 IGLADWELL GOVERNMENTAL SVCS INC PROF SVCS -RECORDS MGMT 0014030 1 44000 1 480.001 $480.00 4120/2006 HALL & FOREMAN, INC. PROF. SVCS -INSPECTION 0015510 45227 281.37 4/20/2006 70368 GOODRICH CO INC HIP PROG-632 FARBEN 1255215 1 44000 1 5oo.001 $500.00 4/20/2006 HALL & FOREMAN, INC. PROF.SVCS-EN 05-494 001 23012 150.00 4/20/2006 70369 GRAFFITI CONTROL SYSTEMS GRAFFITI REMOVAL -MAR 06 0015230 1 45520 1 2,940.00 $2,940.00 4/20/2006 70371 HALL & FOREMAN, INC. PROF.SVCS-PLAN CHECK 0015551 45223 351,08 $5,234.07 4120/2006 HALL & FOREMAN, INC. PROF. SVCS -INSPECTION 0015510 45227 281.37 4/20/2006 HALL & FOREMAN, INC. PROF.SVCS-FPL 2005-147 001 23010 375.00 4/20/2006 HALL & FOREMAN, INC. PROF.SVCS-EN 05-494 001 23012 150.00 4/20/2006 HALL & FOREMAN, INC. PROF.SVCS-EN 05-485 001 23012 225.00 412012006 HALL & FOREMAN, INC. PROF.SVCS-PLAN CHECK 0015551 45223 120.33 4/20/2006 HALL & FOREMAN, INC. PROF.SVCS-EN 05-479 001 23012 825.00 4/20/2006 HALL & FOREMAN, INC. PROF.SVCS-EN 04-420 001 23012 50.00 412012006 HALL & FOREMAN, INC. PROF.SVCS-INSPECTION 0015510 45227 1,850.59 412012006 HALL & FOREMAN, INC. PROF,SVCS-PLAN CHECK 0015551 45223 405.70 412012006 HALL& FOREMAN, INC. PROF.SVCS-EN 03-393 001 23012 600.00 4/20/2006 HALL & FOREMAN, INC. ADMIN FEE -EN 04-420 001 34650 -12.50 4/20/2006 HALL & FOREMAN, INC. ADMIN FEE -EN 03-393 001 23012 150.00 4/20/2006 HALL & FOREMAN, INC. ADMIN FEE -EN 03-393 001 34650 -150.00 4/20/2006 HALL & FOREMAN, INC. ADMIN FEE -FPL 2005-147 001 23010 93.75 4/20/2006 HALL & FOREMAN, INC. ADMIN FEE -FPL 2005-147 001 34650 -93.75 Page 3 City of Diamond Bar - Check Register 04/14/06 - 04/27/06 Check Date Check Number Vendor Name Transaction Description Fundl Dept Acct # Amount Total Check Amount 4/20/2006 70371,.. HALL & FOREMAN, INC. ADMIN FEE -EN 04-420 001 23012 12.50 $5,234.07 ... 4!20!2006 70373 HALL & FOREMAN, INC. ADMIN FEE -EN 05-494 001 34650 -37.50 $11,284.86 4/20/2006 HALL & FOREMAN, INC. ADMIN FEE -EN 05-485 001 23012 56.25 4/20/2006 70377 HALL & FOREMAN, INC. ADMIN FEE -EN 05-485 001 34650 -56.25 $45.00 4/20/2006 HALL & FOREMAN, INC. ADMIN FEE -EN 05-479 001 23012 206.25 4/20/2006 70378 HALL & FOREMAN, INC_ ADMIN FEE -EN 05-479 001 34650 -206.25 $45.00 412012006 HALL & FOREMAN, INC. ADMIN FEE -EN 05-494 001 23012 37.50 4/20/2006 70372 KIMBERLY HUBBARD RECREATION REFUND 00134780 44020 70.001J70.00 $9,502.50 4120!2006 CONSULTANT SVCS-GEOTECH JENKINS & HOGIN, LLP LEGAL SVCS-EDISON MAR 0014020 44021 455.40 4/20/2006 1 70373 JINTERNATIONAL PROTECTIVE SVCS INC. CROSSING GUARD SVCS -MAR 0014411 1 45410 11,284.86 $11,284.86 4/20/2006 70374 JENKINS & HOGIN, LLP LEGAL SVCS-P1WKS MAR 0014020 44020 1,590.00 $9,502.50 4120!2006 CONSULTANT SVCS-GEOTECH JENKINS & HOGIN, LLP LEGAL SVCS-EDISON MAR 0014020 44021 455.40 4/20/2006 70376 JENKINS & HOGIN, LLP LEGAL SVCS -MAR 06 0014020 44020 5,421.90 $401.84 412012006 JENKINS & HOGIN, LLP LEGAL SVCS -COM DEV MAR 0014020 44020 2,003.40 4/20/2006 70377 JENKINS & HOGIN, LLP LEGAL SVCS -COMM SVCS MAR 0014020 44020 31.80 $45.00 4/20/2006 1 70375 JOE A. GONSALVES & SON INC. LEGISLATIVE SVCS -APR 06 0014030 44000 1 3,000.001 $3,000.00 KLEINFELDER INC CONSULTANT SVCS-GEOTECH 0015551 45224 2,323.04 4!20!2006 1 70376 IJUDICIAL DATA SYSTEM CORP PARKING CITE ADMIN -MAR 06 0014411 1 45405 401.84 $401.84 4/20/2006 1 70377 IJEANI KAING IRECREATION REFUND 001 34780 45.001 $45.00 4/20/2006 1 70378 ISADHANA KASITYAP IRECREATION REFUND 001 34780 45.001 $45.00 4!20!2006 70379 KLEINFELDER INC CONSULTANT SVCS-GEOTECH 0015551 R45224 488.46 $2,811.50 41201200 6 KLEINFELDER INC CONSULTANT SVCS-GEOTECH 0015551 45224 2,323.04 4120/2006 1 70380 ISIQUN KUANG RECREATION REFUND 001 1 34780 55.00 $55.00 4/20/2006 1 70381 ILAC FIRE EXPLORERS POST 19 REIMB-CITY B/DAY CELEB 0015350 42353 65.001 $65.00 4/20/2006 1 70382 ILANDAMERICA GATEWAY TITLE HIP PROG-2702 SUNBRIGHT 1255215 44000 100.001 $100.00 4120!2006 4120/2006 1 70383 1 LDM ASSOCIATES INC. LDM ASSOCIATES INC. PROF.SVCS-FPL 2005-161 PROF.SVCS-FPL 2005-167 001 001 23010 23010 113.79 113.79 $401.91 Page 4 City of Diamond Bar - Check Register 04/14/06 - 04/27/06 Check Date Check Number Vendor Name Transaction Description Fund! Dept Acct # Amount Total Check Amount 4!2012006 70383... LDM ASSOCIATES INC. PROF.SVCS-FPL 2006-186 001 23010 174.33 45502 4/20/2006 70384 LEI GHTON & ASSOCIATES, INC. PROF -SVCS -EN 03-363 001 23012 140.00 $1,489.56 4!2012006 4/20/2006 LEIGHTON & ASSOCIATES, INC. PROF.SVCS-EN 03-363 001 23012 1,349.56 412012006 1 70385 ILIANA PINCHER T & T COMM -4113 0015510 1 44100 1 45.00 $45.00 4/20/2006 70386 LIEBERT CASSIDY WHITMORE LEGAL SVCS -RULES & REGS 0014060 44021 26.00 $1,491.30 4/20/2006 $55.00 LIEBERT CASSIDY WHITMORE ILEGAL SVCS -MAR 06 0014060 44021 1,465.30 ROAD MAINT-MAR 06 4/20{2006 70387 JESSICA LIN RECREATION REFUND 001 34780 55.001 $55.00 4/20/2006 70395 MCE CORPORATION ROAD MAINT-MAR 06 0015554 45502 8,429.46 $45.00 4/20/2006 70388,JIMMY LIN IT & T COMM -4/13 0015510 44100 45.00 $45.00 4/20/2006 70389 CINDY LIU IRECREATION REFUND 0011 34780 1 35.00 $35.00 4/20/2006 1 70390 ILOS ANGELES COUNTY DIST. ATTORNEY SLRY ATTCHMT-BY0426064 001 1 21114 1 307.82 $307.82 4/20/2006 7031 BILL MAR (HAM REFUND -PARKING CITATION 001 1 32230 1 30.001 $30.00 4/20/2006 70392 MCE CORPORATION RIGHT-OF-WAY MAINT-MAR 0015554 45522 3,477.60 $13,760.66 4/20/2006 70395 MCE CORPORATION ROAD MAINT-MAR 06 0015554 45502 8,429.46 $45.00 4!2012006 MCE CORPORATION STORM DRAIN MAINT-MAR 0015554 45512 1,853.60 4/20/2006 70393 MDG ASSOCIATES INC HIP PROG-1409 STONECREST 1255215 44000 232.00 $696.00 4/20/2006 70395 MDG ASSOCIATES INC HIP PROG-21223 SILBER CLD 1255215 44000 232.00 $45.00 4/20/2006 MDG ASSOCIATES INC HIP PROG-2702 SUNBRIGHT 1255215 44000 232.00 4/20/2006 70394 LAUREL MEYER REIMB-DBC SUPPLIES 1 0015333 1 41200 10.61 $10.611 4120/2006 70395 KENNETH MOK T & T COMM -4113 1 0015510 1 44100 45.00 $45.00 4!2012006 70396 ANDREA MOLINA RECREATION REFUND 001 34780 50.001_7__f5_0__00] 4/20/2006 70397 KIMBERLY MOLINA REIMB-TUITION 0014060 42341 600.00 $600.00 4!20!2006 70398 NORRIS REPKE INC ENGINEERING SVCS -MAR 0015510 45221 6,716.00 $10,916.00 Page 5 City of Diamond Bar - Check Register 04/14/06 - 04/27/06 k Date L Check Number Vendor Name Transaction Description Fundl Dept Acct # Amount Total Check Amount l20Q6 70398... NORRIS REPKE INC SLURRY SEAL -AREA 2 2505510 46411 4,200.00 $10,916.00 ... 4/2QI20D6 70399 OLYMPIC STAFFING SERVICES TEMP SVCS -WK 419 0015310 44000 1 129.09 $129,09 4/20/2006 001 21109 PERS HEALTH MAY 06 -HEALTH INS PREM 001 21105 20,533.10 4!2012006 70400 MARIDEL PECOT RECREATION REFUND 0014090 1 34730 1 45.00 $45.00 4/20/2006 70401 PERS HEALTH MAY 06 -HEALTH INS PREM 0014095 40090 979.03 $21,709.96 4/20/2006 001 21109 PERS HEALTH MAY 06 -HEALTH INS PREM 001 21105 20,533.10 4120!2006 70408 PERS HEALTH MAY 06 -HEALTH INS PREM 0014090 40086 129.20 $470.89 4120/2006 PERS HEALTH MAY 06 -HEALTH INS PREM 0014060 40093 68.63 4120!2006 70402 PERS RETIREMENT FUND RETIRE CONTRIB-EE 001 21109 7,227.48 $7,267.47 4!2012006 PERS RETIREMENT FUND SURVIVOR BENEFIT 001 21109 39.99 RETIRE CONTRIB-EE 4/20/2006 70403 PERS RETIREMENT FUND RETIRE CONTRIB-ER 001 21109 11,510.24 $11,510.24 4!2012006 70404 PERS RETIREMENT FUND RETIRE CONTRIB-ER 001 21109 332.66 $549.54 4120!2006 IPOMONA UNIFIED SCHOOL DISTRICT PERS RETIREMENT FUND RETIRE CONTRIB-EE 001 21109 208.88 4/20/2006 70408 PERS RETIREMENT FUND SURVIVOR BENEFIT 001 21109 8.00 $470.89 4/20/2006 1 70405 IPIPER JAFFRAY IBOND REMARKETING FEES 0014094 44000 4,167.121 $4,167.12 4/20/2006 70406 POMONA UNIFIED SCHOOL DISTRICT FACILITY RENTAL-B/DAY 0015350 42353 165.00 $240.00 4!20!2006 IPOMONA UNIFIED SCHOOL DISTRICT FACILITY RENTAL -EGG HUNT 0015350 42140 75.00 4/20/2006 70407 1POSITIVE PROMOTIONS SUPPLIES -COMM VCS0015350 41200 433.301 $433.30 4/20/2006 70408 IR 3 D BLUEPRINT PRINT SVCS-P.WORKS 0015510 42110 470.891 $470.89 4!20!2006 70409 IR F DICKSON COMPANY IDEBRIS DIVERSION SVCS -MAR 1155515 1 45500 2,871.28 $2,871.28 4120!2006 70410 REPUBLIC ELECTRIC SIGNAL MAINT-MAR 06 0015554 45507 738.30 $738.30 4/20/2006 1 70411 IJANET RICE RECREATION REFUND 001 34780 1 50.00 $50.00 4/20/2006 412012006 70412 RIM DESIGN GROUP INC RJM DESIGN GROUP INC CITY ENTRY IMPRVMTS 1PKWYIMPRVMTS 2505310 2505510 464153,120.76 46416 3,120.76 $6,241.52 Page 6 City of Diamond Bar - Check Register 04/14/06 - 04/27/06 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 4//201/2006 70413 EVA RUBIO FACILITY REFUND -DBC 001 23002 350.00 $322,00 4120/2006 $25.00 EVA RUBI0 PROPERTY DAMAGE 001 36615 -28.00 4/20/2006 70414 SAN GABRIEL VALLEY COUNCIL OF GOVMT ITAC MTG-GOMEZ 1 0015510 1 42325 1 25.00 $25.00 4/2012006 SUPPLIES -SENIOR BINGO 0015333 41200 P S SAWHNEY PROPERTY DAMAGE 001 36810 -100.00 4/20/2006 70415 SAN GABRIEL VALLEY ECONOMIC PARTNER MTG-COUNCIL0014010 001 42325 25.00 $25.D0 4/20/2006 70416 P S SAWHNEY FACILITY RENTAL -DBC 001 23002 500.00 $375.00 4/2012006 SUPPLIES -SENIOR BINGO 0015333 41200 P S SAWHNEY PROPERTY DAMAGE 001 36810 -100.00 4/2012006 70421 P S SAWHNEY PROCESS FEE 001 36900 -25.00 $1,185.00 4/20/2006 1 70417 MICHAEL SHAY T & T COMM -4113 0015510 44100 45.00 $45.00 4120/2006 70418 SMART & FINAL SUPPLIES -SENIOR BINGO 0015350 41200 143.77 $214.61 4/2012006 $6,491.72 SMART & FINAL SUPPLIES -SENIOR BINGO 0015333 41200 70.84 ELECT SVCS -DIST 41 4/20/2006 70419 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 38 1385538 42126 38.40 $6,491.72 4/20/2006 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 41 1415541 42126 12,47 4/20/2006 70421 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 70.09 $1,185.00 4/20/2006 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 38 1385538 42126 12.47 4/20/2006 70422 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 38.06 $525.37 4/20/2006 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 47.82 4/2012006 7D423 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 91.00 $96.00 412012006 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DBC 0015333 42126 6,017.54 4/20/2006 70424 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 64.68 $15.00 4/20/2006 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 99.19 4/2D/20fl6 70420 ST DENIS KNIGHTS OF COLUMBUS REIMB-CITY B/DAY CELEB 0015350 1 42353 1 30,001 $30.00 4!2012006 70421 ISUNGARD PENTAMATION CONF-MAGNUSONIFULLITORRES 0014050 1 42340 1,185.00 $1,185.00 412012006 70422 ITELEPACIFIC COMMUNICATIONS T1 INTERNET SVCS -APR 06 0014070 1 44030 525.37 $525.37 4/20/2006 7D423 THE CHILDRENS MUSEUM EXCURSION -TINY TOTS 0015350 1 42410 1 96.00 $96.00 4/20/2006 70424 THREE VALLEYS MUNICIPAL WATER DIST MTG-COUNCIL 1 0014010 1 42325 1 15.001 $15.00 Page 7 City of Diamond Bar - Check Register 04/14/06 - 04/27/06 Check Date j Check Number Vendor Name I Transaction Description j Fund/ Dept j Acct 9 j Amount j Total Check Amount 4/20/2006 70425 SITE SERVICES OF CA EQ RENTAL-LORBEER SCHL 0015340 42130292.23 $1,899.56 4120/2006 $131.00 JUNITED UNITED SITE SERVICES OF CA EQ RENTAL -CITY B/DAY 0015350 1 42353 1,607.33 4/20/2006 1 70426 JUS HEALTHWORKS MEDICAL GROUP PC PRE-EMPLOYMENT PHYSICALS I 0014060 42345 1 131.00 $131.00 4/20/2006 WALNUT VALLEY UNIFIED SCHOOL DIST VERIZON CALIFORNIA PH.SVCS-GENERAL 0014090 42125 1 691.99 1 4/20/2006 1 70427 VANTAGEPOINT TRANSFER AGENTS -457 4121106 -PIR DEDUCTIONS 001 21108 1 5,332.52 $5,332.52 4/20/2006 70428 VERIZON CALIFORNIA PH.SVCS-SYC CYN 0015341 42125 90.19 $782.18 4/20/2006 WALNUT VALLEY UNIFIED SCHOOL DIST VERIZON CALIFORNIA PH.SVCS-GENERAL 0014090 42125 1 691.99 1 4/20/2006 10429 VISION INTERNET PROVIDERS INC WEB HOSTING ,APR 06 1 nn14n7n I 44n30 1 150.00 $150 �n 4//20/2006 70430 WALNUT VALLEY UNIFIED SCHOOL DIST FACILITY RENTAL -MAR 06 0015350 42140 750.00 $5,350.00 412012006 4/20/2006 WALNUT VALLEY UNIFIED SCHOOL DIST FACILITY RENTAL -JAN -MAR 0015350 42140 1 4,600.00 R46412 4/20/2006 70431 WARREN SIECKE SIGNAL DESIGN-CLEGHORN 2505510 46412 2,275.00 $5,180.50 4/20/2006 WARREN SIECKE TRFFC SGNL-D/6/NB 57 2505510 R46412 126.10 4/20/2006 WARREN SIECKE TRFFC SGNL-D/B/CLD SPNG 2505510 R46412 126.10 4/20/2006 WARREN SIECKE SIGNAL DESIGN-D/B BLVD 2505510 46412 2,275.00 4/20/2006 WARREN SIECKE TRFFC SGNL-PTHFNDR/PIHILL 2505510 R46412 126.10 4/2012006 WARREN SIECKE TRFFC SGNL-D/BIMAPLE HILL 2505510 R46412 126.10 4/20/2006 WARREN SIECKE ITRFFC SGNL-DIB/SNST XNG 2505510 R46412 126.10 4120/2006 70432 WELLS FARGO BANK CONF-CPRS CREDIT 0015310 42330 -476.00 $1,682.35 4/2012006 WELLS FARGO BANK SUPPLIES -RECREATION 0015350 41200 15.07 4/20/2006 WELLS FARGO BANK SUPPLIES -CITY B/DAY 0015350 41200 313.62 4/20/2006 WELLS FARGO BANK SUPPLIES -PUBLIC WORKS 0015554 41250 64.68 4/20/2006 WELLS FARGO BANK REGISTRATION -PUBLIC INFO 0014095 41200 169.95 4/20/2006 WELLS FARGO BANK CONF-PLANNERS INST 0015210 42330 1,261.64 4/20/2006 WELLS FARGO BANK SUPPLIES -CPRS 0015310 42330 25.00 4/20/2006 WELLS FARGO BANK SHIPPING -PLANS ECO DEV 0014070 44030 30.00 4/20/2006 WELLS FARGO BANK SUPPLIES -COUNCIL 0014090 41400 10.81 4/20/2006 WELLS FARGO BANK MTG SUPPLIES -COUNCIL 0014090 42325 146.13 4/20/2006 WELLS FARGO BANK PANTERA PARK -PHONE 0014070 41200 37.8$ 4/20/2006 WELLS FARGO BANK HERITAGE PARK -PHONE 0014070 41200 32.411 Page 8 of Diamond Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # 0014090 42325 Amount Total Check Amount 4/20/2006 70432... WELLS FARGO BANK MTG SUPPLIES -BUDGET PREP 51.11 $1,682.35 ... 4/24/2006 70451 RYAN WRIGHT TRVL ADV- AB2696 MTG 0015350 1 42330 125.00 $125.00 4/27/2006 1 70452 ABRAKADOODLE CONTRACT CLASS -SPRING 1 0015340 1 45300 1 396-001 $396.00 4127!2006 70453 70460 INTERNET SVCS -HERITAGE PK 0015340 42126 39.95 $86.90 4127!2006 JADELPHIA ADELPHIA MODEM SVCS -COUNCIL 0014010 42130 1 1 46.95 42330 4/27/2006 1 70454 ADVANCED MISSION GLASS CORP MAINT-DBC 1 0015333_[_42210 1 804.90 $804.90 4!27!2006 1 70455 ALISA ANN RUCH BURN FOUNDATION FOOD BOOTH -CIT r U'/DAY 1 00i5350 1 42353 1 $140.00 4/27/2006 1 70456 APPLIED GEODETICS PROF_SVCS-PARCEL DATA 0015240 1 44000 1 2,088.26 $2,088.26 4/27/2006 1 70458 IJOANNE SRINKLEY RECREATION REFUND 001 34730 1 31.00 $31.00 4/27/2006 1 70459 ISHARON BUTLER CONTRACT CLASS -SPRING 0015350 1 45320 1 198.00 $198.00 4127!2006 70460 CA PARK & RECREATION SOC MEMERSHIP DUES -STAFF 0015310 42315 420.00 $720.00 4/27!2006 $1,550.00 CA PARK & RECREATION SOC MEMBERSHIP DUES-WESTITRZN 0015350 42315 300.00 4127!2006 70461 CALIFORNIA CONTRACT CITIES ASSOC. CCCA CON F-DOYLE 0014030 42330 275.00 $1,550.00 4/27/2006 CATALINA BALLAST BULB COMPANY CALIFORNIA CONTRACT CITIES ASSOC. CCCA CONI --COUNCIL 0014010 42330 500.00 4/27/2006 CALIFORNIA CONTRACT CITIES ASSOC. CCCA CONF-COUNCIL 0014010 42330 275.00 4/27/2006 CALIFORNIA CONTRACT CITIES ASSOC. CCCA CONF-CMGR 0014030 42330 500.00 4!2712006 70462 BALLAST BULB COMPANY SUPPLIES -DBC 0015333 41200 480.89 $512.39 412 712 0 0 6 JCATALINA CATALINA BALLAST BULB COMPANY SUPPI`IES-HERITAGE PARK 0015340 i 42210 31.50 4127/2006 1 70463 ICATALINA EXPRESS CORP. EXCURSION-CATALINA 0015350 45320 1 150.00 $150.00 4/27/2006 70464 CENTER ICE SKATING ARENA CONTRACT CLASS -SPRING 0015350 45320 96.00 $96.00 City of Diamond Bar - Check Register 04/14/06 - 04/27/06 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 4/27i2006 70465 SAMSON CHENG RECREATION REFUND 001 34780 105,00 $105.00 4/27/2006 70466 JALICE CHIEN ICONTRACT CLASS -SPRING 0015350 1 45320 866.20 $$66.20 4!27!2006 70467 CHRISTIN:IMURPHEY REIMS -CITY BIDAY 00153504/27/2006 1 34730 1 45.00 $45.00 4/27/2006 CHRISTINMURPHEY REIMB-CPRS MTG 0015350 41200 41.25 44000 4/27/2006 1 70468 IMARGARET CHRISTISON IRECREATION REFUND 1001 1 34730 1 45.00 $45.00 4/27/2006 DH MAINTENANCE CAROL DENNIS ,PROF,SVCS-T PROF.SVCS-CCISS MTG 0014030 44000 150.00 4127!2006 70469 DAVID J. GRUNDY IP & R COMM -4/11 1 0015350 1 44100 1 45.001 $45.00 412712006 70470 CAROL DENNIS &T COMM 0015510 4400;, 200.00 $550.0v 4/27/2006 DH MAINTENANCE CAROL DENNIS ,PROF,SVCS-T PROF.SVCS-CCISS MTG 0014030 44000 150.00 4/27/2006 70473 CAROL DENNIS PROF.SVCS-P & R COMM 0015310 44000 200.00 $1,012.50 4/2712006 70471 JDH MAINTENANCE MAINT-DBC MAR 0015333 45300 12,00650 $12,731.50 4/27/2006 DH MAINTENANCE MAINT-PARKS MAR 0015340 45300 725.00 4/27/2006 1 70472 DIAMOND BAR CHAMBER OF COMMERCE MTG-COUNCIL 1 0014010 42325 10.00 $10.00 4/27/2006 70473 DIAMOND BAR HILLS CLUB FACILITY RENTAL -FY 05/06 0015350 42140 1 1,012.50 $1,012.50 4/27/2006 70474 IDIAMOND BAR IMPROVEMENT ASSOCIATION AD -CITY BIRTHDAY APR 0014095 1 42115 450.00 $450.00 4/27/2006 70475 1EXECUTIVE PROMOTIONAL PRODUCTS INC PROMO ITEMS -PENS 0014090 1 41400 1,502.441 $1,502.44 4/27/2006 70476 DAVID FERNANDEZ CONTRACT CLASS -WINTER 0015350 45320 699.80 $699.80 4!27!2006 70477 FIRST CLASS EVENTS FACILITY REFUND -DBC 00136615 400.00 $400.00 4!2712006 70478 GATEWAY FRIENDS CHURCH FOOD BOOTH -CITY B/DAY 0015350 1 42353 1 47.00 $47.00 4/27/2006 4/27/2006 70479 KEN GIN KEN GIN FACILITY REFUND-PANTERA RECREATION REFUND 001 001 23002 34740 1 200.00 72.00 $272.OQ 4/27/2006 70480 GOVIS LLC SOFTWARE -ONLINE TRANSIT 1 1125553 1 46235 1 487.50 $487.50 Page 10 City of Diamond Bar - Check Register 04/14/06 - 04/27/06 Check Date 4;27;2006 4127!2006 Check Number Vendor Name 70481 JGOVPARTNER 70482 LEW HERNDON Transaction Description REQUEST PARTNER HOSTING P & R COMM -4/11 Fund/ Dept 1185098 0015350 Acct # 44030 1 44100 Amount 850.00 45.001 Total Check Amount $850.00 $45.00 4/27/2006 70483 HOLLYWOOD BOWL EXCURSION -HOLLYWOOD BOWL 1 0015350 1 45310 1,162.001$1,162.00 4/27!2006 70484 INLAND EMPIRE MAGAZINE AD -APRIL 1 0014095 42115 1,095.00 $1,095.00 4/27/2006 4/27/2006 4/27/2006 70485 INLAND EMPIRE STAGES INLAND EMPIRE STAGES INLAND EMPIRE STAGES EXCURSION -SAN DEIGO TRANSPORTATION -EXCURSION TRANSPORTATION -EXCURSION 0015350 0015350 1125350 45310 45310 45310 1,190.00 538.80 485.20 $2,214.00 4!2712006 70486 INLAND ROUNDBALL OFFICIALS OFFICIAL SVCS-MARIAPR 0015350 45300 1,080.00 $1,080.00 4/27/2006 4/27/2006 7)v:! 70488 IINNERWORKS WELLNESS CENTER INTERNATIONAL CITY/COUNTY MGMT ASSN ICONTPACT CLASS -WINTER MEMBERSHIP DUES-CMGR 0015350 0014030 45320 1 42315 252.001 1,088.001 $252.00 $1,088.00 4/27/2006 4/27/2006 4!27/2006 70489 70490 7D491 KENS HARDWARE LANDS' END BUSINESS OUTFITTERS LEAGUE OF CALIFORNIA CITIES SUPPLIES -ROAD MAINT 1PROMO ITEMS -STAFF SHIRTS ILEAGUE MTG-COUNCIL 0015554 0014095 0014010 41250 41400 42325 77.551 424.771 30.00 $77.55 $424.77 $30.00 4/27/2006 70492 LEAGUE OF CALIFORNIA CITIES LEAGUE MTG-COUNCIL 0014010 42325 30.00 $30.00 4/27/2006 70493 BENNY LIANG IP & R COMM -4/11 0015350 44100 45.001 $45.00 4/27/2006 4/27/2006 70494 70495 LOS ANGELES COUNTY PUBLIC WORKS LOS ANGELES ROYAL VISTA GOLF COURSE STORM DRAIN CLEAN-FY05/06 CONTRACT CLASS -05106 0015554 0015350 45512 42140 2,087.19 1,248.001 $2,087.19 $1,248.00 4/27/2006 70496 MANAGED HEALTH NETWORK MAY D6 -EAP PREMIUMS 001 21115 131.32 $131.32 4/2712006 70497 MATERIAL HANDLING SOLUTIONS LLC CABINETS -INFO SYS 0014070 1 46220 1,709.211 $1,709.21 4/27/2006 70498 IMCE CORPORATION VEGETATION CONTROL -MAR 0015558 45508 5,631.041 $5,631.04 Page 11 City of Diamond Bar - Check Register 04/14/06 - 04/27/06 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 4r27r2006 70499 BETTY MCGUINNESS RECREATION REFUND 001 34730 45.00 $45.00 4/27/2006 70500 NRS INC. CHAIR MAINT-FINANCE 0014090 41200 51.96 $3,478.07 4/27/2006 NUMARA SOFTWARE INC NRS INC. CHAIRS-PLNG 0015210 46200 571.02 4/27/2006 70503 NRS INC. CHAIRS -DBC 0015333 46250 2,855.09 $45.00 4127/2006 70501 NUMARA SOFTWARE INC ANNL MAINT-SOFTWARE 0014070 42205 1,800.83 $3,637.21 4/27/2006 4/27/2006 NUMARA SOFTWARE INC COMP SOFTWARE -INFO SYS 0014070 46235 1,836.38 42126 4/27/2006 1 70502 JORIENTAL TRADING COMPANY INC SUPPLIES -TINY TOTS 0015350 1 41200 1 56.701 $56.70 4/27/2006 REPUBLIC ELECTRIC TRAFFIC SIGNAL MAINT-MAR 0015554 45507 3,108.00 1 42126 61.31 4127/20% 70503 TED OWENS P & R COMM -4/11 1 0015350 j 44100 45.00 $45.00 4/27/2005 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 57.76 4/27/2006 70504 JPEPR GRAPHICS IPRINT SVCS -BUS CARDS 0014095 42110 1 425.00 $425.00 4/27/2006 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 38.36 4127!2006 70505 PERSONNEL CONCERPTS SUPPLIES -HIR 0014060 1 41200 1 196.56 $196.56 4/27/2006 70506 PROTECTION SERVICE INDUSTRIES LP ALARM SVCS -DBC 0015333 1 42210 1 50.00 $50.00 4/27/2006 70507 REPUBLIC ELECTRIC TRAFFIC SIGNAL MAINT-MAR 0015554 45507 497.54 $3,605.54 4/27/2006 4/27/2006 REPUBLIC ELECTRIC TRAFFIC SIGNAL MAINT-MAR 0015554 45507 3,108.00 1 42126 4!27/2006 70508 RUTH M. LOW P & R COMM -4111 0015350 44100 45.00 $45.00 4/27/2006 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 61.31 4/27/2006 70509 SAN GABRIEL VALLEY ECONOMIC PARTNER MTG-COUNCIL 0014010 42325 50.00 $50.00 4/27/2005 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 57.76 4/27/2006 70510 SAN GABRIEL VALLEY TRIBUNE AD -LEMON AVE PROJ 0014095 1 42115 1 447.44 $447.44 4/27/2006 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 38.36 4/27/2006 1 70511 ISOROPTIMIST MTG-COUNCIL 0014010 42325 1 30.001 $30.00 4/27/2006 70512 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 38 1385538 42126 12.90 $364.77 4/27/2006 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 61.31 4/27/2006 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 44.60 4/27/2005 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 57.76 4/2712006 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 80.95 4/27/2006 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 38.36 4/27/2006 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 68.89 Page 12 City of Diamond Bar - Check Register 04/14/06 - 04/27/06 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amaunt Total Check Amount 4127/2006 4/27/2006 70513 SOUTHERN CALIFORNIA GAS COMPANY SOUTHERN CALIFORNIA GAS COMPANY GAS SVCS -HERITAGE PK GAS SVCS -DBC 00153440 0015333 42126 42126 181.15 1,705.31 $1,886.46 4/27/2006 412712006 4/27/2006 4/27/2006 70514 STANDARD INSURNCE OF OREGON STANDARD INSURNCE OF OREGON STANDARD INSURNCE OF OREGON STANDARD INSURNCE OF OREGON MAY 06 -LIFE INS PREMS MAY 06 -LIFE INS PREMS MAY 06-SUPP LIFE INS PREM MAY 06-STD/LTD 0014095 001 001 001 40090 21106 21106 21112 14.50 623.50 42.00 1,091.93 $1,777.93 4/27/2006 1 70515 ISTUBSIES PROMOTIONS PROMO ITEMS -CITY B/DAY 0014095 41400 3,311.53 $3,311.53 4/27/2006 70516 TACO MAN CATERING SVCS -ERC 5/24 On14n6ti 42347 426 13 $426.13 4/27/2006 70517 ITOSHI10A BUSINESS SOLUTIONS COPPER MAINT-DBC APR/MAY 0015333 1 42200 56.99 $56.99 4/27/2006 70518 ITRENCH PLATE RENTAL CO SUPPLIES -ROAD MAINT 0015554 42130 120.00 $120.00 4/27/2006 70519 WILDA TURNER LAFCO MTG-COUNCIL 0014010 42325 35.OD $35.00 4!2712006 70520 JULTIMATE OFFICE SUPPLIES -DBC 0015333 41200 160.80 $160.80 4/27/2006 1 70521 JUNITED PARCEL SERVICE EXPRESS MAIL -GENERAL 0014090 1 4212119.01 $19.01 4/27/2006 70522 US HEALTHWORKS MEDICAL GROUP PC PRE-EMPLOYMENT PHYSICALS 0014060 42345 84.00 $54,00 4/27/2006 4/2712006 70523 VALLEY CREST LANDSCAPE MAINT INC VALLEY CREST LANDSCAPE MAINT INC LANDSCAPE MAINT-DBC APR LANDSCAPE MAINT-PARKS APR 0015333 0015340 45300 45300 1 5,181 AO 10,425.00 $15,606.00 4/27!2006 70524 IVERIZON CALIFORNIA PH.SVCS-PANTERA PK 0015340 1 42125 1 175.70 $175.70 4/27/2006 1 4127/2006 70525 IMARYANNE VILLAROSA MARY ANNE VILLAROSA RECREATION REFUND PK REFUND-REAGAN PK 001 001 36625 23002 25.04 50.00 $75.00 4/27/2006 4/27/2006 4/27/2006 4/27/2006 70526 VISION SERVICE PLAN VISION SERVICE PLAN VISION SERVICE PLAN VISION SERVICE PLAN MAY 06 -VISION PREMIUMS MAY 06 -VISION PREMIUMS MAY 06 -VISION PREMIUMS MAY 06 -COBRA VISION 001 0014095 0014095 001 21107 40070 40090 21107 1,089.46 18.12 8.11 46.77 $1,162.46 Page 13 City of Diamond Bar - Check Register 04/14/06 - 04/27/06 Check Date ] Check Number Vendor Name Transaction Description I Fund/ Dept I Acct # I Amount I Total Check Amount 4/27/2006 70527 WALNUT HILLS FIRE PROTECTION CO EXTINGUISHER SVCS -DBC 0015333 42210 53.83 $428.65 4/27/2006 WALNUT HILLS FIRE PROTECTION CO EXTINGUISHER SVGS-EOC 0014440 42200 124.94 4/27/2006 WALNUT HILLS FIRE PROTECTION CO EXTINGUISHER SVCS -PARKS 0015340 42210 124.94 4/27/2006 WALNUT HILLS FIRE PROTECTION CO EXTINGUISHER SVC -CITY VEH 0014090 42200 124.94 4/27/2006 70528 WELLS FARGO BANK MTG-COUNCIL 0014010 42325 35.75 $1,125.81 4/27/2006 WELLS FARGO BANK MTG-COUNCIL 0014010 42325 116.49 4/27/2006 WELLS FARGO BANK MTG-NLC FOR YOUTH 0014010 42330 352.50 4/27/2006 WELLS FARGO BANK MTG-CMGR 417 0014030 42325 29.29 4/2712006 WELLS FARGO BANK SUPPLIES -GENERAL 0014010 41200 109.84 4/27/2006 WELLS FARGO BANK COG MTG-COUNCIL 0014010 42330 481.94 4/27/2006 1 70529 WEST COAST MEDIA AD -APRIL 06 1 0014095 1 42115 1 475,00 $475.00 4/27/2006 1 70530 PAUL WRIGHT AIV SVCS-PIC,CNCL MTG 10014090 1 44000 1 280.00 $280.00 4/27/2006 1 WfT #OS UNION BANK OF CALIFORNIA, NA DBC -DEBT SVC PMT W/T#08 0014090 42140 1 56,634.77 $56,634.77 $1,431,040.19 Page 14 CITY COUNCIL _:!!7� TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager TITLE: Treasurer's Statement — March 2006 RECOMMENDATION: Approve the March 2006, Treasurer's Statement. FINANCIAL IMPACT: No Fiscal Impact BACKGROUND: Agenda # 6.5 Meeting Date: May. Z, 2006 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 cash balances for the various funds, with a breakdown of bank account balances, investment account balances, and the effective yield earned from investments. This statement also includes a separate investment portfolio report which details the activities of the investments. All investments have been made in accordance with the City's Investment Policy. PREPARED BY: Linda G. Magnuson, Finance Director Departm 4 Head Attachments: Treasurer's Statement, Investment Portfolio Report 6 RP Deputy City Manager CITY OF DIAMOND BAR TREASURER'S MONTHLY CASH STATEMENT March 31, 2006 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 esti t tbd expenditur v Linda C. Lowry, Treasurer BEGINNING TRANSFERS ENDING BALANCE RECEIPTS DISBURSEMENTS IN OUT BALANCE GENERAL FUND LIBRARY SERVICES FUND $27,626,298.95 $448,231.75 0.00 $1,823,940.59 $701,373.69 $26,951,963.80 COMMUNITY ORG SUPPORT FD (5,539.68) 1,625.00 0.00 GAS TAX FUND TRANSIT TX (PROP A) FD 809,919.77 89,517.21 898,857.06 (511,451.22) (7,164.68) 387,985.76 TRANSIT TX (PROP C) FD 58,939.05 1,255,797.79 183,344.70 774,451.41 ISTEA Fund 0.00 282,630.00 1,255,797.79 INTEGRATED WASTE MGT FD AB2928-TR CONGESTION RELIEF FD 553,626.53 4,214.00 122,103.53 7,903.61 (108,121-59) 282,630.00 441,815.33 AIR QUALITY IMPRVMNT FD 97,588.11 5,836.76 122,103.53 PROP A - SAFE PARKS ACT FUND (2,016.41) 91,751.35 PARK & FACILITIES DEVEL. FD 1,929,277.65 (2,016.41) COM DEV BLOCK GRANT FD CITIZENS OPT -PUBLIC SAFETY FD (83,495.91) 187,119.00 24,190.09 (171,010.00) 1,929,277.65 (91,577.00) NARCOTICS ASSET SEIZURE FD 298,850.64 324,722.62 (81,800.88) 217,049.76 CA LAW ENFORCEMENT EQUIP PRG 73,491.39 324,722.62 LANDSCAPE DIST #38 FD (67,229.17) 36,894.73 73,491.39 LANDSCAPE DIST #39 FD 166,725.19 30,372.56 (104,123.90) LANDSCAPE DIST #41 FD 212,364.46 14,049.91 136,352.63 GRAND AV CONST FUND 0.00 198,314,55 GAP IMPROVEMENT PRJ FD SELF INSURANCE FUND (1,886,183.48) 8,759.89 284,883.39 171,010.00 0.00 (1,991,296.98) EQUIPMENT REPLACEMENT FUND 1,363,398.99 141,329.31 1,226.00 1,362,172.99 COMPUTER REPLACEMENT FUND 31,917.86 141,329.31 PUBLIC FINANCING AUTHORITY FUN 210 902.46 13,395.01 38,989.63 31,917.86 TOTALS $34,072,707.66 $1,092,805.91 $2 453 256.97 $0.00 185 307.84 $32,712 256.60 SUMMARY OF CASH: DEMAND DEPOSITS: GENERAL ACCOUNT ($1,030,678.07) PAYROLL ACCOUNT 10,983.66 CHANGE FUND 250.00 PETTY CASH ACCOUNT 1,000.00 TOTAL DEMAND DEPOSITS ($1,018,444.41) INVESTMENTS: US TREASURY Money Market Acct. $1,020,640.37 LOCAL AGENCY INVESTMENT FD 27,524,752.80 FED HOME LOAN BANK NOTE - 1.0 yr 11000,000.00 FED HOME LOAN BANK NOTE - 1.5 yr 11000,000.00 FED HOME LOAN BANK NOTE - 2.0 yr 11000,000.00 FED FARM CREDIT NOTE - 2.5 yr 11000,000.00 FED HOME LOAN BANK NOTE - 1.5 yr 1,000,000.00 CASH WITH FISCAL AGENT: US TREASURY Money Market Account 183,619.32 LOCAL AGENCY INVESTMENT FD 1,688.52 (Bond Proceeds Account) TOTAL INVESTMENTS 33,730,701.01 TOTAL CASH $32,712,256.60 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. In addition, the City has started investing in longer term investments. These investments are detailed on the attached Investment Report. 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 esti t tbd expenditur v Linda C. Lowry, Treasurer 2004-05 Actual Interest Income $687,186.07 2005-06 Budgeted Interest Income $717,500.00 Actual Year -To -Date Interest Income $ 604,847.67 Percent of Interest Received to Budget 84.299% (1) Callable 12/29/05 (2) Callable 04120!06 (3) Callable 10/28105 (4) Callable 12/27/05 (5) Callable 12/09/05 CITY OF DIAMOND BAR INVESTMENT PORTFOLIO REPORT for the Month of March 2006 Monthly Interest Institution Purchase Maturity Amount Fair Market Interest Received Investment Type Rating Date Date Term At Cost Value Accrued in Mar '06 Rate Yield State of California Local Agency Inv Fund AAA 27,524,752.80 27,457,649.63 95,006.27 - 4.142% 4.142% Wells Fargo Bank US Treasury Money Market AAA 1,020,640.37 1,020,640.37 - 1,510.00 3.896°/ 3.896% Union Bank -(Fiscal Agent) US Treasury Money Market AAA 183,619.32 183,619.32 - 795.93 Union Banc -(Fiscal Agent) Local Agency Inv Fund AAA 1,688.52 1,688.52 6.15 4.370% 4.370% 3.68 4370% 4.370% Wells Fargo Inst Securities Federal Home Loan Note AAA 09/29/05 09/29/06 1.0 Yr 1,000,000.00 994,690.00 3,37500 20,250.00 4.050% 4.050% (1) Wells Fargo Inst Securities Federal Home Loan Note AAA 10/20/05 04/20/07 1.5 Yr 1,000,000.00 990,940.00 3,541.67 4250% 4250% (2) Wells Fargo Inst Securities Federal Home Loan Note AAA 11/09/05 05!09107 1.5 Yrs 1,000,000.00 994,060.00 3,833-33 4.600% 4600% (5) Wells Fargo Inst Securities Federal Home Loan Note AAA 09/28/05 09/28/07 2.0 Yrs 1,000,000.00 988,750.00 3,625-00 21,750.00 4350% 4.350% (3) Wells Fargo Inst Securities Federa# Farre Credit Note AAA 09/27/05 03/27/08 2.5 Yrs 1,000,000.00 988,750.00 3,783.33 22,700-00 4.540% 4.540% (4) Totals for month $ 33,730,701-01 $ 33,620,787.84 $ 113,170.75 $ 67,009.61 Less Investments matured during the month 0,00 0.00 Total Investments at 02/28/06 $ 33,730,701.01 $ 33,620,787.84 2004-05 Actual Interest Income $687,186.07 2005-06 Budgeted Interest Income $717,500.00 Actual Year -To -Date Interest Income $ 604,847.67 Percent of Interest Received to Budget 84.299% (1) Callable 12/29/05 (2) Callable 04120!06 (3) Callable 10/28105 (4) Callable 12/27/05 (5) Callable 12/09/05 Agenda # 6.6 . I Meeting Date: May 2, 2006 CITY COUNCIL r AGENDA REPORT �x98� TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager -Ilwt( A TITLE: Refection of Claim — Filed by Frances Lopez — Filed April 4, 2006 RECOMMENDATION: Carl Warren & Co., the City's claims administrator, recommends the City Council reject the claim filed by Frances Lopez. FINANCIAL IMPACT: There is no financial implication associated with rejecting this claim. The claim for damage is for the sum of approximately $100,000. Should the claim be successful, it will be paid by the JPIA. BACKGROUND: On April 4, 2006, Frances Lopez filed a Claim for Damages with the City alleging that while she was walking on the sidewalk at Heritage Park she tripped and fell sustaining injuries. Upon action by the City Council, appropriate notice shall be sent to the claimant and Carl Warren & Co. PREPARED BY: Tommye Cribbins, City Clerk REVIEWED BY: Asst. City Manager`- April 7, 2006 TO: The City of Diamond Bair ATTENTION: Lynda Burgess, City Clerk RECE, V t o APR 1 12006 RE: Claim Lopez vs. The City of Diamond Bar Claimant Frances Lopez D/Event 10/8/2005 Recd Y/Office 4/4/2006 Our File S-1424077-CKQ We have received and reviewed the above claim and request that you take the action indicated below: CLAIM REJECTION: Send a standard rejection letter to the claimant. Please provide us with a copy of the notice sent, as requested above. If you have any questions please contact the undersigned. Very truly yours, CARL WARREN & COMPANY Ric d D. Marque cc: CJPIA w/enc. Attn.: Executive Director CARL WARREN & CO. CLAIMS MANAGEMENT CLAIMS ADJUSTERS 770 Placentia Avenue, Placentia, CA 92870-6832 Mail: P.O. Dos 25180 - Santa Ana, Ca 92799-5180 Phunc: (714) 572-5200 • (800) 572-6900 • leas: (714) 961-8131 Agenda # 6.6 . 2 Meeting Date: May 2, 2006 CITY COUNCIL AGENDA REPORT !4(44?PUTt� '4 TO: Honorable Mayor and Members of the City Council �• , ;2 VIA: Linda C. Lowry, City Manage TITLE: Rejection of Claim — Filed by Cynthia K. Moeder — Filed February 15, 2006 RECOMMENDATION: Carl Warren & Co., the City's claims administrator, recommends the City Council reject the claim filed by Cynthia K. Moeder. FINANCIAL IMPACT: There is no financial implication associated with rejecting this claim. The claim for damage is for the sum of approximately $1,152.50. Should the claim be successful, it will be paid by the JPIA. BACKGROUND: On February 15, 2006, Cynthia K. Moeder filed a Claim for Damages with the City alleging that the roots of two (2) City trees damaged the main sewer line in front of her residence causing plumbing problems. Upon action by the City Council, appropriate notice shall be sent to the claimant and Carl Warren & Co. PREPARED BY: Tommye Cribb s, City Clerk REVIEWED BY: 0�� Asst. City Manager CD�9 qP April 20, 2006 fir' 12g 1p&B TO: The City of Diamond Bar ATTENTION: Lynda Burgess, City Clerk RE: Claim Moeder vs. The City of Diamond Bar Claimant Cynthia K. Moeder D/Event 2/7/2006 Recd Y/Office 2/15/2006 Our File S-1419337-CKQ We have received and reviewed the above claim and request that you take the action indicated below: CLAIM REJECTION: Send a standard rejection tetter to the claimant. Please provide us with a copy of the notice sent, as requested above. If you have any questions please contact the undersigned. Very truly yours, CARL WARREN & COMPANY cc: CJPIA w/enc. Attn.: Executive Director CARL WARREN & CO. CLAIMS MANAGEMENT CLAIMS ADJUSTERS 770 Placentia Avenue, Placentia, CA 92870-6832 Mail: P.Q. Box 25180 Santa Ana, Ca 92799-5180 Phone: (714) 572-5200 1 (800) 572-6900 • Paz: (714) 961-8131 *It. Agenda # 6. 7 Meeting Date: May 2,200 CITY COUNCIL ;,� AGENDA REPORT TO: Honorable Mayor and Members of) he City Council VIA: Linda C. Lowry, City Manager,, 7`''` TITLE: NOTICE OF COMPLETION FOR N RTH WALNUT DRIVE STREET REHABILITATION PROJECT (BETWEEN THE WESTERLY CITY LIMITS AND LEMON AVENUE). RECOMMENDATION: File a Notice of Completion. FINANCIAL IMPACT: There is no financial impact. BACKGROUNDMISCUSSION: The City Council awarded a construction contract to Sully -Miller Contracting Co., Inc. on September 20, 2005 in an amount not to exceed $388,000 with a contingency amount of $38,800, for a total authorization amount of $ 426,800. The scope of work included the removal and replacement of pavement and base for the entire length of North Walnut Drive from Lemon Avenue to the westerly boundary. Also included was the removal and replacement of curb and gutter, driveways, and sidewalk; and other incidental and appurtenant work necessary for the proper construction of the improvements. The City authorized the Notice to Proceed for the project on October 31, 2005. Sully -Miller Contracting, Co., Inc. has completed all work required as part of this project in accordance with the plans and specifications approved by the City. Final construction cost of the project is $415,316.77. This amount is $11,483.23 under the total authorization amount of $426,800. PREPARED BY: Sharon Gomez, Public Works Services Manager Date Prepared: April 24, 2006 REVIE David iu, Director of Public Works Attachments. Notice of Completion RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO CITY OF DIAMOND BAR 21825 E. COPLEY DRIVE DIAMOND BAR, CALIFORNIA 91765 ATTENTION: CITY CLERK NOTICE OF COMPLETION Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. Notice is hereby given that 1. The undersigned is the owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described: 2. The full name of the owner is City of Diamond Bar 3. The fall address of the owner is 21825 Copley Drive Diamond Bar CA 91765 4. The nature of the interest or estate of the owner is; "In fee" (Ifother than fee, strike "In fee' and insert, for example, `purchaser under contract ofpu hase," or "lessee") 5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are: NAMES ADDRESSES 6. A work of improvement on the property hereinafter described was completed onMarch 31 2006. The work done was: Walnut Drive Street Rehabilitation Project 7. The name of the contractor, if any, for such work of improvement was Sully -Miller Contracting Co. Inc. (If no contractor for work of impmvemrnt as a whole, insert'Srone") Se tember 20 2005(Date of Contract) 8. The property on which said work of improvement was completed is in the City of Diamond Bar, County of Los Angeles, State of California, and is described as follows Walnut Drive Street Rehabilitation Project 9. The street address of said property is "none" Dated: Verification for Individual Owner (Ifno street address has been ofrrcially assigned, insert "none") CITY OF DIAMOND BAR Signature of owner or corporate officer of owner named in paragraph 2 or his agent VERIFICATION 1, the undersigned, say: I am the Director of Public Works the declarant of the foregoing ('resident or', "Manager of," "A parmer of," "Owner of," etc.) notice of completion; I have read said notice of completion and know the contests thereof; the same is true of my own knowledge. 1 declare under penalty ofperjury that the foregoing is true and correct. Executed on ---- May 3 20 _q§_ at Diamond Bar California.(Date of signaturE) (City where signed) (Personal signature ofthe individual who is swearing that the contents of the notice ofcompletion are true) DO NOT RECORD REQUIREMENTS AS TO NOTICE OF COMPLETION A notice of completion must be filed for record WITHIN 10 DAYS after completion of the work of improvement (to be computed exclusive of the day of completion), as provided in Civil Code Section 3093. The "owner" who must file for record a notice of completion of a building or other work of improvement means the owner (or his successor in -interest at the date the notice is filed) on whose behalf the work was done, though his ownership is less than the fee title. For example, if A is the owner in fee, and B, lessee under a lease, causes a building to be constructed, then B, or whoever has succeeded to his interest at the date the notice is filed, must file the notice. If the ownership is in two or more persons as joint tenants or tenants in common, the notice may be signed by any one of the co- owners (in fact, the foregoing form is designed for giving of the notice by only one covenant), but the names and addresses of the other co-owners must be stated in paragraph 5 of the form. Note that any Notice of Completion signed by a successor in interest shall recite the names and addresses of his transferor or transferors. In paragraphs 3 and 5, the full address called for should include street number, city, county and state. As to paragraphs 6 and 7, this form should be used only where the notice of completion covers the work of improvement as a whole. If the notice is to be given only of completion of a particular contract, where the work of improvement is made pursuant to two or more original contracts, then this form must be modified as follows: (1) Strike the works "A work of improvement" from paragraph 6 and insert a general statement of the kind of work done or materials furnished pursuant to such contract (e.g., "The foundations :For the improvement"); (2) Insert the name of the contractor under the particular contract in paragraph 7. In paragraph 7 of the notice, insect the name of the contractor for the work of improvement as a whole. No contractor's name need be given if there is no general contractor, e.g., on so-called "owner -builder jobs." In paragraph 8, insert the full legal description, not merely a street address or tax description. Refer to deed or policy of title insurance. If the space provided for description is not sufficient, a rider may be attached. In paragraph 9, show the street address, if any, assigned to the property by any competent public or governmental authority. Agenda # 6 . s Meeting Date: May 2 2006 CITY COUNCIL "'OkenRA'SAGENDA REPORT lass TO: Honorable Mayor and Members o the City Council VIA: Linda C. Lowry, City Manager TITLE: APPROVAL OF SETTLEMENT CLAIMS FOR DAMAGES TO CITY PROPERTY RECOMMENDATIONS: It is recommended the Council approve the attached settlements. FISCAL IMPACT: By settling these cases, the City will recover $16,825 of an outstanding $26,223 for damages to City property. If accepted, the right to pursue litigation to recover the remainder is permanently waived. BACKGROUND 1 DISCUSSION: In the event of an auto accident that results in damage to City property such as traffic signals, signal boxes, signs, or structures, the City immediately arranges for the necessary repairs to maintain the public right-of-way in a safe condition. The City then pays the related invoices upon receipt. Those drivers found to be at fault for the accident and related damages are then invoiced for the cost of repairs, including materials, equipment, and labor. Most opt to forward the claims to their insurance companies for payment. On July 5, 2005, Ernestine Miller Cole was involved in an auto accident at the intersection of Diamond Bar Blvd. and Sunset Crossing Road, causing $15,098.00 in damage to a City owned traffic signal cabinet. The Los Angeles County Sheriff's Department found Ms. Cale to be completely at fault. Ms. Cole holds an insurance policy with a $10,000 limit. Platinum Claims Services, Inc., Ms. Cole's claim administrator, has offered $5,700 to settle. After consulting with legal counsel, staff has determined that it is unlikely a lawsuit would recover the complete amount without the City incurring significant legal costs. On December 19, 2005, Robert Morillo was involved in an accident at the intersection of Diamond Bar Blvd. and Mountain Laurel Way that caused $11,125 in damage to a City owned traffic signal pole. The Los Angeles County Sheriff's Department found Mr. Morillo to be at fault. Like Ms. Cole, Mr. Morillo holds an insurance policy with a $10,000 limit of coverage. His insurance claims provider, David Morse & Associates, has offered a settlement of $10,000 to resolve the case. While these settlements do not fully reimburse the City for the costs related to the repairs, they represent the best option to maximize return. Should the City choose to not accept the offers, lawsuits could be filed in an attempt to recover the full amount outstanding in each case. However, since the amount of damages in both cases exceeds $5,000, they cannot be filed in Small Claims Court and would be heard at trial in Superior Court. Such litigation would impose a significant legal bill on the City, to the point of being counterproductive. Prepared by: Ryan M ean, Senior Management Analyst Attachments Reviewed By: N - Dave Doyle, As istant City Manager 1. Release of Property Damage Claim Settlement in the Amount of $5,700 from Platinum Claims Services, Inc. on behalf of Ernestine Miller Cole 2. Property Damage Release Settlement in the Amount of $10,000 from David Morse & Associates on behalf of Robert Morillo. PO B=6483 • Cho' CA9301141083 c�.s■�s seances. NW - Om (BMW -2979 • F= X1923 O. Na num cis Aftnrrhn December 08, 2005 CITY OF DIAMOND BAR 21825 COPLEY DRIVE DIAMOND BAR CA 91765 Insurer: HARBOR SPECIALTY INSURANCE CO. Insured: OLIVER USSERY Insured Driver: ERNESTINE MILLER COLE Claim No.: 00022246YA Claimant: CITY OF DIAMOND BAR Your Case No: 105-05227-2920-471 Date of Loss: 07/05/05 Dear MICHELLE CHAN: We represent the above insurer. Please reference our claim number on all correspondence. After careful consideration of the information we have for this loss, we have determined that both parties share responsibility for the loss. Our determination is based upon the following: Our insured made a left turn in front of the claimant driver, Debra Guerrero and they collided. The claimant driver, Debra Guerrero continued to travel, struck two control boxes, and struck a parked vehicle. Based on the physical damages, the claimant driver, Debra Guerrero was traveling at an unsafe speed. Therefore, we will accept 80% liability for the above reference loss. If you believe that this claim has been wrongfully denied or rejected, you may have the matter reviewed by the California Department of Insurance, which you may contact by writing: California Department of Insurance, Claim Service Bureau, 11th floor, 300 South Sprin Street, Los Angeles, CA. 90013 or calling the following Consumer Communications Bureau Telephone Numbers: (800) 927-4357 or (213) 897-8921. Should you have any questions, please contact our office between 8:OOA.M.-4:30P.M., Monday through Friday. Sincerely, CAROL RANDLE Claims Representative Platinum Claims Services, Inc. (888) 607-2879 ext. 403 CMSC109(02/2002) 4 CLAIMS SERVICES, INC. dba Platinum Claims Administrators RELEASE OF PROPERTY DAMAGE CLAIM CLAIM NO.: 00022246YA For the Sole Consideration of $5 700.00 Dollars, the receipt and sufficiency whereof is hereby acknowledged, the undersignea hereby releases and forever discharges: Oliver Ussery and Ernestine Miller Cole, their heirs, executors, administrators, agents and assigns, and all other persons, firms or corporations liable or, who might be claimed to be liable, none of whom admit any liability to the undersigned but all expressly deny an liability, from any demands, damages, actions, causes of action or suits oY any kind or nature whatsoever on account of property damage, which have resulted or ma in the future develop from an accident which occurred on or about 07/05/5 at or near Diamond Bar, CA �rThis release expressly reserves all rights of the parties released to pursue their legal remedies, if any, against the undersigned, their heirs,`' 'executors, agents and assigns. Undersigned hereby declares that the terms of this settlement have been completely read and are fully understood and voluntarily accepted for the purposes of makin a full and final compromise adjustment and settlement of any claims, dis uted or otherwise, on account of property damages above mentioned and or the express purpose of precluding forever any further or additional property damage claims arising out of the aforesaid accident. Undersigned hereby accepts draft or drafts as final payment of the consideration set forth above. Signed: Date: Print Name: In Witness whereof, have hereunto set seal (s) this day of (year) hand(s) and NOTE: For our rotection, the law of your state requires the following to ap-pear on Khis orm: Any person who knowingly and with intent to injure, de rauds or deceive any insurance company, fYies a statement of claim containing any false, incomplet, or misleading information, may be guilty of a felony and subjece t to criminal and civil penalties. Florida only: Violation of this provision is a felony of the third degree. Oklahoma only: Any person who knowingly, and with intent to injure, derraud or deceive any insurer, makes any claim for the proceeds of an insurance policy containing any false, incomplete or misleading information is guilty of a elon For our protection, California Law requires the following to appear on this orm: Any person who knowinglypresents a false or frau dulen claim for the payment of a loss is guilty of a crime and may be subject of fines and confinement in state prison. WITNESS: Date: SIGNED: ADDRESS: P.O. Box 6083 - Camarillo, CA 93011 • Toll Free: 888-607-2879 • Phone: 805-445-1975 • Fax: 805-445-1925 ' • David Morse & Associates ` Insurance Claims Services P.O. Box 26004, Glendale, CA 91222.6004 April 11, 2006 City of Diamond Bar Attn: Michelle Chan 21825 Copley Dr. Diamond Bar, CA 91765 C L M: 099 -SUB -1007509148-1 RE. CLAIM NUMBER OUR INSURED: DATE OF LOSS: CLAIMANTS: Attention: Michelle Chan: ASC -0039830 Robert Morillo 12/19/2005 City of Diamond Bar email@davidmorse.com www.davidmoraD.com (323) 342-1650 fax (323) 342-1690 W co We have concluded our investigation into the accident, which occurred on the date shown above. We have determined that the total of your property damage exceeds the limit of coverage available to our policyholder. The available coverage limit is $10,000 for property damage caused by any one accident. Your damages are: To conclude your claim in a manner that is as equitable as possible, we hereby offer you your pro rata share of the available coverage: Our offer is: $10,000 to City of Diamond Bar. ARIZONA - CALIFORNIA - CONNECTICUT - FLORIDA - IDAHO - ILLINOIS - MASSACHUSETTS MICHIGAN - NEVADA - NEW JERSEY - NEW YORK - OREGON - WASHINGTON pPagpe2 Should you find this offer acceptable, please sign and return the enclosed Release of All Claims, releasing our policyholder from further liability for your property damage. Upon receipt of ALLparties' signed and dated release forms, we will issue our draft in payment of your property damage claim. If all parties cannot agree to the pro rata distribution, your release will be returned to you and any prior settlement offer will become null and void. If you have any questions, or wish to discuss this matter, please contact me at your convenience. Sincerely, Charles Pinckney Claims Representative Phone: 323-342-6918 Hrs:7:30AM-4:OOPM M -F P-_,'�SC-0039830' PROPERTY DAMAGE RELEASE KNOW ALL MEN BY THESE PRESENTS.- That RESENTS:That the Undersigned, being of lawful age, for sole consideration of: Ten Thousand and 001900 Dollars ($90,000.00) to be paid to City of Diamond Bar do/does hereby and for my/our/its heirs, executors, administrators, successors and assigns release, acquit and forever discharge Robert Morillo and his, her, their, or its agents, servants, successors, heirs, executors, administrators and all other persons, firms, corporations, associations or partnerships of and from any and all claims, actions, causes of action, demands, rights, damages, costs, loss of service, expenses and compensation whatsoever, which the undersigned now has/have or which may hereafter accrue on account of or in any way growing out of any and all known and unknown, foreseen and unforeseen property damage and the consequences thereof resulting or to result from the occurrence on or about the Nineteenth day of December, 2005. It is understood and agreed that this settlement is the compromise of a doubtful and disputed claim, and that the payment made is not to be construed as an admission of liability on the part of the party or parties hereby released, and that said releases deny liability therefore and intend mereiy to avoid litigation and buy their peace. It is further understood and agreed that all rights under Section 1 542 of the Civil Code of California and any similar law of any state or territory of the United States are hereby expressly waived. Said section reads as follows. "1542. Certain Claims Not Affected By General Release. A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. The undersigned further declare(s) and represent(s) that no promise, inducement or agreement not herein expressed has been made to the undersigned, and that this Release contains the entire agreement between the parties hereto, and that terms of this Release are contractual and not a mere recital. FOR YOUR PROTECTION CALIFORNIA LAW REQUIRES THE FOLLOWING TO APPEAR ON THIS FORM: Any person who knowingly presents false or fraudulent claim for the payment of a loss is guilty of a crime and may be subject to fines and confinement in state prison. THE UNDERSIGNED HAS READ THE FOREGOING RELEASE AND FULLY UNDERSTANDS IT. Signed, sealed and delivered this day of 20 CAUTION: READ BEFORE SIGNING BELOW City of Diamond Bar Representative DATE WITNESS DATE PLEASE PRINT WITNESS NAME AND CONTACT NUMBER: BELOW FOR NOTARY PUBLIC ONLY (IF USED): STATE OF COUNTY OF On the day of , 20 __ before me personally appeared to me known to be the person(s) named herein and who executed the foregoing Release and acknowledged to me that voluntarily executed the same. My term expires 20 NOTARY PUBLIC Agenda # Meeting Date:_ May 2, 2006 TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City ManagerL TITLE: RESOLUTION OF THE CITY C NCIL OF THE CITY OF DIAMOND BAR TO DECLARE THE CITY'S INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR LANDSCAPE DISTRICT NO. 38 AND DIRECT THE CITY CLERK TO ADVERTISE THE PUBLIC HEARING BEFORE THE COUNCIL AT THE JUNE 6, 2006 REGULAR MEETING. RECOMMENDATION: Approve. FINANCIAL SUMMARY: There will be no impact on the City's General Funds. As shown on the attached Engineer's Report, the $265,215 of assessment generated by this District is proposed to pay for the operation, maintenance cost, and capital improvements budgeted in Special Fund No. 138. BACKGROUNDIDISCUSSION: The attached Engineer's Report for the City's Landscaping Assessment District Number 38, which is prepared pursuant to provisions of the Landscaping and Lighting Act of 1972 of Part 2 of Division 15 of the Streets and Highways Code of the State of California, includes authority for the report, estimated costs of improvements, a diagram for the District and the assessments. The estimated number of parcels within the District is 17,681 parcels. The amount assessed upon the lands within District Number 38 for Fiscal Year 2005-2006 was $15.00 per parcel. The amount to be assessed for Fiscal Year 2006-2007 is to remain at $15.00 per parcel. The assessments will be utilized towards the general maintenance of City's medians and parkways. The proposed assessment has been determined to be exempt from the provisions of Proposition 218 as set forth in section 5 (a): Any assessment imposed exclusively to finance the capital costs or maintenance and operation expenses for sidewalks, streets, sewers, water, flood control drainage systems or vector control. Prepared By: Sharon Gomez, Public Works Services Manager REVIEWED BY - G1 -11 David G. Liu Director of Public Works Attachments: Resolution No. 2006 -XX Engineer's Report 2 RESOLUTION NO. 2006 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR TO DECLARE THE CITY'S INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR LANDSCAPE DISTRICT NO. 38 AND DIRECT THE CITY CLERK TO ADVERTISE THE PUBLIC HEARING BEFORE THE COUNCIL AT THE JUNE 6, 2006 REGULAR MEETING. A. RECITALS. (i) Heretofore the City of Diamond Bar Assessment District No. 38 was created pursuant to Part 2 of Division 15 of the California Streets and Highways Code (§§ 22500, et. seq.). (ii) The City Engineer has prepared, filed with the City Clerk and presented to this Council a report relating to said assessment district pursuant to the provisions of the California Streets and Highways Code § 22623. (iii) All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION. NOW, THEREFORE, THE City Council of the City of Diamond Bar does hereby find, determine and resolve as follows: 1. The Recitals, as set forth in Part A of this Resolution, are in all respects true and correct. 2. The above-described report submitted by the City Engineer relating to City of Diamond Bar Assessment District No. 38 is hereby approved as filed. 3. This Council hereby declares its intention to levy and collect assessments during fiscal year 2006-07 pursuant to Part 2 of Division 15 of the Streets and Highways Code of the State of California, known as the "Landscaping and Lighting Act of 1972," within that area designated "City of Diamond Bar Assessment District No. 38," as shown on Exhibit "A-1" attached hereto and incorporated herein by reference. 1 4. A general description of the improvements proposed for the aforementioned district is as follows: The installation, maintenance and servicing of landscaping and any facilities which are appurtenant thereto or which are necessary or convenient for the maintenance and servicing thereof, including but not limited to, repair, removal or replacement, grading, clearing, removal of debris, pruning, fertilization, pest control and weed control, and the installation or construction of appurtenant facilities, including curbs, gutters, walls, sidewalks or paving, or water, irrigation, drainage, or electrical facilities. Said installation, maintenance and servicing of the landscaping and installation, maintenance and servicing of related work shall be within the area of Assessment District No. 38 as shown on Exhibit "A-1." The location and type of improvement is shown on Exhibit "B-1," as attached hereto and incorporated herein by reference. 5. Reference is hereby made to the report of the City Engineer relating to the said assessment district hereinabove approved. Said report is on file with the City Clerk of the City of Diamond Bar and contains a full and detailed description of the improvements, the boundaries of the assessment district and contains the proposed assessments upon assessable lots and parcels of land within City of Diamond Bar Assessment District No. 38 for fiscal year 2006-07. Said proposed assessment per lot is the amount of $15.00, the same amount which was levied in fiscal year 2005-06. 6. This Council hereby fixes 7:00 p.m. on June 6, 2006 in the South Coast Air Quality Management District Auditorium, 21865 Copley Drive, Diamond Bar, California, as the time and place for a hearing before this Council on this question of the levy of the proposed assessments on assessable lots with City of Diamond Bar Assessment District No. 38 for fiscal year 2006-07 and hereby gives notice of said hearing. 2 7. The City Council hereby determines and declares that the proposed assessments constitute a continuation of assessments existing on the effective date of Article XIIID of the California Constitution, that the assessments are imposed exclusively to finance the capital costs and maintenance and operation expenses for streets and sidewalks and that the assessments are exempt from the requirements of Article XIIID, Section 4 of the California Constitution. 8. The City Clerk shall: (a) Certify to the adoption of this Resolution; and (b) Cause a true and correct copy of this Resolution to be published pursuant to California Government Code § 6061. PASSED, ADOPTED AND APPROVED this 2'd day of May, 2006. Carol Herrera Mayor I, TOMMYE CRIBBINS, 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 the 2nd day of May, 2006, by the following Roll Call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Tommye Cribbins, City Clerk City of Diamond Bar 3 ENGINEER'S REPORT Update of ASSESSMENT DISTRICT NO. 38 Fiscal Year 2006-07 CITY OF DIAMOND BAR Preliminary: May 2, 2006 Prepared by: GFB-FRIEDRICH & ASSOC., INC. 6629 Riverside Avenue, Suite 230 Pktiaro;Al re ooron TABLE OF CONTENTS INTRODUCTION BOUNDARIES OF DISTRICT IMPROVEMENTS Landscaping FINANCIAL ANALYSIS Revenue Appropriations METHOD OF APPORTIONMENT ASSESSMENT ASSESSMENT ROLL EXHIBITS Exhibit "A-1" - Assessment Diagram Exhibit "B-1" - Improvement Map Pane 1 2 3 4 6 7 8 INTRODUCTION Pursuant to the order of the City Council of the City of Diamond Bar, this report is prepared in compliance with the requirements of Article 4, Chapter 1, Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of the State of California. This report presents the engineering analysis for the 2006-07 Fiscal Year for the district known as: ASSESSMENT DISTRICT NO. 38 CITY OF DIAMOND BAR (Hereinafter referred to as "District"). This District, by special benefit assessments, provides funding for the maintenance of landscaped areas owned by the City of Diamond Bar which are located in public rights- of-way within the City of Diamond Bar. Section 22573, Landscaping and Lighting Act of 1972, requires assessments to be levied according to benefit rather than according to assessed value. The section states: The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated special benefits to be received by each such lot or parcel from the improvements. The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 (commencing with Section 5000)) [of the Streets and Highways Code, State of California]." As the assessments are levied on the basis of benefit, they are considered a user's fee, not a tax, and, therefore, are not governed by Article XIIIA of the California Constitution. Properties owned by public agencies, such as a city, county, state or the federal government, are not assessable under pre -Prop 218 law. Assessment District No. 38 Engineer's Report -- FY 2006-2007 BOUNDARIES OF DISTRICT The boundary of the District is completely within the City limits of the City of Diamond Bar and is shown on the Assessment Diagram (on file in the office of the City Clerk at the City Hall of Diamond Bar as Exhibit "A-1"). All parcels of real property included within the District are described in detail on maps on file in the Los Angeles County Assessor's office. Assessment District No. 38 2 Engineer's Report — FY 2006-2007 IMPROVEMENTS The facilities and items of servicing and maintenance included within the District are as follows. Landscaping Servicing means the furnishing of water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements. Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of any improvement, including: 1. Repair, removal or replacement of all or any part of any landscape improvement. 2. Providing for the life, growth, health and beauty of landscaping, including without limitation, cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury. 3. The removal of trimmings, rubbish, debris and other solid waste. Improvements to be serviced and maintained include, but are not limited to, median island and parkway landscaping on major streets and thoroughfares in the City of Diamond Bar. Exhibit "B-1," attached hereto, shows the location and extent of the landscaping improvements to be maintained by the proceeds from this assessment district. Assessment District No. 38 Engineer's Report— FY 2006-2007 FINANCIAL ANALYSIS The estimated funding for maintenance and servicing of landscaping for the update of Assessment District No. 38 for the 2006-07 Fiscal Year is as follows: 2006-07 Revenue: Recommended Budget Appropriation Fund Balance (from FY 2005-06) $ 73,445 Property Tax — Special Assessments 265,215 Interest Revenue 6,000 TOTAL $ 344,660 Appropriations: Personnel Services Salaries $ 19,050 City Paid Benefits 250 Retirement 3,450 Worker's Compensation Expense 600 Short/Long Term Disability 150 Medicare Expense 300 Cafeteria Benefits 3,000 Operating Expenses Advertising 1,000 Utilities Water 143,000 Edison 9,000 Water— Increased service area ($16,000) 16,000 Edison — Increased service area ($1,000) 1,000 Maintenance -Grounds & Bldg 20,000 Professional Services 4,000 Contract Services 116,720 Capital Outlay Miscellaneous Equipment 3,500 Reserve for Future Capital Improvements 3,640 TOTAL S 344,660 Includes replacement of one irrigation controller/cabinet box @ $3,500/each. Assessment District No. 38 4 Engineer's Report— FY 2006-2007 Plans and Specifications Plans and specifications showing the general nature, location and extent of the proposed improvements are on file in the office of the City Clerk and available for public inspection. METHOD OF APPORTIONMENT The net amount to be assessed upon lands within the District in accordance with this report is apportioned by a formula and method which fairly distributes the amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each lot or parcel from the improvements, namely the maintenance and servicing of public landscaping improvements within such District. The maintenance and servicing of public landscaping improvements installed and constructed in public places in the City of Diamond Bar provides a special benefit which is received by each and every lot or parcel within the District, tending to enhance their value. The primary benefits of landscaping are as set forth below: 1. Beautification of the streets which are used by all of the residents in Diamond Bar. 2. A sense of community pride resulting from well-maintained green spaces. 3. The enhancement of the value of property which results from the foregoing benefits. Existing land use information indicates that well over 90 percent of the parcels within the City of Diamond Bar are residences. Because the special benefits derived apply equally to all residents and parcels, it has been determined that all assessable parcels would receive the same net assessment, Assessment District No. 38 Engineer's Report — FY 2006-2007 ASSESSMENT The amount to be assessed upon the lots and parcels within the District and the amount apportioned to each assessable parcel within the District is shown in the table below. Estimated Assessment Requirements: $265,215 Estimated Number of Parcels: 17,681 Estimated Assessment Per Parcel: $ 15.00 2005-06 Assessment Per Parcel: $ 15.00 2006-07 Assessment Per Parcel: $ 15.00 Difference: $ 0.00 Assessment District No, 38 Engineer's Report— FY 2406-2007 ASSESSMENT ROLL The individual 2006-07 assessments, tabulated by Assessor's parcel number, are shown on an Assessment Roll on file in the Office of the City Clerk of the City of Diamond Bar as Exhibit "C" and are made a part of this report by reference. (The Assessment Roll is not included in this report due to its volume.) Dated: _ % �J , 2006 pRoFE55rpM� ell � Y m71 No. C27861 Exp.cF3 —C3AL CIVIL Assessment District No. 38 $ Engineer's Report — FY 2006-2007 GFB-FRIEDRICH & ASSOC., INC. A. FRIE RIC EXHIBITS Agenda # Meeting Date: May 2, 2006 __......... __...... CITY COUNCI5`�' ` AGENDA REPORT L ysg TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager"��f' TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR TO DECLARE THE CITY'S INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR LANDSCAPE DISTRICT NO. 39 AND DIRECT THE CITY CLERK TO ADVERTISE THE PUBLIC HEARING BEFORE THE COUNCIL AT THE JUNE 6, 2006 REGULAR MEETING. RECOMMENDATION: Approve. FINANCIAL SUMMARY: There will be no impact on the City's General Funds. As shown on the attached Engineer's Report, the $164,190 of assessment generated by this District is proposed to pay for the operation, maintenance costs, and capital improvements budgeted in Special Fund No. 139. BACKGROUNDIDISCUSSION: The attached Engineer's Report for the City's Landscaping Assessment District Number 39, which is prepared pursuant to provisions of the Landscaping and Lighting Act of 1972 of Part 2 of Division 15 of the Streets and Highways Code of the State of California, includes authority for the report, estimated costs of improvements, a diagram for the District and the assessments. The estimated number of parcels within the District is 1,263 parcels. The amount assessed upon the lands within District Number 39 for Fiscal Year 2005-2006 was $130.00 per parcel. The amount to be assessed for Fiscal Year 2006-2007 is to remain at $130.00 per parcel. The assessments will be utilized towards the general maintenance of slopes, open space areas and the five (5) mini parks within District 39. The proposed assessment has been determined to be exempt from the provisions of Proposition 218 as set forth in section 5 (b): Any assessment imposed pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment is initially imposed. Prepared By: Sharon Gomez, Public Works Services Manager REVIEWED BY: David 6Aiu Director of Public Works Attachments: Resolution No. 2006 -XX Engineer's Report RESOLUTION NO. 2006 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR TO DECLARE THE CITY'S INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR LANDSCAPE DISTRICT NO. 39 AND DIRECT THE CITY CLERK TO ADVERTISE THE PUBLIC HEARING BEFORE THE COUNCIL AT THE JUNE 6, 2006 REGULAR MEETING A. RECITALS. (i) Heretofore the City of Diamond Bar Assessment District No. 39 was created pursuant to Part 2 of Division 15 of the California Streets and Highways Code (§§ 22500, et. seq.). (ii) The City Engineer has prepared, filed with the City Clerk and presented to this Council a report relating to said assessment district pursuant to the provisions of the California Streets and Highways Code § 22623. (iii) No substantial changes in existing improvements are proposed for said Assessment District No. 39. (iv) All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION. NOW, THEREFORE, THE City Council of the City of Diamond Bar does hereby find, determine and resolve as follows: 1. The Recitals, as set forth in Part A of this Resolution, are in all respects true and correct. 2. The above-described report submitted by the City Engineer relating to City of Diamond Bar Assessment District No. 39 is hereby approved as filed. 3. This Council hereby declares its intention to levy and collect assessments during fiscal year 2006-07 pursuant to Part 2 of Division 15 of the Streets and Highways Code of the State of California, known as the "Landscaping and Lighting Act of 1972," within that area designated "City of Diamond Bar Assessment District No. 39," as shown on Exhibit "A-2" attached hereto and incorporated herein by reference. 1 4. A general description of the improvements proposed for the aforementioned district is as follows: The maintenance and servicing of landscaping and any facilities which are appurtenant thereto or which are necessary or convenient for the maintenance and servicing thereof, including but not limited to, repair, removal or replacement, grading, clearing, removal of debris, pruning, fertilization, pest control and weed control, and the installation or construction of appurtenant facilities, including curbs, gutters, walls, sidewalks or paving, or water, irrigation, drainage, or electrical facilities. Said maintenance and servicing of the landscaping and installation, maintenance and servicing of related work shall be within the area of Assessment District No. 39 as shown on Exhibit "A-2." The location and type of improvement is shown on Exhibit "B-2," as attached hereto and incorporated herein by reference." 5. Reference is hereby made to the report of the City Engineer relating to the said assessment district hereinabove approved. Said report is on file with the City Clerk of the City of Diamond Bar and contains a full and detailed description of the improvements, the boundaries of the assessment district and contains the proposed assessments upon assessable lots and parcels of land within City of Diamond Bar Assessment District No. 39 for fiscal year 2006-07. Said proposed assessment per lot is the amount of $130.00, the same amount which was levied in fiscal year 2005-06. 6. This Council hereby fixes 7:00 p.m. on June 6, 2006 in the South Coast Air Quality Management District Auditorium, 21865 Copley Drive, Diamond Bar, California, as the time and place for a hearing before this Council on this question of the levy of the proposed assessments on assessable lots with City of Diamond Bar Assessment District No. 39 for fiscal year 2006-07 and hereby gives notice of said hearing. 2 7. The City Council hereby determines and declares that the proposed assessments constitute a continuation of assessments existing on the effective date of Article XIIID of the California Constitution, that the assessments are imposed pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment was initially imposed and that the assessments are exempt from the requirements of Article XIIID, Section 4 of the California Constitution. 8. The City Clerk shall: (a) Certify to the adoption of this Resolution; and (b) Cause a true and correct copy of this Resolution to be published pursuant to California Government Code § 6061. PASSED, ADOPTED AND APPROVED this 2"d day of May, 2006. Carol Herrera Mayor I, TOMMYE CRIBBINS, 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 the 2nd day of May, 2006, by the following Roll Call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Tommye Cribbins, City Clerk City of Diamond Bar 3 v e :oeo EXHIBIT "A-2" ASSESSMENT DIAGRAM ASSESSMENT DISTRICT NO. 39 FISCAL YEAR 21006-07 for the CITY OF DIAMOND BAR SHEET 1 OF I SHEET KwAun !OS TACH wT 011 FANCEL WnNM THE 16EENBORE FAIW EEYENI AS A651DMED n TNf NOELR ♦56ESSOn4 Mfi[S AENEgNE F011 Gb1 LOT MIAACEL OF I.ANp-wrtHiN 6NOYM OV 111f A55EEBOFS MM:4 MATE DN MlE M f wi ANGFLR COVNtt AESessOn. ' OF THECi MM OF THE CRY OF D"OH0 ANOE466, 6TAW OF CAL"mm, 7M1E_ 20_ CRY CUM OF THE CRY OF VB OND 4A E OF THE COW AV TDF, COUNTY OE LOS CAt1FOM11A; 1X15 DAV of CIiY CUM! Df THE CVTY OF OIAm—D !An Gas r-xl�n�lc�r I ASSOC.,_.INC....... yam•.:: �; t;1;� Jnr ar•.. y..�` PRO ��aaaasLi sir �` �``i� �•':`'jw��far� `','►±I� •y. �+-- ��. ��\♦yr' yrI .iii t� ri �� �y�� ti/j�w � ♦ • �R ► I •s •awo ►� al�xrY/ 44 �q�!.a CSI': iGiil�jj�►��1�� :'�I�ro� - - - �M�'� � rj•/1�C�a►i �~ r �•1111f. Row �,�\ ►. .: -.w r _ - n.� �I }1 F w!w%���i�'��r •i '; +i 1%' - - I i ti1aNti1i11 •. �l + ■a1 a►►w .r �R S j�#f it xr��':�'N' .tee :•`�� tir►� w,` 'bile �� rL.•. tri '<.-: �. n 1t .�. --r'- - ..�..,�,,. Vim` !4 w• r II�,'5 �5' 22 • gill/ ��►►►��•`,����i� ••���i�a 'y i- ; 'OFoil � I'11� /�// ►i "ice �y .` �' �`-L•�r •� :: �F, FA PROM ff.*j 141 h ENGINEER'S REPORT Update of ASSESSMENT DISTRICT NO. 39 Fiscal Year 2006-07 CITY OF DIAMOND BAR Preliminary: May 2, 2006 Prepared by: GFB-FRIEDRICH & ASSOC., INC. 6529 Riverside Avenue, Suite 230 Riverside, CA 92506 (951)781-0811 'TABLE OF CONTENTS INTRODUCTION BOUNDARIES OF DISTRICT IMPROVEMENTS Landscaping FINANCIAL ANALYSIS Revenue Appropriations METHOD OF APPORTIONMENT ASSESSMENT ASSESSMENT ROLL EXHIBITS Exhibit "A-2" - Assessment Diagram Exhibit "B-2" - Improvement Map Page 1 2 3 4 6 7 8 INTRODUCTION Pursuant to the order of the City Council of the City of Diamond Bar, this report is prepared in compliance with the requirements of Article 4, Chapter 1, Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of the State of California. This report presents the engineering analysis for the 2006-07 Fiscal Year for the district known as: ASSESSMENT DISTRICT NO. 39 CITY OF DIAMOND BAR (Hereinafter referred to as "District") This District, by special benefit assessments, provides funding for the maintenance of landscaped areas owned by the City of Diamond Bar which are located in public rights- of-way within the City of Diamond Bar. Section 22573, Landscaping and Lighting Act of 1972, requires assessments to be levied according to benefit rather than according to assessed value. The section states: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated special benefits to be received by each such lot or parcel from the improvements. The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 (commencing with Section 5000)) [of the Streets and Highways Code, State of California]." As the assessments are levied on the basis of benefit, they are considered a user's fee, not a tax, and, therefore, are not governed by Article XIIIA of the California Constitution. Properties owned by public agencies, such as a city, county, state or the federal government, are not assessable under pre -Prop 218 law. Assessment District No. 39 Engineer's Report— FY 2006-2007 BOUNDARIES OF DISTRICT The boundary of the District is shown on the Assessment Diagram (on file in the office of the City Clerk at the City Hall of Diamond Bar as Exhibit "A-2"). All parcels of real property included within the District are described in detail on maps on file in the Los Angeles County Assessor's office. Assessment District No. 39 2 Engineer's Report — FY 2006-2007 IMPROVEMENTS The facilities and items of servicing and maintenance included within the District are as follows: Landscaping Servicing means the furnishing of water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements. Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of any improvement, including: 1. Repair, removal or replacement of all or any part of any landscape improvement. 2. Providing for the life, growth, health and beauty of landscaping, including without limitation, cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury. 3. The removal of trimmings, rubbish, debris and other solid waste. The purpose of Assessment District No. 39 is for the maintenance and servicing of mini - parks, slopes and open spaces within the District. Exhibit "13-2," attached hereto, shows the location and extent of the landscaping improvements to be maintained by the proceeds from this assessment district. Assessment District No. 39 Engineer's Report— FY 2006-2007 FINANCIAL ANALYSIS The estimated funding for maintenance and servicing of landscaping for the update of Assessment District No. 39 for the 2006-07 Fiscal Year is as follows: 2006-07 Recommended Budget Revenue: Appropriation Fund Balance (from FY 2005-06) $ 127,593 Property Tax and Assessments 164,190 Interest Revenue 3,000 TOTAL $ 294,783 Appropriations: Personal Services Salaries $ 19,050 City Paid Benefits 250 Retirement 3,450 Worker's Compensation Expense 600 Short/Long Term Disability 150 Medicare Expense 300 Cafeteria Benefits 3,000 Operating Expenses Advertising 1,000 Utilities 63,400 Maintenance -Grounds & Bldg. 15,000 Professional Services 4,000 Contract Services Contract Services 134,450 Weed/Pest Abatement 15,000 Capital Outlays Miscellaneous Equipment 3,500 Reserve for Future Capital Improvements 31,633 TOTAL $ 294,783 Includes replacement of one irrigation controller/controller box @ $3,500 each. Assessment District No. 39 4 Engineer's Report— FY 2006-2007 Plans and Specifications Plans and specifications showing the general nature, location and extent of any proposed improvements are on file in the office of the City Clerk and available for public inspection. Assessment District No. 39 Engineer's Report — FY 2006-2007 METHOD OF APPORTIONMENT The net amount to be assessed upon lands within the District in accordance with this report is apportioned by a formula and method which fairly distributes the amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each lot or parcel from the improvements, namely the maintenance and servicing of public landscaping improvements within such District. The maintenance and servicing of public landscaping improvements installed and constructed in public places in the City of Diamond Bar provides a special benefit which is received by each and every lot or parcel within the District, tending to enhance their value. The primary benefits of landscaping are as set forth below: Beautification of the streets which are used by all of the residents in Diamond Bar. 2. Public parks which can be utilized and enjoyed by all residents within the District. 3. A sense of community pride resulting from well-maintained green spaces. 4. The enhancement of the value of property which results from the foregoing benefits. Existing land use information indicates that all of the parcels within the District are residences. Because the special benefits derived apply equally to all residents and parcels, it has been determined that all assessable parcels would receive the same net assessment. Assessment District No. 39 Engineer's Report — FY 2006-2007 ASSESSMENT The amount to be assessed upon the lots and parcels within the District and the amount apportioned to each assessable parcel within the District is shown in the table below. Estimated Assessment Requirements: $164,190 Estimated Number of Parcels: 1,263 Estimated Assessment Per Parcel: $ 130.00 2005-06 Assessment Per Parcel: $ 130.00 2006-07 Assessment Per Parcel: $ 130.00 Difference: $ 0.00 Assessment District No. 39 7 Engineer's Report — FY 2006-2007 ASSESSMENT ROLL The individual 2006-07 assessments, tabulated by Assessor's parcel number, are shown on an Assessment Roll on file in the Office of the City Clerk of the City of Diamond Bar as Exhibit "C" and are made a part of this report by reference. (The Assessment Roll is not included in this report due to its volume.) Dated: ��, 2006 PROFESSov FRj w x M X No. C27861 Exp. 3-31-08 sr CIVIL �P 9� CF- CAl �F Assessment District No. 39 Engineer's Report — FY 2006-2007 GFB-FRIEDRICH & ASSOC., INC. r A. FRIEDRIC EXHIBITS SHEET 10F ISHEET EXHIBIT "A-2" ASSESSMENT DIAGRAM ASSESSMENT DISTRICT N0.39 FISCAL YEAR 2006-07 for the CITY OF DIAMOND BAR SHEET I OF I SHEET EXHIBIT "B-2" ASSESSMENT DISTRICT N0.39 FISCAL YEAR 2006-07 #Or the CITY OF DIAMOND BAR Agenda # 6.9 (c1_ Meeting Date_ May 2. 2005 CITY COUNCIL �''�' -" AGENDA REPORT TO: Honorable Mayor and Members of e City Council VIA: Linda C. Lowry, City Manager �Ly� TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR TO DECLARE THE CITY'S INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR LANDSCAPE DISTRICT NO. 41 AND DIRECT THE CITY CLERK TO ADVERTISE THE PUBLIC HEARING BEFORE THE COUNCIL AT THE JUNE 6, 2006 REGULAR MEETING. RECOMMENDATION: Approve. FINANCIAL SUMMARY: There will be no impact on the City's General Funds. As shown on the attached Engineer's Report, the $122,157 of assessment generated by this District is proposed to pay for the operation, maintenance costs, and capital improvements budgeted in Special Fund No. 141. BACKGROUND/DISCUSSION: The attached Engineer's Report for the City's Landscaping Assessment District Number 41, which is prepared pursuant to provisions of the Landscaping and Lighting Act of 1972 of Part 2 of Division 15 of the Streets and Highways Code of the State of California, includes authority for the report, estimated costs of improvements, a diagram for the District and the assessments. The estimated number of parcels within the District is 554 parcels. The amouni assessed upon the lands within District Number 41 for Fiscal Year 2005-2006 was $220.50 per parcel. The amount to be assessed for Fiscal Year 2006-2007 is to remain at $220.50 per parcel. The assessments will be utilized towards the general maintenance of mini parks, slopes, and open space areas within District 41. The proposed assessment has been determined to be exempt from the provisions of Proposition 298 as set forth in section 5 (b): Any assessment imposed pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment is initially imposed. Prepared By: Sharon Gomez, Public Works Services Manager REVIEWED BY: D id G. iu Director of Public Works Attachments: Resolution No. 2006 -XX Engineer's Report 2 RESOLUTION NO. 2006. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR TO DECLARE THE CITY'S INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR LANDSCAPE DISTRICT NO. 41 AND DIRECT THE CITY CLERK TO ADVERTISE THE PUBLIC HEARING BEFORE THE COUNCIL AT THE JUNE 6, 2006 REGULAR MEETING. A. RECITALS. (i) Heretofore the City of Diamond Bar Assessment District No. 41 was created Pursuant to Part 2 of Division 15 of the California Streets and Highways Code (§§ 22500, et. seq.). (ii) The City Engineer has prepared, filed with the City Clerk and presented to this Council a report relating to said assessment district pursuant to the provisions of the California Streets and Highways Code § 22623. (iii) No substantial changes in existing improvements are proposed for said Assessment District No. 41. (iv) All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION. NOW, THEREFORE, THE City Council of the City of Diamond Bar does hereby find, determine and resolve as follows: 1. The Recitals as set forth in Part A of this Resolution, are in all respects true and correct. 2. The above-described report submitted by the City Engineer relating to City of Diamond Bar Assessment District No. 41 is hereby approved as filed. 3. This Council hereby declares its intention to levy and collect assessments during fiscal year 2006-07 pursuant to Part 2 of Division 15 of the Streets and Highways Code of the State of California, known as the "Landscaping and Lighting Act of 1972," within that area designated "City of Diamond Bar Assessment District No. 41," as shown on Exhibit "A-3" attached hereto and incorporated herein by reference. 1 4. A general description of the improvements proposed for the aforementioned district is as follows: The maintenance and servicing of landscaping and any facilities which are appurtenant thereto or which are necessary or convenient for the maintenance and servicing thereof, including but not limited to, repair, removal or replacement, grading, clearing, removal of debris, pruning, fertilization, pest control and weed control, and the installation or construction of appurtenant facilities, including curbs, gutters, walls, sidewalks or paving, or water, irrigation, drainage, or electrical facilities. Said maintenance and servicing of the landscaping and installation, maintenance and servicing of related work shall be within the area of Assessment District No. 41 as shown on Exhibit "A-3." The location and type of improvement is shown on Exhibit "B-3," as attached hereto and incorporated herein by reference." 5. Reference is hereby made to the report of the City Engineer relating to the said assessment district hereinabove approved. Said report is on file with the City Clerk of the City of Diamond Bar and contains a full and detailed description of the improvements, the boundaries of the assessment district and contains the proposed assessments upon assessable lots and parcels of land within City of Diamond Bar Assessment District No. 41 for fiscal year 2006-07. Said proposed assessment per lot is the amount of $220.50, the same amount which was levied in fiscal year 2005-06. 6. This Council hereby fixes 7:00 p.m. on June 6. 2006 in the South Coast Air Quality Management District Auditorium, 21865 Copley Drive, Diamond Bar, California, as the time and place for a hearing before this Council on this question of the levy of the proposed assessments on assessable lots with City of Diamond Bar Assessment District No. 41 for fiscal year 2006-07 and hereby gives notice of said hearing. 7. The City Council hereby determines and declares that the proposed assessments constitute a continuation of assessments existing on the effective date of Article XIIID of the California Constitution, that the assessments are imposed pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment was initially imposed and that the assessments are exempt from the requirements of Article XIIID, Section 4 of the California Constitution. 8. The City Clerk shall: (a) Certify to the adoption of this Resolution; and (b) Cause a true and correct copy of this Resolution to be published pursuant to California Government Code § 6061. PASSED, ADOPTED AND APPROVED this 2nd day of May, 2006. Carol Herrera Mayor I, TOMMYE CRIBBINS, 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 the 2nd day of May, 2006, by the following Roll Call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Tommye Cribbins, City Clerk City of Diamond Bar 3 EXHIBIT "A-3" ASSESSMENT DIAGRAM ASSESSMENT DISTRICT NO. 41 FISCAL YEAR 2006 r- 07 forthe CITY OF DIAMOND BAR uraMal prjq �� IIIfNI� � •i�fffii��►` �I• � �, �I 8 THE AiBE.lNEM NNMlFA FpE BALM LOT OR AIROEt M1TMM TNF DKTAICT A TEE ASSEEBDRa FMCft NUMBER A6 ASSIONEO sT YHE COINaEV OF LDC AN.ELLa A68WSdR'60FFICF. TME LNfS ANO DrMEN510M! FOR FAL11 LOT OA FARDEL OF LAND WF -k xHF D6TIIR:T ANpSNOmm ON SNE AyFBSpR'6 [6SDRFAVOR MAFi ONFNE Mi TME' DFHCF OF TNf LO6 ANOGe6 CWNTY Ass, •east N!F CgIRIEar a T1rE.5rET of DllLgq !/A ..aaD m :MFA �.. aaRo SHEET IOFISWEET I UiY FILED Ni THE OFFICE dF.7Nf Cm CL£AK OF THE E]TT CF DyYONO . MR, Co! OF LOS AMUFLES. STATE OF CALNDmSA. THIS DAV OF W CIT' "RK OF THE I— OF DIAMDIm .AA FILED M THE OFFICE OF.TNE GDUK" ALUM COVN OF LOS ANSFL£E, $TaTE EFF CAIJFpFaIA, THIS DAY OF 20T Cm C—K OF THE CETT OF DIAMOND .M 6P8-F'RIEDRICH � SHEET I OF I SHEET EXHIBIT `°B-3" ASSESSMENT DISTRICT N0.41 FISCAL YEAR 2006-07 forthe CITY 4F DIAMOND BAR 4 WY• � ..• SUL[f •]Ob :v ♦ LEG NO "' ■urr� ASSESSMENT WSTRICT SoLMARY i+i'.{ '$:4F :2-: :RUSH 3—C■C3 MR9EWSLOPES ILD■ Acm TURF IT.■ O ]s. b� my GFB-FRIEL'IRICH Txc rm as nulo]p ]sa & ASSQC, INC. foo rtoo ENGINEER'S REPORT Update of ASSESSMENT DISTRICT NO. 41 Fiscal Year 2006-07 CITY OF DIAMOND BAR Preliminary: May 2, 2006 Prepared by: GFB-FRIEDRICH & ASSOC., INC. 6529 Riverside Avenue, Suite 230 Riverside, CA 92506 TABLE OF CONTENTS INTRODUCTION BOUNDARIES OF DISTRICT IMPROVEMENTS Landscaping FINANCIAL ANALYSIS Revenue Appropriations METHOD OF APPORTIONMENT ASSESSMENT ASSESSMENT ROLL EXHIBITS Exhibit "A-3" - Assessment Diagram Exhibit "B-3" - Improvement Map Pane 1 2 3 4 6 7 8 INTRODUCTION Pursuant to the order of the City Council of the City of Diamond Bar, this report is prepared in compliance with the requirements of Article 4, Chapter 1, Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of the State of California. This report presents the engineering analysis for the 2006-07 Fiscal Year for the district known as: ASSESSMENT DISTRICT NO. 41 CITY OF DIAMOND BAR (Hereinafter referred to as "District") This District, by special benefit assessments, provides funding for the maintenance of landscaped areas owned by the City of Diamond Bar which are located in public rights- of-way within the City of Diamond Bar, Section 22573, Landscaping and Lighting Act of 1972, requires assessments to be levied according to benefit rather than according to assessed value. The section states: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated special benefits to be received by each such lot or parcel from the improvements. The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 (commencing with Section 5000)) (of the Streets and Highways Code, State of California]." As the assessments are levied on the basis of benefit, they are considered a user's fee, not a tax, and, therefore, are not governed by Article XI I IA of the California Constitution. Properties owned by public agencies, such as a city, county, state or the federal government, are not assessable under pre -prop 218 law. Assessment District No. 41 Engineer's Report— FY 2006-2007 BOUNDARIES OF DISTRICT The boundary of the District is shown on the Assessment Diagram (on file in the office of the City Clerk at the City Hall of Diamond Bar as Exhibit "A -Y). All parcels of real property included within the District are described in detail on maps on file in the Los Angeles County Assessor's office. IMPROVEMENTS The facilities and items of servicing and maintenance included within the District are as follows: Landscaping Servicing means the furnishing of water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements. Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of any improvement, including: 1. Repair, removal or replacement of all or any part of any landscape improvement. 2. Providing for the life, growth, health and beauty of landscaping, including without limitation, cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury. 3. The removal of trimmings, rubbish, debris and other solid waste. The purpose of Assessment District No. 41 is for the maintenance and servicing of mini - parks, slopes and open spaces within the District. Exhibit "B-3," attached hereto, shows the location and extent of the landscaping improvements to be maintained by the proceeds from this assessment district. Assessment District No. 41 3 Engineer's Reoport — FY 2006-2007 FINANCIAL ANALYSIS The estimated funding for maintenance and servicing of landscaping for the update of Assessment District No. 41 for the 2006-07 Fiscal Year is as follows: 2006-07 Revenue; Recommended Budget Appropriation Fund Balance (from FY 2005-06) $ 112,487 Property Tax and Assessments 122,157 Interest Revenue 4,000 TOTAL $ 238,644 Appropriations. Personal Services Salaries $ 19,050 City Paid Benefits 250 Retirement 3,450 Worker's Compensation Expense 600 ShortlLong Term Disability 150 Medicare Expense 300 Cafeteria Benefits 3,000 Operating Expenses Advertising 1,000 Utilities Water 71,750 Edison 2,500 Maintenance -Grounds & Bldg 10,000 Professional Services 4,000 Contract Services Contract Services 46,410 Weed/Pest Abatement 15,000 Capital Outlays Miscellaneous Equipment * 3,500 Reserve for Future Capital Improvements 57,684 TOTAL $ 238,644 Includes replacement of one irrigation controller/cabinet box @ $3,500 each. Assessment District No. 41 4 Engineer's Report — FY 2006-2007 Plans and Specifications Plans and specifications showing the general nature, location and extent of the Proposed improvements are on file in the office of the City Clerk and available for public inspection. Assessment District No. 41 5 Engineer's Report — FY 2006-2007 METHOD OF APPORTIONMENT The net amount to be assessed upon lands within the District in accordance with this report is apportioned by a formula and method which fairly distributes the amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each lot or parcel from the improvements, namely the maintenance and servicing of public landscaping improvements within such District. The maintenance and servicing of public landscaping improvements installed and constructed in public places in the City of Diamond Bar provides a special benefit which is received by each and every lot or parcel within the District, tending to enhance their value. The primary benefits of landscaping are as set forth below: Beautification of the streets which are used by all of the residents in Diamond Bar. 2. Public parks which can be utilized and enjoyed by all residents within the District. 3. A sense of community pride resulting from well-maintained green spaces. 4. The enhancement of the value of property which results from the foregoing benefits. Existing land use information indicates that all of the parcels within the District are residences. Because the special benefits derived apply equally to all residents and parcels, it has been determined that all assessable parcels would receive the same net assessment. ASSESSMENT The amount to be assessed upon the lots and parcels within the District and the amount apportioned to each assessable parcel within the District is shown in the table below. Estimated Assessment Requirements: $122,157 Estimated Number of Parcels: 554 Estimated Assessment Per Parcel: $ 220.50 2005-06 Assessment Per Parcel: $ 220.50 2006-07 Assessment Per Parcel: $ 220.50 Difference: 0.00 Assessment District No. 41 Engineer's Report — FY 2006-2007 ASSESSMENT ROLL The individual 2006-07 assessments, tabulated by Assessor's parcel number, are shown on an Assessment Roll on file in the Office of the City Clerk of the City of Diamond Bar as Exhibit "C" and are made a part of this report by reference. (The Assessment Roll is not included in this report due to its volume.) Dated:�J , 2006 GFB-FRIEDRICH & ASSOC., INC. PROFESS I p^,q w��� P• FR�Fa F .� NO. 027861 J A. FRIEDRIC 1c Exp, 3-31-08 N �s� CIVIL �P � or CALIF EXHIBITS SHEET 10F 1 SHEET EXHIBIT "A-3" ASSESSMENT DIAGRAM ASSESSMENT DISTRICT NO. 41 FISCAL YEAR 2006-07 forthe CITY OF DIAMOND BAR SHEET I OF I SHEET EXHIBIT "B-3" ASSESSMENT DISTRICT N0.41 FISCAL YEAR 2006-07. forthe CITY OF DIAMOND BAR t ►, ,uuraaa 4 ic; x' • LEGEND ASSESSMENT DISTRCT BOUNDARY BRUSH ]m-Kj MWAMRV SLOPES ILM •uEs TURF ".—I. J / O 'NSE Iw aOI.nv c W IM. ,Imran GF$ pRIEDRICH & ASSOC. INC. eoa Agenda #; 6.1 0 Meeting Date: May 2, 2006 CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager TITLE: Resolution No. 2006 -XX, Setting Forth Personnel Rules and Regulations and Resolution 2006 -XX establishing a Compensation Plan and Rescinding Resolution No. 2005-36 and Resolution No. 2006-16 in their entirety. RECOMMENDATION: It is recommended that the City Council adopt the two Personnel Resolutions: 1) Resolution No. 2006 -XX, Setting Forth Personnel Rules and Regulations and 2) Resolution 2006 -XX establishing a Compensation Plan consisting of a salary schedule for all classes of employment and fringe benefits of employment and rescinding 3) Resolution No. 2005-36 and 4) Resolution No. 2006-16 in their entirety. FINANCIAL IMPACT: The proposed rules include an option to allow employees to cash out excess vacation leave hours. It is not anticipated that this benefit will result in additional appropriations due to the limited number of eligible employees and the availability of funds usually occurring due to normal turnover. BACKGROUND: One of the administrative goals of the City is to update the Personnel Section of the Municipal Code as well as the City's Personnel Rules and Regulations to comply with current legal requirements and to meet best business practices. Ordinance No. 3 (2005) was adopted by the City Council on March 1, 2005 to address the Code changes. Comprehensive revisions to the Personnel Rules and Regulations have been thoroughly reviewed by staff, Labor Counsel, and the City Attorney and are now presented to the City Council for consideration and adoption. DISCUSSION: The existing Personnel Rules and Regulations have been in use since January 1990 and few revisions have been made since that time. The revisions which are being recommended clarify descriptive language, clearly set forth current and new practices, logically organize the document, and will bring the City's Personnel System into compliance with current labor laws and will meet best business practices. RESOLUTION NO. 2006 -XX RESOLUTION OF THE CITY OF DIAMOND BAR SETTING FORTH PERSONNEL RULES AND REGULATIONS REGARDING THE PAYMENT OF SALARIES, SICK LEAVE, VACATIONS, LEAVES OF ABSENCES, AND OTHER REGULATIONS EFFECTIVE MAY 2,2006; RESCINDING RESOLUTION NO. 2005-36 IN ITS ENTIRETY. WHEREAS, the purpose of the rules and regulations is to communicate to employees the benefits, policies, and requirements of the job, as well as provide guidance to supervisors in the administration of the personnel system; 2. WHEREAS, the City Council has determined that it is necessary to the efficient operation and management of the City that rules and regulations be maintained prescribing sick leave, vacation, leaves of absences, benefits, and other regulations for the officers and employees of the City; and 3. WHEREAS, as the rules and regulations do not create any contract of employment, express or implied, or any rights in the nature of a contract; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Diamond Bar, California, to administer the Personnel Rules and Regulations as set forth in Exhibit A: The recommended comprehensive Personnel Rules and Regulations Resolution 2006 -XX repeals Resolution 2005-36 and sets forth updated Personnel Rules and Regulations without reference to benefits. Resolution 2006 -XX establishes a Compensation Plan which combines the salary schedule for all classes of employment and the description of employment benefits. Some of the revisions in the Personnel Rules and Regulations may represent material changes to current employees and their employment relationship with the City. Those revisions are described as follows.. Section Page 3 Section 10 Definition of Domestic Partnership Page 7 Section 2 Nepotism Policy Page 11 Section 4 Merit Step Pay Page 11 Section 5 Merit Step Advancement for Part-time employees Page 11 Section 6 Merit Step if Performance Evaluation is not complete Existing Proposed Not Included As required by law, definition identical to California Family Code Section 297 has been added. Policy identified too many positions, was too extensive and restrictive. Employee eligible for merit step increase at 6 months and then again 12 months later. Revised to identify specific offices and positions. Employee eligible for a merit step advancement upon the successful completion of 12 months of employment Intermittent or seasonal Allows intermittent or seasonal part time part time employees employees to be eligible for a step increase on eligible pay increase only second anniversary of hire date or last step after 500 hrs worked increase if he or she has not worked 500 hours since hire date or last step increase. Merit step increases given "automatically" upon the completion of 6 months or 12 months of employment and not dependent upon the completion of a performance evaluation. If the employee is eligible for a step increase and an evaluation has not been completed, when the evaluation is completed, if it is satisfactory or above, the employee will receive the increase retroactively. Page 12 Step increases given in The option of an employee being given Section 7 one step increments. multiple step increases, not to exceed two at Amount of Merit any one time at the recommendation of the Step Increases Department Director or Division Manager and at the discretion of the City Manager. Page 13 Section 15 (b) Description of overtime in a work week Page 13 Section 15 (d) Compensation Time in lieu of overtime pay Page 14 Section 18 COLA determination described Page 22 Section 1 Probationary period for promotional appointments The provision of hours Overtime for non-exempt employees is defined actually worked was not as hours assigned to be worked and actually addressed. worked in excess of forty (40) hours actually worked in the designated work week. Under the Fair Labor Standards Act (FLSA), paid time does not equal working time. Thus, merely because an employee is in a paid status does not mean that the paid status time must be counted toward hours worked. The FLSA only requires payment based on hours actually worked by employees. For example, if an employee is scheduled to work 5 days in a work week, and works the first 4 days but takes vacation leave on the 5th day, the employee will have only worked 32 hours under the FLSA. That employee would still need to work 8 additional hours in the work week before overtime could be earned. Compensation time is not Compensation time off (CTO) permitted. addressed. Under the FLSA an employee and an employer may agree to CTO and the accumulation of CTO must be credited at time and one half. That is, for every hour of FLSA overtime the employee must have his or her "CTO bank" credited with one and a half hours. Employers may "cap" the accumulation of CTO and in this case the maximum accumulation is forty (40) hours at any one time. Procedurally, the payroll function of the Finance Department will track and monitor all CTO banks. The COLA determination The addition of the description of how the is not addressed annual Cost of Living Allowance (COLA) is determined. Probationary period for a Probationary period for a promotional promotional appointment appointment reduced to 6 months. is 12 months. Page 22 The probationary Vacation leave, administrative leave, and Section 7 employee is able to use floating holiday is accrued but use is restricted Use of Leave leave as it is accrued. during the first 6 months of the probationary During Probation period. Page 25 Section 2 (d) Vacation leave Cash out option Page 53 Section 4 Policy and Procedure Review Pages 58- 82 Vacation Leave cash out Vacation leave cash out option to provide the option is not addressed cash out option to employees and at the same time encourage use of vacation leave. Review is not addressed The addition of a policy and procedure review at the time of the employee's annual performance evaluation and annual work plan. This provision will provide the supervisor and the employee an additional opportunity on an annual basis to review the City's Harassment Policy and reporting procedures as well as the City's anti -retaliation policy. Policies not included The inclusion of the Harassment Policy, Information Systems Usage Policy, and Workplace Substance Abuse Policy. The proposed changes make it necessary to adopt Resolution No. 2006 -XX, Setting Forth Personnel Rules and Regulations and Resolution 2006 -XX establishing a Compensation Plan consisting of a salary schedule for all classes of employment and fringe benefits of employment and rescinding Resolution No. 2005-36 and Resolution No. 2006-16 in their entirety. PREPARED BY: � ;7 Tum 'Crew an Resources Manager REVIEWED BY: David Doyle Assistant City Manager Attachments: 1. Resolution No. 2006-xx establishing Personnel Rules and Regulations 2. Personnel Rules and Regulations with additions in bold text and deletions in strikethrough text 3. Resolution No. 2006-xx establishing a Compensation Plan Resolution No. 2005-36 in its entirety is repealed. PASSED, ADOPTED AND APPROVED THIS second day of May 2006. Carol Herrera, Mayor I, Tommye A. Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a meeting of the City Council of the City of Diamond Bar held on the second day of May 2006, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ATTEST: Tommye A. Cribbins, City Clerk City of Diamond Bar CITY OF DIAMOND BAR PERSONNEL RULES AND REGULATIONS Table of Contents Rule i Purpose and Application Exhibit A Page Purpose................................................................................. 1 Application............................................................................. 1 NoContract Created................................................................. 1 Rule II Definition of Terms Definitions of Terms..................................................................2 Rule III General Provisions Discrimination Prohibited.......................................................... 7 Nepotism Prohibited............................................................. 7 Political Activity Prohibited......................................................... 8 Outside Employment................................................................ 8 Multiple Positions Held...........................................................8 EmployeeDuties ................................................................ 8 Violation of Rules..................................................................... 8 Amendment and Revision of Rules ............................................. 8 Rule IV Classification Classification Plan................................................................ 9 Adoption, Amendment, and Revision of Plan.................................9 New Positions......................................................................... 9 Classification Studies................................................................ 9 Qualifying Examination............................................................. 9 Y-Rate..................................................................................1 Q Rule V Compensation Compensation Plan................................................................. 11 Amendment of Plan ........................................ Salary Upon Initial Hire............................................................ 11 Merit Step Advancement........................................................ 11 Merit Step Advancement for Intermittent and Seasonal Part-time Employees............................................................................ 11 Merit Step Increase if Evaluation is Untimely..............................11 Amount of Merit Step Adjustments ............................................. 12 Merit Step for Employees on Leave..........................................12 Effective Date of Increase........................................................ 12 Salary on Promotion................................................................12 Salary on Demotion...............................................................12 Salary on Reclassification................................................I....... 12 PayPeriods...........................................................................12 BilingualPay........................................................................13 Overtime ........................... .............. Call Out Pay ................ ..... ............ ........ ................................. 14 ActingPay...........................................................................14 Cost of Living Adjustment (COLA).............................................14 Rule VI Hours of Work The 9/80 Plan ........ ............................................................. 15 FiveDay Work Week............................................................ 15 Alternate Work Schedule....................................................... 15 Work Week Defined.............................................................. 15 Work Week Schedule Change.................................................15 Request to Change Schedule ................................................. 15 MealPeriod........................................................................ 15 Rule VII Applications and Applicants Announcement.................................................................... 16 Application......................................................................... 16 Disqualification................................................................... 16 Rule VIII Examinations Types of Examinations......................................................... 17 Promotional Examinations..................................................... 17 Continuous Examinations...................................................... 17 Conduct of Examinations...................................................... 17 Reasonable Accommodation in Testing .................................... 17 Post Offer Physical Examinations and Background Investigations..................................................................... 17 Immigration Reform and Control Act of 1986 .............................. 17 Notification of Selection Process Results .................................. 18 Rule IX Employment Eligibility Lists Employment Eligibility Lists ................................................... 19 Durationof Lists.................................................................. 19 Removal of Applicants from Lists ............................................ 19 Use of Employment Eligibility Lists .......................................... 19 Rule X Method of Filling Vacancies Types of Appointment.......................................................... 20 Notice to Human Resources ................................................. 20 Appointment...................................................................... 20 Veterans Preference............................................................ 20 Temporary Assignments...................................................... 20 Extended Assignment to Vacate Higher Position ....................... 20 Vacancies Outside the Competitive Service ............................. 21 Rule XI Probationary Period Probationary Period............................................................ 22 Purpose of Probationary Period ............................................. 22 Extension of Probationary Period ........................................... 22 Reduction of Probationary Period ........................................... 22 Rejection During Probation ................................................... 22 Rejection During Probation From a Promotional Appointment ...... 22 Use of Leave During Probation................................................22 Rule XII Attendance and Leaves Attendance.......................................................................... 24 VacationLeave.................................................................... 24 Sick Leave.......................................................................... 28 Occupational Injury or Illness Leave ......................................... 28 Bereavement Leave.............................................................. 28 Jury Duty and Witness Leave .................................................. 28 Administrative Leave............................................................. 29 Family and Medical Leave......................................................29 California Paid Family Leave .................................................. 33 Pregnancy Disability Leave ................................................... 33 Election Leave.................................................................... 34 SchoolVisit Leave................................................................ 34 Leave of Absence without Pay ................................................ 34 MilitaryLeave...................................................................... 35 PoliticalLeave..................................................................... 35 Rule XIII Holidays Holidays Observed............................................................... 36 FloatingHolidays................................................................. 36 Eligibility for Holidays............................................................ 37 Prorated Holiday Pay............................................................ 37 Rule XIV Changes in Employment Status Transfer........................................................................... 38 Promotion.......................................................................... 38 Demotion........................................................................... 38 Suspension......................................................................... 38 Reclassification.................................................................... 38 Rule XV Separation from Employment Job Abandonment................................................................ 39 Discharge........................................................................... 39 Layoff................................................................................ 39 Resignation........................................................................ 40 Reinstatement.................................................................... 40 Rule XVI Reports and Records General.............................................................................. 41 Notifying City of Changes in Personal Information ....................... 41 Location of Personnel Files.....................................................41 Medical Information...............................................................41 References and Release of Information in Personnel Files ............42 Employee Access to Personnel File .......................................... 42 Destruction of Records.......................................................... 42 Rule XVII Grievance and Procedures Grievance...........................................................................43 Procedure...........................................................................44 First Level of Review............................................................. 44 Department Director or Division Manager Review (Second Level) ...44 City Manager Review (Final Level)...........................................44 Right of Grievant to Representation ......................................... 45 Reprisals............................................................................ 45 Rule XVIII Discipline Types of Disciplinary Action .................................................... 46 Grounds for Disciplinary Action Involving Regular Employees ........ 46 Procedures for Taking Disciplinary Action .................................. 48 AppealRights...................................................................... 50 Methodof Appeal................................................................. 50 Notice................................................................................ 50 Subpoenas................................................................ Subpoenas — Issuance.......................................................... 51 Hearings............................................................................ 51 Findings and Recommendations ............................................. 52 Rule XIX Performance Evaluations and Annual Work Plans General .................... Responsibility for Evaluation .................................................. 53 Discussion with Employee......................................................53 Policy and Procedure Review..................................................53 Schedule............................................................................ 54 AppealProcedure................................................................ 54 Rule XX Vehicle Use Use of Private Vehicles......................................................... 55 AutoAllowance.................................................................... 55 Rule XXI Professional Development Training..............................................................................56 Tuition Reimbursement..........................................................56 Rule XXII Employee Standards of Conduct Codeof Ethics..................................................................... 57 HarassmentPolicy............................................................... 58 Prohibited Conduct............................................................... 59 Harassment.........................................................................59 Sexual Harassment.............................................................. 60 Provisions...........................................................................61 Prohibited Supervisory or Managerial Behavior ...........................61 Behavior Prohibited by all Persons ........................................... 62 Obligations of Supervisors/Managers........................................62 Obligations of All Employees .................................................. 63 Investigative Action.............................................................. 63 ComplaintForm................................................................... 64 City of Diamond Bar Harassment Complaint Form ...................... 66 Information Systems Usage Purpose.................................................................... Provisions.......................................................................... 68 InternetUse........................................................................ 70 E-mail Use......................................................................... 72 E-mail Etiquette.................................................................. 73 Telephone and Voicemail Use ................................................ 74 Prohibited Use of Voicemail.................................................... 75 Workplace Substance Abuse Prevention Policy .......................... 76 Policy Against Retaliation....................................................... 81 RULE I PURPOSE AND APPLICATION Section 1. Pur ose: The purpose of these rules is to facilitate efficient and economical services to the public and to establish lawful procedures for dealing with personnel matters. Unless amended by a subsequent Resolution of the City Council the Rules and Regulations set forth herein and the Personnel Ordinance shall govern the Personnel System for the City of Diamond Bar. Section 2. A lication: These rules apply to all employees of the City of Diamond Bar unless a specific rule or procedure indicates otherwise. Section 3, No Contract Created: These rules do not create any contract of employment, express or implied, or any right in the nature for a contract. ME RULE II DEFINITION OF TERMS DEFINITION OF TERMS Unless the context indicates otherwise the following terms, whenever used in these rules, shall be defined as follows: Section 1. Advanc ment: A salary increase within the limits of the pay range established for the class. Section 2. Allocation: The assignment of a single position to its proper class in accordance with the duties performed, and the authority and responsibilities exercised. Section 3. Appointing Authority: The person having the authority to appoint or remove a person from City employment. This is the City Manager unless delegated to another employee or officer. Section 4. At -Will: All positions outside of the competitive service. Employees in at -will positions may be terminated at any time at the will of the City or the employee, without cause, and without the right of appeal. At -will positions are set forth in Personnel Ordinance 03 (2005) and include. City Manager, Assistant City Manager, Community Development Director, Community Services Director, City Engineer/ Public Works Director, Finance Director, Information Systems Director, department heads, Council appointed officers, seasonal part time employees, intermittent part time employees, emergency employees and any employee scheduled to work less than 1,040 hours per year. Section 5. Bilingual Premium Pay Differential: A percentage of pay which will compensate the qualified employee for providing non-English language services as an essential part of his or her job. Section 6. City Manager's designee: The person assigned to the Human Resources function (Human Resources Manager or Assistant City Manager). Section 7. Class: Ail positions sufficiently similar in duties, authority, responsibility, and working conditions to permit grouping under a common title and the application with equity of common standards of selection, transfer, promotion, and salary. -2- Section 8. Competitive Service: All positions of employment in the service of the City except those excluded by Personnel Ordinance 03 (2005): City Manager, Assistant City Manager, Community Development Director, Community Services Director, City Engineer/ Public Works Director, Finance Director, Information Systems Director, department heads, Council appointed officers, seasonal part time employees, intermittent part time employees, emergency employees and any employee scheduled to work less than 1,040 hours per year. Section 9. Demotion: The movement of an employee from one class to another class having a lower maximum rate of pay. A demotion may be voluntary or involuntary. Section 10. Domestic Partner: A domestic partnership is legally established in California when all of the following requirements are met: both persons file a Declaration of Domestic Partnership with the Secretary of State; both persons have a common residence; neither person is married to someone else or is a member of another domestic partnership with someone else that has not been terminated, dissolved, or adjudged a nullity; two persons are not related by blood in a way that would prevent them from being married to each other in another state; both persons are at least 18 years of age; either of the following: (a) both persons are members of the same sex; or (b) one or both of the persons are over the age of 62, and meet certain eligibility criteria pursuant to the Social Security Act; and both persons are capable of consenting to the domestic partnership. Section 11. Eligible: When used as a noun, means a person whose name is on an employment list. Section 12. Em to meat Eli ibilit List: A list of names of persons who have taken an open -competitive examination for a class in the competitive service and have qualified. Section 13. Examinations: (a) O en -competitive examination: An examination for a Particular class which is open to all persons meeting the qualifications for the class. (b) Promotional examination: An examination for a particular class, admission to the examination being -3- limited to employees identified by the appointing authority. (c) Continuous examination: An open competitive examination which is administered periodically and as a result of which names are placed on an employment list, in order of final scores, for a period of not more than one (1) year. Section 14. Exempt: An employee not entitled to overtime compensation under the Fair Labor Standards Act. Section 15. Job Classifications: For the purposes of the City's Personnel System, each position title shall correspond to a job classification number as reflected in the job classification and salary resolution. (a) Executive Management: Executive Management positions are classified as exempt and at -will. Executive Management positions are in Job Classification Range 2900-3900. (b) Full-time Exem t Mana ement: Various professional management positions exempt from over time requirements. These positions are also known as Division Managers and are in Job Classification Range 2000-2899. (c) Full-time Exempt: Various executive, administrative, and professional positions exempt from overtime requirements. Full-time exempt positions are in Job Classification Range 1600-1999. (d) Full-time Non -Exempt: Positions in Job Classification Range 1000-1599 subject to overtime requirements and working 40 hours per week. (e) Hourly Benefited: Positions in Job Classification Range 900-999 also known as regular part-time or part time working twelve (12) months per year and an average of twenty (20) or more hours per week on a year-round basis. Benefits are provided to regular part time employees on a pro -rated basis. {f) Hourly Non -benefited: At -will positions in Job Classification Range 500-899 also known as either seasonal or intermittent part-time. These employees are sometimes referred to as temporary. -4- a. Seasonal Part-time: A position utilized up to 40 hours per week on a seasonal or partial year basis, but not more than 1000 hours per fiscal year. If an employee identified as seasonal part time works more than 1,000 hours in a fiscal year he or she does not acquire regular employee status. b, Intermittent Part-time: An intermittent position is utilized an average of 19.5 hours or less per week and no more than 1000 hours per fiscal year. If an employee identified as intermittent part-time works more than 1,000 hours in a fiscal year he or she does not acquire regular employee status. Section 16. Layoff: The involuntary separation of a regular status employee or reduction to a position in a lower classification because the position is no longer needed. Section 17. Personnel Ordinance: Ordinance Number 03 (2005) of the City of Diamond Bar, or as amended from time to time thereafter. Section 18. Probationa Period: A working test period during which an employee is required to demonstrate his or her fitness for the duties to which he or she is appointed by actual performance of the duties of the position. The probationary period, or initial period of employment is considered a part of the examination process and shall be utilized for closely observing the employee's work to determine the employee's fitness for the position. Section 19. Promotion: The movement of an employee from one class to another class having a higher maximum rate of pay and different job duties from the previous class. Section 20. Provisional A ointment: A temporary appointment of a person who possesses the minimum qualifications established for a particular class, and who has been appointed to a position in that class in the absence of available eligibles. This is sometimes referred to as an interim appointment. Section 21. Reclassification: The change of a position from one class to another as a result of the gradual accretion or reduction of duties and/or responsibilities over time. -5- Section 22. Regular Employe: An employee in the competitive service who has successfully completed his or her probationary period and has been retained as an employee. Section 23. Regular Part-time Employee- An employee in the competitive service who has successfully completed his or her probationary period and is eligible for pro -rated benefits. Sometimes referred to hourly benefited. Section 24. Re'ection: The separation of an employee from employment during the probationary period or examination process. Section 25. Reinsta gment: The re-employment, without examination, of a former regular employee. Section 26. Temporary Employee: An at -will employee who has been appointed to a full-time or part-time position of limited duration. Section 27. Transfer. A change of an employee from one position to another position in the same class or another class having the same maximum salary limits, involving the performance of similar duties and responsibilities and requiring the same qualifications. Section 28. Y Rate: When an employee is moved to a different class with a lower salary range, the employee will retain his or her current salary until the salary of the new class has a maximum salary rate which is equal to or higher than the current salary. M RULE III GENERAL PROVISIONS Section 1. Discrimination Prohibited: 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, taking of Family Medical Leave Act (FMLA) or pregnancy disability leave, religious creed, medical condition, or any other characteristic protected by law. Section 2. Nepotism Prohibited: (a) Relatives of those listed below may not be employed anywhere in the City organization: 1. City Council members; 2. Standing Board and Commission members; 3. Management Team Members of the City; 4. Department Directors 5. Division Managers (b) The employment of a relative within a department is prohibited when they: 1. Perform joint duties; 2. Share responsibility or authority; 3. Function in the same chain of command; and 4. Work on the same shift at the same work site. (c) For business reasons of supervision, safety, security or morale, the City may refuse to place one spouse or domestic partner under the direct supervision of the other spouse or domestic partner. (d) For business reasons of supervision, safety, security or morale, the City may refuse to place both spouses or domestic partners in the same department, division, or facility if the work involves potential conflicts of interest or other hazards greater for married couples than other persons. (e) "Relative" means child, stepchild, parent, grandparent, grandchild, brother, sister, half-brother, half-sister, aunt, uncle, niece, nephew, parent -in-law, brother-in-law, sister- -7- in-law, domestic partner, or other individual related by blood or marriage. (f) "Employee" means any person who receives a City paycheck for services rendered to the City. (g) For business reasons, these sections shall be enforced to address the marriage or domestic partnership of employees in the City's employment, within six (6) months of said marriage or the establishment of the domestic partnership. (h) Exceptions to this section may be made by the City Manager. Any appeal of the enforcement of this section shall be to the City Manager. Section 3. Political Activity Prohibited: City employees shall not engage in political activities in violation of Government Code section 3201 et seq. No one employed by the City may engage in political activities on City premises, while engaged in official duties, using City equipment, or wearing an official City uniform. Section 4. Outside Employment: No employee may hold outside employment that is incompatible with his or her City employment; including positions which constitute contracted services to the City. Each regular employee who holds any other position in addition to City employment shall complete a Request for Approval of Additional Employment form and return it to the Department Director or Division Manager for signature and then to the City Manager for approval. The approval of outside employment must be renewed each January. Employees who accept new outside employment will be expected to submit the form at the time of employment. Section 5. Multiple Positions Held: Employees who hold more than one position with the City must complete a Request for Approval of Additional Employment form. Section 6. Employee Duties: Employees are required to carry out the primary duties and responsibilities of their employment. Section 7. Violation of Rules: Violation of the provisions of these rules shall be grounds for disciplinary action. Section 8. Amendment gnd Revision of Rules: Amendments and revisions to these rules must be recommended by the City Manager and approved by the City Council. -8- RULE IV CLASSIFICATION Section 1. Classification Plan: The City of Diamond Bar has established a classification plan. The plan consists of classes of positions in the City service defined by class specifications, including title, definition of the position, supervision received and exercised, a description of the duties and responsibilities of positions in each class, and the training, experience, and other qualifications to be required of applicants for positions in each class. The classification plan is maintained so that all positions substantially similar with respect to duties, responsibilities, authority, and character of work are included within the same class and allocated to the same schedules of compensation. Section 2. Ado tion Amendment and Revision of Plan: The classification plan may be amended from time to time by resolution of the City Council. Amendments and revisions of the plan shall be approved by the City Council. Section 3. New Positions: When a new position is created and the position is to be filled the classification plan must be amended and an employment eligibility list established, before an appointment is made, unless the position is filled by a promotional appointment. Section 4. Classification Studies: Classification studies shall be conducted as recommended by the Department Director and approved by the City Manager in order to determine if the duties and responsibilities of the position have changed materially, have become inequitably aligned in relation to other positions within the City service, or are otherwise incorrectly designated. Upon receiving approval from the City Manager, a classification study shall be conducted and the position may be reclassified to a more appropriate class, whether new or already created, at a higher or lower maximum salary level. After conducting a classification analysis of the position(s) authorized for study, the City Manager will recommend classification changes, if any, to the City Council for approval. Section 5. QualifYing Examination: A reclassification with a title change that results in a salary increase above the old classification may require of the incumbent a qualifying examination to -9- determine whether or not the incumbent possesses the minimum qualifications for the new class. The method for the qualifying examination shall be determined by the appointing authority. An incumbent proposed for a reclassification who does not pass the qualifying examination shall retain his or her original title and class until such time as he/she does pass the qualifying examination. An employee whose position is being reclassified upward and who has previously passed the examination for the position within the last two years and whose name appears on an employment eligibility list for such a position need not take a qualifying examination. Section 6. Y -Rate: When a reclassification results in a lower maximum rate of pay for the incumbent, the incumbent shall be "Y - Rated" at the salary level he/she has earned up to that time. - IO- RULE V COMPENSATION Section 1. Compensation Plan: The City has established a pay plan covering all classes of positions in the City service, showing the minimum and maximum rates of pay. Section 2. Amendment of Plan: The compensation plan may be amended from time to time by action of the City Council. Section 3. Salary upon Initial Hire: Department Directors or Division Managers shall have the discretion to place the employee at the A, B, or, C step of the salary range of the classification into which the employee is hired. All employees placed at any step beyond the C step of the salary range of the classification into which the employee is hired will be at the discretion of the City Manager. Section 4. Merit Step Advancement: After twelve months employment as a probationer and each year thereafter, an employee is eligible to advance to the next salary step if his or her performance evaluation shows performance of satisfactory or above and advancement is approved by the Department Director or Division Manager. A step increase may be given before the successful completion of the probationary period at the City Manager's discretion. Section 5. Merit Step Advancement for Intermittent and Seasonal Part- time Employees: After one year of employment consisting of a minimum of five hundred (500) hours an employee is eligible to advance to the next step if his or her performance evaluation shows performance of satisfactory or above and advancement is approved by the Department Director or Division Manager. An employee is eligible for a step increase on his or her second anniversary of his or her hire date or last step increase if he or she has not worked 500 hours since his or her hire date or the date of his or her last step increase. Section 6. Merit Step increase if Evaluation is Untimely: If the employee is eligible for a step increase and an evaluation has not been completed, when the evaluation is completed, if it is satisfactory or above, the employee will receive the increase retroactively. Performance evaluations and Annual Work Plans will be tracked by the Human Resources Division. A step increase pending a performance evaluation may be given at the discretion of the City Manager. - 11 - Section 7. Amount of Merit Step Ad'ustments: Merit step adjustments are in approximately five percent (5%) increments to the maximum of the salary range. An employee may be given multiple step increases, not to exceed two at any one time at the recommendation of the Department Director or Division Manager and at the discretion of the City Manager. Section 8. Merit Step for Employees on Leave: Eligibility for the merit step advancement may be extended for an employee on an approved leave of absence until the employee has completed the appropriate length of service. Section 9. Effective Date of Increase: Merit increases shall be effective the first day of the pay period following the approved effective date. Section 10. Salary on Promotion: An employee promoted to a classification having a greater maximum salary will be placed on the lowest step of the new range that results in not less than a five percent (5%) increase above the employee's current regular salary. Upon recommendation of the Department Director and approval of the City Manager, the employee may be placed at a higher step. Section 11. Salary on Demotion: An employee who is demoted will be placed within the salary range for the class into which demoted. The salary will be set at the step which is lower and closest to the salary the employee was receiving before the demotion. Section 12. Sala v on Reclassification: An employee who is reclassified will receive the salary set forth below. (a) If reclassified to a classification with the same salary range, the salary will not change. (b) If reclassified to a classification with a higher salary range, the salary will be determined in the same manner as a promotion. (c) If reclassified to a classification with a lower salary range, the employee will be Y -rated. Section 13. Pay Periods: The compensation to all officers and employees of the City shall be paid biweekly. Checks or electronic transfers in payment for compensation will be made available by the City to employees and officers of the City on the Friday succeeding the close of the pay period. In the event that pay day falls on a holiday payment will be made on the last work day preceding the holiday. -12- Section 14. Bilingual Pav: Employees who are requested by the City to use bilingual skills during their scheduled work hours on a recurring basis to further the business interests of the City shall receive a bilingual premium pay differential in addition to their regular pay. (Reference: Administrative Policy P-7; Bilingual Pay Policy.) Section 15. Overtime: (a) As a matter of general policy, the City does not permit employees to work overtime and will provide adequate staff to handle normal operations. However, non-exempt employees may be required to work overtime at the discretion of the Department Director or Division Manager. (b) Overtime for non-exempt employees is defined as hours assigned to be worked and actually worked in excess of forty (40) hours actually worked in the designated work week. (c) Non-exempt employees working overtime when not expressly authorized to do so, shall, to the extent authorized by law, not be compensated therefore and shall be subject to discipline. (d) Overtime assigned and worked by non-exempt employees shall be compensated at time and one half their regular rate of pay. The employee may request, and the Department Director or Division Manager shall have the unrestricted discretion to approve or not approve, compensation in the form of accrued compensatory time at time and one-half pay, except an employee may not accrue more than forty (40) hours compensatory time at any time. (e) If a non-exempt employee is required to work on an observed holiday beyond the regular forty (40) hour work week, he or she shall be entitled to pay at the rate of two (2) times the regular rate of pay. (f) Employees who are exempt from the Fair Labor Standards Act (FLSA) are compensated on a salary basis and are not eligible for overtime. (Reference: Administrative Policy P-2; Overtime Policies and Procedures) -13- Section 16. Call Out Pay: Non-exempt full-time and part-time employees will be paid a minimum of two (2) hours pay if called out to respond to a City emergency. Call out occurs when an employee is ordered to return to duty on a non -regularly scheduled work shift. Call out does not occur when an employee is held over from his or her prior shift or is working prior to his or her regularly scheduled shift. Section 17. Acting Pay: An employee who is provisionally appointed to an acting or interim position that is in a higher salary range than that of the class in which the employee is normally assigned shall receive acting compensation. (a) Acting pay shall be provided only for appointments with duration greater than twenty-one (21) consecutive calendar days and shall be retroactive to the effective date of the acting appointment and continue until completion of appointment. (b) Such acting appointments shall be made in writing by the City Manager with a copy to the Human Resources Division. (c) Compensation shall be at the entrance salary step of the higher range or the step within the higher salary range, which would provide a minimum of five percent (5%) higher than the employee receives, whichever is greater. Section 18. Cost of Livin Ad'ustment COLA : At the adoption of the City's annual budget, a request by the City Manager may be made to the City Council to provide a cost of living adjustment to the City's employees' compensation. The COLA is the annual Consumer Price Index (CPI) percentage as issued by the Department of Labor, Bureau of Labor Consumer Price Index for Urban Wage Earners and Clerical Workers Los Angeles -Riverside -Orange Counties, California for year ending in March of the current year. The City Council has the sole discretion to adopt or modify the request at any time. -14- RULE A HOURS OF WORK City employees may be assigned to work eight (8) hours a day five (5) days a week or assigned to the 9180 flex plan under which they will work eighty (80) hours in a nine (9) day period. Section 1. The 9180 Plan: Generally employees work nine (9) hours Monday through Thursday and eight (8) hours every other Friday, exclusive of meal period or nine (9) hours Tuesday through Friday and eight (8) hours every other Monday. Section 2. Five DaWork Week: Generally employees work eight (8) hours per day Monday through Friday, exclusive of meal period. Section 3. Alternate Work Schedule: Employees may be assigned to work days or hours other than those set forth in Section 1 or Section 2. Section 4. Work Week Defined: The work period or work week will begin at 12:01 p.m. on Friday and end the following Friday at 12:00 noon for all full time employees working under the 9180 work schedule if the employee is scheduled to be off every other Friday. If the employee is scheduled to be off every other Monday, the work period will begin at 12:01 p.m. on Monday and end the following Monday at 12:00 noon. For employees working five (5) days a week, the work week or work period means, a consecutive, seven (7) day period that begins at 12:01 a.m. on Sunday and ends at 12:00 p.m. on Saturday. Section 5. Work Week Schedule Change: The City may change the work week when public necessity or convenience so requires. Section 6. Request to Change Schedule: Employees, for whom personal necessity requires a different schedule than above, may make a request for the alternate schedule to the Department Director or Division Manager. If the Department Director or Division Manager agrees with the request, the request will be submitted to the City Manager for final approval. Alternate schedules must begin no earlier than 7:00 a.m, and end no later than 6:00 p.m. and will not include a shorter meal period than below. Section 7. Meal Period: Meal periods are non -paid and nonworking time and shall be one hour for all full time employees. Every effort will be made to schedule such meal period during the middle of the shift. -15- RULE VII APPLICATIONS AND APPLICANTS Section 1. Announcement: All examinations for classes in the competitive service shall be publicized by posting announcements in City Hall, on official bulletin boards, or by such other means as the City deems advisable. The announcements shall specify the title and pay of the class for which the examination is announced, duties and responsibilities of the work to be performed, minimum requirements established, the manner of making application, and other pertinent information. Section 2. Application: Applications shall be made as prescribed on the examination announcement. Application forms shall require information covering training, experience, and other pertinent information. All applications must be signed by the person applying. Section I Disqualification: The City Manager's designee may reject any application which indicates on its face that the applicant does not possess the minimum qualifications required for the position or for any material cause which, in the judgment of the City Manager's designee would render the applicant unsuitable for the position. Falsification of any information presented on the employment application shall be grounds for rejection/disqualification from the recruitment and/or termination from employment, if applicant is appointed to the position. -16- RULE VIII EXAMINATIONS Section 1. Types of Examinations: The selection techniques used in the examination process shall measure the knowledge and abilities of the applicants to execute the duties and responsibilities of the class to which they seek to be appointed. Examinations shall consist of selection techniques which will test fairly the qualifications of candidates. The City Manager, or designee may select the appropriate examination(s) to be utilized in the selection process. Section 2. Promotional Examinations: All candidates for promotion must meet the minimum qualifications identified by the appointing authority. The appointing authority will determine whether the examination is open competitive or a promotional appointment. Section 3. Continuous Examinations: Open -competitive examinations may be administered periodically for a single class as the needs of the service require. Names shall be placed on employment lists, in order of final scores, for a period of not more than one (1) year, unless extended by the City Manager's designee. Section 4. Conduct of Examinations: The City Manager's designee will determine the manner and methods and by whom examinations shall be prepared and administered. Section 5. Reasonable Accommodation in Testing: Should an otherwise qualified applicant who is disabled request a reasonable accommodation for any part of the testing process the City may modify the process to reduce or eliminate the testing barrier. Section 6. Post Offer Physical Examinations and Background Investigations: As a condition of an offer of City employment all candidates must successfully pass a post -offer physical and substance abuse examination and are subject to fingerprinting and a background investigation. Candidates being considered for employment will be sent to a City authorized physician at the City's expense. Section 7. Immi ration Reform and Control Act of 1986: In compliance with the Immigration Reform and Control Act of 1986, all new employees must verify identity and entitlement to work in the United States by providing required documentation. -17- Section 8. Notification of Selection Process Results: Each person competing in an employment selection process shall be given notice of placement or non -placement on the employment eligibility list. RULE IX EMPLOYMENT ELIGIBILITY LISTS Section 1. Employment Eli ibilit Lists: As soon as possible after the completion of an examination, the City Manager's designee will prepare and keep available, an employment eligibility list consisting of the names of applicants who qualified in the examination, arranged alphabetically. Section 2. Duration of Lists: Employment eligibility lists, other than those from a continuous examination, shall remain in effect for one (1) year, unless exhausted sooner, and may be extended or abolished, prior to their expiration dates, by action of the City Manager's designee, but in no event shall an employment eligibility list remain in effect for more than two (2) years. Section 3. Removal of Applicants from Lists: The name of any person appearing on an employment eligibility list shall be removed by the City Manager's designee if the person eligible requests in writing that his or her name be removed, fails to respond to a notice mailed to his or her last known address, or has been certified for appointment and has not been appointed. Section 4. Use of Em to meat Eli ibilit Lists: A vacant position may be filled by the appointment of a person whose name is on an employment eligibility list for the same position or a position in the same classification. -19- RULE X METHOD OF FILLING VACANCIES Section 1. Types of A ointment: Except as otherwise provided herein, all vacancies in the competitive service shall be filled by reemployment, transfer, voluntary demotion, promotion, or from eligibles certified by the City Manager's designee from an appropriate employment eligibility list. Section 2. Notice to Human Resources: Whenever a vacancy occurs, the Department Director or Division Manager shall submit a request to the City Manager's designee for authorization to fill the position. The City Manager's designee shall advise the Department Director or Division Manager as to the availability of candidates from re-employment lists, requests for transfer, or eligible candidates on an employment eligibility list. The City Manager's designee may hold a new examination and establish a new employment eligibility list, if requested. Section 3. Appointment: After interview, the Department Director or Division Manager shall recommend an employment offer to be made by the City Manager's designee. The City Manager's designee shall thereupon notify the person of the conditional offer of appointment, subject to passing a required medical examination and all background investigations. Section 4. Veterans Preference: If candidates are identically qualified for appointment, the appointment will be offered to the candidate who is a veteran. Section 5. Temporary Ass' nments: Employees may be temporarily assigned higher or lower duties without a change in pay. Such action shall not be deemed as a transfer, demotion, promotion, or reclassification. In all cases where periodic or regular variations in assignments occur because of seasonal needs, the temporary change of duties or a change of the work schedule shall be considered as incidental to the position. Section 6. Extended Assi nment to Vacant Higher Position: Employees assigned to perform duties in a vacant higher level regular position in excess of twenty-one (21) consecutive calendar days as authorized by the City Manager shall be entitled to a salary rate increase to the higher level for the time actually worked in the assignment. (See Rule V, Section 17, Acting Pay.) The duration of such assignment to a vacant higher position shall not exceed one (1) year. It is the responsibility of the Department -20- Director or Division Manager to request such salary rate increase to the City Manager's designee for approval. Section 7. Vacancies Outside the ComRetitive Service: Vacancies outside the competitive service (e.g., executive positions, seasonal part time, intermittent part time) will be filled by a process deemed appropriate by the City Manager's designee. -21- RULE XI PROBATIONARY PERIOD Section 1. Probation a Period: Upon the initial appointment to a position in the competitive service an employee must serve a probationary period of one year of actual and continuous service. Upon a promotional appointment to a position in the competitive service an employee must serve a probationary period of six months of actual and continuous service. Periods of time on paid or unpaid leave excluding five (5) days (consecutive or not) automatically extends the probationary period by the number of days the employee is on leave. The City Council may, by resolution, establish a longer probation period for a specified class prior to the time of appointment. Section 2. Pur ose of Probationary Period: During the probationary Period, the supervisor shall review, examine, and monitor the conduct, capacity, efficiency, skill, responsibility, integrity, and effectiveness of an employee to determine whether the employee is fully qualified for employment in the classification and position to which the employee has been appointed. Section 3. Extension of Probationa Period: The probationary period may be extended by the Department Director or Division Manager for a period up to six (6) months by written notice to the employee prior to the expiration of the original probationary period. Section 4. Reduction of Probationa Period: The probationary period may be shortened by the authority of the City Manager. Section 5. Rejection D urin Probation: At any time during the probationary period an employee may be rejected from employment without cause and without right of appeal. Section 6. Reiection Durinni Probation From a Promotional A ointment: A Promoted employee who has attained regular status in another classification of City employment who does not successfully complete the probationary period in the promoted class shall be returned to the former classification or a comparable classification without right to review or appeal unless terminated for cause. Section 7. Use of Leave Durina Probation: Authorized use of accrued sick leave may be used any time by the probationary employee during the probationary period. Vacation leave, Administrative Leave, and Floating Holiday hours are accrued during the probationary period, but shall be available for use upon the -22- completion of six months of service unless otherwise approved by the City Manager. -23- RULE Xll ATTENDANCE AND LEAVES Section 1. Attendance: Full time employees shall be in attendance at their work in accordance with the rules regarding hours of work, holidays, and leave. Absence of any employee without leave may result in disciplinary action, including discharge. Section 2. Vacation Leave: Vacation is a right, earned as a condition of employment, to a leave of absence with pay for the recreation and well being of the employee. If an employee has exhausted sick leave, vacation may be used for sick leave upon request of the employee and with approval of the Department Director or Division Manager. (a) Employees shall accrue, on a pro -rata basis, vacation leave for completed pay periods. Such vacation allowance shall be available for use on the first day following the pay period in which it is earned; however, vacation allowance shall be available for use after the completion of six months by a probationary employee. Length of Service from Annual Benefit Date Vacation Accrual Allowance Rate On employment through 59 months 80 hours 3.08 hours per pay 60 months through eriod 119 months 120 hours 4.52 hours per pay f�months and u 6.15 hours p 160 hours per pay eriod (b) Maximum Accrual: Vacation leave may be accrued to a maximum of 320 hours. Once the 320 hour maximum accumulation is reached, no further vacation leave shall accrue until the employee reduces the accumulation below the maximum. (c) Waiver of Maximum Accrual: A waiver must be requested by the Department Director or Division Manager and approved by the City Manager, for a period not to exceed thirteen (13) pay periods per fiscal year, If at the end of the waiver period the maximum accrual amount is exceeded, vacation accrual for the affected employee will -24- stop. No further vacation time will be accrued until the employee's vacation leave balance is below the maximum accrual amount. In the event that the failure to utilize vacation past the thirteen pay period waiver is due to the City's inability to allow an employee to take vacation (as opposed to an employee's delay and/or failure to request vacation time off), the employee may, with City Manager authorization, continue to accrue vacation. (d) Vacation Leave Cash Out Option: Once 240 hours of vacation leave accumulation is reached, the employee is eligible to receive at their request, a one time per year "cash out" payment for up to 40 hours of the accrued vacation leave provided he or she has used 80 hours of his or her accrued vacation leave during the previous twelve months. The "cash out" value is at the employee's current rate of pay regardless of the rate at which the vacation leave hours were earned. (e) The minimum charge against accumulated vacation leave shall be fifteen (15) minutes or multiples thereof. Vacation leave shall be compensated at the employee's base rate of pay. (f) The time during a calendar year at which an employee may take his or her vacation shall be determined by the Department Director or Division Manager with due regard for the wishes of the employee and particular regard for the needs of the City. (g) All vacation leave requests shall be made with as much advance notice as possible, and prior approval must be given by the employee's supervisor and Department Director or Division Manager. When circumstances warrant and advance notice is impractical, Department Directors or Division Managers may approve the use of vacation leave for emergency absences. If an employee does not request time off in advance and simply does not show up for work, the Department Director or Division Manager may deny the use of vacation time or any leave accruals, and said employee may be subject to disciplinary action. (h) When a fixed holiday falls within a vacation period, the holiday time shall not be charged against an employee's earned vacation benefits. -25- (i) Employees who terminate or retire shall be paid for all accrued vacation leave earned at their base rate of pay at the time of their separation of employment. {j) Exempt employees, for the purpose of accrual, shall be credited with previous municipal experience, up to five (5) years of full-time service. (k) Employees on Unpaid Leave: Employees on unpaid leave do not accrue vacation leave. (1) Employees not Eligible for Vacation: Temporary (working less than 1,040 hours), emergency, seasonal part time, and intermittent part time do not accrue vacation. (m) Prorated Benefits: Regular part time employees receive prorated vacation. Section 3. Sick Leave: Sick leave is defined as the authorized absence from duty of an employee because of physical or mental illness, injury, pregnancy, confirmed exposure to a serious contagious disease, or for a medical, optical, or dental appointment. Sick leave shall not be considered as a privilege which an employee may use at his or her discretion, but shall be allowed only in case of necessity and actual sickness or disability. (a) Accrual: Employees shall accrue sick leave for each payroll period completed, prorated on the basis of eighty (80) hours per year, or 3.08 hours per pay period. Sick leave shall be available for use the first day following the payroll period in which it is earned. (b) Minimum Use: The minimum charge against accumulated sick leave shall be fifteen (15) minutes or multiples thereof. Approved sick leave with pay shall be compensated at the employee's base rate of pay. (c) Proof of Illness: The Department Director or Division Manager may require a physician's certificate. (d) Notification. In order to receive compensation while absent from duty on sick leave, the employee must notify his or her immediate supervisor or Department Director or Division Manager prior to, or within two (2) hours after the time set for the beginning of his or her regular duties. The Department Director or Division Manager may request a certificate issued by a licensed -26- physician or other satisfactory proof of illness before sick leave is granted. (e) Violations: Violation of sick leave privileges may result in disciplinary action when in the opinion of the Department Director or Division Manager, the employee has been excessively absent or has abused such privileges. Employees who do not call in within two (2) hours of the start of their assignment may be denied use of sick leave. (g) Sick Leave Payout: Each full time employee shall be paid annually for all accrued sick leave in excess of the maximum allowable accumulation of two hundred (200) hours at a rate of one-half (112) the employee's current wage at the time of payment. Said payment is to be made during the month of December, or at such other time as the City Manager may determine, at his or her absolute discretion, as appropriate. After five (5) years of service, when an employee retires, resigns or terminates in good standing, that employee will be paid all accumulated sick leave at a rate of one-half (112) of the employee's current rate of pay at his or her date of separation. (h) Use of Family Sick Leave: Use of family sick leave shall be limited to half the yearly sick leave entitlement in any one (1) year period. The amount of sick leave available is limited to what the employee accrued prior to utilizing sick leave for this purpose. Sick leave taken for this purpose shall be allowed only in the case of necessity of and actual illness of an employee's child, parent, or spouse or domestic partner as determined by the City Manager. In order to receive sick leave with pay for this purpose, the employee shall notify the Department Director prior to or within two (2) hours after the start of the employee's scheduled work shift. The City Manager may, if he/she deems necessary, require the employee to file a Physician's Certificate (regarding the illness of the employee's child, parent, spouse, or domestic partner) or an Affidavit stating the cause of absence. Use of sick leave under this section shall not extend the maximum period of leave to which an employee is entitled under Family and Medical Leave. (i) Employees on Unpaid Leave: Employees on unpaid leave do not accrue sick leave. -27- (j} Seasonal and Intermittent Part Time Employees: Seasonal and intermittent part time employees do not accrue sick leave. (k) Part-time regular employees: Part time regular employees accrue prorated sick leave. Section 4. Occupational „Injury or Illness Leave: Whenever a person is compelled to be absent from employment with the City on account of injury or illness arising out of or in the course of that employee's employment as determined by the Workers' Compensation Act, the employee may elect to apply pro -rated accrued sick leave, if any, to such absence to receive compensation of an amount of the difference between the compensation received under the Workers' Compensation Act and that of the employee's regular pay, not to exceed the amount of the employee's earned sick leave. An employee, in such instance, may also elect to use any earned vacation time in like manner after sick leave is exhausted. An employee, in such instance, may also elect to use any earned Administrative Leave and Floating Holiday hours in like manner after sick leave and earned vacation time is exhausted. Employees shall receive full salary in lieu of Workers' Compensation benefits and paid sick leave for the first twenty-four (24) hours following an occupational injury or illness, if authorized absence is by order of an accepted physician under the Workers' Compensation sections of the California Labor Code. Section 5. Bereavement Leave: When conditions warrant, twenty-four (24) hours of paid bereavement leave may be used per occurrence in the event of death of a spouse, domestic partner, child, brother, sister, parent, parents -in-laws, or grandparent of a full time employee. With City Manager approval, up to an additional sixteen (16) hours of sick leave may be used to supplement bereavement leave. In the event of the death of other relatives and with City Manager approval, twenty-four (24) hours of sick leave may be used per occurrence for the death of aunts, uncles, or other individuals related by blood or marriage. Section 6. Ju Duty and Witness Leave: If a regular full time employee is required to serve as a juror, such employee shall receive regular pay while actually performing jury service. Amounts received by such employee as payment for service as a juror except mileage paid to the employee need to be reimbursed to the City. Part time regular employees shall receive prorated pay based on the hours they were scheduled to work. Employees will be -28- required to provide a Jury Duty Certification form to their supervisor, to be attached to their time sheet for that time period. Employees shall be granted leave with pay when subpoenaed to testify as a witness other than as a party or an expert. Employees absent from work due to jury duty or witness leave must daily notify their immediate supervisor or Department Director of the status of their leave. Section 7. Administrative Leave: FLSA exempt employees are allowed eighteen (18) hours of administrative leave per fiscal year. Executive Management employees are allowed thirty-six (36) hours of administrative leave per fiscal year. Additional hours of leave may be authorized by the City Manager, based on the number of total hours the individual works over and above forty (40) hours per work week. Administrative leave may be accumulated and carried over to the following year for a maximum of two years. Administrative leave must be used by June 30 of the second fiscal year. If not used, the exempt employee will cease accruing administrative leave for the following year. Requests for the use of administrative leave must be approved by the immediate supervisor and the City Manager. Use of Administrative leave will be authorized at the convenience of the City and the work schedule. Section 8. Family and Medical Leave: (a) Statement of Polic : To the extent not already provided for under current leave policies and provisions, the City will provide family and medical care leave for eligible employees as required by state and federal law. (b) Definitions: (1) 12 -Month Period means a rolling 12 -month period measured backward from the date leave is taken and continuous with each additional leave day taken. (2) Child means a child under the age of 18 years of age, or 18 years of age or older who is incapable of self-care because of a mental or physical disability. An employee's child is one for whom the employee has -29- actual day-to-day responsibility for care and includes, a biological, adopted, foster or step -child, legal ward, or a child of a person standing in loco parentis. (3) Parent means the biological parent of an employee or an individual who stands or stood in loco parentis (in place of a parent) to an employee when the employee was a child. This term does not include parents-in- law. (4) Domestic Partner means a person as defined in the California Family Code. (c) Reasons For Leave: Leave is only permitted for the following reasons: (1) The birth of a child or to care for a newborn of an employee; (2) The placement of a child with an employee in connection with the adoption or foster care of a child; (3) Leave to care for a child, parent, or spouse who has a serious health condition; or (4) Leave because of a serious health condition that makes the employee unable to perform the functions of his or her position. (d) Employees Eligible For Leave An employee is eligible for leave if the employee: (1) Has been employed for at least 12 months; and (2) Has been employed for at least 1,250 hours during the 12 -month period immediately preceding the commencement of the leave. (e) Amount of Leave: Eligible employees are entitled to a total of 12 workweeks of leave during any 12 - month period. -30- (1) Minimum Duration of Leave: If leave is requested for the birth, adoption or foster care placement of a child of the employee, leave must be concluded within one year of the birth or placement of the child. In addition, the basic minimum duration of such leave is two weeks. However, an employee is entitled to leave for one of these purposes (e.g., bonding with a newborn) for at least one day, but less than two weeks duration on any two occasions. If leave is requested to care for a child, parent, spouse, or the employee him/herself with a serious health condition, there is no minimum amount of leave that must be taken. However, the notice and medical certification provisions of this policy must be complied with. (2) Spouses Both Employed by the City: In any case in which a husband and wife both employed by the City are entitled to leave, the aggregate number of workweeks of leave to which both may be entitled may be limited to 12 workweeks during any 12 - month period if leave is taken for the birth or placement for adoption or foster care of the employees' child (i.e., bonding leave). This limitation does not apply to any other type of leave under this policy. (f) Employee Benefits While On Leave: Leave under this policy is unpaid. While on leave, employees will continue to be covered by the group health insurance to the same extent that coverage is provided while the employee is on the job. If an employee fails to return to work after his or her leave entitlement has been exhausted or expires, the City shall have the right to recover its share of health plan premiums for the entire leave period, unless the employee does not return because of the continuation, recurrence, or onset of a serious health condition of the employee or his or her family member which would entitle the employee to leave, or because of circumstances -31- beyond the employee's control. The City shall have the right to recover all sums due the City. (g) Substitution of Paid Accrued Leaves: While on leave under this policy, as set forth herein, an employee may elect to concurrently use paid accrued leaves. Similarly, the City may require an employee to concurrently use paid accrued leaves after requesting Family Medical Leave Act (FMLA) and/or California Family Rights Act (CFRA) leave, and may also require an employee to use Family and Medical Care Leave concurrently with a non- FMLAICFRA leave which is FMLAICFRA- qualifying. (1) Employee's Right to Use Paid Accrued Leaves Concurrently With Family Leave: Where an employee has earned or accrued paid vacation, administrative leave, or compensatory time, that paid leave may be substituted for all or part of any otherwise unpaid leave under this policy. As for sick leave, an employee is entitled to use sick leave as set forth in Section 3. (h) Medical Certification: Employees who request leave for their own serious health condition or to care for a child, parent or a spouse who has a serious health condition must provide written certification from the health care provider of the individual requiring care if requested by the City. (i) Reinstatement Upon Return From Leave (1) Right to Reinstatement: Upon expiration of leave, an employee is entitled to be reinstated to the position of employment held when the leave commenced, or to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment. (2) Employee's Obligation to Periodical/ Report on His or her Condition: Employees may be required to periodically report on their status and intent to return to work. -32- This will avoid any delays to reinstatement when the employee is ready to return. (3) Fitness for Duty_ Certification: As a condition of reinstatement of an employee whose leave was due to the employee's own serious health condition that made the employee unable to perform his or her job, the employee must obtain and present a fitness -for -duty certification from the health care provider that the employee is able to resume work. Failure to provide such certification will result in denial of reinstatement. Section 9. California Paid Family Leave: California Paid Family Leave is a component of State Disability Insurance (SDI). Unlike SDI, which partially covers employee wage loss due to a personal disability, injury, or pregnancy, Paid Family Leave Insurance partially covers employee wage loss for individuals who need to care for a seriously ill family member or bond with a new child. Benefits are available for a maximum of six (6) weeks in a twelve (12) month period. Paid Family Leave and SDI are both administered by the Employment Development Division (EDD) and funded entirely by mandatory payroll deductions. Section 10. Pregnancy Disability Leave: An employee is eligible for six (6) weeks of unpaid leave for a normal pregnancy, childbirth or related medical condition and up to four (4) months when there is certification by a physician that there is a disability due to the pregnancy, childbirth, or related medical condition. (a) During the pregnancy disability leave time, paid leave may be charged to accrued benefit time such as vacation, administrative leave and floating holidays, at the employee's request. In addition, accrued sick leave may be used at the employee's request, in accordance with Section 3. (b) Health insurance benefits shall continue for the duration of the pregnancy disability leave under the same conditions as if the employee had continued employment. If the employee fails to return to work after the period of leave to which the employee is entitled has expired, the City is entitled to recover the premiums paid on behalf of the employee for maintaining coverage. -33- (c) The City Manager may require the employee to file a physician's certificate or personal affidavit and to provide reasonable notice of the date the leave will begin and the estimated duration of the leave. Section 11. Election Leave: If a full time employee does not have sufficient time outside of working hours to vote at a statewide election, the voter may, without loss of pay, take off enough working time, which when added to the voting time available outside of working hours will enable the voter to vote. Regular part time employees are eligible for election leave based upon hours scheduled to work. No more than two hours of the time taken off for voting shall be without loss of pay. The time off for voting shall be only at the beginning or end of the regular work shift, whichever allows for the greatest free time for voting and the least time off from the regular working shift, unless otherwise mutually agreed upon. The employee shall give the supervisor at least two working days' notice that time off for voting is desired. Section 12. School Visit Leave: Full time and regular part time employees are permitted to use up to forty (40) hours of leave for the purpose of participating in their children's school activities. Vacation or floating holiday leave must be used for this purpose, and the request for time off cannot exceed eight (8) hours in any calendar month. In the event the employee has exhausted all accrued vacation leave and floating holiday hours, leave without pay may be taken for this purpose and all hour restrictions apply. Section 13. Leave of Absence Without Pay: The City Manager may grant a regular employee a leave of absence without pay for a period not to exceed one (1) year. No such leave shall be granted except upon written request of the employee, setting forth the reason for the request. Approval will be in writing. Upon expiration of a regularly approved leave or within a reasonable period of time after notice to return to duty, the employee shall be reinstated in the classification held at the time leave was granted. Failure on the part of an employee on leave to report promptly at its expiration, or within a reasonable time after notice to return to duty, shall be cause for discharge. Such leave of absence shall not be counted as a break in service for purposes of satisfying the continuous employment requirement for vacation allowance. (a) Department Directors may grant an employee leave of absence without pay for a period not to exceed one (1) -34- calendar week. Such leaves shall be reported to the City Manager. (b) An employee on leave of absence without pay does not accrue sick leave, vacation time, or receive benefits while on leave. Such employee does not lose or forfeit any sick leave or unpaid vacation time that had been accumulated prior to the time being granted. Section 14. Military Leave: Military leave shall be granted to City employees in accordance with the provisions of current federal and state law. Section 15, Political Leave: Political leave shall be granted to any regular employee who is declared a candidate for public office subject to the provisions of Section 13: Leave of Absence Without Pay. -35- RULE XIII HOLIDAYS Section 1. Holidays Observed: The City of Diamond Bar's observed paid holidays are as follows: 1. New Year's Day (January 1) 2. President's Day (observed the third Monday in February) 3. Memorial Day (observed the last Monday in May) 4. Independence Day (July 4) 5. tabor Day (observed the first Monday in September) 6. Veteran's Day (November 11) 7. Thanksgiving Day 8. Day following Thanksgiving Day 9. Christmas Eve (December 24) 10. Christmas Day (December 25) 11. Sixteen (16) Floating Holiday Hours Holidays which fall on Saturday shall be observed the preceding Friday and holidays which fall on Sunday shall be observed on the following Monday. Paid holidays are only for the observed days. If an observed holiday falls on a nine (9) hour work day under the 9180 work schedule, those employees on the 9180 schedule shall receive nine (9) hours of holiday pay and those employees on a traditional work schedule shall receive eight (8) hours of holiday pay. If an observed holiday falls on an eight (8) hour work day under the 9/80 work schedule, those employees on the 9180 schedule shall receive eight (8) hours of holiday pay and those employees on the traditional work schedule shall receive eight (8) hours of holiday pay. Section 2. Floating Holidays: (a) Each full time employee is allowed sixteen (16) hours per calendar year, January through December. Regular part time employees are allowed prorated floating holiday hours per calendar year, January through December based upon hours scheduled to work. -36- (b) Floating Holiday hours are not cumulative and must be used during the above period or said employee will lose the allocated hours. (c) Each employee must submit a request in advance, and approval must be given by the employee's supervisor and Department Director. (d) An employee is eligible to use floating holiday hours as they are allocated. (e) Floating Holiday hours may be used in lieu of sick leave only if all other benefit time has been exhausted. Section 3. Eligibility for Holidays: All employees are eligible for holidays except the following: (a) Seasonal and intermittent part time employees. (b) Temporary employees. Section 4. Prorated Holiday Pay: Regular part time employees shall receive prorated pay for any holiday on which they are scheduled to work. -37- RULE XIV CHANGES IN EMPLOYMENT STATUS Section 1. Transfer: An employee may be transferred by the City Manager at any time from one position to another position in the same or comparable class. A comparable class is one with essentially the same maximum salary limits, involves the performance of similar duties and requires substantially the same basic qualifications. If the transfer involves a change from the jurisdiction of one supervising official to another, both must consent thereto unless the City Council orders the transfer for purposes of economy or efficiency. Transfer shall not be used to effectuate a promotion, demotion, advancement, or reduction, each of which may be accomplished only as provided in these Rules. No person shall be transferred to a position for which he/she does not possess the minimum qualifications. Section 2. Promotion: When practicable and consistent with the best interests of the City, vacancies in the competitive service may be filled by promotion from within the competitive service. All candidates for promotion must meet the minimum qualifications identified by the appointing authority. If, in the opinion of the City Manager or designee, a vacancy in the position could be filled better by an open, competitive examination instead of a promotional appointment, he/she shall arrange for an open competitive examination and for the preparation and certification of an employment eligibility list. Section 3. Demotion: The appointing authority may demote an employee whose ability to perform his or her required duties falls below standard or a regular employee for disciplinary cause. No employee shall be demoted to a position for which he/she does not possess the minimum qualifications. Such action shall be subject to appeal. Section 4. Suspension: The appointing authority may suspend a regular employee at any time for cause. Section 5. Reclassification: The appointing authority may reclassify a position from one class to another if there has been a gradual accretion or reduction of duties and/or responsibilities over time. RULE XV SEPARATION FROM EMPLOYMENT Section 1. Job Abandonment: An employee is deemed to have resigned if the employee is absent for three (3) consecutive workdays without prior authorization and without notification during the period of absence. On the second working day of unauthorized absence, the supervisor shall send a telegram or overnight letter to the employee's last known address informing the employee that if the employee fails to report to work within one (1) workday, or receive authorization for such absence, the employee will be deemed to have resigned. After the third consecutive workday without prior authorization and without notification of unauthorized absence, the supervisor shall send a telegram or overnight letter to the employee's last known address informing the employee of the resignation and providing notice that the employee may provide an explanation of their absence. Employees separated from employment for job abandonment will be reinstated with such charge removed from the employee's record upon presentation of justification for absence such as severe accident, severe illness, false arrest, or mental or physical impairment which prevented notification. Employees have no right to appeal if deemed to have resigned as a result of job abandonment. Section 2. Discharge: An at -will employee may be discharged at any time without cause and without the right of appeal. An employee in the competitive service may be discharged for cause at any time by the Department Director. Any employee in the competitive service who has been discharged is entitled to rights provided in Rule XVII. Section 3. Lav -off: The City Manager may lay off an employee in the competitive service because of change in duties or organization or shortage of work or funds. (a) Notification: Employees to be laid off shall be given, whenever possible, at least ten (10) calendar days prior notice. (b) Order of Layoff: Employees shall be laid off in the inverse order of their seniority in their classification in the department. Seniority shall be determined based upon date of hire in the classification and higher classifications in the department. A lay off out of the inverse order of seniority may be made if, in the City's judgment, retention of special job skills are required. Within each class, employees shall be laid off in the following order, unless special skills are required: temporary, intermittent and seasonal part-time, probationary, part time regular, full time regular. -39- In cases where there are two or more employees in the classification in the department from which the lay off is to be made who have the same seniority date, such employees shall be laid off on the basis of the last evaluation rating in the class, providing such rating has been on file at least thirty (30) days and no more than twelve (12) months prior to lay off, as follows: a) First, all employees having ratings of "Needs Improvement or Does Not Meet Expectations;" b) Second, all employees having ratings of "Meets Expectations;" c) Third, all employees having ratings of "Consistently Exceeds Expectations or Frequently Meets and Exceeds Expectations." (c) Re-employment Rights for Laid -off Employees: Regular employees, who have received a satisfactory or better evaluation for the 12 months prior to lay off, have completed their probationary period and who have been laid off shall be automatically placed on a re-employment list for one year for the classification from which they were laid off. Section 4. Resignation: An employee wishing to leave the competitive service in good standing shall file with the supervising official at least ten (10) working days before leaving the service, a written resignation stating the effective date and reasons for leaving. Failure to give such notice shall mean the employee did not terminate in good standing, unless the City Manager has waived the two-week notice requirement. Failure to comply with this rule shall be entered on the service record of the employee and be cause for denying future employment by the City. A resignation becomes final when accepted by the City Manager and cannot be withdrawn. Section 5. Reinstatement: A regular employee who has resigned, or has otherwise been separated while in good standing, may be considered for reinstatement, upon recommendation of the Department Director or Division Manager and approval of the City Manager, to a position in the former employee's same or comparable classification or a lesser classification for a period of two (2) years after resignation or separation provided such a position is vacant and available. The employee shall be reinstated to the salary range and step held at the time of resignation or separation and shall receive a new anniversary date which shall be the first date of employment upon reinstatement. The employee will serve a new probationary period. -40- RULE XVI REPORTS AND RECORDS Section 1. General: The City maintains a personnel file on each employee. An employee's personnel file shall contain only material that is necessary and relevant to the administration of the City's personnel program. Personnel files are the property of the City, and access to the information they contain is restricted. Section 2. Notifying City of Changes in Personal Information: Each employee is responsible to promptly notify the employee's supervisor and the City Manager's designee of any changes in relevant personal information, including • Mailing address Telephone number • Persons to contact in emergency Number and names of dependents Section 3. Location of Personnel Files: The personnel files will be kept secure and confidential by the person assigned the Human Resources function. Section 4. Medical Information: (a) Separate Confidential Files. All medical information about an employee or applicant is kept separately and is treated as confidential, in accordance with federal and state law. (b) Information in Medical Files. The City will not obtain medical information about an employee or applicant except in compliance with the California Confidentiality of Medical Information Act. To enable the City to obtain certain medical information, the employee or applicant may need to sign an authorization for release of employee medical information. (c) Access to Medical Information. Access to employee or applicant medical information shall be strictly limited to only those with a legitimate need to have such information for City business reasons. In the case of an employee with a disability, managers and supervisors may be informed regarding necessary restrictions on the work or duties of the employee and necessary accommodations. Section 5. References and Release of Information in Personnel Files: (a) Public Information: Upon request, the City will release to the public information about its employees as required by the Public Records Act. The City will not disclose personnel information that it considers would constitute an unwarranted invasion of personal privacy. (b) Reference Checks: All requests from outside the City for reference checks or verification of employment concerning any current or former employee must be referred to the City Manager's designee. Information will be released only if the employee signs an authorization for release of employment information, except that without such authorization, the following limited information will be provided: position held by the employee, dates of employment, and salary upon departure. Managers and supervisors should not provide information in response to requests for reference checks or verification of employment, unless specifically approved by the City Manager on a case-by-case basis. Section 6. Employee Access to Personnel File: An employee may inspect his or her own personnel file at reasonable times and at reasonable intervals. An employee who wishes to review his or her file should contact the City Manager's designee to arrange an appointment. The review must be done in the presence of a Human Resources staff member. Section 7. Destruction of Records: Personnel files shall be kept until ten (10) years after separation of employment. Payroll records shall be kept permanently. Records relating to personnel recruitment, including correspondence, applications, examinations, and reports may be destroyed after five (5) years. (Reference: Records Retention Schedule) -42- RULE XVII GRIEVANCE PROCEDURES Section 1. Definition: (a) Grievance: Except as otherwise excluded, a "grievance" is a written allegation by an employee, submitted as herein specified, claiming violation(s) of the specific express terms of the Personnel Rules and Regulations and for which there is no other specific method of review provided by City regulations. Disputes concerning the applicability of the Grievance Procedure that persist through the third level shall be submitted for determination by a court, unless the grievant and the City agree otherwise. (b) Grievant: A grievant is an employee or group of employees adversely affected by an act or omission of the City. (c) Day: A day is any day the agency is open to the public, that is any day except Saturdays, Sundays, and legal holidays recognized by the City. (d) Exclusions: 1. The procedure is not to be used for the purpose of resolving complaints, requests or changes in wages, hours and working conditions. 2. The procedure is not to be used to challenge the content of employee evaluations or performance reviews. 3. The procedure is not to be used to challenge the decision to reclassify, layoff, deny reinstatement, or deny a step or merit increase to an employee. 4. This procedure is not to be used in cases of oral reprimand, written reprimand, reduction in pay, demotion, suspension, or termination. 5. This procedure is not to be used to challenge violation of law or past practice. 6. This procedure is not to be used to challenge examinations or appointment to positions. -43- Section 2. Procedure: Step 1: Informal Discussion: The grievant shall discuss the grievance with his or her immediate supervisor on an informal basis in an effort to resolve the grievance. The grievance will be considered waived if not presented to the immediate supervisor within ten (10) working days following the day the event occurred upon which the grievance is based. The immediate supervisor shall respond within five (5) working days following the meeting with the grievant. Failure of the immediate supervisor to respond within such time limit shall entitle the grievant to process the grievance at the next step. Step 2: First Level of Review: If the grievance is not settled at Step 1, the grievant may submit the grievance in writing to his or her supervisor within five (5) working days of the receipt of the grievance response at Step 1. Failure of the grievant to deliver the written grievance shall constitute a waiver of the grievance. The supervisor shall meet with the grievant and a written decision and statement of facts and issues shall be rendered to the grievant within ten (10) working days from the date of the written grievance. Failure of the supervisor to respond within such time limit shall entitle the grievant to process his or her grievance at the next level of review. Step 3: Department Director or Division Manager Review (Second Level): If the grievance is not settled at Step 2, the grievant may submit the grievance to the Department Director or Division Manager within five (5) working days of receipt of the Step 2 grievance response. Failure of the grievant to deliver such written notice shall constitute a waiver of the grievance. The Department Director or Division Manager shall meet with the grievant, and a written decision and statement of facts and issues shall be rendered to the grievant and representative, if any, within ten (10) working days from the date of service. Failure of the Department Director or Division Manager to respond within such time limit shall entitle the grievant to process the grievance at the next level of review. Step 4: City Manager Review (Final Level): If the grievance is not settled at Step 3, the grievant may serve written notice of the grievance to the City Manager within five (5) working days following receipt of the grievance response at Step 3. Failure of the grievant to serve such notice shall constitute a -44- waiver of the grievance. The City Manager shall meet with the grievant and a written decision and statement of facts and issues shall be rendered to the grievant and representative, if any, within fifteen (15) working days from the date of service. The City Manager's decision shall be final. Section 3. Right_ of Grievant to Representation: The grievant has the right to be represented by any person or attorney he/she may select during the various stages of the grievance procedure. Section 4. Reprisals: Employees shall be insured freedom from reprisal for using the grievance procedure. -45- RULE XVIII DISCIPLINE Section 1. Types of Disciplinary Action: (a) Oral Warning: A formal discussion with an employee, usually by the employee's immediate supervisor, about performance or conduct problems, the need for the employee to improve and what specific improvement is expected. The employee's supervisor shall make a written record of the warning. (b) Written Reprimand: A formal written notice to the employee regarding performance or conduct problems, the need for the employee to improve and what specific improvement is expected. The written reprimand goes in the employee's personnel file. The employee may respond in writing to the written reprimand within fourteen (14) days. The response will be placed in the personnel file with the written reprimand. (c) Suspension: Removal of an employee from duty without pay for a specified period. (d) Reduction in Pay: A reduction in pay from the employee's current step within a pay range to a lower step within that same pay range. (e) Demotion: A reduction in status and salary from one classification to another classification having a lower salary range. (f) Dismissal or Discharge: Separation from employment of an employee for cause. Section 2. Grounds for Disciplinary Action Involving_ Regular Employees: Grounds for discipline include, but are not limited to, the following: (a) Fraud in securing employment or making a false statement on an application for employment. (b) Incompetency; i.e., the inability to comply with the minimum standard of an employee's position for a significant period of time. (c) Inefficiency or inexcusable neglect of duty, i.e., failure to perform duties required of an employee within his or her position. EM (d) Willful disobedience or insubordination, a willful failure to submit to duly appointed and acting supervision or to conform to duly established orders or directions of persons in a supervisory position or insulting or demeaning a supervisor or manager. (e) Dishonesty. (f) Possession, distribution, sale, use, or being under the influence of alcohol or illegal drugs or narcotics while on duty or while operating a City vehicle or potentially dangerous equipment leased or owned by the City. (g) Excessive absenteeism. (h) Inexcusable absence without leave. (i) Abuse of sick leave, i.e., taking sick leave without a doctor's certificate when one is required, or misuse of sick leave. (j) The conviction of either a misdemeanor related to the position held or a felony will constitute grounds for dismissal of any employee. The record of conviction will be conclusive evidence of the fact that the conviction occurred. The City Manager may inquire into the circumstances surrounding the commission of the crime in order to support the degree of discipline. A plea or verdict of guilty, or a conviction showing a plea of nolo contendere is deemed to be a conviction within the meaning of this Section. (k) Discourteous treatment of the public or other employees. (1) Improper or unauthorized use of City property. (m) Refusal to subscribe to any oath or affirmation which is required by law in connection with City employment. (n) Any willful act or conduct undertaken in bad faith, either during or outside of duty hours which is of such a nature that it causes discredit to the City, the employee's department, or division. (o) Inattention to duty or negligence in the care and handling of City property. (p) Violation of the rules and regulations in any department. -47- (q) Mental or physical impairment which renders the employee unable to perform the essential functions of the job, with or without reasonable accommodation (if disabled), or without presenting a significant current risk of substantial harm/threat to the health and/or safety of self or others. (r) Outside employment not specifically authorized. (s) Acceptance from any source of a reward, gift, or other form of remuneration in addition to regular compensation to an employee for the performance of his or her official duties. (t) The refusal of any officer or employee of the City to testify under oath before any Grand Jury having jurisdiction over any then pending cause of inquiry in which the investigation of government bribery or misconduct in City office is involved shall constitute of itself sufficient ground for the immediate discharge of such officer or employee. (u) Willful violation of any of the provisions of an ordinance, resolution, rule, regulation or policy prescribed by the department or City. (v) Improper political activity. Example: Campaigning for or espousing the election or non -election of any candidate in national, state, county or municipal elections while on duty and/or during working hours or in City uniform on or off duty; or the dissemination of political material of any kind while on duty and/or during working hours or in uniform. (w) Working overtime without authorization. (x) Possession of weapons on City property unless authorized. (y) Making false or malicious statements concerning any employee, the City, or the City's policies or practices. Section 3. Procedures for Taking Disciplinary Action: (a) Oral Wa,rning: Following a formal discussion, a supervisor or manager may summarize the oral warning, provide the summary to the employee and place it in the employee's department personnel file. At a minimum, a notation that the oral warning was given must be kept by the supervisor or manager. (b) Written Reprimand: A written reprimand will be prepared, discussed with and given to the employee. A copy will be -48- placed in the employee's official personnel file. The employee may within fourteen (14) days of receipt of the written reprimand file a written response for placement in the personnel file. (c) Suspension/Reduction in Pay/Demotion/Dismissal of Re ular Employees. 1. Notice of Proposed Discipline: Whenever the appropriate authority intends to suspend an employee, reduce the employee in pay, demote the employee or dismiss the employee, the appropriate authority will give the employee a written notice of proposed discipline which sets forth the following: a. The disciplinary action intended; b. The specific charges upon which the action is based; C. A summary of the facts upon which the charges are based; d. Identification of the rule, regulation, or policy violated; e. A copy of all documents upon which the discipline is based, or notice that the employee may request and will be given such information; f. Notice of the employee's right to respond to the charges either orally or in writing to the appropriate authority; g. The date, time and person before whom the employee may respond; h. Notice that failure to respond at the time specified will constitute a waiver of the right to respond prior to final discipline being imposed; The employee's right to representation 2. Response by Employee. The employee will have the right to respond to the appropriate authority orally or in writing within five working days. The -49- employee will have a right to be represented at any meeting set by the appropriate authority to hear the employee's response. In the case of suspension, reduction in pay, demotion or dismissal the employee's response will be considered before final action is taken. 3. Final Notice: After the response or the expiration of the employee's time to respond to the Notice of Proposed Discipline, the appointing authority or designee will: 1) dismiss the proposed discipline and take no disciplinary action against the employee, 2) modify the recommended disciplinary action, 3) uphold the recommended disciplinary action, or 4) prepare and serve upon the employee a Final Notice of Disciplinary Action. The Final Notice of Disciplinary Action will include the following: a. The disciplinary action taken; b. The effective date of the disciplinary action; C. Specific charges upon which the action is based; d. A summary of the facts upon which the charges are based; e. The written documents upon which the disciplinary action is based; f. The employee's right to appeal. Section 4. Appeal Rights: A regular employee will have the right to appeal a suspension, reduction in pay, demotion, or dismissal. Section 5. Method of Appeal., Appeals shall be in writing, signed by the employee (appellant), and filed with the City Manager within five (5) working days after receipt of the final notice. The appeal shall be a written statement, addressed to the City Manager admitting or denying each of the charges in the final notice and reasons why the final action should be reversed or modified. The formality of a legal pleading is not required. Section 6. Notice: Upon the filing of an appeal, the City Manager shall set a date for a hearing on the appeal. The City shall notify all interested -50- parties of the date, time and place of the hearing at such place as the City Manager shall prescribe. Section 7. Subpoenas: Subpoenas for witnesses to appear or for documents shall be issued only upon receipt by the City Manager of a written request thereof or, setting forth the names and addresses of the witnesses desired to be subpoenaed. Section 8. Sub oenas — Issuance: Subpoenas for witnesses or documents shall be issued only at direction of the City Manager. Section 9. Hearings: The appellant shall appear personally, unless physically unable to do so, before the City Manager, at the time and place of the hearing and may be represented by any person(s) or attorney(s) he/she may select and may, at the hearing, produce on his or her behalf, relevant oral and/or documentary evidence, At the commencement of any such hearing, or at any time prior to the commencement thereof, the City Manager may specify the order of procedure for any such hearing. Except as otherwise directed, the order of procedure for any such hearing shall be as follows: (a) The Department Director or officer having appointing authority shall be designated the respondent for the purpose of the hearing. The respondent shall present testimony or evidence in support of the statement of charges against the employee. Such evidence may be presented in the form of oral testimony, documents or demonstrative evidence. The employee shall have the right of cross examination of witnesses. (b) The employee by or for whom such hearing was requested shall be designated the appellant for the purpose of a hearing. Upon completion of the respondent's initial presentations the appellant shall be accorded an opportunity to present testimony in answer to the statement of charges against him/her. Respondent shall have the right to cross- examine witnesses. (c) The respondent and appellant may then offer rebuttal evidence only, unless the City Manager permits additional evidence to be presented. (d) At the conclusion of the hearing, the City Manager may permit arguments to be made. -51- (e) The conduct and decorum of the hearing shall be under the control of the City Manager, with due regard to the rights and privileges of the parties appearing. Hearings need not be conducted according to technical rules relating to evidence and witnesses but hearings shall be conducted in a manner most conducive to determination of the truth. {f) Oral evidence shall be taken only upon oath or affirmation of the witness. (g) Any relevant evidence may be admitted if it is the type of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rules that might make improper the admission of such evidence over objection in civil actions. (h) Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence that shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. (i) The rules dealing with privileges shall be effective to the same extent that they are now or hereafter may be recognized in civil actions. (j) Irrelevant and unduly repetitious evidence may be excluded (k) During examination of a witness, all other witnesses, except the parties, shall be excluded from the hearing upon motion of either party. (1) Burden of Proof: In a disciplinary appeal the employer has the burden of proof by preponderance of the evidence. (m) So far as possible, hearings and continuances shall be scheduled and granted to accommodate as many persons directly interested as possible, but nevertheless shall be within the absolute discretion of the City Manager or City Council, Section 10. Findings and Recommendations: The City Manager shall, within twenty (20) days after the conclusion of the hearing, certify his or her findings and decision in writing to the appellant and to the respondent. The decision shall be final. -52- RULE XIX PERFORMANCE EVALUATIONS AND ANNUAL WORK PLANS Section 1. General: Performance evaluation is the process of evaluating and recording the performance of each employee. The performance evaluation is best used: (a) To maintain a high level of efficiency or assist in raising efficiency by commending the employee. (b) To indicate to the employee those points in which he/she shows weak performance, and suggest the proper means of raising his or her working performance to the standard level. (c) To inform the employee of good performance. (d) To encourage better working relationships and mutual understanding by letting the employee know where he/she stands with relation to his or her supervisor's evaluation of his or her work. (e) To establish an annual work plan consisting of goals and tasks to be accomplished. Section 2. Responsibility for Evaluation: The Department Director or Division Manager, together with other supervisors familiar with the employee's work, is responsible for proper preparation of the performance evaluation for each employee in that department or division. The supervisor should carefully review the complete class description, and the goals and objectives for the employee, if any, before beginning each evaluation, to remind himself/herself of what should be expected from the employee, consider each item on the evaluation sheet separately in the light of the column definition, and select the column which best describes the work of the employee in each category. Section 3. Discussion with Employee: The performance evaluation must be discussed with the employee. During the interview, as well as on the form, special attention should be given to discussing specific ways in which the employee can improve his or her performance. An opportunity should also be afforded the employee to comment and bring up any questions he or she may have. Section 4. Policy and Procedure Review: The evaluating supervisor will review the City's Harassment Policy with the employee at the time of the performance evaluation and annual work plan review. -53- Section 5. Schedule: Performance evaluations for probationary employees are to be prepared at the end of the first five months, and after the first eleven months, immediately prior to the completion of the one year probationary period. After the probationary evaluation, an evaluation should be done on an annual basis on the employee's anniversary date. Performance evaluation for employees who are already at the top of their salary range shall be prepared during the month of June. This will provide a continuing opportunity for the employee and supervisor to review their annual work plan. Section 6. Appeal Procedure: It is the intent of the City to offer fair and equitable appeals procedures for employees' performance evaluations. Below are the official guidelines. a. Employee and supervisor meet to review and discuss the employee's performance evaluation. b. The employee may respond in writing to the contents of the evaluation. The employee must submit this response to the Department Director or Division Manager within ten (10) working days immediately following receipt of the evaluation. C. The employee may appeal the performance evaluation to the City Manager. The City Manager shall review the appeal RULE XX VEHICLE USE Section 1. Use of Private Vehicles: Private automobiles are not to be used for the City business except as authorized. The City Manager may authorize such use at the reimbursement rate equal to that set forth by the Internal Revenue Service. Payments shall be based upon the most direct route to and from the destination and garage and parking expenses shall be paid in addition to the current rate, upon submission of paid receipts. Section 2. Auto Allowance: Executive Management Employees will receive a monthly auto allowance. This stipend will be in lieu of any mileage reimbursement. If additional garage and parking expenses are incurred, they are reimbursable. Employees receiving a monthly auto allowance are eligible for mileage reimbursement in cases of exceptional travel. Exceptional travel is mileage which is in excess of 60 miles beyond the employees' normal commute. (Reference: Administrative Policy, City Council/ Employee Automobile and Administrative Expense Reimbursement Policy) -55- RULE XXI PROFESSIONAL DEVELOPMENT Section 1. Train: The City Manager and employees of the City are eligible to request specialized training in the form of symposiums, special courses, forums, etc., at the City's expense. Section 2. Tuition Reimbursement: Subject to Council fiscal year budget authorization, each full-time and regular part-time (on a pro -rated basis) employee shall be entitled to reimbursement in the amount of $1500 per fiscal year for college -level or university -level educational courses (including tuition and related books), which have been approved by the City Manager or his or her designee as being job-related and of value to the City. Reimbursement under this Section is contingent upon the verification of the attainment of a letter grade of "C" or better, or in those cases where no letter grade is given, verification of completion of the course with a "Pass" or "Credit" grade and submittal of a receipt for registration bearing the name of the course, for which reimbursement is being requested. In the case of reimbursement for books for any approved/verified course; a syllabus, course reading list or course outline showing the book as being required for the course, plus a receipt bearing the title of the book shall be submitted. from Section 1 RULE XXII EMPLOYEE STANDARDS OF CONDUCT Code of Ethics: a. Each officer, official, and employee has an obligation to the citizens, to the people's elected representatives, and to fellow employees to meet the highest ethical and professional standards and to enhance the public's respect and trust for the City government and its operations. b. Employees of the City have responsibilities unique from their counterparts in the private industry. Employment with the City carries an obligation of personal integrity and conduct that serves to establish public respect, confidence, and trust. C. Employees represent the City of Diamond Bar and the quality of City service is judged through their performance and conduct. The citizens of Diamond Bar have the right to expect that City employees will provide services in an efficient, thorough, and courteous manner. d. The City, as a condition of employment, expects to receive from the employee: 1. Initiative and a conscientious effort to perform productive work. 2. Cooperative, positive, responsive, and courteous relations with fellow employees, supervisors, subordinates, and the public. 3. A continuous effort to strive for greater knowledge and skill on the job in order to maintain performance at a high level. 4. Compliance with all policies, regulations, rules of conduct, and ordinances established by the City. 5. Public loyalty to and support of the official policies of the City. 6. Responsible work habits demonstrated by: a. Dependability, promptness, reliable attendance, and performing required duties competently, -57- b. Keeping informed of developments and matters affecting job performance, C. Being flexible and adaptable to change, d. Accepting constructive suggestions and criticism. 7. Neat and clean grooming and attire appropriate to the job assignment. Prescribed uniforms and safety equipment must be worn where applicable. e. No employee will accept a fee, compensation, gift, payment of expenses or any other thing of monetary value in any circumstances in which acceptance may result in or create the appearance of any one or more of the following: Use of public office and/or employment for personal or private gain. 2. Preferential treatment of any person. 3. Loss of complete independence or impartiality. 4. Making a City decision outside of official channels. 5. Reduction of public confidence in the integrity of City government and/or its employees. 6. Impeding government efficiency or economy. (Reference Administrative Policy P-10, Gift Policy) Section 2. Harassment Policy: (Reference Administrative Policy P-4, Harassment Policy) Pur ose: The City of Diamond Bar is committed to providing a work environment free of discriminatory harassment. The purpose of this policy is to define discriminatory harassment including sexual harassment, to prohibit the condoning or perpetuating of such conduct and to provide an efficient means for reporting and resolving complaints of harassment by or against any employee or applicant or from a person providing services pursuant to a contract. This policy also applies to elected and appointed officials. -58- 2. General Polic : The City's policy strictly prohibits discriminatory harassment on the basis of race, religion, sex or gender, sexual orientation, national origin, ancestry, physical or mental disability, medical condition, pregnancy, veteran status, marital status or age over 40 years. The City considers discriminatory harassment a serious offense and is firmly committed to the philosophy that every employee has the right to work in an environment free from discriminatory intimidation, ridicule and insult and to be treated with courtesy, dignity and respect. Every employee is expected to adhere to a standard of conduct that is respectful to all persons within the work environment. This Policy applies to all terms and conditions of employment, including but not limited to hiring, placement, promotion, disciplinary action, layoff, recall, transfer, leave of absence, training opportunities and compensation. Employees who violate this Policy may be subject to disciplinary action up to and including termination. The sexual harasser may be found personally liable to the victim of the harassment. Sexual harassment is outside the course and scope of employment, meaning that an employee accused of sexual harassment is not entitled to a defense or indemnity from the City in any action brought by the victim. 3. Prohibited Conduct: The City's policy prohibits the following types of conduct: 3.1 Harassment: Harassment is any type of verbal or physical conduct based on an employee's membership in a protected category, such as race, religion, creed, color, national origin, ancestry, physical or mental disability, medical condition, pregnancy, childbirth, veteran status, sexual orientation, marital status, sex, or age over 40 years, that is sufficiently severe or pervasive so as to affect an employee's work performance negatively and/or alter the conditions of employment and create an intimidating, hostile or otherwise offensive working environment. It need not be explicit, or even specifically directed at the victim. Sexually harassing conduct can occur between people of the same or different genders. -59- 3.2 Sexual Harassment: Sexual harassment is defined as follows: any action that constitutes an unwelcome sexual advance or request for sexual favors, or any verbal, visual or physical conduct of a sexual nature that is (i) related to or a condition to the receipt of employee benefits, including, but not limited to, hiring and advancement, (ii) related to or forms the basis for employment decisions affecting the employee, (iii) sufficiently severe or pervasive so as to affect an employee's work performance negatively and/or alter the conditions of employment and create an intimidating, hostile or otherwise offensive working environment. Romantic or sexual relationships between supervisors and subordinate employees are discouraged. There is an inherent imbalance of power and potential for exploitation in such relationships. The relationship may create an appearance of impropriety and lead to charges of favoritism by other employees. A welcome sexual relationship may change, with the result that sexual conduct that was once welcome becomes unwelcome and harassing. Examples of the type of conduct that can constitute unlawful harassment or sexual harassment include, but are not limited to, the following: Verbal: Inappropriate or offensive remarks, slurs, jokes or innuendoes based on actual or perceived sex, religious creed, national origin, ancestry, disability, medical condition, marital status, age or sexual orientation. This may include, but is not limited to, inappropriate comments regarding an individual's body, physical appearance, attire, sexual prowess, marital status, pregnancy or sexual orientation; unwelcome flirting or propositions; demands for sexual favors; verbal abuse, threats or intimidation of a sexual nature; or sexist, patronizing or ridiculing statements that convey derogatory attitudes about a particular gender. Ph sical: Inappropriate or offensive touching, assault, or physical interference with free movement when directed at an individual on the basis of actual or perceived sex, religious creed, national origin, ancestry, disability, medical condition, marital status, -60- age or sexual orientation. This may include, but is not limited to, kissing, patting, lingering or intimate touches, grabbing, massaging, pinching, leering, staring, unnecessarily brushing against or blocking another person, whistling or sexual gestures. Visual or Written: The display or circulation of offensive or derogatory visual or written material related to sex, religious creed, national origin, ancestry, disability, medical condition, marital status, age or sexual orientation. This may include, but is not limited to, posters, cartoons, drawings, graffiti, reading materials, computer graphics or electronic media transmissions. Environmental: A work environment that is permeated with sexually -oriented talk, innuendo, insults or abuse not relevant to the subject matter of the job. A hostile environment can arise from an unwarranted focus on sexual topics or sexually suggestive statements. An environment may be hostile if unwelcome sexual behavior is directed specifically at an individual or if the individual merely witnesses unlawful harassment in his or her immediate surroundings. The determination of whether an environment is hostile is based on the totality of the circumstances, including such factors as the frequency of the conduct, the severity of the conduct, whether the conduct is humiliating or physically threatening, and whether the conduct unreasonably interferes with an individual's work. 4. Provisions: 4.1 Prohibited Sugervisory or Managerial Behavior: No supervisor, manager, or other authority figure shall condition any employment, employee benefit, or continued employment with the City of Diamond Bar on an applicant's or employee's acquiescence to any of the behavior defined above. No supervisor, manager, or other authority figure shall retaliate against any applicant, or employee, because that person has opposed a practice prohibited by this policy or has filed a complaint, testified, assisted, or participated in any manner in an investigation, -6Z - Proceeding, or hearing conducted by an authorized investigator. 4.2 Behavior Prohibited by all Persons: No person in City Hall or any other City workplace shall create a hostile or offensive work environment for any other person by engaging in any discriminatory harassment or by tolerating it on the part of any employee. No person in City Hall or any other City workplace shall assist any individual in doing any act that constitutes discriminatory harassment against any employee of the City of Diamond Bar. No person in City Hall or any other City workplace may retaliate against any employee because that person has opposed a practice prohibited by this policy or has filed a complaint, testified, assisted or participated in any manner in an investigation proceeding or hearing conducted by an authorized investigator. No person shall destroy evidence relevant to an investigation of harassment discrimination. 4.3 Obligations of Su ervisors/Mans ers: Any supervisory staff receiving a complaint of harassment, whether formal or informal or whether oral or written, or observing or otherwise being made aware of an incident of harassment, must inform the Human Resources Manager, Assistant City Manager, or the City Manager of such complaint or incident. A copy of this policy shall be provided to all employees of the City of Diamond Bar. A copy of the information sheet on sexual harassment prepared by the Department of Fair Employment and Housing is available to all City of Diamond Bar employees upon request. The City of Diamond Bar shall periodically notify employees of the procedures for registering a complaint as well as available redress. Such -62- notification shall occur through the normal channels of communication. The Human Resources office shall make available upon request information from the Department of Fair Employment and Housing and the Equal Employment Opportunity Commission about filing claims of sexual harassment with these entities. 4.4 Obli ations of All Em to ees: On an annual basis all employees will be required to review the harassment policy and sign a form which acknowledges that they have read and understand the City of Diamond Bar's harassment policy and complaint procedure. All employees should report any conduct, which fits the definition of discriminatory harassment, to their immediate supervisor or appropriate authority figure. This includes conduct of non -employees, such as sales representatives or service vendors or harassing conduct toward such contractors. All persons should report to their supervisor, manager or the Human Resources Manager any instances of discriminatory harassment that they have directly observed, whether or not reported by the employee who is the object of the harassment. All employees shall cooperate with any investigation of any alleged act of discriminatory harassment conducted by the City of Diamond Bar or its agents. 4.5 Investigative Action: The City Manager's designee shall authorize the investigation or conduct the investigation of any incident of alleged discriminatory harassment reported to them. The investigation shall be conducted in a way that ensures, to the extent feasible, the privacy of the parties involved. The person designated to investigate shall immediately report in writing the findings of fact to the City Manager's designee. The designee will -63- determine whether the Policy has been violated and communicate the conclusion to the complainant. Disciplinary action shall be decided in accordance with the City of Diamond Bar policy and after consultation with the City Manager's designee. Under no circumstances shall an employee of the City of Diamond Bar who believes that he or she has been the victim of discriminatory harassment be required to first report that harassment to a supervisor or other authority figure if that person or authority figure is the individual who has done the harassing. Under no circumstances shall a supervisor, manager, or other authority figure retaliate in any way against an employee who has made a complaint or who has provided information as a witness to an incident of alleged harassment. All supervisors and managers are required to maintain confidentiality to the extent possible in communicating or investigating any claims of alleged harassment. 5. Com taint Form: The more time that passes after an incident of harassment, the more difficult it is to investigate. It is recommended that complaints be made as soon as possible. The initial report may be oral or written, but a written and signed statement will assist in the investigation process. Your notification to the City is essential. The City cannot respond to a harassment problem if the problem is not brought to our attention. You may be assured that you will not be penalized in any way for reporting discriminatory harassment or other harassment problems. Complaint forms are available in Human Resources or a written statement can be submitted but must include the following information: a. The employee's name, department and position title. b. The name of the person or persons committing the harassment, including their title(s) if known. C. The specific nature of the harassment, how long it has gone on, and any employment action (demotion, failure to promote, dismissal, refusal to hire, transfer, etc.) taken against the victim as a result of the harassment (if applicable), or any other threats made against the victim as a result of the harassment. d. Witnesses to the harassment. e. Whether the victim previously has reported such harassment and, if so, when and to whom. -65- CITY OF DIAMOND BAR Harassment Complaint Form All complaints will be investigated in accordance with procedures detailed in the Harassment Policy. The City respects the employees/individuals right of confidentiality, however, disclosures may be done on a need to know basis. NAME: TITLE: DEPARTMENT: TODAY'S DATE: DATE OF OCCURRENCE(S) Please identify the individual who is doing the harassing/discriminating. Include name(s) and job title(s): Please detail the behavior which you are reporting - including all individuals involved, location, time, and any witnesses. If there are multiple occurrences, detail each. Describe the incident, the participants, the background to the incident and any attempts you have made to solve the problem. Be specific, i.e. detail actions, not attitudes or opinions -- "he/she put their right hand on my left shoulder; not "he/she makes me feel uncomfortable": Please identify others who are aware of this behavior and how they are aware: I City of Diamond Bar Harassment Complaint Form Page 2 Please identify and provide any written documents relevant to this complaint, i.e. diaries, journals, letters, emails, etc.: Are you aware of others who have similar complaints? Is there a suggestion for resolution for this matter and/or a desired outcome? Was this harassment previously reported? yes no If checked "yes" above, state when and to whom: Thank you for providing as detailed information as you are able. Please attach copies of relevant documentation. You may use additional paper if necessary. You will be informed in writing of the results of the investigation. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. ciignature of Complainant -67- Date Section 3. Information Systems Usage: (Reference Administrative Policy A-2, Information Systems Usage Policy) 1. Purpose: To establish guidelines for the use of information systems; including, but not limited to electronic mail (hereinafter "e-mail") and internet (hereinafter "internet") usage on the computer network and the telephones and voicemail (hereinafter "voicemail") system within the telephonic network of the City of Diamond Bar (hereinafter "City"). 2. Application: This policy shall apply to all City employees, consultants, elected and appointed officials or other non -employees utilizing electronic communications with the City (hereinafter "users"). 3. Definitions: Information Systems — includes, but is not limited to, computers, electronic mail, internet, hardware, software, network infrastructure, telephones, cellular phones, two-way radios, and any and all other equipment associated with digital information. Internet or World Wide Web www - for the purposes of this policy, is defined as universal information retrieval system(s) which exist independent of any City information systems. E-mail - for the purposes of this policy shall refer to any electronic message automatically passed from one computer user to another. 4. Policy: All information systems, including the internet, e-mail, and telephone voicemail are business communication tools made available to City employees and consultants in order to enhance efficiency and effectiveness in the performance of their duties and are to be used in accordance with generally accepted business practices and current laws. Messages transmitted over either the internet, the e-mail system, sites visited, or voicemail messages are intended to be those which involve City business activities or contain information essential to users for the accomplishment of business-related tasks, and/or communication directly related to City business, administration, or practices. 5. Provisions: 5.1. General Use: -68- 5.1.1. The City of Diamond Bar's internet and e-mail facilities shall not be used to violate the laws and regulations of the United States or any other nation, any state, city, or other local jurisdiction. 5.1.2. All internet and e-mail messages that are transmitted over or reside in the City's computer network are the property of the City and are subject to public requests for information. 5.1.3. All messages, calculations, e-mail, or data of any kind, filed on City hard drives or any other electronic storage media is a public record to the same extent hard copy documents are considered public record (in accordance with the California Public Records Act) and users have no expectation of privacy. 5.1.4. The internet and e-mail systems are not confidential systems since all transmissions on the systems are the property of the City. Therefore, the internet and e- mail systems are not appropriate for confidential communications. If a communication is considered to be private, an alternative method to communicate should be used. 5.1.5. The City reserves the right to monitor and record user internet and e-mail usage at any time. No user shall have any expectations of privacy as to his or her internet and e-mail usage. The City has software and systems in place that can and will monitor and record all usage for each and every user; including, but not limited to, all internal transmissions, World -Wide Web site visits, chats, newsgroups, and file transfers into and out of the City's internal network. City representatives may access, audit, and review all activity and analyze usage patterns, and may, for whatever reason, disclose this data to assure the City's telecommunications resources are devoted to maintaining the highest level of productivity. 5.1.6. Derogatory, defamatory, obscene, disrespectful, sexually suggestive, or in any other way inappropriate messages on the internet and/or e-mail system are prohibited and are a violation of this policy. Harassment in any form, sexual or ethnic slurs, and obscenities, or any representation of obscenities are prohibited and are a violation of this policy. Sending a copy of these types of offensive transmissions is prohibited and is a violation of this policy. 5.1.7. It is a violation of this policy to transmit a message under another user's name, reading others' e-mail messages, or accessing others' files. Any user who obtains a password or user identification must keep that password confidential; users shall not share user identification or passwords. It is the user's responsibility to maintain password security. If a user suspects someone else may know their password, it is the user's responsibility to change their password immediately. Users will log off of the City network at the end of each workday. 5.1.8. Users shall not operate a business through the City's Information Systems, e-mail, internet, or any bulletin boards. 5.1.9. Files which are to be shared by multiple users should be stored on the division file subdirectory on the designated share location. 5.1.10. All purchases of computer hardware or peripherals must be approved by the Information Systems Director. 5.2 Internet Use: 5.2.1 Users shall not use City internet facilities to: 5.2.1.1 Download or distribute pirated software or data. 5.2.1.2 Deliberately propagate any virus or any other destructive programming. 5.2.1.3 Disable or overload any computer system or network, or attempt to download alternate browsing software from any ISP such as AOL, CompuServe, and the like to circumvent any system intended to protect the privacy or security of another user. 5.2.1.4 Download entertainment software or games, or play games against opponents over the internet. -70- 5.2.1.5 Download images or videos unless there is an explicit business-related use for the material. 5.2.1.6 Upload any software licensed to the City or data owned or licensed by the City, without explicit authorization from the City Manager or his or her designee. 5.2.1.7 Commit infractions such as, but not limited to: misuse of City computer hardware, software or resources; sexual harassment; unauthorized public comments; or misappropriation or theft of intellectual property. 5.2.1.8 Release confidential City information. 5.2.2 All software downloaded via the Internet into the City network shall only be done with the approval of the Information Systems Department and shall become the property of the City. Any such files or software shall be used only in ways that are consistent with their copyrights or licenses. 5.2.3 The City retains the copyright to any material created or posted to any forum, newsgroup, chat or World -Wide Web page, by any user in the course of his or her duties. 5.2.4 Use of the internet connection during business hours shall be used exclusively for business purposes. Users may use their internet connection for non -business research or browsing during meal times, other breaks, or outside of work hours, providing all other usage policies are observed. 5.2.5 The City uses a variety of software and data to identify inappropriate or sexually explicit internet sites and will block access from within the City's network to all such sites that are known. If a user finds himself/ herself connected accidentally to a site that contains sexually explicit or offensive material, he/she shall disconnect from that site immediately, regardless of whether that site has been previously deemed acceptable by any screening or rating program, and immediately report the incident to the Information Systems Director. 5.2.6 The display of any kind of sexually explicit image or document on any City system is a violation of the City's Harassment Policy. In addition, sexually explicit material -7l - shall not be archived, stored, distributed, edited or recorded using the City's network computing resources. 5.2.7 Users shall not attempt to disable or circumvent any City security system. 5.2.8 Users should take reasonable care to prevent introduction or spread of computer viruses into or through the City's communication and information systems and equipment. The willful introduction of computer viruses, worms, Trojan horses, trap-door code and other disruptive and/or destructive programs into the City's computer systems or network is prohibited. 5.2.9 Users must not attempt to repair or resolve hardware or software failures, bugs, anomalies and/or problems themselves. These problems should be reported to the Information Systems Department. 5.3 E-mail Use: 5.3.1 Users of e-mail are responsible for the management of their mailboxes. E-mail is not a permanent storage medium and users are expressly forbidden to use it as such. E-mail in - boxes, out -boxes, sent items, and deleted files shall be emptied on a regular basis. E-mails intended to be retained must be copied and placed in an appropriate file. 5.3.2 Users are responsible for checking their mailbox on a regular basis during the workday for messages. Messages received shall be responded to promptly, 5.3.3 Incidental and occasional personal use of the e-mail system is permitted. Such personal communications should be limited to "reasonable" personal communications. "Reasonable" personal communications shall be subject to the interpretation of City management. 5.3.4 Remote access to e-mail shall only be permitted to Full-time Exempt staff. Full-time Exempt staff are exempt from the overtime requirements of the Fair Labor Standards Act; and therefore may access the e-mail system beyond the standard work day. Non-exempt staff, or those subject to overtime shall not access the e-mail system outside of the standard work day. -72- 5.3.5 Since the e-mail system is not designed for the long-term retention of messages nor should be considered an electronic recordkeeping system for all categories of records e-mail that becomes part of an official record should be printed for filing with other program or project files. The originator of an e-mail message becomes the record copy holder. It is the responsibility of the user to determine if an e-mail message is an official record and is covered within the scope of the City's records retention schedule. 5.3.6 E-mail messages addressed to "City Staff' or other broad distribution shall only be used for items that are of particular interest to all users and must be related to City business. Personal advertisements are not acceptable and shall not be sent. 5.3.7 All e-mail messages, sent to and received by any and all users can be read by systems administrators and management staff and users have no expectation of privacy. The use of passwords does not constitute a message as being private or confidential or that the City will not retrieve it. The deletion of messages is no assurance that the City will not retrieve and read the messages at a future time. 5.3.8 E-mail shall not be used by either supervisors or employees to transmit any form of written reprimand or disciplinary action. 5.3.9 E-mail Etiquette: 5.3.9.1 Remember as a user you are representing the City through your communications both internally and externally, and it is critical that you maintain a positive image for both yourself and the City. 5.3.9.2 Users must be certain that messages are addressed to the proper person. Check the list of persons being E-mailed when choosing a REPLY ALL function. 5.3.9.3 Capitalize words only to emphasize an important point or to distinguish a title or heading. Capitalizing whole words that are not titles is generally interpreted as shouting. 5.3.9.4 Users should be professional and careful of what they say about others. E-mail is easily forwarded and blind copied. MAN 5.3.9.5 Be cautious when using sarcasm and humor. Without face to face communication, humor may be viewed as criticism. By the same token, also carefully read what others write. The perceived tone may easily be misinterpreted. 5.3.9.6 Some E-mail messages, especially those written in "the heat of the moment," are best unsent. Users should think twice before sending angry or sarcastic messages or using E-mail to "let off steam." 5.4 Telephone and Voicemail Use 5.4.1 It is the primary responsibility of all users to answer the telephones. 5.4.2 Telephones and voicemail are intended for business-related purposes. 5.4.3 All telephonic equipment is the property of the City. The City has the right to retrieve and make proper and lawful use of any and all communications transmitted through the voicemail system. 5.4.4 Voicemail shall never be used as a substitute to answering a City telephone during work hours. 5.4.5 Personal non -toll calls may be made during breaks or after work hours. 5.4.6 Telephone and Voicemail Etiquette 5.4.6.1 All telephones must be answered before the third ring, 5.4.6.2 Greeting a caller shall contain the "City of Diamond Bar" or "Department or Division name" and "User name". 5.4.6.3 Users are to be courteous, respectful, and attentive while on the telephone. 5.4.6.4 Users shall take notes or use the record feature during the call to avoid requesting the same information a second time. 5.4.6.5 Irate callers shall be treated with special care. Users should attempt to identify their chief complaint quickly. -74- 5.4.6.6 Calls should be aborted only if the caller refuses a request to refrain from using abusive or profane language. 5.4.6.7 When transferring a call, the user shall explain to the caller why the call is being transferred. 5.4.6.8 Voicemail greetings shall contain the staff member's name the department or program name and an indication that by pressing "zero" the caller will be transferred to another staff member able to provide immediate assistance. 5.4.6.9 Voicemail messages shall be programmed so that when a caller presses "zero" the call is transferred to the department designated staff member. The designated staff member shall program their voicemail so that a call is transferred to the main City receptionist when the caller presses "zero". 5.4.6.10 If an extended absence is expected, including a scheduled 9180 day, an alternate secondary message shall be prepared. The length of the absence and the anticipated return to the office as well as the information included in the standard primary greeting shall be recorded in the alternate secondary outgoing message. 5.5 Prohibited Use of Voicemail 5.5.1 Voicemail messages that disrupt or threaten to disrupt the efficient operation of City business or administration are prohibited. This includes, but is not limited to: 5.5.1.1 Messages that publicize a personal dispute other than recording an approved grievance or complaint procedure. 5.5.1.2 Messages that constitute or counsel insubordination. 5.5.1.3 Messages that may threaten to harm close working relationships. 5.5.1.4 Messages that contain abusive or profane language. 5.5.1.5 Messages that may take employees away from their assigned tasks. -75- 5.5.1.6 Messages that include confidential City materials or information. 5.5.1.7 Messages that are sent anonymously or under a fictitious name. 5.5.2.1 Voicemail messages that violate law, violate individual rights, create potential liability for the City or that violate public policy of the State of California are Prohibited. These messages include, but are not limited to: 5.5.2.2 Messages which are pornographic or obscene. 5.5.2.3 Messages in conflict with the City's Harassment Policy or any other policy prohibiting discrimination, including harassment, on the basis of race, color, religion, sex, national origin, ancestry, age, physical disability, mental disability, medical condition, veteran status, marital status, sexual orientation, or any other status protected by local, state, or federal law. 5.5.2.4 Messages that involve the use of racial, religious, or ethnic slurs. 5.5.2.5 Messages intended to harass or annoy. Section 6. Workplace Substance Abuse Prevention Policy_: (Reference Administrative Policy P-9, Workplace Substance Abuse Prevention Policy) a. Purpose: The purpose of this policy is to provide guidelines for all employees to effectively deal with substance abuse and its effects in the workplace. Employees are expected to be in suitable mental and Physical condition, perform their jobs satisfactorily, and behave appropriately. Should the use of alcohol or drugs interfere with these expectations, employees may be offered rehabilitative assistance. Failure to meet these expectations could result in disciplinary action. b. Policy: it is the City's policy that employees shall not be under the influence of or in unlawful possession of alcohol or illegal drugs while on City property, at work locations, or while on duty; shall not -76- utilize such substances when they are assigned to be on call for duty; shall not possess, provide or sell illegal drugs to any other employee or to any person while on duty; nor have their ability to work impaired as a result of the use of alcohol or illegal drugs. While use of medically prescribed medications and drugs is not per se a violation of this policy, the employee must notify his or her supervisor, before beginning work, when taking medication or drugs (including the possible effects of taking such medication or drugs) which the employee believes may interfere with the safe and effective performance of duties or operation of equipment. In the event there are questions regarding an employee's ability to safely and effectively perform assigned duties while using such medication or drugs, clearance from their physician may be required. City employees are prohibited from drinking alcoholic beverages during working hours (including meal hours and breaks), while on City premises at any time, while driving a City vehicle during regular working hours, while on official City business. The consumption of alcohol by City employees may be allowed only at designated City facilities, during certain special City functions and with prior authorization by the City Manager, All City premises and City vehicles shall be subject to a random drug search(es) without notice at any time. Employees with drug or alcohol problems are encouraged to seek assistance. Seeking assistance for such a problem before a positive drug and alcohol test will not jeopardize an employee's job. C. Employee Responsibilities An employee must: Not report to work while "under the influence of drugs or alcohol"; NOTE: "Under the influence of drugs or alcohol" means: the use of any alcoholic beverage or any illegal drug or substance, or the misuse of any prescribed drug, in a manner and to a degree that impairs the employee's work performance or ability to use City property or equipment safely. 2. Notify his or her supervisor, before beginning work, when taking any medications or drugs, prescription or nonprescription, which may interfere with the safe and -77- effective performance of duties or operation of City equipment. 3. Not possess or use alcohol or impairing drugs (illegal drugs and prescription drugs without a prescription) during working hours, rest periods, or at anytime while on City property; 4. Not directly or through a third party sell or provide drugs or alcohol to any person, including any employee, while either employee or both employees are on duty; 5. Immediately complete and sign a consent form (see drug testing prerequisite) and submit to an alcohol and drug test when requested to do so by the employee's supervisor or manager. 6. Provide within 24 hours of request bona fide verification of a current valid prescription for any potentially impairing drug or medication identified when a drug screen/test is positive. The prescription must be in the employee's name. 7. Report any conviction under a criminal drug statute to the City Manager within five (5) days of such conviction. d. Procedure: When an employee's supervisor and a second employee or supervisor observe an employee's actions that lead them to reasonable suspicion to believe that an employee may be under the influence of alcohol and/or narcotics, that employee may be directed to a City designated medical evaluation. This medical evaluation will be conducted in order to determine if in fact that employee has evidence of alcohol and/or drugs in his or her system. Reasonable suspicion may be justified by one or a combination of any of the following indicators: Bloodshot or watery eyes Slurred speech Alcohol on breath Physical and/or verbal altercation Inability to walk a straight line An accident involving City property Possession of drugs or alcohol Frequent absenteeism Confusion/difficulty in concentration Noticeable change in behavior -78- If reasonable suspicion pertaining to the use of drugs and/or alcohol by an employee is determined during normal working hours, the following steps shall be followed to facilitate the medical evaluation process: Step 1: The supervisor shall contact the Human Resources Office at the earliest available opportunity to discuss the event(s) which led to a belief that an employee acted intoxicated or under the influence of drugs. At that time, it will be determined whether or not sufficient facts exist to indicate that drug or alcohol testing may be appropriate. The Human Resources Manager will make arrangements with the medical facility to conduct appropriate drug and/ or alcohol tests. The supervisor shall inform his or her department head of this situation. Refusal by an employee to submit immediately to an alcohol and/or drug analysis when directed to do so may constitute insubordination and may be grounds for discipline up to and including termination. The actual type of testing including possible urine or blood screens, will be determined by the physician. Step?: The supervisor, or his or her designee, shall personally drive the employee to the medical facility and wait for the test to be completed. Step 3: The employee will then be transported home or, in appropriate situations, to a hospital as deemed necessary by the doctor. The employee will continue receiving pay during this time and disciplinary action will not be administered unless the test results are positive and confirmed. Information obtained through this testing will be treated with strict confidentiality. Step 4: If the employee is found to have alcohol or drugs in his or her system, the supervisor shall meet with the employee to give the employee an opportunity to explain. The supervisor shall encourage the employee to seek professional assistance in dealing with any drug or alcohol problem. The employee's medical group may provide the needed drug/alcohol counseling. Also, the City can provide a referral for an employee who is seeking professional assistance in the matter. -79- Should an incident arise after normal work hours (i.e., overtime, official City business, etc.), the above procedures should be followed with the exception of contacting the Human Resources Office. The substance Abuse Prevention Policy of the City of Diamond Bar is not intended to be, and shall not be used as a tool for harassing any employee or group of employees. When employees are required to submit to testing for suspected substance abuse, it shall be only for good, proper, and reasonable cause. e. Documentation: Records pertaining to job performance, attendance, and behavior shall be maintained in the employee's personnel file. Records related to a drug or alcohol test or any medical diagnosis will be kept in a separate file. f. Disci ling Action: The City views the use, possession, transfer, or sale of alcohol or drugs in violation of this policy a very serious violation and may subject the employee to disciplinary action up to termination in accordance with Diamond Bar's Personnel Rules and Regulations. If an employee drug tests show a positive result of alcohol and/or drugs two (2) times in a twelve (12) month period, termination will result. g. Follow Up: Should the results of an employee drug test be positive, the following steps shall occur: The department director will have a discussion with Human Resources to determine the type of disciplinary action, if any, which would be most suitable or to evaluate an alternative to discipline. Should the results of the drug testing be negative: 1. The employee is free to return to the workplace and assume his or her regular job duties. 2. No further action will be taken. M Section 7. Policy Against Retaliation a. Policy: It is the policy of the City to prohibit the taking of any adverse employment action against those who in good faith report, oppose, or participate (as witnesses or accused) in investigations into complaints of alleged violations of City policy or state or Federal law. Disciplinary action, up to and including termination, will be taken against an employee or officer who is found to have violated this policy. Any elected official or contractor who violates this Policy Against Retaliation will be subject to appropriate sanctions. b. POlicY Coverage: This Policy Against Retaliation prohibits City officials, officers, employees, or contractors from retaliating against applicants, officers, officials, employees, or contractors because of any of the protected activity as defined herein. C. Definitions: 1 ) "Protected activity" includes any of the following: • Filing a complaint with a federal or state enforcement or administrative agency. • Participating in or cooperating with a federal or state enforcement agency that is conducting an investigation of the City regarding alleged unlawful activity. • Testifying as a party, witness, or accused regarding alleged unlawful activity. • Associating with another employee who is engaged in any of the protected activities enumerated here. • Making or filing an internal complaint with the City regarding alleged unlawful activity. • Providing informal notice to the City regarding alleged unlawful activity. 2) "Adverse action" includes any of the following: • Real or implied threats of intimidation to attempt or prevent an individual from reporting alleged wrongdoing or because of protected activity. • Refusing to hire an individual because of protected activity. • Denying promotion to an individual because of protected activity. • Taking any form of disciplinary action because of protected activity. -81- Issuing a poor evaluation because of protected activity. Extending a probationary period because of protected activity. Altering work schedules or work assignments because of protected activity. d. Complaint Procedure: An applicant, employee, officer, official, or contractor who feels he or she has been retaliated against in violation of this Policy should immediately report the conduct according to the City's Harassment Complaint procedure so that the complaint can be resolved fairly and quickly. City of Diamond Bar FY06-07 City Manager's Draft GF Budget City Council Study Session — 05/02/06 Revenues The current draft FY06-07 General Fund Budget estimates resources for the fiscal year of $20,182,310. Sales Tax and Sales Tax Compensation Fund — The Sales Tax Revenue estimates have been increased due to Target being operational for a portion of the year. Revenue from Other Agencies — This category of revenue has been abnormally high over the past two years due to a couple of factors. The City has exchanged Prop A — Transit funds for general fund revenues on three occasions. Another element of this has been the receipt of Federal funds for the construction of the Diamond Bar Center. The current budget includes no proposals to sell Prop A Transit Funds. Current Service Charges — Current Service Charges are higher due to the anticipated receipt of developer fees related to the Target center project and the Brookfield homes project. Appropriations The current draft FY 06-07 General Fund Budget estimates appropriations in the amount of $18,668,535. Personnel — A cost of living adjustment (COLA) to employee compensation of 4.5% has been included in the FY 2006107 draft budget. The COLA is based on the annual Consumer Price Index (CPI) percentage as issued by the Department of Labor, Bureau of Labor Consumer Price Index for Urban Wage Earners and Clerical Workers Los Angeles -Riverside -Orange Counties, California for the year ending in March 2006. Proposed Benefit Enhancements The City currently provides Life and Accidental Death and Dismemberment (ADD) insurance benefits in the amount of $50,000 for all benefit eligible employees and $10,000 for City Council Members. The proposed budget includes increased life and ADD insurance benefits. The benefit amount increases to $75,000 for eligible part-time and full time positions. The benefit amount increases to $150,000 for full-time exempt management positions and to $200,000 for full-time executive management positions. The total cost increase for this improved benefit is $4,020. City of Diamond Bar FY06-07 City Manager's Draft GF Budget City Council Study Session — 05/02/06 Page 2 Dental Insurance The City currently provides dental care insurance to benefit eligible employees. This coverage provides an annual maximum benefit amount of $1,000. An increase of the annual maximum benefit amount of $2,000 has been included in the FY 2006107 proposed budget. The annual cost for this dental insurance improvement is $4,500. Auto Allowance The City currently provides a monthly automobile allowance to City Council, City Manager, and Executive Management. The proposed budget includes the following changes: City Council from $250/month to $300/month Executive Management from $150/month to $250/month Exempt Management a new allowance of $120/month The cost of these increases is $17,400. Since the City Manager's auto allowance is covered separately under her contract no change in her auto allowance has been included. Benefit Allotment: The City currently provides a monthly benefit allotment of $820 for full-time non- exempt staff and $850 for full-time exempt staff and City Council Members. An increase of $50 to the monthly benefit allotment has been included in the FY 2006107 budget at a total cost of $33,400. In recent years the City Council has approved an increase of $25 to the monthly benefit allotment, with the exception of 2001 when the benefit allotment was increased by $25 then by an additional $20 in another action. Since 2003 health insurance premiums have increased by an average of 41.3% while the monthly benefit allotment has increased by 12.98%. The City has not yet received the 2007 Health Care rates, however it is anticipated that the costs will continue to rise. Decision Packages — There are a variety of Decision Packages currently being considered and evaluated for FY06-07. These have not been included at this time. Section 1. RULE I PURPOSE AND DEFINITIGN APPLICATION PURPOSE The purpose of these rules is to facilitate efficient and economical services to the public and to establish lawful procedures for dealing with personnel matters. Unless amended by a subsequent Resolution of the City Council the Rules and Regulations set forth herein and the Personnel Ordinance shall govern the Personnel System for the City of Diamond Bar. Section 2. Application: These rules apply to all employees of the City of Diamond Bar unless a specific rule or procedure indicates otherwise. Section 3. No Contract Created: These rules do not create any contract of employment, express or implied, or any right in the nature for a contract. e , benefits and prehihimtiens iihleh are plaeed ---en all efFT6•1eyee s- o f the —Eefapet=i�ve-Se r i ee o f the Gity--e f n QMM IM M == - NO -- - ---- - - -- - - - - I Rule II DEFINITION OF TERMS DEFINITION OF TERMS RM Unless the context indicates otherwise the following terms, whenever used in these rules, shall be defined as follows: Section 1. Advancement: A salary increase within the limits of the pay range established for ,ppl4mea le the class. Section 2. Allocation: The assignment of a single position to its proper class in accordance with the duties performed, and— the: authority and responsibilities exercised. Section 3. Appointing Authority : The their indiv-ielual—eapaeities, elF as a beard, eefftmis ii , sem Eeuneil, have the -final authegity t -c -make the appe}Rtment—te the—pesitien t e be fil.person having the authority to appoint or remove a person from City employment. This is the City Manager unless delegated to another employee or officer. Section 4. At -Will: All positions outside of the competitive service. Employees in at -will positions may be terminated at any time at the will of the City or the employee, without cause, and without the right of appeal. At -will positions are set forth in Personnel Ordinance 03 (2005) and include: City Manager, Assistant City Manager, Community Development Director, Community Services Director, City Engineer/Public Works Director, Finance Director, Information Systems Director, department heads, Council appointed officers, seasonal part time employees, intermittent part time employees, emergency employees and any employee scheduled to work less than 1,040 hours per year. Section 5. Bilingual Premium Pay Differential: A percentage of pay which will compensate the qualified employee for providing non-English language services as an essential part of his or her job. Section 6. City Manager's Designee: The person assigned to the Human Resources function (Human Resources Manager or Assistant City Manager). Section 47. Class: All positions sufficiently similar in duties, authority, responsibility, and working conditions to permit grouping under a common title and the application with equity of common standards of selection, transfer, promotion and salary. Section -58. Competitive Service: All positions of employment in the service of the City except those excluded by T -he Personnel 2 Ordinance 03 (2005; City Manager, Assistant City Manager, Community Development Director, Community Services Director, City Engineer/Public Works Director, Finance Director, Information Systems Director, department heads, Council appointed officers, seasonal part time employees, intermittent part time employees, emergency employees and any employee scheduled to work less than 1,040 hours per year. Section -&9. Demotion: The movement of an employee from one class to another class having a lower maximum rate of payer. T-a-t-ea . A demotion may be voluntary or involuntary. Section 10. Domestic Partner: A domestic partnership is legally established in California when all of the following requirements are met; both persons file a Declaration of Domestic Partnership with the Secretary of State; both persons have a common residence; neither person is married to someone else or is a member of another domestic partnership with someone else that has not been terminated, dissolved, or adjudged a nullity; two persons are not related by blood in a way that would prevent them from being married to each other in another state; both persons are at least 18 years of age; either of the following: (a) both persons are members of the same sex; or (b) one or both of the persons are over the age of 62, and meet certain eligibility criteria pursuant to the Social Security Act; and both persons are capable of consenting to the domestic partnership. Section 4 11. Eligible; When used as a noun, means a person whose name is on an employment list. t -he e-anay reeefmend that 3ueh—pewe-r-�� eentraet aspr-ek-ided by The Fersenne! erd4 Section 1312. Employment Eligibility_ List: A list of names of persons who have taken an open -competitive examination for a class in the competitive service and have qualified. 3 Section -1413. Examinations: (a) Assefflbled eXafHiRatien- An examinatien~eendueted at a -=ifled—tom tee -ane lae•e-at wn-jeh applieants ar-_ f applieants witheut the neeessity--fe thel (ea) Open -competitive examination: An examination for a particular class which is open to all persons meeting the qualifications for the class. (db) Promotional examination: An examination for a particular class, admission to the examination being limited to peTAia-R� employees ' identified by the appointing authority. (ec) Continuous examination: An open -competitive examination which is administered periodically and as a result of which names are placed on an employment list, in order of final scores, for a period of not more than one (1) year. , if Section 14. Exempt: An employee not entitled to overtime compensation under the Fair Labor Standards Act. Section 15. Job Classifications: For the purposes of the City's Personnel System, each position title shall correspond to a job classification number as reflected in the job classification and salary resolution. (a) Executive Management: Executive Management Positions are classified as exempt and at - will. Executive Management positions are in Job Classification Range 2900-3900. (b) Full-time Exempt management: Various emeeutivev administrativt, an professional management positions exempt from overtime requirements. These positions are also known as Division Managers and are in Job Classification Range 2000-2899. j- Full-time Nen—Exempt: Various executive, administrative, and professional positions exempt from overtime requirements. Full - 4 time exempt positions are in Job Classification Range 4QQ4_1xj" 1600- 1999.aub feet ye�time we ek. (d) Full-time Non-Exem t: Positions in Job Classification Range 1000-1599 subject to overtime requirements and working 40 hours per week. (e) Hourly Benefited: Positions in Job Classification Range 900-999 also known as regular part-time or part time working twelve (12) months per year and an average Of twenty (20) or more hours per week on a year-round basis. Benefits are provided tc regular part time employees (hired befere Geteber 19- 2005) on a pro -rated basis. At will part t Geteber 18. 2005) reeeive as benefits (f) Hourly Non -benefited: At -will positions in Job Classification Range 500-899 also known as either seasonal or intermittent part- time. These employees are sometimes referred to as temporary. a. Seasonal Part-time: A position utilized up to 40 hours per week on a seasonal or partial year basis, but not more than 1000 hours per fiscal year. If an employee identified as seasonal part time works more than 1000 hours in a fiscal year he or she does not acquire regular employee status. b. Intermittent Part-time: An intermittent position is utilized an average of 19.5 hours or less per week and no more than 1000 hours per fiscal year. If an employee identified as intermittent part-time works more than 1000 hours in a fiscal year he or she does not acquire regular employee status. Section 16. Layoff: The involuntary separation of a regular status employee or reduction to a position in a lower classification because the position is no longer needed. 5 Section -1417. Personnel Ordinance: Ordinance Number LI 03 "(4:989) (2005) of the City of Diamond Bar, as the same —exists_as a the late ef th Rules, or as amended from time to time thereafter. Section 4418. Probationary Period: A working test period during which an employee is required to demonstrate his74 or her fitness for the duties to which he or she is appointed by actual performance of the duties of the position. The probationary period, or initial period of employment is considered a part of the examination process and shall be utilized for closely observing the employee's work to determine the employee's fitness for the position. Section 3r519. Promotion: The movement of an employee from one class to another class having a higher maximum rate of pay and different job duties from the previous class. Section 97620. Provisional Appointment: A temporary appointment of a person who possesses the minimum qualifications established for a particular class, and who has been appointed to a position in that class in the absence of available eligibles. This is sometimes referred to as an interim appointment. Section 1721. Reclassification: The change of a position from one class to another deemed ffiere )Pr-ePIAate_4Fi terEts,at Eldties, u ''=tom;—esgensblit as a result of the gradual accretion or reduction of duties and/or responsibilities over time. Section 22. Regular Employee: An employee in the competitive service who has successfully completed his or her probationary period and has been retained as an employee. Section 23. Regular Part-time Employee• An employee in the competive service who has successfully completed his or her probationary period and is eligible for pro -rated benefits. Sometimes referred to hourly benefited. Section -1424. Rejection: The separation of an employee from employment during the probationary period or examination process. Section 2-125. Reinstatement: The re-employment, without examination, of a former pe'5 a� . regular employee. 11 Section 26. Tem orar Em to ee: An at -will employee who has been appointed to a full time or part time position of limited duration. Section -,� 27. Transfer: A change of an employee from one position to another position in the same class or another class having the same maximum salary limits, ma)4RH±ffl salary , involving the performance of similar duties and responsibilities and requiring subst,ntja� the same qualifications. ~4� Section 28. X -Rate: When an employee is moved to a different class with a lower salary range, the employee will retain his/her current salary until the salary of the new class has a maximum salary rate which is equal to or higher than the current salary. 7 RULE 14 III GENERAL PROVISIONS Section 1. Fair B%ple�"entz—Ne–efdestien in o affil a" Discrimination Prohibited: 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, taking of Family Medical Leave Act (FMLA) or preagnancy disability leave, religious Creed, medical condition, or any other characteristic protected by law. Section 2. Ne otism Prohibited: aet ien7-. a. Relatives of those listed below may not be employed anywhere in the City organization: 1. City Council members; 2. Standing Board and Commission members; 3. Management Team Members of the City; Department; er- 4. Department Directors 5. Division Managers b. The employment of a relative within a department is prohibited when they: 1. Perform joint duties; 2. Share responsibility or authority; 3. Function in the same chain of command; and 4. work on the same shift at the same work site. c. For business reasons of supervision, safety, security or morale, the City may refuse to place one both spouse or domestic 8 partner under the direct supervision of the other spouse or domestic partner. d. For business reasons of supervision, safety, security or morale, the City may refuse to place both spouses or domestic partners in the same department, division, or facility if the work involves potential conflicts of interest or other hazards greater for married couples than other persons. e. "Relative" means child, stepchild, parent, grandparent, grandchild, brother, sister, half-brother, half-sister, aunt, uncle, niece, nephew, parent -in-law, brother-in-law, sister- in-law, domestic partner, or other individual related by blood or marriage. f. "Employee" means any person who receives a City paycheck for services rendered to the City. g. For business reasons, these sections shall be enforced to address the marriage or domestic partnership of employees in the City's employment, within six (6) months of said marriage or the establishment of the domestic partnership. h. Exceptions to this section may be made by the City Manager. in unusual eil-cuffistaRees wheEe the a eneer�t�— add �e s sed bizhis—�e� i are net imp Any appeal of the enforcement of this section shall be to the City Manager. Section 3. Political Activity Prohibited: City employees shall not engage in political activities in violation of Government Code section 3201 et seq. No one employed by the City may engage in Political activities on City premises, while engaged in official duties, using City equipment, or wearing an official City uniform. Section 4. Outside Employment: No employee may hold outside employment that is incompatible with his or her City employment; including positions which constitute contracted services to the City. Each regular employee who holds any other position in addition to City employment shall complete a Request for Approval of Additional Employment form and return it to the d pa_r_hmenti� Department Director or Division Manager for C signature and then to the City Manager for approval. The approval of outside employment must be renewed each January. Employees who accept new outside employment will be expected to submit the form at the time of employemnt. Section 5. Multiple Positons Held: Employees who hold more than one position with the City must complete a Request for Approval of Additional Employment form. Section 6. Employee Duties: Employees are required to carry out the primary duties and responsibilities of their employment. Section 7. Violation of Rules: Violation of the provisions of these rules shall be gounds for disciplinary action. Section 48. Amendment and Revision of Rules: Amendments and revisions of these rules am-�Y must be n g„Tctca recommended by the PeFeennel- Offieer City Manager and approved by t -e the City Council. by—U:ke is RULE 1-1-1- IV CLASSIFICATION SQL I ela�i€iea is f-pian€er- suehjasBitiens. The =lass f' -atie - plan •she!!—eansist of elassesr-ei j9eB!tiei7i9 in the eefFipetiti-�fe e class, as statefRent ef the training, experienee and ether -in��-Iudedwithin the same elass, and th_ eeiditiens to allpesitions in }ham sam Section 1. Classification Plan: The City of Diamond Bar has established a classification plan. The plan consists of classes of positions in the City service defined by class specifications, including title, definition of the position, supervision received and exercised, a description of the duties and responsibilities of positions in each class, and the training, experience, and other qualifications to be required of applicants for positions in each class. The classification plan is maintained so that all positions substantially similar with respect to duties, responsibilities, authority, and character of work are included within the same class and allocated to the same schedules of compensation. Section 2. Adoption, Amendment and Revision of Plan: The classification plan shall may be adepted and may be amended from time to time by resolution of the City Council. Amendments and revisions of the plan shall be submitted approved by the City Council. by the Personnel effieer. £ee_ s�3 ieatreneslan, the Per-sennel Cffieer shall—alleeate every pe'Sitien in the eempelitive serviee to ene e€ the elare-sems esrablAshed by the -pa -a -i 11 Section 3. New Positions: when a new position is created and the position is filled the classification plan must be amended and an employment eligibility list established, before an appointment is made, unless the position is filled by a promotional appointment. OF t tic. RLe-eiassiri eat ie al 1 -Abe -used fer the pt�jae s e e € aveiding Section 4. Classification Studies: Classification studies shall be conducted as recommended by the Department Bead Director and approved by the City Manager in order to determine if the duties and responsibilities of the position have changed materially, have become inequitably aligned in relation to other positions within the City service, or are otherwise incorrectly designated. Upon receiving approval from the City Manager, a classification study shall be conducted and the position may be reclassified to a more appropriate class, whether new or already created, at a higher or lower maximum salary level. After conducting a classification analysis of the position(s) authorized for study, the City Manager will recommend classification changes, if any, to the City Council for approval. Section -&-. 5. Qualifying Examination: A reclassification with a title change that results in a salary increase above the old classification e€-a�6 least twe sales shall may require of the incumbent a qualifying examination to determine whether or not the incumbent possesses the minimum qualifications for the new class. The method for the qualifying examination shall be determined by the Persenne Gff m" appointing authority. An incumbent proposed for a 12 I NO WIN 511. 11111111-7 I V Section 4. Classification Studies: Classification studies shall be conducted as recommended by the Department Bead Director and approved by the City Manager in order to determine if the duties and responsibilities of the position have changed materially, have become inequitably aligned in relation to other positions within the City service, or are otherwise incorrectly designated. Upon receiving approval from the City Manager, a classification study shall be conducted and the position may be reclassified to a more appropriate class, whether new or already created, at a higher or lower maximum salary level. After conducting a classification analysis of the position(s) authorized for study, the City Manager will recommend classification changes, if any, to the City Council for approval. Section -&-. 5. Qualifying Examination: A reclassification with a title change that results in a salary increase above the old classification e€-a�6 least twe sales shall may require of the incumbent a qualifying examination to determine whether or not the incumbent possesses the minimum qualifications for the new class. The method for the qualifying examination shall be determined by the Persenne Gff m" appointing authority. An incumbent proposed for a 12 reclassification who does not pass the qualifying examination shall retain his or her original title and class until such time as he/she does pass the qualifying examination. An employee whose position is being reclassified upward and who has previously passed malar the examination for the position within the last two years—,and whose name appears on an employment eligibility list for such a positionT need not take a qualifying examination. Section 4 6. Y -Rate: When a reclassification results in a lower maximum rate of pay for the incumbent, the incumbent shall be "Y - Rated" at the salary level he/she has earned up to that time. the a wined rate, 13 RULE 3-V V COMPENSATION Section 1. Compensation Plan_: The City has established a pay plan covering all classes of positions in the City service, showing the minimum and maximum rates of pay. Section 2. Amendment of Plan: The compensation plan may be amended from time to time by action of the City Council. Section 3. Salary upon Initial Hire: Department Heads Directors or Division Managers shall have the discretion to place the employee at the A, 8, or C step of the salary range of the classification into which the employee is hired. All employees placed at any step beyond the C step of the salary range of the classification into which the employee is hired will be at the discretion of the City Manager. Section 4. Merit Step Advancement: After six twelve months employment as a probationer and each year thereafter, an employee is eligible to advance to the next salary step if their his or her performance evaluation shows performance of satisfactory or above and advancement is approved by the Department head Director or Division Manager. A step increase may be given before the successful completion of the probationary period at the City Manager's discretion. Section 5. Merit Step Advancement for Intermittent and Seasonal Part-time EmploZees: After one year of employment consisting of a minimum of five hundred (500) hours an employee is eligible to advance to the next step if their 14 his or her performance evaluation shows performance of satisfactory or above and advancement is approved by the Department dead Director or Division Manager. An employee is eligible for a step increase on his or her second anniversary of his or her hire date or last step increase if he or she has not worked 500 hours since his or her hire date or the date of his or her last step increase. Section 6. Merit Step Increase if Evaluation is Untimely: If the employee is eligible for a step increase and an evaluation has not been completed, when the evaluation is completed, if it is satisfactory or above, the employee will receive the increase retroactively. Performance evaluations and Annual Work Plans will be tracked by the Human Resources Division. A step increase pending a performance evaluation may be given at the discretion of the City Manager. Section 7. Amount of Merit Step Adjustments: Merit step adjustments are in approximately five percent (5%) increments to the maximum of the salary range. An employee may be given multiple step increases, not to exceed two at any one time at the recommendation of the Department Director or Division Manager and at the discretion of the City Manager. Section 8. Merit Step for Employees on heave: Eligibility for the merit step advancement may be extended for an employee on an approved leave of absence until the employee has completed the appropriate length of service. Section 9. Effective Date of Increase: Merit increases shall be effective the first day of the pay period following the approved effective date. Section 10. Salary on Promotion: An employee promoted to a classification having a greater maximum salary will be placed on the lowest step of the new range that results in not less than a five percent (5%) increase above the employee's current regular salary. Upon recommendation of the Department head Director and approval of the City Manager, the employee may be placed at a higher step. Section 11. Salary on Demotion: An employee who is demoted will be placed within the salary range for the class into which demoted. The salary will be set at the step which is lower and closest to the salary the employee was receiving before the demotion. Section 12. Salary on Reclassification: An employee who is reclassified will receive the salary set forth below. a. If reclassified to a classification with the same salary range, the salary will not change. b. If reclassified to a classification with a higher salary range, the salary will be determined in the same manner as a promotion. 15 C. If reclassified to a classification with a lower salary range, the employee will be P- rated. Section 13. Pay Periods: The compensation to all officers and employees of the City shall be paid biweekly. War -rant -s -T Checks or electronic transfers in payment for compensation will be made available by the City to employees and officers of the City on the Friday succeeding the close of the pay period. In the event that pay day falls on a holiday payment will be made on the last work day preceding the holiday. Section 14. Bilingual Pay: Employees who are requested by the City to use bilingual skills during their scheduled work hours on a recurring basis to further the business interests of the City shall receive a bilingual premium pay differential in addition to their regular pay. The Bilingual Premium Pay Differential is a-pereent,age of pay y hieh will Egli h large—saEvie`ea as a—partof their- Jeb-.- (Reference: Administrative Policy P-9; Bilingual Pay Policy.) Section 15. Overtime: a. As a matter of general policy, the City does not permit employees to work overtime and will provide adequate staff to handle normal operations. However, non-exempt employees may be required to work overtime at the discretion of the Department mead Director or Division Manager. b. Overtime for non-exempt employees is defined as hours assigned to be worked and actually worked in excess of forty (40) hours actually worked in the designated work week. Paid leave should count as heure werked. C. Non-exempt employees working overtime when not expressly authorized to do so, shall, to the extent authorized by law, not be compensated therefore and shall be subject to discipline. d. Overtime assigned and worked by non-exempt employees shall be compensated at time and one half their regular rate of pay. The employee may request, and the Department mead Director or Division Manager shall have the unrestricted discretion to approve or not approve, compensation in the form of accrued compensatory time at time and one-half pay, except an employee may not accrue more than forty (40) hours compensatory time at any time. 16 e. if a non-exempt employee is required to work on an observed holiday beyond the regular forty (40) hour work week, he or she shall be entitled to pay at the rate of ene and one half (1%). two (2)times the regular rate of pay. f. Employees who are exempt from the Fair Labor Standards Act (FLSA) are compensated on a salary basis and are not eligible for overtime. (Reference: Administrative Policy P-2; Overtime Policies and Procedures) Section 16. Call Out pay: Non-exempt full time and part time employees will be paid a minimum of two (2) hours pay if called out to respond to a City emergency. Call out occurs when an employee is ordered to return to duty on a non -regularly scheduled work shift. Call out does not occur when an employee is held over from his/her prior shift or is working prior to his/her regularly scheduled shift. Section 17. Acting Pay: An employee who is provisionally appointed to an acting or interim position that is in a higher salary range than that of the class in which the employee is normally assigned shall receive acting compensation. a. Acting pay shall be provided only for appointments with duration greater than twenty- one (21) consecutive calendar days and shall be retroactive to the effective date of the acting appointment and continue until completion of appointment. b. Such acting appointments shall be made in writing by the City Manager with a copy to the Human Resources Division. d. Compensation shall be at the entrance salary step of the higher range or the step within the higher salary range, which would provide a minimum of five percent (5%) higher than the employee receives, whichever is greater. Section 18. Cost of Living Adjustment (COLA): At the adoption of the City's annual budget, a request by the City Manager may be made to the City Council to provide a cost of living adjustment to the City's employees' compensation. The COLA is the annual Consumer Price index (CPI) percentage as issued by the Department of Labor, Bureau of Labor Consumer Price Index for Urban Wage Earners and Clerical Workers Los Angeles - Riverside -Orange Counties, California for year ending in March of the current year. The City Council has the sole discretion to adopt or modify the request at any time. 17 RULE VI HOURS OF WORK City employees may be assigned to work eight (8) hours a day five (5) days a week or assigned to the 9/80 flex pian under which they will work eighty (80) hours in a nine (9) day period. Section 1. The 9/80 Plan: Generally employees work nine (9) hours Monday through Thursday and eight (8) hours every other Friday, exclusive of lune meal period or nine (9) hours Tuesday through Friday and eight (8) hours every other Monday. Section 2. Five Day Work Week: Generally employees work eight (8) hours per day Monday through Friday, exclusive of luaeh meal period. Section 3. Alternate Work Schedule: Employees may be assigned to work days or hours other than those set forth in Section 1 or Section 2. Section 4. Work Week Defined: The work period or work week will begin at 12:01 p.m. on Friday and end the following Friday at 12:00 noon for all full time employees working under the 9/80 work schedule if the employee is scheduled to be off every other Friday. If the employee is scheduled to be off every other Monday, the work period will begin at 12:01 p.m. on Monday and end the following Monday at 12:00 noon. For employees working five (5) days a week, the work week or work period means, a consecutive, seven (7) day period that begins at 12:01 a.m. on Sunday and ends at 11:59 12:00 p.m. on Saturday. Section 5. Work Week Schedule Change: The City may change the work week when public necessity or convenience so requires. Section 6. Request to Change Schedule: Employees, for whom personal necessity requires a different schedule than above, may make a request for the alternate schedule to the Department Rea d Director or Division Manager. If the Department mead Director or Division Manager agrees with the request, the request will be submitted to the City Manager for final approval. Alternate schedules must begin no earlier than 7:00 a.m. and end no later than 6:00 p.m. and will not include a shorter meal period than below. Section 7. Meal Period: Meal periods are non -paid and non -working time and shall be one hour for all full time employees. Every effort will be made to schedule such meal period during the middle of the shift. 18 RULE V VII APPLICATIONS AND APPLICANTS Section 1. Announcement: All examinations for classes in the competitive service shall be publicized by posting announcements in t4i-e City Hall, on official bulletin boards, a-nd or by such other means as the ,,,......,..Rne Gffieer- City deems advisable. The announcements shall specify the title and pay of the class for which the examination is announced, ,,the natures duties and responsibilities of the work to be performed; desirable-€er theper€ermanee of the werk of the elass; minimum requirements established, the manner of making application, T. and other pertinent information. Section 2. Application: Applications shall be made as prescribed on the examination announcement. Application forms shall require information covering training, experience, and other pertinent information,-. and may iRel�ide-ee-rti€ieates of ene er stere examining physieians, referenees and . All applications must be signed by the person applying. Section 3. Disqualification: The Persenne' Gffle City Manager's designee shall may reject any application which indicates on its .face that the applicant does not possess the minimum qualifications required for the position or for any material cause which, in the judgment of the City Manager's designee would render the applicant unsuitable for the position. De€'eetive-app•lieatiens Rtay returned-te the applieant with net e te-fttend-t the previded-the -tifte-limit €er applieatle . Falsification of any information presented on the employment application shall be grounds for rejection/disqualification from the recruitment and/or termination from employment, if applicant is appointed to the position. 19 RULE V- VITT EXAMINATIONS Section 1. Types of Examinations: The selection techniques used in the examination process shall measure the knowledge and abilities of the applicants to execute the duties and responsibilities of the class to which they seek to be appointed. ems€ esW tsa Examinations shall consist of selection techniques which will test fairly the qualifications of candidates. spas, bet net f raehieveffient and aptitudetests, ether - written -teats�er-sena!-inter-Aevrs, per€er•fRanee tosts, hysaea- Samples, fnedieal tests, 4:ests- The City Manager, or designee may select the appropriate examination(s) to be utilized in the selection process. Ee�e ,ter-ehw-41-1 test fterlythe ee (a) Speei�— This part shall eanstitute that Pertien ef the exam natien h epi -dem with the and ff�ust be designed 16-e test the ability ef an inelividual te perferff� said "t-i (b) Edueatienal: This part fR-11 r , et the pesitien and advaneement- in the serviee-. shall eeRslst ef a Statement ef a!! past aeti-eities that ,.vuld tend to fit wee €er the pesitiensthey , Se._._ r jeart of (4) Phyeieal-ems. M d a Trsieal e Faedieal exafainatien y- be reqaired ef any applieant and fn:ust be given when se stated in the elaasi€ieatiensehedule . 20 y Section 4.2. Promotional Examinations: Pr--en;otieRal eiEamina tiens RiaY be eendueted whenever, in the epinien of the Personnel e beir-manent empleyees in the eeffipet Live—serviee—and—mom t— pessess t-he—fninimufa Taallfieatiens as set-s4�t�e r - speeifieatieng ofthe —elass to whieh i9r, metiem s—ss k3 All candidates for promotion must meet the minimum qualifications identified by the appointing authority. The appointing authority will determine whether the examination is open competitive or a promotional appointment. Section 4.3. Continuous Examinations: Open -competitive examinations may be administered periodically for a single class as the needs of the service require. Names shall be placed on employment lists, in order of final scores, for a period of not more than one (1) year, unless extended by the City Manager's designee. and shall remit on sueh Section 9-)-.4. Conduct of Examinations:The Personnel Gff eer City Manager's designee shall will determine the manner and methods and by whom examinations shall be prepared and administered. The f -e -r- respensii@41ity for preparing and adfninist�er-in I?ersennel effleer shall arrange for the use of saeh buildings and equipffient as are deeffied neeessar-y for the eenduet of (nEaminatiens. - - ° - - - - _— -•iii = - - - - _ ���� - - _ - - W WO 21 Section 4.2. Promotional Examinations: Pr--en;otieRal eiEamina tiens RiaY be eendueted whenever, in the epinien of the Personnel e beir-manent empleyees in the eeffipet Live—serviee—and—mom t— pessess t-he—fninimufa Taallfieatiens as set-s4�t�e r - speeifieatieng ofthe —elass to whieh i9r, metiem s—ss k3 All candidates for promotion must meet the minimum qualifications identified by the appointing authority. The appointing authority will determine whether the examination is open competitive or a promotional appointment. Section 4.3. Continuous Examinations: Open -competitive examinations may be administered periodically for a single class as the needs of the service require. Names shall be placed on employment lists, in order of final scores, for a period of not more than one (1) year, unless extended by the City Manager's designee. and shall remit on sueh Section 9-)-.4. Conduct of Examinations:The Personnel Gff eer City Manager's designee shall will determine the manner and methods and by whom examinations shall be prepared and administered. The f -e -r- respensii@41ity for preparing and adfninist�er-in I?ersennel effleer shall arrange for the use of saeh buildings and equipffient as are deeffied neeessar-y for the eenduet of (nEaminatiens. - - ° - - - - _— -•iii = - - - - _ ���� - - _ - - W WO 21 Section 5.Reasonable Accommodation in Testing: Should an otherwise qualified applicant who is disabled request a reasonable accommodation for any part of the testing process the City may modify the process to reduce or eliminate the testing barrier. Section 6.Post Offer Physical Examinations and Background Investigations: As a condition of an offer of City employment all candidates must successfully pass a post -offer physical and substance abuse examination and are subject to fingerprinting and a background investigation. Candidates being considered for employment will be sent to a City authorized physician at the City's expense. Section 7.Immigration Reform and Control Act of 1986: In compliance with the Immigration Reform and Control Act of 1986, all new employees must verify identity and entitlement to work in the United States by providing required documentation. Section 4.8. Notification of Selection Process Results: Each person competing in an employment selection process shall be given notice of placement or non -placement on the employment eligibility list. the final rating and relative standing en eligible list er- e€ failure to ebtain a plaee—en the list. a pe`rred-ef Iire-speeifle the Per-serste1 effreer, but - fl-�e (5) days €elluting thepast-inar-ke t;e feE seeh netiee�,- 22 RULE irk IX EMPLOYMENT ELIGIBILITY LISTS Section 1. Employment Eligibility Lists: As soon as possible after the completion of an examination, the Pea-- enne1 G ff _..- City Manager's Designee shall will prepare and keep available, an employment eligibility list consisting of the names of applicants who qualified in the examination, arranged alphabetically. and qualified by an open eempetitive pesitien. -(b) Premetienal. A list efpersons — having —full —time r-eguiaE prebationary, er part time reg -alar statue who have qualifled in a City speeified riesi tirate Section 2. Duration of Lists: Employment eligibility lists, other than those resultin from a continuous examination, shall remain in effect for one (1) year, unless exhausted sooner, and may be extended, or abolished, prior to their expiration dates, by action of the Per-senfte Gff eer City Manager's Designee, €er additi,enaip=_'_='_, but in no event shall an employment eligibility list remain in effect for more than two (2) years. F exam�natiens shall remain in-effeet fer net mere than ene year after the last aelministra tien ef— the —examinatien unless — r' glial!—remain en the list fems net mere than ene year. Section 3. Removal of Nafftes Applicants from Lists: The name of any person appearing on an employment eligibility list r -e efFtaleyment, er p effietienallist shall be removed by the Persennel-- Offieer City Manager's Designee if the person eligible requests in writing that his or her name be removed, fails to respond to a notice ef- eertif e tie mailed to his or her last known address, or has been certified for appointment three=tim and has not been appointed. eligibility lists whe resign frem the serviee shall aiutemat4-f--� be drepped—€rem suehliste. Section 4. Use of Employment Eligibility Lists: A vacant position may be filled by the appointment of a person whose name 23 is on an employment eligibility list for the same position or a position in the same classification. 24 RULE V!!I• X METHOD OF FILLING VACANCIES Section 1. 'hypes of Appointment: Except as otherwise provided herein, all vacancies in the competitive service shall be filled by reemployment, transfer, voluntary demotion, promotion, or from eligibles certified by the PeEsennel effieer City Manager's Designee from an appropriate employment eligibility list. No list shallhave prierity ever- any ethe- - list. Section 2. Notice to Perse.-.Re ^FF'eer Human Resources: Whenever a vacancy ice#—tiie eempetitiye seryiee is to be f l , e a occurs, the Department Head Director or Division Manager shall __etify tz;hem Persenne eff submit a request to the City Manager's designee for authorization to fill the position. The ice-sen,nel _--_--- City Manager's designee shall advise the Department mead Director or Division Manager as to the availability of fees candidates from re-employment lists, requests for transfer, or demetie et eligible candidates on an employment or premetienal eligibility list. The City Manager's designee may hold a new examination and establish a new employment eligibility list, if requested. fer re empleyment, shall indieate whether it is elesired te fill the vaeaney by re effq3leymeRt, premettural—eEem$leyment lice preferred. The sen..e, i e S,,-4zien 4. order of Certifieatien. Whenever eertif-ieatie- t-e--b�R 'tee, emp leymen lists shall be used in tie F e l,. i J a,r-iee—empleyment list, list. whenever there are fewer than three naffies en a prefnetlenal Pe�Fsennel effieer te establish a new list. When so requested, the P l effieer may hold -a new examinatien and establish a new empley menzlist. Section §.3. Appointment: After interview, _tie. , and ____estig t: , the appeinting pewer Department Head Director or Division Manager shall request recommend an appeintme employment offer to be made by the Personnel eff eer City Manager's Designee. The n____nne'- Offieer City Manager's Designee shall thereupon notify the person of the effer conditional e€ offer of appointment, subject to passing a-171- a required medical examination—and all background investigations. 25 Section 4. Veterans Preference: If candidates are identically qualified for appointment, the appointment will be offered to the candidate who is a veteran. Section 5.Tem2orary Assignments: Employees may be temporarily assigned higher or lower duties without a change in pay. Such action shall not be deemed as a transfer, demotion, promotion, or reclassification. In all cases where periodic or regular variations in assignments occur because of seasonal needs, the temporary change of duties or a change of the work schedule, of such variations shall be considered as incidental to the position. Section 6.Extended Assignment to Vacant Higher Position: Employees assigned to perform duties in a vacant higher level regular position in excess of twenty- one (21) consecutive calendar days as authorized by the City Council shall be entitled to a salary rate increase to the higher level for the time actually worked in the assignment. (See Rule V, Section 17, Acting Pay.) The duration of such assignment to a vacant higher position shall not exceed one (1) year. It is the responsibility of the Department Head Director or Division Manager to request such salary rate increase to the City Manager's Designee for approval. Section 7.Vacancies Outside the Competitive Service: Vacancies outside the competitive service (e.g., executive positions, seasonal part time, intermittent part time) will be filled by a process deemed appropriate by the City Manager's designee. 26 RULE 3-X XI PROBATIONARY PERIOD Section 1. ReefalafAppeintment Fel ew-1 R Probationary Period: All may, by—reselutien, establish a lenger prebatienary per _d f== spee-i€iedelasses, aeeerding—to-elass of pesitien,prrer to the— , then the appointing a:utherity shall file with the Persenne! Offieer, a wr±tt,en Perferfaenee Rvaluatien to saeh effeett and stating th- t-he retentien of soh empieyee in the serviee is desired. if siateb a written --Per€erm aluatien is - net —filed, the effr, eyee will be—deemed ehall be rejeeted by tie-Persenne! Gf€ieer. Upon the initial and rr_.___ic-_R1 appointment to a position in the competitive service an employee must serve a probationary ,period of one year of actual and continuous service. Upon a promotional appointment to a position in the competitive service an employee must serve a probationary period of sic months of actual and continuous service. Periods of time on paid on paid or unpaid leave excluding five (5) days (consecutive or not) automatically extends the probationary period by the number of days the employee is on leave. The City Council may, by resolution, establish a longer probation period for a specified class prior to the time of appointment. Section 2. Gbj __taY=t_Y�c Purpose of Probationary Period: T -lie During the probationary period, the supervisor shall review, examine, and monitor the conduct, capacity, efficiency, skill, responsibility, integrity, and effectiveness of an employee to determine whether the employee is fully qualified for employment in the classification and position to which the employee has been appointed. 27 Seetien 4. rej.eete.-] ,d„ it r,� v, Section 3. Extension of Probationary Period: The probationary period may be extended by the Department Head Director or Division Manager for a period up to six (6) months by written notice to the employee prior to the expiration of the original probationary period. Section 4. Reduction of Probationary Period: The probationary period may be shortened by the authoriy of the City Manager. Section 5. Rejection During Probation: At any time during the probationary period an employee may be rejected from employment without cause and without right of appeal. Section 6.Rejection During Probation From a Promotional � Appointment: A promoted employee who has attained regular status in another classification of City employment who does not successfully complete the probationary period in the promoted class shall be returned to the former classification or a comparable classification without right to review or appeal unless terminated for cause. Section 7.Use of Leave During Probation: Authorized use of accrued sick leave may be used any time by the probationary employee during the probationary period. Vacation leave, Administrative Leave, and Floating Holiday hours are accrued during the probationary period, but shall be available for use upon completion of six months of service unless otherwise approved by the City Manager. 28 RULE 2X XII ATTENDANCE AND LEAVES Section 1. 3�eiixe—is to enable —eaeheligible empley hi-s—wed- mentally —refreshed. Ali empleyeesi—�.-he eempetitive se:evlee shall be entitled te anni;ial vaeatiefa leave with pay eix-eept the T J Attendance:Full time employees shall be in attendance at their work in accordance with the rules regarding hours of work, holidays, and leave. Absence of any employee without leave may result in disciplinary action, including discharge. Section 2.Vacation Leave: Vacation is a right, earned as a condition of employment, to a leave of absence with pay for the recreation and well being of the employee. If an employee has exhausted sick leave, vacation may be used for sick leave upon request of the employee and with approval of the Department Head Director or Division Manager. 29 • 111iW- NOW Attendance:Full time employees shall be in attendance at their work in accordance with the rules regarding hours of work, holidays, and leave. Absence of any employee without leave may result in disciplinary action, including discharge. Section 2.Vacation Leave: Vacation is a right, earned as a condition of employment, to a leave of absence with pay for the recreation and well being of the employee. If an employee has exhausted sick leave, vacation may be used for sick leave upon request of the employee and with approval of the Department Head Director or Division Manager. 29 (a) Employees shall accrue, on a pro -rata basis, vacation leave for completed pay periods. Such vacation allowance shall be available for use on the first day following the pay period in which it is earned; however, vacation allowance shall be available for use after the completion of six months by a probationary employee. Length of Service Annual from Vacation Accrual Benefit Date Allowance Rate On employment through 3.08 hours 59 months 80 hours per pay period 60 months through 4.62 hours 119 months 120 hours per pay period 6.15 hours 120 months and up 160 hours per pay period (b) Maximum Accrual: Vacation leave may be accrued to a maximum of 320 hours. Once the 320 hour maximum accumulation is reached, no further vacation leave shall accrue until the employee reduces the accumulation below the maximum. (c) Waiver of Maximum Accrual: A waiver must be requested by the Department Read Director or Division Manager and approved by the City Manager, for a period not to exceed thirteen (13) pay periods per fiscal year. If at the end of the waiver period the maximum accrual amount is exceeded, vacation accrual for the affected employee will stop. No further vacation time will be accrued until the employee's vacation leave balance is below the maximum accrual amount. In the event that the failure to utilize vacation past the thirteen pay period waiver is due to the City's inability to allow an employee to take vacation (as opposed to an employee's delay and/or failure to request vacation time off), the employee may, with City Manager authorization, continue to accrue vacation. 30 (d) Vacation Leave Cash Out Option: Once 240 hours of vacation leave accumulation is reached, the employee is eligible to receive at their request, a one time per year -cash out" payment for up to 40 hours of the accrued vacation leave provided he or she has used 80 hours of his or her accrued vacation leave during the previous twelve months. The "cash out" value is at the employee's current rate of pay regardless of the rate at which the vacation leave hours were earned. (e) The minimum charge against accumulated vacation leave shall be fifteen (15) minutes or multiples thereof. Vacation leave shall be compensated at the employee's base rate of pay. (f) The time during a calendar year at which an employee may take his or her vacation shall be determined by the Department Head Director or Division Manager with due regard for the wishes of the employee and particular regard for the needs of the City. (g) All vacation leave requests shall be made with as much advance notice as possible, and prior approval must be given by the employee's supervisor and Department mead Director or Division Manager. When circumstances warrant and advance notice is impractical, Department Heads Directors or Division Managers may approve the use of vacation leave for emergency absences. If an employee does not request time off in advance and simply does not show up for work, the Department Head Director or Division Manager may deny the use of vacation time or any leave accruals, and said employee may be subject to disciplinary action. (h) When a fixed holiday falls within a vacation period, the holiday time shall not be charged against an employee's earned vacation benefits. (i) Employees who terminate or retire shall be paid for all accrued vacation leave earned at their base rate of pay at the time of their separation of employment. 31 (j) Exempt employees, for the purpose of accrual, shall be credited with previous municipal experience, up to five (5) years of full-time service. (k) Employees on Unpaid Leave: Employees on unpaid leave do not accrue vacation leave. (1) Employees not Eligible for Vacation: Temporary (working less than 1,040 hours), emergency, seasonal part time, and intermittent part time do not accrue vacation. (m) Prorated Benefits: Regular part time employees receive prorated vacation, JA Ot-W-MM Section -2— 3. Sick Leave: beat. 14 -rat siiE I but an empleyee is not permitted te _Queh re E. leave it net air-eady aeeumulated. in er-der te—reeeive—eemensatien while —absenten siek leave the effipleyee—shallnetify his/her ifnfffediate superier er the effieer—prier te, er within twe—heare a-ftier the time..._eet fqa�. beg;R=-g daily duties. when absenee—is Freer -dere than eke wer-k day, physieiaRls— f!er-tif�eate ef a 1per-senal affidavit with the department head- and—the Perserenel ' Gffieer stating the —eaase-ef— the ,absenee, 1 . Sick leave is defined as the authorized absence from duty of an employee because of physical or mental illness, injury, pregnancy, confirmed exposure to a serious contagious disease, or for a medical, optical, or dental appointment. Sick leave shall not be considered as a privelege which 32 an employee may use at his or her discretion, but shall be allowed only in case of necessity and actual sickness or disability.mayalsebetaken —te requires theattentien e€ the --employee, —€ems—a maw}meas— o f ferty eight (4-)—heuEs per —ear l eedaE year. 84ek leave shall not be eensider-ed as—a privilege--whieh--an employee --may useat hl r discretion, but shall be allowed enly in case of (a) Accrual: Employees shall accrue sick leave for each payroll period completed, prorated on the basis of eighty (80) hours per year, or 3.08 hours per pay period. Sick leave shall be available for use the first day following the payroll period in which it is earned. RN (0) Minimum Use: The minimum charge against accumulated sick leave shall be fifteen (15) minutes or multiples thereof. Approved sick leave with pay shall be compensated at the employee's base rate of pay. Proof of Illness: Director or Division physician's certificate (d) Notification: The Department Head Manager may require a In order to receive compensation while abs leave, the employee mu immediate supervisor Director or Division within two (2) hours a the beginning of his o The Department Head may issued by a licensed satisfactory proof of leave is granted. ent from duty on sick st notify his or her or Department Head Manager prior to, or fter the time set for r her regular duties. request a certificate physician or other illness before sick (e) Violations: Violation of sick leave privileges may result in disciplinary action when in the opinion of the Department Head Director or Division Manager, the employee has been excessively absent or has abused such privileges. Employees who do not call in within two (2) hours of the start of their assignment may be denied use of sick leave. 33 (g) Sick Leave Payout: Each full time employee shall be paid annually for all accrued sick leave in excess of the maximum allowable accumulation of two hundred (200) hours at a rate of one-half (1/2) the employee's current wage at the time of payment. Said payment is to be made during the month of December, or at such other time as the City Manager may determine, at his or her absolute discretion, as appropriate. After five (5) years of service, when an employee retires, resigns or terminates in good standing, that employee will be paid all accumulated sick leave at a rate of one-half (1/2) of the employee's current rate of pay at his or her date of termination. (h) Use of Family Sick Leave: Use of family sick leave shall be limited to half the yearly sick leave entitlement in any one (1) year period. The amount of sick leave available is limited to what the employee accrued prior to utilizing sick leave for this purpose. Sick leave taken for this purpose shall be allowed only in the case of necessity of and actual illness of an employee's child, parent, or spouse or domestic partner as determined by the City Manager. In order to receive sick leave with pay for this purpose, the employee shall notify the Department Head Director prior to or within two (2) hours after the start of the employee's scheduled work shift. The City Manager may, if he/she deems necessary, require the employee to file a Physician's Certificate (regarding the illness of the employee's child, parent, spouse, or domestic partner) or an Affidavit stating the cause of absence. Use of sick leave under this section shall not extend the maximum period of leave to which an employee is entitled under Family and Medical Leave. (i) Employees on Unpaid Leave: Employees on unpaid leave do not accrue sick leave. (j) Seasonal and Intermittent Part Time Employees: Seasonal and intermittent part time employees do not accrue sick leave. 34 (k) Part-time regular employees: Part time regular employees accrue prorated sick leave. unless hired nafter Oeteb°er 18,2005 Section 4.4. Allewanee fSE GeeuPatienal-Siek: Occu ational Injury or Illness Leave: Whenever a person is compelled to be absent from employment with the City on account of injury or illness arising out of or in the course of that employee's employment as determined by the Workers' Compensation Act, the employee may elect to apply pro -rated accrued sick leave, if any, to such absence to receive compensation of an amount of the difference between the compensation received under the Workers' Compensation Act and that of the employee's regular pay earR-e sick leave. not to exceed the amount of the employee's earned sick leave. An employee, in such instance, may also elect to use any earned vacation time in like manner after sick leave is exhausted. !Phe --City will ay the empleyee up-te three '3da � � ' � mf or the jeb An employee, in such instance, may also elect to use any earned Administrative Leave and Floating Holiday hours in like manner after sick leave and earned vacation time is exhausted. Employees shall receive full salary in lieu of Workers' Compensation benefits and paid sick leave for the first twenty-four (24) hours following an occupational injury or illness, if authorized absence is by order of an accepted physician under the Workers' Compensation sections of the California Labor Code. Section 4.5. Allewanee fe3F Bereavement Leave: When conditions warrant, three -(3)- twenty-four (24) hours of paid bereavement leave des may be granted in used per occurance in the event of death of a relative -ef a €ai! time emple ee spouse, domestic partner, child, brother, sister, parent, parents-in-law, or grandparent of a full time employee. With City Manager approval, up to an additional sixteen (16) hours of sick leave may be used to supplement bereavement leave. "Reiativell is -•— sisters, randparents, grandehildr-en, half-brether-9, half sisters, aunts, :uneles, er ether iftdi3�4ddals related by laleed er FRair-iage living in the same heuseheld as the Gity empleyee. In the event of the death of other relatives and with City Manager approval, forty (40). twenty-four (24)hours of sick leave may be used per occurance for the death of aunts, uncles, or other individuals related by blood or marriage. Section -5.6. Allewanee fer jury Leave: If a full; time effipleyee is -, pe�seft shall wee 35 Jury Duty and Witness .Leave: If a regular full time employee is required to serve as a juror, such employee shall receive regular pay while actually performing jury service. Amounts received by such employee as payment for service as a juror except mileage paid to the employee need to be reimbursed to the City. Part time regular employees shall receive prorated pay based on the hours they were scheduled to work. Employees will be required to provide a Jury Duty Certification form to their supervisor, to be attached to their time sheet for that time period. Employees shall be granted leave with pay when subpoenaed to testify as a witness other than as a party or an expert. Employees absent from work due to jury duty or witness leave must daily notify their immediate supervisor or Department mead Director of the status of their leave. Section 7.Administrative Leave: FLSA exempt employees are allowed eighteen (18) hours of administrative leave per fiscal year. Executive Management employees are allowed thirty-six (36) hours of administrative leave per fiscal year. Additional hours of leave may be authorized by the City Manager, based on the number of total hours the individual works over and above forty (40) hours per work week. Administrative leave may be accumulated and carried over to the following year for a maximum of two years. Administrative leave must be used by June 30 of the second fiscal year. If not used the exempt employee will cease accruing administrative leave for the following year. Requests for the use of administrative leave must be approved by the immediate supervisor and the City Manager. Use of Administrative leave will be authorized at the convenience of the City and the work schedule. Section 8. Family and Medical Leave: (a) Statement of Policy: To the extent not already provided for under current leave policies and provisions, the City will provide family and medical care leave for eligible 36 employees as required by state and federal law. (b) Definitions: (1) 12 -Month Period means a rolling 12 - month period measured backward from the date leave is taken and continuous with each additional leave day taken. (2) Child means a child under the age of 18 years of age, or 18 years of age or older who is incapable of self-care because of a mental or physical disability. An employee's child is one for whom the employee has actual day-to-day responsibility for care and includes, a biological, adopted, foster or step -child, legal ward, or a child of a person standing in loco parentis. (3) Parent means the biological parent of an employee or an individual who stands or stood in loco parentis (in place of a parent) to an employee when the employee was a child. This term does not include parents-in-law. (4) Domestic Partner means a person as defined in the Family Code. (c) Reasons For Leave: Leave is only permitted for the following reasons: (1) The birth of a child or to care for a newborn of an employee; (2) The placement of a child with an employee in connection with the adoption or foster care of a child; (3) Leave to care for a child, parent, or spouse who has a serious health condition; or (4) Leave because of a serious health condition that makes the employee 37 unable to perform the functions of his or her position. (d) Employees Eligible For Leave An employee is eligible for leave if the employee: (1) Has been employed for at least 12 months; and (2) Has been employed for at least 1,250 hours during the 12 -month period immediately preceding the commencement of the leave. (e) Amount of Leave: Eligible employees are entitled to a total of 12 workweeks of leave during any 12 -month period. (1) Minimum Duration of Leave: If leave is requested for the birth, adoption or foster care placement of a child of the employee, leave must be concluded within one year of the birth or placement of the child. In addition, the basic minimum duration of such leave is two weeks. However, an employee is entitled to leave for one of these purposes (e.g., bonding with a newborn) for at least one day, but less than two weeks duration on any two occasions. If leave is requested to care for a child, parent, spouse, or the employee him/herself with a serious health condition, there is no minimum amount of leave that must be taken. However, the notice and medical certification provisions of this policy must be complied with. (2) Spouses Both Emoloved by the Citv: In any case in which a husband and wife both employed by the City are entitled to leave, the aggregate number of workweeks of leave to which both may be entitled may be limited to 12 workweeks during any 38 12 -month period if leave is taken for the birth or placement for adoption or foster care of the employees' child (i.e., bonding leave). This limitation does not apply to any other type of leave under this policy. (f) Employee Benefits While On Leave: Leave under this policy is unpaid.^ While on leave, employees will continue to be covered by the group health insurance to the same extent that coverage is provided while the employee is on the job. If an employee fails to return to work after his or her leave entitlement has been exhausted or expires, the City shall have the right to recover its share of health plan premiums for the entire leave period, unless the employee does not return because of the continuation, recurrence, or onset of a serious health condition of the employee or his or her family member which would entitle the employee to leave, or because of circumstances beyond the employee's control. The City shall have the right to recover premiums through deduction from any sums due the City. (g) Substitution of Paid Accrued Leaves: While on leave under this policy, as set forth herein, an employee may elect to concurrently use paid accrued leaves. Similarly, the City may require an employee to concurrently use paid accrued leaves after requesting Family Medical Leave FMLA and/or California Family Rights Act CFRA leave, and may also require an employee to use Family and Medical Care Leave concurrently with a non-FMLA/CFRA leave which is FMLA/CFRA-qualifying. (1) Employee's Riqht to Use Paid Accrued Leaves Concurrently With Family Leave: Where an employee has earned or accrued paid vacation, administrative leave, or 39 compensatory time, that paid leave may be substituted for all or part of any otherwise unpaid leave under this policy. As for sick leave, an employee is entitled to use sick leave as set forth in Section 3. (h) Medical Certification: Employees who request leave for their own serious health condition or to care for a child, parent or a spouse who has a serious health condition must provide written certification from the health care provider of the individual requiring care if requested by the City. (i) Reinstatement Upon Return From Leave (1) Right to Reinstatement: Upon expiration of leave, an employee is entitled to be reinstated to the position of employment held when the leave commenced, or to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment. (2) Employee's Obligation to Periodically_ Report on His or Her Condition: Employees may be required to periodically report on their status and intent to return to work. This will avoid any delays to reinstatement when the employee is ready to return. (3)Fitness for Duty Certification: As a condition of reinstatement of an employee whose leave was due to the employee's own serious health condition that made the employee unable to perform his or her job, the employee must obtain and present a fitness -for -duty certification from the health care provider that the employee is able to resume work. Failure to provide 40 such certification will result in denial of reinstatement. Section 9.California Paid Family Leave: California Paid Family Leave is a component of State Disability Insurance (SDI). Unlike SDI, which partially covers employee wage loss due to a personal disability, injury, or pregnancy, Paid Family Leave Insurance partially covers employee wage loss for individuals who need to care for a seriously ill family member or bond with a new child. Benefits are available for a maximum of six (6) weeks in a twelve (12) month period. Paid Family Leave and SDI are both administered by the Employment Development Division (EDA) and funded entirely by mandatory payroll deductions. Section 10. Pregnancy Disability Leave: An employee is eligible for six (6) weeks of unpaid leave for a normal pregnancy, childbirth or related medical condition and up to four (4) months when there is certification by a physician that there is a disability due to the pregnancy, childbirth, or related medical condition. (a) During the pregnancy disability leave time, paid leave may be charged to accrued benefit time such as vacation, administrative leave and floating holidays, at the employee's request. In addition, accrued sick leave may be used at the employee's request, in accordance with Section 3. (b) Health insurance benefits shall continue for the duration of the pregnancy disability leave under the same conditions as if the employee had continued employment. If the employee fails to return to work after the period of leave to which the employee is entitled has expired, the City is entitled to recover the premiums paid on behalf of the employee for maintaining coverage. (c) The City Manager may require the employee to file a physician's certificate or personal affidavit and to provide reasonable notice of the date the leave will begin and the estimated duration of the leave. Section 11. Election Leave: have If a full time employee does not sufficient time outside of working hours to 41 vote at a statewide election, the voter may, without loss of pay, take off enough working time, which when added to the voting time available outside of working hours will enable the voter to vote. Regular part time employees are eligible for election leave based upon hours scheduled to work. No more than two hours of the time taken off for voting shall be without loss of pay. The time off for voting shall be only at the beginning or end of the regular work shift, whichever allows for the greatest free time for voting and the least time off from the regular working shift, unless otherwise mutually agreed upon. The employee shall give the supervisor at least two working days' notice that time off for voting is desired. Section 12. School Visit Leave: Full time and regular part time employees are permitted to use up to forty (40) hours of leave for the purpose of participating in their children's school activities. Vacation or floating holiday leave must be used for this purpose, and the request for time off cannot exceed eight (6) hours in any calendar month. In the event the employee has exhausted all accrued vacation leave and floating holiday hours, leave without pay may be taken for this purpose and all hour restrictions apply. Section -&.13. Leave of Absence Without Pay: The City Manager may grant a meat regular employee a leave of absence without pay er eentinuatien of senierit for a period not to exceed one (1) year. No such leave shall be granted except upon written request of the employee, setting forth the reason for the request.; a -ad �� Approval will be in writing. Upon expiration of a regularly approved leave or within a reasonable period of time after notice to return to duty, the employee shall be reinstated in the men classification held at the time leave was granted. Failure on the part of an employee on leave to report promptly at its expiration, or within a reasonable time after notice to return to duty, shall be cause for discharge. Such leave of absence shall not be counted as a break in service for purposes of satisfying the continuous employment requirement as regards for vacation allowance. (a) Department Heads Directors may grant an employee leave of absence without pay for a period not to exceed one (1) calendar week. Such leaves shall be reported to the Pertn�' Offleer City Manager. (b) An employee on leave of absence without pay does not accrue sick leave, e -r vacation time, 42 whileen lewve or receive benefits while on leave. Such employee does not lose or forfeit any sick leave or unpaid vacation time that had been accumulated prior to grating the—lea-ve.. the time being granted. Section -7.14. Allewan_ee—fer Military Leave: Military leave shall be granted to City employees in accordance with the provisions of current federal and state law. All y _ p e -- entitled to _'-'-it_E -x--lY- ._ -1 lee e shall give the ,appeinta:ngpewer an eppertu nity within the iimits of xtilitaryr-egulatians te-le4-erffirfte when sueh leaveBhlT be -taken. S-e-etieR e-}er See.treR 8. Hears-ef Werk. All of iees of the —eit-`e)Eeept t-hese—€ems whie h epee i a l regiakalAe are required, -sha i i—he—kept ep-en €er business en all days of the year emeept Saturdays, .. unti-I 5:99 Empleyee s € e I' t Section 15. Political Leave: Political leave shall be granted to any employee who is declared a candidate for public office subject to the provisions of Section 13: Leave of Absence Without Pay. 43 44 wage within the range established ter that p the pay plait. The mifiimazm rate —€'ems - the is apply te empleyees upen eriginai appeintfaent7 -tt #hprr 45 RULE XIII HOLIDAYS Section 1. Holidays Observed: The City of Diamond Bar's observed paid holidays are as follows: 1. New Year's Day (January 1) 2. President's Day (observed the third Monday in February) 3. Memorial Day (observed the last Monday in May) 4. Independence Day (July 4) 5. Labor Day (observed the first Monday in September) 6. Veteran's Day (November 11) 7. Thanksgiving Day 8. Day following Thanksgiving Day 9. Christmas Eve (December 24) 10. Christmas Day (December 25) 11. Sixteen (16) Floating Holiday Hours Holidays which fall on Saturday shall be observed the preceding Friday and holidays which fall on Sunday shall be observed on the following Monday. Paid holidays are only for the observed days. If an observed holiday falls on a nine (9) hour work day under the 9/80 work schedule, those employees on the 9/80 schedule shall receive nine (9) hours of holiday pay and those employees on a traditional work schedule shall receive eight (8) hours of holiday pay. If an observed holiday falls on an eight (8) hour work day under the 9/80 work schedule, those employees on the 9/80 schedule shall receive eight (8) hours of holiday pay and those employees on the traditional work schedule shall receive eight (8) hours of holiday pay. Section 2. Floating Holidays: a. Each full time employee is allowed sixteen (16) hours per calendar year, January through December. Regular part time employees are allowed prorated floating holiday hours per calendar year, January through December based upon hours scheduled to work. 46 b. Floating Holiday hours are not cumulative and must be used during the above period or said employee will lose the allocated hours. C. Each employee must submit a request in advance, and approval must be given by the employee's supervisor and Department He&d Director. d. An employee is eligible to use floating holiday hours as they are ae ru allocated. e. Floating Holiday hours may be used in lieu of sick leave only if all other benefit time has been exhausted. Section 3. Eligibility for Holidays: All employees are eligible for holidays except the following: a. Seasonal and intermittent part time employees. b. Temporary employees. Section 4. Prorated Holiday P2Y: Regular part time employees shall receive prorated pay for any holiday on which they are scheduled to work. and prorated fleating, helid..� s� caca je. 47 RULE m1- XIV CHANGES IN EMPLOYMENT STATUS Section 1. Transfer: lii°iFeluntar' Transfer: Aftezfretiee to —circ Persennel Gf€ieer, An employee may be transferred by the _Pr-___-___, r....._ City Manager at any time from one position to another position in the same or comparable class. A comparable class is one with essentially the same maximum salary limits, involves the performance of similar duties and requires substantially the same basic qualifications. If the transfer involves a change from the jurisdiction of one supervising official to another, both must consent thereto unless the City Council orders the transfer for purposes of economy or efficiency. Transfer shall not be used to effectuate a promotion, demotion, advancement, or reduction, each of which may be accomplished only as provided in the—Persenne! ordinanee an 4rft these Rules. No person shall be transferred to a position for which he/she does not possess the minimum qualifications. &. Vellantary Transfer-: A regialar employee may pesitieii in the same er lower qualified in the epinien ef the City - Manager's Designee by submitting a request te tranBEer him er- her. The request will be—leepten--file feL— ene year- from the--date— and the supervisor he empleyere— tFansferred to the new pealtierk when the first vaeaney beeemes available. Section 2. Promotion: Wheneve-r pessible and—},nsefar as practicable and consistent with the best interests of the seryiee City, a4-1 vacancies in the competitive service shall may be filled by promotion from within the competitive service,, . after - N e}: , emaminatien has been given ander premeti•enal—list 48 establish All candidates for promotion must meet the minimum qualifications identified by the appointing authority. If, in the opinion of the Persennel effieer City Manager or designee, a vacancy in the position could be filled better by an open, competitive examination instead of aelesed, promotional examinatian appointment, he/she shall arrange for an open competitive examination and for the preparation and certification of an eligibility list. Section 3. Demotion: The appointing r authority may demote an employee whose ability to perform his or her required duties falle below standard or a regular employee for disciplinary purpeses cause. No employee shall be demoted to a position for which he/she does not possess the minimum qualifications. such action shall be subject to appeal. Section 4. Suspension: The G'_t1• Manager appointing authority may suspend an a regular employee at any time for cause. fer the - ee- €a er-e than thivim.. regular lendar- days in any f i seal --dear . Department heads may suspend a e yule / , and peried-, €er diseiplinary-purpesas- nly. ouspensiens-shali be- appeal. Section 5. Reclassification: The appointing authority may reclassify a position from one class to another if there has been a gradual accretion or reduction of duties and/or responsibilities over time. Reinstatement: With the appreval ef- the appeinting pewer and the-Dersennel-effieer, a permanent e+apleyee who has resigned with a geed r-eeer-d fflay be reinstated w4rthln cwe ye -are. t6 his/her- fer-mer jassiiien, if `v�aeant, or to—cr-- vae he -peeresses the FainlfRufa Efaal i f i eat-leiis-€eiF the peeitien . Pffl- empleyee is net eligible fen re hiring after a see„nu voluntary 49 RULE Kill XV SEPARATION FROM THE --SBRL I EMPLOYMENT Section 1. Job Abandonment: An employee is deemed to have resigned if the employee is absent for three (3) consecutive workdays without prior authorization and without notification during the period of absence. On the second working day of unauthorized absence, the supervisor shall send a telegram or overnight letter to the employee's last known address informing the employee that if the employee fails to report to work within one (1) workday, or receive authorization for such absence, the employee will be deemed to have resigned. After the third consecutive workday without prior authorization and without notification of unauthorized absence, the supervisor shall send a telegram or overnight letter to the employee's last known address informing the employee of the resignation and providing notice that the employee may provide an explanation of their absence. Employees separated from employment for job abandonment will be reinstated with such charge removed from the employee's record upon presentation of justification for absence such as severe accident, severe illness, false arrest, or mental or physical impairment which prevented notification. Employees have no right to appeal if deemed to have resigned as a result of job abandonment. Section 2. Discharge: An at -will employee in the ___..r_____._ _______ may be discharged fer-eause at any time without cause and without the right of appeal. by- Whenever i# is the - diseherge an pley-E- An employee in the competitive service may be discharged for cause at any time by the Department heed Director. Any employee in the competitive service who has been discharged is entitled to rights provided in Rule XVII.the Pe r s e?nTe-f f ieer shall be-ne t if i e whe has-been dieher-ge all be eRtitled ,. ti tion tat f the far YBee-lift�"' �ZLSLti[ITC.liL �� tIIC. rGC�.S01TJ =DZ -- i f -Ig ae t i ens -end t ea hearing if he -se -requests , as-previded in these rules:. Section -2.3. Lay -Off: The appeinting p^:.__ City Manager may lay off an employee in the competitive service because of change in duties or organization or shortage of work or funds. 50 a. Notification: Employees to be laid off shall be given, whenever possible, at least ten (10) we-r� calendar days prior notice.daysbGfere- aet erity shall natifythe-pewen-n,e1-A_ffieer ef the intended aetien with reasons thereaf, and a eepy eg sueh netiee shall be given the imi I €shall be placed en the apprepriate— b. Order of Layoff: Employees shall be laid off in the inverse order of their seniority in their classification in the department. Seniority shall be determined based upon date of hire in the classification and higher classifications in the department. A lay off out of the inverse order of seniority may be made if, in the City's judgment, retention of special job skills are required. Within each class, employees shall be laid off in the following order, unless special skills are required: temporary, intermittent and seasonal part-time, paEt—time hireda terGetebe-P 18, 2905 probationary, part time regular, full time regular. In cases where there are two or more employees in the classification in the department from which the lay off is to be made who have the same seniority date, such employees shall be laid off on the basis of the last evaluation rating in the class, providing such rating has been on file at least thirty (30) days and no more than twelve (12) months prior to lay off, as follows: a) First, all employees having ratings of "Needs Improvement or Does Not Meet Expectations;" b) Second, all employees having ratings of "Meets Expectations;" c) Third, all employees having ratings of "Consistently Exceeds Expectations or Frequently Meets and Exceeds Expectations." C. Re-employment Rights for Laid -off Employees: Regular employees, who have received a satisfactory or better evaluation for the 12 months prior to lay off, have completed their probationary period and who have been laid off shall be automatically placed on a re-employment 51 list for one year for the classification from which they were laid off. Section 3.4. Resignation: An employee wishing to leave the competitive service in good standing shall file with the supervising official at least ten (10) working days before leaving the service, a written resignation stating the effective date and reasons for leaving. Failure to give such notice shall mean the employee did not terminate in good standing, unless by reasen and open that—empleyee's request, the City Manager has waived the two-week notice requirement. The r-esignatien shall be €-er red Failure to comply with this rule shall be entered on the service record of the employee and be cause for denying future employment by the City. The resignat}.en of an a t,�_��ty. A resignation becomes final when accepted by the City Manager and cannot be withdrawn. Section 5. Reinstatement: A regular employee who has resigned, or has otherwise been separated while in good standing, may be considered for reinstatement, upon recommendation of the Department head Director or Division Manager and approval of the city Manager, to a position in the former employee's same or comparable classification or a lesser classification for a period of two (2) years after resignation or separation provided such a position is vacant and available. The employee shall be reinstated to the salary range and step held at the time of resignation or separation and shall receive a new anniversary date which shall be the first date of employment upon reinstatement. The employee will serve a new probationary period. 52 Frel3tiGn 1. Training -Plan: All f -all time empleyees ef City are ems' Fre_ ele-;t de , de _ _F ._.___ iL_ 1�3 Sec eineessf••' eemglat#en-ef she training eel.�r-see—frtaye— ee suE 53 RULE -XF XVI REPORTS AND RECORDS ,Se-etien1—Rester-Gafds: The-Per-senne•! of€-ie4-r _.,, e ,:et art len as be eensidered and Biieh ether- inf----t4 pe3-t=nett-- Section 1. General: The City maintains a personnel file on each employee. An employee's personnel file shall contain only material that is necessary and relevant to the administration of the ,City's personnel program. Personnel files are the property of the City, and access to the information they contain is restricted. SeE. , pr-eseribed by these Rules and Regulatiens, and inBerted in the efft€ Section 2. Notifying City of Changes in Personal Information: Each employee is responsible to promptly notify the employee's supervisor and the City Manager's designee of any changes in relevant personal information, including • Mailing address • Telephone number • Persons to contact in emergency • Number and names of dependents pay r e l l reeer-ds-shall -be-kept permanent e l a t4 -- tt pe-r-sennel� ree _. tment, i relud:ing eerrespendenee-appyr^-4--T use ful Section 3. Location of Personnel Files: The personnel files will be kept secure and confidential by the person assigned the Human Resources function. Section 4. Medical Information: a. Separate Confidential Files. All medical information about an employee or applicant is kept separately and is 54 treated as confidential, in accordance with federal and state law. b. Information in Medical Files. The City will not obtain medical information about an employee or applicant except in compliance with the California Confidentiality of Medical Information Act. To enable the City to obtain certain medical information, the employee or applicant may need to sign an authorization for release of employee medical information. C. Access to Medical Information. Access to employee or applicant medical information shall be strictly limited to only those with a legitimate need to have such information for City business reasons. In the case of an employee with a disability, managers and supervisors may be informed regarding necessary restrictions on the work or duties of the employee and necessary accommodations. Section 5.References and Release of Information in Personnel Files: a. Public Information: Upon request, the City will release to the public information about its employees as required by the Public Records Act. The City will not disclose personnel information that it considers would constitute an unwarranted invasion of personal privacy. b. Reference Checks: All requests from outside the City for reference checks or verification of employment concerning any current or former employee must be referred to the City Manager's designee. Information will be released only if the employee signs an authorization for release of employment information, except that without such authorization, the following limited information will be provided: position held by the employee, dates of employment and salary upon departure. Managers and supervisors should not provide information in response to requests for reference checks or verification of employment, unless specifically approved by the City Manager on a case-by-case basis. Section 6. Employee Access to Personnel File. 55 • inspeetien of File,. An employee may inspect his or her own personnel file at reasonable times and at reasonable intervals. An employee who wishes to review his or her file should contact the City Manager's designee to arrange an appointment. The review must be done in the presence of a Human Resources staff member. Section 7. 'Destruction of Records: Personnel files and pay rei-I reeerda shall be kept until ten (10) years after separation of employment. Payroll records shall be kept permanently. Records relating to personnel recruitment, including correspondence, applications, examinations, and reports may be destroyed after five (5) years. (Reference: Records Retention Schedule) 57 si--o empleyment of an indi o idVal that is related by bleed er—mar-�— .., , Seetien i. The pe iitieai aetivities ef ge,.xerned GeveEnment Gede Seetign RULE X -I -X XVII GRIEVANCE PROCEDURES Section 1. Definition: t -w Meme3--andidm -of a-ELteEi, iReludiflg -- - net lifRited t5 auspensie , deffietien, or-- t-e-r-minatien. a. Grievance: Except as otherwise excluded, a "grievance" is a written allegation by an employee, submitted as herein specified, claiming violation(s) of the specific express terms of the Personnel Rules and Regulations and for which there is no other specific method of review provided by City law. Disputes concerning the applicability of the Grievance Procedure that persist through the third level shall be submitted for determination by a court, unless the grievant and the City agree otherwise. b. Grievant: A grievant is an employee or group of employees adversely affected by an act or omission of the City. C. Dar: A day is any day the agency is open to the public, that is any day except Saturdays, Sundays, and legal holidays recognized by the agency. d. Exclusions: 1. The procedure is not to be used for the purpose of resolving complaints, requests or changes in wages, hours and working conditions. 2. The procedure is not to be used to challenge the content of employee evaluations or performance reviews. 3. The procedure is not to be used to challenge the decision to reclassify, layoff, deny 60 reinstatement, or deny a step or merit increase to an employee. 4. This procedure is not to be used in cases of oral reprimand, written reprimand, reduction in pay, demotion, suspension, or termination. 5. This procedure is not to be used to challenge violation of law or past practice. 6. This procedure is not to be used to challenge examinations or appointment to positions. Section 2. Procedure te Affer-d the E,. Step 1: Informal Discussion: When applicable, The grievant shall discuss the grievance with his or her GeHffffitee immediate supervisor on an informal basis in an effort toPUT--Rie-dresolve the grievance. The grievance will be considered waived if not presented to the immediate supervisor within ten (10) working days following the day the event occurred upon which the grievance is based. The immediate superivsor shall respond within five (5) working days following the meeting with the grievant. Failure of the immediate supervisor to respond within such time limit shall entitle the grievant to process the grievance at the next step.if se, the eafffmittee fflay assist, I-- +19) wa I-Efrievanee te the next step ef review. Ste 2: .inferma Dise�issien First Leval of Review: If the grievance is not settled at Step 1, the grievant may submit the grievance in writing to sha11d-iseass the grievaneewith his or her immediate supervisor within five (5) working days of the receipt of the grievance response at Step l.en an said- ttrievanee shall be eensider-ed waived if -the immediate sufeEviser within ten (10) weEking days' is based.the-} }ale-g�perviseE shad respeRd Within -€i�ve f - Failure of the grievant to deliver the 61 written grievance shall constitute a waiver of the grievance. The supervisor shall meet with the grievant and a written decision and statement of facts and issues shall be rendered to the grievant within ten (10) working days from the date of the written grievance. Failure of the supervisor to respond within such time limit shall entitle the grievant to process his or her grievance at the next level of review. Step 3: First Eevel of. Depaartment Hec� Director or Division Manager Review (Second Level): If the grievance is not settled at Step 2, the grievant may submit the grievance in=r-j:t;jto hd-&,/-her divisien the Department head Director or Division Manager within five (5) working days of the receipt of the grievance response at Step 2. Step 2 grievance response. Failure of the grievant to serve deliver such written notice shall constitute a waiver of the grievance. -If- sueh-wL.itten netiee±eyed, The d-iv-isi-en Department head Director or Division Manager shall meet with the grievant, and a written decision and statement of facts and issues shall be rendered to the grievant and representative, if any, within ten (10) working days from the date of service. Failure of the men Department head Director or Division Manager to respond within such time limit shall entitle the grievant to process '^'�-j4lie-r- the grievance at the next level of review. Step 4: City Manager Review (fid Final Level). If the grievance is not settled at Step 3, the 9-r-�e grievant may serve written notice of the grievance to the depaLt-stent-head City Manager within five (5) working days e�-f following receipt of the grievance response at Step 3. _ Failure of the grievant to serve such written notice shall constitute a waiver of the grievance. if sueh wrritte nee , The departfRent heat City Manager shall meet with the grievant and a written decision and statement of facts and issues shall be rendered to the grievant and representative, if any, within ten (IG). fifteen (15) working days from the date of service. Fai1i;re- The City Manager's decision shall be final. - c at Step 4—Fail:bire-ef the grievant eerie to -serve sueh-setiee-shal-1-- the- wit decision afid sta�ement eE faetsand -issues -shall -be ei-id , writteii __ , }. 62 the g-�`at-- the -nest level of review. &t -e ne't t -13,e t4ie d a-1-1- TPe-i rz ievanees . f=ennel Offeer within test -f4©, �ferk_j_R-e�- the department head's written deeisien. Pe d4 -r-( e— t-P4aRag er shall have a r-4 G4t--y Ce nei'_. Section 3. Right of Grievant to Reresentation: The grievant has the right to be represented by any person or attorney he/she may select during the various stages of the grievance procedure. €-ems- b�,' pg - —acrd gw 11 Grievanees. Section 4. Reprisals: Employees shall be insured freedom from reprisal for using ate€ the grievance procedure. as ind eateA in the Rules and Reg:alatienq. 63 RULE X -X XVIII RULES GN APPEAT= DISCIPLINE Section 1. Types of Disci linar Action: ,fie - a -e]e e3 s i e —er—Qe •ien that - a e tice;: , e r- t#air-ate erase w enFepr i mand. o f -e �—appe a� i g a yet -men er docic —E t -P4a ale -he -empleyee—ratist eHha•Ustal p a. Oral Warning: A formal discussion with an employee, usually by the employee's immediate supervisor, about performance or conduct problems, the need for the employee to improve and what specific improvement is expected. The employee's supervisor shall make a written record of the warning. b. Written R.e.rimand: A formal written notice to the employee regarding performance or conduct problems, the need for the employee to improve and what specific improvement is expected. The written reprimand goes in the employee's personnel file. The employee may respond in writing to the written reprimand within fourteen (14) days. The response will be placed in the personnel file with the written reprimand, C. Suspension: Removal of an employee from duty without pay for a specified period. d. Reduction in Pay; A reduction in pay from the employee's current step within a pay range to a lower step within that same pay range. e. Demotion: A reduction in status and salary from one classification to another classification having a lower salary range. f. Dismissal or Discharge: Separation from employment of an employee for cause. 64 Section 2. Grounds for Disciplinary Action Involving Regular Employees: Grounds for Discipline include, but are not limited to, the following: a. Fraud in securing employment or making a false statement on an application for employment. b. Incompetency; i.e., the inability to comply with the minimum standard of an employee's position for a significant period of time. C. Inefficiency or inexcusable neglect of duty, i.e., failure to perform duties required of an employee within his or her position. d. willful disobedience or insubordination, a willful failure to submit to duly appointed and acting supervision or to conform to duly established orders or directions of persons in a supervisory position or insulting or demeaning a supervisor or manager. e. Dishonesty. f. Possession, distribution, sale, use, or being under the influence of alcohol or illegal drugs or narcotics while on duty or while operating a City vehicle or potentially dangerous equipment leased or owned by the City. g. Excessive absenteeism. h. Inexcusable absence without leave. i. Abuse of sick leave, i.e., taking sick leave without a doctor's certificate when one is required, or misuse of sick leave. j. The conviction of either a misdemeanor or a felony related to the position held or a felong will constitute grounds for dismissal of any employee. The record of conviction will be conclusive evidence of the fact that the conviction occurred. The City Manager may inquire into the circumstances surrounding the 65 commission of the crime in order to support the degree of discipline. A plea or verdict of guilty, or a conviction showing a plea of nolo contendere is deemed to be a conviction within the meaning of this Section. k. Discourteous treatment of the public or other employees. 1. Improper or unauthorized use of agency property. M. Refusal to subscribe to any oath or affirmation which is required by law in connection with agency employment. n. Any willful act or conduct undertaken in bad faith, either during or outside of duty hours which is of such a nature that it causes discredit to the agency, the employee's department or division. o. Inattention to duty or negligence in the care and handling of City property. P- Violation of the rules and regulations in any department. q. Mental or physical impairment which renders the employee unable to perform the essential functions of the job, with or without reasonable accommodation (if disabled), or without presenting a significant current risk of substantial harm/threat to the health and/or safety of self or others. r. Outside employment not specifically authorized. S. Acceptance from any source of a reward, gift, or other form of remuneration in addition to regular compensation to an employee for the performance of his or her official duties. t. The refusal of any officer or employee of the City to testify under oath before any Grand Jury having jurisdiction over any then pending cause of inquiry in which the investigation of government bribery or misconduct in agency office is involved shall constitute of itself sufficient ground for the immediate discharge of such officer or employee. 66 U. Willful violation of any of the provisions of an ordinance, resolution, rule, regulation or policy prescribed by the department or City. V. Improper political activity. Example: Campaigning for or espousing the election or non -election of any candidate in national, state, county or municipal elections while on duty and/or during working hours or in City uniform on or off duty; or the dissemination of political material of any kind while on duty and/or during working hours or in uniform. W. Working overtime without authorization. X. Possession of weapons on agency property unless authorized. Y. Making false or malicious statements concerning any employee, the City, or the City's policies or practices. e-11 set a date —€er—a hear �_.g SPE—a���e— fie. , Manager- -e1z-pre a er-ibe— Section 3. Procedures for Taking Disciplinary Action: a. Oral Warnin : Following a formal discussion, a supervisor or manager may summarize the oral warning, provide the summary to the employee and place it in the employee's department personnel file. At a minimum, a notation that the oral warning was given must be kept by the supervisor or manager. b. Written Reprimand: A written reprimand will be Prepared, discussed with and given to the employee. A copy will be placed in the employee's official personnel file. The employee may within fourteen (14) days of receipt of the written reprimand file a written response for placement in the personnel file. C. Sus ension/Reduction in Pay/Demotion/Dismissal of Regular Employees. 67 1. Notice of Proposed Discipline: Whenever the appropriate authority intends to suspend an employee, reduce the employee in pay, demote the employee or dismiss the employee, the appropriate authority will give the employee a written notice of proposed discipline which sets forth the following: a. The disciplinary action intended; b. The specific charges upon which the action is based; C. A summary of the facts upon which the charges are based; d. Identification of the rule, regulation, or policy violated; e. A copy of all documents upon which the discipline is based, or notice that the employee may request and will be given such information; f. Notice of the employee's right to respond to the charges either orally or in writing to the appropriate authority; g. The date, time and person before whom the employee may respond; h. Notice that failure to respond at the time specified will constitute a waiver of the right to respond prior to final discipline being imposed; i. The employee's right to representation. 2. Response by Employee: The employee will have the right to respond to the appropriate authority orally or in writing within five working days. The employee will have a right to be represented at any meeting set by the appropriate authority to hear the employee's response. In the case of suspension, reduction in pay, demotion 68 or dismissal the employee's response will be considered before final action is taken. 3. Final Notice: After the response or the expiration of the employee's time to respond to the Notice of Proposed Discipline, the appointing authority or designee will: (1) dismiss the proposed discipline and take no disciplinary action against the employee, (2)modify the recommended disciplinary action, (3) uphold the recommended disciplinary action, or (4) prepare and serve upon the employee a Final Notice of Disciplinary Action. The Final Notice of Disciplinary Action will include the following: a. The disciplinary action taken; b. The effective date of the disciplinary action; C. Specific charges upon which the action is based; d. A summary of the facts upon which the charges are based; e. The written documents upon which the disciplinary action is based; f. The employee's right to appeal. Section 4. Appeal Rights: e fie— issued enly upeneee p, by the Persenne! Gffieer of a— w_ of = . A regular employee will have the right to appeal a suspension, reduction in pay, demotion, or dismissal. Section 5. Method of Appeal: Appeals shall be in writing, signed by the employee (appellant), and filed with the City Manager within five (5) working days after receipt of the final notice. The appeal shall be a written statement, addressed to the City Manager admitting or denying each of the charges in the final notice and 69 reasons why the final action should be reversed or modified. The formality of a legal pleading is not required. Section 6. Notice: Upon the filing of an appeal, the City Manager shall set a date for a hearing on the appeal. The City shall notify all interested parties of the date, time and place of the hearing at such place as the City Manager shall prescribe. Section 7. Subpoenas: Subpoenas for witnesses to appear or for documents shall be issued only upon receipt by the City Manager of a written request thereof or, setting forth the names and addresses of the witnesses desired to be subpoenaed. Section 8. Subpoenas - Issuance: Subpoenas for witnesses or documents shall be issued only at direction of the City Manager. Section G. 9. Hearings: The appellant shall appear personally, unless physically unable to do so, before the City Manager, e -r- Wil. Geaneii , as the ease be, at the time and place of the hearing and may be represented by any person(s) or attorney(s) he/she may select and may, at the hearing, produce on his or her behalf, relevant oral and/or documentary evidence. At the commencement of any such hearing, or at any time prior to the commencement thereof, the City Manager eiF Gity Geuneil may specify the order of procedure for any such hearing. Except as •tars otherwise directed, the order of procedure for any such hearing shall be as follows: (a) The Department Head or officer having appointing power shall be designated the respondent for the purpose of aih the hearing. The respondent shall present testimony or evidence in support of the statement of charges against the employee, er•it nes�deh- er r-emeval ef--t ie . Such evidence may be presented in the form of oral testimony, written-reperts, eXhibite, a€f•rejaVt9, written statements- e€- the -witne l , by era! teetimeny ef- witnesses, inel: diy -__. natien ef-witnesses. documents, or demonstrative evidence. The employee shall have the right of cross examination of witnesses. 70 (b) The employee by or for whom such hearing was requested shall be designated the appellant for the purpose of a publie hearing. Upon completion of the respondent's initial presentations the appellant shall be accorded an opportunity to present testimony in answer to the statement of charges against him/her. er if ne state rent of eharges was issued, then in eent3E:adietien of or 4rn emplanatien at the -facts-upen whieh th-e- suspension, demetien or rexaevalof the empleyee- evidenee. Respondent shall have the right to cross-examine and eress witnesses. en a!!faets material to the issues invelved in -the hearing� (c) The respondent and appellant may then offer rebuttal evidence only, unless the City Manager er Gity ^-_un__'_ permits additional evidence to be presented. At -the eenelusion of the hearing, the Gi Gee:neil may permit argument to-be-gradety Manager or Gity - (d) At the conclusion of the hearing, the City Manager may permit arguments to be made. (e) The conduct and decorum of the hearing shall be under the control of the City Manager, er Git Wil, with due regard to the rights and privileges of the parties appearing. befe�e it. Hearings need not be conducted according to technical rules relating to evidence and witnesses but hearings shall be conducted in a manner most conducive to determination of the truth.Picee}4ta-s- set --forth herein. Reariitgs-shlr appellant,be open aRless the iii writing, (f)Oral evidence shall be taken only upon oath or affirmation of the witness. (g) Any relevant evidence may be admitted if it is the type of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rules that might make improper the admission of such evidence over objection in civil actions. (h) Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence that shall not be 71 sufficient in itself to support a finding unless it would be admissible over objection in civil actions. O The rules dealing with priveleges shall be effective to the same extent that they are now or hereafter may be recognized in civil actions. (j) Irrelevant and unduly repetitious evidence may be excluded. (k) During examination of a witness, all other witnesses, except the parties, shall be excluded from the hearing upon motion of either party. (1) Burden of Proof: In a disciplinary appeal the employer has the burden of proof by preponderance of the evidence. (m) So far as possible, hearings and continuances shall be scheduled and granted to accommodate as many persons directly interested as possible, but nevertheless shall be within the absolute discretion of the City Manager or City Council. Section L;- 10. Findings and Recommendations: The City Manager shall er City ce , aethe ease stay -be, -s em within tex� r- twenty (20) days after the conclusion of the hearing, certify his/her it's findings and decision in writing to the appellant and to the per -sen, respondent. t shall be The decision shall be final. SemEar as pessible, hearings and eantiftuanees shall be seheduled and pas,3 ble, blat neverthelese shall he within theabselute- ckise=tet=ewe the-F�ager er City Getineil. 72 RULE X2Kl XIX PERFORMANCE EVALUATIONS AND ANNUAL WORK PLANS Section 1. General: Performance evaluation is the process of evaluating and recording the performance of each employee. This - elee re-ae his r__fermanec. The performance evaluation is best used: (a) To maintain a high level of efficiency or assist in raising efficiency by commending the employee. (b) To indicate to the employee those points in which he/she shows weak performance, and suggest the proper means of raising his working performance to the standard level. (c) To inform the employee of good performance. whieh may tura lead te-preffletienand higher Pam (d) To encourage better working relationships and mutual understanding by letting the employee know where he/she stands with relation to his or her supervisor's evaluation of his or her work. (e) To establish an annual work plan consisting of goals and tasks to be accomplished. Section 2. Responsibility for Evaluation: The Department head, Director or Division Manager, together with other supervisors familiar with the employee's work, is responsible for proper preparation of the performance evaluation for each employee in that department. The supervisor should carefully review the complete class description, and the goals and objectives for the employee, if any, before beginning each evaluation, to remind himself/herself of what should be expected from the employee, consider each item on the evaluation sheet separately in the light of the column definition, and select the column which best describes the work of the employee in each category. Section 3. Discussion with Employee: The performance evaluation must: be discussed with the employee. to ac,-uu=n h4: -Raper wit the:)e- peints in whieh-he�she needs impreve-meat•,, as well as with During the interview, as well as on the form, special attention should be given to discussing specific ways in which the employee can improve his or her performance. An opportunity should also be afforded the employee to comment and bring up any questions he or she may have. 73 Section 4. Policy and Procedure Review: The evaluating supervisor will review the City's Harassment Policy with the employee at the time of the performance evaluation and annual work plan review. Section 5. Schedule: Performance evaluations for probationary employees are to be prepared at the end of the seeend fae first five months, en the afterthe first sim mss z , and agar after the first eleven months, immediately prior to the completion of the one-year probationary period. After the probationary evaluation, an evaluation shall should be done on an annual basis on the employee's anniversary date. Performance evaluation for employees who are already at the top of their salary range shall be prepared during the month of June. en tete anfrzversary ems This will provide a continuing opportunity for the employee and supervisor to review their annual work rel t'_c_chir plan. Section 6. Appeal Procedure: It is the intent of the City to offer fair and equitable appeals procedures for employees' performance evaluations. Below are the official guidelines. a. Employee and supervisor meet to review and discuss the employee's performance evaluation. b. The employee may respond in writing to the contents of the evaluation. The employee must submit this response to the Department Head Director or Division Manager within ten (10) working days immediately following receipt of the evaluation. C. The employee may appeal the performance evaluation to the City Manager. The City Manager shall review the appeal with the employee and the Department Head Director or Division Manager. The decision shall be rendered in writing within fifteen (15) working days by the City Manager, and the decision of the City Manager shall be final. 74 75 RULE XX VEHICLE USE Section 1. Use of Private Vehicles: Private automobiles are not to be used for the City business except as authorized. The City Manager may authorize such use at the reimbursement rate equal to that. set forth by the Internal Revenue Service. Payments shall be based. upon the most direct route to and from the destination and garage and parking expenses shall be paid in addition to the current rate, upon submission of paid receipts. Section 2.Auto Allowance: Executive Management Employees will receive a monthly ear auto allowance. This stipend will be in lieu of any mileage reimbursement. If additional garage and parking expenses are incurred, they are reimbursable. Employees receiving a monthly auto allowance are eligible for mileage reimbursement in cases of exceptional travel. Exceptional travel is mileage which is in excess of 60 miles beyond the employee's normal commute. (Reference: Administrative Policy, City Council/Employee Automobile and Administrative Expense Reimbursement Policy) 76 RULE XXI PROFESSIONAL DEVELOPMENT Section 1. Training: The City Manager and employees of the City are eligible to request specialized training in the form of symposiums, special courses, forums, etc., at the City's expense. Section 2. Tuition Reimbursement: Subject to Council fiscal year budget authorization, each full-time and regular part- time (on a pro -rated basis) employee shall be entitled to reimbursement in the amount of $1500 per fiscal year for college -level or university -level educational courses (including tuition and related books), which have been approved by the City Manager or his or her designee as being job-related and of value to the City. Reimbursement under this Section is contingent upon the verification of the attainment of a letter grade of "C" or better, or in those cases where no letter grade is given, verification of completion of the course with a "Pass" or "Credit" grade and submittal of a receipt for registration bearing the name of the course, for which reimbursement is being requested. In the case of reimbursement for books for any approved/verified course; a syllabus, course reading list or course outline showing the book as being required for the course, plus a receipt bearing the title of the book shall be submitted. 77 RULE XXII EMPLOYEE STANDARDS OF CONDUCT Section 1. Code of Ethics: a. Each officer, official, and employee has an obligation to the citizens, to the people's elected representatives, and to fellow employees to meet the highest ethical and professional standards and to enhance the public's respect and trust for the City government and its operations. b. Employees of the City have responsibilities unique from their counterparts in the private industry. Employment with the City carries an obligation of personal integrity and conduct that serves to establish public respect, confidence, and trust. C. Employees represent the City of Diamond Bar and the quality of City service is judged through their performance and conduct. The citizens of Diamond Bar have the right to expect that City employees will provide services in an efficient, thorough, and courteous manner. d. The City, as a condition of employment, expects to receive from the employee: 1. Initiative and a conscientious effort to perform productive work. 2. Cooperative, positive, responsive, and courteous relations with fellow employees, supervisors, subordinates, and the public. 3. A continuous effort to strive for greater knowledge and skill on the job in order to maintain performance at a high level. 4. Compliance with all policies, regulations, rules of conduct, and ordinances established by the City. 5. Public loyalty to and support of the Official policies of the City. 6. Responsible work habits demonstrated by: a. Dependability, promptness, reliable attendance, and performing required duties competently, 78 b. Keeping informed of developments and matters affecting job performance, C. Being flexible and adaptable to change, d. Accepting constructive suggestions and criticism. 7. Neat and clean grooming and attire appropriate to the job assignment. Prescribed uniforms and safety equipment must be worn where applicable. e. No employee will accept a fee, compensation, gift, payment of expenses or any other thing of monetary value in any circumstances in which acceptance may result in or create the appearance of any one or more of the following: 1. Use of public office and/or employment for personal or private gain. 2. Preferential treatment of any person. 3. Loss of complete independence or impartiality. 4. Making a City decision outside of official channels. S. Reduction of public confidence in the integrity of City government and/or its employees. 6. Impeding government efficiency or economy. (Reference Administrative Policy P-10, Gift Policy) Section 2. Harassment Policy: (Reference Administrative Policy P- 4, Harassment Policy) �. Purpose: The City of Diamond Bar is committed to providing a work environment free of discriminatory harassment. The purpose of this policy is to define discriminatory harassment including sexual harassment, to prohibit the condoning or perpetuating of 79 such conduct and to provide an efficient means for reporting and resolving complaints of harassment by or against any employee or applicant or from a person providing services pursuant to a contract. This policy also applies to elected and appointed officials. 2. General Policy: The City's policy strictly prohibits discriminatory harassment on the basis of race, religion, sex or gender, sexual orientation, national origin, ancestry, physical or mental disability, medical condition, pregnancy, veteran status, marital status or age over 40 years. The City considers discriminatory harassment a serious offense and is firmly committed to the philosophy that every employee has the right to work in an environment free from discriminatory intimidation, ridicule and insult and to be treated with courtesy, dignity and respect. Every employee is expected to adhere to a standard of conduct that is respectful to all persons within the work environment. This Policy applies to all terms and conditions of employment, including but not limited to hiring, placement, promotion, disciplinary action, layoff, recall, transfer, leave of absence, training opportunities and compensation. Employees who violate this Policy may be subject to disciplinary action up to and including termination. The sexual harasser may be found personally liable to the victim of the harassment. Sexual harassment is outside the course and scope of employment, meaning that an employee accused of sexual harassment is not entitled to a defense or indemnity from the City in any action brought by the victim. so 3. Prohibited Conduct: The City's policy prohibits the following types of conduct: 3.1 Harassment: Harassment is any type of verbal or physical conduct based on an employee's membership in a protected category, such as race, religion, creed, color, national origin, ancestry, physical or mental disability, medical condition, pregnancy, childbirth, veteran status, sexual orientation, marital status, sex, sexual orientation or age over 40 years, that is sufficiently severe or pervasive so as to affect an employee's work performance negatively and/or alter the conditions of employment and create an intimidating, hostile or otherwise offensive working environment. It need not be explicit, or even specifically directed at the victim. Sexually harassing conduct can occur between people of the same or different genders. 3.2 Sexual Harassment: Sexual harassment is defined as follows: any action that constitutes an unwelcome sexual advance or request for sexual favors, or any verbal, visual or physical conduct of a sexual nature that is (i} related to or a condition to the receipt of employee benefits, including, but not limited to, hiring and advancement, (ii) related to or forms the basis for employment decisions affecting the employee, (iii) sufficiently severe or pervasive so as to affect an employee's work performance negatively and/or alter the conditions of employment and create an intimidating, hostile or otherwise offensive working environment. Romantic or sexual relationships between supervisors and subordinate employees are discouraged. There is an inherent imbalance of power and potential for exploitation in such relationships. The relationship may create an appearance of impropriety and lead to charges of favoritism by other employees. A welcome sexual relationship may change, with the 81 result that sexual conduct that was once welcome becomes unwelcome and harassing. Examples of the type of conduct that can constitute unlawful harassment or sexual harassment include, but are not limited to, the following: Verbal: Inappropriate or offensive remarks, slurs, jokes or innuendoes based on actual or perceived sex, religious creed, national origin, ancestry, disability, medical condition, marital status, age or sexual orientation. This may include, but is not limited to, inappropriate comments regarding an individual's body, physical appearance, attire, sexual prowess, marital status, pregnancy or sexual orientation; unwelcome flirting or propositions; demands for sexual favors; verbal abuse, threats or intimidation of a sexual nature; or sexist, patronizing or ridiculing statements that convey derogatory attitudes about a particular gender. Physical: Inappropriate or offensive touching, assault, or physical interference with free movement when directed at an individual on the basis of actual or perceived sex, religious creed, national origin, ancestry, disability, medical condition, marital status, age or sexual orientation. This may include, but is not limited to, kissing, patting, lingering or intimate touches, grabbing, massaging, pinching, leering, staring, unnecessarily brushing against or blocking another person, whistling or sexual gestures. Visual or Written: The display or circulation of offensive or derogatory visual or written material related to sex, religious creed, national origin, ancestry, disability, medical condition, marital status, age or sexual orientation. This may include, but is not limited to, posters, cartoons, drawings, graffiti, reading materials, computer graphics or electronic media transmissions. 82 Environmental: A work environment that is permeated with sexually -oriented talk, innuendo, insults or abuse not relevant to the subject matter of the job. A hostile environment can arise from an unwarranted focus on sexual topics or sexually suggestive statements. An environment may be hostile if unwelcome sexual behavior is directed specifically at an individual or if the individual merely witnesses unlawful harassment in his or her immediate surroundings. The determination of whether an environment is hostile is based on the totality of the circumstances, including such factors as the frequency of the conduct, the severity of the conduct, whether the conduct is humiliating or physically threatening, and whether the conduct unreasonably interferes with an individual's work. 4. Provisions: 4.1Prohibited Supervisory or Managerial Behavior: No supervisor, manager, or other authority figure shall condition any employment, employee benefit, or continued employment with the City of Diamond Bar on an applicant's or employee's acquiescence to any of the behavior defined above. No supervisor, manager, or other authority figure shall retaliate against any applicant, or employee, because that person has opposed a practice prohibited by this policy or has filed a complaint, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing conducted by an authorized investigator. 4.2 Behavior Prohibited by all Persons: No person in City Hall or any other City workplace shall create a hostile or offensive work environment for any other person by engaging in any discriminatory harassment or by tolerating it on the part of any employee. 83 No person in City Hall or any other City workplace shall assist any individual in doing any act that constitutes discriminatory harassment against any employee of the City of Diamond Bar. No person in City Hall or any other City workplace may retaliate against any employee because that person has opposed a practice prohibited by this policy or has filed a complaint, testified, assisted or participated in any manner in an investigation proceeding or hearing conducted by an authorized investigator. No person shall destroy evidence relevant to an investigation of harassment discrimination. 4.3 Obligations of Su ervisors/Mans ere: Any supervisory staff receiving a complaint of harassment, whether formal or informal or whether oral or written, or observing or otherwise being made aware of an incident of harassment, must inform the Human Resources Manager, Assistant City Manager or the City Manager of such complaint or incident. A copy of this policy shall be provided to all employees of the City of Diamond Bar. A copy of the information sheet on sexual harassment prepared by the Department of Fair Employment and Housing is available to all City of Diamond Bar employees upon request. The City of Diamond Bar shall periodically notify employees of the procedures for registering a complaint as well as available redress. Such notification shall occur through the normal channels of communication. The Human Resources office shall make available upon request information from the Department of Fair Employment and Housing and the Equal Employment Opportunity Commission about filing claims of sexual harassment with these entities. 84 4.4 Obligations of All Employees: On an annual basis all employees will be required to review the harassment policy and sign a form which acknowledges that they have read and understand the City of Diamond Bar's harassment policy and complaint procedure. All employees should report any conduct, which fits the definition of discriminatory harassment, to their immediate supervisor or appropriate authority figure. This includes conduct of non -employees, such as sales representatives or service vendors or harassing conduct toward such contractors. All persons should report to their supervisor, manager or the Human Resources Manager any instances of discriminatory harassment that they have directly observed, whether or not reported by the employee who is the object of the harassment. All employees shall cooperate with any investigation of any alleged act of discriminatory harassment conducted by the City of Diamond Bar or its agents. 4.5 Investigative Action: The City Manager's designee shall authorize the investigation or conduct the investigation of any incident of alleged discriminatory harassment reported to them. The investigation shall be conducted in a way that ensures, to the extent feasible, the privacy of the parties involved. The person designated to investigate shall immediately report in writing the findings of fact to the City Manager's Designee. The designee will determine whether the Policy has been violated and communicate the conclusion to the complainant. 85 Disciplinary action shall be decided in accordance with the City of Diamond Bar policy and after consultation with the City Manager's designee. Under no circumstances shall an employee of the City of Diamond Bar who believes that he or she has been the victim of discriminatory harassment be required to first report thatharassment to a supervisor or other authority figure if that person or authority figure is the individual who has done the harassing. Under no circumstances shall a supervisor, manager, or other authority figure retaliate in any way against an employee who has made a complaint or who has provided information as a witness to an incident of alleged harassment. All supervisors and managers are required to maintain confidentiality to the extent possible in communicating or investigating any claims of alleged harassment. 5. Complaint Form: The more time that passes after an incident of harassment, the more difficult it is to investigate. It is recommended that complaints be made as soon as possible. The initial report may be oral or written, but a written and signed statement will assist in the investigation process. Your notification to the City is essential. The City cannot respond to a harassment problem if the problem is not brought to our attention. You may be assured that you will not be penalized in any way for reporting discriminatory harassment or other harassment problems. Complaint forms are available in Human Resources or a written statement can be submitted but must include the following information: a. The employees name, department and Position title. 86 f] b. The name of the person or persons committing the harassment, including their title(s) if known. C. The specific nature of the harassment, how long it has gone on, and any employment action (demotion, failure to promote, dismissal, refusal to hire, transfer, etc.) taken against the victim as a result of the harassment (if applicable), or any other threats made against the victim as a result of the harassment. d. Witnesses to the harassment. e. Whether the victim previously has reported such harassment and, if so, when and to whom. 87 CITY OF DIAMOND BAR Harassment Complaint Form All complaints will be investigated in accordance with procedures detailed in the Harassment Policy. The City respects the employees/individuals right of confidentiality, however, disclosures may be done on a need to know basis. NAME: TITLE: DEPARTMENT: TODAY'S DATE: DATE OF OCCURRENCE(S): Please identify the individual who is doing the harassing/discriminating. Include name(s) and job title(s): Please detail the behavior which you are reporting - including all individuals involved, location, time, and any witnesses. If there are multiple occurrences, detail each. Describe the incident, the participants, the background to the incident and any attempts you have made to solve the problem. Be specific, i.e. detail actions, not attitudes or opinions — "he/she put their right hand on my left shoulder; not "he/she makes me feel uncomfortable": Please identify others who are aware of this behavior and how they are aware: 88 City of Diamond Bar Harassment Complaint Form Page 2 Please identify and provide any written documents relevant to this complaint, i.e. diaries, journals, letters, emails, etc.: Are you aware of others who have similar complaints? Is there a suggestion for resolution for this matter and/or a desired outcome? Was this harassment previously reported? yes no If checked "yes" above, state when and to whom: Thank you for providing as detailed information as you are able. Please attach copies of relevant documentation. You may use additional paper if necessary. You will be informed in writing of the results of the investigation. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Signature of Complainant 89 Date Section 3. Information Systems Usa e: (Reference Administrative Policy A-2, Information Systems Usage Policy) 1. Purpose: To establish guidelines for the use of information systems; including, but not limited to electronic mail (hereinafter "e-mail") and internet (hereinafter "internet") usage on the computer network and the telephones and voicemail (hereinafter "voicemail') system within the telephonic network of the City of Diamond Bar (hereinafter "City"). Application: This policy shall apply to all City employees, consultants, elected and appointed officials or other non -employees utilizing electronic communications with the City (hereinafter "users"). 3. Definitions: Information Systems — includes, but is not limited to, computers, electronic mail, internet, hardware, software, network infrastructure, telephones, cellular phones, two-way radios, and any and all other equipment associated with digital information. Internet or World Wide Web www - for the purposes of this policy, is defined as universal information retrieval system(s) which exist independent of any City information systems. E-mail - for the purposes of this policy shall refer to any electronic message automatically passed from one computer user to another. 4. Po, lice: All information systems, including the internet, e-mail, and telephone voicemail are business communication tools made available to City employees and consultants in order to enhance efficiency and effectiveness in the performance of their duties and are to be used in accordance with generally accepted business practices and current laws. Messages transmitted over either the internet, the e-mail system, sites visited, or voicemail messages are intended to be those which involve City business activities or contain information essential to users for the accomplishment of business-related tasks, and/or communication directly related to City business, administration, or practices. 5. Provisions: 5.1. General Use: 90 5.1.1. The City of Diamond Bar's internet and e-mail facilities shall not be used to violate the laws and regulations of the United States or any other nation, any state, city, or other local jurisdiction. 5.1.2. All internet and e-mail messages that are transmitted over or reside in the City's computer network are the property of the City and are subject to public requests for information. 5.1.3. All messages, calculations, e-mail, or data of any kind, filed on City hard drives or any other electronic storage media is a public record to the same extent hard copy documents are considered public record (in accordance with the California Public Records Act) and users have no expectation of privacy. 5.1.4. The internet and e-mail systems are not confidential systems since all transmissions on the systems are the property of the City. Therefore, the internet and e-mail systems are not appropriate for confidential communications. If a communication is considered to be private, an alternative method to communicate should be used. 5.1.5. The City reserves the right to monitor and record user internet and e-mail usage at any time. No user shall have any expectations of privacy as to his/her internet and e-mail usage. The City has software and systems in place that can and will monitor and record all usage for each and every user; including, but not limited to, all internal transmissions, World -Wide Web site visits, chats, newsgroups, and file transfers into and out of the City's internal network. City representatives may access, audit, and review all activity and analyze usage patterns, and may, for whatever reason, disclose this data to assure the City's telecommunications resources are devoted to maintaining the highest level of productivity. 5.1.$. Derogatory, defamatory, obscene, disrespectful, sexually suggestive, or in any other way inappropriate messages on the internet and/or e-mail system are prohibited and are a violation of this policy. Harassment in any form, sexual or ethnic slurs, and obscenities, or any representation of obscenities are prohibited and are a violation of this policy. Sending a copy of these types of offensive transmissions is prohibited and is a violation of this policy. 91 5.1.7, It is a violation of this policy to transmit a message under another user's name, reading others' e-mail messages, or accessing others' files. Any user who obtains a password or user identification must keep that password confidential; users shall not share user identification or passwords. It is the user's responsibility to maintain password security. If a user suspects someone else may know their password, it is the user's responsibility to change their password immediately. Users will log off of the City network at the end of each workday. 5.1.8. Users shall not operate a business through the City's Information Systems, e-mail, internet, or any bulletin boards. 5.1.9. Files which are to be shared by multiple users should be stored on the division file subdirectory on the designated share location. 5.1.10. All purchases of computer hardware or peripherals must be approved by the Manager of the Information Systems Division. 5.2 Internet Use: 5.2.1 Users shall not use City internet facilities to: 5.2.1.1 Download or distribute pirated software or data. 5.2.1.2 Deliberately propagate any virus or any other destructive programming. 5.2.1.3 Disable or overload any computer system or network, or attempt to download alternate browsing software from any ISP such as AOL, CompuServe, and the like to circumvent any system intended to protect the privacy or security of another user. 5.2.1.4 Download entertainment software or games, or play games against opponents over the internet. 5.2.1.5 Download images or videos unless there is an explicit business-related use for the material. 5.2.1.6 Upload any software licensed to the City or data owned or licensed by the City, without explicit authorization from the City Manager or his or her designee. 5.2.1.7 Commit infractions such as, but not limited to: misuse of City computer hardware, software or resources; sexual harassment; unauthorized public comments; or misappropriation or theft of intellectual property. 5.2.1.8 Release confidential City information. 92 5.2.2 All software downloaded via the Internet into the City network shall only be done with the approval of the Information Systems Division Depar4Fnent and shall become the property of the City. Any such files or software shall be used only in ways that are consistent with their copyrights or licenses. 5.2.3 The City retains the copyright to any material created or posted to any forum, newsgroup, chat or World -Wide Web page, by any user in the course of his or her duties. 5.2.4 Use of the internet connection during business hours shall be used exclusively for business purposes. Users may use their internet connection for non -business research or browsing during meal times, other breaks, or outside of work hours, providing all other usage policies are observed. 5.2.5 The City uses a variety of software and data to identify inappropriate or sexually explicit internet sites and will block access from within the City's network to all such sites that are known. If a user finds himself/ herself connected accidentally to a site that contains sexually explicit or offensive material, he/she shall disconnect from that site immediately, regardless of whether that site has been previously deemed acceptable by any screening or rating program, and immediately report the incident to the Manager of the Information Systems Division. Director. 5.2.6 The display of any kind of sexually explicit image or document on any City system is a violation of the City's Harassment Policy. In addition, sexually explicit material shall not be archived, stored, distributed, edited or recorded using the City's network computing resources. 5.2.7 Users shall not attempt to disable or circumvent any City security system. 5.2.8 Users should take reasonable care to prevent introduction or spread of computer viruses into or through the City's communication and information systems and equipment. The willful introduction of computer viruses, worms, Trojan horses, trap-door code and other disruptive andlor destructive programs into the City's computer systems or network is prohibited. 5.2.9 Users must not attempt to repair or resolve hardware or software failures, bugs, anomalies and/or problems themselves. These problems should be reported to the Manager of the Information Systems Division. 5.3 E-mail Use: 5.3.1 Users of e-mail are responsible for the management of their mailboxes. E-mail is not a permanent storage medium and users are expressly forbidden to use it as such. E-mail in -boxes, out - boxes, sent items, and deleted files shall be emptied on a regular 93 basis. E-mails intended to be retained must be copied and placed in an appropriate file. 5.3.2 Users are responsible for checking their mailbox on a regular basis during the workday for messages. Messages received shall be responded to promptly. 5.3.3 Incidental and occasional personal use of the e-mail system is permitted. Such personal communications should be limited to "reasonable" personal communications. "Reasonable" personal communications shall be subject to the interpretation of City management. 5.3.4 Remote access to e-mail shall only be permitted to Full-time Exempt staff. Full-time Exempt staff are exempt from the overtime requirements of the Fair Labor Standards Act; and therefore may access the e-mail system beyond the standard work day. Non- exempt staff, or those subject to overtime shall not access the e- mail system outside of the standard work day. 5.3.5 Since the e-mail system is not designed for the long-term retention of messages nor should be considered an electronic recordkeeping system for all categories of records E-mail that becomes part of an official record should be printed for filing with other program or project files. The originator of an e-mail message becomes the record copy holder. It is the responsibility of the user to determine if an e-mail message is an official record and is covered within the scope of the City's records retention schedule. 5.3.6 E-mail messages addressed to "City Staff" or other broad distribution shall only be used for items that are of particular interest to all users and must be related to City business. Personal advertisements are not acceptable and shall not be sent. 5.3.7 All e-mail messages, sent to and received by any and all users can be read by systems administrators and management staff and users have no expectation of privacy. The use of passwords does not constitute a message as being private or confidential or that the City will not retrieve it. The deletion of messages is no assurance that the City will not retrieve and read the messages at a future time. 5.3.8 E-mail shall not be used by either supervisors or employees to transmit any form of written reprimand or disciplinary action. 5.3.9 E-mail Etiquette: 5.3.9.1 Remember as a user you are representing the City through your communications both internally and externally, and it is critical that you maintain a positive image for both yourself and the City. 5.3.9.2 Users must be certain that messages are addressed to the proper person. Check the list of persons being E-mailed when choosing a REPLY ALL function. 94 5.3.9.3 Capitalize words only to emphasize an important point or to distinguish a title or heading. Capitalizing whole words that are not titles is generally interpreted as shouting. 5.3.9.4 Users should be professional and careful of what they say about others. E-mail is easily forwarded and blind copied. 5.3.9.5 Be cautious when using sarcasm and humor. Without face to face communication, humor may be viewed as criticism. By the same token, also carefully read what others write. The perceived tone may easily be misinterpreted. 5.3.9.6 Some E-mail messages, especially those written in "the heat of the moment," are best unsent. Users should think twice before sending angry or sarcastic messages or using E-mail to "let off steam." 5.4 Telephone and Voicemail Use 5.4.1 It is the primary responsibility of all users to answer the telephones. 5.4.2 Telephones and voicemail are intended for business-related purposes. 5.4.3 All telephonic equipment is the property of the City. The City has the right to retrieve and make proper and lawful use of any and all communications transmitted through the voicemail system. 5.4.4 Voicemail shall never be used as a substitute to answering a City telephone during work hours. 5.4.5 Personal non -toll calls may be made during breaks or after work hours. 5.4.6 Telephone and Voicemail Etiquette 5.4.6.1 All telephones must be answered before the third ring 5.4.6.2 Greeting a caller shall contain the "City of Diamond Bar" or "Department or Division name" and "User name". 5.4.6.3 Users are to be courteous, respectful, and attentive while on the telephone. 5.4.6.4 Users shall take notes or use the record feature during the call to avoid requesting the same information a second time. 5.4.6.5 Irate callers shall be treated with special care. Users should attempt to identify their chief complaint quickly. 5.4.6.6 Calls should be aborted only if the caller refuses a request to refrain from using abusive or profane language. 95 5.4.6.7 When transferring a call, the user shall explain to the caller why the call is being transferred. 5.4.6.8 Voicemail greetings shall contain the staff member's name the department or program name and an indication that by pressing "zero" the caller will be transferred to another staff member able to provide immediate assistance. 5.4.6.9 Voicemail messages shall be programmed so that when a caller presses "zero" the call is transferred to the department designated staff member. The designated staff member shall program their voicemail so that a call is transferred to the main City receptionist when the caller presses "zero". 5.4.6.10 If an extended absence is expected, including a scheduled 9180 day, an alternate secondary message shall be prepared. The length of the absence and the anticipated return to the office as well as the information included in the standard primary greeting shall be recorded in the alternate secondary outgoing message. 5.5 Prohibited Use of Voicemail 5.5.1 Voicemail messages that disrupt or threaten to disrupt the efficient operation of City business or administration are prohibited. This includes, but is not limited to: 5.5.1.1 Messages that publicize a personal dispute other than recording an approved grievance or complaint procedure. 5.5.1.2 Messages that constitute or counsel insubordination. 5.5.1.3 Messages that may threaten to harm close working relationships. 5.5.1.4 Messages that contain abusive or profane language. 5.5.1.5 Messages that may take employees away from their assigned tasks. 5.5.1.6 Messages that include confidential City materials or information. 5.5.1.7 Messages that are sent anonymously or under a fictitious name. 5.5.2.1 Voicemail messages that violate law, violate individual rights, create potential liability for the City or that violate public policy of the State of California are prohibited. These messages include, but are not limited to: 5.5.2.1 Messages which are pornographic or obscene. 96 5.5.2.2 Messages in conflict with the City's Harassment Policy or any other policy prohibiting discrimination, including harassment, on the basis of race, color, religion, sex, national origin, ancestry, age, physical disability, mental disability, medical condition, veteran status, marital status, sexual orientation, or any other status protected by local, state, or federal law. 5.5.2.3 Messages that involve the use of racial, religious, or ethnic slurs. 5.5.2.4 Messages intended to harass or annoy. Section 6. Workplace Substance Abuse Prevention Policy: (Reference Administrative Policy P-9, Workplace Substance Abuse Prevention Policy) Purpose: The purpose of this policy is to provide guidelines for all employees to effectively deal with substance abuse and its effects in the workplace. Employees are expected to be in suitable mental and physical condition, perform their jobs satisfactorily, and behave appropriately. Should the use of alcohol or drugs interfere with these expectations, employees may be offered rehabilitative assistance. Failure to meet these expectations could result in disciplinary action. b. Polis: It is the City's policy that employees shall not be under the influence of or in unlawful possession of alcohol or illegal drugs while on City property, at work locations, or while on duty; shall not utilize such substances when they are assigned to be on call for duty; shall not possess, provide or sell illegal drugs to any other employee or to any person while on duty; nor have their ability to work impaired as a result of the use of alcohol or illegal drugs. While use of medically prescribed medications and drugs is not per se a violation of this policy, the employee must notify his/her supervisor, before beginning work, when taking medication or drugs (including the possible effects of taking such medication or drugs) which the employee believes may interfere with the safe and effective performance of duties or operation of equipment. In the event there are questions regarding an employee's ability to safely and effectively perform assigned duties while using such medication or drugs, clearance from their physician may be required. City employees are prohibited form drinking alcoholic beverages during working hours (including lunch hours and breaks), while on City premises at any time, while driving a City vehicle during regular working hours, while on official City business. The consumption of alcohol by City employees may be allowed only at designated City facilities, during certain special City functions and with prior authorization by the City Manager. 97 All City premises and City vehicles shall be subject to a random drug search(es) without notice at any time. Employees with drug or alcohol problems are encouraged to seek assistance. Seeking assistance for such a problem before a positive drug and alcohol test will not jeopardize an employee's job. C. Employee Responsibilities An employee must: 1. Not report to work while "under the influence of drugs or alcohol"; NOTE: "Under the influence of drugs or alcohol" means: the use of any alcoholic beverage or any illegal drug or substance, or the misuse of any prescribed drug, in a manner and to a degree that impairs the employee's work performance or ability to use City property or equipment safely. 2. Notify his/her supervisor, before beginning work, when taking any medications or drugs, prescription or nonprescription, which may interfere with the safe and effective performance of duties or operation of City equipment. 3. Not possess or use alcohol or impairing drugs (illegal drugs and prescription drugs without a prescription) during working hours, rest periods, or at anytime while on City property; 4. Not directly or through a third party sell or provide drugs or alcohol to any person, including any employee, while either employee or both employees are on duty; 5. Immediately complete and sign a consent form (see drug testing prerequisite) and submit to an alcohol and drug test when requested to do so by the employee's supervisor or manager. 6. Provide within 24 hours of request bona fide verification of a current valid prescription for any potentially impairing drug or medication identified when a drug screen/test is positive. The prescription must be in the employee's name. 7. Report any conviction under a criminal drug statute to the City Manager within five (5) days of such conviction. d. Procedure: When an employee's supervisor and a second employee or supervisor observe an employee's actions that lead them to reasonable suspicion to believe that an employee may be under the influence of alcohol and/or narcotics, that employee may be directed to a City designated medical evaluation. This medical evaluation will be conducted in order to determine if in fact that employee has evidence of alcohol and/or drugs in his/her system. 98 Reasonable suspicion may be justified by one or a combination of any of the following indicators: Bloodshot or watery eyes Slurred speech Alcohol on breath Physical and/or verbal altercation Inability to walk a straight line An accident involving City property Possession of drugs or alcohol Frequent absenteeism Confusion/difficulty in concentration Noticeable change in behavior If reasonable suspicion pertaining to the use of drugs and/or alcohol by an employee is determined during normal working hours, the following steps shall be followed to facilitate the medical evaluation process: 9!9P-11: The supervisor shall contact the Human Resources Office at the earliest available opportunity to discuss the event(s) which led to a belief that an employee acted intoxicated or under the influence of drugs. At that time, it will be determined whether or not sufficient facts exist to indicate that drug or alcohol testing may be appropriate. The Human Resources Manager will make arrangements with the medical facility to conduct appropriate drug and/or alcohol tests. The supervisor shall inform his/her department head of this situation. Refusal by an employee to submit immediately to an alcohol and/or drug analysis when directed to do so may constitute insubordination and may be grounds for discipline up to and including termination. The actual type of testing including possible urine or blood screens, will be determined by the physician. Step 2: The supervisor, or his or her designee, shall personally drive the employee to the medical facility and wait for the test to be completed. Step 3: The employee will then be transported home or, in appropriate situations, to a hospital as deemed necessary by the doctor. The employee will continue receiving pay during this time and disciplinary action will not be administered unless the test results are positive and confirmed. Information obtained through this testing will be treated with strict confidentiality._ 99 Step 4: If the employee is found to have alcohol or drugs in his/her system, the supervisor shall meet with the employee to give the employee an opportunity to explain. The supervisor shall encourage the employee to seek professional assistance in dealing with any drug or alcohol problem. The employee's medical group may provide the needed drug/alcohol counseling. Also, the City can provide a referral for an employee who is seeking professional assistance in the matter. Should an incident arise after normal work hours (i.e., overtime, official City business, etc.), the above procedures should be followed with the exception of contacting the Human Resources Office. The substance Abuse Prevention Policy of the City of Diamond Bar is not intended to be, and shall not be used as a tool for harassing any employee or group of employees. When employees are required to submit to testing for suspected substance abuse, it shall be only for good, proper, and reasonable cause. d. Documentation: Records pertaining to job performance, attendance, and behavior shall be maintained in the employee's personnel file. Records related to a drug or alcohol test or any medical diagnosis will be kept in a separate file. e. Disciplinary Action: The City views the use, possession, transfer, or sale of alcohol or drugs in violation of this policy a very serious violation and may subject the employee to disciplinary action up to termination in accordance with Diamond Bar's Personnel Rules and Regulations. If an employee drug tests show a positive result of alcohol and/or drugs two (2) times in a twelve (12) month period, termination will result. Follow: Should the results of an employee drug test be positive, the following steps shall occur: 100 1. The department director will have a discussion with Human Resources to determine the type of disciplinary action, if any, which would be most suitable or to evaluate an alternative to discipline. Should the results of the drug testing be negative: 1. The employee is free to return to the workplace and assume his or her regular job duties. 2. No further action will be taken. Section 7. Policy Against Retaliation a. Police: It is the policy of the City to prohibit the taking of any adverse employment action against those who in good faith report, oppose, or participate (as witnesses or accused) in investigations into complaints of alleged violations of City policy or state or Federal law in retaliation for that reporting, opposition, or participation. Disciplinary action, up to and including termination, will be taken against an employee or officer who is found to have violated this policy. Any elected official or contractor who violates this Policy Against Retaliation will be subject to appropriate sanctions. b. Policy Coverage: This Policy Against Retaliation prohibits City officials, officers, employees, or contractors from retaliating against applicants, officers, officials, employees, or contractors because of any of the protected activity as defined herein. C. Definitions: 1) "Protected activity" includes any of the following: • Filing a complaint with a federal or state enforcement or administrative agency. • Participating in or cooperating with a federal or state enforcement agency that is conducting an investigation of the City regarding alleged unlawful activity. • Testifying as a party, witness, or accused regarding alleged unlawful activity. • Associating with another employee who is engaged in any of the protected activities enumerated here. • Making or filing an internal complaint with the City regarding alleged unlawful activity. • Providing informal notice to the City regarding alleged unlawful activity. 101 2) "Adverse action" includes any of the following: • Real or implied threats of intimidation to attempt or prevent an individual from reporting alleged wrongdoing or because of protected activity. • Refusing to hire an individual because of protected activity. • Denying promotion to an individual because of protected activity. • Taking any form of disciplinary action because of protected activity. • Issuing a poor evaluation because of protected activity. • Extending a probationary period because of protected activity. • Altering work schedules or work assignments because of protected activity. d. Complaint Procedure: An applicant, employee, officer, official, or contractor who feels he or she has been retaliated against in violation of this Policy should immediately report the conduct according to the City's Harassment Complaint procedure so that the complaint can be resolved fairly and quickly. 102 CITY COUNCIL Agenda # 7-1 Meeting Date: May 2, 2006 AGENDA REPORT TO: Honorable Mayor and Members of e City Council VIA: Linda C. Lowry, City Manager TITLE: CONSIDERATION OF A MODIFICATION TO CONDITION NO. 5.A 3 OF CITY COUNCIL RESOLUTION NO. 2005-60 APPROVING CONDITIONAL USE PERMIT NO. 2004-01, DEVELOPMENT REVIEW NO. 2004-19, AND VARIANCE NO. 2004-02 FOR COUNTRY HILLS TOWNE CENTER: 1) TO ALLOW ISSUANCE OF A BUILDING PERMIT FOR THE TWO-STORY RETAIL/OFFICE BUILDING BEFORE THE RENOVATION OF THE EXISTING BUILDINGS; AND 2) TO ALLOW THE ISSUANCE OF A BUILDING PERMIT FOR THE THREE-STORY MEDICAL OFFICE BUILDING BEFORE THE OCCUPATION AND OPERATION OF THE MARKET. RECOMMENDATION: The Planning Commission recommends approval of a modification to Condition No. 5.A 3 of Resolution No. 2005-60 approving Conditional Use Permit No. 2004-01, Development Review No. 2004-19 and Variance No. 2004-02 for Country Hills Towne Center. This modification allows the applicant to: 1) receive a building permit for the two-story office building before renovation of the existing buildings, and 2) receive a building permit for the three-story medical office building before the occupation and operation of the market. Upon conclusion of the public hearing the City Council may approve the modification to Condition No. 5.A 3 of Resolution No. 2005-60 as recommended by the Planning Commission, modify the proposed amendment, or deny the request and keep the existing conditions in place. FISCAL IMPACT: The renovation of the shopping center with a new supermarket and the increase in new retail stores and restaurants would have a projected sales tax of approximately $300,000 for the City according to the applicant. The projected sales tax is based on the total square footage of retail, restaurants, and Rite Aid. Approval of the modification to the conditions of approval would allow the project to be completed earlier and, as a result, allow the City to receive sales tax from the project sooner. BACKGROUND/DISCUSSION: At the March 28, 2006 Planning Commission meeting, the applicant made a presentation to the Commission, where he stated the reason for the request is to allow the shopping center renovation to proceed as quickly as possible and to minimize tenant displacement during the construction period. The applicant explained that the modification request changes the timing of the construction by allowing building permits to be issued for the two-story office building after the plans for the market building, inline retail and restaurant buildings are submitted for plan check and the building permits issued for the three-story building before occupancy and operation of the market. The market tenant would be required to be in place and operating prior to the issuance of a certificate of occupancy for the three-story office building. The specific changes in conditions are shown in the table below: Existing condition components Revised condition components The renovations of the existing The market building, the inline retail buildings from the market tenant and restaurant buildings, and the drive- through the retail building to the through cafe building shall be building with the new drive- submitted for plan check prior to through cafe shall be issuance of building permits for the completed prior to issuance new two-story and three-story of building permit for the new buildings. two story building. The market building, the inline retail and restaurant buildings and the drive- through cafe buildings shall be in substantial construction prior to release of occupancy of the new two- story building. Substantial construction shall mean tower elements are framed and ready for applying surface materials such as stucco and stone veneer. The market tenant shall occupy the The market tenant shall occupy building and be in operation prior to the building and be in operation issuance of a certificate of prior to issuance of building occupancy for the new three story permit for the new three story building building. The Commission expressed concern for the safety of the shoppers and disruption of the existing tenants during the construction period. City staff explained to the Commission that 2 the safety of the tenants would be taken into consideration at the time the construction phasing plan is submitted to the City. The Commission discussed the applicant's timeline for completing construction for the project to determine how the modification would make the construction to proceed more quickly. The applicant stated that projected completion date under the original condition would be in 2008- 2009. With the proposed modification, the expected completion date was projected to be the end of 2006 or the end of 2007. The applicant explained that the modification will allow building permits to be issued sooner for the two-story and three-story buildings and allow for tenants to be temporarily located in the two-story building during construction. He explained that it was difficult to predict the exact completion date of the project. Although the applicant has control of the exterior improvements, he would not have control of the interior improvements completed by the tenants, particularly the market tenant. The Commission agreed that the modification would have a positive benefit for the applicant and for the existing tenants by allowing construction to begin earlier on the two-story building. At the conclusion of the public hearing, the Commission recommended that the City Council approve the modification to the original conditions of approval. NOTICE OF PUBLIC HEARING: On April 7, 2006, notice of public hearing for this project was published in the Inland Valley Daily Bulletin and the San Gabriel Valley Tribune. in addition, public hearing notices were mailed to approximately 332 property owners within a 700 -foot radius of the project site. Further, the project site was posted with a display board and the public hearing was posted in three public places. Prepared By Nancy Fong, AICP Interim Community Development Director Attachments: Reviewed By David Doyle Assistant City Manager 1. Draft Resolution of approval for modification to condition no. 5.A(3) of City Council Resolution No. 2005-06 approving Conditional Use Permit No. 2004-01, Development Review No. 2004-19 and Variance No. 2004-02 2. March 28, 2006 Planning Commission Staff Report and Minutes 3. Planning Commission Resolution No. 2006-13 3 CITY COUNCIL RESOLUTION NO. 2006 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING A MODIFICATION TO CONDITION NO. 5.A(3) OF CITY COUNCIL RESOLUTION NO. 2005-60 APPROVING CONDITIONAL USE PERMIT NO. 2004-01, DEVELOPMENT REVIEW NO. 2004-19 AND VARIANCE NO. 2004- 01 TO THE CITY COUNCIL. A. RECITALS The applicant, Michael McCarthy of Country Hills DB, LLC, has filed an application for a Modification to condition no. 5.A(3) of City Council Resolution No. 2005-60 approving Conditional Use Permit No. 2004-01, Development Review No. 2004-19 and Variance No. 2004-01 as described in the title of this Resolution. Hereinafter in this Resolution, the subject request to modify the conditions of approval of City Council Resolution No. 2005-60 shall be referred to as the "Application." 2. On March 17, 2006, public hearing notices were mailed to approximately 332 property owners within a 700 -foot radius of the project site. In addition, the project site was posted with a display board and the public notice was posted in three public places. Furthermore, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 3. At the public hearing of March 28, 2006, the Planning Commission of the City of Diamond Bar reviewed the Application, received additional public testimony and concluded said hearing on that date. 4. On April 7, 2006, public hearing notices were mailed to approximately 332 property owners within the 700 -foot radius of the project site. On April 7, 2006, the project site was posted with a display board and the public notice was posted in three public places. Furthermore, notification of the public hearing of this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 5. On April 18 and continued to May 2, 2006, the City Council of the City of Diamond Bar conducted duly noticed public hearings, received public testimony and concluded the public hearing. 6. All legal prerequisites prior to the adoption of this Resolution have occurred. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the City Council of the City of Diamond Bar as follows: 1. This City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to the City Council during the above referenced meeting on April 18 and May 2, 2006, including written and oral staff reports, this City Council hereby specifically finds as follows: (a) The Application applies to property generally located on the west side of Diamond Bar Boulevard between Fountain Springs Road and Cold Springs Lane. The site is fully developed except for a small piece of graded pad at the north side of the site. (b) To the north and south of the property are existing single-family residential areas. To the west of the property are the existing Brea Canyon Channel and single family residential area. To the east of the property is an existing condominium complex. (c) The General Plan land use designation for the site is Commercial and the Zone is Community Commercial. (d) The Application is in conformance with the General Plan, the Development Code, and the Design Guidelines. (e) The Application will not be detrimental to the health, safety, or welfare or materially injurious to properties and improvements in the vicinity. (f) The Application has been reviewed pursuant to the provisions of the California Environmental Quality Act (CEQA) section 15070. A Mitigated Negative Declaration was approved for the project on December 6, 2005. 3. Based on the findings and conclusions set forth herein, this City Council hereby finds as follows: Conditional Use Permit (a) The proposed use is allowed within the subject zoning district with approval of a conditional use permit and complies with all other applicable provisions of this development code and the Municipal Code. VA The proposed modification to City Council Condition No. 5.A(3) will result in a change in the timing of the project construction schedule and will not the change the use as approved by City Council Resolution 2005-60. Therefore, the proposed modification is consistent with the subject zoning and complies with the zoning district and all other applicable provisions of the development code and Municipal Code. (b) The proposed use is consistent with the General Plan and the Development Code. The proposed modification to City Council Condition No. 5.A(3) will result in a change in the timing of the project construction schedule and will not the change the use as approved by City Council Resolution 2005-60. Therefore, the proposed modification not affect the project's consistency with the General Plan and Development Code. (c) The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. The proposed modification to City Council Condition No. 5.A(3) will result in a change in the timing of the project construction schedule and will not the change the use as approved by City Council Resolution 2005-60. Therefore, the proposed modification not affect the design, location, size and operating characteristics of the uses approved under City Council Resolution No. 2005-60. (d) The subject site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses and the absence of physical constraints. The proposed modification to City Council Condition No. 5.A(3) will result in a change in the timing of the project construction schedule and will not the change the project approved by City Council Resolution 2005-60. Therefore, granting the modification not affect the physical suitability of the project for the proposed site. (e) Granting the conditional use permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located. 3 Granting the modification will not be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located. Granting this modification will improve the operation of the existing businesses by allowing them to relocate into the new two-story building while construction is taking place and will ensure that all of the project improvements approved under City Council Resolution No. 2005-60 will be completed in a timely manner. (f) The proposed project has been reviewed in compliance with the provisions of the Californian Environmental Quality Act (CEQA) 15070. A Mitigated Negative Declaration for the project was previously approved by the City Council. The granting of the modification will not change the project description or cause additional environmental impacts over those reviewed in the approved Mitigated Negative Declaration. Development Review (g) The design and layout of the proposed development are consistent with the general plan, development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g. theme areas, specific plans, community plans, boulevards or planned developments). The proposed modification to City Council Condition no. 5.A(3) will not change the design and layout of the proposed project, the design of the facade for the existing buildings as approved under City Council Resolution No. 2005-60 and, therefore, is consistent with the General Plan, Development Code and Design Guidelines. (h) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future developments, and will not create traffic or pedestrian hazards. The proposed modification to City Council Condition No. 5.A(3) will result in a change in the timing of the project construction schedule and will not affect the design and layout of the project approved by City Council Resolution 2005-60. Therefore, the proposed modification will not interfere with the use and enjoyment of neighboring existing or future developments, and will not create traffic or pedestrian hazards. (i) The architectural design of the proposed development is compatible 4 with the character of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by this chapter, the general plan, or applicable specific plan. The proposed modification will not result in a change to the architectural design of the development project approved by City Council Resolution No. 2005-60. (j) The design of the proposed development will provide a desirable environmental for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, textures and color and will remain aesthetically appealing. The proposed modification will not result in a change to the architectural design of the development project approved by City Council Resolution No. 2005-60. Therefore, the proposed modification will not conflict with the requirement to provide a desirable environment for occupants and visiting public. (k) The proposed development will not be detrimental to the public health, safety or welfare or materially injurious (e.g., negative effect on property values or resale(s) of property) to the properties or improvements in the vicinity. The proposed modification to City Council Condition No. 5.A(3) will result in a change in the timing of the project construction schedule that will allow the continued operation of the existing on-site business with less disruption from the proposed construction. Therefore, the proposed modification will not be detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. (1) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA)15070. A Mitigated Negative Declaration was approved for the project on December 6, 2005, finding that with mitigation the project, with the implementation of mitigation measures, will not result in potentially significant impact to air quality, cultural resources, hazardous materials, noise and traffic/transportation. The proposed modification will not change the approved project description or create additional environmental impacts. Variance 5 (m} There are special circumstances applicable to the property (e.g., location, shape, size, surroundings, topography, or other conditions), so that the strict application of the City's Development Code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts or creates an unnecessary and non -self created, hardship or unreasonable regulation which makes it obviously impractical to require compliance with the development standards. The proposed modification will result in a change in the timing of construction of the approved project and will not change the circumstances applicable to the site or the project description. Therefore, proposed modification will not be contrary to the finding that there are special circumstances applicable to the property as determined by City Council Resolution No. 2005-60. (n) Granting the Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning districts and denied to the property owner for which the Variance is sought. The proposed modification will result in a change in the timing of construction of the approved project and will not change the project description. Therefore, proposed modification will not be contrary to the finding that the variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning districts and denied to the property owner for which the Variance was granted. (o) Granting the Variance is consistent with the General Plan and any applicable specific plan. The proposed modification will result in a change in the timing of construction of the approved project and will not change the project description or the circumstances applicable to the site. Therefore, granting of the modification will not be contrary to the finding that the variance is consistent with the General Plan. The project area does not have a specific plan. (p) The proposed entitlement would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. Approval of the Modification affects only the timing of the construction and not the circumstances which warranted the variance. Therefore, the proposed modification would not be detrimental to the public interest, health, safety, convenience, or welfare of the City because the proposed project is required to comply with all conditions within the approved resolution and the assurance is through the plan check, permit and inspection process. (q) The proposed entitlement has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA)15070. A Mitigated Negative Declaration was approved for the project on December 6, 2005, finding that the project, with the implementation of mitigation measures, will not result in potentially significant impact to air quality, cultural resources, hazardous materials, noise and traffic/transportation. The proposed modification will not change the approved project description or create additional environmental impacts. 4. Based on the findings and conclusions set forth above, the City Council hereby recommends approval of the following revision to City Council Condition No. 5.A(3) approved under and subject to all of the other Special Conditions, Standard Conditions, and Mitigated in attached City Council Resolution No. 2005-60: A. General/Planning Division (3) The market building, the inline retail and restaurant buildings, and the drive-through cafe building shall be submitted for plan check prior to issuance of permits for the new two-story and three-story buildings. The market building, the inline retail and restaurant buildings and the drive-through cafe buildings shall be in substantial construction prior to release of occupancy of the new two-story building. Substantial construction shall mean tower elements are framed and ready for applying surface materials such as stucco and stone veneer. The market building shall be occupied and in operation and all site improvements completed prior to release of occupancy for the three-story building. The City Council shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Country Hills, DB LLC, 9595 Wilshire Boulevard, Suite 214, Beverly Hills, CA 90212. 7 M APPROVED AND ADOPTED THIS 2nd DAY OF MAY 2006, BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR. Carol Herrera, Mayor I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the City Council of the City of Diamond Bar, at a regular meeting of the City Council held on the 2nd day of May 2006, by the following vote: AYES: Council Members: NOES: Council Members: ABSENT: Council Members: ABSTAIN: Council Members: ATTEST: Tommye Cribbins, City Clerk City of Diamond Bar W PLANNING COMMISSION AGENDA REPORT 21825 COPLEY DRIVE — DIAMOND BAR, CA 91765 -- TEL. (909) 839-7030 — FAX (909) 861-3117 www.CityotbiamondBancom AGENDA ITEM NUMBER: MEETING DATE: REPORT DATE: CASE/FILE NUMBER: PROJECT LOCATION: APPLICATION REQUEST - PROPERTY OWNERS: 7.4 March 28, 2006 March 14, 2006 Conditional Use Permit No. 2004-01(1) West side of Diamond Bar Boulevard, between Cold Springs Lane and Fountain Springs Road To modify conditions of City Council Resolution No. 2005-60 approving Conditional Use Permit No. 2004-01, Development Review No. 2004-19, and Variance No. 2004-01 to allow: 1. Issuance of a building permit for the two-story retail/office building before the renovation of the existing buildings; and 2. The issuance of a building permit for the three-story medical office building before the occupation and operation of the market Country Hills, DB LLC 9595 Wilshire Boulevard, Suite 214 Beverly Hills, CA 90212 APPLICANT: Michael McCarthy MCC Realty Management 9595 Wilshire Boulevard, Suite 214 Beverly Hills, CA 90212 STAFF RECOMENDATION: Recommend for approval to the City Council BACKGROUND: At the November 8, 2005, public hearing, the Planning Commission recommended approval of Conditional Use Permit No. 2004-01, Development Review No. 2004-19, and Variance No. 2004-02 to the City Council for renovation of an existing shopping center and construction of two new buildings on a site located at the intersection of Cold Springs Road and Diamond Bar Boulevard. At the December 6, 2005, public hearing, the City Council adopted Resolution No. 2005-60 approving the project. The Conditional Use Permit approved the renovation of a 45,031 -square -foot supermarket building, 21,400 -square -foot Rite Aide, and 65,154 square feet of in- line buildings for retail and restaurant uses with outdoor dining. The Conditional Use Permit also approved the conversion of an existing building to allow for a new drive- through cafe, demolition of an existing child care center and a retail building at the south side of the site to allow for the construction of a new 49,100 -square -foot three- story medical office building in the same location. Lastly, the Conditional Use Permit approved construction of a 12,408 -square -foot two-story building for office and restaurant uses on the vacant pad at the north side of the site. Variance No. 2004-02 allowed an increase of the height of the proposed towers of the main building from the maximum 35 feet up to 49 feet. Development Review was approved for the project layout, landscaping, design of the facade renovation on the existing main building, the architectural design of the two-story office restaurant building, and the architectural design of the three-story medical/office building. For more information, see the attached Planning Commission and City Council staff reports. ANALYSIS: A. Proposed Amendment: The applicant is proposing to amend Condition No. 5.A (3) of City Council Resolution No. 2005-60. The condition was placed in the resolution to ensure that the anchor market space was occupied before start of construction of the new buildings. The applicant proposes to modify the condition to remove the timing constraints for construction of the two-story office/restaurant building and allow issuance of building permits for construction of the three-story building once the market tenant submits plans for interior remodel. He stated that removing the timing constraints would allow him to relocate existing tenants into the two-story building during renovation of the main in-line building and to speed up the development process to allow completion of the project in 2007. Staff believes that the request to allow construction of the two-story office building before completion of the facade renovation is reasonable. This would allow for less disruption of the operation of businesses of the existing tenants during the construction process. However, staff recommends that the renovation of the existing buildings from the market tenant through the retail 2 building to the building with the new drive-through cafe should be substantially complete before issuance of the final Certificate of Occupancy for the market. Staff recommends that Condition No. 5.A (3) be revised as follows: Existing condition components Revised condition components The renovations of the existing The market building, the inline retail buildings from the market tenant and restaurant buildings, and the drive- through the retail building to the through cafe building shall be submitted building with the new drive- for plan check prior to issuance of through cafe shall be completed permits for the new two-story and prior to issuance of building three-story buildings. permit for the new two story building. The market building, the inline retail and restaurant buildings and the drive- through cafe buildings shall be in substantial construction prior to release of occupancy of the new two-story building. Substantial construction shall mean tower elements are framed and ready for applying surface materials such as stucco and stone veneer. The market tenant shall occupy The market building shall be occupied the building and be in operation and in operation and all site prior to issuance of building improvements completed prior to permit for the new three story release of occupancy for the three-story building. building. Staff believes that the revised condition will allow the existing tenants to occupy the two-story building during construction and allow the construction of the three-story building to begin sooner. At the same time, the revised condition of approval will ensure that the proposed facade and site improvements will be completed and market occupied before the occupancy of the three-story building. B. Environmental Review: The City Council approved a Mitigated Negative Declaration for this project on December 6, 2005. The proposed Modification to the conditions of approval will not create additional environmental impacts over those reviewed in the Mitigated Negative Declaration and will not change the project description from that in the approved Mitigated Negative Declaration. 3 NOTICE OF PUBLIC HEARING: On March 17, 2006, notice of public hearing for this project was published in the Inland Valley Daily Bulletin and the San Gabriel Valle Tribune. In addition public hearing notices were mailed to approximately 332 property owners within a 700 -foot radius of the project site. Further, the project site was posted with a display board and the public hearing was posted in three public places. RECOMMENDATION: Staff recommends that the Planning Commission conduct a public hearing to review the project and upon conclusion of the public hearing, forward a recommendation of approval to the City Council through the adoption of the attached resolution. Prepared by: Sandra Campbell Senior Contract Planner Attachments: 2. 3. 4. 5. Reviewed by: Nancy Fong, AICP Interim Community Development Director Draft Amended Resolution Recommending Approving Conditional Use Permit No. 2004-01, Development Review No. 2004-19, and Variance No. 2004-01 to City Council. Planning Commission Agenda Report dated November 8, 2005. City Council Resolution No. 2005-60 approving Conditional Use Permit No. 2004-01, Development Review No. 2004-19, and Variance No. 2004-01. Exhibit "A" — Development Plans Exhibit "B" — Proposed Mitigation Program 4 MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION MARCH 28, 2006 CALL TO ORDER: Chairman McManus called the meeting to order at 7:05 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Vice Chairman Nelson led the Pledge of Allegiance. I. 4. 5 6. ROLL CALL: Present: Commissioners Ron Everett, Kwang Ho Lee, Chairman Joe McManus, Vice Chairman Steve Nelson and Tony Torng. Also present: Nancy Fong, Interim Community Development Director; Sandra Campbell, Contract Senior Planner; David Alvarez, Planning Intern; and Stella Marquez, Senior Administrative Assistant; and Gregg Kovacevich, Assistant City Attorney. MATTERS FROM THE AUDIENCEIPUBLIC COMMENTS: None Offered. APPROVAL OF AGENDA: Chair/McManus announced that Agenda Item 7.3 would be continued to April 11, 2006. CONSENT CALENDAR: 4.1 Minutes of the Regular Meeting of March 14, 2006. C/Everett moved, CILee seconded, to approve the minutes of March 14, 2006 as corrected. Motion carried by the following Roll Call vote: AYES: NOES: ABSENT: 5. OLD BUSINESS: 6. NEW BUSINESS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: None None Everett, Lee, Torng, VC/Nelson, Chair/McManus None None MARCH 28, 2006 PAGE 2 7. CONTINUED PUBLIC HEARINGS: PLANNING COMMISSION 7.1 Development Review No. 2006-08 — In accordance with Chapter 22.48, this was a request to remodel and construct an addition of approximately 780 square feet of habitable space, deck, covered patio and an additional one - car garage to an existing single-family residence of approximately 2,730 square feet with an existing two -car garage. PROJECT ADDRESS: 409 EI Encino Drive (Tract 27532, Lot 4) Diamond Bar, CA 91765 PROPERTY OWNER/ Albert Luong, APPLICANT: 409 EI Encino Drive Diamond Bar, CA 91765 ICDD1Fong presented staff's report and recommended Planning Commission approval of Development Review No. 2006-08, Findings of Fact, and conditions of approval as listed within the resolution. Albert Luong thanked staff for their assistance in preparing for the remodel and asked for Commission approval. ClEverett asked if Mr. Luong understood the condition regarding the driveway and whether it was acceptable to him and Mr. Luong responded that it would be no problem because he intended to enlarge the driveway. ClTorng said he liked the plan and thanked the applicant for submitting his proposal. Chair/McManus opened the public hearing. With no one present who wished to speak on this item, Chair/McManus declared the public hearing closed. C/Torng moved, C/Lee seconded to approve Development Review No. 2006-08, f=indings of Fact, and conditions of approval as listed within the resolution. MARCH 28, 2006 PAGE 3 PLANNING COMMISSION AYES: NOES: ABSENT: COMMISSIONERS: COMMISSIONERS COMMISSIONERS Torng, Lee, Everett, VC/Nelson, Chair/McManus None None 7.2 Development Review 2006-07 and Minor Conditional Use Permit No. 2006-03 — In accordance with Chapter 22.48 this was a request for approval of plans to construct a first and second story addition of approximately 829 square feet to an existing one-story single family residence of 1,280 square feet. PROJECT ADDRESS: 2605 Rising Star Drive (Lot 9, Tract 25990) Diamond Bar, CA 91765 PROPERTY OWNER: Steven and Luzmaria Babbitt 2605 Rising Star Drive Diamond Bar, CA 91765 APPLICANT: Landmarks Design Charles Krausman 515 W. Commonwealth Avenue, Suite 211 Fullerton, CA 92832 PI/Alvarez presented staff's report and recommended Planning Commission approval of Development Review 2006-07 and Minor Conditional Use Permit 2006-03, Findings of Fact, and conditions of. approval as listed within the resolution. PI/Alvarez responded to C/Everett that the applicant would remain in the dwelling and would install the proper safety fencing during the construction period. PI/Alvarez confirmed to VC/Nelson that the existing and proposed side yard setbacks were five and seven feet; that he believed the house was built in the 1950's and that the public hearing was properly noticed with no responses from the neighbors including the neighbor immediately adjacent to the property. Chair/McManus opened the public hearing. MARCH 28, 2006 PAGE 4 PLANNING COMMISSION With no one present who wished to speak on this item, Chair/McManus closed the public hearing. VC/Nelson said he agreed that it would be good to accommodate a family that wished to remain in Diamond Bar and in this instance his biggest concern would have been whether the neighbor was concerned about the setback variance. VC/Nelson moved, CILee seconded to approve Development Review No. 2006-07 and Minor Conditional Use Permit 2006-03, Findings of Fact, and conditions of approval as listed within the resolution. AYES: COMMISSIONERS: VC/Nelson, Lee, Everett, Torng, Chair/McManus NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 7.3 Tentative Parcel Map No. 061,702 — In accordance with Chapter 21 of the City of Diamond Bar Development Code, the applicant requested the following approval: Tentative Parcel Map No. 061702 to subdivide one lot into three parcels. The project is consistent with an implementation of the Diamond Bar Village Specific Plan. PROJECT ADDRESS PROPERTY OWNER: West of Grand Avenue and South of Golden Springs Road Diamond Bar, CA 91765 Target Corporation 1000 Nicollet Mall Minneapolis, MN 55403 APPLICANT: Pfeiler & Associates Engineers, Inc. 660 N. Diamond Bar Blvd Diamond Bar, CA 91765 ICDD/Fong reported that the applicant requested a continuance to April 11, 2006. Staff recommended that the Planning Commission open the public hearing, receive testimony and continue Tentative Parcel Map No. 061702 to April 11, 2006. Chair/McManus opened the public hearing. MARCH 28, 2006 PAGE 5 PLANNING COMMISSION With no one present who wished to speak on this matter, Chair/McManus continued the public hearing to April 11, 2006. C/Torng said he wanted more information about the project and ICDDIFong responded that the development standards were established through the Specific Plan. She said staff would provide information about the percentage of landscaping being provided and further stated that the applicant met and exceeded the parking requirements. The City is doing the traffic mitigation and it would not be appropriate to revisit these issues at this time. With respect to "art," it was an item that the applicant had an issue — requiring an art object after the fact. In addition, when the applicant is available for the April 11 public hearing C/Torng would have an opportunity to ask the applicant his questions. ICDDIFong said she would make an artists rendering of the new store available to C/Torng for his information. VC/Nelson said he was concerned about the parking on each of the individual lots and whether or not those were standalone. He wanted to avoid any possibility of these lots being separated at a future date with the parcels being separated, the reciprocal agreement becoming non-existent and ending up with uses that would not provide for adequate parking as in the case of the bank building location at the corner of Diamond Bar Boulevard and Grand Avenue. Additionally, he wanted to understand why Target maintains a corridor out to Golden Springs and why the subdivision was not set up to grant one parcel for Target with parking in front of the store and the other two parcels set up to share the remaining parking between the two parcels. 7.4 Conditional Use Permit 2004-01, Development Review 2004-19 and Variance 2004-02 -- In accordance with Chapter 22 of the City of Diamond Bar Development Code, the applicant requested the following approval: a modification to the conditions of approval of City Council Resolution No. 2006-60 approving Conditional Use Permit No. 2004-01, Development Review No. 2004-19 and Variance No. 2004-02. PROJECT ADDRESS: Diamond Bar Blvd. between Northwest corner of Cold Springs Ln. and southwest corner of Fountain Springs Rd. (Country Hills Towne Center) MARCH 28, 2006 PAGE 6 PLANNING COMMISSION PROPERTY OWNER/ MCC Realty Management APPLICANT: 9595 Wilshire Blvd, Suite 214 Beverly Hills, CA 90212 CSP/Campbell presented staff's report and recommended Planning Commission adoption of a resolution recommending City Council approval of the modification to Conditional Use Permit No. 2004-01, Development Review No. 2004-19 and Variance No. 2004-02. C/Lee said that this was a complicated issue, that there were too many items to consider this evening and that he would like to observe the content of the modification. He asked CSP/Campbell to explain in greater detail what the applicant wanted to do. CSP/Campbell provided the Commission with the applicant's timeline. ICDDIFong explained that the applicant was seeking a change for only one condition and the rest of the conditions of approval would remain. CSP/Campbell said that the applicant would not be able to pull the permits for the three-story building until the market was occupied and in operation. The applicant is projecting three to four years. ClTorng said he received the letter today and wondered if the schedule was muddled. ICDDIFong said this was a schedule she asked Mr. McCarthy to produce for the Commission to demonstrate his commitment to completing the project. The consideration at the time of the original condition of approval was that the applicant did not have a market tenant so staff placed a condition guaranteeing that the applicant would be able to build the three- story building once he had a market tenant in place. At this point the applicant has a market tenant and that milestone has been achieved. The applicant is saying that now that he has the market he needs a little more flexibility to move tenants around in order to complete the renovation for the entire building. As a compromise he is requesting a second -story to allow tenants to move into while he is refurbishing their current occupied areas. C/Everett wondered if Item 4 on page 7 should be Item 5. ICDDIFong responded that Section 4 is Section 4 of the resolution. The Council condition is 5.A.(3). C/Everett asked if parts of this paragraph should be included within staff's recommendation motion and ICDD/Fong responded that the action was for the Commission to recommend approval of the proposed revision to Council Condition 5.A.(3) and that Condition 3 would be stricken. ICDDIFong stated that the motion would be to recommend approval MARCH 28, 2006 PAGE 7 PLANNING COMMISSION of the modifications of the condition to the Conditional Use Permit No. S.A.(3) as recommended in the attached resolution. ACA/Kovacevich clarified that the motion would be to adopt a resolution recommending that the City Council approve a modification to Conditional Use Permit No. 2004-01 amending condition 5.A.(3) of the resolution in a manner set forth in the resolution provided by staff on page 7, Section 4.A.(3) of the resolution. Mike McCarthy gave a slide presentation of the proposed project. He explained that in order to keep the construction on a tight schedule it inconvenienced the current tenants who had to be relocated until their current space was refurbished or until new space was constructed to accommodate them. He further explained that his intent for requesting a modification to the Conditional Use Permit was to keep the project rolling while attempting to mitigate the apprehensions of the current tenants. C/Lee said he was concerned about the safety of shoppers during construction. Mr. McCarthy agreed and said there would be a lot of new covered pathways and signage during construction. Mr. McCarthy agreed with Chair/McManus that the area would be as safe as possible and that the idea was to move forward as quickly as possible so that for example, the framer would work continuously until his job was finished so that he would not have to return to the job site again and again as if it were being done piecemeal. The objective was to keep the subs on the jobsite until they finished so that the next subs could come in and finish their portion. C/Lee asked if Mr. McCarthy had a specific plan and whether the plan was ready now. Mr. McCarthy responded no but that it would be part of pulling a building permit and working with the Planning Department in devising a mutually acceptable plan. Chair/McManus said that at that point it was up to staff to monitor the applicant. ICDD/Fong agreed and said that as part of the plan check process staff would ask the applicant for a phasing construction plan that would provide a diagram of where construction would take place and how the parking and traffic flow would safely operate. In addition, the fire department and the building department would study the diagram to ensure safety during construction. C/Lee said he learned one thing from the Planners Institute. They said that Planning Commissioners have a right to ask questions about safety issues MARCH 28, 2006 PAGE 8 PLANNING COMMISSION and he believed the Commissioners needed to check those things too in addition to the Planning Department and the Building Department. He felt there would be a danger during construction and if he cannot see the plan how can he decide how to vote? So, his suggestion is that the applicant should submit a complete and specific plan for the safety of the shoppers so that he can then logically understand the overlap of the construction and the businesses. Otherwise, it is very difficult for him to understand. Chair/McManus said that if there were concerns during the construction phase the Commission could direct those concerns to staff. ICDD/Fong said it was staffs job to review the construction phasing plans. C/Lee said that at the same time it was the Commissioner's right also. He said he learned that from the Planners Institute. ICDD/Fong explained that the Planning Commission gives direction to staff and staff implements the plan. If the Commission starts reviewing all plans then it is micro -managing the construction and overriding staffs function. The Commission's role is to tell staff that it is concerned about the safety of individuals visiting the center during construction and for the Commission to direct staff to require that the applicant submit a phasing construction plan with details providing for adequate safety measures during construction. VC/Nelson asked Mr. McCarthy what kind of leases the existing tenants had or did not have that would allow him to lease space they are currently occupying. Mr. McCarthy responded that tenants have either long-term or short-term/month-to-month leases. If the tenant has a short term or month- to-month Mr. McCarthy can lease their existing space. Currently there are four long-term leases for the entire project: H -Mart, Rite-Aid, Radio Shack and Baskin-Robbins. VC/Nelson found it difficult to believe that until recently Mr. McCarthy did not know that most of the tenants wanted to stay at the center when it was improved. Mr. McCarthy said he felt it was more of an oversight because shortly after he settled into planning and scheduling he was stuck with a couple of conundrums of existing tenants, their wanting to stay and what to do with them and how it should be done. And that is why he is here today. VC/Nelson asked if Mr. McCarthy was okay with staff's proposed modifications and Mr. McCarthy responded that he was. C/Torng asked if the original project was proposed to be completed in about one or two years. He said he was concerned that it could take three or four years. Mr. McCarthy said he could not remember whether he had a particular schedule but the way the conditions read today the completion of the project was pretty much out of his hands because it depended on when H -Mart opened for business. It could be the end of 2006 or the end of 2007. C/Torng MARCH 28, 20O6 PAGE 9 PLANNING COMMISSION found confusion in the presentation that the market commencement date of March when later Mr. McCarthy said May. ICDD/Fong responded that the March date was for plan check and assuming plan check goes quickly Mr. McCarthy may get a permit in April and may commence construction in May. C/Torng said the document should indicate May. C/Torng asked if the schedule was based on approval of the revised Conditional Use Permit and Mr. McCarthy responded that it was. C/Torng asked if the tenants received a notice of this hearing and ICDDIFong responded that they did not. C/Torng wondered if it was fair for the tenants not to be notified and ICDD/l=ong responded that there was a sign posted at the site regarding the hearing. C/Torng said that he was hoping that with a motion to approve everything that Mr. McCarthy was working to help the existing tenants. Mr. McCarthy said that some of the tenants were not happy with the lease rate he was seeking and in a couple of instances the tenants planned to move. Some of the other tenants were okay with the lease rate because they liked the new development and they liked having a large Asian grocery store as their anchor. On the other hand, there are many proposals from people who wish to come into the center and provide the same uses as the existing tenants and in some cases within the same space. As a developer he is trying to work through all of those scenarios. At this point, there are no signed leases except for the four existing leases in the center. If a tenant wants to stay and have a good business he would like to have them stay. C/Torng said he hoped Mr. McCarthy could keep the existing tenants at the existing rate because he was told the new rates were twice the old rate. Chair/McManus said the Commission was wandering into an area that was outside of its venue because, however Mr. McCarthy wanted to run his business was his business. C/Torng asked if the theater area was going to be an arcade and Mr. McCarthy explained that "arcade" was an architectural term that related to the colonnade area, overhang and shop space. C/Everett asked for clarification of site areas. C/Everett said it would be helpful to him if Mr. McCarthy showed the date of proposed completion along with the change versus the original proposed completion dates. Currently, the completion was projected to be 2008-09. Mr. McCarthy said that he has little control over the dates because the old condition was based on the tenant opening for business and he does not have control of that situation and the hurdle for him is that MCC is unable to get an occupancy permit until H -Mart opens for business. He can build but cannot pull an occupancy permit. ClEverett said it appeared that there were no changes to the use as approved except for two and then only a change in timing. The important condition was (e) on page 3 in that granting this modification would improve MARCH 28, 2006 PAGE 10 PLANNING COMMISSION thb operation of the existing business to allow them to relocate into the new two-story building for incubation purposes and granting the conditional use would not be detrimental to the public interest, health, safety and convenience or welfare. The only significant change is "timing" and as noted in Condition (k) "will allow continued operation of existing on-site businesses with less disruption from the proposed construction" and to him a win-win situation and the goodness that the applicant was seeking that would provide a benefit to the community. He believed that everything else remained the same. He asked if he was correct in his assumptions and TCDD/Fong and Mr. McCarthy confirmed C/Everett's assumptions. Mr. McCarthy responded to C/Lee that the construction schedule was tentative and flexible. Mr. McCarthy responded to C/Lee that the plan contemplates about 5,000 square feet of food court area with three to five owners. C/Lee said if the market got a permit the three to five food court owners should get a permit to move forward with construction. Mr. McCarthy explained that usually what happens is that the market gets its permit first and starts their build -out and prepares the food court area for construction. And then perhaps 60 to 90 days from opening the market the food user would probably pull the permit to build his smaller unit within the larger interior premises. C/Lee said that the food court owners could not get a Certificate of Occupancy because they were food -related and then the three to five food court owners should get their permit. C/Lee said that Mr. McCarthy said that the permit process takes four weeks and he felt that four weeks was an extremely short period of time for three to five food court owners. CILee said that Mr. McCarthy's timeline was not logical to him and it caused him to doubt Mr. McCarthy's credibility. He wanted a copy of Mr. McCarthy's application letter. Chair/McManus asked if it was common practice for the lessorto provide the basic tenant improvements with the lessee finishing his particular area. Mr. McCarthy responded that each case is different. However, in this case he is delivering a "warm shell" to the tenant with electrical and utilities stubbed in but not distributed. The tenant takes possession of the warm shell and builds it out with the applicant providing an allowance package for tenants to draw upon. Mr. McCarthy responded to Chair/McManus that he was not certain whether the subtenant would do the T1 or whether the master tenant would handle the TI for the smaller tenants. The schedule and all of the conditions are based on the market tenant (the master/major lessee) and does not apply to the smaller subtenants so the inconsistencies that CILee pointed out were not shown on the timeline because it was not tied to the applicant's MARCH 28, 2006 PAGE 11 PLANNING COMMISSION schedule. ICDD/Fong said that even the City has no control over the tenant's timeline. If the project is under construction and the applicant continues to seek inspection the permit is valid. The schedule is flexible because there are a lot of unknown variables. In this case the applicant is making every best effort to move forward in a timely manner to get his shopping center renovated and to have the tenants occupy all of the spaces thereby assuring a viable and thriving shopping center for the residents of Diamond Bar. C/Lee said he understood the timeline was flexible and tentative but it should be logical. If there are multiple tenants they should go through the Conditional Use Permit process. TCDD/Fong responded that the tenant does not need to go through a Conditional Use Permit process. The applicant has an approved Conditional Use Permit to operate as a shopping.center and that the market including the food court was already approved. CILee asked if based on staff's experience four weeks would be reasonable and TCDD/Fong responded that the first plan check turnaround time is about three weeks. The tenant improvement plan that the market submits is for interior improvements and not exterior improvements; the plan check process for interior improvements was much less involved that plan check for exterior improvements. CILee felt that the applicant was presenting a best - case scenario and staff wanted the Commission to decide based on the best -case scenario but the Commission would like to see something a little more flexible and realistic so the Commission can make a logical decision. Mr. McCarthy said the estimate of four weeks was the time estimated for provide the warm shell. The time for completing tenants improvements has no bearing on this application because Mr. McCarthy has no control over that process even though he is concerned about the process. This request is for tearing down the existing space and rebuilding the 45000 square foot warm shell and it involves about three to four weeks of initial plan check. The entire process may take six to eight weeks. Chair/McManus opened the public hearing. With no one present who wished to speak on this item, Chair/McManus closed the public hearing. VC/Nelson asked how many of the tenants would be generating sales tax revenue to the City and Mr. McCarthy responded that the only exclusion to sales tax was food sales and services from the market; the rest of the retail would generate tax revenue. The market could generate $6-8 million dollars of taxable sales. Rite-Aid produces about $5 million in taxable sales and the MARCH 28, 2006 PAGE 12 PLANNING COMMISSION majority of the other uses would generate taxable sales (45-50,000 square feet) at $300 per foot. VC/Nelson asked how that would compare with the Target project and CDD/Fong responded that a typical Target store generates about $500,000 in annual sales tax dollars and the Country Hills Towne Center project would generate somewhat fess than the Target project. VC/Nelson said his point was that it was in the City's best interest to do everything possible to get this project on-line and get tenants in the center because it was not just good for the applicant and for the tenants that wished to stay in the center, it was also good for the City. ICDD/Fong agreed that the faster the center was occupied the faster the sales tax would come back to the City. ICDD/Fong responded to VC/Nelson that indeed the City was losing Diamond Bar Honda and was seeking ways to replace the lost sales tax revenue. VC/Nelson moved, C/Everett seconded to approve the modification to Condition 5.A.(3) of City Council Resolution 2005-60, approving Conditional Use Permit No. 2004-01, Development Review 2004-19 and. Variance No. 2004-01, per Condition 4.A(3) of the Draft Resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: VC/Nelson, Everett, Lee, Torng, Chair/McManus NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 8. PLANNING COMMSSIONER COMM ENTSIINFORMATIONAL ITEMS: C/Lee reported that last week he attended the Planners Institute in Monterey. He had a good time and the seminar was very helpful to him. He encouraged other Commissioners to attend next year. He expressed his thanks to SAA/Marquez for her assistance in arranging the rental car and hotel accommodations and he said he appreciated 1CDD/Fong's scheduling of different seminars and choice of foods. He thanked C/Everett for imparting his long-term knowledge and wisdom. C/Torng said he visited Scribbles last Sunday (March 19) and the facility was closed. ICDD/Fong said as far as she knew the club was still open and may have been closed only for the evening. C/Torng said he was happy for the City to have the Country Hills Towne Center and Target projects but he hoped the center would take care of its existing tenants. He felt it was unfair that the property owner had raised the rents and he was surprised that no tenants had come before the MARCH 28, 2006 PAGE 13 PLANNING COMMISSION Commission tonight to complain. Perhaps the Chamber of Commerce could assist in the negotiations between the tenants and the landlord. C/Everett said he has had a great month with the Planning Commission. He was privileged to attend the Planners Institute in Monterey last week and it was a "fire hose" of education for him on some very interesting concepts, terms and Commissioners' responsibilities and roles. He learned about NIMBY and YIMBY and talked about the 20 most asked questions. Over 900 individuals attended the seminar and he believed the majority of the cities were represented. As a result, there was a very diverse set of issues and he was most interested in the subject of "walk able cities." Monterey is a fine example of such a city. He also learned about the laws and more specifically AB 1234 and he was surprised that he qualified for his certificate in Ethics and Formal Responsibility in conjunction with the Law. He encouraged the rest of the Commissioners to be sensitive to AB 1234 and perhaps staff could report about additional requirements. He applauded the Commission for their 5-0 vote at the February 14 meeting because Form Based codes is the talk of the state and its future. He also heard about "Art in Public Places" that also has great value even to the point of generating tax revenues. He said if asked he would vote strongly in favor of both concepts based upon what he learned at the conference. The final seminar speech would have been an interesting topic to all of the Commissioners because it dealt with "Making Change Happen Fast." He asked staff to help him and the other Commissioners locate the website that contained the conference information. He thanked his colleagues and asked that the Commission keep the action moving forward and he thanked Mr. McCarthy and the residential applicants for their interest in investing in Diamond Bar. ICDDIFong responded to Chair/McManus that the conference material would be made available on-line this year rather than on CD and that staff would prepare copies of the material from the website for all of the Commissioners. VC/Nelson said he was pleased the Commission took favorable action on the Country Hiiis Towne Center item. He said he was empathetic to individual and small businesses and he believed that this Commission owed an obligation to the community and to the City as a whole and the Commission could not forget the sake of the whole for the sake of one. He also felt that the Commission needed to be careful as it deliberated on matters like this in the future to make certain that the Commission was not trying to step in and act as a referee in business that the Commission had no business being involved in - arrangements between lessors and lessees is not within the Commissions purview. If it involves a particular use or change in use, then it is within the Commissions purview. The Commission must be very careful and as Commissioners express their concerns to staff they should trust MARCH 28, 2006 PAGE 14 PLANNING COMMISSION staff to follow through. When he was previously a Planning Commissioner the City had a fabulous staff and he was certain that it had not changed. One of the important keys to success was to trust staff to do their job on issues of safety for example. He was not implying that the Commissioners should not voice their concerns and let staff know where it wanted staff to focus but the Commissioners had to be careful to keep its business focused. Chair/McManus congratulated C/Everett on his achievement and tonight's report about his attendance at the conference. In the past public speakers have embarked on heated discussions about business practices and he has been forced to stop them because the applicant has rights that go with the project. He said that it was good to have a fully engaged Commission. 9. STAFF COMMENTS AND INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future projects. 10. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. ADJOURNMENT: With no further business before the Planning Commission, Chair/McManus adjourned the meeting at 8,40 p.m. Respectfully Submitted, N ncy Fong interim Commity Dev �pment Director PLANNING COMMISSION RESOLUTION NO. 2006-13 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING APPROVAL OF A MODIFICATION TO CONDITION NO. 5.A(3) OF CITY COUNCIL RESOLUTION NO. 2005-60 APPROVING CONDITIONAL USE PERMIT NO. 2004-01, DEVELOPMENT REVIEW NO. 2004-19 AND VARIANCE NO. 2004-01 TO THE CITY COUNCIL. A. RECITALS The applicant, Michael McCarthy of Country Hills DB, LLC, has filed an application for a Modification to condition no. 5.A(3) of City Council Resolution No. 2005-60 approving Conditional Use Permit No. 2004-01, Development Review No. 2004-19 and Variance No. 2004-01 as described in the title of this Resolution. Hereinafter in this Resolution, the subject request to modify the conditions of approval of City Council Resolution No. 2005-60 shall be referred to as the "Application." 2. On March 17, 2006, public hearing notices were mailed to approximately 332 property owners within a 700 -foot radius of the project site. In addition, the project site was posted with a display board and the public notice was posted in three public places. Furthermore, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. :3. At the public hearing of March 28, 2006, the Planning Commission of the City of Diamond Bar reviewed the Application, received additional public testimony and concluded said hearing on that date. 4. All legal prerequisites prior to the adoption of this Resolution have occurred. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to the Planning Commission during the above referenced meeting on March 28, 2006, including written and oral staff reports, this Commission hereby specifically finds as follows: (a) The Application applies to property generally located on the west side of Diamond Bar Boulevard between Fountain Springs Road and Cold Springs Lane. The site is fully developed except for a small piece of graded pad at the north side of the site. (b) To the north and south of the property are existing single-family residential areas. To the west of the property are the existing Brea Canyon Channel and single family residential area. To the east of the property is an existing condominium complex. (c) The General Plan land use designation for the site is Commercial and the Zone is Community Commercial. (d) The Application is in conformance with the General Plan, the Development Code, and the Design Guidelines. (e) The Application will not be detrimental to the health, safety, or welfare or materially injurious to properties and improvements in the vicinity. (f) The Application has been reviewed pursuant to the provisions of the California Environmental Quality Act (CEQA) section 15070. A Mitigated Negative Declaration was approved for the project on December 6, 2005. 3. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: Conditional Use Permit (a) The proposed use is allowed within the subject zoning district with approval of a conditional use permit and complies with all other applicable provisions of this development code and the Municipal Code. The proposed modification to City Council Condition No. 5.A(3) will result in a change in the timing of the project construction schedule and will not the change the use as approved by City Council Resolution 2005-60. Therefore, the proposed modification is consistent with the subject zoning and complies with the zoning district and all other applicable provisions of the development code and Municipal Code. 2 Planning Commission Resolution No. 2006-13 (b) The proposed use is consistent with the General Plan and the Development Code. The proposed modification to City Council Condition No. 5.A(3) will result in a change in the timing of the project construction schedule and will not the change the use as approved by City Council Resolution 2005-60. Therefore, the proposed modification not affect the project's consistency with the General Plan and Development Code. (c) The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. The proposed modification to City Council Condition No. 5.A(3) will result in a change in the timing of the project construction schedule and will not the change the use as approved by City Council Resolution 2005-60. Therefore, the proposed modification not affect the design, location, size and operating characteristics of the uses approved under City Council Resolution No. 2005-60. (d) The subject site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses and the absence of physical constraints. The proposed modification to City Council Condition No. 5.A(3) will result in a change in the timing of the project construction schedule and will not the change the project approved by City Council Resolution 2005-60. Therefore, granting the modification not affect the physical suitability of the project for the proposed site. (e) Granting the conditional use permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located. Granting the modification will not be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located. Granting this modification will improve the operation of the existing businesses by allowing them to relocate into the new two-story building while construction is taking place and will ensure that all of the project improvements approved under City Council Resolution No. 2005-60 will be completed in a timely manner. 3 Planning Commission Resolution No. 2006-13 (f) The proposed project has been reviewed in compliance with the provisions of the Californian Environmental Quality Act (CEQA) 15070. A Mitigated Negative Declaration for the project was previously approved by the City Council. The granting of the modification will not change the project description or cause additional environmental impacts over those reviewed in the approved Mitigated Negative Declaration. Development Review (g) The design and layout of the proposed development are consistent with the general plan, development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g. theme areas, specific plans, community plans, boulevards or planned developments). The proposed modification to City Council Condition no. 5.A(3) will not change the design and layout of the proposed project, the design of the facade for the existing buildings as approved under City Council Resolution No. 2005-60 and, therefore, is consistent with the General Plan, Development Code and Design Guidelines. (h) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future developments, and will not create traffic or pedestrian hazards. The proposed modification to City Council Condition No. 5.A(3) will result in a change in the timing of the project construction schedule and will not affect the design and layout of the project approved by City Council Resolution 2005-60. Therefore, the proposed modification will not interfere with the use and enjoyment of neighboring existing or future developments, and will not create traffic or pedestrian hazards. (i) The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by this chapter, the general plan, or applicable specific plan. The proposed modification will not result in a change to the architectural design of the development project approved by City Council Resolution No. 2005-60. 4 Planning Commission Resolution No. 2006-13 (j) The design of the proposed development will provide a desirable environmental for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, textures and color and will remain aesthetically appealing. The proposed modification will not result in a change to the architectural design of the development project approved by City Council Resolution No. 2005-60. Therefore, the proposed modification will not conflict with the requirement to provide a desirable environment for occupants and visiting public. (k) The proposed development will not be detrimental to the public health, safety or welfare or materially injurious (e.g., negative effect on property values or resale(s) of property) to the properties or improvements in the vicinity. The proposed modification to City Council Condition No. 5.A(3) will result in a change in the timing of the project construction schedule that will allow the continued operation of the existing on-site business with less disruption from the proposed construction. Therefore, the proposed modification will not be detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. (1) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA)15070. A Mitigated Negative Declaration was approved for the project on December 6, 2005, finding that with mitigation the project, with the implementation of mitigation measures, will not result in potentially significant impact to air quality, cultural resources, hazardous materials, noise and traffic/transportation. The proposed modification will not change the approved project description or create additional environmental impacts. Variance (m) There are special circumstances applicable to the property (e.g., location, shape, size, surroundings, topography, or other conditions), so that the strict application of the City's Development Code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts orcreates an unnecessary and non -self created, hardship or unreasonable regulation which makes it obviously impractical to require compliance with the development standards. 5 Planning Commission Resolution No. 2006-13 The proposed modification will result in a change in the timing of construction of the approved project and will not change the circumstances applicable to the site or the project description. Therefore, proposed modification will not be contrary to the finding that there are special circumstances applicable to the property as determined by City Council Resolution No. 2005-60. (n) Granting the Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning districts and denied to the property owner for which the Variance is sought. The proposed modification will result in a change in the timing of construction of the approved project and will not change the project description. Therefore, proposed modification will not be contrary to the finding that the variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning districts and denied to the property owner for which the Variance was granted. (o) Granting the Variance is consistent with the General Plan and any applicable specific plan. The proposed modification will result in a change in the timing of construction of the approved project and will not change the project description or the circumstances applicable to the site. Therefore, granting of the modification will not be contrary to the finding that the variance is consistent with the General Plan. The project area does not have a specific plan. (p) The proposed entitlement would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. Approval of the Modification affects only the timing of the construction and not the circumstances which warranted the variance. Therefore, the proposed modification would not be detrimental to the public interest, health, safety, convenience, or welfare of the City because the proposed project is required to comply with all conditions within the approved resolution and the assurance is through the plan check, permit and inspection process. (q) The proposed entitlement has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA)15070. 6 Planning Commission Resolution No. 2006-13 R Mitigated Negative Declaration was approved for the project on December 6, 2005, finding that the project, with the implementation of mitigation measures, will not result in potentially significant impact to air quality, cultural resources, hazardous materials, noise and trafi-c/transportation. The proposed modification will not change the approved project description or create additional environmental impacts. 4. Based on the findings and conclusions set forth above, the Planning Commission hereby recommends approval of the following revision to City Council Condition No. 5.A(3) approved under and subject to all of the other Special Conditions, Standard Conditions, and Mitigated in attached City Council Resolution No. 2005-60: A. General/Planning Division (3) The market building, the inline retail and restaurant buildings, and the drive-through cafe building shall be submitted for plan check prior to issuance of permits for the new two-story and three-story buildings. The market building, the inline retail and restaurant buildings and the drive-through cafe buildings shall be in substantial construction prior to release of occupancy of the new two-story building. Substantial construction shall mean tower elements are framed and ready for applying surface materials such as stucco and stone veneer. The market building shall be occupied and in operation and all site improvements completed prior to release of occupancy forthe three-story building. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Country Hills, DB LLC, 9595 Wilshire Boulevard, Suite 214, Beverly Hills, CA 90212. 7 Planning Commission Resolution No. 2006-13 APPROVED AND ADOPTED THIS 8th DAY OF NOVEMBER, 2005, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Jo& McManus, Chairman I, Na r Fong, Planning Commission Secretary, do hereby certify that the foregoing Resol tion 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 28th day of March 2008, by the following vote: AYES: Commissioner: VC/Nelson, F'rerett, Lee, Torng, Cher/MeY-a..nuc NOES: Commissioner: Nox,e ABSENT: Commissioner: xc,�e ABSTAIN: Commissioner: None ATTEST: Eta SITE f °I r VICINITY MAP J, SCREEN WALL •(m.w LEGAL DESCRIPTION '{D EX5ING PPALELS 2iRRD.xll 15 PlLLVSNE CF PppCEL MAPIJD. IB122, 'PPRCR. LFF hFE0.OkI1N5R1E4pFM54u$^EBpPEC AGE57B1031ha SME MO , A5 KPEaIMAP, ,INI H9 EF CE 6 PAGES 25 7 N TMS FLEW 51rF i)E51b! ECWNECdPWOFSA9CVN OWNER OFSpFICE: BICC aKs]f kxe6h.BV CA ht 303111f 3831 2Bi 55i4S N59we 9aNmQ \�V� Euce x11 Ba.'aM Rb,G 5021] 31¢3+ST13¢ PLAN FpPta NCR H SCALE: 1' = 5C 0 25' SD 100 P.CA PROJECT NUMBER. 03116.20 DATE: 12 UL70BER 2005 L FIXJURE UNIT SUMMARY x P7AMOFFICE.BUILOING156BUILDINGIT ZONING INFORMATION —IEa0.USE15 11A10 -ES L[ri£: C-1'6ESTPN;lED 5V51VE56 ZONEI N Lf ROA" PWAU—S 37 35 .EWAt I PFIOFESSIDwAL GFFIEE BILI W 12 12 5EIBPCN9_ —DMG+1 3 ] FRONL=2P DPFCE{RES'-xm RFJR= l]IDE'iEPBMEo TCIPL.FQ11PtE -r6 K-3-1 2 51011 Bux: Nu COUNTRY HILLS TOWNE CENTER SITE PLAN DIAMOND BAR, CALIFORNIA SCHEME G COUNTRY HILLS Q.B., L.L.C. 9595 W LSHIRE BLVD, SUITE 214 BEVERLY HILLS, CA 90212 31024T.27M MAX. rtAK VANKINU HNALT.110 .^ _.. BEOI.iiED PARKPIr� A+Wt PEEN 9WIED PAW"GttiDJpED EuUDNGUSE IS'1 PPRKM REOUBEO aLi�L OFSpFICE: 90,81�EF 303111f 3831 2Bi WVSPA 20000W�:A5f-r000 T9HJSF>bitASVPL pNEIG_STAlEWtlT. ' BEQClL 6iICE F9,Z SF M-1 1113w7 113 IDIN 2210335= t219 _ 1003 1.912 OF SEaLtCEA4Ea vPRKEO ATt 5PKE1300�•��..� �. ..__.__._.._..__..__..rP _._. - SF pftp%A CMlrv9 A9EA ipiwnG 1.000 SF PPPI(EG Pi t SPPCEltp3S' " WL nIEW PPJ¢t� 3YAL5 SHPLL CONFSat FO qry $TPSp.°{O9Kt9 Pier el �`Dofey .aclai¢tte, N1c. li: ■0TECIUZE, LAW OFFICES FRANK A. W�UIIR LEDNARD NASATIR 3460 WILSHIAE BOULEVARD, SUITE 903 REFER TO FILE NO. OF ooUNsEL LOS ANGELES, CALIT�?R NJA 90010 TELEPIIONE: (213)'84= Tommye Cribbens City Clerk City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765-4177 Re: Appeal to City Council of Modification of Conditional Use Permit No. 2003-01/ My Clients: Raj Astavakra, P.N. Patel and Scribbles Grille & Restaraunt located at 245 Gentile Springs, Diamond Bar, CA 91765/Planning Commission Resolution No. 2006-16 April 18, 2006 Page 2 By Personal Delivery admossion for this type of entertainment event. This finding is false. Moreso, the CUP does not prohibit the charging by Mr. Astavarka of customers. On June 1, 2006, the County of Los Angeles issued a one-year business license to Scribbles to operate as a retaraunt with entertainment and dance and clearly permitted on the record, over the objections of Nancy Fong, the City of Diamond Bar Interim Community Development Director, to operate on the basis as Scribbles presently operates. The Planning Staff, and Ms. Wong, presented testimony from County Sheriff Lieutenant Maxey and Sergeant Sachs, along with other local community residents that Scribbles was also allegedly operating as a public nuisance. This was absolutely false. First, as a matter of procedural due process, my clients did not receive the Planning Commission Agenda Report until the previous Saturday, April 8, 2006. The Agenda Report did not contain any alleged underlying crime reports verifying the allegations, and the complaints by local community residents were also wholly hearasay without foundation, duplicative and factually unsound. Even the Sheriff's Department representatives and Planning Commission members admitted that there was no evidence that Mr. Astavarka and Scribbles were the cause of any alleged safety incidents across the street at the K -Mart parking lot. Sergeant Sachs admitted that Mr. Astavarka and his employees were also cooperative with the Sheriff's Department. At the April 11, 2006 hearing, my clients and I requested a continuance because they had not received the Agenda Report that contained the specific allegations which was the basis of the hearing to prepare a response and that such short notice constituted a violation of their procedural due process rights for meaningful notice and opportunity to be heard on the matter. Tommye Cribbens City Clerk City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765-4177 Re: Appeal to City Council of Modification of Conditional Use Permit No. 2003-01/ My Clients: Raj Astavakra, P.N. Patel and Scribbles Grille & Restaraunt located at 245 Gentile Springs, Diamond Bar, CA 91765/Planning Commission Resolution No. 2006-16 April 18, 2006 Page 3 By Personal Delivery The Planning Commission voted on the request for a continuance with one Commission member voting in favor of a continuance. The Commission's vote was in error. The fact that the March 11, 2006 hearing had been continued to April 11, 2006 did not relieve the Commission of its duties to notify my clients of the foundation specifics of the charges which was the basis of the hearing. That never occurred until two days before the hearing which fell on the weekend. It also did not relieve the Commission of its duty to provide my clients with the underlying Sheriff's reports so that the veracity of the allegations could be verified and in order to prepare an adequate defense. At the April 11, 2006 hearing, Mr. Astavarka testified that Scribbles was in no way operating as a public nuisance and that he was scrupulous about security issues even offering to pay for Sherriff's representatives to .assist him and Scribbles as to security .for patrons and local community residents. Mr. Astavarka also -testified that a local bowling alley is well known in the Diamond Bar community to have suffered multiple criminal incidents, including a homicide, yet no Planning Commission action has been taken against it. Mr.. Astavarka also testified that he has invested well over $900,000 with his business partner, Nick Patel, in reliance on the CUP that he could operate as Scribbles now operates. Even with the short notice, he presented as evidence copies of _cashiers checks of approximately $400,000 of the investment in Scribbles. Mr. Astavarka also testified that the claims by community residents of noise problems was, even by their own admission, not a continuous problem or issue, as there were only several reports in the Agenda Report. He also strenuously denied that Scribbles contributes to any noise problem in the Area, acutely pointing out that the decibel noise level Tommye Cribbens City Clerk City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765-4177 Re: Appeal to City Council of Modification of Conditional Use Permit No. 2003-01/ My Clients: Raj Astavakra, P.N. Patel and Scribbles Grille & Restaraunt located at 245 Gentile Springs, Diamond Bar, CA 91765/Planning Commission Resolution No. 2006-16 April 18, 2006 Page 4 By Personal Delivery alleged in the Agenda Report was impossible as the decibel level landing at a major airport. scientifically and factually would be that of a jumbo jet Mr. Astavarka pointed out that of some 300 local community condominium residents located near Scribbles only approximately fifteen (15) residents were allegedly complaining about .the operation of Scribbles, and even there, the petition by the local residents attached to the Agenda Report contained duplicative signatures. Mr. Astavarka does not permit, and has never knowingly permitted, massage tables or services at Scribbles. In summation, Scribbles is not contributing to loitering, loud music, drinking in the parking lot, curfew violations or other allegations of a public nuisance. Mr. Astavarka and Scribbles has complied with the conditions of his CUP and business license. Mr. Astavarka and Scribbles did not obtain the CUP by way of false representations or fraud. The Planning Commission's findings and resolution was wholly without evidence, let alone substantial evidence, and contrary to the legal requirements required by the City of Diamond Bar Code set forth at Chapter 22.76 dealing with revocations and modifications of conditional use permits and specifically section 22.76.020. Furthermore, the Planning Commission's findings and resolution, including but not limited to not permitting a continuance, along with the actions by the Sheriff's Department, local staff and local community members introducing false testimony without foundation seriously violates myclients' rights under the procedural and substantive components of the Due Process Clause of the Fourteenth Amendment of the United States Constitution, the Equal Protection Clause of the Fourteenth Amendment of the United States Constitution, the Fifth Amendment Takings Clause Tommye Cribbens City Clerk City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765-4177 Re: Appeal to City Council of Modification of Conditional Use Permit No. 2003-01/ My Clients: Raj Astavakra, P.N. Patel and Scribbles Grille & Restaraunt located at 245 Gentile Springs, Diamond Bar, CA 91765/Planning Commission Resolution No. 2006-16 April 18, 2006 Page 5 By Personal Delivery and the Petition Clause of the First Amendment of the United States Constitution. Furthermore, in addition to the above enumerated multiple factual and legal grounds for the appeal, T would like to point out that the City of Diamond Bar Development Code section 22.74.040(c)(1) authorizes the City Council to affirm the resolution, affirm in part the resolution or reverse the action of the Planning Commission. Clearly, by the plain language of the code, the Planning Commission's decision is subject to one final step for review in the administrative process by the City Council and cannot gain administrative finality until such time as the City Council determines the appeal. The code, as interpreted, also must be consistent with California Code of Civil Procedure sections 1094.5 and 1094..6. These state procedural statutes are absolutely clear that the Planning Commission's administrative decision .does not reach administrative finality until the City Council rules on the appeal. See California Code of Civil Procedure sections 1094..6. Moreover, the County Business Licenses are still operative and this presents an additional jurisdictional issue as to any finality or jurisdiction of the Planning Commission's actions, let alone the administrative finality of the decision. The City and its representives are well advised to stop making threats to my clients in an effort to somehow compromise their, .due process rights requiring my clients to initiate a federal civil rights lawsuit against the City and various representatives to secure their due process rights. Federal law and the United States Supreme Court have long ruled that a federal civil rights lawsuit is not conditioned on an exhaustion of administrative remedies. See Patsy v Board of Regents of State of Fla,, 457 U.S_ 496 (1982). See _ Agenda # _ 7.2 Meeting Date: May 2, 2006 CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and Members of -t e City Council VIA: (Linda C. Lowry, City Manage 11 1-4 TITLE: Appeal of the Planning Commission's decision to modify Conditional Use Permit No. 2003-01 eliminating any entertainment use associated with the business known as Scribbles located at 245 Gentle Springs Lane. RECOMMENDATION: The Planning Commission and City staff recommend the City Council modify Conditional Use Permit No. 2003-01 (CUP) to eliminate the entertainment use, deny the appeal and affirm the Commission's findings that the business is not operating in conformance with the approved CUP, is a public nuisance, is a threat to the health and safety of the community, and uphold the modification to the CUP eliminating all entertainment uses. This recommendation would allow the business to continue selling alcohol. Attached is a resolution for adoption by the City Council; The following options, which include the recommendation above, are also available to the City Council: A. Deny the appeal, affirm the Commission's findings that the business is not operating in conformance with the approved CUP, is a public nuisance, is a threat to the health and safety of the community, and expand the Planning Commission's recommendation by revoking the entire CUP (bar and entertainment); B. Affirm the appeal, reverse the Planning Commission's decision and find that the business is operating in conformance with the approved CUP, is not a public nuisance nor a threat to the health and safety of the community. C. Affirm in part the Planning Commission's finding that the business is not operating in conformance with the approved CUP, is a public nuisance, is a threat to the health and safety of the community; and modify the CUP by adding conditions and/or mitigations to address the public nuisance, and health and safety issues of the community. If the City Council selects this option, it would be appropriate to direct staff to prepare additional conditions of approval for City Council review. The City Council should continue the appeal for 30 days to allow staff time to prepare the additional conditions of approval. FISCAL IMPACT: There is no fiscal impact associated with the appeal hearing. However, the activities at this location have required the City to devote a considerable amount of Public Safety resources on a continuous basis to address the public safety issues at Scribbles. The dedication of nearly all of the City's Public Safety resources and the Public Safety resources from the surrounding communities to this location is costly, prohibits the patrolling of other areas of the City, and creates a significant health and safety issue for the community. BACKGROUND: In May 2003, the business owner applied for, and was granted, CUP No. 2003-01 for a bar and limited entertainment associated with the operation of Scribbles Grille and Restaurant (Scribbles). Since the approval of the CUP, there have been numerous public safety incidents associated with the operation of, and involving patrons from, Scribbles. These incidents required the Los Angeles County Sheriff's Department to expend significant Public Safety resources to respond to the location, which is detrimental to the public health and safety of the City. As a result of the public safety issues associated with the operation of, and patrons from, Scribbles, City staff scheduled a public hearing before the Planning Commission on March 14, 2006, to consider evidence for revocation or modification to the Scribbles CUP. The business owner had been properly noticed for the hearing. However, the business owner requested that the hearing be continued to anytime after April 4, 2006, as he stated in his letter on March 7, 2006, he would be out of the country for three weeks. He also declared in his letter that his business would operate in compliance with the CUP during the three week period. On March 14, 2006, after receiving public testimony from two nearby residents the Planning Commission continued the public hearing to April 11, 2006. At the continued hearing on April 11, 2006, the Planning Commission received staffs report and testimony from Los Angeles County Sheriff Department, the applicant and adjacent residents. After deliberation, the Planning Commission determined that Scribbles is not operating in conformance with the CUP, and that Scribbles is presenting a public nuisance and threat to health and safety. The Planning Commission voted 4-1 to modify the CUP and eliminate all entertainment uses. DISCUSSION: A. The Planning Commission Review and Findings: In addition to staff report, the Planning Commission received testimony from Los Angeles County Sheriff Lt. Maxey and Sgt. Sachs who stated that they and other officers had responded to Scribbles on numerous occasions to handle public safety incidents. As a result of Thursday night entertainment, they stated that they have to deploy every available Deputy in the City to the business and focus on the problems outside the club and the overflow congregation at Kmart parking lot area. In the past the Sheriff Department has responded to calls related to Scribbles for grand theft, battery, assault with a deadly weapon, extremely loud music, and public intoxication. 2 Lt. Maxey and Sgt Sachs also testified that while the establishment is filled to capacity (580 people inside the premises including Scribbles personnel), there are many more people waiting in line to get into the club, which results in significant noise, fights and other disturbances in and around nearby areas. They also stated that when the event ends, over 500 patrons leave the premises in a short period of time resulting in traffic congestion and other vehicle/pedestrian hazards such as underage individuals and adults leaving the premises intoxicated. On April 11, 2006, nine residents representing the adjacent Fall Creek Condominium complex testified. The residents testified that they experience safety and nuisance problems such as break-ins and vandalism of cars, drug dealing, overt and public sexual activities, and loud music. They stated that they had to equip the complex gate with a timer at the Gentle Springs entry to shut it off between 10 p.m. and 4 a.m. so to avert the nuisance problems coming from Scribbles. A resident testified that he had paid the $10 admission fee to Scribbles and observed three separate entertainment groups were providing entertainment. A resident testified that he had seen flyers that advertised for Scribbles entertainment, which in his opinion did not meet the definition of private parties. After reviewing staffs report and considering all the testimony from the Sheriff Department, input from adjacent residents as well as the testimony from the applicant and his attorney, the Planning Commission found that Scribbles is not operating in conformance with the existing CUP and that the operation of the business threatens the public health and safety of the community. The Planning Commission voted to modify the CUP and revoke the entertainment use. Attached is Planning Commission Resolution No. 2006-16. Attached is a copy of the April 11, 2006, Planning Commission Staff Report and Minutes that provide the detailed background and testimony from the Sheriff Department and adjacent residents. Exhibit "F" attached to the Planning Commission Staff Repot provides details of the Sheriff Department responses to service calls associated with Scribbles between April 2004 and March 2006. B. The Appeal. The appellant represented by his attorney has filed the appeal in a timely manner. Attached is a copy of the Appeal letter from the attorney representing Scribbles. The following is staffs response to the Appeal: Scribbles Statement: Scribbles does not regularly invite well known DJ's from Southern California radio station such as KISS FM. Staff Response: Regularly on Thursday night, the entertainment has attracted large crowds. The appellant continues to advertise on KIIS FM and 93.1 of special events at Scribbles. 2. Scribbles Statement: Scribbles is falsely accused of running a night club and charging admission fees. Staff Response: A resident has testified that he paid $10 admission to get inside the club and he observed three entertainment groups playing on three different stages. The approved entertainment is for a jazz band, a pianist or a guitarist and is to provide light entertainment for the fine dinner house according to the appellant when he testified before the Planning Commission for the approval of his CUP. The Sheriff Department has also witnessed people paying admission to enter the location. Charging admission is a typical characteristic of a night club operation and not a private party as described in the CUP or described by the appellant in his own testimony at the Planning Commission hearing to grant the original CUP in 2003. 3. Scribbles Statement: There is no evidence that Scribbles was the cause of any alleged safety incidents, public nuisances or contributed to loitering, loud music, intoxication in the parking lot, etc. Staff Response: The testimony from Los Angeles Country Sheriff Lt. Maxey and Sgt. Sachs demonstrated that the Scribbles' Thursday night entertainment attracted large crowds, which causes health and safety issues as shown in the attached April 11, 2006, Planning Commission Minutes. Once Scribbles is at capacity, there are people gathered around and near the premises and groups of them spill over and congregate in the Kmart parking area. These groups led to problems such as fights, intoxication and under age drinking creating health and safety issues for patrons, deputies and adjacent businesses. The adjacent residents testified that they have experienced negative impacts caused by Scribbles such loud music, vandalism and a lack of security conditions within their complex. 4. Scribbles Statement: Scribbles was denied due process because they did not have time to prepare a response to the specific allegations contained in the staff report. Staff Response: The appellant was properly notified of the March 14, 2006, public hearing. In a letter dated March 7, 2006, Scribbles requested that the public hearing be continued to anytime after April 4, 2006. The Planning Commission granted the request and continued the hearing to April 11, 2006. The Appellant was notified that the public hearing was continued to April 11, 2006. 5. Scribbles Statement: Owners of Scribbles have invested in the business. Staff Response: City appreciates any business that invests in the community. However, the City cannot ignore the fact that it has to dedicate a significant amount of the City's Public Safety resources to this location to address the health and safety issues. 6. Scribbles Statement: Scribbles has a valid Los Angels County Business License. Staff Response: The City contracts with Los Angeles County Business License Commission to administer business licenses. Typically the County Business 4 License staff would check with the City before renewing a business license for a Diamond Bar business. If City responds that there are no "issues" with a particular business, then the County Business License Commission will renew the license. In May 2005, two years after the approval of the CUP Scribbles finally obtained a business license from the County. It is now up for renewal. Staff has sent a letter informing the County Business License Commission regarding Scribbles non- conformance with the CUP. Possession of the LA County Business License does not supersede the Conditional Use Permit. CONCLUSION: The Appellant continues to have entertainment on Thursday nights. According to the Los Angeles County Sheriff Department, Deputies continue to be deployed to handle the large crowds. Staff issued Civil Citations against Scribbles on April 13, April 20, 2006 and April 28, 2006, and notified the property owner that he is in violation of Municipal Code Section 22.78.020. While Scribbles continues to allow entertainment on the premises, the owner is in clear violation of the CUP and in disregard of the City's land use authority. Prepared By Nancy Fong, AICP Interim Community Development Director Attachments E Reviewed David Doyle, Assistant City Manager Exhibit "A" - Vicinity Map Exhibit "B - Site Pian Exhibit "C" - Floor Plan Exhibit "D" - April 11 and March 14, 2006 Planning Commission Staff Report & Minutes Exhibit "E" - March 14, 2006 letter from Fall Creek Residents Exhibit "F" - Los Angeles County Sheriff Service Calls Report Exhibit "G" - May 27, 2003 Planning Commission Minutes Exhibit "H" - Advertisement from Scribbles Exhibit "I" - Planning Commission Resolution Nos. 2006-16 and 2003-15 Exhibit "J" - Development Code Sections 22.10, 22.58, 22.76 and 22.78 Exhibit X" - Appeal Letter 5 CITY COUNCIL RESOLUTION NO. 2006. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, DENYING THE APPEAL AND AFFIRMING THE PLANNING COMMISSION DECISION TO MODIFY CONDITIONAL USE PERMIT NO. 2003-01, ELIMINATING THE ENTERTAINMENT USE FOR SCRIBBLES GRILLE AND RESTAURANT LOCATED AT 245 GENTLE SPRINGS LANE, DIAMOND BAR, CALIFORNIA, 91765. A. RECITALS. 1. On March 26, 2003, the property owner, P. N. Patel of Ratan Hospitality, LLC, and applicant, Raj Astavakra, filed an application for Conditional Use Permit No. 2003-01 requesting a bar and entertainment use for the property located at 245 Gentle Springs Lane, Diamond Bar, Los Angeles County, California. 2. On May 27, 2003, after conducting and concluding a duly noticed public hearing, the Planning Commission adopted Resolution No. 2003-15 approving Conditional Use Permit No. 2003-01 allowing Scribbles Grille and Restaurant to serve alcoholic beverages and to have limited entertainment as follows: a jazz band, a guitarist or a pianist on a small stage within the bar; and a DJ with dancing for banquets and private parties held within the banquet room. 3. As a condition of approval, the Planning Commission has the authority to periodically review the Conditional Use Permit to ensure compliance with all conditions of approval and applicable codes. As a result of the public safety issues associated with the operation of, and patrons from, Scribbles Grille and Restaurant, a public hearing was set for March 14, 2006, Planning Commission meeting to review and consider evidence for revocation or modification. 4. On March 3, 2006, public hearing notices were advertised in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers; and public hearing notices were mailed to approximately 219 property owners within a 700 -foot radius of the project site. Furthermore, the property owner and the applicant were duly notified of the hearing via certified letter. 5. On March 14 and continued to April 11, 2006, the Planning Commission of the City of Diamond Bar concluded the duly noticed public evidentiary hearings for Scribbles Grille and Restaurant. The Planning Commission found Scribbles Grille and Restaurant was not in conformance with the Conditional Use Permit No. 2003-01, its operation created public health and safety problems, and adopted Resolution No. 2003-16 to revoke the entertainment use. 0 C. 6. On April 21, 2006, public hearing notices were advertised in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin„ newspapers; and public hearing notices were mailed to approximately 219 property owners within a 700 -foot radius of the project site. Furthermore, the property owner and the applicant were duly notified of the hearing via certified letter. 7. The decision represented by said Planning Commission Resolution No. 2006-16 was appealed in a timely manner to this Council. 8. All legal prerequisites prior to the adoption of this Resolution have occurred. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the City Council of the City of Diamond Bar as follows: This Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon substantial evidence presented to this Council during the above - referenced public hearing May 2, 2006 including written and oral staff reports, the minutes of the above -referenced Planning Commission meetings, and the contents of Planning Commission Resolution No. 2003-16, together with pubic testimony, this Council hereby specifically finds and concludes as follows: (a) The overall site is a 5.02 acre of land developed with the Best Western Diamond Bar Hotel, a restaurant building identified as Scribbles Grille and related landscape and parking areas. (b) The General Plan land use designation for the site is General Commercial (C) and the Zoning District is Regional Commercial District (C-3). (c) To the north is the Orange (57) Freeway, to the south is the existing K- mart shopping center which is zoned Regional Commercial (C-3), to the east is existing condominiums which are zoned Multi -family Residence -15 Units Per Acre (R -3-15U), and to the west is the Pomona (60) Freeway. FINDINGS The City Council of the City of Diamond Bar does hereby find the following: The Council concurs with the findings of Planning Commission Resolution No. 2003-16 that Scribbles is not operating in conformance with the approved Conditional Use Permit, is a public nuisance, and is a threat to the heath and safety of the community. 2. Circumstances changed by the applicant to a degree that one or more of the findings contained in the original permit can no longer be made and/or the public health, safety and welfare require the revocation or modification of the CUP. The need for the deployment of additional Sheriff Deputies to handle the nuisance problems caused by the entertainment use is detrimental to public health, safety and welfare. 3. The permit was obtained by misrepresentation or fraud. The applicant testified at a public hearing on May 27, 2003, that his business is an upscale restaurant and the entertainment he was requesting would be to allow a jazz band with no dancing at all except for private events like graduation parties within the banquet room. The type of entertainment on Thursday nights, which is advertised through known radio stations and having performances from known artists, and charging admission to these types of events, is inconsistent with the representation made by the applicant during the original Conditional Use Permit public hearing. 4. One or more of the conditions of the permit have not been met or have been violated. Condition Q) of Planning Commission Resolution No. 2003-15 limits the entertainment to a jazz band, a guitarist or a pianist on a small stage within the bar; and a DJ with dancing for banquets and private parties held within the banquet room. The entertainment at Scribbles in the past is a violation of this condition. Condition (k) of Planning Commission Resolution No. 2003-15 states that the applicant shall not permit any public nuisance outside the restaurant including, but not limited to, unruly behavior by patrons which may contribute to noise. The nuisance problems demonstrated by Sheriff's report are a clear violation of this condition. 5. The improvement authorized in compliance with the permit is in violation of any code, law, ordinance, regulation or statute. The massage tables and the two masseurs on the premises were not part of the Conditional Use Permit No. 2003-01 approval. Having massage services requires a Conditional Use Permit under Regional Commercial District, which the applicant has not obtained nor applied for the appropriate permit. The massage services violate Sections 22.90 and 22.58 of the Development Code. 6. The improvement/use allowed by the permit has become detrimental to the public health, safety or welfare of the community or the use operates in a manner which constitutes a public nuisance. 3 The need to deploy additional Deputies to mitigate significant public safety issues at Scribbles and the continued pattern of significant public safety calls for services associated with patrons of Scribbles is detrimental to public health, safety and welfare of the community. The numerous public safety incidents occurring at this location negatively impacts the quality of life of nearby residents and businesses making the operation of this business a public nuisance. 7. After the revocation of the entertainment use by the Planning Commission on April 11, 2006, the appellant continues to have entertainment on Thursday night that does not conform to the approved Conditional Use Permit. City issued Civil Citations against Scribbles on April 13 and April 20, 2006, and notified the property owner that they are in violation of Municipal Code Section 22.78.020. 8. Based on the findings and conclusions set forth above, the City Council hereby denies the appeal and affirms the Planning Commission action as contained in Planning Commission Resolution No. 2006-16 9. This Council hereby provides notice to the appellant, Mr. Raj Astavakra , the attorney, Mr. Frank A. Weiser, and the property owner, Mr. P.N. Patel that the time within which judicial review of the decision represented by this Resolution must be sought is governed by the provisions of California Code of Civil Procedure Section 1094.6. The City Council shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: P. N. Patel, Ratan Hospitality, LLC, 1205 W. Sierra Madre Avenue, Glendora, CA 91741, Frank Weiser, and Raj Astavakra, 6226 N. Calera Avenue, Azusa, CA 91702, APPROVED AND ADOPTED THIS 2nd DAY OF MAY 2006, BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR. la Carol Herrera, Mayor I, Tommye Cribbins, City Clerk of the City of Diamond Bar do hereby certify that the foregoing Resolution was approved and passed by the City Council of the City of Diamond Bar at its regular meeting held on the 2 d day of May 2006 by the following vote: 4 AYES: Council Members: NOES: Council Members: ABSENT: Council Members: ABSTAIN: Council Members: ATTEST: Tommye Cribbins, City Clerk, City of Diamond Bar Uiov C�P7.Z3-0 3-a-�-� N- scs�s r: roa_ CITY OF DL4MOND BAR 700' RADIUS LAND USE MAP ' PARCEL MAP NO. 22987 OWrJEF: H;MN 259 G I LMEY. ]80 !'aE P. 18111 BhT CA 0S as •1 ]BS " G . u•EnVnee+ad Wq 8urryae C-'- 4 -OZ .e !9l08•Len Aue-. &rM 190 O iJ'euinel '. qPN et]6t (.... '180.1 41 1 (B(q] M•Aiyj TENTATIVE PARCEL MAP N0. 2,-, r IN THE CITY OF DIAMOND BAR, COUNTY OF LOS ANGELES, STATE OF CALIFORNIAZ0011 AUG -F, PM "2.,s SCALE: 1" 40' cerrwr BEING A SUBDIVISION OF LOT 1 OF PARCEL MAP NO. 15547 AS F"�S F" ads DN ' >;;nS PER MAP FILED NBOOK 172 PAGES 59-60 OF PARCEL MAF S IN Ivu..vur rBULr ►arra roles/Wr ao pj _rebs ,BEM A w�" THE OFFICE OF THE COUNTY RECORDER OF SAID :-CUNTY. NITSTI JrA$ra -rrEs PROSPECTORS ENGINEER: CTX,T, INC. MAY 2002 " ROAD RCE 13669 C... _ \ LOT 3 _ 1 Oo aL. �. aft TRACT NO. 33551 \ / M.B. 903-54-56\ ('11 IA TA FfM"', w Ell, aJloaIT7. J eels EASEMENT NOTES: �-f�A[.iEol eRm onol��ac n °M rx A� EaSEMCxuvSN IKHN C4 iSxORx a aR(EE NRaP xO. s5.] a.M.e Irz/>e-ao SC.rMI. [oisax ro PE.W[o NO Re -9151!] A+IE 9,+gee �• �D RIe[ SAM11Rl LES A CARWENT RQ- �e' x0.E EaS Exr rq A+I SOV rxERx a Tx [aRln OF —I REP oKUM[xr REC X. r_le-Te Rs CauFMNa EO [0 aM DEEP •H[o AS nsT. rU. ee-IDO.TR w MO gale 0.R uaRgl J.,ige6 C�) IT.. Marx EaSf"T IX [A$IlExl [ SW ni M —.I,y4' vxp S", x —,I,aro E— V ]NE CWN11 ii0RM5 CG— f DER WEI, LV P EDS LC u eKR RA6cEL Nar 10 R5 FST x0 RR-pO.>e qx .1— J.J." Iss Jveg-eo 0- 6' xIOE $.MTARY SLIER [a5[YExI xE Eouxry ❑ E05 ar.GFl[s R[R DEEP RECORDED -M-e] i LEGAL DES(L'RIPTION LOT 1 PARL:EI MAP NO. 15547 RECOROEO [N DUSK 172 PAGE'S 59-60 OF PARCEL MAPS IN THE OFF.CE OF THE COUNTY RECORDER OF LOS ANGELES COUNIT CALIFORNIA. \ Ct• \ fw i'ARCEL MAP NO. 5606 \ \ P,IM0 59-70 \a' ball' SC/ SITE DATA A� CU CURRENT ZONE. AREA NULk Oi Lf1T5 CURPRPchT 115E 5.07 A( RES _ PR(lP,)SEU USE rOMMERCIAL LOMMEACIAL ` ASSES5OR5 PARCEL NO: a7r7-0011-184 FA bir c o � i1t�D o,� 5-2--C& VICINTIY MAP (N -TS.) CITY OF DIAMOND BAR TENTATIVE PARCEL MAP N0. 22987 OWNER: RATAN N05WrAEITT, LLE 23B GENTLE 98e LANF OIAMCW 9AR, CA 81765 (ROB) 860-7700 �' ulsu�c Exo-�uEc�s -- r f = Pm• u- � .o K OW 1 91 V- I I RANOOLI INC . 22646 C•IgF• 5rriaPt A , • a . . • - - • • • . • • a - - rel. I" 909606911 _ . • • . • • - • - • . . . . . r Fax. 19691 864-9227 �1� ! ■ a 6 ■ 2411 GMk ipki:t.i��'.. ��y61rU rr/M�•'• A r ll+"�rrtr'/Yrr•�• • Diamond 8• A 91 �65�^_ J-•1.190919 6¢66(1 - • • • { aJ t9091 sly-t—i-as ( _ 77 I a CLJP2003-01 Scrihht.- Grille, 245 Gentle Springs "ric, ]"FLOOR LEGEND OF LAYOUT PLAN (numbers correspond to the layout provided) Main Kitchen/Prep Kitchen 1 Kitchen equipment 2 - Dishwashing area; sink 3 - Server pantry 4 - Dummy waiter elevators 9 - Food Storage areas 10 - Employees restroom I I - Employees Break Room • Dining (Sky Lounge)/Patio - 3 - Server pantry 5 - Chairs & tables Bar (Cosmo par) • 5 - Chairs & tables 6 - Jazz Band "Entertainment" ' l 7 - Bar station a .. 8 - Sar booths L D Y f I 'ro� I N5 R :kyf � IP F.L. 0 • - - - - ■ - . . rFa Ira pts"5r ♦ ^ k a A - _ . - • O[- r - • . • - - - • l • F • • tin F1 F S° • • • l4lksIe Springs Land' t v`Hltipond Sar, CA 91765 cop 2a6- o/_OfIAMI SSION secretary; �� t1 �0� 2se/file number: p -0) ell • - 777��■ [yam, A . . d i 4:r„_.::;:.::fit•_ i • ■266100.fh.n Sprin�s Di■m•nd Z, CA 91765 a '. 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(9091396-9Po0 1 . a (909`39602.5, • • • • - r • . - ■ SCRIBBLES GRILLE 2"AFLOOR LEGEND OF LAYOUT PLAN (numbers correspond to the layout provided) - - p tM Banquet Room (Marquis Hall) _ _ • - a , 5 Chairs & Tables 12 - Presentation or Dancing Floor ` ` ' . `, - 13 Preparation/Food Server Pantry « . • • i • 14 - Extra Dry Storage; • _ _ - - _ _ 15 - DI Booth - Basement (The Cellar) preparation/Food Server Pantry d r _ OR - • - ` - 16 - 5 Chairs & Tables • _ _ , _ . . . . _ r w — w — hp r 2 •� �Eo ■ s ■ r . . urr4jj #6 A r _ •245 Gentie 5prinas r_ -n- •�iamgn� Aar, CA 9I765 •� � 1C /w/yvf 1Nf��ir _1 Col �3 0 I EXHIBIT "D" April 11 and March 14, 2006 Planning Commission Minutes and Reports for Scribbles Grille & Restaurant CUP 2003-01 APRIL 11, 2006 PAGE 5 PLANNING COMMISSION ICDD/Fong responded to C/Torng that in the future the DevelopgAnt Code could be modified to clarify the timing for a development to pr ide an art piece and even further specify the size and type /developnt that would include art. Chair/McManus recommended that through thooper could possibly include placement of an art object. Mr.Cded that such a requirement might create an adverse responsetial buyer. ICDD/Fong explained that the Planning Co ission would have another opportunity to ask a corner restaurant appl' ant whether they would like to include a fountain at the corner as a s tial architectural treatment, for example. Chair/McManus opened the publicXearing. With no one present who wi5l4ed to speak on this item, Chair/McManus closed the public h/ earring. said he was d' appointed about art not being included. However, he respected the appl' ant's position. Finding no errors or problems based upon the process t ate he offered the following motion: ClEverett mov d, ClTorng seconded to approve Tract Parcel Map No. 061702 subdivide 13.69 acres into three parcels as outlined in the recommen d resolution as amended. Motion carried by the following Roll Call vote - COMMISSIONERS: Everett, Torng, Lee, VC/Nelson, Chair/McManus ES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 7.2 CONDITIONAL USE PERMIT NO. 2003-01 — Originally approved on May 27, 2003, to allow for the operation of a restaurant and bar with entertainment (i.e., entertainment shall only include a jazz band, guitarist and pianist on a small stage within the bar; and a DJ with dancing for banquets and private parties held within the banquet room) at the location referenced below. Condition No. 5(o) of the Conditional Use Permit requires that the City periodically review the operation to assure compliance with conditions of lIo 61 T `D' APRIL 11, 2006 PAGE 6 PLANNING COMMISSION approval and to consider whether to modify, add conditions as necessary, or revoke the permit. (Continued from March 14, 2006) PROJECT UNDER REVIEW PROPERTY OWNER: APPLICANT: Scribbles Grille & Restaurant 245 Gentle Springs Lane Diamond Bar, CA 91765 P.N. Patel, Ratan Hospitality, LLC 1205 W. Sierra Madre Avenue Glendora, CA 91765 Raj Astavakra 6226 N. Calera Avenue Azusa, CA 91702 ACA/Kovacevich said he was present this evening to represent the Planning Commission and has had no contact with staff regarding this item. Tonight the Planning Commission resumes a public hearing that was opened on March 14, 2006, and continued to tonight's meeting. Upon conclusion of staffs report each Commissioner should present his disclosures to disclose into the record whether the Commissioner has gathered any evidence outside of the packet and public hearing information. Following the disclosures the meeting will move to the public testimony portion of the hearing. Generally, the applicant is given about 15 minutes to testify and should be notified about the ground rules prior to giving testimony including rebuttal. Other interested members who wish to speak are given up to five minutes each. ACA/Kovacevich recommended strict adherence to the time limits. Questions from Commissioners should be offered following the speaker's testimony so as not to interrupt their allotted time. At the end of the public testimony the Chairman will close the public testimony portion of the public hearing to begin deliberation. At any point during deliberations the Commission may direct questions to staff, the applicant and any member who previously offered testimony. Tonight's issue for the Commission is whether it feels there is substantial evidence in the record to supportfindings necessary for revocation or modification of the Conditional Use Permit pursuant to Chapter 22.76. ACA/Kovacevich referred the Commissioners to page 6 of staff's report wherein staff sets forth evidence in support of its recommendation. ICDD1Fong presented staff's report and indicated that two issues were before the Commission: 1) To determine whether the business was operating APRIL 11, 2006 PAGE 7 PLANNING COMMISSION in accordance with the Conditional Use Permit that was approved in May 2003; and 2) was the business a public nuisance and is it a threat to the public health, safety and welfare. TCDD/Fong recommended that the Planning Commission reopen the public hearing, receive testimony and direct staff accordingly. Lt. Maxey stated that response information was included in the Commissioners' packets and that he and Sgt. Sachs and other officers have responded to Scribbles on numerous occasions, usually in the aftermath of problems that have occurred on the site to determine whether the issues could be prevented from reoccurring, What he has seen and what he has discovered is that there is a huge volume of people and when an event is over they congregate in adjacent parking lots such as Kmart and whatever problems occur usually occur at that location. The local Sheriff's Department has a limited amount of resources and the deployment is heavy and focused during incidents that have occurred at Scribbles and crime in the City is focused at the Scribbles parking lot. As a result, the rest of the community remains at will during the time the department is focused at Scribbles and this scenario creates a public safety issue for the entire community. Sgt. Elizabeth Sachs said she works the 10:00 p.m. to 6:00 a.m. shift. Generally, the four available units are dispatched to Scribbles until about 2:00 a.m. because the department knows that if a problem were to occur it would likely happen between 1:00 a.m. and 2:00 a.m. in the Kmart (overflow) parking lot. She said that her department believes there is going to be a bigger problem than has occurred to date because there is a lot of drinking including under -aged drinking and individuals who drink before entering the business. Individuals congregate in the Kmart parking lot and there is a sea of beer, whiskey and other hard liquor bottles left in the parking lot by the time the parking lot empties out at about 2:00 a.m. She said she has personally responded to incidents where during fights bottles were thrown creating a safety hazard for the patrons, the deputies, and the adjacent family -type businesses. At times there are about 600 people that patronize the very successful club to enjoy the music and atmosphere. The problem is that patrons leave at the same time and the department's goal is to have everyone leave the site without a problem. Unfortunately, there are usually problems and she believes there would be even more problems without the presence of the officers. Her 17 years of experience with the department leads her to believe that with the mix of alcohol, young patrons, etc., there would be even bigger problems than what the City had experienced so far. Some of the injuries she witnessed were broken eye sockets, split lips, APRIL 11, 2006 PAGE 8 PLANNING COMMISSION people hit with bottles, windows broken, etc. One man was brandishing a baseball bat to fend off other patrons. The security inside the facility is good. However, once the patrons exit the club they are out and about in the City and it is up to the four units and the supervisor to rein everyone in. She has witnessed street racing, bad collisions, etc. She reiterated that many of the patrons were becoming intoxicated outside of the club in the overflow parking area. Most of the problems occur on Thursday evenings. And she again reiterated that in her opinion, it was a "time bomb" and needed to be addressed. Chair/McManus asked Sgt, Sachs if when the officers were called to the scene they contacted Scribbles to make them aware of the incident and of their presence and Sgt. Sachs responded yes, most of the time. She again stated that most of the time Scribbles was very cooperative and that most of the calls come from outside of the club and from the overflow parking across the street from the club's parking area (Kmart parking lot). ICDD/Fong responded to Chair/McManus that the maximum occupancy of the building is 580. She believed that at times there were possibly 100 to 200 people outside of the building after Scribbles had closed its doors because it has reached maximum capacity. And the overflow patrons have caused additional public safety issues. C/Lee asked if the City had taken any action against the businesses inappropriate actions and ICDD/Fong said that tonight's hearing was the first step. ICDDIFong responded to C/Everett that a copy of staffs report was provided to the business owner and to the property owner. Lt. Maxey responded to C/Everett that an individual who is victimized has a right to decide whether to file charges, which dictates what the department does in response. If a traffic accident occurs the suspect has no say in the matter because the department enforces those laws. Sgt. Sachs said she had witnessed substantial injuries and the victim did not want a police report filed. In such cases the department cannot force individuals to become documented victims. C/Torng felt that due to the number of problems the City should have started its review earlier. ACA/Kovacevich explained that whatever decision the Commission made this evening would be appealable to the City Council. APRIL 11, 2006 PAGE 9 PLANNING COMMISSION ICDD/Fong stated that the applicant could reapply for a Conditional Use Permit and it would be subject to the Commission's review. She responded to C/Torng's statement about responding earlier that staff received complaints and sent a letter to the applicant in late 2004/early 2005 reminding him that the Conditional Use Permit allowed limited entertainment only. C/Torng said he drove the area on a Sunday to become familiar with the site. Since Scribbles was not open he saw no crowds. C/Everett said he too did a drive through during the day to confirm staff's map and layout. There were no other Commissioner disclosures offered ACM/Doyle wanted the Commissioners to understand that during certain hours on Thursday nights every law enforcement resource that the City had was dedicated to this single operation which meant that there were no law enforcement patrols or other types of criminal deterrence taking place in other parts of the community. Bottom line is that this is a significant drain on the City's public safety resources and creates an issue for the health, safety and welfare for the balance of the community. The Sheriffs Department responds to specific issues but is unable to patrol as usual when they are dedicating their resources to this problem. Therefore, it is not a matter of responding to a series of incidents it is a matter of dedicating every public safety resource available to Diamond Bar as well as drawing from other adjacent communities to address this situation almost every Thursday night. Chair/McManus announced that the applicant would be given 15 minutes to speak and that public speakers would be limited to five minutes each. Frank Weiser, Attorney, 3460 Wilshire Boulevard, Suite 903, Los Angeles raised the following objections and asked that the hearing be continued because he was hired last night and because the partners and property owner received their copies of the staff report on Saturday. He said he understood the hearing was continued from March 14. However, the owner was out of the country. Due process requires that the applicant be given meaningful opportunity and notice to be heard. He cited cases involving due process. In addition, the applicant is entitled to copies of the underlying reports referred to during tonight's meeting and in staffs report so that he can adequately prepare his defense. Mr. Weiser said he was concerned that APRIL 11, 2006 PAGE 10 PLANNING COMMISSION given the evidence presented so far this evening that there was no formal notice given to the applicant. He heard Sgt. Sachs say that Scribbles had been cooperative when notified about some of the alleged problems. However, his client tells him that he was never given formal notice of any of the charges and never told in writing that there was a problem that would cause his Conditional Use Permit to be modified or revoked. State law (Health and Safety) requires that the applicant be given notice and an opportunity to correct the problem before he is put out of business. He submitted evidence that the applicant had invested more than $900,000 in the property and in accordance with state law (Goat Hill Tavern vs. City of Costa Mesa) a Conditional Use Permit and the amount of investment is a fundamental property interest. He asked if the City was proposing mitigation measures. He asked for fundamental fairness. Raj Astavakra, applicant said that he had not received one citation for exceeding the maximum occupancy. In 2004 there were no incidents. In 2005 there were incidents cited and no citations issued. He said he was very surprised at the allegations. People who live in the condominium complex complain that the gate was lifted by one of his patrons and how do they know it was one of his patrons. They also complain about ladies changing clothes in front of the complex and he was never told about such incidents. The problem of someone speeding down Diamond Bar Boulevard and elsewhere in the City does not necessarily come from Scribbles patrons. There are fights at Acapulco and inside Oak Tree Lanes and there was even a murder at that location and nothing happened. He felt like a victim when he was given a letter on Friday that contained complaints from the Sheriffs Department. The Sheriffs Department has not given him a letter or any type of document that says he violated his Conditional Use Permit. He asked the Commission to give him a chance to respond to the City's complaints and said he would respond honestly and to the best of his ability. C/I_ee said he was concerned that the Conditional Use Permit was based on certain conditions and the conditions were promises between the applicant and the City. If the applicant does not comply there is no foundation for the Conditional Use Permit. Staff reports so many findings such as Item d, "that the permit was obtained by misrepresentation orfraud;" and c— "one or more of the conditions of the permit have not been met or have been violated." Is it true or false? Mr. Astavakra responded "it is false, sir." He said he does not run just a club. He has a sit down restaurant with a band playing in accordance with his Conditional Use Permit. If someone rents his place and hires a DJ they can have any kind of music they wish. C/Lee asked APRIL 11, 2006 PAGE 11 PLANNING COMMISSION Mr. Astavakra if he has complied with the conditions of his permit and Mr. Astavakra responded "yes" and said that he could charge whatever admission he felt was appropriate. C/Lee asked staff if that was true and TCDD/Fong responded "no, according to the Conditional Use Permit." According to the Conditional Use Permit the applicant can have a jazz band, a guitarist or a pianist on a small stage within the bar and a DJ with dancing only for private parties and only within a banquet room. C/Lee said that perhaps the applicant's interpretation of the Conditional Use Permit was incorrect and perhaps the City Attorney would clarify why the applicant said he had a right to charge an admission fee. ICDD/Fong said that a nightclub that had a promotion of a known performer would charge an admission fee and for private parties such as weddings there would not be an admission fee. She cited the applicant's statements from previous Planning Commission minutes wherein he testified as follows: "Scribbles would provide upscale dining with a band playing. The last call is at 12:00 midnight. We kept it at 1:00 a.m. so that patrons could finish their drinks and have a cooling off period before leaving the restaurant. There will be no DJ music or any dancing except for private events if they want to dance, like graduation parties or things like that." ICDD/Fong went on to say that staffs report indicates that the applicant misrepresented the use to the Planning Commission and the Commission approved the Conditional Use Permit based on what the applicant promised. Mr. Astavakra said that his Conditional Use Permit does not say he cannot charge at the door. He has provided security in accordance with his Conditional Use Permit. He asked Lt. Maxey if he could pay to have the Sheriff's Department on duty for four hours at a cost to him of $500. Seven times there has been no response from the Sheriffs Department. In fact, there was a huge command post outside of Scribbles because the Sheriffs Department believed there would be 2,000 to 3,000 people. The City authorized more than 16 deputies at a cost of $3500 to $4,000 and nothing happened. The fire department came twice on that same night. Scribbles' was not overcrowded and was not over capacity. In fact, it was under the maximum at 562 people including the Scribbles staff members. Scribbles contributed $200,000 in sales tax revenue and property tax revenue overthe past two years. Thirty-seven individuals work at Scribbles. VC/Nelson asked if Mr. Astavakra was typically present on the premises on Thursday evenings and Mr. Astavakra responded "every night, sir." He said he was there until 4:00 a.m. and in fact, when the Sheriffs Department APRIL 11, 2008 PAGE 12 PLANNING COMMISSION comes to his establishment he is there and he talks with them. VC/Nelson asked if Mr. Astavakra had been outside between the hours of 1:00 a.m. and 2:00 a.m. and gone into the Kmart parking lot and Mr. Astavakra said he goes into his parking lot and to the Kmart parking lot. VC/Nelson asked if Mr. Astavakra had witnessed the problems and whether he felt the behavior was acceptable. Mr. Astavakra said that four times there have been problems in the Kmart parking lot. Exactly four times Scribbles called the Sheriff's Department to intervene. VC/Nelson asked if Mr. Astavakra had not witnessed some of the activity that others commented on and Mr. Astavakra said that under aged drinking takes place in the Kmart parking lot. Scribbles does not allow under aged drinking and if people want to hang around outside and drink it is their problem and Scribbles cannot do anything about it. People drink at Carl's Jr., and he cannot stop them. It is the Sheriffs job to stop them. It happens at Taco Bell across the street too. C/Everett asked if Mr. Astavakra had a copy of staff report and Mr. Astavakra responded that he received it on Friday evening. C/Torng asked Mr. Astavakra when he started with KIIS-FM and Mr. Astavakra said that the flyer was only one flyer for only one event. C/Torng asked why the Sheriffs Department says that every Thursday Scribbles has a special event. Mr. Astavakra said that people do rent the place and he was not saying that they did not. C/Torng said that there were fewer incidents in 2004 and more incidents in 2005 and that was why he was wondering if the special events on Thursday started in 2005. The Conditional Use Permit says no DJ. Mr. Astavakra responded that Thursday night is one night. People mostly rent the facility on Friday and Saturday nights. The complaints are not all Thursday nights. And he wondered why the paper trail started all of a sudden. The condominium complex started complaining about the noise. If you look at the Sheriffs report there are only four complaints during the past year. Nothing happened in 2004 and nothing happened in 2003. And people have complained about sound decibels of 85 to 120. He said he found it hard to believe. This would be like a jumbo jet landing on an air strip and at 2500 square feet away from his place with a Best Western in between and no one from that location complaining. In fact, the owner of the Best Western is his landlord and obviously his business would suffer the most. Chair/McManus took exception to Mr. Astavakra's statement that there were only four complaints during the past year. APRIL 11, 2006 PAGE 13 PLANNING COMMISSION Chair/McManus reopened the public hearing. Vince Galloway, 300 Prospectors Road said that although the current discussion is about Scribbles it is a continuation of the Platinum Club that was previously in business on the site. He said he was at a Diamond Bar City Council meeting three, four and five years ago where a lot of these same concerns were voiced and a lot of promises were made about how the problems would be fixed. The noise was so loud that residents with windows facing the club had pictures rattling on their walls. Three homeowners moved away because they could no longer tolerate the noise. Whereas noise is a concern there are other issues. Fall Creek Community is a condominium project consisting of 144 units and approximately 73 percent are Diamond Bar residents that pay taxes and vote. During the history of the club there was never a concern until the level of incidents with the new club escalated and caused the residents concern about public safety within their community. On February 12 the residents met with Sgt. St. Amant and Deputy Clark to share their concerns about drug dealing, overt and public sexual activities and vehicle break-ins. On one Friday night there were 12 to 15 vehicle break- ins and every one was reported to Sheriffs Department. During the entire 25 years that he has lived in the complex there were not that many break-ins. Although they cannot confirm that these incidents involve patrons of Scribbles they are fairly certain because of the increase in the number of incidents that occur primarily on Thursday evening. In fact, to avoid additional confrontations the complex has equipped the back gate with a timer that turns the gate off between 10:00 p.m. and 4:00 a.m. especially on Thursday nights. Now there are reports of people climbing over the gate because they have parked inside the complex and can exit on Prospectors Road and avoid DUI detection. Before the timer was installed five or six residents would take turns standing guard from 10:00 p.m. to midnight believing that if there were a number of residents present the homeowners would not be confronted and people would be less likely to inflict damage. He said he would not be surprised if a future incident involved guns. The homeowners no longer feel safe and the noise level keeps people awake. The security remains in front of the club and does not venture down the street to see that people are drinking, breaking bottles and disrobing. Rob Eknil, Fall Creek Property, felt that by his own admissions the applicant was in clear violation of Conditional Use Permit No. 2003-01. While there have been numerous incidents at the complex the bottom line is whether or not the applicant is in compliance with the Conditional Use Permit and the fact that the City is sitting at risk when all of the deputies are at one location. APRIL 11, 2006 PAGE 14 PLANNING COMMISSION He felt it was a stretch for the applicant to advertise on the radio and signposts for private parties. Mr. Eknil felt there was little reason to continue the hearing because the applicant publicly admitted he was in violation of the Conditional Use Permit. Eddie Martinez said he has witnessed several of the aforementioned incidents. In fact, his wife was confronted by one of the patrons trying to get into the gate by following her. When she did not let him in he became very upset and threatened her. Mr. Martinez said he reported the incident to the Sheriffs Department. Especially on Thursday nights there is a lot of action in the area, a lot of drinking and people milling about. It is unsettling to the residents to have people hanging about the area because it seems unsafe to be outside and risk possible confrontation. Michael Case, 328 S. Prospectors Road #52, said he serves on the Board of his homeowners association and since Scribbles opened there has not been one meeting during which this issue was not discussed. Residents complain about the noise, traffic, car break-ins, people following residents through the gate, harassment, etc. On several occasions he has seen people hop the gate from the club to get to their cars parked in the condominium complex. It is obvious that the individuals are drinking in the parking lots outside of the club and there are flyers advertising the club strewn about the grounds and the flyers show scantily clad females, which he felt did not meet the definition of a "private party." On any Thursday, Friday or Saturday one can pass by the club and see 20-30 people waiting outside to gain access and another 20-30 people standing outside on the patio smoking and listening to the music, which is certainly not within the banquet room. The community is concerned about safety. He and his wife live on the opposite side of the complex and hear people fighting and driving recklessly in and out of the Kmart parking lot at 1:00 a.m. Even at a distance from the club they can hear the music at 10:00, 11:00, 12:00 and 1:00 a.m. The Board is concerned that something major could happen and the residents are thankful that the City has provided a forum for addressing their concerns. Danoush Tehrani, 364 S. Prospectors Road #141 said the noise is terrible and his car was vandalized. The repair cost was $8,000, $1100 of which he paid from his own pocket. He was inside the nightclub once and he paid $10 to the applicant for entry. He saw three different groups on three different stages. The noise is so bad that it keeps him awake on Thursday, Friday and Saturday nights. APRIL 11, 2006 PAGE 15 PLANNING COMMISSION Sharman Haynes concurred with her fellow residents and said she was most concerned about the safety issue. She is single and has been threatened. Clearly, the club is not in compliance with their Conditional Use Permit. Amanda Pechy, 364 S. Prospectors #140 said she also concurred with her fellow residents. She has two small children and she usually sends them to grandma's house on Friday and Saturday night so that they can sleep. She felt it was an infringement on her rights that she could not have her children with her and that they were deprived of their sleep and she should not have to take sleeping pills in order to get rest because the music is so loud and her doors rattle. Henry Lee, Prospectors Road said that he had witnessed Scribbles patrons hiding in the cul-de-sac area, urinating by the gate and climbing the gate to get to their cars. He wondered if the applicant allowed minors to frequent the restaurant and why there was a cover charge. Wen Hui Su, Prospectors Road, said she had the same problems as her neighbors. She has stood outside her unit witnessing non-residents trying to enter through her complex gates. The residents do not want the business to fail but the elders are unable to sleep at night. She has called the Sheriffs Department and asked that the nightclub turn down the music a little bit. The noise level subsides for about 10 minutes and then increases again. And if the applicant really wanted to correct the situation he would make sure the noise level was lowered for the entire evening. The problems occur outside of the business and even if they corrected the noise level there are still a lot of people outside and out of control of the club. How would the applicant be able to correct the problems that occur outside of the club and around her complex? Yumi Branstad, 394 Prospectors Road #107, said she had been in the commercial lending business for about 30 years and believes the Scribbles parcel would be difficult to convert to another use. In her opinion a Conditional Use Permit is an evolving document and when the City approved it the owner probably had a good intention of keeping it that way but when the business does not come in he has to adjust the way he does business and deviate from the original spirit of the Conditional Use Permit. When the owner has someone sign a lease they probably do not foresee that they will have all of the problems. The owner is responsible. Many people come from other countries and learn that they have rights and must respect other people's rights as well. Fall Creek is proud of its project and the fact that it APRIL 11, 2006 PAGE 16 PLANNING COMMISSION has made good use of unused land adjacent to the freeway. While Fall Creek is not extravagant it is a place that the tenants love and it is sad that the residents have to make fortresses out of their homes. Last Friday she was coming home from out of town and drove into her complex about 2:00 a.m. on Saturday morning just about the time the club was closing down. She forgot that the gate was closed and when she tried to gain entry she could not move because she was completely surrounded by people. She was finally able to turn around, drive through the Kmart lot and gain access to her complex through the front area. She said she was ashamed that she had left it to her neighbors to defend the complex because she had no idea what was happening next door. She said it is a very scary situation to her and she believes that the property owners are responsible for keeping harmony with the surrounding community 365 days a year 24 hours a day. When the applicant originally applied for a Conditional Use Permit to operate as a restaurant there was no need to complain because a restaurant would not be intrusive. Chair/McManus asked Lt. Maxey if there was any reason other than Scribbles for people to congregate in the area on Thursday, Friday and Saturday and Lt. Maxey said none that he was aware of. ACA/Kovacevich responded to Chair/McManus that the Commission could choose to grant a continuance. He said he did not agree with the due process concern raised by the applicant's attorney. This is a quasi-judicial administrative hearing - there are no formal rules of evidence and no ,.charges." This is the hearing to decide on the revocation and this is the time when everybody presents evidence including the applicant. The applicant received the packet with the staff report and corresponding evidence at the same time the Commission received the information. ICDD/Fong responded to Chair/McManus that the City sent a letter to the applicant a year ago reminding him that he needed to operate within the Conditional Use Permit and not have entertainment that was outside of the approved Conditional Use Permit because the City had received complaints. Chair/McManus asked if a new tenant was obligated under the Conditional Use Permit in effect at the time of the lease and 1CDD/Fong responded "yes." Mr. Weiser said he disagreed with ACA/Kovacevich and believed that the property owner, adjacent property owners, the Sheriffs Department and the City of Diamond Bar could be involved in protracted litigation. He said he had been through this over and over again with a lot of cities. The City of Los Angeles has the resources to fight this out in the courts and there may be APRIL 11, 2006 PAGE 17 PLANNING COMMISSION policy reasons. -He said he has represented motels in the downtown area of Sari Bernardino. He has nationally published cases and referred to Patel v. Penman, City of San Bemardino Hotel/Mote! Association v. City of San Bernardino, Montez v. City of Belltlowerand other recent cases. He asked in the beginning that the City find a middle path and said he had not heard anybody talk about whether there would be a way of mediating the alleged problems without having to put the applicant out of business along with the 37 people who work for him; any proposals of modifications of the Conditional Use Permit; any ability to sit down with the applicant to see if he has proposals and, instead of getting this City involved in the waste of a lot of taxpayer money and protracted litigation because it will not end here and it will not end with the City Council and there will not be a solution five years down the line. Try to resolve it — it is not an all or nothing proposition. As far as notice, he could have brought in a number of people including the security guards about what they perceive is happening in the area. So, there is good reason to have a continuance in addition to wanting the underlying reports. Mr. Astavakra assured the community that if things continue he will put a security guard in the area to prevent people from jumping over the wall or gate and to make sure things like that never happen. He asked for a chance to at least work on the problem. At the same time he would like the Sheriff's Department to work with them to prevent such occurrences and to protect his investment so that the City does not have to pay for it. As a human being he has a right to voice his opinions and he would like a chance to work it out. C/Lee asked Mr. Astavakra if he understood the nature of the problem and Mr. Astavakra responded affirmatively. CILee said he strongly believed that there was no need forthis matterto be continued and asked Mr. Astavakra if he agreed. Mr. Astavakra said the problem was not as it was portrayed because he could bring in 20 people from the same condominium complex who would say there was no problem. He could bring various people from the Sheriffs Department who would say there were no such problems as was portrayed in the report. The last report and last incident says no suspects found — everything is okay. ICDD/Fong explained that there was a second "finding" contained in staffs report and there were findings that supported the revocation or modifications of the Conditional Use Permit as well as other options for the Planning Commission. One of the options recommended by staff was to modify the Conditional Use Permit to eliminate an entertainment element, which, according to the applicant through his testimony is ancillary to his restaurant APRIL 11, 2046 PAGE 18 PLANNING COMMISSION use. The City has not indicated that it would shut down his business. The applicant did not have approval for the entertainment. ICDD/Fong reviewed the Planning Commissions' options: 1) To modify the Conditional Use Permit to eliminate the entertainment; 2) to allow the operation to continue with the entertainment and modify the Conditional Use Permit to add conditions of approval to address the public safety issue and eliminate the nuisance issue; 3) if the applicant desires to continue to have this type of nightclub use he would need to apply to modify the Conditional Use Permit and at the same time the Planning Commission would have the authority to impose additional conditions of approval to address any potential nuisance problem and, 4) the Planning Commission has the authority to say there is no nuisance problem and that the business is operating within the Conditional Use Permit. Chair/McManus asked whether the Commissioners wished to grant the applicant another continuance. CILee said he was not in favor of a continuance. Lt. Maxey responded to VC/Nelson that when an individual or business seeks to hire a deputy they believe it will eliminate the problem. Asking one deputy to deal with 700, 800, 900 people presents a safety issue and the department would never station an officer in such a circumstance. Whether the applicant agreed to pay one, two or three deputies, they would not be able to deal with that many people and the balance of officers on duty would be called in to assist and the department would be compromised and the response would fall to the taxpayers of the City of Diamond Bar. The intent would be to make it appear to be a Sheriff's Department problem whereas in realty the problem originated with Scribbles. He saw no benefit of having the applicant pay for a deputy because it would not alleviate the department's responsibility for responding to incidents and it would most certainly have little or no impact on the problems the department has experienced at the location. VC/Nelson said he had a difficult time being convinced that there was no sense on the part of the applicant that no problem existed. He did not like Sheriffs reports being referred to as allegations. The Commissioners are not judges, just simply citizens. Commissioners are appointed and told that as Commissioners their responsibilities are to act as citizens for the good of the community and it offends him when individuals try to turn this venue into APRIL 11, 2006 PAGE 19 PLANNING COMMISSION a court of law. He said he believed that based on staff's report that the applicant had pushed the envelope in several ways. He was surprised that at his first hearing following a two-year hiatus from the Commission that the applicant had requested a continuance because he was out of town and then to hear an advertisement on KIIS-FM radio about a big event on that very Thursday night. He would have thought that in such an instance discretion would have been the better part of valor if the applicant were serious about trying to resolve these issues with the City and the community. He believed that the gravity of this situation dictated immediate action. However, he was not inclined to only consider making a decision tonight. He said he was on the fence about granting the continuance on the condition that until a planned program was worked out that these events should cease and desist and further, that consideration be given as the plan was developed to offerto have representatives from Fall Creek work with the City and the applicant to provide a solution. In short, he was inclined to be fair and work out the problems. He wants the restaurant to stay but the ancillary problem areas need to be dealt with as expeditiously as possible. C/Everett said he was extremely troubled and concerned about the safety issue and he was very concerned about continuing this matter to the next meeting. He said he was equally troubled about allowing the applicant time to respond. He received the packet on Friday and he is still digesting the material. He understood the residents' concerns and had experienced the same frustrations and fears when he lived in another city. As residents each of us have rights and tough as it is sometimes, property owners on a different side of a decision have rights as well. He felt it had been confirmed this evening that staff's report was very clear about violations of the Conditional Use Permit and probable violations of the original intent due to statements by the applicant to the previous Commission. And in his opinion, there had indeed been as was earlier stated, a pushing of the envelope. He said he could not vote tonight on any action without allowing the applicant time to respond by the next meeting. Forthese reasons he would be inclined to vote in favor of a continuance to the next Planning Commission meeting. C/Torng stated that based on all of the evidence the basis of the Conditional Use Permit was described by the applicant and he felt it was important proof that there was a promise that there would be no DJ and no DJ music except for private events. He felt it was very strong evidence and felt it was not a matter of pushing the envelope but rather the applicant opened the envelope and this was a direct violation of the Conditional Use Permit. This is a public safety issue and what kind of image does this City intend to project? He APRIL 11, 2006 PAGE 20 PLANNING COMMISSION believed that in accordance with the General Plan the City should be a safe and rural community and believed that this was not in the City's image. This matter was postponed from March 14 to today and why should the Commission wait another two weeks. The applicant surely had enough time to talk with the lawyer and to make his presentation this evening. He appreciated the good effort by staff and the Sheriff's Department and he supported the evidence presented during tonight's meeting. CILee agreed that Commissioners were appointed to work for the common benefit of the people. Although there are no children present tonight to express themselves a mother who spoke about having to send her kids to their grandparent's house to avoid the environment. It behooves the Commission to create a better community for the children. The Commission should decide based on the City's ordinance whether the applicant has kept his promise to comply with the conditions of the Conditional Use Permit. C/Everett moved to continue the public hearing to April 25, 2006. The motion failed for lack of a second. C[Torng moved, CILee seconded to adopt a resolution amending Planning Commission Resolution No. 2003-16 to prohibit any and all entertainment use finding that the current operation of the business is a violation of the approved Conditional Use Permit; that the business constitutes a public nuisance and threatens the public health, safety and welfare of the community. VC/Nelson asked if in the event this motion was adopted whether the applicant would be allowed to offer a plan for a modified entertainment use. 1CDD/Fong said the applicant had two options: 1) To appeal the Planning Commission's decision to the City Council, and 2) to apply for a new Conditional Use Permit to allow for the current type of entertainment use. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Torng, Lee, VC/Nelson, Chair/McManus NOES: COMMISSIONERS: Everett ABSENT: COMMISSIONERS: None By virtue of the vote, the public hearing was closed. MARCH 14, 2006 PAGE 3 PLANNING COMMISSION approximately 9,288 square feet (includin/ofral balc les, covered patios, swimming pool, tennis court and anix r garage) on an existing vacant 1.68 acre parcel in the R!with a consistent underlying General Plan Land Use designral Residential. The applicant also requested approval of a Minol Use Permit to allow a driveway width greater than fourteen (14street property line. (Continued from February 28, 2006) PROJECT ADDRESS: 250 azzak Circle (Lot 181, Tract 30578 8713-009-066) iamond Bar, CA 91765 PROPERTY OWNER: Mr. and Mrs. Wasif Siddique 11076 Venture Drive Mira Loma, CA 91752 APPLICANT: Bob Larivee 17 Rue Du Chateau Aliso Viejo, CA 92656 CDDXng stated that although the applicant submitted new plans there were tech ical issues that needed to be resolved and staff was recommending that the Planning Commission receive testimony and close the Public Hearing. Staff will re -advertise the project for a future public hearing when the project is ready to move forward. With no one present who wished to speak on this item, Chair/McManus declared the public hearing closed. 10. PUBLIC HEARINGS: 10.1 CONDITIONAL USE PERMIT NO. 2003-01 — Originally approved on May 27, 2003, to allow for the operation of a restaurant and bar with entertainment (i.e., entertainment shall include only a jazz band, guitarist and pianist on a small state within the bar; and a DJ with dancing for banquets and private parties held within the banquet room) at the location referenced below. Condition No. 5(o) of the Conditional Use Permit requires that the City periodically review the operation to assure compliance with conditions of approval and consider whether to modify, add conditions as necessary or revoke the permit. MARCH 14, 2006 PROJECT ADDRESS: PROPERTY OWNER: APPLICANT: PAGE 4 PLANNING COMMISSION 245 Gentle Springs Lane (Scribbles Grill & Restaurant) Diamond Bar, CA 91765 P.N. Patel, Ratan Hospitality, LLC 1205 W. Sierra Madre Avenue Glendora, CA 91765 Raj Astavakra 6226 N. Calera Avenue Azusa, CA 91702 CDD/Fong stated that the owner was out of the country and requested the public hearing be continued to April 11, 2006. Chair/McManus opened the public hearing. Henry Lee, 364 Prospectors Road, presented the Commission with a letter signed by residents who are concerned about the restaurant and would like for the Commission to revoke their permit. Mr. Lee said he was not sure that he would be available to return on April 11, 2006, for the public hearing. Mr. Lee stated that he believed Scribbles was violating their Conditional Use Permit by allowing loud rap groups that drew unsavory elements to the community. Vehicles have been vandalized and open containers of alcohol are being strewn about the cul-de-sac area at the end of Gentle Springs Lane. Patrons of the restaurant have been observed vandalizing the entry gate, parking illegally in the complex, urinating on the premises and female patrons have been observed changing their clothes. He and his neighbors are very upset because Diamond Bar is a family community and children are present. Ming Wen Su said she lives close to the gate and every weekend (Thursday, Friday and Saturday) the music is so loud that it vibrates herwindows. She is a speech and hearing scientist and used her sound meter to measure the decibels. In front of her door she measured the sound at 84 decibels and closer to the restaurant it was at about 120 decibels. People who live on the same side of the complex as she complain that they are unable to sleep at night and even when she sleeps on the opposite side of her unit she can hear the loud music vibration. She says she frequently calls the police to complain and the police tell her that the business was not just a restaurant but a disco pub as well. When the department sends officers the business MARCH 14, 2006 PAGE 5 PLANNING COMMISSION turns off the music and when the officers leave the music starts up again. She said the Sheriffs Office encouraged her to call each time there is a problem but after several months of nothing being done they feel helpless. Every Thursday, Friday and Saturday the complex has to shut down their gate to keep the patrons out. One weekend a group was hanging out in the parking lot and walked toward the car so she felt like she had to drive away. She has seen groups try to force the gate open and she and her neighbors can detect the odor of burning marijuana. Herfather asked them to stop and they retaliated by shaking cars in the parking lot until the alarms went off. She said it happens on a frequent basis and she and her family are very concerned Tor their safety. Some of her neighbors feel they must move out because they cannot live under these conditions. Chair/McManus asked the speakers to come back to the meeting on April 11 and bring as many of their neighbors as possible so that the City would be able to get their concerns on the record. VC/Nelson asked Ms. Su to give an example that was equivalent to 84 decibels. Ms. Su said that 84 decibels was equal to honking traffic in a large city and 120 decibels would be equivalent to standing next to a moving train. Mrs. Su responded to C/Everett that the bass sound records at 84 decibels at her door. Mr. Lee stated that some of the residents told him last night that they had been verbally accosted by patrons of the bar demanding that the resident open the complex gate and allow them into the parking lot. C/Torng asked staff if there were similar Conditional Use Permits in the City. He recommended that at least one Sheriffs Deputy be asked to join the April 11, 2006, meeting. CDD/Fong responded that as indicated in staff's report, the approved entertainment for this facility is limited to a DJ and dancing only within the banquet room and not within the main bar and restaurant areas. She believed that according to the police report the restaurant has gone beyond the City's approval. Most certainly the Sheriffs Department will be available on April 11 to provide testimony as well. The Sheriffs Department personnel were not present tonight because the applicant requested continuance to April 11, 2006, and the applicant must be given due process to respond to the issue of public safety. On April 11, 2006, staff will provide the Commission with a presentation that includes evidence of possible non-compliance, response to public safety, police reports, etc. MARCH 14, 2006 PAGE 6 PLANNING COMMISSION The speakers are invited to bring all of their information to the April 11, 2006, meeting so that it can be included in the report. C/Lee asked if noise levels exceeding levels allowed under the Municipal Code could be considered a public safety hazard and CDD/Fong responded that the code indicates a maximum decibel level that a business is allowed to generate. If the decibels are exceeded the business must provide noise attenuation inside of the building to meet the minimum noise standards. CILee asked if noise could be considered a violation of the Conditional Use Permit. CDD/Fong responded that this forum gives the Planning Commission the opportunity to determine whether the applicant meets the noise ordinance standards under the Conditional Use Permit that was granted by the Planning Commission and if the Commission determined that the applicant did not meet the standard the Commission could impose additional conditions or revoke the Conditional Use Permit. C/Everett asked staff to include the detail of reported incidents in their April 11, 2006, report and indicate whether crimes occurred as a result of those incidents. He felt it would be also helpful to have feedback provided by the Los Angeles County Fire Department because of the reference to the department handling a possible safety hazard/code violation on July 22, 2005. CDD/Fong stated that due to the confidential nature of incident reports staff is allowed to provide only a certain amount of information with respect to incidents. C/Torng asked why the Planning Commission should not suspend the Conditional Use Permit at this time based on the applicant's non-compliance and ACA/Wohlenberg explained that Conditional Use Permits are considered "land use entitlements" and the City must observe due process before permits can be reduced or revoked. The public hearing process allows all sides to present their evidence and because the reports are not complete and the applicant is unavailable the City could not take any action to reduce or revoke the permit at this time. Chair/McManus asked if the Sheriffs Department had records back to 1995 and CDD/Fong said she believed so although only one year's worth of service calls would be considered. Chair/McManus felt that the evidence should reflect the history of complaints over the past number of years. Without objection, Chair/McManus declared the public hearing continued to April 11, 2006. T PLANNING COMMISSION AGENDA REPORT 21825 COPLEY DRIVE - DIAMOND BAR, CA 91765 -- TEL. (909) 839-7030 - FAX (909) 861-3117 www.CityofDiamondBar.com AGENDA ITEM NUMBER: MEETING DATE: REPORT DATE: CASE/FILE NUMBER: PROJECT LOCATION: APPLICATION REQUEST: PROPERTY OWNER: APPLICANT: STAFF RECOMENDATION: 7.2 April 11, 2006, continued from March 14, 2006 hearing April 4, 2006 Conditional Use Permit No. 2003-01 245 Gentle Springs Lane To review the operation of the Scribbles Grille and Restaurant to assure compliance with conditions of approval and to consider whether to modify, add conditions as necessary, or revoke the permit. P.N. Patel Rantan Hospitality, LLC 1205 W. Sierra Madre Avenue Glendora, CA 91741 Raj Astavaraka 6226 N. Calera Avenue Azusa, CA 91702 Staff recommends eliminating the entertainment use for Scribbles Grille and Restaurant kouf t;> 0, BACKGROUND: In May 2003, the business owner applied for, and was granted, a Conditional Use Permit (CUP No. 2003-01) for a bar and limited entertainment associated with the operation of Scribbles Grille and Restaurant (Scribbles). Since the approval of the Conditional Use Permit (CUP), there have been numerous public safety incidents associated with the operation of, and involving patrons from, Scribbles. These incidents required the Los Angeles County Sheriff's Department to respond to the location on numerous occasions. A summary of the public safety issues is described in Section II of this report and a detailed list of the number and type of incidents the Sheriff's Department has responded to is attached as Exhibit "F". As a result of the public safety issues associated with the operation of, and patrons from, Scribbles, City staff scheduled a Public Hearing before the Planning Commission on March 14, 2006 to consider evidence for revocation or modification of the Scribbles CUP. The business owner was provided notification of the hearing via certified letter. After receiving the certified letter, the owner requested the Public Hearing be continued for three weeks since he would be out of the country. As a condition for approving the request for a continuance, the business owner provided the City with a letter declaring the business would operate in compliance with the Conditional Use Permit during the three week period. On March 14, 2006 the Planning Commission opened the public hearing, accepted public testimony from two nearby residents, and continued the hearing to April 11, 2006. PURPOSE OF PUBLIC HEARING: The purpose of tonight's hearing is for the Planning Commission to hear evidence presented by the City and the business owner, accept additional public testimony and testimony from the Los Angeles County Sheriff's Department, and make determinations regarding the two following issues: A. Is the business operating in a manner that violates the Conditional Use Permit and the conditions for approval approved by the Planning Commission? B. Is the business a public nuisance or a threat to the public health, safety and welfare of the community? Based on the Commission's decision on the above determinations, the Commission should direct staff appropriately. Options for the Planning Commission are included in this report. ANALYSIS: VIOLATION OF CONDITIONAL USE PERMIT: A. Approved Entertainment per Conditional Use Permit No. 2003-01: On May 27, 2003, the Planning Commission approved Conditional Use Permit allowing Scribbles to have a bar and limited entertainment in conjunction with the restaurant use. The approved entertainment was limited to a jazz band, a guitarist or a pianist on a small stage within the bar; or a DJ with dancing for banquets and private parties held in the banquet room. At the CUP hearing in May 2003, the applicant testified that his business would be an upscale restaurant with a jazz band playing and no dancing, except for the private events like graduation parties, wedding receptions, etc. held in the banquet room. The attached Exhibit "G" is the minutes of the May 27, 2003 hearing. B. Current Business Operation: Scribbles regularly invites well known DJs from Southern California radio stations like KIISFM to entertain on Thursday nights. Exhibit "H" attached is an example of an advertisement for one of these events. This advertisement includes phrases such as "CLUB KIIS THURSDAY," and "Scribbles Nightclub, Hruven Media & KIIS FM in association with JBerna & AcropolisRPM." This type of advertisement is indicative of a nightclub which is contrary to the approved entertainment use. In addition, Scribbles routinely charges admission for these types of entertainment events. The entertainment authorized by the Conditional Use Permit would not normally include charging admission as admission is not usually charged for entering a private party, graduation party and other similar event. C. Staff Findings: Based on the evidence above, City staff finds that the applicant and the operation of Scribbles are not in conformance with the approved Conditional Use Permit No. 2003-01 and its conditions of approval (Planning Commission Resolution No. 2003-15). II. DETERMINATION OF A PUBLIC NUISANCE AND A THREAT TO THE HEALTH, SAFETY AND WELFARE OF THE COMMUNITY: A. Summary of Public Safety Incidents: Over the past two years, the City has had numerous public safety issues and incidents associated with the operation of, or from patrons associated with, Scribbles. The Los Angeles County Sheriff's Department has received calls for service for such issues as grand theft, battery, assault with a deadly weapon, extremely loud music, and public intoxication. Attached is Exhibit "F" which details the Sheriff's Department responses to service calls associated with Scribbles between April 2004 and March 2006. Included in the list are two separate incidents in February and March 2006 which required the City to dedicate a significant amount of public safety resources including both Fire Department and Sheriff's Department personnel. On February 2, 2006, Scribbles hired an alternative style rock band to play and charged admission to the event. The following public safety issues were associated with this event: large crowds, fights in the parking lot, brandishing of a firearm, reckless driving on Gentle Springs, a hit and run accident, an arrest for driving under the influence, and a traffic collision involving a 17 year old unlicensed driver. On March 2, 2006, the Deputies were alerted to another event that would draw a large number of people, a performance from a known DJ. Given the public safety issues associated with the February incident, additional Deputies were required to be on duty, the Sheriff's mobile command center was deployed and the surrounding agencies were put on notice should additional public safety resources be required to control the large number of people attending the event. At the City's request, the Sheriff's Department authorized overtime for 14 additional Deputies on March 2 through the early hours of March 3. The cost for these Deputies was paid by the City. In addition the Los Angeles County Fire Department was onsite to monitor all aspects of the event to ensure compliance with the posted occupancy and all other Fire Code requirements. While the significant law enforcement presence mitigated any significant public safety issues, there were still nuisance issues that occurred which impacted the surrounding businesses and nearby residents including as many as 100 to 200 individuals in line outside the entrance. Since the establishment was filled to capacity (580 people inside the premises including Scribbles personnel), these people had to wait until someone left the building before being allowed to enter. This many people waiting in line results in significant noise in the area. Other issues observed by the Sheriff Department personnel that night included underage individuals and adults leaving the premises intoxicated, and a number of fights just off the property. When the event ended, over 500 patrons left the premises in a short period of time resulting in traffic congestion and other vehicle/pedestrian hazards. A representative from Los Angeles County Sheriff will be at the meeting to provide a first hand account of the recent incidences on February 3 and March 3, 2006 and share the concerns the Sheriff Deputies have expressed regarding their own personal safety when responding to call at the subject location. As a side note, Deputies entered the premises prior to the start of the event and observed the upstairs banquet room was designated as a "VIP" room which contained two (2) massage tables and two (2) female masseurs. In order for a business to legally operate with a massage use, the business is required to obtain a Conditional Use Permit allowing such a use. The owner of Scribbles has not obtained nor even requested a CUP to allow such a use. B. Parking Impact. The site where Scribbles is located contains the Best Western hotel with 96 rooms. The total number of parking spaces available for both businesses is 267 spaces. The parking requirement for hotel is 1 per room plus 1 per staff. The number of parking spaces required for Best Western is 99 spaces. The parking requirement for Scribbles is 1 space per 75 square feet. The restaurant, bar and banquet room is 5,850 square feet with 100 square feet of outdoor dinning area. The number of parking spaces required is 79 spaces. The site has recorded reciprocal access and parking easements. The site has sufficient parking for the two uses. However, the site is not parked for a nightclub with special entertainment events that attract a regional crowd. The event on March 2, 2006 demonstrated that the site cannot accommodate special events that draw large crowds. For overflow parking, the patrons would park their cars at the K -mart parking lot. When the event ends, the patrons quickly leave the premises, which would pose a hazard when large number of cars exits from the premises and the K -mart parking lot to Gentle Springs and/or Diamond Bar Boulevard. C. Surrounding Businesses and Residents: At the March 14, 2006 hearing, two residents from Fall Creek condo complex spoke about the negative impact they have experienced because of Scribbles. Their complaints included loud music, Scribbles patrons breaking into their gated complex, gangster -looking individuals hanging out in their complex, use of drugs and alcohol in their parking lot. Exhibit "E" is the March 14`h letter with signatures of the condo complex residents submitted to the Commission. The letter lists the nuisance problems and disturbances. III. FINDINGS FOR THE REVOCATION OR MODIFICATION OF THE CONDITIONAL USE PERMIT, AND AUTHORITY OF THE PLANNING COMMISSION (Section 22.76): According to the City's Development Code, the Planning Commission has the authority to revoke or modify the Conditional Use Permit if any one of the findings can be made: A. Finding: Circumstances have been changed by the applicant to a degree that one or more of the findings contained in the original permit can no longer be made and/or the public health, safety and welfare require the revocation or modification. Staff Conclusion: The need for the deployment of additional Sheriff Deputies to handle the nuisance problems caused by the Thursday night entertainment is detrimental to public health, safety and welfare. B. Finding: The permit was obtained by misrepresentation or fraud. Staff Conclusion: The applicant testified at the public hearing of May 27, 2003 that his business is an upscale restaurant and the entertainment he was requesting would be to allow a jazz band to play with no dancing at all except for the private events like graduation parties within the banquet room. Exhibit "G" is May 27, 2003 Planning Commission minutes. The type of entertainment on Thursday nights, which advertised through known radio stations and having performances from know artist, and charging admission to these types of events is inconsistent with the representation made by the applicant during the original CUP public hearing. C. Finding: One or more of the conditions of the permit have not been met or have been violated. Staff Conclusion: Condition 0) of Planning Commission Resolution No. 2003-15 limits the entertainment to a jazz band, a guitarist or a pianist on a small stage within the bar; and a DJ with dancing for banquets and private parties held within the banquet room. The entertainment at Scribbles in the past is a violation of this condition. Condition (k) of Planning Commission Resolution No. 2003-15 states that the applicant shall not permit any public nuisance outside the restaurant including, but not limited to, unruly behavior by patrons which may contribute to noise. The nuisance problems demonstrated by Sheriff's report are a clear violation of this condition. D. Finding: The improvement authorized in compliance with the permit is in violation of any code, law, ordinance, regulation or statute. Staff Conclusion: The massage tables and the two masseurs on the premises were not part of the Conditional Use Permit No. 2003-01 approval. Having massage services require a Conditional Use Permit under Regional Commercial District, which the applicant has not obtained nor requested a CUP to allow such use. The massage services violate Section 22.10 and 22.58 of the Development Code, E. Finding: The improvement/use allowed by the permit has become detrimental to the public health, safety or welfare of the community, or the use operates in a manner which constitutes a public nuisance. Staff Conclusion: The need to deploy additional Deputies to mitigate significant public safety issues at Scribbles and the continued pattern of significant public safety calls for services associated with patrons of Scribbles is detrimental to public health, safety and welfare of the community. The requirement to dedicate a significant amount of the City's public safety resources to this location and the impacts to the nearby residents and businesses as a result of the operation of this business makes it a nuisance. Based on the above findings, City staff has determined that the business is not operating in conformance with the approved CUP and has violated Planning Commission Resolution No. 2003-15. Also City staff finds that the business is a public nuisance, is a threat to the health and safety of the community, and negatively Impacts the City's public safety resources. As a result the Conditional Use Permit 2003-01 should be modified to eliminate the entertainment use or revoked entirely. IV. OPTIONS FOR PLANNING COMMISSION: A. City staff recommends the Planning Commission find that the business is not operating in conformance with the approved Conditional Use Permit, is a public nuisance, is a threat to the health and safety of the community, and adopt the attached Resolution modifying the existing CUP to eliminate any and all entertainment on the premises. B. Maintain current approved entertainment: a jazz band, a guitarist or a pianist on a small stage within the bar; and a DJ with dancing for banquets and private parties held within the banquet room. Modify the Conditional Use Permit by adding conditions of approval such as requiring the submittal of a noise attenuation study and mitigations to address the loud music, the submittal of a safety and security plan for Sheriff's review and approval, etc. If Commission agrees with this option, then direct staff to bring back a resolution with the added conditions of approval for Commission approval at the next meeting. The Commission will need to continue the hearing to April 25, 2006 meeting. The applicant has a right to appeal the decision of the Planning Commission within 10 days after the Commission has adopted the resolution at the April 25, 2006 meeting. C. If the applicant desires to maintain the nightclub use, a new Conditional Use Permit is required and subject to Planning Commission review and approval. Through the review process, the Planning Commission may allow the additional nightclub use and may impose additional and appropriate conditions to ensure the entertainment would not impact the surrounding uses. The Planning Commission should direct the applicant to submit the Conditional Use Permit. Staff will analyze the application and will present with conditions of approval for the additional entertainment use. The applicant shall not have any entertainment beyond what was approved under Planning Commission Resolution No. 2003-15 while the application is in review. D. Determine that the business is operating within the approved Conditional Use Permit and deny the finding that the business is a public nuisance or a threat to the health, safety and welfare of the community. If the Commission makes this finding no further action or modifications to the existing CUP is required. RECOMMENDATION: Staff recommends that the Planning Commission: A. Make a finding that the current operation of the business is a violation of the approved Conditional Use Permit; and B. that the business constitutes a public nuisance, and threatens the public health, safety and welfare of the community; C Adopt the attached resolution amending Planning Commission Resolution No. 2003-15 to prohibit the entertainment use. Prepar by N Fo ICP Interim Co muni y Development Director Attachments: Exhibit "A" - Vicinity Map Exhibit "B - Site Plan Exhibit "C" - Floor Plan Exhibit "D" - March 14, 2006 Planning Commission Staff Report Exhibit "E" - March 14, 2006 letter from Fall Creek Residents Exhibit T" - Los Angeles County Sheriff Service Calls Report Exhibit "G" - May 27, 2003 Planning Commission Minutes Exhibit "H" - Advertisement from Scribbles Exhibit "I" - Planning Commission Resolution No. 2003-15 Exhibit "J" - Development Code Sections 22.10, 22.58 and 22.76 Draft Resolution No. 2006 -XX modifying Resolution No. 2003-15 INTEROFFICElf`* MEMORANDUM M011QMBAR COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION TO: Chairman and Members of the Planning Commission FROM: Nancy Fong, AICP Interim Community Development Director DATE: March 8, 2006 SUBJECT: Conditional Use Permit No. 2003-01 - To review the operation of the Scribbles Grille & Restaurant, 245 Gentle Springs, to assure compliance with conditions of approval and to consider whether to modify, add conditions as necessary, or revoke the permit. BACKGROUND: In May 2003, the Planning Commission approved Conditional Use Permit No. 2003-01 allowing Scribbles to include a bar and entertainment in conjunction with a restaurant. The approved entertainment was limited to a jazz band, a guitarist or a pianist on a small stage within the bar; and a DJ with dancing for banquets and private parties held within the banquet room. Since the approval of the Conditional Use Permit, the Los Angeles County Sheriff has experienced numerous safety issues_ with and around the facility. The types of problems that have occurred between March 2005 and March 2006 include grand theft, battery, assault with a deadly weapon, overcrowding, extremely loud music, intoxication, etc. Law enforcement has expended considerable amount of resources in time and man power to address the identified problems. Attached as Exhibit "A" is a copy of the Los Angeles County Sheriffs service call list identifying dates and types of service calls conducted at the subject location. The Planning Commission has the authority to review periodically the Conditional Use Permit for compliance of conditions of approval and to consider whether to modify, add conditions as necessary, or revoke the permit. As a result of the numerous safety concerns originating from Scribbles, the subject Conditional Use Permit is being presented to the Planning Commission for review and consideration of evidence. The legal property owner, Ratan Hospitality, and the proprietor of Scribbles, Mr. Raj Astavakra, have been provided with proper notice of the March 14, 2006, public It 03/07/2006 00:19 6263355565 CAL -ERA CENTR PAGE 01 Mar 07, 06 Rai Astavalcra Scn'boles Grill Diamond Bar, C.A. 91765 626-253-5000 Atta: Nancy Fong In regards to the upcoming healing on Mar 141', 2006, unfortunately I will be out of the country from dates. Marl3th — Apr 4th. I am requesting to re -schedule the heariutg anytime after Apr 4h. I received the letter from yourdepartment today and I am left with very little time to change my plans. I would greatly appreciate if you would consider my request to re -schedule the hearing. Thanking yoU, 4--1 ��JIAvakra &01151T ,o 01 03/07/2006 23:08 6263356565 Scribbles Grill 245 Gentle Springs Ln - Diamond Bar Atte: Nancy Fong City of Diamond Bar CALERA CENTR PAGE 01 r- March 8, 2006 17 This letter is in response to our conversation from yesterday regarding compliance ofC.U.P. issued to Scribbles Grill. These issues and concerns will be taken care of in my absence and full compliance will be met. Thanking you Sincerely, j As Vera Orlow " L-A! Orlow " March 14, 2006 Dear Diamond Bar Planning Commission: Re: Conditional Use Permit No. 2003-01 We, the residents of Fall Creek, a gated condominium community at the end of Golden Springs Cul-de-sac, have been adversely affected by the actions of Scribbles Bar and Grill. Scribbles is operating inconsistently with its Conditional Use Permit. It is in fact, a Rap Music Dance club, where patrons have to go through ID checks from the bouncers (at least 2 or 3) standing in front of the club. The actions of the operators of Scribbles Bar and Grill and its patrons disturb our community and our right to peaceful enjoyment of our property on the weekends The following is a list of activities associated with Scribbles Bar and Grill and its patrons seen and reported by Fall Creek Residents: 1. A band of 8-10 gangster -looking people in their 20s hanging out in our community, drinking alcohol, talking and cursing loudly, and -climbing and flipping over the gate to go to the dance club. 2. Using drugs in the walkway paths of our community, smoking marijuana, yelling and screaming, after we asked them to leave, they went and shook our neighbors' car and made the car alarm go off 5 times that night. 3. Loud music every Thursday, Friday and Saturday with 84 dB SPL (sound pressure level) from the parking lot and over 120 dB SPL from the Club. Our outer windows vibrates with the Rap Music, we can also hear clear booming rap music even from the other side of the house. The loudest time frame is between 12:30 am to 1:45 am. We have been reporting to the police, but the. music was turned back on every time right after the police left. According to the scientific reports, loud noise not only can damage human's hearing, it can also increase the risk of high blood pressure and heart disease. Loud music from Scribble Bar and Grill constantly disturbs our sleeping on the weekends. 4. Party goers urinating in front of the gate. 5. Girls changing their pants in front of our community gate 6. Lots of beer bottles and cans discarded all over our community and around the Cul -De -Sac at the gate 7. Party Goers climbed and flipped over the gate in and out of out community. They park illegally in our community parking lot 8. Party Goers lifting the gate off its track and caused the malfunction of the gear mechanism, forcing our gate to stay open until the community repaired it. 9. This has place an additional burden on our community, we now routinely disable our rear gate on the weekends preventing the gate from operating to secure the safety of our community. This bottlenecks our community in the event of an emergency. We now feel insecure to walk around the community at night. Please take action oil our petition to prevent the farther erosion of our community and our property values. Please revoke Scribbles' Conditional Use Permit for their abuse of their privilege to conduct business in our city. LkJ) �� Name Signature Address '7 7 U S O -v S J2-t'-LZI J 31 S' SU6&iA rtr�f5 77 L�-L17 -a, fl -At ,' 3 I '?(lo s D , 36y S PasP�c7�RS�D L,vtn UI Cna 4 o W eR 517 b.s AA Name Signature Address AAMZW3I q 5. A9 6r 1) 11 nod ,F PJ #5 2- 21q ce, ww LJQA 55� 616'--t :p V-436 T65 4Ifs MJ Scribbles 245 Gentle Springs Lane March 2005 — March 2006 Due to the numerous problems at the location, Deputies conduct constant patrol checks of Scribbles and the adjacent parking lots. (81 patrol checks were logged in the last year). Numerous contacts for loitering, loud music, drinking in the parking lot, curfew violations, and other disturbances have been made. Calls for service: Friday, March 11, 2005 Grand Theft Purse stolen from inside club, no suspect information. Friday, March 18, 2005 Sexual battery and battery / victim: female 19 years was grabbed on buttocks. When victim's male friend confronted suspects he was punched numerous times. Security intervened and victim was pepper sprayed. Per deputy the 19 year old victim appeared very drunk and was unable to stand without assistance. Suspects were gone prior to arrival of deputy. Suspects: 2 males 18-19 years old 1 No one in custody. Friday, March 25, 2005 Assault with a deadly weapon (bottle) occurred inside location. 2 victims: male 20 year old hit on the head with a bottle & male 19 year old was injured by broken glass 1 Suspect: male 21 year old arrested. (6 Sheriff units responded) Saturday, March 26, 2005 Vehicle stolen from Scribbles parking lot, no suspect information. Friday, June 17, 2005 Assault with a deadly weapon (gun, shod foot, and hands) Victim: male 19 years & sister 23 years were approached by male with a gun in the Kmart parking lot. Suspect left location and male victim started to enter vehicle. Before the door was closed suspects #1 - #3 pulled victim from vehicle, threw him to the ground and started kicking and hitting him. Female victim was assaulted by suspects' #4 - #6 and was pushed and hit. 6 suspects from the security company were arrested Thursday, July 14, 2005 Extremely loud music coming from inside location. Manager was advised / warning. ' RqI [ `t ,/ Friday, July 15, 2005 Extremely loud music coming from inside location. Music could not be heard at condo complex gate. Friday, July 22, 2005 Location overcrowded causing possible safety hazard. Fire department engine 121 Captain Cleveland handling. (6 Sheriff units responded) Friday, August 5, 2005 Suspicious circumstances, possible rape, occurred at the Best Western next door to Scribbles. Witness stated that his friends were at Scribbles prior to the incident. When the deputy arrived at the hotel he found the victim: female 20 year old, passed out drunk on the bed extremely intoxicated and non responsive. Victim was naked from the waist down. Victim was belligerent said that she had not been raped and declined a rape examination. Medical aid assisted. No suspect information. No one in custody. (6 Sheriff units responded) Saturday, August 13, 2005 Extremely loud music coming from inside location. Persons loitering at 364 Prospectors. Disturbing parties gone prior to deputy arrival. Friday, October 7, 2005 Assault with a deadly weapon (bottle) Victims friend, female 21 years was arguing with another patron. Victim stepped in to assist friend and slipped on the floor. While on the floor suspect threw bottle at victim striking her hand. Victim: female 21 year old. Suspect: Female Hispanic, approximately 20 years of age, no one in custody. Saturday, October 8, 2005 Several parties arguing inside location, fight pending. Disturbing parties gone prior to deputy arrival. (4 Sheriff units responded) Friday, October 21, 2005 Several drunks in parking lot, fight had occurred. Parties non desirous of a report. Treated by LA Fire engine 121 at the scene for minor injuries. (9 Sheriff units responded) Friday, December 9, 2005 Vehicle stolen from Scribbles parking lot. Plate number unkn. Unable to find plate in DMV clets. No suspect information. Sunday, January 1, 2006 Grand Theft -2 purses stolen from vehicle in parking lot. No suspect information. Sunday, January 22, 2006 2 males in Jeep threatening bouncers possibly with a tire iron. Suspects gone prior to deputy arrival. (5 Sheriff units responded) Friday, February 3, 2006* Brandishing deadly weapon (firearm). Suspect: Male (related to each other) Black 6' 170 lbs. 20-22 years old / No one in custody. (6 Sheriff units responded) Friday, February 3, 2006* Fight in the parking lot, approximately 20 males. No suspect information. No one in custody. Friday, February 3, 2006* Traffic collision in parking lot, 17 year old unlicensed driver. Juvenile released to her mother. Friday, February 3, 2006 Reckless driving observed on Gentle Springs, exhibition of speed, hit & run, and driving under the influence. Suspect: male 20 year old arrested. Friday, February 9, 2006 Patron was arguing with employees and was kicked out of location, wants to talk with deputies. Upset patron male 22 years was taken home by his friend female 20 years. Friday, February 17, 2006 Fight in Kmart parking lot as patrons' exited club. The 18 year old victim who had been drinking whisky in the parking lot was beaten severely, bottles were thrown during the altercation and as deputies arrived. Victim non desirous of prosecution. No one in custody. Thursday, March 2, 2006 An operations plan was created and Lt. Maxey accompanied by 14 Sheriff's deputies responded to provide police presence at an event expected to draw a large crowd of several hundred patrons. Friday, March 17, 2006 Large crowd at Scribbles (5 Sheriff units responded). Location checked out okay. Friday, March 24, 2006 Large crowd at Scribbles. Location checked out okay. Friday, March 26, 2006 Loud music at location per resident in condo's. Manager was warned and advised deputies he will cooperate by turning music down. Friday, March 30, 2006 Loud music at location per resident in condo's. Owner turned bass down. Deputies monitored area. (3 Sheriff's units responded). Saturday, April 1, 2006 Large crowd at Scribbles. Location checked okay, Sunday, April 2, 2006 Desk received a call from a subject saying he was security and there were shots fired at the business. Upon deputy arrival, deputies found that the call was made by a customer who was upset that he had been asked to leave. (3 Sheriff's units responded). Scribbles 245 Gentle Springs Lane January 2004 — January 2005 Due to the numerous problems at the location, Deputies conduct constant patrol checks of Scribbles and the adjacent parking lots. (38 patrol checks were logged in the year 2004). Contacts for loitering, loud music, drinking in the parking lot, curfew violations, and other disturbances have been made. Calls for service: April 1, 2004 Deputies contacted Scribbles Manager at the station regarding 3 lost passports. Reports were written. April 13, 2004 Burglary Alarm: Location checked secure. April 14, 2005 Burglary Alarm: Location checked secure. May 11, 2004 Burglary Alarm: Location checked secure. September 11, 2004 Deputies contacted victim regarding stolen cell phone, credit cards, and cash. Victim requested report to cover cell phone only, November 14, 2004 Unit requested to monitor Scribbles at closing, due to a large amount of people and traffic at location. November 15, 2004 Deputy contacted victim at Station lobby regarding a battery that occurred at Scribbles on November 12. Assault was committed by s named suspect, but victim was non desirous of prosecution. Suspect hit victim and had tried to pull victim from vehicle. MAY 27, 2003 *- 3 15x Page 5 PLANNING COMMISSION OF 15-z7-0 (N UTAS r ain above 42 inches it requires a Variance that is not on tonight's agenda. In ad ' 'on, on page 9 of the resolution, the applicant is asked to submit a soils report, if requi . The Building Official will decide whether or not it is required to support the proj . The first priority is the safety of the residents and the proper structural integrity o e structures being created. Mr. Maese agree with the item regarding the soils report. He read it wrong. He has no problem with it ause if it affects the safety of the area he would not want any problem. Regarding hedge, he will do what he has to do so that the matter of the hedge would have no be 'ng on the project. DCM/DeStefano explained to hair/Tye that staff could deal with a Minor Variance request for a five and one-half fo hedge. If he wanted the hedge to be six or seven feet high he would have to reque a Variance requiring another noticed public hearing before the Planning Commissi . He felt the expense would no be worth the effort. However, it was the homeowner ecision. Chair/Tye opened the public hearing. There being no one present who wished to speak on 'smatter,hair/ Tye closed the public hearing. C/Ruzicka stated that in View of the applicant's acqoved for Planning Commission approval of Development Review 200r Conditional Use Permit 2003-07, Findings of Fact, and conditions 'sted. C/Tanaka seconded the motion. Motion carried by the followvot AYES: COMMISSIONERS: Ruzicka, Tanaka, Nelson, NOES:COMMISSIONERS: None Conditional Use Permit No. 2003-01. (Pursuant to Code Sections 22.58 and 22.10.030 -- Table 2-6), is a request to provide entertainment and a bar in connection with an existing restaurant identified as Scribbles Grille. PROJECT ADDRESS: 245 Gentle Springs Lane Diamond Bar, CA 91765 it MAY 27, 2003 Page 6 PLANNING COMMISSION PROPERTY OWNER: APPLICANT: P.N. Patel Ratan Hospitality, LLC 1205 W. Sierra Madre Avenue Glendora, CA 91741 Raj Astavakra 6226 N. Calera Avenue Azusa, CA 91702 AssocP/Lungu presented staff s report. Staff recommends Planning Commission approval of Conditional Use Permit No. 2003-01, Findings of Fact, and conditions of approval as listed within the resolution. C/Tanaka asked what kind of security measures the applicant would provide. AssocP/Lungu referred C/Tanaka to the resolution section that stated "the applicant shall provide the appropriate security measures associated with this permit and as required by the City." C/Tanaka asked about the discrepancy regarding the hours of operation and sale of alcoholic beverages. AssocP/Lungu said the hours could be added to the resolution. Chair/Tye asked for clarification of the fifth and last bullet points on page 3. In particular, would music be allowed on the outside patio? Raj Astavakra, offered support that the legacy left behind by the Platinum Club would riot be in any wa shaj2e or form if we establish Scribbles Grille. He understood the City to have numerous problems with adding the Platinum Club and the parking structure, the loitering of people, none of these activities going on. They shall -not be there. It's going to be upscale dining with a jazz band playing. Last call is at 12:00 midnight. We kept it at 1:00 a.m. so that atrons could finish their drinks and have a cooling off period before leaving the restaurant. There will be no D. J. music or any dancing except for private events if they want to dance — like graduation parties or things like that. Otherwise there will be no dancing at all. Not even to the jazz band music. It is Just going to be for entertainment purposes only. MAY 27, 2003 Page 7 PLANNING COMMISSION C/Tanaka asked Mr. Astavakra what is the room capacity for the bar and for the room upstairs. W. Astavakra responded that the capacity for the upstairs room is 55-90 people sitting at one time in the banquet room. The bar has a 125 person capacity including the patio area. Chair/Tye opened the public hearing. There being no one present who wished to speak on this matter, Chair/Tye closed the public hearing. Chair/Tye asked if the project was conditioned to prevent prior adverse occurrences at the premises. DCNMeStefano explained that this is a different application and a number of things have occurred since the Planning Commission considered another application for, this location a few years ago. That applicant for that project ultimately incorporated practically all of the requirements that the Sheriff's Department and Fire Department required for the operation that they were conducting. As a result, many of those requirements have carried over to this project. This project may be slightly different and that is why the Fire Department will be taking a cursory look at the new operation. This is not labeled as a nightclub and it is not proposed to activate as such, as was the former project. Therefore, staff does not see the same issues and have attempted to write a variety of conditions that limit the activity to the D.J. and others that were mentioned. In addition, the Planning Commission received testimony from the applicant about what the activity would be. Staff believes the conditions are in place to protect the City from the problems associated with the previous operator. Should issues come to staff's attention i.e., noise in the neighborhood, condominium owners concerned about noise and debris, vehicles where they should not be, etc., would be brought to the Commission's attention with a modification process. Likewise would be non-compliance with fire department requirements, building and safety requirements and issues related to calls for service to the sheriff's department. At this point, staff believes the City will not have to deal with those kinds of issues. However, should they arise, the Commission has the ability to review the matter and to either change the operating conditions or revoke the permit. MAY 277 2003 Page 8 PLANNING COMMISSION DCM/DeStefano responded to Chair/Tye that this project is much further along than the prior project was when it received its approvals. There are a few items remaining for the applicant's compliance, but staff does not see the same kinds of issues that haunted the prior project. Also, the County business licensing had a number of staffing issues that occurred with the previous application that reeked havoc with the process. Those issues have not occurred since. DCM/DeStefano responded to C/Tanaka's concern about appropriate security measures. If the Commission wished to do so it could change the condition to be more specific in its verbiage and would involve a discussion between staff and the City's team lieutenant to determine the most appropriate means of providing security for this project. This project requires a business license from L. A. County and there may be additional conditions related to security. Chair/Tye asked Mr. Astavakra to return to the speaker podium. Chair/Tye asked Mr. Astavakra if he understood staff's conditions and was in agreement with those conditions. Mr. Astavakra responded "that is true, sir." He said he had already applied for the entertainment business license from the County of Los Angeles and that it was approved. However, the security guard will be provided to the restaurant on Fridays and Saturdays, depending on the makeup and number of customers. He has not yet begun advertising pending the Planning Commission's approval. With the Commission's approval he will begin advertising for the live band and the alcoholic permit. Chair/Tye noticed that the floor plan was provided on Rangoli letterhead. He asked Mr. Astavakra if he operated that restaurant also. Mr. Astavakra responded, yes. Chair/Tye said, "so you know a thing or two about operating a restaurant." Mr. Astavakra replied "that is correct, sir." Chair/Tye thanked Mr. Astavakra. MAY 27, 2003 Page 9 PLANNING COMMISSION DCM/DeStefano reminded Chair/Tye about Condition (i) and the question about the hours of sales and consumption for alcoholic beverages. The Commission may want to amend the condition so that the first sentence would remain as written and a second sentence would be added to wit: "No alcoholic beverages shall be sold after 12:00 midnight." C/Ruzicka said that in view of the discussion and taking into account the applicant's agreement with this evening's additional discussion on conditions, he made the following motion. That the Planning Commission approve conditional Use Permit No. 2003-01, Findings of Fact and conditions of approval as listed within the resolution including the suggested changes to page 5 Condition (i) that "no alcoholic beverages shall be sold after 12:00 midnight." C/Tanaka seconded the motion. Motion approved by the following Roll Call vote: AYES: COMMISSIONERS: Nelson, Ruzicka, Tanaka, Chair/Tye NOES: COMMISSIONERS: None ABSENT: COMIvHSSIONERS: VC/Nolan Chair/Tye thanked Mr. Astavakra for opening his restaurant in Diamond Bar. The City appreciates his business. 9. PANNING COMMISSION COMMENTS: C/Ruzicka stated that during rece scussions regarding amendments to the Development Code, one of the items was landscape on the City's slopes. In a discussion with a couple of officials from the water district, he wa old that Federal grants were available to cities for planting of native type plants on the slop He asked that staff take that issue into account when planning for landscaping of slopes. DCMIDeStefano said staff was aware of grants for landscaping but was familiar with grants for creation of development st ards. Staff will further research the possibility. He noticed over the weekend that a good porti of the major slope across from L.orbeer Middle School was Iandscaped. C/Ruzicka said that Sunset Magazine has a feature on " -wise gardening for California." 10. INFORMATIONAL ITEMS: DCM/DeStefano said his a e would be to not drive the SR 57 between 9:00 p.m. until 5:00 a.m. starting Wednesday, or jus out any other day for the next week between 9:00 p.m. and 6:00 a.m. CalTrans will plat ge concrete Svjbbtes Nightclub, Gruven Med>ra & KIIS FM ' n'a. s iation with Merna & Acropb isRPM present �.!r w3 ©RINKS to , _�� CLI f Rwa; C Pe f3k? ID G•+ 100 w 9%11cat: for M Ials 9".717_2M _.�. 18+ • DTm Cs Enfc&cW e0 AV 3 T Cx t l.�t° a 1 dear 3 J Vit: X69 Jam: 71t A76.5?PEt c aC� SCRIBBLES � S 0,__.l245 S spr�rgs C G, Ap t t ��y. iT.atrx3csd far, GA . D I A`S M G N D L3 A � Qiv6-42i4h4 t z Manner On the Streets" t+o. ,, Rccnpd-S$ASI Nall wmm S�araheeMa�azrau ctt�+ Di's Draw tusFK Win, Ron & Raul -m-r"1 J't*(VW Flockin Hip -Hop • Top 40 & Club p PLANNING COMMISSION RESOLUTION NO. 2006-16 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, APPROVING A MODIFICATION TO CONDITIONAL USE PERMIT NO. 2003-01, BY ELIMINATING THE ENTERTAINMENT USE FOR SCRIBBLES GRILLE AND RESTAURANT LOCATED AT 245 GENTLE SPRINGS LANE, DIAMOND BAR, CALIFORNIA, 91765. A. RECITALS On March 26, 2003, the property owner, P. N. Patel of Ratan Hospitality, LLC, and applicant, Raj Astavakra, filed an application for Conditional Use Permit No. 2003-01 requesting a bar and entertainment use for the property located at 245 Gentle Springs Lane, Diamond Bar, Los Angeles County, California. ��. On May 27, 2003, after conducting and concluding a duly noticed public hearing, the Planning Commission adopted Resolution No. 2003-15 approving Conditional Use Permit No. 2003-01 allowing Scribbles Grille and Restaurant to serve alcoholic beverages and to have limited entertainment as follows: a jazz band, a guitarist or a pianist on a small stage within the bar; and a DJ with dancing for banquets and private parties held within the banquet room. 3. As a condition of approval, the Planning Commission has the authority to periodically review the Conditional Use Permit to ensure compliance with all conditions of approval and applicable codes. As a result of the public safety issues associated with the operation of, and patrons from, Scribbles Grille and Restaurant, a public hearing was set for March 14, 2006 Planning Commission meeting to review and consider evidence for revocation or modification. 4. On March 3, 2006, public hearing notices were advertised in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers; and public hearing notices were mailed to approximately 219 property owners within a 700 -foot radius of the project site. Furthermore, the property owner and the applicant were duly notified of the hearing via certified letter. 5. On March 14, 2006, the Planning Commission of the City of Diamond Bar opened the public hearing, accepted public testimony, and continued the public hearing to April 11, 2006. On April 11, 2006, the Planning Commission concluded the duly noticed public evidentiary hearing for Scribbles Grille and Restaurant. 6. All legal prerequisites prior to the adoption of this Resolution have occurred. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon substantial evidence presented to this Planning Commission during the above -referenced public hearing on March 14 and April 11, 2006, including written and oral staff reports, together with pubic testimony, this Planning Commission hereby specifically finds and concludes as follows: (a) The overall site is a 5.02 acre of land developed with the Best Western Diamond Bar Hotel, a restaurant building identified as Scribbles Grille and related landscape and parking areas. (b) The General Plan land use designation for the site is General Commercial (C) and the Zoning District is Regional Commercial District (C-3). (c) To the north is the Orange (57) Freeway, to the south is the existing K -mart shopping center which is zoned Regional Commercial (C-3), to the east is existing condominiums which are zoned Multi -family Residence -15 Units Per Acre (R -3-15U), and to the west is the Pomona (60) Freeway. (d) Development Code Section 22.76 authorized the Planning Commission to revoke or modify the Conditional Use Permit if findings can be made as listed below in items (e) through (i). Conditional Use Permit (e) Circumstances have been changed by the applicant to a degree that one or more of the findings contained in the original permit can no longer be made and/or the public health, safety and welfare require the revocation or modification. 2 Planning Commission Resolution No. 2006-16 The need for the deployment of additional Sheriff Deputies to handle the nuisance problems caused by the Thursday night entertainment is detrimental to public health, safety and welfare. (f) The permit was obtained by misrepresentation or fraud. The applicant testified at a public hearing on May 27, 2003, that his business is an upscale restaurant and the entertainment he was requesting would be to allow a jazz band with no dancing at all except for private events like graduation parties within the banquet room. The type of entertainment on Thursday nights, which is advertised through known radio stations and having performances from known artists, and charging admission to these types of events, is inconsistent with the representation made by the applicant during the original Conditional Use Permit public hearing. (g) One or more of the conditions of the permit have not been met or have been violated. Condition 0) of Planning Commission Resolution No. 2003-15 limits the entertainment to a jazz band, a guitarist or a pianist on a small stage within the bar; and a DJ with dancing for banquets and private parties held within the banquet room. The entertainment at Scribbles in the past is a violation of this condition. Condition (k) of Planning Commission Resolution No. 2003-15 states that the applicant shall not permit any public nuisance outside the restaurant including, but not limited to, unruly behavior by patrons which may contribute to noise. The nuisance problems demonstrated by Sheriff's report are a clear violation of this condition. (h) The improvement authorized in compliance with the permit is in violation of any code, law, ordinance, regulation or statute. The massage tables and the two masseurs on the premises were not part of the Conditional Use Permit No. 2003-01 approval. Having massage services requires a Conditional Use Permit under Regional Commercial District, which the applicant has not obtained norapplied for the appropriate permit. The massage services violate Sections 22.10 and 22.58 of the Development Code. (i) The improvement/use allowed by the permit has become detrimental to the public health, safety or welfare of the community or the use operates in a manner which constitutes a public nuisance. 3 Planning commission Resolution No. 2606-46 The need to deploy additional Deputies to mitigate significant public safety issues at Scribbles and the continued pattern of significant public safety calls for services associated with patrons of Scribbles is detrimental to public health, safety and welfare of the community. The numerous public safety incidents occurring at this location negatively impacts the quality of life of nearby residents and businesses making the operation of this business a public nuisance. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby modifies Conditional Use Permit 2003-01 as follows: (a) All pertinent conditions of approval set forth in Conditional Use Permit No. 2003-01 shall remain in full force and effect except for Condition Q) of Planning Commission Resolution No. 2003-15, which shall be rescinded. (b) Conditions of approval set forth in Administrative Review Resolution No. 2003-01, approved January 14, 2003, shall remain in full force and effect except as otherwise specified in this resolution. (c) Entertainment use is revoked and all entertainment shall cease immediately. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: P. N. Patel, Ratan Hospitality, LLC, 1205 W. Sierra Madre Avenue, Glendora, CA 91741, and Raj Astavakra, 6226 N. Calera Avenue, Azusa, CA 91702. APPROVED AND ADOPTED THIS 11TH DAY OF APRIL 2006, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. 1'3'1 4 Planning Commission Resolution No. 2006-16 I, Nancy Fong, 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 11th day of April 2006, by the following vote: AYES: Commissioner: NOES: Commissioner: ABSENT: Commissioner: Torng, Lee, VC/Nelson, Chair McManus. Everett. None. ABSTAIN: Commissioner: None. ATTEST: Nancy Fong, cret ry 5 Planning Commission Resolution No. 2006-16 PLANNING COMMISSION RESOLUTION NO. 2003-15 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING CONDITIONAL USE PERMIT NO. 2003-01, A REQUESTTO PROVIDE ENTERTAINMENT AND A BAR IN CONNECTION WITH AN EXISTING RESTAURANT. THE PROJECT SITE IS LOCATED AT 245 GENTLE SPRINGS LANE, DIAMOND BAR, CALIFORNIA, 91765. A. RECITALS. The property owner, P. N. Patel of Ratan Hospitality, LLC, applicant, Raj Astavakra and applicant's agent, Lea Aguilar have filed an application for Conditional Use Permit No. 2003-01 and categorical exemption for a property located at 245 Gentle Springs Lane, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Conditional Use Permit and categorical exemption shall be referred to as the "Application." 2 On January 14, 2003, at an Administrative Review hearing, the City approved Administrative Review Resolution No. 2002-01 for Minor Conditional Use Permit No. 2002-10, which allows th,- sale and on-site consumption of alcoholic beverages in connection with a restaurant and outdoor dining. However, the Minor Conditional Use Permit does not allow bar seating or entertainment. On March 26, 2003, the property owner, applicant and applicant's agent submitted an application requesting a bar and entertainment which requires the approval of a Conditional Use Permit. 3. On May 8, 2003, public hearing notices were mailed to approximately 219 property owners within a 700 -foot radius of the project site and the public notice was posted in three public places. The project site was posted with a display board on May 13, 2003. Furthermore, on May 15, 2003, notification of the public hearing for this project was provided in the San Gabriel Valle Tribune and Inland Valley Daily Bulletin newspapers. 4. On May 27, 2003, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: It 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 is categorically exempt pursuant to Section 15301 of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. Furthermore, the categorical exemption reflects the independent judgement of the City of Diamond Bar. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project relates to a 5.02 acre commercial parcel developed with the Best Western Diamond Bar Hotel, a restaurant structure (three levels with a total of approximately 9,000 square feet) identified as Scribbles Grille and related landscape and parking areas. (b) The project site has a General Plan land use designation of General Commercial (C). (c) The project site is within the Regional Commercial (C-3) Zoning district. (d) Generally, the following zones and uses surround the project site: To the north is the Orange (57) Freeway; to the south is the C-3 Zone; to the east is the Multi -family Residence -15 Units Per Acre (R -3-15U) Zone/condominiums; and to the west is the Pomona (60) Freeway, the Manufacturing -Development Plan -Billboard Exclusion (M -1 -DP - BE) Zone/self storage facility. (e) The Application request is to allow a bar and entertainment in connection with an existing restaurant currently identified as Scribbles Grille. Conditional Use Permit (f) The proposed use is allowed within the subject zoning district with the approval of a Conditional Use Permit complies with all other applicable provisions of the Development Code and the Municipal Code; The purpose of the Conditional Use Permit is to provide a process for reviewing specified activities and uses identified in a zoning district whose effect on the surrounding area cannot be determined before being proposed fora particular location. The Application request is to provide a bar and entertainment in connection with an existing restaurant. A bar and entertainment are permitted in the Regional Commercial (C-3) zone with approval of Conditional Use Permit. A restaurant use is permitted by right in this zoning district. Compliance with standards required for the bar and entertainment in Development Code Section 22.10.030 — Table 2-6 and as amended herein will comply with all other applicable provisions of the Development Code and the Municipal Code. (g) The proposed use is consistent with the General Plan and any applicable specific plan; The project site has a General Plan land use designation of General Commercial P. Objectives and Strategies of the General Plan provide for land uses that are diverse, mixed-use commercial retail, office and services uses within this land use category. A bar and entertainment that will be in connection with a restaurant is considered a service use and compatible with this land use category as conditioned within this resolution (h) The design, location, size and operation characteristics of the proposed use are compatible with the existing and future land uses in the vicinity; The restaurant structure is existing and operational and meets the required development standards related to lot size, setbacks, height, landscaping, parking, etc. The bar area with a small stage is also existing. The proposed use, as conditioned within this resolution, will be compatible with the existing and future land uses in the vicinity. The staff has visited the project site several times and has not found conditions that would be unacceptable according to the City's Development Code. The project site provides adequate parking to accommodate the hotel and restaurant with a bar and entertainment as limited within this resolution. Compliance with the Development Code, conditions set forth in this resolution and obtaining the appropriate permits for the Department of Alcohol and Beverage Control and Los Angeles County Business License for entertainment will ensure that the operational characteristics of this business will not interfere with and will be compatible with the existing and future land uses in the vicinity, (i) Granting the Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located; As referenced above in items (f) through (i), the proposed bar and entertainment with a Conditional Use Permit in connection with a restaurant will be required to implement operational standards as prescribed in the City's Development Code to ensure that this use is not detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located. (j) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA); Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15301 and guidelines promulgated thereunder, the City has determined that this project is categorically exempt. Furthermore, the categorical exemption reflects the independent judgment of the City of Diamond Bar 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: (a) The project shall substantially conform to site plan and floor plan, labeled as Exhibit 'A" dated May 27, 2003, as submitted and approved by the Planning Commission, and as amended herein. (b) The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. (c) Applicant shall remove the public hearing notice board within three days of this project's approval. (d) Conditions of approval set forth in Administrative Review Resolution No. 2003-01 (approved January 14, 2003) shall remain in full force and effect except as otherwise specified in this resolution. (e) Applicant shall obtain the appropriate permits for Los Angeles County Business License and Department of Alcohol and Beverage Control before providing entertainment and the sale and on-site consumption of alcohol beverages. (f) No loitering shall be permitted on any property adjacent to the licensed premises which is under control of the applicant or on the licensed property. Applicant shall post a "No Loitering" sign in front of the business in a conspicuous place adjacent to the front door. (g) Applicant shall provide the appropriate security measures associated with this permit and as required by the City. (h) Hours of operation shall be limited to 6:00 a.m. to 1:00 a.m. seven days a week. (i) Hours for the sale and on-site consumption of alcohol beverages shall be between 10:00 a.m. and 1:00 a.m. No alcohol beverages shall be sold after 12 midnight. (j) Entertainment shall only include a jazz band, guitarist, and pianist and which shall occur on the small stage within the bar. Furthermore, a DJ with dancing shall only occur for banquets and private parties held within the banquet room. (k) Applicant shall comply with the City's noise standards and shall not permit any public nuisance outside of the restaurant structure, including but not limited to, unruly behavior by patrons which may contribute to noise. (1) No amplified music or sound shall be permitted outside the restaurant structure. (m) Applicant shall be responsible for maintaining a graffiti free project site and a graffiti free area adjacent to the project site over which the applicant has control. The applicant shall be responsible for the graffiti removal within 48 hours of its appearance or upon notification to the applicant of its appearance. (n) Applicant shall be responsible for maintaining a litter free area adjacent to the premises over which the applicant has control and any parking lot area use specifically for restaurant patrons. (o) To ensure compliance with all conditions of approval and applicable codes, this Conditional Use Permit shall be subject to periodic review. If non-compliance with conditions of approval occurs, the Planning Commission may review the Conditional Use Permit and additional operational conditions may be added or revocation of permits may occur. (p) Priorto the issuance of a Certificate of Occupancy, the applicant shall trim and stake existing trees and add ground cover to planters that are located within the parking area behind the restaurant structure. (q) Prior to the issuance of a Certificate of Occupancy, the applicant shall submit a revised site plan delineating the path of travel from the parking lot to the restaurant structure and from the curb to the restaurant structure. The path of travel from handicap parking to the restaurant structure shall not exceed a cross slope of two percent. Additionally, the existing handicap ramp shall be certified that it meets all accessibility requirements. (r) Plans shall meet all "A2.1" occupancy requirements. (s) Applicant shall conform to State and local Building Codes (i.e.; 2001 editions of the CAL. Building Code, Plumbing Code, Mechanical Code, and National Electrical Code) as well as the State Energy Code. Additionally, the applicant is required to obtain appropriate permits, inspections and Certificate of Occupancy; (t) Prior to the issuance of a Certificate of Occupancy and on a revised floor plan, the applicant shall delineate the following: (1) Restrooms along with fixture location and dimensions which shall be handicap accessible; (2) Doors and door swings; (3) Each room's use in order to determine occupancy; (4) One-hour corridor with 20 minute doors; and (5) Handicap seating for all areas. (u) The applicant shall submit plans to the Los Angeles County Fire Department, Los Angeles County Health Department and Waste Management. (v) Applicant shall provide a seating plan for review by the Los Angeles County Fire Department. Additionally, the Los Angeles County Fire Department will test the fire alarm and inspect the hood system, prior to the issuance of the Certificate of Occupancy. (w) To ensure compliance with all conditions of approval and applicable codes, this Conditional Use Permit shall be subject to period review. If non-compliance with conditions of approval occurs, the Planning Commission may review the Conditional Use Permit and the Commission may revoke or modify the Conditional Use Permit. (x) This grant is valid for two years and shall be exercised (i.e., within that period or this grant shall expire. A one-year extension of time for this application may be approved when submitted to the City in writing at least 60 days prior to the expiration date. The Planning Commission will consider the extension request at a duly noticed public hearing in accordance with Chapter 22.72 of the City of Diamond Bar Development Code. (y) This grant shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have filed, within fifteen (15) days of approval of this grant, at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware of and agree to accept all the conditions of this grant. Further, this grant shall not be effective until the permittee pays remaining City processing fees, school fees and fees for the review of submitted reports. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: P. N. Patel, Ratan Hospitality, LLC, 1205 W. Sierra Madre Avenue, Glendora, CA 91741, Raj Astavakra, 6226 N. Calera Avenue, Azusa, CA 91702, and Lea Aguilar, 21860 Stonepine Drive, Diamond Bar, CA 91765. APPROVED AND ADOPTED THIS 27TH DAY OF MAY 2003, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, BY: Tye, C�4irman 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 27th day of May 2003, by the following vote: MlM10119 AYES: Commissioners: Tye, Nelson, Ruzicka, Tanaka NOES: None ABSENT: Commissioner: Nolan ABSTAIN: None CHAPTER 22. 10. COMMERCIAL/INDUSTRIAL ZONING DISTRICTS Page 7 of 11 KEY TO PERMIT REQUIREMENTS TABLE INSET: Symbol L- -Z G- P Permitted use, zoning clearance required (2) 22.46 Equipment rental (construction equipment, etc.) CUP CUP CUP Hotels and motels P P P Medical services --Clinics and labs P P P Medical services --Hospitals CUP CUP CUP Offices --Accessory to primary use P P P Offices --Business and professional P P P PersonaLservice Personal services --Acupressure, ma a e therapy, tattoo parlors P CUP P CUP P CU sychic rea er P P P Public safety facilities P P P P Public utility facilities P P P P Repair services P Service stations P P P P Storage, outdoor P P j 22.42.090 Storage, indoor P P Vehicle services--Maintenancelm!nor repair P P P Vehicle services --Major repair/body work CUP P Veterinary clinics and animal hospitals CUP P TRANSPORTATION & COMMUNICATIONS USES Heliports CUP Parking facilities/vehicle storage CUP CUP Radio and television antennas and wireless telecommunications antenna facilities(4) 22.42.130 Transit stations and terminals P Utility lines P P P P Vehicle and freight terminals CUP CUP KEY TO PERMIT REQUIREMENTS TABLE INSET: Symbol Permit Requirement Procedure is in Chapter P Permitted use, zoning clearance required (2) 22.46 MUP Conditional use, minor conditional use permit required 22.56 (2) Tn1Code.CCT_6M httpa/li rary3.cc Cdr ScTra . r�, 22 . •?9 ZZ CHAPTER 22.58. CONDITIONAL USE PERMITS CHAPTER 22.58. CONDITIONAL USE PERMITS Sec. 22.58.010. Purpose. Page 1 of 2 The purpose of this chapter is to provide a process for reviewing conditional use permit applications which are intended to allow for specified activities and uses as identified in the various zoning districts whose effect on the surrounding area cannot be determined before being proposed for a particular location. Applications for conditional use permits will be reviewed for the location, design, configuration and potential impacts to ensure that the proposed use will protect the public health, safety andwelfare. (Ord. No. 02(1998), § 2,11-3-98) Sec. 22.58.020. Applicability. An application for a conditional use permit may be filed with the department, in compliance with chapter 22.44 (Applications, Processing, and Fees), for a specified land use that is listed in article 11 (Zoning Districts and Allowable Land Uses) as requiring a conditional use permit. A public hearing is required for all conditional use permits, which shall be considered by the commission. (Ord. No. 02(1998), § 2, 11-3-98) Sec. 22.58.030. Application filing, processing, and review. (a) Filing. An application for a conditional use permit shall be completed, filed, and processed in compliance with chapter 22.44 (Applications, Processing, and Fees). It is the responsibility of the applicant to establish evidence in support of the findings required by section 22.58.040 (Findings and decision), below. (b) Project review procedures. Each application shall be analyzed by the department to ensure that the application is consistent with the purpose and intent of this chapter. (c) Notice and hearings. An application for a conditional use permit will be scheduled for a public hearing once the department has determined the application complete. Noticing of the public hearing will be given in compliance with chapter 22.72 (Public Hearings). (Ord. No. 02(1998), § 2, 11-3-98) Sec. 22.58.040. Findings and decision. 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: (1) The proposed use is allowed within the subject zoning district with the approval of a conditional use permit and complies with all other applicable provisions of this Development Code and the Municipal Code; (2) The proposed use is consistent with the general plan and any applicable specific plan; http://Iibrary3.municode.com/mcc/DoeView/12790/l/321/347/356?hilitc=22 58; 4/6/2006 CHAPTER 22.58. CONDITIONAL USE PERMITS Page 2 of 2 (3) The design, location, size, and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity; (4) The subject site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints; (5) Granting the conditional use permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located; and (6) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). (Ord. No. 02(1998), § 2,11-3-98; Ord, No. 04(2005), § 8, 3-15-05) Sec. 22.58.050. Conditions of approval. In approving a conditional use permit, the commission may impose conditions deemed necessary to ensure that the approval will be in compliance with the findings required by section 22.58.040 (f=indings and decision), above. (Ord. No. 02(1998), § 2, 11-3-98) Sec. 22.58.060. Post approval procedures. (a) General procedures. Procedures relating to appeals, performance guarantee, and revocation as identified in article V (Development Code Administration), in addition to those identified in chapter 22.66 (Permit Implementation and Time Extensions), shall apply following the approval of a conditional use permit application. (b) Run with the land. The conditional use permit that is valid and in effect, and was granted in compliance with the provisions of this chapter, shall run with the land and continue to be valid upon a change of ownership of the land or any lawfully existing structure on the land. (Ord. No. 02(1998), § 2, 11-3-98) http://Iibrary3.municode.com/mee/DoeView/12790/l/32113471356?hillte=22 58; 4/6/2006 CHAPTER 22.76. REVOCATIONS AND MODIFICATIONS Page 1 of 2 CHAPTER 22.76. REVOCATIONS AND MODIFICATIONS Sec. 22.76.010. Purpose. This chapter provides procedures for securing revocation or modification of previously approved applications, permits and entitlements. (Ord. No, 02(1998), § 2,11-3-98) Sec. 22.76.020. Revocations and modifications. (a) Hearings and notice. The appropriate review authority shall hold a public hearing to revoke or modify an application, permit or entitlement granted in compliance with the provisions of this Development Code. Ten days before the public hearing (except for temporary use permits), notice shall be delivered in writing to the applicant and/or owner of the property for which the permit was granted. Notice shall be deemed delivered two days after being mailed, first class postage paid, to the owner as shown on the county's current equalized assessment roll and to the project applicant, if not the owner of the subject property. (b) Review authority action. (1) Permit revocation or modification. A land use permit or entitlement may be revoked or modified by the review authority (e.g., director, hearing officer, commission, or council) which originally approved the permit or entitlement, or the equivalent city review authority, for permits or entitlements originally approved under the county's authority, if any one of the following findings can be made and/or in addition to the findings under (b) (2): a. Circumstances have been changed by the applicant to a degree that one or more of the findings contained in the original permit can no longer be made and/or the public health, safety and welfare require the revocation or modification; b. The permit was obtained by misrepresentation or fraud; c. The use or improvement authorized in compliance with the permit has not been established in a timely manner and a time extension is not warranted; d. That one or more of the conditions of the permit have not been met or have been violated; e. The use, structure or construction for which the permit was granted has ceased to exist or has been suspended for at least six months, as defined in section 22.68.050(a) (Loss of nonconforming status); f. The improvement authorized in compliance with the permit is in violation of any code, law, ordinance, regulation or statute; or g. The improvement/use allowed by the permit has become detrimental to the public health, safety or welfare, or the use operates in a manner which constitutes a nuisance. (2) Minor variance or variance revocation/modification. A minor variance or variance may be revoked or modified by the review authority which originally approved the minor variance or variance, if any one of the following findings can be made, in addition to http://I brary3.municode.com/mcc/DoeView/12790/l/321/359/366?hilite=22 76; 4/6/2006 CHAPTER. 22.76. REVOCATIONS AND MODIFICATIONS Page 2 of 2 those outlined in subsection (b)(1), above: a. Circumstances have been changed by the applicant to a degree that one or more of the findings contained in the original approval can no longer be made, and the grantee has not substantially exercised the rights granted by the minor variance or variance; or b. That one or more of the conditions of the minor variance or variance have not been met, or have been violated, and the grantee has not substantially exercised the rights granted by the minor variance or variance. (Ord. No. 02(1998), § 2, 11-3-98) http://tibrary3.municode.cor /mcc/DocView/12790/l/321/359/366?hilite=22 76; 4/6/2006 CHAPTER 22.78. ENFORCEMENT CHAPTER 22.78. ENFORCEMENT Page 1 of 5 Sec. 22.78.010. Purpose. This chapter provides procedures which are intended to ensure compliance with the requirements of this Development Code and the conditions of land use permit approval. (Ord. No. 02(1998), § 2, 11-3-98) Sec. 22.78.020. Violations. (a) Public nuisance. Any use, structure, or property which is altered, enlarged, erected, established, maintained, moved or operated, contrary to the provisions of this Development Code or any applicable condition of approval, is hereby declared to be unlawful and a public nuisance, and shall be subject to the remedies and penalties specified in the Municipal Code, including this chapter. (b) Infraction/misdemeanor. Any person, partnership, firm or corporation, whether as principal, agent, employee or otherwise, violating or failing to comply with any provision(s) of this Development Code or a condition imposed on any development permit, entitlement, map, or license, shall be guilty of an infraction on each separate day the violation or failure to comply exists, except as otherwise specified herein; provided that a person responsible for these violations who has previously been convicted three or more times during a 12 -month period for any other violation(s) of this Development Code shall be guilty of a misdemeanor. (c) Stop work order. Construction in violation of this Development Code or a condition(s) imposed on a permit shall be subject to the issuance of a "stop work order." A violation of a stop work order shall constitute a misdemeanor. (Ord. No. 02(1998), § 2, 11-3-98) Sec. 22.78.030. Remedies are cumulative. All remedies contained in this Development Code for the handling of violations or enforcement of the provisions of this Development Code shall be cumulative and not exclusive of any other applicable provisions of city, county, state or federal law. If a person is found guilty and convicted of an infraction or misdemeanor for the violation of any provision of this Development Code, the conviction shall not prevent the city from pursuing any other available remedy(s) to correct the violation. (Ord. No. 02(1998), § 2, 11-3-98) Sec. 22.78.040. Inspection. Every applicant seeking an application, permit or any other action in compliance with this Development Code shall allow appropriate city officials access to any premises or property which is the subject of the application. If the permit or other action, in compliance with this Development Code, is approved, the owner or applicant shall allow appropriate city officials access to the premises to determine continued compliance with the approved permit and/or any conditions of approval. http://library3.municode.com/mcc/DocView/12790/1 /321/359/367?hilite=section; sections;... 4/27/2006 LAW OFFICES FRANK A. w�lylt'� LEONARD f ASATIR 3460 WILSHIRE SOULEVARI . SUITE 903 OF COUNSEL LOS ANGELES, CALIPPfN�A 90014 TELEP11ONE: (2I3) 4i,P 4W !8 FACSIMILE. (213) 383-7368 April 18, 2005 BY PERSONAL DELIVERY Tommye Cribbens City Clerk City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765-4177 REFER TO FILE NO_ RECEIVED APR 18 2006 Re: Appeal to City Council of Modification of Conditional Use Permit No. 2003-01/ My Clients: Raj Astavakra, P.N. Patel and Scribbles Grille & Restaraunt located at 245 Gentile Springs, Diamond Bar, CA 91765/Planning Commission Resolution No. 2006-16 Dear Ms. Cribbens: I represent Raj Astavakra, the owner and operator of Scribbles Grille & Restaraunt ("Scribbles") located at 245 Gentile Springs, Diamond Bar, CA 91765, Scribbles, and the Lessor of the property, P.N. Patel. On April 11, 2006, the City of Diamond Bar Planning Commission modified Conditional Use Permit No. 2003-01 eliminating all entertainment uses. My clients wish to immediately appeal this decision to the City Council pursuant to City of Diamond Bar Development Code section 22.74.040. On May 27, 2003, the Planning Commission approved in favor of Mr. Astavakra and Scribbles, Conditional Use Permit No. 2003-01 ("CUP"), allowing Scribbles to have a bar amd entertainment in conjunction with the restaraunt use. Axril 11 2006 the City of Diamond Bar Planning Commission like KIISFM to entertain on from Southern California radio The Planning Commissi( gunning a nightclub which ti rary to the conditions of the ft0l "K' Tommye Cribbens City Clerk City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765-4177 Re: Appeal to City Council of Modification of Conditional Use Permit No. 2003-01/ My Clients: Raj Astavakra, P.N. Patel and Scribbles Grille & Restaraunt located at 245 Gentile Springs, Diamond Bar, CA 91765/Planning Commission Resolution No. -2006-16 April 18, 2006 Page 2 By Personal Delivery admossion for this type of entertainment event. This findin is false. Moreso, the CUP does not prohibit the charging by Mr. Astavarka of customers. On June 1, 2006, the County of Los Angeles issued a one-year business license to Scribbles to operate as a retaraunt with entertainment and dance and clearly permitted on the record, over the objections of Nancy Fong, the City of Diamond Bar Interim Community Development Director, to operate on the basis as Scribbles presently operates. The Planning Staff, and Ms. Wong, presented testimony from County Sheriff Lieutenant Maxey and Sergeant Sachs, along with other local community residents that Scribbles was also allegedly o erati as a ublic nuisance. This was absolute - --v First, as a matter of procedural due process, my clients did not receive the Planning Commission Agenda Report until the previous Saturday, April 9, 200.6. The Agenda Report did not contain any alleged underlying crime reports verifying the allegations, and the complaints by local community residents were also wholly hearasay without foundation, duplicative and factually unsound. Even the Sheriff's Department representatives and Planning. Commission members admitted that there was no evidence that Mr. Astavarka and Scribbles were the cause of any alleged safety incidents across the street at the K -Mart parking lot. Sergeant Sachs admitted that Mr. Astavarka and his employees were also cooperative with the Sheriff's Department. At the April 11, 2006 hearing, my clients and I requested a continuance because they had not received the Agenda Report that contained the specific allegations which was the basis of the hearing to prepare a response and that such short notice constituted a violation of their procedural due process rights for meaningful notice and opportunity to be heard on the matter. Tommye Cribbens City Clerk City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765-4177 Re: Appeal to City Council of Modification of Conditional Use Permit No. 2003-01/ My Clients: Raj Astavakra, P.N. Patel and Scribbles Grille & Restaraunt located at 245 Gentile Springs, Diamond Bar, CA 91765/Planning Commission Resolution No. 2006-16 April 18, 2006 Page 3 By Personal Delivery The Planning Commission voted on the request for a continuance with one Commission member voting in favor of a continuance. The Commission's vote was in error. The fact that the March 11, 2006 hearing had been continued to April 11, 2006 did not relieve the Commission of its duties to notify..my clients of the foundation specifics of the charges which was the basis of the hearing. That never occurred until two days before the hearing which fell on the weekend. It also did n ot relieve the rnmmi Qai nn of 4f-- A_#_ ♦-,. rl in Sheriff's r ?_ns could be veri that the veracity .of ae uate aet.ense.. At the April 11, .2006 hearing, Mr. Astavarka testified that Scribbles was in no way operating -as a --public :nuisance and that he was scrupulous about security issu,es.even of feting to. pay for Sherri.ffIs representatives to :assist him and Scribbles as to security .for patrons and local community residents. Mr. Astavarka also -testified that a. localbowling alley -is well. known in the Diamond Bar community to have suffered multiple criminal incidents, including a homicide yet no Planning Commission action has been taken against it., Mr.. . a ape„.r3t.�s�, Even with the she copies of _cashiers checks investment in Scribbles. t ss 2artner, Nick -Patel, in operate .as Scribbles now t.notice, he presented as evidence of approximately $400,000 of the Mr. Astavarka also testified that the claims by community residents of noise problems was, even by. their own admission, not a continuous problem or issue, as there were only several reports in the Agenda Report. He also,strenuously denied. that Scribbles contributes to any noise problem in the Area, _ acutely pointing out that the decibel noise level Tommye Cribbens City Clerk City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765-4177 Re: Appeal to City Council of Modification of Conditional Use Permit No. 2003-01/ My Clients: Raj Astavakra, P.N. Patel and Scribbles Grille & Restaraunt located at 245 Gentile Springs, Diamond Bar, CA 91765/Planning Commission Resolution No. 2006-16 April 16, 2006 Page 4 By Personal Delivery alleged in the Agenda Report was scientifically and factually impossible as the decibel level would be that of a jumbo.jet landing at a major airport. Mr. Astavarka pointed.out that of some 300 local community condominium. residents located near Scribbles only approximately fifteen (15) residents were allegedly complaining about the operation of Scribbles, and even there, the petition by the local residents attached to the!Agenda Report contained duplicative signatures. Mr. Astavarka does not permit, and hasnever knowingly permitted, massage tables or�.services at Scribbles. In summation Scribbles is not contributingto loiterin loud.. music drinkin in the arkin lot curfew violations or other allegations of a public riUiaance Mr. Astavarka and S-cribbles has complied with the' conditions of his CUP, and business license. Mr_ Astavarka and Scribbles did not obtain the CUP by way of false representations or fraud. The Planning Commission's findings and resolution was.wholly without evidence,- let alone substantial evidence, and contrary:to.the Iegal requirements required by the. City:of Diamond Bar Code set forth at Chapter 22.76 dealing with revocations and modifications of conditional use: permits and specifically section 22.76.020. Furthermore, the Planning Commission's findings and resolution, including but not limited to not permitting a continuance, along. with the actions by. the Sheriff.'s Department, local staff and local community members introducing false testimony without foundation seriously violates my, clients' rights under the procedural and substantive components of the Due Process Clause....of the Fourteenth Amendment of the United States Constitution, the Equal Protection Clause of the Fourteenth Amendment. of - the United States Constitution, the Fifth Amendment Takings Clause Tommye Cribbens City Clerk City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765-4177 Re: Appeal to City Council of Modification of Conditional Use Permit No. 2003-01/ My Clients: Raj Astavakra, P.N. Patel and Scribbles Grille & Restaraunt located at 245 Gentile Springs, Diamond Bar, CA 91765/Planning Commission Resolution No. 2006-16 April 18, 2006 Page 5 By Personal Delivery and the Petition Clause of the First Amendment of the United States Constitution. Furthermore, in addition to the above enumerated multiple factual and legal. grounds for the appeal, 1 would :Like to point out that the City of Diamond. Bar Development Code section 22,74'..040(c)(1) authorizes -the City Council to affirm the resolution, affirm in part the resolution or reverse the action of the Planning Commission. Clearly, by the plain language of the code, the Planning Commission's decision is subject to one final step for review in the administrative process by the City Council and cannot gain administrative.'finality until such time as the City Council determines the appeal. The code, as interpreted, also must be consistent with California.. Code_ of. Civil Procedure sections 1.094.5 and 1.094.6. These .state procedural statutes are absolutely: clear that the Planning. Commission's administrative decision does not reach administrative finality until the City Council rules on the appeal. See California Code of Civil Procedure sections 1094..6.' Moreover,: ther County Business Licenses are still Operative and this presents an additional jurisdictional.issue as to any finality or jurisdiction of the Planning Commission+s act.ons,.l.et alone the administrative finality of the decision. The City.and its representives are well advised to stop makingthreats to .my clients. -in an effort to somehow compromise :their- due process rights requiring .my clients to initiate a federal civil rights lawsuit against. the City and various. representatives to' secure their due process rights. Federal law and the United States Supreme Court have long ruled that a federal civil rights lawsuit is not conditioned on an exhaustion of administrative remedies. See Patsy v. Board of.Re encs of State.of Fla., 457 U.S. 496 (1982)_ See Tommye Cribbens City Clerk City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765-4177 Re: Appeal to City Council of Modification of Conditional Use Permit No. 2003-01/ My Clients: Raj Astavakra, P.N. Patel and Scribbles Grille & Restaraunt located at 245 Gentile Springs, Diamond Bar, CA 91765/Planning Commission Resolution No. 2006-16 April 16, 2006 Page 6 By Personal Delivery also a national case that I successfully litigated entitled Patel v. Penman, 103 F.3d 868 {9th Cir. 1996}. I look forward to addressing these issues before the City Council on appeal in order to resolve this issue. Sincerely, Frank AWeise Attorney; at Law cc: Raj Astavarka Nick Patel P.N. Patel ..Scribbles Grille Sc Restaraunt VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO; CI CLERK FROM: DATE: ADDRESS: G a o e C� % D r PHONE: ORGANIZATION: AGENDA #/SUBJECT: ���� ��.✓�,,����'� G G F,-,44 To 5-7 I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Sign e VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: 0 DATE: _ ADDRESS: PHONE: *7'91 q4, Z ORGANIZATION: AGENDA #/SUBJECT: C� L 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: r Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL AGENDA #/SUBJECT: CITY CLERK lu I e X11 Ceti Co�-7r,�; DATE: 5 - - 6 PHONE: C7i�f ]73-�d0., 1 expect to address the Council on the subject agenda item. Please have the Council Min name and address as written above. 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Signature A-, VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITnY CLERK FROM: —%�-1_ L' K _ DATE: Z ADDRESS:50104dr ,�,,, �, �-�—• PHONE: ORGANIZATION: - AGENDA #/SUBJECT: ` `L+� I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature 0� TO: FROM: ADDRESS: ORGANIZATION: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL AGENDA #/SUBJECT: CITY CLERK DATE: s X79 i t�w►o &RHONE: 2, 1 expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. ti Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: [-Lr C, f 5� DATE: ADDRESS: 3 Z$ S Or, CL N-5� Z PHONE: &,o ORGANIZATION: Fal C'v k 1`1OA AGENDA #/SUBJECT: SCV-' bbe5 I1� ,U, � I C kc I expect to address the Council on the subject agenda item. Please have th name and address as written above. e Council Minutes reflect m y Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: —Fr, t C 'l �^ i , ORGANIZATION: AGENDA #/SUBJECT: 7�1 i DATE: ! �D PHUNE: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature A- VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM:I . � /,)6 < ' '"/ � DATE: ADDRESS: ;,� �� � � AV _ PHONE: ORGANIZATION: f' AGENDA #/SUBJECT: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature 01 TO: FROM: ADDRESS: ORGANIZATION: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL AGENDA #/SUBJECT: CITY CLERK I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: \I U M I„t �.� _ DATE: Z o ADDRESS: -3�4— S�. (SDS i�c1 a�St o PHONE: a9-8 60-¢► ORGANIZATION: ' �- ti Q AGENDA #/SUBJECT: CJ C f L~ , S 6,12 P L I CAFI ig K I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: fil,CfT1Y CLERK FROM: ll/h ADDRESS: �--- PHONE: ORGANIZATION: D� �� a��� /'�i �,-� -� _� .. J AGENDA #/SUBJECT: �-) YET_' U cb-, �r 0(,l4,)I,tl0l; I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: DATE: -�z � b ADDRESS: 3f$ O PHONE:���'� ORGANIZATION: .4 AGENDA #/SUBJECT: 1 expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature 1❑ TO: FROM: ADDRESS: ORGANIZATION: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL AGENDA If/SUBJECT: CITY CLERK - -Tk,e"e V)" DATE: 0' fix !2—PHONE: V S. I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. 7ah 0 Mign-&d1i w VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: PA T DATE: ADDRESS: PHONE: ORGANIZATION: AGENDA #/SUBJECT: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature