HomeMy WebLinkAbout10/17/1989Next Resolution No. 98
Next Ordinance No. 27
OCTOBER 17, 1989
DIAMOND BAR CITY COUNCIL
6:00 P.M.
W.V.U.S.D. BOARD ROOM
THANK YOU FOR NOT SMOKING, DRINKING OR EATING
IN THE COUNCIL CHAMBER
CLOSED SESSION
5:15 p.m. - Personnel
Government Code Section 54957.6
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REGULAR SESSION
CALL TO ORDER: 6:00 P.M.
PLEDGE OF ALLEGIANCE: Mayor Papen
ROLL CALL: COUNCILMEN FORBING, MILLER, WERNER, MAYOR PRO
TEM HORCHER, MAYOR PAPEN
COUNCIL COMMENTS: Items placed on the agenda by individual
Councilmembers for Council discussion. Action may be taken at this meeting
or scheduled for a future meeting. No public input is required.
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 items of interest to the public that are
not already scheduled for consideration on this agenda. Please complete a
speaker's card (green in support of an issue, yellow in opposition to an
issue) and give it to the City Clerk. There is a five minute maximum time
limit when addressing the City Council.
CONSENT CALENDAR: The following items lysted on the Consent
Calendar are considered routine and are approved by a single motion.
Consent Calendar items may be removed from the Consent Calendar by request
of a Councilmember only.
1. SCHEDULE FUTURE MEETINGS
A. October 19, 1989 - General Plan Advisory Committee - 7:00
p.m. - Chaparral Intermediate School
B. October 25, 1989 - Residential Trash Pickup Meeting - 7:00
p.m. - Chaparral Intermediate School
C. October 26, 1989 - Residential Trash Pickup Meeting - 7:00
p.m. - Ramada Inn
2. APPROVAL OF MINUTES -
Addendum to Minutes of Special Meeting of April 25, 1989 i
Regular Meeting August 15, 1989
Special Meeting August 29, 1989
Regular Meeting September 5, 1989
Regular Meeting September 19, 1989
Adjourned Regular Meeting September 25, 1989
Regular Meeting October 3, 1989
3. WARRANT REGISTER - Approve the Warrant Register dated October 13,
1989 in the total amount of $433,027.97.
CITY COUNCIL AGENDA PAGE 2 OCTOBER 17, 1989
4. RESOLUTION NO. 89 - XX: EXPRESSING SUPPORT FOR THE WEST SAN
GABRIEL VALLEY CHAPTER AMERICAN RED CROSS DISASTER RELIEF FUND
CAMPAIGN.
Recommended Action: Adopt Resolution No. 89 - XX expressing
support for the i•Jest San Gabriel Valley Chapter American Red
Cross Disaster Relief Fund Campaign.
5. FIGHT GRIDLOCK ORDINANCE AND EXPENDITURE PLAN
Recommended Action: It is recommended that the matter be tabled
indefinitely until further information is received from LACTAC
regarding Council concerns.
b. COUNCIL/EMPLOYEE EXPENSE POLICY - A policy governing expenses
incurred while on City business needs to be established for
members of the City Council and employees.
Recommended Action: Adopt the proposed Council/Employee Expense
Policy.
7. RESOLUTION NO. 89 - XX: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DIAMOND BAR AUTHORIZING AND DIRECTING THE INSTALLATION OF
STOP SIGNS AND RELATED TRAFFIC CONTROL DEVICES AT INTERSECTIONS
SPECIFIED HEREIN - The County's Traffic Advisor has evaluated the
need for "stop" controls on Longview Drive from its southerly
terminus at Rimford Place south of Grand Avenue to its northerly
terminus at Silvertip Drive north of Grand Avenue.
Recommended Action: Adopt Resolution No. 89 - XX authorizing and
directing the installation of stop signs and related traffic
control devices at intersections specified herein.
8. APPROVAL OF CONTRACT WITH RON KRANZER & ASSOCIATES FOR GRAND
AVENUE DESIGN AND PLANS AND SPECIFICATIONS - In conjunction with
the Agreement approved on September 25, 1989 arith the County of
San Bernardino for opening Grand Avenue, it is necessary to
contract for signal installation at Longview, Summit Ridge,
Shotgun and tfontefino and possibly, Rolling Knoll. In addition,
signal improvements must be made at Grand and Diamond Bar, Grand
and Golden Springs and for bus buys to be installed to enhance
the transport of school children.
Recommended Action: Approve contract with Ron Kranzer &
Associates for preparation of designs and plans and specifica-
tions for the improvements listed -above.
9. RESOLUTION NO. 89 - XX: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DIAMOND BAR APPROVING THE PURCHASE OF OFFICE FURNITURE
AND ANCILLARY EQUIPMENT - The City's new offices require
furniture to adequately meet staff's needs. Staff is
recommending that purchase be made in two phases with Phase 2
delayed until the 1990-91 fiscal year.
Recommended Action: Adopt Resolution No. 89 - XX authorizing
purchase of office furniture.
10. RESOLUTION NO. 69 - XX: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DIAMOND BAR SUPPORTING EARTH DAY 1990 - In accordance
wit), City Council philosophiev of enhancing our fragile world
environment, it if. recommendF•d af: followr::
CITY COUNCIL AGENDA PAGE 3 OCTOBER 17, 1989
Recommended Action: 1) Adopt Resolution No. 89 - XX supporting
Earth Day; 2) develop a program between the City and Cal Poly
Pomona; 3) urge the League of California Cities, at their Annual
Conference, to amend their existing Resolution, or adopt a new
Resolution supporting Earth Day; 4) coordinate activities in the
East San Gabriel Valley promoting Earth Day and 5) authorizing
the joining of the Earth Day organization.
11. RESOLUTION NO. 89 - XX: ESTABLISHING THE POSITION AND RA14GE FOR
FINANCIAL HANAGEIIENT ASSISTANT
Recommended Action: Adopt Resolution No. 89 - XX establishing
position and range for Financial 19angement Assistant.
12. RESOLUTION NO. 89 - XX: ESTABLISHING THE POSITION AND RANGE FOR
PLANNING SECRETARY
Recommended Action: Adopt Resolution No. 89 - XX establishing
position and range for Planning Secretary.
13. RESOLUTION NO. 89 - XX: A RESOLUTION OF THE CITY OF DIAMOND BAR
APPROVING PLANS AND SPECIFICATIONS FOR THE SLURRY SEAL PROGRAM,
DECORAH ROAD, ET AL, IN SAID CITY AND DIRECTING THE CITY CLERK TO
ADVERTISE TO RECEIVE BIDS - The Los Angeles County Department of
Public Works has prepared plans, specifications and engineer's
estimate for proposed slurry sealing of various streets in the
vicinity of Decorah Road.
Recommended Action: 1) Find that this project is Categorically
Exempt pursuant to the State Guidelines for Implementation of the
California Environmental Quality Act; 2) approve the project and
adopt the plans and specifications for Cash Contract 4958; 3) set
November 1, 1989 at 2:00 p.m. as the date on which to receive
bids and 4) instruct the City Clerk to advertise.
14. GRAFFITI REMOVAL BY BOYS' CLUB OF SAN GABRIEL VALLEY - The City
is occasionally the recipient of random yang -type graffiti.
Prior to the City's incorporation, the Boys' Club- responded to
calls to remove said graffiti on an "as needed basis."
Recommended Action: Approve a contract between the City and the
Boys' Club of San Gabriel Valley for graffiti removal services in
an amount not to exceed $10,000 and that the City encourage
voluntary reimbursement to property owners whose parcels are
victims of graffiti.
15. AWARD OF BID FOR PURCHASE OF PHOTOCOPIER - bid opening was held
on Wednesday, October 11, 1989.
Recommended Action: Award bid for purchase or a photocopier
machine to The Copymasters for a Konica E590 in an amount not to
exceed $11,798.00.
16. AWARD OF BID FOR PURCHASE OF TWO (2) CITY TRUCKS - bid opeening
was held on Tuesday, October 10, 1969.
Recommended Action: Award bid to the lowest responsible bidder
for the purchase of two (2) City pick-up trucks to Valley
Chevrolet in thL- awount of 527,121.69.
17. DISPUTE RESOLUTION CENTER - The City has received a request from
the Dispute Resolution Center, a non-profit oryzAnizeition, tc,
utilize space within City Hall during non -business hours.
Recommended Actions Authorize the u::v o1 City offices by the
Lit;pute Re,-;olution Center, at a maximum of two (2) days per week,
6:U0 p.:). to 9100 )•.m., t+01L)ect to t.hq: consent o1 the C1ty'
Les::or.
CITY COUNCIL AGENDA PAGE 4 OCTOBER 17, 1989
18. CLAIM FOR DAMAGES - Claim filed September 12, 1989 by Young Soo
Lim regarding traffic accident August 16, 1989 at the inter-
section of Diamond Bar Blvd. and Gold Rush Dr.
Recommended Action: Deny the claim and refer the matter to the
City's Risk Manager.
19. HERITAGE PARK HAUNTED HOUSE
Recommended Action: Authorize payment of up to $5,000 to Walnut
Valley Recreation for the Haunted House program to be conducted
at Heritage Park as recommended by the Parks and Recreation
Council Committee. ,
20. JAIL NEEDS ASSESSMENT AND MASTER PLAN - L.A. COUNTY - L.A.
County is facing the need to expand the current jail system. A
Jail Needs and Itaster Plan Summary has been sent to cities within
the County for comment regarding proposed expansion. Within the
Master Plan is a proposal for three new facilities in the eastern
region in which Diamond Bar is located.
Recommended Action: It is recommended that the Council take no
position on this matter at this time due to insufficient
information regarding location of the proposed facilities.
21. RESOLUTION NO. 89 - XX: RECONFIRMING DESIGN GUIDELINES DEVELOPED
FOR THE GATEWAY CORPORATE CENTER AS PREVIOUSLY ADOPTED
Recommended Action: Adopt Resolution No. 89 - XX reconfirming
design guidelines developed for the Gateway Corporate Center as
previously adopted.
SPECIAL PRESENTATIONS - Proclamations, certificates, etc.
22. PROCLAMATION - Proclaiming the month of October, 1989 as "Smoke
Detector" Honth in conjunction with the year-long earthquake
survival program in Southern California.
23. CERTIFICATE OF APPRECIATION - Present to John Martin for
voluntary assistance with City parks and landscaping during
interim period between incorporation and employment of City
staff.
24. PRESENTATION OF POLAROID CAMERA TO SHERIFF'S DEPARTMENT FOR USE
IN GRAFFITI ENFORCEMENT
25. PRESENTATION OF RADAR MONITORING DEVICE DONATED BY DIAMOND BAR
ROTARY CLUB TO SHERIFF'S DEPARTMENT
26. PRESENTATION REGARDING "PUBLIC RACQUETBALL CONCEPT" - Presented
by Yi Hei Wu, Administrative Intern.
27. ENVIRONMENTAL ASSESSMENT - CONDITIONAL USE PERMIT CASE NO. 88296-
(1), PARCEL MAP 19997 - Report by John Gutwein regarding County
of Los Angeles development procedures.
OLD BUSINESS
28. SECOND READING ORDINANCE NO. 26 (1989) - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF DIAHOND BAR AUTHORIZING A CONTRACT BETWEEN
THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AND THE BOARD OF
ADMINISTRATION OF THE CALIFORNIA PUBLIC E1IPLOYEES' RETIREMENT
SYSTE11
CITY COUNCIL AGENDA PAGE 5 OCTOBER 17, 1989
Recommended Action: Accept for Second Reading by title only and
adopt Ordinance No. 26 (1989) authorizing a contract between the
City of Diamond Bar and the Public Employees' Retirement System.
29. "TEMPORARY SIGN" COMPARISON OF LOS ANGELES COUNTY CODE WITH
CHAMBER OF COMMERCE RECOMMENDATIONS - Report by John Gutwein.
Recommended Action: Direct staff as required.
30. COUNCIL DISCUSSION AND APPOINTMENT OF PARKS AND RECREATION
COMMISSIONERS
31. COUNCIL DISCUSSION REGARDING APPOINTMENT OF PACESETTERS TO SERVE
AS THE CITY'S CHIEF BUILDING OFFICIAL - Documents will not be
available until the day of the meeting.
Recommended Action: Direct staff as necessary.
32. REQUEST FOR 4 -WAY STOP CONTROL AT MORNING CANYON AND SANTAQUIN
DRIVE/CLIFFBRANCH DRIVE.
Recommended Action: Deny request for a 4 -way stop control at
Morning Canyon and Santaquin Drive/Cliffbranch Drive and request
Sheriff's Department to strictly enforce traffic violations in
this area.
NEW BUSINESS
33. ORDINANCE NO. XX (1989) - AN ORDINANCE OF THE CITY OF DIAMOND BAR
IMPOSING RESTRICTIONS ON THE TRANSFER OF CERTAIN MATERIALS TO
MINORS AND PROHIBITING THE POSSESSION OF CERTAIN MATERIALS BY
MINORS DURING CERTAIN HOURS.
Recommended Action: Approve Ordinance No. XX (1989) imposing
restrictions on transfer of certain materials by minors during
certain hours. (RCV)
34. ORDINANCE NO. XX.(1989) - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF DIAMOND BAR AMENDING SECTION 21.28.140.A. OF THE LOS
ANGELES COUNTY CODE AS HERETOFORE ADOPTED, PERTAINING TO THE
DETERMINATION OF FAIR MARKET VALUE FOR THE DEDICATION OF LAND
AND/OR PAYMENT OF FEES FOR PARK AND RECREATION PURPOSES.
Recommended Action: Approve Ordinance No. XX (1989) pertaining
to the determination of fair market value for the dedication of
land and/or payment of fees fox park and recreation purposes.
(RCV)
35. ORDINANCE NO. XX (1989) - AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DIAMOND BAR ESTABLISHING A TRAFFIC AND TRANSPORTATION
COMMITTEE
Recommended Actions Approve Ordinance No. XX (1989) establishing
a Traffic and Transportation Committee. (RCV)
36. ORDINANCE NO. XX (1989) - AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DIAMOND BAR PERTAINING TO THE FORM, CONTENT AND EXECUTION
OF CITY WARRANTS, AND AUTHORIZING USE OF FACSIMILE SIGNATURES.
Recommended Actions Approve Ordinance No. XX (1989) pertaining
to the form, content and er.ecutiors of City warrants and
authorizing use of facr:imile signatures. (RCV)
CITY COUNCIL AGENDA PAGE 6 OCTOBER 17, 1989
PUBLIC HEARINGS
37. URGENCY ORDINANCE N0. 23-A (1989) - AN ORDINANCE OF THE CITY
COUNCIL EXTENDING THE TERM OF AN INTERIM ZONING ORDINANCE,
ORDINANCE NO. 23 (1989) PURSUANT TO THE PROVISIONS OF CALIFORNIA
GOVERNMENT CODE SECTION 65858 AND MAKING FINDINGS IN SUPPORT
THEREOF.
Recommended Action: Adopt Urgency Ordinance No. 23-A (1989)
extending term of an Interim Zoning Ordinance, Ordinance No. 23
(1989) pursuant to Government Code Section 65858. (RCV)
ANNOUNCE14ENTS - This time is set aside for any City Councilmember to direct
staff regarding any matters to be discussed at the next regular meeting.
ADJOURN14ENT
VMFUU r REGISTER
&qDmval 1�October
13. 1989
Warrant #
Invoice
Vidor Nare Account #
Pnount
DEscriptim
1294
League of Cb. Cities
$95.00
Meting
1295
Law Offices of Negrete
3,800.00
Tribux-Lit
Transfer
Payroll Aoct.
8,000.00
Payroll 9/23
21965
Averbedc (b., Ins. Brkers
770.00
Vehicle Insurarm
339218
Bill's Lock arra Safe
17.60
Keys for Parks
D15-10
Wyle Fhgineering
1,365.08
Traffic Study-IFP
Cmpk,er Applied DysbeM
29,243.28
Acctg Omputer Systan
Lynda Burgess
37.46
Office Supplies
Fn229
Ousters
(302.89)
Credit-pier
38174
Cory tens
320.88
17.99
Copier Rent
D.B. City of
500.00
Petty Cish
Dianond Bar Business Assoc.
30,000.00
Lease 10/89-6/90
Diamxd Bar Business Assoc.
20,000.00
50,000.00
Building Mpravemits
21215
Diamnd Bar Stations
21.09
Supplies
21230
Diarond Bar Stationers
9.38
Supplies
21268
Diamond Bar Statimers
65.98
96.45
Supplies
East S.G.V. Planing Omm.
117.00
143053-A
Dairg Irr. Prod.
109.58
Irr. Supplies
GIE
24.81
Telephone
GPE
757.85
782.66
Telephme
1369
Iamdscape West
4,512.00
LLAD39
1370
Iarrl9cape West
3,300.00
LLAD41
1414
Landscape West
8,376.03
Parks
1429
Istxiswpe West
183.88
16,371.91
It-pair
11770
League of Cities
5.33
Publications
11772
League of Cities
53.25
58.58
Puhlications.
8-9
L.A. O,xnty Dist. Atty.
19.25
Atty. Serv.
1386
L.A. Cbunty Dept. P.W.
1,346.40
Trf. Sig. July
1490
L.A. ODunty Dept. P.W.
2,247.77
Trf. Sig. Aug.
6799
L.A. Om- ty Dept. P.W.
19,861.01
Raad Svc.
6801
L.A. (Duity Dept. P.W.
819.54
Str. sweeping
6803
L.A. Cbunty Dept. P.W.
1,566.87
W. Eng.
6798
L.A. Oxnty Dept. P.W.
131.33
Striping, Sign
6800
L.A. amty Dept. P.W.
25,529.65
Cly, Q1tter,Si,demlk
6802
L.A. Cbuity Dept. P.W.
10,206.65
Veg. Contract
6804
L.A. Oxmty Dept. P.W.
94.88
61,804.10
Ind. Waste Sv.
L.A. Owity Sheriff's Dept.
167,549.50
9mriff Svc.-0ct.
Marlaaen, ArrrLynski
1,926.00
Attny. Svc.
Markin, ArcWcjski
2,863.50
4,789.50
Attny. Svc.
Gary Miller
40.00
Meeting Eq:).
Zee Nice
134.46
Supplies
Tames Nice
50.64
185.10
Supplies
09-431
Par]ick Calif. Inc.
10,032.00
Printing
Paychek
58.85
Payroll Svc.
dc9049
Progress Bulletin
51.60
Advertising
dc9543
Progress Bulletin
47.16
Advertising
dc9591
Progress Bulletin
50.04
Advertising
dc10313
Progress Bulletin
16.02
164.82
Advertising
Warrant # Invoi0s
Vesrbr Nwe Aaaxnt #
* SJbject to City Oxmi11 s final approval.
Amount
R46 Systm
200.00
S31M49
S.G. Valley Trib.
33.90
S=2065
S.G. Valley Trib.
37.29
SM2117
S.G. Valley Trib.
13.56
114998
Sir Speedy
150•52
U5000
Sir Speedy
18.11
115161
Sir Speedy
2.66
Elect. I ADS
Sb. Calif. Bjisan
1,103.42
Sb. Calif. Wison
107.42
Maetuxis
9D. Calif. Bjism
Wtx. an. IIAD38
124.80
So. Calif. Gas
14,004.50
Atty. 97s.
Rpt L. Van Nort
117.60
11,798.00
Robert L. Van Nort
16.20
phase of 2 Truds
W.V. Water Dist.
Waa er, Gary
Wildish, Mahaffa & Nialis
* Amstrnng " Associates
* C7opynasters
* Valley C wmlet
* SJbject to City Oxmi11 s final approval.
Amount
Deseriptim
200.00
Postage
Ad4e tlsing
Advertising
84.75
Advertising
Printing
Printing
171.39
Printing
Elec./Pwls
1,210.84
Elect. UAD38
76.63
Elect. I ADS
17.66
Ca.%/pawls
9 plies
133.80
Maetuxis
713.70
Wtx. an. IIAD38
124.80
Travel Reimb.
14,004.50
Atty. 97s.
21,344.50
Furnitme Deposit
11,798.00
Ooppohine
27,721.69
phase of 2 Truds
$433,027.97
�f
/�' VL
CITY OF SOUTH EL MONTE
0 1415 N. SANTA ANITA AVENUE
SOUTH EL MONTE, CALIFORNIA 91733
��` (818) 579-6540 • (213) 686-0460
�4CM1�
October 3, 1989
Dear Mayor:
At its meeting held September 28, 1989, the City Council
of the City of South El Monte approved a resolution
expressing its support for the West San Gabriel Valley
Chapter American Red Cross Disaster Relief Fund Campaign.
Enclosed you will find a copy of this resolution for
your consideration and support.
Sincerely,
Marg et M. G rcia
City Clerk
Enclosure
RECEIVED OCT 0 5 1989
Mayor Albert (Al) Perez • Vice -Mayor Stan Quintana • Councilman Ignacio (Slim) Gracia 9 Councilman Jim Kelly • Councilman Art Olmos
RESOLUTION NO. 89-2965
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SOUTH EL MONTE EXPRESSING ITS SUPPORT FOR THE
WEST SAN GABRIEL VALLEY CHAPTER AMERICAN RED
CROSS DISASTER RELIEF FUND CAMPAIGN
WHEREAS, natural disasters cause untold human suffering
to hundreds of thousands of American people every year, the most
recent being Hurricane Hugo's devastating assault on the people
of the Carribbeans and the Carolinas;
WHEREAS, the American Red Cross is the primary vehicle
through which Americans help each other to survive and recover
in the face of grievous calamity;
WHEREAS, ninety thousand volunteers give Red Cross services
free of charge to disaster victims throughout the land, relying on
the generosity of their fellow Americans to fund their efforts;
WHEREAS, Red Cross volunteers from the West San Gabriel
Valley Chapter, including many of our own citizens, give crucial
aid and comfort to disaster victims in our own city;
WHEREAS, Hurricane Hugo has wrought more destruction than
any other disaster in our land during this century, requiring a
Red Cross disaster relief effort of unprecedented magnitude;
WHEREAS, the people of the American Red Cross are
compelled to launch an emergency disaster relief fund campaign
to raise $42 million;
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of South E1 Monte will support and promote this effort
and urges its citizens, churches, schools, businesses and civic
groups to do the same by sharing funds, volunteer time and any
other appropriate resources;
BE IT FURTHER RESOLVED, that a copy of this resolution
be distributed to the mayors of all the cities in the West San
Gabriel Valley and that they be encouraged to express their
support for the West San Gabriel Valley Chapter American Red
Cross disaster relief fund campaign.
1989. PASSED, APPROVED, AND ADOPTED this 28th day of September,
r'
Mayor
ATTEST:
Resolution No. 89-2965
Page 2
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF SOUTH EL MONTE )
I, Margaret M. Garcia, City Clerk of the City of South E1 Monte,
hereby certify that the foregoing Resolution, being Resolution
No. 89-2965 was duly passed and adopted by the City Council of
the City of South El Monte at a regular meeting of said Council
held on the 28th day of September, 1.989, and that said Resolution
was adopted by the following vote:
AYES: Gracia, Kelly, Olmos, Quintana
NOES: None
ABSENT: (Mayor) Perez
ABSTAIN: None
/� it e r
RESOLUTION NO. 89-
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DIAMOND BAR EXPRESSING ITS SUPPORT
FOR THE WEST SAN GABRIEL VALLEY CHAPTER
AMERICAN RED CROSS DISASTER RELIEF FUND CAMPAIGN
WHEREAS, natural disasters cause untold human
suffering to hundreds of thousands of American people every
year, the most recent being Hurricane Hugo's devasting assault
on the people of the Carribeans and Carolinas;
WHEREAS, the American Red Cross is the primary
vehicle through which Americans help each other to survive and
recover in the face of grievous calamity;
WHEREAS, ninety thousand volunteers give Red Cross
services free of charge to disaster victims throughout the
land, relying on the generosity of their fellow Americans to
fund their efforts;
WHEREAS, Red Cross volunteers from the West San
Gabriel Valley Chapter, including many of our own citizens,
give crucial aid and comfort to disaster victims in our own
city;
WHEREAS, Hurricane Hugo has wrought more destruction
than any other disaster in our land during this century,
requiring a Red Cross disaster relief effort of unprecedented
magnitude;
WHEREAS, the people of the American Red Cross are
compelled to launch an emergency disaster relief fund campaign
to raise $42 million;
NOW, THEREFORE, BE IT RESOLVED that the City Council
of the City of Diamond Bar will support and promote this effort
and urges its citizens, churches, schools, businesses and civic
groups to do the same by sharing funds, volunteer time and
other appropriate resources;
BE IT FURTHER RESOLVED, that a copy of this
resolution be distributed to the mayors of all the citizens in
the West San Gabriel Valley and that they be encouraged to
express their support for the West San Gabriel Valley Chapter
American Red Cross disaster relief fund campaign.
PASSED, APPROVED, AND ADOPTED this day of
. 1989.
Mayor
I, Lynda Burgess, City Clerk of the City of Diamond
Bar, do hereby certify that the foregoing Resolution was
introduced at a regular meeting of the City Council of the City
of Diamond Bar held on the day of ,
1989, and was finally passed at a regular meeting of the City
Council of the City of Diamond Bar held on the day of
, 1989, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ASTAINED: COUNCIL MEMBERS:
ATTEST:
City Clerk of the City
City of -Diamond Bar
RESOLUTION NO. 89 -
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR APPROVING
THE FIGHT GRIDLOCK ORDINANCE. AND
EXPENDITURE PLAN
WHEREAS, maintaining and improving the operation
of our aging and deteriorating transportation system is
essential to preserving our standard of living and economic
vitality and current revenues are not sufficient to meet
current and future needs; and
WHEREAS, new street, highway, and transportation
improvements of at least an additional $7.5 billion are
needed for cities and unincorporated areas in Los Angeles
County; and
WHEREAS, approval of a one-half cent sales tax
increase would generate enough revenue to finance essential
transportation projects contained in the Fight Gridlock
Plan; and
WHEREAS, the State of California and the federal
government alone cannot solve the transportation problems in
Los Angeles County and local jurisdictions must develop and
implement new local funding programs; and
WHEREAS, Los Angeles County may forfeit as much
as $1 billion over a ten-year period in new revenues
generated by the proposed gas tax increase because we will
not be able to match state funds available for highways,
streets, and roads; and
1
WHEREAS, the Los Angeles County Transportation
Commission has developed a countrywide consensus on: (1) the
essential projects to adequately deal with current and
anticipated traffic congestion; and (2) a proposed Fight
Gridlock Ordinance and Expenditure Plan to fund the
implementation of these essential projects; and
WHEREAS, the Los Angeles County Transportation
Commission is requesting the City of Diamond Bar to support
the placement of the Fight Gridlock Ordinance and
Expenditure Plan on the ballot for voter approval:
NOW, THEREFORE, BE IT RESOLVED, that the Diamond
Bar City Council hereby approves the Fight Gridlock
Ordinance and Expenditure Plan.
BE IT FURTHER RESOLVED, that the Diamond Bar
City Council urges the Los Angeles County Board of
Supervisors to designate the Los Angeles County
Transportation Commission as the Los Angeles County LOCAL
TRANSPORTATION AUTHORITY.
APPROVED AND ADOPTED this day of
, 1989.
2
Mayor
I, LYNDA BURGESS, City Clerk of the City of
Diamond Bar, do hereby certify that the foregoing Resolution
was passed, adopted and approved at a regular meeting of the
City Council of the City of Diamond Bar held on the
day of
, 1989, by the following vote:
AYES: COUNCILMEN -
NOES: COUNCILMEN -
ABSENT: COUNCILMEN -
ABSTAINED: COUNCILMEN -
ATTEST:
City Clerk of the
City of Diamond Bar
3
September 7, 1989
MEMO TO: CITY MANAGER/ADMINISTRATOR
FROM: CLAUDETTE MQI�MANAGER OF
RELATIONS
GOVERNMENT
Los Angeles County
Transportation
Commission
403 West Eighth Street
Suite 500
Los Angeles
California 90014-3096
)213) 626-0370
Vf�
CN
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SUBJECT: MATERIAL ON EXPENDITURE PLAN FOR A POSSIBLE
1/2 CENT SALES TAX INCREASE
Recently, the Los Angeles County Transportation Commission
sent material to you and your Mayor regarding approval of an
expenditure plan for a possible 1/2 cent sales tax increase.
Unfortunately, important language was inadvertently left out
of the sample resolution in the packet.
The attached resolution has been corrected and should be the
one used by your City Council when it considers the
expenditure plan. The language "on the ballot for voter
approval" has been added to the seventh (7th) "whereas"
clause in the resolution.
In addition, attached is a change to a code section
referenced in the expenditure plan. The change will be
incorporated into the expenditure plan.
I have also attached the chart detailing an estimate of how,
much your city would receive under the local return element
of the plan.
If you have any questions regarding the corrections or the
expenditure plan, please feel free to contact me at (213)
236-9525.
Thank you for your consideration.
CHAM:cmm
Attachments
#T-29 RECEIVED Sip j I fig!
SAMPLE RESOLUTION TO APPROVE THE
FIGHT GRIDLOCK ORDINANCE AND EXPENDITURE PLAN
A Resolution of the City Council of the City of
approving the Fight Gridlock Ordinance and Expenditure Plan.
WHEREAS, maintaining and improving the operation of our aging
and deteriorating transportation system is essential to
preserving our standard of living and economic vitality and
current revenues are not sufficient to meet current and
future needs; and
WHEREAS, new street, highway, and transportation improvements
of at least an additional $7.5 billion are needed for cities
and unincorporated areas in Los Angeles County; and
WHEREAS, approval of a one-half cent sales tax increase would
generate enough revenue to finance essential transportation
projects contained in the Fight Gridlock Plan; and
WHEREAS, the State of California and the federal government
alone cannot solve the transportation problems in Los Angeles
County and local jurisdictions must develop and implement new
local funding programs; and
WHEREAS; Los Angeles County may forfeit as much as $1 billion
over a ten-year period in new revenues generated by the
proposed gas tax increase because we will not be able to
match state funds available for highways, streets, and roads;
and
WHEREAS, the Los Angeles County Transportation Commission has
developed a countywide consensus on: (1) the essential
projects to adequately deal with current and anticipated
traffic congestion; and (2) a proposed Fight Gridlock
Ordinance and Expenditure Plan to fund the implementation of
these essential projects; and
WHEREAS; the Los Angeles County
requesting the City of
of the Fight Gridlock Ordinance
ballot for voter approval;
Transportation
to support
and Expenditure
Commission is
the placement
Plan on the
NOW THEREFORE, BE IT RESOLVED, that the City
Council hereby approves the Fight Gridlock Ordinance and
Expenditure Plan.
BE IT FURTHER RESOLVED, that the City Council
urges the Los Angeles County Board of Supervisors to
designate the Los Angeles County Transportation Commission as
the Los Angeles County LOCAL TRANSPORTATION AUTHORITY.
CHANGE TO CODE CITATION
Amend page fourteen, Section 16, letter "J" of the
definition for Expenditure Plan to read:
"...means Expenditure Plan required by 6eetien-&SB398
Section 180206 of the Public Utilities Code...".
LOCAL STREET
1/2 CENT SALES TAX
(30% - FIRST YEAR ESTIMATES)
$ AMT.
$ OF COUNTY $ OF CO 50% POP TOTAL
AGENCY POPULATION STREETS 50% SQ Y ALLOCATION
AGOURA HILLS
0.22%
0.17%
224,481
274,481
ALHAMBRA
0.87%
0.74%
907,214
957,214
ARCADIA
0.57%
0.71%
719,356
769,356
ARTESIA
0.17%
0.17%
193,939
243,939
AVALON
0.03%
0.02%
26,282
76,282
AZUSA
0.44%
0.37%
460,906
510,906
BALDWIN PARK
0.73%
0.56%
730,656
780,656
BELL
0.33%
0.21%
304,641
354,641
BELLFLOWER
0.70%
0.47%
662,852
712,852
BELL GARDENS
0.44%
0.29%
415,795
465,795
BEVERLY HILLS
0.40%
0.42%
459,817
509,817
BRADBURY
0.01%
0.02%
15,896
65,896
BURBANK
1.09%
1.11%
1,237,562
1,287,562
CARSON
1.03%
1.16%
1,238,246
1,288,246
CERRITOS
0.68%
0.70%
776,376
826,376
CLAREMONT
0.42%
0.68%
622,190
672,190
COMMERCE
0.14%
0.32%
259,124
309,124
COMPTON
1.08%
0.87%
1,100,566
1,150,566
COVINA
0.50%
0.57%
602,787
652,787
CUDAHY
0.24%
0.062%
171,282
221,282
CULVER CITY
0.47%
0.38%
483,456
533,456
DIAMOND BAR
0.72%
0.50%
688,805
738,805
DOWNEY
1.00%
1.06%
1,167,394
1,217,394
DUARTE
0.25%
0.23%
270,385
320,385
EL MONTE
1.10%
0.67%
1,000,473
1,050,473
EL SEGUNDO
0.18%
0.29%
266,467
316,467
GARDENA
0.59%
0.47%
596,475
646,475
GLENDALE
1.92$
1.51%
1,939,820
1,989,820
GLENDORA
0.54%
0.63%
664,887
714,887
HAWAIIAN GARDENS
0.14%
0.09%
130,306
180,306
HAWTHORNE
0.78%
0.42%
679,640
729,640
HERMOSA BEACH
0.23%
0.19%
235,413
285,413
HUNTINGTON PARK
0.59%
0.33%
523,863
573,863
INDUSTRY
0.00%
0.34%
193,236
243,236
INGLEWOOD
1.18%
0.88%
1,164,580
1,214,580
IRWINDALE
0.01%
0.16%
97,484
147,484
LA CANADA FLINTRIDGE
0.24%
0.26%
285,335
335,335
LA HABRA HEIGHTS
0.06%
0.18%
135,997
185,997
LAKEWOOD
0.88$
0.91%
1,013,178
1,063,178
LA MIRADA
0.49%
0.53%
576,182
626,182
LOCAL STREET
1/2 CENT SALES TAX
(30% - FIRST YEAR ESTIMATES)
$ AMT.
$ OF COUNTY
$ OF CO
50% POP
TOTAL
AGENCY
POPULATION
STREETS
50% SQ Y
ALLOCATION
0.95% 1.47%
1,367,921 1,417,921
LANCASTER
LA PUENTE
0.39%
0.32%
402,505
452,505
LA VERNE
0.35%
0.40%
427,763
477,763
361,957
LAWNDALE
0.32%
0.23%
0.24%
0.13%
311,957
206,911
256,911
LOMITA
LONG BEACH
4.86%
4.36%
5,208,231
5,258,231
LOS ANGELES CITY
39.33%
41.23%
45,517,283
45,567,283
LYNWOOD
0.62%
0.50%
635,640
685,640
465,654
MANHATTAN BEACH
0.41%
0.28%
0.33%
0.13%
415,654
234,726
284,726
MAYWOOD
MONROVIA
0.39%
0.40%
450,425
500,425
MONTEBELLO
0.67%
0.67%
756,703
806,703
813,147
MONTEREY PARK
0.75%
1.05%
0.60%
0.86%
763,147
1,079,326
1,129,326
NORWALK
PALMDALE
0.53%
0.74%
715,445
765,445
PALOS VERDES ESTATES
0.17$
0.43%
339,512
389,512
518,728
PARAMOUNT
0.51%
1.53%
0.32%
1.36%
468,728
1,632,399
1,682,399
PASADENA
PICO RIVERA
0.66%
0.51%
664,913
714,913
POMONA
1.39$
1.60%
1,689,896
1,739,896
RANCHO PALOS VERDES
0.53%
0.64%
663,677
713,677
767,053
REDONDO BEACH
0.75%
0.09%
0.52%
0.16%
717,053
143,474
193,474
ROLLING HILLS EST'S
0.55%
0.42%
547,074
597,074
ROSEMEAD
SAN DIMAS
0.38$
0.54%
517,109
567,109
SAN FERNANDO
0.24%
0.23%
266,861
316,861
452,671
SAN GABRIEL
0.40%
0.16%
0.31%
0.34%
402,671
282,847
332,847
SAN MARINO
SANTA CLARITA
1.34%
0.90%
1,264,385
1,314,385
SANTA FE SPRINGS
0.19%
0..53$
0.78%
405,212
1,071,971
455,272
1,121,971
SANTA MONICA
SIERRA MADRE
1.12%
0.13%
0.22%
199,610
249,610
SIGNAL HILL
0.09%
0.20%
163,883
213,883
SOUTH EL MONTE
0.22%
0.21%
241,440
291,440
887,802
SOUTH GATE
0.92%
0.28%
0.57%
0.30%
837,802
327,814
377,814
SOUTH PASADENA
TEMPLE CITY
0.37%
0.29%
373,139
423,139
TORRANCE
1.65%
1.70%
1,889,093
1,939,093
VERNON
0.00%
0.21%
121,955
171,955
WALNUT
0.31%
0.23%
300,753
350,753
WEST COVINA
1.09%
1.21%
1,299,690
1,349,690
LOCAL STREET
1/2 CENT SALES TAX
(30% - FIRST YEAR ESTIMATES)
113,000,000
$ AMT.
% OF COUNTY
$ OF CO
50% POP
TOTAL
AGENCY
POPULATION
STREETS
50% SQ Y
ALLOCATION
WEST HOLLYWOOD
0.44%
0.23%
378,889
428,889
WESTLAKE VILLAGE
0.09%
0.14%
132,802
182,802
WHITTIER
0.86%
0.92%
1,005,360
1,055,360
TOTAL CITIES
89.08%
88.07%
100,086,996
104,286,996
UNICORPORATED L.A.
10.92%
11.93%
12,913,004
12,963,004
TOTAL ALL AGENCIES
100.00%
100.00%
113,000,000
117,250,000
113,000,000
K/
I
CITY OF DIAMOND BAR
I N T E R O F F I C E M E M O R A N D U M
TO: Robert L. Van Nort, City Manager
FROM: Joann M. Saul
Expense Policy
SUBJECT: Ex
P Y
DATE: October 5, 1989
Attached for your review is a proposed Council/Employee Expense
Policy.
Please note, in section 4(b) it is stated that the per diem amount
is to be set by resolution of the City Council. The suggested
amount for approval is forty dollars ($40.00). The meal
reimbursement breakdown would be as follows:
Breakfast $10.00
Lunch $10.00
Dinner $20.00
Please let me know if the preference is to have the per diem
amounts stated in the policy instead of being done by resolution.
CITY OF DIAMOND BAR
COUNCIL/EMPLOYEE EXPENSE POLICY
Section 1. Authority for Travel by Councilmembers, Public
Officials, and City Employees: Requests for
authorization to travel shall indicate inclusive
dates of travel, destination, purpose of trip,
persons involved and mode of transportation.
Requests shall be made to the city administrator or
his designee. In the even of "short notice" trips,
department heads, in their own best judgement, may
travel or authorize travel, subject to subsequent
approval by the city administrator.
Where travel involves overnight lodging,
authorization for same shall be by the city
administrator.
Section 2. Method of Travel:
(a) Transportation by automobile shall be
accomplished by the use of city vehicles to the
extent possible, but when necessary to use private
automobiles, reimbursement will be at the rate of
twenty-four cents per mile.
(b) When a common carrier is used, the cost for
round-trip, coach airfare to the nearest airport
facility will be reimbursed. Flight insurance, in-
flight beverages, or flight entertainment shall not
be included in claim for reimbursement.
Section 3. Lodging:
(a) In all travel instances, city officials and
employees are expected to secure overnight
accommodations as economically as possible,
commensurate with a reasonable standard.
(b) Allowance for lodging is the actual cost for
single occupancy of a room.
Section 4. Per Diem:
(a) Per diem shall be applied when the individual
travels away from the city for more than 24 hours
in their capacity as a representative of the City
of Diamond Bar for the purpose of conducting
business.
(b) Per diem and allowance for meals, including
tips, shall be as follows:
Breakfast $10.00
Lunch $10.00
Dinner $20.00
(c) Receipts are not required, however, it is
expected that excess monies will be returned to the
Finance Department.
CITY OF DIAMOND BAR
COUNCIL/EMPLOYEE EXPENSE POLICY
(e) Additional expense shall be granted when a city
official or employee is engaged in official
functions in a high cost city.
(1) Additional expense shall not exceed 50%
of the per diem.
(2) Currently, high cost cities are San
Francisco, San Diego, New York, and Washington
D.C.
Section 5. Local Reimbursement:
(a) Reimbursement shall apply to official travel
in or out of the city limits for less than 24 hours
duration. Reimbursements shall cover meals,
gratuities, mileage and other expenses.
(b) Receipts shall be required for meal
reimbursement not to exceed the per diem meal
breakdown.
(c) Mileage shall be reimbursed at twenty-four
cents per mile.
Section 6. Personal and Miscellaneous Expenses:
(a) No personal expenses, such as laundering or
barbering, etc., shall be allowed.
(b) No claim for entertainment shall be allowed
except when it is a regularly scheduled part of the
meeting being attended.
(c) Extraordinary promotional expenses as approved
by the City Manager will be reimbursed by the city
if receipts are submitted, along with a list of
those entertained, affiliation, and purpose of
entertainment to benefit the city.
(d) The city will not pay for expenses incurred by
a city official for his or her spouse in connection
with conference registration, meals, transportation
or miscellaneous expenses.
(f) The following items may be claimed if incurred
in the performance of city business:
(1) Registration fees and association fees.
(2) Parking.
(3) Streetcar, bus, and taxi fare.
(4) Auto hire, when approved as part of travel
authorization.
CITY OF DIAMOND BAR
COUNCIL/EMPLOYES EXPENSE POLICY
(5) Ferry, bridge, and road tolls.
(d) Receipts are required to claim the above items.
Section 7. Privately Owned Automobiles:
(a) Reimbursement on a mileage basis or expenses
of transportation by claimant's privately owned
automobile on city business shall not be allowed
within or outside of the city, unless permission of
the city administrator or his designee has been
obtained in advance for each such use. Such
permission shall be good until revoked.
(b) All claims for travel expenses and mileage
shall be filed on city forms provided by the finance
department and shall be accompanied by an
explanation stating all facts constituting the
necessity or otherwise qualifying the case.
(c) In any case in which reimbursement for expenses
of transportation by private automobile is claimed,
the license number of the automobile used as well
as the name of each city officer, employee or
council member transported on the trip shall be
stated. As such reimbursement is for the expense
of the use of the automobile regardless of the
number of persons transported, no reimbursement for
transportation shall be allowed any passenger in an
automobile operated by another such officer,
employee or member except as otherwise provided by
law.
(d) The rate for which a claim may be allowed for
the use of privately owned automobiles is twenty-
four cents per mile.
(e) Ferry, bridge or toll road charges may be
claimed in cases where mileage is allowed; such
charges shall be allowed in addition to mileage.
(f) Where reimbursement is claimed on a mileage
basis, reasonable and necessary charges for parking
while on official city business in metropolitan
areas when away from headquarters may be allowed.
Repairs, tires, gasoline or other automobile expense
items shall not be allowed for the use of the
automobile.
s
CITY OF DIAMOND BAR
COUNCIL/EMPLOYEE EXPENSE POLICY
Section 8. Expenses within City: Any official or employee who
attends a breakfast, lunch or dinner meeting within
the city where it is important that the function be
so attended, may be reimbursed for the meal expense
and the meal expense of another person or persons
who are guests on occasions when an invitation to
a meal is important to the interest of the city, or
when a meal is provided because of services to the
city.
All claims under this section should be
substantiated, wherever possible, by copies of
written invitation or pertinent correspondence, and
shall be filed separately with the city
administrator. Payment for each item claimed will
be submitted on a claim reimbursement form and
submitted to the Finance Department. Nothing herein
shall be construed as authorization for holding
breakfast, lunch or dinner meetings by department
heads.
Section 9. Claim Substantiation:
All reimbursement claims should be substantiated
whenever possible by attaching receipts to a claim
reimbursement form and filing with the Finance
Department for further action.
0
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR AUTHORIZING AND DIRECTING THE
INSTALLATION OF STOP SIGNS AND RELATED TRAFFIC
CONTROL DEVICES AT INTERSECTIONS SPECIFIED
HEREIN.
A. Recitals.
(i) Section 15.20.030 of the Los Angeles County Code,
as heretofore adopted, by reference by the City Council, provides
for the installation of traffic control devices, upon approval of
the City Council.
(ii) Staff has prepared and presented to the City
Council a report indicating the need for the installation of
traffic control devices at certain locations more particularly
specified herein below.
(iii) All legal prerequisites to the adoption of this
Resolution have occurred.
B. Resolution.
NOW, THEREFORE, the City Council of the City of Diamond
Bar does hereby find, determine and resolve as follows:
1. In all respects, as set forth in the Recitals, Part
A, of this Resolution.
2. Based upon information provided to the City
Council, the City Manager hereby is directed and authorized to
cause the installation of traffic control signs, including "STOP"
signs on Brookwood Drive, Thunder Trails Drive and Nan Court,
where the same intersect Longview Drive.
1
3. Based upon information and facts provided to the
City Council, the City Manager hereby is authorized and directed
to install twenty-five (25) miles per hour speed limit signs at
designated locations on Longview Drive, both north and south of
Grand Avenue.
4. The City Clerk shall certify to the adoption of
this Resolution.
PASSED, ADOPTED AND APPROVED this day of
October, 1989.
Mayor
I, LYNDA BURGESS, City Clerk of the City of Diamond
Bar, do hereby certify that the foregoing Resolution was passed,
adopted and approved at a regular meeting of the City Council of
the City of Diamond Bar held on the day of October, 1989,
by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
ATTEST:
City Clerk of the City of
Diamond Bar
L%1011%RESST0P�DB 5.7 2
September 21, 1989
TO: Mr. Robert L. Van Nort
City Manager
City of Diamond Bar
FROM: Ron Hobbs
Traffic Advisor
LONGVIEW DRIVE
STOP CONTROL
Background
As requested, I have investigated the need for
Longview Drive from its southerly terminus at
Avenue to its northerly terminus at Silvertip
Recommendation
stop controls along
Rimford Place south of Grand
Drive north of Grand Avenue.
Recommend that "Stop" controls be established on Brookwood Drive, Thunder
Trails Drive, and Nan Court at Longview Drive. Other stop controls are not
recommended at this time. Also, recommend that 25 MPH speed limit signs
be installed on Longview Drive both north and south of Grand Avenue.
Conditions
Longview Drive is a fully improved north -south residential collector
street with street lighting throughout. From Rimford Place to Summitridge
Drive, Longview Drive is 38 feet wide curb to curb and from Grand Avenue
to approximately 100 feet north of Longview Place is 54 feet wide curb to
curb with six-foot raised median. The remainder of Longview Drive is
40 feet wide curb to curb. The abutting development is single-family
residential and under provisions of the California Vehicle Code, the speed
limit is residential "prima facie" 25 MPH and is unposted.
All the intersecting streets along Longview Drive with the exception of
Rimford Place, Grand Avenue, Brookwood Drive, Thunder Trail Drive and Nan
Court form "T" intersections. Rimford Place forms an "L" intersection and
Grand Avenue, Brookwood Drive, Thunder Trail Drive and Nan Court form
four -legged intersections. Stop controls are present on Longview Drive
at Grand Avenue, none of the other intersections have stop control.
Attached is an area map showing Longview Drive and the intersecting
streets.
-2 -
Data
A 24-hour machine count taken on Longview Drive north of Grand Avenue on
February 13, 1989 recorded 2,696 vehicles.
A radar speed check taken on December 21, 1988 on Longview Drive 300 feet
north of Longview Place from 1:55 to 2:55 p.m. revealed:
80 Samples
Average speed 35 MPH
85th Percentile 42 MPH
10 -Mile Pace 33 to 43 MPH
53 samples in 10 -Mile Pace = 66% of total
Over the three-year period ending August 20, 1989 accidents were reported
at the following intersection locations:
6-24-87 Longview Drive and Brookwood Road, right-angle, eastbound -
southbound, 8 a.m., two injuries.
12-24-87 Longview Drive and Brookwood Road, right-angle, eastbound -
northbound, 5 p.m., one injury.
5-26-88 Longview Drive and Brookwood Road, right-angle, westbound -
southbound, 6 a.m., one injury.
10-14-88 Longview Drive and Brookwood Road, right-angle, northbound -
westbound, 4 p.m., two injuries.
11-08-88 Longview Drive and Brookwood Road, right-angle, northbound -
westbound, 3 p.m., no injuries.
Discussion and Recommendation
As previously noted, all the streets intersecting with Longview Drive
except Grand Avenue are uncontrolled intersections. The assignment of
right-of-way at uncontrolled intersections is clearly defined in the
California Vehicle Code and it is the responsibility of every licensed
driver in the State of California to have knowledge of these provisions.
Because of this, we recommend the establishment of "Stop" regulations only
at locations where volumes of conflicting traffic, severely restricted
visibility, or a greater than normal number of reported accidents
necessitate such action.
My investigation revealed that vehicular and pedestrian volumes at the
"T" and "L" intersections are light and visibility and the accident
history are good. Based on these factors, "Stop" signs are not
recommended at these locations along Longview Drive at this time.
-3 -
Other than Grand Avenue, which already has "Stop" controls, I believe two-
way stop control should be considered at the four -legged intersections of
Longview Drive with Brookwood Drive, Thunder Trail Drive and Nan Court due
to the amount of conflicting traffic. The intersection of Longview Drive
and Brookwood Drive also has an unfavorable accident history. Therefore,
I recommend that stop controls be installed that would require traffic on
Brookwood Drive, Thunder Trail Drive and Nan Court to stop for traffic on
Longview Drive.
A recent radar speed check on Longview Drive north of Grand Avenue
indicated a higher than normal prevailing speed on Longview Drive..
Normally, the posting of 25 MPH residential speed limit is not recommended
as it is the responsibility of a licensed driver to be aware of the
residential speed taw. An exception sometimes occurs in cases where the
sign may be posted as a reminder on a residential street with a higher than
normal amount of traffic. I believe this is the case with Longview Drive
and recommend that 25 MPH speed limit signs be posted on Longview Drive
both north and south of Grand Avenue as a reminder to motorists.
RLH:sI
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DESIGN SERVICES AGREEMENT
This Agreement is made and entered into this 17th day
of October, 1989, between the City of Diamond Bar, a Municipal
Corporation (hereinafter referred to as "CITY") and KRANZER &
ASSOCIATES, INC., a California Corporation (hereinafter referred
to as "CONSULTANT").
A. Recitals.
(i) CITY and CONSULTANT have heretofore entered into
an Agreement for Engineering Services for the performance of City
Engineering Services and Design Services. CITY desires to have
CONSULTANT provide design services for specified public projects.
(ii) CITY desires to retain CONSULTANT to perform
professional design services necessary to render advice and
assistance to CITY, CITY's City Council and staff in the
preparation of plans and specifications for the installation of
traffic signals and related appurtenances at Grand Avenue where
it intersects with Longview Drive, Summit Ridge, Shotgun, Rolling
Knoll and Montefino ("Fire Station") and modifications to
existing traffic signals and intersection improvements at Grand
Avenue and Golden Springs Road and at Grand Avenue and Diamond
Bar Boulevard ("the Project" hereinafter).
(iii) CONSULTANT represents that it is qualified to
perform such services and is willing to perform such professional
services as hereinafter defined.
1
NOW, THEREFORE, it is agreed by and between CITY and
CONSULTANT as follows:
B. Agreement.
1. Definitions: The following definitions shall
apply to the following terms, except where the context of this
Agreement otherwise requires:
(a) Project: The preparation of plans and
specifications including, but not limited to, the preparation of
maps, surveys, reports, and documents, the presentation, both
oral and in writing, of such plans, maps, surveys, reports and
documents to CITY as required and attendance at any and all work
sessions, public hearings and other meetings conducted by CITY
with respect to the Project.
(b) Services: Such professional services as are
necessary to be performed by CONSULTANT in order to complete the
Project.
(c) Completion of Project: The date of
completion of all phases of the Project, including any and all
procedures, development plans, maps, surveys, plan documents,
technical reports, meetings, oral presentations and attendance by
CONSULTANT at public hearings, if necessary, regarding the
adoption of plans and specifications as set forth in Exhibit "A"
hereto.
2
2. CONSULTANT agrees as follows:
(a) CONSULTANT shall forthwith undertake and
complete the Project in accordance with Federal, State and CITY
statues, regulations, ordinances and guidelines, all to the
reasonable satisfaction of CITY.
(b) CONSULTANT shall supply copies of all maps,
surveys, reports, plans and documents (hereinafter collectively
referred to as "documents") including all supplemental technical
documents, to CITY within the timelines specified in Exhibit
"A". Copies of the documents shall be in such numbers as are
required by the City Manager. CITY may thereafter review and
forward to CONSULTANT comments regarding said documents and
CONSULTANT shall thereafter make such revisions to said documents
as are deemed necessary. CITY shall receive revised documents in
such form and in the quantities determined necessary by CITY.
The time limits set forth pursuant to this Section B2.(b) may be
extended upon written approval of CITY.
(c) CONSULTANT shall, at CONSULTANT's sole cost
and expense, secure and hire such other persons as may, in the
opinion of CONSULTANT, be necessary to comply with the terms of
this Agreement. In the event any such other persons are retained
by CONSULTANT, CONSULTANT hereby warrants that such persons shall
be fully qualified to perform services required hereunder.
CONSULTANT further agrees that no subcontractor shall be retained
by CONSULTANT except upon the prior written approval of CITY.
3. CITY agrees as follows:
(a) To pay CONSULTANT the sum for each project
specified in Exhibit "B" for the performance of the services
required hereunder. This sum shall cover the cost of all staff
time and all other direct and indirect costs or fees, including
the work of employees, consultants and subcontractors to
CONSULTANT. Payment to CONSULTANT, by CITY, shall be made in
accordance with the schedule set forth below.
(b) Payments to CONSULTANT shall be made by CITY
in accordance with the invoices submitted by CONSULTANT, on a
.monthly basis, and such invoices shall be paid within a
reasonable time after said invoices are received by CITY. All
charges shall be in accordance with CONSULTANT's proposal either
with respect to hourly rates or lump sum amounts for individual
tasks.
(c) CONSULTANT agrees that, in no event, shall
CITY be required to pay to CONSULTANT any sum in excess of 95% of
the maximum payable hereunder prior to receipt by CITY of all
final documents, together with all supplemental technical
documents, as described herein acceptable in form and content to
CITY. Final payment shall be made not later than 60 days after
presentation of final documents and acceptance thereof by CITY.
4
(d) Additional services: Payments for additional
services requested, in writing, by CITY, shall be paid on a
reimbursement basis in accordance with the fee schedule set forth
in said Exhibit "B" to the existing Agreement for Engineering
Services. Charges for additional services shall be invoiced on a
monthly basis and shall be paid by CITY within a reasonable time
after said invoices are received by CITY.
4. CITY agrees to provide to CONSULTANT:
CITY.
(a) Information and assistance as available to
(b) Photographically reproducible copies of maps
and other information, if available, which CONSULTANT considers
necessary in order to complete the Project.
(c) Such information as is generally available
from CITY files applicable to the Project.
(d) Assistance, if necessary, in obtaining
information from other governmental agencies and/or private
parties. However, it shall be CONSULTANT's responsibility to
make all initial contact with respect to the gathering of such
information.
5. Ownership of Documents: All documents, data,
studies, surveys, drawings, maps, models, photographs and reports
prepared by CONSULTANT pursuant to this Agreement shall be
considered the property of CITY and, upon payment for services
performed by CONSULTANT, such documents and other identified
5
materials shall be delivered to CITY by CONSULTANT. CONSULTANT
may, however, make and retain such copies of said documents and
materials as CONSULTANT may desire.
6. Termination: This Agreement may be terminated by
CITY upon the giving of a written "Notice of Termination" to
CONSULTANT at least fifteen (15) days prior to the date of
termination specified in said Notice. In the event this
Agreement is so terminated, CONSULTANT shall be compensated at
CONSULTANT's applicable hourly rates, on a pro -rata basis with
respect to the percentage of the Project completed as of the date
-of termination. In no event, however, shall CONSULTANT receive
more than the maximum specified in paragraph 3(a), above.
CONSULTANT shall provide to CITY any and all documents, data,
studies, surveys, drawings, maps, models, photographs and
reports, whether in draft or final form, prepared by CONSULTANT
as of the date of termination. CONSULTANT may not terminate this
Agreement except for cause.
7. Notices and Designated Representatives: Any and
all notices, demands, invoices and written communications between
the parties hereto shall be addressed as set forth in this
paragraph 7. The below named individuals, furthermore, shall be
those persons primarily responsible for the performance by the
parties under this Agreement:
A
Ronald L. Kranzer,
President
398 Lemon Creek Drive, Suite E
Walnut, California 91789
Robert L. VanNort,
City Manager
City Hall, Suite 100
21660 E. Copley Drive
Diamond Bar, California 91765
Any such notices, demands, invoices and written communications,
by mail, shall be deemed to have been received by the addressee
forty-eight (48) hours after deposit thereof in the United States
mail, postage prepaid and properly addressed as set forth above.
8. Insurance: CONSULTANT shall neither commence work
under this Agreement until it has obtained all insurance required
hereunder in a company or companies acceptable to CITY nor shall
CONSULTANT allow any subcontractor to commence work on a
subcontract until all insurance required of the subcontractor has
been obtained. CONSULTANT shall take out and maintain at all
time during the term of this Agreement the following policies of
insurance:
(a) Workers' Compensation Insurance: Before
beginning work, CONSULTANT shall furnish to CITY a certificate of
insurance as proof that it has taken out full workers'
compensation insurance for all persons whom it may employ
directly or through subcontractors in carrying out the work
specified herein, in accordance with the laws of the State of
California.
7
In accordance with the provisions of California Labor
Code Section 3700, every employer shall secure the payment of
compensation to his employees. CONSULTANT prior to commencing
work, shall sign and file with CITY a certification as follows:
"I am aware of the provisions of Section 3700 of Labor
Code which require every employer to be insured against liability
for workers' compensation or to undertake self insurance in
accordance with the provisions of that Code, and I will comply
with such provisions before commencing the performance of the
work of this Agreement"
(b) Public Liability and Property Damage: Throughout
the term of this Agreement, at CONSULTANT's sole cost and
expense, CONSULTANT shall keep, or cause to be kept, in full
force and effect, for the mutual benefit of CITY and CONSULTANT,
comprehensive, broad form, general public liability and
automobile insurance against claims and liabilities for personal
injury, death, or property damage arising from CONSULTANT's
activities, providing protection of at least One Million Dollars
($1,000,000.00) for bodily injury or death to any one person or
for any one accident or occurrence and at least One Million
Dollars ($1,000,000.00) for property damage.
(c) Errors and Omissions: CONSULTANT shall take out
and maintain at all times during the life of this Agreement, a
policy or policies of insurance concerning errors and omissions
("malpractice") providing protection of at least One Million
8
($1,000,000.00) Dollars for errors and omissions ("malpractice")
with respect to loss arising from actions of CONSULTANT while
performing services hereunder on behalf of CITY.
(d) General Insurance Requirements: All insurance
required by express provision of this Agreement shall be carried
only in responsible insurance companies licensed to do business
in the State of California and policies required under paragraphs
8.(a) and (b) shall name as additional insureds CITY, its elected
officials, officers, employees, agents and representatives. All
policies shall contain language, to the effect that: (1) the
insurer waives the right of subrogation against CITY and CITY's
elected officials, officers, employees, agents and
representatives; (2) the policies are primary and
noncontributing with any insurance that may be carried by CITY;
and (3) they cannot be canceled or materially changed except
after thirty (30) days' notice by the insurer to CITY by
certified mail. CONSULTANT shall furnish CITY with copies of all
such policies promptly upon receipt of them, or certificate
evidencing the insurance. CONSULTANT may effect for its own
account insurance not required under this Agreement.
9. Indemnification: CONSULTANT shall defend,
indemnify and save harmless CITY, its elected and appointed
officials, officers, agents and employees, from all liability
from loss, damage or injury to persons or property, including the
0
payment by CONSULTANT of any and all legal costs and attorneys'
fees, in any manner arising out of the acts and/or omissions of
CONSULTANT pursuant to this Agreement, including, but not limited
to, all consequential damages, to the maximum extent permitted by
law.
10. Assignment: No assignment of this Agreement or
of any part or obligation of performance hereunder shall be made,
either in whole or in part, by CONSULTANT without the prior
written consent of CITY.
11. Damages: In the event that CONSULTANT fails to
submit to CITY the completed project, together with all documents
and supplemental material required hereunder, in public hearing
form to the reasonable satisfaction of CITY, within the time set
forth herein, or as may be extended by written consent of the
parties hereto, CONSULTANT shall pay to CITY, as liquidated
damages and not as a penalty, the sum of One Hundred Dollars
($100.00) per day for each day CONSULTANT is in default, which
sum represents a reasonable endeavor by the parties hereto to
estimate a fair compensation for the foreseeable losses that
might result from such a default in performance by CONSULTANT,
and due to the difficulty which would otherwise occur in
establishing actual damages resulting from such default, unless
said default is caused by CITY or by acts of God, acts of the
public enemy, fire, floods, epidemics, or quarantine
restrictions.
10
12. Independent Contractor: The parties hereto agree
that CONSULTANT and its employers, officers and agents are
independent contractors under this Agreement and shall not be
construed for any purpose to be employees of CITY.
13. Governing Law: This Agreement shall be governed
by and construed in accordance with the laws of the State of
California.
14. Attorney's Fees: In the event any legal
proceeding is instituted to enforce any term or provision of the
Agreement, the prevailing party in said legal proceeding shall be
entitled to recover attorneys' fees and costs from the opposing
party in an amount determined by the court to be reasonable.
15. Entire Agreement: This Agreement supersedes any
and all other agreements, either oral or in writing, between the
parties with respect to the subject matter herein. Each party to
this Agreement acknowledges that no representation by any party
which is not embodied herein nor any other agreement, statement,
or promise not contained in this Agreement shall be valid and
binding. Any modification of this Agreement shall be effective
only if it is in writing signed by all parties.
11
IN WITNESS WHEREOF, the parties hereto have executed
this Agreement as of the day and year first set forth above:
ATTEST:
M1011 M APSAM 2.4D
12
CONSULTANT
CITY OF DIAMOND BAR
V&a
City Clerk
TORCY40ti
`J �
October 13, 1989
Robert L. Van Nort
City Manager
City of Diamond Bar
21660 E. Copley Dr, Suite 100
Diamond Bar, Ca 91765
Dear Bob:
U[( and associates, civil engineers, inc.
398 S. Lemon Creek Drive, Suite E • Walnut, California 91789 • (714) 594-9702 (818) 331-8323
FAX (714) 594-2658
RKA is pleased to provide this letter proposal regarding professional design services in connection
with Grand Ave. improvements. The Scope of Work and compensation is as follows:
A. Traffic Signal Improvements at the following location - including an interconnect system
where feasible.
1. Grand Ave. @ Longview Dr. $ 6,000
2. Grand Ave. @ Shotgun Ln. - Summit Ridge 9,000
3. Grand Ave. @ Diamond Bar Blvd. 6,000
4. Grand Ave. @ Golden Springs Dr. 6,000
5. Grand Ave. @ Montefino Ave. (Fire Station) 9,000
6. Grand Ave. @ Rolling Knoll Dr. 6,000
B. Intersection Improvements on Grand Ave. at Diamond Bar Blvd. including median
modifications. $25,000
C. Intersection Improvements on Grand Ave. at Golden Springs Road. $25,000
D. Miscellaneous Improvements $ 8,000
The professional design services to accomplish the above tasks shall include all necessary field
investigation, design survey preparation of construction drawings, specifications and contract
documents, assisting in bidding process and contract administration including inspection.
Compensation for the above professional services shall be on a "Time and Materials" basis per the
hourly rate schedule included in the present agreement for City Engineering Service and shall not
exceed the amounts indicated above.
Los Angeles County Public Works Department has indicated that they have preliminay design plans
for signal modifications at the intersection of Grand at Diamond Bar Blvd. and at Golden Springs
Rd. - as we obtain copies of these plans it is possibel that the design fee set above for these two
intersection could be reduced.
Grand Ave. Signal Improvement Proposal
Page 2
Attached as Exhibit "A" is a Time Schedule for design and construction for each project. It is
anticipated that some of the proposed projects will be combined to achieve economy of scale.
Sincerely,
��bnald L. Kranzer
RLK•nb:1640: db- prop: grand. im p
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CITY of DIA14OND BAR
AGENDA REPORT
BACKGROUND:
The City of Diamond Bar, during the first six months, utilized
offices that were rent-free. It moved into the permanent offices
on October 9, 1989. There are currently seven (7) offices and
a conference room, as well as space available for work stations,
storage, and an employee lounge.
FACTS:
The City Council authorized an expenditure of $20,000 for office
furniture in the 1989-90 fiscal year, however, $20,000 was to
furnish the offices of the City Clerk, City Manager, City Council,
and the Conference Room.
Revenues to date have exceeded expenses and it is possible to
furnish additional offices without adversely impacting the budget.
The proposed acquisition of furniture case goods contains two (2)
phases. As it is not feasible at this time to furnish all offices,
two phases will be developed and utilized.
It is recognized that the cost of Phase 2 will substantially
increase, however, until the matter of the property tax for the
fiscal year 1989-90 is resolved, it is recommended that Phase 2
be held in abeyance.
STAFF RECOMMENDATION:
It is recommended that the City Council authorize the purchasing
contained in the proposal for Phase 1 and that Phase 2 be held in
abeyance until the 1990-91 fiscal year.
(Narrative continued on next page if neceE
FISCLL IMPACTS
Amount Requested S
Budgeted Amount S
In Account Numbers
Deficits S
Revenue Source,
REVITNEZI---------------------
Y
�ZZ2-----------------
Robert L. Van Nort Andrew L. Arczynskl
City Manager City Attorney Er. Accountant
OCTOBER 10, 1989
ISSUE:
t-
Armstrong DLqign Associates
(415) 2839692 _
Bonnic Scott Armstrong
ASID Assa-iatc
942 Foye Dr*v -
L,Ofaydk, California 94549
CITY OF DIAMOND BAR REQUIRES CASEGOODS, SEATING, WORK STATIONS AND
AGE UNITS FOR THE NEW 3,871 SQUARE FOOT OFFICE SPACE LOCATED AT
E 100, 21660 EAST_COPLEY DRIVE, DIAMOND BAR, CALIFORNIA 91765.
OFFICES TO BE FURNISHED AT THIS TIME ARE:
CITY CLERK, DEPUTY CITY CLERK, FINANCE, CITY COUNCIL, CITY MANAGER/MINI
CONFERENCE, EXECUTIVE SECRETARY AND STORAGE.
BACKGROUND:
INTERVIEWS HAVE BEEN CONDUCTED. WITH SUBSEQUENT DIRECTION, RECOMMENDA-
TIONS ARE ENCLOSED.
SHIPPING, DELIVERY, INSTALLATION, INSURANCE IN TRANSIT OR OTHER PLUS
CHARGES WILL BE AT THE CITY'S EXPENSE.
PRICES CANNOT BE GUARANTEED UNTIL THE ORDER IS PLACED BY ARMSTRONG
DESIGN ASSOCIATES ON BEHALF OF THE CITY AND IS ACCEPTED BY THE
MANUFACTURER.
f:
r
- Armstrong Design Associaks
— (415) 283-9692 - -
Bonnie Scott Armstrong
ASID Asso. iate
942 Foye DrnM - —
Lafayctt4 California 94.549
CASEGOOD PRICING
1 Ball -and Claw Mahogany Desk #90-3472
1 Chippendale Mahogany Table #1404
1 Visual Mahogany on Walnut #TV 4848
1 Mahogany Conference Table 42" Round #99000A
Base #F-1
1 Mahogany Conference Desk 190-6678
1 Mahogany Telephone/Accessory Table #96-1826
-1 Lunch Table 36x72
1 Executive Secretarial L Station and Computer Work Station
SEATING PRICING
4 Arm Chair #622 Fabric: #541-6 Multi Tapestry
4 Arm Chair #C726 Fabric: #5825-6 Multi Bargello
2 Arm Chair #628 Fabric #P 248-6 Navy & Red Stripe
1 Leather Swivel Chair #4736TS Color: Oxblood #X5921-52
1 Leather Swivel Chair #8554BT Color: Blueberry X5921-31
5 Ergonomic Chair #94114 w/COM Fabric: #L-740-1
8 Stacking Chair #5140 Fabric: Concord #2700 Jade
TOTAL $14,975.
TOTAL $11,363.
STORAGE
3 Library Bookcases w/Adj. Shelves, Color: Autumn Haze
1 Media Storage (Computer Printouts) #SCW 5-36 Color: Autumn Haze
2 Overhead Storage Cabinet #SC042-S, Color: Autumn Haze
2 Lateral File #DF42-5A (Five Drawers) Color: Autumn Haze
1 Floor Standing Storage Cabinet #SCX436, Color: Autumn Haze (Fax Stand)
1 Wardrobe w/Lock #DW7824, Color: Autumn Haze
TOTAL $3457.
continued
PRICING page 2
U WORK STATION PRICING
Each station has a High Back Credenza w/task lights, a Run-off Desk and a Run-
off Credenza. Each can be reconfigured at a later time.
Hazelwood Laminate w/Cordovan Mahogany trim.
1 City Clerk
1 Deputy City Clerk
1 Finance
TOTAL $12,894
GRAND TOTAL $42.689.00
FURNITURE SCHEDULE
Armstrong align AsuriaMs
^ (4I5) 293-9692
Bonnie Scots Armstrong
AS(DAs5ociak -
942 Foye Dim
(.Jayne, California 94549
CITY CLERK, DEPUTY CITY CLERK & FINANCE
1. High Back Credenza w/Overhead Storage and Task Lights
2. Low Back Credenza w/Lateral Files
3. Desk w/Pedestal and Pencil Drawer
4. Ergonomic Chair
EXECUTIVE SECRETARY
1. Mahogany Secretarial L Station
2. Mahogany Computer Work Station w/Articulating Arm
3:- Ergomonic Chair
4. Arm Chair
CONFERENCE ROOM
1. Mahogany on Walnut "Visual"
CITY COUNCIL
1. Ball -and -Claw Mahogany Desk
2. Leather Swivel Chair
3, Chippendale Mahogany Lamp Table
4. Arm Chair
CITY MANAGER/CONFERENCE ROOM
1. Mahogany Conference Desk
2. Leather Swivel Chair
3. Mahogany Telephone/Accessory Table
4. Arm Chair on Casters
5. Mahogany Conference Table
1. Lunch Table
2. Stacking Chair
LUNCH ROOM
STORAGE ROOM
1. Library Bookcase
2. Media Storage
3. Lateral Files
4. Overhead Storage
5. Floor Standing Storage w/FAX on top
6. Wardrobe
i
CD
FINANCE �C1T�ICOMIK
DSR CIT`( CIERv�-__
3
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I CONT
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C17 coUtJ0il EXEC. SEC.
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CITY MGRzCON
OL
Z. on
_-NEW TIM fJMR E - PLAN
OCT- 1 2-89 THU 1 0 ::30 MARKMAN -.i AFt:CZYMSK I P . om--04
• ice,/ t.�
RESOLUTION NO. 89-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR APPROVING THE PURCHASE OF
OFFICE FURNITURE AND ANCILLARY EQUIPMENT.
A. Recital$.
(i) Heretofore, the City Council entered into an
agreement with ARMSTRONG DESIGN ASSOCIATES for the rendition of
professional services pertaining to the purchase of office
furniture and ancillary equipment reasonably necessary for use by
City personnel.
(ii) The agreement for professional services
referenced hereinabove the provision of services pertaining to
interior design and related factors in order to obtain
appropriate furniture and ancillary equipment for City office
space needs.
(iii) The procurement of furniture pursuant to the
agreement with ARMSTRONG DESIGN ASSOCIATES is in the nature of a
sole source procurement pursuant to Ordinance No. 20 (1989)
Section 30(b).
(iv) The procurement of office furniture and ancillary
equipment through the process described herein is in the best
interest of the City in that it will provide for the lowest
possible cost for such furniture and ancillary equipment.
(v) All legal prerequisites to the adoption of this
resolution have occurred.
1
S. Resoiution,
Roll, THEREFORE, the City Council of the City of Diamond
Bar hereby finds, determines and resolves as follows:
1. In all respects as set forth in the Recitals, Part
A, of this Resolution.
2. The City purchasing agent hereby is authorized and
directed to execute any and all documents reasonably necessary to
effect the procurement of the office furniture and ancillary
equipment specified in Exhibit "A" appended hereto and by this
reference incorporated herein.
3. The City Clerk shall certify to the adoption of
"this Resolution.
1989.
PASSED, ADOPTED AND APPROVED this day of October,
E
Mayor
r
� U
I, LYNDA BURGESS, City Clerk of the City of Diamond
Bar, do hereby certify that the foregoing Resolution was passed,
adopted and approved at a regular meeting of the City council of
the City of Diamond Bar held on the day of October, 1989,
by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
ATTEST:
City Clerk of the City of
Diamond Bar
L1301111tESFORN W5 A.a 3
RESOLUTION #89 -
RESOLUTION OF THE CITY OF DIAMOND BAR, COUNTY OF
LOS ANGELES, CALIFORNIA, IN SUPPORT OF APRIL 22,
1990 AS EARTH DAY AND AUTHORIZING MEMBERSHIP IN
THE GLOBAL CITIES PROJECT.
WHEREAS, Earth Day 1990 will be a global
demonstration of citizen concern for protection of the earth;
and
WHEREAS, Earth Day 1990 will be the product of a
huge coalition, reaching far beyond existing environmental
constituencies to involve the broadest cross-section of
society; and
WHEREAS, Cities can and must make major
contributions to solving our environmental and natural resource
problems through decisions affecting land use, transportation,
solid waste, wastewater treatment, building codes and more; and
NOW, THEREFORE, BE IT RESOLVED by the City
Council, that the City of Diamond Bar:
Section 1. Supports April 22, 1990 as Earth
Day, the Global Cities Project.
Section 2. Authorizes membership for the
City of Diamond Bar in the Global Cities Project.
PASSED AND APPROVED at a regular meeting of the
Diamond Bar City Council of Diamond Bar, California this
day of , 1989.
ayor
I, Lynda Burgess, City Clerk of the City of Diamond Bar, do
hereby certify that the foregoing Resolution was adopted at a
regular meeting of the City Council of the City of Diamond Bar
held on the day of , 1989, by the
following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
Lynda Burgess
City Clerk
CITY MANAGER
CITY OF SAN JOSE, CALIFORNIA
801 NORTH FIRST STREET
SAN JOSE, CALIFORNIA 95110
�`\i
(408) 277.1000
George Caswell
Interim City Manager
Diamond Bar, CA 91765
Dear George:
6\,,,,.,ti,i eptember 29, 1989
Cities are emerging as major players in fhe critical effort
to protect the Earth. Our elected officials are reflecting a
rapidly increasing public concern about such threats as global
warming, water quality, and urban air pollution. At the same
time, local business leaders are increasingly recognizing that
the quality of life is vital to the continued prosperity and
economic development of our cities.
City organizations have literally dozens of important
environmental policies and programs. We determine land use
patterns, manage transportation systems, dispose of solid and
liquid wastes, build and maintain urban infrastructure, plant
and maintain urban forests, and much more. In fact, the true
importance of cities in environmental policy is just now being
recognized by national political and environmental leaders.
In this context, I am writing to alert you to what I believe
is a unique and important opportunity to both promote some of
our existing programs and to enhance this growing recognition of
the importance of cities in solving environmental problems.
Earth Day 1990 is sponsoring a program tailored specifically
for us called The Global Cities Project.
Through this project, cities will be assisted in developing
Earth Day 1990 activities which will contribute to the success
of our existing programs -- from ridesharing to recycling -- and
which will at the same time put the positive contributions our
cities are making favorably before our citizens. I will be
taking a personal interest in San Jose's activities as a member
of The Global Cities Project.
I would strongly encourage you to endorse Earth Day 1990
and to join San Jose as a member of The Global Cities
Project. Because it can contribute to the development of our
organizations and program in many ways, and it can enhance the
positive relationships between our organizations and our
citizens, it is too good an opportunity to miss.
RECEIVED O C t 0 6 1989
Zne_ly,
Leslie R. White
TO: Mayors, Councilmembers & Appointed City Officials
DENIS HAVES
C1101, f. CEO
CHRISTINA L. DESSER FROM: Denis Hayes, Chairman & CEO, Earth Day 1990
Ezerutirc Di.�a:.
SUBJECT: The Global Cities Project
EARTH DAY 1990
Earth Day 1990 will be a global demonstration of citizen concern for
the protection of the Earth. Its precedent, Earth Day 1970, was the
largest organized demonstration in human history. Ten thousand
schools, two thousand colleges and universities,. and virtually every
community in the United States participated. Congress adjourned
for Earth Day 1970 so that members could attend events in their
districts. Media coverage was extensive. All told, more than 20
million persons participated.
The first Earth Day helped prompt passage of the Clean Air Act and
the CIean Water Act. It helped move the President and the
Congress to create the Environmental Protection Agency. But nearly
twenty years later, the Earth remains at risk. Global warming, acid
rain, ozone holes, rainforest destruction, and other environmental
problems threaten us now more than ever. Today we must again
renew our commitment to protect the Earth.
Earth Day 1990 will be the product of a huge coalition, reaching far
beyond existing environmental constituencies to involve the
broadest possible cross-section of society. Its Board of Directors
includes top business, media, religious, political, labor, academic,
cultural and environmental leaders. It includes Senators, Members
of Congress, Governors and Mayors --both Republicans and
Democrats. Its spirit is inclusive and non -confrontational. We
believe that people working together can accomplish extraordinary
things --that we must get ourselves out of the mess we are in by
working together. Earth Day 1990 will be on April 22. I've
enclosed a brochure to give you more information.
EARTH DAV 1990
P.D. BOX AA
STANFORD UNIVERSITY
CALIFORNIA 94309
TLLI.PHONL 415371-1990
Wk 415 371-7040
ECONE7 tAPI11UAV
The Global Cities Project
Cities have an important role to play in Earth Day 1990. Cities can and must
make major contributions to solving our environmental and natural resource
problems because they make many of the most important decisions that
shape our environmental future --decisions about land use, transportation,
solid waste, wastewater treatment, building codes and more.
At the same time, cities have a vital -=a literal life and death --interest in a
sustainable global environment. Cities are utterly dependent on a
sustainable flow of resources from their surrounding environment. The
destruction of that environment will ultimately mean the destruction of
cities.
But on a more immediate and practical level, local governments currently
operate numerous programs --ridesharing, recycling, energy and water
conservation, hazardous waste reduction, and many others --that depend
upon widespread understanding and participation of citizens for their
success. Earth Day 1990 can make an enormous contribution to building that
widespread understanding and participation. This will make many existing
city programs more successful, but even more important, it will help protect
the vital interest all cities share in preserving a sustainable global system.
Earth Day 1990 will benefit cities and cities should therefore contribute to
the success of Earth Day 1990. The Global Cities Project is a program created
and managed by Earth Day 1990 in cooperation with U.S. cities. It will
encourage and assist cities to create local projects that will both support the
goals of Earth Day 1990 and support the specific programmatic needs of
individual cities.
All cities in the United States are invited to become members of The Global
Cities Project. Member cities will receive a guide to participation that will
include a menu of project ideas as well as practical how-to information to
assist in organizing specific projects, a newsletter, attendance at program
development seminars, access to a technical assistance exchange, and a final
report of The Global Cities Project for distribution to city leaders. Projects
will be encouraged that will provide lasting benefits for the participating
cities --either in the form of permanent improvements to existing programs
or in the form of new ongoing programs. See the enclosed Membership
Enrollment Form for more detailed information on the services to be
provided to participating cities.
Membership Enrollment Information
Cities enrolling as members of The Global Cities Project will receive a variety
of support services. These include:
Project Planning Guide. Each city will receive up to five copies of this
loose-leaf bound Planning Guide. It will contain a menu of project ideas
and information about how to select projects that will fit each particular
city's resources and needs. Specifically, cities will be encouraged and
assisted to plan Earth Day 1990 projects that will support their existing
program efforts --such as ridesharing, recycling, energy or water
conservation, hazardous materials, tree planting, etc. --or that will help
them launch new efforts which meet their needs as a city. The Planning
Guide will include a wide variety of tips and resources to assist cities in
implementing the projects they select. The Planning Guide will be
available December 1.
The Global Cities Newsletter. This newsletter will contain information
on the growth and development of the Global Cities Project as well as
additional tips and resources.
Project Planning Seminars. Project planning training sessions will be
held in major cities across the United States. Up to three persons from
each participating city may attend these one day sessions. They will be
designed to build upon the information presented in the Planning Guide
and newsletter. The seminars will be held in early February.
Environmental Program Referral Service. All participating U.S. cities
will be members of this information exchange through May, 1990. Each
city will be asked to describe how several major environmental threats are
likely to effect their city, what their city is doing about it, and what their
city could consider doing about it. Each participating city will be provided
with contact information for other participating cities whose problems and
programs provide an opportunity for collaboration and cooperation.
Final Report. Each member city will be provided with up to ten copies of
the Global Cities Project Final Report. The Final Report will detail the
activities and successes of the project as a whole.
Membership in the Global Cities Project entails a nominal fee based on the
size of your city. For cities under 50,000 in population, the fee is $500.
Between 50-100,000, the fee is 1000. Over 100,000, the fee is $2,000.
These fees will pay the costs o providing the support services described
above. Fees may be paid by a city government itself, or they may be paid on
behalf of a city by a citizen, business or organization of the city. (County
governments are also encouraged to become members.) If you have any
questions, write us at the address on the Membership Enrollment Form or
phone us at 415-321-1990.
Membership Enrollment Form
City/State:
Mailing Address:
Principal Contact Person:
Phone:
Population:
Membership Fee Enclosed:
Make checks payable to Earth Day/Global Cities and send them with this
enrollment form to :
Earth Day/Global Cities
P.O. Box AA
Stanford University
California 94309
CITY OF DIAMOND BAR
AGENDA SCHEDULING REQUEST
TO: CITY CLERK
FROM: Robert L. Van Nort, City Manager
FOR MEETING DATE: October 17, 1989
[XX] Consent Calendar [ ] Special Presentations
[ ] Public Hearings [ ] Closed Session
[ ] Unfinished Business [ ] Other
[ ] New Business
AGENDA TITLE:
Earth Day
!!!iL'!!!!i6!!!!!!!!!!i!!!6!Clii!!!C!!!!=!!!!ili6!!!i!!!i!!i!!i!
RECOMMENDED ACTION:
Concurrent with City Council philosophies of sustaining our fragile
environment, it is recommended that:
A)
The City of Diamond Bar adopt a Resolution supporting
Earth Day;
B)
Develop a program between the City of
Diamond Bar and
Cal Poly
Pomona;
C)
Urge the League of California Cities,
at their annual
conference,
to amend their existing Resolution, or
adopt a new Resolution
supporting Earth Day;
D)
Coordinate activities in the East San
Gabriel Valley,
promoting
Earth Day; and
E)
Authorize the joining of the Earth Day
organization.
i i i i i i i i i i i i i i i i i i i I,:
i ii i ii i ii i ii i ii i ii i ti i ii i ii i ii i ii i ti ! i
External Distribution - name and address of applicant or others
to be notified of meeting and decisions
CITY OF DIAMOND BAR
AGENDA REPORT
G G Q S C S! S !SSSS SSSS L -------- WWWWS L L L C S S L !LLL !! L L 6 L L L L!! S S S S C S S S S! S Q
"I"*11il0lk4ipin
Earth Day will be celebrated in April of 1990. It's purpose is
to capitalize on the importance of addressing worldwide solutions
to our environment. The attached documents further elaborate upon
the programs to be undertaken to make Earth Day the success it
was twenty years ago.
STAFF RECOMMENDATION:
Concurrent with City Council philosophies of sustaining our
fragile environment, it is recommended that:
A) The City of Diamond Bar adopt a Resolution.supporting
Earth Day;
B) Develop a program between the City of Diamond Bar and
Cal Poly Pomona;
C) Urge the League of California Cities, at their annual
conference, to amend their existing Resolution, or adopt
a new Resolution supporting Earth Day;
D) Coordinate activities in the East San Gabriel Valley,
promoting Earth Day; and
E) Authorize the joining of the Earth Day organization.
(Narrative continued on next page if necessar
FISCAL IMPACTs
Amount Requested S
Budgeted Amount $
In Account Numbers
Deficits S
Revenue Sources
511
-- ------------------------------
Robert L. Van Nort Andrew L. Arczynski
City Manager City Attorney
Sr. Accountant
CITY MANAGER
CITY OF SAN JOSE, CALIFORNIA
$01 NORTH FIRST STREET _ I v1 5
SAN 205CALIFORNIAR96110 77-4000 l� U
George Caswell
Interim City Manager
Diamond Bar, CA 91765
Dear George:
(�kSeptember 29, 1989
esw - A,4-� 4eA� �
L&UJ 1 DI ► v -
Cities are emerging as major players in hitical effort
to protect the Earth. Our elected officials are reflecting a
rapidly increasing public concern about such threats as global
warming, water quality, and urban air pollution. At the same
time, local business leaders are increasingly recognizing that
the quality of life is vital to the continued prosperity and
economic development of our cities.
City organizations have literally dozens of important
environmental policies and programs. We determine land use
patterns, manage transportation systems, dispose of solid and
liquid wastes, build and maintain urban infrastructure, plant
and maintain urban forests, and much more. In fact, the true
importance of cities in environmental policy is just now being
recognized by national political and environmental leaders.
In this context, I am writing to alert you to what I believe
is a unique and important opportunity to both promote some of
our existing programs and to enhance this growing recognition of
the importance of cities in solving environmental problems.
Earth Day 1990 is sponsoring a program tailored specifically
for us called The Global Cities Project.
Through this project, cities will be assisted in developing
Earth Day 1990 activities which will contribute to the success
of our existing programs -- from ridesharing to recycling -- and
which will at the same time put the positive contributions our
cities are making favorably before our citizens. I will be
taking a personal interest in San Jose's activities as a member
of The Global Cities Project.
I would strongly encourage you to endorse Earth Day 1990
and to join San Jose as a member of The Global Cities
Project. Because it can contribute to the development of our
organizations and program in many ways, and it can enhance the
positive relationships between our organizations and our
citizens, it is too good an opportunity to miss.
Znely,
RECEIVED OCT 0 6 1989
Leslie R. White
_ as�rrfEi dor/99�.
TO: Mayors, Councilmembers & Appointed City Officials
DENIS HAYES
chair& CEO - -
CHRISTINAL.DESSER FROM: Denis Hayes, Chairman &: CEO,. Earth Day 1990
Executive Director
SUBJECT: The Global Cities Project
EARTH DAY 1990
Earth Day 1990 will be a global demonstration -of citizen concern for
the protection of the Earth. Its precedent, Earth Day 1970, was the
largest organized demonstration in human history. Ten thousand
schools, two thousand colleges and universities, and virtually every
community in the United States participated. Congress adjourned
for Earth Day 1970 so that members could attend events in their
districts. Media coverage was extensive. All told, more than 20
million persons participated.
The first Earth Day helped prompt passage of the Clean Air Act and
the Clean Water Act. it helped move the President and the
Congress to create the Environmental Protection Agency`. But nearly
twenty years later, the Earth remains at risk. Global warming, acid
rain, ozone holes, rainforest destruction, and other environmental
problems threaten us now -more than ever. Today ` we must again
renew our commitment to protect the Earth.
Earth Day 1990 will be the product of a huge coalition, reaching far
beyond existing environmental constituencies to involve the
broadest possible cross-section of society. Its Board of Directors
includes top business, media, religious, political, labor, academic,
cultural and environmental leaders. It includes Senators, Members
of Congress, Governors and Mayors --both Republicans and
Democrats.. Its spirit is inclusive and non -confrontational. We
believe that people working together can accomplish extraordinary
things --that we must get ourselves out of the mess, we are in by
working together. Earth Day 1990 will be on April 22. I've
enclosed a brochure to give you more information.
EARTH DAY 1990
P.O. BOX AA
STANFORD UNIVERSITY -
CALIF.ORNIA94309
- TELEPHONE: 415 321-1990 - - -
FAX: 415 321-2040
ECONET: EARTHDAY
BOARD OF DIRECTORS
MICHAEL FISCHER
ELEANOR. HOLMES NORTON
TM
/
Executive Director Sierra.Oua
Professor Georgetown Law School .
DENISHAYES
GEORGE FRAMPTON, JR,
HONORABLE FEDERICO PENA-
- Chair &LEO
.President, The Wilderness Society.
Mayor Denier, Colorado _
RALPH NADER
HONORABLE ALBERT GORE -
RUSSELLPETERSON -
special Counsel
United States Senator
Vice Chair, Better World Society
- CHRISTINA L. DESSER
HONORABLE WILLIAM GREEN
PAUL PRITCHARD
Executive Director
Member of Congress
President,
_ - GAYLORD NELSON -
PAUL GROWALD
National Parks & Conscaalion Association
Honoraru Co -Chair
General Partner Small Cities Cable Television
JEFFREY C. REISS
PAULMeCLOSKEY
-
President & CEO Reiss Media Enterprises, lac. -
Honorary Co -Chair
JAY HAIR
President, National Wildlife Federation
'
LAURANCE ROCKEFELLER
President, American Conservation Association:
LADONNA HARRIS
JOHNADAMS _ -
President. Americans for Indian Opportunity
MIKE ROSELLE
Executive Director -
-
Co -Founder Earth First!
Natural Resources Defense Council
" -
RANDALLHAYES
Executive Director. Rainforest Action Network
-
MARTIN ROSEN
EDDIEALBERT
President, Trust for Public Lana
- - Attar
HONORABLE JOHN HEINZ
-
HONORABLE CLAUDINE SCHNEIDER ,
-
KENNETH ARROW
United 5ta'esSenator
Memberof Congress -
Nobel Prize Winning Economist
TERESAHEINZ
Chair, National Council for Families and Television-
STEPHEN SCHNEIDER
- PETER A.A. BERLE
Senior Scientist,
' President, Nalional Audubon Societu
MARIAN HEISKELL
National Centerfor AlmosphericcResearch
Director, New York Times
- -OWEN BIEBER -
Chair, Coundlon the.Environmenlof New York City
-VIRGINIASCOTT -
President, United Auto Workers
-
Executive DirectorIllinoisEnvironmentalCouncil
- HEATHER BOOTH
- REVERENDTHEODOREM.HESBURGH
president Emeritus, University of Notre Dame
PETER SELIGMANN
President, Cit¢enActian -
Chair Conservation International
_
HONORABLE JIM HIGHTOWER -
- HONORABLE TOM BRADLEY
Texas Commissionerof Agriculture
GUSTAVE SPETH' -
- - Mayor, Los Angeles. California -
President, World Resources Institute
HONORABLE TERRY BRANSTAD
TINA-HOBSON
Executive Director Ponca, America
WALLACESTEGNER
Governor Iowa
REVEREND JESSE JACKSON
Author - -
DAVIDBROWER
Chairman of the Rainbow C,alilion
FREDRIC SUTHERLAND - -
- Chairman, Earth Island Institute -
WES AND DANA JACKSON
Executive Director, -
Sierra Club Legal Defense Fund
EDMUNDG. BROWN, IR.
The' and Institute
HONORABLE JAMES R.THOMPSON ..
Chair, California Democratic Party -
_
HUEYJOHNSON
Governor Illinois -
LESTERBROWN
Prosident Resource Renewailnstiluie -
-
President, Worldwutch Institute
R.E. "TED" TURNER
HONORABLE THOMAS H. KEAN
Chairman, Turner Broadcasting
SAM BROWN -
Managing Partner Centennial Partners. Ltd
-
Governor, New Jersey
-
HONORABLE MORRIS UDALL -
-
FRED KENT-:
Member of Congress
- TIMMY BU FFETT
President, Project for Public Spaces
-
- Chairman, Save The Manatee Committee
-
HONORABLE JOHN KERRY
JANN S.WENNER -
Fditorand F-ubhsher. Rolling Stone
- RUTH CAPLAN -
United States Senator
-
JEROME WIESN£R
' Executive Director, Lnviran memai Action
-
GEORGE I• KOURPIAS.
Chairman, MacArthur Foundation
HONORABLE JOHN H. CHAFES
President Eiet International Association
United Slates Senator
of Machinists and Aerospace Workers
HONORABLE TIMOTHY E.WIRTH
. MICHAEL CLARK
FREDERICKRUPP
United States Senator
Executive Director Friends of the Earth
Executive Director,
WREN WIRTH
JOAN CLAYBROOK
Environmental Defense Fund
Vice Chair Board of Directors, -
Environmental Defense Fund
President. Public Citizen
LYN DAVIS LEAR
" HONORABLE MARIO CUOMO
Co-Founaer. Environmental Media Association
LINDA 1. WONG
Executive Director California Tomorrow
- Governor, New York
YUAN T. LEE
TED DANSON
Professor, U.C. Berkeleu. Department of Chemistry
JOHN YOUNG
Actor/Presidentof American Oceans Campaign
-
HONORABLE JOHN LEWIS
Pres-
Hewlett and CEO _ -
Hewlett Packard Company
- ANDRE DE LATTRE
Member of Congress
- DAVIDZWICK - -
studentU:C. BerkeleyrDirector,Cal PIRC -
BARRY.LOPEZ
Director Clean Water Aclion -
SIDNEY D.DRELL
Author
- Prnfessor. Stanford Linear Accelerator Center
JACK LORENZ
JOHN ECHOHAWK
Executive Director, lzaak Wdlton League
Executive Director NaliveAmerican Rights Fund
GREG LOUGANIS -
-
MARIAN WRIGHT EDELMAN
OlgmpfcAthlele
President, Children's Defense Fund
THOMAS E. LOVEJOY
-. - - PAULEHRLICH
Assistant Secrelarty for External Affairs,
-
ProfessorofBiaibgy, Stanford University _
Smithsonian Institution -
-
-
AMORY & HUNTER LOVINS.
-
-
Rocky Mountain Institute
KIRK MARCKWALD
President, Western Power Associates
- -
- -
HONORABLE G FORGE I• MITCHELL
.. ,
-
United States Senator
RKIaw YAKI ��
-
The Global Cities Project
Cities have an important role to play in Earth Day 1990. Cities can and must
make major contributions to solving our, environmental and natural resource
problems because they make many of the most important decisions that
shape our environmental future --decisions about land use, transportation,
solid waste, wastewater treatment, building codes and more.
At the same time, cities have a vital --a literal life and death --interest in a
sustainable global environment. Cities are utterly dependent on a
sustainable flow of resources from their surrounding environment. The
destruction of that environment will ultimately mean, the destruction of
cities.
But on a more immediate and practical level, local governments currently
operate numerous programs--ridesharing, recycling, energy and water
conservation, hazardous waste reduction, and many- others --that depend
upon widespread understanding and participation of citizens for their
success. . Earth Day 1990 can make an enormous contribution to building that
widespread understanding and participation. This will make many existing
city, programs more successful, but even more important, it will help protect
the vital interest all cities share in preserving a sustainable global system.
Earth Day 1990 will benefit cities and cities should therefore contribute to
the success of Earth Day 1990. The Global Cities Project is a program created
and managed by Earth Day 1990 in cooperation with U.S. cities. It will
encourage and assist cities to create local projects that will both support the
goals of Earth Day 1990 and support the specific programmatic needs of
individual cities.
All cities in the United States are invited to become members of The Global
Cities Project. Member cities will receive a guide to participation that will
include a menu of project ideas as well as practical how-to information to
assist in organizing specific projects, . a newsletter, attendance at; program
development seminars, access to a technical assistance exchange, and a final
report of The Global Cities Project for distribution to city leaders. Projects
will be encouraged that will provide lasting benefits for the participating
cities --either in the form of permanent improvements to existing programs
or in the form of new ongoing programs. See the enclosed Membership
Enrollment Form for more detailed information on the services to be
provided to participating cities.
Membership Enrollment Information
Cities enrolling as members of The Global Cities Project will receive a variety
of support services. These include:
Project Planning Guide. Each city will receive up to five copies of this
loose-leaf bound Planning Guide. It will contain a menu of project ideas,
and information about how to select projects that will fit each particular
city's resources and needs. Specifically, cities will be encouraged and
assisted to plan Earth Day 1990 projects that will ` support their existing
program efforts --such as ridesharing, recycling, energy or water
conservation, hazardous materials, tree planting, etc. --or that will help
them launch new efforts which meet their needs as a city. The Planning
Guide will include a wide variety of tips and resources to assist cities in
implementing the projects they select. The Planning Guide will be
available December 1.
The Global Cities Newsletter. This newsletter will contain information
on the growth and development 'of the Global Cities Project as well as
additional tips and resources.
Project Planning Seminars. Project planning training sessions will be
held in major cities across the United States. Up to three persons from
each participating city may attend these one day sessions. They will be
designed to build upon the information presented in the Planning Guide
and newsletter. The seminars ,will be held in early February.
Environmental Program Referral Service. All participating U.S. cities
will be members of this information exchange through May, 1990. Each
city will be asked to describe how several major environmental threats are
likely to effect their city, what their city is doing about it, and what their
city could consider doing about it. Each participating city will be provided
with contact information for other participating cities whose problems and
programs provide an opportunity for collaboration and cooperation.
Final Report. Each member city will be provided with up to ten copies of
the Global Cities Project Final Report. The Final Report will detail the
activities and successes of the project as a whole.
Membership in the Global Cities Project entails a nominal fee based on the
size of your city. For cities under 50,000 in population, the fee is $500.
Between 50-100,000, the fee is 1000. Over 100,000, the fee is $2,000.
These fees will pay the costs of -providing the support services described
above. Fees may be paid by a city government itself, or they may be paid on
behalf of a city by a citizen, business or organization of the city. (County
governments are also encouraged to become members.) If you have any
questions,, write us at the address on the Membership Enrollment Form or
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Make checks payable to Earth Day/Global Cities and send them with this
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P.O. Box AA
Stanford University
California 94309
r
RESOLUTION NO. 89 -
RESOLUTION OF THE CITY OF DIAMOND BAR
ESTABLISHING THE POSITION AND RANGE FOR
FINANCIAL MANAGEMENT ASSISTANT.
WHEREAS the City of Diamond Bar was incorporated
April 18, 1989; and
WHEREAS the need for the position of Financial
Management Assistant has arisen;
THEREFORE BE IT RESOLVED by the City Council of
the City of Diamond Bar, California, as follows:
Section 1. That the position of Financial
Management Assistant shall be established.
Section 2. That the position shall be
authorized a salary range of 1505 effective October 21, 1989.
Section 3. That the position shall be assigned
to the management unit with all benefits accorded respectively.
PASSED, APPROVED AND ADOPTED by the City Council
of the City of Diamond Bar on the day of ,
1989.
Mayor
I, LYNDA BURGESS, City Clerk of the City of
Diamond Bar, do hereby certify that the foregoing Resolution
was introduced at a regular meeting of the City Council of the
City of Diamond Bar held on the day of , 1989,
and was finally passed at a reglar meeting of the City Council
of the City of Diamond Bar held on the day of ,
1989, by the following vote:
AYES: COUNCILMEN -
NOES: COUNCILMEN -
ABSENT: COUNCILMEN -
ABSTAINED: COUNCILMEN -
ATTEST:
City Clerk of the City of
Diamond Bar
j
RESOLUTION NO. 89 —
RESOLUTION OF THE CITY OF DIAMOND BAR
ESTABLISHING THE POSITION AND RANGE FOR
PLANNING SECRETARY.
WHEREAS the City of Diamond Bar was incorporated
April 18, 1989; and
WHEREAS the need for the position of Planning
Secretary has arisen;
THEREFORE BE IT RESOLVED by the City Council of
the City of Diamond Bar, California, as follows:
Section 1. That the position of Planning
Secretary shall be established.
Section 2. That the position shall be
authorized a salary range of 953 effective November 1, 1989.
Section 3. That the position shall be assigned
to the general employees unit with all benefits accorded
respectively.
PASSED, APPROVED AND ADOPTED by the City Council
of the City of Diamond Bar on the day of ,
1989.
Mayor
Y, LYNDA BURGESS, City Clerk of the City of
Diamond Bar, do hereby certify that the foregoing Resolution
was introduced at a regular meeting of the City Council of the
City of Diamond Bar held on the day of , 1989,
and was finally passed at a reglar meeting of the City Council
of the City of Diamond Bar held on the day of ,
1989, by the following vote:
AYES: COUNCILMEN -
NOES: COUNCILMEN -
ABSENT: COUNCILMEN -
ABSTAINED: COUNCILMEN -
ATTEST:
City Clerk of the City of
Diamond Bar
PHYLLIS PAPEN
Mayor
PAUL V. HORCHER
Mayor Pro Tem
GARY MILLER
GARY WERNER
JOHN FORBING
Councilmembers
ROBERT L. VAN NORT
City Manager
CITY OF DIAMOND BAR
21660 E. COPLEY DRIVE, SUITE 330
DIAMOND BAR, CA 91765
714 -860 -CITY 714-860-2489
October 12, 1989
COUNCIL DATE: OCTOBER 17, 1989
TO: CITY COUNCIL
VIA: ROBERT L. VAN NORT, CITY MANAGER
FROM: RONALD L. KRANZER, CITY ENGINEER
SUBJECT: APPROVAL OF PLANS & SPECIFICATIONS AND AUTHORIZATION TO
ADVERTISE FOR BIDS FOR SLURRY SEALING - DECORAH ROAD, ET AL
Sealed bids will be received by the City Clerk of the City of Diamond Bar for the slurry sealing
of the existing pavement under Cash Contract 4958, to be administered by L.A. County
Department of Public Works.
The bids must be submitted at the office of said City Clerk in the City Hall, 21660 East Copley
Drive, Suite 100, Diamond Bar, California 91765, before 2:00 p.m. on November 1, 1989. the
bids will then be publicly opened and read.
The work shall be done in accordance with the plans and specifications on file with the City.
The work is estimated to cost between $50,000.00 and $85,000.00 and shall be completed in
15 working days. The work requires a California Class A, C12, or C32 contractor license.
All persons performing the work shall be paid not less than the general prevailing rate of per
diem wages as determined by the California Department of Industrial Relations. Copies of the
wage rates are available at the City Hall.
Each bid must be accompanied by a certified check, cashier's check, or surety bond payable
to the City in an amount equal to at least 10 percent of the bid to guarantee that the bidder
will enter into the contract if it is awarded to him.
The contract, if awarded, will be awarded to the lowest responsible bidder whose proposal
complies with all of the prescribed requirements; however, the City reserves the right to reject
any and all bids.
The successful bidder will be required to submit a faithful performance bond, payment bond,
liability insurance, and workers' compensation insurance with the contract.
As provided for in Section 22300 of the California Public Contract Code, the contractor may
substitute securities for any monies withheld by the City to ensure performance under the
contract.
Slurry Seal Program (Continued)
Page 2
RECOMMENDATION:
It is recommended that the City Council adopt the attached resolution which finds this project
to be a Categorically Exempt project under Section 15301 Class a(c), of the State of California
and authorizes the City Clerk to advertise and receive bids for said Slurry Seal Program.
RUC RPM: nb:1638: cc -db: slurry.app
RESOLUTION NO.
A RESOLUTION OF THE COUNCIL OF THE CITY OF DIAMOND BAR
APPROVING PLANS AND SPECIFICATIONS FOR THE SLURRY SEAL
PROGRAM DECORAH ROAD, ET AL IN SAID CITY AND
AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE
TO RECEIVE BIDS.
WHEREAS, it is the intention of the City of Diamond Bar to construct certain improvements
in the City of Diamond Bar.
WHEREAS, the City of Diamond Bar has prepared plans and specifications for the
construction of certain improvements.
WHEREAS, the City of the City of Diamond Bar finds that this project qualifies as a
categorically exempt project under Section 15301, Class a (c), of the State of California.
NOW, THEREFORE, BE IT RESOLVED that the plans and specifications presented to the
City of Diamond Bar be and are hereby approved as the plans and specifications for Slurry Seal
Program, Decorah Road, et al.
BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to
advertise as required by law for the receipt of sealed bids or proposals for doing of the work
specified in the aforesaid plans and specifications, which said advertisement shall be substantially
in the following words and figures, to wit:
'NOTICE INVITING SEALED BIDS OR PROPOSALS'
Pursuant to a Resolution of the City Council of the City of Diamond Bar, Los Angeles
County, California, directing this notice, NOTICE IS HEREBY GIVEN that the said City of Diamond
Bar will receive at the office of the City Clerk in the City Hall of Diamond Bar, on or before the
hour of 2:00 o'clock P.M. on the 1st day of November, 1989, sealed bids or proposals for the
construction of Slurry Seal Program, Decorah Road, et al.
Bids will be opened and publicly read immediately in the Office of the City Clerk, Suite 100,
21660 E. Copley Drive, Diamond Bar, California.
Bids must be made on a form provided for the purpose addressed to the City of Diamond
Bar, California, marked, 'Bid for Slurry Seal Program, Decorah Road, et al.'
PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of
California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to
pay not less than the general prevailing rate of per diem wages for work of a similar character in
the locality in which the public work is performed, and not less than the general prevailing rate of
per diem wages for holiday and overtime work. In that regard, the Director of the department of
Industrial Relations of the State of California is required to and has determined such general
prevailing rates of per diem wages are on file in the office of the City Clerk of the City of Diamond
Bar, Suite 100, 21660 E. Copley Drive, Diamond Bar, California, and are available to any interested
party on request. the Contracting Agency also shall cause a copy of such determinations to be
posted at the job site.
rk:nb:cc-db:res:sfurry Page 1
The Contractor shall forfeit, as penalty to the City of Diamond Bar, twenty-five dollars
($25.00) for each laborer, workman, or mechanic employed for each calendar day or portion
thereof, if such laborer, workman, or mechanic is paid less than the general prevailing rate of
wages hereinbefore stipulated for any work done under the attached contract, by him or by any
subcontractor under him, in violation of the provisions of said Labor Code.
dln accordance with the provisions of Section 1777.5 of the Labor Code as amended by
Chapter 971, Statutes of 1939, and in accordance with the regulations of the California
Apprenticeship Council, properly indentured apprentices may be employed in the prosecution of
the work.
Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code
concerning the employment of apprentices by the Contractor or any subcontractor under him.
Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen
in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site
of the public works project and which administers the apprenticeship program in that trade for a
certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will
be used in the performance of the contract. The ratio of apprentices to journeymen in such cases
shall not be less than one to five except:
A. When unemployment in the area of coverage by the joint
apprenticeship committee has exceeded an average of 15 percent
in the 90 days prior to the request for certificate, or
B. When the number of apprentices in training in the area exceeds a
ratio of one to five, or
C. When the trade can show that it is replacing at least 1/30 of its
membership through apprenticeship training on an annual basis
statewide or locally, or
D. When the Contractor provides evidence that he employs registered
apprentices on all of his contracts on an annual average of not less
than one apprentice to eight journeymen.
The Contractor is required to make contributions to funds established for the administration
of apprenticeship programs if he employs registered apprentices or journeymen in any
apprenticeable trade on such contracts and if other Contractors on the public works site are
making such contributions.
The Contractor and subcontractor under him shall comply with the requirements of Sections
1777.5 and 1777.6 in the employment of apprentices.
Information relative to apprenticeship standards, wage schedules, and other requirements
may be obtained from the Director of Industrial Relations, ex -officio the Administrator of
Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its
branch offices.
rk.nb.cc-db:res:slurry Page 2
Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the
execution of this contract and the Contractor and any subcontractor under him shall comply with
and be governed by the laws of the State of California having to do with working hours as set
forth in division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as
amended.
The Contractor shall forfeit, as a penalty to the City of Diamond Bar, twenty-five dollars
($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by
him or any subcontractor under him, upon any of the work hereinbefore mentioned, for each
calendar day during which said laborer, workman, or mechanic is required or permitted to labor
more than eight (8) hours in violation of said Labor Code.
Contractor agrees to pay travel and subsistence pay to each workman needed to execute
the work required by this contract as such travel and subsistence payments are defined in the
applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8.
The bidder must submit with his proposal cash, cashier's check, certified check, or bidder's
bond, payable to the City of Diamond Bar for an amount equal to at least ten percent (100/0) of the
amount of said bid as a guarantee that the bidder will enter into the proposed contract if the same
is awarded to him, and in event of failure to enter into such contract said cash, cashier's check,
certified check, or bond shall become the property of the City of Diamond Bar.
If the City of Diamond Bar awards the contract to the next lowest bidder, the amount of the
lowest bidder's security shall be applied by the City of diamond Bar to the difference between the
low bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder.
The amount of the bond to be given to secure a faithful performance of the contract for
said work shall be one hundred percent (100%) of the contract price thereof, and an additional
bond in an amount equal to fifty percent (50%) of the contract price for said work shall be given
to secure the payment of claims for any materials or supplies furnished for the performance of the
work contracted to be done by the Contractor, or any work or labor of any kind done thereon, and
the Contractor will also be required to furnish a certificate that he carries compensation insurance
covering his employees upon work to be done under contract which may be entered into between
him and the said City of Diamond Bar for the construction of said work.
No proposal will be considered from a Contractor who is not licensed as a Class A, C12
or C32 contractor at time of award in accordance with the provisions of the Contractor's License
Law (California Business and Professions Code, Section 7000 et seq.) and rules and regulations
adopted pursuant thereto or to whom a proposal form has not been issued by the City of Diamond
Bar.
The work is to be done in accordance with the profiles, plans, and specifications of the City
of Diamond Bar on file in the office of the City Clerk at the City Hall, Diamond Bar, California.
Copies of the plans and specifications will be furnished upon application to the City of Diamond
Bar and payment of $5.00, said $5.00 is nonrefundable.
Upon written request by the bidder, copies of the plans and specifications will be mailed
when said request is accompanied by payment stipulated above, together with an additional
nonreimbursable payment of $5.00 to cover the cost of mailing charges and overhead.
The successful bidder will be required to enter into a contract satisfactory to the City of
Diamond Bar.
rk.nb:cc-db:res:slurry Page 3
in accordance with the requirements of Section 9-3 of the General Provisions, a set forth
in the Plans and Specifications regarding the work contracted to be done by the Contractor, the
Contractor may, upon the Contractor's request and at the Contractor's sole cost and expense,
substitute authorized securities in lieu of monies withheld (performance retention).
The City of diamond Bar, California, reserves the right to reject any and all bids.
By order of the City Council of the City of Diamond Bar, California.
Dated this 17th day of October, 1989
PASSED, ADOPTED and APPROVED by the City Council of the City of Diamond Bar,
California, this 17th day of October, 1989.
Mayor
ATTEST:
City Clerk
I, Lynda Burges, City Clerk of the City of diamond Bar, California, do hereby certify that the
foregoing Resolution was duly and regularly passed and adopted by the Council of the City of
Diamond Bar, California, at its regular meeting held on the 17th day of October, 1989, by the
following vote, to wit:
AYES:.
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
ABSTAINED:
COUNCIL MEMBERS:
City Clerk, City of Diamond Bar,
California
rk:nb:cc-db:res:slurry Page 4
THOMAS A. TIDEMANSON, Director
CECIL E. BUGH, Chid Deputy Director
MAS NAGAMI, Assistant Director
COUNTY OF LOS ANGELES
September 28, 1989
DEPARTMENT OF PUBLIC WORKS
908 SOUTH FREMONT AVENUE
ALHAMBRA, CALIFORNIA 91893-1331
Telephone: (818)158-5106
Honorable City Council
City of Diamond Bar
21660 East Copley Drive, Suite 330
Diamond Bar, CA 91765
Dear Council Members:
CASH CONTRACT 4958
DECORAH ROAD, ET AL.
RECOMMENDATIONS:
That your City Council:
ADDRESS ALL CORRESPONDENCE TO:
P.O. BOX U60
ALHAMBRA, CALIFORNIA 91802.1166
IN REPLY PLEASE
REFER TO FILE: C-1
830.1/4958
1. Find that this project is Categorically Exempt pursuant to the
State Guidelines for Implementation of the California Environmental
Quality Act.
2. Approve the project and adopt the plans and specifications for
Cash Contract 4958.
3. Set a date on which to receive bids.
4. Instruct the City Clerk to advertise.
Enclosed are two sets of plans, specifications, engineer's estimate, and Notice
Inviting Bids for the slurry sealing of the existing pavement.
This project qualifies as a Categorically Exempt Project under Section 15301,
Class 1(c), of the State Guidelines.
Upon approval of these recommendations, please return one approved copy of this
letter to this Department.
Respectfully submitted,
. A. TIDEMnPiblic
Director of Works
Enc.
GWA:aa/156
,yYYYy
x _
x
THOMAS A. TIDEMANSON, Director
CECIL E. BUGH, Chid Deputy Director
MAS NAGAMI, Assistant Director
COUNTY OF LOS ANGELES
September 28, 1989
DEPARTMENT OF PUBLIC WORKS
908 SOUTH FREMONT AVENUE
ALHAMBRA, CALIFORNIA 91893-1331
Telephone: (818)158-5106
Honorable City Council
City of Diamond Bar
21660 East Copley Drive, Suite 330
Diamond Bar, CA 91765
Dear Council Members:
CASH CONTRACT 4958
DECORAH ROAD, ET AL.
RECOMMENDATIONS:
That your City Council:
ADDRESS ALL CORRESPONDENCE TO:
P.O. BOX U60
ALHAMBRA, CALIFORNIA 91802.1166
IN REPLY PLEASE
REFER TO FILE: C-1
830.1/4958
1. Find that this project is Categorically Exempt pursuant to the
State Guidelines for Implementation of the California Environmental
Quality Act.
2. Approve the project and adopt the plans and specifications for
Cash Contract 4958.
3. Set a date on which to receive bids.
4. Instruct the City Clerk to advertise.
Enclosed are two sets of plans, specifications, engineer's estimate, and Notice
Inviting Bids for the slurry sealing of the existing pavement.
This project qualifies as a Categorically Exempt Project under Section 15301,
Class 1(c), of the State Guidelines.
Upon approval of these recommendations, please return one approved copy of this
letter to this Department.
Respectfully submitted,
. A. TIDEMnPiblic
Director of Works
Enc.
GWA:aa/156
THOMAS A. TIDEMANSON, Director
CECIL E. BUGH, Chief Deputy Director
MAS NAGAMI, Assistant Director
COUNTY OF LOS ANGELES
September 28, 1989
DEPARTMENT OF PUBLIC WORKS
900 SOUTH FREMONT AVENUE
ALHAMBRA, CALIFORNIA 91803-1331
Telephone: (818) 458-5100
Honorable City Council
City of Diamond Bar
21660 East Copley Drive, Suite 330
Diamond Bar, CA 91765
Dear Council Members:
CASH CONTRACT 4958
DECORAH ROAD, ET AL.
RECOMMENDATIONS:
That your City Council:
ADDRESS ALL CORRESPONDENCE TO:
P.O. BOX 1160
ALHAMBRA, CALIFORNIA 91802-1160
IN REPLY PLEASE
REFER TO FILE: C— 1
1830.1/4958
1. Find that this project is Categorically Exempt pursuant to the
State Guidelines for Implementation of the California Environmental
Quality Act.
2. Approve the project and adopt the plans and specifications for
Cash Contract 4958.
3. Set a date on which to receive bids.
4. Instruct the City Clerk to advertise.
Enclosed are two sets of plans, specifications, engineer's estimate, and Notice
Inviting Bids for the slurry sealing of the existing pavement.
This project qualifies as a Categorically Exempt Project under Section 15301,
Class 1(c), of the State Guidelines.
Upon approval of these recommendations, please return one approved copy of this
letter to this Department.
Respectfully submitted,
_ r
a T. -ATIDEMANS N
'!
Director of ;P blic Works
Enc.
GWA:aa/156
CITY OF
DIAMOND BAR
CASH CONTRACT N0. 4958
DECORAH ROAD, ET AL.
Approved Z: g
T. A. TIDEMANSON
By
Depu Direcfo►
CASH CONTRACT NO. 4958
DECORAi ROAD, ET AL.
TABLE OF CONTENTS
A. SPECIAL PROVISIONS
Section G - General
Section R - Roadway
B. INSTRUCTIONS TO BIDDERS
C. BID PROPOSAL
CASH CONTRACT N0. 4058
DECORAH ROAD, ET AL.
SPECIAL PROVISIONS
GENERAL
Pages G-1 through G- 15
G-1
AGENCY: CITY OF DIAMOND RA,R
SPECIAL PROVISIONS FOR CASH CONTRACT NO. 49 58
(DECORAH ROAD, ET AL.)
LIMITS
On Decorah Road, et al., for a total length of 8.47 miles.
WORK TO BE PERFORMED
The work to be performed or executed under these specifications consists of and
includes slurry sealing of the existing pavement and other incidental
and appurtenant work necessary for the proper construction of the
contemplated improvements, as indicated on the accompanying plans.
PLANS
Included herewith and as a part hereof are the following plans showing the
location, extent, nature and details of the work to be done:
PLAN
HE (Included herein on pages R-4 through R-10)
G-2
SPECIAL PROVISIONS FOR CASH CONTRACT NO. 4958__
SPECIFICATIONS
The work to be done shall be performed or executed in accordance with these
Special Provisions and the following which is included by reference only:
The "Standard Specifications for Public Works Construction", 1988 Edition,
hereinafter referred to as the Standard Specifications. The Standard
Specifications are published by Building News, Inc., 3055 Overland Avenue,
Los Angeles, California 90034.
ADDENDA
The Engineer may, without Board approval, issue addenda to the con—
tract documents during the period of advertising for bids, for the
purpose of: (a) revising prevailing wage scales or (b) clarifying
or correcting Special Provisions, Plans or Bid Proposal; provided
that any such addenda do not change the original scope and intent
of the project.
Purchasers of contract documents will be notified and furnished
copies of such addenda, either by certified mail or personal deliv—
ery, during the period of advertising.
TIME LIMIT AND NOTICE TO PROCEED
All work shall be complete within working days. A move -in period
of -1 r,_ calendar days will be alTowed starting on the date in the Notice to
Proceed. The Contractor will not be allowed to start work prior to the date of
the Notice to Proceed and until he has returned the executed contract and has
submitted contract bonds and liability insurance acceptable to the Agency. The
counting of working days shall start on the date the Contractor elects to start
work or the last day of the move -in period, whichever occurs first. The
Contractor shall utilize the move=in period to ensure that all materials
required for the project will be available for the scheduled work. No
additional working days will be allowed for material delay once the Contractor
commences work. The Contractor shall notify the Engineer at least 5 working
days prior to the start of work.
Nothing in this section will relieve the Contractor of its obligations relative
to starting work as required elsewhere in these specifications.
G-3
SPECIAL PROVISIONS FOR CASH CONTRACT NO. 4958
CONTRACT DOCUMENTS
Documents which shall be signed and returned to the Agency at the
time of Bid are:
Schedule of Prices
Bidder's Bond
List of Subcontractors
Noncollusion Affidavit
Documents which are to be signed and returned to the Agency by the
awardee are:
Contract Agreement
Bond for Faithful Performance
Payment Bond (for Labor and Material)*
Certificate of Public Liability and Property Damage Insurance
Statement relative to Workmen's Compensation Insurance
* Required only when bid price is in excess of $25,000.00
CITY REPRESENTATIVE
Wherever the word "Board" appears in these Special Provisions, it
shall mean the City or its authorized City Representative.
CONTRACTUAL AGENT
Pursuant to contractual arrangements between the County of Los
Angeles and the City, inspection and technical services may be
performed by the Departments, officers and agents of the County.
CHANGES IN THE WORK
Subsection 3-2.1 of the Standard Specifications is supplemented
by the following:
Notwithstanding the limitation imposed by this Subsection, the
Engineer may, without Board approval, order changes in the work
which increase the contract cost by not more than 10 percent of
the contract amount.
G-4
SPECIAL PROVISIONS FOR CASH CONTRACT NO. 4958_
SUBCONTRACTORS
In Subsection 2-3.1 of the Standard Specifications, delete the second paragraph
and amend the third paragraph to read as follows:
The Bidder shall set forth in the Bid, as provided in Section 4104:
"(a) The name and the location of the place of business of each
subcontractor who will perform work or labor or render service to the prime
contractor in or about the construction of the work or improvement, or a
subcontractor licensed by the State of California who, under subcontract to the
prime contractor, specially fabricates and installs a portion of the work or
improvement according to detailed drawings contained in the plans and
specifications, in an amount in excess of one-half of 1 percent of the prime
contractor's total bid or, in the case of bids or offers for the construction
of streets or highways, including bridges, in excess of one-half of 1 percent
of the prime contractor's total bid or ten thousand dollars ($10,000),
whichever is greater.
(b) The portion of the work which will be done by each subcontractor
under this act. The prime contractor shall list only one subcontractor for
each portion as is defined by the prime contractor in his or her bid."
The first sentence of the first paragraph, the last sentence of the third
paragraph, and the fourth paragraph of Subsection 2-3.2 of the Standard
Specifications are also deleted.
ESTIMATED QUANTITIES
The estimated quantities of work and materials to be performed,
constructed or furnished by the Contractor under these specifications
are as follows:
ITEM OPERATION, ARTICLE OR MATERIAL UNIT AND
NUMBER TO BE PERFORMED, CONSTRUCTED OR FURNISHED QUA4TITY
1 QUICK SET EMULSION AGGREGATE SLURRY, ELT 1,055
TYPE II
G-5
SPECIAL PROVISIONS FOR CASA CONTRACT NO. 4958
UTILITIES
Section 5 of the Standard Specifications is supplemented and
amended by the following provisions:
Subsection 5-1 is revised to read:
5-1 LOCATION. Known underground utilities are identified in
the Special Provisions or on the plans and will be marked on
the project site prior to construction in accordance with the
requirements of Section 4215 of the Government Code.
where underground main distribution conduits such as water,
gas, sewer, electric power, telephone or cable television
are shown on the plans, the Contractor, for the purpose of
preparing a bid, shall assume that every property parcel will
be served by a service connection for each type of utility.
Prior to the start of work by the Contractor, the Agency
will require the utility owners to locate, mark and provide
an acceptable indication of the depth of utilities, including
service connections, which may be affected by the Contractor's
operations. The Agency may also require the Contractor to
locate or pothole utilities, in which case payment will be
made as provided in Subsection 3-3, Extra Work.
The Contractor shall contact Underground Service Alert of Southern
California at 1-800-422-4133 two working days prior to performing
any construction, resurfacing or sealing within road right of way.
With respect to Subsections 5-5 and 6-6.3 relative to payment to
the Contractor for actual loss due to utility delay, such payment
for a protracted utility delay shall be calculated based on wage
increases, price increases of material and equipment, additional
insurance costs and actual direct costs of maintaining the construc-
tion site incurred as a result of such utility delay.
Some existing utility facilities will remain in place and the
Contractor will be required to work around and pave up to said
facilities. During paving operations, Contractor shall cooperate
with and notify owners of sleeve type valve covers to adjust covers
to grade.
The utility companies and their facilities which are or will be
located on the site of the project and any anticipated relocations
thereof are as follows:
Southern California Edison Co.
Southern California Gas Co.
Walnut Valley Water Dist.
General Telephone Co.
Jones Intercable
G-6
SPECIAL PROVISIONS FOR CASH CONTRACT NO. 4958
PERMANENT SURVEY MARKERS
The second paragraph of Subsection 2-9.1 of, the Standard Specifi-
cations is amended to read:
When a change is made in the finished elevation of the pavement
of any roadway in which a permanent survey monument is located, the
Engineer will adjust the monument cover to the new grade.
EXTENSIONS OF TIME
Subsection 6-6.2 of the Standard Specifications is supplemented by the
following:
Such extensions of time will be reflected as non -working days on
the Statement of Working Days.
WORKING DAY
Subsection 6-7.2 of the Standard Specifications is supplemented
by adding to subheadings 5) and 6) the following:
...as defined in Subsection 6-6.1 and the following:
(a) Inclement weather or conditions resulting immediately
. therefrom.
(b) Installation, relocation and/or alteration of public
and/or private utilities by others.
LIQUIDATED DAMAGES
Subsection 6-9 of the Standard Specifications is supplemented by
the following:
The amount of the liquidated damages is hereby revised to 1250 per calendar day.
It is further agreed that in case the work called for under
the contract is not finished and completed in all parts and
requirements within the number of working days specified, the
Agency shall have the right to increase the number of working
days or not, as it may deem best to serve the interest of the
Agency, and if it decides to increase the said number of working
days in lieu of charging liquidated damages, it shall further
have the right to charge to the Contractor, its heirs, assignees
or sureties and to deduct frcm the final payment for the work
all or any part, as the Agency may deem proper, of the actual
cost of engineering, inspection, superintendence, and other
overhead expenses which are directly chargeable to the contract,
and which accrue during the period of such extension, except
that cost of final surveys and preparation of final estimate
shall not be included in such charges.
G-7
SPECIAL PROVISIONS FOR CASH CONTRACT NO. 495s -
USE OF IMPROVEMENT DURING CONSTRUCTION
Subsection 6-10 of the Standard Specifications is supplemented by
the following:
Action by the Agency to take over and utilize any part of the
project shall become effective only upon issuance of a written
notice, signed by the Engineer, setting forth a description of the
completed improvements to be taken over, the effective date, loca-
tion and limits therof.
LABOR LAWS
Subsection 7-2.2 of the Standard Specifications is supplemented by
the following:
7-2.2.1 Hours of Labor. Eight hours constitutes a legal day's
work. The Contractor shall forfeit, as a penalty to the Agency,
$25.00 for each worker employed in the execution of the contract by
the Contractor or any of its subcontractors for each calendar day
during which such worker is required or permitted to work more than
8 hours in any one calendar day and 40 hours in any one calendar week
in violation of the provisions of the Labor Code, and in particular,
Sections 1810 to 1815 thereof, inclusive, except that work performed
by employees of contractors in excess of 8 hours per day and 40 hours
during any one week shall per permitted, upon compensation for all
hours worked in excess of 8 hours per day at not less than 1-1/2 times
the basic rate of pay, as provided in said Section 1815.
7-2.2.2 Prevailing Wages. The Contractor shall comply with
Labor Code Section 1775: "The Contractor shall, as a penalty to the
State or political subdivision on whose behalf the contract is made
or awarded, forfeit twenty-five dollars ($25) for each calendar day,
or portion' thereof, for each workman paid less than the prevailing
rates as determined by the director for such work or craft in which
such workman is employed for any public work done under the contract
by him or by any subcontractor under him. The difference between such
prevailing wage rates and the amount paid to each workman for each
calendar day or portion thereof for which each workman was paid less
than the prevailing wage rate shall be paid to each workman by the
contractor."
7-2.2.3 Prevailing Wage Rates. In accordance with Section 1773.1
of the Labor Code, the Contractor shall post a'copy of the prevailing
wage rates at the job site. The Agency will furnish copies of said
wage rates for the Contractor's use.
G-8
SPECIAL PROVISIONS FOR CASH CONTRACT NO. 4958
WORK RECORDS
Subsection 7-2 of the Standard Specifications is supplemented by
the following:
7-2.3 Work Records. Pursuant to Section 1812 of the California
Labor Code, on every day worked the Contractor shall submit to the
Engineer a written record of all employees working on the project
that day. The record shall include each employee's name, Social
Security number, job classification and the number of hours worked.
LIABILITY INSURANCE
Subsection 7-3 of the Standard Specifications is amended by the
following:
The last sentence of the fourth paragraph is amended to read:
The Agency will not be liable for any accident, loss or damage
to the work prior to the time that the Contractor is relieved of
responsibility to protect the work as provided in Subsections 6-8
and 6-10 except for certain "Acts of God" in conformance with
Sections 4150 and 4151 of the Government Code.
PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS
Subsection 7-9 of the Standard Specifications is supplemented by
the following:
Except as may otherwise be provided in specific instances, nothing
in the Contract shall be construed as vesting in the Contractor any
property right in any material, article or structure existing at the
time of award of Contract within the area in which the work is to be
done; or in any material or article subsequently furnished for the
work by the Contractor after having been accounted for on an app
estimate supporting the Contractor's demand for payment as provided in
Subsection 9-3. In the latter event any uchmaterial, article,ter
structure or work shall become the property
of so accounted for.
SAFE'T'Y ORDERS
Subsection 7-10.4.1 of the Standard Specifications is supplemented
by the following:
The Contractor shall provide all safety measures necessary to
protect the public and workers within the construction area.
G-9
SPECIAL PROVISIONS FOR CASH CONTRACT NO. 4958_
PUBLIC CONVENIENCE AND SAFETY
Subsection 7-10 of the Standard Specifications is amended and
supplemented by the following paragraphs:
ACCESS
At least 24 hours in advance of closing or restricting access to
any property, the Contractor shall notify the owner or resident
of said property.
DETOUR
In no case shall traffic be diverted from the existing traveled
way without prior approval of the Engineer.
TRAFFIC FLOW
In order to facilitate the flow of traffic during the contractual
period, the Agency reserves the right to extend the limits of the
project to include any areas where signing and delineating is
deemed necessary by the Engineer.
AGENCY SERVICES
The Agency will provide at no cost to the Contractor traffic
striping and marking Monday through Thursday excluding legal holidays.
The Engineer, upon application by the Contractor, will make
arrangements for these services. A minimum of 48 hours advance
notice, exclusive of Saturday, Sunday or any holiday, is required
for the above services.
Full compensation for ccmplying with the above requirements shall be
considered as included in the various items of work unless otherwise
specified above.
G-10
Co -SF
SPECIAL PROVISIONS FOR CASH CONTRACT NO. 4958
TRAFFIC SAFETY DEVICES
Subsection 7-10 of the Standard Specifications is supplemented by
the following:
7-10.5 Traffic Safety Devices. The Contractor shall provide
and maintain all signs, barricades, pedestals, flashers, delineators
and other necessary facilities for the protection of the motoring
public within the limits of the construction area. The Contractor
shall also post proper signs to notify the public regarding detours
and the condition of the roadway, all in accordance with the provis-
ions of the Vehicle Code. The Contractor shall conduct all operations
so as to provide reasonable access to the adjacent properties and
have no greater length or quantity of work under construction than
can be properly prosecuted with a minimum of inconvenience to the
public and other contractors engaged on adjacent or related work.
All signs to be used on the job during periods of darkness shall be made
with high intensity reflective sheeting. All signs, barricades and methods
shall conform to the requirements of the current "MANUAL OF TRAFFIC CONTROLS -
For Construction and Maintenance Work Zones" issued by the State of California,
Department of Transportation. This publication is available from Building News,
Inc., 3055 Overland Avenue, Los Angeles, California 90034, Phone (213) 202-7775.
All delineators placed close to the edge of a traffic lane shall
be composed of a material that will withstand impact without damage
to the delineators, the striking vehicle or passing traffic. They
shall be either flexible or collapsible upon impact with a vehicle.
However, the material, thickness and shape shall provide sufficient
rigidity to remain upright while unattended. Furthermore, the shape
of the base shall be such as to preclude roll after impact.
If any portable delineators are damaged, displaced or are not in
an upright position, from any cause, said delineators shall immediately
be replaced or restored to their original location, in an upright posi-
tion, by the Contractor. The use of traffic cones, while unattended,
to delineate traffic will be subject to the approval of the Engineer.
The vertical portion of the portable delineators shall be of a
brilliant orange or predominately orange color. The posts shall be
not less than 2-1/4 inches in width or diameter or, if tapered, shall
have a cross-sectional area of not less than 100 square inches, meas-
ured through the vertical axis of the delineator, normal to the road-
way. The minimum height shall be 37 inches above the traveled way.
Two 4 -inch nominal width reflective bands shall be mounted a minimum
of 1-1/2 inches apart and at a height on the post so that one reflect-
ive band will be between 2.5 feet and 3 feet above the surface.
G -1 'I
SPECIAL PROVISIONS FOR CASH CONTRACT NO. 4gcg _
TRAFFIC SAFETY DEVICES (Cont.)
Reflective bands shall be fabricated from flexible vinyl plastic
sheeting, either silver -white or yellow, having not less than the
following dry relectance values at a 0.2 degree divergence angle,
expressed in units of candlepower per footcandle per square foot.
The reflectance values shall be determined by Calif. Test 642. The
wet reflectance values shall be not less than 90 percent of the dry
values when tested in accordance with the Federal Highway Adminis-
tration Specification FP -79, Section 718.01(c).
DRY REFLECTANCE VALUE
Angle of Incidence (degrees)
-4 30
Silver -White 250 95
Yellow 170 64
Only one type of portable delineator shall be used on the project.
The type of portable delineator proposed for use on the project shall
be submitted to the Engineer for approval prior to placement on the
project. The portable delineators shall be spaced as necessary for
proper delineation. The spacing between delineators shall not exceed
100 feet on tangents or 50 'feet on curves.
Every effort will be made by the Engineer to provide the striping
for new pavement or restriping for existing pavement as requested, but
it shall be the Contractor's responsibility to maintain the afore-
mentioned delineators until such time as the striping is actually
accomplished unless otherwise approved by the Engineer.
Any action on the part of the Engineer in directing the Contrac-
tor's attention to inadequacy of the required devices and services or
any action of the Agency to alleviate the Contractor's inadequacies
shall not relieve the Contractor from responsibility for public
safety or abrogate its obligation to provide and maintain these
devices and services. If the Contractor fails to provide and maintain
these devices and services and the Agency is required to alleviate
said condition, the total charges of labor, equipment and materials,
including overhead and transportation, accrued by the Agency for such
work will be deducted from the contract payments to the Contractor.
All costs incurred in complying with the above requirements shall
be considered as included in the various related items of work.
G-12
SPECIAL PROVISIONS FOR CASH CONTRACT NO. 4958
PAYROLL RECORDS
Subsection 7-15 of the Standard Specifications is amended to read as
follows:
7-15 Payroll Records. The Contractor's attention is directed
to the following provisions of Labor Code Section 1776 (Stats. 1978,
Ch. 1249):
"(a) Each contractor and subcontractor shall keep an accurate payroll
record, showing the name, address, social security number, work class-
ification, straight time and overtime hours worked each day and week,
and the actual per diem wages paid to each journeyman, apprentice,
worker, or other employee employed by him or her in connection with
the public work.
(b) The payroll records enumerated under subdivision (a) shall be cer-
tified and shall be available for inspection at all reasonable hours
at the principal office of the contractor on the following basis:
(1) A Certified copy of an employee's payroll record shall be made
available for inspection or furnished to such employee or his or
her authorized representative on request.
(2) A Certified copy of all payroll records enumerated in sub-
division (a) shall be made available for inspection or furnished
upon request to a representative of the body. awarding the contract,
the Division of Labor Standards Enforcement and the Division of
Apprenticeship Standards of the Department of Industrial Relations.
(3) A Certified copy of all payroll records enumerated in sub-
division (a) shall be made available upon request to the public for
inspection or copies thereof made; provided, however, that a request
by the public shall be made through either the body awarding the
contract, the Division of Apprenticeship Standards, or the Division
of Labor Standards Enforcement. The public shall not be given access
to such records at the principal office of the contractor.
(c) Each contractor shall file a certified copy of the records enum-
erated in subdivision (a) with the entity that requested such records
within 10 days after receipt of a written request.
(d) Any copy of records made available 'for inspection as copies and
furnished upon request to the public or any public agency by the
awarding body, the Division of Apprenticeship Standards or the
Division of Labor Standards Enforcement shall be marked or obliterated
in such a manner as to prevent disclosure of an individual's name,
address and social security number. The name and address of the
contractor awarded the contract or performing the contract shall not
be marked or obliterated.
G-13
SPECIAL PROVISIONS FOR CASH CONTRACT NO. 4958
PAYROLL RECORDS (Cont.)
(e) The contractor shall inform the body awarding the contract of the
location of the records enumerated under subdivision (a), including
the street address, City and County, and shall, within five working
days provide a notice of a change of location and address.
(f) In the event of noncompliance with the requirements of this
section, the contractor shall have 10 days in which to comply subse-
quent to receipt of written notice specifying in what respects such
contractor must comply with this section. Should noncompliance still
be evident after such 10 -day period, the contractor shall, as a penalty
to the state or political subdivision on whose behalf the contract is
made or awarded, forfeit twenty-five .dollars ($25) for each calendar
day, or portion thereof, for each worker, until strict compliance is
effectuated. Upon the request of the Division of Apprenticeship
Standards or the Division of Labor Standards Enforcement, such penalties
shall be withheld from progress payments then due."
Furthermore, in accordance with said Section 1776, the Contractor
shall be responsible for the compliance with these provisions by all
subcontractors.
PAYMENT
Subsection 9-3.1 of the Standard Specifications is amended as follows:
The last two lines of the sixth paragraph are amended to read:
any way prior to the time that the Contractor is relieved of
responsibility to protect the work as provided in Subsections
6-8 and 6-10.
The last paragraph is amended to read:
Following acceptance of the work by.the Board, or as prescribed
by law, the amount deducted from the final estimate and retained by
the Agency will be paid to the Contractor, except such amounts as are
required by law to be withheld by properly executed and filed notices
to stop payment, or as may be authorized by the contract to be further
retained.
The last paragraph of Subsection 9-3.2 is revised to read as follows:
As provided for in Section 22300 of the California Public Contract Code, the
Contractor may substitute securities for aqy monies withheld by the Agency to
ensure performance under the Contract.
Subsection 9-3.3 of the Standard Specifications is supplemented by
the following:
When approved by the Engineer, payment may be made for materials
and equipment delivered to and stored at the project site, or other
approved location, for use on the project but not yet incorporated in
the work. Before accounting for these materials and equipment on the
monthly estimate, the Contractor shall furnish to the Engineer invoices
therefor. The payment will be limited to the cost shown on said
invoices until properly incorporated in the work.
G-14
SPECIAL PROVISIONS FOR CASH CONTRACT NO. 4958
PAYMENT (Cont.)
Subsection 9-3.5 is added to read:
9-3.5 Contractor's Claims. Within 30 days after the final estimate has
been submitted to him, the Contractor shall submit to the Engineer his
written approval of the final estimate or a written statement of all claims
he has arising under the contract. No claim will be considered that was
not included in the written statement of claims, nor will any claim be
allowed when a notice or protest is required elsewhere in the Specifications
and the Contractor has not complied with the notice or protest requirements.
If the Contractor files claims within the 30 -day period, the Engineer will
issue a semifinal estimate containing all undisputed amounts due under the
contract and the Agency will pay the sum found to be due less the final
retention and any amounts required by law to be withheld by properly executed
and filed notices to stop payment.
Claims filed by the Contractor shall be in sufficient detail to enable the
Engineer to ascertain the basis and amount of the claims. The Engineer will
consider and determine the validity of the claims. Failure to submit
additional information and details requested by the Engineer will be sufficient
cause for denying the claims.
The City Engineer will make the final determination of any claims which remain
in dispute after completion of claim review by the Engineer. A board or person
designated by the City Engineer will review the claims and make a written
recommendation to him. The Contractor may meet with the review board or person
to make a presentation in support of the claims.
Upon the City Engineer's final determination of the amount due under the
claims, the final estimate will be prepared and the project submitted to the
City Counsel for acceptance.
EMPLOYMENT OF ALIENS
Contractor warrants that it fully complies with all laws regarding employment
of aliens and others, and that all its employees performing services hereunder
meet the citizenship or alien status requirements contained in federal and
state statutes and regulations including, but not limited to, the Immigration
Reform and Control Act of 1986 (P.L. 99-603). Contractor shall obtain, from
all covered employees performing services hereunder, all verification and
other documentation of employment eligibility status required by federal
statutes and regulations as they currently exist and as they may be hereafter
amended. Contractor shall retain such documentation for all covered employees
for the period prescribed by law. Contractor shall indemnify, defend, and hold
harmless, the County, its officers and employees from employer sanctions and
any other liability which may be assessed against Contractor or County or
both in connection with any alleged violation of federal stautes or regulations
pertaining to the eligibility for employment of persons performing services
under this agreement.
City G-1 5
aa/357
CASH CONTRACT N0. 4958
DECORAH ROAD, ET AL.
SPECIAL PROVISIONS
ROADWAY
Pages R-1 through R-10
R-1
SPECIAL PROVISIONS FOR CASH CONTRACT NO. 495s
QUICK SET EMULSION AGGREGATE SLURRY
Subsection 203-5.2 of the Standard Specifications is amended to delete
slow set type emulsified asphalt.
Subsection 302-4 of the Standard Specifications is supplemented by
the following:
Any necessary preparation of existing pavement will be done by
Agency forces, however, the Contractor shall thoroughly sweep or
clean the surface, to the satisfaction of the Engineer, prior to
application of the slurry.
Transit mix trucks shall not be used.
All weighmaster's certificates required by the Standard Specifi-
cations or these Special Provisions shall be furnished by the
Contractor at no cost to the Agency.
The application rate of Type II slurry has been estimated at
1,350 square feet per extra long ton. The slurry shall be applied
at this rate or as otherwise approved or directed by the Engineer.
Prior to the beginning of slurry operations, the Contractor shall
furnish current licensed weighmaster's certificates indicating
the net weight capacity of the aggregate bin of each slurry mixer.
Except for partial loads to complete a days schedule, or for
patching, each mixer shall be filled to its rated capacity and
the Engineer and the Contractor shall each keep a daily count of
the number of loads and/or partial loads applied to the streets by
each slurry mixer. Each aggregate bin shall have permanent cali-
bration marks in maximum increments of 2 tons.
Each slurry crew shall be composed of a coordinator at the project
site at all times, a competent quick set mixing operator, a compe-
tent driver and sufficient laborers for any handwork, cleanup and
barricading.
Streets having inverted shoulders shall be sealed to the edge of
the existing pavement. Spreaders to be used for this operation
shall meet the approval of the Agency. Adjacent passes shall not
overlap more than 12 inches.
At least 6 working days prior to commencing work, the Contractor
shall submit a spreading schedule to the Agency for approval.
This schedule shall allow residents on the streets to be sealed
ample "on street" parking within a reasonable distance from their
homes. Based upon the spreading schedule, the Agency will notify
residents and businesses of the proposed work and post temporary
"No Parking" signs at no cost to the Contractor. The "No Parking"
signs will be in place no less than 24 hours prior to performing
the work; therefore a request for changes in the schedule requiring
R-2
SPECIAL PROVISIONS FOR CASH CONTRACT NO. 4958
QUICK SET EMULSION AGGREGATE SLURRY (Cont.)
additional posting shall be submitted by the Contractor for
approval by the Engineer at least 48 hours prior to sealing the
streets affected.
ONCE A STREET HAS BEEN POSTED, FAILURE OF THE CONTRACTOR TO MEET
AND COMPLETE THE APPROVED DAILY SCHEDULE DUE TO CONDITIONS UNDER
THE CONTRACTORS' CONTROL, WILL RESULT IN DAMAGES BEING SUSTAINED
BY THE AGENCY. SUCH DAMAGES ARE, AND WILL CONTINUE TO BE, IMPRAC-
TICAL AND EXTREMELY DIFFICULT TO DETERMINE. FOR FAILURE TO MEET
AND COMPLETE THE SCHEDULE AFTER POSTING, THE CONTRACTOR SHALL
PAY TO THE AGENCY, OR HAVE WITHHELD FROM MONIES DUE, THE SUM OF
$500.00 AS LIQUIDATED DAMAGES FOR EACH DAY OF ADDITIONAL POSTING
REQUIRED TO COMPLETE THE PROPOSED WORK.
All trucks which the Contractor proposes to use that exceed the
legal load limit when loaded will be required to have overweight
permits from the Agency.
The Contractor shall supply the Engineer with licensed weighmas-
ter's certificates of weight for all aggregates delivered to the
job during the course of each day. Aggregate so certified as being
delivered for use in the contract shall be used only in the slurry
mixture, or when approved by the Engineer, may at no cost to the
Agency be spread over freshly applied slurry to prevent tracking
or damage to to the slurry as required in the Standard Specifica-
tions. The Contractor shall also present weighmaster's certificates
for the amount of such aggregate remaining unused at the completion
of the contract. Payment shall be determined by deducting the
amount of unused aggregate from the total amount of aggregate
delivered, all as shown on the licensed weighmaster's certificates
and shall be confirmed by multiplying the number of loads spread
by each slurry mixer times the net weight capacity of each mixer
as determined by the weighmaster's certificates. Adjustment shall
be made in the calculations for partial loads and the quantity of
aggregate used to prevent tracking shall be deducted when deter-
mining pay quantities. If there is an unaccountable difference
between the two quantities, final payment will be determined by
the method showing the lesser amount of aggregate used.
The Contractor will be required to work around all existing
utility facilities and seal up to said facilities. During sealing
operations, the Contractor shall cooperate with the owners of
any utility covers and shall cover and completely protect said
covers with heavy plastic or other suitable material. All raised
pavement markers shall be removed or covered and completely pro-
tected as directed by the Engineer. The Contractor shall exercise
care to prevent slurry from being deposited on concrete surfaces
and shall remove slurry from surfaces not designated to be sealed.
Full compensation for complying with the above requirements shall be
considered as included in the contract unit price for QUICK SET
EMULSION AGGREGATE SLURRY, TYPE II.
I
CITY OF
DIAMOND BAR
CASH CONTRACT NO. 4958
PRIME CONTRACTOR LICENSE REQUIRED: A or C-12 or C32
DECORAH ROAD ET AL
SLURRY PROJECT
TOTAL LENGTH 8.47 MILES
TOTAL SLURRY SQUARE FEET 1,423,610
PROJECT LOC
INDEX OF SHEETS
Sheet I Title Sheet
Sheets 2-4 Location Maps
Sheet 5 Typical Section
Sheets 6-7 Street List
GAAP
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APPROVED
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REFERENCES REVIEWED^lI T -G `J
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CHECKER SCALE JOB 4958SHEET 4 OF' 7 SHTS
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LOS AMES COUNTY
Page 6 of 1
DEPARTMENT
OF PUBLIC VMS
City of Diasond Bar
QUICKSET EMULSION AGGREGATR SLURRY TYPE II CATIONIC
Cash Contract No -058
DECORAH ROAD ET AL
-------------------------------
---------------------------------------------
-------------------- --------------------------------------
----------------------------- -
==--- FW - TO
LENGTH
VIDTH
SQUARE
SLURRY
RAP
STREET
FM
TONS
PAGE
---------------
---------------- ------------------------
-------------
ACOLITO PL.
--------------------
315' N/o Barer Cascade Pl,
------------------------------315
Bower Cascade Pl.
-------
------
24
-------
----------8,564 #—
6.3
3
ULM DR.
Golden Springs Dr.
-------------------
Pinto Mesa Dr.
2025.
32
--------------------------
64,804
48.0
---
2
----
BOVER CASCADE PL.
Sunset Crossing Rd.
--------------------------------------
Willapa Ln.
290
1,620
32
32
9,280
51,840
6.9
38.4
3
3
Villapa La.
El Encino Dr.
-- -----
BRIAR CREEX RD. Villar Creek Rd.
---------------------785
Decorah Rd.
32
25-i20
18.6
3
_
CANOE COVE DR. — —
---------
235' N/o Del Sol Ln.
--------- ----------------------------------------
Del Sol La.
235
26
26
7,110 #
8,800 t
5.3
6.5
2
2
Ballena Dr.
300' S/o Ballena Dr.
300
-------------------------------------------- ---------------------------------------------------------
CARPIO DR. Golden Springs Dr.
Del Sol La.
1225
32
32
39,200
I0,240
29.0
7.6
-
2
2
Del Sol La.
Pinto Kesa Dr.
32D
CHOLAME DR.
6001 Via E1 Encino Dr.
- - - - ---------------------------------
EI Encino Dr.
600
24
24
15,400 =
7,240 $
11.4
5.4
. 3 -
3
E1 Encino Dr.
260' E/o E1 Encino Dr.
260
CLOUDS REST DR.
------------
Overlook Ride Rd.
-------------------------------------------
260 S/o Overlook Ridge Rd.
260
---3D
8,800t-
- -
6.5,
4
----------------- -----------------------------------------------------------------------------
000GAS CREEK RD.
Flintlock Rd.
Del Sal La.
525
32
16,800
12.4
4
-----
DECORAH RD.
--------------------------------------------------------
Nava'o Springs Rd.
El Encino Dr.
1,280
32
40,960
30.3
3
3
El Encino Dr.
Briar Creek Rd.
2,790
32
89,280
66.1
----------------------------------------------
DEL SOL LN.
Cou as Creek Rd.
-----------------------------
Sunset Crossing Rd.
2025
32
64,800
48.0
4
3
Sunset Crossing Rd.
Decorah Rd.
2,400
32
76,800
56.9
Silver Spray Dr.
Carpio Dr.
1410
32
45,120
33.4
2
- -----------------------------------------
EL MW DR.
Del Sol La.
-------------------------------------------
120- N/o Twin Pines.
1,380
32
44,160
32.7
3
3
120' N/o Twin Pines.
Decorah Rd.
800
32
25,600
19.0
---
EMS RAPID LN.
--------------------
Strange Creek Dr.
----------7------------------------------------
Highland Valle Rd.
285
30
---
8,550
6.3
--
4
----------------------
FLIw= RD.
--------- --------------- -----
Highland Valley Rd.
-----------------------------------------
Cougas Creek Rd.
2,465
32
-----------
880
78,880
-- --
5
-
4
------------------------
GRAPEVINE DR.
—-----------------------------------------------
150' V o Hallen Dr.
Hallen Dr.
150
---
32
5800 t
,
2
------------------------
RIGH MB V.
-------------- ---------
Del Sol La.
— ----------------------
Twin Canyon La.
-----------------------
575
36
20, 700
15.3
4
4
Twin Canyon Ln.
Golden Springs Dr.
165
35
5,940
4.4
------------------------------
HICHLM VALLEY V.
---------------------------------------------------------------------
Diuond Bar Blvd.
Del Sol La.
2,185
36
660
78,660
58.3
4
----------------------------------------------------------`
JATHAVKER LN.
Flintlock Rd.
------------------------------------------
190 Sic, Flintlock Rd.
190
30
6,7D0 :
5.0
4
t Denotes footage added for knuckle and/or cul-de-sac
R-9
R-10
LOS ANGELES COUNTY
Page 7 of 7
DRPARTNENT
OF PUBLIC WORTS
City of Diaaond Bar
QUIC[SET RNULSION AGGREGATE SLURRY TYPE Il CATIONIC
Cash Contract 90.4958
DECORAH ROAD RT AL
STREET
FROM
TO
LENGTH
WIDTH
SQUARE
SLURRY
NAP
FRET
TONS
PAGE
LASPINO I.M.
Silver Spray Dr.
450' S/o Silver Spray Dr.
450
26
12,700 i
9.4
2
160' 9/o Del Sol Ln.
Del Sol Ln.
160
32
6,120 *
4.5
2
N17INBQUA DR.
Del Sol Ln.
Bower Cascade Pl.
1,950
30
58,500
43.3
3
NOONLIGHT SUMO DR.
Overlook Ridge Rd.
170' S/o Overlook Ridge Rd.
170
30
6,100 #
4.5
4
NAVAJO SPRINGS U.
Sunset Crossing Rd.
Decorah Rd.
1,650
32
52,800
39.1
3
OVRRLOOC RIDGE RD.
Highland Valley Rd.
Cougas Creek Rd.
2155
32
68,960
51.1
4
.LATINA DR.
875' RIO Willapa Ln.
Willapa Ln.
875
30
27,250 4
2012
3
Villapa Ln.
Decorah Rd.
870
32
27,840
20.6
3
-----------------------------------------------------------------------------------------------------------------------------------------
RENO RIDGE DR.
Overlook Ridge Rd.
155' S/o Overlook Ridge Rd.
155
.30
5,650 4
4.2
4
RENO RIDGE LN.
Highland Valley M.
470' S/o Highland Valley Rd.
470
30
15,100 x
11.2
4
SAPHIRR CANYON U.
Highland Valley Rd.
Del Sol Ln.
1290
32
41,280
30.6
4
---------------------------------------------------------------------------------------------------------------------------------
SILVER SPRAY DR.
Carpio Dr.
175' S/o Del Sol Ln.
1040
32
34,280 $
25.4
2
---------------------------------------------
SOLTAIRE ST.
—----------
Dianond Bar Blvd.
--------------------------------------------------------------------------------
Flintlock Rd.
210
36
7,560
5.6
4
--------------------------------------
SITME CREEK DR.
—---- --------------------------------------------------------------------------------------------
Overlook Ridge Rd.
145' R/o Elks Rapid Ln.
1010
30
31,300 #
23.2
4
----- ------------------------
TANFORAN LN.
—---------- —---------------------------------------
420' W/o Briar Creek Rd.
Briar Creek Rd.
—-----------------------------------------
420
24
11,080 $
--------
8.2
3
,LEGATE DR.
Sunset Crossing Rd.
240' R/0 Sunset Crossing Rd.
240
24
6,760 t
5.0
3
TWIN CANYON IN.
700' RIO High Knob Rd.
515' S/o High Snob Rd.
1525
30
47,750 *
35.4
4
---------------------------------------------------------------------------------------------------------------------------------
TWIN PINES LN.
---------------------------------------------------------
525' W/o Rl Encino Dr.
E1 Encino Dr.
525
24
13,600 s
10.1
3
WILLAPA LN.
Bower Cascade P1.
—--------------------- —---------------
Plating Dr.
495
—----
32
------------------
15,840
---------
11.7
3
Plating Dr.
355' S/o Plating Dr.
365
24
9,760 s
7.2
3
WILLOW CREEK RD.
Del Sol Ln.
Golden Springs Dr.
1820
32
581240
43.1
3
Denotes footage added for knuckle and/or cul-de-sac
TOTALS
1,423,610
1054.5
R-10
INSTRUCTI O N S TO BIDOERS
To be used in conjunction with the
STANDARD SPMFICATiONS for PUBUC MORK CONSTRLICTION
and to be made a part of:
DECORAH ROAD, ET AL.
CASH CONTRACT NO. _ 4A 5a
AGENCY City of - DIAMOND BAR
Plans and Specifications prepared by:
LOS Angeles County Department of Public Warks
900 South Fremont Avenue
Alhambra, Califwnia 93.803
Telephone: (818) 458-3118
Pate 1 of 4 Pales
INSTRUCTIONS TO BIDDERS
PROPOSAL REQUIREMENTS AND CONDITIONS:
GENERAL: -- Proposals shall be submitted to the Agendy on forms prepared and
furnished for the purpose, which may be obtained at the office of the Agency. When
presented, they must be completely made out in the manner and form indicated therein,
showing the proposed prices clearly and legibly, and must be properly signed by
bidder. Proposals presented otherwise may not be considered.
Each proposal so submitted, together with the required proposal guaranty herein-
after prescribed, shall be presented under sealed cover; and must be filed prior to
the time, and at the place, designated in the Notice Inviting Bids. A proposal so
presented, however, may be withdrawn by the bidder, provided the request therefor is
made in writing, is signed by the bidder or his authorized representative, and is
filed prior to the time fixed for the opening of bids. The withdrawal of a bid pro-
posal does not prejudice the right of the bidder to file a new bid.
All proposals submitted as hereinabove prescribed will be publicly opened and
read at the time and place indicated in the Notice Inviting Bids.
Bidders must satisfy themselves by personal examination of, the location of the
proposed work and by such other means as they may prefer as to the actual conditions
and requirements of the work, and shall not at any time after submission of the bid
dispute, complain, or assert that there was any misunderstanding in regard to the
nature or amount of work to be done.
APPROXIMATE ESTIMATE: -- The quantities shown in the proposal form, and in the
estimate included in the specifications, shall be considered as approximate only,
being listed therein for the purpose of serving as a general indication of the amount
of work or materials to be performed or furnished, and as a basis for the comparison
of bids; and the Board does not guarantee nor agree, either expressly or by implica-
tion, that the actual amounts required will correspond therewith, but reserves the
right to increase or decrease the amount of any item or portion of work or material
to be performed or furnished, or to omit any such item or portion, in accordance with
the provisions relative thereto set forth in the Special Provisions or Standard
Specifications, under which the work is to be constructed, without in any way invali-
dating the contract, should such increase, decrease or omission be deemed necessary
or expedient.
PROPOSAL GUARANTY: -- Each proposal submitted must be accompanied either by
cash, or by a certified or cashier's check, or a surety bond, payable to the Agency,
in an amount equivalent to at least ten percent (10%) of the total aggregate bid
price of such proposal, or in such additional amount as may be otherwise provided by
law, as a guarantee that the bidder, if his proposal be accepted, will enter into and
execute the awarded contract; and no proposal will be accepted unless such cash,
check, or surety bond is enclosed therewith. However, the use of a surety bond in
this connection shall be subject to the condition that the surety thereon be approved
by the Agency's Auditor and Legal Counsel.
Should any bidder to whom an award is made fail to properly enter into and exe-
cute the awarded contract, the cash, check or bond submitted with his proposal shall
be forfeited to, and become the property of the Agency; whereupon the Agency shall
have the right to collect the amount thereof by any appropriate means.
- 2 -
INSTRUCTIONS TO BIDDERS
PROPOSAL REQUIREMENTS AND CONDITIONS (Cont.)
Following the award of contract, the proposal guarantees will be returned to the
respective bidders by whom they were submitted, except as otherwise hereinbefore pro-
vided.
DISQUALIFICATION OF BIDDERS AND PROPOSALS: -- More than one proposal for the
same work from any individual, firm, partnership, corporation, or association under
the same or different names will not be accepted; and reasonable grounds for
believing that any bidder is interested in more than one proposal for the work will
be cause for rejecting all proposals in which such bidder is interested. Apparent
collusion among the bidders will likewise be sufficient cause for rejecting any or
all bids, and the participants in such collusion may be barred from future bidding.
Proposals in which the prices are obviously unbalanced, and those which are
incomplete or show any alteration of form, erasures or irregularities of any kind, or
contain any additions or conditional or alternate bids that are not called for or
otherwise permitted, may be rejected. A proposal on which the signature of bidder
has been omitted may, at the discretion of the Agency, be rejected.
COMPETENCY OF BIDDERS: -- Bidders must be thoroughly competent and capable of
satisfactorily performing the work covered by the proposal; and when requested shall
furnish such statements relative to previous experience on similar work, the plan of
procedure proposed, and the organization, machinery, plant, and other equipment
available for the contemplated work, and the financial condition and resources of the
bidder, as may be deemed necessary by the Engineer in determining such competence and
capability.
CONTRACTOR'S LICENSE: -- Each bidder shall be licensed as a Contractor in accor-
dance with the provisions of Chapter 9 of Division 3 of the Business and Professions
Code at the time of submitting his bid.
The signature in the Bid Proposal shall clearly show the bidders name, address,
telephone number, valid State of California Contracting License number and proper
license class to perform the work under the contract'.
Any bid submitted which does not show the above information may be considered an
incomplete bid and rejected as such.
AWARD AND EXECUTION OF CONTRACT:
COMPARISON OF PROPOSALS AND AWARD CONTRACT: -- After the proposals for the con-
templated work have been opened and read as provided herein, the respective totals
thereof, determined by applying the. unit prices bid to the estimated quantities
shown, will be extended and compared; and the results will thereupon be made public.
The award of the contract, if it be awarded, will be made to the lowest respon-
sible and qualified bidder whose proposal complies with all the prescribed require-
ments, but until an award is made, the right will be reserved to reject any or all
bids, and to waive technical errors or discrepancies, if to do so is deemed to best
serve the interests of the Agency. In no event will an award be made until all
necessary investigations are made as to the responsibility and qualifications of the
bidder to whom it is proposed to make such award.
- 3 -
INSTRUCTIONS TO BIDDERS
AWARD AND EXECUTION OF CONTRACT (Cont.)
EXECUTION OF CONTRACT: -- The agreement shall be signed by the awardee and
returned to the Agency together with the contract bonds, and other contract documents
as required in the Special Provisions, within ten (10) days after it has been deli-
vered or mailed to him or his authorized agent.
No proposal shall be considered as being binding upon the Agency until the
contract is fully executed; and failure of the awardee to properly execute the
awarded contract and file acceptable bonds as provided in the Standard
Specifications shall be just and sufficient cause for the annulment of the award by
the Agency and the forfeiture of his proposal guaranty.
BID PROPOSAL FORM INSTRUCTIONS:
Bids are required for the entire work. The amount of the bid for comparison
purposes will be the total of all items.
The bidder shall set forth for each item of work, in clearly legible figures, a
unit price and a total for the item in the respective spaces provided for this pur-
pose. In the case of unit price items, the amount set forth under the "Total" column
shall be the extension of the unit price bid on the basis of the estimated quantity
for the item.
In case of discrepancy between the unit price and the total set forth for the
item, the unit price shall prevail, provided, however, if the amount set forth as a
unit price is ambiguous, uninteligible, or' uncertain for any cause, or is omitted, or
in the case where the unit price is the same amount as the entry in the "Total"
column, then the amount set forth in the "Total" column shall prevail in accordance
with the following:
(1) As to lump sum items, the amount set forth in the "Total" column shall be
the unit price.
(2) As to unit price items, the amount set forth in the "Total" column shall be
divided by the estimated quantity for the item and the price thus obtained
shall be the unit price.
TAXES:
No mention shall be made of Sales Tax or Use Tax as all bid prices submitted
will be considered as including such tax.
- 4 -
CITY OF DIAMOND BAR
P R O P O S A L
Under
CASH CONTRACT NO. 4958
DECORAH ROAD, ET AL.
TO THE CITY COUNCIL OF THE CITY OF DIAMOND BAR :
The undersigned, as bidder, declares that: (1) this proposal is made
without collusion with any other person, firm or corporation, and that the
only persons or parties interested as principals are those named herein;
'(2) bidder has carefully examined the project plans, specifications,
instructions to bidders, proposal, notice inviting bids and all other
information furnished therefor and the site of the proposed work; (g)
bidder has investigated and is satisfied as to the conditions to be
encountered,the character, quality and quantities of work to be performed
and materials to be furnished. Furthermore, bidder agrees that submission
of this proposal shall be conclusive evidence that such examination and
investigation have been made and agrees, in the event this contract be
awarded to bidder, to enter into a contract with the City Council of the
City of Diamond Bar to perform said proposed work in accordance
with the plans and the terms of the specifications, and to furnish or
provide -all materials, labor, tools, equipment, apparatus and other means
necessary so to do, except such thereof as may otherwise be furnished or
provided under the terms of said specifications, for the following stated
prices, to wit:
SCHEDULE OF PRICES
ITEM I ITEM (UNIT OF
-1 IQUICK SET EMULSIONI ELT
AGGREGATE SLURRY, TYPE II
CONTRACTOR'S NAME:
BID PROPOSAL
Pages 1 through 4
-1-
APPROX. I PRICE
QUANTITY (IN DOLLARS
1 ,055
L1l
TOTAL
PLEASE TYPE OR INK LEGIBLY IN SPACES PROVIDED
USE BLACK RIBON OR BLACK INK
CASH CONTRACT 4958
LIST OF SUBCONTRACTORS
In accordance with Division 2, Part 1, Chapter 4 of the Public Contract Code,
the prime contractor shall submit with his bid a list of subcontractors for road
and bridge construction projects who will perform work in excess of one-half of
1 percent of the prime contractor's total bid or $10,000, whichever is greater.
Subcontractors listed must be properly licensed for the type of work they are to
perform, and their license numbers must be indicated below. Do not list
alternate subcontractors for the same work.
Name under which
Subcontractor is
Licensed
License
Number and
Classification
Address o
Office, Mill
or Shop
Specific Description
of Subcontract
—2—
CASH CONTRACT NO. 4958
DECORAH ROAD, ET AL.
"NONCOLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
State of California
County of Los Angeles ss
being first duly sworn, deposes and says that
he or she is of
the party making the foregoing bid that the bid is not made in the interest of,
.or on behalf of, any undisclosed person, partnership, company, association,
organization, or corporation; that the bid is genuine and not collusive or
sham; that the bidder has not directly or indirectly induced or solicited any
other bidder to put in a false or sham bid, and has not directly or indirectly
colluded, conspired, connived, or agreed with any bidder or anyone else to put
in a sham bid,- or that anyone shall refrain from bidding; that the bidder has
not in any manner, directly or indirectly, sought by agreement, communication,
or conference with anyone to fix the bid price of the bidder or any other
bidder, or to fix any overhead, profit, or cost element of the bid price, or of
-that of any other bidder, or to secure any advantage against the public body
awarding the contract of anyone interested in the proposed contract; that all
statements contained in the bid are true; and, further, that the bidder has
not, directly or indirectly, submitted his or her bid price or any breakdown
thereof, or the contents thereof, or divulged information or data relative
thereof, or paid, and will not pay, any fee to any corporation, partnership,
company association, organization, bid depository, or to any member or agent
thereof to effectuate a collusive or sham bid."
GWA:ec/attach.4
Name of Bidder
Signature of BidFe_r___
ALL SIGNATURES MUST BE WITNESSED BY NOTARY
(Attach appropriate jurats)
-3-
CITY OF DIAMOND BAR
CASH CONTRACT NO. 4958
DECORAH ROAD, ET AL.
Accompanying this proposal is a certified or cashier's check, or a surety bond, payable to the City of
in an amount of S , equivalent to at 4east ten (10)
percent of the total aggregate bid price hereof based on the quantities shown and the unit prices quoted: and the
undersigned bidder hereby agrees that should he be awarded a contract on the basis hereot, and thereafter fads
to properly execute and return the contract agreement, together with the required bonds in connection therewith,
within ten (10) days after it has been delivered or mailed to him or his authorized agent, the City will be damaged
by the delay so caused in an amount that is impossible to definitely ascertain and which is therefore established
to be not less than that of the aforementioned check or bond and that in such event the amount of =aid check or
bond shall become the property of the City and may be collected thereby, but that otherwise it shall be returned.
Signed this day of
Signature of Bidder
Legal Business Name
Address Zip Code
Telephone
Class
California Contractor's
License Dumber
Expiration Date
19
State whether individual, firm or corporation; if a firm, give names of each member, if a Corporation, give names
of President, Secretary, Treasurer and Manager.
Proposals which do not have all of the above information filled in including the proper license class to perform
the work may be rejected. (See page 3 of "Instructions to Bidders").
—4—
CITY or DIAnvNP DAA
AGENDA SCHEDULING REQUEST
TO: CITY CLERK
FROM: Robert L Van Nort City Manager
FOR MEETING DATE: October 17 1989
JKXJ Consent Calendar ( J Special Presentations
[ ] Public Hearings ( ] Closed Session
[ J Unfinished Business [ ] Other
[ ] New Business
AGENDA TITLE:
Graffiti Removal Contract
lscat::cssassessczscssasssszsszsszszszcszzs!lssssacszzsszsssssssas
RECOMMENDED ACTION:
It is recommended the City Council adopt Resolution 89- to
execute a contract between the City of Diamond Bar and the
Boys' Club of San Gabriel Valley to perform graffiti removal
services. That the City encourage voluntary reimbursement of
property owners whose parcels are the recipients of graffiti.
s!!s!!!s!=no zzsam= man ssam= s!!l =no lsaallssmama ssss/assl/ssssmssss!!m
External Distribution - name and address of applicant or others
to be notified of meeting and decision:
CITY OF DIAMOND BAR
AGENDA REPORT
SLS ! L L S C G S L 6 6@@ S! S@ S S 6 6 S@ S! S L S L L L L C C L S @LLS 6 S G G G@ C@ G G G L G G G C G G G S 6 6 L
BACKGROUND:
The City, on occasion, is the recipient of random gang -type
graffiti. Prior to the City's incorporation, the Boys' Club,
on an "as needed" basis, responded to calls to remove said
graffiti. There currently is no contract between the City of
Diamond Bar and the Boys' Club to continue graffiti removal
services.
STAFF RECOMMENDATION:
It is recommended the City Council adopt Resolution 89- to
execute a contract between the City of Diamond Bar and the Boys'
Club of San Gabriel Valley to perform graffiti removal services.
That the City encourage voluntary reimbursement of property owners
whose parcels are the recipients of graffiti.
(Narrative continued on next page if necessarl
FISCAL IMPACTS
Amount Requested $
Budgeted Amount $
In Account Numbers
Deficits $
Revenue Sources
Robert L. Van Nort Andrew L. Arczynski
City Manager City Attorney Sr. Accountant
October 13, 1989
Mr. Robert Van Nort
City Manager
City of Diamond Bar
21660 E Copley Drive (Suite # 100)
Diamond Bar, CA 91765
Dear Mr. Van Nort:
BOYS CLUB
OF SAN GABRIEL VALLEY
Boys Club of
San Gabriel Valley
2740 Mountain View Road
Post Office Box 4703
EI Monte, California 91734
(818) 442-5470
Clayton Hollopeter
Executive Director
RE: Graffiti Removal Service
This letter is to follow up our recent conversation regarding the removal of graffiti in
your city by the Boys Club of San Gabriel Valley.
As you are aware, graffiti is a problem faced by most Southern California cities and while
Diamond Bar has been blessed by no more than a slight graffiti problem at this time, it
needs to be promptly abated whenever it occurs.
Graffiti is contagious and spreads rapidly when not removed quickly. Graffiti is also erosive
to good community mental health and it negatively affects property values.
The Boys Club of San Gabriel Valley offers a low-cost removal and maintenance program
which would be ideal for Diamond Bar. We provide this service presently to both San
Dimas and Claremont, cities like Diamond Bar with up -scale residents who desire to live
in a beautiful community.
We propose to rapidly and neatly remove graffiti from structures throughout the city.
This includes walls, fences, bus benches, buildings, poles, trash enclosures, etc. on both
public and private locations. In most cases we should be able to remove the graffiti with
48 hours; often on the some day.
A "Graffiti Hotline" is provided for 24-hour reporting. This can be utilize by city officials,
L.A. Sheriff deputies, residents and property owners. The number is (818)442-6666. This
number can be printed in material prepared by the City or homeowner associations. Since,
however, the graffiti problem is still minor, a major announcement of this program may
not be in advisable at this time.
The cost of the program would be the some as with the City of San Dimas. There is a
monthly base charge of $250.00 plus a per site charge of $15.00, $25.00 or $50.00, depending
on the size of the graffiti and what is necessary to properly repair the damage. Generally,
a small site ($15.00) would be for less than 15 square feet and are typically bus benches,
utility boxes, signal control boxes, small walls, curbs, etc. The $50.00 locations are large
walls, sides of buildings and along flood control channels, freeway sound walls, etc. Most
everything else would be $25.00 per site.
RECEIVED O) C i 1 6 1989
10 A United Way Agency
The source of funds to cover the program costs vary from city to city. Some use CDBG
funds, some use general funds and some have a community fund, support by donationd
from the business and civic improvement groups.
Our crews are available on a seven -day -a -week basis and we are ready to begin whenever
the Council approves the project.
incerely yours,
Cloyto Hollopeter
Executi a Director
October 27, 1989
Mr. Clayton Hollopeter
Executive Director
Boys Club of San Gabriel Valley
P.O. Box 4703
El Monte, CA 91734
Dear Mr. Hollopeter:
It is my pleasure to inform you that, at their regular
meeting of October 17, 1989, the Diamond Bar City Council
approved a contract with your agency for removal of
graffiti within the City in an amount not to exceed
$10,000.
I will forward the contract to you for execution as soon
as it becomes available.
In the meantime, should you have any questions, please
contact Mr. Charles Janiel, Director of Parks and
Maintenance at the above telephone number.
Sincerely,
LYNDA BURGESS, CMC
City Clerk
October 73, 7989
Mr. Robert Von Nort
City Manager
City of Diamond Bar
21660 E Copley Drive (Suite #{ 700)
Diamond Bar, CA 97765
Dear Mr. Van Nort.
N
BCNs CLUB
Of SAN GA6R _t .'n_ LEI'
Boys Club of
Son Gabriel Val"
274U MOi.ri&n Road
Prost Office 5nx 4'i13
El Moite, Cadcvda 1?17aa
(818) 442 5470
clayl rl Hi�lij'ywVE�'
Executive Dort -.cu,
RE., Graffiti Removal Service
This letter is to follow up our recent conversation regarding the removal of graffiti in
your city by the Boys Club of Son Gabriel Valley.
As you are aware, graffiti is a problem faced by most Southern California cities and while
Diamond Bar has been blesses; by no more than G slight graffiti problem at this time, it
needs to be promptly abated whenever it occurs.
Croffiti is contagious and spreads rapidly when not removed quickly. Craffiti is also erosive
to good community merntal health and it negatively affects property values.
The Boys Club of San Gabriel Valley offers a low-cost removal and maintenance program
which would be ideal for Diamond Sar. We provide this service presently to both Son
Dimas and Claremont, cities like Diamond Bar with up -scale residents who desire to live
in a beautiful community.
We propose to rapidly and neatly remove graffiti from structures throughout the city.
chis includes wolfs, fences, bus benches, buildings, poles, trash enclosures, etc. on both
public and private locations. In most cases we should be able to remove the graffiti with
46 hours; often on the same day.
A "Graffiti Hotline" is provided for 24-hour reporting. This can be utilize by city officials,
L.A. Sheriff deputies, residents and property owners.The number is (878)4426666. This
number can be printed in material prepared by the City or homeowner associations. Since,
however, the graffiti problem is still minor, a major announcement of this program may
not be in advisable at this time.
The cost of the program would be the some as with the City of San Dimas. There is a
monthly base charge of $250.00 plus a per site charge of $75.00, $25.00 or $50.00, depending
on the size of the graffif, and what is necessary to properly repair the damage. Cenerally,
a small site ($15.00; wou!d be for less than 75 square feet and are typically bus benches,
utility boxes, signal control boxes, small walls, curbs, etc. The $50.00 locations are large
walls, sides of buildings and along flood control channels, freeway sound walls, etc. Most
everything else would be $25.00 per site.
10 A Ur,ted Vdey AqF i7.r
The source of funds to cover the program costs vary from city to city. Some use CDBCr
funds, some use general funds and some have a Community fund, support by donoti, - d
from, the business and civic improvement groups.
Our crews are ovoilable on a seven -day-a- week basis and we are ready to begin whenever
the Council approves the project,
icerely yours,
?Clayto Hollopeter
ecuti a Director
xr
x x x x x== s s x x x x x x x x x s s s x x x x x x s x x x s x s s s s s a a x a s x s s s s s x s x x x x x x x x s s s x x x
CITY OF DIAMOND BAR
AGENDA REPORT
s x x s s s s a x x x s s s s x x x x x x x a a s s s s s s s a x x x a x s a x x x x x x x x x a a a a s a s s s s s a s a a x x
BACKGROUND
The City is currently involved in a month-to-month rental of a
Toshiba copier for which we pay $195.00 plus a surcharge of $.025
per copy each month. Supplies are not included in the rental
charge. This amounts to an average monthly cost of $262.00.
It has been determined that the following features are necessary
in order for staff to efficiently and quickly handle the
distribution of copies to your Honorable Body and the public: a
20 -bin collator (sorter), an automatic document feeder and two-
sided copying ( such as City Council Minutes) which would reduce the
amount of paper used. In addition, the ability to reduce and
enlarge images from original documents is necessary.
Following City Council's direction to staff to re -bid for a copier,
further evaluation was conducted including discussions with the
Department of Regional Planning regarding the copying needs the
City Planner will be faced with when those functions are
transferred to the City. It was strongly recommended that the City
consider a machine that would allow for copying large-sized
documents such as maps.
Bids for the same type of copier (with broader ranges) were opened
on Wednesday, October 11 which resulted in 13 bids. One bid was
immediately rejected due to lack of sufficient information
regarding the machine being offered. Of the 12 remaining, 9
copiers carried purchase prices over $12,000 which did not include
supplies and maintenance. 3 of the 4 copiers listed under $12,000
did not meet the specifications.
RECOMMENDED ACTION
After discussion of the proposals with the City Manager, it was
agreed that Copymasters' proposal of a Konica 5590 photocopier at
a cost not to exceed $11,798.00 would best suit the City's present
and immediate future needs. This copier is an upgraded version of
the 5503 proposed by Copymasters during the previous bidding
process and, for the same price, includes an optional feature which
allows for copies to be made of documents as large 17"x22".
FISCAL IMPACT:
Amount Requested $ Budgeted Amount $
In Account Number: Deficit:
Revenue Source: $
REVIFJUD BY:
9 " ff& O"J4,4 Z& 9 6 � - _--
Robert L. Van Nort Andrew V. Arczynski
City Manager City Attorney
Linda Magnuson
Senior Accountant
CITY OF DIAMOND BAR 1�
AGENDA REPORT
BACKGROUND
The City is currently involved in a month-to-month rental of a
Toshiba copier for which we pay $195.00 plus a surcharge of $.025
per copy each month. Supplies are not included in the rental
charge. This amounts to an average monthly cost of $262.00.
It has been determined that the following features are necessary
in order for staff to efficiently and quickly handle the
distribution of copies to your Honorable Body and the public: a
20 -bin collator (sorter), an automatic document feeder and two-
sided copying (such as City Council Minutes) which would reduce the
amount of paper used. In addition, the ability to reduce and
enlarge images from original documents is necessary.
Following City Council's direction to staff to re -bid for a copier,
further evaluation was conducted including discussions with the
Department of Regional Planning regarding the copying needs the
City Planner will be faced with when those functions are
transferred to the City. It was strongly recommended that the City
consider a machine that would allow for copying large-sized
documents such as maps.
Bids for the same type of copier (with broader ranges) were opened
on Wednesday, October 11 which resulted in 13 bids. One bid was
immediately rejected due to lack of sufficient information
regarding the machine being offered. Of the 12 remaining, 9
copiers carried purchase prices over $12,000 which did not include
supplies and maintenance. 3 of the 4 copiers listed under $12,000
did not meet the specifications.
RECOMMENDED ACTION
After discussion of the proposals with the City Manager, it was
agreed that Copymasters' proposal of a Konica 5590 photocopier at
a cost not to exceed $11,798.00 would best suit the City's present
and immediate future needs. This copier is an upgraded version of
the 5503 proposed by Copymasters during the previous bidding
process and, for the same price, includes an optional feature which
allows for copies to be made of documents as large 17"x22".
FISCAL I14PACT:
Amount Requested $ Budgeted Amount 5
In Account Number: Deficit:
Revenue Source: S
REVIEIED BY:
1,e
Robert L. Van Nort Andrew V. Arczynski Linda Magnuson
City Manager City Attorney Senior Accountant
Vendor Name:
The CopyMasters
Address: 16t7c�-a J-€-A-ye,
Industry, Ca 91745 (�
(818) 336-66697
Title. V r -e5
Telephone:
Manager's Signature:
Date:
H AINTENANCE, SERVICE AND COST
lfinimum one (1) year guarantee on maintenance costs and
6 months supplies --toner, etc.
Charges for Routine Maintenance
1(16 C W
Response
time for services and repairs reported before 12:00
noon
normalusinEss days - minimum same
day service
operations and installation
dr .
C� v �lL�ia, f-�-Q� d -R awg e
04- 5� C,z-ffl� .0
1/
ceoZ7T f t5Ow n/ S� v! lRAe 7—
Response time for services and repairs reported after 12:00 noon
normal business days - not later than 5:00 a.m. next business day
��rmE
46a(,�.
Bid Closing:
October 11, 1989 at 11100 a.m.
Include cost of training of
four (4) office personnel on
operations and installation
of toner, etc.
If service or repairs are estimated to exceed one (1) business
day, a replacement machine
within these specifications,
will be
expected.
COST OF PHOTOCOPIER:
Retail
✓•�K��
Gov't. Purchase
TOTAL COST OF SUPPLIES:
7R 0
..cc!).00
TOTAL COST OF 14AINTE14ANCU:
45fo
-------
-----
CHARGE
CHARGE rOR INSTALLATION:
ZSy•Ob
DELIVERY CHARGE:
Z�Ga
TOTAL COST,
Bid Closing:
October 11, 1989 at 11100 a.m.
Vendor Name: e S t
Address: 565.7 w; (�� i )^f Q v-
Title: Sg ��S r'�an q Ie r
Telephone:
Manager's Signature:
Date :
n
6 0 3 (.
603(.
MAINTENANCE, SERVICE AND COST
Minimum one (1) year guarantee on maintenance costs and
6 months supplies --toner, etc.
�s
_J
LoriS
V
Charges for Routine Maintenance
IUa c l-�a ra.e
Response time for services and repairs reported before 12:00 noon
normal business days - minimum same day service
hour nesfon.re -�,r�� or) c 4erv.,Ce rez s.
Response time for services and repairs reported after"12:00 noon
normal business days - not later than 9:00 a.m. next business day
D -c W ke i'1 oto u r^ C� On ►^S C>Pe YI.
Include cost of training of four (4) office personnel on
operations and installation of toner, etc.
W I I I elf Ca
I
If service or repairs are estimated to exceed one (1) business
day, a replacement machine within these specifications, will be II
expected. 6je-644vie r 3 ,SS Z D F w ad n 5'o:" r'
COST OF PHOTOCOPIER:
Retail �', v� U, 00 N-4 inc 0.k,
Gov't. Purchase -7 Sr OO S4 ), 3 4c,A = Sb 7, 13
TOTAL COST OF SUPPLIES: 6 �Y- , 00 _,X5- Cer Lt y 0A any vol Q►'nc
TOTAL COST OF MAINTENANCE:Q y ----bf
CHARGE FOR INSTALLATION:
DELIVERY CHARGE:
TOTAL COST:
N j C
N I C_
Bid Closing: October 11, 1969 at 11:00 a.m.
�k Tod1 S-�s- ►-> ►�ce i c1u�Pd' ss 6cfI Per mIn4.4C Console
S� c fe m w i �}-i c�c� b n So r r a I, -,sem p 1 c r-.) aLi , ma �-r` �.
doc'umc_114 hrknd ler, _ry plexin5 0,nd ►�_-4uc4on gnel enIQkir/m,
-&OLJ ` )
OFF/CE PRODUCTS, INC.
October 9, 1989
Ms. Linda Burgess
City of Diamond Bar
Office Of The City Clerk
21660 E. Copley Drive - Suite 330
Diamond Bar, California 91765
Dear Ms. Burgess:
Canon
SUBSIDIARY OF CANON USA, INC.
I would like to take this opportunity to thank you for
considering CANON/Astro, a wholly owned subsidiary of CANON,
U.S.A., for your office automation needs.
CANON has been the industry leader for new copier placements in
the United States for the past seven years - an accomplishment
made through CANON's constant dedication to innovation and high
reliability.
Astro can provide you with all of your office technology needs,
to include copying, micrographics, facsimile, computer systems
and laser systems. We are proud to be the largest CANON retail
sales and support group, based upon our product and our
dedication to service.
Astro is confident you will find the CANON copier system will
deliver the productivity, reliability and excellent copy quality
you require in today's business environment.
I am pleased to present this proposal and to have been given the
opportunity to do business with you.
Sincerely,
7
Bill Brissman
Account Executive
Copier Divison
BB/ac
,Sincerel^
Ernest Bravo
Regional Manager
Copier Division
g HEADOUARTERS:110 W. Walnut, Gardena, CA 90248 213/770-6010
MAILING ADDRESS: P.O, Box 47044
1 1200 Main St. Suite C, Irvine, CA 92714 714/474-0474
16380 Roscoe Blvd., Van Nuys, CA 91406 818/892-7988
...�.. . ,.,_�.__ n,..� 1 A...1.... "A nnnl'f 717/A07_11nn
Prepared for City of Diamond Bar
21660 E. Copley Drive # 330
Diamond Bar, California 91765
October 6, 1989
Canon NP 6650 Copier System
Configuration: Console
Type: Dry Electrostatic
Copy Size: 5 �"x8�" through 11"x17"
PLEASE NOTE MAXIMUM COPY SIZE IS LESS THAN 17"x22"
Paper Capacity: 2000 Sheets, plus 250, plus 250, plus 50 sheets
Copy Speed: 50 letter size copies per minute, 34 legal
First Copy Speed: 3.6 seconds
Sorter: 20 bins, 50 Sheet capacity, will sort all sizes
Multiple Copies: 1 - 999
Automatic Duplexing: 1:1, 1:2, 2:1, 2:2 standard. Capable
of automatic duplexing of 11"x17" copies
Magnification: 50% through 200% in 1% increments
4 preset reductions, 3 preset enlargments
Electrical: 115V, 60Hz
Interrupt bypass: Yes, up to 50 sheet capacity
Additional:
Document feeder operates at full copying speed
Image Editing standard
Two color editing optional
700,000 copy drum life
Developer -free copying process
I.D. code access function
Warranties
Copier is fully warranted for 90 days. Drum is
unconditionally warranted as a part of the service
agreement for as long as you own the system.
t
t
We will adhere to the attached pricing for a period of time
not less than one year. (See addendum)
Service Response
We agree to the terms in your bid. Call us in the morning,
we will be there that afternoon; call us afternoon and we
will be there no later than the following morning.
Our Historical response time in Diamond Bar has averaged between
3.5 and 3.7 hours on this product.
Toner Pricing
No developer is required in the Canon system.(a big plus)
Black Toner $96.00 per box (minimum:5)
Yield: Approximately 21,400 copies per box
Toner cost per copy: $.0045 each
We will commit to this pricing for not less than one year.
Training
We will provide as much training as you require at no
charge. This also includes any ongoing training requested
at a later date.
Replacement Machine
We agree to the terms in your bid.
System Cost
Retail $18,485.00
City of Diamond Bar: $11,688.00
Total cost of supplies:
12 months @ 15,000 copies/mo. $864.00
Total cost of service:
3 Months Warranty 0.
Next 9 months through 25,000
copies/month (prorated) $1,935.00
Delivery/Installation/Training 225.00
TOTAL COST, FIRST 12 MONTHS $14,712.00
Vendor Name ��yAN�E'� lr�l�t: C SY5T��1
Address:
Title: $rnNch
Telephones
Manager's Signature:
Date:
C./ Ock / / -s:- s
11AINTENANCE. SERVICE AND COST
Minimum one (1) year guarantee on maintenance costs and
6 months supplies --toner, etc.
Full Service Maintenance Agreement- includes everything but
-Toner,-Developer and Paper.
Toner cost $20 bottle- 7.5K yield, Developer $130./60K yield per
bottle.
Charges for Routine Maintenance
OEM "19W WelisZOOSINK-1-Mmal
Response time for services and repairs reported before 12:00 noon
normal business days - minimum same day service
Same day service -
Response time for services and repairs reported after 12:00 noon
normal business days - not later than 9:00 a.m. next business day
Same day no later than next day
Include cost of training of four (4) office personnel on
operations and installation of toner, etc.
d training for the life of
If service or repairs are estimated to exceed one (1) business
day, a replacement machine within these specifications, will be
expected. KonLCA, 5-003
COST•OF PHOTOCOPIER:
Retail $ 18,185.
Gov't. Purchase $ 11,729.33
Toner $ 480.
TOTAL COST OF SUPPLIES, Deyt-1 npPr $ 390. i( �✓��
TOTAL COST OF MAINTENANCE, Far-lyr_-or 180,000 (15K/mo.)
CHARGE FOR INSTALLATION: N/A
DELIVERY CHARGE: $ 210.
TOTAL COST, $ 14,591.33
Bid Closing, October 11, 1989 at 11,00 a.m.
-1782-
Vendor Names
Addr*aai 4S`ia "U, �t
Titles
Telephone , I Z(� 1;S
A
Manager'a Signatures
Date (� IJ -1 G.,I
- q0
Minimum one (1) year guarantee on maintenance costs and
6 months supplies --toner, etc.
Gz'-{ O L� �19 S C r w {� /; �• G<S
Charges for Routine Maintenance
Response time for services and repairs reported before 12500 noun
normal business days - minimum serve day service
'Ay c 61-4
Include coat of training of four (4) office personnel on
operations and Installation of toner, ate.
If service or repairs are estimated to exceed one (1) business
day, a replacement machine Within these specifications, Hill be
expected.
COBT'OF PHOTOCOPIERS
Retail
Gov't. Purchase
TOTAL COST OF EUPPLIE6i
TOTAL COST or MAINTENANCES
CHARGE FOR INSTALLATIONS
DELIVERY CHARGES
TOTAL COATS
i �C GAGS
lot
t t
i,4u�rt-lf %LI
L1�c Ids 7� 5cc
@losing�_ October 11, 1989 at 11500 a•o•
Cf✓%�� L'/tICC C C(
Response time for services
and repairs
reported after 22500 noon
normal business days
- not
later than
9500 a.m. next business day
L/ 4 cu, -4
4y cVN17 VIC CAL -11)
o
Include coat of training of four (4) office personnel on
operations and Installation of toner, ate.
If service or repairs are estimated to exceed one (1) business
day, a replacement machine Within these specifications, Hill be
expected.
COBT'OF PHOTOCOPIERS
Retail
Gov't. Purchase
TOTAL COST OF EUPPLIE6i
TOTAL COST or MAINTENANCES
CHARGE FOR INSTALLATIONS
DELIVERY CHARGES
TOTAL COATS
i �C GAGS
lot
t t
i,4u�rt-lf %LI
L1�c Ids 7� 5cc
@losing�_ October 11, 1989 at 11500 a•o•
Cf✓%�� L'/tICC C C(
Vendor Name:
Address:
Title:
Telephone:
Manager's Signature:
Date:
XEROX CORPORATION
13191 CROSSROADS PARKWAY, 5th FLOOR
CITY OF INDUSTRY, CA 91746
JODY JANSSEN: ACCOUNT REPRESENTATIVE
213/908-1622
OCTOBER 11. 1989
MAINTENANCE, SERVICE AND COST
Minimum one (1) year guarantee on maintenance costs and
6 months supplies --toner, etc.
YES
Charges for Routine Maintenance
0 (ALL PARTS AND ALL LABOR ARE COVERED BY MAINTENANCE CONTRACT)
Response time for services and repairs reported before 12:00 noon
normal business days - minimum same day service
XEROX AVERAGE RESPONSE TIME IS 4 - 6 HOURS
Response time for services and repairs reported after 12:00 noon
normal business days - not later than 9:00 a.m. next business day
(see above response)
Include cost of training of four (4) office personnel on
operations and installation of toner, etc.
0 (XEROX OFFERS TRAINING AND RE-TRAINING DUE TO EMPLOYEE TURNOVER AT THE CUSTOMER SITE AT NO
CHARGE TO THE CUSTOMER)
If service or repairs are estimated to exceed one (1) business
day, a replacement machine within these specifications, will be
expected.
COST OF PHOTOCOPIER:
Retail $19.550
Gov't. Purchase $17,620
TOTAL COST OF SUPPLIES: $.0035 per copy (see analysis)
TOTAL COST OF MAINTENANCE: $_7_0_0_0/mo. and $.011 per copy (COVERS ALL PARTS AND
ALL LABOR)
CHARGE FOR INSTALLATION: 0 (note: approx. delivery time: 10 business days)
DELIVERY CHARGE: 0
TOTAL COST r please refer to analyses
Did Closings October 11, 1989 at 11x00 a.m.
Vendor Pame :
Address:
16125 E. Gale Ave.
(818) 336-6669
Title : �✓%=-y
Telephone:
Idanager's Signature:
Date.
1dhINTEN;,NCB, SERVICE RND COST
Hinimum one (1) year guarE:ntee on maintenance costs and
6 months supplies --toner, etc.
Charges for Routine Maintenance
Response time time for services and repairs reported before 12:00 noon
normal b siness days - minimum same day service
K
Response time for services and repairs reported after 12:00 noon
normal business days - not later than 9:00 a.m. next business day
443.
Include cost of training of four (4) office personnel on
operati ns and installation of toner, etc.
If service or repairs are estimated to exceed one (1) business
day, a replacement machine within these specifications, will be
expected.
COST OF PHOTOCOPIER: ' �'� ��-2t) �"N ' "`S
Retail • G �v i`,� 1 at -'F
Gov't. :.rchase
TOTAL COST OF SUFPLIES: .00F 72�e.�rit�,f%fr/6 �pre�/G�
TOTAL COST OF 14AINTE14ANCU: --=pD 74':-
CHARGE FOR INSTALLATION:
DELIVERY CHARGE:
TOTAL COST:
Bid Closing:
October 11, 2989 at 11:00 a.m.
Vendor Name:
Address:
Title:
Telephone:
Manager's Signature:
Date:
PTTNFY RnWRR
10615 R Phoenix Dr
City of Industry, Ca 91745-1691
Copier Team Manager
10-11-89
--7
p`J5"
11AINTENANCE, SERVICE AND COST
Minimum one (1) year guarantee on maintenance costs and
6 months supplies --toner, etc.
All prices are gaurantee on annual bases
Charges for Routine Maintenance
Unlimited call, all parts, lobor, and schedul preventive maintence
(Drum included)
t No additional charges all prices are included in maintence price
Response time for services and repairs reported before 12:00 noon
normal business days - minimum same day service
Less than 4 1/2 response time at no extra cost
Response time for services and repairs reported after 12:00 noon
normal business days - not later than 9:00 a.m. next business day
As specified
Include cost of training of four (4) office personnel on
operations and installation of toner, etc.
at no cost
If service or repairs are estimated to exceed one (1) business
day, a replacement machine within these specifications, will be
expected. '75o
COST OF PHOTOCOPIER:
Retail $12,7951-00 (913.25 per month, based
Gov't. Purchase 5 year life)
TOTAL COST OF SUPPLIES: 70.50
TOTAL COST OF MAINTENANCE: __205.00 ---
_ //han4"-Y—
CHARGE FOR INSTALLATION: N/A
DELIVERY CHARGE: N/A
TOTAL COST: 488.75/month (based on 5 year life
and 15,000 copies per month
Bid Closing: October 11, 1989 at 11:00 a.m.
Vendor Name: University Copy Systems
Address: 6020 North Irwindale Avenue Suite
Irwindale. CA 91706
Title: Account Executive
Telephone:
Manager's Signature:
Date:
MAINTENANCE, SERVICE AND COST
Minimum one (1) year guarantee on maintenance costs and
6 months supplies --toner, etc.
Annual Service Contract that covers
all Parts and Labor - at 240,000 Copies $2,160.00
Toner - 21,400 Copies at $68.00 $408.00 for 6 Months
Charges for Routine Maintenance
No Charge - Routine maintenance is covered in all
Service Contracts.
Response time for services and repairs reported before 12:00 noon
normal business days - minimum same day service
Guaranteed 4 -Hour Response Time
Response time for services and repairs reported after 12:00 noon
normal business days - not later than 9:00 a.m. next business day
Guaranteed 4 -Hour Response Time
Include cost of training of four (4) office personnel on
operations and installation of toner, etc.
NO CHARGE
If service or repairs are estimated to exceed one (1) business
day, a replacement machine within these specifications, will be
expected.5v
COST OF PHOTOCOPIER:
Retail $18,485.00
Gov't. Purchase 10,757.00
TOTAL COST OF SUPPLIES: 408.00
TOTAL COST OF MAINTENANCE: $-2.,15D..DD_
CHARGE FOR INSTALLATION: NO CHARGE
DELIVERY CHARGES NO CHARGE
TOTAL COSTS $13,325.00
Did Closinae October 11, 1989 at 11100 a.m.
Vendor Name a RAM BUSINESS SYSTEM
Address a 8949 Rose Avenue
Montclair, California 91763
Titite Don Salva ,Sales Manager
Telephones (714) 2 �95
Manager Ia Signatures
Date a October 10, 1089
•. MAINTENANCE-, BFIRYICE AND OS'P
Minimum one (1) year guarantee on maintenance costs and
• 6 months supplies --toner, etc.
YES
Charges for Routine Haintenance
.012 (one and two-tenths cents per copy)
To be billed monthly or can be prepaid.
Response time for services and repairs reported before 1200 noon
normal business days - minimum same day service
YES
Response time for services and repairs reported after 12,00 noon
normal business days - not later than 9,00 a.m. next business day
YES
Include coat of training of tour (4) office personnel on
operations and installation of toner, etc.
YES, this is included
If service or repairs are estimated to exceed one (1) business
day, a replacement machine within these specifications, will be
expected.
COST'OF PHOTOCOPIER c'
Retail (List) $1_ 66..0„ 0 00 _
Gov't. purchase (Your price) 9,810.00
TOTAL COST OF SUPPLIES t .012 cents per copy (except paper)
TOTAL COST OF HAINTENANCEs include.d_ia_•012 cents per copy rate
CHARGE FOR INSTALLATIONS $1,85.00
DELIVERY CHARGE s None
TOTAL COM $ 9.9-9!;-00 Plus State Sales Tax (Service &
Supplies to be billed monthly)
A" ei sinal October 11, 1989 at 11x00 a.m.
Vendor Name:
Address:
Title:
Telephone:
Manager's Signature:
Date:
Are ✓HT
-U
kon(aa-, SSyo
MAINTENANCE, SERVICE AND COST
Minimum one (1) year guarantee on maintenance costs and
6 months supplies --toner, etc.
41AI7.4
Charges for Routine Maintenance
Response time for services and repairs reported before 12:00 noon
n.ormal business days - minimum same day service
Response time for services and repairs reported after 12:00 noon
normal business days - not later than 9:00 a.m. next business day
Include cost of training of four (4) office personnel on
operations and installation of toner, etc.
/lir lfi�iq� C: A27A ZZ2IWIH & 2 h l`77_4/%
If service or repairs ale estimated to exceed one (1) business
day, a replacement machine within these specifications, will be
expected.
L• T(}t 1. d f�
COST OF PHOTOCOPIER:
Retail%� i/�1 }
Gov't. Purchase
j)rKnfS TOTAL COST OF SUPPLIES:
r%Mrj+S TOTAL COST OF MAINTENANCE:
CHARGE FOR INSTALLATION:
DELIVERY CHARGE:
TOTAL COSTO
70
/A,974 X
4 6U 2 ins'*- MAC4W
77 7 -PC AWAQ—
Did Closing: October 11, 19s9 at 11:00 a.m.
BUS
systems
Minolta Bu
Vendor Name: tin Ave.
1120 N. Tus
Address: 92807
Anaheim, CA.
Account Representative
Title:
1_800_824-0304
Telephones
Hanager's signature:
October 11, 1989
Date:
MAINTENANCE. SERVICE AND COST
Minimum one (1) year guarantee on maintenance costs and
6 months supplies --toner, etc.
Toner & Developer = $ 004725 per copy—
At 15,000
opyAt15,000 copies month, 6 months cost = $425.25
Charges for Routine Maintenance (lst 6 Months No Charge, Unlimited
Copies)
$ 009 Per Copy = Includes all Service, Parts and Photoconductor
Drums.
15,000 Copies Mo - $135.00 per month
Response time for services and repairs reported before 12:00 noon
normal business days - minimum same day service
Less Than 4 Hours.
Response time for services and repairs reported after 12:00 noon
normal business days - not later than 9:00 a.m. next business day
Less Than 4 Hours.
Include cost of training of four (4) office personnel on
operations and installation of toner, etc.
No Charge
If service or repairs are estimated to exceed one (1) business
day, a replacement machine within these specifications, will be
expected.
%i n 0 f �-V_ x-'8'7 G
COST OF PHOTOCOPIER:
Retail $17,400.00
Gov't. Purchase $11,665.00
TOTAL COST OF SUPPLIES: $ 120.50
TOTAL COST OF MAINTENANCE: No_Charge_for 6 months: Unlimited
-- ---- Copies
CHARGE FOR INSTALLATION: $ 125.00
DELIVERY CHARGE: $ 100.00
TOTAL COST: $12,110.50 plus tax
Bid Closing: October 11, 1989 at 11:00 a.m.
------------ i- i i c C-- i c i i- S i i- c c L-- c S---------- i --w= --- wL- S i i i i -
CITY OF DIAMOND BAR
AGENDA REPORT
- L- S-- S- m-- C C C- C C ------ L C S S C i L L L i L L L L c L S i L i S L-- L =W== -- L-- C C t L C- C C
BACKGROUND
The City has authorized the purchase of two (2) pick-up trucks for
the Parks and Maintenance Department. Requests for bids were sent
out on September 22, 1989. Bids closed on October 10, 1989. Three
bids were.received. The low bidder was Valley Chevrolet, for a
total of $27,121.69 for two (2) vehicles.
RECOMMENDATION
The City award Valley Chevrolet the contract for the purchase of
two (2) full size pick-up trucks.
(Narrative continued on next page if necessa
FISCAL IMPACTS
Amount Requested S 27,121.69
Budgeted Amount $ 20,000.00
In Account Numbers
Deficit: S 7,121.69
Revenue Sources Portion of aquisition will be LMD's and remainder
will be mid -year budget adjustments.
REVIEWED BYs
-------------------------------------------- ------------------
Robert L. Van Nort Andrew L. Arczynski
City Manager City Attorney Sr. Accountant
t'l
C G C C C C L C S G G C S C S C C L LSCS C -------- C i ----- 6 C G C C G L L C C C L G S C L L C S L C S C L C L
CITY OF DIAMOND BAR
AGENDA REPORT
BACKGROUND:
The City Council has received a request from the Dispute
Resolution Center to use space within the City offices. The
attached two letters supporting the Dispute Resolution Center,
indicate a need for such an arrangement during non -business
hours.
STAFF RECOMMENDATION:
It is recommended the City Council authorize the use by the
Dispute Resolution Center, at a maximum of two'days per week,
from 6:00 p.m. to 9:00 p.m., with the possibility of Saturdays
as the need develops.
(Narrative continued on next page if necessar-
FISCAL IMPACTS
Amount Requested $
Budgeted Amount $
In Account Numbers
Deficits $
Revenue Sources
REVIEWED' BY s
---------------------- ----------------------
Robert L. Van Nort Andrew L. Arczynski
City Manager City Attorney
Sr. Accountant
The Diamond Bar. Improvement Association
Incorporated 1962
Post ofnee Box 4066, Diamond Bar, CA 91766
September 28, 1989
Mr Robert Van Nort, Manager
City of Diamond Bar i
21600 Copley Drive, Suite 330
Diamond Bar, California 91765
Dear Mr Van Nort;
Our Association has approved, by Resolution, the concept of
establishing a not-for-profit Dispute Resolution Center in
the City of Diamond Bar.
With community cooperation, we believe such a Center can be-
come a reality, providing a community service to the citizens
in our area.
The Claremont Dispute Resolution Center (a non-profit organ-
ization funded in substantial part by the County of Los Angeles)
has agreed to extend its ADR efforts through the medium of a
Diamond Bar office.
It is our hope the City will help in this endeavor. Of great-
est practical assistance would be permission to use City
office space (e.g., desk; board room for consultation when
necessary) on a part time basis: perhaps week -day evenings,
6:00 to 9:00 pm; perhaps Saturdays, 9:00 am to 3:00 pm).
DBIA will be working closely with the Center, especially in
neighborhood interpersonal areas involving CC&Rs.
Your understanding, and assistance, will be deeply appreciated.
Sincerely,
4
Dexte D. MacBri e, CAE, FASA
Acting President, DBIA
Publishers of "The Windmill"
CLAREMONT DISPUTE RESOLUTION CENTER
September 28, 1989
Mr Robert Van Nort, City Manager
City of Diamond Bar
21600 Copley Drive, Suite 330
Diamond Bar, California 91765
Dear Mr Van Nort;
FIELD OFFICE
333 WEST FOOTHILL BLVD
GLENDORA, CA 91740
(818) 963-3969
It is my understanding that there is substantial interest in
the City of Diamond Bar regarding provision of Dispute Reso-
lution services for your community area.
Mr. Dexter D. MacBride, a resident of Diamond Bar and a repre-
sentative of CDRC with special responsibility for coordination
of Government Programs, has indicated that the City might permit
use of office space, possibly on weekday evenings or on weekends,
for the purpose of handling dispute resolution problems as they
arise.
We support the idea of extending CDRC services in this fashion,
and feel we can develop a local program which may prove of real
worth to the total community, at individual, association, business
and government levels.
City cooperation, as above-described, would be most helpful in
establishing a viable program.
Sincerely,
iG alda so , J.D.
ecu ive Director
CITY OF DIAMOND BAR+
AGENDA SCHEDULING REQUEST
TO: CITY CLERK
FROM, Robert L. Van Nort, City Manager
FOR MEETING DATE: October 17 1989
FX] Consent Calendar [ ] Special Presentations
[ ] Public Hearings [ ) Closed Session
[ ] Unfinished Business [ ] Other
[ ] New Business
AGENDA TITLE:
Dispute Resolution Center
RECOMMENDED ACTION:
It is recommended the City Council authorize the use'00'fby---W
the Dispute Resolution Center, at a maximum of two days per week,
from 6:00 p.m. to 9:00 p.m., with the possibility of Saturdays
as the need develops.
There is no cost to the City.
MW ! MW i ! MW i i ! ! i ! ==mum i =a am== ! ! ! WWW !i W==W !i i !i i ii !
External Distribution - name and address of applicant or others
to be notified of meeting and decision:
c c c c c c c c c c L c L L c c c c L c c c c L c c c c c c c ------ c ... cscc----------
CITY
ccsccLcccCITY OF DIA14OHD BAR
AGENDA REPORT
BACKGROUND:
The City Council has received a request from the Dispute
Resolution Center to use space within the City offices. The
attached two letters supporting the Dispute Resolution Center,
indicate a need for such an arrangement during non -business
hours.
STAFF RECOMMENDATION:
It is recommended the City Council authorize the use by the
Dispute Resolution Center, at a maximum of two'days per week,
from 6:00 p.m. to 9:00 p.m., with the possibility of Saturdays
as the need develops.
(Narrative continued on next page if necessa
FISCAL IMPAM
Amount Requested S
Budgeted Amount S
In Account Numbers
Deficits S
Revenue Sources
REVIEWED' BY s
---------------------- ----------------------
Robert L. Van Nort Andrew L. Arczyneki
City Hanager City Attorney
Sr. Accountant
The Diamond Bar. Improvement Association
Incorporated 1862
Post office Boz 4086. Diamond Bar. CA 81766
September 28, 1989
Mr Robert Van Nort, Manager
City of Diamond Bar .
21600 Copley Drive, Suite 330
Diamond Bar, California 91765
Dear Mr Van Nort;
Our Association has approved, by Resolution, the concept of
establishing a not-for-profit Dispute Resolution Center in
the City of Diamond Bar.
With community cooperation, we believe such a Center can be-
come a reality, providing a community service to the citizens
in our area.
The Claremont Dispute Resolution Center (a non-profit organ-
ization funded in substantial part by the County of Los Angeles)
has agreed to extend its ADR efforts through the medium of a
Diamond Bar office.
It is our hope the City will help in this endeavor. Of great-
est practical assistance would be permission to use City
office space (e.g., desk; board room for consultation when
necessary) on a part time basis: perhaps week -day evenings,
6:00 to 9:00 pm; perhaps Saturdays, 9:00 am to 3:00 pm).
DBIA will be working closely with the Center, especially in
neighborhood interpersonal areas involving CC&Rs.
Your understanding, and assistance, will be deeply appreciated.
Sincerely,
Dexte ' D. MacBride, CAE, FASA
Acting President, DBIA
Publishers of "The Windmill"
7 Rao Zow eewn
C) I
Ace4 eo.o r ...4o4ml
CLAREMONT DISPUTE RESOLUTION CENTER
September 28, 1989
Mr Robert Van Nort, City Manager
City of Diamond Bar
21600 Copley Drive, Suite 330
Diamond Bar, California 91765
Dear Mr Van Nort;
FIELD OFFICE
333 WEST FOOTHILL BLVD
GLENDORA, CA 91740
(818) 963-3969
It is my understanding that there is substantial interest in
the City of Diamond Bar regarding provision of Dispute Reso-
lution services for your community area.
Mr. Dexter D. MacBride, a resident of Diamond Bar and a repre-
sentative of CDRC with special responsibility for coordination
of Government Programs, has indicated that the City might permit
use of office space, possibly on weekday evenings or on weekends,
for the purpose of handling dispute resolution problems as they
arise.
We support the idea of extending CDRC services in this fashion,
and feel we can develop a local program which may prove of real
worth to the total community, at individual, association, business
and government levels.
City cooperation, as above-described, would be most helpful in
establishing a viable program.
Sincerely,
G alder as so , J.D.
ecu ive Director
0
1930Self-Insurance Management , Suit 661-0616 COLENAND LEE
1930 South Brea Canyon Road, Suite tDO, ❑iamond Bar, CA 91765
October 6, 1989
Robert Van Nort
City Manager
CITY OF DIAMOND BAR
21660 East Copley Drive, Suite 100
Diamond Bar, CA 91765
Re: Liability Claim of Young Soo Lim
Date of Loss - August 16, 1989
Our Claim Number - 89 001A
Dear Mr. Van Nort:
A written notice of rejection should be given at this time in regards to
the claim for damages presented by Young Soo Lim on September 12, 1989.
The claimant filed a wrongful death claim against the City of Diamond Bar
for the death of his wife, Jenifer Lim. This loss arose out of an auto
accident between Jenifer Lim and Larry Chitwood that occurred on August
16, 1989 at the intersection of Diamond Bar Boulevard and Gold Rush
Drive. The claimant alleges that his wife's death was caused in part by
a utility pole blocking her vision and also that inadequate traffic
controls existed at this intersection on the date of the loss.
My investigation has failed to substantiate the claimants allegations and
it appears that the proximate cause of the loss was that Jenifer Lim
pulled out in front of the Chitwood vehicle thus violating Chitwood's
Right of Way. It is my opinion that liability will not attach to the
City of Diamond Bar.
Feel free to contact me if you have any questions.
Sincerely,
Christopher Millard
CM/ny
cc: Andrew Arczynski, City Attorney
AGENDA N0. 19
No documentation available
_ ------------------ K i F F F C F F i c i C C C i t i i -------- t ---------
CITY
sccciiK<CITY of DIAMOND BAR
AGENDA REPORT
f
BACKGROUND:
"Los Angeles County is experiencing a dramatic increase in
the inmate population within their jail facilities. As a
result of this significant growth, not withstanding ongoing
effects to alleviate this problem through alternatives to
incarceration, the County is still faced with building more
jails."
FACTS:
The County has developed a Jail Needs Assessment and Master
Plan. The Plan provides for the renovation and addition of
jail facilities in three phases. The phases begin in 1989
and will be completed in the year 2010. Phase I and phase II
call for the addition of three new facilities in the Eastern
Region, of which Diamond Bar is a part. The exact location of
these facilities in unknown at this time. Because the actual
locations are unknown, the impacts of this project on the
Diamond Bar are not determinable.
STAFF RECOMMENDATION:
Due to insufficient information regarding the location of
new facility sites, it is difficult to assess the impact of
the plan on the Diamond Bar area. Therefore, it is recommended
that the Council concur with the fact that additional facilities
are needed, but that a decision about their position on the
plan be deferred until further information is known.
(Narrative continued on next page if neceE
FISCAL IHPACTs UNKNOWN
Amount Requested S
Budgeted Amount S
In Account Humber,
Deficits S
Revenue Source,
xodert L. van Nort Andrew L. Arczynski
City Manager City Attorney Er. Accountant
CITY OF DIAMOND BAR
AGENDA SCHEDULING REQUEST
TO: CITY CLERK
FROM: Joann Saul
FOR MEETING DATE: October 17, 1989
[,J --'Consent Calendar [ ] Special Presentations
[ ) Public Hearings [ j Closed Session
[ ] Unfinished Business [ ] Other
[ ] New Business
C! ! Ca C C6 ! !6 ! !! ! !! t ! = 6 ! ! ! C ! ! ! !. 6 WCS ! ! ! ! S ! s ! ! ! i ! ! i ! ! Z ! S s c ! ! 6 ! ! ! ! ! ! ! ! 6
AGENDA TITLE: Jail Needs Assessment and MasterPlan-L.A.County
cs c cc c c! c ss s s! s a! s s c s c s s s s s c c! c s s c c s s c s r e s c a s c s a s a c s s s s c c s c s c c a s s s
RECOMMENDED ACTION: L.A. County is facing the need to expand their
current jail system. A Jail Needs and Master Plan Summary was
sent to the cities within L.A. County for comment and concern
regarding the proposed expansion. Within the Master Plan is a
proposal for three (3) new facilities in the Eastern Region, of
which Diamond Bar is a part.
Due to insufficient information regarding the location of new
facility sites, it is difficult to assess the impact of the plan
on the Diamond Bar area. Therefore, it is recommended that the
Council abstain from taking a position on the matter until
further information is obtained.
ssssssssssssssssssssssssssssss sss ss sassessesssssass ssssssssssssssss
External Distribution - name and address of applicant or others
to be notified of meeting and decision:
CITY OF DIAMOND BAR
AGENDA SCHEDULING REQUEST
T0: CITY CLERK
FROMX Robert L. Van Nort, City Manager
FOR MEETING DATE: October 17, 1989
[XX] Consent Calendar
[ ] Public Hearings
[ ] Unfinished Business
- L--; l
[] Special Presentations
[ ] Closed Session
[ ] Other
[ ] New Business
ssssssssisisiisssisssssisssssssasssssmssmsssissssssssisissisissiis
AGENDA TITLEe
Resolution
e 1Tso(l�u (t)ion adopting
the design guidelines developed forthe
ii(�jT1 �''
n j I q i�j'i"act
RECOMMENDED ACTION:
That the City Council adopt a Resolution approving the design
guidelines developed for the Gateway Corporation Center as the
standards for the Center, replacing the County of Los Angeles's
unilateral contract.
Concur with County Staff's recommendation to replace unilateral
contract with design standards established by the Gateway
Corporate Center.
i i i i i i i i M;:
i i i i i i i i i i i i i i i i i i i i i ii i ii i ii i ii i ti Maw
ii i ii i ii i ii i if i ii s ti i i
External Distribution - name and address of applicant or others
to be notified of meeting and decision:
0C -r- c. —G:S- rl0N 1 4 "- 54 ill i:4RF-r•1NN ;11 RCZti'NSK I F' _ 02r Ci E&
RESOLUTION NO. 69-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DIAMOND EAR RATIFYING AND RECONFIRMING THE
DESIGN GUIDELINES APPLICABLE TO THE GATEWAY
CORPORATE CENTER.
A. Recitals.
(i) On December 16, 1981, ARCIERO & SONS, XNC., a
California Corporation ("Arciero" hereinafter) and the DIAMOND
BAR DEVELOPMENT CORPORATION, a California Corporation
("Development Corporation" hereinafter) entered into that certain
Agreement of Protective Covenants, Conditions and Restrictions
(!'Agreement" hereinafter) pertaining to that certain real
property in the City of Diamond Bar commonly referred to as the
Gateway Corporate Center - Diamond Bar ("Gateway" hereinafter)
and legally described as Lots 1 through 24, inclusive, of Tract
Map No. 39679, as recorded in Book 1083, pages 14 through 21,
inclusive, of Tract Maps in the Office of the County Recorder of
Los Angeles County.
(ii) On June 21, 1985, Development Corporation and
Arciero executed that certain First Amendment to the agreement,
thereby modifying the provisions of the agreement pertaining to
an architectural committee.
(iii) On or about June 28, 1985, the Los Angeles
County Board of Supervisors adopted and approved a Unilateral
I
1 -8'_? h10N 1 4 S4-
t•1AR•k,t•1AN AFZC-
F . 0 %' �t•
Contract Imposing Land
Use Restrictions pertaining
to
the Gateway
property and caused to be recorded said Unilateral Contract and
Development Standards and Landscape Criteria appended thereto
concerning Gateway in furtherance of Los Angeles County Zoning
Ordinance No. 85-00992 Adopted June 6, 1985.
(iv) On April 9, 1987, TRANSAMERICA DEVELOPMENT
COMPANY, successor in interest to Development Corporation
("Transamerica" hereinafter) and DIAMOND BAR BUSINESS ASSOCIATES
successor to Arciero ("Business Associates" hereinafter) executed
a Second Amendment to the Agreement thereby amending certain
parking. -standards contained in the Agreement-. Transamerica -and
Business Associates, on May 16, 1988, amended the Agreement
pertaining to certain specified permitted uses within Gateway.
(v) On April 13, 1987, Business Associates recorded a
Master Declaration of Covenants, Conditions and Restrictions
("Master Declaration" hereinafter) pertaining to Gateway, thereby
supplementing and amending the Agreement. Said Master
Declaration specifically adopted and approved, in Section 5.3(a)
thereof, certain architectural design criteria and specifications
for Gateway described as "Gateway Corporate Center - Diamond Bar
Design Guidelines" prepared by Hill Pinkert Architects, Inc., and
bated October, 1986 ("Design Guidelines" hereinafter). Said
Master Declaration was approved and recorded in accordance with
the procedures and requirements of the Agreement. Recordation of
the Master Declaration thereby substituted the Design Guidelines
referred to therein for the Development Standards and Landscape
2
ocT- 1 S -8`R MCN 1 4 : SS MARKMAN IM -1 ARCZYNSK I P . 04 ---OG
Criteria identified in paragraph A (iii), above.
(vi) Pursuant to Section 5.3 of the Master
Declarations, the Design Guidelines were amended in July, 1988.
(vii) it is the purpose of this Resolution to
reconfirm and ratify the Design Guidelines, as heretofore
amended, in order to insure that the same are utilized and
implemented with respect to property developed in Gateway.
(viii) All legal prerequisites to the adoption of this
Resolution have occurred.
B. Agoolut on.
NOW, THEREFORE,. the City Council of the City of -Diamond
Bar does hereby find, determine and resolve as follows:
1. In all respects in set forth in the Recitals, Part
A, of this Resolution.
2. The City Council hereby ratifies and reaffirms the
Design Guidelines for Gateway Corporate Center, Diamond Bar,
dated October, 1986, and amended July, 1908. The City Council
hereby specifically finds and determines that the Design
Guidelines, dated October, 1986 and amended July, 1988, are the
Design Guidelines for the Gateway Corporate Center and were duly
and validly approved pursuant to the provisions of the Master
Declaration of Covenants, Conditions and Restrictions and the
Agreement.
3. The City Council hereby specifically finds and
determines that the Design Guidelines, including, but not limited
to, parking requirements and design criteria contained therein
3
OCT'— 1 S—S9 MON 1 4 $5 MARKMAN as ARS. ZY'NSK I R.- 0Iz> OEs
shall be, and the same hereby are declared to be, applicable to
all projects in Gateway and City staff, consultants and
developers of projects within Gateway hereby are directed to
implement the same.
4. The City Clerk shall keep and maintain a full,
true and correct copy of the Design Guidelines available for
public use.
5. Business Associates shall provide to the City of
Diamond any proposed amendments, modifications or changes to the
Design Guidelines and/or the Master Declaration.
6. The City Clerk shall certify to the -adoption of
this Resolution.
PASSED, ADOPTED AND APPROVED this day of
1989.
Mayor
4
0C7— 1 6-6'3 MON 1 4 : Sb MARKMAN al HRCZYNSK I R _ 0G6 -0G
I, LYNDA BURGESS, City Clerk of the City of Diamond
Bar, do hereby certify that the foregoing Resolution was passed,
adopted and approved at a regular meeting of the City Council of
the City of Diamond Bar held on the day of
by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
ATTEST: _
City —Clark of the
City of Diamond Bar
PU012MA7EYAYIN 6.2LA 5
MASTER DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS
GATEWAY CORPORATE CENTER
LOS ANGELES COUNTY, CALIFORNIA
RECORDED APRIL 13, 1987
DOCUMENT NO: 87-567650
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
Allen. Matkins, Leck, Gamble
& Mallory
18400 Von Karman. Fourth Floor
Irvine. California 92715
Attention: R. Michael Joyce, Esq.
(Above Space for Recorder's Use On -y)
MASTER DECLARATION OF
COVENANTS. CONDITIONS AND RESTRICTIONS
FOR
GATEWAY CORPORATE CENTER
` LOS ANGELES COUNTY, CALIFORNIA
Table of Contents
Paqe
RECITALS
................................................ l
ARTICLE I - DEFINITIONS
Section 1.1 - Architectural Committee .........
Section 1.2 - Articles and Bylaws " " " 2
Section 1.3 -Assessments ................ 2
Section 1.4 - Association " " " 2
Section 1.5 - AssociationRules 3
.... " " '" " " """' 3
Section 1.6 - Board
Section 1.7 - Building................... '" .... ""'' 3
Section 1.8 - Common Expenses � ......................... 3
Section 1.9 - County . ....................... 3
Section 1.10 - County Master Maintenance Area 4
Section 1.11 - Covered Property.. ........ 4
Section 1.12 - Declarant " " " 4
Section 1.13 - Exhibit
Section 1.14 - Improvements ............................ ' S
Section 1.15 - Lot """""'"'""' 5
Section 1.16 - Master Slope and �Landscape �Maintenance 5
Section 1.17 - Area Member "'""""""' 5
5
Section 1.18 - •..................... Mortgage .. .......... 5
Section 1.19 - Mcctgagee.....
Section 1.20 - Net Usable Area .............. 5
Section 1.21 - Occupant .. 5
.....
Section _ ................ ..........
1.22 Open Space 5
Section 1.23 - Ownec ....
Psge
ARTICLE II - MEMBERSHIP ...
Section 2.1 - Membership
Section 2.2 6 Transfer " " " " " 7
Section 2.3 - Voting Rights of Declarant 7
Section 2.4 - Voting Rights of Members............ 7
Section 2.5 - Approvals and Consents ....
ARTICLE III - COVENANT FOR MAINTENANCE ASSESSMENTS .
Section 3.1 - Creation of the Lien s Personal
Obligation of Assessments g
Section 3.2 - Purpose of Assessments ..........
Section 3.3 - Regular Assessments 8
Section 3.4 - Allocation of Assessment••• 9
Section 3.5 - Certificate of Pa yment . .. 9
.................
Section 3.6 - Exempt Property
Section 3.7 - Special Assessments 9
........'.." 9
Section 3.8 - Date of Commencement of.
9
Assessments . 10
Section 3.9 - Capital Improvement Assessments 10
Section 3.10 - No offsets " " " " ' 10
Section3.11 - Reserves ................................ 10
ARTICLE IV - NONPAYMENT OF ASSESSMENTS ..................
11
Section 4.1 - Delinquency.. 11
Section 4.2 - Notice of Lien 11
Section 4.3 - Foreclosure Sale• 12
Section 4.4 - Curinq of Default 12
Section 4.5 - Reassessment of the Members 12
ARTICLE V - ARCHITECTURAL CONTROL ....................... 12
Section 5.1 - Appointment of Architectural Committee .. 12
Section 5.2 - General Provisions .............
Section 5.3 - A ......•• 13
Section 5.4 - Nonliabilitd Conformity of Plans 13
Section 5.5 - Appeal Y pp..... of Plans ...... 15
Section 5.6 - Inspection and Recording of Approval .... 15
Section 5.7 - Subterranean Improvements 16
Section 5.8 - Compliance with Laws .................... 16
Section 5.9 - Completion of Work .......
Section 5.10 - Inconsistency Between Design Guidelines 15
and Governmental Requirements............ 17
ARTICLE VI - DUTIES AND POWERS OF THE ASSOCIATION 17
Section 6.1 - General Duties and Powers ............... 17
Section 6.2 - General Duties of the Association . L7
Section 6.3 - General Powers of the Association. 17
Section 6.4 - Association Rules ... 13
Section 6.5 - Delegation of Powers .
Section 6.6 - Pledge of Assessment Rights .
Section 5.7 - Emergency Powers ........................ .
Page
ARTICLE VII - REPAIR AND MAINTENANCE .19
.....
Section 7.1 - Repair and Maintenance by Association . 13
Section 7.2 - Repair and Maintenance by Owner .........
Section 7.3 - Association's Election to Discontinue 20
Maintenance Duties with Respect to
Certain
Section 7.4 - Right Of Association to Maintain and
21
Install
Section 7.5 - Standards for Maintenance and 21
Installation
Section 7.6 - Right of Entry•• " " " " " 22
Section 7.7 - Maintenance of Public Uti22
lities•
23
ARTICLE VIII - INSURANCE .
Section 8.1 - Duty to Obtain Insurance; Types .
Section 8.2 - Right and Duty of Owners to Insure 23
Section 8.3 - Notice of Expiration " " Z3
Section 8.4 - Premiums " " " ........• 24
Section 8.5 - Trustee for Policies........... " ...... 24
Section 8.6 - Actions as Trustee .......... 24
Section 8.7 - Annual Insurance Review ..... 24
Section 8.8 - Required Waiver" " " " " 25
25
ARTICLE IX - DESTRUCTION OF IMPROVEMENTS ........ I.......
ZS
Section 9.1 - Duty of Association ..............
Section 9.2 - Automatic Reconstruction 25
Section 9.3 - Excess Insurance Proceeds ..••• 26
Section 9.4 - Use of Reconstruction Assessments 26
Section 9.5 - Destruction of Owner's Improvements 25
. 26
ARTICLE X - EMINENT DOMAIN ...
Section 10.1 - Definition of Taking .........
Section 10.2 - Representation by Association in 25
Condemnation Proceedings ............... 25
Section 10.3 - Award for Takings ......
Section 10.4 - Condemnation of Owner's Improvements .... 27
Section 10.5 - Reallocation Following Condemnation ..... 27
ARTICLE XI - USE RESTRICTIONS
Section 11.1 - Permitted Uses
Section 11.2 - Other Operations and Uses .• ...... 27
Section 11.3 - Nuisances " " Z'
Section 11.4 - Signs 23
Section 11.5_ T28
Temporary Structures 13
Section 11.6 - Vehicles
Section 11.7 - Unsightly Items -.
Section 11.8 - Antennae and Other Roof Structure .
Section 11.9 - Window Covers '�
Section 11.10 - ............" ....... 30
Mineral Exploration ...,...,.
Section 11.11 - Drainage30
. 3)
ARTICLE XII - EASEMENTS Pace
Section 12.1 - Amendment to Eliminate Easements .
Section 12.2 - Nature of Easements " " " ' 30
Section 12.3 - Certain Rights and Easements Reserved
to Declarant
31
Section 12.4 - Certain Easements Ear Owners .
. 31
Section 12.5 - Certain Easements for Association " ' 31
Section 12.6 - Support, Settlement and Encroachment 32
••. 32
ARTICLE XIII - RIGHTS OF LENDERS
Section 13.1 - Filing Notice; Notices
Section 13.2 - Priority of Mortgage Lien and Approvals . 32
Section 13.3 - Curing Defaults 33
Section 13.4 - Resale " " " " ' 33
Section 13.5 - Relationship with Assessment " " 33
nt Liens
Section 13.6 - Other Rights of Mortqaqees...... 33
Section 13.7 - Mortgagees Furnishing Information " " 34
Section 13.8 - Conflicts 34
34
ARTICLE XIV - PROTECTION OF THE PROJECT FROM LIENS .... 34
Section 14.1 - Association to Defend Certain Actions .
Section 14.2 - Payment of Lien 34
Section 14.3 - Owners to Be Specially Assessed...•. 35
Section 14.4 - Reimbursement by Certain Owners .••• " .,• 35
ARTICLE XV - GENERAL PROVISIONS ........
Section 15.1 - Enforcement
Section 15.2 - No waiver " " " " ..... 35
Section 15.3 - Cumulative Remedies. " " " ' 35
Section 15.4 - Severability ............ " "..... 36
Section 15.5 - Covenants to Run with the Land; Term 36
Section 15.6 - Construction 36
Section 15.7 - Singular Includes Plural " " ' 36
Section 15.8 - Nuisance " " " ' ......•• 36
Section 15.9 - Attorneys' Fees.... " " ...... 36
Section 15.10 - Notices " " " " " ........ 36
Section 15.11 - Obligations of Declarant . " ....... 36
Section 15.12 - Effect of Declaration 37
Section 15.13 - Personal Covenant ......•......' 37
Section 15.14 - Nonliability of Officials" ....... 37
Section 15.15 - Leases " " " ......•• 37
Section 15.16 - Construction By Declarant..... 38
Section 15.17 - Amendments " " " " '••.... 38
33
SIGNATURE PAGE
XHIBITS: ,
"A" - Pr'jFarty Description
Master Slope and Landscape Maintenance area
- Net Usable Area Calculations
MASTER DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS
GATEWAY CORPORATE CENTER
LOS ANGELES COUNTY CALIFORNIA
THIS DECLARATION is made this�_ day of /y�dk-L��
1987, by DIAMOND BAR BUSINESS ASSOCIATES, a California geenerr1al
partnership (Declarant').
R E C I T A L S:
A. Declarant is the fee owner of the real property
located in an unincorporated area of Los Angeles County,
California, more particularly described in Exhibit 'A' to this
Declaration. This Declaration is being imposed by Declarant upon
the Covered Property, as hereinafter defined.
B. Declarant has deemed it desirable to establish
certain master covenants, conditions and restrictions upon the
Covered Property and each and every portion thereof, which will
constitute a general scheme for the maintenance, management and
development on an integrated basis of the Covered Property, and
for the use, occupancy and enjoyment thereof, all for the purpose
of enhancing and protecting the value, desirability and
attractiveness of the Covered Property.
C. It is desirable for the efficient management of the
Covered Property and the preservation of the value, desirabilit
and attractiveness of the Covered Property to create a y
corporation to which should be delegated and assigned the powers
Of managing and administering certain portions of the Covered
Property and administering and enforcing these covenants,
conditions and restrictions and collecting and disbursing funds
pursuant to the assessments and charges hereinafter created and
referred to, and to perform such other acts as shall generally
benefit the Covered Property.
0. Gateway Corporate Center Association, a nonprofi_
mutual benefit corporation, will be incorporated under the laws
of the State of California for the purpose of exercising the
Powers and functions aforesaid.
E. Oeclarant will hereafter hold and convey title t=
all Of the Covered Property subject to certain protective
covenants, conditions and restrictions hereafter set forth.
NOW, THEREFORE, Declarant hereby covenants, agrees
declares that 'all of its interest as the same .nay cr T t_, -e -
time appear in the Covered Property shall be held and =cn:ear?-
sublect to the [ollowinq covenants, conditions, cestr_c-_�ns
easements •.+nick are "eceby declared to 5e eor the bene_:-
Lnterests ;n the Covered Property, and the jwners oe saiz!
interests, their successors and assigns. These covenants.
0047Y/C2052-003
Adl:02/03/87
Conditions, restrictions and easements shall run with said
interests and shall be binding upon all parties having or
acquiring any right or title in said interests or any part
thereof, and shall inure to the benefit of each owner thereof and
are imposed upon said interests and every part thereof as a
servitude in favor of each and every of said interests as the
dominant tenement or tenements.
ARTICLE I
DEFINrIONS
Unless the context clearly indicates otherwise, the
following terms used in this Declaration are defined as follows:
Section 1,1 "Architectural Committee' shall mean and
refer to the committee or committees provided for in Article v
hereof, entitled "Architectural Control."
Section 1.2 "Articles' and "Bylaws" shall mean and
refer to the Articles of Incorporation and Bylaws of the
Association as the same may from time to time be duly amended.
In the event of any conflict between the Articles, the Bylaws and
this Declaration, the provisions of this Declaration shall
control.
Section 1.3 *Assessments:, The following meanings
shall be
given to Assessments hereinafter defined:
"Regular Assessment" shall mean the amount which is to
be paid by each Owner to the Association for Common Expenses.
'Special Assessment' shall mean a charge against a
Particular Owner and such Owner's Lot, directly attributable to
the Owner, to reimburse the Association for costs incurred in
bringing the Owner and such Owner's Lot into compliance with t^e
provisions of this Declaration, the Articles, Bylaws or
Association Rules, or any other charge designated as a Special
Assessment in this Declaration, the Articles, Bylaws or
Association Rules, together with attorneys' fees and other
charges payable by such Owner, pursuant to the provisions of th:;
Declaration, plus interest thereon as provided for in this
Declaration.
"Capital Improvement Assessment' shall mean a charge
against each Owner and each Owner's Lot, representing a Portion
of the cost to the Association for the installation of any
additional landscaping within the Master Slope and Landscape
Maintenance Area, any and all additional grading work within 3r.y
Portion of the Master Slope and Landscape Maintenance Area,
and/or any additional Improvements within any portion of the
Master Slope and Landscape Maintenance Area ani/or within any
Portion of the Coun►y Master Maintenance Area which the
Association may reasonably authorize from time to time Purs�ac-
to the terms of this Declaraticn and in furtherance of t1e
PPurposes hereof for the improvement and tenefit of .he
roperty.
"Reconstruction Assessment" shall mean a charge against
each Owner and each Owner's Lot, representing a portion of the
cost to the Association for the reconstruction of any
improvements, including landscaping, located within the Master
Slope and Landscape Maintenance Area and/or the County Master
Maintenance Area.
Section 1.4 'Association' shall mean and refer to
Gateway Corporate Center Association, a nonprofit mutual benefit
corporation, incorporated under the laws of the State of
California, its successors and assigns.
Section 1.5 'Association Rules" shall mean rules
adopted by the Association pursuant to Article VI hereof,
entitled Duties and Powers of the Association'.
Section 1.6 "Board" shall mean the Board of Directors
of the Association.
Section 1.7 "Building" shall mean any structural
improvement on any Lot which is enclosed by exterior walls, floor
and roof and is designed for human occupancy and the conduct
within of activities and business by the Owner of such Lot, or
such Owner's licensees, tenants, successors or assigns.
Section 1.8 'common Expenses' shall mean and refer to
the actual and estimated costs of:
(a) maintenance, management, operation and/or
repair of the Master Slope and Landscape Maintenance Area
and/or the County Master Maintenance Area, and all other
areas within the Covered Property which are or may of
maintained by the Association;
be
(b) actual, out-of-pocket costs of management and
administration of the Association, including, but not limited
to, compensation paid by the Association to managers,
accountants (including the costs of audits and related
financial statements and reports with respect to the
Association's books and records), attorneys, consultants and
employees and to any individual or entity retained by the
Association. including without limitation, Declarant, ?or
purposes of performing and discharging the Association7s
duties as set forth in Article VI hereof, entitled •'Outies
and Powers of the Association";
(c) the costs of utilities, erosion control, pes-
control, irrigation, gardening and other services for the
Master Slope and Landscape Maintenance Area and/or the County
Master Maintenance Area, and which are not separately paid
Lot Owners;
(d) the costs of fire, casualty, liability,
workmen's compensation and other insurance covering the
Master Slope and Landscape Maintenance Area and/or :he
Master Maintenance Area;
(e) the costs of any other insurance obca:^ec
the Association, including liability insurance Eor meaner_.
the Board and Architectural Committee;
- 3 -
the Board; (f) reasonable reserves as deemed appropriate ty
(g) the costs of bonding of the members of the
Board, any professional managing agent or any other person
handling the funds of the Association;
(h) taxes paid by the Association;
(i) amounts paid by the Association for the
discharge of any lien or encumbrance levied against the
Master Slope and Landscape Maintenance Area and/or the County
Master Maintenance Area;
(J) costs incurred by committees established by
the Board in accordance with this Declaration and the Bylaws;
(k) costs of security services Ear the Covered
Property, which the Association may contract for, at its
option;
(1) unpaid Regular Assessments;
(m) other expenses incurred by the Association Ear
any reason whatsoever in connection with the Master Slope and
Landscape Maintenance Area and/or the County Master
Maintenance Area or the costs of any other item or items
designated by this Declaration, the Articles, Bylaws or
Association Rules, or in furtherance of the purposes of the
Association or in the discharge of any duties or powers of
the Association.
Section 1.9 "County" shall mean the County of Los
Angeles. The Covered Property is currently located in the County
of Los Angeles and in the event that such area becomes part of an
incorporated city, then "County" shall mean and refer to such
incorporated city.
Section 1.10 "County Master Maintenance Area" shall
mean and refer to that portion of the Covered Property or that
area or those areas outside the Covered Property, which the
County may hereafter require the Association to maintain, or
which the Association may hereafter agree to maintain pursuant
any written agreement with Oeclarant, or with respect to which
the Association shall expressly assume Declarant's maintenance
duties under one or more agreements entered into by Declarant ant
County as a condition of and in connection with Oeclarant's
development and use of the Covered Property.
. Section 1.11 "Covered Property" shall mean and refer t
all the real property described on Exhibit "A" hereto.
Section 1.12 "Oeclarant" shall mean and refer t3
Diamond Bar Business Associates, a California ceneral partnerzn:�:
and to any person, partnership, corporation or association,
whether awned in whole or in part and whether controlled
or indirectly by the Declarant, CO whom the Declarant av ass.:
in writing its rights under this Declaration.
Section 1.13 "Exhibit" shall mean and refer to those
documents so designated herein and attached hereto and each of
such Exhibits is by this reference incorporated in this
Declaration.
Section 1.14 "Improvements" shall mean and include
structures and construction of any kind, whether above or below
the land surface, including but not limited to, Buildings,
outbuildings, walls, water lines, sewers, electrical and gas
distribution facilities, parking facilities, walkways. fences.
hedges, mass plantings, poles, signs and any other structures of
any type or kind.
Section 1.15 'Lot"
legal parcelshall mean each of the separate
s shown on Exhibit "A' attached hereto. 'Lot" also
shall mean and refer to any lotshown an any final map which is
hereafter filed for record or any parcel shown on any tract or
parcel map filed for record to the extent such
Covered Property. lot is part Of the
Section 1.16 "Master Slope and Landscape Maintenance
Area" shall mean and refer to those shaded portions of the
Covered Property shown on Exhibit "B" to this Declaration, the
slopes, landscaping, drainage systems and/or irrigation of which
the Association shall have the duty to maintain, repair, replace
and/or restore in accordance with the terms of this Declaration.
The Master Slope and Landscape Maintenance Area includes that
certain open space area (the "Open Space") owned by the
Association as more particularly set forth in said Exhibit "9".
Section 1.17 "Member" shall mean and refer to every
person or entity who qualifies for membership pursuant to the
Article of this Declaration entitled "Membership", including
Declarant so long as Declarant qualifies for membership pursuan_
to said Article.
Section 1.18 "Mortgage" shall mean and refer to any
duly recorded mortgage or deed of trust encumbering a Lot. A
"First Mortgage" shall refer to a Mortgage which has priority
over any other Mortgage encumbering a specific Lot.
Section 1.19 "Mortgagee" shall mean and refer to the
mortgagee or beneficiary under any Mortgage. A "First Mortgagee"
shall mean the holder of a Mortgage that has priority over any
other Mortgage encumbering a Lot.
Section 1.20 "Net Usable Area" shall mean and refer -
the total usable area of each Lot located within the Covered
Property exclusive of the Open Space, as set in Exhibit "C"
attached to this Declaration, determined on the basis ad
the
entire flat area of a Lot plus any sloping portion of the ?ren;
Yard setback. Included within said Exhibit "C", is a desigr.3-.
of the percentage of the Net Usable Aced of each Loc
proportion t3 -the Net Usable Area of the Covered p.^ '
-
designation shall be fully binding and conc_usive pere�r„_
Owner. Declarant's civil engineers may hereacter-ec3:c3G3t, _
recertify the Net Usable Area rn each Lot. Cf there are 3nv
deviations from the Net Usaole Areas shown n Exh- •C••
Declarant shall immediately prepare and record an amendment -_
this Declaration and Exhibit reflecting the recalculated and
recertified Net Usable Areas for the Lots. In the event of tr.e
subdivision of any Lot, Declarant's civil engineer, or in the
event Declarant no longer owns any interest in the Covered
Property, a duly qualified civil engineer retained by the
Association, shall calculate the Net Usable Area of the Lots so
subdivided, which calculation shall be binding and conclusive an
the Owners. In such event, the calculation performed by sucn
civil engineer will be used to recalculate the respective votes
available to the Members in accordance with Section 2.4 and the
respective allocation of Assessments to Owners in accordance with
Section 3.4 and the Association shall promptly prepare an
amendment to Exhibit 'C' which may be recorded by the Association
without the consent of any Owner notwithstanding any other term
or provision of this Declaration to the contrary.
Section 1.21 "Occupant' shall mean those persons
entitled by ownership, leasehold interest or other legal
relationship to the right to occupy any portion of the Covered
Property or the Improvements.
Section 1.22 'Open Space" shall mean and refer to that
portion of the Master Slope and Landscape Maintenance Area
designated as such on Exhibit 'g_ attached hereto.
Section 1.23 'Owner' shall mean and refer to one or
more persons or entities who are alone or collectively the :ec:rt
owner of a fee simple title to a Lot, including Oeclarant. or the
vendee under an installment land sales contract, but excluding
those having any such interest merely as security for the
performance of an obligation. In the event that the ownership c:
any Building or other Improvements on any portion of the Coverea
Property shall ever be severed from the land, whether by lease :)r
by deed, only the owner of the interest in the land shall be
deemed an Owner hereunder. An Owner shall not necessarily be an
Occupant. The owner of the fee title and not the lessee of a
shall be deemed the Owner regardless of the term of any lease:
provided, however, that Declarant hereby reserves the right to
have any lessee who has leased any Lot(s) owned by Oeclarant _or
a period of twenty-five (25) years or more to be considered the
"Owner" of such Lot(s) for purposes of this Declaration.
ARTICLE II
MEMBERSHIP
Section 2.1 - Membership. Every Owner shall be a
Member. The terms and provisions set forth in this Declaration
which are binding upon all Owners are not exclusive, as Owners
shall, in addition, be subject to the terms and provisions of :--
Articles, Bylaws and Association Rules to the extent the
Provisions thereof are not in conflict with this Declaracion.
Membership of Owners shall be appurtenant to a•d may not to
separated front the interest of such Owner in any Lot. Owners-.
of a Lot shall be the sole qualification for membership:
provided, however, a Member's voting cights, if any, -ay =e
regulated or suspended as provided in this Declaration. =ne
Bylaws or the Association Rules. One membership sna,i �z:s-
each Owner irrespective of the number of Lots owned ov ir.
Section 2.2 - Transfer. The membership held by pny
Owner shall not be transferred, pledged or alienated in any way,
except that membership shall
Owner which shall acquire automatically be transferred to an
interest all of another Owner's right, title ar.-
of an Owner within the Covered Property. Any attempt :o
make a prohibited transfer is void and will not be reflected upon
the books and records of the Association. The Association snail
have the right to record the transfer upon the books of the
Association without any further action or consent by the
transferring Owner. The Association shall have the right to
impose a reasonable fee to cover the cost of documentation and
clerical services incurred with respect to the transfer of
ownership interests on the books and records of the Association.
Notwithstanding any other provision of this Declaration an
Owne
r s
been paidright to vote shall not vest until such transfer fee has
been .
Section 2.3 - votin Ri hts of Declarant. So long as
Declarant shall (i) remain the Owner of not less than twenty
percent (25%) of the Lots within the covered Pro ert i)
shall remain the Owner of such Lots having a total Net Usable)
Area of not less than twenty-five percent (25�) of the aggregate
Net Usable Area of all Lots within the Covered Property; or (iii)
until Declarant shall elect in writing to authorize voting on the
Part of all Members, whichever occurs first, Declarant shall be
the only Member entitled to vote on any matter pertaining to any
Provision contained in this Declaration or theBylaws; provided,
however, that all voting rights, whether exercisable by
Declarant, or by the Members, as the case may be, shall be
subject to the restrictions and limitations provided herein and
the Articles, Bylaws and Association Rules.
that votingcrights tMembers. sf the date
Eor
all r
Membesbecomeeffectiveinaccordance
with Section 2.3 hereof, each Member shall be entitled to vote
that percentage of the total votes available to all Members (such
total being deemed to be 100) reflected by the ratio that
Usable Area of all Lots owned by a Member bears to the total Vie^
the ;re^
Usable Area of all Lots in the Covered Property, exclusive of t
ne
Open Space. when more than one person owns a portion of the
interest in a Lot required for membership, all such persons
collectively shall be a Member and the vote for such Lot shall =e
exercised as they among themselves determine, but in no event
shall more votes be cast with respect to any Lot than could ee
cast if such Lot were owned by only one Owner. rE any Owner
casts a vote representing his Membership, it will thereafter be
conclusively presumed for all purposes that he was acting with
the authority and consent of all other Owners of the same Lot.
Any votes cast in violation of this provision shall be null and
void.
Section 2.5 - Approvals and Consents. Prior to the �3
voting rights for all Members become effective in accordance
ection 2.3 hereof, any provision of this Declaration or the
Bylaws which requires the vote or written consent of a spec:::,:
majority of the voting power of the Associationsha11 be �ee-"_
satisfied upon Declarant's written consent, exercisinq the
voting power of the Association. Provided thatvotinq
the Members shall have previously become effective :n 3ccD;-37- _
with Section 2.3 hereof, and unless otherwise specific3:ly
MAN
administering and enforcing these covenants, conditions and
restrictions, collecting and disbursing funds pursuant to -his
Declaration or in furtherance of any other duty or power of the
Association.
Section 3.3 - Regular Assessments. Not later than sixty
(60) days prior to the beginningoeach Fiscal f
shall distribute to each Membera Year, the Board
or budget for the upcoming Fiscal pro Forma operating statement
year ,things, estimate the total Common Expenselch to beallincurredgforhsuch
fiscal year. The Board shall at that time
Of the Regular Assessment determine the amount
shall thereafter to be paid by each Member. Each Member
as established by the Board. Each such installmen-
ments pay to the Association his Regular Assessment in
installments
shall be due and payable on the date established by the Board in
the written notice sent to Members. In the event the Board shall
determine that the estimate of total charges for the current year
is, or will become inadequate to meet all Common Expenses for any
reason, it shall then immediately determine the approximate
amount of such inadequacy and issue a supplemental estimate of
the Common Expenses and determine the revised amount of Regular
Assessment against each Member, and the date or dates when due.
Section 3.4 - Allocation of Assessment. Regular
Assessments,Capital Improvement Assessments and Reconstruction
Assessments shall be borne proportionately by each Owner in the
same proportion that the Net Usable Area of an Owner's Lot bears
to the total Net Usable Area within the Covered Property as shown
by the pertinent percentage designated on Exhibit -C' hereto.
Section 3.5 - Certificate of Pa ent. The Association
shall, upon demand, furnish to any Member liable for Assessments.
a certificate in writing signed by an officer or authorized agent
Of the Association, setting forth whether the Assessments on a
specified Lot have been paid, and the amount of delinquency, if
any. A reasonable charge may be collected by the Board for the
issuance of these certificates.
Section 3.6 - Exempt Property. All properties dedicated
to and accepted by, or otherwise owned or ac uired b
authority or the Association shall be exemptgfrom the,
lAssessmen-s
created herein.
Section 3.7 - Soeciai Assessments. Special Assessments
shall be levied by the Board against a Lot to reimburse the
Association for:
) costs
with e
incurred in bringing an Owner and his
Lot into tom
visins of
the Articles, the Bylaws or Association Rulesis Declaration,;
(b) any other charge
Assessment in this Declaration, designated
Bylaws as a jar
Association Rules;
(c) attorneys' fees, interest and any other
charges relating thereto as provided in this Deciarat;_n;
(d) any extraordinary or disproport:onate c_s-
expense incurred by the Association in the maintenance
Association of the Master Slope and Landscape Maintenar.ce
-4-
Area, and/or the County Master Maintenance Area due CO the
use by an Owner or Occupant Of a Lot located within the
Master Slope and Landscape Maintenance Area and/or County
Master Maintenance Area in such a manner as to require sura
extraordinary or disproportionate cost, such as, but not by
way of limitation, the use by such Owner of unusual, exotic
or sensitive plants or landscaping materials on such Owner's
Lot.
In the event the Association undertakes to
provide
materials or services which benefit individual Lots and which may
be accepted at the election of individual Owners, such Owners in
accepting such materials or services agree that the costs thereof
shall be a Special Assessment.
Section 3.8 - Date of Commencement of Re ular
AUO t ssessments. The Regular Assessments shall commence as to all
thesfirsthLot1bytday of Declaranthtomantilndi•vidualgthe OwnerconIt is of
provided, further, that in the event the amount budgeted to meet
inmlight ofn
nthe actualeCommonthencurrent year proves to be excessive
Expenses, the Board in its
discretion may either reduce the amount of the Regular Assessment
or may abate collection of Regular Assessments as it deems
appropriate.
Section 3.9 -Ca ital Im rovement Assessments. In
addition to the Regular Assessments, the Association may levy in
any calendar year, a Capital Improvement Assessment applicable to
that year only, for the purposes described in Section 1.3 hereof
and for the purpose of defraying, in whole or in part, the cost
of any construction or replacement (other than due to
destruction) of any Improvements installed by the Association
within any portion of the Master Slope and Landscape Maintenance
Area for the benefit of the Covered Property, any Improvements
installed by the Association within any portion of the County
Master Maintenance Area as required by any writing by and between
Declarant and the County, or the Association and the County
Pertaining to the County Master Maintenance Area, or any
Improvement located with any Lot owned by the Association to the
extent the same is not covered by the provisions covering
Reconstruction Assessments in Article IX, entitled "Destruction
Of Improvements". All amounts collected as Caoical Improvemen_
Assessments may only be used for Capital improvements and shall
not be commingled with any other funds of the Association.
Section 3.10 - No Offsets. All Assessments shall ce
Payable in the amount specified by the Assessment and no offsets
without limitatainst such ion, asaalbe resultroftaeclaim thatr any (i)
t including,
Association is not (i) the
s as
provided in this Declaration; orf(ii).asing 1Member ts lhas es amade nd oorcelec-s
to make no use of the Master Slope and Landscape Maintenance .A•s;
and/or County Master Maintenance Area.
Section 3.11 - Reserves. The Regular Assessments ;3..
include reasonable amounts as determined by the Board roller
as reserves for the future periodic maintenance, repair or
replacement of all or a portion of
'lthe Master Slope and La^d_,_;
aincenance Area and/or County Master Maintenance Area Cr 3nv
_la-
other purpose as determined by the Board. All amounts collected
as reserves, whether pursuant to this Section or otherwise, snail
be deposited by the Board in separate interest bearing bank
accounts to be held in trust for thepurposes for which they are
collected and are to be segregated from and not commingled with
any other funds of the Association. Such reserves shall be
deemed a contribution to the capital account of the Association
by the Members.
ARTICLE Iv
NONPAYMENT OF ASSESSMENTS
Section 4.1 - Oelincuenclr. Any Assessment provided !or
III this Declaration which is not paid when due shall be
delinquent on said date (the 'delinquency date'). If any such
Assessment is not paid within ten (10) days after delivery of
notice of such delinquency from the Associaton, a late charge
equal to ten percent (10%) -of the Assessment shall be levied and
the Assessment shall bear interest at the rate of fifteen percent
(15%) per annum from the delinquency date, but in any event not
higher than the maximum rate permitted by Law. The Association
may, at its option, and without waiving the right to judicially
foreclose its lien against the Lot, pursue any available
remedies, including, without limitation, bringing an action at
law against the Owner personally obligated to pay the same,
and/or upon compliance with the notice provisions set forth in
Section 4.2 hereof, entitled 'Notice of Lien", to foreclose the
lien against the Lot. If action is commenced, there shall be
added to the amount of such Assessment the late charge, interest,
the cost of such action, and attorneys, fees incurred in
connection with such action; and in the event a judgment is
obtained, such judgment shall include said late charge, interest
and a reasonable attorney's fee, together with the costs Of
action. Each Owner vests in the Association or its assigns, the
right and power to bring all actions at law or lien foreclosure
against such Owner or other Owners for the collection of such
delinquent Assessments.
Section 4.2 - Notice of Lien. No action shall be
brought to foreclose said Assessment lien or to proceed under :ne
Power of sale herein provided until thirty (30) days after the
date a notice of claim of lien is deposited in the United States
mail, certified or registered, postage prepaid, to the Owner of
said Lot, and a Copy thereof is recorded by the Association in
the office of the County Recorder in the County; said notice o:
claim of lien must recite a good and sufficient legal descriot:=-
of any such Lot, the record Owner or reputed Owner thereof, -t e
amount claimed which shall include a late charge equal to ten
percent (10%) of the unpaid Assessment and interest on the unp3_•
Assessment at the rate of fifteen percent ( M ) per annum. ou:
any event not.higher than the maximum rate Per ... itted by ;aw, c
reasonable attorneys, fees and expenses of collection :n
connection with the debt secured by said Lien. Said :ate cn3r--
may be increased by the Board in its reasonable discret:cn
more frequently than annually based upon increases ;n ane
Consumer Price Index - All Urban Consumers (Los Angeles/Lir.:
Beach Anaheim Area; Base: L967.100), as published cy -he ;
States Oepartment of Labor, Bureau Of Labor Statistics.
Z�
4.
closure
be enforcedcbyosale3by thee
Association, its
personorAssessment anyeot�ee
person authorized by the Board to make the sale after failure 7_'
the Owner to make the payments specified in the notice of claim
Of lien within said thirty (30) day period. Any such sale
provided for above is to be conducted in accordance with the
provisions of Sections 2924, 2924b, 29240, 2924f, 29249 and 2924h
Of the Civil Code of the State of California as said statutes may
from time to time be amended, applicable to the exercise of
powers of sale in mortgages and deeds of trust, or in any other
manner permitted or provided by law. The Association, through
its duly authorized agents, shall have the power to bid on
Lot, using as a credit bid the amounts the
secured by such lien,
Association funds, or funds borrowed for such purpose, at the
sale, and to acquire and hold, lease,
same. The Board mortgage and convey the
is hereby appointed as trustee of the applicable
Lot(s) for purposes of noticing and effecting any sale pursuant
to the provisions of this Article IV.
Section 4.4 - Curin of Default.
Payment or other satisfaction of: Upon the timely
(a) all delinquent Assessments specified in the
notice of claim of lien;
(b) all other Assessments which have become due
and payable with respect to the Lot as to which such notice
of claim of lien was recorded; and
(c) interest, late charges, attorneys- fees and
other costs of collection pursuant to this Declaration and
the notice of claim of lien which have accrued, officers of
the Association or any other persons designated by the Board
are hereby authorized to file or record, as the case may be,
an appropriate release of such notice, upon payment by the
defaulting Owner of a reasonable fee to cover the costs o.f
preparing and filing or recording such release.
Section 4.5 - Reassessment of the Members. In the even:
the Association is unable to obtain Paymentfrom one or more
Owners for any Assessment(s) prior to the delinquency
date for such Assessments) (as described in Section 4.1),
Association, without releasing any delinquent Owner and witthe
hout
waiving any remedy set forth herein, may reassess the Members for
such unpaid Assessment(s).
ARTICLE v
ARCHITECTURAL CONTROL
Section 5.1 - AePOintment Of Architectural Cornit�ee
The Declarant shall initially appoint the Architectura.l
Committee, and shall retain the right to appoint, augment -:r
replace all members of the Architectural Committee for so
Oeciarant awns not less than twenty percent (20°x) of the
Net Usable Area within the Covered Property. The ArchLtec-,;3.
Committee shall consist Of not less than three (3) nor ,ora -
five (5) persons as fixed from time to time by Declarant oral
such transfer of voting rLghts to the Members, by resO.ut;:,
the Board. Persons appointed by the Board to the Architectlr,`
-141-
Committee must be Members; however, persons appointed by
Declarant to the Architectural Committee need not be Members,
Declarant's sole discretion. in
Section 5.2 - ,-eneraL Provisions.
(a) The Architectural Committee may establish
reasonable procedural rules and may assess a fee not to
exceed One Thousand Dollars (;1,000) (unless the
Architectural Committee reasonably determines that such
fee
is insufficient to defray the expenses of a review in
compliance with the provisions of this Article, in which
event the Architectural Committee may impose an increased
fee). Such fee shall be imposed with respect to any
submission of plans in connection with review of plans and
specifications including, without limitation, the number of
sets of plans to be submitted. Such fee shall be subject to
annual increases as reflected by the Consumer Price Index
(All Urban Consumers - Los Angeles, Anaheim, Long Beach area)
as published by the U.S. Dept. of Labor, Bureau of Labor
Statistics. The Architectural Committee may, however,
delegate its plan review responsibilities to one or more
members of such Architectural Committee. Upon such
delegation, the approval or disapproval of plans and
specifications by such persons shall be equivalent to
approval or disapproval by the entire Architectural
Committee. Unless any such rules are complied with, such
plans and specifications shall be deemed not submitted.
(b) The address of the Architectural Committee
shall be the principal office of the Association as
designated by the Board pursuant to the Bylaws. Such address
shall be the place for the submittal of plans and
specifications and the place where the current Design
Guidelines shall be kept.
The
establishment the
Architectural
Committee and the Systemsherein forarchitecturalaopr�val
shall not be construed as changing any rights or restr:ct;:ns
upon Owners to maintain, repair, alter or modify or otherwlsa
have control over the Lots as may otherwise be specified in
this Declaration, in the Bylaws or in any Association Rules.
(d) In the event the Architectural Committee 431:s
to approve or disapprove such plans and specifications in
writing within thirty (30) days after the same have been
submitted in accordance with any rules regarding such
submission adopted by the Architectural Committee, such pl,ins
and specifications will be deemed approved only after f,lr-ner
inaction by the Architectural Committee following fifteen
(15) days from the delivery of written notice that tee
Architectural Committee failed to approve or dlsaopr.)ve ;_�•.
plans and specifications within the initial thirty (30)
period and that the Architectural Committee will be lee�e-
have approved such plans and specifications if it f3L:S -
disapprove same within such fifteen (15) day oer:)d ;
the delivery of such notLce.
Section 5.3 - AporovaL ind ('on^or^i'y := 'L3ns.
(a) No Improvements Shall be erected. 313cet.
altered, maintained or permitted to remain :n any :f -.._
-L3-
Covered Property until plans and specifications showing tr.e
Plot layout and all exterior elevations with materials and
colors therefor and structural designs, signs, parking,
driveway, walkways and landscaping shall have been submit
ted
to and approved in writing by the Architectural Committee;
provided, however, that the restrictions set forth in -his
Section s.3 shall not apply to
erected, Improvements which are �� ce
placed or altered entirely within a Building whitn
do not affect the exterior or the structural design Of a
Building. Such plans and specifications shall be submitted,
in writing over the authorized signature of the Owner Ic
Occupant of the Lot, or his authorized agent. Those certain
architectural design criteria and specifications more
particularly described as the "Gateway Corporate Center
Diamond Bar Design Guidelines" prepared by Hill Pinkert
Architects, Inc., and dated October, 1986, are hereby
initially adopted as the prevailing architectural standards
("Design Guidelines') for the Covered Property. The Board
from time to time may hereafter amend the Design Guidelines
so long as any such amendment(s) shall be in substantial
conformity with the Design Guidelines or are reasonably
necessary in light of circumstances or factors or
circumstances which were not forseeable at the time of the
adoption of the Design Guidelines. The Design Guidelines
adopted by the Board shall apply with respect to the plans
and specifications, and the Improvements contemplated
thereby, which are subject to approval by the Architec:urai
Committee, shall be administered through the Architecturai
Committee. The Design Guidelines, or any amendments t.".ereto.
shall include among other things those restrictions and
limitations upon the Owners set forth below:
(i) Conformity of completed Improvements O
plans and specifications approved by the Architecturatl
Committee pursuant to this Article v; provided, however,
that as to purchasers in good faith and for value, -ne
restrictions set forth herein pertaining to
norncompletion or noncomformance shall not apply, unless
notice of noncompletion or nonconformance identifying
the violating Lot and its Owner and specifying the
reason for the notice, executed by the Architectural
Committee shall be filed of record in the Office of -^e
County Recorder of the County, and given to such Owner
within thirty (30) days cf the expiration of the time
limitation described in subsection (i) above, or unless
legal proceedings shall have been instituted to encore
compliance or completion within said thirty (30) ,-,ay
period, and the completed Improvements shall be deemed
to be in compliance with plans and specifications
approved by the Architectural COrrmittee as required
herein and in compliance with the applicable oesian
Guidelines, but only with respect to purchasers and
encumbrancers in good faith and for value; and
(ii) Such other limitations and
as the Board in its reasonable discretion ;nail
from time to time, including, wtthOUC 11^L^3t:,1n,
regulation Of the following: construction,
reconstruction, exterior addition, change :r iL�er;-.
to or maintenance of any auildinq, structure,
-LJ-
fence or other Improvement, including, without_
limitation, the nature, kind, shape, height, materia:s,
exterior color and surface and location of such
Improvement; the type, location and elevation of trees,
bushes, shrubs, plants, hedges and fences; the harmony
of exterior design and color in relation to other
Improvements within the Covered Property: effect �E
location and use of improvements and landscaping on
neighboring property, Improvements, landscaping,
operations and uses; relation of topography, grade and
Einished ground elevation of the property being L -proved
to that of neighboring property;
primary elevations proper Eacinq ofwith respect to nearby streets;
preservation of view and aesthetic beauty; with respect
to fences, walls and landscaping, assurance of adequate
access by the Association in connection with the
ies
hereunderCeconformity of its twith asuch nd hrules rand eregulationsof itsears
s
may be adopted by the Architectural Committee in
accordance with this Article; conformity of the plans
and specifications to the purpose and general plan and
intent of this Oeclaration and inclusion in such plans
and specifications of provision Ear the construction of
adequate parking, driveways, walkways in relation to the
Buildings which are to be constructed thereon and the
uses to be made thereof.
(b) The Board may further adopt a procedure by
which a prospective Owner intending to erect Improvements on
a Lot may submit and obtain the advance approval of the
Architectural Committee of such prospective Owners plans
therefor prior to the purchase of a Lot.
Section 5.4 - Nonliabilit Eor Aa roval of Plans. Plan,
and specifications are not approved Eor engineering design, and
.by approving such plans and specifications neither the
Architectural Committee, the members thereof, the Association,
the Members, the Board nor Declarant assumes liability or
responsibility therefor, or for any defect in any structure
constructed from such plans and specifications.
Section 5.5 - Appeal. In the event plans and
specifications submitted to the Architectural Committee are
disapproved thereby, the party or parties making such submiss:cn
may appeal in writing to the Board, in the event voting rights
shall have become effective for the Members. The written reques-
shall be received by the Board not more than thirty (30) days
following the final decision of the Architectural Committee. 71,
Board shall submit such request to the full Architectural
Committee for review, whose written recommendations will be
submitted to the Board. within thirty (30) days fallowing
receipt of the request for appeal, the Board shall render
written decision. The failure of the Board to render s: r.
favon said thirty (30) a �ec:
rof day period shall be de.:cred a decLs:.;r. _
favor the appellant. Prior to the date voting cignts sha:_
have become effect-ve for the Members, any decision ty t!.e
Architectural Committee shall be final.
Section 5.5 - [ns ecti_
Berber of th(:jr
nm Acchitectuc3l lJm on end Recording—e c any Cr -)f AcorDve.
te , o
Lcec.
employee or agent of the Association at any reasonable ti�ne
int
after not less than twenty -Four (24) hours notice, may enter,
without being deemed guilty of trespass, upon any Lot and
improvements thereon after notice to the Owner in order to
inspect Improvements constructed or being constructed on sucn :L.:
to ascertain that such Improvements have been or are being built
in compliance with plans and specifications approved by the
Architectural Committee and in accordance with the Design
Guidelines. The Architectural Committee shall cause such In
inspection to be undertaken within thirty (30) days of a request
therefor from any Owner as to his Lot, and if such inspection
reveals that the Improvements located on such Lot have oeen
completed in compliance with this Article, the President and the
Secretary of the Association shall provide to such Owner a notice
Of such approval in recordable form which, when recorded, shall
be conclusive evidence of compliance with the provisions of this
Article as to the Improvements described in such recorded notice.
but as to such Improvements only.
Section 5.7 - Subterranean Im rovements. No Improvement
in the Covered Property which e
will extnd beneath the surface of
the ground for a distance of more than six (6) inches shall be
commenced unless plans and specifications therefor have been
approved by the Architectural Committee. without limiting the
generality of the foregoing, the Architectural Committee shall
not approve plans or specifications for any such subterranean.
Improvement which interferes with the drainage of or thrcugn -ne
Covered Property unless adequate provision has been made to
relocate the drainage flow to the satisfaction of the
Architectural Committee. The procedure used by the ArcnLtect1r31
Committee shall be adopted by the Board for submitting sucn pians
and specifications, approval of and conformity to such plans and
specifications, time limitations for completion of Improvements
in compliance with approved plans and specifications, and
determining when such plans and specifications shall be deemed
iPProved. Plans and specifications are not approved for
engineering design, and by approving such plans and
specifications neither the Board, the members thereof, the
Association, the Members nor Declarant assumes liability or
responsibility therefor, or for any defect in any structure
constructed from such plans and specifications.
Section 5.8 - Compliance with Laws. All I:sprovements
shall further be constructed in compliance with all applicable
permits and authorizations, a'.1 building and zoning laws Ind a
other laws, ordinances, orders, codes, rules, regulations Ind
requirements of all federal, state, county, :municipal
governmental agencies and bodies having jurisdiction (incl din,,
but without limiting the generality of the foregoing, the
Provisions of California Civil Code Section a32. as sa.d Sect;_.•.
from time to time may be amended, and the provisions of -he
applicable Uniform Building Code (as the same ccoM time
:nay be amended).
Section 5.9 - Co^aleczon of work. After -ne
commencement or -he work with respect to any imprzve^en-;
approved by the Architectural Committee Ln accordance
terms hereof, such work shall be diligently pr:secur:ed ;o -r,;-
the Improvements shall not remain Ln a partly finisned
any longer than reasonaoly necessary ;or the comp,ec:on
-L6-
All construction shall be done so as to cause minimal
interference with the business operations conducted from those
Buildings already open for business. During the construction,
the construction site and surrounding areas shall be kept
reasonably clean and free of construction material, trash and
debris and appropriate precautions shall be taken to protect
against personal injury and property damage to Declarant, 'ocher
Owners and Occupants. with regard to excavation, and without
limiting any ocher provision of this Declaration, no excavation
shall be made on, and no sand, gravel, soil or other material
shall be removed from the site, except in connection with the
construction or alteration of Improvements approved in the Tanner
set forth in this Article, and upon completion of any such
operations, exposed openings shall be backfilled and disturced
ground shall be graded, leveled and paved or landscaped in
accordance with the previously approved plans and specifications
contemplated in this Article. After such completion of the
Improvements, there shall not be any other material change in the
aforesaid Improvements without prior approval in writing by the
Board in the -anner contemplated in this Article. Failure to
comply with this Section shall constitute a breach of this
Declaration and subject the defaulting party or parties to all
enforcement procedures set forth in this Declaration and any
other remedies provided by law or equity.
5.10 Inconsistency Between Design Guidelines and
Governmental ReguLrements. In the event of any inconsistency
between the requirements of the Design Guidelines and any
governmental requirements or standards pertaining to the des:=n
or construction of Improvements or the maintenance of any Lot.
including the Improvements thereon, the Design Guidelines snarl
control.
ARTICLE VI
DUTIES AND POWERS OF THE ASSOCIATION
Section 6.1 - General Duties and Powers. In addition -_
the duties and powers enumerated in the Articles and Bylaws,
elsewhere provided for herein, and without limiting the
generality thereof, the Association shall have the specific
duties and powers specified in this Article.
Section 6.2 - General Duties of the Association. The
Association through the Board shall have the duty and ooligat::n
to enforce the provisions of this Declaration. the articles.
Bylaws, and Association Rules, by appropriate means and carry
out the obligations of the Association hereunder.
Section 5.3 - f3ener3l Powecs of the Associate:n,
Association through the Board snall have the pnwer but not
obligacion to:
(a) employ 3 7ranager oc other persons Ind --
'41th independent contractors 7c -ranaging agents
'4ithout LLMItatLan Declarant, who have professional
experience Ln the managerent of commercial jevelopr.en-:s
similar to the Covered Property, to perform all )c 3n.v :-_
Of the duties Ind responsibilities of the Assocjat:.n; _
_17_
(b) acquire interests in real or personal pricer:-/
for offices or other facilities that may be necessary ;r
convenient for the administration of the affairs of the
Association or for the benefit of the Members;
(c) borrow money as may be needed in connection
with the discharge by the Association of its powers and
duties;
(d) establish in cooperation with the County a
special tax assessment district for the construction of
infrastructure facilities of the Covered Property or for --e
performance of all or a portion of the maintenance or other
functions now within the responsibility of the Association.
and the Owners shall be deemed to have consented to, and
shall not oppose the formation of any such assessment
district; and
(e) assist governmental agencies or
quasigovernmental agencies in establishing guidelines and
regulations for rideshacinq, carpooling and vanpooling within
the Covered Property, for the purpose of reducing daily
commuter trips. At the option of the Association, such
guidelines and regulations shall provide for the
establishment of a commuter bus line service or such other
reasonable transportation modes.
Section 6.4 --Association Rules. The Board shall also
have the power to adopt, amend and repeal such rules and
regulations as it deems reasonable (the "Associacion Rules")
which may include the establishment of a system of fines and
penalties enforceable as Special Assessments, ail as provided
the Bylaws. The Association Rules shall include the design
guidelines and development standards and landscape criteria un_cn
shall be on file at the Association's office. The Associat on
Rules shall govern such matters in furtherance of the purposes :
the Declaration; provided, however, that the Association Rules
may not discriminate among Owners, and shall not be inconsistent
'with this Declaration, the Articles or Bylaws. A copy of the
Association Rules as they may from time to time be adopted,
amended or repealed or a notice setting forth the adoption,
amendment or repeal of specific portions of the Association Rues
shall be delivered to each Owner in the same manner establisnea
in this Declaration for the delivery of notices. Upon cor..plec::n
of the notice requirements, said Association Rules shall have t
ne
same force and effect as if they were set forth in and were p at this Declaration and shall be binding on the Owners and tneL-
successors in interest whether or not actually received thereov.
The Association Rules, as adopted, amended or repealed, steal: c
available at the principal office of the Association to earn
Owner and Mortgagee upon request. in the event of any c2nfl:c7
between any such Association Rules and any other Provisions :
this Declaration, or the Articles or Bylaws, the proves::ns :
the Association Rules shall be deemed to be suierseded cy the
provisions of*this Declaration. the Articles )r the Bylaws _
extent of any such conflict. -
Section 5.5 - Detecatton of Powers. The Assoct3t_,7
shall have the rngnc, according to law, to delegara t3
-omjnittees, officers, employees or agents any of its ;ut_es
-i3-
Powers under this Declaration, the Articles and Bylaws; cco•jfe.t
however, no such delegation to a professional management company,
the Architectural Committee or otherwise shall relieve ttte
association of its obligation to perform such delegated duty.
Section 6.6 - Pled a of Assessment Riights. The
association shall have the power to pledge the right to exercise
its Assessment powers in connection with obtaining funds to repay
a debt of the Association; provided, however, that following t^e
date voting rights for all Members become effective in accordance
with Section 2.3 hereof, any such pledge shall require the pr:;c
affirmative vote or written assent of not less than seventy-ci•fe
percent (75%) of the Members. Said power shall include, but lot
be limited to, the ability to make an assignment of Assessments
which are then payable to or which will become payable to the
Association; which assignment may be then presently effective but
shall allow said Assessments to continue to be paid to and used
by the Association as set forth in this Declaration, unless and
until the Association shall default on the repayment of the debt
which is secured by said assignment. The Association may levy
Special Assessments against the Members to obtain such funds.
Upon the failure of any Member to pay said Special Assessment
when due, the Association may exercise all its rights, including,
without limitation, the right to foreclose its lien, pursuant to
Article IV hereof, entitled "Nonpayment of Assessments".
Section 6.7 - Emergency Powers. The Association or any
person authorized by the Association may enter any Lot in the
event of any emergency involving illness or potential danger t
life or property. Such entry shall be made with as little
inconvenience to the Owners as practicable, and any damage causes
thereby shall be repaired by the Association unless covered cy
insurance carried by the Owner.
ARTICLE VII
REPAIR AND MAINTENANCE
Section 7.1 - Repair and Maintenance by Association.
Except to the extent that an Owner may be obligated, or the
County or County has accepted the obligation to maintain and
repair as hereinafter provided, and without limiting the
generality of the statement of duties and powers contained in
this Declaration, the Articles. Bylaws or Association Rules, t -e
Association shall have the duty to accomplish the following upcn
the Covered Property in such manner and at such times as t..
^.e
Board shall prescribe:
(a) provide any and all necessary rnaintenar.ce
the Master Slope and Landscape Maintenance Area :n 3cc:rj%n -
with any applicable governmental cequiremencs, in a nett,
orderly acrd safe condition and in such a nannec as t:
the appearance of the Covered Property, to ,-aint3in
established slope ratios, prevent erosion or slL.!ln-,
proolems, and to facilitate the orderly dischacge = ;a
through drainage systems and patterns establ:sned dv
Oeclarant. No structure, planting or ether materia:
Placed oc ocher activttles undertaken on any area -
Covered Property which. :n the good caich detecm:n3t;,1,
the Board, might create erosion or sliding problems, or
interfere with established drainage systems or patterns. An•r
area drains and other drainage facilities and systems uith:n
the Master Slope and Landscape Maintenance Area shall be
maintained by the association, in a neat, orderly and safe
condition and in such a manner as to facilitate the )cderLy
discharge of water by means of same;
(b) provide any and all necessary maintenance or
replacement of all landscaping as required anywhere within
the Master Slope and Landscape Maintenance Area and in
accordance with any applicable governmental requirements,
following the initial installation of such landscaping in
accordance with this Declaration, including without
limitation the trimming, watering and fertilization of all
grass, ground cover, shrubs and trees, removal of dead or
waste material and replacement of any dead or diseased grass,
ground cover, shrubs or trees;
(c) provide any and all necessary maintenance for
the County Master Maintenance Area in accordance with the
terms of any agreement by and between County and the
Association, or between County and Declarant, the duties of
which Declarant may assign to the Association and which the
Association may assume in writing;
(d) provide any and all necessary maintenance, tJ
all personal property in which the Association holds an
interest, subject to the terms Of any instrument transferr:na
such interest to the Association;
(e) pay any real and personal property taxes and
other charge assessed to or payable by the Association,
including any and all taxes applicable to the Open Space;
(f) maintain all other areas, facilities,
equipment, services or aesthetic components of whatsoever
nature outside of the County Master Maintenance Area and/or
Master Slope and Landscape Maintenance Area as may from ti -e
to time be requested by the vote of two-thirds (2/3) of the
voting power of the Members;
(g) install additional landscaping and/or
additional Improvements, including, without limit, any and
all drainage facilities, traffic control systems etc. 3s -3v
be necessary or desirable in the discretion of the Board t
maintain or enhance the appearance of the Covered Property-�:
improve the safety of the Owners and Occupants, promote
erosion control, and maintain or improve the quality of tte
business environment within the Covered Property.
Except as otherwise provided herein, the costs of any such
maintenance and repair pursuant to this Section shall to p3_�
of the funds ,)F the Association.
Sect:en 7.2 - Repair and Mairtenance tf Qwne. _
Owner of each Lot snail oe cesponsioie Eoc the cep3Lr snC
I
aintenance of his Lot and the l.r.prcvements (including -ne
surface of any lot dividing wall constructed thereon) exceo-
the extent the ASsocl3tlon LS ]0114aCed by this 0eCl3r3Sl:R
maintain the same. Such maintenance shall include, without
limitatian:
(a) keeping all unimproved Portions of such Lit
mowed and weeded and cleat of all rubbish, trash and debrLs,
and keeping such Lot in a neatly landscaped and sightly
condition;
(b) maintaining the surface of any parking area
located on such Lot in a clean and safe condition, incLudinq
the paving and repairing or surfacing and resurfacing of sucn
areas when necessary with the type of material originally
installed therein, or such substitute therefor as shall in
all respects be equal thereto in quality, appearance and
durability; the removal of debris and waste materials and -ne
washing or sweeping of paved areas as required; and the
painting and repainting of striping, markers and directional
signs as required; and
(c) cleaning, maintaining and relamping of any
external lighting fixtures and related fixtures located on
such Lot.
Section 7.3 - Maintenance Duties With ARes cectLElection
to CertainSlote Discontinue
(a) At any time from and after the date of this
Declaration, the Board may elect on behalf of the AssociatiCn
to discontinue the performance of the Association's
maintenance duties with respect to that portion or those
portions of the Master Slope and Landscape Maintenance Area
located within such Owner's Lot (exclusive of slope areas
located in the Master Slope and Landscape Maintenance Area,
which shall at all times be maintained by the Association),
which, in the reasonable and good faith determination of -^e
Board, is (are) an integral part of the landscaped portLon
such Lot which the Owner thereof is better suited to
for purposes of establishing and maintaining consistent
control over the landscaping plan for such Lot.
(b) In the event that the Association shat! a -_
to discontinue any slope maintenance duties pursuant to
terms of this Section, the Owner of the Lot affected oy -^
Association's election, from and after the effective date�
the Association's election, shall fully maintain those
portions of such Owner's Lot formerly part of the Master
Slope and Landscape Maintenance Area in accordance wtth -
standards set forth in Section 7.1 hereof. Upon the
Association's election to discontinue any maintenance du_-tz
with respect to any portion of the Master Slope and 1-andsc2c-
Maintenance Area in accordance with the terms of this
Section, the Board shall immediately redesignate the :taster
SLope and Landscape Maintenance Area, and shall notLfy as
Owner in writing of such redesignation.
Section 7,4 - Right Of AssOciati0n^Maint3'n a mi
rnst3LL. In -ne event that an )wnec _3L15 to3cco^pi:sn any
maintenance, repair or installation required by tnLs Ar-_c.e.
Association or Lts delegates may, but shall not be :b1tg3_ed
cause such maintenance, repair and Lnstallation to ce
accomplished as hereinafter set firth:
(a) Upon finding by the Board of a deficiency :n.
such maintenance, repair or installation, the Board sn3l'
give notice of such deficiency to the Owner. The Owner sna::
have no more than five (5) days ("Period') following the
receipt thereby of written notice (as required by Section
15.10 below) of such election from the Board or such
committee to select a day or days upon which such
maintenance, repair or installation work shall be
accomplished;
(b) The date which said Owner selects to cure the
deficiency shall be no more than thirty (30) days from the
end of the Period;
(c) Unless the Owner and the Board otherwise
agree, such maintenance or installation to cure the
deficiency shall take place only during daylight hours on any
day, Monday through Friday, excluding holidays;
(d) If the Association pays for all or any portion
Of such maintenance or installation, such amount shall be a
Special Assessment against the affected Owner and his Lot.
Section 7.5 - Standards for Maintenance and Installation.
(a) The exterior of all Improvements, including
without limitation window glass, signs, walls, fences and
roofs shall be maintained and repaired in a first-class
manner and in accordance with any standards hereafter
included in the Design Guidelines.
(b) Slope and landscaped and improved areas wit:: -
any Lot, including, without limitation, any drainage
facilities located thereon, which are within a portion of a
Lot and which are not part of the Master Slope and Landscace
Maintenance Area or the County Master Maintenance Area sna:_
be maintained continuously by the Owner of such Lot. in a
first-class manner and in an orderly and safe condition as t -
enhance their appearance, maintain established slope rat: -,s,
prevent erosion or sliding problems, and facilitate the
orderly discharge of water through drainage systems and
facilities established by Declarant. No structure, plantin:
or other material shall be placed or permitted to remain, zr
other activities undertaken on any area within the Covered
Property which might create erosion or sliding problems, o:
interfere with established drainage systems or facilities.
(c) All Improvements shall at all times be
maintained in compliance with all applicable laws,
ordinances, orders, codes, rules, regulations and
requirements of all federal, state, county, municipal and
other governmental agencies and bodies having 7urisdic-::r.
Section. 7,0 - Right of Entry. The Aseoe:aeion sn3:;
have the right followLnq no,: less than twenty-four (..)
notice to enter upo,i any Lot in connection with any rain-enAn
repair or construction in the exercise De the powers and -_
of the Association, except for nor.:n3l -naintenance and cera;:
the Master Slope and Landscape Maintenance Area for wnL,:^
notice snall be required.
Section 7.7 - Maintenance of Public Utilities. "Iothin;
contained herein shall require or obligate the Association to
maintain, replace or restore the underground facilities of oub_ic
utilities which are located within easements in the Covered
Property owned by such public utilities. However, the
Association shall take such steps as are necessary or convenient
to ensure that such facilities are properly maintained, replaced
or restored by such public utilities.
ARTICLE vrri
INSURANCE
Section 8.1 - Duty to Obtain Insurance; Types. The
Board shall obtain and continue in effect adequate blanket public
liability insurance (including medical payments) in an amount not
less than Ten Million Dollars ($10,000,000), or in such other
reasonable minimun amount as the Board may determine, covering
all claims for personal injury and property damage arising out of
a single occurrence on the Master Slope and Landscape Maintenance
Area and the County Master Maintenance Area. The Board shall
also obtain and continue in effect blanket public liability
insurance covering members of the Architectural Committee for any
errors or omissions or any other liability in connection with t^e
discharge of such members' duties as set forth in this
Declaration. The Board shall also obtain and continue in effect
fire insurance with extended coverage in an amount as near as
Possible to the full replacement value of any Improvements owned
by the Association and located within the Covered Property,
without deduction for depreciation. Such insurance shall ce
maintained by the Association as named insured for the benefit
the Association, Declarant, the Owners, and the Mortgagees as
their interests may appear, subject, however, to loss payment
requirements as set forth herein. The Board shall purcnase such
other insurance, including, but not limited to, errors and
omissions, medical payments, malicious mischief, and vandalism
insurance, fidelity bonds and worker's compensation, officers'
and directors' liability and such other risks as shall
customarily be covered with respect to planned developments
similar in construction, location and use to the Covered Prooer_y.
Section 8.2 - Right and Duty of Owners to Insure. =acn
Owner shall obtain adequate casualty Insurance and fire :nsuranca
in an amount as near as possible to the replacement cost, witnc_-
deduction for depreciation or coinsurance, of all of the
Improvements owned by such Owner. Each Owner shall orovide ;i:a
and extended coverage insurance on his personal property and
fixtures within all Buildings and Improvements located on n:;
Lot. Each Owner shall carry public liability insurance to cove
his individual liaoilityafor damage to persons or property
occurring upon his Lot or elsewhere upon the Covered 2rooer_;.
any manner arising out of the use of such Owner's Lot. Such
insurance shall to in an amount not less than Five Millin
Dollars ($5,000,000), combined single limit, or in sucn .trier
minimum amount as the Board .may determine, covering 3L1 cia;-;
for personal injury and Property damage arising out 3
;ccurrence with the amount Of any deductible approved by
Board. Each Owner shall also carry ousLress Lnterrupt;on ^
-2 3 -
insurance in an amount adequate to insure payment and'perfcc-arca
of such Owner's obligations under this Declaration. ALL such
Policies as may be carried by the Owners shall contain watvec3 :-
subrogation of claims against Declarant, the Association, the
Board, the officers of the Association and all the Other Owners.
Each Owner shall review annually the limits of his insurance
coverage and increase such limits as appropriate.
Notwithstanding the requirement for annual review, the insurance
Policies carried by each Owner shall, to the maximum extent
possible, provide for automatic adjustments of coverage levels -
reflect changes in costs resulting from inflation. Each Owner
shall carry the Association as an additional named insured on all
Policies of public liability insurance carried by such Owner and
shall furnish the Association with a current certificate of sucn
insurance at all times. Such policies shall not adversely affect
or diminish any liability under any insurance obtained by the
Association, and duplicate copies of such other policies shall be
deposited with the Hoard. If any loss intended to be covered by
insurance carried by the Association shall occur and the proceeds
payable thereunder shall be reduced by reason of insurance
carried by any Owner, such Owner shall assign the proceeds of
such insurance carried by him to the Association, to the extent
of such reduction, for application by the Board to the same
purposes as the reduced proceeds are to be applied.
Section 8_3 - Notice of Expiration. All of the policies
of insurance maintained by the Owners shall contain a prow:sign
that said policy or policies shall not be cancelled or
terminated, nor expire by their terms, without thirty (30) days
prior written notice to the Board.
In the event an Owner fails
to obtain or maintain such insurance coverage, the ASSOc:dt:On
may obtain such insurance and levy a Special Assessment against
such Owner and his Lot for the amount of the premium tnereror.
Section 8.4 - Premiums. Insurance premiums for any
blanket insurance coverage obtained by the Association and any
other insurance deemed necessary by the Board shall be a Cor-.cn
Expense to be included in the Regular Assessments levied by the
Association.
Section 8.5 - Trustee for Policies. The Association,
acting through the Board, is hereby appointed and shall be deere_
trustee of the interests of all named insureds under policies :
insurance purchased and maintained by the Association. All
insurance proceeds under any such policies as provided foc in
Section 8.1 shall be paid to the Board as trustee. The Boar=
shall have full power to receive and to receipt for the pcocee-4s
and to deal therewith as provided herein. Insurance proceeds
shall be used by the Association for the repair or replacecent
the Improvements for which the insurance was carried. The 3oacc
is hereby granted the authority to negotiate loss settler -en -s
with the appropriate insurance cacrtec3, with oac_icipat:;n,
the extent they desire. Any two directors of 'he Board 73y ;:--
a loss claim form and release form to connection wttn -r.e
settlement of a loss claim, and such signatures snail 3e
on all the named insureds.
Section .3.5 - Actions is Trustee. Except 3s
specifically provided in this 3eclar3tLOn, the 80ird. 3C-.no-
benalf of the Association and all t ^.
he Owners, shall, ^ave -e
-24-
exclusive right to bind such parties in respect to all matters
affecting insurance carried by the Association, the settlefrent ;
a loss claim, and the surrender, cancellation, and modification
Of all such insurance. Duplicate originals or certificates if
all policies of Eire and casualty insurance carried by the
Association and of all renewals thereof, together with proof of
payment of premiums, shall be delivered by the Association to 311
Mortgagees who have requested the same in writing.
Section 8.7 - Annual Insurance Review. The Board sh.aL:
review the insurance carried by the Association and by the Owners
at least annually, for the purpose of determining the amount of
the insurance referred to in this Article. The Board shall.
obtain a current appraisal of the full replacement value of any
Improvements owned'by the Association, without deduction for
depreciation, by a qualified independent insurance appraiser,
prior to each such annual review. Notwithstanding the
requirement for annual review, the insurance policies carried by
the Association and/or by the Owners shall, to the maximum extent
Possible, provide for automatic adjustments of coverage levels to
reflect the changes in costs resulting from inflation.
Section 8.8 - Required waiver. All policies of physical
damage insurance shall provide, if reasonably possible, for
waiver of the following rights, to the extent that the respective
insurers would have the rights without such waivers: (a)
subrogation of claims against the tenants of the Owners; (b) any
defense based on coinsurance; (c) any right of set-off,
counterclaim, apportionment, proration or contribution by reason
of other insurance not carried by the Association; (d) any
invalidity or other adverse effect or defense on account of anv
breach of warranty or condition caused by the Association, any
Owner or any tenant of any Owner, or arising from any act,
neglect, or omission of any named insured or the respective
agents, contractors and employees of any insured; (e) any r:gnt
of the insurer to repair, rebuild or replace, and, in tate even-
any Improvements are not repaired, rebuilt or replaced Eollowir.�7
loss, any right to pay under the insurance, an amount less than_
the replacement value of the Improvements insured or the fair
market value thereof; (f) notice of the assignment of any Owner
of its interest in the insurance by virtue of a Conveyance of ;r.y
Lot; and (g) any right to require any assignment of any Mortgage
to the insurer. As to each policy Of insurance maintained by n -a
Association which will not be voided or impaired thereby, the
Association hereby waives and releases all claims against the
Board, the Ownecs, the Acchitectual Committee. Declarant, and -
nt
aqents and employees of each of the foregoing, with respect to
any loss covered by such insurance, whether or not caused by
negligence of or breach of any agreement by said persons, out
only to the extent that insurance proceeds are received in
compensation for such loss.
ARTICLE IY
DESTRUCTION OF IMPROVEMENTS
Section 9.1 - Duty of AssocL3tion. in -ne event
Partial OC total destruction of any Improvements ;nstal:ad'-
-Z`
Declarant or by the Association within the Master Slope and
Landscape Maintenance Area, Lt shall be the duty of the
Association to restore and repair the same as pcomptly as
practical pursuant to this Article. The proceeds of any cas.3_-:
insurance maintained pursuant to this Declaration shall to ;sed
Ear such purpose.
Section 9.1 - Automatic Reconstruction. A Reconstruc-
tion Assessment may be levied by the Association to provide
necessary funds for such reconstruction, over and above the
amount of any insurance proceeds available for such purpose, and
the Association shall cause the damaged or destroyed Improvemen-s
described in Section 9.1 hereof to be restored as closely as
practical to their condition prior to the destruction or damage.
Section 9.3 - Excess Insurance Proceeds. In the event
any excess insurance proceeds remain, after any reconstruction by
the Association pursuant to this Article, the Association shall
retain such sums and utilize same to offset future Common
Expenses.
Section 9.4 - Use of Reconstruction Assessments. All
amounts collected as Reconstruction Assessments shall only be
used for the purposes as set forth in this Article.
Section 9.5 - Destruction of Owner's rmorovements. :n
the event any Improvements, located on an Owner's Lot are
destroyed by any casualty, the Owner of such Lot shall either
promptly restore such Improvements at such Owner's sole cost,
their original condition in as East and efficient a means as r
Possible. or to the extent the Owner of such Lot elects not
retore such Improvements following such damage or destruction,
such Owner shall promptly raze such damaged or destroyed
Improvements and shall forthwith grade, pave, and/or landscape
the area on which such Improvements were located in a safe and
Sightly condition.
ARTICLE X
EMINENT DOMAIN
Section 10.1 - Definition of Taking. The term "taking"
as used in this Article shall mean condemnation by eminent io:-a:7
or by conveyance under threat of condemnation or an action in
inverse condemnation which the Declarant is authorized to br;n=
Pertaining to any portion of a Lot within the Covered Property
which the Association has the obligation to maintain.
« 1. «n Lu.c - 4eoresentation by Associati^n ;n
Condemnation Proceedings. In the event of a _nreatened -3,c;-_
all or any portion of the Covered Property which the
has the obligation to maLntaln, the Association on tehal:
the Members, shall be entitled to participate In any and 3:.
negotiations pertaining to such t3kLng.
Section 10.3 - Award =)r "3ktncs. vOtWlthst3nd:r:
Foregoing. any awards ceceLVed 3n 3ccount of the t3KLng-
Portion of the Covered Property which the AssocLatlOn n3s`
obligation to maintain shall be paid solely to the Owners whose
Lots or portions thereof are affected by such taking in such
amounts as may be determined in the proceedings relating to such
taking or as such Owners may agree.
Section 10.4 - Condemnation of Owner's Im rovement;. Cr.
the even* of a taking of any Improvements located on an Owner';
Lot, such Owner shall, either promptly restore such Improvement;
at such Owner's sole cost, to their original condition to the
extent possible in as East and efficient a means as possible, )c
to the extent the Owner of such Lot may not or elects not t:
restore such Improvements following such taking, such Owner shaii
promptly raze such Improvements and shall forthwith grade, pave
and/or landscape the area on which such Improvements were lccated
in a safe and sightly condition.
Section 10.5 - Reallocation FollowingCondemnation.
Following the condemnation of any Owner's Lot, or portion
thereof, the Board shall promptly reallocate the percentages of
Net Usable Area of all Lots and shall notify each Owner in
writing of the results of such reallocation. Any and all
assessments payable thereafter shall be prorated on the basis of
such reallocation and shall be paid on the basis thereof.
ARTICLE XI
USE RESTRICTIONS
Section 11.1 - Permitted Uses. All Lots in the Covered
Property shall be used for no purpose other than as permitted ty
the County's zoning ordinance, the Design Guidelines, and any
standards adopted by the Architectural Committee pertaining t0
the uses of Lots. No part of the Covered Property shall ever ::eused or caused to be used or allowed or authorized for any use
purpose prohibited by the Design Guidelines or in any way,
directly or indirectly, far any residential or other nonbusiness
purpose. All business operations shall be performed and carried
out entirely within a Building in such a manner that the encicse
operations and uses do not cause or produce a nuisance to other
Portions of the Covered Property, such as, but not limited to.
vibration, sound, electro -mechanical disturbance and radiation,
electromagnetic disturbance, radiation, air or water pollution,
dust or emission of odors, toxic or nontoxic matter.
Section 11.2 - Other Operations and Uses. Operations
and uses that are neither specifically prohibited nor
specificially authorized by the Design Guidelines may be
permitted in a specific case if written operational plans and
specifications for such operations or uses, containing such
inEormation as may be requested by the Architectural Cor..mi--ea
are submitted,to and approved in writing by th^ Architectur3:
Committee, which approval shalL 5e based upon analysis
anticipated effect -if such )per3tions :)r uses upon=tr.er"' -
upon other real property in the vicinity of the Covered
and upon the occupants thereof, tut sh3L! be in the s,�.e
discretion of the ArchitecturaL C3mmittee.
Section 11.3 - Nuisances. No noxious or offensive t:;de
or activity shall be carried on within any Lot or any part_
Covered Property, nor shall anything be done thereon which :-ay ^
be, or may become, an annoyance or nuisance to the neighborhood,'
or which shall in any way interfere with the quiet enjoyment of
each of the owners of his respective Lot, or which shall in any
way increase the rate of insurance for any other Lot or any
portion of the Master Slope and Landscape Maintenance Area. :h
this regard, all noises, sounds and vibrations shall to
appropriately muffled in such a manner so as not to be
objectivolume. Every
aointermittent
tbeat, frequency,
e
eryuse shallbeoperatedinsuchacmanner 1that stner
vibration, heat and glare inherently and recurrently generated
from such use is not perceptible beyond the Building in which t
ne
use is located. Electrical reflectors, spotlights, flood lights
and other methods of illumination may be used to illuminate
buildings, landscaping areas, signs and parking areas, provided
that such devices are equipped with proper lenses concentrating
the illumination upon such structures and areas preventing any
bright or direct illumination upon adjacent Lots or upon any
street, whether public or private, and provided further that any
such illumination shall first be approved by the Architectural
Committee. No livestock, poultry or animals of any kind shall to
raised, bred, kept, slaughtered, or rendered upon any portion of
the Covered Property. A 'nuisance' shall include, without
Limitation, any of the following conditions:
(a) emission of dust, sweepings, dirt. or cinders
into the atmosphere, or discharges of liquid, solid wastes,
or other harmful matter into any stream, river, or other Cody
of water if such emission or discharge may adversely affect
the use or intended use of any property or :nay adversely
affect the health, safety, or comfort of persons in the
vicinity, or discharge of waste or any substance or-ater:aL
of any kind into any sewer serving the Covered Property,
any part thereof, in violation of any law, ule, oc
regulation of any public body having jurisdiction thereof;
(b) escape or discharge of fumes, odors, gases.
vapors, acids, or other substances into the atmosphere
such escape or discharge may be detrimental to the health•
safety, or welfare of persons, may interfere with the comtor-
of persons within the vicinity, or may be harmful to ?rope; -r
or vegetation;
(c) the perception, at any point outside the
boundaries of any Building of any noise or vibration £r�� ;r•:
activity, machine, device, or combination thereof locaced
within such Building that unreasonably interferes with :
use or enjoyment of any other Lot.
Section 11.4 - Signs. No sign or billboard of any
shall be installed or maintained in violation 3f the requi:e7e
of the Design Guidelines except such signs as may be used t
Oeclarant or i-ts sales agents in connecti•3n with the deve__-ren7
of the Covered Property and sale of the Lots, such signs is
identifythe name, business or products of each Owner'; c_s:
and such signs Chat a ;temper may display on h:3 Lot adver-,;,r•.;
its sale or lease by him, prov:ied tnat Such S.gns are f ;
design, color, style, illumination and location spec:f_ca:_;
-23-
authorized by the Design Guidelines and have been approved in
writing by the Architectural Committee and otherwise comply �L-n
the standards promulgated by the Architectural Committee :-�r
signs.
Section 11.5 - Temporary Structures. Except as
authorized by Section 15.16, no structure of a temporary
character, trailer, tent, shack, barn or other out -building snail
be used on any portion of the Covered Property at any time,
either temporarily or permanently unless approved by the Board.
Section 11.6 - vehicles.
(a) Except as provided in this Section, no
recreational vehicle or equipment shall hereafter be
permitted to remain upon the Covered Property unless
authorized by the Board.
(b) No automobile, recreational vehicle or
equipment or commercial vehicle or any other motorized
vehicle may be dismantled, rebuilt, repaired, serviced or
repainted on the Covered Property unless authorized by the
Board. The foregoing restriction shall not be deemed to
prevent temporary parking for loading or unloading of
vehicles.
(c) As used in this Section, 'recreational vehLcle
or equipment" shall include without limitation, trailers,
boats, campers, trailer coaches, buses, house cars, camp_
cars, motor homes (if a size larger than seven (7) feet in
height and/or greater than one hundred thirty-eight (13a)
inches in wheel base length), or any other similar type of
equipment or vehicle.
(d) As used in this Section, "commercial vehicle"
shall be defined as a truck of greater than three-quarter
(3/4) ton capacounty and any vehicle with a sign displayed
any part thereof advertising any kind of business or on which
racks, materials and/or tools are visible. The type of -otzr
vehicle license plate shall not be material to the focagcLr..
definition.
(e) The Board may adopt other rules for the
regulation of the admission and parking of vehicles
including, without limitation, commercial vehicles and
employee and Owner parking within the Covered Property,
including the assessment of charges to Owners who violate
whose Lnvitees violate, such rules. Any charges so assessed
shall be Special Assessments. Such rules adopted by the
Board shall take into consideration the need for certain
businesses operated upon the Covered Property to have oarkLn:
available for customers.
Section 11.7 - Unsightly rtems. All .seeds, rubbish,
debris, or unsigntly material or objects of any kind shall oe
regularly removed from the Lots and shall not ne allowed -�
accumulate thereon. All refuse containers, trash cans,
woodpiles, storage areas, machinery and equipment shall --e
prohibited upon any Lots and upon the Covered Property excec:
accordance with rules adopted by _he Board.
_»-
Section 11.8 - Antennae and Other RooE Structure.
Unless otherwise approved by the Architectural Committee purs.;a.n.:
to Section 5.3 hereof, and except as permitted by the Design
Guidelines, no television, radio, or other electronic towers,
aerials antennae or device of any type for the reception of
transmission of radio or television broadcasts or other Teans :c
communication (unless the same be contained within a Building) or
underground conduit or appliances or installations on exterior
roofs of structures including, without limitation, roof -top
turbine ventilators, attic ventilators or solar panels shall
hereafter be erected, constructed, placed or permitted to cemaln
on the Covered Property unless and until the same shall have seen
approved in writing by the Architectural Committee.
- Section 11.4 - window Covers. No window shall be
covered with aluminum foil, newspapers, signage of any kind or
other material not designed for use as a window cover. No Owner
may modify any window covering originally installed or required
to be installed by Declarant and visible from the exterior of a
Building, without prior approval of the Architectural Committee.
Section 11.10 - Mineral Exploration - No oil development
operations, all refining, quarrying or mining operations of any
kind sha L1 be permitted upon or in any portion of the Covered
Property, nor shall oil wells, tanks, tunnels or mineral
excavations or shafts be permitted upon the surface of any
Portion of the Covered Property or within five hundred (500) ?ee^
below the surface of the Covered Property. No derrick or other
structure designed for use in boring for water, oil, natural las.
or other minerals shall be erected, maintained or permitted on
any portion of the Covered Property.
Section 11.11 - Drainage, There shall be no
interference with the established drainage pattern and system
over any portion of the Covered Property unless adequate
provision is made for proper drainage and is approved by the
Architectural Committee. For the purposes hereof an "establ:snec
drainage pattern and system" is defined as the drainage which
exists at the time the overall grading of the Covered Property -s
completed or that which is shown on any plans approved by the
Architectural Committee, and includes, but is not necessarily
limited to, underground drain pipes and patterns of drainage ;ver
the Covered Property from and to adjoining properties and
improvements. The Association shall have the right to use the
established drainage pattern and system for the purpose or
draining the Covered Property and improvements thereon; pcovt:e=
that such right of drainage shall not include the right to
discharge noxious or offensive matter.
ARTICLE XII
EASEMENTS
Section :- .l - ;,mendr•ent to E1,min3te t _ase^e^-s. -
Declaration cannooe amended to modify of eliminate -ne
easements cese rued to Declarant without prior written 3r=;•;;
Declarant and any attempt to do So Shall have no eefec-, An./
attempt to modify or eliminate t.n.is Section shall .,kew" ;e
require the prior written approval of Declarant.
- 30 -
Section L2.2 - Nature of Easements. Unless other-413eset Earth herein, any easement reserved to Declarant herein sna'
be nonexclusive.
Section 12.3 - Certain Rights and Easements Reserved
Declarant. The following tights and easements are nereoy
reserved to Declarant:
) Utilities.
Property fortheinstallationsandnCoveredts over the
maintenance ofelectcic,
telephone, cable television, water, gas, sanitary, sewer
lines and drainage facilities as are needed to service any
Portion of the Covered Property and/or to further develoc any
undeveloped portions of the Covered Property are hereby
reserved by Declarant, together with the right to grant and
transfer the same; provided, however, such easements shall
not unreasonably interfere with the use and enjoyment by the
Members of their Lots.
(b) Construction and Sales. There is hereby
reserved to Declarant together with the right to grant and
transfer the same to Declarants contractors, subcontractors,
sales agents and representatives and prospective purchasers
Of Lots, over the Covered Property as the same may from time
to time exist, easements for construction, maintenance,
temporary storage of materials and equipment during the
course of construction or maintenance, display, sales and
exhibit purposes in connection with the improvement and sale
or lease of Lots within the Covered Property.
(c) Ingress and Egress. Easements over the
Covered Property sufficient to guarantee access and entre
the Covered Property and any Improvements thereon for any
authorized Fire Inspector, Building Official, or any other
Official charged with carrying out the laws of the County,
State of California, or the United States of America.
(d) Slopes and Grading. There is hereby reserve-
to Declarant easements over all portions of the Covered
Property to revise, repair and/or improve the drainage
patterns and systems within the Master Slope and Landscape
Maintenance Area depicted on Exhibit "B" hereto.
e
ereby
reserved toOeclarAdditional
antthe right etosacquire esuch is hadditiona.
easements over the Covered Property as it shall deem
necessary and appropriate in its sole discretion.
Section 12.4 - Certain Easements for Owners.
(a) Rights and Duties Utilities. wherever
sanitary sewer house connections, water house connecti:
electricounty, gas, telephone and cable television lines .
drainage facilites are installed within the Covered Pc:r=_-
the Owners of any Lots served by said connections, ;.nes
facilites shall have the right and there is herecy ;ese ,
to Declarant, together with the right, to grant and
the same to Owners an easement to the full extent necesz;..
for the full use and enjoyment of such portion a; ;ucn
connections which service his Lit, and to enter upcn an:•
owned by any other Owner, or to have utility companies enter
upon the Lots, in or upon which said connections, lines or
facilities, or any portion thereof lie, to repair, replace
and generally maintain said connections as and when the sa-.e
may be necessary as set forth below, provided that sucn Owner
or utility company shall promptly repair any damage to a Loc
caused by such entry as promptly as possible after completion
of work thereon.
(b) Drainage. There is hereby reserved to
Declarant, together with the right to grant and transfer rite
same to Owners, easements for drainage over the Covered
Property from the drainage patterns and systems descrioed in
Section 7.1 hereof.
Section 12.5 - Certain Easements for Association. :here
is hereby reserved to Declarant easements over the Covered
Property, together with the right and obligation to grant and
transfer the same to the Association, for the purpose of
permitting the Association to discharge its obligations as
described in this Declaration.
Section 12.6 - Support, Settlement and Encroachment.
There is hereby reserved to Declarant, together with the right to
grant and transfer the same to each of the Owners, an easement
for the benefit of, and appurtenant to each Owners Lot and
burdening each contiguous Lot, for the purpose of:
(a) support and accommodation of the natural
settlement of structures;
(b) encroachment by reason of a roof, eave
overhang or similar projections created during the original
construction of the Covered Property, if any, or the
reconstruction or repair of a Building or Improvements on t^e
Covered Property in accordance with plans and specificac:-ons
approved by the Architectural Committee: and
(c) encroachments due to original engineering
surveying errors, errors in original construction, errors ;
reconstruction or repair in accordance with plans and
specifications approved by the Architectural Committee.
ARTICLE XIII
RIGHTS OF LENDERS
Section 13.1 - Filina Notice• Notices and ApDro/31s. ;
Mortgagee shall not be entitled to receive any notice whlcn t -;s
Declaration requires the Association to deliver to Mortgagees
unless and until such Mortgagee, or its mortgage servicing
contractor, has delivered to the Board a written notice
that such Mortqaqee is the holder of 3 Mortgage encu:roerin1 3
within the Covered Property. sucn notice need not state --
Lot or Lots are encumoered by such Mortgage, out shall s-3te
whether such Mortgagee is 3 First -Mortgagee. Notwithstanc;n•j
foregoinq, if any right of a Mortgagee under this Decl.ar3:;:;
conditioned on a specific written request to the .a5s0c13,:;_.,.
addition to having delivered the notice provided in this SectL;1.
a Mortgagee must also make such request, either in a separate
writing delivered to the Association or in the notice provided
above in this Section, in order to be entitled to such right.
Except as provided in this Section, a Mortgagee's rights pursuant
to this Declaration, including, without limitation, the priority
of the lien of Mortgages over the lien of Assessments levied by
the Association hereunder shall not be affected by the failure to
deliver a notice to the Board. Any notice or request delivered
to the Board by,a Mortgagee shall remain effective without any
further action by such Mortgagee for so long as the facts ser_
forth in such notice or request remain unchanged.
Section 13.2 - Prioritj of Mortgage Lien. No breach )f
the covenants, conditions or restrictions herein contained, nor
the enforcement of any lien provision herein, shall affect,
impair, defeat or render invalid the lien or charge of any
Mortgage made in good faith and for value encumbering any Lot,
but all of said covenants, conditions and restrictions shall be
binding upon and effective against any Owner whose title is
derived through foreclosure or trustee's sale, or otherwise, with
respect to a Lot except as otherwise provided in this Article.
Section 13.3 - Curing Defaults. A Mortgagee or the
immediate transteree of such Mortgagee, who acquires title by
judicial foreclosure, deed in lieu of foreclosure or trustee's
sale shall not be obligated to cure any breach of the provisions
of this Declaration which occurred prior to the date such
Mortgagee acquired the title to a Lot which is noncurable or of 3
type which is not practical or feasible to cure. The
determination of the Board made in good faith as to whether a
breach is noncurable or not feasible to cure shall be finaL and
binding on all Mortgagees.
Section 13.4 - Resale. It is intended that any loan -o
facilitate the resale of any Lot after judicial foreclosure, tees
in lieu of foreclosure or trustee's sale is a loan made in goof
faith and for value and entitled to all of the rights and
Protections afforded to other Mortgagees.
Section 13.5 - Relationshi with Assessment Liens.
(a) The lien provided for in Article IV hereof,
entitled "Nonpayment of Assessments" for the payment of
Assessments shall be subordinate to the lien of any Moctgace
which was recorded prior to the date any such Assessment
becar..es due.
(b) If any Lot subject to a :monetary lien create-
by any provision hereof shall be subject to the lien -d 3
Mortgage: (1) the foreclosure of any lien created by
anything set forth in this Declaration shall not joerate 7.
affect or impair the lien of such Mortgage; and (2)
foreclosure -if the lien of said Mortgage, .he acceptance _
deed in lieu of foreclosure of the Mortgage or sa.eorae:
power of sale included in such Mortgage (sucn event, z:e:r.-
hereinafter referred .o as "Events of Foreclosure") 3r.3:
operate to affect or impair the lien hereof, excep7
persons who obtain an interest through any of Ine
Foreclosure, and their Successors in interest, Sha:!
-33-
title free of the lien hereof or any personal cbligatLon f _
said charges as shall have accrued up to the time of any ;
the Events of Foreclosure, except for liens or claims f -or 3
share of such Assessments resulting from a reassessment
pursuant to Section 4.5 hereof, but subject to the lien
hereof for all said charges that shall accrue subsequent t:
the Events of Foreclosure.
(c) Nothing in this Section shall be construed _-
release any Owner from his obligations to pay for any
assessment levied pursuant to this Declaration.
Section 13.6 - Other Rights of Mort a ees. Any
Mortgagee or its mortgage servicing contractor, shall, upon
written request to the Association, be entitled to:
(a) inspect the books and records of the
Association during normal business hours;
(b) receive written notification from the
Association of any default in the performance of the
obligations imposed by this Declaration by the Owner whose
Lot is encumbered by such Mortgagee's Mortgage, which default
has not been cured within sixty (60) days of a request
therefor by the Association; provided, however, the
Association shall only be obligated to provide such not•ce
Mortgagees who have delivered a written request therefor t0
the Association specifying the Lot or Lots to wnicn such
request relates.
Section 13.7 - Mortaaaees Furnishing Informati n.
Mortgagees are hereby authorized to turnish -information to ne
Board concerning the status of any Mortgage.
Section 13.8 - Conflicts. In the event of any ccnf,lct
between any of the provisions of this Article and any of the
other provisions of this Declaration, the provisions of this
Article shall control.
ARTICLE XIV
PROTECTION OF THE PROJECT FROM LIENS
Section 14.1 - Association to Defend Certain Act.-�ns.
In the event that a lawsuit is brought against all or
substantially all of the Members which will or could result
any Lien or encumbrance being levied against the Covered Procer--:
or a substantial portion thereof, the Association may defend s._-
lawsuit and the costs of such defense shall be a Special
Assessment against all of the Members joined as defendants
such lawsuit; provided, however, in the event that an
carrier is is obligated to provide such defense L•::der 3 polLcv -
insurance carried by the Association, The Association shat_ _
relieved of the Obligation to provide such defense.
contained herein shall in any "Jay limit the r,.ght; tf 3r.,
or Members to retain counsel 1E their choice to represen- - such lawsuit at their own expense. In the event that ; +,e-
chooses, he shall not be relieved )f 1Laoil.ty fir the
Assessment provided for Ln this Section.
-3-;-
Section 14.2 - P3vment of Lien. rn the event that a
lien or encumbrance attaches to all or substantially all of t^e'
Covered Property by reason of judgment or otherwise, the
Association may promptly take the appropriate steps to remove
such lien, including but not limited to the payment of money and
the posting of a bond. The Association shall have the power to
borrow money and to take such other steps as are necessary to
Eree the Covered Property of such liens.
Section 14.3 - Owners to be Specially Assessed.
Simultaneously with any action taken pursuant to Section 14.2
entitled "Payment of Lien', the Association shall levy a Soeci.al
Assessment against all of the Members whose Lots were subjec= to
the lien or encumbrance which caused the Association to act
pursuant to said Section equal to each such Member's pro'rata
share of such lien or encumbrance. In the event that such
Special Assessment is not paid within thirty (30) days of its due
date, the Board may effect the remedies of the California Civil
Code and Article IV hereof entitled "Nonpayment of Assessments".
Section 14.4 - Reimbursement b Certain Owners. In the
event that it shall be proven in a court of law of competent
jurisdiction over the claim or claims causing the Association to
take acton under this Article that a judgment resulting in a lien
on all or a portion of the Covered Property was primarily due to
the acts or omission of a particular Member or his agents,
employees or invitees, such Member or Members shall reimburse t -e
Association for all expenses incurred by it pursuant to the
provisions of this Article. Upon such reimbursement, the
Association shall distribute the funds received to the Members
against whom Special Assessments were levied pursuant to the
Provisions of this Article.
ARTICLE XV
GENERAL PROVISIONS
Section 15.1 - Enforcement. The Association, or any
Owner, shall have the right to enforce by proceedings at law
in equity, all restrictions, conditions, covenants and
reservations now or hereafter imposed by the provisions of this
Declaration or any amendment thereto, including the right to
prevent the violation of any such restrictions, conditions,
covenants, or reservations and the right to recover damages or
other dues for such violation. The Association or any Owner
shall also have the right to enforce by proceedings at law or :
equity the provisions of the Articles or Bylaws and any
amendments thereto. with respect to architectural control,
Assessment liens or any other liens or charges and AssocLat;=n
Rules, the Association shall have the exclusive right to -te
enforcement thereof.
Section 15.2 - No Waiver. Failure by the Assoc:at:;!•
by any Member to dr.torce any covenant, condition, or
nereLn contained, or the Articles, Bylaws or Assoc;3c;on Ru.,,
any certain instance or on any particular occasion ;nail
Seemed a waiver of such riqht on any such Future 5ceacn
same or any other covenant, condition or restriction.
-35-
Section 15.3 - Cumulative Remedies. All rights. ;ct,-n;
and remedies of Declarant, the Association, the Owners cc
Mortgagees under this Declaration are cumulative, and not 7:ne :
them shall be exclusive of any other, and Declarant. the
Association, the Owners and the Mortgagees shall have the ci7h7to pursue any one or all of such rights, options and remedies
any other remedy or relief which may be provided by law, wne
or not stated in this Declaration. t
Section 15.4 - Severabilit Invalidation of any ;ne
a portion of these covenants, conditions or restrictions by
judgment or court order shall in no way affect any other
Provisions which shall remain in full force and effect.
Section 15.5 - Covenants to Run with the Land;
The covenants, conditions and Term.
Feof this Declaration
shall run with and bind the Covered Property and shall inure to
the benefit of and be enforceable by the Association or any
Owner. their respective legal representatives. heirs, successors
and assigns, foc a term of sixty (60) years from the date this
Declaration is recorded, after which time said covenants,
conditions and restrictions shall be automatically extended for
successive periods of ten (10) years, unless an instrument,
signed by a majority of the then Owners, has been recorded at
least one (1) year prior to the end of any such period, agreeing
to terminate said covenants, conditions and restrictions in wnale
or in part.
ion
Declarationcshalllbe Iiberallyuconstruedhtoproveffectuateisions'itshis
purpose of creating a plan for the development of an industciai
and business office community or tract and for the .maintenance
the Covered Property. The Article and Section headings nave teen
inserted for convenience only, and shall not be considered cr
referred to in resolving questions of interpretation or
construction.
Section 15.7 - Singular Includes Plural. Whenever the
context or this Declaration requires same, the singular snail
include the plural and the masculine shall include the feminine
and the neuter.
Section 15.8 - Nuisance. The result of every act or
omission, whereby any provision, condition, restriction,
covenant, easement, or reservation contained in this Declarat,-n
is violated in whole or in part, is hereby declared to be and
constitutes a nuisance, and every remedy allowed by law or equ:t•:
against a nuisance, either public or private, shall be applicaZ.-
against every such result, and may be exercised by the
Association or any Member. Such remedy shall be deemed
cumulative and not exclusive.
Section 15.,
9 - .4ttornev s Fees. In tae event 3c-;n
instituted to enforce any of the provisions in this Deciac3t;.
the patty prevailing in such action shall be eat'-led
from the other party thereto as part of the iudgr..ent, reas;n;c_
attorneys, fees and costs of such suit.
Section 15.10 - Notices. Any notice to de
Owner or a Mortgaqee cc mortgage servLcing concract_c ender
-3i-
Provisions of this Declaration shall be in writing and may toe
delivered as follows:
(a) Notice to an Owner or Mortgagee shall be
delivered personally or sent by registered or certified ^ai:,
return receipt requested, to the most recent address
furnished by such parties in writing to the Association for
the purpose of giving notice, or if no such address snail
have been furnished, then to the street address of such
Owner's Lot or to any office of the Mortgagee in the CountI
in which the Covered Property is located, or if no such
office is located in said County, to any office at such
Mortgagee. Any notice so deposited in the mail within the
County in which the Covered Property is located, shall to
deemed delivered forty-eight (48) hours after such deposit.
In the case of co -Owners, any such notice may be delivered or
sent to any one of the co -Owners on behalf of all co -Owners
and shall be deemed delivery on all such co -Owners.
(b) The affidavit of an officer or authorized
agent of the Association declaring under penalty of perjury
that a notice has been mailed to any Owner or Owners, to any
Mortgagee or Mortgagees, or to all Members or all Mortgagees.
to the address or addresses shown on the records of the
Association, shall be deemed conclusive proof of such
mailings whether or not such notices are actually received.
Section 15.11 - Obligations of Declarant. So long as
Declarant
is utilizinq the easement described in Section 12.3 (b)
entitled "Construction and Sales", Oeclarant shall not be sualec:
to the provisions of Article v entitled "Architectural Controi"
or the provisions of Article XI entitled "Use Restrictions,*.
Section 15.12 --Effect of Declaration. This Declacat:;n
is made for the purposes set forth in the Recitals to this
Declaration and Declarant makes no warranties or representations,
express or implied, as to the binding effect or enforceaoility :
all or any portion of this Declaration, or as to the compliance
of any of these provisions with public laws, ordinances and
regulations applicable thereto.
Section 15.13 - Personal Covenant. To the extent the
acceptance of a conveyance of a Lot creates a personal covenant
between the Owner of such Lot and Declarant or other Owners, such
personal covenant shall terminate and be of no further force
effect from and after the date when a person or entity ceases
be an Owner except to the extent this Declaration may provide
otherwise with respect to the payment of money to the Associat::n.
Section 15.14 - No..liability of Officials. To :he
fullest extent permitted by law., neither the Board, the
Architectural Committee, any other committees of the A53oci3 —.-
nor any member of such Board or committee shall be liable
-Member or the Association for any damage, loss oc pcejud:ce
suffered or claimed in account of any decision, 3por:val :r
disapproval of plans or specifications (whether or not
defective), course of action. act, omission, error, negl:.ac_-
the like made Ln good [aith or which such Board,
persons reasonably believed to be within the scone oc
duties.
-37-
Section 15.15 - Leases. Any agreement for the Le351.
or cental or a Lot or any Building thereof (hereinafter in tits
Section referred to as a "lease") shall provide that the tar-; -_
such lease shall be subject in all respects to the provts ions
this Declaration, the Articles, the Bylaws, and the Association
Rules. Said lease shall further provide that any failure at she
lessee thereunder to comply with the terms of the foregoing
documents shall be a default under the lease. All leases shall
be in writing. any Owner who shall lease his Lot or Building
thereon shall be responsible for assuring compliance by such
Owner's lessee with this Declaration, the Articles, the Bylaws
and the Association Rules.
Section 15.16 - Construction a Declarant. Nothing in
this Declaration shall limit the right of Declarant to alter the
Lots, or to construct such additional Improvements as Declarant
deems advisable prior to completion of Improvements upon and sale
of the entire Covered Property. Such right shall include but
shall not be limited to erecting, constructing and maintaining on
the Covered Property such structures and displays as may be
reasonably necessary for the conduct of the business of
completing the work and disposing of the same by sale, lease or
otherwise. This Declaration shall not limit the right of
Declarant at any time prior to acquisition of title by a
purchaser from Declarant to establish on the Covered Property
additional licenses, reservations and rights-of-way to itself,
utility companies, or to others as may from time to time be
reasonably necessary to the proper development and disposal of
the Covered Property. Declarant reserves the right to alter its
construction plans and designs as it deems appropriate. the
rights of Oeclarant hereunder may be assigned to any successor
successors to all or part of said entity's respective interest in
the Covered Property, by an express assignment incorporated in 3
recorded deed or lease, as the case may be, transferring such
interest to such successor. Declarant shall exercise its right_;
contained in this provision in such a way asnot to unreasonaciv
interfere with the Members' rights to use and enjoy the Covered
Property.
Section 15.17 - Amendments. Subject to the other
provisions of this Declaration, including without limitation, -
rights of Mortgagees pursuant to Articles VIII and XIII hereof
entitled "Insurance" and "Rights of Lenders", or otherwise, :hts�
Declaration may be amended as follows:
been transferred ntolc
theMembersh time ainvaccordanceoting twithaSection
2.3 hereof, amendments or modifications shall be effectt•:e
when executed by Declarant and when recorded in the Offict3:
Records of the County in which the Covered Property is
located. Thereafter this Declaration may be amended )nly
the affirmative vote or written consent of Members
representing not Less than two-thirds (2/3) of the r:n;
power, and by the vote or written consent of not less
two-thirds (2/3) of all Moctqaqees.
(b) An amendment or -odtftcation twat
vote and written assent of the McToers 35 neretn300:•e
Provided shall be effective when executed by t.^.e
and Secretary of the Association who shall Cec":_y
-38-
amendment or modification has been approved as hereinabove
Provided, and when recorded in the Official Records of the
County in which the Covered Property is located.
IN WITNESS WHEREOF, Declarant has executed this
instrument the day and year first herein above written.
'Declarant' DIAMOND BAR BUSINESS ASSOCIATES, a
California general partnership
By: New England Mutual Life Insurance
Company, Partner
BY: Copley Real Estate Advisors,
Inc., a Massachusetts
corporation, asset manager and
advisor duly authorized
By*��
P
By: Diamond Bar Partners, a California
general partnership, a Partner
By: Zelman Development Co., a
California limited partnership,
Partner
By: Zelman Management Co., a
California corporation,
General Partner 1-
By: �(
Its:
-i9-
SSE OF M ca-a.a )
ss.
COUNTY OF ...���
On this day ofl ✓Li, , in the year 1987, before
me, a Notary Public n d for said State, personally
appeared 1� • 4 .� personally known to me (or
proved to me on the basis of satisfactory evid ce) to be t e .
person who executed the within instrument as , on
behalf of COPLEY REAL ESTATE ADVISORS. INC., the corpor tion
therein named, and acknowledged to me that said corporation
executed the within instrument pursuant to its bylaws or a
resolution of its board of directors, said corporation being
known to me to be one of the partners of NEW ENGLAND MUTUAL LIFE
INSURANCE COMPANY, the partnership that executed the within
instrument, said partnership being known to me to be one of the
partners of DIAMOND BAR BUSINESS ASSOCIATES, the general
partnership that executed the within instrument, and acknowledged
to me that such corporation executed the same as such partner and
that such partnerships also executed the same.
WITNESS my hand and official seal.
STATE OF CALIFORNIA
COUNTY OF
SS.
Notary Public
On thisday of A64 in in the year/q1L, before
me, a Notary Public in and for said State, personally
appeared Zlem. . fix/n.F personally known to me (or proved to -e
on the basis of satisfactory evidence) to be the persons who
executed the within instrument as An - y4f —, on behalf oc
ZELMAN MANAGEMENT CO., the corporation therein named, and
acknowledged to me that said corporation executed the within
instrument pursuant to its bylaws or a resolution of its board :
directors, said corporation being known to me to be one of the
partners of ZELMAN DEVELOPMENT CO., the Limited partnership that
executed the within instrument, said partnership being known t
me to be one of the partners of DIAMOND BAR PARTNERS, the genera;
partnership that executed the within instrument, said partnersh:z
being known to me to be one of the partners of DIAMOND BAR
BUSINESS ASSOCIATES, the general partnership that executed the
within instrument, and acknowledged to me teat such corporation
executed the same as such partner and that such partnerships a:;;
executed the same.
WITNESS my hand and official seal.
:teary Public
>, _U17CN
GdUFORNA
:+
UO7JSAY FG...;C •
n
Las 15
•AY comm.: ter
-40-
LENDER'S CONSENT
The undersiqned, WELLS FARGO BANK, NATIONAL ASSOCIATION
beneficiary under that certain Deed of Trust recorded as Instrument
86-1607188 on November 20 , 19 86, in Book --- Pa
Records of Los Angel—e3 County, California9 hereby consentsOfficial
eto the
within Oeclacation of Covenants, Conditions and restrictions far
Gaeevay Corporate Center , and hereby subordinates the lien
.41
said Deed of Trust to the Provisions contained herein.
STATE OF CALIFORNIA, S.S.
Coutm OF Los
'� On teas t11a � � � say a ��MC w _ I9 ? �•
a bet" nN. We WldmrargnaQ a NoWy Puolc in aM for saW'Cooa'raro Stave.
pwsmmvv r+
a aaW b ma on ON "M ol satwaefoty.rW.no.
3 Itr► TV"*+ K M w! l V. -K% Dtowa 00 "M on On Mw of saesfaewry rna«o
V toDoMe4nr—YJ — t!--tN6raswNslaomaonoonmatasaanatlsrwwn
oslnMlwa. on bonalf of the Corporason rnwwn nana0. aM acwV&"o ao b ma
Z _ that sutln Cdrpoyobrl ammCLlad Wo wave wsatmnwo pursuwm c .fa oy-arcs or a
ur � r1sbaAlorl of 1b
¢_ If'k'farY samara w wl
CL -a.
'A ^ in 1" ►Mm name lnotwy sl arms be %pmd or twyoq prrNws'l
< U
(Sec. 9205 - Govwmnwm Coda 19591
WELLS FARGO BANK, NATIONAL ASSOCIATION,o
a natsnal ba nk>ng association
s: 4Asi3krant'Vice
1-(-,
ff(�((President
By a. no�C ri .1t'd,.l J(zy
Its: Assistant Vice President
FOR NOTARY SEAL OR STAMP
o.�
O
SAFECO
EXHIBIT "A•
PROPERTY DESCRIPTION
rh& land referred to in this policy is attuated in the County of Los
Anygles, State of CAliPOVnia. end is described as pollows
Lot4 1 to 24, inclusive, aAp� rna� Map No. 39679 ut
the Count�y4-51 Los Angeles as per Map recorded in Book 1083
Pages inclusive, of rnac,t Maps in the Office I
Of the County Recorder of said County.
Parcel 2 of Parcel Map '
No ashown upon apFiled
S%pot 193 Pae es S7 and 7B upParcelMaps- inthe*fflcea# thecounty
+•ecordar o• Bald county,
EXCEPT therefrom all oil, ease ane ether hydrocarbons and mins,als now
or •t any time Aereaftar situated therein and thereunder, together
with the exclusive right to drtlI par, produce, attract. take and mine
I.herefram, such oil, gas and other hydrocarbons and minerals. and to
stare the saw* upon the surface of said
said land. land, or below the surface of
tegeth*r with' the right to store upon the surface of sot*
land. all. gas and other hydrocarbons and minerals which
produced from other lands. with the right of may ,c
entry enereon far s4 is
purposes, and with the right to construct, use, maintain, greet,
reesir, replace and remove thereon and therefrom all pipe lines.
telephone and telegraph llnrs. tanks. Machinery, buildings and other
structures. which way be necessary and requisite to Carry �n
operations on said land. with the further right to erect. m*intain.
u0e1•ate and remove a plant with all necessary appurtenances For the
vitractton of gasoline from gas, including all rights necess.ry a
iunvrn+got thereto, as rvserved in deed from Transamerica Development
�ump.,ny, a corporation, recordea March 29. 1968. in Back 0:1957 Pape
fes• Official R*coresi and re-recorded June 19. 1969s in Qook C340;•
Rag* 591. Official Recordsd
llv quitclaim deed recorded Octaser 9. 1991 as Instrument No
a1-1004553. Transamerica Development Company. a corporation, forn.er;{
Uidmual Cowpony• a corporation. released and surrendered to The
Ui4mund Bar Development Corporation, a California corporaeian. tnr
au+face rights to said land for 4 distance of not more than 500 feet
+'� ,1roth. and noshing therein cuntair+ed shall in any way be construe,
to prevent• hinder or delay the free and unlimited right to nine,
u'•III. bare, ope*•ete and rgmovv from beneath the surface of %.$to lana
•1 lands. at any level Or levels 500 feet or more below the surFar:e or
said lane. for the purpose up devVIOpmeht ur removal of all oil. gas.
mtne••als and Other hydrucarbuns situated therein or thereunggr �-
rOduciDle therefrom. toyrther with all water neae•ssary in �unnp.
-with %te drilling ar Mining operation• thrrgunder
ALSO EXCEPT from that portion of said land included witm,.r, r
tjoundaeles of the land described in the deed From University
ugdlands. It al , recorded December :8. 1970. in Qoor ]517v ve9r
'1Fficial Records. an aggregate of Cine -Fourth of all all ,a, ♦r:
Iasin9hoed 949 and other hydrocwrer,n .ubstarerOu and mi nor r, It t� ;r..
oder :ne surface of -441,1 p,gmisrs. it O0tn9 the intention Lnat ea
;'antor tnorgoy reserves
:')e-4uvrtn t" +evrralty. • fractional tar; ;a..
COr•rgapariding rtat.tly url:h L��.r r"SpeCLive imt1re9L4
irantor•i set 0Qrth fV11u.,in th
q eir names in the ,ego, as resereea•,
the dead from University of Redlands. a corporation, et al.. cu
t)artnolamae Corporation, a corporation, recorded Dltember 28. 1930. in
Ooow 33179 Page 74. Official Records.
"1.50 EXCEPT therefrom all oil• gas and other hydrocarbons and minerals
na'e Or at any time hereafter situated in said land or thereunder oT-
111r, isle therelrom. together with the free and unlimited right to
mine, store, drill and here bene&%" the surface of said land 4t any
level la levels five hundred (300) feet Or'mera below the surface of
srid land, for the purpose of developing or removal of sucn
substances. provided
other that the surface opening of such Well and 411
surface facilities shall be IOC/Led on land other than ehat
described herein and shall not penetrate any part or portion of the
above described real property within five hundred (300) feet of the
surface tAereef, and all of the right• so to remove such substances
ire nareaV apetific4119 reserved.
produce and including the right to drill For.
oper4tians• use water from said real property in connection with sucn
as estaptad and reserved by Transamerica Development
Coeepany, a terporation. formerly Capital Company, a eorpor4tinn. in
deed recorded June 30. 1963. in Boos 0-2939 Page 114. instrument no
1027. Official Records.
-2-
EXHIBIT 'H'
MASTER SLOPE AND LANDSCAPE MAINTENANCE AREA
MASTER SLOPE AND LANDSCAPE
MAINTENANCE AREA
o' 400• soo• 1600•
1*01*4 oil
NATURAL UNDEVELOPED OPEN
SPACE BY ASSOCIATION r
LANDSCAPE BY
ASSOCIATION`'
LANDSCAPE BY _
INDIVIDUAL OWNER
:1i1 •�
.
-LOT 24 OPEN S
EXHIBIT 'C•
NET USABLE AREA CALCULATIONS
NET USABLE AREA
400' Soo• 1600•
NOT IN USABLE AREA
NET USABLE
ALL LOT Sr:
AND PERCEN7
BELOW ARE E
ON NET USAF
AREAS.
Sr.
MY
ts
3L
;a .2s
2 3
ALL GATEWAY
1,9 rrr CORPORATE
CENTER
DESIGN GUIDELINES
A JOINT VENTURE OF
ZELMAN DEVELOPMENT CO.
COPLEY REAL ESTATE ADVISORS
OCTOBER, 1986
Amended July 1988
ALL GATEWAY
1,9 rrrw CORPORATE
CENTER
D E SIGN G UID ELINES
DOCUMENT PREPARED BY
HILL PINCKERT ARCHITECTS, INC.
16815 VON KARMAN AVENUE SUITE 210
_ IRVINE, CALIFORNIA 92714
(714)863-1770
POD, INC.
106 WEST FOURTH STREET
SANTA ANA, CALIFORNIA 92701
(714)953-9443
J L
rrp
G ATEW�AY
D I A M O N D B A R
1.0 INTRODUCTION
1.1 HOW TO USE THESE GUIDELINES
1.2 MASTER PLAN
1.3 DESIGN CONCEPT
1�
2.0 SITE PLANNING GUIDELINES 7
2.1 ALLOWED USES
2.2 PARCEL GUIDELINES
2.3 SIDEWALKS
2.4 ACCESS AND DRIVEWAYS
2.5 WALLS
2.6 SERVICE AREAS
2.7 PARKING REQUIREMENTS
2.8 GRADING AND PAVING
2.9 UTILITIES AND COMMUNICATION DEVICES
2.10 INDIVIDUAL PARCEL PLANNING GUIDELINES
3.0 BUILDING DEVELOPMENT GUIDELINES 59
3.1 ARCHITECTURAL TREATMENT
3.2 BUILDING MATERIALS
3.3 ROOFS
3.4 ROOF MOUNTED EQUIPMENT
3.5 PERFORMANCE STANDARDS AND CONSIDERATIONS
3.6 ARCHITECTURE PERMITTED
CORPORATE
CENTER
4.0 LANDSCAPE MASTER PLAN
4.1
PROJECT ENTRY
4.2
PLANTING FOR LOOP DRIVES
4.3
PARCEL PLANTING
4.4
PARKING LOT ARRANGEMENT
4.5
SERVICE AREA SCREENING
5.0 SIGN GUIDELINES
5.1
DESIGN OBJECTIVES
5.2
DESIGN REQUIREMENTS
6.0 LIGHTING GUIDELINES
6.1
DESIGN OBJECTIVES
6.2
PARKING LIGHTING
6.3
SERVICE AREA LIGHTING
6.4
ARCHITECTURAL LIGHTING
6.5
PEDESTRIAN LIGHTING
A.0 APPENDIX
A.1.1
GENERAL
A.1.2
SITE PLAN
A.1.3
PRELIMINARY PLANS
A.1.4
WORKING DRAWINGS
A.2.1
USES
67
el
[• K
VICINITY MAP
GATEWAY CORPORATE CENTER DIAMOND BAR J L1
EXHIBIT I `1 (
LLL
- , r 1.0 INTRODUCTION
— The purpose of these guidelines is to establish and
maintain a level of quality of development within
Gateway Corporate Center Diamond Bar. These
guidelines document design decisions and development
requirements that affect general and specific areas of
the project. Development requirements are further
governed by the Agreement of Protective Covenants,
— Conditions & Restrictions recorded December 17, 1987,
Instrument Nos.: 81-1240181 and 81-1240182 and any
amendments thereto, Gateway Corporate Center Master
Covenants, Conditions & Restrictions recorded April
13, 1987, Instrument No.: 87-567650 and any amendments
thereto, and all local, county and state governing
agencies.
These guidelines serve as a control on the individual
parcel development to provide consistency and a
cohesive distinguishable character. They supplement
previous planning documents done on this site and are
the evaluation tool of county and local agencies.
L 1.1 HOW TO USE THESE GUIDELINES
First, become oriented to Gateway Corporate Center
Diamond Bar by locating the individual site within the
Center and familiarize yourself with its relationship
- to the major entries, the freeway, and the hillside.
Next, become familiar with the group of information
which describes the site planning of the individual
site. It is supported by guidelines for building
development and landscape development.
Also included are sections of information on
signs, lighting and site furnishings. These
sections provide all the design criteria and
requirements for building and landscaping within
Gateway Corporate Center Diamond Bar. For specific
submittal guidelines and requirements, refer to the
appendix section.
GATEWAY CORPORATE CENTER DIAMOND BAR 1
SITE LOCATION MAP
GATEWAY CORPORATE CENTER DIAMOND BAR J L
EXHIBIT 11 `i r
Any exceptions, special requests, reviews and/or
approvals as required by these guidelines will be
performed by the Architectural Committee, as set forth
in the Gateway Corporate Center's Master Declaration
of Covenants, Conditions and Restrictions, hereinafter
referred to as the Architectural Committee, Review
Board and/or the Planning Review Board.
i
SIZE IN
LOT#
STREET ADDRESS
S.F.
ACRES
— Lot
1
21865/21955
E. Copley Dr.
655,422.00
15.0694
Lot
2
21600 E.
Gateway Center Dr.
469,706.36
10.7830
Lot
3
21725 E.
Gateway Center Dr.
86,212.42
1.9792
— Lot
4
21671 E.
Gateway Center Dr.
88,559.88
2.0331
Lot
5
1315 S.
Valley Vista Dr.
41,626.95
0.9556
Lot
6
1320 S.
Valley Vista Dr.
87,927.10
2.0185
Lot
7
1340 S.
Valley Vista Dr.
100,131.79
2.2987
_ Lot
8/9
1370/1426
S. Valley Vista
190,468.60
4.3726
Lot
10
1470 S.
Valley Vista Dr.
118,401.52
2.7181
Lot
11
1514 S.
Valley Vista Dr.
89,765.59
2.0607
— Lot
12
1550 S.
Valley Vista Dr.
94,139.54
2.1611
Lot
13
1575 S.
Valley Vista Dr.
102,951.85
2.3634
Lot
14
1540 S.
Bridge Gate Dr.
155,530.72
3.5705
Lot
15
1520 S.
Bridge Gate Dr.
111,686.66
2.5640
_
Lot
16
1440 S.
Bridge Gate Dr.
158,023.00
3.6277
Lot
17
1368 S.
Bridge Gate Dr.
131,645.73
3.0222
Lot
18
1336 S.
Bridge Gate Dr.
162,976.25
3.7414
— Lot
19
21660 E.
Copley Dr.
117,112.17
2.6885
Lot
20
21690 E.
Copley Dr.
81,568.51
1.8726
Lot
21
21710 E.
Copley Dr.
84,289.87
1.9350
Lot
22
21810 E.
Copley Dr.
139,781.42
3.2089
—
Lot
23
21950 E.
Copley Dr.
163,738.16
3.7589
TOTAL:
3,431,666.09
78.8031
GATEWAY CORPORATE CENTER DIAMOND BAR 3
MASTER PLAN
of
GATEWAY CORPORATE CENTER DIAMOND BAR J L
EXHIBIT 111 i r
L 1.2 MASTER PLAN
1.2.1 Gateway Corporate Center Diamond Bar is a
mixed use office, research and development (R & D),
and commercial center in Diamond Bar, California. It
is located at the intersection of the Orange (57) and
Pomona (60) Freeways, arteries which tie it to Los
Angeles, orange, San Bernardino, and Riverside
Counties. It is comprised of approximately 225 acres
of land. Approximately (80) eighty acres are de-
velopable sites and (175) one hundred seventy-five
acres are maintained as hillside/open space. The
location of recommended type and size of developments
is as shown on the Gateway Corporate Center Diamond
Bar Master Plan.
L 1.3 DESIGN CONCEPT
Access to Gateway Corporate Center is provided by 2
entries from Golden Springs Drive. A major
statement is made at each entry featuring a series of
walls parallel to the entry within a developed open
space. The entries are the 2 ends of the internal
loop road, Copley Drive and Gateway Center Drive,
from which access is gained to the multi -tenant
campus, the commercial sites, and the urban core.
Also taking access from this road is the corporate
loop road, Bridge Gate Drive and Valley Vista Drive,
from which access is gained to all parcels offered for
sale. Access to the corporate loop road features an
entry statement of reduced scale similar to the main
entries. Individual parcel entries occur at
designated locations near side property lines. Their
design reinforces the consistency of the entry
statements.
GATEWAY CORPORATE CENTER DIAMOND BAR 5
-v
(<4
2.0 SITE PLANNING GUIDELINES
L 2.1 USES ALLOWED:
_
2.1.1 The following
is a list of specific uses
allowed within Gateway Corporate Center Diamond Bar
—
without special processing:
—
Sales:
Antique shops
Appliance stores, household
—
Art galleries
Art supply stores
Auction houses
Automobile supply stores
Bakery shops
Bicycle shops
—
Book stores
Ceramic shops
Clothing stores
Confectionery / candy stores
—
Delicatessens
Department stores
Dress shops
Drug stores
Feed / grain sales
Florist shops
Fruit / Vegetable
Furniture stores
—
markets
Furrier shops
Gift shops
Glass / mirror sales
Grocery stores
Hardware stores
Health food stores
Hobby supply stores
Ice cream shops
—
Ice sales , excluding
Jewelry stores
ice plants
—
Lapidary shops.
Leather goods stores
GATEWAY CORPORATE CENTER DIAMOND BAR 7
Liquor stores
Mail order houses
Millinery shops
Model home display centers
and sales offices
Music stores
News stands
Notions / novelty
Office machines / equipment
stores
sales
Paint / wallpaper
Pet stores
stores
Pet supply stores
Photographic equipment /
supply stores
Radio / television
Retail stores
stores
Shoe stores
Silver shops
Sporting goods stores
Stationery stores
Tobacco shops
Toy stores
Trailer sales / box
Yarn / yardage stores
and utility
Service•
Air pollution
Arboretums and horticultural
sampling stations
gardens
Assaying
Automobile service stations
Bakery goods
Banks, savings and loans
distributors
credit units and finance
companies
GATEWAY CORPORATE CENTER DIAMOND BAR
Barber shops
Bars / cocktail lounges
piano bars
Beauty shops
Bicycle rentals
Blueprint shops
Book binderies
— Carwashes automatic
Catering services
Colleges / universities
Communication equipment
buildings
Community centers
Costume rentals
— Dental clinics
Dental laboratories
Dry cleaning, retail
Electric distribution sub-
stations including microwave
facilities
Electrician shops
Employment agencies
Firm laboratories
Fire stations
— Furniture / appliance
Furniture / household goods,
rentals
transfer / storage
Gas metering/ control
Interior decorating studios
— stations
studios
Laboratories,
Laundries, retail
— research / testing
Laundry agencies
Laundry plants
— Locksmith shops
Lodge halls
Medical clinics
Medical laboratories
Mimeograph / addresso-
Museums
graph services
GATEWAY CORPORATE CENTER DIAMOND BAR 9
Observatories
Offices, business
or professional
Packaging businesses
Parking lots /
Parking buildings
Pet grooming
excluding boarding
Photo -engravers and
lithographers
Police stations
Printers / publishers
Public utility
service centers
Recording studios
Restaurant and other
eating establishments
including take-out
Schools, business
and professional,
including art,
barber, beauty,
dance, drama & music
Tailor shops
Telephone repeater
stations
Union halls
Motion picture processing,
reconstruction and synch-
ronizing of film with sound
tracks
Parcel delivery terminals
Party equipment rentals
Photocopying and duplicating
services
Photography studios
Post offices
Real estate offices
Radio / TV broadcasting
studios
Repair shops, household and
fix -it
Reupholsterers, furniture
Shoe repair shops
Shoeshine stands
Sightseeing agencies
Taxidermists
Tourist information
center
veterinary clinics
GATEWAY CORPORATE CENTER DIAMOND BAR 10
Watch repair shops
Food Processing:
Bakeries
Fruit / vegetable
juices, excluding
use of carbonization
Wedding chapels
Candy and confectioneries
Ice cream
GATEWAY CORPORATE CENTER DIAMOND BAR 11
2.1.2 The following is a list of uses within
Gateway Corporate Center Diamond Bar which require
special processing and approval:
Amphitheaters
Arcades, penny or movie
Archery ranges
Automobile battery services
Automobile brake
Automobile muffler shops
repair shops
Automobile radiator
Automobile rental and
shops
leasing agencies
Automobile sales
Billiard halls
Bowling alleys
Butane/propane service
substations and
stations
Card rooms or clubs
Churches, temples or other
i.e. Fraternal only
religious centers
Day nurseries,
Drycleaning plants
children
Games of skill
Gas distribution depots,
public utility
Golf driving ranges
Gymnasiums
Electric transmission
Gas, industrial, including
substations and
oxygen, acetylene, argon,
generating plants,
carbon dioxide and similar
including microwave
gases in Interstate Commerce
facilities used in
Commission approved typed
conjunction with any
cylinders within an enclosed
one thereof
structure
Health clubs/centers Heliports/helistops
Hospitals Hospitals, small animals
GATEWAY CORPORATE CENTER DIAMOND BAR 12
Hotels
Model studios
Motorcycle/motorscooter
trail bike sales
Nurseries, greenhouses
Radio/TV stations
and towers
Recreational vehicle
sales
Rifle, pistol, skeet
or trap ranges
signs, as provided
in Article 7,
Chapter 7
Steam or sauna bath
enclosed as
accessory only
Skating rinks,
ice/roller
Assembly and Manufacture:
Aluminum products
Bone products
Canvas products
Cloth products
Mobilehome sales
Motels
Miniature golf courses
Oil wells (enclosed)
Recreational vehicle rentals
Residences, caretaker, for
use by a caretaker or super-
visor and his immediate
family where continuous
supervision is required
Storage, temporary, of
materials and construction
equipment used in construc-
tion or maintenance of
streets and highways,
sewers, storm drains,
underground conduits,
flood control works, pipe
lines, and similar uses, for
a period not to exceed one
(1) year.
Appliance assembly,
electrical, electronic
and electromechanical
Cellophane products
Cosmetics, excluding soap
GATEWAY CORPORATE CENTER DIAMOND BAR 13
Equipment assembly
electrical,
electronic and
electromechanical
Glass products and
stained glass
assembly provided
no individual
crucible shall
exceed a crucible
of sixteen (16) s.f.
Jewelry manufacture
Metals, working and
casting of rare,
precious, or semi-
precious metals
Wicker and bamboo
products
Plastic products
Stone products
Toiletries,
excluding soap
Perfume manufacture
Recreation and Amusement:
Felt products
Fur products
Golf ball manufacture
Instrument assembly,
electrical, electronic and
electromechanical,
including precision
machine shops
Leather products, excluding
machine belting
Optical goods manufacture
Paper products (enclosed)
Phonograph records
manufacture
Shell products
Textile products
Yarn products, excluding
dyeing of yarn
Athletic fields, excluding stadiums; Recreation clubs,
commercial, including tennis, polo, swimming and
similar outdoor recreational activities, together with
appurtenant clubhouse; Riding and hiking trails,
excluding trails for motor vehicles; Swimming pools;
Tennis, volleyball, badminton, croquet, lawn bowling
and similar courts.
GATEWAY CORPORATE CENTER DIAMOND BAR 14
2.1.3 For a complete list of conditional and pro-
hibited uses refer to the Appendix A.2 USES.
GATEWAY CORPORATE CENTER DIAMOND BAR 15
L 2 . 2 PARCEL GUIDELINES
The following guidelines establish the framework
within which each parcel will be designed. In
addition, a site diagram is provided for each parcel
which designates those guidelines specifically appli-
cable to that parcel. See Section 2.10 for the 24
site diagrams.
2.2.1 The smallest existing parcel planned within
Gateway Corporate Center Diamond Bar is .99 acres.
The creation of smaller lots within an existing
parcel, or the combining of 2 or more parcels, must be
approved by the Architectural Committee. To create
more lots than currently exist the creation of lots or
combining of" lots must be in conformance with the
Gateway Corporate Center Master C C & R's, Agreement
of Protective C C &-R's and all governing local,
county and state agencies, including, but not limited
to Los Angeles County Regional Planning and Department
of Building and Safety. When two lots are joined as
one, that remaining lot will be treated as one lot.
2.2.2 No site coverage is allowed to be higher
than that stated on the site diagram, and in no case
can it exceed 50%.
GATEWAY CORPORATE CENTER DIAMOND BAR 17
GATEWAY CORPORATE CENTER DIAMOND BAR J L
EXHIBIT IV , F�'
2.2.3 Building height shall be limited to the
following:
Lots 1-10 inclusive:
nine (9) stories or 150 feet, whichever is less.
Lots 11-22 inclusive:
three (3) stories or 45 feet, whichever is less.
Lot 23:
Five (5) stories or seventy-five (75) feet,
whichever is less.
2.2.4 No building or structure in excess of 5
stories or 75 feet will be permitted unless spe-
cifically approved by the Planning Review Board
and authorized by a conditional use permit.
GATEWAY CORPORATE CENTER DIAMOND BAR 19
HEIGHT LIMIT
---
PENTHOuAi
/ I
i
45%
ROOF LME
GATEWAY CORPORATE CENTER DIAMOND BAR J -
EXHIBIT V '� r'
2.2.5 Height limitations are exclusive of any
subsurface structure which is entirely below ground.
2.2.6 Building height is measured from the high-
est grade adjacent to the building to the major roof
surface of the building. Penthouse roofs and
roof -mounted equipment will be kept within a 45 degree
envelope in height and distance from the edge of roof.
2.2.7 Parapets will not exceed 8 feet above roof
elevation.
2.2.8 Building and parking setbacks shall be as
follows, measured from the property line unless noted
otherwise on specific site diagram in Section 2.10.
w A. Along Golden Springs Drive, Copley Drive and
Gateway Center Drive, 45 feet building and 25
feet parking.
B. Along Bridge Gate Drive and Valley Vista Drive,
25 feet building and parking.
C. At sideyards, 10 feet minimum building setback
and 5' minimum parking setback.
D. At rear yards 5 feet unless adjacent to a
street, 15 feet when adjacent to a street for
parking and building.
E. Building overhangs, cornices and projections
are not permitted within setback area unless ap-
proved by the Planning Review Board.
F. All setbacks are to be fully landscaped.
They will be maintained per maintenance respon-
sibility map. (See Appendix)
— G. Parking overhangs are allowed within the setback
area.
GATEWAY CORPORATE CENTER DIAMOND BAR 2 1
BUILDING SETBACKS AT SLOPE
TOE.. BLpO�Pp��af••qn•r1i),12
.
TOP
J LL
GATEWAY CORPORATE CENTER DIAMOND BAR
EXHIBIT VI 9 r
2.2.9 All building locations are to be approved
by the Planning Review Board in writing.
2.2.10 Buildings will not be allowed closer than 5
feet from the toe of a slope or 5 feet from the top of
a slope without approval of the Planning Review
Board.
(6 2.3 SIDEWALKS
Sidewalks are provided as an amenity through Gateway
Corporate Center Diamond Bar.
L 2.4 ACCESS AND DRIVEWAYS
2.4.1 A vehicular access point will be specified
at each individual parcel.
GATEWAY CORPORATE CENTER DIAMOND BAR 23
ACCESS DRIVES
• r-1 a' RAD.
1 • 7
I
LARGE SINGLE DRIVE
(COMiA0P0
DOI13LE DRIVEWAY
(COMMON)
GATEWAY CORPORATE CENTER DIAMOND BAR J L
EXHIBIT VII `1 i,
2.4.2 Alternate site access from that specified
may be by one of the following driveway types:
Large single driveway (common)
Double driveway
if approved by the Planning Review Board.
2.4.3 The two types of Common Vehicular Access
drives illustrated are permitted when approved by
the Planning Review Board.
2.4.4 No parking shall be allowed on any public
street within Gateway Corporate Center Diamond Bar.
2.4.5 Each site is allowed one sign at site
entry. Refer to site diagram for location and Sign
Guidelines (Section 5.0) for description.
2.4.6 Each site entry may have light bollards as
located on the site diagram and as described in the
Lighting Guidelines (Section 6.0). All bollards in
addition to these shall be as specified in Section
6.0.
GATEWAY CORPORATE CENTER DIAMOND BAR 25
WALL
WALL
- SHRUB MASS
WALL
PROPFATY •
AND RAW
kzi
6' 31; MIN. LANDSCAPE
VARIES
BUILDNG SETBACK
PARKNG
SETBACK
3' MAX. I I
GATEWAY CORPORATE CENTER DIAMOND BAR A L
EXHIBIT V111 , rr'
L 2.5 WALLS
-- Walls are to be utilized for either landscape design
elements or to create visual barriers for screening
purposes as outlined under 2.6.
2.5.1 Walls on lot lines are not permitted
without approval of the Planning Review Board.
2.5.2 The use of shrubs or vines along walls is
_ required.
2.5.3 No walls are to be constructed within
areas reserved for streetside landscaping. Walls
between the parking setback area and building front-
ages shall not exceed a height of 3'-011.
2.5.4 No wall can exceed a height of 8'-0" unless
otherwise approved in writing by the Planning Review
Board.
2.5.5 All walls are to be designed as an integral
part of the overall architectural and site design, be-
ing constructed with materials that are complimentary
to the style of adjacent buildings and incorporating
the same finishes and colors (i.e., if the build-
ing is brick and glass, the wall will be brick).
2.5.6 Fences of any kind are not permitted within
front building setback without approval of the Plan-
ning Review Board.
GATEWAY CORPORATE CENTER DIAMOND BAR 27
SERVICE AREAS
PLAN -
SECTION - DOCK AREA
PLAN -
D
GATEWAY CORPORATE CENTER DIAMOND BAR J L
EXHIBIT IX 1 r
L 2.6 SERVICE AREAS
2.6.1 outdoor trash areas shall be visually
screened by an 8 -foot high, noncombustible enclosure
constructed of the same materials and finishes
as the adjacent building and shall be provided with a
covering which provides a visual screen but allows air
circulation. Enclosures shall be designed and
located so as not to be highly visible from
adjacent streets and property.
2.6.2 Loading docks, service delivery areas,
where provided, are required to be screened, recessed
and/or enclosed so as not to be visible from adjacent
streets and properties. They shall be located in the
rear 1/2 of the property. service areas, which may
include truck facilities, spaces for parked motor
vehicles, materials, supplies, and exposed mechanical
and electrical equipment, must be screened with visual
barriers so they are not visible from public streets.
In addition, materials, supplies and parked motor ve-
hicles must be screened from adjacent parcels. Ser-
vice area screens shall be of the same materials and
finishes as the adjacent building, and may extend from
the building to the drive aisle.
2.6.4 No outside storage is permitted.
2.6.5 Loading, service, and delivery areas shall
not encroach into any setback areas.
GATEWAY CORPORATE CENTER DIAMOND BAR 29
L 2.7- PARKING REQUIREMENTS
Sufficient on-site parking will be provided to
accommodate all vehicles associated with the use of
- each lot at any one time, thereby avoiding overflow
parking into another company's lot or onto public
streets. Parking spaces for special uses such as
handicap parking, motorcycle parking, bicycle parking
and compact parking will also be provided.
2.7.1 Parking stalls at Gateway Corporate Center
Diamond Bar will be 8' x 18' at standard stalls and 8'
x 16' at compact stalls with 27' drive aisles.
2.7.2 Compact parking stalls may be provided at a
maximum of 30 percent of the total..
2.7.3 Parking will be provided within the follow-
ing ratios, but in no case less than Los Angeles
County Standard:
A. Industrial and office: A minimum of one space
for each 250 square feet of net floor area.
B. Commercial: A minimum of one space for each
200 square feet of gross floor area.
C. Clinics and Professional Offices: A minimum of
one space for each 180 square feet of gross
floor area.
GATEWAY CORPORATE CENTER DIAMOND BAR 31
PARKING LOT LAYOUT
GATEWAY CORPORATE CENTER DIAMOND BAR J L
EXHIBIT X
(Net floor is defined as the area within the
exterior building facades exclusive of air
shafts, elevator shafts, restrooms, and lst
floor lobby.)
2.7.4 Parking spaces shall be designated as
spaces for the handicapped and located near building '-
entrances in conformance with the current federal,
state and local codes in effect at the time of con-
struction for each parcel.
2.7.5 Primary drive aisles and parking aisles
shall be a minimum of 271- 0" (27 feet -0 inches) in
width.
r
2.7.6 Parking lots are to be arranged in a geo-
metric pattern. A 3 foot wide by 4 foot long curbed
tree planter between adjacent stalls at 4 to 6 stall
intervals will define the pattern. The tree planters
shall be centered on the line between stalls.
2.7.7 At the end of parking rows a 5 foot wide
curbed planter will be provided.
2.7.8 Designated "Cycle Parking" areas are recom-
mended for the convenience of employees using
bicycles or motorcycles and to avoid the clutter of
cycles parking in unplanned locations.
2.7.9 At conditions of tuckunder parking, all
covered automobiles shall be screened from streets.
GATEWAY CORPORATE CENTER DIAMOND BAR 32
L 2.8 GRADING AND DRAINAGE
2.8.1 G a Grading design should reinforce
the architectural and landscape designs in the
following ways:
A. Assist in screening parking, loading, and
service areas.
B. Reduce the perception of height and mass of
large buildings.
C. Provide a reasonable transition from the street
to the parcel.
2.8.2 Drainage: Drainage of surface parking
shall not sheet flow over entry drives. Drainage of
roof areas shall be through interior drains. Roof
drains must extend through curb front to parking areas
or extend through curb front to the street.
2.9 UNTIES AND COMMUNICATION DEVICES
There are no overhead power and telephone lines,
utility poles or exterior utility equipment within
r Gateway Corporate Center Diamond Bar.
GATEWAY CORPORATE CENTER DIAMOND BAR 33
2.9.1 Temporary overhead power and telephone fa-
cilities are permitted during construction only.
2.9.2 Any device for transmission or reception of
communication signals shall be screened or shall be
approved by the Planning Review Board.
A. Rooftop devices shall not extend above the
buildings highest architectural element or be
visible within a horizontal line of sight.
B. Ground -mounted devices shall be screened from
view from adjacent streets and property.
2.9.3 Ground level electrical equipment will be
screened from view with either dense, mature, land-
scaping materials or with a noncombustible enclosure
(of a design acceptable to the local utility company)
using materials complimentary to the architectural
style of the adjacent building.
A. Screening methods may be as described for trash
enclosures. Where possible, trash and
transformer enclosures shall be integrated into
the same enclosure.
B. Transformers may be screened from view by using r
landscape screening devices, such as 5 -gal.
shrubs at 3 ft. on center (minimum).
2.9.4 Transformers and trash enclosures are not
permitted within the streetside building setback.
2.9.5 Above -ground switching devices installed as
a part of the backbone utility system will be screened
from view from adjacent streets by shrub elements
provided in the streetscape design.
GATEWAY CORPORATE CENTER DIAMOND BAR 34
2.10 INDIVIDUAL PARCEL PLANNING GUIDELINES
The following exhibits graphically delineate, on a
parcel by parcel basis, all specific requirements for
that parcel.
- SITE DIAGRAM LEGEND
SETBACK AREA
--�—' ELEVATION CHANGE (2$-0')
1> LOCATION OF SUGGESTED ENTRY DRIVE
4 MONUMENT SIGN LOCATION
a--. STORM DRAIN EASEMENT
_ ACCESS ROAD EASEMENT
_____._.SF NET USEABLE SITE AREA
including flat pad areas and
the slopes within the front yard setback
GATEWAY CORPORATE CENTER DIAMOND BAR 35
i
i
1
4a• $LM SETBACK"" /
za/P,uKOIo sE jN=
.// %6P oF�oPe
L=
OF SLOPE
LOT NUMBERA A J L
GATEWAY'CORPORATE CENTER DIAMOND BAR
F
~ SITE DIAGRAM 86,212.42 SF
1.9792 ACRES
0 s0 100 200
ootat 8P
R,Noi;� $ ,DR/V
F
G�=ACEIVTER
DRIVE
LOT NUMBER: 3
GATEWAY CORPORATE CENTER DIAMOND BAR
4$:BLDG._SET BACK
2S' PRKG. SET BACK
J L
� r
SITE DIAGRAM 41,626.95 SF
0.9556 ACRES
0 50 100 200
LOT NUMBER: 5 J 61GATEWAY CORPORATE CENTER DIAMOND BAR
SITE DIAGRAM 879927.10 SF
2.0185 ACRES
R ...
0 50 too 200
C) —
WSLDG. 8ET BACK
-S PRKG._SET BACK
TOOF SLOPE.
— 4a'BLDG:. BET AC1C
25'PRKG. ;ETBACK
ZqrBLDG.-AND ---
-p �RKIUQSET
-p�RKINQSET CK
hh.r
VALLEY VISTA DRIVE
LOT NUMBER: 6 Ad L
GATEWAY CORPORATE CENTER DIAMOND BAR
,r
1009131.79 SF
SITE DIAGRAM 2.2987 ACRES
0 so 100 Zoo
LOT NUMBER: 7 A L
GATEWAY CORPORATE CENTER DIAMOND BAR
SITE DIAGRAM
R ....
o so too Zoo
0
TOE OF SLOPE
s' PARKM SETBACK
—ta N DO. SETBACK
"{ ZS' BLDQ AND
h
s : PANWO SETS
LOT NUMBER: 8
GATEWAY CORPORATE CENTER DIAMOND BAR
4 L.
,r
SITE DIAGRAM
O so too
Zoo
BROGEGATE DRIVE —
3w
TOE OF SLOPE
UD
IW M
—
AMM SETBACK
�E....
ir
PARK!!p SETBACKr: _
VALLEY VISTA GPM
3s' FROM TOE OF SLOPE
LOT NUMBER: 9
A 6-
GATEWAY CORPORATE
CENTER
DIAMOND BAR
,r
SITE DIAGRAM 118,401.52 SF
2.7181 ACRES
■t w
0 50 100 200
r)
S' PKO. SET BACK TOE OF SLOPE
,s
10' BLDG. SET BACK J
J _•
J
LOT NUMBER: 10 J
GATEWAY CORPORATE CENTER DIAMOND BAR I'll r
SITE DIAGRAM 89,765.59 SF
2.0607 ACRES
O 50 100 200
� 1
LOT NUMBER: 11 J L
GATEWAY CORPORATE CENTER DIAMOND BAR
SITE DIAGRAM
0 so 100 200
c)
5' PKG. SET BACK
10' BLDG. SET BACK
TOE OF UaPE
25' Kna Amn
arm
2.1611 ACRES
LOT NUMBER: 12
GATEWAY CORPORATE CENTER DIAMOND BAR
Orr
ic
155,530 J 2 SIF
SITE DIAGRAM 3.5705 ACRES
0 So 100 200
STORM DRAIN -
16' ACCESS '
I'.
EASEMENT
10' STORM
DRAIN EASEMENT__
LOT NUMBER: 14
GATEWAY CORPORATE CENTER DIAMOND BAR
SITE DIAGRAM 111,688.66 SF
2.5640 ACRES
0 SO 109) 200
1WACCESS EASEMENT
LOT NUMBER: 15 =d 6=
GATEWAY CORPORATE CENTER DIAMOND BAR
- A r
SITE DIAGRAM 1589023.00 SF
3.6277 ACRES
0 so 100 200
sW
BRDGEGATE DRIVE
LOT NUMBER: 16 Ad L
GATEWAY CORPORATE CENTER DIAMOND BAR I
SITE DIAGRAM
0 s0 100 200
STORM DRAIN
10' STORM
, DRAIN EASEMENT
1 S'ACCESS EASEMENT
i
10' STORM TOE OF SLOPE
DRAIN EASEMENT 00
1 d'ACCESS EASEMENT—
va
b I
b
25' ELDG. AND
- _ -fSTIIAi
MOGEGATE DRIVE
LOT NUMBER: 17
GATEWAY CORPORATE CENTER DIAMOND BAR
1319645.73 SF
3.0222 ACRES
a
J L
�r
SITE DIAGRAM 117 9112.17 SF
2.6885 ACRES
0 so 100 200
11 1 sir STORM DRAIN _i
LOT NUMBER: 19 =D 6
GATEWAY. CORPORATE CENTER DIAMOND BAR
SITE DIAGRAM 819568.51 SF
1.8726 ACRES
0 s0 100 Zoo
10' BLDG. SET BACK
S' PING. SET BACK
a' PKG. SET BACK.
10' BLDG. SET BACK
LOT NUMBER: 2 0 A 06
GATEWAY CORPORATE CENTER DIAMOND BAR m rp
X STORM
DRAIN EAREY;N I. TOE aF Amm
0
•1M:1:1',1:1:3:
r
km
:l ■.
SITE DIAGRAM 139978 1 A2 SIF
3.2089 ACRES °"°'
O
0 so 100 200 HM
-H
Him
STORM DRAIN
10" STOR*,O*AIN EASEMENT
"d
4W BLDG. SETBACK
2r PARKING SETBACK
.!as]:
UULDM sm*,Q8 am
rIT NUMBER-- 23
m �1�
_ J L 3
F .0 BUILDING DEVELOPMENT GUIDELINES
The architectural concept of Gateway Corporate Center
Diamond Bar is to create visual unity and continuity.
L•
3.1 ARCHITECTURAL TREATMENT
The architectural treatment of buildings provides the
primary means of visually unifying and identifying the
character of the Center.
A. Architecture is of a contemporary nature.
B. Building masses are simple in form and of strong
geometry.
L
3.2 BUILDING MATERIALS
Materials are to be of a contemporary nature to
enhance the image of the architecture.
3.2.1 The following building materials are
permitted:
A. Glass
B. Brick
C. Non -patterned tile
GATEWAY CORPORATE CENTER DIAMOND BAR 59
D. Metal panels
E. "Tilt -up", "poured -in-place", or "precast"
concrete with a "natural" finish (sandblasted or —
textured), and uniform in color.
F. Concrete block (with textured, split face, or _
sand blasted) only on freestanding walls and as
site accents.
G. Glass block. —
GATEWAY CORPORATE CENTER DIAMOND BAR 6
0 _
L 3.3 ROOFS
While roofs are to be generally flat, with adequate
minimum slope for adequate drainage, height variations
will be used to conceal equipment and define
entrances.
3.3.1 Roof shapes may include simple gable or
shed forms.
3.3.2 Roof -mounted ventilators are to be maximum
of one and one-half (1-1/2) feet above the point to
which attached and are to be painted or prefinished a
grey color to match the roof finish material in the
manner prescribed in Section 3.3.3 hereinafter. They
shall be screened as per requirements for other roof
mounted equipment.
GATEWAY CORPORATE CENTER DIAMOND BAR 61
SCREENING ROOFTOP tQUIPEMENT
HORIZONTAL LINE OF SIGHT
HORIZONTAL LINE OF SIGHT
oe
ROOFTOP EOWPEMENT
i
MECHANICAL SCREEN
4S°
GATEWAY CORPORATE CENTER DIAMOND BAR J L
EXHIBIT XII `1 r
_ 3.3.3 Roof finish material shall have a uniform
grey color. The Architectural Committee reserves the
right to request specific roof finishes and/or
specific screening of roof -mounted equipment.
L 3.4 ROOF MOUNTED EQUIPMENT
Roof mounted equipment will be hidden behind building
parapets so as not to be visible from surrounding
streets, drives or adjacent buildings on a horizontal
sight line.
3.4.1 Where roof mounted equipment is not hidden
from view by the building parapet, a screen must be
constructed using materials complimentary with the
existing building. The design of the screen will be
integrated into the overall architectural design of
the building. The inside surface of the screen shall
be finished a grey color to match the roof finish
material in the manner prescribed in Section 3.3.3
hereinabove.
3.4.2 All roof mounted equipment must be painted
a grey color to match the roof finish material in the
manner prescribed in Section 3.3.3 hereinabove.
L 3.5 PERFORMANCE STANDARDS AND CONSIDERATIONS
All buildings within Gateway Corporate Center Diamond
Bar will meet State energy efficiency and conserva-
tion guidelines for commercial construction.
Use of both passive and active devices and tech-
niques to improve building energy performance, while
creating architectural variety and visual detail, are
encouraged.
GATEWAY CORPORATE CENTER DIAMOND BAR 63
3.5.1 Use of systems which shift utility demand
(i.e., gas and electricity) to off-peak hours are
encouraged.
3.5.2 Roof -top solar collectors can be installed
if visually hidden by parapets or other architectural
details, or if aesthetically incorporated into shed
form roof areas.
3.5.3 Buildings should be designed and oriented
on the site to take advantage of solar access.
3.5.4 Sound generation allowed on a site shall
not exceed the allowable dba of the Noise Control or-
dinance of Los Angeles County.
GATEWAY CORPORATE CENTER DIAMOND BAR 64
15'
L 3 . 6 TREATMENTS REQUIRING SPECIAL REVIEW
No residential or period styles are permitted on
buildings within Gateway Corporate Center Diamond Bar.
3.6.1 Mansard roofs are not permitted.
3.6.2 The following building materials are per-
mitted only by review of the Planning Review Board:
A. Dark metal on sloped roof.
B. Concrete blocks.
C. Painted concrete.
D. Plaster or textured coatings.
3.6.3 The following building materials are not
permitted.
— A. Wood shakes or shingles.
B. Wood siding.
C. Asphalt shingles.
3.6.4 Pre-engineered metal buildings are not
— permitted in Gateway Corporate Center Diamond Bar.
Custom designed metal clad buildings may be permitted
by the Planning Review Board.
3.6.5 Any material not listed above will be
subject to design review.
GATEWAY CORPORATE CENTER DIAMOND BAR 65
LANDSCAPE MASTER PLAN
o' 400' Soo, 1600, 6n -,.
VYjPRIOWN ZONE I _- -��
® f t
Entry Slopes
® t2
Streetscaps
® t3
Parcel Slopes
t4
Freeway Edge
+6
Sackelopes
GATEWAY CORPORATE CENTER DIAMOND BAR
EXHIBIT X111
J L 4.0 LANDSCAPE MASTER PLAN
, r
The landscape master plan for Gateway Corporate
Center Diamond Bar consists of planting zones that
identify and give character to the site. A zone of
formal street trees lines both loop roads and occurs
on the side of the street where the buildings and
entries are located. The concept is to create a
planting of columnar evergreen trees along Gateway
Center Drive, Copley Drive, Valley Vista Drive and
Bridge Gate Drive to give a character of order, unity
and formality.
On the opposite side of the road is a less -formal
planting zone of deciduous trees. They line the road
in an irregular pattern at the top of the slope and
then continue down the slope in a mass with
groundcover below.
Along the hillside near the east entry is an oak tree
zone, planted in a grid pattern. This area will meet
the county's requirement for oak trees to be planted
on the site.
There are three (3) types of slope planting in the
master plan. The most prominent and dramatic is the
large, long slope displayed along the freeway
frontage. The planting for this slope will be a
colorful, evergreen planting with a "fabric" of shrubs
overlaid in a grid system.
The slopes separating the individual parcels will be a
uniformly evergreen groundcover with trees and shrubs.
At the end of the project, at the base of the
foothills, is a slope planting of naturalized native
shrubs and wildflower seeds. This is an attempt to
transition the plant material as it meets the
indigenous hillside plants.
GATEWAY CORPORATE CENTER DIAMOND BAR 67
ENTRY PERSPECTIVE
GATEWAY CORPORATE CENTER DIAMOND BAR
EXHIBIT XIV
J L
qjr
L 4 . 1 PROJECT ENTRY
There is an east and a west project entry to
Gateway Corporate Center Diamond Bar. The east
entry, at Copley Drive, serves as the major collector
of traffic entering and exiting the site. Since the
slopes at this entry aren't as prominent as the west
entry at Gateway Center Drive, the buildings in this
case will come closer to the entry and re-create the
Gateway image.
The entry at Gateway Center Drive can be seen from the
freeway and so its image needs to be established from
a further vantage point. Large, colorful slopes
flank the vehicular entry which has a series of
receding walls. This entry also has a welcoming feel
and scale through the use of formal and textural plant
material, dramatic up -lighting of the trees and walls,
and identification graphics.
GATEWAY CORPORATE CENTER DIAMOND BAR 69
WEST ENTRY
GATEWAY CORPORATE CENTER DIAMOND BAR J L
EXHIBIT XV 1 ,
WEST ENTRY WALLS
J 61GATEWAY CORPORATE CENTER DIAMOND BAR -11, r
EXHIBIT XVI
L 4.2 PLANTING FOR LOOP DRIVES
The loop drive planting will be one of the elements
which gives Gateway Corporate Center Diamond Bar its
cohesive, distinguishable character.
On the building side of each drive will be a formal
planting of trees at 30 feet on center in a 6 foot
wide turf parkway at curbside. Then a 4 foot wide
sidewalk completes the 10 foot wide right of way.
On the slope side of the road an informal, random
spacing of deciduous flowering trees will be set in a
10 foot wide turf parkway. The planting down the
_ slope to the lower road will consist of a mix of
deciduous native trees, shrubs and flowering
groundcover.
The planting slope area between the street right of
way and the parcel's 25 foot landscaped setback line
shall be planted and maintained by the parcel
developer, to the standards set by Gateway Corporate
Center Diamond Bar, using materials specified as loop
drive planting in these guidelines.
4.2.1 The following trees and plants will be used
at the loop drive front yard landscaped setback:
EVERGREEN TREES:
Cedrus Deodara Deodar Cedar 24" Box @ 60' o.c.
Center the trees within the 25' setback and center
them between street trees.
GROUNDCOVER•
Acacia Ongerup
O'Connor's Legume
1 gala @ 10' o.c.
Hydroseed
GATEWAY CORPORATE CENTER DIAMOND BAR 73
SLOPE PLANTING STUDY
GATEWAY CORPORATE CENTER DIAMOND BAR J L, r
EXHIBIT XVIII
L 4.3 PARCEL PLANTING PROVISIONS
In the slope zone where two parcels adjoin, there will
be a random mix of trees and shrubs in a flowering
groundcover. In the front of a parcel, this planting
zone will be adjacent to the formal loop road
planting.
For each developed parcel there is specific design
criteria which addresses the parking lot arrangement,
- parcel lighting, signage and planting setbacks. See
Section 2.10 for site diagrams.
4.3.1 Fifteen percent (15%) of the gross usable
lot area (which shall include front setback areas but
exclude all natural and graded side and rear yard
slopes) of each lot in the property developed for com-
mercial, retail, or office/professional uses shall be
required as a landscape area.
As previously noted, landscaping for rear and side
slopes may not be counted toward lot landscaping
requirements with the following exception: Where over
twenty percent (20%) of any lot consists of side and
rear yard slopes, that lot shall be allowed to use
that slope landscaping for one-third of their land-
scaping requirements.
_ 4.3.2 Concrete curbs will be provided as borders
between landscape areas along toe of backslope and
along top and toe of parcel slopes.
4.3.3 All buildings must have a minimum width of
6 feet of landscaping at face of building except at
entrances and service areas. Service areas have
specific landscape screening requirements (Refer to
Section 4.5).
GATEWAY CORPORATE CENTER DIAMOND BAR 75
TREE WELLS
3'
6' Z' 6
m
r
O
STALL UNE -- -
0
DOE OF STAI
f
LL
TE TREE WELL
PAVING
GATEWAY CORPORATE CENTER DIAMOND BAR J L
EXHIBIT XIX `� r'
L 4.4 PARKING LOT ARRANGEMENT
Parking lots are to be planted in geometric patterns.
Drive aisles shall be emphasized by vertical,
deciduous trees. Parking aisles shall be shade -
providing evergreen canopy trees.
The tree wells shall be centered on the line between
stalls. Refer to Section 2.7 for layout of wells.
Curbs at tree wells are deepened for protection of the
paving surface.
4.4.1 The following
trees will
be used
in site
parking areas:
DECIDUOUS TREES:
Liquidambar styraciflua
Sweet
Gum
15 gal
Liriodendrom tulipifolia
Tulip
Tree
15 gal
EVERGREEN TREES•
Ulmus parvifolia "Drake"
Evergreen
Elm
15 gal
SHRUBS:
Raphiolepis indica
5 gal.
@ 3 ft.
o.c.
GATEWAY CORPORATE CENTER DIAMOND BAR 77
L,.-., 4 . 5 SERVICE AREA SCREENING
4.5.1 The following planting criteria will be
used for screening:
WALLS AND VINE SCREEN
Plant vines, 5 gallon size at 5 feet on center along
the screen walls (with leader cable or espalier if
needed). Planting area around walls shall be a
minimum of 2 feet wide and shall always be planted
with groundcover, in addition to shrubs and/or vines.
HEDGE SCREEN
A hedge shall be kept pruned to a minimum height of 6
feet and a maximum height of 8 feet. A hedge planting
area shall be a minimum width of 3 feet and shall
contain groundcover under the hedge.
�- 4.5.2 The following plants will be used for
screening:
SHRUBS•
_ Xylosma congestum
Xylosma
5
gal
Nerium oleander
Oleander
5
gal
Escallonia
Escallonia
5
gal
Abelia grandiflora
Glossy Abelia
5
gal
VINES•
Ficus repens
Creeping fig
5
gal
Gelsemium sempervirens
Carolina jasmine
5
gal
Bignonia cherere
Trumpet vine
5
gal
GATEWAY CORPORATE CENTER DIAMOND BAR 79
SIGN REQUIREMENTS
8'
GATEWAY CORPORATE CENTER DIAMOND BAR
EXHIBIT XX
CONCRETE W/
SCORE JOINTS
AT 12" O,C. EA. `
DIRECTION
TENANT NAME
& ADDRESS:
INDIVIDUAL
LETTERS &
NO.'S
TENANT NAME
11' LETTERS
ADDRESS
O LETTERS
J L•
r 5.0 SIGN GUIDELINES
L 5.1 DESIGN OBJECTIVES
To allow sufficient, though not excessive, business
identification signs so that the name of each business
in Gateway Corporate Center Diamond Bar is clearly and
individually associated with the facility it occupies
and can be viewed by passing motorists.
To insure that signs do not, because of their height,
placement or design, contribute to a decrease in the
safety and efficiency of traffic flow.
L 5.2 DESIGN REQUIREMENTS
5.2.1 With the exception of lots 6, 7, 8, and 9,
each parcel developer will be able to erect one
monument sign (tenant) on their parcel and attach one
identification sign to their building. Refer to size
diagrams for recommended location and Exhibit XX for
size and construction.
5.2.2 All monument signs must be uniform in
design, size, height, and lighting with those signs
for other parcels.
5.2.3 The sign face may be composed of two (2)
colors, as a maximum.
GATEWAY CORPORATE CENTER DIAMOND BAR 81
5.2.4 Signs and business identification devices
cannot be used for advertising of any kind including,
but not limited to, advertising of products, services
or job openings.
5.2.5 Building identification signs cannot exceed
100 square feet in area and 5 feet in height with no
dimension greater than 201.
5.2.6 Building identification signs and signage
on monuments must be made of individual letters and
may be individually backlit.
5.2.7 All signs must be approved by the Planning
Review Board.
GATEWAY CORPORATE CENTER DIAMOND BAR 82
J , 6.0 LIGHTING GU
V_ IDELINES
L 6.1 DESIGN OBJECTIVES.
To have on-site parking lot lighting fixtures and
illumination levels consistent throughout Gateway
Corporate Center Diamond Bar.
To prevent on-site lighting from casting glare onto
adjacent streets in such a manner as to decrease the
safety of vehicular movement or to cause a nuisance to
adjoining neighbors.
L 6.2 PARKING LIGHTING
For parking areas, access drives and internal
vehicular circulation areas the lighting fixtures
shall be Delta No. AKA 400 MH metal hallide fixtures,
black enamel, mounted on 18' tall square black alumi-
num poles. The maximum fixture height is to be 20'
above finished grade. Parking lots must provide an
average maintained illumination level of 1 foot candle
minimum.
L 6.3 SERVICE AREA LIGHTING
-� Service area lighting shall be contained within the
service yard boundaries and enclosure walls. No light
spillover shall occur outside the service area. The
light source shall not be visible from outside the
service area.
GATEWAY CORPORATE CENTER DIAMOND BAR 83
L 6.4 BUILDING AND ARCHITECTURAL LIGHTING
Building illumination and architectural lighting shall
be indirect in character. (No light source visible.)
Indirect wall lighting, "wall washing" overhead down
lighting, or interior illumination which spills
outside is encouraged. Architectural lighting should
articulate and animate the particular building design
as well as provide the required functional lighting _
for safety of pedestrian movement.
L 6.5. PEDESTRIAN LIGHTING
Pedestrian walk and area lighting is segmented into
two zones:
6.5.1. The first zone is pedestrian area
lighting. This is for outdoor pedestrian use areas
such as courtyards, entry ways, etc. Pedestrian area
lighting should achieve a uniformity minimum ratio of
3.5 -to -1, with an average illumination of .60
foot-candles and a minimum of .18 foot-candles and
shall be metal hallide or incandescent.
6.5.2. The second zone is for pedestrian walk
lighting, where point-to-point lighting is acceptable
with no specific illumination levels required. The
main emphasis in this zone should be to clearly
identify the pedestrian walkway and direction of
travel. This will be done with metal hallide bollard
lights. Bollard fixtures shall be Kim B30-200 series
light bollards, black enamel.
GATEWAY CORPORATE CENTER DIAMOND BAR 84
- J L A.0 A
r PPENDIX
This section provides specific guidelines for the type
of information required for timely review by Planning
Review board. These guidelines supplant requirements
in previous documents.
L A.l.l GENERAL
Prior to submission of plans for review by the County
of Los Angeles, submit preliminary and final plans to
the Planning Review Board.
A. Three copies of each submittal are required.
One copy will be returned to the applicant.
B. An authorization letter for the applicant's
agent during plan review if applicable is
required.
C. Parcel and parcel map numbers on all plans and
other documents submitted for review are
required.
D. Tabulation of gross and net building areas by
use, site area, and landscape areas on all plans
submitted for review is required.
GATEWAY CORPORATE CENTER DIAMOND BAR 8-5
E. All plans and specifications to be submitted
shall be prepared by an architect and/or
engineer, licensed to practice in the State of
California.
F. Review fees shall be submitted at the time of
application for preliminary and working drawing
review.
G. Comments will be returned by the Review Board
within 30 days after submission.
H. Submittals shall be made to the Zelman Develop-
ment Co., 515 S. Figueroa Street, Suite "-
1900, Los Angeles, CA 90071, attn: Sanford L.
Kopelow, A.I.A.
- A.1.2 SITE PLAN
Submission of a Site Plan is required to insure that
the location of the building or buildings on a site
confirm to the overall master plan siting concept.
The Site Plan is to include the following:
Indication of the total building complex with roof
lines; vehicular and pedestrian circulation;
parking; grading, drainage and utilities; design
relationship to adjacent properties and streets;
description or sketches indicating architectural
character and materials and color.
GATEWAY CORPORATE CENTER DIAMOND BAR 86
L A.1.3
PRELIMINARY PLANS
Preliminary Plans, required of all applicants, will in-
clude the following site, architectural, engineering and
landscape information:
Indication of existing topography; finish grades; drainage
and utility connections to existing lines; building eleva-
tions showing materials, colors and finishes for all ex-
terior design elements; location of and methods of screen-
ing exterior storage areas, loading docks and ramps,
transformers, storage tanks, mechanical equipment; parking
lot, walkway and security lighting including catalogue
cuts of fixtures; parking layout; a'preliminary landscape
plan showing location and types of trees and shrubs; and
location, dimension and general form of proposed
signing.
PRELIMINARY PLANS ARE TO BE REVIEWED AND APPROVED
BEFORE WORKING DRAWINGS ARE SUBMITTED.
Prior to submission of plans for review by the County of
Los Angeles, submit preliminary plans to the following
entities for review and approval:
1. Architectural Committee
Gateway Corporate Center
c/o ZELMAN DEVELOPMENT CO.
Sandford L. Kopelow A.I.A.
Vice President
515 S. Figueroa St., #1900
Los Angeles, CA 90071
(213) 628-0624
3 copies: Site Plan,
Floor Plan, Roof Plan,
Grading Plan, Land-
scape Plan, Exterior
Elevations with Colors
2. Peter F.Schabarum. Supervisor
(Filed on behalf of Applicant by Zelman Development
Co.)
Peter F. Schabarum Mounted Colored Site
Supervisor, First District Plan and Colored
COUNTY OF LOS ANGELES Elevations or Rendering
_ 856 Hall of Administration
Los Angeles, CA 90012
GATEWAY CORPORATE CENTER DIAMOND BAR 87
L 3. Diamond Bar Municipal Advisory Committee (MAC)
(Filed on behalf of Applicant by Zelman Development
Co.)
Paul Horcher
Chairman
1220 S. Diamond Bar. Blvd.
Suite E
Diamond Bar, CA 91765
Post Office Box 4778
Diamond Bar, CA 91765
Mounted Colored Site
Plan and Colored
Elevations or Rendering
4. Transamerica Development Company
(Filed on behalf of Applicant by Zelman Development
Co.)
Donald E. Ury 2 copies: Site Plan,
Architectural Committee Floor Plan, Exterior
Member Elevations, Grading
1150 S. Olive St., #2723 Plan, Roof Plan, Land -
Los Angeles, CA 90015 scape Plan, Irrigation
Plan, Color Board
A.1.4 WORKING DRAWINGS
Working Drawings required of all applicants shall
include the following:
Revisions required by Preliminary Plan review;
architectural, structural, mechanical and electrical
plans; construction details, specifications if
requested; exterior color samples; exterior material
samples and colored elevations or renderings; complete
landscape plans showing location and types of trees,
shrubs, ground cover and irrigation systems and final
signage plans.
CONSTRUCTION MAY NOT BEGIN UNTIL THE WORKING DRAWINGS
HAVE BEEN REVIEWED AND APPROVED.
GATEWAY CORPORATE CENTER DIAMOND BAR 88
L
A.2 USES
The following is a list
of prohibited uses in the
Gateway Corporate Center
Diamond Bar:
Boat/marine centers
Second hand stores
Stamp redemption
User trailer sales
centers
(except with new)
Auto sight-seeing
Boat rentals
— agencies
Coin operated or hand
Comfort stations
— car washes
Day care for children/
Day care for children/
family homes
special homes
Dog training schools
Self service dry cleaning
_ Electricians shops
Frozen food lockers
(non -enclosed)
Homes for aged persons
Homes for children/
foster family
foster family
Laundries/hand
Laundries/self-serve
Non -enclosed laundry
Motion picture studios and
plants/wholesale
sets
Motorcycle, trail
bike, motorscooter
Non -enclosed plumbing shops
rentals
W Revival meeting tents
Schools, through grade 12
Signs, outdoor
Heavy machinery or truck
i advertising
(over 2 ton) rental
GATEWAY CORPORATE CENTER DIAMOND BAR 89
Non -enclosed paper
Non -enclosed building —
products (manufac-
material storage
ture)
Auto body & fender
Boat, minor repair of
repair, painting
and upholstering
Any non -enclosed
Airports
manufacturing,
processing, treating
Ambulance services _
or packaging
Amusement rides/
Apartment houses
devices
--
Boxing arenas
Automobile impound yards
Circuses
Carnivals, commercial for
longer than 7 days
Convents/monestaries
Correctional institutions _
Dance halls
Escort bureaus
Fraternity/sorority
Homes for aged persons/small
houses
group care
Homes for children/
Institutions for aged
special boarding
persons
Institutions for
Juvenile halls —
children/private
Landing strips
Land reclamation projects
Mobilehome parks
Mobilehomes for use by ~
caretaker, etc.
Pool halls Public utility service yards
GATEWAY CORPORATE CENTER DIAMOND BAR 90
Publicly owned uses
Residences, single family
necessary to the
maintenance of the
Residences, two family
public health, con-
venience, or general
Sewage treatment plants
welfare
Revival meetings,
Non -enclosed skeet or trap
tent for longer
ranges
than 7 days
Rooming and boarding
Shooting galleries
houses
Solid fill projects
Theaters/drive-in
Travel trailer parks
Water reservoirs, dams,
treatment plans, gauging
Youth hostels
stations, pumping stations,
tanks, wells, and any other
Cemeteries
normal and appurtenant to
the storage and distribution
Explosive storage
of water
GATEWAY CORPORATE CENTER DIAMOND BAR 9 1
GATEWAY CORPORATE CENTER DIAMOND BAR
APPENDIX A
J L
IR r
STORM DRAIN
GATEWAY CORPORATE CENTER DIAMOND BAR J L
APPENDIX B , r
I
PUMP HOUSE LOCATIONS
-- J L
GATEWAY CORPORATE CENTER DIAMOND BAR
- max C
1 r
J
PROCLAMATION OF THE BOARD OF SUPERVISORS OF
THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
PROCLAIMING THE MONTH OF OCTOBER, 2989, AS
"SMOKE DETECTOR" MONTH IN CONJUNCTION
WITH THE YEAR-LONG EARTHQUAKE SURVIVAL PROGRAM
IN SOUTHERN CALIFORNIA
WHEREAS, the County of Los Angeles adopted and
implemented the Earthquake Survival Program which encourages
residents to take a different precaution each month; and
WHEREAS, the loss of life and property can be greatly
reduced if appropriate preparedness measures are taken before a
damaging earthquake; and
WHEREAS, the month of October has been designated as
the month of purchase or install a smoke detector as a early
warning alarm for fires in conjunction with the Earthquake
Survival Program; and
WHEREAS, all residents of Southern California are
encouraged to continue taking emergency preparedness
precautions to make themselves more self-sufficient in the
event of a catastrophic incident, such as a major earthquake;
and
WHEREAS, the year-long educational campaign, known as
the Earthquake Survival Program is recognized as a convenient
method for residents to better prepare themselves and also to
enhance their awareness of the ever-present threat of
earthquakes;
NOW, THEREFORE BE IT PROCLAIMED by the Board of
Supervisors that the month of October, 1989 is SMOKE DETECTOR
month in Los Angeles County and the Board encourages all
residents to prepare themselves by having installed at their
residence a smoke detector for use as an early warning alarm
for fires.
Mayor
ATTEST:
City Clerk of the
City of Diamond Bar
RICHARD B. DIXON
CHIEF ADMINISTRATIVE OFFICER
COUNTY OF LOS ANGELES
CHIEF ADMINISTRATIVE OFFICE
September 25, 1989
713 HALL OF ADMINISTRATION I LOS ANGELES, CALIFORNIA 90012
974.1101
The Honorable Phyllis
City of Diamond Bar
21660 E. Copley Drive,
Diamond Bar, CA 91765
Dear Mayor Papen:
Papen, Mayor
Suite 330
EARTHQUAKE SURVIVAL PROGRAM PROCLAMATION
MEMBERS OF THE BOARD
PETER F.SCHABARUM
KENNETH HAHN
EDMUND D. EDELMAN
DEANE D
MICHAEL D. ANTONOV
'J t
The Los Angeles County Board of Supervisors is about to proclaim
October, 1989 as 11Smoke Detector Month" (proclamation copy
attached) in conjunction with the Southern California Earthquake
Survival Program (ESP). This is the sixth precautionary measure
of the Earthquake Survival Program for presentation to the
residents of Southern California.
On behalf of the Board of Supervisors, I invite and encourage your
continued support in the Earthquake Survival Program by either
adopting the attached proclamation or by making a similar
proclamation.
Chief Administrative Officer
RBD:MJH
JEH: j s5
Attachment
10PROCLA.LEM
P"�VE
. w• v
AGENDA N0. 23
No documentation available
AGENDA N0. 24
No documentation available
AGENDA ITEM NO. 25
NO DOCUMENTATION AVAILABLE
STAFF REPORT
ISSUE: A proposal by Chris Lancaste r a representative of Kartchner &
Chollet Inc., to construct a P � Racquetball facility
at Carl J. Peterson Park in the City of Diamond Bar.
BACKGROUND: Carl J. Peterson Park, a park on Slyvan Glen Road located
at the Northern end of Diamond Bar, is currently sought by
the City for further development. The existing conditions
of the park are basically green grass, restrooms, drinking
fountain, and parking lots.
k c rckcGuetb CO C �
FACT: Pa1';�y I� is b6sed on a coin-operated concept which
has been done successfully in many cities. Players come dressed
to play, they deposit $1.00 or $5.00 dollar bills into a computerized
court controller that dispenses court lights for the desired time.
No memberships, dues or reservations are required.
Several cities participating in such a program are the City of
Glendora, the City of Manhattan Beach, the City of Huntington
Beach, and the City of Huntington Park. In addition, the City
of Long Beach has recently approved the building of a Pay N'Play
racquetball facility with four (4) indoor courts in one of their
many parks.
The City of Glendora currently has five (5) indoor courts operating
on a 24 hours -a -day schedule. The facility is located at Dawson
Park on 155 Dawson Avenue, just off the 210 Freeway.
The building has been there for five years and is still in good
condition. The city is pleased with the maintenance and the
operations of this facility. Besides receiving additional revenue
for the rented space, the city also recieved two restrooms for the
park.
This program, established in January of 1985 has allowed the
citizens of Glendora to play indoor racquetball without paying annual
membership dues and additional monthly fees. The facility is run
on a "first come - first serve" basis.
According to the City of Glendora, 30,400 players used this center
in 1957.
The City of Manhattan Beach currently has four (4) indoor courts
operating on a 24 hours -a -day schedule at Marine Avenue Park. A
lease agreement was not obtainable, so specific information will
not be covered in this section of the report. However, according
to a letter from James A. Stecklein, the Director of Parks and
Recreation:
These courts have now been in operation for two years. The city is
pleased with the use of the courts and the mariner in which they
are being maintained. There has not been one complaint about the
operations, the appearance, and the maintenance of these courts
People are using them constantly. And the city is convinced that
the Pay N'Play plan for installing the courts on city property can
be of benefit to both the city and the Pay N'Play company. This plan
has created a valuable recreation facility for the general public.
Also, the city receives a rental payment and doesn't have to maintain
this portion of the park, which is an additional savings to the city.
The City of Huntington Beach currently has seven (7) indoor courts
in operation at Worthy Community Park. Exact hours of operation
are not known. There has been a cooperative relationship between
Pay N'Play, the city and the adjacent high school; the tenant agreed
to provide court space at no charge to Huntington Beach School
District students for conducting registered physical education
racquetball classes during regular school days and hours. However,
Pay N'Play company will abate the associated costs through the rent.
According to Jim B. Engle, Superintendent of Park Development and
Recreation for the City of Huntington Beach, these courts are well
maintained and operated by Pay N'Play. These courts are considered
a positive addition to the city, providing citizens a wider variety
of activities at a reasonable cost. Pay N'Play company has been
prompt and thorough from an accounting standpoint.
Pay N'Play was able to provide indoor racquetball courts at no
expense to the city. The park improvements received by the city with
this facility were restrooms and minor landscaping around the building.
The negative aspects, according to Mr. Engle, would be that the
city will lose some control on this portion of their parks. If
changes were to be made to this facility, it will have to be
locks on the restroom and more restriction on the operation hours
as to the use of these restrooms. Vandalism is the main concern
regarding to this subject.
The City of Huntington Park is another city to have a Pay N' Play
raquetball facility. However, this facility is not affiliated
with the Pay N'Play company; it is owned and operated by the city.
The residents of the city simply pay x:3.00 for a permit card valid
until the end of that year; non-residents pay $2.00 for a permit
valid only for one hour, or longer if there are no players waiting
to use the court. This system of operation has worked well.
No further information was obtainable.
Finally, the City of Long Beach recently approved the construction
of a Pay N'Play racquetball facility with four indoor courts in
Douglas Park.
One of the problems was selecting the location for the facility
to be built. Many residents were concerned with noise factor
and possible transit problems that may result from the additional
facility. An extensive research into this program was conducted
and these concerns were resolved as followed:
The racquetball courts are completely enclosed; therefore,
residents around the facility should not be able to hear
people playing. If vandalism should occur, the Pay N'Play
company will take responsible action within 24 hours. To
accommodate additional traffic, eight (8) parking stalls will be
provided. Furthermore, the city reduced the proposed number of
courts to four and the lease term to twenty-five (25) years,
plus two (2) consecutive five (5) year options.
According to Henry Zimmerman from the Long Beach Parks and
Recreation Department, this program was approved because it was
able to provide the city with a new racquetball facility at the
time of need and at no expense to the city. The city is not looking
to profit from this program; though the city will be receiving some
revenue, it will not be very much ($2,400.00 per year). The park
improvements recieved are basically the four indoor racquetball
courts, the shrubs and the sprinklers around the building, and the
eight parking stalls.
The lease terms for these cities range from twenty-five years plus
two consecutive five year options to thirty-five years plus two
consecutive ten year options.
SUMMARY: Essentially, this is a business which aims to profit; however,
it is a xray for city to generated revenue and a way for the city
to provide their community an additional park and recreation
facility at no cost to the city. Such a program shall allow the
city to provide an wider variety of public recreation facilities in
the parks for their citizens at a reasonable cost. This program
shall promote the health and recreational enjoyment to the public.
CONCLUSION: Pay N'Play Racquetball is a new and innovative idea as
opposed to joining clubs and paying for their extraordinary
fees. Most cities seems to enjoy the program and the
benefits this program has given to the cities.
RECOMMENDATIONS: Should the City decide to approve this program, several
factors are recommended by the staff for the city to
considered:
1. Vandalism - will the doors of the courts be locked
at all times? How will the Pay N'Play company
handle grafitti and any vandalism that incurs?
.2. Hours of operation - in researching this report,
it has been noticed that some cities are operating
their courts on a 24 hour schedule despite Khat is
written in the contract.
'i
3. Location - comments from the residents of Diamond
Bar should be assessed.
4. Park Improvements - what are the park improvements
the city will recieve?
5. Hang outs - the City should take disorderly conducts
such as drinking and drug use into consideration.
Staff further recommend the City to reduce the proposed
number of courts. It has been suggested that five (5)
courts would be ideal. It would be beneficial for the City
to assess the need and desires from the citizens.
However, Carl J. Peterson Park is currently under
construction and will not be completed until April 1990.
Until this date, it is recommended that all other
proposals be postponed.
Kartchrier �SL Chc>llllct
INCORPORATED
A DEVELOPMENT COMPANY
October 11, 1989
Mr. Robert Van Nort
City Manager
City of Diamond Bar
21660 E. Copley Drive
Suite 100
Diamond Bar, CA 91765
Dear Mr. Van ort:
Submitted for council's consideration is a proposed lease
agreement to develop a public racquetball facility at Sylven
Glen Park in the community of Diamond Bar.
The facility will be approximately 6,900 square feet and contains
seven regulation courts. Also included is a 400 square foot
utility room. We are asking that the facility be on land leased
— from the City of Diamond Bar for a term of 35 years with two ten
year options. The lease rate is 5% of the total annual gross
income prorated monthly and we are willing to provide substantial
park improvements (14 additional parking stalls and 300 square
foot office space for the Department of Parks and Recreation).
Sincerely,
Christophe(W Lancaster
100 South Vincent Avenue, Suite 500 0 West Covina, California 91790 0 (818) 919-3969
LEASE AGREEMENT
This Agreement, entered into this 17th day of October
1989, by and between the City of Diamond Bar, a municipal
corporation (hereinafter the "CITY"), and Diamond Bar Racquetball
Company (hereinafter "TENANT").
RECITALS
WHEREAS, TENANT wishes to lease that certain real
property located in the City of Diamond Bar, County of Los
Angeles, State of California, which is a portion of that real
property commonly known as Carlton J. Peterson Park, owned by the
CITY, located on Sylven Glen Drive (hereinafter the "demised
premises"); and
WHEREAS, CITY desires a racquetball facility at such
location; and
WHEREAS, TENANT wishes to construct and operate for a
term of thirty-five (35) years, plus two (2) consecutive ten (10)
year extensions, at its option, under the same lease terms and
conditions, such a racquetball facility.
NOW, THEREFORE, CITY hereby leases to TENANT, and
TENANT hereby leases from CITY, on the terms and conditions set
forth below, the above-described demised premises, which property
is further described in Exhibit "A", attached hereto and made a
part hereof.
1
1. The Facility: During the term, TENANT shall use
and occupy the demised premises for a racquetball facility. The
facility shall consist of seven (7) indoor racquetball courts,
constructed according to plans and specifications to be approved
by CITY. The facility shall be constructed, operated and
maintained by TENANT, at no expense to CITY, and shall be
designed to promote the health and recreational enjoyment of the
residents of the City of Diamond Bar, provide inexpensive public
recreation, and provide CITY with a reasonable income from gross
receipts derived from the use of the facility. The racquetball
facility and all improvements mentioned herein shall become the
property of CITY upon termination of this lease as provided
below. TENANT may add additional racquetball courts in
accordance with paragraph 6 of this Lease, provided that once the
total number of courts reaches twelve (12) in number, any
addition thereafter may be denied by the CITY on the basis of the
number of courts, which denial shall not be unreasonably made.
2. Term: This lease shall be for an initial term of
thirty-five (35) years, beginning on October 17, 1989, and unless
sooner terminated as hereinafter provided, expiring on October
17, 2024 with an option to TENANT to extend this lease for two
(2) consecutive ten (10) year terms under the same terms,
covenants and conditions herein.
In order to exercise either option to extend this
lease, TENANT must give the CITY written notice of his election
to exercise the option not later than six (6) months prior to the
2
scheduled expiration of the term. Further, TENANT may only
exercise the option to extend the lease if he is not in default
of any provision of this lease at the time the notice of his
election to exercise the option is given to the CITY.
3. Rent:
A. TENANT shall pay to CITY, as rental, starting October,
1993 and each month thereafter, without prior notice
or demand five (5) percent of TENANT's gross annual
receipts for the immediately preceeding calendar year.
The gross annual receipts shall be prorated and paid on
a monthly basis. Within 60 days after the calendar
year 1994 and every calendar year thereafter. TENANT
shall give landlord a statement of the prior calendar
year's gross receipts, and a calculation of landlord's
share thereof. If the payments made by TENANT for the
prior calendar year are less than landlord's actual
share, TENANT shall pay the deficiency with the above
mentioned statement. Any over -payment by TENANT shall
be credited against amounts next coming due hereunder.
The same procedure shall be followed each year during
the initial lease term and any extension thereafter.
Notwithstanding the above, in the final year in which
this lease terminates even though the term has expired
and TENANT has vacated the premises when the
3
determination of the final year's gross receipts
is made any deficiency shall be immediately paid by
TENANT and, conversely, any over -payment shall
immediately be rebated by landlord.
B. TENANT's gross annual receipts shall include all
receipts received by TENANT for any and all uses of the
demised premises, but shall not include any sales or
— entertainment tax imposed by any governmental entity
and separately stated and separately collected by
— TENANT from patrons. No license, business or income
fee or tax shall not be deducted from gross annual
receipts.
C. In the event that the facility is reclassified under
the CITY's business license tax ordinance after the
effective date of this lease and as a result of the
reclassification TENANT is required to pay a higher
business license tax (the "post -reclassification tax")
than it would have been required to pay if the
reclassification had not occurred (the "pre -
reclassification tax"), TENANT may withhold from the
monthly rent an amount equal to the difference between
the post -reclassification tax and the pre -
reclassification tax.
D. TENANT shall keep true and complete records and
accounts of all financial transactions incident to
4
TENANT's use of the demised premises and shall give
CITY access, during reasonable hours, to such records
and accounts.
4. Approval of Condition of Premises: TENANT hereby
acknowledges that he has inspected the demised premises prior to
the execution of this lease, and hereby approves of its
condition.
5. Construction:
A. TENANT shall prepare, at TENANT's sole expense, all
~ plans and specifications relating to the construction
of the facility and any other improvements to be made
on the premises, including landscaping and parking.
B. Prior to the commencement of any construction under
this lease, TENANT shall obtain CITY's written approval
of the plans and specifications and shall apply for,
— obtain and fully comply with, at TENANT's sole expense,
all permits and approvals required by CITY and by all
other governmental entities.
C. TENANT shall construct and pay the costs of
construction of the facility and all other
improvements, including, but not limited to, the cost
of all plans, specifications, insurance, bonds, labor
and materials. Additionally, any and all contracts
entered into by TENANT relating to the facility or any
other improvements shall contain the following clause:
5
"This agreement shall in no way bind the CITY OF
DIAMOND BAR, its officers, agents or employees, and
under no circumstances shall the CITY OF DIAMOND BAR
or any of its officers, agents or employees be
obligated for any costs or expenses whatsoever under
this agreement, or which are in any manner connected
with the subject matter of this agreement.
D. TENANT shall promptly pay all bills incurred by him for
all work related to the construction and maintenance of
the facility and any other improvements, so that no
mechanic's, materialmen's or laborer's lien shall
attach to the demised premises, or any improvement
thereon, and TENANT shall indemnify, defend and hold
harmless the CITY and the demised premises and all
improvements thereon from any such lien and all costs
and expenses arising therefrom. TENANT shall maintain
at all times during construction of the facility a bond
under the California Civil Code to ensure the demised
premises and every improvement thereon from the effect
of such lien, and shall provide CITY with evidence of
the same prior to commencement of construction.
E. TENANT shall be entitled to place a CITY approved sign
on Golden Springs Drive to advertise the existence and
—
location of the facility. Such sign shall comply with
the applicable provisions of the Diamond Bar Municipal
Code, and the costs connected with such sign shall be
M
paid by TENANT.
F. TENANT shall cause construction of the facility to be
commenced within one hundred eighty (180) days after
commencement of the term of this lease and diligently
complete such construction in accordance with all
applicable governmental laws, ordinances, rules and
regulations. TENANT covenants that the facility shall
be completed not later than nine (9) months from the
commencement of the term of this lease. The time for
completion shall be extended for so long as TENANT is
prevented from completing the construction because of
— delay caused by acts of God, shortage or unavailability
of necessary materials or supplies or reasonable
substitutes thereof, or other conditions which are
beyond the control of TENANT.
6. Alterations: Following initial construction of
the facility, TENANT shall not make any additions, except as
provided in Paragraph 1 of this lease, or alterations to the
demised premises without CITY's prior written consent, provided
that TENANT is authorized to make minor, nonstructural
alterations without such consent. All additions and alterations
shall remain a part of the demised premises and be surrendered to
CITY with the premises upon expiration or termination of this
lease.
7. Use: TENANT shall use the demised premises for a
— racquetball facility, and for uses reasonably related thereto,
7
including the sale of food and beverages from vending equipment,
and for no other use without the prior written consent of CITY.
TENANT shall at all times operate the facility in a commercially
sound manner and shall employ his best efforts to maximize the
gross receipts. At all times, the demised premises shall be used
in compliance with all applicable governmental ordinances, rules
and regulations. The facility shall be closed between the hours
of 10:30 p.m. and 6:00 a.m. of each day. At all other times the
facility shall be open to the public, subject to any admission
charges and other commercially reasonable and uniformly applied
rules and TENANT shall not discriminate against any person on the
basis of race, creed, religion, color, national origin, age or
sex. TENANT shall use the demised premises so as to cause a
minimum of noise or other inconvenience to the neighborhood
residents, and in this regard, TENANT shall cooperate with CITY
at all times to implement any reasonable recommendations by CITY
with regard to the operations of the facility.
8. Security of Premises: TENANT shall provide, at
TENANT's sole expense, security of the facility to the express
satisfaction of CITY.
9. Inspection: TENANT shall permit CITY and its
agents to enter into and upon the demised premises at all
reasonable times for the purpose of inspecting the same,
including the facility and all other improvements thereon.
10. Maintenance: TENANT, at TENANT's sole expense,
— shall keep and maintain the demised premises, including the
8
facility and all other improvements thereon, in good and sanitary
order, condition, and repair, subject to normal wear and tear,
except for all landscaping on the premises which shall be
maintained by CITY at no cost to TENANT.
11. Utilities: TENANT shall pay for all utilities,
including but not limited to, water, gas, heat, lights,
— (excepting lighting for parking lots), power, telephone service,
and other services utilities including meters supplied by CITY
and utility companies to the demised premises. CITY provided
services shall be granted to TENANT at the same rates as any
other user of such services in the area of demised premises.
12. Property Taxes: TENANT shall pay, before
delinquency, all real and personal property taxes, general and
special assessments and all other fees and charges of every
descriptions assessed or levied against TENANT's interest in the
demised premises, including the facility and all other
improvements thereon, and all taxes, assessments and other fees
and charges that are levied or assessed against TENANT's personal
property installed or located in or on the demised premises
during the term of this lease. On demand by CITY, TENANT shall
furnish CITY with evidence of such payments.
13. Sale or Assignment:
A. TENANT shall not voluntarily assign or encumber his
interest in the demised premises, sell, assign or
encumber his interest in the facility, or sublease all
or any part of the premises or facility without first
9
according to CITY the right of first refusal to meet
any bona fide offer on the terms and conditions of such
offer. On the failure of CITY to meet such bona fide
offer within thirty (30) days after written notice
thereof from TENANT to CITY, TENANT may sell, assign,
encumber or sublease to the third party offeror on the
terms and conditions of the offer, provided that TENANT
has obtained CITY'S prior written consent. CITY shall
not unreasonably withhold its consent.
B. Consent by CITY to assignment of this lease shall
release TENANT from liability for continued performance
— of the terms, covenants and conditions of this lease,
provided that TENANT shall not be released from any
liability or obligation arising before the effective
date of the assignment.
14. Insurance: During the term of this lease, TENANT
shall maintain in force and effect, at TENANT's sole expense, and
shall maintain on file at all times with CITY certificates for,
the following insurance:
A. Fire insurance, with extended coverage endorsements in
— common use for commercial structures, including but not
limited to, coverage for damage caused by vandalism and
malicious mischief, on the facility and other
improvements and on all personal property connected
therewith. Coverage shall be in an amount equal to at
least ninety (90) per cent of the full insurable value
10
of the facility and other improvements. If any dispute
arises as to whether the amount complies with this
coverage requirement, CITY may request, not more than
-- once every twelve (12) months, that the carrier of the
insurance then in force determine the full insurable
value, and the resulting determination shall be
conclusive between the parties for the purposes of this
lease. Proceeds of any fire insurance shall be used by
TENANT for the repair, reconstruction or replacement of
any damages insured against, provided that if TENANT
makes an election not to repair or reconstruct pursuant
to Paragraph 15 of this lease, the proceeds shall be
payable to CITY.
B. Public liability and property damage insurance in such
amounts as may reasonably be required by CITY. The
initial policy limit shall be for not less than five
hundred thousand dollars ($500,000.00) for death of
bodily injury to one person, one million dollars
($1,000,000.00) for death or bodily injury to more than
one person, and property damage of not less than three
hundred thousand dollars ($300,000.00). At any time,
the CITY may change the required policy limits by
giving TENANT not less than forty-five (45) days prior
written notice of the new liability limits. All public
liability and property damage insurance shall ensure
performance by TENANT of the indemnity provisions of
— Paragraph 17 of this lease and both TENANT and CITY
11
shall be named as co-insured.
C. All insurance required by this lease shall be carried
only with responsible insurance companies licensed to
do business in the State of California. Each such
policy shall be non -assessable and shall bear an
endorsement or have a rider attached whereby it is
provided that the policy shall not expire or be
canceled or materially changed for any reason
whatsoever without not less than thirty (30) days prior
written notice to CITY, by registered mail, postage
prepaid, return receipt requested.
15. Damage or Destruction: If during the term of this
lease the facility shall be partially damaged or destroyed by
fire or other hazard, contingency, casualty, including but not
limited to earthquake, or other cause or risk, including any
destruction required by any authorized public authority, and
excluding any damage or destruction resulting from TENANT's act,
_ use or occupancy, or if the facility or other permanent
improvement is declared unsafe or unfit for occupancy by any
authorized public authority for any reason other than TENANT's
act, use or occupancy, and whether or not such destruction or
damage is covered by insurance, this lease shall terminate.
Notwithstanding the above, TENANT may elect to repair or
reconstruct the facility, at TENANT's sole expense, in which
event this lease shall not terminate. If by election or
otherwise, TENANT repairs or reconstructs the facility, the
12
insurance payable as a result of the damage or destruction shall
be applied to the cost of repair or reconstruction.
16. Bankruptcy by TENANT: CITY shall have the right,
notwithstanding any other provision of this lease, to terminate
this lease, at its option and without prejudice to any other
remedy to which it may be entitled at law, in equity or under
this lease, immediately upon service of written notice of
termination on TENANT by CITY, if TENANT should: (i) be adjudged
a bankrupt; (ii) become insolvent or have a receiver of its
assets or property appointed because of insolvency; (iii) make a
general assignment to the benefit of any creditor; (iv) suffer
any judgment against it to remain unsatisfied or unbonded of
record for thirty (30) days or longer; or (v) institute or suffer
to be instituted any procedure for reorganization or
rearrangement of his affairs.
17. Indemnification: TENANT shall indemnify, defend
and hold harmless CITY from any claim, action, suit, loss,
liability or expense, including reasonable attorney's fees, court
costs and necessary disbursements, for any damage whatsoever,
— including but not limited to, bodily injury, death or injury to
property, proximately resulting from any act or omission of
TENANT, its officers, employees, agents, or contractors arising
out of, or in any way connected with, the performance of this
lease or any breach thereof.
18. Termination of Lease:
A. In the event of any of the following defaults by
13
TENANT, CITY may, at its option, terminate this lease:
(1) The failure of TENANT to pay rent or make any
other payment required to be made by TENANT under this lease,
provided that TENANT has not cured such default within thirty
(30) days after written notice thereof by CITY to TENANT.
(2) The failure of TENANT to observe or perform any
other term, covenant or condition of this lease which is to be
performed by TENANT, provided that TENANT has not cured such
default within thirty (30) days after written notice thereof by
CITY to TENANT.
B. TENANT may terminate this lease under any of the
following conditions, upon thirty (30) days prior
written notice to CITY:
(1) Upon damage or destruction of the facility,
pursuant to Paragraph 15 of this lease. Prior to termination,
TENANT shall return the demised premises to its original state
immediately preceeding initial construction, at TENANT's sole
expense, unless within twenty (20) days prior to termination CITY
— relieves TENANT of this duty, or any part thereof. In such
event, title to any improvements remaining on the demised
premises on the effective date of termination shall then vest in
CITY.
(2) Upon the condemnation of the demised premises or
any part thereof, provided that the remaining portion of the
premises and improvements thereon are rendered unsuitable for
14
TENANT's continued use of the premises. In the event that CITY
is the condemning agency, CITY shall take the entire facility.
(3) At any time during the initial one hundred eighty
(180) days of this lease if: (a) TENANT reasonably determines
that it is unable to obtain financing necessary to permit the
construction and operation of the proposed facility, or (b) if
TENANT is prevented or reasonably hindered in commencing the
construction of the facility by act of God or the elements, labor
reasonable substitutes thereof, or applicable governmental
regulations or restrictions.
C. In the event of a default by TENANT permitting CITY to
terminate this lease, CITY shall have the immediate
right of re-entry and may remove all persons and
property from the premises, in addition to all other
rights or remedies CITY may have at law, in equity or
under this lease. Such property may be removed and
stored in a public warehouse or elsewhere at the cost
of, and for the account of, TENANT.
D. Any termination of this lease by either party shall not
relieve TENANT from the payment of any sum that shall
then be due and payable to CITY under this lease or any
claim for damages then or theretofore accruing against
TENANT hereunder. No such termination shall prevent
CITY from enforcing the payment of any such sum or
claim for damages or from recovering damages from
TENANT for any default hereunder by any remedy provided
15
for at law or in equity.
E. All rights and remedies contained in this lease shall
be construed to be cumulative, and none of them shall
-- be exclusive of the other. Each party shall have the
right to pursue any one or all of such rights and
remedies or any other remedy or relief which may be
provided at law or in equity, whether or not stated in
this lease.
19. Holding Over: If TENANT, with CITY's consent,
express or implied, remains in possession of the demised premises
after expiration or termination of this lease, or any extensions
thereof, such possession by TENANT shall be deemed to be a month-
to-month tenancy terminable on thirty (30) days notice given at
any time by either party. All provisions of this lease except
those pertaining to term and option to extend shall apply to the
month-to-month tenancy and provided that the minimum rent for
said tenancy shall be equal to the last yearly rent paid by
TENANT during the term, prorated and paid on a monthly basis.
20. Surrender of Premises: The facility and all other
improvements constructed on the demised premises by TENANT shall
be owned by TENANT during the term. On expiration or termination
of this lease, TENANT shall surrender to CITY the demised
premises, including the facility and all other improvements
thereon, in good condition, reasonable wear and tear excepted,
whose title shall then vest in CITY. TENANT shall remove his
personal property within a reasonable time thereafter.
16
21. No Partnership: Nothing contained in this lease
shall be deemed, construed or represented by CITY or TENANT or by
any third person to create the relationship of principal or
agent, or of a partnership, or of a joint venture, or of any
other association of any kind or nature between CITY and TENANT.
Nor shall any act or acts of either CITY or TENANT be deemed to
be any relationship between CITY and TENANT other than that of
lessor and lessee.
22. Waiver of Breach: The waiver by CITY or TENANT of
— any breach of the other party of any term, covenant, or condition
contained in this lease shall not be deemed to be a waiver of any
continuing or subsequent breach of the same or any other term,
covenant, or condition.
23. Entire Agreement: This lease contains the entire
agreement of the parties and supersedes all prior negotiations or
understandings, whether written or oral. This agreement may only
be amended or modified by a writing, executed by both parties.
24. Interpretation of Lease: Should construction of
this lease be necessary, it is deemed that this lease was
prepared by each of the parties hereto jointly and equally, and
shall not be interpreted against any party on the ground that the
party drafted the lease or caused it to be prepared.
25. Severance: If any term, covenant or condition of
this lease is held by a court of competent jurisdiction to be
invalid, void or unenforceable, the remainder of this lease shall
17
remain in full force and effect and shall in no way be affected,
impaired or invalidated.
26. Attorneys Fees: In the event any action, suit or
proceeding is brought for the enforcement of, or the declaration
of rights pursuant to, this lease or as a result of any alleged
breach of any provision of this lease, the prevailing party shall
be entitled to recover its costs and expenses, including
reasonable attorney's fees, from the losing party, and any
judgment or decree rendered in such a proceeding shall include an
award thereof.
27. Notices: All notices permitted or required under
this lease shall be in writing, and shall be delivered to the
applicable party specified below, or at such other address as the
respective party may approve and provide in writing for this
purpose:
CITY: City of Diamond Bar
21660 E. Copley Drive, Suite 100
Diamond Bar, CA 91765
Attn: Director of Parks and
Recreation
TENANT: Diamond Bar Racquetball Company
c/o Kartchner & Chollet Inc.
100 South Vincent Avenue
Suite 500
West Covina, CA 91790
Attn: Richard A. Kartchner
Such notice shall be deemed made when personally delivered or
when mailed, 48 hours after deposit in the United States mail,
registered or certified postage prepaid, and addressed to the
M
party as provided above.
28. Reference to Term and Facility: All references to
the term of this lease shall include every extension thereof.
All references to the facility shall include every addition or
alteration thereto.
29• Time of Essence: Time is of the essence of each
and every provision of this lease.
30. Captions. The captions and headings of the
various paragraphs of this lease are for convenience only.
19
IN WITNESS WHEREOF, this agreement has been duly
executed in duplicate originals on the date first above written.
CITY OF DIAMOND BAR DIAMOND BAR RACQUETBALL COMPANY
By
Mayor
Attest
City Clerk
Approved as to form:
City Attorney
20
By
Richard A. Kartchner
Kartchner & Chollet Inc.
Jonathan D. Chollet
Kartchner & Chollet Inc.
PHYLLIS PAPEN
Maya
PAUL V. HORC 4ER
Maya Pro Tam
GARY MILLER
GARY WERNER
JOHN FORBING
Coundhnanbers
ROBERT L. VAN NORT
City Manapr
CITY OF DIAMOND BAR
21660 E. COPLEY DRIVE, SUITE 330
DIAMOND BAR, CA 91765
714860 -CITY 714860-2489
October 17, 1989
TO: Phyllis Papen, Mayor
Paul Borchert Mayor Pro -Tem
John Forbing, Councilman
Gary Miller, Councilman
Gary We r, Councilman
�
� • '
FROM: n GntNein, AICP
Acting Planning Director
SUBJECT: CONDITIONAL USE PERMIT #88269-(1) AMID
PARCEL MAP #19997 AND RELATED
ENVIRONMENTAL ASSESSMENT
Pursuant to the request of City Manager, Robert van Nort,
the following information is being provided on Project
No. 88296 located within unincorporated Los Angeles
County.
The Los Angeles County Regional Planning Commission will
conduct a public hearing on requests for a parcel map
and a conditional use permit to develop a business park
on 30.2 acres located southerly of Brea Canyon Cutoff and
westerly of the Orange Freeway in unincorporated
territory adjacent to the City of Diamond Bar. The
subject property is located within the MPD (Manufacturing
Planned Development) Zone of the San Jose Zoned District.
The project involves a request to develop office
buildings and a restaurant in the MPD zone and parking
in the OS zone. The parcel map associated with the
project is to create five building lots and four open
space lots plus a remainder parcel.
The project's components consist of five two-story office
buildings totaling 421,536 square feet plus a 10,000
square foot restaurant. Office parking will be at a
ratio of one space per 250 square feet of building floor
area. In addition, a freeway oriented project sign is
being proposed.
Diamond Bar City Council
October 176 1989
Page Two
The County has made an environmental assessment of the
project and determined that a negative declaration would
be appropriate with mitigation of traffic and visual
impacts required.
The major issues associated with the project relate to
grading, biota, traffic, water quality and visual. Each
of these concerns has been considered and appropriately
mitigated. (See attached environmental evaluation.)
In conclusion, based on the attached initial study and
conditions, it is my determination that the project will
not have a significant effect on the environment if all
mitigation measures are implemented; especially those
traffic measures noted in the August 29, 1989 letter from
the Los Angeles County Department of Public Works.
Attachment
JRG:js/cup&pm.cmm
1. DPSCRZP'PION: Conditional Use Permit and revised paroel map fon the
development of a business park with office buildings and
a restaurant. Five (5) inial parcelso san9in9 in
sire fam 1.5 to 8.5 acres and four (4) apsa space lots,
ranging In size from 0.1 to 2.3 acres.
2. Southeast of Was Canyon cut-off • south of the terminus of
Pallarfield Drive.
�. :
Williamson i Mudd PM
17782 Sky PM* Blvd.
Irvine• Ch 92114
Attn: Aobas'I Bandstt m
4. >!IIIDIBIS CW RD SI NV=
acro, i Sans
950 N. Tustin Ave.
ArAbsia. a1 92907
R LSSD CM 'lBl: ATVMD I1DtTM 9TWY SSD CCtIDI' M(8)
(IF APBLICMX), IT BIS BSS am 2w 2w P1O►78<'1S
wu WCT BAYz ASI rlCNff !�lBLT '�% ►�M•
Pt9r?AR� BI: Julie Cook, RPA II
• 1nenxdt 18. 1989
--W-- • -- --
Williamson & Schmid
17782 Sky Park blvd.
Irvine, CA 92714
Attn: Robert B=Utrcm
**Page One of two
&ft AA@WW C&Pft
IMWOKU v6#AW a
•
aWrna pOti
JMMt E MM. AIC►
`q
r 88296 / PH 19997 00
MW Deparb ant of Regional planning staff has determined that the follming
l Conditions or changes in the project are necessary in order to samwe that
there will be no substantial evidence that the pcnpoeed project say have a Signi-
ficant affect an the snvirarvients
- Briar to alteration of any streambeds, and as a means of mitigating potential enviramental
lopects, the applicant shall enterintoan agremaent with California te
Fish & Game, pursuant Sectiana 1601 through 1603 of the State Fishh& �
Game Code. of
- As a leans of mitigating potential anvirasnantal impacts, the applicant shall agree to sus --
pond construction in the vicinity of a cultural resource ecraauntered during developoenI
of the site, ane leave the resource in place until a qualified arcltaeologiat can examine them
and determine sp;—S-iate mitigtion measures. 3lie applicant shall agree to comply with
>tittigaticn meastres reooamendeA by the archaeologist and app"wed by the Department of Re9-
ional Planning.
She applicant shall not destroy, smvve, trim or otherwise disturb any oak tree on: the area
within its dripline without first obtaining an Oak Srse Permit from the Department of
Regional Planning as well as follow the r or i o entdations an pga. 7-8 of the Oak Spee Report
dated July 13, 1964, prepared by Swiccm Corp.
- Before any discharge of dredged ac fill material into vsten:s of the Q.s. , cc if the Project
may affect an enaangerad specie, the applicant my be required to anbnit a Dept. of Anmy Permit
Section 404 Clean hater Act, see 103 Marine Protection, Research and Sanctaries Act to the
AtW fps of EngiEnears, Loa Angeles District Branch.
At/ the applicant, I agree to Inoocpoacs s these d+arg"I=nditions Into /y
prOj��ecctt• an+d mderstand that the W-11ISJOWing and ooneideration by the
9egioeml
Planning Oonmtiiasian will�he WOjest as dna --WV eeditlaesd'
i
Arciezo i sans, 950 Sustin Ave., Andaft, CA 92807
tb response received within 15 days. an►irocmaanntal neterMinatioen MFires
that these danges/oanditians be Included in project.
u
_ August 7. 1989
i +M aww au+r
Williamson i Simms) ago wrr Twt,b s..•+
Page 2ti00 t
t
am" E 11rib. ACP
3004 Pwwr 0.evis .
**page tWO Of two _
SSM , P14 19997 WC)
'fie Department of Regional platming Staff has determined that the following
O ditions or dsanges in the projest we necessary in ardor to assure that
there vill be no substantial avidsnc a that the proposed project my have a si9ni-
tirant affect an the enviraraunts
shoe applicant shall follow the r 1 It tuna of Public docks regarding traffic mitigation
measures dated 12-2-8 and in their chackliat dated 10-28-86.
- she applicant shall follow the reoossmmndntians of the California Regional hater Quality
Control board as detailed in their latter dated Jtme 20. 19A9•
- she applicant shall follov the r - r o- sdntions describes on page 13 in the visual Analysis
dated March 31. 1989 prepared by llidwwl Wanften Associates, Inc.
A• the applicant• I spw to lnvocpmu !hese that"/ooaditiaas Into ty
. pr+oject• and =derstan0 that the pnblie in and oansideratian by the
wegianal planning a moiariln vill be pmjeet aS ehangsd/aoeditianed.
Pool
SantMaw
Ar+ciavo i Boas, 950 15ustin Ave., Anobaia, G 92807
J91b swpae»e received within is dtys. A—FIvisono41*41 neterminatian !aqui"
that these dmanges/oonditians be included to project.
t0
4
t
C
C
aajor projects in area:
Proiect Numbers Description
WTE: For EIR's, above projects ars not sufficient for emulative analysis.
sesponsible Agencies
LF mane
Regional water Quality
Control Hoard
JY,1,os Angeles Region
L7 Iahontan Region
rJ Coastal Comoission
L7
Trustee Agencies
Ag a"
state Fish and Came
a state Parisi
FMIIIWM AGWIES
Spacial Reviewing Agencies
L7 !tons
L7 Topuva-Las virgenes
Conservation District
,.Ai
Ag
L7
L7
UOO
.0, A ung rs .
0
Santa Monies Maintains
Conservancy
National Parks
Rational Forest _
Regional Significance
L7 None
a W -W Criteria
Air Quality
LFOOOOWater Resources
L7 Santa Monica Mtns
Area
Edwards Air Force Hasa
C.o. RsyC. d ftL
SG++
Goat.-�Ya.�►��
��o ICuJ�y �at.krter
- a-
_.Major projects in areas
NOTE: For EIR's, above projects are not sufficient for emulative analysis.
Responsible Agencies
L7 None
Z' Regional Water Quality
control Hoard
ao"i" Angeles Region
L7 Laltontan Region
coastal emission
L7
Trustee Agencies
Z7 mom
State Fish and Came N
L7 state ParksAym 61
e-Inrl.7s RIM
~
Soacial Reviewing Agencies
L7 Now
Topanga--Las Virgenes
Conservation District
R.
C
Q
a
top
Polo
Santa Monica mountains
Conservancy
National Parks
National Forest
Regional significance
Q sone
Q s`AG criteria
310, Air Quality
LYOOIOWktat Resources
Santa Monica Mtns
Area
Edwards Air Force Bass
Go. RirCs % fte
SGS+
p,•�n�iortil �✓
gu.Ay L&Ltner
- 2-
0
Wag,YST M i
�r'1'Da+iItATIQ[dt of the basis of this Initial , the Oeg+artiosnt of 1�e9ionei Planning finis
ski s project qualifies En the
following Fav zonaental dooumentt
Preliminary EN
AC DItm►TZNt p ►TiOtt, inas�h as the Itopoeed project .rill not bave s
a 1ca5t aeon the oavi:oaoat.
►TM pCT,lUtl► 1m, ineseeud� as the d�arge: =egvired for the project
VI-1,z@dwe mew" to insi9nitiea0t I&OU (ses'aw&tions•. Page 1).
11oH4aT17►L "AM REP= IMMAch as there is substantial widows
27 tr&tt VW pco ect say w a sigrAlicant ls�et to tsetors listed
abM as asigUMMeo
27 setaasination appealed—see attar *A*t'.
*Niroen■ntel Tindirg ptepative W.1watioos) s
fb7an initial study ties prVered an this project in Calplionoe with the auto Cwh
031delines aed the envisomentinl sepostiap prorsMes of the Oasity of Los Ageles.
it Mas detemained that thio project will got asmad the estsbusbed threshold eri-
teria Cos my owl -,re ital/sesviae tattog aad, as a srssit• Will tot bave a sig i–
tiwt affect on lige Avlas eeerisseaont.
an Initial study tips praparsd oe leis pcarjact in aa�piianae witb the stats Gtpu
s�SG Oaidalirras ar�d the anvisoIm 'I tel z ed iR�'ses of the Oo�ty of Los L-geles.
est o:am d estaUlshad dwss-
tt ties erspinai eet�aairnd that �� pc°3 may so that it
Cold csitarla. applimnt Las spread to siaaiu`s ::ice ido Wirth ttiet an the
eon am be detesar that the project rill got be
physical swig Ft. The madificat3 t tbii �e th sst�y. �q i• Identified ea
- the hx%PtWAW Z&ttac laelts�d pert at
=Z8 Zindings he awisoeeasntal aspect Deports Will be prapssod as a ssparata doement
Couotidng the p*Ue bsarieg eo !be projoet. .
leeism.a d bpbabes -5
00340 n ayv I
O
A17 prior to 1 1 soaardetiam at "a rim, mop t 1 ism mm at a 6a13di" permit ace as a •wean
of sdti*tient Potaatial emriteso M63 fmpeuo, it not M donwousted to the satisfaction
of the .setiwal Planning Cnsiasiaa an argot Was- - Iilsm vomits
l)aam be OiseAri KIWO �
t 1 events lanitatiaa District Opo. 1 1 Las tirtshes
ppal socaessor tiat noes tM re" ri�iseas t tM Gai"ada Mloma Rota Oftliv Ostrel
leave puseaac to sivisise ! of wo uster Csds.
7000!" to alteration stow aftessbeds" me on a saws at sitilating potestial enairaiarteal
Aspects, tM appliaamt O"2 ,00M sate an ate I I With the California Rate borwaest of
PLM use Ree, laraeant to Sections UU th"00 UN i the Ruts ft".Me Ona CWk'
Q Peier tot 1 tasstatiw spPcwat t 1 sdatiuliag bWWO 00 9IMI t ��� S- sdaftli" e-wirar l lwo�
the animal Phoning a maission, aid as a new i sdrtiostimg ire prejeac site Wow
poets, UA applicant dwdl submit an asehaealatY f4"It ttl+Me
seherWise setae) Propated by a Wsalitied arMseelatist. ad easplY With sitiptian •assures
seltested ip tM ardiaealotist and angrad !7 do meet st l�sgleual Plaeniat.
a scans sf sititatia! gbtantiai savisoaes++tal
fslects. the applieaet doll atrae to a pard owaLnictima in iM vicinity of a ealtutal
seamree socountaed Outing daelvI 1 at the sit, and Sam tM resource is Pian until
s geelified arcMeoletist cam asamim tbM dad detarsin appraitiate sitivuen measures.
se applicant shall spree to N P27 With sitiletia seassres rooammude0 by the stdmmlo-
list and approved by tie Sopartseat at Nola" !lamins.
17 As a owditioo Of t 1. tical spprewl 1 1 the want
1 1 sWre+el e! tba aaaing wdiaate,
and as a rens at mititatist Potsatiai pKrpaoreal lopets, the Wpiieest shall deeiau
to the CM%7 of Los Mteles, 1 1 tine right to trebibit esistruction war m area dmrcated
an the 1 1 tentative sup 1 1 Piot Plan. / 1 oautMetiaiet Of Not* tIAn OW i SWOMM a'
aw on the Project to
dal mit
rrane related accessary baildinp .mor
thio effect shall be t 1 P� an Elul mmP Kan Ow Grant Mi'at t 1 taswded m tM title
prior to 1 1 tentative spprwOl 1 1 twordetion at tie final sop / 1 sehmduliag brdore the
=owing mud t 1 scheduling before tM 1lotiane2 PlOming Casission, ad as a sagas at
siciyetist potential eavi a nenuel isp pts, the spplicsnt Meal drill aid test flaw a
weilta, to the sotislan:tion at tM napertasnt at Pabiie UUM/lnlsaeaiM difisisn• A
uas*ning rte stall be 1 1 Plate an an Rump so and In the CCans 1 1 teoerema an the
title, i,dieoting that the area bus a lisited jrojnewatet S WIF ad shut later MY est be
swilable &Zuq periods of severe drouva. A OW at tM i 1 CCilks shall be submitted to
the ppartsennt at stenosal Planning as w01� ! r� � ��� final we e 1 title
"I be admitted to the Rpart� �
1_7 As • Maditim me 1 1 final sWreval 1 1 tbO Prat t 1 aWrwai at the snit ase
otdiee, and
ws
on a weans of mitiloting potential eaviraeatal iwpoets, • weraing erste Mali / 1 a pleeed
In the CCilts ( 1 rscord d as the title, Indicating that tM Orr has a lisitsd groan tar
supply during parietis of sown /reu*t. A am at tM 1 1 CCaits aball be submitted to the
Sspertment at Ibgionsl !laming for spproval and whosquently recorded with the tical MD
I 1 title don be admitted to the sspertaont at lagiaaai plasmal Or apprawal.
VPrior to taootdstiea of the final sap, t e addivider Ball 10 rmdv d to enter Lento an
agreement With the Comaty to P" to the County a ansr sot to on, $10"0•00 par residential
unit, and out to be leas than $2,000.00 par tosidential mit for the purpose at eantttboting
to the proposed Pond awdit dlatriet prier to eecvponeY or spam id at p ywt by the
COMM Comissi� 1w a qtr �lsawilr of said &resent Mull be planta d
by the tuing
Prier sdne@uling for public bsstiap, ad r a suns of litigating any saviremseatal impacts
is the
to amlY With to dstiar distance of tjw of the a- 3 IFWiater and flta V Sureat fire rdsa. �liamnt shall
epeeThe a v1i Ct vt 1'10t' dp5t1�Y, Krht t✓t.Va+ O ✓
>3 A. s.e.a for additional ProSeet/Chwq /Cbsditicmm -
pRojE= CKANXZ:S/CONDITIUNS
(continued from Page 4)
31crore =V d1sebsige or dredged or rill anterial Into
waters or tb* V.S. or 19 theprojectlug strIoct an
endangered "Los the Rpmu mq be required to
mamubmit a Do . or Permit Bectice 404 Mean Water
act, see ifiarime Protection, ftsoarcb and Sanctuaries
Act to the AnW Oorps. at Ragin"re &.A. District ft*asbe—
L7
L7
3XVIRONMENTAL &NAL?SIS
2.0 Naxard Factors
1:1 Geotechnical
! M
Ike Is the project site located in an active or potentially
attire fault sone?
MODERATE 6RDUND RESPONSE
b. ❑ 13 Is the project site located in an area containing a major
landslidets)?
c. �n is the project site located in an ansa having high slops
Instability?
MDSTLJ UNSTABLE 1NRH 1416H POT 4nAl. POR MASS MOV nEW.�
?'pRT�ONS
d. L](3 Is the project site subject to high subsidences bigb
groundwater level, or hydrocompaction?
e. Is the proposed project considered a sensitive use
(school# hospital, public assembly site) located in
close proximity to a significant geotechnical basard?
M1000tbes factors?
MITZ"TION lIEASDtZSs
standard mitigation "sour" ares �niiding Ordinance 110. 2Z2S»
Sections 1083, Sol, 110 and
311 and Chapters 39 and 70e
other considerations: ❑ Lot xis. Ur >rrojeet "8190
M�
MM I" M GLEAL D
C0NCLUSI03s .
Considering the above information, could the, project bows a
significant impact on, or be impacted >ty, eotecbnical factors?
13 Too so
. •s
1.2 flood
SETTIVG/IKPACTS:
a.E3 is a major drainage course, as identified on USGS
quad sheets by a dashed line, locatsd on the project
site?
aLUELINE ST$ZEAM8Q
b. ❑ 13 Is the project site located within or does it contain
a lloodway at floodplain?
Co ❑ ff Is the project site located in or subject to high
mudflow conditions?
d. ❑ ❑ Will the project contribute, or be subject to, high
erosion and debris deposition from run-off?
UNK �DWA!
e. ❑ (30" Other factors?
MITIGATION KEASURESt
Standard mitigation measures are:
❑ Building Ordinance No. 2225 --Section 201A
[] Flood Control District 'Drainage Concept
❑ Ordinance No. 12,114 (Floodways)
Other considerationst ❑ Lot Size 13 Project 'Design
CONCLUSION:
Considering the above information, could the project have a
significant impact on, of be impacted by, flood (hydrological)
tactors?
❑ Too
I
6
a-Ve
-.r
SETTING/IMPACTS
is the project site located in a high fire hazard
area a one or Quinton/Redgate fire
classi ea
213 Tire
b. ❑ M Is the project site in a high fire hazard area and
served by nadequate access due to length, width,
• surface material, turnarounds, or trade?
e: 0 1Z Is the project site in a high fire hazard area and
has more than 75 dwelling units on a single access?
is the project site located 3n an area having
inadequate water and pressure to seat fire flow
standards?
�.Is the project site located in Close proximity to
❑ potential dangerous fire hazard conditions/uses (such
as refineries, flammables, explosives Manufacturing)?
f. ❑ ff noes the proposed use constitute a potentially
dangerous fire hazard condition/ase?
g. 13 Z Other !actors?
MITIGATION MtUSORES$
f:andard mitigation measures ares - a lite Ordinance no. 2947
=j Mates ordinance No. 7934 sire *zevention Manual
Regulation Noo 12
other considerations$ a Rroieet Design
C0NCLOS ION $
Considering the above informatiOn, -Could the project have a
significant impact on, or be impacted by, fire hazard factors?
❑ Tea d No
1.4 Noise
SZTT ING/IKPACTi
a. r3 ❑
is the project site located nems s high noise source
(airports,, sailsoads, e�va industry)?_
b. [Qo' ❑ Mill the project substantial) iucresse ambient noise
levels, including those associated with special
equipment (such as air conditioning units) or parking
areas associated with the project?
Ce ❑ QT is the proposed use considered sensitive (school,
hospital, senior citizen facility)?
d. ❑ Eff" Other factors?
MITIGATION MZASGaZS!
Standard mitigation -measures are: ❑ Building Ordinance No. 222S --
Chapter IS
❑ Noise Ordinance No. 11,778
Other considerations: ❑ Lot Size Q Project Design
13 Compatible Use
KIMSS WEPZeT® —LBM I1=0 DA -r= /6-12 -B 7
COVCLUSIONSs
Considering the above information, could the project have a
significant impact on, or be adversely impacted by, noise?
❑ Yes d Mo
6
2.0 Natural Resources
2.1 Vater Quality
SETTING/IMPACT:
? 11
a, ❑ IT will the proposed project require the use of a
_.._ private sewage disposal system?
It the •i�swez is yes, is the project site located to
E3 II an area having known septic tank limitations due to
high rounawater or other geotecbnical limitations?
_ N�A
D is the project proposing on-site systems located in
close roximity to a drainage Course?
1J �A
-- b, 00 Will the proposed project place industrial waste --- -
(corrosive or toxic materials) into a private sewage
disposal system or a community system?
C. [300' is the project site located in an area having known
water quality problems and proposing the use of
Individual water wells?
d. D d Other factors?
HI?IGATIOU WASMS:
standard mitigation measures ares
=j Plumbing Code --Ordinance
No. 2269
E3 Health Ordinance industrial waste permit
No. 7563 --Chapter S
Other considerations: i] Lot iise D Lot Design
CONMOS IONS:
Considering the above io o�a� nett br• the !_ project
yve a
probl®sT
significant impact on, pa
=j res
2.2 Air Quality
SZTTIVG/IKPACTt _
41. 0 U hill:the proposed project exceed the States criteria
for regional significance (generally to) 500 dwelling
- units for rest ential ries or (b) 40 gross acres,
�quaro eet o or 1.000 employees
b. E3 0 Is the proposal considered a sensitive use (schools,
hospitals, parks) and located near a freeway at heavy
Industrial use?
9
will the project increase local emissions to a
significant extent due to increased traffic
congestion or use of a parking structure?
- VNCNDW '
d. ❑ Eff' will the project generate or is the site in close
proximity to sources which create obnoxious odors
and/or hazardous emissions?
0. E32r Other factorss
KITIGATION KZASQSZS9
Standard mitigation measures are: L] Nealth and Safety Code.
Section 40506
Other considerationss Q Project Design ro Quality
management plan
CDJSULTA7109 W.1 MD
t.��l iS'TE�.► I H A-. .. ~n" rr
CONCLUSIONS$
Considering the above Information, 00014 the project have a
significant impact on, or be impacted by, air quality?
13 was . 5( •o
10
�W
SETTING/IMPACTS
�- aIs the project site located within a Significant
-- geological Area or Signifies) geological Area suffer?
NEAR SEAT iS
b. n E3 Does the project site contain a major riparian habitat?
u u r�mwr N
c. E3 [201 Does the project site contain oak or other unique
native trees?
ADJAr 1T SUTW Q3tyTi4 lt�1.S Qt—e -rr--SS
O. 0 E] Other factors?
awn i Cr CMULD MEZI T NEALMX DA►t; Ti�EES
MITIGATION MEASURES2
Other eonsiderationst 13 Lot Sise E3 Project Design
Oak Tree Permit
QlArK IlZgF= Munlifibl. —
p,y� -rte R�'T T 7"t3-94
CONCLUSIONS:
Considering the above information, could the project have a
significant impact on biotic resanrees?
D Tes duo
11
0
3.0 Cultural Rasouzcas/Visual
3.1 llzebaeoiogieal/Historical/Paieontoiogieai
i SZTTIN6/IHPACTS
r
' a. 6Is the project site in or Deas an area containing
souzees or containing
F
t.
b.
ce
d.
known arcbaeo 0
features rain& s CourKwh
spring, knoll, sock out-
croppings, r & seesicb indicate potential
archaeological sensitivity?
Nn V►Jna3J CITES
Q [✓ DOSS the project site contain rock formations
indicating potential paleontological zesources?
❑ [� Does the project site contain known historic
structures of sites?
Other factors? k:2SJD N N 14F�� L- --061C�kt S ITS
�or++-E WEST -WEST -
MITIGATION MSASURSSs
Other considerationss ❑ Lot Size ❑ 'Project Design
CONCLUSIONS&
Considering the above information, could the project have a
significant impact on archaeological, historical, or paleontological
resources?
3.2 visual Qualities
SETTING/IMPACTSs
U
a. E3 Is the project site substantially visible from at
will it abstract views along a scenic highway (as
_- shown on the Scenic 8ighwey Zlement) or locate6
withii i'scenic corridor?
y1G) FtDM -rms UaNIC 0Q�eN6E FW Y.
it I C
b. 0'0 Ej Ii the project substantially visible from or will it
obstruct
pew�
�viewsfr�ire ional siding or biking trail?
S ICY w N£ NXT • • RDM,A40 MTS -
C.
TSe. ❑ a Is the project site located in an Undeveloped or undis-
turbed area which contains Unique aesthetic features?
d. tM ❑ is the proposed Use out -of -character in comparison to
• adjacent uses because of height# bulk, or other
features?
e. ❑ EH0000,will the project obstruct Unique views from surrounding
residential uses?
f. ❑ �J
Will the project create substantial sun shadow oz
glaze problems?
Utir��v�t�
q. ❑ d Other factorst
MITIGATION MEASURES
considerations: Lot Sise Lot Design
Other e ❑
_] Compatible Ose
CONCLOSIOYs
Considering the above iaforsation. 90916 the project have a
significant impact on scenic qualities.
❑ Tea ET so
•
13
MITIGATION MZASOYZSS
Other considerations:J � L� i Pro e 5 * srll'iT®
-si
r RA rr &PT DRT�
CONCLUSIONS
Considering the above information, could the project havi a
significant impact on the physical environment due to
traffic/access?
Q Teo E3 No
14
4.0 Services
t
Traffic/ACcess
SSTTING/IKPACTSs
T
•
Does the project contain 25 dwelling units, or more
and located in an area witb known congestion problems
t
(aid -block os intersections)?
t
b.
12r
Q
will the project result in any hazardous traffic
conditions?
M4.1DR 'Mi? 6E�1 TOR
_
c.
Q
Q
Will the project result to parking problems with a
subsequent impact on traffic?
d.
During an emergency (other than fire hazards), will
Inadequate access result in problems for emergency
vehicles or residents/employees in the area?
e.
Q-
Other .factors? tA4J01t BUSIN/1KJbL3STs 1AU US£
MITIGATION MZASOYZSS
Other considerations:J � L� i Pro e 5 * srll'iT®
-si
r RA rr &PT DRT�
CONCLUSIONS
Considering the above information, could the project havi a
significant impact on the physical environment due to
traffic/access?
Q Teo E3 No
14
F 4.2 Sewage Disposal
SETTINGAMPACTS8
T N
-
is D If served by a community sewage system, are there
any known capacity problems at the treatment plant?
b. C] 12' Dre there any known capacity problems in the &ewes
lines serving the Project site?
'-
C. 00 other factors?
MITIGATION KUSGSZSS
t Standard mitigation measures ares
E3 Plumbing Code --Ordinance no. 2269
_] sanitary sewers and Industrial waste ordinance so. 6130
other considerations: UPPP Q -
n M � 6`EPD2T 1]�T� at • t - . �
CONCLUSION:
Considering the above information, Could the project have a
significant impact on the physical onviroment due to
sewage disposal facilities?
Q yes �' so
r
is
4.1 Education
SETTING/IMPACT:=
a. Q Q are there known capacity problems at the district
level?
b. D Q Are there known capacity problems at individual
schools which will serve the project site?
N14
c. D Q Ata, there any known student transportation problems?
N JA
d. [3 QT Other factors?
MITIGATION MEASUAESS
other considerationss Ss 201 ffuAds 13 Site Dedication
INflUSTRI/1'L �AAmmau L USB — h/ILL NOT err= SCI -cc
CONCLUSIONS
Considering the above information, could the project have a
significant impact OR the physical environment due to
educational facilities/services?
Q seg 17110
4.4 Tire/Sheriff Services
z
SLTTINC/IMPAC-Ts:
_ = N
s. E;►re there any known staffing or response time
problems at the fire station or sheriff*s substation
z -- serving the project site?
b. El 0� lire there any special fire or law enforcement
problems associated with the project or the geaesal
area?
c. E3 jZ' other factors?
MITIGATION MEASURES:
Other considerations:
CONCLUSION:
Considering the above information. Could the project have s
significant impact on the physical environment due to
fire/sheriff services?
E3 Tea ego
27
a.E3Is the project site in an area known to have an
inadequate Wates supply to meet domestic. needs?
SUPPL*l ituAD9QUATE fW SMS. KPT 4-1-90_
b. Is the project site in an area known to have an
inadequate water supply and/os pressurt to meet tire
lighting needs?
C. ❑ QT Are there any known problems with providing other
utility services, such as electricity, gas, propaneT
d. ❑ C3' Are there any known service problem areas?
e. Q Other factors?
MITIGATIOV Ml.ASORES$
Standard mitigation measures asst
[3 Plumbing Code (Ordinance Vo.'2269)
[3 slater Ordinance Mo. 7931
Other considerations$ [3 Lot size Project Design
CONCLOS IOli s .
Considering the above information, could the project have a
significant impact on the physical environment due to
utilities/serviees?
13 yes ro
i_
0.0 Other tactors
3.1 General !actors
oZTTING/IKPhClss
a.
E30 Will the project result in an ioeffieient use of
energy resources?
b. D D Will the project result in a major change in the
pattern, scaile& or ebatecter of the general asea or
community?
C. E3 Q will the project result to a significant increase io
light and/or glare?
O. 13 130'Nill the project result in a significant reduction in
the amount of agricultural land?
m. E] ff Other factors?
MITIGATION KUSUZZse
Standard mitigation measures ares
E3 state administrative Code, Title 24, Part se T-20 (inergy
Conservation)
other Considerations$ n Lot :iso Ej Project Design
E3 Compatible Dse
CONCLUSION:
Considering the above information, Could the project have a
significant impact on the pbysiaal oaviroaaent doe to =
E3 nes
1!
f
3.2 fnvironsentai Sart
E
i
- SZTTIUC/ZKP&MSt
a,(,
T
M
(7r
ase any
hazardous materials used, produced, er
stored en -site?
b.
Q
M
are any
bazasdous castes stored on -situ?
a.
are any
pressurised tanks to be used on-site?
a.
D
(�
are any
residential units, schools, or hospitals
deet?
located
within 500
e.
Q
[
Other tactors?
MITIC&TION MZkSORZS=
C0NCLOSIONs
considering the above information, could the project have a
significant impact on public safety?
fes so
20
S
�r w�►
THOMAS A. TIDEMANSON, DkMw
CECIL E.1UCH, Chid D.p11 Dkuw "
WAS NACAMI, Aub"at Dkeow
August 29, 1989
CGJNTY OF LOS ANGELS
DEPARTMENT OF PUBLIC WORKS
M SOUTH FREMONT AVENUE
ALHAMBRA. CALIFORNIA 919111U1
T.ler.a.: (iii) Hism
ADDRESS ALL CORRESPONDENCE TO:
". Box 14N
ALHAMBRA. CALIFORNIA 9IM14N
wraw'"AAw T-2
850.27.14
Mr. James E. Hartl
Planning Director
v
Department of Regional Planning
!"
County of Los Angeles
v
320 West Temple Street
o
Attention Ms. Pamela Holt
Impact Analysis Section
Dear Mr. Hartl:
sv
TRAFFIC STUDY
PROJECT NUMBER 88296, PARCEL MAP 19997
DIAMOND BAR CORPORATE TERRACE
As requested, we reviewed the subject traffic report. The proposed
development consists of five office buildings with a gross floor area of
420,748 square feet and a 10,000 -square -foot restaurant. The project is
located west of the Orange Freeway adjacent to the Brea Canyon Cut -Off./
Diamond Bar Boulevard freeway interchange. We agree with the report that
this project would generate approximately 4,920 vehicle trips per day.
We recommend a three percent per year ambient growth rate be used to
project existing traffic volumes to the project's completion date rather
than the two percent per year shown in this report.
We recommend the following mitigation measures be the sole responsibility
of the developer.
. Install northbound dual left -turn lanes and a southbound right -turn
lane on Brea Canyon Cut -Off Road at Corporate Terrace Drive. The
developer should submit detailed striping plans to the satisfaction
of this Department.
. Enter into a secured agreement with this Department for the total cost
to install a traffic signal when needed at the intersection of
Brea Canyon Cut -Off Road/Fallowfield Drive -Corporate Terrace Drive.
A
Mr. James E. Hartl -2- August 29, 1989
k
S
We recommend the following mitigation measures be made a condition of this
project along with other related projects.
Enter into a secured agreement with this Department to pay for
pro rata shares of the cost to install traffic signals when needed at
the following intersections. The developer should determine his
proportionate share and submit his determinations to'this Department
for review and approval.
Brea Canyon Cut -Off Road/Route 57 southbound ramps
Diamond Bar Boulevard/Route 57 northbound ramps
We recommend this report also be reviewed by Caltrans as this project will
impact locations under their jurisdiction.
If you have any questions regarding these comments, please contact our
Traffic Studies Unit at (818) 458-5909.
Very truly yours,
T. A. TIDEMANSON
Director of Public Works
r", Ls &JA.0-
ROGER W. BURGER
Deputy Director
ON:sl/PN
• , GEORGE OEUKMElMN• GOW"Aw
STATE OF CALIFORNIA
CALIFORNIA REGIONAL WATER QUALITY CONTROL' BOARD-
LOS ANGELES REGION
101 Centre Plaza Drive
Monterey Park. California 91754-2156
(213) 266-7500 ,
---- -
•' File: 700.30
September 21, 1989
Julie Cook
L. A. County Regional Planning
320 West Temple Street
Los Angeles, CA 90012
ON
' INITI7IL BTIIDY, BUSINESS �AR1� 1 t� ' OF LOB ANGELES REGIONAL]IKEA (PR88296) . BCH #8
PLANNING
We have reviewed the subject document regarding the proposed
project, and have the following comments:
Based on the information provided, we recommend the following:.
We have no further comments at this time.
The proposed project should address the attached
comments.
ity to review your document. If you have
Thank you for this opportun
y questions, please contact Eugene C. Ramstedt at (213) 266-7553.
JOHN L. LEWIS•rtiUngtief
Technical Suppo
cc: Garrett Ashleyi-State Clearinghouse
Attachment(s): Sewage/Waste Disposal
(07-13-89)
cook
Page 1
-;. Sewage/Waste Disposal concerns:
a. Identify the types) of waste(s) to be discharged.
b. Specify the projected sewage flow rate.
❑ c. The disposal of wastewaters for the proposed project
may be subject to Waste Discharge Requirements
issued by the Los Angeles Regional Water Quality
control Board. Therefore, a permit application
Should be submitted to this of f ice at least 12 o days
prior to the projected opening of this facility.
d. The project must demonstrate that wastewaters from
ected,
the project will be adequately
transported, and that the receiving treatment plant
to treat., and
ofwastewaters
lthe l have cin capacityate a saisfactory manner.
lspose
e. An analysis of the cumulative flows generated by
all proposed, pending and approved projects within
the service area of the designated treatment plant.
If expansion of the treatment plant facilities will
be required to meet projected wastewater demand, the
applicant must demonstrate that additional capacity
will be available prior to new connections for
proposed development.
❑ f. We require that a written confirmation be obtained
from the Planning and Scheduling Department, Bureau
of Engineering, stating that there will be available
treatment capacity at the time of connection.
copy of this letter must be sent to this Regional
Board prior to the approval of this project.
❑ q• in order to determine whether Waste Discharge
Requirements will be needed, we request that the
applicant list the types of services that will be
allowedof this list must be frate under orty proposed
to this Regional
ect. A
copy
Board.
Sewage/Waste Disposal
ORDINANCE NO. 26- (1989)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DIAMOND BAR AUTHORIZING A CONTRACT
BETWEEN THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
The City of Diamond Bar does ordain as follows:
CVf-mTnm 1
That a Contract between the City Council of the
City of Diamond Bar and the Board of Administration,
California Public Employees' Retirement System is hereby
authorized, a copy of said Contract being attached hereto,
marked "Exhibit A", and by such reference made a part hereof
as though herein set out in full.
QV/-TT^W 9
The Mayor of the City Council is hereby
authorized, empowered, and directed to execute said Contract
for and on behalf of said Agency.
This Ordinance shall take effect thirty (30) days
after the date of its adoption, and prior to the expiration
of fifteen (15) days from the passage thereof shall be
posted in at least three (3) public places within the City
of Diamond Bar in accordance with the provisions of Section
36933 of the Government Code and thenceforth and thereafter
the same shall be in full force and effect.
1
ADOPTED, APPROVED AND PASSED this day of
, 1989
yor
I, LYNDA BURGESS, City Clerk of the City of Diamond
Bar, California do hereby certify that the foregoing
Ordinance was introduced at a regular meeting of the Council
of the City of Diamond Bar held on the day of
1989, and was finally passed at a regular
meeting of the City Council of the City of Diamond Bar held
on the day of , 1989.
Executed this day of , 1989 at
Diamond Bar, California.
ATTEST:
City Clerk of the
City of Diamond Bar
2
* * * C O P Y * * *
�
"` CONTRACT
BETWEEN THE
�����\ BOARD OF ADMINISTRATION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE
CITY COUNCIL
OF THE
CITY OF DIAMOND BAR
In consideration of the covenants and agreement hereafter contained and on the
part of both parties to be kept and performed, the governing body of above
public agency, hereafter referred to as "Public Agency", and the Board of
Administration, Public Employees' Retirement System, hereafter referred to as
"Board", hereby agree as follows:
1. All words and terms used herein which are defined in the Public
Employees' Retirement Law shall have the meaning as defined therein
unless otherwise specifically provided. "Normal retirement age"
shall mean age 60 for local miscellaneous members.
2. Public Agency shall participate in the Public Employees' Retirement
System from and after making its
employees as hereinafter provided, members of said System subject to
all provisions of the Public Employees' Retirement Law except such as
apply only on election of a contracting agency and are not provided
for herein and to all amendments to said Law hereafter enacted except
those, which by express provisions thereof, apply only on the election
of a contracting agency.
3. Employees of Public Agency in the following classes shall become
members of said Retirement System except such in each such class as
are excluded by law or this agreement:
a. Employees other than local safety members (herein referred to as
local miscellaneous members).
4. In addition to the classes of employees excluded from membership by
said Retirement Law, the following classes of'employees shall not
become members of said Retirement System:
a. SAFETY EMPLOYEES.
5. The fraction of final compensation to be provided for each year of
credited prior and current service as a local miscellaneous member
shall be determined in accordance with Section 21251.13 of said
Retirement Law (2t at age 60 Full).
* * * C O P Y * * *
6. The following additional provisions of the Public Employees'
Retirement Law, which apply only upon election of a contracting
agency, shall apply to the Public Agency and its employees:
a. Section 20046 (Extention of Reciprocity Rights for Elective
Officers).
b. Section 20835.1 (Limit Prior Service Credit to Members Employed
on Contract Date).
C. Section 20930.3 (Military Service Credit). Statutes of 1976.
7. Public Agency shall contribute to said Retirement System as follows:
a. With respect to local miscellaneous members, the agency shall
contribute the following percentages of salaries earned as
members of said Retirement System:
(1) 0.127 percent until June 30, 2008 on account of the
liability for prior service benefits. (Subject to annual
change.)
(2) 6.729 percent until June 30, 2019 on account of the
liability for current service benefits. (Subject to annual
change.)
b. A reasonable amount, as fixed by the Board, payable in one in-
stallment within 60 days of date of contract to cover the costs
of administering said System as it affects the employees of
Public Agency, not including the costs of special valuations or
of the periodic investigation and valuations required by law.
C. A reasonable amount, as fixed by the Board, payable in one in-
stallment as the occasions arise, to cover the costs of special
valuations on account of employees of Public Agency, and costs of
the periodic investigation and valuations required by law.
8. Contributions required of Public Agency and its employees shall be
subject to adjustment by Board on account of amendments to the Public
Employees' Retirement Law, and on account of the experience under the
Retirement System as determined by the periodic investigation and
valuation required by said Retirement Law.
oNt�,
.:EasE ENO r�o, sic►� „�xN.�ats
* * * C O P Y * * *
9. Contributions required of Public Agency and its employees shall be
paid by Public Agency to the Retirement System within fifteen days
after the end of the period to which said contributions refer or as
may be prescribed by Board regulation. If more or less than the
correct amount of contributions is paid for any period, proper
adjustment shall be made in connection with subsequent remittances.
Adjustments on account of errors in contributions required of any
employee may be made by direct payments between the employee and the
Board.
BOARD OF ADMINISTRATION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
BY ftt.t�
CHIEF, CONTRACT Sp CES DIVISION
PUBLIC EMPLOYE S`�AETIREMENT SYSTEM
h1y�.
PERS-CON-702 (NEW AGENCY)
(Rev. 6/88)
CITY COUNCIL
OF THE
CITY OF DIAMOND BAR
BY
Presiding Officer (�
rb~
.y \
Witness Date
Attest:
ro
Clk
C1erkc,-"
Public Employees' Retirement System
Field.& Contracts Services Division
Contracts Office, Section 900
P.O. Box 942709
Sacramento, CA 94229-2709
(916) 326-3608
326-3000 (Telecommunication Device
for the Deaf -Interpreter)
The City of Diamond Bar hereby
requests the documents necessary to accomplish membership of its eligible
employees in the Public Employees' Retirement System. We have reviewed the
benefit programs available and the actuarial report of agency costs dated
Angn.ct 10, 14R9
We have provided the anticipated schedule of agency actions (Section C) and
following completion of these actions we intend to participate as described
in the report(s) noted.
A. Category: Local Miscellaneous Members
B. Basis for Participation: Please identify by circling the appropriate
report number.
Report Number
(1)
Section of Law Description
20835.1
20046
20930.3
C. ANTICIPATED SCHEDULE OF AGENCY ACTIONS
29 @ 60 Full formula;
(Limit Prior Service to Members
Employed on Contract Date);
(Extension of Reciprocity Rights
for Elective Officers); and
(Military Service Credited as
Public Service) for local
miscellaneous members. _
(Complete actions in order listed.)
1. Sept 11, 1989 DATE RESOLUTION OF INTENTION IS NEEDED FOR AGENCY
INCLUSION IN AGENDA FOR GOVERNING BODY. This date
must be at least three weeks from the date this form
is received in the Contracts Office.
2. S_ep t 19, 1989 ADOPTION OF RESOLUTION OF INTENTION to contract with
the Public Employees' Retirement System.
3. Sept 20, 1989 EMPLOYEE ELECTION.
4. Sept 19, 1989 FIRST READING OF ORDINANCE to adopt PERS contract.
This may be done the same day the Resolution of
Intention is adopted. (see #2)
5. Oct 17, 1989 FINAL READING OF ORDINANCE. Must be AT LEAST 20 days
after signing the Resolution of Intention. (see #2)
6. Nov 16, 1989 EFFECTIVE DATE OF ORDINANCE. Usually 30 days after
final reading (see 15), but Agency has the option of
adopting an Urgency Ordinance which would waive the
30 -day waiting period for the Ordinance effective date.
7. Nov 18, 1989 EFFECTIVE DATE OF PERS CONTRACT. Must be the first
day of a payroll period subsequent to the effective
date of the Ordinance.
09/07/89
BY— TITLE DATE
PERS-CON-BA (ORDINANCE)
iVn'fge ,n—.. 11 195 e.
PHYLLIS PAPEN
Mayor
PAUL V. HORCHER
Mayor Pro Tem
GARY MILLER
GARY WERNER
JOHN FORBING
Councibnembers
ROBERT L. VAN NORT
City Manager
CITY OF DIAMOND BAR
21660 E. COPLEY DRIVE, SUITE 330
DIAMOND BAR, CA 91765
714 -860 -CITY 714-860-2489
October 17, 1989
TO: Phyllis Papen, Mayor
Paul Borchert Mayor Pro -Ten
John Forbing# Councilman
Gary Miller# Councilman
Gary Werner .�Councilman
FROM: Jd� R. Gutwein# AICP
Acting Planning Director
SUBJECT: TEMPORARY ON-SITE SIGNS: COMPARISON OF
CITY SIGN ORDINANCE PROVISION WITH DIAMOND
BAR CHAMBER OF COMMERCE SIGNAGE RECOMMEN-
DATIONS
Pursuant to your request of September 19, 1989, a
comparison was made between the City's existing sign
ordinance provisions relating to temporary on-site signs
and the signage recommendations submitted September 14,
1989 by the Diamond Bar Chamber of Commerce. Permanent
signs are not examined in this report but will be
evaluated in a subsequent staff report.
The Chamber's recommendations on temporary signage
reflect input from a survey of the Chamber's membership
and other interested parties. In addition, the Chamber
examined signage guidelines within (7) jurisdictions
including Los Angeles County and the cities of San Dimas,
Pomona, Alhambra, Irvine and Brea. The Chamber also
conferred with several real property leasing and
management companies in formulating their signage
recommendations.
1
Diamond Bar City Council
October 17, 1989
Page 2
BANNERS
CITY OF DIAMOND BAR: Any strings of pennants, banners
or streamers, clusters of flags, strings of twirlers or
propellers, flares, balloons, and similar attention
getting devices, including noise -emitting devices are
totally restricted with the exception of the following:
1) National, state, local governmental, institutional
or corporate flags, properly displayed,
2) Holiday decorations, in season, used for an
aggregate period of 60 days in any one calendar
year.
DIAMOND BAR CHAMBER OF COMMERCE: Banners -- (including
flags, pennants, streamers) -- upon application -- a
maximum of four (4) periods per calendar year, each
period to be no longer than thirty (30) days, a maximum
of one hundred twenty (120) days per year. Size of
banners (i.e., 1 square foot of signage per linear foot
of frontage), freestanding pad tenants to be allowed a
maximum of two frontages. Numbers of flags and pennants
should also be regulated.
Banners -- (grand opening, 1/2 off, Sunday Brunch, etc.)
-- permitted upon application -- one per tenant lease
space.
ISSUES: Need, compatibility, esthetics, time and
frequency allowed, enforcement/monitoring, cost.
PORTABLE SIGNS
CITY OF DIAMOND BAR: Portable outdoor advertising sign
means a freestanding sign which is not permanently
affixed, anchored or secured to either the ground or a
structure on the premises it is intended to occupy.
Portable signs require plot plan approval and are
approved by the Planning Director. Such signs may be
placed and maintained in Zones C-2, C-3, C -M, M-1 and
M-1.5, subject to the following conditions of use:
Diamond Bar City Council
October 17, 1989
Page 3
1) That such signs shall be placed in compliance with
the provisions of this Part 10 of Chapter 22.52 of
the City Zoning Ordinance;
2) That placement of such signs shall not constitute
a potential hazard to pedestrian or vehicular
traffic, or be placed in any area where the erection
of buildings or structures is prohibited;
3) That such signs shall not be placed within a public
right-of-way;
4) That an official site -approval card shall be visibly
attached to the sign during its placement at the
approved location.
5) No person shall place or grant permission to place
a portable outdoor advertising sign unless a site
plan approval has been obtained and an official
site -approval card is displayed on such sign or
trailer. Placement of a portable outdoor
advertising sign in violation of this provision
shall cause such sign to be deemed a public
nuisance. (Ord. 1494 Ch 7, Art. 7, Section 707.7,
1927.)
DIAMOND BAR CHAMBER OF COMMERCE: Portable Signs -- upon
application -- Time limitations same as banners. Size
limitation of 36 square feet.
Portable Signs -- (grand opening, 1/2 off, Sunday Brunch,
etc.) -- permitted upon application -- one per tenant
lease space.
ISSUES: Need, compatibility, esthetics, enforcement/
monitoring, cost.
LEASING/COKING SOON SIGNS - COMMERCIAL BUILDINGS
CITY OF DIAMOND BAR: In Zones C -H, C-1, C-2, C-3, C -M,
C-R, M-1 and M-1.5, one wall -mounted or freestanding
lease or real estate sign shall be permitted for each
street or highway frontage, provided:
Diamond Bar City Council
October 17, 1989
Page 4
1) That such sign does not exceed 48 square feet in
sign area or 96 square feet in total sign area on
any frontage of 100 feet or less; and
2) That such sign does not exceed 48 square feet in
sign area plus an additional one-half square foot
in sign area for each one foot of street or highway
frontage in excess of 100 feet, to a maximum sign
area of 100 square feet or an amount equal to twice
the permitted sign area.
3) That the height permitted for wall -mounted real
estate or lease signs shall not extend above the
highest point of a parapet wall or the lowest point
of a sloping roof. Freestanding real estate/lease
signs shall not exceed the following maximum
heights:
a. In Zones C -H, C-R, C-1, C-2, C-3, C -M, M-1 and
M-1.5, 6 feet measured vertically from ground
level at the base of the sign.
4) That freestanding real estate/lease signs may be
placed in required front yards, provided such signs
are located not less than 10 feet from the highway
line. Freestanding real estate/lease signs shall
not be placed nearer to a lot line, other than one
adjoining a street or highway, than 10 feet.
5) That real estate signs in Zones C -H, C-1, C-2, C-3,
C-R, C -M, M-1 and M-1.5, may be internally or
externally lighted, but any continuous or sequential
flashing operation is prohibited.
6) That all real estate/lease signs shall be removed
from the premises within 30 days after the property
has been rented, leased or sold.
DIAMOND BAR CHAMBER OF COMMERCE: Leasing/Coming Soon
-- (Commercial Buildings) -- One sign per street
frontage, maximum of two per building if freestanding,
regulate size and colors, with no time limitations so
long as a portion of the space remains unrented.
ISSUES: Need, compatibility, esthetics, enforcement/
monitoring, cost.
Diamond Bar City Council
October 17, 1989
Page 5
TEMPORARY ROOFTOP SIGNS (BALLOONS)
CITY OF DIAMOND BAR: Advertising balloons are not
allowed under any circumstances.
DIAMOND BAR CHAMBER OF COMMERCE: Rooftop Signs --
Advertising Balloon -- permitted upon application --
duration limited to a total of 60 days per year. No
other temporary signs would be permitted above the roof
line.
ISSUES: Esthetics, need, compatibility, enforcement/
monitoring cost.
TEMPORARY WINDOW SIGNS
CITY OF DIAMOND BAR: Each business establishment shall
be permitted temporary window signs, provided that such
signs do not exceed 25 percent of the area of any single
window or of adjoining windows on the same frontage.
This provision is not intended to restrict signs utilized
as part of a window display of merchandise when such
signs are incorporated within such display and located
not less than one foot from such windows. (Ord. 1494 Ch.
7, Art. 7, Section 707.9 (E), 1927.)
DIAMOND BAR CHAMBER OF COMMERCE: Window Signs --
(Retail Tenants) -- limit to no more than thirty five
percent (35%) of window area.
ISSUES: Esthetics, need, compatibility, enforcement/
monitoring, cost.
Diamond Bar City Council
October 17, 1989
Page 6 -
TEMPORARY REAL ESTATE SIGNS
CITY OF DIAMOND BAR: Temporary real estate signs are
permitted in all zones subject to the following
restrictions:
A. Area Permitted
1. In Zones R-1, R-2, R A, A-1, A-2, A -2-H, A -C,
0-S, R -R and W, one wall -mounted or
freestanding real estate sign shall be
permitted for each street or highway frontage,
provided:
a) That such sign does not exceed six square
feet in sign area or 12 square feet in
total sign area on any street or highway
frontage of 100 feet or less; and
b) That such sign does not exceed 32 feet in
sign area or 64 square feet in total sign
on any lot or parcel of land having a
street or highway frontage greater than
100 feet.
2. In Zones R-3, R-4, SR -D and P -R, one wall -
mounted or freestanding real estate sign shall
be permitted for each street or highway
frontage, provided:
a) That such sign does not exceed 12 square
feet in sign area where or 24 square feet
in total sign area on any frontage of 100
feet or less; and
b) That such sign does not exceed 48 feet in
sign area or 96 square feet in total sign
area on any lot or parcel of land having.
a street or highway frontage greater than
100 feet.
3. In Zones C -H, C-1, C-2, C-3, C -M, C-R, M-1 and
M-1.5, one wall -mounted or freestanding real
estate sign shall be permitted for each street
or highway frontage, provided:
Diamond Bar City Council
October 17, 1989
Page 7
a) That such sign does not exceed 48 square
feet in sign area or 96 square feet in
total sign area on any frontage of 100
feet or less; and
b) That such sign does not exceed 48 square
in sign area plus an additional one-half
square foot in sign area for each one foot
of street or highway frontage in excess
of 100 feet, to a maximum sign area of 100
square feet or an amount equal to twice
the permitted sign area in total sign
area.
B. Height Permitted
1. Wall -mounted real estate signs shall not extend
above the highest point of a parapet wall or
the lowest point of a sloping roof.
2. Freestanding real estate signs shall not exceed
the following maximum heights:
a) In Zones R-1, R-2, R-3, R-4, R -A, A-1,
A-2, A -2-H, A -C, 0-S, R -R and W, six feet
measured vertically from ground level at
the base of the sign; and
b) In Zones C -H, C-R, C-1, C-2, C-3, C -M,
M-1 and M-1.5, 6 feet measured vertically
from ground level at the base of the sign.
C. Location of Signs
1. Freestanding real estate signs may be placed
in required front yards, provided such signs
are located not less than 10 feet f rom the
highway line.
2. Freestanding real estate signs shall not be
placed nearer to a lot line, other than one
adjoining a street or highway, than 10 feet.
D. Lighting
1. Signs in R-1, R-2, R-3, R-4, R -A, A-1, A-2,
A -2-H, A -C, O -S, R -R, SR -D, P -R and W shall be
unlighted.
Diamond Bar City Council
October 17, 1989
Page 8
2. Signs in Zones C -H, C-11 C-2, C-3, C-R, C -M,
M-1 and M-1.5 may be internally or externally
lighted, but any continuous or sequential
flashing operation is prohibited.
E. Time Limit
All real estate signs shall be removed from the
premises within 30 days after the property has been
rented, leased or sold. (Ord. 83-0044 Section 4
(part), 1983; Ord. 82-0249 Section 9, 1983; Ord.
1494 Ch. 7, Art. 7 Section 707.11, 1927.)
,i. "1 : • •
Real Estate Signs -- (1) For Sale or Rent -- one sign per
lot or parcel -- not to exceed six square feet in size.
ISSUES: Esthetics, need, compatibility, enforcement/
monitoring, cost.
TEMPORARY SUBDIVISION SALES
CITY OF DIAMOND BAR: Temporary subdivision sales and
related entry and special -feature signs are permitted in
all zones subject to the following restrictions:
A. Subdivision Sales Signs
1. Area Permitted. One freestanding subdivision
sales sign shall be permitted for each street
or highway bordering the tract, provided:
a) That such sign does not exceed 32 square
feet in sign area or 64 square feet in
total sign area where such tract contains
10 lots or less; and
b) That such sign does not exceed 64 square
feet in sign area or 128 square feet in
total area where such tract contains 11
to 19 lots; and
Diamond Bar City Council
October 17, 1989
Page 9
c) That such sign does not exceed 96 square
feet in sign area plus an additional one-
half square foot in sign area for each one
foot of street or highway frontage in
excess of 500 feet, to a maximum sign area
of 180 square feet, or an amount equal to
twice the permitted sign area in total
sign area, where such tract contains more
than 20 lots.
2. Height Permitted
a) Subdivision sales signs shall not exceed
the following maximum heights:
i) Six feet, measured vertically from
ground level at the base of the sign.
b) Where a wall is required as a condition
of approval along the street or highway
frontage for which such sign is permitted,
the Director may modify this requirement
pursuant to the provisions of Part 12 of
Chapter 22.56.
3. Location of Signs
All subdivision sales signs shall be located
on the subdivision and shall be oriented to
read from the street or highway for which said
sign is permitted.
4. Lighting
Subdivision sales signs may be internally or
externally lighted, but any continuous or
sequential flashing operation is prohibited.
Diamond Bar City Council
October 17, 1989
Page 18
5. Time Limit
Subdivision sales signs shall be maintained
only until all the property is disposed of, or
for a period of three years from the date of
issuance of the first building permit for the
subdivision, whichever should occur first. Any
structure used for such purpose shall, at the
end of such three-year period, be either
removed or restored for a use permitted in the
zone where located, except that the Director
may, upon showing of need by the owner of the
property, extend the permitted time beyond
three years.
6. Text
All text on such signs shall relate exclusively
to the subdivision being offered for sale or
lease.
DIAMOND BAR CHAMBER OF COMMERCE: Subdivision or
Development -- size and number of on-site signs should
be based upon size of development (i.e., one (1) two
hundred square foot sign per each ten acres).
ISSUES: Esthetics, need, compatibility, enforcement/
monitoring, cost.
BULLETIN OR SPECIAL -EVENT SIGNS
CITy OF DIAMOND An: One freestanding or wall -mounted
bulletin or special -event sign may be erected and
maintained on each lot or parcel of land in any zone
developed for a publicly owned, charitable, religious or
educational institution subject to the following
restrictions:
1) Area Permitted. Such sign shall not exceed 50
square feet in sign area or 100 square feet in total
sign area.
Diamond Bar City Council
October 17, 1989
Page it
2) Height Permitted.
a. A wall -mounted sign shall not extend above the
highest point of a parapet wall or the lowest
point of a sloping roof.
b. A freestanding sign shall not exceed a maximum
height of 6 feet, measured vertically from the
base of the sign.
3) Location of Sign. A freestanding sign shall not be
located nearer than 25 feet to a lot line which does
not adjoin a street or highway.
4) Lighting. Such sign may be internally or externally
lighted, provided that no exposed incandescent lamp
used shall exceed a rated wattage of 25 watts in any
residential or agricultural zone, and that any
continuous or sequential flashing operation is
prohibited in all zones.
5) Design. Such sign shall be architecturally related
to the structure to which it is appurtenant.
DIAMOND BAR CHAMBER OF COMMERCE:
Special consideration should be given to signs of a
temporary nature belonging to charitable or educational
groups.
ISSUES: Esthetics and compatibility.
JRG:js/signinfo.mem
AGENDA NO. 30
NO DOCUMENTATION AVAILABLE
CITY OF DIAMOND BAR
AGENDA SCHEDULING REQUEST
TOs CITY CLERK
FROM&
FOR MEETING DATEs October 17. 1989
VX] Consent Calendar [ ] Special Presentations
[ ] Public Hearings [ ] Closed Session
[ ] Unfinished Business [ ] Other
[ ] New Business
acssscssssscicsssiscacclsssisis!lssssi!lssissss tss ssscssscssssssss
AGENDA TITLES
Resolution Appointing Pacesetters to serve as the City's Chief
Building Official.
RECOMMENDED ACTION:
It is recommended that the City Council authorize the adoption of
Resolution 89- appointing Pacesetters, 14322 Main Street,
Hesperia, CA 92345; to serve as the City's Chief Building Official
and to provide Building and Safety services for the City of
Diamond Bar.
External Distribution - name and address of applicant or others
to be notified of meeting and decisions
CITY OF DIAMOND BAR
AGENDA REPORT
BACKGROUND:
The City Council solicited and received four (4) proposals for
Building and Safety Services.
STAFF RECOMMENDATION:
It is recommended that the City Council authorize the adoption
of Resolution 89- appointing Pacesetters, 14322 Main Street,
Hesperia, CA 92345; to serve as the City's Chief Building Official,
and to provide Building and Safety services for the City of
Diamond Bar.
(Narrative continued on next page if necessar,.
FISCAL IMPACTi
Amount Requested $
Budgeted Amount $
In Account Numbers
Deficits S
Revenue Sources
v�91
-�_- ---------.a- ----------------------
Robert L. Van Nort Andrew L. Arczynski
City Manager City Attorney
Sr. Accountant
BUILDING SERVICES
Pacesetter Building Services shall provide to the City
of Diamond Bar, complete Building Department Administration
Services. Office Hours will be 8:00 a.m. to 5:00 p.m. Monday
thru Friday.
Pacesetter shall pay our portions of cost for office
space and utilities, provide all permits and necessary forms
for proper operation of Building Department.
Pacesetter shall work with Los Angele's Company offices
to obtain all plan permits, plus all other records pertaining
to the City of Diamond Bar.
Pacesetter will start setting up operations Wednesday
10-18-89 and will except new plans on this date. We will open
doors on 10-24-89 for full operation of Building Department
functions.
Pacesetter will also provide complete Code Enforcement
Services to the City of Diamond Bar.
After 4 months in full operation Pacesetter will
provide appropriate amount of Trucks and Uniforms with City
Logo for Inspection Services.
Attached please find fee clarification requested by you.
If there are any questions concerning this letter please
do not hesitate to call.
Thank You
fYa
�ad
Project Manager
14322 Main Street • Hesperia, California 92345
(619) 948-2016
PERMIT FEE CALCULATION BASED
UPON THE CURRENT VALUATION TABLE UTILIZED
BY LOS ANGELES COUNTY
A majority of jurisdictions within the State of California
utilized the method of using a percentage of the building
valuation for permit fees.
Los Angeles County plan review fees are higher in cost to the
builder. The County uses an average of .0318 to. .003 times the
building valuation to calculate plan review fees.
Using different valuations as per the attached fee chart.
An example of the permit and pian check fee would be as follows:
Building permit valuation and fees for a typical building plan
review fees are not charged for mechanicals when a building plan
check fee is charged.
The subject building is an office building of 6000 square feet.
Calculations:
6000 square feet times 61.50 (square foot valuation as per Los
Angeles County) = 369,000 valuation
Permit fee paid by Contractor = $1455.85
Pacesetter fee - 80% of permit fee = $1164.68
Plan Review fee paid by Contractor = $1190.43
Pacesetter fee - 65% of Plan review fee = $ 773.78
Gross fees paid by Contractor = $2646.28
Net to the City of Diamond Bar
Permit = $ 291.17
Plan Review = $ 416.65
TOTAL $ 707.82
Gross to Pacesetter
Permit = $1164.68
Plan Review = $ 773.78
TOTAL $1938.46
15 REQUIRED INSPECTIONS
27% Total return of funds to the City of Diamond Bar
Patio cover for a residential building $800.00 valuation
Permit fee paid by Contractor $ 30.50
Pacesetter fee - 80% of permit 24.40
Plan Check fee paid by Contractor 25.50
Pacesetter fee - 65% of Plan Check fee 16.58
Gross fees paid by Contractor 56.00
Net to the City of Diamond Bar
Permit $ 6.10
Plan Check 8.92
TOTAL $15.02
Gross to Pacesetter
Permit $24.40
Plan Check 16.58
TOTAL $40.98
3 INSPECTIONS REQUIRED
27% return of total funds to City
Single family dwelling with an valuation of $100,000
Permit fee paid by Contractor $ 600.50
Pacesetter fee 80% of permit fee 480.40
Plan Check feed paid by Contractor 504.47
Pacesetter fee 65% of Plan Check fee 327.91
Gross fees paid by Contractor 1104.97
Net to City of Diamond Bar
Permit $ 120.10
Plan Check $ 176.56
TOTAL $ 296.66
Gross to Pacesetter
Permit $ 480.40
Plan Check $ 327.91
TOTAL $ 608.31
7 INSPECTIONS REQUIRED
27% return of total funds to City
Commercial Building with an valuation of $500,000.00
Permit fee paid by Contractor $1868.50
Pacesetter fee - 80% of permit fee $1494.80
Plan Check fee paid by Contractor $1524.48
Pacesetter fee - 65% of plan check fee $ 990.91
Gross fees paid by Contractor $3392.98
Net to City of Diamond Bar
Permit $ 373.70
Plan Check 533.57
TOTAL $ 907.27
Gross to Pacesetter
Permit $1494.80
Plan Check 990.91
TOTAL $2485.71
15 INSPECTIONS REQUIRED
27% Return of total
There will be other fixed fees as established by State, Federal
and County Governments.
Pacesetter will collect said fees and place those fees with the
City Treasurer.
A monthly statement will be provided to the City Treasurer as to
the source of all fees collected.
An Administration fee of 80% of any fee paid by any agency to the
City for collection of said fees shall be paid to Pacesetter for
the Administration and accounting of the program.
A typical senerio would encompass the school fee as required by
the State of California. Building Departments can accept those
fees and the City would remit the fees to the local school
authority. The City typically charges $25.00 for each fee
collected. Pacesetter would collect 80% of that $25.00 or
$20.00.
There are fees that are mandated by the State channel for fee
collection charge is not available. Pacesetter will not charge
for the collection of those fees.
CITY OF DIAMOND BAR Dale:
DEPARTMENT OF PUBLIC WORKS Supercedes:
BUILDING AND SAFETY DIVISION
BUILDING VALUATION GUIDE SHEET (DOLLARS PER SQUARE FOOT)
Reference: Marshall Valuation Service
USE TYPES OF CONSTRUCTION
A.C. I II III II V-1 HR V N
i
1 -hr- N N Wood Mas Wood
RESIDENTIAL QUALITY DWELLINU �JnnrwM ""• ""'
Rood Mas. W000 Mas.
Dwelling
Includes A.C.
Patios
47
Residential Additions
under 600 sq. ft. $ 48.40 sq. ft.
Additional Cost Factors: where applicable
Air Conditioning -Comm. $ 2.80 /sq.ft.
-Res. $ 2.40 /sq.ft.
Dock Height Floors
$
1.40
/sq.ft.
Sprinkler System
$_a.00
= $43.40
/sq.ft.
Swimming Pools -Private $25.60/sq. it.
Commercial and Industrial Bldgs.
over 50,000 sq. ft.
Permissible to use reductions based
on Floor Area/Perimeter multipliers
listed in Marshall Valuation Service
(on reverse)
NOTE: Hillside Bldgs. --add 5% to 20%
for additional foundation work.
Tenant Improvements --is approximately
the difference between completed use
above and shell (warehouse).
Retaining Walls
6" concrete block=$ 4.90/sq.ft.
8" concrete block=$ _550/sq-ft.
12" concrete block=$ 7.30/sq.ft.
Foundations Use same values as
12" above SIGNS
2 -Sides 1 -Side
Tract Housing -10-49 units 7% decrease
50 units or more 9% decrease
Painted $ 39.10 =$31.20/sq.ft.
Elec. $105.00= $74.60/sq.ft.
Sign Poles
4"
0
= $31.20
/lin.ft.
6"
0
= $43.40
/lin.ft.
Ste
0
= $56.60
/lin.ft.
10"
0
=$69.70
/lin.ft.
12"
0
= $82.10
/lin.ft.
14"
0
= $94.90
/lin.ft.
*Increase for Medical Off. 15%
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� p
YORK SNEET ( FOR VALUATION OVER S 500,000.00 )
1. VALUATION IN THOUSANDS: 750
2. R . OCCUPANCY: 750 (LINE 1) x 0.0?• 52.50
3. OTHER OCCUPANCY: 750 (LINE 1) x 0.158 112.50
i. 750 (LINE 1) • 100 • 650
s. 650 JLINE i) x 3.00. 593.50 . 2543.50 -
6. GENERAL
PLAN CHECK FEE
A. 2543.50 (LINE s) x 0.W • 2161.98
PERMIT FEE
B. R • OCCUPANCY: 2543.50 (LINE s) • 52.50 (LIVE t) • 2596.00
C. OTHER OCCUPANCY: 2543.50 (LINE s) • 112.50 (LINE 3) • 2656.00
I
I
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0
a
July 5, 1989
TO: Pacesetter Building Services
FROM: William A. Haglund
Enclosed please find our new basic (titled "General") building plan
check fee schedule up to $500,000 and work sheet and example for
calculating higher fees. Use this schedule along with your
appropriate percentage for invoicing purposes. (Ignore Permit Fee
columns).
Remember, all commercial/industrial energy conservation (T24) is now
done by our Mechanical Section including mixed occupancies with
residential. You will however, still be responsible for energy
conservation (Title 24) for all other residential occupancies.
WH:lr B-2
------ i G ------ C i i S 6 C C C i 6 i G i G C C G C C C C G G K s C G G C G G 6 C 0 ----- G G i i G G i i-! i C
CITY OF DIAMOND BAR
AGENDA REPORT
G G G G G G G G G G G G G C G G G G C G G s i i i i i i G i C G S C C S C G G G S G G G t G C G t G G G G G G C G s G G C L 6 G C
BACKGROUND:
A citizen of Diamond Bar, Mr. Victor Page, had requested,
by way of letter to the City Manager, that a 4 -way stop
be installed at the intersection of Morning Canyon Road and
Santaquin Drive/Cliffbranch Drive.
The City's Traffic Engineer, Mr. Ron Hobbs, was assigned the
task of investigating this request and it was his recommendation
that a 4 -way stop not be installed at this time, however, he
recommended traffic enforcement in this area with the use of
radar.
A copy of the Engineer's report was sent to.Capt. Vetter of
the Sheriff's Department, along with a letter requesting him
to direct strict traffic enforcement in the aforementioned
residential area.
STAFF RECOMMENDATION:
It is recommended that the request for a 4 -way stop control
at the intersection of Morning Canyon Road and Santaquin
Drive/Cliffbranch Drive, be denied at this time and that the
Sheriff's Department be directed to strictly enforce any and
all traffic violations in this area.
(Narrative continued on next page if necessa
FISCAL IMPACTe
Amount Requested $
Budgeted Amount $
In Account Numbers
Deficits S
Revenue Sources
-fV_=cs-< <-rx--:II--------------------------- ----------------
Robert L. Van Nort Andrew L. Arczynaki
City Manager City Attorney Sr. Accountant
PHYLLIS PAPEN
Mayor
PAUL V. HORCHER
Mayor Pro Tem
GARY MILLER
GARY UTRNER
JOHN FORBING
Councilmembers
ROBERT L. VAN NORT
City Manager
CITY OF DIAMOND BAR
21660 E. COPLEY DRIVE, SUITE 330
DIAMOND BAR, CA 91765
714 -860 -CITY 714-860-2489
October 2, 1989
Mr. Victor A. Page
1732 Morning Canyon road
Diamond Bar, California 91765
Dear Mr. Page:
The City's Traffic Engineer has reviewed your request for a
4 -way stop control at the intersection of. Morning Canyon Road
and Santaquin Drive/Cliffbranch Drive. It is his
recommendation that the request be denied at this time.
However, he is recommending traffic enforcement with the use
of radar in this area.
A copy of this letter will be forwarded to the Sheriff's
Department, directing their strict enforcement of this
residential area. In addition to the aforementioned, the
matter will be on the October 17, 1989 agenda for review and
comment by the City Council.
On behalf of the City Council and community, I wish to thank
you for bringing this matter to our attention.
Sincerely,
Robert L. an Nort
City Manager
RLVN/dkc
cc: Capt. Vetter, L.A.S.O.
Septemrber 22, 1989
TO: Mr. Robert L. Van Hort
City Manager
City of Diamond Bar
FROM: Ron Hobbs
Traffic Advisor
MORNING CANYON ROAD AND SANTAQUIN DRIVE/CLIFFBRANCH DRIVE
STOP CONTROLS
Background
In response to your request, I have investigated the need for four-way
stop controls at the intersection of Morning Canyon Road and Santaquin
Drive/ Cliffbranch Drive. A petition was submitted by Mr. Victor A. Page,
1732 Morning Canyon Road, requesting four-way stop control at this
location.
Recommendation
I recommend the request for four-way stop controls at the intersection of
Morning Canyon Road and Santaquin Drive/Cliffbranch Drive be denied.
However, I would recommend enforcement of the residential 25 MPH speed
limit and the placement of a "Watch Downhill Speed" sign on Santaquin
Drive north of Morning Canyon Drive.
Conditions
Morning Canyon Road, Santaquin Drive and Cliffbranch Drive are local
streets and are fully improved with curb, gutter, sidewalk and street
lighting on both sides. Morning Canyon Road and Santaquin
Drive/Cliffbranch Drive intersect forming a four -legged intersection and
"Stop" signs are in place on Morning Canyon Road requiring traffic on
Morning Canyon Road to stop for traffic on Santaquin Drive/Cliffbranch Drive.
Santaquin Drive, Cliffbranch Drive, and Morning Canyon Road east of the
intersection are 40 feet wide curb to curb. Morning Canyon Road west of
the intersection is 34 feet wide curb to curb and terminates in a
cul-de-sac 200+ feet west of the intersection. Abutting property is
single family Tesidential. Under the provisions of the California Vehicle
Code the speed limit on all three streets is residential "prima facie"
25 Miles Per Hour and is unposted.
a
Mr. Robert L. Van Hort -2- September 26, 1989
Data
Two relatively recent six -hour manual counts were taken at the
intersection, one on January 21, 1988 from 6 a.m. to 12 noon and one on
January 25, 1988 from 12 noon to 6 p.m. and disclosed the following:
Street
6 AM - 12 Noon
Vehicular Volume
Hourly Average
For 6 Hours
Pedestrians
Vehicular Volume Across
Peak Hour 6 Hour Total
7:00 am -8:00 am Adult Child
Santaquin Dr. N.
Approach 54
123
2
0
Cliffbranch Dr. S.
Approach 21
40
5
4
75
10
Morning Cyn. Rd. East
Approach 14
28
10
1
West
Approach 3
4
11
5
17
32
Intersection Total
92
195
12Noon -6PM
Pedestrians
Street
Vehicular Volume
Vehicular Volume
Across
Hourly Average
Peak Hour
6 Hour
Total
For 6 Hours
7:00 am -8:00 am
Adult
Child
Santaquin Dr. N.
Approach 32
49
2
11
Cliffbranch Dr. S.
Approach 58
82
30
7
Sb
1H
Morning Cyn. Rd. East
Approach 17
21
0
19
West
Approach 39
10
3
2U
R
Intersection Total
110
161
During the three year
period ending August 20,
1989, there were no
reported
accident!
at the intersection of
Morning Canyon Road and
Santaquin Drive/Cliffbranch Drive.
r
Mr. Robert L. Van Hort
-3-
September 26, 1989
A radar speed check taken on Santaquin Drive north of Morning Canyon Drive on
January 22, 1989 between 6:50 a.m. and 7:45 a.m. and the 100 samples resulted in
the following data:
Average Speed 34 MPH
85th Percentile 38 MPH
10 -Mile Pace 31 to 44 MPH
80 Samples in 10 -Mile Pace
Discussion and Recommendation
The National and State guidelines indicate any of the following conditions may
warrant a four-way or multi -way stop sign installation.
1. Where traffic signals are warranted and the need is urgent, the multi -way
stop is an interim measure that can be installed quickly to control traffic
while arrangements are being made for the signal installation.
2. An accident problem, as indicated by five or more reported accidents of a
type susceptible of correction by a multi -way stop installation in a
12 -month period. Types of accidents susceptible of correction include
right-angle and left -turn collisions.
3. Minimum Volume Warrant:
a. The total vehicular volume entering the intersection from all approaches
must average at least 500 vehicles per hour for any eight hours of an
average day, and
b. The combined vehicular and pedestrian volume from the minor street or
highway must average at least 200 units per hour for the same eight
hours with an average delay to minor street vehicular traffic of at
least 30 seconds per vehicles during the maximum hour.
c. When the 85th percentile approach speed of the major street traffic
exceeds 40 MPH, the minimum vehicular volume warrant is 70 percent
of the above requirements.
Field observations were taken during the peak and off peak periods and indicated
no sufficient changes in the count information taken in January of 1988.
Based on the aforementioned information and data and using the nationally
accepted guidelines for determining the need for four-way stop controls, I
believe the existing traffic controls are appropriate. The traffic volumes at
the intersection are considerably below the volume usually considered to warrant
the installation of four-way stop controls, the records of accident data on file
with the California Highway Patrol and Sheriff's Department indicate there have
been no reported accidents at this intersection during the past three years and
field observations revealed that the majority of motorists on Morning Canyon
Road are seldom delayed while waiting for a safe opportunity to enter
Cliffbranch Drive and Santaquin Drive.
Mr. Robert L. Van Hort -4- September 26, 1989
On this basis, it is not apparent that the installation of "Stop" signs on
Cliffbranch Drive and Santaquin Drive would improve traffic safety or the
orderly flow of traffic through the area and additional stop controls are not
recommended at this time.
As indicated before, the streets are residential and qualify for a prima facie
25 MPH. The normal prevailing speeds on residential streets range between
30-33 MPH and as disclosed by the speed check the prevailing speed on Santaquin
Drive is 38 MPH. The higher prevailing speed is probably due in part to the
10% downgrade on Santaquin Drive north of Morning Canyon Road.
Enforcement of the speed limit can be enforced by radar. Morning Canyon Road,
Santaquin Drive, and Cliffbranch Drive are shown as local streets on the latest
functional usage and federal -aid system maps as submitted to the Federal
Highway Administration. Therefore, under provision (b) of Section 40802 of the
California Vehicle Code enforcement can be done with radar without an engineer-
ing and traffic survey being conducted.
In addition to enforcement of the 25 MPH speed limit on Santaquin Drive, I would
recommend the placement of a "Watch Downhill Speed" warning sign placed on the
10% downhill side of Santaquin Drive north of Morning Canyon Road.
RH:dh/V
LOS ANGELES COUNTY DEPARTMENT OF PUBLIC WORKS
FOUR-WAY STOP CONTROL WARRANT ANALYSIS
MAJOR STREET:
Santaquin/Cliffbranch
Dr
19 -Sep -89
MINOR STREET:
Morning Cyn Rd
ENGINEER:
R.Hobbs
------------------------------------------------------------------
HOUR
; I/S VOL
; MAJOR ST
VOL
;
MINOR ST VOL
;
PEDS ;
---------------------------------------------------------------
6-7 AM
77
61
16
2 i
7-8 AM
195
163
32
i
7 i
8-9 AM
; 111
;
92
;
19
;
1 ;
9-10 AM
; 62
;
44
;
18
;
1 ;
10-11 AM
45
32
13
i
0
11-12 N
; 75
;
61
;
14
;
0 ;
12-1 PM
; 51
;
44
;
7
0
1-2 PM
; 74
;
66
;
8
6
2-3 PM
78
;
58
;
20
;
22 ;
3-4 PM
; 159
;
133
;
26
;
20 ;
4-5 PM
; 130
105
;
25
;
2 ;
5-6 PM
; 153
;
125
;
28
;
0 ;
7 HIGH HOURS
--------------
----------------------------------------------------------------
HOUR
; I/S VOL
; MAJOR ST
VOL
;
MINOR ST VOL
;
PEDS ;
7-8 AM
; 195
;
163
32
7
3-4 PM
; 159
133
26
;
20 ;
5-6 PM
153
;
125
28
0 ;
4-5 PM
; 130
;
105
;
25
;
2 ;
8-9 AM
111
;
92
;
19
;
1 ;
2-3 PM
; 78
58
;
20
;
22 ;
' 6-7 AM
77
61
;
16
;
2 ;
-------------------------------------------------------------
AVERAGE
; 129
;
105
;
24
;
8 ;
31
'
1. TRAFFIC SIGNAL NOT WARRANTED
2. ACCIDENT WARRANT: *** NOT SATISFIED ***
12 MONTH ACCIDENT HISTORY THROUGH: Aug.20,1989
LEFT TURN: 0 RIGHT ANGLE: 0 VEH/PED: 0
TOTAL: 0 (5 REQUIRED TO SATISFY WARRANT)
3. VOLUME WARRANT: *** NOT SATISFIED ***
TOTAL I/S VOL: REQUIRED VOLUME: SATISFIED:
129 VPH 500 VPH 26%
MINOR ST/PEDS: REQUIRED VOLUME: SATISFIED:
31 VPH 200 VPH 16%
AVERAGE DELAY: 5 SEC/VEH
85TH % SPEED = 38 MPH POSTED SPEED LIMIT = 25 MPH
SPLIT: MINOR STREET: 24% (POOR SPLIT)
MAJOR STREET: 76%
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TAL
TALLY I NO. I MPH x NO.
UICTO�Z R- PR &E
1732 MOPIOWC- CfA)"N RL-�'.
'pI R-r'►'! o A)D OA-12, CA-L. q / -? � S"
(7)y) M - f ? S q
f
IJE the undersigned are petitioning the City Ccsurrci l of Dia►nt;r,d Bar for
additional stop s=igns at Morning Carryon Rd and Santaquin Dr. /
Cl if f branch. The people who reside or, these streets and near thiE,
intersection, feel an ,_rrgent r,ec_d f.,r a four-way stop intersection.
Prob l em #i 1 :
Sant aq u i r, Dr. haE-, 'a dowr, hill slope t o it whE-rr traveling west toward
hiarning Canyon. Santaquin Dr. also has a wide_ _weeping bend in the read
that preve-rotsgiver_- from being able tc, see this intersection. The
drivers are riot applying their brakes going dawn this hill but rather
are taking the opportunity to go even faster.
Problem #c:
Cliffbranch also has. a bend in the road arid is going up hill which
prevents drivers from seeing this intersection. Drivers traveling east
have a tendency to pick up their speed so that they can race up the ever,
bigger- hill on Sentaquir, Dr.
Probl errs #3:
Drivers dinning up Mr_,rning Canyon wanting to turn left onto Cliffbranch,
or right onto Santaquin Dr., or go straight ahead thru the intersection
car, riot see or,cc-ming cars when stopped at the stop sign. This is due to
the fact that both Santaquir, Dr. and Cliffbranch have bends in the
road preventing visibility and neighbors living on these corners
have built their back yard fences right ,sip against the sidewalks. This
further inhibits the drivers' visibilty. The driver wishing to enter
this intersection from Morning Canyon has to creep way Out into the
intersection to make a "safe" turn.
Problem t44:
Wher, Diamond Bar Blvd. is backed up, people use Cliffbranch and
Santaquin Dr. as a substitute. Traffic is very heavy in the mornings
and in the evenings.
A brief history:
We have had numerous fender benders and screeching brake near misses.
Tickets have been issued to drivers for- speeding in excess of 50 mph.
A Highway Patrol officer once parked at this intersection around 5:00 PM
and wrote 15 to 20 tickets in a 45 minute period.
F; neighbor had their rnailbox and pole flattened by someone root making !(?�
t he t urr, on Sant aq u i n Dr. , t w i ce. /
2v
Some: _vr,e riot making the turn or, Sar,taquin Dr. hit the curb 5o hard it
_hook a neighbor's house to where they thought someone had hit their, G "/
home (the car had to be towed away) . G
The Walnut Schaal Transportation, Department has been using this
inter•sectiorr, as the bus pick-up and drop-off for all aged children. We
are all very nervous about our kids standing dawn at this iritersectior,.
The people who reside in this area are asking the City Council to help
make this: very dangerous intersection safer far all who use it, the
Ir
s chc,-- 1 chi ldren, the pedestrians, arsd the drivers. Help Us get a
fr_-ur-way stop for this intersection before a horrible tragedy r_,ccurs,
it's 3ust a matter of
NAME
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D-�.
13
CITY OF DIAMOND BAR
AGENDA SCHEDULING REQUEST
TO: CITY CLERK
FROM: Robert L Van Nort, City Manager
FOR MEETING DATE: October 17 1989
[ ] Consent Calendar [ ] Special Presentations
[ ] Public Hearings [ ) Closed Session
[ J Unfinished Business [ ] Other
[ ] New Business
ss s ii s si s si s ss s ss s s c s i s s c i c s s s s s s s s s s s s s a s s s a s s s s s s s s s c c c s s s s s s s s s
AGENDA TITLE:
Request for a 4 -way stop control at Morning Canyon Road and
Santaquin Drive/Cliffbranch Drive.
6i i ii i s !i i ii s si i i s i i! i i i i! s i i! i i C i s ...
ii is6iiiissisisisiits6ssiii i
RECOMMENDED ACTION:
It is recommended that the request for a 4 -way stop at
Morning Canyon Road and Santaquin Drive/Cliffbranch Drive,
be denied at this time and that the Sheriff's Department
be directed to strictly enforce traffic violations in this
area.
i s i s i s i i i i s i i s s s i i i i s i s i i i i i s i ii s is i ii s ii i is s is s si i is s si s ss s si s is MW
External Distribution - name and address of applicant or others
to be notified of meeting and decision
ORDINANCE NO. (1989)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR IMPOSING RESTRICTIONS ON THE
TRANSFER OF CERTAIN MATERIALS TO MINORS AND
PROHIBITING THE POSSESSION OF CERTAIN
MATERIALS BY MINORS DURING CERTAIN HOURS.
The City Council of the City of Diamond Bar does ordain
as follows:
Section 1. Restrictions on Transferring Specified
Items to Minors.
No person under the age of eighteen (18) years may buy,
receive, or exchange for, nor shall any person, firm,
corporation, or partnership sell, exchange, give or loan, or
cause or permit to be sold, exchanged, given or loaned any
pressurized can containing any substance commonly known as paint
or any writing implement that has a porous tip, point or nib that
measures in excess of one sixteenth of one inch in width at its
widest point, commonly referred to as markers, marking pens or
sign pens or any glass etching tool to any minor, unless such
minor first delivers to the person, firm, partnership or
corporation from whom the item is sought pursuant to sale,
exchange, gift or loan, a written request for such items signed
by the parent or guardian of said minor. The person, firm,
corporation or partnership making any such sale, exchange, gift
or loan of any item described herein shall retain possession of
such signed written request for not less than thirty (30) days
and during such time of retention shall present the same to any
1
peace officer upon such peace officers' lawful request.
Section 2. Notice of Prohibition of Sales.
No person, firm, partnership or corporation that offers
to the public, either or both pressured cans containing paint or
writing instruments having a porous tip, point or nib in excess
of one sixteenth of one inch in width at its widest point, unless
any such person, firm, partnership or corporation shall first
post, in a conspicuous location on the premises, a sign measuring
not less than twelve (12) inches by twelve (12) inches with the
following words set forth thereon:
IT IS UNLAWFUL FOR A MINOR TO BUY OR BE SOLD
SPRAY PAINT OR MARKERS WIDER THAN ONE
SIXTEENTH OF ONE INCH WITHOUT A WRITTEN
REQUEST FROM A PARENT OR GUARDIAN.
DIAMOND BAR ORDINANCE NO. (1989)
Section 3. Possession of Spray Paint or Writing
Instruments by Minors During Certain Hours.
No person under the age of eighteen (18) years shall
have in his or her possession any pressurized can containing any
substance commonly known as paint or any writing instrument that
has a porous tip, point or nib that measures in excess of one
sixteenth of one inch at its widest point, commonly referred to
as markers, marking pens or sign pens, or glass etching tools,
while upon any public highway, street, alley, way, park,
playground, swimming pool or public place, whether such minor is
or is not in any automobile, vehicle or other conveyance. The
2
provisions of this Section shall not apply to any minor who is
accompanied by a parent or guardian or during school hours in the
course and scope of supervised school activities.
Section 4. Civil Remedies Available.
The violation of any of the provisions of this
Ordinance shall constitute a nuisance and may be abated by the
CITY through civil process by means of restraining order,
preliminary or permanent injunction or in any other manner
provided by law for the abatement of nuisances.
Section 5. Severability.
The City Council declares that, should any provision,
section, paragraph, sentence, or word of this Ordinance be
rendered or declared invalid by any final Court action in a court
of competent jurisdiction, or by any reason of any preemptive
legislation, the remaining provisions, sections, paragraphs,
sentences, and words of this Ordinance shall remain in full force
and effect.
Section 6. The City Clerk shall certify to the passage
of this Ordinance and shall cause the same to be posted in three
(3) public places within the City of Diamond Bar within fifteen
(15) days after its passage in the manner prescribed by
Resolution No. 89-6.
1989.
ADOPTED AND APPROVED this day of ,
3
Mayor
i
If
I, LINDA BURGESS, City Clerk of the City of Diamond
Bar, do hereby certify that the foregoing Ordinance was
introduced at a regular meeting of the City Council of the City
of Diamond Bar held on the day of , 1989, and was
finally passed at a regular meeting of the City Council of the
City of Diamond Bar held on the day of , 1989, by
the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
M 1011%0PROMIN M 1.9B 4
ATTEST:
City Clerk
City of Diamond Bar
CITY OF DIAMOND BAR
MEMORANDUM
TO: Andrew Arczynski, City Attorney
FROM: Robert L. Van Nort, City Manager
SUBJECT: Quimby Fees
In a recent meeting with the Diamond Bar Improvement Association,
concerns were raised on the current market value of our Quimby
Fees.
As we had discussed earlier, it was suggested that your office
prepare an Ordinance for the realistic implementation of the
Quimby Fees. It is requested that your office prepare said
Ordinance for Council consideration at their second meeting in
October, October 17, 1989.
Sincerely,
'G
Robert L. Van Nort
City Manager
RLVN/dkc
cc: City Council
City Clerk e"--
-G,'& 6,1 9,d-,, 5,� ,
ORDINANCE NO. (1989)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR AMENDING SECTION 21.28.140.A.
OF THE LOS ANGELES COUNTY CODE AS HERETOFORE
ADOPTED, PERTAINING TO THE DETERMINATION OF
FAIR MARKET VALUE FOR THE DEDICATION OF LAND
AND/OR PAYMENT OF FEES FOR PARK AND RECREATION
PURPOSES.
A. Recitals.
(i) California Government Code Section 66477
authorizes cities to impose, as a condition of approval of a
subdivision, a requirement that the developer dedicate land, or
pay fees in lieu thereof, or a combination of such land and fees,
for park and recreation purposes.
(ii) The City Council of the City of Diamond Bar has
heretofore adopted, by reference, the entirety of the Los Angeles
County Code which contains therein certain formulae pertaining to
the determination of in lieu fees for park dedication purposes.
The formulae established in said Los Angeles County Code require
amendment, from time to time, to insure that park dedication
requirements accurately reflect the value of park land within the
City.
(iii) All legal prerequisites to the adoption of this
Ordinance have occurred.
B. Ordinance.
The City Council of the City of Diamond Bar does ordain
as follows:
1
.Section 1.
This Council hereby finds that all of the facts set
forth in the Recitals, Part A, of this Ordinance are true and
correct.
Section 2.
Section 21.28.140.A. of the Los Angeles County Code, as
heretofore adopted by reference, hereby is amended to read, in
words and figures, as follows:
1121.28.140 Park Fees Required When - Computation
and Use.
A. If all or any portion of the local park
space obligation for a residential subdivision is not
satisfied by the provision of local park space as
required by Section 21.24.350, the following park fees
shall be paid as a condition precedent to final approval
of the subdivision: A base fee equal to the local park
space obligation derived from the equation set forth in
Section 21.24.340, less the amount of park space, if
any, provided by the subdivider pursuant to Section
21.24.350, times the average per -acre fair market value
for the appropriate park planning area. For purposes of
determining the park fee required, the term `Fair Market
Value' shall mean the market value of the land as
determined by the staff of the City of Diamond Bar, and
approved by the Planning Commission or City Council,
prior to the approval of the tentative map. If the
OA
subdivider objects to such a valuation, the subdivider,
at its own expense, may obtain an appraisal of the
property by a qualified real estate appraiser approved
by the City whose appraisal may be accepted by the City
if found reasonable. Fair Market Value may be
determined by mutual agreement of City and subdivider;
however, any and all decisions of the City as to Fair
Market Value shall be final and conclusive.,,
Section 3.
If any section, sentence, word, clause or phrase of
this Ordinance is, for any reason, held by a court of competent
jurisdiction to be invalid, or is preempted by legislative
action, such decision or legislative action shall not effect the
validity of the remaining portions of this Ordinance. The City
Council of the City of Diamond Bar hereby declares that it would
have passed this Ordinance and each section, sentence, word,
clause or phrase thereof, irrespective of the fact that any one
or more sections, sentences, words, clauses or phrases be
declared invalid or preempted.
Section 4.
The City Clerk shall certify to the adoption of this
ordinance and shall cause the same to be posted in three (3)
public places within the City of Diamond Bar pursuant to the
provisions of Resolution 89-6.
97
PASSED, ADOPTED AND APPROVED this day of
, 1989.
Mayor
I, LYNDA BURGESS, City Clerk of the City of Diamond
Bar, do hereby certify that the foregoing Ordinance was
introduced at a regular meeting of the City Council of the City
of Diamond Bar held on the day of , 1989, and
was finally passed at a regular meeting of the City Council of
the City of Diamond Bar held on the day of 1989,
by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ATTEST:
City Clerk
City of Diamond Bar
NU011IP&RORMB 26.5 4
ORDINANCE NO. (1989)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR ESTABLISHING A TRAFFIC AND
TRANSPORTATION COMMITTEE.
i{ The City Council of the City of Diamond Bar does ordain
as follows:
Created.
Section 1. Traffic and Transportation Committee
There is hereby created a Traffic and Transportation
Committee to serve in an advisory capacity to the City Council.
Section 2. Composition.
The Traffic and Transportation Committee shall be
composed of five members appointed in accordance with the
procedures set forth in Section 4 hereof.
Section 3. Purposes.
The purposes of the Committee shall be:
(a) To act in an advisory capacity to the City Council
in the review and development of systems, facilities, plans,
policies and programs concerning rail, bus and other forms of
private and public transportation within the City and effecting
the City.
(b) To assist City agencies in providing input into
the planning and implementation process of transportation systems
within the City or effecting the City.
1
(c) To assist in studies and reviews of public
transportation as the same may effect the City and in preparing
recommendations for project implementation in connection
therewith and, further, to review and advise on proposals,
reports and studies of various public and private agencies as the
same may effect the transportation needs of the City.
(d) To recommend to the City Council and to the City
Traffic Engineer and other City officials ways and means for
improving traffic conditions and the administration and
enforcement of traffic regulations.
(e) To hear complaints and receive comments from
_citizens pertaining to traffic issues throughout the community
and to make recommendations thereon to the City Council.
(f) To fulfill such additional assignments made with
respect to public and private transportation issues and traffic
and circulation issues as assigned by the City Council from time
to time.
section 4. Organization and terms of office; filling
of vacancies in office; officers; meetings.
Each member of the Traffic and Transportation Committee
shall be appointed by one member of the City Council, provided
that should a member of the City Council fail to make an
appointment within thirty days of the vacancy in question being
created a majority of the City Council shall appoint to fill the
vacancy.
E
If a vacancy occurs other than by expiration of a term,
it shall be filled within thirty days by appointment for the
unexpired portion of the term by the Council Member who appointed
or had the opportunity to appoint the commissioner whose position
has been vacated or the Council Member serving the unexpired
portion of the term of that person. If that Council Member fails
to appoint within that thirty -day period, a majority of the City
Council shall appoint to fill the vacancy. If the vacancy is
effected by the removal process specified in this Section, the
person so removed may not be appointed to fill the vacancy.
The terms of office of the Traffic and Transportation
Committee shall be two-year terms commencing on July 1st of even
numbered years and expiring on June 30th of even numbered years;
provided, however, that the terms of office of persons initially
appointed to the Traffic and Transportation Committee shall
expire June 30, 1992.
Any member of the Traffic and Transportation Committee
may be removed without cause during his or her term of office by
a four-fifths vote of the City Council, provided that no such
member may be removed during the initial three months of any term
of office for which he or she is appointed.
The Traffic and Transportation Committee annually shall
elect a chairman from among its appointed members for a term of
one year, and may create and fill such other offices as it may
determine and shall hold regular meetings at least once a month
3
and other meetings at such additional times are are deemed
necessary.
Section S. Compensation; travel expenses.
(a) Each member of the Traffic and Transportation
Committee may be paid a fixed sum for each meeting such
commissioner attends. The sum to be paid to each member for each
such meeting attended by such member shall be established by
resolution of the City Council.
(b) The City Council may, from time to time, provide such
sums as the City Council deems reasonable, in its sole
discretion, for travel expenses, meals, lodging and related
expenses necessarily incurred by Traffic and Transportation
Committee members incidental to the performance of their official
duties, including attendance at seminars, conferences or training
courses approved by the City Council. Said expenses may be
advanced to members or otherwise paid to them in accordance with
policies established by the City Council.
Section 6.
The City Clerk shall certify the adoption of the ordinance
and shall cause the same to be posted in three (3) public places
within the City of Diamond Bar pursuant to the provisions of
Resolution 89-6.
PASSED, ADOPTED AND APPROVED this day of
1989.
Mayor
4
I, LYNDA BURGESS, City Clerk of the City of Diamond
Bar, do hereby certify that the foregoing ordinance was
introduced at a regular meeting of the City Council of the City
of Diamond Bar held on the day of
, 1989, and
was finally passed at a regular meeting of the City Council of
the City of Diamond Bar held on the
by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ATTEST:
N%1011%T&TC0MXDB 1.9B 5
day of 1989,
City Clerk
City of Diamond Bar
ORDINANCE NO. (1989)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR PERTAINING TO THE FORM, CONTENT
AND EXECUTION OF CITY WARRANTS, AND
AUTHORIZING USE OF FACSIMILE SIGNATURES.
A. Recitals.
(i) Chapter 6 of Division 6 of Title 1 of the
California Government Code (California Government Code Sections
5500, et seq.) authorizes, and sets forth conditions related to,
use of facsimile signatures to be utilized in the execution of
public securities and instruments of payment.
(ii) The City Council desires to authorize the use of
facsimile signatures by certain designated City officers, in
accordance with the provisions of California Government Code
Section 5501.
(iii) The City Council desires to establish
regulations pertaining to the form, content, and execution of
City warrants.
(iv) All legal prerequisites to the adoption of this
Ordinance have occurred.
B. Ordinance.
NOW, THEREFORE, the City Council of the City of Diamond
Bar does hereby ordain as follows:
Section 1: In all respects as set forth in the
Recitals, Part A, of this Ordinance.
Section 2: All warrants, orders or checks upon the
City treasury for the payment of any money shall be signed by
1
either the Mayor or one of such members of the City Council as
are authorized to so sign by minute motion of the City Council,
and shall be countersigned by the City treasurer, or, in his or
her absence, by that person designated as the Deputy City
Treasurer by minute motion of the City Council. In every
warrant, order or check so drawn shall be specified the name of
the person to whom the same is payable, the date and amount
thereof, the services or indebtedness for which it is to be
issued and the fund out of which it is to be paid and shall be
made payable to the person named therein or to his or her order.
Any person required or authorized pursuant to this section to
sign, or countersign, any warrant, order or check upon the City
treasury may execute such warrant, order or check by means of a
facsimile signature in lieu of his or her manual signature upon
the filing and certification of such person's manual signature in
accordance with the Uniform Facsimile Signature of Public
Officials Act (California Government Code Sections 5500, et seq.)
as the same now exists or as may be amended from time to time.
Whenever any warrant, order or check is for an amount payable in
excess of ten thousand dollars, the same shall, in addition to
the signatures required or permitted hereinabove, be
countersigned by the City Manager or Assistant City Manager, or
in his or her absence, by that person designated by minute motion
of the City Council, and such signature of the City Manager,
Acting City Manager or Assistant City Manager or Acting Assistant
City Manager shall be affixed manually and not through the use of
2
facsimile signature.
Section 3. The City Clerk shall certify to the passage
of this Ordinance and shall cause the same to be posted in three
(3) public places within the City of Diamond Bar within fifteen
(15) days after its passage in the manner prescribed by
Resolution No. 89-6.
PASSED, ADOPTED AND APPROVED this day of
, 1989.
Mayor
I, LYNDA BURGESS, City Clerk of the City of Diamond
Bar, do hereby certify that the foregoing Ordinance was
introduced at a regular meeting of the City Council of the City
of Diamond Bar held on the day of , 1989, and was
finally passed at a regular meeting of the City Council of the
City of Diamond Bar held on the day of , 1989, by
the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ATTEST:
City Clerk
City of Diamond Bar
KM11%0WARRNTS\DB 1.3B 3
REPORT ON ACTIONS TAKEN FOLLOWING ADOPTION
OF ORDINANCE NO. 23 (1989)
Pursuant to the requirements of California Government
Code Section 65858(d), and at the express direction of the City
Council of the City of Diamond Bar, the following constitutes a
written report of the City Council concerning those measures
taken to alleviate the conditions which led to the adoption of
Ordinance No. 23 (1989).
1. On September 5, 1989, the City Council of the City
of Diamond Bar adopted its Ordinance No. 23 (1989) entitled "An
Ordinance of the City Council of the City of Diamond Bar,
Adopting an Interim Zoning Ordinance Pursuant to California
Government Code Section 65858(b) and Making Findings in Support
Thereof." Said Ordinance No. 23 (1989) adopted interim zoning
regulations, effective for no longer than forty-five (45) days,
requiring that all applications for freestanding signs in excess
of six (6) feet in height in all zones within the City are to be
processed in accordance with the procedures specified in Part 1
of Chapter 22.56 of Title 22 of the Los Angeles County Code as
heretofore adopted by the City. Pursuant to the requirements of
said Section 65858, Ordinance No. 23 (1989) was adopted by the
City Council upon its finding that approvals of such development
applications within the City, other than pursuant to the interim
1
policies, would result in an immediate threat to public health,
safety or welfare.
2. Pursuant to California Government Code Section
65858(b), ten (10) days prior to the expiration of any interim
ordinance, or any extension thereof adopted pursuant to the terms
of said section, the City Council shall issue a written report
describing the measures taken to alleviate the condition which
led to the adoption of such interim zoning ordinance.
3. On September 5, 1989, at a meeting of the City
Council of the City of Diamond Bar, the City Council was
presented with an oral staff report concerning the measures taken
to alleviate the conditions which prompted the adoption of said
Ordinance No. 23 (1989). At said meeting and following said
staff report, the City Council authorized and directed staff to
prepare a written report concerning the actions taken following
and relative to, the adoption of Ordinance No. 23 (1989).
ACTIONS TAKEN
Following the adoption of Ordinance No. 23 (1989), the
following actions have been taken relative to the interim zoning
regulations:
1. At the express request and direction of the City
Council, the City Staff has been continuing in its efforts to
formulate the General Plan of the City of Diamond Bar and
specific amendments to the City's Zoning Ordinance. The goal of
such General Plan study and Zoning Ordinance amendments is to
E
create a unified and balanced plan of development for the City of
Diamond Bar which will eventually result in the establishment of
permanent and comprehensive zoning policies for the City.
2. The City Council directed that such General Plan
study emphasize the formulation of the Land Use Element thereof.
The preparation of such Land Use Element will provide the
necessary guideline for long-term development in the City.
Moreover, the contemplated amendments to the Zoning Ordinance
will permit the comprehensive review, together with public input,
of applications for freestanding signs. With the adoption of a
Land Use Element and the amendments to the Zoning Ordinance, the
City Council would consider the earlier repeal of Ordinance No.
23 (1989).
Dated: October 3, 1989.
Robert L. VanNort, City Manager
L%10111231=1WW DB 6.6 3
CITY OF DIAMOND BAR
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN by the City of Diamond Bar that
a public hearing will be conducted by the City Council on
Tuesday, October 17, 1989, at 7:00 p.m., or as soon thereafter as
the matter may be heard, in the Board Room located at 880 South
Lerma
Ca]
mat r ��
r, California, in accordance with
a purpose of considering the following
OF ORDINANCE NO. 23 (1989): A City-
inv and certain provisions of Title 22 of the
Los Angeles County Code, as heretofore adopted by the City
Council, pertaining to the processing of applications for
freestanding signs in excess of six (6) feet in height within all
zones and specifically requiring such development proposals to be
processed pursuant to the procedures set forth in Part 1 of
Chapter 22.56 of Title 22 of said County Code (Conditional Use
Permit). The proposed extension of said Ordinance No. 23 (1989)
is to be considered pursuant to the provisions of California
Government Code Section 65858.
In accordance with the California Environmental Quality
Act, and the administrative regulations promulgated thereunder,
the City has determined that the project (extension of Ordinance
No. 23 (1989)) is categorically exempt from CEQA as a Class 5
1
categorical exemption (California Code of Regulations Section
15305) .
ALL INTERESTED PERSONS are invited to attend said
hearing and provide their opinions and comments on the matters
outlined above.
FURTHER INFORMATION may be obtained from the City of
Diamond Bar, City Hall, 21660 East Copley Drive, Suite 330,
Diamond Bar, California, or by calling (714) 860-2489.
Dated: September 26, 1989
L%1011%NOTICE%DB 6.6 2
Ery
CITY OF DIAMOND BAR
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN by the City of Diamond Bar that
a public hearing will be conducted by the City Council on
Tuesday, October 17, 1989, at 7:00 p.m., or as soon thereafter as
the matter may be heard, in the Board Room located at 880 South
Lemon Road, Diamond Bar, California, in accordance with
California law, for the purpose of considering the following
matter:
1. EXTENSION OF ORDINANCE NO. 23 (1989): A City -
initiated request to amend certain provisions of Title 22 of the
Los Angeles County Code, as heretofore adopted by the City
Council, pertaining to the processing of applications for
freestanding signs in excess of six (6) feet in height within all
zones and specifically requiring such development proposals to be
processed pursuant to the procedures set forth in Part 1 of
Chapter 22.56 of Title 22 of said County Code (Conditional Use
Permit). The proposed extension of said Ordinance No. 23 (1989)
is to be considered pursuant to the provisions of California
Government Code Section 65858.
In accordance with the California Environmental Quality
Act, and the administrative regulations promulgated thereunder,
the City has determined that the project (extension of Ordinance
No. 23 (1989)) is categorically exempt from CEQA as a Class 5
1
categorical exemption (California Code of Regulations Section
15305).
ALL INTERESTED PERSONS are invited to attend said
hearing and provide their opinions and comments on the matters
outlined above.
FURTHER INFORMATION may be obtained from the City of
Diamond Bar, City Hall, 21660 East Copley Drive, Suite 330,
Diamond Bar, California, or by calling (714) 860-2489.
Dated: September 26, 1989
Lyndd Burgess, Cit Clerk
L%1011%N0TICE►DB 6.6 2