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HomeMy WebLinkAbout02/07/2006 - Regular MeetingGay Council Agenda Tuesday, February 7, 2006 5:00 p.m. — Closed Session CC -8 5:45 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 Linda C. Lowry 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 (905) 839-7010 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.cl.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 access the podium in order to make a public comment, available by providing the City Clerk three business days Please telephone (909) 839-7000 between 7:30 a.m. Thursday and 7:30 a.m. to 4:30 p.m. on Fridays. HELPFUL PHONE NUMBERS mobility impairments who cannot Sign language interpretation is ' notice in advance of a meeting. and 5:30 p.m. Monday through Copies of agendas, rules of the Council, CassetteNideo tapes of meetings: (909) 839-7010 Computer access to agendas: www.ci.diamond-bar.ca.us General information: (909) 839-7000 CITY OF DIAMOND BAR CITY COUNCIL AGENDA February 7, 2006 Next Resolution No. 2006-05 Next Ordinance No. 02(2006) CLOSED SESSION: 5:00 p.m., Room CC -8 Public Comments on Closed Session Agenda ► Government Code Section 54956.9(c) Potential Litigation - 1 case ► Government Code Section 54956.8 — Conference with Real Property Negotiators Property Negotiations: Address: Portion of Lot 1, Tract No. 1479, and Lot 61, Tract No. 42557 Agency Negotiator: City Manager Negotiating Party: D & L Properties, Inc. Under Negotiations: Price and Terms of Payment 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 Under Negotiations: Price and Terms of Payment STUDY SESSION: 5:45 p.m., Room CC -8 ► Mid -Year Budget Review Public Comments CALL TO ORDER: PLEDGE OF ALLEGIANCE: INVOCATION: ROLL CALL: 6:30 p.m. Mayor Associate Pastor Ab Kastle Diamond Canyon Christian Church Council Members Chang, Tanaka, Tye, Mayor Pro Tem Zirbes, Mayor Herrera FEBRUARY 7, 2006 PAGE 2 APPROVAL OF AGENDA: Mayor 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Presentation of City Tiles to Anyork Lee, serving eight years as a member of the Walnut Valley Unified School District; and, Steve Lustro, serving as a member of the Pomona Unified School District. 1.2 Presentation of Certificates of Recognition to the South Pointe Middle School participants in the "Read Together Diamond Bar Challenge". 1.3 Proclaiming February, 2006 as "Black History Month". BUSINESS OF THE MONTH: 1.4 Presentation of City Tile to Dr. Kevin S. Glenn, D.C., DABCO, Board Certified Chiropractic Orthopedist, owner of Diamond Bar Chiropractic, Business of the Month, February, 2006. 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 Traffic and Transportation Commission Meeting — February 9, 2006 — 7:00 p.m., Hearing Board Room, AQMDIGovernment Center, 21865 Copley Dr. 5.2 Planning Commission Meeting — February 14, 2006 -- 7:00 p.m., Auditorium, AQMDIGovernment Center, 21865 Copley Dr. 5.3 President's Holiday -- February 20, 2006 — City Offices will be closed in observance of the Holiday. Offices will re -open Tuesday, February 21, 2006. FEBRUARY 7, 2006 PAGE 3 5.4 City Council Meeting — February 21, 2006 — 6:30 p.m., Auditorium, AQMD/Government Center, 21865 Copley Dr. 6. CONSENT CALENDAR: 6.1 City Council Minutes: 6.1.1 Study Session of January 17, 2006 - Approve as submitted. 6.1.2 Regular Meeting of January 17, 2006 — Approve as submitted. 6.2 Planning Commission Minutes: 6.2.1 Study Session of December 13, 2005 — Receive and file. 6.2.2 Regular Meeting of December 13, 2005 - Receive and file. 6.3 Parks and Recreation Commission Minutes: Regular Meeting of November 17, 2005 — Receive and file. 6.4 Traffic and Transportation Commission Minutes: 6.4.1 Regular Meeting of September 8, 2005 - Receive and file. 6.4.2 Regular Meeting of October 13, 2005 — Receive and file. 6.4.3 Regular Meeting of November 10, 2005, Receive and file. 6.5 Ratification of Check Register — Ratify Check Register containing checks dated January 13, 2006 through February 2, 2006 totaling $984,612.33. 6.6 Treasurer's Statement - month of December, 2005 — Review and approve. 6.7 Authorize an Increase of the Contract with GovIS, LLC for the Transit Pass System in a Total Amount of $30,000; and, Appropriate an Additional $15,000 from Prop A (Transportation Funds) for Development of Online Transit Pass Software. Recommended Action: Authorize and Appropriate. Requested by: IS Department FEBRUARY 7, 2006 PAGE 4 6.8 Exoneration of Cash Deposit (Account No. 0010039707) in the Amount of $2,520 Posted by Mr. John Gasparian to Complete Grading Activities Located at 2112 Indian Creek. Recommended Action: Approve. Requested by: Public Works Department 6.9 Award of Design and Construction Administration Services for Area 2 Slurry Seal and Asphalt Rubber and Aggregate Membrane (ARAM) Project to Norris-Repke in the Amount of $55,960 and Authorize a Contingency Amount of $6,000 for Change Orders to be Approved by the City Manager for a Total Authorization Amount of $61,960. Recommended Action: Award. Requested by: Public Works Department 6.10 Award of Design Services Contract to Kimley-Horn and Associates, Inc. for Prospectors Rd. Street Rehabilitation Project from Sunset Crossing Rd. to Golden Springs. Dr. in the amount of $46,438, Pius a Contingency Amount of $3,562 for a Total Authorization of $50,000. Recommended Action: Award. Requested by: Public Works Department 6.11 (a) Adopt Resolution No. 2006 -XX: Ordering the City Engineer to Prepare and to File a Report Related to Maintenance of Public Improvements in the City of Diamond Bar Assessment District 38 and any Assessment Thereon for FY 2006-07. Recommended Action: Adopt. (b) Adopt Resolution No. 2006 -XX: Ordering the City Engineer to Prepare and to File a Report Related to Maintenance of Public Improvements in the City of Diamond Bar Assessment District 39 and any Assessment Thereon for FY 2006-07. Recommended Action: Adopt. FEBRUARY 7, 2006 PAGE 5 (c) Adopt Resolution No. 2006 -XX: Ordering the City Engineer to Prepare and to File a Report Related to Maintenance of Public Improvements in the City of Diamond Bar Assessment District 41 and any Assessment Thereon for FY 2006-07. Recommended Action: Adopt. Requested by: Public Works Department 6,12 Approval of Letter Encouraging the FCC to Continue to Allow Cities to Enter into Franchise Agreements with Cable and Video Service Providers to Protect the Interest of Residents and the City. Recommended Action: Approve. Requested by: City Manager 7. PUBLIC HEARINGS: 7:00 p.m., or as soon thereafter as matters may be heard 7.1 Public Hearing - First Reading by Title Only, Waive Full Reading of of Ordinance No. 0X(2006) Approving Zone Change No. 2005-01 Changing the Existing Zoning of Commercial and Industrial Properties City wide in Order to Comply with the General Plan Land Use Designation. Recommended Action: Open the Public Hearing, Receive Testimony, and Approve for First Reading by Title Only Ordinance No. OX(2006). Requested by: Planning Department 8. COUNCIL CONSIDERATION: 8.1 Review of the City's Business Registration Program. Recommended Action: Continue with Program. Requested by: City Council 8.2 Public Safety Review. Recommended Action: Receive video presentation from the D.B./Walnut Sheriff's Station. Requested by: City Manager FEBRUARY 7, 2006 PAGE 6 8.3 Info Systems Review. Recommended Action: Receive Power Point presentation. Requested by: IS Department 8.4 Adopt Resolution No. 2006 -XX: Amending the FY 05-06 Municipal Budget. Recommended Action: Adopt. Requested by: City Manager 9. COUNCIL SUB -COMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: 10. ADJOURNMENT: Agenda. No. 6.1.1 CITY OF DIAMOND BAR CITY COUNCIL STUDY SESSION JANUARY 17, 2006 dsi c ani` STUDY SESSION: Mayor Herrera called the Study S rpt] 5:30 p.m. in Room CC -8 of the South Coast Air Qua i y en 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; Bradley Wohlenberg, Asst. City Attorney; David Liu, Public Works Director; Bob Rose, Community Services Director; Nancy Fong, Interim Community Development Director; Linda Magnuson, Finance Director; Sharon Gomez, Senior Management Analyst, and Tommye Cribbins, Executive Asst. A. "TAKING TRAFFIC SIGNALS TO THE STREETS" -- A Report on the City's Traffic Signal Management- PWD/Liu stated that D.B. has numerous regional traffic issues and attention is being focused on what has been done, is being done and what the future holds. For example, City streets provide overflow capacity for the SR57160 interchange, an interchange that creates a number of impacts that affect quality of Life, economy and public safety. SMA/Gomez stated that traffic from about 668 residences in the Mountain Laurel neighborhood feed into Diamond Bar Boulevard. In addition, there are two schools with 1950 students and during peak drop-off and pickup hours the traffic dramatically increases on Mountain Laurel and Diamond Bar Blvd. Two vehicles per neighborhood household average 10 trips per day. As a result the City is challenged to minimize delays that residents experience when they attempt to access the arterials and move smoothly to the freeways; and to find a way to effectively and safely move vehicles through the area. Bernard Lee, Warren C. Siecke Engineers, explained how studies are conducted. Typical warrants to be met for installation of traffic signals are peak hour volumes, delays from side streets, and intersection accidents. Once the intersections are identified as warranted for traffic signals the intersections are prioritized according to funding decisions. For example, due to accident occurrences, high priority signals were recently installed at Pathfinder Rd. and Peaceful Hills and at Cold Spring and Diamond Bar Blvd. About four years ago the City converted its traffic signal lights from incandescent to LED technology, a change that resulted in energy cost savings of 85% ($81,000 during the first year). Mr. Lee continued explaining that the traffic signal maintenance was transferred from the County back to the City in order to increase maintenance response time. All traffic signal controllers were converted to full traffic -activated controllers enabling the signal to change function on demand with the use of video detection. He presented a 2 -minute video to show how the traffic signal JANUARY 17, 2006 PAGE 2 CC STUDY SESSION system operates. D.B. does not have a Traffic the City has a master plan to eventually link all computer signal by about 2007. Management Center. However, of the City's signals to a master Warren Siecke reported on what was being done to finalize the interconnect system. Once the system is in place the emphasis will switch from constructing new signals to modifying, monitoring and maximizing the efficiency of the system and implementing the PV -ITS system to allow for synchronization and monitoring from the City Hall master computer. In the future staff will have the capability to implement traffic response coordination programs based on traffic flow, and provide linkage with adjacent communities to address traffic diversion resulting from freeway or other major incidents in the area. Mr. Siecke responded to questions that staff had received. PWD/Liu concluded that public safety was a top priority; that regional traffic continues to be a major challenge and would require substantial resources and partnerships with all stakeholders. The implementation was a proactive approach to the situation; that the system would provide immediate and timely response to incidents and that the ongoing monitoring efforts would minimize delays and congestion. He stated that implementation of the system was a team effort that included citizens, elected officials, staff, consultants and the maintenance company, and that this was a serious undertaking to preserve the quality of life for D.B. MlHerrera asked if it was possible to improve intersections to a greater extent pending installation of the new system. Mr. Lee responded that it was difficult to coordinate the existing system because the synchronization was time -based coordination that required individual signal monitoring. Due to the aging of the controllers some are beginning to "drift" causing the system to be out of synch. The system also requires that residents notify the City when the system appears to be malfunctioning so that attention can immediately be focused on a particular intersection. He said that his goal was to improve the signal timing and progression of traffic along the City's streets. MlHerrera pointed out that residents are complaining that the City Council has not acted in accordance with their promises to work on improving traffic issues and that nothing has happened and residents still cannot move through the City. She said she received a call at 4:00 a.m. from a resident who was sitting at a red light at Diamond Bar Blvd. with no approaching traffic on Cold Springs Ln. in either direction. She would hope that at the very least the City could replace malfunctioning detectors and clocks. PWD/Liu responded to MlHerrera that it was staff's responsibility to replace malfunctioning items when it became apparent that they needed replacing. JANUARY 17, 2006 PAGE 3 CC STUDY SESSION MPTIZirbes thanked staff for the presentation. He wanted to know what the City needed to do to get to where the City needed to be and how much interconnect was left. Mr. Siecke said he believed that about 90% of the system was in place. MPTIZirbes asked if it was possible to finish the interconnect system without adding more signals. PWD/Liu explained that the interconnect system was a separate effort that would not have to be done in connection with the new signals. Typically, the interconnect system is done in connection with signalization to provide additional monetary savings. The interconnect system could be finished ahead of signal installation but it would likely result in additional cost to the City. In the meantime, staff was working with LA County to see if the City could contract with them to pay for the improvements to complete the interconnect. Mr. Siecke responded that no additional signals would have to be installed in order to complete the interconnect system. MPTIZirbes asked how many current signals have the technology to be converted into the inhouse system. Mr. Siecke said that basically the system was in place. MPTIZirbes asked how quickly the system could be up and running and whether the standalone system would provide the City with the ability to regulate traffic breaks that allowed residential traffic to gain better and more immediate access to the arterials. PWD/Liu said "yes and no." Historically, mitigation was motivated by residents' concerns and for many years the residents have experienced a great deal of frustration at not being able to easily navigate to and from their neighborhoods. The City has to first consider whether the perceived scenario is creating a dangerous condition that justifies mitigation through a warrant study and specific plan. PWD/Liu said he believed that if the City moved forward with manipulating the traffic through completion of the interconnect system it would not necessarily address potential liability issues. Mr. Siecke stressed that the system would give the City the ability to minimize the negative impacts of the required signal by controlling the delays on the arterials. MPTIZirbes asked if it were possible to use the interconnect system to move traffic out onto arterials thereby possibly eliminating the traffic signal warrant issue. He felt that the City should move to the next phase as quickly as possible to get the community the most up to date technology it needed to move the traffic more effectively without further delay. PWD/Liu said the City was pushing LA County to come to a contract agreement for implementation of the system and that the City is ready to complete the interconnect system this year. Staff is very frustrated with the County because they have been working on this project for more than 10 years and cited technology as the reason for the holdup. Within a month or two of signing the contract with the County the equipment could be in place. PWD/Liu cautioned Council that the system would not be able to accommodate a continuous flow of traffic because a large number of the City's intersections were already at a high JANUARY 17, 2006 PAGE 4 CC STUDY SESSION level of service. Unless the City was able to obtain additional right-of-way it would not be able to accommodate all of the traffic that comes through the City. The best scenario is to minimize the inconveniences using the most advanced technology available to date. MPTIZirbes reiterated that he believed it would be more effective for the City to implement the system and then take a second look at whether or not additional signals were warranted. He would prefer to implement the system and work through the bugs before proceeding with signal installations because the signal might no longer be warranted with better signal management and traffic flow. CM/Lowry felt that if that was Council's direction it should direct staff to cease further complaint driven warrant studies until the system was in place. MlHerrera felt the City could not act in such a manner. Studies are initiated at the behest of the public and it would be difficult if not impossible to slam the door on complaint responses. CM/Lowry felt that Council Members and staff could better educate themselves to respond to public questions and complaints through an understanding of how the City was proceeding on an ongoing basis to respond to short-term and long- term traffic issues. And, the public needs to be educated to tell the City when a controller is not working. As an example she explained how she was able to go into the City's website and register a complaint. MlHerrera felt that the Council needed additional time to discuss this matter and asked if staff and the engineers would come back to continue the discussion. C/Chang felt that progress had been made and was excited about installation of the interconnect system. He felt the City was doing all it could do at this time. C[Tanaka thanked staff for the presentation and said he was pleased that the City was moving in the right direction. MlHerrera asked that the slide presentation be placed on the City's message board on DBTV. Public Comments: None Offered. B. TAX SHARING AGREEMENT WITH COUNTRY HILLS TOWNE CENTER (Continued from January 3, 2006 Study Session) Mr. McCarthy informed Council that he had reached contract agreement with H - Mart and that he would appreciate consideration of a tax sharing agreement to assist with development of the center. JANUARY 17, 2006 PAGE 5 CC STUDY SESSION MPTIZirbes recommended that CM/Lowry and the Economic Development Committee meet to discuss the matter and make its recommendation to the Council at the February 21 City Council Study Session. Council concurred. Public Comments: None Offered. ADJOURNMENT: With no further business to come before the City Council, M/Herrera adjourned the Study Session at 6:40 p.m. Linda C. Lowry, City Clerk The foregoing minutes are hereby approved this day of , 2006. CAROL HERRERA, Mayor Agenda No. 6.1.2 MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR JANUARY 17, 2006 STUDY SESSION: 5:30 p.m., Room CC -8 ► "Taking Traffic Signals to the Streets" — A Report on the City's Traffic Signal Management ► Tax Sharing Agreement with Country Hills Towne Center (Continued to February 21, 2006) MlHerrera adjourned the Study Session at 6:40 p.m. CALL TO ORDER: Mayor Herrera called the Regular City Council Meeting to order at 6:47 p.m. in The Government Center/SCAQMD Auditorium, 21865 Copley Dr., Diamond Bar, CA. MlHerrera announced that following tonight's Study Session presentation on Traffic Signal Management she requested that staff scroll the information on DBTV. The Economic Development Subcommittee will work with staff and the property owner on a potential Tax Sharing Agreement for the Country Hills Towne Center. PLEDGE OF ALLEGIANCE: INVOCATION: ROLL CALL: Zirbes and Mayor Herrera. MlHerrera led the Pledge of Allegiance. Ahmad H. Sakr, Ph.D. gave the Invocation. Council Members Chang, Tanaka, Tye, Mayor Pro Tem Staff Present: Linda Lowry, City Manager; David Doyle, Assistant City Manager; Bradley E. Wohlenberg, Acting City Attorney; David Liu, Public Works Director; Bob Rose, Community Services Director; Marsha Roa, Public Information Manager; Ken DesForges, 1S Director; Linda Magnuson, Finance Director; Nancy Fong, Interim Community Development Director; Kim Crews, Senior Management Analyst and Tommye Cribbins, Executive Asst. APPROVAL OF AGENDA: As Presented. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 CITye presented Certificates of Recognition to winners of the SCAQMD Calendar Coloring Contest. Janet Laiblin, Public Affairs Specialist for SCAQMD presented calendars to each of the Council Members. 1.2 C/Tanaka presented Certificates of Recognition to Chaparral Middle School and Lorbeer Middle School winners of the "Read Together Challenge" and to Chaparral Middle School for winning the championship. Marsha Hawkins presented a plaque to Chaparral and announced that a perpetual plaque would be placed at the library to commemorate annual school winners. She JANUARY 17, 2006 PAGE 2 CITY COUNCIL presented a plaque to former Mayor Chang for his support of "The Friends of the Library." 1.3 MPT/Zirbes presented Certificates of Recognition to Community Volunteer Patrol members Ron and Judy Johnson for their participation in the apprehension of two residential burglary and arson suspects. M/Herrera thanked all of the volunteers for their contribution to the safety of D.B. 1.4 C/Chang presented Certificates of Recognition to Eric Loree, John D. Radtke and Taylor I llig for their extraordinary efforts toward helping revise the Skate Park Rules to include Scooters. 1.5 Sandra Cheng, Miss Diamond Bar, and her court presented a Certificate of Appreciate to the Council and a Certificate of Appreciation to host MPTIZirbes. Miss D.B. Board Member Joe McManus asked for Council's assistance in securing a City location for future Miss Diamond Bar pageants. 1.6 MlHerrera proclaimed February 3, 2006 as "Wear Red for Women Day." Sergio Islas accepted the proclamation. BUSINESS OF THE MONTH: 1.7 C/Tye presented a Certificate Plaque to Stephen Lee, owner of JJ's Pharmacy as New Business of the Month for January 2006. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: CM/Lowry introduced Lt. Joe Maxey who responded to a speaker's question regarding Sheriff response times for the City of D.B. and enforcement of immigration laws. Lt. Maxey explained that he, Captain Kwan and City staff carefully monitor response times as witnessed by the low numbers indicated in The Tribune article. D.B. was significantly lower than all other contract cities and much, much lower than L.A. County. He assured residents that response time is not a concern for the D.B./Walnut Sheriff's Station. With respect to enforcement of immigration laws, the Los Angeles County Sheriff's Department most certainly enforces all immigration laws. In addition, all offenders arrested and prosecuted through the County Jail systems are monitored and reviewed by the U.S. Immigration Services. 3. PUBLIC COMMENTS: Clyde Hennessee suggested that residents just simply say yes or no to a library tax when asked to respond to the survey. JANUARY 17, 2006 PAGE 3 CITY COUNCIL C! RESPONSE TO PUBLIC COMMENTS: None Offered. SCHEDULE OF FUTURE EVENTS: 5.1 Neighborhood Traffic Management Program Meeting — January 19, 2006 — 7:00 p.m. (for neighborhoods of Armitos PI., between Pantera Dr. and Top Ct. and Pantera Dr. between Armitos Pl. and Bowcreek Dr.), Diamond Bar Community Center Pine Room, 1600 Grand Ave. 5.2 PLANNING COMMISSION MEETING — January 24, 2006 — 7:00 p.m., Auditorium, AQMDIGovernment Center, 21865 Copley Dr. 5.3 PARKS AND RECREATION COMMISSION MEETING — January 26, 2006 — 7:00 p.m., Board Hearing Room, 21865 Copley Dr. 5.4 CITY COUNCIL MEETING — February 7, 2005 -- 6:30 p.m., Auditorium, AQMDIGovernment Center, 21865 Copley Dr. CONSENT CALENDAR: CITye moved, MPTIZirbes seconded to approve the Consent Calendar as presented. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Tanaka, Tye, MPTIZirbes, M/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 6.1 APPROVED CITY COUNCIL MINUTES: 6.1.1 Study Session of January 3, 2006 —as corrected. 6.1.2 Regular Meeting of January 3, 2006 —as submitted. 6.2 RATIFIED CHECK REGISTER — Containing checks dated December 23, 2005 through January 12, 2006 totaling $1,755,747.35. 6.3 DENIED CLAIMS: 6.3.1 Filed by Carlos and Erlinda Luceno on November 28, 2005. 6.3.2 Filed by Heirs of Roque Abalsamo on December 21, 2005. 6.4 APPROVED SECOND READING BY TITLE ONLY, WAIVED FULL READING AND ADOPTED ORDINANCE NO. 01(2006) AMENDING SECTION 12.00.420 OF THE DIAMOND BAR MUNICIPAL CODE TO PERMANENTLY ALLOW NON -MOTORIZED SCOTTERS TO USE THE SKATE PARK AT PETERSON PARK. JANUARY 17, 2006 PAGE 4 CITY COUNCIL 7. 6.5 ADOPTED RESOLUTION NO. 2006-01: CONFIRMING THE APPOINTMENT OF MAYOR CAROL HERRERA AS DELEGATE AND COUNCIL MEMBER STEVE TYE AS ALTERNATE TO THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS. 6.6 AUTHORIZED THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH CIVIC SOLUTIONS, INC., TO PROVIDE TEMPORARY ON-SITE PLANNING SERVICES ($60,000). 6.7 RECEIVED AND FILED COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE YEAR ENDED JUNE 30, 2005. 6.8 ADOPTED RESOLUTION NO. 2006-02 APPROVING PURCHASE OF VACANT PROPERTY LOCATED AT 3100 S. DIAMOND BAR BOULEVARD WITH A PURCHASE PRICE OF $950,000; AUTHORIZED CITY MANAGER TO EXECUTE ALL REQUIRED DOCUMENTS AND APPROPRIATE SAID FUNDS FROM GENERAL FUND RESERVES RESTRICTED FOR ECONOMIC DEVELOPMENT. CONTINUED PUBLIC HEARINGS: 7.1 ADOPT RESOLUTION NO. 2006-03 APPROVING THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM ALLOCATION OF $383,090 FOR FY 2006-07. (Continued from January 3, 2006). ICDDIFong presented staff's report and requested that the Mayor re -open the Public Hearing, Receive Testimony and Adopt Resolution No. 2006-03 for a total allocation of $383,090. MlHerrera asked for an explanation of what appeared to be an advancement of insurance for the senior groups. CM/Lowry explained that the appropriation was intended to equally support the four groups through the CDBG allocation process without tapping the Community Support Fund allocation of the General Fund. MlHerrera opened the Public Hearing. Seeing no testimony being offered, the Public Hearing was closed. MPTIZrbes moved, CITye seconded, to adopt Resolution No. 2006-03 approving the Community Development Block Grant Program Allocation of $383,090 for FY 2006-07. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Tanaka, Tye, MPTIZirbes, MlHerrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None JANUARY 17, 2006 PAGE 5 8. COUNCIL CONSIDERATION: CITY COUNCIL 8.1 CONSIDER DELEGATING THE DUTIES OF THE ISSUANCE OF PUBLIC CONVENIENCE AND NECESSITY (PCN) DETERMINATIONS FOR ALCOHOL BEVERAGE CONTROL (ABC) LICENSES. (RESOLUTION NO. 2006-04) CM/Lowry stated that this was a question of the City Council deciding if it wished to delegate its authority to the City Manager or to the Planning Commission to render opinions about whether a liquor store/facility should be granted a liquor license. Last year was the first time that D.B. was asked by LA County if it wished to allow licenses to be permitted when in fact the numbers indicated by closeness to other facilities, closeness to children or by crime statistics that the County would not have permitted the license request that was then in process. At an earlier meeting the Council deemed it would be appropriate to delegate the authority to the Planning Commission but rendered no final decision. Staff's concern was that such a delegation would delay the process for the business owner. In lieu of delegating the City Manager to render an opinion, staff would recommend that the City Council continue the responsibility as the final authority. If the Planning Commission rejected the application, it was likely that the matterwould be appealed to the City Council and further delay the timeline. Staff prepared two resolutions and should the Council decide to remove the appeal option the resolutions would require further amendment. There was no one present who wished to speak on this matter. MPTIZirbes said he was comfortable granting the authority to the Planning Commission or leaving it with the City Council and did not understand the urgency to grant a liquor license. There are a number of outlets that serve the community and he believed that applicants preparing to open a business in D.B. would have sufficient time to obtain approval from the City. He felt it was the City Council's responsibility and that the matter should not be put off to another individual or Commission when it could be appealed to the City Council. ClChang felt it was better to let the Planning Commission review the matter and render a decision that could be appealed to the City Council. C/Tanaka agreed with MPTIZirbes that there were few applications for business licenses and when a business chose to locate in the City it would be business -friendly to speed up the process by giving the authority to the City Manager or her designee. CITye agreed with ClChang that there was no urgency to issue liquor licenses. He agreed with CM/Lowry that the Council was charged with making these types of decisions and he felt it was appropriate for land use applications to be reviewed at the Planning Commission level where JANUARY 17, 2006 PAGE 6 CITY COUNCIL applicants are advised that any decision is appealable to the City Council. MlHerrera agreed with MPTIZirbes that the authority should remain with the City Council since its members were elected to render decisions on such matters and because the City Council Members were more in touch with the wishes of the residents. MPTIZirbes moved, MlHerrera seconded, to leave the authority with the City Council. Motion failed by the following Roll Call vote: AYES: COUNCIL MEMBERS: MPTIZirbes, MlHerrera NOES: COUNCIL MEMBERS: Chang, Tanaka, Tye ABSENT: COUNCIL MEMBERS: None C[Tanaka felt that this was an administrative responsibility with Council creating a checklist for the approval process. MlHerrera said that while she had a great deal of respect for staff they did not live within the community and may not know what the community wants. ClChang reiterated that because an application for a liquor license was not a matter of urgency it would be best to give the authority to the Planning Commission for a better review process with the appeal process to the City Council. ClChang moved, CITye seconded, to grant the authority to the Planning Commission. Motion failed by the following Roll Call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Chang, Tye Tanaka, MPTIZirbes, MlHerrera None ACAIWohlenberg stated that in the absence of a decision to the contrary the determination would remain with the County. Only if there were a finding of an undue concentration under State Law could the owner seek a waiver and place another liquor license where there was an undue concentration as defined in state law. CM/Lowry said that her understanding of the call received in Decemberfrom L.A. County was that they had a recent case wherein the applicant did not qualify and they wished for the City to use its own authority to give them direction. Since there was no procedure in place to handle such matters staff told L.A. County to proceed to issue the license for Gourmet Essentials because staff was aware of the location and did not wish to put the business in a bad position and, it was understood that D.B. would take a position on how it would deal with future requests. The County is looking to the City to establish guidelines for future requests denied by the County. JANUARY 17, 2006 PAGE 7 CITY COUNCIL MPTIZirbes reiterated his belief that the City Council was the appropriate and final authority and should step forward to rule on such infrequent matters rather than acquiesce its authority to the County. MPTIZirbes moved, MlHerrera seconded, to place authority with the City Council. CITye agreed that the ultimate authority belonged with the City Council. However, the City should have the opportunity to address all such matters with the public. He believed that the Planning Commission should hold a public hearing on the matter to better inform the public and that the City Council should be the final approval authority. He felt there was no urgency to issue liquor licenses. MPTIZirbes said he too felt no urgency to issue liquor licenses and that the community was more aware of City Council matters and that the public would more fully participate in discussions before the City Council. He said he had not received calls about the Planning Commission agenda even when he served on the Planning Commission and if the final authority rested with the City Council it should begin and end with the City Council. ClChang reiterated his feeling that the Planning Commission's job was to review land use matters and make recommendations to the Council. Motion failed by the following Roll Call vote: AYES: COUNCIL MEMBERS: MPTIZirbes, MlHerrera NOES: COUNCIL MEMBERS: Chang, Tanaka, Tye ABSENT: COUNCIL MEMBERS: None ClTanaka moved, CITye seconded to approve Resolution No. 2006-04 delegating authority to the Planning Commission. Motion carried 4-1 by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Tanaka, Tye, MlHerrera NOES: COUNCIL MEMBERS: MPTIZirbes ABSENT: COUNCIL MEMBERS: None 9. COUNCIL SUBCOMMITTEE REPORTSICOUNCIL MEMBER COMMENTS: ClChang said he had been very busy during the past couple of weeks. He attended the kickoff Chamber Mixer for 2006 and congratulated the Chamber of Commerce on their good work. ClChang thanked the Public Works staff for their wonderful Neighborhood Town Hall Meeting on Neighborhood Traffic Management. He was pleased to see several new businesses open in the City including Champs -Elysees Bakery on the corner of Grand Ave. and Diamond Bar Blvd. and Spring Wireless adjacent to Kmart. He and MlHerrera held the "State of the City Address" in the JANUARY 17, 2006 PAGE 8 CITY COUNCIL evening with about 120 attendees. He thanked the residents for participating and sharing their concerns. The City's consultant spoke with the Council Members today to discuss economic development programs. January 28 is the lunar New Year's Eve and he wished everyone a happy and prosperous "Year of the Dog" New Year. CITye complimented ClChang on his recap of 2005 and MlHerrera for her terrific vision for 2006. He congratulated Assemblyman Bob Huff who was recently named Republican Whip in Sacramento. It is a very important milestone that in just 13 short months on the job Assemblyman Huff has risen to a position of such responsibility within State government and his appointment is very important to the City of D.B. and the 60th Assembly District. Last week CITye traveled to Sacramento with the California Contract Cities and met with Assemblyman Bob Huff and State Senator Bob Margett to present the case for receiving funds for improvements to the SR57/60 Interchange. This is a very long process and thanks to the efforts of CM/Lowry and ACM/Doyle the pertinent information was presented to the right people to achieve the objective to be in line for funding for the project. One of the campaign highlights for him was to meet with concerned residents and in an effort to maintain an ongoing relationship with his constituents he invited them to join him for coffee at Starbuck's on Saturday morning between the hours of 9:00 to 11:00 a.m. C/Tanaka attended the League of Cities LA County Division meeting at the Metropolitan Water District in L.A. He attended several Chamber activities including the first mixer of the year at D'Antonio's Ristorante and ribbon cutting events at Sprint Wireless and the Champs -Elysees Bakery. He attended the Brahma Foundation meeting wherein preparations were being made for a fundraiser to enhance services for D.B.H.S. He attended the Neighborhood Traffic Management meeting. He said he felt that one of the most important things the residents gleaned from the meeting was that they play an important roll in helping to provide solutions for their traffic problems and that there is a toolbox of items they can consider in trying to alleviate neighborhood traffic problems. He felt that the State of the City address was very nice — a good recap by outgoing Mayor Wen Chang and incoming Mayor Carol Herrera as to the visions for the coming year. He attended the funeral services for Genevieve Peterson, one of D.B.'s pioneers whose late husband Carl Peterson was a charter member of the D.B. Breakfast Lions' Club and worked for the Water District. MPTIZirbes expressed his gratitude to staff for planning and executing a great State of the City address that was very well attended and felt that the evening meeting was a brilliant move. Both ClChang and MlHerrera did an outstanding job presenting the before and after picture of the City. There are many meetings and events that each Council Member attends between Council Meetings. Tonight during the study session the Council received an update on the progress of the plan to update the technology of the City's traffic signal synchronization program, learned about the current status of the interconnect program and what it would take to get it on-line with the digital program later this year. As she mentioned, MlHerrera asked for the information to be displayed on the City's website and on the rolling DBTV guide. He believed the State of the City Address would be re -broadcast and felt that JANUARY 17, 2006 PAGE 9 CITY COUNCIL ii VA it would provide a lot of good information to the residents was an honor to serve the residents as a member encouraged residents to call him and his colleagues concerns. . He said that as always it of the City Council. He with their questions and MlHerrera commented that the State of the City Address was great and well attended by four times the usual participants. She preferred the evening program and said she had received requests to have the address moved back to 6:30 p.m. instead of 6:00 p.m. to allow for even greater attendance. Another suggestion she received was that perhaps the lights could be dimmed at the Diamond Bar Center for better viewing and to avoid glare on the slide presentation. She thanked staff members who worked hard to plan the event and write the scripts for the speakers. Staff works hard to support the Council Members and make certain that they are prepared to fully participate at meetings and fundraising opportunities. ADJOURNMENT: With no further business to conduct, MlHerrera adjourned the regular City Council meeting at 8:30 p.m. in memory of Genevieve Peterson. LINDA C. LOWRY, CITY CLERK The foregoing minutes are hereby approved this day of , 2006. CAROL HERRERA, MAYOR MINUTES OF THE CITY OF DIAMOND BAR PLANNING COMMISSION STUDY SESSION DECEMBER 13, 2005 CALL TO ORDER: Agenda No. 6.2.1 Chairman McManus called the meeting to order at 5:33 p.m. Room CC -2 of the South Coast Air Quality Management District/Government Center Building, 21865 Copley Drive, Diamond Bar, California 91765. Information regarding TTM 53430 (Stanley Cheung Project) 1. ROLL CALL Present: Chairman Joe McManus, Vice Chairperson Ruth Low, and Commissioners Kwang Ho Lee and Tony Torng. Commissioner Dan Nolan was excused. Also present: Nancy Fong, Interim Community Development Director; Gregg Kovacevich, Assistant City Attorney; Ann Lungu, Associate Planner and Stella Marquez, Senior Administrative Assistant. A. Information Regarding TTM 53430 (Stanley Cheung Project) ICDDIFong gave a brief overview of the proposed project and introduced John Bostick, Millennium Enterprises who introduced his team and gave a slide presentation depicting the layout of the project located directly south of Rocky Trail Road and Alamo Heights Drive and west of Horizon Lane. Mr. Bostick responded to Chair/McManus that in general the lots are one -acre 20,000 square foot flat pads, well above or more than the minimum density requirement. Mr. Bostick explained that the lift station for servicing the sewer system would be funded by the homeowners' association. The majority of the retaining walls were eliminated by improved grading techniques. However, there are a couple of areas of concern that may have to be addressed if the applicantwere unable to negotiate the easement for grading. Mr. Bostick stated that Millennium Enterprises held one meeting with the residents along Alamo Heights, one meeting with "The Country Estates " Homeowners' Association and one meeting with the City. Three to four homeowners attended each of the meetings and Dr. Wu, Professor of Architecture asked to provide his expertise to the project regarding grading and other architectural features. Mr. Bostick said he believed that the architectural features agreed upon between the applicant and staff would serve to mitigate the view of the walls. He showed examples of walls that Millennium intends to use. The walls include features such as composite rock that is natural to the area, planters and DECEMBER '13, 2005 PAGE 2 PLANNING COMMISSION STUDY SESSION irrigation lines. He explained how the cut and fill would be done to accommodate the correct ratio roadways. ICDDIFong responded to comments made by Dr. Wu. Regarding the sensitive nature of the area as a habitat for wildlife, while true of hillside areas the EIR addressed that concern and recommended on-site and off-site mitigation. With respect to traffic, the project has a completed traffic study and the EIR indicated no impact because the number of trips generated by one -acre lots would be insignificant. The third comment was regarding slope stability and most certainly this was a major concern for the City of Diamond Bar. The soils experts indicated that slope stability mitigation be accepted as indicated in the EIR. Additionally, the Los Angeles Fire Department reviewed the EIR and recommended a few modifications including a recommendation that all houses would require sprinklers and that the access meet the requirements. Drainage, sewer and other like issues have also been addressed and installation and ongoing maintenance will be paid through homeowner association dues assessment along with other required fees. VC/Low asked for a status of the negotiations with the Alamo Heights property owners with regard to the grading. ICDDIFong said that a few property owners were present for the neighborhood meeting to review the easement proposal. Staff believes that the proposal offers a win-win for the residents because it would result in re -grading and landscaping the rear slopes. VC/Low asked if the proposed 26 foot high retaining wall along Alamo Heights was accurate and ICDDIFong and AssocP/Lungu responded that only certain sections of the retaining wall might reach a maximum height of 26 feet. Mr. Bostick pointed out a very small section at the low point that would reach 26 feet in height and the existing residences would remain above the 26 -foot wall. Mr. Bostick assured VC/Low that even with Planning Commission approval he was very financially motivated to pursue the easement with the landowners. If the landowners approved the easement there would be no need for a variance from the Planning Commission. Tom Smith of BonTerra Consulting, the City's Environmental Consultant, explained to VC/Low that levels of service calculations for traffic flow do not apply to private driveways. Traffic engineering reports are related to public streets only. Mr. Bostick said he believed the homeowner was more concerned about construction traffic. VC/Low explained her concern that residents in "The Country Estates" had increased to the point of reconsideration and wondered if there was anything that could be done to mitigate the traffic outside "The Country Estates." Mr. Bostick explained that it was an association problem that could be addressed through the annexation process. ICDDIFong explained thatthe primary reason fortraffic backup DECEMBER 13, 2005 PAGE 3 PLANNING COMMISSION STUDY SESSION during peak hours was a result of the security checking process and felt that the association should work with the City's traffic engineer to provide an improved access. CILee spoke about traffic and noise pollution problems in the City as a result of additional building. He disagreed with the EIR finding in Item 212.5 on page 16 entitled "Population Housing Description." Many residents believe that building more houses brings a significant impact to the City's traffic. How was it that the General Plan anticipated a population increase and by what standard did the engineer determine there would not be a significant impact on the City's traffic movements. Mr. Smith explained that in CEQA when impact determinations are made a "significant stretch threshold" is used as a basis for whether an impact is or is not significant. The way these analyses are done is by using the General Plan as a trigger for whether or not new projects "trigger' significant impacts on the current conditions. if the project requires an amendment to the General Plan it means that the project was not fully anticipated in the General Plan and it would therefore cause an impact that the General Plan did not anticipate. The City's General Plan allows this project; there is no proposed General Plan Amendment. Therefore, the property can be built as anticipated under the City's existing General Plan. Mr. Lee explained that every developer has indicated that there are no significant impacts to traffic. However, he has observed what he believes to be significant impacts to traffic since he moved to Diamond Bar 14 years ago. Chair/McManus explained that he was involved in the writing of the General Plan and learned that most of the City's traffic problems were caused by cut -through traffic. Mr. Smith stated that when the City approved the General Plan additional projects were included in the consideration and to date, the City has not exceeded the projects that were included and contemplated in the approved General Plan. What the Planning Commission needs to address are infrastructure changes that would help mitigate unrelated traffic issues. Mr. Bostick explained that as a matter of due diligence, applicants such as Millennium Enterprises discuss the General Plan with staff and its planners. In this case, the applicant has done everything possible to remain within the boundaries of the General Plan. CILee said he understood the General Plan but was concerned about the impact to the residents. ICDDIFong explained that the project was well within the density called out in the General Plan. The benefit to.the City is that this development would increase property value and the improvements would result in additional property tax to the City. Chair/McManus reiterated that the project was within the guidelines DECEMBER 13, 2005 PAGE 4 PLANNING COMMISSION STUDY SESSION of the City's General Plan and the Planning Commission was charged with land use issues only. "The Country Estates" needs to address their ingress/egress issues, Mr. Bostick further explained that the project is actually at 60 percent of the density called out in the City's General Plan. Mr. Bostick responded to VC/Low that there were several small faults in the area that were not considered to be active faults. C/Torng asked how long the project would take and Mr. Bostick responded that the grading would take six to nine months. Mr. Smith explained to VC/Low that if the Commission approved the project a landscape plan would be done to determine where trees should be placed to allow for maturity. Some of the manufactured slopes may not be appropriate for a large number of trees. In addition, there would be a number of off-site tree replacements. Some of the oaks are within jurisdictions where the replacement is as high as 10:1 or higher for example. The actual number will not be known until the permit process is completed. In short, it was acknowledged from the beginning of the discussions that there would be many more trees called out for mitigation than this site could accommodate. Fish and Game supersedes the City's requirement. VC/Low asked why Lot A was reduced from 11 to under eight acres. Mr. Smith explained that the original tract map design included a park -like setting and a recreated riparian system protected by retaining walls. The current design put that area in a pipe and on the surface there are other water quality features but it is not intended to be habitat. The present design achieves all of the storm water goals of the previous design but no agency would have accepted the riparian area as mitigation because it was totally recreated and would have been a huge expense for the homeowners to maintain with very little real benefit. The current project offers real environmental values. Mr. Smith explained to VC/Low that the biologists walked every inch of the property and mapped it. The report contains a detailed report in GIS mapping with detailed maps that were prepared on-site and entered into the computer. The maps included all of the various habitats. Also, every tree on the site met the City's standards for its Tree Ordinance (8" in cumulative diameter). All trees were tagged with metal tags that contain GPS coordinates, the type of tree, height, width, quality, etc. In addition, the drainage was mapped and no Fish and Game riparian jurisdiction was established outside of the drainage corridor. Very little actual wildlife usage was determined to be on the property. Wildlife traverses Tonner Canyon. Even though the property is owned by the City of Industry the property outside the City boundary is owned by Los Angeles and Tonner Canyon was designated as a significant ecological area. DECEMBER 13, 2005 PAGE 5 PLANNING COMMISSION STUDY SESSION ADJOURNMENT: With no further business before the Planning Commission, Chair/McManus adjourned the study session at 6:59 p.m. to the regular meeting. Respectfully Submitted, Nancy Fong—� Interim Commu ity Development Director Agenda No. 6.2.2 MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION DECEMBER 13, 2005 CALL TO ORDER: Chairman McManus called the meeting to order at 7:12 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Commissioner Lee led the Pledge of Allegiance. 1. ROLL CALL: Present: Chairman Joe McManus, Vice Chairperson Ruth Low and Commissioners Kwang Ho Lee and Tony Torng. Commissioner Dan Nolan was excused. Also present: Nancy Fong, Interim Community Development Director; Gregg Kovacevich, Assistant City Attorney; Ann Lungu, Associate Planner, Linda K. Smith, Development Services Associate and Stella Marquez, Senior Administrative Assistant. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None Offered. 3. APPROVAL OF AGENDA: As Presented. 4. CONSENT CALENDAR: 4.1 Minutes of the Study Session of November 8, 2005. VC/Low moved, C/Torng seconded to approve the Minutes of the November 8, 2005, Study Session as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: VC/Low, Torng, Lee NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: Chair/McManus ABSENT: COMMISSIONERS: Nolan DECEMBER 13, 2005 PAGE 2 PLANNING COMMISSION 4.2 Minutes of the Regular Meeting of November 8, 2005. ClTorng moved, VC/Low seconded to approve the Minutes of the Regular Meeting of November 8, 2005, as changed by ClTorng. Motion carried by the following Rall Call vote: AYES: COMMISSIONERS: Torn, VC/Low, Lee NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: Chair/McManus ABSENT: COMMISSIONERS: Nolan 5. OLD BUSINESS: None 6. NEW BUSINESS: None 7. PUBLIC HEARING(S): 7.1 DEVELOPMENT REVIEW NO. 2005-07 - In accordance with Code Section 22.48, this was a request to construct an approximate 10,650 gross square foot three-story single-family residence with balconies, six car garage and site retaining walls to a maximum six-foot height. PROJECT ADDRESS: PROPERTY OWNER: 2729 Steeplechase Lane Diamond Bar, CA 91765 Alfred and Kuolin Yui 1330 Red Bluff Lane Diamond Bar, CA 91765 APPLICANT: Andy Wang 14658 E. Valley Boulevard Industry, CA 91746 DSA/Smith presented staff's report and recommended Planning Commission approval of Development Review No. 2005-07, Findings of Fact, and conditions of approval as listed within the draft resolution. Andy Wang said he and the applicant read staff's report and concurred with the conditions of approval. DECEMBER 13, 2005 PAGE 3 PLANNING COMMISSION Chair/McManus opened the public hearing. With no one present who wished to speak on this item, Chair/McManus closed the public hearing. VC/Low moved, CILee seconded to approve Development Review No. 2005-07, Findings of Fact, and conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: VC/Low, Lee, Torng, Chair/McManus NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Nolan 7.2 DEVELOPMENT REVIEW NO. 2o04-11(1) - In accordance with Code Section 22.66.060(2), this was a request to modify the architectural style of an approved structure that would house an indoor swimming pool. The Planning Commission approved the single-family residence and swimming pool structure on July 13', 2004. PROJECT ADDRESS: 2601 Wagon Train Lane Diamond Bar, CA 91765 PROPERTY OWNER/ APPLICANT: Li Zhao 1066 Iron Shoe Court Walnut, CA 91789 AssocPlLungu presented staff's report and recommended Planning Commission approval of Development Review No. 2004-11(1), Findings of Fact, and conditions of approval as listed within the resolution. AssocPlLungu responded to C/Torng that the neighbor might be able to see a small portion of the structure because it was higher than the tennis court fencing by about five feet. Neighbors on either side may be able to see the structure and that is why staff asked for additional landscaping to mitigate the view. Such enclosures are common to "The Country Estates" as well as other areas of Diamond Bar. Ed Wilbur, California Custom Sunrooms, explained that the patio was a full glass enclosure with fully insulated low E "Smart Glass 90" dual pane vinyl windows and wall panels. DECEMBER 13, 2005 PAGE 4 PLANNING COMMISSION Mr. Wilbur confirmed to Chair/McManus that the roof skylights open to eliminate fogging and the front contains operable windows. Chair/McManus opened the public hearing. With no one present who wished to speak on this item, Chair/McManus closed the public hearing. C/Torng moved, CILee seconded, to approve Development Review No. 2004-11(1), Findings of Fact, and conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Torng, Lee, VC/Low, Chair/McManus NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Nolan 7.3 DEVELOPMENT REVIEW NO. 2005-39, MINOR CONDITIONAL USE PERMIT NO. 2005-15 AND TREE PERMIT NO. 2005-11 - In accordance with Code Section 22.48, 22.68, 22.56 and 22.38, this was a request to remodel and construct approximately 6,446 gross square feet to an existing 3,392 square foot single family residence with a five car garage, site retaining walls with a maximum exposed height of seven (7) feet, and swimming pool. Additionally, the applicant requested Minor Conditional Use Permit approval to allow the continuation of a legal non -conforming 22 -foot front yard setback and Tree Permit for the removal and replacement of preserved/protected trees. PROJECT ADDRES PROPERTY OWNER: APPLICANT: 2601 Wagon Train Lane Diamond Bar, CA 91765 Karambir S. Bhullar 2601 Wagon Train Lane Diamond Bar, CA 91765 Ron Whittier 2512 Cedar Ridge Lane Corona, CA 92881 DSA/Smith presented staff's report and recommended Planning Commission approval of Development Review No. 2005-39, Minor Conditional Use Permit DECEMBER 13, 2005 PAGE 5 PLANNING COMMISSION No. 2005-15 and Tree Permit No. 2005-11, Findings of Fact, and conditions of approval as listed within the resolution. VC/Low asked if DSA/Smith was comfortable with the Arborists' report since it was dated December 2, 2002, and DSA/Smith responded affirmatively because nothing had changed at the site. C/Torng asked why the applicant had landscaped to the street and DSA/Smith explained that "The Country Estates" homeowner's property line runs to the centerline of the existing street. Ronald Whittier, applicant, stated that he and Dr. Bhullar read staff's report and concurred with the conditions of approval and Dr. Bhullar would like to move forward with the project. Chair/McManus opened the public hearing. Ron Everett, Rocky Trail, said he had safety concerns during construction about the setback because the easterly garage was close to a turn. He felt that all construction vehicles and equipment should be kept off the street. He asked that the new garage be set back as far as possible from Wagon Train. He said he supports the project. He would like to see low landscape in the front yard area so that it would not impede visibility for vehicle travel on Wagon Train. He said he was also concerned about view protection because his view would be invaded by the project. He also requested that no second stories be allowed on the garages. ICDD/Fong responded that the traffic engineer reviewed the plans and made no comment that there was a safety issue. The new garage sits back further than the existing building and is short only by a foot and three-quarters from the 30 -foot setback. Regarding the landscaping, a condition could be placed upon the project requiring that landscaping within the front yard should be low level shrubs and that trees should be moved back closer to the building. She again stated that the City does not have a view preservation ordinance that would require applicants to conduct a study on view sheds. CILee moved, C/Torng seconded, to approve Development Review No. 2005-39, Minor Conditional Use Permit No. 2005-15 and Tree Permit No. 2005-11, Findings of Fact, and Conditions of Approval as listed in the resolution subject to the addition of a condition requiring shrubbery in the DECEMBER 13, 2005 PAGE 6 PLANNING COMMISSION front yard setback to be low-level. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lee, Torng, VC/Low, Chair/McManus NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Nolan 7.4 TENTATIVE TRACT MAP NO. 53430, ZONE CHANGE NO. 2005-03, CONDITIONAL USE PERMIT NO. 2002-01, VARIANCE 2005-03 AND TREE PERMIT NO. 2005-10 - In accordance with the Subdivision Map Act, City's Subdivision Ordinance -- Title 21 and Development Code -- Title 22, Sections 22.70, 22.58, 22.22, 22.54 and 22.38, this was a request to subdivide approximately 80 acres into 48 single-family residential lots for the eventual development of single-family custom homes. The Zone Change is related to changing the existing zoning from R-1-20,000 to Rural Residential (RR). The Conditional Use Permit was related to grading and development within a hillside area. The Variance was related to retaining walls that were proposed at a height greater than six feet. The Tree Permit was related to the removal/replacement/protection of oak and walnut trees. PROJECT ADDRESS: Directly south of Rocky Trail Road and Alamo Heights Drive, and west of Horizon Lane, Diamond Bar, CA 91765 PROPERTY OWNER/ John Bostick APPLICANT, Millennium Enterprises 3731 Wilshire Boulevard, Suite 850 Los Angeles, CA 90010 AssocP/Lungu presented staff's report and recommended that the Planning Commission recommend the following to the City Council: Certification of the Draft Environmental impact Report (SCH#2003052202) and Mitigation Monitoring Program; approval of Tentative Tract Map No. 53430, Zone Change No. 2005-03, Conditional Use Permit No. 2002-01, Variance No. 2005-03, Tree Permit No. '2005-10, Statement of Overriding Consideration, Findings of Fact, and conditions of approval as listed within the Resolutions. DECEMBER 13, 2005 PAGE 7 PLANNING COMMISSION VC/Low asked when the amount of contributions toward a park -would be determined and ICDDIFong responded that typically, the amount is handled prior to issuance of permits based on the appraised value of the proposed project. ICDDIFong explained that the pad sizes are about an acre and in this particular zone the lot coverage is 30 percent so that there is less infringement into the natural slope (restricted) areas. This project as in the case of all projects within "The Country Estates" requires homeowners' association approval. John Bostick, Millennium Diamond Road Partners, showed a copy of the Tentative Tract Map provided by property owner Jerry Yeh, showed a photo of the proposed site and 3-D depictions of the completed project. He explained the proposal in detail and showed the location of the streets and proposed lots on the other side of Horizon Lane. He stated that the applicant is working with the Alamo Heights residents to obtain a slope easement in order to eliminate the retaining wall required by the construction of Alamo Heights Drive. VC/Low asked for further comment on the EIR with respect to wildlife. Tom Smith, BonTerra Consulting, explained to VC/Low how the project does not impede habitat and wildlife corridors. The finger canyons off of the ridgeline of "The Country Estates" provide some opportunity for wildlife to move back and forth from Tanner Canyon into the side canyons a bit. However, there are no actual connections for wildlife movement in the area. He said that his staff spent several days mapping the entire site and surveyed every tree on the site that metthe City's Tree Ordinance standards. The conclusion was that the loss of the trees and the habitat could be mitigated was based on compliance for the City's Tree Ordinance and requirements for recreating the habitat and replacing the appropriate number of trees onsite and offsite. In addition, the biological surveys determined that the Corps of Engineers and the California Department of Fish and Game as well as the Regional Water Quality Control Board have jurisdiction on this property relating to the drainage. Permits will be obtained from those agencies and all mitigation required by those agencies will be satisfied as required before the City's issuance of a grading permit for development of the site. As with any project in the City and as required by CEQA, there is a five-year mitigation monitoring system in place during implementation of the project. DECEMBER 13, 2005 PAGE 8 PLANNING COMMISSION In response to VC/Low, Mr. Bostick stated that staff met with "The Country" Homeowners' Association regarding approval and future construction of the project and agreed to work with the association regarding hours of operation. He said he speaks with Steve Solis, President of the association at least twice a week about the project. The access to the construction site is through Alamo Heights. The current anticipated value of the project upon completion is $1.1 million per lot. Mr. Smith explained to CILee that the animals would move out of the area once the grading began. As previously mentioned, the 70 acres of development is a very small area in comparison to the over 1000 acres in the Tonner Canyon significant ecological area and biological resources area. Any animals on the site will move on their own out into other areas and most especially Tonner Canyon. For small animals with low mobility, the mitigation monitoring program requires biological monitors to be placed on-site before the first piece of equipment starts to move. This process has taken place in Diamond Bar and other cities for many years. The biologists move rattlesnakes, small lizards and other animals that are unable to get out of the way of the equipment. The most valuable place for animals is in Tonner Canyon and not on this project site because the site is surrounded on three sides by other development. The mitigation program requires that the acres of habitat be recreated offsite under the watchful eye of a five-year monitoring program. At the request of C/Torng Mr. Bostick explained that the park fees are determined after approval and engineering. The appraisal is based upon the finished product and Millennium is prepared to pay the park fees for the 8.9 - acres. James Claude, Neblitt Associates, engineering consultant for the project, stated that his firm follows state, county and city guidelines as well as industry standards for slope stability calculations, seismic hazards analysis and other geotechnical analyses. Mr. Smith confirmed to Chair/McManus that a wildlife habitat is open at both ends and one that is not is often referred to as a mortality sink for the animals. VC/Low asked if Mr. Bostick was comfortable with the City's fees and Mr. Bostick confirmed that he was. DECEMBER 13, 2005 PAGE 9 PLANNING COMMISSION Chair/McManus opened the public hearing. Bill Liu, 2855 Bentley Way, said that if this procedure requires Crystal Ridge HOA to be involved it should have input into the project. He asked whether the City required approval from the Crystal Ridge HOA. ICDDIFong responded that this project asked to annex into "The Country Estates." The Crystal Ridge HOA is a separate association and cannot ask the City to require that this project be annexed into "The Country Estates" Homeowners Association because the City merely grants the entitlement and does not regulate whether an association annexes into "The Country Estates." Therefore, this is a private matter between Crystal Ridge and "The Country Estates." Mr. Liu responded to C/Torng that the Crystal Ridge homeowners are confined to using the Steeplechase entry only. Ron Everett, Rocky Trail Road, stated that this was a complex and very good project and that the community engineering was a major problem. He appealed to the Commissioners to devise a way to make sure that the matter of homeowner association relationships were established prior to completion of this project. The developer and "The Country Estates" are in continuing discussions but there are other issues that need to be resolved. He said he was concerned about three or four associations involved in sharing roads that would create "human- interest" concerns. ICDDIFong said that for tonight's meeting the advertisement was for entitlement of this project and not to discuss the association concerns. David Leong, Kicking Horse Drive (adjacent to the proposed Alamo Heights) asked the applicant to reiterate the height and length of the wall along Alamo Heights. He wanted to know if it was true that the homeowners on Kicking Horse Drive were legally obliged to grant easement for half of the width of Alamo Heights. The creek running along Alamo Heights that accommodates animals is not referred to in the EIR. ICDDIFong responded that the property has a 40 -foot easement, a drainage easement and a maintenance easement. If the applicant stays within the 40 -foot easement they would have to construct a retaining wall in order to build Alamo Heights. If built, the wall would extend the length of eight homes and the wall could range from 0 to 26 feet at its highest point. The applicant showed plans that depicted how the retaining wall and landscaping would appear. If the eight property owners DECEMBER 13, 2005 PAGE 10 PLANNING COMMISSION granted a grading easement of about 50 feet in width the applicant could use the entire 90 feet for grading a 2:1 gradual slope to meet the height of the street and avoid building the retaining wall. If the additional 50 -foot easement were granted it would provide more of a natural landscape. The applicant has proposed an underground box for the water flow with catch basins and drains. Tom Smith referred the speaker to pages 3.3-11 and subsequent pages as well as Figure 3.3-1 that showed the location of the drainages and talked about the wildlife and habitat values in the area. It is true that there is runoff in the creek now and it is his belief that a lot of the runoff is "nuisance" water from irrigation on the surrounding development. As indicated, the water will continue to pass beneath the surface of the site and ultimately discharge into Tonner Canyon at approximately the same location that it discharges today as required by the City and by the regulatory agencies. ICDD/Fong responded to Mr. Leon that Alamo Heights has a certain grade. The approval of the Jerry Yeh subdivision extended Alamo Heights and established certain grades requiring gradual grade reduction of the extension. The retaining wall concept is to hold up the street because of the significant drop in the elevations in a short span of roadway. Staff would prefer to have the applicant grade the slopes at the back of the homes to create a gentle slope that rises to meet the street and not require the high retaining wall. Dr. Hofu Wu, licensed architect and Fellow of the American Institute of Architects, 22368 Kicking Horse, felt that with all of the requirements placed on the project it was not an insignificant impact to the EIR, that there would be a vast amount of cut and fill and that the pads would actually be at 50 percent lot coverage and not 30 percent. He offered what he felt was a better solution to the proposed retaining wall that he believed would be 600 feet long rather than the 100 feet previously indicated. Fred Guido, 7530 Rocky Trail Road, said he did not have an opportunity to look at the EIR. He asked what size, types of motors and sound suppression would be implemented for the sewage pump station located at the cul-de-sac joining Rocky Trail Road; asked for a definition of a Statement of Overriding Consideration as it related to grading; and whether grading would be confined to the City of Diamond Bar or infringe on L.A. County property and whether that possibility was taken into consideration during the preparation of the EIR. He asked if Rocky Trail Road would be used as an access road during the course of construction and what requirements/mitigation measures/conditions were placed on the project to keep access streets clean DECEMBER 13, 2005 PAGE 11 PLANNING COMMISSION and free of muddy debris, He said that in his opinion, the City should be developing this project in accordance with the contours of the land because Crystal Ridge turned into a cookie cutter box -style housing tract and the houses are out of character with the general setting of "The Country Estates." TCDD/Fong responded that staff was unaware of the size of the pump and that it would be reviewed by LA County. The pump will be housed in a structure to minimize noise pollution and should not impact the residents. Additionally, the pump was located close to the southern boundary of the project site and not any where near the cul-de-sac of Rocky Trail. Through CEQA and the EIR process if all impacts have been identified and can be mitigated to a point of "less than significant" the project can move forward. However, if one impact exceeds that standard a Statement of Overriding Considerations must be adopted in order for the EIR to be certified and for the project to be approved. In this case the only impact at issue is PM 10 that deals with the inability to meet the air quality standards during construction. Once the project is completed there are no long-term impacts at issue. ICDD/Fong said she was unable to discuss regional air quality matters because they were not City of Diamond Bar issues. With respect to grading, the ElR reviewed the project within the project boundary only. The city, county, state and Water Quality Board have regulations regarding dust, mud and debris (NPDS) and the developer must make certain that no mud and debris washes into the drainage system. During grading water trucks are set in operation to mitigate dust impact to surrounding residences. The variance is for the height of several retaining walls. Staff has been working with the applicant to reduce the number and height of the retaining walls. Staff's preference is for the applicant to work with the adjacent neighbors so that there would be no retaining wall along Alamo Heights. VC/Low said she visited the project site today and found it to be ambitious and the views breathtaking. She felt that Mr. Wu's recommendations while not necessarily better than those of the applicant were worthy of consideration. She said she was concerned that if the Variance were granted today there would be no incentive for the applicant to continue negotiating with the landowners for the easement. VC/Low moved that the hearing be continued to January 10, 2006, to allow the applicant time to obtain permission from the remaining landowners for the easement. C/Torng seconded the motion. Motion carried by the following Roll Call vote: DECEMBER 13, 2005 PAGE 12 PLANNING COMMISSION AYES: COMMISSIONERS: VC/Low, Torng, Lee, Chair/McManus NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Nolan 8. PLANNING COMMSSIONER COMMENTSIINFORMATIONAL ITEMS: VC/Low wished staff and residents Happy Holidays and a Merry Christmas. C/Lee said that Mr. Smith did a very good job explaining the project and answering his questions but he was still concerned that although the City's population had doubled since 1980 the streets had not been widened. The Millennium project is only for 48 houses but it does increase the population which in turn increases pollution, traffic and adverse conditions. He would prefer to see the project discussed as a private matter with a more detailed discussion at the next meeting. C/Torng thanked the developer, staff and the consultant for their presentations. He said Happy Holidays to everyone including his fellow Commissioners. Chair/McManus wished everyone a Merry Christmas. 9. STAFF COMMENTS AND INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future projects. ICDDIFong reminded the Commissioners that the December 27, 2005, meeting was canceled due to lack of quorum. ICDDIFong reported that at its December 6, 2005, meeting the City Council approved the Country Hills Towne Center project with additional conditions. CM/Lowry and the City Council are considering economic development for the City and are looking at several sites. The Mayor may request an Economic Development Task Force and may ask two members of the Planning Commission to participate. ICDDIFong responded to VC/Low that at the December 6, 2005, Council meeting Mr. McCarthy expressed that he would most likely be signing an agreement to bring a market to his shopping center within 10 days. 10, SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. DECEMBER 13, 2005 PAGE 13 PLANNING COMMISSION ADJOURNMENT: With no further business before the Planning Commission, VCILow adjourned the meeting at 10:06 p.m. to January 10, 2006. ResoectfWty Su Nancy Fong Interim Comm ity 136vetopment. Director Attest: Joe cManus, Chairman Agenda No. 6.3 CITY OF DIAMOND BAR MINUTES OF THE PARKS & RECREATION COMMISSION HEARING BOARD ROOM OF S.C.A.Q.M.D.ITHE GOVERNMENT CENTER 21865 Copley Drive NOVEMBER 17, 2005 CALL TO ORDER: Chairman Nancy Lyons called the Parks and Recreation Commission meeting to order at 7:01 p.m. in the SCAQMD/Government Center Building Hearing Board Room, 21865 Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Recreation Specialist Christy Murphey led the Pledge of Allegiance. 1. ROLL CALL: Present: Chairman Nancy Lyons, Vice Chairman Dave Grundy and Commissioners Benny Liang and Ted Owens. Staff Present: Bob Rose, Director of Community Services; Christy Murphey, Recreation Specialist and Marisa Somenzi, Administrative Assistant. MATTERS FROM THE AUDIENCE: None Offered. CALENDAR OF EVENTS: As Listed in the Agenda and reported by CSD/Rose. CONSENT CALENDAR 1.1 Approval of Minutes of October 27, 2005 Regular Meeting. C/Liang moved, C/Owens seconded to approve the Minutes of the Regular Meeting of October 27, 2005. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Liang, Owens NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: Grundy, Chair/Lyons ABSENT: COMMISSIONERS: Chang 2. INFORMATIONAL ITEMS 2.1 Recreation Program Report — RS/Murphey Chair/Lyons commented that the Veterans' Recognition ceremonies were very good. She stated the food serving time was confusing. She suggested that the food should be available prior to the actual ceremony. She also felt it seemed difficult to organize a group photograph with so many people present. Overall, the event was excellent and very good for the community. VC/Grundy said that he and his wife visited the Halloween Haunted House and Fall Fun Festival. It was very organized and everyone seemed to have a NOVEMBER 17, 2005 PAGE 2 P&R COMMISSION wonderful time. 2.2 Diamond Bar Community Foundation Oral Report — Chair/Lyons reminded everyone that the Foundation's fundraising dinner would be held on Saturday, December 3 from 6:00 to 11:00 p.m. at the Diamond Bar Center and that those individuals who were interested in attending could obtain tickets from C/Chang. 2.3 Library Task Force Oral Report — Chair/Lyons felt this item should be removed from the agenda for the time being. 2.4 Youth Master Plan Oral Report — VC/Grundy reported that both meetings were well -attended and successful in terms of formulating what will eventually be a two-tiered governing process — a steering committee and subcommittees that will work on the details of the Youth Master Plan. By the next meeting a collaborative model would most likely be selected and the discussion of how the group would operate and what the name would be would continue. CSD/Rose said the Youth Action Committee was coming together and would hold its first meeting in January. VC/Grundy congratulated RS/Meyers on her grasp of the situation and control of the meetings. 2.5 Parks Report — CSD/Rose reported that the City's maintenance staff members were attending the Pacific Southwest Maintenance Management School at Lake Arrowhead and would probably return to the City with many new and useful ideas. 2.6 CIP Program Report — CSD/Rose a. Trail and Trail Head Development at Sycamore Canyon Park — Under Construction. Was to be completed by the end of November 2005 and may extend into December. The biggest remaining issue is whether the street would have to be trenched for a 3" conduit to replace the 1 '/2" conduit at an additional cost of $12,000. This item may have to go back to City Council for consideration of additional funds to complete the project. b. Picnic Shelters at Pantera Park — to be completed by end of November. c. Sycamore Canyon Park ADA Retrofit — Phase III — Plans and Specifications due by November 28 and construction slated to begin early spring with completion in time for Concerts in the Park 2006 series. d. Lorbeer Ball Field — Artificial Turf/Restrooms — Awaiting response from the Pomona Unified School District. e. Paul C. Grow Park — Staff hosted a neighborhood meeting last night to discuss what types of improvements the residents would like to see at the park. Discussed at the meeting were: pre-school age play equipment, drainage improvements, landscaping of slopes, issues with the back stop, possible picnic shelter, and rubberized surfacing for the elementary age play equipment. f. Design of Restroom/Storage Building at Pantera Park — RJM Design Group working on the conceptual plans. NOVEMBER 17, 2005 PAGE 3 P&R COMMISSION g. Design of Trail Access Points -- Group Delta has the materials to begin making plans for the trail access points at Clear Creek Canyon and ai Steep Canyon up to the Diamond Bar Center at Summitridge Park. VC/Grundy asked if the subcommittee/ad hoc committee would need to meet to review and discuss the Hirsch & Associates proposed plans for Sycamore Canyon Park. He said he was concerned about whether the group would have to meet in December to avoid unnecessary holdup of further progress. CSD/Rose said he would schedule a meeting. 3. OLD BUSINESS: None 4. NEW BUSINESS: None 5. ANNOUNCEMENTS: Commissioners concurred to adjourn the regular December meeting due to lack of quorum. Chair/Lyons agreed with VC/Grundy that Sycamore Canyon should be completed prior to the 2006 Concerts in the Park series. C/Owens announced that he and VC/Grundy met with staff to discuss the Facility User document. He felt it would be a good gesture for the Commission to send thank you letter to individuals, businesses and groups for donation of funds and support of programs and activities. VC/Grundy thanked CSD/Rose, RS/Wright, CM/Lowry and others who worked with D.B. AYSO to help plan activities in the spring of 2006. He congratulated Chair/Lyons and C/Chang on their recent elections (to the Walnut Valley Unified School Board). C/Liang said he was thankful that the election was over and the City could move forward. Chair/Lyons was excited about Sunday at the Center and about moving forward with Sycamore Canyon Park. ADJOURNMENT: Upon motion by VC/Grundy, seconded by C/Owens and with no further business before the Parks & Recreation Commission, Chair/Lyons adjourned the meeting at 7:45 p.m. Respectfully Submitted, /S/ Bob Rose, Secretary Attest: �5 Nancy Lyons, Chairman Agenda No. 6.4.1 CITY OF DIAMOND BAR MINUTES OF THE TRAFFIC AND TRANSPORTATION COMMISSION MEETING SEPTEMBER 8, 2005 CALL TO ORDER: Chair Pincher called the meeting to order at 7:07 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: Chairman Pincher, Commissioners Morris, Shay, and Virginkar. VC/Shah was excused. Also Present: Fred Alamolhoda, Senior Engineer; Sharon Gomez, Senior Management Analyst; Kimberly Molina, Assistant Engineer and Michelle Chan, Senior Administrative Assistant. I. APPROVAL OF MINUTES: A. Minutes of June 9, 2005. C/Morris moved, Chair/Pincher seconded, to approve the minutes of the June 9 meeting as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Morris, Chair/Pincher NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: Virginkar, Shay ABSENT: COMMISSIONERS: VC/Shah B. Minutes of Special Meeting August 4, 2005. CNirginkar moved, VC/Shay seconded, to approve the minutes of the August 4, 2005 special meeting. Motion carried by the following Roll Call vote: AYES: Virginkar, Shay, Chair/Pincher None Morris VC/Shah COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: SEPTEMBER 8, 2005 PAGE 2 T&T COMMISSION C. Minutes of August 11, 2005. Shay moved, C/Virginkar seconded, to approve the minutes of the August 11, 2005 meeting. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: Virginkar, Shay, Chair/Pincher None Morris VC/Shah Chair/Pincher welcomed Kenneth Mok to the Commission meeting and indicated that he would be administered the Oath of Office by the City Manager's office. II. PUBLIC COMMENTS: None Offered. III. CONSENT CALENDAR: None. IV. ITEMS FROM STAFF A. Traffic Enforcement Update - Received and filed on the following items: Citations: August 2005 2. Collisions: August 2005 3. Future Deployment of the Radar Trailer V. OLD BUSINESS: None VI. NEW BUSINESS: None VII. STATUS OF PREVIOUS ACTION ITEMS None Vlll. ITEMS FROM COMMISSIONERS C/Morris said that he had served on the Commission for about the past nine orten years and found the business of the Commission very interesting. He encouraged his colleagues to keep looking at ways to improve traffic in the City. He believed that if the City could keep traffic on the arterials where they belong it would serve to mitigate a great deal of the City's problems. One thing he mentioned several years ago that he felt was timely was the concept of taking Golden Springs Drive (the area north of Diamond Bar Boulevard and Temple Avenue) and reclaiming it as a residential street, reducing the traffic lanes, increasing the parking and installing a center median which would overtime restore it to a residential artery. He said he believed the people who live in the Cimarron Oaks condos who spoke at last month's meeting had a valid complaint. The same type of mitigation applies to Sunset SEPTEMBER 8, 2005 PAGE 3 T&T COMMISSION Crossing Road at the freeway — it needs to be reclaimed as a residential street between Diamond Bar Boulevard and Golden Springs Drive. He felt that what the City had done with Brea Canyon Road offered a good solution for the two aforementioned areas. He thanked his colleagues and staff for their support. Chair/Pincher thanked C/Morris for his service to the Commission and said that it had been a pleasure for her to serve with him. IX. INFORMATIONAL ITEMS A. Caltrans 57160 Freeway Construction Project — SEIAlamolhoda B. Grand Avenue Improvements Project — Phases I&II — SEIAlamolhoda. C. Slurry Seal Area 1 — AE/Molina D. Traffic Signal modifications and Installations Project— SMA/Gomez reported that the contractor was ahead of schedule and should be completed and energized by the end of October. E. CDBG Sidewalk Project (Diamond Bar Boulevard from Solitaire Street to Park 'N Ride),— AE/Molina reported that bid opening was slated for Tuesday, September 13 and involved approximately 6,000 lineal feet of sidewalk installation on the west side of Diamond Bar Boulevard south of Solitaire Street to the Caltrans Park 'N Ride. The engineer's estimate for the project cost is about $280,000 and staff anticipates taking the construction contract to Council on September 20 with construction commencing upon approval. F. Target/Brookfield Homes Project — SEIAlamolhoda reported that last week staff issued the grading permit for demolition of the existing Calvary Chapel parking lot. The $6.5 million contract is for on-site grading, stone drain and sewerfacilities installation, parking lot paving, concrete curbs and gutters and planters, irrigation as well as parking lighting. 100,000 cubic yards of earth will be moved with 30,000 on-site and 70,000 transported offsite beginning Monday, September 12, 2005. SMA/Gomez said that although the Building Department was fast -forwarding the Brookfield project the models would probably be built by March or April instead of January as originally planned. G. Westbound Golden Springs Drive "Reduced Speed Ahead" signs — SMAIGomez that as a result of VC/Shay's concern the City's Traffic Engineer indicated that this sign is used in construction zones. She said she would discuss the matter with DPW/Liu for possible appropriate signage. H. Intersection of Diamond Bar Boulevard and KmartNons — SMA/Gomez reported that in response to Chair/Pincher's concern about the confusion at this intersection she spoke with the property management companies for Kmart and Vons and has not yet heard back from them. She will follow up and report back to the Commission. i. Walnut Drive Street Rehabilitation Project— SMA/Gomez reported that the bid opening for the project was yesterday. Eight contractors responded. The apparent low bidder was Sully -Miller with a bid of $388,000 and staff plans to place the matter before Council on September 20 for approval. SEPTEMBER 8, 2005 PAGE 4 T&T COMMISSION J. Traffic Management Project — SEIAlamolhoda reported that D.B. was awarded $220,000 of federal funds for improvements on Prospector Road and Sunset Crossing Drive. SMA/Gomez, on behalf of PWD/Liu said that staff appreciated C/Morris' commitment and compassion to his position on the Commission and that C/Morris had contributed many good ideas. She hoped that he would continue to support the Commission and staff with his recommendations. VC/Shay asked if with respect to the Target/Brookfield Homes project, staff was aware of what restaurants would occupy the pads. SEIAlamolhoda said that the project managers had not yet disclosed possible names but declared that they would be high-end restaurants. AE/Molina stated that Target is the property owner and would be submitting a parcel map to split the area into three lots with one for Target and each of the two remaining for the restaurants. Whether or not the two restaurant pads would be sold to the new restaurant owners has yet to be determined. X. FUTURE AGENDA ITEMS: As listed in the Agenda. ADJOURNMENT: There being no further business to come before the Traffic and Transportation Commission, Chair Pincher adjourned the meeting at 7:42 p.m. Respectfully, D d G. iu, Secretary Attest: Chair Liana Pincher Agenda No. 6.4.2 CITY OF DIAMOND BAR MINUTES OF THE TRAFFIC AND TRANSPORTATION COMMISSION MEETING OCTOBER 13, 2005 CALL TO ORDER: Chair Pincher called the meeting to order at 7:05 p.m. in the South Coast Air Quality Management/Government Center Hearing Board Room, 21865 Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Vice -Chair Shah led the Pledge of Allegiance. ROLL CALL: Present: Chair Pincher, Vice -Chair Shah and Commissioners Mok and Shay. Commissioner Virginkar was excused. Also Present: David Liu, Public Works Director; Fred Alamolhoda, Senior Engineer; Kimberly Molina, Assistant Engineer and Michelle Chan, Senior Administrative Assistant. I. APPROVAL OF MINUTES: A. Minutes of September 8, 2005 — Continued to November 10, 2005. II. PUBLIC COMMENTS: Douglas Barcon, 404 N. Rock River Drive, requested that the City consider changing the protected left turn arrow at the intersection of North Diamond Bar Boulevard at the northbound SR57, across from Kentucky Fried Chicken, to a left turn arrow with a green yield light similar to the one on Copley Drive at Golden Springs Drive to allow people to make a left turn when there is no oncoming traffic in order to avoid traffic backup. PWD/Liu explained that staff recently responded to Mr. Barcon that the City installed the protective left -tum arrows to reduce right-angle type of accidents at the intersection. The City will continue to closely monitor the situation. At this time, based on the accident history and the conditions (prevailing speed on the arterial) the signal needs to function as it currently exists. Staff may consider adjusting the signal timing during non -peak hours if warranted upon investigation. III. CONSENT CALENDAR: A. Neighborhood Traffic Management Program (NTMP) -- Received and Filed. OCTOBER 13, 2005 PAGE 2 T&T COMMISSION PW D/Liu responded to C/Shay that the process of getting the information out to the public could start as early as November/December. The actual project timeline is contemplated to take between six and twelve months. VC/Shah moved, C/Shay seconded to receive and'file. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Mok, Shay, VC/Shah, Chair/Pincher NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Virginkar IV. ITEMS FROM STAFF A. Traffic Enforcement Update - Received and filed on the following items: 1. Citations: September 2005 2. Collisions: September 2005 3. Future Deployment of the Radar Trailer V. OLD BUSINESS: None VI. NEW BUSINESS: A. Pavement Management System AE/Molina presented staff s report on the newly adopted Pavement Management System (PMS) for the City. In April 2004 the City Council opted to revise the five-year slurry seal program to a seven-year program in an effort to reduce general fund expenditures and to ensure that the City would receive maximum return on street rehabilitation expenditures. In accordance with the seven-year plan, MACTEC, the City's consultant, developed a pavement management system. There are about 130 centerline miles within the City. Approximately 104 of those miles are residential and the remaining are arterials, minor arterials and collector streets. The objective of the pavement management system is to 1) provide the documentation and certification required by MTA for federal and State funding, 2) provide an inventory and evaluation of the roadway network, and 3) identify future and current needs to assist in the preparation of the annual budget for street maintenance and rehab. The PMS is compatible with the City's GIS and will be available to residents and staff online. MACTEC found that the City's Pavement Condition Index for D.B. was 75 indicating that overall D.B. streets are in very good condition. OCTOBER 13, 2005 PAGE 3 T&T COMMISSION VC/Shah asked if the PMS would analyze anticipated street repairfor 10-15-20 years and AE/Molina responded that the program provides a seven-year analysis. Based on the PCI the system determined whether the streets needed to be done this year or six years from now. If there is complete failure the program recommends reconstruction. PWD/Liu explained that this is an updated software program. The City began its first pavement management system in 1994. Annual the City receives approximately $175-180,000 from the federal government for use on arterials. Other sources are Prop A and C funds from MTA, state gas tax funds as well as general fund monies. ClShay asked if the City intended to patch and maintain or repair Grand Avenue and Golden Springs during and after construction of the Target Center. PWD/Liu responded that the entire length of Grand Avenue was identified for repair and the City had already budgeted monies for this project. He referred to Item B. under Informational Items — Grand Avenue Improvements Project- Phases 1&II. Phase 1 consists of resurfacing of Grand Avenue from the freeway to the Brookfield Homes entry. VC/Shah asked if Target was contributing to the street improvements and PWD/Liu responded "yes." CIMok asked who had conducted the PMS field inventory and how those individuals determined the street rankings. AE/Molina responded that field technicians follow the Micro -Paver handbook that calls out 18 types of distresses. The observers look at the street and based on 100 foot sections of street, the types of distresses seen by the technicians are entered into the program and the program develops the PCI using those entries. Chair/Pincher wanted to know what types of distresses required more maintenance and whether some streets required more maintenance than other streets due to natural phenomenon such as water runoff, etc. AE/Molina said she understood that one of the worst types of distress was alligator cracking that indicated a problem within the sub -grade and alligator cracking required a complete reconstruction of the street. The Micro -Paver System can distinguish the types of distresses and rank them accordingly. Potholes are inconvenient but they do not indicate a problem with the sub -grade. Following discussion, ClShay moved, CIMok seconded, to received and file the report. Motion carried by the following Roll Call vote: AYES: Mok, Shay, VC/Shah, Chair/Pincher None Virginkar COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: OCTOBER 13, 2005 PAGE 4 T&T COMMISSION VII. STATUS OF PREVIOUS ACTION ITEMS PWD/Liu reported that on September 20th staff met with City Council during its Study Session to discuss the Neighborhood Traffic Management Program. That night City Council awarded the construction contract to Sully -Miller for the Walnut Drive Street Rehab Project. Next Tuesday night the Council is expected to approve a recommendation for a consultant to begin design work on a new signal on Grand Avenue at Cleghorn. PWD/Liu announced that SE/Alamolhoda was leaving the City to form his own consulting business and that he would continue to assist the City on current projects. Vlll. ITEMS FROM COMMISSIONERS C/Mok thanked his colleagues for welcoming him to the Commission. Chair/Pincher encouraged the new Commissioners to attend the Traffic Commissioners Workshop on November 5. IX. INFORMATIONAL ITEMS A. Caltrans 57/60 Freeway Construction Project SE/Alamolhoda stated that according to Caltrans the project is progressing according to schedule. This month there were problems with the signals on Grand Avenue that created additional congestion. B. Grand Avenue Improvements Project — Phases I&II SE/Almolhoda explained that almost half of the $2.3 million project is being paid by Target/Lewis Homes. Last week the City received an unanticipated estimate from Edison for $700,000 to relocate two towers. As a result, the City, Target and Lewis Homes are meeting to discuss this issue. The City received comments from Caltrans on the $2 million Phase II project and staff is in the process of submitting its responses. As soon as the project is approved it will be advertised for bids. C. Traffic Signal modifications and Installations Project PWD/Liu reported that all of the projects were budgeted and were in progress in the current fiscal year. Both the SR57 northbound/Diamond Bar Boulevard and left turn signal on Diamond Bar Boulevard at Sunset Crossing were completed on September 20th and the contractor has moved on to the Diamond Bar Boulevard at Cold Spring and Diamond Bar Boulevard at Maple Hill intersections. OCTOBER 13, 2005 PAGE 5 T&T COMMISSION D. CDBG Sidewalk Project (Diamond Bar Boulevard from Solitaire to Park & Ride) AE/Molina reported that on October 4th Council awarded a construction contract for installation of 6000 lineal feet of sidewalk along the west side of Diamond Bar Boulevard from Solitaire to the Caltrans Park & Ride. Construction commencement date is yet to be determined. E. Target/Brookfield Homes Project SEIAlamolhoda stated that the contractor completed the major portion of earth movement last week. Staff and Brookfield Homes held the pre -construction meeting this week and construction is slated to take place in 18 phases with 11 phases of condominiums and 7 phases of single-family residences with the projects commencing simultaneously and overlapping in the process. Completion is anticipated for 2008. ClShay asked who was responsible for marketing to attract other businesses to the Target Center. PWD/Liu responded that Interim Community Development Director/Fong and CM/Lowry were in discussions with Target and prospective businesses during this ongoing effort to bring in the best possible restaurants for the City and at this point, the City does not know what businesses will occupy the two restaurant pads. F. Westbound Golden Springs Drive "Reduced Speed Ahead" signs PWD/Liu reported that the signs were installed at the request of ClShay. G. Industry's Grand Avenue Bridge Widening/Interchange Project SEIAlamolhoda indicated that staff met with Industry and Caltrans on several occasions and conceptual drawings were submitted and reviewed. PWD/Liu responded to VC/Shah that until D.B. understood what the ultimate benefits would be to the City, D.B. had made it very clear to Industry that the City was not willing to expand its roadway system to accommodate an eight - lane roadway transition from Industry. VC/Shah said he was very impressed with staffs thought. process on this issue. H. Lemon Avenue On and Off Ramps Project SEIAlamolhoda explained that this major joint project with Industry would be paid with Industry funds and federal funds received by D.B. The project is in the conceptual phase at this time. One of the consultants proposed putting in a collector road north of SR-60beginning at the Brea Canyon Road westbound OCTOBER 13, 2005 PAGE 6 T&T COMMISSION on-ramp running parallel along the SR -60 designed to exit at Lemon or across Lemon at the westbound on-ramp. D.B. is concerned that this project may adversely affect businesses. The City is very supportive of the project and wants to make certain that D.B. residents and businesses are treated fairly through a locally preferred alternative. VC/Shah recommended the City establish a task force to study the project concept and to support staff. X. SCHEDULE OF FUTURE CITY EVENTS: As listed in the Agenda. ADJOURNMENT: There being no further business to come before the Traffic and Transportation Commission, Chair Pincher adjourned the meeting at 8:24 p.m. Respectfully, i David iu, Secretary Attest: Et ` 7 Chair Liana Pincher Agenda No. 6.4.3 CITY OF DIAMOND BAR MINUTES OF THE TRAFFIC AND TRANSPORTATION COMMISSION MEETING NOVEMBER 10, 2005 CALL TO ORDER: Chair Pincher called the meeting to order at 7:06 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 Mok led the Pledge of Allegiance. ROLL CALL: Present: Chair Pincher, Vice -Chair Shah and Commissioners Mok and Shay. Commissioner Virginkar was excused. 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. Minutes of September 8, 2005 -- Continued to December 8, 2005. B. Minutes of October 13, 2005. VC/Shah moved, C/Shay seconded to approve the minutes of the October 13, 2005 minutes. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Mok, Shay, VC/Shah, Chair/Pincher NOES COMMISSIONERS: None ABSENT: COMMISSIONERS: Virginkar II. PUBLIC COMMENTS: None Offered. Ill. CONSENT CALENDAR: None IV. ITEMS FROM STAFF A. Traffic Enforcement Update - Received and filed on the following items: 1. Citations: October 2005 2. Collisions: October 2005 3. Future Deployment of the Radar Trailer NOVEMBER 10, 2005 PAGE 2 T&T COMMISSION V. OLD BUSINESS: None VI. NEW BUSINESS: None VII. STATUS OF PREVIOUS ACTION ITEMS None Vlll. ITEMS FROM COMMISSIONERS C/Shay said he had received complaints about the potholes on Grand Avenue near the Target project. PWD/Liu responded that day-to-day maintenance is on an as - needed basis during the project. The re -paving is scheduled for next month and in the meantime with so many utility companies in the vicinity the city fills in pothole, as conditions allowed. C/Mok thanked PWD/Liu's department and especially SAA/Chan for responding to his questions about Stop sign warrants earlier this week. Chair/Pincher commented that for some people it has become a right to drive rather than a privilege to drive. About three years ago, staff discussed the red light cameras for enforcement and felt it would be a good idea to resurrect the discussion for consideration. IX. INFORMATIONAL ITEMS A. Caltrans 57/60 f=reeway Construction Project SMA/Gomez reported that the project was moving forward. Work continues on the HOV lanes with raised pillars for the over lanes. The contractor has begun grading on the westbound on ramp at Brea Canyon Road and continues to work on the sound wall. C/Mok asked about the timetable for the sound wall along the SR57 and PWD/Liu responded that according to Caltrans the sound wall should be completed within the next six months. B. Grand Avenue Improvements Project -- Phases I&II SMA/Gomez reported that the utilities are being installed and relocated along Grand Avenue. Next week construction begins on the new Target entry signal on Golden Springs Drive just south of Grand Avenue. C/Shah was concerned about the proximity of the new signal to the signal at Golden Springs Drive and Grand Avenue. SMA/Gomez assured C/Shah that the traffic engineers would coordinate the signals. C/Shah said he was most concerned about the westbound Grand Avenue location of the two left -turn pockets to get onto Golden Springs Drive because traffic was already backing up in the mornings and if the next left turn pocket on Golden Springs Drive into the center backs up that would have a significant impact on the intersection. NOVEMBER 10, 2005 PAGE 3 T&T COMMISSION SMA/Gomez further reported that Phase I is under construction. Phase II extends from no name street east to Rolling Knoll Road with two new signals installed at Grand Avenue at Cahill Place and one at Grand Avenue and Cleghorn Drive. In addition, modifications will be made to the current signals at Grand Avenue and Diamond Bar Boulevard. Phase III is under design and anticipated to commence construction in summer 2006. C. Traffic Signal Modifications and Installations Project SMA/Gomez reported that five intersections were involved: On October 13 the traffic signal at Pathfinder Road and Peaceful Hills Road was energized; on October 24 the traffic signal left -turn modifications at Diamond Bar Boulevard at Sunset Crossing Road and at the northbound SR 57 were energized. Staff has received positive feedback from the Sheriff's Department. Currently, the contractor is working on signals at Diamond Bar Boulevard at Maple Hill Road and protected left turns at Diamond Bar Boulevard and Cold Spring Lane. In addition, interconnect is being installed on Pathfinder Road between Peaceful Hills Road and at Brea Canyon Road. D. CDBG Sidewalk Project (Diamond Bar Boulevard from Solitaire Street to Park & Ride). AE/Molina reported that last week staff met with the contractor and the Notice to Proceed date will be December 5. Completion is anticipated within 60 days. E. Target/Brookfield Homes Project AE/Molina explained that Target was moving forward with their project and beginning to construct the keystone retaining wall on the hillside that separates the upper pad (Brookfield Homes) and lower pad (Target). The high walls will eventually be obscured by Target. F. Industry's Grand Avenue Bridge Widening/interchange Project SMA/Gomez spoke about the commercial project being built over a number of years and as a result of the increased traffic, the Grand Avenue bridge over the SR60 and SR57 will be widened. Caltrans has also required a 2030 traffic projection study that may require further expansion. G. Lemon Avenue/On and Off Ramps Project SMA/Gomez stated that a strategy meeting would be held on November 17. The primary agencies involved with this project are the City of Diamond Bar, Industry, Caltrans and the consultant hired to develop the project plans. H. Walnut Drive Street Rehabilitation Project NOVEMBER 10, 2005 PAGE 4 T&T COMMISSION J. 195 SMA/Gomez reported that this project began on October 31 and was expected to conclude the middle of December. Prospectors Road Street Rehabilitation Project SMA/Gomez stated that 13 RFP's were sent to consultants for design of this project. NTMP Pilot Project Update SMA/Gomez explained that staff met with the design engineers last week and expects to receive the turnaround rough plans and specifications draft within six weeks. Gentle Springs Lane Reconstruction AE/Molina stated that staff typically receives numerous calls inquiring about the condition of Gentle Springs Lane. However, Gentle Springs Lane is a private street owned by adjacent businesses. As a condition of the impending parcel map, the City required the owner of the Best Western and Scribbles to reconstruct their portion of Gentle Springs. C/Mok asked what options the City had for requiring repairto the remainder of Gentle Springs Lane and PWD/Liu responded that the City's option was to declare the area a public nuisance. AE/Molina responded that should any of the owners approach the City to make improvements on their parcels the City could at that time condition the project for improvement of their portions of the roadway. X. SCHEDULE OF FUTURE CITY EVENTS: As listed in the Agenda. NOVEMBER 10, 2005 PAGE 5 T&T COMMISSION ADJOURNMENT: There being no further business to come before the Traffic and Transportation Commission, Chairman Pincher adjourned the meeting at 8:09 p.m. Respectfully, David G6du' Secretary Attest: Chair Lana Pincher CITY COUNCIL Agenda # 65— Meeting 5Meeting Date: February 7, 2006 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager ' J TITLE: Ratification of Check Register datedaJ nuary 13, 2006 through February 2, 2006 RECOMMENDATION: Ratify Check Register containing checks dated January 13, 2006 through February 2, 2006 totaling $984,612.33. FINANCIAL IMPACT: Expenditure of $984,612.33 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 January 13, 2006 through February 2, 2006 for $984,612.33 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: �(Finance' D# ecto07 r Assistant City Manager Attachments: Affidavit and Check Register —1113106 through 212106 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 January 13, 2006 through February 2, 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 $604,988.84 011 Community Org Support Fund $788.00 112 Prop A - Transit Fund 33,064.61 115 Int. Waste Mgt Fund 18,955.80 118 AB2766 - AQMD Fund 1,177.34 125 CDBG Fund 14,973.23 138 LLAD #38 Fund 20,797.46 139 LLAD #39 Fund 15,429.65 141 LLAD #41 Fund 7,530.33 250 Capital Improvement Project Fund 259,998.07 510 Self Insurance Fund 6,909.00 $984,612.33 Signed: Lin6a G. Magn sa Finance Director I H o 0 ooLHIOmLDmLommr M ooao0 0000 0 0 0 0 o d 000 0000 O O r -i d'rmrmrmNO d' 00000 0000 O O O o O Io C) C) OLf) O Lf, O O tp Cl M N L+1 N f() N M M d� O l!1 In o 0 M Ltl Ef) fY) m O O Lf) 0 r 0 0 0 M to Ln dl -! r -I H s -i r -i si Lr) r N r CO 00 Ln N r Ln CO r -i W Le) W d' O m 0',V r O N 0 f! 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G1 U) Cl) �l - 1 aaaaa ,�aa a as a w � aaaaa a,aa a as z � W GSW W w W W FZ� Ul P4 W U i C4P�f4 fly �wwww wwr w ww E W E" '�' 3 aaaa(f) Lf) aa a a� � N I Ml�i�lq,a aaa .-1 �l� H N ro K9 lD �o vO uD to lD to �o �-o w lD LD uL'o C] 0000 O CD (D O 00 O O W N(VNNN NNN N NN N N iJ 'F7 00000 400 O OO 4 0 m N N N N N N N N N N N N N I in H ob000 000 Q 60 O O U Id O H J 1 OD W Z C7 H H q I �74 M rl M M M r) M M M M (*1 rT M E-1 a 0 <v r 'r � d, IV lz�l aP IT 14+ Z$l W H .H �e m 0) 0-) m CY) 01 01 01 Ol 01 0) m O� O CPN EiP� O U LOW kolO�o QQ I'D 10 lO �o �n \D %0 o m a W Q x U E E -I 4o q qo i OH HE B u U V x U U KC] U w w w .. .. (} 00000 aµ 0©4�7 0 o 00a CD c, o o o O 0 W W Ei x WO 1:1V x U} ooaoo -i H r-1 H r-1 H 000F4 .i c-1 ri E-, r I H r -i Fi I H Ea E E OQQ00-iH C3 CD Hop n CD n 0 w U H �A H EOi CITY COUNCIL TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manageaum,1 TITLE: Treasurer's Statement — December 2005 RECOMMENDATION: Approve the December 2005, Treasurer's Statement. FINANCIAL IMPACT: No Fiscal Impact BACKGROUND: Agenda # 6.6 Meeting Date: Feb. 7, 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 preliminary 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 `_ . VA -Or r ---) Depart ri Head Attachments: Treasurer's Statement, Investment Portfolio Report I 1?v Deputy"titI, WaGger CITY OF DIAMOND BAR TREASURER'S MONTHLY CASH STATEMENT December 31, 2005 Y BEGINNING: TRANSFERS ENb . BALANCE : ;RECEIPTS DISBURSEMENTS IN OUT : BALANCE GENERAL FUND $25,710,312.22 $1,694,286.94 $1,519,672.86 ($538,741.20) $25,346,185.10 LIBRARY SERVICES FUND 0.00 0.00 (3,339.68) COMMUNITY ORG SUPPORT FD GAS TAX FUND (3,339.68) 870,247.03 172,475.08 (330,990.40) 711,731.71 TRANSIT TX(PROPA) FD 1,114,018.36 23,664.98 20,575.82 1,117,107.52 TRANSIT TX (PROP C) FD 1,484,870.14 (471,544.61) 1,013,325.53 ISTEA Fund INTEGRATED WASTE MGT FD 0.00 555,005.94 4,032.00 19,826.48 0.00 539,211.46 AB2928-TR CONGESTION RELIEF FD 74,336.99 74,336.99 AIR QUALITY IMPRVMNT FD 73,457.57 17,931.09 2,861.60 88,527.06 (2,016.41) PROP A - SAFE PARKS ACT FUND (2,016.41) 1,915,147.61 PARK & FACILITIES DEVEL. FD COM DEV BLOCK GRANT FD 1,915,147.61 (28,391.99) 30,721.00 6,534.39 (76,811.00) (81,016.38) CITIZENS OPT -PUBLIC SAFETY FD 302,724.80 351.95 302,372.85 322,344.35 NARCOTICS ASSET SEIZURE FD 322,344.35 72,953.14 CA LAW ENFORCEMENT EQUIP PRG LANDSCAPE DIST #38 FD 72,953.14 347,103.95 102,363.24 25,162.00 (494,455.46) (70,150.27) LANDSCAPE DIST #39 FD 151,117.30 65,001.76 333,341.63 48,697.18 18,067.20 11,904.36 (36,493.06) (165,172.52) 161,558.80 204,961.93 LANDSCAPE DIST #41 FD 0.00 GRAND AV CONST FUND CAP IMPROVEMENT PRJ FD 0.00 (3,053,080.95) 268,810.51 2,114,208.25 (1,207,683.21) SELF INSURANCE FUND 1,360,272.09 34,916.38 1,360,272.09 139,949.31 EQUIPMENT REPLACEMENT FUND 174,865.69 31,684.09 COMPUTER REPLACEMENT FUND PUBLIC FINANCING AUTHORITY FUN 31,684.09 253,999.55 61,490.65 39,809.19 275,681.01 TOTALS $32,060,973.42 $2,220,663.92 $1,968,492.74 $0.00 $32,313,144.60 SUMMARY OF CASH: DEMAND DEPOSITS: GENERAL ACCOUNT ($195,494.29) PAYROLL ACCOUNT 10,691.23 CHANGE FUND 250.00 PETTY CASH ACCOUNT 500.00 TOTAL DEMAND DEPOSITS ($184,053.06) INVESTMENTS: US TREASURY Money Market Acct. $1,648,136.68 LOCAL AGENCY INVESTMENT FD 25,573,379.97 FED HOME LOAN BANK NOTE - 1.0 yr 1,000,000.00 FED HOME LOAN BANK NOTE - 1.5 yr 1,000,000.00 FED HOME LOAN BANK NOTE - 2.0 yr 1,000,000.00 FED FARM CREDIT NOTE - 2.5 yr 1,000,000.00 FED HOME LOAN BANK NOTE - 1.5 yr 1,000,000.00 CASH WITH FISCAL AGENT: US TREASURY Money Market Account LOCAL AGENCY INVESTMENT FD (Bond Proceeds Account) 122,428.74 153,252.27 TOTAL INVESTMENTS 32,497,197.66 TOTAL CASH $32,313,144.60 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 estimated expenditures, is Linda C, Lowry, Treasurer Cl) M r N � V• to NC-� o 0 o o O o O o O a� co C o 0 0 oo O000a C U c � ❑ O N Iq U') M � O q)Ln i O N ;m 000 (NUJ €17 N w - O U Q3 co m Cl) co t v d tY W p o o a o 0 9 0 0 CO O 0 0 0 0 0 0 0 000 M . LCJ N N O lUn M C7 to CJ �' �• d' tl' V C7LO c) 007 0 } Cq N m Ln N Ln '� U co W C � C 000 N0 CO q C? M E!f CD LO C4 00 O L T d' Cfl Lf') C7 P- 00 M rh ¢ 00C M co M C`') CO o r r 00 0 0 0 0 LO q c00 N d• d� Z 04 C) -r I N CD.X Gi u 1 [0!] Il cc7 N L N 0) G) Ci6 > Ln CSO r r 007 m C Lo r N F- b 0 - c00 ti N 0 0 0 0 N � CO N LO q O 0 CD 0O 0 ('L 7 0 M r Cl 0 0 0 0 0 0•„ LUC%j O L) M 00 N m O O 0 O C7 Qo E+ I` Nr N Ln Ln (C S T O O C] 0 0 0 0 C C C O S ¢ Q N r r r T r r a N 0 O O O ti CD m C> Lo U) A r O (O It a � omoC U)O ° I' TLyT 0 G '�"' V O O O O Z O [D N N N N O iLl t6 ❑ W, 07d' Q7 co u'> cNo 0 0 0 0 0 U tf! E9 0 Ln Ln d4 0Ln O O OO O y_ �i3 0 Q C-3 r- �+1 U (0 N N N N OO Z � ❑ rn Orn 0) O O r 0 0 a a� a� Y � m c 2 2 c o 0 o o o z z z? z O LLc LL m m 0 c o (1) a) Q) (V O 0 C 0 O O C N N� 2 Y T LL. -0 o v v - o '0o D M IL LL LL U. LL N C C N .N-- '(V W Q CD Q U U U U U cg ax UJ C!y fn Lb wwwwo C C C G C �O CO LL. LL. 040 C C m m 2) 2) O C) f9 c0 _ O LL CO LL. LL. LL L1.. €.L O D 5 7 7 Cl) M NC-� CST O a� co C o 0 O E N 5 E cai w � a� C U c � ❑ O N 0N +n o F aD N i O q)Ln i O N rn T L cu N U Q w - O U Q3 W (0 O Ln E!f 00 00 rh O Il o r LO d• d� N N CNS] Cl) (a 64 Qo O O O r O m 0 O O ti G)CQ T r Lf) O (O It V V W- 6 t W, cN•J cNo E9 d4 m LO O Ln Ln Ln a o 0 0 0 rn o 00 t` M N N N N O c� O N_ O T N N N N N tU N (0 [6 t6 U U U U U N M It NC-� CST O a� co C o 0 O E N 5 E cai w � a� C U c � ❑ O N 0N +n o F aD N i O q)Ln i O N m[L CO L6 0 0 CV L cu N U Q w - O U Q3 LO O Ln Ln Ln a o 0 0 0 rn o 00 t` M N N N N O c� O N_ O T N N N N N tU N (0 [6 t6 U U U U U N M It Agenda # 6.7 Meeting Date: Febryag 7 2004 CITY COUNCIL � ;� AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager PWW TITLE: Authorize increase in contract with GovIS, LLC to a total amount of $30,000, for work on the Transit Pass System and appropriate an additional $15,000 from Prop A (Transportation Funds) for development of online transit pass software Recommendation. It is recommended that the City Council approve a $15,000 contract increase with GovIS, LLC for a total contract cost of $30,000, and appropriate $15,000 from Prop. A. Budget/Financial Impact: MTA has approved the additional expenditure of funds on this project. There is approximately $800,000 in reserved Prop A -- Transportation Funds available for this program. Discussion: Transit Pass System (TPS) is a Software application that allows the City to sell transit passes online through its website The software was not commercially available and after working with staff to define the original scope of work, and after bids where solicited, we hired a Software programming firm (Taylor Murphy ITJM Consulting) to write this application. Originally the software development contract was for $15,000 based on our original scope of work. TJM consulting was unable to meet their obligations and the City deadlines so GovIS, LLC was subsequently hired to continue the application development. At that time there was $9,360 available from the original appropriation. These funds were used to complete the initial development of the application. During the application development period, we enhanced the scope of work and reporting requirements which required additional work by GovIS, LLC. Also, even though the system went live in December 2005, we need additional work on the interface to the credit card processor, general debugging and documentation. This additional work exceeds our original scope, however it is necessary to fully implement the system. Also, due to the timeline to launch the application some of this work has already been completed. However, there are not sufficient funds appropriated for this portion of the program. The additional $15,000 is sufficient funds to complete this project. PREPARED BY Ken Desforges, Director Information Systems 2 REVIEWED BY rNT)- David Doyle, Assist of City Hager Agenda 4 6.8 Meeting Date: Febi-itaty 7, 2006 CITY COUNCIL '�� �AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Managea TITLE: EXONERATION OF CASH DEPOSIT (ACCOUNT NO. 0010039707) IN THE AMOUNT OF $2,520.00 POSTED BY MR. JOHN GASPARIAN TO COMPLETE GRADING ACTIVITIES FOR A TENNIS COURT LOCATED AT 2112 INDIAN CREEK RECOMMENDATION: Approve the exoneration and direct the City Clerk to notify the Property Owner, Mr. Gasparian, and the Financial Institution, Banco Popular, North America, of this action. FINANCIAL IMPACT: This action has no financial impact on the City. BACKGROUND: In accordance with Section 22.66.040 with the City Municipal Development Code, the City entered into agreement with the property owner, Mr. John Gasparian, to complete grading improvements for a tennis court at the property located at 2112 Indian Creek. Mr. Gasparian guaranteed faithful performance of said agreement by posting with the City a Personal Cash Deposit in lieu of a Grading Bond for grading improvements. DISCUSSION: Upon receiving a verbal request from Mr. Gasparian in November of 2005, the Planning and Building & Safety Division as well as the Public Works/Engineering Department have verified completion of all conditions for the construction of the Tennis Court_ Additionally, the City has confirmed that grading improvements as well as construction of the Tennis Court have been completed at 2112 Indian Creek. A written request for the release of the cash deposit was submitted by Mr. Gasparian on February 1, 2006 (Attached). The following Personal CD is recommended for exoneration: Personal Cash Deposit with Banco Popular in Account No. 0010039707 in the amount of $2,520.00 plus applicable interest. PREPARED BY; Kimberly Molina, Assistant Engineer Date Prepared: February 1, 2006 REVIEWED BY: Davi G. Liu, Director of Public Works Attachments: LETTER OF REQUEST, DATED FEBRUARY 1, 2006 AGREEMENT AND CONSENT OF FINANCIAL INSTITUTION CERTIFICATE OF DEPOSIT 2 ,02/01/2006 15:34 8185488e14 John Gosparian ChOrman Phnne:3231.24,5,5133 818/ 48-8,5' 14 C7 (7 AMERICAN RECLAMATION m4 - 4560 Doran strect Lo,q Angele.q, C0101'11i4 900.39-7006 ;—// //o 45' PAGE 02/02 'FROM : NEWCASTLE FAX NO. Apr. 15 1999 12:47PN P2 CARS DEPOSIT IN LIEU Qp GRADING BOND (FAITHFUL pERFORMANCE, LABOR & MATERIAL) ACICNOWLEDOPMENT AND CONSENT OF FINANCYAL INSTITUTION (hereinafter "Financial Institution") hereby acknowledges that (hereinafter "Depositor") has deposited with Financial Institution the sum of Financial Institution acknowledges and agrees that the foregoing deposit stands in the name of the City of Diamond Har, a California municipal corporation (hereinafter the -"City"), and that the City is the owner of such account. No funds shall be withdrawn from said account without the express, written consent of the City; provided, however, that any interest earned on the deposit shall belong to the Depogitor. Financial Institution further -acknowledges and agrees that upon written instructions' from the City, Financial Institution shall immediately pay to the City suoh amount (not exceeding, In the aggregate, the sum specified above) as may be requested by city, Financial Institution further acknowledges and agrees that such funds shall be paid to the City notwithstanding any contrary i.,natructions that may have been given by the Depositor, Financial. Institution represents to City and warrants that the entire 4mount of the principle on deposit, as provided herein is insured through the Federal Deposit Insurance Corporation (FDIC) or the Federal savings and Loan Insurance Corporation (FSLIC). WHEREFORE, this acknowledgement and consent is executed this day of 19 �9 . FINANCIAL INSTITUTION: r C� d�•9f �I?-�* �i+v7 L c� By: F;/WP51/WORK/IEBE A/FORMSLO/C-GRADTN.BND. CD * o oN ;ate 'o. M w a N Al LL N o m m K KCL) v 3 0 }c y a, m 'ca .� * }c U) mmE m N v } o * Q O ion c7 o � d1 •1t J `o uc� � 4c > 3 m° c c 7 K is - n m rn Ev m ash mE n c Ca Co >v�wamE m"I -K i C ron y E aZo do F- N U.I cc u u� o m uCL Vr- tl.l w ra 6� y�ldO C_ >E O L) m U - -r -Y w O _ m o `°*�w•- m m v a PL U. E m m c Fl �_ o w E2 p � 2 ✓J � O �tll Q m W v CL c o u a Q E y r a u � J'O m •�• � f;i m �i � ILII •-U— UNC ca°'tea m 4 c .D N fa7 Q — c L 'r F 01 p� u d E N v r en a LL�v5E5, 'yam' ul 0— N F- U1 z 49 =a O �k a a w W4U �w Z� CUM) H03H3 of 0 narens ION llSOd3a Jo 3MIJUH30 CITY COUNCIL Agenda ## 6. 9 Meeting Date: I ehi-nmy 7, 2006 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager TITLE: AWARD OF DESIGN AND CONSTRIION ADMINISTRATION SERVICES FOR AREA 2 SLURRY SEAL AND ASPHALT RUBBER AND AGGREGATE MEMBRANE (ARAM) PROJECT TO NORRIS- REPKE IN THE AMOUNT OF $55,960.00 AND AUTHORIZE A CONTINGENCY AMOUNT OF $6,000.00 FOR CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER FOR A TOTAL AUTHORIZATION AMOUNT OF $61,960.00. RECOMMENDATION: Award. FINANCIAL IMPACT: The FY 2005-2006 Budget allocated a total of $600,000.00 for the Area 2 Slurry Seal and Asphalt Rubber and Aggregate Membrane (ARAM) Project. BACKGROUND: On December 21, 2005, seven (7) proposals were received. These proposals were reviewed and evaluated based on 1) general responsiveness to the City's request for proposal (RFP), 2) staff and firm qualifications, 3) approach/methodology, 4) hours and level of effort, 5) ability to meet the City's schedule and expectations, and 6) references. The following are the seven (7) firms that submitted proposals with their proposed fees: Consultant Design Construction Administration Total DMS $19,860.00 $27,205.00 $47,065.00 Norris-Repke $14,500.00 $41,160.00 $55,960.00 GK & Associates $37,340.00 $25,150.00 $62,490.00 Wheeler $50,233.00 $27,020.00 $77,253.00 AAE $41,434.00 $37,112.00 $78,546.00 NBCE $59,580.00 $24,750.00 $84,330.00 Arroyo $68,000.00 $25,865.00 $93,865.00 DISCUSSION: In April of 2004, the City updated its pavement management program for the residential streets from a five-year program to a seven-year program in an effort to reduce General Fund expenditures on the City's slurry seal program, and to ensure that the City receives maximum return on street rehabilitation expenditures. With the change in the slurry seal program from a five-year to a seven-year program, the City's slurry seal area boundaries were redrawn (See Exhibit "D"). Area 1 of this new slurry seal program was completed in September 2005. This will be the second area of the new 7 -year program. The centerline mileage of Area 2 is 15.8 miles. In consideration of the six criteria mentioned above, staff concurred that the best firm for this project is Norris-Repke. Norris-Repke was selected over the lowest bidder because they demonstrated the importance of public relations with the community and best understood the City's needs and expectations. Attached is the firm's scope of services (Exhibit "A"), fee schedules (Exhibits `B" and "C"), and Consulting Services Agreement. The project schedule is tentatively set as follows: Award of Contract Notice to Proceed with Design Approval of Plans and Specifications/ Authorize Advertisement Bid Opening Award of Construction Contract of Notice to Proceed with Construction Completion of Construction PREPARED BY: Kimberly Molina, Assistant Engineer REVIEWED BY: Da ju, Director of Public Warks Attachments: Exhibit A Exhibit B Exhibit C Exhibit D Consulting Services Agreement 2 February 7, 2006 February 20, 2006 April 11, 2006 May 2, 2006 May 16, 2006 May 29, 2006 August 4, 2006 Date Prepared: January 31, 2006 CONSULTING SERVICES AGREEMENT THIS AGREEMENT is made as of February 7 2006 by and between the City of Diamond Bar, a municipal corporation ("City") and Norris-Repke , ("Consultant"). RECITALS A. City desires to utilize the services of Consultant as an independent contractor to provide consulting services to City as set forth in Exhibit "A", the City's Request for Proposals dated December 1, 2005. B. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: 1. Consultant's Services. A. Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit "B" the Consultant's Response, dated December 21, 2005 to the City's Request for Proposals. B. Level of Services/Time of Performance. The level of and time of the specific services to be performed by Consultant are as set forth in Exhibit "B." 2. Term of Agreement. This Contract shall take effect February 14 2006, unless earlier terminated pursuant to the provisions herein. 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the schedule set forth in Exhibit "B". Payment will be made only after submission of proper invoices in the form specified by City. 4. General Terms and Conditions. In the event of any inconsistency between the provisions of this Agreement and Consultant's proposal, the provisions of this Agreement shall control. 5. Addresses. City: Linda C. Lowry, City Manager Consultant City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765-4178 3 Kamran Saber, P.E Norris-Repke 400 N. Tustin Ave., Suite 230 Santa Ana, CA 92705 714-973-2230 Ext. 112 714973-2263 FAX 6. Status as Independent Consultant. A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. 7. Standard of Performance. Consultant shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions. 8. Indemnification. Consultant agrees to indemnify the City, its officers, agents, volunteers, employees, and attorneys against, and will hold and save them and each of them harmless from, and all actions, claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of the acts, errors or omissions of Consultant, its agents, employees, subcontractors, or invitees, including each person or entity responsible for the provision of services hereunder. In the event there is more than one person or entity named in the Agreement as a Consultant, then all obligations, liabilities, covenants and conditions under this Section 8 shall be joint and several. 9. Insurance. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company admitted to do business in California and approved by the City (1) a policy or policies of broad -form comprehensive general liability insurance with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of 0 wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00; (3) automotive liability insurance, with minimum combined single limits coverage of $500,000.00; (4) professional liability insurance (errors and omissions) to cover or partially cover damages that may be the result of errors, omissions, or negligent acts of Consultant, in an amount of not less than $1,000,000 per occurrence; and (5) worker's compensation insurance with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. City, its officers, employees, attorneys, and volunteers shall be named as additional insureds on the policy(ies) as to comprehensive general liability, property damage, and automotive liability. The policy(ies) as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. A. All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage. B. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement; shall be issued by an insurance company which is admitted to do business in the State of California or which is approved in writing by the City; and shall be placed with a current A.M. Best's rating of no less that A VII. C. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (2) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less that one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement", or a substantially similar form which the City has agreed in writing to accept. 10. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Consultant prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Consultant's prior written consent, use the same for other unrelated projects. 11. Ownership of Materials. All materials provided by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. E 12. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, director or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 13. Termination. Either party may terminate this Agreement with or without cause upon fifteen (15) days' written notice to the other party. However, Consultant shall not terminate this Agreement during the provision of services on a particular project. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services. 14. Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City's premises. 15. Non -Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard 6 to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 16. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 17. Performance Evaluation. For any contract in effect for twelve months or longer, a written annual administrative performance evaluation shall be required within ninety (90) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement. The work product required by this Agreement shall be utilized as the basis for review, and any comments or complaints received by City during the review period, either orally or in writing, shall be considered. City shall meet with Consultant prior to preparing the written report. If any noncompliance with the Agreement is found, City may direct Consultant to correct the inadequacies, or, in the alternative, may terminate this Agreement as provided herein. 18. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 19. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 20. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 21, Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. 7 22. Governing Law. This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. 23. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 24. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk. 25. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. "City" ATTEST- : Lynda C. Lowry, City Clerk Approved as to form: By: City Attorney "CONSULTANT" By: Its: CITY OF DIAMOND BAR in 8 Carol Herrera, Mayor CITY COUNCIL Agenda 9 6.10 Meeting Date: February 7, 2006 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager TITLE: AWARD OF DESIGN SERVICES CONTRACT TO KIMLEY-HORN AND ASSOCIATES, INC.FOR PROSPECTORS ROAD STREET REHABILITATION PROJECT FROM SUNSET CROSSING ROAD TO GOLDEN SPRINGS DRIVE IN THE AMOUNT OF $46,438, PLUS A CONTINGENCY AMOUNT OF $3,562 FOR A TOTAL AUTHORIZATION OF $50,000. RECOMMENDATION: Award contract. FINANCIAL IMPACT: The FY 2005-2006 budget has allocated $50,000 for design of the street improvements for Prospectors Road. BACKGROUND/DISCUSSION: Prospectors Road is a residential collector between Golden Springs Drive and Sunset Crossing Road. There are several pavement areas that have been experiencing distress and pavement fluctuations. Speeding is also an issue along this road and has been a subject of discussion at several Traffic and Transportation Commission meetings. Most recently, the City's Neighborhood Traffic Management Program (NTMP) has designated Prospectors Road as part of the pilot project to install traffic calming measures along the length of the street. A consultant will be required to incorporate the NTMP traffic calming measures into the street rehabilitation design plan and specifications. A consultant will also be required to obtain pavement analysis for further rehabilitation recommendations along Prospectors Road. In November 2005, the City released the Request for Proposals. Ten (10) engineering consulting firms submitted proposals on November 29, 2005. GK & Associates $37,500 Kimley-Horn $46,438 NBCE $49,770 AAE Incorporated $49,922 APA Engineering $58,670 Arroyo Engineering $59,468 Dewan Lundin $59,491 Wheeler & Gray $91,005 Hall & Foreman $92,670 Katz-Okitsu $149,900 The proposals were reviewed and evaluated by the selection committee and four (4) consultants were chosen to be interviewed. Kimley-Horn was selected over the lowest bidder because they best understood the City's needs and were the most qualified due to their design approach, public relations with the community, and knowledge of local conditions. Kimley-Horn's scope of work includes: • Collect and review all existing information pertaining to this project, including available improvements and utility plans • Pavement and concrete structure analysis • Conduct a utility search and secure necessary right-of-way and/or permits from the utility companies • Survey project boundaries • Prepare project plans • Prepare project specifications and cost estimates • Include NTMP traffic calming measures The tentative schedule of this project is as follows: Plans, Specifications and Estimate Complete Construction Contract Award Construction Completion PREPARED BY: Sharon Gomez, Senior Management Analyst REVIEWED BY---- Davi. Liu', Director of Public Works Attachments: Aerial Map Consulting Services Agreement Scope of Work/Services 2 April 2006 July 2006 October 2006 ���j�,',�.,,a�rr.?}t- {n, - --'—..1++15:" _ +y R�• ' yr' ;,�`` , .fit,. � I � � y� ,� ;'4 f -{� a` •��i - F 7 y✓,' b:- 31 r 1. 1}�'! I,Ed i `�—r'-rz.�,r, s' s c r Ij cca'. V1 ) 7 r r r in c f•IT J _ 4 1 'R -.I L. ■_- 1 L -'.L.. S 9 l pr f 1 +` h � � � '�:� ' JIB , ! `�' ' � .- �' 1 � ,}�, M1 ,,�;. -M � 'i •1, �� J" _}��. •i •- I .p. .' �} _.M. { . �.,. � a yy�� � r, •dF' id I r ��.0 I' 1• �' a JM c w la' ' it r , it • .1 � >a - ��;, . � ,� �' Ir C• _+• .ew '. I '- I%q �, 404 d � u_'�.�-�_ .e..JAk 1�'__ .. Jrr- � r��.�--�'-- � - 'S � c. y •ti � � yygY�� _. , ��t . �I b, �+ -�J 1 �r : I -�•. lyp I� I1�3 � ��;,�•1 ''(/�, +' �+ � ' 64 ''� �'4 �1.. .i �d1-l�.al'L 1�+1 ��. 4I�1� ��'ppr � i •'a r'� Y -1._'f _�_L SLY i.- .rL--.A ..,.ir l_._i_ _ '• y'�'' .l - CONSULTING SERVICES AGREEMENT THIS AGREEMENT is made as of February 7, 2006 by and between the City of Diamond Bar, a municipal corporation ("City") and Kimle -Horn and Associates Inc., ("Consultant"). RECITALS A. City desires to utilize the services of Consultant as an independent contractor to provide consulting services to City as set forth in Exhibit "A", the City's Request for Proposals dated November 2, 2005. B. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: 1. Consultant's Services. A. Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit "B", attached hereto and incorporate herein by this reference. B. Level of Services/Time of Performance. The level of and time of the specific services to be performed by Consultant are as set forth in Exhibit "B." 2. Term of Agreement. This Agreement shall take effect February 7, 2006, and shall continue unless earlier terminated pursuant to the provisions herein. 3. Compensation. City agrees to compensate Consultant for each service Consultant performs to the satisfaction of City in such amounts as are set forth in Exhibit "B". Payment will be made only after submission of proper invoices in the form specified by City. Total payment to Consultant pursuant to this Agreement shall not exceed Fifty thousand dollars ($50,000.00) absent a written amendment to this Agreement. 4. General Terms and Conditions. In the event of any inconsistency between the provisions of this Agreement and Consultant's proposal, the provisions of this Agreement shall control. 1 5. Addresses. City: City Manager City of Diamond Bar 21825 East Copley Drive Diamond Bar, CA 91765 6. Status as Independent Consultant. Consultant: Kimley-Horn and Associates, Inc. 2100 W. Orangewood Ave. Suite 140 Orange, CA 92868 A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. 7. Standard of Performance. Consultant shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions. 8. Indemnification. Consultant agrees to indemnify the City, its officers, agents, volunteers, employees, and attorneys against, and will defend and hold and save them and each of them harmless from, and all actions, claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any 2 person, firm, entity, corporation, political subdivision or other organization arising out of the negligent or wrongful acts, errors or omissions of Consultant, its agents, employees, subcontractors, or invitees, including each person or entity responsible for the provision of services hereunder. In the event there is more than one person or entity named in the Agreement as a Consultant, then all obligations, liabilities, covenants and conditions under this Section 8 shall be joint and several. 9. Insurance. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company admitted to do business in California and approved by the City (1) a policy or policies of broad -form comprehensive general liability insurance with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00; (3) automotive liability insurance, with minimum combined single limits coverage of $500,000.00; (4) professional liability insurance (errors and omissions) to cover or partially cover damages that may be the result of errors, omissions, or negligent acts of Consultant, in an amount of not less than $1,000,000 per occurrence; and (5) worker's compensation insurance with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. City, its officers, employees, attorneys, and volunteers shall be named as additional insureds on the policy(ies) as to comprehensive general liability, property damage, and automotive liability. The policy (ies) as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. A. All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage. B. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement; shall be issued by an insurance company which is admitted to do business in the State of California or which is approved in writing by the City; and shall be placed with a current A.M. Best's rating of no less that A VI I. C. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (2) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less that one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement", or a substantially similar form which the City has agreed in writing to accept. 3 10. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Consultant prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Consultant's prior written consent, use the same for other unrelated projects. 11. Ownership of Materials. All materials provided by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. The City acknowledges the Consultant's design documents, including electronic files, as instruments of professional service. Nevertheless, the final design documents prepared under this Agreement shall become the property of the City upon completion of the services and payment in full of all monies due to the Consultant. The City shall not reuse or make any modifications to the design documents without the prior written authorization of the Consultant. The City agrees, to the fullest extent permitted by law, to indemnify and hold harmless the Consultant, its officers, directors, employees and subconsultants (collectively, Consultant) against any damages, liabilities or costs, including reasonable attorneys' fees and defense costs, arising from or allegedly arising from or in any way connected with the unauthorized reuse or modification of the design documents by the City or any person or entity that acquires or obtains the design documents from or through the Client without the written authorization of the Consultant. 12. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, director or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 1i 13. Termination. Either party may terminate this Agreement with or without cause upon fifteen (15) days' written notice to the other party. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services. 14. Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City's premises. 15. Non -Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 16. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 5 17. Performance Evaluation. For any contract in effect for twelve months or longer, a written annual administrative performance evaluation shall be required within ninety (90) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement. The work product required by this Agreement shall be utilized as the basis for review, and any comments or complaints received by City during the review period, either orally or in writing, shall be considered. City shall meet with Consultant prior to preparing the written report. If any noncompliance with the Agreement is found, City may direct Consultant to correct the inadequacies, or, in the alternative, may terminate this Agreement as provided herein. 18. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 19. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 20. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. 21. Governing Law. This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. 22. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 23. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk. 24. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. "City" ATTEST: An - Linda C. Lowry, City Clerk Approved as to form: By: City Attorney Kimley-Horn and Associates, Inc. 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'� AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager A-,I-Lkd TITLE: ADOPT RESOLUTION NO. 2006 -XX ORDERING THE CITY ENGINEER TO PREPARE AND TO FILE A REPORT RELATED TO MAINTENANCE OF PUBLIC IMPROVEMENTS IN THE CITY OF DIAMOND BAR ASSESSMENT DISTRICT NO. 38 AND ANY ASSESSMENT THEREON FOR FISCAL YEAR 2006-2007. RECOMMENDATION: Adopt. FINANCIAL IMPACT: The cost of the Assessment Engineering services needed for the three Assessment Districts totals $11,940 and is charged to each District proportionately; therefore, the cost for Assessment District No. 38 is $3,980. BACKGROUNDIDISCUSSION: The City has an annual program for the maintenance of landscaping as well as open space improvements, and intends to continue said program by special assessments upon lands divided into three Districts within the City. Funds must be provided to enable each District to continue their operation during the 2006-2007 Fiscal Year. Of the City's three Districts, District 38 encompasses the whole of the City and is illustrated on Exhibit "A-1" map. As part of this program update, the City must undergo a three step process. First, the City initiates the process by adopting resolutions ordering the City Engineer to prepare and file an engineer's report for each district. Second, the report is finalized and presented to the City Council who, in turn, adopts resolutions of intention that are set for a Public Hearing. Lastly, a Public Hearing is held at a City Council meeting where all three Assessment Districts are approved and confirmed, resulting in the adoption of a resolution confirming the levy of assessments. Throughout the entire process, all proceedings for the maintenance of public improvements will be pursuant to the provisions of the Landscape and Lighting Act of 1972 of Part 2 of Division 15 of the Streets and Highways Code of the State of California. PREPARED BY: Sharon Gomez, Senior Management Analyst REVIEWED -B-) David . Liu, Director of Public Works Attachment: Exhibit "A-1" Map Resolution No. 2006 -XX 2 RESOLUTION NO. 2006 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ORDERING THE CITY ENGINEER TO PREPARE AND TO FILE A REPORT RELATED TO MAINTENANCE OF PUBLIC IMPROVEMENTS IN THE CITY OF DIAMOND BAR ASSESSMENT DISTRICT NO. 38 AND ANY ASSESSMENT THEREON FOR FISCAL YEAR 2006-07 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) California Streets and Highways Code § 22622 provides that this Council shall adopt a resolution generally describing any proposed new improvements or substantial changes in existing improvements in such a district and ordering the City Engineer to prepare and file a report related to annual maintenance and assessment in such a district. (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 City Engineer hereby is ordered and directed to prepare an annual report as specified in California Streets and Highways Code §§ 22565, et seq., with respect to City of Diamond Bar Assessment District No. 38 for Fiscal Year 2006-07. 3. The City Clerk shall certify to the adoption of this Resolution. 1 PASSED, ADOPTED AND APPROVED this _ day of , 2006. Carol Herrera, Mayor I, LINDA C. LOWRY, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of Diamond Bar held on the day of , 2006, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Linda C. Lowry, City Clerk 2 Agenda # 6. 11 (b) Meeting Date: February 7, 2006 CITY COUNCIL r. r / AGENDA REPORT ' 1. L; TO: Honorable Mayor and Members of he City Council VIA: Linda C. Lowry, City Manager L,� TITLE: ADOPT RESOLUTION NO. 2006 -XX ORDERING THE CITY ENGINEER TO PREPARE AND TO FILE A REPORT RELATED TO MAINTENANCE OF PUBLIC IMPROVEMENTS IN THE CITY OF DIAMOND BAR ASSESSMENT DISTRICT NO. 39 AND ANY ASSESSMENT THEREON FOR FISCAL YEAR 2006-2007. RECOMMENDATION: Adopt. FINANCIAL IMPACT: The cost of the Assessment Engineering services needed for the three Assessment Districts totals $11,940 and is charged to each District proportionately; therefore, the cost for Assessment District No. 39 is $3,980. BACKGROUND/DISCUSSION: The City has an annual program for the maintenance of landscaping as well as open space improvements, and intends to continue said program by special assessments upon lands divided into three Districts within the City. Funds must be provided to enable each District to continue their operation during the 2006-2007 Fiscal Year. Of the City's three Districts, District 39 encompasses a specific part of the City as illustrated on Exhibit "A-2" map. As part of this program update, the City must undergo a three step process. First, the City initiates the process by adopting resolutions ordering the City Engineer to prepare and file an engineer's report for each district. Second, the report is finalized and presented to the City Council who, in turn, adopts resolutions of intention that are set for a Public Hearing. Lastly, a Public Hearing is held at a City Council meeting where all three Assessment Districts are approved and confirmed, resulting in the adoption of a resolution confirming the levy of assessments. Throughout the entire process, all proceedings for the maintenance of public improvements will be pursuant to the provisions of the Landscape and Lighting Act of 1972 of Part 2 of Division 15 of the Streets and Highways Code of the State of California. PREPARED BY: Sharon Gomez, Senior Management Analyst REVIEWED --BY: DiVO G& -fu, Director of Public Works Attachment: Exhibit "A-2" Map Resolution No. 2006 -XX 2 RESOLUTION NO. 2006 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ORDERING THE CITY ENGINEER TO PREPARE AND TO FILE A REPORT RELATED TO MAINTENANCE OF PUBLIC IMPROVEMENTS IN THE CITY OF DIAMOND BAR ASSESSMENT DISTRICT NO. 39 AND ANY ASSESSMENT THEREON FOR FISCAL YEAR 2006-07 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) California Streets and Highways Code § 22622 provides that this Council shall adopt a resolution generally describing any proposed new improvements or substantial changes in existing improvements in such a district and ordering the City Engineer to prepare and file a report related to annual maintenance and assessment in such a district. (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 City Engineer hereby is ordered and directed to prepare an annual report as specified in California Streets and Highways Code §§ 22565, et seq., with respect to City of Diamond Bar Assessment District No. 39 for Fiscal Year 2006-07. 3. The City Clerk shall certify to the adoption of this Resolution. 1 3. The City Clerk shall certify to the adoption of this Resolution. PASSED, ADOPTED AND APPROVED this _ day of , 2006. Carol Herrera, Mayor I, LINDA C. LOWRY, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of Diamond Bar held on the day of , 2006, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Linda C. Lowry, City Clerk 2 4 7w RTY W SWmLm 6N ow TOGO EXHIBIT "A-2" ASSESSMENT DIAGRAM ASSESSMENT DISTRICT N0.39 FISCAL YEAR 2006-07 for the CITY OF DIAMOND BAR SHEET I OF I SHEET f EACH LOT on 0AACE�, WOHNI THE AESESSOA'5 PA C L NUMBER A9 }$616NE0 n 1!E MULE5 A55ESSOA'B OFFICE. AtPM N5 FOA FACH LOT 0A rAwm OF l mo MT1 B11O•ni ON FAREB MAFS ON Fi M 4... .M1o9.EbCOLWTF AESEFBOIi. i OF THE C" CLEW OF SNE MY OF PiAMONO X AOMIM, WTATE OF CALWOWA. THIS m_ CiTY CLENK OF THE QTY OF DLAM010 EAR E OF TH4 COUNTY AMTOFL COUNTY OF W8 F CAUFOOMA, TMG DAY OF — 2O—. My CLEW OF SHE QTY DF aAMONO DAO GFH-FRIEDRICH & A&&OC. INC j CITY COUNCIL Agenda # 6 . 11 (c) Meeting Date: Februaa 7, 2006 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager,�,U, TITLE: ADOPT RESOLUTION 2006 -XX ORDERING THE CITY ENGINEER TO PREPARE AND TO FILE A REPORT RELATED TO MAINTENANCE OF PUBLIC IMPROVEMENTS IN THE CITY OF DIAMOND BAR ASSESSMENT DISTRICT NO. 41 AND ANY ASSESSMENT THEREON FOR FISCAL YEAR 2006-2007. RECOMMENDATION: Adopt. FINANCIAL IMPACT: The cost of the Assessment Engineering services needed for the three Assessment Districts totals $11,940 and is charged to each District proportionately; therefore, the cost for Assessment District No. 41 is $3,980. BACKGROUNDIDISCUSSION: The City has an annual program for the maintenance of landscaping as well as open space improvements, and intends to continue said program by special assessments upon lands divided into three Districts within the City. Funds must be provided to enable each District to continue their operation during the 20062007 Fiscal Year. Of the City's three Districts, District 41 encompasses a southwesterly part of the City as illustrated on Exhibit "A-3" map. As part of this program update, the City must undergo a three step process. First, the City initiates the process by adopting resolutions ordering the City Engineer to prepare and file an engineer's report for each district. Second, the report is finalized and presented to the City Council who, in turn, adopts resolutions of intention that are set for a Public Hearing. Lastly, a Public Hearing is held at a City Council meeting where all three Assessment Districts are approved and confirmed, resulting in the adoption of a resolution confirming the levy of assessments. Throughout the entire process, all proceedings for the maintenance of public improvements will be pursuant to the provisions of the Landscape and Lighting Act of 1972 of Part 2 of Division 15 of the Streets and Highways Code of the State of California. PREPARED BY: Sharon Gomez, Senior Management Analyst REVIEWED BY" ---'-' David G. &JDi `ctor of Public Works Attachment: Exhibit "A-3" Map Resolution No. 2006 -XX i►a RESOLUTION NO. 2006 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ORDERING THE CITY ENGINEER TO PREPARE AND TO FILE A REPORT RELATED TO MAINTENANCE OF PUBLIC IMPROVEMENTS IN THE CITY OF DIAMOND BAR ASSESSMENT DISTRICT NO. 41 AND ANY ASSESSMENT THEREON FOR FISCAL YEAR 2006-07 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) California Streets and Highways Code § 22622 provides that this Council shall adopt a resolution generally describing any proposed new improvements or substantial changes in existing improvements in such a district and ordering the City Engineer to prepare and file a report related to annual maintenance and assessment in such a district. (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 City Engineer hereby is ordered and directed to prepare an annual report as specified in California Streets and Highways Code §§ 22565, et seq., with respect to City of Diamond Bar Assessment District No. 41 for Fiscal Year 2006-07. 3. The City Clerk shall certify to the adoption of this Resolution. E 3. The City Clerk shall certify to the adoption of this Resolution. PASSED, ADOPTED AND APPROVED this _ day of , 2006. Carol Herrera, Mayor I, LINDA C. LOWRY, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of Diamond Bar held on the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Linda C. Lowry, City Clerk 2 day of , 2006, by the SHEET I OF I SHEET EXHIBIT "A-3" ASSESSMENT DIAGRAM ASSESSMENT DISTRICT NO .41 FISCAL YEAR 2006-07 for the CITY OF DIAMOND BAR J _ L. FEED M THE OEiTCG OF THE COY CLM OF THE CFTY OF DIAMOND RAR. DKWrY OF IAB ANGELES, EXAM OF CAUPDFk MA, Th%,,.,,.. DAY OF YO— CITY CLERK OF THE CRY OF DIAMOND OAR FEED W TNG OFF" OF THF COUNTY AtIOITOR, COWRY Of LOS ANOOn. STATE OF CALIFORMA. THIS DAY OF zo— CTTY CLORA OF THE COY OF INAMONO RAR - THE AESEWMEIR N� POR EACH LOT BE PARR WIHOI THE PWRFCT IS THE ASSMWIL fARM M R AS ASSO/.EO EY THE COTMY OiF LO6 AFORE. AG.BEOIL'S MHCE. THEM ANOflEGNBWE[ FDR EACHLOT DRMR�O, CFLAO PWE IF n O OEOAAE EHOSNONTHE A5$FABOR•BFARCFL AMPE OMNLF XY TiIE OFFlCE OF TNF LOS ANGELES COtMITY A95Fb5[49. -%W INP COfmW OF T E GIY.CF NANM RLR CITY COUNCIL Agenda # 6 _ 1 2 Meeting Date: Feb.ruaiy 7, 2006 AGENDA REPORT TO: Honorable Mayor and Members of City Council VIA: Linda C. Lowry, City Manager TITLE: Letter Encouraging the FCC to Continue to Allow Cities to Enter Into Franchise Agreements with Cable and Video Service Providers to Protect the Interest of Residents and the City RECOMMENDATIONS: It is recommended the Council approve the letter. FISCAL IMPACT: There is no fiscal impact on the City of Diamond Bar. BACKGROUND 1 DISCUSSION: In a recent Notice of Proposed Rulemaking (NPRM), the Federal Communications Commission (FCC) has tentatively concluded that it has the authority to implement the directive in Section 621 (a)(1) of the Cable Communications Policy Act of 1984, as amended by the Cable Television Consumer Protection and Competition Act of 1992. As administrators of this directive, the FCC would ensure that local franchising authorities not unreasonably refuse to award competitive franchises to other cable providers. The FCC is now seeking comments from local franchising authorities that currently have agreements with cable providers on the matter. In the NPRM, the FCC uses anecdotal evidence provided by new competitors to assume that the franchising of cable services by local agencies may be an unreasonable barrier to entry for new providers. By doing so, the authority of the City over those that provide cablelvideo service in the community, as well as local control of rights-of-way may be in jeopardy. Ultimately, the right of cities to hold individual franchises may also be in danger, which could eliminate consumer protections at the local level and a vital source of revenue to the City's General Fund. The League of California Cities (LOCC) has urged its member cities to join the National League of Cities (NLC) and the National Association of Telecommunications Officers and Advisors (NATOA) in responding to the FCC's request. The attached letter contains comments that provide information to support the fact that local franchising authorities, such as the City, can negotiate, issue, and manage appropriate franchise agreements for new entrants into the video services industry in a timely manner. The letter will be sent to the appropriate staff members of the FCC as well as representatives at the NLC, LOCC, and NATOA. Prepared by: Reviewed 0 Ryan Lean, Senior Management Analyst Dave Do �, si nt qity Manager Attachments Letter Encouraging the FCC to Continue to Allow Cities to Enter Into Franchise Agreements with Cable and Video Service Providers to Protect the Interest of Residents and the City, sent via electronic mail to John Norton and Andrew Long of the FCC, the National League of Cities, NATOA, and Genevieve Morelos of the League of California Cities. Before the FEDERAL COMUNICATIONS COMMISSION Washington, DC 20554 In the Matter of Implementation of Section 621(a)(1) of ) the Cable Communications Policy Act of 1984 ) MB Docket No. 05-311 as amended by the Cable Television Consumer ) Protection and Competition Act of 1992 ) COMMENTS OF THE CITY OF DIAMOND BAR, CALIFORNIA The following comments are filed by the City of Diamond Bar, California in support of comments filed by the National League of Cities (NLC) and the National Association of Telecommunications Officers and Advisors (NATOA). As outlined further in the comments by NATOA and the NLC, the City of Diamond Bar, California believes that local governments can issue an appropriate local franchise for new entrants into the video services field on a timely basis, just as we have for established cable services providers. In support of this belief, we wish to inform, the Commission about the facts of video franchising in our community. Cable Franchising in Our Community Community Information The City of Diamond Bar, California is a community with a population of approximately 59,000. Our current franchised cable provider is Adelphia Communications, and our community has negotiated cable franchises and related issues with various providers since incorporation in 1989. Our community has experienced several changes in cable providers as a result of corporate buyout or sale, so our City Council and staff are experienced in the processing of a transfer of the franchise from one company to another in an efficient and acceptable manner. Competitive Cable Systems As mentioned above, Adelphia Communications is the cable provider in Diamond Bar. Adelphia has been the provider since the franchise was transferred from Century Communications in 1999. With the sale of Adelphia to Time Warner Cable looming, we are involved in the transfer process. Upon transfer, Time Warner will take over the existing franchise, which is scheduled to expire in September 2007, and will assume all responsibilities contained therein. Any changes to this document will be negotiated during the renewal process with the new franchisee. By maintaining local control of the franchise agreement, we are able to represent of our residents and ensure that their best interests are served. Other than in cases of transfer, the City has not officially been approached by a second competitive cable provider to offer service in our community, and the City has not solicited the entry of a second provider. Thus, we have not had multiple franchises in place at once or have been forced to deny any entry. However, we have had some very preliminary contact with Verizon regarding their possible plans to run "cable to the home", which would include video service. We have not yet had any formal discussions with the provider regarding this issue, but expect a proposal from Verizon in the coming year. At the time of a proposal, we are certainly open to negotiating an appropriate franchise agreement for our community in a timely manner. Conclusions The local cable franchising process functions well in the City of Diamond Bar, California. As the above information indicates, we are experienced at working with cable providers to both see that the needs of the local community are met and to ensure that the practical business needs of cable providers are taken into account. Local cable franchising ensures that local cable operators are allowed access to the rights of way in a fair and evenhanded manner, that other users of the rights of way are not unduly inconvenienced, and that uses of the rights of way, including maintenance and upgrade of facilities, are undertaken in a manner which is in accordance with local requirements. Local cable franchising also ensures that our local community's specific needs are met and that local customers are protected. Local franchises thus provide a means for local government to appropriately oversee the operations of cable service providers in the public interest, and to ensure compliance with applicable laws. There is no need to create a new Federal bureaucracy in Washington to handle matters of specifically local interest. The local franchise system allows each community, including ours, to have a voice in how local cable systems will be implemented and what features (such as PEG access, institutional networks or local emergency alerts, etc.) will be available to meet local needs. These factors are equally present for new entrants as for existing users. Finally, in municipalities with small sales tax income streams, limited new development opportunities, and shrinking state resources, local governments rely on the reliable revenues that local franchises provide. These very significant revenues can then be used for a variety of important projects and programs that benefit our residents, while avoiding the depletion of General Fund dollars. The City of Diamond Bar, California respectfully requests that the Commission do nothing to interfere with local government authority over franchising or to otherwise impair the operation of the local franchising process as set forth under existing Federal law with regard to either existing cable service providers or new entrants. Respectfully submitted, By: Mayor Carol Herrera City of Diamond Bar, CA 21825 Copley Dr. Diamond Bar, CA 91765 cc: National League of Cities, leanza a,nlc.org NATOA, info@natoa.org John Norton, John.Norton@fcc.gov Andrew Long, Andrew.Lon fcc.gov Genevieve Morelos, League of California Cities, gmorelos@cacities..org CITY COUNCIL TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manage Agenda # 7.1 Meeting Date: February 7, 2006 AGENDA REPORT TITLE: Zone Change No. 2005-Ol /Consideration of Commercial and Industrial zone changes in order to comply with the General Plan. RECOMMENDATION: Approve first reading of Ordinance No. XX (2006) adopting the zone changes reflected in the attached matrix. BACKGROUND: At the time of incorporation, the City adopted the County's zoning map as its own zoning designations. Subsequently the City adopted its General Plan which includes zoning designations. At this time, the zoning map is inconsistent with the zoning designations in the General Plan. Since the General Plan takes precedent over the zoning map, Government Code Section 65860 requires the City to update the zoning map to be consistent with the City's General Plan zoning designations. Certain properties, while in compliance with the General Plan zoning designation, need to have minor adjustments to their current zoning designation in order to further the City's economic development goals. There are no impacts to any existing uses as a result of the proposed zone changes. DISCUSSION: A. Zone Change Review Authority: Pursuant to Development Code Section 22.70, public hearings are required before the Planning Commission and City Council for proposed zone changes. The Planning Commission is charged with making a written recommendation to the City Council as to whether or not the proposed zone change should be approved. Upon receipt of the Planning Commission's recommendation, the City Council shall approve, approve in modified form or disapprove the zone change. The effect of a zone change is rezoning property from one zoning district to another. B. Proposed Zone Changes: Attached is Zone Chane No. 2005-01 Matrix/Commercial/Industrial Without General Plan Amendment) dated November 9, 2005 that identifies each property by Property Identification Number which is referenced on the General Plan Land Use Map, Assessor Parcel Number (APN) and a brief description of the property location. Also attached are aerials and Assessor parcel maps that show the location of affected properties with Property ID Numbers that correspond to the matrix. The matrix also provides the General Plan land use designation, existing zoning proposed zoning and reason for the zone change. C. Planning Commission Discussion and Recommendation: On November 8, 2005, the Planning Commission held its public hearing for the proposed zone changes. At the hearing, several property owners expressed concerns about the proposed zoning of their properties. The Evangelical Free Church (Site #6) felt that the existing R-1-7,500 zoning is better for their property while the proposed C-1 zoning would decrease their property value. They stated they need more time to discuss this zoning issue with the church board. The property owner of Plaza Diamond Bar (Site #1411900-2040 Brea Canyon Road) was concerned with changing the existing C-1 and C-2 zoning to OP because it would made some of their existing retail tenants such as the liquor store, the dance costume, non -conforming. The property owner of 650 Brea Canyon Road (Site #18, APN #8719-010-007) was unhappy with the zone change from M.1.5 -BE to I (Industrial) because he wants to have commercial use even though the current Los Angles County zoning designation and the proposed city zoning designation only allows for light industrial uses. After receiving public comments and discussing the rezoning of the properties listed in Zone Change No. 2005-01 Matrix, the Planning Commission deleted Sites #6, 14 and 18 to allow the properties owners more time to discuss their concerns with staff. These properties will be added to the next series of zone changes. For the remaining properties listed in the matrix, the Planning Commission unanimously recommended approval of Zone Change No. 2005-01 for consistency with the General Plan land use designation. D. Status of Meetings with affected Property Owners of Sites #6, 14 and 18: As directed by the Planning Commission, staff contacted and met with the affected property owners. On November 14, 2005, staff met with the Church Board and explained that a church is allowed in all zones with a Conditional Use Permit. Since the church is operating with a valid Conditional Use Permit and the zone change is for General Plan compliance only, the church operation would not be affected. The Church Board understood the reason for the zone change and appeared to be more comfortable with it. In December 2005 staff met with the property owners of Plaza Diamond Bar and believes that they gained a better understanding of the uses allowed in the OP, C-1 and CPD zoning designations. Staff suggested that the property owners submit a list of existing and potential uses for the center so staff could review them and let them know if any of the potential uses would be affected by the zone change. To date, the applicant has not given us the information. Staff has not heard from the owner of Site #18. However, the zone change does not modify the uses that are allowed for the property. E. Response to Property Owner of Site#1.9: 2 On December 2, 2005, staff received a letter from the property owner of Site #19 (APN #8760- 027-001 and 002) as identified on the zoning matrix. The property owner desires that one of the commercial or offices zones (C-1, C-2, C-3, CO or OP) be approved for the property. The owner believes that a commercial or office zoning designations offer a wider range of uses and a better opportunity for leasing. Similar to Site#18, the current zoning is MPD (light industrial) and the General Plan land use designation is I (Industrial). The proposed zoning of I (light Industrial) is for General Plan compliance. Staff has spoken with the property owner several times regarding this matter. The owner understood that changing his property to a commercial or office zone would require a General Plan amendment. ENVIRONMENTAL ASSESSMENT: Pursuant to the provisions of the California Environmental Quality Act (CEQA), Sections 15162 and 15168 (c)(2), the City has determined that proposed Zone Change No. 2005-01 is consistent with the previously certified General Plan Program Environmental Impact Report and Addendum certified on July 25, 1995. Therefore, further environmental review is not required for the proposed zone changes. NOTICE OF PUBLIC HEARING: Notice for this project was published in the Inland Valley Bulletin and the San Gabriel Valle_y Tribune on January 27, 2006. Pursuant to Planning and Zoning Law Government Code Section 65091 (a) (3), if the number of property owners to whom a public hearing notice would be mailed is greater than 1000, a local agency may provide notice by placing a display advertisement 118 page in one newspaper of general circulation. The City placed a 118 page display in the above-mentioned newspapers of general circulation. On January 20, 2006 public hearing notices were mailed to approximately 108 property owners that own commercial or industrial zoned property to notify them of the proposed zone change. Furthermore, a public hearing notice was posted at Diamond Bar City Hall, Diamond Bar Library, Country Hills Town Center Community Board, Heritage Park and Community Board at 1180 Diamond Bar Boulevard (Ralph's shopping center) on January 20, 2006. PREPARED BY: REVIEWED BY: Ann J. Lungu, Associate Planner Nancy Fong, Interim Community Development Director Attachments: 1. Ordinance No. (2006) 2. Planning Commission Resolution No. 2005-39 3. November 8, 2005 Planning Commission study session and meeting minutes 4. Site Map (aerials and Assessors)General Plan Land Use Map; 5. November 8, 2005 Planning Commission Zone Change No. 2005-01 Matrix/Commercial 6. General Plan Land Use Map and land use description 7. Development Code Zoning Consistency Matrix, Table 2-2 8. Commercial and Industrial zoning district descriptions and permitted uses December 1, 2005 -letter from Chin -Chang Hung and Shun -Chen Koop Hung, property owners of Site #19 located at 20955 Lycoming Street. ORDINANCE NO. 2006 AN ORDINANCE OF THE CITY OF DIAMOND BAR APPROVING ZONE CHANGE NO. 2005-01 WHICH CHANGES THE EXISTING ZONING OF COMMERCIAL AND INDUSTRIAL PROPERTIES CITY WIDE 1N ORDER TO COMPLY WITH THE GENERAL PLAN LAND USE DESIGNATION. A. RECITALS. 1. On July 25, 1995, the City of Diamond Bar adopted its General Plan. The General Plan established land use designations, goals, objectives and strategies implementing the community's vision for its future. 2. The City of Diamond Bar has initiated an application for Zone Change No. 2005-01 for existing commercial and industrial zoned properties located throughout the City of Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Zone Change shall be referred to as the "Application". 3. Notice for this project was published in the Inland Valley Bulletin and the San Gabriel Valley Tribune on January 27, 2006. Pursuant to Planning and Zoning Law, Government Code Section 65091 (a) (3), if the number of property owners to whom a public hearing notice would be mailed is greater than 1000, a local agency may provide notice by placing a display advertisement 118 page in one newspaper of general circulation. The total number of properties owners within a 700 foot radius of the properties affected by the proposed zone change is much greater than 1000. Therefore, the City placed a 118 page display in the above-mentioned newspapers of general circulation. The City went beyond the required notification and on January 20, 2006, public hearing notices were mailed to approximately 108 property owners of commercial or industrial zoned property affected by the proposed zone change. Furthermore, a public hearing notice was posted at Diamond Bar City Hall, Diamond Bar Library, Country Hills Towne Center Community Board, Heritage Park and Community Board at 1180 Diamond Bar Boulevard (Ralph's shopping center) on January 20, 2006. 4. On November 8, 2005, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. At that time, the Planning Commission adopted Resolution No. 2005-39 recommending City Council approval of the Application. 5. On February 7, 2006, the City Council of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. 6. The City Council of the City of Diamond Bar does hereby approve Zone Change No. 2005-01 based on the following findings, as required by Municipal Code Section 22.70.050 and in conformance with California Government Code Section 65853 and 65860. 7. Following due consideration of public testimony, staff analysis and the Planning Commission recommendation, the City Council hereby finds that Zone Change No. 2005-01 set forth within amends the Zoning Map and is consistent with the General Plan and the City's economic goals and polices. 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. The City Council hereby finds that the project identified above in this Resolution, pursuant to the provisions of the California Environmental Quality Act (CEQA), Sections 15162 and 15168 (c)(2), the City has determined that proposed Zone Change No. 2005-01 is consistent with the previously certified General Plan Program Environmental Impact Report and Addendum certified on July 25, 1995. Therefore, further environmental review is not required for reasons set forth in the staff report under Environmental Assessment. 3. Based on the findings and conclusions set forth herein, this City Council hereby finds as follows: (a) Zone Change No. 2005-01 will replace the City's current Zoning Map designations, in conformance with the General Plan by changing the zoning of the subject properties as attached hereto as Exhibit "A". (b) The City Clerk is directed to amend the Zoning Map to reflect the referenced properties new zoning designations. PASSED, APPROVED AND ADOPTED THIS DAY OF 2006, BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR. In Carol Herrera, Mayor I, Linda C. Lowry, City Clerk of the City of Diamond Bar do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the day of , 2006 and was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on the day of 2006 by the following vote: AYES: Council Members: NOES: Council Members: ABSENT: Council Members: ABSTAIN: Council Members: Linda C. Lowry, City Clerk, City of Diamond Bar EXHIBIT "A" ZONE CHANGE NO. 2005-01 APN # GENERAL LOCATION RECOMMENDED ZONE 8703-001-061 (Weinerschnitzel) Sunset Blvd./Diamond C-2 8703-001-062 (vacant lot) Bar Blvd. (Community Commercial) 8281-024-052 (Chevron Station) Diamond Bar Blvd./ C-3 Palomino Dr. (Regional Commercial) 8281-010-049 Diamond Bar Blvd. C-3 8281-010-050 between Palomino Dr. 8281-010-051 and Golden Springs Dr. 8281-010-057 (Von's/SavOn/Mobil/bank 8281-010-058 8281-010-054 8293-044-015 (office bldg.) Montefino Ave. 1 CO 8293-044-016 (parking lot) Diamond Bar Blvd. (Commercial Office) 8285-020-900 Diamond Bar/ Cold C-2 8285-020-006, 8285-020-007 Springs/ Fountain 8285-020-031, 8285-020-052 Springs 8285-020-004 (office building) Diamond Bar Blvd./ OP 8285-020-005 Fountain Springs Rd. 8714-015-001 Adjacent Flood Channel C-1 and Site "D" 8293-002-009 (office building) Grand Ave. between OP 8293-002-010 (parking lot) Montefino Ave. and 8293-002-011 (office building) Diamond Bar Blvd. APN # GENERAL LOCATION RECOMMENDED ZONE 8717-025-054 (office bldg) Golden Springs Dr. l OP 8717.025-055 (office bldg. parking Grand Ave. OP lot) 8717-025-007 (parking lot) CO 8717-025008 (offices, restaurant) CO 8763-001-038 Golden Springs Dr./Via CO 8763-001-033 Sorella St. (Walnut Pool, 8763-001-034 CalTrans yard) 8763-001-035 8763-004-002 Brea Canyon Rd./Via co 8763-004-003 Sorella St. (two churches, 8763-004-008 architect's office, repair 8763-004-010 shop) 8763-004-011 8763-007-001, 8763-007-003 Golden Springs Dr. C-3 8763-007-004, 8763-007-008 between Lemon Ave./ 8763-007-010, 8763-007-011 Brea Canyon Rd. (Mc 8763-007-012, 8763-007-013 Donald's/Chevron to 8763-007-022, 8763-007-025 Charlie's Sandwich Shop) 8763-007-026, 8763-007-027 8763-007-028 8762-034-022 Golden Springs Dr./ C-2 8762-034-012 Lemon Ave.(strip center, Jubei, Korean restaurant) 8285-029-001, 8285-029-002 SW Corner of Pathfinder CO 8285-029-003, 8285-029-004 Rd./Brea Canyon Rd. 8285-029-005, 8285-029-006 APN # GENERAL LOCATION RECOMMENDED ZONE 8293-050-900, 8293-050-002 Gateway Corp. Center OB 8293-050-003, 8293-050-005 (Office, Business Park) 8293-050-010, 8293-050-011 8293-050-012, 8293-050-013 8293-050-017, 8293-050-018 8293-050-019, 8293-050-021 8293-050-022, 8293-050-023 8293-050-031, 8293-050-032 8293-050-035, 8293-050-036 8293-050-037, 8293-050038 8293-050-039, 8293-050-040 8293-051-001, 8293-051-002 8293-051-003, 8293-051-004 8293-051-005, 8293-051-006 8718-005-005, 8718-005-006 North of Sunset Crossing/ REC 8718-005-007, 8718-005-008 South of Happy Hallow (Recreation) 8718-005-011, Rd. (Little League Field) 8719-003-807 (Union Pacific RR) 8719-010-015, 8719-010-014 Washington St./East of RMH 8719-010-013 (mobile home park) Brea Canyon Rd. (Medium/High Density Residential) 8719-010-009 (warehouse) Washington St./East of t 8719-010008 (warehouse) Brea Canyon Rd. 8760-021-001 (warehouse) North of Lycoming St. z 8760-021-002 (warehouse) between Brea Canyon 8760-021-006 (industrial) Rd. and Lemon Ave. APN # GENERAL LOCATION RECOMMENDED ZONE 8760-021-005 (Shea Center) North of Lycoming St. I 8760-027-001 (Pinefalls Ave.) between Lemon Ave. and 8760-027-002, 8760-027-003 Brea Canyon Rd. 8760-027-004, 8760-027-005 8760-027-006, 8760-027-007 8760-027-008, 8760-027-009 8760-027-010, 8760-027-011 (Penarth Ave.) 8760-027-012, 8760-027-013 8760-027-014, 8760-027-015 8760-027-016, 8760-027-017 8760-021-018 8760-014-012, 8760-014-013 West of Lemon I 8760-014-014, 8760-014-015 Ave./North of 60 Fwy. to 8760-014-802 (Union Pacific RR) City boundary 8760-015-001, 8760-015-002 8760-015-003, 8760-015-004 8760-015-005, 8760-015-006 8760-015-007, 8760-015-008 8760-015-009, 8760-015-010 8760-015-011 Yellow Brick Road Industrial Park 8760-015013, 8760-015-014 8760-015-015, 8760-015-018 8760-015-021, 8760-015-022 8760-015-023, 8760-015-024 8760-015-025, 8760-015-026 8760-015-027, 8760-015-028 8760-015-030, 8760-015-031 8760-015-901 North of 60 Fwy.ISouth of I 8760-015-902 Lycoming St. between 8760-015-903 Lemon Ave. and Glenwick Ave. (WVUSD) PLANNING COMMISSION RESOLUTION NO. 2005-39 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING THAT CITY COUNCIL APPROVE ZONE CHANGE NO. 2005-01 WHICH CHANGES THE EXISTING ZONING OF COMMERCIAL AND INDUSTRIAL PROPERTIES CITY WIDE IN ORDER TO COMPLY WITH THE GENERAL PLAN LAND USE DESIGNATION. A. RECITALS The City of Diamond Bar has initiated an application for Zone Change No. 2005-01 for existing commercial and industrial zoned properties located throughout the City of Diamond Bar, Los 'Angeles County, California. Hereinafter in this Resolution, the subject Zone Change shall be referred to as the "Application." 2. On October 28, 2005, a public notice for this project was published in the Inland Valley Bulletin and the San Gabriel Valley Tribune. Pursuant to Planning and Zoning Law, Government Code Section 65091 (a) (3), if the number of property owners to whom a public hearing notice would be mailed is greater than 1000, a local agency may provide notice by placing a display advertisement 118 page in one newspaper of general circulation. The total number of property owners within a 700 foot radius of the properties affected by the proposed zone change is much greater than 1000. Therefore, the City placed a 118 page display in the above- mentioned newspapers of general circulation. The City went beyond the required notification and on October 25, 2005, public hearing notices were mailed to approximately 123 property owners of commercial or industrial zoned properties affected by the proposed zone change. Furthermore, a public hearing notice was posted at Diamond Bar City Hall, Diamond Bar Library, Country Hills Towne Center Community Board, Heritage Park and the Community Board at 1180 Diamond Bar Boulevard (Ralph's shopping center.) 3. On November 8, 2005, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application. 4. On November 8, 2005, the Planning Commission, after due consideration of public testimony, staff analysis and the Commission's deliberation, has determined that Zone Change No. 2005-01 attached hereto as Exhibit "A" implements the General Plan and the City's economic goals and polices. The Planning Commission at that time concluded the public hearing. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby finds that Zone Change No. 2005-01 is consistent with. the General Plan in that it implements the General Plan land use designation for commercial and industrial properties in the City. 3. The Planning Commission hereby finds that the project identified above in this Resolution, pursuant to the provisions of the California Environmental Quality Act (CEQA), Sections 15152 and 15188 (c)(2), the City has determined that proposed Zone Change No. 2005-01 is consistent with the previously certified General Plan Program Environmental Impact Report and Addendum certified on July 25, 1995. Therefore, further environmental review is not required for reasons set forth in the staff report under Environmental Assessment. 4. 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 Zone Change 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. 5. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds and recommends as follows: (a) The City Council adopt Zone Change No. 2005-01 attached hereto as delineated in Exhibit "A" and the City's Zoning Map incorporated herein by reference. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution to the City Council. 2 Planning Commission Resolution No. 2005-39 APPROVED AND ADOPTED THIS 8TH OF NOVEMBER 2005, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Ruth Nf Low, Vice Chairperson 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 8th day of November 2005, by the following vote: AYES: Commissioner: NOES: Commissioner: ABSENT: Commissioner: ABSTAIN: Commissioner: ATTEST: Nolan, Torng, Lee, VC/Low None Chair/McManus None 9 Planning Commission Resolution No. 2005-39 EXHIBIT "A" ZONE CHANGE NO. 2005-01 APN # GENERAL LOCATION RECOMMENDED ZONE 8703-001-061 (Weinerschnitzel) Sunset Blvd./Diamond C-2 8703-001 -062 (vacant lot) Bar Blvd. (Community Commercial) 8281-024-052 (Chevron Station) Diamond Bar Blvd./ C-3 Palomino Dr. (Regional Commercial) 8281-010-049 Diamond Bar Blvd.' C-3 8281-010-050 between Palomino Dr. 8281-010-051 and Golden Springs Dr. 8281-010-057 (Von's/SavOn/Mobil/bank 8281-010-058 8281-010-054 8293-044-015 (office bldg.) Montefino Ave./ CO 8293-044-016 (parking lot) Diamond Bar Blvd. (Commercial Office) 8285-020-900 Diamond Bar/Cold C-2 8285-020-005, 8285-020-006, Springs/Fountain Springs 8285-020-007 8285-020-031, 8285-020-052 8285-020-004 (office building) Diamond Bar Blvd./ OP Fountain Springs Rd. 8714-015-001 Adjacent Flood Channel C-1 and Site "D" APN # GENERAL LOCATION RECOMMENDED ZONE 8293-002-009 (office building) Grand Ave. between OP 8293-002-010 (parking lot) Montefino Ave. and 8293-002-011 (office building) Diamond Bar Blvd. 8717-025-054 (office bldg) Golden Springs Drd OP 8717-025-055 (office bldg. parking lot) Grand Ave. OP 8717-025-007 (parking lot) CO 8717-025-008 (offices, restaurant) CO 8763-001-038 Golden Springs Dr] CO 8763-001-033 Via Sorella St. (Walnut 8763-001-034 Pool, CalTrans yard) 8763-001-035 8763-004-002 Brea Canyon Rd./ CO 8763-004-003 Via Sorella St. (two 8763-004-008 churches, architect's 8763-004-010 office, repair shop) 8763-004-011 -8763-007-001, 8763-007-003 Golden Springs Dr. C-3 8763-007-004, 8763-007-008 between Lemon Ave./ 8763-007-010, 8763-007-011 Brea Canyon Rd. 8763-007-012, 8763-007-013 (McDonald's/Chevron to 8763-007-022, 8763-007-025 Charlie's Sandwich Shop) 8763-007-026, 8763-007-027 8763-007-028 8762-034-022 Golden Springs Dr./ C-2 8762-034-012 Lemon Ave.(strip center, Jubei, Korean restaurant) Planning Commission Resolution No. 2005-39 (Exhibit A) APN # GENERAL LOCATION RECOMMENDED ZONE 8265-001-007, 8265-001-008 Pathfinder Rd./Brea OP 8265-001-009, 8265-001-010 Canyon Rd./West of 57 8265-001-011, 8265-001-012 Fwy 8265-001-013 8285-029-001, 8285-029-002 SW Corner of Pathfinder CO 8285-029-003, 8285-029-004 Rd./Brea Canyon Rd. 8285-029-005, 8285-029-006 8293-050-900, 8293-050-002 Gateway Corp. Center OB 8293-050-003, 8293-050-005 (Office, Business Park) 8293-050-010, 8293-050-011 8293-050-012, 8293-050-013 8293-050-017, 8293-050-018 8293-050-019, 8293-050-021 8293-050-022, 8293-050-023 8293-050-031, 8293-050-032 8293-050-035, 8293-050-036 8293-050-037, 8293-050-038 8293-050-039, 8293-050-040 8293-051-001, 8293-051-002 8293-051-003, 8293-051-004 8293-051-005, 8293-051-006 8718-005-005, 8718-005-006 North of Sunset Crossing/ REC 8718-005-007, 8718-005-008 South of Happy Hallow (Recreation) 8718-005-011, Rd. (Little League Field) 8719-003-807 (Union Pacific RR) 8719-010-015, 8719-010-014 Washington St./East of RMH 8719-010-013 (mobile home pari) Brea Canyon Rd. (Medium/High Density Residential 8719-010-009 (warehouse) Washington St./East of I 8719-010-008 (warehouse) Brea Canyon Rd. Planning Commission Resolution No. 2005739 (Exhibit A) APN # GENERAL LOCATION RECOMMENDED ZONE 8760-021-001 (warehouse) North of Lycoming St. I 8760-021-002 (warehouse) between Brea Canyon 8760-021-006 (industrial) Rd. and Lemon Ave. 8760-014-012,' 8760-014-013 West of Lemon I 8760-014-014, 8760-014-015 Ave./North of 60 Fwy, to 8760-014-802 (Union Pacific RR) City boundary 8760-015-001, 8760-015-002 8760-015-003, 8760-015-004 8760-015-005, 8760-015-006 8760-015-007, 8760-015-008 8760-015-009, 8760-015-010 8760--015-011 Yellow Brick Road Industrial Park 8760-015-013, 8760-015-014 8760-015-015, 8760-015-018 8760-015-021, 8760-015-022 8760-015-023, 8760-015-024 8760-015-025, 8760-015-026 8760-015-027, 8760-015-028 8760-015-030, 8760-015-031 8760-015-901 North of 60 Fwy.ISouth of i 8760-015-902 Lycoming St. between 8760-015-903 Lemon Ave. and Glenwick Ave. (WVUSD) Planning Commission Resolution No. 2005-39 (Exhibit A) MINUTES OF THE CITY OF DIAMOND BAR STUDY SESSION OF THE PLANNING COMMISSION NOVEMBER 8, 2005 CALL TO ORDER: Vice Chairperson Low called the meeting to order at 5:30 p.m. Room CC -8 of the South Coast Air Quality Management District/Government Center Building, 21865 Copley Drive, Diamond Bar, California 91765 • Information Regarding Zone Changes • Information Regarding Country Hills Towne Center 1. ROLL CALL: Present: Vice Chairperson Ruth Low; and Commissioners Kwang Ho Lee, Dan Nolan and Tony Torng. Chairman ,doe McManus was excused. Also present: Nancy Fong, Interim Community Development Director; Bradley E. Wohlenberg, Assistant City Attorney; Ann Lungu, Associate Planner; and Stella Marquez, Senior Administrative Assistant. A. Information Regarding Zone Changes AssocP/Lunge presented staff's report on Zone Change No. 2005-01 related to bringing Commercial and Industrial Zoning into compliance with the City's General Plan for the following sites: Site 1— Sunset Crossing Road/Diamond Bar Boulevard (change from CM to C-2 Community Commercial); Site 2 — Diamond Bar Boulevard/ Palomino (change from C-2 to C-3); Site 3 — Diamond Bar Boulevard between Palomino Drive and Golden Springs Drive (change from C-2 to C-3); Site 4 — Montefino Avenue and Diamond Bar Boulevard (change from C-3 to CO.) Site 5 — Diamond Bar Boulevard/Cold Springs Lane/Fountain Springs Road (Country Hills Towne Center — change from C-1 to C-2) at the request of VC/Low, staff agreed to consider Site 5 for the two corner parcels and Country Hills Towne Center as a separate issue to be considered tonight. Site 6 — Brea Canyon Road/ Diamond Bar Boulevard (change R-1 to C-1.) NOVEMBER 8, 2905 PAGE 2 PLANNING COMMISSION STUDY SESSION Site 7 — Brea Canyon Site "D" (change CPD to Rd/DiamondlmBar Blvd; Adiacent ,.l Flood Channel and Site 8 — Grand Avenue between Montefino Avenue and Diamond Bar Boulevard (change from C-3 to OP.) Site 9 — Golden Springs Drive/Grand Avenue (change from C-3 to OP and CO.) Site 10 — Golden Springs Drive/Via Sorella Street, (Walnut pool and Caltrans r Yard — change from various to CO.) Site 11 — Brea Canyon Road/Via Soreila (change from various to CO.) Site 12 — Golden various torive between Lemon Avenue and Brea Canyon Road (change Site 13— Golden Springs Drive/Lemon Avenue (change from various to C-2.) Site 14 — Pathfinder Road and Brea Canyon Road west of SR57 (change from C-2 and CPD to OP.) SW Corner Site 15 — of Pathfinder Road/Brea Canyon Road (change from CPD to CO. 1CDD/Fong explained that the Chevron Station had applied for an almost total redesign of the site and wanted to include a car wash. Staff informed the applicant that the site was too small. C/Nolan felt that intensifying uses at the location would create chaos. ICDD/Fong said that due to the tightness of the site the City may not be able to close one of the driveways but change the design to egress only. Staff is looking at ways to improve circulation around the gas station regardless of whether there is a zone change. Site 16 - Gateway Corporate Center „(change CM to OB.) Site 17 — North of Sunset Crossing and South of Happy Hollow Road (Little League Field - change from MPD to REC.)� Site 18 — Washington Street east of Brea Canyon Road (change from M1.5 -BE to 1) The property owner would like it to be zoned Commercial or Commercial Office rather than 'T' because he felt it was too limited. AssocP/Lungu said that the site was already located in an Industrial zone and the City was changing the designation only for consistency and not as a change for other uses. AssocP/Lungu further stated that the property owner's request would mean a General Plan amendment. NOVEMBER 8, 2005 PAGE 3 PLANNING COMMISSION STUDY SESSION C/Lee felt that Diamond Bar was more lax in granting changes than were other cities. He respects private ownership. However, the City should stay with the zoning and its General Plan. Staff stated that commercial uses are not allowed in industrial zone but certain types of businesses may be allowed ancillary retail if it is part of the same type of business through a CUP process. C/Nolan explained to C/Lee that Diamond Bar was not given a blank pallet when the City incorporated and he did not view using the CUP process as a sign of weakness or bad judgment nor did he see the timeline being streamlined and felt that the process may be faster because this City does not have a high level of activity. Based on the City's structure it almost has to. be more flexible to encourage economic growth and provide good governance. C/Lee said he has observed that a certain percentage of the residents do not want to improve portions of the City into retail. For instance, San Clemente is a well- maintained City that -does not have a lot of retail and commercial -He believes1hat..., the City should abid&zby its General Plan instead of allowing other uses. C/Nolan said that he respectfully disagreed with C/Lee in that he believed that the General Plan was a living document. VC/Low said that to her a General Plan was an overarching document that did not cover all situations because it did not have the ability to foresee every small parcel detail. Thus, staff and the Planning Commission are available to offer discretionary permits under the CUP process. C/Lee reiterated his belief that the City granted CUP's too easily and too often with little objection. ACA/Wohlenberg explained that the General Plan gives the overarching perspective and the individual zones contain a list of uses that are permitted by right without further review. Uses that are similar to the designated uses could possibly go in as well and the City wants to make certain it has an opportunity to place conditions on the uses to make sure they do not have an unintended significant impact on the area. The Ordinance contains a list of uses that are permitted under CUP and those uses are not arbitrarily granted, they must be uses that are close to those allowed and as a result, it may appear that well-defined uses are easily granted. Site 19 — th of Lycoming (Shea Center- change from M between5-BE to 1) (West of Lemon Av a Avenue area ndn1Ort Road rtfi of the SR60 to the City boundary - change M 1.5 -BE to I.) nRoad and wshes could exist (change from M 1.5BE to I.) C/Lee asked if Laundromats Site 20 -- North of Lycoming between Brea Canyon and ca exist in the C-3 zone. Site 21 -- West of Lemon Avenue/North of SR60 to City Boundary_ (Union Pacific RR and industrial development and Yellow Brick Road Industrial Park - change from M1.5 -BE to I for General Plan consistency,) NOVEMBER 8, 2005 PAGE 4 PLANNING COMMISSION STUDY SESSION Site 22 — North of SR601South of Lycoming between Lemon Avenue and Glenwick Avenue (WVUSD — change R -A-8,000 to I.) The Planning Commission and ACAIWohlenberg concurred that this was a single agenda item, that all of the changes were detailed in staff's report and have been discussed by the Commission through this public meeting. B. Information Regarding the Country Hills Towne Center project ICDDIFong presented staff s report. In order to maximize the allowable "restaurant" use square footage, the applicant requested clarification that certain food court uses would not be considered as "restaurant." For example, quick service and take out with limited seating up to a maximum of 14 seats. It would include such uses as ice cream shops, bagel shops,. donut'shb _deli's and similar types of uses which should not be considered sit-down restaurants. Staff concurs with the applicant's request. VC/Low asked how much square footage and parking the property owner would gain if the City concurred with the use clarification. ICDDIFong responded that the property owner has already maximized the number of parking spaces required for restaurant use. This proposal theoretically reduces the square footage for retail. VC/Low said she was still concerned about the amount of square footage devoted to restaurant use. CILee believed that the developer had a vision for use of the private property and if he complied with the City's requirements the uses would be permitted. At the same time the Commission needed to know what the developer was planning and strives to comply with his proposal. 1CDDIFong explained that the developer was proposing to maximize the square footage and the parking ratio by accommodating up to 53,397 square feet of restaurant use and it would be questionable whether the developer could actually achieve that maximization. C/Nolan said the request would merely change the nuance of what was considered to be retail and would improve the parking ratio. ICDDIFong stated that the applicant would make his presentation during the regular meeting. NOVEMBER 8, 2005 PAGE 5 PLANNING COMMISSION STUDY SESSION ADJOURNMENT: With no further business before the Planning Commission, Vice Chair/Low adjourned the study session at 5:55 p.m. to the regular meeting. Respectfully Subm Nancy Fong Interim Community D Attest: R th M. Low, Vice Chairman opment Director MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION NOVEMBER 8, 2005 STUDY SESSION: 5:30 p.m. - Room CC8, South Coast Air Quality Management District/Government Center, 21865 Copley, Diamond Bar, CA 91765 Information Regarding Proposed Zone Changes Information Regarding Country Hills Towne Center Project CALL TO ORDER: Vice Chairperson Low 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. .PLEIDGE OF ALLEGIANCE: Commissioner Nolan led the Pledge of Allegiance. 1. ROLL CALL: Present: Vice Chairperson Ruth Low and Commissioners Kwang Ho Lee, Dan Nolan and Tony Torng. Chairman Joe McManus was excused. Also present: Nancy Fong, Interim Community Development Director; Bradley E. Wohlenberg, Assistant City Attorney; Ann Lungu, Associate Planner, Linda Smith, Development Services Associate; Kimberly Molina, Assistant Engineer and Stella Marquez, Senior Administrative Assistant. 2. MATTERS FROM THE AUDIENCEIPUBLIC COMMENTS: None Offered. 3. APPROVAL OF AGENDA: As Presented. 4. CONSENT CALENDAR: 4.1 Minutes of the Study Session of October 25, 2005. 4.2 Minutes of the Regular Meeting of October 25, 2005. C/Nolan moved, C/Torng seconded to approve the Consent Calendar as presented. Motion carried by the following Roll Call vote: NOVEMBER 8, 2005 A R1 PAGE 2 PLANNING COMMISSION AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: OLD BUSINESS: Nolan, Torng, Lee, VC/Low None Chair/McManus 5.1 Planning Commission Policy and Procedures Manual Review and Discussion. VC/Low felt that deleted Item 6 on page 5 --- Commission Membership and Operations, should be reinstated because Commissioners serve at the pleasure of the Council Member who appointed them and without this provision the new Council Member would not have an opportunity to appoint aw perso-ft`of his_, own choosing. ACANVohlenberg explained that the requirement that the seat be vacated within 90 days was part of the City's Municipal Code that was the ultimate control over the Policy Manual. He agreed that it would serve to place the Commissioners on notice without requiring that they read the Municipal Code. VC/Low agreed that this manual helped Commissioners to better serve on the Commission. She asked if the Commissioners would concur that the section on pages 6 and 7 that spoke to the effectiveness of a Planning Commissioner and suggestions on how to be a Commissioner should be included in the draft. C/Torng said he found very similar language in the draft manual on pages 11 and 12. VC/Low agreed. C/Nolan moved, C/Torng seconded to recommend adoption of the Planning Commission Policy and Procedures Manual as amended. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Nolan, Torng, Lee, VC/Low NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Chair/McManus NEW BUSINESS: None 7. CONTINUED PUBLIC HEARING(S): 7.1 ZONE CHANGE NO. 2004-1, CONDITIONAL USE PERMIT NO. 2004-01 DEVELOPMENT REVIEW NO. 2004-19 AND VARIANCE NO. 2004-01 - In accordance with chapter 22 of the City of Diamond Bar Development Code, the applicant requested the following approval: A zone change from NOVEMBER 8, 2005 PAGE 3 PLANNING COMMISSION Neighborhood Commercial (C-1) to Community Commercial (C-2).District consistent with the General Plan Commercial designation; a Conditional Use Permit and a Development Review for the renovation of the facade of the existing shopping center totaling 221,083 square feet; and a Variance to increasethe building heightforthe proposed three story office/medical office building from 35 feet to 40 feet. The proposed renovations include the existing 45,031 square feet of existing in-line shop buildings or retail and restaurant uses with outdoor dining area, a new 49,100 square foot three story office/medical office building and a new 6,800 square foot two story office/retail building. (Continued from October 25, 2005) PROJECT ADDRESS: Diamond Bar Boulevard between the northwest corner of Cold Springs Lane and the southwest - - r corner -of fountain Springs Road (Country Hills Towne Center), Diamond Bar, GA 91766 PROPERTY OWNER/ MCC Realty Management APPLICANT: 9595 Wilshire Boulevard, Suite 214 Beverly Hills, CA 90212 TCDD/Fong presented staff's report and recommended that the Planning Commission reopen the public hearing, receive testimony and forward a recommendation for approval to the City Council through the adoption of the resolutions. The applicant, Michael McCarthy, gave an overview presentation to indicate where certain uses were proposed to be placed within the center and how the current buildings would be upgraded to include a 40,000 square foot market area, new facades to update roof6ines and new construction to current standards. In addition, a walkway was added between two parking bays to connect two buildings and a walkway was added off of Diamond Bar Boulevard down into the site from the AAA site down to in front of the food and coffee areas. The walkway was designed to intersect and meander across the parking lot into other retail uses on the opposite site of the center. Additionally, he plans to assign the center for ADA access from Fountain Springs. CILee asked Mr. McCarthy how he intended to accommodate the large restaurant spaces into the shopping center. Mr. McCarthy said he believed that food spaces were market-driven and at this juncture he was uncertain what tenants would rent space at the center, where the food uses would locate and what portion would actually come to fruition. The current demand NOVEMBER 8, 2005 PAGE 4 PLANNING COMMISSION was for multiple interests from different food categories including Sushi, Chinese, Italian, and American food/family style restaurants and his proposal was to have the option to sign leases if tenants became available and interested. He felt there was a very strong demand for restaurants in Diamond Bar that would include the ability to serve liquor and provide some type of entertainment. CILee asked if Mr. McCarthy had tangible candidates and he responded that he has letters of intent. At this point there are no leases signed. Once the anchor tenant market lease is signed the strategy will unfold for filling up the in-line spaces. CILee said he was concerned that without a tangible anchor tenant how Mr. McCarthy could allocate 30 percent of the center (60,000 square feet) to food uses. Mr. McCarthy said that at this point the cycle of interest from prospective tenants prior to signing an anchor are mostly with food related tenants jockeying for position within the center. Tire ancftc'f-,vlll define- the course of the shopping center and he would -begin _ to'see more Aerest from soft retailers such as electronic retail, clothing, etc. -- Typically the life of a shopping center depends on the food vendors who are the most aggressive and prolific. Once the shopping center becomes anchored other tenants follow the anchor and food uses. VC/Low asked Mr. McCarthy to talk about the anchors. Mr. McCarthy responded that the current tenant Rite Aid is considered a co-anchor and that he has interest from two separate markets, one of which he prefers and with which he is negotiating a lease. The lease should be signed within the next 30 days. VC/Low asked how long Mr. McCarthy had been in negotiations with the anchor tenant and how certain he was that the anchor would sign within the next 30 days. Mr. McCarthy said there was no absolute in his business. However, he had been in discussion with this tenant since December 2004 and it was not untypical for markets to take a relatively long period of time to make a decision to sign a lease. Actually, a 12 -month period was probably on the quick side of the equation. Generally, market deals take two years to go through committee and obtain necessary approvals. In these instances the developer needs to stand still and let the process unfold. Mr. McCarthy indicated to VC/Low that he felt most of the obstacles had been overcome. The market essentially approved 40,000 square feet shown on the plan. The market required the tower element (part of the variance requested this evening), the addition of two loaders in the rear area and the fountain element in the center of the shopping center. In addition, the center was providing the market the frontage it needed. The market was in the process of completing a fixture plan for the space and because they have had their attorneys working on the agreement it seemed apparent to him that the market was sincere about moving forward. The quality of the proposed NOVEMBER 8, 2005 PAGE 5 PLANNING COMMISSION market is as close to an "A" quality market as he has seen with respect to fixtures, merchandising and products. The theme of the market is more of a world market theme with about 35 percent being U.S. products and the balance being a combination of Korean, Chinese and Japanese. And, the proposed anchor has the same types of prepared foods that one would find at a Bristol Farms or Henry's or Whole Foods and could easily compete with the Henry's of Chino Hills. C/Nolan asked if the anchor tenant currently operated stores in the United States and Mr. McCarthy responded "yes." C/Nolan stated that the Commission previously spoke about the lack of pedestrian walkways to connect the two buildings on Diamond Bar Boulevard as well as walkways to connect the two buildings down through the center to the main area just north of Rite Aid. C/Nolan asked -M.i, t -McCarthy - if there were any opportunities for additional pedestrian access or at the very least a softening of the parking lot mass with additional landscaping. Mr. McCarthy pointed out on the overhead what he felt would be active areas and indicated that he had connected those areas with the AAA building. The AAA building is a non -retail facility and there is a connection with the office building up and over. He asked for an opportunity to study the area further to see whether there could be additional connectivity. He also indicated that they had struggled with the landscaping issue and in their opinion it had failed in the past because of the view corridors. He does not want to create a situation where the project is finished and in five or 10 years from now the center has the same problem with landscaped areas blocking view corridors. It is critical to be able to see the storefront to have a sense of arrival. If the project blocks the storefronts it would create a problem for drivers traveling on Diamond Bar Boulevard to gain a sense of the center. C/Nolan asked what kind of sales tax revenue the center could potentially bring into the City. ICDD/Fong said she had not researched that subject. C/Nolan said he believed it was important for the Commission and Council to know what the revenue stream would be. C/Torng told Mr. McCarthy he appreciated the commitment.to refurbishing the Diamond Bar center. When he visited the Phillips Ranch center and found there were several good points to the center such as a variety of businesses. In his opinion however, there was not enough landscaping and the parking was limited. In the case of the Country Hills Towne Center he was pleased to see the superimposition of the three-story business and number of trees. He was concerned about the small amount of landscaping NOVEMBER 8, 2005 PAGE 6 PLANNING COMMISSION and hoped that Mr. McCarthy would commit to mitigating the mass of the three-story building with sufficient landscape materials. He agreed that the center portion should be free of large trees but felt the side streets and rear areas could be landscaped with trees. C/Torng cautioned Mr. McCarthy that his mail was not just for people who live in "The Country Estates" it was also for the residents at the south end of Brea Canyon Road and other adjacent areas. C[Torng reminded Mr. McCarthy that there were a lot of schools in the area of the center and he felt that the young people would like a good place to shop, eat and take advantage of a safe environment and he hoped that Mr. McCarthy could attract businesses that would serve the youth of Diamond Bar. He asked staff to comment on the percentage of landscaping required by ordinance because he wanted to be certain that the center met the requirement. --" Mr. McCarthy said that even though the Phillips ranch center was about 95 percent leased the construction was only about 85 to 90 percent completed. For example, the restaurant building needed to be completed before the parking lot was resurfaced. In spite of the fact that the Phillips Ranch center sits in a very secluded area with a very low traffic count he was successful in attracting major solid retailers such as Blockbusters, Ace Hardware, It's a Grind Coffee, etc. Relative to the Country Hills Towne Center he recalled that a resident was concerned about how the shopping center looked from the rear and as part of the conditions of approval he had agreed to screen all of the HVAC systems on the old part of the center. The new portion was developed in 1987 and he was somewhat concerned about large trees because the lanes on the side area were fire lanes and those must be kept wide open for access. In addition, the existing buildings leave little room for landscaping. However, he has shown the cornices along the sides and along the top at the rear of the buildings. C/Torng's concern about landscaping is his concern as well and he plans to soften the area of the office building with heavy landscaping. The major portion of the landscaping is being concentrated at the entryway of the center to create an exciting sense of arrival. There is a large water element and waterfall going down the center of the entryway that continues on down into the center. However, he is somewhat hampered by the pre-existing conditions on a going forward basis of the already constructed center. The center is currently at about 7.5 percent landscaped and if he was building a new center the code would require 15 percent landscape coverage. Mr. McCarthy said he had a difficult time attracting restaurants to Phillips Ranch because it was a neighborhood area and would not support a lot of food uses. He estimated that he had about 10 percent of the interest in food at Phillips Ranch that he has at the Country Hills Towne Center which says a lot about the trade area and NOVEMBER 8, 2005 PAGE 7 PLANNING COMMISSION demographic profile as well as the ability for a restaurant and food use to succeed in the Diamond Bar center. Regarding youth related areas, coffee shops, juice bars, bookstores, food uses, gift stores that would be attractive and safe for young people, those are included in the projected uses. CILee felt that in order to have 60,000 square feet of food uses succeed it would require that about 3,000 people a day visit the center. He asked if Mr. McCarthy had any plans for security at the center. Mr. McCarthy said that he would like to have an armed guard 2417 on his properties. However, it was too expensive so an unarmed guard would be located onsite during nighttime hours as was currently the situation at the center. Security is very important and he is somewhat concerned because when he operated the theater for a very short period of time it was robbed twice in two weeks. He said he was also very concerned- ane— ,vould do as much as possible to secure the grounds. He 'is seeking'high-quality establishments and any type of loitering that would detract from that quality would not be allowed. VCILow reiterated the importance of landscaping. Page 5 of the landscape report indicates that staff is willing to work with the applicant to address the proposed condition to provide tree wells within the parking lot, etc. VC/Low asked Mr. McCarthy if he was agreeable to working with staff to provide adequate landscaping in accordance with the conditions? Mr. McCarthy said it sounded like a strategic approach to landscaping and not just a shotgun blanket approach and that he, ICDD/Fong and the architect would be discussing how to proceed. He included a budget amount for benches and walkways including replacement of the benches outside of 31 flavors. VC/Low wondered about landscaping the entire front of the center to attract shoppers. Mr. McCarthy said he was concerned about the visibility and view corridors. Typically, people driving toward the market would see the pylon and monument signs first and anticipate the entryway. VC/Low felt that only the rooftops of the inside buildings would be visible and if the Diamond Bar Boulevard exterior was inviting it would draw in the public. Mr. McCarthy agreed that signage was very important. He planned to add low-lying plants along the hillside but he said he did not want plants growing too high and undoing what he was trying to fix. He felt it would be best to sit down with staff and come up with a strategy for placement of types of plants, growth patterns of the plants, placement of the plants and consideration of how they would look in five years. VC/Low said she was concerned about how the existing tenants would be treated during the rehabilitation process. She said that she had randomly called tenants and was surprised to hear that the shop owners had no idea NOVEMBER 8, 2005 PAGE 8 PLANNING COMMISSION about the renovation plans. Mr. McCarthy said that timing was somewhat tricky because he did not want to show the proposed plans to existing tenants until a plan was approved and in place. The emphasis had been on waiting for Planning Commission approval and anchoring the shopping center. Beyond that he would have a plan for where he would want to place existing tenants and would be able to sit down with them to see how they would play a role in the approved plan. He said he wanted to keep as many existing tenants as possible so it would behoove him to help them feel less vulnerable through the process. With respect to retention very often, new tenants are willing to pay much higher rents than existing tenants. Many of his existing tenants have stepped up to market or close to market rates and he has refurbished their spaces and their businesses have flourished as a result and they are very happy with their locations. Sometimes tenants have --%)a be incubated for a period of three or four months in order for -him -have tie time to refinish their space. He cited examples of efforts to retain te, +ants. C/Torng wanted to know if Mr. McCarthy would advertise the center. He asked if Mr. McCarthy was confident he could rent the entire medical/office building spaces. Mr. McCarthy responded that the office vacancy in Diamond Bar was less than five percent which was unusual for a sub -market of Los Angeles. What the City was lacking was a medical facility. Ideally, he would like to have a full -floor anchor tenant on the ground level and then fill the upper floors with doctors and groups of doctors with varying specialties. VC/Low reopened the public hearing. Dr. Sanjay Doshi, 2839 Diamond Bar Boulevard, said he gathered from the discussion that if approved there would be a drive-through coffee use at his location. He wanted to know what "incubation" meant because dentistry is a heavily developed space and not conducive to temporary relocation. He anticipated major changes and felt that more tenants would produce a safer atmosphere at the center. He suggested that Mr. McCarthy move AAA to the proposed medical office building location and refurbish the AAA building to a medical office building for better visibility. He believed that once his signage was not available to Diamond Bar Boulevard he would lose business. He also suggested that the theater be refurbished to professional use instead of retail. If the center accommodates the amount of food usage proposed there would likely be a parking problem. He understood the reason for revealing the anchor tenant when the time was right but he believed it would help the existing tenants if they had an interim arrangement so that they would not be looking for a new location. He was looking for support from the City and from the shopping center owner to remain at the center. NOVEMBER 8, 2405 . PAGE 9 PLANNING COMMISSION Ann Cheon, Manager, Y.I.C. Taekwando, 2815 S. Diamond Bar Boulevard explained that she and her father own the studio and are 100 percent behind Mr. McCarthy. Her primary concern was that a lot of the older tenants were apprehensive about what would happen when new tenants came in and they would like for Mr. McCarthy to give some special consideration to the old tenants who had struggled to stay in business at the center. She said she wanted her concerns on the record and planned to speak with Mr. McCarthy in person. VC/Low closed the public hearing. C/Nolan said he still saw a lot of question marks and small negative nuances - �- 10 the project -that were not specific to- his comments.: Where =he goes to conferences and looks at what has been done to build and refurbish centers those plans are certainly more elaborate than the plans proposed by the applicant. He said he was still concerned about the lack of pedestrian walkways and to him it was not that difficult to include features that would break up the mass of the parking area. He was also concerned with the redundant uses of food and food courts. He understood that the landlord wanted to fill vacancies with viable tenants and businesses. He was also concerned about the anchor tenant. Mr. McCarthy stated the anchor was someone who had been in business for some time but citing previous tenants who have occupied the center, they did not succeed so he was still concerned about whether a grocery store was a viable anchor. He was also concerned about traffic mitigation, an overriding concern throughout the City. On a positive note, the increased revenue to the City was essential based on the recent loss of two large tenants. Also very important was the morale of the people in the area. He felt the area was indeed blighted and needed refurbishing. The City talks about redevelopment but it is not the City that is redeveloping the area, it is Mr. McCarthy who is putting his dollars on the line. Some of the comments made by the business owners are part and parcel of negotiations between them and Mr. McCarthy. Because the Planning Commission is recommending a solution to the City Council his inclination would be to recommend approval based on the fact that the City Council would further review the proposed project and perhaps have the ability to secure inducements that would make it more palatable for the business owners and for the residents in the area. He felt this was one of the most important decisions that had come before him in his four years on the Planning Commission and believed that the City Council should have the opportunity to review the project and decide whether to move forward. NOVEMBER 8, 2005 PAGE 10 PLANNING COMMISSION ClTorng felt that this was a very important project for the City and could see there were areas of the project that needed to be improved. As Mr. McCarthy said, in his business he needs to have some private strategy to help guarantee success. Based on the center he visited that was 95 percent occupied, if The Country Hills Towne Center were 95 percent occupied this City would owe Mr. McCarthy a lot because it would be very important to the "life" of Diamond Bar. He felt that if Mr. McCarthy improved the landscape it would help improve the attendance at the center. He reiterated the residents' concerns that if the project moved forward Mr. McCarthy will have good communication with the current tenants so they would be able to chart their future. VC/Low agreed with ClNolan that the concerns about the landscaping, the redundant uses and the, questions -regarding the anchor tenants were -big question marks and rendered this peipct somewhat difficult. However, one does not decide a project based on the question marks but instead on careful balance between give and take. The gain for the City is that there is a project in the works that offers a solution to a desperate condition. She too was very appreciative that Mr. McCarthy was stepping up to move this project forward. Perhaps some of the other matters such as traffic and the aesthetics of the ground level of the center could be mitigated by the time the project reached City Council. She was concerned that the Commission was just now seeing the plans after two years of preparation and felt it may be necessary to place a time limit on permits and entitlements. ClTorng moved, CILee seconded to recommend City Council approval of Zone Change No. 2004-1, Conditional Use Permit No. 2004-01, Development Review No. 2004-19 and Variance No. 2004-02. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Torng, Lee, Nolan, VC/Low NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Chair/McManus 8. PUBLIC HEARING(S): 8.1 Zone Change No. 2005-01. In accordance with Development Code Sections 22.44 and 22.70 this was a request to change the existing zoning of commercial and industrial properties for the purpose of General Plan compliance. NOVEMBER 8, 2005 PAGE 11 PLANNING COMMISSION PROJECT ADDRESS: Citywide APPLICANT: City of Diamond Bar 21825 Copley Diamond Bar, CA 91765 AssocP/Lungu reported that in accordance with the provisions of the California Environmental Quality Act (CEQA) Sections 15162 and 15168 (c) (2), the City has determined proposed Zone Change No. 2005-01 was consistent with the previously certified General Plan Program Environmental Impact report and Addendum certified July 25, 1995. Therefore, further environmental review was not required for the proposed zone changes. Staff recommends that the Planning Commission adopt a resolution recommend irig'City Council approval of Zone Change No. 2005- - VC/Low opened the public hearing. Lyle Kennedy, 650 Brea Canyon Road and 21015 Washington Street, referred to APN 8719-010-007 as a one -acre parcel that had been in his family since 1955. When his parents purchased the property all of the land between the railroad tracks and 5!h Avenue (Golden Springs) was zoned Industrial. At some point, Los Angeles County decided to allow residential uses between Washington Street and what is now the freeway. He said that in his opinion it was poor planning to rezone a flat area residential and it should have remained Manufacturing/industrial. Now Washington cannot be used as an Industrial street because residents have a vested interest in excluding truck traffic. He guessed that the area between the railroad and the freeway should be Industrial in the City's General Plan even though it would be a long-term approach that would enhance public revenue and reduce costs. He asked what the allowed uses would be under the proposed Industrial zone and said he was unhappy with the change. The Alameda Corridor continues to expand and although his property has been inspected for purchase he has received no firm offer for purchase. Eric Everhart, representing the Evangelical Free Church of Diamond Bar, 3255 S. Diamond Bar Boulevard, said his church did not understand the ramifications of the proposed zone change and how it would affect the church. He requested that the Board of Elders have the opportunity to receive a report from staff regarding potential impacts to the church. Claudia Salazar, representing the owner of Plaza Diamond Bar, 1900-2040 Brea Canyon Road, was concerned about how the plaza would be affected. NOVEMBER 8, 2005 PAGE 12 PLANNING COMMISSION One building burned and the owner was in the process of obtaining permits to rebuild. The other four buildings were primarily retail and the zone change would be from C-2 to Office. She wanted to know if the 180 -day rule would affect the completion of the plaza. The owner would prefer that the C-2 zoning remain in place. VC/Low closed the public hearing. ICDDIFong reported that she provided Mr. Kennedy with a copy of the Industrial zoning land use matrix that indicates the permitted uses and uses requiring CUPs. All churches in Diamond Bar can be located in any zoning district as long as they have applied for a Conditional Use Permit. In fact, Evangelical Free Church has an approved Conditional Use Permit and the zorr�harige does not affect the church: -' ACAIWohlenberg stated that generally speaking, a change in zoning from residential to commercial would increase the property value. Should the church choose to relocate they would have a commercially zoned parcel of property that should be worth substantially more than the residentially zoned property. CILee was concerned that the residents and property owners had not received adequate notice and time to learn how the proposed changes would affect their property. ACAIWohlenberg said that because of the number of parcels involved the government allows the City to publish notice in the newspaper. Because staff felt that may be inadequate although legally adequate they decided to mail notices to all involved property owners. Therefore, the noticing was more than what was required by law. ICCD/Fong indicated to Ms. Salazar that if the use was in the building prior to when the new Code was in effect the use was "grandfathered" in and the use could remain as long as the owner chose to operate in that location. For example, even though the mini -market was not a permitted use it could continue as long as it remained a mini -market. If the mini -market should move away the space may have to be leased out to conform to existing uses under the current code. ACAMohlenberg explained that when an existing business was damaged or destroyed as in the case of the fire the general rule was that if it was more than 50 percent destroyed the use was considered terminated and if it was less than 50 percent destroyed it could be rebuilt. However, in this case the restaurant had been issued building permits and would soon commence NOVEMBER 8, 2005 PAGE 113 PLANNING COMMISSION construction. The contemplated zone change has not yet taken affect and would not take affect until 30 days after Council approval. ICDDIFong explained that the burned building was actually an office building even though there was a restaurant in the building and replacing the office building was not replacing a non -conforming use and was permitted in the office/commercial zone. It was the use inside of the building that may be of concern and a restaurant was allowed in an OP zone. The mini -market could potentially be an issue. However, the mini -market was already open and would therefore be allowed since the business was moved adjacent to the burned out location with very little downtime. C/Nolan asked if it were necessary for all changes to be done simultaneously. He..understood that there -would be-�:=.o.changes to -anything church related. However, he noted that others may fee: differently and in light of the fact that it had lingered for some time, would it be prohibitive to continue that portion for 30 days. ACAIWohlenberg said that legally a City could change the zoning code as many times as it liked. However, the City is limited in the number of times it could change the General Plan, the constitution of local land development. This action was being taken merely to bring the zoning code into compliance with the General Plan and the City would like to do that as expeditiously as possible even though several years have passed since attempting to get this project completed. If the Commission would so choose it could act on some of the changes and not on others. ICDDIFong stated that this was the first in a series rezoning requests staff would be bringing to the Commission and to the City Council and staff could remove one parcel and move it to the next series to allow the church board an opportunity to discuss whether the zone change would impact the church, for example. CILee wondered if the entire matter could be continued so that residents could have an opportunity to better understand the process and the concept. AssocP/Lungu reiterated that she received about 35 calls from residents. ICDDIFong stated that because property owners were not present this evening it indicated to staff that they were in favor of or had no comment on the rezoning. There are three property owners concerned about their properties and if the Commission so directs staff could place those items of NOVEMBER S, 2005 PAGE 14 PLANNING COMMISSION concern on a future agenda to give staff an opportunity to meet with the church and better help the board members to understand how rezoning would impact their properties. CILee said that as a Planning Commissioner he must be comfortable in reaching a decision and if he is not comfortable he cannot decide and does not want to give up his right. He would like to approve the rezoning changes because it makes sense to him. However, the residents seem to have questions and concerns that he felt needed to be addressed. ClNolan moved, C/Torng seconded that the Planning Commission adopt a resolution recommending City Council approval of Zone Change No. 2005-01 with the exception of Sited 5, 6, 14 and 18. Motion carried by the ft".cwing..Roll..Call vote: AYES: COMMISSIONERS: Nolan, Torng, Lee, VC/Low NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Chair/McManus 9. PLANNING COMMSSIONER COMMENTSIINFORMATIONAL ITEMS: CILee felt that Mr. McCarthy had spent a lot of time and energy toward the refurbishing of the Country Hills Towne Center and he wished Mr. McCarthy and his company the best of luck. He felt the project would help to rejuvenate downtown retail businesses in general. ClTorng also wished Mr. McCarthy and his company much success in their endeavor and hoped the project would move forward under staff's watchful eyes to make sure that it was a good project for the City. ClNolan commended VC/Low on her skillful chairing of tonight's meeting. 10. STAFF COMMENTS AND INFORMATIONAL ITEMS: 10.1 Public Hearing dates for future projects. 10.2 Status of approved projects. 11. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. NOVEMBER 8, 2005 PAGE 15 PLANNING COMMISSION ADJOURNMENT, With no further business before the Planning Commission, VC/Low adjourned the meeting at 8:30 p.m. Respectfully §ubmitted Nancy Fong Interim Communi Ment Director i Attest: Ruth L w, Vice Chairperson N t w loo � o O m bn O Q E ,O a. C7 Ch O bra U 0 0 O b 3 � T � NA, Ir 1w: r6, u m C13 4-j O C) N Qi bi) ca bl) .4 0 N -4t 0 r 0 CL > 00 L. cu Co by 0 E ■ ■ cci U U 0 � I a LO 0 . 0 N bf) W 0 c a� w o . N 1 0 m Q m a O E cuO o r 0 iP N O � r O S by CO I G �+ bA 4 y �L Lig Y,} 46 4 «; 411. , {414 _. K F' y• � 'eye ' • .o rl. Lf) 0 N HP cu .r�1 V c 0 N I m 0 0o 0 E ca C O c� fl) a bD w ■ -M 9 ■ i ■ ■ •• r ■ 0 c'� { cc • O U N ca r ^ A N w x � - cc op .. ca a v ryy+ 1 •• C6 { cc a) ca r ^ A OD im IF N ■ ■ c� U U 4) �O 1 0 O N N o N c U w C . O N o t a� C Q o_ C3 ch C `d N � O a) . > —4 Q o N r {a {� un d7 � 4-+a .� y Am dd ■ 03 �• ca dL " o . O dm d F = AAS ? Co b!} r,Y • .--1 LL O ' N N: �"ra . • VJ CU .flex + • '�_' � *#�`y V N :� rt $n cu` to V L7 • V1 C/) mi O Ln ■ O N O O m Q O . O tO N 5- o N c w ca U .c� � o c C 'v� O E Q J a C ua . O] 6� Cw O c / N VJ Obi) t C I 4 ........... LU �.� Elm I T f # Iii - 14 j 2- ANAU 41 f .w U ■ ■ c� 0, I ■ r w Few cx3 ''d } t 4r r V3M rA IF I LP3 L-1 ■ ■ ■ c� c� O LO o O O N . O cc 0 t N L) as o w N t � o Q Cd CIO, O m 0 co E N O cuJ O � � o O � O � D � c� Q V � cc a DCd m V 0 E N D 7:; J O � 4-1 tL c r - N L P 0 LO 0 0 N �-1 r. s U 0 N? l 0 E J 06 4-1 V} 0 U J 4- 0 a� C L- 0 0 U N m bI? rn W ■ ,R 9 r -M ■ .] LL Q 0 q CD a 0 v Z v E J 4- 0 a� 0 a CD QD am Y jax k. ■ ■ ■ 03 a� a� 'o TOO 0 o N •� � o N Cc t � U w c . o N o LL. Q o a o Z E 4- 0 ♦, N ■ ■ cd U U U �O bA r- -4 O N bf) a-+ r � 0 w O . O Yj 0 On (g) Develop a slope density ordinance which shall be applied to all land use designations in the City. Such slope density shall reduce the number of dwelling units otherwise designated for the property as a function of average slope of the. land in question in excess of 25 percent. Average slope is defined as follows: I = Contour interval in feet Slope = 0.002296 1 L L = Summation of length of all A contours in feet A = Area in acres of parcel considered 1.1.2 Ensure that the land use classification system provides adequate separation and buffering of less active residential uses from more intense land uses, major streets, and highways. 1.1.3 Identify commercial land use categories to provide for a range of retail and service uses to serve City needs and to guide development within the City and its Sphere of Influence. (a) Encourage active pursuit of commercial development in Gateway Corporate Center as a means of increasing City revenues. (b) Establish General Commercial (C) areas to provide for regional, freeway - oriented, and/or community retail and service commercial uses. Development of General Commercial areas will maintain a floor area ratio (FAR) between 0.25 and 1.00. (c) Designate Commercial Office (CO) land use areas on diverse, mixed use commercial retail, office and service properties. Development within. Commercial Office areas will maintain an FAR between 0.25 and 1.00. (d) Designate Professional Office (OP) areas to provide for the establishment of office based working environments for general, professional, and administrative offices, as well as support uses. Developihent within Professional Office areas will maintain an FAR between 0.25 and 1.00. 1.1.4 Areas designated Light LidusErial (1) on the General Plan Land Use Map are to provide for light' industrial, research and development, and office based industrial firms seeking a pleasant and attractive working environment, as well as for business support services, and commercial uses requiring more land area than is available in General Commercial or Commercial Office areas. These areas will maintain a maximum floor area ratio of 0.25 to 1.00. 1.1.5 The Public Facilities (PF) designation is designed to identify existing or potential (future) sites for necessary public facilities or infrastructure improvements. The primary purpose of land designated as Public Facilities, is to provide areas for the conduct of public and institutional activities, such as public schools, paries and water facilities, including but not necessarily limited to local, State, and Federal agencies, special districts, and both public and private utilities. These uses maintain development standards which do not exceed that of the'most restrictive adjacent designation. Diamond Bar General Plan Land Use Element July 25, 1995 I-1.1 1.1.6 Areas designated as Open Spare (OS) provide recreational opportunities, preservation of scenic and environmental values, protection of resources (water reclamation and conservation), Protection of public safety and preservation of an life. This designation also includes lands which may have been restricted to open space by map restriction, deed (dedication, condition, covenant and/or restriction), by an Open Space Easement pursuant to California Government Code (CGC), Section 51070 et seq. and Section 64499 et seq. This designation carries with it a maximum development potential of one single family unit per existing parcel, unless construction was previously restricted or prohibited on such properties by the County of Los Angeles. 1.1.7 Provide Park (PK) designations for existing and future public parks. Designate the Diamond Ear Country Club as Golf Course (GC). Designate major private recreational facilities (e. g. Little League ball fields, YMCA) as Private Recreation (PR). The Private Recreation designation may be applied to lands required to be set aside for recreational use which have not been dedicated to or accepted by a public agency; no development may take place on these lands other than open space uses specifically permitted by the applicable Planned Unit Development and/or deed restriction. 1.1.8 Areas designated as Planning Areas (PA) are designed to conserve open space resources and are to be applied to properties where creative approaches are needed to integrate future development with existing natural resources. All proposed development within these designated areas shall require the formation of a Specific Plan pursuant to the provisions of Government Code Section 65450. Land uses which may be appropriate within the planning areas shall be subject to public hearings and approval of the City Council. Each Specific Plan must incorporate innovation and superior design addressing the uniqueness of each area and create a more desirable living environment than could be achieved through conventional development. 1.1.9 Encourage the innovative use of land resources and development of a variety of housing and other development types, provide a means to coordinate the public and private provision of services and facilities, and address the unique needs of certain lands by recognizing Specific Plan (SP) overlay designation: (a) for large scale development areas in which residential, commercial, recreational, public facilities, and other land uses may be permitted; and, (b) large acreage property(ies) in excess of ten (10) acres that are proposed to be annexed into the City. At such time as development might be proposed, require formulation of a specific plan pursuant to the provisions of Government Code Section 65450 for the Sphere of Influence area that will protect its unique biological and open space resources, create fiscal benefits for the City and enhance its infrastructure, while minimizing future adverse impacts to both the human and natural environment of the City, as well as the region (see Strategy 1.1.4 of the Circulation Element). 1.1.10 Within the Agricultural (AG) designation, permit single family residential at a maximum density of 1.0 dwelling unit per 5 gross acres (1.0 du/5ac), agricultural and compatible open space, public facility, and recreation uses (see also Land Use Element Strategies 1.6.3 and 1.6.4). Diamond Bar General Plan Land Use Element July 25, 1995 11-72 ON • § 22.06.040 DIAMOND BAR CODE (d) Standards for parcels with multiple zoning districts. The following standards apply to the proposed development or subdivision of parcels that are or may be designated with more than one zoning district: (1) Existing parcel in multiple zoning districts. Where an existing parcel is zoned in two or more zoning districts, each portion of the parcel in a separate district shall be developedlused in compliance with the requirements of the applicable district. (2) Parcels proposed for consolidation. Where a lot line adjustment or tentative map application proposes the consolidation of two or more parcels, so that a single parcel would be covered by two or more zoning districts, the application for adjustment or map approval shall be accompanied by an application for rezoning the lot into a single zoning district, in compliance with chapter 22.70 (General Plan., Development Code, and Zoning Map Amendments). (e) Conflicts between provisions. Rules for resolving conflicts between different develop- ment code provisions may be found in. section 22.04.020(f) (Rules of interpretation— Conflicting requirements). TABLE 2-2 ZONING CONSISTENCY MATRIX Supp: No. 6 CD22:22 Applicable Development General Plan Designation Existing Zoning District Code Standards Agriculture (AG) Light Agriculture A-1 Agriculture (AG) Mag 1 DU/AC Heavy Agriculture A-2 Rural Residential (RR) R-1 40,000 Rural Residential (RR) Max 1 DU/AC R-1 20,000 Low Density Residential (RL) RPD 20,000 Low Density Residential (RL) Max 3 DU/AC R-1 15,000 R-1 10,000 RPD 10,000 R -A 10,000 R-1 9,000 R-1 8,500 PA -2 /SP Low Medium Residential R-1 8,000 Low Medium Residential (RLM) RPD 8,000 ' (RIM) Max 5 DU/AC R -A 8,000 R-1 7,500 R-1 6,000 R-2 Medium Density Residential R-3 up to 12U Medium Density Residential (RM) (RM) 12 DU/AC Supp: No. 6 CD22:22 DEVELOPMENT CODE § 22.08.010 (Ord. No. 02(1998), § 2, 11-3-98; Ord. No. 02(2000), 4-4-00; Ord. No. 02(2001), § 1, 11-6-01) CHAPTER 22.08. RESIDENTIAL ZONING DISTRICTS Sec. 22,08.010. Purpose of chapter. This chapter provides regulations for development and new land uses in the residential zoning districts. established by section 22.06.020 (Zoning distracts established). (Ord. No. 02(1998), § 2, 11-3-98) Supp. No. 8 CD22:23 Applicable Development General Plan Designation Existing Zoning District Code Standards Medium High Density Residen- R-3 up to 16U Medium High Density Residen- tial (RMH) tial (RMH) 16 DU/AC High Density Residential (RH) R-3, R-3, to 20U High Density Residential (RH) 20 DU/AC General Commercial (C) Commercial Planned Develop- Neighborhood Commercial Max 1.0 FAR ment (CPD) (C-1) Restricted Business Zone (C-1) Commercial Highway Zone (C -H) �CGMciuerclal Recxea ion Z011 -ie (C-R) General Commercial (C) Neighborhood Business Zone Community Commercial (C-2) Max 1.0 FAR (C-2) General Commercial (C) Unlimited Commercial Zone Regional Commercial (C-3) Max 1.0 FAR (C-3) Office Professional (OP) Commercial Manufacturing Office Professional (OP) or Of - Mau 1.0 FAR Zone (CM) fice Business Park (OB) addi- tional uses for Gateway Cor- porate Center Light Industrial (1) Manufacturing -Industrial Light Industry (I) Max 1.0 FAR Planned Zone (MPD) Light Manufacturing Zone (M-1) Restricted Heavy Manufactur- ing Zone (M-1.5) Open Space Open Space Open Space/Conservation (OS) (Ord. No. 02(1998), § 2, 11-3-98; Ord. No. 02(2000), 4-4-00; Ord. No. 02(2001), § 1, 11-6-01) CHAPTER 22.08. RESIDENTIAL ZONING DISTRICTS Sec. 22,08.010. Purpose of chapter. This chapter provides regulations for development and new land uses in the residential zoning districts. established by section 22.06.020 (Zoning distracts established). (Ord. No. 02(1998), § 2, 11-3-98) Supp. No. 8 CD22:23 DEVELOPMENT CODE § 22.10.020 CHAPTER 22.10. COMAIERCIAIANDUSTR.IAL ZONING DISTRICTS Sec. 22.10.010. Purpose of chapter. This chapter provides regulations for development and new land uses in the commercial and industrial zoning districts established by section 22.05.020 (Zoning districts established). (Ord. No. 02(1998), § 2,11-3-98) Sec. 22.10.020. Purposes of commercial/industrial zoning districts. The purposes of the individual commercial and industrial zoning districts and the manner in which they are applied are as follows. (1) Op (office, professional) district. The OP zoning district is intended for areas appro- priate for office -based worldng environments for general, professional, and adminis- trative offices, and similar and related compatible uses. The allowable floor area ratio for nonresidential development shall be from 0.25 to 1.00. The OP zoning district is consistent with the professional office land use category of the general plan. (2) OB (office, business park) district. The OB zoning district is intended for areas appropriate for larger scale, headquarters -type office facilities and business park developments, and similar and related compatible uses. The allowable floor area ratio for nonresidential development shall be from 0.25 to 1.00. The OB zoning district is consistent with the professional office land use category of the general plan. (3) CO (commercial office) district. The CO zoning district is intended for areas appropri- ate for a diverse mix of office, retail, and service -related uses, with office -type facilities being the primary uses. The allowable floor area ratio for nonresidential development shall be from 025 to 1.00. The CO zoning district is consistent with the commercial office land use category of the general plan. (4) GI (neighborhood commercial) district. The C-1 zoning district is applied to areas appropriate for retail sales, offices, and services serving the daily needs of nearby residents. The allowable floor area ratio for nonresidential development shall be from 0.25 to 1.00. The C-1 zoning district is consistent with the general commercial land use category of the general plan. (5) C-2 (community commercial) district. The C-2 zoning district is applied to areas appropriate for a wide range of retail shopping and service uses, primarily intended to serve the needs of Diamond Bar residents. The allowable floor area ratio for nonresidential development shall be from 0.25 to 1.00. The C-2 zoning district is consistent with the general commercial land use category of the general plan. (5) C-3 (regional commercial) district. The C-3 zoning district is applied to areas appropriate for large-scale commercial uses serving residents and businesses within the region. The allowable floor area ratio for nonresidential development shall be from 0.25 to 1.00. The C-3 zoning district is consistent with the general commercial land use category of the general plan. Supp. No. 6 CD22:29 § 22.10.020 DIAMOND BAR, CODE (7) I (light industry) district. The I zoning district is applied to areas appropriate for light industrial/manufacturing uses including research and development, office -based in- dustrial uses in an "industrial park" setting, business support services, and commer- cial uses requiring larger sites than are available in the commercial zoning districts. The allowable floor area ratio for nonresidential development shall be from 0.25 to 1.00. The I zoning district is consistent with the light industrial land use category of the general plan. (Ord. No. 02(1998), § 2, 11-3-98) Seo. 22.10.030. Commercial/industrial district land uses and permit requirements. Tables 2-6 and 2 identify the uses of land allowed by this development code in the commercial and indus 'al zoning districts, and the land use permit required to establish each use, in compliance with ection 22.06.040 (Zoning district regulations). Note: Where the last co in the tables ("See Standards in Section') includes a section number, t' he regulations inth referenced section apply t0 the use; however, provisions L-1 other sections of this development co a may also apply. TABLE 2-5 ALLOWED USES AND PERMIT FOR OFFICE -ZONING DISTRICTS LAND USE (1) Permit Requirement by Dis- trict OP OB (3) CO See Standards in Section: MANUFACTURING & PROCESSING Electronics, appliance, and equipment manu- factoring C (4) Handcraft industries . CUPW Media production I' Paper product manufacturing CUP(4) Research and development CUP RECREATION, EDUCATION & PUBLIC ASSEMBLY USES Clubs, lodges, and private meeting hails P P P Community/cultural centers P I' Cultural facilities, libraries and museums P P P Indoor amusement/entertainment facilities CUP Health/fitness facilities CUP CUP Outdoor recreation CUP Parks and playgroundsP P P Religious places of worship CUP CUP CUP Schools, public and private P P P Studios, art, dance, music, photography, etc. CUP Supp_ No. 6 CD22:30 • 0 a § 22.12.010 DIAMOND BAR. CODE allowed density for new residential development within this zoning district will be one dwelling unit per parcel, unless construction was previously restricted or prohibited by Los Angles County. The OS zoning district is consistent with the open space land use category of the general plan. (3) REC (recreation) district. The REC zoning district is applied to areas appropriate for ------------------- active and passive recreational uses including golf courses, public parks, and private, primarily outdoor, recreation facilities. The REC zoning district is consistent with the golf course, park, and private recreation land use categories of the general plan. (4) SP (specific plan) district. The SP zoning district is applied to specific subareas identified in the general plan as planning areas (PA), where site characteristics require careful and creative design to integrate proposed development with existing natural resources. The type, amount, and mixture of land uses allowed within the SF district shall be determined through the specific plan process. The SP zoning district is consistent with the planning areas and specific plan overlay land use categories of the general plan. (Ord. No. 02(1998), § 2, 11-3-98) Sec. 2212.024. Purpose�of special purpose zoning districts. Section missing Sec. 22.12.030: Special purpos�district land use and permit requirements. (a) General requirements. Table 2-8 N entifies the uses of land allowed by this development code in each special purpose zoning disiri and the land use permit required to establish each use, in compliance with section 22.06.040 ( ning district regulations). Note: Where the last column in the tables Mee standards in section") includes a section number, the regulations in the referenced section a ly to the use; however, provisions in other sections of this development code may also apply. (b) Requirements for the SP (specific plan) distric .Allowable land uses and permit requirements for the SP zoning district shall be deter ed by the council through the approval.of a specific plan, in compliance with chapter 22.60NSpecific Plans). TABLE 2-8 ALLOWED USES AND PERMIT RE( FOR SPECIAL PURPOSE ZONING LAND USE (I) PERMIT REQ U EMENT BY DISTRICT AG 0S e standards REC i Section: AGRICULTURAL USES Crop production and grazing P RECREATION, EDUCATION, PUBLIC ASSEMBLY USES Supp. No. 6 CD22:40 § 22.10.020 DIAMOND BAR CODE (7) I flight industry) district. The I zoning district is applied to areas appropriate for light industriallmanu#acturing uses including research and development, office -based in- dustrial uses in an "industrial park:" setting, business support services, and commer- cial uses requiring larger sites than are available in the commercial zoning districts. The allowable floor area ratio for nonresidential development shall be from 0.25 to 1.00. The I zoning district is consistent with the light industrial land use category of the general plan. (Ord. No. 02(1998), § 2, 11-3-98) Sec. 22.10.030. Comm erciallindustrial district land uses and permit requirements. Tables 2-5 and 2-6 identify the uses of land allowed by this development code in the commercial and industrial zoning districts, and the land use permit required to establish each use, in compliance with section 22.06.040 (Zoning district regulations). Note: Where the last column in the tables ("See Standards in Section") includes a section Iitlnlber, the regulations in the referenced section apply to the use; however, prov'i$lOns in tither sections of this development code may also apply. TABLE 2-5 ALLOWED USES AND PERMIT REQUIREMENTS FOR OFFICE ZONING DISTRICTS Supp. No. 6 CD22:30 Permit Requirement by Dis- trict LAND USE (I) 1 OP I OR (3) CO See Standards in Section: MANUFACTURING & PROCESSING Electronics, appliance, and equipment manu- facturing CUP(4) Handcraft industries CUPM Media production P Paper product manufacturing CUP(4) Research and development CUP RECREATION, EDUCATION & PUBLIC ASSEMBLY USES Clubs, lodges, and private meeting halls P P P Community/cultural centers P P P Cultural facilities, libraries and museums P P P Indoor amusement/entertainment facilities CUP Health/fitness facilities CUP CUP Outdoor recreation CUP Parks and play grounds P P P Religious places of worship CUP CUP CUP Schools, public and private P P P Studios, art, dance, music, photography, etc. I CUP Supp. No. 6 CD22:30 DEVELOPMENT CODE § 22.I.0:030 RETAIL TRADE USES Permit Requirement by Dis- P P trict Alcoholic beverage sales, off-site, in corijunc- tion with the sale of motor fuel (5) CUP CUP CUP See Standards LAND USE (I) OP OB (3) CO in Section: Theaters, auditoriums, meeting halls CUP CUP CUP RETAIL TRADE USES Alcoholic beverage sales, off-site (5) P P P Alcoholic beverage sales, off-site, in corijunc- tion with the sale of motor fuel (5) CUP CUP CUP Alcoholic beverage sales, on-site MCUP MCUP MCUP Art, antique, collectable, and gift sales P Bars and nightclubs CUP Convenience stores P General retail stores P Pet shops P Restaurants P P P Service stations P P I P SERVICE USES Automated teller machines (ATMs) P P P Banks and financial services P P P Business support services P P P Carwash, fully automated and accessory to service station only CUP CUP CUP Child day care centers CUP CUP CUP 122.42.040 Hotels and motels P P Medical services ----Clinics and laboratories CUP P P Medical services—Hospitals CUP CUP CUP Offices---Administrative/business P P P Offices—Production P P P Offices—Professional P P P Personal services P P P Personal services—Acupressure, massage ther- apy, tatoo parlors CUP CUP CUP Public utility or safety facilities P P P Service stations P P P TRANSPORTATION AND COMMUNICATIONS USES Heliports CUP Radio and television antennas and wireless telecommunications antenna facilities (3) 22.42.130 Utility lines P P P Supp. No. 6 CD22:31 § 22.10.030 DIAMOND BAR CODE KEY TO PERMIT REQUIREMENTS Symbol Permit Requirement Procedure is in Chapter P Permitted use, zoning clear- 22.46 MANUFACTURING & PROCESSING ance required (2) - MUP Conditional use, minor condi- 22.56 tional use permit required (2) CUP Conditional use, conditional 22.58 use permit required (2) Use not allowed (see section P 22.04.020(h) regarding uses not listed) P Notes: (1) See article VI for definitions of each of the land uses listed. (2) See chapter 22.48 for development review requirements for all uses. (3) Radio and television antennas and wireless telecommunications antenna facilities shall be permitted pursuant to the standards contained within Ordinance No. 04(7.999). (4) Use allowed only when accessory to an office use. (5) ' Shall be a minimum of 150 feet from any school. TABLE 2-6 ALLOWED USES AND PERMIT REQUIREMENTS FOR COMMERCIAL(INDUSTRIAL ZONING DISTRICTS Supp. No. 6 CD22:32 Permit Requirement by District LAND USE (I) C -.i C-2 C 3LI_Jin e Standards Section: MANUFACTURING & PROCESSING Chemical product manufacturing CUP Electronics, appliance, and equip- ment manufacturing P Fabric product manufacturing P Food and beverage manufacturing P Furniture and fixtures manufactur- ing, cabinet shops P Glass product manufacturing P Handcraft industries P Laundries and dry cleaning plants CUP Lumber and wood product manufac- turing P Supp. No. 6 CD22:32 DEVELOPMENT CODE § 22.10.030 Supp. No. 8 CD22:33 Permit Requirement by District LAND USE (1) C-1 C-2 C-3 See Standards in Section: Metal products fabrication, machine/ welding shops P Paper product manufacturing P Plastics and rubber product manu- facturing P Printing and publishing P Recycling—Reverse vending. ma- chines P P P Recycling—Small collection. facility P I P P Research and development (R('–%,D) P Small scale manufacturing P Warehousing, wholesaling and dis- tribution P RECREATION, EDUCATION & PUBLIC ASSEMBLY USES Adult oriented businesses P 22.42.020 Clubs, lodges, and private meeting halls CUP CUP Community/cultural centers CUP Cultural facilities, libraries and mu- seums P P P Health/fitness facilities CUP CUP Indoor amusement/entertainment fa- cilities CUP CUP Outdoor recreation CUP Religious places of worship CUP CUP CUP CUP Schools—Public and private P P Schools --Specialized education and training P P P P Studios—Art, dance, music, photog- raphy, etc. is":' CUP CUP CUP Theaters, auditoriums, meeting halls CUP CUP RETAIL TRADE USES Alcoholic beverage sales, off-site (3) P P P Alcoholic beverage sales, off-site, in conjunction with the sale of motor fuel (3) CUP CUP CUP Alcoholic beverage sales, on-site MUP MUP MUP Art, antique, collectable, and gift sales P P P Auto and vehicle sales/rental CUP Supp. No. 8 CD22:33 § 22.10.030 DIAMOND BAR CODE ! Permit Requirement by District I LAND USE (1) C-1 C-2 C-3 I in See Standards Section: Auto parts sales P P Auto sales, indoor only P Bakery, retail P P P Bars and night clubs CUP CUP CUP Building material stores P Certified farmers market P Convenience stores P P P P Drive-in and drive-through sales CUP CUP CUP Fueling stations, gasoline, diesel, and electric only P P P P Furniture, furnishings, and appli- ance stores P P General retail stores P P P Grocery stores P P Mobile home and recreational vehi- cle sales P Outdoor retail sales and activities P P 22.42.080 Pet shops P P P Plant nurseries and garden supply stores P P i Restaurants P P P Restaurants with outdoor dining MUP MUP MUP Second hand stores P P Service stations P P P Shopping center CUP CUP Warehouse retail stores CUP SERVICE USES Ambulance services P P P Automated teller machines (ATMs) P P P Banks and financial services P P P Bed and breakfast inns CUP CUP Business support. services P , P P Car wash CUP CUP Child day care centers CUP CUP CUP 22.42.040 Drive-in and drive-through services CUP CUP CUP 22.42.050 Equipment rental (construction equipment, etc.) CUP CUP CUP Hotels and motels P P P Medical services—Clinics and labs P P P Supp. No. 8 CD22:34 DEVELOPMENT CODE § 22:10.030 KEY TO PERMIT REQUIREMJENTS Symbol Permit Requirement by District LAND USE (1) C-1 C-2 C-3 I See Standards in Section: Medical services—Hospitals CUP CUP CUP tional use permit required (2) Offices—Accessory to primary use P P P U se permit required (2) Offices—Business and professional P P P Personal services P P P Personal services—Acupressure, mas- sage therapy, tattoo parlors CUP CUP CUP Psychic readers CUP CUP Public safety facilities P P P P Public utility facilities P P P P Service stations P P P P Storage, outdoor P P 22.42.090 Storage, indoor P P Vehicle services----Maintenance/mi- nor repair P P P Vehicle services --Major repair/body work CUP P Veterinary clinics and animal hospi- tals CUP P TRA.1,MPORTATION & COMMUNICATIONS USES Heliports CUP Parking facilities/vehicle storage CUP CUP Radio and television antennas and wireless telecommunications antenna facilities(4) _ v 22.42.130 Transit stations and terminals P Utility lines P P P P Vehicle and freight terminals CUP CUP KEY TO PERMIT REQUIREMJENTS Symbol Permit Requirement Procedure is in Chapter P Permitted use, zoning clear- 22.46 ance required (2) MUP Conditional use, minor condi- 22.56 tional use permit required (2) CUP Conditional use, conditional 22.58 U se permit required (2) Supp. No. 8 CD22:35 CI TY D 1 Coulon; Veto! PUTd- Q%401S 2005 DEC -2 AN Ifs: 51 met Putt f-f,4 eop y ay, 7/v- 1"y plan q:, zi(/ D� D� 2- jacA,�M Ar 2 Q f �oatIt 6, -Ud A la, Ulty vt yo -714� /04/ &17' ,�,� .� vim' ((�G fa ��� a .: �' (-)%7�. ��(D �� 17 (hop, e'O C2,�(� (�� %�c �;��w � � (/a (� r� ��. �� � --DDS-�i�c. �, (( (�; 2� (tom (/k (� � C� X �' � � ('�:r�'�- ([���C v�C � � �t-(his �'�• (7�wL � (il��� 6�� Iva A"ffewl�, 2 RR Rural Residential (max. 1 du/acre) ORANGE C -NTY S School PK Paris ,7 ,77, �,� RL Low Density Residential (max. 3 du/acre) RLLow—Medium Residential (max. 5 du/acre) PR Private Recreation r RM Medium Density Residential (max. 12 Wacre) SP RMH Medium Nigh Density Residential (max. 16 du/acre) RN Nigh Density Residential (max. 20 du/acre) G General Commercial (max. 1.0 FAP,) CO Commercial/Office (max. 1.0 FAR) OP Professional Office (max. 1.0 FAR) Lighl Industrial (max. 1.D FAR) PF Public Facility Vel Water _ F Fire ORANGE C -NTY S School PK Paris ,7 ,77, �,� GC Golf Coarse OS Open Space PR Private Recreation r AG Agriculture (max. 1 du/5 acres) SP Specific Plan Overlay PA Planning Area City Boundary ®®� Sphere of Influence , V Significant Ecological Area GENERAL PLAN LAND USE MAP ADOPTED - July 25,1995 scale 0 1800' 3600' north Figure I-2 ZONE CHANGE NO. 2005-01 MATRIX/COMMERCIAL/INDUSTRIAL (Without General Plan Amendment) November 8, 2005 (As recommended by the Planning Commission) COMMERCIAL Property I.D. No./APN General Plan Existing Zoning Proposed Zoning Zone Change Reason #1) Sunset Crossing Rd./ Diamond Bar Blvd. 8703-001-061 (Weinerschnitzel) C C -M C-2 General Plan consistency and C-2 because the site is 8703-001-062 (vacant lot) (General Commercial) (Community Commercial) adjacent to residential use #2) Diamond Bar Blvd./Palomino Dr. C-3 General Plan consistency. The site is next to two 8281-024-052 (Chevron Station) C C-2 (Regional Commercial) freeways and staff believes that a change from C-2 to C-3 is appropriate. This zoning designation will provide (water plant/no record on assessor's site) a broader range of uses which will foster economic development. #3) Diamond Bar Blvd. between Palomino Dr. and Golden Springs Dr. (Von's/Sav- On/Mobil/bank 8281-010-049 C C-2 C-3 General Plan consistency. The site is next to two 8281-010-050 C C-2 C-3 freeways and staff believes that a change from C-2 to 8281-010-051 C C-2 C-3 C-3 is appropriate. This zoning designation will provide 8281-010-057 C C-2 C-3 a broader range of uses which will foster economic 8281-010-058 C C-2 C-3 development. 8281-010-054 C C-2 C-3 8281-010-047 (medical office bldg.) C C-2 C-2 (no zone change) There is no change in the zoning designation because the site is adjacent to a residential use. #4) Montefino Ave./ Diamond Bar Blvd. 8293-044-015 (office bldg.) CO C-3 CO General Plan consistency (Commercial Office) 8293-044-016 (parking lot) CO C-3 CO General Plan consistency Property I.D. NoJAPN General Plan Existing Zoning Proposed Zoning Zone Chan a Reason #5) Diamond Bar/ Cold Springs/ Fountain Springs 8285-020-900 C C-1 C-2 General Plan consistency and C-2 is proposed for 8285-020-007 economic development and provides for a wider range 8285-020-006 of uses than existing zoning. 8285-020-052 8285-020-031 8285-020-004 (office building) OP C-1 OP General Plan consistency 8285-020-005 (Office Professional) #6) Brea Canyon Rd./Diamond Bar Blvd. 8285-028-034 (EV Free Church) C R-1-7,500 C-1 General Plan consistency and C-1 is appropriate (Removed per Planning Commission (Neighborhood because site is adjacent to residential direction) Commercial) #7) Brea Canyon Rd./Diamond Bar Blvd. (adjacent Flood Channel and Site °D") 8714-015-001 C CPD C-1 General Plan consistency #8) Grand Ave. between Montefino Ave. and Diamond Bar Blvd. 8293-002-009 (office building) OP C-3 OP General Plan consistency 8293-002-010 (parking lot) 8293-002-011 (office building) #9) Golden Springs DO Grand Ave. 8717-025-054 (office bldg) 8717-025055 (office bldg. parking lot) 8717-025-007 (parking lot) 8717-025-008 (offices, restaurant) OP OP CO CO C-3 C-3 C-3 C-3 OP OP CO CO General Plan consistency #10) Golden Springs Dr./Via Sorella (Walnut Pool, CalTrans yard) 8763-001-038 CO C-2 CO General Plan consistency 8763-001-033 MPD -BE CO 8763-001-034 C-2 CO 8763-001-035 R-1-8,000 CO #11) Brea Canyon Rd./ Via Sorella (two churches, architect's office, repair shop) CO C -H -PD CO General Plan consistency 8763-004-002 C-3 CO 8763-004-003 R-1-8,000 CO 8763-004-008 CPD CO 8763-004-010 R-1-8,000 CO 8763-004-011 Property I.D. NoJAPN General Plan Existing Zoning Proposed Zoning Zone Change Reason #12) Golden Springs between Lemon/Brea Canyon Rd. (Mc Donaid's/Chevron to Charlie's Sandwich Shop) 8763-007-001 C A-1-1-15,000 C-3 General Plan consistency. The site is next to the 8763-007-003 C -2 -BE C-3 freeway and staff believes that a change from existing 8763-007-004 C -3 -DP C-3 zoning designations to C-3 is appropriate. This zoning 8763-007-008 CPD C-3 designation will provide a broader range of uses which 8763-007-010 CPD C-3 will foster economic development. 8763-007-011 CPD C-3 8763-007-012 CPD C-3 8763-007-013 CPD C-3 8763-007-022 C-2 (Banning C-3 Way Project) 8763-007-025 C -3 -DP C-3 8763-007-026 C -3 -DP C-3 8763-007-027 C-2 C-3 8763-007-028 C-2 C-3 #13) Golden Springs Drd Lemon Ave. (strip center, Jubei, Korean restaurant) 8762-034-022 C C -2 -DP -BE C-2 General Plan consistency and C-2 is consistent with 8762-034-012 C C -2 -DP -BE C-2 Development Code designation instead of existing LA County designation Property I.D. NoJAPN General Plan Existing Zoning Proposed Zoning Zone Change Reason #14) Pathfinder Rd./Brea Canyon Rd.NVest of 57 Fwy. OP C-2 OP General Plan consistency 8765-001-007 C-2 OP 8765-001-008 C-2 OP 8765-001-009 C-2 OP 8765-001-010 CPD OP 8765-001-011 CPD OP 8765-001-012 CPD OP 8765-001-013 (Remove per Planning Commission direction) #15) SW Corner of Pathfinder/Brea Canyon Rd. 8285-029-001 CO CPD CO General Plan consistency 8285-029-002 8285-029-003 8285-029-004 8285-029-005 8285-029-006 Property I.D. No./APN General Plan Existing Zoning Proposed Zoning Zone Change Reason #16) Gateway Corp. Center 8293-050-900 OP C -M OB General Plan consistency and OB is consistent with 8293-050-002 (Office, Business park) Development Code designation for large scale, 8293-050-003 headquarters -type office facilities and business park 8293-050-005 development instead of existing LA County designation 8293-050-010 8293-050-011 8293-050-012 8293-050-013 8293-050-017 8293-050-018 8293-050-019 8293-050-021 8293-050-022 8293-050-023 8293-050-031 8293-050-032 8293-050-035 8293-050-036 8293-050-037 8293-050-038 8293-050-039 8293-050-040 8293-051-001 8293-051-002 8293-051-003 8293-051-004 8293-051-005 8293-051-006 8293-051-007 INDUSTRIAL Property I.D. No./APN Genera[ Pian Existing Zoning Proposed Zoning Zone Change Reason #17) North of Sunset Crossing/South of Happy Hallow Rd. (Little League Field) 8718-005-005 PR MPD -BE REC General Plan consistency and REC is consistent with 8718-005-006 (Private Recreation) (Recreation) Development Code zoning designation for PR 8718-005-007 8718-005-008 8718-005-011 8719-003-807 (Union Pacific RR) (in PR M 1.5 & A-1-1 REC City HNM, not in GP) #18) Washington St./East of Brea Canyon 8719-010-015 (mobile home park) RMH C -M -BE RMH General Plan consistency 8719-010-014 (Residential Medium 8719-010-013 High Density) 8719-010-009 (warehouse) I M 1.5 -BE I (Industrial) 8719-010-008 (warehouse) � M 1.5 -BE 8719-010-007 (warehouse/rouse on M 1.5 -BE T corner) (Remove Per Planning Commission Direction) Property I.D. NoJAPN General Plan Existing Zoning Proposed Zoning Zone Change Reason #19) North of Lycoming between Lemon Ave. and Brea Canyon Rd. 8760-021-005 (Shea Center) T M 1.5 -BE General Plan consistency 8760-027-001 (Pinefalls Ave.) z MPD I General Plan consistency 8760-027-002 8760-027-003 8760-027-004 8760-027-005 8760-027-006 8760-027-007 8760-027-008 8760-027-009 8760-027-010 8760-027-011 (Penarth Ave.) 8760-027-012 8760-027-013 8760-027-014 8760-027-015 8760-027-016 8760-027-017 8760-021-018 #20) North of Lycoming between Brea Canyon Rd. and Lemon Ave. 8760-021-001 (warehouse) I M 1.5 -BE I General Plan consistency 8760-021-002 (warehouse) 8760-021-006 (industrial) Property I.D. No./APN General Plan Existing Zoning Proposed Zoning Zone Change Reason #21) West of Lemon Ave./North of 60 Fwy to City boundary 8760-014-012 I M 1.5 -BE General Plan consistency 8760-014-013 8760-014-014 8760-014-015 8760-014-802 (Union Pacific RR) 8760-015-001 Z M 1.5 -BE General Plan consistency 8760-015-002 8760-015-003 8760-015-004 8760-015-005 8760-015-006 8760-015-007 8760-015-008 8760-015-009 8760-015-010 8760-015-011 Yellow Brick Road Industrial Park 8760-015-013 M 1.5 -BE I General Plan consistency 8760-015-014 8760-015-015 8760-015-018 8760-015-021 8760-015-022 8760-015-023 8760-015-024 8760-015-025 8760-015-026 8760-015-027 8760-015-028 Property I.D. No./APN General Plan Existing Zoning Proposed Zoning Zone Change Reason #21) Continued West of Lemon Ave./North of 60 Fwy to City boundary 8760-015-030 I M 1.5 -BE I General Plan consistency 8760-015-031 #22) North of 60 Fwy/South of Lycoming between Lemon Ave. and Glenwick Ave. (WVUSD) 8760-015-901 I R -A-8,000 I General Plan consistency 8760-015-902 8760-015-903 10 Agenda # 8-1 Meeting Date: February 7, 2006 CITY COUNCIL ��, f Y ,�.c,j AGENDA REP ORT TO: Honorable Mayor and Members of Pe City Council VIA: Linda C. Lowry, City Manag TITLE: CITY COUNCIL REVIEW OF CITY'S BUSINESS REGISTRATION PROGRAM RECOMMENDATION: Continue with the adopted Business Registration Program BACKGROUND: City Council's review of an "in house" business registration program began in December 2003. At numerous study sessions, the Council considered several types of business license programs such as: • Business Registration with initial fees that range from $77.50 to $10.00 and annual renewal fees that range from $42.50 to $10.00 supplemented by Los Angeles County's business license program. • Business Registration without a fee supplemented by Los Angeles County's business license program. • Business Registration with a $10.00 fee excluding home occupations. • Regulatory License Fee (non -revenue generating) with the initial and annual renewal fee based on cost recovery and terminating the City's existing contract with Los Angeles to administer our business license function; and • Business License Tax ((regulatory and revenue generating) which would be a tax and regulatory program requiring voter approval pursuant to Proposition 218 and terminating Los Angeles County's business license program At the January 18, 2005 study session, the City Council directed staff to prepare a business registration ordinance for consideration that included a $10.00 registration fee. On May 3, 2005, the Council adopted Ordinance No. 06 (2005) establishing a business registration program to supplement the Los Angeles County business license program occurred. The ordinance became effective on July 1, 2005. 1 DISCUSSION: A. Purpose of "In House" Business Registration Program The City contracts with Los Angeles County to issue business licenses. However, not all business activities required a license. Our "in house" business registration program assists the City in documenting all business activities (including home -base business and residential care facilities). The program ensures that a business is operating in the appropriate zoning district and according to applicable codes. It assists the City in understanding the types of businesses operating in the community. Additionally, information obtained from the business registration program is used to track approximately 1,500 businesses that currently exist in the City and aids in the proper receipt of sales taxes from the State. Furthermore, this program provides useful information for promoting economic development. B. Status of Business Registration Once the ordinance was adopted, staff took several steps to implement the Business Registration Program. Created a business registration application and certificate. • Created a temporary tracking system on Excel. • Created business classifications using the North American Indust Classification System (issued by Executive Office of the President, Office of Management and Budget) to facilitate in tracking different types of businesses (See attachment #4.). Created counter hand-outs and a business registration information pamphlet. • Public Information Division used DBTV and local newspapers to inform the community and posted the business registration information and application on the City's website making it possible to apply by mail. • Purchased a software business registration module from Pentamation ($25,000.00). Staff is adopting the software program to meet our needs. Compiled a list of all known businesses in Diamond Bar from the Board of Equalization area record and cross referenced the business registration log and development project logs to create a mailing list for business registration compliance. C. Cost of Administering the Business Registration Program The cost of administering the Business Registration Program was studied prior to adopting the Ordinance. Initial cost for processing an application was estimated at $42.50. This dollar amount was based on 30 minutes of staff time from the adopted fee schedule that establishes staff time at $85.00 per hour. The initial application involves Planning Division review and approval at the counter, Finance Department imputing data into the computer and the issuing of business registration certificate. F] Q After administering the program for six months, staff believes that this time and cost estimate is accurate. The annual renewal would mainly involve the Finance Department. Finance staff will do the billing and checking applications for changes (i.e. location, ownership, business activities, etc.). If changes occur, the renewal application would be reviewed by the Planning staff for zoning compliance. Once the application is approved, the Finance Department would issue the business registration certificate. It was estimated that the renewal process would take approximate 15 minutes which equates to $21.25 based on the City's fee schedule. The initial cost of the Pentamation business registration module, training and support for the first year is $25,000.00. The annual support fee is $3,800.00. The cost of the business registration pamphlet is $1,200.49. Advertising in local papers was approximately $300.00. Staff prints the applications and certificates as needed. Total start up cost excluding staff time is $26.500.00 with annual cost at $3,800.00. As shown above, costs for implementing and administering the business registration program exceed the total fees collected at $10.00 per application. Therefore, the fees are not based on cost recovery as was discussed prior to the adoption of the Business Registration Ordinance Business Registration Process Business registration process begins with the business owner/manager comes to the City Hall or mails an application to the City. The following are steps in completing business registration. Planning Division Process o Business owner/manager submits the application in person or by mail. In the future, the application may be submitted through the City's web site. o Planning staff determines whether the business is located in Diamond Bar or located elsewhere and is doing business in Diamond Bar. If the business is located in Diamond Bar, staff determines whether the business is allowed in the zone. If a zoning application (ZCL, CUP, PP, etc.) is required that process is completed prior to business registration. Most zoning applications including home based businesses in conjunction with business registration are Zoning Clearances (ZCL) with a fee of $20.00 plus a $10.00 fee for business registration. a Without a ZCL, staff approves the business registration, collects the $10.00 fee and issues a business registration certificate. 2. Finance Department Process o Receives copies of all applications, certificates and fees from the Planning Division. o Bills annually on the last day of the month of the initial registration. o Checks for location, ownership, name and business activity changes on the annual renewals. o If changes occur from the initial registration, refer application to Planning Division for review. o If no changes, issue the annual registration certificate by mail. Certain businesses may also require a business license from Los Angeles County. E. Number of Business Registration Certificates Issued From July 1, 2005 to December 31, 2005, 446 business registration certificates were issued. Of the businesses registered, 152 (34%) are in Diamond Bar and 294 (66%) are doing business in Diamond Bar (i.e. contractors, consultants, architects, etc.). So far for 2006, 42 business registration certificates were issued. Ten of the businesses registered are in Diamond Bar and 32 are doing business in Diamond Bar. F. Options to Consider At a recent City Council meeting, staff was directed to review of the City's Business Registration Program. Listed below are several options for the Council to consider. 1. Continue the adopted Business Registration Program: o The City will continue to capture business located in Diamond Bar and doing business without Planning Division approval for zoning consistency. o It will be easier to track residential care facilities. o The City will setup the new software business module from Pentamation. o Tracking the 1,500 businesses in Diamond Bar for the proper receipt of sales taxes will be easier. o The City will acquire a better understanding of the types of businesses in Diamond Bar and use the information collected for economic development programs as appropriate. 2. Continue the adopted Business Registration Program with no fee. o Council will need to modify the fee schedule and remove the $10.00 Business Registration fee. o Council will need to modify the Business Registration Ordinance to eliminate the fee requirement. o Council will need to establish a penalty/fine for not registering a business. Currently, fines are based on the $10.00 fee. o Supplement the cost of implementing and administering the Business Registration Program by amending the 2005/2006 budget to reduce regular fees. 3. Discontinue the adopted Business Registration Program. o Council will need to repeal the ordinance and remove the fee from the fee resolution. o The City will only have Los Angeles County's business license process to track businesses. o Los Angeles County does not issue a license to the majority of business activities in Diamond Bar. 4 o It will be difficult to track home-based businesses and residential care facilities. o It will be more difficult to tract the receipt of proper sales taxes from the State. o Less useful information will be available for economic development programs. G. Conclusion If the business registration program is discontinued, tracking business activities and obtaining useful information for meeting the City's economic goals will be more difficult. The information obtained from the business registration program ensures that a business is operating within the appropriate zoning district and according to applicable codes. The information obtained also ensures public health and safety by informing the City of hazardous materials used or stored or unsafe operational characteristic which are part of a business operation. The business registration program ensures that the proper receipt of sales taxes from the State is received by the City. Additionally, this program may (at the discretion of the business) allow for residents to use the City's web site to find businesses in Diamond Bar. The City's Business Registration Program is an inexpensive, simple and fast process that provides the City with useful information. PREPARED BY: 3n J. ILL/figufAssocete Planner Attachments: REVIEW NaKcy Fong, Inthfini Comm Development D ectoL__,-" Linda Lowry, City Manager 1. Ordinance No. 06 (2005); 2. City Council Resolution No. 2005 -17; 3. Business registration application; 4. Business registration classifications: and 5. Business registration certificate. 5 ORDINANCE NO. 06 (2005) AN ORDINANCE OF THE CITY OF DIAMOND BAR ESTABLISHING BUSINESS REGISTRATION AND AMENDING THE DIAMOND BAR MUNICIPAL CODE The City Council of the City of Diamond Bar does hereby ordain as follows: Section 1. Title 5 of the Diamond Bar Municipal Code is amended by adding thereto a new Chapter 5.200 to read as follows: Chapter 5.200. Business Registration Division 1. General Regulations Section 5.200.010. Definitions. The following words, terms and phrases, when used in this title, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Business means any employment avocation, occupation, profession, trade, calling, lawful game, show. exhibition, event, venture, fund-raising activity, commercial enterprise, company, corporation, joint enterprise, place of business, partnership or other activity or enterprise engaged in for gain, profit. benefit, advantage, or livelihood, whether or not a gain, profit, benefit, advantage or livelihood is earned by such business. Branch Establishment means a location where a business is conducted in addition to its main or fixed place of business. Business Registration means a process provided for in this chapter by which each business owner having a business or is doing business in the City is required to provide general information to the City. Business Registration �erfificate means a written statement issued by the City to a business owner as evidence of registering a business in the City. City means the city of Diamond Bar. Horne Based Business means a business conducted within a single-family residential dwelling unit or residential site, employing occupants of the dwelling unit, with the business activity being subordinate to the residential use of the property. Person means and includes any business owner, individual, firm, co -partnership, joint venture, association, corporation, estate, business trust, or any other group or combination acting as a unit. Premises means all lands, structures, ,:.laces and also the personal property, equipment and appurtenances connected or used in any business. Section 5.200.020. Purpose. The purpose of this chapter is to establish a regulatory mechanism whereby the City may maintain accurate record of businesses conducting business in the City, for statistical purposes and to assist in zoning compliance. Section 5.200.030. Business Registration and l=ee Required. A. Business Registration. t . No person shall conduct any business in the City without first having obtained a Business Registration Certificate, paid the applicable business registration fee and complied with any and all applicable provisions of this code. 2. When a business registration fee is imposed upon any business pursuant to this chapter and such business is conducted at one or more fixed place of business and one or more branch establishment, the fee shall be computed as if each fixed place of business and branch establishment are separate and independent. (a) A separate Business Registration Certificate shall be obtained for each business location and for each separate type of business at the same { location. 3. A Home Based Business shall be required to obtain a Business Registration Certificate prior to conducting business within a residential dwelling unit or on residential property. 4. In any business where a county, state, federal license is required, such license shall be shown to the City before a Business Registration Certificate is issued. 5. A Business Registration Certificate shall not be issued to a business which requires Workers' Compensation Insurance until satisfactory proof of having Workers' Compensation Insurance is provided to the City. B. Fee Required. t. Every person engaging in business in the City shall pay a business registration fee as prescribed by resolution adopted by the City Council, 2. The business registration fee is not a revenue raising device, but shalt bear a reasonable relationship to the service to be performed by the City and the costs incurred by the City in reviewing, processing and action upon the application. 3. The City Council shall, from time to time, review the resolution fixing the business registration fee and shall revoke, modify, adjust, add or determine any amount or rate of such Business registration fee. K Section 5.200.040. General Application Procedures. A. Every person operating a business in the City shall apply to obtain a Business Registration Certificate. Upon receipt of a completed application and any fee required, the City shall process the application and issue a Business Registration Certificate. The application may be reviewed by other City departments or governmental agencies to determine if the business premises to be occupied meet the requirements of federal, state, and local laws. B. Contents of Application. 1. Each business registration application shall contain the following: (a) Business name; (b) Business address; (c) Mailing address; (d) Phone number; (e) Fax number; (f) Employer I.D. Number (or Social Security number); (g) State resale permit; (h) State employer I.D. number; (i) State contractors/business and profession license number (if applicable); (j) Type of business being conducted; (k) Days and hours of operation: (1) Start date; (m) Type of ownership; (n) Owners or principal officers; (o) Description of all vehicles and mechanical equipment owned by or under the control of the business. {p) Business license number; (qBusiness Registration fee paid; (r.) Health permit number; csr Workers' Compensation Insurance Policy number, date and date of expiration if applicable; and (t) Such other information as maybe required by the application form or requested by the City for enforcement and administration of this chapter. Section 5.200,050. Contents of Business Registration Certificate. A. Upon the payment for business registration, the City shall issue to the applicant a Business Registration Certificate which shall contain the following: 1. Type of business; 2. Name of business 1 Business location; 4. Business tax number; 5. Business owner; 3 6. Expiration date; 7. Amount of fee paid for business registration: and 8 Such other information as deemed necessary by the City. Section 5.200.060. Annual Renewal of Business Registration. A. Business registration fees shall be due and payable annually in advance. B. Any person applying to renew a business registration shall submit to the City a completed renewal application and pay the renewal fee. Business Registration Certificates shall be renewed annually. Renewal shall occur prior to the last day of the month of the following year that the Business Registration Certificate was issued. C. If deemed necessary. the City may establish alternative registration periods for individuals or businesses. In no instance shall a registration period extend for more than one year or less than one day. Section 5.200.070. Refunds. No business registration fees or penalties collected shall be refundable. Section 5.200.080. Duplicate Business Registration/Modification to Business Registration/ Transfer of Business Registration. A. Duplicate Business Registration. Upon filing a statement indicating that a Business Registration Certificate has been lost of destroyed, and after paying a fee, a duplicate Business Registration Certificate shall be issued by the City. B. Modification to Business Registration. Where a Business Registration Certificate is issued authorizing a person to engage in a business under a particular business name at a particular location. the Business Registration Certificate may be amended to reflect the modification after paying the business registration fee. C. Transfer of Business Registration Certificate. Upon change of ownership, a Business Registration Certificate is transferable subject to the filing of a new application and paying the business registration fee. Section 5.200.090. Business Registration Fee Received by Mail. Whenever any payment, statement, report or other communication is received after a deadline prescribed by this chapter, but is received in a sealed envelope with a postmark dated on or before such deadline, the City may regard such payment, report or other communication as having been received within the appropriate time frame. Section 5.200.100. Posting and Keeping Business Registration Certificate. �. A. Any person engaging in business at a fixed location or branch establishment in the City shall keep a Business Registration Certificate posted in a conspicuous place upon the premises where the business is carried on. B. Any person engaging in business, but not operating at a fixed location or, branch establishment in the City, shall be in possession of a Business Registration Certificate at all times while on such business in the City. Section 5.200.110. Authority to Enforce/Entry to Inspect. A. Authority to Enforce. The City shall have authority to enforce each of the provisions of this chapter. The Los Angeles County Sheriff Department and other City departments shall render assistance in the enforcement of this chapter as may be necessary. . The, City Attorney is authorized to file a complaint against any persons found in violation of this chapter. B. Entryto Inspect. The City, deputy sheriffs, fire inspector, another City officers empowered to enforce the provision of this chapter, shall have the power and authority to enter into a business, free of charge and at any reasonable time, and required to see the Business Registration Certificate posted in a conspicuous place upon the premises. If the business does not have a Business Registration Certificate and/or posted Business Registration Certificate, the business owner is guilty of a misdemeanor. Section 5.200.120. Penalties for Delinquency/Action to Collect. A. Penalties for Delinquency. Any person engaging in business in the City who fails to pay the appropriate business registration fee shall be subject to the following penalties: For failure to pay a business registration fee when due, the City shall double the fee on the day following the last day of each consecutive thirty day interval following the due date while the fee remains unpaid. 2. For failure to secure a Business Registration Certificate to engage in business, the business. registration fee shall be due and payable from the first date the person eng::ged in the business together with applicable penalties provided in subsection A.... of this section. B. Action to Coilec;. Notwithstanding subsection A.1. of this section, should court action be required to collect any business registration fee and/or penalties, an additional penalty shall be charged equal to the cost incurred by the City for court action, including attorney fees. All penalties shall be added to the business registration fee and shall become due and payable along with the delinquent business registration fee. Section 5.200.130. Withholding a Business Registration Certificate, The City shall withhold a Business Registration Certificate to engage in business from any person when there are pending violations of any City code against such person and/or business applying for a Business Registration Certificate, or when a debt is owed to the City as a result of a violation of this Code. action 5.200.140. Appeal. Any person aggrieved by any decision of the City with respect to the issuance or denial of a Registration Certificate shall have the right to appeal to the City Council by filing an appeal with the City Clerk within ten (10) days of th-- ate of the action being appealed and paying any appeal fee determined by resolution of the City Council. Section 5.200.150. Remedies Cumulative. All remedies prescribed in this chapter shall be cumulative and the use of one or more remedies by the City shall not prohibit the use of any other remedy for the purpose of enforcing the provisions of this chapter. PASSED, APPROVED AND ADOPTED THIS 17th DAY OF N -a-7 2005, BY THE CITY UNCIL OF THE CITY OF DIAMOND BAR. Wen P. Chang, Mayor I.- Linda C. Lowry, City Clerk of the City of Diamond Bar do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the _ r, day of , 2005 and was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on the __17;h day of Tia, , 2005 by the following vote: AYES: Council Members: �.er,a �irbe� . �3T/o' Conor . /Chane: NOES: Council Members: sio,;e ABSENT: Council Members: %Osie ABSTAIN: Council Members: 0 Linda C. qity,Cler'k, City of ❑lamorlI Sar CITY COUNCIL RESOLUTION NO. 2005- 37 A RESOLUTION OF THE CITY OF DIAMOND BAR ESTABLISHING A FEE FOR BUSINESS REGISTRATION AND BUSINESS REGISTRATION RENEWAL AND AMENDING THE EXISTING FEE SCHEDULE TO INCLUDE BUSINESS REGISTRATION FEES AND TO REDUCE THE ZONE CLEARANCE FEE FOR BUSINESSES A. RECITALS. The City Council of the City of Diamond Bar has established various schedules of rates, fees and including but not limited to, rates, fees and charges for the processing of applications, issuance of permits and related public services. 2. Pursuant to the provisions of the laws of the State of California, the City of Diamond Bar is authorized to adopt and implement rates, fees, and charges for municipal services, provided that such rates, fees and charges do not exceed the estimated reasonable cost of providing such services. 3. California Government Code Section 66017 requires notice to be given, and data made available, at rates, fees and charges or the adoption of new rates, fees and charges, for Planning, Building and Safety and Public Works Divisions services (development fees) at a public hearing of this City Council. 4. California Government Code Section 66018 requires notice to be published in accordance with California Government Code Section 6062a and data made available concerning rates, fees and charges prior to conducting a public hearing with respect to the adoption of increases in rates, fees and charges for which no other procedures are provided by law. 5. Pursuant to Government Code Sections 66018 and 6062a., notice for amending the City's fee schedule was published in the Inland Valley Bulletin and the San Gabriel Valley Tribune on April 22, 2005. Pursuant to Planning and Zoning Law Government Code Section 65091 (a) (3), if the number of property owners to whom a public hearing notice would be mailed is greater than 1000, a local agency may provide notice by placing a display advertisement 118 page in one newspaper of general circulation. The City placed a 118 page display in the above-mentioned newspapers of general circulation ten days prior to the public hearing date. 6. On May 3, 2005, the City Council of the City of Diamond Bar conducted and a duly noticed public hearing with respect to the establishment of a Business Registration Program fee and a Business Registration Program annual renewal fee. At that time, the public hearing was continued to June 20, 2005. - 1 20€35--37 7. After the adoption of an ordinance establishing a Business Registration Program and following due consideration of public testimony and staff analysis the City Council desires to amend the existing fee schedule to include the Business Registration Program fee and annual renewal fee and reduce the Zone Clearance Fee by the amount of the Business License Fee. 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. The City Council hereby specifically finds and determines that, having considered the record as a whole adopts the following fees to be inserted into the City's fee schedule finder the Planning Division Fee Schedule/Ministerial Review: Business Registration Fee - $10.00: and Business Registration Annual Renewal Fee - $10.00. Zone Clearance Fee - $30.00 (Fee shall be reduced by $10.00 for a business concurrently registering a business.) 3. This Business Registration Fee and Annual Renewal Fee for Business Registration and reduction of the Business -Zone Clearance Fee shall be effective and shall be implemented commencing July 1, 2005. APPROVED AND ADOPTED THIS 20TH DAY OF JUNE 2005, BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR. Wen P. Chang, Mayor I, Linda C. Lowry, City Clerk �f the ity of Diamond Bar do hereby certify that the foregoing Resolution was passed, appro. ed a d adopted at a regular meeting of the City Council of the City of Diamond Bar held on th 20 day of June, 2005 by the following vote: AYES: Council Members: Herrera, Tanaka, MPT/©" Connor, N/Chang NOES: Council Members: Zarbes ABSENT: Council Members: None ABSTAIN: Council Members: none E r CI lvOylda C. Lo4vrry, Cit} io k, City of Diamond Bar Business Registration Certificate Form - - Part 1 Community & Development Services Department - 21825 Copley Drive - Diamond Bar, CA 91765 - (909) 839-7030 - wwnw.CityofDiamondBar.com BUSINESS REGISTRATION REQUEST (CHECK APf?�ICABLEj 13R No ,' LJ New Business ❑ Change of Business Name LJ Change of Ownership ❑ Registration Fee: $10 0 Ll Existing Business ❑ Home Base Business Renewal ❑ Annual Renewal Fee: $10 GENERAL BUSINESS INFORMATION" Business Name: No. of Employees: Business Location: Local Owner or Manager: Mailing Address: Phone No.: Fax No.: Type of Business: Days & Hours of Operation: Start Date: E -Mail: Website: ❑ if you do not wish to have the above information included in our business directories provided to the public, please check here. TYPE OF OWNERSHIP (CHECK APPLICABLE) Corporation L] Partnership Sole Proprietorship Limited Liability Corporation BUSINESS IDENTIFICATION. INFORMATION.(The information'yout provide below is confidential) Employer ID No.: State Employer ID No.: Sales Resale Permit No.: Contractor License No.: Health Permit No.: Professional License No.: Drivers License No.: Workers Compensation Insurance Policy No. & Expiration Date: PLEASE READ; SIGN AND DATE I declare, under penalty of perjury under the laws of the State of California, that the information provided in this application is true and correct. I understand that the issuance of a business registration certificate does not approve the use, and that I am responsible for obtaining a Zoning Clearance from the Planning Division and all other applicable and necessary permits prior to the commencement of business. Signature of Owner: Date: Name (Print): Title: Thank you for doing business in the City of Diamond Sar Comm Dev/Appl/UniformAppUBusiness Registration Form—Updated 81812005 Page 1 or 2 L'IT i I Business Registration Certificate Form Part 2 +a8g Community & Development Services Department - 21825 Copley Drive - Diamond Bar, CA 91765 - (909) 839-7030 - www.CityofDiamondBar.com QWNER(S)OR PRINCIPAL OFFICERS CONTACT INFORMATION, Owner 1 Name: Title: Address City/State/Zip: Phone No.: Fax No.: . Owner 2 Name: Title: Address: City/State/Zip: Phone No.: Fax No.: Emergency Contact Person: Address: City/State/Zip: Phone No.: Fax No.: STAFF USE ONLY North American Industry Classification System Code No.: BR No. - Description Issuance Date - Fee - By - Related Case File No.: - Comm DevlAppl/UniformAppllBusiness registration Form—Updated 8/8/2005 Page 2 of 2 North American Industry Classification System Business License Codes Sector: Code Nam+ , C7escription Cvmrnents.: Agriculture, Forestry, crop production, animal production, forestry & logging, 11 Fishing & Hunting fishing, hunting & trapping, and support activities oil & gas, coal and metal ore, nonmetallic mineral, and 21 Mining support activities electric power generation, transmission & distribution, 22 Utilities natural gas , water, sewer and other systems Residential & non-residential, heavy & civil engineering 23 Construction construction, contractors 31 Manufacturing food, beverage & tobacco, textile & apparel wood, paper, chemical, plastic, metal, nonmetallic and 32 Manufacturing mineral machinery, computer & electronic, electrical, transportation, motor vehicles, aerospace, furniture, 33 Manufacturing medical equipment 42 Wholesale Trade sale of goods (durable and non -durable) for resale motor vehicle, furniture, electronics, building material & garden equipment & supplies, food & beverage stores, health & personal care stores, gas stations, clothing & 44 Retail Trade accessories stores sporting goods, hobby, book & music stores, -book, periodical & music stores, general merchandise stores, 45 Retail Trade miscellaneous retail stores air, rail and water transportation, truck transportation, Transportation and transit & ground passenger, pipeline, support activities 48 Warehousing of transportation Transportation and 49 warehousing postal, couriers & messengers, warehousing & storage publishing, motion pictures & sound recording, broadcasting, internet publishing, telecommunication, 51 Information internet service providers 52 Finance and Insurance Real Estate & Rental and 53 Leasing Lawyers, accounting, advertising, architectural, engineering, specialized design services, computer system designs services, management, scientific & Professional, Scientific, technical consulting services, research & development 54 and Technical Services services Management of Companies and 55 Enterprises corporate, subsidiary & regional offices Administrative offices, facilities support offices, Administrative and employment, business support, travel, investigation & 56 Support and Services security service This use should Waste Management and Waste collection, treatment, disposal, waste recovery, not be lumped 56 Remediation services septic tanks services with office G:IBUSINESS REGISTRATIONINAICS Bus Lic Codes North American Industry Classification System Business License Codes G:IBUSINESS REGISTRATIOMNAICS Bus Lic Codes 2 All public and private schools, colleges, universities, trades schools, instruction and education support 61 Education Services services, sports, other schools & instruction Health Care and Social 62 Assistance performing arts, spectator sports, indoor and outdoor Arts, Entertainment, and recreation, museums, historical sites & similar 71 Recreation institutions Accommodation and hotels, rooming & boarding houses, restaurants, 72 Food Services drinking places Other Services (except Repair & maintenance services, personal service, 81 Public Administration laundry services, religious services 92 Public Administration G:IBUSINESS REGISTRATIOMNAICS Bus Lic Codes 2 BUSINESS REGISTRATION CERTIFICATE samvCe text Name of Business SamyCe Text Type of Business SamyCe ?ext Business Location SamyCe 9'ext Business Owner/Operator BR -2005 -XX 00/00/05 00/00/06 $10.00 Business Registration No. Authorized City Signature Issuance Date Expiration Date Fee Paid City of Diamond Bar - 21825 Copley Drive - Diamond Bar, Ca 91765 (909) 839-7030 --- www.CityofDiamondBar.com AGENDA NO. 8.2 NO DOCUMENTATION AVAILABLE mu 0 N � � O � CD (D � CD O � � O n cn � � o C/) n �D V� p N <. 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CD CD 0 (D CL� L2. c CD 0 (nnN �cn CD'- CD N l< - 3 CD n 0 m i-0 U)mD � 0 a rn cn M3 �cno cr 3 v� CL CD am :3 C CD CD CD N (D CD Q -1 cr (n 0 `n CD0 r-4- 0 � oD o ( =r =3 o CO Q �_ v O O p E75cn C1 0 o O CO CDCD 3_ N o1-0 CD w j O` fn cn Q O �C n CD (n ow o CD s ME 3 o© G7 (DCOCl) (D (D N(D��N C 0 — �' CD 3 '{ CD (Dc Qy - 3 �CL� �X�r-+.v �(D 3 CD 0 v�Up (Doi' (D CD CD O C) U) CD DN CPW in N CD o3 Q ON CD �-0 N (/}`C_ Q '� O m �-'CD - 3 0 N • 1 �io CD 0 CD C CD 0 3 CD cn (D n� CD 0 CD I-- L•J CD 0 CO cam' • 0 'LIM CD CD a • CD D v 3 • A -1j H CD w cp IJ Xiwl r+ CD 3 CITY COUNCIL TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manage Agenda # 8.4 Meeting Date: February 7, 2006 AGENDA REPORT TITLE: Resolution No. 2006 -XX approving Fiscal Year 2005-2006 Budget Amendment RECOMMENDATION: It is recommended that the City Council approve Resolution No. 2006 -XX, Resolution of the City of Diamond Bar amending the FY05-06 Municipal Budget for the City of Diamond Bar. FINANCIAL IMPACT: The Mid -Year Budget Amendment includes an increase in estimated revenue for the General Fund in the amount of $1,296,480 to account for various items outlined in Exhibit A. It also includes an increase in General Fund annual appropriations in the amount of $388,987 also outlined in Exhibit A. The changes in other funds include an appropriation of $95,000 in Prop C Funds for traffic signal modifications and interconnect at the intersection of Grand Avenue and Diamond Bar Blvd. In addition, the City received an allocation of unanticipated Prop 42 — Traffic Congestion Relief Funds from the State in the amount of $250,000. These funds will be used towards the Area 2 — Slurry Seal project instead of General Fund reserves. These changes are outlined in Exhibit A. BACKGROUND: The City Council adopted Resolution #2005-40 on June 21, 2005 approving the FY05-06 Municipal Budget. The City Council has also approved additional appropriations as they have occurred throughout the year It is City policy for staff and the City Council to periodically review the annual budget and make adjustment as deemed necessary. Page 2 — FY 05-06 Budget Amendment DISCUSSION: The following chart summarizes the proposed changes to the General Fund Budget: Current Budget Amendment Adjusted Budget Resources AnnualRevenue $17,347,025 $1,296,480 $18,643,505 Use of f=und Balance Reserve 1,496,750 1,496,750 Total Resources $18,843,775 $1,296,480 $20,140,255 Total Appropriations 19,276,908 388,987 19,665,895 Impact to Fund Balance ($433,133) $907,493 $474,360 The following chart shows the proposed change to the Fund Balance Reserves: Current Budget Amendment Adjusted $24,005,756 $907,493 $24,913,249 The City's current adopted General Fund Budget for FY05-06 shows anticipated resources of $18,843,775. It is recommended that the resource estimate be increased by $1,296,480 to $20,140,255. The current approved General Fund appropriations budget equals $19,276,908. It is recommended that this budget be increased by $388,987 to $19,665,895. These recommended changes in the General Fund estimated resources and appropriations result in an estimated $24,913,249, in General Fund unreserved fund balance at the end of the fiscal year. General Fund Revenues: When the FY05-06 Budget was adopted careful consideration went into the preparation of the revenue estimates. There have been changes made to these estimates based on actual receipts and changes in the economy. The largest adjustment to the General Fund revenue is in the area of the State Subventions. The City receives an allocation of additional property tax to replace the sales tax that is being taken by the State to repay the bonds which covered the State's deficit spending of a couple of years ago. This money is being paid in two installments. Last fiscal year these installments were equal. The City received its first installment of FY06 and it was much higher than anticipated. It is anticipated that the second installment will be of an equal value and therefore the revenue estimate has been increased significantly. On page 2 of Exhibit A there are brief explanations of the other adjustments to the revenue estimates. General Fund Expenditures: The changes to the General Fund expenditures are outlined in Exhibit A. Most of the changes in the expenditures have been directly offset by increased revenue. These include the increase in Building and Safety services, Diamond Bar Center Operations, Recreation and Public Works. Capital Improvement Projects: The changes in the Capital Improvement Projects include the addition of traffic signal modifications and interconnect work for the intersection of Grand and Diamond Bar Boulevard. This project had been originally considered part of the Grand Avenue Beautification project — Phase II. It was decided to split the project out so that its funding from Prop C could be easily tracked. The other change in the Capital Improvement Projects is the change in funding of a portion of the Area 2 — Slurry Seal/Overlay project. The City has received an allocation of Prop 42 — Traffic Congestion Relief funds. These funds can only be used to improve and maintain streets. The original project budget included a transfer of General Fund reserves in the amount of $380,400. This has been reduced by $250,000 and will be replace with Traffic Congestion Relief Funds. PREPARED BY: Linda G. Magnuson REVIEWED BY: Departme t Pead Attachments: Resolution and Exhibit A - Budget Worksheets Deputy City Manager RESOLUTION NO. 2006- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING THE FY05-06 MUNICIPAL BUDGET. WHEREAS, the City Council has adopted Resolution No. 2005-40, A Resolution of the City Council of the City of Diamond Bar approving and adopting a budget for the City of Diamond Bar for the Fiscal Year commencing July 1, 2005 and ending June 30, 2006 including maintenance and operations, special funds and capital improvements and appropriating funds for accounts departments, divisions, object and purposes therein set forth (herein referred to as the "Budget"); and WHEREAS, the City Council may choose to amend the Budget from time to time throughout the fiscal year; and WHEREAS, an amendment to the FY 2005-06 Budget is attached as Exhibit A; and WHEREAS, the Amendment has been discussed by the City Council at both a Study Session and City Council meeting; and WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond Bar as follows: Section 1. The City Council hereby finds and determines that the General Fund Budget be amended as set forth in the attached Exhibit A, General Fund Budget Amendment Summary. Section 2. There are hereby appropriated for obligations and expenditures by the City Manager the amounts shown on the attached Exhibit. All obligations and expenditures shall be incurred and made in the manner provided by the provisions of State law and City ordinances and resolutions applicable to purchasing and contracting. The City Clerk shall certify to the adoption of this Resolution. PASSED, ADOPTED AND APPROVED this day of , 2006. Carol Herrera, Mayor I, Linda C. Lowry, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of Diamond Bar held on the AYES: NOES: ABSENT: ABSTAINED: day of COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: ATTEST: , 2006, by the following vote: Linda C. Lowry, City Clerk of the City of Diamond Bar Exhibit CITY OF DIAMOND BAR GENERAL FUND BUDGET AMENDMENT SUMMARY FY 2005-06 Total Resources APPROPRIATIONS City Council City Attorney City Manager/City Clerk Finance Human Resources Information Systems General Government Public Information Law Enforcement Volunteer Patrol Fire 1 Animal Contras Emergency Preparedness Community Dev.IPlanning Building & Safety Neighborhood Improvement Economic Development Community Services Diamond Bar Center - Operations Park Operations Recreation Public Works Engineering Road Maintenance Landscape Maintenance Transfer -Out Other Funds Total Appropriations Est. Excess Resources over Approp. Unreserved Fund Balance @ Beg of FY Less Uses of Unreserved Fund Balance Est Unreserved Fd Bal @ End of FY 17,653,775 1,190,000 38,843,775 1,296,480 20,140,255 168,500 Original Previous Current 168,500 Adjusted 546,750 Budget Adjustments Budget Amendment Budget ESTIMATED RESOURCES 934,850 391,050 391,050 Property Taxes 3,179,000 224,050 3,179,000 224,409 3,179,000 Other Taxes 5,427,700 7,356 5,427,700 (45,000) 5,382,700 State Subventions 3,199,805 1,600,560 3,199,805 672,700 3,872,505 From other Agencies 10,000 225,000 235,000 114,140 349,140 Fines and Forfeitures 746,000 4,769,000 746,000 (40,000) 706,000 Building Fees 940,830 1{)7,500 940,830 261,840 1,202,670 Planning Fees 275,000 275,000 (165,000) 110,000 Engineering Fees 300,000 739,150 300,000 83,000 383,000 Recreation Fees 633,790 162,670 633,790 45,800 679,590 Special Event Fees 30,000 290,750 30,000 40,000 70,000 Rents & Concessions 378,200 393,600 378,200 129,000 507,200 Investment Revenue 350,000 (1,500) 350,000 200,000 550,000 Other Revenues 30,000 627,520 30,000 625,470 30,000 Transfers -In Other Funds 1,376,700 15,000 1,391,700 513,450 1,391,700 PFA - Lease Payment Account 230,000 584,985 230,000 (22,250) 230,000 Reserved Fund Balance - Econ Dev 546,750 950,000 1,496,750 1,087,800 1,496,750 Total Resources APPROPRIATIONS City Council City Attorney City Manager/City Clerk Finance Human Resources Information Systems General Government Public Information Law Enforcement Volunteer Patrol Fire 1 Animal Contras Emergency Preparedness Community Dev.IPlanning Building & Safety Neighborhood Improvement Economic Development Community Services Diamond Bar Center - Operations Park Operations Recreation Public Works Engineering Road Maintenance Landscape Maintenance Transfer -Out Other Funds Total Appropriations Est. Excess Resources over Approp. Unreserved Fund Balance @ Beg of FY Less Uses of Unreserved Fund Balance Est Unreserved Fd Bal @ End of FY 17,653,775 1,190,000 38,843,775 1,296,480 20,140,255 168,500 138,752 (433,133) 168,500 25,935,639 168,500 90,000 546,750 90,000 0 1,496,750 90,000 934,850 $907,493 $24,913,249 934,850 934,850 391,050 391,050 391,050 224,050 359 224,409 224,409 629,015 7,356 636,371 30,000 666,371 1,571,560 29,000 1,600,560 1,600,560 487,900 (3,500) 484,400 484,400 4,769,000 4,769,000 4,769,000 13,300 13,300 13,300 1{)7,500 101,500 101,500 68,550 68,550 5,250 73,800 741,350 (2,200) 739,150 10,000 749,150 556,280 556,280 162,670 718,950 273,550 2,200 275,750 15,000 290,750 546,750 950,000 1,496,750 10,000 1,506,750 393,600 393,600 17,850 411,450 663,240 (1,500) 661,740 111,440 773,180 627,520 627,520 (2,050) 625,470 1,301,880 1,301,880 82,877 1,384,757 513,450 19,535 532,985 52,000 584,985 287,600 (22,250) 265,350 46,850 312,200 1,087,800 1,087,800 14,750 1,102,550 250,865 250,865 82,350 333,215 1,532,500 72,248 1,604,748 250,000 1,354,748 18,225,660 1,051,248 19,276,908 388,987 19,665,895 (571,885) 138,752 (433,133) 907,493 474,360 25,935,639 25,935,639 25,935,639 546,750 950,000 1,496,750 0 1,496,750 $24,817,004 $811,248 $24,005,756 $907,493 $24,913,249 Page 1 Exhibit A FY2005-2006 BUDGET AMENDMENT GENERAL FUND REVENUE Page 2 Current Mid Yr Adjusted Description Account # Budget Amendment Budget Explanation Other Taxes Sales Tax Comp Fund 31011 869,400 (95,000) 774,400 Budget Refinement Property Transfer Tax 31250 350,000 50,000 400,000 Based On Higher Receipts (45,000) State Subventions VLF - Property Tax in Lieu 31701 3,195,280 672,700 3,867,980 Based on Actual Receipts 672,700 From Other Agencies FEMA Revenue 31620 10,000 2,100 12,100 Base on Actual Receipt Federal Education Grant 31632 0 101,040 101,040 Grant Awarded Federal - Grants 31635 11,000 11,000 Traffic Safety - QUI Grants 114,140 Fines and Forfeitures Vehicle Code Fines 32150 450,000 (20,000) 430,000 Budget Refinement Parking Fines 32230 250,000 (20,000) 230,000 Budget Refinement (40,000) Building Fees Building Permit Fees 34110 382,100 103,170 485,270 Increased Bldg Activity Plumbing Permit Fees 34120 36,900 5,540 42,440 Increased Bldg Activity Electrical Permit Fees 34130 59,040 8,860 67,900 Increased Bldg Activity Mechanical Permit Fees 34140 26,250 3,940 30,190 Increased Bldg Activity Permit Issuance Fees 34200 50,020 7,500 57,520 Increased Bldg Activity Inspection Fees 34250 11,480 3,100 14,580 Increased Bldg Activity Plan Check Fees 34300 370,640 129,730 500,370 Increased Bldg Activity 261,840 Planning Fees Developer Fees 34550 175,000 (175,000) 0 To be Received in FY06-07 Business Registration Fee 34560 0 10,000 10,000 Implementation of Program (166,000) Engineering Fees Plan Check Fees - Engr 34610 80,000 50,000 130,000 Increased Bldg Activity Permit Fees - Engr 34620 10,000 (5,000) 5,000 Budget Refinement Encroachment Permit - Engr 34630 10,000 (2,000) 8,000 Budget Refinement Inspections - Engr 34640 30,000 50,000 80,000 Increased Bldg Activity SoilslMisc Engr Fees 34650 50,000 (10,000) 40,000 Budget Refinement 83,000 Recreation Fees Community Activities 34720 54,990 3,500 58,490 Teen Dance/Art Show Rev Fee Programs 34760 186,530 3,840 190,370 Day Camp Increase Contract Classes 34780 235,000 38,460 273,460 Addnt Contract Classes 45,800 Special Event Fees Special Events 34800 30,000 40,000 70,000 Budget Refinement - Calvary Chpl 40,000 Rents and Concessions Diamond Bar Center Rental 36615 315,000 129,000 444,000 Increased Usage of Center 129,000 Investment Revenue Investment Revenue 36100 350,000 200,000 550,000 Higher Interest Yields 200,000 $1,296,480 Page 2 Exhibit A FY2005-2006 BUDGET AMENDMENT GENERAL FUND EXPENDITURES Current Mid Yr Adjusted Description Account # Budget Amendment Budget Explanation Information Systems (001-4070) Prof Svcs 44000 44,641 30,000 74,641 GIS Svcs for Econ Dev 30,000 Emergency Prep (001-4440) Telephone 42125 Communications Equip 46250 Community Dev/Planning (001-5210) Furniture 46220 Building and Safety (001-5220) Contract Services 45000 1,600 1,500 500 3,760 5,250 1,500 10,000 1(),000 556,280 162,670 162,670 3,000 Satelite Phone Svcs 4,250 Satelite Phones for EOC 11,500 Furniture - Com Dev Dir/Sr Plnr 718,950 Increased Bldg Activity Neighborhood Improvement (001-5230) CS -Code Enforcement 45213 25,000 15,000 40,000 Legal -Landslide Cases, Code Enf 15,000 Economic Development (001-5240) Prof Services 44000 438,000 10,000 448,000 Topography Maps - Annexation 10,000 Community Services (001-5310) Overtime Wages 40020 4,000 5,500 9,500 Incr Facility Use Workers Comp 40083 7,800 225 8,025 Incr Facility Use/New Comp Pln Medicare 40085 8,800 425 9,225 Incr Facility Use/New Comp Pln Telephone 42125 0 550 550 Budget Refinement Equipment Maint 42200 4,000 7,050 11,050 Addnl Equip to Maintain Fuel 42310 4,000 3,700 7,700 Incr Fuel Costs Publications 42320 200 400 600 Budget Refinement 17,850 Diamond Bar Center (001-5333) Operating Supplies 41200 20,000 30,000 50,000 Incr Facility Use Utilities 42125 109,500 7,140 116,640 Incr Facility Use/SCE Increase Maint of Grounds/Bldgs 42210 24,550 50,000 74,550 Incr Facility Use CS - Com Svcs 45300 235,050 20,000 255,050 Incr Facility Use Misc Equipment 46250 700 4,300 5,000 Chair Replacement 111,440 Park Operations (001-5340) Utilities 42125 207,760 4,000 211,760 Increased SCE Rates CS - Community Services 45300 217,900 1,950 219,850 Budget Refinement Capital Improvements 46410 30,000 (8,00A 22,000 Budget Refinement (2,050) Recreation (001-5350) Overtime Wages 40020 10,160 12,000 22,160 Incr Facility Use Part Time Salaries 40030 168,050 3,100 171,150 Day Camp Increase Wkrs Comp 40083 13,000 650 13,650 Incr Facility Use/Day Camp Incr Medicare 40085 14,650 1,150 15,800 Incr Facility Use/Day Camp Incr Page 3 Exhibit A CITY OF DIAMOND BAR REVISED GENERAL FUND BUDGET AMENDMENT SUMMARY FY 2005-06 Total Resources APPROPRIATIONS City Council City Attorney City Manager/City Clerk Finance Human Resources Information Systems General Government Public Information Law Enforcement Volunteer Patrol Fire 1 Animal Control Emergency Preparedness Community Dev.IPlanning Building & Safety Neighborhood Improvement Economic Development Community Services Diamond Bar Center - Operations Park Operations Recreation Public Works Engineering Road Maintenance Landscape Maintenance Transfer -Out Other Funds Total Appropriations Est. Excess Resources over Approp. Unreserved Fund Balance @ Beg of FY Less Uses of Unreserved Fund Balance Est Unreserved Fd Bal @ End of FY 17,653,775 1,190,000 18,843,775 9,286,480 20,140,255 168,500 Original Previous Current 168,500 Adjusted (546,750) Budget Adjustments Budget Amendment Budget ESTIMATED RESOURCES 934,850 391,050 391,050 Property Taxes 3,179,000 224,050 3,179,000 224,409 3,179,000 Other Taxes 5,427,700 7,356 5,427,700 (45,000) 5,382,700 State Subventions 3,199,805 1,600,560 3,199,805 672,700 3,872,505 From other Agencies 10,000 225,000 235,000 114,140 349,140 Fines and Forfeitures 746,000 4,809,000 746,000 (40,000) 706,000 Building Fees 940,830 101,500 940,830 261,840 1,202,670 Planning Fees 275,000 275,000 (165,000) 110,000 Engineering Fees 300,000 739,150 300,000 83,000 383,000 Recreation Fees 633,790 162,670 633,790 45,800 679,590 Special Event Fees 30,000 290,750 30,000 40,000 70,000 Rents & Concessions 378,200 393,600 378,200 129,000 507,200 Investment Revenue 350,000 (1,500) 350,000 200,000 550,000 Other Revenues 30,000 627,520 30,000 625,470 30,000 Transfers -in Other Funds 1,376,700 15,000 1,391,700 513,450 1,391,700 PFA - Lease Payment Account 230,000 584,985 230,000 (22,250) 230,000 Reserved Fund Balance- Econ Dev 546,750 950,000 1,496,750 1,087,800 1,496,750 Total Resources APPROPRIATIONS City Council City Attorney City Manager/City Clerk Finance Human Resources Information Systems General Government Public Information Law Enforcement Volunteer Patrol Fire 1 Animal Control Emergency Preparedness Community Dev.IPlanning Building & Safety Neighborhood Improvement Economic Development Community Services Diamond Bar Center - Operations Park Operations Recreation Public Works Engineering Road Maintenance Landscape Maintenance Transfer -Out Other Funds Total Appropriations Est. Excess Resources over Approp. Unreserved Fund Balance @ Beg of FY Less Uses of Unreserved Fund Balance Est Unreserved Fd Bal @ End of FY 17,653,775 1,190,000 18,843,775 9,286,480 20,140,255 168,500 138,752 (433,133) 168,500 25,935,639 168,500 90,000 (546,750) 90,000 0 1,496,750 90,000 934,850 $876,493 $24,882,249 934,850 934,850 391,050 391,050 391,050 224,050 359 224,409 224,409 629,015 7,356 636,371 30,000 666,371 1,571,560 29,000 1,600,560 1,600,560 487,900 (3,500) 484,400 484,400 4,769,000 4,769,000 40,000 4,809,000 13,300 13,300 13,300 101,500 101,500 101,500 68,550 68,550 5,250 73,800 741,350 (2,200) 739,150 10,000 749,150 556,280 556,260 162,670 718,950 273,550 2,200 275,750 15,000 290,750 546,750 950,000 1,496,750 10,000 1,506,750 393,600 393,600 17,850 411,450 663,240 (1,500) 661,740 111,440 773,180 627,520 627,520 (2,050) 625,470 1,301,880 1,301,880 82,877 1,384,757 513,450 19,535 532,985 52,000 584,985 287,600 (22,250) 265,350 37,850 303,200 1,087,800 1,087,800 14,750 1,102, 550 250,865 250,865 82,350 333,215 1,532,500 72,248 1,604,748 (250,000) 1,354,748 18,225,660 1,051,248 19,276,908 419,987 19,696,895 (571,885) 138,752 (433,133) 876,493 443,360 J~" 25,935,639 25,935,639 25,935,639 (546,750) (950,000 1,496,750 0 1,496,750 $24,817,004 ($811,248) $_24,005,756 $876,493 $24,882,249 Page 1 Exhibit A FY2005-2006 BUDGET AMENDMENT GENERAL FUND REVENUE Page 2 Current Mid Yr Adjusted Description Account# Budget Amendment Budget Explanation Other Taxes Sales Tax Camp Fund 31011 869,400 (95,000) 774,400 Budget Refinement Property Transfer Tax 31250 350,000 50,000 400,000 Based On Higher Receipts (45,000) State Subventions VLF - Property Tax in Lieu 31701 3,195,280 672,700 3,867,980 Based on Actual Receipts 672,700 From Other Agencies FEMA Revenue 31620 10,000 2,100 12,100 Base on Actual Receipt Federal Education Grant 31632 0 101,040 101,040 Grant Awarded Federal - Grants 31635 11,000 11,000 Traffic Safety - DUI Grants 114,140 Fines and Forfeitures Vehicle Code Fines 32150 450,000 (20,000) 430,000 Budget Refinement Parking Fines 32230 250,000 (20,OOOy 230,000 Budget Refinement (40,000) Building Fees Building Permit Fees 34110 382,100 103,170 485,270 Increased Bldg Activity Plumbing Permit Fees 34120 36,900 5,540 42,440 Increased Bidg Activity Electrical Permit Fees 34130 59,040 8,860 67,900 Increased Bldg Activity Mechanical Permit Fees 34140 26,250 3,940 30,190 Increased Bldg Activity Permit Issuance Fees 34200 50,020 7,500 57,520 Increased Bldg Activity Inspection Fees 34250 11,480 3,100 14,580 Increased Bldg Activity Plan Check Fees 34300 370,640 129,730 500,370 Increased Bldg Activity 261,840 Planning Fees Developer Fees 34550 175,000 (175,000) 0 To be Received in FY06-07 Business Registration Fee 34560 0 10,000 10,000 Implementation of Program (165,000) Engineering Fees Plan Check Fees - Engr 34610 80,000 50,000 130,000 Increased Bldg Activity Permit Fees - Engr 34620 10,000 (5,000) 5,000 Budget Refinement Encroachment Permit - Engr 34630 10,000 (2,000) 8,000 Budget Refinement Inspections - Engr 34640 30,000 50,000 80,000 Increased Bldg Activity Soils]Misc Engr Fees 34650 50,000 (10,000) 40,000 Budget Refinement 83,000 Recreation Fees Community Activities 34720 54,990 3,600 58,490 Teen Dance/Art Show Rev Fee Programs 34760 186,530 3,840 190,370 Day Camp Increase Contract Classes 34780 235,000 38,460 273,460 Addnl Contract Classes 45,800 Special Event Fees Special Events 34800 30,000 40,000 70,000 Budget Refinement - Calvary Chpl 40,000 Rents and Concessions Diamond Bar Center Rental 36615 315,000 129,000 444,000 Increased Usage of Center 129,000 Investment Revenue Investment Revenue 36100 350,000 200,000 550,000 Higher Interest Yields 200,000 $1,296,480 Page 2 Exhibit A FY2005-2006 BUDGET AMENDMENT GENERAL FUND EXPENDITURES Current Mid Yr Adjusted Description Account ## Budget Amendment Budget Explanation Information Systems (001-4070) Prof Svcs 44000 44,641 30,000 74,641 GIS Svcs for Econ Dev 30,000 Law Enforcement (001-4411) CS - Sheriff / Special Events 45402 70,000 40,000 40,000 Emergency Prep (001-4440) Telephone 42125 1,500 1,500 Communications Equip 46250 500 3,750 4,000 5,500 9,500 5,250 Community Dev/Planning (001-5210) 40083 7,800 Furniture 46220 1,500 10,000 40085 8,800 425 10,000 Building and Safety (001-5220) Telephone 42125 0 Contract Services 45000 556,280 162,670 42200 4,000 7,050 162,670 REVISED 110,000 Calvary Chapel Traffic Enforcement 3,000 Satelite Phone Svcs 4,250 Satelite Phones for EOC 11,500 Furniture - Com Dev Dir/Sr Plnr 738,950 Increased Bldg Activity Neighborhood Improvement (001-5230) CS -Code Enforcement 45213 25,000 15,000 40,000 Legal -Landslide Cases, Code Enf 15,000 Economic Development (001-5240) Prof Services 44000 438,000 10,000 448,000 Topography Maps - Annexation 10,000 Community Services (001-5310) 41200 20,000 30,000 50,000 Incr Facility Use Overtime Wages 40020 4,000 5,500 9,500 Incr Facility Use Workers Camp 40083 7,800 225 8,025 Incr Facility Use/New Comp Pin Medicare 40085 8,800 425 9,225 Incr Facility Use/New Comp Pin Telephone 42125 0 550 550 Budget Refinement Equipment Maint 42200 4,000 7,050 11,050 Addnl Equip to Maintain Fuel 42310 4,000 3,700 7,700 Incr Fuel Costs Publications 42320 200 400 600 Budget Refinement CS - Community Services 45300 217,900 17,850 219,850 Budget Refinement Diamond Bar Center (001-5333) Operating Supplies 41200 20,000 30,000 50,000 Incr Facility Use Utilities 42125 109,500 7,140 116,640 Inor Facility Use/SCE Increase Maint of Grounds/Bldgs 42210 24,550 50,000 74,550 Incr Facility Use CS - Com Svcs 45300 235,050 20,000 255,050 Incr Facility Use Misc Equipment 46250 700 4,300 5,000 Chair Replacement 111,440 Paris Operations (001-5340) Utilities 42125 207,760 4,000 211,760 Increased SCE Rates CS - Community Services 45300 217,900 1,950 219,850 Budget Refinement Capital Improvements 46410 30,000 (8,000) 22,000 Budget Refinement (2,050) Recreation (001-5350) Overtime Wages 40020 10,160 12,000 22,160 Incr Facility Use Part Time Salaries 40030 168,050 3,100 171,150 Day Camp Increase Wkrs Comp 40083 13,000 650 13,650 Incr Facility Use/Day Camp [nor Medicare 40085 14,650 1,150 15,800 Incr Facility Use/Day Camp Incr Operating Supplies 41200 49,635 10,000 59,635 Budget Refinement Page 3 Exhibit A FY2005-2006 BUDGET AMENDMENT GENERAL FUND EXPENDITURES REVISED Landscape Maintenance (001.5558) CS - Tree Maintenance 45509 125,000 82,350 82,350 Transfer Out (001-9915) Transfer out - CIP 49250 1,320,310 (250,000) (250,000) $419,987 Page 4 207,350 Grad Ave Trees/ContrIncrease 1,070,310 Prop 42 Funds for Slurry Seal Current Mid Yr Adjusted Description Account # Budget Amendment Budget Explanation CS- Community Svcs 45300 70,760 30,977 101,737 Tutoring, Peacebuilders CS -Contract Classes 45320 128,000 25,000 153,000 Addnl Contract Classes 82,877 Public Works (001-5510) Education & Trng 42340 2,000 3,000 5,000 Budget Refinement CS -Inspection 45227 12,500 47,500 60,000 Increased Bldg Activity Furniture 46220 485 1,500 1,985 Chair Replacement 52,000 Engineering (001-5551) Travel -Mileage & Auto Allow 42335 100 100 200 Budget Refinement CS -Traffic 45222 75,000 (14,750) 60,250 Budget Refinement CS -Plan Check 45223 45,000 52,500 97,500 Increased Bldg Activity 37,850 Road Maintenance (001-5554) Prof Svcs - Engineering 44520 40,000 14,750 54,750 Incr Traffic Studies 14,750 Landscape Maintenance (001.5558) CS - Tree Maintenance 45509 125,000 82,350 82,350 Transfer Out (001-9915) Transfer out - CIP 49250 1,320,310 (250,000) (250,000) $419,987 Page 4 207,350 Grad Ave Trees/ContrIncrease 1,070,310 Prop 42 Funds for Slurry Seal