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HomeMy WebLinkAboutT & T Handbook 2021.doc TRAFFIC AND TRANSPORTATION COMMISSION HANDBOOK REVISED FEBRUARY 2021 CITY OF DIAMOND BAR TRAFFIC AND TRANSPORTATION COMMISSION HANDBOOK Table of Contents I. INTRODUCTION 1 II. GENERAL INFORMATION History of Diamond Bar 2 Diamond Bar's Form of Government 2 City Advisory Bodies 3 City Staff 3 III. COMMISSION MEMBERSHIP AND OPERATIONS Membership 4 Officers 4 Vacancies 5 Quorum 5 Meetings 5 Agenda for Meetings 6 Compensation 7 Reimbursement 7 Staff Liaison 7 IV. COMMISSION ROLE Purpose 8 Meeting Procedures 8 Motions…………………………………………………………………………13 Resolutions……………………………………………………………………. 15 Voting……...…………………………………………………………………...16 Staff Responsibilities………………………………………………….……..17 Staff Requests Procedures…………………………………………………..17 Minutes……………………………………………………………………….. . 18 Commission Recommendations……………………………………………18 Relations with City Council, Commissions and Committees………...19 V. LEGAL RESTRAINTS The Brown Act 20 Conflict of Interest 20 Disqualification from Commission Decisions 20 Public Records Law 21 Discrimination and Equal Protection 21 Due Process 21 VI. ORGANIZATIONAL CHART 22 VII. APPENDIX 24 City Staff Telephone List………………………………………….………. 25 Commission Contact Information 27 Description of Commissions/Committees 28 Statement of Principles 28 Policies for Service 28 I. INTRODUCTION This handbook is intended to give you an orientation of your role as a Traffic and Transportation Commissioner. It includes an overview of the Commission's role and responsibilities and the structure and procedures of Diamond Bar's Municipal Government. Diamond Bar Commissioners are vital to the City's organization and its efforts to meet the needs and interests of the Community. It is hoped this handbook will assist you as a member of the team. The City Council and staff are most appreciative of your time and efforts. II. GENERAL INFORMATION History of Diamond Bar As with many Southern California communities, Diamond Bar's recorded history began with a 4,340-acre Spanish land grant deeded by Governor Alvardo to Jose del la Luz. The land was divided into parcels, which changed hands many times prior to 1900. In 1918, Frederick E. Lewis bought most of the original Rancho Los Nogales area to establish a cattle ranch and registered the Brand of Diamond Bar with the Department of Agriculture. In 1956, Transamerica Corporation paid $10 million to purchase 8,000 acres of Diamond Bar Ranch from the Bartholome Family. Transamerica formed a master-planned community that would eventually become home to some 53,500 people. The first model homes were built at the north end of town in 1960 and a development "boom" was begun. The first effort to gain local voice in government began with the formation of the Diamond Bar Homeowners Association in 1964. The name was changed in 1986 to the Diamond Bar Improvement Association (DBIA) to serve the community as a whole. Between 1964 and 1989, the DBIA represented the community before various county agencies on matters of development and accepted responsibility for enforcing covenants, conditions and restrictions (CC&R's) on the deeds of all residential tracts. In 1976, the Los Angeles County Board of Supervisors created the Diamond Bar Municipal Advisory Council (MAC) to provide a focal point for community input to county government. Diamond Bar is a typical suburban bedroom community with limited commercial or industrial land. Commercial acreage is primarily developed with uses designed to serve residents of the community. Today's Diamond Bar is a young, upscale residential community of about 58,660 situated among meandering hills and valleys of Brea Canyon covering 14.9 square miles, it is located at the junction of the "57" and "60" freeways. Diamond Bar's Form of Government The City of Diamond Bar was incorporated April 18, 1989 as a general law City with a Council/Manager form of government. The City Council is composed of five members elected for overlapping four-year terms by Diamond Bar residents. It is the governing body of the City, vested with regulatory and corporate power. The City Council establishes policy and is ultimately responsible to the people for the actions of the local government. Diamond Bar's organizational structure consists of a mayor and a mayor pro-tem selected by the City Council. The mayor is the presiding officer of the Council for a period of one year, with the mayor pro-tem as the position's backup. Because of the complexity, diversity and quantity of issues facing the City Council, Commissions are asked for input in the decision-making process. City Advisory Bodies There are two types of advisory bodies; one established by City ordinance of a permanent nature. The duties, responsibilities and scope of authority are set forth in the enabling ordinance. The other type of advisory body is created by a resolution of the Council to serve a particular function for the City. The primary purpose of both Commissions and Committees is to gather information, weigh public opinion, and examine issues in-depth in order to make a recommendation to the City Council. City Staff City Manager - Is responsible for the administration of the City's government. He/She is appointed by the City Council, serves as the City's Treasurer and appoints department heads and employees to provide services to the community. City Clerk - The City Clerk has the responsibility of conducting all municipal elections, providing administrative support to the City Council, recording their actions and maintaining records for review. The City Clerk is also the Records Supervisor. Departments - The administrative branch of Diamond Bar's government consists of: (1) Administration, which includes City Clerk, Finance, Human Resources/Risk Management, Information Systems, and Public Information; (2) Community Development, which includes Planning and Neighborhood Improvement; (3) Recreation; (4) Public Works, which includes Engineering, Parks & Facilities Maintenance and Street Maintenance Services. The City contracts for Police, Fire Services and Building and Safety. Department Directors and contractors are responsible to the City Manager. The City Manager directs the work of all departments by direction of the City Council. III. COMMISSION MEMBERSHIP AND OPERATIONS Membership The Traffic and Transportation Commission consists of five (5) members, each of whom shall be a resident of the City of Diamond Bar. Each member of the Traffic and Transportation Commission shall be appointed by one member of the City Council. If a member of the City Council fails to make an appointment within thirty days of a vacancy, a majority of the City Council shall appoint to fill the unexpired term of the vacancy. The terms of office for the Commission shall be two-years expiring on February 28th of even numbered years. Each member of the Traffic and Transportation Commission shall be deemed to have resigned from his/her position on the Commission ninety (90) calendar days after the succession of the Councilmember who appointed the Commissioner. That position will be deemed vacant and available for appointment for the otherwise unexpired term, if any. Officers The Traffic and Transportation Commission shall, at its first regular meeting in March of each calendar year, elect a Chairperson and Vice-Chairperson from among its appointed members for a term of one year. The Commission may create and fill such other offices as may be deemed necessary. Chairperson - The Chairperson shall be the Presiding Officer at all meetings of the Commission. In the absence of the Chairperson, the Vice Chairperson shall preside. In the absence of both the Chairperson and the Vice-Chairperson, the commission shall elect a temporary Presiding Officer to serve until the arrival of the Chairperson or Vice-Chairperson or until adjournment. The Chairperson shall sign resolutions and documents approved by the Commission at meetings when he or she is in attendance. In the event of his or her absence, the Vice-Chairperson shall sign all such documents as have been adopted and approved. In the absence of the Chairperson and the Vice-Chairperson, the temporary Presiding Officer shall sign all such documents as have been approved and adopted during the meeting at which he or she presided. The Chairperson or Presiding Officer is responsible for the maintenance of order and decorum at all times. No person should be allowed to speak who has not first been recognized by the Chair. All questions and remarks should be addressed to the chair. Vice-Chairperson - The Vice-Chairperson, in the Chairperson's absence or inability to act, shall take the place of and perform all duties of the Chairperson. The Chairperson may appoint special subcommittees of less than a quorum of the Commission. Subcommittees may then meet to carry out their assigned tasks and meetings will be arranged by staff. Vacancies If a vacancy occurs, other than by expiration of a term, an appointment to fulfill the unexpired remainder of the term shall be made within thirty (30) calendar days by the Councilmember who appointed, or had the opportunity to appoint, the Commissioner whose position was vacated. If that Councilmember fails to appoint within the thirty-day period, a majority of the City Council shall appoint to fill the vacancy. If a member of the Traffic and Transportation Commission is absent from three (3) consecutive regular meetings, or from more than fifty percent (50%) of the regular meetings in any one (1) year, the office of said Commissioner shall thereupon be deemed vacant and the Secretary to the Commission shall immediately inform the City Council thereof. Any member of the Traffic and Transportation Commission may be removed without cause during his/her term of office by a four-fifths vote of the City Council. No such member may be removed during the initial three months of any term of office for which he/she is appointed except by unanimous vote of the City Council. Quorum A quorum consists of a majority (3) of the members of the Commission and is sufficient to conduct business. Motions may be passed 2-1 if only 3 Commissioners are in attendance. A quorum is required for the conduct of business at any meeting whether it is a regular, adjourned or special meeting. While a Commissioner is expected to be present at all meetings, if he/she knows in advance that his or her attendance is not possible, he or she should notify the Secretary to the Commission. If a majority of Commissioners will not be present to allow for a quorum, staff representatives and news media shall be notified by a written notice. The door at the meeting room should also be posted with this information. Meetings Regular Meetings - The Traffic and Transportation Commission meets on the second Thursday of every other month at 6:30 p.m. at the Diamond Bar City Hall – Windmill Community Room, 21810 Copley Drive as specified in a Resolution adopted by the Commission. The meeting time and place may be changed with 24-hour notice duly given to the public and media to accommodate specific needs. Adjourned Meetings - If, for any reason, the business to be considered at a regular meeting cannot be completed, the Commission may designate a time and date for an adjourned meeting. Any matter to be considered at the regular meeting may be processed at an adjourned meeting. The adjournment must be announced to the public present at the time and recorded in the minutes. A notice of adjournment must be posted near the door of the room where the meeting was held within 24 hours of said adjournment. Any meeting may be adjourned to a time, place, and date certain, but not beyond the next regular meeting. Once adjourned, the meeting may not be reconvened. Special Meetings - Special meetings shall be open to the public and held at such time and place as the Commission determines. Special meetings may be called by the Chairperson or majority of Commissioners or the Secretary with notice given to the City Council and media at least 24 hours prior to the special meeting. The notice of the meeting must specify the time and place of the meeting and the business to be transacted, and only matters specified in the notice may be considered pursuant to Section 54956 of the California Government Code. Study Sessions - Study sessions, often called "work sessions" are usually informal, though public. They are usually scheduled as adjourned regular meetings and have a separate agenda. Notice of all meetings shall be made pursuant to California Government Code Sections 54950, et seq., and agendas shall be posted as required by law. All regular and adjourned meetings, study sessions and special meetings of the Commission shall be open to the public. Agenda for Meetings The Secretary to the Commission is responsible for preparation and distribution of the agenda and supporting documents prior to each meeting. The Order of Business of each meeting shall be as contained in the Agenda prepared by the Secretary. The Agenda shall be a listing by topic of subjects which shall be taken up for consideration and disposition in the order established by Commission policy. However, with the unanimous consent of the Commission, items may be taken out of order. Any person wishing to place an item on the Agenda shall advise the Secretary no later than 12:00 Noon on Wednesday preceding the meeting at which he or she wishes the item to be considered. No matters other than those on the Agenda shall be finally acted upon by the Commission; provided, however, that matters not on the Agenda but deemed to be emergencies or of an urgent nature by any Commissioner, the City Manager or the Secretary may be submitted for Commission consideration and action in accordance with state law. The Commission packet will be available by 4 p.m. on the Monday preceding the Commission meeting on Thursday. Compensation The Commission will be compensated for attending regularly scheduled, adjourned or special meetings, in the amount of Forty-five ($45.00) dollars per each Traffic and Transportation Commission Meeting actually attended during any calendar month to a maximum of One Hundred Thirty-Five ($135.00) dollars per month, per Resolution No. 90 – 75A of the City Council of Diamond Bar. The Secretary to the Commission is responsible for processing warrants for payments and Commissioners will be paid on a monthly basis. Each Commissioner has the right and opportunity to waive his or her right to be compensated and a letter of waiving that right must be sent to the City Manager. Reimbursement The Commission may receive reimbursement for travel, meals, lodging and related expenses incidental to the performance of their official duties, including attendance at seminars, conferences or training courses. Prior approval is required to be obtain from the City Council for attendance at seminars or conferences. All other expenses require City Manager approval. Said expenses may by advanced to Commissioners or otherwise paid in accordance with policies, established by City Council. The Secretary to the Commission will handle all paperwork necessary to receive compensation. Staff Liaison The Public Works Director shall be the Secretary to the Traffic and Transportation Commission. IV. COMMISSION ROLE Purpose As defined in Diamond Bar Municipal Code 2.40.030, the purposes of the Commission will be: To act in an advisory capacity to the City Council in the review and development of systems, facilities, plans, policies and programs concerning rail, bus and other forms of private and public transportation within the City and effecting the City. To assist City agencies in providing input into the planning and implementation process of transportation systems within the City or effecting the City. To assist in studies and reviews of public transportation as the same may affect the City and in preparing recommendations for project implementation in connection therewith and, further, to review and advise on proposals, reports and studies of various public and private agencies as the same may affect the transportation needs of the city. To recommend to the City Council and to the City Traffic Engineer and other City official’s ways and means for improving traffic conditions and the administration and enforcement of traffic regulations. To hear complaints and receive comments from citizens pertaining to traffic issues throughout the community and to make recommendations thereon to the City Council. To fulfill such additional assignments made with respect to public and private transportation issues and traffic and circulation issues as assigned by the City Council from time to time. Meeting Procedures The following steps are recommended for the efficient conduct of meetings: Call to order: Every meeting shall be called to order by the Presiding Officer. In the absence of both the Chairperson and Vice-Chairperson, the meeting shall be called to order by the Secretary, whereupon the Secretary shall immediately call for the selection of a temporary Presiding Officer. Roll Call: The order of roll call shall be alphabetical with the Chairperson called last, and the Secretary shall enter the names of those present in the Minutes. 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 Commission on items or matters of interest to the public that are not already scheduled for consideration on the agenda. The speaker may complete a voluntary request to address the Commission form and hand same to the Secretary. Consent Calendar: All matters under consent items on the agenda are considered routine and will be acted upon without discussion unless a Commissioner or member of the audience has a question or would like to discuss an item. In that event, the Chairperson will remove that item from the Consent Calendar and place it for separate consideration. Presentation by Members of the Commission: Any Commissioner may bring before the Commission any new business. These matters need not be specifically listed on the Agenda, but action on such matters must be deferred until a subsequent meeting unless acted upon pursuant to California Government Code Section 54954-2. Points of Order: The Presiding Officer shall determine all Points of Order subject to the right of any member to appeal to the Commission. If any appeal is taken, the question shall be "Shall the decision of the Presiding Officer be sustained?" in which event a majority vote shall govern and conclusively determine such question of order. Decorum and Order - Commission Members: Every Commissioner desiring to speak shall address the Chairperson and, upon recognition by the Presiding Officer, shall confine himself or herself to the question under debate. Every Commissioner desiring to question the administrative staff shall address his or her question to the Secretary who shall be entitled either to answer the inquiry directly or to designate some member of staff for the purpose. A Commissioner, once recognized, shall not be interrupted while speaking unless called to order by the Presiding Officer, unless a Point of Order is raised by another Commissioner or unless the speaker chooses to yield to questions from another Commissioner. If a Commissioner is called to order while speaking, he or she shall cease speaking immediately until the question of order is determined. If ruled to be in order, he or she shall be permitted to proceed. If ruled to be not in order, he or she shall remain silent or shall alter his or her remarks so as to comply with rules of the Commission. Commissioners shall accord the utmost courtesy to each other, to City employees, and to the public appearing before the Commission and shall refrain at all times from rude and derogatory remarks, reflections as to integrity, abusive comments and statements as to motives and personalities. Any Commissioner may move to require the Presiding Officer to enforce the rules, and the affirmative vote of a majority of the Commission shall require him or her to so act. Members of the Commission shall not leave their seats during a meeting without the consent of the Presiding Officer. Participation of Presiding Officer: The Presiding Officer may move, second, and debate from the Chairperson, subject only to such limitation of debate as are imposed on all Commissioners, and shall not be deprived of any of the rights and privileges of a Commissioner by reason of acting as Presiding Officer. However, the Presiding Officer is primarily responsible for the conduct of the meeting. If he or she desires to personally engage in extended debate on questions before the Commission, the Presiding Officer should consider turning the Chair over to another Commissioner. Decorum and Order - Employees: Members of the administrative staff and employees of the City shall observe the same rules of procedure and decorum applicable to members of the Commission. The Secretary shall insure that all City employees observe such decorum. Any staff member, including the Secretary, desiring to address the Commission or members of the public shall first be recognized by the Chairperson. All remarks shall be addressed to the Chairperson and not to any one individual Commissioner or public member. Decorum and Order - Public: Public members attending commission meetings shall observe the same rules of order and decorum applicable to the Commission. Any person making impertinent and slanderous remarks or who becomes boisterous while addressing the Commission or while attending the Commission meeting shall be removed from the room by the sergeant-at-arms if so directed by the Presiding Officer, and such person may be barred from further audience before the Commission. Unauthorized remarks from the audience, stamping of feet, whistles, yells, and similar demonstrations shall not be permitted by the Presiding Officer, who shall direct the sergeant-at-arms to remove such offenders from the room. Aggravated cases shall be prosecuted on appropriate complaint signed by the Presiding Officer. Enforcement of Decorum: The Secretary shall be ex-officio sergeant-at-arms of the Commission and shall carry out all orders and instructions given him or her by the Presiding Officer for the purpose of maintaining order and decorum. Any person disrupting Commission proceedings may be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by fine or imprisonment or both. Upon instructions from the Presiding Officer, it shall be the duty of the Secretary or his or her representative to eject any person from the meeting. Personal Privilege: The right of a member to address the Commission on a question of personal privilege shall be limited to cases in which such member's integrity, character, or motives, are assailed, questioned, or impugned. Personal Interest: No member prevented from voting by personal interest shall remain on the Dias during the debate and vote on any such matter, unless permitted by the Chairperson. In the event of such conflict, the member shall publicly state the grounds for the record and upon acceptance by the Chairperson shall leave his or her seat during debate on the issue. Limitation of Debate: No member shall be allowed to speak more than once upon any one subject until every other member choosing to speak thereon shall have spoken. No member shall speak for a longer time than five minutes each time he or she has the floor, without the approval of majority vote of the Commission. Dissents and Protests: Any member shall have the right to express dissent from or protest any action of the Commission and have the reason entered in the minutes. Such dissent or protest to be entered in the minutes shall be made in the following manner: "I would like the minutes to show that I am opposed to this action for the following reasons ... ". Procedures in Absence of Rules: In the absence of a rule to govern a point of procedure, Robert's Rules of Order shall govern. Manner of Addressing the Commission: Any person desiring to address the Commission shall proceed to the podium and wait to be recognized, he or she shall state his or her name and address for the record and shall limit his or her remarks to the questions under discussion. All remarks and questions shall be addressed to the Chairperson and not to any individual Commissioner, staff member or other person. No person shall enter into any discussion without being recognized by the Presiding Officer. Time Limitation: Any public member addressing the Commission shall limit his or her address to five (5) minutes unless further time is granted by the Chairperson. Addressing the Commission after Motion is made: After a motion has been made or after a public hearing has been closed, no person shall address the Commission without first securing permission by a majority vote of the Commission. Written Correspondence: The Secretary is authorized to receive and open all mail addressed to the Commission as a whole and give it immediate attention to the end that all administrative business referred to in said communications and not necessarily requiring Commission action may be disposed of between meetings. Any communication requiring action will be reported to the Commission at its next regular meeting together with a report and recommendation of the Secretary. Regular Agenda Items: - Announce the item and what is to be discussed. - Ask staff to present the report. - Ask the Commission if they have questions for staff. - Open the item for public discussion. - Invite those in favor of the item to speak. - Invite those in opposition to the item to speak. - Ask staff if any written communications have been received and, if so, have them read or summarized into the record. - Ask the Commission if they have questions for staff or public. - Turn the item over to the Commission for discussion. - After a motion is made and seconded, the matter may be discussed by the Commission. If there is no second, the motion dies. Amendments may be made by proposal of new motions but are only effective upon receiving a second. Discussion of an amendment may only take place after a motion has been made and seconded. The amendment must be voted upon by the entire Commission and if defeated, then the original motion will be voted upon. Motions The substance of a motion is presented by the moving Commissioner, requires a second, and normally only requires a majority or a quorum (like most resolutions). A roll call vote is not necessary, but a roll call in all instances is appropriate. Processing of Motions When a motion is made and seconded, it shall be stated by the Presiding Officer before debate. A motion shall not be withdrawn by the mover without the consent of the member seconding it and the approval of the Commission. Motions Out of Order The Presiding Officer may at any time, by majority consent of the Commission, permit a member to introduce an ordinance, resolution, or motion out of the regular Agenda order. Division of Question If the question contains two or more divisible propositions, the Presiding Officer may, and upon request of a member shall (unless appealed), divide the same. Precedence of Motions When a motion is before the Commission, no motion shall be entertained except the following which shall have precedence in the following order: a. Adjourn b. Fix hour of Adjournment c. Table d. Previous Question e. Amend f. Postpone Motion to Adjourn (not debatable) A motion to adjourn shall be in order at any time except as follows: a. When repeated without intervening business or discussion, b. When made as an interruption of a member while speaking, c. When the previous question has been ordered, and d. While a vote is being taken. A motion to adjourn "to another time" shall be debatable only as to the time to which the meeting is adjourned. Motion to Fix Hour of Adjournment Such a motion shall be to set a definite time at which to adjourn and shall be undebatable and unamendable except as to time set. Motion to Table A motion to table shall be used to temporarily by-pass the subject. A motion to table shall be undebatable and shall preclude all amendments or debate of the subject under consideration. If the motion shall prevail, the matter may be "taken from the table" at any time prior to the end of the next regular meeting. Motion for Previous Question Such a motion shall be used to close debate on the main motion and shall be undebatable. If the motion fails, debate shall be reopened; if the motion passes, a vote shall be taken on the main motion. Motion to Amend A motion to amend shall be debatable only as to amendment. A motion to amend an amendment shall be in order, but an amendment to amend an amendment to an amendment shall not be in order. An amendment modifying the intention of a motion shall be in order, but an amendment relating to a different matter shall not be in order. A substitute motion on the same subject shall be acceptable, and voted on before a vote on the amendment. Amendments shall be voted first, then the main motion as amended. Motion to Continue Motions to continue to a definite time shall be amendable and debatable as to propriety of postponement and time set. Resolutions Resolutions should be in written form before the Commission. The appropriate motion is "I move that Resolution No. be adopted." Reading of the title is not legally required. Upon seconding, a vote is taken. A roll call vote is the desirable procedure on all resolutions. Resolutions Prepared in Advance Where a resolution has been prepared in advance, the procedure shall be: motion, second, discussion, vote and result declared. It shall not be necessary to read a resolution in full or by title except to identify it. Any member may call for a roll call vote or require that the resolution be read in full. Resolutions Not Prepared in Advance Where a resolution has not been prepared in advance, the procedure shall be to instruct the staff to prepare a resolution for presentation at the next meeting as follows: motion, second, "no objections? - so ordered". Urgency Resolutions In matters of urgency a resolution may be presented verbally in motion form together with instructions for written preparation for later execution. After the resolution has been verbally stated, the voting procedure for resolutions prepared in advance shall be followed. Urgency resolutions shall be avoided except when absolutely necessary. Voting Question to be Stated The Presiding Officer may verbally restate each question immediately prior to calling for the vote. Following the vote, the Presiding Officer may verbally announce whether the question carried was defeated. The Presiding Officer may also publicly state the effect of the vote for the benefit of the audience before proceeding to the next item of business. Voting Procedure On the passage of every motion, the vote shall be taken by voice or roll call and entered in full upon the record. The order of voting shall be alphabetical with the Chairperson voting last. Roll Call Voting Resolutions shall be considered by roll call vote. Any other questions before the Commission shall not require a roll call vote unless demanded by any member before the negative has been put. It shall not be in order for members to explain their vote during roll call. Any member may change his or her vote before the next order of business. Failure to Vote Every member shall vote unless disqualified for cause accepted by vote of the Commission or by opinion of the City Attorney. Self-disqualification, without approval, which results in a tie vote shall be avoided as thwarting Commission action, but no Commissioner who abstains shall in effect consent that a majority of the quorum may act for him or her. Tie votes shall be lost motions and may be reconsidered. Reconsideration Any member who voted with the majority may move a reconsideration of any action at the same meeting. After a motion for reconsideration has once been acted on, no other motion for reconsideration thereof shall be made without unanimous consent of the Commission. Staff Responsibilities The Director of Public Works lends technical support to the Commission and serves as the Secretary to the Commission. He or she provides the data, information and professional counsel to the Commission while serving as liaison between policy formulation and implementation of same through administrative procedures. The Director of Public Works is primarily responsible for administering the day-to-day operation and functions of the Public Works Department within the policies and guidelines as established by the City Council and the City Manager. It is also the responsibility of the Public Works Director to function as communicator between staff, the Commission and the City Manager. The Public Works Director will facilitate clear, concise and efficient communication of all direct questions, comments, and requests for information between the Commission, City Manager and staff as well as similar requests between individual Commissioners and individual staff. The City Manager will assign additional staff to assist the Commission in a technical and professional capacity, as needed. It is not expected that every staff recommendation will be followed; however, because of staff's technical knowledge, full consideration should be given to their recommendations. Staff members make objective recommendations without consideration of personal or political consequences. Following a staff report or recommendation to the Commission, staff is at liberty to make the same recommendation to the City Council via the City Manager, even though the Commission may have taken a different position. Staff Requests Procedures All Commissioners' requests for information from staff requiring extensive time commitments will come through the Commission as a whole at a regular meeting during Commissioner Comments. If a Commissioner considers the request an emergency, and time allows, he or she shall attempt to obtain the Chairperson's approval to direct the request to the Public Works Director. If the Chairperson is unavailable, then the Commissioner may directly contact the Public Works Director. The Public Works Director will then report to the Commission at the next regular meeting the nature of the request and the action taken. When a request is made by a Commissioner for copies of correspondence or information, then all Commissioners shall be sent copies of the same information. Each Commission may adopt rules and procedures to accomplish its duties. These rules are subject to City Council approval. Minutes Minutes are taken at all commission meetings, transcribed and included in the following agenda packet. Once approved, the minutes are forwarded to the City Council for their information. Minutes are then kept as the official record for the Traffic & Transportation Commission's actions and are open for public review. Unless the reading of the minutes of the previous meeting is requested by a majority of the Commission, such minutes may be approved without reading if the Secretary has previously furnished each Commissioner with a copy thereof. The minutes shall consist of a clear and concise statement of each and every action including the motions made and the vote thereon. Reasons for making a motion, or voting, debate and audience reaction are generally irrelevant for purposes of the minutes. Such items may be included if considered to be particularly relevant or otherwise necessary by the Secretary in the first instance and by the Commission in the final instance. The Secretary shall have exclusive responsibility for preparation of the minutes, and any directions for changes in the minutes shall be made only by action of the Commission. Commission Recommendations All actions of the Commission are of an advisory nature and are forwarded to the City Council by staff. A review of each recommendation is conducted by City Council and the City Manager for possible placement on a future City Council agenda. The Commission may only recommend items to Council that are included on regular agendas and are duly voted upon by a majority of the Commission. It is the Public Works Director’s responsibility to forward all Commission recommendations to the City Manager. Relations with City Council, Commissions and Committees In areas where there is an overlap of jurisdiction between various Commissions, it is important that a liaison be developed to ensure consideration of the different viewpoints and to minimize duplications of efforts. Joint meetings with the City Council and other commissions and committees may be mutually beneficial whenever two bodies are simultaneously addressing the same topic. V. LEGAL CONSTRAINTS The Brown Act "All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter." (Government Code Section 54953) The law requires that meetings, at which a quorum of the Commission is in attendance, must be open to the public. Agendas must be posted 72 hours prior to regular meetings and they must contain a brief description of each item to be discussed in language understandable to the public. No action, or commitment, may be taken on items which are not on the posted agenda. No discussion may occur regarding an item which is not posted on the Agenda. Items brought up by the general public may be presented, but there will be no discussion held or action taken. The Commission may refer the item to staff. Every agenda must provide an opportunity for the public to address the Commission. A copy of the Brown Act is available in the City Clerk's office. Conflict of Interest In compliance with the Political Reform Act, the City of Diamond Bar adopted amendments to its Conflict-of-Interest Code on August 17, 2010. It states that newly designated Commissioners must file a Conflict-of-Interest Statement within thirty (30) days of appointment and thirty (30) days after leaving office. Forms are obtained from the City Clerk's office and must be filed with the City Clerk, no later than the due date. Disqualification from Commission Decisions As a Commissioner, if a matter in which you have a financial interest comes before the Commission on which you serve, and the decision will naturally affect that financial interest, you must disqualify yourself from all participation. This means you may not discuss the matter with your colleagues, may not participate in deliberations concerning the matter, must abstain from voting, and refrain from any attempt to influence the decision on this matter. Commissioner should leave the room while the matter is under consideration in order to avoid violating these prohibitions. The financial interest leading to abstention must be identified and recorded by the Secretary. If a reason is not offered, the Chairperson should request it. There are two exceptions to the general rule. The first exception is that a Commissioner will not be disqualified if the decision will affect the Commissioner's financial interest in the same manner it will affect the public generally. The second exception is that a Commissioner may be advocates on their own behalf, provided that they do this as any other citizen would. Personal interests are defined as real property or businesses owned entirely by a Commissioner and his/her immediate family, and businesses managed entirely by a Commissioner, spouse, or both. City officials should seek the advice of the City Attorney before becoming involved in any Commission decision wherein there is the possibility of conflict of interest. It is desirable to guard against even the suspicion of unethical conduct by any City Official. City Officials should be careful to avoid any act or statement that might be misconstrued. Their official behavior should appear to all concerned, to be above reproach. Public Records Law The Government Code of the State of California provides that all official records of the City are open for inspection by any interested citizen at reasonable times. All Commission minutes and supporting documents are public records and are available for public review and copying. Discrimination and Equal Protection All rules, regulations, laws, services, and facilities must apply equally to all persons and not give favor to any segment of the Community. Similarly, all policies and ordinances of the City must afford equal protection to all facets of the Community. Due Process Governmental procedures and processes generally provide that an affected party has a right to be heard and to present testimony during required public hearings. Unfair determinations, such as bias, predetermination, refusal to hear, etc., may invalidate a Commission action. VI. ORGANIZATIONAL CHART VII. APPENDIX CITY OF DIAMOND BAR STAFF TELEPHONE LIST ADMINISTRATION Daniel Fox, City Manager 839-7011 Ryan McLean, Assistant City Manager 839-7016 Anthony Santos, Assistant to the City Manager 839-7013 Alfa Lopez, Sr. Management Analyst 839-7015 Dannette Allen, Sr. Management Analyst 839-7012 HUMAN RESOURCES Amy Haug, Human Resources/Risk Management Manager 839-7018 Caroline Tonthat, Administrative Assistant 839-7017 CITY CLERK Kristina Santana, City Clerk 839-7010 Joan Cruz, City Council Office/Sr. Administrative Asst. 839-7014 Rebecca Siu, Sr. Office Specialist 839-7000 PUBLIC INFORMATION Marsha Roa, Public Information Manager 839-7055 Cecilia Arellano, Public Information Coordinator 839-7056 J.R. Ybarra, Media Specialist 839-7057 INFORMATION SYSTEMS Ken Desforges, Information Systems Director 839-7080 Ehren Magante, Network/Systems Administrator 839-7081 Alfredo Estevez, Information Systems Analyst 839-7083 Shady Gerguis, Information Systems Technician 839-7082 COMMUNITY DEVELOPMENT (PLANNING/BUILDING & SAFETY) Greg Gubman, Director of Community Development 839-7031 Stella Marquez, Administrative Coordinator 839-7030 PLANNING Grace Lee, Senior Planner 839-7032 Mayuko Nakajima, Associate Planner 839-7033 Assistant Planner (Vacant) 839-7034 Daniel Kim, Planning Intern 839-7036 Justin Jones, Sr. Neighborhood Improvement Officer 839-7025 Ronnie Ramirez, Neighborhood Improvement Officer 839-7026 BUILDING Raymond Tao, Building Official 839-7021 Plans Examiner 839-7035 Victor Olivares, Building Inspector 839-7024 Esmeralda Magallanes, Permit Coordinator 839-7020 Shelly Jenkins, Building Technician (Contract) 839-7022 Cecilia Olivares, Building Technician (Contract) 839-7099 RECREATION Ryan Wright, Recreation Director 839-7061 Andee Williams, Recreation Supervisor 839-7067 Ramiro Valderrama, Recreation Coordinator 839-7076 Jessica Rayela, Recreation Specialist 839-7073 Jake Velasco, Recreation Specialist 839-7062 RECREATION/DB CENTER Christy Murphy, Recreation Superintendent 839-7074 Robin Crawford, Administrative Assistant 839-7070 Crystal Knox, Recreation Coordinator 839-7072 Monique Weeks, Recreation Coordinator 839-7078 Evelin Rivero, Recreation Coordinator 839-7065 Recreation Specialist (Seniors) 839-7068 FINANCE Justin Jacobson, Finance Director 839-7051 Senior Accountant (Vacant) 839-7053 Accountant (Vacant) 839-7052 Tricia Negron, Accounting Technician 839-7048 Luisa Allen, Accounting Technician 839-7050 PUBLIC WORKS David Liu, Director of Public Works 839-7041 Marcy Hilario, Administrative Coordinator 839-7040 Debbie Gonzales, Administrative Coordinator 839-7060 PUBLIC WORKS/Engineering Hal Ghafari, Public Works Manager/Assistant City Engineer 839-7044 Christian Malpica, Associate Engineer 839-7076 Fabian Aoun, Associate Engineer 839-7038 Nicholas Delgado, Engineering Technician 839-7043 Jason Fuentes, Inspector 839-7039 PUBLIC WORKS/Maintenance Jorge Garcia, Maintenance Superintendent/Streets 839-7046 Chris Gonzales Sr. Street Maintenance Worker 839-7037 Street Maintenance Worker (Vacant) 839-7047 PUBLIC WORKS/Parks & Facilities Maintenance Anthony Jordan, Maintenance Superintendent/Parks 839-7063 Claude Bradley, Maintenance Supervisor/Facilities 839-7064 Jason Williams, Maintenance Supervisor 839-7059 Andrew Tolson, Sr. Maintenance Worker 839-7079 TRAFFIC & TRANSPORTATION COMMISSIONERS Gary Busteed 626/862-1855 20850 Gold Run Drive Kim Hsieh 909/773-2904 801 Rexford Court Surendra Mehta 909/861-6419 24325 E. Sunnycrest Court 909/437-4240 (work) Dr. Cynthia Quan 909/861-7318 2406 Clear Creek Lane 951/505-9942 (cell) Andrew Wong 714/425-6687 (work) 23404 Kidd Drive DESCRIPTION OF COMMISSIONS/COMMITTEES Planning Commission Comprised of five members, the Planning Commission reviews all development issues (tract maps, specific plans, hillside development, etc.) to assure they conform with the General Plan. Many actions of the Planning Commission are final, unless appealed to the City Council. Parks and Recreation Commission Comprised of five members, the Parks and Recreation Commission is an advisory board for the City Council on matters of Park Improvement Projects, recreation services and special events. The Commission deals with the scheduling of community sports organizations as well as City-sponsored sports activities and one-time park users. STATEMENT OF PRINCIPLES The proper operation of Diamond Bar government requires that: 1. Public officials be independent and impartial in their judgements and actions. 2. Decisions and policies be made in the proper channels of the governmental structure. 3. Public office, whether appointed or elected shall not be used for personal gain. 4. The public have confidence in the integrity and openness of its government and public officials. POLICIES FOR SERVICE The City Council has, therefore, adopted the following policies: Respect the importance of American ideals of government and the rule of the law. 2. Work for the common good of the City of Diamond Bar and its citizens and not for any private interests. 3. Provide fair, equal and courteous treatment for all persons and matters coming before the Council or any Commission. 4. Learn and study the background and purposes of important items of business before voting. 5. Perform faithfully all duties of office, including attendance at Commission training sessions. 6. Refrain from disclosing any confidential information concerning the government of the City of Diamond Bar. (For example: personnel, negotiations, litigation.) 7. Avoid accepting any gifts, or favors, or promises of future benefits, which might compromise or impair independence of judgement or action. 8. Refuse to approve any breach of public trust or improper attempts to influence any pending matter. 9. File a Conflict of Interest Statement with the City of Diamond Bar within ten (10) days of appointment as a public official. Make sure all "financial interests" are disclosed as required. Thereafter, file appropriate Conflict of Interest Statements as required by law. 10. Disclose financial interests, which are likely to be materially affected by the City's or Commission's decision, when performing City duties. 11. Refuse to vote, appoint a person, commit the City, enter into a contract, or otherwise make City decision in which you have a disqualifying financial interest. 12. Refuse to negotiate, advise, make recommendations, conduct research, or prepare any analysis or reports concerning City decisions in which they have disqualifying financial interest. 13. Decline any employment incompatible with public duty or resign from his/her position as a public official, elected or appointed. 14. Recognize that repeated disqualification demeans the value of our service to the City. If this is occurring, resignation would be appropriate.