Loading...
HomeMy WebLinkAbout030717 - Agenda - Regular Meetingvllai llwi llu City Council Agenda Tuesday, March 7, 2017 Study Session 1 r Room The Government Center South Coast Air Quality Management District/ Main Auditorium 21865 Copley Drive, Diamond Bar, CA 91765 JIMMY LIN RUTH M. LOW Mayor Mayor Pro Tem CAROL HERRERA NANCY A. LYONS STEVE TYE Council Member Council Member Council Member City Manager James DeStefano • City Attorney David DeBerry • City Clerk Tommye Cribbins Copies of staff reports or other written documentation relating to agenda items are on file in the Office of the City Clerk, and are available for public inspection. If requested, the agenda will be made available in an alternative format to a person with disability as required by Section 202 of the Americans with Disabilities Act of 1990. If you have questions regarding an agenda item, please contact the City Clerk at (909) 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. Have online access? City Council Agendas are now available on the City of Diamond Bar's web site at www.CityofD!amondBar.com 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 are open to the public and are broadcast live on Time-Warner Cable Channel 3 and Verizon FiOS television Channel 47. 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, Time-Warner Cable Channel 3, FiOS television Channel 47 and on the City’s website at www.ci.diamond-bar.ca.us. A full agenda packet is available for review during the meeting, in the foyer just outside the Council chambers. The City Council may take action on any item listed on the agenda. ACCOMMODATIONS FOR THE DISABLED A cordless microphone is available for those persons with mobility impairments who cannot access the podium in order to make a public comment. Sign language interpretation is available by providing the City Clerk three business days’ notice in advance of a meeting. Please telephone (909) 839-7010 between 7:30 a.m. and 5:30 p.m. Monday through Thursday and 7:30 a.m. to 5:30 p.m. on Fridays. HELPFUL PHONE NUMBERS Copies of agendas, rules of the Council, Cassette/Video tapes of meetings: (909) 839-7010 Computer access to agendas: www.ci.diamond-bar.ca.us General information: (909) 839-7000 Written materials distributed to the City Council within 72 hours of the City Council meeting are available for public inspection immediately upon distribution in the City Clerk’s Office at 21810 Copley Dr., Diamond Bar, California, during normal business hours. THIS MEETING IS BEING BROADCAST LIVE FOR VIEWING ON TIME- WARNER CABLE CHANNEL 3 AND FRONTIER FiOS TELEVISION CHANNEL 47, AS WELL AS BY STREAMING VIDEO OVER THE INTERNET AND BY REMAINING IN THE ROOM, YOU ARE GIVING YOUR PERMISSION TO BE TELEVISED. THIS MEETING WILL BE RE-BROADCAST EVERY SATURDAY AND SUNDAY AT 9:00 A.M. AND ALTERNATE TUESDAYS AT 8:00 P.M. AND ARE ALSO AVAILABLE FOR LIVE AND ARCHIVED VIEWING ON THE CITY’S WEB SITE AT WWW.DIAMONDBARCA.GOV. CITY OF DIAMOND BAR CITY COUNCIL AGENDA March 07, 2017 Next Resolution: 2017-07 Next Ordinance: 01(2017) STUDY SESSION: 5:30 p.m., Room CC-8 1. FEE STUDY UPDATE – DEVELOPMENT & ADMINISTRATIVE MISCELLANEOUS SERVICES - DISCUSSION AND ACTION. PUBLIC COMMENT CALL TO ORDER: 6:30 P.M. PLEDGE OF ALLEGIANCE: Mayor INVOCATION: Monsignor James Loughnane St. Denis Catholic Church ROLL CALL: Council Members Herrera, Lyons, Tye, Mayor Pro Tem Low, Mayor Lin APPROVAL OF AGENDA: Mayor 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: NONE. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: MARCH 7, 2017 PAGE 2 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 COMMENTS: 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 - March 9, 2017 - 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.2 Planning Commission Meeting - March 14, 2017 - 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.3 City Council Meeting - March 21, 2017 - 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Drive. 5.4 Joint Meeting of the City Council and Planning Commission - March 29, 2017 - 6:30 p.m., Windmill Community Room, 21810 Copley Drive. 5.5 State of the City - March 30, 2017 - 6:00 p.m., Diamond Bar Center Grand View Ball Room, 1600 South Grand Avenue. 6. CONSENT CALENDAR: 6.1 WAIVE READING IN FULL FOR ALL ORDINANCES AND RESOLUTIONS AND ADOPT THE CONSENT CALENDAR. 6.2 APPROVAL OF CITY COUNCIL MINUTES: 6.2.a Study Session of February 21, 2017. 6.2.b Regular Meeting of February 21, 2017. Recommended Action: Approve. Requested by: City Clerk MARCH 7, 2017 PAGE 3 6.3 TRAFFIC AND TRANSPORTATION COMMISSION MINUTES OF JANUARY 12, 2017. 6.3.a Minutes of January 12, 2017. Recommended Action: Receive and file. Requested by: Public Works Department 6.4 RATIFICATION OF CHECK REGISTER DATED FEBRUARY 16, 2017 THROUGH MARCH 1, 2017 TOTALING $ 1,357,898.37. Recommended Action: Ratify. Requested by: Finance Department 6.5 APPROVAL OF TREASURER'S STATEMENT FOR JANUARY, 2017. Recommended Action: Approve. Requested by: Finance Department 6.6 AWARD OF CONTRACT TO OPENGOV, INC., IN THE AMOUNT OF $32,450 ANNUALLY FOR FINANCIAL AND NON-FINANCIAL MANAGEMENT SOFTWARE SERVICES. Recommended Action: Award. Requested by: Finance Department 7. PUBLIC HEARINGS: 7.1 ADOPT ORDINANCE NO. 0X(2017): AN ORDINANCE OF THE CITY OF DIAMOND BAR MOVING CITY COUNCIL ELECTIONS TO A STATEWIDE GENERAL ELECTION DATE AS REQUIRED BY STATE LAW. Recommended Action: Receive Staff's Presentation, Open the Public Hearing, Receive Testimony, Close the Public Hearing, Discuss and Adopt. Requested by: City Manager 8. COUNCIL CONSIDERATION: NONE. 9. COUNCIL SUB-COMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: 10. ADJOURNMENT: Agenda #: 1 Meeting Date: March 7, 2017 CITY COUNCIL STUDY S ESSION REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Manager FROM: Ryan McLean, Assistant City Manager TITLE: FEE STUDY UPDATE – DEVELOPMENT & ADMINISTRATIVE MISCELLANEOUS SERVICES - DISCUSSION AND ACTION. BACKGROUND: The City of Diamond Bar provides customer service-focused and cost-effective municipal services to the public. These services can be classified as community supported services or personal choice services. Community supported services have an implicit rationale for subsidization based on overall community welfare, such as social and safety services like parks and public safety, and are generally funded with taxes. Personal choice services are those provided directly to individuals for personal benefit that can be otherwise withheld for non-payment, such as building permits and facility rentals. The general assumption is that the cost of providing personal choice services is that their cost should be primarily borne by the individual receiving the benefit rather than be subsidized by the taxpayer. Cities customarily perform fee study updates at regular intervals to determine if fees are in line with operating costs and to make policy decisions to determine the appropriate level of subsidy, if any. The City’s most recent analysis was performed in 2009, which resulted in the City Council adopting a three year phased fee increase plus an annual Consumer Price Index (CPI) adjustment each fiscal year thereafter. The City Council’s 2009 action did not result in full cost recovery, and the majority of personal choice services remain subsidized today. In 2016, the City Manager authorized Revenue Cost Specialists (RCS) to perform a comprehensive user fee study for a total not-to-exceed cost of $26,000. RCS is an expert in the field of cost analysis, completing comprehensive fee studies that provide a documented and systematic approach to managing fees and maintaining long -term financial sustainability for cities across the state. The RCS report was commissioned with the following goals in mind: 1. Conduct a cost and revenue analysis to determine the fully-burdened cost of 1 Packet Pg. 6 personal choice services, including all direct and indirect costs, and identify subsidies. 2. Identify the beneficiary of City services to determine if the r ecipient is paying in relationship to the benefits derived or if the service has community benefits and is deserving of subsidy. 3. Develop a legally defensible baseline for calculating personal services fees under the “costs reasonably borne” test under Article XIIB of the California Constitution. The test provides that the City is entitled to collect fees for personal choice services that include all applicable direct and indirect costs, overhead, and debt service costs as established in the study. While the City Council may choose to subsidize any or all personal choice services, failing to collect all costs reasonably borne in providing the service will lead to inequity between taxpayers and the recipient of the service (taxpayer subsidization). 4. Recommend fee and policy adjustments to ensure the City’s long-term financial health and ability to maintain service levels. To develop the report and meet these goals, RCS conducted extensive interviews across departments over a period of months, establishing tim e and volume data for each service while compiling associated overhead costs (personnel/consultants, facility costs, maintenance, equipment and supplies, other administrative overhead, etc.). This complete approach provides a more accurate reflection of th e true cost of each service than would a standardized blended hourly personnel rate. DISCUSSION: The results of the study show that full costs of delivering fee -financed personal choice services exceed current and expected fee revenues on an annual basis in all service centers (Development Services, Parks & Recreation, & Administrative/Miscellaneous Services), meaning that tax dollars are diverted to subsidize the difference between fee revenues collected and full business costs incurred. Acknowledging the extensive amount of services provided and complexity of the policy matters related to the fee study, staff will present recommendations for Parks & Recreation to the City Council at a future meeting and will focus now on the results for Development and Administrative/Miscellaneous Services. Development Services are classified as those services provided by the Community Development and Public Works Departments, specifically under the Building & Safety, Engineering, and Planning Divisions. Specific services include development, plot plan, and environmental reviews, plan checks and inspections, and various permits (building, grading, CUP/TUP, encroachment, etc.), among many others. These personal choice services mainly benefit a developer or specific proper ty owner and their costs would not otherwise be borne by the City. In FY 2015-16, the City’s Development Services fees were subsidized by 38.3%, for a total taxpayer subsidy of $917,534. Administrative/Miscellaneous Services include a variety of services not classified under the City’s other service centers. These include various permits (film, self -haul, parking, etc.), false alarm billing, and NSF check fees, among others. Like Development 1 Packet Pg. 7 Services outlined above, these personal choice services benefit or are otherwise the result of individual action and would not otherwise be borne by the City. In FY 2015 -16, the City’s Administrative/Miscellaneous Services fees were subsidized by 14.2%, for a total taxpayer subsidy of $25,493. It should be noted that any fees found in the study to be exceeding the costs reasonably borne will be reduced to the correct level. ANALYSIS: The City Council has a 28-year history of prudent fiscal management, resulting in balanced budgets and significant reserves, even in th e midst of the 2008 national economic recession. To maintain this strong foundation as the City matures, the City Council should enact policy that protects long-term financial sustainability and the City’s limited revenue sources. As a primarily built-out bedroom community, Diamond Bar’s large-scale commercial growth potential is inherently limited, and the City does not currently have the luxury of a mall, auto dealerships, or major tourist attractions that generate significant sales and transient occupanc y tax revenues. Furthermore, Diamond Bar’s 5.9% share of the County property tax pool is among the lowest in the County, offering little cushion to absorb subsidies over time. These facts highlight the need to maintain strategic fiscal management and redu ce tax subsidies so those monies can be used to pay for services with community-wide benefits. As costs increase over time, the City’s tax subsidies for personal choice services will also increase, leaving the Council with a choice between continuing taxpayer subsidies and reducing service levels or adjusting fees to capture the costs reasonably borne by providing the service to an individual or developer. To better account for the City’s ongoing business costs, it is appropriate to make adjustments to fees for those services. Therefore, staff recommends that the City Council move to eliminate tax subsidies for personal choice services in the Development and Administrative/Miscellaneous Services categories, with some minor exceptions as noted in the attached matrices (Exhibits A, B, & C). Approval of this recommendation would result in a conservatively estimated subsidy reduction of $652,675. To provide additional context to the discussion, staff has included the following examples. Example 1: Business License Fees The vast majority of California cities require licensing for all businesses. This regulatory permit provides a check to ensure all businesses within the city limits are in compliance with local zoning requirements and city ordinances. Many cities base business license fees on gross receipts, generating significant annual revenues to the City. To maintain the City’s commitment to business-friendly practices, Diamond Bar’s business license initiation and renewal fees are set at $11 annually. These r ates are unchanged with staff’s recommendation. Example 2: Water Heater/Dishwasher Permit A water heater/dishwasher installation permit is a common building and safety plumbing 1 Packet Pg. 8 inspection/permitting service. The permit fee is made up of the following comp onents, as follows: Water Heater/Dishwasher Permit Component Current Proposed Change Plumbing Inspection Fee $61.62 $53.68 -$7.94 Permit Fee $36.12 $43.34 $7.22 Retention Fee $2.00 $4.85 $2.85 Total $99.74 $101.87 $2.13 Example 3: Reroof (2,200 square feet) Reroofing permits and inspections are common services requested by homeowners. The total permit fee is made up of the following components, as follows: Reroof (2,200 square feet) Component Current Proposed Change Construction Inspection Fee $192.22 $230.68 $38.47 Permit Fee $36.12 $43.34 $7.22 Retention Fee $2.00 $13.70 $12.70 SMIP (State Fee) $2.00 $2.00 $0.00 BASF (State Fee) $1.00 $1.00 $0.00 Total $233.34 $290.72 $57.38 Example 4: Electrical Panel Upgrade (200) This example shows the proposed change in cost for an electrical permit and inspection. Electrical Panel Upgrade (200) Component Current Proposed Change Electrical Inspection Fee $72.28 $87.90 $15.62 Permit Fee $36.12 $43.34 $7.22 Retention Fee $2.00 $6.56 $4.56 Total $110.40 $137.80 $27.40 Example 5: Solar Plan Check/Inspection (7.56kW roof system) More and more homeowners are choosing to install rooftop solar generating systems on their properties to reduce energy costs and produce clean energy. Solar Plan Check/Inspection (7.56kW roof system) Category Current Proposed Change Single Family Residence $500.00 (+ $15 per kW) $305.00 -$195.00 Commercial Structure $1,000.00 (+ $7 per kW) $1,050.00 (+$5 per kW) $50.00 1 Packet Pg. 9 Example 6: Streamlined Plot Plan Review This is a service reviews design and code/zoning compliance for a project with an addition of 300-500 square feet. This service requires significant staff processing time (nearly four hours on average) and is currently highly subsidized. To reduce costs to homeowners in the future, this service has been separated from a standard plot plan review that carries a higher fee (they are currently bundled with standard/larger plot plans). Streamlined Plot Plan Review Current Proposed Change $245.62 $590.00 $344.38 Example 7: Plot Plan Review This service reviews design and code/zoning compliance for more significant projects such as a new second story or an addition not more than 50% of the existing square feet. This service requires significant staff processing time (more than 10 hours on average) and is currently highly subsidized. Plot Plan Review Current Proposed Change $245.62 $1,670 $344.38 Example 8: NSF Check Processing (Administrative/Miscellaneous Services example) This service is for processing an insufficient funds check. NSF Check Processing Current Proposed Change $15.00 per check $46.00 per check $31.00 CONCLUSION: Staff requests that the City Council review the results and recommendations and provide direction to staff. Upon receipt of the Council’s direction, staff will prepare a Master Fee Resolution for Development and Administrative/Miscellaneous Fee for consideration and adoption at an upcoming meeting. As mentioned above, staff will present the results and recommendations for Parks & Recreation at a later date. Attachments: 1. 1.a Cost of Services Study - Attachment A Planning Engineering 2. 1.b Cost of Services Study - Attachment B Building 3. 1.c Cost of Services Study - Attachment C Admin Services 1 Packet Pg. 10 APPENDIX A SUMMARY OF CURRENT AND PROPOSED FEES FOR PLANNING ENGINEERING 1.a Packet Pg. 11 At t a c h m e n t 1 . a : C o s t o f S e r v i c e s S t u d y - A t t a c h m e n t A P l a n n i n g E n g i n e e r i n g ( 1 1 9 9 : F e e S t u d y ) CITY OF DIAMOND BAR FEE COMPARISON REPORT FY 2016-2017 January 31, 2017 1 REF #: S-001 TITLE: CONDITIONAL USE PERMIT - MINOR CURRENT FEE RECOMMENDED FEE $1,444.81 Deposit $1,595 per application plus $2,000 deposit with charges at the fully allocated hourly rates for all project personnel plus any outside costs. REF #: S-002 TITLE: CONDITIONAL USE PERMIT - MAJOR CURRENT FEE RECOMMENDED FEE $2,889.62 Deposit $1,995 per application plus $4,000 deposit with charges at the fully allocated hourly rates for all project personnel plus any outside costs. REF #: S-003 TITLE: CONDITIONAL USE PERMIT AMENDMENT CURRENT FEE RECOMMENDED FEE None $2,835 per application REF #: S-004 TITLE: ADMINISTRATIVE DEVELOPMENT REVIEW CURRENT FEE RECOMMENDED FEE $1,444.81 Deposit $1,755 per application plus $2,000 deposit with charges at the fully allocated hourly rates for all project personnel plus any outside costs. REF #: S-005 TITLE: DEVELOPMENT REVIEW CURRENT FEE RECOMMENDED FEE $2,889.62 Deposit $2,855 per application plus $5,000 deposit with charges at the fully allocated hourly rates for all project personnel plus any outside costs. REF #: S-006 TITLE: PLOT PLAN REVIEW CURRENT FEE RECOMMENDED FEE $245.62 per project $1,670 per application 1.a Packet Pg. 12 At t a c h m e n t 1 . a : C o s t o f S e r v i c e s S t u d y - A t t a c h m e n t A P l a n n i n g E n g i n e e r i n g ( 1 1 9 9 : F e e S t u d y ) CITY OF DIAMOND BAR FEE COMPARISON REPORT FY 2016-2017 January 31, 2017 2 REF #: S-007 TITLE: STREAMLINED PLOT PLAN REVIEW CURRENT FEE RECOMMENDED FEE $245.62 per application $590 per application REF #: S-008 TITLE: ZONING CLEARANCE CURRENT FEE RECOMMENDED FEE $43.34 per application $75 per application REF #: S-009 TITLE: GENERAL PLAN AMENDMENT CURRENT FEE RECOMMENDED FEE $5,849.92 Deposit $10,000 deposit with charges at the fully allocated hourly rates for all personnel involved plus any outside costs. REF #: S-010 TITLE: SPECIFIC PLAN CURRENT FEE RECOMMENDED FEE $5,779.25 Deposit $10,000 deposit with charges at the fully allocated hourly rates for all personnel involved plus any outside costs. REF #: S-011 TITLE: SPECIFIC PLAN AMENDMENT CURRENT FEE RECOMMENDED FEE None $5,000 deposit with charges at the fully allocated hourly rates for all personnel involved plus any outside costs. REF #: S-012 TITLE: ZONING CODE AMENDMENT CURRENT FEE RECOMMENDED FEE $5,779.24 Deposit $10,000 deposit with charges at the fully allocated hourly rates for all personnel involved plus any outside costs. 1.a Packet Pg. 13 At t a c h m e n t 1 . a : C o s t o f S e r v i c e s S t u d y - A t t a c h m e n t A P l a n n i n g E n g i n e e r i n g ( 1 1 9 9 : F e e S t u d y ) CITY OF DIAMOND BAR FEE COMPARISON REPORT FY 2016-2017 January 31, 2017 3 REF #: S-013 TITLE: ZONING MAP AMENDMENT CURRENT FEE RECOMMENDED FEE $5,779.24 Deposit $10,000 deposit with charges at the fully allocated hourly rates for all personnel involved plus any outside costs. REF #: S-014 TITLE: DEVELOPMENT AGREEMENT CURRENT FEE RECOMMENDED FEE $4,334.43 Deposit $10,000 deposit with charges at the fully allocated hourly rates for all personnel involved plus any outside costs. REF #: S-015 TITLE: ANNEXATION CURRENT FEE RECOMMENDED FEE $5,779.24 Deposit $10,000 deposit with charges at the fully allocated hourly rates for all personnel involved plus any outside costs. REF #: S-016 TITLE: DENSITY BONUS CURRENT FEE RECOMMENDED FEE None $5,000 deposit with charges at the fully allocated hourly rates for all personnel involved plus any outside costs. REF #: S-017 TITLE: VARIANCE CURRENT FEE RECOMMENDED FEE $2,889.62 Deposit $5,000 deposit with charges at the fully allocated hourly rates for all personnel involved plus any outside costs. REF #: S-018 TITLE: MINOR VARIANCE CURRENT FEE RECOMMENDED FEE $614.04 per application $1,420 per application 1.a Packet Pg. 14 At t a c h m e n t 1 . a : C o s t o f S e r v i c e s S t u d y - A t t a c h m e n t A P l a n n i n g E n g i n e e r i n g ( 1 1 9 9 : F e e S t u d y ) CITY OF DIAMOND BAR FEE COMPARISON REPORT FY 2016-2017 January 31, 2017 4 REF #: S-019 TITLE: ENVIRONMENTAL CATEGORICAL EXEMPTION CURRENT FEE RECOMMENDED FEE $36.12 per application plus State and County fees $75 per application plus State and County fees REF #: S-020 TITLE: ENVIRONMENTAL NEGATIVE DECLARATION CURRENT FEE RECOMMENDED FEE Actual Costs with deposit determined by staff Deposit determined by staff with charges at the fully allocated hourly rates for all personnel involved plus any outside costs. REF #: S-021 TITLE: ENVIRONMENTAL IMPACT REPORT CURRENT FEE RECOMMENDED FEE Actual Costs with deposit determined by staff Deposit determined by staff with charges at the fully allocated hourly rates for all personnel involved plus any outside costs. REF #: S-022 TITLE: MITIGATION MONITORING CURRENT FEE RECOMMENDED FEE Actual Costs with deposit determined by staff Deposit determined by staff with charges at the fully allocated hourly rates for all personnel involved plus any outside costs. REF #: S-023 TITLE: TENTATIVE MAP REVIEW CURRENT FEE RECOMMENDED FEE Tenative Parcel Map - $4,334.43 Deposit Tentative Tract Map - $7,224.05 Deposit Parcel Map Waiver - $1,413.62 Deposit Revision after Map is Approved - $2,889.62 Deposit Tentative Parcel Map - $5,000 deposit with charges at the fully allocated hourly rates for all personnel involved plus any outside costs. Tentative Tract Map - $10,000 deposit with charges at the fully allocated hourly rates for all personnel involved plus any outside costs. REF #: S-024 TITLE: CC&R REVIEW CURRENT FEE RECOMMENDED FEE $2,167.21 Deposit $5,000 deposit with charges at the fully allocated hourly rates for all personnel involved plus any outside costs. 1.a Packet Pg. 15 At t a c h m e n t 1 . a : C o s t o f S e r v i c e s S t u d y - A t t a c h m e n t A P l a n n i n g E n g i n e e r i n g ( 1 1 9 9 : F e e S t u d y ) CITY OF DIAMOND BAR FEE COMPARISON REPORT FY 2016-2017 January 31, 2017 5 REF #: S-025 TITLE: JOINT USE PARKING PERMIT AGREEMENT CURRENT FEE RECOMMENDED FEE No Public Hearing - $614.04 deposit With Public Hearing - $1,444.81 deposit Deposit determined by staff with charges at the fully allocated hourly rates for all personnel involved plus any outside costs. REF #: S-026 TITLE: LANDSCAPE PLAN CHECK CURRENT FEE RECOMMENDED FEE Contract cost plus 18% $340 per application plus any outside costs REF #: S-027 TITLE: LARGE FAMILY DAY CARE PERMIT CURRENT FEE RECOMMENDED FEE No Public Hearing - $2,039.58 per application With Public Hearing - $4,342.32 per application This fee is already covered as a Conditional Use Permit (T-002), and therefore should be removed as a separate fee. REF #: S-028 TITLE: COMPREHENSIVE SIGN PROGRAM CURRENT FEE RECOMMENDED FEE $1,011.37 Deposit $1,620 per application plus $2,000 deposit with charges at the fully allocated hourly rates for all project personnel plus any outside costs. REF #: S-029 TITLE: SIGN REVIEW CURRENT FEE RECOMMENDED FEE $72.25 per application $125 per application REF #: S-030 TITLE: TEMPORARY SIGN REVIEW CURRENT FEE RECOMMENDED FEE $36.12 per application plus a $100 refundable deposit when sign is removed $70 per application 1.a Packet Pg. 16 At t a c h m e n t 1 . a : C o s t o f S e r v i c e s S t u d y - A t t a c h m e n t A P l a n n i n g E n g i n e e r i n g ( 1 1 9 9 : F e e S t u d y ) CITY OF DIAMOND BAR FEE COMPARISON REPORT FY 2016-2017 January 31, 2017 6 REF #: S-031 TITLE: MILLS ACT PROCESSING CURRENT FEE RECOMMENDED FEE None $5,000 deposit with charges at the fully allocated hourly rates for all personnel involved plus any outside costs. REF #: S-032 TITLE: ADULT ORIENTED BUSINESS/ENTERTAINER CURRENT FEE RECOMMENDED FEE $2,570.49 Deposit $2,160 per application REF #: S-033 TITLE: PUBLIC CONVENIENCE & NEC. (ABC) REV CURRENT FEE RECOMMENDED FEE $245.62 per application $385 per application REF #: S-034 TITLE: TREE PERMIT CURRENT FEE RECOMMENDED FEE No Public Hearing - $614.04 per application With Public Hearing - $1,011.37 Deposit No Public Hearing - $1,185 per application With Public Hearing - $2,500 deposit with charges at the fully allocated hourly rates for all personnel involved plus any outside costs. REF #: S-035 TITLE: ANIMAL PERMIT CURRENT FEE RECOMMENDED FEE No Public Hearing - $245.62 per application With Public Hearing - $1,011.37 Deposit Deposit determined by staff with charges at the fully allocated hourly rates for all personnel involved plus any outside costs. REF #: S-036 TITLE: TEMPORARY USE PERMIT CURRENT FEE RECOMMENDED FEE No Public Hearing - $245.62 per application With Public Hearing - $1,011.37 Deposit $250 per application 1.a Packet Pg. 17 At t a c h m e n t 1 . a : C o s t o f S e r v i c e s S t u d y - A t t a c h m e n t A P l a n n i n g E n g i n e e r i n g ( 1 1 9 9 : F e e S t u d y ) CITY OF DIAMOND BAR FEE COMPARISON REPORT FY 2016-2017 January 31, 2017 7 REF #: S-037 TITLE: PLANNING INTERPRETATION CURRENT FEE RECOMMENDED FEE $712.82 Deposit $975 per application REF #: S-038 TITLE: PRELIMINARY PROJECT REVIEW CURRENT FEE RECOMMENDED FEE $1,444.81 Deposit $1,835 per application 50% of this fee will be credited towards future Planning fees for this project REF #: S-039 TITLE: EXTENSION OF TIME CURRENT FEE RECOMMENDED FEE No Public Hearing - $122.81 per application With Public Hearing - $1,011.37 per application No Public Hearing - $150 per application With Public Hearing - $2,835 per application REF #: S-040 TITLE: PLANNING APPEAL CURRENT FEE RECOMMENDED FEE $722.40 per appeal plus additional costs determined by Community Development Director if needed $3,575 per appeal REF #: S-041 TITLE: MISCELLANEOUS/SPECIAL STUDY REVIEW CURRENT FEE RECOMMENDED FEE Actual cost of providing document plus City Overhead Deposit determined by staff with charges at the fully allocated hourly rates for all personnel involved plus any outside costs. REF #: S-042 TITLE: NEW BUSINESS LICENSE PROCESSING CURRENT FEE RECOMMENDED FEE $10 per application plus $1 State fee $38 per application plus $1 State fee 1.a Packet Pg. 18 At t a c h m e n t 1 . a : C o s t o f S e r v i c e s S t u d y - A t t a c h m e n t A P l a n n i n g E n g i n e e r i n g ( 1 1 9 9 : F e e S t u d y ) CITY OF DIAMOND BAR FEE COMPARISON REPORT FY 2016-2017 January 31, 2017 8 REF #: S-043 TITLE: RENEWAL BUSINESS LICENSE PROCESSING CURRENT FEE RECOMMENDED FEE $10 per renewal plus $1 State fee $17 per renewal plus $1 State fee REF #: S-044 TITLE: FINAL MAP REVIEW CURRENT FEE RECOMMENDED FEE 1-5 lots - $1,444.81 6-10 lots - $1,878.25 11-25 lots - $2,528.42 26-50 lots - $4,045.47 51-100 lots - $6,284.92 101-150 lots - $9,391.26 151+ lots $9,391.26 plus $50.57 per lot over 150 Certificate of Compliance - $568.80 Minimum $2,500 deposit with charges at the fully allocated hourly rates for all personnel involved plus any outside costs. REF #: S-045 TITLE: LOT LINE ADJUSTMENT CURRENT FEE RECOMMENDED FEE $2,889.62 Deposit Minimum $2,500 deposit with charges at the fully allocated hourly rates for all personnel involved plus any outside costs. REF #: S-046 TITLE: CERTIFICATE OF CORRECTION/MAP AMEND CURRENT FEE RECOMMENDED FEE $2,531.99 Deposit Minimum $2,500 deposit with charges at the fully allocated hourly rates for all personnel involved plus any outside costs. REF #: S-047 TITLE: DEDICATION/EASEMENT/VACATION REVIEW CURRENT FEE RECOMMENDED FEE 1-10,000 square feet - $1,806.01 per application 10,000+ square feet - $4,334,43 per application Minimum $2,500 deposit with charges at the fully allocated hourly rates for all personnel involved plus any outside costs. 1.a Packet Pg. 19 At t a c h m e n t 1 . a : C o s t o f S e r v i c e s S t u d y - A t t a c h m e n t A P l a n n i n g E n g i n e e r i n g ( 1 1 9 9 : F e e S t u d y ) CITY OF DIAMOND BAR FEE COMPARISON REPORT FY 2016-2017 January 31, 2017 9 REF #: S-048 TITLE: GRADING PLAN REVIEW CURRENT FEE RECOMMENDED FEE 50-100 CY - $316.27 101-1,000 CY - $279.66 plus $72.74 per 100 CY in excess of 101 1,001-10,000 CY - $1,123.48 plus $77.88 per 1,000 CY in excess of 1,001 10,001-100,000 CY - $1,824.36 plus $46.23 per 1,000 CY in excess of 10,001 100K-500K CY - $4,773.62 plus $127.29 per 10K CY in excess of 100K 500,001+ CY - $6,138.27 plus $127.29 per 10K CY in excess of 500K 50-100 CY - $1,065 101-1,000 CY - $1,065 plus $22 per 100 CY in excess of 101 1,001-10,000 CY - $1,263 plus $60 per 1,000 CY in excess of 1,001 10,001+ CY - Deposit determined by staff with charges at the fully allocated hourly rates for all personnel involved plus any outside costs REF #: S-049 TITLE: GRADING INSPECTION CURRENT FEE RECOMMENDED FEE 50-100 CY - $245.62 101-1,000 CY - $268.01 plus $78.60 per 100 CY in excess of 101 1,001-10,000 CY - $976.11 plus $65.88 per 1,000 CY in excess of 1,001 10,001-100,000 CY - $1,568.20 plus $42.04 per 1,000 CY in excess of 10,001 100,000+ CY - $2,567.26 plus $104.089 per 10,000 CY in excess of 100,001 50-100 CY - $700 101-1,000 CY - $700 plus $7.50 per 100 CY in excess of 101 1,001-10,000 CY - $768 plus $87 per 1,000 CY in excess of 1,001 10,001+ CY - Deposit determined by staff with charges at the fully allocated hourly rates for all personnel involved plus any outside costs REF #: S-050 TITLE: IMPROVEMENT PLAN CHECK/INSPECTION CURRENT FEE RECOMMENDED FEE Street Plan Check - $0.17 per linear foot, minimum of $736.85 Street Inspection - $0.07 per Linear Foot, minimum of $772.97 Sewer Plan Check - $2.46 per linear foot, minimum of $368.43 Sewer Inspection - $3.76 per Linear Foot, minimum of $527.36 Storm Drain Plan Check - $2.46 per linear foot, minimum of $325.08 Storm Drain Inspection - $3.76 per Linear Foot, minimum of $469.56 As-Builts - $2,889.62 minimum deposit Change of Plans - $2,889.62 minimum deposit As-Builts - $3,000 deposit with charges at the fully allocated hourly rates for all personnel involved plus any outside costs. Other - Deposit determined by staff with charges at the fully allocated hourly rates for all personnel involved plus any outside costs. REF #: S-051 TITLE: DRAIN/EROSION CONTROL PLAN REV/INSP CURRENT FEE RECOMMENDED FEE $245.62 per application $245 per application 1.a Packet Pg. 20 At t a c h m e n t 1 . a : C o s t o f S e r v i c e s S t u d y - A t t a c h m e n t A P l a n n i n g E n g i n e e r i n g ( 1 1 9 9 : F e e S t u d y ) CITY OF DIAMOND BAR FEE COMPARISON REPORT FY 2016-2017 January 31, 2017 10 REF #: S-052 TITLE: LOW IMPACT DEVELOP PLAN REVIEW CURRENT FEE RECOMMENDED FEE SUSMP - $2,889.62 Deposit Deposit determined by staff with charges at the fully allocated hourly rates for all personnel involved plus any outside costs. REF #: S-053 TITLE: STORMWATER PROTECT PLAN REV/INSPECT CURRENT FEE RECOMMENDED FEE None Deposit determined by staff with charges at the fully allocated hourly rates for all personnel involved plus any outside costs. REF #: S-054 TITLE: STORMWATER BUSINESS INSPECTION CURRENT FEE RECOMMENDED FEE None $300 per inspection REF #: S-055 TITLE: STORM DRAIN TRANSFER TO COUNTY CURRENT FEE RECOMMENDED FEE $1,011.37 per application $660 per application REF #: S-056 TITLE: STOCKPILE/BORROW SITE PLAN REVIEW CURRENT FEE RECOMMENDED FEE $281.74 per plan $155 per plan REF #: S-057 TITLE: STOCKPILE/BORROW SITE INSPECTION CURRENT FEE RECOMMENDED FEE $217.34 per permit $155 per permit 1.a Packet Pg. 21 At t a c h m e n t 1 . a : C o s t o f S e r v i c e s S t u d y - A t t a c h m e n t A P l a n n i n g E n g i n e e r i n g ( 1 1 9 9 : F e e S t u d y ) CITY OF DIAMOND BAR FEE COMPARISON REPORT FY 2016-2017 January 31, 2017 11 REF #: S-058 TITLE: ENGINEERING REPORT REVIEW CURRENT FEE RECOMMENDED FEE $2,626.25 Deposit Minimum $2,500 deposit with charges at the fully allocated hourly rates for all personnel involved plus any outside costs. REF #: S-059 TITLE: GEOTECHNICAL OBSERVATION/REPORT REV CURRENT FEE RECOMMENDED FEE Observation - $2,667.02 Deposit Report Review - $2,928.39 Deposit Minimum $2,500 deposit with charges at the fully allocated hourly rates for all personnel involved plus any outside costs. REF #: S-060 TITLE: CHANGE OF ADDRESS REQUEST CURRENT FEE RECOMMENDED FEE $369.66 per application $400 per application REF #: S-061 TITLE: CURB/GUTTER ENCROACHMENT PERMIT CURRENT FEE RECOMMENDED FEE Plan Check - $0.66 per linear foot, minimum of $122.81 Inspection - $0.66 per Linear Foot, minimum of $281.74 $435 per linear foot plus $2 per linear foot over 100 linear feet REF #: S-062 TITLE: SIDEWALK ENCROACHMENT PERMIT CURRENT FEE RECOMMENDED FEE Plan Check - $0.66 per linear foot, minimum of $122.81 Inspection - $0.72 per Linear Foot, minimum of $281.74 $435 per permit plus $2 per linear foot over 100 linear feet REF #: S-063 TITLE: DRIVEWAY APPROACH ENCROACH PERMIT CURRENT FEE RECOMMENDED FEE Plan Check - $122.81 per permit Inspection - $404.55 per permit Replacement of Existing - $435 per permit New/Relocation/Widen - $615 per permit 1.a Packet Pg. 22 At t a c h m e n t 1 . a : C o s t o f S e r v i c e s S t u d y - A t t a c h m e n t A P l a n n i n g E n g i n e e r i n g ( 1 1 9 9 : F e e S t u d y ) CITY OF DIAMOND BAR FEE COMPARISON REPORT FY 2016-2017 January 31, 2017 12 REF #: S-064 TITLE: CURB CORE ENCROACHMENT PERMIT CURRENT FEE RECOMMENDED FEE $110 per permit $110 per permit REF #: S-065 TITLE: PARKWAY DRAIN ENCROACHMENT PERMIT CURRENT FEE RECOMMENDED FEE $368.43 per permit $370 per permit REF #: S-066 TITLE: UTILITY STREET CUT ENCROACH PERMIT CURRENT FEE RECOMMENDED FEE 1-150 LF - $281.74 151-500 LF - $404.55 501-1,000 LF - $527.36 $655 per permit plus $3 per linear foot over 150 linear feet REF #: S-067 TITLE: NON-STREET CUT UTIL ENCROACH PERMIT CURRENT FEE RECOMMENDED FEE None $220 per permit REF #: S-068 TITLE: UTILITY RESIDENTIAL STREET CLOSURE CURRENT FEE RECOMMENDED FEE None $265 per permit REF #: S-069 TITLE: SEWER LATERAL PERMIT CURRENT FEE RECOMMENDED FEE $250.55 per permit plus County fee of $154 $220 per permit plus County fee 1.a Packet Pg. 23 At t a c h m e n t 1 . a : C o s t o f S e r v i c e s S t u d y - A t t a c h m e n t A P l a n n i n g E n g i n e e r i n g ( 1 1 9 9 : F e e S t u d y ) CITY OF DIAMOND BAR FEE COMPARISON REPORT FY 2016-2017 January 31, 2017 13 REF #: S-070 TITLE: MONITORING WELL PERMIT CURRENT FEE RECOMMENDED FEE Quarterly - $210.54 Semi-Annual - $281.74 Annual - $404.55 $195 per permit Permit is valid for 90 days. REF #: S-071 TITLE: DUMPSTER/STORAGE ENCROACH PERMIT CURRENT FEE RECOMMENDED FEE Per Day - $65.02 Per Week - $81.52 $35 per permit Permit is good for 7 days. REF #: S-072 TITLE: LANE CLOSURE PERMIT CURRENT FEE RECOMMENDED FEE $252.84 per week $265 per permit REF #: S-073 TITLE: OVERWIDE/LONG LOAD PERMIT CURRENT FEE RECOMMENDED FEE $16 per permit County - No Charge $16 per permit This fee is set by the State REF #: S-074 TITLE: TRAFFIC CONTROL PLAN/INSPECTION CURRENT FEE RECOMMENDED FEE Plan Check - $3,173.30 per sheet deposit Inspection - $2,631.71 deposit Deposit determined by staff with charges at the fully allocated hourly rates for all personnel involved plus any outside costs. REF #: S-075 TITLE: PERMANENT ENCROACHMENT AGREEMENT CURRENT FEE RECOMMENDED FEE None New - $295 per application plus any actual legal/outside costs Existing - $160 per application plus any actual legal/outside costs 1.a Packet Pg. 24 At t a c h m e n t 1 . a : C o s t o f S e r v i c e s S t u d y - A t t a c h m e n t A P l a n n i n g E n g i n e e r i n g ( 1 1 9 9 : F e e S t u d y ) CITY OF DIAMOND BAR FEE COMPARISON REPORT FY 2016-2017 January 31, 2017 14 REF #: S-076 TITLE: ENCROACHMENT PERMIT TIME EXTENSION CURRENT FEE RECOMMENDED FEE Unexpired Plan Checks/Permit - $158.93 $25 per application REF #: S-077 TITLE: HOUSE NUMBER PAINTING PERMIT CURRENT FEE RECOMMENDED FEE $1,000 Refundable Deposit $65 per permit plus $1,000 refundable deposit REF #: S-078 TITLE: OTHER ENGINEER INSPECTION/PLAN REV CURRENT FEE RECOMMENDED FEE Plan Review - $2,889.62 Deposit Inspection - $738.04 Deposit Minimum $2,500 deposit with charges at the fully allocated hourly rates for all personnel involved plus any outside costs. REF #: S-079 TITLE: ENGINEER RE-INSPECT/EXTRA PLAN REV CURRENT FEE RECOMMENDED FEE Plan Review - $2,296.49 Deposit Inspection - $598.13 Deposit Deposit determined by staff with charges at the fully allocated hourly rates for all personnel involved plus any outside costs. REF #: S-080 TITLE: DEVELOPER BASED DEPOSIT REVIEW CURRENT FEE RECOMMENDED FEE See Detail on Deposit-Based Service Sheets See Detail on Deposit-Based Service Sheets REF #: S-081 TITLE: BUILDING PLAN CHECK/INSPECTION CURRENT FEE RECOMMENDED FEE New Construction - Various fees based on valuation Trade Permits - Various fees See Appendix D for detail To recover 100% of these costs the City should increase the current Building Plan Check and Permit fees by 20%. See Appendix D for detail 1.a Packet Pg. 25 At t a c h m e n t 1 . a : C o s t o f S e r v i c e s S t u d y - A t t a c h m e n t A P l a n n i n g E n g i n e e r i n g ( 1 1 9 9 : F e e S t u d y ) CITY OF DIAMOND BAR FEE COMPARISON REPORT FY 2016-2017 January 31, 2017 15 REF #: S-082 TITLE: SOLAR PLAN CHECK/INSPECTION CURRENT FEE RECOMMENDED FEE Residential - $500 plus $15 per kW above 15kW Commercial - $1,000 plus $7 per kW up to 250kW $5 per kW above 250 kW Single Family Residential - $305 Multi Family Residential/Commercial/Industrial - $1,050 plus $5 per kW above 250 kW REF #: S-083 TITLE: CERTIFICATE OF OCCUPANCY CURRENT FEE RECOMMENDED FEE $174.50 per certificate $170 per certificate REF #: S-084 TITLE: TEMPORARY CERTIFICATE OF OCCUPANCY CURRENT FEE RECOMMENDED FEE $98.89 per application $385 per application plus any outside costs REF #: S-085 TITLE: PRE-ALTERATION INSPECTION CURRENT FEE RECOMMENDED FEE $98.89 per inspection $100 per inspection REF #: S-086 TITLE: BUILDING DEMOLITION INSPECTION CURRENT FEE RECOMMENDED FEE $174.50 per permit Complete Demolition - $115 per permit Partial Demolition - $390 per permit REF #: S-087 TITLE: ALTERNATE MATERIALS/METHODS REVIEW CURRENT FEE RECOMMENDED FEE None $155 per application or actual costs at the discretion of the Building Official 1.a Packet Pg. 26 At t a c h m e n t 1 . a : C o s t o f S e r v i c e s S t u d y - A t t a c h m e n t A P l a n n i n g E n g i n e e r i n g ( 1 1 9 9 : F e e S t u d y ) CITY OF DIAMOND BAR FEE COMPARISON REPORT FY 2016-2017 January 31, 2017 16 REF #: S-088 TITLE: SPECIAL INSPECTOR REVIEW CURRENT FEE RECOMMENDED FEE $52.36 per job site per specialty $35 per job site per specialty REF #: S-089 TITLE: BUILDING PERMIT EXTENSION CURRENT FEE RECOMMENDED FEE $98.89 per application $0-$100,000 valuation - $75 per application $100,001+ valuation - $255 per application REF #: S-090 TITLE: BUILDING APPEAL CURRENT FEE RECOMMENDED FEE None $1,555 per appeal REF #: S-091 TITLE: BUILDING FEE REFUND CURRENT FEE RECOMMENDED FEE None Charge 20% of the original fee amount up to $350 maximum. REF #: S-092 TITLE: DUPLICATE BUILDING INSPECTION CARD CURRENT FEE RECOMMENDED FEE None $25 per card REF #: S-093 TITLE: AFTER HOURS CONSTRUCTION REVIEW CURRENT FEE RECOMMENDED FEE None $260 per application 1.a Packet Pg. 27 At t a c h m e n t 1 . a : C o s t o f S e r v i c e s S t u d y - A t t a c h m e n t A P l a n n i n g E n g i n e e r i n g ( 1 1 9 9 : F e e S t u d y ) CITY OF DIAMOND BAR FEE COMPARISON REPORT FY 2016-2017 January 31, 2017 17 REF #: S-094 TITLE: INSPECTION OUTSIDE NORMAL HOURS CURRENT FEE RECOMMENDED FEE First 2 hours - $165.38 per inspection After 2 hours - $165.38 per hour $150 per hour, 2 hour minimum REF #: S-096 TITLE: ADDITIONAL PLAN REVIEW/INSPECTION CURRENT FEE RECOMMENDED FEE $98.89 per hour Charges at the fully allocated hourly rates for all personnel involved plus any outside costs. REF #: S-097 TITLE: BUILDING RECORDS ARCHIVING CURRENT FEE RECOMMENDED FEE $2 per permit or plan sheet 5% of all building plan check and permit fees REF #: S-098 TITLE: PERMIT SYSTEM REPLACEMENT CURRENT FEE RECOMMENDED FEE None 4% of Building Plan and Permit Revenues 1.a Packet Pg. 28 At t a c h m e n t 1 . a : C o s t o f S e r v i c e s S t u d y - A t t a c h m e n t A P l a n n i n g E n g i n e e r i n g ( 1 1 9 9 : F e e S t u d y ) APPENDIX B DETAIL OF BUILDING & SAFETY FEES 1.b Packet Pg. 29 At t a c h m e n t 1 . b : C o s t o f S e r v i c e s S t u d y - A t t a c h m e n t B B u i l d i n g ( 1 1 9 9 : F e e S t u d y ) CITY OF DIAMOND BAR COMMUNITY AND DEVELOPMENT SERVICES DEPARTMENT BUILDING & SAFETY DIVISION CURRENT PROPOSED ACTION FEES FEES Permit Valuation Based on ICBO/ICC Valuation Guidelines & City Ancillary Table Special Inspector $52.36 $35.00 Per Job Site, Specialty Building Permit Fees (Total Valuation) $0-$700.00 $45.66 $54.79 $701.00-$1,000 $68.45 $82.14 Each Additional $1,000 or Fraction Thereof Up To $25,000 $17.68 $21.22 Each Additional $1,000 or Fraction Thereof Up To $50,000 $13.57 $16.28 Each Additional $1,000 or Fraction Thereof Up To $100,000 $10.17 $12.20 Each Additional $1,000 or Fraction Thereof More Than $100,000 $9.99 $11.99 Combo Permits: Electrical Permit See Electrical Permit Schedule 10% of the Building Permit Fee Plumbing Permit See Plumbing Permit Schedule 10% of the Building Permit Fee Mechanical Permit See Mechanical Permit Schedule 10% of the Building Permit Fee Building Plan Check Fees 85% of Permit Fees 85% of Permit Fees $50 minimum $50 minimum Permit and Plan Check of unpermitted work Double Fees Double Fees Extension of Expired/Unexpired Permit 98.89 $0-$100,000 valuation $75.00 $100,001+ valuation $255.00 Strong Motion Instrumentation Program (State Fee, Valuation Based) Residential $0.50 Minimum $0.60 Minimum or .013% of valuation or .013% of valuation Commercial & 3-Story + Residential $0.50 Minimum $0.60 Minimum or .028% of valuation or .028% of valuation Energy Enforcement (State Mandated)10% of Permit & Plan Check Fee 10% of Permit & Plan Check Fee Building Standards Admin Special Relvolving Fund (BSAF) (State Fee, Valuation Based) $1-25,000 $1 $1 $25,000-50,000 $2 $2 $50,000-75,000 $3 $3 $75,000-100,000 $4 $4 Every $25,000 or fraction therof above $100,000 additional $1 $1 Site Inspection (inspections not otherwise covered by a fee)$174.50 $124.69 Inspection, Group R or M Occupancies $174.50 $209.40 Occupancy Groups Other Than R or M (Floor Area) Less Than 5,000 S.F.$209.41 $251.29 5,001-10,000 S.F.$279.22 $335.06 10,001-100,000 S.F.$558.44 $670.13 Over 100,000 S.F.$698.06 $837.67 Inspection, Repair/Rehab of Building/Structure Declared Substandard Regular Bldg Permit Fee Regular Bldg Permit Fee Inspection, Demolition of Building/Structure $174.50 $209.40 Pre-Alt Inspection - Wood Re-Roof Overlay, Pool/Spa Locations $98.89 $100.00 Inspection/Reinspection of Group A, Division 4 Structures $69.60 $83.52 Application/Investigation For Relocation, Building Permit Required By Chapter 68 (Floor Area) Less Than 2,500 S.F.$209.41 $251.29 2,501+ S.F.$418.83 $502.60 Building Fee Detail.xlsx Page 1 1.b Packet Pg. 30 At t a c h m e n t 1 . b : C o s t o f S e r v i c e s S t u d y - A t t a c h m e n t B B u i l d i n g ( 1 1 9 9 : F e e S t u d y ) CITY OF DIAMOND BAR COMMUNITY AND DEVELOPMENT SERVICES DEPARTMENT BUILDING & SAFETY DIVISION CURRENT PROPOSED ACTION FEES FEES Inspection Outside Normal Business Hours 0-2 Hours Minimum Fee $165.38 $300.00 Each Hour Thereafter $165.38 $150.00 Reinspection Fee (Each)$45.03 $53.68 Inspections For Which No Fee is Indicated (Per Hour, Minimum Charge of ½ Hour)$90.06 $107.35 Additional Plan Review, Per Hour $98.89 $107.35 Certificate of Occupancy $174.50 $170.00 Certificate of Occupancy, Temporary $98.89 $385 + Outside Costs Extension of Certificate of Occupancy, Temporary $98.89 $75.00 Administrative & Miscellaneous Fees Permit Issuance $36.12 $43.34 Supplemental Permit Issuance $27.01 $32.41 Standard Retention Fee $2.00 5% of Permit & Plan Check Fees Mechanical Permit Fees Minimum Inspection Fee: Mechanical $61.89 $74.27 Stand Alone Mechanical Plan Check $122.80 per hour 50% of Mech Permit Fee $55 Min. Unit Fees: A/C, Residential (Each) Up to 100,000 BTUs $26.01 $31.21 100,001-500,000 BTUs $49.12 $58.94 500,001+ BTUs $126.13 $151.36 Furnace (F.A.U., Floor) Up to 100,000 BTUs $26.01 $31.21 100,001-500,000 BTUs $49.12 $58.94 500,001+ BTUs $126.13 $151.36 Heater (Wall) Up to 100,000 BTUs $26.01 $31.21 100,001-500,000 BTUs $49.12 $58.94 500,001+ BTUs $126.13 $151.36 Refrigeration Compressor Up to 100,000 BTUs $26.01 $31.21 100,001-500,000 BTUs $49.12 $58.94 500,001+ BTUs $126.13 $151.36 Boiler Up to 100,000 BTUs $26.01 $31.21 100,001-500,000 BTUs $49.12 $58.94 500,001+ BTUs $126.13 $151.36 Chiller Up to 100,000 BTUs $26.01 $31.21 100,001-500,000 BTUs $49.12 $58.94 500,001+ BTUs $126.13 $151.36 Heat Pump (Package Unit) Up to 100,000 BTUs $26.01 $31.21 100,001-500,000 BTUs $49.12 $58.94 500,001+ BTUs $126.13 $151.36 Building Fee Detail.xlsx Page 2 1.b Packet Pg. 31 At t a c h m e n t 1 . b : C o s t o f S e r v i c e s S t u d y - A t t a c h m e n t B B u i l d i n g ( 1 1 9 9 : F e e S t u d y ) CITY OF DIAMOND BAR COMMUNITY AND DEVELOPMENT SERVICES DEPARTMENT BUILDING & SAFETY DIVISION CURRENT PROPOSED ACTION FEES FEES Heater (Unit, Radiant, Etc.) Up to 100,000 BTUs $26.01 $31.21 100,001-500,000 BTUs $49.12 $58.94 500,001+ BTUs $126.13 $151.36 Air Handler (Each) 2000 CFMs $12.28 $14.74 2001-3,999 CFMs $36.26 $43.51 4000-10,000 CFMs $36.26 $43.51 10,001+ CFMs $62.85 $75.42 Duct Work (Only, New) 1-10 Registers $41.90 $50.28 11-30 Registers $125.70 $150.84 31-50 Registers $190.80 $228.96 51+ Registers $194.62 $233.54 Alterations 1-10 Registers $41.90 $50.28 11-30 Registers $125.70 $150.84 31-50 Registers $190.80 $228.96 51+ Registers $194.62 $233.54 Evaporative Cooler 1-12,000 BTUs $21.09 $25.31 12,001-24,000 BTUs $21.09 $25.31 24,001-36,000 BTUs $21.09 $25.31 36,001-48,000 BTUs $21.09 $25.31 48,001+ BTUs $21.09 $25.31 Inlet & Outlet Served by AC System - Each Register $4.19 $5.03 Moisture Exhaust Duct (Clothes Dryer, Each)$32.65 $39.18 Ventilation Fan Connected to a Single Duct (Each)$15.31 $18.37 Vent System (Each)$32.65 $39.18 Exhaust Hood/Fan/Duct (Residential, Each)$62.85 $75.42 Exhaust Hood, Type 1 - Commercial Grease Hood (Each)$62.85 $75.42 Exhaust Hood, Type 2 - Commercial Steam Hood (Each)$62.85 $75.42 Spray Booth Served By Mechanical Exhaust, Including Fans & Ducts attached Thereto $62.85 $75.42 Refrigerator Condenser Remote Up to 100,000 BTUs $26.01 $31.21 100,001-500,000 BTUs $49.12 $58.94 500,001+ BTUs $126.13 $151.36 Walk-in Box/Refrigerator Coil Up to 100,000 BTUs $26.01 $31.21 100,001-500,000 BTUs $49.12 $58.94 500,001+ BTUs $126.13 $151.36 Install/Relocate Forced Air or Gravity-Type Furnace or Burner (Including Attached Ducts & Vents) Up to 100,000 BTUs $26.01 $31.21 100,001-500,000 BTUs $49.12 $58.94 500,001+ BTUs $126.13 $151.36 Building Fee Detail.xlsx Page 3 1.b Packet Pg. 32 At t a c h m e n t 1 . b : C o s t o f S e r v i c e s S t u d y - A t t a c h m e n t B B u i l d i n g ( 1 1 9 9 : F e e S t u d y ) CITY OF DIAMOND BAR COMMUNITY AND DEVELOPMENT SERVICES DEPARTMENT BUILDING & SAFETY DIVISION CURRENT PROPOSED ACTION FEES FEES Install/Relocate Suspended Heater, Recessed Wall Heater, or Floor Mounted Unit Heater (Each) Up to 100,000 BTUs $26.01 $31.21 100,001-500,000 BTUs $49.12 $58.94 500,001+ BTUs $126.13 $151.36 Repair/Alter/Add Heating Appliance, Refrigeration Unit, Cooling Unit, Absorption Unit, or Each Heating, Cooling, Absorption, or Evaporative Cooling System, Including Installation of Controls (Each) Up to 100,000 BTUs $26.01 $31.21 100,001-500,000 BTUs $49.12 $58.94 500,001+ BTUs $126.13 $151.36 Fire Damper (Each)$10.26 $12.31 Garage Ventilation System (Each)$32.65 $39.18 Product Conveying System (Each)$32.65 $39.18 Appliance or Piece of Equipment Not Classed in Other Appliance Categories, or For Which No Other Fee Is Listed $32.65 $39.18 Fire Suppression System $10.26 $12.31 Reinspection Fee (Each)$45.03 $53.68 Inspections For Which No Fee is Indicated (Per Hour, Minimum Charge of ½ Hour)$90.06 $107.35 Plumbing & Gas Permit Fees Minimum Inspection Fee: Plumbing & Gas $61.62 $53.68 Stand Alone Plumbing Plan Check $122.80 per hour 40% of Plumb Permt Fee $55 Min. Unit Fees: Gas Piping System First 5 $79.52 $95.42 After First 5 (Each)$4.08 $4.90 Gas Meter (Each)$15.90 $19.08 Gas Pressure Regulator (Each)$15.90 $19.08 Building Sewer Connection (Each)$45.67 $54.80 Future House Sewer Section $29.47 $35.36 Private Sewage Disposal System (Septic Tank & Seepage Pit/Connection to House, Each)$93.53 $112.24 Disconnection, Abandonment, Alteration, or Repair of Any House Sewer or Private Sewage Disposal System or Part Thereof (Each)$32.10 $38.52 Backflow Preventer First 5 $15.90 $19.08 After First 5 (Each)$6.57 $7.88 Water Heater and/or Vent (Each)$15.90 $19.08 Water Softener (Each)$15.90 $19.08 Dishwasher, Permanent (Each)$15.90 $19.08 Water Pipe Repair/Replacement $15.90 $19.08 Drainage or Vent Piping Repair/Alterations (Each)$15.90 $19.08 Drinking Fountain (Each)$15.90 $19.08 Solar Water System Fixtures (Solar Panels, Tanks, Water Treatment Equipment, Each)$52.97 $63.56 Swimming Pool Drainage Trap & Receptor (Water Supply for Pool Not Included, Each) $15.90 $19.08 Medical Gas System (Each)$15.90 $19.08 Building Fee Detail.xlsx Page 4 1.b Packet Pg. 33 At t a c h m e n t 1 . b : C o s t o f S e r v i c e s S t u d y - A t t a c h m e n t B B u i l d i n g ( 1 1 9 9 : F e e S t u d y ) CITY OF DIAMOND BAR COMMUNITY AND DEVELOPMENT SERVICES DEPARTMENT BUILDING & SAFETY DIVISION CURRENT PROPOSED ACTION FEES FEES Plumbing Fixture/Trap or Set of Fixtures on One Trap, Including Water, Drainage Piping, Hose Bibs, and Backflow Protection (each) $15.90 $19.08 Building Drain (w/o Accompanying Plumbing, Each)$15.90 $19.08 Cesspool, Overflow Seepage Pit, Percolation Test Pit, Swimming Pool Drywell, or Drainfield Extension or Replacement (Each)$45.67 $54.80 Private Sewage Disposal System (each)$236.38 $283.66 Industrial Waste Grease Trap, Pretreatment Interceptor, Including Trap & Vent (Each)$15.90 $19.08 Water Treating Equipment and/or Water Piping Installed/Altered/Repaired (Each)$15.90 $19.08 Lawn Sprinkler System On any one Meter, Including Backflow Protection Devices Therefore (Each)$15.90 $19.08 Backflow Devices Not Included in Other Fee Services e.g., Building/Trailer Sewer (Each)$15.90 $19.08 Reinspection Fee (Each)$45.03 $53.68 Inspections For Which No Fee is Indicated (Per Hour, Minimum Charge of ½ Hour)$90.06 $107.35 Electrical Permit Fees Minimum Inspection Fee: Electrical $59.36 $53.68 Stand Alone Electrical Plan Check $122.80 per hour 70% of Elec. Permt Fee $55 Min. System Fees: Service, Subpanels, Switchboards or Section, Motor-Controlled Centers, and Panel Boards Up to 200 Amps $37.42 $44.90 201-1000 Amps $73.25 $87.90 1001+ Amps $156.62 $187.94 New Single & Two-Family Residential Buildings (Per Sq. Ft.)$0.10 $0.12 Multifamily Residential Buildings (Per Sq. Ft.)$0.09 $0.11 Temporary Service Power Pole or Pedestal, Including All Pole or Pedestal Mounted Receptacle Outlets and Appurtenances $41.90 $50.28 Temporary Distribution System & Temporary Lighting & Receptacle Outlets (Each)$20.81 $24.97 Pre-Inspection (Per-Hour)$122.81 $107.35 Private/Residential In-Ground Swimming Pools, Spas, Therapeutic Whirlpools, Hot Tubs, New/Repairs (Each)$78.16 $93.79 **Includes Complete System of Necessary Branch Wiring, Bonding, Grounding, Underwater Lighting, Water Pumping, and Other Similar Electrical Equipment Directly Related to the Operation of a Swimming Pool Carnivals, Circuses, or other Traveling Shows or Exhibitions Utilizing Transportable Rides, Booths, Displays, and Attractions With Lighting $42.62 $51.14 Temporary Distribution System and Temporary Lighting and Receptacle Outlets For Construction Sites, Decorative Lights, Christmas Tree Sales Lots, Fireworks Stands, Etc. (Each)$15.75 $18.90 Building Fee Detail.xlsx Page 5 1.b Packet Pg. 34 At t a c h m e n t 1 . b : C o s t o f S e r v i c e s S t u d y - A t t a c h m e n t B B u i l d i n g ( 1 1 9 9 : F e e S t u d y ) CITY OF DIAMOND BAR COMMUNITY AND DEVELOPMENT SERVICES DEPARTMENT BUILDING & SAFETY DIVISION CURRENT PROPOSED ACTION FEES FEES Unit Fees: Receptacle, Switch, Lighting, or Other Outlets at Which Current is Used or Controlled, Except Services, Feeders, & Meters First 20 (Or Portion Thereof)$1.88 $2.26 Each Additional $1.30 $1.56 Lighting Fixtures, Sockets, or Other Lamp-Holding Devices First 20 (Or Portion Thereof)$1.88 $2.26 Each Additional $1.30 $1.56 Pole or Platform Mounted Lighting Fixtures (Each)$2.17 $2.60 Theatrical-type Lighting Fixtures or Assemblies (Each)$2.17 $2.60 Residential Appliances $10.40 $12.48 Fixed Residential Appliances or Receptacle Outlets For Same, Including Wall-Mounted Electric Ovens, Counter Mounted Cooking Tops, Electric Ranges, Self-contained Room Console, or Through Wall Air Conditioners, Space Heaters, Food Waste Grinders, Dishwashers (Each) **For Other Types of Air Conditioners, and Motor-Driven Appliances Having Larger Electrical Ratings, See Power Apparatus Nonresidential Appliances $10.40 $12.48 Residential Appliances and Self-contained Factory-Wired Non- Residential Appliances, Including Medical and Dental Services, Food, Beverage, and Ice Cream Cabinets, Illuminated Show Cases, Drinking Fountains, Vending Machines, Laundry Machines, etc. (Each) Residential Appliances and Self-contained Factory-Wired Non-Residential Appliances Not Exceeding One Horsepower (HP), Kilowatt (kW), or Kilovolt- ampere (kVA) in rating, including medical and dental devices, food, beverage, and ice cream cabinets, etc.$10.40 $12.48 **For Other Types of Air Conditioners, and Motor-Driven Appliances Having Larger Electrical Ratings, See Power Apparatus Motors, Generators, Transformers, Rectifiers, Synchronous Converters, Capacitors, Industrial Heating, Air Conditioners, and Heat Pumps, Cooking & Baking Equipment and Other Apparatus Rating in Horsepower (HP), Kilowatts (kW), or Kilovolt-amperes (kVA) Over 3-10 $18.93 $22.72 Over 11-50 $44.36 $53.23 Over 51-100 $83.22 $99.86 Over 101 $137.11 $164.53 Trolley and Plug-In Type Busways (each 100 ft. or fraction thereof)$25.14 $30.17 **An Additional Fee Will Be Required For Lighting Fixtures, Motors, and Other Appliances That Are Connected To Trolley and Plug-In Type Busways. No Fee is Required For Portable Tools Signs, Outline Lighting, or Marquees (Each)$37.42 $44.90 Signs, Outline Lighting, or Marquees Supplied From One Branch Circuit (Each)$12.28 $14.74 Additional Branch Circuits Within The Same Sign, Outline Lighting System, Or Marquee (Each)$12.28 $14.74 Miscellaneous Apparatus, Conduits, and Conductors (Each)$62.70 $75.24 Building Fee Detail.xlsx Page 6 1.b Packet Pg. 35 At t a c h m e n t 1 . b : C o s t o f S e r v i c e s S t u d y - A t t a c h m e n t B B u i l d i n g ( 1 1 9 9 : F e e S t u d y ) CITY OF DIAMOND BAR COMMUNITY AND DEVELOPMENT SERVICES DEPARTMENT BUILDING & SAFETY DIVISION CURRENT PROPOSED ACTION FEES FEES Electrical Apparatus, Conduits, and Conductors For Which a Permit is Required, But For Which No Fee is Herein Set Forth (Each)$62.70 $75.24 **Not Applicable When a Fee is Paid For One or More Services, Outlets, Fixtures, Appliances, Power Apparatus, Busways, Signs, or Other Equipment Photovoltaic Systems (Each)$57.75 $69.30 Reinspection Fee (Each)$45.03 $53.68 Inspections For Which No Fee is Indicated (Per Hour, Minimum Charge of ½ Hour)$90.06 $107.35 Building Fee Detail.xlsx Page 7 1.b Packet Pg. 36 At t a c h m e n t 1 . b : C o s t o f S e r v i c e s S t u d y - A t t a c h m e n t B B u i l d i n g ( 1 1 9 9 : F e e S t u d y ) APPENDIX C SUMMARY OF CURRENT AND PROPOSED FEES FOR ADMINISTRATIVE SERVICES 1.c Packet Pg. 37 At t a c h m e n t 1 . c : C o s t o f S e r v i c e s S t u d y - A t t a c h m e n t C A d m i n S e r v i c e s ( 1 1 9 9 : F e e S t u d y ) CITY OF DIAMOND BAR FEE COMPARISON REPORT FY 2016-2017 January 31, 2017 1 REF #: S-036 TITLE: TEMPORARY USE PERMIT CURRENT FEE RECOMMENDED FEE No Public Hearing - $245.62 per application With Public Hearing - $1,011.37 Deposit $250 per application REF #: S-095 TITLE: LIMITED COLLECTION REFUSE PERMIT CURRENT FEE Issued Jan-Mar - $207.77 Issued Mar-Jun - $155.82 Issued Jul-Sep - $103.87 Issued Oct-Dec - $51.94 RECOMMENDED FEE $235 per permit REF #: S-113 TITLE: FILM PERMIT RECOMMENDED FEE CURRENT FEE $592.27 per application Student - $100 per application Other - $435 per application plus $500 per day for right-of-way rental REF #: S-114 TITLE: ANIMAL ADMINISTRATIVE APPEAL CURRENT FEE None RECOMMENDED FEE $1,065 per appeal REF #: S-115 TITLE: SELF HAUL REFUSE PERMIT CURRENT FEE RECOMMENDED FEE Issued Jan-Mar - $207.77 Issued Mar-Jun - $155.82 Issued Jul-Sep - $103.87 Issued Oct-Dec - $51.94 Issued Jan-Mar - $765 Issued Mar-Jun - $574 Issued Jul-Sep - $383 Issued Oct-Dec - $191 TITLE: NSF CHECK PROCESSSING REF #: S-117 CURRENT FEE $15 per NSF Check RECOMMENDED FEE $46 per NSF Check 1.c Packet Pg. 38 At t a c h m e n t 1 . c : C o s t o f S e r v i c e s S t u d y - A t t a c h m e n t C A d m i n S e r v i c e s ( 1 1 9 9 : F e e S t u d y ) CITY OF DIAMOND BAR FEE COMPARISON REPORT FY 2016-2017 2 REF #: S-118 TITLE: RESIDENTIAL PARKING PERMIT CURRENT FEE RECOMMENDED FEE None $10 per permit REF #: S-119 TITLE: FALSE ALARM BILLING CURRENT FEE RECOMMENDED FEE None $10 per bill REF #: S-120 TITLE: DOCUMENT REPRODUCTION CURRENT FEE RECOMMENDED FEE $0.10 per page after the first five pages Microfiche - $5 for the first page and $1.25 per page thereafter FPPC Copy - $0.10 per page after the first five pages Other - $0.25 per page after the first five pages Plans/Map/Blueprint Copy - $5 per page REF #: S-121 TITLE: ELECTRONIC FILE COPY CURRENT FEE CD/DVD - $10 per disk RECOMMENDED FEE $5 per device/disk REF #: S-122 TITLE: DOCUMENT CERTIFICATION CURRENT FEE $5 per document RECOMMENDED FEE $5 per document REF #: S-123 TITLE: DOCUMENT COMPILATION RECOMMENDED FEE CURRENT FEE $122.81 per hour Charge the fully allocated hourly rates for all staff involved plus any outside costs. REF #: S-124 TITLE: NOTARY PUBLIC SERVICES CURRENT FEE None RECOMMENDED FEE $15 per signature This fee is set by the State and it was recently increased. 1.c Packet Pg. 39 At t a c h m e n t 1 . c : C o s t o f S e r v i c e s S t u d y - A t t a c h m e n t C A d m i n S e r v i c e s ( 1 1 9 9 : F e e S t u d y ) CITY OF DIAMOND BAR FEE COMPARISON REPORT FY 2016-2017 January 31, 2017 3 REF #: S-125 TITLE: ABATEMENT LIEN PROCESSING CURRENT FEE RECOMMENDED FEE Actual Costs Actual costs with charges at the fully allocated hourly rates for all personnel involved plus any outside costs. REF #: S-126 TITLE: CANDIDATE PROCESSING CURRENT FEE RECOMMENDED FEE None $25 per candidate This is the maximum allowed under State law (Elections Code section 10228) REF #: S-127 TITLE: LOCAL INITIATIVE PROCESSING CURRENT FEE RECOMMENDED FEE None $200 per application Fee is to be refunded to the filer if, within one year of the date of filing the notice of intent, the elections official certifies the sufficieny of the petition. This is the maximum allowed under State law (Elections Code section 9202(b)). 1.c Packet Pg. 40 At t a c h m e n t 1 . c : C o s t o f S e r v i c e s S t u d y - A t t a c h m e n t C A d m i n S e r v i c e s ( 1 1 9 9 : F e e S t u d y ) 3/7/2017 3/7/2017 3/7/2017 Fee Type Current Actual Cost $ Change % Change Business License — New $11.00 $38.00 $27.00 245.45% Business License - Renewal $11.00 $18.00 $7.00 63.64% Water Heater / Dishwaser $99.74 $101.87 $2.13 2.14% Reroof (2,200 sq/feet) $233.34 $290.72 $57.38 24.59% Electrical Panel Upgrade $110.40 $137.80 $27.40 24.82% Solar Plan Check - Family $500.00 $305.00 -$195.00 -39.00% Solar Plan Check- Commercial $1,000.00 $1,050.00 $50.00 5.00% Streamline Plot Plan $245.62 $590.00 $344.38 140.21% Plot Plan $245.62 $1,670.00 $1,424.38 579.91% NSF Check Processing $15.00 $46.00 $31.00 206.67% 3/7/2017 A 1 9 Recommended Fee Type Permit Type Current Fee. Actual Cost Fee Single Family addition .less than Zoning Clearance $43.34 per $75 per 300 square feet (Staff Review) application $76.04 application Single Family addition between 300 square feet and 50% of Plot Plan $245.62 $1,670 per existing square feet (Staff Review) per project $1,670. per. project application Single Family addition over 50% of size of existing square Development Review $2,855. Average of $8,825 $2,855 plus - feet (Planninq Commission) Deposit per proiect $5.000 deposit 3/7/2017 It Agenda #: 6.1 Meeting Date: March 7, 2017 TO: Honorable Mayor and Members of the City Council FROM: Tommye Cribbins, City Clerk TITLE: WAIVE READING IN FULL FOR ALL ORDINANCES AND RESOLUTIONS AND ADOPT THE CONSENT CALENDAR. RECOMMENDATION: Approve. PREPARED BY: 6.1 Packet Pg. 41 Agenda #: 6.2 Meeting Date: March 7, 2017 TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City Manager TITLE: APPROVAL OF CITY COUNCIL MINUTES: RECOMMENDATION: Approve. Attachments: 1. 6.2.a Study Session of February 21, 2017. 2. 6.2.b Regular Meeting of February 21, 2017. 6.2 Packet Pg. 42 CITY OF DIAMOND BAR CITY COUNCIL STUDY SESSION FEBRUARY 21, 2017 STUDY SESSION: M/Lin called the Study Session to order at 5:00 p.m. in Room CC-8 of the South Coast Air Quality Management District/Government Center, 21865 Copley Drive, Diamond Bar, CA 91765. ROLL CALL: Council Members Herrera, Lyons, Tye, Mayor Pro Tem Low and Mayor Lin Staff Present: James DeStefano, City Manager; David DeBerry, City Attorney; Ryan McLean, Assistant City Manager; David Liu, Public Works Director; Ken Desforges, IS Director; Dianna Honeywell, Finance Director; Anthony Santos, Assistant to the City Manager; Amy Haug, Human Resources/Risk Manager Kimberly Young, Senior Civil Engineer; Cecilia Arellano, Public Information Coordinator, and Tommye Cribbins, City Clerk. Also Present: Eric Strong, RCS ► FEE STUDY UPDATE – DEVELOPMENT AND ADMINISTRATIVE MISCELLANEOUS SERVICES – Discussion and Action. ACM/McLean explained that he and AtoCM/Santos will provide the Council with staff’s update on the City’s Fee Study process, background on how the study was conducted and provide recommendations for consideration to obtain staff’s direction for bringing this matter back at an upcoming City Council Meeting for consideration and adoption. The fee study was done for all services offered by the City. Tonight’s presentation and action is based entirely on Development Services (Planning, Building and Safety, Engineering and Public Works as well as basic administrative services). Staff will bring back Parks and Recreation re lated items for separate discussion at a later date. The City offers hundreds of services across departments within the City’s structure with tonight’s discussion focusing on the Development and Administrative Miscellaneous Services portion. It is very important to understand the different types of services offered by the City in two categories with the first being community supported services which are the services where there is implicit rationale for the subsidization, items that have a community benefit and social benefit including parks facilities, public safety, police and fire. Those are items that serve the entire public. In general, these services are funded using tax dollars (property tax, sales tax, etc.). The second type of services to discuss are “personal choice” services which are those that directly benefit the end user, whether that is an individual or a developer, and is generally assumed that the costs associated with these services are generally paid for by the person who benefits from the service such as building permits, facilities rental, development and so forth. ACM/McLean noted that staff’s goal tonight is not about raising revenue, it is about eliminating or reducing subsidies. Staff is attempting to plan for and provide strategies for long-term fiscal sustainability and one of the key ways to do so is to make sure that the City is not 6.2.a Packet Pg. 43 At t a c h m e n t 6 . 2 . a : S t u d y S e s s i o n o f F e b r u a r y 2 1 , 2 0 1 7 . ( 1 2 0 5 : M i n u t e s f o r A p p r o v a l ) _____________________________________________________________________ FEBRUARY 21, 2017 PAGE 2 CC STUDY SESSION subsidizing “personal choice” services with taxpayer dollars. In general, Community Support Services such as the Sheriff’s contract, is generally paid from taxes the City collects through revenues or grants. Personal Choice Services are generally paid for by fees. Currently, the City is subsidizing the Personal Choice Services and have been doing so for quite some time which means that t he City is using, General Fund tax revenues to subsidize the cost of providing those fees to individuals and developers. M/Lin said that a classic argument is whether it is a taxpayer subsidy or something that a developer is generating future tax revenues for the City. ACM/McLean said he believed it depended on the project. In addition to generating tax revenue there are ongoing services that must be provided through Public Safety, for example. There may be certain projects where agreements are made as a tradeoff, but in general, most of the projects (building permit or housing development), is not the case because in time the City ends up subsidizing those items. CM/DeStefano pointed out that this directly relates to the extraordinarily low property tax rate. Out of all 88 cities in LA County, Diamond Bar has the lowest property tax rate. It is what it is and it cannot be changed, but what it means to the City is that developments just do not produce the kinds of tax revenue needed and residential land uses even in Diamond Bar’s higher priced brackets, do not pay for the services necessary to support a residential use. Office uses at best are break- even because again, there is not any revenue coming from most office uses. With retail the picture tends to get much better very quickly. With hotels, for example, it is instantly better but Diamond Bar has very little retail land left and very little sales tax-producing retail businesses and very few hotels. So it comes full circle where the City does not receive the kind of tax revenue from the typical developments that occur in Diamond Bar and by necessity, the City has to seek revenues from other sources to fill this void. ACM/McLean continued that it is very important to remember that the City has inherent limitations on its revenue generating capabilities. The City is built out. It does not have any malls, racetracks or resort types of facilities that generate transient occupancy tax. When the City thinks long-term, staff believes it is appropriate, if the City wants to maintain fiscal sustainability and the good performance over the years with balanced budgets without service cuts, it is very important to look at the level of subsidies the City has for providing these services. AtoCM/Santos said these studies are performed at regular intervals. The last time Diamond Bar conducted a study was in 2009. In 2016, the City Manager authorized a new study with Revenue Cost Specialists (RCS). ACM/McLean stated that when the 2009 study was performed, the policy direction that was taken was to not follow the full cost recovery model as outlined, which 6.2.a Packet Pg. 44 At t a c h m e n t 6 . 2 . a : S t u d y S e s s i o n o f F e b r u a r y 2 1 , 2 0 1 7 . ( 1 2 0 5 : M i n u t e s f o r A p p r o v a l ) _____________________________________________________________________ FEBRUARY 21, 2017 PAGE 3 CC STUDY SESSION means that the City is still subsidizing nearly all of its fees. At this point, the current document serves as the baseline for what it costs today. C/Tye asked what a reasonable interval was. AtoCM/Santos responded that it is dependent upon the agenc y. Eric Strong with RCS has done dozens if not hundreds of these fee study analysis. Some agencies conduct studies every three years and others every five years. The last time Diamond Bar conducted a study was in 2009, eight years since the last comprehensive review. CM/DeStefano said that Eric may have additional thoughts, but without CPI’s, it hurts the City. He knows that some do not favor automatic CPI’s but the City’s costs reflect more closely the CPI and without that the City instantly starts t o fall behind. C/Tye asked if a city with stable work force would necessarily have their costs go up more than a city with a lot of turnover and are costs driven up as cities age and cost of staff goes up. Mr. Strong responded that it absolutely reflects the costs through turnover where newer employees would have a lower cost per employee basis. That is why this study looked at the costs for providing this cost for Diamond Bar and did not concern themselves about costs in Walnut or Brea. CM/DeStefano said that there cannot be an apples to apples comparison because it is different everywhere. On a per-capita basis, Diamond Bar pays a far lower cost for its Public Safety services. Some cities are up to 70-75 and almost 80 percent of their entire city budget paying for police, fire, labor, retirement, etc. Other cities have substantially more property taxes or sales taxes or other things. During the redevelopment days there were cities that subsidized their development fees because they received money at the end through property tax increases and tax increment benefits. If one were comparing the costs in Diamond Bar versus the costs in any other city it is very difficult to compare without getting into the deep details and financial intricacies and philosophies behind why a city does what it does. M/Lin felt the City received the benefit of consultants because it was not burdened by retirement, pensions, etc. CM/DeStefano said it depends on the Personal Service requested. In the Planning Department, for example, most of the services are provided directly by staff but there are consultants that are used in areas of expertise staff does not have and for which it would not make sense to purchase that expertise with a city staff person. On the Engineering side, it is 50/50 with staff doing a lot of the work and so are the consultants but staff is overseeing that consultant’s work. Building and Safety is entirely consultant driven with CDD/Gubman overseeing that contract. And it has 6.2.a Packet Pg. 45 At t a c h m e n t 6 . 2 . a : S t u d y S e s s i o n o f F e b r u a r y 2 1 , 2 0 1 7 . ( 1 2 0 5 : M i n u t e s f o r A p p r o v a l ) _____________________________________________________________________ FEBRUARY 21, 2017 PAGE 4 CC STUDY SESSION been the City’s philosophy and profile to utilize consultant services over the years because it best serves the City’s needs and keeps overall costs low including retirement costs, ebb and flow of the economy and other reasons. Other departments that may have personal services that are offered to constituents are done by staff or paid by recreation fees and in this instance, this study directly relates to what it costs to provide the service in Diamond Bar and what is the appropriate percentage of that cost the City is trying to recover. AtoCM/Santos continued that this study was conducted to determine the fully - burdened cost to Diamond Bar, to the Diamond Bar taxpayer as well as, to the recipient of these purchase choices to make sure of the benefits to the individual for the work being performed. Staff also wanted to make sure to develop a legally- defensible baseline purpose which included employee time by classification in completing different classifications of permit work in order to defend those costs for a Conditional Use Permit or a New Business License. The ultimate goal of this study is to recommend fee and policy adjustments to the City Council for consideration. The methodology for conducting this fee study included departmental meetings to determine service level and time spent to provide each service; review budget , develop a cost allocation plan, review services to categorize between Community Supported and Personal Choice services, review recovery percentage and develop recommendations. The elements of costs included salaries, employee fringe benefits, operating expenses, overhead and administration expenses and asset replacement expenses. The full costs of delivering fee-financed personal choice services exceed revenue on an annual basis. Current Development and Administrative/Miscellaneous Services taxpayer subsidy is about $917,534. Full cost recovery model for Personal Choice Services presents a potential subsidy reduction of $652,675 in FY 2017 -18. C/Lyons asked what it would take to fully recover. AtoCM/Santos explained that the dollar figure for full cost recovery is a very conservative revenue estimate. The City does not want to over-promise and under- deliver. Every year fluctuates based on development projects and the appli cant load that comes in. No two years are the same. The last couple of years when the Willow Heights project was going on it was one-time applications that were among the highest the City had received since incorporation. Staff looked at conservative estimates year-to-year on average which resulted in the $652,675. ACM/McLean said that the $917,534 number is based on data from the previous year in which the City had more volume and the $652,675 figure is based on a more normal average year-to-year. C/Lyons asked for confirmation that the whole cost recovery model would recover most of the cost in a normal year. 6.2.a Packet Pg. 46 At t a c h m e n t 6 . 2 . a : S t u d y S e s s i o n o f F e b r u a r y 2 1 , 2 0 1 7 . ( 1 2 0 5 : M i n u t e s f o r A p p r o v a l ) _____________________________________________________________________ FEBRUARY 21, 2017 PAGE 5 CC STUDY SESSION Mr. Strong said that part of the costs would be something that would occur once every five years. AtoCM/Santos said that with the current fee structure, if there are volumes greater than Lennar the subsidy would be greater than the $917,534. If the full cost - recovery model is implemented, depending on how much volume there is (high or low), the City would recoup its costs for providing the services. He explained fee examples highlighting current to actual costs (fully-burdened business model). ACM/McLean stated that staff’s recommendation is to put into place a fee - resolution that captures the fully-burdened rate for providing Personal Choice Services. Staff believes it is appropriate for the City’s long term fiscal health to eliminate or reduce taxpayer subsidies. Obviously, the Council has the discretion to make decisions if they choose to provide subsidies in certain cases, but staff’s recommendation is that the City implement a full-burdened fee resolution that eliminates the taxpayer subsidies for these particular services. Staff would further recommend that this take effect July 1, 2017 to correspond with the budget year and also recommends that Business License applications and renewal remain at the $11 rate which is consistent with the City Council’s goal to provide business - friendly services. Staff would strongly recommend that with any implementation that there be an annual fee adjustment based on the annual CPI in order to stay somewhat current and recommend another fee study be done at a future interval to make sure that five to seven years going forward that the City is capturing the correct costs. As a reminder, Parks and Recreation fees will be discussed at a later date given its unique features. In summary, the objective is to prioritize the long term fiscal health of the City and eliminate taxpayer subsidies on Personal Choice Services. C/Herrera asked if on adoption the Plot Plan fee would go from $225 to $1670, for example. Mr. Strong responded affirmatively. C/Herrera commented that it is a huge hike. ACM/McLean said that the difference demonstrates the level of subsidy that is currently in place. One can see that while it is a very significant increase, it is the cost of providing that service and if the City continues to subsidize it at that level it is money that cannot be spent in Community Choice services. MPT/Low asked for more time to study this matter. Discussion ensued. Council agreed to again discuss this item at a future Study Session meeting. 6.2.a Packet Pg. 47 At t a c h m e n t 6 . 2 . a : S t u d y S e s s i o n o f F e b r u a r y 2 1 , 2 0 1 7 . ( 1 2 0 5 : M i n u t e s f o r A p p r o v a l ) _____________________________________________________________________ FEBRUARY 21, 2017 PAGE 6 CC STUDY SESSION ► SISTER CITY – Discussion and Action M/Lin stated that he brought this item forward for discussion because about two months ago a citizen of New Taipei City requested to meet with him which he did when he traveled to Taiwan. He was told that the two cities had not had any contact for a long time and that the previous Sister City no longer existed but that the District still had about 110-120,000 people. He met with the Chief of the District of Sai Chow and original members of the Sister City Committee for Diamond Bar and was told they would like to revitalize activities. CM/DeStefano said that staff is recommending that the City not go forward at this time. Staff could not find any direct benefit to the community of Diamond Bar from the prior relationship and were challenged by the benefits that may derive from the new larger City of New Taipei. That coupled with efforts underway o ver the next year in a variety of areas caused staff to believe that this is not an area the City should move forward with at this time. Council may think differently and move forward to re-energize the relationship with now New Taipei City and if Council were to do so, it is recommended that the Council do so directly with the government of New Taipei and not go through the Sister City Association because it has been inactive for many years and may not have current representation that would benefit Diamond Bar in a re-energized relationship. M/Lin said he is very experienced with the Sister City concept and he believed the proper way to move forward would be to create a Sister City Committee consisting of two Council Members and a group of no more than 10 people as a part of the Sister City group. Council discussion ensued after which Council concurred to take time to consider the matter and bring it back for further discussion. ► BARKING DOG NUISANCE PROCESS - Discussion and Action M/Lin asked for discussion of this matter after hearing from a speaker and learning about the situation. CM/DeStefano said that in 28 years there has been only one other incident of its kind of which staff is aware. These issues must exist but they do not rise to the level of the recent example which is discussed in staff’s report. Also discussed in staff’s report is the difficulty in monitoring and implementing any ordinance for any length of time of an annoying barking dog or any other animal nuisance and given the infrequent nature of this item, staff is not recommending changes to the code at this time. C/Herrera said she has complaints from residents about barking dogs in her neighborhood and neighbor disputes. They call Inland Valley and Inland Valley doesn’t really do anything and she believes the reason it doesn’t surface to the City level is that people get discouraged that there is no one to help them. What she 6.2.a Packet Pg. 48 At t a c h m e n t 6 . 2 . a : S t u d y S e s s i o n o f F e b r u a r y 2 1 , 2 0 1 7 . ( 1 2 0 5 : M i n u t e s f o r A p p r o v a l ) _____________________________________________________________________ FEBRUARY 21, 2017 PAGE 7 CC STUDY SESSION does not want to see is people poisoning other people’s pets because they can’t make the barking stop. CM/DeStefano said he is not aware of any such incidents. The Inland Valley Humane Society is often used as a weapon against a neighbor in what is a disgruntled neighbor-to-neighbor relationship so the IVHS has a process that begins by having at least one more complaining party, at which point they will then begin investigating the situation and try to find a duplication of the incidents that are the source of the complaints. Often IVHS cannot confirm the problem and as a result, nothing happens. In the most recent case, the circumstances were the same and to this day staff does not know whether it was the dogs next door, down the street or up the hill because the situation could not be duplicated. When IVHS can duplicate a situation they issue notices or citations to the owner to make the appropriate correction. C/Tye felt that IVHS did a good job but felt they needed help with customer service. Some people will never be satisfied which is likely the situation with the most recent example and he does not believe anything should be changed because of one aberration. Public Comments: None ADJOURNMENT: With no further business to come before the City Council, M/Lyons recessed the Study Session at 6:25 p.m. to the Regular Meeting. ________________________________ Tommye Cribbins, City Clerk The foregoing minutes are hereby approved this day of , 2017. _______________________________ Jimmy Lin, Mayor 6.2.a Packet Pg. 49 At t a c h m e n t 6 . 2 . a : S t u d y S e s s i o n o f F e b r u a r y 2 1 , 2 0 1 7 . ( 1 2 0 5 : M i n u t e s f o r A p p r o v a l ) MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR FEBRUARY 21, 2017 CLOSED SESSION: 5:00 p.m., Room CC-8 ► Conference with Real Property Negotiators pursuant to Government Code Section 54956.8 Property: APN 8718-005 Parcels 007 and 008 (vacant property) Agency Negotiators: James DeStefano, City Manager, David DeBerry, City Attorney Negotiating Parties: City and YMCA Under Negotiations: Price and Terms of Payment STUDY SESSION: 5:20 p.m., Room CC-8 ► Fee Study Update – Development & Administrative Miscellaneous Services – Discussion and Action ► Sister City – Discussion and Action ► Barking Dog Nuisance Process – Discussion and Action Public Comments: None Offered Study Session Adjourned to Regular Meeting at 6:25 p.m. CALL TO ORDER: Mayor Lin called the Regular City Council meeting to order at 6:32 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA. CM/DeStefano reported that the City Council began this evening with a Closed Session at 5:00 p.m. There was one matter discussed regarding property negotiations for which there is no reportable action. Council then moved from the Closed Session to a Study Session at 5:20 p.m., during which three items were discussed: 1) Fee Study Update in consideration of changing General Consumer Fees (parks & recreation services) for services the City Government provides as well as Personal Choice Service (single party building per mits). Council asked that this matter be brought back for further discussion. 2) Possible renewal of a Sister City relationship with a community in Taiwan formerly known as Sansha i and now known as New Taipei City was discussed and Council took action to table the matter for the foreseeable future. 3) There was a brief discussion by the City Council regarding the possibility of making changes to the City’s Code dealing with annoying nuisance 6.2.b Packet Pg. 50 At t a c h m e n t 6 . 2 . b : R e g u l a r M e e t i n g o f F e b r u a r y 2 1 , 2 0 1 7 . ( 1 2 0 5 : M i n u t e s f o r A p p r o v a l ) FEBRUARY 21, 2017 PAGE 2 CITY COUNCIL barking dog incidents and Council agreed with staff’s recomm endation that no action was needed at this time because such incidents that rise to City Council level are extremely infrequent in Diamond Bar. The Study Session concluded at 6:28 p.m. PLEDGE OF ALLEGIANCE: C/Lyons led the Pledge of Allegiance INVOCATION: Luke Pamplin, Evangelical Free Church, gave the invocation ROLL CALL: Council Members Herrera, Lyons, Tye, Mayor Pro Tem Low and Mayor Lin Staff Present: James DeStefano, City Manager; David DeBerry, City Attorney; Ryan McLean, Assistant City Manager; David Liu, Public Works Director; Ken Desforges, IS Director; Dianna Honeywell, Finance Director; Anthony Santos, Assistant to the City Manager; Kimberly Young, Senior Civil Engineer; Cecilia Arellano, Public Information Coordinator, and Tommye Cribbins, City Clerk. APPROVAL OF AGENDA: As Presented. 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 M/Lin and Council Members presented Certificates of Recognition to Diamond Bar Pop Warner Cheer Team members for placing 6 th in the nation at the 2016 National Cheer & Dance Championship and for becoming the 2017 Jamz National Champions. NEW BUSINESS OF THE MONTH: 1.2 M/Lin and Council Members presented a Certificate Plaque to Diamond Bar Montessori Academy, 23555 Palomino Drive, as New Business of the Month for February 2017. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: None. 3. PUBLIC COMMENTS: Cynthia Smith asked what the monitoring policy and procedure was in the Diamond Bar Planning Department that assures projects are consistent with the City’s General Plan and is it true that the Planning Department does not retain or refer to CC&R’s when considering development project applications and/or approvals. Upon reading the annual General Plan Update report she noticed that there was no declaration of projects that are inconsistent with the General Plan. 6.2.b Packet Pg. 51 At t a c h m e n t 6 . 2 . b : R e g u l a r M e e t i n g o f F e b r u a r y 2 1 , 2 0 1 7 . ( 1 2 0 5 : M i n u t e s f o r A p p r o v a l ) FEBRUARY 21, 2017 PAGE 3 CITY COUNCIL Allen Wilson, representing the Office of Assemblyman Chen, spoke about the introduction of Assembly Bill 100 which offers tax breaks for homeowners and renters offered by Assemblyman Chen and Assemblyman Matthew Hart from Huntington Beach which they encourage constituents to support. For further information individuals can call him at his Sacramento Office at 916 -319-2055 or the Brea Office at 714-529-5502 or follow him on Twitter @PhillipChenca. . Pui Ching Ho, Diamond Bar Library spoke about upcoming Library events. On Saturday, February 25 at 3:00 p.m. the Alzheimer’s Association will present a workshop teaching individuals how to recognize the warning signs of the disease. March 2 is Dr. Seuss’ Birthday and the Library is celebrating with a puppet show. Please check the library website at http://colapublib.org/libs/diamondbar/index.php for additional programs and events. Rob Julian, 209 S. Rock River Road voiced his concerns about individuals parking cars in front of the school where there is bus parking only at Lorbeer Middle School. When he called the school he was told to call the City and when he called the City he was told to take the matter up with the Sheriff’s Department. He called the Sheriff’s Department and was told to go back to the school and was again told it was a City issue and when he called the City again he was told the City had a problem with the school. He called the school principal and was told she had never had a problem with the City and it must have happened prior to her tenure. He suggested the City paint the curb and install “bus parking only” signs so it can be enforced. Ghazala Khan, 2896 Vista Court, asked for increased security for her Crystal Ridge neighborhood community due to the increased burglaries in the area of Hawkwood and Crystal Ridge. Captain Reyes and Lt. Marquez have responded and obtained videos from residents to help identify the perpetrators but they are not aware that any individuals have been identified or apprehended. Residents of the area are working with the Homeowners Association to install cameras and security lights. Her goal in bringing this matter to the City Cou ncil is because Diamond Bar is considered to be one of the top 10 cities in the nation when it comes to a low crime rate and that the current situation gives the City a huge black eye. Response by the Sheriff’s Department has taken up to an hour and a half which they believe to be unacceptable. Daniel Luevanos, One Legacy/Donate Life, spoke about the purpose of his organization and advised Council that he and 23 other eye and organ recipients rode on the Team Life Rose Parade float this year that won the Theme Trophy “Echoes of Success”. His organization is preparing for its 15th Annual Donate Life Run/Walk at Cal State Fullerton. April is Donor Awareness Month and his organization is asking for a Proclamation for organ donation for the month of April. 6.2.b Packet Pg. 52 At t a c h m e n t 6 . 2 . b : R e g u l a r M e e t i n g o f F e b r u a r y 2 1 , 2 0 1 7 . ( 1 2 0 5 : M i n u t e s f o r A p p r o v a l ) FEBRUARY 21, 2017 PAGE 4 CITY COUNCIL Manuel Baca and Rosanne Bader, Board of Trustees members for Mt. SAC updated Council on the school’s facilities, its activities and programs. Mt. SAC is planning for the next decade and seeking community input to help develop a new Education and Facilities Master Plan. To this end, Mt. SAC will have a series of workshops, the first of which will be held on Thursday evening at Ganesha Park on White Street in Pomona. Thereafter, there will be meetings spread throughout the district including West Covina, Baldwin Park, Irwindale, Hacienda Heights, City of Industry, Walnut, LaVerne and Pomona. They presented flyers and referred residents to the website at www.mtsac.com Chia Teng, 22379 Kicking Horse Drive, spoke about Tentative Parcel Map No. 72035 which seeks subdivision of the property into three lots where only two are mandated by The Country Estates Homeowners Association for which approval of the Association is required and has been denied. Despite the As sociation’s denial, the Planning Commission approved the Map at its last meeting which is a conflict and he imagines the matter will be litigated because the property owner will have the subdivision map recorded and the HOA will fight it. Tommy Lu, 2898 Vista Court and member of Crystal Ridge Homeowners Association, spoke in support of Ghazala Khan’s comments and other community members who were affected by burglaries in their community. During this period of time the community has had police support and Lt. Marquez has been very kind, very attentive and very supportive but more needs to happen to protect the community. 4. RESPONSE TO PUBLIC COMMENTS: CM/DeStefano responded to the first speaker’s comments about the City’s General Plan and the City’s utilization and enforcement of private CC&R’s. With respect to the General Plan, City staff is obligated by City Codes and State Codes to ensure that all physical development projects are ultimately consistent with the City’s overall broad policy document for land use known as the City’s General Plan. Whether it is a room addition or a new subdivision like Willow Heights or a new commercial building in the Gateway Corporate Center, each and every project must be found to be consist with the City’s General Plan. That decision making process is at the basic staff level with a front counter permit as well as, through actions preceded by recommendations from staff, actions of the City’s Planning Commission and often by the City Council. It is a fundamental requirement and your professional City staff upholds the laws of the State of California as well as, the rules of the City and the policies of the City Government. A comment was made regarding the General Plan Annual Report which was on the City Council’s agenda a meeting or two ago. It is a State requirement that an annual report be prepared and submitted to the State regarding the progress of the City’s General Plan and its implementation. Accordingly, each year City staff puts together a summary of acti vities, major developments, issues and opportunities that are occurring within the City. That annual General Plan Report does not get into details and is instead, a broad 6.2.b Packet Pg. 53 At t a c h m e n t 6 . 2 . b : R e g u l a r M e e t i n g o f F e b r u a r y 2 1 , 2 0 1 7 . ( 1 2 0 5 : M i n u t e s f o r A p p r o v a l ) FEBRUARY 21, 2017 PAGE 5 CITY COUNCIL stroke review of the City’s implementation of its General Plan. The same speaker asked questions about whether or not the City looks at CC&Rs. Homeowners Associations and Business Property Owner Associations often have CC&R’s (Covenants, Conditions & Restrictions) which are private party agreements amongst and between the parties within that association who have agreed to abide by the rules of that association. More commonly, these associations are known within residential projects where there may be different standards from what the City utilizes. There may be different standards fo r the size of lots, the number and size of pets, and a wide variety of things which can be implemented through private CC&Rs that may be different that the standards of the cities. This City government like other City governments does not create and does not enforce private CC&Rs. Homeowners Associations and Business Owner Associations have their own enforcement powers, have their own attorneys, and their own decision -making process through their Board of Directors to enforce their own rules. Cities do not enforce private CC&Rs. The example that was raised by a Mr. Lu regarding a potential project that is coming to the City and indicating that the project does not follow The Country Estate’s CC&Rs, may indeed be the case. It is not often that it happens, but does happen from time to time. It is really incumbent upon the private property owner (in this case the sub-divider) to work through its Homeowner’s Association. If they do not, their project is in peril because they need to abide by their local Association’s rules and regulations, which is not generally difficult to do. Again, the City does not enforce private CC&Rs and it is not the public’s responsibility to weigh in and to enforce those private covenants amongst and between the property owners. Another speaker provided the Council and staff with a matter regarding traffic, school buses and student pickup/drop-off at Lorbeer Middle School. Having spoken with PWD/Liu, this is a matter of which staff is not aware but take s extraordinarily serious and so too does the City’s Public Safety partner, the LA County Sheriff’s Department and staff will be on that matter immediately and if the speaker is still in the audience, a staff member will get additional information from him to be able to coordinate information regarding that issue. Each school has a circulation route for buses, parent pickup and for students which obviously needs to be adhered to in order for the circulation system to work properly. Each school has appropriate parking zones, each school is located in a different area and each school has its own unique characteristics, but there is a traffic and circulation parking plan for each school. Staff and the Sheriff’s Department will get on this matter immediately and continue to work very closely with the current principal and the entire Pomona Unified School District, a wonderful working relationship the City has enjoyed for three decades with both school districts. Two speakers spoke regarding the recent spate of home burglaries within The Country Estates. Speakers happen to live in one of the newer developments of The Country Estates, a sub-community known as Crystal Ridge which is a neighborhood of beautiful homes that are inside the gates . These homeowners are members of the larger Country Estates Homeowners Association, which is 6.2.b Packet Pg. 54 At t a c h m e n t 6 . 2 . b : R e g u l a r M e e t i n g o f F e b r u a r y 2 1 , 2 0 1 7 . ( 1 2 0 5 : M i n u t e s f o r A p p r o v a l ) FEBRUARY 21, 2017 PAGE 6 CITY COUNCIL privately gate-guarded, and privately security patrolled. A question was with respect to Hawkwood which is a public street that terminates at a street within The Country Estates Association where there is a gate. The Hawkwood gate is within the boundaries of The Country Estates and is the managed and maintained responsibility of The Country Estates Homeowners Association. It was created decades ago but it was improved 15 -20 years ago with pilasters and wrought iron when a nearby Parcel Map was processed and the Crystal Ridge Project was processed. Again, the Hawkwood gate is under the control of The Country Estates Homeowners Association and it was meant to be an emergency gate and is therefore not manned as are the other two gates within The Country Estates. Lt. Marquez spoke to the burglaries and ongoing investigation underway in the Crystal Ridge community to catch those responsible. He stated that he is aware of the burglaries committed in the community within The Country Estates. He has attended a meeting with the community and he spoke about the specific incidents that have taken place. At this point it would be irresponsible of him to speak to an open investigation that is ongoing in this pa rticular forum. He met with the HOA President, security, two detectives and the Community Relations Deputy today regarding additional patrol and additional monitoring and electronic devices that can be placed in and around the community in question to mak e it safer. The meeting lasted about two hours and was held inside the community. He assured the community that the investigation of the burglaries that are happening in The Country Estates has the attention of the Sheriff’s Department and that the department is working diligently with the community and other law enforcement agencies to apprehend and arrest the individuals that have committed these burglaries. CM/DeStefano said that the first speaker referred to the City’s enforcement of CC&Rs. A later speaker was more specific in referring to The Country Estates CC&Rs and a subdivision of a parcel of land. He admonished the Council that should Council Members have questions or comments, they should not speak to the matter of the Parcel Map (the subdivision of land) because that matter is coming to the City Council in the form of a public hearing upon a recommendation from the Planning Commission to move forward. There will be another Noticed public hearing before the City Council and while an exact date has not yet been set for the hearing, it is likely to be on the March 21, 2017 City Council agenda. Because this is a matter of public hearing and because it is coming before the City Council again, Council is asked to please not discuss the CC&R enforcement, particularly with respect to the subdivision of land and the specific application coming to the City Council in 30 days. M/Lin said that Mrs. Khan said that it took law enforcement 47 minutes to respond to a call and he wanted to know if that was a typical response time. Lt. Marquez said he has spoken with Mrs. Khan on several occasions . Calls for service are constantly monitored and broken into different categories such as 6.2.b Packet Pg. 55 At t a c h m e n t 6 . 2 . b : R e g u l a r M e e t i n g o f F e b r u a r y 2 1 , 2 0 1 7 . ( 1 2 0 5 : M i n u t e s f o r A p p r o v a l ) FEBRUARY 21, 2017 PAGE 7 CITY COUNCIL emergency, priority and routine calls for service. He can assure the C ouncil that any calls that are emergency and priority are very quickly responded to by the department and routine calls such as calls for service that are reports that need to be taken take longer for response and he will speak to Mrs. Khan about that effort again. If Mrs. Khan calls in an emergency his department will be there in short order. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Parks and Recreation Commission Meeting – February 23, 2017 – 7:00 p.m. – Windmill Community Room, 21810 Copley Drive. 5.2 Household Hazardous Waste and e-Waste Roundup Event – Saturday, February 25, 2017 – 9:00 a.m. to 3:00 p.m., Gateway Corporate Center. 5.3 Community Coffee with State Senator Josh Newman – February 25, 2017 9:00 a.m. to 11:00 a.m., Diamond Bar Center, 1600 Grand Avenue. RSVP to 714-671-9474. 5.4 4th Annual Bridal Show – February 26, 2017 – 11:00 a.m. to 3:00 p.m., Diamond Bar Center, 1600 Grand Avenue. 5.5 City Council Meeting – March 7, 2017 – 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Drive. 6. CONSENT CALENDAR: C/Herrera moved, MPT/Low seconded, to approve the Consent Calendar as presented. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Herrera, Lyons, Tye, MPT/Low, M/Lin NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 6.1 WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS AND ADOPT THE CONSENT CALENDAR. 6.2 APPROVED CITY COUNCIL MINUTES: 6.2.1 Study Session Minutes of February 7, 2017 – as submitted. 6.2.2 Regular Meeting of February 7, 2017 – as submitted. 6.3 RECEIVED AND FILED PARKS AND RECREATION COMMISSION MINUTES OF NOVEMBER 17, 2016. 6.4 RATIFIED CHECK REGISTER DATED February 2, 2017 through February 15, 2017 totaling $735,966.05. 6.2.b Packet Pg. 56 At t a c h m e n t 6 . 2 . b : R e g u l a r M e e t i n g o f F e b r u a r y 2 1 , 2 0 1 7 . ( 1 2 0 5 : M i n u t e s f o r A p p r o v a l ) FEBRUARY 21, 2017 PAGE 8 CITY COUNCIL 6.5 ADOPTED RESOLUTION 2017-03: APPROVING PLANS AND SPECIFICATIONS AND ESTABLISHING A PROJECT PAYMENT ACCOUNT; AWARDED CONSTRUCTION CONTRACT FOR THE TRAFFIC SIGNAL INFRASTRUCTURE UPGRADES PHASE II PROJECT TO ELECNOR BELCO ELECTRIC, INC. IN THE AMOUNT OF $449,772 AND AUTHORIZED A CONTINGENCY AMOUNT OF $42,000 FOR CONTRACT CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER, FOR A TOTAL AUTHORIZATION AMOUNT OF $491,772. 7. PUBLIC HEARING: 7.1 RESOLUTION NO. 2017-04: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION BY EMINENT DOMAIN OF INTERESTS IN CERTAIN REAL PROPERTY FOR PUBLIC USE AND AUTHORIZING AND DIRECTING CONDEMNATION OF PARCEL NOS. 8718-005-007 AND 008. CM/DeStefano referred staff’s report to CA/DeBerry who stated that this is a Public Hearing at which the City Council considers whether to authorize legal counsel to file a Court action in Eminent Domain to acquire the property. The particular property that is subject to the Resolution is 2.83 acres and is currently unused. It is owned by the YMCA and is located across from the YMCA at the end of Sunset Crossing Road. Its current state is that it is generally covered with weeds, some grass and dirt , it is surrounded by chain link fencing, and there are storage bins located on the property. At one point this property was used as practice fields for the adjacent Pony League but in staff’s estimation, it has not been used for any recreational purposes over the last 10 years. CA/DeBerry further stated that the City’s proposed use of the property is to develop one-acre as a neighborhood park and to leave the remaining 1.83 acres as open space for the immediate future pending further study. There will be further study of the precise amenities anticipated to be included in the neighborhood park and the City also intends to receive neighborhood input prior to proceeding. Prior to filing a Court action, State Law requires that the City Council make specified findings, all of which are contained in the Resolution bef ore the Council this evening. He summarized the five findings: 1) the public interest is served by the proposed use (park purposes); 2) that the proposed use is planned or located in a manner compatible with the greatest public good and least private injury; 3) that the property is necessary for the proposed use; 4) that the offer required by State Law has been made to the property owner; and, 5) that the City has fulfilled its legal requirements prior to adopting the Resolution of Necessity which 6.2.b Packet Pg. 57 At t a c h m e n t 6 . 2 . b : R e g u l a r M e e t i n g o f F e b r u a r y 2 1 , 2 0 1 7 . ( 1 2 0 5 : M i n u t e s f o r A p p r o v a l ) FEBRUARY 21, 2017 PAGE 9 CITY COUNCIL includes a finding under the California Environmental Quality Act (CEQA). Staff’s report contains the detailed findings and evidentiary support. Briefly, in support of the findings, the acquisition will help the City meet its General Plan goal of having 3-acres per 1,000 residents. Currently, the rate is 2.3-acres per 1,000 residents. It also furthers two General Plan strategies that encourage both acquisition of open space and public parks. The property is already designated under the Zoning Code and Gener al Plan for “park purposes and open space.” There is currently no neighborhood park that serves this community. The nearest park (Peterson Park) is about 1.8 miles from the site. The City has complied with state law and retained an appraiser which appraised the property as “highest and best use” and by state law, the City is required to offer the full amount of the appraised value to the YMCA which it has done. The Resolution also contains a finding under the California Environmental Quality Act (CEQA) that the property is categorically exempt. There are three exemptions that apply to this project: 1) Exemption for infill development of less than five-acres; 2) there is an exemption when there is no reasonable foreseeability that the project will have any significant impact on the environment; and, 3) typically acquisitions for Open Space and Public Parks are exempt under CEQA. However, having said that, once the City decides on the particular amenities for the neighborhood park and sometime in the future when the City decides what to do with the balance of the property, it would undertake the same CEQA analysis to determine whether or not it is exempt. As required by State Law, the City provided written notice to the property owner regarding the time and place of this hearing and by State Law, the property owner is required, within 15-days of such notice (by February 10) to advise the City if the property owner wants to be heard at this Public Hearing. To date, the City has not received a written request from the property owner to be heard in this matter. If the City Council adopts this Resolution, it will authorize legal counsel to move forward with the filing of an action in LA Superior Court to acquire the property. He noted that even if the Council adopts the Resolution tonight the ongoing effort for the City to negotiate a voluntary purchase with the YMCA will in no way stop. This effort to negotiate a voluntary purchase will be ongoing as the parties involved have recently traded ideas about what the purchase price should be. One of the items that is not discussed at the Public Hearing as dictated by State Law is the price being offered for the property. To that end, all public comments during tonight’s Public Hearing must be directed to t he five findings that are contained within the Resolution. MPT/Low asked for clarification that this project was exempt under CEQA and yet at some other point another CEQA might be required. 6.2.b Packet Pg. 58 At t a c h m e n t 6 . 2 . b : R e g u l a r M e e t i n g o f F e b r u a r y 2 1 , 2 0 1 7 . ( 1 2 0 5 : M i n u t e s f o r A p p r o v a l ) FEBRUARY 21, 2017 PAGE 10 CITY COUNCIL CA/DeBerry said that the current actions tonight are intended t o simply acquire the property. Until such time as the City has acquired the park and has determined what particular amenities will be for the neighborhood park and or for the 1.83 acres later on, whether or not those particular activities and installation/construction would have on the property are not known. It is too early in the process to determine whether or not there will be an Environmental Impact required for whatever is determined to take place until the property is acquired. Once a more definit ive plan is in place the City will relook at CEQA to determine whether or not those exemptions still apply and if not, further study may be required. MPT/Low asked if the property was currently being used or sitting fallow. CA/DeBerry said as indicated in staff’s report, it is sitting fallow staff believes it has not been used over the past 10 years. M/Lin opened the Public Hearing at 7:49 p.m. M/Lin asked if the property owner was present and there was no response. Absent anyone requesting to speak on this matter, M/Lin closed the Public Hearing at 7:49 p.m. C/Lyons said she would like to move forward with this project. She can remember when the property was well used by youth in the community for baseball practice and general play. She hates to see it in its current condition and it is definitely an eyesore. C/Lyons moved, C/Herrera seconded, to Approve Resolution No. 2017 -04: A Resolution of the City Council of the City of Diamond Bar, Finding and Determining that the Public Interest and Necessity require the Acquisition by Eminent Domain of Interests In Certain Real Property for Public Use, and Authorizing and Directing Condemnation of Parcel Nos. 8718-005-007 and 008. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Herrera, Lyons, Tye, MPT/Low, M/Lin NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 6.2.b Packet Pg. 59 At t a c h m e n t 6 . 2 . b : R e g u l a r M e e t i n g o f F e b r u a r y 2 1 , 2 0 1 7 . ( 1 2 0 5 : M i n u t e s f o r A p p r o v a l ) FEBRUARY 21, 2017 PAGE 11 CITY COUNCIL 8. COUNCIL CONSIDERATION: 8.1 (a) ADOPT RESOLUTION NO. 2017-05: AMENDING THE FISCAL YEAR 2016-17 MUNICIPAL BUDGET. CM/DeStefano stated that each year at about this time staff brings forward to the City Council recommended changes to the Council’s adopted budget and staff is doing so again this evening. Staff’s report will be provided by FD/Honeywell. FD/Honeywell explained that the purpose of this report is to update the City Council on the City’s financial condition at the midpoint of the 2016 -17 Fiscal Year and to make appropriate adjustments to the budget. The City has continued to see moderate increases in most revenue sources which is a positive indicator of an improving local economy. Property tax and sales tax revenue represent nearly 63 percent of the General Fund revenue so meaningful increases in these categories are important financial indicators for the City. Property tax revenue is tracking on budget for FY 2016-17 and it had been increased over the 2015-16 FY levels by 3 ½ percent. Sales tax is being adjusted upward at mid -year by $350,000. This increase is due primarily to better than expected results in th e business and industry sector, diversification in the sales tax base and continued economic development efforts throughout the City. There are some decreases in the General Fund revenue such as lower than expected fines and forfeiture revenue due to bett er compliance with City Ordinances and lower recreation fees due to cancellation of the Snowfest earlier this year due to bad weather. Even with these reductions, there is an overall increase to the General Fund revenue in the amount of approximately $1.7 million of which $1.2 is a use of General Fund reserves. The City has continued to control expenditures in order to best meet the needs of the organization and its residents. Staff is recommending an increase of General Fund Appropriations at mid -year of approximately $1.6 million over the current adjusted budget. A portion of this increase is due to the reorganization of the Parks and Facilities Maintenance Division earlier this fiscal year. It was not immediately known at the beginning of the fiscal year what the needs of the department would be. As the year has progressed and staff has had the opportunity to evaluate facilities throughout the City, the necessary resources are now being appropriated. A majority of the increase to the expenditures is for the funding of Capital projects which constitutes $1.2 million of the $1.6 million increase. $245,000 is for additional funding for the City’s Monument Signs, $84,000 is for Preliminary Mitigation Measures for the recent storm damage to Sycamore Canyon Park and Steep Canyon, and $805,000 for Area 5 Street Rehab. In the past, projects of this nature have commenced after the beginning of the new fiscal year around August. Staff has determined 6.2.b Packet Pg. 60 At t a c h m e n t 6 . 2 . b : R e g u l a r M e e t i n g o f F e b r u a r y 2 1 , 2 0 1 7 . ( 1 2 0 5 : M i n u t e s f o r A p p r o v a l ) FEBRUARY 21, 2017 PAGE 12 CITY COUNCIL that it is beneficial for slurry projects to start closer to the beginning of the summer for better results and fewer school traffic issues. In order to award the contract in April or May, funding sources must be identified during the current fiscal year which results in the short -term borrowing from the General Fund Reserves in the current fiscal year. These funds will be returned to the General Fund Reserves in Fiscal Year 2017 -18 and replaced with a new funding source such as Measure M which was approved by the voters in November 2016. The details of all of these changes can be found in Exhibit A of Staff’s report. Adjustments at mid - year will bring projected General Fund Reserves at June 30, 2017 to $15.8 million which is 60 percent of the General Fund appropriations. Also included in this mid-year report are a variety of adjustments to Special Revenue Funds, the most notable being an increase to the General Plan Fund. The majority of the $544,000 increase is funds that were already earmarked and appropriated in prior years and not carried over in September when the rest of the carryovers were done. A small portion is for costs related to GPAC meetings and public outreach in order to keep the residents apprised of the progress of the General Plan. Adjustments to the CIP Fund include additional appropriations for Lemon Avenue and as previously mentioned, the City Monument signs. New appropriations include Pantera Park lighting design and the previously mentioned funding for the Area 5 slurry project and initial mitigation efforts at Sycamore Canyon Park and Steep Canyon. C/Herrera moved, C/Tye seconded, to Adopt Resolution 2017 -05: Amending the Fiscal Year 2016-17 Municipal Budget. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Herrera, Lyons, Tye, MPT/Low, M/Lin NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None (b) ADOPT RESOLUTION NO. 2017-06: AMENDING RESOLUTION NO. 2016-40, THE CITY OF DIAMOND BAR’S COMPENSATION PLAN EFFECTIVE MARCH 4, 2017. C/Herrera moved, C/Lyons seconded, to Adopt Resolution No. 2017-06: Amending Resolution No. 2016-40, the City of Diamond Bar’s Compensation Plan effective March 4, 2017. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Herrera, Lyons, Tye, MPT/Low, M/Lin NOES: COUNCIL MEMBERS: None 6.2.b Packet Pg. 61 At t a c h m e n t 6 . 2 . b : R e g u l a r M e e t i n g o f F e b r u a r y 2 1 , 2 0 1 7 . ( 1 2 0 5 : M i n u t e s f o r A p p r o v a l ) FEBRUARY 21, 2017 PAGE 13 CITY COUNCIL ABSENT: COUNCIL MEMBERS: None 8.2 APPROVE AMENDED AND RESTATED AGREEMENT BETWEEN CITY OF DIAMOND BAR AND USA WASTE OF CALIFORNIA, INC. (WASTE MANAGEMENT) FOR RESIDENTIAL CART CUSTOMER SOLID WASTE MANAGEMENT SERVICES. ACM/McLean reported that staff is bringing forward a recommendation to approve a franchise amended and restated agreement between the City and USA Waste aka Waste Management, the City’s exclusive residential solid waste hauler since 2000. The current second agreement went into place in 2010. Since that time, Waste Management has continued to provide good service to the customers, has maintained competitive rates and offered a variety of very significant refuse and recycling programs. The current agreement is set to expire in August 2018. In March 2016, City Council directed staff to begin exclusive negotiations with Waste Management over the next six months. Following an RFP process, Council selected HF&H Consultants, an industry leader and expert in providing assistance to staff as it negotiates these very complex deals and who is represented at tonight’s meeting. Staff began negotiations last August by setting staff’s goals about how it would proceed with negotiations. Number one was to provide high quality service. Staff wanted to maintain and expand the special programs the City has which include not just trash service, but also recycling, e-waste, household hazardous waste and a long list of other items. Staff wanted to generate revenues and added value from these agreements to fund community-wide initiatives and services and finally, to maintain health and safety throughout the community through continuity of service. This negotiation process concluded early 2017 and the resulting d ocument is Exhibit A in Council’s packet which is the proposed contract agreement that staff has come to agreement with the City’s haulers. This document has been reviewed and approved by the City Attorney. Some of the key provisions are as follows: The term of the agreement per the negotiated agreement is that the current agreement would be extended for a period of five years to August 2023 with the City having at that point, the option to extend the Agreement by two one-year extensions. Regular service provided under this agreement are that customers will continue to be able to select the appropriate sized cart they wish to use. One of the unique features of the agreements is that the City has a “pay as you throw” system which means individuals can choose carts based on the amount of waste and/or recyclables they generate. In short, those who produce less waste end up paying less because they do not need the larger cart. Staff found that about 84 percent of customers choose to use bins that are smaller than the 96 gallon because they found ways to recycle more and generate less waste. The third item is rates and 6.2.b Packet Pg. 62 At t a c h m e n t 6 . 2 . b : R e g u l a r M e e t i n g o f F e b r u a r y 2 1 , 2 0 1 7 . ( 1 2 0 5 : M i n u t e s f o r A p p r o v a l ) FEBRUARY 21, 2017 PAGE 14 CITY COUNCIL what staff has agreed to with Waste Management is to freeze the current rates for the first year of the agreement which results in an approximate rate payer savings of $94,630 for that first year. Thereafter, Waste Management would have the availability of requesting rate increases based solely on their changes in providing service and business costs associated with providing service beginning in year two of the agreement. He noted that it is very difficult to provide apples to apples comparisons between cities. The agreements Diamond Bar has and the franchise agreements versus those of other agencies can differ in many different wa ys. For example, Arcadia has a much more limited “scope of services” compared to specialized recycling service Diamond Bar enjoys including e-waste, household hazardous waste, sharps collection, etc. More importantly, Arcadia has made a policy decision not to have franchise fees. They do not have road maintenance charges associated with their agreements which for Diamond Bar are charged to offset heavy equipment on City streets which fund the City’s slurry seal projects that keep Diamond Bar streets looking very nice. Arcadia has also chosen not to collect street sweeping costs, a policy decision that was made because Arcadia has fundamentally different revenue sources from Diamond Bar. For example, Arcadia has a higher property tax share. Diamond Bar has the lowest property tax share in the County of Los Angeles which limits its revenue collection. Some other cities that may choose to subsidize these services have large-scale sales tax producing developments such as malls and in Arcadia’s case, a racetrack. It is important to keep these factors in mind when comparing rates. The City has two fees that are included in its franchises which are the 5 percent franchise fee and the 4.7 percent AB939 fee. Staff is not proposing changes in the levels of those rates. They will continue as they have been for the past 17 years or so. Staff anticipates a total of $510,000 being generated by franchise and AB939. Because of Diamond Bar’s limited availability of sales tax like a resort town generates with a high TOT and because the City does not have other revenue generating sources it is important that the City has the ability to do so in a situation such as this. The agreement also includes street sweeping funding which allows the City to meet all stormwater requirements. There is road maintenance funding of $125,000 which is put into the City’s street maintenance accounts to fund slurry seal and street improvements throughout the community to offset some of the damages caused by heavy equipment on the streets. There is a $75,000 one-time payment for contracting funds, a fee that will be collected to reimburse the City for consultant costs related to the negotiation process. Finally, there is an environmental education fund which goes to fund community ed ucation programs including the City’s Discovery Cube partnership of Orange County to provide additional environmental services and recycling education to school-aged kids in both districts. 6.2.b Packet Pg. 63 At t a c h m e n t 6 . 2 . b : R e g u l a r M e e t i n g o f F e b r u a r y 2 1 , 2 0 1 7 . ( 1 2 0 5 : M i n u t e s f o r A p p r o v a l ) FEBRUARY 21, 2017 PAGE 15 CITY COUNCIL The agreements have minimal diversion rates that remain at 4 5 percent for all material and 75 percent for construction/demolition materials, both of which meet state requirements. Staff and the consultant team have spent a lot of time developing these comprehensive program enhancements which include a senior discount for residents aged 60 who may be eligible for those reduced rates. Diamond Bar is a pioneer in that aspect. The City has over 3,000 residents who take advantage of the City’s senior program which is unique to the area. There is a disabled customer discount in which those that can provide proof of disability receive an additional 15 percent off of their monthly service. There is a yard waste reduction discount which provides backyard composting instruction which may result in the customer being eligible for waiver of the “mandatory yard waste bin.” Backyard assistance for disabled individuals wherein Waste Management drivers retrieve and replace carts for those who are unable to wheel the carts to the curbside. Program includes “on-call bulky item and e-Waste collection and disposal. Residents are eligible for four free bulky item pickups which is helpful in disposing of furniture, refrigerators, etc. There is also an “at your door hazardous waste” collection – two free annual pickups for residents which includes items such as paint, cleaning solution, household chemicals, batteries, etc. There is also a Sharps mail-back program for secure return, medication take-back program, a free mulch giveaway which is very popular and is tied to the bi-annual environmental events such as Arbor Day, Earth Day, joint events and the Eco -Expo. The program includes holiday tree collection and disposal and staff has partnered with Waste Management to increase the City’s outreach, educational and marketing materials with billing inserts, a comprehensive user-guide that provides information on all of these services and others that are available to residents. And, Waste Management provides free services to the City for various City events which provides another offset to the City’s General Fund. C/Tye asked ACM/McLean if when he spoke to comparing apples to apples, that the City has all of these services that other cities may not have and that residents would have to pay for those additional services were they not written into the contract. ACM/McLean said that in general, Diamond Bar has a very comprehensive program and some of these particular offerings may not be available to residents of other cities and yes, in most cases, they would likely pay an additional charge to receive those services. Certain accountability items are built into the agreements to make sure that contract compliance is met, that there is accountability to the City and the residents. It includes standardized reporting to ensure t he haulers are meeting their diversion and other contractual obligations. The City has the 6.2.b Packet Pg. 64 At t a c h m e n t 6 . 2 . b : R e g u l a r M e e t i n g o f F e b r u a r y 2 1 , 2 0 1 7 . ( 1 2 0 5 : M i n u t e s f o r A p p r o v a l ) FEBRUARY 21, 2017 PAGE 16 CITY COUNCIL ability to do performance audits and there are payments associated with those to offset the cost of doing those audits, and there are customer surveys available at the City’s request. In summary, staff and Waste Management believe the goals of the exclusive negotiation period have been met and to that end, staff has received a signature from Waste Management indicating their approval of this process. The agreed upon terms provide extremely robust services as the Council has always shown that it wants to set an example when it comes to environmental services and staff believes that the large amount of specialized services these agreements provide shows that. The agreement also ensures the City and residents that the community is meeting State Mandates with respect to environmental and diversion requirements. Staff recommends that the City Council approve the agreement with Waste Management for the amended and restated agreement. C/Herrera pointed out that the previous agreement was for eight (8) years and why is the City proposing only a five-year agreement this time around. ACM/McLean said that the total timeframe for the previous agreement included one-year extension opportunities which was actually a six-year agreement with two option years. C/Herrera said she did not understand why it was shortened from 8 to 7 years. ACM/McLean said that in discussing the matter with the City Attorney a nd amongst staff, it was felt that it was an appropriate time period and, at a future time, if the City wished to enter into another exclusive negotiation it could. Staff felt this was the appropriate time span for this agreement. In addition, staff anticipates there will likely be changes to State Mandates and Laws coming forward and staff felt it would be appropriate to address those at that time. C/Tye referred staff to Page 14, Item 2.4 Term of the Agreement which states that the term of this agreement shall be 13 years. ACM/McLean said that is because this is an amended and restated agreement which means that this extends the term of the original agreement by amendment. C/Lyons said she felt that Waste Management does a very good job for Diamond Bar and appreciates the bulky item and holiday tree pickups and the fact that they call and leave messages for residents when they are delayed due to the holiday. For residential, Waste Management does a 6.2.b Packet Pg. 65 At t a c h m e n t 6 . 2 . b : R e g u l a r M e e t i n g o f F e b r u a r y 2 1 , 2 0 1 7 . ( 1 2 0 5 : M i n u t e s f o r A p p r o v a l ) FEBRUARY 21, 2017 PAGE 17 CITY COUNCIL terrific job. MPT/Low asked if ACM/McLean had stated that because Diamond Bar has one of the lowest property tax rates for every hundred dollars a resident pays the City gets 40 cents on that hundred. ACM/McLean responded that the City gets 5.9 percent or 5.9 cents of every dollar received of the County’s share of property tax revenue. MPT/Low said that over the past eight years Diamond Bar has enjoyed the contract with Waste Management have there been any rate increases imposed to the initial contract. ACM/McLean said there have been rate increases in accordance with a standard formula included in the agreement based on the changing dynamics of business costs which includes fuel, labor, landfill rates, etc. MPT/Low asked if the increase was different from the published CPI. ACM/McLean said that the staff’s audit he referenced was based on performance which is separate from this. It is not the CPI. There are different factors and a formula that generates the amount the hauler would request for any type of increase which would be done annually. He reminded Council that for the first year of this agreement there is a rate freeze, so none would be accepted for review until year two. MPT/Low asked whether any other waste hauler would be obligated to reimburse for the consulting costs. ACM/McLean said yes, that this has been a feature of the agreements in the past two negotiation periods and when he speaks about Valley Vista she will hear that they have the same obligation as part of their agreed upon terms. C/Herrera moved, C/Tye seconded, to Approve Amended and Restated Agreement between City of Diamond Bar and USA Waste of California, Inc. (Waste Management) for Residential Cart Customer Solid Waste Management Services. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Herrera, Lyons, Tye, MPT/Low, M/Lin NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 6.2.b Packet Pg. 66 At t a c h m e n t 6 . 2 . b : R e g u l a r M e e t i n g o f F e b r u a r y 2 1 , 2 0 1 7 . ( 1 2 0 5 : M i n u t e s f o r A p p r o v a l ) FEBRUARY 21, 2017 PAGE 18 CITY COUNCIL 8.3 APPROVE AMENDED AND RESTATED AGREEMENT BETWEEN CITY OF DIAMOND BAR AND VALLEY VISTA SERVICES FOR BIN ROLL- OFF BOX CUSTOMER SOLID WASTE MANAGEMENT SERVICES. C/Lyons recused herself from Item 8.3 and left the Dais. ACM/McLean stated that much of the information he provided related to the process for the Waste Management Agreement applies to this reque st for approval of an amended and restated agreement between the City of Diamond Bar and Valley Vista Services. Valley Vista Services has served the City of Diamond Bar since 2000 and is currently working under an agreement that began in 2010. Valley Vista Services has continued to provide good customer service, maintain competitive rates and offer a variety of services to the public they serve. In addition, they have been very responsive to staff and worked well with staff members to make sure the City was providing good environmental services to the community. In March 2016 the City Council directed staff to proceed with exclusive negotiations with Valley Vista for commercial and multi-family services and during this process staff again used the services of HF&H, an expert consulting service to help get through the process with Valley Vista. This process began in August 2016 and staff, consultants and Valley Vista met over a series of months to negotiate and get to an agreed upon amended and restated franchise agreement. Similar to the previously discussed agreement, this supersedes the existing document and is essentially an amendment going forward with new terms. This amended and restated agreement would go into effect immediately upon Council’s approval, should it be granted. The City Attorney has reviewed and approved this agreement. Key provisions related to the Valley Vista agreement are that this is a five - year agreement with an expiration in 2023 and adds two option years at the City’s discretion. For regular service customers continue to be able to select the appropriate sized bins and all recyclables and refuse is sorted at the Valley Vista MRF which is the Material Recovery Facility. With respect to rates, apples to apples comparisons are difficult for the reasons previously outlined. However, like the previous discussion, these rates are frozen at the current rates through June 30, 2018 which is an estimated rate payer savings of approximately $48,278 and Valley Vista would be eligible for a rate increase request starting in July 2018, year two of the agreement. Any increase would be based on a formula that is included in the agreed upon terms that is based on business costs such as fuel, labor and landfill costs. Valley Vista has had and staff is recommending that it continue to have slightly different percentages for franchising, AB939 fees. In this case, franchise fees are at 5 percent and the AB939 are at 13 percent. AB939 6.2.b Packet Pg. 67 At t a c h m e n t 6 . 2 . b : R e g u l a r M e e t i n g o f F e b r u a r y 2 1 , 2 0 1 7 . ( 1 2 0 5 : M i n u t e s f o r A p p r o v a l ) FEBRUARY 21, 2017 PAGE 19 CITY COUNCIL are funds that are special revenue funds the City uses spe cifically for environmental services and recycling programs. One example is that the City partners with ACE Hardware to provide a place for residents to drop off and recycle light bulbs, batteries, fluorescent tubes and such which is a very well used and convenient benefit provided residents. The agreement includes minimum diversion of 25 percent for all solid waste and a minimum of 75 percent for all construction/demolition materials as mandated by the State. Program enhancements that are focused on the commercial and multi- family sector are substantially different than the residential. These comprehensive and proactive efforts include scout service for businesses and multi-family units, bulky item pickups, household hazardous waste pickups, and very comprehensive educational and marketing materials which include materials for an organics program which were very impressive and will be very helpful for businesses that are required to meet the new Organics State Mandates. They also provide service to City facilities and special events which is a very significant service to the public since Diamond Bar has several large-scale events including the City Birthday Celebration and the 4th of July which are provided to the City at no charge which is a General Fund offset the City would otherwise have to pay. The Organics Recycling Program is a result of the recently passed AB1826 which is a requirement that commercial businesses that generate specific amounts of food waste or restaurant waste have this material diverted from landfills. This is a new requirement and through this process staff worked with Valley Vista to secure a program that will serve the community, its businesses and restaurants that are impacted by this State Mandate at a very competitive price as an incentive to get them to participate. With respect to accountability, Valley Vista wants to ensure compliance and accountability to the City and its residents so there are standardized reporting requirements, performance audits and customer service surveys as terms in the agreement. Staff recommends that the City Council approve the amended and restated agreement with Valley Vista Services to provide commercial and multi-family waste hauling services. Both parties agreed that the goals of the negotiation have been met. M/Lin asked what the monthly average rate is for these services. ACM/McLean reported that the services vary but in general, a 3-yard bin commercial and multi-family standard monthly service rate is $132.98. Staff’s report includes comparisons in different agencies and staff would 6.2.b Packet Pg. 68 At t a c h m e n t 6 . 2 . b : R e g u l a r M e e t i n g o f F e b r u a r y 2 1 , 2 0 1 7 . ( 1 2 0 5 : M i n u t e s f o r A p p r o v a l ) FEBRUARY 21, 2017 PAGE 20 CITY COUNCIL caution that there are varying factors in each agreement that impact those rates. In Diamond Bar, the comparison for monthly standard service for a 64 gallon cart for residential and the rate is $27.18. The senior rate is a 15 percent reduction off of the standard rates. C/Tye commented that Valley Vista and Waste Management have been involved in this community for years and have done a terrific job. At one time there were 13 different provide rs in the City of Diamond Bar and again, many unfunded mandates have come to the forefront and those mandates are pushed off on somebody. So he thinks that Valley Vista and Waste Management have done a terrific job for the City and residents of Diamond Bar. Just about anything Council Members and the public attend and anything the City puts together, they are there and they are both supporting the City in any way that they can. He appreciates their efforts and their neighborly attitude and attention. MPT/Low said that Valley Vista and Waste Management have done an excellent job and she really appreciates their participation in the City. C/Tye moved, MPT/Low seconded, to Approve Amended and Restated Agreement between City of Diamond Bar and Valley Vista Services for Bin Roll-off Box Customer Solid Waste Management Services. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Herrera, Tye, MPT/Low, M/Lin ABSTAIN: COUNCIL MEMBERS Lyons NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None C/Lyons returned to the Dais. 9. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: C/Lyons reported that on February 9th she enjoyed celebrating Chinese New Year with the Diamond Bar Evergreen Club which was very well attended with lots of food and entertainment. Last week she represented the Council at the celebration for Chaparral Middle School. The school was one of only nine that earned the prestigious award “Middle Schools t o Watch.” Well done, Chaparral! She participated in a meeting with Southern California Gas where concerns were shared regarding the reduced amount of storage this year over past years. As a result, they have asked everyone to conserve natural gas so that everyone can make it through the winter which is unusually wet and cold. She thanked FD/Honeywell and her staff for all of their hard work on the mid -year budget amendment. It was a huge task and the recommendations were thorough and thoughtful and she appreciates their diligence. She is very excited about the acquisition of the YMCA property and feels a park in that part of the City would 6.2.b Packet Pg. 69 At t a c h m e n t 6 . 2 . b : R e g u l a r M e e t i n g o f F e b r u a r y 2 1 , 2 0 1 7 . ( 1 2 0 5 : M i n u t e s f o r A p p r o v a l ) FEBRUARY 21, 2017 PAGE 21 CITY COUNCIL be terrific. She recalls when the property was well used and she looks forward to that happening again. C/Herrera congratulated the Diamond Bar Pop Warner Cheer Team for placing 6th in the “National Cheer and Dance” Championship and becoming the 2017 Jamz National Champions. The kids work very hard and deserve all of the accolades they receive. She attended the San Gabriel Val ley Council of Governments Transportation meeting where a great deal of time was spent discussing ACE (Alameda Corridor East) concluding its grade separation work so that rail can run above traffic through intersections rather than impeding traffic flow. In a few years they will conclude their work after spending $1 billion of federal funds. San Gabriel Valley Council of Governments is the parent organization for ACE and the discussion was whether to disband ACE or repurpose and reutilize the organization for other projects throughout the San Gabriel Valley region. It was the recommendation of the Transportation Committee and the Governing Board of the Council of Governments and the vote was unanimous to keep ACE and to take the next six month s to come up with a plan on how to repurpose ACE so that it could potentially take over construction of different projects. Diamond Bar’s interest is the potential of ACE taking over and supervising the construction of the SR57/60 Confluence project which would undoubtedly expedite the project and likely come in for less money than if the project was supervised under Caltrans. The decision was very exciting for Diamond Bar. M/Lin said that ACE is providing construction supervision for the Lemon Avenue Interchange project. C/Tye said it seems that the City is saving money as the Council sits in session and thank you to C/Herrera for making everyone aware of that. Tonight this meeting will be adjourned in memory of Lynda Burgess and he asked that the meeting also be adjourned in memory of Whittier Police Officer Keith Boyer. Captain Reyes and Lt. Marquez have black bands across their badges to commemorate the loss of a fellow police officer who was murdered in the line of duty, simply for doing his job. C/Tye stated that he grew up in Whittier and the incident happened close to a Little League field where he used to play. This man was killed for responding to a car accident and was murdered by a cockroach of a human being and it quickly and forever changed the Boyer’s lives and the life of his fellow officer, Pat Hazel. This perpetrator was a gang member who killed his cousin so he could steal his cousin’s car and make his way to Whittier and kill Officer Boyer. Sheriff McDonald discussed AB47 and Prop 109 or 58, h e knows from people who spoke this evening, burglaries have increased and burglars are very bright in that if they do not steal more than $950 they will not be treated as they were in the past. Again, this individual was in and out of jail 10 times in the last year. Something is wrong. When one considers what has been approved through the initiative process or by the legislature, this officer was nearing retirement which is what one looks forward to – to have a successful career and be able to retire and spend time with his family. It is so very sad when one 6.2.b Packet Pg. 70 At t a c h m e n t 6 . 2 . b : R e g u l a r M e e t i n g o f F e b r u a r y 2 1 , 2 0 1 7 . ( 1 2 0 5 : M i n u t e s f o r A p p r o v a l ) FEBRUARY 21, 2017 PAGE 22 CITY COUNCIL realizes this can happen in the blink of an eye. MPT/Low said that C/Tye mentioned AB47 which has resulted in the early release of many prisoners. Her heart goes out to the two speakers and their neighbors who were burglarized in their homes in the Crystal Ridge development. Nearly every month individuals appear before the Council to talk about the trauma they have experienced, not so much to the loss of property, but to the emotional toll and the feeling that their privacy and safety have been violated. She understands their pain and is very thankful that Diamond Bar has an excellent and responsive Sheriff’s Department. She thanked Lt. Marquez and staff for meeting with the residents. This is not a problem that can be fixed very quickly but the effort to eliminate such events is ongoing. She thanked ACM/McLean for his work on the Waste Management and Valley Vista contracts whose report came in at a whopping 542 pages. Great job! It was great seeing the young women doing their cheer. If others grew up with parents who did not encourage sports she thinks that is a mistake and young people should be encouraged to participate in various sports because they make people happy and provide new perspectives on life. She gave a shout out to the Pony League and Girls Softball, basketball and baseball. Congratulations to the Breakfast Lions for their successful “Drumming for Kids” event as well as, the Miss Diamond Bar Scholarship Pageant which deserves everyone’s support. M/Lin attended many functions during the past two weeks, one of which that stood out to him was his attendance, along with C/Lyons, at the Diamond Bar Woman’s Club’s Annual Charity Casino Night which was a very fun event. C/Tye spoke about Officer Keith Boyer. M/Lin’s nephew recently graduated from the Police Academy and is working for the police department in Westminster and he understands how great a police officer is. This is the first police officer in his family as far back as he can trace his history. Lynda Burgess was the City’s first City Clerk and helped set up the documentation protocols, filing systems, etc. She worked for the City for 15 years and passed away last week. ADJOURNMENT: With no further business to conduct, M/Lin adjourned the Regular City Council Meeting at 8:45 p.m. in memory of Lynda Burgess and Whittier Police Department Officer Keith Boyer. _____________________________________ Tommye Cribbins, City Clerk 6.2.b Packet Pg. 71 At t a c h m e n t 6 . 2 . b : R e g u l a r M e e t i n g o f F e b r u a r y 2 1 , 2 0 1 7 . ( 1 2 0 5 : M i n u t e s f o r A p p r o v a l ) FEBRUARY 21, 2017 PAGE 23 CITY COUNCIL The foregoing minutes are hereby approved this day of , 2017. Jimmy Lin, Mayor 6.2.b Packet Pg. 72 At t a c h m e n t 6 . 2 . b : R e g u l a r M e e t i n g o f F e b r u a r y 2 1 , 2 0 1 7 . ( 1 2 0 5 : M i n u t e s f o r A p p r o v a l ) Agenda #: 6.3 Meeting Date: March 7, 2017 TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City Manager TITLE: TRAFFIC AND TRANSPORTATION COMMISSION MINUTES OF JANUARY 12, 2017. RECOMMENDATION: Receive and file. Attachments: 1. 6.3.a Minutes of January 12, 2017. 6.3 Packet Pg. 73 6.3.a Packet Pg. 74 At t a c h m e n t 6 . 3 . a : M i n u t e s o f J a n u a r y 1 2 , 2 0 1 7 . ( 1 1 7 9 : M i n u t e s f o r A p p r o v a l ) 6.3.a Packet Pg. 75 At t a c h m e n t 6 . 3 . a : M i n u t e s o f J a n u a r y 1 2 , 2 0 1 7 . ( 1 1 7 9 : M i n u t e s f o r A p p r o v a l ) 6.3.a Packet Pg. 76 At t a c h m e n t 6 . 3 . a : M i n u t e s o f J a n u a r y 1 2 , 2 0 1 7 . ( 1 1 7 9 : M i n u t e s f o r A p p r o v a l ) 6.3.a Packet Pg. 77 At t a c h m e n t 6 . 3 . a : M i n u t e s o f J a n u a r y 1 2 , 2 0 1 7 . ( 1 1 7 9 : M i n u t e s f o r A p p r o v a l ) 6.3.a Packet Pg. 78 At t a c h m e n t 6 . 3 . a : M i n u t e s o f J a n u a r y 1 2 , 2 0 1 7 . ( 1 1 7 9 : M i n u t e s f o r A p p r o v a l ) 6.3.a Packet Pg. 79 At t a c h m e n t 6 . 3 . a : M i n u t e s o f J a n u a r y 1 2 , 2 0 1 7 . ( 1 1 7 9 : M i n u t e s f o r A p p r o v a l ) 6.3.a Packet Pg. 80 At t a c h m e n t 6 . 3 . a : M i n u t e s o f J a n u a r y 1 2 , 2 0 1 7 . ( 1 1 7 9 : M i n u t e s f o r A p p r o v a l ) 6.3.a Packet Pg. 81 At t a c h m e n t 6 . 3 . a : M i n u t e s o f J a n u a r y 1 2 , 2 0 1 7 . ( 1 1 7 9 : M i n u t e s f o r A p p r o v a l ) Agenda #: 6.4 Meeting Date: March 7, 2017 TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City Manager TITLE: RATIFICATION OF CHECK REGISTER DATED FEBRUARY 16, 2017 THROUGH MARCH 1, 2017 TOTALING $ 1,357,898.37. RECOMMENDATION: Ratify. FINANCIAL IMPACT: Expenditure of $ 1,357,898.37 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 February 16, 2017 through March 1, 2017 for $ 1,357,898.37 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: 6.4 Packet Pg. 82 REVIEWED BY: Attachments: 1. 6.4.a Check Register Affidavit 3-7-17 2. 6.4.b Check Register 3-7-17 6.4 Packet Pg. 83 6.4.a Packet Pg. 84 At t a c h m e n t 6 . 4 . a : C h e c k R e g i s t e r A f f i d a v i t 3 - 7 - 1 7 ( 1 2 0 3 : R a t i f i c a t i o n o f C h e c k R e g i s t e r ) 6.4.b Packet Pg. 85 At t a c h m e n t 6 . 4 . b : C h e c k R e g i s t e r 3 - 7 - 1 7 ( 1 2 0 3 : R a t i f i c a t i o n o f C h e c k R e g i s t e r ) 6.4.b Packet Pg. 86 At t a c h m e n t 6 . 4 . b : C h e c k R e g i s t e r 3 - 7 - 1 7 ( 1 2 0 3 : R a t i f i c a t i o n o f C h e c k R e g i s t e r ) 6.4.b Packet Pg. 87 At t a c h m e n t 6 . 4 . b : C h e c k R e g i s t e r 3 - 7 - 1 7 ( 1 2 0 3 : R a t i f i c a t i o n o f C h e c k R e g i s t e r ) 6.4.b Packet Pg. 88 At t a c h m e n t 6 . 4 . b : C h e c k R e g i s t e r 3 - 7 - 1 7 ( 1 2 0 3 : R a t i f i c a t i o n o f C h e c k R e g i s t e r ) 6.4.b Packet Pg. 89 At t a c h m e n t 6 . 4 . b : C h e c k R e g i s t e r 3 - 7 - 1 7 ( 1 2 0 3 : R a t i f i c a t i o n o f C h e c k R e g i s t e r ) 6.4.b Packet Pg. 90 At t a c h m e n t 6 . 4 . b : C h e c k R e g i s t e r 3 - 7 - 1 7 ( 1 2 0 3 : R a t i f i c a t i o n o f C h e c k R e g i s t e r ) 6.4.b Packet Pg. 91 At t a c h m e n t 6 . 4 . b : C h e c k R e g i s t e r 3 - 7 - 1 7 ( 1 2 0 3 : R a t i f i c a t i o n o f C h e c k R e g i s t e r ) 6.4.b Packet Pg. 92 At t a c h m e n t 6 . 4 . b : C h e c k R e g i s t e r 3 - 7 - 1 7 ( 1 2 0 3 : R a t i f i c a t i o n o f C h e c k R e g i s t e r ) 6.4.b Packet Pg. 93 At t a c h m e n t 6 . 4 . b : C h e c k R e g i s t e r 3 - 7 - 1 7 ( 1 2 0 3 : R a t i f i c a t i o n o f C h e c k R e g i s t e r ) 6.4.b Packet Pg. 94 At t a c h m e n t 6 . 4 . b : C h e c k R e g i s t e r 3 - 7 - 1 7 ( 1 2 0 3 : R a t i f i c a t i o n o f C h e c k R e g i s t e r ) 6.4.b Packet Pg. 95 At t a c h m e n t 6 . 4 . b : C h e c k R e g i s t e r 3 - 7 - 1 7 ( 1 2 0 3 : R a t i f i c a t i o n o f C h e c k R e g i s t e r ) 6.4.b Packet Pg. 96 At t a c h m e n t 6 . 4 . b : C h e c k R e g i s t e r 3 - 7 - 1 7 ( 1 2 0 3 : R a t i f i c a t i o n o f C h e c k R e g i s t e r ) Agenda #: 6.5 Meeting Date: March 7, 2017 TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City Manager TITLE: APPROVAL OF TREASURER'S STATEMENT FOR JANUARY, 2017. RECOMMENDATION: Approve. FINANCIAL IMPACT: No Fiscal Impact BACKGROUND: Per City policy, the Finance Department presents the monthly Treasurer’s Statement for the City Council’s review and approval. This statement shows the cash balances with a breakdown of various investment accounts and the yield to maturity from investments. This statement also includes an investment portfolio management report which details the activities of investments. All investments have been made in accordance with the City’s Investment Policy. PREPARED BY: REVIEWED BY: Attachments: 6.5 Packet Pg. 97 1. 6.5.a Jan'16 Treasurer's Report 2. 6.5.b Jan'16 Investment Portfolio Summary 6.5 Packet Pg. 98 6.5.a Packet Pg. 99 At t a c h m e n t 6 . 5 . a : J a n ' 1 6 T r e a s u r e r ' s R e p o r t ( 1 1 9 3 : T r e a s u r e r ' s S t a t e m e n t ) 6.5.a Packet Pg. 100 At t a c h m e n t 6 . 5 . a : J a n ' 1 6 T r e a s u r e r ' s R e p o r t ( 1 1 9 3 : T r e a s u r e r ' s S t a t e m e n t ) 6.5.b Packet Pg. 101 At t a c h m e n t 6 . 5 . b : J a n ' 1 6 I n v e s t m e n t P o r t f o l i o S u m m a r y ( 1 1 9 3 : T r e a s u r e r ' s S t a t e m e n t ) 6.5.b Packet Pg. 102 At t a c h m e n t 6 . 5 . b : J a n ' 1 6 I n v e s t m e n t P o r t f o l i o S u m m a r y ( 1 1 9 3 : T r e a s u r e r ' s S t a t e m e n t ) 6.5.b Packet Pg. 103 At t a c h m e n t 6 . 5 . b : J a n ' 1 6 I n v e s t m e n t P o r t f o l i o S u m m a r y ( 1 1 9 3 : T r e a s u r e r ' s S t a t e m e n t ) 6.5.b Packet Pg. 104 At t a c h m e n t 6 . 5 . b : J a n ' 1 6 I n v e s t m e n t P o r t f o l i o S u m m a r y ( 1 1 9 3 : T r e a s u r e r ' s S t a t e m e n t ) Agenda #: 6.6 Meeting Date: March 7, 2017 TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City Manager TITLE: AWARD OF CONTRACT TO OPENGOV, INC., IN THE AMOUNT OF $32,450 ANNUALLY FOR FINANCI AL AND NON-FINANCIAL MANAGEMENT SOFTWARE SERVICES. RECOMMENDATION: Award. FINANCIAL IMPACT: Sufficient funds have been included in the current year’s Information Systems Budget to cover FY 17/18 identified expenditures. Subsequent year expenditures will be appropriated in each fiscal year budget. BACKGROUND: Accurate and timely preparation of the Annual Budget is critical to successful City operations. Currently, the budget preparation process is cumbersome and time consuming for all City departments. This largely manual process consists of departments submitting their budgetary proposals to the Finance Department by way of Excel spreadsheets and email communications. This process alone increases the room for error due to financial data being submitted back and forth. Although this process has allowed for successful budget p reparation in years past, it is not the most effective or efficient way to prepare a budget. In recent years, new platforms have entered the market that are specifically focused on the budgeting needs of local governments. DISCUSSION: In December of 2015 the City entered into a one-year agreement with OpenGov, Inc. (OpenGov), a leader in cloud-based financial transparency and performance intelligence solutions. As a result, the City currently has access to OpenGov’s Intelligence & Transparency platform which allows the ability to easily create and share financial data within the organization. OpenGov has since expanded their capabilities by offering additional financial platforms which include: Budget Builder, Personnel Forecasting, and Budget Book powered by WDesk. 6.6 Packet Pg. 105 Building upon the City’s existing Intelligence & Transparency platform , OpenGov’s end- to-end solution offers the following:  Budget Builder – revolutionizes the budget preparation process by automating, streamlining, and centralizing departmental proposals  Personnel Forecasting – accurately forecasts personnel costs based upon compensation, benefits and retirement, and employee enrollments  Budget Book powered by WDesk – integrates with OpenGov to prepare the final budget document for publication After participating in demonstrations for each platform, staff has determined that OpenGov best meets the City’s current and future needs in the areas of operating budget preparation, capital improvement program planning and financial forecasting. The expanded OpenGov platform will allow staff to directly interact with Finance by entering and modifying their data in one centralized location, rather than sending Excel spreadsheets back and forth. The platform will be linked directly to the City’s financial management system, Sungard Pentamation, providing timely and accurate access to critical financial data. Most importantly, this streamlined process minimizes the potential for human error. In discussing fees with OpenGov, they have agreed to offer the City their 2016 pricing and waive all implementation fees. As such, entering into a five-year agreement benefits the City by locking-in annual fees for the entire term of the agreement. The annual fees associated with each platform are illustrated in the table below: OPENGOV PRODUCT ANNUAL FEE Intelligence and Transparency $5,950 Budget Builder $13,000 Personnel Forecasting $2,000 Budget Book powered by WDesk $10,000 Integrations $1,500 TOTAL $32,450 The total amount of the five-year contract is $174,058.30. LEGAL REVIEW: The City Attorney has reviewed and approved the agreement as to form. PREPARED BY: 6.6 Packet Pg. 106 REVIEWED BY: REVIEWED BY: Attachments: 1. 6.6.a Saas Terms and Conditions 2. 6.6.b OpenGov, Inc. Addendum to Software Agreement 3. 6.6.c OpenGov Platform Overview 6.6 Packet Pg. 107 6.6.a Packet Pg. 108 At t a c h m e n t 6 . 6 . a : S a a s T e r m s a n d C o n d i t i o n s ( 1 2 0 0 : R e q u e s t f o r A p p r o v a l o f O p e n G o v C o n t r a c t ) 6.6.a Packet Pg. 109 At t a c h m e n t 6 . 6 . a : S a a s T e r m s a n d C o n d i t i o n s ( 1 2 0 0 : R e q u e s t f o r A p p r o v a l o f O p e n G o v C o n t r a c t ) 6.6.a Packet Pg. 110 At t a c h m e n t 6 . 6 . a : S a a s T e r m s a n d C o n d i t i o n s ( 1 2 0 0 : R e q u e s t f o r A p p r o v a l o f O p e n G o v C o n t r a c t ) 6.6.a Packet Pg. 111 At t a c h m e n t 6 . 6 . a : S a a s T e r m s a n d C o n d i t i o n s ( 1 2 0 0 : R e q u e s t f o r A p p r o v a l o f O p e n G o v C o n t r a c t ) 6.6.a Packet Pg. 112 At t a c h m e n t 6 . 6 . a : S a a s T e r m s a n d C o n d i t i o n s ( 1 2 0 0 : R e q u e s t f o r A p p r o v a l o f O p e n G o v C o n t r a c t ) 6.6.b Packet Pg. 113 At t a c h m e n t 6 . 6 . b : O p e n G o v , I n c . A d d e n d u m t o S o f t w a r e A g r e e m e n t ( 1 2 0 0 : R e q u e s t f o r A p p r o v a l o f O p e n G o v C o n t r a c t ) 6.6.b Packet Pg. 114 At t a c h m e n t 6 . 6 . b : O p e n G o v , I n c . A d d e n d u m t o S o f t w a r e A g r e e m e n t ( 1 2 0 0 : R e q u e s t f o r A p p r o v a l o f O p e n G o v C o n t r a c t ) 6.6.b Packet Pg. 115 At t a c h m e n t 6 . 6 . b : O p e n G o v , I n c . A d d e n d u m t o S o f t w a r e A g r e e m e n t ( 1 2 0 0 : R e q u e s t f o r A p p r o v a l o f O p e n G o v C o n t r a c t ) 6.6.b Packet Pg. 116 At t a c h m e n t 6 . 6 . b : O p e n G o v , I n c . A d d e n d u m t o S o f t w a r e A g r e e m e n t ( 1 2 0 0 : R e q u e s t f o r A p p r o v a l o f O p e n G o v C o n t r a c t ) 6.6.b Packet Pg. 117 At t a c h m e n t 6 . 6 . b : O p e n G o v , I n c . A d d e n d u m t o S o f t w a r e A g r e e m e n t ( 1 2 0 0 : R e q u e s t f o r A p p r o v a l o f O p e n G o v C o n t r a c t ) 6.6.b Packet Pg. 118 At t a c h m e n t 6 . 6 . b : O p e n G o v , I n c . A d d e n d u m t o S o f t w a r e A g r e e m e n t ( 1 2 0 0 : R e q u e s t f o r A p p r o v a l o f O p e n G o v C o n t r a c t ) 6.6.b Packet Pg. 119 At t a c h m e n t 6 . 6 . b : O p e n G o v , I n c . A d d e n d u m t o S o f t w a r e A g r e e m e n t ( 1 2 0 0 : R e q u e s t f o r A p p r o v a l o f O p e n G o v C o n t r a c t ) 3/2/2017 1 The world’s first integrated cloud platform for budgeting, reporting, and transparency. Smart Government Platform™ About OpenGov is the leader in government performance solutions: easy‐to‐use cloud software for  •Better budgeting – Including end to end solution with Budget Book  •Improved reporting and operational intelligence  •Comprehensive transparency  OpenGov solutions give governments the right tools and relevant data for more informed  decision‐making and better outcomes for the public 6.6.c Packet Pg. 120 At t a c h m e n t 6 . 6 . c : O p e n G o v P l a t f o r m O v e r v i e w ( 1 2 0 0 : R e q u e s t f o r A p p r o v a l o f O p e n G o v C o n t r a c t ) 3/2/2017 2 OpenGov Network™ Smart Cities, Counties, States, School Districts, Special Districts, and Agencies 47 STATES 1400+ GOVERNMENTS $1 Trillion+ ANALYZED 45% of all Cities in California  Reporting and Transparency 6.6.c Packet Pg. 121 At t a c h m e n t 6 . 6 . c : O p e n G o v P l a t f o r m O v e r v i e w ( 1 2 0 0 : R e q u e s t f o r A p p r o v a l o f O p e n G o v C o n t r a c t ) 3/2/2017 3 6.6.c Packet Pg. 122 At t a c h m e n t 6 . 6 . c : O p e n G o v P l a t f o r m O v e r v i e w ( 1 2 0 0 : R e q u e s t f o r A p p r o v a l o f O p e n G o v C o n t r a c t ) 3/2/2017 4 Pension Funds Balance Sheet Long-Term Financial Plan Assessed Property Valuations Sales Tax by Industry Auditors: Annual, Balance Sheet & Transactions Vehicle Inventory Personnel Budget OPEB Fiscal Health Indicators Employee Compensation History OpenGov Reporting: The critical information you need to run your government Budget Builder 6.6.c Packet Pg. 123 At t a c h m e n t 6 . 6 . c : O p e n G o v P l a t f o r m O v e r v i e w ( 1 2 0 0 : R e q u e s t f o r A p p r o v a l o f O p e n G o v C o n t r a c t ) 3/2/2017 5 6.6.c Packet Pg. 124 At t a c h m e n t 6 . 6 . c : O p e n G o v P l a t f o r m O v e r v i e w ( 1 2 0 0 : R e q u e s t f o r A p p r o v a l o f O p e n G o v C o n t r a c t ) Agenda #: 7.1 Meeting Date: March 7, 2017 TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City Manager TITLE: ADOPT ORDINANCE NO. 0X(2017): AN ORDINANCE OF THE CITY OF DIAMOND BAR MOVING CITY COUNCIL ELECTIONS TO A STATEWIDE GENERAL ELECTION DATE AS REQUIRED BY STATE LAW. RECOMMENDATION: Receive Staff's Presentation, Open the Public Hearing, Receive Testimony, Close the Public Hearing, Discuss and Adopt. BACKGROUND Since incorporation in 1989, City Council elections have been held in November of odd numbered years. Statewide Primary and General Elections are held in June and November of even numbered years. There has been significant discussion statewide about increasing voter turnout by requiring those counties, cities and special districts which hold elections in odd number years to move them to one of these two statewide general election dates. As a result of these discussions, the California Legislature passed the California Voter Participation Rights Act, California Elections Code Sections 14050 -14057 ("SB 415"), which was signed into law on September 1, 2015. SB 415 prohibits a general law city such as the City of Diamond Bar from holding an election other than on a statewide general election date if holding an election on a non -concurrent date has previously resulted in a "significant decrease in voter turnout", which is defined as at least 25% less than the average voter turnout within the City's jurisdiction for the previous four statewide general elections. ANALYSIS SB 415 will in effect move all co unty, city, and special district elections to even- numbered years if the respective agency has a more than 25% drop in voter participation relative to the statewide general election. Staff reviewed voter data comparing City registered voter participation for City Council elections with City registered voter participation at the last four statewide elections. In summary, on average approximately 16.64% of City registered voters have voted in odd number years from 2009 to 2015 at City Council elections. City registered voter participation 7.1 Packet Pg. 125 rates for the last four statewide election dates averaged 37.87% from 2010 to 2016, a difference of 56.06% (37.87% - 16.64%) ÷ 37.87% = 56.06%. Because the voting differential is 56% and greater than the 25% threshold, the Ci ty is required to move its elections to a statewide general election date. SB 415 permits the City to continue to have elections in odd numbered years as long as the City has adopted a plan to hold future elections on statewide general election dates by January 1, 2018, and that plan does in fact move future elections to a statewide general election date by November 8, 2022. Pursuant to Elections Code 10403.5 any City ordinance moving its City Council election to be held on a statewide general election date, must be approved by the Los Angeles County Board of Supervisors. In adopting such an ordinance the City cannot increase any term of a Council Member’s office by more than 12 months. DISCUSSION The City Council was presented various options over the co urse of three study sessions all of which would result in increasing existing or prospective City Council terms. The options under consideration included the following: Option 1: Adopt a plan that keeps the upcoming November 2017 Council election unchanged at four (4) year terms, but modifies the 2019 and 2021 elections to June or November of 2024 or 2026 respectively. Option 2: Adopt a plan that modifies the 2017 and 2019 elections to June or November of 2022 and 2024 respectively. Option 3: Adopt a plan that extends existing City Council terms by six or twelve months for the 2017 and 2019 elections, thereby moving the election date to June or November of 2018 and 2020 respectively. In an effort to meet the spirit of SB 415 and to provide the Dia mond Bar community with the greatest voter turnout, the City Council chose Option 3 and directed staff to prepare an Ordinance for consideration that would extend current City Council terms by twelve months, resulting in order to move the 2017 and 2019 ele ctions to November 2018 and November 2020 as required by SB 415. All City Council terms thereafter would remain at four (4) year terms and be held in November of even numbered years. Pursuant to Government Code §36937(a) this Ordinance shall take effect immediately upon adoption by the City Council as it relates to an election, and the Ordinance shall be submitted to the Board of Supervisors for approval. Once the Ordinance is approved by the Board of Supervisors it will become operative. Once that occurs, as required by State law the City Clerk shall mail a notice regarding the change in election dates to all registered voters in the City of Diamond Bar. PREPARED BY: 7.1 Packet Pg. 126 REVIEWED BY: Attachments: 1. 7.1.a Elections Ordinance 3-7-17 2. 7.1.b Elections Attachment 2 7.1 Packet Pg. 127 1 1196503.1 ORDINANCE NO. XXXX AN ORDI N ANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR MOVING CITY COUNCIL ELECTIONS TO A STATEWIDE GENERAL ELECTION DATE AS REQUIRED BY STATE LAW . WHEREAS , Senate Bill 415, Electio ns Code §§14050 et seq., the "California Voter Part icipation Rights Act" (hereafter, the "Voter Rights Act") requires a city to move its city council elections to a statewide general election date if: (1) city council elections are held on a date other tha n a statewide election date; and (2) if the result of holding city council elections on a date other than a statewide election results in a "significant decrease in voter turnout"; and WHEREAS , a "significant decrease in voter turnout" under the Voter Rights Act occurs if the voter turnout for city council elections is at least 25% less than the average voter turnout within the city for the previous four statewide general elections; and WHEREAS , statewide general election dates are defined in Elections Code §§ 1000 and 1001 as either : (1) the first Tuesday after the first Monday in June of each even -numbered year; or (2) the first Tuesday after the first Monday in November of each even -number year; and WHEREAS, the City of Diamond Bar ("City") is required by the Voter Rights Act to move its city council elections to a statewide general election date because: (1) elections for the City Council of the City of Diamond Bar ("City Council") are currently held in November of odd-numbered years; and (2) the voter turnout for City Council elections has been at least 25% less than the average voter turnout in the City for the previous four statewide general elections; and WHEREAS, the City Council has determined to hold its elections on the statewide general election date that occurs on the first Tuesday after the fi rst Monday in November of even-numbered years; and WHEREAS, in order to move City Council elections to the November statewide general election date and comply with the mandates of the Voter Rights Act, the City Council is required to modify the terms of the City Council for the next two election cycles; and WHEREAS, Elections Code §10403.5 provides that when the City Council adopts an ordinance to move its election to statewide general election dates that it shall not increase or decrease the term of office of a City Council member by more than 12 months. 7.1.a Packet Pg. 128 At t a c h m e n t 7 . 1 . a : E l e c t i o n s O r d i n a n c e 3 - 7 - 1 7 ( 1 1 7 6 : S T A T E W I D E G E N E R A L E L E C T I O N D A T E O R D I N A N C E ) 2 1196503.1 NOW THEREFORE, the City Council of the City of Diamond Bar does hereby ordain as follows: SECTION I Elections for members of the City Council of the City of Diamond Bar ("City Council") shall, beginning in November of 2018, be held on the November statewide general election date, which is the first Tuesday after the first Monday in November of even-numbered years. To move City Council elections to the November statewide general election date the City Council election currently scheduled for November 2017 shall be held on the statewide general election date in November of 2018. The City Council election currently scheduled for November 2019 shall be held on the statewide general election date in November of 2020. SECTION II Members of the City Council whose term of office would otherwise expire upon the declaration of election results and installation of newly elected City Council members in December of 2017, shall continue in their offices for an additional 12 months to December of 2018. Members of the City Council whose term of office would otherwise expire upon declaration of election results and installation of newly elected City Council members in December of 2019, shall continue in their offices f or an additional 12 months to December of 2020. SECTION III A certified copy of this Ordinance shall be transmitted to the Registrar of Voters and the Board of Supervisors for the County of Los Angeles for a report and approval thereof in accordance with Elections Code § 10403.5. SECTION IV Within 30 days after the Board of Supervisors has approved this Ordinance and made it operative, the City Clerk shall cause a notice to be mailed to all registered voters in the City informing the voters of the change in the election date and that as a result of the change in election date, the terms of office of the currently seated City Council will be increased, for the existing term only, to five years. SECTION V: If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, a nd each section, subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clause or phrase had been declared invalid or unconstitutional. 7.1.a Packet Pg. 129 At t a c h m e n t 7 . 1 . a : E l e c t i o n s O r d i n a n c e 3 - 7 - 1 7 ( 1 1 7 6 : S T A T E W I D E G E N E R A L E L E C T I O N D A T E O R D I N A N C E ) 3 1196503.1 SECTION VI: Pursuant to Government Code §36937(a) this Ordinance shall take effect immediately upon adoption by the City Council as it relates to an election and shall become operative upon approval by the Board of Supervisors. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause a certified copy of this Ordinance to be posted within fifteen (15) days after this Ordinance becomes effective, in the Office of the City Clerk and two additional public places, together with the vote for and against the same. ADOPTED this ___ day of ________, 2017. Jimmy Lin, Mayor ATTEST: APPROVED AS TO FORM: Tommye Cribbins, City Clerk David DeBerry, City Attorney I, Tommye Cribbins, City Clerk of the City of Diamond Bar, California, do hereby certify that the foregoing Ordinance was introduced at the regular meeting of the City Council held on the __ day of ________, 2017, and was duly passed and adopted the same day, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Tommye Cribbins, City Clerk 7.1.a Packet Pg. 130 At t a c h m e n t 7 . 1 . a : E l e c t i o n s O r d i n a n c e 3 - 7 - 1 7 ( 1 1 7 6 : S T A T E W I D E G E N E R A L E L E C T I O N D A T E O R D I N A N C E ) 1205672.1 INTEROFFICE MEMORANDUM ______________________________________________________________________ TO: City Council FROM: James DeStefano, City Manager VIA: Anthony Santos, Assistant to the City Manager SUBJECT: Statewide Election Legislative Update – SB 415 DATE: January 31, 2017 ______________________________________________________________________ BACKGROUND This is a continuation item from the January 17, 2017 City Council Study Session. As a result of SB 415 election requirements, staff intends to present additional information for Council consideration regarding potential changes to upcoming Council elections and terms of office. SB 415 requires cities develop a plan to move their elections to a statewide election date by January 1, 2018, and to hold their elections on a statewide election date by November 8, 2022. ANALYSIS SB 415 will in effect move all county, city, and special district elections to even numbered years if the respective agency has a more than 25% drop in voter participation relative to the statewide general election. Staff reviewed voter data comparing City registered voter participation for City Council elections with City registered voter participation at the last four statewide elections. Attachment A contains the voter data comparison. In summary, on average approximately 16.64% of City registered voters have voted in odd number years from 2009 to 2015 at City Council elections. City registered voter participation rates for the last four statewide election dates averaged 37.87% from 2010 to 2016, a difference of 56.06% (37.87% - 16.64%) ÷ 37.87% = 56.06%. Because the voting differential is 56% and greater than the 25% mandate, the City will be required to move its elections to a statewide election date. OPTIONS The following options are presented for Council consideration: Option 1: Adopt a plan that keeps the upcoming November 2017 Council election unchanged at four (4) year terms, but modifies the 2019 and 2021 elections respectively as follows: x 2019 election will institute either a 4 ½ year term for a June 2024 election, or institute a 5 year term for a November 2024 election. x 2021 election will institute either a 4 ½ year term for a June 2026 election, or institute a 5 year term for a November 2026 election. Packet Pg. 5 Co m m u n i c a t i o n : S t a t e w i d e E l e c t i o n U p d a t e – S B 4 1 5 - D i s c u s s i o n a n d A c t i o n ( S T U D Y S E S S I O N : ) 7.1.b Packet Pg. 131 At t a c h m e n t 7 . 1 . b : E l e c t i o n s A t t a c h m e n t 2 ( 1 1 7 6 : S T A T E W I D E G E N E R A L E L E C T I O N D A T E O R D I N A N C E ) 1205672.1 Option 2: Adopt a plan that modifies the 2017 and 2019 Council elections respectively as follows: x 2017 election will institute either a 4 ½ year term for a June 2022 election, or institute a 5 year term for a November 2024 election. x 2019 election will institute either a 4 ½ year term for a June 2024 election, or institute a 5 year term for a November 2024 election. Option 3: Adopt a plan that extends existing terms by six or twelve months for the 2017 and 2019 elections (moving the election date to June/November of the following even numbered year), or the November 2019 and 2021 elections (moving the election date to the June/November of the following even numbered year). All options would be compliant with SB 415 by commencing even year elections by the November 8, 2022 deadline. CONSIDERATIONS: Timing – Any plan that the Council adopts is required under SB 415 to go before the respective County Board of Supervisors for certification. Los Angeles County Registrar Recorders has been advising cities to anticipate a four to six month turnaround time between when an ordinance is presented to Council for consideration, when the Board certifies the plan, and the City issues a written notice to all registered voters in Diamond Bar. Therefore, if the City were to consider a November 2017 election starting date, or extending the 2017 Council terms, timing would be very tight in order to meet the June 2017 candidate filing period. Financial – City costs to consolidate with Los Angeles County are directly related to the number of agencies that hold elections together. Because more agencies are moving to November, it is anticipated that November elections will be less costly than June elections. The total estimated costs are unknown at this time, but on average have been $150,000 per election. Registrar Recorder – Cities have been encouraged by the LA County Registrar Recorders office to keep elections in November. To date, only the Pasadena Area Community College District has provided a plan to consolidate in June of even years, with agencies opting for the November cycle as intended under SB 415. It is unknown at this time what ramifications, if any, will be placed on the City for selecting a June election date. However, County has stated that June ballots tend to be longer in size than November ballots because there are more candidates vying for open seats, whereas November ballots typically only have runoffs. RECOMMENDATION: Staff requests the Council review the options contained in this memorandum for discussion and direction, with the ultimate goal of bringing back an ordinance and plan to Council for consideration and adoption prior to the January 1, 2018 SB 415 deadline. Packet Pg. 6 Co m m u n i c a t i o n : S t a t e w i d e E l e c t i o n U p d a t e – S B 4 1 5 - D i s c u s s i o n a n d A c t i o n ( S T U D Y S E S S I O N : ) 7.1.b Packet Pg. 132 At t a c h m e n t 7 . 1 . b : E l e c t i o n s A t t a c h m e n t 2 ( 1 1 7 6 : S T A T E W I D E G E N E R A L E L E C T I O N D A T E O R D I N A N C E ) 3/7/2017 3/7/2017 3/7/2017 Nov -16 Nov -14 Nov -12 Nov 10 General v City' 29,310 31,552 30,897 30,307 30,517 14,575 =..9,634 20,783 15;783 15,194 49.73% 30.53% 67.27% 52.08% 49.79% 66.58% Jun -16 Jun -14 Jun -12 Jun -10 Primary v. City '.28,132 .31,476 30,133 30,869 30,153 11,003 5,711 7,083 7,325 7,781 39.11% 18.14% 23.51% 23.73% 25.80% 35.52% Jun 16 'Jun 14 Jun -12 Jun -10 State v :City -'- 28,721 31,514 .30,515 30,588 30,335 " 12,789 (7,673 13,933 11,554 11,487 44.53% 24.35% 45.66% 37.77% 37.87% 56.06% Nov 15 Nov -13 Nov -11 Nov -09 '- 30,924 31,989 29,842 29,877 `. 30,658 4,464 5,174 .4,936 5,830 5,101 1444% 4617% 16,54% 19.51%1 16.64% 3/7/2017 91 3/7/2017 3/7/2017 0 3/7/2017 7 3/7/2017 TO: FROM: ADDRESS: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL CITY CLERK L� ` �S VLt � /� v '� J DATE: �" ORGANIZATION: AGENDA#/SUBJECT: V1 M I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above., This document is a public record subject to disclosure under the Public Records Act. TO: CITY lCLERK FROM: �!'kk Ro DATE: ADDRESS: PHONE: Al 0097.1 iq 1/./_l9[11111]\i AGENDA#/SUBJECT: L: (Optional) I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. J.._.._... `J Signature This document is a public record subject to disclosure under the Public Records Act. TO: CITY CLERK I 'rFROM: i hDATE: ( / PHONE: _ ORGANIZATION: AGENDA#/SUBJECT: S. W/ L VJJ'Jc/r )r r t t( k I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. X ._ s �igi.a�ure This document is a public record subject to disclosure under the Public Records Act.